Tampa City Council
Thursday, May 22, 2014
9:00 a.m. Workshop Session
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09:03:56 >>CHARLIE MIRANDA:
City Council is called to order.
The chair yields to Mrs. Lisa Montelione.
09:04:03 >>LISA MONTELIONE:
Thank you, Mr. Chair.
This morning, we have with us no stranger to Tampa City
Council, pastor Tom Atchison of New Beginnings of Tampa,
including emergency shelter beds for men and women as well
as transition living with 250 beds for men and women.
New beginnings serves veterans through a veterans program
for transitioning into permanent house.
Dr. Atchison has a doctorate in theology from Berean
college, received the City of Tampa Hero of the Year Award
from Bank of America, as well as being awarded the community
Hero from the Tampa Lightning Foundation.
He served on the Board of Directors of Outreach Tampa and
Seminole Heights Baptist church and former vice-president
for Hillsborough County Organization for Hope and Equality.
A group of 30 congregates and mosques to promote social
justice in Tampa.
The New Life Pentecostal Church of God in Tampa for 16 years
and uses his 35 years of experience in ministry and cries us
counseling to serve the disenfranchised.
So pastor?
And would everyone remain standing for the pledge after we
say the prayer.
09:05:18 >> Heavenly Father, thank you for this beautiful day in
Tampa Bay.
We ask your guidance and your wisdom in the tough decisions
that this great council needs to make today.
May the direction of the council be focused on what will
benefit this great city as well as each of its citizens.
We thank you today for your love and your mercy that you
have given us today.
In your precious name, amen.
[ Pledge of Allegiance ]
09:06:06 >> Roll call.
09:06:06 >>MIKE SUAREZ:
Here.
09:06:08 >>FRANK REDDICK:
Here.
09:06:09 >>MARY MULHERN:
Here.
09:06:10 >>HARRY COHEN:
Here.
09:06:11 >>LISA MONTELIONE:
Here.
09:06:14 >>CHARLIE MIRANDA:
Here.
Ceremonial activities.
Item number 1.
Commendation for police officers of the month to be handled
by Mr. Frank Reddick.
09:06:22 >>FRANK REDDICK:
Good morning, council.
It's a pleasure once again to present this commendation to
Officer of the Month for the month of May 2014, officer
Edwin Galvin.
Turn it over to the chief.
09:06:52 >> Chief Castor:
Good morning.
I feel like I should break out in song which would be a
tragedy.
09:07:03 >>CHARLIE MIRANDA:
As long as you don't sing we are all
happy.
09:07:05 >> That is true.
My father used to say I couldn't carry a tune in a bucket.
There you go. It's my pleasure to bring you the best from
TPD.
This is going to be a little different Officer of the Month.
This week it's Edwin Galvin, better known to us as Eddie.
He's been with the Tampa Police Department for 14 years.
And as you all know, we recently implemented a quality
assurance program in the Tampa Police Department, and Eddie
was chosen to go over to the training unit, and has been
instrumental in implementing a lot of that.
We began with inspections, and that's the one word that
strikes fear in police officers' hearts, is inspection.
And what we started with was an inspection of all of our
marked units, and not a white glove type of inspection, but
to make sure that the vehicles were all organized in a way
that any police officer could go to any police vehicle and
grab whatever equipment they needed, whether it was a trauma
kit, fire extinguisher, those types of items.
So Eddie was able to coordinate this entire inspection, and
it consisted of inspecting 614 police cars over eight days
out at the police academy, and he did an amazing job out
there.
He was able to take one of the classrooms, set it up as a
temporary storage unit, bring all the equipment that the
officers may have needed if their fire extinguishers were
expired or anything of that nature.
So he did this basically single handed.
He had a little bit of help but he coordinated all the
officers coming out there, and then did the vehicle
inspection.
And at the end of this, as I said, 614 vehicles, he issued
replacement of 182 boxes of flares, 33 fire extinguishers,
72 first aid kits, 82 throw ropes, 26 trauma kits, 17
traffic vests, 13 stingers and 99 expired OC kits.
So he did an amazing job, which he has done during his
entire 14 years, and he is truly an asset to the Tampa
Police Department, always willing to do anything that we
need.
He is an integral part of our training unit and has done an
azing job over the last 14 years.
So it is my honor to name him as Officer of the Month for
May 2014.
[ Applause ]
09:09:40 >>FRANK REDDICK:
On behalf of Tampa City Council, we would
like to present you with a commendation for being selected
Officer of the Month for the month of May 2014.
Congratulations.
[ Applause ]
09:09:59 >>CHARLIE MIRANDA:
We have made some technical changes and
now you don't need to carry the hand held Mike.
Supposedly it will pick it up because we spent $1.95 on new
equipment.
[ Laughter ]
And I'm taking after you, chief.
I cut corners when I can.
09:10:27 >> Good morning, council.
I'm president of the Tampa PBA.
Joining me is Abe Carmack, senior vice-president of the
Tampa PBA.
I'm very pleased to announce that Eddie Sab member of our
PBA, and, chief, we thank you for recognizing the fact that
one of our members is doing a great job, and we would like
to present you with a gift honoring you be for doing such a
great job.
Thank you, Eddie.
09:11:02 >>> Gerald Honeywell, attorney at law.
$75 gift card.
09:11:31 >> Joe Durkin on behalf of Bright House networks.
Eddie, on behalf of all your friends at Bright House, we
present you with one month complimentary services of high
speed network.
Congratulations.
09:11:44 >>> Jill Witecki from Tampa Theatre.
Thank you for what you do for our city.
This is a couple of tickets to our be summer classic and an
annual membership for you and your wife.
09:12:02 >> Representing the Columbia restaurant, Gonzmart family,
and for you a $100 gift card.
09:12:23 >> Steve Stickley representing Stepp's Towing Service on
behalf of Jim, Judy Stepp, I would like to present this
small token of our appreciation for a job well done, and
also we could probably use you over there to inventory --
[ Laughter ]
And also a gift card to Lee Roy Selmon.
09:12:51 >>> Frank DeSoto representing Bill Currie Ford and the
Currie family.
We would like to present you with this watch in appreciation
for a job well done.
09:13:01 >> These flowers are not for you but your significant other.
09:13:17 >> I'm representing the Straz Center for performing arts.
We would like to present you with four tickets to return to
the forbidden planet.
09:13:34 >>STEVE MICHELINI:
I'm going to get this right now.
You get to the dance, get to have popcorn, and eat, and the
only thing missing is your picture.
You have a family important trait at prestige.
And you get to eat again.
So you are going to the Columbia, and then you get to go to
bib a lows, orb the -- BIBALOW's.
You get your picture taken first before you go and eat.
Anyway, congratulations.
We are happy to have you here and have you do what you do
for the city.
Thank you.
09:14:22 >> I'm not going to pick the mike up, is that right?
One of my co-workers, said, Eddie, you are going to have
this happen and there's going to be a parade afterward.
He wasn't kidding.
[ Laughter ]
I will make this quick.
Then I am going to pass out.
[ Laughter ]
I thank the City Council, chief Jane Castor, my major, and
the crew down at 34th street training.
We couldn't have done this without their help.
I was just a small part of it.
It's an honor to be here, and thank you again.
Applause.
09:15:16 >>CHARLIE MIRANDA:
And Chief Castor, I want you to know that
our university of Tampa Spartans are in the World Series.
They left this morning and there's 51 wins and two losses.
And the two losses are the ones that I pitched.
[ Laughter ]
Before you say that, I am going to admit to the.
09:15:39 >> Thank you, council.
Appreciate it.
09:15:42 >>CHARLIE MIRANDA:
Item 2 is presentation, commendation for
the wallet reuse week, handled by Mr. Mike Suarez.
09:16:12 >>MIKE SUAREZ:
Before I start, I have to ask for a motion
to approve a commendation for James Jordan walker who we are
going to present right after the commendation for the water
reuse, and I would like to ask that.
09:16:28 >>CHARLIE MIRANDA:
Seconded by Mr. Cohen.
Second discussion?
All in favor?
Opposed?
The ayes have it unanimously.
09:16:35 >>MIKE SUAREZ:
Last week it was infrastructure.
This week public works week.
We have a lot of things going on in this city.
It's my pleasure to have Brad Baird up here with me.
We are going to talk a little about water reuse and of
course talk to Tampa Bay water right after this
presentation.
It's my pleasure to present the commendation to our water
department for encouraging and promoting water reuse and
conservation.
The city has been using reclaimed water at the Howard F.
Curren advanced wastewater plant.
The McKay base reused energy plant in the south area
reclaimed water or star area since 2003, and Tampa
International Airport since 2009.
Water reuse provides a means for conserving and augmenting
Florida's precious water resources and is key to the state's
sustainable water future.
It's our pleasure as council in oh conjunction with the
Florida water environment association water reuse Florida
together to declare the week of May 18th through
24th, 2014, to be Florida water reuse week.
In addition to that, we do have a proclamation from the
mayor, in addition, naming this week May 18th-24th,
the 2014, as water reuse week.
So we present that on behalf of the mayor.
09:18:11 >>BRAD BAIRD:
You may not know that we have expanded our
reclaimed system and are working to expand it further.
Recently, we have expanded the system down Bayshore
Boulevard, and the adjacent neighborhood, so to serve the
parkway -- further serve the parkway on Bayshore.
We recently expanded down Bayshore Boulevard as well, and
over to port Sutton.
And we are working with Tampa International Airport, with
their expansion, their big expansion to use reclaimed water
for cooling purposes for the entire airport and the
expansion.
So we are working in small ways to accomplish big things,
and we are very proud of that.
So thank you very much.
09:19:03 >>CHARLIE MIRANDA:
Before you leave, there's 42 million
people that are watching would like to know who you are.
09:19:11 >>BRAD BAIRD:
Brad Baird, director, water department.
09:19:14 >>MIKE SUAREZ:
Thank you very much.
Now, okay, chair, it's my pleasure to present this
commendation to James Jordan walker.
We congratulate Mr. Walker object his 29 years of service to
the City of Tampa.
Jordan began his career as an engineering tech one for the
department of public works and transportation division on
June 3rd, 1985.
In 1988, the division recognized his drafting talents and
his position was reclassified to a drafting technician one,
and again in 1992 to a drafting technician two.
As a result of Jordan's passion for drafting complex
transportation improvement plans as well as maintenance of
traffic plans, he received his final promotion in 1995.
His wide range of experience in his career has served him
well as he played major roles in roadway plans as well as
maintenance plans for major traffic events were accurate and
on schedule for implementation and/or construction.
Jordan has made great contributions to the drafting
profession and is held in high regard by his colleagues.
Jordan, you have been a valuable asset to the city.
Therefore, it is our honor as council to present you with
this commendation.
Congratulations.
[ Applause ]
09:21:00 >> I don't have much to say except to give you an idea of
what things were like 29 years ago when I first came to work
here, on the first floor of this building.
I parked right outside in the brickyard.
You drive up to where you work, and you park and get out.
So after a couple of days somebody asked, where are you
parking? I said, oh, right out there.
09:21:40 >>MIKE SUAREZ:
Congratulations once again.
09:22:07 >>CHARLIE MIRANDA:
Item number 3, Mr. Harry Cohen will do
that.
Cohen
It's an honor to have a friend of ours in the community,
Harry, as you well know, tax collector.
09:22:25 >>HARRY COHEN:
Good morning, fellow council members.
It really is truly a great pleasure to welcome my good
friend, our good friend, Doug Belden here this morning.
He is a true son of Tampa.
And we welcome him in a bipartisan spirit.
You know, there's an awful lot of discord in this country
today, and it's important once in awhile to recognize what
is really good in government.
And Doug Belden, as much as anyone in this community, really
does stand for the most important principles of good
government.
Recently, the Hillsborough County commission awarded Doug
Belden and his entire staff, many of who are here today,
with the Elsworth citizens good government award, and this
award is given for responsiveness and effectiveness and
efficiency and integrity.
And it has one by some real pillars of our community of both
political parties over the years, people like Pat Frank and
the late Dottie Berger McKinnon, and Mayor Iorio, and
judge Delfinas.
In that spirit we want to welcome him to City Council and I
want to read to you, Mr. Belden, what this commendation
says.
Tampa City Council commendation presented to Doug Belden in
recognition of your distinguished and long standing career
as Hillsborough County's tax collector.
The honorable Doug Belden and his staff have received
countless awards and recognition, most recently, Doug
received the prestigious Madison Matt Langley award
presented to state tax collectors that made a significant
and lasting impact on the Florida tax collectors association
and the citizens of the State of Florida.
It is only fitting that the Hillsborough County Board of
County Commissioners selected you as the recipient of the
2014 else worth T. Simmons good government award.
The Tampa City Council extends its appreciation for your
commitment to good government at its best, serving the
citizens of Hillsborough County in a responsive, efficient
and effective manner.
It is with deep gratitude for your service that we present
this commendation to you on behalf of the citizens of the
City of Tampa.
And I want to say that he would I was thinking of you this
morning, I was thinking of Publix and their slogan "where
shopping is a pleasure" because the tax collector's office
is the place where paying your taxes is truly a pleasure.
[ Applause ]
09:25:09 >> Doug Belden:
Harry, thank you very much.
Good morning. I would like to thank the members of the
Tampa City Council for inviting me here today.
I was honored and humbled to receive the else worth Simmons
good government award.
My success would not have been possible without the 320
dedicated employees in the tax collector's office.
People do not care how much you know until you know how much
you care.
I sincerely care about my staff and their well-being.
They are hard working and committed to provide excellent
service to our customers every day.
When I took office in 1998 I want to make the tax collectors
a warm efficient and be friendly tax service agency and I
believe my staff and I have achieved this goal.
And I am so grateful that you have taken the time to
recognize me here today.
My grandfather late Dr. Edward Flynn taught me the less
fortunate regardless of their social, economic level, or
ethnicity.
He taught me to get along with people from all walks of life
and bring them together to work as a team for building a
community in.
I'm a life-long resident of the City of Tampa which allows
me the distinct pleasure of knowing many members of this
council especially Charlie Miranda who I have known for over
30 years, Lisa Montelione for over 15 years, and the
privilege to work with Harry Cohen while he was assisting
the clerk of the circuit court.
As an elected official I always felt it was important that
government agencies work together to make our community
better.
That's only possible with strong leadership.
And I believe we have excellent leadership in our county and
city, and through these partnerships we can move the city
forward and help to become an exemplary community.
I would like to take a minute to recognize some of the
city's such great leaders such as my dear friend police
chief Jane Castor.
She has faced difficult times in the department, and handled
them with the utmost professionalism, fairness and
integrity.
I believe she's the best police chief we have ever had.
And Charles Ford has been a friend of mine for many years
and through his commitment, professionalism, hard work and
integrity, he has worked up the ranks to become Tampa Fire
Rescue chief.
Also, long-time friend Mayor Bob Buckhorn, for making Tampa
a great city great place to live and work while addressing
the needs of future generations.
I thank each of you for your support and for all the work
you do for the City of Tampa.
I commend you for putting people before politics.
As common goal, visions and leadership we are able to build
a strong, healthy, successful community, a community in
which I am very proud to be part of.
The number one priority, family, most important to me is my
son Doug junior.
I want to thank him for all the love and inspiration he
gives me.
His love and dedication is what gives me the drive,
determination and passion to do the very best in everything
I undertake.
Thank you for taking the time to recognize me this morning.
It is truly an honor.
Thank you.
[ Applause ]
09:28:23 >>MIKE SUAREZ:
Thank you, chair.
Mr. Belden, I want to point out that probably right after I
got elected, you invited me to the Sterling council group in
Orlando.
I went to that, which is something that you spearheaded
through your agency, and the kind of practices that they
talk about is really what makes your agency great, which is
making the customer first, that taxpayer that comes in here,
comes in to your offices in order to treat them right.
Now, I wouldn't go as far as to say Mr. Cohen paying my
taxes is a pleasure [ Laughter ]
But you have made the act of paying taxes a lot less
painful.
So thank you very much for your service and what you do for
our county.
09:29:12 >>LISA MONTELIONE:
Thank you.
Did you have to say 15 years, Doug?
When I first started working at Hillsborough County it was
planning growth management that was applying for the
Sterling award.
We didn't get that award, and it was a lot of work to
prepare for it.
But your guidance be, your staff and preparation for all of
the changes that have taken place there is nothing short of
azing.
And when people go to county center, I have got to say,
that's where they feel the most comfortable, that they are
going to go in, they are going to know when they are served,
be greeted by courteous individuals on your staff, and it is
a testament because it's not an easy job to make the changes
that you made.
And, boy, they were wholesale changes.
So congratulations on that.
And I know a lot of your staff members, and I have nothing
but the utmost respect, and that really Sab testament to how
you have led that tax collector's office.
And not just in the downtown buildings but in every facility
that you operate.
It's just really not a pleasure to pay the fax taxes.
And I remember writing up the changes, Doug Belden, make
sure you put the comma tax collector after that.
I remember you said that and it was the funniest thing.
But thank you very much for the service to the community
that you have given over the years.
09:30:50 >> Doug, thank you.
On behalf of Tampa City Council, all of us, it's a pleasure
to see you here.
It's a pleasure to see how you change that up.
In fact, I was there recently and was honored.
I felt at home.
I wish I could have paid more because that means I would
have made more.
And I'm not opposed to that.
But I have one complaint.
You sit down in C-47, and E-12, and I had bingo and never
collected be a thing.
Sat there and played the game.
[ Laughter ]
But I appreciate it very much.
It's a great system.
Everybody was there happy.
They were playing bingo and didn't even know it.
But I enjoyed that so much.
And I appreciate all the innovations you have done.
Thank you very much.
God bless you.
Take care.
[ Applause ]
We have one more come Dane -- if we had one more
commendation then the room would be empty.
We have public comments.
And then we are going to hear from our fine general manager,
Tampa Bay water Matt Jordan.
Anyone in the public care to speak to any matter on the
agenda or off the agenda, please come forward.
Any comments you he would like to make on the workshop.
The workshop, we have three minutes at the end of the
workshop but you are entitled to speak on three minutes on
anything you like.
I want to make sure I cleared the record.
09:32:49 >> My name is pastor Frank R. Williams, missionary Baptist
church.
And I have got a few comments to make today, but I know you
won't allow me the time to make them.
But I made a statement last week about the crosswalk on
Hillsborough.
And what we need, we need an overhead crosswalk.
If you don't, you are going to have many, many more deaths.
And if we are going to put money into a person's life, and I
think that is ridiculous.
And what we need to do, if you don't have the money like
Frank Reddick say you don't have the money, go to Bank of
erica, where the government allowed them $787 billion,
tell them to give you some money so you can build that
overhead.
And not only that, but get enough money to build a speed
train from Orlando to Tampa, and Orlando to Miami.
That's the people's tax money.
And I don't see why you all want to control our money which
we pay taxes and paying taxes all our lives, and yet we get
no representation whatsoever.
It's not fair.
We are going to wait till some child get killed on
Hillsborough between 22nd and 30th street before we
decide to do anything about it.
And anytime you put money ahead of somebody's life, you have
got to realize, you have got children, too.
You have got grandchildren.
What if one of them go down there and get killed on
Hillsborough Avenue?
I noticed you all won't allow the time for me to say it all.
We talked about -- and I am going to go this way first --
come and read the KORAN, and I came to read the holy word of
God.
I feel you violate my be civil rights, my human rights, and
I think somebody got to answer to me for that.
We got to understand, we are all the citizens of the United
States of America, regardless of what color we are.
(Bell sounds)
That's looking at a person's color and trying to judge them.
I'm concerned about the way you carry on.
And then once again the captain but got out of here, but
I'll mail it to her.
I want you to read it and give me a response.
Please give me a response.
Give me a response why you won't build that overhead at
Hillsborough and save people's lives.
Otherwise, many children are going to get killed.
Right now you all have a death trap across the other.
(Bell sounds)
Can you all give me a response today?
No, I know you won't.
09:36:15 >> Okay, then I guess I don't have to introduce myself.
This is going to be opening things up a little bit here.
I did finally put everything I was going to say on the basis
of the items on the agenda.
But this is in today's paper, TBT, and that dovetails with
something I brought up yesterday at county commission about
the technology card on aviation, and one thing I forgot to
mention is hydrogen cost $1.50 a gallon but you have to
remember that a gallon is a volumetric thing, 7.5 of them so
basically it ends up -- $6 for the equivalent of a gallon of
gasoline.
But I think that was wrong.
It's actually 7.50, because I always heard 5 discussed.
But, anyway, that will be a point of departure in the
future.
I was going to talk about water, but I couldn't find my show
and tell for item 4.
It was the lobster that Publix had on sale.
The sale ended Wednesday so it's not on sale anymore so I
will try to bring that next week.
So to address item 5.
Again to reiterate something I said, that I am in favor of
medical marijuana, but I don't think it really is going to
be regulated enough.
I mean, that's what the challenge is here, that it's got to
be very extensively regulated, and the thing is Washington
is very strict on this and Colorado isn't.
And California is kind of sitting back and watching and
waiting to see what they are going to do.
But the things are kind of out of control in Colorado.
But essentially, I mean for people who want to pay, I think,
$500 an ounce or some ridiculous amount, and the tax on that
so it raises money for the government.
But the thing is, people are making recreational use.
And be I brought this up again, the places people go to get
methadone, put medical marijuana on the same basis, as well
as the nicotine from the E-cigarettes because the
E-cigarettes, it's the nicotine in them which causes heart
problems.
So those two things have got to go to the methadone clinic
to have security, have procedures, et cetera, et cetera,
et cetera.
So, anyway, that's the item on the issue.
(Bell sounds).
09:39:27 >>CHARLIE MIRANDA:
Thank you.
50 times a day.
09:39:47 >>CHARLIE MIRANDA:
51 now.
09:39:48 >> I'm Teresa Miller.
I wasn't real certain exactly what the specific topic was
today with medical marijuana, what you were looking for.
So I chose what I think is most important.
And I would be remiss not to say that I am shocked that this
got on our amendment.
It's very disappointing.
This should really be about health and safety and should not
have entered into the politics, the political realm.
Growing pot or allowing marijuana in our state not only
circumvents the FDA process for medication but will leave to
a devastating outcome in our community, as you can see in
Colorado.
No major national medical association in the United States
has expressed support for legalization, and many have
expressly stated their opposition to legalization of
marijuana, both recreational and medical purposes.
For crude marijuana, components of marijuana, indeed have
medical use and should be researched and dispensed safely,
but not in the smoked form through pharmacies -- not in a
smoked form.
The national educator drug abuse, substance abuse and mental
health is association, American glaucoma association,
erican Academy of Pediatrics, and several other agencies
all state that this form of medical marijuana that's on the
ballot is not safe, and that we need to do research, not
circumvent the FDA.
That being said, I would like the City of Tampa to consider
joining the sheriffs association and be a partner there.
I think it would serve our community better if and how we
can prevent this from being legalized.
As you can see, we are a target again, like we were for pill
mills, and no matter what people are going to tell you about
the amendment, if you read the amendment, it in no way
states that any of the restrictions that need to be in
place -- and it's all being put on the Florida Department of
Health -- and I don't know how you can depend on the
government and our Florida Department of Health that blew up
the Oxycontin and prescription drugs that should be easy to
regulate and expect the Florida Department of Health to
regulate marijuana.
It's a disaster in the other states.
I am going to quote a few things that the governor of
Colorado said.
And this is what I think we need to focus if this does pass
is the unintended consequences with easier access to drugs
and the sentiment that pot is not danger errors lessen it is
effects of tragedy of its own making.
One in six children will be exposed to medical marijuana.
Using the expected revenue for taxes on pot sales, the
governor wants to spend $45.5 million for use of prevention.
$40 million for substance abuse treatment.
And $12 million for public health.
And a media campaign.
That's write think we need to spend our time and money
getting the word out because this is about health and
safety.
09:43:11 >>CHARLIE MIRANDA:
Thank you very much.
Next, please.
09:43:13 >> Good morning.
I'm Ellen Snelling, and I'm here as a citizen.
521 Lathram circle.
I'm a member of self originals including the anti-drug
alliance.
What I would like to speak about today is the medical
marijuana issue.
And I also would probably speak later after I hear what you
are going to say about the zoning issue.
But I do come as a parent.
I have a daughter who back in the late 90s be started
using drugs, and her drug of choice was marijuana.
And that's why I feel so strongly about the concept of
medical marijuana because I have been working since the time
my daughter had these issues as well as being in the
anti-drug alliance trying to help people to prevent the use
of marijuana in children and also to get people into
treatment.
The concept of medical marijuana was actually hatched up
years ago by normal, and they were trying to really legalize
especially the recreational use, so they came up with a
concept of medical to make it more accessible to the average
person.
What I think true medical marijuana is CBD and cannabidiol.
The research is mainly about that component and county help
with epilepsy, possibly help with cancer, there's a lot of
ways that it can help but it really needs to go through
research the regular way and the FDA so we can find out
exactly how it helps people and what the side effects can
be.
But pure marijuana, the plant, contains THC.
One thing to keep in mind is that the sixth through 70s if
anyone tried it or knows people that did that was only about
2% THC.
The marijuana today is an average of 12% and it goes all the
way up to 30% so it's much more addictive.
My main concern is really the effects on children.
And I saw in my own family, my daughter was a teenager, and
she used marijuana, and she was in several different sports,
she did very well in school, very active in school, and I
saw her grades go down and she almost dropped out.
It was a gateway drug.
She went on to other drugs including LSD, pills, Xanax and
ecstasy, and I had to bring her in for an overdose of that
to the emergency room.
She did go to juvenile drug court and is doing much better.
She's again in recovery.
But I felt like marijuana was definitely a gateway drug for
her.
A lot of research is coming out now how damaging it is to
especially children, damaging to the brain, it could cause
the IQ to drop approximately 8 points.
I mean, nobody wants that for their children.
So I think keep in mind we really should if possible stop
this amendment because of the wording is way too broad.
It doesn't have been newly revised any restrictions on
children.
Children can have been access to marijuana according to the
endment.
There's no age limit.
There's no requirement for parents to even consent.
And like Teresa said, do we think that the Department of
Health will really view the regulations?
That brings us to City Council.
And you talk about ordinances.
They are actually --
(Bell sounds)
So that might be the kind of thing to consider.
Thank you.
09:46:29 >>CHARLIE MIRANDA:
Thank you very much.
Next, please.
09:46:30 >> Spencer, long time resident of Florida, and new resident
to South Tampa.
I'm not here in a military capacity.
But I just wanted to bring up something that's been
bothering me for a little while since I lived here in Tampa.
I'm the father of three young ladies, with a fourth on the
way.
Like many residents of Tampa, I have chloride in my water.
I am not here to argue whether fluoride is good for our
teeth or not but I am asking if fluoride is good for our
teeth why are we drinking it?
It's a topical treatment.
Toothpaste tells users not to swallow it and if be they do
to get be help from the poison control center.
They tell us not to swallow our fluoride after a dental
cleaning.
Like fluoride, it's a topical treatment.
And why do we use this water to wash our clothes and for
bathing?
Fluoride hardens our teeth, right? If it's good for our
skin -- is it good for our skin?
Is it good for our eyes?
What does fluoride do to our internal organs?
The American dental association has -- ingesting fluoride is
in fact dangerous F.this city truly wants to promote dental
health and the dental health of its citizens, why not take
funds used to pay for an annual dental cleaning and exam for
all Tampa city residents?
That would make more sense.
I don't want chloride in my water, on my skin or on my
children.
I don't want in the our bath or drinking water.
It bothers me that I can't control the fluoride that comes
into my home.
It would cost me about $8,000 to install a reverse osmosis
water treatment filtration device so I could control the
ount of fluoride that gets to my children.
It bother itself me I can't take a shower in my own bath
without inhaling chloro-- chlorine gas but something that I
purchased from a site on the Internet.
To feel comfortable in my own home, I take a combat shower
using a one gallon jug of purified water each night.
I find it hard to convince my daughter not to swallow water
after a long day.
I find it difficult to tell my daughter not to drink our
home tap water when they are thirsty and Tampa water is
supposed to be clean, healthy and safe.
I want fluoride removed from Tampa water.
It would save taxpayers millions of dollars and the costs of
chemicals currently used.
You can reduce the cost of upkeep which I know is on the
budget for this year for the replacement of corroded pipes
caused by injecting fluoride into the water, and reduce
toxic chemicals.
Please consider removing fluoride from Tampa's water.
Thank you.
09:49:41 >>CHARLIE MIRANDA:
Thank you very much, sir.
Anyone else from the public who has not spoke care to speak
at this time?
Okay, we go to item number 4.
It's Mr. Matt Jordan from Tampa Bay water.
09:49:54 >> Good morning, Chairman Miranda and council members.
I do appreciate the opportunity before you today.
And before I have a little bit of a resume I would like to
provide for the council with regard to Tampa Bay water but I
would like to introduce some officers from Tampa Bay water
that are in attendance today.
We have Mr. Chuck -- our officer in charge of producing
water every day for member governments and also have chief
financial officer Christina Saget and chief communications
officer Michelle riddle.
I want to start off by talking about what is the mission of
Tampa Bay water, and that is to provide safe and clean water
to the Tampa Bay region now and into the future.
And we are governed by a nine-member board, and be Chairman
Miranda serves on that board, and the goals of the board is
to make sure that we are a reliable utility, that we are a
sustainable utility, because we are entrusted with making
sure not only that we deliver water to our member
governments but we do it in a way that is sustainable.
We have to be good stewards of the national resources and
water that we have here in Florida.
Those resources are certainly utilized by the current
residents but we also have a responsibility of maintaining
those resources for the future, which we do a lot of
research and planning to ensure that Tampa Bay water does
just that.
Tampa Bay water is unique in one area in particular in the
fact that we have three separate water sources.
Not many have the three that Tampa Bay water has.
32% of our water supply comes from surface water, from
rivers, and we have about 8% from seawater and then 60% of
our water still comes from the ground.
When Tampa Bay water was first created back in 1998, 100% of
the water came from the ground.
And since that time, Tampa Bay water, all the member
governments, helped us to build over a billion gallons of
infrastructure to ensure that we could deliver on our
commitment to deliver water now and into the future.
This year, we have been quite fortunate to have an abundance
of water on our rainfall.
I'm new to Florida, been here about ten months, and I'm
actually from North Carolina.
Maybe you noticed that.
Maybe not.
But I was fortunate enough to work almost 30 years mostly in
local government working for municipal government and public
works and utilities, and working for our water and sewer
authorities as well, but happy to be in Florida.
And everyone told me this is the dry season.
And a few days have been dry.
But it's been quite fortunate for us, and if we pick a year
to be wet, this is probably one we would pick.
So we are grateful for that.
Tampa Bay water, like most all of the water utilities across
the nation, saw great declines in demand starting around
2008 when the downturn of the economy, a lot of things
happened, and the same thing happened here at Tampa Bay
water.
Since that time, we had about 2010.
Since that time we have seen a rebound of about 4% increase
in demands.
This year, this past year was a little bit under that
because of the additional rainfall.
We believe that we received.
Over the years, as I mention, we built over a billion
dollars worth of infrastructure to provide water, and we
have had rate increases over the years to pay the debt
service on those improvements.
The last three years, Tampa Bay water has been able to
maintain the current rate, and not increase our uniform rate
that we charge all of the member governments for their
water.
And next month, I presented this year's upcoming fiscal year
budget to the board, and they are scheduled to consider that
next month be at the June meeting.
And this budget again calls for no rate increase, and we are
proposing for the fourth year to maintain the same uniform
rate for all of our members.
Looking back over the last 12 months in particular, Tampa
Bay water celebrated 15 years, and was part of a milestone,
and we talked about the 15 years of Tampa Bay water, and
what it took for Tampa Bay water to become the fine
utilities today, reflected on all the hard work, dedication,
cooperation, of member governments boards, the Tampa Bay
water board, a lot of people worked very hard and made a lot
of contributions, a lot of careful planning to produce a
utility that is a true regional solution for water for the
Tampa Bay area.
And it's one that is be looked upon around the state as a
model for others to follow.
And so something that you and all the other member
governments I'm sure are very proud of and certainly can
take good cover in knowing that we are here to deliver any
water needs that you may have.
I know that Tampa provides most of its own water.
Currently we are in a position where if you need water, we
will provide that water now and into the future.
In December the board also approved the long-term master
water plan.
And what that is, as I said earlier, our mission to provide
water now and into the future.
This is the future part.
We had every five years we have taken very comprehensive low
at all of the capacity, all the member demands, we meet with
your staff, and get information from them to make sure that
we understand what your water needs may be over the next
several years, or 10 to 20 year, and then we look at our
current capacity to make sure that we are on track to add
any additional capacity that may be needed.
I guess the good news is right now that we don't see any
additional capacity in the necessary term.
That seems to be probably getting close to 15 years, could
be in the future before any additional capacity is needed.
But we will check that every year to make sure that that's
still a valid assumption or valid projection, because we all
know things change. But as we stand today, we are in very
good shape, and what we are doing as a utility is we are
moving more into an asset management mode, because again,
over a billion dollars was an asset, now entrusted to Tampa
Bay water to maintain.
And that's a big responsibility to make sure that we are
taking care of those assets.
And we have, and we will.
And in order to make sure that there's total be a assurance
there, we are looking at a way to implement a very
sophisticated system with all of our key assets to make sure
we are planning for the timely maintenance and replacement
moving forward.
We have also completed, here in Hillsborough County, and
made some improvement there for water quality and also the
wellfield connection.
We work cooperatively with Pinellas County.
And completed those projects last year.
And I would also like to say that we worked very closely.
And I have had certainly the opportunity to meet with
Mr. Baird and his staff and talk about all water issues.
One of the things that I asked the other member utility
directors to do is if they would get together, all of us get
together, about every quarter at least as needed, to make
sure that we are meeting the needs of Tampa now and into the
future and we do have operations that affect each other.
We will make sure we are effectively coordinating those, and
just an opportunity to network and discuss things.
And it's very important because obviously the better job we
do working together, you know, the better result we'll have
for our community that we both serve.
The other thing that is ongoing, that's been going on since
last year, is the renovation of the reservoir.
Tampa Bay water has a reservoir that, when it's operational,
holds over 15 billion gallons of water to get us through the
typical drought periods that we experience here in the Tampa
Bay area.
As we stand today, we are still on schedule to have that
completed.
We are installing a drainage layer that was not part of the
original design, and we are currently working with a
contractor on the punch list items.
There's still work to be done.
We have a schedule to ensure that we are -- we have a
schedule to allow us to partially fill the reservoir
starting in July 29th as the date to start filling in,
and we should be able to at least fill the reservoir halfway
at that point, and allow us to take advantage of
the rainfall we will be having that time of year and also
allow to finish the sea wall at the top of the reservoir ^
So I do appreciate the opportunity to come before you today
to give you this brief general update of Tampa Bay water,
and also to meet you.
I have certainly enjoyed my tenure here so far in the Tampa
Bay area.
Obviously it's a very beautiful place, a great community,
one that I am happy to join, and Tampa Bay water, you can
certainly rest assured that as in the past we will certainly
be a good partner for the City of Tampa.
We will certainly do everything we can to work with you as
we have, and we very much appreciate the good cooperation
that we have always received from your staff.
Thank you for your time.
10:00:51 >>CHARLIE MIRANDA:
Mr. Cohen?
10:00:51 >>HARRY COHEN:
Thank you very much, Mr. Chair.
Thank you very much, Mr. Jordan, for that report.
I know people are reassured and it's true that we have had a
method yet here and that means that we have ample water.
What happens -- we read these stories, see in the news about
the wildfires in California, the droughts that have occurred
out west.
What happens when communities actually run out of water?
What do they do at that point?
How do they deal with it?
10:01:27 >> Well, obviously, I think one of the great things -- and
it's also got another part of this -- is that we have done
such a good job in the United States of America to really
move forward in water treatment and the delivery of water,
treatment of wastewater, that in many respects we take that
for granted.
And, you know, when those things happen it reminds us that's
not always the case.
And as you have seen in years past here in the Tampa Bay
area, where there were some communities that were facing
concerns about water, and trying to find solutions, and, you
know, what do you do?
Well, obviously, what the Tampa Bay area diabetes was create
a regional authority to make sure that be you all did not
face.
That right now you are in a very good position having the
robust utility of Tampa Bay water as your backup.
You are providing your own water.
You have Tampa Bay water standing behind you when you do
need water.
We stand at the ready to serve you.
And in the future as your water demands increase, we'll
certainly work to meet those demands.
To answer your question more directly, what do you do?
If you start to run out of water, because water is such a
fundamental thing to life -- you can do without a lot of
things but water is not one of them.
So obviously when you run into -- you need to plan, try to
be avoid that first of all.
But as you find yourself in an emergency sometimes it can
happen, it will last for hours or days.
You do a lot of things to try to only allow the essential
water use that would allow to you lower your demands to get
through those difficult periods of time.
But that is something that we all have worked and we should
work very hard to make sure we always avoid, and I believe
we are in a very God position at Tampa Bay not to have that
problem.
10:03:15 >>HARRY COHEN:
What be do they actually do?
I mean, has anyone actually, as a town or municipality, ever
run out of water?
10:03:25 >> Well, you saw we heard recently, I believe in West
Virginia, they didn't run out of water, but their water
source became a way that they couldn't use it because of the
chemical swill.
They had to bring the National Guard, they brought in
tankers, they had people coming up to these water Buffalos,
as we call them, and filling up with water.
And it's just a very stark reminder of how important water
is.
And the National Guard and the other groups come in and
grant relief.
It difficult.
It's painful.
10:03:58 >> For drinking wallet.
But agriculture shuts down, and be --
10:04:02 >> It's just a crisis U.and you do what you can to take care
of the basic needs.
Water is such a different commodity because you need it for
life.
But you also need to the wash your car.
Those are valued differently, right? In dealing with a
crisis, you have to separate what is discretionary and
what's required, and then bring in the resources you can
through the National Guard and others to try to meet those
needs.
10:04:25 >>LISA MONTELIONE:
Thank you for being here.
Welcome to Florida.
Although I couldn't tell at all that you were from North
Carolina.
[ Laughter ]
The Tampa Bay water owns a lot of land.
You are talking about asset management before.
And as we saw I think earlier this year, late last year, the
EPC also owns a lot of land and they were looking at selling
some of their assets.
Is there protection for the wellfields that Tampa Bay water
owns from the state legislature from ever, you know, dipping
in and testing to sell some lands to make some money?
10:05:08 >> Well, they are protected.
We own the areas in fee simple, we have title, or we are
allowed to operate those well sites, and also allow us to
operate those Wellfield.
We feel very confident that we have what we need to secure
those facilities.
Did you want to add anything?
10:05:30 >>LISA MONTELIONE:
You have to come to the podium.
We don't have a microphone.
10:05:33 >> We are high tech.
10:05:36 >> He's absolutely correct.
There's an interlocal government which a six member
government signed back in 1988.
It's a contract that is ironclad.
10:05:52 >>LISA MONTELIONE:
So you wouldn't be able to sell any
property without all the member governments agreeing?
10:05:58 >> Yes, the majority vote.
Tampa is one of nine members.
So in a meeting and voted on.
10:06:08 >>LISA MONTELIONE:
Protection of those wellfield is very
important.
10:06:10 >> Absolutely.
10:06:12 >>CHARLIE MIRANDA:
Let me say this, and chuck and the rest
us here, I really appreciate you being here.
You know, we drink the same water, the last 50 million
years, and what changes is how the water comes from nature
through rainfall.
And it changes.
Geographically, sometimes you will have droughts in one area
and floods in another, and then ten years later it just
reverses.
And what Tampa Bay water has done since 1998 is entrusted
all the governments to get together and stop fighting each
other and work collaboratively to make these things a
reality.
Through the system of connecting all the units, all building
another surface water plant, building the reservoir,
building the desal plant, you have ensured that the next 15
or 20 years that you will have enough supply.
However, the population, when I was a kid, was 4 million.
Now it's approaching 20 or 21 million.
So the demand on water becomes higher.
Without water, forget about jobs, forget about opportunity.
It just doesn't happen.
So what Mr. Jordan is entrusted with is a big responsibility
to make sure -- and we take that for granted that when you
open the faucet you are going to have water.
And you see water all around Florida that's not your
drinking water.
However, through the staff of Tampa Bay water, some of them
become drinking water because the desal plant can REV up to
20 or 24 million gallons a day in a short period of time.
But these things are very crucial to the operation of this
area, and when you look at other areas of indirect water
use, like Orange County, California, all that is all
indirect water use.
And there's not one living microbe in that water.
Sooner or later, as you know this much better than I do, the
population of this area is going to grow by about 450,000
people, and this area -- and Mr. Jordan and his staff are
responsible for keeping tabs of what the growth is going to
be, so the water is there so you can continue to have
prosperity, and to have jobs for people to come into the
area.
We can't build a fence around this area and isolate
ourselves and says in one can't come in.
That doesn't exist nowhere in this country.
And so it's something that we take lightly.
However, going back to be Mr. Cohen's statement, not too
many years ago this whole area was in a drought.
And I remember when we, the City of Tampa, were the first to
put the crisis sign up and stop water use on the outside
lawns.
And let me tell you something, you want to get the phone
ringing? You stop watering the lawns.
And we did that.
And we were about four and a half, five days out from not
having water.
And it was because of this agency and working with SWFWMD
that we were able to get the pipes in from Texas, tweed
bring them in, to bring water from every territory that we
could get to fill some of our reservoir in the Hillsborough
River to do that.
This city is also poised by having aquifer water source and
recovery, and we have about 1.2 billion underground that
during the drought season we pull up so many millions a day
to meet the demand.
So we are poised to try to solve any problem looking
forward.
Are we perfect?
No, I don't think no one is.
But at least we are prepared much better an lot of other
places in this country.
So thank you for being here.
I don't know if there are any comments or questions by
council members.
But if not we really appreciate the work you and your staff
are doing.
And keep it up and thanks again.
10:10:13 >> Thank you, sir.
10:10:17 >>CHARLIE MIRANDA:
Okay.
We go now to the workshop.
Need to open 5 and 6.
Open the workshop.
Motion by Mrs. Montelione.
Second by Mr. Cohen.
All in favor of the motion?
Opposed?
Workshop is now open.
Item number 5.
Yes, ma'am.
10:10:37 >>GINA GRIMES:
With the law firm of Hill, Ward, Henderson.
And we appreciate the opportunity to be able to make this
presentation to you this morning.
I'm going to be joined in the presentation by your city
attorney Julia Cole as well as two members of my law firm,
Morris Massey and Steven Liverpool, and I think Morris has
handed out the presentation so that you can follow along.
And I am also going to put it on the Elmo.
Back in January, when the Supreme Court first approved
medical marijuana to be on the ballot, we began as former
government attorneys and land use attorneys, we began
looking at this issue and one of the first things we thought
of which is probably one of the first things you thought of,
is how will these businesses be regulated and where will
they be located?
That being such an important land use issue.
As we researched it we soon realized there are a lot of
different implications to local government that need to be
addressed, and that was really one of the pursuance behind
this workshop, was to inform you about those kind of
implications.
And I also want to say that this workshop and this
presentation is intended to be informational and educational
only.
None of us are taking a position either for or against
medical marijuana with, I is simply here to tell you what
you can expect if the measure is approved.
What you as local government officials will be able to
regulate the medical marijuana on business and industry will
depend a lot on what the state does.
So it's an open issue still at this point.
You may be in a position where you will be able to regulate
the location of medical marijuana-type businesses, related
businesses, or you may not.
It's going to depend on how the state adopts the various
regulations that they are responsible for adopting, and also
will depend on whether the legislature and the legislation
may pass preempts the local governments from regulating
certain areas of this business or industry.
Before we go into some of the specific alternatives that you
may have, I think it's important to give you some context
about how medical marijuana has been dealt with in other
states.
We are not going to spend a lot of time on that topic
because I know you want to get down to the issue of what
does it mean to all of you.
So we are going to go from the broad topic of how it's dealt
with in other states to the very specific topics as to how
it's dealt with in other cities and counties in Florida.
10:13:21 >>HARRY COHEN:
One moment.
Councilman Mulhern has a question.
10:13:24 >>MARY MULHERN:
Can I ask you to start -- I think it would
be helpful for me -- and I don't know about my colleagues --
but if they agree with me to start with just going over the
actual amendment, our amendment, not all the definitions,
but just the first part of the 3-A through 3 so we know if
we pass it.
And before you get into the bigger picture of how --
10:13:55 >> She's got it there.
10:13:57 >>GINA GRIMES:
It's in the book.
The amendment itself is in there.
But what I want to do just so you can understand the
specifics in Florida's proposed Constitutional amendment was
just to give you some terminology that you need to be
familiar with in order to understand why Florida has
addressed this the way they have.
Again I am not going to spend a lot of time on it.
We are going to go from the general to the specific.
In your package of materials, I am going to start with just
an overview of the states that have medical marijuana laws
already.
And this is actually a map of the magazine governing which I
think you all are familiar with.
And it shows the 21 states and the District of Columbia that
already have medical marijuana laws.
I know some people are concerned that this is going to have
some sort of radical change to land use and to our
community.
But I'm sure like you, as I, have traveled to some of these
states and have never really noticed that they have medical
marijuana.
You perhaps never noticed the facilities, or the
dispensaries.
So I don't know that it would have the radical change that I
think a lot of communities, individuals believe they have.
10:15:10 >>HARRY COHEN:
That's different from Colorado and
Washington where there's a recreational use as well.
10:15:14 >> Correct. Colorado and Washington are colored differently
because they allow not only medical marijuana but also allow
recreational use of marijuana.
We are not talking about that.
We aren't going to get into that at all.
Florida is discussing medical marijuana at this point.
Some of these states adopted through the ballot initiative
similar to what Florida is doing but a lot of these states
also adopted just by legislation, the legislators brought it
forward to the state legislatures and proposed it as state
legislation and Nevada really went to a vote of the
electorate.
Also you have a chart in your package of materials.
And it's simply a sample of six different states that we
thought were states similar to Florida, where they were
larger and more populated.
That's Arizona, California, Colorado, Illinois, Michigan,
and New Jersey.
And all we did by showing you this was these states
addressed various different aspects of the medical marijuana
on business.
They have state registries, they have possession limits
ranging from two ounces all the way up to a half pound, they
have caregiver regulations and dispensary regulations.
And Morris Massey is going to get into more specifics the
different elements of the state regulations in the various
different states.
But as you review the laws of the other states it's also
necessary to become familiar with the term knoll, and some
of this term knoll is terminology that's used in the
Constitutional amendment.
Some of the terminology that you need to be familiar with
starting with medical use, what actually does that mean?
It's the use of marijuana to treat a qualifying patient who
has a debilitating medical condition, and it could include
the delivery, possession, transfer, transportational use of
marijuana by a registered caregiver.
A qualified patient is someone that's been diagnosed by a
physician to have this debilitating medical condition and
who has also been issued a registration card.
Swab debilitating medical condition?
There's a list of various illnesses, cancers, glaucoma,
hepatitis, and be post-traumatic stress disorder, be MS,
chronic or debilitating disease causing severe pain, severe
nausea, muscle spasms, and then there's a catch-all, any
other conditions for which a physician believes that medical
use of marijuana be outweighs the potential risk to the
patient.
One term that you will see quite frequently in all this
legislation, you will see references to dispense rhythms
Mrs. Mulhern, it refers not to dispensaries but to medical
treatment centers.
That's the terminology they use.
And what that is it's registered and licensed by the state
to acquire, cultivate, manufacture, process products such as
products that contain marijuana or to sell and dispense
marijuana, the facilities that you would go to, to acquire
the marijuana.
Either you as a qualified patient, or the caregiver.
And a caregiver, caregiver regulations, because a lot of
these individuals are too sick themselves to go to the
dispensary to obtain the medical marijuana, so they often
have a caregiver.
And that's typically a person who is 21 years old, not been
convicted of a disqualifying felony offense, and usually
there's a limit on how many patients a caregiver can assist.
And usually it's five.
In fact, it's N Florida it's five.
I need to touch just briefly on federal regulations, because
it's important to understand the relationship between state
law and federal law, because in Florida if Florida legalizes
the use of medical marijuana, it has no effect on federal
law which still prohibits the possession, use, production,
and sale of marijuana.
The state law can provide protections against enforcement
for state criminal law but not -- it cannot prevent
prosecution by federal authorities.
And, in fact, there's a Supreme Court opinion that confirms
that.
However that Supreme Court opinion does not question the
state's authority to adopt its own regulations authorizing
the use of medical marijuana, not withstanding the fact that
it's in violation of federal law.
10:19:56 >>CHARLIE MIRANDA:
Mr. Cohen?
10:19:57 >>HARRY COHEN:
I think Councilwoman Montelione wanted -- I
have a question on.
This so right now, the federal government is not actively
pursuing these types of actions in states that have passed
medical marijuana laws, because my understanding is because
the president is basically directed the Justice Department
not to do that.
If someone else were present and took a different view and
the Justice Department decided to go back to enforcing the
federal laws could, we see a situation where the federal
government stepped in and actually put a stop to this, even
though different states have approved it?
10:20:46 >>GINA GRIMES:
Yes.
That could occur.
10:20:48 >>HARRY COHEN:
Some uncertainty as to where the federal
government --
10:20:52 >>GINA GRIMES:
That's correct.
But the effect of that would not be as significant as you
might think, because according to the statistics, almost 90%
of the arrests related to marijuana are arrests made by
state and local authorities and not federal authorities.
I think the federal authorities concentrate on larger
ounts of marijuana, and those kind of individuals that are
dealing in that area, and not necessarily an individual who
might have a disease that has a very small amount, as I
said, some things regulated two ounces all the way up to
eight ounces.
Those are small amounts that I doubt the federal government
would direct resources towards.
But it is possible.
Especially when you are dealing with be the cultivation of
marijuana and large amounts of it.
10:21:46 >>CHARLIE MIRANDA:
Mrs. Mulhern, then Mrs. Capin.
10:21:47 >>MARY MULHERN:
Was that a Supreme Court?
10:21:52 >>GINA GRIMES:
Yes.
In 2005.
10:21:54 >>MARY MULHERN:
2005.
So --
10:21:56 >>GINA GRIMES:
A time when there were several states that
were first --
10:22:00 >>MARY MULHERN:
So is Congress looking at that?
At some kind of --
10:22:08 >> Not that I am aware of, no.
As an example of how the states are trying to reconcile
their laws with federal laws, in this bullet you can see
that sometimes the language of the state law has to be
carefully worded, because what you cannot do is require or
authorize any kind of action which violates federal law.
And to give you an example, physicians under federal law
cannot prescribe marijuana regulated under federal law as
well as state law, and they can't prescribe marijuana
because it's in violation of federal law.
So the various regulations dealing with medical marijuana
don't require physicians to prescribe it, but even federal
law allows physicians to evaluate the risks and benefits to
a patient.
So you will see language in the statute and in the
Constitutional amendment that mandate that a physician
evaluate a patient and determine whether the benefits of
medical marijuana outweigh the risk of that individual but
it doesn't prescribe the medical marijuana, it simply
certifies that they have this condition and they are
eligible to use medical marijuana.
So that was a way that state law tries to reconcile with
federal law.
10:23:26 >> So in the states where it's legal, medical marijuana, you
have to get certified by a physician that you have a
condition?
10:23:39 >> Correct.
Certification.
And then you have to register with the state.
And get an identification card that says that you have the
certification from the physician, and you have this
identification card.
10:23:54 >>MARY MULHERN:
Right.
That's all strange, because it's not treated as a
medication, even though it's being legalized as a
medication.
10:24:11 >>GINA GRIMES:
It's not prescribed.
It's an evaluation that's done to determine do the benefits
outweigh the risks of that particular patient?
10:24:20 >>MARY MULHERN:
Right.
But normallial medication when prescribed has --
10:24:26 >>GINA GRIMES:
I understand.
10:24:27 >>CHARLIE MIRANDA:
Mrs. Capin?
I'm sorry.
10:24:28 >>MARY MULHERN:
-- about limit on the number and --
10:24:35 >>CHARLIE MIRANDA:
Mrs. Capin.
10:24:37 >>YVONNE CAPIN:
When my colleague brought up about the
president, and from was another sitting president, and would
not stop us two from being -- what you read here, federal
law allows physicians to evaluate.
So within the federal law, it already -- it's being allowed
to be evaluated.
10:25:01 >>GINA GRIMES:
Evaluated, not prescribed.
10:25:03 >>YVONNE CAPIN:
But not prescribed or dispensed.
But because of that I can see where the federal government
would fall short on really going after the states that have
it.
10:25:20 >>GINA GRIMES:
I think it's more the cultivation and
possession of marijuana, that they still have jurisdiction
to enforce those kind of laws, and not necessarily, you
know, against the doctors, since the doctors aren't
prescribing, they are evaluating.
10:25:35 >>YVONNE CAPIN:
But in your estimation, it would not be
as --
10:25:45 >>GINA GRIMES:
Statistics show that typically a federal
government does not make the greater percentage of arrests
related to marijuana.
At this time state and local authorities that make those
arrests.
10:25:59 >>YVONNE CAPIN:
So they would be going after the larger
cartels, if you will?
10:26:04 >> Yes.
Or any company or individual that might produce large
ounts of marijuana.
10:26:09 >>YVONNE CAPIN:
Thank you.
10:26:10 >>CHARLIE MIRANDA:
Any others at this time?
Continue, Ms. Grimes.
10:26:14 >>GINA GRIMES:
Before I get into the proposed Constitutional
endment and we talk about the 2014 legislation, Mr. Massey
is going to address just briefly the regulations in other
states so you can get a feel as to where Florida falls as
far as strictness or leniency in its proposed Constitutional
endment versus the laws in other states.
10:26:45 >>MORRIS MASSEY:
Some of this has already been touched on
through your questions to Ms. Grimes, so I won't go into too
much detail.
But if you look at the state law that has been passed at the
ballot initiative, regarding medical marijuana, there's some
common elements and requirements in almost all of them but
the way they have enacted or implied them, it varies greatly
between different states.
All of them define medical conditions warranting the use of
medical marijuana, but all of them require verification of a
condition and a recommendation from a physician, again
physicians can't be prescribe the medical marijuana they
require, that you do have that medical condition, and they
evaluate it, and the benefit of having medical marijuana
that treats that condition outweighs any detrimental
effects.
All states require a state registry or I.D. card, although
California is optional to have I.D. cards.
Almost every other state is mandatory that you register the
state registry which is confidential and you issue I.D.
card.
That's part of the process.
California strangely is optional still.
As Mrs. Grimes stated in almost all cases there are
regulations placed on caregivers.
Caregivers are limited total number of patient they can see,
location of patients, how much of the medical marijuana they
can have at any time, that sort of thing.
As long as these physicians, caregivers and patients are in
compliance with be the state regulations, they are exempted
from criminal prosecution under state law.
But almost all these laws or regulations prohibit use sale
or use of marijuana for any other purpose other than
specifically stated statute or ballot initiative.
Most provide licensing requirements for dispensaries,
cultivation facility.
Some of them be seem very broad, kind of like what you would
see for alcoholic beverages.
Others, it's very rigid.
They are very rigid about the number in the state, location,
specific criteria.
And the states have regulated that in various manners.
Since the regulations are almost nonexistent it's up to the
local government to regulate it.
In other states, the state legislature has stepped in, and
has prescribed state legislation almost to the point where
the government really had little to say or do about this.
Some of the evolving issues is the manufacturer of products
containing medical marijuana, that's something states are
going deal with.
A lot of legislation out there doesn't directly address
that.
Because that's something states are having to deal with.
Regulation of transportation distribution, that's becoming a
greater issue and then another issue with federal law is
banking, under federal banking law, the banks are not
supposed to have revenue derived from the sale of marijuana,
so that's created an issue for businesses dealing in medical
marijuana.
10:30:04 >>YVONNE CAPIN:
Question.
Maybe the same question.
I know that Colorado had an issue with this.
What was resolved?
10:30:11 >>MORRIS MASSEY:
I think they are looking at doing some sort
of co-op, making financial arrangements that doesn't fall
through the federal banking regulations, but they are
struggling with that right now.
That's an issue.
10:30:24 >>CHARLIE MIRANDA:
Mrs. Montelione.
10:30:25 >>LISA MONTELIONE:
Same question, different element.
Is there any legislation proposed or anyone looking to take
up a change to the federal banking regulations to allow it?
Because I know security industries have popped up in
Colorado who specifically deal in moving cash between
establishments.
And, I mean, that's a concern to have that kind of activity
on our streets.
I'm more concerned about the cash being moved at this point
than the medical marijuana.
10:30:59 >>MORRIS MASSEY:
I'm not aware of any federal legislation at
this point in time but it is a major issue and everyone is
struggling.
But I think the medical marijuana industry and banks and
financial be --
10:31:13 >> Pending --
10:31:14 >> Not that aim wear of.
10:31:16 >> -- change to banking regulations?
10:31:19 >> In a.
As far as it affects you all, in local government generally,
again, it depends largely on what the state does.
In some jurisdictions, for instance, Illinois is one, the
state has come in and has said we are going to have X number
of -- they have to be several thousand feet away from any
residential use.
You know, they have to meet these following criteria.
And the number of places where you could have a distance is
very limit sewed in a lot of political government
jurisdictions there is not going to be a dispensary or
because it's away from the city or county that meets those
state requirements.
If you have a state -- if there's a state legislature here
that steps in and heavily regulation the dispensing,
cultivating issue, to some degree that may be taken out of
the local government and may not be a major issue.
In other jurisdictions, they have very broad licensing
requirements, but really have nothing in their state statute
about location, security, distance separation requirements,
that sort of thing.
So Colorado has a very broad licensing scheme, and then it
has what they call an opt-out where local governments can
opt out of the state licensing scheme, impose their own
licensing scheme, and come up with their own regulations
about where or even if they want to ban it all together
within the jurisdiction of local government.
So these states have done things very differently.
So we are going to have touch see how Florida, if this
Constitutional amendment gets passed, how Florida deals with
that.
So that's an overview of the other states' regulations.
And Gina Grimes will give you an overview of what the ballot
language provides.
10:33:07 >>GINA GRIMES:
We have included in your materials the actual
petition that was circulated that has the full text of the
proposed Constitutional amendment, and probably one of the
first things you will recognize is that the Constitutional
endments aren't nearly this long or detailed.
And I think the intent was in this instance to make sure
that regulations either adopted by the Department of Health
or by the legislature did not circumvent the intention of
the Constitutional amendment which was to allow and make
available medical marijuana for certain types of patients.
But generally speaking, the ballot, on this ballot
initiative, it allows the medical use of marijuana for
individuals with debilitating diseases -- and we already
talked about what they are, and Florida's definition is very
similar to the one that I read to you earlier.
Again it has to be determined by a licensed Florida
physician.
The Constitutional amendment allows caregivers to be assist
patients.
It requires the Department of Health to regulate and
register the medical marijuana treatment centers that
produce and didn't the marijuana, and that's a point I want
to touch on as well a little bit later.
Have to issue the identification cards to the patients and
the caregivers.
And the amendment states applies only to Florida law.
It is not authorized violation of federal law, or does not
authorize non-medical use, possession or production of
marijuana.
Some unique aspects of Florida law deals with the medical
marijuana treatment centers, that terminology.
What's interesting is you see in some states where the
cultivation and the distribution of these treatment centers
has to be the same entity, and I think that's to avoid the
transport of the marijuana from maybe a cultivation site to
a distribution site.
I've seen legislation where they require them to be two
separate entities, perhaps, to avoid concentrating too much
money and power in one entity.
But when you have a cultivation site, or facility, most of
these are indoors, by the way -- not most of them, all of
them are indoors, and not just for the as a resulttation,
the science behind the cultivation and keeping the plants in
a pure state, but it's for security.
You have to realize that this is something that -- this is a
product that they have to keep very secure.
So usually the cultivation is usually conducted indoors.
Also in Florida's legislation, the caregiver is limited to
five patients.
They can assist no more than five patients in acquiring and
dispensing the medical marijuana.
Also, as important as the enabling provisions in this
Constitutional amendment are the limitations that are in
here.
And, again, there's nothing in the Constitutional amendment
affects laws relating to non-medical use, nothing authorizes
the use of medical marijuana by anyone other than a
qualified patient, nothing allows the operation of a motor
vehicle, boat or aircraft while under the influence of
marijuana, similar to what you would have with alcohol.
Nothing requires the violation of federal law or gives you
immunity under federal law.
And these two last items are important.
These limitations are important.
Nothing shall require any accommodation of any on-site
medical use of marijuana and any place of education or
employment or a smoking medical marijuana in any place so
nobody is required to accommodate anyone in their
facilities, whether it's an educational institution, place
of employment, or any public place, not required to
accommodate the smoking of medical marijuana there.
Also, nothing requires any health insurance provider or
government agency or authority to reimburse anybody for any
expenses related to the use of medical marijuana.
And then lastly, nothing in the legislation is intended for
the legislature from enacting -- and this is important --
laws consistent with the proposed Constitutional amendment.
And that's again to avoid somebody sort of state law from
the legislature that would circumvent the intent behind the
Constitutional amendment.
Constitutional amendment also requires the Department of
Health to implement the medical marijuana laws through the
promulgation of regulations.
It requires them to promulgate what are called reasonable
regulations necessary for the implementation and
enforcement -- and this is also important -- and to ensure
the availability and safe use of medical marijuana.
And they have to adopt these regulations within six months
after the affected date of the amendment, which would be
approximately -- the affected date January 6th if it
passes so that we have to have them in place by July of
2015.
What's important about the term "availability" in the intent
section of the Constitutional amendment is that I think not
just the state Department of Health that local governments
have to be careful that they don't overregulate to the
extent that medical marijuana is really not made available
because of regulations that are too restrictive as to the
location.
The regulation includes specific things including procedures
for issuing the I.D. card for the patient and for the
caregiver.
That has to be done within nine months of the affected date.
The Department of Health also has to adopt procedures for
registration of the medical marijuana treatment centers, and
this is a subject area that I think is real important for
you all to keep an eye on, because this will be -- the
regulations issued by the Department of Health with respect
to the treatment centers will be the area where you will
either be preempted or not.
If they choose to regulate the location of the medical
marijuana treatment centers, then you will be preempted and
you won't have the ability to regulate be necessarily the
location.
In the amendment, they don't address location.
They don't say that the Department of Health has to go to
that level of detail of regulation.
But it doesn't also prohibit them from regulating that
subject area, nor does it prohibit the state legislature
from that either.
10:40:11 >>CHARLIE MIRANDA:
Mr. Cohen.
10:40:11 >>HARRY COHEN:
So as I understand it, we really don't know
yet whether or not the state is going to impose its own
conditions on our local zoning and land use powers be --
10:40:29 >>GINA GRIMES:
Right, correct.
10:40:29 >>HARRY COHEN:
And it's gone all sorts of different ways in
the other states.
10:40:34 >>GINA GRIMES:
It.
With this Constitutional amendment, there is no mention of
the state regulating the location, nor is there any mention
of the extent to which local governments can regulate
either.
So that tells me if they intended to restrict it, they
probably would have delegated that in this amendment, they
would have delegated that responsibility to the Department
of Health to regulate that area, and they haven't.
And also --
10:40:58 >>HARRY COHEN:
Does that make you more likely to think that
it's going to end up here?
10:41:02 >>GINA GRIMES:
Yes, makes me think that.
10:41:04 >>HARRY COHEN:
And you see that in the summer of 2015?
10:41:08 >>GINA GRIMES:
That's when the regulations have to be
adopted.
That doesn't mean they can't be adopted sooner than that.
And Ms. Mandell is going to address the issue of timing of
watching these regulations as they are drafted and adopted,
and whether you can take any action prayer to that or
whether you should take any action prior to that and what
type of action that you might want to consider taking.
But it is kind of a wait-and-see situation, because you
don't want to adopt regulations in areas where you are
preempted by the state because of layer adopted regulations
by the state.
10:41:43 >>HARRY COHEN:
Obviously the concern that people are going
to express to us is where are these facilities going to be
located, neighborhoods, schools, and things like that, and
really what you are saying is that until the amendment
either passes or fails, we are not going to nobody whether
it's going to end up here.
10:42:05 >>GINA GRIMES:
It's not just the passage of the amendment,
but the regulations drafted by the state Department of
Health.
That's what's going to be the key.
And also you have to keep an eye on their legislation that
was adopted, and the legislature in this passion past
session.
Mr. Massey will address that in more detail because that
appears to us to be more restrictive than what the
Constitutional amendments state, which is also a conflict
issue and has to be reconciled.
10:42:31 >>HARRY COHEN:
The amendment would trump the legislation if
it passed?
10:42:38 >>GINA GRIMES:
Yes.
And Mr. Liverpool is addressing that specific issue.
But there's also issues related to the timing of when all
these laws take effect because the state legislative
legislation appears to take effect sooner than the
Constitutional amendment would be take effect based on the
dates that be we now have.
The state regulations also have to address the amount of
marijuana that can be presumed to be adequate and they also
have a presentation that states that the confidentiality of
all qualifying patients will be exempt from disclosure into
the public records law and will be confidential.
And now I am going to ask Mr. Massey to come up again and
explain to you again what the state legislation says because
it is dramatically different than what the Constitutional
endment provides.
10:43:37 >>MORRIS MASSEY:
As Ms. Grimes stated before the legislation
did pass approving the use of low THC cannabis, and it's on
Governor Scott's desk, he said he will sign it, but it's
very different from what's on the ballot for Constitutional
endment.
But it allows only the use of one THC cannabis, THC being
just -- that makes you high.
So you still have the medical benefits from it but not the
detrimental or potentially detrimental impacts from it.
State statute requires a physician to in fact order the
patient -- it doesn't prescribe, that you have to have a
license or a physician's order, the use of a low THC
cannabis, no smoking of the product is allowed, it's very
regulated how it's used.
The Florida licensed physician may order the use of a low
TCH cannabis which is a few days before the Constitutional
endment would go into effect if passed.
It's an interesting little timing issue.
If a physician misuses the product, allow it is patient to
misuse it, it's a first degree misdemeanor people under
Florida law, if the patient lies to a doctor about his
conditions, that's a first degree misdemeanor under Florida
law.
The legislature requires that the physician come up with a
treatment plan to prescribe exactly how it's going to be
used for each patient, and those plans have to be filed with
the University of Florida department of pharmacy quarterly.
It also requires the state to undergo continuing legal
education about the use of the product.
Effective January 1st, 2015, it direct the Department of
Health to come up with a process for a use registry because
both the physicians and the patient using low THC cannabis
have to register with the state.
So the Department of Health is required to come up with that
registry.
10:46:00 >>MIKE SUAREZ:
Mr. Massey, let me ask you a question.
I haven't been able to get my head around this particular
part of it, which is the legislation itself is saying that
there are only going to be five presenting organizations
throughout the state, and they have got to prescribe into
different parts of the state.
Okay.
Now, going back to what the definitions that we had
concerning what a dispensing organization is, it sound to be
me, based on what you gave us here, a dispensing
organization is a place, or dispensing location can be a
medical marijuana location where you can pick that up, sort
of like almost like a pharmacy, but specific to medical
marijuana, but it seems to me, reading this and reading some
of the legislation, that it actually is a distribution
center where they are cultivating, and then send it out.
So there's in a regulation, at least in my mind in terms of
what I was reading, no regulation in terms of dispensing
be -- let's say a dispensing organization that somewhere
near Plant City, and not to discourage Plant City, but we
are talking about a plant -- that they are going to grow
something there, and then be distribute it somewhere else.
So there's in a prescribed thing for distribution, which
means be as a city that legally there's no place in which it
says you can't have a place in which you are providing the
marijuana.
I mean, I can see, a lawyer could say, well, you know what?
There's only one dispensing organization.
We receive it from them, and we are just giving it to the
patient.
You know, how do you regulate something that's not written
down?
10:47:52 >>MORRIS MASSEY:
I believe the Department of Health comes up
with regulations on.
That this legislation was passed in 2014, an effort by the
legislature to be very strictly control where the product
can be dispensed, and where people could go to pick it up.
I think if you read the legislation, it says if you are
selected the dispensing facility, you have to have the
ability to distribute the product.
It's the cultivation and distribution facility basically.
So they have to come up with a distribution plan that proves
to the state that they can effectively didn't the product to
qualified patient and their caregivers.
And the distribution plant, I think there's going to be
something that's going to be reviewed and there's going to
have to be regulation by the Department of Health, to the
extent that this legislation is not trumped if the
Constitutional amendment passed.
10:48:55 >>MIKE SUAREZ:
And for us as a city, how do we determine
our land use code to deal with this specific type of use
when there are no regulations as to what this actually
means.
I know this is what we are supposed to be talking about.
But I know this is an answer that neither you nor Ms. Grimes
or Ms. Mandell can actually tell us, hey, now what?
This is what I think is going to happen, because obviously
things happen in other state, we have a completely different
take on how we deal with land use.
You know, how can we effectively be on the forefront and be
prepared prior to anything happening on the legislative
side?
10:49:37 >>MORRIS MASSEY:
Well, I think it important -- and a lot of
towns around the state are having workshops like this, to
get educate board of director what's happening in other
states, what the state is doing, what might happen, who is
going to be regulating, and how that's all going to come
together.
And that will drive what you all do, what you can do
legally.
The way I read the 2014 legislation, Mr. Suarez, is that
asking the legislature to really kind of be like Illinois.
We are only going to allow a maximum of five facilities in
the state, and throughout the state, and northeast, central,
southeast, southwest Florida, and a distribution facility
that not only have to be a nursery that's been in business
for 30 continuous years, has to put up a $5 million bond,
come up with a distribution plan, have to have a doctor on
staff to control the business.
I mean, you read be -- it's very controlling, and I have
read somewhere that this may be 20 or 22 existing nurseries
in the state that could meet the initial qualifications.
So what this legislation does says, the legislature says,
we'll allow this product to be distributed, but we are going
to regulate basically who gets it and how it's done and how
large it will be.
10:51:11 >>MIKE SUAREZ:
You made a comment about something that I am
not sure I understand on here.
It says, according to what a dispensing organization is,
operated by a nurseryman as a registered Florida nursery for
at least 30 continuous years.
Are you reading that as the nursery itself has to be have
been a cultivation site for at least 30 years?
That's the way the language is reading? Because it's a
little confusing.
It sound like you have a nurseryman doing the cultivation
without necessarily -- and, you know, Ms. Grimes had
mentioned all this is going to be done indoors.
So be --
10:51:51 >> We have kind of a weird situation because it's not
spelled out very well.
10:51:55 >>MORRIS MASSEY:
No, it's not.
10:51:58 >>MIKE SUAREZ:
For us it says a dispensing organization.
And I think a lot of us know that marijuana is cultivated
indoors for the most part, not outdoors, even though it can
be, that finance something were to happen in Tampa, in the
City of Tampa, in a large warehouse, cot probably do that
based on the rules set up here.
But it has to be in a place that has to be in a place where
they have cultivated for at least 30 years.
10:52:26 >>MORRIS MASSEY:
And you are right.
I mean, the way the statute is written is that part of the
dispensing organization has to be a nursery than that's been
in business for over 30 continuous years in the State of
Florida, that can prove that it can produce the type of low
THC medical marijuana that the legislature has authorized,
and don't all have to be in one location.
I agree that's not totally clear.
So there are some issues there.
The fact that only five have been allowed and they are only
in certain regions, I think where these will be if this
legislation stands -- if the legislation will stand if the
Constitutional amendment passed.
10:53:14 >>MIKE SUAREZ:
One last question and I think Mr. Cohen has
asked if the amendment passes, this goes away, this
legislation.
10:53:22 >>MORRIS MASSEY:
I think there's definitely a conflict
between this legislation and the Constitutional drive, I
would say the Constitutional amendment would trump.
10:53:29 >>MIKE SUAREZ:
Thank you, Chiaramonte month so that
clarifies one thing for me.
And I guess -- well, be we'll see if the Constitutional
endment passes because what was said before by Mrs.
Grimes, I believe, was that the all-in-one type center where
you have to dispense, formulate and grow the product, it
would be a facility that is considered in the amendment?
Or is it considered in the legislation?
10:54:09 >>MORRIS MASSEY:
Basically what Ms. Grimes talked about in
the ballot initiative about what medical marijuana facility
is, but it doesn't go in near the detail.
And as the legislation has.
10:54:22 >>LISA MONTELIONE:
If the legislation passes then we'll get
into some of that detail.
10:54:27 >>GINA GRIMES:
Can T treatment can be center can be a
processing or cultivation -- we don't not if the number of
treatment centers is going to be restricted either.
But a number of things I want to point out in the ballot
initiative is that when the ballot initiatives direct the
Department of Health to adopt regulations regarding these
treatment centers, but the subject areas to regulate are to
ensure security, record keeping, testing, labeling,
inspection and safety.
Doesn't say anything about location or regulations dealing
with distribution.
So unless the Department of Health goes one step further
than what the ballot legislation says, I think that you are
probably going to be in a position where you maybe have to
regulate those areas.
10:55:10 >>LISA MONTELIONE:
Well, those regulations after what's in
the state law that's passed, waiting for the governor's
signature, then perhaps not because I don't think in the
City of Tampa there's any location that could meet those
requirements.
So if it's already been decided, in Plant City I can name
probably a couple that have been in business for 30 years
that can handle that.
10:55:47 >>GINA GRIMES:
The 2014 state law is deemed to be
inconsistent with the Constitutional amendment then they are
not authorized and will be stricken.
So if they are too restrictive, and they are inconsistent
with the regulations promulgated by the Department of
Health, they most likely will be stricken and won't be
enforceable.
But Mr. Liverpool is about to address you, there has to be a
reconciliation of the conflict between the Constitution and
the state law.
10:56:13 >>LISA MONTELIONE:
Right.
And I also notice that your chart with the other states,
some of the states have included a provision that Arizona,
for example, one of the most conservative states on the
list, says that if a patient is located more than 25 miles
from a medical marijuana dispensary, that patient may
cultivate 12 plants in an enclosed locked facility.
10:56:45 >>GINA GRIMES:
A lot of states allow patients to cultivate
their own but there's a regulation.
Interestingly the Constitutional amendment doesn't address
that topic at all.
10:56:55 >>LISA MONTELIONE:
So that's another wait and see
provision.
10:56:58 >>GINA GRIMES:
Yes.
10:56:58 >>LISA MONTELIONE:
Thank you.
10:57:01 >>MARY MULHERN:
Thank you.
Trying to look through the amendment.
I was trying to find what the definition of marijuana is.
And do you have that?
10:57:14 >> That's the definition of a criminal -- I can get it for
you if you like.
10:57:22 >>MARY MULHERN:
Yes, because this is what I find really
fascinating about all of this, is that both the
Constitutional amendment, and the law that was passed, don't
really deal with the medical properties, the chemical
properties, other than using -- the only thing they seem to
use is THC.
But I think the other chemical in marijuana is cannabidoid?
10:58:06 >> Yes, the nonTHC, the one with more medicinal value.
10:58:12 >>MARY MULHERN:
Right.
So what I want to understand, you know, what happens in he
involves?
And I'm someone who has a condition that is listed in here
that could be use marijuana.
But I'm interested not -- you know, I'm interested in the --
10:58:39 >> The CBD.
10:58:40 >>MARY MULHERN:
The CBD, because that seems to be, with the
little bit of research I have read, that seems to be the
thing that actually treats conditions.
10:58:51 >>GINA GRIMES:
Right.
10:58:51 >>MARY MULHERN:
Although I think there are probably things
with THC, but to me it's not THC.
So this is so strange that we are treating medication which
would normally be going through the FDA, and NIH and all
that.
So at what point -- not doing it because of the illegality,
and is that going to step up the actual --
10:59:20 >>GINA GRIMES:
I think a lot of different products as this
Constitutional passes, you are going to see a lot of
products that don't have the lower THC but things such as
skin products that have the THC taken out and those are the
products that most likely older people who don't want to
smoke or children who can't smoke or don't smoke would
ingest in order to get the benefits of the medical
marijuana.
10:59:48 >>MARY MULHERN:
It's just so weird that -- a range of
products from pharmacists.
Other than saying you're sick -- anyway.
11:00:06 >>GINA GRIMES:
Well, you are not going to have the
certification of the licensed Florida physician to get it.
11:00:10 >>MARY MULHERN:
But to know which of the products you need?
11:00:14 >>GINA GRIMES:
There may be a recommendation.
And there may also be regulations that will promulgate by
the Department of Health to address that as well.
11:00:24 >>MARY MULHERN:
I would hope that we would look -- Florida
would look at -- I know that's not our purview, but at least
we could voice this.
And look at the states whereby be they are actually treating
it in that way.
11:00:39 >>GINA GRIMES:
The definition used in the Constitutional
endment where it cross references other state statute,
cannabis as defined means all parts of any plant or cannabis
whether growing or not, the resident extracted from any part
of the plant, and every compound, salt, derivative, mixture
of the plant or be -- that's everything.
The stems, the seeds, the plant itself.
So the Constitutional amendment applies to marijuana as
defined.
Whereas the state statute deals with a derivative of it.
11:01:21 >> Steven Liverpool.
And this morning I am going to talk to you a little bit
about as Ms. Grimes and Mr. Massey have talked to you about,
how this law is going to work if passed.
And so what I am going to talk to you about is with regard
to state law how these conflict may shake out.
Obviously, it's a highly politicized kind of issue, and
already you have seen or you will see all three branches of
the government involved through the health department.
You have seen the legislature act on this issue.
And the Supreme Court of Florida has also taken up
specifically the assessment of the ballot initiative itself.
And has deemed it Constitutional.
So the government power in the state is the Constitution.
So what you will see is if Constitutional amendment passes
by 67% of the vote in November to amend the Constitution,
that will add, I believe, as council Cohen put it, trump any
legislation that's already been
Passed in the state.
However, the legislation, current legislation, in fact
conflict with the Constitutional amendment will be
interpreted by the courts.
So what I want to talk to you about there is that the courts
are reluctant to declare a Constitutional amendment that's
been adopted by the people, by the popular vote, invalid on
technical grounds, which means that the Constitution as the
seminal document regarding distributing power over anybody's
legislation.
So in that regard the court addresses to the extent that a
statute violates express or clearly implied mandate of the
Constitution, as Ms. Grimes earlier indicated, what the
actual provision of the Constitutional amendment would be,
it must not fall simply because the court says so, but
rather because the dominant force of the constitution as an
authority peculiar to both the legislature and judiciary be,
as I said, trump anything that is passed by legislature or
done by the judicial branch.
So that would speak to any conflict of law with regard to
the Constitutional amendment, and any legislation that's
already been passed.
I will now move on to how the state, through that
legislation, would preempt any local government action, so
any action taken here, or in any municipal throughout the
state.
One of the things that I would like to point out there is
that the home rule power, or the power that the local
government has, was granted also by popular vote through a
Constitutional amendment.
So, therefore, the right of the local government to enact
legislation to control these things is also a Constitutional
power which will be given or granted precedent over be
legislation or administrative action on this issue.
So what I am going to say there is that under be current
state law, local government action is only prohibited if by
state law or in conflict to state law.
So without expressly implying that the local government
should not act on a certain issue with regard to a certain
type of administration, the local government is free to act.
11:05:08 >>CHARLIE MIRANDA:
Mrs. Montelione?
11:05:09 >>LISA MONTELIONE:
And I don't know I am getting ahead of
you or not, but I am looking at the page where it has been
state preedges of local exemptions and the last bullet point
says local action cannot, one, provide for more stringent
regulation than the state legislation in violation of the
express wording of the statute.
So I don't understand how that works, because he would can't
make anything that is more restrictive or more stringent
than state law.
And I don't think we can grant anything that is less.
So doesn't that preempt us pretty much from doing anything?
11:05:53 >> Not necessarily.
And where I will go with this is when you are talking about
as both Mr. Massey and Ms. Grimes stated that the
legislature has not specifically acted with regard to where
any of this will be.
So all of this is conjecture until, one, the Constitutional
endment passes, and then, two, that six-month period run
where the Department of Health has to promulgate its rules
for the administration of this Constitutional amendment.
11:06:23 >>LISA MONTELIONE:
Right.
And speaking right now of hypotheticals, but if we can't
have been test anything more strain gentleman, than what can
we test?
11:06:32 >> Steven Liverpool:
I wore agree with you there, that if
in fact the legislature acts to occupy the field of law
regulating that, then, no you cannot pass anything more
stringent.
However, anything that the legislature does, that is in
conflict with the Constitutional amendment, will be
overridden or stricken from the state law.
So I say that to say if the legislature would try to regular
Tuttle field to frustrate any local regulation, that will be
overridden by the fact that, one, the people have spoken as
your power to legislate, and, two, spoken to the fact that
they added this as an amendment to the state constitution,
which is the seminal document of government so I hope speaks
to how that will all work out.
And as I said earlier, this will all, obviously as a highly
politicized issue, play out in the court of public opinion.
11:07:29 >>MIKE SUAREZ:
Thank you, chair.
And maybe, Mr. Liverpool, you can answer this question or
not, or your colleagues can.
Specific to the land use regulations, because we can get
into a situation which, you know, someone might say, we have
a right to -- let's say for the sake of argument, allow this
kind of dispensary into the city, Constitutional amendment
is passed, now they have regulated and said, yeah, you can
have a dispensary, and it's up to the city or county
ordinances which I doubt is going to happen, but just a
hypothetical.
When it comes to our land use code, we have to come up with
a comprehensive amendment to our plan to determine how we
are going to deal with these type of dispensaries.
And we can make it more stringent if they allow it in the
legislation that comes from the amendment itself, correct?
11:08:41 >> I would defer --
11:08:48 >>GINA GRIMES:
If state regulates a certain subject area
like location, then you can't regulate the location.
11:08:53 >>MIKE SUAREZ:
That's my point.
If they say, now what?
You can't have it within a thousand foot of a school and we
said we want it to be 1500, we can probably, you know,
that's fine, we just can't go below a value.
My point is that there is that portion of regulation or land
use that we have power over, that they do not, as long as
it's not so egregious that it goes against what the
endment is trying to put forward.
11:09:27 >>GINA GRIMES:
And we all talked about this issue about
regulating the location.
It's rare that state statute addresses the locations of
types of uses.
That's usually something left to the local government
because it's a local issue.
So we kind of expect that to happen in this situation.
11:09:48 >>MIKE SUAREZ:
But marijuana is different.
And that's why --
11:09:52 >>GINA GRIMES:
There may be regulations to ensure the
availability of medical marijuana.
Maybe there will be concerns that there will be con
stringent regulations at the lower level so they will
address it at the state level to ensure this availability of
it.
11:10:06 >>CHARLIE MIRANDA:
Thank you.
Just for the record, I do have been to be somewhere at noon.
I don't know about others.
And I thought I gave myself plenty of time but evidently I
have not.
11:10:15 >>GINA GRIMES:
We are just about done and then you really
need to hear from Mrs. Mandell who will give you your
specific recommendations.
This is the last part of our presentation.
11:10:23 >> Real quickly, then I will hand this over to Mrs. Mandell.
A number of governments in Florida have started dealing with
this issue.
There are a number of land using ordinances --
11:10:38 >> I am going to ask you to put your name on the record a
third time.
Maybe you have been smoking.
Not marijuana, just regular cigarettes.
11:10:48 >>MORRIS MASSEY:
Yes, sir.
But there have been a number of local governments in Florida
where the actual ordinances have been prepared, have been
proposed.
I have not seen any adopt it yet.
To amend their land use regulations to control where
potentially facilities could be located, cultivation
facilities.
I think everyone is contained of sure not what to do at this
point in time but there are some local governments that have
been a little more proactive.
Not on this list, Palmetto had a workshop like we are having
earlier this week and heard from state legislators who
basically suggested that they were hopeful that the state
legislation would stand, and that the Constitutional
endment would not pass, and that would basically control
that issue to a larger degree within the State of Florida.
But no one knows at this point in time.
But I am going to hand this over to Ms. Mandell who has some
suggestions for you all.
11:11:39 >>JULIA MANDELL:
City attorney.
First of all, I would like to thank Ms. Grimes, Mr. Massey
and Mr. Liverpool, because they did an exemplary job giving
you as much information as possible.
And I think while some of it might have been tedious or, you
know, a little confusing, this is a very overwhelming issue,
and this is a very significant issue, and I think
communities need to be prepared to deal with it in a
comprehensive way to the greatest extent that they can.
And as a general matter, and what they have proclaimed to
you, we only know what we know, which is boob tensionally is
going to come forward in a Constitutional amendment.
We don't know what's going to happen after that.
We do know about the state law that's in place, and we do
know what could happen, if stand alone in terms of the
Constitutional amendment.
But to be think about all these things and I think this is a
really good way to start off that conversation.
And it will be a continuing conversation.
At this point, the way I read the Constitutional amendment,
where and write think this could end up going, is two
separate directions.
The first direction is a land use regulation.
Now, not only will you as the City of Tampa, City Council,
have to be deal with what's in the Constitutional amendment
be, potentially what's in state law, what's in the rules and
regs, could you deal with your own zoning codes, you have to
deal with in the City of Tampa.
Reserved jurisdiction is different.
The way uses are handled within the City of Tampa, and how
we treat similarly situated businesses the same, because
while we can't be in violation of the Florida Constitution,
we also can't be in violation of the federal Constitution.
And I also worry about any equal protection violation in
those types of things, because I suspect if do this wrong,
we could end up in significant litigation.
So the zoning laws still remain to be seen.
We don't know exactly what's going to happen with the state
and we don't know exactly how this is all going to kick out.
A business regulation -- and I am saying those are our two
ways of regulating.
And when the issue first came up, it reminded me so much of
the pain management clinic situation, and you heard people
speak of that.
And what the City of Tampa did with the pain management
regulation was a little different than what other
jurisdictions said.
Many jurisdictions put a moratoria, being overwhelmed by
pain management clinics being regulated by the state that
were dispensing medication, and medication versus whether or
not this is medication or not I think remains to be seen as
well, they were dispensing medication that was legal, and
its was done by physicians.
But, at the same time, the adverse impacts to communities
was starting to overwhelm many communities.
So is that not what the city TV did, and we did that on the
recommendation of the Tampa Police Department.
We put in business regulations which provided opportunities
for us to know where they were located, for us to make sure
they were pain management clinic businesses were in
compliance with zoning regulations.
And frankly that ended up being one of the biggest issues.
A lot of times the pain management clinics were going into
strip centers, were not going to through change of use, did
not accommodate parking, did not accommodate what I was
saying, so a lot of them had to actually leave the
jurisdiction because they couldn't find homes for them.
But not because we were regulating the use per se, but we
were regulating how making sure that they were disowned and
that they were zoned correctly.
We also were able to gather a lot of other information that
was very valuable to Tampa Police Department, who was the
owner of the actual place where be these were located of the
property, who was actually working within the facility.
We had to know the way out of the facility.
They had to provide that to us. So I really do see this as
at least one of those be key traction, and so that's one of
the things I am focusing on right now as I continue to
monitor this.
We do already have examples of what I think is a very good
business regulation which does put us in a little bit --
makes me a little more comfortable in moving forward in
everything a scheme in place that does provide some
opportunities for us to have a little more control on the
front end, on where these potential treatment facilities,
medical marijuana treatment facilities can go.
And so I would be monitoring -- and I might recommend that
we bring something like that back sooner rather than later,
although I do concern myself, as I bring this concern to
council, that once you start to put regulations in place, if
we don't know constitutional amendment passes, prior to
it -- I am not necessarily going to be able to recommend
that you do it prior to the Constitutional amendment.
I think that creates other issues.
But we might do something to with the Constitutional
endment and might want to do something that is concurrent
with any additional regulations with the Department of
Health assuming if it passes.
But we will, as I said, continue to monitor.
This we are obligated to be in compliance with this
Constitutional amendment, which I think one of the most
significant parts is assuring of the availability of medical
marijuana in communities.
So I would suggest that there's no way for us to ban them in
the City of Tampa in any kind of significant way, but that
we just need to be concerned how we deal with their
location, and how we deal with the adverse impacts,
potential adverse impact of location, and again pain
clinics, whatever the intent was legal but the adverse
effect to the community is what was causing some of the
outward issues, and those are the things that we will
continue to monitor.
Again, I know we have some people that want to speak, but I
do want to thank everyone again.
And we will continue to be discussing this issue.
Thank you.
11:18:09 >>CHARLIE MIRANDA:
Mrs. Capin and Ms. Mulhern.
11:18:13 >>YVONNE CAPIN:
I want to ask, this presentation is on your
time and your dime, hill, ward and Henderson?
Your time and your dime?
11:18:24 >> Absolutely.
11:18:25 >>YVONNE CAPIN:
With that I want to say thank you to Hill,
Ward and Henderson and particularly Mrs. Grimes, Mr. Massey
and Mr. Liverpool for helping us to educate ourselves, and
in a very organized and informative way.
Your presentation, and taking the time to share what your
firm's findings and research with this body is very
important.
And it appears to me this issue, medical marijuana, in the
State of Florida is in a state of flux, but now with this we
have a basis to work from, and maybe a scheme to work from.
So thank you very much for doing this.
11:19:11 >>MARY MULHERN:
I just wanted to say, Ms. Mandell, I don't
see this really as similar to the pain clinic problem.
I mean, I can see that it is dispensing of medication.
But I think that -- I used to have debates, the
functionalizing of marijuana when I was on the debate team
in high school many years ago.
And not much has changed in the research.
But I think because -- I would think of it as more similar
to the sale of alcohol, and even, you know, I think the
research shows that when we are talking about OPIODS that
the pain cliques clinics were giving out, talking about
alcohol that is sold, you know, at retail outlet, those are
more dangerous, obviously dangerous illness-causing and
accident death causing agents.
We are talking about something that's much less severe.
So my first question is, I don't know if we said, this but I
missed it.
But if the amendment passes, and you are a patient
purchasing it, you have to be 18?
11:21:02 >>JULIA MANDELL:
I need to step back for a moment because I
don't want to leave a misimpression.
I mean until terms of the regulatory schemes set up by the
Department of Health.
I imagine this is going to sell in a similar way similar to
alcohol which has more of an exhilarating use as opposed to
another use.
So I am talking about regulation.
11:21:23 >>MARY MULHERN:
Right, so the other thing is be, to me,
should be similar to, if we do pass it this amendment that
says that marijuana is a medication, it's similar to
prescription medication.
(speaking over one another)
I don't like the framework at all, especially a moratorium.
What I would like to see us do before we enact anything is
look at some cities and states that have similar laws to
what we are contemplating to pass and see how they are doing
it.
11:22:13 >> And that's what we have been doing in terms of regulatory
schemes that exist in the city.
One direction versus the other direction, and from a
business regulation, things that we can look at in terms of
how we handle those.
But I apologize.
I am not suggesting that the marijuana, effect of marijuana
has any situation to the pain medication.
11:22:40 >>MARY MULHERN:
And I don't think this was put together by
you, but we have these local cities and counties in a that
have done things, and I think that's not really that helpful
since they don't know --
11:22:58 >> I wouldn't recommend something like that because I think
to place a scheme that could ultimately get overruled and
then we are kind in a no-man's land.
11:23:08 >>MARY MULHERN:
Right.
So I think we should look at places that would be similar to
here.
11:23:17 >>JULIA MANDELL:
And again this is an ongoing conversation.
I am not bringing something to you tomorrow.
I just wanted you to be aware that, one, we are looking at
it, and again, it was very valuable for me to have all of
this information, and secondly I am starting to already
consider different ways that we can deal with the issue in
terms of location, in terms of regulation, and say that when
it comes time to get something in place it's something we
are going to have a comfort level on.
11:23:44 >>MARY MULHERN:
Thanks, everyone, for all this work.
It was really helpful.
11:23:50 >>CHARLIE MIRANDA:
Let me say that a few minutes ago I
received notice from my aide Mary that the a great American
who has served this country very well, Floridian who loved
the state, and an individual who has done so much for this
area, resident of Tampa, passed away.
He's be responsible for spearheading the RNC for coming
here, and our hearts go out to Al Austin's family and his
lovely wife Beverly.
He passed away this morning about 2:30 in the morning, and
our hearts go out to the whole family.
11:24:23 >> (Off microphone)
11:24:23 >> Mr. Everything.
He did so much.
I'm sure you are right, Mrs. Capin, words cannot describe
the gentleman that he was and the hearts that he touched in
this community.
We are finishing up and wrapping up.
Anything else?
Let me go to the public on item number 5.
Anyone in the public care oh to speak on this?
Please come forward for three minutes each.
11:24:53 >> Susan Long, 920 Broad Street.
Who knows if this will pass or not?
Let me give you some anecdotal information.
My daughter lives in Denver.
Last time I was out thereby recreational marijuana was not
legal but medicinal marijuana was.
There were a lot of what they call green stores.
We drive down the street.
That was green.
That was green.
That was green.
So they were everywhere.
Didn't bother me.
I never ran into anybody sitting outside while smoking a
joint, walked through the park.
There were a lot of people, some homeless, some not, never
smelled any marijuana.
I don't know what it like now.
Because recreational marijuana -- I do know they are having
problems getting warehouses to rent because all the
marijuana growers are renting all of the warehouses.
My daughter's group is having a hard time finding a
warehouse to rent.
But I do think that requiring it to be a nursery that's been
that location for 30 years, sorry, as a personal opinion.
I can't think of a place inside the city limits of Tampa
that would qualify for that.
I know of nurseries, but 30 years?
I don't think so.
I can think some of places that may qualify, and somebody up
here says Plant City.
Nothing much closer.
So if I have an I will use I goat drive to Plant City to buy
whatever my doctor says I can take and bring it back.
My understanding is, ordering it online, having it mailed to
me is not going to be permitted, but I don't know that.
If this passes, I just find having been in Denver when
medical marijuana was legal, other than the fact that there
were green buildings, many more than there were a few years
before when I was there, I really didn't see any difference.
I didn't see a problem.
I didn't smell anything.
And I'm sure you and I all know that the smell of marijuana.
I had a bigger problem with marijuana everywhere in 1970
when I was at for the Jackson and for the had for various
and sundry reasons.
You walk down the street and the military guys, the pillars
of marijuana smoke coming out of all stores.
Didn't see that.
FYI didn't change anything.
Who knows if it will pass?
Thank you.
(Bell sounds).
11:27:35 >>CHARLIE MIRANDA:
Thank you very much.
Next, please.
11:27:36 >> Cindy Grant, the director of the Hillsborough County
anti-drug alliance.
We are a 501(c)3 but also a parent in Tampa.
And the anti-drug alliance over ten years ago passed a
resolution against this kind of medical marijuana.
So I just want to tell you up front that we do not
disapprove of more research in medical marijuana and the
components of marijuana, and the medicines that have already
been through the FDA process and are approved, and the ones
that are coming, you know, they are in the final stainless
steel of FDA approval, and will be available for the public.
Up so something that has the safety and control of what we
see as consumers and not something of crude marijuana that's
unregulated or you can't control the dosage, the quantities,
what pesticide you are getting or any of that kind of thing.
So just wanted to say.
That and way did have that resolution.
And also just to let you know, too, marijuana is still the
most widely abused drug among our youth and our adult.
I just looked at some treatment data for the Tampa Bay area,
and the number one reason that people are going into
treatment in this area is for marijuana use.
So it is still a problem.
And, also, what will happen as it becomes normalized, more
youth are going to use, too.
And as youth use earlier and earlier they are more inclined
to become addictive and we don't want to see that happen to
our youth.
So all of that said, I also want to tab some time to commend
you.
This council for getting ahead of the game, educating
yourselves, and trying to make sure that you do the right
thing, because citizens here, by making sure that it's
regulated, this group for putting together the presentation
for the group, and also to offer our services if you need
any of the research or background information.
We have access to that and can provide it for you.
Thank you.
11:29:50 >>CHARLIE MIRANDA:
Thank you very much.
Next, please.
11:29:51 >> Teresa Miller, back again.
What I heard was a lot of unknown factors about if the
endment passes.
But I can I can tell you there's a lot of known factors If
mr. Baird were here from the water department he would be
really upset and would probably get involved with.
This one plant takes six gallons of water a day.
And the electricity costs, I don't know off the top of my
head.
You have to go to my Web site and scroll down to the
environmental sites.
But I do know a couple years ago that the police found
growers, growing not a place near the airport because the
electrical cost in that area was so high that, what is it?
And they went there and found it was a grow house.
So those two areas are definitely going to impact this.
I went to California a couple -- last year for a wedding,
and I can tell you it's only medically allowed there.
There are pot shops on every corner.
You can call them dispensaries, medical treatment centers or
whatever, but they are pot shops and that's what they are
advertised as.
There is no age restriction on this.
And every state that has legalized medical marijuana has a
significant increase in the number of children that are
exposed, and exposed earlier and using more.
That's a fact.
Also, in the amendment, I would like to make one correction.
I read the amendment several times and nowhere did I see a
mention that it could not be a felon and I take the
endment as it's written, and it's very liberal, but I did
not see that anywhere.
So these are the statistics from Colorado.
As you can see when you said the danger?
Well, this is only medical data, not legalized
recreationally, but 148% increase in those people testing
positive for marijuana.
Now, now here in Florida if you picked up for DUI and you
test positive for alcohol, they do not test for marijuana.
So we really don't have any data for how many people are
truly driving alcohol and marijuana impaired.
But I would say it's a significant amount.
And then if it becomes legalized for medical use, that's
going to be just like Colorado.
I don't see any reason it wouldn't be for that happening.
Almost every state that has legalized medical marijuana, the
very next step is recreational legalization.
And in our legislation now I know they are already drawing
legislation up to get it here recreationally.
If you have any questions, I already passed out my Web site
information.
And to be honest, I'm very compassionate with people with
diseases.
My son had an addiction problem.
And I went back and got my mental health counseling degree
just a couple years ago.
And I really want to learn about it and I really wanted to
learn about this issue of marijuana.
And I spent the last year researching it and figuring out
what's going on so that I could educate our community on the
dangers.
If you have any questions, you have my e-mail.
11:33:10 >>CHARLIE MIRANDA:
Thanks very much.
Next, please.
11:33:11 >> Ellen Snelling, 520 legend circle.
I just wanted to say to think about the amendment, just for
me, as a parent, who has been daughter affected by
marijuana, to think that we are going to have an amendment
to our state Constitution, which I would consider a sacred
document, to be allow marijuana use in our state, I feel,
you know, pretty strongly about that.
How many of our children are using marijuana currently?
One out of five high school student has smoked marijuana
within the last 30 days.
Whereas for cigarettes, it's half that number.
So our children have gotten the message about tobacco and
smoking tobacco is not healthy.
But twice as many of high school students and medical
students smoke marijuana and cigarettes.
A lot of people think marijuana is not harmful but it is
harmful.
And somebody be said -- it is a mind altering drug,
judgment, cognition, increases heart rate, causes -- can
cause hallucinations and psychosis and can harm a child's
brawn, and as I mentioned it can lower the IQ if chronically
used by children at a young age.
I think mental health effects of what I am hearing is huge.
It's a cause for Baker Act, and specifically need to look
more carefully at that.
So marijuana does have medical effect, but you have to look
at the risks versus the benefits.
And if the risks far outweigh the benefit, it wouldn't be
good medicine for the majority of people.
There may be a few.
When you look at the component such as CBD -- and what you
go through after you smoke marijuana -- but it's be CBD is
the actual initials.
And that component is nonintoxicating.
It has very many health benefit.
And there's medication right now, purely medication that we
are hoping will be approved soon to help people with MS and
others.
I wanted to show this picture.
When we talk about calling pot shops that we often call
treatment centers.
In the amendment, which is all that we have to look at,
there is no limit on the number of pot shops and there's in
a zoning requirements.
And this is showing in California, you see this line of
people waiting to get into this.
Does that look like debilitated people to you?
What was found in those other states is if they are not,
some people have headaches, they have insomnia, and you read
about California, and be there are in Los Angeles over a
thousand.
And hopefully that would never happen here.
If you look at the amendment, one of the things I wanted to
point out it said the be physicians make the rental.
But if you look at the Department of Health they have
actually come up with some possible regulations.
And they mention that be a dentist or podiatrist could be
one of types of physicians.
We also talked about how it's very broad.
Oops.
(Bell sounds)
And the children wouldn't be able to get access.
And the Department of Health over 800 dispensaries in the
State of Florida.
11:36:27 >>CHARLIE MIRANDA:
Thank you very much.
Next, please.
Anyone else in the audience care to speak on this item
number 5 that has not spoken?
Item number 5.
Anyone else care to speak?
I see no one.
We go to item number 6.
I want to thank Hill, Ward and Henderson, Mrs. Grimes, Mr.
Massey, Mr. Liverpool.
You have been outstanding.
You have done this, and we are certainly appreciative of the
time you spent and the cost to the city is very comparative
to our salary.
[ Laughter ]
Okay.
Item number 6.
Is anyone going to bring up item number 6, discussion of
section 27-60, for the city to alternate design exceptions?
11:37:34 >>REBECCA KERT:
Legal department.
The request is to have legal department and land development
here for discussion.
We weren't sure exactly what you wanted to discuss.
I do have copies of it if you want to look at it.
But we are here to answer any questions that you have.
11:37:45 >>CHARLIE MIRANDA:
Council members, any questions?
Mr. Reddick?
11:37:53 >>FRANK REDDICK:
Yeah, I think the discussion was -- how
about can you say a person will not have to be misled when
businesses, someone wants to come into the community and
they don't have criteria?
This is more subjective and us misinterpret so we wanted to
simplify.
That's my point.
11:38:23 >>REBECCA KERT:
We didn't come for that because I didn't
understand that as part of the motion.
But if you would like a motion on more objective criteria,
certainly we are --
11:38:35 >>FRANK REDDICK:
Then I make a motion to go back, redo it
and simplify this and come back and be more objective than
subjective.
That would be my motion.
11:38:45 >>CHARLIE MIRANDA:
I have a motion by Mr. Reddick.
One second.
I am not going to go forward.
I just want to get the motion on the floor and then stop.
Okay?
Thank you.
Mr. Reddick, anything else?
11:38:59 >>MARY MULHERN:
I'll second it with -- do you want to
second it?
Go ahead.
11:39:08 >>YVONNE CAPIN:
And I'll second it.
And Mr. Reddick is correct.
In reading this, it says the zoning administrator, the
criteria. These criteria subjective.
And from my understanding that's not something that the
zoning administrator is allowed to do.
11:39:26 >>CHARLIE MIRANDA:
Jim. For the record I have a motion by
Mr. Reddick, a second by Mrs. Capin.
I am not going to take a vote right now until we have
discussion.
And the administration is here prepared, I believe, to
answer some of these questions.
Mrs. Mulhern.
11:39:38 >>MARY MULHERN:
Thank you.
I agree with that.
And I'll bring up some specifics that we can maybe add to
the motion after I talk about some of the other things.
What struck me when I read over the section 27-60, the
alternative design exception, was exactly that, that not
only were these subjective decisions, but also that we
didn't have really specific guidelines.
And my feeling is be, if you will look at under E, section
5, it has A through F.
I believe that every one of these decisions are normally
things that council reviews, when we talk about interfering
with -- A, interfering with the rights of others as provided
in the chapter.
B, that the exception provides reasonable allowance if used
under the specified circumstances.
C, that the exception achieves the general intent of the
chapter.
D, that the exception is be the minimum possible exception
under specific circumstances.
This illustrates just -- you know, not definitions in here
but also the fact that these are decisions that basically,
you know, that's our job here on council.
Let me go through the rest of E.
That the adjustment granted does not constitute a grant of
special privileges and consistent with the limitations of
other properties in the vicinity, and within the same zoning
district.
That's what we do on all of our zoning applications.
F, that the exception is consistent with any applicable
specific plans in place for the subject property.
But really what concerns me is when these design review
applications, exceptions are made, are these being made
after something has gotten approval from this council?
That's one of my questions.
11:42:22 >>REBECCA KERT:
To answer in more detail, but if I could --
11:42:36 >>MARY MULHERN:
I want the questions right now.
When does this come up that someone requests a review by the
zoning administrator?
11:42:47 >>REBECCA KERT:
I am going to answer that direct question.
When City Council has approved site plans, land development,
and they have approved special use permits, there is a
different section, two different sections that apply.
It has specific statements about what is a substantial --
did it administratively, and those are maybe more of what
you are expect to see here.
And the other point that I wanted to make is that other
sections of the code, like if you are talking about other
sections, be and again she can probably state this better --
do have limit aces that you are talking about, and this is
the overall process.
But as far as to those details, I would defer to staff.
11:43:42 >>MARY MULHERN:
Okay.
I want to hear from staff, but let me go through everything
I want to talk about before that.
Under number 7, the zoning administrator may impose
reasonable conditions upon any exceptions to ensure that the
public health, safety and welfare are protected and
substantial justice is done.
Again, I think that's a subjective decision, and that should
be made by council in our capacity.
And I am now going to go back to the beginning and talk
about the definitions.
Under B, it says that prior to submitting an application be,
the applicant must schedule a preapplication meeting,
blah-blah-blah, the urban design coordinator or other
appropriate city staff as needed in order to be determine
the scope of the request.
And what documentation will be necessary.
What does that mean?
I think that's one of those specifics that Councilman
Reddick and Councilman Capin wanted.
You better define what that is, the scope.
What does the scope mean?
And I think probably the other most important thing that the
attorney just alluded to is types of application, and under
1, design exception 1, applications for minor design
changes.
What is that definition?
What is a minor design change?
Because then it goes on to list a lot of things that could
very well not be minor.
Residential or commercial overlay design standards.
Those are usually something that would come in front of us,
the ARC.
Orientation.
Alternative buffering and screening.
Parking and loading.
And other such minor changes to design, requirements of this
code all within the limit set forth in the respective
sections of this code.
So what is minor?
And then under 2, this is C-2, minor changes to building
setbacks and height limitations within the limits set forth
in the respective sections of this code.
So I would like to understand what that -- how do you --
what is the definition of minor in that part?
And then general requirements.
At the very end of D, under general requirements, the last
section says, in addition, an application for alternative
design exception shall address the following issues.
So what does that mean be, "address"? Is someone going to
come in and talk about it or say they have a problem?
How do we define what they need to address?
What are the standards in their requests that they have to
show be that they deserve this exception? So this is
something I think I would like to have -- I would like a
friendly amendment to your motion, Councilman Reddick, that
we need the definition of the scope of the request be for a
design alternative exception, minor design change, and also
the definition of under section D, addressing the issue.
So be what is the responsibility and the scope of what they
have to show as far as addressing the things delineated?
11:47:52 >> That's accepted.
11:47:59 >>CHARLIE MIRANDA:
Any other comment at this time?
Mrs. Montelione?
11:48:01 >>LISA MONTELIONE:
Thank you.
You know, I am not going to support this motion and further
the discussion.
And it will probably pass but I just want to be say that our
staff are professionals, and Ms. Coyle, may I ask you a
question?
11:48:24 >>CATHERINE COYLE:
Yes.
11:48:24 >>LISA MONTELIONE:
There are many, many, many sections of
our code where there are subjective qualities to what our
staff is asked to do, correct?
11:48:39 >> I wouldn't phrase it like that, no.
11:48:42 >>LISA MONTELIONE:
How would you phrase it then?
11:48:43 >> Just to be clear, 27-60 the section that you are looking
at is a procedure.
It is a catch-all that describes the avenue, the path you
follow, the application that you apply for based on the
criteria that you are trying to ask for an exception to, is
just a process.
In the beginning of the code under general procedures, fur
an applicant, you are not starting with the process.
You are looking at the actual rule that applies to you.
You are looking at the fence regulation to try to figure out
what fence rules apply.
Embedded within the fence regulations, the zoning
administrator may consider blah-blah-blah, and that's where
it calls out to have the authority to review for what and
what type of variations can be granted based on the be hard
numbers in that section.
All 26 ---all 27-60 is the process that you go through.
So I wouldn't call out every single section here other than
identifying which types go through 1 and which types go
through 2.
11:49:47 >>LISA MONTELIONE:
Right. So the questions being asked
about scope and minor and addressing are not contained in
this section? They are contained in other portionss of the
code --
11:49:59 >> The scope is what you show up and what we decide to look
at, depends on what it is that you are asking.
If you are asking about a wall height or a fence be or
alternative to an overlay district, because there's a grand
tree here and building on top of it be required by code, all
that of that is defined in scope.
If you -- you can't read it in black and white in the code
because they are all different.
11:50:28 >> And my point is 27-60 is not a place in which those
issues should be addressed.
11:50:32 >> Right.
11:50:33 >> Right.
This is only the procedure.
So if we are going to consider changes to be 27-60, it would
be procedural changes.
And then the procedural changes -- I mean, one of the things
that I think we have discussed before, and something that I
would support discussing on a procedural change, is there's
already public notice required in 27-60.
But what's not apparent in 27-60 is once the decision is
made, is there a process or just calling out what the
process is for a protest to the decision of the zoning
administrator?
So we are notifying the public that a design exception is
being requested, and in E-2 application for design exception
upon receipt of a complete application for design exception
to and payment of the appropriate fee, the zoning
administrator shall direct the applicant to provide public
notice.
So in noticing the public that a design exception of a
certain standard, of a certain threshold has to be publicly
noticed, but we are not saying, now that you know about us,
what can you do?
11:51:55 >> That wouldn't be a hard change.
The legal department actually made this a couple years ago.
If you look at 27-61, that's actually the known as the
review process.
And most processes where there is public hearing, where they
are administrative, it does have that.
Paragraph 9.
(Overlapping conversations).
11:52:19 >> So it's really refer back to other considerations of the
code.
Like you said it's a procedure.
So the things that you are looking for --
11:52:27 >> And the can --
11:52:28 >> It changes to other code sections?
11:52:30 >> Right.
11:52:30 >> So I think if you are going to talk about having them
come back and address be this issue and what you want to
talk about, it's the sections of the code that you
specifically have issues with, not 27-60.
27-60 is only the process.
11:52:46 >> And I recommend you read the code.
It's a long code.
11:52:53 >> I know.
And what initially brought this up with were the design
exceptions for a particular location on a particular street
that brought about a lot of questions.
So, you know, then it was well, how does this happen and how
were they allowed to get what they submitted?
Because the process didn't come to council.
I think that's where the conversation came from. I think
that's why people wanted a design exception.
I'm guessing we can't talk about this outside of council
because of the sunshine laws.
But I'm guessing that's what prompted this discussion.
11:53:46 >>CHARLIE MIRANDA:
Ms. Capin and then Mrs. Mulhern.
Ms. Mulhern?
11:53:49 >>MARY MULHERN:
Thank you.
The problem is, with the changes which were made, I believe
a couple of years ago, and whether they are changes to the
code, which influenced these definitions, actually we are
looking at the code, and I was reading from be the code when
I talked about what my problems were with the administrative
design exceptions.
And you did bring up another thing that I think is a
problem, and be there's public notice, but there's not a
hearing with any kind of -- doesn't provide a hearing with
any kind of opportunity for the public or their elected
representative to weigh in and opine on this.
So this is completely administrative prerogative to make
these decisions.
It looks like we have lost -- I don't know if Councilman
Suarez is coming back, but we should have voted on the
motion before he left.
11:55:05 >>CHARLIE MIRANDA:
Well, here again I cannot anticipate when
a council member is going to leave or come back and stop.
11:55:13 >>MARY MULHERN:
We are going to be talking about
substantial change at our next regular council meeting.
I think.
That's the next one or the following.
But I believe that we can address perhaps -- bring back this
motion at that time, because it would be appropriate.
11:55:36 >>CHARLIE MIRANDA:
Mrs. Capone?
11:55:38 >>YVONNE CAPIN:
First of all, in a one up here would ever
say that our staff is nothing less than professional and
understand that.
But it is our job, it is our job to set policy and make sure
that the public has every opportunity to address these, and
we be able to hear them.
And they are subjective.
And I understand.
And just by shear definition, they are subjective.
And that is not something that the administration can apply.
Do you want to come up and address that, please?
11:56:32 >>REBECCA KERT:
Legal department.
What Ms. Coyle said -- and I would like to make this point
again, and I apologize.
Perhaps we could have done a better presentation.
I apologize for not understanding the direction that City
Council was going.
But most of the provisions in the code, for example, to give
you an example -- let me take one more step back.
When you write a code, you are never going to address every
situation that comes up.
It's not possible.
So you have a certain number of mechanisms for a kind of
relief valve.
For example, you have your variances.
Variances are a criteria. They go to a noticed public
hearing, for a smaller thing, made at some point to allow
administrative design exceptions.
These are supposed to be very minor, and they are supposed
to be small, and they are further defined in the sections of
the code.
And be --
11:57:41 >>YVONNE CAPIN:
They are supposed to be minor, and who
determines that they are minor?
11:57:47 >>REBECCA KERT:
City Council did when -- maybe not you --
someone at City Council did when they passed the regulation
that said within 5%, or within 5 inches or whatever the
deviation, that you allowed in the specific criteria. And
it's my understanding and my memory -- and if I am wrong
somebody can correct me -- there are substantive provisions
which said in the individual section, what is a minor thank
you it's okay to be administratively planted, whereby change
was a process.
And did I answer your question?
It is not appropriate to give broad -- to delegate your
authority to the administration without setting criteria.
But it's mincing you have in the specific areas of the code,
and if there are specific ones that does that you have
problems with that you think is granted too large or you
think is granted to be given, then we can certainly look at
those.
But you wouldn't put the specific criteria in your process.
The specific criteria would be in the same section with what
the regulation is.
11:59:08 >>YVONNE CAPIN:
I understand that procedure.
I am going to go back to this.
I stand with my second.
And on the motion, it was moved by Councilman Reddick and
Cohen, and it passed.
Now, asked the legal department and Land Development
Coordination to attend and participate in said workshop.
Then we come up and said, we are not ready because we didn't
understand what you wanted.
Did anyone ask Mr. Reddick or Mr. Cohen what they intended
with this?
11:59:49 >>REBECCA KERT:
No, ma'am.
And again I apologize if I did not do a good job on this.
11:59:57 >>YVONNE CAPIN:
My second stands.
Thanks.
12:00:00 >>CHARLIE MIRANDA:
Anyone else?
12:00:00 >>FRANK REDDICK:
Looking at your time, if it's up to this
council, I would be more than --
12:00:18 >>MARY MULHERN:
Continue the discussion then under the
staff report?
12:00:22 >>FRANK REDDICK:
I.
12:00:24 >>CHARLIE MIRANDA:
I'm a number guys.
I have got to see numbers.
I don't like to speak on abstract.
I would like to see how many were handled, where the
problems are, if it's a quarter of an inch we are talking
about or two feet, or two yards?
I don't know.
I have just got to see all the ramifications of what we have
done, what has happened, and where we are going.
That's how I feel.
I'm not against it.
But I'm also not for it.
I have got to see the realities of all the facts come before
us so that I can understand and find out where we are at.
I just don't like to change things just for the absence of
changing.
I'm not opposed to changes but I like to be see some raw
numbers.
How many have appealed?
How many do we have?
What's the problem with the code?
And I understand code, and I understand code be as a section
in the state statute.
And then after that statute you have regulations, and I
guess that's what you are implying, in the same sense, in a
different manner but in the same sense.
And that's what I am interested in.
But would you like your motion to come back?
12:01:28 >>FRANK REDDICK:
Amend the motion to come back on June
5th under staff reports following this discussion.
12:01:36 >>CHARLIE MIRANDA:
I have a motion by Mr. Reddick.
Seconded by Mrs. Capin to approve that.
Mrs. Mulhern?
12:01:45 >>MARY MULHERN:
(off microphone).
12:01:48 >>CHARLIE MIRANDA:
Right.
That's what I'm saying.
12:01:49 >>MARY MULHERN:
(off microphone).
Dearth Kert would it be acceptable if we were to be provide
you with, say, the last six months?
I'm not sure how many there are.
But I am trying to get some gauge.
12:02:06 >>CHARLIE MIRANDA:
That's fine.
I am going to the maker for his approval because it's his
motion.
But I have a motion made by Mr. Reddick for this to come
back on June 6th -- 5th, under staff report.
I have a second by Mrs. Capin with the amendment by Mrs.
Mulhern.
All in favor of that please signify by saying aye.
Opposed nay.
Motion passes 5 to 1.
12:02:28 >>THE CLERK:
Can you restate the motion, please?
I'm sorry.
12:02:39 >>CHARLIE MIRANDA:
Mr. Reddick will make the motion and then
Mrs. Mulhern will add to the second.
12:02:43 >>FRANK REDDICK:
The motion is to have staff report back
June 5th pertaining to this item, objective versus
subjective, to the criteria ware looking for, and accept the
endment from Mrs. Mulhern.
You have to state that again.
12:03:03 >>MARY MULHERN:
(off microphone) I would like to hear from
staff under 27-60-E, the scope of the request, how that
scope would be defined, is defined, not if but is defined,
then under C-1, how minor design changes are defined, and
under D, delineation of how the alternative design exception
addresses the following issues.
And then the number offal tern tough design exceptions that
were given administratively in the past six months.
12:04:29 >>CHARLIE MIRANDA:
That clears up that motion.
The vote was taken.
But just to clear it up.
All right.
This is a public hearing on number 6.
I am going to ask council to give me 20 minutes.
I have a motion by Mrs. Montelione, second by Mr. Reddick
for 20 minute extension.
All in favor of the motion?
Opposed?
The ayes have it unanimously.
This is a public hearing on item number 6.
Anyone in the audience care to speak on this?
12:04:51 >>FRANK REDDICK:
Move to close.
12:04:54 >>CHARLIE MIRANDA:
Move to close --
12:05:06 >> Susan Long:
I would like to make a design exception,s
this no way for us to respond.
And it is a new design exception that happened in my
neighborhood.
Sometimes find out about it before.
It would really be nice to give some feedback.
Thank you.
Object when there's design exception going to staff.
We usually find out about it after it's over.
12:05:44 >>CHARLIE MIRANDA:
Thank you.
Anyone else?
Need a motion to close by Mr. Reddick.
Seconded by Mrs. Capin on item number 6.
All in favor of the motion?
Opposed?
The ayes have it unanimously.
Information reports, left to right.
Mrs. Montelione.
12:05:57 >>LISA MONTELIONE:
Thank you.
I have a commendation prepared for transportation,
engineering division, but I don't have a date yet to
coordinate all of the individuals to be recognized.
Transportation engineering division being presented
commendation for their work on the walk-by plan.
1, 2, 3 is walk-bike month or is bicycle month.
Yesterday I attended the ride of silence, and it was very
sad.
We lost another 12 people this past year.
To bicyclists on our roadways.
I don't have a date yet.
12:06:41 >>CHARLIE MIRANDA:
Just yesterday, I was driving north on
MacDill Avenue, and on be CORTILLIA I noticed a
bicyclist and a car heading south and the bicyclist, the car
missed by a couple of inches.
And this fellow didn't even see the car.
The car didn't see the bicyclist.
He was riding just across the street without looking.
And it everybody's fault.
This is not one sided.
It two sided.
But, anyway, I know that.
Mr. Reddick?
12:07:14 >>FRANK REDDICK:
Nothing.
12:07:18 >>LISA MONTELIONE:
I didn't get a second on that.
12:07:20 >>CHARLIE MIRANDA:
We don't have a date.
Just give me any date.
12:07:24 >>LISA MONTELIONE:
Oh, then we will make it be for the
26th of June.
12:07:34 >>CHARLIE MIRANDA:
All right.
I have a motion for the item that she wanted a commendation
for, 26th of June, seconded by Mr. Suarez.
All in favor of the motion?
opposed?
The ayes have it unanimously.
Mr. Suarez.
12:07:48 >>MIKE SUAREZ:
Thank you, chair.
I ask are that council prepare a commendation to Hart
proclaiming June 19, 2014 as national dump the pump day in
the Tampa Bay area.
Is.
12:08:02 >>LISA MONTELIONE:
Second.
12:08:03 >>CHARLIE MIRANDA:
I have a motion by Mr. Suarez.
Is that HART?
12:08:07 >>MIKE SUAREZ:
H-A-R-T.
12:08:13 >>CHARLIE MIRANDA:
The ayes have it unanimously.
Anything else Mr. Suarez?
All I have got to say is I am leaving tomorrow to see the
World Series with the University of Tampa plays southern
Indiana, and hopefully they can repeat what they have done.
It very difficult to do that.
Right now they are ranked number one.
12:08:28 >>LISA MONTELIONE:
We will be watching on TV.
12:08:32 >> I may like it so much I will stay there.
12:08:35 >>MIKE SUAREZ:
Have a wonderful Memorial Day.
12:08:39 >>STEVE MICHELINI:
Mr. Chairman, I think it would be
appropriate for the council to authorize the chairman to
send a congratulatory letter with him on achieving the
ability to go to the World Series, and wish them -- best
wishes and good luck in the tournament.
12:09:00 >>CHARLIE MIRANDA:
Anyone want to make a motion to that
effect?
12:09:02 >>MIKE SUAREZ:
We are all about championships here.
Bring it back and we'll give them a commendation.
12:09:10 >>CHARLIE MIRANDA:
Thank you for trying.
You get an "A" for that, sir.
Anyone else in the audience care to speak?
I need a motion to receive and file.
Motion by Mrs. Montelione.
Second by Mr. Suarez to receive and file.
All in favor?
Opposed?
The ayes have it unanimously.
Any one of the 512 that would be like to speak to us?
No one?
We stand adjourned till be 5:01 today.
Please be here.
Thank you very much.
(Council meeting adjourned).
DISCLAIMER:
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.