TAMPA CITY COUNCIL
Thursday, March 28, 2013
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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 We thank you as, in your name we pray.
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
09:10:31 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 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 [ 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.
09:14:49 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
09:16:32 Very proud of you.
09:16:33 I present you with one month's services at Bright House.
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
09:17:44 [ 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 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
09:22:28 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
09:26:00 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
09:26:48 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
09:29:21 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
09:29:54 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
09:31:48 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 We have a Web site beFloridian.org that has been very, very
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
09:34:15 We were at greenfest last weekend.
09:34:18 And we go to a lot of events with our flock of plastic pink
09:34:25 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
09:38:14 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
09:39:38 During the process we provided you with a draft of this
09:39:41 document because the audit process was not completed until
09:39:46 Our practice includes initial meetings with the external
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
09:43:53 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
09:46:11 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
09:47:38 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
09:50:20 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
09:51:12 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
09:53:22 >>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
09:53:39 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 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 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 >> 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 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
09:56:57 >>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,
09:57:56 >>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 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 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
10:03:29 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 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
10:04:15 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
10:04:38 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
10:08:35 >>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
10:09:27 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
10:11:35 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 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
10:12:24 >>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 >> 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 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
10:14:11 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 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 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 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
10:20:49 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 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
10:21:16 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
10:22:57 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
10:23:51 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 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 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 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 >>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
10:30:17 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 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
10:34:45 How have the courts treated those moving targets, so to
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
10:35:56 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
10:37:03 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
10:39:51 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 All in favor of that motion?
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
10:41:55 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
10:44:42 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
10:46:45 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
10:47:24 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 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
10:53:45 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
10:55:06 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 >> 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
10:56:20 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
10:56:34 >> 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.
10:57:36 To me it's been six years that he has been the voice against
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
10:58:20 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
10:58:28 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 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
11:00:38 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
11:01:10 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
11:01:28 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
11:01:51 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 >> 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
11:03:19 They are going to say we violated these music peoples
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
11:06:34 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 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 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
11:09:49 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
11:12:00 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
11:12:48 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 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 >>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
11:18:12 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
11:19:16 >>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 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
11:20:53 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 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 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
11:22:52 It's already been seconded.
11:22:53 >>MARTIN SHELBY: That is not to be set for first reading
11:23:00 >>HARRY COHEN: Right.
11:23:03 All those in favor please indicate by saying aye.
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
11:25:47 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 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
11:29:10 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 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 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 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
11:34:40 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 >> 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
11:37:55 >>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
11:39:42 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 >> 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.
11:40:23 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
11:41:27 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
11:42:08 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 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
11:43:14 In this definition, because I think we can fit it within
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
11:46:10 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 >> 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 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
11:49:14 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.
11:50:41 $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 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
11:54:00 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
11:54:31 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 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
11:58:29 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
11:58:46 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 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 --
12:00:24 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
12:00:32 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 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 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
12:03:11 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
12:04:03 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
12:06:02 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.
12:07:02 >>YVONNE CAPIN: I appreciate all the feedback from the
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
12:08:10 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
12:09:50 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
12:13:03 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
12:15:48 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
12:16:30 >>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.
12:17:00 >>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 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 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
12:18:32 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
12:21:04 >>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.
12:21:13 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.
12:23:34 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 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.
12:24:37 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
12:25:56 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 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
12:28:11 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
12:28:44 He could offer other comments on the services that are
12:28:48 >> Good afternoon.
12:28:50 I'm Jim Freyvogel, president and CEO, MacDonald Training
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 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 All in favor?
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
12:32:17 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 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 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
12:33:23 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 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
12:33:50 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
12:36:24 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
12:36:35 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
12:36:59 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 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
12:39:11 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 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 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
12:40:22 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
12:40:40 >>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 >>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.
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