Help & information    View the list of Transcripts


Workshop Session

Thursday, March 28, 2013


This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.

09:05:24 [Sounding gavel]

09:06:25 >>CHARLIE MIRANDA: City Council is called to order.

09:06:26 The chair yield to Mr. Mike Suarez.

09:06:28 >>MIKE SUAREZ: It's my pleasure to welcome back reverend

09:06:32 Tom Scott.

09:06:38 He's no stranger to this chamber.

09:06:41 He has served, of course, on Tampa City Council, was chair

09:06:45 at one point, was a county commissioner, is a pastor over at

09:06:50 34th street Baptist church, and he is going to lead us

09:06:54 in prayer today.

09:06:55 And please stand for that prayer and remain standing for the

09:06:58 pledge of allegiance.

09:06:59 >>THOMAS SCOTT: Thank you for the privilege of being able

09:07:07 to come back today to ask God's blessings upon our day, upon

09:07:12 your day, and your agenda.

09:07:14 And as, thank you for the work that you do.

09:07:19 You represent the city well, and there are a lot of issues

09:07:23 on your plate, so we thank you so very much for your time

09:07:26 and for your consideration as you consider issues so

09:07:30 important to this community.

09:07:31 So with that, again, let we are reminded of your word to

09:07:41 always acknowledge you and that you will give direction to

09:07:43 our path.

09:07:45 Today, we do say thank you for the blessings of this day.

09:07:51 Thank you for the rising of the sun, and yet even the going

09:07:55 down of the same.

09:07:57 Your name is worthy to be praised.

09:07:59 Today, we pause and reflect upon your grace and your

09:08:02 goodness unto us.

09:08:04 Indeed you have blessed us.

09:08:05 You have blessed this nation and this country.

09:08:07 And we thank you for what she stands for -- justice and

09:08:12 equality for all of its citizens.

09:08:14 So we pray now that you will bless not only our country but

09:08:18 those who lead -- our president, our Congress, those here,

09:08:23 we pray for our mayor, we pray for City Council today, ask

09:08:26 you to bless them and give them wisdom and insight as they

09:08:30 debate on issues before this council.

09:08:33 We pray for our county commission, for those in Tallahassee.

09:08:37 Today, we not only pray for these but we pray for those men

09:08:40 and women who are fighting in Afghanistan and around the

09:08:46 world for freedom and democracy, protect them and bring them

09:08:49 back home safely.

09:08:51 For those who protect us locally, our police persons and

09:08:56 sheriff, pray for them, protecting our lives day in and day

09:09:04 out.

09:09:04 We thank you as, in your name we pray.

09:09:09 Amen.

09:09:09 (Pledge of Allegiance)

09:09:36 >>CHARLIE MIRANDA: Roll call.

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

09:09:40 >>YVONNE CAPIN: Here.

09:09:42 >>HARRY COHEN: Here.

09:09:45 >>LISA MONTELIONE: Here.

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

09:09:54 We have item number 1, presentation, commendation for police

09:09:57 Officer of the Month.

09:10:02 And if you would like Chief Castor to start that process and

09:10:06 see what happens here.

09:10:08 We are honored to have you and the police Officer of the

09:10:09 Month here.

09:10:10 >> Chief Castor: Good morning, council.

09:10:17 Officers are shy.

09:10:21 It's my honor and privilege to bring Tampa's best and

09:10:23 brightest before you.

09:10:26 This month, we are very, very happy to honor Corporal Connie

09:10:30 McCoy.

09:10:31 She took over -- as you know, we always look in the police

09:10:35 department for better ways to keep our city safe, and we

09:10:41 sometime back merged our gang and firearms unit.

09:10:44 And Connie is one of the supervisors there, and she has done

09:10:48 an outstanding job.

09:10:49 Not only does she take on the administrative

09:10:52 responsibilities of overseeing the other individuals working

09:10:54 in that group, but she's also involved in the day-to-day

09:10:59 operational aspects of that.

09:11:02 And she has outstanding relationships out in the community,

09:11:06 and within the Tampa Police Department as well.

09:11:09 Not only does she get information of what's going on in the

09:11:13 street, she's able to communicate that with our homicide

09:11:16 unit and all of the other officers out on the patrol in

09:11:22 order to keep them safe.

09:11:23 I will just recognize -- if we recognize all of the

09:11:28 wonderful things she did we will be here till the sun went

09:11:31 down but I will just talk about two of the initiatives she

09:11:33 was involved in.

09:11:34 Recently during the MLK parade, she got information that

09:11:37 there was going to be some gang violence associated with

09:11:40 that, not only with the parade here in Tampa but within

09:11:43 St. Petersburg as well.

09:11:44 She contacted the St. Pete police department, gave them

09:11:47 information, and then coordinated our response here with the

09:11:52 multi-agency gang task force, which is a group of gang unit

09:11:59 members from throughout several counties.

09:12:02 So she coordinated that, responded down here, found one of

09:12:06 the individuals along the parade route that was going to

09:12:09 disrupt the parade here in Tampa, placed that individual

09:12:12 under arrest, and from the information that she was able to

09:12:15 relay over to St. Petersburg police department, they

09:12:17 arrested an individual over there that had a firearm on him

09:12:22 and over 50 rounds of ammunition that he planned on using at

09:12:25 their parade in St. Petersburg.

09:12:28 And both of these individuals had been involved in other

09:12:31 criminal activity in both Tampa and St. Petersburg.

09:12:34 So based on her actions we were able to keep both of those

09:12:40 parades safe and able to celebrate the cause of those

09:12:44 parades and not have any violence that marred those parades

09:12:48 or those events.

09:12:50 Also, as you may recall, we had a couple of incidents where

09:12:55 individuals were shot and unfortunately killed in relation

09:12:59 to gang activity here some months back.

09:13:02 Connie was out there on the street, was able to get

09:13:05 information that allowed homicide units to hone in on

09:13:09 suspects and to bring those individuals to justice.

09:13:13 But more importantly, what she did was to go out there on

09:13:17 the street to talk to individuals, to get information that

09:13:23 prevented, to garner information, prevented any further

09:13:28 violence.

09:13:28 So what you see in the head alliance lines every day are the

09:13:32 results of those shootings.

09:13:33 What you don't see is what Connie and the gang unit and the

09:13:37 firearm unit and all the men and women of the Tampa Police

09:13:39 Department do, and that is allow individuals to be safe and

09:13:43 sound at the end of the day and so I can't mention all the

09:13:51 great things that coin has done without mentioning her

09:13:55 partner, trey Miller and the rest of the gang in firearm

09:13:59 unit, which is back here what she does, and because of her

09:14:06 actions we have minimal gang violence here in the City of

09:14:08 Tampa, and they work hard every day to ensure that.

09:14:12 And I couldn't be prouder of everything that they do on a

09:14:14 day-to-day basis.

09:14:16 So it is certainly my honor to name detective Connie McCoy

09:14:21 as the Officer of the Month.

09:14:23 Congratulations.

09:14:23 [ Applause ]

09:14:24 >> We would like to present you this commendation for being

09:14:42 chosen as the Tampa Police Department police Officer of the

09:14:44 Month for the month of March.

09:14:47 Congratulations.

09:14:49 And officer Connie McCoy.

09:14:56 [ Applause ]

09:15:22 >> Frank DeSoto with Bill Currie Ford.

09:15:26 On behalf of the dealership and the Cury family we would

09:15:29 certainly like to congratulate you on a job well done and

09:15:32 present you with this watch as a token of our appreciation.

09:15:39 [ Applause ]

09:15:44 >> Jill Latecki with Tampa Theater.

09:15:52 Corporal McCoy, on behalf of the theater, I would like to

09:15:53 present you with an annual membership and tickets to our new

09:15:56 family favorite series.

09:15:59 >> Steve Stickley representing Stepp's Towing Service.

09:16:06 On behalf of Jim and Judy and Todd Stepp, we would like to

09:16:10 present this token of our appreciation to you for a job very

09:16:13 well done.

09:16:14 And we also have a gift certificate to Lee Roy Selmon's.

09:16:22 >> Joe Derkin, on behalf of all of us at Bright House

09:16:28 networks.

09:16:32 Very proud of you.

09:16:33 I present you with one month's services at Bright House.

09:16:37 Congratulations.

09:16:48 >> And I'm with Island Flowers, and it's my pleasure to

09:16:53 present you with a dozen long stemmed roses.

09:16:55 >>STEVE MICHELINI: Loaded up there.

09:17:04 Want some more stuff?

09:17:06 Okay, I'll take it back.

09:17:17 There's not enough for all of these to go to Bern's.

09:17:20 There's enough for you to go to Bern's.

09:17:22 Will you take that?

09:17:27 We are going to have some portraits taken of you. Anyway, a

09:17:34 gift certificate so you can have your portrait done, you and

09:17:37 your family.

09:17:38 And also a gift certificate from David laxer from Bern's

09:17:42 steakhouse.

09:17:44 [ Applause ]

09:17:49 >> Good morning.

09:17:52 I want to say thank you, council members, as well as for

09:18:00 believing in me.

09:18:01 He did give me the opportunity to do my job.

09:18:06 I still feel like I'm a rookie, that people let me get out

09:18:10 there and do everything I need to.

09:18:13 Thanks, chief.

09:18:14 And most of all thanks to my squad.

09:18:17 They are awesome.

09:18:20 [ Applause ]

09:18:22 And I want to thank everybody for the wonderful gifts.

09:18:25 And Dirken is the one that told me to be a mad dog.

09:18:33 He I want to say thank you to everyone.

09:18:36 Thank you.

09:18:37 [ Applause ]

09:18:38 >> They have been.

09:18:47 We are very appreciative of the work that you do and the

09:18:50 work that the men and women of our police department does in

09:18:56 the city.

09:18:57 Thank you very much.

09:19:15 >> Item number 2 is Hart, recognizing Rosa parks.

09:19:23 A matter that should have been done some time ago.

09:19:36 >>MIKE SUAREZ: I guess we'll wait for a few people to

09:19:40 leave.

09:19:40 Chair, it's my pleasure to introduce the folks from Hart.

09:19:46 There are two things that we are going to do.

09:19:48 I am going introduce part of it, and our colleague Mr.

09:19:51 Reddick is going to introduce the other part.

09:19:58 Hart was awarded from the American transportation

09:20:01 association an award specifically for the advertisement.

09:20:06 It started on a bus, and featured a picture of Rosa parks

09:20:10 who is famous for essentially launching the Birmingham bus

09:20:15 boycott in 1954.

09:20:16 Her effort and the efforts of Dr. Martin Luther King and

09:20:21 others essentially started the modern civil rights movement,

09:20:34 and I was accepted to -- asked to accept on their behalf.

09:20:38 It was a great campaign, and Hart has been working very

09:20:42 diligently to make sure that the folks that we serve on our

09:20:45 bus system are recognized for their contribution both to our

09:20:49 community and to the city, and I am going to hand this off

09:20:55 to our colleague Mr. Reddick to talk about another effort

09:20:58 that Hart was involved with, with Tampa Police Department,

09:21:02 concerning Hart.

09:21:10 >>FRANK REDDICK: Hart also has the advertisement of police

09:21:19 officers in the City of Tampa, and the purpose of doing that

09:21:22 is they have the stop the violence campaign.

09:21:24 As many of you know, we have had a significant increase in

09:21:28 some areas of town of people with shooting, and it's

09:21:32 unfortunate that most of these people that are doing the

09:21:34 shooting are young folks, and we want to try to put a dent

09:21:39 into that.

09:21:40 And in order to do it, we need to publicize, and Hart is

09:21:45 playing a significant role, so we congratulate them for

09:21:48 being a part of this campaign and partly with the City of

09:21:50 Tampa to stop the T violence in our community.

09:21:53 >> On behalf of Hart I appreciate the honor but wouldn't be

09:22:07 able to do it without our staff, and most importantly Carla

09:22:21 Williams, I'll be up front with you, she's the one that

09:22:24 carries the ball and made all this happen relative to both

09:22:27 awards.

09:22:28 It's a big team effort.

09:22:30 So I stand up here only because I have got a lot of good

09:22:34 people behind me.

09:22:36 Thank you.

09:22:36 >> Chief Castor: We want to thank Hart as well for all the

09:23:10 assistance in the 25th annual celebration.

09:23:17 Hart, when we asked if they would participate in this and

09:23:20 advertise for us, they were more than a willing partner.

09:23:23 And they put helped celebrate the involvement of

09:23:37 African-Americans in the City of Tampa and they really did

09:23:39 an outstanding job going above and beyond that, they agreed

09:23:43 to continue, as Councilman Reddick alluded to, is to promote

09:23:48 the "stop the violence" campaign, and I think they put up

09:23:54 over 140 some posters in the Hartline buses encouraging

09:23:59 individuals to call if they had information and ways that

09:24:04 they could prevent violence in the community.

09:24:06 So I thank Councilman Suarez and Reddick for their

09:24:09 recognition of Hart.

09:24:12 And on behalf of the black history celebration committee,

09:24:15 the Tampa Police Department and other city employees, I want

09:24:18 to thank them as well for being a great partner to the Tampa

09:24:21 Police Department.

09:24:23 And we have just a tiny wallet sized photo for them to keep.

09:24:30 [ Laughter ]

09:24:41 This is indicative of the posters they put in the buses.

09:24:45 It's very, very nice.

09:24:46 Thank you.

09:24:47 [ Applause ]

09:24:48 >>CHARLIE MIRANDA: Thank you very much.

09:25:14 Item number 3 will be a presentation, commendation by

09:25:17 council member Lisa Montelione to a great volunteer.

09:25:21 >>LISA MONTELIONE: Today we are honoring 16-year-old

09:25:33 Nicholas Mabileau, a national award, by the president's

09:25:44 council on service participation.

09:25:45 Nic has several credits, to put it mildly, to go along with

09:25:53 his outstanding academic career at king high school.

09:25:56 He has over 200 hours volunteering for various

09:25:59 organizations.

09:26:00 Summer camp counselor, certified lifeguard is one.

09:26:04 American cancer center relay for life is another.

09:26:07 Organizing a Riverwalk clean-up.

09:26:10 And counselor at the Temple Terrace recreation center during

09:26:14 spring break.

09:26:15 As Chief Castor said, if I were to say everything we would

09:26:19 be here till midnight.

09:26:21 At king high school, he's an advanced placement scholar, a

09:26:26 swimmer, a wrestler and a state championship in motor cross,

09:26:31 so he's a risk taker as well.

09:26:33 Nicco is joined by his mother Nida, a City of Tampa

09:26:43 transportation engineer and has been with the city for 17

09:26:47 years.

09:26:48 He wants to attend Florida State or Stanford university with

09:26:51 a goal of becoming an orthopedic surgeon.

09:26:57 I feel so, so inadequate standing next to someone who has

09:27:01 achieved so much only at 16.

09:27:03 On this Thursday, March 28th, Tampa City Council

09:27:09 presents to you this little token of our admiration.

09:27:12 And it's just really a tremendous credit to receive a

09:27:16 presidential award.

09:27:18 That is so special.

09:27:20 So take this in honor of that achievement.

09:27:25 And please tell us how you were able to achieve so much.

09:27:30 >> First thanks for recognizing me.

09:27:33 And I just like to give back to the community and the bright

09:27:37 futures for others in the community.

09:27:39 I really enjoy volunteering with children at the local youth

09:27:45 program, and the time they enjoy.

09:27:54 [ Applause ]

09:27:56 >>LISA MONTELIONE: Thank you.

09:28:09 Wow, look at that.

09:28:11 I think the chances for us to get a pin like that are

09:28:14 probably past.

09:28:17 But my son graduated from king as well.

09:28:22 >>CHARLIE MIRANDA: Thank you very much, Mrs. Montelione.

09:28:24 We appreciate very much for what you have done, young man,

09:28:27 and your future certainly looks bright, and I hope you

09:28:31 attend Florida State.

09:28:32 Easier on your mother's wallet.

09:28:36 Ms. Capin?

09:28:38 >>YVONNE CAPIN: I would like to tell you that with young

09:28:40 people like yourself, our future is very bright.

09:28:43 Thank you.

09:28:49 >>CHARLIE MIRANDA: We go now to item number 4.

09:28:51 And a presentation on behalf of Tampa Bay estuary program.

09:28:57 I know there's five minutes but we are extending it a couple

09:29:00 of minutes.

09:29:01 It's very important.

09:29:01 >> I can talk fast.

09:29:03 Thank you very much for having me here.

09:29:04 My name is Ninette O'Hara, outreach coordinator for the

09:29:10 Tampa Bay estuary program, here today to give you an update

09:29:12 on what we are doing to support your residential fertilizer

09:29:17 ordinance through an education campaign we call "be

09:29:20 Floridian."

09:29:21 And I have a PowerPoint.

09:29:39 Just as a reminder, you adopted an ordinance two years ago

09:29:42 that was based on our model ordinance that is unusual in

09:29:47 that it restrict not just use of nitrogen fertilizer but

09:29:50 also the sales of those products at retail stores in the

09:29:53 city.

09:29:54 So the basics are no nitrogen on our lawn sold in the summer

09:30:00 and a requirement that slow release nitrogen fertilizer be

09:30:04 sold the rest of the year and this applies not just to

09:30:07 homeowners but also to lawn care professionals, and to

09:30:11 retail stores.

09:30:13 You and Pinellas County have the strongest urban fertilizer

09:30:16 ordinances in the State of Florida.

09:30:17 Thank you.

09:30:18 And you are going to see it's making a difference.

09:30:22 The potential benefits to you as taxpayers of the City of

09:30:25 Tampa, potential nitrogen reduction of eight times per year,

09:30:30 and potential cost reduction about $56 million a year, based

09:30:35 on DEP's estimates of our costs of about $3500 a pound for

09:30:42 nitrogen removal.

09:30:43 And our campaign basics, the key message of be Floridian is

09:30:49 to skip the fertilizer in the summer to protect our water

09:30:56 based recreation that all of us enjoy and that is so central

09:30:59 to life here in the Tampa Bay area, and the submessage is

09:31:03 really, design your yard for the place you live now, which

09:31:07 is a recognition that two-thirds of the people who live in

09:31:10 the Tampa Bay area just moved here in the last 25 years, and

09:31:15 may not realize that really gardening and landscaping is a

09:31:18 little different here, and we need to do things differently

09:31:20 to protect the natural resources that matter so much to us.

09:31:26 Over the last two years, these are some of the products we

09:31:31 have been able to bring to Tampa.

09:31:34 Bus wraps.

09:31:35 Thank you, Councilwoman Mulhern, for helping us with this

09:31:39 last year.

09:31:40 Two Hart buses were custom wrapped last year.

09:31:43 Billboards, we had two in the city last year, again with our

09:31:46 message.

09:31:47 Relax.

09:31:48 That's the more responsible thing to do than fertilize.

09:31:51 And print ads with a free day off yard work coupon, if you

09:31:57 don't fertilize your yard in the summer, you get to take a

09:32:00 day off yard work.

09:32:01 Very popular with the husband.

09:32:03 And digital ads which prove to be phenomenonally successful

09:32:07 for us.

09:32:08 So we are really putting the bulk of the money we have

09:32:10 available this year into those.

09:32:13 70% of the visitors to our Web site last year came from

09:32:17 Facebook ads.

09:32:18 So despite what you heard about Facebook ads not working,

09:32:21 they sure did for us.

09:32:22 So we are back at it again this year.

09:32:24 We also had ads on Google, Bing, the "Tampa Bay Times," and

09:32:29 Bay News 9.

09:32:31 And retail stores.

09:32:33 We know that there's a big change in the way retail stores

09:32:36 do business.

09:32:37 So we wanted to make this a very positive and proactive

09:32:40 experience, and we provided a lot of materials to the stores

09:32:43 to help educate their customers about the ordinance and why

09:32:47 it's important, including the stand-up cardboard flamingo

09:32:53 card holders as well as tear-off sheets, buttons and other

09:32:59 products.

09:32:59 We have a Web site that has been very, very

09:33:03 popular.

09:33:04 And we had this year focused on a pledge to get people to

09:33:08 move simply beyond awareness of the message to making a

09:33:11 commitment, not to use fertilizer in the summer, and that

09:33:16 pledge is available when we go out to community events as

09:33:18 well as online through our Web site, our Facebook page, and

09:33:22 through smart phones.

09:33:23 And we are giving prizes every two to three weeks including

09:33:27 some plastic pink yard flamingos.

09:33:31 That is our mascot, the plastic yard flamingo.

09:33:34 People say why did you choose that since they aren't native

09:33:38 to Florida?

09:33:38 But the plastic flamingo certainly is.

09:33:43 [ Laughter ]

09:33:44 And we are making this a fun, positive campaign that people

09:33:49 can identify with, and the flamingo is very popular.

09:33:52 And this is an example of our pledge.

09:33:55 You can choose to do one of four things.

09:33:57 Fishing, boating, dining by the water or going to the beach

09:34:00 instead of fertilizing your yard.

09:34:03 When you take the pledge you are entered for prizes.

09:34:06 We have products for children through coloring books.

09:34:09 We have our community outreach, which is very active this

09:34:12 year.

09:34:15 We were at greenfest last weekend.

09:34:18 And we go to a lot of events with our flock of plastic pink

09:34:24 flamingos.

09:34:25 And the good news for Tampa Bay, this year, we just got our

09:34:29 sea grass acreage results from the water management district

09:34:32 and we showed again of about 5%.

09:34:34 This is the fourth assessment in a row where we regained sea

09:34:38 grasses in Tampa Bay.

09:34:39 We are at 93% of our recovery goal.

09:34:42 This means in our lifetime, we may very well get there.

09:34:47 This is big news.

09:34:49 And we are very pleased to report this.

09:34:51 And we also had a green light across the board for water

09:34:55 quality in Tampa Bay last year.

09:34:57 All the segments meeting water quality targets.

09:35:00 So I want to thank you on behalf of the estuary program and

09:35:03 all our partners for everything you are doing to help us,

09:35:07 and particularly for passing this very strong ordinance.

09:35:10 We are certainly pleased to be your partners.

09:35:12 And I will be glad to answer any questions.

09:35:15 >>CHARLIE MIRANDA: Any questions by council members?

09:35:19 >>MARY MULHERN: I just want to say thank you for coming in

09:35:21 and reporting this.

09:35:22 And there have been stories all in the last couple weeks in

09:35:26 the newspapers about our Tampa Bay water quality revival,

09:35:32 and it is very much due to the estuary boards, and the Tampa

09:35:37 Bay estuary board is one of three on our coastline, and it

09:35:43 is probably the strong effort.

09:35:45 And they have worked so hard on this.

09:35:47 And the great thing about this campaign is other than the

09:35:50 little marketing, and of course e-mail -- Internet marketing

09:35:55 is the cheapest kind of ad you can do.

09:35:58 There is no cost to any of this.

09:36:00 There's no government cost to this.

09:36:02 And I just can't say enough great things about it.

09:36:06 And I have got these graphs.

09:36:09 I am going to bring them at the next meeting and show how

09:36:12 much the water quality, every measurement of our water

09:36:19 quality has improved, and it's very inspiring, and we are a

09:36:23 leader in that in Tampa Bay and we want to keep that up and

09:36:28 encourage Hillsborough County to follow Tampa and Pinellas

09:36:31 County in having a stronger ordinance.

09:36:41 >>YVONNE CAPIN: I also want to thank you.

09:36:42 When we passed this ordinance, we knew it was the right

09:36:44 thing to do and it's always great to have someone come in

09:36:47 and say, yes, it was the right thing to do.

09:36:49 But I want to thank Mrs. Mulhern for her leadership, and

09:36:56 your great work on making all these things possible.

09:37:01 I'm so proud of our city right now.

09:37:04 Thank you.

09:37:04 >> I'm a resident of Tampa.

09:37:06 I'm very proud.

09:37:07 Thank you.

09:37:08 >>CHARLIE MIRANDA: We go to item 5 and then we go to the

09:37:10 public sector for any comments 1 through 5.

09:37:13 We have Sonya Little, chief financial officer for the city.

09:37:18 >>SONYA LITTLE: Good morning, council members.

09:37:22 Thank you for allowing me the opportunity to come before you

09:37:25 to present fiscal year 2012 the comprehensive financial

09:37:31 report for the City of Tampa.

09:37:34 Pursuant to Florida statute, we are annually required to

09:37:39 prepare what we call the comprehensive annual financial

09:37:43 report, and submit to the State of Florida in accordance

09:37:48 with generally accepted accounting principles and also in

09:37:56 accordance with the auditor's general rules.

09:38:01 The department requires all financial transactions within

09:38:07 the city.

09:38:07 We have hundreds of thousands of transactions that are

09:38:10 actually processed through the department on an annual

09:38:12 basis.

09:38:14 And it's our responsibility to account for and summarize in

09:38:19 the CAFR each of those transactions in generally accepted

09:38:27 accounting practices.

09:38:30 Once again, the city has received an unqualified opinion,

09:38:33 and I always have to preface that by saying when you say

09:38:38 unqualified that seemingly is a bad thing, but in this case

09:38:41 it's a very good thing.

09:38:43 It merely means that our external auditors, our independent

09:38:47 auditors, which we are required to engage under Florida

09:38:51 statute, have provided us with this unqualified opinion, and

09:38:56 it means that our financial statements give a true and fair

09:39:00 view of the financial transactions that actually occur

09:39:04 within the city for the fiscal year 2012.

09:39:09 For the second consecutive year, we have used the accounting

09:39:12 firm -- and began our fiscal year ending 2012, the end of

09:39:22 last year, roughly December or so, and it's been a very

09:39:27 long, hard process, but we finally got there.

09:39:32 Provided to you is the final printed copy of this year's

09:39:37 CAFR.

09:39:38 During the process we provided you with a draft of this

09:39:41 document because the audit process was not completed until

09:39:43 yesterday.

09:39:46 Our practice includes initial meetings with the external

09:39:50 auditors.

09:39:53 Several of their representatives from curl Horowitz along

09:39:58 with revenue and finance staff, and the chair for revenue

09:40:02 and finance Councilman Harry Cohen also in attendance, our

09:40:06 legal representation from the city's attorney's office Sal

09:40:12 Territo as well.

09:40:14 That occurred in January of this year, and since that time

09:40:17 we have been working very closely with the auditors to

09:40:20 finalize the CAFR.

09:40:23 One of the things that I would like to point out just so you

09:40:25 will know that the document that we provided to you was

09:40:28 substantially final but does not have a few pieces, and I

09:40:33 will identify what those pieces are so you know the

09:40:36 difference of what you have already reviewed to what was put

09:40:39 in front of you today as a final document.

09:40:42 One of the things that occurred in the week since we

09:40:45 provided the draft is we did make an adjustment and expenses

09:40:50 in government-wide statement.

09:40:52 Those expenses, our auditors recommended that we report

09:40:58 differently that we had health insurance claims, they

09:41:03 require that we approve health insurance claims, so that

09:41:05 increased the line item by $3 million.

09:41:08 In essence that was the only difference in the draft, in the

09:41:11 final, any material difference.

09:41:14 What is also included, and very important to us, because it

09:41:18 really governs the way that we do business moving forward,

09:41:23 is the auditor's management letter.

09:41:25 In the management letter, in addition to talking about or

09:41:30 opining that we have followed generally accepted accounting

09:41:34 principles, it provides certain findings, and these

09:41:37 findings, I look at it as a tool in which that we can

09:41:42 improve ourselves moving forward in future fiscal years and

09:41:46 preparing the CAFR.

09:41:49 And in the management letter, I would like to point out and

09:41:52 highlight a couple of the findings.

09:41:53 To start with, the findings are categorized in three major

09:42:00 categories -- material weakness which indicates a reasonable

09:42:06 possibility that a material misstatement could occur, a

09:42:11 significant deficiency which indicates a less severe

09:42:15 weakness, but it still merits attention, and then finally

09:42:19 the lesser of the three evils, I call them, deficiency.

09:42:23 It's a control that management should implement in order to

09:42:30 prevent or detect misstatements on a timely basis.

09:42:34 So the final one has to do with timeliness.

09:42:38 And, if I could, for just a brief moment, we did receive a

09:42:47 few material weaknesses.

09:42:50 In particular, it had to do with our financial statement

09:42:53 close process.

09:42:54 And I mentioned the hundreds of thousands of transactions

09:42:57 that we do in any given fiscal year.

09:43:00 All of those transactions are dumped into a financial

09:43:03 system, if you will, that really tracks and records

09:43:06 everything that we do.

09:43:08 We are talking literally hundreds of thousands of

09:43:12 transactions that are done in an annual basis.

09:43:16 We need to improve with what we have -- and this is an

09:43:23 ongoing concern for the city, it's an ongoing challenge for

09:43:27 the city in working with the antiquated financial systems

09:43:30 that we do have, and it requires us to implement several

09:43:36 manual processes to transfer all of those transactions

09:43:41 through several steps to end up in this summary that's put

09:43:45 before you, the CAFR.

09:43:48 We have on an ongoing basis tried to improve the internal

09:43:52 controls.

09:43:53 Our auditors continue to give us recommendations on how we

09:43:56 can do that.

09:43:57 But as we proceed into the implementation of our ERP system,

09:44:02 it will alleviate a lot of the concerns as far as the

09:44:06 internal controls due to the requirement that we process

09:44:12 many transactions on an annual basis.

09:44:15 So I hope to report to you differently next year, after

09:44:17 implementation of ERP.

09:44:22 One of the other findings that was included in the

09:44:24 management report was related to alternative investments.

09:44:28 And I want to point out, an auditor was very clear in the

09:44:32 explanation when they sat down with us yesterday along with

09:44:35 Councilman Cohen to go over and detail the findings related

09:44:39 to the report.

09:44:40 One of the things that they were very, very specific in

09:44:44 relaying to us is that this is a big topic.

09:44:46 It's something that the state board of administration has

09:44:49 been doing for many, many years, and also the Florida

09:44:53 retirement system as it relates to alternative investment.

09:44:56 I want to be clear that the alternative investments are

09:45:00 allowable investments, but the concerns about a reporting

09:45:05 perspective is as it relates to value of certain investments

09:45:08 that are not publicly traded, or that the value is not

09:45:11 readily available to the public.

09:45:14 For instance, real estate in many cases.

09:45:19 The auditors across the state, probably across the country,

09:45:24 are recommending to all of their clients that additional due

09:45:27 diligence be conducted when we do have such investments.

09:45:31 One of the things that was recommended is that we obtain

09:45:34 financial statements as an option, or certain forms to

09:45:39 validate or verify the evaluation on September 30th of

09:45:44 every fiscal year, because the city is required and

09:45:49 responsible for reporting accurate information in the

09:45:52 financial statements.

09:45:54 And we have begun to develop internal policies and

09:45:58 methodologies in which we can obtain the additional

09:46:01 documentation.

09:46:11 There was also a finding as relates to the -- I want to be

09:46:15 clear that had had nothing to do with moving money in and

09:46:19 out of the CRA fund.

09:46:22 It had to do how we report it within the CRA fund.

09:46:26 The CRA had accumulated interest earnings in which we

09:46:30 reported as interest earnings in fiscal year 2012.

09:46:35 The auditor suggested and recommended, and wisely so, that

09:46:39 it should have been reported as a transfer in from one

09:46:42 account to another account within the CRA fund, but again

09:46:46 just wanted to highlight that particular finding so that

09:46:48 everyone understands that it was not moving from outside of

09:46:51 the CRA fund but was in the CRA fund.

09:46:54 And us coming in to compliance with how interest earnings

09:46:58 should be reported.

09:47:03 Another finding that we received had to do with the city's

09:47:07 golf courses.

09:47:09 Historically, the management company of the golf courses --

09:47:17 excuse me, historically the city had always reported the

09:47:20 golf courses as part of its financial statements.

09:47:23 In 2011, the management company also reported the access of

09:47:29 the golf courses in its own financial statement.

09:47:32 So the bottom line result is that the assets were

09:47:37 overstated.

09:47:38 This is something that the city discovered prior to the

09:47:40 audit process.

09:47:41 It was something that in our normal course of business that

09:47:44 we did discover, and in making the correction it was shown

09:47:50 as a finding because it did occur.

09:47:54 However, I also want to be clear on this, because it had

09:47:59 nothing to do with money, it was how assets were stated.

09:48:03 No assets were sold so it had no impact whatsoever on the

09:48:07 cash as relates to golf courses.

09:48:12 And then finally, we all know that there were certain issues

09:48:16 related to an overpayment in our pension fund; obviously

09:48:21 that is included as one of the internal controls that we are

09:48:24 addressing and also included as a finding in this report.

09:48:31 Bottom line is, we take these findings as an opportunity to

09:48:34 improve the way that we report moving forward.

09:48:39 Our external auditors, we believe, did a very comprehensive

09:48:43 review of our reporting for fiscal year 2012.

09:48:47 Our staff has been very diligent in assuring that everything

09:48:52 that goes on here in the city, from a financial perspective,

09:48:57 has in some way been captured in the report as required by

09:49:00 accounting principles.

09:49:03 And the bottom line is our city is financially sound.

09:49:08 In 2012, when we were preparing the budget for 2012, we all

09:49:12 talk about fund balance.

09:49:15 We thought that we would be 27% of expenditures.

09:49:19 And after all is said and done and it's included in this

09:49:22 report, we end fiscal year 2012 at 26% of expenditures with

09:49:28 our threshold being 20%, our internal policy.

09:49:31 So again, I do want to point out that the city is

09:49:34 financially sound.

09:49:38 As it relates to our debt, our coverage levels, beyond what

09:49:42 the minimum requirements are of reserves, beyond what our

09:49:46 internal policies are, and we are moving forward.

09:49:51 Mr. Chair, if I may take just a quick moment.

09:49:55 We had a lot of people in our accounting department that

09:49:59 spent countless hours in developing this.

09:50:03 It's no easy task by any means.

09:50:06 If I could take a brief moment and recognize a few of them.

09:50:09 If you will stand.

09:50:14 We have our chief accountant Lee, who leads the team

09:50:19 fearlessly.

09:50:20 And if I could just also point out that this year was

09:50:25 particularly challenging because this whole team has been

09:50:28 pulled over to work with the county in our partnership for

09:50:33 implementing the ERP system.

09:50:35 So in addition to creating this massive document and all the

09:50:39 information herein, they were also spread very thin in

09:50:43 keeping up with their daily activities, all the processing

09:50:47 and reporting that I mentioned, and working on ERP, and

09:50:51 working with the external auditors to create this document.

09:50:55 So, also we have accounting operations manager Sabrina

09:50:59 Macadoo, miss Lee, miss Lori Simmons, and miss Pamela

09:51:11 McCarty.

09:51:12 And they and their teams, we have a whole slew of other

09:51:16 folks working behind the scenes that work extremely hard to

09:51:19 prepare and deliver by the skin of our teeth but on time

09:51:24 this document.

09:51:27 And one last thing, if I may, also.

09:51:29 Councilman Cohen has been very instrumental in helping us

09:51:33 through this process, asked a lot of very good questions of

09:51:38 us, even made some recommendations on how we could improve.

09:51:42 So I want to thank you, Councilman Cohen, for all of your

09:51:46 input and efforts related to getting this done.

09:51:50 >>CHARLIE MIRANDA: Thank you very much.

09:51:51 Mrs. Montelione.

09:51:52 And then we'll go to Mr. Suarez.

09:51:54 >>LISA MONTELIONE: First with the team behind you, I want

09:51:56 to say that you are a fine example of government employees

09:52:02 that are not usually recognized and are unsung heroes of

09:52:08 this government.

09:52:11 It's just a tribute to all of you, what Mrs. Little just

09:52:17 said about the amount of work that you have been able to get

09:52:19 done, and the time that you put in.

09:52:21 I think that you are very rarely recognized individuals, and

09:52:26 a key to our city running as smoothly and as efficiently as

09:52:31 it does.

09:52:31 So thank you very much for the work that you do.

09:52:37 Mrs. Little, really the only question that I have, because

09:52:39 you did address, which I have to commend you, not many

09:52:43 people would address the deficiencies in the detail that you

09:52:47 just did, so I am not going to go into all of those

09:52:51 questions because you addressed the ones that I had.

09:52:54 But you talk about a time line for implementing some of the

09:52:59 changes that were suggested, because in reviewing the tables

09:53:03 that are provided in the report for recommendation, some of

09:53:07 them have already been implemented, but there are a few that

09:53:10 have not been.

09:53:11 So can you talk a little bit about when they will be, and

09:53:16 the time line and the process for implementing those

09:53:19 changes?

09:53:22 >>SONYA LITTLE: Absolutely.

09:53:24 I talked a little about the alternative investment.

09:53:25 This is something that is new this year, because prior to

09:53:28 this year, it was not.

09:53:29 We didn't have any investments that was under that category.

09:53:34 So there will be a process, and we have already developed a

09:53:37 plan.

09:53:39 The issue there is this really relates to investments in the

09:53:43 pension fund which are independent of the city.

09:53:47 The city is the sponsor, but the pension board is

09:53:50 responsible for assuring that investments are in line with

09:53:57 respective pension policy.

09:53:58 So from a reporting perspective, we have discussed quite

09:54:04 extensively with our internal auditors, because of our

09:54:06 limitations, or lack of any ability to direct the pension

09:54:13 fund as far as how they invest.

09:54:15 But we developed with the auditors, in our discussions

09:54:20 yesterday, because this is new for us, how we can approach

09:54:24 it.

09:54:24 Some of the ideas that we have is working with the pension

09:54:27 funds, and to develop a recording practice.

09:54:31 We believe it's something that is already being done.

09:54:33 We just need to formalize it.

09:54:36 That's one example.

09:54:37 The others that are carry over year after year after year as

09:54:42 it relates to internal controls, we continue to what I call

09:54:51 plug the hole until ERP comes online.

09:54:55 The financial ways, if you will, for ERP, it's almost

09:55:02 complete.

09:55:02 It will take some time as we transfer from our existing to

09:55:09 100% ERP.

09:55:11 We are hopeful that prior to the next fiscal year in '13

09:55:16 that we will be able to implement those that are related to

09:55:19 systems.

09:55:19 >> One of the complications next year, though, and this

09:55:26 really is significant, next year's audit is likely going to

09:55:34 include information from two separate systems because the

09:55:36 changeover will occur during the fiscal year.

09:55:48 I think probably the year after that where you are likely to

09:55:50 see a full year's worth of changes, correct?

09:55:52 >>SONYA LITTLE: That's correct.

09:55:56 >>LISA MONTELIONE: That's all I have.

09:55:59 Thank you.

09:55:59 >>MIKE SUAREZ: Thank you, chair.

09:56:02 Mrs. Little, a great presentation, almost as good as your

09:56:06 son's presentation last night.

09:56:07 >> Not nearly as good as he is.

09:56:10 [ Laughter ]

09:56:11 >>MIKE SUAREZ: I obviously learned some skills from

09:56:15 someone.

09:56:15 I'm sure you and your husband are very proud.

09:56:17 >>> We are.

09:56:18 Thank you.

09:56:18 >>MIKE SUAREZ: First, what is our current fund balance in

09:56:21 terms of our reserves?

09:56:23 >> 108 million as of the fiscal year end.

09:56:28 108 million.

09:56:28 >>MIKE SUAREZ: And you mentioned that reporting for the

09:56:33 health insurance, now if you could repeat what you had said

09:56:36 earlier, is it the claims themselves?

09:56:44 >>SONYA LITTLE: We should have reported them as an accrual.

09:56:47 And we had not reported them as an accrual.

09:56:52 Again had nothing to do with cash, but what potential on the

09:56:56 books.

09:56:57 >>MIKE SUAREZ: So it is those potential losses that are

09:57:00 there, that have not been paid out, primarily because we are

09:57:04 a self-insured fund, we have to prepare for or reserve that

09:57:10 amount just in case it gets to the top level, correct?

09:57:19 >>SONYA LITTLE: Yes, sir.

09:57:20 Those dollars have not gone out the door yet.

09:57:23 >> We have been a self-assured fund for a while.

09:57:27 Why were we not doing that before?

09:57:30 >>SONYA LITTLE: Actually, this is the first.

09:57:32 >>MIKE SUAREZ: So taking into account the lag from the

09:57:38 previous fiscal year?

09:57:40 >>SONYA LITTLE: It would have impacted all 12.

09:57:44 Only 12.

09:57:45 Only this fiscal year.

09:57:47 >>MIKE SUAREZ: So those numbers prior to that concerning or

09:57:51 reported in the previous audit, and not carried over,

09:57:55 correct?

09:57:56 >>SONYA LITTLE: That's correct.

09:57:57 >>MIKE SUAREZ: I wanted to make sure about that.

09:57:59 That's one of the things that, you know, we don't want to

09:58:02 mask what our responsibilities are going to be, and with 3

09:58:06 million, it's a lot of money, but it's significantly less

09:58:09 than where we may have been in terms of total claims, which

09:58:12 means it would have been more in terms of premiums down the

09:58:17 line.

09:58:17 So I appreciate you doing that.

09:58:19 One other thing.

09:58:21 In terms of our total debt, looking at the report, we are

09:58:26 about 800 million in outstanding principle, about 420 in

09:58:31 enterprise fund debt, 400 in governmental fund debt, 3

09:58:35 million Channel District.

09:58:39 As part of your report on here, you mention that the city's

09:58:43 full faith and credit has not been pledged, to currently

09:58:48 outstanding principal debt.

09:58:51 Can you explain the differential?

09:58:52 Because obviously we have debt.

09:58:53 How is it that it's not put on there?

09:58:56 And I think I know the answer but I want to make sure that

09:58:58 people understand how debt actually works that is -- we have

09:59:04 different boxes and not just from general revenue.

09:59:07 >>SONYA LITTLE: Yes.

09:59:09 As it relates to the city's debt, all of that is secured by

09:59:12 some type of revenue stream.

09:59:14 The debt that we currently have outstanding is secured by

09:59:17 either revenues from the water and wastewater system,

09:59:23 specifically for projects funded from that system.

09:59:26 The more general government type of projects that we finance

09:59:32 are secured primarily by our utilities tax.

09:59:37 When we talk about the full faith and credit of the I ask

09:59:41 city that relates to general obligation fund.

09:59:43 And those fund are secured by property taxes.

09:59:47 We do not have any outstanding bonds that are secured by

09:59:50 property taxes.

09:59:51 So the full faith and credit is not pledged to any of the

09:59:55 outstanding debt.

09:59:56 Any outstanding debt that we have is secured by a specific

09:59:59 revenue stream, other than property taxes.

10:00:01 >>MIKE SUAREZ: I appreciate that.

10:00:04 I apologize, chair.

10:00:05 I have one last thing.

10:00:06 In terms of the way that we have reported other types of

10:00:15 revenue, for example, talking about these bonds, you know,

10:00:20 we have maturity date on all these bonds that eventually

10:00:23 will come off the books, that will then free up those

10:00:27 dollars that are created as a revenue stream to be used for

10:00:31 other things, whether they are to back up other bonds, and

10:00:34 from other points, or to go into general revenue.

10:00:38 How much, if you know the answer to this, how much are we

10:00:42 going to be seeing coming off the books either this year or

10:00:46 next year?

10:00:49 >>SONYA LITTLE: I don't have the information with me.

10:00:51 I will be happy to provide that to you.

10:00:52 >>MIKE SUAREZ: That's fine.

10:00:53 I appreciate it.

10:00:54 >> Not to address your specific question but there are

10:01:04 footnotes starting a round page 84, 85 with long-term

10:01:07 obligations and there's some schedules in there that show

10:01:10 within one year, if you flip a few pages, there are many

10:01:16 scheduled here.

10:01:16 When you get to page 390, it gives you a sense of how much

10:01:20 is coming off each year.

10:01:22 >>MIKE SUAREZ: That's why I asked you.

10:01:29 Thank you for pointing that out because not all of us are

10:01:31 financial experts and professionals.

10:01:33 And when you are looking at these type of footnotes, a lot

10:01:35 of times, things get buried without us knowing where it's

10:01:40 at.

10:01:40 Thanks for pointing out writs at.

10:01:47 >>YVONNE CAPIN: (off microphone) I very much appreciate it

10:01:55 and I'm sure all the work that you said has been put in has

10:01:59 been put in, and that it was particularly challenging.

10:02:03 I also want to say thank you to Councilman Cohen, his

10:02:10 background at the clerk's office I'm sure helped in many

10:02:13 years of doing that.

10:02:15 However, and Councilman Suarez just brought it up.

10:02:21 The main and most important job we have here is this budget.

10:02:26 And we are not financial experts.

10:02:29 You are.

10:02:30 But we are not.

10:02:35 Therefore, I have been following this.

10:02:39 This is my third year with the budget.

10:02:42 And in the charter on section 2.04, it has the City Council

10:02:48 shall have in its staff the following who shall be

10:02:51 responsible City Council through this chairman of the

10:02:54 council, a budget analyst.

10:02:57 The City Council is authorized to employ budget analysts or

10:03:00 an individual with similar qualifications pursuant to the

10:03:07 city position classification code.

10:03:10 I believe that this is a position that we should not

10:03:13 shortchange ourselves on.

10:03:17 In order to save money, this is not a position we should be

10:03:20 saving money on.

10:03:22 Not here at City Council.

10:03:24 I believe this is, as I said, the most important job we

10:03:28 have.

10:03:29 We are not financial experts.

10:03:32 We do rely on the administration.

10:03:34 I do believe that having another look, someone else looking

10:03:40 at it, we have our citizens advisory.

10:03:43 We have our financial chair.

10:03:47 And we have you all that are just really, really

10:03:50 exceptional.

10:03:50 But I do believe that we at City Council need to have on

10:03:56 staff a budget analyst.

10:03:58 And I would like to know -- and I also would like to bring

10:04:03 back -- and maybe correct me if I am wrong, the department

10:04:10 used to come to council to explain their needs and their

10:04:14 budget.

10:04:15 That no longer happens.

10:04:16 Again, we are responsible, when we pass this or not, is

10:04:23 again our most important job here.

10:04:28 I would like to see a return of that, if nothing else, as

10:04:34 the department heads, because they answer only to your

10:04:37 department.

10:04:38 We do not hear from them at all, ever.

10:04:41 And I think it's important for us to know ongoing what is

10:04:45 happening in these departments.

10:04:51 And it's a matter of us understanding and having as much

10:04:55 expertise as possible.

10:04:58 And that is where I would like to leave it.

10:05:01 >>CHARLIE MIRANDA: Ms. Mulhern?

10:05:03 >>MARY MULHERN: Thank you for getting this all done again

10:05:05 this year.

10:05:06 And I was the finance chair for my first term, the first

10:05:10 four years, before Councilman Cohen was appointed, and he's

10:05:14 doing a great job, and I'm glad you are doing it.

10:05:20 But I had just a really great experience working with all of

10:05:23 you, and also with Bonnie Wise and some of the other staff

10:05:27 who have left, so you do a great job.

10:05:31 But I agree with Councilwoman Capin.

10:05:36 And the reason that I brought the idea of budget advisory

10:05:41 committee to council back in, you know, five years ago or

10:05:45 whenever, we did it, was because of the fact that the former

10:05:51 council -- I said the same thing as you back then.

10:05:55 I wanted council to create that job that's in our charter

10:06:01 for the budget advisory person.

10:06:04 The former council never wanted to -- we didn't get to a

10:06:09 point where we agreed to do that.

10:06:13 But I agree that it is a good idea, and it makes sense.

10:06:17 The problem we had arriving at that, and the reason that I

10:06:21 ended up just putting together the citizens advisory

10:06:25 committee, was because at least that way we got some

10:06:29 expertise to share.

10:06:31 And I think it's a great thing.

10:06:32 And I think we should still have it.

10:06:34 And we do employ a budget analyst.

10:06:39 But the problem was again, it was a budget analyst, and I

10:06:45 can' Mr. Territo is ready to tell us this, and Chairman

10:06:49 Miranda can certainly fill us in on all this history, but

10:06:54 when there was a budget analyst for the council, it was an

10:06:57 employee of the finance department.

10:07:00 So it wasn't an independent adviser.

10:07:06 And that's the reason that I gave up on trying to hire

10:07:09 someone, because I don't think we had the votes on council

10:07:13 to hire a budget analyst that reported solely to council, as

10:07:23 our City Council attorney does, so basically what our

10:07:29 discussions were in the past term.

10:07:30 So I thank you for bringing that up, and I think we should

10:07:36 do it.

10:07:38 And I'm guessing that, you know, Councilman Cohen, now that

10:07:41 he's the finance chair, has been for two years, realizes how

10:07:46 daunting it is for us to deal with it.

10:07:49 I want to say one other thing.

10:07:52 Sorry, I'm probably past my five minutes.

10:07:54 But I think we do still get those reports from the

10:07:57 department heads, but it comes at the budget time and it's

10:08:02 really kind of -- I think it might be the timing, because

10:08:05 they don't come to us early to say, tell us what they need.

10:08:09 They come to us and tell us what they have agreed with the

10:08:13 administration to do, so we can't really help them, you

10:08:17 know, in individual departments to support something if it

10:08:21 already hasn't been approved by the administration.

10:08:23 So I think that's a good idea, too, to get those department

10:08:27 heads to report to us much earlier on their budget needs and

10:08:32 wants.

10:08:35 >>CHARLIE MIRANDA: Anyone who has not spoken yet?

10:08:37 Mr. Cohen, would you like to speak?

10:08:39 >>HARRY COHEN: Well, first of all, I also want to thank

10:08:43 Mrs. Little and the entire staff.

10:08:45 I did get to see up close a little bit of how difficult this

10:08:48 process is and how onerous it is, and I want to join with

10:08:53 the others in thanking you for -- I know it's some very late

10:09:00 nights at work, particularly recently.

10:09:02 In terms of the larger discussion, over the budget, I

10:09:06 think -- I have two thoughts just listening to where the

10:09:10 discussion has gone.

10:09:11 The first is that we did make one change this year with the

10:09:15 budget advisory committee, and that is that they started

10:09:18 their meetings almost immediately after the last budget

10:09:22 cycle ended, and they have been meeting continually since

10:09:26 then.

10:09:27 So it might be a good idea for us to consider having an

10:09:31 interim report from them sometime soon as a way of measuring

10:09:35 where they are.

10:09:37 In terms of the issue of the budget analyst, I think we

10:09:40 should schedule a discussion about it.

10:09:44 I know myself would like a little time to think about it and

10:09:51 sort of think about what you had to say today, and perhaps

10:09:54 we can, you know, decide on a date to have that discussion,

10:09:59 and everyone will have had a chance to examine it and talk

10:10:02 to the staff and see where we want to go.

10:10:05 And those are my two comments.

10:10:11 >>CHARLIE MIRANDA: Ms. Capin?

10:10:13 >>YVONNE CAPIN: (off microphone) ... not for a decision

10:10:24 today, just for us to think about where we are going to go

10:10:27 from here.

10:10:27 And I will say, well, I'll save this for the discussion.

10:10:32 Thank you.

10:10:32 >>SONYA LITTLE: If I may clarify.

10:10:36 It's not a budget directive.

10:10:39 If the City Council decides to move in that direction, I

10:10:42 just want to make that clear, that's not within being a

10:10:47 directive from the administration or revenue and finance as

10:10:51 to how you engage a budget analyst.

10:10:57 >>YVONNE CAPIN: Thank you.

10:10:59 >>CHARLIE MIRANDA: Ms. Mulhern?

10:11:00 >>MARY MULHERN: (off microphone).

10:11:05 >> I would like to move for a workshop on this.

10:11:11 Thank you.

10:11:11 >>MARY MULHERN: April 25 this?

10:11:16 They all look really busy.

10:11:18 >> June.

10:11:23 >>YVONNE CAPIN: June 20th at 9 a.m.

10:11:27 >> 10 a.m.

10:11:27 I think you should do it before then.

10:11:29 Because by June, the budget is well on its way to being

10:11:34 approved.

10:11:35 So I think if we want to actually possibly do something

10:11:38 before we adopt the budget next year, we should fit it into

10:11:42 one of these others.

10:11:43 >> Let me suggest that the 23rd is when we rescheduled

10:11:48 the alcohol workshop, too.

10:11:49 And originally we -- go ahead.

10:11:55 >>YVONNE CAPIN: I was going to move later on today, because

10:11:58 at the time, the citizens that were here preferred it in the

10:12:02 evening.

10:12:02 I was going to ask for that to be moved to the evening.

10:12:05 So just so you know.

10:12:08 So maybe take the slot.

10:12:09 >>MARY MULHERN: What day of the week is that, a Tuesday?

10:12:14 >>YVONNE CAPIN: No, Thursday.

10:12:18 May 23rd.

10:12:19 >>MARY MULHERN: May 23rd during the day for council's

10:12:22 discussion?

10:12:23 9:00?

10:12:24 >>YVONNE CAPIN: 9:00.

10:12:28 That's the motion.

10:12:30 >>HARRY COHEN: Second.

10:12:32 >>CHARLIE MIRANDA: Second by Mr. Cohen.

10:12:33 Made by Mrs. Capin.

10:12:34 All in favor?

10:12:35 The ayes have it.

10:12:36 Let me just say thank you.

10:12:39 The only remark that I have, the question -- not a question,

10:12:42 a statement -- is what percent of debt do we have to make

10:12:51 up?

10:12:51 >> That's another good question.

10:12:53 There's a schedule in the back.

10:12:54 It's the statistical section.

10:13:00 Let me find that real quick.

10:13:02 I'm on page 189.

10:13:11 There is a little debt margin schedule.

10:13:13 So there's some, in the back, some of that kind of ratio

10:13:16 stuff.

10:13:16 That can help.

10:13:19 >>CHARLIE MIRANDA: Thank you very much.

10:13:20 Anyone else?

10:13:21 Thank you very much for appearing.

10:13:22 We go to public sector item 1 through 5 only.

10:13:27 If you are going speak on 1, if you are going to speak on

10:13:31 the police Officer of the Month, 2, Hartline, 3,

10:13:36 commendation to Nicholas Mabileau, and 4, and 5.

10:13:49 1 through 5 only.

10:13:50 >> I'm ed, Ed Tillou from Sulphur Springs.

10:14:01 I'll be speaking.

10:14:02 I first want to speak about item 4, but just quick on item

10:14:05 1.

10:14:11 Oaf in St. Pete, Pinellas County, that has a lot of gangs.

10:14:14 Even though it sounded like other things, it wasn't a

10:14:20 particularly good movie the girls weren't too good.

10:14:23 But a better investment would be Olympus has fallen.

10:14:27 It's a movie.

10:14:28 But it does make some very good points like about how

10:14:33 volatile things are with Korea.

10:14:35 I have talked with soldiers who have come back with policing

10:14:39 the DMZ, engineering students from Korea, and it's a very

10:14:43 volatile situation down to this day.

10:14:45 So that's the context --

10:14:48 >>CHARLIE MIRANDA: I am going to stop you right there.

10:14:50 Please speak about the police Officer of the Month.

10:14:52 That's what you said.

10:14:53 Not a movie.

10:14:54 >> I'm speaking about gangs from Spring Breakers.

10:15:00 Number 2.

10:15:04 About Rosa Parks, a fellow said he had done exactly the same

10:15:10 thing about a year before and he got arrested and put in

10:15:13 jail.

10:15:13 So all the bodies are not yet buried .

10:15:21 My dad told me that this was being kicked around among the

10:15:24 free masons, so that what you have, the point I'm trying to

10:15:32 make is that America is much more top down than it is bottom

10:15:35 up.

10:15:35 And this was being discussed, but then it became policies.

10:15:41 So item 4, I have often spoken about the slow release

10:15:48 fertilizer, but one of the central questions for the Tampa

10:15:51 Bay estuary is

10:16:06 Maybe people will start thinking about that.

10:16:08 In any event, this fellow probably looked at that.

10:16:11 This is the discover Tampa Bay.

10:16:14 His name was Pantilla.

10:16:20 That's a problem in history that's got to be corrected.

10:16:23 He more or less sailed by and actually it was more a

10:16:26 Pinellas County thing.

10:16:27 One of his crew --

10:16:29 (Bell sounds)

10:16:31 -- this fellow actually had to become a cannibal at some

10:16:38 point, and his name was Cabeza de Vaca, and there was a very

10:16:44 good movie made about him but it was in Spanish.

10:16:47 But it was good to' because a lot of the Indian maidens were

10:16:51 anatomically correct in it.

10:16:54 But what happened is that, well, I guess that's my time.

10:16:59 (Bell sounds)

10:17:00 But I will come back to this in the context of Tampa.

10:17:07 >> And Cabeza de Vaca means translated in English head of

10:17:11 the cow.

10:17:11 So thank you.

10:17:16 Anyone else on one through five?

10:17:18 >> Pete Johnson.

10:17:23 On number 5.

10:17:24 I definitely think council have their own budget person.

10:17:31 It's not that I don't trust administration.

10:17:33 But I just have a natural-born anti-trust of government.

10:17:37 You guys need to understand what is going on on your own.

10:17:42 Don't necessarily take any administration's word for being

10:17:47 totally 100%.

10:17:48 Thank you.

10:17:50 >>CHARLIE MIRANDA: Next, please.

10:17:51 Anyone else care to speak on items 1 through 5 including

10:17:53 Cabeza de Vaca?

10:18:00 I see no one at this time.

10:18:02 We go to the items for the workshop item number 6.

10:18:06 Need to open the workshop, 6 through 10.

10:18:09 And then we'll address 8 and 9.

10:18:14 I have a motion to open the workshop by Mr. Reddick.

10:18:18 Seconded by Mr. Cohen.

10:18:19 All in favor of the motion please indicate by saying aye.

10:18:21 Opposed nay.

10:18:22 The ayes have it unanimously.

10:18:23 Item number 6.

10:18:24 >>REBECCA KERT: Assistant city attorney.

10:18:29 I am here in response to City Council's motion for a

10:18:31 workshop on the issue of noise.

10:18:34 As you know, we have been talking about the noise issue for

10:18:37 approximately three years at this point.

10:18:39 I would like to focus City Council a little bit about what

10:18:44 regulation you have in place.

10:18:45 What we do is we regulate the decibel level of the noise.

10:18:49 What that requires is that we have noise meters that are

10:18:53 calibrated to detect the level of noise in various parts of

10:18:56 the city.

10:18:57 Specifically, in the central business district, Ybor City

10:19:00 and Channelside, you had different decibel levels than you

10:19:03 have in the rest of the city and those measurements are

10:19:06 taken in areas from the property line and the rest of the

10:19:10 city, it is required to be a little bit quieter, and the

10:19:16 decibel measurement readings are taken from the preceding

10:19:20 site or the site of the complaining party.

10:19:24 There are three different basic types of ways that local

10:19:27 government regulate noise.

10:19:29 One is the method that we have selected which is the decibel

10:19:32 method.

10:19:32 Another method is basically the conduct standard, also

10:19:36 called the unduly market standard.

10:19:41 That exact standard has been upheld by the United States

10:19:43 Supreme Court.

10:19:44 It is not unconstitutionally vague but it does have some

10:19:49 challenges when you are trying to have an officer determine

10:19:51 what is unduly loud.

10:20:00 The other is a plainly audible standard and that says if

10:20:04 noise or sound is heard and is plainly audible within a

10:20:07 certain number of predetermined feet away from the source of

10:20:10 the noise, that is in fact a noise violation.

10:20:13 And as you recall, that is the standard that was subject to

10:20:16 a recent Florida Supreme Court hearing.

10:20:20 The Second DCA had determined that that standard was both

10:20:23 vague and overbroad.

10:20:26 From the Florida Supreme Court they found that was not vague

10:20:29 and in general was not overbroad.

10:20:32 But the state statute in question that used the plainly

10:20:36 audible standard has an exemption for political and business

10:20:39 speech which was content based.

10:20:42 As you know, we started talking about this because our

10:20:46 current standards were not working well in all areas of the

10:20:48 city.

10:20:49 I will tell you that I believe that they are working very

10:20:52 well, particularly in Ybor City.

10:20:56 The officers do measurements almost every weekend as long as

10:20:58 the noise meters are in working order and I don't recall the

10:21:02 last time that I have seen a violation.

10:21:03 So I think that it has worked very well in that area of the

10:21:08 city.

10:21:08 In other areas of the city it's not always working as well

10:21:11 as we might like.

10:21:12 For example, sometimes in neighborhood it doesn't work as

10:21:15 well.

10:21:16 The equipment is very expensive.

10:21:19 It's not issued to each individual officer.

10:21:22 Sometimes an officer will be called out.

10:21:26 Will have to go back and come back out and at that time the

10:21:30 situation may have changed.

10:21:31 In addition, they have not worked particularly well when you

10:21:33 have a noise that's coming from an ambulatory source,

10:21:37 someone who is walking with a mega phone.

10:21:40 We cannot ban people walking with megaphones.

10:21:44 That's unconstitutional.

10:21:45 But we can limit how invasive that noise is.

10:21:48 However, when we are trying to measure somebody walking on

10:21:50 the right-of-way we have to determine where that property

10:21:52 line is.

10:21:53 And that can be sometimes difficult.

10:21:58 One approach that I would like to recommend that City

10:22:00 Council consider for the areas outside of Ybor, downtown and

10:22:05 Channelside, work looking at more of our neighborhood, is

10:22:08 not that Ybor and downtown, Channelside -- I actually live

10:22:12 in one of those neighborhoods -- but in some of the other

10:22:15 areas of the city.

10:22:15 It's an approach that balances the ability of somebody to

10:22:19 express their free speech rights, and to listen to music, as

10:22:25 well as balance it with the right of people to be free from

10:22:29 unwanted noise.

10:22:30 And basically, what I am recommending has been upheld in our

10:22:36 eleventh circuit, and it basically says that you cannot play

10:22:42 sound in such manner as to describe the peace and quiet of

10:22:46 the neighbor inhabitants or for the hearing of the persons

10:22:51 who are in the room or the chamber where the sound device is

10:22:55 operating.

10:22:57 I would like to recommend that you combine that with a

10:23:00 presumption using the plainly audible standard which says if

10:23:04 the noise is plainly audible at 100 feet, there is a

10:23:07 presumption that there is a noise violation.

10:23:10 As I said, that has been upheld.

10:23:13 It's my understanding that it has been working well and that

10:23:18 it strikes a good balance between flexibility as well as

10:23:20 getting people clear guidance on what is and is not allowed.

10:23:25 The other thing I would like to call to your attention is

10:23:28 that in Hillsborough County we have the Hillsborough County

10:23:31 environmental protection.

10:23:33 They have their own noise regulation.

10:23:36 The way that their regulations are written right now, they

10:23:40 use a decibel level.

10:23:41 They have very high level equipment, and right now, our

10:23:47 Ybor, Channelside and downtown are exempt from their

10:23:50 ordinance.

10:23:51 If it was not exempt, then we would be preempted and have to

10:23:55 fall understood their regulation.

10:23:56 We also have a memorandum of agreement that I need to review

10:24:00 and see if there's anything that we will need to change, and

10:24:04 not based upon any proposed changes that City Council want

10:24:06 to make, but that's something that you don't have to make a

10:24:09 decision on right now.

10:24:10 I just want you to be aware that that is out there, and

10:24:14 there may need to be some changes for that as well.

10:24:16 >>HARRY COHEN: I just a V a question.

10:24:19 Under the plainly audible standard, the way that you are

10:24:24 suggesting that we look, would we no longer use decibel

10:24:29 meters at all to measure sound?

10:24:32 >>REBECCA KERT: I believe we could have both.

10:24:34 Particularly in Ybor City, downtown, Channelside, I believe

10:24:37 that is actually the best mechanism that we have at the

10:24:40 current time.

10:24:41 We can always review it to see if there's something better

10:24:44 in the future.

10:24:47 We can also leave the decibel levels in place for the other

10:24:49 areas of the city, as well as having this as an additional

10:24:54 tool.

10:24:54 That's actually an example.

10:24:56 That's what they do in Gainesville.

10:24:59 >>HARRY COHEN: So if the noise wasn't necessarily above the

10:25:03 measurable decibel level, if it were disturbing to a

10:25:09 reasonable person, it could be dealt with under that

10:25:15 approach as opposed to under the decibel level itself?

10:25:19 >>REBECCA KERT: That's correct.

10:25:21 >>CHARLIE MIRANDA: Mr. Reddick and Mr. Suarez.

10:25:22 >>FRANK REDDICK: Thank you, Mr. Chair.

10:25:25 Let me just focus on the neighborhood part of it, because

10:25:31 each one of those represents a neighborhood.

10:25:37 The problem we are having, the most complaints we get is

10:25:39 from the neighborhoods, representatives of neighborhood.

10:25:44 Law enforcement, I was at a neighborhood meeting the other

10:25:47 night.

10:25:47 Law enforcement stated in this meeting that the problem they

10:25:51 are having, they cannot write tickets at this moment over

10:25:55 the noise.

10:25:58 How could we find a way to give law enforcement that

10:26:08 authority, that power, to write and start ticketing people?

10:26:11 Because I don't know what's going on in your neighborhood,

10:26:18 but I know in my neighborhood, they drive these high wheel

10:26:25 cars, and when they sit up real high, and then when you open

10:26:29 the trunk, there's nothing but big huge speakers in there.

10:26:35 And they are amplifying that music loud, and it's very, very

10:26:39 loud.

10:26:39 And the neighbors and residents of most of the neighborhoods

10:26:43 are frustrated because these people coming through the

10:26:49 neighborhood, and I don't know, you know, I have not modern

10:26:56 day windows.

10:26:57 I have old windows.

10:26:58 So when they come through there, the windows go to shaking,

10:27:03 and I mean things just go to rattling in the house because

10:27:09 they are so loud, and I be wondering how could these people

10:27:13 sit in a car with all that loud music, and they are young

10:27:19 and they wonder why they can't hear when they get 30, 40

10:27:22 years old, and that's the reason.

10:27:23 But what is most disturbing to me the other day when I was

10:27:27 at a stoplight, and a gentleman was in there, and music was

10:27:33 so loud and had something like a two or three-year-old baby

10:27:36 in the front seat of the car, and that disturbed me, because

10:27:39 if I was having problems, I'm pretty sure the child would be

10:27:45 disturbed with all that loud music.

10:27:48 So my question is, what we need to do -- and it's got to be

10:27:56 an ordinance somewhere in this country, somewhere in this

10:28:00 state, that will give law enforcement an enforcement power

10:28:06 that they need to go after these individuals driving these

10:28:11 automobiles and these people who are playing loud music in

10:28:19 their yard.

10:28:20 You have some people playing noise, stereos booming.

10:28:24 1, 12, 1:00 in the morning.

10:28:26 And they even got it now.

10:28:30 And I don't know if nobody has seen this, but I saw a

10:28:34 gentleman ride a bicycle with a stereo on it.

10:28:37 And I am trying to figure out how he put a stereo -- and I

10:28:41 mean it was booming.

10:28:43 And how did he put a stereo on a bicycle?

10:28:47 But he was like he was in a club.

10:28:51 And so we need to regulate bicycles, too, is that the new

10:28:58 trend now?

10:28:59 We need to enforce the noise with bicycles as well.

10:29:02 So we need to find a way to give law enforcement the power,

10:29:08 and, you know, I'm not worried about legal challenges,

10:29:14 because anybody is going to sue us for some reason.

10:29:16 But we have got to relieve these people in these

10:29:21 communities, and we have got to find a way to stop allowing

10:29:24 these people to take out a whole community with loud noise.

10:29:27 And I am willing to support any ordinance, any mechanism

10:29:33 that you put in place that gives law enforcement that

10:29:38 enforcement power because as of now they don't have it and

10:29:41 we need to find a way to give them that authority.

10:29:43 Thank you.

10:29:43 >>FRANK REDDICK: We go to Mr. Suarez, Mrs. Mulhern, Mrs.

10:29:49 Capin.

10:29:49 >>MIKE SUAREZ: Mrs. Kert, thank you for this.

10:29:53 We talked yesterday and talked about some of these issues.

10:29:57 And there are two things that we need to talk about.

10:29:59 Let's talk about the first one first, which is those

10:30:02 neighborhoods that might have intrusion of noise from a

10:30:07 stationary, you know, place.

10:30:09 So their neighbor, somebody down the street, that is not

10:30:14 ambulatory.

10:30:17 But on the plainly audible doctrine as Councilman Cohen

10:30:21 mentioned, they have to be the police officer in order to

10:30:25 process based on the suggestion you made on the ordinance,

10:30:29 to process a complaint or to process a ticket would be that

10:30:34 you would have to be 100 feet away to be able to measure.

10:30:39 Okay, now, I think that that's a simple process to put in

10:30:42 place, meaning that, you know, there are lots of different

10:30:45 devices that are used now, especially when it comes to

10:30:49 distance, and very inexpensive at Home Depot where you can

10:30:54 measure from here to a wall as to what the distance is.

10:30:56 I think most police officers would be able to do that and be

10:31:00 able to say, yes, I can hear it from here, you know, and I

10:31:03 know that it's too loud, okay?

10:31:07 Now, we had a discussion about reducing that 100 feet to

10:31:12 something less.

10:31:13 And I think you had mentioned that one jurisdiction had done

10:31:17 25 feet.

10:31:18 Is that correct?

10:31:21 >>REBECCA KERT: The current state statute on the book for

10:31:24 motor vehicles is 25 feet.

10:31:25 >> I'm talking about plainly audible when it comes to the

10:31:28 100 feet that you have determined is a fairly allowable

10:31:32 amount.

10:31:32 We had discussed the different jurisdiction.

10:31:35 And I can't remember who it was, but it was that 25 feet.

10:31:37 >>REBECCA KERT: In looking all across the country I have

10:31:42 seen various and sundry numbers.

10:31:44 I can tell you the vast majority of numbers I have seen

10:31:46 especially late night noise go with the 100 feet N.looking

10:31:51 at some of these decibel readings versus somewhat what

10:31:55 someone can hear at 100 feet, that seems fairly consistent,

10:32:00 that you are pretty close to your decibel levels at 100 feet

10:32:04 so it would be consistent.

10:32:05 Some places, I have seen some places that go 300 feet and N

10:32:10 their entertainment district.

10:32:11 And I looked at yesterday, they revised theirs last year.

10:32:16 The bottom line is whatever number that ends up in our

10:32:20 ordinance, we have to be able to justify it.

10:32:23 I mean, 100 seemed like something I could reasonably defend.

10:32:28 If there's another number that we can reasonably defend, I'm

10:32:31 happy to entertain that as well.

10:32:32 >>MIKE SUAREZ: The reason I was asking is because we can

10:32:35 make any ordinance we can on the books but if we can't

10:32:38 enforcement, and it's not enforceable either in terms of

10:32:41 court case or in terms of actually having the practical

10:32:44 ability to give a ticket to someone that is against our

10:32:51 ordinance, it's going to be difficult for us anyway.

10:32:54 I mean, I don't want to put something on the books that is

10:32:56 not enforceable.

10:32:57 I don't want to put something on the books that's going to

10:32:59 make it difficult for a police officer to write a ticket

10:33:02 I.want to find a reasonable solution that they can then say

10:33:05 we will be able to write this based on this plainly audible

10:33:08 doctrine, and I think you kind of split the baby as best you

10:33:12 can in terms of where we are at, and we may make a

10:33:15 suggestion to make it less than 100 feet.

10:33:17 And I think that, you know, we have to come up with some

10:33:21 determination as to whether 25 or 50 is a better measurement

10:33:26 versus 100.

10:33:27 I know a lot of people out there, here and on television,

10:33:31 are going to wonder why are you splitting the difference?

10:33:34 We want to get it on the books.

10:33:36 We want to get it that it's usable and workable, and not

10:33:39 something that is just pie in the sky that we are Nevada

10:33:42 going to be able to defend.

10:33:43 And that's part of the reason why the legislature screwed

10:33:46 up, and now we are back in the same position, because they

10:33:49 wrote a bad law.

10:33:51 We want to write a good ordinance so that we can defend it.

10:33:54 Secondly, on the ambulatory, those cars driving through

10:33:59 neighborhoods, I am in agreement with Councilman Reddick, I

10:34:01 have no idea how anybody can drive in those vehicles with

10:34:04 that loud of a radio.

10:34:07 I left council probably about a month ago.

10:34:11 I was downstairs.

10:34:12 I was about to get in my vehicle.

10:34:14 And it was a vehicle on Jackson street that I was in my car

10:34:19 with my windows rolled up, and it was reverberating

10:34:22 throughout the entire City Hall.

10:34:25 So that's a temporary thing.

10:34:28 They went through it.

10:34:30 The neighbors have it on a constant basis.

10:34:32 Those folks coming through there all the time.

10:34:35 Now, in terms of those situations -- because I mean now we

10:34:40 have gotten away from the stationary sources, those that are

10:34:44 moving.

10:34:45 How have the courts treated those moving targets, so to

10:34:50 speak?

10:34:50 >>REBECCA KERT: If I can subdivide the second issue into

10:34:56 part A and part B and separate out motor vehicles and just

10:34:59 general noise that's moving.

10:35:00 I believe that from a practical matter, allow us to get the

10:35:07 ambulatory noise.

10:35:10 Bicycles, I have to look into, whether it's state statute or

10:35:15 whether it will fit into our current ordinance.

10:35:17 I hadn't thought about bicycles.

10:35:19 Definitely people who are walking and moving with either

10:35:22 loud music or megaphone, I believe as a practical matter and

10:35:26 as a Constitutional matter should address that.

10:35:28 As far as motor vehicles go, the state had and still

10:35:31 continue to have on its books a statute that prohibits loud

10:35:37 music from or loud noise at all on any level from motor

10:35:41 vehicles, if that noise can be heard plainly audible at 25

10:35:44 feet, that is in fact the case that was the subject of the

10:35:46 Catalano case that we were waiting on a year, year and a

10:35:52 half as it worked its way through the appellate court

10:35:55 system.

10:35:56 The Supreme Court, as I stated earlier, said that that law

10:36:00 was unconstitutional and therefore can't be enforced right

10:36:03 now, not because they use the plainly audible standard but

10:36:06 because they had content based exemption to that rule.

10:36:11 And the court found that made the entire statute overbroad.

10:36:15 I will tell you that there are bills that are moving forward

10:36:18 in both the house and the Senate that will correct that

10:36:20 unconstitutional deficiency.

10:36:23 It's my understanding -- I checked just before I came down

10:36:26 here -- and if I read it correctly, it looks like it passed

10:36:29 the house and it passed one committee in the Senate, and

10:36:32 it's gotten one or two other committees to go, but it is

10:36:34 moving forward.

10:36:35 We can go very shortly.

10:36:36 Whether or not the state is going to end up correcting that.

10:36:41 If they do not end up correcting that and having a state

10:36:44 statute in place would I be happy to come back with you and

10:36:47 discuss further what our options are.

10:36:49 But I will tell you, while that is still on the books and

10:36:51 there is a bill pending, that law is in Florida statute 316

10:36:57 which is the uniform state traffic code, if they have that

10:37:00 right.

10:37:03 It means we are expressly preempted from regulating in that

10:37:08 area at the current time.

10:37:09 On motor vehicles I would recommend we wait a month or two

10:37:12 to see whether or not the state is correct, some of the

10:37:15 mistakes they had previously made, or the previous

10:37:18 legislature had made.

10:37:19 I do know that Chief Castor, your chief of police, has been

10:37:23 very concerned about this issue, and working hard to make

10:37:26 sure that those bills get through.

10:37:28 >> And I want to be clear about that, because we need to

10:37:32 make sure that people understand that, you know, there are

10:37:34 certain things that we can do now when it comes to those

10:37:37 stationary targets.

10:37:38 It's another thing talking about moving targets.

10:37:42 One of the things that we have, both in terms of e-mails

10:37:45 sent to me and I'm sure to all of my colleagues, is that I'm

10:37:48 sitting in my home, and all of a sudden, somebody's

10:37:52 subwoofer is banging against my windows, I have got to get

10:37:56 up, I have got to go to the window or to the door, I have

10:37:59 got to look outside, and I have to find that license plate.

10:38:03 Problem is that most of the time they are -- they have left,

10:38:08 unless someone else is out there, you have to be so vigilant

10:38:12 that it's almost impossible to enforce something like that,

10:38:15 unless you are right there, right next to the vehicle, and

10:38:19 be able to identify, because again this is not your purview

10:38:22 because you are not on the enforcement end.

10:38:25 It makes it difficult for us to say, oh, yeah, just identify

10:38:28 the vehicle, and get a police officer and get a ticket.

10:38:31 We have got to find some other way of doing that.

10:38:33 And hopefully the state law will fix those moving vehicles.

10:38:38 But until then, we need to find a way of helping folks be

10:38:42 able to identify that.

10:38:43 I don't know the answer to that, Mrs. Kert, and I know you

10:38:47 don't either.

10:38:48 Your expertise is not in the enforcement part of it.

10:38:50 But that's something we are going to have to talk about once

10:38:53 that comes through.

10:38:54 I am in favor of an ordinance that is going to look at, to

10:38:59 agree with Councilman Reddick, that is going to look at

10:39:02 solving that plainly audible doctrine, putting it into our

10:39:06 ordinance, whether it's 100 feet, 50 feet, 25 feet,

10:39:09 whatever, and going forward with it, because I think that we

10:39:12 can't wait for the state on he have part of it.

10:39:15 Obviously, you mentioned about the uniform section.

10:39:18 We are not going to be able to preempt that or override that

10:39:22 now anyway.

10:39:23 So we are going to have to wait for the state legislature to

10:39:26 come forward, correct?

10:39:28 >>REBECCA KERT: Yes, sir.

10:39:30 >>MIKE SUAREZ: When we finish our discussion, I hope that

10:39:32 either myself or one of my colleagues will come up to allow

10:39:36 you to go forward and put that ordinance in place, on the

10:39:40 stationary target.

10:39:42 Thank you, chair.

10:39:44 >>CHARLIE MIRANDA: Ms. Mulhern, Ms. Capin.

10:39:46 >>MARY MULHERN: I want to talk about the mobile question

10:39:50 first.

10:39:51 Then I have a question about the other noise problem.

10:39:58 I have the memos from Chief Castor which she directed to the

10:40:02 neighborhood association.

10:40:03 So I think a lot of you have seen this about the legislation

10:40:09 that's in Tallahassee right now.

10:40:12 It's not clear to me from this.

10:40:16 It's the one committee that the Senate passed.

10:40:19 Was it the transportation committee?

10:40:21 >>REBECCA KERT: Yes.

10:40:22 >>MARY MULHERN: That's good.

10:40:23 Because the Florida police chiefs were working on making

10:40:26 sure that they realize how important that was.

10:40:29 So then I think what we could do as council is I'll make a

10:40:35 motion that we send a letter to our senator -- the Senate

10:40:44 and the legislature, the representatives, encouraging them

10:40:50 as City Council to pass this legislation, so they are

10:40:54 hearing it from us as City Council people.

10:40:59 So that's the motion.

10:41:01 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Mr.

10:41:04 Cohen.

10:41:04 All in favor of that motion?

10:41:06 Opposed?

10:41:07 Passes unanimously.

10:41:08 >>MARY MULHERN: Then my question about the noise from the

10:41:15 establishments, you said that EPC, that downtown and Ybor

10:41:24 and where else, Channelside are exempted from the EPC rules.

10:41:29 What I want to understand is, what's the difference between

10:41:32 the EPC rules and what we do?

10:41:38 Is there more restrictive than ours, or less?

10:41:46 >>REBECCA KERT: I was just looking at it yesterday but I

10:41:49 don't want to speak off the cuff, and I'm not sure if I have

10:41:51 a copy of it with me, I would be happy to answer that

10:41:54 question.

10:41:55 But they do do decibel levels, and I believe their readings

10:42:00 are probably closer to what we allow city-wide and what we

10:42:03 allow in downtown Channelside, and Ybor, which is louder.

10:42:07 But I don't want --

10:42:09 >> So that's probably what it is.

10:42:12 Do you think that -- we will hear from the public on this.

10:42:16 But, I mean, you live in one of those neighborhoods.

10:42:21 And would it make sense for us to just go in line with

10:42:28 whatever the levels the EPC has set?

10:42:34 How did that exemption happen?

10:42:36 >> I can only tell you what I have been able to gather by

10:42:42 looking back at the minutes, and they were documented

10:42:45 because I was kind of curious as to how some of those things

10:42:49 came about.

10:42:49 And it appears that they had discussions for, I think, like

10:42:52 two years over the noise ordinance, and there was a lot of

10:42:56 problems with noise particularly in the Ybor area, although

10:42:58 I know they were very local Id in Ybor with the nightclubs,

10:43:05 and in particular, there were a couple nightclubs that were

10:43:12 open air, and they were very vocal in front of City

10:43:16 Council -- and I don't want to make their arguments for

10:43:19 them, but this is where I thought they were very concerned

10:43:22 that City Council had been so excited in inviting them and

10:43:24 happy, and the city in general, to have them down in Ybor

10:43:28 opening up their business he, and now essentially would be

10:43:31 shutting them down.

10:43:32 And so there was a consensus on council to allow the noise

10:43:38 in those areas to be louder, I think, to accommodate maybe

10:43:43 some of the open air venues and how Channelside and downtown

10:43:47 got added into that.

10:43:48 I'm not able to say.

10:43:49 >> Well, it's interesting, because from some discussion that

10:43:52 I had with you earlier, it sound like that problem of the

10:43:56 loud open air noise is more concentrated in the SoHo

10:44:02 district than it is in Ybor now.

10:44:03 So we can look at that separately.

10:44:06 But I think -- I'm wondering if that's worth it for us to

10:44:10 revisit, if we simply adopted the same limits that the EPC

10:44:19 has, or accepted those limits for downtown Channelside and

10:44:23 Ybor, then maybe that would help with some of the noise

10:44:27 problems in those venues.

10:44:30 So, you know, just if you could give advice on that.

10:44:33 That's just a decision that we could make as council.

10:44:36 >>REBECCA KERT: That, I think, is very much a policy

10:44:41 decision.

10:44:42 The only thing I would like to do -- and I try to give legal

10:44:45 advice and not testify -- but I have not been hearing noise

10:44:48 complaints out of Ybor.

10:44:49 The only one that I have personally come to my attention in

10:44:54 the past several years has been a couple years ago or year

10:44:58 and a half ago, maybe, there was one of the establishments

10:45:01 that was operating as a bar but other than that I am not

10:45:06 aware that the -- I don't want to speak for them, you know.

10:45:10 But they have not brought that to my attention.

10:45:14 >> And I know we had problems with the Channelside places,

10:45:17 and I don't know if they are even still open.

10:45:19 But part of the reason we haven't been hearing complaints is

10:45:29 because the businesses are not happening over there.

10:45:31 >> It has been a conscious decision to allow those areas to

10:45:34 have louder noise.

10:45:35 >>MARY MULHERN: Thanks.

10:45:39 >>CHARLIE MIRANDA: Ms. Capin?

10:45:44 >>YVONNE CAPIN: (off microphone).

10:45:52 It's really hard to understand -- and I'm sure the

10:45:54 neighborhoods have a very hard time.

10:45:57 I would, as a neighbor, when your windows are rattling, that

10:46:03 one person's right is infringing on another person's right

10:46:07 to peace and quiet in their home.

10:46:09 And what I want to bring forth is say an ordinance is an

10:46:16 ordinance until the court says it's not.

10:46:32 If someone wants to spend time and money to challenge a

10:46:36 reasonable law then I think we can defend it.

10:46:38 But pending legislative action, we can be prepared to act

10:46:43 immediately.

10:46:45 I also would like to -- you know, this is contained -- we

10:46:49 have both where it's stationary and mobile.

10:46:57 We had an incident where it was stationary.

10:47:00 And it was Hollywood nights on Armenia Avenue and had to do

10:47:06 with when they closed at 3 a.m., and there was a vacant lot

10:47:09 and all of the people went to the vacant lot and blasted

10:47:12 their car radios, and the neighborhood for years and years

10:47:16 and years and years, 3:00, 4:00 in the morning could not

10:47:21 sleep.

10:47:24 That came to us, and it came to us not about the noise but

10:47:27 about other issues with that establishment.

10:47:29 Since then, it was something that could be done on that lot.

10:47:36 It was a private lot.

10:47:37 It was leased.

10:47:39 It was fenced.

10:47:40 There was a huge sign on there, if you park here, you cannot

10:47:44 have your radio on, period.

10:47:47 That's what it says on that lot.

10:47:49 Of course, that's a private lot.

10:47:51 When we have -- you know, the equipment for the noise, to

10:47:56 measure the audible noise, is expensive, but I thought we

10:48:01 had three districts.

10:48:02 If we could have a police officer that is noise abatement

10:48:10 officer, and equipment in his squad car, one in each

10:48:14 district, that can immediately stop moving mobile noise

10:48:20 violations, maybe that would be something that we could look

10:48:28 at, and the police can provide a report as to how they would

10:48:33 implement this noise abatement process officer, how it can

10:48:36 be organized.

10:48:37 And legal can be creative and come up with a new ordinance,

10:48:43 if you will.

10:48:45 Again, I have been told time and again, it is an ordinance

10:48:49 until it's challenged in the courts and not upheld.

10:49:00 I would like to see us move forward with your suggestion.

10:49:06 And also with having the officers in the three districts,

10:49:11 one noise abatement officer per district that can respond

10:49:15 immediately to moving vehicles, or to neighborhood.

10:49:22 I don't think that's asking too much to have three officers

10:49:25 with three of the machines that measure the audibles.

10:49:32 That's my suggestion.

10:49:33 We can take it from there.

10:49:35 >>CHARLIE MIRANDA: Thank you.

10:49:36 Mr. Cohen.

10:49:36 >>HARRY COHEN: Just a follow-up on what some of the other

10:49:40 council members have said.

10:49:41 My understanding of the type of ordinance that you are

10:49:43 suggesting is that, yes, each district could have the noise

10:49:51 measurement equipment, but a regular traffic officer could,

10:50:02 under the plainly audible standard, give a ticket for

10:50:07 violation without the presence of any equipment, correct?

10:50:12 >> The plainly audible standards would not require a noise

10:50:16 meter, but telephonic at the current time, until the state

10:50:19 fixes the state statute, they can't issue tickets for the

10:50:23 motor vehicle.

10:50:24 >> Okay, but would they be able to actually cite someone

10:50:30 under the ordinance for the noise violation?

10:50:34 >> Not in the motor vehicle --

10:50:37 >>HARRY COHEN: The code violation?

10:50:39 >> Preempted from going after noise -- from regulating noise

10:50:44 from motor vehicles under the current state statute.

10:50:49 But to further answer that, yes, any officer would be able

10:50:54 to do plainly audibles without having the additional noise

10:50:58 meter equipment with them.

10:50:59 >>HARRY COHEN: I just want to also address, in case anyone

10:51:05 is wondering, this is definitely a city-wide problem.

10:51:09 There are places all over the city where people cannot get a

10:51:14 decent night's sleep at night because of the cars blaring

10:51:18 sound outside their windows.

10:51:21 If you live in a high-rise on Bayshore, you are woken up

10:51:25 three nights a week at least by somebody going by for the

10:51:29 thrill of the chase at 2:00 in the morning, blaring their

10:51:32 music in order to try to wake up all the neighbors.

10:51:34 So I will join with my fellow council members in supporting

10:51:39 any kind of reasonable ordinance that will help us address

10:51:46 the problem.

10:51:49 >>CHARLIE MIRANDA: Mr. Reddick and then Mrs. Mulhern.

10:51:51 >>FRANK REDDICK: Chair, after we hear from the audience,

10:51:58 and those who want to speak on this issue, I would like to

10:52:02 make a motion in regard to this ordinance.

10:52:08 >>CHARLIE MIRANDA: Mrs. Mulhern.

10:52:09 >>MARY MULHERN: (off microphone) one question follow-up on

10:52:13 the other council members.

10:52:14 What Mr. Cohen was asking about the citation, so can -- with

10:52:22 the clearly audible, we adopt that, will a police officer be

10:52:28 able to give a ticket?

10:52:37 Only if the law is changed?

10:52:39 >>REBECCA KERT: For motor vehicles again?

10:52:42 >>MARY MULHERN: Yes.

10:52:44 >>REBECCA KERT: We by ordinance at the current time cannot

10:52:47 regulate the noise from motor vehicles.

10:52:50 That is not going to solve that problem.

10:52:51 If people want that changed, then they need to contact their

10:52:55 legislature and encourage them to support the bills.

10:52:58 >>MARY MULHERN: So those bills, I don't have a copy of

10:53:02 them.

10:53:02 They would allow cities to do that?

10:53:04 >>REBECCA KERT: It actually does two things.

10:53:07 Number one, it fixes the state statute.

10:53:10 Number two, as currently worded, it expressly says if a

10:53:17 homeowner wants to do something more --

10:53:21 >>MARY MULHERN: So if that passes we will be able to stop

10:53:24 them and give a ticket?

10:53:25 >>REBECCA KERT: Yes.

10:53:26 >>MARY MULHERN: Thank you.

10:53:28 >>CHARLIE MIRANDA: Any other council members?

10:53:28 Let me just say this, Mrs. Kert.

10:53:31 Thank you very much.

10:53:33 I believe the letter from Chief Castor also encouraged all

10:53:38 the neighborhoods to send some form of communication to your

10:53:43 legislature.

10:53:45 I don't know if we can give you an address or where to mail

10:53:48 it to.

10:53:49 And something to allude to, I think in order to have some

10:53:54 preventive measures taken, anyone who has those metering

10:53:57 equipment, monitoring equipment that has decibels, should be

10:54:00 trained by a certified individual so when it goes somewhere

10:54:05 else other than to the police officer, to us, it goes to

10:54:08 court, and the evidence presented cannot be overturned

10:54:11 because the individual wasn't certified, quote-unquote, you

10:54:16 have to cover statements that you don't want to do but you

10:54:18 have to do, so that takes up -- that the case is intact.

10:54:24 Am I correct?

10:54:29 >>REBECCA KERT: Yes.

10:54:30 The decibel levels, the officers do have to follow certain

10:54:36 standard and calibrate the machines each and he have time.

10:54:41 And it's something we do have to check on each and he have

10:54:43 time if we are going to make a court case.

10:54:45 For the plainly audible, it is simplified.

10:54:48 I want to make it clear that what we have on the books right

10:54:51 now is Constitutional, it's been upheld on two recent

10:54:55 challenges unconstitutional.

10:54:57 From a practical matter it is not always as easy to

10:55:01 implement as we like in certain areas of the city, and that

10:55:03 is why I am recommend the change to address some of the

10:55:05 concerns.

10:55:06 But what we have on the books right now is Constitutional.

10:55:10 >>CHARLIE MIRANDA: Mrs. Montelione.

10:55:11 >>LISA MONTELIONE: Mrs. Kert, don't go away.

10:55:16 Thank you.

10:55:17 The state law, when Mr. Reddick brought up the bicycles, and

10:55:22 it's not only bicycles but pedestrians as well.

10:55:25 I have seen them all over my neighborhood.

10:55:29 Once the state statute hopefully gets changed if the current

10:55:32 bills move through and are successful all the way, to the

10:55:36 end, will that also allow us to ticket or provide noise that

10:55:43 includes pedestrians and bicyclists as modes of

10:55:51 transportation?

10:55:51 >> We currently do have the ability to regulate pedestrians.

10:55:53 It's strictly motor vehicles. I don't believe that motor

10:55:57 vehicles includes bicycles.

10:55:58 I just would want to verify my research that there isn't

10:56:02 some different mechanism in the state statute.

10:56:05 But if the bills pass we will be able to regulate everyone.

10:56:09 >>LISA MONTELIONE: Thank you.

10:56:12 >>CHARLIE MIRANDA: Anyone else on council?

10:56:13 Okay, we go to the public on item number 6 for three minutes

10:56:19 each.

10:56:20 And I have to excuse myself.

10:56:23 I have a meeting with an individual, our office next door,

10:56:27 and Mr. Cohen, I will be back in about 15, 20, 30 minutes or

10:56:30 so.

10:56:34 >> My name is Betty Bale and I live in Highland Pines. My

10:56:37 address, 3003 Star Street, Tampa 33605.

10:56:43 Now, what I wanted to say has been said by Councilman

10:56:46 Reddick and all of you on the council.

10:56:48 So there is no use in saying it all over again.

10:56:51 But I also want to commend someone that is here today who

10:56:56 has for the past three and a half years been very hawkish

10:57:03 about the loud noise in the East Tampa neighborhood, and

10:57:06 that is Mr. Clay Daniels.

10:57:10 He has been at every meeting, everywhere he could go, and to

10:57:17 my house, talking about the loud music.

10:57:20 And I want everyone to know that he deserves a hand clap.

10:57:25 [ Applause ]

10:57:25 Thank you.

10:57:27 >>HARRY COHEN: Councilwoman Mulhern.

10:57:30 >>MARY MULHERN: I want to say thank you for recognizing Mr.

10:57:34 Daniels.

10:57:36 To me it's been six years that he has been the voice against

10:57:39 noise.

10:57:39 And I think he should feel good today because I think we are

10:57:43 finally getting somewhere.

10:57:44 >> Kelly Bailey, 2701 north 9th street.

10:57:56 I'm here today to speak on my own behalf as a resident who

10:57:59 lives along a major thoroughfare in VM Ybor, and I am also

10:58:03 speaking for Sherri Glensdale north 9th street but could

10:58:09 not be here.

10:58:11 Moving to my house about ten or eleven years but moved there

10:58:14 about six years ago, I understand that I would hear normal

10:58:17 traffic noise and council music coming from a moving

10:58:19 vehicle.

10:58:20 In reality, what I sometimes hear such eardrum blasting loud

10:58:24 music that I wonder how the occupants in the car can even

10:58:27 hear.

10:58:28 I know that was said by some of you.

10:58:32 Live in a two-story bungalow and the music and bass, I can

10:58:37 literally feel my house shake on a foundation and that's

10:58:40 when I am working on the home office which is the furthest

10:58:44 side of my house from Columbus.

10:58:45 I understand you are not able to regular ultimate what type

10:58:47 of music people play in these moving vehicles but many times

10:58:51 the choice of music played by these individuals is so vulgar

10:58:54 and contains so many expletives that I am concerned about

10:58:57 what my children and the other children in the neighborhood

10:58:59 are being forced to listen to.

10:59:01 Or hear.

10:59:02 I am asking you to do something on a local level to help

10:59:05 combat these noise issues, coming from moving vehicles, and

10:59:08 I would also like my rights as a citizen and a homeowner to

10:59:11 be held in higher regard than the individuals who violate my

10:59:15 peace and quiet.

10:59:16 And I know, I have to get going so I am going to very

10:59:18 quickly speak to number 7, if I may.

10:59:21 Regarding the present residences being rented out as bed and

10:59:25 breakfasts or other commercial uses, I would support this as

10:59:28 I think it would help to enhance visitors' experiences when

10:59:31 visiting Tampa.

10:59:32 But I am also envisioning a bed and breakfast as what you

10:59:36 would see in St. Augustine or Charleston when voicing my

10:59:39 support for that.

10:59:40 If you also support the usage, I would strongly encourage to

10:59:44 you draft the language of the ordinance governing bed and

10:59:47 breakfasts very tightly so that may not be exploited by

10:59:50 individuals who simply want to call their business a bed and

10:59:53 breakfast but instead are renting out rooms to low income

10:59:56 people while running a cash based business with no

10:59:59 accountability.

10:59:59 Also, please make serving an actual breakfast.

11:00:05 Thank you very much.

11:00:06 >> Judy Greer, 1314 east 15th Avenue.

11:00:14 So I am right next to Ybor.

11:00:15 But in VM Ybor.

11:00:19 A few years ago, I did look up some of the Web sites from

11:00:22 all over the country about how they dealt with the noise

11:00:27 statutes and whatever.

11:00:29 I can't remember the city.

11:00:30 I printed it all up.

11:00:32 I believe it might have been Indianapolis where they

11:00:34 actually impound the cars, legally impound the cars, first

11:00:37 offense.

11:00:38 And guess what.

11:00:39 Whatever city it is, there's no noise there anymore.

11:00:42 This is on a cop Web site.

11:00:44 In a noise at all.

11:00:46 No stationary.

11:00:48 That's fantastic.

11:00:49 And all of this is over arched by the noise control act of

11:00:53 1972 under the EPA, which is a federal statute.

11:00:57 It's not funded anymore.

11:00:59 It used to be funded.

11:01:02 But the funding is not there for the act anymore to enforce

11:01:06 it.

11:01:10 But obviously we have a federal overarching bill or whatever

11:01:16 you call it, act, that says, hey, liens, you can do whatever

11:01:21 you want to shut people up, because it was such a problem

11:01:25 then.

11:01:28 And then the quiet communities act of 1978 was again one of

11:01:32 the reinforcing things that went along with EPA.

11:01:38 But as somebody said let's just put it on the books.

11:01:42 Put it on the books and let object battle us.

11:01:45 Okay, let them go to all the expense and battle us, state

11:01:50 included.

11:01:51 If you don't like it, go after us.

11:01:53 All they have to do is spend their money.

11:01:56 And see what can be done on their behalf.

11:01:58 Well, anyway.

11:01:59 >>MARY MULHERN: Can I ask you a question?

11:02:04 Do you know if the federal -- what is it called, the noise

11:02:07 act?

11:02:07 >> It's called the noise control act of 1972.

11:02:11 >>MARY MULHERN: And the one after that was the quiet

11:02:13 communities act of 1978.

11:02:14 >>MARY MULHERN: So were either of those -- I'm trying to

11:02:17 figure out if we can also -- if we adopt the EPA -- I mean

11:02:24 that doesn't solve outside of those neighborhood.

11:02:27 The EPC.

11:02:29 I did not know anything about this.

11:02:31 >> It's strictly the federal one but obviously they had

11:02:33 problems for a long time, and there is an overarching

11:02:36 federal act that covers all this.

11:02:38 So we should be able to at least if the state comes after

11:02:42 us, a excuse me, the feds say we can do it.

11:02:45 >>MARY MULHERN: That's great information.

11:02:47 Thank you.

11:02:48 >>HARRY COHEN: Thank you.

11:02:50 >>> Good morning.

11:02:55 My name is Gladys Jackson.

11:02:57 I live at 2101 east 24th Avenue in Belmont Heights.

11:03:06 There's a sign saying that Belmont Heights is in Ybor City,

11:03:11 but the noise that we have to put up with over there is

11:03:13 outrageous.

11:03:19 They are going to say we violated these music peoples

11:03:22 rights.

11:03:22 What about our rights?

11:03:23 We have a right to lay down in the bed and go to sleep and

11:03:26 not be blared out of bed at 2:00 or 3:00 in the morning.

11:03:30 And rattle all of the windows shaking, and some of the music

11:03:37 they are playing is terrible.

11:03:38 Nobody wants to hear that.

11:03:40 Every other word is a cuss word.

11:03:42 And I feel that the police in 2004, they were able to write

11:03:54 tickets and it cleared it up in the neighborhood I used to

11:03:56 live in.

11:03:57 And I am wondering why they can't now.

11:03:59 Because even though these people know they can do it without

11:04:02 getting a ticket, they do it up.

11:04:06 They sit on my corner and Blair it up.

11:04:09 Every chance they get, because they know I was one of the

11:04:13 original people that complained about it.

11:04:15 And we definitely need you all to take into consideration

11:04:21 that we are being violated by the criminals, and the person

11:04:28 that own these cars, and why do they have more rights than

11:04:30 we do?

11:04:32 So that's all I have to say.

11:04:35 But I do wish that you all would take care of this because

11:04:42 it's getting really awful.

11:04:44 And we need your help.

11:04:46 Thank you.

11:04:46 >> Hi.

11:04:53 My name is Cynthia Hughes.

11:04:55 I live at 4506 29th street.

11:04:58 That's in East Tampa.

11:05:00 And I am the president of the College Hill neighborhood

11:05:04 crime watch.

11:05:06 And my crime watch is unique in that it is mostly seniors.

11:05:11 And Mr. Daniels has been coming to my crime watch meeting

11:05:15 for over three years.

11:05:17 And it's the same complaint.

11:05:19 And we as seniors -- and I will be 65 in May -- and we as

11:05:30 seniors, they scare us, and you wake up in the middle of the

11:05:33 night, the house is shaking, if you have an animal the dog

11:05:37 is barking or the cats are in fear, and it's not fair that

11:05:43 other peoples rights are upheld as being okay to violate

11:05:52 other people's rights.

11:05:53 So as a senior, I'm asking you to please consider that we

11:05:58 want to stay around as long as we can, and we don't want

11:06:01 them to scare us to death.

11:06:03 Thank you.

11:06:03 >>FRANK REDDICK: Even the chickens start running.

11:06:08 [ Laughter ]

11:06:08 >> Good morning, council members.

11:06:12 My name is clay Daniels, 3708 east 8th.

11:06:17 I have been talking with senator Simpson's office in

11:06:21 Tallahassee, we have been corresponding, and the bill, just

11:06:25 in case the bill does get passed, we need to wait.

11:06:28 And the problem is, I agree with Mr. Reddick, some

11:06:31 neighborhood, just in other neighborhoods, we are taking a

11:06:33 beating.

11:06:34 I have been complaining about this for the last ten years.

11:06:36 We can no longer let the hoodlums and the thugs take over

11:06:40 our neighborhood.

11:06:41 We are worried about being sued?

11:06:43 Sarasota already went ahead with the plan.

11:06:45 But we started a long time ago.

11:06:49 If you get three meters on each shift, what happens?

11:06:54 You have got three shifts.

11:06:55 Each meter in each district.

11:06:59 You will need more than three meters.

11:07:01 And you don't need the meters.

11:07:04 There needs to be 50 feet, and the officer says the music is

11:07:09 loud, it's loud.

11:07:10 If you can hear music five blocks away, you are in your

11:07:13 house, you know it's loud.

11:07:16 The convalescent home is complain being this noise.

11:07:22 East Tampa, West Tampa, South Tampa, New Tampa, all the

11:07:26 crime watch members are complaining about this noise.

11:07:29 We cannot let these thugs take over the neighborhoods.

11:07:33 They took over.

11:07:34 We cannot wait on the state legislature.

11:07:36 We don't need to wait.

11:07:37 We have waited long enough.

11:07:38 We need to get a law in place to control this law.

11:07:41 And what happens if it fails in the house and the Senate?

11:07:45 We are back to square one.

11:07:47 We need to find a way now to deal with this problem.

11:07:49 And please, summertime is coming.

11:07:54 Noise free Florida over in St. Pete, I have been working

11:07:56 with her.

11:07:59 The problem the worst in the summer.

11:08:03 We are going to be stay in our home.

11:08:06 I sleep with ear plugs on at night.

11:08:08 This is a problem.

11:08:09 And I am begging you all, don't wait on the legislature

11:08:11 because we don't know whether it's going to get passed or

11:08:14 not.

11:08:14 We need to do something now to contain this noise.

11:08:16 And I am begging you all to do something about it.

11:08:18 Now it's going to get any better.

11:08:20 And putting it on the back burner is not going to solve the

11:08:23 problem.

11:08:23 The legal department has been messing with this thing and

11:08:26 messing with it.

11:08:26 It's time to act now.

11:08:27 Thank you.

11:08:28 >>HARRY COHEN: Mr. Reddick.

11:08:36 >>FRANK REDDICK: Well, Mr. Chair, let me say that I agree

11:08:40 with the speaker pertaining to the legislative process,

11:08:42 because anyone that understands how things operate in

11:08:45 Tallahassee, it might pass in one committee, but still

11:08:53 there's going to be debate on the floor, and reached the

11:08:57 floor and watered down, and for a bill that passes, it is

11:09:00 watered down and so I understand that, and I am not willing

11:09:09 to wait to see what happens in Tallahassee, because it

11:09:16 depends, too much control of that bill will depend on the

11:09:19 Senate president, or the Speaker of the House, whether they

11:09:22 will bring it up for debate.

11:09:24 So just because they are committed doesn't guarantee it's

11:09:27 going to come before the floor.

11:09:29 And then, you know, into April, that's one month, and they

11:09:38 have completed the budget process, so that's just the

11:09:48 process.

11:09:49 But let me just say this.

11:09:52 I support the staff recommendation, and I also want to

11:10:00 support what the speaker said, I can support it and make a

11:10:13 motion that we accept staff recommendation, the limitation

11:10:17 of 50 feet as the boundary.

11:10:19 >> Second.

11:10:21 >>HARRY COHEN: We have a motion and a second.

11:10:23 Discussion on the motion.

11:10:24 Mr. Suarez is first and then Mrs. Mulhern.

11:10:26 >>MIKE SUAREZ: Thank you, chair.

11:10:28 I think obviously from all of the discussion that we have

11:10:30 had from the neighborhoods and also from Rebecca Kert, in

11:10:34 terms of some of the balance that we have to come up with, I

11:10:37 agree with Mr. Daniels, it has been too long for us to have

11:10:40 to deal with this.

11:10:42 However, I do think that trying to regulate right now on a

11:10:46 state issue, meaning the moving vehicles, is only going to

11:10:51 make bad law and make it worse for us to come back again.

11:10:55 We don't want it to get back into court and having to wait

11:10:58 another 18 months before the Supreme Court -- because I tell

11:11:01 you what, you might not want to wait on the legislature but

11:11:05 you sure don't want to wait on the Supreme Court.

11:11:08 It took 18 months to decide, and we had to wait to determine

11:11:12 whether we could go forward.

11:11:14 But making bad ordinances on top of bad laws is bad way of

11:11:18 dealing with these issues.

11:11:20 Now, having said all of that, I do think that there may be a

11:11:23 way -- and Mrs. Kert might be able to put this as part of

11:11:26 the motion, Mr. Reddick -- and I ask as a friendly amendment

11:11:31 to look at some of the ideas that were presented to us.

11:11:34 One of the things that was told to us was something that was

11:11:38 going on in Indianapolis.

11:11:39 I'm not sure if it's Indiana state law or Indiana ordinance.

11:11:44 I would like to find out more about that.

11:11:46 Because if there is a way that we can impound cars, when

11:11:50 people are actually breaking our ordinance, I think that

11:11:55 would be a great deterrent to people actually breaking the

11:11:59 ordinance.

11:12:00 So I'm supporting the motion, Mr. Reddick.

11:12:04 I'm supporting going forward.

11:12:06 And I think that based on what you have said, you know, we

11:12:09 are going to try to find something to solve this problem.

11:12:12 And I hope that we can direct in addition Mrs. Kert to look

11:12:17 at those other ordinances and find out if it will fit into

11:12:21 what we are trying to do here.

11:12:23 Thank you, chair.

11:12:23 >>HARRY COHEN: Thank you, Mr. Reddick.

11:12:28 >>MARTIN SHELBY: I'm sorry, I wanted to make it clear that

11:12:30 Mr. Reddick accepted the friendly amendment?

11:12:33 >>FRANK REDDICK: Yes.

11:12:34 >>HARRY COHEN: Why don't we ask her to do that once the

11:12:41 other council members had their say?

11:12:43 Because there may be additional items that need to be

11:12:45 incorporated.

11:12:48 Ms. Mulhern.

11:12:49 >>MARY MULHERN: Thank you.

11:12:50 Since this is the opportunity for us to actually ask for all

11:12:55 of these things to come back, I have a request to add that

11:13:03 if legal could come back with language that, you know, we

11:13:08 may need to discuss it further, but if council agrees to it

11:13:12 that we could include in the ordinance to remove the

11:13:16 exemptions for Ybor beings downtown, and Channelside, from

11:13:21 the county EPC noise ordinance, because I think anything we

11:13:24 can do -- and we heard from someone in Belmont Heights who

11:13:32 said she suffers from the noise from Ybor City.

11:13:35 So if there's anything we can do to reduce the noise in

11:13:40 those neighborhoods, I don't see why we shouldn't do that in

11:13:43 this case.

11:13:44 >>REBECCA KERT: If I may maybe make a recommendation on the

11:13:49 motion rather than having me draft the county administrative

11:13:56 rules --

11:13:57 >>MARY MULHERN: Remove the exemption is what I meant.

11:14:00 >>REBECCA KERT: Right.

11:14:01 I can't do that.

11:14:05 Consider revising your ordinance, and I can bring that back

11:14:08 to you, and then if that's what City Council wants to do, we

11:14:11 can contact EPC and discuss it then about revising --

11:14:20 >>MARY MULHERN: Right, I guess that's what I'm asking.

11:14:24 The ordinance to be in line with -- with the EPC's rule

11:14:31 actually accepts the county's rule?

11:14:37 >> Yes, they do.

11:14:37 And I am having to talk with them.

11:14:39 They measure differently than we do.

11:14:41 Just in looking at what we do, it appears that EBAs

11:14:49 residential areas are ones you currently have in place, but

11:14:52 they also measure -- it's a little bit apples and oranges in

11:14:57 how they measure and how we measure.

11:14:59 But right now, right now, they have exempted the city in

11:15:04 their areas so the area is free to accept what the city

11:15:08 wants in those three areas.

11:15:11 >>MARY MULHERN: So we can do that?

11:15:13 >>REBECCA KERT: Yes.

11:15:14 >>MARY MULHERN: So I guess my wording would be to -- I

11:15:18 guess whatever we pass today, or ask you to draft today,

11:15:24 that all neighborhoods, the entire city be included in it.

11:15:27 And that would solve this, right?

11:15:35 >> I believe that would get you where you want to be.

11:15:38 >>HARRY COHEN: Mrs. Capin and then Mr. Suarez.

11:15:41 >>MARY MULHERN: I don't think that's a change, Mrs. Kert.

11:15:46 Then you don't need to add anything to the motion, right?

11:15:48 Because nothing is exempted for what we are asking for,

11:15:53 right?

11:15:53 I guess that's what I am asking for, that the whole city --

11:15:58 >>REBECCA KERT: You would need to say what you just said.

11:16:00 >>MARY MULHERN: So that's a friendly amendment.

11:16:06 Acceptable?

11:16:06 >>HARRY COHEN: Just a minute.

11:16:09 I have Mrs. Capin and then Mr. Suarez.

11:16:12 You are next.

11:16:12 Go ahead.

11:16:16 >>YVONNE CAPIN: Actually, I would like to hear.

11:16:20 >>MIKE SUAREZ: I appreciate that.

11:16:22 I think maybe that should be a separate motion first of all,

11:16:25 because if I am correct, Mrs. Kert, if you can help me out

11:16:29 with this, what Councilman Mulhern is asking for, we will be

11:16:36 back to measuring with a sound device, correct?

11:16:41 As opposed to it being plainly audible?

11:16:44 >>REBECCA KERT: What I heard Mrs. Mulhern say -- and this

11:16:48 may not be what you said -- but what I heard you say is that

11:16:53 you were requesting that the changes that I was recommending

11:16:59 with the lower decibel levels for the rest of the city, and

11:17:03 to the plainly audible standard, be city-wide, and you no

11:17:07 longer have a separate standard for downtown, Channelside

11:17:13 and Ybor.

11:17:13 >>MIKE SUAREZ: I wanted to make sure we were clear about

11:17:16 that because I didn't want to go backward.

11:17:18 The EPC standard is that we are still measuring.

11:17:23 Then it goes against --

11:17:25 >>MARY MULHERN: You both helped me figure out what I was

11:17:27 trying to say.

11:17:28 I think we are good.

11:17:29 Nothing to do with EPC.

11:17:30 It's to do with our new ordinance.

11:17:32 >>HARRY COHEN: Councilwoman Capin.

11:17:44 >>YVONNE CAPIN: I think with the questions I'm satisfied.

11:17:45 >>HARRY COHEN: Councilman Montelione.

11:17:49 >>LISA MONTELIONE: Correct me if I am wrong, Mrs. Kert, but

11:17:51 the exception or the difference in the standard for Ybor and

11:17:55 Channelside and downtown was because -- and I to use the

11:18:02 correct term -- not an entertainment area but areas in which

11:18:07 we encourage outdoor music festivals, and those types of

11:18:11 activities.

11:18:12 I bring up perhaps maybe the music festival that occur and

11:18:20 this is the second annual, and I assume it would be an

11:18:23 ongoing event.

11:18:24 Any of the festivals, the fun festival, coming up at some

11:18:29 point in time.

11:18:30 And if we apply those standards to the downtown area, would

11:18:40 that then inhibit the ability for these festivals and these

11:18:43 types of programming activities that we are looking to

11:18:46 embrace in the downtown, Channelside and Ybor area?

11:18:52 So I have a concern with on the one hand trying to promote

11:18:55 an active, lively downtown with festivals and concerts and

11:19:00 other types of programming activity in those areas with

11:19:07 applying a residential standard that you would find in the

11:19:15 city.

11:19:16 >>REBECCA KERT: Assistant city attorney.

11:19:19 You currently have in your regulation exemption from your

11:19:22 current noise ordinance, and they are not content, they are

11:19:26 exemptions based on basically content in manner, noise like

11:19:32 a sports arena.

11:19:34 If you live next to a sports rein you should not be

11:19:37 surprised to hear noise.

11:19:38 There are also exemptions for festivals occurring in parks

11:19:42 that are approved by the Parks and Recreation Department of

11:19:45 the city.

11:19:48 And emergency vehicles and similarly --

11:19:55 >>LISA MONTELIONE: CSX railroad tracks.

11:19:58 Okay, that satisfies me.

11:19:59 But I want to make sure that Pa that was clear.

11:20:02 Thank you.

11:20:02 >>HARRY COHEN: Let me just say something, because I have

11:20:04 not spoken yet on this.

11:20:05 First, just two points that council members have made.

11:20:08 The first is related to what the legislature will or will

11:20:13 not do on the motor vehicle issue.

11:20:15 My sense is that by the time the legal department comes back

11:20:18 to us with draft language for this ordinance, which will

11:20:21 take probably two or three weeks, by then, we will have a

11:20:25 much better sense of whether or not the legislature is

11:20:28 actually going to pass something or not.

11:20:30 So it's not a situation of putting it off for months and

11:20:34 months.

11:20:34 They have 30 days left in their session.

11:20:36 They are either going to do something or they are not.

11:20:38 It's going to happen relatively quickly.

11:20:40 The second thing is that on Councilwoman Mulhern's

11:20:44 amendment, I think that is something when we start examining

11:20:49 the language, we are going to need to hear from the public

11:20:52 on.

11:20:53 We are going to have to have a discussion about whether or

11:20:56 not we still want to have areas of the city that have

11:20:59 different regulations than others.

11:21:01 We may decide after hearing from everyone that we want to

11:21:05 leave it alone.

11:21:05 We may decide we want to tweak it.

11:21:08 We may decide we want to have a uniform standard for

11:21:11 everybody.

11:21:11 But I think to make that decision now without the public

11:21:13 having a chance to weigh in and without Mrs. Kert being able

11:21:17 to go back and sort of examine the different language

11:21:20 options that we might have, might be premature.

11:21:23 I certainly am supportive of looking at it as part of the

11:21:26 comprehensive examination of our noise ordinance.

11:21:31 >>MARY MULHERN: That's fine with me.

11:21:33 I think that's what I was trying to say at first, was to

11:21:36 bring that back as an option so that we are going to have a

11:21:41 public hearing.

11:21:42 Are you saying you think we should have a workshop?

11:21:45 >>HARRY COHEN: Well, I guess I was saying is that when Mrs.

11:21:48 Kert brings us back language, there will have to be two

11:21:50 public hearings on the ordinance, and we can talk about it.

11:21:55 >> Right.

11:21:57 This is what I am saying.

11:21:58 That is what I was starting to say in the first place.

11:22:00 Come back with the language, you would have that as an

11:22:02 option, because I know --

11:22:05 >>REBECCA KERT: Just a procedural matter.

11:22:07 Your first reading is not a public hearing except in land

11:22:10 use.

11:22:10 The land use area.

11:22:11 So if you would like me to bring back options, you should

11:22:15 probably have it scheduled understood a staff report.

11:22:17 >>HARRY COHEN: Thank you for that.

11:22:18 >>MARY MULHERN: Maybe that's the motion I need to make,

11:22:21 after --

11:22:26 >>HARRY COHEN: Councilman Reddick's motion is the one we

11:22:28 have all been discussing here.

11:22:30 And I believe that it's going to incorporate the elements

11:22:33 that Mr. Suarez and Mrs. Mulhern mentioned.

11:22:35 It sounds as though the best thing to do would be to bring

11:22:38 it back for a staff report.

11:22:39 >>FRANK REDDICK: And like to do that on April 18 at

11:22:43 9:00 a.m. under staff reports.

11:22:45 >>HARRY COHEN: We have a motion for a staff report on April

11:22:50 18th.

11:22:52 It's already been seconded.

11:22:53 >>MARTIN SHELBY: That is not to be set for first reading

11:23:00 consideration.

11:23:00 >>HARRY COHEN: Right.

11:23:03 All those in favor please indicate by saying aye.

11:23:05 Opposed?

11:23:07 Okay, motion passes.

11:23:08 We will come back to that on April 18th.

11:23:11 We are going to move on now to item 7.

11:23:13 Item 7 is an item that I had asked to be originally --

11:23:21 >>LISA MONTELIONE: Before we move on, if there's anyone

11:23:23 here in the audience I would like them to know that we are

11:23:26 continuing -- numbers 8 and 9.

11:23:29 So if they are here to speak for numbers 8 and 9 they are no

11:23:33 longer required.

11:23:34 >>HARRY COHEN: That's right.

11:23:35 We are going to get to that.

11:23:37 Thank you for that.

11:23:37 Item 7 should take us a little while to get through.

11:23:43 This item is really the combination of a couple of separate

11:23:47 issues that have come before us.

11:23:50 And Mrs. Coyle and Julia Mandell, who may or may not be

11:23:56 coming down, are going to give us some options for dealing

11:23:58 with this.

11:23:59 But this really arose out of three separate issues.

11:24:04 The first were some comments that were made to me by some

11:24:09 citizens on Davis Islands.

11:24:11 Some of them are here today regarding private homes being

11:24:15 rented out for special events, basically outside of the

11:24:21 city's business regulation, and outside of our ordinances

11:24:25 covering how long, what the minimum period of time for

11:24:29 rental is.

11:24:30 Another issue that came up separately came up from some

11:24:33 houses in West Tampa that were concerned about neighboring

11:24:39 houses being rented out for parties, houses would get

11:24:43 trashed, and then the renters would be gone long before

11:24:46 anybody had a chance to actually deal with it.

11:24:49 And then the third item, which related to bed and

11:24:51 breakfasts, is really sort of ancillary, but that is that

11:24:56 you are never going to be able to have bed and breakfasts be

11:25:00 able to set up and operate legally if they are in

11:25:03 competition with all sorts of private homes that are going

11:25:06 up and down in terms of being able to rent out the house for

11:25:12 a wedding, or a private party outside of our regulations.

11:25:17 So with that, Ms. Coyle is going to talk to us a little bit

11:25:21 about our options for dealing with this.

11:25:22 My understanding is that the state gives them some

11:25:25 guidelines on how we might proceed.

11:25:28 >>CATHERINE COYLE: Planning and development.

11:25:31 Timing was pretty fortunate on this.

11:25:32 The documents that I had passed out is really part of the

11:25:35 state statute dealing with public lodging establishments.

11:25:40 The regulations and licensing requirements and the

11:25:43 enforcement for that particular type of license at the state

11:25:46 level.

11:25:47 When I say timing is everything on this, I had actually

11:25:50 pulled these definitions because the rooming house

11:25:52 regulations we were looking at, they are covered under the

11:25:56 same statute.

11:25:57 And you actually had this document a couple months ago.

11:25:59 But from a totally different vantage point.

11:26:02 What's interesting is, in our current rules, in the zoning

11:26:06 code, a dwelling unit is what is typically your living area,

11:26:11 bathroom, and your kitchen facilities, in one space.

11:26:15 We have a requirement, the dwelling unit is rented out or

11:26:21 leased out or occupied on a weekly or longer basis.

11:26:24 That's what's covered under our definition as far as time

11:26:27 frame.

11:26:27 We looked back to find out where that really came from, that

11:26:30 weeklong time frame or longer, and the definition is at

11:26:35 least been there since '86, 87, if not before.

11:26:40 It doesn't quite jive with the exemption under the state law

11:26:43 for the public lodging establishments.

11:26:45 The exemptions for the public lodging establishment lie

11:26:50 accepting requirement -- and just to give you a little

11:26:54 background, the public lodging establishment definition, and

11:26:56 the licensing for those covers all manner of things, whether

11:27:00 it's transient or nontransient, occupants, covers hotels,

11:27:06 motels, vacation rentals, can cover rooming houses if they

11:27:09 are not the full residence of the occupant.

11:27:13 There's nine different options for exemptions.

11:27:17 But their time frame typically is a 30 day window.

11:27:24 So we don't quite jive as far as the time frame.

11:27:26 So my ultimate recommendation is to move our dwelling unit

11:27:30 to the 30-day.

11:27:33 30 day is one calendar month, whichever is less.

11:27:37 Now, what's interesting is, as a transient public lodging

11:27:41 establishment, which is renting for even just advertising

11:27:46 for letting out this unit, if there is less than 30 days of

11:27:50 one calendar month, whichever is less, and it says or held

11:27:53 out to the place publicly rented to guests, and I think what

11:27:57 you will hear probably is they are on these Web sites and

11:27:59 advertised for long weekends continually, the exemption for

11:28:03 that, that unit, if it's less than -- I'm sorry, more than

11:28:09 30 days, but as a transient establishment, you are supposed

11:28:13 to be licensed.

11:28:15 And just so you know for enforcement purposes, at the state

11:28:18 level it is considered a second degree misdemeanor, if you

11:28:21 do not have a license as a public lodging establishment.

11:28:24 So if you have this as a rental home and you are renting it

11:28:29 out, per our code, week or longer, but you are doing it

11:28:33 regularly, and it's advertised that way regularly, you are

11:28:36 potentially renting afoul of the state licensing

11:28:39 requirement, which if you look on page 3, understood

11:28:43 509.241 -- that's why I highlighted it -- says it shall be a

11:28:50 second degree misdemeanor, local law enforcement shall

11:28:55 provide immediate assistance in pursuing an illegally

11:28:59 operating establishment.

11:29:00 >>HARRY COHEN: I have some council members that already

11:29:02 have some questions.

11:29:03 Councilwoman Montelione and Councilman Suarez.

11:29:05 >>LISA MONTELIONE: Mrs. Coyle, you did bring up the Web

11:29:09 site.

11:29:10 And I'm familiar with these types of arrangements in other

11:29:14 cities because I myself have taken advantage of these types

11:29:18 of arrangements in other cities, and not just as a rental

11:29:22 agreement, but I also belong to the couch surfing network,

11:29:29 so if people are not familiar with the couch surfing

11:29:31 network, it is the ability to find lodging in other cities

11:29:39 where you are not paying for the lodging, and no meals or

11:29:47 breakfast anything, guaranteed, it may be provided, it may

11:29:51 be not, and although it says couch surfing, you can seek out

11:29:55 your own opportunities, and I don't sleep on people's

11:29:58 couches.

11:29:58 It's generally a room in their house.

11:30:01 But it is not free of charge.

11:30:03 People are vetted.

11:30:05 You have to be vouched for in order to stay in someone's

11:30:08 house and it's expected that you allow your house to be used

11:30:11 as well.

11:30:11 I have never hosted anyone.

11:30:13 But that is the expectation.

11:30:18 So in other cities, these types of arrangements are

11:30:22 permitted, I would assume.

11:30:24 It's been around for many, many years, and in fact you

11:30:29 mentioned there's one Web site.

11:30:32 I'm hesitant to even say the name of the Web site, but it is

11:30:36 public records since it's in my notes, that there are many

11:30:41 places in the City of Tampa are listed.

11:30:47 The difference for me -- there's a lot of things that come

11:30:50 up here, is one, I'm sure none of these people realize that

11:30:53 they are running afoul of the state law, and that they

11:30:56 should be licensed, and they could be subject to a class 2

11:31:02 misdemeanor offense.

11:31:04 And there are also different types of arrangements that are

11:31:07 listed.

11:31:07 So, for instance, one is an entire house where the owners

11:31:12 are world travelers themselves, often are not in the home

11:31:17 that is located here in Tampa, and they advertise that you

11:31:21 can have one room or you can have the whole house and goes

11:31:27 into great detail.

11:31:28 So to me, that's a regular ongoing business, because

11:31:32 generally they are not home.

11:31:35 They are not at the property when others are renting either

11:31:40 the room or the whole house.

11:31:44 The other type of situation is where the owners are home,

11:31:48 which to me is more similar to the T how the couch surfing

11:31:52 network is.

11:31:52 The owners are home.

11:31:53 And they like to have people from other places, you know, or

11:31:58 around the world come and enjoy an experience with that

11:32:02 person.

11:32:02 So it's more of a social type of arrangement and less of a

11:32:12 business type of arrangement.

11:32:14 So those folks may have a small apartment or home in Davis

11:32:23 Island, or it may be Ybor City, or it may be Channelside, or

11:32:29 any other neighborhood within the city, Seminole Heights,

11:32:33 you know, because of the nice bungalows that are there and

11:32:37 historic properties, and that to me is a different type of

11:32:40 arrangement than having the hold house available.

11:32:44 So are all of these people in violation of the state law?

11:32:48 And I want to say that so that they know and are put on

11:32:52 notice, if they weren't aware before, maybe our newspaper

11:32:56 friends can help get the word out that, yes, you may be in

11:33:00 violation of state law.

11:33:01 >> I don't work for the state.

11:33:04 I'm not a state attorney.

11:33:07 I wanted to bring these to your attention.

11:33:09 And I think ultimately what it is -- and I understand

11:33:12 there's a lot of issues with even big events that come in,

11:33:15 when the Super Bowl comes into town and people rent out

11:33:18 their houses for a week at a time or just a few days at a

11:33:20 time, and then they go somewhere else because they don't

11:33:23 want to deal with the traffic and having else that's coming

11:33:25 to town.

11:33:25 I think ultimately, it boils down to what is a policy

11:33:30 decision of City Council, and then whatever that policy wind

11:33:35 up being, we need to look at the underlying codes.

11:33:38 Because what we are dealing with in single-family homes in

11:33:42 residential single-family zoning district is what can you

11:33:47 use that for?

11:33:48 The underlying permit in our code is you use it by

11:33:55 definition, at least seven days of occupancy, but it is some

11:33:58 places not transient.

11:34:01 That's your living unit.

11:34:02 It is not a commercial business, nor should it be.

11:34:05 It a single-family district, place that people live.

11:34:09 Like I said, our definition of just the dwelling unit is the

11:34:12 week or longer.

11:34:14 The exemptions under state law to have this public lodging

11:34:17 establishment license is the 30-day window.

11:34:21 And I think that's where the rub comes for that policy

11:34:25 decision, is embedded in all your single-family district

11:34:28 around the city.

11:34:29 If you want to allow something I highlighted the vacation

11:34:39 rental.

11:34:40 We could talk about that and how to actually make that work.

11:34:43 You want to hear from the public on that, because the vast

11:34:46 majority of the city is single-family.

11:34:49 And zoning pattern.

11:34:50 And that would potentially allow us in a lot of places.

11:34:54 You can come up with, if this is the direction you want to

11:34:57 go for allowing these single-family districts to have their

11:35:01 homes rented out on a regular basis, shorter than that

11:35:06 30-day window, then you may want to come up with a special

11:35:10 use permit for it or some other type of permitting process

11:35:14 so at least it's reviewed.

11:35:15 And then we know that it's actually happening.

11:35:20 I hate to actually add process.

11:35:22 But that's kind of the rub where with it right now.

11:35:25 I think that's what we are hearing from the complaints from

11:35:27 the code enforcement and from the neighborhoods is houses

11:35:30 doing that, short he than the seven days that we actually

11:35:33 have on the books right now.

11:35:35 We are also faced with, and Mr. Mueller is here, too, from

11:35:44 because you see the advertisements on the web, and it's very

11:35:46 difficult for us to go out and, you know, is essentially

11:35:52 take these particular places and watch them 24 hours to see

11:35:55 if cars are coming and going and transport vehicles from the

11:35:58 airport and-on.

11:35:59 We get pictures, we get notices from the neighborhoods that

11:36:04 it's happening, but we actually have to go forward in front

11:36:08 of the magistrate or code barred to actually get these

11:36:11 places, ultimately found in violations.

11:36:16 It's just part of the rub with it.

11:36:18 So I wanted to make sure that you had these definitions, at

11:36:21 least from the state perspective, and that the 30-day window

11:36:25 seems that something that could logically be matched up.

11:36:29 Also, it's a policy decision.

11:36:31 What should be allowed?

11:36:34 >>LISA MONTELIONE: I think there's a material difference

11:36:36 between the complaints that we heard of people renting out

11:36:38 their houses for parties as opposed to, you know, what I see

11:36:43 where you have a nurse at a major hospital who is from an

11:36:53 area of the country where they are a little more

11:36:57 progressive, and allow those types of things where she moved

11:37:02 from before she came here to Tampa to work at this major

11:37:05 hospital, or university student who also, you know, has the

11:37:11 idea that accommodating people from other parts of the

11:37:14 country or other parts of the world would be an experiential

11:37:20 type of environment and welcome people into her home to --

11:37:26 >> Well, you can have up to four unrelated people in your

11:37:29 home.

11:37:29 >> But for rental?

11:37:32 >>CATHERINE COYLE: Yes.

11:37:33 I mean, if you are the owner, that's fine.

11:37:35 >>LISA MONTELIONE: For how long?

11:37:40 >>CATHERINE COYLE: I don't know that it really matters, if

11:37:42 you are living there.

11:37:43 >>LISA MONTELIONE: I want to make sure we don't

11:37:47 criminalize, or these individuals aren't penalized and their

11:37:51 practices.

11:37:55 >>CATHERINE COYLE: Our definition of family is up to four

11:37:57 unrelated people.

11:37:58 So you can have four -- if I rented a room to a friend of

11:38:09 mine that's not related to me, and it is what it is.

11:38:11 >>LISA MONTELIONE: I wanted to make that distinction that

11:38:18 there is a big difference between what some of the things we

11:38:21 see on the Internet and advertised and what we are talking

11:38:26 about renting houses for parties, and then those folks

11:38:32 moving on and trashing the neighborhood.

11:38:37 >>CATHERINE COYLE: What I see some of the houses and some of

11:38:38 the bigger ones in certain areas, maybe a wedding or

11:38:41 something else, but isolated incidents on that particular

11:38:46 piece of property.

11:38:47 That's just saying, hey, they rented it out for this wedding

11:38:50 and it's not a business, but coupled with that they are

11:38:53 renting it out every single weekend, we are seeing people

11:38:56 come in from the airport in travel vans and there's nobody

11:39:00 living there.

11:39:00 So that premises is actually becoming something that's

11:39:05 constantly turned over for either longer stays of two,

11:39:08 three, four days, a week, and also other functions, which

11:39:13 for me, that's the basic rub.

11:39:16 That is a single-family home and a single-family district

11:39:18 being used more like a public lodging establishment, a

11:39:23 business, where it's continually overturned, and that's part

11:39:26 of the policy decision that we need to make here.

11:39:29 >>HARRY COHEN: Mr. Suarez.

11:39:29 >>MIKE SUAREZ: Thank you, chair.

11:39:32 And thank you, chair, primarily for the way you presented

11:39:36 this discussion.

11:39:36 I mean, there are three distinct areas in which we need to

11:39:40 determine.

11:39:42 Ms. Coyle, can you come back up to the podium?

11:39:45 I don't know why you guys always get down from the podium.

11:39:48 If I don't want to talk to you, I'll say get back and sit

11:39:52 down.

11:39:52 >> Sorry.

11:39:54 >>MIKE SUAREZ: That's okay.

11:39:56 You have been doing most of the talking.

11:39:59 Let's interact with you here.

11:40:02 We have bed and breakfasts

11:40:05 Those areas in which people are renting out their

11:40:08 single-family home for lodging.

11:40:09 And then the third thing which is those single-family homes

11:40:12 that are being rented out for parties and other events.

11:40:15 Okay.

11:40:23 This language from the state statute is extremely broad from

11:40:26 those definitions.

11:40:27 I think this and what you presented to us, it goes directly

11:40:29 to what we are talking about with bed and breakfasts.

11:40:33 Let's talk a little about bed and breakfasts first and keep

11:40:37 to the bed and breakfasts, okay?

11:40:39 When we are talking about bed and breakfasts, we can come up

11:40:41 with an ordinance that then makes it more restrictive in

11:40:44 terms of the 30 day.

11:40:45 We can make it less.

11:40:46 We can make it five days.

11:40:48 We can make it six days.

11:40:49 Whatever it may be, correct?

11:40:50 >> In theory.

11:40:56 But what I want to reiterate to you as a body, I think there

11:41:01 was an idea, or a complaint along the way somewhere that we

11:41:04 didn't allow bed and breakfasts in the city which is

11:41:07 actually not true, but a bed and breakfast is in the use

11:41:12 table, just not in the single-family district.

11:41:15 And that's part of the policy decision, will you allow --

11:41:19 >>MIKE SUAREZ: Hang on a minute.

11:41:21 Why don't we go back to my line of questions and then we can

11:41:24 go back to your discussion about what you want to talk

11:41:26 about.

11:41:27 In terms of the state law, I want to get more specific here.

11:41:32 Under state law we can write an ordinance that then talks

11:41:34 about bed and breakfasts in terms of where they are located,

11:41:39 in terms of this time that they have, but also use this

11:41:43 definition in terms of licensing to include that for bed and

11:41:49 breakfasts, correct?

11:41:50 Because it does fit, based on my reading of it, it does fit

11:41:54 within that long definition of what a bed and breakfast is.

11:41:58 >>CATHERINE COYLE: You, City Council, as a legislative body

11:42:02 and as a policy maker, you get to decide where uses are

11:42:07 allowed.

11:42:08 You also get to define them in line with the state law.

11:42:14 But you can define what those really mean for your

11:42:17 community.

11:42:17 Whether or not they have to be licensed by the state is

11:42:20 really a state issue, and whether or not we have enforcement

11:42:23 with them.

11:42:23 >>MIKE SUAREZ: Hang on a second.

11:42:29 The question I am having is this, that we can now regulate,

11:42:33 or we can the ability based on this state statute to

11:42:35 regulate the bed and breakfasts as we see fit, where they

11:42:41 are at and describe what a bed and breakfast is within these

11:42:44 parameters, correct?

11:42:46 >>JULIA MANDELL: There's no preemption here in terms of

11:42:49 that regulation.

11:42:53 The state regulation, the city can regulate --

11:42:56 >>MIKE SUAREZ: Just a minute.

11:42:57 I know it's not a preemption.

11:42:59 It is a standard.

11:42:59 It is a definition as to what we mean by lodging.

11:43:05 Again, my question goes back to, we can regulate and put an

11:43:10 ordinance together which describes what bed and breakfasts

11:43:13 are.

11:43:14 In this definition, because I think we can fit it within

11:43:18 that.

11:43:18 We can make a decision as to where they are allowed, okay?

11:43:21 And we can also use the licensing portion of this, that they

11:43:28 have to be licensed already, under state law.

11:43:31 And we can mention that within our own ordinance, that they

11:43:34 have to be licensed per this state law beings correct?

11:43:37 >>JULIA MANDELL: The only answer I want to give to your

11:43:41 question other than yes is to say I don't know that we know

11:43:44 exactly if bed and breakfasts have a separate licensing

11:43:48 provision of the state or not.

11:43:50 And so the caveat would only be whether or not -- the caveat

11:43:55 saying they do.

11:43:57 So the answer given that --

11:43:58 >> That goes back to what my original question was of Cathy.

11:44:03 You have given us this portion.

11:44:04 There's another statute that regulates specifically to bed

11:44:08 and breakfasts.

11:44:09 Is that what you are saying or no?

11:44:13 >>CATHERINE COYLE: That was my answer in the beginning when

11:44:14 you asked whether or not we can specifically regulate bed

11:44:17 and breakfasts in line with this.

11:44:19 As a separate board.

11:44:20 You have the ability to define these uses, and --

11:44:24 >> I am familiar about what we can and can't do.

11:44:29 >>CATHERINE COYLE: All these regulations do at the state

11:44:31 level is decide whether or not they have to have a license

11:44:33 from the state.

11:44:34 Where we differ, if you look at these four, if you look

11:44:37 specifically at the bed and breakfast definition, where we

11:44:42 truly differ is the number.

11:44:45 It says 15 room.

11:44:47 Ours is 12.

11:44:48 That's where we really differ.

11:44:51 You have to have a license when you are 15 or more,

11:44:53 essentially, under the state law.

11:44:56 If you are 12, 13 or 14, you may have to be in a certain

11:45:00 district in ours, but you may not have to have a license

11:45:03 from the state.

11:45:04 That's kind of the difference.

11:45:05 That's why when we are looking at these definitions, we may

11:45:08 want to bring them in line a little bit more with the

11:45:11 numbers from the state level, from the state regulation.

11:45:15 That's so we don't have two different standard if we want to

11:45:22 tear up enforcement.

11:45:23 But you can choose to where to put them.

11:45:25 You can choose how they are formed and where to put them.

11:45:29 >>MIKE SUAREZ: We understand that.

11:45:30 But the only question I had, and you answered it, I wanted

11:45:33 to make sure that what we can do is within these parameters

11:45:37 that there's nothing that preempts us from state law, and

11:45:44 Ms. Mandell just mentioned that.

11:45:46 We are finished with bed and breakfasts.

11:45:48 Let's take it off our plate and clear our palate on this.

11:45:54 One of the other aspects that Mr. Cohen had mentioned was

11:45:57 about those rentals that are used for parties, and let's

11:46:01 talk about that for a moment.

11:46:03 And based on everything we have heard are single-family

11:46:07 homes.

11:46:10 It sound like it's pretty broad.

11:46:14 There is no definition that I found -- and maybe I am

11:46:17 wrong -- that describes essentially what these uses are in

11:46:20 these neighborhoods.

11:46:21 Meaning it is temporary, it is usually probably not

11:46:25 considered lodging.

11:46:27 I mean, I think --

11:46:29 >> This is truly lodging.

11:46:31 >>MIKE SUAREZ: This has no control over what we can now

11:46:33 look forward to or do as a council to determine an ordinance

11:46:38 dealing with those types of homes where they are reigning it

11:46:43 out, let say, for a night, and making a venue as opposed to

11:46:47 a single-family home for that particular night.

11:46:50 And as you have mentioned, you have got Web sites all over

11:46:53 this place, talking about use this home as a place to have

11:46:58 your wedding and they may use it for eight hours or whatever

11:47:01 the number of hours it is.

11:47:02 I mean, they are not going to lodge as far as I know.

11:47:05 They may sleep there, and we don't know about that.

11:47:08 But that's a separate issue.

11:47:10 And this state statute has absolutely nothing to do with it

11:47:14 for the most part, is that correct?

11:47:16 >> Right.

11:47:16 Our regulations for use purposes kind of already deal with

11:47:20 that, if you have a location that is continually rented out,

11:47:22 really from a commercial perspective for a place of assembly

11:47:26 or that type of potentially a private recreational facility

11:47:30 or general place of assembly.

11:47:32 >>MIKE SUAREZ: It's different from what we are talking

11:47:44 about here.

11:47:45 So the only as part of our current ordinances -- and you

11:47:50 said in the terms of land use -- is there anything else that

11:47:53 we can do to put on the books not only land use but also as

11:47:59 an ordinance that says, no, can't do this, and I won't say

11:48:04 the misdemeanor or anything like that, and not to

11:48:07 criminalize it but that you can't do this primarily because

11:48:12 you are holding yourself out at one thing, in a

11:48:15 single-family home, you cannot be what you are holding

11:48:19 yourself out to be.

11:48:24 It's against land use but could also be against our own land

11:48:27 ordinance.

11:48:27 >> It goes back to the premise of what that zoning

11:48:30 classification allows, and N that range of uses, and whether

11:48:34 or not we can build enough evidence to prove to the

11:48:38 magistrate or board that you are in violation of what you

11:48:42 can be, whether it's industrial.

11:48:45 So I think you have a lot of that already in the code.

11:48:47 It's just the ability of how to actually enforce those

11:48:53 things.

11:48:53 From the lodging perspective.

11:48:55 That's why my recommendation is to line up the as far as

11:48:58 what the definitions for the lodging-type unit, and the fact

11:49:01 that from the licensing standpoint, the state level.

11:49:04 >> Let's not get back to that.

11:49:07 Because we are on the subject.

11:49:09 Remember we already had our sorbet and already cleared our

11:49:13 palate.

11:49:14 Let's not confuse the two issues.

11:49:16 It does get confusing.

11:49:18 >>CATHERINE COYLE: It does get confusing but a lot of these

11:49:20 are operating across the spectrum.

11:49:23 >>MIKE SUAREZ: And that's a whole different animal that we

11:49:25 have to attack at a different time.

11:49:27 Thank you, chair.

11:49:28 >>HARRY COHEN: Mrs. Capin.

11:49:31 >>YVONNE CAPIN: You stated you could have up to four people

11:49:34 in your home for unrelated thing in your home, charge --

11:49:43 >>CATHERINE COYLE: In a home.

11:49:44 As a family unit, occupying a sing is will housekeeping unit

11:49:47 or dwelling unit, you can have up to four unrelated people.

11:49:55 >>YVONNE CAPIN: I have had that experience years ago when I

11:49:57 took my father up to Duke University hospital for analysis.

11:50:04 We were staying in a hotel and they let us know that there

11:50:06 was a home available that offered to people who were with

11:50:12 their relatives in the hospital to stay because it was a

11:50:15 lengthening stay.

11:50:17 And I'm sure the different is these are regulated.

11:50:23 And what we have here, I went on Web sites, and I went and

11:50:28 looked, and we have Bon Air -- and these places are being

11:50:35 rented on a regular basis, rooms.

11:50:40 $69.

11:50:41 $225 a night.

11:50:44 These are homes in residential areas.

11:50:46 I am not against bed and breakfasts in residential.

11:50:50 There's residential areas that lend themselves beautifully

11:50:52 to bed and breakfasts.

11:50:54 I think that we of course have to regulate them.

11:50:57 This is another one.

11:50:59 And these are in South Tampa, Seminole Heights, so they are

11:51:03 all over.

11:51:04 And rooming houses, what in street lingo called slot houses,

11:51:16 and want to make sure that when bed and breakfasts come into

11:51:20 residential, I know that Ybor has a broader bed and

11:51:26 breakfast already in place, from what I could see.

11:51:33 But here is one that has different prices.

11:51:40 $20.

11:51:40 And then there's one the wedding that you talked about for

11:51:43 the day.

11:51:44 And it's not confusing.

11:51:47 It's all of the above.

11:51:51 Renting their homes for weddings.

11:51:54 Again, the problem with this is that they are not regulated.

11:51:58 They are just out there.

11:51:59 And this is what we are working on.

11:52:01 This is what we need to have, is to be able to say yes, you

11:52:06 can, and this is how you can do it.

11:52:09 And I think that's all the discussion is leading up to that.

11:52:15 When I looked at -- you know, I am a member of the economic

11:52:20 impact of cultural assets.

11:52:22 We talked about looking at bed and breakfasts.

11:52:25 We have not followed up on that since City Council decided

11:52:27 to take it on as a workshop.

11:52:30 We just decided that to go forward with what my colleagues

11:52:39 and myself decide to move forward with.

11:52:42 At that time, it was stated, Tampa is not a small city.

11:52:45 It's not a St. Augustine.

11:52:48 It's not one of these Mount Dora.

11:52:55 It is a large city.

11:52:56 So therefore when I traveled to Baltimore with the Chamber

11:52:59 of Commerce benchmark trip, I did talk and visit.

11:53:05 Baltimore has hundreds of bed and breakfasts.

11:53:09 And it is a very big city.

11:53:12 Therefore, it is not impossible to do in our city -- and I

11:53:17 would like to see us move forward with that.

11:53:20 And as the young woman that came before us that lives in

11:53:24 that, I think she said 9th Avenue, she would very much

11:53:30 be in favor of bed and breakfasts.

11:53:33 But again with those stipulations of exactly what it is, and

11:53:36 that you do serve breakfast.

11:53:40 I thought that was a good one. Anyway, I wanted to state

11:53:43 that I wanted to move forward with this and not be, again, a

11:53:48 city open to visitors' comfort.

11:53:52 People want to experience the neighborhood as opposed to a

11:53:56 hotel.

11:54:00 And I'm sorry.

11:54:10 And just to reiterate for council's purposes.

11:54:14 >> On the bed and breakfast issue, the policy decision, as

11:54:18 the policymakers, I mentioned they are regulated, permitted

11:54:21 in the multifamily district and higher, and they do, 12

11:54:27 rooms, 15 and licensing requirements, but that's really

11:54:30 irrelevant.

11:54:31 You are required to have the owner or the resident manager,

11:54:34 and they provide meals, and so on.

11:54:36 So that's a little different than a rooming house where you

11:54:39 have independent people coming and going, and they share a

11:54:42 kitchen.

11:54:42 The bed and breakfast even under our regulations is to have

11:54:46 somebody there running that establishment and providing

11:54:48 those meals.

11:54:49 So that is covered.

11:54:50 I think ultimately what you need to decide then is you want

11:54:55 to broaden where they are allowed.

11:54:56 Because right now they are allowed in the city, not just a

11:55:00 single-family, and on the flip side single-family is the

11:55:03 latest district.

11:55:05 There's a large proportion of land in the city.

11:55:08 So you don't have to say necessarily as a policy maker you

11:55:11 want to allow it in all residential single-family district.

11:55:14 Could you restrict it to certain geographies, if there's

11:55:17 certain cultural areas of the city or certain neighborhoods,

11:55:20 you can you have a lot of different options of how to lay

11:55:26 that out.

11:55:26 But I think at this point, at least from what I am hearing,

11:55:29 is the discussions for bed and breakfast going down and

11:55:33 maybe opening up some single-family districts, or some areas

11:55:35 of the city regardless of district, to allow what you

11:55:40 already allow in other places.

11:55:50 >>YVONNE CAPIN: I want to get back to I think there is a

11:55:52 need for inexpensive homes or shelter, if you will.

11:55:56 You know, back in the day, I'm sure -- as a matter of fact,

11:55:59 they were here -- down in Ybor at the -- it will come to me,

11:56:04 the name of the building -- they were called PENCIONS and

11:56:12 they served breakfast, two meals a day, and roof over your

11:56:16 head and a bed at night.

11:56:18 I think that it is important to have here in our city.

11:56:23 But I do believe that we have to be -- not a little, a lot

11:56:32 more stricter how they are divided, and I believe you

11:56:36 brought that forth before on the amount of square footage

11:56:40 and all that.

11:56:43 >>CATHERINE COYLE: The rooming houses.

11:56:47 As far as the pencions where they provided some meals, was

11:56:51 that kind of in an emergency situation?

11:56:55 >>YVONNE CAPIN: No, ongoing, workers.

11:56:58 >>CATHERINE COYLE: So they are a sole resident at least for

11:57:01 the time being.

11:57:03 >>YVONNE CAPIN: The building across the street from the Ybor

11:57:05 cigar factory, I can't think of the name now.

11:57:09 That was a PENCIONS.

11:57:12 Across the street from Ybor Square.

11:57:14 Actually houses the radiant oil company is in there.

11:57:20 >>CATHERINE COYLE: Because a rooming house can provide

11:57:22 for -- for food.

11:57:26 It just not required to. Whereas a bed and breakfast is

11:57:29 required to.

11:57:29 You could have a rooming house where you got independent

11:57:31 living, if they are sole residents for however long it is.

11:57:36 And you can provide meals if you want to.

11:57:43 >>YVONNE CAPIN: It was a New Orleans type restaurant there

11:57:45 years ago.

11:57:46 But before that, that's what it was.

11:57:48 >>HARRY COHEN: Thank you.

11:57:50 Before we go to public comment, which is next, I would like

11:57:52 to have a motion to extend for 30 minutes.

11:57:54 >>LISA MONTELIONE: Motion to extend.

11:58:01 >>HARRY COHEN: Seconded by Councilman Suarez.

11:58:03 All in favor?

11:58:04 Thank you.

11:58:04 We are now going to hear from the public.

11:58:06 We have three minutes for each person that wishes to speak

11:58:10 on any of the topics covered in this workshop.

11:58:20 NANETTO O'Hara, west crest Avenue in south Seminole Heights.

11:58:26 Thank you for timing this so I could be here for all of this

11:58:28 today.

11:58:29 I have two properties on my street that are being rented

11:58:34 through a Web site called air B around B.

11:58:38 One is next door to me.

11:58:40 The other is an entire house rental.

11:58:42 The other at the end of the street renting six rooms a

11:58:45 night.

11:58:46 They are not doing this because they simply want to interact

11:58:50 with other people from other areas.

11:58:52 They are doing it for money.

11:58:54 The one is pulling in 5 or $600 a night and being rented

11:58:58 constantly.

11:58:58 These are not bed and breakfasts.

11:59:00 I love bed and breakfasts.

11:59:02 I have no problem with bed and breath breakfasts and I

11:59:05 support your motion, Councilwoman Capin, to pursue that, and

11:59:09 yours, Mr. Suarez.

11:59:10 These are glorified motel rooms, cheaper than hotel or motel

11:59:14 rooms, so they are attracting a lot of young people who are

11:59:17 here to have fun.

11:59:19 There is no sign advertising B and B.

11:59:24 There's no breakfast.

11:59:26 The house next door to me is totally unoccupied.

11:59:29 The owner moved out of state.

11:59:31 There's no one there to monitor what is happening with these

11:59:35 nightly rentals.

11:59:36 They just come and go.

11:59:37 And we are paying the price for it.

11:59:39 Last weekend, it was -- and this is two to three groups a

11:59:43 week coming in.

11:59:44 Last weekend, it was a group of young lawyers.

11:59:47 We thought they were college students, they looked so young.

11:59:49 They were young lawyers from New York, enjoying spring

11:59:53 training day.

11:59:54 They really enjoyed spring training.

11:59:55 They really had a great party.

11:59:58 And my husband had to get up and go over there twice in one

12:00:01 night and text the property owner, our former neighbor,

12:00:07 three times about the noise and the lights.

12:00:10 This is happening over and over again.

12:00:11 Some of the people some are quiet, some are not.

12:00:15 From way heard today about the noise ordinance, we are

12:00:17 joining a lot of people in the city who are sleep derived --

12:00:23 deprived.

12:00:24 We want to know our neighbors.

12:00:25 I lived in Seminole Heights 19 years.

12:00:28 You are going to have to take me out feet first from my

12:00:31 house.

12:00:32 I love it.

12:00:32 But I want to know what's coming and going next to me.

12:00:35 Seminole Heights, small homes, small lots.

12:00:38 We learned to be considerate with each other about out door

12:00:41 noise and outdoor lights because we live close to cancer and

12:00:44 we like it that way.

12:00:45 But we want to know who is next door to us.

12:00:48 We see transient tours coming and going and they don't have

12:00:51 the same consideration.

12:00:52 So thank you very much for addressing the situation.

12:00:58 >>CHARLIE MIRANDA: Thank you.

12:00:58 Anyone else?

12:00:59 >> Nancy Turner, 205 Lango, and I think that there's a state

12:01:09 statute that has not been brought up, that if you claim

12:01:12 homestead exemption and you rent your house out, which is

12:01:16 what happened in our neighborhood, then you lose that

12:01:18 homestead exemption.

12:01:20 Is that true?

12:01:21 Have you seen it?

12:01:24 I have got it but I didn't bring it about W me.

12:01:26 >>CATHERINE COYLE: I didn't bring it with me but that's one

12:01:29 thing that I spoke with Ernie about.

12:01:31 If we start to investigate a location that has homestead

12:01:35 exemption and reviewing this type of thing, we would

12:01:38 obviously get with the tax assessor to make that call

12:01:43 because it is a fraud at that point.

12:01:45 And I read through the applications and the requirements and

12:01:50 it is that you are home, it's not actually ours to deal

12:01:53 with.

12:01:53 But that is something we would pursue obviously if we found

12:01:56 they had homestead exemption and they were doing this.

12:01:59 >> But there's one statute that you turn yourself in, it's

12:02:04 basically a change of use.

12:02:06 One particular couple was renting their house out for

12:02:09 three-night minimum and they would up and leave and then

12:02:12 people would come in.

12:02:13 Their house was 1.6 million, 4 to 6 million, so their

12:02:22 property taxes would go up close to 100,000 with no 3%

12:02:27 limit.

12:02:27 I think that's a way of controlling a lot of it.

12:02:31 Especially in a single-family neighborhood.

12:02:36 And we are just concerned about people that we don't know

12:02:38 coming into the neighborhood, you know, they are blocking

12:02:41 the streets, they are blocking that, you know, someone else

12:02:50 mentioned he that when you are in a neighborhood, you are

12:02:53 investigation Atlanta about who you have, and you are nice

12:02:57 to your neighbors, and try to not offend them.

12:03:00 But, you know, when the there are parties going than on, if

12:03:03 you are going to pay a lot of money for a house, why not

12:03:06 have a party, when you are renting?

12:03:08 But I just don't think that this is good in a single-family

12:03:10 neighborhood.

12:03:11 And I'm not saying that, you know, it has to be considered a

12:03:14 good neighborhood, a good neighborhood is not the type of a

12:03:17 house, it's the people that are there and the consideration

12:03:21 that they give to their neighbors.

12:03:23 And I think this is really important for the City of Tampa,

12:03:26 because you can't have realtors come and sell houses, Bob

12:03:30 Buckhorn saying what a great neighborhood we have, and all

12:03:33 of us, every one of you sitting up here is subject to having

12:03:37 somebody put basically a hotel next door to you, unless we

12:03:41 do something.

12:03:42 And thank you for doing that.

12:03:44 >>CHARLIE MIRANDA: Mrs. Capin?

12:03:50 >>YVONNE CAPIN: (off microphone).

12:03:52 >>CHARLIE MIRANDA: I'm sorry, I didn't know there were

12:03:53 others to speak.

12:03:53 >> Ann Turner, 220 Blanca Avenue.

12:03:57 Thank you for considering this matter.

12:03:59 A lot of my opinions have already been expressed by other

12:04:02 people.

12:04:03 I have no issue with a regulated bed and breakfast.

12:04:07 I personally have enjoyed staying at bed and breakfasts in

12:04:12 places like Atlanta.

12:04:13 They operate under a business name.

12:04:15 They are regulated.

12:04:16 It's not just a house you find on B&B or someplace where the

12:04:22 owners are just like, hey, come here.

12:04:24 As far as Tampa being maybe not as progressive as other

12:04:28 cities in relation to this, I read a very interesting

12:04:32 article in the New York Times a month or two ago concerning

12:04:36 the same issue in New York City with people advertising, and

12:04:46 it stated in these articles that these Web sites make it

12:04:49 appear that this is all legal, when in fact it may not be.

12:04:55 The city of New York does not allow this.

12:04:58 And it pointed out an incident where a young man with his

12:05:05 roommate's blessings went to Colorado for the weekend and

12:05:08 had someone rent his bedroom, and he came back and was faced

12:05:12 with tens of thousands of dollars in fines.

12:05:16 So be careful with the function of the Internet.

12:05:20 My main concern is the homeowners renting their homes out

12:05:25 for a short period of time in the neighborhood.

12:05:29 I love my neighborhood.

12:05:31 I love being there knowing my neighbors.

12:05:34 I am uncomfortable with people I do not know coming into my

12:05:37 neighborhood next door that could be on a weekly basis.

12:05:44 There needs to be regulation about this.

12:05:47 It really should not be allowed in a single-family

12:05:52 neighborhood in my opinion.

12:05:53 But if you choose as City Council to allow this, then you do

12:05:58 need to follow state statute and take away homestead

12:06:01 exemption.

12:06:02 I think most of these individuals that are making these

12:06:06 decisions are doing it without full knowledge of the law, so

12:06:10 I think if you just get the word out, these are the

12:06:12 consequences you face if you do this.

12:06:16 But most of all, I just wish you to consider the lifestyle

12:06:22 that we have in Tampa.

12:06:24 We love our neighborhood.

12:06:27 Thank you.

12:06:30 >>CHARLIE MIRANDA: Thank you.

12:06:31 Mrs. Capin and Mrs. Mulhern.

12:06:32 Anyone else in the audience that has not spoken yet on the

12:06:34 subject matter?

12:06:36 I have Mrs. Capin, Mrs. Mulhern.

12:06:39 And Mr. Cohen, I'm sorry, you asked me first and I forgot.

12:06:43 >>HARRY COHEN: I really wanted to try to wrap up the

12:06:45 discussion by getting us to bring something back to consider

12:06:49 all these issues.

12:06:50 So perhaps I ought to wait for the other two council members

12:06:52 to speak and then we can do that.

12:06:57 >>CHARLIE MIRANDA: Mrs. Capin, Mrs. Mulhern, and Mrs.

12:06:59 Montelione.

12:07:02 >>YVONNE CAPIN: I appreciate all the feedback from the

12:07:04 public.

12:07:05 Very, very important.

12:07:07 I would also like to state that I'm open to bed and

12:07:11 breakfasts being in a wider range of neighborhoods.

12:07:16 But I would also like to say that we, as the economic impact

12:07:22 of cultural assets committee, did contact the Florida --

12:07:29 State of Florida bed and breakfast association and it

12:07:37 reminded me that along with that there should be that

12:07:40 certification that comes with the State of Florida

12:07:42 association of bed and breakfasts should we move forward.

12:07:45 So I would like to know more about that and bring that along

12:07:48 with whatever motions we bring forth.

12:07:52 Thank you very much.

12:07:52 >> Thank you, Mrs. Capin.

12:07:57 Mrs. Mulhern and Mrs. Montelione.

12:08:01 >>MARY MULHERN: Just a couple things I wanted to say to

12:08:05 people in the audience that have been e-mailing us about

12:08:08 this.

12:08:10 That code enforcement is looking into these things.

12:08:12 And it sound like a lot of the things we heard about from

12:08:14 you here today are already illegal.

12:08:17 So I think anytime you see something happening, call code

12:08:22 enforcement, because we can get them out there.

12:08:25 And you probably are already doing that.

12:08:31 Come back up to the microphone.

12:08:35 >> It just takes too long for them to kind of pass it along,

12:08:38 and people are there for just three nights.

12:08:41 And then they are gone.

12:08:43 In, I think that's another thing you are going to have to

12:08:48 address is how you oversee this problem.

12:08:52 I mean, I'm not going to turn my neighbors in, you know, and

12:08:55 have them lose their homestead exemption.

12:08:58 They really should come themselves that there's a regulation

12:09:03 there under the tax appraiser's office that they should have

12:09:05 turned themselves in.

12:09:06 I am not going to do that.

12:09:08 That's bad MoJo.

12:09:10 [ Laughter ]

12:09:11 >>MARY MULHERN: I know.

12:09:11 You are trying to -- all trying to be good neighbors.

12:09:15 Except for people that are blasting the music and having the

12:09:18 parties next door.

12:09:19 So that was on our agenda today, too.

12:09:24 Did that could get continued?

12:09:25 We were going to be talking about code enforcement.

12:09:27 >> That's continued.

12:09:29 >>MARY MULHERN: But this is part of our problem in this

12:09:32 case and so many other things.

12:09:33 And a lot of this is because the housing crash and the fact

12:09:37 that so many people cannot afford to live in their homes,

12:09:42 they are renting them out, and all of this has happened, as

12:09:46 an economic thing that happened, and it's all over the city

12:09:49 happening.

12:09:50 So I think what we are finding out, and as we talk about

12:09:54 this upcoming budget, all of this needs to be enforced.

12:10:04 So I am sure we are going to do everything we can as far as

12:10:08 ordinances and trying to define what you can do and limit,

12:10:10 you know, as Ms. Coyle, she gave us some really great

12:10:16 proposals to work with.

12:10:17 Limit it to or increase the limit to 30 days for renting.

12:10:22 But, you know, I just want to make sure that people realize

12:10:26 that if you do contact, you know, contact City Council,

12:10:30 contact code enforcement, and I have heard from constituents

12:10:34 that there's a house in my neighborhood, and I don't know

12:10:41 about it.

12:10:42 I mean, the only people that are going to know about it are

12:10:44 the next door neighbors.

12:10:45 So if you can, you know, contact somehow anonymously, thank

12:10:52 you for being brave enough to come and speak in public about

12:10:56 it, too, but I think just let us know, and we'll do whatever

12:11:01 we can within the statutes that we have now.

12:11:05 And I don't know about calling -- if you can call the

12:11:08 property appraiser, and if they would look into it.

12:11:13 But call the property appraiser if somebody is doing that

12:11:17 and you think they are claiming a head stead exemption.

12:11:20 >>LISA MONTELIONE: Yes, you can, Mrs. Mulhern, you can call

12:11:27 the property appraiser and they will go out and identify

12:11:30 whether or not the house is being used as a single-family

12:11:32 residence that has a homestead exemption and then bring that

12:11:36 case forward.

12:11:39 A couple of things.

12:11:41 I do have, as you all heard me say before, some reservation

12:11:46 about regulating those folks who are, you know, letting out

12:11:52 one room in their house, and doing it just as an

12:11:59 experiential type thing.

12:12:00 I think there's a big differentiation to make as to whether

12:12:04 or not the place is being rented on a regular basis when the

12:12:08 owners are not present as opposed to when the owners are

12:12:11 present, and they are just inviting someone into their homes

12:12:17 to stay for free are as couch surfing, or for payment.

12:12:24 So that to me is a big distinction, is whether or not the

12:12:27 owners are present in the house when the renter or couch

12:12:33 surfer is there.

12:12:35 And we already have Do have the regulations for bed and

12:12:41 breakfasts on the book.

12:12:42 I think what I would be looking at, as Mrs. Coil pointed

12:12:46 out, is maybe changing where a bed and breakfast can be

12:12:49 located, because restricting them to multifamily

12:12:53 locations -- and many will say, you stayed in places in

12:12:58 Savannah, you have stayed in other places, St. Augustine was

12:13:02 named.

12:13:03 Generally, those are in the more scenic parts of town.

12:13:07 And for us -- and the mayor talks about this all the time,

12:13:09 the more scenic parts of town are generally along the river,

12:13:13 or, you know, in the downtown area for cultural reasons in

12:13:18 Ybor, those types of locations.

12:13:21 So if we want to open up our river, and have the ability to

12:13:27 have a bed and breakfast in the most scenic areas of our

12:13:30 city, and some of the ones that are advertised as bed and

12:13:33 breakfast but don't hold the licensing, are along the river.

12:13:37 And I do think our regulations need to be tightened up.

12:13:45 We have a lot of Land Development Code regulations on the

12:13:48 books that have not been touched in many, many years, or

12:13:51 have been changed in a Band-Aid, rubber band type chewing

12:13:57 gum method.

12:13:58 So we do need to clean those up.

12:14:00 And she's going through right now with the work of the

12:14:05 economic competitiveness committee, and the regulations of

12:14:08 changes in Land Development Code in Seminole Heights, and

12:14:11 just have the area wide rezoning.

12:14:13 So we are in a process of cleaning up our regulations, and

12:14:17 we do have a workshop already on the schedule for land use

12:14:25 discussion, and maybe at that time would be an appropriate

12:14:27 time to talk about some of the other land use regulations

12:14:30 that we have including businesses to clean them up.

12:14:36 But I really do make that distinction about whether or not

12:14:38 the owner is present in the house when it's being rented,

12:14:41 and when it's being rented as a regular ongoing business for

12:14:46 weddings, because I think that's also another type of

12:14:49 commercial enterprise such as weddings and other parties

12:14:55 that doesn't fall into either category, as Mr. Suarez

12:14:57 pointed out.

12:14:58 So I think we do have a multi-faceted issue here, and I

12:15:03 don't know that I am ready to support any revision right now

12:15:08 until I get to meet with Ms. Coyle personally and sit down

12:15:13 and look at the Land Development Code, and look at the other

12:15:16 regulations that wave on the books, and really refine those

12:15:19 and not make a decision without having had that luxury.

12:15:25 So thank you.

12:15:28 >> Thank you, Mr. Cohen.

12:15:29 >>HARRY COHEN: Just to wrap this up, what I would like to

12:15:32 do is set a date and time certain for us to return to this

12:15:36 discussion and also ask and ask for April 18th at 10

12:15:47 a.m.

12:15:48 Specifically, to address the issue of the rentals for

12:15:55 parties and special events, and one-time events of

12:16:00 residential homes in residential neighborhoods, just to deal

12:16:04 with that very discrete issue.

12:16:07 And then also at that time to open up the discussion so that

12:16:12 the other council members have a chance to meet with you and

12:16:14 talk to you about the larger issue of the bed and breakfast,

12:16:18 and also the issue of the 30-day versus 7-day minimum for a

12:16:25 rental.

12:16:30 >>CHARLIE MIRANDA: I have a motion but I have discussion.

12:16:32 And I have Mrs. Capin and Mrs. Mulhern, in that order.

12:16:35 >> Go ahead.

12:16:43 >>MARY MULHERN: I was just going to say that I think it is

12:16:45 complicated and you do need to define the discussion but I

12:16:49 think when you talk about party houses you also have to talk

12:16:52 about the fact that they are renting them out for a period

12:16:54 of time, because it's not just a party.

12:16:58 >>HARRY COHEN: Yes, absolutely.

12:16:59 Absolutely.

12:17:00 >>CATHERINE COYLE: If I could ask a clarification question.

12:17:03 As far as the party houses, the places that are being used

12:17:06 more like places of assembly, or some type of party place,

12:17:13 our rule pretty much already allows that as it is.

12:17:16 So I guess I am looking for a little direction on what

12:17:18 exactly it is that you want me to bring back.

12:17:21 Is it specifically saying that in the code that it's not

12:17:24 allowed?

12:17:24 Because it is a single-family district and a single-family

12:17:29 residence, you are not allowed to operate it as a business

12:17:31 in that manner.

12:17:33 So -- again just those complaints that come into the code

12:17:37 enforcement process and being able to prove that there's a

12:17:40 violation.

12:17:40 That's already the normal course.

12:17:43 I guess I am looking for are you wanting me to amend the

12:17:45 code in some way?

12:17:49 >>HARRY COHEN: I think what I am asking you to bring back

12:17:51 is what options we have to lighten up the regulations that

12:17:54 are already on the books.

12:17:55 And if there's anything more we can do to provide for

12:18:00 tougher enforcement when there are violations of ordinances

12:18:04 that may already be out there, but that the neighbors are

12:18:07 having difficulty enforcing themselves, because no one

12:18:13 available to assist them when these incidents occur.

12:18:18 >> Because we do get the complaints to code enforcement.

12:18:21 And we do go out and investigate them and try to build a

12:18:24 case for them.

12:18:24 On the flip side if people don't call in we don't

12:18:28 necessarily know about them because we don't cull the

12:18:31 Internet.

12:18:32 But I would like to --

12:18:34 >>HARRY COHEN: We can meet in between now and then and

12:18:36 discuss some different ideas.

12:18:38 But I think that it's incumbent upon us to do everything we

12:18:42 can do to give everyone the tools to deal with the problem.

12:18:45 >> Okay.

12:18:47 April 18th.

12:18:48 Thank you.

12:18:48 >> An article from the New York Times, my aide looked it up

12:18:58 and it's about the air B and B, warning travelers on the New

12:19:07 York Times that someone mentioned.

12:19:09 Also, we are looking at party houses but we are not looking

12:19:12 at people that rent individual rooms.

12:19:13 And what we are looking at is when they rent individual

12:19:16 rooms, I would venture to say 90, 99% do not pay sales tax.

12:19:24 And when you rent, you have to pay sales tax.

12:19:31 So state law, local, municipal law, that should not allow

12:19:40 this without them complying, if they have to have a permit,

12:19:44 they have to pay a sales tax.

12:19:46 Therefore, you know who is renting the room.

12:19:50 In their private homes.

12:19:51 Davis Islands, Seminole Heights, wherever it may be.

12:19:56 I think that we need to expand that.

12:19:59 Whether they live in the house or they don't, they have to

12:20:02 pay sales tax if they rent.

12:20:05 Thank you.

12:20:08 >>CHARLIE MIRANDA: Thank you.

12:20:09 I think Mr. Cohen had a motion.

12:20:11 I have a motion by Mr. Reddick on what he asked for, to meet

12:20:15 with Mrs. Coyle.

12:20:16 So I will vote on that motion.

12:20:18 Clerk, do you have that motion in order?

12:20:22 I thought you didn't have.

12:20:23 I can see by your eyes.

12:20:25 Mr. Cohen, would you kindly --

12:20:27 >>HARRY COHEN: The motion is to have Mrs. Coyle come back

12:20:30 to us on April 18th under staff reports at 10:00.

12:20:34 After having discussions with council members to discuss

12:20:38 what we can do to strengthen our existing ordinances, and

12:20:44 provide for better enforcement of our existing ordinances,

12:20:48 and also to suggest any new ordinances that we might

12:20:53 entertain passing to deal with the problems of short-term

12:20:59 rentals of residential properties for various commercial

12:21:02 purposes.

12:21:04 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

12:21:06 I have a second, if I recall, by Mr. Reddick.

12:21:08 Am I correct, sir?

12:21:10 All in favor of that motion indicate by saying aye.

12:21:12 Nay?

12:21:13 Motion passes unanimously.

12:21:14 >>LISA MONTELIONE: I would like to motion, because that

12:21:19 only addresses the one issue, and as Mrs. Mulhern pointed

12:21:23 out and Mr. Suarez pointed out, we need to separate these

12:21:26 into less complicated segments.

12:21:28 So I would motion to add the discussion of the timing again

12:21:37 and discussion of the regulations in our land use codes

12:21:43 pertaining to bed and breakfasts, the location of what we

12:21:48 currently have on the books for bed and breakfasts, and for

12:21:53 addressing those, the situation of people renting their

12:21:59 premises out, about they are home or whether they are not at

12:22:06 home, as part of the land use discussion that we already

12:22:09 have scheduled on May 23rd at 9:00 a.m.

12:22:18 >>CATHERINE COYLE: Could I ask one clarifying question?

12:22:20 Because I wrote myself a note.

12:22:21 Owner occupied residences that rent rooms versus the

12:22:26 absentee landlords that own the house and rent rooms, and

12:22:31 then what I want to make clear is what you were

12:22:34 distinguishing is, I may be an owner of an occupied unit but

12:22:38 may not be there when the tenant is there.

12:22:40 Is that the issue?

12:22:41 I may have a homestead exemption and own and occupy that

12:22:45 residents, but when they come in I leave.

12:22:48 >>LISA MONTELIONE: Right.

12:22:50 I think that's what brought up by some of the speakers

12:22:53 today, was that if you are intentionally leaving when your

12:22:59 renters come, and you are renting your entire house, then

12:23:04 that is what I want to look at.

12:23:07 And isolate that circumstance from others that we have on

12:23:13 the books.

12:23:18 >>CATHERINE COYLE: Yes.

12:23:19 Three scenarios.

12:23:20 One is owner occupied but you are leaving.

12:23:22 >>LISA MONTELIONE: And ultimately the whole house.

12:23:27 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.

12:23:29 I have a second by Ms. Mulhern on a close vote with Mr.

12:23:33 Suarez.

12:23:34 All in fair of the motion indicate by saying aye.

12:23:36 Opposed nay.

12:23:37 Motion passes unanimously.

12:23:39 Thank you all very much for participating.

12:23:41 Item number 7.

12:23:44 I believe item 8 as discussed earlier -- pardon me?

12:23:54 >>LISA MONTELIONE: We haven't discussed when the item will

12:23:56 be coming back.

12:23:58 >>CHARLIE MIRANDA: Item 8, I have discussed it with Cathy

12:24:01 Coyle and Mr. Ernie Mueller and jack Slater this past week

12:24:05 at length, and they were looking at 90 days.

12:24:08 Am I correct?

12:24:08 And when you look at that calendar, next will be the end of

12:24:12 June, and then we go -- that calendar is really, really

12:24:17 stacked up because it's the last meeting before we have the

12:24:20 break.

12:24:20 So I would suggest the first week in August, if possible.

12:24:27 >>CATHERINE COYLE: That's fine with us.

12:24:28 >> June is filled up.

12:24:35 >>CHARLIE MIRANDA: August 22nd is the suggestion by Mr.

12:24:36 Cohen.

12:24:37 Is that acceptable?

12:24:39 >>CATHERINE COYLE: That's a workshop day?

12:24:41 >> That's a regular session.

12:24:43 >>CATHERINE COYLE: Did you want a workshop?

12:24:47 >>CHARLIE MIRANDA: 29th of August.

12:24:48 Motion by Mr. Cohen.

12:24:49 Seconded by Mr. Reddick on item number 8.

12:24:53 All in favor of the motion, 10:00 in the morning.

12:24:58 All in favor of the motion indicate by saying aye.

12:25:01 Opposed nay.

12:25:01 The ayes have it unanimously.

12:25:03 Item number 9.

12:25:05 It's requested for it to be changed to April 25th.

12:25:08 Am I right?

12:25:10 >>LISA MONTELIONE: Since this was written last night, that

12:25:16 item, which was to have Dennis Rogero and Jake Slater come

12:25:23 to speak on the activities of the neighborhood relations

12:25:26 division in Sulphur Springs, to be May 2nd.

12:25:32 >>CHARLIE MIRANDA: May 2nd is the date suggested on item

12:25:35 number 9 made by Mrs. Montelione.

12:25:38 Seconded by Mr. Reddick.

12:25:39 All in favor of that motion?

12:25:42 10:00 in the morning.

12:25:43 Just like it is today.

12:25:45 We go to item number 10.

12:25:46 >>CATHERINE COYLE: Planning and development.

12:25:49 Item 10 is actually -- will be very, very brief.

12:25:53 For the January cycle there was two privately initiated

12:25:55 amendments.

12:25:56 And the amendments are very, very minimal.

12:26:01 The first one was from MacDonald Training Center properties.

12:26:04 And what they are specifically asking for only was the

12:26:08 M.A.P. zoning district, to define adult daycare and allow it

12:26:13 as a permitted use.

12:26:17 Adult daycare is actually a licensed use much like regular

12:26:21 daycare, specifically for adults, disabled adult children.

12:26:28 That kind of scenario where people can bring it with them

12:26:31 and we did get comments from the Aviation Authority that had

12:26:36 no objection to that being added to the code.

12:26:39 I did discuss both of these amendments with the T.H.A.N.

12:26:43 zoning committee last month when we were going through the

12:26:46 other potential changes, and I spoke with Mr. Steve LaBour

12:26:49 yesterday on the phone as a reminder, and there were no

12:26:52 issues raised for either one of these.

12:26:54 The second amendment came from Monica Barner -- and I think

12:27:00 both the applicants are here as well.

12:27:01 As far as the temporary alcohol permit, the current rule is

12:27:06 cease sales and close operations at midnight year round.

12:27:11 The amendment that they are asking for is that it's actually

12:27:14 2 a.m., one day a year, because they go to toast New Years

12:27:22 and then they can't. (Laughter)

12:27:24 So only on that day, they would be asking to extend that to

12:27:29 2 a.m. simply to accommodate those New Year's parties.

12:27:32 We didn't have any objection from staff and I didn't hear

12:27:35 any from the public based on our discussions either.

12:27:37 The normal course for these since they are privately

12:27:39 initiated amendments, you are basically obligated to

12:27:43 transmit them to the Planning Commission.

12:27:46 And then we would be looking to come back in May for the

12:27:48 public hearing.

12:27:49 >>CHARLIE MIRANDA: Thank you.

12:27:49 Anyone in the public?

12:27:50 These are public hearings.

12:27:52 Comments.

12:27:52 Anyone in the public care to comment on item number 10?

12:27:55 Please come forward.

12:27:55 >> Peter Kelly.

12:28:00 I'm hear for the applicant.

12:28:03 Are you ready to hear our comments?

12:28:05 >>CHARLIE MIRANDA: I'm ready to hear it.

12:28:06 >> Okay.

12:28:07 This was submitted on behalf of MacDonald Training Center

12:28:10 property.

12:28:11 You all are familiar with MacDonald Training Center, our

12:28:14 site on Cypress, functioning for about a dozen years.

12:28:19 The summary, to add to the summary that the council

12:28:22 provided, it is a new definition.

12:28:24 It's not in your code already that specifically identified a

12:28:28 function and a need that MacDonald sees in this community

12:28:31 and is requesting this change, so they can deliver this

12:28:34 service in addition to the other services, provide that

12:28:36 location.

12:28:44 He could offer other comments on the services that are

12:28:48 provided.

12:28:48 >> Good afternoon.

12:28:50 I'm Jim Freyvogel, president and CEO, MacDonald Training

12:28:54 Center.

12:28:55 We are looking to expand the scope of our services for 59

12:29:00 years we have been providing training in residential

12:29:02 services for people with developmental disabilities and now

12:29:04 we are looking to expand out that into long-term managed

12:29:08 care and serving seniors also.

12:29:10 And that was brought into this as we are looking to be

12:29:13 certified and credentialed to provide adult daycare at our

12:29:17 location on West Cypress street.

12:29:21 >> Thank you very much.

12:29:21 You have been an asset to the community for many years, and

12:29:24 we appreciate everything MacDonald Training Center has done.

12:29:27 Anyone else in the public care to speak on this item, item

12:29:30 number 10?

12:29:36 Last shot to be on TV.

12:29:37 >> Monica Bonner.

12:29:44 Kathryn pretty much explained the reason why we are looking

12:29:47 for this.

12:29:50 For January 1st.

12:29:54 >>CHARLIE MIRANDA: Both of them are now taken care of.

12:29:55 Thank you.

12:29:56 Anything else?

12:29:58 >>YVONNE CAPIN: I am going to ask her a location.

12:30:00 Where is the location?

12:30:01 >> Hyde Park Village on a rooftop.

12:30:04 >> Thank you.

12:30:05 >>LISA MONTELIONE: I would like to move Ms. Coyle's text

12:30:10 amendment to transmit to the Planning Commission.

12:30:11 >> Second.

12:30:12 >> Motion by Mrs. Montelione to the Planning Commission,

12:30:17 seconded by Mr. Suarez.

12:30:18 All in favor of the motion?

12:30:19 All in favor indicate by saying aye.

12:30:21 Motion passes unanimously.

12:30:24 Thank you very much.

12:30:26 We go to information and new business from council members.

12:30:29 Left to right.

12:30:30 Mrs. Montelione.

12:30:30 >>LISA MONTELIONE: Actually, this is a piece of old

12:30:36 business, because I am just asking to reschedule or continue

12:30:40 Mr. Thomas Nance, Executive Director of feeding America

12:30:45 Tampa Bay, his report was scheduled for April 25th, and

12:30:49 I was asked to continue that to June 20th.

12:30:54 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

12:30:55 seconded by Mr. Cohen.

12:30:57 All in favor of the motion?

12:30:58 Opposed?

12:30:58 The ayes have it unanimously.

12:31:00 Anything else?

12:31:01 >>LISA MONTELIONE: No, sir, thank you very much.

12:31:04 >>HARRY COHEN: Thank you, Mr. Chair.

12:31:05 One item.

12:31:06 I make a motion to invite the Westshore Alliance to present

12:31:09 their final master plan on May 2nd immediately following

12:31:15 our ceremonial activities, and that presentation should last

12:31:19 no more than 10 to 15 minutes.

12:31:21 >> Motion by Mr. Cohen.

12:31:22 Second by Mr. Suarez.

12:31:24 All in favor of the motion?

12:31:26 May 2nd.

12:31:28 What time?

12:31:29 >> Immediately following ceremonial activities.

12:31:32 >> Thank you.

12:31:32 I have a motion by Mr. Cohen.

12:31:33 Seconded by Mr. Suarez.

12:31:34 All in favor of the motion please indicate by saying aye.

12:31:37 Opposed nay.

12:31:38 Motion passes unanimously.

12:31:39 Anything else?

12:31:39 >> No, thank you.

12:31:40 >> Mrs. Mulhern?

12:31:42 >> Thank you, Mr. Chairman.

12:31:43 I have a couple things.

12:31:44 One, I would like to make a motion to place on council's

12:31:49 April 4th agenda a resolution supporting April 17, 2013

12:31:54 A as military family community could have Nance day.

12:31:58 >>HARRY COHEN: Second.

12:32:00 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, seconded by Mr.

12:32:03 Cohen.

12:32:03 All in favor?

12:32:04 Opposed?

12:32:04 The ayes have it unanimously.

12:32:05 >>MARY MULHERN: Thank you.

12:32:10 Secondly, I just actually got this request during our

12:32:16 meeting.

12:32:17 So I'm passing out an e-mail that I received personally.

12:32:25 And I guess what I would like to do is have council, if you

12:32:29 could read this beings and then at next week's meeting, I

12:32:37 would like to present this for, I guess, Mr. Shelby to see

12:32:42 this.

12:32:42 But I'll read to you what it is I would like you to support

12:32:47 council to write to the Florida legislature regarding.

12:32:52 And I am going to send a letter right away myself because I

12:32:55 don't know when this is going to get rolling.

12:32:58 But I hope you would agree with me -- and we could also send

12:33:03 a letter from council after you have had time to look at

12:33:06 this.

12:33:06 There are two bills that would have devastating impact on

12:33:09 Hillsborough County's program, our environmental land

12:33:14 acquisition and protection program.

12:33:16 The first bill severely restricts the purchase of

12:33:17 conservation lands by counties and cities as well as the

12:33:22 state.

12:33:23 The second bill addresses state-owned land which could

12:33:25 impact some of the land that ELAP co-owns, co-manages with

12:33:31 SWFWMD.

12:33:31 ELAP is hugely popular in this county.

12:33:34 We probably remember that there was a referendum and 79% of

12:33:38 the voters approved the 2008 referendum to tax themselves up

12:33:42 to 200 million to continue the program.

12:33:46 We are counting on you to send that mandate and protect our

12:33:49 investment.

12:33:50 So I would hope that we would support this as our last

12:33:57 council supported this effort and the referendum that was on

12:34:01 the ballot in 2008.

12:34:02 So I will just ask you to read this and come back next week

12:34:08 and I will ask if we can send this letter to pretty much

12:34:12 what's worded here to our legislative legislators.

12:34:17 >>CHARLIE MIRANDA: Okay.

12:34:17 That's a motion by Mrs. Mulhern.

12:34:19 Second by Mrs. Capin.

12:34:21 Any further discussion?

12:34:22 We might have a timing thing with the clerk's office on the

12:34:24 agenda because it's next week already.

12:34:27 >>MARY MULHERN: I'm not making a motion.

12:34:34 >>CHARLIE MIRANDA: All right.

12:34:34 No problem.

12:34:34 Thank you.

12:34:37 We appreciate it.

12:34:39 We appreciate it very much.

12:34:40 I think governor Martinez at one time was the one that

12:34:43 started buying this land and commend his effort for doing

12:34:47 that that.

12:34:48 But I agree with you.

12:34:49 So because the way it is and the timing.

12:34:57 But I appreciate everything that Mrs. Mulhern said and she's

12:35:00 very right on these two points.

12:35:01 Thank you.

12:35:02 Mr. Cohen?

12:35:03 I mean, Mr. Reddick?

12:35:04 >>FRANK REDDICK: I have one item.

12:35:10 I want to make a motion to request someone from the budget

12:35:15 or finance office or Parks and Recreation Department to

12:35:21 appear before council on April 4th to give accounting of

12:35:24 the funds given to the City of Tampa from the National

12:35:26 Football League and their charity that was dedicated to the

12:35:31 Jackson Heights recreation center.

12:35:40 The NFL in New York is questioning it.

12:35:43 >> Second.

12:35:44 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

12:35:45 Seconded by Mrs. Montelione.

12:35:47 All in favor of the motion say aye.

12:35:48 Opposed nay.

12:35:49 The ayes have it unanimously.

12:35:50 Anything else?

12:35:52 Mrs. Capin?

12:35:54 >>YVONNE CAPIN: As I stated earlier today, on the workshop

12:35:56 for May 23rd, where we have alcoholic beverage

12:36:00 permitting, I would like to request that we move that to the

12:36:05 evening session as the citizens that were here preferred it,

12:36:09 and they waited a very long time for us that day.

12:36:13 So I would like to move it to the evening.

12:36:16 And also see at the same time the semiannual report for the

12:36:22 evening.

12:36:24 The semiannual report will be first.

12:36:26 And then the alcoholic beverage workshop in the evening.

12:36:31 From the economic impact of cultural asset citizens advisory

12:36:34 committee.

12:36:35 Thank you for that.

12:36:38 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin.

12:36:41 Mr. Suarez seconded it.

12:36:43 All in favor of that motion please indicate by saying aye.

12:36:45 Opposed nay.

12:36:46 The ayes have it unanimously.

12:36:49 >>YVONNE CAPIN: I would like to bring up that we have some

12:36:52 very important people, VIP judges, this Saturday, March

12:36:58 30th.

12:36:59 It's the second annual Cuban sandwich festival.

12:37:02 And I saw it in today in one of the newspapers labeled as

12:37:11 "food fight."

12:37:12 [ Laughter ]

12:37:13 Anyway, we have several City Council members are on there,

12:37:17 on the judging, and if it's any indication of last year, as

12:37:22 a matter of fact, the entertainment was exceptional.

12:37:25 It is free to the public.

12:37:27 And it starts at 11 a.m. Saturday the 30th, in Ybor

12:37:32 City, at the Centennial Park.

12:37:38 So everyone should come out.

12:37:40 Last year there were well over 5,000 people.

12:37:42 And this year I would imagine they ran out of Cuban

12:37:47 sandwiches.

12:37:47 They promised that they won't this year.

12:37:49 So I just wanted to let everyone know.

12:37:51 >>HARRY COHEN: At least the judges got to eat.

12:37:58 >>YVONNE CAPIN: That's right.

12:37:58 They got to eat.

12:37:59 Thank you.

12:37:59 That was just a public.

12:38:02 And I am going refer to the organizational chart that was in

12:38:07 our presentation from the budget.

12:38:12 And when you look at the organizational chart, the only

12:38:18 people that are above us are the citizens of Tampa.

12:38:25 The mayor and City Council are side by side.

12:38:28 Thank you.

12:38:29 >> Thank you.

12:38:31 My apologies.

12:38:31 I can't be there for your Cuban sandwich day.

12:38:34 I will be working at Tampa Bay downs getting paid.

12:38:37 Yes, sir?

12:38:39 You eat my sandwich.

12:38:41 Mr. Suarez.

12:38:42 >>MIKE SUAREZ: Cube and sandwich festival, it's the day I

12:38:48 break my diet.

12:38:49 I have one thing to ask the council is that we allow MOSI's

12:39:00 president to come and speak with us the name of the

12:39:02 recipient of the 2013 national Hispanic scientist of the

12:39:05 year award, and that's going to be presented at MOSI in

12:39:10 October.

12:39:11 I would like him to come here on April 18th at

12:39:14 9:00 a.m., following the one ceremonial presentation we have

12:39:18 that day.

12:39:20 >>CHARLIE MIRANDA: Thank you.

12:39:21 I have a motion by Mr. Suarez, second by Mr. Cohen.

12:39:23 All in favor of that motion?

12:39:25 Opposed?

12:39:25 The ayes have it.

12:39:26 Mr. Reddick has the floor.

12:39:28 I'm sorry, I misled you, sir.

12:39:30 >>FRANK REDDICK: I want to amend my motion from April

12:39:34 4th to April 18th under staff reports.

12:39:36 >>CHARLIE MIRANDA: I have a motion for correction of that

12:39:38 motion date, at the same time, by Mr. Reddick, seconded by

12:39:41 Mrs. Montelione.

12:39:42 All in favor of the motion?

12:39:44 Opposed?

12:39:44 The ayes have it unanimously.

12:39:46 Anything else to come before this council?

12:39:47 Mrs. Mulhern?

12:39:48 >>MARY MULHERN: Yes.

12:39:49 I'm a little confused.

12:39:51 But I think we voted on the resolution to be on the April

12:39:59 4th agenda.

12:40:00 I have the resolution here.

12:40:06 We have the resolution.

12:40:07 This was recommended to us by the Tampa Bay Regional

12:40:16 Planning Council.

12:40:17 The resolution recognizing military family could have

12:40:21 Nances.

12:40:22 I have it here.

12:40:23 I don't know.

12:40:23 I do want it placed on the agenda next week.

12:40:25 >>THE CLERK: Because we are closed tomorrow the agenda is

12:40:29 already done, and finished to come back before council so we

12:40:34 ask because we are closed tomorrow we cannot get the agenda

12:40:39 out.

12:40:40 >>MARY MULHERN: We would have the resolution.

12:40:44 >>CHARLIE MIRANDA: Corrected correct.

12:40:45 >>MARTIN SHELBY: So you withdraw that motion for next week

12:40:48 then?

12:40:48 >>MARY MULHERN: Yes.

12:40:49 >>CHARLIE MIRANDA: Motion with T withdraw out.

12:40:52 Any of you in the audience all you 500 people care to speak?

12:40:55 Not at all?

12:40:56 Thank you.

12:40:57 You did a good job.

12:40:58 Anything else to come before this meeting?

12:41:01 >> Move to receive and file.

12:41:02 >> Second.

12:41:04 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.

12:41:05 Second by Mr. Cohen to receive and file all the documents.

12:41:08 Anything else to come before this meeting?

12:41:09 We stand adjourned.

12:41:10 Thank you very much.



This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.