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