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Thursday, September 6, 2012

9:00 a.m. Session


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08:57:00 >>CHARLIE MIRANDA: City Council is called to order.

09:06:43 The chair yields to Mr. Frank Reddick.

09:06:45 >> Thank you, Mr. Chair.

09:06:49 It's a pleasure to recognize Jim Reese who will provide us

09:06:54 the invocation this morning.

09:06:56 Mr. Reese is a graduate of the university of Minnesota, been

09:06:59 a legislative aide for the Tampa City Council for the past

09:07:02 nine years and is presently serving for Ms. Capin.

09:07:19 He is a director for building management for Pasco County.

09:07:23 Please stand for the invocation.

09:07:24 >> Spirit of life, we pray at this hour.

09:07:35 Join us today as we gather in a wise search for truth and

09:07:38 purpose.

09:07:39 In this quest may we greet one another with open hearts and

09:07:42 minds.

09:07:43 May we inspire each other to consider new questions and seek

09:07:47 deeper meaning, and may we cultivate wisdom and compassion.

09:07:51 Let all who enter this chamber see a welcome face, a kind

09:07:56 word and find comfort in this community and may all that is

09:08:00 done be in service to love and justice.

09:08:02 Amen.

09:08:03 [ Pledge of Allegiance ]

09:08:18 >>CHARLIE MIRANDA: Roll call.

09:08:38 >>MIKE SUAREZ: Here.

09:08:41 >>YVONNE CAPIN: Present.

09:08:42 >>FRANK REDDICK: Here.

09:08:43 >>MARY MULHERN: Here.

09:08:44 >>HARRY COHEN: Here.

09:08:46 >>CHARLIE MIRANDA: Here.

09:08:50 Need the adoption of minutes for August 2nd, 9th and

09:08:53 16th of 2012.

09:08:55 I have a motion by Mr. Suarez, second by Mrs. Mulhern.

09:08:57 All in favor of the motion? Opposed? The ayes have it

09:09:01 unanimously.

09:09:03 All right.

09:09:07 Need approval of the agenda and the addendum.

09:09:12 I have a motion by Mr. Reddick, second by Mr. Suarez.

09:09:14 Any items to be moved out, clerk?

09:09:20 >>THE CLERK: No.

09:09:22 >>CHARLIE MIRANDA: That motion will be approving the agenda

09:09:24 and the addendum.

09:09:25 All in favor of the motion?

09:09:27 Opposed? The ayes have it unanimously.

09:09:29 Although we moved 44 through 47 to the addendum, we'll have

09:09:34 to approve them when we get to the agenda. Okay.

09:09:39 You have a resolution, Ms. Capin, on the gentleman you would

09:09:43 like to name?

09:09:46 >>YVONNE CAPIN: I would like to do that after the

09:09:47 presentation.

09:09:49 Well, I can do it now.

09:09:51 >>CHARLIE MIRANDA: Yes, it only takes ten seconds.

09:09:53 >>YVONNE CAPIN: Takes ten seconds.

09:09:55 >>MIKE SUAREZ: I'm sorry to interrupt.

09:09:59 Good morning members of council.

09:10:00 This is just ratifying the appointment.

09:10:03 All you do is move the resolution.

09:10:05 >>YVONNE CAPIN: I move the resolution.

09:10:07 >>CHARLIE MIRANDA: Second by Mr. Cohen.

09:10:09 All in favor? Opposed?

09:10:10 The ayes have it unanimously.

09:10:12 >>YVONNE CAPIN: Thank you.

09:10:14 >>CHARLIE MIRANDA: We do have an hour set for this item

09:10:16 number 1.

09:10:19 And I am going to hold council strictly to that one hour.

09:10:22 I never had one for an hour in my life.

09:10:25 But that's not to say that next week we won't have one for

09:10:28 two hours.

09:10:29 And we do have a full pretty agenda.

09:10:34 We have public comments for 30 minutes.

09:10:37 If I may, I think in respect to those who came here from the

09:10:42 general public, I would like to take public comments at this

09:10:44 time so that we can be fair to both sides.

09:10:48 All right.

09:10:51 Public comment.

09:10:51 Anyone in the audience care to speak on any item that's on

09:10:54 the agenda first?

09:10:56 Any item on the agenda first.

09:10:59 I see no one.

09:11:00 Any item that is not on the agenda?

09:11:03 You may come speak now for three minutes on any item that is

09:11:06 not on the agenda.

09:11:07 Please state your name and address when you come up.

09:11:10 >> My name is Ann Deacon.

09:11:18 My address is 5023-39th street, East Tampa.

09:11:25 My concern is, I'm a member of the Elks of the world, and we

09:11:33 have a building on the corner of Columbus drive and 29th

09:11:36 street.

09:11:38 And across the street from there, there's a bus stop.

09:11:47 I observed twice a lady with her newborn baby-sitting there

09:11:52 waiting on the bus to come.

09:11:56 It started raining.

09:11:58 So I told her to come across the street under the shed so

09:12:02 that she wouldn't get wet with the baby.

09:12:07 But got caught in the rain anyway.

09:12:09 And my concern is, I been trying to get Hartline to put a

09:12:14 shelter over there so that when it starts raining, those

09:12:20 kids won't get wet.

09:12:22 Now, when she came under the shed, the bus came, and he

09:12:29 didn't see anybody at the bus stop, so they got left.

09:12:34 And that happened twice.

09:12:36 And my concern is for those kids, you know.

09:12:42 We have newborn, you know, when you get caught out in the

09:12:46 rain like that, there's no shelter there, so my concern is

09:12:50 to get with the board on Hartline.

09:12:54 And I been trying to get with them for a whole year.

09:12:59 And I been getting the run-around so I decided to come and

09:13:04 start from the City Council and see if I can get you all to

09:13:07 get involved with Hartline, and talk with Hartline to see if

09:13:14 we can get a shelter there for those kids.

09:13:17 Also, there's some land there that I talked with Hartline

09:13:23 about, a young man by the name of Rodriguez.

09:13:26 I talked with him and I told him, I said, well, maybe what

09:13:29 we need is to put a stop-and-go parking lot there, and

09:13:37 because it's been vacant for years, put a stop-and-go

09:13:41 parking lot there, because there is no parking space

09:13:45 downtown here for people that work down here to park.

09:13:53 And he said he was going to look into it, and that they

09:13:57 needed sidewalks and what have you, they need to work with

09:14:01 the City Council to get sidewalks and what have you.

09:14:05 That's a major concern to me, and I am going to continue to

09:14:11 come to the City Council.

09:14:13 I remember Mr. Knott used to be here every week.

09:14:17 I am going to take his place until you all get me some help.

09:14:21 And that's what I'm asking for, is to get that shelter first

09:14:27 and see if we can't work together and get that park-and-go

09:14:33 for these people and have somewhere to park, and they don't

09:14:35 have to go outside and put their money into machines every

09:14:41 two or three hours.

09:14:43 >>CHARLIE MIRANDA: I'm sorry, your time is up.

09:14:44 Mr. Suarez?

09:14:45 >>MIKE SUAREZ: Ma'am, I think you have contacted my office.

09:14:48 I am on the Hart board.

09:14:49 And if you don't mind, we'll talk to you right now and tell

09:14:52 you what we have.

09:14:53 We have actually already talked to Hart about that

09:14:55 particular location.

09:14:56 So if you don't mind, we'll take it offline here because

09:14:59 this is not an issue for the City Council.

09:15:01 I will be glad to talk to you right now.

09:15:05 Thank you.

09:15:06 >>CHARLIE MIRANDA: Thank you very much for coming.

09:15:07 Okay.

09:15:10 Anyone else in the audience care to speak to any items not

09:15:13 on the agenda or on the agenda at this time?

09:15:15 I see no one.

09:15:16 We go to the 9:00 item number 1.

09:15:20 >> This is from the workshop of June 21 for the workshop.

09:15:42 All members received a copy of the opinion page that I wrote

09:15:46 for "The Tampa Tribune and was published yesterday.

09:15:50 And what I tried to do there was explain what I knew and the

09:15:55 research that I have done on this very program.

09:15:58 Also, along, as the day went on, council members got copies

09:16:05 of all the e-mails and letters that came in.

09:16:11 The University of South Florida sent a letter of

09:16:19 recommendation.

09:16:19 The Westshore Alliance and others.

09:16:23 And everyone received a copy, and I hope you went over those

09:16:26 during the evening.

09:16:29 The purpose of this meeting is to further educate ourselves

09:16:35 on the EB-5 regional program.

09:16:40 And with that, I will introduce our first speaker who has

09:16:44 traveled here from Miami, Florida, the city of Miami,

09:16:49 Florida.

09:16:49 Her name is Mikki Canton, a senior advisor and consultant on

09:16:57 international business and economic development,

09:16:59 public-private partnership to the mayor of the city of

09:17:02 Miami, Florida. She is a former member of the law firm of

09:17:06 Holland and Knight.

09:17:07 She has served as legislative corporate law counsel to both

09:17:10 public and private clients, representing a wide range of

09:17:13 local and national governmental entities and the

09:17:18 entertainment transportation, architectural firms,

09:17:22 commercial developers, real estate and other enterprises and

09:17:25 local and state levels.

09:17:28 Ms. Canton, thank you.

09:17:32 >> Good morning and thank you very much for the wonderful

09:17:37 invitation to visit your amazing city.

09:17:42 On behalf of the mayor of the city of Miami, he sends his

09:17:47 greetings, he sends his best wishes and congratulates the

09:17:52 City of Tampa for everything that you are doing to better

09:17:55 the quality of your citizens and all of those who are

09:17:58 fortunate enough to have some interaction with Tampa, both

09:18:03 at the local, regional and international levels.

09:18:06 I wanted to share some ideas with you today, and I thank

09:18:11 Councilwoman Capin, because this is a subject that has

09:18:15 become very dear to my heart.

09:18:18 Actually it's become sort of a second baby.

09:18:20 By way of my background, I did spend all the formative 17

09:18:27 years of my life as a lawyer under the tutelage of

09:18:30 Chesterfield Smith at the law firm of Holland and Knight,

09:18:34 and upon his death I went to the great law firm of Gunster

09:18:38 Yokley and Stewart where I became managing partner of the

09:18:43 Miami office and was there for three and a half years.

09:18:46 I am very interested in the international corporate action

09:18:52 fields, and as a result of that, I left gunster, worked with

09:18:58 them still, but I left gunster to pursue a wider field of

09:19:03 interest.

09:19:04 I am a former member of the ethics commission of the State

09:19:07 of Florida and recently was elected to the council on

09:19:13 Foreign Relations.

09:19:14 So I just give you this by way of background so that you can

09:19:18 appreciate where we have been and where we are going.

09:19:23 >>YVONNE CAPIN: Ms. Canton, may I interject?

09:19:26 I thank you for the background, and I would like you to

09:19:30 speak more on the EB-5, as Mr. Flynn who was on the agenda

09:19:37 first and I inadvertently changed it.

09:19:40 And I would like him, if he will, come up to speak at this

09:19:45 time.

09:19:49 Absolutely.

09:19:49 I think that will be a great idea and I will be glad to

09:19:51 follow after what we are doing with Miami.

09:19:55 >>YVONNE CAPIN: Thank you very much.

09:19:55 And I thank you for your background.

09:19:57 Mr. William Flynn of Fowler White Boggs is scheduled to be

09:20:02 the first speaker and it was my mistake, and I apologize to

09:20:05 everyone here.

09:20:07 The practice that Mr. Flynn is the leader of international

09:20:12 practice group and his responsibilities include large

09:20:15 immigration practice, representing foreign national and U.S.

09:20:19 corporations and foreign national, and he represents clients

09:20:24 before the U.S. department of homeland security, U.S.

09:20:27 Department of Labor and U.S. department of state.

09:20:29 Mr. Flynn has worked with immigration nationally and

09:20:32 internationally cross border transactions and has

09:20:36 considerable experience in dealing with issues related to

09:20:38 EB-5 and, Mr. Flynn, my apologies to you because we went

09:20:43 over you, and I leapfrogged over you.

09:20:49 So if you will please come up and inform us.

09:20:57 >>> Thank you, Mr. Chairman, members of council.

09:21:01 I want to give you a bit of overview and specifics on the

09:21:03 EB-5 program.

09:21:05 It's been around for more than 20 years and is designed to

09:21:08 allow foreign nationals who are properly vetted in many ways

09:21:11 to be able to invest either 500,000 or $1 million in a U.S.

09:21:16 investment, and for that to be able to achieve permanent

09:21:19 resident or green card status.

09:21:22 It's all about job creation.

09:21:24 And ten jobs must be created per investor.

09:21:28 Now, there are essentially two kinds of investments.

09:21:31 Entrepreneurial investment where the investor must higher

09:21:34 ten direct employees, or invest in what's called a regional

09:21:37 center in which an indirect job creation exists.

09:21:40 I'll give you an example of that.

09:21:42 A regional center in Seattle building a Marriott hotel in

09:21:46 Los Angeles is a project, they determined 334 jobs would be

09:21:52 created.

09:21:52 Divide by ten and you have the number of investors who would

09:21:54 put their 500,000 and go forth in that particular way.

09:21:58 One of the advantages of a regional center, for example,

09:22:02 were the City of Tampa become a regional center or to get

09:22:05 involved with a private group and do a public-private type

09:22:08 partnership, the advantages, some of them would be as

09:22:11 follows.

09:22:11 First of all, the indirect job creation.

09:22:14 You can ask anybody about trying to hire ten people and they

09:22:17 may not be too excited about that, whereas if they can be

09:22:21 allocated, ten investors, ten people having jobs, that will

09:22:24 be so much better.

09:22:26 Secondly, there's no immigration quote involved.

09:22:32 Immigration law, a person must wait for long periods of time

09:22:36 before they can actually process, has to do with country of

09:22:39 origin or backlogs in general.

09:22:41 Here there is no such gridlock.

09:22:43 Number three and perhaps most important for a regional

09:22:45 center set-up is that the investor is much more user

09:22:48 friendly for the investor.

09:22:50 For example, the investor can choose to be employed or not.

09:22:54 The investor can live where he or she desires and not

09:22:57 required to live where the investment is.

09:22:59 They can travel without any kind of barrier back and forth

09:23:02 in and out of the country.

09:23:03 I think even more important is the child issue.

09:23:07 The two countries, I don't think it's a coincidence but the

09:23:11 two primary users of EB-5 so far are Chinese and south

09:23:15 Korean.

09:23:16 The reason for that, in my opinion, is that in many Asian

09:23:19 countries, particularly, if a child is not properly in the

09:23:23 right place, let's call it, at age 14, their future is very

09:23:27 limited.

09:23:27 They have to be in the right school and the right program.

09:23:31 And a lot of the motivation for the Asian investor

09:23:34 particularly is to allow the child under age 14 to be here

09:23:37 in a legal status and to be able to go to school in the

09:23:40 United States.

09:23:42 The advantage to a city being involved has to do with

09:23:45 infrastructure.

09:23:46 It's my opinion that a lot of foreign nationals, you know,

09:23:49 cultural habits and morays are a little different, but a

09:23:54 prominent municipality or state is involved gives them

09:23:57 confidence in the investment.

09:23:58 Now, there are approximately 240 regional centers today, and

09:24:01 there's a lot of competition for the foreign dollars.

09:24:04 So the more advantageous we can make it, the better for us.

09:24:09 I would not tell you that there are no challenges involved

09:24:12 with EB-5.

09:24:14 We are dealing with the immigration service, which is not

09:24:18 known for its benevolence or scholarships, and they do cause

09:24:22 problems by kicking cases back.

09:24:24 You have to work through that.

09:24:27 It is a surmountable problem.

09:24:30 Number two, in the best of circumstances it's not easy to

09:24:32 raise capital.

09:24:33 I think there are advantages to a situation like this

09:24:35 especially with our RNC reputation and our other reputation

09:24:39 we have earned.

09:24:40 The return on investments will take awhile.

09:24:42 You are not going to be in the black in the first year.

09:24:44 It going to take a few years.

09:24:46 And, of course, there are moneys that have to be spent.

09:24:49 Generally speaking, probably 2 or $300,000 would be an

09:24:54 educated guess as to how much it will cost to hire the

09:24:56 economists, do all the other things you need to become a

09:24:59 regional center which is going to take about a year.

09:25:02 So we need to be cognizant of that.

09:25:05 The primary hot button for the immigration service with the

09:25:09 foreign investors, the source of funds, we want no drug

09:25:15 money, no black money, so it goes through a very strong

09:25:18 vetting process, and I'm confident that that does weed out

09:25:24 all of the bad apples.

09:25:26 So I don't think that's a legitimate risk.

09:25:28 And before I turn it over to Ms. Canton, how do we do it?

09:25:33 What are the steps we follow if we go forth?

09:25:37 First we need to set up a team, and a team is going to have

09:25:39 a few inevitable players, a securities lawyer, because the

09:25:43 way to deal needs to be done in a proper way, and they need

09:25:47 to be filled by a broker dealer that's very important.

09:25:50 Number two, will be necessary to give the kind of report

09:25:54 that I alluded to earlier, at the Marriott hotel, 334 jobs.

09:25:59 Number three, immigration specialists.

09:26:01 Number four, business plan writer.

09:26:03 Very, very important.

09:26:04 Then the project or projects need to be identified.

09:26:07 Then the good business plan needs to be put together that

09:26:10 has the organizational structure and explains to the world,

09:26:13 to the immigration service, how we are going to market the

09:26:16 project, very interested in how it's going to be marketed,

09:26:19 and then of course the promotional aspects by the securities

09:26:24 lawyer.

09:26:25 There are alternatives.

09:26:26 The city can still benefit if this is going on, even if it

09:26:29 is not the regional center.

09:26:31 It could be cooperative in other ways.

09:26:33 And another way to look at it is the city, other than going

09:26:37 through the year long process of trying to qualify as a

09:26:40 regional center, might adopt an existing regional center or

09:26:43 be adopted.

09:26:44 Then already done the work.

09:26:45 They have got their sales apparatus going in China.

09:26:48 Why not do a joints venture with them?

09:26:51 That would K work just as well. So I think the city's

09:26:55 presence in whatever way does lend a certain credibility

09:26:58 that I think would be a good indicator of success, and there

09:27:01 are some good empirical information that MIKKI is going to

09:27:08 talk about how other cities have benefited in this way.

09:27:12 >>YVONNE CAPIN: Thank you, Mr. Flynn, and thank you for your

09:27:17 patience with my fumble.

09:27:21 Ms. Canton, we talked about your background, and you can

09:27:24 talk to us about your knowledge and experience with it.

09:27:29 >> MIKKI Canton: Thank you very much.

09:27:34 It really is very important that we get the idea, the

09:27:37 foundation of what it is to have an EB-5, what an EB 5 is,

09:27:44 et cetera.

09:27:45 Just to add a few things, the EB-5 Visa itself, not the

09:27:48 regional center, has been around.

09:27:50 The EB-5 regional center is just a very good Avenue to

09:27:56 create jobs.

09:27:57 It is -- the EP-5 regional center is utilizing the EB 5 Visa

09:28:03 that investors can always apply for whether there's a

09:28:06 regional center or not.

09:28:07 But what it does beings it creates a vehicle where the

09:28:14 investor money goes into the specific purpose of creating

09:28:18 jobs and spurring economic growth.

09:28:21 That is what the intent of the EB-5 regional center.

09:28:25 In and of itself, it is not an immigration Visa.

09:28:29 The Visa is separate.

09:28:31 The Visa is already there.

09:28:34 About 22, 20 years ago, someone very intelligently came up

09:28:38 with the idea that if we are getting these investors to come

09:28:41 in and invest money -- and mind you we are talking about a

09:28:46 million dollar investment per investor, or in the case of a

09:28:51 targeted employment area, which you all know, you have your

09:28:57 targeted employment areas, in that case, the investment is

09:29:00 made in an employment area, the investment is 500,000.

09:29:04 And that was precisely the intent.

09:29:07 When the EB-5 project was vetted -- and remember, we are

09:29:12 talking about homeland security.

09:29:15 Homeland security oversees the United States -- USDIS.

09:29:25 In other words, it's not the USDIS formerly known as

09:29:28 immigration doing its own thing.

09:29:30 Homeland security is overseeing it.

09:29:34 So that should put everyone that understands how strict

09:29:39 homeland security is as far as who comes in the country,

09:29:41 what kind of money comes in the country, where they have

09:29:44 been.

09:29:45 I mean, in the case of China, I just found out last week

09:29:48 that when these potential investors are interviewed, very,

09:29:54 very carefully interviewed by homeland security, they

09:29:57 actually have to check a box that says that we are not a

09:30:00 member of the communist party.

09:30:02 And to me, I know, for me it was sort of -- anybody can say

09:30:08 whatever, but remember, if you sign as a Chinese person and

09:30:12 you say I am not a member of the Chinese party, you are

09:30:15 living in China, so you better be sure that you really are

09:30:18 not, because if you are, someone is going to come out and

09:30:20 ask you, well, why did you say this, in China, not in the

09:30:23 United States.

09:30:24 I just mention this because I thought it was a good bit of

09:30:26 information that personally I have not come across, that you

09:30:31 hear all the issues about, well, this is Chinese money.

09:30:34 Well, it's not just Chinese money.

09:30:37 Though China is very, very involved in the investor

09:30:40 situation, we are talking about India, we are talking about

09:30:43 South Korea, we are talking about Taiwan.

09:30:46 We are also talking about a very strong and missing piece of

09:30:49 the way the regional center system is set up.

09:30:53 Florida, by virtue of its location, is the gateway to Latin

09:30:58 America.

09:30:58 And that is a market that has not been tapped to the degree

09:31:03 that it should be for EB-5 investment services.

09:31:07 The city of Miami has that in mind.

09:31:11 Our target is not just going to be the Asian countries.

09:31:15 And we are talking about a lot of Asian countries.

09:31:17 We are talking about Latin America, where there is a lot of

09:31:22 money, because, in and of itself, Latin America has been

09:31:26 able to survive the global economic crisis to a much better

09:31:30 degree than other countries.

09:31:33 So you must keep that in mind, because the City of Tampa has

09:31:36 an incredible background, you are diverse, you have a

09:31:39 location bar none, other than Miami, which we do not

09:31:43 compete.

09:31:44 We are sister cities.

09:31:45 We see this possibility as something that would put Florida

09:31:49 really on the map of what global economic engagement is.

09:31:54 So now back to Miami.

09:31:55 So I wanted to lay a few basic ideas down so you would get

09:32:00 some kind of comfort level in knowing where the money is

09:32:04 coming in, who is looking at the money, and the rigorous

09:32:07 process that both the city, once it applies to a regional

09:32:12 center and the actual investor have to go through.

09:32:15 There are differences.

09:32:16 They are looked at completely different.

09:32:19 There are, like Bill said, 200-something regional centers in

09:32:24 the United States.

09:32:24 This project has become like the top project.

09:32:28 It has been extended.

09:32:31 The actual project usually has been extended in the past for

09:32:35 three years he have time it sunsets.

09:32:39 The latest one -- this period we are in is set to expire

09:32:43 September 30th of this year.

09:32:45 However, senator Leahy from Vermont, which has its own

09:32:51 regional center, has been the proponent of an extension

09:32:54 which passed in the Senate, I believe it was August 7th,

09:32:57 Bill, and then as far as where it goes from here, it's going

09:33:01 to be taken up by the House.

09:33:06 Momentarily if they haven't already.

09:33:08 And that will pass.

09:33:10 A three-year extension.

09:33:12 The idea was to make it a permanent project.

09:33:14 But there's been a lot of resistance to that, 'n and simply

09:33:18 because the more the project gets out there, the more

09:33:21 tweaking it needs.

09:33:23 And basically Congress and the Senate did not feel it was at

09:33:27 that point yet.

09:33:28 There has been a lot of abuses.

09:33:32 Like I said, 230-something regional centers.

09:33:36 Back when the program was begun in about 20 years ago --

09:33:42 that's about where we are, maybe '92 -- anybody could get a

09:33:48 regional center status.

09:33:50 All you do, you get certified and designated as a regional

09:33:53 center which means that these investors who have the money

09:33:56 to invest under the EB-5 Visa come to your regional centers,

09:34:01 and they invest their money, like Bill said, Visa, a Visa

09:34:07 for them, for their spouse and for children under 21.

09:34:11 When that happened, everybody applied.

09:34:13 They wanted to do their own individual project.

09:34:16 So you had people who had a building going up somewhere that

09:34:21 they felt could substantiate creating the ten jobs per

09:34:25 investor, and that's who got these regional center

09:34:28 designations.

09:34:29 And through the years, a lot of people felt, well, there's a

09:34:33 lot of money involved here, a lot of immigration lawyers

09:34:36 used it as a way to get clients to put them through the

09:34:40 whole regional center application process, or to use them as

09:34:45 investors for that particular building they were

09:34:49 representing.

09:34:49 If you look at who owns the regional centers throughout the

09:34:52 United States, many are owned by immigration law firms.

09:34:55 And that's okay.

09:34:56 Anyone can do that.

09:34:57 But you have got to worry about conflict of interest.

09:35:00 And that is the reason that through the years there has been

09:35:04 a lot of fraud.

09:35:05 People all over the world representing.

09:35:06 We have this great regional center sitting in this city

09:35:10 somewhere, and then, in fact, that person was

09:35:13 misrepresenting.

09:35:14 So the reason that the program itself has not been made

09:35:17 permanent is because there have been a lot of abuses.

09:35:21 If you look at all these regional centers, which are most

09:35:24 privately owned, maybe a hand full of them are doing

09:35:28 anything that is truly, truly significant in raising the

09:35:32 amount of money that they need for their projects.

09:35:37 The best one that we -- and I have been involved with this

09:35:41 now, I mean, living it, eating it, even though my major

09:35:45 purpose to serve is adviser to the mayor, is a lot broader

09:35:49 than just this.

09:35:51 This is an area that is so important to any growing economy,

09:35:57 any municipal government, that really once you get into it

09:36:01 and you start really talking to people, traveling, seeing

09:36:05 how they are doing, your comfort level gets better, you see

09:36:10 what the do's and don'ts are, and then you let it go because

09:36:13 you know you have this and you have got to feed it.

09:36:19 And that's where we are.

09:36:21 The city of Dallas was granted regional center designation

09:36:24 in 2009.

09:36:26 Now, that is not long ago at all.

09:36:29 The city of Dallas owns that regional center through their

09:36:33 Department of Commerce and economic development.

09:36:36 That is who owns it.

09:36:38 For example, if the City of Tampa were to apply, you would

09:36:41 have to go through one of your agencies or one of your

09:36:44 departments.

09:36:46 You are the person and the entity that owns the city, but

09:36:50 it's administered and owned but an agency which is what the

09:36:53 city of Dallas has done.

09:36:55 The city of Dallas is the first city that owns, exclusively

09:37:01 owns their regional center.

09:37:04 The state of Vermont has owned their regional center since

09:37:07 1997.

09:37:08 And this is a perfect example of how it should be done.

09:37:15 The state of Vermont through their agency of commerce,

09:37:19 Department of Commerce, then their agency of economic

09:37:22 development, runs their regional center.

09:37:25 They exclusively are the managers of that regional center,

09:37:33 whereas the city of Dallas went through a process that took

09:37:36 two years.

09:37:37 This is not something that happens overnight.

09:37:41 Neither does it happen at your local level.

09:37:43 You have got to be really, really careful of every step of

09:37:47 the way of how you want to set it up.

09:37:50 You set it up depending on what is the best need and best

09:37:54 format for your city, which is not necessarily what we may

09:37:57 be doing in Miami.

09:37:59 Every city is different.

09:38:00 He have government is different.

09:38:02 But just to make it very clear, there are only two

09:38:07 government-owned regional centers.

09:38:10 Now, there are other regional centers that work very closely

09:38:15 in partnership with government.

09:38:17 The city of New York regional center is a perfect example.

09:38:21 The city of New York regional center is owned by a private

09:38:26 group of real estate lawyers, investment bankers, security

09:38:29 people, people who have the expertise to do as Bill said.

09:38:34 This is a very complex, very complex project.

09:38:37 So what the city of New York does, the city of New York

09:38:42 regional center works very closely with mayor Blumberg and

09:38:46 his administration, and so they don't work exclusively.

09:38:49 In other words, any group can bring in an investment to the

09:38:52 city of New York.

09:38:54 The city of New York regional center brings their

09:38:57 investments to work hand in hand with the city.

09:39:00 They have done -- and I was just there.

09:39:02 I spent two weeks traveling in the northeast to visit the

09:39:07 regional centers per se.

09:39:10 Some of them you drive up and all it is is a building.

09:39:13 Okay.

09:39:14 And it's managed by somebody in California.

09:39:18 That's not what you want.

09:39:21 Some of them you drive up and you say, wow, what a project.

09:39:29 The Brooklyn Navy boat yard, if you look it up in trip

09:39:33 adviser, it the number one attraction in New York.

09:39:36 This Brooklyn Navy boat yard was falling apart.

09:39:39 Falling apart.

09:39:40 And the administration said, we have got to do something to

09:39:43 revitalize it.

09:39:46 Their major issue was not to create jobs.

09:39:48 They looked at this sad piece of absolutely amazing property

09:39:51 that is a legacy that was just falling apart, and they said,

09:39:55 we have got to do something.

09:39:57 But how do we do something creatively where we just not

09:40:00 bring it back to life, but where we spur economic

09:40:03 development for our citizens, we have growth, and we make

09:40:07 jobs happen.

09:40:08 So they started through their own grants and all that.

09:40:11 It was not initially an EB-5 project.

09:40:15 However, the city of New York regional center team went out

09:40:18 and raised millions of dollars.

09:40:22 The last time they put in money was $60 million.

09:40:25 And they made it into an industrial park.

09:40:28 When I drove in there, it was something to behold.

09:40:33 And, you know, the jobs associated, it is a success.

09:40:37 But it was a success because it was done very carefully,

09:40:41 Watts done with the right professionals, and it was done

09:40:44 with the mind-set of let's take this gorgeous jewel that we

09:40:48 have in our city, and also let's do more with less, but

09:40:54 let's create jobs.

09:40:56 Along the same lines, that is how New York operates.

09:41:01 You have got the Philadelphia -- there's a Philadelphia

09:41:05 industrial of Florida, I believe.

09:41:06 I don't remember the exact name.

09:41:07 But they worked hand in hand with another regional center

09:41:12 that is actually housed in New York.

09:41:15 The one that is administered, that Philadelphia one, is

09:41:19 really housed in New York because what happens is the

09:41:21 regional center itself in these private groups is just an

09:41:25 office.

09:41:25 And you have got a lawyer, you have got a real estate

09:41:28 professional, et cetera, et cetera.

09:41:29 So these are little examples that I am giving you to give

09:41:33 you an idea, because this has become something that I am

09:41:36 doing there again.

09:41:39 I caution and I always use the word "carefully."

09:41:43 You cannot rush into this.

09:41:45 You have got to do exactly what you are doing.

09:41:47 You have got to bring it before the council.

09:41:50 The council has to ask as many questions, get everything out

09:41:53 of your system.

09:41:54 But I will tell you this.

09:41:57 When I began doing this -- and this is just one initiative

09:42:02 of the many initiatives that the mayor of the city of Miami

09:42:07 has put on his priority list.

09:42:09 We have created a department of international business

09:42:11 development.

09:42:18 We have taken the economic development.

09:42:19 We have put them together, not just because we have got to

09:42:22 show that in our application.

09:42:24 When you apply to USDIS, you have to show that you are

09:42:28 serious about this, that you are willing to take the time,

09:42:31 and the effort, but also because, as a city of Miami, we

09:42:36 need to do these projects.

09:42:38 This regional center, every time the mayor has gone out to

09:42:43 any conference, when we were in Taiwan last year, which is

09:42:47 when we were dreaming of this regional center concept, you

09:42:50 cannot believe the number of interested people and groups.

09:42:55 They wanted to know, how can we get involved?

09:42:57 Where are the projects?

09:42:58 What is it?

09:42:59 What is it that we need to get involved with?

09:43:04 We went onto different cities in the United States, and they

09:43:08 all said, this is something we really need to look at.

09:43:11 And again, my first reaction was, look at it, look at it

09:43:15 carefully like we have done, and then come to the conclusion

09:43:19 after a lot of vetting that this is the perfectly right

09:43:24 thing to do.

09:43:25 Don't just say, you know, it's a concept.

09:43:28 It's a very, very complex concept.

09:43:30 But once you understand what all the moving pieces are, it

09:43:34 comes together beautifully.

09:43:37 Going back to Miami, when this became something that the

09:43:39 mayor wanted to pursue, to be very honest with you, he

09:43:44 didn't understand it.

09:43:45 He thought, oh, my gosh, he asked all the questions that are

09:43:51 a natural gut-level reaction to something like this.

09:43:54 And that's normal because it's like, you know, you can't

09:43:58 understand trigonometry in two days.

09:44:02 So once we said -- and I told the mayor, I was told by

09:44:06 experts in immigration that it was going to be very

09:44:10 impossible, almost impossible, very difficult for a city to

09:44:14 get to do this right.

09:44:16 And I kept on saying, to me, it's a no brainer, it's an

09:44:24 asset of the city, it's managed well, and supervised very

09:44:28 closely by the city, then it's a natural.

09:44:31 And then I found out, the fact I didn't know about the city

09:44:35 of Dallas regional center, I didn't know about the state of

09:44:38 Vermont regional center.

09:44:39 Once I got that comfort level came the task, the very

09:44:44 difficult task of learning everything about it, because I

09:44:48 knew nothing about this.

09:44:49 I knew that there was an EB-5 Visa, I knew that all kinds of

09:44:54 investments were possible, but I did not understand nor know

09:44:57 about this regional center concept.

09:45:00 So the mayor said, let's take a good look at this.

09:45:04 Let's take the idea.

09:45:06 And what we did is we went about pretty much what you are

09:45:09 doing.

09:45:09 We met with the individuals.

09:45:12 We talked to the people who were involved, economists, all

09:45:16 of that stuff.

09:45:17 And once we felt we had a comfort level that we could live

09:45:21 with, and we could actually do a credible presentation of

09:45:26 why Miami needed it, of why Miami is going to have it, and

09:45:30 why it's going to get it, because remember, just because you

09:45:33 apply, you want it, doesn't mean you are going to get it.

09:45:36 Those days of giving out regional center designations like

09:45:40 hot cakes, that's over.

09:45:43 The people sitting at USDIS now are economists, just as

09:45:50 sharp as the economists you are going to hire, or your

09:45:53 developer is going to hire -- and I will talk to you a

09:45:56 little bit about how we are doing that to save money.

09:45:58 Also, they are going to put you and your city through a very

09:46:03 strict procedure as to how you are going to manage it, how

09:46:05 you are going to handle the money, et cetera, et cetera.

09:46:11 Now, would you like me to stop?

09:46:14 Because I see --

09:46:18 >> No, no, please.

09:46:20 I just want to make sure I am not interfering.

09:46:22 >> No.

09:46:26 Just the memo. It's fine.

09:46:27 Continue.

09:46:27 >> May I go on?

09:46:30 >>YVONNE CAPIN: Yes, please.

09:46:31 >> The city of Miami went to the Miami Herald editorial

09:46:35 board on March 1st and that really marks the day that we

09:46:38 said, we are going forward.

09:46:40 This is what we are going to do.

09:46:43 Back then, to today, I can tell you that I have learned more

09:46:49 of the to-dos and not-to-dos than I ever knew possible.

09:46:55 What we are going to do is I hope is very helpful to you,

09:47:00 and by all means, if the council decides to decide this

09:47:04 further and go forward with this, we are here to help you.

09:47:09 We have already gone through some of the baptism by fire

09:47:11 that we can probably save you, and the municipal side you

09:47:17 have the expert, you have Bill.

09:47:20 He can guide you through the actual terrific process,

09:47:23 because it is a terrific, meaning a terrifically difficult

09:47:27 possible of getting to where you want to be with the

09:47:30 regional center.

09:47:32 Going again to our issues, the city of Miami is not, like

09:47:37 many governments, rich, and not only are we not rich, we

09:47:41 have been suffering for the last few years of some serious

09:47:47 economic issues that hopefully as we move forward we are

09:47:53 becoming much, much freer of.

09:47:58 That is one of the regions that we want the regional center.

09:48:01 We will do this in a manner that is as uncomplicated as

09:48:05 possible.

09:48:06 We are still debating whether or not we are going to own it

09:48:11 and manage it exclusively, or whether we are going to engage

09:48:17 in a process similar to a hybrid between what the state of

09:48:23 Vermont and the city of Dallas are doing.

09:48:26 Remember, the city of Dallas, through two years of vetting

09:48:30 this, went to -- and by the way, the reason it took Dallas

09:48:35 so long is because they had to get their internal structures

09:48:41 together.

09:48:41 When they started checking out to apply, they were told, you

09:48:44 know, the way you are set up and the way your departments

09:48:48 are set up, you need to work on getting that taken care of

09:48:51 and then you can apply.

09:48:52 So that's really what held them back.

09:48:54 In the of Miami, we have done this.

09:48:57 We already created the department that I told you about.

09:48:59 We fixed our house.

09:49:02 It's in order so that we can go ahead and apply.

09:49:05 But the city of Dallas went ahead and put out an RFP for an

09:49:09 investment management firm to be the firm that manages those

09:49:13 investments.

09:49:14 And what that investment firm does is once there is a

09:49:17 project identified, let's say the city has a project, and I

09:49:21 don't know what your projects are.

09:49:23 In our case, we have many, many projects.

09:49:26 The process, too, I will tell you, has to be -- the type of

09:49:33 projects that you are designated for, with the type of

09:49:37 industry, that when you apply, you have to apply for what

09:49:40 areas of industry you want to be designated.

09:49:46 The state of Vermont is a rural community so they have all

09:49:49 these rural industries.

09:49:53 Obviously Miami can't do that.

09:49:55 But you have got medical tourism.

09:49:56 You have got real estate development.

09:49:58 You have got the renovation of existing projects.

09:50:01 You have got actual businesses in trouble.

09:50:06 There is a category for fa.

09:50:08 You have got entertainment.

09:50:10 You know, tourism, a cruise industry.

09:50:16 You have potential beyond belief in any of these areas.

09:50:18 But when you make your application, when you go in, your

09:50:22 economist has to show that in fact your city is a city where

09:50:26 you are going to be able to have certain industries that can

09:50:29 be invested in.

09:50:30 So let's start off with that.

09:50:33 You can't come up and say we are going to do ABCD, and

09:50:37 that's going to get approved. You have to show why the City

09:50:39 of Tampa is a city that will have extremely positive

09:50:44 projects in tourism, in medical tourism, in medicine.

09:50:49 There's a list and you can look at that.

09:50:51 But again, if you need to go back and amend your

09:50:55 application, or your designation has been given, you need to

09:51:01 go back and maybe add an area that you did not have in your

09:51:04 original application, because you have got to have what they

09:51:06 give you.

09:51:07 Otherwise, you have got to go back and amend. Anyway, the

09:51:11 city of Dallas goes out.

09:51:13 They went through a process and they selected a very, very

09:51:19 well-known exclusive firm.

09:51:23 They manage the city of Dallas' project.

09:51:25 So once there's a project, their job is to go out and do as

09:51:30 Bill said.

09:51:31 They go out.

09:51:32 They find the investors.

09:51:33 They make sure they are not running afoul of the SEC.

09:51:38 They do all of that.

09:51:39 And then when that's done they come back to the city.

09:51:43 The way we are going to do it, we are going to create

09:51:45 several layers at the city.

09:51:47 We are going to have an actual council, that is the council

09:51:51 that is going to look at any project that the city gets.

09:51:54 Right now, even though I am not at liberty to disclose the

09:51:58 project yet, we have an amazing project that's going to be

09:52:01 the tallest building southeast of the entire state and it's

09:52:09 going to be right in Miami, and this is a mixed use project

09:52:11 that's going to have everything from offices, tourism,

09:52:14 living, medical, even consulate.

09:52:20 This is going to be the way that any project you bring to

09:52:23 the city, to the USDIS, has to look, it has to show that

09:52:29 this project is not just going to create jobs while the

09:52:31 construction is going on.

09:52:32 That's not what they are worrying about.

09:52:34 They want jobs that are ongoing jobs once a project is up

09:52:38 and running both direct and indirect.

09:52:40 Now, how did we do it?

09:52:42 Again going back to the issue that we don't have the money

09:52:45 to go and spend too much money.

09:52:48 So we got creative, and we decided we are going to do more

09:52:52 with less.

09:52:52 We are going to use the resources we have.

09:52:55 The developer in our project was very kind.

09:52:59 And he's the one paying for the economist.

09:53:02 The economist, as Bill said, it depends on the economist.

09:53:06 I have gotten quotes from 20,000 to 30 to 40.

09:53:11 But that is the integral piece.

09:53:14 If you don't have the economist, you shouldn't even move

09:53:18 forward.

09:53:19 In talking to the people in Vermont, I spent a lot of time

09:53:23 talking to the former director of Vermont's regional center

09:53:26 who was there seven years who has done an incredible,

09:53:30 incredible job.

09:53:31 And he confirmed that the key person to begin with is -- of

09:53:37 course you have got to have your adviser.

09:53:40 Your adviser whether it's a law firm, whether it's an

09:53:42 individual like I am, serving the mayor, the adviser has to

09:53:46 guide you, because, you know, this is not easy to

09:53:50 understand.

09:53:51 But the economist is the one that puts together that paper

09:53:54 that's going to really, really make it or break it for you.

09:53:58 How many jobs are going to be created?

09:54:00 What does this mean for the city?

09:54:02 How do we move on?

09:54:04 Then the immigration piece is really the last piece that you

09:54:08 are going to worry about, because once you get your

09:54:10 economist report, and you see that, in fact, you can do what

09:54:15 you say you are going to do, that's when you need a person

09:54:18 to take you through the application process.

09:54:21 Okay.

09:54:22 But your corporate or your international adviser and your

09:54:26 economist, those are the most important parts of the

09:54:28 beginning.

09:54:29 At the beginning.

09:54:31 After you do all of that, you put your application in, it

09:54:35 can be up to a year, and county take a long, long time.

09:54:39 So this is not something you want to do lightly.

09:54:42 I am going to stop, because we could write a book on this.

09:54:46 I just want to give you a little nibble of what we have

09:54:49 done, and also of the dos and the don'ts, and that this is

09:54:53 not something to be afraid of and it's not going to cost you

09:54:56 an arm and a leg.

09:54:58 This is going to bring back -- really, really, you will be

09:55:05 very happy with.

09:55:07 >>YVONNE CAPIN: Thank you very much.

09:55:07 And I do want to ask very quickly.

09:55:10 For instance, in the city of Dallas, the project is brought

09:55:14 forth by the city.

09:55:18 They have a public-private partnership.

09:55:21 It is the city who determines the project.

09:55:24 >> Oh, yes, very much so.

09:55:25 >> That is what the essence of what is so important about a

09:55:30 city being an EB-5 regional center.

09:55:34 >> And thank you very much, Councilwoman.

09:55:37 That is crucial.

09:55:38 That is the key.

09:55:40 The city, at the end of the day, is responsible for

09:55:43 determining the project, and whether you are going to allow

09:55:47 that project to be an EB-5 project.

09:55:51 And you do that at the internal level.

09:55:54 Assume, for example in, our case, we have a developer who

09:55:57 has a project in the city.

09:55:59 The project is being brought to the city.

09:56:02 But we are the ones that determine whether that's a project

09:56:05 we can put our name behind -- because remember, it's your

09:56:10 name.

09:56:10 And if not, then you don't take it.

09:56:13 Or you may have a project in the city, and you have got

09:56:16 someone that comes in and says, I want to develop this

09:56:19 project, and this is how I am going to do it.

09:56:22 But if the city doesn't agree, you don't take the project.

09:56:26 At the end of the day, you are the ultimate.

09:56:32 >>YVONNE CAPIN: Thank you very, very much.

09:56:34 As I said, by the team we are done with this, and with the

09:56:39 resolution that I am bringing forth, all of us will be

09:56:42 hopefully experts.

09:56:44 And thank you so much for coming all the way here and for

09:56:50 telling me -- I met Mikki through Mayor Regalado, and I

09:57:01 really appreciate it.

09:57:02 We have had conference calls and the information is

09:57:04 valuable.

09:57:04 Yes.

09:57:05 And the purpose is to bring Florida to be another

09:57:10 international, truly on the international stage.

09:57:13 We know that Miami is an international city.

09:57:16 Let's bring the rest of Florida, central Florida, the

09:57:19 economic engine, which is Tampa.

09:57:21 So I really appreciate it.

09:57:24 And the mayor, the City of Tampa, and Mr. Flynn, of course,

09:57:34 and if there's anything we can do to assist you.

09:57:36 This is not about competition.

09:57:37 This is about efforts to do the best.

09:57:40 >>CHARLIE MIRANDA: We have got 22 minutes left of this

09:57:42 presentation.

09:57:44 >>YVONNE CAPIN: Okay.

09:57:44 I want to briefly -- we have a letter, and I hope all of the

09:57:49 council members read it from USF world University of South

09:57:52 Florida, from Dr. Roger Brimley, and he specifically writes

09:57:58 about the university community seeking to become global

09:58:05 stewards and create research solutions with global impact.

09:58:08 Everyone talks about a global economy.

09:58:10 This is where we are at.

09:58:11 This is why I bring this forth.

09:58:14 And with that, I would like to introduce Nikki Capehart to

09:58:29 tell us about's office wanted us to know that they will be

09:58:36 available, and it is a federal program, and she is our

09:58:41 Congresswoman. So thank you.

09:58:42 >>> Thank you.

09:58:44 Greetings Mr. Chairman and council members.

09:58:45 And again thank you, Mr. Flynn and Mrs. Canton for your

09:58:49 insight.

09:58:50 My name is Nikki Capehart, and the Congresswoman is in favor

09:58:59 of exploring every Avenue for economic opportunity, and

09:59:02 expansion in the Tampa Bay area.

09:59:03 That is why we would like to thank Councilwoman Capin for

09:59:07 bringing up this important issue today.

09:59:11 In 1990, Congress created the EB-5 Visa program to help

09:59:15 attract job creating investments.

09:59:19 And as you said, to receive an EB-5 Visa, the investment

09:59:23 must be shown to create at least ten jobs.

09:59:28 As the Councilwoman also stated the program currently up for

09:59:32 reauthorization this year, the Senate has already passed it,

09:59:35 and it's on track to be passed by the house with the full

09:59:40 support of Congresswoman Castor.

09:59:43 This is an exciting economic development tool and it is past

09:59:47 time that our region should explore ways to attract this

09:59:50 type of investment.

09:59:52 Our office regularly helps local businesses and individuals

09:59:56 with issues dealing with federal agencies like immigration

10:00:00 and Visas.

10:00:02 We are happy to be a resource to this endeavor and create

10:00:05 regional centers for the Tampa Bay area that will attract

10:00:09 more foreign direct investment as Ms. Canton has said.

10:00:14 Please do not hesitate to contact our office for any

10:00:16 assistance for federal agencies, and again thank you, Ms.

10:00:20 Capin, for bringing this up today to talk about this.

10:00:24 >>YVONNE CAPIN: Thank you very much for being here and thank

10:00:25 the Congresswoman for her help and her guidance.

10:00:30 Next I would like to bring up Rick Holman.

10:00:36 As you may or may not know is our economic development

10:00:39 executive director, economic Development Corporation

10:00:45 Executive Director, and he comes to us from New Mexico where

10:00:52 he's the CEO and president of Tampa Hillsborough economic

10:00:56 Development Corporation.

10:00:57 Mr. Homans played a leadership for the past decade in New

10:01:03 Mexico's development efforts including major projects such

10:01:07 as Virgin Galactic, Monarch Litho, Southwest, Union Pacific.

10:01:16 He also served as Cabinet Secretary of Economic Development

10:01:20 Department and Taxation and Revenue Departments of the State

10:01:23 of New Mexico, and now he is ours.

10:01:26 Thank you.

10:01:26 >> RICK HOMANS: Mr. Chairman, counselors, I will be very

10:01:34 brief.

10:01:34 One of the things I have come to understand since being here

10:01:37 in January is we are an international community here, and

10:01:40 one of our objectives at the EDC is to attract additional

10:01:44 foreign direct investment, so we will take trade missions

10:01:48 inbound, trade missions outbound, or in pursuit of

10:01:51 attracting foreign capital and creating jobs here in Tampa

10:01:55 and Hillsborough County.

10:01:58 I will not portray myself as an expert in EB-5, but from

10:02:02 what I have been able to understand of the program and see

10:02:05 having worked in New Mexico and already seeing it work here

10:02:08 in the community with a number of projects, it seems like a

10:02:12 very effective and useful tool for us to have as we are

10:02:17 promoting Tampa and Hillsborough County and attracting

10:02:20 foreign direct investments.

10:02:22 I also think that having a focus on Tampa for the regional

10:02:27 center rather than attaching to another center in another

10:02:32 community and having Tampa people involved with it, is going

10:02:36 to ensure that we get results here in Tampa.

10:02:40 We need to focus on it in order to get the kind of results

10:02:44 that we want.

10:02:47 I can't represent to you what the best structure would be,

10:02:50 whether it's public, private, public-private, but I think

10:02:54 that we need to pursue it, we need to investigate it and

10:02:59 need to answer that question, and we at the EBC support the

10:03:05 idea of a regional center here in Tampa.

10:03:08 Thank you, Councilwoman Capin for bringing this forward.

10:03:11 And we stand ready to assist.

10:03:12 Also with our international task force that we have, that

10:03:16 Andrew McIntosh is a chairman of along with the Port

10:03:20 Authority.

10:03:21 We will be sure to get them involved and engaged in any

10:03:24 discussion going forward involving this issue.

10:03:26 Thank you very much.

10:03:31 >>YVONNE CAPIN: Thank you, Mr. Homans.

10:03:34 We have Mr. Ron Rotella the Westshore Alliance is here with

10:03:39 us.

10:03:39 And what I did when I first came back from Miami, speaking

10:03:44 with Mayor Regalado, I knew about the EB-5 regional center.

10:03:51 And I didn't know that a city could be -- and I found out

10:03:55 from the mayor that it could be, so I came back and asked,

10:03:58 why not Tampa?

10:03:59 What I did was reach out to the business community, to the

10:04:01 leaders in the community, to publicly funded area of the

10:04:09 community, and every time we spoke, it was a positive

10:04:14 feedback.

10:04:14 And I thought, well, then I will continue, and I will bring

10:04:19 this forth.

10:04:19 So thank you for being here.

10:04:22 Mr. Ron Rotella is Executive Director of the Westshore

10:04:25 Alliance business based membership organization dedicated to

10:04:28 improving the quality of life of nearly 100,000 employees

10:04:31 that call Tampa Westshore district their working home.

10:04:34 Prior to joining Westshore Alliance, Mr. Rotella served the

10:04:39 City of Tampa director of department housing inspection and

10:04:42 community service, and from 1995 to 2003 served as special

10:04:47 consultant to Tampa mayor Dick Greco.

10:04:51 He is president of the Westshore Community Development

10:04:52 Corporation, a nonprofit corporation focused on providing

10:04:58 affordable workforce housing in Westshore and is a member of

10:05:02 the Board of Directors of the greater Tampa Chamber of

10:05:04 Commerce.

10:05:05 Thank you for being here.

10:05:08 >>RON ROTELLA: Thank you, Councilman.

10:05:10 You have a letter of support that was approved by my

10:05:15 Executive Committee that we sent to you on August 22nd.

10:05:24 Support the City Council and the administration pursuing the

10:05:26 EB-5 program.

10:05:27 There's something we noticed, and it's not just germane to

10:05:30 the City of Tampa.

10:05:31 It's Hillsborough County, it's the State of Florida, it's

10:05:34 the Federal government.

10:05:36 Revenue is down.

10:05:36 Gas tax revenue is down.

10:05:38 Ad valorem taxes are down.

10:05:39 Utility taxes we used to get to fund capital projects are

10:05:43 down.

10:05:44 And, as you know, we are doing a master plan of the

10:05:46 Westshore business district.

10:05:49 And we are focused op on the public realm.

10:05:52 What will be absolutely critical is how we provide the

10:05:56 financing to fund these projects.

10:05:58 We can't look to the city with declining revenue so we have

10:06:04 to look at creative ways to implement the master plan.

10:06:09 That's why we support this, because we view it as another

10:06:14 option that the city, not the Westshore Alliance and not a

10:06:18 developer, thinks is a good project, but that the city

10:06:21 determines is a good project that's consistent with this

10:06:26 comprehensive plan, that creates jobs, that will further

10:06:28 economic development, so that's why we support it.

10:06:32 The other thing I recognized probably more than most, I used

10:06:37 to work in the mayor's office, is council's role is to

10:06:42 determine if this is a federal program that is worth

10:06:48 pursuing.

10:06:49 Whether it's a concept you want to move forward.

10:06:54 But then once council makes that determination, that in my

10:07:00 opinion, and I think the administration then steps forward

10:07:03 and works with business leaders and with the economic

10:07:07 Development Corporation and comes back to City Council with

10:07:11 a way to implement the program.

10:07:13 So we would look forward with assuming council makes a

10:07:18 decision, let's pursue this, and why wouldn't we, then we

10:07:22 would see us working with the administration to come back to

10:07:25 council with a program that makes sense.

10:07:27 Thank you.

10:07:30 >>YVONNE CAPIN: Thank you.

10:07:32 And I am looking.

10:07:34 That concludes.

10:07:36 Dr. Chowdhari could not be here.

10:07:41 He had an emergency call.

10:07:42 So that concludes our presenters.

10:07:44 If you have any questions at this time, this would be a good

10:07:48 time.

10:07:49 I will just interject, the editorial staff of the Tribune on

10:07:58 my op-ed piece, this part was in there and I am going to

10:08:03 read it quickly.

10:08:07 Dallas pursued this model because the public-private model,

10:08:11 because the city felt lead leaving it to private industry

10:08:16 would not effectively capitalize on the public economic

10:08:19 development benefits provided by the EB-5 program.

10:08:24 Dallas also felt it is important to use the public-private

10:08:28 model to ensure due diligence was completed to minimum risk

10:08:33 to the foreign investor, and thus attract more investors.

10:08:38 That was in my piece and was not there.

10:08:41 And I thought it was very important how and why Dallas chose

10:08:45 to be an EB-5 regional center.

10:08:48 If there's any questions.

10:08:50 >>CHARLIE MIRANDA: Any questions by council members?

10:08:51 Any comments?

10:08:53 From left to right.

10:08:54 Mr. Cohen.

10:08:55 Ms. Mulhern.

10:08:57 Mr. Reddick.

10:08:59 Let me say this.

10:09:02 Comments were made about the mayor of Miami not

10:09:08 understanding.

10:09:09 How do you think we feel?

10:09:10 Then there's a resolution to be passed that I have doubts

10:09:12 myself of why I should pass something that I fully don't

10:09:16 understand based on the facts that have been presented.

10:09:20 I have had a 45 to 50-minute conversation here one way, and

10:09:24 with no dialogue.

10:09:26 Questions that come up is this.

10:09:30 Is the real purpose of this about the investment or is the

10:09:33 real purpose of this about getting someone to get a green

10:09:36 card?

10:09:37 I think they go hand in hand.

10:09:39 When you look at the world and the amount of people that

10:09:41 want to come to these United States, the richest country in

10:09:45 the world, and also the country that's most in debt, and

10:09:49 also the country has failing infrastructure, all of the

10:09:52 cities, so what do I say?

10:09:59 I don't want to offend anybody, but you all know me well.

10:10:02 It doesn't matter to me if I offend you or not.

10:10:05 I am going to tell you how I feel.

10:10:07 And I am very direct when I make these statements.

10:10:09 When you look at unemployment in all the cities that were

10:10:13 discussed, Miami, Dallas, so forth and so on, how does it

10:10:16 compare with Tampa?

10:10:19 I'll bet if you do a study, they are equal, because when you

10:10:23 run out of food, no one eats.

10:10:25 When you have unemployment, all suffer.

10:10:29 When you look at the different things in the cities and you

10:10:32 look -- also statements were made about building a tall

10:10:35 building as high or bigger than the Empire state building.

10:10:38 I don't know what that downtown in Miami is of unoccupied

10:10:44 spaces.

10:10:45 But compared to Tampa, tell me what it is.

10:10:47 This is a question for the media to answer.

10:10:49 I don't have this kind of staff.

10:10:52 Compare this situation with the City of Tampa, this city, to

10:10:55 meet its obligation not only on a daily basis but long-term

10:11:00 through retirement programs of the good people that work

10:11:02 here, compare that to Miami.

10:11:05 And give me the answer.

10:11:06 I already know the answer.

10:11:10 I am letting you tell me.

10:11:11 Compare all that with any city in the country.

10:11:14 Compare a bond rating and debt rating to the cities that

10:11:18 were mentioned.

10:11:20 If you really want to do what we say we want to do, I'm for

10:11:25 change.

10:11:25 I'm for helping people.

10:11:26 You know what?

10:11:28 Let's have the system say this -- you give this city a

10:11:32 million dollars, cold cash, let the federal government find

10:11:36 out who you are, where the money came from, make sure it

10:11:40 wasn't from child labor or any other stuff, bring it in, not

10:11:44 drug money, either, illegal, and then you give me that money

10:11:50 for infrastructure, and guess what we'll have, the best city

10:11:53 in America, because we'll have water supply for the next

10:11:59 hundred years, for water use, perfectly paved roads all over

10:12:03 the city which we are in dire need of, you will have

10:12:06 sidewalks everywhere, you will have bicycle lanes where

10:12:09 people can ride, you have everything in place that would

10:12:11 make this the icon of the world to look at.

10:12:15 But we don't do that.

10:12:16 We go around another Avenue.

10:12:18 And I'm not talking about council members.

10:12:20 I say we meaning the world.

10:12:22 When you look at green cards and you look at immigration --

10:12:26 I'm not an expert in none of these areas but I can speak to

10:12:29 you from my heart.

10:12:30 So what I'm saying to the world is, listen, Haiti, listen,

10:12:34 Nicaragua, listen Mexico, Colombo, Venezuela, Brazil, listen

10:12:42 Argentina -- I can name them all, all of you that are in

10:12:47 these countries.

10:12:49 Your list has gotten a little longer because now we put

10:12:52 somebody on the top for half a million or a million dollars

10:12:54 to take your place coming to America.

10:12:56 I'm not saying that's right.

10:12:57 I'm not saying that's correct.

10:12:59 But when you get a green card, that's the envy of the world.

10:13:06 People are dying and crossing great lengths of water to come

10:13:11 here, and at most times fail.

10:13:16 And we are saying that with this, we can say we talked about

10:13:22 making an application, that all of us were not accepted.

10:13:26 I guess to the USCIS.

10:13:28 At what cost?

10:13:30 One mentioned the cost.

10:13:31 There was a number mentioned in the beginning of the program

10:13:33 about 200 or 300,000. I don't think if that's the cost to

10:13:36 apply.

10:13:38 It's convoluted to the point that information to pass a

10:13:43 resolution has to be going forward, and a paper saying here

10:13:51 is what it is, if you want to join this club, you join in

10:13:54 this fashion.

10:13:55 When you look at Dallas, and you look at Tampa, when you

10:14:00 look at the fourth largest state in the United States, when

10:14:05 you look at the diversity that this state has, I would

10:14:09 imagine it has more diversity than any state in the country.

10:14:14 I was just in Miami this weekend.

10:14:18 One street with two or three names, they have 20 streets

10:14:21 with four names.

10:14:22 I didn't know if I was going east, west, south or north.

10:14:25 And nothing against Miami.

10:14:28 But I'm not prepared to vote on something I don't know.

10:14:36 You know, I studied one contract for about eight months, and

10:14:39 I wore black for about six months.

10:14:44 There is no contract here to pass.

10:14:46 There is no understanding agreement.

10:14:50 There is very little that I know of -- and I'm just speaking

10:14:53 about me -- to have these things done.

10:14:56 So if somebody wished to make an application to the federal

10:14:59 government, I would imagine that's how it's handled, through

10:15:03 the immigration people and homeland security -- then these

10:15:07 things have to be done in conjunction with the amount of

10:15:10 money.

10:15:10 If they want to give straight money to a city, is America

10:15:16 really for sale?

10:15:17 Or is it in foreclosure?

10:15:18 I don't really know.

10:15:24 I am not up to par on the limited information that I got

10:15:28 today for me to vote on any resolution.

10:15:32 I don't know what the administration is going to do.

10:15:35 When this passes this chamber, if it does, and it goes to

10:15:39 the other side, they can sit on that desk for eight years.

10:15:43 I don't know.

10:15:45 I don't know if due diligence was done with the other side,

10:15:49 with I is the most powerful, strongest side, and that's why

10:15:52 we have a strong mayor form of government.

10:15:55 I don't believe Miami has that form of government.

10:15:58 I'm not certain.

10:16:02 But it's incumbent upon the media to explain to us, all of

10:16:07 us, when you start making comparisons between different

10:16:09 cities and these United States, and you start putting us in

10:16:13 competition, then you start looking for problems.

10:16:17 When you start looking at these things, focus on the facts.

10:16:21 I don't have a diagram of what the unemployment is in all

10:16:24 these cities.

10:16:24 I really don't.

10:16:26 I don't compare Tampa with anything but Tampa itself.

10:16:30 I know one thing.

10:16:32 If I am selling pencils and I am manufacturing pencils, and

10:16:35 I have sold 10 billion pencils everywhere in the world, and

10:16:41 their inventory is full, I am not going to sell too many

10:16:44 pencils in the future.

10:16:45 I have got to retool and start manufacturing something else.

10:16:48 That's what's happened to us.

10:16:50 When you have a credit card, that's at the limit, you can't

10:16:56 buy too much.

10:16:57 That's what's happened to us.

10:16:59 When you have foreclosure, because people got them, 500,000

10:17:06 on a 50,000 salary, it doesn't work.

10:17:08 It goes into foreclosure.

10:17:11 I'm not saying this is right or wrong.

10:17:12 I'm saying I don't have enough information.

10:17:15 The mayor of Miami said that.

10:17:17 The first speaker said that.

10:17:19 So I'm not prepared.

10:17:22 My vote, if it comes up on this resolution, I am going to

10:17:24 vote no.

10:17:25 And I'm voting no because I don't have the information.

10:17:30 And let the administration weigh in.

10:17:32 The City Council has a lot of strength and a lot of juice, a

10:17:35 lot of power.

10:17:36 But most of the electricity is generated in the next

10:17:39 building.

10:17:40 They run the generators.

10:17:42 We are just the wires that serve the people.

10:17:47 So when that happens, let the administration weigh in on it,

10:17:51 let them make a presentation in conjunction with all you

10:17:53 good people.

10:17:54 I don't know if this is factual.

10:17:56 I don't know if this is workable here.

10:17:57 I don't know how much money it takes.

10:17:59 Not only is the initial investment but the investment

10:18:01 long-term where you have to keep supporting the regional

10:18:05 center.

10:18:06 And I don't know what that costs.

10:18:09 I don't know who is going to manage it, I don't know how to

10:18:12 runt, I don't know how many employees you are going to have

10:18:14 there.

10:18:14 I don't know all those things.

10:18:16 It's incumbent to understand that when these things happen

10:18:20 we must have all the facts presented before us before I vote

10:18:25 for resolution.

10:18:28 And I'll stop there because the time, I don't want to go

10:18:31 past my time.

10:18:32 I have a lot of things on the council calendar.

10:18:34 Mr. Suarez and Ms. Mulhern.

10:18:36 >>MIKE SUAREZ: I have a question.

10:18:38 I think Mr. Flynn would probably be the best person to

10:18:40 answer this, if you could.

10:18:42 The question I have is, we know about the investigate

10:18:44 process specifically from homeland security in terms of

10:18:49 moneys that come from governments that we may not want to

10:18:53 deal with, other things like that, the U.S. government has a

10:18:56 list of those governments that we do not want to trade with,

10:19:00 we do not want to deal with, but what happens when someone

10:19:03 comes in and does the investment?

10:19:05 Let's say they go through the vetting process, everything

10:19:08 seems to be fine on the front end.

10:19:10 They promise to create X number of jobs.

10:19:12 What happens if those jobs go away within a very short

10:19:15 period of time?

10:19:16 The reason I'm asking is that we have had situations here --

10:19:20 and I know of one particular situation, not as a City of

10:19:22 Tampa, but here in Florida -- where a foreign national came

10:19:27 into Florida, received incentives, an EB-5 designation, then

10:19:36 moved out of the State of Florida into a different state.

10:19:38 That person kept their EB-5 designation.

10:19:41 They stayed here in the U.S., and they now own the building

10:19:44 in which they are in, which they also have gotten incentives

10:19:48 from the State of Florida.

10:19:49 Now, having said that, what happens once you get that

10:19:52 EB-5 -- excuse me, once you get your green card for you and

10:19:56 your family, that is irrevocable?

10:20:01 Or how does that work?

10:20:03 >> Mr. Suarez, that's a very good question.

10:20:05 What the investors did is a two-year conditional resident

10:20:09 status.

10:20:10 And the investor is required to remove the condition between

10:20:13 months 21 and 24, just before the two-year point.

10:20:17 So it's a critical issue that the jobs are still there and

10:20:21 the investment is still there.

10:20:22 For example, when we are giving a presentation I mentioned

10:20:27 things like redemption agreement whether the guaranteed

10:20:29 payback are looked on with favor.

10:20:31 You can't do that.

10:20:32 But the key things for the developer, and anyone -- needs to

10:20:39 be a sustainable project that's going to be around and the

10:20:42 jobs will be around, and as an aside, sometimes real estate

10:20:45 driven projects in stages can be an issue because you may be

10:20:49 in between the phases when you come up to remove the

10:20:51 conditions.

10:20:52 Probably resolvable issue.

10:20:54 But it's a conditional resident concept that I think would

10:20:58 be the protection here.

10:21:00 >>MIKE SUAREZ: And after that two-year, 24-month period,

10:21:04 there is no recourse after that point, correct?

10:21:09 >> Not unless there's fraud.

10:21:10 >>MIKE SUAREZ: All right.

10:21:12 And obviously -- how careful are they in terms of checking

10:21:16 for that particular type of situation, that type of fraud?

10:21:21 >> The vetting process is unbelievably strict.

10:21:24 In M.A.P. fact, my hair color was symptomatic of how strict

10:21:27 it is.

10:21:27 >>MIKE SUAREZ: I happen to like your hair color.

10:21:33 >>CHARLIE MIRANDA: I happen to like your hair.

10:21:36 [ Laughter ]

10:21:38 >> I rest my case.

10:21:39 >>MIKE SUAREZ: The reason I'm asking is because the

10:21:44 situation I just mentioned is a two-year period and they

10:21:48 left after two years.

10:21:50 That's what gives me a little bit of pause in terms of the

10:21:52 program itself.

10:21:53 I don't have a problem with the program, EB-5 program, and

10:21:57 what that means for investment into our city and our county

10:22:01 and our state.

10:22:03 What I really have a problem with is whether or not they

10:22:05 will stay here for a longer period of time, because

10:22:09 investment can dry up pretty quickly.

10:22:11 And if they are the key partner in a particular industry, a

10:22:15 particular business, or particular development, I don't want

10:22:19 to see a situation where we have either a half built or

10:22:26 mostly built facility that is not going to be used, and now

10:22:29 we have a problem.

10:22:30 I think you probably have more of a situation like that

10:22:34 happening with real estate development than you would have

10:22:39 with, let's say, manufacturers or some other areas.

10:22:41 But still, that gives me a little bit of pause.

10:22:44 And in another situation that happened a few years back,

10:22:48 probably about 14, 15 years ago, Solomon and brothers had

10:22:52 come down to the county and built a huge facility out in the

10:22:56 county area, and they were gone within probably two years.

10:23:02 Another U-85 or foreign investment, but they came in, they

10:23:09 promised a lot of Jones jobs, they didn't deliver, they went

10:23:12 bankrupt, essentially, and so we are stuck with a huge

10:23:16 building that's out in the county area that then had to be

10:23:18 filled.

10:23:19 Thankfully that's been done.

10:23:20 But again it's one of those situations where you don't want

10:23:23 to be in that relationship that then causes problems later

10:23:30 down the road, further down the line.

10:23:32 And that's why I wanted to find out about what does that

10:23:35 mean in terms of their green card and their status after a

10:23:38 certain amount of time.

10:23:39 So after two years, we are done, they have got it, they are

10:23:43 fine, there's no re-look at that application, it is

10:23:50 essentially --

10:23:52 >> From the immigration standpoint, that's correct.

10:23:54 There's no re-look.

10:23:56 >> That's what I needed to get answered.

10:23:58 >>CHARLIE MIRANDA: Mrs. Mulhern and Mrs. Capin.

10:24:01 >>MARY MULHERN: Thank you.

10:24:03 These are good questions.

10:24:04 And I think that the resolution is an attempt to have a task

10:24:10 force at no cost to us.

10:24:13 I guess that's my first question.

10:24:14 We are just talking about having a citizens task force bring

10:24:19 back data for us to examine it.

10:24:22 So I have no problem with that.

10:24:24 But I think that some of the questions that are coming up

10:24:30 should be some of the questions that get answered.

10:24:34 From a task force, especially, you know, the data showing

10:24:39 what these different EB-5 programs in different areas, how

10:24:44 many jobs have they created?

10:24:46 Have they been permanent?

10:24:48 Are people leaving?

10:24:50 And I think I share philosophically Chairman Miranda's

10:24:58 question about whether you should be able to buy a green

10:25:00 card when there are other people trying to become citizens,

10:25:03 and so I guess I don't know how you answer this question.

10:25:06 But as you are giving these Visas or green cards to these

10:25:15 EB-5 people, is that just an additional number of immigrants

10:25:22 that we are allowing here?

10:25:31 >>YVONNE CAPIN: Mrs. Canton can answer that if you wish.

10:25:33 >>> Yes, these questions you are bringing up are questions

10:25:35 that we had to very closely examine.

10:25:38 Number one, each category has an allocated or allotted

10:25:44 number of Visas.

10:25:45 So to the first question, the EB-5 category has 10,000

10:25:50 Visas.

10:25:52 Of those 10,000, only 3,000 can go to the EB-5 regional

10:25:56 center project.

10:25:57 So those Visas are totally independent of any other Visa

10:26:02 category.

10:26:02 >>MARY MULHERN: So that's what we have right now.

10:26:07 Those are the numbers there.

10:26:08 10,000 --

10:26:10 >> 10,000 goes to the EB-5 project.

10:26:13 Remember, the EB-a 5th Visa is for very high level

10:26:17 investment.

10:26:18 This is a category in and of itself.

10:26:20 It has nothing to do with the categories of other people who

10:26:23 are waiting in line.

10:26:26 >>MARY MULHERN: That's per year, every year, 10,000?

10:26:29 >> Correct.

10:26:30 >>MARY MULHERN: Are those quotas getting filled?

10:26:35 >> No, sometimes not.

10:26:36 And that's the key. Only get that type of Visa if you

10:26:39 qualify.

10:26:39 It's not going to take the place of anybody else who is

10:26:41 waiting for a Visa in different categories.

10:26:45 Students, a professional that's coming into the United

10:26:47 States as a sole type of source.

10:26:50 Totally different.

10:26:53 That's all they get.

10:26:55 And on the second question, to your question, sir, remember,

10:26:59 when the city goes through the process of vetting that

10:27:02 developer, that investment, you enter, once that's approved,

10:27:07 there's a rigorous process where the city has to enter into

10:27:10 some kind of memorandum of understanding with that

10:27:14 developer.

10:27:14 Not the investor.

10:27:15 Remember the investor is just the person that's putting in

10:27:19 his money. If that development goes south, the investor has

10:27:22 lost his money, you see.

10:27:24 So it's not that the investor puts your money into that

10:27:27 project.

10:27:28 It into the developer.

10:27:29 And remember, development is one area.

10:27:31 You are talking medical tourism.

10:27:33 You are talking tourism.

10:27:34 You are talking tons of areas.

10:27:36 Everybody thinks of development, you know, real estate

10:27:38 projects and all that, because that's what's going on.

10:27:42 But that developer has to enter into a very tough agreement,

10:27:46 just like you enter into an agreement with developers on

10:27:49 other matters.

10:27:51 And if they break it, you can put terms in there where you

10:27:56 have all kinds of avenues of getting your money.

10:27:58 I mean, you would handle it just like you would any other

10:28:01 project that is in the developer business of the City of

10:28:06 Tampa.

10:28:07 I want to make sure that we clarify that.

10:28:10 Besides, the interesting thing about the EB-35 is that the

10:28:14 investor, the person who comes in with the million dollars,

10:28:17 or as I said in the targeted employment area, 500,000, that

10:28:21 investor doesn't even have to live in Tampa.

10:28:23 That investor can live anywhere they want in the United

10:28:25 States.

10:28:26 So it's really their investment.

10:28:30 They are the one ones putting money into your hands and that

10:28:33 is why it's so important for the city to invest that

10:28:39 project, you are going to allow to use your regional center

10:28:43 because that's what you are doing.

10:28:44 You are letting that project use your regional center

10:28:46 category.

10:28:47 So that's the difference right there.

10:28:49 I don't know if that's clear.

10:28:51 But there's always a ring.

10:28:53 But the risk is not necessarily a user risk.

10:28:55 The bigger risk is to the investor because a lot of these

10:28:58 people, you know, they are not all billionaires and

10:29:01 millionaires.

10:29:02 Some of these people save a lot of time to come up with a

10:29:06 million dollars or 500,000 and that's all they have got.

10:29:09 And if they lose that savings and then they lose their green

10:29:11 card conditional status, they go back home and they have

10:29:14 lost it.

10:29:14 That's why the homeland security and the USDIS is so very

10:29:20 careful.

10:29:20 And that's why they love to work with government as opposed

10:29:24 to a private EB-5, simply because they feel the government

10:29:27 is going to protect them.

10:29:33 >>CHARLIE MIRANDA: Mrs. Capin?

10:29:35 >>MARY MULHERN: I wasn't finished.

10:29:36 Thank you for answering that question.

10:29:37 I guess I will support this resolution with the request that

10:29:45 you come back with basically this number.

10:29:48 That's what I want to know, and really the one thing that

10:29:51 wasn't really clear -- I'm not asking for an answer now, but

10:29:55 if the task force is formed and then comes back, what is the

10:30:00 expectation of our local government, the city economic

10:30:06 commitment to this?

10:30:08 I mean, when you talked about -- I know we heard 200 to

10:30:12 $300,000, but then we heard a whole list of people that we

10:30:15 would need to have involved in getting this started.

10:30:20 So just want to see numbers, you come back with some

10:30:26 numbers.

10:30:27 >>CHARLIE MIRANDA: Ms. Capin.

10:30:29 >>YVONNE CAPIN: Just real quick to Councilman Mulhern, in

10:30:32 that 2 to 300 is included in the economist.

10:30:35 That is a number, 6,000, I'm not sure of the exact, $6,000

10:30:43 is the application fee to the U.S. citizen and immigration

10:30:50 office.

10:30:50 And to answer another question about buying green card and

10:30:57 there's people waiting in Mexico and all those on the places

10:31:00 that Chairman Miranda mentioned, have you read my OP-ED

10:31:05 piece both those answers would have been there.

10:31:07 There is -- they do not leapfrog anyone.

10:31:12 There are different quotas.

10:31:13 There's a quota, different quota for different countries.

10:31:18 This is set up just for this investment.

10:31:21 It has nothing to do.

10:31:23 They do not leapfrog anyone.

10:31:25 And the third person that got a green card in this city was

10:31:29 Vincent Ybor when he invested in our city.

10:31:33 If we -- I have to tell you, time is value and we should be

10:31:41 proactive rather than hope to be discovered.

10:31:44 And that's what I'm trying to move here.

10:31:49 And the resolution is exactly -- thank you, Ms. Mulhern, for

10:31:53 reading the resolution and understanding it.

10:31:55 The resolution is stating that we want to look at this, at

10:32:01 this EB-5, the City of Tampa becoming an EB-5 regional

10:32:05 center, and we want to appoint a task force to come back in

10:32:11 January, over 120 days, and I have named someone to be the

10:32:18 lead, and to be able to put together this group of

10:32:22 volunteers, an independent group to be able to come back to

10:32:28 us with those numbers, and at that point we can decide if

10:32:37 really the structure if this goes forward, the structure is

10:32:42 what the administration does.

10:32:44 And the administration, if this passes here, and the

10:32:47 administration sits on it for eight years, shame on the

10:32:50 administration.

10:32:53 If we stand here, we are going to be standing at the station

10:32:59 watching the train leave, because Orlando as our own

10:33:05 economic development director said at our workshop is

10:33:08 applying for EB-5 regional center and they have included

10:33:11 Tampa in their region.

10:33:13 Do we want to -- we do not have -- the City of Tampa and the

10:33:20 city of Orlando have different interests, different needs.

10:33:29 Therefore, I believe that the City of Tampa, who is the

10:33:32 economic engine of central Florida, and a leader, should

10:33:37 lead.

10:33:37 And what you are comparing and what you are looking at is

10:33:40 1950s Tampa, and we are in the 21st century.

10:33:44 And city after city, city, states have adopted this.

10:33:51 The numbers are there.

10:33:52 The studies are there.

10:33:54 Let the task force go forward and look at it and come back

10:33:59 to us so that we can determine if this is what we need to

10:34:05 have here in Tampa.

10:34:06 I believe it is.

10:34:09 Because really, I could sit here at City Council and just

10:34:13 pass -- look at the zoning ordinance after zoning ordinance,

10:34:17 and land uses, and not do anything, because this really is a

10:34:22 lot of work.

10:34:26 But I feel that it is important, as I did, when I brought

10:34:31 forth the domestic partner registry, I felt this puts our

10:34:35 city in a league that is international.

10:34:41 If you bothered to read the letter from the University of

10:34:43 South Florida world initiative, you would see they are very

10:34:52 much in favor of this.

10:34:53 This would put us along -- it a tool in our tool box to lead

10:34:58 us in the international stage.

10:35:01 Everyone talks about the global economy.

10:35:04 Guess what.

10:35:04 We are not competing with another city.

10:35:06 We are competing with the world.

10:35:09 That's what we are competing.

10:35:10 And until we take the blinders off, and -- we need to look

10:35:17 at it, and we are willing to at least put together a task

10:35:20 force to come forth and give us numbers, give us data, we

10:35:28 didn't even want to buy a ticket.

10:35:37 Some of this is amazing to me.

10:35:39 And when looked at, for instance, the $500,000, which is

10:35:43 targeted employment areas, we have those in our city.

10:35:50 And there was an article in "The Tampa Tribune" on Tuesday.

10:35:55 It talked about the CRAs.

10:35:58 It talked about the problem that we are having, because we

10:36:02 do not have the income coming in to support those CRAs.

10:36:07 Yet every one of those people that leads the CRAs talked

10:36:12 about development, how it could be helped.

10:36:15 This is a tool.

10:36:17 That's all that it is.

10:36:23 I would like to move the resolution.

10:36:31 >>CHARLIE MIRANDA: We haven't finished this discussion yet.

10:36:33 And I will speak since my name was mentioned.

10:36:36 Mr. Reddick.

10:36:36 >>FRANK REDDICK: Thank you, Mr. Chair.

10:36:41 It's always a good time to have a donut this time of

10:36:44 morning.

10:36:45 [ Laughter ]

10:36:46 With or without the hole.

10:36:52 I just want to say, I have one question first, and that is,

10:36:57 have we gotten any type of feedback from the administration

10:37:00 pertaining to this EB-5 program?

10:37:07 Has the administration taken any position on this?

10:37:09 >>BOB McDONAUGH: Bob McDonaugh, economic unto the.

10:37:17 Yes, we have been looking into it.

10:37:18 Just a couple of clarifications.

10:37:20 This money, it's not a gift.

10:37:22 There are investments that people expect a return of, and

10:37:25 return on.

10:37:26 And something near and dear and close to my heart is our

10:37:31 historic courthouse.

10:37:32 And the equity is being provided by EB-5 investments in the

10:37:36 courthouse.

10:37:38 We have investments in our enterprise zones already through

10:37:42 EB-5.

10:37:43 So it is not as if we are a desolate wasteland that people

10:37:49 are not aware of investing in our community.

10:37:50 And certainly we are willing to take a look at different

10:37:54 forms of what would be the best way to continue to attract

10:37:57 foreign investment in our community.

10:38:01 There's lots of ways to skin the cat.

10:38:03 One of the things that rears its head when the conversation

10:38:08 comes up is when we align our city's name with these

10:38:13 investments, and something goes awry because we are adding

10:38:16 our credibility, people oftentimes look to that community

10:38:20 and say, well, you endorsed this.

10:38:23 And so, yes, we are looking at it, short answer.

10:38:29 It is something that we really do need to spend some time

10:38:31 looking at the upside and down side.

10:38:33 But, yes, I'm dealing with EB-5 investors right now, and we

10:38:37 certainly encourage people to invest in our community.

10:38:39 >>FRANK REDDICK: Thank you.

10:38:43 Now, Mr. Chair, I had the opportunity to read this

10:38:46 resolution while I was sitting here going through this

10:38:49 discussion, and one thing that stood out to me in section 2

10:38:53 of the resolution was I have a problem with, and no

10:38:57 disrespect to Mr. Flynn, but it bothered me that as an

10:39:05 elected official, member of this body, that we are going to

10:39:09 give -- appoint a committee to represent us as a council,

10:39:22 and we don't have any say-so in the people he appoints.

10:39:26 And that's bothered me, because if you are going to hold me

10:39:33 responsible for the people you choose that's doing this

10:39:37 committee, then I should have some say-so in who you

10:39:40 appoint.

10:39:42 So I cannot support this resolution the way it's written,

10:39:54 but you choose the people that serve on the committee.

10:39:57 And just to grant you that power oh are authority as a

10:40:00 private citizen over the elected body, and we aren't

10:40:10 responsible for those sitting on the committee because you

10:40:12 are representing the City Council.

10:40:13 City Council is not representing you.

10:40:15 You are representing us.

10:40:18 And we are responsible for those people that you elect --

10:40:22 that you choose to put on that committee.

10:40:26 Now, once you go and put some of your corporate friends on

10:40:35 there, we are responsible for those people.

10:40:38 And if I am going to be responsible -- and this is my

10:40:43 problem -- if I am going to be responsible, then I adopt

10:40:46 think the private citizens should be the ones choosing who

10:40:51 serves on this committee.

10:40:52 And this is why I have a problem on this section 2.

10:40:55 And I cannot support it.

10:41:03 >>CHARLIE MIRANDA: Thank you, Mr. Reddick.

10:41:06 Mr. Cohen.

10:41:07 >>HARRY COHEN: Well, I found the whole discussion this

10:41:14 morning very interesting.

10:41:15 And where I am on this is that I know that there's a lot

10:41:21 more that I need to know.

10:41:23 So I am certainly going to support the concept of looking

10:41:28 into this further.

10:41:30 Whether or not the resolution might need to be tweaked to

10:41:37 satisfy certain council members' concerns about different

10:41:41 aspects of it, it certainly something that we can discuss.

10:41:44 But I liked the idea of having a task force report back to

10:41:48 us with more facts so that we can move forward with a larger

10:41:55 body of material on which to make a final judgment.

10:41:59 So I just want to say for the record that I support the

10:42:02 concept of looking at this further, and that I think it's

10:42:07 something that definitely merits more discussion and more

10:42:11 examination.

10:42:14 >>CHARLIE MIRANDA: Just a second, Mr. Suarez.

10:42:17 That was first go-around.

10:42:18 Since my name was mentioned I will address some of the

10:42:21 questions that were raised.

10:42:22 My esteemed colleague made some statements about the

10:42:25 chairman didn't read the work.

10:42:27 I don't know what evidence that esteemed member has, but

10:42:30 anytime that esteemed member wants to debate me on that

10:42:33 issue, come forward.

10:42:35 That's number one.

10:42:36 Number two, that esteemed council member stated that Vincent

10:42:42 Ybor got a green card because he invested in Tampa.

10:42:46 I'm confused because the general public, the young lady from

10:42:51 Miami, from if T mayor's office, spoke about this process

10:42:54 being in effect for about 20 years.

10:42:59 I don't think the cigar factories started here just 20 years

10:43:02 ago.

10:43:03 It was a long time ago.

10:43:06 I don't know what the green cards were.

10:43:08 They might have been purple at that time when he came.

10:43:12 And these are the things that this resolution was given to

10:43:17 us a little after 9:00, two or three minutes after.

10:43:21 No problem with that.

10:43:24 This council members, all of us, have a problem if we don't

10:43:31 have things to look at for some period of time.

10:43:33 The question I am going to pose to the committee, I don't

10:43:35 know the council members you all met with.

10:43:37 You certainly didn't meet with me.

10:43:39 Not that I'm special.

10:43:40 I'm not.

10:43:40 But at least I would be much better informed.

10:43:42 I don't know if other council members had the opportunity to

10:43:44 meet with you collectively.

10:43:46 I don't know that answer.

10:43:48 Only you can answer that.

10:43:49 So what I'm saying is, if we are going to apply our

10:43:53 standard, without being written -- and they should have been

10:43:56 informed -- these are the things that I am not prepared to

10:44:00 vote on.

10:44:00 And I said that in the opening statement, that these are the

10:44:04 facts, that I am not prepared to vote on something that you

10:44:08 know much more about it an we do.

10:44:10 And that's why I will not support it.

10:44:13 Simple for that.

10:44:14 But I yield to Mr. Suarez, second go-around.

10:44:17 >>MIKE SUAREZ: Thank you, Mr. Chair.

10:44:19 Mr. Reddick and it was reiterated, but Mr. Cohen brought up

10:44:23 an issue, and it brought up a question in my mind, too,

10:44:27 which is, do we need a resolution to appoint a task force to

10:44:34 look at a particular issue, since we are pointing one

10:44:40 individual to then name all the on the individuals on the

10:44:43 task force?

10:44:44 I mean, I do think that there is kind of a little bit of a

10:44:48 disconnect in terms of why are we putting together a task

10:44:50 force that we are not either naming the members or at least

10:44:53 approving the members that have been selected by Mr. Flynn,

10:44:56 let's say.

10:44:57 So I think that there's a real issue there, and I would like

10:45:01 to ask Mr. Shelby to answer that question, because again it

10:45:04 is a resolution that's saying that we are having a task

10:45:07 force that is appointed by City Council, section 2

10:45:12 essentially says that is incorrect, we are not pointing the

10:45:15 members, we are just allowing Mr. Flynn to go ahead and put

10:45:18 the membership together.

10:45:19 So I just want to make sure in terms of the legality of it,

10:45:23 in terms of what we typically do.

10:45:25 And I know on the advisory committees, we usually appoint

10:45:27 and approve, and if the language is just a little different

10:45:32 than what we are used to so I want to be sure we get a point

10:45:35 of order from Mr. Shelby about the particular issue.

10:45:38 >>MARTIN SHELBY: You raise a very good question.

10:45:44 Normally when you want to create something, and give it

10:45:49 weight, my recommendation is to put in the writing in the

10:45:50 form of a resolution rather than in the form of a motion

10:45:53 which ends up in an action agenda.

10:45:56 So, yes, and therefore, it also helps to create within the

10:46:02 whereas clause, within the section, the purpose in what your

10:46:06 intention is so council is very clear in determining what

10:46:09 your intention is.

10:46:10 So it's memorialized that when the task force does come into

10:46:13 being it has something to govern it.

10:46:19 You are right in that it is unusual in City Council's

10:46:23 processes up until this point that it in effect delegates

10:46:27 one to form a task force.

10:46:35 But however you want to structure this task force is

10:46:39 council's discretion.

10:46:40 If council members have issues with it, certainly you can

10:46:44 structure it in any way.

10:46:45 The only thing that one would need to recognize is the fact,

10:46:53 using that term, fact-finding task force, and that is a

10:46:56 distinction with a very significant difference.

10:47:00 That is that it just being a fact-finding task force, and to

10:47:05 report its findings back to council does not make it a

10:47:08 sunshine board.

10:47:09 It is not required to be noticed, it is not required to have

10:47:14 public meetings, it is not required to have minutes taken,

10:47:19 and importantly what it does is it allows individual members

10:47:23 to communicate with each other in the course of finding

10:47:27 these facts and networking with each other and not be bound

10:47:31 as you would know by personal experience by the sunshine

10:47:35 law.

10:47:37 >>MIKE SUAREZ: Let me ask you a specific question based on

10:47:39 what your answer was, which if in section 2 we put having is

10:47:43 the same but added a line after organized by Mr. Flynn and

10:47:48 approved by City Council, the members approved by City

10:47:50 Council, that still would not make it a sunshine board,

10:47:53 correct?

10:47:54 >>MARTIN SHELBY: That's correct.

10:47:55 >>MIKE SUAREZ: And I understand the reasoning why not to

10:47:58 make it a sunshine board, so that he can get the right

10:48:00 experts to be able to interact and communicate in order to

10:48:04 bring back information only.

10:48:07 >>MARTIN SHELBY: Yes.

10:48:08 >>MIKE SUAREZ: Sew so I don't have any problem with the

10:48:10 board itself as a friendly suggestion to my colleague.

10:48:13 I might suggest that we do that so that I think you might

10:48:16 get a lot more, you know, folks involved.

10:48:20 Because I do appreciate and like the idea of EB-5.

10:48:27 There's a lot of pieces of information that we still need.

10:48:29 And it's harder for us to do it from the dais a lot better

10:48:33 when -- and I think Chairman Miranda made a comment of

10:48:37 this -- which is if we can meet with them individually,

10:48:39 talk, be able to have free information with them also, but

10:48:43 it harder when we are in a public forum just to get very

10:48:46 specific answers to very specific questions.

10:48:48 So I am in agreement with doing this, and I think that as

10:48:55 the maker of the resolution you might want to change that

10:48:57 language if that's amenable.

10:49:02 >>CHARLIE MIRANDA: Ms. Mulhern.

10:49:02 >>MARY MULHERN: Yes.

10:49:04 (off microphone) I was going to suggest a change and I'm not

10:49:07 sure it came from Mr. Shelby if we even need to, but if

10:49:11 council would feel better about it, maybe, one, we could

10:49:16 either do this as we have done other boards where individual

10:49:19 council members can -- you know, even in addition to the

10:49:23 committee that you have already suggested with Mr. Flynn

10:49:29 organizing it, that council could, you know, if we wished,

10:49:34 could recommend each recommended appointee to it.

10:49:38 The other thing I thought -- Mr. Flynn would make sense

10:49:46 since he is an expert on this, could recommend appointments

10:49:50 and we could approve them.

10:49:51 So one or the other I would be comfortable with that.

10:49:54 Although after hearing from Mr. Shelby, I'm fine with it.

10:49:58 It's a fact-finding task force, and from Councilman Suarez,

10:50:02 too.

10:50:03 So I'll support it either way as is, or if you want to make

10:50:09 some changes.

10:50:13 >>CHARLIE MIRANDA: Mr. Cohen.

10:50:13 >>HARRY COHEN: I understand what everyone is struggling

10:50:15 with here.

10:50:16 My own thought on this, though, is that since I know very

10:50:21 little about this subject, I wouldn't even know who to go

10:50:26 to, to appoint to this type of a task force.

10:50:30 But I do like the suggest that was made by Mr. Suarez that

10:50:35 we follow with Mr. Reddick was saying, that at least we have

10:50:40 the ability to ratify whatever choices are made, and again,

10:50:44 just so I understand, what we are doing here is asking a

10:50:49 group to put information together for us.

10:50:52 You know, I want to make it very clear that I don't know if

10:50:56 I'm ultimately going to be in support of doing this or not.

10:51:02 What I do know I am in support of is getting the information

10:51:04 to make an informed judgment about it.

10:51:06 And that is my understanding of where we are going here.

10:51:13 >>CHARLIE MIRANDA: Thank you very much.

10:51:14 Ms. Capin.

10:51:15 Mr. Reddick.

10:51:18 >>FRANK REDDICK: I will just restate what I said.

10:51:21 My position can stand.

10:51:22 I am not going to be in support of it, some of the changes.

10:51:31 >>YVONNE CAPIN: I can appreciate that.

10:51:32 And I would take that as a friendly amendment to the

10:51:38 resolution to have Mr. Flynn as the lead on the task force,

10:51:44 and to come back for City Council's approval.

10:51:50 And I, along -- the reason for this is because I would

10:51:54 know -- well, I do now.

10:52:00 I know who to appoint.

10:52:01 I have talked to so many people.

10:52:02 But I also thought that would put the council members in a

10:52:04 position that they are not comfortable with.

10:52:07 So I understand that knowing who is on this task force is

10:52:12 important to council.

10:52:13 And I do appreciate that very much.

10:52:17 And I would add that to the resolution.

10:52:22 And I would make a -- can I make a separate motion as to the

10:52:26 resolution?

10:52:27 Or does it have to be part of it?

10:52:29 >>CHARLIE MIRANDA: You can.

10:52:30 Certainly.

10:52:30 It's your resolution.

10:52:31 >> I'll ask the attorney.

10:52:34 >>CHARLIE MIRANDA: Well, I am chairing the meeting.

10:52:37 >>YVONNE CAPIN: But I have the floor.

10:52:38 >>CHARLIE MIRANDA: I know you have to T are the floor but

10:52:40 she's asking another question and I'm trying to answer it

10:52:42 all at the same time.

10:52:44 >>YVONNE CAPIN: May I finish?

10:52:46 May I?

10:52:48 >>CHARLIE MIRANDA: Counselor.

10:52:49 >>MARTIN SHELBY: Thank you.

10:52:50 My recommendation, Councilwoman Capin, would be to very

10:52:53 quickly would work with your office to inject some words,

10:52:57 perhaps the language being City Council hereby establishes

10:53:00 the Tampa EB-5 regional center fact finding task force and

10:53:06 William J. Flynn, III, shall organize and appoint the

10:53:08 members of said task force and insert the word whose

10:53:12 appointments shall be approved and ratified by City Council.

10:53:15 And put that in that.

10:53:18 >>YVONNE CAPIN: Does it have to have a date for them to come

10:53:20 back?

10:53:21 Or whenever they are ready?

10:53:23 >>MARTIN SHELBY: In your resolution, you have put the date

10:53:25 and time that you want them to come back.

10:53:28 >>YVONNE CAPIN: I do have that but that's where the fact

10:53:30 finding information, not for the approval.

10:53:34 I think council wants to know beforehand who is on this

10:53:37 committee.

10:53:37 >> Absolutely.

10:53:40 Would you like to have a date, your suggestion that you put

10:53:43 a date in there?

10:53:44 >> Can we ask Mr. Flynn who is going to be working on this,

10:53:48 the pro bono for us, the City of Tampa City Council?

10:53:55 >>> I can come back relatively quickly, if I may,

10:53:58 Mr. Chairman.

10:53:58 I can tell you what I have in mind in 15 seconds.

10:54:02 But if Mr. Rotella were kind enough and Mr. Homans were on

10:54:10 the committee that would be natural.

10:54:11 Someone from the administration should be there.

10:54:13 Then a to-be-named person from USF on major economic engine.

10:54:17 I would also propose two other people.

10:54:19 Hal flowers, the local developer whom you all know, 101 East

10:54:23 Kennedy Boulevard, and a person named Michael Gibson who is

10:54:26 an ex Citicorp executive who is probably the leading expert

10:54:30 on regional centers in the United States.

10:54:32 So those would be my recommendations with a couple names to

10:54:35 be filled in.

10:54:37 >>CHARLIE MIRANDA: Ms. Mulhern?

10:54:38 >>MARY MULHERN: Thank you.

10:54:38 I was going to pretty much say what Mr. Shelby said, but I

10:54:43 think we could change the section right now, just to say,

10:54:50 city section number 2, City Council hereby establishes the

10:54:57 Tampa EB-5 regional application, fact finding task force,

10:55:01 and William J. Flynn III shall recommend appointment for

10:55:09 council approval of members.

10:55:12 So instead of saying "shall organize and appoint" to just

10:55:17 say "shall recommend appointments for City Council approval.

10:55:23 And then it could come back.

10:55:26 I think you probably want more than to write, you know,

10:55:30 today, maybe come back at our next meeting.

10:55:32 I think we have a night meeting next week with the names,

10:55:36 with the list of names.

10:55:42 So I would second the motion with changing that, Mr. Shelby,

10:55:45 if you think that would work, recommend appointment for City

10:55:47 Council approval.

10:55:48 >>MARTIN SHELBY: That would work.

10:55:51 And the thing is, you have a regular meeting, by the way, on

10:55:55 September 27th.

10:55:56 I don't know if you want this to be at the night meeting but

10:55:59 you could Do O could do that as a separate motion and make

10:56:03 the motion with these changes, approve the resolution, and

10:56:07 then on separate motion set it to come back --

10:56:12 >>YVONNE CAPIN: The changes are being made as we speak and

10:56:15 will be brought forward.

10:56:17 >>MARTIN SHELBY: The answer to the question is yes.

10:56:21 And Mr. Territo just reminded me that the night meeting is

10:56:24 the budget meeting so my recommendation, council, if you

10:56:27 want to bring it back, bring it back at a regular meeting,

10:56:29 it would be appropriate to do that.

10:56:33 >>YVONNE CAPIN: The night meeting is both, a budget workshop

10:56:35 and a regular night meeting.

10:56:38 >>CHARLIE MIRANDA: Any further comments?

10:56:39 I know it's being made.

10:56:40 We'll hold this until it's presented here so we can have the

10:56:43 proper resolution before us, so there will be no qualms in

10:56:47 the future as to what we voted on, how we voted on, when we

10:56:50 voted on it.

10:56:51 So it will just take a few minutes.

10:56:53 So if I may continue with the agenda, we will go back to

10:56:56 that resolution when comes back.

10:56:58 A request for any public consideration on any legislative

10:57:02 matters that were passed the last council meeting?

10:57:05 Anyone in the audience care to speak on that matter?

10:57:07 I see no one.

10:57:09 We go to committee reports, if I may.

10:57:12 Mr. Frank Reddick, Public Safety Committee chair.

10:57:15 >>FRANK REDDICK: Move item 2 through 5.

10:57:17 >> Second.

10:57:19 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Ms. Ms.

10:57:22 Mulhern.

10:57:23 All in favor of the motion?

10:57:24 The ayes have it unanimously.

10:57:25 Parks, Recreation, Culture Committee chair, Ms. Mary

10:57:29 Mulhern.

10:57:29 >>MARY MULHERN: Thank you, Mr. Chairman.

10:57:30 I move item 6 through 10.

10:57:34 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern.

10:57:35 I have a second by Mr. Cohen.

10:57:36 All in favor of the motion please indicate by saying aye.

10:57:39 Opposed nay.

10:57:40 The ayes have it unanimously.

10:57:41 Public works chair, Mr. Mike Suarez.

10:57:43 >>MIKE SUAREZ: I move items 11 through 14.

10:57:46 >>MARY MULHERN: Second.

10:57:49 >>CHARLIE MIRANDA: I have a second by Mrs. Mulhern.

10:57:50 All in favor of the motion? Opposed?

10:57:52 The ayes have it unanimously.

10:57:54 Finance Committee chair, Mr. Harry Cohen.

10:57:56 >>HARRY COHEN: I move items 15, 16 and 17.

10:57:59 >>MIKE SUAREZ: Second.

10:58:02 >>CHARLIE MIRANDA: All in favor of the motion please signify

10:58:04 by saying aye. Opposed nay.

10:58:06 The ayes have it unanimously.

10:58:07 We go now to building, zoning and preservation committee, in

10:58:11 the absence of Lisa Montelione, who probably has sent me --

10:58:16 and it's my reminder to myself, that due to personal matters

10:58:20 I will be absent from the City Council regular meeting

10:58:23 scheduled for Thursday, September 6th, 2012.

10:58:26 Please read this in absence on the record.

10:58:28 I just have.

10:58:29 And the vice chair Ms. Yolie Capin will handle that, 18

10:58:35 through 31.

10:58:36 >>YVONNE CAPIN: And I am surprised Mrs. Montelione did not

10:58:39 call in as she did before.

10:58:42 But I will do this.

10:58:45 Building, Zoning and Preservation Committee, items 18

10:58:50 through 31.

10:58:52 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, seconded

10:58:55 by Mrs. Mulhern.

10:58:56 All in favor of the motion? Opposed nay?

10:58:59 The ayes have it unanimously.

10:59:00 We go to transportation committee chair, Ms. Yolie Capin.

10:59:08 >>YVONNE CAPIN: Thank you.

10:59:08 That came to me quickly.

10:59:09 I move to pass item 32 through 35.

10:59:14 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.

10:59:16 Further discussion by council members?

10:59:17 All in favor of the motion please indicate by saying aye.

10:59:19 Opposed nay.

10:59:20 The ayes have it unanimously.

10:59:21 We go back to resolution.

10:59:23 Ms. Capin.

10:59:25 >>YVONNE CAPIN: Thank you.

10:59:25 It was just brought out.

10:59:27 Did you get a copy?

10:59:37 Are there any extras?

11:00:12 >>YVONNE CAPIN: Thank you.

11:00:13 Did everybody get a chance to read the change?

11:00:17 And is it satisfactory?

11:00:20 I would like to move the resolution then.

11:00:24 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, a second

11:00:26 by Mrs. Mulhern.

11:00:27 Further discussion by council members?

11:00:28 All in favor?

11:00:30 Opposed?

11:00:32 Nay.

11:00:34 Okay.

11:00:34 We go to item -- public hearing for second reading, proposed

11:00:39 ordinance.

11:00:40 These are quasi-judicial.

11:00:42 Need to open items 36 through 41.

11:00:44 >>MARY MULHERN: Thank you all for attending.

11:00:48 >>YVONNE CAPIN: We need to set a I date for Mr. Flynn to

11:00:50 come back.

11:00:52 >>CHARLIE MIRANDA: Okay.

11:00:52 >> That would be in a week.

11:00:57 Is that the September 13th?

11:01:00 >>HARRY COHEN: 27th.

11:01:06 >>YVONNE CAPIN: September 27th.

11:01:07 >> This would be with a recommendation.

11:01:10 >>FRANK REDDICK: And Mr. Flynn, I hope when you make the

11:01:14 recommendations, I heard you say the numbs you said earlier,

11:01:17 that you come back with a diverse committee.

11:01:19 Thank you.

11:01:24 >>YVONNE CAPIN: Thank you.

11:01:27 >>CHARLIE MIRANDA: Mrs. Capin making the motion.

11:01:29 At what time?

11:01:31 >>YVONNE CAPIN: Yes, sir.

11:01:31 At 9 a.m.?

11:01:37 >>MARTIN SHELBY: That would be under ceremonial before

11:01:40 everything else comes in.

11:01:41 Council, staff reports.

11:01:44 >>YVONNE CAPIN: Staff reports which is at 10 a.m.

11:01:47 >>CHARLIE MIRANDA: Motion by Mrs. Capin, second by Mrs.

11:01:49 Mulhern, September 27th at 10 a.m.

11:01:51 All in favor of the motion?

11:01:53 Opposed?

11:01:53 Motion passes.

11:01:57 All right.

11:01:57 Public hearings.

11:01:58 I believe we took a vote on opening 36 through 41.

11:02:10 Item 36.

11:02:10 All people, taxpayers who are going to speak on these items

11:02:13 36 through 41 have to be sworn in.

11:02:16 The clerk will do that now.

11:02:17 (Oath administered by Clerk).

11:02:32 >>MARTIN SHELBY: My understanding is there are items

11:02:33 received for public inspection that need to be filed

11:02:37 received and filed.

11:02:39 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.

11:02:41 Suarez.

11:02:41 All in favor of the motion?

11:02:42 Opposed?

11:02:43 The ayes have it unanimously.

11:02:45 Okay.

11:02:45 Item number 36.

11:02:46 >>ABBYE FEELEY: Land Development Coordination.

11:02:52 Items 36 through 40 required certified site plans.

11:02:55 Those site plans have been certified and provided to the

11:02:57 clerk.

11:02:58 I do have available copies if you would like to review

11:03:00 those.

11:03:01 Thank you.

11:03:12 >>CHARLIE MIRANDA: Anyone here on item 36?

11:03:14 This is rezoning for special use permit S-2.

11:03:17 Anyone in the audience?

11:03:18 Is petitioner here?

11:03:19 Want to come up and say "hi"?

11:03:29 >> Jeremy Couch, 35289 Ehrlick road, Tampa.

11:03:35 We agree with conditions of staff and request your approval.

11:03:39 >>CHARLIE MIRANDA: Thank you very much.

11:03:39 Anyone in the audience care to speak on item 36?

11:03:42 36?

11:03:43 I have a motion to close by Mr. Reddick, second by Mr.

11:03:47 Cohen.

11:03:47 All in favor of the motion?

11:03:49 Opposed?

11:03:49 The ayes have it unanimously.

11:03:51 Mr. Cohen, would you kindly take item number 36?

11:03:55 >>> I move an ordinance being presented for second reading

11:03:58 and adoption, an ordinance approving a special use permit

11:04:00 S-2 approving a medical office in an RO-I zoning district in

11:04:05 the general vicinity of 4303 and 4303 north Gomez Avenue in

11:04:11 the city of Tampa, Florida and as more particularly

11:04:13 described in section 1 hereof providing an effective date.

11:04:15 >>MARY MULHERN: Second.

11:04:20 >>CHARLIE MIRANDA: Roll call vote.

11:04:21 Vote and record.

11:04:21 >>THE CLERK: Motion carried with Capin being absent at vote

11:04:33 and Montelione being absent.

11:04:36 >>CHARLIE MIRANDA: Thank you.

11:04:36 Item number 37.

11:04:38 37.

11:04:39 Is petitioner here?

11:04:40 >> Dean Sumner, 304 south Lakeland Avenue, Tampa, Florida.

11:04:56 I'm the authorized agent for the special use 2 permit

11:05:00 application.

11:05:00 And we accept the city's conditions put on the application

11:05:05 and we would ask that you approve it.

11:05:08 >>CHARLIE MIRANDA: Thank you very much.

11:05:08 Anyone in the audience care to speak on item 37?

11:05:11 37?

11:05:11 I see no one.

11:05:13 We have a motion to close by Mr. Cohen, second by Mr.

11:05:15 Suarez.

11:05:16 Further discussion by council members?

11:05:17 All in favor of the motion? Opposed nay?

11:05:19 The ayes have it unanimously.

11:05:21 Ms. Mulhern, would you kindly take number 37, please?

11:05:24 >>MARY MULHERN: I move an ordinance being presented for

11:05:26 second reading and adoption, an ordinance approving a

11:05:28 special use permit S-2 approving a place of religious

11:05:33 assembly in RM-24 residential multifamily zoning district in

11:05:36 the general vicinity of 3402 Henderson Boulevard in the city

11:05:41 of Tampa, Florida and as more particularly described in

11:05:43 section 1 hereof providing an effective date.

11:05:46 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern.

11:05:48 I have a second by Mr. Suarez.

11:05:49 Roll call vote.

11:05:50 Vote and record.

11:05:50 >>THE CLERK: Motion carried with Capin being absent at vote

11:05:58 and Montelione being absent.

11:06:01 >>CHARLIE MIRANDA: Item number 38.

11:06:03 Anyone in the audience?

11:06:05 Is petitioner here?

11:06:06 Item 38.

11:06:07 Come forward.

11:06:11 We want you to earn your money.

11:06:24 >>GINA GRIMES: With the law firm of Hill, Ward, Henderson.

11:06:26 I don't have my book.

11:06:30 >>CHARLIE MIRANDA: You agree with the staff recommendation?

11:06:36 >>GINA GRIMES: Yes.

11:06:37 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

11:06:38 item 38?

11:06:39 38?

11:06:40 Need a motion to close.

11:06:41 Motion by Mr. Suarez.

11:06:42 Second by Mr. Reddick.

11:06:44 All in favor of that motion?

11:06:46 Opposed?

11:06:46 The ayes have it unanimously.

11:06:47 Mr. Reddick, will you kindly take number 38?

11:06:51 >>FRANK REDDICK: Move an ordinance for second reading and

11:06:55 adoption, an ordinance rezoning property in the general

11:06:59 vicinity of 10916, 10922, 10948 north Central Avenue and 404

11:07:05 east 109th Avenue in the city of Tampa, Florida and more

11:07:08 particularly described in section 1 from zoning district

11:07:10 classification RM-24 residential multifamily to PD planned

11:07:14 development, school and school related uses, providing an

11:07:17 effective date.

11:07:20 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

11:07:21 I have a second by Mr. Suarez.

11:07:22 Roll call vote of the vote and record.

11:07:24 >>THE CLERK: Motion carried with Capin being absent at vote

11:07:32 and Montelione being absent.

11:07:35 >>CHARLIE MIRANDA: Item number 39.

11:07:36 Petitioner.

11:07:37 Yes, sir.

11:07:37 >> David Smith, 104 Jackson street, here representing

11:07:44 applicant.

11:07:44 I'm here to answer any questions.

11:07:46 We agree with conditions.

11:07:49 >>CHARLIE MIRANDA: All right.

11:07:49 Anyone in the audience care to speak on item number 39?

11:07:52 39.

11:07:54 Need a motion to close.

11:07:56 Motion to close by Mr. Reddick.

11:07:58 Second by Mr. Suarez.

11:07:59 All in favor of the motion please indicate by saying aye.

11:08:01 Opposed nay.

11:08:02 The ayes have it unanimously.

11:08:03 Mr. Suarez, would you kindly read number 39?

11:08:06 >>MIKE SUAREZ: I present an ordinance being presented for

11:08:10 second reading and adoption, an ordinance rezoning property

11:08:12 in the general vicinity of 4310 West Spruce Street and 1706

11:08:17 north Hubert Avenue in the city of Tampa, Florida and more

11:08:20 particularly described in section 1 from zoning district

11:08:23 classifications PD planned development, residential,

11:08:26 multifamily and residential office, to PD, planned

11:08:28 development, residential multifamily, providing an effective

11:08:31 date.

11:08:31 >>FRANK REDDICK: Second.

11:08:34 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

11:08:36 I have a second by Mr. Reddick.

11:08:38 Roll call vote.

11:08:39 Vote and record.

11:08:39 >>THE CLERK: Motion carried with Capin being absent at vote

11:08:49 and Montelione being absent.

11:08:52 >>CHARLIE MIRANDA: Item number 40.

11:08:53 Is petitioner here?

11:08:58 >>DAVID MECHANIK: 305 South Boulevard here on behalf of

11:09:01 Moffitt Cancer center and research institution.

11:09:05 We have nothing further to add.

11:09:07 We would be happy to answer any questions.

11:09:09 And we agree with the staff recommendation.

11:09:13 >>CHARLIE MIRANDA: Thank you very much.

11:09:13 Anyone in the audience care to speak on number 40?

11:09:17 40?

11:09:21 >>HARRY COHEN: Move to close.

11:09:25 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by

11:09:27 Mr. Suarez.

11:09:28 Mr. Cohen, would you kindly take number 40?

11:09:30 >> Move an ordinance being presented for second reading and

11:09:33 adoption, an ordinance rezoning property in the general

11:09:35 vicinity of 10902 McKinley drive in the city of Tampa,

11:09:39 Florida and more particularly described in section 1 from

11:09:42 zoning district classifications IH industrial heavy to PD

11:09:47 planned development, office, medical, hospital, and all uses

11:09:51 permitted in OP-1 and CI zoning district, providing an

11:09:56 effective date.

11:09:59 >>CHARLIE MIRANDA: Motion by Mr. Cohen.

11:10:00 I have a second by Mr. Suarez.

11:10:01 Roll call vote.

11:10:03 Vote and record.

11:10:03 >> Motion carried with Capin being absent at vote and

11:10:11 Montelione being absent.

11:10:15 >>CHARLIE MIRANDA: Item number 41.

11:10:17 Is petitioner here?

11:10:18 >> We are in agreement with the staff recommendations on the

11:10:31 rezoning.

11:10:34 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

11:10:35 item number 41?

11:10:36 >>FRANK REDDICK: Move to close.

11:10:42 >>STEVE MICHELINI: I'm also here to support for petitioner

11:10:45 on this project.

11:10:47 >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick,

11:10:49 I believe, an seconded by Mrs. Mulhern on a close vote with

11:10:52 Mr. Suarez.

11:10:53 All in favor?

11:10:54 Opposed?

11:10:55 The ayes have it unanimously.

11:10:57 Mrs. Mulhern, would you kindly take number 41?

11:10:59 >> Move an ordinance being presented for first reading and

11:11:02 adoption, an ordinance rezoning property in the general

11:11:04 vicinity of 7921 north 40th Street in the city of Tampa,

11:11:08 Florida and more particularly described in section 1 from

11:11:11 zoning district classifications RS-75 residential

11:11:15 single-family and CG commercial general to CG commercial

11:11:19 general, providing an effective date.

11:11:20 >> Second.

11:11:24 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Mr.

11:11:27 Suarez.

11:11:29 Roll call vote.

11:11:30 Vote and record.

11:11:30 >>THE CLERK: Motion carried with Capin being absent at vote

11:11:37 and Montelione being absent.

11:11:41 >>CHARLIE MIRANDA: We go now to staff reports.

11:11:47 Mr. McDonaugh.

11:11:48 >>BOB McDONAUGH: Administrator of economic opportunity.

11:11:52 I was asked to look to see if the city owned any property in

11:11:55 the area around the central court apartments.

11:12:02 City does not have any property that we own that we would be

11:12:04 able to sell for a recreational facility.

11:12:06 However, I did recognize the fact that Lena Young Green is

11:12:14 developing a community center four blocks from the apartment

11:12:14 complex which might lend itself to recreational

11:12:20 opportunities and computer lab and things like that, and I

11:12:22 did recommend that the folks from the Central Court

11:12:24 Apartments go ahead and contact her and I put them in

11:12:28 contact, and I will follow back with council to see if

11:12:30 there's any success there or interest.

11:12:35 >>CHARLIE MIRANDA: Any comments by council members at this

11:12:36 time? Thank you, sir.

11:12:43 Item number 43, I believe.

11:12:50 Mrs. Montelione wrote a statement on 43, and clerk, would

11:12:56 you read it into the record?

11:12:57 >>THE CLERK: The memo says: Also, I will not be in

11:13:08 attendance at Thursday's meeting.

11:13:10 I wish to offer a suggestion in response to the memo from

11:13:14 attorney Kate Taylor regarding item number 43, domestic

11:13:20 partnership registry.

11:13:21 The third option would offer the benefits of reciprocity,

11:13:26 that the first option would provide our citizens without the

11:13:32 onerous task of requiring interlocal agreements with each

11:13:36 jurisdiction.

11:13:37 The city should adopt the language that Ms. Taylor sets

11:13:42 forth in her second option which has already been

11:13:44 incorporated into other jurisdictions registry.

11:13:48 Instead of interlocal agreements, perhaps we can simply

11:13:53 invite all jurisdictions in writing to adopt the same

11:13:56 language.

11:13:59 Though it might take time, eventually the effect would be

11:14:02 reciprocity with all jurisdictions.

11:14:06 I support adopting the language suggested and reaching out

11:14:11 to other jurisdictions to do the same.

11:14:14 Please do not respond to this memo except at the public

11:14:17 hearing.

11:14:18 Thank you for your consideration and allowing my position to

11:14:22 be placed in the record.

11:14:27 >>CHARLIE MIRANDA: Thank you.

11:14:27 Yes, ma'am.

11:14:27 >>> Kate Taylor, legal department, here on item 43.

11:14:33 Council had asked legal department to look into a couple of

11:14:35 the options with regard to domestic partnership registry

11:14:43 outside the City of Tampa.

11:14:47 I did send a memo earlier in the week.

11:14:49 I hope you had a chance to take a look at it.

11:14:54 Briefly, two options.

11:14:56 The first option is actual reciprocity with on the

11:14:59 jurisdictions that have similar registries.

11:15:02 As I said in the memorandum, that would require an agreement

11:15:08 within jurisdictions that we want to have a city list.

11:15:11 The second option was recognition of other partnerships

11:15:16 registered in other jurisdictions.

11:15:19 Regardless of whether those other jurisdictions were

11:15:23 recognized in the register here.

11:15:26 That would simply require an amendment to our domestic

11:15:29 partnership registry ordinance.

11:15:33 I have some sample language in my recommend.

11:15:36 That's the approach taken by most on the jurisdictions that

11:15:38 have registries at this point.

11:15:41 So with that, I'm here to answer any questions you may have.

11:15:45 >>CHARLIE MIRANDA: Thank you very much.

11:15:46 Any questions by council members on that statement?

11:15:53 All right.

11:15:54 What are council's wishes on 43, Mrs. Mulhern?

11:15:59 >>MARY MULHERN: I think Councilwoman Capin is here, and we

11:16:02 should probably hear from her.

11:16:05 >>CHARLIE MIRANDA: No problem.

11:16:06 We'll hold 43 till Mrs. Capin gets back.

11:16:11 We go to items -- staff reports items 44 through 47.

11:16:21 And these items in essence were approved this morning but

11:16:24 not officially since they were part of the addendum.

11:16:28 So we will go through the staff reports individually, or

11:16:34 resolutions to be passed on item number 44.

11:16:37 And I need, if I may.

11:16:40 >>FRANK REDDICK: Move 44.

11:16:42 >>MARY MULHERN: Second.

11:16:44 >>CHARLIE MIRANDA: Second by Mrs. Mulhern for that

11:16:46 resolution to be passed.

11:16:47 All in favor?

11:16:48 Opposed?

11:16:50 The ayes have it unanimously.

11:16:52 Ms. Capin, we'll get to 43 in a second.

11:16:56 We are on 45.

11:16:57 I need somebody to moss pass that resolution.

11:17:02 Motion made.

11:17:03 Seconded by Mr. Cohen.

11:17:05 The ayes have it unanimously.

11:17:06 >>FRANK REDDICK: Move 46.

11:17:10 >>HARRY COHEN: Second.

11:17:11 >>CHARLIE MIRANDA: I have a second by Mr. Cohen on 46.

11:17:13 All in favor of that motion?

11:17:14 Opposed?

11:17:15 The ayes have it unanimously.

11:17:16 47.

11:17:16 >>FRANK REDDICK: Move 47.

11:17:19 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick on 47,

11:17:22 seconded by Mr. Cohen.

11:17:23 All in favor of that motion?

11:17:27 The ayes have it unanimously.

11:17:28 Mrs. Capin, we go back to item number 43.

11:17:34 >>YVONNE CAPIN: Thank you for delaying this until I got

11:17:35 back.

11:17:36 As the memorandum states from our city attorney, that the

11:17:41 reciprocity would be the second option, which is what I

11:17:46 added when I made the motion that even if it was not

11:17:52 possible or it was too arduous to complete a reciprocity

11:17:59 between them, that we would recognize other jurisdictions

11:18:03 registry regardless of their recognition of Tampa's

11:18:07 registry, and I think that approach -- and also other

11:18:13 jurisdictions are either doing that or looking at that.

11:18:19 So I would like to move, if I may, the second option on

11:18:26 this, on number 43.

11:18:32 Do I need to?

11:18:34 >>CHARLIE MIRANDA: Yes, ma'am.

11:18:34 >>HARRY COHEN: Just for clarification purposes, is this

11:18:38 something that we can do now, or do we need to ask the legal

11:18:41 department to come back with specific language?

11:18:48 >>> I would appreciate a motion directing legal department

11:18:50 to come back with specific language.

11:18:53 Also, if you are inclined to go for the second option, I

11:18:56 would also ask for in your motion if you could give me some

11:18:59 sort of geographical limitation, if you would like to

11:19:02 incorporate one.

11:19:04 A lot of other jurisdictions that have this language don't

11:19:07 have limitation on geography within the state, within the

11:19:10 country, within the nation, whatever.

11:19:12 But if that's something that you desire, if you could let me

11:19:15 know that as well so that I could add that in.

11:19:22 >>YVONNE CAPIN: Thank you.

11:19:23 It's always so nice to have an attorney on council.

11:19:26 Yes, I would like to make a motion that legal staff come

11:19:33 back with an ordinance that would recognize other

11:19:42 jurisdictions regardless of the City of Tampa's registry,

11:19:46 which is the second option.

11:19:48 And I know have been has read that.

11:19:52 And also the geography.

11:19:53 You know, we have to -- I would say the United States.

11:20:05 >> The universe.

11:20:09 >>YVONNE CAPIN: The world.

11:20:10 >>HARRY COHEN: I don't think there has to be any limitation

11:20:15 there.

11:20:16 >>YVONNE CAPIN: I appreciate that.

11:20:17 I will also say there is no limitation.

11:20:20 Of course, we are governed by the laws of the State of

11:20:22 Florida.

11:20:22 But otherwise, yes, no limitation.

11:20:30 >>CHARLIE MIRANDA: The legal department will draft and come

11:20:32 back.

11:20:33 Will you give a time to come back?

11:20:34 Tell us what time you need.

11:20:37 >>YVONNE CAPIN: Yes.

11:20:37 >>> I think come back on the 27th, the next regular day

11:20:41 meeting.

11:20:43 >>YVONNE CAPIN: The 27th staff reports at 10 a.m.

11:20:47 >>CHARLIE MIRANDA: Motion by Mrs. Capin on 43.

11:20:49 Seconded by Mr. Cohen to come back on the 27th at 10:00

11:20:52 on staff reports.

11:20:54 All in favor?

11:20:55 The ayes have it unanimously.

11:20:56 We go now to the public hearings on items 48 through 52.

11:21:01 These are quasi-judicial.

11:21:03 If you have not been sworn in, you must be sworn in before

11:21:05 you speak.

11:21:06 I need to open public hearings.

11:21:08 (Oath administered by Clerk)

11:21:15 >>CHARLIE MIRANDA: I need a motion to open these hearings.

11:21:21 >>MIKE SUAREZ: Second.

11:21:23 I mean, so moved.

11:21:25 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mrs.

11:21:28 Mulhern to open 48 through 52.

11:21:32 The ayes have it unanimously.

11:21:34 48 through 52 are now open.

11:21:35 Number 48.

11:21:44 This is a resolution.

11:21:45 Does this have to be passed before it closed? Let's do that

11:21:49 to be safe.

11:21:50 This is a public hearing on the ad valorem beings,

11:21:54 collecting non-ad valorem at the Landings telephonic at Port

11:22:01 Tampa.

11:22:03 Need a motion to close.

11:22:04 Well, let's not close it yet.

11:22:06 I'm sorry.

11:22:06 Let's move the resolution.

11:22:09 Resolution on 48 by Mr. Reddick.

11:22:11 Second by Mr. Cohen.

11:22:15 All in favor of that motion please indicate by saying aye.

11:22:18 Opposed nay.

11:22:19 The ayes have it unanimously.

11:22:20 Now we can close the hearing.

11:22:22 >>MIKE SUAREZ: Motion to close.

11:22:24 >>HARRY COHEN: Second.

11:22:26 >>CHARLIE MIRANDA: All in favor of the motion please

11:22:27 indicate by saying aye.

11:22:28 Opposed nay.

11:22:29 Ayes have it unanimously.

11:22:31 This is a continued public hearing on 49 on list of

11:22:34 businesses who failed.

11:22:36 File the annual report, so forth and so on.

11:22:39 49.

11:22:45 City.

11:22:45 Hello?

11:22:49 >>CATHERINE COYLE: This particular item came before you

11:22:51 originally on June 28th, and at the time I had filed the

11:22:55 letter.

11:22:56 The gentleman was here that owned the restaurant and he

11:22:58 wrote a handwritten letter which is on file with the clerk.

11:23:01 He had to fly to Greece, I believe, if you recall.

11:23:03 That was continued to July 19th.

11:23:06 He still hadn't returned to the country.

11:23:08 Continued to August 2nd.

11:23:10 Then he made the motion to continue to today to give him

11:23:12 time to come back in the country.

11:23:16 I noted in the past his reasoning for nonpayment was that he

11:23:24 stated in the letter that he did not realize it was owed, he

11:23:27 didn't get any notice of it, and as I mentioned before we

11:23:29 send out the postcards in December, and then we send a

11:23:32 follow-up letter that relates that a fee is owed.

11:23:38 Did he file the location filed on August 1st.

11:23:41 It was due January 31st.

11:23:43 They did file so that part of it, the $500 fee is still

11:23:47 required at this point.

11:23:49 We'll hear from the applicant and then I will make a

11:23:51 recommendation.

11:23:51 >> Is the applicant here?

11:23:53 Yes, sir.

11:23:53 >> I need your name and address.

11:24:01 >> Costino Flores, Tampa, Florida.

11:24:12 Was here last month on alcohol beverage.

11:24:17 The $2,000.

11:24:17 And we don't believe it's far for us to pay the $500 fee.

11:24:23 We never received any notice for the report.

11:24:28 >>CHARLIE MIRANDA: I'm not passing judgment on what's

11:24:29 happened.

11:24:30 But it was stated clear, all the information as I understood

11:24:35 it was set by -- sent by mail to your address.

11:24:40 Now what happened to it, I don't know.

11:24:42 It's been going on since January.

11:24:43 >> We sent a notice of paying the $500 fine.

11:24:48 >> Well, if you had filed in January, what would the fine

11:24:52 have been?

11:24:53 >> None.

11:24:57 >>CHARLIE MIRANDA: And you didn't file.

11:24:57 >> Yeah, we haven't filed because I wasn't aware of, my

11:25:03 personally.

11:25:03 >> I don't know if I have any right at all -- and I'm

11:25:08 speaking to you like a brother -- to change any fee.

11:25:11 I don't think I do.

11:25:11 >> Well, the thing is for us, $2,000, breakfast and lunch.

11:25:19 We don't sell alcohol.

11:25:20 For us to pay $500 a year for the fee, we are not making any

11:25:25 profit.

11:25:38 >>CATHERINE COYLE: Council, the option at this point, if he

11:25:41 doesn't want to pay it or refuses to pay it, you have the

11:25:43 option at this point to make the finding of guilty or not

11:25:46 guilty in violation or not violation, then you have the

11:25:49 second option, zero to 30 days.

11:25:54 Our recommendation at this point, listening to the testimony

11:25:57 and understanding what was written, is that it would be

11:26:00 finding of guilt in violation, and then we probably

11:26:03 recommend zero days at this point based on the evidence

11:26:07 presented, noting very clearly to him that this is an annual

11:26:10 requirement and he has filed in the past.

11:26:13 >> What happened to the $500?

11:26:16 You didn't address that part.

11:26:17 >> Essentially wipe it but the finding of the guilt is the

11:26:27 punishment of some sort.

11:26:31 If he files late again in the next cycle, he's going to owe

11:26:34 $500 again.

11:26:37 You have also the option to suspend.

11:26:46 >>CHARLIE MIRANDA: Mr. Cohen.

11:26:46 >>HARRY COHEN: I understand your statement about the $500

11:26:49 that you only made $2,000, but the bottom line is you have

11:26:55 the license.

11:26:56 So there's a fee attached.

11:26:58 I mean, if you have the right to sell it, you have to pay

11:27:00 for the license regardless of whether you make a dollar or

11:27:05 two dollars.

11:27:07 I mean, Ms. Kert, can you help me out here?

11:27:16 >>REBECCA KERT: Legal department.

11:27:17 He would not have to pay the $500 if he paid on time.

11:27:20 It's basically a late fee, late penalty.

11:27:22 If he had filed on time and if he files on time next year he

11:27:25 won't owe $500.

11:27:26 >> And it has nothing to do with how much money you do or

11:27:30 don't make on the sale of alcohol.

11:27:32 >> Correct.

11:27:33 It is merely for filing your paperwork late.

11:27:41 >>CHARLIE MIRANDA: Do you understand, sir?

11:27:42 >> Yes, I understand.

11:27:44 My point is for us to pay $500 late fee, we are willing to

11:27:48 pay the fees for the license, but for us to pay the $3500,

11:27:51 it's not worth it, might as well --

11:27:54 >>CHARLIE MIRANDA: Let me try to reason this out.

11:27:56 Come January, nothing happened.

11:27:58 We had a hearing in June.

11:27:59 Nothing happened.

11:28:00 Or July nothing happened.

11:28:01 We had one in August.

11:28:02 Nothing happened.

11:28:03 You are out of the country.

11:28:04 >> I was here.

11:28:05 >> Or your brother or somebody was out of the country.

11:28:08 The record indicates that.

11:28:08 >> I was here twice before that.

11:28:10 And both times our hearing got canceled.

11:28:15 >> What?

11:28:15 >> Our hearing got canceled.

11:28:21 >>CHARLIE MIRANDA: Mr. Suarez?

11:28:22 >>MIKE SUAREZ: If I could.

11:28:23 Sir, we are not in your business, and we are not going to

11:28:27 tell you how to run your business, but we are going to tell

11:28:29 you that you have a license.

11:28:30 You have an obligation regardless of where you are at,

11:28:33 regardless of how much money you make, regardless of any

11:28:36 other circumstances, to pay your fine when they are

11:28:39 presented to you.

11:28:40 The excuses that you give about annual reports and so on is

11:28:44 not a good enough excuse.

11:28:46 We are now in September.

11:28:49 January, all the way until the time that it came forward, if

11:28:53 you were not -- you would have filed your paper stuff.

11:28:58 Are you telling us today you don't want to serve alcohol

11:29:01 anymore?

11:29:01 >> I am not saying that.

11:29:02 >> Okay, you are not saying that.

11:29:04 So pay your fine.

11:29:04 Continue to pay your business the way you want to runt.

11:29:07 Next year when January runs around, file in the a timely

11:29:10 math manner and you won't have this problem again.

11:29:12 I mean, it's a pretty simple process.

11:29:14 I think coming forward with us and telling us all of this,

11:29:17 we don't want to suspend anybody, we don't want to pull

11:29:20 someone's license and I don't know if we can do that, but

11:29:24 nonetheless, we don't want to prolong your agony at this

11:29:28 point.

11:29:28 We want you to run your business, and we want you to pay

11:29:32 what you owe to the City of Tampa.

11:29:34 That's it.

11:29:35 Simple process.

11:29:36 >> As you know, there's a purpose of many months for me to

11:29:40 come here and tell you my brother.

11:29:43 >> You have been here for many months.

11:29:44 My point is, your problem, if you did not make money, is not

11:29:48 our problem.

11:29:49 Your problem and our problem with you is you did not pay

11:29:53 your fine.

11:29:53 That's it.

11:29:54 No other discussion about that.

11:29:55 >> The problem is, never received a notice.

11:29:59 >>MIKE SUAREZ: You mentioned that self times.

11:30:02 Contacted you several times.

11:30:03 You are here today.

11:30:04 Obviously this is not the first time you have been

11:30:07 responded.

11:30:07 You have responded self times before.

11:30:09 And you still have not paid the $500.

11:30:11 You either don't pay the $500 and get a punishment for that,

11:30:15 or don't pay and we will punish you in some way, or don't

11:30:23 sell liquor and don't have this problem ever again.

11:30:26 That's all I have to say.

11:30:27 >>FRANK REDDICK: I am going to move a finding of guilty and

11:30:32 hope that you can do more between now and January.

11:30:38 >> What can I say?

11:30:41 Thank you.

11:30:43 >>CHARLIE MIRANDA: Thank you very much, sir.

11:30:48 Motion to fine the business mama's kitchen guilty with zero

11:30:56 days of suspension.

11:30:58 That's what I heard the recommendation.

11:30:59 Am I correct?

11:31:01 Please stand up and state it on the record again.

11:31:03 Coy Coyle yes, that would be my recommendation.

11:31:05 >> And pay the $500 fine.

11:31:11 >>> He still has the right to come in and pay if he wants

11:31:14 to.

11:31:17 Suarez.

11:31:18 >>MARTIN SHELBY: But does that relieve him of the

11:31:20 obligation to pay the $500 fine?

11:31:23 >>> Rebecca Kert, legal department.

11:31:30 There would be no additional punishment if he continues to

11:31:33 not pay the fine.

11:31:34 >>CHARLIE MIRANDA: Ba is the penalty?

11:31:35 State in the English.

11:31:36 >>> The penalty would be finding of guilt.

11:31:39 Even if you do not suspend him any days at this point, if he

11:31:43 is ever late again, you have the ability to suspend up to 60

11:31:46 days and it continues to escalate each time there is a

11:31:49 violation.

11:31:50 And that is why part of the reason that the administration

11:31:53 requests that you actually make a finding of guilt so we

11:31:57 establish the record and the penalties can escalate, if

11:32:00 there continues to be an intentional violation.

11:32:02 >>CHARLIE MIRANDA: What happened to the $500?

11:32:04 >> He did not pay the $500, and that is why he is here

11:32:07 today.

11:32:10 >>CHARLIE MIRANDA: Is the penalty going to be held or in

11:32:12 abeyance or does it have to be paid?

11:32:14 >>REBECCA KERT: If the motion passes, then the $3500, he

11:32:22 has been punished, or there has been a remedy for the

11:32:25 failure to pay the $500.

11:32:28 >>CHARLIE MIRANDA: What is the remedy?

11:32:30 >>REBECCA KERT: The remedy is up to City Council, and to

11:32:33 suspend for 30 days.

11:32:36 >>CHARLIE MIRANDA: I just want to get my mind-set on this.

11:32:41 You're saying, if I understood what you said, that by coming

11:32:43 here various times, in essence that's the penalty for not

11:32:46 paying the $500, he didn't file the fee in January.

11:32:49 Am I correct?

11:32:52 >> I'm saying that the penalty phase is up to City Council,

11:32:55 and you have the discretion of going from zero to 30 days

11:32:58 depending upon the severity of the violation.

11:33:02 And if you choose zero days, then yes, you are corrects the

11:33:05 $3500 is off the table.

11:33:08 >>CHARLIE MIRANDA: So if you choose zero days, there is no

11:33:10 penalty.

11:33:11 So we are opening now for anyone who can do this to continue

11:33:14 doing this way of business by not filing and not doing

11:33:17 anything and showing up and saying, liens, the time that the

11:33:20 city spent, the time that this council spent, the time that

11:33:23 we are paying the people in the television room to run this

11:33:26 meeting a little longer is null and void?

11:33:32 I'm not asking.

11:33:34 That's above call of duty.

11:33:35 >>FRANK REDDICK: One of the things we are doing in

11:33:37 establishing a record with this gentleman that he's guilty,

11:33:40 and he can come -- can't come in again with all the excuses

11:33:46 that he's making.

11:33:47 >> It's not like it happens every year.

11:33:51 >>FRANK REDDICK: Or it's going to be the last year.

11:33:55 [ Laughter ]

11:33:56 >>CHARLIE MIRANDA: Any other concerns by council members?

11:33:59 Any statements by council members?

11:34:01 I have a motion by Mr. Reddick.

11:34:11 Second by Mrs. Mulhern.

11:34:12 Further discussion by council members?

11:34:13 All in favor?

11:34:14 Opposed?

11:34:15 A lot of weak ayes, I'll tell you that.

11:34:22 Item number 50.

11:34:26 Thank you very much.

11:34:26 >>BARBARA LYNCH: Land Development Coordination.

11:34:33 Item 50 is application fee C-12-13, to vacate a part of

11:34:42 Marion street.

11:34:43 I have a map for the overhead showing the location.

11:34:48 The location is the federal courthouse and it's the part of

11:34:51 Marion street shown in yellow, and between Florida and

11:34:54 Morgan, and runs between Zack and Twiggs.

11:34:58 I have some photos showing the location.

11:35:04 The first is Marion street looking north on Twiggs Street.

11:35:07 The portion being vacated is this area.

11:35:15 The next is Marion street looking south on Zack Street.

11:35:20 That portion.

11:35:20 And then photo of the courthouse.

11:35:25 Staff has no objection to this request, and there are some

11:35:29 requests for easements to be preserved in the orthopedics

11:35:31 ordinance.

11:35:32 Do you have any questions?

11:35:33 >>CHARLIE MIRANDA: Any questions by council members?

11:35:35 >>MARY MULHERN: Yes.

11:35:36 Is it just a sidewalk area that --

11:35:39 >> It's actually behind the sidewalk.

11:35:41 It's the wall there, yes.

11:35:42 >>MARY MULHERN: Let me look at this.

11:35:50 So the.

11:35:53 >> So the wall was being constructed.

11:35:55 I believe a federal judge ordered that the wall be

11:35:58 constructed and it's remained in place ever since.

11:36:01 And now that there is planned use for a courtyard for that

11:36:04 hotel.

11:36:07 >>MARY MULHERN: So the vacation will allow them to just

11:36:09 take down the wall?

11:36:11 >> No.

11:36:12 The wall, I believe, is going to stay.

11:36:14 And then within that area they are going to construct a

11:36:16 courtyard area.

11:36:17 >>MARY MULHERN: But it's not in the actual street?

11:36:22 >> No.

11:36:23 >>MARY MULHERN: When you say behind, which direction am I

11:36:25 looking at?

11:36:28 >>> This is Marion street right here.

11:36:30 This is the walled area is where the portion of the

11:36:33 right-of-way is going to be vacated.

11:36:36 >>MARY MULHERN: So if I am looking at this photograph

11:36:38 straightforward, beyond that wall, that's what's being

11:36:43 vacated?

11:36:46 >>> Yes.

11:36:47 >>CHARLIE MIRANDA: Other council members?

11:36:49 Anyone in the audience care to speak on this item, item

11:36:53 number five-oh?

11:36:56 I see no one.

11:36:57 Motion by Mr. Cohen to close, second by Mr. Suarez.

11:37:00 All in favor of the motion please indicate by saying aye.

11:37:02 Opposed nay.

11:37:03 Ayes have it unanimously.

11:37:06 Item number 50.

11:37:08 Mrs. Capin, will you kindly take that, please?

11:37:14 >>YVONNE CAPIN: I'm sorry.

11:37:15 >>CHARLIE MIRANDA: No problem.

11:37:16 This is our first reading.

11:37:21 >>YVONNE CAPIN: An ordinance being presented for first

11:37:23 reading consideration, an ordinance vacating, closing,

11:37:25 discontinuing, and abandoning a portion of Marion street

11:37:29 lying east of Florida Avenue, west of Morgan street, south

11:37:32 of Zack Street and north of Twiggs Street in the City of

11:37:34 Tampa, Hillsborough County, Florida, the same being more

11:37:37 fully described in section 1 hereof, subject to certain

11:37:39 easements, covenants, conditions, and restrictions as more

11:37:43 particularly described herein, providing an effective date.

11:37:45 >> Second.

11:37:49 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second by

11:37:51 Mr. Suarez on item number 50.

11:37:52 All of N favor of the motion?

11:37:55 The ayes have it unanimously.

11:37:56 >>THE CLERK: Second reading of the ordinance will be held

11:37:59 September 27th at 9:30 a.m.

11:38:01 >> We go to item number 51.

11:38:15 Sousa, land development, E-20 -- V-12-249.

11:38:39 The recommendation of the development review committee is

11:38:41 review the application and finds it inconsistent with the

11:38:43 applicable City of Tampa and land development codes.

11:38:47 >>CHARLIE MIRANDA: I'm sorry, it is or is not?

11:38:51 >>> No, finding of inconsistent with current codes.

11:38:54 The current zoning district is CI commercial intensive.

11:38:58 The request is alcohol beverage sales, beer wine and liquor

11:39:02 sales associated with a restaurant on premises consumption

11:39:05 only.

11:39:06 They are asking for numerous waivers.

11:39:08 Waivers to reduce the required minimum distance separation

11:39:12 from 250 feet to 78 feet for other establishments selling

11:39:15 alcoholic beverages, to reduce the required minimum distance

11:39:19 separation from 250 feet to 32 feet for residential uses, to

11:39:24 reduce the required parking spaces from 52 to 28 spaces, to

11:39:29 increase the percent allowed compact parking spaces from 65

11:39:33 to 79%, request to allow maneuvering for solid waste service

11:39:38 vehicles within the rights-of-way for collection process, to

11:39:41 allow reduction of aisle width from 11 feet to 10 feet and

11:39:47 allow access on South Moody Avenue which is a local street.

11:39:50 According to the application submitted, the site is occupied

11:39:53 by one-story commercial strip center, proposed alcohol sales

11:39:57 area encompasses 4,011 square feet of which 469 square feet

11:40:00 is outside the seating area and 1,038 square feet is alcohol

11:40:06 and beverage storage area.

11:40:09 The site utilizing the surface parking area which requires

11:40:12 28 parking spaces.

11:40:13 Again the applicant is requesting a parking waiver from 52

11:40:16 to 28 spaces.

11:40:18 This case was originally approved by the City Council on

11:40:21 March 1st.

11:40:23 The applicant was then heard on June 28 in order to increase

11:40:28 the allowable alcoholic sales area square footage from 2,971

11:40:33 square feet to 3622 square feet were discovered, and there

11:40:39 was misnotice that occurred due to a mislabel of sign

11:40:44 between first and second reading.

11:40:45 The applicant is requesting to amend the previously approved

11:40:48 site plan to include alcohol square footage area and revise

11:40:52 the square footage for adjacent tenant spaces within the

11:40:56 commercial strip center.

11:40:57 The land development is requesting modifications to include

11:41:01 the cut-out legal description approved by the right-of-way

11:41:05 division and to revise the parking reduction request from

11:41:10 352 to 28 spaces.

11:41:11 Transportation division finds it inconsistent due to the

11:41:14 reduction of parking spaces from 352 to 28 spaces.

11:41:19 And we have revision sheets that are attached to this

11:41:22 application.

11:41:31 >>CHARLIE MIRANDA: Petitioner.

11:41:31 >>STEVE MICHELINI: You might remember that this petition

11:41:34 was before you previously, and in the process of going

11:41:39 through permitting it was discovered that it actually

11:41:47 required seven parking spaces which were not included in the

11:41:50 organization waiver request, and all the other waivers that

11:41:54 you have before you have already been approved with the

11:41:57 exception of the seven parking space shortfall for the body

11:42:03 studio.

11:42:04 The restaurant will continue to operate at 100 feet.

11:42:08 I'm sorry.

11:42:09 The need for the requesting the 4,000 square feet for the

11:42:13 alcoholic beverage sales area is related to the state

11:42:17 requirement that you have to have 4,000 square feet to

11:42:20 qualify as a restaurant, what's called an SRX license.

11:42:25 As they sit right now they can operate a restaurant, but the

11:42:29 penalty that's really being imposed is on the other tenant

11:42:32 in the strip center.

11:42:35 We met with and talked with the president of the townhouse

11:42:39 homeowner association, a gentleman named Tom Demerick, and

11:42:44 he had requested at the last hearing that we establish no

11:42:48 outside music after 10:00 for the patio.

11:42:52 And we did that.

11:42:54 He has been back in touch with me regarding a notice of this

11:42:57 hearing and indicated as long as that provision remained

11:42:59 that they have no objection.

11:43:03 I don't know if you have any more questions, but the

11:43:05 restaurant that was previously approved and the ordinance

11:43:08 that approved it was under V-12-78, and that remains and all

11:43:14 of those conditions remain in effect.

11:43:16 What you are seeing before you is a restating of those same

11:43:18 waivers and a recommitment that all of those conditions

11:43:22 remain the same, with the request to expand the property so

11:43:26 that it remains as a restaurant, and that it qualifies as an

11:43:31 SRX license, and the second thing is to waive the seven

11:43:36 parking spaces that would accommodate the studio.

11:43:41 What we did to expand the space was to include the storage

11:43:43 area, not serving area, and not dining area for the

11:43:48 restaurant patrons themselves.

11:43:50 That still remains at 100 feet restaurant.

11:43:52 I will be happy to answer any questions and I understand

11:43:54 there are people here to speak about it.

11:43:56 >> Any questions by council members?

11:43:58 Ms. Capin.

11:43:59 >> The storage area, is that the part that's the outdoor

11:44:02 patio?

11:44:03 >>STEVE MICHELINI: The storage area is behind.

11:44:07 >>YVONNE CAPIN: So the outdoor patio has always been there?

11:44:17 >> We incorporated that, which is a nonoccupancy area to

11:44:25 achieve the 4,000 square feet.

11:44:27 >> and you said the discussion was that there was no outdoor

11:44:32 music after 10 p.m.

11:44:35 Would he agree to no amplified music at any time?

11:44:40 >>STEVE MICHELINI: Indoors?

11:44:42 >> Outdoors, in the patio.

11:44:44 >>STEVE MICHELINI: The concept for the outdoor patio is

11:44:56 really for a smoking area, because in a restaurant if you

11:45:00 have an SRX license you cannot smoke indoors.

11:45:03 >> We would like to request to have some amplified music

11:45:14 during the daytime.

11:45:22 If we need to raise the nature time maybe from nine to eight

11:45:25 if it's reasonable, we do know what's behind there and what

11:45:30 is a reasonable bedtime, we can cut it off for whatever is

11:45:32 reasonable but during the day time to have some sort of

11:45:35 music outside.

11:45:36 >> In order for this to be enforceable it has to be on the

11:45:38 site plan.

11:45:39 I don't know that it is on the site plan that there be no

11:45:42 music.

11:45:43 Is it on the site plan?

11:45:44 Yes, it is, that there be no music after 10 p.m.

11:45:47 Now, the patio, I know, as you said is going to be used for

11:45:51 smoking.

11:45:52 But it can be used for entertainment also should you choose.

11:45:56 My question is, no outdoor amplification, period.

11:46:01 >>STEVE MICHELINI: I think what he was asking for was

11:46:04 daytime amplification up until 8 or 9 p.m., but no music

11:46:10 outdoors -- well, we are excluding outdoor music at ten.

11:46:15 >> Okay, that's fine, in a music outdoors after ten.

11:46:19 No amplified music, period, outdoors, before ten or after

11:46:25 ten.

11:46:25 You can have acoustic music, but not amplified, which is the

11:46:30 speakers.

11:46:31 You see the difference?

11:46:32 There's a big difference on how that carries.

11:46:34 >> I do.

11:46:35 I understand.

11:46:39 It's actually a requirement --

11:46:42 >> Not a requirement.

11:46:42 >> I do prefer to have some sort of amplified music or just

11:46:46 music in general in the same area, but it is going to be

11:46:49 more not in a service area but just a convenience, smoking

11:46:56 area.

11:46:56 >> So are you agreeing or not?

11:46:58 I didn't understand.

11:46:59 >> I think he's asking for daytime amplification.

11:47:03 Or some other limit on amplified music but not -- he's not

11:47:08 talking about loud rock and roll music.

11:47:11 He's talking about --

11:47:13 >> I would be willing to give up amplified music if it would

11:47:18 make it --

11:47:20 >>YVONNE CAPIN: On the patio, we are talking about outdoors.

11:47:22 >> On the patio.

11:47:24 >> You would be willing to have that specified in the site

11:47:27 plan.

11:47:28 >> Yes, ma'am.

11:47:30 >>YVONNE CAPIN: Thank you.

11:47:30 I appreciate that.

11:47:31 That was my question.

11:47:32 I just wanted to know if that patio was storage.

11:47:38 It's already existing.

11:47:40 >>STEVE MICHELINI: The patio existed, not improved, and the

11:47:43 storage area on the back, this is a developed building in a

11:47:47 developed commercial center, and they are talking about

11:47:49 taking out various units within the existing building.

11:47:54 So you will have inside renovations that will go on and some

11:47:59 outside to make the patio a little nicer venue.

11:48:13 >>YVONNE CAPIN: Thank you, Mr. Chair.

11:48:14 >>CHARLIE MIRANDA: Any other council members at this time on

11:48:16 item 51?

11:48:17 Anyone in the public care to speak on item 51, five one?

11:48:21 >>> Good morning, chairman and council members.

11:48:25 My name is Rob Kelley.

11:48:27 I'm the current president of Parkland Estates Civic Club

11:48:31 here on behalf of 300 homeowners that comprise our

11:48:34 neighborhood.

11:48:34 I have a letter to chairman and council I would like to

11:48:36 submit for the record.

11:48:42 Parkland Estates never received notice of this application

11:48:51 back in March and we were not present during the public

11:48:54 hearings at that time, but the board and the neighborhood is

11:48:57 strongly opposed to this request for several reasons, not

11:49:01 the least of which is the unprecedented expansion it

11:49:04 represents of this type of a business, this type of a use

11:49:08 west of Howard Avenue, now heading toward Armenia.

11:49:11 I know most of you are familiar with the immediate

11:49:13 neighborhood, but this block that is bounded on the north by

11:49:17 DeSoto, on the east by Howard, on the west by Armenia, and

11:49:20 of course Swann on the south, this is a block that

11:49:24 heretofore had no such use similar to what is being

11:49:27 proposed.

11:49:28 There are no restaurant, nightclubs operating until 2 a.m.

11:49:31 seven days a week on this block.

11:49:33 Moodies, which is the north-south street that bisects this

11:49:38 block fungs as a alleyway.

11:49:42 It's not a heavily traveled right-of-way but it will become

11:49:45 one if this is approved because all the traffic is going to

11:49:48 exit the site through moody.

11:49:50 The problem with this use, as I alluded to earlier, it's an

11:49:54 unprecedented expansion off of Howard Avenue Westward along

11:49:58 Swann, right at the doorstep of Parkland Estates.

11:50:01 It's not difficult to imagine that the next request is going

11:50:03 to be present towed by these business operators is to expand

11:50:07 west of Armenia into that commercial building that's

11:50:10 struggling on Swann between Armenia and Tampania.

11:50:13 We ask rhetorically, where is the line going to be drawn on

11:50:17 this type of use?

11:50:19 Moving off of Howard is an incompatible use for a

11:50:24 restaurant/nightclub operating until 2 a.m. with outdoor

11:50:28 seating capacity.

11:50:29 The parking problems with this site alone are enough in our

11:50:32 view to deny this request.

11:50:34 The site contains only 28 parking spaces.

11:50:38 This use alone requires 29, more than the entire site

11:50:41 presently has capacity for.

11:50:44 What is to happen to the other tenants in this center, the

11:50:48 pilates studio, the center which served as a quiet mom-pop

11:50:56 type service for 20 years.

11:50:58 We can't urge you strongly enough to deny this application

11:51:00 and hold the line of this type of business to Howard Avenue

11:51:03 where it should be.

11:51:05 Thank you very much for your consideration.

11:51:07 >>CHARLIE MIRANDA: Thank you, sir.

11:51:08 Anyone else in the audience care to speak on this item, item

11:51:10 number 51?

11:51:12 Please come forward.

11:51:12 >> My name is Greg Newman, 2421 Victoria lane, 33609.

11:51:24 I live on the property just north of where this proposed

11:51:29 restaurant/bar is going to be.

11:51:30 32 feet north.

11:51:32 So that means that every time people are hanging out in the

11:51:36 back, smoking, talking, watching games, cheering, I don't

11:51:40 care if it's at 9:00 in the morning or 10:00 at night, it's

11:51:44 like having a party in your backyard.

11:51:46 Daily.

11:51:47 This is what is planning on going forth and I think it's a

11:51:51 mistake.

11:51:52 We have a big enough problem in Hyde Park when it deals with

11:51:54 parking.

11:51:55 So now you are adding 100 more seats in there.

11:52:00 It has inadequate parking already so that means everyone has

11:52:03 been parking on the street going up and down those streets.

11:52:06 And we have special permits but we don't have enough for

11:52:09 parking for residents.

11:52:10 But there is not enough spaces as it is.

11:52:13 Only on Armenia Avenue to you have -- do you have places for

11:52:17 parking if you are a nonresident.

11:52:19 So you are going to have parking all over the place.

11:52:22 Plus the noise factor enough to vote this thing down.

11:52:24 This subpoena a mistake.

11:52:26 This should never have passed to begin with.

11:52:28 We are having right in the middle of a residential area, you

11:52:31 have this restaurant and a bar in there.

11:52:35 Right now, down the street from us, we have on Armenia

11:52:38 Avenue and Howard, you have the Lodge, two blocks down.

11:52:42 You can hear the music from the Lodge when they have a

11:52:45 sports event all hours of the night and frequently police

11:52:49 are being called to tell them to lower their music Y.I

11:52:51 should be inconvenienced when I bought that property seven

11:52:54 years ago.

11:52:54 I didn't have to worry about that.

11:52:56 Spent half a million dollars to live in this community.

11:52:58 If I would have known that I would have never bought there.

11:53:00 You can't move something into a place when residents are

11:53:03 already established and allow someone else to move in there

11:53:05 that disturb the entire neighborhood.

11:53:08 And we have other units in there, Kensington park as well.

11:53:11 I sit on the board of the homeowners association.

11:53:14 Tom Demerest is one of the board members, not the pretty

11:53:21 president, and he is not in favor either.

11:53:23 This is a mistake.

11:53:24 It should have been a small little sports bar and now they

11:53:26 are looking to expand, and outdoor seating and try to

11:53:30 accommodate you all by not allow people to smoke outside.

11:53:33 Eventually you are going see it expand and expand.

11:53:35 And these are very, very expensive town homes in that

11:53:40 community that are in there.

11:53:41 Thank you for your consideration.

11:53:42 >>CHARLIE MIRANDA: Thank you very much, sir.

11:53:43 Anyone else in the audience care to speak?

11:53:45 Please come forward.

11:53:45 >> I'm --

11:53:56 >> Were you sworn?

11:53:57 >> I have been.

11:53:59 3424 James circle, Tampa, South Tampa.

11:54:04 I have been around 75 years.

11:54:06 I have a lot of interest in that area that the applicant is

11:54:09 speaking of.

11:54:12 While the interest I have is a co-owner of a townhouse

11:54:16 adjacent to this, at the present time it's rented out.

11:54:20 I can tell you that my tenant is disturbed.

11:54:27 It's going to cost money.

11:54:28 I don't like that.

11:54:29 Somebody mentioned, what time you go to bed.

11:54:35 Maybe for me it's 6:00.

11:54:36 Maybe for somebody else it's midnight.

11:54:38 I surely did not, would not in any way want to be next to

11:54:41 that.

11:54:42 Having said that, our family, we have an interest in a

11:54:45 restaurant, 717 South Howard Avenue.

11:54:49 However, the parking area for that restaurant is on moody.

11:54:54 People come off of moody.

11:54:56 They park behind the restaurant.

11:54:59 PANERA's by our restaurant.

11:55:02 Right now people park at our restaurant area privately owned

11:55:05 property and they walk to the other restaurants.

11:55:07 We never have enough parking.

11:55:10 It's always a problem.

11:55:11 And if there's additional problem created, we have to hire

11:55:18 additional security.

11:55:19 And believe me it's not easy to police a parking lot.

11:55:22 People come in, they say, oh, we are going here, we are

11:55:24 going there.

11:55:26 So to me, there's just too much changes in this thing.

11:55:32 I don't remember getting any notices, period.

11:55:35 There are too many things changed to approve this.

11:55:37 I have no problem with competition but I do have a problem

11:55:39 with parking.

11:55:40 I know all of you have been down there and you know what the

11:55:43 problem is.

11:55:44 So for me, it's a multiple problem.

11:55:48 And I have multiple interests right in that area.

11:55:50 I wouldn't want to be living next to that.

11:55:52 I don't want people using the parking space that we have,

11:55:57 and pay taxes on.

11:55:58 So it's my suggestion, even though I know certain things

11:56:01 have been approved before, in this applicant's request,

11:56:06 doesn't mean it's necessarily right to continue on.

11:56:09 I would strongly recommend to start all over again, and have

11:56:14 something more reasonable to request.

11:56:20 >>CHARLIE MIRANDA: Next, please.

11:56:21 >>> Thank you all for the opportunity to speak.

11:56:25 My name is Tom Williamson and I am a homeowner at Vick to

11:56:28 tore yeah park, 2416 Victoria park, garden lane.

11:56:32 My home sits adjacent to the sports bar that's going to be

11:56:36 opened.

11:56:36 My bedroom to that wall to where I am standing is where the

11:56:40 wall of the bar is.

11:56:42 Now how am I supposed to go to bed at night when 3 a.m. in

11:56:45 the morning music is going to be coming from this bar

11:56:48 location.

11:56:49 The first process of this was it was going to be a small

11:56:52 restaurant, 30, 40 feet.

11:56:54 Now we are up to 100 seat restaurant, an area that can't

11:56:59 sustain the parking in that area.

11:57:01 Plus you have seven homeowners, or four homeowners on that

11:57:05 backside that are going to be affected by the music and the

11:57:08 noise.

11:57:09 I can tell you, I'm already affected by the noise, and I

11:57:12 accept that late night when cars are coming and people are

11:57:15 getting out of their vehicles, because I can hear

11:57:18 everything.

11:57:19 Prior to that, there was a band that used to practice every

11:57:22 night in that building, with acoustical sounds.

11:57:25 I could hear that music from my bedroom every night trying

11:57:29 to go to bed.

11:57:30 They did compensate me and stopped playing music at 10:00 at

11:57:33 night.

11:57:33 The building is very old.

11:57:35 It's not soundproof.

11:57:36 And this is a bad idea for us to have this type of building

11:57:41 or atmosphere in this location in town.

11:57:45 I have been in this location for seven years since it was

11:57:47 developed, and at that time one of my primary reasons for

11:57:52 buying, it was not zoned to serve liquor or alcohol.

11:57:55 So I ask you all to think of consideration and not consider

11:58:01 this.

11:58:01 It's a bad idea.

11:58:03 >>CHARLIE MIRANDA: Thank you very much, sir.

11:58:04 Next, please.

11:58:04 >>> My name is Paul Paluzzi. I reside at 2402 Victoria

11:58:11 Gardens Lane adjacent to the subject property.

11:58:13 I have not been sworn in.

11:58:15 I'm prepared to.

11:58:19 >>CHARLIE MIRANDA: Okay, Mr. Suarez, you had the wrong

11:58:20 individual.

11:58:20 (Oath administered by Clerk)

11:58:26 >> I have unique history of this property.

11:58:31 I'm a homeowner adjacent to where Mr. Williamson is, 32 feet

11:58:35 away from the proposed site.

11:58:36 I'm also a real estate developer that bought this adjacent

11:58:39 property in 2003 when it was formerly scaffolding industrial

11:58:45 center.

11:58:46 At the time I was a partner in a sports club operation on

11:58:49 South Howard Avenue.

11:58:50 One of the considerations we had was to move the sports pub

11:58:52 to this location.

11:58:54 As a responsible developer we reached out to the community.

11:58:56 We talked to the various homeowners associations.

11:58:59 We talked to the Catholic church.

11:59:01 We talked to the school.

11:59:02 And an overwhelmingly response to a negative.

11:59:05 We looked at the response of the homeowners.

11:59:08 We decided it was the right thing to do not to develop a

11:59:12 sports pub operation at this location.

11:59:15 I then turned around and talked to 39 homeowners eventually

11:59:18 over a period of about a year and a half as we decided to

11:59:22 develop this site who were buying homes like Mr. Williamson,

11:59:26 like Dr. Newman and assured them that anything going in next

11:59:29 door would require significant variances in order to turn in

11:59:33 to some sort of nightclub or large restaurant, and we didn't

11:59:36 think it was a concern.

11:59:40 We think it wrong to move forward with this type of change

11:59:42 of use.

11:59:42 Seems to be a lot of confusion over what was being done.

11:59:45 I personally was never approached by the developers to

11:59:47 discuss what was being done.

11:59:48 The first notice we saw appeared to be a notice to enhance

11:59:51 the existing use for the pizza restaurant.

11:59:55 Apparently, the city felt the notice wasn't accurate either

11:59:57 or appropriate either, and was asked to renotice.

12:00:01 I noticed in the last application, frankly I was a little

12:00:05 confused why there weren't more people voicing opposition to

12:00:08 this and I noticed in the last application that 250 that was

12:00:12 shown in the application was showing a property somewhere

12:00:16 between Adamo and the Crosstown.

12:00:18 And when I spoke to the church, when I spoke to the school,

12:00:20 they had no idea what was being proposed at this site, and

12:00:24 apparently already approved.

12:00:26 Although again there still seems to be some confusion on my

12:00:29 part anyhow, the last application that's in front of the

12:00:31 council right now indicates there's no outdoor seating at

12:00:34 this location, and yet Mr. Michelini is indicating that

12:00:36 that's already been approved.

12:00:38 Mr. Michelini also indicated he's had some conversations

12:00:41 with Mr. Demerest, a partner at Victoria park homeowners

12:00:48 association.

12:00:48 I believe council members have an e-mail from Mr. Demerest

12:00:53 Saturday where he states he's not in favor of the changes

12:00:56 being proposed.

12:00:56 He's been reaching out to the developers and has not heard

12:00:59 back from them really relevant to some of the things that

12:01:02 were discussed last time around.

12:01:03 I have a copy of that e-mail I could read from if you

12:01:06 prefer.

12:01:06 But I believe all the council members were recipients to

12:01:09 that e-mail yesterday arch.

12:01:11 So I ask respectfully that we clear up any confusion and not

12:01:14 approve the variances that are being asked in order to put

12:01:17 in a larger restaurant public operation, 32 feet away from

12:01:22 the homeowners' bedroom windows.

12:01:25 >>CHARLIE MIRANDA: Thank you very much.

12:01:25 Anyone else like to speak on this item, 51?

12:01:29 >> I'm Anne Pittman.

12:01:33 I have not been sworn in.

12:01:34 (Oath administered by Clerk)

12:01:38 I'm Ann Pittman, I live at 2615 Parkland Boulevard, and I'm

12:01:46 here with representing Parkland Estates.

12:01:52 First and foremost, I don't always understand the things

12:01:55 that come in the mail.

12:01:56 And I read them and I try to understand.

12:01:59 They are complicated.

12:02:01 You can't always understand what is exactly at stake.

12:02:06 It's not my job.

12:02:07 First and foremost I'm a mother.

12:02:09 What this really reminds me of as I'm watching these

12:02:12 proceedings, it seems like the applicant reminds me of my

12:02:16 kids when all they do is say push.

12:02:18 They push for a little bit more every time.

12:02:21 They are testing the boundaries.

12:02:23 Every time they come up here they ask for a little bit more.

12:02:25 They want the rule to change just a little bit so they can

12:02:28 get an edge.

12:02:29 And they sort of misrepresent.

12:02:32 I don't know if they do it on purpose or not.

12:02:34 Because like I said, it's a little complicated for me to

12:02:37 understand.

12:02:38 But it's so frustrating, very frustrating as a homeowner.

12:02:44 We have got a lot of neighbors who watch this push westward

12:02:51 from Howard, as these businesses, these restaurants and

12:02:54 bars, which we love restaurants and bars, but we would like

12:02:57 to see a whole scope of services and types of businesses

12:03:04 represented and not just over and over again bars and

12:03:06 restaurants.

12:03:09 But this isn't the right place, this is not the right place

12:03:11 for them.

12:03:12 The parking problems alone are just -- they are

12:03:15 inconsistent.

12:03:17 I said, why are we talking about this?

12:03:19 It says inconsistent.

12:03:20 It's inconsistent.

12:03:21 They need more parking than they have.

12:03:23 And one of the solutions is they are going to sort of have

12:03:33 parking from businesses that only have daytime business, buy

12:03:36 nighttime parking from these different doctors' offices, but

12:03:40 all that does is push the people further away from their

12:03:42 business and closer to me, closer to my neighbor.

12:03:46 It's not fair.

12:03:47 And I feel like they are taking advantage of you, pushing

12:03:51 you, pushing you, pushing you.

12:03:53 Please don't approve this.

12:03:56 Thank you.

12:03:57 >>CHARLIE MIRANDA: Thank you very much.

12:03:58 Anyone else who has not ESPN spoken who would care to speak

12:04:01 to this item, 51?

12:04:03 Petitioner, you have five minutes for rebuttal.

12:04:09 I'm going to ask council to give me an additional 15 minutes

12:04:12 if needed.

12:04:15 Motion by Mr. Cohen, second by Mr. Suarez.

12:04:18 All in favor?

12:04:20 Opposed?

12:04:20 The ayes have it unanimously.

12:04:21 >>STEVE MICHELINI: When I appear before you and tell you

12:04:24 that I have had a conversation with an individual Tom

12:04:27 Demerest, he was the one who asked for a 10 p.m. limit on

12:04:34 outdoor music which we immediately agreed to and said on the

12:04:37 site plan.

12:04:38 That is when the first ordinance was approved for this.

12:04:40 He called me a couple weeks ago when he got the other

12:04:43 notice, and he asked me, what's going on?

12:04:46 And I told him exactly what I told you, that the approval

12:04:50 that we originally received in March was being modified to

12:04:54 accommodate one of the other tenants in the strip center

12:04:59 where they miscalculated the parking waivers being

12:05:02 requested.

12:05:02 It wasn't to expand the restaurant.

12:05:06 Our interest in expanding the alcoholic beverage area is

12:05:10 only to qualify for an SRX license.

12:05:13 If the council doesn't want us to do that, we can certainly

12:05:17 reduce it back to the original square footage that was

12:05:20 approved by you all in March.

12:05:23 Our main request is to accommodate the other tenant in the

12:05:27 building who now finds himself without the additional

12:05:30 parking that they are required to have.

12:05:34 This is mainly an evening operation.

12:05:36 This is not a daytime operation.

12:05:38 And we proposed that to the city in various letters

12:05:41 indicating that we had staggered times, where they were

12:05:44 going to have shared parking, and those sorts of things, but

12:05:48 the requirement still stands.

12:05:50 You have to have the required parking for the facility that

12:05:56 you are proposing.

12:05:57 One of the other issues was that we came up with was when

12:06:02 you have the employee parking, where are they going to be?

12:06:05 And those parking places have been leased now for over four

12:06:08 months.

12:06:09 We have been going back through the process.

12:06:11 We requested a waiver for parking.

12:06:16 Transportation department in their normal manner they object

12:06:18 to.

12:06:19 And that's fine.

12:06:19 We understand that.

12:06:20 But there is nothing different before you today that wasn't

12:06:24 before you back in March that was approved, or was before

12:06:28 you a month or so ago, couple months ago that was approved

12:06:32 then, and there is no more music or any other things that

12:06:35 are going to be proposed here that are going to

12:06:39 inconvenience anyone.

12:06:40 It is a restaurant.

12:06:41 I don't know where the bar issue came from.

12:06:44 The limits on the hours of operation have always been there.

12:06:47 They didn't change.

12:06:50 The build-out for the facility still has to occur.

12:06:53 That hasn't happened yet.

12:06:54 And if there are soundproofing measures that the council

12:06:57 would like us to see incorporated into that, we can

12:07:00 certainly do that.

12:07:04 The movement westward -- and is he somebody gets up and they

12:07:08 talk about their encroachment into a residential area, there

12:07:11 is no access to the residential area except for half a mile

12:07:15 west, and then you go another half mile to the east, and

12:07:19 then south.

12:07:20 So traffic is not going to be driving down Armenia, to

12:07:26 Swann, and turning left or right and then going down MacDill

12:07:29 to get into Parkland Estates to park.

12:07:31 It's not gonna happen.

12:07:36 We have mitigated every conceivable concern that anyone

12:07:39 might have regarding this property.

12:07:41 And if there are certain considerations that council would

12:07:44 like us to see incorporated in this, we are certainly

12:07:48 agreeable to incorporate them into this site plan.

12:07:51 We have already removed amplified music from the exterior,

12:07:55 and that will be showing up on our revised site plan coming

12:07:58 back to you should you approve this.

12:08:01 But as it sits right now, the restaurant is approved.

12:08:06 What's not approved is the waiver for the seven spaces that

12:08:09 accommodate another tenant in the building and the

12:08:12 additional square footage to qualify for the SRX license.

12:08:17 So the council decides, your decision is to deny this.

12:08:23 The rest will go away.

12:08:26 The other tenant in the building suffers, not the

12:08:29 restaurant.

12:08:30 The same number of seats are there.

12:08:31 The same waivers are there for the restaurant.

12:08:33 They remain in place.

12:08:34 And you can certainly get the confirmation of that from the

12:08:37 staff.

12:08:39 We are respectfully requesting this waiver to accommodate

12:08:43 the other tenant and to help us make the site plan correct.

12:08:47 The err was discovered after the second reading.

12:08:52 If we hadn't discovered it after the second reading it

12:08:54 wouldn't be there.

12:08:55 We could have corrected it then.

12:08:57 We appreciate your favorable consideration.

12:08:59 >>CHARLIE MIRANDA: Thank you very much.

12:09:01 Council members.

12:09:01 Yes, sir, Mr. Suarez.

12:09:02 >>MIKE SUAREZ: Mr. Michelini, how did the mistake -- how

12:09:06 did that happen?

12:09:08 I know that you are careful and our folks are pretty careful

12:09:11 about parking spaces in relation to what the requirements

12:09:15 are, and seven spaces is not a huge number, but still, you

12:09:19 know, if it was approved before, how did we miss it or how

12:09:25 did you miss it?

12:09:26 >> The difference was when the engineers were calculating

12:09:28 the required number of spaces, they calculated the pilates

12:09:35 studio as a warehouse instead of a recreation sports

12:09:38 facility for workout.

12:09:40 And the difference between the multiplication and the

12:09:43 calculations is where the seven spaces came from.

12:09:46 >> Okay, I heard somebody talk about arithmetic last night.

12:09:50 Was it arithmetic or somebody couldn't read the sign?

12:09:54 How do you confuse --

12:09:59 >>STEVE MICHELINI: When do you the research and pull the

12:10:01 uses up on the computer, they show a certain use.

12:10:04 They show warehouse use.

12:10:05 When you go and actually visit the site, it's very clear

12:10:08 that there's a pilates studio there.

12:10:11 >> So they look on the computer and they didn't go over to

12:10:14 the facility, they made a mistake there.

12:10:17 The city didn't catch that mistake either.

12:10:18 Is that what you are saying?

12:10:21 >>STEVE MICHELINI: I think there was some discussion about

12:10:23 it but it wasn't incorporated into the final site plan.

12:10:25 >> So the discussion prior to second reading the first time

12:10:29 this was approved, nobody thought about this being a

12:10:32 requirement?

12:10:34 >>STEVE MICHELINI: I don't think it became an issue until

12:10:36 after the second reading when the permits were being applied

12:10:39 for, and an application was submitted, and they said, you

12:10:43 know, the restaurant has the waivers, but the pilates studio

12:10:52 didn't.

12:10:52 >> You know, you are asking for an additional seven spaces

12:10:56 but other things.

12:10:57 Obviously if you are going to go and get a rezoning you are

12:10:59 going to change some other aspects of it.

12:11:01 So it's not just the seven spaces, correct?

12:11:04 >>STEVE MICHELINI: No, sir.

12:11:05 All the other waivers have been granted by you previously.

12:11:08 The only thing that has changed as I said are the seven

12:11:13 spaces and the increase in square footage and the increase

12:11:17 in square footage was the storage area in back.

12:11:19 >> So the storage area in back, and the incorporated indoor

12:11:23 area for the restaurant, correct?

12:11:24 >> For indoor storage, correct.

12:11:26 >> It's only going to be indoor storage?

12:11:29 >>STEVE MICHELINI: Correct.

12:11:31 >>MIKE SUAREZ: But its use for that designation, correct?

12:11:36 >>STEVE MICHELINI: Correct.

12:11:36 It helps you with the SRX license.

12:11:39 >> So it's not incumbent upon it being actual space in which

12:11:43 people eat, it is only the square footage of the building?

12:11:46 >>STEVE MICHELINI: No, I it's not serving food, it's dry

12:11:51 storage and a locker for alcohol.

12:11:55 >> I guess my question is the state requirement isn't that

12:11:59 it be 4 that you square feat square feet of serving area or

12:12:03 even kitchen area.

12:12:04 It has to be a footprint of 4,000 square feet?

12:12:07 >>STEVE MICHELINI: 4,000 square feet gross.

12:12:09 >> And you are sure about that?

12:12:11 Because if we zoned it now you wouldn't be coming back

12:12:14 again, I don't think, would you in.

12:12:15 >>> No, sir.

12:12:16 We have been dealing with this for a while, and we have gone

12:12:18 through this, and the staff has scrutinized the plan.

12:12:22 We have a plan which is correct and accurately reflects the

12:12:26 conditions on the site.

12:12:26 >> That's what you said the last time.

12:12:28 >>STEVE MICHELINI: I wasn't --

12:12:34 >> Well, not necessarily you but when it came before us the

12:12:36 first time.

12:12:37 I guess my point, Mr. Michelini, not to beat you up a little

12:12:40 bit on this, but when we zone these things, we do try to

12:12:43 look at it as carefully as we can and we do try to figure

12:12:46 out where it's going to be placed in relation to what the

12:12:48 use is and the neighborhood feelings and concerns about

12:12:54 safety, transportation, parking and so on.

12:12:56 So when you come back -- and I think this is in March this

12:13:00 originally came up?

12:13:02 >>STEVE MICHELINI: Yes, sir.

12:13:03 >>MIKE SUAREZ: Was it in March?

12:13:05 >>STEVE MICHELINI: Yes, sir.

12:13:06 >>MIKE SUAREZ: We are only a few months removed from that A

12:13:10 and now looking at a different site plan.

12:13:12 Again I know you are saying it just the seven spaces, but we

12:13:15 are doing something else, too.

12:13:16 We are not just doing the seven spaces.

12:13:17 >>STEVE MICHELINI: The seven spaces and the traffic

12:13:20 circulation plan is identical.

12:13:23 The spaces were required under the original plan.

12:13:26 They weren't accommodated on the site plan.

12:13:30 >>MIKE SUAREZ: I understand that.

12:13:32 But the use is different in the sense of the number of

12:13:36 square footage that you are adding onto it.

12:13:38 And I know that you are only adding on to this state

12:13:41 requirement, but there's no way for us to really check it as

12:13:45 to what that's going to mean.

12:13:46 So again, it is a different change, and that's all the point

12:13:49 I wanted to make, was that it's more than just the seven

12:13:52 spaces.

12:13:52 It is also about the change -- excuse me, the expansion of

12:13:56 the restaurant, not the change of use.

12:13:59 >>STEVE MICHELINI: Right.

12:14:01 It expands by about 560 some square feet.

12:14:08 >>CHARLIE MIRANDA: I have Ms. Mulhern and Mrs. Capin.

12:14:10 >>MARY MULHERN: I think this is about the parking spaces.

12:14:19 I am confused because waiver number 3 says reduce the

12:14:23 required number of parking spaces from 45 to 28, right?

12:14:29 So this application is asking for a waiver of reduction of

12:14:34 28 spaces.

12:14:35 Is that correct?

12:14:38 >>STEVE MICHELINI: Actually 52.

12:14:40 >> I brought the certified plan from March, I think, so you

12:14:49 can look at the restaurant difference, square footage and

12:14:51 parking.

12:15:09 >>JOEL SOUSA: Previously we did not recognize the pilates

12:15:13 studio because if you are not permitted we cannot recollect

12:15:15 nice you on the site plans.

12:15:17 What happened between March and then June is that the

12:15:19 petitioner tried to correct the situation.

12:15:23 Evidently there's an existing pilates studio and they

12:15:28 slightly increased the square footage.

12:15:30 The occupant load has increased slightly for the restaurant,

12:15:33 possibly due to the extra square footage.

12:15:36 So that's why you are seeing the occupant load and the

12:15:40 parking spaces change.

12:15:42 So actually, you need a parking space for the restaurant

12:15:47 because of the 4,000 square feet.

12:15:49 It originally starts at 2900.

12:15:51 Now they are up around 4,000.

12:15:54 Even though a lot of that is storage and it's not calculated

12:15:57 as true occupancy, it still counts against him.

12:16:00 So he is in a little conundrum and he's asking to help him

12:16:05 out.

12:16:07 But there is a previous -- occupant loped of 91 and now he's

12:16:13 up to 13.

12:16:16 He was originally approved for 23 parking spaces and now

12:16:20 requires 29.

12:16:20 >>MARY MULHERN: So how many additional parking spaces?

12:16:35 Here's is what I don't understand.

12:16:37 Okay.

12:16:37 He's adding another thousand square feet, okay?

12:16:42 So at this point, you are saying some of it is going to be

12:16:45 used for storage.

12:16:46 But we approved the parking waivers, and if that changes,

12:16:54 there won't be an opportunity to, you know --

12:16:57 >> Well, we can make that a condition of the placard which

12:17:00 is now part of our process now.

12:17:02 So we can allocate -- and we probably will, with your

12:17:06 permission -- make sure that he allocates that space for

12:17:09 true storage area.

12:17:12 Along with this site plan that will be on-site.

12:17:14 >>STEVE MICHELINI: If I could clarify a little more.

12:17:22 The storage area lind the kitchen, in order to use that for

12:17:25 dining area, they would have to go behind and through the

12:17:27 kitchen and into the dry storage area.

12:17:32 In an operation you typically would not do that.

12:17:35 But I understand it's confusion.

12:17:39 The original waiver that you already granted was 45 to 28,

12:17:43 and the one that's before you today is 352 to 28.

12:17:47 And that's why I said the change is for the parking spaces.

12:17:53 And if you don't like the square footage issue, we can go

12:17:59 back to the original footprint.

12:18:00 What it means is that you can't qualify for a restaurant

12:18:02 license with the state.

12:18:04 And we were trying to make sure that it remained a

12:18:07 restaurant as opposed to trying to have somebody look at it

12:18:14 as something other than a restaurant.

12:18:18 >>CHARLIE MIRANDA: Ms. Capin.

12:18:20 >>YVONNE CAPIN: Thank you, Mr. Chairman.

12:18:21 (off microphone).

12:18:27 >>STEVE MICHELINI: Yes, all those waivers are previously --

12:18:30 >>YVONNE CAPIN: They were previously.

12:18:31 But it was again because you are adding that square foot

12:18:37 knowledge a, correct?

12:18:39 So you are functioning with 78 feet and 32 feet right now.

12:18:44 >>STEVE MICHELINI: Correct.

12:18:46 All the waivers that you see there including the isle

12:18:49 width --

12:18:50 >>YVONNE CAPIN: Wait, wait.

12:18:55 Are they functioning with 78 feet of separation and 32 feet

12:18:59 separation?

12:19:02 >> Joel Sousa: Yes, ma'am.

12:19:05 >> So this is a functioning restaurant right now.

12:19:07 So this not new.

12:19:09 It's trigger because of the square footage.

12:19:11 The square footage is because the owner needs the had

12:19:17 thousand square feet in order to apply to the state.

12:19:21 But it is an existing restaurant now.

12:19:25 >> By council's approval, yes, ma'am.

12:19:29 >>YVONNE CAPIN: And we can ask that it be put on the site

12:19:31 plan that that square footage be storage, and if it is on

12:19:35 the site plan, it could be added to the safety placard that

12:19:41 goes up starting next month.

12:19:46 I'll call it beverage permit serving.

12:19:47 >>> Absolutely.

12:19:50 >>YVONNE CAPIN: The other thing is, so you are functioning

12:19:53 with 23 spaces instead of 28?

12:19:56 Is that what is being functioned?

12:20:01 >>BOB McDONAUGH: By approval in March, yes, ma'am.

12:20:03 >> 23.

12:20:05 So now you are saying you need -- oh, and the larger number

12:20:11 was because of the square footage?

12:20:15 >> Yes, ma'am.

12:20:16 >>YVONNE CAPIN: The restaurant served 91 and now is serving

12:20:20 113.

12:20:21 How did that happen if it becomes the square footage?

12:20:24 >> It didn't.

12:20:25 It went up.

12:20:26 The storage, because of the way you calculate the seats,

12:20:31 it's a certain number of seat allocated per square foot.

12:20:34 As you add square footage regardless of the, why even if

12:20:37 it's storage, you still have to use a multiplier.

12:20:40 The number of seats in the restaurant that are actually

12:20:43 serving for people to dine hasn't changed.

12:20:48 But by the city's calculation, because we have to use the

12:20:52 life safety code to measure seats, and you do a

12:20:56 multiplication.

12:20:57 That's how we got in this issue in the first place regarding

12:20:59 the shortage on the parking.

12:21:03 And we didn't catch all of the multiplications.

12:21:06 >>YVONNE CAPIN: I appreciate that.

12:21:07 >>STEVE MICHELINI: That had to occur.

12:21:09 >>YVONNE CAPIN: You are an expert.

12:21:13 >>> We have not received a true floor plan so basically we

12:21:16 are going off the word of the applicant and would recommend

12:21:20 per the placard program to hold them to the occupant load,

12:21:24 since we do not have an actual floor plan to justify the

12:21:26 numbers.

12:21:32 >>YVONNE CAPIN: We hold them to the occupant load?

12:21:36 >>> We only do calculations that have not been presented to

12:21:39 us at this time.

12:21:41 >>YVONNE CAPIN: That is done by the fire marshal, correct?

12:21:44 >>> Yes, ma'am.

12:21:47 >>YVONNE CAPIN: And the fire marshal requested on that

12:21:49 placard is that number?

12:21:51 It's the fire marshal's number that is -- no, the fire

12:21:54 marshal has its own -- I'm sorry, its own placard.

12:22:00 Thank you.

12:22:01 Yes.

12:22:01 So that is posted?

12:22:03 >> Yes, it is.

12:22:06 >> We are stipulating to that as well.

12:22:12 >>YVONNE CAPIN: Now, the 11 to 10-foot aisle, is that

12:22:16 existing?

12:22:18 >>STEVE MICHELINI: Yes.

12:22:20 >>YVONNE CAPIN: And then allowing access onto Moody Avenue,

12:22:23 that's existing?

12:22:25 Okay.

12:22:27 Thank you.

12:22:28 >>CHARLIE MIRANDA: I need an additional 15 minutes.

12:22:30 Just a second, please.

12:22:32 I want the record to be perfect.

12:22:35 I have a motion by Mr. Cohen, second by Mrs. Mulhern for an

12:22:38 additional 15 minutes.

12:22:39 All in favor of the motion?

12:22:41 Opposed nay?

12:22:42 The ayes have it.

12:22:42 >>REBECCA KERT: The restaurant is not currently open and

12:22:50 operating but it is in fact approved as was stated.

12:22:54 >>YVONNE CAPIN: Thank you.

12:22:54 >> Any other questions, Mrs. Capin?

12:23:00 >>YVONNE CAPIN: That's it.

12:23:01 Thank you very much.

12:23:02 >>CHARLIE MIRANDA: Any other council members at this time?

12:23:03 Okay, we have heard from the neighborhood.

12:23:05 We have the petitioner speak.

12:23:08 And he had five minutes of rebuttal.

12:23:11 And it's time to close the hearing.

12:23:12 >>STEVE MICHELINI: If I could make one statement, chairman.

12:23:17 We are stipulating that we are agreeing to the occupancy

12:23:19 load as shown on the site plan as the storage area, main

12:23:25 storage and used as such, and that there be no amplified

12:23:29 music exterior on the patio at any time.

12:23:37 >>CHARLIE MIRANDA: Need a motion to close the hearing.

12:23:38 I have a motion by Mr. Cohen to close.

12:23:40 Second by Mr. Suarez.

12:23:42 All in favor of the motion please indicate by saying aye.

12:23:44 Opposed nay.

12:23:45 The ayes have it unanimously.

12:23:48 Somebody wants to read the ordinance?

12:23:49 It's right in front of us.

12:23:51 351.

12:24:02 Well, I have to get something done here or we'll be here all

12:24:05 day.

12:24:06 Got to read it.

12:24:08 You don't have to read it but if you want to read it.

12:24:10 >>FRANK REDDICK: Read an ordinance for first reading

12:24:20 consideration, an ordinance repealing ordinance 2012-25,

12:24:24 proving a special use permit S-2 for alcoholic beverage

12:24:28 sales, restaurant on premises only and making lawful the

12:24:31 sale of beverages regardless of alcoholic content, beer wine

12:24:34 and liquor, on that certain lot, plot or tract of land

12:24:38 located at 610 south Armenia Avenue, Tampa, Florida as more

12:24:41 particularly described in section 3, that all ordinances or

12:24:45 parts of ordinances in conflict are repealed, providing an

12:24:48 effective date.

12:24:50 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

12:24:51 Do I have a second?

12:24:56 Motion dies for lack of a second.

12:24:59 So I need another motion on the floor.

12:25:01 Ms. Mulhern.

12:25:02 >>MARY MULHERN: I am going to move to deny the request, and

12:25:12 a finding of inconsistency, and the request of the waivers

12:25:17 specifically parking, and based on -- I can't find my

12:25:29 number -- but based on 27-269 of the Tampa city code that --

12:25:37 and 27-242, find the parking reduction to be excessive.

12:25:46 I think just the fact that this is not consistent with the

12:25:50 contiguous area, and I think the waiver, especially of the

12:25:55 distance separation because of the increased intensity that

12:26:01 we have with this.

12:26:01 And I just want to also point out too, that there's a lot of

12:26:07 confusion because of the incremental way that all of these

12:26:11 changes were requested.

12:26:14 It was very difficult for the neighborhood to even know what

12:26:17 was being requested.

12:26:19 And what I do remember from the previous hearings was

12:26:23 confusion on our part, which still -- not confused anymore,

12:26:29 I'm just convinced that this isn't compatible with the

12:26:32 surrounding neighborhood, and that it will set a bad

12:26:35 precedent as we continue to approve more bars and

12:26:40 restaurants without the parking necessary, and really

12:26:45 encroaching on the neighborhoods.

12:26:48 And I think that the residential neighborhoods are right

12:26:52 there.

12:26:53 We heard from the people who live in those condos, and rent

12:26:57 those condos today, that it's becoming too much.

12:27:01 >> I'll second that.

12:27:05 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Mr.

12:27:09 Suarez.

12:27:10 Further discussion by council members?

12:27:11 All in favor say aye.

12:27:12 Opposed nay.

12:27:13 Motion passed unanimously.

12:27:15 Thank you all very much for attending.

12:27:18 All right.

12:27:18 We go to item 352 cannot be heard.

12:27:22 It's on.

12:27:23 Yes, sir.

12:27:23 >>MARTIN SHELBY: Mr. Chairman, I would ask that you rescind

12:27:26 that motion to open and remove it from the agenda because it

12:27:29 is already being rescheduled for a future date.

12:27:31 >>CHARLIE MIRANDA: I need a motion by council members to

12:27:34 rescind that motion.

12:27:36 I have a motion by Mrs. Mulhern, second by Mr. Suarez.

12:27:40 All in favor?

12:27:40 The ayes have it unanimously.

12:27:42 Also to move this now, to be rescheduled so no need to do

12:27:47 that.

12:27:47 It will automatically come back up October 18th.

12:27:50 So if anyone is in the audience, and we did get a couple

12:27:53 letters on this, I know I did, and I'm sure other council

12:27:56 members have.

12:27:57 All right.

12:27:57 We go to information reports and new business by council

12:28:01 members from left to right.

12:28:02 Mr. Cohen.

12:28:07 Thank you very much.

12:28:08 Mrs. Mulhern.

12:28:09 Mr. Reddick.

12:28:10 >>FRANK REDDICK: I just have a couple items that I just

12:28:14 wanted to be real brief.

12:28:18 We all can celebrate now that the RNC is no longer with us,

12:28:26 and get about our business downtown.

12:28:28 But I just want to provide a commendation to chief Jane

12:28:37 Castor, chief Tom Forward, and also the chair of the local

12:28:44 host committee.

12:28:46 Everybody deserves recognition who played a role in this,

12:28:50 and making sure and I would like to present them a

12:28:55 commendation on September 20th at the 9:00 meeting.

12:29:00 >> Motion by Mr. Reddick, second by Mr. Cohen.

12:29:02 Discussion?

12:29:04 All in favor of the motion?

12:29:05 Opposed?

12:29:06 Motion passes unanimously.

12:29:09 Anything else?

12:29:10 >> That's it.

12:29:11 >> Thank you very much.

12:29:12 Ms. Capin?

12:29:14 >>YVONNE CAPIN: Yes, thank you.

12:29:15 Councilman Reddick, no commendation for City Council and the

12:29:20 blood, sweat and tears?

12:29:23 [ Laughter ]

12:29:25 No one on Tampa City Council in this whole process.

12:29:27 We approved every penny.

12:29:30 [ Laughter ]

12:29:36 Anyway, thank you.

12:29:38 Yes, sir.

12:29:39 I would like to make a motion to present a commendation to

12:29:42 the Humane Society of Tampa Bay on the occasion of the grand

12:29:46 opening of their animal health sent to be presented this

12:29:51 evening at their ribbon cutting.

12:29:54 >> Second by Mr. Suarez.

12:29:56 All in favor?

12:29:56 The ayes have it unanimously.

12:29:58 Anything else?

12:30:00 Mr. Suarez?

12:30:01 >>MIKE SUAREZ: Yes, sir.

12:30:01 I have several things.

12:30:02 First is I would like to put on the agenda for our September

12:30:08 27th regular session the agreement for Tampa historic

12:30:13 streetcar, approving their budget as part of the TRI-party

12:30:20 agreement that we have with Hart, ourselves and THS, I guess

12:30:26 at 10:00 to be approved as a resolution.

12:30:29 >> I have a motion by Mr. Suarez, seconded by Mr. Cohen.

12:30:31 All in favor of the motion?

12:30:34 Opposed nay?

12:30:35 The ayes have it unanimously.

12:30:36 >> Secondly, I would like to ask the council to approve a

12:30:40 commendation to the 2011 mayor youth corps members for their

12:30:46 first place win at the youth League of Cities video

12:30:50 competition, presenting how the youth corp works, create

12:30:53 positive impact with city residents and the City of Tampa,

12:30:56 and that's to be presented at that same September 27th

12:30:59 meeting.

12:31:00 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr.

12:31:03 Mulhern.

12:31:04 All in favor?

12:31:05 Opposed?

12:31:05 It will be at the same time as the others.

12:31:07 >>MIKE SUAREZ: Yes, beginning I guess 9 a.m. for

12:31:11 ceremonies.

12:31:13 >>CHARLIE MIRANDA: Yes.

12:31:13 >>MIKE SUAREZ: I would also like to have a 15-minute

12:31:16 presentation, if City Council approves, to allow 15 minute

12:31:21 presentation from Tampa Bay wave for U.S. department of

12:31:26 economic administration, 2012 I-6 challenge grant.

12:31:30 If awarded this will bring $1 million to the investment

12:31:32 within the City of Tampa and allow Tampa Bay WaVe and its

12:31:35 collaborative partnership to foster innovation and

12:31:38 entrepreneurship in our city.

12:31:39 And they also would like to present on the 27th at 10

12:31:44 a.m.

12:31:46 >>CHARLIE MIRANDA: Motion by Mr. Suarez.

12:31:47 Seconded by both Mr. Reddick on a close vote, Councilman

12:31:59 Cohen.

12:31:59 All in favor?

12:32:00 The ayes have it unanimously.

12:32:01 >>MIKE SUAREZ: I have one more.

12:32:03 Last is that approve accommodation to boy scout, Scott

12:32:09 Randall, Patrick McLaren of Troop 47 obtaining the rank of

12:32:14 Eagle Scout.

12:32:15 Randall will be having the court of honor on October

12:32:19 27th of this year.

12:32:21 >> Seconded by Mr. Cohen.

12:32:23 All in favor?

12:32:24 The ayes have it unanimously.

12:32:25 Yes, sir.

12:32:25 >>MARTIN SHELBY: City Council, I have been corrected by

12:32:28 deputy clerk Marshall.

12:32:29 I was incorrect on item 52.

12:32:32 It does need council action to reschedule it to October

12:32:35 18th, 2012 at 10:30 a.m.

12:32:40 >> So moved.

12:32:41 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick?

12:32:43 No, Mr. Cohen.

12:32:45 Second by Mr. Suarez on that motion.

12:32:47 For that time and date.

12:32:48 All in favor of the motion please indicate by saying aye.

12:32:50 Opposed nay.

12:32:52 The ayes have it unanimously.

12:32:54 Okay.

12:32:55 Anyone in the audience care to speak on this council on any

12:32:59 subject matter? All 500 of you can come up.

12:33:01 I see no one.

12:33:03 Motion to receive and file by Mr. Reddick.

12:33:05 Second by Mr. Suarez.

12:33:06 All in favor of the motion? Opposed? The ayes have it

12:33:09 unanimously.

12:33:10 Anything else to come before this council? We stand

12:33:12 adjourned.



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