Tampa City Council
Thursday, March 3, 2016
9:00 a.m. Session
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09:01:14
09:01:54 [Sounding gavel]
09:01:56 >>FRANK REDDICK: Good morning.
09:01:57 I am going to call this Tampa City Council meeting to order.
09:01:59 I am going to yield to Councilman Mike Suarez.
09:02:03 >> Thank you, chair.
09:02:04 My pleasure to introduce Reverend Jacqueline Coffie-Leeks, a
09:02:08 Tampa native, graduated from Hillsborough high school, and
09:02:11 attended the University of Florida and received heard B.S.
09:02:13 degree from Moody Bible Institute, the mother of three
09:02:17 beautiful children, and she's the daughter of the late
09:02:21 Ronald Coffie Sr. and Marilyn Streeter.
09:02:24 A member of the 34th street of God where our own Bishop
09:02:28 Thomas Scott is a pastor and serves in our community in
09:02:31 several capacities including being part of the mayor's
09:02:34 African-American advisory council, vice chair of the chapter
09:02:41 of Delta Sigma theta incorporated.
09:02:44 It's my prove to introduce her and bring her to the podium.
09:02:49 Thank you, reverend.
09:02:50 >> It is indeed a privilege and honor to be before you.
09:02:54 Let us pray.
09:02:56 Lord, we thank you for this day.
09:02:57 We thank you for bringing us, for keeping us, for covering
09:03:00 us.
09:03:01 We thank you most of all, God, for each City Council member
09:03:03 that serves.
09:03:04 Bless them and bless their family.
09:03:07 Bless the mayor of our city.
09:03:09 Thank you for his leadership.
09:03:10 God, we ask right now that we be considerate and grateful
09:03:14 for the well-being of our city.
09:03:16 We are grateful for the protection that hovers over us.
09:03:20 We petition you right now for continuous favor and grace
09:03:23 over our city, our state and our nation.
09:03:26 Cover our country.
09:03:28 Endow the City of Tampa with the virtues that will
09:03:31 positively distinguish us from other cities.
09:03:34 We ask now that are had you bless those cities that are
09:03:37 struggling with issues of racial tension, deplorable living
09:03:41 conditions, crime riddled streets, and ask that you help us
09:03:45 be an example of effective leadership, and govern us with
09:03:49 integrity, wisdom and compassion.
09:03:51 Bless those that are less fortunate.
09:03:53 Teach us how to love and to care for one another.
09:03:56 In Jesus name we pray.
09:03:57 Amen.
09:03:58 [ Pledge of Allegiance ]
09:04:17 >>FRANK REDDICK: Roll call.
09:04:19 >>CHARLIE MIRANDA: Here.
09:04:19 >>MIKE SUAREZ: Here.
09:04:22 >>HARRY COHEN: Here.
09:04:23 >>GUIDO MANISCALCO: Here.
09:04:26 >>LISA MONTELIONE: Here.
09:04:28 >>FRANK REDDICK: Here.
09:04:29 All right.
09:04:29 Can we get approval of the agenda, addendum to the agenda?
09:04:43 >> So moved.
09:04:43 >> Second.
09:04:43 >> All right.
09:04:43 We go to ceremonial activities.
09:04:45 >> Clerk: Chair, do you wish to vote on the motion?
09:04:51 >>FRANK REDDICK: All in favor of the motion say aye.
09:04:52 Opposed? Okay.
09:04:58 Presentations and accommodations.
09:05:00 Ms. Montelione.
09:05:12 >>LISA MONTELIONE: Good morning, everyone.
09:05:14 Today, I am presenting a commendation as we recognize the
09:05:20 Men's Health Forum that Moffitt Cancer Center performs at
09:05:24 the University of South Florida.
09:05:27 So we have two of their partners together and offering
09:05:31 services to men in our area who are mostly underserved, or I
09:05:38 should say grossly underserved.
09:05:41 This commendation presented on behalf of all of City Council
09:05:48 for the fine work that Moffitt Cancer Center performs, not
09:05:51 only in the research fields, but as a partner in our
09:05:55 community.
09:05:56 The Tampa City Council proudly recognizes Moffitt Cancer
09:05:59 Center for hosting the men's health forum on March 19th,
09:06:03 2016.
09:06:05 Since the inception of men's health forum more than 10,000
09:06:08 men, an amazing number, 10,000 men have received quality
09:06:12 health training resulting in early detection of hundreds of
09:06:17 serious health problems, and the timely intervention by
09:06:21 health care professionals.
09:06:22 This service has -- of countless underserved men in our
09:06:27 community.
09:06:28 Therefore Tampa City Council commends Moffitt Cancer Center
09:06:31 for providing this vital service to our citizens.
09:06:34 A fine example of how this Internationally recognized
09:06:38 cutting edge research facility and treatment center serves
09:06:41 local residents as a community partner of the City of Tampa.
09:06:45 And I would like to invite you to say some words about the
09:06:48 services available and how people can get in touch with you
09:06:53 for information, when, where, time.
09:06:57 >> First of all, good morning, chair, and fellow councilmen
09:07:02 and women, friends, and thank you, Councilwoman Montelione,
09:07:07 for always supporting us in the community.
09:07:10 She's been there every year, and we are very thrilled also
09:07:13 to have Councilman Suarez also confirms on coming on
09:07:17 Saturday, March 19th, three weeks away.
09:07:21 It will be at the USF Marshall center.
09:07:24 And I want to encourage each one of the councilmen and women
09:07:29 to join us, because this reaches all the way as far as
09:07:35 Pasco, Pinellas County, throughout Hillsborough County.
09:07:38 So I can guarantee that your constituents will be there.
09:07:43 The same compassionate care that Moffitt is known for with
09:07:48 our patients is the same compassionate care that we extend
09:07:51 to this community.
09:07:52 So on behalf of the over 5,000 employees with the Moffitt
09:07:56 Cancer Center, we thank you for your continued and ongoing
09:08:00 support.
09:08:00 God bless you.
09:08:01 And I would like to turn it over tore Mickey.
09:08:09 At this time I would like to just pass the mike over to my
09:08:12 colleague, Joshua Rivera.
09:08:14 >> I'll be brief.
09:08:16 Thank you.
09:08:16 Good morning to all the councilmen and women.
09:08:18 And thank you, Councilwoman Montelione.
09:08:22 My name is Joshua Rivera.
09:08:25 I am a cancer survivor.
09:08:27 And I know along with many other cancer survivors how
09:08:30 important early detection cancer screening is.
09:08:34 I ignored my symptoms for many months, and then it came down
09:08:37 to, you know, being in the hospital overnight, two years of
09:08:41 treatment, and now have become a very passionate advocate
09:08:48 and fund-raiser for cancer research.
09:08:50 I'm also an employee of mouth and I believe in the mission
09:08:53 of Moffitt Cancer Center to contribute to the cure of cancer
09:08:57 and I have seen it with my own eyes and my own journey.
09:09:01 And events like today, this commendation, and most
09:09:04 importantly, the great work that the men's health forum does
09:09:09 to help those who need the help the most for early
09:09:13 detection, cancer screening, in addition to diabetes
09:09:16 testing, and other tests that we have available for them.
09:09:20 So again, USF Tampa, I hope to see you all there.
09:09:27 Thank you very much for your time.
09:09:27 >> And if I may add, the screening for prostate cancer has
09:09:32 changed.
09:09:33 It's 55 to 75.
09:09:35 So if anyone up there has not had their prostate cancer
09:09:44 screening, and you are over the age of 55, then we want to
09:09:49 be see you there.
09:09:49 We want to see you at the cancer center.
09:09:52 Don't be afraid.
09:09:55 Miranda none of us here are over the age of 55.
09:09:58 >> Sir?
09:09:59 >> There is no one here over the age of 55.
09:10:01 (Laughter)
09:10:03 Is that on record?
09:10:05 (Laughter).
09:10:07 >> Politicians never lie.
09:10:09 (Laughter)
09:10:13 [ Applause ]
09:10:20 >>FRANK REDDICK: Before we move on, we have a special guest
09:10:22 in the audience.
09:10:23 And I would like to recognize from the big brothers and big
09:10:29 sisters program.
09:10:30 We have got big brother here with his mother, and his big
09:10:42 brother.
09:10:44 We want to welcome you here, sir.
09:10:46 [ Applause ]
09:10:47 Since you are standing, you are welcome to come and just say
09:10:56 hello.
09:11:05 Mom, you can come, too.
09:11:14 >> Hello.
09:11:17 I just want to thank you for this opportunity.
09:11:19 My son has been a big brother with Derrick now for going on
09:11:23 three years, and he has so many good friends there, and
09:11:30 thankful he's going and of course this is for him to see how
09:11:43 he can work his way up.
09:11:46 >>FRANK REDDICK: I don't know if he wants to be president.
09:11:48 Do you want to say something?
09:11:56 President, don't be shy.
09:11:57 (Laughter).
09:11:58 >> Where do you go to school ever?
09:12:07 >> I go to the academy school.
09:12:09 >> What grade?
09:12:10 >> Sixth.
09:12:14 >>FRANK REDDICK: And you want to be president.
09:12:24 >> Thank you.
09:12:28 >>YVONNE CAPIN: A man of few words and deep thoughts.
09:12:31 >>FRANK REDDICK: We appreciate you being here this morning.
09:12:33 And we wish you well.
09:12:35 And I probably won't be around when you make president, but
09:12:40 I wish you well in advance.
09:12:42 >> Thank you, council.
09:12:49 [ Applause ]
09:13:04 All right.
09:13:04 We go to public comments.
09:13:07 At this time, you are welcome to come forward.
09:13:09 You have three minutes to speak on any item except items set
09:13:12 for public hearings.
09:13:22 If the item is on the agenda for a public hearing you cannot
09:13:24 speak until we open the public hearing.
09:13:26 But you can speak on any other item.
09:13:29 Yes, sir.
09:13:29 >> Good morning, council members.
09:13:48 Good morning, chairman.
09:13:50 I'm here to give my approval for the recommendation of the
09:13:53 marijuana --
09:13:55 >>FRANK REDDICK: That's a public hearing then and you cannot
09:13:57 speak on that item until 10:30.
09:13:59 >> Oh, 10:30?
09:14:04 >>FRANK REDDICK: Are you speaking on the issue about the
09:14:06 marijuana? That's a public hearing set for 10:30. You can
09:14:09 speak to any other item on the agenda except the ones that
09:14:11 are set --
09:14:12 >> Okay.
09:14:13 Well, I don't know --
09:14:15 >> State your name for the record.
09:14:15 >> My name is Ali Mohammed. I'm the chairman of the new
09:14:18 black council party here in Tampa, Florida.
09:14:20 I don't know if this is under public comment, but I am
09:14:24 speaking on behalf of the residents of Tampa in the Tampa
09:14:28 park apartments about the mayor's infamous plan with the
09:14:34 Devil Rays.
09:14:35 There is a need for affordable housing in the area. I am
09:14:39 hearing complaints about residents in North Boulevard homes,
09:14:39 calling me every day about their vouchers getting expired.
09:14:44 They only have six days to go out and find affordable
09:14:47 housing.
09:14:48 They cannot find affordable housing within sixty days so
09:14:51 their vouchers are being expired and they are not allowed
09:14:55 time to get out and find affordable housing.
09:14:57 It's needed in this city.
09:14:59 And I would very much appreciate it if the mayor stop
09:15:02 turning out all the affordable housing in the city and put
09:15:06 more affordable housing in the city. This is a known
09:15:09 problem.
09:15:09 And hopefully it doesn't transpire to the Tampa park
09:15:13 apartments where he's trying to get rid of affordable
09:15:15 housing, and there's a need for affordable housing.
09:15:18 I have three residents in West Tampa call me this week.
09:15:22 Their vouchers have almost expired this week.
09:15:26 They look everywhere in the City of Tampa for an apartment.
09:15:29 Most of the apartment complexes that they are going to,
09:15:32 their waiting list is above capacity.
09:15:37 And they are telling their residents to come by three and
09:15:41 four months out.
09:15:41 The residents don't have enough time to find adequate
09:15:44 housing.
09:15:44 The housing for residents are worse than the housing they
09:15:50 are coming from out of public housing, especially slum
09:15:53 landlords, code enforcement harassing residents, some
09:15:57 residents don't want to move to Sulphur Springs.
09:16:00 That's all they have.
09:16:01 Some residents can't commute to Brandon, Riverview and areas
09:16:05 like that where there are a lot of HUD housing but they are
09:16:08 not affordable housing.
09:16:09 So this is for the attention of the mayor before he tries to
09:16:13 do any affordable housing in the city he needs to work on
09:16:18 getting more affordable housing in the city.
09:16:20 There's a lot going up in the city and we need to work on
09:16:23 bringing more affordable housing for look-income residents.
09:16:26 Thank you, chair.
09:16:28 Thank you, councilmen and councilwomen.
09:16:31 >>LISA MONTELIONE: [Off microphone.] we are having a
09:16:37 workshop on affordable housing so you might want to be here
09:16:41 on March 24th.
09:16:43 A workshop.
09:16:47 Affordable housing.
09:16:48 >> Yes, ma'am.
09:16:51 Thank you.
09:16:51 >>LISA MONTELIONE: Put the 24th on your calendar.
09:16:57 >> Yes, ma'am.
09:16:58 >> I'm Ed Tillou, Sulphur Springs, which was mentioned by
09:17:03 the last speaker.
09:17:05 As a lot of people being forced out of North Boulevard are
09:17:09 coming here.
09:17:10 Well, here is the root of the problem.
09:17:13 And he did identify the source, which is the mayor.
09:17:18 The mayor has rolled out the red carpet to environmental in.
09:17:22 And I saw this happening in New York, and it's happening
09:17:24 here.
09:17:27 Now why isn't there something about arson here?
09:17:30 A workshop on arson?
09:17:31 Because the harbor club was ignored, and about three
09:17:38 weeks -- about a month ago, as Nebraska was burned, and then
09:17:43 about two weeks ago the little church on Howard and Nebraska
09:17:48 was set on fire.
09:17:49 And there seems to be discrepancies within the Tampa PD
09:17:53 observing and the fair departments being called exactly the
09:17:57 same as it was.
09:17:58 Now this is was done in New York.
09:18:01 And this is the vermin that this man has rolled the red
09:18:07 carpet out to.
09:18:08 And other things are happening.
09:18:11 About 10:00 or mid night people with loud motorcycles drive
09:18:13 up and down Nebraska.
09:18:15 Now, this happens so much, Tampa PD can't can get a handle
09:18:20 on it but they don't, because these people are brought in to
09:18:23 harass the residents out of the place.
09:18:25 Another thing is walking on the sidewalks.
09:18:29 Now, Derek Chamblee, I think he was wrong in a way.
09:18:33 He said there shouldn't be bicycles on the sidewalk of
09:18:37 Kennedy and Nebraska and things.
09:18:40 Well, Nebraska north of -- north of Martin Luther King.
09:18:46 We have a problem with the chairmanship of the Public Works
09:18:49 Committee.
09:18:50 Bring back Mary Mulhern, because she had an understanding of
09:18:56 the crying need for bicycle pathways in this town.
09:19:02 That's something the chairman of the Public Works Committee,
09:19:04 make him go with somebody that's concerned because this man
09:19:09 has a lot of fiscal understanding but I don't think he has a
09:19:14 lot of public works understanding.
09:19:15 And part of the problem there is you don't have any people,
09:19:19 when you have somebody here, and for some reason, Mulhern
09:19:22 backed him over the other person, so maybe the person he ran
09:19:26 against was a stem person.
09:19:32 They aren't necessarily good.
09:19:33 It just they have the necessary tools.
09:19:35 And the awareness is growing of that.
09:19:39 Where are these things about climatic change?
09:19:42 Demonstrations in Paris, Spain, Germane.
09:19:48 What's the concern here?
09:19:49 Parking.
09:19:49 Parking for somebody doing something that are they don't
09:19:53 expect.
09:19:54 Now, one of the things about the Kennedy assassination was
09:19:57 people said he was there for political reasons; he wasn't
09:20:01 there as president.
09:20:02 So the thing is, that is a classic denial to put parking
09:20:08 over climatic change.
09:20:12 >>FRANK REDDICK: Thank you.
09:20:14 >> My name is Todd Pressman, East Lake Road, Palm Harbor,
09:20:25 Florida.
09:20:25 I'm here today working as an agent for OAI incorporated, a
09:20:31 local branding imaging company, and in part includes some
09:20:36 street pole banner work.
09:20:37 I'm here with regard to item number 5.
09:20:39 And we are here to support the resolution.
09:20:42 But we are also here to speak about a much broader and
09:20:46 serious issue about which the resolution and the whole
09:20:50 street program works upon.
09:20:53 We are asking today and taking liberty to seek your support
09:20:56 of a potential amendment to the resolution which in essence
09:21:00 is nothing more than we consider to be a good government
09:21:03 amendment.
09:21:05 The problem with the program is the past many, many years
09:21:10 all the street pole dealers which of course are located on
09:21:13 your public right-of-way, and of course banners are paid
09:21:19 mostly by taxpayer supported and the civic groups and city
09:21:23 oriented groups, handled by one private company.
09:21:27 It's a sung will source.
09:21:29 There's no bidding.
09:21:30 There's no multiple vendors.
09:21:32 It's a monopoly deal.
09:21:33 It's not open to the public.
09:21:34 In fact, on the other hand, if you look at this company's
09:21:37 website -- and I'll hand out a page to you -- they indicate
09:21:40 the street pole program is administered by the City of
09:21:45 Tampa.
09:21:46 So again we are taking great liberty today asking for your
09:21:49 consideration, requesting consideration this morning that
09:21:53 you place an amendment on this resolution.
09:21:55 We would say that the amendment would call for open
09:21:58 government, fair competition, allowing multiple vendors or
09:22:05 bidding lake you see are in virtually every other city
09:22:08 program to handle, administer the City of Tampa street pole
09:22:13 standard program.
09:22:14 Council members, what happens when you have open competition
09:22:16 and not a monopoly?
09:22:17 You get better prices.
09:22:19 So to that effect I can tell you if you go to the website of
09:22:21 the current company, their charge as I last saw was $175 per
09:22:27 banner.
09:22:28 OAI would do it for $150.
09:22:32 And more importantly, what the resolution calls for is
09:22:35 putting city supported promoted banners on poles that are
09:22:41 closed.
09:22:41 They would print those for free.
09:22:44 That's what happens with competition and we have a local
09:22:47 market.
09:22:48 So, in summary, we are asking you to accept an amendment,
09:22:53 and again allow the fair market and dictate how the City of
09:22:57 Tampa program works.
09:22:58 Thank you.
09:23:05 >>YVONNE CAPIN: You are going to speak on the banner also?
09:23:08 >> Yes.
09:23:09 >>YVONNE CAPIN: Before you speak on the banner, first of
09:23:10 all, the resolution is encouraging the administration to
09:23:14 look at the banner program for branding of neighborhoods.
09:23:18 It does not tell the administration how to negotiate it or
09:23:24 what price is where.
09:23:26 That is what the administration does.
09:23:28 What we do here in City Council is legislate.
09:23:32 So when you talk about prices, and we can do it, you need to
09:23:37 tell that to the administration, because all we are asking
09:23:39 is to pass this, is for the administration to look at this
09:23:44 program, and you have some very valid points.
09:23:48 Take it to the mayor.
09:23:49 Take it to the administration.
09:23:51 They are the ones that negotiate, not us.
09:23:53 >> Councilwoman, I certainly agree with you but you are a
09:23:57 policy-making board and the policy here that are we see is
09:24:02 against whatever the typical direction of the city, which is
09:24:05 to have open bidding on multiple vendors and let the public
09:24:08 N.we are not suggesting prices.
09:24:10 We are only suggesting very simply good government amendment
09:24:13 that this program which has been going on for many, many
09:24:17 years be open again to the public.
09:24:20 And that's a simple policy initiative we would ask you to
09:24:24 consider in the resolution.
09:24:26 >>YVONNE CAPIN: That is why this resolution came forth from
09:24:28 the cultural assets committee, so that the administration
09:24:31 would take a look at what is there, and how it could be
09:24:35 better, and how we could do it better.
09:24:38 That is -- it's a simple resolution asking -- supporting
09:24:44 that this banner program be up, branding the city, and that
09:24:49 the administration take a look at this program, however it's
09:24:55 taken.
09:24:55 Once they take a look at it, any money that is spent will
09:24:59 certainly come --
09:25:01 >> With great respect, Councilwoman, the resolution only
09:25:04 says let's put up banners on poles.
09:25:09 Doesn't say anything about the administration of the
09:25:11 program, doesn't say how it should be run.
09:25:14 That there be a direction policy --
09:25:17 >>YVONNE CAPIN: I'm sorry, that's getting into the weeds of
09:25:20 the administration, and that's not what we do.
09:25:22 >> I don't think --
09:25:25 >>YVONNE CAPIN: I disagree.
09:25:28 >>FRANK REDDICK: Let me suggest this.
09:25:31 The recommendation that you provided to us, would you hand
09:25:34 that over behind you, and staff, would you review the
09:25:42 recommendation and come back with a recommendation?
09:25:45 Do you think you could do it in two weeks?
09:25:54 March 17th under staff reports, come back with a
09:25:57 recommendation for this, what your recommendation is, and
09:26:00 legal is behind you.
09:26:01 Make a copy of that.
09:26:04 >> Pressman: Thank you, Mr. Chairman.
09:26:09 >>HARRY COHEN: Why don't you I make that in the form of a
09:26:12 motion?
09:26:13 >>YVONNE CAPIN: And I second it.
09:26:14 >>HARRY COHEN: We have a motion and second to get a staff
09:26:17 report back from legal department regarding this item at our
09:26:20 next regular meeting on March 17th under staff reports.
09:26:25 Comments.
09:26:25 >>LISA MONTELIONE: I do have a question or comment.
09:26:29 Because if we are considering this under the agenda on item
09:26:32 5, and we are going to get that report back in two weeks,
09:26:34 would it not be wise of us to postpone again item 5, and --
09:26:43 >>HARRY COHEN: It's a friendly amendment to your motion.
09:26:46 Is that acceptability to the maker and seconder?
09:26:49 So we have an amended motion.
09:26:51 We are going to also continue item 5 to our March 17th
09:26:56 meeting.
09:26:57 So unless there is further discussion, all those in favor,
09:27:01 please indicate by saying aye.
09:27:03 Opposed?
09:27:04 >> Thank you, Mr. Chairman.
09:27:07 Thank you, councilmen.
09:27:09 >> Councilmen and councilwomen.
09:27:14 >> Or Harry.
09:27:19 (Laughter).
09:27:20 >> I don't know how that works but I am here to talk about
09:27:24 what we do.
09:27:24 My name is Michael Garcia.
09:27:26 I live at 345 Bayshore Boulevard.
09:27:29 And here to talk about how I can help promote the community.
09:27:36 The owner of Outdoor American Images, OAI, founded in 1989
09:27:42 is now a $9 million a year company and we are located in a
09:27:47 20,000-foot in Hillsborough, also have an office in Miami
09:27:51 and Orlando, and graphics for most professional properties
09:27:57 and also in the Tampa Bay area.
09:28:00 Large players for the stadium and the Amalie arena.
09:28:05 The performance -- and the Super Bowl and the all-star game
09:28:16 in Orlando, everything, pretty much everything in the state
09:28:20 we provide.
09:28:21 That's our specialty.
09:28:22 And visuals for events.
09:28:29 I am a graduate of USF, and I sit on the board of the Tampa
09:28:32 sports commission, friend of the Riverwalk, the Florida
09:28:35 outdoor advertising association, and I always believed in
09:28:41 giving back to the community, sports community, and we
09:28:48 mostly the sports commission wants to get more involved in
09:28:54 kids programs but putting up more pole banners that they
09:28:58 can't afford.
09:28:59 So we put the pole banners, put them in Miami, we have kind
09:29:04 of been barred from putting them in our own city because
09:29:07 there's a monopoly that exists here.
09:29:10 So the monopoly has been granted to a third party broker,
09:29:20 not visual branding at all, includes additional markup,
09:29:24 which has impacted the ability to put the banners for
09:29:31 events, and the final four they were not able to put the
09:29:35 banners up that they wanted to put up, because they are
09:29:37 aware of what the going rate across the country is, which is
09:29:41 150, not 175.
09:29:45 We are also prohibited from donating anything, which I would
09:29:50 like to support the sports commission.
09:29:52 So I am asking the council to pass the resolution, which you
09:29:56 have already discussed, so for the city's program.
09:30:14 >>CHARLIE MIRANDA: Mr. Chairman, I wasn't going to speak at
09:30:16 all, was going to stay quiet until March 17th.
09:30:19 But being here for quite a little bit of time, I remember
09:30:25 the administration, they took the banners down.
09:30:31 There was millions of dollars being made, when you say I
09:30:34 offer this, and I am not speaking to you or your hold.
09:30:37 Please don't hold it against yourself.
09:30:39 What I say comes from my heart.
09:30:44 You are going to live in the city.
09:30:45 What if you brand cows?
09:30:49 Neighborhoods in the City of Tampa, it's a beautiful place
09:30:51 to live.
09:30:53 And what we need is the legal department later on to set up
09:30:57 a different tone for this city.
09:31:00 I have got lights all over the place, signs you can see from
09:31:03 300 yards away, and we took them off the expressway.
09:31:06 Now they are coming into the neighborhoods, 6 by 8 or
09:31:09 whatever it is, they light up at night, that creates a
09:31:12 problem.
09:31:13 And it was not 6 or 7, and Mr. Maniscalco is in the district
09:31:19 that I just left.
09:31:20 And it becomes a nuisance, it becomes more and more
09:31:26 everywhere you want to go like Vegas.
09:31:29 I don't want to live in Vegas.
09:31:30 I want to live in Tampa, Florida.
09:31:32 We may be different.
09:31:33 We may be unique.
09:31:35 And I don't know what the hell we are doing right.
09:31:37 But we are certainly doing something right because a lot of
09:31:41 people want to move to this area.
09:31:43 So if you control your destiny -- and I have nothing against
09:31:46 signs -- but I have something against pole signs on city
09:31:55 rights-of-way.
09:31:55 They are controlled maybe by a monopoly.
09:31:58 I don't disagree with you.
09:31:59 But that leads me to believe when this comes up I will be
09:32:02 voting against all sides on poles to the right-of-way of the
09:32:07 City of Tampa.
09:32:08 I am not going to debate.
09:32:10 >> Okay.
09:32:12 >>FRANK REDDICK: Next speaker.
09:32:14 >> Good morning.
09:32:18 My name is Joe Chillura, 4506 Ferncroft circle in Tampa and
09:32:25 I'm here essentially to support this resolution.
09:32:29 And I stood in your shoes many years ago, started out with
09:32:32 Charlie when we were teenagers.
09:32:34 We served on the City Council, remember.
09:32:40 >>CHARLIE MIRANDA: You were eight.
09:32:41 (Laughter).
09:32:41 >> But anyway there's some fundamental questions when you
09:32:45 sat in your shoes.
09:32:46 The fundamental question is does this concept serve a public
09:32:49 purpose?
09:32:50 I believe that it does.
09:32:52 If it's done tastefully.
09:32:53 The second thing is in the process of serving that public
09:32:57 purpose, had you not created a monopoly.
09:33:01 It's clear to me that a monopoly has been created
09:33:05 inadvertently but nevertheless a monopoly.
09:33:08 So as you and the legal department ponder this issue, please
09:33:12 keep those in mind.
09:33:14 My reason for being here today is Mike and I have done
09:33:17 business for almost 30 years now, and you can vouch for the
09:33:22 work that they do, the quality of it, and the tastefulness
09:33:25 of it.
09:33:26 And Charlie, I think you were against pole signs back when
09:33:30 we were teenagers, as I recall.
09:33:33 And so nothing has changed.
09:33:35 But I do think that if they are done appropriately with a
09:33:39 good design intent, that they can add to the flavor and the
09:33:44 character of the community.
09:33:46 Thank you.
09:33:48 Ever? Next speaker.
09:33:55 >> Good morning.
09:33:56 My name is Tom feaster.
09:33:58 I live at 401 Harbor Island place, Tampa, Florida.
09:34:04 And I want to speak on the resolution regarding the banners.
09:34:09 First of all, Charlie, I'm a fan of street pole banners and
09:34:14 spoke before this council as a pole banner advocate during
09:34:18 both the Greco and the Iorio administration.
09:34:20 I also attended the subject in Tallahassee as advocate for
09:34:25 the Florida Department of Transportation administrative code
09:34:28 dealing with pole banners on the state rights-of-way.
09:34:32 And the code is currently in effect.
09:34:37 Some of these FDOT streets in Tampa include Kennedy,
09:34:40 Jackson, Florida, and Tampa Street, which are some of the
09:34:43 most well traveled roads in the city, downtown.
09:34:47 I agree with both Mr. Pressman and Mr. Garcia, and the way
09:34:56 this program is currently delivered in Tampa stifles
09:34:59 competition.
09:35:01 Why not expand the opportunity to market and produce these
09:35:04 banners to other professionals?
09:35:06 OAI, I think, as you just heard, is a Tampa-based company,
09:35:10 and whose business is visual branding.
09:35:13 They present a wealth of expertise and have full time
09:35:18 artists that work on their staff.
09:35:26 A company such as this, for pole banner services in a more
09:35:29 efficient and less expensive manner.
09:35:33 I am aware that some of the poles were banners are placed
09:35:37 are owned by an electric company in the City of Tampa.
09:35:40 They are concerned about safety and the integrity of their
09:35:43 poles.
09:35:44 This is certainly understandable.
09:35:47 But why should the electric company or the city, if another
09:35:52 vendor employs the same electric company to install pole
09:35:56 banners, was able to give the displayers a more competitive
09:35:59 product at a more reasonable price?
09:36:03 The amendment that Todd Pressman proposed, I am totally in
09:36:08 support of it.
09:36:10 Thank you very much.
09:36:13 >>FRANK REDDICK: Next speaker.
09:36:13 >> Good morning.
09:36:19 My name is Larry Ship.
09:36:21 I live at 19143 Tampa, New Tampa Boulevard out in New Tampa,
09:36:27 and I'm here to speak in conjunction with the resolution on
09:36:32 the banner program.
09:36:33 I believe this resolution is a right step to enhance
09:36:37 economic impact of the cultural assets of Tampa.
09:36:40 But I also believe the council is missing an opportunity to
09:36:43 enhance the economic impact to the city's small businesses.
09:36:49 The banner program should be inclusive to all businesses and
09:36:52 not to ab preselected one.
09:36:56 The resolution implies that a public-private partner has
09:36:59 already been selected.
09:37:00 Who is it?
09:37:02 Why them?
09:37:02 And why was there not an RFP or RFQ for this opportunity?
09:37:09 If a public-private partner has not been selected, then this
09:37:12 resolution for public-private partner will be established or
09:37:16 selected.
09:37:17 I encourage the council to consider the true business
09:37:20 economic impact of such a program.
09:37:24 Using Maim as a model, their model is open to all vendors.
09:37:28 The city collects revenue via fee and only those companies
09:37:31 that have the capacity to produce, monitor a program to
09:37:38 participate and survive.
09:37:39 That's true capitalism.
09:37:41 I hope that you do not pass this resolution in the form that
09:37:45 it is written, and the amendment of the resolution language
09:37:49 that is clear, that this program has a level playing field
09:37:52 for Tampa businesses.
09:37:56 This program will take effect once a public-private partner
09:37:59 has been vetted and selected, via RFQ or RFP or have the
09:38:06 program be open to all interested businesses.
09:38:12 Thank you very much.
09:38:13 >>FRANK REDDICK: Anyone else wishing to speak during public
09:38:16 comment?
09:38:16 Anyone else?
09:38:19 Let's go.
09:38:20 >> Derek Chamblee, Google D-E-R-E-K-C-H-A-M-B-L-E-E.
09:38:39 Derek Chamblee, Google entelinter.
09:38:50 Google "Tampa Bay Times," entelinter, Donald Trump the
09:39:01 winner of the Florida primary March 15th.
09:39:05 I wanted to speak first about this parking thing.
09:39:18 This parking privilege.
09:39:21 And I just wanted to remind you it could lead to all kind of
09:39:28 things where you are parking and you get in arguments with
09:39:31 the particular parking lot attendant or whatever, because
09:39:36 they expect you to pay, and you have got to prove who you
09:39:40 are, and privilege thing.
09:39:42 And I wanted to remind you that when our agent booted Mayor
09:39:51 Greco, a higher up told him, hey, you have to pay the pay
09:39:55 box, you have taken up two spaces.
09:39:58 If I were working that night I would recognize his Lincoln
09:40:02 and wouldn't have done it.
09:40:04 But anyway, the thing about it is, he made such an issue out
09:40:07 of it and the public backlash was such that his particular
09:40:14 vote on extending term limits failed.
09:40:16 At any rate, I really wanted to talk about the Tampa
09:40:21 Hillsborough battleground zero, the epicenter of the 2016
09:40:27 presidential election, and the thing is that's very
09:40:31 disturbing out of many of the parts of the state are the
09:40:37 possibility that the mail-in vote may be tampered with, that
09:40:42 there's a breech in the data bank on the particular absentee
09:40:48 ballot, recipients of the mail, a vote, to change their
09:40:55 addresses so there's a high percentage undeliverable.
09:41:01 And this seems to be some sort of -- oh, and another thing,
09:41:06 too.
09:41:07 They have got a scan to scan the signatures.
09:41:09 There may be fraud on the signature card by the opposition.
09:41:12 And there's this thing to stop Donald Trump, and there's
09:41:16 this thing that Jeb Bush and his backing of Marco Rubio and
09:41:22 the Republican party will stop at nothing.
09:41:24 And so we have alerted the U.S. Department of Justice and
09:41:29 the SEC.
09:41:33 (Bell sounds)
09:41:34 Thank you very much.
09:41:36 >>FRANK REDDICK: Thank you.
09:41:37 All right.
09:41:38 Ms. Capin.
09:41:40 >>YVONNE CAPIN: Yes, I wanted to tell everyone that this
09:41:42 banner resolution came about because the cultural assets
09:41:47 committee and the City of Tampa, who is charged with
09:41:50 bringing forth legislation that may leverage cultural
09:41:55 assets, and yet what came about was that we have the
09:42:01 distinct neighborhoods in our city, and you don't know if
09:42:05 you are in Channelside or if you are downtown Tampa.
09:42:08 And that was how this came about.
09:42:10 Looked into it, found out about who runs the program and how
09:42:15 it's run.
09:42:17 And you know the lightning is very aware of the banners, and
09:42:23 they use them very wisely.
09:42:28 Thank you for bringing that forth.
09:42:29 I think that that is a conversation, but when we brought it
09:42:33 forth, this body did not want to talk about details.
09:42:39 Did not want to talk, because then we would be -- we would
09:42:45 be sending the message to the administration of how to run
09:42:49 this program.
09:42:52 And if you want, we will pull the transcript so everyone can
09:42:55 see it.
09:42:56 So this resolution came about very basically.
09:43:01 The administration looked at the banners, looked at what it
09:43:04 can do for our city, how it's done with the administration.
09:43:09 And I am glad you brought it up because we did notice that.
09:43:12 But we were not -- that's not our purview.
09:43:17 As a cultural assets committee.
09:43:19 Our purview was to bring forth legislation that would
09:43:22 enhance those cultural assets.
09:43:24 And so I just want to explain that.
09:43:26 But I am glad you came up to speak about it.
09:43:31 And I'm just a hot button gal.
09:43:35 So here we go.
09:43:38 So we'll be back March 17.
09:43:40 And we'll see where it goes.
09:43:42 Thank you.
09:43:42 And I just want to say thank you to you all for coming.
09:43:47 >>FRANK REDDICK: All right.
09:43:49 Let me just remind the audience that this council voted to
09:43:57 temporarily, until we make it permanent, follow agenda
09:44:02 items, we came up with a new agenda order for conducting
09:44:06 council business.
09:44:06 And I'm following that particular item this morning.
09:44:14 So what you might have that you got from the calendar might
09:44:17 be different from where I am going, because to temporarily
09:44:25 try this.
09:44:26 So that being said, the next item will be requests by the
09:44:31 public for reconsideration of legislative matters.
09:44:35 Seeing none, we go to committee reports.
09:44:44 Parks, recreation committee, Mr. Cohen.
09:44:47 >>HARRY COHEN: I move items 9 through 11.
09:44:50 >> Second.
09:44:51 >>FRANK REDDICK: Seconded by Mr. Suarez.
09:44:53 All in favor of the motion say aye.
09:44:54 Opposed?
09:44:55 Parks, recreation, cultural committee, Mr. Maniscalco.
09:44:59 >>GUIDO MANISCALCO: Thank you very much.
09:45:00 I move items number 12 through 21.
09:45:03 >>HARRY COHEN: Second.
09:45:05 >>FRANK REDDICK: Seconded bid Mr. Cohen.
09:45:06 All in favor say aye.
09:45:07 Opposed?
09:45:08 Public works, Mr. Suarez.
09:45:09 >>MIKE SUAREZ: I move items 22 through 28.
09:45:12 >> Second.
09:45:15 >>FRANK REDDICK: Got a motion from Mr. Suarez, second by Mr.
09:45:17 Cohen.
09:45:18 All in favor?
09:45:18 Opposed?
09:45:19 Finance Committee.
09:45:20 >>HARRY COHEN: Move items 29 through 373.
09:45:23 >> Second.
09:45:26 >>FRANK REDDICK: Motion by Mr. Cohen.
09:45:27 Second by Mr. Suarez.
09:45:28 All in favor?
09:45:29 Opposed?
09:45:29 All right.
09:45:30 Building zoning recreation, Ms. Montelione.
09:45:33 >>LISA MONTELIONE: I move items 34 through 49.
09:45:37 >> Second.
09:45:39 >>FRANK REDDICK: I got a motion from Mrs. Montelione.
09:45:40 Second by Mr. Suarez.
09:45:42 All in favor say aye.
09:45:43 Opposed?
09:45:44 Okay.
09:45:44 Transportation committee, Ms. Capin.
09:45:47 >>YVONNE CAPIN: Thank you, Mr. Chair.
09:45:48 I move items 50 through 57.
09:45:50 >> Second.
09:45:53 >>FRANK REDDICK: Motion by Ms. Capin, seconded by Mr.
09:45:56 Suarez.
09:45:58 Motion carried.
09:45:59 Item 58.
09:45:59 >> Motion to set public hearing.
09:46:01 >> So moved.
09:46:02 >> Second.
09:46:04 >>FRANK REDDICK: Motion by Mrs. Montelione.
09:46:05 Seconded by Mr. Cohen.
09:46:06 All in favor?
09:46:08 Opposed?
09:46:10 All right.
09:46:10 We go to second readings.
09:46:11 >>MIKE SUAREZ: Move to open public hearings 59 through 65,
09:46:20 I believe.
09:46:30 66.
09:46:32 >>FRANK REDDICK: Motion by Mr. Suarez.
09:46:33 Seconded by Ms. Capin.
09:46:35 All in favor?
09:46:36 Opposed?
09:46:36 All right.
09:46:37 Item number 59.
09:46:44 Before you start, item number 59.
09:46:51 Anyone going to speak on number 59 through 666, please stand
09:47:02 to be sworn in.
09:47:02 (Oath administered by Clerk)
09:47:13 >>ABBYE FEELEY: Land Development Coordination.
09:47:15 Items number 59 through 66 requiring certification have been
09:47:21 certified and provided to the city clerk.
09:47:22 I also have copies of those plans if you need to see them.
09:47:26 Thank you.
09:47:37 I don't see the applicant here on item number at.
09:47:40 This was a rezoning on west Cass Street.
09:47:44 >>FRANK REDDICK: Anyone in the public wish to speak on item
09:47:46 number 59?
09:47:47 >> Move to close.
09:47:49 >> Second.
09:47:50 >>FRANK REDDICK: Motion by Mr. Miranda.
09:47:51 Seconded.
09:47:54 All by Mr. Suarez.
09:47:58 All in favor?
09:47:59 Opposed?
09:48:00 Mrs. Montelione.
09:48:00 >>LISA MONTELIONE: Thank you very much.
09:48:06 I move an ordinance being presented for second reading and
09:48:10 adoption.
09:48:10 An ordinance rezoning property in the general vicinity of
09:48:13 3208 west Cass street in the city of Tampa, Florida and more
09:48:16 particularly described in section 1 from zoning district
09:48:18 classifications RS-50 residential, single-family, to PD,
09:48:22 planned development, residential, single-family, detached,
09:48:25 providing an effective date.
09:48:25 >>MIKE SUAREZ: Second.
09:48:31 >>FRANK REDDICK: Please record your votes.
09:48:32 >>THE CLERK: Motion carried with Maniscalco absent at vote.
09:48:48 >>FRANK REDDICK: Item 60.
09:48:53 Item number 60.
09:48:58 >> I thought Abbye was going to go.
09:49:23 Council members, I'm here for item number 60.
09:49:26 This was our request for a PD on a property that we own at
09:49:30 203 south Renellie.
09:49:38 I'm the owner of the property.
09:49:40 We made some revisions that staff had requested from the
09:49:44 February hearing.
09:49:46 And I guess that was my only update.
09:49:50 >>FRANK REDDICK: Any questions by council?
09:49:51 Anyone in the public wish to speak on item number 60?
09:49:56 Anyone in the public wish to speak on item 60?
09:50:14 >> Chris James? Thank you.
09:50:16 One additional name.
09:50:17 >> My name is Jackie Toledo.
09:50:20 I have been a resident of Beach Park for over ten years.
09:50:24 And I am also a licensed professional engineer in the State
09:50:26 of Florida.
09:50:28 I ask you to uphold the RS-75 zoning requirement on 203
09:50:33 south Renellie street. In 194 this property was designated
09:50:39 as RS 75.
09:50:40 During that time there have been lots developed, platted 60
09:50:47 lots and the map that was provided to you previously by
09:50:47 staff shows these conforming and nonconforming lots.
09:50:52 These have since been rebuilt with a single-family home if
09:50:57 needed. However, the intent of the RS-75 and RS 6 is it
09:51:02 would have 75-foot going forward, and redevelopment in our
09:51:05 neighborhood shows that trend.
09:51:07 As stated by some showing the average redevelopment between
09:51:12 86 and 93 feet.
09:51:14 On page 6, item number 5, it encourages land development
09:51:19 which reduces transportation needs, conserve energy and will
09:51:22 maximize the preservation of natural resources.
09:51:25 This will not be reducing transportation needs and will
09:51:29 further put a burden on an existing flooding problem by
09:51:32 increasing the amount of permeable land.
09:51:34 Furthermore, the goals, objectives and policies of the Tampa
09:51:37 comprehensive plan 18.1 states to preserve and enhance
09:51:43 neighborhood identity and livability.
09:51:46 This will not be preserving the identity of Beach Park.
09:51:52 Better precedent contains the look and feel of Beach Park.
09:51:55 I own two houses on Renellie street, and after reviewing
09:51:59 this application I looked at 50 foot lots.
09:52:04 Approving this would mean I can come back for approval of
09:52:08 splitting my lot, and I'm sure many people will come and
09:52:11 follow, and ask you to split their lots and disregard the
09:52:16 RS-75 designation.
09:52:17 I respectfully ask that you please uphold the RS-75 zoning
09:52:21 and please preserve Beach Park and keep it from losing its
09:52:26 identity.
09:52:27 Thank you.
09:52:36 >>MARGARET VIZZI: 213 South Sherill, representing Beach
09:52:42 Park.
09:52:43 I'm here to correct some of the misinformation you that were
09:52:47 given at our last hearing.
09:52:48 First of all, Cleveland street is not a commercial street.
09:52:51 It's commercial from downtown until it hits Armenia and then
09:52:55 becomes residential all the way to the bay.
09:52:58 So that's wrong information that you were given.
09:53:05 The other thing that the Planning Commission said that they
09:53:09 don't pay attention to zoning.
09:53:12 Well, I don't know then why in our comprehensive plan that
09:53:17 specifically says that RS 6 zoning is not to go below RS-75.
09:53:25 And yet that does exactly this.
09:53:28 And as Jackie just pointed out to you and we pointed out to
09:53:32 he at the last hearing, there are many, many lots when Beach
09:53:36 Park was developed that are 20-foot lots.
09:53:39 People bought four and five them and built homes on them.
09:53:42 Could they now come back and say -- Jackie said 50. Could
09:53:48 they now come back and say the original zonings were 20?
09:53:52 I hope not, council.
09:53:54 And I hope that because of this, you do deny this.
09:54:03 I call it an 80% rule because that's what this is.
09:54:07 It's RS-75 that is now on that property down to 60.
09:54:14 And that is not the way Beach Park has redeveloped, and the
09:54:24 papers, that our president was supposed to be here, brought
09:54:28 to you last time.
09:54:29 And I don't know if any of you had time to review all of
09:54:33 those, but most assuredly, they do show that this is not an
09:54:39 appropriate thing to be done.
09:54:41 And please deny it.
09:54:45 Thank you.
09:54:45 >> My name is Peggy Curlin, 212 South O'Brien, and I have
09:54:59 lived there since 1969.
09:55:03 Beach Park is -- my lot is 72 feet wide which is less than
09:55:09 the RS-75 but it's a lot that was planted a long time ago.
09:55:15 And I understand that the intention of the RS-75 zoning was
09:55:22 that anybody who had a house on a nonconforming lot through
09:55:27 R-75 would be allowed to keep that lot and keep their house,
09:55:33 and if they had to rebuild, they could rebuild on that lot.
09:55:39 The property in question is two platted lots.
09:55:44 But the two lots put together do not give you two 75-foot
09:55:50 lots.
09:55:50 It's like maybe 60, 62-foot lots.
09:55:55 If you approve ignoring the R-75 zoning and allow somebody
09:56:02 to build on two 60-foot lots, then pretty soon somebody will
09:56:06 come and say, okay, you gave them approval for two 60-foot
09:56:10 lots.
09:56:10 I have got two 50-foot lots.
09:56:13 You should give me approval to build two houses.
09:56:15 And then if you approve that, somebody is going to say well,
09:56:19 I have two 40-foot lots.
09:56:22 You just think we are opening up the door to a very bad
09:56:25 precedent.
09:56:25 And I would ask council to please uphold the R-75 zoning.
09:56:30 Thank you.
09:56:32 >>FRANK REDDICK: Thank you.
09:56:39 >> I want to speak on this because I am really sticking
09:56:41 around to speak on item 69.
09:56:44 But there's been kind of bundling of 59 through 66 so I'll
09:56:48 address all of them.
09:56:52 >>FRANK REDDICK: Whoa, whoa.
09:56:53 >> I raised the point about what's happening in Sulphur
09:56:57 Springs.
09:56:57 And you have the power -- with Sulphur Springs --
09:57:07 >> Mr. Tillou.
09:57:09 >> You can put a moratorium and --
09:57:13 >>FRANK REDDICK: This is the last warning.
09:57:17 You speak to this or not speak at all.
09:57:19 >> To all of them.
09:57:23 Gives you a lot of power you never use and just the threat
09:57:26 of that would bring order in Sulphur Springs.
09:57:30 >>FRANK REDDICK: All right, anyone else to speak on item
09:57:32 number 60?
09:57:34 Anyone else wish to speak on item number 60?
09:57:37 >> Move to close.
09:57:41 >>FRANK REDDICK: Motion by Mr. Miranda.
09:57:42 >> The petitioner again.
09:57:49 I just want to address a few of the things that came up.
09:57:53 I totally understand what Jackie and Heidi and the other
09:57:58 ladies were saying about potentially setting a precedent.
09:58:00 The key thing that's being missed here is the lots are
09:58:03 bigger than RS-75.
09:58:05 So in the old Beach Park, there's 20 and 50-foot lots.
09:58:09 They don't meet 7500 square feet of land.
09:58:12 Our property is over 8,000 square feet of land even with the
09:58:15 PD.
09:58:16 So to say that the old plat and everybody is going to have
09:58:21 this chain reaction, that is not factual because somebody
09:58:25 who has like the HOA president of Beach Park, a 50-foot lot,
09:58:29 he's below 7500 square feet.
09:58:32 So you really have to kind of look at all those variables.
09:58:35 It's not that we are trying to basically go back to two
09:58:38 lots, buildable lots.
09:58:42 The transportation and flooding, I talked about it at the
09:58:45 last meeting, we had the concurrency certificates as part of
09:58:48 the process, but there's no transportation impact, there's
09:58:50 no utility impact, there's no flooding.
09:58:53 We had to have go through that and that's all part of the
09:58:56 file.
09:58:57 And -- oh, and then from the standpoint of the planned
09:59:03 development, the reason that this also doesn't set any sort
09:59:05 of chain reaction or domino, this property is in the
09:59:09 northern-most point of Beach Park.
09:59:11 It is literally the northern two most lots, an addition of
09:59:15 Beach Park.
09:59:16 So I went through and read all of the letters and everything
09:59:20 that got submitted.
09:59:21 They are really talking about the center of it of Beach
09:59:24 Park.
09:59:26 These lots, Cleveland, whether it's commercial or not,
09:59:29 directly north of it is a 50,000 square foot house.
09:59:33 You walk out of my property and go directly north there's no
09:59:35 residential -- there is high density commercial.
09:59:41 In addition, the last thing is the grand oak that's on the
09:59:43 property that Mary in the natural resources department, we
09:59:47 actually agreed to move the house back further than would be
09:59:51 allowed under the existing.
09:59:52 That was a unique site condition just because there is a
09:59:55 grand oak on the property.
09:59:56 So we are going to greater than what's required under the
10:00:01 current plan.
10:00:01 Just wanted to point out that it is a very unique site and I
10:00:07 think when you look at the facts of the specific one, it is
10:00:11 very unique.
10:00:12 >>CHARLIE MIRANDA: Would the staff or petitioner somebody
10:00:17 that can put up the original photo of the lots, the
10:00:19 configuration.
10:00:20 There was some coloring of what was there, 60 and 75-foot
10:00:24 lots, just to let the public who is viewing understand what
10:00:27 we are talking about.
10:00:28 >>ABBYE FEELEY: Land Development Coordination.
10:00:38 This is the nonconforming, conforming map that was done,
10:00:47 again.
10:00:48 The one thing I just wanted to clear up was you see here,
10:00:52 this is underlying land use.
10:00:54 All that yellow is R-6, residential 6.
10:00:58 Six units to the acre. That requires that each lot within
10:01:00 this area is a minimum of 7,260 square feet.
10:01:06 70 through 60.
10:01:08 Any lot that comes in within this yellow area has to be a
10:01:11 minimum of 7260 which is just shy of the RS-75 but would
10:01:18 either be RS-75 or a PD.
10:01:20 That yellow area does not allow for consideration of an
10:01:23 RS-60 because the comprehensive plan does not support that.
10:01:26 So it has to be 7260 or greater.
10:01:30 Any new lots created in this area.
10:01:32 This is the nonconforming/conforming.
10:01:36 This property is shown in green.
10:01:38 The blue are less than 75 feet in width.
10:01:41 The red are 75 feet in width or greater.
10:01:45 It was a split based on the surrounding blocks.
10:01:48 And again, as discussed, this is the Panera, petco, large
10:01:56 retail strip center immediately to the north, one block off
10:02:00 of Kennedy.
10:02:01 You have Kennedy.
10:02:01 Then Cleveland.
10:02:02 The subject property.
10:02:04 Westshore to the west.
10:02:06 Renellie to the east.
10:02:09 Is that the information you are looking for, Mr. Miranda?
10:02:12 >>CHARLIE MIRANDA: Yes, thank you very much.
10:02:17 >>YVONNE CAPIN: Ms. Feeley, just curiosity, but that park is
10:02:22 Beach Park.
10:02:23 Isn't that Beach Park?
10:02:24 Because I lived in Beach Park and many years ago I had an
10:02:28 appraiser appraise my home and tell me Beach Park --
10:02:34 >>ABBYE FEELEY: It is not part of the original Beach Park.
10:02:36 This is the plat just for that block.
10:02:41 It was Beach Park annex.
10:02:44 I have the original.
10:02:45 Here is Beach Park unit 4.
10:02:48 Beach Park unit 3.
10:02:49 But this was an annexed piece.
10:02:52 As you can see from the plat, Azeele, Cleveland, Renellie,
10:02:59 Trask.
10:02:59 It was a one block subdivision that occurred years after the
10:03:02 original Beach Park.
10:03:03 >> Do you have an idea what year that was?
10:03:09 It's really small print.
10:03:11 >>ABBYE FEELEY: March 6 of 1925 was the annex.
10:03:20 >>YVONNE CAPIN: Excellent.
10:03:24 >>ABBYE FEELEY: Unit 3 was March 17th of 1937.
10:03:31 And unit 4, I am going to need a magnifying glass.
10:03:37 Zoom in a little on that.
10:03:38 So there's obviously units 1 and 2 -- I didn't bring all the
10:03:44 plats with me but this was a separate entity that was done
10:03:48 afterwards.
10:03:50 >>YVONNE CAPIN: Thank you.
10:03:50 And afterwards, 1925.
10:03:52 The appraisal was done in -- the appraisal was way off.
10:03:57 Anyway, I was just curious about that.
10:04:00 Thank you.
10:04:01 >>FRANK REDDICK: All right.
10:04:02 Questions from council ever? Any last minute comments?
10:04:06 >> Yes, sir, I stand for any questions.
10:04:09 >>FRANK REDDICK: Anyone wish to speak on item 360?
10:04:11 >> Move to close.
10:04:12 >> Motion by Mr. Miranda.
10:04:14 Second by Mr. Coven.
10:04:16 All in favor say aye.
10:04:18 Opposed?
10:04:18 Mr. Cohen.
10:04:19 >>HARRY COHEN: I move an ordinance being presented for
10:04:22 second reading and adoption, an ordinance rezoning property
10:04:25 in the general vicinity of 203 south Renellie drive in the
10:04:29 city of Tampa, Florida and more particularly described in
10:04:31 section 1 from zoning district classification RS-75
10:04:35 residential single-family to PD planned development,
10:04:37 residential single-family detached, providing an effective
10:04:40 date.
10:04:40 >> Second.
10:04:42 >>FRANK REDDICK: I got a motion from Mr. Cohen, seconded by
10:04:45 Mrs. Montelione.
10:04:46 Please record your vote.
10:04:53 >>THE CLERK: Motion carried unanimously with Maniscalco
10:04:58 voting no.
10:05:00 >>FRANK REDDICK: Unanimously?
10:05:04 (Laughter)
10:05:04 All right.
10:05:09 Item number 61.
10:05:14 Item number 61.
10:05:21 Item number 61.
10:05:22 >> Richard Davis, attorney for the applicant.
10:05:30 We have no presentation.
10:05:33 Just answer questions if you have any questions.
10:05:36 >>FRANK REDDICK: Any questions from council?
10:05:37 Anyone in the ordinance wish to speak on item number 61?
10:05:40 >> Move to close.
10:05:41 >> Second.
10:05:42 >>FRANK REDDICK: Got a motion from Mr. Miranda.
10:05:44 Seconded bid Mr. Cohen.
10:05:45 All in favor say aye.
10:05:46 Opposed?
10:05:47 Ms. Capin, would you read item 61?
10:05:52 >>YVONNE CAPIN: Thank you, with pleasure.
10:05:53 An ordinance presented for second reading and adoption, an
10:05:55 ordinance rezoning property in the general vicinity of 103
10:05:58 South Howard Avenue in the city of Tampa, Florida and more
10:06:01 particularly described in section 1 from zoning district
10:06:04 classifications PD planned development, office,
10:06:08 business/professional, to PD, planned development, parking,
10:06:12 principal, providing an effective date.
10:06:17 >> Second.
10:06:19 >>FRANK REDDICK: Got a motion from Ms. Capin, seconded by
10:06:23 Mr. Suarez.
10:06:26 Pleas record your vote.
10:06:27 >>THE CLERK: Motion carried unanimously.
10:06:34 >>FRANK REDDICK: Item number 62.
10:06:35 >>HARRY COHEN: I want to remind everyone that I am
10:06:41 abstaining from voting on this matter because my synagogue
10:06:45 is the petitioner.
10:06:48 >>FRANK REDDICK: All right.
10:07:06 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza on behalf
10:07:11 of the petitioner.
10:07:12 >>FRANK REDDICK: Any questions from council?
10:07:14 Anyone in the public wish to speak on item number 62?
10:07:18 >> Move to close.
10:07:19 >>FRANK REDDICK: Motion from Mr. Miranda.
10:07:20 Seconded by Mr. Maniscalco.
10:07:22 All in favor?
10:07:23 Opposed?
10:07:24 All right.
10:07:24 Mr. Suarez.
10:07:25 Would you read number 62?
10:07:27 >>MIKE SUAREZ: I present an ordinance for second reading
10:07:30 and adoption, an ordinance rezoning property in the general
10:07:33 vicinity of 2801 Bayshore Boulevard in the city of Tampa,
10:07:36 Florida and more particularly described in section 1 from
10:07:38 zoning district classifications PD planned development,
10:07:41 place of religious assembly, to RM-24, residential,
10:07:44 multifamily, providing an effective date.
10:07:45 >> Second.
10:07:47 >>FRANK REDDICK: I got a motion from Mr. Suarez.
10:07:49 Seconded by Mr. Miranda.
10:07:50 Please record your vote.
10:07:59 >>THE CLERK: Motion carried with Cohen abstaining.
10:08:02 >> Thank you.
10:08:08 >>REBECCA KERT: Legal department.
10:08:10 On item 63, you will recall that this was a parking lot on
10:08:14 Armenia Avenue.
10:08:15 You may also recall that last time they were requesting to
10:08:18 retain the original entitlements from the planned
10:08:21 development which were retail sales, office and business
10:08:23 professional, but you add principal parking.
10:08:26 You recall the ordinance did not directly reflect that
10:08:29 carry-through.
10:08:30 Unfortunately when I read it to you, I read it off the
10:08:32 agenda, and retail sales was also dropped.
10:08:34 The presentation to you was correct.
10:08:36 However, I was not able to put substitute in advance of
10:08:39 that.
10:08:39 So the corrected ordinance I have is to be adopted today
10:08:46 from planned development, retail sales, office, planned
10:08:49 development, to retail, principal parking, and I will
10:08:54 provide that to the clerk.
10:08:56 >>FRANK REDDICK: Any questions from council?
10:09:02 Anyone in the audience wish to speak on item 63?
10:09:06 >>CHARLIE MIRANDA: Move to close.
10:09:06 >> Second.
10:09:07 >>FRANK REDDICK: Motion by Mr. Miranda.
10:09:09 Second by Mrs. Montelione.
10:09:10 All in favor say aye.
10:09:12 Opposed?
10:09:12 Mr. Miranda.
10:09:19 >>CHARLIE MIRANDA: I move a substitute ordinance, ordinance
10:09:24 REZ 16-07.
10:09:25 I guess the file number remains the same.
10:09:30 Ordinance rezoning property in the general vicinity of 3708
10:09:33 North Armenia Avenue in the city of Tampa, Florida and more
10:09:35 particularly described in section 1 from zoning district
10:09:37 classifications PD planned development, retail sales,
10:09:39 office, business professional, to PD, planned development,
10:09:43 retail sales, office, business/professional and principal
10:09:43 parking, providing an effective date.
10:09:50 >>FRANK REDDICK: Motion by Mr. Miranda. Seconded by Mr.
10:09:53 Maniscalco.
10:09:53 Please vote.
10:10:02 >>THE CLERK: Motion carried unanimously.
10:10:05 >>FRANK REDDICK: Item number 64.
10:10:10 >> Lucas Carlos, I have no presentation.
10:10:17 Here for questions.
10:10:18 >>FRANK REDDICK: Questions from council?
10:10:19 Anyone in the public wish to speak on item number 64?
10:10:24 >>CHARLIE MIRANDA: Move to close.
10:10:25 >>FRANK REDDICK: Motion by Mr. Miranda.
10:10:26 Second by Mrs. Ms. Montelione.
10:10:29 All in favor everybody? Opposed?
10:10:31 All right.
10:10:33 >>LISA MONTELIONE: I move an ordinance presented for second
10:10:35 reading and adoption, an ordinance rezoning property in the
10:10:38 general vicinity of 5103 east Fowler Avenue in the city of
10:10:43 Tampa, Florida and more particularly described in section 1
10:10:44 from zoning district classifications CG commercial general
10:10:47 and PD planned development to PD planned development
10:10:49 restaurant with a drive-in window and strip shopping center
10:10:51 with commercial general uses, providing an effective date.
10:10:54 >> Second.
10:10:56 >>FRANK REDDICK: Motion by Ms. Montelione.
10:10:58 Second by Mr. Miranda.
10:10:59 Please record your vote.
10:11:05 >>THE CLERK: Motion carried unanimously.
10:11:09 >>FRANK REDDICK: Item number 65.
10:11:10 >> 400 North Ashley Drive.
10:11:23 The site plan revisions are being revised, and confirmed.
10:11:27 If you have any questions, I'm here.
10:11:31 >>FRANK REDDICK: You did a good job for your first time.
10:11:34 Any questions from council?
10:11:38 All those in favor -- anyone from the public wish to speak
10:11:41 on item number 65?
10:11:42 >>CHARLIE MIRANDA: Move to close.
10:11:45 >>FRANK REDDICK: Motion by Mr. Miranda.
10:11:47 Second by Ms. Capin.
10:11:48 All in favor?
10:11:50 Opposed?
10:11:50 Mr. Maniscalco.
10:11:51 >>GUIDO MANISCALCO: I have an ordinance being presented for
10:11:54 second reading and adoption, an ordinance rezoning property
10:11:56 in the general vicinity of 2102, 2210 and 2266 East Fowler
10:12:04 area in the city of Tampa, Florida and more particularly
10:12:07 described are in section I from zoning district
10:12:09 classification CG to PD general uses and restaurant
10:12:11 drive-in, providing an effective date.
10:12:14 >> I have a motion from Mr. Maniscalco.
10:12:17 Seconded by Mr. Suarez.
10:12:19 Please record your vote.
10:12:19 >>THE CLERK: Motion carried unanimously.
10:12:37 >>FRANK REDDICK: Item number 66.
10:12:39 >> Cliff Fernandez, 3318 South Westshore Boulevard.
10:12:52 I have no presentation.
10:12:53 I stand for questions.
10:12:55 >>FRANK REDDICK: Any questions by council?
10:12:56 Anyone in the public wish to speak on item number 66?
10:12:59 >> Move to close.
10:13:05 >>FRANK REDDICK: Seconded by Ms. Montelione.
10:13:06 All in favor?
10:13:08 Opposed?
10:13:08 All right.
10:13:08 Mr. Cohen.
10:13:09 >>HARRY COHEN: Thank you very much, Mr. Chair.
10:13:11 I move an ordinance presented for second reading and
10:13:13 adoption, an ordinance rezoning property in the general
10:13:15 vicinity of 5109 North Tampa Street in the city of Tampa,
10:13:20 Florida and more particularly described in section 1 from
10:13:23 zoning district classification SH-RS Seminole Heights
10:13:27 residential, single-family detached, to SH-RS-A, Seminole
10:13:32 Heights, residential, single-family, attached, providing an
10:13:35 effective date.
10:13:38 >>FRANK REDDICK: Got a motion from Mr. Cohen.
10:13:42 Seconded by Mr. Suarez.
10:13:43 Please record your vote.
10:13:44 >>THE CLERK: Motion carried with Maniscalco voting no.
10:13:53 >> We go to item number 8 for first reading.
10:14:11 Item number 8.
10:14:12 First reading.
10:14:13 >>BOB McDONAUGH: Economic development.
10:14:28 What we are asking for council to do is to remove the
10:14:31 impact-free zones in Ybor City and Drew Park.
10:14:40 >>FRANK REDDICK: Any questions from council?
10:14:42 All right.
10:14:51 Do you want to read?
10:14:53 >>YVONNE CAPIN: Thank you, Mr. Chair W.pleasure.
10:14:55 Ordinance being presented for first reading consideration,
10:14:58 an ordinance of the city of Tampa, Florida relating to
10:15:00 extending time for Ybor City and East Tampa in a fee zones
10:15:03 for multimodal transportation impact fees and other general
10:15:07 corrections, making revisions to City of Tampa code of
10:15:11 ordinances chapter 25, transportation, amending section
10:15:14 25-70, payment of multimodal transportation impact fee,
10:15:19 amending section 25-74, exemptions from and credits for
10:15:24 multimodal transportation impact fee, amending article IUI,
10:15:29 technical provisions, exhibit II, multimodal transportation
10:15:33 impact fee districts, replacing maps 25.1 and 25.1-B,
10:15:40 amending article III technical provisions, exhibit IV, no
10:15:46 multimodal transportation impact fee zones, replacing maps
10:15:50 25.1-G and 25.1 I and deleting map 25.1-H, providing for
10:16:01 repeal of all ordinances in conflict, providing for
10:16:04 severability, providing an effective date.
10:16:05 >>HARRY COHEN: Second.
10:16:09 >>FRANK REDDICK: Motion by Ms. Capin.
10:16:11 Second by Mr. Cohen.
10:16:12 All in favor?
10:16:12 Opposed?
10:16:13 >> Motion carried with Maniscalco being absent at vote.
10:16:16 Second reading and adoption will be on March 17th, 2016
10:16:21 at 9:30 a.m.
10:16:26 >>FRANK REDDICK: We still have about 15 minutes before we
10:16:28 can go to public hearings set for 10:30 but we go to staff
10:16:31 reports and item number 2.
10:16:43 >>JEAN DUNCAN: Transportation, stormwater services.
10:16:46 I'm here to provide you with information regarding our
10:16:51 management program, and our planning back in November
10:16:55 speaking about the audit that's been performed and some
10:17:00 corrections that came out of that audit that you see that
10:17:02 are posted on your motion.
10:17:04 I would like to hand out a couple of visuals that I think
10:17:08 will help my explanation.
10:17:40 Basically, the visuals that I will share with you are a
10:17:44 little busy, and I apologize for that but I will walk you
10:17:47 through that and they will be very easy to understand once I
10:17:50 point out a few aspects.
10:17:55 Identifying the pavement needs of our roadways is to have
10:17:58 accurate inventory of what the roadway conditions are.
10:18:01 And we do what we call a pavement condition index rating, or
10:18:05 PCI rating, and we set them for conditions and put their PCI
10:18:17 ratings into a model and along with a lot of other factors
10:18:21 such as type of road, traffic patterns, weather, conditions,
10:18:26 to develop a management plan.
10:18:28 I will put the first one here on the Elmo.
10:18:37 Basically, in the last year, we have gone out and
10:18:44 inventoried all 1200 center line miles of our roadway and we
10:18:52 now have accurate information on the ratings of those
10:18:54 roadways.
10:18:55 'N as you look at this chart on the bottom on those blue
10:18:58 lines, you can see on the right-hand side with yellow around
10:19:04 it that shows we have a condition pavement rating of 71
10:19:08 which is the industry standard and we have shown a couple of
10:19:11 other cities around the State of Florida for comparison.
10:19:14 You can see that we stack up very well with some of our
10:19:17 peers out there around the State of Florida.
10:19:20 The orange line up and down on there is basically showing
10:19:24 the amount of inventory for each of those cities.
10:19:27 So we are doing very well with Tampa, and that we have four
10:19:29 center line miles than any other city, and we are also able
10:19:33 to have that in the standard of 71 as well.
10:19:39 So the next visual --
10:19:42 >>MIKE SUAREZ: Chair, if I could.
10:19:44 I apologize.
10:19:45 Own that graphic you just showed, put it up there again.
10:19:48 71 out of --
10:19:50 >>JEAN DUNCAN: Out of 100.
10:19:52 I'm sorry.
10:19:54 >>MIKE SUAREZ: Your chart only goes to 75 and says 70 is
10:19:59 average condition.
10:19:59 So we are average.
10:20:00 >>JEAN DUNCAN: Yes.
10:20:02 With 100 being the best and zero being the worst.
10:20:05 So 71 is considered a good average to be at.
10:20:09 And like you see with other cities in comparison, we are
10:20:13 right in the mix and we stack up very well with the other
10:20:16 cities.
10:20:17 >> Do you know of any other cities that have an 380 rating
10:20:20 or even close to 100?
10:20:23 >>JEAN DUNCAN: You don't know offhand.
10:20:25 But I think once I explain a little more, it might be more
10:20:29 obvious.
10:20:29 It is very difficult to obtain very high ratings.
10:20:32 >> It says average.
10:20:33 I need to know what it is on average.
10:20:38 So want to know at the same time what else.
10:20:41 Thank you, chair.
10:20:42 >>JEAN DUNCAN: If we could take a look at the next visual,
10:20:46 part of the question and your motion had to do with what we
10:20:53 anticipate the needs to be in terms of those dollars.
10:20:56 And so the visual is attempting to answer some of those
10:21:01 questions.
10:21:02 And if you can see on here if you look at the red line at
10:21:05 the bottom we are currently at the 71.
10:21:07 If we do not have any other dollars in our pavement system,
10:21:14 this is a snapshot look at the next slide here.
10:21:17 Obviously, our condition rating, which continues to decline,
10:21:21 and as you see with the red line it would go down to 59
10:21:26 which is not so great, and certainly it's obvious we would
10:21:31 decline if we don't put any money into the system.
10:21:34 If we were to continue forward with the current budget that
10:21:36 we have this year, which is 5.4 million, I assume we do a
10:21:41 little better than if we didn't invest any dollars at all,
10:21:44 but we would still be in the declining mode.
10:21:49 The top line represents maintaining the status quo of the
10:21:53 condition that we have currently.
10:21:55 And right now our estimation to obtain that status quo would
10:22:01 be about $14 million per year to invest in order to keep up
10:22:05 with the status quo.
10:22:11 But before the last visual, I want to explain very briefly
10:22:16 what the advantages to maintain the system at that 71 level.
10:22:21 Basically, you see on here on the left-hand side, Tampa at
10:22:27 71, which is between the fair and good rating.
10:22:31 And if you see the curve there on the right, it's our
10:22:34 current resurfacing considered to be X, whatever that number
10:22:38 may be.
10:22:40 And the system decline, that reconstruction cost goes up to
10:22:45 3 and sometimes even 4 or 5 times what you would have to pay
10:22:51 if your roads were in better condition.
10:22:53 (Bell sounds)
10:22:54 There's a lot of research and support to maintain a system
10:22:57 of pavement index at a higher level because then you are
10:23:01 only required to go out and resurface the road.
10:23:05 As your roads decline, your costs go up because you are not
10:23:08 only resurfacing, you are having to rebuild the entire road
10:23:11 base which is much more expensive.
10:23:16 So my conclusion is we have got the information now for our
10:23:19 planning.
10:23:20 For entering into this FY 17 budget.
10:23:24 And we are going to be stacking up these pavement management
10:23:28 needs along with the other needs we have in our
10:23:31 transportation system.
10:23:31 We have got traffic signals, we have safety promotion, other
10:23:34 capital projects.
10:23:36 Bridges.
10:23:37 So as we do every year, we will be stacking up all of those
10:23:41 needs, prioritizing all of those competing needs for the
10:23:46 dollars we have.
10:23:47 We are going to be developing a one-year resurfacing plan
10:23:50 and we are going to have a four-year outlook plan that will
10:23:53 go with that.
10:23:54 We are not able to have the five year resurfacing plan that
10:23:58 we can commit to because our dollars fluctuate every year as
10:24:01 to what's available.
10:24:03 But we will have an outlook plan to show what we perceive
10:24:07 future locations that need to be resurfaced each year as we
10:24:11 go through the budget process and the dollars, we'll have
10:24:16 attentive one year plan that we can plan to proceed on for
10:24:19 that year.
10:24:21 So that's my summary of what I understood to be the
10:24:25 questions deport motion.
10:24:26 I will be glad to take any questions.
10:24:28 >>FRANK REDDICK: Any questions from council?
10:24:29 >>HARRY COHEN: I actually wanted to make a statement.
10:24:43 This is one of the issues that we hear about most frequently
10:24:47 from our constituents.
10:24:49 It is a constant battle to keep up with the pavement
10:24:56 conditions that exist throughout the city.
10:24:59 And, you know, I'm reminded of what the people from Moffitt
10:25:03 said to us this morning, that when you ignore early
10:25:07 symptoms, the treatment becomes more significant and more
10:25:10 invasive as time goes on.
10:25:12 It appears to be the exact same situation with our streets.
10:25:16 And while it might be concerning that $14 million a year is
10:25:22 only going to buy us parity with where we are now, I think
10:25:28 this is money that we absolutely have to spend, and I'm
10:25:33 prepared to support not just this, but even additional money
10:25:35 to go towards some of these problems, because the perception
10:25:40 in the community is that the roads are in significantly
10:25:44 worse condition than the information you have given us.
10:25:46 And my guess is that is because some of the roads are
10:25:50 excellent, but some of them are in really, really bad shape.
10:25:53 So I just wanted to make the statement before we get into
10:25:57 the budget year, before we start talking about what our
10:26:00 priorities are going to be, that I consider this to be at
10:26:05 the very top of the lust of things that our city should be
10:26:07 spending money on, because you are chart shows better than
10:26:14 anything that I can say that if we don't keep up with this
10:26:17 we are going to very rapidly find ourselves in a hole that
10:26:20 we can't dig ourselves and we pave ourselves out of.
10:26:23 That's all you wanted to say.
10:26:25 Thank you.
10:26:25 >>MIKE SUAREZ: Thank you, chair.
10:26:27 Ms. Duncan, in terms of that second graphic that you put up
10:26:31 there, the program estimated 5-year funding level, now, it
10:26:35 looks to me, based on this, that money is really the only
10:26:40 factor that will make our roads get better in terms of
10:26:44 repaving.
10:26:44 Is that a good assumption based on this?
10:26:49 >>JEAN DUNCAN: Well, I would say yes.
10:26:51 We have moneys to certainly keep it up.
10:26:53 >>MIKE SUAREZ: I want to make sure I am reading the graph
10:26:57 right.
10:26:57 The second thing is that if we wanted to get it to an even
10:27:01 higher level, let's say, we wanted to get our level up to an
10:27:06 80, let's say, and it seems like a large amount there, what
10:27:11 would that cost us to get to a much better level of service?
10:27:15 >>JEAN DUNCAN: I would actually have to get back to you
10:27:18 with a specific estimation on that.
10:27:20 I really would hate to hazard a guess.
10:27:23 >> Throw a ballpark number out because you are the expert.
10:27:28 I'm not.
10:27:28 I can kind of extrapolate based on what your chart says.
10:27:31 But I probably wouldn't be anywhere close to where you would
10:27:34 look at it.
10:27:35 >> It would certainly be millions more if not multiple
10:27:37 millions more to take it to that level.
10:27:42 Is my educated guess.
10:27:43 And I can certainly give you a better number with a little
10:27:48 calculation on that.
10:27:49 >>MIKE SUAREZ: Just looking at this, when you look at
10:27:52 number 71 to 73, which is your second data point on there,
10:27:56 and you are talking about ab amount of $14 million over five
10:27:59 years, you do the math.
10:28:02 I'm just saying, I'm trying to figure out myself.
10:28:05 Here is the thing.
10:28:06 What Mr. Cohen said in terms of the amount of money we need
10:28:09 to put back into the roads, in order to make sure that they
10:28:12 get to a much higher level, we need to know that number.
10:28:15 And the projected amount, the 14 million is fine.
10:28:19 I'm just curious as to what that next step is so that we are
10:28:22 not just maintaining, because when you have to average it
10:28:25 out and you see that there are several excellent roads,
10:28:29 several that are average and a lot more than below average,
10:28:34 we need to know what that number is so we can make an
10:28:37 educated assessment when budget time comes around. So
10:28:40 that's the reason why.
10:28:41 That's part of the -- isn't part of the motion and that
10:28:44 isn't what you were asked to do but I think it's something
10:28:46 you ought to take a look at.
10:28:48 I'm sorry, go ahead.
10:28:48 >>JEAN DUNCAN: I wanted to mention that was $14 million per
10:28:53 year to maintain, not $14 million over five years.
10:28:58 >>MIKE SUAREZ: Let's do some math then.
10:29:01 Talking about 14 a million a year. If we double to the 28,
10:29:04 it might go up to past 80.
10:29:06 Just based on what you have put together here.
10:29:08 .
10:29:10 >>JEAN DUNCAN: Possible, yes.
10:29:11 >>MIKE SUAREZ: Based on what you are telling me.
10:29:14 Because if money is the only factor that's keeping us from
10:29:16 having improved roads, then we need to nobody that.
10:29:19 If there's other factors like performance, the way that we
10:29:22 have our contracts done, the vendors that we have out there
10:29:26 that are doing the roads, you know, there's a lot of other
10:29:29 parts of it that might eat away at that 14 million per year
10:29:35 and that's the other aspect of what we need to look at.
10:29:37 >>JEAN DUNCAN: I guess if I am understanding your point,
10:29:41 there are dollars being eaten away, what money goes purely
10:29:45 onto the pavement.
10:29:46 We have engineering.
10:29:48 >>MIKE SUAREZ: Sure.
10:29:50 >>JEAN DUNCAN: Portions of that.
10:29:52 We have contract management portions that take away the
10:29:55 actual dollars that actually go onto the pavement.
10:29:58 >>MIKE SUAREZ: And you did put that into the last graph
10:30:02 which showed what the contract administration portion was.
10:30:05 And again from our seats, we need to figure out how can we
10:30:08 eliminate or reduce some of those cooperatives and not just
10:30:12 look at the amount of money that we need to put into it.
10:30:16 Because I don't think any of us are going to deny that we
10:30:18 need to put more money into it to have a better product
10:30:21 literally out on the street.
10:30:22 So we need to figure out some of the other things we can do.
10:30:25 So when we looked at the audit of the department -- and
10:30:27 again this is an audit prior to you being onboard -- we
10:30:31 looked at all those aspects that are put in there as to why
10:30:34 our streets aren't where they need to be.
10:30:37 Last question.
10:30:38 In terms of the 14 million, there is nothing in there in the
10:30:43 contingency concerning any emergency paving problems, you
10:30:46 know, when we have a water main break, and then we have to
10:30:49 be resurface the road because of that.
10:30:51 That's out of a different bucket of funds, is it not?
10:30:55 Jean Gene we would have some portion of our dollars for
10:30:59 potholes and patching of work that goes on.
10:31:01 So we do set aside a portion of that to make sure we can go
10:31:05 out to those quickly.
10:31:08 We have planned maintenance, reactive maintenance, and
10:31:11 dollars in each of those budgets.
10:31:13 >>MIKE SUAREZ: And that's one of the things we hear from
10:31:16 our extents which is why are we patching the road and not
10:31:20 repaving the road?
10:31:20 Because having that plan, that five year plan as to where we
10:31:24 are at on each one of these roads is what we always have to
10:31:26 go back to.
10:31:27 And the only thing that I would tell you is to make sure
10:31:29 that we have a good public document that we can always go
10:31:33 back to, because every neighborhood association I ever go
10:31:36 to, that's one of the first questions.
10:31:37 Why haven't we paved this street, whatever it may be?
10:31:40 And we always go back to the same answer, which is, it's
10:31:44 part of the five year plan, but here is where you are at.
10:31:47 You are at 2016, 2017, 2018, whatever that might be.
10:31:51 And we need to be very clear as to what each one of those
10:31:54 are.
10:31:54 I know that you are constrained, based on some of the other
10:31:56 issues, but we want to try to make it easier for our
10:31:59 neighborhoods to know when they are up in terms of their
10:32:03 repaving.
10:32:04 Thank you, chair.
10:32:05 I appreciate it.
10:32:06 >>FRANK REDDICK: Ms. Montelione.
10:32:07 >>LISA MONTELIONE: Thank you.
10:32:09 Engineers don't like to guess, Mr. Suarez.
10:32:15 You're laughing at that one.
10:32:17 So when we are talking about what we have to spend and how
10:32:20 much we have to spend, I want to ask you some questions
10:32:23 about where this money comes from.
10:32:27 In our budget process.
10:32:29 So we have a potential referendum coming up if the Board of
10:32:36 County Commissioners decides to put it on the ballot so the
10:32:38 voters can decide, and, you know, it will affect what we can
10:32:46 do.
10:32:46 And I'm hoping that it will pass and we can do a lot more.
10:32:50 So what do we have in the budget currently?
10:32:57 Where is that money coming from?
10:32:59 And as we go into the next budget cycle, looking for more
10:33:02 dollars as two members have already said they would like to
10:33:07 see, where is that money going to come from?
10:33:12 >>JEAN DUNCAN: Well, we currently this year have 5.4
10:33:15 million.
10:33:16 Our dedicated funds or maintenance is -- is the gas tax.
10:33:24 >>LISA MONTELIONE: And what's been happening to the gas
10:33:26 tax, Ms. Duncan?
10:33:28 >>JEAN DUNCAN: Well, it certainly hasn't gone up,
10:33:31 collecting any more dollars.
10:33:32 It's a business model that doesn't fully support the
10:33:36 infrastructure needs on a national level.
10:33:42 I think everyone knows that.
10:33:43 >>LISA MONTELIONE: Cars are more efficient and people start
10:33:47 taking public transportation, bicycling or walking, or all
10:33:50 of those things we are encouraging, we are seeing less and
10:33:54 less in the way of gas tax dollars and revenue.
10:34:02 Those are good things.
10:34:03 And I'm very happy about all of those things.
10:34:06 But it does mean that we have less money to work with.
10:34:10 >> You are absolutely correct.
10:34:15 >>LISA MONTELIONE: I just wanted to highlight that and
10:34:16 bring that to people's attention.
10:34:18 So all of the individuals who are contacting us saying they
10:34:21 want better roads, and they want us to do more, we have a
10:34:25 very limited funding source with which to do more.
10:34:30 And as to those who say, well, you have money to do other
10:34:33 things, we have, you know, budgets that also needs attention
10:34:43 in parks and budget dollars dedicated to first responders,
10:34:47 fire rescue and the police department.
10:34:49 So there is not a pot of gold that are we just dip into when
10:34:58 we have needs.
10:34:59 We have certain dollars in certain pots, and those moneys
10:35:04 aren't interchangeable.
10:35:07 We have 67% of our general revenue budget going to public
10:35:10 safety.
10:35:11 And that money cannot be redirected into paving our roads,
10:35:17 which is something people want.
10:35:18 They just want people to keep in mind if that referendum
10:35:23 were to come to fruition, we would be able to spend a lot
10:35:26 more money.
10:35:26 .
10:35:28 >>JEAN DUNCAN: Yes, ma'am.
10:35:29 I appreciate that.
10:35:30 We have a full inventory of road locations.
10:35:33 We have provided to the county, incorporated into that plan,
10:35:36 so there would be dollars for re surfacing if the referendum
10:35:40 were to be successful.
10:35:41 >>LISA MONTELIONE: Thank you.
10:35:42 >>FRANK REDDICK: Mr. Miranda.
10:35:44 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
10:35:45 I'm not debating anything that's been said.
10:35:48 However, in the calculations of your analysis as an
10:35:53 engineer -- I am not an engineer, nor am I a mathematician.
10:35:58 But 7 I is a number of 100, and it takes 14 million for that
10:36:03 status quo, that's way heard, right?
10:36:06 >> Yes, that's our estimated.
10:36:09 >>CHARLIE MIRANDA: So that would be about $2 million a
10:36:12 point.
10:36:12 It's close to 14.
10:36:14 So I would say for every $2 million that you put in, 71,
10:36:20 would go up by one point.
10:36:22 >>JEAN DUNCAN: It's not a proportional relationship between
10:36:26 the rating and the dollars.
10:36:29 >>CHARLIE MIRANDA: But you would do more if you have 1200
10:36:31 some mails.
10:36:32 What does it take to pave a mile?
10:36:34 Then you get back to your 14 million as a calculation of
10:36:37 that.
10:36:37 So can you tell me those numbers being an engineer?
10:36:40 Thank you very much for that.
10:36:41 >>JEAN DUNCAN: Well, basically, our ratings are entered
10:36:45 into a model, a model estimates a certain number of square
10:36:50 yards that are would be necessary to bring the road level
10:36:53 up.
10:36:53 And then the current -- we use current costs in a contract
10:36:58 to get the current unit cost, we would then calculate a
10:37:01 number based on the square yards that we nor we need.
10:37:06 >>CHARLIE MIRANDA: And Mr. Chairman and Ms. Duncan, the
10:37:09 traffic on some of these roads and you try to do a great job
10:37:13 and try very hard with limited resources that you have, but
10:37:16 some of these, like when you are traveling north on North
10:37:18 Boulevard and Cleveland, you think that vehicle is going to
10:37:22 make a left-hand turn, then that vehicle is coming straight
10:37:25 at you to continue going south on North Boulevard.
10:37:28 In that area.
10:37:30 It's a little tricky when you are traveling west again on
10:37:33 Cleveland, you get to Howard to make a right hand turn, you
10:37:38 don't know where you are going because there's traffic one
10:37:41 way, then traffic for the bicyclists, and the traffic for
10:37:45 the bicyclist changes to the middle of the road.
10:37:47 Somebody is going to get killed.
10:37:48 Because it's hard to figure out, it really is, he special
10:37:51 reply at night.
10:37:52 And I don't know how to solve that.
10:37:54 It's just very dangerous.
10:37:56 And I understand, and I think we are doing a fair to a
10:38:01 excellent job in road paving.
10:38:03 I know we are behind.
10:38:05 It takes a lot of money.
10:38:07 Infrastructure is what the city go.
10:38:09 Water, sewer lines and roadways and lights.
10:38:12 And we are lacking but we are trying to catch up.
10:38:14 And I appreciate what you are doing in your department.
10:38:16 >>JEAN DUNCAN: Thank you, sir.
10:38:18 >>FRANK REDDICK: Any comments?
10:38:23 >>HARRY COHEN: I would like to make a motion you come back
10:38:25 to us in May, on May 19th under staff reports, and that
10:38:31 we can work through some of the numbers that Mr. Suarez
10:38:34 asked for, perhaps understand the relationship between the
10:38:38 dollars we are spending and the degree that we could move
10:38:41 the point rating scale upward, and then, second, we will be
10:38:46 able to put some context around Councilwoman Montelione's
10:38:50 point about the referendum of the we'll know if it's going
10:38:53 to be on the ballot or not.
10:38:54 We'll know what it might mean if it were to pass.
10:38:59 And it would give us enough time to sort of talk through
10:39:03 different scenarios in advance of the mayor's submission of
10:39:07 his budget to us.
10:39:08 >> Second.
10:39:10 >>FRANK REDDICK: Motion by Mr. Cohen.
10:39:11 Seconded by Ms. Capin.
10:39:12 Any discussion on the motion?
10:39:15 All in favor of the motion say aye.
10:39:17 Opposed?
10:39:18 Thank you.
10:39:19 Item number 3.
10:39:22 Motion to continue.
10:39:25 >>CHARLIE MIRANDA: So moved, at the same time.
10:39:30 >>FRANK REDDICK: Motion by Mr. Miranda.
10:39:31 Seconded by Ms. Montelione.
10:39:33 All in favor?
10:39:33 Opposed?
10:39:34 Okay.
10:39:39 April 7.
10:39:41 Item number 4.
10:39:42 >>MARTIN SHELBY: That has been distributed to City Council.
10:39:46 Ms. Mandell is on the 8th floor but she's available if
10:39:50 there are any questions.
10:39:51 Otherwise, it's up to council.
10:39:57 >> Move the resolution.
10:40:01 >> Second.
10:40:02 Are? Motion by Mr. Cohen.
10:40:03 Second by Ms. Capin.
10:40:04 All in favor?
10:40:05 Opposed?
10:40:06 Item number 6.
10:40:17 >>LISA MONTELIONE: It was continued to --
10:40:19 >>FRANK REDDICK: That was item number 5.
10:40:20 Number 6 is just a motion.
10:40:23 >> So moved.
10:40:24 >> Second.
10:40:24 >>LISA MONTELIONE: I have a question.
10:40:26 Oh, you are here.
10:40:27 I have a question.
10:40:28 >> Weight water department.
10:40:34 >>LISA MONTELIONE: Actually, I was hoping that he was still
10:40:38 here because this is -- after you are concluded with the
10:40:46 wastewater, and then whenever that's done, then
10:40:52 transportation has to come back in and resurface, and repair
10:40:57 the holes that you put in.
10:40:59 >> Yes, the Department of Transportation is doing roadway
10:41:03 improvements at Adamo between 301 and Falkenburg, with
10:41:10 roadway improvements impact our wastewater lines. So this
10:41:14 is before you with a joint project agreement that both of
10:41:17 them would be done by single contractors, the D.O.T.'s
10:41:22 contractor.
10:41:22 >>LISA MONTELIONE: Well, as I always do, advocate for
10:41:27 pedestrian and bicycle safety, is where our portion of this
10:41:30 is $1.353 million, that all of the intersections that are
10:41:37 going to be impacted be upgraded for pedestrian and bicycle
10:41:44 safety.
10:41:46 This is one of those roads that is designed for truck
10:41:49 traffic and moving vehicles through and to, as the saying
10:41:54 goes, but we have an increased number of residences on one
10:41:59 side of the road that never used to be there, and right out
10:42:06 of downtown as you make the curve, and there's going to be
10:42:12 more residential filled in and added in in Ybor City in the
10:42:16 outskirts of downtown.
10:42:22 And IKEA is on the other side of the road.
10:42:25 There's a number of businesses that people will wants to get
10:42:27 to and not necessarily want to drive to.
10:42:30 So I'm hoping that you can talk with our partners over at
10:42:36 FDOT and make sure that there are pedestrian/bicycle safety
10:42:41 aspect in this project and I will make that phone call as
10:42:43 well.
10:42:44 >> Okay.
10:42:45 I will do that.
10:42:45 >>LISA MONTELIONE: Thank you.
10:42:53 >>FRANK REDDICK: [Off microphone.]
10:42:55 All in favor are? Opposed?
10:42:56 Okay.
10:42:56 >>HARRY COHEN: Move item number 7.
10:43:00 >>CHARLIE MIRANDA: Second.
10:43:02 >>FRANK REDDICK: All in favor of the motion say aye.
10:43:03 Opposed?
10:43:04 All right.
10:43:05 We open up the remaining public hearings, 67 through 69.
10:43:08 >> So moved.
10:43:10 >>FRANK REDDICK: I got a motion from Mr. Miranda.
10:43:12 Seconded by Mr. Cohen.
10:43:13 All in favor of the motion say aye.
10:43:15 Opposed?
10:43:16 All right.
10:43:17 Item number 6.
10:43:23 Fur going to speak on 67, 68, please stand to be sworn.
10:43:29 67, 68.
10:43:30 (Oath administered by Clerk).
10:43:41 >> Land use coordination.
10:43:43 A request by the City of Tampa to vacate the right-of-way in
10:43:46 Ybor City.
10:43:47 Specifically, it's a portion of 25th street platted in a
10:43:53 right-of-way of the I have a map to show the location.
10:44:00 The city is asking to vacate this parcel.
10:44:03 It's part of an extension of 25th street.
10:44:07 The street is vacated and part of the right-of-way that the
10:44:11 city obtained many years ago.
10:44:16 A little history on it.
10:44:18 This is how it looked on the plat.
10:44:21 It's originally vacated to obtain this piece.
10:44:28 It's very old.
10:44:30 Here is an old map showing the actual acquisition.
10:44:33 Here is what was vacated, and then here is the piece.
10:44:39 We vacated the remainder of the platted piece of 25th
10:44:43 street, and this additional piece -- 26th street.
10:44:47 No portion of 26th street is being vacated.
10:44:53 I have some photos.
10:44:55 This photo is -- I thought I had a good picture of it.
10:44:59 This is the area.
10:45:00 This is 26th street here.
10:45:02 And second Avenue.
10:45:03 You are looking south.
10:45:04 This is unimproved. This area is actually encumbered by
10:45:11 many utilities.
10:45:11 There's some sewer lines that go through here, teak-and
10:45:15 Bright House.
10:45:22 The same parcel looking south on 25th street directly.
10:45:30 This is the same piece lag north from Adamo towards 2nd
10:45:35 Avenue.
10:45:40 Another shot of the same.
10:45:44 this is looking toward Adamo from the piece we are going to
10:45:53 vacate.
10:45:54 This is copper hills brewery across 26th street.
10:45:59 This is the area.
10:46:03 This is the abutting owner.
10:46:07 This will be 25th street as it actually existed.
10:46:12 The west boundary of that.
10:46:15 Staff has no objections.
10:46:17 As long as easements are reserved overall for wastewater,
10:46:20 TECO, Verizon, Bright House, and we are reserving an
10:46:25 easement for transportation, over 15 feet of parcel.
10:46:31 >>FRANK REDDICK: Any questions by council?
10:46:35 Anyone in the audience wish to speak on item number 67?
10:46:49 >>JOHN GRANDOFF: Address suite 3700 Bank of America Plaza.
10:46:55 I represent the cocktail brewery, across 26th street
10:47:00 from this parcel.
10:47:01 We are interested in leasing this property from the city.
10:47:03 And part of the negotiations would be to vacate the
10:47:07 right-of-way of 25th street as Barbara presented to you.
10:47:11 Also, there are several easements being reserved to serve
10:47:15 public and private utilities that are within the property.
10:47:18 And all those easements are accessible and consistent with
10:47:24 use of the property.
10:47:27 Need to put it to use, and we look forward to negotiating
10:47:30 with the city to do that lease.
10:47:32 We ask that you approve it.
10:47:33 Thank you.
10:47:34 >>FRANK REDDICK: Questions by council?
10:47:35 Anyone else in the audience that wishes to speak on item 67?
10:47:40 >>CHARLIE MIRANDA: Move to close.
10:47:42 >>FRANK REDDICK: Motion by Mr. Miranda.
10:47:43 Second by Mr. Coven.
10:47:45 All in favor?
10:47:46 Opposed?
10:47:47 It carries.
10:47:49 Who wishes to read?
10:48:03 >> I'll get it.
10:48:05 There it is.
10:48:06 Thank you, chair.
10:48:12 I present a substitute ordinance being presented for first
10:48:14 reading consideration, an ordinance vacating closing
10:48:17 continuing and abandoning a portion of 25th street lying
10:48:20 south of 2nd Avenue, north of Frank Adamo Drive, east of
10:48:24 24th street and west of 26th street in the City of
10:48:26 Tampa, Hillsborough County, Florida, the same being more
10:48:29 fully described in section 1 here of, subject to certain
10:48:33 easements reservations, covenants, conditions and
10:48:36 restrictions more particularly set forth herein providing an
10:48:39 effective date.
10:48:40 >>FRANK REDDICK: Second by Mr. Maniscalco.
10:48:41 All those in favor say aye.
10:48:43 Opposed?
10:48:43 >>THE CLERK: [Off microphone.]
10:48:53 >>FRANK REDDICK: All right.
10:48:54 Item 68.
10:48:58 Can't be heard.
10:48:59 Anyone from staff here?
10:49:02 >> I move we remove it from the agenda.
10:49:05 >> I have of a question about this.
10:49:07 >> My name is Matt Pryzbycin for petitioner.
10:49:15 The affidavit was not filed until last week instead of the
10:49:18 week before.
10:49:19 So we request it be reset.
10:49:22 >>FRANK REDDICK: Mr. Miranda?
10:49:23 >>CHARLIE MIRANDA: I just want some clarity. Did we hear
10:49:26 this already on appeal?
10:49:28 >> A few years ago, there was a design exception to -- at
10:49:31 the time it was appealed -- and I apologize, I'm under the
10:49:35 weather. Council upheld the administrative decision more
10:49:39 than a year has passed, so based on the end result filed
10:49:44 another one, and so there's T property has been heard
10:49:50 before.
10:49:51 >>CHARLIE MIRANDA: I just want some clarity on this legally.
10:49:55 Once it's in been through the system and it came to us on
10:49:57 appeal, we denied it.
10:49:59 And now we hear the same appeal that we had?
10:50:01 I mean, what's changed?
10:50:02 I'm not here to have another hearing on it but I don't want
10:50:05 to hear -- no court does that.
10:50:08 Something coming before us which I don't like.
10:50:11 I would rather you go to court.
10:50:12 But I don't want in any way to violate your due process of
10:50:15 rights.
10:50:16 But how many times am I going hear something and vote on the
10:50:19 same thing?
10:50:20 >> Well, certainly.
10:50:21 And with my conversation with staff with the passage of the
10:50:23 year, based on this, and we wouldn't bring it except that
10:50:27 the nature of the issue was that there was a fence and a
10:50:30 wall built that was in violation of code.
10:50:35 We applied for a resurrected design exception that was
10:50:38 approved in part, denied in part.
10:50:40 Based on council's approval, of the administrative decision,
10:50:45 part of the wall and the fence were torn down.
10:50:48 And now, frankly, it's an eyesore.
10:50:51 And so it's kind of a circumstance that's unique and we are
10:50:57 not asking for permission to do something that the
10:51:00 permission was denied.
10:51:01 It was based on the previous decision, an action was taken.
10:51:04 Part of the wall and fence were taken down.
10:51:06 And now, frankly, it doesn't look right.
10:51:11 So that's kind of the nature of it.
10:51:14 >>FRANK REDDICK: Mr. Cohen?
10:51:16 >>HARRY COHEN: You don't want to impugn what you said
10:51:19 earlier but three times this thing has come here and for one
10:51:22 reason it can't be heard because either the affidavit wasn't
10:51:25 filed or notice wasn't perfected and quite frankly I'm
10:51:27 starting to feel as though we are being gamed along and that
10:51:30 this whole thing is just never going to end and that it is
10:51:33 just constantly going to keep coming back over and over and
10:51:36 over again.
10:51:37 And I agree with Mr. Miranda.
10:51:40 I don't understand why this thing just continues to hang out
10:51:44 there without any resolution.
10:51:48 >>FRANK REDDICK: Ms. Kert, could you or someone from legal
10:51:51 explain this situation to us?
10:51:52 >>REBECCA KERT: Legal department.
10:51:58 In your rezoning, you do have a specific number to misnotice
10:52:05 before being withdrawn.
10:52:06 You don't have the same provision in your review provisions.
10:52:09 It may be something you want to the look at.
10:52:12 >>CHARLIE MIRANDA: We are going to do it today.
10:52:13 >>REBECCA KERT: I think that would be a well-taken motion.
10:52:16 >>HARRY COHEN: When it's in the regular process, how many
10:52:22 times can it be misnoticed before it's withdrawn are?
10:52:25 >>REBECCA KERT: I don't have that in front of me and I
10:52:28 don't want to misstate.
10:52:29 >>HARRY COHEN: We are at three now.
10:52:31 >>REBECCA KERT: City Council, I mean, when someone has had
10:52:37 three attempts to perfect it, you know, I wish our code was
10:52:42 more specific on it.
10:52:43 At some point, I think a court is going to be sympathetic to
10:52:48 us deeming it withdrawn when they are unable to perfect
10:52:52 notice and there's something out there that, you know,
10:52:54 lingering, not in compliance.
10:52:57 Are we at that point?
10:52:58 Hi can't definitively say.
10:53:00 I think it's always best to hear things on their merits
10:53:03 rather than things on the procedural items.
10:53:06 But I do understand, you know, the predicament that this is
10:53:11 putting council in.
10:53:13 If you are asking my advice, I would suggest that you allow
10:53:16 one more time and let him know there will be no more
10:53:19 continuances or no more chances to renotice, and that way
10:53:22 he's put on notice of it.
10:53:24 Since we don't currently provide that in the code.
10:53:26 And that would give him an opportunity on the merits.
10:53:30 >>FRANK REDDICK: Well, I hope he hears this.
10:53:34 And if we do it today, it's not coming back up again.
10:53:37 >> I appreciate that.
10:53:39 >>CHARLIE MIRANDA: Mr. Chairman, due to the fact that I
10:53:40 heard from legal, and there is no clarity on the specific
10:53:43 times of review, and there's one year, and the one year has
10:53:48 passed, I move for one more extension, within the next 45
10:53:52 days, and if not what adios, baby, in English.
10:53:58 >> Got a motion from Mr. Miranda.
10:54:01 Seconded by Mr. Cohen.
10:54:03 Further discussion on the motion?
10:54:04 Yes, ma'am?
10:54:06 >>CHARLIE MIRANDA: What date?
10:54:07 I don't know of a date.
10:54:10 I want the petitioner to give me the date.
10:54:11 >>THE CLERK: You have 30 days.
10:54:18 >>CHARLIE MIRANDA: That's why I said 45.
10:54:19 >> We need 30 to mail.
10:54:21 So I guess May.
10:54:30 >>CHARLIE MIRANDA: I want your calendar to be free and
10:54:33 clear.
10:54:33 >> I'll make it clear.
10:54:33 Cinco de Mayo.
10:54:33 >> May 5th at the same time, the year 2016.
10:54:42 >>FRANK REDDICK: Motion by Mr. Miranda, second by Mr. Cohen.
10:54:48 10:30 in the morning.
10:54:50 Any further discussion on the motion?
10:54:53 >> Thank you, council.
10:54:55 >>FRANK REDDICK: We haven't voted yet.
10:54:58 All those in favor of the motion say aye.
10:55:00 Opposed?
10:55:01 All right, sir.
10:55:03 Make sure you take notes on that.
10:55:04 >> Yes, sir.
10:55:07 >>FRANK REDDICK: Thank you.
10:55:09 All right.
10:55:30 Item number 69. Non-quasi.
10:55:33 You don't have to be sworn in.
10:55:37 You don't have to sit back down.
10:55:41 You want to speak on item 69?
10:55:52 >> Yes.
10:55:57 >>KIRBY RAINSBERGER: Legal department.
10:56:01 I'm here this morning for the first reading of Tampa code
10:56:07 section 14-62 which has to do with the civil citation
10:56:11 program for the misdemeanor marijuana.
10:56:15 You have all been given the updated copy of the ordinance.
10:56:19 I'm here for your questions, if any.
10:56:22 >>FRANK REDDICK: Ms. Capin.
10:56:23 >>YVONNE CAPIN: Okay.
10:56:25 I wanted to talk before this.
10:56:27 But -- before the marijuana citation.
10:56:32 What I want to do -- and it pertains -- it will eventually
10:56:37 lead into it -- is address the City Council parking.
10:56:52 >>FRANK REDDICK: The marijuana thing?
10:56:54 >>YVONNE CAPIN: No, it's going to lead to the -- yes.
10:56:57 Basically -- okay, I'm going to tell you something here.
10:57:00 Everyone in this room and all the media that's in here is
10:57:03 here, and because of this marijuana citation.
10:57:09 And you know why?
10:57:13 Because when the media reporters marginalize City Council,
10:57:21 what you are here for is what City Council does, which is
10:57:24 legislate.
10:57:25 And it's a majority vote that passes an ordinance, which is
10:57:28 a law.
10:57:30 So when I see column after column marginalizing the City
10:57:34 Council, which is a disservice to the citizens of the City
10:57:38 of Tampa, who voted these people here.
10:57:43 And they said, you want me to be like everyone else.
10:57:46 We are.
10:57:47 Just like our constituents.
10:57:49 Every single member on City Council has a second job in
10:57:53 order to meet their bills and maybe pay for their children's
10:58:00 college, help an elderly, or just live.
10:58:03 And the main reason they have a second job is so they can
10:58:05 serve on City Council.
10:58:08 So that's what we do.
10:58:10 We legislate.
10:58:11 We pass ordinances which are laws.
10:58:14 Thank you.
10:58:14 >>LISA MONTELIONE: I don't have a second job.
10:58:21 This is my job.
10:58:24 >> You don't work for --
10:58:25 >>LISA MONTELIONE: No.
10:58:28 I am a full-time City Council member, and I live on every
10:58:32 penny or salary that we get.
10:58:37 >>FRANK REDDICK: How did we go from marijuana to jobs?
10:58:40 Mr. Suarez.
10:58:40 >> Don't worry, I'll do it.
10:58:44 >> Just for your knowledge, we are not voting for marijuana
10:58:50 for City Council.
10:58:52 (Laughter)
10:58:52 Kirby, let me ask you about the issue at hand here.
10:58:55 Currently under state law, and the way that we enforce the
10:59:04 possession of less than 20 grams of marijuana, it is
10:59:07 currently a state misdemeanor, is that correct?
10:59:11 >>KIRBY RAINSBERGER: Yes.
10:59:12 >>MIKE SUAREZ: What's the fine or I should say the
10:59:15 punishment for having less than 20 grams of marijuana?
10:59:20 >>KIRBY RAINSBERGER: I believe it's up to one year in jail
10:59:25 and a fine of -- although I am not positive of the amount.
10:59:28 >>MIKE SUAREZ: So you could spend a year in the county
10:59:33 jail, and maybe some additional fines, plus, you know,
10:59:38 whatever your service of time, correct?
10:59:42 >> Yes.
10:59:43 >> Last time you were here you mention board of director is
10:59:46 it hundred members.
10:59:46 If we decriminalize that under 20 grams of marijuana.
10:59:50 Is that correct?
10:59:52 I think that was a rough number that you all had come up
10:59:55 with.
10:59:57 >>KIRBY RAINSBERGER: It's a rough number and that's the
10:59:58 number of misdemeanor marijuana arrests in, I believe, 2014,
11:00:03 maybe '15.
11:00:07 Chef forward would have that number.
11:00:09 There's some other criteria attached to this program.
11:00:12 And not all of those people would meet the criteria of this
11:00:18 program so the number is likely substantially less than
11:00:21 that.
11:00:22 >>MIKE SUAREZ: And maybe half or something in that
11:00:24 neighborhood.
11:00:25 I am not asking you to speculate but just throw out a
11:00:28 number.
11:00:29 800 people that we are not going to put more time on our
11:00:32 police force in order to try and find more folks with less
11:00:35 than 20 grams of marijuana.
11:00:37 Obviously, there's a lot of specifics as part of this
11:00:41 specific ordinance in which we are really trying to get
11:00:44 people out of the system and make sure that if they do
11:00:48 offend, they don't offend again.
11:00:49 They pay their fine.
11:00:50 We do not want them in the jail or possibly keep offending
11:00:56 and then become a prisoner somewhere in our state system.
11:01:00 So obviously the reason why we are doing this -- and this is
11:01:02 what I am getting at -- is we want to get some folks out of
11:01:05 the system, give them a second chance, are if they don't
11:01:09 want to offend again, and find a way that we can eliminate
11:01:12 the use of our resources to go after a crime that currently
11:01:17 is a misdemeanor.
11:01:19 And I sense that's essentially what the administration wants
11:01:23 to do.
11:01:24 Correct?
11:01:24 >> Yes, sir.
11:01:25 >>MIKE SUAREZ: Thank you, chair.
11:01:27 That's all I wanted.
11:01:28 >>HARRY COHEN: One quick question of clarification.
11:01:31 And I am very interested to hear what the public has to say
11:01:34 this afternoon -- or this morning, I should say.
11:01:37 And I'm sure we'll have a chance to talk and ask questions
11:01:40 after that.
11:01:40 But this is about possession of cannabis as well as
11:01:46 paraphernalia.
11:01:47 Is it still against the law for a person to smoke marijuana
11:01:52 in a public place?
11:01:56 >> Certainly.
11:01:56 >>HARRY COHEN: So that behavior is not being decriminalized
11:02:02 along with possession.
11:02:06 >> Very true.
11:02:08 Correct.
11:02:08 >>HARRY COHEN: So we are just clarifying that this does not
11:02:12 apply to people that decide to light up in a city park, for
11:02:16 example.
11:02:21 >>KIRBY RAINSBERGER: The ordinance as it's written applies
11:02:24 to mere possession, and you wouldn't be smoking if you
11:02:28 weren't in possession.
11:02:32 So we don't anticipate, obviously, people openly smoking
11:02:36 marijuana.
11:02:37 They would be medley subject to not only this ordinance,
11:02:41 they would be subject at the discretion of the officer to
11:02:45 the state statute, which remains in existence even if we
11:02:49 pass this ordinance.
11:02:49 >> And that's the key word there, the discretion of the
11:02:53 officer, correct?
11:02:54 Because part of this program really relies on the officer to
11:02:59 use discretion in the way that they determined it to move
11:03:04 forward.
11:03:04 Correct?
11:03:05 >> Correct.
11:03:06 >>HARRY COHEN: Thank you.
11:03:09 >>FRANK REDDICK: Let me just ask you.
11:03:10 I notice that in this ordinance, you are talking about four
11:03:16 different occasions a person be fined, before any serious
11:03:22 action takes place.
11:03:25 Am I correct on this?
11:03:29 >>KIRBY RAINSBERGER: In a scaled-back process, yes, sir.
11:03:31 >>FRANK REDDICK: For this.
11:03:35 Have you given consideration -- I had a chance to think
11:03:40 about this more and more.
11:03:42 And I start thinking, why would you give a person four
11:03:47 opportunities?
11:03:47 And why couldn't it be less?
11:03:52 Two.
11:03:53 Fined $75 one time.
11:03:55 You fine them -- they come in again and you fine them up to
11:03:59 $150.
11:04:00 Why continue at least four occasions before you want to take
11:04:06 some serious action?
11:04:10 And I have some concerns about that.
11:04:13 As I had a chance to review this more and mower.
11:04:15 And I'm not comfortable with giving anyone more
11:04:18 opportunities to move forward with this.
11:04:21 And I just want to know if you had any feedback pertaining
11:04:27 to this.
11:04:28 >>KIRBY RAINSBERGER: That issue, too, is at the discretion
11:04:31 of the police officer involved.
11:04:32 So say the first citation was given to an 18-year-old.
11:04:38 If that person were to reoffend two months later, got the
11:04:43 second citation, and two months after that offended a third
11:04:48 time, so in the course of four months, basically, there have
11:04:53 been three separate offenses.
11:04:55 I expect it to occur to the officer that this program is not
11:04:58 working for that offender.
11:05:00 And the officer would still have the option of taking that
11:05:05 person the misdemeanor route to jail the old-fashioned way.
11:05:13 >>FRANK REDDICK: And here is the problem.
11:05:13 And no disrespect to the officers.
11:05:17 But what they are doing is giving the officer the discretion
11:05:23 and the mind-set of the officer can be positive or it could
11:05:26 be negative.
11:05:28 And the problem I have is if you put the burden of
11:05:32 responsibility and the decision-making process in the hands
11:05:36 of officers, to come in, the sociologists or psychologists,
11:05:43 I do give that person another opportunity?
11:05:45 Do I go ahead and arrest this person, fine this person?
11:05:49 And I don't think the officer should be put in that type of
11:05:52 position where they have got to be making these types of
11:05:56 decisions.
11:05:58 You know, their job is to protect and serve, not serve as a
11:06:02 babysitter.
11:06:03 And this is what you are leading them to do where they have
11:06:06 to sit there and make the discretion, discretionary
11:06:11 decision.
11:06:11 And I don't think that's fair to those officers where, this
11:06:19 young man, fine him one time, now this person is in
11:06:24 possession again, and go out, cite him again or defer him to
11:06:32 a program, to treatment, or what do I do?
11:06:36 And I think he's putting the officers in a bad position to
11:06:42 have to make those decisions.
11:06:46 So I'm not comfortable in that role.
11:06:49 But Mr. Miranda.
11:06:51 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
11:06:52 Along those same lines, it's confusing when you say $75
11:06:56 first time, $150 second time, $300 the third time, and 450
11:07:01 in any subsequent time.
11:07:04 Does that mean forever?
11:07:06 You can have me arrested 100 times as long as you pay 450
11:07:11 after your third time?
11:07:12 You can do it.
11:07:13 Correct?
11:07:14 >> Yes, theoretically.
11:07:17 >>CHARLIE MIRANDA: So then the rich guy, not I, not you, but
11:07:21 somebody that has that kind of money, if they wanted to do
11:07:24 it just to showcase, that they can do it, without even
11:07:27 smoking it, they can carry it around, never have a record,
11:07:32 they can be a dealer, and it's all right because you paid
11:07:36 the 450.
11:07:38 That's the way this thing is written, in my opinion.
11:07:41 Now, secondly, can a police officer smoke a joint and still
11:07:45 have a job if he or she is caught?
11:07:50 >> No, the answer to that.
11:07:51 >> Then how can somebody pay $75?
11:07:54 And isn't that confusing to a police officer?
11:07:59 >>KIRBY RAINSBERGER: My answer to that is absolutely not
11:08:01 confusing, and Chief Ward will certainly make crystal clear
11:08:07 that issue to that police officer.
11:08:10 >>CHARLIE MIRANDA: But that could be a problem in the
11:08:12 future.
11:08:12 I agree with chairman Reddick.
11:08:14 You know, consumption off cigarettes is on the way down.
11:08:18 But marijuana is on the way up.
11:08:20 One in ten children in Hillsborough County at one time has
11:08:24 smoked a joint.
11:08:26 From what I have read.
11:08:29 One in four students -- this is only since the time -- has
11:08:35 occasionally smoked a joint some years in the past.
11:08:38 So what we are saying is, marijuana cigarette or whatever
11:08:43 you want to call it.
11:08:44 But what I am saying is, we, in my opinion, we are back
11:08:48 dooring legalization of something that the federal
11:08:50 government, President Obama just asked Congress for a
11:08:54 billion dollars to fight delusion drugs.
11:08:56 Now I don't know what kind of drug he's talking about, but I
11:08:59 would imagine it's all of them.
11:09:01 Illegal sales of the drugstore, that happens all the time.
11:09:04 In fact, you get a prescription from a doctor for Oxycontin,
11:09:08 it will take you days to get one or two pills.
11:09:10 They don't just give it to you.
11:09:13 They check the record how many times you bought it.
11:09:16 They do a lot of checking.
11:09:18 So what we are doing here, in my opinion, is creating a
11:09:23 situation that you are putting a police officer, in my
11:09:28 opinion again, to be a sociologist, like chairman Reddick
11:09:32 said, a psychiatrist, and a judge all at the same time.
11:09:36 And that's putting an awful burden on your police
11:09:39 department.
11:09:41 But it's a risk and a choice that people want to make.
11:09:45 Now what?
11:09:45 I'm not their parents.
11:09:47 If they want to take that risk and want to take that choice
11:09:51 and do whatever they want to do with it, that's their
11:09:54 choice.
11:09:55 My choice is not to do it.
11:09:57 But I'm not condoning them for doing it or not doing it.
11:10:01 But I am saying that you can't go on forever and not have a
11:10:05 record.
11:10:06 You can't have 15 DUIs and nothing shows.
11:10:12 Because that shows.
11:10:16 On the first one that you have.
11:10:17 So there's a balance here if you want to compare to the
11:10:19 something else.
11:10:20 But when you compare it to something else, it doesn't look
11:10:23 too very good in my opinion.
11:10:24 I wouldn't mind if you have somebody who says, you know,
11:10:29 remember, it's not how many times you use it.
11:10:31 It's how many times you get caught using it.
11:10:34 There's a vast different difference here.
11:10:36 So my personal thing, I'm not trying to be -- excuse the
11:10:39 language -- a hard ASS or anything.
11:10:42 But I am just telling you a fact of your choice.
11:10:45 Whoever wants to use it, where are they getting it from?
11:10:50 Somebody got 5,000 bags of is it ounces.
11:10:54 What happens to that.
11:10:56 >> What happens to that person would in no way qualify for
11:10:59 this program.
11:10:59 >> of course, saying I want to sell it to it guy who use it.
11:11:04 Let me pay $75.
11:11:06 I am just going I know out of the realm but there's
11:11:09 possibilities that people do all that kind of stuff.
11:11:11 And they are looking for angles.
11:11:13 Everybody is looking for angles to make some money.
11:11:19 We live a little longer.
11:11:21 A little happier.
11:11:21 I have been high on a lot of things.
11:11:24 You know what it is?
11:11:25 Just life itself.
11:11:27 I don't have to get high on nothing.
11:11:30 You will never see me smoking a joint.
11:11:34 It's fine if somebody -- that's your choice.
11:11:37 You will never see me drunk.
11:11:38 I may have a diabetic seizure, but God gave me that problem.
11:11:43 I didn't ask for that one.
11:11:44 So what I am saying is it's a thing, it's a choice.
11:11:49 People's choices.
11:11:52 It was people's choice at one time.
11:11:55 You make the choice, not I.
11:11:56 But there's got to be a limit, one time, don't do it again.
11:12:01 But if you are caught the second time, it shows.
11:12:03 I'm not opposed to helping some kid.
11:12:05 I'm not opposed to helping some adult who has done it for a
11:12:10 long time but only got caught once.
11:12:13 But don't get caught a second time.
11:12:15 I agree, Mr. Chairman, there's got to be something before it
11:12:18 gets to the points of ridiculous.
11:12:20 And therefore we are going subsequent.
11:12:22 Subsequent means forever.
11:12:24 So this is my 47th time.
11:12:29 Here is $450.
11:12:30 I can do it again and again.
11:12:32 Nothing happens.
11:12:33 You can't control society that way.
11:12:35 Thank you, Mr. Chairman.
11:12:37 >>FRANK REDDICK: Ms. Montelione.
11:12:38 >>LISA MONTELIONE: Thank you.
11:12:41 This is the second time today that I have to speak and built
11:12:45 time it gets to me I'm nearly forgetful of what I was going
11:12:52 to say.
11:12:53 So I want to hear what the public has to say because we have
11:12:55 a lot of people here who I know are here specifically to
11:12:58 this issue.
11:13:02 But there are a couple of points I wanted to make to the
11:13:05 statements that were already made.
11:13:07 So I don't know about anybody else but I know a lot of
11:13:09 people who smoke marijuana.
11:13:12 And it's not something that -- it's just like drinking beer.
11:13:17 In the sense that most people drink beer their entire lives.
11:13:23 It's not something that they often -- some people do -- have
11:13:28 beer and then decide, now what?
11:13:30 I am not going to drink anymore.
11:13:31 Not because they have a social problem, not because they are
11:13:35 an alcoholic, they just lose their taste for beer.
11:13:38 And, you know, with marijuana, I see it much the same way.
11:13:42 I don't know a lot of people who say, you know, I am only
11:13:48 going to smoke for this short period of time.
11:13:50 It's kind of a life decision.
11:13:52 At some point you lose your taste for it and you stop doing
11:13:54 it.
11:13:55 So I don't see the problem with the unlimited number of
11:14:00 citations.
11:14:02 What I would want to add -- and I have discussed this with
11:14:06 several members of the audience here -- is give people an
11:14:09 option, if they feel that this is becoming a problem in
11:14:13 their lives that they have an option to enter into some kind
11:14:17 of treatment program or be directed to a treatment program
11:14:20 if they feel that this is a problem, and making that part of
11:14:25 what we are doing here today.
11:14:28 I don't know how.
11:14:29 And I'm looking to hear from the public because I know they
11:14:32 have some ideas of how.
11:14:35 But it does become a financial burden at $450, if you keep
11:14:41 getting caught.
11:14:42 So that might prompt people to stop, and just because of the
11:14:45 financial burden.
11:14:46 And that's true with a lot of citation programs that we
11:14:49 have.
11:14:50 The red light cameras.
11:14:53 And I know we are going to be talking about that.
11:14:55 The whole idea is that you pay money, you know, and it's a
11:14:59 behavioral change.
11:15:00 You decide to stop running red lights.
11:15:02 So there are several citation programs that we have that
11:15:08 have behavioral modification in mind when you keep receiving
11:15:13 increased penalties, speeding tickets and such.
11:15:18 So that's one point that I would like to make.
11:15:23 And I wish I would have written down the other one because
11:15:26 now I don't remember what the other one but I'm sure it will
11:15:29 come to me after the public speaks.
11:15:31 Thank you.
11:15:32 >>FRANK REDDICK: Ms. Capin.
11:15:33 >>YVONNE CAPIN: Yes, I also want to hear the public speak.
11:15:35 But here is something that I traveled -- I have been on
11:15:39 three or four benchmark trips with the Tampa Chamber of
11:15:44 Commerce, and one of them was to Denver in October.
11:15:49 I toured -- and I think I was the only one -- that toured a
11:15:52 grow house in Denver.
11:15:55 It is highly, highly regulated.
11:15:59 Highly regulated.
11:16:02 The penalties are very severe.
11:16:05 This is my point.
11:16:07 We don't know what the quality of what people are buying is.
11:16:13 We don't know what they mixed it with or not.
11:16:18 That's my concern.
11:16:21 I tend to agree with Councilman Montelione, and also it is a
11:16:31 very prevalent -- very prevalent in our community that it is
11:16:36 used.
11:16:38 So decriminalizing it is a wise move in that -- in that we
11:16:43 can clear the courts up, save taxpayer dollars.
11:16:48 I also agree with my colleagues that the police officer
11:16:54 being the judge and jury, I'm afraid is a burden -- they are
11:17:04 there to protect the public, and I think it needs to have,
11:17:08 if you want to put a limit, a limit of -- now, I want to
11:17:12 hear from the public.
11:17:13 Thank you for allowing me this time.
11:17:16 >>FRANK REDDICK: All right.
11:17:18 We are going to come back.
11:17:21 Anyone wish to speak on item number 69?
11:17:26 Please come forward.
11:17:27 You have three minutes.
11:17:28 Please state your name.
11:17:31 And address.
11:17:33 Line up.
11:17:35 Let's go.
11:17:39 Yes, sir.
11:17:39 >> Esteemed council members, my name is Christopher Cano,
11:17:43 1529 west lane, the Executive Director of the Florida
11:17:47 chapter of the National Organization for the Reform of
11:17:49 Marijuana Laws.
11:17:51 You have spoken before council before.
11:17:53 Many of you know the personal struggles that I have been
11:17:56 through with my family.
11:17:57 I wish this program had been enacted two years ago.
11:18:02 And I wouldn't have incurred thousands of dollars of legal
11:18:05 fees, wouldn't have had the issues with the public.
11:18:10 $75 ticket is a lot cheaper than the 15 grand, and I have --
11:18:19 that's the nature of the impact of in the real life in work
11:18:22 class people's lives.
11:18:23 So this program in essence is a good thing.
11:18:27 Does it go far enough?
11:18:29 You brought up about a point, Mr. Miranda, at the last
11:18:33 hearing about all about making revenue.
11:18:36 Not really about helping peel.
11:18:37 I agree with many of those points.
11:18:39 Here is way want to present to you.
11:18:41 Part of this prohibition began in the Jim crow ERA of the is
11:18:46 it 30s.
11:18:47 If you were sitting back on City Council in the 1950s, and
11:18:50 for many of you that would have been an impossibility.
11:18:53 Jim crow wouldn't have lost at that time.
11:18:56 In the City of Tampa, you guys sitting there in the 1950s,
11:18:59 national law, state law, enforce Jim crow laws, right?
11:19:03 As City Council members had the ability to do something as
11:19:06 simple as pass an ordinance which can Chip away at those
11:19:09 laws.
11:19:10 Would you do it?
11:19:11 Wouldn't you take that opportunity?
11:19:12 Even if it's just a small step?
11:19:15 And that's really where we are today.
11:19:18 The same Jim crow laws that have been around since the 30s
11:19:21 have evolved into modern day laws and we see the ethnic
11:19:25 disparities and arrest, we saw the clogging of our criminal
11:19:28 justice system, see the working class preyed upon by these
11:19:32 laws and see officers put in difficulties positions.
11:19:34 You with this ordinance have the opportunity not to make
11:19:37 monumental change, change the way things happen, but you can
11:19:41 Chip away at it just a little bit.
11:19:42 And this is something progress that has been met.
11:19:46 So that's a decision that you have to make, is that isn't
11:19:50 some progress better than none?
11:19:52 If I was sitting there in those seats in the 1950s
11:19:55 wouldn't I do a little bit to try to decriminalize sitting
11:19:58 in the front of the bus because I am an African-American?
11:20:00 That's in essence what you are looking at possibly were
11:20:02 this.
11:20:03 So that's what I am putting to you today, is that Chip away
11:20:06 just a little bit.
11:20:07 And the City Council passed a resolution in support to our
11:20:10 state legislature and to the president of the United States
11:20:13 to, to adopt medical marijuana laws, to help out patients,
11:20:17 to change the enforcement priorities.
11:20:19 That's really what your decision is today.
11:20:21 And it isn't perfect.
11:20:25 Let the legal beagles sort out those details bus take the
11:20:29 right step and be on the right side.
11:20:32 Thank you for your time.
11:20:34 >>FRANK REDDICK: Next speaker.
11:20:34 >> Thank you.
11:20:36 My name is Dana, I am the current Executive Director of and
11:20:41 former chairman of the libertarian party of Florida.
11:20:44 And first of all, like some others said in this room over
11:20:50 the past month about cannabis is nothing but propaganda,
11:20:56 fear mongering, continuing the fear mongering of this plan,
11:20:59 making it sound like it's a category of other drugs and
11:21:03 that's not right.
11:21:04 That's what this ordinance will try to move the public away
11:21:06 from.
11:21:07 It's classifying cannabis as that type of medicine.
11:21:11 Like people were saying, the police job is to serve and
11:21:16 protect and the way that I see it, they are protecting us,
11:21:19 by passing this ordinance they would be protecting us from
11:21:22 the system, some of the bad laws that we are having are
11:21:27 being punished for and it's not only to get high as someone
11:21:29 was saying.
11:21:30 Some people use it for their illness and they don't get hi
11:21:34 from it -- high from it.
11:21:36 They remain criminals because of it.
11:21:38 Also, you guys are talking about the whole revenue thing.
11:21:41 And I think what everyone is missing here is right now, they
11:21:44 are still making revenue off the cannabis arrest.
11:21:49 Guys are paying police officers to arrest people and then
11:21:52 give money to the county and the state N.this way you guys,
11:21:56 like government is best done locally, close.
11:22:03 And keep the money here.
11:22:05 Why are we sending to the Tallahassee to keep the cycle
11:22:08 going and going?
11:22:09 We need to keep the money here.
11:22:10 There are so many reasons why this is a good thing.
11:22:15 And Pasco and Hillsborough both voted 58% in favor of
11:22:22 medical cannabis, and now 62% in favor, and that's the
11:22:27 people here.
11:22:27 I mean, that's the area, Tampa Bay.
11:22:30 Tampa Bay wants cannabis.
11:22:32 And the libertarian party, we found out the
11:22:37 decriminalization part of it, we were pulling like 87%
11:22:41 approval.
11:22:42 And that's here.
11:22:43 That's here in Hillsborough County, Pasco County and
11:22:45 Pinellas County.
11:22:46 Those are the people that are electing you guys to be here.
11:22:49 That's the majority.
11:22:50 And I don't know if you guys -- I mean, I have been up here
11:22:55 and you know that's what the majority of people want but I
11:22:57 can tell you that it is.
11:22:58 And to sit here and ask questions on a hard decision, it's
11:23:03 almost blowing my mind whenever we have 23 states that
11:23:06 legalize the plan, I mean, why aren't you letting those
11:23:14 citizens have all the fun and make all the rules?
11:23:16 You guys take control up here. This is your city. This is
11:23:19 our city.
11:23:20 And you guys need to start doing here what we need to do
11:23:23 here.
11:23:24 And I think you guys are not giving everybody enough credit.
11:23:29 Some of us know you weren't getting enough credit.
11:23:32 Now the police officers. Now the citizens.
11:23:36 And I think that --
11:23:40 (Bell sounds).
11:23:41 >> Thank you so much.
11:23:42 I hope you consider it.
11:23:44 >>FRANK REDDICK: Next speaker.
11:23:44 >> My name is Marah Barnhart, the CEO of CannaMoms for
11:23:57 raising awareness to cannabis as medicine for critically or
11:24:02 chronically ill children.
11:24:03 My only daughter Dalia was diagnosed at three years old with
11:24:07 brain cancer.
11:24:08 She was on a dozen medications for pain, nerve damage and
11:24:13 symptoms and side effects of chemo like nausea and vomiting.
11:24:16 None of those meds worked but her organs were becoming very
11:24:19 damaged from those medications and cannabis took her off of
11:24:24 all of them.
11:24:25 I have seen with my own eyes what this medicine does.
11:24:27 And no matter how many times you receive a citation, you are
11:24:30 not going to stop getting medicine for your loved one.
11:24:33 Your children, your family members.
11:24:34 It is a recurring issue.
11:24:36 But it should never be criminalized.
11:24:40 We are talking about police officers protecting us.
11:24:42 But who protects them?
11:24:44 They never want to risk their lives over this plant ever of
11:24:47 the not because it's a fifth time offense or sixth time
11:24:51 offense.
11:24:51 What you find in habitual offenders is they are committing
11:24:54 other crimes and would not be eligible for this.
11:24:57 So you are very rarely going to have somebody who literally
11:25:01 just has cannabis in their possession and deserves to go to
11:25:04 jail for any reason.
11:25:05 I really ask that on this you do what lawmakers do.
11:25:09 What you are elected to do.
11:25:10 We gave you that power to take the voice of your
11:25:13 constituents and do what we are begging you to do.
11:25:16 Pleas relinquish us from the title of criminals that's been
11:25:20 bestowed upon us for saving our loved ones.
11:25:22 >> Okay, I'm Ed, Ed Tillou, Sulphur Springs.
11:25:33 I'm really here -- I expect a long time, missed my class and
11:25:38 everything.
11:25:41 The motivation, I spoke that was my responsibility to
11:25:50 masters in my health.
11:25:54 That was the extent of my time in medical school.
11:25:57 And people get kicked out of medical school, then you go to
11:26:04 public health.
11:26:04 In any case, my credentials, in the late -- the early --
11:26:15 late 60s, early 70s, had ways in the California bay area
11:26:20 and then moved to mod I son, Wisconsin.
11:26:23 I suspect all of you were here in Tampa in the young
11:26:25 Republicans and young Democrats or something getting
11:26:28 involved in something.
11:26:30 But anyway, enough to appreciate that it actually is
11:26:37 something of a public health problem.
11:26:39 It's not to my mind a criminal problem.
11:26:41 And I'm in favor of decriminalization.
11:26:45 I'm not in favor of approval.
11:26:47 And the thing I notice, focus on 20 grams or less.
11:26:52 Make it 28.
11:26:53 Then you can say it's a teaspoon and the Tampa PD go around
11:26:58 with a teaspoon and you can see if it's a teaspoon or not a
11:27:03 teaspoon.
11:27:03 Then you get a little of the -- but something that should be
11:27:10 the focus is something spoken at the last meeting that I
11:27:12 couldn't stay for and she mentioned about changes in people
11:27:18 up until they are 25 years old.
11:27:20 And that's what should be the focus on this as a public
11:27:24 health issue.
11:27:25 The first $75 should go to DWI, a person gets pulled over,
11:27:35 they have to go to school.
11:27:36 And then they have to go to school, send a message, this is
11:27:39 not socially approved behavior.
11:27:43 I wanted to just dutch on one or two things.
11:27:47 Everybody scrubs up really nice and wears their best
11:27:51 clothes.
11:27:51 There were a couple of things that floated around.
11:27:53 But a lot of people said, well, if it's a gatekeeper in the
11:27:58 black community, it's a very serious issue here.
11:28:01 Why should I have to give it up on behalf of black people?
11:28:09 I didn't like the sound of that.
11:28:11 Write off a whole community of people.
11:28:12 And there needs to be more study on that.
11:28:16 All I can say is, well, I think the professor at Stanford --
11:28:23 because that's where I was at that time.
11:28:25 But in any case, that's one thing to be considered.
11:28:28 And the young people --
11:28:32 (Bell sounds)
11:28:33 -- the public thing, because you can get stoned.
11:28:39 Get stoned just walking to the public library.
11:28:44 >>FRANK REDDICK: Thank you.
11:28:44 Next speaker.
11:28:45 Next speaker.
11:28:46 >> Michael Minardi, attorney in the state of Florida, also
11:28:54 the chairman of Regulate Florida, and also board member of
11:28:55 NORML of Florida and also of the silver tour which is
11:28:58 educating seniors on medical marijuana.
11:29:01 I want to first clarify some information for you guys.
11:29:04 Number one, 88% of the people who start using substances
11:29:09 start with alcohol.
11:29:10 This has been proven time and time again.
11:29:13 Cannabis is no longer the gateway drug.
11:29:16 You do not have to worry about our children. In medical
11:29:18 states in decriminal states they have proven that there has
11:29:21 been no increase in teen use and actually some decrease in
11:29:25 some states as well.
11:29:26 The drug war has not done that over the 30 years, 40 years
11:29:30 of the drug war.
11:29:31 It has never decreased use of any substances that are
11:29:35 currently illegal.
11:29:36 The drug war does not work and that is proven time and time
11:29:39 again.
11:29:41 We have spoken a little bit about, you asked the city
11:29:44 attorney for the police department in Tampa about the
11:29:46 penalties.
11:29:46 It is.
11:29:47 It's a $1,000 fine.
11:29:48 A year in jail.
11:29:49 But also you can lose your license for a minimum of six
11:29:53 months up to a year.
11:29:54 Now this license suspension is what effects people more than
11:29:57 anything because that affects their ability to maintain a
11:30:00 livelihood, to go to work, to be a pizza delivery driver, to
11:30:04 do anything that associates with driving.
11:30:07 Now, unlike DUI, these people are not allowed to get a
11:30:10 hardship license.
11:30:11 They can't go in and get a hardship license for work
11:30:14 purposes only so these people with cannabis arrests,
11:30:18 misdemeanor, under 20 grams, are losing their licenses and
11:30:22 their potential livelihood with these convictions.
11:30:25 Now, the discretion -- and you spoke about this but officers
11:30:28 have discretion in almost everything that they do on the
11:30:31 force.
11:30:32 This isn't a different issue for them.
11:30:34 Right now, with misdemeanor cannabis under 20 grams, they
11:30:37 have the discretion.
11:30:38 They can give a notice to appear or they can make an arrest.
11:30:41 This is going to be no different.
11:30:42 They can still make that same discretion.
11:30:47 If a ticket with money as opposed to wasting court time.
11:30:51 I am a criminal defense attorney.
11:30:53 I will sit in courts for an hour for an under 20-gram case
11:30:56 because the courts are flooded with them.
11:30:59 We have to solve that problem.
11:31:00 The court system is overburdened with costs.
11:31:04 We have half of the clerk's office in this state are closed
11:31:07 at 4:00, not open some days of the week, and we need to
11:31:11 bring that down, and we can do that by changing the laws and
11:31:14 decriminalizing cannabis here.
11:31:16 No effect on teens' IQ.
11:31:19 And you talked about the federal government. They have not
11:31:23 done anything.
11:31:23 But they, in fact, have.
11:31:24 They have passed the Rohrabacher amendment to funding. So
11:31:29 technically any state that has clinical marijuana laws or
11:31:33 legalized law, the federal government is defunding meaning
11:31:36 the Department of Justice, DEA cannot spend funds to enforce
11:31:40 federal laws in those states.
11:31:41 And that has happened last year and it has continued to be
11:31:46 reaffirmed on the federal level.
11:31:48 They have issued the call memo.
11:31:49 (Bell sounds)
11:31:50 And they have given guide tons eights states that want to
11:31:54 make reforms to do that and there are over 20 states in this
11:31:57 country as well that are decriminalized so please.
11:32:04 >>HARRY COHEN: Thank you.
11:32:05 >> I'm Renee Petro, one of the founders of CannaMoms as
11:32:09 well.
11:32:10 Thank you for everything us here today.
11:32:12 We are looking for progress, not perfection.
11:32:14 This is a state wide and ultimately a federal issue.
11:32:17 But the decriminalization is a great stepping stone.
11:32:21 This is a great local effort towards common sense,
11:32:25 isolation, and a statement to the changing public opinion
11:32:28 that the offense should not be greater than the crime.
11:32:31 This decriminalization measure does not include planned
11:32:35 abstracts.
11:32:36 Therefore parents trying to help their critically ill
11:32:39 children and patients who do not smoke cannabis are still in
11:32:43 desperate need of broader and more inclusive state wide
11:32:46 laws.
11:32:47 We need our family, our friends and our neighbors and all
11:32:50 Floridians to vote yes on amendment 2 in November.
11:32:54 I am a parent of a critically ill child who has seizures
11:32:58 every day.
11:32:59 Who hallucinates from his pharmaceuticals every day.
11:33:05 And as a parent, it is so hard to watch your child suffer
11:33:10 knowing that cannabis can potentially save their life and
11:33:15 give them the best quality of life.
11:33:17 Just last night, I had to watch my son hallucinate for five
11:33:22 hours in my home, okay, seeing things that are not there.
11:33:30 That is unacceptable.
11:33:32 That is wrong.
11:33:33 Knowing that something could actually help them, we should
11:33:36 not be putting people in jail for marijuana.
11:33:39 Thank you.
11:33:39 >>HARRY COHEN: Thank you.
11:33:43 Next.
11:33:43 >> My name is Gary stern.
11:33:49 I am a resident of Pasco County but on any given day you
11:33:52 will find me in Tampa.
11:33:55 I am not an advocate of recreational marijuana but something
11:33:59 for medical cannabis which is needed by my unanimously and
11:34:03 many of the friends here today.
11:34:07 Migraines turned into seizure.
11:34:10 She gave her a plethora of eight medications which not only
11:34:14 reduced to about 60 points but also gave her auditory
11:34:19 hallucinations and gave her an additional diagnosis of
11:34:23 bipolar syndrome.
11:34:24 When she lost her job in part because of these symptoms, she
11:34:27 was able to get the medications, and in desperation in
11:34:31 getting a sample of the medical cannabis, she tried.
11:34:36 That during that time she stopped having seizures for the
11:34:38 first time in many, many years, no migraines, none of the
11:34:41 symptoms that occurred whatsoever.
11:34:43 She was bright.
11:34:44 She was the UCF graduate that I always knew she was and she
11:34:48 was back to work.
11:34:50 My wife, who lost her eyesight in part because of that made
11:34:55 her retinas detach, glaucoma.
11:35:00 She doesn't have her eyesight anymore but she still has
11:35:03 glaucoma which gives her immense pain.
11:35:05 However, she has found out that use of cannabis does reduce
11:35:08 that pain, even though it cannot bring back her eyesight at
11:35:12 this time.
11:35:12 Now, hypothetically, if I had to go to Tampa to procure this
11:35:16 medicine for them, and if by chance I had been caught with
11:35:20 this medicine, I would gladly pay the fine for that first
11:35:24 time fine.
11:35:25 While it's still cheaper than the medications they are
11:35:28 taking.
11:35:28 Two, I would be trying to care for their needs.
11:35:30 Let's be clear.
11:35:31 We are here today not -- because of the fact that there is a
11:35:35 failure in the federal government, not the city government
11:35:39 or state government, but failure of the federal government
11:35:41 to decriminalize this medication, from back decades ago,
11:35:51 because of a sign of harm even though that and of course the
11:35:58 state, well, they have tried to pass legislation but they
11:36:02 can't implement it and they are trying to create a monopoly.
11:36:09 So it falls on this City Council to pass an ordinance that
11:36:16 will help this compassionate measure.
11:36:19 So I ask and pray for the Tampa city and for this council to
11:36:22 pass this ordinance for the sake of its residents and its
11:36:26 visitors.
11:36:27 Thank you.
11:36:27 >> I'm Teresa Miller.
11:36:35 I spoke a few weeks ago reading a statement from the
11:36:38 Hillsborough County anti-drug alliance board.
11:36:41 Today I'm here on a more personal level.
11:36:43 And I was only going to speak to the citation.
11:36:46 But it's hard for me not to get a little upset about what I
11:36:49 have heard.
11:36:50 We have come a long way since 1950.
11:36:52 I agree.
11:36:53 Absolutely.
11:36:53 We know a lot more about marijuana and the harmful side
11:36:56 effects that it causes.
11:36:57 There's studies that have come out quite frequently that do
11:37:00 talk about IQ, that talk about increased addiction, that
11:37:03 talk about lung problems, memory issues, which I can't
11:37:09 imagine anyone giving someone anyone some sort of mental
11:37:15 health problems marijuana.
11:37:17 I'm not sure where other groups get their data.
11:37:19 I use the national institute of drug abuse, and I will
11:37:24 absolutely a sure you that Colorado use increase has
11:37:27 skyrocketed since they legalized marijuana; not only for
11:37:30 recreation but even before that.
11:37:32 That being said, I wanted to say several years ago I went
11:37:35 and got my mental health master's degree from USF and at
11:37:40 that time I saw the real power of prevention.
11:37:42 So instead of going and working in the communities as a
11:37:46 counselor I decided to stay in preferential.
11:37:49 I'm not paid by anyone and I don't have any agenda other
11:37:52 than helping our families understand how substance abuse can
11:37:57 ruin your family.
11:37:58 In the past three years assed I have been speaking around
11:38:01 the community there's only one person whose child is
11:38:03 addicted to a stronger drug than marijuana or has died from
11:38:08 opiates or drug overdose that did not use marijuana origin
11:38:12 to use marijuana that led them down the path of addiction.
11:38:16 During my internship I was able to work with some of our
11:38:19 local community rehabs and treatment centers, and it was
11:38:23 always so inspiring when I could see how education helped
11:38:27 these young people see that the path they were choosing was
11:38:31 not going to be the one that they really wanted for
11:38:33 themselves, and to give them the tools they wanted to go out
11:38:37 into the community and say no to using drugs. Many of them
11:38:40 were minority students that we had.
11:38:43 And speaking of minority, I really expected to see all these
11:38:47 people and their families who everybody in jail and in
11:38:49 prison because of marijuana here.
11:38:51 But who do we see here are those that want to legalize, not
11:38:54 the pastors whose congregation members have been affected by
11:39:00 being put in jail.
11:39:01 And when I am out in the community I am out every day.
11:39:03 There's not one day I am not out talking to somebody about
11:39:06 this.
11:39:10 When you hand out my cards, a minister in St. Pete was so
11:39:15 thankful.
11:39:15 She has a small congregation over there that she want me to
11:39:18 come and speak.
11:39:19 This is a tragedy that's killing our families.
11:39:22 And it's destroying them.
11:39:23 So lastly, I think the citation is a great you today he but
11:39:27 I think we need some really highly extraordinary sanctions
11:39:30 in there.
11:39:31 First time they need to go get treatment and be assessed and
11:39:34 really find out where they are in their level so they don't
11:39:38 go down the path of criminal.
11:39:41 So any questions I will be glad to answer.
11:39:43 (Bell sounds).
11:39:46 >>FRANK REDDICK: All right.
11:39:47 >> Thank you.
11:39:49 Are? Next speaker.
11:39:50 >> I'm Ellen Snelling, board chairman of the drug alliance
11:39:55 and I appreciate your attention on this issue and I know you
11:39:57 are all concerned about drug abuse.
11:40:02 I have a family member, my daughter affected by drug abuse.
11:40:05 I have a little different perspective as far as law
11:40:07 enforcement in the criminal justice system getting involved.
11:40:10 I don't alleges see it as something negative and I think
11:40:13 sometimes an arrest can put a person on the right path such
11:40:16 as my daughter, who was arrested and she went to juvenile
11:40:20 drug courts here in Hillsborough County, and she has sed the
11:40:24 help she needs, the treatments she received, and for
11:40:27 recovery.
11:40:27 A lot of people here that have spoken so far are really
11:40:30 advocating for the legalization of marijuana, or medical
11:40:34 March what wanna.
11:40:35 That's up to the state and the federal government to look at
11:40:37 those issues, not a city or county.
11:40:42 We in Florida, just to set everything straight, we do have a
11:40:45 lot THC marijuana law for medical purposes.
11:40:49 It is now being implemented.
11:40:50 I heard yesterday that the farms are growing, the marijuana
11:40:53 should be available in June.
11:40:54 So we already have it that should be available for families
11:41:00 that need.
11:41:01 Also there is a law being discussed right now that would
11:41:05 allow full-fledged marijuana, not smoked, but any other type
11:41:08 for families that have a loved one who is in a terminal
11:41:12 condition.
11:41:12 So that's being discussed now.
11:41:13 There's several things going on at the state level that will
11:41:16 help these families.
11:41:17 That's not what we are here to talk about today.
11:41:19 So what we are here to talk about is the ordinance.
11:41:22 And the biggest issue, I think, the anti-drug alliance has
11:41:28 is the unlimited citation, because when you read it, it's
11:41:31 like it says 4 or more.
11:41:33 That doesn't make sense.
11:41:34 When you are raising a child you say, okay, don't do that,
11:41:37 don't do that, don't do that.
11:41:38 You want to have a limit.
11:41:39 Or people are not going to learn the proper behavior.
11:41:42 As far as the drug marijuana, it is a drug.
11:41:47 It is a harmful drug.
11:41:48 It is harmful especially to anyone under the age of 25.
11:41:51 The reason being is that is when the brain is developing.
11:41:56 It does not finish until age 25.
11:41:58 So any kind of a harmful drug that's introduced can damage
11:42:01 that developing brain.
11:42:02 And marijuana, there's much more evidence coming out showing
11:42:05 it can cause a loss of IQ points, that it can cause changes
11:42:08 in the brain, that are shown by scans, and a person's memory
11:42:14 loss, intoxication, poor judgment, poor coordination.
11:42:17 Interestingly enough it can lead to hallucination or
11:42:22 psychosis which are some of the symptoms we heard earlier.
11:42:25 What we would like to do as far as a recommendation is to
11:42:30 recommend that a lower amounts of marijuana is possible
11:42:33 because 20 grams, that's a lot so possibly 10 grams.
11:42:38 Civil citation for first offense only would be ideal.
11:42:41 To add sanctions including education.
11:42:44 That's primary.
11:42:45 The next thing would be the person that needs help
11:42:48 especially if they are under 25 years old.
11:42:50 (Bell sounds)
11:42:53 And as far as officers I feel they should have discretion to
11:42:58 arrest.
11:42:59 Thank you.
11:42:59 >> My name is Gary white.
11:43:02 I am the associate director of the Hillsborough County
11:43:04 anti-drug alliance.
11:43:07 Where we work on improving to help in Hillsborough County
11:43:13 through substance abuse prevention and education ab and
11:43:17 advocacy so I thought it was appropriate to come and talk
11:43:19 with you today.
11:43:20 I heard a good bit Dar about making choices, and my hope is
11:43:24 that the opportunity is taken really to shape the
11:43:27 environment in Hillsborough County, certainly in Tampa for
11:43:30 this ordinance will affect -- certainly will improve
11:43:35 outcome, and take that choice really based on research as
11:43:38 opposed to anecdotal evidence.
11:43:41 When we talk about the current research that's out there,
11:43:44 doctor merdroth, Harvard, medical faculty has already talked
11:43:50 a lot with the new things we are finding out about the
11:43:52 marijuana.
11:43:53 And certainly I'm hoping that we can provide that to you,
11:43:58 either soon, but if you have not seen it, it does talk about
11:44:01 the addictive nature, does talk about the other consequences
11:44:03 that happened in the community when use is up.
11:44:07 If you think about it in three major components, we talk
11:44:12 about the prevention.
11:44:13 But we also do intervention programs either based on
11:44:17 nationally recognized programs and practices.
11:44:19 We do that in our schools.
11:44:20 We do that in churches.
11:44:22 We do that throughout the community.
11:44:24 And those education classes that covers the addictive
11:44:29 nature, and all of the consequences.
11:44:31 The second tier would be early I had fakes.
11:44:33 I was glad to hear about the discussion that was talked
11:44:36 about, about the streets.
11:44:38 If you can early identify maybe some of those things to try
11:44:42 to prevent the greater cost down the road.
11:44:46 I think if you think about the availability of marijuana, in
11:44:52 the community, and the effect that it might save you maybe
11:44:56 on some court dockets today but will it save you in the
11:44:59 futures?
11:45:00 Certainly all of us here mate not be in this body down the
11:45:03 road when really the bill comes due.
11:45:06 Another thing as we talked that earlier assessment and
11:45:11 intervention those things are also based on research.
11:45:14 The mental health and services administration, and certainly
11:45:19 we have those kind of programs that we offer for free about
11:45:22 screening, intervention referral to treatment.
11:45:26 We have treatment provided here but it's better if we test
11:45:30 it with assessment early, that it's evidence based, and get
11:45:34 data to tell you whether you need to refer to treatment or
11:45:36 not.
11:45:36 I think lastly, I want to talk about there are some
11:45:39 similarities and comparisons that have been made.
11:45:41 I was nine years old when my father -- I had my first
11:45:45 cigarette.
11:45:46 He gave total me willingly without hesitation.
11:45:49 He also had a can of bud light.
11:45:52 He gave that to me as well.
11:45:55 Had I asked for marijuana, I think he certainly would have
11:45:58 given it to me.
11:45:59 But does that mean because I asked for it that it was bet
11:46:02 are for me?
11:46:03 Certainly not.
11:46:04 I spent 21 years in the Army as a nurse.
11:46:06 I am glad to answer questions if you would like me to.
11:46:09 (Bell sounds).
11:46:11 >>FRANK REDDICK: Thank you.
11:46:11 Next speaker.
11:46:11 >> Hector Valdes. I live in the Forrest Hill area.
11:46:25 We have proof that intervention does not work.
11:46:28 Therefore, we have to stop jailing people over this illegal
11:46:33 vegetation.
11:46:34 I support the citation program.
11:46:36 And it will help with that.
11:46:39 We also have to keep in mind that every time someone has
11:46:41 been arrested for small possession, their lives are getting
11:46:47 ruined.
11:46:47 They can't get a job.
11:46:48 Their records are tainted.
11:46:49 And that affects their lives.
11:46:51 And that's just plain wrong.
11:46:53 The citation program is not going to make things any more
11:46:57 legal.
11:46:57 It's just going to give the officers the option of not
11:47:00 having to put somebody in jail and ruining their lives over
11:47:04 a victimless crime.
11:47:05 Now, I understand the concerns about our children.
11:47:09 I have three kids myself.
11:47:10 And what we do is we speak to them about drugs.
11:47:16 But I think that's the only way, is by the parents being
11:47:21 involved in their lives, and talking to them.
11:47:23 And that way, when somebody comes to them and says, hey, you
11:47:27 want to try this?
11:47:28 They say, no, thank you, my parents have already spoken to
11:47:30 me about that.
11:47:31 That's the only way the intervention will work.
11:47:33 But putting people in jail over illegal possession and a
11:47:40 victimless crime is wrong.
11:47:41 Thank you.
11:47:42 >>FRANK REDDICK: Next speaker.
11:47:43 >> Vincent: I live here in Tampa.
11:47:47 I split time between California and Florida.
11:47:50 I'm a medical patient.
11:47:52 This is my medical ID.
11:47:56 I'm also a cannabis consultant in California, Washington
11:47:59 state.
11:48:02 Real quick, what we are doing, we started today's meeting
11:48:04 with a prayer.
11:48:06 But at the end of that prayer, the name Jesus was invoked.
11:48:10 That means you have to use the Bible as a stepping stone.
11:48:15 I just want to make a quick passage from the book of
11:48:18 genesis, chapter 1, verse 29, paraphrase.
11:48:22 I give you every seed bearing philanthropist and every tree
11:48:25 that has fruit with seed in it that will be used for food.
11:48:31 Going back, or just coming from where we are, everybody here
11:48:35 has stated that the current system is costing taxpayers a
11:48:38 lot of money.
11:48:39 The citation program will definitely save people money,
11:48:43 taxpayers money.
11:48:49 What some of the anti-drug people have spoken about today,
11:48:52 the majority of whatever they said I do not agree with.
11:48:54 However, I do agree with the statements that we are trying
11:48:57 to get to full legalization for medical and recreational.
11:49:04 With that said, it was stated that federal law, you don't
11:49:08 have the power to change that.
11:49:10 We are not trying to change in that sense.
11:49:12 If you look at the capital city of our country, Washington,
11:49:15 D.C., it's legal.
11:49:16 You can go to -- it recently started where you can go
11:49:22 purchase retail cannabis.
11:49:24 We are not going to get to that point here yet.
11:49:26 But if we are the leaders, the City of Tampa is the leaders
11:49:29 in this great state, we need to lady, to continue to do
11:49:33 that.
11:49:34 And by issuing the citation program, that will be the first
11:49:38 step in doing that.
11:49:44 Twice now I have heard from the meetings, from the antidrug
11:49:47 people, they are talking about 36 joints out of 20 grahams
11:49:52 grams.
11:49:53 I don't not how that's possible smoking a tiny, tiny joint.
11:49:56 So that's probably, you know, not medical.
11:50:02 They are telling the same lies that we have been fed for the
11:50:05 last 80 years and keep thinking it to be true.
11:50:07 But the fact of the matter is they need to be educated.
11:50:10 Cannabis, marijuana, first and foremost it's a plant.
11:50:15 It was put on here on earth by nature.
11:50:23 The great omnipotent force that created the universe also
11:50:28 created that plant.
11:50:29 It's to be used lying nickels, apples, tomatoes, there's
11:50:33 really not much difference.
11:50:34 I thank you for your time.
11:50:35 I hope you will pass the citation ordinance.
11:50:39 >>FRANK REDDICK: Thank you.
11:50:40 Next speaker.
11:50:41 >> My name is Carlos Hermida, the deputy director of the
11:50:49 Central Florida Chapter of the National Organization for the
11:50:52 Reform of Marijuana Laws.
11:50:54 A few points that I want to make to you guys today.
11:51:03 I heard the opposition about the 20 grams.
11:51:06 And I just want to make a point that the National Institute
11:51:17 of Drug Abuse actually has a program where they give medical
11:51:21 marijuana patients cannabis in the mail, and they do this
11:51:30 under federal law.
11:51:31 And they give the joints to these people.
11:51:33 And I'm pretty sure that there's a lot less than 20 grams in
11:51:40 that container.
11:51:42 And I also want to make a point that I'm actually somebody
11:51:47 that could have benefited from this ordinance.
11:51:51 I am not a bad guy at all.
11:51:53 At least it don't think so.
11:51:54 I'm actually a bit of an academic. I hold an MBA from NOVA
11:52:02 Southeast University and I have three bachelors degrees from
11:52:03 the University of South Florida.
11:52:05 And I was actually arrested leaving an existentialism class
11:52:11 on the way to Kentucky Fried Chicken for one thing.
11:52:13 And I always have to live with that on my record.
11:52:17 And you guys have the opportunity to make sure that people
11:52:21 who are innocent, who are not doing any sort of violent
11:52:27 crime, not really hurting anybody, not even hurting
11:52:30 themselves, have a second chance to not have that stain on
11:52:33 their record.
11:52:34 And I really urge you guys -- you guys have the opportunity
11:52:37 today to be a leader in the State of Florida.
11:52:41 Miami-Dade, Broward County, West Palm Beach has already
11:52:43 passed ordinances like this.
11:52:45 And you guys can show our state government that the people
11:52:49 of Florida really want cannabis legislation to change.
11:52:53 58% of our people voted for amendment 2.
11:52:57 So this is what the people want.
11:52:59 I really think you guys should give it to them.
11:53:02 And I also want to make another point that I have a friend
11:53:05 that actually recently died of cancer in Tampa.
11:53:10 And I urge you to check out cannabis therapy for her
11:53:14 condition.
11:53:15 She was afraid -- and my friend might still be here.
11:53:24 And you should consider changing these laws.
11:53:29 Thank you.
11:53:30 >>FRANK REDDICK: Next speaker.
11:53:32 >> Good morning, council.
11:53:35 My name is Dottie Groover Skipper and I live in Carrollwood
11:53:41 here in Tampa, Florida.
11:53:42 I do serve on many boards locally in the state and national.
11:53:46 But today I am not here to represent any of those as a board
11:53:52 member of the Hillsborough County Anti-drug Alliance, and I
11:53:54 will say the fact that the alliance has spoken today are
11:53:58 facts.
11:53:59 They are true.
11:54:00 So I really urge you to take that to heart.
11:54:05 I am not here representing any board.
11:54:09 I am here this morning as a parent, a parent of seven
11:54:13 children, a parent who does have a child still as an adult
11:54:20 who is an addict.
11:54:22 And who started in high school with marijuana.
11:54:27 And the clientele that I work with on a professional level
11:54:30 as well, many of these girls, boys, men and women started
11:54:36 with their substance abuse and addiction issues with
11:54:39 marijuana.
11:54:42 As a parent, my heart goes out to these parents within their
11:54:45 precious children who are sick.
11:54:47 And our state and our nation, they are taking steps with
11:54:53 medical marijuana, not the smoked marijuana.
11:54:57 Just medical marijuana.
11:54:58 But this today is not about medical marijuana.
11:55:02 It is about the ordinance.
11:55:03 So as a parent, I suggest and I encourage that this is about
11:55:10 giving our youth and giving our community a second chance.
11:55:14 I agree, a first offender -- I do believe that a first
11:55:26 offense to receive a citation with consequences may be going
11:55:32 to a prevention program such as what the anti-drug alliance
11:55:36 has in the tobacco vendors, something of that nature, but to
11:55:42 give someone two, three, four or more chances is like being
11:55:46 in the store with your child and say, no you can't have that
11:55:49 cookie, and the child asks over and over and over again and
11:55:52 you finally say, okay, you can have the cookie.
11:55:55 What is that teaching our children?
11:55:57 It's about leadership.
11:55:59 And you are the leaders here in Tampa.
11:56:02 Being the leaders that you are and not to succumb to keeping
11:56:06 up with the Joneses, for a better way to put it.
11:56:10 I don't know if you ever had a child with issues, I don't
11:56:14 know if you ever had a child that has died from addiction
11:56:17 issues.
11:56:18 And I hope you never have to experience that.
11:56:21 But I suggest to you to please give our youth and our
11:56:25 community a second chance with one citation, and one
11:56:29 citation only, with a chance to help them go into treatment
11:56:35 programming.
11:56:36 Thank you very much.
11:56:36 (Bell sounds).
11:56:39 >>FRANK REDDICK: All right.
11:56:39 Before the next speaker, we need to --
11:56:44 >>CHARLIE MIRANDA: I make a motion to allow 30 minutes and
11:56:47 the last gentleman is the gentleman in blue.
11:56:50 I will end there.
11:56:51 >> Second P.
11:56:52 >>FRANK REDDICK: Got a motion from Mr. Miranda.
11:56:54 Seconded by Mr. Cohen.
11:56:55 All in favor say aye.
11:56:57 Opposed?
11:56:57 All right.
11:57:00 I have been noticing that line.
11:57:01 I see people come and get in front of you.
11:57:08 You are the last one in the line.
11:57:11 We are going to take these seven and that's it.
11:57:13 Next speaker.
11:57:14 >> My name is Josh Holton, a Tampa native growing up here in
11:57:24 the Tampa area.
11:57:25 Thank you for your time.
11:57:26 One of the reasons I'm coming up here today is first and far
11:57:29 most I do want to thank you council member Capin for
11:57:32 starting out having this discussion talking about the fact
11:57:34 that we have elected you all to council as legislators to
11:57:40 pass legislation, and it's a very serious task.
11:57:43 And having conversation about the role of council in this
11:57:46 situation.
11:57:47 I think what's interesting, we talk about whether or not the
11:57:50 child should have a cookie.
11:57:51 I think that's the domain of parenting and good parenting
11:57:54 and that's something that I don't think any of us would feel
11:57:58 comfortable getting involved in somebody else's parenting.
11:58:01 On the other hand, it is the duty of council to pass
11:58:03 legislation, and as happened in Miami and several other
11:58:06 states across the State of Florida, this is an issue that
11:58:10 City Councils have been able to decriminalize.
11:58:12 So it is an issue that I definitely think this council has
11:58:15 the north authority to take action on.
11:58:17 And points I want to bring up with regards to the concerns
11:58:21 that everybody raised other council and also by members, the
11:58:24 folks who are in opposition to the situation.
11:58:30 So, for example, this is an example of something that was
11:58:36 brought up in New York City.
11:58:37 We have been talking about kind of whether or not marijuana
11:58:40 is good for the lungs, whether it's healthy.
11:58:42 Obviously we had a situation in New York City where they
11:58:44 were talking about limiting the amount of soda that could be
11:58:50 marketed.
11:58:50 That didn't GOP over very well.
11:58:52 The people didn't really like that.
11:58:54 Also, kind of become aware, it's kind of irrelevant because
11:58:58 we are talking about possession here, not necessarily --
11:59:01 what it does with the product once they have it in their
11:59:04 possession.
11:59:05 That's really not up to anyone to say whether it's going to
11:59:09 boil it or drink it.
11:59:10 It's not something that we can determine once it's in their
11:59:12 possession, right?
11:59:13 Same thing with marijuana.
11:59:16 We also talked about DUIs and other offenses such as
11:59:20 running red lights.
11:59:22 I would argue there everybody studies out to show that using
11:59:24 marijuana and getting behind the wheel is drastically
11:59:28 different than drinking alcohol and getting behind the
11:59:30 wheel.
11:59:30 Especially with regards -- even I think somebody ha has --
11:59:37 who has smoked marijuana can conduct themselves and have
11:59:41 greater motor function walking around the city than somebody
11:59:43 who has five or six years, yet alcohol is legal, not to
11:59:47 mention the adverse effects of alcohol, but we won't get
11:59:50 into that.
11:59:51 As far as the officers' discretion, that was another thing
11:59:54 that was brought up by council member Miranda and also by
11:59:57 council member Reddick.
11:59:58 I think that is very interesting to get into.
12:00:01 However, as has already been brought up, officers use that
12:00:03 discussion all the time.
12:00:04 If you have your license suspended, without your knowledge,
12:00:08 for example, you are driving, an officer can say, well, we
12:00:11 are either going to take you to jail or issue you a citation
12:00:16 and warping.
12:00:16 So I don't think it's a matter of social psychology.
12:00:19 (Bell sounds)
12:00:21 So those should be considered.
12:00:22 The last things I definitely want to mention is the fact
12:00:24 that also fines are already in place are pretty pro hub
12:00:29 tiff.
12:00:30 Rate now I think it's up to $1,000 in addition to a year.
12:00:35 >>FRANK REDDICK: Thank you.
12:00:36 >> I want to definitely say that the $450 --
12:00:42 >>FRANK REDDICK: Thank you very much.
12:00:46 >>YVONNE CAPIN: We gave 30 minutes and 7 people will be 35
12:00:50 minutes.
12:00:53 >>CHARLIE MIRANDA: 7 people at 3 minutes is 21.
12:01:04 >>FRANK REDDICK: Two minutes.
12:01:05 We will be all right.
12:01:06 >> My name is a Amanda.
12:01:08 I live -- I am going to be a Tampa native soon.
12:01:13 I am moving to the area next month but I have been here my
12:01:16 whole life.
12:01:17 I'm probably one of the youngest people in the room which I
12:01:19 find very interesting.
12:01:20 This is the kind of a drug, the matter of it being a
12:01:24 social -- not a social but discrepancy issue with officers,
12:01:27 I feel that if they are going to be officers, they are
12:01:30 trained to deal with situations like this whether it be a
12:01:33 citation to do it, possession of marijuana, or whether it is
12:01:37 the judgment whether they should use a weapon, whether they
12:01:41 shouldn't, or should give you a ticket for driving with a
12:01:44 suspended lay sense, not knowing -- not just the narrow
12:01:49 scope like people are trying to use it to make it fit how
12:01:54 they want it to.
12:01:55 It becomes -- they pass the academy, and they have that good
12:02:02 judgment to use it.
12:02:03 Whether they should draw a weapon or not, then why shouldn't
12:02:07 they be able to decide, well, if someone is in possession of
12:02:10 two grams of marijuana, it's their first time, let them off
12:02:14 with a citation and let them go.
12:02:16 Now, way don't agree with the ordinance and see problems, to
12:02:23 see how many citations.
12:02:24 There should be a limit on how many citations they should be
12:02:27 allowed to have before intervention is involved.
12:02:29 I think if you are that dumb that you keep getting caught
12:02:34 smoking marijuana in public and it's still illegal, then,
12:02:39 yes, I do believe that the ordinance in itself should be
12:02:41 passed.
12:02:42 Because it was a lot of less time for people in court, a lot
12:02:49 of less time for cops and less paperwork and not only just
12:02:53 the people involved.
12:02:55 It would help the people in the office as far as lake in the
12:02:58 court system and everything like that.
12:03:00 It would also help overall with that.
12:03:06 Thank you.
12:03:08 >>FRANK REDDICK: Thank you.
12:03:09 Next speaker.
12:03:09 >> My name is Nathan.
12:03:17 I'm an entrepreneur.
12:03:19 I grew up in Carrollwood.
12:03:20 I have done over 150 real estate transactions and went on to
12:03:25 teach people on a national level how to buy and sell houses
12:03:30 as a capitalist, a entrepreneur.
12:03:33 I'm one of the most recognized short sale educators in the
12:03:36 country back in 2009.
12:03:38 Sold over $10 million on the Internet.
12:03:40 And all of that was taken away from me when I was diagnosed
12:03:43 with a bipolar disorder.
12:03:45 I went from almost self-made millionaire to being no room, 8
12:03:51 by 8 room, with your friends and family don't know where you
12:03:55 are because the cops put you there.
12:03:56 I have been in five different psyche wards.
12:03:59 I'm also a social dynamic expert.
12:04:01 I teach social dynamics.
12:04:03 And you have seen over nine different psychiatrists.
12:04:07 I have been locked up either voluntarily or Baker Acted on
12:04:11 five different occasions in the last two years.
12:04:14 And it's very evident, it's very interesting.
12:04:17 When you talk to the psychiatrists and in a one is around,
12:04:21 it's kind of evident they would probably like to prescribe
12:04:25 can you business but they can't.
12:04:27 I have been prescribed zepiton, all kinds of drugs under the
12:04:32 sun.
12:04:32 The only thing that caused me to overcome this -- I'm also
12:04:35 the spokesperson -- being healed and delivered from my
12:04:41 bipolar disorder by God that Paul talks about in 1st
12:04:45 Corinthians 12.
12:04:52 But there is a little chemical imbalance that I can't seem
12:04:55 to find from than the medical pharmaceutical industry.
12:04:58 I'm not saying it doesn't exist.
12:04:59 I'm just saying I have seen nine different psychiatrists and
12:05:03 it hasn't happened -- hasn't happened yet.
12:05:06 The only thing that really balances he me out is cannabis,
12:05:10 and right now in Florida it's you will legal for me to even
12:05:13 take that so I have to break the law to feel balanced.
12:05:18 I understand there's a lot of families in here that say, you
12:05:21 know, I have a lot of sympathy for them, that maybe lost
12:05:25 children to drug abuse, drug addiction.
12:05:28 But, you know, I was born in 1981.
12:05:32 I'm 34 years old.
12:05:33 I remember -- I learned from watching the commercial.
12:05:38 Do you remember that?
12:05:39 A lot of you guys in the millennial generation, they don't
12:05:42 know.
12:05:43 They don't remember it.
12:05:44 And they did a study that basically said when all those
12:05:48 anti-drug commercials came outs that it actually caused more
12:05:51 kids to smoke pot.
12:05:53 It doesn't take -- there's no study, it's just common sense.
12:05:58 It doesn't take a sen use to figure out that if it's legal
12:06:01 that the guy that you get your pot from and the guy that you
12:06:05 get your coke from when it ends up being the same guy, so
12:06:09 it's way less likely you become a gateway drug if it's
12:06:14 legalized and regulated.
12:06:15 (Bell sounds)
12:06:16 That's all I have got.
12:06:17 Thank you for your time.
12:06:18 >> Hello.
12:06:24 My name is Chris Whitener.
12:06:26 I'm with magicalbutter.com.
12:06:30 I think it's important today to share some information with
12:06:32 you.
12:06:33 I have had the privilege to travel the country, meet with
12:06:36 many medical professionals.
12:06:38 I think it's important that we all know that we have an
12:06:41 endogenous system inside our body so your brain naturally
12:06:46 produces cananoids and receptors to receive them.
12:06:53 So basically, I know that some of the opposition is talking
12:06:55 about research that they have done.
12:06:57 I encourage you guys to do some research.
12:06:59 There's been research done ins real for over 50 years,
12:07:03 funded bits American government by Dr. Raphael Mechoulam and
12:07:09 others that have discovered all kinds of amazing things and
12:07:13 basically that information has been suppressed.
12:07:15 The doctors in America, it's not their fault.
12:07:18 They don't know.
12:07:19 Dr. Lester Greenspan from Harvard, he in his opinion says
12:07:24 every citizen of the United States should file a class
12:07:29 action lawsuits against the federal government for keeping
12:07:31 this plants from us for all these years.
12:07:34 I wants you to think about all the people in your lifetime
12:07:36 that you have known and loved that have lost due to some
12:07:41 kind of illness or sickness and most people could have been
12:07:44 helped by this plants.
12:07:45 So it's not as bad as they wants you to think it is.
12:07:47 It's not a drug at all.
12:07:49 It's a dietary supplement.
12:07:50 And we all need in the our diets.
12:07:52 And the sooner we pass this decriminalization, the closer we
12:07:57 are to getting this as whole plants medicine.
12:08:01 Thank you very much.
12:08:04 >>FRANK REDDICK: All right.
12:08:04 Next speaker.
12:08:04 >> My name is Shawn Gearhart, an attorney in the Tampa Bay
12:08:11 area and I support the passage of this ordinance.
12:08:13 There's just a few points I would like to make.
12:08:15 I don't think that I can bring up anything that the past
12:08:17 speakers haven't already brought up.
12:08:19 However, we are here today about the ordinance.
12:08:21 And what I want to discuss is that the passage of this
12:08:24 ordinance is not going to change the way anybody in the
12:08:28 Tampa Bay area already uses cannabis.
12:08:30 And it is not going to all of a sudden make people start
12:08:34 using cannabis if but pass this ordinance.
12:08:37 The only thing that it's going to do is that somebody is
12:08:41 stopped by the police, the police are going to have the
12:08:44 discretion to arrest that person by passing this ordinance,
12:08:48 and not view somebody with a first or even second time
12:08:55 caught a criminal record that could go forth in the future
12:08:58 and affect their entire life.
12:09:01 That's what this ordinance is about.
12:09:03 This is a local thing and several municipalities in the
12:09:06 state have already passed itself.
12:09:08 St. Petersburg is considering this, also.
12:09:11 That's what this is about.
12:09:12 It's about not tagging somebody with a criminal record for
12:09:15 the rest of their lives.
12:09:17 And I think that's what the focus of this discussion needs
12:09:19 to be on.
12:09:21 However, there are two other points that I would like to
12:09:25 make.
12:09:25 We talked about discretion with police officers, and when
12:09:28 you are talking about a misdemeanor offense in the State of
12:09:31 Florida, police officers already have discretion.
12:09:34 They have discretion whether or not to arrest somebody,
12:09:36 whether or not to give them a notice to appear in courts or
12:09:40 just to allow them to go.
12:09:42 And it happens every day.
12:09:43 And I think the City Council needs to take that into
12:09:46 account, not to get -- council member Miranda and where
12:09:56 already brought up that.
12:09:57 Police officers already have discretion to do what's being
12:09:59 talked about in this ordinance.
12:10:00 However, again, this ordinance gives the ability not to tag
12:10:05 somebody with a criminal record for the rest of their lives.
12:10:08 Also gives police the opportunities to pursue more serious
12:10:12 crime.
12:10:13 It opens that avenue up and allows the resources to use
12:10:17 where they should be used.
12:10:18 The last point I would like to make is on a broader scale.
12:10:22 We talked about and heard about people talked about how
12:10:25 cannabis and marijuana is a gateway drug.
12:10:28 Currently there are about 20 million users of cannabis in
12:10:30 the U.S.
12:10:31 There's only 1.5 million users of cocaine and 1.1 million
12:10:36 users of heroin.
12:10:38 So if cannabis is a gateway drug I think we would be seeing
12:10:41 a lot more people using heroin and cocaine.
12:10:45 I urge you to pass this ordinance.
12:10:51 >>FRANK REDDICK: Next speaker.
12:10:51 >> My name is Caylee Lowe.
12:10:54 I'm here just advocating for my son.
12:10:57 I wanted to debunk a few things.
12:11:00 First off, legalizing marijuana, if someone is an addict
12:11:05 they are going to be an addicts whether it's you will legal
12:11:07 or not.
12:11:08 They are going to find it and get it.
12:11:10 Second, someone quoted about smokeable not being medical.
12:11:14 It's one plant.
12:11:18 I want people to know that.
12:11:20 It all comes from the same plant, no matter what form you
12:11:23 are using it, how you are getting it, how you are getting
12:11:26 access to it.
12:11:27 It's medicine.
12:11:28 It's whole plants medicine.
12:11:30 I also heard someone say something about studies showing how
12:11:35 itself the brain and cognitive issues.
12:11:39 I can tell you from personal experience, my son had a stroke
12:11:43 so he has several developmental delays, cognitive issues,
12:11:47 and once we were able to gain access to medical cannabis it
12:11:52 changed his life.
12:11:52 He can talk now.
12:11:54 We were told he wouldn't be able to.
12:11:55 He functions on a normal level.
12:11:57 And I'm sorry if I get upset.
12:12:00 I feel like you are really just making criminals out of
12:12:04 people that don't deserve it.
12:12:07 If I could do anything else to encourage everybody to
12:12:10 educate themselves, find outs everything you can, and then
12:12:15 just know we are paving the way for the future for families
12:12:18 like main.
12:12:19 Thank you.
12:12:23 All right, the final speaker.
12:12:24 >> Scott Barrish, Valrico, Florida.
12:12:29 Mr. Chair, honorable members of the council, distinguished
12:12:33 guests, ladies and gentlemen.
12:12:34 Thanks for this opportunity to speak before you today.
12:12:37 And I am quite shocked at the actual issue that needs to be
12:12:42 discussed about the ordinance has not been discussed yet.
12:12:45 And that is the authority of the City Council to even
12:12:48 entertain this kind of ordinance.
12:12:52 The federal government through the controlled substance
12:12:56 prevention act has the sole authority to regulate controlled
12:13:00 substances in the United States of the giving authority to
12:13:02 the state to co-regulate drug laws.
12:13:07 The State of Florida, there's plenty of jurisprudence that
12:13:13 state government has express regulation, if you will, that
12:13:16 they alone could only regulate that, not back to the county
12:13:21 or the city jurisdiction.
12:13:24 The controlling case law on this is U.S. Supreme Court,
12:13:27 Gonzales v. Raich, 545 U.S. 1, in 2005.
12:13:34 The authority of the Supreme Court ruled that the federal
12:13:38 government has -- regulating it intra-state cultivation,
12:13:46 distribution, possession of marijuana directly affects the
12:13:51 interstate commerce.
12:13:53 That's where the controlling law is.
12:13:55 And I would ask this council to either table or vote no on
12:14:03 this ordinance, because if you do pass it, it opens up the
12:14:07 city up for liability for a legal challenge to your actual
12:14:11 authority to pass such an ordinance.
12:14:13 Thank you very much for your time.
12:14:15 >>FRANK REDDICK: Thank you.
12:14:16 All right.
12:14:23 I will go to council members for final discussion and a
12:14:28 vote.
12:14:29 Ms. Capin.
12:14:30 >>YVONNE CAPIN: As I stated before, on my benchmark trip
12:14:36 with the chamber to Denver, Colorado, the research that I
12:14:39 looked at, plus the talk that came at the end of the chamber
12:14:45 meeting, it was very open and very informative.
12:14:51 When I was at the grow house, I asked about the cannabis.
12:14:55 And I apologize for calling it marijuana.
12:14:58 It is cannabis.
12:14:59 And they said the research is moving so quickly, the oils,
12:15:03 the ointments, the things that they are finding that
12:15:07 benefit, they listed -- I wish I had that list.
12:15:12 I don't have it.
12:15:14 But of all the benefits to different diseases and illnesses.
12:15:20 And the other thing was, when the city officials talked to
12:15:24 us, and told us, that we looked at so of the unintended
12:15:32 consequences, and because they were first.
12:15:37 We have 23 states that have legalize it.
12:15:40 And I believe there are 20 more states that have it on their
12:15:44 ballots as of October.
12:15:48 That they brought up.
12:15:50 In Denver there are people coming from all over the U.S.,
12:15:54 the world, to study what is happening there.
12:16:05 Again, one of the things we are looking at chipping away,
12:16:08 and really it is about the decriminalizing these very small
12:16:18 amounts.
12:16:19 A dosage, according to them, is 10 mill I will grams or 10?
12:16:29 10.
12:16:30 That's what is legal whenever they sell.
12:16:35 When you go to buy, you have to have a driver's license
12:16:39 driver's license, an ID, and you have to show it.
12:16:42 Whether it's recreational or not.
12:16:44 And they do not, just like here, do not sell to underage
12:16:51 alcohol.
12:16:53 The same thing there.
12:16:55 But really, it doesn't stop under age from getting alcohol,
12:16:58 does it?
12:17:02 We have those laws on the books because we need them,
12:17:05 because we have to have them, because we want to be able to
12:17:07 stop the people that are do supply these children with this.
12:17:18 Again, this is not legalizing.
12:17:21 This is decriminalizing, and it does cost a lot of money for
12:17:28 something that is so prevalent that we clog up the courts
12:17:33 with these misdemeanors, and I think that that's a step in
12:17:41 the right direction.
12:17:42 Do we have to tweak it a little bit more?
12:17:45 Maybe.
12:17:45 I'll hear are from my colleagues.
12:17:47 Thank you.
12:17:49 >>FRANK REDDICK: Ms. Montelione.
12:17:49 >>LISA MONTELIONE: Thank you.
12:17:51 So there are a couple of things going through what we talked
12:17:57 about today, and really, I think, two very prevalent things.
12:18:02 And one is the lives affected.
12:18:06 Whether lives are affected in a positive way because of the
12:18:08 medical condition that's being treated, and we don't have
12:18:16 the medical marijuana, low TXHB, ready just yet.
12:18:24 And when we talk about making money, there's no segment of
12:18:29 corporate America that makes more money than big pharma.
12:18:35 And when medical marijuana is being discussed at a state and
12:18:41 a federal level, I assure you that big pharma is ready and
12:18:51 willing to jump on that gravy train.
12:18:54 So I don't see us, you know, talking about following any
12:18:59 money in this particular instance.
12:19:01 Following the money is going to be if it does become a
12:19:04 commonplace, marketable drug.
12:19:10 And then for someone to be able to afford the medication,
12:19:13 I'm sure.
12:19:17 The other running thing, we talked about children and we
12:19:26 talked about whether or not we give them a cookie or give
12:19:29 them a beer.
12:19:29 I don't see that this ordinance is addressing morality.
12:19:36 And how children are brought up to believe that something is
12:19:41 good or bad for them.
12:19:42 So I wanted to get those two things out.
12:19:47 And anybody who knows a little bit of history can go back to
12:19:53 I think it was 1919, I was looking it up, when prohibition
12:19:58 was in place.
12:19:59 Prohibition of alcohol.
12:20:00 And what happened after prohibition was passed, it created
12:20:05 an entire culture and class of criminal activity.
12:20:09 And I see that very much parallelling the marijuana sales
12:20:16 now.
12:20:16 It's created, just as prohibition did for alcohol, it's
12:20:22 created a whole criminal class.
12:20:24 So what happened with alcohol?
12:20:28 They repealed the prohibition laws and regulated the sales
12:20:31 of alcohol.
12:20:31 So there was commonplace regulations that made sense.
12:20:40 And I think that's what we are moving into here with
12:20:43 marijuana.
12:20:44 So common sense regulation.
12:20:46 So with the regulation of marijuana going back to
12:20:51 prohibition, the real push again, if you want to follow the
12:20:54 money, the real push to outlaw marijuana was by the DuPonts
12:21:00 and the Hearsts who wanted to keep Kemp as a product,
12:21:06 because talking about the whole plant, that wanted to keep
12:21:09 it from being imported or brought into the United States,
12:21:11 because they had patents for other products.
12:21:15 So maybe not everybody has seen that movie.
12:21:22 It's pretty hysterical.
12:21:23 But people took that seriously.
12:21:25 And hysteria took place.
12:21:27 It was also seen as a way to bolster the police departments
12:21:33 and those courts that were making money off of prohibition
12:21:38 regulations went away, so now they have to find another way
12:21:41 to fund the regulation or the police departments and the
12:21:47 courts because now they didn't have prohibition anymore.
12:21:50 So there was a lot surrounding what made hemp and cannabis
12:21:57 illegal at the time.
12:21:59 So I think time in rectifying some of the wrongs of several
12:22:07 generations ago.
12:22:09 And, you know, as far as studies go and research goes,
12:22:13 pretty much on any topic, any issue, you can get research
12:22:18 that says opposite things.
12:22:22 I'm not an analyst.
12:22:23 I'm not a medical doctor.
12:22:25 I rely on folks who, you know, have esteemed credentials.
12:22:32 And there is an article that was given to me that quotes Dr.
12:22:37 Erin Carroll at Indiana School of Medicine school of
12:22:45 pediatrics who told CBS news that he considers alcohol much
12:22:49 more dangerous.
12:22:50 And, you know, I can say from having family members who have
12:22:56 been alcoholics and died from sclerosis of the liver, and
12:23:01 having relatives who smoked marijuana on a regular basis,
12:23:09 that marijuana didn't kill any of my relatives, but alcohol
12:23:13 did.
12:23:15 Marijuana doesn't kill as many people on our roadways as
12:23:19 alcohol does.
12:23:21 And with the prevalence, of course, nothing is going to
12:23:25 limit -- it's going to be more prevalent because now people
12:23:30 are admitting to the use.
12:23:32 It doesn't mean it's growing.
12:23:33 It's it just means that people are admitting to it.
12:23:37 Dr. Carroll went on to say that 9% of people who experiment
12:23:40 with pot will be dependent or abuse it.
12:23:43 The percentage later becomes dependent or abuse alcohol is
12:23:46 greater than 20%.
12:23:49 So, you know, the comparisons between alcohol and marijuana,
12:23:54 I think, are many.
12:23:56 And, you know, I believed this is a first step.
12:24:00 And I do think that the penalties for alcohol, underage
12:24:07 possession, is there are people charged with a second degree
12:24:11 misdemeanor and order to pay a fine of $500 and sentenced to
12:24:13 up to 60 days with a second offense charge of first degree
12:24:19 misdemeanor and ordered to pay a fine of $1,000 or sentence
12:24:19 up to one year in jail, and alcohol kills people on our
12:24:24 roadways.
12:24:25 So I think those are appropriate offenses.
12:24:31 I'm in favor of this ordinance.
12:24:34 Should there be recommendations for counseling for people
12:24:37 who may feel they need it?
12:24:40 Certainly so.
12:24:41 And I think the same goes for alcohol.
12:24:43 So I think we should maybe parallel the two in our
12:24:49 ordinance.
12:24:49 I do appreciate Mr. Rainesberger making the changes that I
12:24:53 had requested about the paraphernalia and collar paying the
12:24:57 language.
12:24:58 And as far as police judgment goes, they always have the
12:25:02 opportunity for an arrest.
12:25:04 It's provided for in our code.
12:25:06 And Mr. Rainesberger, I think you can address that -- you
12:25:12 have to come to the microphone to address that.
12:25:14 Thank you.
12:25:16 At any time an officer is going to make a judgment call.
12:25:19 My brother was a retired police officers in New York and
12:25:22 judgment call is part of the job.
12:25:24 That's what they do.
12:25:25 >>KIRBY RAINSBERGER: There's no question about that.
12:25:28 The police department and Chief Ward frequently, severely
12:25:33 limit that expression and judgment.
12:25:36 It's not entirely at the whim of a police officer to do a
12:25:41 lot of things.
12:25:42 And we toss around discussion in this room today lake a
12:25:46 police officer could do what he wants out there.
12:25:48 That's not nearly the case.
12:25:51 The SOP manual in paper form, there's testimony to that
12:25:58 fact.
12:25:59 >>LISA MONTELIONE: Thank you, sir.
12:26:02 >>CHARLIE MIRANDA: Thank you, chairman.
12:26:02 First of all thank everybody in the audience for this
12:26:06 debate.
12:26:06 It could be very testy but it was very civilly done.
12:26:12 Pros and cons on both sides.
12:26:13 However the way this ordinance is written I cannot support
12:26:15 it on the merits. It goes forever. There is never
12:26:18 conclusion.
12:26:19 There's never finding of fact.
12:26:20 Never ending.
12:26:21 You can be anywhere you want to be.
12:26:24 That's number one.
12:26:25 Number two, I would support an ordinance to help someone, in
12:26:30 my opinion, go away from being involved in alcohol or
12:26:36 marijuana.
12:26:39 That would be one-time only, you get a free pass.
12:26:44 That fine goes to a diversion program to help solve your
12:26:47 situation that you have.
12:26:49 I'm not a parent of the world.
12:26:51 I raised three kids.
12:26:52 I didn't, my wife did, really.
12:26:54 Did a hell of a job.
12:26:56 However, I can only say this.
12:26:58 I would assume that she gave the kids a break somewhere
12:27:01 along the line.
12:27:07 What I am trying to say is that one time, you pay $75.
12:27:14 GOP to a diversion program.
12:27:15 But after that, huh-uh.
12:27:19 You go to court.
12:27:20 That's a choice that you make in life.
12:27:22 The choice when you go to school and you want to study or
12:27:25 not.
12:27:26 You drop out after a certain age.
12:27:29 That was a choice that was given to all of us.
12:27:31 I can't solve the world's choices.
12:27:33 I can't solve the world's problems.
12:27:36 I admit to that.
12:27:37 Some of us may not.
12:27:38 I do.
12:27:39 I just say one time, that's fine.
12:27:43 Pay or go to diversion, whatever the program is they have.
12:27:46 The court system, or the anti-drug alliance, whatever they
12:27:49 want to do to help you stay away from it.
12:27:53 But after that, I can't support anything other than that.
12:27:58 And 20 grams, something around 10 grams.
12:28:02 We are creating a society that most of us don't even know
12:28:06 what we are doing.
12:28:08 How do I explain that?
12:28:09 Peer pressure is the greatest pressure you have about doing
12:28:13 something.
12:28:15 You don't want to be one of us? What kind of girl or guy
12:28:18 are you?
12:28:19 You are not man enough to do this?
12:28:21 That's what it's all about at the end of the day.
12:28:24 I have been through that.
12:28:24 All of us have.
12:28:27 Some of us stood up.
12:28:29 Others bent to peer pressure.
12:28:31 And a lot of things that we do in life are done because you
12:28:34 see it where you live.
12:28:37 Alcohol, your parents drank.
12:28:41 Whatever you want to do, cocaine, whatever drug you want to
12:28:44 talk about, they have done it because they see it somewhere
12:28:48 in the home or some choices of their friends.
12:28:50 And that's where it's at.
12:28:52 So I'm willing to say one time and 10 grams.
12:28:58 But I'm not willing to be continuous, hey, Charlie, you are
12:29:03 a nice kid, keep going.
12:29:06 Somewhere in today's paper, one of the newspapers, not only
12:29:12 did he kill somebody, that family or that young man, what
12:29:16 about his own life and the family that he killed?
12:29:18 It was related.
12:29:20 A lot of the evidence that comes back to drugs and guns are
12:29:25 because a drug deals that have gone bad.
12:29:29 And that's not me.
12:29:30 You tell me if I'm wrong.
12:29:32 A lot of the crime is created in this city and in this
12:29:35 country is because of drug deals that have gone bad.
12:29:40 All drugs.
12:29:42 And we are still saying we are going to give this -- I can't
12:29:46 do that.
12:29:47 I'm willing to compromise to some degree to help straighten
12:29:50 some person's life, whether they are 50, 60 or 95.
12:29:53 But I can't do more than that.
12:29:55 Thank you, Mr. Chairman.
12:29:56 >>GUIDO MANISCALCO: Something one of the speakers said we
12:30:01 are making criminals out of people.
12:30:04 Sometimes people make mistakes.
12:30:06 Good people make mistakes N.this case, and as it's written
12:30:10 now, you get caught with marijuana, you get arrested, you go
12:30:13 to jail, you incur attorneys fees and whatnot. This is
12:30:16 essentially, you know, a second chance.
12:30:19 This is just an opportunity to perhaps unclog the system a
12:30:23 little bit.
12:30:24 And perhaps not create a record for somebody that's going to
12:30:28 follow them with an arrest that will affect them with
12:30:30 employment or whatever else it is in the future.
12:30:32 But alcohol is legal.
12:30:35 You have to be 21 to purchase it.
12:30:37 And when people drank, sometimes they fight, sometimes they
12:30:41 get in the car and drive, sometimes they kill people.
12:30:44 You know, we hear a lot more coming out with alcohol.
12:30:47 With marijuana, what do they do?
12:30:50 They eat.
12:30:50 They relax.
12:30:51 You know, they are not going to get in the car and drive and
12:30:54 go and kill somebody.
12:30:55 It's a completely different thing.
12:30:56 I look at it as moving forward, perhaps it will be legalized
12:31:00 by the state, whether it goes on the ballot, and let the
12:31:03 people decide there.
12:31:04 But to ruin somebody's life or to change the path of the
12:31:07 course of their livers because of an arrest, you know, and
12:31:10 to give them the opportunity to pay the fine, $75 the first
12:31:14 time, whatever it is.
12:31:15 Maybe they'll learn.
12:31:16 And like another girl said, if you keep getting caught --
12:31:20 and that's another problem.
12:31:21 But if somebody does one thing one time, then they have an
12:31:24 arrest record that follows them, you know, on something like
12:31:31 this.
12:31:31 So when it comes down to it, I would like to hear what other
12:31:34 comments are made but I will be supporting this.
12:31:37 >>FRANK REDDICK: Mr. Suarez.
12:31:42 [ Applause ]
12:31:43 >>FRANK REDDICK: Did anybody ask you to clap?
12:31:44 Nobody in the audience clap.
12:31:46 So don't do it.
12:31:47 Mr. Suarez.
12:31:50 Suarez.
12:31:51 >>HARRY COHEN: I would like to move for an additional 15
12:31:53 minutes.
12:31:54 >>FRANK REDDICK: Seconded by Mrs. Montelione.
12:31:56 All in favor say aye.
12:31:57 Opposed?
12:31:58 All right.
12:31:58 Mr. Suarez.
12:31:59 >>MIKE SUAREZ: Thank you, chair.
12:32:00 I appreciate everyone to talk about this.
12:32:03 We talked about a lot of things dealing with if medical use
12:32:08 of marijuana, whether or not we should legalize marijuana.
12:32:12 Let's get back to what the ordinance actually says.
12:32:14 Because I think it's very important for people to understand
12:32:17 what we are doing.
12:32:18 Earlier this week I met with one member from the anti-drug
12:32:22 alliance.
12:32:23 We had a very nice conversation.
12:32:25 And in terms of where we went with that discussion really
12:32:29 was about the ordinance.
12:32:30 And I will tell you, the ordinance specifically says that
12:32:37 having cannabis less than 20 grams is unlawful.
12:32:40 We haven't changed the law so that it's not unlawful of the
12:32:44 all we are doing is creating essentially a diversion program
12:32:47 for people who are have less than 20 grams to get a civil
12:32:51 citation.
12:32:51 I think that's an important distinction.
12:32:54 Because there are a lot of folks that are saying this is a
12:32:58 slippery slope argue number terms of what will happen next
12:33:00 with our kids out there.
12:33:02 Believe me.
12:33:03 Kids are going to do whatever kids are going to do.
12:33:05 I have three children of my own.
12:33:07 I know that at times -- and Mr. Miranda was very correct
12:33:10 when he said peer pressure has a lot more to do with what's
12:33:13 going on than what is necessarily happening in the home.
12:33:16 My father, who is a complete anti-smoking person, saw his
12:33:21 father smoke himself to death, and he never used a
12:33:25 cigarette.
12:33:26 That doesn't mean that he or the other eight brothers that
12:33:29 he grew up with didn't use tobacco.
12:33:33 I know he said I used it once.
12:33:35 He would never use it again.
12:33:37 Problem is other members of our family did.
12:33:39 Now that one family, two parents, same household, different
12:33:43 results.
12:33:43 Again, that doesn't mean that we are going to have a slew of
12:33:47 people that are going to be using marijuana.
12:33:50 I hope not, okay?
12:33:52 Some of the other things that we have been talking about.
12:33:55 This does not go -- it's not a statement of criminality or
12:33:59 future criminal activity in terms of whatever someone else
12:34:02 is doing.
12:34:03 Again, it only uses the diversion program in my mind to get
12:34:09 the people out of the system and hopefully they will stoop
12:34:11 using the drug and stop getting caught with the drug.
12:34:14 It is still unlawful.
12:34:16 I think we need to remember that.
12:34:18 People that have -- and I think some folks alluded to this,
12:34:22 which is people that have addictive personalities will be
12:34:25 addicted to something at some point.
12:34:27 Whether it's marijuana, alcohol.
12:34:29 It could be anything.
12:34:30 And I don't think that we as a body can legislate whatever
12:34:34 is going to happen medically to someone by virtue of this
12:34:38 particular ordinance.
12:34:41 I think that there is a lot to be said about whether or not
12:34:43 this drug should be legalized on a state wide basis, or
12:34:49 whether or not people should have access to it for medical
12:34:52 purposes.
12:34:53 That is not what we are doing here.
12:34:55 And I want to make sure everyone understands that.
12:34:57 We are doing one very small part, one little piece that
12:35:02 allows for people to get out of the criminal justice system.
12:35:06 I think that that makes it a very good way of going forward.
12:35:11 I do agree with some of my colleagues saying that we don't
12:35:15 want to have people who are chronically using drugs.
12:35:19 We do not have really the resources or the power to put
12:35:23 people into drug treatment programs right now.
12:35:27 Courts are essentially handling that.
12:35:29 Those folks that have gone to drug court understand that
12:35:32 they can be -- those folks that go into drug court can be
12:35:35 put into a diversion program or treatment program.
12:35:38 We don't have that power now.
12:35:39 We don't have that power as part of this ordinance.
12:35:42 I think that is something that we can talk to the county
12:35:44 about.
12:35:45 If they would want to fund that with their social service
12:35:49 dollars, because we do pay our taxes to the county to
12:35:52 provide social services, especially indigent health care, it
12:35:57 comes directly out of our property taxes.
12:36:00 But it's something that we can talk about.
12:36:04 Thirdly and the last things I would like to say is we can
12:36:07 only change this ordinance if for some reason that it
12:36:10 becomes an abusive use of people being able to skirt the law
12:36:13 in terms of what they are supposed to be doing, and that is
12:36:17 that it's not doing its intended purpose which is to get
12:36:20 people out of the system, not to give them a free raid.
12:36:22 And again, that is a whole different scenario.
12:36:25 We will be monitoring it.
12:36:26 I know that all the members here that are duly elected, we
12:36:31 have three more years together as a board, that we will have
12:36:34 an opportunity to maybe look at this again, if we find that
12:36:37 there are some problems with the ordinance.
12:36:40 So I am going to be supporting of this, colleagues.
12:36:44 And I think on that basis alone it's necessary to go forth.
12:36:47 Because we are not solving all the problems.
12:36:49 We are not solving all the issues that might be attuned to
12:36:52 cannabis or marijuana possession, but I think it's one small
12:36:56 piece that we can go forth to try to get people out of the
12:36:59 criminal justice system.
12:37:01 Thank you, chair.
12:37:02 >>FRANK REDDICK: I want to comment and Mr. Cohen wraps it up
12:37:06 for the council.
12:37:09 Sitting here, and listening to a lot of comments that those
12:37:14 in the ordinance were making.
12:37:16 And I learned, Mr. Suarez brought us back to focus because I
12:37:22 was getting frustrated sitting here and thinking it's become
12:37:26 a medical marijuana that we want to legalize.
12:37:29 This has nothing to do with legalizing marijuana, has
12:37:34 nothing to do with getting this on the ballot in November
12:37:41 about medical marijuana.
12:37:46 This is about giving people a second chance.
12:37:50 That's all this is about.
12:37:52 The civil citation -- and it's the whole discussion in the
12:37:57 last 40 minutes has been about something else.
12:38:05 That is not what we are supposed to be talking about.
12:38:08 You know, I have some problems with the number of citations,
12:38:15 and, you know, as I sit through this, I also have to think
12:38:23 about my brother and my sister, because my brother and
12:38:34 sister standing oh a street corner caught with less than 20
12:38:43 grams and one having their future and their lives destroyed
12:38:48 because they didn't have in a second chance.
12:38:50 And that's why I cannot allow this not to go forward,
12:38:57 because when I travel down 22nd and I travel down Lincoln
12:39:05 Avenue and I travel down central, and I have been in East
12:39:08 Tampa and I see those young folks standing out there with in
12:39:13 a jobs, in a future, no opportunity, because a lot of them
12:39:20 had less than 20 grams and been arrested.
12:39:24 And it's on their record that they cannot go serve their
12:39:30 country if they wanted to.
12:39:34 Don't even have the opportunity to go get that skill for
12:39:37 their education.
12:39:39 They don't have an opportunity to provide for their family
12:39:46 because of that one mistake.
12:39:47 And I said in our last conversation when we had this, all of
12:39:53 us have made a mistake in our lives.
12:39:59 Some made mistakes and just haven't gotten caught.
12:40:02 Everyone has made a mistake in their life.
12:40:08 And growing up, you made a mistake, and if that one mistake
12:40:14 is going to hold you back when you are 14, 15 and 16 years
12:40:18 of age, 19, 20 years old, if that mistake will deny you your
12:40:26 future, then something is wrong.
12:40:29 Something is wrong with this society, something is wrong
12:40:33 with this city, if we want to deny these people this
12:40:36 opportunity.
12:40:46 Municipalities saying we are going to give those in our
12:40:48 community another opportunity.
12:40:52 And they have the choice to do right, or they cannot blame
12:41:02 us, or blame government, nor not having a second chance.
12:41:07 And that's the problem that I face, because it disturbs me
12:41:10 when I see those young folks in the city that made that one
12:41:19 mistake.
12:41:27 And cannot serve in this city or this country because of
12:41:29 that one mistake.
12:41:30 And proportionately, a lot of them, as I stated, are those
12:41:39 who live in East Tampa growing up the hood.
12:41:50 And you don't have to be African-American to understand.
12:41:58 And that's the reason why I'm going to support this, even
12:42:03 though I have some problems with it.
12:42:07 But I am also going to suggest and make it in the form of a
12:42:11 motion, when Mr. Cohen speaks, the reports on the number of
12:42:21 citations, the number of arrests, the effectiveness of this
12:42:26 program every six months requesting that that be a part of
12:42:33 our report back to City Council.
12:42:35 And I do that in the form of a motion.
12:42:43 Mr. Cohen.
12:42:43 >>HARRY COHEN: Thank you very much.
12:42:47 >>YVONNE CAPIN: Yale second.
12:42:48 >>HARRY COHEN: Could we wait for a moment?
12:42:52 First of all, I want to reiterate what a few of the council
12:42:57 members said in thanking the public to come out and speak to
12:43:00 us today.
12:43:01 This has been one of the most civilized, respectful and
12:43:05 really needy discussions that we have had here at City
12:43:08 Council.
12:43:08 And I know that I feel like I learned a lot from hearing
12:43:12 what everyone had to be say today.
12:43:14 And I certainly think that all the comments that were made
12:43:18 by my colleagues up here and represent how much thought
12:43:23 everyone has put into trying to work through a difficult
12:43:31 issue and one that has stumped other local governments
12:43:34 around the country.
12:43:37 Just to clear up a few last remaining points.
12:43:41 The reason that we focused on 20 grams as being a threshold
12:43:44 is because that is where state law delineates the difference
12:43:48 between a misdemeanor and a felony.
12:43:50 So above 20 grams, it's not in our power to do anything, but
12:43:55 beneath, we have the ability at the local government to pass
12:43:58 an ordinance that as you heard today will give our police
12:44:02 discretion in how they deal with these types of
12:44:05 circumstances.
12:44:09 Everyone, I think, brought it back to what the real usual
12:44:12 you is here.
12:44:12 And it's not just the clogging of our criminal justice
12:44:16 system and the amount of resources that governments are
12:44:19 expending prosecuting these laws.
12:44:21 It's the irreversible effect that a criminal record can have
12:44:26 on a person's record, and the fact that these laws are
12:44:32 prosecuted in a way across the country where are they
12:44:37 disproportionately burden minorities and people do not have
12:44:41 money, and it is time in this country that we wake up and
12:44:46 start evening the playing field for our -- start evening the
12:44:53 playing field and that is one this council is attempting to
12:44:57 do.
12:44:59 I was going to suggest that we receive a report back on
12:45:02 October 6th, which is about six months from now, on this
12:45:06 item.
12:45:09 I was going to go ahead and read the ordinance, and after
12:45:12 that, if you want to go ahead and make your motion for the
12:45:15 biennial report, perhaps you can include that October
12:45:19 6th day as the day to start, Mr. Rainesberger.
12:45:24 >>KIRBY RAINSBERGER: Can I address a couple of council's
12:45:26 concerns?
12:45:26 The first is that we keep calling it this a citation and we
12:45:31 kind of make it equivalent to a traffic citation.
12:45:34 The truth is it's going to be far more harsh than that out
12:45:38 on the street because the officer who initially encounters
12:45:41 marijuana, doesn't know what he's dealing with.
12:45:44 So I assure you that that person is very likely, they can
12:45:50 immediately end up in handcuffs and in the back of April
12:45:53 police car F.there's a motor vehicle connected to the
12:45:56 marijuana, that vehicle is going to be searched.
12:46:00 Containers within it.
12:46:01 The trunk is going to be searched.
12:46:02 Everything in that car is going to be searched.
12:46:06 The marijuana that is discovered is going to be confiscated
12:46:10 by the police department.
12:46:11 And the merchandise is not going back to the offender.
12:46:15 At the end of that investigation, which is going to take
12:46:18 some time while the offender is sitting handcuffed in the
12:46:23 back of the police vehicle, at the end of that
12:46:25 investigation, if all the officer has is 20 grams or less of
12:46:30 marijuana, that person may be under the system, there are
12:46:36 some other criteria. But they won't have avoided the
12:46:40 inconvenience, the loss of their marijuana, whatever
12:46:45 humiliation might be attached to being in handcuffs in the
12:46:48 back of a police car.
12:46:49 It's going to be a significant event for them.
12:46:57 So it's not just a traffic ticket and that's it.
12:47:00 This is going to be a significant event for them.
12:47:02 The other thing is that chief ward has plans to very
12:47:05 carefully monitor what goes on in this program.
12:47:08 There are a lot of issues.
12:47:13 Attendant to this contained of program and one is the
12:47:15 recidivism rate.
12:47:17 So he already plans to come back to you and tell you what
12:47:20 the recidivism rate has been.
12:47:22 Did we catch the same guy three or four times? Year or six
12:47:27 months?
12:47:28 You will notice that.
12:47:29 You can modify this ordinance at any time if that's your
12:47:32 pleasure.
12:47:32 >>HARRY COHEN: And one of the things that we'll be able to
12:47:36 see right away is whether or not there's anybody that gets
12:47:38 quickly to that four-event threshold within the next six
12:47:42 months.
12:47:42 That will be a very interesting thing to see when this comes
12:47:46 back to us for a report, I think, in October.
12:47:51 Thank you.
12:47:51 >>CHARLIE MIRANDA: Second go around, I will not be
12:47:55 supporting this, although I think it will be a 6 to 1.
12:47:58 And it's based on exactly what they said.
12:48:04 How in the world do you just keep paying forever and never
12:48:09 have a record because you are rich?
12:48:11 That's what we are saying.
12:48:13 I said it earlier.
12:48:14 Why not have it without no money if we really want to help
12:48:18 society?
12:48:18 We are not doing that.
12:48:19 We are not doing a damn thing to help anybody other than
12:48:22 collect money, with the cameras, with other things, and
12:48:27 nothing is going to change.
12:48:29 But what I would like to add to the reports that are coming,
12:48:33 how many crimes we have had counting guns and how they are
12:48:38 related to drugs.
12:48:39 I am going to make that motion when they make theirs.
12:48:42 And see what's happening here with all drugs.
12:48:45 I guarantee you that my sense will be that the preponderance
12:48:51 of the killings in this city is tied to drugs.
12:48:54 All kind of drugs.
12:48:57 That's all I am going to say now, Mr. Chairman.
12:49:00 >>FRANK REDDICK: All right.
12:49:02 We go back to the ordinance.
12:49:05 There's a motion.
12:49:07 >>HARRY COHEN: Why don't we go ahead and Dale with that
12:49:10 motion first?
12:49:10 Councilman Reddick did make a motion, seconded by
12:49:13 Councilwoman Capin for a biennial report.
12:49:17 >>FRANK REDDICK: And make it October 5th the date.
12:49:20 And what we are doing, the number of citations that are
12:49:25 issued.
12:49:34 Related crimes, effectiveness of the program, and whatever
12:49:38 else he deems necessary to inform the council the first six
12:49:42 months.
12:49:43 >>KIRBY RAINSBERGER: You are on first reading today.
12:49:45 So we won't be in effect until probably April 1st.
12:49:48 >>HARRY COHEN: That's why are we said October so you have
12:49:52 six months.
12:49:54 >>FRANK REDDICK: Okay.
12:49:55 >>HARRY COHEN: We have a motion on the floor S.thereby any
12:49:57 discussion on this snows if not all those in favor please
12:49:59 indicate by saying aye.
12:50:00 Opposed?
12:50:04 >>CHARLIE MIRANDA: I would like to make a motion that at the
12:50:06 same time this motion comes in that we have also a report on
12:50:08 all -- everyone that's lost their lives in the City of Tampa
12:50:14 with gun violence or stabbing, and at some point related to
12:50:20 drugs and the police department certainly has the capability
12:50:23 of doing that because I saw it in the paper this morning.
12:50:26 I want that report brought.
12:50:28 And I would like to have a report also on how many drug
12:50:30 dealers were caught during this six months also.
12:50:33 Not the people using this Mr. The drug dealers.
12:50:37 I would like to see who they are.
12:50:40 I don't know if I have a second or not.
12:50:42 >>FRANK REDDICK: We have a motion by Mr. Miranda.
12:50:43 >>MIKE SUAREZ: I will second it if I can also have some
12:50:48 discussion about that particular motion.
12:50:49 >>FRANK REDDICK: We have a second by Mr. Suarez.
12:50:50 >>MIKE SUAREZ: Thank you, chair H.one of the things that I
12:50:53 think we know that you have those uniform crime statistics
12:51:00 you have to provide to the FBI every year and I think it
12:51:02 will be more than every year.
12:51:04 I think that's probably what Mr. Miranda is talking about.
12:51:07 I don't have any problem with knowing how many drug-related
12:51:10 deaths or injuries that come because of illegal activity.
12:51:16 Most people who are involved in illegal activity are
12:51:19 probably holding more than 20 grams of marijuana or any
12:51:22 other drug.
12:51:23 And I think that there's a distinction here between what we
12:51:27 are talking about here, and what we are talking about
12:51:31 serious drug correct me if I am wrong.
12:51:32 But I do support the amendment -- excuse me, the motion, and
12:51:36 hopefully you will be able to get that fairly easily.
12:51:39 >>FRANK REDDICK: Ms. Montelione.
12:51:40 >>LISA MONTELIONE: Thank you.
12:51:41 I would like to offer an amendment to Councilman Miranda's
12:51:45 request, and if it's not accepted I will make it a -- as a
12:51:53 separate motion but I would like to see alcohol-related
12:51:55 activities, accidents, deaths, included in that report, and
12:52:02 from my discussion with Chief Ward and others, what I
12:52:07 understand is we have more deaths from pedestrian accidents,
12:52:14 which I talk about constantly, then homicide in the city.
12:52:19 So if you want to talk about what's killing people in our
12:52:21 streets, it's people being hit by cars, and whether or not
12:52:24 those cars are being driven by individuals who have consumed
12:52:27 alcohol or whether or not the people who are crossing the
12:52:30 street are individuals who have consumed alcohol, that is
12:52:35 the real killer in this city.
12:52:36 >>CHARLIE MIRANDA: [Off microphone.]
12:52:43 >> May I ask for clarification?
12:52:46 >>HARRY COHEN: I just wonder if marijuana and other drugs
12:52:49 are going to be separated into different categories, when
12:52:52 people, because all drugs are not the same.
12:52:56 >>LISA MONTELIONE: Right.
12:52:58 >>HARRY COHEN: I think it would be a little helpful to have
12:53:02 more detail about the information we got.
12:53:05 >>YVONNE CAPIN: The clarification, I think he did clarify
12:53:07 because I heard "illegal drugs."
12:53:12 I heard "illegal drugs."
12:53:15 And I thought, well, if there's a drug that is legal we
12:53:18 should nor about that also.
12:53:20 So thank you for clarifying that.
12:53:23 >>FRANK REDDICK: All right.
12:53:24 We got a motion from Mr. Miranda.
12:53:26 Seconded by Mr. Suarez.
12:53:32 And friendly amendment by Ms. Montelione and Mr. Cohen and
12:53:38 Ms. Capin and Mr. Maniscalco.
12:53:40 (Laughter)
12:53:40 All those in favor of the motion say aye.
12:53:43 Those opposed?
12:53:43 All right.
12:53:44 And at this time, I would ask Mr. Cohen to read the
12:53:48 ordinance.
12:53:48 >> Motion to close the public hearing.
12:53:56 >>GUIDO MANISCALCO: Second.
12:53:59 >>FRANK REDDICK: Motion by Mr. Miranda.
12:54:00 Seconded by Mr. Maniscalco.
12:54:01 >>HARRY COHEN: I move an ordinance being presented for
12:54:04 first reading consideration, an ordinance of the city of
12:54:06 Tampa, Florida creating Tampa Code section 14-62 making
12:54:11 possession of 20 grams or less of cannabis unlawful, marking
12:54:16 possession of drug paraphernalia as defined herein unlawful,
12:54:24 providing for civil penalties, amending Tampa code section
12:54:31 23.5-5 to specify the amount of civil fines for violation
12:54:37 and providing an effective date.
12:54:38 >> Motion by Mr. Cohen, second by Mr. Maniscalco.
12:54:38 >>THE CLERK: Motion carried with Miranda voting no. Second
12:54:43 reading and adoption will be on March 17th, 2016 at 9:30
12:54:48 a.m.
12:54:51 >>FRANK REDDICK: Okay.
12:54:51 We thank you all for coming.
12:54:53 Information reports.
12:54:54 Mr. Miranda.
12:54:54 >>CHARLIE MIRANDA: [Off microphone.] Move 9 through 11.
12:55:03 >>FRANK REDDICK: We have already done that.
12:55:05 Any new business?
12:55:07 >>CHARLIE MIRANDA: Oh, new business?
12:55:08 I have so many.
12:55:08 >>MIKE SUAREZ: We still have a meeting going on.
12:55:14 [Sounding gavel]
12:55:19 We are still in session.
12:55:20 Thank you.
12:55:21 >>CHARLIE MIRANDA: I would like to ask the legal department
12:55:22 to come in.
12:55:25 There are more and more signs coming up, electronic signs
12:55:28 that do not, in my opinion, come in under the law that's
12:55:32 been there for signs.
12:55:34 They are electronic.
12:55:35 They don't change every five minutes.
12:55:37 They change every 20, 25 seconds.
12:55:40 There was one.
12:55:41 Now there's 15 in our district.
12:55:42 We see it every day.
12:55:44 And it's creating a situation in my opinion and very
12:55:48 terrible for the City of Tampa.
12:55:49 >>FRANK REDDICK: I have a motion from Mr. Miranda.
12:55:51 Second by Mr. Cohen.
12:55:52 Any discussion on the motion?
12:55:53 >>HARRY COHEN: When do you want to hear that back, April
12:55:56 7th?
12:55:59 >>CHARLIE MIRANDA: That's fine, sir.
12:56:00 >> Staff reports.
12:56:01 >>FRANK REDDICK: All in favor?
12:56:02 Opposed?
12:56:03 All right.
12:56:03 Anything else?
12:56:05 >>CHARLIE MIRANDA: I would but we are kind of late today.
12:56:07 >>MIKE SUAREZ: I have two items I would like to talk about.
12:56:10 First of all I would like to ask that Gregory Spearman,
12:56:13 director of purchasing, come back with a report concerning
12:56:19 the purchase of the paver that far we talked about during, I
12:56:24 believe, purchased in June of 2012 which we had a five-year
12:56:27 extended warrantied agreement on, we never met that
12:56:31 agreement. There were lots of different questions as to
12:56:33 what happened in terms of that purchase.
12:56:35 I would like a report back to us.
12:56:37 And I was going to do it -- let's do it under staff reports
12:56:41 on April 7th.
12:56:44 >>HARRY COHEN: Second.
12:56:46 But wasn't that already scheduled?
12:56:48 You.
12:56:49 >>MIKE SUAREZ: I can't find it anywhere.
12:56:51 I may be wrong about that.
12:56:52 >>HARRY COHEN: Second.
12:56:53 >>MIKE SUAREZ: I don't think that we have gotten it from
12:56:56 the purchasing department side.
12:56:57 We have talked to Jean Duncan but not to Mr. Spearman about
12:57:02 it.
12:57:02 >> Second.
12:57:04 >>FRANK REDDICK: Got a motion by Mr. Suarez.
12:57:06 Second by Mr. Cohen.
12:57:08 Further discussion on that motion?
12:57:09 All in favor?
12:57:10 Opposed?
12:57:10 Okay.
12:57:11 >>MIKE SUAREZ: One other item, chair.
12:57:13 Ms. Capin touched on this earlier when we started talking
12:57:16 about the marijuana decriminalization idea.
12:57:19 I know that there's been a lot of articles talking about
12:57:22 parking for our council members.
12:57:27 When it was presented to us last weak, you know, obviously
12:57:30 we do it under new business, we usually allow for our
12:57:34 members to go forward with something, and then we have a
12:57:37 more robust discussion late earth on.
12:57:40 I did not support the motion at that time.
12:57:42 I didn't think that we should expect free parking in other
12:57:47 places other than the parking that's provided, and my
12:57:49 reasoning is because we already get -- we know going into
12:57:53 our election what our privileges and our rights and
12:57:55 responsibilities are.
12:57:56 And I really do appreciate the fact that Ms. Capin -- you
12:58:01 know that I have a second job outside of council, and
12:58:05 typically the amount of mileage that hi put on my car
12:58:08 between write work, write live and over here, plus all the
12:58:11 other events that I am invited to, is significant.
12:58:13 But I knew that going in.
12:58:16 I don't think that we should vote ourselves additional
12:58:18 privileges.
12:58:20 Going forward.
12:58:20 I know that with your discussion, I totally agree with what
12:58:26 you are saying in terms of our commitment to the city.
12:58:28 We do put a lot of time and effort.
12:58:31 I don't think there's more harder working people in
12:58:35 government than us seven.
12:58:36 And I agree, it is something that has -- something that we
12:58:43 mate want to talk about at a future time it's maybe for
12:58:47 future councils but not currently.
12:58:52 I wouldn't be sporting it.
12:58:53 I didn't support it the first time.
12:58:55 But I just wanted you to understand why.
12:58:56 It isn't because of your reasoning in terms of what we do
12:58:59 here is false, because it is true.
12:59:01 We do put a lot of time and efforts into our jobs.
12:59:04 And I appreciate everyone that serves on here with me.
12:59:07 My colleagues are very hard working, and I think that some
12:59:11 of the comments have been a little bit harsh in terms of --
12:59:20 Ms. Capin, I just wanted to say that publicly.
12:59:24 >>YVONNE CAPIN: Thank you for that.
12:59:29 Now, you know, are in boxing on the ring-oh-are you done?
12:59:33 I'm sorry.
12:59:36 (Laughter)
12:59:37 He said he's done.
12:59:38 I heard him.
12:59:39 You didn't hear him.
12:59:41 >>FRANK REDDICK: All right.
12:59:43 >>YVONNE CAPIN: Here we go.
12:59:44 You know, in boxing, they have in the corners, they have
12:59:48 someone that cuts when you can't open your eyes anymore from
12:59:52 being punched.
12:59:54 That's the way it feels.
12:59:58 And I want to know -- I said this before and I was stopped
01:00:02 and I am going to say it now.
01:00:05 We were called elitist, superior, grandeur, luxurious,
01:00:10 lavish, extravagant, and even goofy.
01:00:13 And I'm in favor of moving it for another City Council if
01:00:17 that's the case because that's how we got what we have today
01:00:21 because the council decided to move it.
01:00:22 If you stay frozen because of media -- and you know how
01:00:29 many -- you know how many emails I got to my office in seven
01:00:34 days?
01:00:35 Eight.
01:00:35 Three e-mails and five calls.
01:00:38 That's it.
01:00:39 The public is so outraged over this.
01:00:46 I want to know -- and I am going to tell you. You're
01:00:51 welcome, because they're going to be writing about it.
01:00:56 So -- (Laughter)
01:00:59 I venture -- I venture that every reporter and those who
01:01:03 editorialized add wrote and marginalized this body do not
01:01:08 have a second job so that they can be reporters.
01:01:14 And that is a very important point.
01:01:17 Marginalizing at this body is a sad state of affairs.
01:01:24 This is a very large city, and we are elected officials.
01:01:27 And to be treated anything less is a disgrace, whether had
01:01:33 the be in print or media.
01:01:35 And my pointed was that you saw all the TV cameras and all
01:01:39 the people here.
01:01:40 Nobody came here to listen to the complaints of the potholes
01:01:44 and what streets they are on so they can report it on the
01:01:47 6:00 news.
01:01:47 I'm sure you are not going to hear on the 6:00 news that it
01:01:50 cost $14 million to repave our streets, and this council is
01:01:54 the one that has to approve that money.
01:01:58 It is outrageous what media picks, the lowest hanging fruit.
01:02:06 You know, the City Council -- the reason that this is done
01:02:13 is because we don't flex the muscles that we have.
01:02:19 With that, I am going to talk about the mayor and his quote
01:02:24 about this.
01:02:26 His quote is: I hope wiser heads would prevail.
01:02:34 You know, he should know about wiser heads.
01:02:37 Ask Ruskin.
01:02:40 He insulted a whole community with one or two sentences.
01:02:43 And the media barely wrote one word about it.
01:02:51 Yes, I'm upset.
01:02:52 Okay.
01:02:55 I'm upset because we do work very, very hard.
01:02:58 And my $1800, just so you know, has been on four chamber
01:03:05 benchmark trips and my colleagues have also.
01:03:08 The one to Cuba I paid out of my pocket.
01:03:11 It was over $4,000.
01:03:13 And why?
01:03:15 Because of the history.
01:03:16 And what I am going to bring up next for a motion.
01:03:19 The history of this city has with that country.
01:03:23 And I was hoping that maybe we could position ourselves in a
01:03:27 better place for a consulate.
01:03:31 I went to Baltimore, Denver, Pittsburgh.
01:03:34 And that's where my $1800 went.
01:03:38 I paid for all my own meals when I go out.
01:03:42 I pay for my parking.
01:03:45 And I do not -- and my mileage, whatever it is.
01:03:51 I still to this day do not think -- and I will say it -- I
01:03:56 don't think it is outrageous, luxurious, extravagant et al.
01:04:04 And I would be favor -- this will be coming up in the
01:04:06 future.
01:04:06 I did not put a date on it to return.
01:04:09 We did talk about it at our strategic planning meeting.
01:04:13 And it's part of that discussion.
01:04:17 So when it comes back, we'll maybe discuss moving it for
01:04:21 future City Council members.
01:04:23 That being said, thank you for allowing me to say that,
01:04:31 which I was stopped when I first brought it up.
01:04:35 I received an e-mail from Joe Lopano, chief executive
01:04:39 officer of Tampa International Airport confirming that
01:04:42 Southwest Airlines and JetBlue have submitted applications
01:04:45 to the U.S. Department of Transportation to provide two
01:04:48 non-stop flights between Tampa International Airport and
01:04:53 Havana, Cuba.
01:04:55 In his statement, in his note, he says this is great news
01:05:05 for the airport and the entire region.
01:05:07 We have until March 14 to make a case for Tampa.
01:05:10 It is highly competitive process, doesn't apply for 20
01:05:16 slots, 4 alone in Tampa.
01:05:19 And what he's saying is that with our help, we can win.
01:05:25 I would like to make a motion that our city attorney -- our
01:05:29 City Council attorney, Martin Shelby, draft a resolution to
01:05:32 support the application to bring back to council for
01:05:37 approval March -- what meeting do we have before the
01:05:43 14th?
01:05:46 >>HARRY COHEN: March 10 in the evening.
01:05:49 >>YVONNE CAPIN: March 10.
01:05:50 >> We can do it at the evening session.
01:05:58 >>YVONNE CAPIN: March 10 at 6 p.m.
01:06:00 >> Second.
01:06:01 >>FRANK REDDICK: Motion from Mrs. Capin.
01:06:02 Second by Mr. Cohen.
01:06:04 Any further discussion on the motion?
01:06:06 >>YVONNE CAPIN: Except one thing.
01:06:07 March 10th, which is four days from the deadline.
01:06:10 But we have no choice.
01:06:11 We have to move it that way.
01:06:12 So immediately if we pass the resolution, it should be done
01:06:19 immediately.
01:06:20 Thank you.
01:06:22 >>FRANK REDDICK: Any further discussion on the motion?
01:06:23 All in favor of the motion say aye.
01:06:25 Opposed?
01:06:27 Okay.
01:06:28 Anything else?
01:06:43 >>YVONNE CAPIN: That's it.
01:06:45 >>FRANK REDDICK: I agree with you.
01:06:46 I think the mayor should drive his own car.
01:06:49 (Laughter).
01:06:50 >>YVONNE CAPIN: I never said anything about the mayor
01:06:52 driving his own car.
01:06:53 I don't care.
01:06:54 What I care about is -- thank you.
01:06:59 >>FRANK REDDICK: He can drive his own car. If we drive
01:07:02 ours, he can drive his own car.
01:07:03 Mr. Cohen.
01:07:04 >>HARRY COHEN: I don't have any new business but I want to
01:07:08 just say that I appreciate it, Councilman Suarez's earlier
01:07:13 sentiments.
01:07:14 You know, when you present a new idea up here, particularity
01:07:18 if you abide by the law and don't violate the Sunshine Law,
01:07:26 you are presenting it to the colleagues for the first time
01:07:29 and we don't know what's going do comment out of anybody's
01:07:33 mouth and we don't necessarily have time to consider what
01:07:35 the variance different reactions might be to some of the
01:07:39 things that mate come up.
01:07:40 But it takes courage to bring forth proposals that you think
01:07:43 are important and to try to get them aired.
01:07:46 And, you know, I know that when I was thinking about whether
01:07:50 or not to bring up the marijuana decriminalization
01:07:53 ordinance, I didn't know how that was going to be met by
01:07:58 this body.
01:07:58 And I didn't know how this was going to be dealt with in the
01:08:02 press or with the community's reaction to what it was going
01:08:05 to be.
01:08:05 And sometimes it just takes courage to put something on the
01:08:08 table regardless of what the issue is and see where the
01:08:14 chips fall.
01:08:14 And one of the things that is really gratifying about
01:08:18 working with everyone on this council, every single member
01:08:20 of this council, works really hard to come up with ideas
01:08:27 that are going to benefit the city.
01:08:28 And we don't know if that's 100% but we are all trying to
01:08:34 make this a better community to live in.
01:08:36 In that spirit, I wish everybody a happy lunch.
01:08:39 (Laughter).
01:08:41 >>FRANK REDDICK: Mr. Maniscalco.
01:08:41 >>GUIDO MANISCALCO: No, sir.
01:08:44 >>FRANK REDDICK: Thank you.
01:08:46 Ms. Montelione.
01:08:47 >>LISA MONTELIONE: Thank you.
01:08:48 I need to remove something from the calendar that is
01:08:52 currently scald for March 17th.
01:08:54 I had asked for a motion, and council had approved a motion
01:08:57 to ask Mike Merrill, the county administrator, to come and
01:09:01 present the activities that Hillsborough County has been
01:09:05 undertaking in the innovation alliance area and the
01:09:08 memorandum of understanding, that at one time was presented
01:09:10 to City Council but has been withdrawn.
01:09:12 I received a letter from county administrator Merrill who
01:09:17 politely declined my invitation, and that of council.
01:09:21 So he will not be appearing before City Council, something
01:09:25 that I think didn't need to happen because he could have
01:09:30 come and he could have just given us a general overview of
01:09:33 what things are doing, but he has indicated that he wasn't
01:09:37 prepared to discuss things with council that have not
01:09:40 already been discussed with the Board of County
01:09:41 Commissioners first.
01:09:44 And I wasn't asking for specifics.
01:09:47 And I just wanted to put that out there.
01:09:50 So I am going to have to speak with our city attorney and
01:09:53 see if she is prepared to talk about the memorandum of
01:09:57 understanding to come here and so I will talk to her and
01:10:04 maybe at a future meeting make another motion.
01:10:06 So -- that is a motion to withdraw.
01:10:10 >>FRANK REDDICK: I have a motion by Mrs. Montelione.
01:10:13 Seconded by Mr. Maniscalco.
01:10:15 >>LISA MONTELIONE: Somebody did.
01:10:18 >>FRANK REDDICK: All in favor say aye.
01:10:20 Opposed?
01:10:20 >>CHARLIE MIRANDA: One thing, Mr. Chairman, if I may.
01:10:23 I never considered this a job.
01:10:25 I have always considered it as an honor.
01:10:27 And I don't care what anybody tells me from the public, from
01:10:30 this dais, about me I'm bulletproof.
01:10:35 It bounces right off.
01:10:36 Because I don't take anything anybody says granted for life.
01:10:40 Things change and things happen.
01:10:41 And that's how I think.
01:10:43 Thank you very much, sir.
01:10:43 >> anything else?
01:10:47 >>LISA MONTELIONE: One last comment.
01:10:49 Ms. Capin referred to all the comments that were asked, that
01:10:52 appeared after the newspaper article and how many people
01:10:57 have reacted in a somewhat visceral way.
01:11:03 She received eight calls.
01:11:04 I know I heard a message that was left for Mr. Suarez when
01:11:10 Mr. Suarez voted no.
01:11:12 And somebody was going on and on about how they would go to
01:11:17 the ballot box and they would vote with their, you know,
01:11:20 everybody out.
01:11:21 Well, many of us are term limited out after this session.
01:11:26 I'm going to be leaving here on November 8th.
01:11:29 So I think it affects me the least, what I hope to go doing
01:11:35 on November 8th pays less money than this.
01:11:38 So I think I can speak for all of us as Mr. Miranda alluded
01:11:42 to, we don't do this for the money, because we do it for the
01:11:46 betterment of the city.
01:11:48 And we all think that we are helping the city in some way.
01:11:53 And so I would hope -- I would hope that people who are so
01:11:57 quick to comment on stories or in the newspaper would get
01:12:02 more involved in City Council, and probably would hear about
01:12:07 the traffic and the repaving, because most people when I
01:12:11 talk to them and they ask me what I do, and I say I'm a City
01:12:14 Council member in the City of Tampa, and they say, oh, you
01:12:17 work for the city.
01:12:18 So what is it you do?
01:12:20 And I'm an elected official.
01:12:22 They don't have a clue.
01:12:24 >>FRANK REDDICK: All right.
01:12:24 I have to cut it off so we can get out of here.
01:12:26 All right.
01:12:28 First, I'm making a motion to invite James and Lisa hall
01:12:34 from the Salvation Army to come give a ten minute
01:12:36 presentation on April 7th at 9 a.m.
01:12:40 >>HARRY COHEN: We have a motion from Councilman Reddick,
01:12:42 seconded by Councilman Miranda.
01:12:44 All in favor indicate by saying aye.
01:12:46 Opposed?
01:12:47 >>FRANK REDDICK: And the other item, I just want to thank
01:12:50 the Department of Transportation and the City of Tampa
01:12:55 Transportation Department as well for coming through on a
01:13:00 project that I originated and raised plenty of hell about
01:13:04 and that is the street on Hillsborough Avenue where the
01:13:07 young kid died and killed trying to cross, and they are now
01:13:10 in the process of putting the crosswalk there with a traffic
01:13:17 light, and I thank my good friend -- had not done his
01:13:17 research because he would have found out -- I just want to
01:13:28 make that known for the record.
01:13:31 Any new -- a motion to receive and file?
01:13:40 All in favor?
01:13:40 Anyone in the audience want to make a comment?
01:13:43 (Laughter)
01:13:47 All in favor of the motion say aye.
01:13:48 Opposed?
01:13:49 Okay.
01:14:32 (City Council meeting adjourned.)
01:14:43
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