TAMPA CITY COUNCIL
Thursday, June 25, 2015
9:00 a.m. session
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[Sounding gavel]
09:01:52 >>FRANK REDDICK: Good morning.
09:01:52 I am going to have call this Tampa City Council meeting to
09:01:54 order.
09:01:55 At this time I yield to Councilman Cohen.
09:01:57 >>HARRY COHEN: Thank you, Mr. Chair.
09:02:04 Please welcome this morning the Rev. Vicki R. Walker,
09:02:08 minister of Missions and Outreach at Hyde Park United
09:02:11 Methodist Church.
09:02:13 She's going to lead us in the invocation this morning.
09:02:15 Then please remain standing for the pledge of allegiance.
09:02:18 >> With the events of Charleston still ringing in our hearts
09:02:24 and souls, my prayer is let us pray.
09:02:32 O God, in a time filled with violence and devastation, we
09:02:36 confess anxiety about the world in which we live.
09:02:39 We lack the resources to see the present with clarity or the
09:02:42 future with hope.
09:02:44 We have grown numb for the loss of life, and we are too
09:02:48 eager to retaliate.
09:02:50 Forgive us.
09:02:51 We have been quick to cast blame on others and less inclined
09:02:54 to consider the anger that is within our own hearts.
09:02:58 Have mercy on us.
09:03:00 Grant us solidarity with all who suffer, compassion for all
09:03:04 who grieve, and patience towards all who serve the common
09:03:08 good.
09:03:09 May fill the thoughts of our hearts and minds with human
09:03:15 understanding.
09:03:15 In your holy name we pray.
09:03:17 Amen.
09:03:18 [ Pledge of Allegiance ]
09:03:21 >>FRANK REDDICK: Roll call.
09:03:39 >>CHARLIE MIRANDA: Here.
09:03:41 >>MIKE SUAREZ: Here.
09:03:42 >>YVONNE CAPIN: Present.
09:03:43 >>HARRY COHEN: Here.
09:03:44 >>GUIDO MANISCALCO: Here.
09:03:55 >>LISA MONTELIONE: Here.
09:03:57 >>FRANK REDDICK: Here.
09:03:59 Ceremonial activities.
09:04:00 >>LISA MONTELIONE: Council, it is my pleasure and my honor
09:04:23 to present this commendation to captain Bob Robert J. Silah
09:04:34 from operation helping hand.
09:04:36 He has had a storied career in the U.S. Navy.
09:04:40 He is now retired after 27 years.
09:04:42 And I am just very happy that we have MacDill Air Force
09:04:44 Base here to bring us such wonderful people who decide to
09:04:50 stay here.
09:04:51 So with that, I want to present you an operations helping
09:04:56 hand, the organization that captain Silah founded.
09:05:05 We have the honor, captain Robert J. Silah, who continues to
09:05:13 serve our country and our city.
09:05:15 He has never fallen short.
09:05:17 His career includes two tours of duty in Vietnam, the
09:05:23 Pentagon and MacDill Air Force Base.
09:05:25 Serving as deputy inspector general inspecting embassies in
09:05:29 southwest Asia, Saudi Arabia, Kenya, Somalia and Pakistan.
09:05:36 Captain Silah established helping hand to support wounded
09:05:40 active duty personnel and their family being cared for at
09:05:43 the James A. Haley veterans hospital.
09:05:47 Helping hand host monthly dinners spreading hope to all in
09:05:51 attendance.
09:05:52 Operation helping hand also partners with local businesses
09:05:56 to uplift families and their veterans by arranging for
09:06:03 simple conveniences and excursions to make their stay in
09:06:06 Tampa just a little easier.
09:06:07 The Tampa City Council commends captain Silah and the
09:06:11 volunteers of operation helping hand for assisting over 900
09:06:16 patients and their families for extraordinary commitment and
09:06:18 for dedication to the wounded warriors who have valiantly
09:06:23 served our country, for his achievements over his 27 years
09:06:26 in the United States Navy and for his contributions to the
09:06:29 City of Tampa.
09:06:30 It is my pleasure and honor.
09:06:39 (Applause)
09:06:40 >> Well, thank you very much for this honor.
09:06:46 I really appreciate the chance to be here before the City
09:06:49 Council and to thank you very much for this.
09:06:54 This is a complete surprise.
09:06:56 But let me tell you a couple things about what we do and how
09:06:59 we do it.
09:06:59 In 2003, I had a meeting with Dr. Steven Scott at the
09:07:03 hospital and he said there were a lot of patients coming in
09:07:06 from Iraq and Afghanistan, and their families were sleeping
09:07:10 in cars because there wasn't enough money for them, and so I
09:07:15 started this operation helping hand with the help of the
09:07:17 military officers association, the Tampa chapter.
09:07:21 And that was in 2003.
09:07:22 So 2004, got a good start, and we started to help the
09:07:28 patients coming in.
09:07:29 And since then, in the last 11 years, we have helped as Lisa
09:07:36 said over 900 patients and well over about 1500 family
09:07:39 members, and we still help.
09:07:41 And recently, I had a meeting at the hospital with some of
09:07:44 the doctors, and I said, are we slowing down at all?
09:07:48 And they said, you would be surprised, with the special
09:07:51 operations going on over in Afghanistan and other places,
09:07:53 there's more wounded injured coming in that we don't hear
09:07:56 about.
09:07:57 So we are going to be in business for a long tame.
09:07:59 And appreciate the chance to come before you and let you
09:08:03 know just a little bit about it.
09:08:06 I have a committee of about 25, and there's three gentlemen
09:08:10 with me here today.
09:08:11 I would like to introduce them.
09:08:14 Tom, please stand up.
09:08:16 Jim Griffin.
09:08:18 And Bob Sawallesh.
09:08:22 These are executive council members, and they help us make
09:08:24 the decisions.
09:08:26 Again, as far as the money goes, we have given over a
09:08:30 million dollars over nine years, and we are going to
09:08:33 continue just as long as we have.
09:08:35 And I assume there is going to be a lot more coming in.
09:08:39 I hate to be depressing about this, but there's still
09:08:42 wounded coming in.
09:08:43 As long as they come in, we are going to be there to help
09:08:46 them.
09:08:46 So thank you very much.
09:08:48 (Applause).
09:08:59 >>FRANK REDDICK: I need a motion to adopt the minutes.
09:09:00 >> So moved.
09:09:01 >> Second.
09:09:02 >>FRANK REDDICK: Motion from Mr. Cohen.
09:09:03 Second by Mr. Suarez.
09:09:04 Discussion on the motion?
09:09:05 Seeing none all those in favor?
09:09:07 Opposed?
09:09:08 All right.
09:09:09 Next ceremonial activity will be Mr. Cohen.
09:09:25 >>HARRY COHEN: I would like to ask our supervisor of
09:09:27 elections, Craig Latimer, to join me here at the podium.
09:09:34 Craig, I am going to leave it to you to welcome everyone
09:09:37 from your office to join us today, but I would say that we
09:09:40 have a great deal of men and women from the supervisor of
09:09:45 elections office here today, and I think that reflects the
09:09:48 very, very high honor that the office recently received.
09:09:53 It wasn't that long ago that the Hillsborough County
09:09:56 supervisor of elections office wasn't held in the esteem
09:10:00 that it is today, and in a very, very short period of time,
09:10:03 this gentleman and his fabulous staff have turned that
09:10:06 office from something that quite frankly was a problem to
09:10:11 something that is really now held up as an example of
09:10:15 exactly the way the supervisor of elections office should
09:10:18 run.
09:10:19 All of us recently were candidates for election.
09:10:22 Citizens, voters, it really is at the very heart of our
09:10:28 democratic process and it's so, so important that people
09:10:30 have confidence in the integrity of our elections system.
09:10:34 A few weeks ago, I was privileged to join Craig and his
09:10:38 talented staff in Orlando where they received the governor's
09:10:42 Sterling award, which is a very, very high honor and
09:10:45 recognition, the first time a supervisor of elections office
09:10:49 in the State of Florida has won this award.
09:10:52 And I just want to tell you very briefly what the award is
09:10:55 actually for and what it is about.
09:10:58 This great honor is awarded to organizations both public and
09:11:03 private which displays mature, refined management processes
09:11:08 and pop results.
09:11:09 These organizations go through an extensive and rigorous
09:11:12 process to qualify.
09:11:14 The panel of judges determines each applicant organization's
09:11:18 role model status and eligibility to receive the award.
09:11:22 Recipients are expected to serve as role models by
09:11:25 showcasing their journey and best practices to other
09:11:31 aspiring organizations.
09:11:32 This is a very high honor for Hillsborough County and a very
09:11:35 high honor for you personally, and our city thanks you all
09:11:38 for your very, very hard work on our behalf.
09:11:42 (Applause).
09:11:51 >> Thank you very much.
09:11:53 I would like to give a shoutout, and one of them came to see
09:11:56 his former students, and that's Tom Reedy, the principal of
09:12:00 Tampa chaplain, and I sit on the board there, and of course
09:12:03 council member Maniscalco is one of his students.
09:12:06 I also have Linda McKinnon, the president and executive
09:12:07 director of the central Florida behavioral health network.
09:12:12 It's the managing entity that oversees $160 million of
09:12:17 substance a bows and mental health that funnels into our
09:12:22 county here.
09:12:22 So I thank them for come.
09:12:24 Thank you to this esteemed commission and City Council for
09:12:27 this award.
09:12:28 You know, an organization's vision is meant to be
09:12:32 inspirational.
09:12:33 Sometimes even lofty.
09:12:35 Our vision is to be the best place in America to vote and we
09:12:39 are serious about it.
09:12:41 I pursued the Governor's Sterling Award to show the voters
09:12:44 that they put a lot of trust in me, and I want voters to
09:12:47 know that our elections hold us to the highest standards of
09:12:51 excellence that's out there.
09:12:53 You know, we have now put a process and measurements in
09:12:57 place, and through the sterling process we have actually
09:12:59 built the foundation that will help us meet any challenge
09:13:02 that comes our way in the future, and Hillsborough County is
09:13:05 in a better place because of it.
09:13:07 So I thank this council, Councilman Cohen, thank you very
09:13:11 much.
09:13:11 I do want to acknowledge the people that really did it, and
09:13:14 that's our staff.
09:13:16 (Applause)
09:13:26 Just to remind you, we only have 42 full time staff in our
09:13:30 agency.
09:13:30 And then we swell to hundred and then thousands on election
09:13:34 day.
09:13:35 And I and I know that Councilman Cohen referenced it.
09:13:39 Just to show what excellent elections we do run, we just ran
09:13:42 your election and I trust you all are happy with the
09:13:44 outcome.
09:13:45 (Laughter)
09:13:47 Thank you very much again.
09:13:47 I appreciate it.
09:13:48 >>HARRY COHEN: And senator Nelson's office is also here and
09:13:53 they also want to take this opportunity to congratulate the
09:13:56 staff and Mr. Latimer.
09:13:58 Thank you.
09:13:58 >> Good morning.
09:14:05 It's a pleasure to be here on behalf of Senator Nelson.
09:14:09 Rather than read the letter, I just wanted to congratulate
09:14:12 you and thank you so much on behalf of the senator for your
09:14:15 excellence.
09:14:17 As we all know, the right to vote is one.
09:14:21 That is a sacred one.
09:14:24 And Senator Nelson is so proud to represent the state and
09:14:27 have you representing Hillsborough County and making sure
09:14:31 that our voters have the right to vote.
09:14:34 Thank you so much.
09:14:37 (Applause)
09:14:38 >> Thank you again.
09:14:55 >>FRANK REDDICK: Mr. Anthony.
09:15:09 Good morning.
09:15:20 Good morning, council.
09:15:21 For 13 years, the community heard his voice.
09:15:28 He has educated the public about current events.
09:15:31 He has educated the public on political events.
09:15:34 And he has been a force that many people tune in on Sunday
09:15:39 morning to hear what he has to say on the radio show.
09:15:47 It became very, very popular.
09:15:49 And he decided recently, after 13 years of getting up on
09:15:54 Sunday morning, after 13 years of meeting me at the craft
09:16:03 house, he decided to say he wanted to take a break.
09:16:07 And we are just thankful that we have him in our community
09:16:13 for 13 years.
09:16:15 And you just don't understand the magnitude of what he
09:16:20 shared with all of us to bring about change in the City of
09:16:25 Tampa.
09:16:26 And briefly, let me just say this, just to make it part of
09:16:30 the record.
09:16:33 Mr. Anthony has a political and social commentator, his
09:16:44 Facebook blog as well as the editorial for both "Tampa Bay
09:16:49 Times" and "The Tampa Tribune."
09:16:51 Currently he is the president and CEO of community
09:16:55 consultants incorporation, and in that role he acts as a
09:16:59 consultant to minority businesses in Tampa Bay for business
09:17:08 opportunities.
09:17:13 He helps other people get what they want, and it is all
09:17:20 about the people and relationships.
09:17:22 And on this day on behalf of Tampa City Council, we would
09:17:28 like to present you with a commendation for all the work you
09:17:31 have done in the City of Tampa and all the changes that you
09:17:34 have brought based on your voice.
09:17:38 (Applause).
09:17:45 >> Briefly to the distinguished chair and all the other
09:17:47 caring members of this council, I'm deeply honored.
09:17:50 You know, it is always extremely gratifying when others in
09:17:53 the community recognize your work, share the joy of your
09:17:58 work, and understand that your work is really about making
09:18:02 existence in the community.
09:18:04 At WMNF radio we call ourselves community conscious radio.
09:18:09 And if you don't mind, I will use my radio voice to close
09:18:12 out.
09:18:12 We always close with a African-American proverb to say to
09:18:17 not know is bad; to not want to know is worse.
09:18:20 To not hope is unthinkable.
09:18:22 To not care is unforgivable.
09:18:25 Thank you all.
09:18:28 God bless you.
09:18:30 (Applause)
09:18:35 >>HARRY COHEN: I think the chair will be joining us in just
09:18:45 a moment.
09:18:46 We are at the point in the agenda now for approval of the
09:18:49 addendum.
09:18:52 >>LISA MONTELIONE: May I?
09:18:54 >>HARRY COHEN: Yes, Councilwoman Montelione.
09:18:56 >>LISA MONTELIONE: I had sent a memo on Monday requesting
09:19:00 that item 30 be pulled from the agenda.
09:19:02 And --
09:19:07 >>HARRY COHEN: Okay.
09:19:10 >>LISA MONTELIONE: It should have appeared on the addendum.
09:19:27 Miranda it's a backup.
09:19:30 >>HARRY COHEN: So we have a motion and second to approve
09:19:35 the agenda with item number 30 being pulled.
09:19:38 All those in favor say aye?
09:19:40 Opposed?
09:19:40 All right.
09:19:40 >>MARTIN SHELBY: I'm sorry, there's also a housekeeping
09:19:45 matter that I'm requesting council to take up early, and
09:19:50 that's the removal of item number 80 and the clerk has a
09:19:54 request.
09:19:55 >>REBECCA KERT: Legal department.
09:19:57 The design exception to application number 12 for 115 Adelia
09:20:01 Avenue that received partial approval, and filed and
09:20:05 subsequent to that time, the underlying request was
09:20:09 withdrawn.
09:20:10 The result of that means that the approval is withdrawn and
09:20:14 void, no permits can be pulled based on that design
09:20:17 exception.
09:20:17 It is withdrawn and void.
09:20:19 Therefore there is no underlying decision for you to hear
09:20:23 and we believe the decision is moot.
09:20:25 >>HARRY COHEN: Motion to remove item 80 from the agenda.
09:20:29 >> Second.
09:20:30 >>FRANK REDDICK: Motion by Mr. Cohen.
09:20:31 Second by Mrs. Capin.
09:20:33 >>MARTIN SHELBY: I'm sorry, did you want to say something
09:20:37 to council?
09:20:38 Please.
09:20:38 >> My name is Steven Stanley, a member of the Board of
09:20:43 Directors of the Davis Island civic association, and we
09:20:47 submitted a petition to have the administrator's decision
09:20:51 reviewed because it allowed a decrease on 50-foot lot on a
09:20:58 side setback of one whole foot which means the side setback
09:21:03 ran the whole length of the lot, 100 to 140 feet.
09:21:07 And now if the approval is withdrawn, that's satisfactory.
09:21:17 But I just want it on the record that the approval is
09:21:20 withdrawn so that somebody else can't come back and submit a
09:21:26 site plan with the one-foot setback as being preapproved.
09:21:32 >>REBECCA KERT: Legal department.
09:21:36 The approval has been withdrawn, and I will submit to the
09:21:39 clerk for the record a printout showing that it has been
09:21:44 withdrawn.
09:21:46 >>FRANK REDDICK: We have a motion on the floor.
09:21:48 Any further discussion on that motion?
09:21:51 Seeing none all in favor of the motion say aye.
09:21:54 Those opposed?
09:21:55 All right.
09:22:01 Public comments.
09:22:02 We have some guests here with us this morning, and we are
09:22:05 going to recognize them, and that is the members from MWCP.
09:22:13 Would you all please stand?
09:22:25 You know, we like to put you on camera.
09:22:28 Why don't you come down and identify yourselves and your
09:22:31 role and if you want to say a word or two, that will be
09:22:34 fine.
09:22:34 >> Good morning.
09:22:46 Thank you, Mr. Chair, for this opportunity to speak in
09:22:53 chambers this morning and to all of your distinguished
09:22:56 colleagues up there with you.
09:22:58 We respect what you are, what you do, in this great
09:23:00 community of ours.
09:23:01 My name is Maurice Jackson, and I am here representing
09:23:04 AACTSO which is the major youth initiative for the NAACP,
09:23:13 which is, of course, America's oldest civil rights
09:23:16 organization.
09:23:17 Now, AACTSO is an acronym for Afro Academic Cultural
09:23:23 Technological and Scientific Olympics.
09:23:26 In a nutshell, AACTSO is for students of African-American
09:23:40 descent ages 15 through 19.
09:23:43 This program has been active in our nation for 37 years and
09:23:47 it was founded by Vernon Gerrick who is the final to
09:23:53 Valerie, the senior adviser to our president.
09:23:57 Of the young people standing with me this morning are three
09:24:00 of the persons who are part of the mentoring program, and
09:24:05 this year, we are taking 11 students from Hillsborough
09:24:09 County to Philadelphia, Pennsylvania to compete in the
09:24:13 national AACTSO competition which is going to be held July 9
09:24:18 through 13.
09:24:20 The young lady standing behind me, her name is Chanelle
09:24:27 Spencer.
09:24:28 Last year in Las Vegas, she won the silver medal in
09:24:32 photography, which is the second highest honor in the
09:24:35 nation, and this year she is going to represent us in
09:24:44 drawing.
09:24:44 I also have with me Joshua Ethan who just graduated from
09:24:49 Middleton high school in their stem program.
09:24:55 He's an engineer and is going to be going in the fall.
09:25:04 And next to him just finished ninth grade and this year he
09:25:08 received a full four-year scholarship to the college of his
09:25:11 choice.
09:25:17 They are very gifted in their own rights and I will just
09:25:19 have them speak to you and tell you who they are and what
09:25:22 they are going to do when we get to Philadelphia.
09:25:27 >> Good morning.
09:25:28 I'm SHANELL Spencer and this year I will be taking my
09:25:33 drawings to Philadelphia, and a lot of my current art
09:25:36 focuses on social construct and introspective of our own
09:25:41 person, and how the character of ourselves, and that's why
09:25:48 we are presenting.
09:25:50 >> I will be competing in the oratory category in
09:26:01 Philadelphia.
09:26:06 I'm inspired by youth in Tampa Bay and around the nation who
09:26:09 are doing great acknowledging their powers and the things
09:26:13 that they can do.
09:26:14 >> My name is Joshua Ingraham.
09:26:20 In a nutshell my design is apparatus architecture.
09:26:24 I will be competing in the engineering in Philadelphia.
09:26:37 (Applause).
09:26:38 >> And I have eight more just as gifted as these.
09:26:44 This year have four students in visual arts, two students in
09:26:48 perform arts, one in humanity advertise, a great writer, and
09:26:51 I should acknowledge that two of my kids are starting at the
09:26:54 University of Florida today.
09:26:57 As a matter of fact, one of them, Kalayma Arjarma is
09:27:08 entering as a junior at University of Florida.
09:27:11 I have a very good support system and many of them are in
09:27:14 the room with me today.
09:27:15 First I would like to acknowledge our president of the
09:27:18 Hillsborough County branch of the NAACP, and that is Dr.
09:27:22 Benny Small.
09:27:23 I would like for him to join me at the podium.
09:27:26 And also with us, I would like for them to stand.
09:27:30 I have several members of the executive board of the
09:27:33 Hillsborough County branch of the NAACP.
09:27:35 I would like for them to stand.
09:27:40 I also have several parents of the students that we are
09:27:46 taking to Philadelphia with me this morning.
09:27:48 Would you please stand?
09:27:50 And I see in the room one of the mentors who is mentoring my
09:27:55 architect student who has a designed an ecofriendly hotel
09:28:01 for Ybor City, and he has scale models and all the things,
09:28:06 the blueprints and the things that go with the work, and
09:28:10 that is Mr. Richard Robinson.
09:28:12 So, you see, AACTSO is very much alive in Hillsborough
09:28:18 County.
09:28:18 We are doing great things, and quite often the focus is not
09:28:21 on the good things that our children are doing in our
09:28:25 community but I want you to know that we have a lot of
09:28:28 gifted, gifted young people who are doing great things.
09:28:30 And we are trying to do our part to help mentor them, and to
09:28:34 make sure that they get to the next level.
09:28:36 And I won't say anything further.
09:28:38 I would like for Dr. Small to comment and we'll say
09:28:43 good-bye.
09:28:43 >> On behalf of the NAACP in Tampa, I would like to send our
09:28:47 thanks and appreciation for the recognition that you have
09:28:49 given today, and Maurice was right, you hear so much about
09:28:55 the negativity about the kids in the community.
09:28:58 We hear very little about the positive.
09:29:00 So just want to give them applause because we are here
09:29:03 trying to support them.
09:29:04 Thank you all again for recognizing them. (Applause)
09:29:08 >> We thank you all for coming.
09:29:15 And we want to wish everyone great success on your trip to
09:29:22 Philadelphia and that you bring back that prestigious award.
09:29:26 We go to public comments.
09:29:30 Anyone wishing to speak under public comment, please come
09:29:33 forward.
09:29:34 You have three minutes.
09:29:34 Please state your name and address.
09:29:39 Public comments.
09:30:10 >> My name is pastor Frank R. Williams, Paradise Missionary
09:30:14 Baptist church, 1112 east Scott street.
09:30:17 I have been coming down here time and time again.
09:30:20 Seems like I never get no results.
09:30:22 And it seems like nobody cares about my situation.
09:30:26 But we are going to keep coming.
09:30:30 And I always like to acknowledge God, give him all the glory
09:30:35 and praise.
09:30:35 That's my nationality, that's my creed and that's my
09:30:40 building, and I thank God that we are here today.
09:30:42 My problem today is about, well, there are so many things we
09:30:50 could talk about.
09:30:51 One of them fiddler on the roof, killing people there in the
09:31:00 AME church in South Carolina.
09:31:03 We wonder how such things like that happen.
09:31:07 And it's because the United States of America never been
09:31:10 united.
09:31:12 It seems to hate people of color.
09:31:14 They don't care much about the children.
09:31:16 They don't seem to care much about homeless people.
09:31:19 People are not able to qualify to defend themselves, they
09:31:22 could care less about.
09:31:23 And they are basically destroying our nationality.
09:31:29 And it's said that we have to come here week after week to
09:31:33 try to get you all to listen to our comments.
09:31:36 Nobody seems to care.
09:31:39 Nobody wants to dialogue with pastor Williams.
09:31:43 To God be the glory.
09:31:45 One way or another because we are going to continue to keep
09:31:48 our trust in God almighty.
09:31:50 We thank God that we are here this morning.
09:31:52 And like I said, there's a lot of other things that we can't
09:31:56 talk about, that time won't allow us to talk about.
09:31:59 But talking about gun control.
09:32:03 When you talk about gun control, the first person you need
09:32:07 to take the guns is the police because they ain't doing
09:32:11 nothing but shooting black men's and children.
09:32:13 And when you talk about gun control that's what you need to
09:32:16 do, take the guns and have a nation where we can live in
09:32:23 peacefully regardless of creed, nationality or whatever.
09:32:26 And we pray to God that you all do the right thing for all
09:32:30 people.
09:32:30 Don't pick out certain people that you want.
09:32:36 And you have to understand God created us all.
09:32:38 When you talk about African-Americans, all human beings came
09:32:41 out of Africa.
09:32:43 The first children were in Egypt.
09:32:49 And people got to learn how to give God praise, and I also
09:32:55 thank you for hearing my comments because I know it's going
09:32:57 on deaf ears.
09:32:59 Give God the glory.
09:33:00 >> I'm Ed, Ed Tillou, Sulphur Springs.
09:33:17 Okay.
09:33:18 With respect to the supervisor of elections that was said
09:33:25 today, you will remember, probably one of you might
09:33:28 remember, I gave out something about John McCain.
09:33:31 John McCain was the Brooklyn branch, and he had three
09:33:39 voters registered for every person in his community.
09:33:42 So that was kind of a little bit of an example of how things
09:33:45 used to be.
09:33:47 And they are getting a little better in that regard.
09:33:50 Okay.
09:33:51 I have a little bit more material that I gave out on food
09:33:56 than I did on warming.
09:34:00 But, in any case, well, I can't worry about it.
09:34:05 The thing is obesity, there was something I handed out about
09:34:09 trans fats in food which is a very important thing to
09:34:12 eliminate thanks to a rich guy that developed a heart
09:34:15 condition from eating things that had trans fat.
09:34:20 But in any case, the number one problem is not trans fats,
09:34:24 it's obesity.
09:34:25 And you have got this very serious problem which Michelle
09:34:29 Obama is trying to call attention to and she's ridiculed,
09:34:33 although I think it is a little creative.
09:34:35 Sometimes the public tends to be that way.
09:34:39 Well, anyway, various things, a little bit about diabetes,
09:34:45 and some mention about that with respect to food, probably a
09:34:53 lot of you don't know, and of course we need thousands and
09:34:56 thousands of dollars to find this out.
09:34:59 I had a fanatical who was anti-smoking, anti-fat, things
09:35:04 like that, of epidemiology, and studied public health, and
09:35:10 he never really answered the question, why fats are so bad.
09:35:14 Fats are bad because they make you fat.
09:35:16 Well, they do that.
09:35:17 But the real problem is it turns to cholesterol.
09:35:22 All these people running around saying, gee, my cholesterol
09:35:26 is so high and I don't eat eggs.
09:35:28 But the thing is the saturated fats are converted to
09:35:32 cholesterol and that's what makes them so bad.
09:35:34 I don't think I will get to climatic change but here is a
09:35:38 little thing about giving back to campaign funds.
09:35:41 And my personal feeling is this is what happened to Kevin
09:35:44 White.
09:35:45 Kevin White was not a bad official and he did take money as
09:35:50 political contributions from the taxicabs, from some towing
09:35:55 companies.
09:35:55 I don't think he did much for it.
09:35:57 And his role model was Bill Clinton.
09:36:01 But you don't see Bill Clinton going to jail on.
09:36:04 That he was legendary for taking money and then not doing
09:36:06 anything for it.
09:36:07 So Kevin says, this is my role model.
09:36:11 But he was using his campaign funds to take trips and
09:36:16 things, and I think that's why he got in a lot of trouble
09:36:19 because he called attention, that you can do that.
09:36:25 >>FRANK REDDICK: We appreciate your commentary.
09:36:26 Thank you.
09:36:27 Anyone else?
09:36:29 Wishing to speak at this time?
09:36:30 All right.
09:36:35 Requests for public reconsideration?
09:36:38 Seeing none, item number 4.
09:36:43 Staff report.
09:36:43 >>SAL TERRITO: Legal department.
09:36:49 You asked the legal department, you and CRA, asked the legal
09:36:52 department to determine whether you or the CRA had standing
09:36:55 to either challenge any federal or state agency dealing with
09:36:58 the issue of the transportation.
09:37:01 The short answer is, no, you do not have standing, and I am
09:37:04 not going to go into too much detail but let me tell you why
09:37:07 you don't.
09:37:08 First of all you cannot challenge a state agency because
09:37:10 they are the sovereign and in effect saying you are suing
09:37:17 yourselves so we can't do it that way. If we try to grab a
09:37:20 federal agency that's case law dealing with the eleventh
09:37:22 circuit Court of Appeal which is our circuit in Atlanta that
09:37:25 basically says only a person may have standing under the
09:37:30 civil right act on title 6 of the civil right act and we are
09:37:34 not considered to be a person.
09:37:35 So under both of those standard we do not have standing.
09:37:38 We look further and in case the question comes up, is this
09:37:43 issue ripe?
09:37:44 The issue is probably not ripe around our organization to
09:37:47 determine whether this is ripe.
09:37:49 We do not think it is a ripe issue yet because the issue has
09:37:52 not come to a head yet.
09:37:53 The money has not been appropriated.
09:37:56 The final plans have not been done so we determined even if
09:37:58 you did have standing, which you don't, it is not ripe
09:38:02 And the third prong we looked at was discrimination.
09:38:04 That's a very high burden to try to overcome.
09:38:08 The discrimination is not the effect.
09:38:11 It's the intent.
09:38:12 You have to prove there was intended to be discriminatory if
09:38:17 you go into a neighborhood and there's impact on minorities.
09:38:20 So just the fact that it has an impact is not sufficient
09:38:23 under the case law.
09:38:24 So that's a very brief answer to your question.
09:38:27 We didn't have to GOP beyond standing, and once that comes
09:38:30 out, there is no next step.
09:38:32 >>LISA MONTELIONE: Thank you for looking into that matter
09:38:36 for us, Mr. Territo.
09:38:40 And I see from looking at the agenda item itself, there was
09:38:44 a second part to that, and I'm wondering if you are prepared
09:38:48 to respond to the second part.
09:38:51 >>SAL TERRITO: The second part of the agenda?
09:38:53 >>LISA MONTELIONE: It should have been on the agenda.
09:38:55 I apologize when I reviewed it on Friday I didn't notice
09:38:59 that it was missing.
09:39:00 Otherwise, I would have brought it forward.
09:39:02 But I had also asked if you could look into how someone from
09:39:09 City Council or the CRA, one of the members, would be able
09:39:14 to, on behalf of the body, have input into the review of the
09:39:24 environmental impact study which I haven't been able to get
09:39:31 a clear answer from the department or from staff of the MPO,
09:39:39 and it would seem that review -- and it's conducted
09:39:47 typically by members of Federal highway and Florida
09:39:50 Department of Transportation -- would have to take place
09:39:52 before they move forward with any plans.
09:39:55 And it's unclear right now what the status of that is.
09:39:58 >>SAL TERRITO: Okay.
09:39:59 What I did because this came from CRA rather than City
09:40:01 Council, and I indicated to you that CRA did not have any
09:40:04 funding, if they did have the authority to go forward, I
09:40:08 split the two.
09:40:09 That is going to come back before you when you met as a CRA.
09:40:12 I was also asked to write letters -- not write but prepare
09:40:17 letters for you for the MPO, for FDOT, and you gave an
09:40:21 indication you wanted someone from City Council or CRA,
09:40:24 which is the same people, obviously, sitting on the
09:40:26 evaluation committee.
09:40:27 And that was going to come back to you in the CRA since that
09:40:30 was a CRA motion.
09:40:31 That's why that was not on this issue.
09:40:33 >>LISA MONTELIONE: I see.
09:40:36 We are not going to have a CRA meeting for a while.
09:40:40 It's not until July 23rd.
09:40:53 A month from now.
09:40:54 >> That's why I split it, a CRA motion from a City Council
09:40:58 motion.
09:40:58 >>LISA MONTELIONE: Thank you.
09:41:00 >>FRANK REDDICK: Any other questions, comments?
09:41:03 >>MIKE SUAREZ: Mr. Territo, are members of the community
09:41:08 able to have standing?
09:41:10 >>SAL TERRITO: That's the reason I went through the other
09:41:13 two steps.
09:41:13 They are a person so they do have standing but they have a
09:41:15 very heavy burden to overcome.
09:41:17 They would have standing.
09:41:19 Then they have to look at the rife in this question, is this
09:41:21 issue ready to be discussed or determined by a court?
09:41:24 And we have determined we don't think that it's ripe yet for
09:41:29 the discussion yet.
09:41:30 And then they have to overcome the burden on the
09:41:32 discrimination issue whether the impact was not the issue,
09:41:37 whether the intent was the issue, that it was intended to
09:41:40 discriminate.
09:41:41 They do have that and that's the reason I brought it out in
09:41:44 that kind of detail.
09:41:50 Intent means you knew going in that we were going to have a
09:41:52 discriminatory purpose and that's what you intended to do,
09:41:55 to discriminate.
09:41:56 That's a very heavy burden.
09:41:58 The impact is an easy one.
09:42:01 If it had an impact on you, discriminated or not.
09:42:05 >>MIKE SUAREZ: An impact on you one way or the other.
09:42:07 >> The courts basically made the burden much heavier.
09:42:12 >>YVONNE CAPIN: One of the motions of the CRA was that the
09:42:15 MPO remove the proposed interstate expansion from their
09:42:18 approved -- we approved a letter and that letter is being
09:42:23 prepared as we speak.
09:42:24 >>SAL TERRITO: It's been prepared.
09:42:28 Also preparing a letter for the legislative delegation and
09:42:31 also preparing a letter for the federal Department of
09:42:33 Transportation so they know what your positions are.
09:42:39 >>YVONNE CAPIN: Thank you.
09:42:41 >>FRANK REDDICK: Is that it?
09:42:42 All right.
09:42:42 Thank you.
09:42:47 Item number 5.
09:42:48 >>JULIA MANDELL: City attorney.
09:42:53 You asked the legal department in item number 5 to discuss
09:42:59 several different issues.
09:43:04 The motion relates directly to our hiring and firing
09:43:08 policies, and if there are infractions for existing
09:43:17 employees or potential employees.
09:43:18 Part B is requesting us to look into -- describe the
09:43:22 separation of powers issue as it relate to the hiring and
09:43:25 firing processes for City Council staff.
09:43:28 I am going to go ahead and discuss the charter provisions
09:43:32 related to part B first to see if it really informs what
09:43:36 occurs once you get into the system, but just so I could
09:43:40 clearly describe everything, I'll go ahead and do that.
09:43:42 Then I will ask them to come up and go through the process
09:43:49 as relates to the hiring and firing process.
09:43:52 We had background potential criminal background of persons
09:43:56 coming into employment.
09:43:58 The separation of powers issue is very clearly defined
09:44:01 within your charter.
09:44:04 Within exception -- and I will read a little bit about what
09:44:09 it specifically says.
09:44:10 Section 2.04, which is the section charter that is under
09:44:16 article 2, the legislative powers, section 2.04 describes
09:44:22 the staff that City Council can have, and specifically you
09:44:30 have budget analyst, legal aide, City Council attorney, and
09:44:35 then the third staffing positions that occur for City
09:44:41 Council is described in subsection C, other staff.
09:44:46 And what this section specifically provides for is City
09:44:49 Council may create and fill other staff positions for the
09:44:53 purpose of assisting in the performance of its legislative
09:44:57 function, provided however that such other staff positions
09:44:59 in the salaries therefore shall first be approved by the
09:45:03 mayor.
09:45:04 In addition to the provisions in the charter relating to
09:45:07 City Council and their authority and ability to have staff,
09:45:14 I move on towards the article 4, executive, section 4.01,
09:45:20 which provides specifically the authority and powers of the
09:45:25 mayor.
09:45:25 And within that, it's a very, very long question, but within
09:45:31 that provision there's a few subsections which would be
09:45:35 definitive in this particular matter.
09:45:38 Subsection 4 describes that it is for the mayor, unless
09:45:42 otherwise described within the charter for the appointment,
09:45:45 removal and the fixing of compensation of all officers and
09:45:49 employees of the city.
09:45:51 It goes on to talk about --
09:45:54 >>FRANK REDDICK: Would you go back and restate what you just
09:45:57 said?
09:45:57 I missed that part.
09:45:58 >>JULIA MANDELL: Sorry, talking about and reading from the
09:46:02 section 4.01 which is the authority of the mayor as it
09:46:06 relates to employees and hiring and firing which is
09:46:10 described in the mayor's authority and in subsection 4 it
09:46:14 says except as otherwise provided herein within the charter,
09:46:18 the mayor has the authority for the removal or assisting of
09:46:23 compensation of officers of the city, the employment not
09:46:27 otherwise provided for herein, and then it goes on to say,
09:46:30 all appointments are to be made upon merit and in accordance
09:46:35 and as nearly as possible as civil service requirements.
09:46:38 It goes on to describe in subsection 6 that the mayor -- and
09:46:43 I am not going to read the whole thing -- has the authority
09:46:45 over the promulgation of personnel rules and regulations.
09:46:51 The reason I brought that all out is because you had asked
09:46:55 to describe the separation of powers and how those two merge
09:46:58 together that you have within the charter, the provision
09:47:01 that talks about having other staff, how that other staff is
09:47:04 able to be created pursuant to the charter, and the
09:47:08 authority of City Council as a whole versus the authority of
09:47:12 the mayor to set the compensation for those positions, and
09:47:18 also create those positions.
09:47:20 I also described other provisions as relates to the mayor,
09:47:24 and doing that for a couple of reasons.
09:47:27 First of all, to describe where the separation of powers
09:47:30 goes on.
09:47:31 But second of all, I think some of the things that are
09:47:33 really important in those sentences are employees of the
09:47:37 city, regardless of where they are employed or how they are
09:47:40 employed, unless there's something otherwise within the
09:47:42 charter, are looked at and reviewed as close as possible way
09:47:50 to civil service rules, and civil service requirement.
09:47:53 In addition, the mayor has the authority over the setting of
09:47:56 the personnel rules.
09:47:59 The reason I thought that is important is, of course,
09:48:02 certainly it is within council's purview to change the
09:48:07 charter and move forward in that process if it deemed
09:48:10 appropriate.
09:48:10 However, the one thing that I think is very important for
09:48:13 council to understand is that in any organization -- and
09:48:17 this isn't just the City of Tampa, the separation of powers
09:48:21 within the charter, that there is an employment obligation
09:48:26 for us to treat similarly situated people the same, that we
09:48:30 have rules that need to be followed, and those aren't just
09:48:34 because of rules that we set within the city, they are
09:48:36 rules, federal rules, they are state rules as it relates to
09:48:39 employment matters, and within the way this is drafted
09:48:44 today, and generally within the body of employment matters,
09:48:51 once you created that rule regardless of where that employee
09:48:54 is situated within the organization, you have to treat
09:48:58 similarly situated people the same in order to avoid any
09:49:01 potential employment issues down the line.
09:49:08 >>FRANK REDDICK: Mr. Suarez?
09:49:09 >>MIKE SUAREZ: You just hit on something I wanted to ask
09:49:11 you, Mrs. Mandell.
09:49:13 You said similarly situated people.
09:49:15 I know, for example, all of us approve leave and the time
09:49:20 sheets for each one of our employees.
09:49:23 Okay?
09:49:24 Now, by looking at that, that would mean that each we are
09:49:29 each department head for our own department.
09:49:31 That's a way of putting it.
09:49:33 So we have some leeway and control over our employees that
09:49:37 work for us, work for the city but for us.
09:49:41 Is that correct?
09:49:42 >>JULIA MANDELL: I wouldn't characterize each one you have
09:49:45 as being an individual department head over your employees.
09:49:49 >>MIKE SUAREZ: That's just a phrase that I am using.
09:49:52 It is what it is.
09:49:52 I could be a supervisor.
09:49:54 It doesn't really matter.
09:49:56 >>JULIA MANDELL: It's a distinction with a difference.
09:49:58 >>MIKE SUAREZ: As part of the charter, it says that City
09:50:02 Council may create and fill other staff positions for
09:50:06 purposes of assisting it in the performance of its
09:50:10 legislative function.
09:50:10 I think that's a statement that says that we do have some
09:50:14 power over the people that come and work for us.
09:50:16 Is that correct?
09:50:18 >> I would agree with you on that.
09:50:20 >>MIKE SUAREZ: And again, this does not mean that we get to
09:50:23 set the salary at any level we want, but we get to hire
09:50:26 seven people to work for us or something like that.
09:50:29 I understand because that next sentence essentially says,
09:50:34 you know, we are going to let you have someone to work, but
09:50:37 we are not going to let you have carte blanche over how many
09:50:41 people you have.
09:50:42 I think that's a pretty appropriate way that it's placed
09:50:46 within the charter.
09:50:47 >>JULIA MANDELL: I would agree with that.
09:50:49 >>MIKE SUAREZ: The question I have is when we reduce that,
09:50:51 or when we change the compensation of staff, there is -- the
09:50:57 mayor has to sign off on that, too, apparently, according to
09:51:02 Tom Gonzalez, the outside attorney, that provided a memo to
09:51:05 you last year.
09:51:07 Is that correct?
09:51:08 >> I would agree with that.
09:51:09 >> By the way, Mr. Gonzalez kept referring to the city code
09:51:12 ordinances instead of the charter.
09:51:14 I'm not sure that we want to keep using an attorney that
09:51:17 doesn't know the difference between an ordinance and the
09:51:19 charter.
09:51:19 That's just my own personal opinion. Anyway, back to what I
09:51:22 was talking about.
09:51:23 In terms of what we have as a right, I would assume that any
09:51:27 supervisor that approves both leave and the time sheet, the
09:51:33 mayor signed off on each one of them, correct?
09:51:39 >>JULIA MANDELL: I'm sorry, I don't think I know what you
09:51:41 are saying.
09:51:42 >>MIKE SUAREZ: Let's say reduction in force.
09:51:44 It doesn't matter.
09:51:45 The police department or some other place.
09:51:48 Listen, we are going to have somebody that's going to work
09:51:50 part time from home and they want to be able to work a few
09:51:53 hours doing some paperwork.
09:51:54 Let's say the legal department, for example.
09:51:56 Let's say someone wanted to do that, someone in your office,
09:51:59 and care for an ill father or grandparent, and they said,
09:52:05 Mrs. Mandell, I want to be able to work from home.
09:52:08 Absolutely, no problem.
09:52:09 You will sign off on that.
09:52:11 The mayor also signs off on it, an all your -- wait a
09:52:16 minute -- sign off on all your requests for reduced hours of
09:52:19 people?
09:52:20 >> I don't think the mayor necessarily signs off on every
09:52:23 single one.
09:52:24 But it has to be done in a manner consistent with the
09:52:26 document that this mayor or former mayors have signed off on
09:52:31 which is our personnel manual, and that is as you described
09:52:34 and that's one of the reasons why I went through some
09:52:36 lengths to describe it.
09:52:37 That actually would be negotiated by the Medical Leave Act,
09:52:41 and the Medical Leave Act --
09:52:43 >>MIKE SUAREZ: Well, let's not -- the Federal Leave Act,
09:52:47 correct.
09:52:47 I gave you a hypothetical.
09:52:48 It could be any hypothetical.
09:52:49 I mean, we make decisions on whether or not people are
09:52:52 working part time or full time based on a lot of different
09:52:55 factors.
09:52:56 We don't always pull out the federal Medical Leave Act.
09:53:00 >>JULIA MANDELL: Well, the point is the personnel manual.
09:53:05 >>MIKE SUAREZ: Well, I'm asking specifically what you do
09:53:08 when you want to do something like that.
09:53:10 I assume you have been in that situation.
09:53:11 You have been the city attorney for some time now.
09:53:13 Have you ever had that situation where you say, hey, you
09:53:15 know what?
09:53:16 We are going to let you go part time for a little bit and be
09:53:19 able to do whatever they are going to do to come back.
09:53:21 You want them to have their job back, or because there's a
09:53:24 specific SEGs situation that you have that leeway as the
09:53:27 city attorney to make a decision as to how people are able
09:53:31 to work.
09:53:31 Is that correct or no?
09:53:33 >>JULIA MANDELL: I have to do it in a manner consistent
09:53:35 with the personnel manual.
09:53:37 >>MIKE SUAREZ: The question is, has the mayor ever had to
09:53:40 sign off on it?
09:53:41 That's a specific question.
09:53:42 >>JULIA MANDELL: I don't believe --
09:53:44 >> Good morning.
09:53:44 Kimberley Crum, director of human resources.
09:53:47 In an attempt to be helpful here, we have had occasions
09:53:49 where full time, if you will, have become part time and vice
09:53:55 versa.
09:53:56 That is the change of classification.
09:53:59 And we do run that through the human resources department,
09:54:02 and it does get signed off by the mayor.
09:54:04 >>MIKE SUAREZ: Every single one of them?
09:54:07 >> That is when the classification is changing from a
09:54:09 full-time employee to a part-time employee or from a
09:54:12 part-time employee to a full-time employee.
09:54:15 >>MIKE SUAREZ: And all of that is public record, correct,
09:54:17 Mrs. Crum?
09:54:18 >> It is.
09:54:19 >> And you have each one of those memos signed off by the
09:54:21 mayor?
09:54:22 Let's say if any other citizen wanted to pull that
09:54:25 information, you have got every single reclassification
09:54:28 listed, and you have got every single one of them signed by
09:54:31 the mayor, correct?
09:54:32 >> They don't have a signature by the mayor.
09:54:33 >> Oh, I see.
09:54:34 >> But they are coordinated from myself through the chief of
09:54:37 staff to the mayor.
09:54:40 If I may.
09:54:41 So when the mayor stands before at the budget hearing and
09:54:44 says I look at every fill, he does look at every fill.
09:54:50 Now that's not to say, Councilman, that if we were to take
09:54:54 an employee for us for a short period of time under the
09:54:57 family Medical Leave Act they were to work a different
09:55:00 schedule --
09:55:00 >>MIKE SUAREZ: Don't get mixed up with the family Medical
09:55:02 Leave Act.
09:55:03 I'm just talking specifically about what the role is
09:55:06 whenever a supervisor of any kind reclassifies someone from
09:55:10 a full to a part-time position, whether or not the mayor
09:55:13 signs off on each one of those.
09:55:15 >> He is aware of each and every one --
09:55:18 >>MIKE SUAREZ: No, I didn't say -- you said aware.
09:55:20 I said did he sign off on each one?
09:55:23 >> If you are looking for a signature, there is no
09:55:25 signature.
09:55:26 >> Just to be involved in the decision and says, you know
09:55:28 what?
09:55:29 This guy, yes, this guy, no.
09:55:31 He makes a decision based on whatever he wants to at that
09:55:35 particular moment based on certain criteria, correct?
09:55:38 >> I think we are confusing two different things.
09:55:40 >>MIKE SUAREZ: I don't think I am confusing anything, Mrs.
09:55:43 Crum.
09:55:43 Hang on a second.
09:55:44 Let me get my point out so that you can answer, all right?
09:55:47 The question is, does the mayor take that much of a role in
09:55:52 each one of the reclassifications pulling from full time to
09:55:56 part time?
09:55:57 That's a pretty simple question.
09:55:58 You are saying that it's reported to him.
09:56:00 Not necessarily signed off by him.
09:56:02 There are times -- and I think this time in particular,
09:56:05 which is a staff member that works here at City Council --
09:56:09 he specifically took a proactive role in this.
09:56:13 Would you say that that's correct?
09:56:15 >> I would absolutely say -- there's a --
09:56:20 >>MIKE SUAREZ: How often does that happen?
09:56:22 That's the question I have.
09:56:22 >> My experience is this in an attempt to be helpful.
09:56:26 When you are talking about changing a classification of a
09:56:28 position, excuse me, from full time to part time, are part
09:56:31 time to full time, that is -- that requires a fill.
09:56:35 And those are all presented to the mayor.
09:56:38 Now, with regard to the council employee that you are
09:56:44 referring to, let me say this.
09:56:50 It's always difficult to talk about an individual case.
09:56:52 And I do this with great respect.
09:56:55 For you and for your employee.
09:56:57 >>MIKE SUAREZ: Not my employee obviously.
09:57:01 But go ahead.
09:57:01 >> May or may not be known that used to be my employee.
09:57:09 For whom I could not be more proud.
09:57:10 The issue knew that particular case, that is a
09:57:13 question --ism giving you my opinion, my experience.
09:57:16 That is a question that has been asked and answered.
09:57:19 That issue of leaving to run a campaign has been asked and
09:57:24 answered.
09:57:26 >>MIKE SUAREZ: So you are saying that the reclassification
09:57:29 was not done because of political activity?
09:57:31 So do we actually -- I assume you have a list of people and
09:57:36 their activities when they go part time, correct?
09:57:38 >> Not necessarily.
09:57:39 >> Okay.
09:57:40 So this is because someone went to work for a campaign?
09:57:48 You mean you made that comment.
09:57:50 I'm trying to follow up and make sure I'm clear because ...
09:57:54 >> I believe that that was a different question.
09:57:55 >>MIKE SUAREZ: Actually based on the memorandum off that we
09:57:59 got from Mr. Gonzalez that was not the question that he
09:58:02 answered.
09:58:03 He said it was a reclassification and we did not have the
09:58:06 right to reclassify, okay.
09:58:09 And what I am saying is because based on supposedly what her
09:58:13 duties would be, she could not work during regular hours.
09:58:18 Now, again, there are people in this city -- and I think you
09:58:21 know this and everyone else knows this -- that they don't
09:58:23 work always during nine to five.
09:58:26 So if she went online to supervise something at 10:00 at
09:58:30 night, we are not going to punish her for doing that,
09:58:33 correct?
09:58:34 I mean, we want people to be able to say they have pride in
09:58:37 their job and they want to work hard.
09:58:39 So with which is it?
09:58:41 Is it the reclassification or is it the political activity?
09:58:44 That's all I want to know.
09:58:45 >> In an attempt to try to answer the question, while at the
09:58:57 same time recognizing that I agree with Mrs. Crum, we have
09:59:01 gotten accepted as the appropriate position of the city
09:59:05 attorney's office in this regard.
09:59:10 But what the charter provides for as well as code provides
09:59:12 for is any person who works for the city in their office
09:59:17 hours has the right during their off hours to engage in
09:59:21 political activity.
09:59:22 They cannot take a leave of absence in order from their job
09:59:25 in order to have that political -- to do that political
09:59:28 activity.
09:59:30 But if you look at an employee who is a part-time employee
09:59:33 and they engage in political activity when they are not
09:59:36 working, then that's completely within line with the charter
09:59:39 and with a full tame employee.
09:59:42 The question that was discussed and described in Mr.
09:59:44 Gonzalez's memo that I also went back and reviewed and
09:59:48 assured myself that I was comfortable was correct, related
09:59:51 not to the question of political activity, but related to
09:59:54 the question of a temporary reclassification of a position
09:59:59 for that purpose, and that's really where I think we ended
10:00:03 up landing.
10:00:05 >>MIKE SUAREZ: I just have a couple of questions, and then
10:00:09 I am done with this.
10:00:11 So whenever someone wants to reclassify for any kind of
10:00:14 part-time position, we monitor what their activities are on
10:00:17 a part-time basis, correct?
10:00:20 >>JULIA MANDELL: No.
10:00:21 >>MIKE SUAREZ: No?
10:00:22 So why is political activity different than any other part
10:00:25 time reclassification?
10:00:26 That's kind of what I am getting at.
10:00:28 How do we know someone isn't doing political activities on
10:00:32 the part time position?
10:00:33 We don't, right?
10:00:36 >>JULIA MANDELL: The question is whether or not you are
10:00:39 authorized to do it or not on the off hours.
10:00:43 Whether or not you are a part-time employee or full time
10:00:45 employee.
10:00:45 >>MIKE SUAREZ: So I would expect we are going to make sure
10:00:48 that anybody that's part time -- and I think we are going to
10:00:50 start monitoring this.
10:00:51 I assume Tom is the head of this, to make sure that anyone
10:00:55 that's reclassified part time, they are not going to be
10:00:57 involved in any political activity.
10:00:59 I mean I would assume that's the answer.
10:01:01 That's the only thing that makes sense to me.
10:01:06 And I apologize.
10:01:07 Mr. Gonzalez has been involved in this.
10:01:09 Did you ask Mr. Gonzalez' opinion?
10:01:12 >> I was part of that decision, yes.
10:01:14 >> No, did you ask for it or were you asked to ask someone
10:01:17 outside of the city?
10:01:20 That's all I need to know.
10:01:21 >>JULIA MANDELL: I'm part of the conversation that went
10:01:23 ahead and went forward and asked --
10:01:26 >> Before or after the fact?
10:01:28 >> I understand there was a request that occurred that came
10:01:32 true me.
10:01:32 >> Who made the request?
10:01:33 >> I believe it came through the chief of staff.
10:01:35 >>MIKE SUAREZ: Thank you.
10:01:38 >>FRANK REDDICK: Mrs. Capin?
10:01:39 >>YVONNE CAPIN: You mentioned that it has to go according to
10:01:46 the employment program.
10:01:51 >>JULIA MANDELL: The personnel manual?
10:01:53 >>YVONNE CAPIN: Personnel manual.
10:01:54 Thank you for that.
10:02:05 Things with the mayor, and one of them, employment has been
10:02:14 denied to my understanding, because of something that is not
10:02:22 in that manual.
10:02:24 >>JULIA MANDELL: I think that was going to be the
10:02:27 discussion part of point A so if we are completed with the
10:02:30 discussion of the charter I just described maybe we can
10:02:33 ask --
10:02:35 >>YVONNE CAPIN: I have two part-time aides.
10:02:38 Two part time aides.
10:02:39 One went from part time to full time.
10:02:42 The other retired.
10:02:44 Did the mayor sign off on those?
10:02:51 >> Crum: The status where the position goes from full tame
10:02:56 to part time and part time to full time, like we have seen
10:02:59 with aides, if the position changes from full to part time
10:03:03 or full time to part time, that is a change of status.
10:03:06 And I believe those go all the way through the chief of
10:03:08 staff.
10:03:09 We don't create -- we don't create another position without
10:03:15 permission to create another half of a position.
10:03:19 Does that make sense?
10:03:24 >>YVONNE CAPIN: As soon as I see the document.
10:03:26 Thank you.
10:03:26 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
10:03:30 Various questions have been asked.
10:03:31 And let me say this.
10:03:32 There are only eight individuals in this whole city who are
10:03:36 privileged enough not to take an aptitude test or any kind
10:03:42 of test to serve the citizens of the city, and those are the
10:03:46 eight elected officials.
10:03:47 You don't have to be smart.
10:03:50 You don't have to pass a test.
10:03:52 You don't have to do a damn thing to get elected.
10:03:56 That means you have got to get one vote over somebody else.
10:03:59 That's all.
10:04:00 That's all that's required.
10:04:01 And I'm glad it is that way.
10:04:03 Because maybe I couldn't pass a test.
10:04:07 Let me say this.
10:04:09 When you go back, and review all the items -- and let me say
10:04:13 this.
10:04:13 As former chair I signed many items to do different things.
10:04:18 Do I recall every one that I signed?
10:04:20 And it was for staff in some instances.
10:04:22 I don't recall.
10:04:23 But I know I signed it.
10:04:28 The question was asked, who gave the opinion?
10:04:33 I did speak to the mayor personally on this issue.
10:04:35 And I felt I had an obligation to do that when I was
10:04:39 chairman.
10:04:39 And I'll tell you why.
10:04:42 That individual was forthright.
10:04:44 That individual could have said, you know what?
10:04:45 I don't feel good.
10:04:46 I don't want to take a 60 day hiatus and I don't want to
10:04:50 work for 60 dice and I don't want to get paid.
10:04:52 You know what?
10:04:53 When it came more than likely, I would have signed if I had
10:04:56 to, and everyone else that was going to sign would have
10:04:59 signed.
10:04:59 But that individual was right.
10:05:01 Forthright and said the truth.
10:05:04 And sometimes when you say the truth, there's a penalty
10:05:07 attached to that truth.
10:05:08 And that's exactly what happened.
10:05:10 However, that being said, that individual, I assume, the
10:05:15 meeting with HR, and that individual, I assume again -- and
10:05:19 I'm making a lot of assumptions -- was told what the
10:05:22 consequences were.
10:05:25 And that's where we are at today.
10:05:27 So let me also say this.
10:05:30 Back in the 80s, if my memory serves me right, the current
10:05:35 mayor, the aide to the former mayor, Sandy Freedman, when
10:05:43 she asked him to run his campaign, he resigned for that
10:05:47 period of time, or took a leave of absence or whatever it
10:05:50 was.
10:05:50 I don't recall how it was.
10:05:52 But it happened something in that mannerism.
10:05:54 So then we are saying this.
10:05:57 All of us are very privileged to be here.
10:06:02 To serve what we want to do, to make possibly the city a
10:06:05 better place to live.
10:06:07 But in doing that, we have to realize that not everyone has
10:06:11 the same privileges that the city aides do.
10:06:14 You have certain guidelines.
10:06:18 And it's very difficult to get an elected official out of
10:06:22 office.
10:06:22 It's not so difficult to set rules for other people that
10:06:25 work for the city.
10:06:27 So am I privileged?
10:06:29 I'm privileged to serve.
10:06:31 And that's all I want to do.
10:06:32 However, I also understand that there are rules and
10:06:36 regulations that have to govern someone.
10:06:39 Do I agree with all of them?
10:06:41 Absolutely not.
10:06:42 However, I have to loop at the broad picture, the bigger
10:06:46 picture.
10:06:47 It ain't for me.
10:06:48 It ain't for the people that work inform me.
10:06:50 But it's for the betterment of this city.
10:06:52 And it always should be looked at not under a microscope,
10:06:57 but with a wide view lens so that all of us have the same
10:07:02 responsibility.
10:07:03 Thank you very much, Mr. Chairman.
10:07:04 >>FRANK REDDICK: Mrs. Montelione.
10:07:05 >>LISA MONTELIONE: Thank you.
10:07:06 And I will be brief.
10:07:09 When I had also an aide, as Mrs. Crum knows, who went to
10:07:13 work for -- became the regional political director for the
10:07:20 Obama campaign in 2012 and I'm very proud of him.
10:07:23 He was supposed to come back to work, and was offered a job
10:07:28 in Washington, which is where he is today.
10:07:31 And when we inquired, we were told he had to resign, which
10:07:38 he did.
10:07:39 And he left and when he was initially going to come back to
10:07:44 work, he had to go through the process all over again, and
10:07:48 that was background check, even though he was working for
10:07:52 the president, but background check, and the whole nine
10:07:55 yards, which he did, and so I guess I am not sure why we are
10:08:03 even having this discussion, because we were told he had to
10:08:07 resign.
10:08:08 He resigned.
10:08:09 When he was ready to come back, well, he would have come
10:08:13 back if he wasn't offered the other job.
10:08:17 And there was no problem.
10:08:19 So I guess I am not sure why we have a seemingly two
10:08:23 different answers.
10:08:24 >>MIKE SUAREZ: Chair, if I could I would like to answer
10:08:28 that.
10:08:29 Mr. Miranda said something that was very pertinent.
10:08:31 I want to make sure everyone understands this.
10:08:33 It's not about whether or not we want someone to serve and
10:08:36 also serve in a political capacity somewhere else.
10:08:39 The question was, after meeting with HR, the legal
10:08:42 department specifically one attorney made the comment that
10:08:47 you do not have to resign and you could go part time and be
10:08:50 able to do this job.
10:08:52 That is the reason it started down this path.
10:08:54 Now, the legal department is saying that they are wrong
10:08:56 about that.
10:08:57 They are so wrong that they had to go get a legal opinion
10:09:00 outside of the city.
10:09:01 Okay.
10:09:02 So again, what we did was under the guise of our legal
10:09:07 department.
10:09:07 It was not initiated by us, by my office, by anyone here at
10:09:12 City Council, okay?
10:09:14 And I want everyone to realize that.
10:09:16 This began because of a mistake, okay.
10:09:19 And I'm sorry to say that because the person that gave us
10:09:21 the information was totally thinking about it in a way that
10:09:26 I thought was consistent with both the charter and the code
10:09:29 and the manual.
10:09:32 So I want to make sure everyone understands that.
10:09:35 This was not initiated because we wanted someone to both
10:09:37 have their cake and eat it, too.
10:09:43 Mr. Reddick, one last thing.
10:09:44 I do expect that the legal department, when they are here
10:09:47 representing the city, that they are more clear dealing with
10:09:51 the personnel department whenever we have someone make a
10:09:54 comment to us.
10:09:55 We take what the legal department says seriously.
10:09:58 Okay.
10:09:59 And you represent the city.
10:10:01 And I found it very distasteful that weighed to go outside
10:10:06 for the legal opinion when in fact this thing could have
10:10:08 been avoided altogether.
10:10:11 Thank you, chair.
10:10:12 >>FRANK REDDICK: All right.
10:10:13 Anything else, Mrs. Montelione?
10:10:14 >>LISA MONTELIONE: Microphone, I'm sorry.
10:10:19 Thank you for asking.
10:10:22 I wasn't really finished.
10:10:24 So I am really honestly still confused.
10:10:28 For the general public out there, if you decide to leave --
10:10:36 if you decide to work another job, you have to resign.
10:10:40 Is that correct?
10:10:41 >> We do have many employees who have secondary employment
10:10:49 so they don't necessarily have to resign their city job to
10:10:52 have secondary employment.
10:10:54 But typically that secondary employment is part tame.
10:10:57 It's not two full time jobs.
10:11:01 Tip typically but I can't tell you people don't have two
10:11:04 full time jobs.
10:11:05 >>LISA MONTELIONE: So since you can have two jobs, which a
10:11:11 lot of our employees do, and they can each be two full time
10:11:16 jobs, you don't have to resign your position, but as I think
10:11:20 what Mr. Suarez was getting at, it's because of the other
10:11:24 job being a political position and representing some other
10:11:29 interest, some other government interest, that would be the
10:11:33 reason why an individual would have to resign?
10:11:40 >> The short and sweet of it is, my understanding, that's
10:11:45 the question that has been asked and answered, and the way
10:11:49 that we have answered the question consistently.
10:11:54 >>LISA MONTELIONE: Thank you.
10:11:56 Just as a point, do we get opinions from attorneys that we
10:12:00 hire outside for various other reasons?
10:12:03 I mean, I don't find it unusual that we went outside for an
10:12:07 opinion, because I think even -- I don't know, but there
10:12:12 have been contracts that council has approved for attorneys
10:12:15 that are on retainer, so to speak, and I have spoken with a
10:12:19 couple of them on staff when Mr. Shimberg was our city
10:12:23 attorney for environmental reasons.
10:12:25 We had environmental cases for brownfield issues, and I
10:12:30 spoke to one of the outside attorneys just to get
10:12:33 clarification because they are the expert in that field.
10:12:38 >>JULIA MANDELL: City attorney.
10:12:39 We have a variety of outside counsel contracts.
10:12:44 For litigation matters and also for very specialized
10:12:47 expertise.
10:12:50 And Mr. Gonzalez has served as our outside legal authority
10:12:54 on employment matters for many years.
10:12:56 He also handles our labor matters.
10:12:59 He handles both the employment side -- I'm sorry, litigation
10:13:02 side, but also gives direct advice.
10:13:07 And this is approximately a little over a year ago.
10:13:10 So under a year ago.
10:13:12 And so at that time we really did not have the in-house
10:13:16 authority on employment matters, although that is something
10:13:20 we are working towards.
10:13:21 And that is one of the reasons why it was appropriate for us
10:13:24 to ask his opinion.
10:13:25 >>LISA MONTELIONE: Thank you, Mrs. Mandell.
10:13:28 Thank you, Mr. Chairman.
10:13:30 >>FRANK REDDICK: Mrs. Capin, you had a question?
10:13:33 >>YVONNE CAPIN: Yes.
10:13:33 You just stated, Mrs. Crum, that that was your
10:13:36 understanding.
10:13:39 When Councilman Suarez asked you a question.
10:13:43 Is it your understanding or is it a fact?
10:13:46 >> Both my understanding and I believe it to be a fact.
10:13:50 >>YVONNE CAPIN: You believe it to be a fact.
10:13:51 >> Yes.
10:13:55 >>YVONNE CAPIN: Is it a fact?
10:13:56 Is it in the manual?
10:13:58 >> I am not your legal counsel but when you are asking --
10:14:03 >>YVONNE CAPIN: No, but you are HR and this is your
10:14:06 position.
10:14:06 >> Yes, ma'am.
10:14:09 >>YVONNE CAPIN: So when you say you understand, you believe,
10:14:12 is this the answer to the question that Mr. Suarez asked
10:14:16 you?
10:14:16 You said that's my understanding, and I believe -- you need
10:14:20 to -- in my -- for me to be comfortable, you needed to say,
10:14:25 yes, it is in the manual and here is the page and so on.
10:14:28 >> Well, it's not in the personnel manual.
10:14:31 It's part of the city charter.
10:14:35 Yes.
10:14:36 That is the case.
10:14:38 >>JULIA MANDELL: Here is the specific vision in chapter 2
10:14:40 of the ethics code and I don't have that with me but I am
10:14:43 happy to provide it to everyone, describes what political
10:14:47 actions can be done by employees and how that political
10:14:49 activity can be handled.
10:14:51 It is different than a second job under the code.
10:14:53 I believe it's in the charter, in the supplemental
10:14:55 provisions of the charter but I have to go back and look at
10:14:58 that as well.
10:14:59 Certainly if it's in code it's something that could be
10:15:01 revised and through legislative act.
10:15:04 However, before I give you that advice, I would have to go
10:15:08 ahead and check to make sure that there isn't something also
10:15:10 within the charter or state law to that effect.
10:15:15 >>YVONNE CAPIN: The political activity, when you say
10:15:17 political activity, does that include a political job?
10:15:22 >>JULIA MANDELL: Political campaign, I believe what the
10:15:25 term is.
10:15:26 >>YVONNE CAPIN: Thank you.
10:15:27 >>FRANK REDDICK: Let me say this again.
10:15:38 Part A.
10:15:39 You know, if I were sitting home and watching this, I would
10:15:42 be embarrassed.
10:15:45 You have got the legal department.
10:15:46 You have got HR looking at each other.
10:15:53 It seems like you don't have direct communication, you don't
10:15:56 have answers.
10:15:59 All these uncertainties.
10:16:01 And if I'm sitting home and watching this, I would be very
10:16:06 embarrassed.
10:16:09 I would be embarrassed for the legal department.
10:16:11 I would be embarrassed for HR.
10:16:13 I would be embarrassed for the City of Tampa.
10:16:15 Someone is not prepared here.
10:16:19 I mean, you are jest getting all these uncertainties.
10:16:23 And the question I have got to ask, who paid Mr. Gonzalez?
10:16:26 >>JULIA MANDELL: All contracts for all outside legal come
10:16:34 through you.
10:16:36 They are approved like any other contract.
10:16:42 For this particular item or overall?
10:16:45 >>FRANK REDDICK: This particular item.
10:16:47 >>JULIA MANDELL: I would of to go back and review his
10:16:50 bills. We do review all the bills and sign off on them for
10:16:54 legal counsel.
10:16:56 And here a year ago as well.
10:16:59 >>FRANK REDDICK: I think you can understand my colleague's
10:17:01 frustration, and I share his frustration.
10:17:03 That's the reason I want to put it on the agenda.
10:17:05 And that is because if you get opinions from the city legal
10:17:11 department, and this person, this colleague was facing that
10:17:17 decision directly on what she's been told, I don't know if
10:17:24 you all want to hear the truth.
10:17:25 This was all political.
10:17:27 This whole thing was political.
10:17:30 And the reason, let's be real here, the mayor did not
10:17:33 support Charlie Crist.
10:17:37 Everybody knows that.
10:17:38 This whole thing was political.
10:17:42 And that decision was made based on his political decision.
10:17:47 I don't care if you respond or not. This is what happened.
10:17:54 >>JULIA MANDELL: And if there's a question for me to
10:18:02 respond --
10:18:03 >>FRANK REDDICK: You don't have to respond.
10:18:05 This is political activity.
10:18:06 All of this is political.
10:18:07 And those who are in the political arena understand that and
10:18:10 know it.
10:18:13 Now, he made it known that he wasn't supporting Charlie
10:18:16 Crist, and here is a person that was going to be hired to
10:18:22 work for Charlie Crist and he did not have that opportunity.
10:18:24 And the city employees, city administrator, invested that
10:18:32 many years with this city, and that person is denied,
10:18:46 What kind of city is this.
10:18:48 And, you know, I think to my colleagues -- and I don't know
10:18:56 how you all feel, but I think it's time for a charter
10:18:59 amendment.
10:18:59 We need to amend this charter.
10:19:02 Because this foolishness has got to stop.
10:19:05 That's all I want to hear.
10:19:07 Let's go to part A.
10:19:08 >> With due respect to council chair --
10:19:14 >> Is this in reference to part A?
10:19:16 That's all I want to hear.
10:19:17 Part A. Let's go too part A.
10:19:19 >> I appreciate that and I would like to make a comment,
10:19:21 with your permission and your indulgence.
10:19:27 Sir, I would like to make a comment that does not relate to
10:19:31 part A, with your permission and your indulgence.
10:19:35 >>FRANK REDDICK: Well, I just want to hear what you have to
10:19:38 say about part A.
10:19:39 >> Kimberley Crum: All right.
10:19:43 Then I will say it's unfortunate the comments that you have
10:19:51 made rests with no discussion.
10:19:56 I believe your initial questions were about applicant
10:19:59 screening.
10:20:01 And under the law that was passed back in 2011, which you
10:20:07 helped to improve the city's position with regard to
10:20:12 applicant processing by, at that time, we all agreed that we
10:20:20 would make a selection of one for one selection for each and
10:20:23 he have position that we had open, vacancy that we had open,
10:20:27 and it wasn't until the selection point that we were asked
10:20:30 about criminal background.
10:20:32 And we would begin processing the background.
10:20:34 And that is exactly what we do today.
10:20:36 Now, in the State of Florida, municipalities are governed by
10:20:40 statute, statute 112.011.
10:20:46 And basically prohibits the state government as well as
10:20:48 municipalities from denying employes -- employment sole
10:20:54 because of a prior conviction but it does allow that
10:20:57 municipalities can deny employment when the crime is
10:21:03 directly related to the job being sought and you can imagine
10:21:06 that makes common sense that anyone honor is applying for a
10:21:08 position where there's cash involved, you would be very
10:21:11 interested in any correct me if I am wrong involving theft
10:21:13 or cash.
10:21:17 If you are working with children you would be very cautious
10:21:19 about what type of crime an applicant might have committed
10:21:22 in the past.
10:21:24 We are required under that statute to review each individual
10:21:27 case on a case-by-case basis.
10:21:30 And because we have over 700 classifications of work in the
10:21:34 city, some of which work directly with the public, some a
10:21:38 little bit more behind the scenes, some work on equipment
10:21:42 that they are required to drive and others do not and the
10:21:45 like, there are some complexities when we are reviewing
10:21:49 people on a case-by-case basis.
10:21:51 The same standard doesn't necessarily apply across the
10:21:53 board.
10:21:55 Most of our employees do work with the public.
10:21:57 Some work in and around homes.
10:22:02 Some work with children directly.
10:22:03 Some work on small crews where it might just be two people
10:22:06 working together at a time.
10:22:07 And as an employer, like any other employer, we are
10:22:10 obligated to ensure safety of our citizens, of the children
10:22:14 that are entrusted to us, and of our co-workers when we are
10:22:20 working side by side.
10:22:22 So, therefore generally, we do have a number of guidelines
10:22:25 that we use that are not written down in the personnel
10:22:28 manual because with 700, you can imagine that might be
10:22:32 pretty complex.
10:22:33 Looking at each one on a case-by-case basis.
10:22:36 But as a general rule, we do not employ folks with felony
10:22:42 violence in their background.
10:22:43 We shy away from those with sexual offenses.
10:22:46 And any other felonies and misdemeanors.
10:22:50 We look at the period of time that's passed since their
10:22:53 crime.
10:22:53 And we look to see no further issues since that time.
10:22:56 So a period of rehabilitation which is provided for in the
10:22:59 statute so that we can reemploy folks after a period of
10:23:02 time.
10:23:04 And so that is our applicant screening process today.
10:23:09 We have adopted a number of guidelines, as I said, that are
10:23:13 not necessarily found in the personnel manual, but they are
10:23:16 routine, and they have been in place for many, many years.
10:23:21 There has been an additional question about employees and if
10:23:26 they might be treated differently than applicants, and they
10:23:29 absolutely are.
10:23:31 All of the processes that we use for our employees for
10:23:35 civilians in particular, which obviously sworn police and
10:23:40 sworn fire have different protocols.
10:23:42 But for our civilian employees, we are governed by the
10:23:47 bargaining unit agreements we have with the ATU and we are
10:23:53 also governed by the personnel manual and the two of those
10:23:56 match.
10:23:56 They are in lock step.
10:23:57 So that under the discipline administration provision V 28-2
10:24:03 under cost for dismissal it clearly states that crimes of
10:24:07 moral turpitude, felony or first degree misdemeanor, we
10:24:11 immediately take that employee off the job, and they are
10:24:15 given a 60 day leave of absence to determine their guilt or
10:24:19 their innocence.
10:24:20 And there is very clear language about how we determine
10:24:24 that.
10:24:24 And if they are found innocent by a jury trial or if charges
10:24:29 are completely dismissed, without plea bargain, then they
10:24:33 can be reinstated to employment at that time.
10:24:40 There's also a provision under that same V-28-2 that talks
10:24:45 about incompetence which is the failure to disclose an
10:24:47 arrest prior to returning to work for your first day back.
10:24:51 And our employees who are arrested on or off the job, they
10:24:57 are required to give us notice of that prior to returning to
10:24:59 work.
10:25:00 And then we make determination based on their individual
10:25:03 circumstances.
10:25:07 I also wanted to mention there had been, I think, some
10:25:11 discussion in the media about alcohol and the presence of
10:25:14 alcohol and drugs and those types of things.
10:25:16 And so in the personnel manual, in our ATU contract, there's
10:25:23 also discussion about the drug free workplace, and that's
10:25:26 V-33, specifically 33.2.
10:25:28 Anyone using alcohol on duty is immediately dismissed.
10:25:34 Anyone who has alcohol or drug issues on their personal
10:25:38 time, we have an EAP has provisions where each of our
10:25:45 employees on their first drug or alcohol issue outside of
10:25:49 work is mandatorily referred to the EAP for treatment and
10:25:53 they are only returned to work once their issues are taken
10:25:58 care of.
10:25:59 They are monitored.
10:26:02 They are monitored for a significant period of time until
10:26:04 such time as they are released fully.
10:26:07 And I'm hoping that that's helpful in answering some of your
10:26:10 questions.
10:26:13 >>FRANK REDDICK: Any questions by council?
10:26:15 >>MIKE SUAREZ: Chair, if I could.
10:26:17 As part of the manual, do we do periodic motor vehicle
10:26:22 records requests for people that drive regularly for us?
10:26:25 >> Not as part of the manual but we do that under the CVL
10:26:31 program.
10:26:32 We have a number of requirements with regards to our
10:26:34 drivers.
10:26:34 >>MIKE SUAREZ: I mean, you know what I do for a living.
10:26:39 I'm in the insurance business.
10:26:40 Part of what I do on a yearly basis with most client
10:26:42 especially those that have large fleets of vehicles is that
10:26:45 we do pull motor vehicle records specifically to make sure
10:26:48 that they have a safe driving record regardless of whether
10:26:51 or not it was something that happened on the job or off the
10:26:54 job.
10:26:56 So in the manual, it does say that if you had, let's say, a
10:27:01 DUI or, you know, too many points, maybe because of other
10:27:07 issues, do we then go through some kind of process to either
10:27:12 rehabilitate them, or put them into a different job, because
10:27:15 this is what they do in the private sector, or do we have a
10:27:18 process of putting -- to get them fired, to get rid of them?
10:27:26 What is the process in the manual?
10:27:28 >> Crum: I don't know that the process would be that
10:27:33 clearly defined in the manual but it's very clear that if
10:27:35 you no longer have the certification required to complete
10:27:37 your job, let's say you are a CVL truck driver and that's
10:27:41 what you do for a living, you are required to have a CVL and
10:27:46 for whatever reason you lose your certification, then you
10:27:50 must immediately stop driving.
10:27:52 And we attempt to give people time to get their CVL license
10:27:56 back, and if we are able to find a spot for them that's a
10:27:58 nondriving spot while they do that, that's preferable,
10:28:01 certainly.
10:28:02 But it depends on the person's circumstances.
10:28:06 >>MIKE SUAREZ: For example, and I think we will go directly
10:28:08 to the example that was presented as part of this, which is
10:28:14 if someone is employed in a section of the city that does
10:28:19 not require driving, and when they applied it was discovered
10:28:25 that they had some kind of issue regardless of what it might
10:28:29 have been, driving record, where is it in the manual that
10:28:33 says you can be fired from the job because of your previous
10:28:37 driving record?
10:28:37 Because I think that we -- the reason I am asking, Mrs.
10:28:42 Crum, I think we may be in a less tenable position legally
10:28:46 if it is not in the manual in terms of our hiring practices.
10:28:49 That's my own opinion about it.
10:28:52 Having dealt with these issues in the private sector, when
10:28:55 it is not in, let's say, the employment practices liability
10:28:59 portion of your policy that says specifically, because what
10:29:03 we usually do is we get the manual, and usually it is
10:29:06 governing what we are going to cover legally in terms of
10:29:09 paying for an attorney to defend that particular company.
10:29:13 So is it in the manual that says you cannot have a certain
10:29:19 number of points, a DUI or whatever it may be?
10:29:23 Is it in the manual or not?
10:29:24 >> It is not in the manual.
10:29:25 And we are governed by best practice.
10:29:29 Certainly under our contract this is the way the city has
10:29:32 handled the driving record of our employees for many, many
10:29:35 years.
10:29:35 We are fairly consistent.
10:29:37 We are very consistent with those who drive for the city.
10:29:41 To answer your question, it is not in the manual.
10:29:44 >> Don't you think that might be a gap that we need to fill?
10:29:49 It makes sense to me.
10:29:50 Because if someone is being denied employment because they
10:29:53 may drive, but their job description is not necessarily --
10:29:58 they are really not a driver, let say, and they aren't
10:30:01 driving for the city in any capacity.
10:30:03 There's some work comp issues that need to be dealt with,
10:30:06 some other things.
10:30:07 But, I mean, as a legal issue, I think that's a gap that we
10:30:11 probably need to fill if we haven't thought about filling it
10:30:14 before.
10:30:15 And I just want to get your opinion.
10:30:16 I think -- correct me if I am wrong -- you are certified --
10:30:24 >> The society of human resources management, I am
10:30:27 certified.
10:30:27 >> All right, SH-RM.
10:30:33 I'm not sure how you say that.
10:30:34 But you probably should put that in the manual to guard
10:30:39 against any kind of legal repercussions.
10:30:42 Is that correct?
10:30:42 >> I don't know if that's the case because it's something we
10:30:45 are considering obviously because of this discussion that's
10:30:47 being held here, and we'll continue to review that.
10:30:49 >>MIKE SUAREZ: Thank you, chair.
10:30:52 >>FRANK REDDICK: Mrs. Capin?
10:30:56 >>YVONNE CAPIN: And there is the part.
10:30:59 Because it's not in the manual.
10:31:01 It can be subjective, arbitrary.
10:31:05 It can be pulled out.
10:31:06 It can be put back in.
10:31:07 It can be pulled out for two months.
10:31:09 It could be put back in.
10:31:12 It does not -- just because it been this way for years, it's
10:31:16 not been the same for years.
10:31:18 I guarantee you, there are changes that have not -- that are
10:31:22 not in the manual that are proceeds that have not -- that
10:31:25 are not the same.
10:31:26 We don't have a record of that.
10:31:28 We don't have a record of that.
10:31:30 We have you saying yes, this is the way it's been for years.
10:31:35 I would bet -- well, I'm not a betting person.
10:31:41 But that's changed over the years.
10:31:44 Because of the way we operate.
10:31:49 There are different HR people.
10:31:50 We have different mayors.
10:31:52 So when we talk about something that is not in our
10:31:58 procedures, written procedures, that's where I think we have
10:32:02 an issue, and we have a very big issue, and we are putting
10:32:06 our city in jeopardy.
10:32:08 And what we do, at least what I do here, is want to protect
10:32:12 our city from any jeopardy because that's taxpayer money
10:32:17 should we get sued over those practices that are not in the
10:32:22 manual.
10:32:26 Also, on our application for -- did the question even ask on
10:32:35 the application for city employment, where does it say that
10:32:42 it is required to have a driver's license?
10:32:44 >> Crum: I don't believe the application asks if you have
10:32:50 or do not have a driver's license.
10:32:52 But we have city employees who work for us who don't have a
10:32:56 driver's license.
10:32:57 It's not required for every position within the city.
10:33:01 >>YVONNE CAPIN: So it's not even asked.
10:33:03 >> I believe the question is asked.
10:33:05 I don't have an application in front of me but I believe
10:33:08 it's asked do you have a valid driver's license?
10:33:11 I'm confident that it's not required for each and every job
10:33:13 within the city.
10:33:14 We used the same application for no matter what the job.
10:33:23 It's applying for whether or not a driver's license would be
10:33:28 required.
10:33:29 >>YVONNE CAPIN: Again, these procedures that are not written
10:33:42 I think put us in jeopardy, and we need to -- we need to
10:33:45 correct that.
10:33:46 We need to definitely correct that.
10:33:48 >>FRANK REDDICK: Mr. Maniscalco?
10:33:50 >>GUIDO MANISCALCO: Just as an example in this building you
10:33:53 can't smoke and it posted outside "no smoking."
10:33:57 The policy is clear.
10:33:58 But, for example, when it comes to something like this
10:34:00 regarding some of the driving records, any DUI arrests,
10:34:04 anything like that, an unwritten standing policy is
10:34:07 dangerous because as we are to govern in the sunshine,
10:34:12 there's things that happen in the shadows.
10:34:15 So just to keep the city safe, wouldn't it be better to
10:34:19 write this policy down saying anybody, you know, five years
10:34:23 or more with a DUI conviction, or, you know, having or not
10:34:28 having a valid driver's license as it pertains or doesn't
10:34:31 pertain to the job, it's unclear and it's confusing, and I
10:34:34 think that's what some of us are asking, that it be
10:34:37 clarified, you know, to protect the city, to protect us from
10:34:40 a legal point of view so we don't have these questions come
10:34:43 up.
10:34:43 >>JULIA MANDELL: If I could make a brief comment because
10:34:48 there's a lot of legal issues that have come up as part of
10:34:50 this conversation.
10:34:51 I think it's important to remember the status of somebody
10:34:54 who has obtained employment with the city, whether it's in
10:34:59 civil service or non-civil service matter, and who what
10:35:04 their status is, is very different from someone come into
10:35:07 the employment process.
10:35:12 Tampa thing that's important is us acting in a consistent
10:35:17 manner.
10:35:17 And from the legal standard, that's not to say the
10:35:21 practice -- I wouldn't say things in a manual and standard
10:35:27 operating procedure whether or not we should go through a
10:35:29 review of what has been our practice and whether or not
10:35:33 there's some value in creating standard operating procedures
10:35:36 for the hiring process, something that's common sense when
10:35:39 we are reviewing and looking at.
10:35:41 But I want to be clear for the record that there is not
10:35:44 necessarily a legal problem with not having practices
10:35:48 written down so long as we are acting in a consistent
10:35:52 manner.
10:35:53 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
10:35:56 As you all know, I have two other job. One, I work here.
10:35:59 The other I judge horse racing for the State of Florida and
10:36:02 my third job is trying to stay alive.
10:36:05 But when you look at these things, they seem so complex and
10:36:08 so difficult, and there's a reason for a lot of these
10:36:10 things.
10:36:11 In my other second job, I judge horse racing, and the state
10:36:16 went to three-year licensing.
10:36:18 Well, two years ago, you had a three-year license and you
10:36:21 come in and by the way, they don't give you no rebates on
10:36:27 your unused two-year license.
10:36:29 But if you come in and you have a three-year license, you
10:36:33 can have five DUIs, and guess what happens.
10:36:37 Nothing.
10:36:39 Because they don't check them all.
10:36:42 However, if you come from out of state or you have had a
10:36:45 license here for the last 25 years, and I'm just giving
10:36:49 clear examples, choices, actions, and for every action
10:36:55 there's a reaction, so I am explaining the other side of the
10:36:58 coin.
10:36:58 To come here for 25 years and last year you didn't show up,
10:37:01 you wanted to go somewhere else to racehorses but you come
10:37:03 in this year, in 1987 or 1985 you had a DUI, guess what
10:37:11 happens.
10:37:12 They don't give you a license.
10:37:15 Until they check happened in that DUI back in 1987.
10:37:20 And they have between 10 and 90 days to investigate.
10:37:28 There's only one problem with that.
10:37:31 The meet is only 91 days.
10:37:35 So you have to kind of expedite these things to get things
10:37:39 clear so that individual in 1987 did something, paid the
10:37:42 cost, has been a clean record but the state doesn't know all
10:37:46 of that.
10:37:47 So you can have a thee year license, commit multiple
10:37:50 infractions, come in, nothing.
10:37:55 You have a three-year license.
10:37:59 And you don't have a clean record.
10:38:02 So the world is not perfect.
10:38:05 I'm not perfect.
10:38:06 And I don't want to be perfect.
10:38:07 That's a dull life being perfect.
10:38:10 And what I'm saying is that there's rules and regulations.
10:38:14 I said it earlier, whether I like them or not, that's for
10:38:17 the betterment of everyone in society.
10:38:20 And that's why we have them.
10:38:23 I'm going to tell you another thing and it has nothing to do
10:38:26 with this.
10:38:26 But the other day got a ticket.
10:38:34 I didn't pay attention.
10:38:35 I pocketed it and got another ticket.
10:38:38 It said expired tag.
10:38:40 I didn't have an expired tag.
10:38:42 I remember paying for all three of them.
10:38:44 I don't keep no records.
10:38:45 I throw everything away.
10:38:47 Guess what.
10:38:47 I found the record.
10:38:48 I found where I bought my tag.
10:38:51 I found the little number G 47, whatever it was when I was
10:38:54 in line, and Mr. Bell runs a great office.
10:39:01 So there's a hearing on July 15th.
10:39:04 I'm coming to the hearing.
10:39:06 And then I find out from casualties just watching the other
10:39:11 day, watching where sheriff Nocco in Pasco County had 243
10:39:17 tags and little stickers taken off the tags.
10:39:21 How about that?
10:39:23 I must have been the first one in the City of Tampa.
10:39:25 But I'm coming to my own hearing.
10:39:28 And I don't know if we have the right in the parking
10:39:31 department even to do that.
10:39:32 I don't know if we have the police department can tell you
10:39:36 if you have a license that's paid up or not paid up.
10:39:39 I went down and got me another license.
10:39:41 But those are things that happened.
10:39:43 Am I going to change something because it happened to me?
10:39:45 Absolutely not.
10:39:46 That's all.
10:39:46 Thank you.
10:39:49 >>FRANK REDDICK: All right.
10:39:50 One final question.
10:39:53 How many people have been denied employment based on this
10:39:58 unwritten rule?
10:40:02 >> I don't know the answer to that question, sir.
10:40:05 >>FRANK REDDICK: Could you guess, 10, 15, 20?
10:40:07 >> I really can't guess.
10:40:10 My sense is the number of people that we process for
10:40:14 employment, it's a fairly small number that we deny.
10:40:21 >>FRANK REDDICK: All right.
10:40:21 Could you research that information?
10:40:24 >> And the request is how many people within the last year?
10:40:28 >>FRANK REDDICK: Two years.
10:40:29 >> Two years have been denied employment because of driving
10:40:33 records?
10:40:34 >>FRANK REDDICK: Based on the unwritten policy.
10:40:36 >> Okay.
10:40:44 >>FRANK REDDICK: I'm just making a request for information.
10:40:46 Anything else?
10:40:51 All right of the thank you.
10:40:54 We go to number 6.
10:41:17 What I was going to ask you is how much time would you need
10:41:20 if I were to put it in a motion to research the timeline for
10:41:27 establishing a resolution to be on the referendum for 2016?
10:41:35 >>MARTIN SHELBY: To have an ordinance prepared for City
10:41:36 Council?
10:41:39 >>FRANK REDDICK: To amend the charter.
10:41:41 What would it take, the timeline?
10:41:42 I know you have to have certain things in place in order
10:41:46 to --
10:41:48 >>MARTIN SHELBY: It would be the 2016.
10:41:51 >>FRANK REDDICK: Correct.
10:41:52 >>MARTIN SHELBY: I can work with the legal department to do
10:41:56 that.
10:41:56 The question is in terms of the ordinance.
10:41:59 >>FRANK REDDICK: Not speaking of the timeline.
10:42:01 Just want to know the timeline.
10:42:04 >>MARTIN SHELBY: I see.
10:42:06 The next regular meeting.
10:42:08 >>FRANK REDDICK: And then I will make that motion.
10:42:14 >>JULIA MANDELL: Julia Cole, city attorney.
10:42:21 I forgot my name.
10:42:22 Julia Mandell, city attorney.
10:42:24 I want to make sure what your request is whether it's a
10:42:27 motion of council for an individual request of Mr. Reddick.
10:42:31 Is it something you plan to bring back on the agenda or just
10:42:34 a request of your office?
10:42:41 There's no motion of council.
10:42:42 That's why I want to make sure we are clear for the record.
10:42:48 >>FRANK REDDICK: For information.
10:42:49 >>MARTIN SHELBY: I thought it was your intent to make the
10:42:52 motion.
10:42:52 >>HARRY COHEN: I am going to take the gavel and Mr. Reddick
10:42:56 is going to make his motion.
10:42:57 >>FRANK REDDICK: I am going to make a motion that our
10:43:00 attorney report back to council on just the timeline for the
10:43:09 resolution that can be put forth for a charter amendment,
10:43:12 for a referendum in 2016.
10:43:16 That's all you are doing is a timeline.
10:43:19 All I want is a timeline.
10:43:20 >>MARTIN SHELBY: Would you use the word ordinance instead
10:43:23 of resolution?
10:43:25 >>FRANK REDDICK: Or ordinance.
10:43:26 >>CHARLIE MIRANDA: I will second it but clearly I am going
10:43:31 to second it for the timeline.
10:43:33 That doesn't mean I am going to vote at the time it comes
10:43:35 for whatever the motion may be at that time.
10:43:38 I want to clarify that.
10:43:39 >>MARTIN SHELBY: And Mr. Reddick.
10:43:42 >>HARRY COHEN: And Mr. Reddick, would this be under staff
10:43:45 reports?
10:43:47 >> yes.
10:43:48 >>HARRY COHEN: Is there discussion on that motion that's
10:43:50 now been made and seconded?
10:43:51 I don't see any.
10:43:52 All those --
10:43:57 >>LISA MONTELIONE: I was going to ask for the floor after
10:43:59 the vote is taken but I can make this statement now, as Mr.
10:44:04 Miranda has said, I will as well vote for this motion in
10:44:10 order to get the timeline, but Mr. Shelby and I have been
10:44:13 discussing potential charter amendment for some months now,
10:44:17 and I haven't brought the request for the legal department
10:44:24 to weigh in on it.
10:44:26 Mr. Snelling, pointing in his direction, I have not asked
10:44:31 the legal department to research the amendment item for the
10:44:37 charter because I was waiting for us to have our workshop
10:44:42 session where we were supposed to have it in August, just to
10:44:47 talk about council's rules and procedures, and direction, so
10:44:52 we were supposed to have some kind of session, a charrette,
10:44:59 whatever you want to call it, a seminar, to discuss these
10:45:03 types of items.
10:45:07 You know, I think that we all should have the benefit of
10:45:10 discussing these matters before taking action and moving
10:45:15 something forward as a charter amendment.
10:45:17 So I will vote for this, as Mr. Miranda has seconded the
10:45:21 motion to get the timeline, but after that I don't feel that
10:45:26 the time is now to talk about charter amendments.
10:45:28 I think we should --
10:45:32 >>FRANK REDDICK: Well, let me respond.
10:45:33 Let me make the this motion clear.
10:45:36 I haven't said anything about putting an ordinance or what
10:45:40 the specific ordinance would be.
10:45:41 I just stated the timeline.
10:45:43 Now, what we have, whatever session we are going to have, a
10:45:50 tame to discuss it, and based on the discussion we are going
10:45:53 to have the this morning, I know damn well we need to do it,
10:45:57 and that's the reason why I want to move forward with this.
10:46:00 All I want to know is the timeline because I know we have
10:46:05 timeline in order to get an amendment.
10:46:08 That's all I am looking at.
10:46:10 Whether we even go forward.
10:46:13 All I'm saying is give me a timeline.
10:46:15 And that's the motion.
10:46:15 >>HARRY COHEN: Further discussion, Councilman Capin.
10:46:19 >>YVONNE CAPIN: As far as it being discussed at a council
10:46:24 retreat or whatever, that's why we are here.
10:46:26 We are in the sunshine.
10:46:27 That meeting will be in the sunshine.
10:46:30 Everything -- so if we discuss it here or we discuss it
10:46:34 there, it's discussed.
10:46:41 So the point is, in my opinion, it is very much very
10:46:50 important that the public hear and it is in the sunshine.
10:46:55 Either way it going to be discussed in the sunshine.
10:46:56 So here, there, anywhere we discuss, it in the sunshine.
10:47:02 So I agree with the motion as made and seconded.
10:47:11 >>LISA MONTELIONE: I wasn't suggesting that the meeting,
10:47:16 charrette, whatever, is not in the sunshine.
10:47:18 I was suggesting that there are a number of issues that
10:47:20 council needs to deal with, and if you after we get the
10:47:26 timeline back, Mr. Reddick, if you want to set a workshop,
10:47:30 have it right hear at council on a regular Thursday, that's
10:47:32 fine with me.
10:47:33 I'm just saying that we should talk about all of these
10:47:35 things together at once, because we don't want to have the
10:47:38 potential for a number of charter amendments being presented
10:47:42 to the voters at the same time.
10:47:45 So I think that we should have a discussion of all of our
10:47:49 ideas and not take up one issue, and that be the end of, you
10:47:55 know, whatever charter discussion we are going to have.
10:47:59 >>FRANK REDDICK: And I think, Mr. Chairman, we are close to
10:48:01 finalizing that session that we have.
10:48:05 >>MARTIN SHELBY: Yes, council.
10:48:07 If you would like, Mr. Chairman, I will bring it up under
10:48:09 new business as a potential date.
10:48:11 Maybe you can set your calendars.
10:48:13 Perhaps the afternoon of July 30th.
10:48:18 >>HARRY COHEN: We'll talk about that under new business.
10:48:22 We have a motion on the floor that is duly seconded.
10:48:25 I don't think there is any more discussion.
10:48:26 All those in favor of that staff report on July 16th,
10:48:29 please indicate by saying aye.
10:48:32 Opposed?
10:48:33 All right.
10:48:33 So we will continue that discussion then.
10:48:37 >>FRANK REDDICK: What's next?
10:48:39 Sorry to put you on hold.
10:48:41 >>THOM SNELLING: That's okay.
10:48:43 Thom Snelling, planning development director, here for item
10:48:46 number 6 which is the biannual update on what's going on
10:48:50 with our homelessness effort.
10:48:52 I'm doing something a little different this time, and I
10:48:56 invited Annette trip let, the chief executive officer.
10:49:01 Yes, Chief executive officer for the Tampa Hillsborough
10:49:05 homelessness initiative which we have been very active and
10:49:08 very engaged in, as you see from some of our previous
10:49:12 reports.
10:49:13 She's really going to let you know what we have working on
10:49:16 because we have become very engaged as our primariest and
10:49:20 the primary initiative on homelessness, to work through the
10:49:24 Tampa Hillsborough homelessness initiative because it really
10:49:27 does allow us to partner with all of the analysis that are
10:49:29 out there including Hillsborough County and the other
10:49:31 agencies, and to leverage the funding that we have so
10:49:37 everybody is moving in the same direction.
10:49:38 So --
10:49:40 >>HARRY COHEN: Before you do that, Councilwoman Montelione
10:49:42 has a question.
10:49:43 >>LISA MONTELIONE: I'm just curious.
10:49:45 Who is the person from the City of Tampa who is a board
10:49:48 member? You are.
10:49:52 Are there any elected officials on that board?
10:49:58 And that's the reason I am asking the question.
10:50:00 I feel that as a city, there are members of council who have
10:50:04 a great interest in this subject and I think I brought it up
10:50:08 once before a long time ago, and I don't believe anyone has
10:50:13 gotten back to council, so I guess I will make it in the
10:50:17 form of a motion then so that it comes back to council.
10:50:20 I would like to have the legal department and Mr. Snelling
10:50:26 as the director to bring back a report on the bylaws of the
10:50:34 Tampa Hillsborough homeless initiative to establish whether
10:50:37 or not an elected official can be appointed from the City
10:50:43 Council to sit on the board of the Tampa Hillsborough
10:50:49 homeless initiative.
10:50:50 >> When would you like that report back?
10:50:54 >>LISA MONTELIONE: So let's make that under staff reports
10:51:01 at 9:00 a.m. on August 27th?
10:51:10 >>THOM SNELLING: We'll look at the bylaws.
10:51:12 But I just have to look at them to see how the board itself
10:51:17 beings the Board of Directors, would handle that.
10:51:18 >>LISA MONTELIONE: Because some originals specify -- I
10:51:22 mean --
10:51:25 >>THOM SNELLING: There's --
10:51:28 >>HARRY COHEN: That's a motion on the floor that's been
10:51:30 duly seconded.
10:51:30 Unless there is further discussion let's go ahead and vote
10:51:32 on that motion.
10:51:33 All those in favor of the staff report on August 27th at
10:51:37 9:00 a.m. please indicate by saying aye.
10:51:40 Opposed?
10:51:41 All right.
10:51:43 Go ahead.
10:51:48 >>THOM SNELLING: Then Antoinette will give you the report
10:51:49 for this half a year.
10:51:52 And I will be back to talk.
10:51:54 >> Good morning.
10:51:57 I'm Antoinette Triplett, the chief executive officer for the
10:52:01 Tampa Hillsborough homeless initiative.
10:52:03 the purpose of the Tampa Hillsborough homeless initiative
10:52:06 also known as THHI is to be the lead entity on issues of
10:52:11 homelessness for the City of Tampa and Hillsborough County.
10:52:15 THHI was designated as the lead entity by community, by
10:52:20 state.
10:52:23 Our role is to bring together partners throughout the
10:52:25 community in order to address the issue of homelessness,
10:52:30 develop a strategic plan to reduce homelessness, and when
10:52:33 possible end homelessness or make it rare and short term for
10:52:38 individuals that experience homelessness.
10:52:42 As Mr. Snelling indicated, THHI has an amazing relationship
10:52:46 with than the city, and with the county, and other providers
10:52:50 throughout the community.
10:52:51 Political will, in my opinion, is exactly what's needed in
10:52:54 order to reduce homelessness in Hillsborough County and the
10:52:58 City of Tampa.
10:53:00 I arrived about ten months ago, a colleague of mine, and I
10:53:03 arrived to Tampa about ten months ago to oversee the Tampa
10:53:07 Hillsborough homeless initiative.
10:53:09 We are in the process of developing a five-year strategic
10:53:12 plan.
10:53:12 We made it to the issue of homelessness.
10:53:15 Some of the other things that we have done in the short time
10:53:18 that we have been here, we have conducted Operation
10:53:22 Reveille, which is part of the national -- a concept that
10:53:28 was known in St. Louis.
10:53:31 It is part of the national response to end veteran
10:53:34 homelessness by 2015.
10:53:37 I'm a vet myself.
10:53:38 I'm passionate about the issue of ending homelessness for
10:53:41 veterans in Hillsborough County.
10:53:43 During the last time count we had a slight decrease in the
10:53:49 number of people experiencing homelessness, approximately
10:53:53 .7%.
10:53:55 However, we had a huge decrease in the number of people
10:53:58 sleeping on our streets in our community.
10:54:01 We had a 31% decrease in the number of homeless persons
10:54:05 sleeping on the street, and this is a result of all of the
10:54:08 collaboration and the new resources that have come aboard
10:54:12 over the last year.
10:54:13 This includes federal resources as well as state, local
10:54:18 resources and private resources.
10:54:21 The most significant report that I have regarding homeless
10:54:27 point in time count, we had over 350 community assistants
10:54:36 take part in the count, started at 5:30, in the morning,
10:54:41 ended at 9 p.m., and our goal was to count as many people on
10:54:44 the streets, in emergency shelters, soup kitchens,
10:54:48 et cetera.
10:54:51 Additionally, other initiatives that we have started since
10:54:56 relocating to Tampa as the community housing solution center
10:55:01 that was a concept that we also brought with us but had not
10:55:05 implemented in St. Louis.
10:55:06 The purpose of the community housing solution center is to
10:55:09 reduce some of the barriers that are required in some of the
10:55:14 existing facility.
10:55:15 The community health center is funded completely by the
10:55:19 county, and it is operated by DACO.
10:55:24 There are 75 beds at the community housing solution center.
10:55:29 People that reside in the community housing solution center
10:55:32 are not required to leave the facility at a certain tame of
10:55:34 day.
10:55:36 They are also connected with wrap around services on-site.
10:55:39 And the curfew for returning to the community housing
10:55:43 solution center is less restrictive than many of the other
10:55:46 shelters and has been a haven for many people that
10:55:49 experience homelessness
10:55:51 As you may recall, the national story regarding the
10:55:55 gentleman that TPD assisted with relocating his ID, and his
10:56:02 identification that was stolen from him when he became
10:56:06 homeless, and they then they found a bank account that had a
10:56:09 lot of money.
10:56:10 He was residing at community housing solutions center.
10:56:13 So TPD as well as the Sheriff's Department are aware of the
10:56:18 community housing solution center, and routinely involved in
10:56:22 assisting us with relocating people from the streets to the
10:56:27 community housing solutions center and other programs
10:56:29 throughout the community.
10:56:31 My goal is to have many community housing solution centers,
10:56:35 approximately 3 or 4 scattered throughout the county.
10:56:42 It is a low barrier facility meaning people do not have to
10:56:45 have documentation that bars them from seeking services,
10:56:50 that the facility will be an inviting facility.
10:56:52 If you have not had a tour, I will be glad to personally
10:56:55 take you on the tour of the community housing solution
10:56:57 center in the near future.
10:57:02 What we are currently doing now is establishing where people
10:57:05 become homeless, where people live before they become
10:57:10 homeless so we can seek the services that they need before
10:57:13 they end up on the street.
10:57:14 It's less expensive to keep someone housed or to rapidly
10:57:19 rehouse someone than for them to slope on the street here in
10:57:22 Tampa or Hillsborough County.
10:57:24 Our focus is to make sure that our efforts are data driven
10:57:28 so we are in the process of collecting a lat of data
10:57:30 regarding where people -- a lot of data where people become
10:57:35 homeless.
10:57:36 The most recent point in time count, there were 1931 people
10:57:42 experiencing homelessness.
10:57:43 The previous year was 1944.
10:57:47 Additionally, we are engaging in working with private
10:57:51 entities.
10:57:54 We have a major relationship that we developed with the
10:57:57 Humana.
10:57:58 Also with PAC bank.
10:58:02 Humana participated in the point in time count and had over
10:58:05 80 volunteers to help us with the point in time count.
10:58:08 They have also made a monetary contribution.
10:58:14 I am going to tell you a little bit about Operation
10:58:17 Reveille.
10:58:19 There is a youtube video that was done by the city regarding
10:58:24 Operation Reveille, about a ten minute video.
10:58:26 Operation Reveille was conducted in order to end
10:58:31 homelessness for many of our vets.
10:58:34 And what they find, Operation Reveille housed 53 veterans in
10:58:40 their own apartments, fully furnished, fully furnished with
10:58:43 the assistance.
10:58:49 There were over 50 vendors at the location which was Port
10:58:54 Tampa Bay and over 350 volunteers.
10:58:57 On the day of Operation Reveille, the homelessness vet would
10:59:02 come in that day and by the end of the day about 4:30 they
10:59:05 would exit with keys to their apartment and connected to
10:59:07 wrap around services.
10:59:09 Our plan is to do Operation Reveille again for 2015 on
10:59:13 veterans day, and March toward the goal of ending that
10:59:18 homelessness in Hillsborough County in the City of Tampa.
10:59:23 The last thing I wanted to mention is we are in the process
10:59:25 of developing also an initial initiative called taking it to
10:59:29 the street, where volunteers will engage with people that
10:59:31 are experiencing homelessness, and also local businesses to
10:59:35 let everyone know what services are available for people
10:59:38 experiencing homelessness, or if someone needs to refer
10:59:41 someone to services.
10:59:43 We are working in conjunction with the county to develop a
10:59:46 map so that if you are out you can pull it up on your phone,
10:59:51 click a couple of butt tons and refer someone to available
10:59:53 services.
10:59:58 Any questions?
10:59:58 >>LISA MONTELIONE: I have a suggestion.
11:00:04 When I was at a Board of Directors meeting yesterday
11:00:06 afternoon for the innovation alliance, there was a speaker
11:00:10 there, Mrs. Willingham, who won for a Hillsborough event,
11:00:20 and if there's innovation alliance is sponsoring the next
11:00:29 event.
11:00:30 This one is already full.
11:00:32 Sponsoring the one in 2016.
11:00:34 I know that's a little bit long, but there may be other
11:00:36 resources that Mrs. Willingham and I can put you in touch
11:00:41 with.
11:00:41 And you can possibly get that free by holding one of these
11:00:47 events.
11:00:49 >>FRANK REDDICK: Any other questions by council?
11:00:51 All right.
11:00:51 Thank you.
11:00:59 >>THOM SNELLING: Thank you, council.
11:01:00 The only other thing I wanted to mention is that we still
11:01:02 have substantial amount, approximately $1.2 million of other
11:01:08 funding going to a number of rapidly housing emergency
11:01:12 solutions grants and some more traditional as well as
11:01:14 general fund money going in to support the homelessness
11:01:17 initiative.
11:01:18 But we have our action plan opening tonight, and until then
11:01:25 when it actually done and approved and forwarded from
11:01:28 council to HUD, those numbers won't be firm and quite real.
11:01:35 But I did want to let you know that is still happening.
11:01:37 And as soon as that happens, as soon as those numbers are
11:01:41 firm I can provide you with that information as well.
11:01:43 >>FRANK REDDICK: Thank you.
11:01:44 All right.
11:01:45 Item number 7.
11:01:55 >> Jean Duncan with transportation and storm water services.
11:02:08 Bringing forth some materials regarding bicycle and driver
11:02:11 safety and rules of the road.
11:02:14 Debby Harrington is with me today, our city traffic
11:02:17 engineer, and she's going to provide some packets to you
11:02:20 that we put together.
11:02:21 Good news, there is abundance of information out there
11:02:24 that's available.
11:02:25 The Department of Transportation has made a very significant
11:02:28 investment in a variety of public outreach items to try to
11:02:34 improve knowledge of our bicyclists and our pedestrians and
11:02:38 our motorists on better safety on the roadways.
11:02:44 So let Debby hand out those packets to you and I can just
11:02:48 share a little bit of the content of those packets.
11:02:51 And also let you know that it's easy for any of our
11:02:58 residents to go on our city website, Tampa Police Department
11:03:01 website, the Department of Transportation website, the
11:03:05 metropolitan planning agency, any number of roads and it
11:03:10 will be very much populated with good links to websites that
11:03:13 have a lot of good information for people to read up on it
11:03:16 if they are interested in getting more information for
11:03:18 themselves or what they can do to understand ruse of the
11:03:23 road a little better.
11:03:25 >>FRANK REDDICK: We have Mr. Cohen.
11:03:25 >>HARRY COHEN: Thank you so much, Mrs. Duncan.
11:03:29 I just want to interrupt briefly.
11:03:32 Because I had originally made the motion to ask for this,
11:03:35 and I wanted for the benefit of the public to put it into
11:03:39 context why I brought this up.
11:03:41 And I know it's a particular passion of Councilwoman
11:03:44 Montelione as she chaired livable roadways committee of the
11:03:48 MPO.
11:03:51 I went to a neighborhood association recently where D.O.T.
11:03:55 gave everyone a quiz, and asked them different questions
11:04:01 regarding the rules of the road, and how pedestrians,
11:04:04 bicycles, and automobiles should be interacting.
11:04:07 And for the most part, there were probably 30 or 40 of us
11:04:12 there and represent add pretty good cross section.
11:04:15 We really didn't know the rules very well.
11:04:17 And people expressed a lot of bewilderment and questions
11:04:21 when they found out what the rules actually are.
11:04:25 In addition to that, with some of the changes that we have
11:04:27 made, on Platt Street and other areas where we have added
11:04:32 bicycle lanes, a lot of people have said, you know, their
11:04:37 concern is that people don't know when they are driving, or
11:04:40 in some cases when they are on a bike, who actually has the
11:04:44 right-of-way as they are making a turn, what the protocols
11:04:48 are and how these different pedestrians, bicyclists and
11:04:52 drivers are interacting with one another.
11:04:55 That was really the reason that we asked you to come today
11:04:57 is to find ways to get this information out there into the
11:05:02 hands of people that need to be thinking about it every day.
11:05:05 >> I'll try to focus on that particular item.
11:05:10 I did want to mention in your packet there are two DVDs that
11:05:14 we are going to make sure they are on the police department
11:05:17 website and transportation website that has interactive
11:05:21 information on that particular subject matter.
11:05:23 We also had a couple of discussions with TPD, officer risen,
11:05:32 I don't know if he's with us today, but the police
11:05:34 department went back and looked at all the warnings that
11:05:36 they had issued on Platt Street in particular for a number
11:05:39 of months now since that new pavement section came along.
11:05:44 They have been going out and giving warnings to folks and
11:05:46 using it as an education opportunity to get them more
11:05:50 information on what their infraction was, how to educate
11:05:54 them more about that particular item, and they have some
11:05:58 statistics on how those citations have dropped off
11:06:01 significantly, and they are seeing those particular uses of
11:06:04 Platt Street are learning, to understand better the new
11:06:09 treatments that we have out there on Platt Street.
11:06:11 I did just want to mention one new thing that's very eye
11:06:14 catching, and maybe is intended to be a benefit and safety
11:06:18 enhancement, but maybe it's causing a little bit of
11:06:21 confusion, and that's the green quote-unquote paint that's
11:06:24 out there.
11:06:25 Actually that paint is -- this is a sample of it.
11:06:29 It's a quarter inch thick.
11:06:30 It's a thermal plastic product that's put out, rather
11:06:34 expensive to put down, but it's very durable so it lasts.
11:06:39 And I have got -- this is in your packet and the Power Point
11:06:43 we put together which will be on our city website.
11:06:45 But I wanted to show a photo of this on the Elmo and tell
11:06:50 you just a little bit about this one, in particular, a
11:06:53 pavement treatment that may be one of those things that's
11:06:55 causing some confusion.
11:07:08 We have three segments, about 100-foot segment.
11:07:11 We got permission from the federal highway administration to
11:07:14 use this product.
11:07:15 It's still what they consider somewhat of a testing stage,
11:07:20 even though they are approving it to go on roadways, and I
11:07:22 know some of you have seen in the other cities and you have
11:07:25 brought that information back to us so we wanted to explore
11:07:27 that they use in the Pittsburgh.
11:07:30 I think Councilwoman Capin saw it elsewhere as well.
11:07:33 It's the green pavement.
11:07:37 I just want to mention this is one of those items that's
11:07:40 causing some confusion on Platt.
11:07:41 This is actually what we call a conflict zone marking.
11:07:45 And the purpose of this is actually to draw attention to
11:07:52 these locations.
11:07:53 I think one of the big troubling spots on Platt is when you
11:07:56 have a bicycle traveling in the bike lay and wanting to make
11:08:00 a right turn.
11:08:01 So these green treatments are placed out there to add some
11:08:03 enhancement to those conflict areas where bicyclists and
11:08:07 vehicles are having to negotiate in the same space for
11:08:11 different movements they want to make.
11:08:13 So the green that you see on the screen there is to draw
11:08:16 attention to those areas.
11:08:18 The other thing that I want to point out is when you have
11:08:21 the solid lines that's discouraging any crossing of that
11:08:25 space, when you have the dashed lines, if you go look,
11:08:30 dashed lines are appearing prior to any major driveway or
11:08:33 intersection, and that's supposed to be informing the
11:08:36 bicyclist and the motorist that that's a point of transition
11:08:40 within that space.
11:08:43 I did want to bring up that one particular item that may be
11:08:47 something that folks on Platt are maybe having a little bit
11:08:50 of confusion about.
11:08:51 Just generally speaking, there is a lot of interest in the
11:08:57 Department of Transportation two years ago, they formed a
11:08:59 bicycle and pedestrian coalition state wide, and the
11:09:04 department of motor vehicles is part of this coalition, and
11:09:06 they are looking to add more information into the licensing
11:09:11 aspect of things.
11:09:12 So when students are learning about traveling on the road,
11:09:16 becoming a driver, that they are learning about these paving
11:09:20 treatment, and rules of the road, like you mentioned,
11:09:23 Councilman Cohen, educating our younger drivers on those
11:09:27 rules at that early stage so when they become a driver they
11:09:30 are aware of more pedestrians, more bicyclists, and what
11:09:34 those rules are for making turns and, you know,
11:09:38 accommodating bicyclists while they are driving.
11:09:40 So maybe just open it back to you all if you want to ask
11:09:45 something in particular.
11:09:46 But this package you have are very thorough.
11:09:48 A lot of this will be on our website.
11:09:50 I would be glad to, you know, answer something more specific
11:09:54 if you have something that I haven't mentioned.
11:09:58 But the good news as I said, there's a lot of information
11:10:01 out there if people are interested they can certainly find
11:10:04 the answer to their questions.
11:10:06 >>FRANK REDDICK: Questions by council?
11:10:09 I think we got enough information in that package that will
11:10:12 help us out.
11:10:15 If there's no questions, we thank you.
11:10:20 We go to item number 8.
11:10:21 >>JULIA MANDELL: City attorney.
11:10:26 You have before you two ordinances which are placed on your
11:10:31 agenda for first reading.
11:10:33 Which if adopted after a second reading and public hearing
11:10:39 would have the effect -- I'm sorry, would have the effect of
11:10:46 removing from our code and repealing the ordinances on the
11:10:51 book which relate directly to solicitation within the
11:10:53 right-of-way.
11:10:56 As you are all aware, there is currently litigation which
11:10:59 has been brought in federal court against the City of Tampa
11:11:02 regarding these two ordinances, and some additional
11:11:06 ordinances which we will not be discussing.
11:11:09 I want to make it very clear for the record and also for
11:11:13 City Council that this would not have the effect of settling
11:11:16 that litigation but if you in fact take this action after
11:11:19 second reading, it is the opinion of the city attorney's
11:11:22 office that this would have the effect of curbing litigation
11:11:27 expenses.
11:11:27 The reason for moving forward in this manner is that these
11:11:32 ordinances were put in place in 2011.
11:11:35 Since 2013 there has been what I can only call a flurry of
11:11:40 case law directly on this matter.
11:11:42 More case law has come out since 2013 than the ten years
11:11:46 prior to it.
11:11:48 So by taking this action, it would allow us to both curb
11:11:53 litigation expenses, potentially curb litigation expenses in
11:11:58 the pending litigation, as well as offer City Council the
11:12:00 opportunity if it so chooses at some point in the future to
11:12:03 revisit the notion of regulating solicitation in the
11:12:08 right-of-way in a manner which would take into consideration
11:12:11 this case law that's more recently come out.
11:12:15 By City Council taking this action, after second reading,
11:12:18 what would occur is you would no longer have a solicitation
11:12:21 in the right-of-way ordinance on the books, and so by
11:12:24 operation of law, the City of Tampa would fall under
11:12:28 Hillsborough County regulations.
11:12:30 I just passed out to you a copy of the Hillsborough County
11:12:33 regulation which exists on the books today regarding
11:12:36 solicitation in the right-of-way.
11:12:39 It is what we would consider a total ban on solicitation in
11:12:42 the right-of-way, and it is described within the travel
11:12:45 portion of the roadway where cars are actually traveling as
11:12:50 well as four feet from that area.
11:12:56 That particular ordinance has been upheld by courts in 1991,
11:13:00 and been on the books for quite some time, and was used as a
11:13:04 case law cite in a case which came out in the city of
11:13:08 St. Pete a few years ago.
11:13:12 Therefore it is our opinion that is a legal sustainable
11:13:14 ordinance.
11:13:15 And as I have indicated there's nothing in this particular
11:13:17 action which precludes us from revisiting this issue at some
11:13:20 point in the future in light of Tampa case law which has
11:13:24 recently come out.
11:13:25 Certainly we couldn't readopt it back to what we had, and be
11:13:29 in a position of curbing litigation expenses.
11:13:31 I would remained you again we are in litigation in this
11:13:34 matter and would request that any comments that you make are
11:13:38 not either directly related to the closed session which
11:13:41 occurred in a manner consistent with Florida law or which
11:13:45 would be comments which could be part of the litigation.
11:13:49 Thank you.
11:13:51 >>FRANK REDDICK: All right.
11:13:51 Comments, Mr. Miranda?
11:13:53 >>CHARLIE MIRANDA: Are we prepared to read the ordinance?
11:13:56 >>FRANK REDDICK: Do we have to take public comments?
11:13:58 >>MARTIN SHELBY: Mr. Chairman, you had discussed that when
11:14:02 you had set this.
11:14:03 And if council wishes to open it up for public comment
11:14:08 before you take action, this could be council's choice.
11:14:13 >>FRANK REDDICK: All right.
11:14:13 >>JULIA MANDELL: I should say for the record there will be
11:14:17 an opportunity for this to be as a public hearing at second
11:14:21 reading as well.
11:14:22 Thank you.
11:14:26 >>FRANK REDDICK: What do you want to speak on?
11:14:31 Come to the microphone.
11:14:32 >> I want to speak on this item agenda.
11:14:35 My name is Derek Chamblee, Homeless Network at large.
11:14:41 Google D-E-R-E-K, C-H-A-M-B-L-E-E.
11:14:47 I have been before you many times in the last going onto 16
11:14:53 years speaking to the mayors -- police department, police
11:14:59 chief and the City Councils.
11:15:02 Before you pass these ordinances, which I have told you over
11:15:06 and over, the lawyers out here, the legal foundation, we
11:15:12 believe that they are unconstitutional.
11:15:19 Don't pass it.
11:15:20 Yet we still, both the Tampa City Council and the
11:15:22 St. Petersburg City Council, pass these ordinances, and when
11:15:29 arrests are made out there on primarily the poor and the
11:15:34 homeless and people that are looking for work, perhaps even
11:15:39 attempting to advertise for business, hold commercial signs
11:15:48 as well as my own signs, and arrests and threats of arrests
11:15:54 have cascaded upon us as we have been arrested and we have
11:15:58 gone to jail under the charges of these solicitation
11:16:04 ordinances.
11:16:08 The charges make -- before we enter a plea and we are
11:16:18 actually doing time on these arrests, and then the state
11:16:20 attorneys are dropping the charges.
11:16:23 They are nolle prossing the cases because they know good and
11:16:28 well we are going to win at jury trials, and even the judges
11:16:31 at times are saying, why do the Tampa police send us these
11:16:35 cases?
11:16:36 Because they know in our courthouse that these laws that you
11:16:41 are passing are unconstitutional, they are against freedom
11:16:44 of speech, they are against freedom of religion, freedom of
11:16:49 the press.
11:16:50 That's what we are dealing with.
11:16:52 Your legal problems are just beginning.
11:16:55 Flurry of litigation.
11:16:58 There are probably 1,000 poor and homeless people that have
11:17:03 been arrested, put in jail, and in essence pleaded no
11:17:08 contest just to be released.
11:17:10 Just to be released to be constantly harassed by the Tampa
11:17:15 police, constantly arrested and put in the courts.
11:17:20 And each and every one of them, we are advising them with
11:17:26 pro bono, with private attorneys and legal foundations, that
11:17:29 they have a good case in the Hillsborough circuit court to
11:17:35 sue the City of Tampa.
11:17:39 It's only beginning.
11:17:40 The federal government, the U.S. Department of Justice is
11:17:43 very involved in this investigation of racial profiling of
11:17:51 bicyclists and it's expanded to economic profiling is what
11:17:55 we call it against the poor and homeless.
11:17:57 (Bell sounds).
11:18:00 >>FRANK REDDICK: All right.
11:18:00 Good day.
11:18:01 Anyone else?
11:18:02 >> And you won't be able to enforce the Hillsborough
11:18:04 County --
11:18:06 >>FRANK REDDICK: Anyone else wishing to speak at this time?
11:18:08 Mr. Miranda.
11:18:08 >>MIKE SUAREZ: I apologize, I have a quick question of the
11:18:13 legal department.
11:18:19 Mrs. Mandell?
11:18:20 I apologize.
11:18:21 By operation of law when you said once we repeal the county
11:18:24 ordinance, what county ordinance will then be set forth by
11:18:30 Tampa PD to enforce that particular ordinance, correct?
11:18:34 >>JULIA MANDELL: Yes, Tampa Police Department has absolute
11:18:37 authority to enforce the county ordinance within the
11:18:39 jurisdiction of the City of Tampa.
11:18:41 >>MIKE SUAREZ: So to say they are going to be able to know
11:18:45 what this is and what they need to do.
11:18:50 Are there specific other requirements based on a total ban,
11:18:54 meaning what other federal law is thereto, you know, deal
11:19:02 with homeless folks when it comes to a total ban?
11:19:05 Because there are other issues that come with it, not only
11:19:09 just to that end, no one will ever show up.
11:19:12 We know there will be some enforcement aspects.
11:19:16 What does that many in terms of how our police be will be
11:19:20 able to handle it?
11:19:22 >>JULIA MANDELL: Well, whenever the Tampa Police Department
11:19:25 is charged with enforcing the law, we educate them and make
11:19:28 sure that they understand what those parameters are, and how
11:19:31 they move forward in terms of enforcement.
11:19:33 And I do want to make this very clear for the purposes of
11:19:37 the county ordinance.
11:19:38 I have read it, and I have discussed it with the county
11:19:41 attorney.
11:19:42 That is not a ban on homeless being within the right-of-way.
11:19:45 It is a ban on the activity of the interaction between
11:19:49 pedestrians and cars within the travel portions of the
11:19:53 right-of-way and four feet to the side of it, and it's very
11:19:56 clear within the body of the ordinance that it doesn't have
11:19:58 an impact on anything happening on sidewalks, et cetera.
11:20:03 Which is why their provisions of their total ban have been
11:20:07 upheld.
11:20:08 >>MIKE SUAREZ: Thank you, chair.
11:20:11 >>FRANK REDDICK: Mr. Miranda.
11:20:11 >>CHARLIE MIRANDA: Mr. Chairman, item number 8, an
11:20:15 ordinance being presented for first reading and
11:20:16 consideration, ordinance of the city of Tampa, Florida
11:20:19 amending City of Tampa code of ordinances chapter 6,
11:20:21 business regulation, repealing article III, division 12,
11:20:25 section 6-265, newspaper street sales allowed, repealing all
11:20:31 ordinances or parts of ordinances in conflict therewith,
11:20:35 providing for severability, providing an effective date.
11:20:37 >> Second.
11:20:39 >>FRANK REDDICK: I have a motion from Mr. Miranda.
11:20:40 Second by Mr. Suarez.
11:20:41 Any further discussion on the motion?
11:20:43 All those in favor of the motion say aye.
11:20:45 Those opposed?
11:20:46 Nay.
11:20:46 >>THE CLERK: Motion carried unanimously.
11:20:51 >>FRANK REDDICK: No, the motion carried 6-1 with Reddick
11:20:54 voting no.
11:20:54 >>CHARLIE MIRANDA: The second one, Mr. Chairman.
11:20:58 >>THE CLERK: Second reading and adoption will be held on
11:21:01 July 16, 2015 at 9:30 a.m.
11:21:05 >>CHARLIE MIRANDA: Second ordinance, Mr. Chairman.
11:21:08 And I will speak to both of these in a minute.
11:21:11 Ordinance presented for first reading consideration, an
11:21:14 ordinance of the city of Tampa, Florida amending City of
11:21:16 Tampa code of ordinances, chapter 25, transportation,
11:21:20 repealing section 27-173, solicitation and distribution on
11:21:25 public roads, repealing all ordinances or parts of
11:21:28 ordinances in conflict therewith, providing for
11:21:31 severability, providing an effective date.
11:21:31 >> Second.
11:21:34 >>FRANK REDDICK: A motion from Mr. Miranda.
11:21:35 Seconded by Mr. Cohen.
11:21:36 Any further discussion on the motion?
11:21:38 All in favor of the motion say aye.
11:21:40 Opposed?
11:21:41 Nay.
11:21:41 >>THE CLERK: Reddick voting no.
11:21:45 Second reading and adoption will be held on July 16th,
11:21:47 2015 at 9:30 a.m.
11:21:53 >>FRANK REDDICK: Okay.
11:21:53 Mr. Miranda?
11:21:54 >>CHARLIE MIRANDA: I was just going to say it's a free
11:22:01 country, wonderful country, the best country in the world.
11:22:04 Sometimes you have to do things you don't like to do.
11:22:12 >>FRANK REDDICK: Mrs. Capin?
11:22:14 >>YVONNE CAPIN: I would like to make a motion.
11:22:15 And the motion is that people look at these ordinances or
11:22:22 look at where or how we may be able to implement the sale of
11:22:34 newspapers or any other way that we can possibly come up
11:22:39 with an ordinance that -- Mrs. Mandell, can you tell me?
11:22:48 >>JULIA MANDELL: City attorney.
11:22:50 As I understand, you correctly, you would like us, legal
11:22:54 department, to review the case law and come back potentially
11:22:57 with some recommendations, oh are to otherwise provide some
11:23:00 information as to where our authority is.
11:23:03 I am going to request that you go ahead and make that motion
11:23:06 on second reading, if you wouldn't mind, and give us some
11:23:09 time after that to go ahead.
11:23:11 But it will give us an opportunity to start thinking about
11:23:15 that.
11:23:17 >>YVONNE CAPIN: Then at second reading, and --
11:23:21 >>JULIA MANDELL: That would probably give us time to do
11:23:23 that.
11:23:24 >>YVONNE CAPIN: I will do that then.
11:23:25 Thank you.
11:23:25 >>HARRY COHEN: This is obviously the subject of a lot of
11:23:31 work a few years ago, and while in our last discussion we
11:23:37 talked about some of the more recent case law, there was a
11:23:40 case that came out last week that I think everyone received
11:23:43 from Mrs. Kert called Lee versus city of Gilbert, Arizona
11:23:48 that details with a sign ordinance.
11:23:50 But if you read the facts of that case you really can get a
11:23:55 very comprehensive understanding of where the courts are
11:23:58 going on all of these questions regarding any type of
11:24:04 content-based regulations.
11:24:06 And probably more so than any of the cases that we were even
11:24:10 dealing with prior.
11:24:11 This latest case that just came out this week really is
11:24:16 going to present challenges for us, not just in areas like
11:24:19 this, but in areas like the noise ordinance, like the sign
11:24:23 ordinance, all different forms of expression, commercial
11:24:27 expression, personal expression, really fall under these
11:24:33 cases and I think that when Councilwoman Capin makes her
11:24:39 motion, she's going to be giving the legal department a
11:24:44 pretty heavy look because this case was in many ways really
11:24:49 changing the scope of what municipal governments are able to
11:24:53 do in terms of anything that comes close to regulating
11:24:57 speech.
11:24:57 >>MIKE SUAREZ: Mr. Chair, if I could.
11:25:03 You know, Councilman Cohen just mentioned something that
11:25:06 happened four years ago, and there were weeks of meetings
11:25:11 that weighed here primarily, people from the public in favor
11:25:17 of or against a total ban of the during the time that we had
11:25:20 these discussions about the homeless issue here in the city,
11:25:24 Mr. Cohen had come up with a compromise which at a time I
11:25:27 thought was a very good compromise based on what the law was
11:25:30 at a time to allow for some modicum of freedom of the press,
11:25:36 in addition to controlling the safety of our own streets
11:25:40 based on the number of people within the right-of-way.
11:25:43 Unfortunately, we cannot right now say what the law is going
11:25:48 to be later on, but we know that we needed to do something
11:25:54 so that we could make sure the taxpayers of the City of
11:25:57 Tampa understand that litigation is an iffy proposition a
11:26:03 lot of times, and we would rather see a total ban which is
11:26:06 already on the books through Hillsborough County than to try
11:26:09 and thread the needle in terms of legality to make sure that
11:26:14 we fit in legal under case law.
11:26:20 And I was one of those members that was in favor of a total
11:26:24 ban previously when we first started this, and I was also in
11:26:27 favor of the compromise that was presented by Councilman
11:26:31 Cohen.
11:26:31 I think this is about the only thing that we can do at this
11:26:34 point.
11:26:34 And I want everyone to know in the city that this does not
11:26:36 mean that people are allowed to solicit it within the
11:26:41 right-of-way.
11:26:43 The county ordinance is fairly clear as to what they can and
11:26:47 cannot do.
11:26:47 I want to make sure that our citizens understand that we are
11:26:50 not passing the buck or doing anything like that.
11:26:54 We are trying to figure out where we are going to be with
11:26:56 federal law at some pointed, and this is the best option we
11:26:59 have at this moment.
11:27:00 Thank you, chair.
11:27:01 >>FRANK REDDICK: All right.
11:27:06 >>YVONNE CAPIN: Yes, it is heavy lifting, but that's what we
11:27:09 do here.
11:27:10 So that being said, it's understood that this is, what we
11:27:16 are doing here today, is an attempt to save the city and the
11:27:24 citizens their taxpayer dollars, and it's very important.
11:27:27 This is something that public safety is also involved.
11:27:30 So that being understood, I'll wait till second reading and
11:27:34 we'll proceed from there.
11:27:35 Thank you.
11:27:36 >>FRANK REDDICK: Item number 9.
11:27:37 >> Tony Vandito, Tampa police department, on behalf of Chief
11:27:57 Ward.
11:27:57 As now the body camera system has been in effect since
11:28:00 February of this year.
11:28:02 60 officers are assigned to different areas of the
11:28:04 department using these.
11:28:07 They are required to obtain a class prior to using the
11:28:11 camera system so they are aware of the software, the
11:28:14 technology and the operating procedures mandating their use.
11:28:19 During this time, to measure effectiveness, we came up with
11:28:25 some stats.
11:28:26 During this time we have uploaded 10,475 videos, which
11:28:30 includes 1335 arrests.
11:28:33 We have what's called a retention period so depending on
11:28:36 what category the video is declared, it's only held for 90
11:28:41 days.
11:28:41 So since this time, 1100 videos have been purged.
11:28:46 I have had no complaints except for one that was failed on
11:28:49 rodness and it happened to be an officer that was using a
11:28:51 body worn camera and subsequent to viewing the camera the
11:28:54 complainant's complaints were unfounded.
11:28:58 So that answers, I think, it is a pilot program.
11:29:03 We learned some things and some of the things we learned is
11:29:05 operationally, positioning of the camera is paramount, and
11:29:11 we found sometimes it's not the best place.
11:29:13 Sometimes it's not the camera.
11:29:15 We are looking at a hat.
11:29:16 That's problematic because the video follows the head.
11:29:19 So if you are driving you look to your left.
11:29:21 That's what you see on the video.
11:29:22 So we got some manufacturers actually looking at modifying
11:29:25 our uniforms to make this sturdier so this may be a good
11:29:29 option for us.
11:29:30 But it's a work in progress, and we are trying to find best
11:29:34 practices, and so we have had some additional training.
11:29:37 We found out that the docking stations weren't working.
11:29:40 We got with laser and our technology department and they
11:29:46 improved things.
11:29:47 Some of the things in progress, now what happens is the
11:29:50 officer takes their camera and they dock it.
11:29:53 It uploads the video into and then they have to go manually
11:29:58 go in there, put the report number, the type of offense it
11:30:01 was and if they want to put a title they can put a title but
11:30:04 that's a default.
11:30:05 It's not necessary.
11:30:07 Working to make that automated and we are about three or
11:30:12 four weeks away.
11:30:13 We are almost 100% there.
11:30:15 So what will happen, as soon as they stop that video, it
11:30:18 will upload it based on the call, it automatically tags the
11:30:23 system for.
11:30:24 So that's a brief overview where we are with body worn
11:30:27 camera system.
11:30:28 >>FRANK REDDICK: Questions by council?
11:30:29 Mr. Suarez.
11:30:30 >>MIKE SUAREZ: Thanks for peering here today.
11:30:33 I just have a quick question.
11:30:37 In this pilot program what has been the provisional rules
11:30:40 that we have used now, our SOP concerning when you turn on a
11:30:44 camera or when you turn off a camera?
11:30:46 >> It's based on officer discretion unless it involves a
11:30:50 criminal offense, a traffic stop, a suspicious activity, or
11:30:55 anything that you deem necessary to have captured.
11:30:59 So if you get out on just a casual encounter, at that point
11:31:03 not so much you would have to.
11:31:04 If you get out for a dispatched call or crime at that point
11:31:07 you put it on.
11:31:08 >> In terms of the strength of the uniform, you have to let
11:31:11 some of the other things -- you said how many weeks before
11:31:15 we know?
11:31:15 >> The manufacturers are showing progress.
11:31:18 We are looking at automation of the uploading --
11:31:24 >>MIKE SUAREZ: I assume based on an officer's logbook, it's
11:31:28 numbered based on whatever is going to happen.
11:31:30 I'm not sure of the process in terms of what they do.
11:31:32 You can just have that ought oh mated there on a day-to-day
11:31:35 basis based on that particular officer?
11:31:38 >> That's correct.
11:31:39 It's unique to them.
11:31:40 All they can do is upload it.
11:31:42 They can't delete it, modify it, do anything to it.
11:31:45 >>MIKE SUAREZ: Thank you.
11:31:47 >>FRANK REDDICK: Any other questions?
11:31:48 All right.
11:31:50 We appreciate it.
11:31:50 Thank you.
11:31:52 All right.
11:31:52 I need a motion for item 9.
11:31:58 Motion by Mr. Miranda.
11:31:59 Second by Mr. Suarez.
11:32:01 Discussion on the motion?
11:32:01 All in favor?
11:32:02 Opposed?
11:32:03 All right.
11:32:05 Item number 11.
11:32:06 A motion from Mr. Cohen.
11:32:07 Seconded by Mrs. Montelione.
11:32:08 Discussion on the motion?
11:32:10 All those in favor of the motion say aye.
11:32:12 Opposed?
11:32:13 Item number 12.
11:32:14 >> Move item 12.
11:32:20 >>FRANK REDDICK: Got a motion from Mr. Suarez.
11:32:22 Seconded by Mrs. Montelione.
11:32:23 >>LISA MONTELIONE: No, I have discussion.
11:32:25 Before we take a vote.
11:32:27 >>FRANK REDDICK: Seconded by Mrs. Capin.
11:32:29 Question by Mrs. Montelione.
11:32:31 >>LISA MONTELIONE: Month I wanted to have second the motion
11:32:36 and have discussion.
11:32:37 That's what I meant by raising my hand.
11:32:39 Thank you very much.
11:32:39 >> Director parks and recreation, Greg Bayor.
11:32:48 >> Before we move the item, sir, I had a couple of
11:32:52 questions.
11:32:53 What was provided in the backup I have is just a renewal
11:32:57 resolution.
11:32:59 Not the original contact.
11:33:02 Part of this backup was online and I didn't read the whole
11:33:06 thing.
11:33:06 Can you tell me what the scope of this contract is?
11:33:11 Is it only mowing and grass?
11:33:15 >>GREG BAYOR: Let me give you a little background.
11:33:17 Prior to a few years ago we had a contractor defaulted and
11:33:22 we trade our darnest to keep up and we couldn't do it.
11:33:28 It's 175 sites, 1,212 acres and includes not only mowing,
11:33:35 edging, fertilization, spraying chemicals, and --
11:33:42 >>LISA MONTELIONE: I mean, since it was Greenturf services,
11:33:46 I figured it was about -- and I met with some citizens who
11:33:51 live in SkyPoint recently, and they have a fantastic view,
11:33:59 let me tell you that, of Tampa and the city, and one of the
11:34:03 areas, several that face Curtis Hixon, they have a lounge
11:34:09 area, and exercise room, and a lot of their tenants, a lot
11:34:14 of their owners are concerned about Curtis Hixon park.
11:34:20 And I think you and I or Heather and I have talked about
11:34:23 Curtis Hixon park's grass on occasion, and it's looking
11:34:28 really bad.
11:34:29 >> Yes, it is.
11:34:31 >>LISA MONTELIONE: I know it's summer and I know turf has a
11:34:38 tough time in the summer.
11:34:41 >> We are trying to correct the drainage and I'm hopeful we
11:34:45 will be able to see with repairs, and also pavers would
11:34:50 float around.
11:34:51 >>LISA MONTELIONE: So it's not the lack of care, it's the
11:34:56 drainage problem then?
11:35:00 >>GREG BAYOR: It's been very wet.
11:35:04 >>LISA MONTELIONE: We talked about that, too.
11:35:07 And it's just not anything to do with the contract, but the
11:35:12 loose tile came up, that some of it has been replaced but
11:35:15 not all of them and that's a really serious hazard.
11:35:18 Thank you.
11:35:20 >>FRANK REDDICK: Thank you.
11:35:20 Further discussion on the motion?
11:35:21 Seeing none all those in favor of the motion say aye.
11:35:24 Opposed?
11:35:24 All right.
11:35:25 Item 13.
11:35:28 I have a motion from Mr. Suarez.
11:35:31 Seconded by Mr. Miranda.
11:35:34 Discussion?
11:35:35 >>LISA MONTELIONE: Thank you, sir.
11:35:38 The issue was a very contentious one when we were initially
11:35:49 meeting with the neighborhood in Forest Hills and
11:35:51 surrounding Forest Hills where blue sink is.
11:35:56 Now that work is commencing.
11:35:58 So neighborhood sentiment has died down.
11:36:01 They are not being as vocal but there's still concern.
11:36:03 So when this work commences, I'm sure that I am going to get
11:36:07 a bunch of phone calls.
11:36:09 Can we require -- and maybe it is already part of the
11:36:12 contract of RTD -- to post a sign where the information can
11:36:20 be gotten by the citizens, so a phone number, an e-mail
11:36:26 address, something, to contact not only the contractor, but
11:36:30 here at the city so that any questions that come up while
11:36:33 this work is going on can be answered?
11:36:38 >> Chuck Weber, water department director.
11:36:40 Yes, we can post a sign.
11:36:41 >>LISA MONTELIONE: Great.
11:36:44 We probably have a list.
11:36:45 I think there was a sign when we conducted that meeting.
11:36:50 I'm not sure now.
11:36:51 It was quite some time ago.
11:36:54 I have a newsletter so I can put it in my newsletter when
11:36:57 the work is commencing.
11:36:58 But I want to have that opportunity to have information back
11:37:03 and forth for the citizens group.
11:37:06 They are very concerned about this project.
11:37:08 Thank you.
11:37:09 >>FRANK REDDICK: Any further discussion?
11:37:11 All in favor of the motion say aye.
11:37:13 Opposed?
11:37:17 Items removed.
11:37:24 >>YVONNE CAPIN: (off microphone) my apologies to my fellow
11:37:27 council members.
11:37:28 I would like to ask that item 656 be removed for discussion.
11:37:39 >>FRANK REDDICK: Is that a motion?
11:37:41 >>YVONNE CAPIN: Yes, sir, a motion.
11:37:43 >>FRANK REDDICK: All right.
11:37:43 Got a motion from Mrs. Capin.
11:37:45 Seconded by Mr. Suarez.
11:37:46 Discussion on the motion?
11:37:47 >>HARRY COHEN: (off microphone) I don't know but I think
11:37:54 counsel here earlier said -- I think we just need to be very
11:38:01 careful.
11:38:11 >>YVONNE CAPIN: I think Mr. McDonaugh brought it up.
11:38:14 So thank you for that.
11:38:18 >>FRANK REDDICK: All right.
11:38:18 Any discussion on the motion?
11:38:20 Seeing none all in favor of the motion say aye.
11:38:22 Opposed?
11:38:24 All right.
11:38:25 Item 14:
11:38:30 >>LISA MONTELIONE: Let me get this final agenda out that I
11:38:39 have written all over to make sure that I get it right.
11:38:43 I move an ordinance being presented for first reading
11:38:45 consideration, an ordinance amending ordinance number
11:38:48 2015-53 passed and ordained by the City Council of the City
11:38:52 of Tampa on May 7, 2015 correcting a scrivener's error by
11:38:56 substituting a corrected exhibit "A" for the previous
11:38:59 exhibit "A" that was provided in error, providing for
11:39:04 severability, providing an effective date.
11:39:05 >> Second.
11:39:06 >>FRANK REDDICK: Motion by Mrs. Montelione.
11:39:07 Second by Mr. Suarez.
11:39:08 Any discussion on the motion?
11:39:10 All in favor say aye.
11:39:11 Opposed?
11:39:11 >>THE CLERK: Second reading and adoption will be held on
11:39:14 July 16th, 2015 at 9:30 a.m.
11:39:19 >>FRANK REDDICK: All right.
11:39:20 Committee reports.
11:39:21 Public safety, Mr. Miranda.
11:39:22 >>CHARLIE MIRANDA: Move items 15 through 27.
11:39:26 >> Second.
11:39:27 >>FRANK REDDICK: Motion from Mr. Miranda.
11:39:28 Second by Mr. Cohen.
11:39:29 Discussion on the motion?
11:39:30 All those in favor say aye.
11:39:31 Opposed?
11:39:32 All right.
11:39:34 Parks and recreation, Mr. Maniscalco.
11:39:35 >>GUIDO MANISCALCO: I move items 28 through 33.
11:39:39 >>FRANK REDDICK: Got a motion from Mr. Maniscalco, seconded
11:39:41 by Mr. Miranda.
11:39:42 Any further discussion on the motion?
11:39:50 >>MARTIN SHELBY: With the exception of item 30.
11:39:53 >>FRANK REDDICK: All in favor of the motion say aye.
11:39:55 Opposed?
11:39:56 All right.
11:39:56 Public works, Mr. Suarez.
11:39:58 >>MIKE SUAREZ: I move items 34 through 39.
11:40:00 >> Second.
11:40:01 >>FRANK REDDICK: Motion by Mr. Suarez.
11:40:03 Seconded by Mr. Cohen.
11:40:04 Discussion on that motion?
11:40:05 All in favor of the motion say aye.
11:40:07 Opposed?
11:40:08 All right.
11:40:08 Mr. Cohen, Finance Committee.
11:40:10 >>HARRY COHEN: I move items 40 through 50 and items 52, 53
11:40:15 and 54.
11:40:16 >> Second.
11:40:18 >>FRANK REDDICK: Got a motion by Mr. Cohen, second by Mr.
11:40:20 Miranda.
11:40:22 Discussion on the motion?
11:40:22 All in favor?
11:40:23 Opposed?
11:40:24 All right.
11:40:29 Mrs. Montelione.
11:40:29 >>LISA MONTELIONE: (off microphone) I move items 55, 56
11:40:35 through 64.
11:40:36 >> I have a motion by Mrs. Montelione.
11:40:38 Second by Mr. Miranda.
11:40:40 Discussion on the motion?
11:40:41 All in favor?
11:40:42 Opposed?
11:40:43 All right of the transportation.
11:40:45 Mrs. Capin.
11:40:46 >>YVONNE CAPIN: I move item 65 through 72.
11:40:49 >>HARRY COHEN: Second.
11:40:51 >>FRANK REDDICK: I have a motion from Mrs. Capin.
11:40:58 Further discussion on the motion?
11:41:01 All in favor?
11:41:02 Opposed?
11:41:02 All right.
11:41:02 We go to number 73.
11:41:20 Okay, 51?
11:41:26 >>LISA MONTELIONE: I thought it would be 30 first.
11:41:37 30 then 51?
11:41:42 >>FRANK REDDICK: All right, 30.
11:41:42 >>LISA MONTELIONE: Let me get to that spot on my agenda.
11:41:56 >>GREG BAYOR: Director of parks and recreation.
11:41:59 >>LISA MONTELIONE: Thank you.
11:42:01 We had some discussion about this item previously.
11:42:08 This was back in April the first tame.
11:42:10 Actually, I had discussion with the chief of staff.
11:42:15 Because this item came to us in April originally, and I
11:42:18 pulled it from the agenda, and subsequently the chief of
11:42:22 staff removed it, withdrew it from the agenda.
11:42:26 I had some misgivings about this particular item, and that's
11:42:32 why the chief of staff decided it was in the best interest
11:42:35 to just remove it completely from the agenda in April.
11:42:38 It has been obviously now come back to us, and my
11:42:44 understanding from all the meetings that we have had, some
11:42:49 of you -- some have been present, some have not, that this
11:43:02 Bartholomew center is a recreation center in Sulphur
11:43:05 Springs, and it is not completely utilized or fully
11:43:12 utilized, I should say.
11:43:14 Is that correct?
11:43:16 >>GREG BAYOR: Correct.
11:43:18 >>LISA MONTELIONE: And we have available space within our
11:43:24 community center with the typical practice for programs to
11:43:30 be run out of the center.
11:43:32 And the reason I'm asking the questions, I think it's a
11:43:36 noble cause, I think it's a great program.
11:43:38 But from the beginning, I advocated as others that we do an
11:43:48 RFP when we have services that we want to offer the public
11:43:53 when we have contracts that we are entering into, when we
11:43:57 have available space in our buildings to rent, that is fair
11:44:05 and unbiased process be put in place for those types of
11:44:11 activities.
11:44:13 That is not the case with this.
11:44:15 There was no RFP.
11:44:16 There was no notice to other nonprofits or other
11:44:21 organizations who might want to utilize the space at the
11:44:25 Bartholomew center.
11:44:27 It was just, in my view, given to this organization so that
11:44:31 they can run a program there.
11:44:34 Is that typical of how we conduct business?
11:44:38 >> No, not at all.
11:44:40 We seek partnerships wherever we can, empty space sometimes.
11:44:45 You all know we can't program everything that we should be
11:44:48 doing out there.
11:44:48 There's not enough budget money.
11:44:50 You go two blocks away to Spring Hill.
11:44:54 The same thing.
11:44:54 >>LISA MONTELIONE: One of the things, and I will use this
11:45:04 actually happened with one of my previous aides.
11:45:06 He went to a tennis court in the city with his then
11:45:10 girlfriend, now wife, to play tennis.
11:45:13 And showed up, and there was somebody on the tennis courts,
11:45:17 he said, I had these tennis courts reserved, and you will
11:45:25 have to wait until I am finished and that person was
11:45:28 teaching tennis lessons.
11:45:33 He came back and checked with the Parks Department, and this
11:45:37 person did not have authorized use to conduct for-profit
11:45:41 activities on the tennis courts at that time.
11:45:46 So I understand that this is a license agreement.
11:45:50 I spoke with Mrs. Mandell last night.
11:45:56 And this isn't granting exclusive use.
11:46:00 It is not.
11:46:01 Is that correct?
11:46:02 >> No, we have space available.
11:46:07 >>LISA MONTELIONE: So if somebody shows up and wants to use
11:46:09 this space, can they interrupt whoever is using it much like
11:46:15 my aide trade to interrupt the tennis instructor?
11:46:18 >> Bartholomew use it is church on Sundays, so the church
11:46:26 already has a permit there.
11:46:27 So we try to accommodate as much as we can the community
11:46:30 especially in the Sulphur Springs area.
11:46:32 As you know, we are doing everything we can.
11:46:35 >> No doubt it's a challenge.
11:46:37 That's what they said.
11:46:38 I didn't have a problem with the programming they are
11:46:40 offering.
11:46:41 I just have a problem with our just giving space in a center
11:46:48 without having an even fair playing field for others who may
11:46:53 offer the same types of services who want to use that space.
11:46:57 Or who want free space from the city.
11:47:01 The homeless shelter would have space at one time in one of
11:47:06 our buildings, and that was our contribution, part of our
11:47:11 contribution to the Homeless Coalition when it was still the
11:47:14 homeless coalition, was the space.
11:47:17 We were considering that a chartable contribution or support
11:47:20 of that program by giving them the space for free, because
11:47:26 anywhere else they would have had to pay.
11:47:28 So, you know, I just don't see that it's fair to other
11:47:33 nonprofits that may need space to run their programs but
11:47:38 have to pay to run their programs.
11:47:40 And that's all I have to say.
11:47:43 >>FRANK REDDICK: Who is going to move item 31?
11:47:45 >> So moved.
11:47:46 >> Second.
11:47:47 >>FRANK REDDICK: Motion from Mr. Suarez.
11:47:48 Seconded by Mr. Cohen.
11:47:50 Further discussion on that motion?
11:47:52 All in favor of the motion say aye.
11:47:53 Opposed?
11:47:53 >> Nay.
11:47:57 >>FRANK REDDICK: Item 51.
11:48:08 Or is it 55?
11:48:09 51.
11:48:10 Okay.
11:48:11 51.
11:48:11 >>LISA MONTELIONE: Mrs. Little is coming in.
11:48:17 >>SONYA LITTLE: Good morning, chair, council members.
11:48:19 I will be happy to answer any questions that you might have
11:48:21 as it relates to the renewal of the contract.
11:48:24 >>LISA MONTELIONE: Thank you, Mrs. Little.
11:48:26 I pulled this item because when the contract was presented
11:48:30 to us initially, I voted no and I stated reasons for voting
11:48:35 no.
11:48:35 Obviously, it passed because we are doing business with them
11:48:40 now.
11:48:40 And that's the reason I pulled the item, because I wanted to
11:48:43 find out from you if you have the answer, how many
11:48:47 transactions have been processed through Amscot for payment
11:48:50 of utility bills.
11:48:51 >>SONYA LITTLE: The service was available.
11:48:58 It has ramped up but over the more recent months we average
11:49:02 about 6,000 transactions per month for utility bill payments
11:49:05 for the city.
11:49:06 >>LISA MONTELIONE: So 6,000 people are visiting Amscot on a
11:49:10 monthly basis to pay their bills?
11:49:13 >>SONYA LITTLE: Correct.
11:49:14 >>LISA MONTELIONE: And I was kind of hoping the number
11:49:16 would be lower, because the problem that I had initially
11:49:21 when granting this contract was Amscot charges people a lot
11:49:27 of money for payday loans, as they are known in the
11:49:33 business, right?
11:49:34 And we are encouraging people to go there.
11:49:39 And -- not saying that citizens can't make decisions on
11:49:46 their own.
11:49:46 However, I feel that years ago when I worked downtown, when
11:49:51 I worked for then NCNB national bank, it might have been
11:49:56 NationsBank at a time, I would pay my utility bills in
11:49:59 person, and if I couldn't get to the city office, I would go
11:50:02 to, I can't remember, it was Walgreen's or CVS or a
11:50:06 newspaper stand, but I remember I would go in and I would
11:50:09 pay my bill there.
11:50:10 Now, if somebody is encouraged to go buy a newspaper or
11:50:14 piece of candies or pick something up at one of those
11:50:17 stores, it's a convenience.
11:50:20 But I don't feel that encouraging people to go to Amscot
11:50:25 where, oh, well, I am here, I will cash my check, is an
11:50:30 appropriate thing for us to be doing as a city.
11:50:34 >>SONYA LITTLE: Councilwoman, I guess from our perspective
11:50:39 what we were trying to offer was just yet another
11:50:41 alternative for making utility payments.
11:50:45 We do offer online services.
11:50:46 Our citizens can pay by mail.
11:50:50 We offer also a City of Tampa location.
11:50:54 Our German American club.
11:50:56 So the intent was to open it up to just offer yet another
11:50:59 convenient location to pay the bill at a very low cost.
11:51:03 They charge us one dollar.
11:51:04 >>LISA MONTELIONE: It's not whether or not it's a
11:51:09 convenient place to do business, and that they are charging
11:51:11 us a dollar to do it.
11:51:12 That's fine.
11:51:13 But I have a feeling the renewal is going to pass.
11:51:16 I would just hope that when this contract ends that we would
11:51:19 seek the services of another establishment than isn't
11:51:25 already in the payday loan business.
11:51:27 >> I don't see nobody from Hillsborough.
11:51:40 >>YVONNE CAPIN: (off microphone) many can go there to cash
11:51:44 their check.
11:51:45 And that is an advantage to us that they pay their utility
11:51:49 bill at that time.
11:51:53 That's probably when why we have the 6,000 payments.
11:51:56 And I would like to know -- one of the things, how many
11:52:02 people actually cash their payroll checks there.
11:52:06 And that was pointed out to me.
11:52:08 And it's a veins for them, getting their payroll checks
11:52:14 cashed, they can also pay their utility bill.
11:52:16 That's what was brought up to me.
11:52:20 I think it's just a convenience for both for the city and
11:52:24 the citizen.
11:52:26 >>FRANK REDDICK: Mr. Cohen?
11:52:27 >>HARRY COHEN: Very briefly, I remember when this item came
11:52:31 up, I remember Councilwoman Montelione when you voted
11:52:35 against it.
11:52:35 I also remember why I voted for it and I want to remind
11:52:40 everyone, the county clerk's office started allowing people
11:52:46 to pay traffic tickets at Amscot a number of years ago, and,
11:52:51 you know, there's online paying, there's pay by phone take,
11:52:55 you can pay by mail, you can go into the office and pay
11:52:58 during regular business hours.
11:52:59 But the bottom line is a lot of people don't have access to
11:53:03 computers.
11:53:03 A lot of people have to time that payment very specifically.
11:53:06 They have to go on the weekend.
11:53:08 They have to go at night in order to avoid work and child
11:53:10 care costs.
11:53:12 And the fact of the matter is that the more opportunities
11:53:14 you give people to pay these bills, the more likely they are
11:53:18 that they are going to be paid, period.
11:53:20 And, you know, we need this money in the city.
11:53:23 And we need to give people every possible convenience in
11:53:26 order to make sure that they have the ability to pay it and
11:53:31 we have the ability to receive it.
11:53:33 So I think it's great 6,000 people paid those bills.
11:53:36 And I wish we could offer more options than that in the
11:53:39 future.
11:53:41 >>FRANK REDDICK: Mr. Suarez.
11:53:41 >>MIKE SUAREZ: Thank you, chair.
11:53:44 Mrs. Little -- and I don't know if they still offer it, but
11:53:47 do they still do free money orders, don't they?
11:53:51 They used to.
11:53:52 >>SONYA LITTLE: The last I heard --
11:53:56 >>MIKE SUAREZ: And to me I'll bet that dollar that they
11:53:58 have to pay every time, that that probably is what you are
11:54:01 seeing.
11:54:02 A lot of people with cash transactions that are coming in,
11:54:05 getting the money order in order to be mailed out to us.
11:54:09 That's just a guess of mine.
11:54:11 Amscot seems to be a very convenient place for people to do
11:54:14 a lot of pseudo banking transactions that we mate not think
11:54:19 about because many of us have bank accounts and stuff.
11:54:22 But banks are becoming more expensive in terms of having a
11:54:26 small account, meaning those threshold in order to make them
11:54:32 free, like most banks that keep changing, I had paying ways
11:54:35 to save money.
11:54:36 A lot of ways to save money is we are going to have -- we
11:54:40 are going to charge you more for your checking, and
11:54:44 unfortunately a lot banks that do this after the client is
11:54:51 in there.
11:54:52 So I think to Mr. Cohen's point and Mrs. Capin's point,
11:54:56 there's some convenience to it but there's also an
11:54:58 operational aspect that I think is important for us to give
11:55:01 them an opportunity for folks to try to pay their bills.
11:55:04 Thank you, chair.
11:55:05 >>CHARLIE MIRANDA: You know, sometime back we used to have
11:55:08 an office downstairs that would collect water payments.
11:55:13 Some of them were delinquent.
11:55:15 Most of them were not.
11:55:16 However, there's a problem.
11:55:17 When they came out, they had a big old parking ticket.
11:55:23 They use a little water and pay a lot to park.
11:55:26 It should be the other way around.
11:55:29 Mr. Brad Baird would be happy.
11:55:31 But the German American club was renovated and parking and
11:55:36 helped that a lot.
11:55:37 Even before that, way before that, they used to be a chamber
11:55:42 in Ybor City that would take your money and collect utility
11:55:46 bills.
11:55:47 Including electric payments at one time.
11:55:49 So the drugstore in West Tampa did the same thing.
11:55:52 So it's about convenience.
11:55:55 To me it makes no difference who has it.
11:55:58 I'm not here to sell this provider or any provider.
11:56:01 But if you walk in to a WalMart or Kmart or Sears or Macy's
11:56:06 or Nordstrom, I think I have run the scale now, you are G
11:56:10 you can do whatever you want.
11:56:11 That's your money.
11:56:12 Just pay my bill, that's all.
11:56:17 >>FRANK REDDICK: All right.
11:56:18 Who wants to move the resolution?
11:56:21 We have a motion from Mrs. Capin, seconded by Mr. Cohen.
11:56:25 Further discussion on the motion?
11:56:26 All in favor say aye.
11:56:27 Opposed?
11:56:27 >>LISA MONTELIONE: Nay.
11:56:31 >>FRANK REDDICK: Okay.
11:56:37 55.
11:56:38 Mrs. Capin.
11:56:40 >>YVONNE CAPIN: I have a couple of questions and I'm glad
11:56:41 that legal is here, a representative.
11:56:45 One question is on Intown LLC, to residents on the river,
11:56:57 LLC.
11:57:01 Intown framework.
11:57:02 From what I am seeing, that does not have to be approved.
11:57:05 >>BOB McDONAUGH: That's correct.
11:57:12 It's a cone called American land --
11:57:17 >>YVONNE CAPIN: Excuse me, the City Council does not have to
11:57:20 approve it.
11:57:20 >>BOB McDONAUGH: That's correct.
11:57:22 Speaking of the assignee, they have a project under
11:57:25 construction in downtown St. Petersburg which I visited.
11:57:28 I actually looked at some of their projects down in south
11:57:31 Florida.
11:57:31 I went down there on my own dime a few months ago to look at
11:57:35 the related project as well as American land to become a
11:57:39 little more familiar with the quality of their construction.
11:57:41 I also met with some of their investors and lenders, and all
11:57:45 of them, they seem comfortable that this is a company that
11:57:49 has the wherewithal and the ability to build something of
11:57:53 the quality that would be acceptable in our city.
11:57:56 >>YVONNE CAPIN: Thank you.
11:57:58 You know, I don't question the developer.
11:58:01 I do question our agreement.
11:58:07 I want to know when this was assigned, whats there any
11:58:12 compensation transferred?
11:58:15 >>BOB McDONAUGH: Between the two parties, I do not know.
11:58:17 It was a transaction between the parties, not with the City
11:58:20 of Tampa.
11:58:21 >>YVONNE CAPIN: So the legal staff does not know that answer
11:58:25 either?
11:58:38 >> Jim Porter representing the developer.
11:58:46 We are here for the contract and that information is not
11:58:50 something I am privy to share with council today.
11:58:58 >>YVONNE CAPIN: My point is the developers are very
11:59:00 reputable developers.
11:59:01 My concern again was on the contract and the agreement.
11:59:04 And we are looking at 180 the days spendings.
11:59:08 This expires July 7th.
11:59:10 It is time sensitive.
11:59:13 However, we have not been paying for this property.
11:59:20 And the explanation was because it's not ready to develop,
11:59:27 or -- but at the same time, we are spending money to realign
11:59:32 the streets.
11:59:35 And when that first came to us, it was stated that the price
11:59:40 of this property would cover those expenses.
11:59:46 But we are putting those expenses ahead without having any
11:59:51 of those moneys.
11:59:52 And in the meantime, these properties are transferring, we
11:59:56 don't know if there was money transferred in order to assign
12:00:00 these agreements.
12:00:06 It's just taxpayers money.
12:00:14 This could be construed as taxpayers money being used for
12:00:20 the enrichment of private sector, and that is something we
12:00:27 need to be very careful with.
12:00:32 So these are two things that are just gnawing at me, is
12:00:37 that --
12:00:41 >>BOB McDONAUGH: May I take a moment?
12:00:43 >> Yes.
12:00:43 >> Just to reiterate the process.
12:00:46 I know we have all been through this.
12:00:50 >>FRANK REDDICK: I am going to ask for ten minutes and then
12:00:52 we are going to do 83 so we can get staff out of here and
12:01:02 then recess till 10:30.
12:01:04 >> So move for ten minutes.
12:01:06 >>FRANK REDDICK: A motion from Mrs. Montelione.
12:01:07 Seconded by Mr. Cohen.
12:01:08 Discussion on the motion?
12:01:09 All in favor?
12:01:10 Okay.
12:01:11 I'm sorry about that.
12:01:11 >>BOB McDONAUGH: No, sir.
12:01:13 Again just to reiterate the process, this was approved by
12:01:17 council.
12:01:19 Subsequently there was a lawsuit from a resident of Skyhouse
12:01:22 which delayed the project for most of the year which caused
12:01:26 for some extensions.
12:01:27 The lawsuit was settled.
12:01:28 The contract was extended.
12:01:31 Again, it has been the desire and direction of City Council
12:01:34 to make sure that whenever we do any work that we combine as
12:01:40 much of it as we can.
12:01:41 So this roadwork was combined with a project that was
12:01:46 scheduled to take place.
12:01:47 So we have the CIAC project which is basically delayed, the
12:01:54 road work which creates the site.
12:01:59 >>YVONNE CAPIN: Let me interrupt you there.
12:02:00 We cannot be paid for this site until there is a site?
12:02:04 Is that part of the --
12:02:07 >>BOB McDONAUGH: That's correct.
12:02:08 That's correct.
12:02:09 Until a site is created.
12:02:11 Right now we have an apex of two streets.
12:02:14 And we delayed the work because we are doing the water
12:02:18 works, the CIAC project for downtown so all of this will be
12:02:24 done to make it cost less money.
12:02:27 In the meanwhile, one of the conditions that we had with
12:02:31 this developer is that everything they did has to be
12:02:34 coordinated with the Straz.
12:02:36 The Straz has a new master plan.
12:02:39 They spent considerable time and money working with the
12:02:41 Straz to make sure whatever plans they have --
12:02:44 >>YVONNE CAPIN: Okay, I understand putting the work
12:02:47 together.
12:02:49 >>BOB McDONAUGH: Yes, ma'am.
12:02:50 >>YVONNE CAPIN: In order to save money.
12:02:55 But the transfer agreement without us being compensated is
12:03:06 something that is a sticking point.
12:03:11 That's all I have to say.
12:03:12 I don't want to be delaying anymore.
12:03:16 That's my point.
12:03:17 And that was my point two years ago.
12:03:23 Thank you.
12:03:23 >>BOB McDONAUGH: Does anybody have any questions?
12:03:27 >>FRANK REDDICK: Mrs. Montelione?
12:03:30 Okay.
12:03:33 Motion from Mr. Suarez.
12:03:35 Second by Mr. Cohen.
12:03:36 Further discussion on the motion?
12:03:37 All in favor say aye.
12:03:39 Opposed?
12:03:41 >>YVONNE CAPIN: Nay.
12:03:41 >>BOB McDONAUGH: If I may my make one more comment.
12:03:48 We used to pay our water bills --
12:03:55 >>FRANK REDDICK: Item number 73.
12:03:56 >>HARRY COHEN: Thank you for indulging me with these
12:04:05 resolutions.
12:04:06 What we are going to do of course is setting public hearings
12:04:09 for August 27 to discuss potential of stormwater assessment.
12:04:14 It is my view that we ought to have a staff report and
12:04:18 opportunity for public comment at City Council meeting prior
12:04:24 to that public hearing so we can actually discuss some of
12:04:26 the different options we have, and also address the point
12:04:31 that Councilwoman Capin and others made when this originally
12:04:34 came up, that we are talking here about dollars and
12:04:38 households, and we need to be very sensitive to what it is
12:04:41 that our citizens can afford to pay to do this work.
12:04:44 On the other hand, I think due to the recent rain and storm
12:04:48 events that the work is desperately needed and we shouldn't
12:04:51 waste much time in making some changes in order to speed up
12:04:57 some of this.
12:04:58 So I was going to make a motion prior to making the
12:05:02 resolution, that on August 6th at 9:00 a.m., we have a
12:05:07 staff report to discuss the stormwater assessment and
12:05:12 different options that we may have in order to move forward
12:05:16 over a period of years with an increase in the assessment,
12:05:20 and also at that time have an opportunity as a result of
12:05:24 that for public comment.
12:05:25 >>MIKE SUAREZ: If I could maybe make a friendly amendment
12:05:31 to give information at that time to what the level of
12:05:33 service is now.
12:05:35 >>HARRY COHEN: Absolutely.
12:05:37 As a matter of fact, I accept that, and I would add that it
12:05:41 would be great to go ahead and have a synopsis of the prior
12:05:48 Power Point that weighed sort of discussing the overall
12:05:50 state of the stormwater system in the City of Tampa.
12:05:53 >>LISA MONTELIONE: (off microphone) and also add what other
12:06:01 jurisdictions are doing ...
12:06:06 >>HARRY COHEN: I think that's in the materials, but yes.
12:06:12 >>FRANK REDDICK: All right of the
12:06:14 We have a motion from Mr. Cohen.
12:06:16 Seconded by Mr. Suarez with an attachment.
12:06:20 Any further discussion on the motion?
12:06:22 >>SAL TERRITO: Legal department.
12:06:25 These notices will go out for the 27th irrespective.
12:06:29 We don't know if you are going to approve them at the time
12:06:31 but notices will have to go out.
12:06:33 >>HARRY COHEN: Absolutely.
12:06:34 We are supposed to read it on the 27th.
12:06:35 This gives us an opportunity prior to that to have some
12:06:37 public discussion about it, and to sort of familiarize
12:06:41 ourselves with what our options are.
12:06:43 >>FRANK REDDICK: All in favor of the motion say aye.
12:06:45 Opposed?
12:06:45 Okay.
12:06:47 Number 73.
12:06:51 >>JAN MCLEAN: City attorney's office on item number 73, the
12:06:54 resolution requesting authority to publish and send notice
12:06:58 to all citizens with regard to the proposed increase in the
12:07:02 stormwater service assessment which is in place now.
12:07:06 For August 27th.
12:07:07 >>MIKE SUAREZ: Move the resolution.
12:07:10 >>LISA MONTELIONE: Second.
12:07:12 >>FRANK REDDICK: All in favor of the motion?
12:07:13 Discussion?
12:07:14 >>HARRY COHEN: Just a question.
12:07:23 >>YVONNE CAPIN: We have been briefed on this.
12:07:24 Yesterday in my mailbox in the afternoon, I received a
12:07:27 notice from Hillsborough County, and it stated that your
12:07:34 property owner in 2015, the total stormwater management
12:07:36 assessment for the parcel is $110, which is an increase of
12:07:44 $9.247 a month -- I'm sorry, that's 9.24, an increase of
12:07:50 3.70.
12:07:53 So it says July 15th, they have a public notice, and
12:08:01 then it says that this will bring in $16 million of revenue.
12:08:13 If they are assessing us at the county level for houses in
12:08:18 the city, I need somebody to explain this.
12:08:24 We are being assessed by the county, and now we are looking
12:08:28 at assessing from the city.
12:08:32 For stormwater.
12:08:34 You can have a copy of this.
12:08:36 I just got it yesterday in the mail.
12:08:42 >>JAN MCLEAN: This must be property that is owned personally
12:08:44 and is located in the city?
12:08:48 >>YVONNE CAPIN: Correct.
12:08:48 So there's an error?
12:08:51 >> >>JAN MCLEAN: I would suggest that you got the notice
12:08:52 from the county because they can't impose stormwater
12:08:56 assessments on the property in the city.
12:09:01 >>YVONNE CAPIN: Thank you.
12:09:01 I will definitely take it up with the county.
12:09:05 Nobody else got it.
12:09:06 >> We happened to get one, also.
12:09:11 >>YVONNE CAPIN: That's where I was going.
12:09:13 >>FRANK REDDICK: All in favor of the motion say aye.
12:09:14 Opposed?
12:09:15 All right.
12:09:16 Number 75.
12:09:19 Number 74.
12:09:23 Moved by Mr. Cohen.
12:09:26 Seconded by Mr. Suarez.
12:09:28 All in favor?
12:09:29 Opposed?
12:09:29 All right.
12:09:30 Number 75.
12:09:31 >> Moved by Mr. Suarez.
12:09:33 Seconded by Mrs. Montelione.
12:09:35 Discussion on the motion?
12:09:36 All in favor?
12:09:36 Opposed?
12:09:37 >> Move 76.
12:09:39 >>FRANK REDDICK: Motion from Mr. Cohen.
12:09:40 Seconded by Mr. Suarez.
12:09:41 Discussion on the motion?
12:09:42 All those in favor say aye.
12:09:44 Opposed?
12:09:45 Number 77.
12:09:46 >> Move 77.
12:09:49 >>FRANK REDDICK: Motion by Mr. Cohen.
12:09:50 Second by Mrs. Capin.
12:09:51 Discussion on the motion?
12:09:52 All in favor of the motion say aye.
12:09:54 Opposed?
12:09:55 All right.
12:09:56 Number 78.
12:09:56 >> Move number 78.
12:10:01 >>FRANK REDDICK: Motion by Mrs. Capin.
12:10:02 Second by Mr. Suarez.
12:10:03 Discussion on the motion?
12:10:04 All in favor of the motion say aye.
12:10:05 Opposed?
12:10:06 All right.
12:10:07 Number 79.
12:10:09 Motion by Mrs. Montelione.
12:10:10 Second by Mrs. Capin.
12:10:12 Discussion on the motion?
12:10:16 All in favor of the motion say aye.
12:10:18 Opposed?
12:10:18 All right.
12:10:19 Number 80 cannot be heard.
12:10:20 So number 81.
12:10:21 >>HARRY COHEN: Move to set the public hearing.
12:10:25 >> Second.
12:10:25 >>FRANK REDDICK: Motion by Mr. Cohen.
12:10:26 Second by Mr. Suarez.
12:10:27 Discussion on the motion?
12:10:29 All right.
12:10:31 How much time do we have left of our ten minutes?
12:10:34 >> That's it.
12:10:36 We are at the ten-minute mark.
12:10:41 >>FRANK REDDICK: Okay.
12:10:41 >>MIKE SUAREZ: Since most of these are second reading we
12:10:51 may want to come back after the 1:30 hour to take those up
12:10:56 and the public hearing at the end of the agenda.
12:10:59 >>FRANK REDDICK: Right.
12:11:00 That's what I was looking at.
12:11:01 All right.
12:11:02 So we'll stand in recess till 1:30.
12:11:07 (City Council meeting in recess until 1:30 p.m.)
12:11:14 - - -
12:11:17 >>
12:11:19 [Sounding gavel]
13:34:31 >>FRANK REDDICK: Roll call.
13:34:32 >>CHARLIE MIRANDA: Here.
13:34:36 >>HARRY COHEN: Here.
13:34:37 >>GUIDO MANISCALCO: Here.
13:34:40 >>LISA MONTELIONE: Here.
13:34:41 >>FRANK REDDICK: Here.
13:34:50 >>FRANK REDDICK: All right.
13:34:51 Before we go into the public hearings for second reading, it
13:34:56 was brought to my attention we need to revisit item number
13:34:59 81.
13:35:01 Who wishes to speak to that?
13:35:03 >>MARTIN SHELBY: I have a gentleman here on number 81.
13:35:08 Mr. Chairman, it was brought to -- members of council
13:35:11 brought to my attention this is the petitioner requested a
13:35:15 review hearing, but he has brought to my attention that he
13:35:19 will be unavailable on August 6th, is going to be
13:35:22 requesting a different date.
13:35:23 >>CHARLIE MIRANDA: Move to open the public hearing.
13:35:27 >>THE CLERK: To set the public hearing date.
13:35:31 >> I will be traveling that week so any date after the third
13:35:34 week of August.
13:35:36 I'm Alan Clendenin.
13:36:00 is there a council meeting the week after that?
13:36:02 >> September 3rd.
13:36:03 >> That will be great.
13:36:05 >>THE CLERK: You need to rescind the motion.
13:36:07 You already set the hearing.
13:36:09 >> Move to reset the hearing from August 5th.
13:36:13 >> Discussion on the motion?
13:36:15 All in favor say aye.
13:36:16 >>HARRY COHEN: Move to set the public hearing for number 81
13:36:20 for September 3rd, 2015 at 9:30 a.m.
13:36:26 Excuse me, 10:30 a.m.
13:36:27 >> Second.
13:36:29 >>FRANK REDDICK: A motion from Mr. Cohen.
13:36:30 Seconded by Mrs. Montelione.
13:36:32 Any discussion on that motion?
13:36:33 Seeing none all in favor of the motion say aye.
13:36:36 Opposed?
13:36:36 Okay.
13:36:36 >>MARTIN SHELBY: Thank you, Mr. Chairman.
13:36:39 >>CHARLIE MIRANDA: Move to open 82 through 93.
13:36:43 >> Second.
13:36:44 >>FRANK REDDICK: Motion by Mr. Miranda, second by Mr.
13:36:46 Suarez.
13:36:47 Any discussion on the motion?
13:36:52 All in favor?
13:36:53 Opposed?
13:36:53 In, now, anyone to speak on 83 through 89 -- 83.
13:37:05 >>THE CLERK: It is not quasi-
13:37:10 >>FRANK REDDICK: We are doing 82, and then 83.
13:37:14 All right.
13:37:16 Mr. Miranda.
13:37:16 >>CHARLIE MIRANDA: Item number 82?
13:37:20 >>SAL TERRITO: Legal department.
13:37:27 Second reading of the West Tampa signage ordinance and we
13:37:30 are requesting you approve it.
13:37:31 >>FRANK REDDICK: Anyone from the public wishing to speak on
13:37:33 item number 282?
13:37:34 >> Good afternoon.
13:37:54 My name is Michael Randolph.
13:37:56 A member of the West Tampa Community Development
13:37:57 Corporation.
13:38:00 And the address is 1803 North Howard Avenue.
13:38:06 Thank you for giving me an opportunity to speak before you
13:38:08 this afternoon.
13:38:13 There is a lot of concern in West Tampa among residents, and
13:38:17 the population as to what does development mean for West
13:38:22 Tampa?
13:38:23 Does it mean that residents that live there will be forced
13:38:26 out of the community?
13:38:32 The West Tampa CDC is concerned he, and you know obviously
13:38:43 West Tampa --
13:38:49 This will show a little bit of what the plan is.
13:38:55 The plan is goal 3 of the West Tampa development plan, and
13:39:04 have an opportunity to stay in the community, and making
13:39:09 sure they are not in fact moved out of the community.
13:39:15 It's making residents feel part of the city, by the way.
13:39:27 We remove those obstacles to get to jobs in West Tampa.
13:39:40 The second thing is to create jobs and the pathway to
13:39:46 employment.
13:39:48 If everyone increased the number of residents in West Tampa,
13:39:53 residents say -- the next thing that we definitely want to
13:40:02 make sure that we increase the number of amenities to make
13:40:08 sure residents are not priced out of the market because they
13:40:11 can't afford to live in West Tampa.
13:40:13 So it becomes a key usual you in that.
13:40:16 Then we want to make sure that we increase the planning the
13:40:23 skills for making a living wage.
13:40:25 In order to be able to -- you have to provide those
13:40:33 individuals the skills necessary to do that.
13:40:37 An example that person working at McDonald's today, making
13:40:41 a minimum wage, comes to West Tampa, that because the
13:40:47 average rent in West Tampa is 500 and the average rent in
13:40:51 the city, and we want to work with those making minimum wage
13:41:00 to give them the skills and training necessary so they can
13:41:05 live in West Tampa.
13:41:10 We want to increase the job opportunities for folks in West
13:41:14 Tampa including those jobs in West Tampa and jobs out of
13:41:20 West Tampa.
13:41:20 We know that the CRA is creating jobs in West Tampa but we
13:41:26 want to make sure residents not only have an opportunity to
13:41:29 get a job in West Tampa but also beyond West Tampa, and we
13:41:33 try to uplift the community, and it is so important to us to
13:41:43 understand that it doesn't necessarily mean that residents
13:41:49 will be displaced, and we want to make sure that things are
13:41:52 in place to make it possible to enjoy the redevelopment
13:41:57 that's going on in West Tampa and they become part of the
13:42:01 process.
13:42:04 If I can put this on.
13:42:07 We have got a meeting coming up on the 29th which is
13:42:10 Monday to talk more about the redevelopment of West Tampa,
13:42:16 and we want anyone to come dialogue with the neighborhood.
13:42:23 Shareholders will be out during that particular meeting.
13:42:29 We want residents to know West Tampa redevelopment is going
13:42:32 to change the face of West Tampa, but it doesn't necessarily
13:42:36 mean that residents have to leave as a result of that, and
13:42:41 we commit to making sure that we set up those mechanisms
13:42:44 necessary in West Tampa, and again I want to thank Tampa
13:42:49 City Council for giving me an opportunity to make the
13:42:51 presentation, and that residents know that redevelopment in
13:42:54 West Tampa is a good thing.
13:42:57 Thank you.
13:42:57 (Bell sounds).
13:42:59 >>FRANK REDDICK: Thank you.
13:42:59 Does anyone else wish to speak at this time?
13:43:01 >> Good afternoon, chairman, council, men and women.
13:43:11 John Bowden.
13:43:19 Also a resident in Tampa area corporation for economic
13:43:26 opportunity.
13:43:28 I don't want to be redundant.
13:43:30 I appreciate, and I am happy that the CRA enacted going
13:43:40 through the process.
13:43:48 I have been learning procedures about how things work.
13:43:52 We are interested in economics.
13:44:01 Don't want displacement as part of the gentrification.
13:44:10 But we want a peaceful path.
13:44:15 That's economics, talking numbers, dollars, the percentage,
13:44:19 whatever, we want a piece of the pie.
13:44:21 We want to work with the city to make West Tampa and Tampa a
13:44:25 better place to live.
13:44:31 We want it to be the next great city.
13:44:33 Thank you.
13:44:34 And looking forward to working with you.
13:44:39 >>FRANK REDDICK: And Mr. Robinson come down and speak about
13:44:48 piece of the pie.
13:44:49 Anyone else wishing to speak at this time?
13:44:51 >> Motion to open.
13:44:52 >> So moved.
13:44:53 >> Second.
13:44:54 >>FRANK REDDICK: Motion by Mr. Miranda.
13:44:55 Second by Mr. Suarez.
13:44:56 Any discussion on the motion?
13:45:00 All right.
13:45:02 We move to number 82.
13:45:13 >> (off microphone)
13:45:17 An ordinance of the city of Tampa, Florida establishing a
13:45:21 redevelopment trust fund for the West Tampa community
13:45:23 redevelopment area providing for the administration of the
13:45:26 fund determining the tax increment to be deposited into the
13:45:30 fund, establishing the base year for determining assessed
13:45:33 values in the West Tampa community redevelopment area for
13:45:35 tax increment purposes, providing for the annual
13:45:38 appropriation of the tax increment by all taxing authorities
13:45:42 levying ad valorem tax in the West Tampa community
13:45:45 redevelopment area, pointing the governing body of the
13:45:48 Community Redevelopment Agency of the city of Tampa, Florida
13:45:51 as trustee of the fund, repealing all ordinances in conflict
13:45:54 herewith, providing an effective date.
13:45:55 >> Second.
13:45:58 >>FRANK REDDICK: I have a motion from Mr. Maniscalco, second
13:46:01 by Mr. Suarez.
13:46:03 Please record your vote.
13:46:04 >>CHARLIE MIRANDA: Not working.
13:46:36 (popping sounds).
13:46:43 >>FRANK REDDICK: We need to open up 83 through 89.
13:46:46 >> So moved.
13:46:46 >> Second.
13:46:47 >> A motion from Mr. Suarez.
13:46:49 Seconded by Mr. Cohen.
13:46:52 Discussion on the motion?
13:46:53 All in favor say aye.
13:46:55 Opposed?
13:46:56 Anyone that's going to speak on 83 through 89, please stand
13:46:59 and be sworn in.
13:47:00 (Oath administered by Clerk)
13:47:06 >> All right.
13:47:10 Need to get a motion to receive and file all documents.
13:47:13 >> So moved.
13:47:13 >> Second.
13:47:14 >>FRANK REDDICK: motion from Mr. Miranda.
13:47:15 Second by Mr. Cohen.
13:47:16 Discussion on the motion?
13:47:17 All in favor say aye.
13:47:19 Opposed?
13:47:20 All right, staff.
13:47:20 >> (off microphone) Feeley, land development.
13:47:40 83 through 89 which requires certification by the zoning
13:47:43 administrator have all been certified.
13:47:45 We do have copies of those, if any of you would like to be
13:47:48 review those files.
13:47:51 If not, any questions?
13:47:54 >> any questions by staff?
13:47:56 Seeing none, petitioner?
13:48:02 83.
13:48:06 >>GINA GRIMES: Hill, Ward, Henderson, 101 East Kennedy
13:48:08 Boulevard.
13:48:14 Oh, I'm sorry.
13:48:15 I thought we were on mine.
13:48:16 I apologize.
13:48:19 >>FRANK REDDICK: Item number 83.
13:48:21 (Laughter).
13:48:21 >>LISA MONTELIONE: I'm not sure if Mrs. Grimes is going to
13:48:27 bill your client.
13:48:28 >> Kami Corbett for the record here representing property
13:48:32 owner on item number 83.
13:48:34 I'm here if you have any questions.
13:48:38 We made site plan changes as requested by staff.
13:48:41 >>FRANK REDDICK: Questions from council?
13:48:42 Anyone in the public wish to speak on item number 83?
13:48:44 >> Move to close.
13:48:46 >> Second.
13:48:47 >>FRANK REDDICK: Motion from Mr. Miranda.
13:48:48 Second by Mr. Cohen.
13:48:49 Discussion on that motion?
13:48:50 Seeing none all in favor say aye.
13:48:53 Opposed?
13:48:54 Mr. Cohen, 83.
13:48:55 >>HARRY COHEN: I move an ordinance being presented for
13:48:59 second reading and adoption, an ordinance approving a
13:49:02 special use permit S-2 for alcoholic beverage sales,
13:49:06 bar-lounge consumption on premises only and making lawful
13:49:10 the sale of beverages regardless of alcoholic content, beer
13:49:14 wine and liquor, on that certain lot, plot or tract of land
13:49:17 located at 2301 North Dale Mabry highway, Tampa, Florida as
13:49:22 more particularly described in section 2, that all
13:49:25 ordinances or parts of ordinances in conflict are repealed,
13:49:28 providing an effective date.
13:49:28 >> I have a motion from Mr. Cohen.
13:49:32 Second by Mr. Suarez.
13:49:34 Please record your vote.
13:49:46 >>THE CLERK: (off microphone) motion carried with Capin not
13:49:58 present at vote.
13:49:59 >>FRANK REDDICK: Item 84.
13:50:00 Petitioner?
13:50:06 >>GINA GRIMES: Did I get up too soon?
13:50:08 Gina Grimes, Hill, Ward, Henderson, 101 Kennedy Boulevard,
13:50:12 suite 3700 and I'm here before you today representing aspire
13:50:16 hotels which is the applicant on this PD rezoning on south
13:50:19 Dale Mabry for a Marriott hotel.
13:50:21 I know there are some people in the audience that may want
13:50:24 to speak so I am going to go ahead and just reserve my time
13:50:26 for rebuttal and wait till after they speak if that's okay,
13:50:30 unless you will all have any questions for me up front.
13:50:33 >>FRANK REDDICK: Any questions from council? All right.
13:50:35 Anyone in the public wish to speak on item number 84?
13:50:39 Please come forward.
13:50:49 >> I'm Joyce Pfeiffer, property manager for the Fairoaks
13:50:54 condos.
13:50:55 I spoke to you at the meeting on June 11th.
13:50:58 Thank you for your time then and thank you for your time
13:51:00 today.
13:51:01 There's just a couple of things that I wanted to bring out.
13:51:04 I don't know that it's going to make any difference in your
13:51:07 decision, but just for the record, it was implied at the
13:51:10 last meeting by Mrs. Grimes that when the development at
13:51:14 Fairoaks took place that all the trees were removed.
13:51:19 Unfortunately, I have been around close to that time.
13:51:22 The majority of those trees were cover trees.
13:51:25 They were not protected trees.
13:51:27 We now have over 100 oak trees on the Fairoaks property that
13:51:31 we maintain and take care of, cost us in excess of $10,000
13:51:38 to maintain those trees.
13:51:40 I felt that for our community, it was just as critical on
13:51:44 our part to be opposing tree removal on a parcel of land
13:51:48 next door to the condos when it was implied that our
13:51:52 community in fact was barren at one time of trees and that
13:51:58 simply is not true.
13:52:00 The only other thing that I have to bring before you, I'm
13:52:04 still very concerned about the flooding.
13:52:07 The stormwater flooding at the Fairoaks community due to the
13:52:11 runoff at this land onto our property.
13:52:20 I had a senior moment when I spoke to you last time and you
13:52:22 asked me what that one cover was and I said I can't
13:52:26 remember.
13:52:26 It was a sewer clean-out, so I wanted to let you know that
13:52:32 before I sit down.
13:52:33 >> I don't think those moments are particular to seniors.
13:52:37 >> All right, all right.
13:52:38 I thank you for your time.
13:52:39 And I hope that the record will reflect that we are not
13:52:43 against development.
13:52:45 We do like to protect trees.
13:52:47 And we spend a lot of money protecting our trees.
13:52:51 And we want to be good neighbors, and we would ask in return
13:52:54 that some consideration be given to us.
13:52:58 Thank you.
13:52:59 >>FRANK REDDICK: Thank you.
13:52:59 Anyone else to speak on item number 84?
13:53:04 >> Thank you, council members.
13:53:10 Greg Sinadinos, 3811 north oak.
13:53:14 I have been sworn.
13:53:15 My main concern being here today, we are not opposing
13:53:19 anything, but when we spoke on June 11th, there was an
13:53:23 issue brought up about some landscape screening, some green
13:53:28 screening including bamboo.
13:53:31 And I believe council's motion if I read the transcript
13:53:34 correctly is the council passed a motion that was going to
13:53:38 require bamboo on the southern border of the property, and
13:53:44 looking at the transcript, I think it's about 7:08 p.m. and
13:53:48 12 second, Mrs. Grimes said that developer was proposing
13:53:51 putting the bamboo on the southern and western border of the
13:53:56 property, and when the council passed their motion, they
13:53:59 omitted the western boundary of the property.
13:54:03 So we are just here to ask that the council perhaps
13:54:06 reconsider that.
13:54:08 And also require that green screening on the western
13:54:11 boundary of the property as well.
13:54:14 Also, when it comes to bamboo, there's many species of
13:54:17 bamboo. Some are invasive and some are noninvasive.
13:54:21 The invasive species of bamboo, the tubular plants grow
13:54:27 underground, will creep onto our property and it's very,
13:54:30 very difficult to get rid of.
13:54:31 So we would just ask in your motion to correct the western
13:54:36 boundary as well, is that you require it to be noninvasive
13:54:40 species of bamboo.
13:54:42 So that's the main reason I'm here.
13:54:47 The secondary reason, I don't even know if this is possible
13:54:50 but I know there's going to be some considerable amount of
13:54:53 moneys put into the tree fund, since all these trees are
13:54:57 going to be taken down there, and we would just ask the
13:55:00 council to perhaps by way of motion encourage the tree fund
13:55:03 to use those funds in our Fairoaks Manhattan manor
13:55:10 neighborhood to the extent allowable or possible.
13:55:13 I don't know where those trees are going to be built, but we
13:55:16 would just ask for some consideration that those trees be
13:55:19 put back in our neighborhood.
13:55:22 Representing our Board of Directors, our Board of Directors
13:55:25 had asked me to ask the council and the developer in a good
13:55:31 neighbor fashion that instead of the white PVC fence that
13:55:35 they are proposing that is six feet, we would like to
13:55:38 request that perhaps a cinderblock wall.
13:55:44 Mrs. Feeley was nice enough and Mrs. Grimes was nice enough
13:55:47 to explain ton me that if you change the fence on the site
13:55:49 plan it may have to go back oh a first reading.
13:55:52 It's not our intention to oppose the hotel any further.
13:55:57 We want to be good neighbors, but we think that for security
13:56:00 and noise abatement that putting in a cinderblock wall would
13:56:05 be a great advantage to our community next door.
13:56:09 And that's all I have to say.
13:56:10 I appreciate it.
13:56:12 >>FRANK REDDICK: Thank you.
13:56:12 Anyone else wishing to speak at this time?
13:56:14 >> My name is Stephani Corlita and I have been sworn, 3810
13:56:33 North Oak Drive, unit N-31 at Fairoaks condominiums and I
13:56:37 have lived there for a considerable number of years like 30
13:56:41 years.
13:56:42 Some of my comments may well or should have been probably
13:56:46 said during the first reading, but this is my opportunity,
13:56:49 and I wanted to take it.
13:56:55 Your planning department indicated that we were sitting in
13:57:01 an activity area that would accommodate the hotel, and
13:57:05 that's fine.
13:57:07 However, that same activity area is now accommodating two
13:57:11 residential areas, the apartment building grand key and
13:57:18 ourselves, plus there's Manhattan manor directly behind us,
13:57:23 so that perhaps some consideration of that change in the
13:57:29 activity area, perhaps you all should have paid a little
13:57:32 more attention to that, nothing that at the time that
13:57:40 consideration couldn't have been made.
13:57:41 My other concern is proximity.
13:57:43 Proximity of the hotel to some of our buildings.
13:57:49 They come within nine feet of our buildings, and those nine
13:57:53 feet that directly affect some of our residents and our
13:58:02 owners, you can see right into their front doors.
13:58:06 Their kitchens, their patios, you know, whatever.
13:58:10 And that's the consideration for the wall as well.
13:58:14 That road that they are building goes right by there.
13:58:19 So there's an issue of, one, people being able to look into
13:58:25 your condo.
13:58:27 Three, the noise.
13:58:31 Other things that come with living near a hotel.
13:58:37 The second, third and fourth floors of the hotel come within
13:58:40 three feet of our fence line, which means that comes within
13:58:45 nine feet of our building.
13:58:48 And the only other thing that I really wanted to mention was
13:58:51 you all have put a lot of time and effort and wonderful
13:58:56 effort in creating neighborhood associations.
13:59:01 We have a lot of representation from our neighborhood.
13:59:04 We had 740 letters of opposition that were signed by the
13:59:09 residents in the manor and Fairoaks, 25 instances, and we
13:59:20 appreciate attention to them.
13:59:22 Thank you.
13:59:23 >>FRANK REDDICK: Thank you.
13:59:23 Anyone else?
13:59:25 Petitioner?
13:59:32 >>GINA GRIMES: I wanted to address first the issue of the
13:59:35 changes to the site plan.
13:59:37 I just checked with Mrs. Feeley and any changes that we make
13:59:41 at this point whether we will be willing to make them or not
13:59:44 would require us to go back to first reading.
13:59:47 So that does present a problem for us right up front.
13:59:50 On the issue of committing to noninvasive bamboo, my client
13:59:56 would be willing to agree to that.
13:59:59 Again, you don't want to have to amend the site plan and go
14:00:02 back to first reading.
14:00:04 As to the issue of whether or not we would put the bamboo on
14:00:06 the western boundary of the property and -- I will put up
14:00:11 the site plan to see where I am talking about.
14:00:14 Likewise we would be willing to agree to that.
14:00:17 And Mr. Sinadino is correct, I think I might have even
14:00:24 referenced it during my speaking and the motion didn't
14:00:29 include the southern boundary, but my client would be
14:00:33 willing to ... the southern boundary but also the Fairoaks
14:00:44 property on this side.
14:00:47 (off microphone)
14:00:49 We would be willing to address both of those issues, but
14:00:52 again it would have to be a commitment on our part to do
14:00:55 that.
14:00:58 The last issue as far as the masonry block wall in place of
14:01:03 the PVC fence, the one thing I wanted to point out in this
14:01:07 instance and in these circumstances, adjacent to the
14:01:14 condominiums only requires a 10-foot buffer area, does not
14:01:17 require a fence, it does not require a wall.
14:01:20 Because we were reducing the 10-foot buffer area to 3 feet
14:01:25 in certain locations, we agreed upfront to also install the
14:01:31 PVC fence.
14:01:32 And the reason we chose PVC is Fairoaks already has PVC
14:01:37 fence along a portion of their property, about one third of
14:01:39 the way back.
14:01:40 We would match that existing fence, and not only put it
14:01:44 along this boundary and the western boundary but the entire
14:01:48 northern boundary and on the western boundary and on the
14:01:50 southern boundary in addition to the fence, we would also
14:01:53 agree to the bamboo.
14:01:55 So we think the bamboo and the PVC fence are both
14:02:03 inaccessible as the code requires and constitute sufficient
14:02:06 mitigation for reduction of the buffer area along the
14:02:08 portion of the site where the buildings are right now.
14:02:16 We will be within three feet but no building in this 60-foot
14:02:22 distance right here, three foot away.
14:02:25 I don't think that it's necessary for me to go back over the
14:02:35 various testimony that was -- and evidence submitted at the
14:02:39 public hearing on the 11th, but I will just mention that
14:02:41 we did have several experts, planning report, economic
14:02:45 report, arborist with tree and landscape plan,
14:02:49 transportation expert, all of that evidence and testimony
14:02:53 constitutes really the only competent, substantial evidence
14:02:56 that you have on the record that evening, and with that we
14:02:59 would request your approval of this PD with our commitment
14:03:03 to make those additional changes on the western boundary.
14:03:07 To add the bamboo to that portion of the site.
14:03:10 >>FRANK REDDICK: Any questions of staff?
14:03:15 Council?
14:03:15 >>HARRY COHEN: I wanted to make a quick comment related to
14:03:20 the point that was brought up about stormwater and flooding,
14:03:23 because I think it's important to go back to that for a
14:03:27 minute, particularly in light of the fact that during the
14:03:32 rest of the summer we are going to be talking a lot about
14:03:34 what we can do to mitigate some of our stormwater problems.
14:03:37 It's my recollection that this application, this proposal,
14:03:42 contains a large stormwater culvert that's being installed
14:03:47 at the back end of the property, and it would be my sense
14:03:53 from looking at this site plan that the stormwater issues in
14:03:57 the area should be greatly improved by the culvert, not
14:04:02 exacerbated and made worse.
14:04:05 >>GINA GRIMES: That's correct.
14:04:05 And that's also SWFWMD and city standard is you cannot
14:04:09 increase the flow of water off the site post-development as
14:04:13 in predevelopment, and you are correct, this is a PD site
14:04:18 plan and on here you can see the outline of a very large
14:04:22 underground stormwater vault.
14:04:25 It's marked as underground vault which will retain water ...
14:04:34 (off microphone)
14:04:36 So it's -- this development will have no impact on the
14:04:40 adjacent development as far as that stormwater is concerned.
14:04:45 It will be contained on-site and then will be carried
14:04:47 off-site.
14:04:48 >>HARRY COHEN: Just to be address one of the other issues
14:04:51 brought up, I don't think we can require the city's tree
14:04:53 fund to spend the money in a particular location, but what
14:04:56 we can do is certainly ask them to do that and encourage
14:05:00 them to do that and try to meet with them about doing it.
14:05:03 I don't think we can make them in this application, though.
14:05:10 >>GINA GRIMES: We are contributing dollar valuewise 110
14:05:14 two-inch trees and it's my understanding the city goes out
14:05:18 into neighborhoods and plants those trees.
14:05:20 I thought it was on the right-of-way but it may be in
14:05:24 certain instances on private property.
14:05:26 >>HARRY COHEN: There was some testimony given last time
14:05:28 that this particular neighborhood and the area adjacent to
14:05:31 it has fallen below some of our aspirational goals for tree
14:05:37 cover so it would make sense that the natural resources
14:05:41 department would be willing, I would think, to use some of
14:05:44 this money or all of this money in that specific area, and
14:05:49 I'll follow up with them but I don't think we can make it a
14:05:52 condition of the application.
14:05:54 >>FRANK REDDICK: Any other questions?
14:05:57 Motion to close?
14:05:59 Motion to close by Mrs. Montelione, second by Mrs. Capin.
14:06:02 Any discussion on the motion?
14:06:04 All right.
14:06:06 Mrs. Capin, would you read number 84?
14:06:11 >>YVONNE CAPIN: An ordinance being presented for second
14:06:13 reading and adoption, an ordinance rezoning property in the
14:06:16 general vicinity of 4501-4505 South Dale Mabry Highway in
14:06:22 the city of Tampa, Florida and more particularly described
14:06:25 in section 1 from zoning district classifications PD planned
14:06:29 development, residential single-family attached, to PD,
14:06:32 planned development, hotel, providing an effective date.
14:06:37 Including in the site plan the amended -- to be amended to
14:06:43 include the revisions -- oh, it's done.
14:06:45 I don't have to be say that.
14:06:47 That was the first one.
14:06:48 Okay, done.
14:06:50 And we discussed the bamboo.
14:06:52 So that's it.
14:07:07 Lull after lunch.
14:07:08 >>FRANK REDDICK: We have a motion by Mrs. Capin.
14:07:10 Second by Ms. Montelione.
14:07:12 Please record your vote.
14:07:13 >>THE CLERK: Motion carried with Maniscalco and Mr. Cohen
14:07:37 voting no.
14:07:39 >>FRANK REDDICK: Item number 85.
14:07:40 >>ABBYE FEELEY: Item 85 is a rezoning application that you
14:07:50 also heard on June 11th located at Himes, Osbourne and
14:07:55 north emerald.
14:07:56 This is the Jesuit high school site with rezoning to PD.
14:08:00 That night I verbally got on the record and removed the
14:08:03 objection from transportation related to the access to the
14:08:07 local street.
14:08:10 I had communicated to transportation that it was my
14:08:12 understanding it was not increased student population
14:08:16 associated with this application.
14:08:20 There was, in fact, an increase from the last special use,
14:08:25 which was granted in 01, for 675 students, and now their
14:08:34 existing population is actually student population is 750,
14:08:38 and under this application they are asking for 950 maximum.
14:08:44 So given that it is an actual increase in intensity, the
14:08:49 objection and inconsistent finding from transportation
14:08:52 related to the access of the local still stands.
14:08:55 So the way it's written in my staff report is correct, the
14:08:59 way I verbally corrected it was incorrect, so I wanted to
14:09:02 come before you and make sure that I corrected all of that
14:09:05 for the record
14:09:09 Also, with me today, Melanie Calloway from our
14:09:12 transportation planning section is here.
14:09:15 I believe there may have been some discussion related to
14:09:17 truck routes or truck accessing this site, and what code
14:09:23 requires as far as that goes, and she is available as well
14:09:28 to discuss any questions that council may have in relation
14:09:33 to truck access for the site and city regulations required
14:09:38 to do that.
14:09:39 All that being said, site plan, I did certify the site
14:09:43 plans.
14:09:44 All other modifications were made accurately, and the case
14:09:47 may proceed to second reading.
14:09:49 Thank you.
14:09:50 >>FRANK REDDICK: Questions from council?
14:09:58 >>GINA GRIMES: Hill, Ward, Henderson, 101 East Kennedy
14:10:00 Boulevard, representing Jesuit high school in this PD
14:10:05 application.
14:10:06 As far as the student population, I mentioned at the hearing
14:10:11 on the 11th, but this proposal, this PD, was intended to
14:10:16 implement Jesuit's ten year master plan.
14:10:20 As we mentioned we are adding almost 100,000 square feet of
14:10:24 building to the property, and it was to upgrade, not only to
14:10:27 upgrade and update the aging facilities, but it also was
14:10:31 intended to accommodate an increase over the next ten years.
14:10:36 The only place on the site plan where the student population
14:10:40 is even mentioned is with respect to the parking
14:10:44 requirements.
14:10:44 And on there I don't know if it was 900 or 950.
14:10:50 It's 900.
14:10:51 And the parking required for 900 students is only 171
14:10:55 spaces.
14:10:55 We are providing 500.
14:10:57 So we are well in excess of the parking requirements as far
14:11:00 as the student population is concerned.
14:11:06 Similarly, just to give you a comfort level as far as the
14:11:08 size of this site and the student population, it's a 34-acre
14:11:12 site that eventually will have hopefully 900 students.
14:11:18 The academy has 900 students on only 19 acres.
14:11:21 Jefferson high school, I know there's some poem on the
14:11:25 council that are alumni of Jefferson, and that's 1600
14:11:29 students just in the high school on 52 acres so a little bit
14:11:33 more space.
14:11:34 Then you have Tampa prep, they have 645 in their high school
14:11:39 and that's only on 11 acres.
14:11:41 So with 900 on 34 we feel that's proportionate to other area
14:11:44 high schools, private and public.
14:11:48 I'm not going to go into it again, the entire presentation,
14:11:52 but we did work extensively with the neighborhood
14:11:55 association to incorporate a lot of issues that they
14:11:58 requested we address including buffering, operational
14:12:02 standards, and especially the transportation improvements,
14:12:05 and lastly, we did agree to a communication protocol where
14:12:08 Jesuit now would be in direct contact with the neighborhood
14:12:12 president to let them know when any changes were occurring,
14:12:16 when construction was going to occur, how long it would
14:12:19 last, what the routes would be.
14:12:20 They really developed a really strong relationship as far as
14:12:25 communication is concerned.
14:12:25 So with that, if you have any other questions, I would be
14:12:28 happy to answer them.
14:12:30 >>FRANK REDDICK: Any questions by council?
14:12:33 >>MIKE SUAREZ: Mrs. Grimes, I think when we talked about
14:12:35 the trucking, it was about trying to accommodate some type
14:12:38 of reasonable time to have deliveries and so on, and the
14:12:44 communication aspect would be not only better planned
14:12:47 through the neighborhood, but also some of the things that
14:12:50 you just mentioned.
14:12:51 So I just want to make sure that we are clear about that,
14:12:54 and I think we are.
14:12:55 >> Yes, all of those are note on the site plan.
14:12:58 >>MIKE SUAREZ: Thank you, chair.
14:13:01 >>YVONNE CAPIN: And the Jesuit that I went to had 600
14:13:05 students.
14:13:05 >>MIKE SUAREZ: There's only one Jefferson.
14:13:13 >>FRANK REDDICK: Any questions by council?
14:13:14 Anyone in the public want to speak on item number 85?
14:13:19 Seeing none, motion to close?
14:13:21 >>MIKE SUAREZ: Move to close.
14:13:23 >>FRANK REDDICK: We have a close from Mr. Suarez, second by
14:13:26 Ms. Capin.
14:13:27 All those in favor of the motion say aye.
14:13:30 Opposed?
14:13:32 >>MIKE SUAREZ: I present an ordinance for second reading
14:13:34 and adoption, an ordinance rezoning property in the general
14:13:37 vicinity of 4701 north Himes Avenue, 3408, 3406, 3404, 3402
14:13:44 and 3322 west Osborne Avenue, and 4612 and 4616 north
14:13:53 emerald Avenue in the city of Tampa, Florida and more
14:13:56 particularly described in section 1 from zoning district
14:13:59 classifications RS-60 residential single-family to PD
14:14:02 planned development, school, providing an effective date.
14:14:05 >>HARRY COHEN: Second.
14:14:08 >>FRANK REDDICK: I have a motion from Mr. Suarez.
14:14:09 Seconded by Mr. Cohen.
14:14:13 Record your vote.
14:14:14 >>THE CLERK: (off microphone) motion carried.
14:14:28 >>FRANK REDDICK: Item number 86.
14:14:30 >>STEVE MICHELINI: I'm here representing the owners of the
14:14:40 property.
14:14:41 And this is a straight rezoning.
14:14:43 This is not a PD.
14:14:44 And it's designed to consolidate and correct a number of
14:14:47 inconsistencies within their property and bring them all
14:14:51 under one zoning classification, CI.
14:14:54 It's a redevelopment project.
14:14:59 I respectfully request your approval.
14:15:06 >>FRANK REDDICK: Anyone in the public wish to speak on item
14:15:07 number 86?
14:15:10 >> Move to close.
14:15:11 >> Second.
14:15:12 >>FRANK REDDICK: Motion by Ms. Capin.
14:15:14 Second by Mr. Cohen.
14:15:16 Discussion on the motion?
14:15:17 Seeing none, Mr. Miranda.
14:15:18 >>CHARLIE MIRANDA: Move an ordinance for second reading and
14:15:23 adoption, an ordinance rezoning property in the general
14:15:26 vicinity of 2502, 2506, 2508, 2510 and 2520 north 50th
14:15:31 street in the city of Tampa, Florida and more particularly
14:15:33 described in section 1 from zoning district classifications
14:15:36 CG commercial general CI commercial intensive and RM-16
14:15:39 residential multifamily to CI commercial intensive providing
14:15:42 an effective date.
14:15:42 >> Second.
14:15:44 >>FRANK REDDICK: Motion from Mr. Miranda, seconded by Mr.
14:15:47 Suarez.
14:15:47 Please record your vote.
14:15:49 >> Motion carried unanimously.
14:16:01 >>FRANK REDDICK: Item number 87.
14:16:03 >>STEVE MICHELINI: This is a redevelopment project that
14:16:05 involves an air conditioned storage, and we made the
14:16:08 corrections that were requested on the site plan.
14:16:12 We respectfully request your approval.
14:16:15 >>FRANK REDDICK: Any questions from council?
14:16:17 Anyone in the public wish to speak on item number 87?
14:16:22 Seeing none do we have a motion?
14:16:24 >> Motion to close.
14:16:25 >> Second.
14:16:27 >>FRANK REDDICK: I have a motion from Mr. Suarez.
14:16:32 All in favor say aye.
14:16:34 Opposed?
14:16:35 All right, Mrs. Montelione.
14:16:37 87.
14:16:37 >>LISA MONTELIONE: (off microphone) I move an ordinance for
14:16:46 second reading and adoption, an ordinance rezoning property
14:16:49 in the general vicinity of 808 north Rome Avenue in the city
14:16:52 of Tampa, Florida and more particularly described in section
14:16:54 1 from zoning district classifications IG industrial general
14:16:57 to PD planned development, air conditioned, self-storage,
14:17:01 providing an effective date.
14:17:01 >> Second.
14:17:04 >>FRANK REDDICK: Motion from Mrs. Montelione.
14:17:05 Seconded by Mr. Cohen. Please record your vote.
14:17:17 >>THE CLERK: Motion carried unanimously.
14:17:19 >>STEVE MICHELINI: Thank you, council.
14:17:22 >>FRANK REDDICK: Number 88.
14:17:31 >>GINA GRIMES: Hill, Ward, Henderson, 101 East Kennedy
14:17:34 Boulevard, and I am representing value pawn from CG to CI.
14:17:41 I'm available if you have any questions.
14:17:43 >>FRANK REDDICK: Questions from council?
14:17:45 Anyone in the public wish to speak on item number 88?
14:17:48 >>CHARLIE MIRANDA: Move to close.
14:17:49 >> Second.
14:17:50 >>FRANK REDDICK: Motion by Mr. Miranda, second by Mr. Cohen.
14:17:52 Any discussion on the motion?
14:17:58 It should be 88.
14:18:04 All in favor of the motion?
14:18:06 Opposed?
14:18:08 >>GUIDO MANISCALCO: (off microphone) an ordinance rezoning
14:18:13 property in the general vicinity of 3102 west Hillsborough
14:18:16 Avenue in the city of Tampa, Florida and more particularly
14:18:18 described in section 1 from zoning district classifications
14:18:21 CG commercial general to CI commercial intensive providing
14:18:25 an effective date.
14:18:25 >> Second.
14:18:27 >>FRANK REDDICK: I have a motion from Mr. Maniscalco,
14:18:29 seconded by Mr. Suarez.
14:18:32 Please record your vote.
14:18:39 >>THE CLERK: Motion carried unanimously.
14:18:42 >>FRANK REDDICK: Item number 89.
14:18:57 >>GINA GRIMES: Hill, Ward, Henderson, 101 East Kennedy
14:18:59 Boulevard, suite 3700, and I am representing quality dining,
14:19:04 Inc., which is the applicant on the redevelopment of this
14:19:07 Burger King on MLK.
14:19:09 I'm available if you have any questions.
14:19:11 >>FRANK REDDICK: Any questions from staff, or of staff from
14:19:15 council? Anyone wishing to speak on number 9?
14:19:19 >> Move to close.
14:19:19 >> Motion by Mr. Miranda.
14:19:21 Seconded by Ms. Capin.
14:19:23 All in favor?
14:19:23 Opposed?
14:19:24 All right.
14:19:26 Number 89.
14:19:27 >>HARRY COHEN: I move an ordinance being presented for
14:19:30 second reading and adoption.
14:19:31 An ordinance rezoning property in the general vicinity of
14:19:34 2506 west Dr. Martin Luther King Jr. Boulevard in the city
14:19:39 of Tampa, Florida and more particularly described in section
14:19:41 1 from zoning district classifications CG commercial general
14:19:45 and RO-1 residential office to PD, planned development,
14:19:50 restaurant with drive-in window, providing an effective
14:19:52 date.
14:19:52 >> Second.
14:19:54 >>FRANK REDDICK: Motion by Mr. Cohen.
14:19:55 Seconded by Mr. Suarez.
14:19:59 Record your vote.
14:20:09 >>THE CLERK: Try again.
14:20:15 Motion carried with Miranda voting no.
14:20:21 >>FRANK REDDICK: Item number 90.
14:20:23 Public hearing.
14:20:23 >>SAL TERRITO: Legal department.
14:20:27 We are here for a tax fiscal responsibility -- oh, excuse
14:20:32 me, I'm sorry.
14:20:33 >> Move to open 90 through 93.
14:20:38 >> Second.
14:20:39 >>FRANK REDDICK: Seconded by Mr. Cohen.
14:20:40 All in favor say aye.
14:20:41 Opposed?
14:20:42 >>SAL TERRITO: We are here for a tax equity fiscal
14:20:45 responsibility act, TEFRA act, public hearing requirement
14:20:48 for the Academy of Holy Names, that is asking the city to do
14:20:52 a bond issue of $12 million to help them with some of their
14:20:56 refinancing and reconstruction.
14:20:57 As you know, in these things, the city has no fiscal
14:21:01 responsibility.
14:21:01 We do receive a fee for this.
14:21:07 We have to close the public hearing first.
14:21:09 It is a resolution but you have to have the public speak
14:21:13 first if anyone is here to speak on it.
14:21:15 >>FRANK REDDICK: Any discussion from council?
14:21:16 Anyone in the public wish to speak on item number 90?
14:21:20 >>CHARLIE MIRANDA: Move to close.
14:21:21 >> Second.
14:21:22 >>FRANK REDDICK: Motion by Mr. Miranda.
14:21:23 Second by Mr. Cohen.
14:21:24 All in favor of the motion?
14:21:26 >>CHARLIE MIRANDA: Move the resolution.
14:21:27 >> Second.
14:21:28 >>FRANK REDDICK: Motion by Mr. Miranda.
14:21:29 Second by Mr. Cohen.
14:21:30 Discussion on the motion?
14:21:31 All in favor say aye.
14:21:32 Opposed?
14:21:34 Motion carried.
14:21:41 We opened through 93, correct?
14:21:43 Anyone wishing to speak on 91, 92 or 93, please stand to be
14:21:47 sworn.
14:21:48 (Oath administered by Clerk)
14:21:54 >>FRANK REDDICK: Item number 91.
14:21:59 >>THE CLERK: You have continued the land rezoning in the
14:22:16 first public hearing, July 23rd.
14:22:20 >> Move to continue to August 6th at 10:30 a.m.
14:22:23 >> Second.
14:22:24 >>FRANK REDDICK: We have a motion from Mr. Cohen.
14:22:26 Seconded by Mrs. Montelione.
14:22:27 All in favor of that motion say aye.
14:22:30 Opposed?
14:22:30 Motion carried.
14:22:31 >>MARTIN SHELBY: Also in connection with number 91, I
14:22:35 believe a substitute has been submitted but has not been
14:22:38 accepted by council, if you could do a motion to accept the
14:22:42 substitute.
14:22:42 >> Move to accept the substitute.
14:22:44 >> Second.
14:22:45 >>FRANK REDDICK: Motion from Mrs. Montelione.
14:22:46 Second by Mrs. Capin.
14:22:48 All in favor of that motion say aye.
14:22:50 Opposed?
14:22:51 Okay.
14:22:52 Item number 92.
14:23:00 >> Good afternoon, City of Tampa attorney's office.
14:23:07 Shaun Amarnani. This is a review on property located at 326
14:23:16 and 330 south Hyde Park Avenue.
14:23:18 This will be a de novo hearing on the Architectural Review
14:23:21 Commission decision based on the standard of section 27-61 J
14:23:30 2 of the city code.
14:23:31 I passed out the architectural review commission standards
14:23:33 and highlighted the review criteria for granting under
14:23:37 27-115.
14:23:40 That's under page 7 that's highlighted in yellow.
14:23:45 Of the architectural review commission.
14:23:47 City code
14:23:50 City Council, after a decision of the board and hearing
14:23:53 evidence and testimony, may either affirm the Architectural
14:23:57 Review Commission decision and remand the matter back to the
14:24:01 board for further proceedings, with directions on how to --
14:24:06 how the board failed to comply with the standards of the
14:24:08 code, or they may overturn the decision of the board.
14:24:10 >> Good afternoon.
14:24:19 I'm Ron Villa, planner for historic preservation.
14:24:22 At this time I would like to do a quick presentation to
14:24:25 bring you up to speed of exactly what's at hand today.
14:24:31 I'm going to start out with a quick photo presentation.
14:24:46 This first illustration is on the city map.
14:24:48 The red line indicates it is governed by the ARC in the
14:24:52 local district on Hyde Park, where the arrow on the top
14:24:55 right hand corner.
14:25:00 I am zeroing in on that intersection.
14:25:02 You are familiar with the streets fronting the property.
14:25:05 Property in question is highlighted in the green box.
14:25:07 You see the red line and see that it is within the Hyde Park
14:25:11 historic district.
14:25:12 As you move from Platt Avenue south towards Davis Island,
14:25:17 Hyde Park Avenue is a one-way street, and this is on Davis
14:25:22 Island, off of Davis Island of the you have DeLeon to the
14:25:28 south.
14:25:29 You have Hyde Park Avenue.
14:25:31 That's the property front.
14:25:32 And then you have Platt to the north.
14:25:43 This will help you get your bearings on the property
14:25:45 location.
14:25:47 Indicated in the gren box.
14:25:48 You have Platt Avenue to the north.
14:25:49 Hyde Park Avenue is the frontage in question.
14:25:54 And a one-way street to Davis Island.
14:25:58 Then you have Bayshore Boulevard to the south.
14:26:03 This is looking back at the property.
14:26:09 This structure is in a deteriorated state, the owners
14:26:17 allowed it to get into the state it is in today.
14:26:19 This is a contributing structure.
14:26:21 This is Hyde Park Avenue.
14:26:24 Empty parcel to the south.
14:26:27 It has been approved for new construction by the owners that
14:26:32 will address council in a minute.
14:26:33 If you look at this pole it will kind of give you a
14:26:37 reference as I go through my photo presentation to give you
14:26:40 kind of a boundary of where you are at.
14:26:44 Some of the fabric that liness the street.
14:26:47 This is a contributing structure that dates back to the
14:26:49 early 1900s.
14:26:50 This is to the south.
14:26:55 Directly across the street, you have a mid rise, mid century
14:27:00 modern.
14:27:03 This is pulling back a little bit, looking at the one-way
14:27:07 street.
14:27:07 As you go down Hyde Park Avenue toward Davis Island.
14:27:13 I referred to it and the indication that you are entering
14:27:16 Davis Island and Tampa General that's ahead.
14:27:21 The property in question is just right under that pole.
14:27:27 This is around the other direction, against the grain of the
14:27:32 traffic.
14:27:32 To the north property in question over here.
14:27:34 Just to give you a general sense of the area from the
14:27:38 street, to the curbing, now the sidewalk on both sides of
14:27:42 the street.
14:27:43 And just a general indication.
14:27:47 This was not consistent with the Hyde Park historic
14:27:53 standards, and I wanted to show and put into the record just
14:27:56 two blocks anywhere within Hyde Park.
14:27:59 If you look at the fabric, at the very urban environment,
14:28:02 once again you have the street.
14:28:04 You have the curbing.
14:28:05 You have the parkway.
14:28:09 The shade vegetation.
14:28:12 Then you have sidewalk.
14:28:13 You have retaining walls that define the property.
14:28:16 And a very open front yard feeling.
14:28:21 And just the random block within Hyde Park that illustrates
14:28:27 within the district.
14:28:32 At this point I want to share with you a little bit of the
14:28:34 history that's associated with this site.
14:28:38 And the months of 2014 the current owners have come forward
14:28:43 with their renovation to the historic project there as well
14:28:48 as coming forward with new construction for a single-family
14:28:51 residence to the south and accessory structure for
14:28:58 automobiles.
14:28:59 As part of the that review there was fencing attached to
14:29:01 that application, and I would like to share that with you.
14:29:05 This site plan was reviewed and approved by the architecture
14:29:34 review commission.
14:29:34 This is the historic structure to the north from Hyde Park
14:29:37 Avenue.
14:29:39 The renovations were consistent with our criteria.
14:29:41 The new garage for the automobiles.
14:29:47 New construction single-family residence that also faces
14:29:50 Hyde Park.
14:29:51 Swimming pool.
14:29:54 There was consideration to the trees that were on-site.
14:29:57 The different colors on the site plan indicate what was
14:29:59 approved.
14:30:02 The pink indicates what was reviewed and assumed by
14:30:05 architecture review commission.
14:30:07 And then the yellow indicates what was denied by the ARC and
14:30:12 what's in front of you today.
14:30:13 So they do have a large parcel that was encapsulated in the
14:30:18 rear so the family could enjoy their property, and currently
14:30:21 the applicant is going to come forward and address why they
14:30:23 feel they need a front yard fence.
14:30:43 >>HARRY COHEN: Are we going to be shown some photographs of
14:30:46 any of it?
14:30:47 >> Of this?
14:30:48 >>HARRY COHEN: Yes.
14:30:49 >> As part of my presentation as I conclude and if you want
14:30:54 information I'll see what I can get for you.
14:30:59 The findings of fact at the public hearing for the front
14:31:02 yard fence was the application was inconsistent with the
14:31:05 Hyde Park design guidelines, and when we review a project we
14:31:09 have a narrow scope.
14:31:10 These are the guidelines than we use.
14:31:13 And on page 101 of the standards, it is not permissible to
14:31:26 locate fences in the front yard setback or upon a building
14:31:31 line of existing structures.
14:31:32 So that's why staff felt it was inconsistent with the
14:31:35 criteria that we have.
14:31:38 Also, the board's decision to deny under the same as noted
14:31:45 on page 101 with the Hyde Park guidelines that it's not
14:31:48 permissible to locate fences in the front yard setbacks or
14:31:53 the front building line of existing structures, and that was
14:31:56 approved to deny 6 to zero.
14:32:00 I believe that concludes staff's portion of the
14:32:05 presentation.
14:32:06 At this time I would like the applicant to come forward.
14:32:08 And if you need additional information, please let me know.
14:32:11 Thank you.
14:32:14 >>FRANK REDDICK: Any questions from council?
14:32:25 Let me ask you, have you been sworn in?
14:32:28 >> Yes.
14:32:31 >>FRANK REDDICK: Okay.
14:32:52 >> Good afternoon.
14:32:56 Basically --
14:32:58 >> State your name.
14:32:59 >> Jason Mize, 326 Hyde Park Avenue.
14:33:08 And we have three kids and one on the way.
14:33:11 We bought this house.
14:33:14 I would like to point out -- okay.
14:33:24 So basically, we are the only single-family residence
14:33:29 structure on the sidewalk.
14:33:31 We are surrounded by commercial.
14:33:34 We have old attorney's office next to us, the parking lot,
14:33:42 the commercial building to the north.
14:33:44 We are literally the only single-family residential
14:33:47 structure.
14:33:52 You might ask, why would you buy the property if it's
14:33:54 surrounded by commercial?
14:33:55 Well, I'll tell you.
14:33:56 It's a beautiful 1903 structure.
14:34:01 A lot of resources, time, effort.
14:34:06 It's got a big lot to the south that we own, and going to
14:34:12 have developed as part of our house, pool.
14:34:25 I love Hyde Park.
14:34:32 The only downfall was, you know, on that road is a one-way
14:34:38 street.
14:34:41 A beautiful picture of the Hyde Park neighborhood but ours
14:34:44 isn't like that.
14:34:46 You have ambulances screaming by, every half hour, you have
14:34:49 cars going 50, 60 miles per hour which doesn't happen on the
14:34:52 street that he showed.
14:34:53 We are surrounded by commercial.
14:35:01 They do feed the homeless, the vagrants several times a
14:35:05 week, which those vague vagrants walk right by our house,
14:35:09 and with no fence --
14:35:11 >> On the property, on the porch, people have opened my
14:35:16 front door before.
14:35:17 >> But we had a very unique situation.
14:35:23 And I want to show you a couple of homes that actually do
14:35:26 have fences to the sidewalk.
14:35:37 This is our house with a fence to the sidewalk.
14:35:44 This is another home.
14:35:49 South Hyde Park Avenue that has a fence to the sidewalk.
14:35:54 This was one where Swann meets Bayshore.
14:36:01 Sidewalk.
14:36:11 This one approved by City Council.
14:36:15 That's on Bayshore.
14:36:18 The sidewalk.
14:36:24 I think again what was communicated to us was although they
14:36:29 couldn't approve it, because the guidelines are in black and
14:36:32 white, they don't have the power, the flexibility to go
14:36:36 outside the guidelines but City Council does, and it would
14:36:40 be mitigated that way.
14:36:42 They believed in the argument but they didn't have the power
14:36:45 to go outside the guidelines.
14:36:47 We are in a very unique situation surrounded by commercial.
14:36:52 Again with the ambulances, vagrants, safety is our number
14:36:58 one concern.
14:37:13 There is a fence already in place to the northern -- see
14:37:15 that fence there?
14:37:16 That's our northern property line.
14:37:17 There's already a fence there.
14:37:18 So we are looking to just put a fence over here.
14:37:37 That's really it.
14:37:38 We are just doing it for the safety.
14:37:40 Moved in in December.
14:37:41 Love the house.
14:37:41 We are just trying to utilize the front yard which is the
14:37:45 whole reason.
14:37:47 >> And really, I mean, can open the door, even three year
14:37:52 olds can open the door and I do everything, and I'm afraid
14:37:58 on a daily basis that he can get out and just run around the
14:38:01 yard or throw a toy and run after it and there are cars
14:38:05 sometimes racing 50 miles per hour.
14:38:07 We called the police to come out, and, you know, try to help
14:38:10 with monitoring the speed, but there's literally people
14:38:14 racing to the bridge daily.
14:38:19 So it's a huge concern.
14:38:24 >>FRANK REDDICK: Mr. Suarez?
14:38:25 >>MIKE SUAREZ: I have a question.
14:38:26 If you don't mind, Mr. Maze, if you could come up to the
14:38:31 drawing up there behind your picture.
14:38:33 I just wanted to ask you a question.
14:38:36 He characterized that the pink or the red designation, that
14:38:41 is not a fence then?
14:38:42 Is that what you are saying?
14:38:45 I'm curious.
14:38:45 >> This is not a fence.
14:38:51 It's a fence that we have been approved to build.
14:38:55 >>MIKE SUAREZ: But the approval to build a fence that
14:38:57 starts from the back all the way to the front and looks like
14:38:59 it goes partly like where -- probably where your wrap around
14:39:05 porch is, something like that.
14:39:07 Am I right?
14:39:07 >> Yes.
14:39:08 It goes from, I don't know, five or eight feet.
14:39:13 >>MIKE SUAREZ: I just want to make sure that's signaling
14:39:16 that that is a fence that is approved that you can use,
14:39:19 correct?
14:39:20 >> Yes.
14:39:23 And this portion shows what we are trying to do.
14:39:25 >>MIKE SUAREZ: Right.
14:39:26 And the reason I am asking, you made a comment about the
14:39:29 safety.
14:39:30 You are going to have some fencing if we agreed with the
14:39:33 ARC.
14:39:34 I'm not sure what the difference between other than the side
14:39:39 of the yard.
14:39:40 >> Kids can open the front door and run out.
14:39:43 >> (off microphone).
14:39:53 >> And she mentioned there's people that come to our house
14:39:55 and knock on the door.
14:39:57 They think we are an attorney's office.
14:39:59 It's just afternoon very unique situation that we feel --
14:40:02 there's not one residential property, single-family, within
14:40:07 200, 300 yards.
14:40:08 >>MIKE SUAREZ: I just wanted an explanation.
14:40:10 When you say you can open the -- there's a fence there.
14:40:13 I wasn't sure how it was situated, you know.
14:40:16 Thank you, chair.
14:40:21 >>FRANK REDDICK: Name.
14:40:29 >>YVONNE CAPIN: Can you put up the drawing?
14:40:31 Thank you.
14:40:31 The one that shows the project approved -- the part approved
14:40:36 and the part you would like to add.
14:40:37 Yes, that one.
14:40:41 So to get back into the property is going to be at the red
14:40:46 line between the two houses, correct?
14:40:48 >> Yes.
14:40:49 >> It's going to come back up.
14:40:51 Okay, I just want to make sure.
14:40:53 The gate is not at the front of the property.
14:40:56 At the street.
14:40:56 >> (off microphone) the fence already right now.
14:41:08 >>YVONNE CAPIN: All right.
14:41:10 Thank you.
14:41:12 >>FRANK REDDICK: All right, anyone else?
14:41:13 Got a question?
14:41:16 Anything else?
14:41:19 From you two?
14:41:22 >>MIKE SUAREZ: If I can ask a question of Ron.
14:41:26 Ron, in terms of our rules concerning ARC, when they look at
14:41:33 what is approved -- because I obviously saw it's pretty
14:41:40 black and white, which is when these homes were originally
14:41:42 built, they would not contemplate traffic.
14:41:46 I mean, let's face it.
14:41:48 The way that we have cars at that time, or maybe not have
14:41:53 cars, it was more a walkable neighborhood, and the idea was
14:41:57 wrap around porches, and the community along there, not cars
14:42:01 necessarily going by, is my guess.
14:42:03 Your guess.
14:42:04 I'm just taking a guess.
14:42:06 Is there any accommodation within the ARC concerning safety
14:42:11 concerns of the type?
14:42:17 >> We looked at different solutions.
14:42:19 We looked at vegetation.
14:42:20 Sometimes we go to a hedge.
14:42:22 But single-family we don't get involved with that.
14:42:24 We looked at a retaining wall.
14:42:26 I showed the mid century mid rise across the street.
14:42:30 They have a retaining wall to define the property, what's
14:42:34 public space and what's private space.
14:42:36 They are requesting a 4-foot high fence today.
14:42:38 Is that going to keep everybody out?
14:42:40 No, but visually, I think it will accommodate what they
14:42:43 need.
14:42:43 So there's different parameters around the solution they are
14:42:47 looking for.
14:42:48 We talked about maybe planting vegetation on that fence
14:42:53 using the fence as a structure and then mitigating out
14:42:56 within foliage on it.
14:42:58 So I think there's different solutions to get there.
14:43:01 You hit on a very important aspect of their particular
14:43:05 situation here.
14:43:06 It was not a one-way street back in the day.
14:43:08 Since then the grid has been modified, and that was a very
14:43:12 urban environment when there were many grand homes in that
14:43:16 area, and through urban renewal or whatnot there's very few
14:43:21 of them left.
14:43:21 We need to take care of the historic fabric that's left.
14:43:25 >> I guess the question is the historic fabric when it comes
14:43:28 to fencing, when you start looking at the original plans or
14:43:33 whatever, was fencing a big deal at the time when they were
14:43:37 doing originally the -- because I have seen a lot of old
14:43:41 photographs of old homes, Hyde Park and other places, and
14:43:44 typically I don't usually seep fencing.
14:43:46 That's just my guess.
14:43:47 But is that the reason why?
14:43:49 >> Well, that's an accurate statement.
14:43:51 I think they depicted, and through Hyde Park, and that's
14:43:55 more of the residential core, that openness and that
14:43:57 feeling.
14:43:58 You have to envision if we didn't have that criteria and the
14:44:01 guidelines and everybody put up a front yard fence it would
14:44:04 change the environment that's around there.
14:44:06 So we try to be very consistent in our interpretation, and
14:44:10 we have been.
14:44:11 I think we acted according to the criteria that we have.
14:44:13 >>MIKE SUAREZ: Thank you, chair.
14:44:18 >>FRANK REDDICK: Any other questions?
14:44:22 Are you finished with your presentation?
14:44:24 >> Yes.
14:44:26 >>FRANK REDDICK: Mrs. Montelione.
14:44:27 >>LISA MONTELIONE: This is, I think, a unique situation.
14:44:35 It's not an interior block.
14:44:39 I think we have all probably driven down that street and
14:44:41 know that with only really one entrance to Davis Island and
14:44:46 the hospital that it is quite busy, and you're right, people
14:44:53 do speed.
14:44:53 So I support and would defend the position of the ARC if
14:45:05 this were an interior block.
14:45:07 But this situation is so different, I don't know that we can
14:45:11 apply or we should apply what's uniform in the interior
14:45:19 block to this property, with all of the commercial
14:45:22 development around it and the nature of the traffic on that
14:45:26 street, that it would be appropriate.
14:45:31 And in other parts of the country, everywhere I come from,
14:45:34 on Long Island, there are many, many old homes and many of
14:45:38 them do have fences. I don't know what's different about
14:45:40 Tampa and the way that the homes, like you said, historic
14:45:47 pictures that Mr. Suarez referenced, don't show fencing, but
14:45:52 in a lot of other areas, around the country, there are
14:45:58 historic homes that have fencing.
14:46:01 And I don't know, maybe because Long Island or New York or
14:46:06 Ohio are more urban to begin with, that people felt they
14:46:09 needed a fence.
14:46:11 I don't know what the reason is.
14:46:14 But I would say this is as far as property location goes.
14:46:21 So when you were speaking -- actually, it wasn't you, it was
14:46:27 Shaun, Mr. Amarnani, when you are speaking of our options,
14:46:34 we can recall to overturn the decision of the ARC, we can
14:46:40 remand back to the ARC, or we can uphold the decision.
14:46:50 Do we need to specifically state, I think, why we are taking
14:46:58 the action that we are taking?
14:47:01 Except for upholding?
14:47:03 The other two, remanding and overturning would require us
14:47:06 to --
14:47:08 >> Shaun Amarnani: Yes, to state that.
14:47:15 >> We don't have that back on regulations so it would be
14:47:19 difficult for me to make a motion and cite -- we have this,
14:47:25 but there's not all -- if you can point out the part where
14:47:29 fencing is discussed, I would be happy to reference that.
14:47:34 I want to hear from other people but I was looking through
14:47:37 this during some of the testimony, and I saw demolition by
14:47:44 neglect, and I saw appropriateness of architectural design,
14:47:48 but I didn't see fencing.
14:47:53 >>FRANK REDDICK: Before we have discussion, let me ask if
14:47:55 there's anyone in the public that wishes to speak on this
14:47:57 item number 2.
14:47:59 If there's anyone in the audience that would like to speak
14:48:01 on item number 2, please come forward.
14:48:05 Number 92.
14:48:06 >>STEVE MICHELINI: I just want to talk about general rules.
14:48:11 In this particular case, this is a very urban edge, not a
14:48:15 residential edge, and you have some discretion when it comes
14:48:18 to mitigating the impacts of the urban edge.
14:48:22 And Ron talked a little about that with these retaining
14:48:26 walls and some particulated fences and things like that.
14:48:34 Not only do I drive this section of road, I ride my bike on
14:48:37 this road frequently, and I can attest to you that the cars
14:48:40 are screaming by you very fast.
14:48:44 It is a dangerous situation, and I would urge you to support
14:48:48 their request for overturning the ARC.
14:48:51 Thank you.
14:48:52 >>FRANK REDDICK: Anyone else that wishes to speak at this
14:48:54 time?
14:48:56 All right.
14:48:58 Mr. Cohen?
14:48:59 >>HARRY COHEN: I just want to answer I think what
14:49:05 Councilwoman Montelione is asking, and I think in this
14:49:08 particular case this applicant has shown a very unique and
14:49:11 significant hardship that is not self-created, that -- and I
14:49:16 think Mr. Michelini's point about having a bit more
14:49:20 discretion on the edges of the district rather than on the
14:49:23 inside, combined with what we all know is a very, very
14:49:26 high-traffic corridor, makes it appropriate to overturn the
14:49:30 decision of the Variance Review Board.
14:49:38 >>YVONNE CAPIN: Thank you for that.
14:49:39 I agree.
14:49:39 I felt that exactly that it is unique and they have proven
14:49:43 their hardship.
14:49:47 And I would tend ton agree with that.
14:49:49 And I would think that would be enough to move it, proving
14:49:53 the hardship.
14:49:57 I would like to make a motion.
14:50:02 >>MARTIN SHELBY: If I can.
14:50:04 Mr. Chairman, just so in reference to what Mr. Amarnani gave
14:50:10 you if you look at the criteria on page 8, the review
14:50:13 criteria, you could look at numbers 1 and 2, and based on
14:50:18 that you can make findings of fact, and I believe City
14:50:20 Council has already set forth that findings of fact that it
14:50:27 is unique, would be criteria.
14:50:30 The relationship between the property or the designation and
14:50:33 the like, the overlay district, and I think you have made
14:50:37 findings of fact with regard to the property and why it is
14:50:42 warranting your action.
14:50:47 >>FRANK REDDICK: All right.
14:50:47 >> Ron: As you make this motion to make the language strong
14:50:54 enough to show uniqueness of the site so somebody in future
14:50:57 doesn't use this as a reference as some of the other
14:50:59 properties today.
14:51:02 Thank you.
14:51:03 >>FRANK REDDICK: Thank you.
14:51:04 All right.
14:51:04 >>MIKE SUAREZ: I would like to make a motion to -- I
14:51:12 apologize.
14:51:15 Move to close.
14:51:16 >>FRANK REDDICK: Motion by Mr. Cohen.
14:51:17 Second by Mr. Suarez.
14:51:18 Discussion on the motion?
14:51:20 Seeing none all those in favor say aye.
14:51:23 Mr. Suarez.
14:51:23 >>MIKE SUAREZ: I would like to make a motion to remand the
14:51:27 decision -- can we remand that?
14:51:29 The only reason I want to remand it is to make sure that the
14:51:32 structure, the fencing meats requirements of the ARC.
14:51:36 >> Cannot be a condition at this point because it has to go
14:51:43 back to the ARC for that purpose.
14:51:44 >> I don't think the fence is going to meet the ARC criteria
14:51:47 but it does meet the City of Tampa zoning criteria because
14:51:50 it's 4-foot high or less so it does meet zoning criteria,
14:51:53 does not meet the Hyde Park design guidelines criteria.
14:51:57 >>MIKE SUAREZ: So the original fence approved or
14:52:00 recommended --
14:52:02 >> If I can illustrate to you, please.
14:52:03 >> Do we have to reopen?
14:52:07 >>FRANK REDDICK: Reopen the public hearing?
14:52:08 >>MIKE SUAREZ: Move to reopen the hearing.
14:52:10 >> Second.
14:52:11 >>FRANK REDDICK: Motion by Mr. Suarez, second by Mrs. Capin.
14:52:14 All in favor?
14:52:16 Opposed?
14:52:17 Yes, sir.
14:52:18 >> (off microphone) this is a 6-foot high fence, the
14:52:25 perimeter of the parcel, and then interior to meet City of
14:52:30 Tampa concerns, they have a 4-foot high fence here, and they
14:52:34 have they have an automatic gate here, that meets
14:52:38 transportation standards.
14:52:39 As they enter their property, and they can still maneuver.
14:52:47 What they have today is a four foot high fence in the front
14:52:49 yard.
14:52:50 That was not part of the original approval from the ARC.
14:52:54 >>MIKE SUAREZ: The question I have, the design standards as
14:52:56 part of ARC, that's the only question I have.
14:52:59 >> Yes.
14:53:01 >>MIKE SUAREZ: So do I need to remand in order to make sure
14:53:04 the design standards are met in order for them to go
14:53:06 forward?
14:53:06 >> No.
14:53:07 >>MIKE SUAREZ: Thank you.
14:53:08 That's what I needed to know.
14:53:09 >> Move to close.
14:53:10 >> Second.
14:53:11 >>FRANK REDDICK: Motion by Mr. Cohen.
14:53:14 Second by Mr. Suarez.
14:53:15 All in favor of the motion?
14:53:18 Okay.
14:53:18 What's the pleasure of council?
14:53:20 >>MIKE SUAREZ: I would like to make a motion to overturn
14:53:24 the decision of the ARC, specifically because of safety
14:53:28 concerns along the Hyde Park Avenue and allow for them to
14:53:36 have their four-foot fence as approved by the ARC.
14:53:42 In addition, the reason why we are doing this is it is a
14:53:45 unique situation, a piece of property that is within both a
14:53:51 commercial and a high traffic area, unlike other structures
14:53:56 within the ARC area.
14:53:59 >>HARRY COHEN: Second.
14:54:01 With a friendly amendment that we actually add the words
14:54:05 unique hardship that was not self-created into the body,
14:54:11 because I think that will help go to Mr. Villa's point of
14:54:14 protecting this from being used as to later.
14:54:18 >>MIKE SUAREZ: I agree with that.
14:54:20 >>FRANK REDDICK: We have a motion from Mr. Suarez, seconded
14:54:22 by Mr. Cohen.
14:54:24 Further discussion on the motion?
14:54:26 >>MARTIN SHELBY: Just a question for Mr. Villa.
14:54:29 Is it a necessary part of the motion to address Councilman
14:54:32 Suarez's concerns specifically that they don't come in with
14:54:35 a different design?
14:54:36 Because I don't know what's being presented is delineated in
14:54:39 such a way as to whether being wrought iron as opposed to
14:54:43 wood?
14:54:49 >>MIKE SUAREZ: Well, I thought it was clear based on what
14:54:53 Mr. Villa said to us based on what they were planning on
14:54:59 doing so I don't see any reason why it has to be reopened
14:55:02 and discussed again when in fact that approval should meet
14:55:05 the requirements of the ARC.
14:55:07 >>MARTIN SHELBY: I was just concerned from my vantage point
14:55:10 as to whether they are bound by that rendering, or can they
14:55:15 come in with something different than Mr. Villa's would have
14:55:19 to agree with the city's code?
14:55:21 That's my only concern.
14:55:22 If council doesn't have that concern that's fine.
14:55:25 I'm sorry.
14:55:25 >>MIKE SUAREZ: And I may be incorrect but I thought that
14:55:28 was corrected clearly.
14:55:31 And I think as a part to this he will probably agree to
14:55:35 that, that that's amenable.
14:55:39 >>YVONNE CAPIN: It is the four foot fence, and that is what
14:55:41 is required.
14:55:47 >>MARTIN SHELBY: That's fine, council.
14:55:53 I understand, and I believe in terms of enforceability, I
14:55:55 didn't want there to be any misunderstanding.
14:55:58 I wanted a meeting of the mind and clear on the record and I
14:56:01 apologize for interjecting.
14:56:04 >>FRANK REDDICK: Motion by Mr. Suarez.
14:56:05 Seconded by Mr. Cohen.
14:56:06 Discussion?
14:56:09 >>LISA MONTELIONE: The original question I had for Mr.
14:56:11 Amarnani, do we need to cite this particular section of the
14:56:15 code, or can it be generalized?
14:56:19 >> The answer is no because you are not denying the
14:56:22 petitioner's request.
14:56:23 >>LISA MONTELIONE: Right.
14:56:27 Thank you.
14:56:28 >>FRANK REDDICK: We.
14:56:29 Voted yet.
14:56:32 (Laughter)
14:56:35 Motion by Mr. Suarez and seconded by Mr. Cohen.
14:56:40 All those in favor of the motion say aye.
14:56:43 Those opposed?
14:56:44 Now you can go.
14:56:48 (Laughter)
14:56:49 Number 93.
14:56:50 >> Good afternoon.
14:57:01 Shawn Amarnani for the record.
14:57:03 This is a review hearing of a petition filed on the decision
14:57:07 of the Variance Review Board on a property located at 2907
14:57:10 West Kennedy Boulevard.
14:57:13 This will be a de novo hearing of a Variance Review Board
14:57:19 petition.
14:57:19 I have passed out the variance review board proceedings
14:57:22 under article 2 section 3 and highlighted criteria under
14:57:26 27-80.
14:57:27 If you turn to be your packet at page 3, highlighted in
14:57:31 yellow.
14:57:35 City Council decision shall be based on finding of fact
14:57:37 based on difficulty or unnecessary hardship on substantial,
14:57:40 competent evidence in the official record by considering the
14:57:43 five criteria factors which are highlighted.
14:57:46 Additionally, City Council may impose reasonable conditions
14:57:49 to ensure that the public health, safety and welfare shall
14:57:52 be protected and substantial justice done.
14:57:57 Eric Cotton will present a staff review.
14:58:03 >>ERIC COTTON: Land development.
14:58:05 I have been sworn.
14:58:05 Good afternoon, council.
14:58:07 This is a petition for review for 15-23.
14:58:11 The property address at 2907 West Kennedy Boulevard.
14:58:14 The applicant is the Ghasemi revocable trust presented by
14:58:21 Susan Velez.
14:58:24 At a hearing denied their request for parking.
14:58:29 The applicant is requesting to reduce from 18 spaces down to
14:58:34 four spaces.
14:58:36 This is on the north side of Kennedy Boulevard.
14:58:47 (off microphone)
14:58:49 This is the building right here.
14:58:51 The general retail space is four spaces per thousand.
14:58:56 The last legal use on this property was a furniture store.
14:59:00 That required less space per thousand square feet of floor
14:59:04 area so the applicant is seeking to reduce the required
14:59:06 number of parking spaces in order to make the property
14:59:10 leasable to other uses besides a furniture store.
14:59:16 This was submitted at the VRB hearing.
14:59:20 This is the building in question.
14:59:23 Parking spaces are in the back of the parking area.
14:59:38 ADA compatibility.
14:59:40 Parking is -- property is located within the overlay
14:59:44 district.
14:59:46 That basically summarizes the request before the Variance
14:59:48 Review Board.
14:59:50 If council has any questions for me regard.
14:59:58 >>FRANK REDDICK: Any questions by council?
15:00:00 >> Susan Johnson Velez, 6607 west Bay Street, Tampa, on
15:00:07 behalf of the applicant.
15:00:07 I do want to go ahead before so I don't forget before I
15:00:11 begin my presentation and just submit the DVD of the
15:00:16 Variance Review Board hearing.
15:00:20 As Eric said we are seeking review of the VRB decision which
15:00:30 denied this property owner's request for a variance to the
15:00:32 required parking on this property.
15:00:34 And again it was a request reduced from 18 spaces down to 4,
15:00:38 and the property is zoned CG.
15:00:40 So this property is part of a subdivision that was platted
15:00:48 back in January of 1910.
15:00:50 Over 100 years ago.
15:00:51 And as you can sea from the plat map, let me move it up.
15:00:59 They took the band away.
15:01:00 The red outlined parcel is this particular parcel, a 50-foot
15:01:04 by 143-foot parcel.
15:01:07 The lots along Kennedy Boulevard were all platted as 50-foot
15:01:12 lots.
15:01:13 Kennedy back then was Grand Central but is part of the mass
15:01:16 transit corridor in this area.
15:01:18 So this subject parcel is just one of those 50-foot lots.
15:01:52 >> If it's broken we have three weeks to fix it.
15:01:55 >> It just has to come back into focus.
15:01:59 There we go.
15:02:03 Okay.
15:02:03 So you can see -- okay, technology is great when it works.
15:02:12 So you can see the subject parcel is outlined in there along
15:02:15 Kennedy there at the corner outlined in green sap law
15:02:19 office, an office building.
15:02:21 You can see that it's comprised of three of these 50 feet
15:02:26 platted lots.
15:02:27 There is a parcel sandwiched in the middle at one block.
15:02:30 There's anytime fitness if you are familiar with this
15:02:32 portion of Kennedy Boulevard so it's comprised of two of the
15:02:35 lots and then next door is the advanced auto parts which is
15:02:38 four of those platted lots.
15:02:40 So even the parcels to the rear of these commercial
15:02:44 properties, many of them are developed on more than one of
15:02:46 these 50-foot platted lots.
15:02:48 So I also want to show you -- I am not going to try to
15:02:57 refocus that but that's the building outlined from the
15:03:00 property appraiser's website.
15:03:01 If you can see the building, it's actually 50-foot wide.
15:03:05 So it is as wide as the lot is.
15:03:06 And they truly do not build them like that any more.
15:03:10 This would in today's -- under today's code would have to
15:03:15 have 10-foot setbacks at least on each side.
15:03:17 So this is a building that has existed since 1950 on this
15:03:21 property, has not been changed.
15:03:24 There have been no exterior changes to the property.
15:03:26 And so as Eric summed up your Land Development Code requires
15:03:31 for most retail uses four spaces per thousand square feet.
15:03:35 This is a 4 that you square foot building and it will
15:03:39 require 18 spaces the way they calculate it.
15:03:43 And your code, you also go by the last legally recognized
15:03:49 use, which in this case was a specialty retail store for
15:03:52 furniture sale.
15:03:53 So this is what this property owner is stuck with because
15:03:56 just about every other use in the code requires at least
15:03:59 three spaces but most retail uses require four spaces per
15:04:03 thousand square feet.
15:04:04 We have tried a number of ways to accommodate the parking.
15:04:09 Your code also requires or allows in section 27-283.4 for
15:04:14 the joint use of facilities, where if you have -- you can
15:04:19 share park with another parcel provided you are within a
15:04:21 thousand foot radius, and the code requires an agreement for
15:04:24 the joint use that according to the code is in the form of a
15:04:28 long-term lease or other method accepting to the city
15:04:31 attorney's office.
15:04:33 I checked with Mr. Cotton and staff and I know that the real
15:04:36 estate agent who has been assisting the property owner was
15:04:40 trying to lease this parcel, has confirmed that the city
15:04:43 attorney's office, what may be acceptable in terms of
15:04:46 long-term lease, is a lease in perpetuity.
15:04:49 So it's extremely difficult, and we found it impossible to
15:04:52 find a property owner that is willing to grant us a
15:04:56 perpetual lease for any number of parking spaces.
15:05:00 We did approach anytime fitness.
15:05:01 They offered five, but the perpetual lease issue made it
15:05:05 prohibitive.
15:05:07 At the hearing, we did present evidence of the hardship,
15:05:11 things that I have just told you about, the age of the
15:05:13 building, other properties that have really built up around
15:05:16 it, Kennedy Boulevard, lots of changes have happened to it
15:05:19 over the past 60 years of this building has been in
15:05:21 existence.
15:05:22 So this existing long-standing building appraise dates the
15:05:26 zoning code, and the parking regulations.
15:05:30 The application of the current parking requirements severely
15:05:33 limit the range of uses down to just one.
15:05:38 The requested variance would allow a much broader range.
15:05:41 We are asking for any retail uses to be approved on this
15:05:44 property that require no more than four parking spaces per
15:05:47 thousand square feet which would open up again a much wider
15:05:51 raping than is currently available and would not be
15:05:53 available without this variance.
15:05:57 This existing again long-standing building was constructed
15:06:00 back in 1950, well before this current property owner
15:06:03 purchased the property so it's not a hardship that she
15:06:06 created for herself.
15:06:08 It's a building was for a long tame.
15:06:11 We don't believe it would substantially interfere with the
15:06:14 health, safety or welfare of others whose property might be
15:06:17 affected.
15:06:18 The other properties within the immediate vicinity, the
15:06:21 immediate area, all were built after this.
15:06:25 The closest that I was able to find anytime fitness, that
15:06:28 building was built in 1951.
15:06:31 The office building on the corner that takes up three
15:06:34 platted lots was built in 2000.
15:06:36 Tampa association of realtors was built in 1974.
15:06:39 Advanced auto parts in 1996 and of course I'm sure maybe you
15:06:43 are familiar with the abs liquors that just was redeveloped
15:06:46 two years ago in 2013.
15:06:48 So all of those are on substantially bigger lots.
15:06:51 But the commercial use on this property including the
15:06:54 existing building is a long established use and has
15:06:58 coexisted with the uses on the surrounding properties for
15:07:01 decades.
15:07:02 Again, we believe the variance is in harmony with the Tampa
15:07:06 comprehensive code.
15:07:07 We cited at the hearing the neighborhood economic
15:07:10 development objective 22.2 that supports the creation and
15:07:14 growth of neighborhood businesses and enhance the quality of
15:07:17 life and vitality in communities.
15:07:19 Also, comprehensive plan policy 22.2.1 to support small
15:07:25 economic development in the neighborhoods.
15:07:27 I believe there is one other thing that I wanted to call
15:07:30 your attention to.
15:07:31 Your code actually also contains at section 27-283 .10, if
15:07:50 you will look at subsection 2 it allows for variances to
15:07:54 require parking spaces so it contemplates exactly what we
15:07:57 are asking for here.
15:07:58 And those administrative variances can apply for existing
15:08:01 buildings, which this is, that were constructed prior to
15:08:04 1988.
15:08:05 So even a building that's half the size you recognize
15:08:09 substantial hardship.
15:08:11 When a change of use, which is what we are trying to
15:08:14 effectuate here, makes full compliance with all land
15:08:17 development regulations impossible because of specific site
15:08:20 constraints, and I believe we have a number of specific site
15:08:24 constraints on this property.
15:08:25 So in those situations, the applicant can request to reduce
15:08:28 up to 50% or 15 spaces, and that language -- so we are
15:08:35 requesting a variance of 14 spaces.
15:08:37 Again your code contemplates that certain site specific
15:08:40 constraints could lead to the need for a variance.
15:08:46 The Variance Review Board at the hearing focused a lot of
15:08:49 discussion on just tear down the building and just build a
15:08:54 two-story building.
15:08:55 She could put parking underneath and that would solve the
15:08:58 whole problem.
15:08:59 The fact she hasn't even considered that means she's not
15:09:01 being flexible enough and therefore that's not a hardship.
15:09:05 So I think they really focused on -- I think it would be
15:09:09 great if this were a blank canvas, I guess, but we are not
15:09:13 working with a blank canvas.
15:09:14 We are working with a 60-year-old painting, if you will,
15:09:17 that we are just trying to have her have the capability to
15:09:20 use it in the way that every other property similarly
15:09:24 situated which is to make reasonable commercial use of the
15:09:28 property.
15:09:28 So with that I will reserve any remaining time for rebuttal
15:09:31 but we would ask that you overturn the VRB's denial, and I'm
15:09:35 available for any questions.
15:09:37 The property owner is here if you have any questions for
15:09:39 her.
15:09:39 Thank you so much.
15:09:41 >>FRANK REDDICK: Any questions from council?
15:09:42 Anyone from the public wish to speak on this item?
15:09:45 All right.
15:09:46 >> Good afternoon, chairman, council.
15:09:52 Richard Escobar, a lawyer here in town.
15:09:55 Also a property owner at 2917 West Kennedy Boulevard, which
15:09:58 is the property next door.
15:10:00 I would like to show you first of all a picture.
15:10:07 This is my law office that I built in the year 2000, back
15:10:11 when it wasn't as popular to pour over a million dollars
15:10:17 into Kennedy Boulevard, and that's what we spent on this
15:10:19 particular property.
15:10:20 We did our due diligence. We bought three lots there.
15:10:22 Not because I wanted to buy three lots but it was necessary
15:10:25 in order to accommodate the parking and not to infringe upon
15:10:28 my neighbors.
15:10:31 The property in question is right next door to my property
15:10:37 and virtually has no parking whatsoever.
15:10:41 In fact, Mr. Cotton put up that sketch of those four parking
15:10:49 spaces in the back.
15:10:50 Those four parking spaces were put on that property, on this
15:10:53 subject property, illegally.
15:10:54 They just came in one day with some cement truck and some
15:10:59 workers and they put a slab of cement and off they went.
15:11:03 They got cited for that.
15:11:05 They weren't made to be taken down.
15:11:07 They just put four parking spaces because they felt like
15:11:11 they needed to.
15:11:12 I am going to show you an overhead.
15:11:17 Of the property and talk to be you a little about the
15:11:20 history because I think it's important.
15:11:22 As I said when I bought my property, I did my due diligence.
15:11:25 When they bought their property, these rules and regulations
15:11:28 and code were in place.
15:11:30 Just today, this afternoon, she tells me, you're right, I
15:11:35 never lad into whether or not this is going to be a viable
15:11:38 peace of property to use and to develop.
15:11:40 When I bought my property shortly after this property went
15:11:43 up for sale.
15:11:45 We did our due diligence on that property as well.
15:11:48 And my attorney said you're crazy, don't take that property,
15:11:51 you can't do anything with it other than have an antique
15:11:54 furniture store.
15:11:55 And so we left it alone, which is what she should have done.
15:11:58 And what she's doing today, she's coming and saying, listen,
15:12:01 I made a bad decision on purchasing a piece of property, I
15:12:05 can't use it for anything else but a furniture store, but
15:12:08 now what I want to do is I want to infringe upon my
15:12:11 neighbors.
15:12:11 And let me tell you the nightmare that we have had here.
15:12:14 For the last 12 years, she has put every conceivable
15:12:18 business in that particular property in violation of the
15:12:22 code.
15:12:23 We have had to call the police.
15:12:25 We have had to call tow people.
15:12:27 We have had individuals falling on our parking lot that were
15:12:32 her customers.
15:12:34 That's what we have gone through.
15:12:36 She's violated over and over again -- she's currently in
15:12:39 violation.
15:12:39 Let me show you something what she's still doing.
15:12:41 I would like tock show you this picture.
15:12:43 Because it's telling of the fact that she's coming here with
15:12:46 unclean hands.
15:12:51 This is an advertisement of this property right now.
15:12:54 Look what it says.
15:12:55 It says next door tenant is open to an overflow parking
15:13:00 agreement.
15:13:02 I'm not open to it.
15:13:04 The tenant on the other side is not open to it because it
15:13:07 has to be an agreement in perpetuity.
15:13:08 So here they are still advertising this business with no
15:13:12 restrictions and telling perspective customers out there
15:13:16 that, hey, no problem, come rent this space and you are
15:13:19 going to be okay with parking.
15:13:22 We appreciate what you have to say, but when your light goes
15:13:27 off that means your time is up.
15:13:32 Thank you.
15:13:34 Petitioner, do you want to rebut?
15:13:37 >>> In the 15 years that my client has owned the property
15:13:44 there has been an antique furniture store and then another
15:13:48 different type of furniture store.
15:13:50 Those are two uses.
15:13:51 So the last tenant that was there opened up a boutique.
15:13:55 This is when we became aware of the parking issue.
15:13:58 They also began operating a salon business which is personal
15:14:02 services, which requires even more parking than what we are
15:14:05 asking for today.
15:14:06 Eight spaces per thousand square feet.
15:14:09 And so admittedly, when we became aware of the issue, she
15:14:13 immediately -- the tenant immediately vacated.
15:14:16 We corrected the problem and we have been working for the
15:14:18 last August or September of last year to be try to correct
15:14:22 this problem.
15:14:24 With parking.
15:14:25 But the fact of the matter is that whether it's my client,
15:14:29 this current property owner, the next property owner, this
15:14:32 property is unusable without some sort of variance to the
15:14:35 parking requirement.
15:14:37 I don't know, I didn't get a chance to know take a good
15:14:40 look, as you know, trying to focus this, but we did talk to
15:14:45 the anytime fitness and they were amenable to it.
15:14:48 We know that we approached Mr. Escobar.
15:14:52 The salon owner approached him and offered to rent some
15:14:54 spaces from his parking lot, but he was unwilling to do so.
15:14:58 So we can't make people work with us or try to help us out.
15:15:03 And we also can't get beyond the perpetual lease agreement
15:15:07 that is currently required by the code.
15:15:13 Whatever happened to establish those parking spaces in the
15:15:16 back all predates my client.
15:15:17 Weighed space back there that we confirmed with city staff
15:15:20 that we do in fact have space for four parking spaces.
15:15:24 We will restripe them so they meet all of the city codes and
15:15:27 requirements.
15:15:27 Again, I believe all of these factors demonstrate a
15:15:32 practical difficulty and an unnecessary hardship on this
15:15:35 particular property owner, that without this variance would
15:15:38 be denied, all reasonable uses for property.
15:15:43 So again we ask for you to overturn the decision of the VRB
15:15:46 and grant this variance request.
15:15:47 >>LISA MONTELIONE: Thank you, Mr. Chair.
15:15:56 The parking spaces that were established in the back as was
15:16:04 testified to, it sounded as if he said she had the parking
15:16:08 spaces.
15:16:12 >> She has not done anything to the exterior aside from
15:16:16 aesthetics, this property and the building itself has remain
15:16:21 unchanged.
15:16:22 >>LISA MONTELIONE: So the concrete poured in the back of
15:16:24 the building --
15:16:25 >> That was not my client.
15:16:26 >> It was more than 15 years ago?
15:16:28 >> Right.
15:16:29 She did not do.
15:16:31 To my knowledge she has not done anything to the exterior.
15:16:35 >>LISA MONTELIONE: Because to me it sounded as if it were
15:16:37 recent.
15:16:38 And without having -- and Councilman Mr. Cotton will know,
15:16:43 or can look up -- when that was done, because if there was a
15:16:51 code violation for land alteration without a permit, it
15:16:55 would be in our system.
15:16:57 >> Well, that's correct.
15:16:58 And there was a code violation for not having the required
15:17:01 number of parking spaces.
15:17:04 That code violation has been addressed with our variance
15:17:07 application, but she also has not had a tenant in there
15:17:10 since the prior tenant moved out when we became aware of the
15:17:13 code violation.
15:17:13 >>LISA MONTELIONE: I guess what I was getting at is when
15:17:16 those four spaces were established.
15:17:21 And you are requesting a variance by how many, is it 14
15:17:30 spaces?
15:17:32 >> 14 spaces.
15:17:33 These all we have spaces for.
15:17:35 We only have the ability to put in those four spaces that
15:17:38 were shown on the site plan that were submitted with the
15:17:40 variance application.
15:17:42 There's an alley behind us.
15:17:43 We talked to transportation about possibly putting a parking
15:17:46 space in the front.
15:17:47 But we are right there on Kennedy.
15:17:49 We can't have --
15:17:51 >>LISA MONTELIONE: You don't have ingress and egress on
15:17:53 Kennedy.
15:17:54 >> Right.
15:17:55 Exactly.
15:17:56 It's impossible.
15:17:56 Can't have a parallel space.
15:17:58 Can't have a front-in space.
15:18:00 >>LISA MONTELIONE: So adding the 14, you are looking --
15:18:07 there would be 18 spaces.
15:18:09 I'm just trying to wrap my head around what is the number of
15:18:12 spaces based on?
15:18:15 You said it's vacant right now?
15:18:17 >> It is vacant right now.
15:18:18 >>LISA MONTELIONE: So it's --
15:18:22 >> It is zoned -- I am going to put up the chart for the
15:18:30 Land Development Code.
15:18:32 So you can see -- it will disappear in a minute but you can
15:18:36 see from than the retail section and department store -- I'm
15:18:40 sorry, retail, the minimum use which is what this property
15:18:43 was being used for when any my client bought the property
15:18:46 was a furniture store or specialty retail shop which
15:18:49 requires 1.1, which I'm not sure we even meat that.
15:18:53 That extra point 1 would eliminate most probably specialty
15:18:56 retail shops.
15:18:57 >>LISA MONTELIONE: But so we have got a department store
15:19:01 which wouldn't fit here.
15:19:02 We have got really all other retail requires four spaces per
15:19:08 thousand square feet.
15:19:09 I think my client is willing to commit that there won't be a
15:19:12 regional mall that goes into this building, or a strip
15:19:15 shopping center, or even a grocery store.
15:19:17 >>LISA MONTELIONE: What about the other CG uses?
15:19:24 Printing has one space requirement.
15:19:26 >> That's per employee on the largest shift.
15:19:30 That's right.
15:19:31 So these are all based on the thousand, so many number of
15:19:35 parking spaces.
15:19:37 >>LISA MONTELIONE: So in all CG uses the only one that is
15:19:40 one parking space per thousand square feet is furniture.
15:19:44 >> Furniture.
15:19:45 That's correct.
15:19:46 And Eric can confirm that.
15:19:51 >>ERIC COTTON: Land development.
15:19:54 Yes, that is correct.
15:19:56 It was one per thousand.
15:20:04 (off microphone).
15:20:05 >> I'm sorry, we constantly tried to still market this
15:20:10 property for lease.
15:20:11 We have tried, an artery gallery us tried kind of a showroom
15:20:17 use.
15:20:18 Every time my client's real estate agent has called Eric and
15:20:21 said, how about this use?
15:20:22 Do we have enough to meet the parking?
15:20:24 And at every turn we have been told no.
15:20:27 We consider that general retail and you don't have enough
15:20:29 parking.
15:20:31 Other than a furniture store.
15:20:33 >>LISA MONTELIONE: Mr. Cotton?
15:20:39 Do we have technology problems?
15:20:41 >> Technology is not working right now.
15:20:45 I did speak with Shaun.
15:20:49 The legal department has the opinion that previous code
15:20:51 enforcement action for work without permits is not relevant
15:20:58 to what's before you today.
15:20:59 So based on what Shaun said -- --
15:21:13 >>HARRY COHEN: I understand the argument that's being made
15:21:15 here, but Mrs. Johnson, I want to ask you, if we were to
15:21:21 grant this, and you put in any kind of use that attracts
15:21:25 even minimal interest, where are people going to park?
15:21:29 I mean, they are going to park in this parking spot, and
15:21:31 they are going to park at abs liquor and they are going to
15:21:34 park at anytime fit fitness.
15:21:37 And once we allow a spot for 4 that you feet if everything
15:21:46 blows up and everybody is parking willy-nilly, what are we
15:21:50 going to say about that?
15:21:56 And what availability do we have at this point to do
15:21:58 anything about it?
15:21:59 >> And I understand your concern.
15:22:01 There is street parking and there are four spots in the
15:22:04 alley and there's street parking that's available even
15:22:07 today.
15:22:11 On the side street.
15:22:12 I think it's called Gomez right there along the side street.
15:22:16 >> I'm almost sure there's in a-parking signs there that
15:22:20 were put up by abs liquor.
15:22:21 >> On both sides?
15:22:24 I don't know.
15:22:24 >>HARRY COHEN: I think so.
15:22:28 I'm not 100% sure.
15:22:30 >> And like I said, we have tried to work with the
15:22:34 neighbors.
15:22:36 Again, anytime fitness is willing to have us use parking
15:22:41 spaces, but the city can't recognize that because we can't
15:22:44 get a perpetual agreement from them.
15:22:47 So even if we have those spaces available, which last time I
15:22:53 checked with a real estate agent they were still willing to
15:22:56 do that but they are not willing to sign a perpetual lease
15:22:59 agreement that's going to tie up their property till the end
15:23:02 of time.
15:23:03 >>HARRY COHEN: I just want to make one other statement
15:23:06 because I know other council members want to speak.
15:23:08 We have entertained a lot of sites along this area of
15:23:10 Kennedy where there has been inadequate parking, and where
15:23:13 we have, some of the applicants have actually purchased
15:23:16 properties on the other side of the alley where they have
15:23:19 added parking.
15:23:21 And it's been done at times over the objection of the
15:23:24 residential neighbors behind it, but we have allowed it and
15:23:29 we have encouraged that in certain areas, right around
15:23:31 there, because of the difficulty with the parking.
15:23:36 And what concerns me about this is there really isn't
15:23:40 anything being offered to us here to in any way mitigate
15:23:43 against it.
15:23:43 >> If there were, A, lots available, I think on the aerial
15:23:48 it shows all the lots behind us are developed with
15:23:50 single-family residential homes.
15:23:53 I mean, we have tried across the street at the greater
15:23:57 association of realtors.
15:23:58 There's nothing available over there.
15:24:00 We really have tried.
15:24:02 We have tried to minimize the uses.
15:24:03 We have trade to find the most -- or the least intensive
15:24:07 retail uses that we possibly can.
15:24:14 And we just roadblock after roadblock after roadblock.
15:24:21 I appreciate your concern.
15:24:23 >>YVONNE CAPIN: I have a question for staff.
15:24:35 That space could be leased to two businesses?
15:24:38 Or no?
15:24:39 >> It could be subdivided into numerous businesses.
15:24:43 Parking is based on gross square area, so whether it's one
15:24:49 or two businesses, it's 4500 square feet.
15:24:54 >>YVONNE CAPIN: The issue is if we use it, then it could be
15:24:58 used, as you said, two, three, four, a thousand square feet
15:25:02 each, whatever, and still have four spaces.
15:25:10 Thank you.
15:25:10 That's what I wanted to know.
15:25:15 >>FRANK REDDICK: How much more time?
15:25:23 >>THE CLERK: (off microphone).
15:25:26 >> If I could respond to Councilwoman's Capin question.
15:25:30 My client said she would accept a condition to limit any
15:25:33 potential use to a single use on this property.
15:25:37 So you don't have the issue of multiple business coming in
15:25:40 and requiring more spaces.
15:25:53 >>YVONNE CAPIN: Is there something that we are allowed to
15:25:55 do?
15:25:56 Can we condition?
15:25:58 >> Ghasemi: Legal.
15:26:10 I would say we can condition.
15:26:14 >> And I said in my presentation we would commit to not
15:26:17 doing a regional mall or strip center.
15:26:19 I think that's kind of in keeping with what your concerns
15:26:21 are as well.
15:26:22 Again if you look at this list of possible retail uses, we
15:26:29 would also accept as a condition not to have a grocery
15:26:32 store, a regional mall, or strip shopping center on this
15:26:35 property, and then limit it to a single commercial user for
15:26:40 this property.
15:26:48 >>FRANK REDDICK: Any other questions for the petitioner?
15:26:56 >>YVONNE CAPIN: A single commercial user.
15:27:01 The other thing, I have had commercial property, and I have
15:27:06 allowed subletting.
15:27:08 So you have one lease, and then that person sublet's.
15:27:12 So that has to be part of it.
15:27:14 >> We have a single user.
15:27:16 So far if it's sublet then it can only be sublet to one
15:27:20 user.
15:27:21 You can't have multiple businesses, commercial retail
15:27:24 businesses, in that space.
15:27:34 >>FRANK REDDICK: Okay.
15:27:34 All right.
15:27:34 >> Move to close by Mrs. Montelione.
15:27:39 Second by Mrs. Capin to close the public hearing.
15:27:41 All in favor of that motion say aye.
15:27:43 Opposed?
15:27:44 All right.
15:27:45 What's the pleasure of council?
15:27:46 >>LISA MONTELIONE: I move to overturn the decision of the
15:27:54 Variance Review Board granting the variance requested by the
15:28:00 applicant with a condition that the premises be limited to
15:28:07 one business lay sense.
15:28:11 Is that sufficient, Mr. Ghasemi?
15:28:14 >> That's sufficient with the understanding one occupancy
15:28:19 license.
15:28:19 >>LISA MONTELIONE: Any suggestions?
15:28:25 >>MARTIN SHELBY: You have to put in more of a factual basis
15:28:29 why you are overturning the decision.
15:28:34 >>LISA MONTELIONE: Based on the limitation that the only
15:28:38 use for a change of use for this property is a furniture
15:28:43 store, and I think that it is an onerous provision to any
15:28:50 property owner whether they have researched it throughout
15:28:59 history or whether they have any thought to purchase that
15:29:02 property would have the same problems that it can only be
15:29:08 one use under our current code given on-site on property.
15:29:20 >>FRANK REDDICK: Do we have a second?
15:29:21 >> I will second that.
15:29:25 >>FRANK REDDICK: Any discussion on the motion?
15:29:26 We have a motion from Mrs. Montelione, second by Mrs. Capin.
15:29:29 Discussion on the motion?
15:29:30 Hearing none all those in favor of the motion say aye.
15:29:33 Opposed?
15:29:38 >>THE CLERK: (off microphone).
15:29:49 >>FRANK REDDICK: All right.
15:29:54 New business.
15:29:55 You were going to mention something about information
15:29:58 reports?
15:29:59 >>MARTIN SHELBY: That will be whenever you wish.
15:30:04 >>FRANK REDDICK: I want to get out of here before 5:00.
15:30:07 >>MARTIN SHELBY: With regard to the discussion about the
15:30:08 strategic planning meeting, may I recommend that you
15:30:12 consider the afternoon of July 30th at 1:30, and it will
15:30:18 be off-site but it will be very local.
15:30:22 If it meets with your schedule and council's approval, then
15:30:25 I will do the logistics necessary to make sure that would
15:30:28 happen.
15:30:32 That's a council date, a regular meeting day, and it doesn't
15:30:35 look like you have much scheduled now.
15:30:37 Of course, as you go along, if there's something scheduled
15:30:40 for 1:30.
15:30:41 July 30th.
15:30:44 >>FRANK REDDICK: A regular council day or CRA?
15:30:47 >>MARTIN SHELBY: It's a regular council day but it's the
15:30:49 kind of day if you look -- I mean, could you go into August
15:30:53 if you wish.
15:30:54 But you have the League of Cities.
15:30:56 July and August is difficult because of the council's
15:30:58 vacation schedule, and also the League of Cities.
15:31:03 You don't even have a workshop, I believe, scheduled in July
15:31:06 or August.
15:31:08 So if council decides to do it for the afternoon of the
15:31:11 307th, we can keep that in mind for the calendar, what
15:31:15 you said for the 30th in the morning you would want to
15:31:18 finish up before lunch time.
15:31:20 We would be able to have lunch provided for you, before you
15:31:23 go off-site.
15:31:25 I suspect it will be walking distance to be do that.
15:31:28 And then it's a very short walk.
15:31:32 And then you will be able to have -- I suspect you wouldn't
15:31:38 even have to move your car, you can stay in your parking
15:31:42 spot.
15:31:43 >>LISA MONTELIONE: (off microphone) what sometimes happens
15:31:52 is it looks like a light will calendar now, but when we go
15:31:57 on vacation either right before we leave, which is why we
15:32:01 had 93 items today, and I think right after we come back,
15:32:04 the calendar gets really, really full, and people have been
15:32:09 waiting to get items approved by us.
15:32:11 So that's a concern that I have, that even though it was
15:32:17 light now, I have a feeling it's not going to be.
15:32:19 And we don't have a workshop session until September.
15:32:23 >>MARTIN SHELBY: You could also set it on another day if
15:32:30 you like.
15:32:30 >>HARRY COHEN: I do appreciate your concern.
15:32:35 But let me say this.
15:32:36 Number one, we can make an effort between now and then not
15:32:40 to add to that agenda, because the following week, we have
15:32:45 two regular meetings back to back, 30th and the 6th.
15:32:49 So there really is no reason at all that we have to go over
15:32:51 on the 30th.
15:32:54 We have sort of a unique situation there.
15:32:57 And your point earlier, you wanted to adjust the schedule,
15:33:03 too, and I agree with you.
15:33:04 I suspect if we don't we are going to be waiting till
15:33:07 October.
15:33:07 >>LISA MONTELIONE: I was thinking that, and maybe the clerk
15:33:10 knows what may be coming down the pike?
15:33:14 No.
15:33:16 Because we can limit ourselves, but we can't limit staff
15:33:19 from putting things on.
15:33:23 A contract is approved and things that need to get through,
15:33:26 it's going to be on the agenda.
15:33:27 >>MARTIN SHELBY: If I can, with regard to your public
15:33:31 hearings, you will not -- all of your hearings that you will
15:33:34 hear on the 23rd, your night session, will not be heard
15:33:37 on the 30th so that you will not have second reads for
15:33:40 that day.
15:33:41 Additionally, it's just staff reports that take the time.
15:33:45 >>LISA MONTELIONE: Okay.
15:33:48 All right.
15:33:48 I'm good then.
15:33:51 >>FRANK REDDICK: We'll keep that day in and make sure we
15:33:52 don't overload it.
15:33:53 >>HARRY COHEN: We have stormwater on the 6th, right?
15:33:58 >> Yes.
15:33:59 >>FRANK REDDICK: So we set for July 30th.
15:34:01 Do we need a motion for council to set that date?
15:34:04 >>MARTIN SHELBY: Please do.
15:34:04 >> So moved.
15:34:06 >>FRANK REDDICK: I have a motion from Mrs. Montelione,
15:34:07 second by Mr. Cohen, July 30th, 1:30, we have that
15:34:15 session.
15:34:15 >>MARTIN SHELBY: Why don't you call it a strategic planning
15:34:20 workshop?
15:34:21 And what I will do is I will provide the clerk the off-site
15:34:24 locations so we can make the motion to list it on the
15:34:27 agenda.
15:34:29 >>FRANK REDDICK: All right.
15:34:30 So hearing that motion, seconded, all in favor say aye.
15:34:35 Opposed?
15:34:36 All right.
15:34:36 Information and reports.
15:34:38 Mr. Miranda.
15:34:38 >>CHARLIE MIRANDA: Mr. Chairman, I would like to make a
15:34:41 motion to make a presentation to the Tampa Hispanic
15:34:45 heritage, Inc., whose mission is to promote, preserve and
15:34:49 celebrate Hispanic heritage in the Tampa Bay area, and the
15:34:52 Celebra Tu Herencia, who together host the annual Hispanic
15:34:58 heritage kickoff and cultural ambassadors contest on
15:35:00 Saturday, September 12, 2015.
15:35:03 >> Second.
15:35:04 >>FRANK REDDICK: I have a motion from Mr. Miranda.
15:35:06 Seconded by Mr. Suarez.
15:35:07 Discussion on the motion?
15:35:08 All in favor say yay.
15:35:09 Opposed?
15:35:10 Anything else, sir?
15:35:12 Mr. Suarez?
15:35:13 >>MIKE SUAREZ: Nothing, sir.
15:35:15 >>YVONNE CAPIN: Yes, I would like to -- I make a motion to
15:35:18 have a report on the Jackson house scheduled.
15:35:23 And we have a date, and that is the evening of July
15:35:27 23rd.
15:35:31 6:00 p.m.
15:35:40 >>FRANK REDDICK: We have a meeting on the Jackson house.
15:35:43 A motion from Mrs. Capin.
15:35:45 Seconded by Mr. Maniscalco.
15:35:47 All in favor of that motion say aye.
15:35:49 Opposed?
15:35:53 Anything else?
15:35:53 >> I'm glad you are coming to that meeting.
15:36:00 >>FRANK REDDICK: All right.
15:36:00 >>YVONNE CAPIN: No, that's it.
15:36:04 I'm done.
15:36:11 >>FRANK REDDICK: I want to request a commendation to present
15:36:13 it for celebrating the third annual fitness, presented July
15:36:28 16 at 9:00 a.m.
15:36:32 >>HARRY COHEN: We have a motion from Councilman Reddick,
15:36:34 seconded by Councilman Miranda.
15:36:36 All in favor?
15:36:38 Opposed?
15:36:39 All right.
15:36:39 >>HARRY COHEN: Thank you very much.
15:36:43 Before we adjourn for our summer break, our CFO Mrs. Little
15:36:48 has asked us to schedule our two budget hearings for
15:36:52 September.
15:36:53 We have communicated with the property appraiser's office
15:36:56 and looked at the calendar, and we would like to schedule --
15:37:01 these meetings have to be at night.
15:37:02 We would like to schedule our two budget public hearings.
15:37:05 The first one -- and I'm making this in the form of a
15:37:09 motion -- is for Thursday night, September 3rd at 5:01
15:37:13 p.m.
15:37:13 >> Second.
15:37:14 >>HARRY COHEN: Why don't I do both as one if that will be
15:37:18 all right?
15:37:19 Then the second one will be Tuesday night, September
15:37:21 15th at 5:01 p.m.
15:37:28 This will not be on a meeting day.
15:37:30 It will be on a Tuesday night.
15:37:35 We have to because of the number of days between each of the
15:37:39 hearings.
15:37:42 >>FRANK REDDICK: An extra bonus?
15:37:44 >>HARRY COHEN: An extra bonus.
15:37:46 (Laughter)
15:37:49 All right.
15:37:50 We have a motion from Mr. Cohen.
15:37:51 Seconded by Mrs. Montelione.
15:37:53 All in favor of the motion say aye.
15:37:54 Opposed?
15:37:56 >>HARRY COHEN: Thank you very much.
15:37:57 >>GUIDO MANISCALCO: I would like to recognize and official
15:38:00 lip commend state representative Janet Cruz for her
15:38:03 outstanding contributions to the Tampa area and the job
15:38:08 fair.
15:38:08 This is the fist year of the fair.
15:38:11 The first was held at the West Tampa -- former West Tampa
15:38:14 convention center.
15:38:16 The job hosts over 1,000 participants and 100 perspective
15:38:20 employers.
15:38:21 I salute representative Cruz for her commitment to getting
15:38:24 residents of Tampa and not just in her district back to
15:38:26 work.
15:38:28 If we could do so, give her a commendation on August
15:38:32 6th.
15:38:32 >> Second.
15:38:35 >>FRANK REDDICK: 9 a.m.
15:38:37 Got a motion from Mr. Maniscalco.
15:38:39 Seconded by Mr. Suarez.
15:38:40 Any discussion on the motion?
15:38:41 All those in favor say aye.
15:38:43 Opposed?
15:38:44 Anything else, sir?
15:38:45 >>GUIDO MANISCALCO: No.
15:38:47 >>LISA MONTELIONE: Thank you, sir.
15:38:49 I do have two pieces of new business and we'll have to check
15:38:54 the calendar to see when we want to do this.
15:38:58 In accordance with the Tampa comprehensive plan, the current
15:39:01 plan, not the amended plan, chapter 8 -- I'm sorry, chapter
15:39:07 8 policies 67-5-2, I would like to schedule the
15:39:11 superintendent of Hillsborough County school system Jeff
15:39:14 Eakins to give us a presentation, and I would on a separate
15:39:20 date like to schedule district 7 FDOT secretary Paul
15:39:24 Steinman to give us a presentation.
15:39:27 So we have -- on September 17th, it looks like that is a
15:39:37 light day.
15:39:37 So we can schedule Mr. Eakins for September 17th and
15:39:46 Secretary Steinman on October 1st.
15:39:59 >>FRANK REDDICK: Are you going to make those --
15:40:03 >>LISA MONTELIONE: We can do it in one motion.
15:40:04 It's all in accordance with the comprehensive plan.
15:40:10 So the first motion --
15:40:14 >> The first motion.
15:40:20 >>FRANK REDDICK: The first motion.
15:40:21 >>LISA MONTELIONE: Superintendent of schools Jeff Eakins.
15:40:26 >>FRANK REDDICK: And seconded by Suarez.
15:40:28 All in favor?
15:40:29 Opposed?
15:40:30 All right.
15:40:30 >>LISA MONTELIONE: And the District Secretary Paul Steinman
15:40:35 with the Florida Department of Transportation.
15:40:37 >>FRANK REDDICK: Seconded by Mr. Maniscalco.
15:40:41 Made by Mrs. Montelione.
15:40:43 All in favor of that motion say aye.
15:40:44 Opposed?
15:40:45 >>LISA MONTELIONE: At 9 a.m.
15:40:50 >>FRANK REDDICK: Anything else?
15:40:51 >>LISA MONTELIONE: I would like to wish our friends who are
15:40:53 celebrating Ramadan.
15:40:56 Ramadan began on June 18th of this year.
15:40:59 I didn't get a chance to state that last time.
15:41:04 >>FRANK REDDICK: Okay.
15:41:06 Motion to receive and file?
15:41:08 Motion by Mr. Miranda.
15:41:09 Second by Mr. Suarez to receive and file all documents.
15:41:13 All in favor of that motion say aye.
15:41:15 Opposed?
15:41:19 We stand in recess till 5:01.
15:41:23 (City Council recess).
15:41:31
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