TAMPA CITY COUNCIL
March 21, 2013
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8:27:20AM >>CHARLIE MIRANDA: City Council is called to session.
9:09:23AM The chair yields to Mr. Mike Suarez.
9:09:27AM >>MIKE SUAREZ: Thank you, chair.
9:09:28AM I am proud and pleased to introduce Sister Anne Dougherty.
9:09:32AM She is going to do our invocation today.
9:09:34AM She's the president and CEO of the Franciscan Center and
9:09:38AM Franciscan Sister of Allegheny, New York.
9:09:41AM She holds a master in counseling psychology, doctor in
9:09:44AM pastoral counseling and a certificate in Catholic executive
9:09:47AM leadership program at the University of Notre Dame.
9:09:50AM Go Irish.
9:09:50AM She's certified as a spiritual director in critical stress
9:09:55AM You're definitely needed here.
9:09:57AM She has taught theology at St. Bonaventure University and
9:10:00AM served as a rector at the university of Notre Dame and was a
9:10:03AM director of graduate support at Academy Prep Center of
9:10:06AM She serves as chaplain of the Tampa Police Department, the
9:10:08AM FBI Tampa and Tampa Fire Rescue.
9:10:12AM She also currently serves on the Tampa Bay regional critical
9:10:16AM incident team and enjoys reading and playing golf and
9:10:18AM hopefully your handicap is better than mine.
9:10:21AM Everyone please stand for the invocation and remain standing
9:10:24AM for the Pledge of Allegiance.
9:10:26AM >> If we just take a moment of silence to become aware of
9:10:29AM God's presence in our midst.
9:10:31AM Look kindly, loving God, on our City Council, that they put
9:10:36AM their trust in you during this community gathering.
9:10:38AM As they discuss and reflect on important issues of our city,
9:10:44AM help them to hear the voice of your spirit and receive your
9:10:47AM word in faith.
9:10:49AM Give them wisdom and discernment, prudence and judgment and
9:10:52AM guidance of your spirit in all their decisions.
9:10:55AM May diversity of views come together in common goals and may
9:11:01AM they always act with due concern for the people of Tampa.
9:11:05AM And especially for the children who are poor, homeless and
9:11:08AM suffering from abuse.
9:11:11AM We pray all this in God's holy name, Amen.
9:11:15AM [PLEDGE OF ALLEGIANCE]
9:11:35AM >>CHARLIE MIRANDA: Roll call?
9:11:36AM [Roll Call]
9:11:38AM >>MIKE SUAREZ: Here.
9:11:40AM >>YVONNE CAPIN: Present.
9:11:43AM >>HARRY COHEN: Here.
9:11:46AM >>LISA MONTELIONE: Here.
9:11:47AM >>CHARLIE MIRANDA: Here.
9:11:47AM >>CHARLIE MIRANDA: Let me just say some of the parking spots
9:11:49AM of the Councilmembers have been taken by some vehicles and
9:11:52AM they're parking somewhere else and I assume that's one of
9:11:54AM the reasons for the delay.
9:11:56AM Need a motion to adopt the minutes of March 7th.
9:12:00AM >> So moved.
9:12:02AM >>CHARLIE MIRANDA: Motion by Mr. Suarez.
9:12:03AM Second by Ms. Capin.
9:12:04AM All in favor of the motion, please indicate by saying aye.
9:12:06AM Opposed nay.
9:12:08AM The ayes have it unanimously.
9:12:08AM We go to ceremony activities.
9:12:11AM The first one would be presentation of commendation to the
9:12:14AM water department and that would be done by Mr. Mike Suarez.
9:12:25AM >>MIKE SUAREZ: Come on over here.
9:12:32AM Thank you, chair.
9:12:34AM Thank you, colleagues.
9:12:35AM My pleasure to present to the City of Tampa the Fix-A-Leak
9:12:40AM commendation that we have done every year.
9:12:42AM We support as the Tampa City Council and endorse the U.S.
9:12:47AM environmental protection agency's water sense program and
9:12:50AM the Fix-A-Leak week.
9:12:52AM That's hard to say.
9:12:53AM If I say it too many times, I know I'm going to screw up, so
9:12:57AM please bear with me.
9:12:59AM We encourage all citizens to join to fix easily correctable
9:13:04AM household water leaks, dripping faucets and running toilets.
9:13:07AM These repairs can save homeowners 10% or more on their
9:13:11AM utility billed a well maintained homes help revitalize and
9:13:14AM preserve city neighborhoods, thus improving the quality of
9:13:17AM life in our community.
9:13:18AM Water sense is a partnership program sponsored by the USEPA.
9:13:22AM Its mission is to protect the future of our nation's water
9:13:26AM supply by promoting and enhancing the market for water
9:13:29AM efficient products and services.
9:13:30AM Water sense is teaming up with their partners to promote the
9:13:33AM fifth annual Fix-A-Leak week, March 18-24, 2013.
9:13:37AM Tampa water department has been a water sense partner since
9:13:44AM It's our pleasure to introduce Brad Baird to tell us a
9:13:48AM little bit about Fix-A-Leak week.
9:13:49AM Not only does fixing leaks help preserve water, but it
9:13:52AM actually helps you save money on your water bill.
9:13:54AM So just make sure that you check all the faucets and
9:13:56AM everything else in your home to make sure that it's not
9:14:00AM >> Thank you.
9:14:00AM Good morning.
9:14:02AM Brad Baird, director of the water department.
9:14:05AM Just like to share a few facts real quick if I may.
9:14:09AM The average household leaks can account for more than
9:14:14AM 10,000-gallons wasted every year.
9:14:16AM Household leaks waste more than one trillion gallons
9:14:21AM annually nationwide.
9:14:23AM That's enough water to supply Arizona, Utah, Colorado, and
9:14:28AM New Mexico for more than one year.
9:14:30AM 10% of homes have leaks that waste 90 or more gallons a day.
9:14:37AM So common types of leaks found in the home include worn
9:14:42AM toilet flappers, dripping faucets, leaking shower heads, all
9:14:47AM are easily correctable.
9:14:48AM So, I implore you to turn off all your faucets, appliances,
9:14:58AM go to your meter, check the leak detector, which is a little
9:15:01AM red triangle on your meter.
9:15:05AM And if it's moving, you have a leak.
9:15:08AM Fix it.
9:15:09AM Thank you very much.
9:15:14AM >>CHARLIE MIRANDA: Thank you.
9:15:15AM And I appreciate you fixing your leak at your house.
9:15:17AM [ Laughter ]
9:15:20AM >> Weren't supposed to tell that.
9:15:21AM >>CHARLIE MIRANDA: No, but it was not one of those common
9:15:24AM It was a pipe that broke.
9:15:26AM So you do an outstanding job and we're real proud of you,
9:15:32AM The presentation for commendation for the public defender
9:15:37AM Ms. Julianne Holt, will be done by Mr. Harry Cohen.
9:15:50AM >>HARRY COHEN: Good morning fellow Councilmembers.
9:15:53AM And citizens.
9:15:53AM It is my he great honor and privilege today to stand before
9:15:57AM you to recognize the 50th anniversary of the 1963 decision
9:16:02AM by the United States Supreme Court Gideon versus Wainwright,
9:16:07AM which determined that lawyers in criminal courts are
9:16:10AM necessities, not luxuries.
9:16:12AM And established the right that all citizens enjoy today, the
9:16:16AM right to court appointed counsel.
9:16:18AM The right to a lawyer.
9:16:19AM This same year, the constitution of the state of Florida was
9:16:23AM amended to provide for the public defender agencies
9:16:26AM represented in the City of Tampa and the 13th judicial
9:16:30AM circuit by our public defender, Julianne Holt.
9:16:34AM Exactly 10 years ago in 2003, former Mayor Dick Greco
9:16:39AM proclaimed that March 21st would be Gideon day in the City
9:16:42AM of Tampa.
9:16:42AM Therefore, Tampa City Council wishes to join with the law
9:16:47AM offices of Julianne M. Holt, public defender for the
9:16:51AM 13th judicial circuit of Florida to commemorate the
9:16:55AM 50th anniversary of this historic decision which ensures all
9:16:59AM citizens are given the opportunities for a fair trial.
9:17:01AM In celebration of the tenth anniversary of Gideon day, in
9:17:04AM the City of Tampa, it is with great pride and pleasure that
9:17:07AM I present this commendation to Julianne Holt, public
9:17:11AM defender for the 13th judicial circuit of Florida.
9:17:15AM Let me tell you something.
9:17:16AM All of you out there, Julie Holt has been the public
9:17:20AM defender in our county for 20 years.
9:17:23AM And this year, she is serving as president of the Florida
9:17:27AM Association of Public Defenders.
9:17:28AM She is truly a beacon of light in our state and her office
9:17:34AM is held in enormously high esteem by lawyers everywhere.
9:17:38AM I know myself, having processed and worked in the profession
9:17:41AM here in Tampa, some of the smartest and ablest people that I
9:17:44AM have ever worked with have been trained in her office by
9:17:48AM So, thank you very much for everything you do and
9:17:51AM >> Thank you so much.
9:17:52AM [ Applause ]
9:17:58AM >> Thank you very much for this honor.
9:18:00AM I am truly humbled by it and I want you to know I enjoy the
9:18:06AM Most of you have known me my entire career and most of you
9:18:09AM my entire life.
9:18:10AM So I want to thank you very much for all the support that
9:18:12AM the City Council has shown me and each of you have shown me
9:18:15AM for well over 30 years of my life.
9:18:17AM Thank you very much.
9:18:18AM Thank you, Mr. Cohen.
9:18:21AM [ Applause ]
9:18:24AM >>CHARLIE MIRANDA: Is it true you got elected when you were
9:18:28AM [ Laughter ]
9:18:29AM >> That's about when you started mentoring me.
9:18:31AM [ Laughter ]
9:18:32AM >>CHARLIE MIRANDA: I was 18.
9:18:33AM [ Laughter ]
9:18:35AM >>CHARLIE MIRANDA: Mr. Shelby?
9:18:37AM >>MARTIN SHELBY: Mr. Chairman, I hope Council grants me this
9:18:40AM moment and the opportunity.
9:18:41AM I just want to personally thank Ms. Holt.
9:18:45AM Ms. Holt gave me my first job in Florida about 20 years ago
9:18:48AM as a felony trial attorney in her office and I worked with
9:18:51AM some, I mean I worked all the attorneys who were excellent
9:18:55AM and wonderful.
9:18:55AM Just wanted to share with you that personally one of the
9:18:57AM highlights of my life was representing an 18-year-old high
9:19:00AM school student who was charged with robbery.
9:19:03AM And at a pre-trial hearing, the single eyewitness, we
9:19:08AM learned had mistakenly identified my client and the case was
9:19:12AM I just want to personally thank you for the honor and the
9:19:14AM opportunity to serve justice.
9:19:16AM Thank you.
9:19:18AM >>CHARLIE MIRANDA: Mr. Suarez?
9:19:24AM >>MIKE SUAREZ: At least you won a case, that's good.
9:19:27AM Ms. Holt, a lot of people don't understand how the public
9:19:31AM defender's offers works and what you do.
9:19:33AM I want everyone to realize we're not celebrating, you know,
9:19:37AM criminals or Crim Floridas getting offer from crimes.
9:19:40AM It is about the adversarial relationship and the adversarial
9:19:44AM way that we present cases that someone has to be represented
9:19:49AM and they've to be represented competently.
9:19:52AM There was a great report this week on national public radio
9:19:54AM that showed that Florida actually is one of the best states
9:19:58AM in terms of public defenders.
9:20:00AM There are some states that do not even provide or pay for
9:20:03AM public defenders.
9:20:04AM They are private attorneys typically who may not have any
9:20:07AM experience whatsoever in the criminal justice system.
9:20:10AM What your office and offices across the state and different
9:20:13AM judicial districts prove is that having a very vigorous and
9:20:19AM good defense means that the system actually works as opposed
9:20:23AM to not working.
9:20:24AM I want to tell you how we appreciate it.
9:20:26AM I know one of our colleagues, Mr. Dingfelder, I believe
9:20:29AM works in your office.
9:20:30AM I'm glad to see that you're still here after 20 years.
9:20:34AM >> Thank you so much.
9:20:35AM >>CHARLIE MIRANDA: Any other comments?
9:20:36AM Ms. Montelione?
9:20:38AM >>LISA MONTELIONE: I want to say that during the time that
9:20:40AM we were all fretting and concerned about the onslaught of
9:20:46AM protesters here in the City of Tampa during the RNC, you
9:20:50AM took it upon yourself to open your office, have attorneys
9:20:54AM waiting and willing to serve on their own dime.
9:20:59AM And you didn't receive any funding from the RNC, from the
9:21:04AM City of Tampa, from the state, from anybody.
9:21:08AM And you took that move all upon yourself to be ready and to
9:21:14AM have those attorneys available to people who play come from
9:21:18AM out of state, no matter what side of the political scale
9:21:21AM they were on.
9:21:22AM And really without compensation.
9:21:25AM So, you know, to take that step and to say that we are
9:21:30AM ready, willing and able to assist those who come to our city
9:21:35AM from whenever they were in the country or in the world, and
9:21:39AM you know, avail themselves also of your office's services is
9:21:43AM really above and beyond the call of duty.
9:21:45AM And we thank you for that because it really was, you know,
9:21:48AM the time for us to be on the world stage.
9:21:50AM And we really showed the world how, you know, it could be
9:21:53AM done and it could be done right.
9:21:55AM >> Thank you so much.
9:21:56AM >>CHARLIE MIRANDA: Any other Councilmembers?
9:21:57AM Thank you very much all of you.
9:21:59AM Appreciate it very much.
9:22:01AM Item number 3, night a motion to have this changed.
9:22:05AM >> Motion to remove that from.
9:22:08AM >>CHARLIE MIRANDA: To may 16, same time.
9:22:10AM I have a motion by Ms. Montelione on that.
9:22:14AM Seconded by Ms. Capin.
9:22:15AM All in favor of the motion, please indicate by saying aye.
9:22:17AM Well, I was going to say Suarez, and he motioned that way.
9:22:21AM So I figured it was Ms. Capin.
9:22:24AM >>MIKE SUAREZ: It wasn't the index finger.
9:22:26AM >>CHARLIE MIRANDA: I apologize to you sir.
9:22:28AM All in favor of that motion, please indicate by saying aye.
9:22:30AM The ayes have it unanimously.
9:22:31AM Item number 4, it's Greg Bayor director of parks and
9:22:36AM recreation and Mr. Frank Reddick will handle that
9:22:53AM >>FRANK REDDICK: Good morning, Council.
9:22:55AM It's a pleasure to stand here before you.
9:22:58AM I don't think this has been done before, make a special
9:23:02AM presentation to Mr. Bayor, who is director of parks and
9:23:07AM But several weeks ago, Mr. Bayor reached out to me and
9:23:13AM informed me that several inner city kids would not have the
9:23:18AM opportunity to participate in the summer recreation parks
9:23:23AM programs at Avon Park.
9:23:27AM Was over 40 plus kids he brought to my attention would be
9:23:30AM denied that opportunity.
9:23:31AM And I knew something had to be done, that I didn't want to
9:23:36AM see those kids be denied that opportunity not participate
9:23:40AM from the recreational program this summer.
9:23:43AM So I reached out to several friends and we're going to do
9:23:52AM two presentations.
9:23:52AM And we raised the money to make sure that over 40 plus kids
9:23:56AM will be able to participate.
9:23:58AM And today, we want to present to Mr. Bayor over $5,300 to
9:24:04AM allow these kids to have the opportunity, not only
9:24:07AM participate in the recreation summer program, but to also
9:24:12AM participate, receive rec cards, so they have a great
9:24:16AM opportunity this summer.
9:24:17AM I have with me in the audience, members of the Saturday
9:24:21AM morning breakfast group.
9:24:23AM They are a group of professional young men who meet every
9:24:28AM Saturday morning to discuss not only political business and
9:24:35AM other issues, affecting the community, but if you haven't
9:24:39AM been to one of their meetings, I tell you.
9:24:42AM You're missing a treat.
9:24:43AM You get a chance to sit around and eat breakfast and talk
9:24:48AM business in this community.
9:24:49AM And several outstanding people have been able to
9:24:52AM One of the great things about this group, if you never had
9:24:57AM chitlins and grits, it's a great opportunity to come and
9:25:07AM have some chitlins and grits.
9:25:08AM So I want them to come before us, Jetty and those who want
9:25:11AM to stand before us, and I'll let all of them stand so they
9:25:14AM can be recognized.
9:25:16AM These prominent young men in our community.
9:25:18AM Mr. Bayor, they want to make the presentation to you.
9:25:27AM >> Good morning.
9:25:32AM My name is Stanley Ray.
9:25:34AM On behalf of the Saturday morning breakfast group, I'd like
9:25:37AM to present to you this check.
9:25:38AM I won't take a long time, but I would like to make sure that
9:25:41AM you understand that we're not here to get credit for
9:25:45AM participating in this program.
9:25:46AM But what we're here is to illustrate to you how members of
9:25:49AM our community can help form and guide our community in the
9:25:53AM right direction.
9:25:53AM And I really hope that you use this to great use and I
9:25:58AM forgive you for being from Baltimore.
9:26:01AM [ Laughter ]
9:26:05AM >> Gentlemen and Councilmembers, thank you so much.
9:26:08AM This fills a void.
9:26:10AM We had no program, we were going to run a great summer
9:26:14AM program throughout the city.
9:26:16AM Now we have a void filled.
9:26:17AM We thank you very, very much.
9:26:20AM Indeed a pleasure.
9:26:23AM >>FRANK REDDICK: Here's another one.
9:26:24AM So want to present this to you.
9:26:28AM And as stated, it's over $5,300 that we're presenting to you
9:26:37AM and we just want to thank you and hope that these kids will
9:26:40AM have an excellent opportunity to participate in the summer
9:26:43AM recreation program.
9:26:44AM So, thank you for reaching out and I want to thank them for
9:26:48AM coming forward and helping out and this is a tremendous day
9:26:53AM in the City of Tampa that we can do such a deed.
9:26:56AM Thank you.
9:26:58AM [ Applause ]
9:27:06AM >>CHARLIE MIRANDA: Let me just say thank you on behalf of
9:27:09AM all of us here on City Council and City of Tampa government.
9:27:12AM Kids are very important in what you invest in kids, you
9:27:16AM don't have to invest in other things like institutional
9:27:21AM I can tell you if it wasn't for Cuscaden Park when I was a
9:27:25AM kid, more than likely I would've gone to jail.
9:27:27AM But thank you very much for what you have done.
9:27:29AM Appreciate it very much.
9:27:33AM >> I do have my staff who came to show their appreciation to
9:27:37AM these gentlemen.
9:27:38AM Recognize with a wave or something back there.
9:27:40AM [ Applause ]
9:27:41AM >>CHARLIE MIRANDA: Thank you all very.
9:27:48AM >>CHARLIE MIRANDA: I need approval of the agenda and the
9:27:51AM >> So moved if.
9:27:53AM >>CHARLIE MIRANDA: Motion by Mr. Suarez.
9:27:54AM Second by Ms. Mulhern.
9:27:56AM All in favor of the motion, please indicate by saying aye.
9:27:58AM Opposed nay.
9:28:00AM The ayes have it unanimously.
9:28:01AM We go to the public portion of the agenda for 30 minutes.
9:28:05AM Each individual can come up, state their name and state what
9:28:10AM item on the agenda they would like to speak to.
9:28:12AM And they have three minutes to do such thing.
9:28:14AM Appreciate anyone that wants to speak now on items on the
9:28:18AM agenda first to come forward.
9:28:20AM Please come forward if you want to speak.
9:28:35AM >> I'm Ed Tillou from Sulphur Spring.
9:28:48AM I have these handouts.
9:28:52AM Okay, actually I am addressing certain of the items.
9:29:06AM Say 6 and 7.
9:29:09AM This bears on EMP because people got to start to realize,
9:29:14AM you know, as we're training programs and things like that
9:29:16AM that police cars are not going to be available.
9:29:18AM Fire engines apparently would.
9:29:20AM I distributed some things in the past -- okay.
9:29:29AM And people might be wondering.
9:29:31AM The thing about Charles Tillon, he's probably not a
9:29:38AM There are two villages to you.
9:29:41AM And one is big enough to have a post office but ours wasn't.
9:29:45AM But the thing is, he has very good credentials and the key
9:29:49AM thing in correspondence, I thought he was a cool kind of
9:29:51AM So even though the heritage foundation is making a big thing
9:29:55AM of EMP, this is across the board.
9:29:57AM This is the point I am trying to make with Charles TILLON.
9:30:04AM This is something for all people of the spectrum to get
9:30:07AM concerned about.
9:30:09AM Item 8 and 9.
9:30:11AM I had previously in this -- and this bears on something
9:30:15AM else, these internal beans, black beans, I said well, maybe
9:30:19AM we should have a black bean festival instead of just a Cuban
9:30:25AM There are problems with beans.
9:30:26AM I distributed material about ketamine.
9:30:30AM Ketamine has been recently discovered and the scary thing
9:30:33AM about it is it incorporates in place of your proteins.
9:30:37AM Protein your body is synthesizing.
9:30:40AM That's very ominous.
9:30:41AM I'm going to write the White House about it, that the FDA
9:30:44AM needs to start looking at this because this would normally
9:30:47AM impact soy.
9:30:48AM And start reading the labels on things.
9:30:50AM You want jobs here, take the foods you like and give that to
9:30:53AM the commercial development people, because there's a lot of
9:30:59AM jobs in that field.
9:31:00AM But a lot of times you read the ingredients and all of them
9:31:03AM are the same, soy protein.
9:31:04AM Hydrolyzed soy protein.
9:31:07AM And if that contains ketamine, a milligram of that is going
9:31:16AM to interfere with your proteins that fight off disease,
9:31:17AM pneumonia, cancer, heart disease.
9:31:20AM This is something very big.
9:31:21AM It's got to be looked at.
9:31:23AM And black beans are part of the same family, black beans,
9:31:28AM Navy beans.
9:31:28AM In fact, even peanuts.
9:31:30AM So this is something to be concerned about.
9:31:33AM I wanted to talk about the Cuban sandwich, which is item 14.
9:31:39AM But there are problems too with the Cuban sandwich.
9:31:42AM I mean, with the risk of being the grinch who stole, who
9:31:46AM stole Christmas, I have my -- I have my MPH.
9:31:51AM >>CHARLIE MIRANDA: Thank you very much.
9:31:52AM Next please?
9:32:01AM >> Hi, Chip Thomas, 1219 East Tanner Avenue.
9:32:04AM I want to try to touch on three separate issues.
9:32:08AM The first is public comment itself.
9:32:09AM I'm thinking that if you were to copy the school board's
9:32:12AM system, where someone can go online and register for a
9:32:17AM speaking spot a couple days in advance to the meeting, that
9:32:20AM you might broaden your base of participants and get some
9:32:26AM helpful input that you aren't under the current potluck come
9:32:30AM down and maybe you'll be heard, maybe you won't.
9:32:34AM The second thing is, Bayshore Boulevard, that sidewalk is a
9:32:38AM terrific and unique asset.
9:32:40AM But that as wide as it is, ten feet wide when you have
9:32:45AM walkers and runners and bladers and bikers going in
9:32:48AM different directions, at different speeds, it can feel
9:32:51AM pretty narrow.
9:32:52AM And it can feel unsafe and not very pleasant.
9:32:55AM Especially as a pedestrian.
9:32:57AM And I'm thinking it's time to eliminate bikes on the
9:33:02AM Or at least restrict their use.
9:33:04AM I say this as a long time cyclist and advocate.
9:33:07AM But Bayshore Boulevard has been recently paved.
9:33:10AM It's real smooth.
9:33:11AM There are lanes on both sides of it covering much of it.
9:33:15AM At the very least I think we should eliminate bike use on
9:33:18AM the sidewalk, something between the hours, or restrict it to
9:33:21AM 9:30 to 4:30, Monday through Wednesday and eliminate it all
9:33:25AM other time, including weekends.
9:33:26AM The third thing is, how long are we going to stay on the
9:33:29AM on-again, off-again, it's raining, you can water your lawns,
9:33:33AM it's not raining, you can't water your lawns.
9:33:35AM Back and forth, restrictions that we have been doing so
9:33:39AM SWFWMD sets what the minimum restrictions, but you can do
9:33:43AM more than they do.
9:33:44AM And they don't seem to want to ERR on the side of the
9:33:48AM We are talking about the most valuable resource we have.
9:33:52AM Essential to survival, water.
9:33:54AM I don't know how much influence the lawn industry has over
9:33:57AM SWFWMD, but it seems to me that they may.
9:34:01AM And I just don't -- you know, the reservoir and the de-sal
9:34:07AM plants have proven to be very expensive and not that
9:34:11AM I think it's time that we said, that we withdraw from the
9:34:15AM lawn culture and no more watering period.
9:34:18AM Let's just make it simple and you know, one more thought on
9:34:25AM Given our past, the door is wide open for you to put Tampa
9:34:31AM on the map as a city that has taken concrete steps to do
9:34:35AM things in a sustainable manner.
9:34:37AM And until we do so, any talk about caring about our kids and
9:34:42AM our grandkids' future is just meaningless and disingenuous.
9:34:47AM So that's it.
9:34:48AM Thank you.
9:34:48AM >>CHARLIE MIRANDA: Thank you.
9:34:49AM Ms. Montelione?
9:34:50AM >>LISA MONTELIONE: I just -- before you leave, just want to
9:34:52AM let you know that on June 20th, we have a workshop on our
9:34:57AM rules and procedures.
9:34:58AM And that's one of the items about signing up and public
9:35:01AM speaking that I'll be sure to bring up during that workshop.
9:35:07AM >>CHARLIE MIRANDA: Anyone else who has not spoken care to
9:35:09AM speak at this time?
9:35:12AM I see no one.
9:35:13AM We'll go on now to the continuation of the agenda.
9:35:17AM Requests for public reconsideration of legislative matters
9:35:22AM at the last Council meeting.
9:35:24AM Anyone care to do that?
9:35:25AM I see no one.
9:35:26AM We go to item number 5, ordinances for first reading and
9:35:35AM We go from right to left.
9:35:36AM Mr. Suarez, would you kindly take item number five?
9:35:39AM >>MIKE SUAREZ: Thank you, chair.
9:35:40AM I present an ordinance being presented for first reading
9:35:44AM An ordinance of the City of Tampa, Florida amending City of
9:35:46AM Tampa code of ordinances, chapter 26, article III, section
9:35:50AM 90, providing for repeal of all ordinances in conflict;
9:35:54AM providing an effective date.
9:35:56AM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, have a
9:35:57AM second by Mr. Reddick.
9:36:01AM Before we vote, I think Ms. Jan McLean wanted to bring it up
9:36:06AM as a positive thing.
9:36:07AM Yes, ma'am?
9:36:08AM >> Good morning, Jan McLean with the office of the city
9:36:11AM attorney here on item number five.
9:36:13AM Just to give you very, very brief background.
9:36:16AM As you can readily see, this is a one word proposed revision
9:36:19AM to chapter 26, section 90, with regard to our contribution
9:36:24AM in aid of construction policy.
9:36:27AM This provides flexibility to the city to be able to respond
9:36:31AM to the market and heretofore we were having to include an
9:36:36AM annual escalator to that fee.
9:36:39AM At this point in time, we don't need that kind of an
9:36:41AM escalator and this allows us to be able to say we are going
9:36:46AM to include it or not going to include it.
9:36:47AM That's the sum and substance of it.
9:36:49AM >>CHARLIE MIRANDA: It's a savings right now at the present
9:36:50AM time to those that are applying.
9:36:53AM >> Absolutely.
9:36:53AM >> Thank you very much.
9:36:54AM I'll take the vote.
9:36:55AM All in favor of that motion by Mr. Suarez, second bring
9:36:57AM Reddick, please indicate by saying aye.
9:37:00AM Opposed nay.
9:37:02AM >>THE CLERK: Second reading of the ordinance will be held
9:37:04AM April the 4th at 9:30 a.m.
9:37:07AM >>CHARLIE MIRANDA: Thank you all very much.
9:37:08AM We go to public safety committee chair, Mr. Frank Reddick.
9:37:13AM >>FRANK REDDICK: Thank you, Mr. Chair.
9:37:14AM I move items 6 through 10.
9:37:17AM >> Second.
9:37:17AM >>CHARLIE MIRANDA: Motion by Mr. Reddick, seconded by
9:37:19AM Mr. Cohen.
9:37:19AM All in favor of the motion, please indicate by saying aye.
9:37:21AM Opposed nay.
9:37:24AM The ayes have it unanimously.
9:37:24AM Park, recreation, culture committee chair, managers Mary
9:37:29AM >>LISA MONTELIONE: Mr. Chair, excuse me.
9:37:31AM I would like to, before we vote, remove item number 17 so we
9:37:36AM can vote on that separately Mr. Shelby, I believe there may
9:37:41AM be a disclosure I need to make regarding the contract.
9:37:45AM >>CHARLIE MIRANDA: All right.
9:37:51AM >>MARY MULHERN: Thank you Mr. Chairman, I move items 11
9:37:54AM through 15.
9:37:54AM >> CHARLIE MIRANDA: Have a motion by Ms. Mulhern, second by
9:37:57AM Mr. Suarez.
9:37:57AM All in favor of the motion, please indicate by saying aye.
9:37:58AM Opposed nay.
9:38:00AM The ayes have it unanimously. Public works committee chair,
9:38:01AM Mr. Mike Suarez, Ms. Montelione, item number 17.
9:38:11AM >>LISA MONTELIONE: There's a contract in item 17 with
9:38:13AM quality roofing.
9:38:14AM I don't have any interest in this particular contract.
9:38:17AM But my fiance's company does have business with quality
9:38:21AM roofing from time to time.
9:38:23AM So that there may be the appearance of a conflict of
9:38:28AM >>MARTIN SHELBY: My question to you is then, does your
9:38:34AM fiance's company stand to gain from this particular issue?
9:38:37AM >>LISA MONTELIONE: Not from this particular contract, no.
9:38:40AM >>MARTIN SHELBY: And you have nothing within this contract
9:38:44AM or within this item inures to your special gain or loss?
9:38:49AM >>LISA MONTELIONE: No, sir.
9:38:49AM >>MARTIN SHELBY: And does what you say, will that affect
9:38:53AM your ability to be fair and impartial with regard to this
9:38:55AM particular issue?
9:38:56AM >>LISA MONTELIONE: No.
9:38:57AM >>MARTIN SHELBY: Then it is my opinion you do not have a
9:38:59AM conflict in interest and Florida statutes would then require
9:39:03AM you to vote.
9:39:04AM >>LISA MONTELIONE: Thank you.
9:39:05AM >>MIKE SUAREZ: I move item 16 through 21.
9:39:07AM >> Second.
9:39:08AM >>CHARLIE MIRANDA: Motion by Mr. Suarez.
9:39:10AM Second by Mr. Cohen.
9:39:11AM All in favor of the motion, please indicate by saying aye.
9:39:13AM Opposed nay.
9:39:14AM The ayes have it unanimously.
9:39:14AM Finance committee chair, Mr. Harry Cohen.
9:39:17AM >>HARRY COHEN: I move items 22 through 25.
9:39:20AM >> Second.
9:39:20AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, I have a second by
9:39:22AM Mr. Suarez.
9:39:23AM All in favor of the motion, please indicate by saying aye.
9:39:24AM Opposed nay.
9:39:26AM The ayes have it unanimously.
9:39:26AM Building, zoning and preservation committee chair, Ms. Lisa
9:39:32AM >>LISA MONTELIONE: Thank you Mr. Chair.
9:39:34AM I move items 26 through 35.
9:39:36AM >> Second.
9:39:37AM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione.
9:39:39AM I have a second by Mr. Reddick on a close vote with
9:39:42AM Ms. Mulhern.
9:39:43AM All in favor of the motion, please indicate by saying aye.
9:39:45AM Opposed nay.
9:39:46AM The ayes have it unanimously.
9:39:47AM Transportation committee chair Ms. Yvonne Yolie Capin.
9:39:53AM >>YVONNE CAPIN: Thank you, Mr. Chair.
9:39:55AM I pass items 36 and 37.
9:39:58AM >> Second.
9:39:58AM >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second by
9:40:01AM Mr. Suarez.
9:40:02AM All in favor of the motion, please indicate by saying aye.
9:40:03AM Opposed nay.
9:40:05AM The ayes have it unanimously.
9:40:05AM Need a motion to set for consent for public hearing on item
9:40:09AM 38 and 39.
9:40:10AM >> So moved.
9:40:12AM >> Second.
9:40:12AM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
9:40:14AM Ms. Mulhern, close vote with Mr. Suarez.
9:40:17AM All in favor of the motion, please indicate by saying aye.
9:40:19AM Opposed nay.
9:40:20AM The ayes have it unanimously.
9:40:20AM I'm sorry, I still have a, like an ear infection, I can't
9:40:25AM hear well, but I will be taking care of that shortly.
9:40:27AM Item number 40 is, these are non-quasi-judicial appearances
9:40:35AM coming before us.
9:40:37AM These are things for second hearing.
9:40:38AM I need to open public hearing on item number 40.
9:40:42AM Motion by Ms. Montelione, second by Mr. Cohen to open
9:40:45AM hearing number 40.
9:40:46AM All in favor of the motion, please indicate by saying aye.
9:40:47AM Opposed nay.
9:40:48AM The ayes have it unanimously.
9:40:51AM >>JULIA MANDELL: Julie Mandell, legal department -- this
9:40:54AM is -- excuse me, this is second reading on a proposed
9:40:57AM ordinance which would amend chapter 14 to provide for the
9:41:01AM prohibition of the simulated gambling devices that we have
9:41:04AM been discussing.
9:41:05AM I have amended the ordinance per City Council's first
9:41:09AM reading to add some provisions in for the regulation of
9:41:13AM existing businesses for signage and also for, to not way Lou
9:41:19AM minors to be included within the business.
9:41:21AM Just so I can remind City Council, what this ordinance does
9:41:24AM is, we will be prohibiting moving forward any new
9:41:28AM establishments having simulated gaming devices and existing
9:41:32AM businesses meaning those businesses which were in existence
9:41:36AM as of today's date, will be able to continue to operate
9:41:41AM under certain regulatory requirements.
9:41:43AM I per City Council's motion at your first reading, you had
9:41:49AM asked me to send to the existing business owners a letter
9:41:53AM and a copy of the ordinance.
9:41:55AM Which I have done that.
9:41:56AM And I would like for the purposes of the record to give to
9:41:59AM the clerk the letter which I sent, as well as a copy of the
9:42:04AM list of businesses that we have in our records, which we
9:42:08AM sent these letters to, so I would like to hand this to the
9:42:11AM clerk to make this part of the record.
9:42:13AM >>CHARLIE MIRANDA: Mr. Cohen?
9:42:16AM >>HARRY COHEN: Question, Ms. Mandell.
9:42:18AM Outside of the scope of your drafting of this ordinance, the
9:42:24AM legislature has been moving forward on a separate track and
9:42:27AM I was wondering if you knew what the status was of the bill
9:42:31AM that's working its way through and whether -- and what --
9:42:35AM how it differs from what we're passing here today.
9:42:38AM >>JULIA MANDELL: Yes.
9:42:38AM I have been monitoring that situation.
9:42:41AM I have been working with W Stevenson who works with our
9:42:44AM lobbyist and to get as much up to date information.
9:42:47AM I mean everybody's very well aware of some of the situation
9:42:50AM that occurred up in Tallahassee.
9:42:51AM What has occurred subsequent to, what happened with
9:42:57AM lieutenant governor Jennifer Carroll is a bill has made it
9:43:02AM through very quickly through the house, which that
9:43:05AM particular bill would amend portions of Florida statute to
9:43:09AM clarify exactly what does it mean to be what we call a
9:43:13AM simulating gaming device.
9:43:16AM It adds in language into Florida statutes which would make
9:43:19AM it very clear that if you are going to have a game
9:43:22AM promotion, it has to be incidental to another business.
9:43:26AM It's also clarified what a slot machine is and it also
9:43:29AM provides a rebuttal resumption if you look like a slot
9:43:33AM machine, even if you're not technically, you became a game
9:43:36AM of chance, it's a rebuttable presumption you are acting in a
9:43:39AM manner as a slot machine.
9:43:40AM There is a senate bill that is also moving through the
9:43:45AM An original version of that bill did provide for existing
9:43:49AM businesses to continue to operate under certain
9:43:53AM The latest bill that was filed yesterday afternoon removes
9:43:57AM that language.
9:43:57AM I would think -- I think at this point, our ordinance, I
9:44:03AM highly recommend that we go ahead and adopt that.
9:44:05AM I don't think there's anything within the Florida statute at
9:44:08AM this point that would make, would have me recommending
9:44:12AM otherwise because of course we don't know what will end up
9:44:14AM coming out of the house and the senate.
9:44:15AM I will say things appear to be moving very quickly.
9:44:17AM There's a provision in our existing ordinance which says
9:44:20AM that in the event that there is a conflict between the
9:44:23AM Florida statutory provisions are being amended in, I think
9:44:27AM its 820 -- let's see.
9:44:30AM Section 849 of Florida statute, if there is a provision in
9:44:36AM conflict between our ordinance and the provisions in 849 or
9:44:41AM any other portion of Florida staff.
9:44:43AM Or constitutional that those would prevail.
9:44:46AM In addition, the prohibition I think that we have, that we
9:44:50AM would be adopting would be in line with really what's
9:44:52AM happening at the Florida statutory level.
9:44:55AM I think the only difference may be there might not be,
9:44:59AM existing business that is we have provided for within our
9:45:01AM ordinance may no longer be able to operate.
9:45:03AM But that would be from a state regulatory perspective.
9:45:06AM And I might be coming back to you at some point and
9:45:09AM requesting us to amend this ordinance or even removing it.
9:45:12AM But at this point, not knowing where we are at the Florida
9:45:15AM legislative level, I would recommend that we go ahead and
9:45:17AM move forward.
9:45:18AM And I will continue obviously to monitor what's happening at
9:45:20AM the state level.
9:45:22AM >>HARRY COHEN: Thank you very much.
9:45:23AM I guess the point is that what we're doing here today is
9:45:27AM going to prohibit any new ones, but allow the existing ones
9:45:30AM to keep operating.
9:45:31AM But it's very likely that the state law that's going to,
9:45:36AM appears like it's going to be passed, is going to actually
9:45:38AM prohibit all of them.
9:45:40AM >>JULIA MANDELL: That is correct.
9:45:42AM >>HARRY COHEN: Thank you very much.
9:45:43AM >>CHARLIE MIRANDA: Anyone else?
9:45:44AM Ms. Capin?
9:45:45AM >>YVONNE CAPIN: Thank you.
9:45:46AM Ms. Mandell, on the -- you mentioned part of the state,
9:45:51AM what's moving through the Tallahassee, the language is
9:45:55AM stating that sweepstakes have to coincide or relate to a
9:46:04AM For instance, McDonald's sweepstakes.
9:46:07AM Is that what I'm understanding?
9:46:09AM >>JULIA MANDELL: They're clarifying the language.
9:46:12AM One of the issues, the language in Florida statutes, the way
9:46:15AM it's currently drafted does not clearly identify the
9:46:19AM difference between what -- what a person would think of as a
9:46:24AM gambling device and internet sweepstakes device.
9:46:29AM And so, one of the things that the Florida, these bills
9:46:34AM would do is clarify that a sweepstakes, a game promotion has
9:46:40AM to be incidental to another business.
9:46:46AM In addition, provides for rules up at the state level for
9:46:48AM how you conduct those sweepstakes machines.
9:46:51AM And those are more Akin to like the McDonald sweepstakes
9:46:55AM type machines.
9:46:55AM The other thing it does -- I'm being, unspecific.
9:47:00AM Several other things that I think are importance for us to
9:47:03AM understand as this moves through.
9:47:05AM But I think to the point of what we're doing is the slot
9:47:08AM machine issue.
9:47:09AM And what this, what both bills do is they provide that if
9:47:13AM you -- redefines what a slot machine is to not just include
9:47:17AM a stand-alone machine, but could be part of a network.
9:47:20AM In addition, what it does, it says if you look like a slot
9:47:23AM machine, then it's a rebuttable presumption that you are a
9:47:27AM slot machine and you're going to have to proof to us it's
9:47:29AM some other device.
9:47:30AM And by doing those two things, I believe at the state level
9:47:34AM they're trying to provide better opportunities for law
9:47:38AM Because this, the provision of Florida staff.
9:47:40AM They're amending is within the criminal statutes.
9:47:42AM And it's providing more opportunity for law enforcement and
9:47:46AM for their to be criminalization of things that look and
9:47:51AM smell like slot machines, but are being called sweepstakes
9:47:55AM devices and by tying the two together a little bit, weaving
9:48:00AM them together in a little bit of a tighter fashion, it would
9:48:03AM give law enforcement additional opportunities because that
9:48:05AM has been really the rub with these sweepstakes internet
9:48:09AM sweepstakes cafes, is how do you define them in such a way
9:48:14AM that we can criminalize them at the state level, because
9:48:17AM there do appear to be a hole in the state statutes on this
9:48:20AM issue, which is why a lot of local jurisdictions have moved
9:48:23AM forward with their own either bans or regulations.
9:48:26AM At this point, as I said, I would recommend us moving
9:48:30AM It's very well may be, I come back to you in a couple weeks
9:48:33AM or couple months and request that we amend our ordinance.
9:48:37AM >>YVONNE CAPIN: That's where my concern is.
9:48:39AM If the -- if the state moves forward and it is passed and
9:48:48AM the courts, it goes to court, and the courts overturn the
9:48:53AM state, at that point with what we are passing today, we will
9:48:59AM have nothing.
9:49:01AM We will not have any -- if it is overturned, these
9:49:05AM regulations pertaining to the 13 businesses that are open,
9:49:09AM it does not pertain -- we are banning all new businesses.
9:49:13AM If it is overturned in court, if the legislature is
9:49:18AM overturned, which is very possible, that can happen, with
9:49:24AM what we are passing today, we are only regulating the 13
9:49:29AM Therefore, we have no regulations.
9:49:32AM If that happens, it's wide open.
9:49:34AM >>JULIA MANDELL: I'm not sure I understand what you're
9:49:37AM As I said, when we originally brought this issue up and
9:49:40AM brought this forward with the way this regulation is
9:49:43AM drafted, I indicated at that time there was always the
9:49:49AM possibility our regulation could be overturned as it related
9:49:51AM to the prohibition of new devices.
9:49:53AM Certainly that's always a possibility.
9:49:55AM But at the same time, we were going to continue to have
9:49:58AM regulations on the books as they related to the existing
9:50:02AM Unless we take that off our books, it would remain as that
9:50:06AM was at that moment in time that I was directed by City
9:50:09AM Council to come forward with this regulation and explain to
9:50:13AM City Council certainly there's a risk that an action will be
9:50:16AM I can't tell you today what the impact will be of the state
9:50:22AM regulation, until I know where it is in final form.
9:50:26AM As to whether or not I'm going to either need to come
9:50:28AM forward because we now are prohibited from having our own
9:50:31AM regulation, we're now preempted to the state.
9:50:36AM So I can't say we need to not move forward with this because
9:50:39AM we will be preempted.
9:50:41AM I may be coming back to you saying we're preempted from
9:50:44AM having any regulations, therefore I'm going to recommend we
9:50:48AM remove this.
9:50:48AM Or may very well be we keep our regulation on the books as
9:50:54AM it relates to the 13 existing businesses, so that under City
9:50:59AM of Tampa regulations, they can operate.
9:51:01AM That doesn't mean they can operate from a state level.
9:51:03AM I just can't answer that question right now for you, so
9:51:06AM that's why I'm recommending we move forward.
9:51:09AM You're right, if the state gets overturned on what they're
9:51:11AM done, there's a very good possibility we could get
9:51:14AM overturned on what we have done.
9:51:15AM But that is not any different than it was before.
9:51:18AM >>YVONNE CAPIN: It's not the possibility.
9:51:20AM If the state is overturned, what we have on the book, this
9:51:24AM is an ordinance, it stays there.
9:51:26AM >>JULIA MANDELL: That's correct.
9:51:27AM >>YVONNE CAPIN: These 13 existing businesses.
9:51:29AM >>JULIA MANDELL: That's correct.
9:51:30AM >>YVONNE CAPIN: If the state is overturned, then new
9:51:32AM businesses can open and we don't have any regulation in
9:51:35AM place, because we are only regulating the 13.
9:51:40AM >>JULIA MANDELL: Existing businesses.
9:51:41AM But just because the state gets overturned, if we keep on
9:51:43AM the books, doesn't mean what we have on the books is
9:51:47AM >>YVONNE CAPIN: I'm not saying overturned.
9:51:48AM I'm saying we are regulating 13 existing businesses.
9:51:52AM >>JULIA MANDELL: That's right.
9:51:53AM >>YVONNE CAPIN: If the state is overturned, we only have
9:51:55AM regulation on 13 existing businesses.
9:51:57AM No other businesses would we have regulation over.
9:52:00AM We will have to revisit this and, which is -- my point is,
9:52:05AM we are regulating 13 existing businesses only.
9:52:08AM If the states is overturned, we are not regulating anyone
9:52:15AM >>JULIA MANDELL: No, if we leave what we have on the books,
9:52:18AM whatever happens at the state, whatever litigation may come
9:52:22AM out of state, if we keep what we have on the books, we still
9:52:25AM have would a prohibition on the books.
9:52:29AM We would have to be sued to remove what we have at our end.
9:52:32AM Unless we, unless I come back to you and say we are now
9:52:36AM prohibited from having any regulations because we are
9:52:38AM expressly preempted.
9:52:39AM I don't see an express preemption in there.
9:52:45AM >>YVONNE CAPIN: We --
9:52:47AM >>JULIA MANDELL: We would still have a ban.
9:52:51AM >>YVONNE CAPIN: Thank you for clarifying that.
9:52:53AM I'll support this with the reservations that I have.
9:52:55AM Thank you.
9:52:56AM >>JULIA MANDELL: You're welcome.
9:52:57AM >>CHARLIE MIRANDA: Mr. Reddick, Mr. Suarez, Ms. Montelione,
9:52:59AM in that order.
9:53:01AM >>FRANK REDDICK: Thank you, Mr. Chair.
9:53:03AM Ms. Mandell, what is the possibility of banning all
9:53:06AM sweepstakes operation in the City of Tampa?
9:53:09AM >>JULIA MANDELL: Well, what this ordinance that is in front
9:53:12AM of you would do is ban all new businesses moving forward.
9:53:16AM It would not -- and it would regulate the 13 existing
9:53:20AM >>FRANK REDDICK: Do we have the legal will or power to ban
9:53:23AM existing sweepstakes?
9:53:25AM >>JULIA MANDELL: As we previously discussed, the
9:53:28AM recommendation was to not put a prohibition or a ban on the
9:53:34AM existing businesses to avoid any potential liability for
9:53:38AM allowing them to operate for a period of time and then going
9:53:41AM through the process of trying to get them to stop operating,
9:53:45AM meaning we'd have to go through code enforcement, go through
9:53:48AM some processes.
9:53:49AM And that's why at the time that we brought this forward on
9:53:52AM first reading, and even before first reading, that was the
9:53:55AM decision that was made.
9:53:56AM There have been jurisdiction that is have gone ahead with
9:54:02AM total bans and made it efforts, including Hillsborough
9:54:05AM County, and have gone through a process to have those
9:54:08AM existing businesses be removed.
9:54:14AM Those are the jurisdictions that have been in litigation.
9:54:17AM Seminole county being one of them and they are currently in
9:54:20AM Hillsborough County was another one.
9:54:21AM They are no longer in litigation because the business that
9:54:23AM was operating within Hillsborough County that had brought
9:54:27AM the action ultimately dismissed the case.
9:54:30AM So I think that's why the decision was made before first
9:54:33AM reading and then during first reading, to go ahead and allow
9:54:36AM the regulation of the existing businesses to avoid that
9:54:39AM level of liability.
9:54:41AM If you would like me to come back with a total ban, you
9:54:44AM certainly can do that.
9:54:45AM My recommendation though would be to let's wait and see what
9:54:48AM the state does.
9:54:49AM Go ahead and continue to put what we have on the books,
9:54:53AM which is our own local ban, with the regulation of the 13
9:54:57AM existing businesses, let's see what the state does, and then
9:55:01AM I might be coming back to you, either recommending that we
9:55:04AM just remove what we have on the books, recommending that
9:55:07AM we -- we can have a regulatory scheme in the city.
9:55:12AM But if they're banned from a criminal state level, then
9:55:15AM they're banned -- these a criminalization of what's
9:55:18AM happening versus a regulation of what's happening.
9:55:20AM And so that's what you have in front of you.
9:55:23AM But if City Council would like to go ahead and motion for me
9:55:26AM to, on first reading, remove the provisions for the existing
9:55:31AM businesses and come back at your next Council meeting with a
9:55:35AM total ban, we could do that.
9:55:36AM I mean, that's really policy decision of City Council,
9:55:40AM except I wanted to be very clear as I said previously, you
9:55:43AM do run a greater risk of there being liability with these
9:55:47AM existing businesses.
9:55:48AM I am relatively comfortable with the idea that we're banning
9:55:52AM any new one of these businesses or none -- banning these new
9:55:57AM machines going forward, given the state of the litigation,
9:55:59AM which has been within Florida to date.
9:56:03AM >>FRANK REDDICK: Well, let me just say this then.
9:56:05AM And wrap up with this.
9:56:06AM If the legislators decide to ban all sweepstakes in the
9:56:12AM state of Florida, then the legislators will also be facing
9:56:17AM That means they have all these sweepstakes around the state
9:56:21AM that want to sue if that's the possibility.
9:56:23AM >>JULIA MANDELL: That is absolutely true.
9:56:25AM >>FRANK REDDICK: I support a total ban on the operation.
9:56:28AM And I think in the city of Tampa, I will support a total
9:56:32AM But, I'm going to be patient and wait until, what the
9:56:38AM legislators going to do.
9:56:39AM Immediately after their decision, if it's not a total ban,
9:56:43AM then I'm going to be footing the motion before Council for
9:56:47AM the city to, to come back with a total ban of all
9:56:52AM sweepstakes within the city limits, in the City of Tampa.
9:56:55AM But I'm going to patiently wait until the legislators make
9:57:00AM the decision, before we move forward with that.
9:57:04AM >>JULIA MANDELL: To clarify, this ordinance is a ban from
9:57:12AM We would be removing the regulation as it relates to the
9:57:16AM existing businesses.
9:57:18AM >>FRANK REDDICK: That's what I'm speaking of.
9:57:20AM Existing ones as well.
9:57:22AM They're going to grow and they're going to get bigger.
9:57:24AM And if they stay in business, so if the legislators decide
9:57:29AM not to, for the total ban, then we'll within the City of
9:57:33AM Tampa, I'm going to have a motion before this Council to
9:57:37AM total ban all sweepstakes operation in the, within the city
9:57:44AM >>CHARLIE MIRANDA: Thank you, Mr. Reddick.
9:57:45AM Mr. Suarez?
9:57:46AM >>MIKE SUAREZ: Thank you, Mr. Chair.
9:57:48AM Ms. Mandell, I want to make sure that we clarify this
9:57:51AM because I think there's a little bit of confusion in terms
9:57:53AM of what's a slot machine is, versus -- and slot machines are
9:57:58AM based primarily on the operation of it as opposed to what
9:58:03AM the software running it in.
9:58:06AM So as an example, the state essentially regulates those
9:58:10AM machines that are at, let's say Seminole hard rock cafe,
9:58:14AM that deal specifically with bingo-related types of
9:58:19AM algorithms that are part of that software.
9:58:23AM That's the reason why they had a state referendum to allow
9:58:28AM only -- I think it was Broward and Palm Beach or maybe just
9:58:31AM Broward, to allow Vegas style casino type of machines.
9:58:36AM So, I think the confusion is, and I think the way you've
9:58:40AM written your ordinance is pretty clear, which is, it is only
9:58:44AM for those sweepstake games that are controlled as part of a
9:58:49AM slot machine-related machine.
9:58:51AM So not a, you know, so if you're doing a sweepstake kind of
9:58:56AM what we mentioned earlier, about McDonald's, things like
9:58:59AM that, that doesn't fall under this because McDonald
9:59:02AM doesn't have it as part of a slot machine operation, that
9:59:07AM software is not part of their sweepstakes, so to speak.
9:59:10AM And I just want to make sure that I'm correct about that.
9:59:14AM >>JULIA MANDELL: That's correct.
9:59:15AM >>MIKE SUAREZ: So we, we're getting into sort of a thorny
9:59:18AM issue of what the state has done and will do, what we're
9:59:23AM going to do and have done and what the county has done.
9:59:26AM And you know, I want to make sure that the confusion is not,
9:59:29AM you know, height ended any more than it already is.
9:59:32AM Because we are really in a thicket of different competing
9:59:37AM and sometimes complementary legal arguments.
9:59:41AM And I know that you've done a pretty good job based on what
9:59:45AM I've read on how do we actually regulate these things?
9:59:49AM And in relation to what the state already says.
9:59:52AM I think that your language has been very good.
9:59:54AM Because the state has a responsibility to regulate these
9:59:58AM type of machines.
9:59:59AM I think that Mr. Miranda has mentioned before, when we
10:00:04AM started this discussion, as to what our talks were with the
10:00:08AM state concerning these type of regulations.
10:00:12AM Because they were not taking an active role in trying to
10:00:15AM stop these types of establishments.
10:00:19AM They were trying to wait as to whether or not they wanted to
10:00:23AM regulate them.
10:00:24AM Now, after all the news that's come out, now we know why
10:00:27AM they were waiting to regulate it.
10:00:28AM There was a lot of money changing hands and to paraphrase
10:00:32AM the old movie, they were shocked to find that there was
10:00:36AM gambling in the back room.
10:00:37AM Well, they knew there was gambling back there.
10:00:39AM There were lots of things that were happening.
10:00:41AM And part of the reason why they didn't want to regulate
10:00:44AM I think that it's smart for us to continue to do this.
10:00:48AM I appreciate your recommendation, because if we don't do
10:00:52AM this now and the state comes up with something that is less
10:00:55AM than, less than strict in terms of what we're able to do
10:01:00AM here, we're going to be, I think, in a much worse position.
10:01:04AM I think taking this first step and finding out where we're
10:01:07AM going to be after the state passes something -- if they pass
10:01:10AM something -- because they passed the senate bill through
10:01:14AM Doesn't mean it's going to look anything like what we think
10:01:16AM it's going to look.
10:01:19AM I don't put my trust in the legislature when it comes to
10:01:22AM this particular issue.
10:01:23AM And I don't put my faith in them in terms of getting this
10:01:26AM thing passed.
10:01:27AM So I'm going to support this as is.
10:01:29AM I agree with Councilmember red quick in terms of trying to
10:01:34AM prohibit or ban those.
10:01:35AM I think that's a much more difficult legal hurdle to meet.
10:01:39AM And you know, as we have discussed previously, it may be
10:01:42AM much more difficult to do that, you know, on a regulatory
10:01:46AM aspect because there's land use, other things that we dealt
10:01:50AM with that may stop us from actually continuing and
10:01:54AM prohibiting them completely.
10:01:57AM So, but thank you chair.
10:01:59AM I appreciate your work, Ms. Mandell.
10:02:01AM You've really written I think a very good ordinance in terms
10:02:03AM of where we're at in the city.
10:02:05AM Thank you.
10:02:06AM >>CHARLIE MIRANDA: Thank you Mr. Suarez.
10:02:09AM Ms. Montelione?
10:02:10AM >>LISA MONTELIONE: Thank you, Mr. Chair.
10:02:11AM First, lets me say I'm very, very pleased with how this
10:02:13AM issue has turned around from when we first brought it up and
10:02:18AM talking about regulating and you know, having a revenue
10:02:23AM source for the city.
10:02:25AM We don't need these type of establishments in our city at
10:02:28AM And I support Mr. Reddick and I'll try and be patient.
10:02:32AM I'm not known for my patience, but I will try to be patient
10:02:35AM and see how this shakes out and Mr. Reddick, you bring up --
10:02:42AM [ Laughter ]
10:02:43AM >>LISA MONTELIONE: So when you do bring that up, I as well
10:02:45AM will support your move for a total ban.
10:02:49AM Refresh my memory, Ms. Cole.
10:02:51AM We have one or two ordinances do we have one that bans any
10:02:54AM new businesses from opening and a separate one that
10:02:57AM regulation the current ones in exist sense?
10:02:59AM >>JULIA MANDELL: It's within one ordinance.
10:03:01AM We have created a new chapter relating to gambling devices.
10:03:06AM And we had, within that ordinance, there is a total ban of
10:03:10AM any new operators coming forward with any new machinery,
10:03:15AM which falls within that provision.
10:03:17AM Then there's a separate section that says if you were in
10:03:20AM existence, as an existing establishment as of the date of
10:03:24AM the package of this ordinance, which would be, if you pass
10:03:26AM it today, would be today, you are allowed to continues to
10:03:31AM You cannot have any additional machines.
10:03:33AM We know how many that they have right now.
10:03:35AM They are to give us updated information as of October 1st,
10:03:41AM when they pay their business tax.
10:03:43AM They cannot move locations.
10:03:46AM So they can't get bigger, they can't move location.
10:03:48AM And we have put additional operations, regulatory
10:03:51AM operations, no alcohol, no minors, can't have signage per
10:03:57AM our discussion last time.
10:03:58AM Those kinds of things.
10:03:59AM >>LISA MONTELIONE: Thank you.
10:04:00AM That was the other thing I wanted to clarify, Mr. Reddick
10:04:02AM had played the statement about them getting bigger.
10:04:05AM And I know you know, working with you and crafting this
10:04:09AM ordinance, that we, we limited the number of machines that
10:04:13AM one business can have within their walls to what they have
10:04:16AM as of that date we talked about it, when we heard it for
10:04:21AM first reading.
10:04:22AM As far as challenges go, there are a number of jurisdictions
10:04:25AM that already have had this type of ordinance on their books
10:04:30AM for a period of months -- challenges have been taken up.
10:04:35AM And they have not been successful, correct?
10:04:39AM >>JULIA MANDELL: Well, in Seminole county, there's existing
10:04:43AM Seminole county was successful through the beginning stages
10:04:46AM of their litigation.
10:04:47AM And right now, it's litigation is in abeyance and if
10:04:51AM possible, it will be dismissed and refiled.
10:04:54AM Right now nobody knows because of what's happening with the
10:04:57AM Florida legislature.
10:04:58AM There was litigation in Hillsborough County which was
10:05:01AM ultimately -- the company took a voluntary dismissal with
10:05:03AM the right to come back at any time.
10:05:06AM I understand that that particular business had decided to no
10:05:09AM longer operate in Hillsborough County.
10:05:10AM So, that is why that litigation did not move forward as we
10:05:17AM There's always the possibility of litigation.
10:05:19AM This is an unsettled issue.
10:05:22AM The only litigation I'm aware of that has been successful
10:05:25AM for a jurisdiction was the city of -- Duval county,
10:05:32AM Who does regulate.
10:05:33AM They don't have a ban.
10:05:34AM They have a regulation.
10:05:35AM And their regulations were upheld.
10:05:37AM So that was part of the qualifications we had during first
10:05:39AM reading and prior to first reading.
10:05:41AM >>LISA MONTELIONE: Great.
10:05:42AM Thank you.
10:05:42AM I see assistant chief Newman is here.
10:05:46AM I wasn't sure if he was here to weigh-in on this issue or
10:05:48AM for another agenda item.
10:05:50AM If you would like to weigh-in?
10:05:54AM >> We're going to take the same position --
10:05:56AM >>LISA MONTELIONE: You have to come to the mic.
10:05:57AM >> I'm here for another agenda item.
10:05:59AM As relates to the RNC.
10:06:01AM But we'll wait to see what comes out of the ordinance and
10:06:03AM then we'll craft whatever our responses will be to be in
10:06:06AM compliance with that.
10:06:07AM So we have been in a wait mode to see what happens.
10:06:11AM I do know that we're aware, where the 13 locations are.
10:06:14AM Just waiting to find out what actions we're going to take,
10:06:17AM whether it's going to be regulatory or criminal.
10:06:20AM >>LISA MONTELIONE: Thank you.
10:06:21AM >>CHARLIE MIRANDA: Any other Councilmember has no not
10:06:26AM Second round, Ms. Capin?
10:06:28AM >>YVONNE CAPIN: Thank you.
10:06:28AM Yes, I did bring that forth March 1, the 2012.
10:06:32AM Did I initiate this.
10:06:33AM I did and I want to say that I also initiated on April the
10:06:38AM 5th a, to present a draft for abatement ordinance.
10:06:43AM Which brings us to here.
10:06:44AM That's the reason we only have 13 as opposed to 23, 43, 53,
10:06:51AM In order to study it.
10:06:56AM And the only court, the only -- in the state of Florida and
10:07:02AM please help me here with this, that was upheld, is
10:07:07AM >>JULIA MANDELL: That's correct.
10:07:08AM >>YVONNE CAPIN: And they regulate.
10:07:09AM That was my point from the beginning.
10:07:11AM If this is -- if this is reversed in a court, if the
10:07:19AM legislature comes forth with a ban and this is reversed, if
10:07:23AM we passed the Jacksonville ordinance, or looked at that,
10:07:27AM which is a regulation, we would have regulation in place
10:07:31AM should the courts overturn.
10:07:33AM If the courts overturn, they're going to -- I'm looking
10:07:38AM after the taxpayers dollars.
10:07:40AM We will have to defend this.
10:07:41AM That has not been upheld anywhere from the state of Florida.
10:07:46AM It's gone away.
10:07:47AM But it can come back.
10:07:49AM I'm looking at reg -- at having something on the books.
10:07:54AM So if we passed -- if we pass Jacksonville and the
10:07:59AM legislative banned it, it would supersede what we passed.
10:08:03AM But our ordinance will still be on the books.
10:08:06AM Therefore, if the state was overturned, we'd have
10:08:11AM Whereas if the state's overturned, we do not have
10:08:15AM We only have it on 13.
10:08:17AM And that is my point.
10:08:18AM And that is why I have reservations.
10:08:20AM It has not been upheld anywhere in the state of Florida,
10:08:24AM except Jacksonville.
10:08:25AM And that was the regulation.
10:08:26AM And I'm not defending it.
10:08:30AM I'm looking out again, the taxpayer.
10:08:32AM This costs money to defend.
10:08:34AM Now, if the legislature bans it, they're the ones -- that's
10:08:38AM taxpayer money up there too.
10:08:40AM And I would be surprised if it is not taken to court.
10:08:47AM Thank you.
10:08:48AM >>CHARLIE MIRANDA: This is a public hearing.
10:08:49AM Anyone in the public care to speak on item number 40?
10:08:52AM I see no one.
10:08:53AM Just to understand where we're another, I do work for the
10:08:57AM state of Florida and I do work for that division, that
10:09:00AM regulates and controls most, if not all of the operation
10:09:05AM concerning any betting in the state of Florida.
10:09:09AM But it's not their cause that has come to this event.
10:09:13AM They never had the tools to do anything about this because
10:09:17AM they were never given the legislative authority under the
10:09:20AM guidelines of the laws.
10:09:21AM And that's what we're all governed by, by laws, to do what
10:09:26AM is the right thing to do.
10:09:27AM As you well know, last year this was passed by the house and
10:09:30AM rejected by the senate.
10:09:32AM And, but I'm not here to defend or to praise anyone.
10:09:37AM For many years, those individuals, true that they have an
10:09:42AM election every two years.
10:09:44AM For many years those individuals knew what was going on.
10:09:46AM And for whatever reason, they chose not to address it at
10:09:49AM that time.
10:09:49AM So the division that I'm employed by regulates.
10:09:54AM Doesn't create the legislation.
10:09:56AM That we have to follow, just like we do with other
10:09:59AM departments within the City of Tampa.
10:10:00AM And with that, I think I'll take it to the original motion
10:10:04AM that was made back in March 7th.
10:10:07AM Ms. Montelione, Mr. Suarez, Ms. Montelione, would you
10:10:09AM care -- I need to close the public hearing.
10:10:12AM No one is going to speak at this time.
10:10:14AM I see no one.
10:10:15AM I have a motion to close, second bring Reddick.
10:10:18AM Second by Mr. Suarez, to close the public hearing.
10:10:20AM All in favor of the motion, please indicate by saying aye.
10:10:22AM Own opposed nay.
10:10:24AM The ayes have it unanimously.
10:10:25AM Ms. Montelione, would you kindly read the ordinance?
10:10:28AM >>LISA MONTELIONE: Yes, sir, thank you.
10:10:29AM I move an ordinance prohibiting the operation -- the
10:10:34AM substitute ordinance?
10:10:35AM Madam Clerk?
10:10:36AM Thank you very much.
10:10:36AM I move an ordinance prohibiting the operation and use of
10:10:40AM simulated gambling devices creating chapter 14, article IX,
10:10:46AM simulated gambling devices, section 14-301 through section
10:10:51AM 14-306; providing for repeal of all ordinances in conflict;
10:10:56AM providing for severability; providing an effective date.
10:11:01AM >> Second.
10:11:03AM >>CHARLIE MIRANDA: Motion by Ms. Montelione.
10:11:05AM Second by Mr. Suarez.
10:11:06AM This is a second reading, so it is a roll call vote.
10:11:10AM Vote and record.
10:11:19AM >>THE CLERK: Motion carried unanimously.
10:11:21AM >>CHARLIE MIRANDA: Thank you all very much.
10:11:23AM Appreciate it.
10:11:23AM All right.
10:11:24AM We go to the 9:30 public hearings.
10:11:26AM And item number 41, wants a postponement.
10:11:32AM I suggest we open the hearing.
10:11:33AM And I have a motion to open hearing by Mr. Cohen, second by
10:11:36AM Ms. Montelione.
10:11:37AM All in favor of the motion, please indicate by saying aye.
10:11:39AM Opposed nay.
10:11:40AM The ayes have it unanimously.
10:11:43AM Mr. Sousa?
10:11:45AM You asked for couldn't United Nations, right?
10:11:47AM >> Yes, sir.
10:11:47AM >>CHARLIE MIRANDA: To what date, sir?
10:11:49AM >> For April 18th.
10:11:50AM >>CHARLIE MIRANDA: April 18th at 9:30 in the morning.
10:11:53AM I need a motion.
10:11:54AM >> Move to continue.
10:11:55AM >> Second.
10:11:55AM >>CHARLIE MIRANDA: I have a motion to continuation by
10:11:57AM Ms. Montelione, second by Mr. Cohen -- anyone in the
10:12:03AM audience care to speak on the continuance of this?
10:12:08AM Let me close the hearing first.
10:12:11AM >> Move to close.
10:12:13AM >>CHARLIE MIRANDA: To move it -- excuse me, to continue the
10:12:16AM hearing to April 18th.
10:12:17AM I had that motion.
10:12:18AM My mistake.
10:12:19AM All in favor of the motion to continue to April 18th at 9:30
10:12:22AM in the morning, made by Ms. Montelione, second by Mr. Cohen,
10:12:25AM please indicate by saying aye.
10:12:26AM Opposed nay.
10:12:27AM The ayes have it unanimously.
10:12:28AM This would be heard April the 18th at 9:30.
10:12:33AM We go to staff reports.
10:12:35AM At 10:00.
10:12:39AM We're running almost right on time.
10:12:41AM We go to item number 42.
10:12:44AM Jake Slater, director of neighborhood services to appear and
10:12:51AM provide a brief overview regarding a neighborhood service
10:12:54AM departments, etcetera.
10:12:56AM Yes, sir?
10:12:56AM >> Good morning, Council.
10:12:57AM Jake Slater, City of Tampa neighborhood services department
10:13:01AM Let me hand out a couple organizational charts to the clerk
10:13:06AM if I could.
10:13:07AM Good morning, everybody.
10:13:19AM I was asked to come back and give a brief overview of the
10:13:23AM neighborhood services department for the City of Tampa.
10:13:25AM I included an organizational chart for your review, along
10:13:29AM with a two-part breakdown of our department.
10:13:34AM Being a little bit too large to put on one page with any
10:13:38AM type of clarity.
10:13:39AM I'm going to start with the Elmo first if I can.
10:13:46AM Code enforcement and the Clean City division merged, as you
10:13:55AM all know when we last came back.
10:13:57AM Currently, we have five teams that is comprised of a
10:14:04AM combination of code enforcement officers and clean city
10:14:07AM Each of the teams will consist of six code enforcement
10:14:13AM officers and six maintenance employees for the four
10:14:18AM individual districts.
10:14:19AM You can see how we have the districts divided up into
10:14:21AM geographical areas in the City of Tampa.
10:14:25AM The enforcement inspectors will be divided up with assigned
10:14:30AM quadrants to proceed with all concerns of enforcement of
10:14:33AM chapter 1920-5 and 27.
10:14:36AM And the maintenance employees will provide the continuous
10:14:42AM sweeps to their assigned quadrants, including maintenance of
10:14:46AM alleys, which is an ongoing problems.
10:14:49AM Right-of-way medians and participating in various projects.
10:14:52AM I'm happy to also report on the fifth rapid response team,
10:14:56AM which is going to be a citywide rapid response team which
10:15:01AM will be able to respond to various type of illegal dumpings,
10:15:06AM emergency situations, alley maintenances, graffiti
10:15:10AM abatement, herbicide treatment for weed control.
10:15:14AM Special projects, such as the East Tampa summer youth
10:15:18AM project, which will be employing a total of 36 summer youths
10:15:24AM in the East Tampa CRA, starting a week after school starts,
10:15:28AM up until the week before school starts back up again.
10:15:33AM I really feel very, very strongly that this is going to
10:15:36AM provide us with an overall quicker response.
10:15:40AM A more thorough response citywide.
10:15:43AM We have had it up and running the last month and great,
10:15:46AM great reviews from the neighborhoods.
10:15:49AM The second part of the neighborhood enhancement department
10:15:56AM is on your chart called the neighborhood services
10:16:00AM That's the other part of the department that doesn't get as
10:16:05AM much recognition as code enforcement does.
10:16:08AM And the neighborhood enhancement teams.
10:16:10AM This is comprised of the business tax division, which
10:16:17AM encompasses eight full time staff members.
10:16:20AM We collect business taxes for over 43,000 businesses in the
10:16:24AM City of Tampa.
10:16:25AM We're involved in foreclosure registry that right now
10:16:28AM currently we have over 5700.
10:16:31AM And we're also in charge of the rental certificate program
10:16:34AM that we have about 14,000 rental certificates in the City of
10:16:38AM We also have a customer calls center that's operated out of
10:16:44AM the neighborhood services department.
10:16:46AM And that consists of four overall customer service reps
10:16:51AM answering code enforcement, clean city, neighborhood, the
10:16:57AM relations, phone numbers and also the main information line
10:17:00AM for the entire City of Tampa.
10:17:02AM Last year, in calendar year 2012, we answered just under
10:17:07AM 69,000 phone calls.
10:17:08AM Also a part of this, we have a neighborhood and overall
10:17:14AM relations bureau, community relations bureau, which is
10:17:17AM staffed by two staff members.
10:17:20AM We have about 80 neighborhood associations currently.
10:17:23AM We provide links with the City of Tampa government.
10:17:26AM We share information with the neighborhoods.
10:17:30AM And really real, real quickly, community affairs staff, four
10:17:36AM full time staff members and a part time staff employee.
10:17:39AM We handle human rights ordinance, Florida, Florida civil
10:17:43AM rights act.
10:17:43AM Titled seven of the civil rights act, equal pay and also ADA
10:17:50AM As you can see, we have a wide range of overall
10:17:54AM responsibilities in this department.
10:17:58AM I'm awful proud of the department.
10:18:00AM We try our best to serve the neighborhoods in a very quick
10:18:05AM and overall timely manner.
10:18:07AM And I'm more than happy to answer any questions you may
10:18:12AM >>HARRY COHEN: Thank you Mr. Slater.
10:18:14AM Council Reddick?
10:18:15AM >>FRANK REDDICK: Thank you, Mr. Chair.
10:18:17AM I'm going to -- the total number of employees you have under
10:18:22AM your direction, all these departments.
10:18:26AM Looking at this, it's a lot of people.
10:18:28AM Looks like a lot of people.
10:18:32AM >> Yes, sir, Mr. Reddick.
10:18:34AM Right now it's about 110 people.
10:18:36AM But I was just able to hire a full time manager.
10:18:40AM And he's been operating the past three weeks.
10:18:45AM >>FRANK REDDICK: So the full time manager will supervise all
10:18:47AM these people and report, management report directly to you?
10:18:52AM >> No, the full time manager is going to handle other
10:18:54AM neighborhood enhancement teams.
10:18:56AM Code enforcement and clean city.
10:18:58AM I'll be handling everything else directly.
10:19:00AM Give me like a break.
10:19:03AM It would give me more time to overall strategize a little
10:19:08AM bit better than I have been.
10:19:09AM >>FRANK REDDICK: The office where people register their
10:19:13AM neighborhood association, this come under your?
10:19:17AM >> Yes.
10:19:17AM Currently staffed by two members.
10:19:22AM >>FRANK REDDICK: Right.
10:19:22AM So that's come under your wings as well?
10:19:25AM >> Yes, sir.
10:19:26AM >>FRANK REDDICK: Okay.
10:19:26AM And you mentioned community affairs department?
10:19:33AM >> That's always under my direction.
10:19:35AM >>FRANK REDDICK: Under your wings too?
10:19:37AM >> Yes, sir.
10:19:37AM We currently have four full-time and one part-time.
10:19:45AM >>FRANK REDDICK: I was looking at this.
10:19:46AM I wear glasses and I'm still having a hard time.
10:19:49AM [ Laughter ]
10:19:50AM >>FRANK REDDICK: You got it so small, that print.
10:19:54AM Human rights department, that's under community affairs?
10:20:00AM >> Yes, sir.
10:20:01AM >>FRANK REDDICK: Okay.
10:20:01AM I see we see human rights investigators.
10:20:06AM >> We have three.
10:20:07AM >>FRANK REDDICK: You have three?
10:20:08AM >> Yes, sir.
10:20:08AM >> On the average, do you get quite a few complaints.
10:20:11AM >> People in the community?
10:20:12AM >> We have two contracts.
10:20:13AM One's with HUD and one's with EEOC.
10:20:17AM On the housing side, we average about are 15 case as year
10:20:21AM for fair housing.
10:20:22AM On the employment side, we average somewhere between 45 and
10:20:26AM 50 cases a year.
10:20:27AM >>FRANK REDDICK: Okay.
10:20:28AM And that's from anyone in the city can file a complaint
10:20:34AM through that department?
10:20:35AM >> That is correct.
10:20:35AM Any citizen that has been discriminated against, whether
10:20:38AM it's been fair housing, employment, ADA issues, or under our
10:20:46AM overall ordinance has a right to come in and file a
10:20:48AM complaint with our office.
10:20:50AM >>FRANK REDDICK: My last question, Mr. Chair, you mentioned
10:20:53AM You get any federal funding from HUD?
10:20:57AM >> We have a contract with HUD, which we have had for the
10:21:01AM last seven or eight years under Mr. Bowden and Mr. Hearns.
10:21:06AM We get reimbursed each of the cases we work.
10:21:11AM >>FRANK REDDICK: All right.
10:21:11AM Thank you, chair.
10:21:12AM >>HARRY COHEN: Any other Councilmembers wish to ask in
10:21:16AM Councilwoman Montelione?
10:21:17AM >>LISA MONTELIONE: I'm having the same visual challenges
10:21:19AM that Mr. Reddick is having.
10:21:21AM But looking at the neighborhood services organizational
10:21:26AM chart, the, the -- all the way over to the left, the ones
10:21:35AM that are in I guess the maroon color, I guess I'm not sure
10:21:41AM what the charge of that unit is.
10:21:45AM It has critical staff supervisor.
10:21:49AM Are these individuals working in the customer service lines?
10:21:58AM >> These are administrative staff for code enforcement.
10:22:00AM They handle all our liens, all our demolitions, all our
10:22:04AM abatements, all our securing contracts.
10:22:07AM They handle the code board scheduling.
10:22:11AM >>LISA MONTELIONE: Okay.
10:22:12AM >> All of the admin stuff on code enforcement process.
10:22:17AM >>LISA MONTELIONE: All the documentation that goes along
10:22:19AM with allowing you to do your job and abate the houses and
10:22:22AM deal with the court system.
10:22:25AM >> Liens, release liens, working with the overall legal
10:22:29AM >>LISA MONTELIONE: Okay.
10:22:29AM And the customer service representatives, I understand your
10:22:36AM division also handles all of the incoming calls.
10:22:41AM >> We handle the main City of Tampa information line, which
10:22:45AM was transferred over to us about two years ago.
10:22:50AM When the cutbacks occurred.
10:22:55AM We handle that main information line, code enforcement,
10:22:58AM clean city, community relations office.
10:23:01AM That comes into our call center and then we direct the calls
10:23:07AM out to the various departments.
10:23:09AM But we're the first person that they talk to if they call
10:23:12AM the main information number for the City of Tampa.
10:23:16AM >>LISA MONTELIONE: I was going to say, can you tell the
10:23:17AM public what that number is?
10:23:19AM >> 274-8211.
10:23:22AM >>LISA MONTELIONE: So anyone has a question regarding fair
10:23:25AM housing or any staff member that has an employment issue.
10:23:32AM >> Anything to do with the City of Tampa.
10:23:34AM Anything with government.
10:23:38AM >>LISA MONTELIONE: Such as a pothole?
10:23:39AM >> Pothole, code enforcement, police problem, fire
10:23:43AM department problem, water department, we would direct that
10:23:46AM call to that respective department.
10:23:48AM >> That's the number that's on our web site.
10:23:51AM And those we are talking about the telephone information
10:23:55AM We have also an e-mail system where you can go on and you
10:24:00AM can register a complaint or ask a question via the internet.
10:24:06AM Is that also handled and dispersed by your department or is
10:24:09AM that a function of T and I.
10:24:12AM >> T and I handles that.
10:24:14AM We get referrals, like if it comes in sometime of general
10:24:19AM inquiry, will come to us first normally.
10:24:23AM >>LISA MONTELIONE: I guess that's a let of responsibility as
10:24:27AM was pointed out before.
10:24:28AM To handle every single question that comes into the City of
10:24:31AM Tampa, no matter what the question is, is a tremendous
10:24:38AM And to handle that with the staff that you have is really to
10:24:44AM be commended.
10:24:45AM I guess the only concern that I have in looking at this
10:24:49AM chart is how light it is on the opposite side on the extreme
10:24:54AM left-hand side -- I mean right-hand side of the chart.
10:24:58AM And that is the, the neighborhood services and the outreach
10:25:03AM to our civic associations and homeowners associations that
10:25:07AM exist within the City of Tampa.
10:25:09AM We have quite a number of them.
10:25:11AM And oftentimes, individuals rather than contacting us
10:25:15AM directly, will go to their civic association and, you know,
10:25:20AM talk to the civic association, so the interaction between
10:25:25AM your department and neighborhood services and the
10:25:28AM coordination of all of the civic associations would be a
10:25:32AM concern because that seems to be the lightest on this
10:25:37AM staff-wise on all the charts that you gave us today.
10:25:40AM >> Yes, ma'am, that is correct.
10:25:42AM >>LISA MONTELIONE: Is there any plans to make any strides in
10:25:48AM filling out the staff?
10:25:49AM I know Ms. Edge and Ms. Jackson do a phenomenal job, from
10:25:55AM what I hear from our neighborhood associations and civic
10:25:58AM associations, that they're both very well liked and very
10:26:02AM professional in what they do.
10:26:04AM But they're only two people.
10:26:06AM >> We're actually waiting for the budget numbers to come
10:26:09AM And once we get the budget, the prep numbers, then we'll
10:26:13AM make a decision about how to go forward with that.
10:26:16AM >>LISA MONTELIONE: Thank you.
10:26:17AM Our neighborhood associations will be grateful and I just
10:26:21AM want to commend the two of them for the job that they've
10:26:24AM been doing and continue to do all by themselves.
10:26:29AM >> I will pass that along.
10:26:31AM >>LISA MONTELIONE: Thank you.
10:26:32AM >>CHARLIE MIRANDA: Thank you very much.
10:26:32AM Anyone else?
10:26:34AM Appreciate it very much.
10:26:36AM >> Thank you for all your support.
10:26:38AM Means a lot to us.
10:26:39AM >>CHARLIE MIRANDA: Item number 43.
10:26:45AM >> Thank you, Catherine Coyle, planning and development.
10:26:48AM Just briefly, I did state to Councilwoman's Capin's office
10:26:56AM about this particular item.
10:26:57AM This is probably the fifth or sixth quarterly report on this
10:27:00AM item as far as reporting on the progress of the placards.
10:27:03AM We have our alcohol workshop which I believe has been
10:27:05AM rescheduled to April?
10:27:09AM >> May.
10:27:10AM >> I just found that out actually.
10:27:12AM The progress with the alcohol placards and the progress with
10:27:16AM the overall alcohol database and reporting, you know, the
10:27:21AM research and everything else is right on track.
10:27:23AM We have been working with TPD and the leadership over there
10:27:28AM in fast tracking, getting that layer in their GIS system in
10:27:32AM the cars, so hopefully it won't be the end of the year.
10:27:34AM We're going to get that fast tracked much quicker, which is
10:27:37AM excellent information.
10:27:38AM We issued those placards on a weekly batch.
10:27:43AM As people come in for new signoffs for licenses, we go
10:27:46AM through and process those.
10:27:47AM That process will only get quicker when the database is
10:27:51AM fully ready.
10:27:52AM We're coming out of our testing mode right know and staff is
10:27:57AM using it regularly.
10:27:58AM We are putting that information into the database on that
10:28:01AM GIS letter so we can literally export the information into a
10:28:05AM static form and issue the placard immediately.
10:28:08AM So, right now we're doing in weekly batches.
10:28:11AM But we're right on target with everything.
10:28:13AM So in speaking with Councilwoman Capin's offers, I was
10:28:17AM hoping this could be the last quarterly report because I'm
10:28:19AM anticipating multiple alcohol workshops in the future as we
10:28:22AM continue forward.
10:28:24AM >>CHARLIE MIRANDA: Ms. Capin?
10:28:25AM >>YVONNE CAPIN: Yes.
10:28:26AM I agrees, Ms. Coyle.
10:28:28AM See, you did have news today.
10:28:33AM Good news, come on in.
10:28:35AM We could use it.
10:28:36AM Thank you so much for your diligence on this and for just
10:28:40AM actually expanding it to where it is going to be a huge
10:28:44AM benefit to the citizens, to our law enforcement and code
10:28:49AM enforcement when it comes to the alcoholic beverage
10:28:53AM So, I want to thank you and if I need to move that, we
10:29:00AM suspend the quarterly reports.
10:29:04AM >> Second.
10:29:05AM >>CHARLIE MIRANDA: I have a motion by Ms. Ka pane, second by
10:29:08AM Mr. Cohen.
10:29:08AM All in favor of the motion, please indicate by saying aye.
10:29:10AM Opposed nay.
10:29:11AM The ayes have it unanimously.
10:29:11AM Thank you very much.
10:29:12AM We go -- item 44, there's a request from Cathy Coyle to be
10:29:19AM continued to April the 18th.
10:29:21AM >> So moved.
10:29:23AM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, I have a
10:29:26AM second by Mr. Suarez.
10:29:31AM All in favor of the motion, please indicate by saying aye.
10:29:34AM Opposed nay.
10:29:35AM The ayes have it unanimously.
10:29:36AM Thank you for coming.
10:29:38AM You're not leaving, Mr. Suarez.
10:29:39AM Thank you very much.
10:29:41AM I was worried about me counting to four.
10:29:45AM Item number --
10:29:48AM >>YVONNE CAPIN: I can vote twice.
10:29:51AM [ Laughter ]
10:29:51AM >>CHARLIE MIRANDA: Item number 45.
10:29:53AM Item number 45 is, this is a payment of 1,365,000 from the
10:30:02AM national Republican convention grant from the city of
10:30:08AM >> Good morning, Council, Mr. Chairman.
10:30:09AM Any questions, these are the 434 P-3 71 radios ordered in
10:30:17AM April as part of the program we had deployed for the RNC.
10:30:21AM Clearwater had ordered them as part of their package and
10:30:23AM then it wasn't part of their first package that we did for
10:30:25AM the radio programs.
10:30:27AM We already gotten the grant approved up in DC.
10:30:31AM So now we're bringing it on the back end of it.
10:30:34AM But it was already ordered in April.
10:30:36AM >> Move to approve.
10:30:38AM >>CHARLIE MIRANDA: Resolution moved by Mr. Cohen, second,
10:30:42AM I'm sorry, I missed it.
10:30:44AM Second by Mr. Suarez on 45.
10:30:45AM All in favor of the motion, signify by saying aye.
10:30:46AM Opposed nay.
10:30:48AM The ayes have it unanimously.
10:30:49AM Item number 46.
10:30:54AM Consultant agreement between the City of Tampa and KCI.
10:30:58AM >> Good morning, Brad Baird, director water department.
10:31:01AM This is a three year agreement with our consultant KCI to
10:31:07AM mark water and reclaimed water pipes.
10:31:09AM The three year contract would cross a four budget years.
10:31:14AM So that's why you see four numbers there that total up to
10:31:16AM $2 million.
10:31:17AM It's a contract that helps prevent damage to underground
10:31:24AM utilities or injury to the people doing the work.
10:31:30AM And prevents environmental contamination as well.
10:31:33AM We request your approval.
10:31:34AM >>CHARLIE MIRANDA: Need to move that resolution.
10:31:36AM >> So moved.
10:31:36AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
10:31:38AM Ms. Montelione on 46.
10:31:40AM All in favor of the motion, please indicate by saying aye.
10:31:42AM Opposed nay.
10:31:43AM The ayes have it unanimously.
10:31:47AM >> Thank you.
10:31:48AM >>CHARLIE MIRANDA: All right.
10:31:48AM These are items for 10:30.
10:31:51AM These are public hearings, including review hearings.
10:31:53AM Items, need to open items 37 through 51.
10:31:56AM >> So moved.
10:31:57AM >>CHARLIE MIRANDA: Motion by Ms. Montelione to open.
10:31:58AM Second by Mr. Suarez.
10:32:00AM All in favor of the motion, please indicate by saying aye.
10:32:01AM Opposed nay.
10:32:03AM The ayes have it unanimously.
10:32:03AM We go right into item number 47.
10:32:06AM Mr. Suarez?
10:32:12AM >>LISA MONTELIONE: Mr. Chair?
10:32:14AM >>CHARLIE MIRANDA: It is a quasi-judicial proceedings.
10:32:17AM Everyone thinking possibly to speak, must be sworn in.
10:32:23AM [Oath administered by Clerk]
10:32:30AM >>CHARLIE MIRANDA: Ms. Montelione, before we continue,
10:32:32AM Ms. Montelione?
10:32:33AM >>LISA MONTELIONE: Thank you.
10:32:33AM Mr. Shelby, I am filing form 8 B, memorandum of voting
10:32:38AM conflict for county municipal and other public officials
10:32:41AM with the clerk.
10:32:42AM My fiance's company may be engaged in a business contract in
10:32:48AM the very near future with the petitioner's representative,
10:32:51AM Patricia Ortiz and I would like to submit this form to the
10:32:54AM clerk at this time.
10:33:13AM >> Good morning, Council.
10:33:15AM Next application is V 13-31.
10:33:18AM Property address is 2206 and 2210 Central Avenue.
10:33:23AM Applicant name is Patricia Ortiz.
10:33:25AM You'll notice on your, may have received a revised staff
10:33:28AM You should have a packet there.
10:33:31AM It's revised because of the address.
10:33:33AM Nothing more.
10:33:34AM Just the address.
10:33:35AM The Development Review Committee finds it currently
10:33:44AM City of Tampa land development regulations.
10:33:46AM If approved, minor site plan revisions are required between
10:33:49AM first and second reading.
10:33:50AM The zoning of the parcel currently is RM-24, although it is
10:33:54AM going through a PD planned development rezoning currently.
10:33:58AM Which was first reading was heard on March 14th.
10:34:01AM The evening of March 14th, this past Thursday.
10:34:03AM Alcoholic special use is alcoholic beverage sales, small
10:34:09AM venue, beer and wine consumption on premises with beer and
10:34:12AM wine package sales off premises.
10:34:15AM Currently there are no waivers being requested on this
10:34:17AM Let me show you some photographs before I get into the
10:34:23AM This is the parcel.
10:34:43AM This is Central Avenue.
10:34:45AM Little bit north of palm.
10:34:47AM East of Florida.
10:34:48AM The interstate system off to the east.
10:34:51AM This is the small lot in question.
10:34:54AM Here's a view of duplex.
10:35:01AM Small retail building and courtyard in between.
10:35:05AM The site is occupied by two existing structures.
10:35:15AM One structure is a two unit residential duplex and the other
10:35:18AM being a small commercial retail building.
10:35:22AM Both structures are sharing the same zoning lot together.
10:35:24AM In the middle of the residential, in the middle of a
10:35:28AM residential neighborhood, Tampa Heights urban village.
10:35:31AM Existing retail building is proposed to be a legal
10:35:35AM Will have both indoor and outdoor beer and wine, alcohol
10:35:41AM In addition the restaurant wishes to be able to have package
10:35:44AM sales of beer and wine for consumption off premises.
10:35:47AM The restaurant wishes to use 1,216.8 square feet of indoor
10:35:52AM seating area and 1,135.2 square feet of outside AB sales
10:35:58AM area for total of 2,352 square feet of AB sales area.
10:36:04AM This parcel again is certainly going through a PD, planned
10:36:07AM development rezoning request in order to be able to have the
10:36:10AM restaurant component that will support the AB sales being
10:36:14AM Currently the RM-24 zoning district does not permit the
10:36:18AM restaurant and the proposed location.
10:36:20AM If the PD application is not approved, the City Council then
10:36:24AM will request the AB sales areas becomes void.
10:36:28AM Both land development and transportation currently find this
10:36:32AM inconsistent because of the parking situation.
10:36:34AM They're requesting a reduction of parking from 20 to zero.
10:36:37AM By code, at the time of any increased intensity or any other
10:36:42AM change of use is established, off-street parking spaces
10:36:47AM shall be provided in accordance with the current code.
10:36:50AM Council should be aware in able to control adverse effects,
10:36:57AM due consideration shall be given on adjoining and nearby
10:37:01AM The area, the neighborhood or the city of use or occupancy
10:37:05AM as proposed, or its location construction design character
10:37:08AM scale or manner of operation.
10:37:10AM The site located in the middle of a residential
10:37:16AM Request 100% reduction in parking is excess to lead to
10:37:20AM expensive intrusion of parking for commercial purposes.
10:37:24AM Residential streets, which would be incompatible.
10:37:36AM >> Good morning, officer Don Miller, City of Tampa Police
10:37:40AM City of Tampa Police Department has no objections.
10:37:43AM >>CHARLIE MIRANDA: Thank you.
10:37:44AM You're going to speak.
10:37:47AM Everyone is going to be allowed to speak.
10:37:50AM >> Good morning, Patricia Ortiz.
10:37:51AM I'm here on behalf of Jennifer Hatchcock, the property
10:37:55AM And we were here before you last week for PD approval.
10:38:01AM We received your tentative approval.
10:38:03AM We of course have to go through second reading.
10:38:05AM Today, we would like to ask for an AB special use permit to
10:38:10AM allow beer and wine consumption on-site and package sales.
10:38:15AM Currently, the site operates as a sort of convenience store.
10:38:19AM We want to convert that into a neighborhood bodega.
10:38:23AM By doing so, we're offering to serve hot food or pizzas,
10:38:29AM some neighborhood commercial items and allow the beer to be
10:38:33AM consumed on preemptions as well as sold for package.
10:38:37AM Again, right now we have a one APS license which allows for
10:38:44AM that package sales.
10:38:45AM Would like to upgrade that to something that would allow
10:38:47AM consumption on-site as well.
10:38:49AM I think that Joel identified the request and I could answer
10:38:53AM any questions that you might have.
10:38:55AM >>CHARLIE MIRANDA: Any questions by Councilmembers?
10:38:56AM Thank you.
10:38:58AM Anyone in the audience care to speak at this time?
10:39:01AM Please come forward.
10:39:07AM >> Good morning.
10:39:08AM My name is Eleanor Solomon.
10:39:10AM Retired music teacher from the county.
10:39:13AM I live at 2110 north Central Avenue, which is right next
10:39:17AM I have been in that neighborhood for quite a while.
10:39:23AM And I remember when that store used to be what we call the
10:39:26AM neighborhood drugstore because all the druggies hung out
10:39:29AM There was a lot of just bad stuff going on.
10:39:34AM But now our neighborhood has come up.
10:39:36AM We have got a lot of people in that neighborhood with
10:39:40AM I have six grandchildren that go to Lee right around the
10:39:46AM And they walk to my house sometimes from that.
10:39:52AM And all, they would have to pass that store.
10:39:57AM Our neighborhood is safe right now.
10:39:59AM I don't want it to go back to what it used to be.
10:40:02AM And when you serve liquor or allow that, the drunks are
10:40:06AM going to be in there.
10:40:08AM I know you might have food and it might be pretty good.
10:40:10AM But I'm concerned about -- and there are quite a few
10:40:14AM Their parents are working.
10:40:16AM And I have another neighbor that's sitting back there, but
10:40:19AM she doesn't want to talk.
10:40:20AM I don't want to take up too much time.
10:40:22AM But we do not want this.
10:40:24AM We do not want it and should not come to our community.
10:40:27AM Thank you.
10:40:28AM >>CHARLIE MIRANDA: Thank you very much.
10:40:29AM Next please?
10:40:34AM >> Good morning, chair.
10:40:35AM Good morning Council.
10:40:36AM Diane Costantino.
10:40:38AM President of the east Ybor historic and civic association.
10:40:41AM I'm also a presented of the applicant.
10:40:43AM We are here to support the request of the applicant.
10:40:49AM We are jealous in a way.
10:40:51AM We have got a vacate store on fifth and 23rd that used to be
10:40:55AM a bow Diego.
10:40:57AM We would give anything to have a little neighborhood store
10:41:00AM we could walk to and have pizza.
10:41:02AM They already have a package license, so people can buy beer
10:41:05AM there to go.
10:41:05AM So normally the association on your normally and not support
10:41:10AM of any COP, whether it be two or four.
10:41:14AM But the neighborhood has proven, or the applicant has proven
10:41:16AM that she is very responsible.
10:41:18AM Has taken a blighted area and has turned it totally around.
10:41:22AM You can go in there now and see all kind of imported and
10:41:27AM American made craft beers.
10:41:29AM She makes a mean pizza.
10:41:31AM It would be really great to sit there and have a pizza and
10:41:33AM be able to drink a beer.
10:41:35AM The previous tenant was very irresponsible, like the
10:41:38AM previous lady said.
10:41:38AM He catered to drug addicts and alcoholics and prostitutes.
10:41:42AM She has proven that she has cleaned up the area by what you
10:41:45AM can see there.
10:41:47AM And she's a owner.
10:41:49AM It's not like a tenant that could blight an area, sell to
10:41:52AM whoever he wanted, where money being the bottom line and
10:41:55AM then get shut down and move to Floribraska and blight up
10:41:58AM another area.
10:41:59AM So, already having a package license, we are encouraging
10:42:03AM that you approve the 2(COP) and like I had told you, I was
10:42:08AM here last week to support the PD.
10:42:10AM When I used to do business in there, I probably picked up
10:42:14AM more bottles, actually quartz of colt 45 malt liquor and
10:42:19AM steel reserve than that building is over a hundred years
10:42:23AM So I think she's already proven a track record.
10:42:26AM She is serving food.
10:42:27AM And I would love to visit the place and be able to have a
10:42:32AM beer with a pizza.
10:42:32AM And I think she has already proven herself.
10:42:35AM And I encourage you all to approve it.
10:42:38AM Thank you.
10:42:38AM >>CHARLIE MIRANDA: Thank you very much.
10:42:39AM Next please?
10:42:41AM >> Hello, I'm Doug Phillips.
10:42:43AM I live 312 west Francis avenue, eight blocks away.
10:42:49AM I too have a child that goes to Lee elementary.
10:42:51AM I love this place.
10:42:56AM Lee's pizza.
10:42:59AM I'd like to ask you to approve it.
10:43:02AM I think the same as everybody else, that, that the situation
10:43:09AM is a thousand times better than it ever was before.
10:43:12AM I too used to be afraid to walk down that street.
10:43:15AM The other day, I went to a dad's club meeting just
10:43:20AM Tuesday -- anyway.
10:43:23AM Went to dad's club meeting of other fathers and things to
10:43:27AM support our kids at Lee elementary.
10:43:29AM And walked there from my house to have the meeting at Lee's.
10:43:34AM And they graciously hosted us, bring us water, pizza,
10:43:38AM whatever we want to obviously we have to pay for it, but my
10:43:42AM point is, they're a good neighbor to have.
10:43:45AM And from what I'm hearing, the complaint of one of the other
10:43:50AM audience members is selling the alcohol is the problem.
10:43:54AM And the old tenant sold alcohol from what I understand as
10:44:00AM The new tenant, Leigh's, sells alcohol as package.
10:44:05AM We don't have the same problem that we used to.
10:44:08AM She and there are people that are working there have been
10:44:10AM able to somehow keep the riff-raff out and also judging from
10:44:16AM the fact that the police don't have an objection, I would
10:44:20AM like to think that that means that they don't have to go
10:44:24AM there every day like they used to.
10:44:26AM So, just in closing, the other thing about the planned
10:44:30AM development, I don't know if I can talk about that, but
10:44:32AM people are saying the parking is an issue.
10:44:34AM I've never had a problem with parking.
10:44:36AM I do drive there sometimes.
10:44:37AM Sometimes I walk.
10:44:39AM I'm a member of the community garden just down the street.
10:44:41AM There are lots of parking spaces and we also just built a
10:44:47AM kaboom playground two weeks ago.
10:44:50AM Had over 200 volunteers parking in the neighborhood.
10:44:54AM Somehow they found places to park.
10:44:56AM I understand that was on a Saturday morning, but the point
10:44:59AM is there are parking places to be had.
10:45:01AM So, in closing, I would just say please consider approving
10:45:05AM this application.
10:45:06AM Thank you.
10:45:08AM >>CHARLIE MIRANDA: Thank you very much.
10:45:08AM Next please, sir?
10:45:12AM >> Good morning, my name is Ray Rello.
10:45:15AM I am a free-lance music and culture writer.
10:45:18AM I sell to the Times and Creative Loafing.
10:45:21AM Also work in two restaurants to help pay my mortgage in
10:45:24AM Tampa Heights.
10:45:25AM Lived there five years.
10:45:26AM Will agree with my neighbor, at one point we wouldn't even
10:45:29AM go past that street that corner of central because my wife
10:45:32AM was completely scared of it.
10:45:34AM When we received a takeout menu on our door from Lee's, my
10:45:38AM wife told me not to go there.
10:45:40AM But after dragging her there, the after a few months, she
10:45:44AM fell in love with the place.
10:45:46AM She now uses that bike path by the Community Gardens, to go
10:45:51AM to her gym downtown and she loves Lee's pizza.
10:45:54AM Craves it.
10:45:56AM As far as the alcohol thing, I realize that selling alcohol
10:46:00AM sometimes could create the perception that you might have
10:46:03AM some trouble with people moving through.
10:46:05AM However, I would say that the kind of alcohol the craft
10:46:08AM beers that they sell, won't necessarily be acceptable to the
10:46:12AM undesirable population that my neighbor's talking about.
10:46:16AM Still get in trouble for buying beer there because sometimes
10:46:19AM it's too expensive for my budget.
10:46:21AM I would say this is a good thing for the neighborhood.
10:46:23AM They make really good pizza.
10:46:25AM And I've never ever had a problem there.
10:46:27AM Even when it's packed, we walk there, ride our bikes.
10:46:31AM It's not a gigantic place.
10:46:33AM I would definitely like to see this in my neighborhood.
10:46:36AM >>CHARLIE MIRANDA: Thank you very much, sir.
10:46:36AM Anyone else care to speak who has not spoken on item 47?
10:46:40AM Petitioner, you have a rebuttal.
10:46:43AM >> Again, practice Patricia Ortiz on behalf of the property
10:46:47AM I'd like to state that we have worked very closely with the
10:46:49AM Tampa Heights civic association to come up with a plan that
10:46:53AM meets the requirements, or meets the wants and needs of the
10:46:57AM In addition, I have a petition with over 400 signatures.
10:47:01AM 445 to be exact, of people who are in support of this
10:47:06AM And finally, I have a police report that I'd like to submit
10:47:09AM into the record.
10:47:12AM Multi-page police report that indicates the type of activity
10:47:15AM that has been going on prior to the new owner taking over,
10:47:22AM there I believe has been one incident of crime since
10:47:25AM Jennifer has taken over the property.
10:47:27AM And that was just a nuisance.
10:47:28AM We to call and say, you know, there's someone outside
10:47:31AM causing trouble.
10:47:32AM So, we are very responsible.
10:47:36AM We want to provide a need that the community has
10:47:38AM demonstrated that they've, they're interested in having and
10:47:42AM we're definitely interested in being good neighbors.
10:47:46AM >>CHARLIE MIRANDA: Thank you very much.
10:47:46AM Anyone else, Mr. Capin?
10:47:50AM >>YVONNE CAPIN: This might be for Ms. Kert or our staff.
10:47:54AM This is -- this is beer and wine and help me here.
10:48:00AM This -- if this is being done administratively, this
10:48:04AM automatically would have no outside amplification, if this
10:48:10AM was done administratively.
10:48:12AM Does it still stand?
10:48:15AM >> Under administratively, they could've had till 11:00.
10:48:19AM If there was special use one.
10:48:21AM That's true.
10:48:24AM >>YVONNE CAPIN: That of course is always my concern, this is
10:48:26AM a neighborhood.
10:48:27AM They have an outdoor area.
10:48:29AM Amplified music, if that is one --
10:48:34AM >> We have agreed to a specific condition stating that there
10:48:36AM will be no amplified music.
10:48:39AM >>YVONNE CAPIN: You have?
10:48:39AM I did not see that.
10:48:40AM My apologies.
10:48:41AM >> That's fine.
10:48:42AM We have also agreed to conditions, there are placed on the
10:48:45AM site plan, which does have to be revised between now and
10:48:48AM second reading, but to function as a restaurant, so we would
10:48:51AM be required to meet all of the supplemental requirements for
10:48:56AM restaurant, even though we don't meet the restaurant size,
10:48:59AM we are a small venue.
10:49:01AM So we would do the 49-51% food, 49 alcohol sales.
10:49:07AM >>YVONNE CAPIN: So that would be a condition, between first
10:49:10AM and second reading?
10:49:11AM >> It's actually already on the site plan.
10:49:13AM We have agreed to that.
10:49:14AM We have worked with the Tampa Heights civic association.
10:49:18AM That was one of their concerns.
10:49:19AM And we certainly did want to meet that.
10:49:21AM They also had concerns over hours of operation.
10:49:24AM We met with them in a separate meeting and we narrowed down
10:49:27AM some hours that would be good for both of us.
10:49:32AM >>YVONNE CAPIN: Thank you.
10:49:33AM >>CHARLIE MIRANDA: Mr. Suarez?
10:49:35AM >>MIKE SUAREZ: I have a quick procedural question, not for
10:49:37AM you the, Ms. Ortiz.
10:49:38AM Either Mr. Sousa or Ms. Kert.
10:49:42AM Just a quick question.
10:49:43AM One, I assume that the reason why we did not have this come
10:49:47AM before us when we were doing the PDF, because the PDF has to
10:49:50AM be preliminarily approved first before we can do this
10:49:53AM between first and second reading?
10:49:55AM Or why wasn't this part of the first reading for the PD?
10:49:59AM >> The PD is the rezoning to allow the restaurant use to
10:50:02AM come in.
10:50:02AM This is on top of that.
10:50:05AM I believe alcohol and beverage is immaterial to the planned
10:50:09AM development process.
10:50:11AM >>MIKE SUAREZ: Well, let me, before Ms. Ortiz agreed to come
10:50:15AM up here, I find that a little bit inconsistent.
10:50:18AM Because if your argument is that we don't have any parking
10:50:21AM spaces and you bring back the exact same argument we had
10:50:24AM during the PD discussion, alcohol, I don't understand why we
10:50:28AM wouldn't have that.
10:50:29AM It makes more sense that you would say listen, we're going
10:50:33AM to approve the PD first, allow that to go forward and then
10:50:36AM allow a separate use, it's different because they already
10:50:40AM have package and they want to go to serving indoors also.
10:50:43AM I mean, it doesn't make much sense to me.
10:50:48AM >> Staff is attempting to assist the petitioner, so we're
10:50:51AM jogging the process.
10:50:54AM The PD is coming through first.
10:50:55AM If it does not get approved, then ours again becomes void.
10:50:59AM Without the PD in place, the RM-24 will not support anything
10:51:04AM we're talking about.
10:51:05AM >>MIKE SUAREZ: Thanks.
10:51:05AM >>CHARLIE MIRANDA: Any other Councilmembers?
10:51:06AM Anyone else who care to speak who has not spoken?
10:51:10AM Need a motion to close.
10:51:13AM >>YVONNE CAPIN: Excuse me.
10:51:14AM >>CHARLIE MIRANDA: I'm sorry, anyone else?
10:51:15AM Ms. Capin?
10:51:16AM >>YVONNE CAPIN: I don't see that condition on here.
10:51:18AM Of the amplified music.
10:51:21AM Does anyone?
10:51:26AM >>CHARLIE MIRANDA: Somebody answer that, please.
10:51:31AM >> If the applicant wishes to make that a condition --
10:51:35AM >>YVONNE CAPIN: I got it.
10:51:35AM Right here.
10:51:36AM Didn't see it.
10:51:37AM >> Move to close.
10:51:38AM >> Second.
10:51:38AM >>CHARLIE MIRANDA: Motion to close by Mr. Reddick.
10:51:40AM Second by Mr. Cohen.
10:51:41AM All in favor of the motion, please indicate by saying aye.
10:51:43AM Opposed nay.
10:51:45AM The ayes have it unanimously.
10:51:45AM What's the pleasure of the Council?
10:51:48AM >> You want me to take the ordinance?
10:51:52AM >>CHARLIE MIRANDA: Well, this is first reading.
10:51:56AM >> Be glad to take it.
10:51:58AM >>CHARLIE MIRANDA: Okay, Mr. Suarez.
10:51:59AM >>MIKE SUAREZ: I move an ordinance approving a special use
10:52:02AM permit S-2 for alcoholic beverage sales, small venue,
10:52:06AM consumption on premises and package sales off premises and
10:52:09AM making lawful the sale of beer and wine at or from that
10:52:11AM certain lot, plot, or tract of land located at 2206 and 2210
10:52:16AM north Central Avenue, Tampa, Florida, as more particularly
10:52:19AM described in section 3, that all ordinances or parts of
10:52:22AM ordinances in conflict are repealed; providing an effective
10:52:26AM date and including the revision sheets and the hours of
10:52:28AM operation as provided to us by staff.
10:52:32AM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez.
10:52:33AM I have a second by Mr. Cohen.
10:52:36AM All in favor of the motion, please indicate by saying aye.
10:52:37AM Opposed nay.
10:52:41AM >> Nay.
10:52:42AM >>CHARLIE MIRANDA: Motion passes 5-1.
10:52:45AM >>THE CLERK: Motion passes with Reddick voting know and
10:52:49AM Montelione abstaining.
10:52:50AM The second reading of the ordinance will be held April the
10:52:53AM 4th at 9:30 a.m.
10:52:55AM >>CHARLIE MIRANDA: Thank you all very much for attending
10:52:57AM this hearing.
10:52:58AM And it will be a second as the clerk stated.
10:53:00AM Item 48 cannot be heard because there was no affidavit
10:53:06AM Any date for this to come back?
10:53:14AM Clerk or legal or someone?
10:53:18AM On 48.
10:53:20AM There was no affidavit filed, so can't be heard.
10:53:26AM I need a motion to remove.
10:53:29AM >> So moved.
10:53:29AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by Mr. Suarez
10:53:31AM on 48 to remove.
10:53:32AM All in favor of the motion, please indicate by saying aye.
10:53:34AM Opposed nay.
10:53:36AM The ayes have it unanimously.
10:53:36AM Item number 49 is a continued hearing.
10:53:41AM And I believe Mr. Sousa has -- I think he's left the room.
10:53:46AM But he's back there.
10:53:47AM So it's a continuation.
10:53:49AM He would like to have it continued to April the 18th at
10:53:52AM 10:30 in the morning.
10:53:53AM Am I correct?
10:53:54AM Nodding yes.
10:53:55AM I need a motion.
10:53:56AM >> So moved.
10:53:57AM >> Second.
10:53:57AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
10:54:00AM Mr. Suarez.
10:54:01AM With close vote Mr. Reddick.
10:54:03AM On 49.
10:54:03AM All in favor of that motion, please indicate by saying aye.
10:54:05AM Opposed nay.
10:54:06AM The ayes have it unanimously.
10:54:07AM I will be leaving the chambers and Mr. Cohen will handle the
10:54:14AM meeting for the last two.
10:54:15AM I have some other business that I really have to take care
10:54:19AM >>HARRY COHEN: Okay.
10:54:19AM Thank you, Mr. Chair.
10:54:20AM Item number 50.
10:54:25AM >> Good morning, Council.
10:54:26AM Eric Cotton, Land Development Coordination.
10:54:28AM Item number 50 is a petition to review for, from a denial
10:54:33AM from the Variance Review Board.
10:54:37AM VRB 13-1 for a property at 3935 West Cypress Street.
10:54:41AM The applicant was seeking relief.
10:54:42AM The staff report that was in the -- this is located in the
10:54:46AM Westshore overlay district.
10:54:48AM If you have a copy of the staff report that went to the VRB,
10:54:49AM there's an error in that that talks about chapter
10:54:51AM 20.5, which was the old sign code.
10:54:55AM He's actually asking for relief from, currently from staff
10:54:59AM renumbering of the Chapter 27 that went through back in
10:55:03AM From section 27-238, which is the Westshore overlay
10:55:09AM He's asking to increase the height of the sign from 20 feet
10:55:11AM to 60 feet.
10:55:13AM Reduce the required setback from 15 feet to zero feet and to
10:55:17AM increase square footage of a sign from 50 feet to
10:55:21AM 120 feet -- 280 feet.
10:55:26AM Aerial photo the applicant provided to the Variance Review
10:55:30AM Cypress street, the interstate, he owns this triangular
10:55:36AM piece of property, Freedman Office Supply.
10:55:39AM The existing sign is, what they're asking you to do is
10:55:48AM increase -- the sign right now is allowed by code, 50 square
10:55:54AM What they're asking you to do is increase the square footage
10:55:57AM and the height in order to get visibility above the
10:56:00AM interstate when the, when FDOT finishes the interstate work.
10:56:04AM If you have any questions, be happy to answer them regarding
10:56:07AM the application.
10:56:07AM >>HARRY COHEN: Any questions from Councilmembers at this
10:56:11AM Mr. Suarez?
10:56:14AM >>MIKE SUAREZ: If they increase the height, they could use
10:56:19AM that sign for any use besides even their own business, is
10:56:22AM that correct?
10:56:23AM >> They'd be limited -- they can't offsite sign.
10:56:28AM >>MIKE SUAREZ: Have to limit it only to their business?
10:56:30AM >> Correct.
10:56:31AM >>MIKE SUAREZ: Thank you.
10:56:32AM >> You're welcome.
10:56:33AM >>HARRY COHEN: Anyone else?
10:56:34AM Mrs. Council Montelione?
10:56:36AM >>LISA MONTELIONE: I just would like to see the map again.
10:56:38AM >> This one or the site plan map?
10:56:40AM >>LISA MONTELIONE: Thank you.
10:56:41AM The sign right now, it's true we don't have a street view of
10:56:49AM I'm not sure if the applicant --
10:56:51AM >> The applicant -- this is the existing sign right here.
10:56:54AM >>LISA MONTELIONE: That doesn't really do it for me.
10:56:57AM What I was trying to get to was the scale, the
10:57:02AM appropriateness, the area where that sign is, does it face
10:57:09AM Does it face 275?
10:57:10AM Can you point to where it is on the map?
10:57:13AM >> This is the white dot.
10:57:20AM >> That's the existing sign.
10:57:22AM >>LISA MONTELIONE: So the intent to the advertising is not
10:57:23AM for those traveling, I would assume, cypress treat.
10:57:27AM It's to get the visibility on 275?
10:57:30AM >> That's what the variance request is for.
10:57:32AM Mr. Pressman will explain.
10:57:35AM >>LISA MONTELIONE: I'll wait to hear from the applicant.
10:57:40AM >>HARRY COHEN: Okay.
10:57:41AM Thank you.
10:57:41AM Mr. Pressman?
10:57:45AM >> Good morning, Councilmembers, Mr. Vice chair, Todd
10:57:55AM Pressman, 334 East Lake Road, number 102 in Palm Harbor,
10:58:00AM If we could switch to the PowerPoint please.
10:58:03AM Thank you.
10:58:03AM So this is an appeal of VRB 13-1.
10:58:08AM I'm here with Mr. Steve Freedman.
10:58:10AM Mr. Freedman is the owner of the business.
10:58:13AM You see the location in black.
10:58:16AM Adjoining I-275.
10:58:18AM And a closeup view, you'll see the business there and its
10:58:23AM distance from the interstate.
10:58:24AM And you'll see the sign off on the left side there.
10:58:27AM Freedman's office furniture is a local business.
10:58:33AM They have over a 30 year presence in Tampa.
10:58:35AM Two locations.
10:58:36AM Remains a local and family business.
10:58:38AM And they've been very supportive of a lot of the charitable
10:58:42AM groups in the area.
10:58:43AM The issue today is signage.
10:58:47AM Let me boil this down really to one point.
10:58:51AM And that is, Freedman's location has been there for many
10:58:56AM They are taking no action whatsoever to change their
10:59:00AM situation or their sign.
10:59:02AM The only thing that is occurring is a significant change in
10:59:07AM So they're seeking to they're seeking just to keep the same
10:59:14AM size but raise it up, so minimal visibility.
10:59:16AM All they're seeking to do is keep their existing sign but
10:59:20AM raise it up.
10:59:20AM They're negatively affected by the height of 275 and with
10:59:27AM So this is a currents view eastbound.
10:59:30AM You'll see Freedman off on the right.
10:59:32AM This is typically as you would be moving in eastward
10:59:35AM This is little closer.
10:59:36AM Again, right on I-275.
10:59:38AM They enjoy beautiful visibility.
10:59:40AM Not just of the freestanding signing but also the wall sign
10:59:42AM as you'll see from the building.
10:59:44AM This is the current westbound view.
10:59:48AM Hard to get a picture because you're traveling on the
10:59:51AM They enjoy, the top picture, sign is very visible.
10:59:54AM On the bottom picture, their wall sign is very visible.
10:59:57AM We all know I-275 is improving.
10:59:59AM Significant changes.
11:00:00AM We did sit down, with the I-275 team.
11:00:03AM Milt with them and talked with them a number of occasions.
11:00:06AM I can speculate to you, not speculate, present to you first
11:00:11AM on the height change.
11:00:11AM If you look what they provided for me and highlighted is
11:00:14AM existing profile.
11:00:15AM And a future profile.
11:00:17AM The profile of the road, goes from 25 feet to 40 feet right
11:00:21AM in front of Freedman's.
11:00:23AM A lot of differences.
11:00:25AM You won't see as much undulation in the interstate.
11:00:29AM But additionally on top of that road surface, eight foot
11:00:34AM high sound wall.
11:00:35AM I'm sure the Councilmembers are probably aware of that.
11:00:37AM So, this was drawn in by the engineers at DOT, shows it
11:00:45AM going up about 45 wand 46 feet in front of Freedman's.
11:00:49AM That was going to completely obliterate their wall signage
11:00:52AM and the freestanding signs.
11:00:53AM They will be invisible to the roadway as compared to what
11:00:56AM they have now.
11:00:57AM In regard to width expansion, there's also significant
11:01:00AM Looking at the site here, you'll see that the interstate's
11:01:04AM going to be approximately 60 feet closer, which will take it
11:01:07AM right to the property line.
11:01:08AM Not only do you have a height element, you have element
11:01:11AM where you're going to be much closer to this large high
11:01:14AM That's a second factor that's causing significant difficulty
11:01:18AM at Freedman's.
11:01:19AM This is just a picture, just hammer home how big these
11:01:24AM structures are.
11:01:24AM I don't know how this, how high this is, but I wanted to
11:01:28AM present a picture to you as to what kind of elements are
11:01:31AM going on on the new I-275.
11:01:33AM So what we did, we hired our three architects to paint a
11:01:37AM picture for us.
11:01:38AM To scale of what the effects would be in terms of the
11:01:41AM signage as it's existing.
11:01:43AM This is high aerial view, you'll see there's a number of
11:01:49AM different channels with the interstate with sound walls.
11:01:52AM What they've provided for us is visibility angles.
11:01:55AM You have existing sign on the right, the building on the
11:01:58AM You have the elevation of the interstate on the left, with
11:02:00AM the sound wall and you can see the tracking of the
11:02:02AM visibility angles would definitively eliminate what
11:02:08AM Freedman's has owned and pays property taxes on, which is at
11:02:11AM the heart of their business.
11:02:13AM This would be sign visibility with proposed height in size.
11:02:15AM This is again to scale from the architects.
11:02:17AM We can get just a little bit above there, get a little bit
11:02:20AM of visibility.
11:02:21AM All the wall signage is lost, but at least that gives us
11:02:27AM As you're doing going along this corridor, high buildings,
11:02:31AM Amscot, Blue Cross, Blue Shield, all the hotels.
11:02:35AM They're typically much higher.
11:02:36AM The mall.
11:02:37AM People are not going to be affected like this as are smaller
11:02:40AM one story local businesses.
11:02:42AM So our proposal today, three elements.
11:02:45AM Basically what it does, it allows the same size, of which no
11:02:50AM action is occurring by Freedman's to cause any change.
11:02:53AM Just simply go up minimally to keep some minimal visibility.
11:02:57AM And that is going to be a minimal height at the site.
11:03:00AM So with that, Councilmembers, we appreciate your
11:03:06AM I think Mr. Freedman has a few comments for you, Mr. Vice
11:03:09AM chair, if we may.
11:03:13AM >>HARRY COHEN: Mr. Shelby?
11:03:14AM >>MARTIN SHELBY: Mr. Pressman, do you have a DVD or
11:03:16AM something to place in the record?
11:03:18AM >> It's already been downloaded in the city computers.
11:03:22AM I'll be happy to provide whatever you like.
11:03:24AM Oh, you mean the DVD of the prior meeting?
11:03:28AM >> Yeah, I have that with me.
11:03:31AM >>HARRY COHEN: Thank you.
11:03:32AM >> Hello, Steve Freedman, I own Freedman's office your
11:03:38AM Thank you for taking your time.
11:03:40AM I've been in business 33 years in Tampa.
11:03:43AM I'm considered a great corporate citizen.
11:03:44AM I give back to the community here.
11:03:47AM Small business, I'm family owned.
11:03:48AM My kids have worked for me.
11:03:50AM I have other kids coming up that will work for me.
11:03:53AM My father who is 80 years old works for me.
11:03:55AM I depend on visibility.
11:03:58AM I bought this building because about 15 years ago, DOT came
11:04:01AM through and took my other building.
11:04:03AM And I was forced to sell the other building right on the
11:04:06AM other side of the interstate.
11:04:07AM So I bought this one.
11:04:08AM This was no mention they were going to expand the interstate
11:04:10AM when I bought this one.
11:04:11AM I thought I was being really smart buying one on the other
11:04:14AM I spent over a million dollars renovating this building.
11:04:17AM Was a metal building.
11:04:20AM Now it's got fancy drive, so looks like up scale business.
11:04:25AM Visibility is core for me.
11:04:29AM Interstate traffic, I bump into so many people, they go oh,
11:04:32AM I know why you're another.
11:04:33AM I've seen that sign for years.
11:04:35AM They drive up the interstate and try to loop around and find
11:04:38AM Having a wall in front of me, right now when you pull in the
11:04:43AM parking lot, we look right at the interstate.
11:04:45AM We're going to be looking at one of those red brick walls
11:04:48AM like you saw 40 feet in the air.
11:04:50AM I'm fighting for 20 employees to keep their jobs.
11:04:58AM Visibility is key.
11:05:00AM It's like being on a dead end road out in Plant City if I'm
11:05:04AM I bought this for visibility.
11:05:07AM There's not a lot of traffic on Cypress street that's going
11:05:10AM to pull into my place.
11:05:11AM It's the interstate.
11:05:12AM Like you said, I'm affected more than anybody else because
11:05:17AM they have taller structures and signs up there.
11:05:21AM I really need your help.
11:05:28AM Thank you.
11:05:33AM >>HARRY COHEN: Okay.
11:05:34AM Well, before we have rebuttal, is there anyone from the
11:05:37AM public that would like to speak on this issue?
11:05:39AM I don't see anyone.
11:05:42AM Petitioner, is there anything additional or do
11:05:44AM Councilmembers have any questions or comments?
11:05:48AM Mr. Shelby?
11:05:52AM >>MARTIN SHELBY: Just for the record, Mr. Chairman, thank
11:05:54AM Mr. Pressman did provide me and I have filed with the clerk
11:05:57AM the copy of the DVD of the Variance Review Board hearing.
11:06:04AM >> Move to close.
11:06:06AM >> Second.
11:06:07AM >>HARRY COHEN: Motion to close from Council Reddick,
11:06:09AM seconded by Councilwoman Montelione.
11:06:11AM All those in favor, please indicate by saying aye.
11:06:14AM Mr. Reddick, would you please move the item, if you so
11:06:21AM >>FRANK REDDICK: Yes.
11:06:21AM Mr. Chair, I would like to move that the Council overturn
11:06:33AM the Variance Review Board decision, to deny Freedman
11:06:40AM furniture their request pertaining to expanding the signage
11:06:46AM on Cypress street.
11:06:48AM >> Second.
11:06:50AM >>HARRY COHEN: Okay.
11:06:50AM Discussion on the motion?
11:06:53AM Just for clarification, your motion is to deny the request
11:06:59AM to overturn the variance board's.
11:07:03AM >>FRANK REDDICK: No.
11:07:03AM To overturn.
11:07:05AM >>HARRY COHEN: Your motion is overturn the decision of the
11:07:07AM variance board.
11:07:10AM Thank you.
11:07:11AM >>FRANK REDDICK: Variance review.
11:07:13AM >> To grant the variance.
11:07:14AM Requested by the petitioner.
11:07:17AM >>FRANK REDDICK: Correct.
11:07:19AM >>MIKE SUAREZ: In relation to that, as a friendly amendment
11:07:22AM to it, that it is because of section 17.5-74, subsection A
11:07:29AM 1, that the hardship or practical difficulties are unique
11:07:33AM and singular respect to the property.
11:07:36AM >>FRANK REDDICK: That's what I was just looking at.
11:07:38AM [ Laughter ]
11:07:43AM >>HARRY COHEN: Before we vote, I just want to say for the
11:07:46AM record, I normally give very high scrutiny to issues where
11:07:52AM we are talking about expanding an existing sign.
11:07:56AM But this is clearly a very unique situation in which would
11:08:01AM essentially is happening, there's a taking by overturning
11:08:05AM the Variance Review Board, I think that we are doing the
11:08:08AM right thing in terms of equity and we are addressing a
11:08:14AM hardship that really can't be addressed in any other way.
11:08:20AM With that, vote on the motion, all those in favor, please
11:08:24AM indicate by saying aye.
11:08:28AM >> Thank you.
11:08:29AM >>THE CLERK: Motion carried with Capin, Miranda and Mulhern
11:08:32AM being absent at vote.
11:08:35AM >> Thank you.
11:08:40AM >>HARRY COHEN: Next item, our last of the day is item number
11:08:43AM 51, which is also a review petition.
11:08:47AM We are -- is this public hearing open already, Mr. Shelby?
11:08:52AM Thank you.
11:08:52AM Is there anyone in the audience that needs to be sworn who's
11:08:55AM going to speak on this item that has not been?
11:09:02AM [Oath administered by Clerk]
11:09:11AM >> Eric Cotton, Land Development Corporation, VRB 13-4, for
11:09:16AM property 100 west Davis Boulevard.
11:09:18AM The applicant Martha Shelpey is not here.
11:09:21AM She sent an e-mail this morning.
11:09:23AM Copy submit to the record.
11:09:24AM Asking for continuance to April 5th, which is a Friday.
11:09:27AM So, Mr. Pressman is representing her.
11:09:33AM She would like April 4th.
11:09:35AM Mr. Pressman would like April 18th.
11:09:37AM So I'll let him ask.
11:09:41AM >> I do want to say that Martha is really quite ill.
11:09:44AM I've been communicating with her the last couple days.
11:09:46AM She wasn't even well enough to meet.
11:09:49AM So I apologize to the citizens who came down here today.
11:09:52AM I'll be happy to speak with them.
11:09:54AM Sorry to inconvenience anyone.
11:09:56AM But we would request continuance to April 4th.
11:09:59AM >>HARRY COHEN: Before we entertain that, I think we should
11:10:01AM ask if anyone wants to speak just on the continuance itself?
11:10:06AM Mr. Shelby?
11:10:07AM >>MARTIN SHELBY: Before hand, Mr. Chairman, just to remind
11:10:10AM Council, I see there are only four Councilmembers present.
11:10:12AM There is an additional rule with regards to quasi-judicial
11:10:14AM hearings, that if only four members of Council are available
11:10:17AM to take the action, that any petitioner shall have the right
11:10:19AM to continue the matter until there's a larger number on the
11:10:25AM >>HARRY COHEN: If we go about that way, then the public does
11:10:28AM not have an opportunity to comment on the matter.
11:10:33AM >>MARTIN SHELBY: They can comment.
11:10:36AM >>HARRY COHEN: Since people are here, we'll go ahead and let
11:10:39AM them do that.
11:10:39AM I see no one in the audience that wants to address us on
11:10:44AM that matter.
11:10:45AM So I will entertain a motion to continue this matter.
11:10:48AM >> Move to continue to April 4th.
11:10:51AM >> Second.
11:10:54AM >>LISA MONTELIONE: I'm sorry.
11:10:55AM At 10:30 a.m.
11:10:57AM >>HARRY COHEN: We have a motion from Councilwoman
11:10:59AM Montelione, seconded by Councilmember Reddick.
11:11:01AM All those in favor, please indicate by saying aye.
11:11:04AM All right.
11:11:05AM So we will hear that on April 4th.
11:11:07AM New business from Councilmembers?
11:11:09AM Mr. Suarez?
11:11:12AM >>MIKE SUAREZ: Chair, I have a, one news item.
11:11:17AM Tomorrow at 9:00 a.m., over at the HART building, our HART
11:11:23AM board has voted based on my recommendation, to have a
11:11:27AM transit oriented development advisory committee.
11:11:30AM That will include members of the city, the county,
11:11:36AM developers and Realtors, to talk about those projects in
11:11:38AM which transit can be developed in relation to land use and
11:11:46AM how we can move the needle forward.
11:11:49AM We have had a lot of discussion about transportation over
11:11:51AM the last few months.
11:11:53AM This is one aspect of it that will hopefully move it
11:11:58AM forward, especially since our bus rapid transit system from
11:12:03AM north to south will be coming online later this year.
11:12:08AM >>HARRY COHEN: Councilwoman Montelione?
11:12:10AM >>LISA MONTELIONE: Does this -- I'm sorry, I have just a
11:12:13AM question and obviously because we're all Councilmembers and
11:12:17AM MPO board members, I can't ask you this outside of the
11:12:20AM public realm.
11:12:22AM Is that related to what the BOCC, the board of county
11:12:26AM commissioners discussed yesterday?
11:12:28AM This is separate committee?
11:12:30AM Because I just wanted to dispel any confusion, at least for
11:12:33AM my own.
11:12:34AM >>MIKE SUAREZ: I know you are a follower of the BOCC, as I
11:12:39AM And that their meeting has been reported that it's
11:12:42AM But if you read it, it's really a strategic plan for lots of
11:12:46AM things besides just transportation.
11:12:47AM This is specific to transit oriented development only.
11:12:51AM It's through HART.
11:12:52AM It includes all the planning agencies, the businesses that I
11:12:58AM mentioned, and also the city and our economic development
11:13:01AM folks, to figure out how you make TOD work in relation to
11:13:07AM So that's a completely separate thing than what BOCC is
11:13:11AM >>LISA MONTELIONE: Well, thank you for clarifying that.
11:13:16AM >>HARRY COHEN: I'll get to you in a moment on new business.
11:13:19AM >>LISA MONTELIONE: Okay.
11:13:19AM Well, I have questions.
11:13:21AM >>HARRY COHEN: Go ahead.
11:13:22AM >>LISA MONTELIONE: It's not my new business.
11:13:25AM It's his peeves new business.
11:13:27AM Is there something on HART's web site or is there, is there
11:13:34AM >>MIKE SUAREZ: It is a public hearing, it is on HART's web
11:13:38AM At go HART.org.
11:13:41AM And it is open to the public.
11:13:43AM It is a public noticed meeting.
11:13:46AM >>LISA MONTELIONE: Okay.
11:13:46AM Thank you.
11:13:47AM I wanted to share that with the public so they know where to
11:13:50AM go to get the information.
11:13:51AM Thank you.
11:13:53AM >>HARRY COHEN: Okay, Mr. Reddick?
11:13:55AM >>FRANK REDDICK: No new business.
11:13:57AM >>HARRY COHEN: Ms. Montelione?
11:13:59AM >>LISA MONTELIONE: Thank you, Mr. Chair.
11:14:00AM I have one item.
11:14:01AM That is to motion that Thomas Mantz, the executive director
11:14:04AM feeding America Tampa Bay be requested to appear before
11:14:07AM council April 25th at 9:00 a.m., to provide information on
11:14:12AM their operation and goals of feeding America Tampa Bay and
11:14:14AM the awareness of hunger in our community.
11:14:16AM >> Second.
11:14:17AM >>HARRY COHEN: Okay.
11:14:18AM We have a motion from Councilwoman Montelione, seconded by
11:14:20AM Councilmember Suarez.
11:14:21AM All those in favor, please indicate by saying aye.
11:14:26AM Motion to receive and file.
11:14:27AM >> So moved.
11:14:28AM >> Second.
11:14:29AM >>HARRY COHEN: Motion from Councilmember Reddick, second by
11:14:32AM Council Suarez.
11:14:33AM All those in fair, please indicate by saying aye.
11:14:34AM Opposed? All right. We are adjourned.
11:14:37AM Thank you.
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