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Tampa City Council

Thursday, March 7, 2013

9:00 a.m. Session


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09:06:59 >>CHARLIE MIRANDA: City Council is called to order.

09:07:00 The chair yield to Mr. Mike Suarez.

09:07:02 >> Thank you, chair.

09:07:04 I'm here to introduce -- luckily my priest, my pastor,

09:07:08 father Len.

09:07:09 And I am not going to pronounce your last name right.

09:07:12 It's Plaweski.

09:07:16 Well, you know, I'm close.

09:07:17 He's a native of San Antonio, Florida, attended Catholic

09:07:21 parochial schools and graduated from Jesuit high school in

09:07:25 Tampa.

09:07:25 Go tigers.

09:07:26 He entered St. John Seminary in Miami, earned a BA in

09:07:31 philosophy, attended Saint Vincent Paul, and master of arts

09:07:38 in theology.

09:07:39 Father Len was ordained a priest in St. Petersburg in 1991.

09:07:43 He served as parochial victor at Saint Anthony's

09:07:48 Brooksville, and then Corpus Christi, Temple Terrace from

09:07:52 1993 to 199.

09:07:53 From '98 to 2010 he served as director of vocations for the

09:07:57 Diocese of St. Petersburg.

09:07:58 (Baby cries)

09:07:59 I know I cry sometimes when he's speaking at church.

09:08:04 He also served two terms as president of the national

09:08:07 council of vocation director.

09:08:10 Since 2011 he has been assigned to Christ the King as

09:08:14 parochial victor and then Christ the king in 2012, and he is

09:08:18 a great, huge Tampa Bay Lightning fan.

09:08:21 And of course nothing makes him happier to know that they

09:08:26 beat the Devils this past weekend.

09:08:28 So Father Len, if you will come up.

09:08:30 Please stand for the invocation and remain standing for the

09:08:33 pledge of allegiance.

09:08:35 >> Let us bow our heads in prayer.

09:08:38 He would come before you conscious of the limitations and

09:08:41 imperfection, come to us, enlighten our hearts.

09:08:44 Give us life and strength.

09:08:46 Know your will to make it our own, to live it in our lives.

09:08:49 To guide us about I your wisdom, support us by your power,

09:08:53 for you are God.

09:08:55 We desire justice for all and enable us to not allow us to

09:08:59 be misled by ignorance or fear or favor.

09:09:05 Keep us faithful to all that is true.

09:09:09 May we temper justice with love, that all our decisions may

09:09:13 be pleasing to you, and promise to good and faithful

09:09:17 service.

09:09:18 Bless our beloved city, this council, its leaders, and all

09:09:22 who visit that we may hair in the abundant blessings of

09:09:27 prosperity, justice and peace, we make this prayer in your

09:09:30 holy name.

09:09:31 Amen.

09:09:32 [ Pledge of Allegiance ]

09:09:34 >>CHARLIE MIRANDA: Roll call.

09:09:57 >>MIKE SUAREZ: Here.

09:09:58 >>YVONNE CAPIN: Present.

09:09:58 >>FRANK REDDICK: Here.

09:09:59 >>MARY MULHERN: Here.

09:10:01 >>HARRY COHEN: Here.

09:10:02 >>LISA MONTELIONE: Here.

09:10:03 >>CHARLIE MIRANDA: Here.

09:10:06 Need a motion for approval of minutes of February 21st.

09:10:10 I have a motion by Mrs. Capin, seconded by Mr. Cohen.

09:10:14 All in favor of the motion?

09:10:16 Opposed nay?

09:10:17 The ayes have it unanimously.

09:10:22 We have a few items of ceremonial activities.

09:10:25 And let me say that we don't have an addendum, so we have

09:10:29 some items here that I think we should discuss before we go

09:10:31 into ceremonial, and that is item -- it's on the ceremonial,

09:10:40 Ms. Montelione, there's one you would like to have removed

09:10:43 and rescheduled?

09:10:44 >>LISA MONTELIONE: Actually there's two that I have

09:10:47 requested removed and rescheduled.

09:10:49 The first is item number 2.

09:10:51 I believe all the council members received an e-mail or a

09:10:55 memorandum from my office.

09:10:58 In light of last week's discussion on the lengthy ceremonial

09:11:02 activities and informational reports I requested Steven Sapp

09:11:06 return later on this month.

09:11:09 And I'll make a motion during new business to schedule that

09:11:14 presentation.

09:11:15 >>CHARLIE MIRANDA: We'll take item 2 off.

09:11:17 >>LISA MONTELIONE: And item number 49 is related to

09:11:26 synthetic drugs.

09:11:27 I would request that be rescheduled to April 4th when we

09:11:31 hear the ordinance for synthetic drugs.

09:11:36 >>CHARLIE MIRANDA: Okay.

09:11:37 We'll do that.

09:11:39 Thank you.

09:11:39 All right.

09:11:40 Ceremonial activities.

09:11:43 The first one is the presentation to a good friend of all

09:11:47 the people of the City of Tampa.

09:11:48 That's to our good friend Ralph Kelly, code enforcement

09:11:52 inspector, and that will be handled by Mr. Mike Suarez.

09:11:55 >>MIKE SUAREZ: Thank you, chair.

09:12:00 Thank you, colleagues.

09:12:02 Many of you already know Ralph.

09:12:04 If you visited any homeowners association within his

09:12:10 purview, because Ralph is always there.

09:12:12 He is probably one of the better code enforcement officers

09:12:15 primarily because he doesn't always take a hard-line stance

09:12:22 to what he does and he's a great public servant.

09:12:24 I am going read our commendation for the folks out in the

09:12:27 audience and television audience, too.

09:12:30 Ralph, this is in recognition of your 19 years of dedicated

09:12:33 service to the City of Tampa and its citizens.

09:12:35 It's been well documented from the citizens that you

09:12:38 represent, the former mayors that you worked for, downfall

09:12:41 members, Tampa Police Department, and department heads and

09:12:44 neighborhood associations and all others, that your services

09:12:47 to the City of Tampa are remarkable.

09:12:51 You are most often the first person to volunteer to assist

09:12:54 the many community organizations in our city, and they have

09:12:57 memorialized the importance of your department and positive

09:13:00 reports of your assistance.

09:13:01 You epitomize the meaning of public service.

09:13:04 As a code enforcement Hispanic liaison, you have helped

09:13:08 hundreds of citizens resolve major concerns with within the

09:13:11 neighborhood.

09:13:12 Your kind demeanor in assisting the Hispanic community has

09:13:17 earned you respect for the city and improved overall

09:13:20 relations between the code enforcement division and the

09:13:23 citizens they serve.

09:13:24 It is a great pleasure to present this to you, Ralph.

09:13:28 [ Applause ]

09:13:47 >>> Members of City Council, it's a privilege for me to be

09:13:52 here.

09:14:01 I like to talk a lot.

09:14:03 To make a long story short I am very grateful to the City of

09:14:07 Tampa, working here with all these wonderful code

09:14:10 enforcement officers, ladies and gentlemen, and we have a

09:14:16 beautiful city here, and it's been my pleasure being part of

09:14:20 the city, keeping the city safe, clean, and I love the job.

09:14:33 Code enforcement makes a big difference in the City of

09:14:35 Tampa.

09:14:36 We have a beautiful city here and we like to keep it that

09:14:38 way.

09:14:40 So, yes, short speech.

09:14:42 Let's all keep up the work.

09:14:44 The City of Tampa is a beautiful place to live, to work and

09:14:47 play.

09:14:47 And I love it.

09:14:49 Thank you all.

09:14:50 Thank you, City Council.

09:14:51 [ Applause ]

09:15:02 >> Now you have to go back to work.

09:15:05 [ Laughter ]

09:15:05 >> That's only the wife.

09:15:07 [ Laughter ]

09:15:08 >> Did I hear you she tell you you have got to go back to

09:15:12 work?

09:15:13 I don't hear too well.

09:15:14 I got a head cold.

09:15:16 So I got an excuse.

09:15:17 All right.

09:15:17 Item number 3 of the presentation for commendation to Major

09:15:20 Bloom, Jr. by Mr. Reddick.

09:15:23 And for 35 years he has the same job at the same place, and

09:15:28 that's something we don't hear too much about.

09:16:23 >>FRANK REDDICK: Thank you, Mr. Chair.

09:16:26 As you stated, we have a gentleman here who served in one

09:16:34 capacity for over 35 years, and where you don't see that

09:16:42 many people put that much time to one capacity.

09:16:46 But there's history behind this gentleman because he made it

09:16:48 possible to work in an environment where it was not too many

09:16:53 African-Americans to participate in that environment.

09:16:56 And he made it there, and made it for 35 years.

09:17:00 He made history when he served the last 17 years as the

09:17:08 maitre d' in this environment.

09:17:10 And that is history.

09:17:12 And it's an honor and pleasure for me to stand here this

09:17:16 morning and present this commendation to major bloom, Jr.,

09:17:27 in recognition for your 35 years of service to the Tampa

09:17:30 yacht and country club as well as the Tampa community.

09:17:35 Tampa City Council would like to take this opportunity to

09:17:36 recognize and congratulate you and thank you for your years

09:17:39 of service to this community in 1972.

09:17:44 You have always been faithful in your service to the

09:17:46 residents of the City of Tampa and members of the Tampa

09:17:50 yacht and country club where you served as a waiter for the

09:17:53 last 17 years as maitre d'.

09:17:56 We extend our best wishes as you move forward in your

09:17:58 retirement.

09:17:59 You truly have been an asset to this community, and you will

09:18:03 definitely be missed.

09:18:04 Congratulations, sir, and it's an honor to present this to

09:18:07 you on behalf of the Tampa City Council.

09:18:09 I congratulate you.

09:18:13 [ Applause ]

09:18:25 >> I would like to say that I appreciate the recognition,

09:18:29 and I appreciate everybody who showed up, some I know, some

09:18:39 I don't know, so I wish I knew, and going to keep on making

09:18:45 it happen.

09:18:46 And thank you very much.

09:18:49 [ Applause ]

09:18:51 >>CHARLIE MIRANDA: We go to item number 4, presentation of

09:18:58 the 17th City of Tampa woman's history celebration and

09:19:03 that will be handled by Ms. Mary Mulhern.

09:19:06 >>MARY MULHERN: Good morning, council.

09:19:29 It's my honor again this year to present a commendation to

09:19:34 the Tampa women's history -- women's history month

09:19:40 celebration committee.

09:19:42 During women's history month we recognize the national women

09:19:48 inspiring through imagination, celebrating women in science,

09:19:51 technology, engineering, and mathematics.

09:19:54 Tampa strives to be a place of growth for female

09:19:57 entrepreneurs, students, and seasoned professionals alike in

09:20:01 the science, technology, and mathematics.

09:20:05 In recognition of women's progress and historically male

09:20:07 dominated fields, we honor the generation of women who use

09:20:10 their intelligence, imagination, sense of wonder and

09:20:14 tenacity to make extraordinary contributions to the world.

09:20:17 The members of the Tampa City Council are proud to recognize

09:20:20 the City of Tampa's women's history month celebration on

09:20:24 March 19th, 2013, and to congratulate Catherine Barja,

09:20:36 the Josephine Stafford memorial recipient.

09:20:40 I think I need a bottle of water like Marco Rubio.

09:20:44 So I'm happy to have with me here today the committee for

09:20:47 the women's history month celebration, Jillian Howard,

09:20:53 Jeanette Fenton, and Aquinetta Grant, and very happy to

09:21:02 present this commendation to you.

09:21:04 >> Good morning council,.

09:21:07 I'm Jillian Howard, the incoming chairman for the women's

09:21:10 history month committee.

09:21:12 To ensure that the history of American women is recognized

09:21:15 and celebrated in schools, workplaces and communities

09:21:20 throughout the country, March is designated as national

09:21:24 women's history month.

09:21:26 This year, the national theme is Women Inspiring Innovation

09:21:31 Through Imagination, Celebrating Women in Science,

09:21:35 Technology, Engineering, and Mathematics.

09:21:39 It is on behalf of this year's committee and chairwoman

09:21:43 Aquinetta Grant and Jeannette Fenton, that I extend this

09:21:52 invitation for our annual celebration on March 19th,

09:21:53 from 10:30 to 11:30 a.m. in ballroom D of the Tampa

09:21:56 Convention Center.

09:21:59 The keynote speaker will be Dr. Sherona Ross, director of

09:22:04 minimally invasive surgery and surgical endoscopy and

09:22:07 founder and director of the Florida Hospital, Tampa women in

09:22:13 surgery initiative.

09:22:15 Bay News 9 morning anchor Erica Riggins, who has a degree in

09:22:20 mechanical engineering, will be the mistress of ceremonies.

09:22:24 And to keep with the theme of women, there will be a

09:22:29 robotics exhibit by the nationally a claimed Middleton High

09:22:33 School Robotics team headed by Kathy Scarret.

09:22:39 As a tribute to Josephine Howard Stafford, the former

09:22:41 assistant city attorney who dedicated 24 years to the city

09:22:46 of Tampa and who was a pioneer woman, we honor a current or

09:22:53 former city of Tampa female employee who demonstrates

09:22:56 outstanding commitment to her position and to the community.

09:22:59 This year, the recipient of the Josephine Howard Stafford

09:23:02 Memorial Award will be Catherine Barja, the first woman

09:23:07 elected to the Tampa City Council.

09:23:10 Additionally, we are pleased to once again be collaborating

09:23:13 with MacDill Air Force Base in recognizing a military

09:23:18 and civilian female employee from the sixth air mobility

09:23:21 wing.

09:23:23 We thank Councilwoman Mary Mulhern for her participation in

09:23:26 this program and recognize councilwoman Mulhern, Capin and

09:23:31 Montelione as honorary chairs.

09:23:34 Finally, we encourage all City of Tampa female employees

09:23:38 currently in the field to attend in order to be recognized

09:23:42 for their service.

09:23:43 Thank you for your time this morning.

09:23:45 And we hope that you will be able to attend.

09:23:48 [ Applause ]

09:23:59 >>CHARLIE MIRANDA: Thank you very much.

09:23:59 Appreciate it for all the good work you have done throughout

09:24:02 the years.

09:24:05 Item number 5 will be Mr. Harry Cohen on behalf of the City

09:24:09 Council, Jill Buford.

09:24:20 >>HARRY COHEN: Good morning, everyone.

09:24:21 Good morning, Jill.

09:24:23 I have to tell you all that when I heard that Jill Buford

09:24:26 and her husband Kevin dire were moving to Illinois, I

09:24:31 gasped. I was shocked because Jill is truly one of the most

09:24:35 active and involved people in all the City of Tampa.

09:24:39 And she is going to be sorely missed.

09:24:42 There was a Tribune article this morning about Jill's

09:24:46 moving, and in front of the Port Tampa city library, which

09:24:52 as we all know is really one of the jewels of this community

09:24:55 and is a part of the Tampa, Hillsborough County public

09:24:58 library system.

09:25:00 And without Jill, I'm not sure that that building would be

09:25:03 there today and being used and be a part of our community.

09:25:07 So it's with great sense for all of her many years of

09:25:11 service, 20 years in the city of Port Tampa, four-time chair

09:25:15 of their civic association, that we present this

09:25:19 commendation to you.

09:25:20 And I would like to just read from it before I hand it to

09:25:23 you.

09:25:24 In recognition of your many years of service to the City of

09:25:27 Tampa, the Planning Commission, and the numerous advisory

09:25:31 boards on which you have served, you have been an award

09:25:35 winning civic activist, doing the right work at the right

09:25:40 time to make the historic city of Port Tampa thrive.

09:25:43 It is a pleasure that Tampa City Council presents you with

09:25:46 this commendation, and we miss you, and we wish you all the

09:25:51 best in the years ahead.

09:25:53 Thank you.

09:25:53 [ Applause ]

09:25:55 >> Thank you very much.

09:26:04 Kind of get me all teary eyed here.

09:26:07 You are a wonderful council, by the way.

09:26:09 I want to say that up front.

09:26:10 You are so diverse.

09:26:11 And all of my quality of life, sustainability, community

09:26:17 access, those are the most important things to really make

09:26:20 the city thrive, and all of you worked very hard and

09:26:24 continue to do that.

09:26:27 All of the work that I do, though, I want to make sure

09:26:29 everyone is aware that I am not the full person doing all

09:26:34 the work.

09:26:34 There are many dozens and dozens of people behind me that

09:26:37 have made all these great projects go forward.

09:26:41 I have a very short list of people that I do want to say

09:26:44 thank you to, and I'll start -- and I promise it's short.

09:26:48 I have memorized it.

09:26:50 That's how short it is.

09:26:52 Lila Johnson Thomas, Tom Harrison, Betty Gerard, Simpson,

09:26:59 Tom cannon, Councilman Rudy Fernandez, Councilman John

09:27:04 Dingfelder and Harry Cohen.

09:27:06 County commissioners, Jan Platt, Ed Turanchik, Terry Cohen,

09:27:11 Ed Crawford, Julie Harris, Bob Hunter, and Frank Chillura.

09:27:24 It has been a great honor to serve you on the Planning

09:27:25 Commission and on the other boards and committees that I

09:27:28 have done over the years.

09:27:30 I really love serving the City of Tampa and I hope to come

09:27:35 back soon to see you all again.

09:27:38 Thank you very much.

09:27:39 I have one last thing.

09:27:43 I would like to introduce you to my successor.

09:27:47 Stand up.

09:27:48 This is Sean Connolly.

09:27:52 He is smart.

09:27:53 He's passionate about fort Tampa.

09:27:55 And I hope you will work with him as much as you worked with

09:27:58 me to continue to make Port Tampa a place.

09:28:01 Thank you.

09:28:02 [ Applause ]

09:28:05 >> Thank you very much.

09:28:07 Item number 6 is deputy county administrator and Garsys and

09:28:22 economic development director Ron Barton.

09:28:27 Please come forward.

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

09:28:30 I am Lucia Garsys.

09:28:32 I am the deputy county administrator for infrastructure and

09:28:36 development, fill all of those functions that dole with

09:28:40 building roads, paving streets, utilities, permitting, all

09:28:45 of those functions are within the purview of our team.

09:28:48 I am here today -- and I just have to learn how to turn this

09:28:53 on.

09:28:55 >>CHARLIE MIRANDA: It's on.

09:28:57 >> I am here today on behalf of the Board of County

09:28:59 Commissioners.

09:29:01 They have requested that I -- and Ron Barton, economic

09:29:05 development director -- speak to various agencies and all of

09:29:09 our partners in our community about an initiative that our

09:29:11 board undertook between May and December, looking at how we

09:29:16 might be able to position ourselves, primarily internally as

09:29:21 the county to focus on economic development initiative.

09:29:25 And our board realizes that as we move forward we are going

09:29:28 to all need to be partners in all of this, and so that is

09:29:31 the purpose of the outreach to the city to all of the

09:29:35 agencies, the MPO, the airport authority, and all of those

09:29:39 other stakeholders that deal with economic development in

09:29:41 our community.

09:29:43 Our Board of County Commissioners appointed in May a

09:29:50 committee of 21 various stakeholders representing a variety

09:29:56 of perspectives to assist us as a starting point to look at

09:30:01 our land development regulations and how those might be

09:30:05 looked at to move economic development in a different

09:30:09 position to see if there were hurdles to work with the

09:30:12 Planning Commission and make adjustments between the

09:30:14 comprehensive plan and some of our Land Development Code

09:30:19 regulations.

09:30:20 You will see on the list there are a number of folks who

09:30:22 represent development industry from various perspectives,

09:30:27 agriculture representatives, home builder representatives,

09:30:30 as well as commercial.

09:30:31 There are also representatives of the Audubon society and

09:30:35 Sierra Club.

09:30:36 This group met for a period of six months in a series of

09:30:40 meetings, some of which were as long as five hours apiece,

09:30:44 knocking out a whole set of issues that deal with how we

09:30:50 might be more friendly to economic development, how we might

09:30:53 be able to be friendly without compromising

09:30:56 The communities and all of the great places that exist in

09:30:59 this community.

09:31:03 And so -- going the wrong way --

09:31:06 There we go.

09:31:09 They hinged themselves, the task force hinged itself on a

09:31:13 study that was done by ULI.

09:31:16 And I know the city has had a number of ULI studies that

09:31:19 really look at a physical component of how things relate.

09:31:23 This ULI group that came in, there were 14 people from

09:31:26 around the country, experts in a whole range of land

09:31:30 development-related field, really looked at what we need to

09:31:34 do to help economic development.

09:31:38 And interestingly they identified a whole series of

09:31:41 strengths in our community, educational components, support,

09:31:44 the airport, a lot of things that we already have in place,

09:31:47 but they said a fundamental issue that we need to address is

09:31:53 trust, connectivity -- and that is physical as well as

09:31:56 connecting the strategic plans of the port with all of the

09:32:00 other ports so we start log at things comprehensively --

09:32:04 leadership and cooperation.

09:32:06 So really the task force really leaned on these points and

09:32:11 embedded much of what is in the task force report relies on

09:32:15 some of the ULI findings.

09:32:18 The ULI findings were also as a result of meetings that they

09:32:21 held with about 100 different stakeholders throughout the

09:32:24 community in a one-week period to obtain their results.

09:32:27 We have the copy for you, I believe, the hard copy for you.

09:32:32 It's available online but I will also leave a copy for you

09:32:35 at the end of my conversation with you today.

09:32:40 So the task force, while it started in the regulatory arena,

09:32:43 much like the city's task force, what it soon realized is

09:32:46 that we had to go back, the task force had to go back and

09:32:49 begin to look at what are the foundations of our regulatory

09:32:52 environment?

09:32:53 And so as a result, we started going back to comprehensive

09:32:56 plans, we started going back to concepts of urban service

09:33:02 boundary, and where this group ended up is a series of

09:33:05 recommendations that dealt with in the economic development

09:33:09 and planning arena that was broader than just the

09:33:12 regulations of Land Development Code and subdivision reviews

09:33:16 are conducted really ended up with four areas of

09:33:19 recommendations.

09:33:20 One is that the county should have a comprehensive economic

09:33:24 strategy.

09:33:25 And I want to preface this because how this all started is

09:33:29 this comprehensive economic strategy is designed initially

09:33:33 for the county to align its budgets, its departments and all

09:33:38 of its initiatives as well as some of the incentive programs

09:33:44 to assist economic development.

09:33:46 So we see it as growing and working with our jurisdictions

09:33:51 as we talk about some of the other things.

09:33:53 But initially it is designed for us to get our own house in

09:33:56 order on how we align ourselves, how our staff is poised to

09:34:01 respond to economic development.

09:34:03 The other key piece of the recommendation in this area dealt

09:34:07 with economic development areas.

09:34:10 And this really came from a study that was done by the

09:34:15 Planning Commission that identified key areas that would

09:34:17 serve as economic development areas.

09:34:19 What is really important here is this is where we are here

09:34:23 to talk to you about partnerships and working together,

09:34:26 because many of these are in the City of Tampa.

09:34:29 Westshore, downtown areas around the university, all are key

09:34:33 areas prime for economic development, and we need to be

09:34:39 working out with you in reaching out collaboratively as ULI

09:34:44 said on how we might be able to together create areas that

09:34:49 are positive for economic development.

09:34:52 What's important here is that each economic development

09:34:54 area, whatever it will be, because the task force stopped

09:34:58 short of saying here is what they are, is going to be

09:35:01 unique.

09:35:02 It's going to be unique based on what's there.

09:35:04 It's going to be unique on whether there are redevelopment

09:35:08 efforts to be had there.

09:35:09 So we recognize that.

09:35:11 We recognize there are some that may not yet have been

09:35:14 identified.

09:35:14 Also recognize that everybody may not want to be in economic

09:35:20 development area so it's going to be a dialogue and

09:35:22 community conversation about how we sort that out.

09:35:24 The other pieces clearly now are at an opportune juncture

09:35:31 because of comprehensive plans, all of ours together, so we

09:35:34 have this opportunity to work with the Planning Commission,

09:35:38 and in the update of the MPO.

09:35:39 So there's a transportation component and a land use

09:35:43 component that are being married at a very appropriate time

09:35:47 when we can start all working together and looking at some

09:35:51 of these.

09:35:52 The recommendation number 10, which we now refer to as the

09:35:57 transportation funding piece, is one that certainly this

09:36:00 community is going to be facing as we talk about how do we

09:36:04 fund transportation?

09:36:05 The task force said we need a sustainable transportation

09:36:09 policy and funding source that we need to address, and that

09:36:12 again is something that we believe can be best done if we

09:36:15 all work together.

09:36:18 The other recommendation -- the other piece is what we would

09:36:28 call, if the piece at the top is what somebody described as

09:36:34 the captain at the bridge of the ship, this is really the

09:36:37 people in the boiler room who are really directing what has

09:36:39 to happen to move the ship.

09:36:41 And those recommendations, 20 of those, dealt with how do we

09:36:46 improve our customer service.

09:36:47 I will tell you that many of the recommendations in the

09:36:50 citations came from look at what the City of Tampa is doing.

09:36:53 The City of Tampa, through its center on North Boulevard,

09:36:59 really has created a model that many of us want to emulate.

09:37:02 So in terms of customer service, there have been arrows

09:37:07 pointed to say, look, you have someone here.

09:37:10 Thom Snelling has worked with us to talk about how we might

09:37:12 be able to work across jurisdictions and also kind of what

09:37:16 his organization has done to fashion itself and to be very

09:37:20 responsive.

09:37:21 That is something that we really have to be doing, and they

09:37:23 are taking very positive steps to get there.

09:37:26 Decision making, this is getting decisions made for

09:37:29 developers early in the process so they can rely on

09:37:32 something, one of the things we hear from developers is we

09:37:34 need reliability in the system.

09:37:36 Sometimes we start the process, and then months into it you

09:37:40 change your mind about what you want, where you want it,

09:37:42 where the lift station ought to be.

09:37:44 So we are committed to creating a model of decision making

09:37:47 that can help anyone big or small developers, mom and pop

09:37:52 folks, understand that once we make a decision we are going

09:37:56 to be committed to it.

09:37:57 Certainly process improvements, and then modernizing our

09:38:00 regulatory standard, our Land Development Code, has not been

09:38:04 updated in 20 years.

09:38:05 We think that will go hand in hand with the updated

09:38:09 comprehensive plan and have to look at that as well.

09:38:13 That is really -- you have gotten to watch the rerun now.

09:38:18 So next step is implementation of really where we go.

09:38:22 The board has asked for us to reach out to partners and to

09:38:26 begin the dialogue, and at least make everyone aware of what

09:38:30 this task force did and how we might be able to work

09:38:32 together.

09:38:34 We don't have answers.

09:38:35 We think we have just identified problems right now, and the

09:38:39 task force is very deliberate about saying you need to start

09:38:41 engaging and working with other partners to get to that next

09:38:45 level.

09:38:46 So we are here today to say that we have done this work, we

09:38:50 know that at the staff level your economic development staff

09:38:54 and our economic development staff has been working closely

09:38:57 with EDC and other partners.

09:38:59 We enjoy that working relationship.

09:39:01 We value that.

09:39:02 We would like to continue that.

09:39:04 And so as we move forward, we are reaching out, and we are

09:39:07 asking you to see if you want to play with us in this game,

09:39:12 because we think we all benefit from it.

09:39:14 I will stop.

09:39:15 It may be more than I wanted to say.

09:39:18 It's hard to keep it short and concise because I know you

09:39:21 have a full agenda.

09:39:22 But I do appreciate the opportunity for you having us here

09:39:25 today.

09:39:27 >>CHARLIE MIRANDA: Thank you, Mrs. Garsys, for your

09:39:30 presentation.

09:39:31 >>LISA MONTELIONE: Good to see you again.

09:39:35 Lucia and I worked together when I was an intern in the

09:39:39 economic development division, and she was working the

09:39:43 concurrency department, and I enjoyed our relationship then

09:39:47 and hope to continue it, as you said, working together with

09:39:50 Hillsborough County.

09:39:50 And I do have a question about the economic development

09:39:54 areas.

09:39:55 As you well know, I believe it was November, may have been

09:40:00 earlier than that, commissioner Crist and Commissioner

09:40:04 Sharpe had asked for an economic development zone around the

09:40:08 innovation area.

09:40:09 And I know the boundaries of the innovation area are in

09:40:14 flux, and what exactly the economic redevelopment zone would

09:40:19 be or encompass or include.

09:40:23 I have not yet been able to ascertain.

09:40:25 And I know that item hasn't come back before the

09:40:27 commissioners.

09:40:29 So I was wondering if you can shed light on how, especially

09:40:33 in that area, we can partner together with you, because most

09:40:37 of it is in the City of Tampa city limits.

09:40:39 >> There are redevelopment initiatives that are there.

09:40:46 We have community plans.

09:40:48 Certainly the university, Moffitt, V.A., there are a number

09:40:52 of key anchors in that area.

09:40:56 Where we are right now is that we believe that that work of

09:40:59 identifying how that USF area specifically works is part of

09:41:03 the economic development area study, the broader study.

09:41:07 So it needs to be included in that assessment as to how we

09:41:12 move forward.

09:41:13 The boundaries have not yet been defined.

09:41:16 And I think boundaries like any boundaries, like drawing

09:41:21 lines on a page, just brings out a whole lot of people who

09:41:24 have an interest on which side of the line they are going to

09:41:26 be on.

09:41:27 So we see that as really a joint partnership and working

09:41:30 with the city, and Temple Terrace, because some of those

09:41:34 extend into Temple Terrace, in addressing how those economic

09:41:39 development areas might be based where they are and where

09:41:42 the lines are.

09:41:43 So to answer your question specifically, the lines are not

09:41:47 drawn, but we believe it is a natural piece to fit into this

09:41:51 economic development area conversation in the community.

09:41:54 >>LISA MONTELIONE: Right.

09:41:56 Something that might be a tool for you is the Planning

09:41:59 Commission, at my request, has undertaken a vision plan for

09:42:03 a portion of that area.

09:42:05 And it starts at the Temple Terrace city line, goes to 275

09:42:09 as a natural boundary, and Busch to Fowler.

09:42:14 So that should be coming before the Planning Commission

09:42:17 being heard for hopeful adoption to the comprehensive plan,

09:42:23 I believe sometime in the next couple of weeks.

09:42:25 It will definitely be before the end of the month.

09:42:27 I'm not sure of the date of the next Planning Commission

09:42:29 meeting.

09:42:30 But that is something, a diving document.

09:42:35 The citizens have been meeting for over a year, and we have

09:42:38 had meetings where there has been over 100 people in

09:42:40 attendance and they all agree that while you see most of the

09:42:43 things that you see in every vision plan, park benches and

09:42:49 safety and lighting and other things, there's a very big

09:42:51 component and a very big push for economic development in

09:42:54 the area, and it's not something you usually see in a vision

09:42:57 plan.

09:42:57 But they want storefronts filled.

09:43:00 They want development.

09:43:01 They want jobs.

09:43:03 So I think it will be a God tool for you to use as part of

09:43:07 your tool kit.

09:43:11 >>CHARLIE MIRANDA: Thank you very much.

09:43:11 Any other council members at this time?

09:43:13 Thank you so much.

09:43:13 We really appreciate your kind remarks and your willingness

09:43:17 to get together on the table.

09:43:21 And we have always felt that the county is a very great

09:43:24 place to be.

09:43:25 And we are happy that we are in Hillsborough County.

09:43:26 >> Thank you.

09:43:30 And I will leave these documents for you.

09:43:32 It's the ULI study, hard copy of the report, and an "at a

09:43:38 glance" version, long version and short version.

09:43:42 >>CHARLIE MIRANDA: I need a motion to receive the document.

09:43:45 I'm sorry, I don't hear well today.

09:43:47 Mr. Suarez?

09:43:49 >>MIKE SUAREZ: Right ear or left ear?

09:43:53 >>CHARLIE MIRANDA: Both ears are gone.

09:43:55 Second by Mrs. Montelione.

09:43:56 All in favor?

09:43:58 The ayes have it unanimously.

09:43:59 We need approval of the agenda.

09:44:01 And there is no addendum.

09:44:02 But there is items that we have to talk.

09:44:05 I need a motion to approve the agenda.

09:44:06 >> So moved.

09:44:07 >> Second.

09:44:07 >> Motion by Mr. Cohen.

09:44:09 Second by Mr. Suarez.

09:44:10 Please indicate by saying aye.

09:44:12 Opposed nay.

09:44:13 The ayes have it unanimously.

09:44:15 Public comment.

09:44:16 Anyone in the audience care to speak on any item on the

09:44:19 agenda first?

09:44:21 Come forward.

09:44:22 Please state your name and the item you are going to speak

09:44:24 on.

09:44:24 >> I'm ed, Ed Tillou, from Sulphur Springs, speak about

09:44:52 different items here.

09:44:54 Item 20.

09:44:57 Now, this may relate to the squirrel repairing pumps, but if

09:45:02 you can't cope with the squirrel how are you going to cope

09:45:06 with the MP?

09:45:07 If some people from the public works department went to

09:45:10 these water people and said what do you do?

09:45:13 The response you are going to get is "Oh?"

09:45:16 But you are probably going to get some obfuscation that

09:45:20 works around that.

09:45:22 Okay.

09:45:23 With respect to item 7, 8 and 9, very much 9, in terms of

09:45:31 public safety, the fire engines probably would be running

09:45:36 but the police cars wouldn't.

09:45:38 That's something to think about.

09:45:43 What's Tampa without police cars?

09:45:45 So organize substation as ground grocery stores.

09:45:49 There should be these plans in place.

09:45:51 I doubt they are.

09:45:52 If we don't think about it, we don't concern ourselves with

09:45:55 it and it will go away.

09:45:57 I don't think that's going to happen.

09:46:02 When the pet troll rum runs out 20 or 30 years it's down to

09:46:06 now, 2040, you are going to have one hell of a thing to pay.

09:46:12 The plan is going to be able to provide for part of its

09:46:15 people.

09:46:15 And the Koreans know that.

09:46:17 And the interesting group, the people from India.

09:46:19 Russia recently gave their second best submarine class, they

09:46:23 gave one of them to India.

09:46:25 India now has missiles and a lot of -- they have nuclear

09:46:33 weapons.

09:46:34 And India could turn around and say, look, we aren't going

09:46:37 to let our people starve while you have food in 2040.

09:46:40 So India is probably very much watching what north Korea

09:46:43 does and cable of it in eight years.

09:46:48 So you have to start planning around that.

09:46:50 Okay.

09:46:50 Item 6.

09:46:52 Economic development.

09:46:54 One of the things I started focusing on is food.

09:46:57 Food.

09:46:58 You know, go to the Cuban sandwich festival.

09:47:02 Food is a big industry.

09:47:03 It's huge.

09:47:04 And it's elsewhere.

09:47:06 The trucks bring things here.

09:47:08 Like you have cochita in Miami, but with respect to HOYAS up

09:47:18 in New Jersey, 46% of the trucks.

09:47:20 So there's a need to move to an agricultural

09:47:23 self-sufficiency and participant in those large number of

09:47:26 jobs.

09:47:27 For instance, whole grain egg noodles.

09:47:30 That could be made as a subsidiary operation that everybody

09:47:35 wants to take out and make -- oh, and plant protein has a

09:47:42 lot of nutrition.

09:47:43 So does meat.

09:47:44 But the thing is, meat requires a lot of plants.

09:47:47 So you have got to start thinking along these lines.

09:47:49 (Bell sounds)

09:47:50 Because you are not going to have food.

09:47:52 >>CHARLIE MIRANDA: Thank you very much.

09:47:53 Anyone else in the audience care to speak on public

09:47:55 comments?

09:47:56 The chair yield to Mr. Harry Cohen.

09:47:59 >>HARRY COHEN: Thank you very much, Mr. Chair.

09:48:02 We just received word this morning that Fred Karl passed

09:48:06 away this morning at the age of 88.

09:48:09 Mr. Karl was a former state Supreme Court justice and

09:48:14 Hillsborough County administrator, and of course was the

09:48:16 former city attorney here in the City of Tampa.

09:48:18 So I wanted to ask, Mr. Chair, if we could have a moment of

09:48:21 silence before we continue the meeting.

09:48:25 Moment of silence).

09:48:40 >>CHARLIE MIRANDA: Thank you all very much.

09:48:47 We go to requests by the public for any reconsideration I N

09:48:53 any past session of the City Council.

09:48:55 Anyone from the last meeting?

09:48:56 Any reconsideration of legislative matters?

09:48:59 I see no one.

09:49:06 Committee reports.

09:49:08 7 through 39, Frank Reddick, chair of Public Safety

09:49:13 Committee.

09:49:14 >> Move items 7 through 10.

09:49:16 >> Second.

09:49:17 >>CHARLIE MIRANDA: I have a second by Ms. Mulhern.

09:49:19 All in favor of the motion please indicate by saying aye.

09:49:22 Opposed?

09:49:23 The ayes have it unanimously.

09:49:25 Parks, Recreation, Culture Committee chair, Ms. Mary

09:49:28 Mulhern.

09:49:29 >>MARY MULHERN: I move items 11 through 16.

09:49:36 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.

09:49:38 All in favor of the motion?

09:49:40 Opposed?

09:49:41 The ayes have it unanimously.

09:49:42 Public Works Committee chair, Mike Suarez.

09:49:44 >> I move item 17 through 26.

09:49:46 >>FRANK REDDICK: Second.

09:49:49 >>CHARLIE MIRANDA: I have a second by Mr. Reddick.

09:49:51 All in favor of the motion please indicate by saying aye.

09:49:55 Opposed nay.

09:49:56 The ayes have it unanimously.

09:49:58 Finance Committee chair, Mr. Harry Cohen.

09:50:00 >>HARRY COHEN: Move number 27.

09:50:05 >>CHARLIE MIRANDA: I have a second by Ms. Mulhern.

09:50:07 Further discussion by council members?

09:50:11 All in favor?

09:50:12 The ayes have it unanimously.

09:50:14 Building zoning preservation committee, Ms. Lisa Montelione.

09:50:17 >>LISA MONTELIONE: I move items 28 through 35.

09:50:20 >>HARRY COHEN: Second.

09:50:23 >>CHARLIE MIRANDA: I have a second by Mr. Cohen.

09:50:24 All in favor of the motion please indicate by saying aye.

09:50:27 Opposed nay.

09:50:29 The ayes have it unanimously.

09:50:30 Transportation committee chair, Yvonne Yolie Capin.

09:50:34 >>YVONNE CAPIN: I move 36 through 39.

09:50:38 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.

09:50:39 All in favor of the motion please indicate by saying aye.

09:50:42 Opposed nay.

09:50:42 The ayes have it unanimously.

09:50:46 I need items 40 through 41 set for public hearing.

09:50:49 I have a motion by Mrs. Montelione, second by Mrs. Mulhern

09:50:52 on 40 and 41 set for public hearing.

09:50:54 All in favor of that motion please indicate by saying aye.

09:50:56 Opposed nay.

09:50:58 The ayes have it unanimously.

09:50:59 Need to open public hearing for second reading on items 42

09:51:04 through 45.

09:51:07 Motion by Mr. Cohen.

09:51:08 Second by Mrs. Montelione on 42 through 45.

09:51:12 All in favor of the motion please indicate by saying aye.

09:51:15 Opposed nay.

09:51:16 The ayes have it unanimously.

09:51:18 42 through 45 are now open.

09:51:21 These are quasi-judicial proceedings.

09:51:23 Anyone in the public who is going to speak on -- think you

09:51:26 are going to speak or hopefully think you want to speak on

09:51:28 item 42 through 45, please rise you may be sworn in.

09:51:33 (Oath administered by Clerk).

09:51:43 >> Okay.

09:51:44 Item 42.

09:51:45 >> Good morning.

09:51:47 >>ABBYE FEELEY: Land Development Coordination.

09:51:51 Item number 42, 43, 44 and 45 require certified site plans

09:51:55 by the zoning administrator.

09:51:57 Those have been certified and I have copies available.

09:51:59 Thank you.

09:52:05 >>CHARLIE MIRANDA: Anyone here on item 42?

09:52:07 >> Move to close.

09:52:14 >> I have a motion to close by Mr. Cohen, seconded by Mrs.

09:52:18 Mulhern.

09:52:18 The ayes have it unanimously.

09:52:20 Mrs. Montelione, would you kind will take 42?

09:52:24 >>LISA MONTELIONE: I move an ordinance for second reading

09:52:26 and adoption, an ordinance approving a special use permit

09:52:28 S-2 approving a drive-in window in a CG zoning district in

09:52:34 the general vicinity of 1548 east Fowler Avenue in the city

09:52:37 of Tampa, Florida and as more particularly described in

09:52:39 section 1 hereof, providing an effective date.

09:52:43 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.

09:52:44 I have a second by Mrs. Mulhern.

09:52:46 This is roll call vote.

09:52:47 Vote and record.

09:52:48 >>THE CLERK: Motion carried unanimously.

09:53:02 >>CHARLIE MIRANDA: Item number 43.

09:53:05 Is petitioner here?

09:53:18 >> Good morning.

09:53:21 That's it.

09:53:22 >> That's enough.

09:53:22 Anyone in the audience care to speak on item 43?

09:53:26 I have a motion to close by Mr. Cohen, second by Mr. Suarez.

09:53:29 All in favor of the motion please signify by saying aye.

09:53:32 Opposed nay.

09:53:32 The ayes have it unanimously.

09:53:35 Mr. Cohen, would you kindly take number 43?

09:53:39 >>HARRY COHEN: Move an ordinance presented for second

09:53:41 reading and adoption, an ordinance rezoning property in the

09:53:44 general vicinity of 2923 and 2925 west El Prado Boulevard in

09:53:50 the city of Tampa, Florida and more particularly described

09:53:52 in section 1 from zoning district classifications RS-60

09:53:57 residential single-family to PD planned development,

09:54:00 residential single-family attached, providing an effective

09:54:03 date.

09:54:03 >> Second.

09:54:07 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, a second by

09:54:08 Mrs. Mulhern with an extremely close vote with Mr. Suarez.

09:54:12 Roll call vote.

09:54:13 Vote and record.

09:54:13 >>THE CLERK: Motion carried unanimously.

09:54:25 >>CHARLIE MIRANDA: Item number 44.

09:54:27 Anyone in the audience care to speak on -- is the petitioner

09:54:32 here on 44?

09:54:41 Anyone in the audience care to speak on item 44?

09:54:43 I see no one.

09:54:45 I have a motion to close by Mr. Cohen, second by Mrs.

09:54:47 Montelione.

09:54:48 All in favor?

09:54:49 Opposed?

09:54:49 The ayes have it unanimously.

09:54:52 Mrs. Mulhern, would you kindly take number 44, please?

09:54:56 >>LISA MONTELIONE: I move an ordinance being presented for

09:54:58 second reading and adoption, an ordinance rezoning property

09:55:01 in the general vicinity of 1606 and 1608 north Morgan street

09:55:06 and 1605 and 1607 north Marion street in the city of Tampa,

09:55:11 Florida and more particularly described in section 1 from

09:55:14 zoning district classification RM-24 residential multifamily

09:55:19 to PD planned development, office, business professional,

09:55:23 providing an effective date.

09:55:23 >> Second.

09:55:25 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern.

09:55:27 I have a second by Mr. Suarez.

09:55:29 Roll call vote and record.

09:55:30 Vote and record.

09:55:30 >>THE CLERK: Motion carried unanimously.

09:55:40 >>CHARLIE MIRANDA: Item number 45.

09:55:46 Is petitioner here?

09:55:47 >>LISA MONTELIONE: I believe he needs to be sworn.

09:55:54 >> You were not sworn in?

09:55:57 >> Correct.

09:55:58 >> You have not been sworn at either.

09:56:00 (Oath administered by Clerk).

09:56:09 >> Donnelly Bailey, the property owner.

09:56:12 If there are any questions, I'm here to answer.

09:56:14 >>CHARLIE MIRANDA: Thank you very much.

09:56:14 Any questions by council members?

09:56:16 Thank you.

09:56:16 Anyone in the audience care to speak on item number 45?

09:56:20 Need a motion to close.

09:56:22 Motion by Mr. Cohen to close.

09:56:24 Seconded by Mr. Suarez.

09:56:26 All in favor of that motion to close, please indicate by

09:56:29 saying aye.

09:56:29 Opposed nay.

09:56:30 The ayes have it unanimously.

09:56:33 Mr. Reddick, would you kindly take number 45, please?

09:56:38 >>FRANK REDDICK: Move an ordinance for second reading and

09:56:40 adoption, an ordinance rezoning property in the general

09:56:42 vicinity of 7325, 7327, 7329, 7331 and 7333 south Trask

09:56:53 street in the city of Tampa, Florida and more particularly

09:56:56 described in section 1 from zoning district classification

09:56:58 PD planned development, residential single-family detached

09:57:01 and single-family attached, to PD planned development,

09:57:05 residential single-family detached, providing an effective

09:57:06 date.

09:57:07 >> Second.

09:57:09 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.

09:57:11 This is roll call vote.

09:57:13 Vote and record.

09:57:26 >>THE CLERK: Motion carried with Mulhern being absent at

09:57:29 vote.

09:57:30 >>CHARLIE MIRANDA: Thank you all very much.

09:57:31 We go to items 46 and 47.

09:57:33 These are also quasi-judicial proceedings.

09:57:36 Anyone that's going to speak on 46 and 47 are required to be

09:57:40 sworn in.

09:57:40 Please rise and get sworn in by the clerk.

09:57:42 (Oath administered by Clerk).

09:57:54 >>CHARLIE MIRANDA: Need to open 46 and 47 at this time.

09:57:58 I have a motion by Mr. Reddick.

09:58:00 Seconded by Mrs. Montelione for 46 and 47.

09:58:02 All in favor of the motion?

09:58:10 46.

09:58:13 >>DENNIS FERNANDEZ: Historic preservation manager here on

09:58:14 the second reading for the expansion of the Ybor City local

09:58:16 historic district.

09:58:17 I gave a full presentation on first reading.

09:58:20 But if you have any additional questions I'm happy to answer

09:58:22 those.

09:58:24 >>CHARLIE MIRANDA: Any questions by council members?

09:58:25 Seeing none, anyone in the audience care to speak on item

09:58:29 46?

09:58:29 46?

09:58:29 I see no one.

09:58:30 Need a motion to close.

09:58:32 I have a motion to close by Mr. Reddick, seconded by Mrs.

09:58:34 Montelione.

09:58:35 All in favor of the motion?

09:58:37 Opposed?

09:58:38 The ayes have it unanimously.

09:58:39 Item 46 is closed.

09:58:42 Ms. Capin, would you kindly take number 46, please?

09:58:47 >> An ordinance being presented for second reading and

09:58:49 adoption, an ordinance of the city of Tampa, Florida

09:58:51 designating the expansion of the boundaries of Ybor City

09:58:54 historic district as a local historic district repealing all

09:58:59 ordinances or parts of ordinances in conflict therewith,

09:59:03 providing for severability, providing an effective date.

09:59:07 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second by

09:59:09 Mr. Suarez.

09:59:10 Roll call vote.

09:59:11 Vote and record.

09:59:12 >>THE CLERK: Motion carried unanimously with Mulhern being

09:59:23 absent at vote.

09:59:26 >>CHARLIE MIRANDA: Item number 47.

09:59:27 47.

09:59:33 >>THOM SNELLING: Planning and development.

09:59:36 >>CHARLIE MIRANDA: I didn't know you became a priest.

09:59:39 [ Laughter ]

09:59:47 >>THOM SNELLING: Mrs. Coyle gave a complete presentation of

09:59:48 this item previously.

09:59:50 And she had multiple meetings with the neighborhoods

09:59:52 involved and answered all their questions.

09:59:54 I believe we are ready for second reading.

09:59:59 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

10:00:01 item 47?

10:00:02 47?

10:00:02 I see no one.

10:00:03 Need a motion to close.

10:00:05 Motion to close by Mrs. Montelione.

10:00:07 Seconded by Mr. Reddick.

10:00:09 All in favor of the motion please indicate by saying aye.

10:00:12 Opposed nay.

10:00:13 The ayes have it unanimously.

10:00:14 Thank you very much.

10:00:14 >>MIKE SUAREZ: An ordinance for second reading and

10:00:27 adoption, an ordinance of the city of Tampa, Florida

10:00:30 relating to an area rezoning the general location of which

10:00:33 is south of Hanna Avenue, east of Florida Avenue, west of

10:00:35 I-275, north of Osborne Avenue and west of a boundary

10:00:39 running south on I-275 from Hanna Avenue to Henry Avenue,

10:00:43 thence running east on Henry Avenue to the alley immediately

10:00:46 west of Nebraska Avenue, thence running south to

10:00:49 Hillsborough Avenue, thence running west on Hillsborough

10:00:52 Avenue to I-275, thence running south on I-275 to Osborne

10:00:58 Avenue, in the city of Tampa, Florida, from zoning district

10:01:01 classifications for residential single-family RS-50 and

10:01:05 RS-60, residential multifamily, RM-16 and RM-24, residential

10:01:11 office RO 1, commercial neighborhood CN, commercial general

10:01:15 CG, and commercial intensive to Seminole Heights specific

10:01:20 zoning classifications SH-RS, SH-RM, SH-RO, SH-CN, SH-CG,

10:01:28 and SH-CI, providing for notice, providing an effective

10:01:31 date.

10:01:31 >>FRANK REDDICK: Second.

10:01:34 >>CHARLIE MIRANDA: I have a second by Mr. Reddick.

10:01:37 This is a roll call vote.

10:01:39 Vote and record.

10:01:39 >>THE CLERK: Motion carried with Montelione being absent at

10:01:49 vote.

10:01:50 >>CHARLIE MIRANDA: I want to thank the council members.

10:01:52 We have a 10:00 a.m., 48 through 53, and it's exactly 10:00

10:01:56 in the morning.

10:01:58 So we go to staff reports and unfinished business items 48

10:02:03 through 53.

10:02:04 Item number 48.

10:02:07 This is a resolution, a single source, Motorola solutions.

10:02:13 >>FRANK REDDICK: Move the resolution.

10:02:15 >>CHARLIE MIRANDA: Who moved it?

10:02:16 Mr. Reddick.

10:02:17 I apologize to council members, I have trouble hearing from

10:02:20 one ear and I never heard well from the other.

10:02:22 So we have a motion by Mr. Reddick, a second by Mrs. Capin

10:02:26 on 48.

10:02:26 Discussion, Ms. Mulhern.

10:02:27 >>MARY MULHERN: I wondered if anybody was here for the

10:02:31 little bit more explanation of this.

10:02:34 >>CHARLIE MIRANDA: Come forward, please.

10:02:35 >> My name is Deirdre Joseph, homeland security grant

10:02:43 accountant working on this urban area security initiative

10:02:47 grant.

10:02:47 Our grants are regional grants where we buy products for

10:02:51 Hillsborough, Pinellas, all of our regional partners.

10:02:55 This is an ongoing project that Pinellas County has had

10:02:59 since 2005.

10:03:00 >>MARY MULHERN: Can you tell me what mid zone Astro 25

10:03:06 migration is?

10:03:10 Just a general?

10:03:12 >> It's intraoperable communications equipment, in different

10:03:16 areas of the county.

10:03:17 And it allows the different agencies to speak with each

10:03:20 other.

10:03:21 >>MARY MULHERN: Okay.

10:03:24 From thank you.

10:03:30 I wanted to know what it was.

10:03:35 >>CHARLIE MIRANDA: Thank you very much.

10:03:36 Motion was moved by Mr. Reddick, seconded by Mrs. Mulhern on

10:03:39 item number 48.

10:03:40 All in favor of the resolution please signify by saying aye.

10:03:44 Opposed nay.

10:03:45 The ayes have it unanimously.

10:03:47 49.

10:03:50 Although we say it was pulled, I want to confirm it.

10:03:53 And exactly back to April 4th.

10:03:56 I need a motion to that effect.

10:03:58 >>HARRY COHEN: So moved to continue.

10:04:01 >>CHARLIE MIRANDA: Seconded by Mrs. Mulhern on 49 to do

10:04:04 that, to come back April 4th at 10:00.

10:04:08 All in favor of the motion please indicate by saying aye.

10:04:10 Opposed nay.

10:04:11 The ayes have it unanimously.

10:04:12 Item number 50.

10:04:14 A resolution for the city to Ford to the city clerk of

10:04:21 Tampa, continued from February 7th.

10:04:23 Yes, ma'am.

10:04:23 >>JULIA MANDELL: Legal department.

10:04:26 This resolution is presented to you to receive and file all

10:04:29 formal decisions rendered by the zoning administrator per

10:04:33 your code that needs to be placed within the public record

10:04:35 and the resolution would have you direct the documents

10:04:41 within the public record.

10:04:42 You should have received the electronics versions of that.

10:04:45 The clerk also has the electronic versions in the backup.

10:04:51 >>CHARLIE MIRANDA: Thank you.

10:04:51 Mrs. Mulhern.

10:04:52 >>MARY MULHERN: I requested this continuance so that I

10:04:56 could look into what this was.

10:04:58 And what I did find out, because we did print out the

10:05:07 record, because we arable only being presented with the

10:05:14 zoning administrator's decisions once a year.

10:05:17 So I was hoping -- I am going to ask if we could maybe have

10:05:24 a workshop on this.

10:05:26 I am going to make a motion to receive and file, but to have

10:05:30 a workshop on this because especially in the last few years

10:05:33 there have been a lot more administrative zoning decisions

10:05:37 that don't come to council and don't get a public hearing.

10:05:40 And I would like to see us have the documentations presented

10:05:45 to us on a more timely basis so that we can actually -- the

10:05:52 public and council can actually see what's being approved.

10:05:56 So I don't know if maybe quarterly or monthly or something

10:05:59 like that.

10:06:00 So I would like to make a motion that we come back and have

10:06:06 a discussion about this for May 23rd.

10:06:11 >> Second.

10:06:17 >>CHARLIE MIRANDA: That's item number 50.

10:06:18 I have a motion by Ms. Mulhern.

10:06:20 I have a second by Mr. Cohen.

10:06:22 Discussion.

10:06:22 Mr. Reddick.

10:06:23 >>FRANK REDDICK: Thank you, Mr. Chair.

10:06:29 I have been approached by quite a few people, and where they

10:06:37 wanted this council to vote on it.

10:06:39 And I would like to know how this has come before council,

10:06:44 if this is going on at this moment in West Tampa, where

10:06:47 someone called me just two days ago raising a lot of mess,

10:06:51 because something happened in the neighborhood where

10:06:54 somebody was able to get something done, some business

10:06:56 owner, and it didn't come before council, and I faintly

10:07:00 recall voting on it.

10:07:03 And previous members of council, what was the rationale for

10:07:09 council making the decision to grant that?

10:07:21 >>MARY MULHERN: Do I answer that, chairman?

10:07:25 >>CHARLIE MIRANDA: Go on.

10:07:25 >>MARY MULHERN: I think there were a lot of code changes

10:07:28 that happened.

10:07:30 Some of them happened in the period between when the last

10:07:38 council had resigned and we had our interim people.

10:07:42 So Councilwoman Capin and Councilman Miranda and I were here

10:07:46 during that time, but a lot of the things came through in a

10:07:51 manner, for instance, today when Councilman Suarez was

10:07:56 reading the Seminole Heights changes, that was a process

10:07:59 that had a very long public input, and we had a lot of

10:08:05 information, and we had a lot of time on it.

10:08:07 Some of the other changes I feel did not get that kind of

10:08:12 scrutiny for council, and we weren't even sure what we were

10:08:16 voting on.

10:08:16 And we didn't vote on some of them either.

10:08:19 We had a majority of people who adopted some of these

10:08:21 changes are no longer here.

10:08:24 So I think those are considerations.

10:08:28 And the other consideration is we really don't know, you

10:08:30 know, when we are trying to make changes to the code, we

10:08:33 don't know what the consequences are going to be until the

10:08:37 change is made, and then after something happens, that's

10:08:40 when we find out maybe that wasn't a good idea.

10:08:44 So I think we need to just maybe sit as we are going to do

10:08:47 with the alcohol workshop, go back and revisit some of

10:08:50 these.

10:08:51 So if we can -- but I also feel, the reason that I pulled

10:08:56 this is the same reason that you did, Councilman Reddick.

10:09:00 I have had people come to me on several major developments

10:09:04 that are happening that never came to council.

10:09:06 And they have at this point no input.

10:09:10 And we just need to be able to answer that.

10:09:20 >>CHARLIE MIRANDA: I think she's correct, Mr. Reddick.

10:09:24 If my memory serves me correct, I may be off by a vote or

10:09:28 so, but I think it passed 4 to 3.

10:09:30 And I think the three that are here did not support it.

10:09:33 >>JULIA MANDELL: I know we are having a workshop on this.

10:09:38 This formal decision process, the public does have the

10:09:41 opportunity to weigh in.

10:09:42 The purpose behind that process, your code as well as every

10:09:47 code from the federal level, state level, local level, all

10:09:51 over the State of Florida and everywhere else, whenever you

10:09:54 have a code in place, you have to have a process for

10:09:57 interpretation of that code.

10:09:58 You have to have somebody to go to what does that code mean?

10:10:05 We also had a lot of litigation that was coming out of some

10:10:08 of the interpretation questions.

10:10:10 So your former city attorney, Mr. Fletcher, recommended put

10:10:18 in place this more formalized process for interpretation as

10:10:22 opposed to just anybody going to the zoning administrator,

10:10:25 getting a decision, and then going off into the sunset.

10:10:28 That's why it's a very scrutinized process.

10:10:32 It does require notice.

10:10:33 Members of the public are given an opportunity to give

10:10:35 information to the zoning administrator on whatever the

10:10:38 question is that's being asked.

10:10:40 And so the reason that it comes to you for a resolution,

10:10:46 formal decisions in the public record as Mr. Fletcher was

10:10:49 going through this process, and what he felt was at the same

10:10:54 level to the administrative process there had to be a place

10:10:57 where people would -- that's really the basis on which this

10:11:03 comes to you.

10:11:03 This is but one of the many decisions that you have granted

10:11:06 in your code, your zoning administrator the authority to

10:11:10 make, but I think you have to understand this is a little

10:11:12 different than some of those other questions.

10:11:14 This is really how somebody comes to the city and asks a

10:11:18 question about their property, where they can get an actual

10:11:22 answer back that they can rely on.

10:11:25 Sometimes it's just necessary -- it's not something that I

10:11:31 think you would ever change in the sense of somebody coming

10:11:34 to council because if somebody comes to a closing having a

10:11:36 question about their property with what the development

10:11:39 rights are on their property, having that process come to

10:11:42 City Council, I think would be very difficult and

10:11:44 complicated and then you would have to create some other

10:11:46 process to get people the answers.

10:11:48 That was the basis upon this process being created.

10:11:51 But I think it's appropriate and important for us to go back

10:11:54 to some of this in May because a lot of these decisions and

10:11:57 a lot of these changes, as you all have been here now,

10:12:02 either you were members of council, or you all have been

10:12:05 here for a period of time, and we have seen a lot more

10:12:08 decisions being made because it appears that more people are

10:12:10 requesting to develop their property, and it's a good idea

10:12:13 for us to go back and revisit some of these.

10:12:15 >>FRANK REDDICK: Mr. Chair, I support the motion to have

10:12:20 the workshop because I think we need to revisit it, because

10:12:24 when we start getting more and more people questioning the

10:12:27 decision, and I think what I'm hearing, those people in the

10:12:31 community are saying, we prefer to come from council and

10:12:35 raise our objection or support instead of the zoning

10:12:40 administrator or someone about an issue, particularly

10:12:42 development issue.

10:12:43 So I think we need to look at doing the workshop, and

10:12:47 discussing this, and I am going to support a motion for a

10:12:51 workshop.

10:12:51 Thank you.

10:12:53 >>CHARLIE MIRANDA: Ms. Montelione?

10:12:54 >>LISA MONTELIONE: Thank you.

10:12:56 And I'm also going to support the motion for the workshop.

10:12:59 And if the maker of the motion would accept an amendment to

10:13:05 the motion is that when we met for the strategic planning

10:13:09 session, we talked about having a land use workshop.

10:13:12 So on May 29 -- I'm sorry, 23rd, there's only one

10:13:19 workshop already scheduled, so this would be the second one.

10:13:21 I think we have time to expand, not just talk about the

10:13:26 formal decision process but to talk about, you know,

10:13:30 different land use issues in that one session instead of

10:13:35 spreading it out between different sessions.

10:13:37 Because I think it is something that when we had the

10:13:40 orientation, when we all took office, I found very helpful,

10:13:45 and I think other members of council found it helpful and

10:13:48 during the strategic planning we talked about having another

10:13:50 one, because there were so many things that we all wanted

10:13:54 more information on.

10:13:55 So rather than slicing it up into little pieces have an

10:13:58 expanded discussion on land use.

10:14:00 >>MARY MULHERN: I'm not sure that this is the best time to

10:14:08 do that, because I'm not kidding you, there are a lot of

10:14:12 decisions that we received, and I think that's the only

10:14:16 way --

10:14:18 >>LISA MONTELIONE: So just limit to --

10:14:20 >>MARY MULHERN: I would keep limited.

10:14:22 >>LISA MONTELIONE: We'll schedule another day.

10:14:24 >>MARY MULHERN: This is going to take a whole day.

10:14:28 Neighborhood will be involved in the workshop.

10:14:30 >>LISA MONTELIONE: That's fine.

10:14:32 I'll look for another date on the calendar to do the other

10:14:34 discussion.

10:14:35 The only other thing that I wanted to add to that was when I

10:14:39 was appointed at Hillsborough County I was responsible for

10:14:42 doing some of the research for some of the zoning

10:14:44 administrator decisions that Paula Harvey was responsible

10:14:48 for as the division manager for planning, zoning

10:14:51 coordination over at Hillsborough County.

10:14:54 And there's maybe some confusion as to what a formal

10:15:00 decision is.

10:15:02 And the things that I researched were, you know, there have

10:15:06 been multiple land developments in Hillsborough County over

10:15:09 the years since Land Development Code came into effect in

10:15:13 the 80s.

10:15:14 And sometime in those planning developments it wasn't clear

10:15:20 what you were set back for your house, so if somebody

10:15:23 applied for a permit and wanted to add a room onto their

10:15:26 house, they would submit an application, but there was

10:15:31 discrepancy on what this T setback was, and it was part of

10:15:35 my job to go and dig through the archives and the records to

10:15:38 find out when this plan development was approved, what were

10:15:42 the setbacks that were approved along with that planned

10:15:45 development, and establish that, you know, 5-foot, 7.5 feet,

10:15:50 20 feet, what are the setbacks?

10:15:53 So some of these things are very mundane, and like Ms. Cole

10:15:56 said are, you know, come up that arise out of a real estate

10:16:00 transaction, and they needed clarification for closing.

10:16:03 So there's a wide range of decisions that the administrator

10:16:07 makes, and some of them mundane, like what I used to do, and

10:16:11 some of them much more complicated, and the public needs to

10:16:14 be able to weigh in.

10:16:16 So I think you are right.

10:16:18 It is a complicated issue, Ms. Mulhern.

10:16:20 >>MARY MULHERN: I'm sorry, I'm going to ask for some

10:16:29 clarification.

10:16:32 Let me give an example.

10:16:34 If someone comes for -- I believe the changes we made in the

10:16:40 code, for instance, in the alcoholic beverage permitting,

10:16:45 the special use permitting, that come to council which are

10:16:52 now given administratively, that part of this packet.

10:16:57 What about if you change to a PD?

10:17:02 >>LISA MONTELIONE: No.

10:17:03 These are severally-

10:17:06 >>JULIA MANDELL: An example, to come up with -- I have a

10:17:13 property that's zoned a certain way, has a PD on it.

10:17:17 I think I have the right to do this and get my permit.

10:17:20 But what do you think, zoning administrator?

10:17:23 Because you are the one that gets to make that decision.

10:17:26 It's usually you are in a process where you either go to

10:17:29 closing or you are in the middle of permitting and there's

10:17:31 some confusion on maybe a note on a site plan, or

10:17:34 alternatively whether or not you are in existence as a

10:17:37 nonconform structure or not.

10:17:41 It's very fact specific.

10:17:42 Is there evidence to show evidence that you could -- you

10:17:47 have to have a process under which somebody can come to the

10:17:49 city and ask that question and get an answer.

10:17:51 And we used to have a very wide-open process that was, you

10:17:55 know -- the zoning administrator can get a response back and

10:18:01 the next thing now that was being appealed to City Council

10:18:03 and everybody was like, there was no application, there was

10:18:08 no process, there was no evidence.

10:18:11 This just formalizes that.

10:18:13 >>MARY MULHERN: That's fine.

10:18:15 Thank you.

10:18:16 Then I would skull actually like to revisit that.

10:18:19 I do want to look through these.

10:18:21 And it is a huge pile.

10:18:23 And it's going to take a few months to see what's there.

10:18:25 Because I want to know how routine they are.

10:18:29 But I think you may be right, that we should make it

10:18:34 broader.

10:18:34 >> It has to do with the pain management process because in

10:18:40 order to get the permit for the pain management clinic you

10:18:43 were obligated to get a formal zoning of the administrator.

10:18:49 So I'm told one of the reasons why there's such a higher

10:18:52 volume in this particular batch is because of that

10:18:54 requirement in the pain management regulation.

10:18:56 >>MARY MULHERN: So I'm interested in this, so I still want

10:19:00 to revisit -- not revisit, but restate what my earlier thing

10:19:06 was, that I think we need to receive these and file these

10:19:10 and have them become public record more often than once a

10:19:16 year, so that people can actually look at them.

10:19:20 So I would like to do that.

10:19:21 But I think that Councilwoman Montelione is right, because

10:19:26 some of these other issues -- so we should do both.

10:19:29 So we could have two motions.

10:19:31 >>HARRY COHEN: Let me make a suggestion.

10:19:34 Councilwoman Capin wants to speak.

10:19:36 I think we should reserve the time.

10:19:38 Since its may 23rd, if this is going to come back in the

10:19:41 next week or so we can clarify exactly what the agenda will

10:19:44 be incorporating the statements that Councilwoman Montelione

10:19:46 made before.

10:19:48 Councilwoman Capin.

10:19:50 >>YVONNE CAPIN: Thank you.

10:19:50 I do remember that meeting, which was a special called

10:19:58 meeting, March 28, and I remember, I tried to continue it,

10:20:02 and the vote was 3-4 so it wasn't continued and the vote

10:20:07 went 3-4 to move it.

10:20:09 And since then, we have been trying to look at it, and that

10:20:14 was in March of 2011.

10:20:17 It's been two years. Anyway, I look forward to looking at

10:20:21 this again.

10:20:21 Thank you.

10:20:25 >>CHARLIE MIRANDA: Thank you.

10:20:25 Any other council members at this time?

10:20:27 All right.

10:20:27 I believe there was a motion on the floor.

10:20:32 >>MARY MULHERN: My motion, I accepted Councilwoman

10:20:36 Montelione's addendum, addenda.

10:20:42 >>CHARLIE MIRANDA: Made by Mrs. Mulhern, seconded by Mr.

10:20:44 Reddick.

10:20:44 And they both accept the addendum.

10:20:47 All in favor of the motion?

10:20:49 Opposed?

10:20:50 The ayes have it unanimously.

10:20:51 Thank you very much.

10:20:51 >>THE CLERK: What would be the time of that workshop?

10:20:57 >>HARRY COHEN: 9 a.m. on May 23rd.

10:21:01 >>CHARLIE MIRANDA: I'm sorry.

10:21:02 Yes.

10:21:05 >> We need a motion to adopt the resolution.

10:21:09 >>CHARLIE MIRANDA: Number 50.

10:21:11 Had I have a motion to adopt by Mrs. Mulhern.

10:21:14 Second by Mrs. Montelione.

10:21:15 All in favor of the motion?

10:21:17 Opposed?

10:21:17 The ayes have it unanimously.

10:21:19 Item number 51.

10:21:21 Legal department.

10:21:23 That's you.

10:21:23 >>JULIA MANDELL: Legal department.

10:21:27 I sent to you last week a proposed city ordinance on the

10:21:41 Internet sweepstakes cafes.

10:21:44 It would prohibit going forward any operation or use by any

10:21:47 business, the simulated gaming devices, the Internet

10:21:53 sweepstakes cafe, there would be a ban moving forward.

10:21:57 The ban is similar to both the ban that was put in place in

10:22:01 Hillsborough County and within Seminole County, just for the

10:22:05 purposes of the record, let me say that Hillsborough County

10:22:08 litigation has been dismissed.

10:22:12 In Seminole County, I spoke with the attorney for Seminole

10:22:15 County in this regard.

10:22:18 Some of the cases -- all of the Internet, sweepstakes cafes

10:22:22 under the ban, ordinance in Seminole County, had shut down,

10:22:26 there was pending litigation that's in the process of being

10:22:29 dismissed.

10:22:29 There is still discussion that there could be additional

10:22:31 litigation but at this point in time we don't know.

10:22:34 But I wanted to say that for the record.

10:22:36 Language in this ordinance is the same language that is in

10:22:41 use in other jurisdictions and so far there is no pending

10:22:44 litigation, or case law within the State of Florida which

10:22:52 would overturn that decision of those local governments to

10:22:55 put in place the ban.

10:22:56 The second thing that is within this ordinance, it creates

10:23:00 regulations for the existing businesses that have the

10:23:04 Internet sweepstakes cafes or simulated gaming devices.

10:23:09 It requires citizens to receive their business tax lie is

10:23:13 sense as they have at the state, at the point in time they

10:23:16 come in for their business tax on an annual basis, they will

10:23:19 be obligated under the way this ordinance is drafted, to

10:23:24 provide the city with certain information.

10:23:27 We have defined them as existing establishments.

10:23:30 And they will be obligated to tell us the total number of

10:23:35 machines that they have as of the date of this ordinance.

10:23:38 And they will not be allowed per this ordinance to have any

10:23:41 additional sweepstakes devices.

10:23:44 They are obligated to identify the software and hardware

10:23:48 they are using.

10:23:49 They are obligated to give us a copy of the proposed rules

10:23:52 for the simulated gaming devices, sweepstakes devices.

10:23:58 They are not allowed to relocate as of the date of any other

10:24:03 location, meaning if you are an existing establishment and

10:24:07 in this particular location as of the date of the adoption

10:24:10 of this ordinance, they cannot move to another location.

10:24:12 They are where they are.

10:24:15 They are also obligated to operate in conformance with

10:24:19 chapter 27 meaning they have to be zoned N places they are

10:24:23 zoned properly.

10:24:24 The ones today are zoned properly but we want to make sure

10:24:26 it was very clear in the code.

10:24:28 In addition, they have to file and apply for and pay their

10:24:31 business tax.

10:24:32 If they fail to do any of these things, then within a period

10:24:37 of time, what I put in this ordinance, felt that was

10:24:43 adequate enough time for us to do an investigation, the

10:24:47 locations, they have additional devices, are not giving the

10:24:52 proper information that they are supposed to give us, then

10:24:54 they will no longer be deemed to be an existing business,

10:24:57 and they will have to comply with the ban, meaning they will

10:24:59 have to shut their business down.

10:25:04 And unless we allow them to have alcohol will be allowed to

10:25:08 have any discussion of alcohol on premises.

10:25:12 One establishment that this City Council did give a special

10:25:15 use for alcohol for, they will be able to continue to

10:25:17 operate with their special use permit for alcohol.

10:25:21 But they would be really the only one.

10:25:25 One is to give a permit for alcohol, they would not be

10:25:28 allowed to apply for that, and operate the is simulated

10:25:32 gaming devices.

10:25:33 In addition they can't provide opportunities for people to

10:25:36 even come onto the premises and drink alcohol like a bottle

10:25:40 club or something like that.

10:25:41 So that's in line with City Council's motion.

10:25:43 I also provide the broadest array of enforcement options.

10:25:48 I also asked the prosecutor, Mr. Mueller, our code

10:25:52 enforcement attorney, to review this and am comfortable we

10:25:55 have put in place a broad array of enforcement requirements.

10:25:59 We may come back to you with a better enforcement process

10:26:04 for civil citations to amend that code.

10:26:06 We have not at this point in time because I think we are

10:26:09 going to look at seeing if we are going to have an issue.

10:26:11 That the point in time we know we have 13 establishments.

10:26:14 It's really going forward, establishments trying to move

10:26:19 into the market at this point.

10:26:20 We don't know the answer to that question.

10:26:22 I'm available for any additional questions at this first

10:26:25 reading of the ordinance.

10:26:26 I also want to make it clear for the record as I did at the

10:26:29 last hearing that under the pending ordinance doctrine,

10:26:33 especially now that this has been read on first reading,

10:26:36 this would apply in the City of Tampa for the purposes of

10:26:39 anybody trying to come to this market and wanting to argue

10:26:41 that they have some rights to operate, although this

10:26:45 ordinance hasn't been read on second reading, I would feel

10:26:48 comfortable that we could argue the doctrine in this

10:26:54 instance.

10:26:54 Again I'm available for any questions.

10:26:56 >>CHARLIE MIRANDA: I have Mrs. Capin, Mr. Suarez, Mrs.

10:26:58 Montelione.

10:27:02 >>YVONNE CAPIN: Ms. Mandell, when the county was dismissed,

10:27:06 that was with prejudice or without prejudice?

10:27:08 >> I understand it was so yes, that could come back.

10:27:14 >>YVONNE CAPIN: Okay, it can come back.

10:27:15 I wanted that to be very, very clear.

10:27:18 >>JULIA MANDELL: And I think I would even like to reiterate

10:27:22 that again, as I said in the initial part of my

10:27:25 presentation, the jurisdictions that have instituted bans,

10:27:29 most notably Seminole, Hillsborough County, a couple of

10:27:33 different municipalities, had some pending mitigation.

10:27:36 There has been no decision within the State of Florida.

10:27:41 Or within the federal court system, where many of these

10:27:45 cases were brought, which had overturned bans.

10:27:49 There has been litigation where temporary injunctions

10:27:54 haven't been granted but that is not a final decision of a

10:27:56 court of competent jurisdiction.

10:27:58 All that being said, in talking to some of the other

10:28:00 attorneys, and I have talked to several of them over this

10:28:03 issue, there is a level of confidence among practitioners

10:28:07 that represent local governments that instituting a ban,

10:28:10 such as the ban that we would be instituting with this

10:28:13 ordinance, is legally sustainable.

10:28:17 I can't obviously tell you 100% for sure that we do this and

10:28:20 we won't receive litigation over it and/or we won't prevail.

10:28:24 But I will tell you at this moment in time I think this

10:28:26 ordinance does a very good job of protecting the city's

10:28:31 legal rights.

10:28:32 And what a lot of those ordinances have not done and this

10:28:36 does do by motion of City Council, was provide an

10:28:38 opportunity for those businesses that exist to remain in

10:28:41 operation with regulations.

10:28:44 The regulations that I was describing are regulations taken

10:28:48 out of the city's ordinance which was upheld.

10:28:51 So I believe this ordinance strikes the best balance

10:28:55 possible to ensure that we could legally defend this

10:28:57 ordinance as it relates to new businesses, and legally

10:29:01 defended as relates to the --

10:29:04 >>YVONNE CAPIN: I appreciate all the research that you have

10:29:06 done, and giving us the comfort level.

10:29:08 And then I also would add, because at the end of the last

10:29:13 meeting, or that meeting, there was -- and unfortunately my

10:29:18 notes are not here -- an attorney came forth from

10:29:23 Jacksonville, and Jacksonville was upheld.

10:29:26 >> That's correct.

10:29:28 >>YVONNE CAPIN: And there you have a difference.

10:29:29 Nonetheless, thank you for that comfort level.

10:29:31 I appreciate it.

10:29:31 >>JULIA MANDELL: You're welcome.

10:29:32 >>MIKE SUAREZ: Ms. Mandell, in terms of the -- I am going

10:29:37 to piggyback on what Mrs. Capin asked because I was going to

10:29:41 ask the exact same question.

10:29:42 But what was the legal argument that was used by the

10:29:47 plaintiff in the case concerning the dismissal?

10:29:54 What was it an attack on?

10:29:56 >>JULIA MANDELL: In Hillsborough County I understand the

10:29:58 reason the case was dismissed is because their operator in

10:30:01 Hillsborough County had decided not to retain their business

10:30:05 in Hillsborough County.

10:30:07 >> So they had no standing?

10:30:08 >> They had no standing.

10:30:10 In Seminole, I understand the issue, I have read the cases

10:30:13 that have come out on this, there has been some public

10:30:16 decision on a temporary injunction, and I have spoken to the

10:30:19 attorneys for Seminole County as well.

10:30:21 So the argument that they made was a first amendment

10:30:25 argument, and also that we cannot stand, meaning Seminole

10:30:31 County, cannot stand that which the Florida legislature says

10:30:33 is okay.

10:30:36 And there was this temporary injunction against Seminole

10:30:41 County, meaning Seminole County was allowed at the moment in

10:30:44 terms of ordinance going into place to fine those

10:30:48 businesses, to go ahead.

10:30:52 Seminole County did go forward with the code enforcement

10:30:55 action because they have that right.

10:30:56 And I understand that all of those businesses have closed,

10:31:00 and a lot of cases have been dismissed, but to move forward

10:31:04 again.

10:31:05 We don't know.

10:31:06 The only decision that I can discern for you was that the

10:31:10 first amendment argument that was made in relation to

10:31:13 Seminole County, meaning people have a first amendment right

10:31:15 to go into a business and operate this machinery, and the

10:31:18 business had the first amendment right also to provide this

10:31:21 opportunity, was pretty much rejected.

10:31:24 And I have seen outside the State of Florida where that

10:31:29 first amendment argument was also rejected.

10:31:32 >> There were no other arguments in the Hillsborough County

10:31:32 case concerning either state Constitutional law or state

10:31:35 legislative law, it was just specifically about, you know --

10:31:42 >>JULIA MANDELL: It was for existing businesses, primarily

10:31:44 from what I could tell, from what I read and the

10:31:47 conversations I had, was more of a vested rights type of

10:31:49 argument.

10:31:50 You know, "I was here; I should be able to ..."

10:31:51 >>MIKE SUAREZ: More on the land use side as opposed to a

10:31:55 constitutional --

10:31:56 >> And that's why I feel a little bit more confident knowing

10:32:02 that our ordinance is not spanning the businesses that are

10:32:05 currently in existence.

10:32:07 So I feel comfortable that we won't have the same arguments

10:32:10 that Hillsborough County is facing.

10:32:12 Keep in mind when you bring litigation, they are throwing up

10:32:15 everything against the wall so they raise a lot of these

10:32:18 other issues.

10:32:18 But the main issue from what I could tell was the fact that

10:32:21 they were existing businesses, and that's what they were a

10:32:24 arguing.

10:32:25 >>MIKE SUAREZ: And I don't want to put you in a position of

10:32:27 saying there was no argument that can be used that can not

10:32:30 knock this out.

10:32:32 But knowing it was dismissed and knowing why it was

10:32:35 dismissed is important for me, because then we can get some

10:32:38 comfort level, as Mrs. Capin just said, about the way that

10:32:42 this is drafted.

10:32:43 Now, you made a comment that the people that run these

10:32:48 particular enterprises have to show us their hardware and

10:32:53 software.

10:32:53 Is that because it has to meet a certain state standard for

10:32:58 these type of devices?

10:33:00 Or what's the purpose for that?

10:33:02 >>JULIA MANDELL: The purpose behind that, really, it's

10:33:05 really informational.

10:33:07 It was done in Jacksonville, and as we were talking about it

10:33:10 you asked me to pull up some of the regulations and I

10:33:13 thought that was one, and Mrs. Montelione raised the issue

10:33:16 regarding what about of somebody coming in and not using

10:33:20 their hardware and their software.

10:33:23 By asking them for these businesses to just provide that

10:33:25 information, I think it gives us the opportunity to know

10:33:27 what exactly is this that you are using, informational, and

10:33:32 to a sure that they are not trying to find a way to get

10:33:34 around all of this.

10:33:35 >>MIKE SUAREZ: And back to that discussion about

10:33:38 hardware/software, is there any hardware or software that is

10:33:43 not allowed under Florida law for gaming purposes that they

10:33:49 may be using -- there are specific types of payouts and

10:33:54 other things that they have to provide in order to, I

10:33:57 believe, be a gaming device under gaming law?

10:34:01 And --

10:34:04 >>JULIA MANDELL: Sweepstakes devices -- are not necessarily

10:34:10 regulated by --

10:34:11 >>MIKE SUAREZ: Outside the law in terms of that.

10:34:13 I whats just curious about that.

10:34:15 >> Yeah.

10:34:16 >> When you brought up that subject matter I wasn't sure if

10:34:19 we were touching on what state regulation was, to include

10:34:21 that in here so that we had a double pronged approach to

10:34:25 making sure that these devices if they are currently being

10:34:28 operated or being used in a fair way by virtue of state law,

10:34:34 or if it was just, as you mentioned, informational only.

10:34:37 >>JULIA MANDELL: At this point it's informational.

10:34:40 Now you do raise another issue that I feel compelled to

10:34:43 bring up, which is at the last meeting, at this point in

10:34:48 time it doesn't appear from what I have read and seen that

10:34:51 there's going to be any action on the part of the state

10:34:53 legislature on this matter.

10:34:54 They are putting things through their committee process.

10:34:58 I will say that there was two bills that have now been

10:35:02 filed.

10:35:03 I don't know that they are going to go anywhere, to be

10:35:05 honest with you, because as the committee chairman said we

10:35:09 are not going to be bringing this issue.

10:35:11 It was interesting to note that those two bills that were

10:35:17 brought forward tulip does something similar to what we were

10:35:20 talking about doing a couple weeks ago, which is ban the

10:35:24 ones going forward and regulate the ones that are in

10:35:27 existence.

10:35:28 So it appears somebody else is having the same theory.

10:35:31 Again, I don't know if this is going to go anywhere or not

10:35:36 but when it does come back to the state -- and I believe it

10:35:39 will probably next section -- we may need to revisit this to

10:35:42 make sure we are not out of step with what the Florida

10:35:45 legislature has done.

10:35:46 So I think it's important for us to know that there is a

10:35:48 possibility some of this may get preempted.

10:35:50 But for now, as it stands today, as I have said, I feel

10:35:54 relatively comfortable that our proposed ordinance is

10:35:58 legally defensible.

10:35:59 I think it does exactly what City Council has requested, the

10:36:04 ordinance to do, and I think it will give us the best

10:36:07 opportunity to withstand the challenge.

10:36:10 But can't make any promises.

10:36:11 >>MIKE SUAREZ: I know that.

10:36:13 And we aren't going to make you make promises because there

10:36:15 are lots of different ways in which people can read the law

10:36:19 and try to interpret it.

10:36:21 They may find a jurisdiction or a court that's going to

10:36:23 allow some of this, and make an argument that we have not

10:36:27 thought of yet.

10:36:28 One last question.

10:36:29 In terms of the current business owners that are operating

10:36:34 these type of Swope stakes now, have any of them approached

10:36:38 you or approached the administration about the upcoming

10:36:43 rules or any discussions with any of these parties yet?

10:36:49 >>JULIA MANDELL: Nobody has approached me.

10:36:51 I don't understand that anybody approached Mr. Joe Papy, the

10:36:54 record keeper of these items, and he does speak with them

10:36:58 about these proposals.

10:36:58 They are aware that City Council is looking at this issue.

10:37:01 I was going to make the recommendation if council was

10:37:07 comfortable that before second reading, that I actually send

10:37:12 a copy of this ordinance to those folks, so they are aware

10:37:15 of what's happening so we don't have them come back later

10:37:18 and say we have no idea.

10:37:19 >> I was just going along those same lines.

10:37:21 I was just thinking about whether or not they had had a

10:37:25 discussion with you, or made a preemptive legal challenge to

10:37:30 us trying to put this in place.

10:37:32 So we.

10:37:33 Heard any of that.

10:37:34 And I think you are right.

10:37:35 I think we should, after we do our first reading, report

10:37:38 back to them and tell them, this is what's going down the

10:37:41 pike, these are going to be your new rules, and you are

10:37:44 going to have to follow these rules.

10:37:45 Thank you, chair.

10:37:47 >>CHARLIE MIRANDA: Mrs. Montelione.

10:37:47 >>LISA MONTELIONE: Thank you, sir.

10:37:50 As we discussed earlier, that this ordinance was based in

10:37:56 part, that you crafted, was based in large part on the

10:38:00 Jacksonville ordinance which was upheld, and the

10:38:02 Jacksonville ordinance also included a couple of other

10:38:05 things, after having a chance to talk with you and read

10:38:09 through it, that we did not include in this ordinance.

10:38:11 So I'm wondering if council so desires if we can add these

10:38:16 things between first and second reading knowing that they

10:38:18 were already upheld, because they are in the Jacksonville

10:38:21 ordinance, and that is to add that minors are restricted

10:38:26 from being on premises, and the other is that window signage

10:38:32 that would say gambling related, Vegas style games, because

10:38:40 I know the ones in my neighborhood, you go by, and, you

10:38:44 know, it looks like, in some part, almost based on a Florida

10:38:48 Lottery-like card where they have those big graphics and

10:38:53 kind of things plastered all over their windows.

10:38:56 So those were two things that were in the Jacksonville

10:39:00 ordinance that we did not include in ours.

10:39:02 And I'm wondering if we can do that between first and

10:39:04 second.

10:39:04 >> If you would motion for me to add that between first and

10:39:07 second reading that would not change the ordinance and I'm

10:39:10 comfortable we can do that, and those two provisions are

10:39:13 within the Jacksonville ordinance, and that has been upheld

10:39:16 so I feel comfortable week add those provisions.

10:39:18 >> I would like to move that we approve item number 51 with

10:39:23 the changes of those two provisions between first and second

10:39:27 reading to add minors and limit window signage.

10:39:33 >> Motion by Mrs. Montelione.

10:39:37 Second by Mr. Suarez.

10:39:38 Any discussion?

10:39:39 All in favor of the motion please indicate by saying aye.

10:39:43 Yes, sir.

10:39:53 >>CHARLIE MIRANDA: Read the ordinance that I have marked

10:39:54 here which is between A and B.

10:39:56 That section there between A and B.

10:39:58 >> I move an ordinance for first reading consideration,

10:40:03 ordinance prohibiting the operation and use of simulated

10:40:06 gambling devices for use by public in any premises, creating

10:40:11 chapter 14, article IX, simulated gambling devices, section

10:40:16 14-301 through section 14-306 providing for enforcement,

10:40:20 providing for repeal of all ordinances in conflict,

10:40:24 providing for severability, providing an effective date, and

10:40:26 including the changes to be made that we discussed here

10:40:28 today.

10:40:30 >>CHARLIE MIRANDA: Can I add, if I may, just add that you

10:40:33 send a copy of that to the Florida department of business

10:40:35 professional regulation, Mr. Joe Helpin?

10:40:41 And I will give you his e-mail.

10:40:43 Any further discussion by council members?

10:40:46 Motion made by Mrs. Montelione, second by Mr. Suarez.

10:40:49 All in favor of the motion?

10:40:51 Opposed?

10:40:52 The ayes have it unanimously.

10:40:54 Thank you very much.

10:40:54 >>THE CLERK: Second reading of the ordinance will be held

10:40:57 March 21st at 9:30 a.m.

10:41:01 >>CHARLIE MIRANDA: Thank you.

10:41:01 We go to staff reports.

10:41:06 Item number 52.

10:41:11 48 through 53.

10:41:12 And we are going 52 of that 48 to 53.

10:41:16 >>MARTIN SHELBY: Good morning, Mr. Chairman.

10:41:20 Martin Shelby, City Council attorney.

10:41:21 Before you, you have a draft of council's consideration on

10:41:25 item number 52.

10:41:29 >>CHARLIE MIRANDA: Mrs. Capin.

10:41:31 >>YVONNE CAPIN: I want to clear the record.

10:41:32 Because on our agenda it has a special note.

10:41:35 And that is incorrect.

10:41:37 I tried to correct it yesterday morning.

10:41:40 But that couldn't be done.

10:41:41 So I am going to read my motion so that it is on the record

10:41:47 the way I intended it, if you will, please.

10:41:53 That council attorney Martin Shelby be requested to appear

10:41:55 before council on March 7th, 2013 and present a

10:41:58 resolution urging the administration pursue a public-private

10:42:03 regional center joint venture to engage in the

10:42:05 employment-based federal program known as EB-5 at no cost to

10:42:09 the city using an outside entity to administer the RFP for

10:42:14 such a joint venture and urging the administration to

10:42:17 establish a citizens group for the purpose of identifying

10:42:20 and vetting the prospective projects, and further that the

10:42:25 mayor may structure Tampa's regional center for our city to

10:42:28 be involved with the promotion of economic growth, improved

10:42:32 regional productivity, job creation, and increase domestic

10:42:36 capital investment.

10:42:38 So that's the way it should have read in today's agenda.

10:42:42 >>CHARLIE MIRANDA: Can we explain, Mr. Shelby, what the

10:42:44 difference is?

10:42:45 >>MARTIN SHELBY: Between what is in the motion and what

10:42:50 council member Capin just stated?

10:42:52 Is that the question?

10:42:53 >>CHARLIE MIRANDA: Just very briefly.

10:42:54 >>MARTIN SHELBY: Briefly, the last section that she put

10:43:00 on -- that she read about the mayor structural the regional

10:43:06 center, I had understood that that was originally part of

10:43:13 your motion.

10:43:15 That was my understanding at the time.

10:43:17 And I had structured the resolution that way.

10:43:21 Except for the fact that last section, I believe, appeared

10:43:26 in the body of the whereas clauses as opposed to after the

10:43:31 therefore.

10:43:31 And if that's acceptable to Councilwoman Capin, then that

10:43:34 would be consistent with what her motion was.

10:43:38 >>YVONNE CAPIN: Yes, it is consistent.

10:43:39 We went over that.

10:43:43 The difference is this is made into a special note, and

10:43:45 there was no special note on my motion.

10:43:50 So thank you.

10:43:51 Thank you.

10:43:52 >>CHARLIE MIRANDA: Okay.

10:43:55 >>YVONNE CAPIN: I also, if I may.

10:43:58 >>CHARLIE MIRANDA: Yes, ma'am.

10:43:59 >>YVONNE CAPIN: As maker of the motion, I want to enter into

10:44:01 the record -- and I am going to read along with -- let me

10:44:09 get this straight here.

10:44:11 Excuse me one second here.

10:44:14 Okay.

10:44:23 Along with those that appeared before us and those that

10:44:27 wrote letters of support, which were the University of South

10:44:29 Florida Westshore Alliance, Tampa Hillsborough economic

10:44:32 Development Corporation, U.S. representative Kathy Castor, I

10:44:42 received this letter yesterday from Mr. Lopano.

10:44:47 I am writing to express Tampa International Airport's

10:44:50 designating Tampa as an EB-5 center, it is our understanding

10:44:57 it will provide flexibility and funding for implementation

10:44:59 to the airport's 2013 master plan which is critical for the

10:45:02 future growth of Tampa International Airport.

10:45:05 In addition the investigation would encourage foreign direct

10:45:08 investment in Tampa, establishing more international

10:45:11 business sites to our community has the potential to greatly

10:45:15 benefit the airport's recruitment of international flights

10:45:18 by expanding demand for such air service.

10:45:21 Our research shows that one daily non-stop flight to a city

10:45:27 overseas has an economic impact of $154 million and creates

10:45:32 1,200 jobs for our region.

10:45:35 That is good not just for the city but for the entire Tampa

10:45:38 Bay area.

10:45:39 Sincerely, Joe Lopano, chief executive officers.

10:45:43 I have a copy here for the clerk.

10:45:49 >>CHARLIE MIRANDA: Any further discussion?

10:45:51 Mr. Suarez?

10:45:52 >>MIKE SUAREZ: Thank you, chair.

10:45:55 Mr. Shelby, I have a question in terms of resolution versus

10:45:59 ordinance.

10:45:59 In terms of what we are asking the administration and the

10:46:03 mayor to do, because there's two separate things in this

10:46:06 section, one is urging the mayor to create this, or to go

10:46:11 into negotiations with and select an outside administrator

10:46:14 to go through the process of creating this regional center.

10:46:18 If I read this correctly.

10:46:20 And then the second part of it is that we as a City Council,

10:46:25 along with the administration, has power to select certain

10:46:29 people to be on the citizens advisory board.

10:46:34 My question is that the mayor, because it's a resolution,

10:46:39 can say I'm not going to do any of this.

10:46:41 Correct?

10:46:42 I'm just asking a question.

10:46:43 I don't know.

10:46:45 >>MARTIN SHELBY: The way it's phrased here is that it is

10:46:49 urging that the Tampa City Council is urging Mayor Buckhorn

10:46:52 to take this action.

10:46:55 It does not create -- this resolution does not create a

10:46:59 committee.

10:46:59 >>MIKE SUAREZ: Correct.

10:47:02 And my point is that section 2 cannot be acted upon until

10:47:06 section 1 is acted upon.

10:47:07 >>MARTIN SHELBY: And there are two independent requests,

10:47:11 and they can be acted on independently.

10:47:14 >>MIKE SUAREZ: Meaning that the mayor could go ahead and

10:47:16 start the process of creating an EB-5 program regardless --

10:47:21 and not have this citizens advisory part of it, independent

10:47:26 of what we have urged him to do, correct?

10:47:29 >>MARTIN SHELBY: That's correct.

10:47:30 This is an expression of City Council's position formalized

10:47:32 and sent to the mayor.

10:47:33 >>MIKE SUAREZ: Now the second question because you brought

10:47:34 it up in terms of the first question that they are

10:47:36 independent, in terms of the second part of it, does it

10:47:41 still have the weight of City Council being able to create

10:47:45 the citizens advisory group without the mayor?

10:47:48 My point is that the linkage between two and one, does two

10:47:55 have to be -- can only be created after one is in place?

10:48:02 >>MARTIN SHELBY: The best way to answer that would be to

10:48:04 say that the question as to City Council's role in selecting

10:48:09 the project is beyond the scope of this altogether.

10:48:15 >>MIKE SUAREZ: No, no, wait a minute, you misunderstood.

10:48:17 I am not talking about the selection of project.

10:48:19 I am talking about the selection of individuals that serve

10:48:21 on the advisory board.

10:48:22 Because you have got in the resolution itself -- and I

10:48:25 apologize to my colleagues, because there is a bit of, you

10:48:29 know, art to this resolution that I am having a little

10:48:32 trouble understanding, which is if we are urging the mayor

10:48:34 to do something, and the mayor says no, then the second part

10:48:38 means nothing anyway, and that's what I am trying to say.

10:48:41 You did say a moment ago that one can be done independently,

10:48:44 or both can be done -- only one of those can be

10:48:48 independently but we don't have the independence to do it.

10:48:52 Or are you saying we do?

10:48:54 >>MARTIN SHELBY: When you phrase it that way, there's an

10:48:57 assumption that one would be implemented before two would be

10:49:02 implemented.

10:49:02 And if when I asked to defer the question to Councilwoman

10:49:08 Capin had who was on the fact finding task force and is

10:49:12 familiar with the process, and she would be more able to

10:49:16 answer what the intent is.

10:49:19 Of the resolution.

10:49:19 >>MIKE SUAREZ:

10:49:23 >> From a legal standpoint this resolution is not binding on

10:49:26 the administration.

10:49:27 That's bottom line.

10:49:27 >>MIKE SUAREZ: I just want to get that straight because I

10:49:30 know the intent of what Mrs. Capin has been doing -- and I

10:49:33 think that I would be correct in saying that it's just that

10:49:36 when we look at these resolutions, when it is mixing two

10:49:40 separate things on one resolution, obviously, we have some

10:49:45 independence from the mayor to do a lot of other things.

10:49:49 And there is part of it that's talking about our

10:49:52 independence in terms of what we are going to do, and being

10:49:55 part of it.

10:49:55 But we have no role as part of this resolution, I should

10:50:01 say.

10:50:02 I mean, legally, is that the answer?

10:50:04 I'm talking legally now.

10:50:06 I know that we can do whatever we want, you know.

10:50:08 If the mayor decides not to go forward with the EB-5 program

10:50:14 and the center, but, you know, that's why I am asking the

10:50:18 question, because there are two parts of this.

10:50:21 And one part, obviously we are urging the mayor to do

10:50:24 something.

10:50:24 He can just say, you know, and then we would have to, you

10:50:30 know, take up another role in this, the resolution itself,

10:50:34 doesn't help us in that way.

10:50:36 We have got to do something separate.

10:50:37 >>MARTIN SHELBY: Yes.

10:50:40 >>MIKE SUAREZ: Thank you.

10:50:41 You have answer PD my question.

10:50:42 >>CHARLIE MIRANDA: Other council members?

10:50:44 Mrs. Montelione.

10:50:45 >>YVONNE CAPIN: Can I help you, Mr. Suarez?

10:50:47 Will you indulge me?

10:50:49 I have researched on other centers' firewalls, and when they

10:50:58 have a separate entity to vet these projects it could be a

10:51:04 second tier, a third tier, and, yes, as far as all of this

10:51:08 is concerned, the mayor may implement it now, later, or

10:51:12 never.

10:51:12 He may implement parts of it.

10:51:14 He can make a Tampa version.

10:51:20 This is basically stating that the council as it moves

10:51:28 forward is in favor of moving forward.

10:51:33 And I understand your part there that the second part,

10:51:39 again, it is up to the mayor, and as far as the City

10:51:44 Council -- if anyone is comfortable with that I would be

10:51:48 happy to remove it.

10:51:50 I just thought that would be part of if it went forward that

10:51:53 City Council would want to --

10:51:55 >>CHARLIE MIRANDA: All right, let me continue and then go

10:51:57 back to your discussion.

10:51:58 Mrs. Montelione.

10:51:58 >>LISA MONTELIONE: Thank you, Mr. Chair.

10:52:02 I know Mr. Shelby is usually very diligent about crafting

10:52:08 documents on the second page.

10:52:11 The final whereas.

10:52:13 Kathy Castor's name is misspelled.

10:52:15 >>MARTIN SHELBY: Oh, my goodness.

10:52:17 >>LISA MONTELIONE: I would say representative Castor if you

10:52:22 can get the C instead of the K for Cathy, she would --

10:52:28 >> Forgive me.

10:52:30 >>LISA MONTELIONE: I didn't mean to embarrass you.

10:52:32 I apologize.

10:52:41 And secondly, even with the correction, I am not going to be

10:52:45 supporting this ordinance.

10:52:46 I don't think it's any secret how I feel about EB-5 as a

10:52:55 philosophical point that I have been on record saying,

10:52:59 because there are many, many people who are worthy of being

10:53:07 granted Visas, and in this case, you are separating out

10:53:11 those who can afford to buy Visas, by investing, and so many

10:53:22 people in the press, or wherever they are speaking about it,

10:53:24 saying pretty soon we are going to have to Marge the United

10:53:27 States to China, because, you know, they are owning the

10:53:32 country that we know and love.

10:53:35 And in some of the documents, and some of the information

10:53:39 that I have reviewed and received, China has 65% of the

10:53:45 activity in EB-5 centers, and that is a huge amount.

10:53:50 There's not any other country or even region that comes --

10:53:54 of the world that comes close to the number of Visas that

10:53:57 the Chinese have received.

10:53:59 So nothing against my Asian friends, but, you know, I just

10:54:06 don't know that we want to encourage the investments or

10:54:15 further provide the opportunity for folks to invest in

10:54:19 projects here, which I understand we are already doing from

10:54:22 our economic development staff, which I understand with no

10:54:27 help or encouragement from our city government or any of our

10:54:33 dollars being spent on those projects, they are going

10:54:37 forward, and, you know, that's an important point because in

10:54:41 other areas, once an EB-5 region has been established, there

10:54:47 has been a contribution required by the government.

10:54:52 I believe in one of the articles that Ms. Capin pointed out,

10:54:57 the city of Miami was contributing $40,000 to that

10:55:00 particular venture.

10:55:03 The developer was having to pay $25,000 to be part of the

10:55:08 EB-5 program.

10:55:10 And I don't see that that's a good deal for the City of

10:55:13 Tampa.

10:55:14 Granted, a number of projects could use some help, maybe the

10:55:19 one they cited in that article wasn't one of them, even the

10:55:23 developer himself said that he could have gone forward with

10:55:25 that project, the project in Miami they were talking about

10:55:31 without the help of EB-5 because he had already been fully

10:55:35 funded but Miami wanted to use this project because it would

10:55:37 set a fine example.

10:55:39 So I think already there is the chance for maneuvering and

10:55:45 manipulating and that article in the newspaper pointed that

10:55:49 out.

10:55:50 So I am going to be voting no.

10:55:51 The third reason I will be voting no -- and I will close

10:55:54 with this -- I believe chair Miranda has said this before.

10:55:58 If the mayor wanted to do this, if the administration wanted

10:56:00 to do this, they would already be working on it.

10:56:03 And our sitting here telling the mayor what he should or

10:56:07 should not be doing in this particular case with a

10:56:11 philosophical feeling that I have, or philosophical

10:56:14 standpoint that I have, is not something that I am going to

10:56:17 support.

10:56:18 >>CHARLIE MIRANDA: Thank you very much.

10:56:19 Mr. Reddick.

10:56:19 >>FRANK REDDICK: Thank you, Mr. Chair.

10:56:27 When we first started discussing this item, I agreed to

10:56:30 support the attorney coming back with a resolution, because

10:56:36 I wanted to read the resolution, and after reviewing the

10:56:44 resolution, one thing that continued to bother me is that

10:56:47 each time we had discussion about the EB-5 program, we had

10:56:55 the city representative Bob McDonaugh that would stand

10:56:58 before us, and he would always say the citizens were not

10:57:04 willing to go forward, and that they are already doing it

10:57:07 with the courthouse, EB-5 money with the courthouse, that

10:57:12 they are nod not ready to move forward.

10:57:14 And each time while I was reading the resolution from our

10:57:18 attorney, I keep going back to what Bob McDonaugh stated to

10:57:29 us.

10:57:29 I don't think the administration is in a position to accept

10:57:35 it at this time, and even if we send a letter to the mayor,

10:57:38 the mayor has not given us any signal that he is going to

10:57:41 support it, whether he's going to move forward or not.

10:57:48 Economic development staff has made it clear to us they are

10:57:50 not prepared to go forward at this time.

10:57:52 And so I'm not going to be supportive if the administration

10:58:00 is not in a position to send a signal to us that they are in

10:58:05 support of moving forward.

10:58:09 I would hope that if the chief officers of the airport can

10:58:18 be supportive and bring in more international flights, then

10:58:20 I think the chief officer should put up the $500,000 and

10:58:25 establish the regional center at the airport.

10:58:29 Since he's a supporter of this project.

10:58:31 Then he need to come forward with the money to establish

10:58:36 himself.

10:58:37 And so at this point, Mr. Chair, I'm not inclined to support

10:58:41 this.

10:58:42 And I don't think we should encourage the mayor to take any

10:58:48 decision.

10:58:48 >>CHARLIE MIRANDA: Thank you very much.

10:58:49 Mrs. Mulhern.

10:58:49 >>MARY MULHERN: Thank you, Mr. Chair.

10:58:55 We keep talking about economic development and wanting to

10:58:58 be -- or I do, and I think all of us do -- be a global

10:59:05 21st century city and region.

10:59:09 And we had a lot of talent, a lot of experts, and a lot of

10:59:15 leaders including our Congresswoman and our airport director

10:59:19 and University of South Florida, and a lot of immigration

10:59:23 lawyers, do a lot of research, do a lot of work, spend a lot

10:59:26 of time to explain to us why this would be a good thing.

10:59:31 If we adopt this resolution today, we are saying that we

10:59:36 want to encourage foreign investment in Tampa Bay to create

10:59:42 jobs.

10:59:43 And that's what it does.

10:59:44 That's all it's saying.

10:59:46 I think that to say that, you know, to worry about whether

10:59:50 the mayor is going to do anything or not is to abdicate your

10:59:57 responsibility to do whatever you can, need to have a strong

11:00:01 mayor system, but we also represent our constituents in this

11:00:05 area.

11:00:08 And I'm going to vote for this because I listened to

11:00:12 everything I heard over the last several months from this

11:00:14 committee that was established, and I was very much

11:00:18 convinced that if the city would adopt this, it would be

11:00:23 really the best, fairest way to do this.

11:00:27 We know that there are already EB-5 centers that are doing

11:00:31 business here, but the city has no input in that.

11:00:37 And I think that's really the real reason we want to do

11:00:40 this.

11:00:40 So I am going oh to support it today.

11:00:42 And I just would like to point out every Chinese investment

11:00:46 here will bring jobs here as opposed to taking jobs away

11:00:49 from us, low-wage jobs and putting them in China.

11:00:56 >>CHARLIE MIRANDA: Thank you.

11:00:57 Mr. Cohen?

11:00:58 >>HARRY COHEN: Thank you.

11:00:59 I think that the key word here in both of these resolutions

11:01:03 is "urge."

11:01:05 And I would be uncomfortable supporting it if we were

11:01:10 directing the mayor to do something.

11:01:12 But we are urging him to consider using a tool, in the

11:01:17 economic tool kit, if and when he sees fit to use it.

11:01:20 And I'm comfortable that by using the wording as it's been

11:01:26 presented that we are weighing in on the topic without

11:01:29 exceeding our authority or moving into what should be the

11:01:32 mayor's project.

11:01:37 >>CHARLIE MIRANDA: We go a second round on this

11:01:38 conversation.

11:01:38 Mr. Suarez, Mrs. Montelione, Mr. Reddick, if you want to

11:01:41 speak, all of you, Mrs. Mulhern and then Mr. Cohen again.

11:01:45 Mrs. Capin wishes to be last.

11:01:47 Mr. Suarez.

11:01:48 >>MIKE SUAREZ: The first time I heard about the EB-5

11:01:52 program was a friend of mine named Eric, and he is and was a

11:01:57 business owner here in Tampa, and he mentioned to the me,

11:02:00 and I had some vague inkling of what EB-5 was and he

11:02:04 explained a lot of it to me.

11:02:06 He no longer lives in City of Tampa.

11:02:10 He lives in Los Angeles, California for a lot of reasons

11:02:13 including at the time his business had closed up, and he

11:02:16 moved to L.A. primarily to pursue other activities.

11:02:20 And he mentioned to me about the importance of what EB-5

11:02:24 means and how he can help bring both folks, residents and

11:02:31 taxpayers here, but also economic development dollars.

11:02:37 I support an EB-5 process.

11:02:41 But I think that especially with how much work that Ms.

11:02:45 Capin has put in, I think that the experts that she had

11:02:48 involved, the group that she had involved, the committee,

11:02:52 was extremely helpful in getting us to a point of really

11:02:55 understanding what EB-5 means.

11:02:58 I do have a problem, a little bit with the second section of

11:03:02 this, because I think that with us being involved in it, I

11:03:09 think that we need to have -- you know, again, if the mayor

11:03:15 makes a decision not to do something, we understand he can

11:03:17 do whatever he wants because this is just a resolution, but

11:03:21 I think that we need to really get some of these other

11:03:23 players involved, including the airport authority, USF,

11:03:31 county and so on, to really figure out how we put those

11:03:34 dollars together.

11:03:35 I think urging the mayor to do it is fine.

11:03:38 I just think that the second part, it goes more toward

11:03:41 administrative process that the mayor should control as

11:03:45 opposed to us investigate the project.

11:03:48 That's the only thing I have as a problem with this

11:03:52 resolution.

11:03:54 And, you know, again, sometimes the frustrating part of

11:04:00 being on a public board especially in the sunshine is you

11:04:04 can't explain these things behind the scenes.

11:04:06 We have to do this up front.

11:04:08 And we have come to this point where we want to vote on it.

11:04:12 And I think that the resolution itself is fine, except for

11:04:14 section 2.

11:04:15 I would support it if section 2 was not part of it.

11:04:18 I can't support it with section 2 in it.

11:04:20 And I wanted to make sure you had an explanation for me,

11:04:23 because this is the only time we get a chance to talk about

11:04:27 this.

11:04:27 And I really appreciate the hard work you have done with

11:04:30 this.

11:04:31 And I think it really shows a great amount of initiative on

11:04:35 your part and shows that, you know, we really do need to

11:04:38 look at all kinds of alternatives.

11:04:40 But I think that section 2 is the only one I have some

11:04:44 heartburn with.

11:04:46 >>CHARLIE MIRANDA: We go in order.

11:04:46 If you would like to speak the floor will be yours.

11:04:49 Mrs. Montelione, Mr. Reddick, Mrs. Mulhern, Mr. Cohen, Mrs.

11:04:56 Capin.

11:04:57 Mrs. Montelione.

11:04:58 >>LISA MONTELIONE: I just want to add that attracting

11:05:01 development dollars, I think, right now, no one can deny

11:05:04 that downtown Tampa is where people are investing and

11:05:11 developing.

11:05:11 We have seen more developing and investing in the past few

11:05:14 years than we have seen, even coming out of the deep

11:05:18 recession.

11:05:20 We have seen a lot of investment and a lot of projects

11:05:22 moving forward in downtown Tampa.

11:05:24 And, you know, all of those bring jobs.

11:05:28 And none of them were because City Council weighed in on any

11:05:34 of those projects.

11:05:35 And the mayor has garnered the nickname builder Bob?

11:05:43 I don't know who coined that term in the press but somebody

11:05:46 did.

11:05:47 and I think that having to committee money to an EB-5

11:05:55 program at this time is not something that we need to be

11:05:58 doing, that we need to be spending, that everybody is

11:06:04 interested in economic development, everybody talks about

11:06:07 jobs.

11:06:09 And there's no question in my mind, people like Mr. Chen

11:06:13 that Mike mentioned -- or Mr. Suarez, I'm sorry --

11:06:16 mentioned, have benefited from this program.

11:06:19 But we don't have to have consultants and boards and

11:06:24 committees and all of the accourterments to continues

11:06:30 allowing people like Mr. Chen to enter this country.

11:06:35 The process is in place, as Mr. Suarez noted, as part of the

11:06:42 old courthouse feel.

11:06:44 So I don't see that with the a company expenses to set up a

11:06:52 program.

11:06:52 I mean, when we have QTI projects come forward, and look at

11:06:57 putting tax dollars towards QTI, there have been several

11:07:00 members of this board, and this body, that have questioned

11:07:03 the use of QTI funds.

11:07:06 And this, although a different program would be in essence

11:07:10 using taxpayer money to further development in the downtown.

11:07:18 And I don't think that right now it's warranted.

11:07:22 And thank you, Mr. Suarez, for pointing that out.

11:07:26 Because, you know, I don't believe that having 21 people on

11:07:31 a board would be appropriate.

11:07:33 >> Thank you very much.

11:07:34 Mr. Reddick.

11:07:35 >>FRANK REDDICK: Nothing.

11:07:41 >>CHARLIE MIRANDA: Mrs. Mulhern?

11:07:42 Mr. Cohen?

11:07:43 Ms. Capin?

11:07:45 >>YVONNE CAPIN: Okay, I heard a lot of things here.

11:07:46 First of all, it is in the body of the resolution at no cost

11:07:52 to the citizens.

11:07:53 And the way that works -- and it has worked in other centers

11:07:57 in my research -- is where the separate entity, which the

11:08:03 administrator appoints, outside of the city, would charge a

11:08:10 fee to the regional centers to apply for the RFP to become a

11:08:17 partner.

11:08:18 That covers their expenses.

11:08:20 That is one way that it is done.

11:08:22 It's just one way.

11:08:24 The other thing is, you talk about development.

11:08:27 That's the problem here.

11:08:30 The private EB-5 regional centers are narrow in scope.

11:08:39 With real estate development.

11:08:40 Here it is.

11:08:41 And you can go back into the program nationally.

11:08:45 And TB 5 based programs have demonstrated an ability to

11:08:49 generate diversity of projects.

11:08:51 For example, hotel, convention centers, public transit

11:08:55 improvement, assistive living, multifamily, residential

11:09:01 parks, corporate, health care facilities, aviation,

11:09:06 information technology, communication, biotechnology,

11:09:11 utilities, entertainment, and more.

11:09:15 The benefit is a multiplier.

11:09:18 We have that.

11:09:19 Now, I am going to go -- because everyone stated, the city

11:09:23 is already doing this and one of the things that stood out

11:09:26 at our last meeting by Mr. McDonaugh was putting our good

11:09:29 name, okay?

11:09:31 Right now, he is doing that.

11:09:34 That is being done by the administration right now, with

11:09:37 private EB-5 regional centers.

11:09:41 Yes.

11:09:42 Yes, it is.

11:09:42 And I am going to -- I went through the transcript.

11:09:46 June 21, employment-based EB-5 workshop.

11:09:50 Mr. McDonaugh, and I quote, "but something that's

11:09:54 interesting is that there is a pending Orlando regional

11:09:57 center, and if we go to their Web site, it extend all the

11:10:00 way west and has a very nice picture of Tampa on it, which I

11:10:05 thought was kind of interesting.

11:10:07 It is an activity that is already taking place in our

11:10:10 community, and we are reaping the benefits.

11:10:13 And I'm sure Orlando is going to send some of those

11:10:15 international flights to Tampa.

11:10:17 We'll just wait for them."

11:10:19 Okay?

11:10:20 Then he states on September 6th when we had a meeting,

11:10:22 "I am dealing with EB-5 investors right now.

11:10:26 We certainly encourage people in our community.

11:10:29 He's dealing with EB-5 regional center without

11:10:32 the sunlight."

11:10:35 And he's talking about jeopardy of putting the city's name?

11:10:41 September 26th.

11:10:43 As you know -- and he states this every single time -- as

11:10:46 you know, the federal courthouse is being funded by EB-5

11:10:49 money.

11:10:50 Actually, I'm dealing with another group right now on

11:10:53 another project.

11:10:54 He is dealing -- the administration is dealing in EB-5 right

11:11:01 now.

11:11:01 So we are so worried about people being -- which this does

11:11:06 not do because there's no fact in it, that this leapfrogs,

11:11:11 these people leapfrog anyone.

11:11:13 But there are ways to leapfrog.

11:11:15 For instance, people can come in from Cuba, and they are

11:11:18 ahead in the line, but they can't come from Iran.

11:11:21 So, yes, there are a lot of issues with immigration.

11:11:25 That's one.

11:11:27 So he states over and over again that he is privately

11:11:32 working with private EB-5 regional centers. If that is not

11:11:35 putting the city's good name in possible jeopardy, I don't

11:11:40 know what is.

11:11:41 Then I have an e-mail dated back June 25.

11:11:48 We have discussed the EB-5 with the city in the past and

11:11:52 have concluded it may be easier for the city to bring

11:11:55 projects to us to provide financing.

11:12:01 Okay?

11:12:01 This is a private EB-5 and this is what the city said.

11:12:05 Oh, we'll bring you projects.

11:12:08 Now, the mayor midterm newsletter:

11:12:16 For years Venezuela put their wealth in Miami institutions

11:12:19 and Brazilians bought condo projects there at bargain

11:12:22 pricing.

11:12:23 Miami -- and this is a quote -- Miami is increasingly more

11:12:27 dysfunctional from a business perspective.

11:12:29 However, says Buckhorn, because of security issues, that's a

11:12:34 tough place.

11:12:35 The city airport is not easy to navigate as Tampa's.

11:12:40 He says, and Tampa Bay is better located as a distribution

11:12:44 point for goods being shipped to the southeastern U.S.

11:12:47 We are the very sensible, cheaper, less complicated, less

11:12:52 corrupt alternative, he says.

11:12:54 So what he's saying, and what he goes on to say, is that

11:13:02 these people, when they leave Miami, will be come to Tampa.

11:13:05 I have news for the mayor.

11:13:06 If Latin Americans are going to be leaving Miami, they are

11:13:09 going to Orlando, because Tampa does not have any direct

11:13:14 international flights to central or South America.

11:13:18 Orlando does.

11:13:19 And, yes, so does Miami.

11:13:21 And guess what, Miami and Orlando are both applying to be

11:13:24 EB-5 regional centers.

11:13:28 So when we hem and haw about progress, what process do we

11:13:38 have?

11:13:38 You know, the mayor stands ready with a shovel in one hand

11:13:42 and scissors in the other for every opening.

11:13:44 I have yet to hear him say what money that he has brought

11:13:49 from his endeavors to foreign countries to this city.

11:14:00 So basically, what Mr. McDonaugh -- and here is the part

11:14:04 that is really interesting.

11:14:06 These private EB-5 regional centers is $11 million into the

11:14:09 courthouse.

11:14:12 A private EB-5 center can charge up to $60,000 to the

11:14:16 investor to run this process.

11:14:21 It could be 11 million and 22, half a million dollars,

11:14:26 because it is an employment area.

11:14:33 The other, if it is not, it's 11 investors at 1 million.

11:14:38 So the private EB center that these projects, that the

11:14:42 administration has been giving to private EB-5 centers, just

11:14:46 in the courthouse alone, they stood to earn anywhere from

11:14:51 $660,000 to $1.32 million.

11:14:59 Let's get the facts.

11:15:01 Look at the facts.

11:15:03 When you are making a decision, opinion.

11:15:08 Now, and I said it before, I offered to strike number 2.

11:15:16 It was my way of trying to include -- I thought the City

11:15:19 Council would feel more comfortable.

11:15:23 And when you say there's no need for a 21 member board, we

11:15:26 just had a presentation from Hillsborough County economic

11:15:29 development and their board with 21 people.

11:15:32 Okay?

11:15:36 So I would be willing to strike, if anyone is uncomfortable

11:15:39 with section 2, I looked at that, and I thought that we as a

11:15:46 council would feel more comfortable.

11:15:48 But if we are not comfortable, I am willing to strike it.

11:15:53 It is a message to the mayor, who is already looking at

11:15:57 this, as Mr. McDonaugh said, when the mayor asked me to

11:16:02 please bring him the Dallas regional center public-private,

11:16:07 and I had it delivered to his office that very same day,

11:16:10 along with the University of Minnesota study for the

11:16:14 university of Minnesota to become an EB-5 regional center.

11:16:18 He's that.

11:16:19 So if he was not interested, he is studying it as we speak.

11:16:25 Thank you.

11:16:26 >>CHARLIE MIRANDA: Thank you.

11:16:26 I don't know where to begin.

11:16:28 But I think I know where I am going end.

11:16:32 Let's look at this.

11:16:34 Let's talk about the mayor for a second.

11:16:36 I think he's been very active in trying for the area, in

11:16:41 fact so active that sometimes I give him the name airside

11:16:47 Bob because he was at the airport going somewhere all the

11:16:49 time to get something done for the City of Tampa, and I

11:16:52 applaud him for that and his administration.

11:16:54 You know, he can only try to do the best he can, and I think

11:16:58 he's done an outstanding job in trying to lure residents to

11:17:02 the city, bring power and trust remaining here from the fine

11:17:07 universities that we have.

11:17:09 When you look at the name Tampa, listen, we are not unknown.

11:17:13 But even Hernando county wants to call us Hernando Tampa

11:17:16 International Airport.

11:17:18 Oh, that's wonderful.

11:17:20 Let's go on and look at this.

11:17:22 When I see this resolution and it says public-private

11:17:25 regional center at no cost to the city.

11:17:30 You know, on one side it has at no cost to the city and on

11:17:33 the other side it says public-private.

11:17:36 It's happening now without the city's name.

11:17:39 This is only for money.

11:17:42 And it's money for a chosen few that want to set up and use

11:17:46 the city's name.

11:17:47 And I understand that very well.

11:17:49 There is nothing wrong with wealth.

11:17:52 If there were no wealth in this country, we would be

11:17:54 nowhere.

11:17:55 If there's no wealth in this city, there would be less

11:17:58 employment.

11:17:58 If there was no wealth, there would be very little to talk

11:18:01 about it sometimes.

11:18:02 But there are fine people who worked hard and the families

11:18:06 worked hard to get them wherever they are at now and I

11:18:09 applaud them for that.

11:18:11 However, when you turn around an EB-5 program started under

11:18:14 Jimmy Carter.

11:18:16 I don't know how it started or why it started.

11:18:18 But I know enough about government that it had to be a few

11:18:23 individuals throughout some part of the world that wanted to

11:18:25 get a Visa to get to this country.

11:18:29 No one thought of this idea other than those -- I assume.

11:18:32 I may be wrong -- that they came here and said, now what?

11:18:36 If we pay half a million to a million dollars, we can get a

11:18:39 card.

11:18:40 But yet I think to myself about the 11 million Mexicans --

11:18:44 and I am going use the word -- that came across the border

11:18:47 when our eyes was closed.

11:18:49 We didn't have on blindfolds.

11:18:52 We used them.

11:18:55 To pick our letters lettuce, our tomatoes, pick our fruits,

11:18:59 and vegetables, and to be low pay, and then when things got

11:19:05 bad, we forgot about them.

11:19:08 They are the ones that are suffering.

11:19:10 Yet somebody -- and I'm not saying this is possible -- but

11:19:13 somebody from a foreign government, like Syria -- I'm not

11:19:18 saying it is possible.

11:19:19 Again I want to reiterate myself -- can pay the money and

11:19:22 say, I got a card to come to America.

11:19:25 The richest country in the world.

11:19:29 So they say it is.

11:19:30 It's going to depend on somebody's money on a project that's

11:19:34 already happening without using a government entity's name.

11:19:39 That's what sticks in my throat.

11:19:42 It isn't about the program.

11:19:43 It's that they have to use the City of Tampa's name.

11:19:45 And bock McDonaugh was here just a week or so ago, and he

11:19:49 said the cities that had problems with it.

11:19:51 There was one city in California, a couple others in

11:19:55 Missouri, I think, that were in financial trouble because

11:19:58 they signed on.

11:20:01 Whether it's true or not, I assume it is, he wouldn't be

11:20:04 here making those statements unless he had the facts.

11:20:06 So the projects are happening now.

11:20:10 When a developer or group of development individuals get

11:20:12 together, to get financing, look, that's not my job, that's

11:20:16 their job.

11:20:17 It is their risk and their reward to make it on their own.

11:20:22 We have enough problem running the government.

11:20:24 But when we throw in and try to run private enterprise in

11:20:31 and to weigh in at no cost, I have never seen that happen in

11:20:34 my life.

11:20:34 Everything is involved with cost, including time and effort

11:20:38 and staff time and more evident.

11:20:40 So what I'm saying is, it is incumbent -- I don't question

11:20:47 any motives.

11:20:48 I just got elected like everyone else did.

11:20:51 Being tell you this.

11:20:52 I will never vote for an EB-5 program.

11:20:57 Neither would I vote for a stadium program.

11:21:02 Because that's not in my eyes and my view the best of public

11:21:07 money to be spent for the public's general use.

11:21:09 I believe all of us have a responsibility, each one of us,

11:21:13 in a private sector, in the public sector, as citizens, to

11:21:17 help have a better neighborhood.

11:21:19 I just cannot understand when you talk about getting in

11:21:23 line, when they say those individuals are already here,

11:21:29 that's going to change and the workings of our great

11:21:31 Congress to make sure that they have to get back in the line

11:21:35 after 10, 15 years and pay a penalty, and in some cases a

11:21:40 penalty that they can't afford so they can have the right to

11:21:45 citizenship, am I going to sit back and watch someone with

11:21:50 half a million to a million dollars have the right for a

11:21:53 green card with no penalty, because they have much more than

11:21:58 half a million to a million dollars?

11:22:00 When that happens, there's something wrong with my

11:22:04 government.

11:22:06 Not that there's something wrong with us.

11:22:08 But that philosophy -- and I wish I knew when it started.

11:22:13 I don't know that but I imagine it started through lobbyism

11:22:19 in Washington and somebody paying somebody to represent them

11:22:20 to get something done, and that something usually happens.

11:22:25 And that's what it is.

11:22:26 It's going on now without the use of the name of the City of

11:22:30 Tampa.

11:22:31 That's the only -- listen, I can't run the world.

11:22:36 And I can't run companies.

11:22:38 I can do what I can as an elected official.

11:22:41 And the only thing I'm saying is this.

11:22:44 It's happening now without the use of the city's name.

11:22:47 Why do they want the city's name?

11:22:50 It's beyond me.

11:22:51 If it's happening now -- and I think administration

11:22:56 representative who is here, there's two or three projects on

11:22:58 Hillsborough Avenue that are already being financed.

11:23:00 The courthouse, the old courthouse downtown, is to be

11:23:04 financed with that money.

11:23:05 Why should I use the city's name on something I have no

11:23:09 care, custody and control?

11:23:11 That's the only thing.

11:23:12 Let's take this to a vote.

11:23:13 >>FRANK REDDICK: Call for the question.

11:23:17 >>CHARLIE MIRANDA: I have a question call for the question.

11:23:19 >>YVONNE CAPIN: Excuse me, I asked to be last to speak and I

11:23:21 was not last to speak.

11:23:23 >>CHARLIE MIRANDA: Well, I'm the chairman until April.

11:23:26 >>YVONNE CAPIN: And you agreed --

11:23:27 >>CHARLIE MIRANDA: And I did, but I hadn't spoken.

11:23:29 You spoke twice, ma'am, and I hadn't spoken at all.

11:23:32 >>YVONNE CAPIN: Well, you didn't clear that.

11:23:33 >>CHARLIE MIRANDA: I'm sorry if I mislead you.

11:23:35 I don't mean to mislead you or anyone else.

11:23:37 So you want to speak again?

11:23:39 Well, speak again.

11:23:41 Go on.

11:23:41 I have all the time in the world.

11:23:43 >>YVONNE CAPIN: He called the question.

11:23:44 >>CHARLIE MIRANDA: Mr. Reddick called for the question.

11:23:45 >>MARTIN SHELBY: I'm sorry for interrupting.

11:23:48 A call for a question is a motion that requires a second.

11:23:51 There is no debate on the motion.

11:23:52 You vote solely on the motion as to whether to call the

11:23:55 question.

11:23:56 So --

11:23:58 >> I second Mr. Reddick's call for the question.

11:24:00 >>CHARLIE MIRANDA: Okay, I have a call for the question by

11:24:02 Mr. Reddick.

11:24:03 I have a second by Mrs. Montelione.

11:24:04 All in favor of the motion?

11:24:07 Opposed?

11:24:09 Roll call vote.

11:24:10 >>MICHAEL SUAREZ: No.

11:24:16 >>YVONNE CAPIN: No.

11:24:17 >>FRANK REDDICK: Yes.

11:24:19 >>MARY MULHERN: No.

11:24:21 >>HARRY COHEN: No.

11:24:23 >>LISA MONTELIONE: Yes.

11:24:26 >>CHARLIE MIRANDA: Yes.

11:24:26 >> Clerk: The motion --

11:24:31 >>CHARLIE MIRANDA: I guarantee you that's exactly how the

11:24:33 vote is going to be.

11:24:34 >> The motion failed 3 to 4 with Suarez, Capin, Mulhern and

11:24:38 Cohen voting no.

11:24:44 >>CHARLIE MIRANDA: Mrs. Capin, you want to speak.

11:24:46 Speak.

11:24:47 >>YVONNE CAPIN: Yes.

11:24:47 I have through my legislative aide and our attorney, I asked

11:24:56 the second-to-the-last whereas, which is in reference to the

11:25:00 Tampa City Council finds the citizens advisory be struck

11:25:06 from the resolution, and the section 2 also be struck from

11:25:10 the resolution.

11:25:11 So I would like to present this as a substitution,

11:25:15 substitute resolution.

11:25:18 >>CHARLIE MIRANDA: Okay.

11:25:19 We'll vote on the substitute resolution at this time.

11:25:23 I need a second to that.

11:25:24 I have a second by Mrs. Mulhern on Mrs. Capin's motion for a

11:25:28 substitute resolution.

11:25:29 All in favor of the substitute resolution, please signify by

11:25:32 saying aye.

11:25:33 Opposed nay.

11:25:35 Nay.

11:25:35 >>THE CLERK: The motion passes with Reddick, Miranda, and

11:25:42 Montelione voting no.

11:25:46 >>CHARLIE MIRANDA: Okay. We go to item 53.

11:25:47 >>MARTIN SHELBY: Mr. Chairman, that was a motion to accept

11:25:56 the substitution but not the vote on the resolution?

11:25:59 >>CHARLIE MIRANDA: I thought the substitute resolution was

11:26:01 the motion.

11:26:01 >>MARTIN SHELBY: Just so the resolution is clear.

11:26:05 >>CHARLIE MIRANDA: She said I have a substitute for the

11:26:06 resolution.

11:26:07 That's got to be the resolution, I assume.

11:26:09 >>MARTIN SHELBY: I just wanted the record to be clear.

11:26:11 I apologize, Council.

11:26:12 >>CHARLIE MIRANDA: Okay. Item number 53.

11:26:14 >>MARTIN SHELBY: Item number 53 is a resolution, a draft

11:26:23 that I prepared for council's consideration, consistent with

11:26:27 its motion.

11:26:28 And I present it to you for your consideration.

11:26:33 >>CHARLIE MIRANDA: Okay.

11:26:33 I need a resolution to be passed.

11:26:35 >>HARRY COHEN: So moved.

11:26:40 >>CHARLIE MIRANDA: I have a motion by Mr. Resolution to pass

11:26:42 353.

11:26:43 Second by Mrs. Mulhern.

11:26:44 All in favor of the resolution indicate by saying aye.

11:26:47 Opposed nay.

11:26:48 The item passes 6 to 1.

11:26:52 Okay.

11:26:52 >>MARTIN SHELBY: Chairman, if I can, I sent a memo to

11:26:59 council relative to the part of the motion that concerns a

11:27:05 letter to be sent from the chairman of the City Council

11:27:09 asking a cover letter for this resolution, and I am asking

11:27:15 for clarification as to what is council's intent as to the

11:27:18 content of that cover letter.

11:27:23 >>YVONNE CAPIN: As the maker of the motion, I would like to

11:27:25 respond.

11:27:27 On February 21, I made a statement of confidence in our

11:27:34 moving and affirming the domestic partner resolution.

11:27:38 And I want to add that as a letter it has no Singaporeans.

11:27:42 I am going to read it later after the request -- so that the

11:27:46 public knows exactly what the offending statement was.

11:27:52 The issue is that Mr. Shelby looked at and modified the

11:28:02 decision of this chamber.

11:28:04 The decision of this chamber was to move forward with the

11:28:10 statement.

11:28:12 Now, the statement is exactly what it was.

11:28:17 It had no intention of it being moved as a letter, but it

11:28:21 was.

11:28:21 And my point here is that we cannot -- none of us here --

11:28:27 and we are elected -- can unilaterally modify the motion

11:28:34 that this council brings forth.

11:28:37 And the reason that this has come up is because it was

11:28:40 modified.

11:28:43 It was modified.

11:28:44 And it was changed.

11:28:46 And such practices are unprofessional and possibly

11:28:49 detrimental to the city.

11:28:51 And what I am going to say here is that had it been a

11:28:53 different issue involving millions of dollars, and you

11:28:57 change or modify, it could cause irreversible damage to this

11:29:04 body.

11:29:05 So the point is not the letter.

11:29:06 The point is the process by which this came forward.

11:29:13 >>CHARLIE MIRANDA: Let me say this --

11:29:16 >>YVONNE CAPIN: Let me finish, please.

11:29:17 If there is an error or question as to the direction of the

11:29:19 body of what this body -- if it is correct or then to be

11:29:28 corrected, when this council is in session, which is what is

11:29:31 being brought forth now, but it was done -- it was done from

11:29:40 council members, what did you mean?

11:29:45 And that cannot be -- as already today, I had the first one

11:29:51 was where my motion was altered, and now this is coming

11:29:58 forward.

11:30:01 Again, if there's an error or question it needs to come

11:30:06 before this body. And if the advice comes, and it did come

11:30:12 to me, I said leave it alone, and let it come forth.

11:30:16 Oh, no, oh, no, oh, no.

11:30:19 This is a statement.

11:30:21 I did not -- and what I am going to state here is that it

11:30:27 was a statement to be included.

11:30:29 And the chairman's signature was not requested nor required.

11:30:33 It is clear as to who the author is, and it is not the

11:30:38 chair.

11:30:39 And, honestly, I wouldn't want the chair's signature at the

11:30:42 bottom of something I wrote.

11:30:46 So I am going to read it.

11:30:47 And then I am going to ask for it to be removed from the

11:30:51 motion.

11:30:55 >>CHARLIE MIRANDA: Thank you for the compliment.

11:30:56 >> I'm confused.

11:30:59 May I ask?

11:31:00 >>CHARLIE MIRANDA: One second, she wants to finish here.

11:31:05 >>YVONNE CAPIN: I am going to finish here.

11:31:16 Here it is.

11:31:17 I'm sorry.

11:31:22 Here is my statement.

11:31:23 Tomorrow is February 22, it will be a year that we initiated

11:31:27 domestic partners to be brought forth.

11:31:28 I have invited Miles to join us and the one making all the

11:31:36 noise at the podium.

11:31:37 I am reading from the transcript.

11:31:39 It was his birth a year ago that was my inspiration to bring

11:31:43 forth the motion as I said then.

11:31:44 It was a way to say welcome to our world, Miles.

11:31:47 I want him and all the children of Tampa to grow up in a

11:31:49 city that is diverse, accepting of others and protective of

11:31:54 their rights, in an economically prosperous city.

11:31:57 You see my motive is selfish, it is a tool for our future

11:32:03 generations here in Tampa.

11:32:05 The domestic partner registration ordinance passed by

11:32:08 unanimous vote by City Council.

11:32:11 The first city in Florida's west coast to do so.

11:32:14 This program is successful and has been very well received.

11:32:17 However, four members of the county commission chose to

11:32:22 misrepresent the meaning and the spirit of this ordinance.

11:32:24 So let us set the record straight.

11:32:26 This is not a gay rights ordinance, it is not -- it is a

11:32:30 human rights ordinance.

11:32:31 This ordinance applies -- I want to do a Rubio move here --

11:32:42 the ordinance applies to gay and members, couples,

11:32:47 heterosexual couples, seniors couples that only wish to pool

11:32:51 their resources for better life, and daycare for each other,

11:32:57 that we offer $30 that would cost our citizens hundreds of

11:33:00 dollars to do online and thousands of private -- with

11:33:04 private attorneys, the economic factors implied in this

11:33:07 ordinance are equal importance, ironically on the same day

11:33:11 that the county commission rejected the domestic registry

11:33:14 ordinance in an article by Robert Durett appeared in The

11:33:20 Tampa Times of the 26.5 billion of venture capital invested

11:33:25 in the United States in 2012, Hillsborough County's share

11:33:27 was zero.

11:33:28 Not one dollar, not one penny, nada, zilch came our way.

11:33:34 The City of Tampa is the economic engine of Hillsborough

11:33:37 County, the county seat, economic center of Hillsborough

11:33:39 County.

11:33:39 We added more jobs in 2012 than any other city in Florida.

11:33:43 Economic and statistical studies clearly demonstrate that

11:33:47 diversity brings economic progress and -- oh, and this is

11:33:53 five minutes -- two examples clearly demonstrate the

11:33:56 negative effects of shunning diversity both in the 15th

11:33:59 century, one in Spain when the Muslims and Jews were

11:34:01 expelled and the other was China when it isolated itself by

11:34:04 closing its doors to foreigners.

11:34:06 At the time, both were military powered centers of learning

11:34:09 with thriving economies but because they refused to accept

11:34:12 any new diverse ideas, those social structures decayed.

11:34:18 Let's not make the same mistake in Hillsborough County.

11:34:20 Let's ignored the unsolicited advice of self-appointed

11:34:24 morality police.

11:34:26 Open the door to all citizens.

11:34:27 Let us all celebrate and embrace our diversity.

11:34:30 Please don't split the community in half.

11:34:32 We accept and promote our diversity and creativity that

11:34:38 comes with it.

11:34:39 Our reward will be a more livable, thriving and prosperous

11:34:43 community.

11:34:43 I am requesting a dialogue, and that we as council publicly

11:34:49 express our sentiments to our colleagues at Hillsborough

11:34:52 County commission.

11:34:52 I request that this council urge the county commission to

11:34:56 bring back the ordinance to reconsider their earlier

11:35:00 decision.

11:35:01 A resolution on the first anniversary of the domestic

11:35:05 partner becoming an ordinance which was -- I had here April

11:35:10 6th.

11:35:10 This council's vote on domestic partner registry.

11:35:13 That's what I read.

11:35:14 And that's the statement that everyone is having an issue

11:35:17 with.

11:35:18 I remove it.

11:35:19 There is no need for any further discussion on this.

11:35:25 >>CHARLIE MIRANDA: I have Ms. Montelione and then Mrs.

11:35:29 Mulhern.

11:35:29 >>LISA MONTELIONE: Thank you, Mr. Chair, since you are

11:35:33 still the chair as you point out until April. You know, one

11:35:39 of the reasons -- and there's a few that I voted against

11:35:43 this motion -- was because, you know, we move to approve the

11:35:48 minutes at the very beginning of every council meeting.

11:35:51 One of the things we do as a matter of course is we approve

11:35:54 the minutes from the previous council meeting.

11:35:56 And I have the minutes from the previous council meeting,

11:35:59 which we approved, and there was a motion, and I'm not going

11:36:05 to reread the whole motion, but it included in that motion

11:36:09 was the presentation of a letter and an accompanying

11:36:13 resolution urging the board of county commission to

11:36:16 reconsider.

11:36:17 So since I had not seen a letter, nor have I spoken to

11:36:22 anybody, Mr. Shelby, or anybody else from the clerk's

11:36:28 office, I am not going to vote to support something that I

11:36:34 haven't seen.

11:36:35 So that was one thing, because it was the presentation of a

11:36:39 letter, and accompanying resolution.

11:36:42 Mr. Shelby at the beginning of this discussion talked about

11:36:44 a letter, and wanted to know what the contents of such a

11:36:47 letter was.

11:36:48 So there wasn't anything for me to support because I have

11:36:51 not seen the letter and we didn't hadn't discussed content

11:36:54 of any letter.

11:36:55 And the other is, I vote against the resolution because,

11:36:59 again, reiterating what I had seen earlier is telling other

11:37:04 people, elected officials, how they should represent their

11:37:10 constituents is not something that I am in the regular habit

11:37:16 of doing.

11:37:18 There's a way for the citizens of Hillsborough County to

11:37:24 effectuate change on the Board of County Commissioners.

11:37:29 A and Mrs. Mulhern has stepped up to take on that challenge

11:37:32 to run for Board of County Commissioners because she foals

11:37:36 they are not representative -- I'm sorry to speak for you,

11:37:39 but that's how you effectuate change is by running.

11:37:44 That's what we all did.

11:37:45 We wanted to see things in the City of Tampa happen that we

11:37:48 are passionate about.

11:37:49 And one of the things we passed the domestic registry and we

11:37:56 passed that recommendation industry. Another set of City

11:37:58 Council members may not have passed it.

11:38:02 The current Board of County Commissioners did not pass it

11:38:04 but maybe a few Board of County Commissioners will.

11:38:11 And I really -- again, the whole tenor of the discussion is

11:38:17 something that I take exception, and it's something that we

11:38:21 did talk about at the strategic planning session, was that

11:38:25 tone was the very first item at that session that ranked

11:38:31 high in scores of all the council members.

11:38:35 And I think that it's applicable here in this instance.

11:38:41 Whether it be the tone of the resolution to the Board of

11:38:44 County Commissioners or the tone in which items are

11:38:47 presented.

11:38:49 And that's all I have to say.

11:38:50 Thank you.

11:38:51 >>CHARLIE MIRANDA: Thank you.

11:38:51 Mrs. Mulhern.

11:38:52 >>MARY MULHERN: Thank you, Mr. Chair.

11:38:54 I felt that I needed to speak since I seconded the motion,

11:39:00 and then without enough reflection created this tempest in a

11:39:11 tea pot we are having here by saying suggesting that we

11:39:14 include Councilwoman Capin's letter with the resolution we

11:39:19 are sending.

11:39:20 So I think that's what started all this.

11:39:24 Am I correct, Mr. Shelby?

11:39:25 That's what you told me when you called me.

11:39:27 >>MARTIN SHELBY: No, if I may, Mr. Chairman.

11:39:32 May I?

11:39:33 >>CHARLIE MIRANDA: Certainly.

11:39:33 >>MARTIN SHELBY: Thank you.

11:39:34 The reason I sent each council member a memo saying that I

11:39:38 need clarification is because Councilwoman a Capin and I had

11:39:43 a difference as to what in fact the motion was.

11:39:47 The actual motion refers to a letter, and therefore my job

11:39:54 is when a motion is made to me on behalf of City Council, my

11:39:59 job is to prepare it in accordance with the motion

11:40:04 consistent with what the consent -- consensus was to

11:40:07 actually reflect what City Council wanted.

11:40:10 And I take that very seriously.

11:40:17 When Councilwoman Mulhern made a reference to the letter, as

11:40:21 I recalled, Councilwoman Capin made the statement, and

11:40:27 Councilwoman Mulhern made a second and said we should sent

11:40:31 that as a letter.

11:40:33 I did not, listening to that, take that to mean that that

11:40:37 was a motion to amend, or as a friendly amendment, which as

11:40:42 you heard today, those were the words used by the Robert's

11:40:45 Rules of Order by Councilwoman Montelione.

11:40:49 If you do a friendly amendment you are adding something.

11:40:51 So I just took that to be -- and forgive me if I am wrong --

11:40:54 but I took the fact that her exact words to be in a letter

11:40:59 which I assumed when everybody directs me to write a letter,

11:41:03 it's for preparation of a draft to prepare for Chairman

11:41:06 Miranda for his review so that he has something to be able

11:41:11 to feel comfortable signing, representing his signature.

11:41:16 That's where I was confused.

11:41:17 So I a Moll apologize for any misunderstanding.

11:41:21 And that's what I wanted clarification on.

11:41:23 I did not assume the letter was to come from anybody other

11:41:27 than Chairman Miranda.

11:41:29 And it was my assumption that those comments were not

11:41:32 intended to be put above Chairman Miranda's signature.

11:41:35 That's why there was no letter prepared.

11:41:37 And that's why I asked council for clarification.

11:41:42 >>CHARLIE MIRANDA: You may continue.

11:41:43 >>MARY MULHERN: Thank you.

11:41:46 I have more to say.

11:41:48 But I think it would be helpful.

11:41:49 You have the transcript, Councilwoman Capin?

11:41:52 Can you read what the transcript says the motion was, and

11:41:56 then what my second was, and what I said?

11:41:59 Because I don't remember and I didn't look it up.

11:42:01 But I want to be clear on this and I think it's important.

11:42:08 >>YVONNE CAPIN: (off microphone) I think the letter should

11:42:13 be what you just said.

11:42:15 Harry Cohen, we have a motion, Councilwoman Capin.

11:42:19 Second by Councilwoman Mulhern.

11:42:22 All those in favor indicate by saying aye.

11:42:25 Opposed?

11:42:26 Did we have a date to go back?

11:42:28 And then Martin Shelby, microphone is off.

11:42:37 I said I accept.

11:42:38 And then it says microphone is off.

11:42:43 Martin Shelby, is that part of the motion?

11:42:45 Harry Cohen, I think it was implied in the motion, thanks

11:42:49 for clarifying that.

11:42:51 That's what it says.

11:42:54 Now, it's the process and how this was handled.

11:43:02 >>MARY MULHERN: Thank you for reading that because I didn't

11:43:04 really remember.

11:43:05 So I think that it sound like Mr. Shelby did have legitimate

11:43:08 questions, but I do agree with Councilwoman Capin that this

11:43:19 should have been worked out between the maker of the motion

11:43:27 and Mr. Shelby as the person we asked our attorney to draft

11:43:34 the resolution.

11:43:35 And if there were questions, it should have come up as it

11:43:38 has done here.

11:43:41 I agree with Councilwoman Capin that as our attorney, your

11:43:47 role isn't to communicate your -- your job is to come back

11:43:57 to us as a council if it's not clear and find out.

11:44:00 So if of a talking to the maker of the motion you weren't

11:44:05 comfortable, then that should happen today.

11:44:08 And I think that's what is Councilwoman Capin was concerned

11:44:11 about.

11:44:13 And frankly if that had happened, I certainly would have

11:44:16 said, oh, yeah, we can't -- you know, we can't send that

11:44:21 letter, as the letter with the resolution.

11:44:26 It was not -- it was my intent when I made the motion.

11:44:32 I don't agree that that would have happened.

11:44:34 And I'm sure it would have come up.

11:44:35 So I think that's all that we are arguing about.

11:44:39 And now Councilwoman Capin has indicated that she also

11:44:44 didn't intend for that to be the letter coming from the

11:44:50 council and signed by the chairman.

11:44:52 So I think we are fine.

11:44:55 We can just vote on the resolution.

11:44:58 The letter is not part of it as Ms. Capin has stated today,

11:45:04 right?

11:45:08 >>MARTIN SHELBY: I'm sorry.

11:45:08 The motion does include a letter.

11:45:11 >>MARY MULHERN: We can vote on the -- is there something

11:45:14 about a letter in the resolution?

11:45:16 >>MARTIN SHELBY: No, your motion on your agenda states the

11:45:18 letter, which is normally -- if you look at the previous

11:45:23 item, 52, it doesn't say anything about a letter.

11:45:26 Council, your motion -- and I beg you when you make a

11:45:30 motion, please be concise, please be precise, because the

11:45:34 clerk cannot insert or imply and certainly I can't.

11:45:37 And forgive me, council.

11:45:39 I was attempting to resolve the issue beforehand.

11:45:43 I attempted to work with Councilwoman Capin on this.

11:45:47 I was unsuccessful.

11:45:48 And I apologize for that.

11:45:51 Therefore, I sent out the memo saying that I will clarify

11:45:56 before council.

11:46:01 I would be happy to discuss this with you.

11:46:05 But I would just prefer that you understand my job is not to

11:46:11 represent any of you individually but for the benefit of

11:46:15 this board to reflect the consensus of this board and to

11:46:18 assist this board in furthering what it wishes to

11:46:22 accomplish.

11:46:22 And if I offended any individual council member for a

11:46:25 particular issue about which they are passionate, I am

11:46:27 sorry, it was not my intention.

11:46:29 >>MARY MULHERN: Okay.

11:46:30 Can I -- I'm sorry.

11:46:36 I seconded the motion for the resolution.

11:46:39 I thought that we had cleared it up.

11:46:44 Councilwoman Capin is asking that we pass the resolution.

11:46:47 And the resolution doesn't have anything about a letter in

11:46:49 it, does it?

11:46:50 >> No.

11:46:53 >>MARY MULHERN: That's all.

11:46:56 Did you move the resolution?

11:47:02 We haven't voted on it.

11:47:03 >> We moved the other one.

11:47:11 This is different.

11:47:11 >>MARY MULHERN: I move the resolution.

11:47:13 Or why don't you?

11:47:15 >>YVONNE CAPIN: Move the resolution.

11:47:16 >>MARY MULHERN: Second.

11:47:17 >>CHARLIE MIRANDA: I have a motion on the floor by Mrs.

11:47:18 Capin.

11:47:19 Second by Mrs. Mulhern on the resolution to be moved.

11:47:23 Please signify by saying aye.

11:47:24 Opposed nay.

11:47:26 Motion passes 6 to 1.

11:47:29 >>YVONNE CAPIN: Thank you.

11:47:30 >>CHARLIE MIRANDA: Okay.

11:47:32 The item number 54 is to be rescheduled to April the 4th

11:47:38 at 2013 at 10:30 a.m.

11:47:43 I think I am going ask for another motion on that.

11:47:46 So moved by Mr. Cohen.

11:47:47 Second by Mr. Suarez.

11:47:49 All in favor of the motion please indicate by saying aye.

11:47:51 Opposed nay.

11:47:52 The ayes have it unanimously.

11:47:53 Information report and new business by council members.

11:47:56 Mr. Suarez.

11:47:57 >>MIKE SUAREZ: I have three items.

11:48:00 First item is I would like to request the council prepare,

11:48:04 present a commendation to the water department to fix a leak

11:48:08 on March 21st.

11:48:11 It's funnier which say it than you read it.

11:48:14 Water sense is a program by the U.S. Environmental

11:48:17 Protection Agency, it's mission to protect the future of our

11:48:19 nation's water supply by promoting and enhancing the market

11:48:22 for water efficient products and services.

11:48:25 Water Sense is teaming up with their partners to promote the

11:48:28 fifth annual Fix A Leak Week, March 18-24, 2013.

11:48:32 Tampa Water Department has been a Water Sense partner since

11:48:34 2007.

11:48:34 >>HARRY COHEN: Second.

11:48:37 >>CHARLIE MIRANDA: Second by Mr. Cohen.

11:48:39 All in favor of the motion indicate by saying aye.

11:48:41 Opposed nay.

11:48:41 Ayes have it unanimously.

11:48:43 >>MIKE SUAREZ: I have a second commendation, and request

11:48:46 Council prepare and present a commendation to the water

11:48:48 department again in recognition of water conservation month

11:48:52 on April 4th.

11:48:53 April is traditionally the dryest month in Florida.

11:48:56 Since 1998, water conservation practitioners including the

11:48:59 governor and cabinet throughout Florida have declared April

11:49:01 as water conservation month.

11:49:03 >>HARRY COHEN: Second.

11:49:04 >>CHARLIE MIRANDA: Second by Mr. Cohen.

11:49:05 All in favor of the motion indicate by saying aye.

11:49:08 Opposed nay.

11:49:08 Ayes have it unanimously.

11:49:09 >>MIKE SUAREZ: And the last thing, that we spend a moment

11:49:14 of silence for Fred Karl, the former public servant.

11:49:19 And I think that's the best way of describing him because he

11:49:22 had so many positions and did such a great job in every

11:49:24 position that he had.

11:49:25 But he was a member of the greatest generation.

11:49:30 One of the things that I think we misunderstand about what

11:49:33 greatest means is that not that they were greater than those

11:49:37 people before or those sense, but they had the greatest

11:49:40 challenges of pretty much any generation in the history of

11:49:43 the U.S., and he not only was a great public servant but was

11:49:49 an extraordinary individual.

11:49:50 And I think that we all recognize that.

11:49:53 And our hearts and prayers are with the family of Mr. Karl.

11:49:59 Thank you, chair.

11:50:01 >>CHARLIE MIRANDA: Thank you, sir.

11:50:01 Mrs. Capin.

11:50:04 >>YVONNE CAPIN: Thank you, Mr. Chair.

11:50:05 (off microphone) When we had the task force come forward,

11:50:11 and I did not thank them.

11:50:13 So I would like to at this time thank those people who gave

11:50:16 their time to the task force on the EB-5 which is Ron

11:50:19 Barton, director of economic development, Bill Flynn,

11:50:25 immigration attorney, Fowler White Boggs, Rick Holman, Tampa

11:50:31 Hillsborough Development Corporation, Oscar Horton,

11:50:34 president CEO from State International Trucks, Andrew

11:50:39 McIntosh, Fowler White attorney, Betty Reed, state

11:50:43 representative, Florida State representative, Ron Rotella,

11:50:46 Executive Director Westshore Alliance, Nick Dugotto,

11:50:54 University of South Florida, office of the provost, and Alex

11:50:57 Sink, chair of Florida Next Generation.

11:51:03 I want to thank them for their time on this task force.

11:51:07 >>CHARLIE MIRANDA: Motion by Mrs. Capin.

11:51:08 Second by Mr. Cohen.

11:51:09 All in favor of the motion please indicate by saying aye.

11:51:11 Opposed nay.

11:51:12 The ayes have it unanimously.

11:51:17 >>YVONNE CAPIN: The Humane Society of Tampa Bay is offering

11:51:19 free spay and neuter surgeries and vaccinations for cats in

11:51:22 zip codes 333610 available indoor and -- for indoor and

11:51:28 outdoor cats.

11:51:29 Through a grant by the Pet Smart charity for cats in zip

11:51:33 code 33610.

11:51:34 Please call 870-334 -- I'm sorry, 870-3304 for an

11:51:42 appointment at the Humane Society of Tampa Bay.

11:51:45 It located at 3607 North Armenia Avenue in Tampa.

11:51:50 Thank you.

11:51:53 >>CHARLIE MIRANDA: Anything else?

11:51:55 Mr. Reddick?

11:51:57 >>FRANK REDDICK: Two items.

11:52:00 One, I want to present a commendation to Hartline for

11:52:06 recognizing Rosa Parks on advertising on park benches and

11:52:12 the presentation to be presented on the 28th at 9 a.m.

11:52:16 >>CHARLIE MIRANDA: Second by Mr. Suarez.

11:52:17 All in favor of the motion?

11:52:19 Opposed?

11:52:20 The ayes have it unanimously.

11:52:21 >>FRANK REDDICK: And the second is action that Greg Bayor

11:52:26 of the Parks and Recreation Department be present at 9 a.m.

11:52:31 for a special presentation.

11:52:35 >> Motion by Mr. Reddick for Mr. Bayor, seconded by Mr.

11:52:40 Suarez.

11:52:42 The ayes have it unanimously.

11:52:43 >>MARY MULHERN: Nothing.

11:52:46 >>HARRY COHEN: Thank you, Mr. Chair.

11:52:48 One item.

11:52:50 In 1961, Clarence Earl Gideon was arrested in Panama City,

11:52:55 Florida, and based on Florida law at that time, was denied

11:52:58 his request for a court-appointed lawyer.

11:53:02 Unwilling to plead guilty to a crime did he not commit and

11:53:05 forced to defend himself, he proceeded to a jury trial

11:53:08 without counsel, was convicted an sentenced to five years in

11:53:11 prison.

11:53:12 Believing his Constitutional rights to due process had been

11:53:15 violated, Mr. Gideon petitioned the United States Supreme

11:53:18 Court for relief and was awarded a new trial with a court

11:53:22 appointed lawyer.

11:53:23 This 1963 decision by the United States Supreme Court,

11:53:27 Gideon versus Wainwright, determined that lawyers in

11:53:31 criminal courts are necessities, not luxuries, and

11:53:34 established the right all citizens enjoy today, the right to

11:53:37 court-appointed counsel.

11:53:38 This same year the Constitution of the State of Florida was

11:53:41 amended to provide for public defender agencies, represented

11:53:45 in the city of the Tampa by the 13th judicial circuit.

11:53:48 I would like to make a motion to invite our public defender

11:53:52 Julian hotel to join us on March 21st to receive a

11:53:57 commendation celebrating and marking the 50th

11:54:00 anniversary of the Supreme Court decision Gideon versus

11:54:05 Wainwright.

11:54:06 >> Second.

11:54:06 >> A motion by Mr. Cohen, seconded by Mrs. Mulhern.

11:54:10 All in favor?

11:54:11 Opposed?

11:54:11 The ayes have it unanimously.

11:54:15 Mrs. Montelione.

11:54:15 >>LISA MONTELIONE: Thank you.

11:54:18 As I mentioned this morning, I had requested -- I talked to

11:54:25 Stephen Sapp, the editor in chief of the epoch newspaper

11:54:31 though ho was supposed to be here this morning for an

11:54:33 informational report.

11:54:34 And I asked him to reschedule after looking at the calendar

11:54:37 and seeing that we had a number of ceremonial activity

11:54:40 already on the calendar.

11:54:41 And in light of last week's discussion thought that it would

11:54:45 be in the best interest of our time to reschedule him.

11:54:49 So I move to have Mr. Steven Sapp editor and chief appear

11:54:55 before council on March 21st to report on how the

11:55:01 newspaper the epoch has changed since its inception and

11:55:08 working with the homeless and giving them job training

11:55:11 skills.

11:55:12 So it would be March 21st at 9 a.m.

11:55:15 >>CHARLIE MIRANDA: A motion by Mrs. Montelione.

11:55:16 Seconded by Mr. Suarez.

11:55:17 All in favor of the motion?

11:55:19 Opposed?

11:55:20 The ayes have it unanimously.

11:55:21 >>LISA MONTELIONE: Thank you, council.

11:55:23 And following with our discussion, I am going to make a

11:55:31 motion as well that we change our rules and procedures, and

11:55:37 whether or not council desires us to go to a workshop, we

11:55:40 have a couple of days that are pretty light on workshops in

11:55:44 May or June.

11:55:46 But in reviewing, when we met for the strategic planning

11:55:51 session, and we talked about time, tone, tenor, all of that,

11:55:56 in reviewing the rules of procedures, information reports

11:56:00 are way down, it is actually understood letter M, page 3,

11:56:07 letter B, section 2, letter M is information reports, and

11:56:14 new business by council members, which means that anyone

11:56:16 coming to give information from any program or things that

11:56:20 council members want to have reports on would fall at this

11:56:24 time, at the end of the meeting.

11:56:27 And we never do it that way.

11:56:29 It's always at the top.

11:56:30 We always have people come at 9 a.m.

11:56:32 The other is that when you look at our schedule, A, B, C and

11:56:37 D, invocation and pledge, approval.

11:56:40 Agenda and public comment, take us to 9:30.

11:56:45 Just because we even public comment is set, how many minutes

11:56:49 at a maximum, so that already takes us to 9:30.

11:56:52 And then we are not even just charting this out here in

11:56:57 committee reports until 9:45, with I is letter F and G,

11:57:02 items being set for public consent, 9:45, figure field goal

11:57:07 we are already at 9:30 at the first full item.

11:57:11 Public hearings set for second reading according to our

11:57:14 rules and procedures happen at 9:30 a.m.

11:57:17 But if we are not getting through the rest of it, until

11:57:22 9:30, and we have committee reports, we are not going to get

11:57:26 to that until at least 10:00.

11:57:29 The non-quasi-judicial is set next also for the 9:30 and in

11:57:34 our rules of procedure we have two things happenings

11:57:37 simultaneously.

11:57:38 Staff reports and unfinished business is set for 10:00.

11:57:41 But I just went through that.

11:57:43 The point being is that how our rules of procedures are set

11:57:47 out in this rule is not workable.

11:57:53 I don't know what the thought process was when it was being

11:57:58 set that way, and how it came to be that we had multiple

11:58:01 things being heard at the same time.

11:58:02 But unless anybody has really gotten into time travel and

11:58:06 transport and all that Star Wars kind of stuff, I don't see

11:58:09 how we can here things all at the same time.

11:58:12 Last week when we had the workshop, and Annaliese Myers said

11:58:17 the public has been wanting for us to handle the way our

11:58:20 meetings run and flow so that there are predictable times

11:58:25 for individuals to come and be heard, and they are not sit

11:58:28 hearing for a long period of time, I think we owe it to the

11:58:32 public to take another look at how our meetings are set and

11:58:35 scheduled.

11:58:39 And that's what I'm asking for.

11:58:41 So if we can set a workshop for June to discuss our rules

11:58:46 and procedures, that pertain to regular sessions and

11:58:50 workshop sessions of council, June 20th.

11:58:57 There is only one other workshop on the schedule for that

11:59:00 date.

11:59:00 We could do it in May, if you want to get to this discussion

11:59:04 earlier.

11:59:05 We have now two workshops scheduled for May, and that is the

11:59:09 code of ethics and ethics policy and the land use workshop.

11:59:13 >> Let's do it in June.

11:59:17 >>FRANK REDDICK: Mr. Chair, one of the items we also want

11:59:22 to discuss at that workshop, we talk about one of our

11:59:29 problems, reason why we are running so late, and this is why

11:59:33 I brought it up and I am going to bring it up again, because

11:59:37 he would start yapping so much, we are going to be spending

11:59:41 all this time, and that's a problem.

11:59:42 So we have put ourselves on probation, if you recall.

11:59:46 >> Till January.

11:59:48 >>FRANK REDDICK: Till January.

11:59:49 And here we are in March.

11:59:52 And we haven't done a reevaluation.

11:59:55 So the problem in this workshop that you are talking about,

11:59:59 then we need to go back to eliminate yapping and stop

12:00:02 yapping and then we can get out on time.

12:00:04 And that's the problem.

12:00:05 Thank you.

12:00:05 >>LISA MONTELIONE: And It's not so much, Mr. Reddick, that

12:00:08 I am concerned about the time.

12:00:09 Because, you know, if we have to schedule things for haven

12:00:16 session and come back arch lunch, the way the Board of

12:00:19 County Commissioners, we talk to Mr. Shelby and I talked to

12:00:22 the county clerk to get some clarification on how there is

12:00:28 time certain work.

12:00:29 And, you know, they do go over time.

12:00:32 But it seems to be that in the back of people's minds, when

12:00:36 you know that the next item is scheduled for a time certain,

12:00:40 say at 11:00, it seems to shorten the discussion of the item

12:00:45 immediately before that.

12:00:46 They do run over five or ten minutes.

12:00:48 But they also know they are coming back after lunch so they

12:00:51 don't have to try and make it a point before then.

12:00:54 But I think that all those things need to be part of the

12:00:57 discussion, sir, and I appreciate your second, and your

12:01:01 friendly amendment, and absolutely accept that.

12:01:07 >>CHARLIE MIRANDA: We come to the yapping amendment.

12:01:09 We have a motion by Mrs. Montelione, second by Mr. Reddick

12:01:11 for a workshop June 20th at what time?

12:01:16 >>LISA MONTELIONE: I would say at 9:30.

12:01:19 >>CHARLIE MIRANDA: Are you sure that's going to be --

12:01:21 >>LISA MONTELIONE: Yes, because we have three things

12:01:23 simultaneously happening on the 20th at 9:00 a.m.

12:01:26 So I will go with 9:30.

12:01:28 >>CHARLIE MIRANDA: All in favor of the motion?

12:01:30 Opposed?

12:01:31 The ayes have it unanimously.

12:01:32 >>LISA MONTELIONE: And I have one more.

12:01:34 It's a commendation request for March 28th, 2013,

12:01:39 council workshop session, to recognize Nicholas Mabilleau

12:01:46 for his volunteer service award for community service.

12:01:49 He is a 16-year-old son of Nina Mabilleau, one of our

12:01:56 transportation engineers, and at 16 being a presidential

12:02:00 awardee is pretty impressive.

12:02:01 I would like him to come receive a commendation and tell us

12:02:04 about what he did to receive that award.

12:02:06 >> I have a motion by Mrs. Montelione, seconded by Mr.

12:02:09 Suarez.

12:02:10 All in favor of the motion indicate by saying aye.

12:02:13 Opposed nay.

12:02:13 The ayes have it unanimously.

12:02:14 I would like to make one did for commendation, also to the

12:02:19 Jesuit high school state champions in basketball, and I

12:02:23 would like to -- the seven of them.

12:02:29 >>HARRY COHEN: Do you have a date?

12:02:34 >>CHARLIE MIRANDA: No, I will get with the group.

12:02:35 >>HARRY COHEN: We have a motion from Mr. Miranda.

12:02:37 Seconded by Mr. Reddick.

12:02:39 All those in favor please indicate by saying aye.

12:02:41 Opposed?

12:02:45 >>CHARLIE MIRANDA: Okay.

12:02:45 Motion by Mr. Reddick to receive and file.

12:02:47 Second by Mr. Suarez.

12:02:48 All in favor of the motion please indicate by saying aye.

12:02:51 Opposed, nay.

12:02:52 The ayes have it unanimously.

12:02:55 General public comment.

12:02:56 Anyone in the audience all 500 of you care to come up at one

12:02:59 time?

12:03:00 You are all satisfied?

12:03:01 Thank you very much.

12:03:05 Anything else to come before this council?

12:03:08 Adjourned.

12:03:12 >>



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