Tampa City Council
Thursday, April 21, 2016
9:00 a.m. session
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09:05:15 >>MIKE SUAREZ: Are we ready?
09:05:16 [Sounding gavel]
09:05:22 The Tampa City Council is now called to order.
09:05:23 The chair yields to Ms. Montelione.
09:05:25 >>LISA MONTELIONE: Thank you, Mr. Chair.
09:05:28 Today it is my pleasure to welcome rabbi Pinny Backman. He
09:05:30 and his wife direct the Chabad Jewish Business Center at the
09:05:36 University of South Florida.
09:05:37 Born and raised in Brooklyn, by the age of 17 he went to
09:05:40 study in business school in France for three years, and he
09:05:45 served a year in Hungary volunteering in the Jewish
09:05:50 community while continuing with his studies.
09:05:53 He was an ordained rabbi at the age of 23 by a rabbi in
09:06:00 Israel.
09:06:02 In 2009, he and his wife moved to Tampa to start the Chabad
09:06:07 Jewish center at USF where they counsel and serve hundreds
09:06:10 of students every week.
09:06:11 Thank you, rabbi, for being here.
09:06:13 Please come to the podium.
09:06:15 And we shared a little joke before.
09:06:17 He said that he's probably got the only congregation in
09:06:22 Tampa where his congregation never grows older. Everyone
09:06:33 please rise and stay standing for the pledge of allegiance.
09:06:33 >> Master of the world, Look favorably upon this council,
09:06:38 the Tampa City Council.
09:06:39 Bless them with good health, wisdom and compassion, that
09:06:43 they may enact just laws according to your will.
09:06:47 Bless our council members and their families.
09:06:52 Let the council remember that they hold a God-given
09:06:54 position, one of the seven universal laws given to Noah, the
09:06:59 father of all humanity, to ensure a peaceful and world
09:07:01 society governed by the rule of law.
09:07:03 Bless our brothers and sisters in law enforcement and the
09:07:06 military who constantly sacrifice for the freedom we
09:07:10 cherish.
09:07:11 Protect them and return them safely to their families.
09:07:15 As we open this council meeting just a day before the Jewish
09:07:18 community celebrates the holiday of Passover, a festival
09:07:22 celebrating the exodus of the Jewish people from the slavery
09:07:25 of Egypt, let us all recommit ourselves to the pursuit of
09:07:29 freedom for all people, freedom from oppression, bigotry and
09:07:34 intolerance, freedom for all people to realize their hopes
09:07:37 and dreams for them and their families.
09:07:39 This is a mission with which we have been charged. Let us
09:07:41 all rise to his calling with great humility and success.
09:07:49 Amen.
09:07:50 [ Pledge of Allegiance ]
09:07:54 >>MIKE SUAREZ: Thank you, rabbi.
09:08:04 Roll call, please.
09:08:05 >> CHARLIE MIRANDA: Here.
09:08:10 >>YVONNE CAPIN: Here.
09:08:12 >>HARRY COHEN: Here.
09:08:13 >>GUIDO MANISCALCO: Here.
09:08:14 >>LISA MONTELIONE: Here.
09:08:17 >>MIKE SUAREZ: Here.
09:08:18 Before we get started on our first item of business, Mr.
09:08:20 Reddick has sent a memo indicating he was not able to attend
09:08:23 today's meeting for personal reasons, and he should be up
09:08:25 and coming next week.
09:08:28 So first item of business, madam clerk, if you could, we are
09:08:31 going to look at the applicants for two of our appointed
09:08:35 boards.
09:08:49 >>SHIRLEY FOXX-KNOWLES: City Clerk. Council, we have a
09:08:53 vacancy -- as a matter of fact, three vacancies on the
09:08:57 Architectural Review Commission.
09:08:59 We have one applicant, Peter Carlin. I don't know if he's
09:09:05 here.
09:09:06 >>MIKE SUAREZ: I think he informed us that he would not make
09:09:09 it today.
09:09:11 Do I have a motion for acclimation for his nomination?
09:09:16 I have a motion by Ms. Montelione, second by Mr. Cohen.
09:09:20 All in favor?
09:09:21 Any opposed?
09:09:22 Thank you.
09:09:24 Continue.
09:09:24 >>SHIRLEY FOXX-KNOWLES: We have an applicant for the Code
09:09:29 Enforcement Board, Randy Jackson, and one position.
09:09:37 So by acclimation.
09:09:42 >>MIKE SUAREZ: Motion by Ms. Montelione.
09:09:44 Second by Mr. Maniscalco.
09:09:46 All in favor?
09:09:48 Any opposed?
09:09:49 Thank you, madam clerk.
09:09:50 Next on our agenda is the approval of the addendum to the
09:09:53 agenda.
09:09:54 And before we go forward, there were several items that have
09:09:57 been asked for continuances.
09:09:59 Item 3 has been asked for continuance to May 5th of
09:10:03 2016.
09:10:05 Can I have a motion?
09:10:09 There are several things on here I want to talk about before
09:10:11 we go forward because there are three items that are
09:10:13 important.
09:10:22 I have a motion from Mr. Cohen.
09:10:24 Second from Mr. Maniscalco.
09:10:26 All in favor of that motion please indicate by saying aye.
09:10:28 Any opposed?
09:10:29 Thank you.
09:10:30 Item number 4 has also been asked to be removed.
09:10:34 I don't know if I see anyone from staff Mr. Shelby, do you
09:10:37 have any indication of when they want to go forward an this?
09:10:40 >>MARTIN SHELBY: No.
09:10:41 I had an opportunity to speak with Councilwoman Montelione
09:10:44 who is the maker of the motion, to remove that from the
09:10:46 agenda and is going to be directing the legal department.
09:10:50 I discussed with her, having to do it by new business.
09:10:54 I might have it by then, to have it come back with direction
09:10:57 from council --
09:10:59 >>MIKE SUAREZ: We'll hold item 4 until tend of the meeting
09:11:01 then.
09:11:01 Item number 5 has been asked to be continued to May 5th.
09:11:07 I would like to have a motion for that.
09:11:09 Motion by Ms. Capin.
09:11:10 Second by Mr. Cohen.
09:11:11 All in favor of that motion please indicate by saying aye.
09:11:14 Any opposed?
09:11:15 Thank you.
09:11:18 Item 6 also has been asked to be moved to May 19th.
09:11:22 Motion by Mr. Maniscalco.
09:11:24 Second from Mr. Cohen.
09:11:25 All in favor of that motion?
09:11:28 Okay.
09:11:29 And item 11, 12 and 13, those items for members of the
09:11:33 public are items concerning the Julian B. Lane Park and the
09:11:38 amounts of moneys that we would be placing for that
09:11:40 particular park.
09:11:42 The staff, chief of staff, has asked for a continuance.
09:11:45 They do not have a date yet.
09:11:47 But I wanted to make sure we announce that before we went
09:11:50 forward before we went to public comments.
09:11:52 So we will not be hearing from the administration today on
09:11:55 that particular item.
09:11:56 They are still waiting to find out when they will bring it
09:12:00 back.
09:12:00 My guess is that either May 5th or May 28th it will
09:12:05 come back.
09:12:05 I want to announce that to the crowd.
09:12:07 And we'll wait to new business to go forward on that.
09:12:11 >> Move to continue --
09:12:14 >> I was going to wait till the end of the meeting.
09:12:16 >>HARRY COHEN: The question is, since we don't have any
09:12:18 council meeting, if someone from staff actually gets up
09:12:25 before the end of the meeting they can give us a date.
09:12:29 >>MIKE SUAREZ: That is the intention of staff.
09:12:31 We do not have them here because they will be here at some
09:12:34 other time to report on that.
09:12:36 All right.
09:12:37 And then finally, we have item number 67, which is, I
09:12:42 believe, a replacement?
09:12:49 >>THE CLERK: Ordinance for first reading.
09:12:55 >>MIKE SUAREZ: Okay.
09:12:56 We'll take it up later on.
09:12:57 Thank you.
09:12:58 Let's get back to the agenda.
09:12:59 We are working under a temporary agenda which will be
09:13:01 approved in another meeting, but next up is our public
09:13:05 comment.
09:13:06 If I could ask the public to line up.
09:13:10 You have three minutes.
09:13:11 Mr. Robinson, tell us your name and address, sir.
09:13:15 >> Joe Robinson, president and CEO, RHC and Associates,
09:13:20 Consulting Engineers, second vice president of Hillsborough
09:13:23 County NAACP, and vice chair of the West Tampa CDC.
09:13:29 I'm here to talk about Riverfront Park.
09:13:32 I'm so glad it's not on the agenda because there's a
09:13:34 problem.
09:13:34 The problem is that if you look at the overhead, using the
09:13:39 documents that are on file, it says that on this agenda item
09:13:44 request, which is not a legal document for the 31 million,
09:13:50 minority business, SLBE goal of 19.2%.
09:13:55 You see that, on the overhead?
09:14:05 >>MIKE SUAREZ: Let me stop you.
09:14:06 It has not been shown on the overhead.
09:14:11 Go ahead and continue.
09:14:12 >> So we got 19.2%.
09:14:16 This is a resolution on the overhead, again not showing.
09:14:22 In the agreement it talks about $35,497,427.
09:14:29 But when you get to article 30, where it talks about the
09:14:32 equal business opportunity program, it says there is no goal
09:14:39 listed on page 37, equal business opportunity program.
09:14:46 This is a major flaw, all resolutions that have been coming
09:14:50 before council.
09:14:59 Exhibit C talks about -- the goal has already been
09:15:03 established.
09:15:04 The meeting has already been had.
09:15:05 Why are you putting documents out that don't tell the true
09:15:09 facts?
09:15:10 Please, City Council, this is a major flaw, and every
09:15:17 management you ever approve.
09:15:20 I'm here to tell you as the NAACP and West Tampa CDC and a
09:15:26 long-time resident of West Tampa and a taxpayer now and then
09:15:32 that you need to put this goal that has been established of
09:15:35 19.2% and cancel the contract and it needs to be in this
09:15:40 agreement, and thank God that you didn't approve it today,
09:15:43 so staff will have time to have more time to put in the
09:15:46 there.
09:15:47 And that's the only reason I came today.
09:15:50 Congratulations for being elected chair regardless of all
09:15:53 that stuff going on.
09:16:00 >>MIKE SUAREZ: Thank you, Mr. Robinson.
09:16:01 Before we go forward with any comments we might have, let's
09:16:04 see if there's anyone else in the public that would like to
09:16:06 speak at this time.
09:16:07 Anyone in the public that would like to speak that is not
09:16:09 set for a public hearing later on this morning, please step
09:16:11 forward for public comment.
09:16:19 Let's address Mr. Robinson after public comment.
09:16:21 >> I'm Ed, Ed Tillou, Sulphur Springs.
09:16:52 To give you a sense of why the handout will be a little
09:16:55 different, it's the legal and then the regular size paper
09:16:57 because one of my papers seemed to disappear
09:17:00 I want to come back to this.
09:17:02 Last meeting I didn't get to it.
09:17:03 But anyway, this was my great grandfather's, a saloon
09:17:09 keeper, placed under bond for $300.
09:17:12 And I assume that was because he had lost his little seaside
09:17:18 saloon.
09:17:19 But the date here is 1869.
09:17:22 And that didn't happen until about 1880.
09:17:25 So I reflected on it and it's $300 is kind of interesting
09:17:32 because that's the amount that you paid to avoid getting
09:17:36 into the civil war.
09:17:38 And what I think happened with this fellow, New York City
09:17:43 mayor Gunther during the civil war, he probably paid the
09:17:49 $300, and the point the judge was trying to make, I think,
09:17:53 was even it was not a small amount of money.
09:17:58 In theory it was brought -- actually, it was equivalent to
09:18:02 about 70 times, so that what you have happen was -- it would
09:18:12 have been 21,000.
09:18:15 But other stuff says 9600, the official version say 9600.
09:18:23 It's the better part of a year's pay.
09:18:26 So anyway, they paid that but it might have been deny
09:18:33 grading the union Army because something made this guy very
09:18:39 angry.
09:18:40 And the point I was trying to make was I got to checking
09:18:45 this, and the Morrison estate in the Bronx totally changed.
09:18:55 This was about 1840 and they started putting cottages around
09:18:59 it and sew relative bought that cottage. Anyway, his nephew
09:19:03 got married a second time left New York, went up to Boston,
09:19:06 and left his one or two sons behind, so he told them -- I
09:19:15 didn't realize that.
09:19:15 (Bell sounds)
09:19:17 Anyway, my grandfather's son, where that comes in, he was in
09:19:26 about the -- the enlistment record shows that he was in a
09:19:31 unit that was about in the, um, main battles, one of the
09:19:39 main battles of Spotsylvania.
09:19:47 They have that in the handout. Anyway, it's being changed
09:19:50 into a half million dollars.
09:19:53 (Bell sounds)
09:19:57 268 acres.
09:19:57 It should be a national park.
09:19:59 >>MIKE SUAREZ: Thank you very much.
09:19:59 Next, please.
09:20:01 Is there anyone in the public that would like to speak,
09:20:05 please?
09:20:05 >> Derek Chamblee, Google D-E-R-E-K-C-H-A-M-B-L-E-E, St.
09:20:43 Paul. Derek Chamblee, Google D-E-R-E-K E-N-T-E-L-I-N-T-E-R,
09:20:55 entelinter.
09:20:56 I'm here to speak again about the preparation for an
09:21:04 evacuation emergency evacuation, in the event there's an
09:21:14 approaching hurricane, and I was before you several times
09:21:21 with the Hillsborough County evacuation plan, which is
09:21:26 really no plan, and we have studied it for many years.
09:21:32 As a matter of fact, it hasn't changed again for seven
09:21:35 years.
09:21:37 All of the designated shelters are schools.
09:21:43 Elementary schools, middle schools, and senior high schools,
09:21:48 and again we need to search for private buildings in the
09:21:52 private sector where people can be sheltered.
09:21:55 We have come to the conclusion that if the emergency circle,
09:22:03 the evacuation of the last minute according to their
09:22:06 brochure, 36 hours before the headwind would reach the bay
09:22:09 area, that it would be too late to evacuate the people.
09:22:13 We are going to need to find plates places to store cars.
09:22:18 We are asking that all the government parking lots be made
09:22:21 available, parking spots for people to store their cars and
09:22:26 also the private sector, the private parking garages, cars
09:22:31 will not be allowed on the road.
09:22:33 The interstates and cannot support the infrastructure,
09:22:37 cannot support the amount of traffic when there are a
09:22:41 million or 3 million people on the move.
09:22:43 It will impact in a Domino effect the entire State of
09:22:46 Florida.
09:22:46 And I made available, it's entitled Derrick citizen alert
09:22:58 Florida, state of emergency, Google D-E-R-E-K-H, one word,
09:23:09 E-N-T-E-L-I-N-T-E-R.
09:23:13 One word. Entelinter.
09:23:16 And we'll continue to update it.
09:23:21 It's more or less an instructional video.
09:23:25 We are asking that the Hillsborough County public school
09:23:29 system make it available in the classroom for the teachers,
09:23:34 really that all the government workers become familiar with
09:23:37 this map that's issued by the Hillsborough County
09:23:41 commissioners.
09:23:44 And again we are not getting much help from the state in
09:23:48 Tallahassee.
09:23:49 (Bell sounds)
09:23:51 So we are on our own.
09:23:52 Thank you very much.
09:23:56 >>MIKE SUAREZ: Thank you.
09:23:56 [Off microphone.] is there anyone in the public who wants to
09:23:59 speak before council at this time?
09:24:00 All right.
09:24:01 I see no one.
09:24:06 Comments on Mr. Robinson?
09:24:08 >>LISA MONTELIONE: Yes, thank you.
09:24:10 Mr. Robinson, just because we couldn't see what you were
09:24:13 putting on the overhead, I would like, if you can give me a
09:24:17 copy.
09:24:17 I don't know if you have any notes on it or highlights in
09:24:20 it.
09:24:20 But a long time ago, probably 2012 or 13, we asked -- I
09:24:31 don't know if I made the motion.
09:24:32 I think Mr. Suarez seconded it, for the contract to be
09:24:37 overhauled because we found the construction contract hadn't
09:24:40 been updated, the template was cross referencing paragraphs
09:24:45 that weren't there, and it was, you know, more than a dozen
09:24:49 years since the contract had been really -- the template
09:24:54 contract had been really updated.
09:24:55 So I was under the impression a lot of that was done back
09:25:02 then, and I was assured that was.
09:25:05 I was provided a copy of the contract.
09:25:07 It was okay to me.
09:25:09 So maybe something was tweaked in between then and that was
09:25:13 several years --
09:25:15 >> This is what's happened.
09:25:16 You are talking about hard bid contract.
09:25:18 This is the construction management agreement.
09:25:20 That's the difference.
09:25:24 I can give you my document.
09:25:31 >>MIKE SUAREZ: [Off microphone.]
09:25:33 >>LISA MONTELIONE: Yes, now that I have clarified with Mr.
09:25:37 Robinson what seems to be the issue.
09:25:42 >>MIKE SUAREZ: You can make it whenever you want.
09:25:43 >>LISA MONTELIONE: I'll do it now.
09:25:44 I would like to have the contract administration department
09:25:46 come back with a staff report.
09:25:49 And if you would, May 19th?
09:25:54 May 5th looks like it's busy with all the continuances
09:25:58 from today.
09:25:59 May 19th.
09:26:02 >>MIKE SUAREZ: [Off microphone.] May 19th.
09:26:05 >>LISA MONTELIONE: For the templates of the management
09:26:07 agreement and the provision of the MBE and SLBE percentage
09:26:14 participation.
09:26:15 >>FRANK REDDICK: Motion by Ms. Montelione.
09:26:17 Second?
09:26:19 Second by Mrs. Capin.
09:26:21 All in favor?
09:26:22 Any opposed?
09:26:23 Thank you.
09:26:23 >>LISA MONTELIONE: Thank you for bringing that to us, Mr.
09:26:27 Robinson.
09:26:29 >>MIKE SUAREZ: Next up is a request by the public for any
09:26:31 consideration.
09:26:35 Anyone to talk about legislative matters? I see no one
09:26:38 Next up are our committee reports, our consent agenda.
09:26:45 First up would be Mr. Miranda, public safety, sir.
09:26:51 Miranda move items 18 through 24.
09:26:56 >>MIKE SUAREZ: Second by Mr. Cohen.
09:26:57 All in favor of that motion?
09:26:59 Any opposed?
09:27:00 Thank you.
09:27:01 Next up is Mr. Maniscalco.
09:27:03 He's not in the room right now.
09:27:06 Parks, Recreation, Culture Committee, for Mr. Maniscalco.
09:27:11 >>LISA MONTELIONE: I move items 25 through 35.
09:27:14 >>CHARLIE MIRANDA: Second.
09:27:17 >>MIKE SUAREZ: [Off microphone.] motion by Ms. Montelione.
09:27:20 Second by Mr. Cohen.
09:27:21 All in favor?
09:27:23 Any opposed?
09:27:23 Thank you.
09:27:25 Next up is public works.
09:27:31 Will you take that?
09:27:33 >>YVONNE CAPIN: Yes, I move items 36 through 38.
09:27:36 >>CHARLIE MIRANDA: Second.
09:27:38 >>MIKE SUAREZ: Motion by Ms. Capin.
09:27:40 Second by Mr. Miranda.
09:27:41 All in favor of that motion?
09:27:43 Any opposed?
09:27:44 Thank you.
09:27:44 Finance Committee.
09:27:45 >> [Off microphone.]
09:27:54 >>CHARLIE MIRANDA: Second.
09:27:56 >>MIKE SUAREZ: Motion by Mr. Cohen.
09:27:58 Second by Mr. Miranda.
09:28:00 All in favor? Any opposed?
09:28:02 Next up is building zoning.
09:28:04 >>LISA MONTELIONE: I move items 43 through 56.
09:28:07 >> Second.
09:28:11 >>MIKE SUAREZ: I have a motion by Mrs. Ms. Montelione.
09:28:13 Second by Mr. Cohen.
09:28:14 All in favor of that motion please indicate by saying aye.
09:28:16 Any opposed?
09:28:17 Thank you.
09:28:18 Next up is our transportation committee chair, Ms. Yvonne
09:28:22 Yolie Capin.
09:28:24 >>YVONNE CAPIN: That's right.
09:28:26 >>MIKE SUAREZ: I got it right.
09:28:28 >>YVONNE CAPIN: Yes, you did.
09:28:28 I move items 57 and 58.
09:28:30 >> Second.
09:28:32 >>MIKE SUAREZ: Motion by Ms. Capin.
09:28:33 Second by Mr. Cohen.
09:28:34 All in favor?
09:28:36 Any opposed?
09:28:37 Thank you.
09:28:38 Next up, we have our public hearing set for second reading.
09:28:44 I do not think we are at our second reading time.
09:28:49 I have got 9:28 a.m., and this is being at 9:30.
09:28:53 If I could ask that we go back to item number 7.
09:28:59 And before we do that, Mr. Cohen, I think, had a comment
09:29:02 that you want to make?
09:29:03 >>HARRY COHEN: Not that the point.
09:29:07 >>MIKE SUAREZ: Item number 7.
09:29:08 Is there anyone from staff for item number 7 about city
09:29:12 facilities?
09:29:13 No one here from staff on item number 7.
09:29:23 I did tell them that the order had changed so not sure
09:29:26 what's going on with that.
09:29:27 >>HARRY COHEN: We can do items 16 and 17 on first reading.
09:29:36 >>MIKE SUAREZ: Mr. Cohen?
09:29:38 >>HARRY COHEN: I am move an honest for first reading
09:29:41 consideration.
09:29:43 Excuse me.
09:29:44 I move a substitute ordinance being presented for first
09:29:49 reading consideration, an ordinance of the city of Tampa,
09:29:52 Florida amending City of Tampa code of ordinances, chapter
09:29:55 21, division 1, general provisions, administrative
09:29:58 authority, definitions, section 21-4, definitions, amending
09:30:03 article IV, creation of stormwater utility, imposition of
09:30:08 collection of stormwater charges, amending section 21-123,
09:30:12 mitigation credit, providing for severability, providing for
09:30:15 repeal of all ordinances in conflict, providing an effective
09:30:17 date.
09:30:17 >> Second.
09:30:19 >>MIKE SUAREZ: Motion by Mr. Cohen.
09:30:21 Yes, sir.
09:30:21 >>CHARLIE MIRANDA: I want to further discuss that because I
09:30:23 know there's a lot of words in there.
09:30:25 I would like to know more about it so the public understands
09:30:28 what we just did.
09:30:30 >>MIKE SUAREZ: Okay.
09:30:30 Would you like to continue the discussion?
09:30:32 Do you want staff to be here?
09:30:34 >>CHARLIE MIRANDA: I would like to have staff at least say
09:30:37 what it's all about and how the credits are given out, and
09:30:40 if there's any mitigation credits, who is going to pay for
09:30:43 them, how is that handled.
09:30:47 >>MIKE SUAREZ: Is there anyone from staff, other than our
09:30:50 lawyers, who I am not going to call up here to talk about
09:30:55 these items.
09:30:56 Ms. McLean.
09:31:04 Catch your breath.
09:31:09 >>JAN MCLEAN: Jan McLean, city attorney's office.
09:31:12 I'm here for any questions on the first reading.
09:31:14 I do want to report that we did meet with one member of the
09:31:18 public, went over the proposed revisions that are on your
09:31:23 agenda at the last council meeting, and that's why you have
09:31:26 a substitute ordinance in front of you.
09:31:28 Ms. Grimes, who represents a couple of property owners, said
09:31:37 to tell you that she is in accordance with the changes you
09:31:40 have in front of you.
09:31:44 Miranda Mr. Chairman, let me ask this.
09:31:46 First of all, as I read this, it's 250 -- I say $260
09:31:52 million.
09:31:53 251.9.
09:31:59 Does that fix the problem 100%?
09:32:02 >>JAN MCLEAN: What you have in front of you today is only
09:32:03 the revision to the ordinance on the mitigation policy.
09:32:07 We are not bringing back the improvements -- the
09:32:12 improvements that you have in front of you is just the cost
09:32:15 changes Miranda let me go to mitigation credits.
09:32:19 As I read it for a homeowner or anyone to apply for
09:32:23 mitigation, you first have to hire an engineer.
09:32:27 >>JAN MCLEAN: No, sir.
09:32:27 >>CHARLIE MIRANDA: Section 21 section 123, as-built
09:32:38 drawings for the mitigation by Florida registered profession
09:32:41 or engineer or certified from the Florida registered
09:32:44 professional engineer.
09:32:46 >>JAN MCLEAN: Correct.
09:32:47 That is our preferred methodology, but we actually requested
09:32:50 by Ms. Grimes to put in there, but on line 30 it says, or if
09:32:54 these documents are not available, then other such
09:32:57 documentation deemed to be sufficient to demonstrate, and it
09:33:01 goes on.
09:33:02 So you don't necessarily need it.
09:33:03 >>CHARLIE MIRANDA: I'm glad you said that because that
09:33:06 concerns me.
09:33:06 It doesn't specifically say what those other documents are.
09:33:11 So you can come and bring in something and say, I'm sorry,
09:33:14 that's not one of those "other documents" because that's not
09:33:18 specifically addressed.
09:33:19 So therefore we are back to number 1.
09:33:21 I assume, not that this government would do that, but I'm
09:33:25 sure some governments would do that, not you, not I, but
09:33:28 some other government in the future, after we finish this
09:33:31 four years, could say, that's not what it says, it says
09:33:34 "other."
09:33:36 Other is not us.
09:33:37 That's somebody else.
09:33:42 >>JAN MCLEAN: So the discussion that was had was to allow
09:33:45 for flexibility for folks that coming in seeking the
09:33:50 mitigation credits.
09:33:52 If they don't have the first documentation, if they don't
09:33:55 have something by PE or registered professional, they can
09:33:59 gather what they have and submit it to the city, so we could
09:34:02 identify what it is they can submit to us.
09:34:05 If we created a list, there's always the concern that
09:34:09 something would be left off the list.
09:34:10 And so you would come in, and that flexibility we are
09:34:14 allowing the public.
09:34:15 >>CHARLIE MIRANDA: And I really appreciate your effort.
09:34:19 I really appreciate everything.
09:34:20 But to me, first of all, the paper, the thing is what has
09:34:29 been different for many years and now it's the same in a
09:34:32 short period of time.
09:34:34 The newspapers.
09:34:39 Before the Tribune it was called the times.
09:34:43 So going that way, the mayor of Houston, Texas, no matter
09:34:49 what we would have done, stormwater drainage problems, it
09:34:56 would have never been sufficient for the 13, 14, or 8 or 9
09:35:00 inches that they got compounded in a short period of time.
09:35:03 That's exactly what's going to happen here -- and I hope it
09:35:07 never happens, but fountain happens, not only are we
09:35:09 spending 200 some odd million, which is we are not telling
09:35:15 the public the truth.
09:35:16 All of the facts are factual.
09:35:18 The reality of it is not the correct number.
09:35:21 The correct number is more than half a billion dollars.
09:35:26 Are we still paying someone else to collect the fees?
09:35:29 >> I just want to clarify from your statement.
09:35:36 Council rejected the capital improvement assessment.
09:35:39 And so the $251 million is not in front of you.
09:35:44 >>CHARLIE MIRANDA: I understand the process.
09:35:45 I know what's in front of me.
09:35:47 But I also know a long period of time that if this is
09:35:51 here -- in other words, it's going to be presented very
09:35:56 shortly.
09:35:57 So I want to talk about the whole package because it's
09:36:00 coming.
09:36:01 If not, this wouldn't be here.
09:36:04 The half mitigation credit, if there's no credit to be given
09:36:08 because there's no ordinance.
09:36:11 >>JAN MCLEAN: This also is applicable to the assessment and
09:36:14 has been actually implemented all throughout the years since
09:36:18 2003 for the service assessment, at the direction of council
09:36:21 in November at the time the improvement assessment was
09:36:27 rejected there was a motion to staff to bring this back.
09:36:32 >>CHARLIE MIRANDA: This is for the PODs, for the ditches.
09:36:36 >>JAN MCLEAN: It is for those properties under the service
09:36:38 assessment that would be paying those charges.
09:36:41 >>CHARLIE MIRANDA: Only for the PODs.
09:36:46 >>JAN MCLEAN: It's for any property --
09:36:47 >>CHARLIE MIRANDA: I understand that.
09:36:50 >>JAN MCLEAN: So part of the property might not have --
09:36:55 >>CHARLIE MIRANDA: The only part that passed was the
09:36:57 PODs, for all services in both areas, that we ourselves
09:37:01 did not maintain for a long period of time.
09:37:04 >>JAN MCLEAN: That's correct.
09:37:05 >>CHARLIE MIRANDA: I am not afraid to say we didn't do it.
09:37:08 That's why we had -- not that the problem would have gone
09:37:11 away, but it could have been minimized to some degree.
09:37:15 And it wasn't because we failed.
09:37:20 >>JAN MCLEAN: That aside the mitigation policy is
09:37:23 applicable --
09:37:24 >>CHARLIE MIRANDA: Just for the P OD F.the answer is yes,
09:37:28 then we'll vote for it.
09:37:30 If the answer is no then I know the dragon is coming because
09:37:33 the heat is here.
09:37:36 >>JAN MCLEAN: This is for the service assessment.
09:37:39 >>CHARLIE MIRANDA: That we passed only?
09:37:42 >>JAN MCLEAN: Correct.
09:37:43 >>CHARLIE MIRANDA: I have no problem with that.
09:37:46 >>MIKE SUAREZ: Ms. Montelione, you had comments or
09:37:48 questions?
09:37:50 I thought we were going to let her go first.
09:37:52 I apologize, Ms. Capin.
09:37:55 >>YVONNE CAPIN: Don't apologize, it's quite all right.
09:37:57 Again I understand it.
09:37:58 And thank you for that clarification.
09:38:00 It whats very important to me.
09:38:01 Also, this part here, I understand you said that if we did a
09:38:05 list and then there's not a list -- one of the issues,
09:38:11 documentation deemed sufficient.
09:38:13 Who deems it sufficient?
09:38:17 >>JAN MCLEAN: The city.
09:38:19 >>YVONNE CAPIN: The city?
09:38:20 >>JAN MCLEAN: I didn't mean to interrupt.
09:38:22 I'm sorry.
09:38:23 >>YVONNE CAPIN: No, I asked, and you said the city.
09:38:29 I did call before walking into our building, permitting,
09:38:40 regular Joes, and they can't understand, they don't
09:38:45 understand, it's not explained.
09:38:48 They want to know exactly what is required of them when they
09:38:51 walk in so they can get those documents, because what I'm
09:38:55 told, we have jobs to do and we cannot be running around
09:38:59 looking for documents that they didn't give us a list, at
09:39:03 least a primary list.
09:39:05 And you could give -- you know what could be done is do a
09:39:10 list, and then other documents may be, and if they say, here
09:39:17 is the list, bring whatever you got.
09:39:19 But the public wants to know what is expected of them when
09:39:22 they come into our facilities here to get a permit for
09:39:27 whatever it is that they need.
09:39:30 That is an issue.
09:39:33 That's something that's brought up all the time, because I
09:39:36 have to go back and get this.
09:39:38 It wasn't clear what I needed in the first place.
09:39:43 So when that part there, I think you can make a list.
09:39:47 And at the bottom of the list, the item number 20, and the
09:39:54 documentation that may be deemed sufficient, and it could be
09:39:58 just bring in whatever you have got.
09:39:59 But at least give them some basis for what they need to come
09:40:04 in with in the first place.
09:40:07 I think that's really important to clarify it. Anyway,
09:40:12 that's the one thing.
09:40:14 I want to make a motion about the stormwater, the flooding
09:40:19 later on.
09:40:21 Thank you very much.
09:40:23 >>JAN MCLEAN: If I could, on line 32, maybe it's the order
09:40:27 of the language, but when we say on 31, other such
09:40:32 documentation deemed to be sufficient, 32, we identify what
09:40:37 it needs to be sufficient to do, which is to demonstrate
09:40:40 that the mitigation facilities are operational and provide
09:40:43 relief from all or portion of the burden on the city system.
09:40:47 In other words, especially in the nonresidential, the
09:40:50 commercial, this is going to be something that's going to be
09:40:53 at a higher level of an engineering or registered
09:40:56 professional.
09:40:57 They understand that they have facilities like a pond or
09:41:00 outfall structure on there that either retains or detains
09:41:03 water on the property in order to address the treatment.
09:41:07 That would normally get you 10%. If they keep all of the
09:41:10 water on their own property, they don't burden the city
09:41:13 system, they get 100%. So the description of the
09:41:15 operational and provides relief is supposed to identify so
09:41:22 that folks on this list, what documents to bring in.
09:41:27 Now, for the residential property owners, we left that
09:41:32 totally flexible because that is much more basic to
09:41:35 identify --
09:41:38 >>YVONNE CAPIN: Engineers know exactly what they need to do.
09:41:41 The homeowner -- you know, they may buy one home in their
09:41:46 entire life.
09:41:47 It's the biggest purchase.
09:41:54 >>JAN MCLEAN: So if I C include --
09:41:59 >>YVONNE CAPIN: I had a former attorney here in Tampa who is
09:42:01 an attorney for Moffitt Cancer Center and came up to me at a
09:42:04 meeting and his eyes were this wide open and says, you know,
09:42:07 I'm doing an addition to my house, and it was -- I was
09:42:14 stunned.
09:42:15 I was stunned because the idea of coming in for that process
09:42:23 was not -- was not one that seemed to be --
09:42:34 >> Logical?
09:42:36 >>YVONNE CAPIN: -- logical and comfortable.
09:42:37 And we really need to make the public, the engineers, the
09:42:43 businesses.
09:42:45 It's very important to our city that the residents, the
09:42:52 non-professionals, it really is important for them to know.
09:42:56 And that's what they ask.
09:43:00 Let us know what you need and at least we don't have to make
09:43:03 a second or third trip.
09:43:05 >>JAN MCLEAN: So on line 34, especially for the residential
09:43:07 property owners and homeowners associations, the direction
09:43:11 would be to include examples, such as -- and I can make sure
09:43:17 that I get the documentation titled.
09:43:20 And it would not be a finite list, and would allow for the
09:43:24 flexibility.
09:43:27 >>YVONNE CAPIN: That's why you are the attorney.
09:43:30 (Laughter)
09:43:33 And to give an example, yes.
09:43:36 >>MIKE SUAREZ: Okay.
09:43:36 Are you done, Ms. Capin?
09:43:38 >>YVONNE CAPIN: Yes, I am.
09:43:40 >>MIKE SUAREZ: Ms. Montelione.
09:43:40 >>LISA MONTELIONE: Thank you.
09:43:41 So I agree and disagree with my colleagues.
09:43:44 I agree that it is very arduous for anyone to figure out if
09:43:49 you are not a construction professional or a permitting
09:43:51 professional or in the industry to know, but we do
09:43:57 construction services provides forms that say when you are
09:44:01 submitting your application or you are submitting for a
09:44:03 permit you need to bring these documents with you.
09:44:05 And then you go down the checklist.
09:44:08 And you gather all your documents together.
09:44:11 But actually the form is another thing and sometimes on the
09:44:19 website it is hard to find.
09:44:21 But, you know, having been an intake planner with
09:44:29 Hillsborough County I can tell you that people come in.
09:44:31 They sometimes have not done their homework before they
09:44:33 relied on what other people have said and told them to do.
09:44:36 And they come in because they haven't done the research
09:44:41 themselves or they don't understand, which is why we have
09:44:47 counselors in construction to guide them through the
09:44:51 process.
09:44:51 Sometimes it can be very frustrating.
09:44:54 And it is the biggest asset a lot of people have, or
09:44:56 sometimes the only asset they have, and it's a very
09:45:00 emotional process
09:45:02 But I do agree that we can provide some skeletal kind of
09:45:06 list.
09:45:07 So, you know, people who have never had to apply for any
09:45:13 kind of permit before, or make an application to the city
09:45:16 for anything other than maybe to get their water and utility
09:45:20 service, have an idea of what it is.
09:45:25 It could be, you know, the survey from, you know, when you
09:45:28 closed on a house, your original survey, some of the
09:45:32 documents may be from the property appraiser's office or
09:45:35 available to the clerk's office, or just some kind of, you
09:45:38 know, the sentence, this is -- included but not limited to
09:45:47 X-Y-Z.
09:45:51 >> Such as.
09:45:52 >>LISA MONTELIONE: Right.
09:45:55 I think that's a good point. And to Mr. Miranda's point,
09:45:58 mother nature brings us all kind of things, and sometimes
09:46:03 it's very unexpected times, and will never ever be 100%
09:46:11 prepared or ready for what the weather brings.
09:46:15 So there's no such thing as we will never, ever, ever have
09:46:19 flooding or stormwater issues in the city, in the county, or
09:46:24 in the state, that you can't get to that 100% guarantee that
09:46:31 we are not going to have floods.
09:46:33 We have freak storms.
09:46:35 We have storms that are getting more and Moore devastating
09:46:41 because of climate change.
09:46:43 We are ill prepared because up till now he would haven't
09:46:48 really addressed the existing problems we have, let alone
09:46:52 the increased demands on our stormwater system from the
09:46:58 storms that are coming, at times when we don't expect them
09:47:02 because it's becoming unpredictable, and this is an El Nino
09:47:07 year so we have all -- he would should be prepared for the
09:47:09 unexpected.
09:47:13 And we have to start somewhere.
09:47:15 And these mitigation credit service we already have in
09:47:19 place.
09:47:20 And it's a vast improvement over what we already have in
09:47:23 place.
09:47:23 So I would like to see us move forward, get this done, get
09:47:27 it on the books, and start dealing with the problems that we
09:47:32 anticipate having over the next 20, 50, 70, 100 years,
09:47:36 because we have to do it now.
09:47:39 Thank you.
09:47:41 That's my preaching.
09:47:43 >>MIKE SUAREZ: Thank you very much, preacher.
09:47:45 Before I go to Mr. Miranda, Cohen, did you want a second
09:47:52 round?
09:47:53 Mr. Miranda.
09:47:53 >>CHARLIE MIRANDA: And I don't want anything.
09:47:57 I just want it done as perfect as possible.
09:47:59 Sometimes nothing -- nothing is pest.
09:48:03 Sometimes not even myself.
09:48:04 When I read this here, this number of pages here, nowhere,
09:48:07 even though nowhere does it address POD, ponds, outfalls and
09:48:22 ditches.
09:48:24 It doesn't say specifically ponds, outfalls and ditches.
09:48:29 Because now I don't know what it's for, when we talk about a
09:48:32 basin, stormwater capital improvement projects, which they
09:48:34 are, but that means that in general that's all of it, and I
09:48:39 want to be more specific and more narrow if I am charging
09:48:43 somebody an average of $93 -- that's what it came up to, I
09:48:47 believe, if I remember the conversation we had -- so that
09:48:51 everybody understands what they are paying for.
09:48:53 And that's the only thing that I wanted to get on here,
09:48:56 because it's not there.
09:48:57 And maybe between first and second reading you would commit
09:49:00 that that would be there, that this is specifically for
09:49:04 ponds, outfalls and ditches.
09:49:10 >>JAN MCLEAN: This mitigation policy credit section in the
09:49:12 ordinance is set up to apply to the stormwater service
09:49:16 assessment, and if we were to ever have an improvement
09:49:20 assessment, both of them, you have two subsections under
09:49:25 your stormwater utility, one for service, which we enacted
09:49:29 and have implemented since 2003, and that's the rate that
09:49:33 was just increased.
09:49:34 And another subsection which authorizes us to add the
09:49:38 improvement assessment, which we put forward, and we don't
09:49:41 have at this point.
09:49:42 The credit policy is applicable to both.
09:49:46 So if we would do, as you request, to narrow it to ponds,
09:49:52 fought falls and ditches, in the service assessment, it
09:49:55 would then not be applicant football there was ever an
09:49:58 improvement assessment.
09:49:59 So at this point in time my recommendation to you would be
09:50:01 to leave it applicable to both.
09:50:06 Miranda that's half right and half wrong.
09:50:08 We did not pass the stormwater improvement system which
09:50:11 failed 4-3 or whatever it was.
09:50:13 But we did pass the ponds, outfalls and ditches.
09:50:17 At that time this was not addressed.
09:50:19 It addresses all, even though one did not pass.
09:50:24 >>JAN MCLEAN: Correct.
09:50:24 >>CHARLIE MIRANDA: So why am I passing something on
09:50:27 something that wasn't passed?
09:50:29 >>JAN MCLEAN: Because it's applicable to your service
09:50:31 assessment.
09:50:31 The service assessment which you are identifying is ponds,
09:50:35 outfalls and ditches, but it's really all the service that
09:50:37 is done under that assessment.
09:50:39 Ponds, outfalls and ditches is --
09:50:45 >>CHARLIE MIRANDA: I have a hard time understanding it even
09:50:47 though I am not a lawyer.
09:50:48 Maybe that's why I don't understand it, why we are passing
09:50:51 something for everything when one wasn't passed.
09:50:55 >>JAN MCLEAN: Let me go back a little bit.
09:50:57 The mitigation credit policy has been in existence since you
09:51:00 established your stormwater utility in 2003.
09:51:03 In the format that you see underlined.
09:51:08 During the course of the assessment proposed increases in
09:51:11 the fall in the last year, it was identifying public
09:51:16 comments that the mitigation credit policy was difficult to
09:51:19 follow.
09:51:20 We had a couple of poem only that came in and said, I don't
09:51:23 understand what I'm supposed to do and what I am supposed to
09:51:26 do it.
09:51:27 I have got a client, and I need to be able to apply to
09:51:30 receive the credits.
09:51:32 Even under the existing service assessment.
09:51:35 So the motion in November to staff was would you please
09:51:38 clarify the process?
09:51:40 Because those going to continue for the service assessment
09:51:43 and any potential improvement assessment that may occur in
09:51:47 the future, because that's the way it's set up in your
09:51:49 ordinance.
09:51:51 So if we do as you suggest, Mr. Miranda, where we just apply
09:51:55 it to ponds, outfalls and ditches, then we have we would
09:51:59 have to come back in front of you in the event that anybody
09:52:02 was going to consider any other kind of capital improvement
09:52:04 assessment.
09:52:06 >>CHARLIE MIRANDA: And I have no problem with.
09:52:08 That I do have a problem with passing something that doesn't
09:52:10 relate to anything because it wasn't passed.
09:52:13 >>JAN MCLEAN: But it relates to your service assessment.
09:52:15 >>CHARLIE MIRANDA: I understand it relates to the service
09:52:17 assessment.
09:52:18 >>SAL TERRITO: She can handle herself.
09:52:25 Sal Territo, legal department. This is simply an amendment
09:52:28 to what you already have.
09:52:29 Nothing changes except for the plan specifications of what
09:52:33 you need to bring in.
09:52:34 What you are dealing with here is what everybody deals with
09:52:36 here.
09:52:36 They are asking for an exception to what exists.
09:52:38 How you meet that exception, this tells you how you meet it.
09:52:41 This is not a new provision except to clarify what you
09:52:45 already passed.
09:52:48 >>CHARLIE MIRANDA: So what we are saying, we already have a
09:52:50 law on the books that is quasi understandable, and along
09:52:55 with the POD, and now what we are doing is setting a
09:52:59 standard for those individuals who wish to apply for
09:53:01 mitigation credit and how to do it.
09:53:05 >>JAN MCLEAN: Right we are just clarifying what is already
09:53:11 in existence.
09:53:12 In the fact, we have awarded mitigation credits --
09:53:16 >>CHARLIE MIRANDA: I understand.
09:53:18 >>JAN MCLEAN: -- since 2003.
09:53:20 >>MIKE SUAREZ: Any other comments or questions by members?
09:53:24 Ms. Capin.
09:53:26 >>YVONNE CAPIN: We are now clarifying what you are
09:53:28 clarifying.
09:53:30 >>JAN MCLEAN: Yes.
09:53:31 >>MIKE SUAREZ: Before we go forward, I have a couple of
09:53:33 comments.
09:53:33 I was one of the folks that was pushing for a more clarified
09:53:37 mitigation credit description.
09:53:38 And as I understand the way that we are supposed to deal
09:53:42 with codes and codifying certain aspects, we don't have to
09:53:47 do every single part of it to codify it.
09:53:50 Administration, any administration, this one, next one or
09:53:53 anyone else, will have to determine those rules.
09:53:56 And I would like to have it a little broader as you have it
09:53:58 now so that those new products, those now standards, those
09:54:03 new building codes, that meet and actually exceed what we
09:54:07 want in terms of mitigating flowed waterers and stormwater,
09:54:11 can be used to then get mitigation credits.
09:54:14 Because the idea in my mind for mitigation credits is to
09:54:17 make sure that we leave the stormwater system in a little
09:54:22 bit better place than it is.
09:54:24 We don't want people to continue to build at the same
09:54:26 rate'-excuse me, not the same rate, but the same materials,
09:54:29 and even find those materials that are more pervious so that
09:54:33 it does not put a strain on our stormwater system.
09:54:36 This will help do that because now when the rules come in,
09:54:39 if there's new products that are being developed, that's
09:54:42 going to allow us to have some newer mitigation corrects
09:54:46 they can apply for it based on that.
09:54:48 And in fact at some point we are probably going to have to
09:54:52 change this to give more credits if people are doing more to
09:54:56 not be a burden on the stormwater system.
09:54:58 That's my preaching for today.
09:55:00 So Ms. Capin, did you have one other comment?
09:55:04 >>YVONNE CAPIN: Yes.
09:55:04 So we are going to look at that addition to this?
09:55:09 The included but not limited?
09:55:14 Because it's not limiting.
09:55:16 It leaves it open.
09:55:21 >>JAN MCLEAN: So both classes, both the commercial
09:55:27 nonresidential and for the residential to include some
09:55:29 examples with the process, including but not limited, to but
09:55:33 would give some direction as to what we are looking for.
09:55:37 >>YVONNE CAPIN: Thank you.
09:55:37 That would be very helpful.
09:55:41 >>MIKE SUAREZ: We already have a motion from Mr. Cohen.
09:55:43 I believe Ms. Montelione was the second on the motion.
09:55:45 This is discussion as part of that motion.
09:55:47 Is there any another's comment, concerns, or questions to
09:55:51 our staff before we go forward with that?
09:55:54 Okay.
09:55:54 All in favor of the motion by Mr. Cohen to pass number 16
09:55:59 under first reading, all in favor please indicate by saying
09:56:02 aye.
09:56:03 Any opposed?
09:56:05 Thank you, Ms. McLean.
09:56:06 We appreciate it.
09:56:07 Let's go to item number 17 which is also an ordinance being
09:56:12 presented for first reading consideration.
09:56:13 Is there anyone from staff to talk about that?
09:56:16 It deals with ordinances under chapter 27.
09:56:18 >>REBECCA KERT: Legal department.
09:56:20 This is a clarification to the provision of your code
09:56:25 relating to when somebody files a request, currently states
09:56:29 the city will not issue any permits while that review period
09:56:33 is pending.
09:56:34 There was a question about whether or not we can still do
09:56:36 the state sign-off which put us in a very awkward position.
09:56:40 We believe it's already covered, but just to clarify that we
09:56:42 are adding that there will also be no sign-off based on that
09:56:46 underlying permit.
09:56:48 >>MIKE SUAREZ: Terrific.
09:56:49 Any questions of staff on this item?
09:56:52 Mr. Maniscalco, will you take number 17, please?
09:56:55 >>GUIDO MANISCALCO: I have an ordinance being presented for
09:56:58 first reading consideration, an ordinance of the city of
09:57:01 Tampa, Florida relating to stay pending application for
09:57:04 review, making revisions to the City of Tampa code of
09:57:07 ordinances, chapter 27, zoning and land development,
09:57:10 amending section 27-61 review, repealing all ordinances or
09:57:15 parts of ordinances in conflicts therewith, providing for
09:57:19 severability, providing an effective date.
09:57:19 >> Second.
09:57:22 >>MIKE SUAREZ: Motion by Mr. Maniscalco.
09:57:24 Second by Mrs. Montelione.
09:57:26 All in favor?
09:57:27 Any opposed?
09:57:29 >>THE CLERK: Mr. Chair, on numbers 16 and number 17, second
09:57:33 reading and adoption will be on May 5th.
09:57:37 2016.
09:57:41 >>MIKE SUAREZ: Thank you.
09:57:41 We have public hearings set for 9:30 a.m.
09:57:44 I am going to go to that.
09:57:45 The staff was into getting here so staff will have to sit
09:57:48 around for a couple of minutes
09:57:49 We are on items number 59 through 61 are non-quasi-judicial.
09:57:54 Number 59, is there anyone here to speak on item number 59?
09:58:03 >>HARRY COHEN: Move to open the public hearings.
09:58:06 >>MIKE SUAREZ: Motion by Mr. Cohen.
09:58:07 >> Number 59 through 69 --
09:58:15 >>MIKE SUAREZ: I don't think we can open all of those.
09:58:18 Only up to 65.
09:58:19 Motion by Mr. Cohen.
09:58:20 Second by Mrs. Montelione.
09:58:21 All in favor?
09:58:23 Any opposed?
09:58:25 Great.
09:58:25 Item number 59.
09:58:26 At.
09:58:34 Who are is here from staff?
09:58:36 Mr. Snelling.
09:58:38 >>THOM SNELLING: Planning and development.
09:58:39 This is the second reading for the renaming of the small
09:58:42 portion of the --
09:58:55 >>MIKE SUAREZ: Mr. Snelling, we are having technical
09:58:57 difficulties today.
09:58:58 It worked a few minutes ago.
09:58:59 And now it is not working.
09:59:02 They are not showing any individuals either.
09:59:05 It must be someone asleep or no one in the back room there.
09:59:09 We'll see.
09:59:10 Mr. Snelling.
09:59:12 >>THOM SNELLING: Renamed to Eddie newkirk way.
09:59:19 And portion of the renaming of that, typically when streets
09:59:23 align like this, you don't like but this street has a dog
09:59:28 leg so it has a very clear delineation.
09:59:30 It's a small two-block section.
09:59:32 There were 19 property owners.
09:59:34 All 19 agree, actually the church itself.
09:59:39 They have done a survey there.
09:59:40 Were no objections to this.
09:59:42 And the cost for the five or six street signs are going to
09:59:46 be borne by the church itself.
09:59:49 >>MIKE SUAREZ: Thank you.
09:59:49 Any questions of staff?
09:59:51 No questions.
09:59:52 Ms. Montelione, will you take item number 59?
09:59:56 Excuse me, let me go to the public first.
09:59:58 Anyone who would like to comment on item 59.
10:00:01 59.
10:00:02 I see no one.
10:00:02 >> Move to close.
10:00:06 >>MIKE SUAREZ: Motion by Mr. Cohen.
10:00:07 Second by Ms. Montelione.
10:00:09 All in favor?
10:00:10 Any opposed?
10:00:11 Thank you.
10:00:11 Ms. Montelione.
10:00:12 >>LISA MONTELIONE: I move an ordinance being presented for
10:00:15 second reading and adoption, an ordinance by the City of
10:00:17 Tampa renaming and designating that portion of the east
10:00:22 25th Avenue lying east of 34th street, south of east
10:00:26 26th Avenue, west of the CSX railroad and north of east
10:00:32 24th Avenue within the City of Tampa, Hillsborough
10:00:33 County Florida so it will hereinafter be known as Bishop
10:00:39 Eddie Newkirk way, providing an effective date.
10:00:43 >>MIKE SUAREZ: Second by Mr. Maniscalco.
10:00:45 Voice vote please.
10:00:45 >>CHARLIE MIRANDA: Yes.
10:00:52 >>YVONNE CAPIN: Yes.
10:00:53 >>MIKE SUAREZ: Yes.
10:00:54 >>HARRY COHEN: Yes.
10:00:55 >>GUIDO MANISCALCO: Yes.
10:00:57 >>LISA MONTELIONE: Yes.
10:00:57 >>THE CLERK: Motion carried with Reddick being absent.
10:01:08 >>MIKE SUAREZ: Anyone from staff to talk about item number
10:01:10 60?
10:01:10 60?
10:01:15 Mr. Snelling, if you can hear me, I think this is under your
10:01:20 purview, also.
10:01:21 Why don't we skip over to item number 61 since staff doesn't
10:01:24 seem to know what's going on today.
10:01:31 61. Tampa comprehensive plan.
10:01:33 >>LaCHONE DOCK: Planning and Development.
10:01:35 This is PA15-09 and is before you for second reading.
10:01:42 >>MIKE SUAREZ: Any questions of staff on this item?
10:01:43 >> Move to close.
10:01:46 >>MIKE SUAREZ: Anybody in the public that would like to
10:01:47 comment on item number 61.
10:01:49 61.
10:01:51 I see no one.
10:01:52 I have a motion to close from Mrs. Montelione.
10:01:54 Second by Mr. Cohen.
10:01:55 All in favor of that motion please indicate by saying aye.
10:01:58 Any opposed?
10:01:59 Mr. Miranda, will you take number 61, please?
10:02:01 >>CHARLIE MIRANDA: I present an ordinance file PA 15-09 for
10:02:08 second reading and adoption, an ordinance amending the Tampa
10:02:11 comprehensive plan, future land use map for property
10:02:13 generally located at 8440 North Florida Avenue from
10:02:16 residential 20 to community commercial 35 CC, providing for
10:02:22 repeal of all ordinances in conflict, providing for
10:02:25 severability, providing an effective date.
10:02:26 >> Second.
10:02:27 >>MIKE SUAREZ: I have a motion by Mr. Miranda.
10:02:29 Second by Mr. Maniscalco.
10:02:31 Voice vote please.
10:02:32 >>CHARLIE MIRANDA: Yes.
10:02:34 >>YVONNE CAPIN: Yes.
10:02:35 >>MIKE SUAREZ: Yes.
10:02:37 >>HARRY COHEN: Yes.
10:02:38 >>GUIDO MANISCALCO: Yes
10:02:40 Motion carried with Reddick and Montelione being absent.
10:02:48 >>MIKE SUAREZ: Mr. 60.
10:02:49 Mr. Snelling, I assume you can take that.
10:02:52 >>THOM SNELLING: Yes, sir.
10:02:52 I have the substitute ordinance come in. It consolidates a
10:02:56 lot of the bonus density issues and some of the overlay
10:02:59 issues.
10:03:00 And transfer development rights, into single sections of the
10:03:06 code so it's more easily found.
10:03:08 The subsequent ordinance will be based on some of the input
10:03:10 from council.
10:03:14 That's basically it.
10:03:16 >>MIKE SUAREZ: Terrific.
10:03:16 That's it.
10:03:17 Any questions of Mr. Snelling about this item?
10:03:19 Anybody in the public that would like to comment on number
10:03:22 60?
10:03:23 60?
10:03:24 I see no one.
10:03:26 Motion to close?
10:03:27 >>MIRANDA: So moved.
10:03:28 >>MIKE SUAREZ: I have a motion by Mr. Miranda.
10:03:30 Second by Mr. Cohen.
10:03:31 All in favor of that motion?
10:03:33 Any opposed?
10:03:34 Thank you.
10:03:35 Ms. Capin, will you take them 60, please?
10:03:40 >>YVONNE CAPIN: An ordinance presented for second reading
10:03:42 and adoption, an ordinance of the city of Tampa, Florida
10:03:45 relating to bonus provisions, transfer of development rights
10:03:48 program, official schedule of district and dimensional
10:03:52 regulations, designation of corridors, definitions, making
10:03:57 comprehensive revisions to the City of Tampa code of
10:04:00 ordinances, chapter 27, zoning and land development,
10:04:03 amending section 27-43, definitions, amending section
10:04:08 27-140, bonus provisions, amending section 27-156, official
10:04:17 schedule of district regulations, amending section 27-199,
10:04:22 official schedule of dimensional regulations, amending
10:04:28 section 27-203, designation of corridors, amending section
10:04:33 27-211, the greater Seminole Heights vision, establishment
10:04:39 of district boundaries, renumbering section 27-282.23 to
10:04:46 section 27-141 transfer of development rights program;
10:04:52 deleting section 27-141, central business district CBD
10:04:58 periphery bonus; misology and calculation; list of bonus
10:05:05 amenities; deleting section 27-206, Channel District bonus
10:05:10 methodology and calculations; list of bonus amenities;
10:05:15 deleting section 27-211.15, greater Seminole Heights bonus;
10:05:20 methodology and calculation, list of bonus amenities;
10:05:24 repealing all ordinances or parts of ordinances in conflict
10:05:27 therewith, providing for severability, providing an
10:05:30 effective date.
10:05:31 >>HARRY COHEN: Second what I think was the longest
10:05:34 ordinance.
10:05:35 I have a motion Ms. Capin, second by Mr. Cohen.
10:05:40 Voice vote.
10:05:41 >>CHARLIE MIRANDA: Yes.
10:05:42 >>YVONNE CAPIN: Yes.
10:05:43 >>MIKE SUAREZ: Yes.
10:05:44 >>HARRY COHEN: Yes.
10:05:47 >>LISA MONTELIONE: Yes.
10:05:49 >>MIKE SUAREZ: Thank you.
10:05:51 >>THE CLERK: [Off microphone.]
10:05:55 >>MIKE SUAREZ: Thank you very much. We are going to
10:05:56 continue on our public hearings.
10:05:57 These are second readings of proposed ordinances.
10:06:00 These are quasi-judicial.
10:06:02 All those that going to speak on items number 62 through 65.
10:06:06 62 through 65, please stand up and be sworn.
10:06:09 (Oath administered by Clerk)
10:06:17 >>MIKE SUAREZ: Thank you very much.
10:06:20 Item number 62.
10:06:22 Staff.
10:06:27 >>GLORIA MOREDA: Land development.
10:06:28 The site plan was revised as directed by City Council.
10:06:32 This property is located at 510 South Howard Avenue for a
10:06:37 small venue, beer, wine, liquor, on premises consumption
10:06:41 only.
10:06:42 Mr. Snelling did receive e-mails from Julie McGee that I
10:06:48 would like to submit for the record.
10:07:05 I believe Mr. Hughes is here if council has any questions.
10:07:09 >>MIKE SUAREZ: Thank you very much.
10:07:09 Petitioner?
10:07:10 >> Michael Horner, 15502 North Dale Mabry highway,
10:07:18 representing Tampa Humidor if there's any questions.
10:07:21 Thank you.
10:07:22 >>MIKE SUAREZ: Terrific.
10:07:23 Item number 62.
10:07:24 Is there anyone in the public?
10:07:26 This is file AB 2-16-01, that would like to speak on this
10:07:30 item.
10:07:31 Number 62.
10:07:34 Okay.
10:07:34 I see no one.
10:07:38 Is there a motion to close?
10:07:40 I have a motion by Ms. Montelione.
10:07:41 A second from Mr. Cohen.
10:07:43 All in favor of that motion please indicate by saying aye.
10:07:45 Any opposed?
10:07:47 Thank you very much.
10:07:47 I think, Mr. Cohen, you are next on 62.
10:07:50 >>HARRY COHEN: I move an ordinance being presented for
10:07:53 second reading and adoption, an ordinance approving a
10:07:55 special use permit S-2 for alcoholic beverage sales, small
10:07:59 venue, consumption on premises only, and making lawful the
10:08:02 sale of beverages regardless of alcoholic content, beer wine
10:08:06 and liquor, on that certain lot, plot or tract of land
10:08:09 located at 510 South Howard Avenue, Tampa, Florida as more
10:08:12 particularly described in section 2, that all ordinances or
10:08:15 parts of ordinances in conflict are repealed, providing an
10:08:18 effective date.
10:08:22 >>MIKE SUAREZ: I have a motion by Mr. Cohen.
10:08:23 Second by Mrs. Montelione.
10:08:25 Voice vote.
10:08:28 >>YVONNE CAPIN: Yes.
10:08:29 >>MIKE SUAREZ: Yes.
10:08:30 >>HARRY COHEN: Yes.
10:08:31 >>GUIDO MANISCALCO: Yes Montana yes.
10:08:34 >>THE CLERK: Motion carried with Miranda and Reddick being
10:08:38 absent.
10:08:40 >>MIKE SUAREZ: Thank you.
10:08:40 Item number 63.
10:08:42 Staff.
10:08:45 >>GLORIA MOREDA: Land development.
10:08:46 The site plan was revised as directed by City Council.
10:08:51 This property is at 410 and 412 South Howard Avenue for
10:08:55 small venue, beer, wine, liquor on premises consumption
10:08:59 only.
10:09:00 In terms of we did receive again a letter from Ms. McGee
10:09:05 expressing objection to access on the local street.
10:09:21 I did ask transportation to loop at the site plan.
10:09:23 They indicated that given the layout of the proposed
10:09:27 development, access on Howard Avenue would not meet the
10:09:31 corner clearance requirement, as well as the placement of
10:09:34 the dumpster required access on Horatio.
10:09:42 Staff can answer any questions council may have concerning
10:09:45 the proposed site.
10:09:49 >>MIKE SUAREZ: Petitioner?
10:09:50 >> David Singer, Singer and O'Donniley.
10:10:04 On March 24th we had a robust discussion about how the
10:10:07 new plan meets the Kennedy overlay district.
10:10:10 We also have a very robust discussion about traffic and
10:10:14 exiting and entering on Horatio. I remind council the
10:10:18 waiver that would be necessary to enter and exit onto
10:10:21 Horatio is already in place.
10:10:23 We are not asking for anything new that doesn't exist
10:10:26 already.
10:10:27 And we ask you approve the site plan.
10:10:30 Thank you.
10:10:31 >>MIKE SUAREZ: Is there anyone in the public that would like
10:10:33 to comment on item number 363?
10:10:35 63, file AB 2-16-07.
10:10:39 >>LISA MONTELIONE: Move to close.
10:10:46 >>MIKE SUAREZ: Hang on.
10:10:46 >> Good morning.
10:10:49 Julie McGee.
10:10:51 First, I would like to say I did not oppose 510 South
10:10:55 Howard.
10:10:57 >>MIKE SUAREZ: I think we understood that when we saw your
10:10:59 e-mail, did it not indicate --
10:11:02 >> Because Gloria indicated that I did.
10:11:05 >>MIKE SUAREZ: I know.
10:11:06 You would have spoken if you did.
10:11:07 >> You know me pretty well now.
10:11:11 The problem I have, he might appear to be a good guy, is
10:11:19 making a nice improvement to the lot.
10:11:22 However, it isn't the same thing.
10:11:26 The exit and entrance that is currently existing on Horatio
10:11:31 has been there since probably the '50s or whenever that
10:11:33 building was built.
10:11:35 That building housed two or three small businesses, a shoe
10:11:40 shop, a masseuse, a seamstress.
10:11:44 Three or four cars at a time all day long max in that
10:11:47 parking area, in and out of Horatio.
10:11:50 Now, he has expanded his plans to expand the building where
10:11:55 the bar is to almost 6,000 square feet, 152 capacity AB
10:12:02 sales.
10:12:03 This is directly across the street from MacDintons.
10:12:07 There's no question the place will be overflowing.
10:12:11 The parking lot that he's proposing, that's a great idea,
10:12:15 okay.
10:12:15 But that is going to create traffic from 7 a.m. to 3 a.m.
10:12:18 seven days a week, coming and going and coming and going and
10:12:22 coming and going and parking, R.
10:12:25 With the problems we have on Howard and backup on Howard,
10:12:28 all this is going to do -- this is significantly different
10:12:31 than what currently exists.
10:12:33 This isn't just the same as what exists.
10:12:37 It's proportional to putting a mall on a site that used to
10:12:41 be a 7-Eleven.
10:12:43 Okay.
10:12:45 They can't even be the same.
10:12:47 And I can't even comprehend that the city would a Lou a
10:12:51 business with that capacity and that amount of traffic to
10:12:57 allow the traffic ingress and egress onto a residential
10:13:00 street.
10:13:01 Because when they pull out onto that street, at Howard, oh,
10:13:08 there's a neighborhood.
10:13:09 Boom.
10:13:09 They are going through the neighborhood.
10:13:10 That's exactly what's going to happen until 3 a.m., and we
10:13:13 have people drinking.
10:13:14 The uber drivers coming and going, cutting through the
10:13:17 neighborhood to access that lot from Horatio instead of
10:13:19 using Howard.
10:13:21 So it's a huge concern.
10:13:22 The cut-through traffic is already excessive in our
10:13:25 neighborhood.
10:13:25 And all I ask is that the owner, to accommodate the
10:13:31 building, they can put a little extra effort into figuring
10:13:34 out how to make this work on both parcels.
10:13:38 Instead of just saying, it would be inconvenient because of
10:13:41 a dumpster, okay.
10:13:43 So is a dumpster more important than a neighborhood?
10:13:47 Is the fact that it would be inconvenient to restructure the
10:13:50 building a little bit more important than a neighborhood?
10:13:52 (Bell sounds)
10:13:55 I just ask you to look at that.
10:13:58 >>MIKE SUAREZ: Thank you, Ms. McGee.
10:14:00 Next, please.
10:14:00 >> My name is Adam Smith.
10:14:05 I live at 2206 Azeele street.
10:14:08 I'm also here to represent Linda helm who actually lives
10:14:12 directly behind.
10:14:14 She wasn't able to make it today.
10:14:16 I wasn't able to speak at the first meeting because I had to
10:14:19 be at work.
10:14:20 And I do say I am for the site plan.
10:14:24 Mike Ginster actually proved a very business owner in South
10:14:31 Tampa.
10:14:32 For the community into consideration for this whole thing.
10:14:36 Actually, he went out of his way and invited people who live
10:14:39 outside 250 feet to come into the bar for an open house
10:14:45 before it came to first reading.
10:14:46 And had community discussion with this and see what people
10:14:49 wanted.
10:14:50 I know one of the issues is about the dumpster and I can
10:14:52 tell you that all the people who live behind the saloon,
10:14:56 there are residential houses in the alleyway.
10:14:58 The entrance to residential in the alleyway.
10:15:00 A lot of people in the alleyway have requested that that
10:15:04 dumpster is not there but rather in the parking lot which is
10:15:08 where he put it.
10:15:08 I think he tried to accommodate the people.
10:15:10 I will say I do understand Julie's concern about it being on
10:15:14 a residential side street.
10:15:15 And I live behind World of Beer and I have personally seen
10:15:19 cars driving into World of Beer, hit two of them and then
10:15:23 drive down the residential side street.
10:15:25 So I can understand her concerns and it is a legitimate
10:15:28 concern.
10:15:28 But I will say on this site plan I do approve of it.
10:15:33 I do like what Mr. GINSTER has done in the neighborhood and
10:15:38 he's a good business owner and both myself and Linda approve
10:15:44 of this.
10:15:45 >>MIKE SUAREZ: Anyone else in the public to comment on item
10:15:48 63?
10:15:49 63?
10:15:49 I see no one.
10:15:52 Petitioner?
10:15:58 >> David Singer, singer O'Donniley for the petitioner.
10:16:06 We would be happy to answer any questions.
10:16:08 Again, we rely on the testimony of the public hearing from
10:16:12 March 24th.
10:16:13 Happy to go through any questions.
10:16:15 We did close off the alley and move the dumpster back more
10:16:21 pushed towards the building at the request of the residents.
10:16:23 >>HARRY COHEN: So just sort of clarify the public comment
10:16:29 and the back and forth.
10:16:32 If the dumpster moves away from where the residents are,
10:16:35 that is an additional reason that the opening onto Horatio
10:16:43 is necessary.
10:16:44 I understand that.
10:16:46 But it's not the only issue that transportation had with
10:16:55 noticing that entrance.
10:16:55 >> There was a clearance issue with solid waste addressed by
10:17:00 the entrance on Horatio and the placement of the dumpster.
10:17:03 There is an issue when you close off the alley behind the
10:17:09 establishment.
10:17:11 There has to be then access to that local street.
10:17:15 There's no waiver needed as a transportation requirement.
10:17:19 And I understand transportation is in support of this.
10:17:22 >>HARRY COHEN: There's the weighing of the issue of the
10:17:27 dumpster versus the opening is a difficult one.
10:17:30 I will tell you, I can think of at lowest two locations in
10:17:34 South Tampa where the dumpster location has created a huge
10:17:40 problem for the neighborhood.
10:17:43 So it really is a difficult one.
10:17:47 And it's not -- the answer is not always 100% clear in
10:17:51 either direction.
10:17:53 >>MIKE SUAREZ: Any other questions by council?
10:17:54 Mr. Miranda.
10:17:55 >>CHARLIE MIRANDA: I apologize.
10:17:57 I was out of the room.
10:17:58 I caught part of it but part of it, I was in a place where
10:18:02 there was no broadcast, being the men's room.
10:18:04 (Laughter).
10:18:08 >>YVONNE CAPIN: We need to fix that.
10:18:10 (Laughter)
10:18:13 Miranda thank you, Ms. Capin.
10:18:17 I heard part of this.
10:18:18 The other part I didn't hear.
10:18:20 Is this the one that is the cigar store?
10:18:26 >> No, it's not.
10:18:27 >>HARRY COHEN: That was before.
10:18:29 >>CHARLIE MIRANDA: Tell me again about the dumpster?
10:18:34 >> The dumpster in its current location is pulled up at the
10:18:37 corner and is causing solid waste to have to utilize the
10:18:41 alley behind the establishment.
10:18:46 That is a concern for the residents approximate right-of-way
10:18:52 behind.
10:18:52 They would prefer that solid waste not have to use that
10:18:55 alley.
10:18:56 So the applicant has agreed to push the dumpster back closer
10:18:59 to the property, actually abutting part of the new building.
10:19:05 >>CHARLIE MIRANDA: And I appreciate what this is all about,
10:19:10 this conversation, it's about an area that with success
10:19:17 would be a detriment to the scheme of things.
10:19:19 And I appreciate it very much.
10:19:21 I have dealt with things like this for a along, long time,
10:19:24 and they are very difficult.
10:19:28 It's just hard to continue something successfully when it
10:19:32 creates more problems.
10:19:35 I don't know what to tell you.
10:19:37 I really don't.
10:19:38 >> And the only thing I would add to that is when there has
10:19:45 been the type of success that this area has shown, that is
10:19:48 so approximate to residential, the complaint and the issue
10:19:56 that comes up so frequently is parking and the lack of
10:19:59 parking.
10:20:00 And the applicant has worked extremely hard to create
10:20:02 additional parking, and not requiring a waiver.
10:20:07 And I would ask that you weigh that very heavily when you
10:20:11 consider this application.
10:20:12 >>CHARLIE MIRANDA: What you just told me in plain language
10:20:17 is this petitioner has no parking waivers at all.
10:20:19 >> Correct.
10:20:25 >>MIKE SUAREZ: Anything else, Mr. Miranda?
10:20:26 >>CHARLIE MIRANDA: No, sir.
10:20:27 >>MIKE SUAREZ: Anyone else on council have questions of the
10:20:28 petitioner?
10:20:29 Okay.
10:20:31 Ms. McGee, you already had your say.
10:20:34 I apologize.
10:20:35 That's the rules.
10:20:37 This is rebuttal.
10:20:38 I have a motion to close from Mr. Cohen.
10:20:40 A second from Ms. Capin.
10:20:42 All in favor of that motion?
10:20:43 Any opposed?
10:20:44 Thank you.
10:20:45 Mr. Maniscalco, will you take number 63, please?
10:20:49 >>GUIDO MANISCALCO: Thank you very much, Mr. Chairman.
10:20:50 I have an ordinance being presented for second reading and
10:20:53 adoption, an ordinance repealing ordinance number 2014-5,
10:20:58 approving a special use permit S-2 for alcoholic beverage
10:21:01 sales, small venue, consumption on premises only, and making
10:21:06 lawful the sale of beverages regardless of alcoholic
10:21:08 content, beer wine and liquor, on that certain lot, plot or
10:21:12 tract of land located at 410 and 412 South Howard Avenue,
10:21:17 Tampa, Florida, as more particularly described in section 3,
10:21:20 that all ordinances or parts of ordinances in conflict are
10:21:23 repealed, providing an effective date.
10:21:24 >> Second.
10:21:26 >>MIKE SUAREZ: Motion by Mr. Maniscalco.
10:21:28 A second from Mrs. Montelione.
10:21:30 Voice vote, please.
10:21:31 >>CHARLIE MIRANDA: Yes.
10:21:33 >>YVONNE CAPIN: Yes.
10:21:34 >>MIKE SUAREZ: Yes.
10:21:35 >>HARRY COHEN: Yes.
10:21:37 >>GUIDO MANISCALCO: Yes.
10:21:38 >>LISA MONTELIONE: Yes.
10:21:39 >>THE CLERK: Motion carried with Reddick being absent.
10:21:43 >>MIKE SUAREZ: Thank you.
10:21:44 Item number 64.
10:21:45 64.
10:21:47 AB 2-16-10.
10:21:53 Staff, please.
10:21:54 >>GLORIA MOREDA: Land development. This property concerns
10:21:56 3501 south Manhattan Avenue, small venue, beer, wine,
10:22:00 liquor, on premises consumption only.
10:22:04 The site plan has been revised and given to the city clerk
10:22:08 and certified.
10:22:11 >>MIKE SUAREZ: Petitioner?
10:22:12 >> David Singer, 712 south Oregon here on behalf of
10:22:20 petitioner, happy to answer any questions based on our
10:22:25 previous hearing.
10:22:26 >>MIKE SUAREZ: Any questions of council to petitioner?
10:22:28 Anyone in the public that would like to comment on item
10:22:30 number 64?
10:22:31 AB 2-16 oat 10.
10:22:33 >> Move to close.
10:22:37 >> Motion by Mr. Miranda.
10:22:38 Second by Mr. Maniscalco.
10:22:40 All in favor of that motion?
10:22:42 Any opposed?
10:22:43 Ms. Montelione, will you take number 64, please.
10:22:45 >>LISA MONTELIONE: I move an ordinance being presented for
10:22:48 second reading and adoption, an ordinance repealing special
10:22:51 use S-1 permit AB 1-14-17, approving a special use permit
10:22:56 S-2 for alcoholic beverage sales, small venue, consumption
10:23:00 on premises only and making lawful the sale of beverages
10:23:03 regardless of alcoholic content, beer wine and liquor on
10:23:06 that certain lot, plot it or tract of land located at 3501
10:23:10 south Manhattan Avenue, Tampa, Florida as more particularly
10:23:13 described in section 3 that all ordinances or parts of
10:23:16 ordinances in conflict are repealed, providing an effective
10:23:18 date.
10:23:18 >> Second.
10:23:19 >>MIKE SUAREZ: I have a motion by Ms. Montelione.
10:23:22 A second by Mr. Maniscalco.
10:23:24 Voice vote please.
10:23:25 >>CHARLIE MIRANDA: Yes.
10:23:27 >>YVONNE CAPIN: Yes.
10:23:28 >>MIKE SUAREZ: Yes.
10:23:29 >>HARRY COHEN: Yes.
10:23:30 >>GUIDO MANISCALCO: Yes.
10:23:32 >>LISA MONTELIONE: Yes.
10:23:32 >>THE CLERK: Motion carried with Reddick being absent.
10:23:36 >>MIKE SUAREZ: Thank you.
10:23:37 Item number 65.
10:23:39 65.
10:23:40 >>BARBARA LYNCH: Land Development Coordination.
10:23:43 I'm here to answer any questions.
10:23:45 >>MIKE SUAREZ: Thank you.
10:23:46 And we are the petitioner so we don't have -- or do we have
10:23:50 a petitioner?
10:23:54 >> We have.
10:23:58 >>MIKE SUAREZ: Is the petitioner here?
10:23:59 >> They were.
10:24:02 Steve Michelini was here earlier.
10:24:09 >>MIKE SUAREZ: Okay.
10:24:11 Thank you for joining us, sir.
10:24:15 You are the petitioner on item number 65?
10:24:17 >>STEVE MICHELINI: Yes, sir.
10:24:19 I'm here to answer any questions you might have.
10:24:22 Steve Michelini here on behalf of the petitioner.
10:24:27 Basically, this is a vacating ordinance.
10:24:29 And we are here on second reading.
10:24:32 >>MIKE SUAREZ: Thank you very much.
10:24:33 Is there anyone in the public that has comments on item
10:24:37 number 65, had VAC-16-07?
10:24:41 I see in one.
10:24:42 >> Move to close.
10:24:44 >>MIKE SUAREZ: I have a motion by Mr. Cohen.
10:24:45 Second by Mr. Maniscalco.
10:24:47 All in favor of that motion indicate by saying aye.
10:24:50 Any opposed?
10:24:50 Mr. Miranda, will you take number 65, please, sir?
10:24:53 >>CHARLIE MIRANDA: Mr. Chairman, move file VAC 16-07,
10:24:59 ordinance being presented for second reading and adoption,
10:25:02 an ordinance vacating closing discontinuing and abandoning
10:25:07 portion of right-of-way known as Paxton Marilyn Avenue and
10:25:11 Clark Avenue lying north of Pearl Avenue south of Gandy
10:25:14 Boulevard east of CSX railroad right-of-way and west of
10:25:18 Grady Avenue in Gandy city platinum 1 revised a subdivision
10:25:24 in the City of Tampa, Hillsborough County Florida the same
10:25:27 being more fully described in section 1 hereof subject to
10:25:30 certain easements reservations covenants conditions and
10:25:33 restrictions providing an effective date.
10:25:35 >> Motion by Mr. Miranda, second by Mr. Maniscalco. Voice
10:25:35 vote, please.
10:25:35 >>CHARLIE MIRANDA: Yes.
10:25:37 >>YVONNE CAPIN: Yes.
10:25:38 >>MIKE SUAREZ: Yes.
10:25:39 >>HARRY COHEN: Yes.
10:25:40 >>GUIDO MANISCALCO: Yes.
10:25:41 >>LISA MONTELIONE: Yes.
10:25:42 >>THE CLERK: Motion carried with Reddick being absent.
10:25:46 >>MIKE SUAREZ: I am going to jump around a little bit here.
10:25:48 I see Mr. Huffstutler here.
10:25:50 He has an item concerning CAFR.
10:25:54 If you could come up and present that item or have any
10:25:57 comments about that.
10:25:58 That is item number 15.
10:25:59 >>SONYA LITTLE: Revenue and finance.
10:26:08 Here with me today is Mr. Lee Huffstutler, our chief
10:26:12 accountant.
10:26:13 Lee and I are here along with parts of our revenue and
10:26:16 finance accounting team to present the FY 2016 comprehensive
10:26:22 annual financial statement.
10:26:23 As you are aware, we are legally bound to provide annual
10:26:27 financial statements in accordance with generally accepted
10:26:30 accounting practices.
10:26:32 We began the process in January of 2016 for the FY or fiscal
10:26:39 year ending September 30th, 2015, to provide the CAFR.
10:26:52 We provided hard printed copies to each one of your offices.
10:26:55 And before -- the request to receive and file this document
10:27:03 as we do on an annual basis.
10:27:05 But if you don't mind, I would like to highlight a few of
10:27:08 the salient features as it relate to the audit process.
10:27:11 Our audit was performed by external auditors, and they have
10:27:21 been working with us reviewing all of our financial records,
10:27:25 requesting information from our department and our
10:27:27 accounting and budget staff, and we are pleased to inform
10:27:31 you that we have received an opinion from the auditor, our
10:27:36 external independent auditor, that we have an unmodified
10:27:40 financial report, meaning that there is no evidence of fraud
10:27:45 or major misrepresentations as relates to our annual
10:27:50 financial statement.
10:27:52 I am pleased to report that.
10:27:53 And just a few of the highlight as it relates told financial
10:27:56 statement on the balance sheet side.
10:27:58 Our assets including south flow totals over 3 billion
10:28:04 city-wide for the City of Tampa.
10:28:06 Our total liabilities including deferred inflows total over
10:28:11 $1 billion for a total net position of over $2 billion in
10:28:17 assets for the City of Tampa.
10:28:18 That's roughly a .8% increase over our fiscal year 2014.
10:28:25 On the revenue and expense side, our total revenues for FY
10:28:31 2015 total $792 million, which is compared to just over $733
10:28:37 million in fiscal year 2014.
10:28:42 That's an increase of about $58 million over the prior year.
10:28:52 The good thing on the revenue and expense side is our
10:28:55 departments everybody working very hard for expenditures and
10:28:59 compared to last year FY 14 our expenditures city-wide was
10:29:03 716 million compared to this year of $708 million.
10:29:07 So a lot of the decreases on the expenditure side are due to
10:29:13 improved efficiencies on the operations for our department.
10:29:21 >>MIKE SUAREZ: Any other comments?
10:29:22 Okay.
10:29:23 Before we go on, let's go to Ms. Montelione, then Mr.
10:29:26 Miranda, then Mr. Cohen.
10:29:33 I said Mr. Miranda first.
10:29:35 He's a gentleman anyway.
10:29:37 He will let you go first.
10:29:38 >>LISA MONTELIONE: When you have three of them it gets
10:29:42 confusing.
10:29:45 I just want to make one statement upfront, is that did we
10:29:50 get these today or yesterday?
10:29:53 >>SONYA LITTLE: They came from the printer yesterday.
10:29:55 >>LISA MONTELIONE: So there's a lot of material.
10:29:58 And I have got to be honest.
10:30:00 Between last night or when this was delivered into our
10:30:04 mailboxes and 9:00 or 8:30 this morning I have not had time
10:30:10 to read the whole thing.
10:30:12 And I do like to read.
10:30:15 So I am going to defer to what my colleagues might say to
10:30:25 have an opportunity to review it.
10:30:27 >>MIKE SUAREZ: If Ms. Little can explain why she's reporting
10:30:30 to us now with the CAFR.
10:30:35 >>SONYA LITTLE: Sure.
10:30:35 We are under tight time constraints when we have to disclose
10:30:38 our financial status to the public.
10:30:40 That's a part of this process.
10:30:43 We are required to continuing disclosures and covenants to
10:30:46 our investors and stakeholders including you and all of our
10:30:50 citizens.
10:30:50 We have to post this to national repositories within a
10:30:54 certain time frame, which we have done.
10:30:56 And this is our normal course of business.
10:30:59 We have to close out prior year's books and go through the
10:31:03 audit process.
10:31:04 So the absolute best that we can do on an annual basis is
10:31:07 pry it as part of the agenda package which was last
10:31:12 submitted through our SIRE process and then get it to you as
10:31:18 quickly as possible, provide the salient features of what's
10:31:22 included on the balance sheets and the revenues and expense
10:31:26 side to you verbally.
10:31:28 In addition to that, make ourselves available.
10:31:31 But as part of the process, the revenue and finance chair,
10:31:36 Councilman Harry Cohen is a part of this process during the
10:31:40 audit process where we frequently report back, the entire
10:31:46 process.
10:31:46 So this is a normal course of business when it comes to
10:31:49 auditing.
10:31:52 We have to be within certain guidelines.
10:31:56 We are constrained as far as how we perform, because of
10:31:59 having to have actual figures to document our performance.
10:32:04 >>HARRY COHEN: If I may.
10:32:09 You are getting this hot off the press.
10:32:11 >>LISA MONTELIONE: I can tell.
10:32:12 >>HARRY COHEN: And it's only being asked to be received and
10:32:16 filed so that now you do have the opportunity to review it.
10:32:19 We actually had the audit conference a week ago.
10:32:26 And this really represents a codified version of a year's
10:32:31 worth, as I want to say, outstanding work by our staff.
10:32:36 If there's any questions about anything in here, though, the
10:32:39 opportunity always exists to bring them up and to address
10:32:43 them during the budget process, which we are about to embark
10:32:46 an.
10:32:47 I woo just say, though, that to get an unqualified opinion
10:32:52 is no small feated, particularly given that our city changed
10:32:57 systems only about a year ago, a new enterprise wide system,
10:33:03 and, you know, the information is really being received and
10:33:08 filed now so that you have the opportunity to read it.
10:33:12 Not the other way around.
10:33:13 >>LISA MONTELIONE: Thank you.
10:33:15 >>MIKE SUAREZ: Any other questions, Ms. Montelione?
10:33:17 >>LISA MONTELIONE: No.
10:33:18 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
10:33:20 Even if I read all of this, which more than likely I won't,
10:33:23 I won't be able to memorize all the numbers.
10:33:25 So let me say this.
10:33:26 You mentioned 700 some thousand, 58 million, I would imagine
10:33:32 you had an increase before 7.5 million -- 7.5% in revenue
10:33:38 quickly in my mind.
10:33:40 What you did not mention is what you said debt between one
10:33:44 year and the other year.
10:33:46 The debt service amount between one year and --
10:33:50 >>SONYA LITTLE: We actually paid down a significant amount
10:33:52 of debt, sir, from one year to the other.
10:33:54 >>CHARLIE MIRANDA: I'm a debt guy.
10:33:59 >>SONYA LITTLE: Yes, sir.
10:34:01 >> Lee Huffstutler: There's a sum rhythm and it did go
10:34:09 down.
10:34:10 We are going to give you a page number.
10:34:12 Here we go.
10:34:14 34 I'm hearing from staff?
10:34:17 So this shows last year's total debt was 728 million.
10:34:24 On page 34.
10:34:25 This year's total debt is 659 million.
10:34:28 So that's a decrease of approximately $60 million.
10:34:31 >>CHARLIE MIRANDA: All right.
10:34:33 The next question is do you have any debt planned for this
10:34:36 year coming?
10:34:37 >>SONYA LITTLE: We will come back before you during the
10:34:39 process of the FY 2016 budget process.
10:34:43 We are crossing all fiscal years at this time of the year.
10:34:48 But during the FY 16 budget process which was approved by
10:34:52 City Council July of 2015, that was presented that we would
10:34:58 come back to you with a proposal for the issuance of debt
10:35:01 upon some of our capital projects.
10:35:03 And that's still in the pipeline.
10:35:05 And we will be coming back to you as part of council.
10:35:11 >>CHARLIE MIRANDA: As now debt comes very quickly and
10:35:13 expenses in running down the debt takes 30 years.
10:35:17 That's a correlation I would like to look at to make sure we
10:35:20 stay within certain guidelines.
10:35:22 Thank you very much.
10:35:22 >>SONYA LITTLE: Yes, sir.
10:35:24 If I could also point out as Councilman Cohen mentioned, we
10:35:27 are heading into the budget process so we will be coming
10:35:32 back before you with a request to do a midyear review as
10:35:34 well as budget hearings, and we'll also be meeting with each
10:35:38 council member individually leading into that process.
10:35:42 >>MIKE SUAREZ: Thank you very much.
10:35:43 Any other questions of Ms. Little or of her staff?
10:35:49 >>SONYA LITTLE: Chairman Suarez, if I could do one ding
10:35:54 thing if you will indulge me.
10:35:56 We have a team who works extremely hard in preparing this
10:35:58 annual report, in addition to their day to day
10:36:01 responsibilities.
10:36:02 So if you will allow me, Lee Huffstutler, our chief
10:36:08 accountant.
10:36:09 I asked him to stand here with me because Lee leads a really
10:36:15 dynamic team.
10:36:16 He himself is extremely skilled.
10:36:18 We are fortunate to have Lee as our chief accountant
10:36:20 representing the city.
10:36:22 We go before the International government financial officers
10:36:28 association where they will actually review our annual
10:36:32 report and size us up to our peers, and year after year
10:36:37 after year we receive really high accommodations for our
10:36:40 performance and production of this annual CAFR.
10:36:45 A lot of that is under Lee's direction R.I would also like
10:36:48 to recognize those of you of the team who are part of the
10:36:53 process.
10:36:53 And we have accounting manager Ms. Sabrina McAdoo.
10:37:04 She goes at it long and hard and everybody knows her because
10:37:07 she keeps us on task.
10:37:09 Anything we look for, as we all know when we are talking
10:37:12 about the general fund during the budget process, that's the
10:37:16 core of what we do and what we are about here, in addition
10:37:18 to our enterprise fund.
10:37:20 But everybody looks to the general ledger.
10:37:22 And Sabrina leads that team.
10:37:24 Also with us is Ms. Terry Williams, another of our
10:37:28 accounting managers, who is very integral to this part.
10:37:32 Mr. Mike Ferrell isn't with us today but our supervisor
10:37:37 Pamela McCarter and Lori Simmons also working very hard.
10:37:41 And on the front line getting things done, Ms. Lee, a part
10:37:47 of that team.
10:37:48 The three of them working seriously to get things
10:37:52 accomplished for us, and they don't have a problem
10:37:54 challenging a manager, a director, an administrator if we
10:38:01 are not reporting correctly.
10:38:04 >>MIKE SUAREZ: Did they have any problem challenging the
10:38:06 TFO?
10:38:08 >>SONYA LITTLE: Oh, never.
10:38:09 (Laughter)
10:38:09 They never have a problem.
10:38:11 Our accountants, I will mention again, Ms. Lee and mark
10:38:17 Thompson also part of that team.
10:38:18 And mark is fairly new to this team but brings a great deal
10:38:23 of experience to us.
10:38:24 So we are very, very fortunate.
10:38:29 Thank you for indulging me.
10:38:30 And there's a whole team back home, we call it, who has been
10:38:34 in the wings and provides us with really, really great
10:38:37 service.
10:38:38 >>MIKE SUAREZ: Thank you very much.
10:38:38 Thanks to staff for that.
10:38:40 Mr. Cohen, if you could make the motion.
10:38:41 >>HARRY COHEN: Move to receive and file the CAFR.
10:38:47 >>YVONNE CAPIN: Second.
10:38:48 >>MIKE SUAREZ: I have a motion by Mr. Cohen.
10:38:50 Second by Ms. Capin.
10:38:51 All in favor of that motion say aye.
10:38:53 Any opposed?
10:38:54 Thank you very much.
10:38:55 We appreciate that.
10:38:57 All right.
10:38:58 We finished up on item number 15.
10:39:01 I am going to jump back to item number 7.
10:39:03 Is staff here to report to us on the city facilities --
10:39:10 facilities, particularly the parking lot?
10:39:12 >> Ocea Lattimore, Director Of Management, and I am here to
10:39:20 report on number 7, an inventory of our parking lots that do
10:39:28 not meet code.
10:39:30 And the code referenced here is chapter 27-1887.
10:39:34 Zoning and land development, parking requirements.
10:39:38 Now, even though there's a section in the code that allows
10:39:44 us to not have to comply with the requirements of parking
10:39:48 division has actually gone above and beyond what is required
10:39:54 here.
10:39:54 And if you would allow me I will detail some of that.
10:39:58 >>MIKE SUAREZ: Go ahead.
10:39:58 >> Thank you.
10:40:00 Within the parking code, it has several references.
10:40:05 Required landscaping, paving, of parking lot surface,
10:40:11 striping of parking lot surface, ADA and accessibility,
10:40:17 signage and lights.
10:40:18 With the required landscaping, all of the parking lots in
10:40:22 the downtown Tampa and Ybor, they do comply.
10:40:27 So we are okay with those requirements.
10:40:32 With the paving of the parking lot surface in downtown Tampa
10:40:38 and Ybor, we comply with the asphalt and concrete paving.
10:40:44 With the striping of the parking lot surface, all parking
10:40:49 lots everybody striped, or they are in the process of having
10:40:52 the stripes updated.
10:40:55 There are some of the parking lots we are stilling working
10:40:57 with the updating of those lots.
10:41:00 And these are the regional lots, the pears street lots and
10:41:08 the Zack lots.
10:41:09 All of these are monthly parking.
10:41:11 And the reason why it's taking us a little longer with those
10:41:15 lots is that we had a little bit more work to do in
10:41:19 correcting some of the damaged areas that have been
10:41:24 compromised by the tree roots in those lots.
10:41:27 So right now we are on schedule to having those done by the
10:41:34 end of the year, by December 2016.
10:41:39 In terms of the ADA, and accessibility, all lots with the
10:41:46 exception of Royal Regional and Interstate lots and Southern
10:41:49 lots, they do comply with the ADA compliances, with the
10:41:54 requirements.
10:41:54 Again, the Royal Regional lot, we have to take care of the
10:42:01 tree roots and do that part of it before we can actually go
10:42:05 and get that actually -- have it actually completed.
10:42:14 So again, we are looking at having this done by December
10:42:18 2016.
10:42:21 The Southern lots will take coordination with the Expressway
10:42:26 Authority.
10:42:28 The Expressway Authority on both lots, we manage those lots
10:42:32 so what we are doing is tending to our city lots first and
10:42:35 then we will go and get the resources that are needed to
10:42:39 take care of those lots.
10:42:43 Now, in terms of the signage, the signage is the one area
10:42:46 that we do not meet the requirements.
10:42:52 And particularly we have signage in the lots, but the new
10:42:55 requirements require us to put the address of the lots, as
10:43:02 well as the contact information of the lots on the signs.
10:43:07 So we are in the process of having that done, and we
10:43:10 anticipate having that complete within the next 45 to 06
10:43:14 days.
10:43:16 And the final thing is the lights.
10:43:19 We do comply currently comply with the lights in the lot as
10:43:25 they currently are.
10:43:26 However, we are in the process of updating the lights with
10:43:30 L.E. D. lights because they are more efficient and they
10:43:35 provide more illumination for the actual lots.
10:43:40 So that completes my report for the compliance with if
10:43:45 parking lots.
10:43:46 And if you have any questions.
10:43:49 >>MIKE SUAREZ: Thank you.
10:43:49 Mr. Miranda.
10:43:49 >>CHARLIE MIRANDA: Thank you.
10:43:51 I am moved by what you said, and I appreciate everything you
10:43:54 have done, your department has done in getting what we are
10:43:57 asking.
10:43:58 Within 60 days you are saying that we'll have one portion of
10:44:01 it completed, and then in December, by December of this
10:44:04 year, the year 2016, that you will have all the lots in the
10:44:08 city in conformity with the city -- all the lots in the
10:44:12 city's inventory that meet the requirements of the code.
10:44:16 That's way heard, correct?
10:44:18 >> With the exception of the southern lots because that's
10:44:22 going to take some coordination with the Expressway
10:44:24 Authority.
10:44:25 >>CHARLIE MIRANDA: And I know this is not part of it.
10:44:29 Do you know of any lots in the city that are not part of the
10:44:32 requirements that are not city owned and are parking lots?
10:44:35 >> I do not know because that was not partly of what we were
10:44:37 asked to bring back to council.
10:44:40 >>CHARLIE MIRANDA: I understand that.
10:44:41 At the end of the day I would like to see them all done by
10:44:44 December.
10:44:44 It's been about 16 years this has been going on.
10:44:47 >> That was before my time.
10:44:49 >>CHARLIE MIRANDA: No, I'm serious, and I appreciate what
10:44:53 you were saying because I remember my good friend Mr.
10:44:56 Dingfelder and Ms. Saul-Sena were on this and I would like
10:45:01 to see it completed.
10:45:04 Okay?
10:45:04 >> Yes, sir.
10:45:05 >>CHARLIE MIRANDA: And I will make that motion later on to
10:45:08 come back, and mark it do you know for December 16th for
10:45:11 a report on this item.
10:45:14 >>MIKE SUAREZ: Thank you.
10:45:14 Any members of council have any questions about this item?
10:45:17 Thank you very much for being here.
10:45:18 I appreciate it.
10:45:19 Thanks for the report.
10:45:21 All right.
10:45:21 Item number 8.
10:45:31 Anyone from legal on item number 8?
10:45:33 >> Julie Hardy, legal department, here on item number 8 and
10:45:40 regarding the towing of vehicles of vehicles with expired
10:45:47 tags from private property. We have researched this and
10:45:47 found no authority that allows towing of vehicles on private
10:45:54 property that have expired tags.
10:45:56 It's my understanding that there may be some contracts
10:46:00 between towing companies and private property owners, and --
10:46:07 I need to get more information regarding that issue.
10:46:13 >>MIKE SUAREZ: No problem.
10:46:13 If I could, Mr. Miranda, you were first, sir.
10:46:16 Do you have a question?
10:46:18 >>CHARLIE MIRANDA: Thank you very much.
10:46:19 I have a statement.
10:46:20 I appreciate what you said you don't have the authority to
10:46:22 do.
10:46:22 That however, let's say I am just going to give you possible
10:46:25 things that could happen.
10:46:26 Somebody's car is being towed off and you have no
10:46:29 authorities on that lot itself that had signs, whatever.
10:46:35 If you are on a city street and you have a complaint by an
10:46:38 individual do you have authority to stop that action?
10:46:40 And I don't want an answer now:
10:46:45 >> On the --
10:46:48 >>CHARLIE MIRANDA: If a car was in a private lot owned by
10:46:51 an apartment dwelling or whatever and that car is hooked
10:46:54 onto a tow truck and taking it down the street, but now that
10:46:58 street is not a private domain, it's a public domain.
10:47:02 Do you have the authority to stop that vehicle?
10:47:10 The car is hooked up.
10:47:11 >>SAL TERRITO: Once it gets off the private property,
10:47:15 becomes public property, we have no jurisdiction period
10:47:19 under Florida statute.
10:47:20 We don't have an ordinance dealing with that.
10:47:22 The county does apparently.
10:47:23 But once it's being towed, it's being towed and we are not
10:47:26 involved in that process.
10:47:27 If it were towed legally for whatever reason, I don't know
10:47:30 how we can intervene and say, I'm sorry you have to take
10:47:34 that car off there because you are towing it improperly.
10:47:38 >>MIKE SUAREZ: Anything further?
10:47:42 >>SAL TERRITO: Sal Territo, legal department.
10:47:47 >>MIKE SUAREZ: Anything else?
10:47:49 >>CHARLIE MIRANDA:
10:47:49 No I am saddened that we don't have the authority to do it.
10:47:53 I don't know what to do with this thing.
10:47:55 It's a shame that these things are going on.
10:47:59 Because at the time that the car is towed, no one is 100%
10:48:02 sure that there is not a title on that car.
10:48:05 It could be a tag that's expired that somebody stole the
10:48:07 little doo-hickey sticker out of it like happened to me, and
10:48:13 you have to pay the price and that's wrong.
10:48:15 >>MIKE SUAREZ: I agree.
10:48:16 Anyone else?
10:48:17 I have a comment about this.
10:48:19 And there was no state law concerning this at all, correct?
10:48:22 >> None.
10:48:23 >>MIKE SUAREZ: And could you not -- you looked at county
10:48:25 ordinances, and you did not find anything like it.
10:48:28 One of the problems that we have -- and Mr. Miranda is right
10:48:32 in bringing this up -- there used to be a state law, and I
10:48:35 don't know if it's still in force that people who did not
10:48:37 have basic insurance on their vehicle could have their tag
10:48:41 repoed by a repossession company.
10:48:46 That's a little different than towing someone's cars but
10:48:49 there was a state law specific to financial responsibility
10:48:51 of actually having insurance.
10:48:54 In this case, I see no reason or no compelling statement,
10:48:59 reason, to tow someone's car because they have an expired
10:49:02 tag an a private lot.
10:49:03 And again, if it is a sticker that they need in order to
10:49:08 park in their lot, I totally understand that.
10:49:10 If they are parking illegally in their lot and they have a
10:49:12 sign that says we will tow if you are not stickered based on
10:49:16 our requirements.
10:49:17 But to just pull someone out of there because they have an
10:49:20 expired tag, I think it's a flimsy aspect.
10:49:23 I'm sure that someone in our council -- and if you don't
10:49:27 mind, Ms. Hardy, if swan wants to find out if there's
10:49:31 anything on the county ordinance, and I'm sure Mr. Miranda
10:49:33 will bring that up later on, let's look at that because it
10:49:36 does seem like a egregious abuse of power by the landlords
10:49:41 out there.
10:49:41 >> Julie Hardy.
10:49:47 The county code only talks about unauthorized vehicles.
10:49:51 It doesn't talk about unauthorized vehicles that may be
10:49:55 towed from private property.
10:49:59 >>MIKE SUAREZ: Again I'm not sure if there is any county
10:50:01 reason to have an ordinance like that.
10:50:02 I understand private land owners that want to make sure that
10:50:05 they preserve parking for both their tenants and guests.
10:50:10 That's different than just saying we are going to take
10:50:12 something that is a legal issue concerning whether or not
10:50:15 you tagged your car and remove that vehicle.
10:50:17 That makes no sense to me in any sense.
10:50:20 And I'm sure it does for you, too, Ms. Hardy.
10:50:23 Any other questions by council?
10:50:25 Thank you, Ms. Hardy.
10:50:26 We appreciate it.
10:50:27 Okay.
10:50:29 Item number 9.
10:50:37 Mr. Shelby, I understand this is a first reading of our
10:50:41 order of business.
10:50:41 >>MARTIN SHELBY: All you have to do is move the resolution
10:50:45 after reading it by title only per your rules.
10:50:49 >>MIKE SUAREZ: We have a motion from Mr. Maniscalco.
10:50:51 You have to read the title.
10:50:53 Mr. Maniscalco.
10:50:54 >>GUIDO MANISCALCO: I have a resolution amending the rules
10:50:57 of procedure, rule 3-B-2 governing the order of business of
10:51:07 the meetings of the City Council of the City of Tampa,
10:51:09 providing an effective date.
10:51:10 >>HARRY COHEN: Second.
10:51:13 >>MIKE SUAREZ: Any opposed?
10:51:15 Thank you.
10:51:15 >>THE CLERK: [Off microphone.]
10:51:21 >>MIKE SUAREZ: Item number 10.
10:51:22 Is there someone that would like to take number 10?
10:51:30 >>BRAD BAIRD: Parks and recreation City of Tampa.
10:51:33 This is a one-year extension for Parkway and median
10:51:38 maintenance.
10:51:42 >>MIKE SUAREZ: Mrs. Montelione?
10:51:44 >>LISA MONTELIONE: It's a question and it's one that I used
10:51:46 to bring up all the time and I stopped asking because it was
10:51:49 showing up as requesting other -- requested on the agenda
10:51:53 item cover sheet, and that was the percentage of MBE, WMBE
10:51:58 or SLB is on a particular item that is a contract or has a
10:52:03 fiscal impact.
10:52:04 And I don't see it on this one.
10:52:06 I know you probably don't know it off the top of your head
10:52:09 and maybe you do.
10:52:09 >> No, I don't.
10:52:15 >>LISA MONTELIONE: I didn't think so.
10:52:16 It's not numbers that would generally pop up.
10:52:19 So I would like to find that out if you could let me know.
10:52:22 >> Certainly.
10:52:23 >>LISA MONTELIONE: You can just e-mail my office and let me
10:52:25 know.
10:52:26 >> This afternoon.
10:52:26 >>LISA MONTELIONE: Thank you very much.
10:52:28 I move the item, sir.
10:52:29 >> Second.
10:52:31 >>MIKE SUAREZ: Motion by Mrs. Montelione.
10:52:33 Second by Mr. Miranda.
10:52:34 All in favor of that motion indicate by saying aye.
10:52:36 Any opposed?
10:52:37 Thank you.
10:52:38 All right.
10:52:39 We go to item number 14.
10:52:42 14.
10:52:42 Anyone from staff here to answer on item 14?
10:52:45 >> Eric Wise, director of wastewater department.
10:52:55 >>MIKE SUAREZ: Do we have any questions on item 14?
10:52:59 Mrs. Montelione.
10:52:59 >>LISA MONTELIONE: The project had technicalities with the
10:53:06 previous bid award process.
10:53:09 So the bids and the award process is always a topic of much
10:53:18 conversation among contractors.
10:53:19 Can you elaborate on what's going on here?
10:53:23 >> It's my understanding that it exceeded the 90 day -- good
10:53:27 for 90 days, and we didn't notify them within that time
10:53:30 frame.
10:53:30 And they have the legal right to not honor that bid.
10:53:34 We then went to the second low bidder, didn't meet the WMBE
10:53:41 requirements.
10:53:41 At that time we decided to rebid the entire process.
10:53:44 >>LISA MONTELIONE: Okay, thank you, because it just said
10:53:48 technicalities, and I wanted to be sure what that is.
10:53:50 And I do want to thank you because the SLBE, WMBE is on your
10:53:56 cover sheet on the agenda item.
10:53:59 I'll move the item.
10:54:00 >>CHARLIE MIRANDA: Second.
10:54:02 >>MIKE SUAREZ: Motion by Mrs. Montelione.
10:54:04 Second by Mr. Maniscalco.
10:54:06 All in favor?
10:54:08 >>CHARLIE MIRANDA: I want to say every time you call his
10:54:11 office, he's right on it within 15 seconds.
10:54:17 He does a great job.
10:54:20 >>MIKE SUAREZ: I noticed that.
10:54:21 Every time we call, 15 seconds is -- I'll put the timer on.
10:54:25 Thank you very much for appearing.
10:54:27 All right.
10:54:27 We are going to go back to our 10:30 hearings.
10:54:30 And we are only at 10:54 see that's not too bad, I guess, on
10:54:36 items number 66 to 69.
10:54:38 We need those open.
10:54:39 >> Move to open.
10:54:43 >>MIKE SUAREZ: Motion by Mr. Coven.
10:54:44 Second by Mrs. Montelione.
10:54:46 All in favor?
10:54:47 Any opposed?
10:54:47 Before we go forward, is there anyone that is going to speak
10:54:50 on items number 66 through 69 that need to be sworn in,
10:54:53 please stand to be sworn.
10:54:55 (Oath administered by Clerk)
10:55:07 With oh number 66.
10:55:10 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza on behalf
10:55:13 of the petitioner on 66.
10:55:15 I apologize for the late notice, but my client has elected
10:55:18 to withdraw this application.
10:55:19 >>LISA MONTELIONE: Move to withdraw.
10:55:25 >>GUIDO MANISCALCO: Second.
10:55:27 >>MIKE SUAREZ: All in favor of that motion please indicate
10:55:28 by saying aye.
10:55:29 Any opposed?
10:55:30 Thank you.
10:55:32 Item number 67.
10:55:34 67.
10:55:34 >>BARBARA LYNCH: Land Development Coordination.
10:55:39 VAC 16-11 is a request to vacate a part of Paxton Avenue,
10:55:44 and it's in South Tampa south of Gandy.
10:55:53 Is the overhead working?
10:55:55 >>MIKE SUAREZ: It was working earlier.
10:55:57 Let's see if there's anyone back there who knows how to work
10:56:00 an Elmo?
10:56:01 Anyone in the audience want to help staff?
10:56:03 I don't see anything coming up.
10:56:05 >>BARBARA LYNCH: Basically when you look at the area in red
10:56:14 is owned by the applicant.
10:56:15 And then the piece of Paxton, it runs on east of Manhattan,
10:56:21 and it goes to a dead-end.
10:56:24 Paxton used to go between Manhattan as well as part of it in
10:56:30 99-or 96, I'm sorry.
10:56:33 So there are is a dead-end piece of right-of-way.
10:56:35 It's unimproved.
10:56:36 It does contain a stormwater ditch.
10:56:38 I see pictures of that, that you see on your applications.
10:56:42 Staff has no objection to this request.
10:56:43 >> Truett Gardner, 401 north Ashley.
10:57:01 On behalf of pilot stores.
10:57:04 And there's a memo that Julia Mandell wrote five years ago.
10:57:10 And the first that speaks to me is basically is this
10:57:14 vacating in the interest of the general welfare?
10:57:17 As an example, will it alleviate the public from the cost of
10:57:21 maintaining a right-of-way that's in a longer useful, and
10:57:26 Barbara said this is a dead-end right-of-way, just a
10:57:29 remnant, to alleviate a public nuisance such as dumping or
10:57:34 criminal activity.
10:57:35 I went out and shot some pictures.
10:57:39 There's beer cans all over the place.
10:57:41 I would say yes on that.
10:57:43 Secondly will it foster redevelopment of abutting
10:57:46 properties?
10:57:46 And the answer is yes.
10:57:47 Just so you know we are not using this for entitlement
10:57:50 purposes.
10:57:50 It's solely going to be green space, and will be improved by
10:57:54 placing a pipe and culvert over it.
10:57:58 That's it in a nutshell.
10:58:02 >>MIKE SUAREZ: A question by Ms. Montelione?
10:58:05 >>LISA MONTELIONE: He just answered it.
10:58:08 The stormwater facilities and stuff, capacity, what was
10:58:12 going to happen there and you just answered it.
10:58:14 The only thing I would say is you say it's going to be used
10:58:17 as green space
10:58:29 If there's a culverts and a pipe, it has to be because you
10:58:31 can't build over it of the.
10:58:32 >> Yes.
10:58:35 The plan would be to take an open ditch.
10:58:38 >>LISA MONTELIONE: Yes.
10:58:40 >>MIKE SUAREZ: Any other questions from council?
10:58:41 >> Julie Hardy.
10:58:46 The ordinance was on the addendum.
10:58:49 >>MIKE SUAREZ: So it is -- okay.
10:58:52 >>LISA MONTELIONE: I got it.
10:58:56 >>MIKE SUAREZ: Is there anyone in the public that would like
10:58:57 to speak on item number 67, VAC-16-11?
10:59:02 Anyone would that would like to speak on this item?
10:59:04 I have a motion by Mr. Miranda.
10:59:05 Second by Mr. Maniscalco.
10:59:07 All in favor of that, please indicate by saying aye.
10:59:12 Any opposed?
10:59:14 Thank you very much.
10:59:24 Mr. Cohen.
10:59:25 >>HARRY COHEN: Move an ordinance vacating, closing,
10:59:28 discontinuing, and abandoning a portion of Paxton Avenue,
10:59:33 lying east of Manhattan Avenue and west of Lois Avenue in
10:59:36 the City of Tampa, Hillsborough County Florida the same
10:59:39 being more fully described in section 1 hereof subject to
10:59:42 certain easement reservations covenants and conditions and
10:59:45 restrictions more particularly set forth herein providing an
10:59:48 effective date.
10:59:49 >>CHARLIE MIRANDA: Second.
10:59:52 >>MIKE SUAREZ: All in favor?
10:59:53 Any opposed?
10:59:54 Thank you.
10:59:55 >> That was a substitute ordinance.
10:59:58 Second reading and adoption will be held on May 5th,
11:00:02 2016 at 9:30.
11:00:04 >>MIKE SUAREZ: I have two more items, 68 and 69.
11:00:06 Before we start, I believe our attorney would like to get
11:00:09 concurrence from our city attorney on this, concerning the
11:00:12 visuals on documents for the public's use.
11:00:15 If I could, Mr. Shelby, if you have something to say, go
11:00:19 ahead, please.
11:00:19 >>MARTIN SHELBY: Just a concern, Mr. Chairman.
11:00:21 I don't know what evidence needs to be or usually is
11:00:23 presented at these review hearings.
11:00:25 Obviously the hearing is only going to be one opportunity;
11:00:30 council's decision to come back for second reading.
11:00:32 So if there is evidence that needs to be presented, and
11:00:35 there's a lack of the ability to do that because of
11:00:37 technical difficulties, if the petitioner or the staff could
11:00:40 bring that to our attention and perhaps it would need to be
11:00:43 rescheduled.
11:00:43 Otherwise, if not then I suggest you proceed.
11:00:49 >>MIKE SUAREZ: All right of the item number 68.
11:00:52 Staff?
11:00:53 >>GLORIA MOREDA: Land development.
11:00:55 This is a special use 1, 16-11.
11:00:59 A request for a home occupation.
11:01:01 The property is located at 2810 north Central Avenue.
11:01:06 The applicant is Patricia Ortez.
11:01:09 The property is zoned RS-50.
11:01:12 As part of criteria for reviewing a home occupation.
11:01:16 There are a number of items that an applicant needs to be
11:01:19 able to demonstrate.
11:01:22 Ms. Ortiz did submit an affidavit that indicated compliance
11:01:26 with all the requirements that she is a professional office.
11:01:31 However, at one point, a Mr. Beddingfield delivered
11:01:36 documents to SAWANDA Anthony in her office and represented
11:01:44 himself as an employee of Ms. Ortiz.
11:01:46 One of the conditions for the home occupation is there can
11:01:49 no family members outside the residence of the home.
11:01:53 And based on that representation, I denied this request.
11:01:58 Ms. Ortiz is here to explain the situation, but I did not
11:02:02 feel comfortable approving this home occupation at this
11:02:06 location.
11:02:09 >>MIKE SUAREZ: Petitioner?
11:02:16 >> Good morning.
11:02:16 My name is Patricia Ortiz.
11:02:19 And my address is 2810 north Central Avenue.
11:02:24 As stated I'm here to request a reconsideration of a denial
11:02:29 of a special use for home occupation.
11:02:32 I have a planning and zoning consulting firm called Ortiz
11:02:36 planning solutions.
11:02:37 I received a code enforcement violation in November whereby
11:02:41 I was made aware of the fact that a special use 1 was
11:02:47 required to conduct business in my home.
11:02:49 I applied for the special use but was denied because what I
11:02:53 think was a misunderstanding or miscommunication.
11:02:57 You see, I asked my boyfriend to deliver a revised site plan
11:03:01 to the city.
11:03:02 I don't know what he said.
11:03:04 I wasn't there.
11:03:05 But he is not an employee of mine.
11:03:09 He is a boyfriend.
11:03:11 (Laughter)
11:03:12 He doesn't work for me.
11:03:14 He's never been paid.
11:03:15 I think that the term employed by and working with were
11:03:20 confused.
11:03:22 I will even say possibly misrepresented.
11:03:24 I don't know what happened.
11:03:25 But I do know I don't have any employees.
11:03:29 I meet all of the criteria for approval of a home
11:03:33 occupation.
11:03:34 And I would like to continue running my business from my
11:03:37 home.
11:03:38 The majority of my business is conducted in government
11:03:40 offices, board rooms, and council chambers much like this.
11:03:46 My home office is less than 25% of the area of my home, and
11:03:50 within this office I do research, I make phone calls, I pay
11:03:55 bills.
11:03:56 I do not ever meet with clients at my home.
11:04:00 The combined impact of myself, my personal life and my
11:04:04 business life are less than a typical family.
11:04:07 It's not uncommon for me to be a -- away on business
11:04:12 overnight for a week or for several days.
11:04:15 Sometimes when I return I don't move the car from the
11:04:17 driveway for a few days.
11:04:19 So the traffic impact of me and my business are extremely
11:04:23 minimal.
11:04:25 There have been no changes to the inside or the outside of
11:04:28 the home to reflect a business.
11:04:32 In fact, there's no indication that anything other than
11:04:34 residential activities occur in the house.
11:04:38 Again, and I think very importantly, the home occupation
11:04:42 does not generate any traffic greater than what would
11:04:46 normally be expected in the neighborhood.
11:04:49 I have local, state and federal licenses.
11:04:52 I have with me today my business tax license from the
11:04:57 county, my tax license from the city and my Articles of
11:04:59 Incorporation.
11:05:01 So what I am asking for is the opportunity for a waiver to
11:05:08 be approved.
11:05:09 The code states that no persons other than immediate family
11:05:16 members residing on the premises may be employed.
11:05:20 Again, I have no employees, but I don't want to go through
11:05:24 this situation again.
11:05:25 So I am respectfully requesting that a waiver be granted to
11:05:28 allow a person who is not immediately related to me but does
11:05:35 reside on premises to be employed.
11:05:41 >>MIKE SUAREZ: Thank you very much.
11:05:42 Mrs. Montelione?
11:05:43 >>LISA MONTELIONE: So having done things for my boyfriend
11:05:50 in his business, he doesn't employ me anymore.
11:05:56 This takes up all of my time.
11:05:58 And he doesn't pay me.
11:06:01 >> Correct.
11:06:02 >>LISA MONTELIONE: Well, he does otherwise but he doesn't
11:06:07 pay me.
11:06:12 I understand the situation.
11:06:14 We have a domestic partnership, so immediate family member
11:06:18 may be applicable to us.
11:06:20 So, yeah, I understand.
11:06:25 And he may have thought when he went to the office saying
11:06:28 that an employee was a good thing.
11:06:35 Maybe he thought it would make him more professional in
11:06:38 differing the document.
11:06:39 I get it.
11:06:40 I don't have an issue.
11:06:42 And especially on Central Avenue.
11:06:45 I'm very familiar with the type of work planners do, I was
11:06:50 at the Suncoast last night.
11:06:52 Yes, it's not a high traffic business.
11:06:58 >> Thank you.
11:07:02 >>MIKE SUAREZ: Any other questions from council concerning
11:07:04 this case?
11:07:05 Okay.
11:07:06 Is there anyone in the public that would like to make a
11:07:08 comment concerning item number 68, file E-2016-8-chapter 27?
11:07:22 I'm sorry?
11:07:23 >> Would you like me to come forward?
11:07:25 >> If you would like to speak, yes, ma'am.
11:07:27 >> Thank you.
11:07:28 And I have a waiver.
11:07:31 >>MIKE SUAREZ: Okay.
11:07:31 >>MARTIN SHELBY: There are two names on the list.
11:07:38 Martha Fernandez, are you here?
11:07:40 Thank you.
11:07:40 And Ruben Harris?
11:07:43 You waive speaking.
11:07:45 Therefore, two extra minutes.
11:07:46 >> City Council notice is three per speaker.
11:07:51 And I appreciate if we would start timing.
11:07:57 >>MARTIN SHELBY: Three minutes per speaker.
11:07:59 When you sign a speaker waiver form, you give up your three
11:08:02 minutes. In exchange for giving up the three minutes, the
11:08:04 person to whom you give up the three minutes is given one
11:08:07 additional minute per name.
11:08:08 So you would have three minutes plus the two people who
11:08:11 waived for a total of five minutes.
11:08:15 Is that your desire?
11:08:17 >> It's going to be tight.
11:08:19 Thank you.
11:08:22 Mary McCann, 2810 North Central Avenue.
11:08:24 I speak for Ruben Harris, my neighborhood watch captain
11:08:27 residing at 2719 north Jefferson and Martha Fernandez of
11:08:32 2815 north central.
11:08:34 This is not pleasant for any of us to challenge the veracity
11:08:39 of another person but for us the stakes are high.
11:08:41 The absentee property owner, Patricia Wells, has repeatedly
11:08:46 been cited for various code violations at this property over
11:08:49 the last 15 years, served as the absentee owner agent since
11:08:54 2009.
11:08:55 The traffic record is clear, unless called out either
11:09:01 voluntarily gets on the right side of the law and the
11:09:03 information that it misrepresents.
11:09:08 The applicant has operated land use --
11:09:13 >>MIKE SUAREZ: Clerk.
11:09:13 Ma'am, I'm sorry to say we do not have the ability to look
11:09:16 at that overhead.
11:09:18 If it's possible, do you have additional copies or can we
11:09:21 make copies of those?
11:09:24 >> I'll give you both.
11:09:26 >>MIKE SUAREZ: Terrific.
11:09:26 Mr. Shelby, if you have that copied and bring it back
11:09:29 Tuesday, I would appreciate it.
11:09:31 Thank you so much.
11:09:32 Go ahead.
11:09:32 >> The applicant has operated land use consulting business
11:09:36 out of her apartment since April 26, 2013 according to
11:09:40 Florida LLC records.
11:09:43 And has been running was confirmed by the business website
11:09:46 that was visited on January 5, 2014.
11:09:50 Despite advertising expertise and residential concerning
11:09:53 zoning matters the business owner failed to get the required
11:09:56 special use permit to operate a home operation inure
11:10:02 single-family residential neighborhood.
11:10:03 She did not make application until after cited.
11:10:08 Nowhere about an innocent slip or innocent mistake or slip
11:10:11 of the tongue.
11:10:11 We are here to support the zoning administrator's decision
11:10:14 to deny the special use permit.
11:10:17 It was the correct one.
11:10:19 And directly to saying that he was an employee of Patricia
11:10:24 Ortiz to city staff was not the first instance of someone
11:10:27 claiming or being reported as working.
11:10:33 From my December 21, 2015 sworn testimony to the zoning
11:10:37 administrator, and I will summarize someone overheard an
11:10:44 employee a female that worked for Patricia Ortiz.
11:10:49 Of course the observer cannot attest to what was witness
11:10:52 Ford many reasons, and I am not about to rat anyone Ute.
11:10:56 This is the important part.
11:10:57 You can dismiss my statement as Sawyer say but when it
11:11:01 happens again you and your staff will have the proof that
11:11:03 once again Ms. Ortiz has not been forthright.
11:11:06 Here we are embarrassingly wasting your time.
11:11:10 Why are we so long in getting to this point?
11:11:14 We turned in the in 2014, January 27.
11:11:20 Submit towed is the 2014 Florida LLC annual report that
11:11:24 lists her then husband as residing at 2810-B and listed as
11:11:30 an authorized member of the firm that may not mean that they
11:11:33 are directly a paid employee, but when I wrote Tallahassee
11:11:38 to check on the definition it definitely means they are able
11:11:41 to legally represent the business.
11:11:43 The code allows immediate family members to be employees.
11:11:48 This person was not residing here. This was also attested
11:11:52 to strongly by our neighborhood catch watch captain who has
11:11:57 not seen him here that Ms. Ortiz was period clip there from
11:12:01 2013 and 14 but not observed in 2015.
11:12:06 I'm going to skip right to our conclusion.
11:12:11 This person does -- I also want to go back because she made
11:12:14 an instance of the land use -- of the business and
11:12:17 occupational tax again.
11:12:19 She did not apply for them until she was called out as part
11:12:22 of our research of supporting our notice to the city with a
11:12:26 chain of evidence that she did not have those licenses until
11:12:30 I visited and turned in the information to both Mr. Cappy
11:12:34 with the City of Tampa and Hillsborough County, that she
11:12:38 would come into compliance and they were good to their word.
11:12:42 In concluding to quote Maya Angelo, when somebody shows you
11:12:46 who they are believe them. This applicant has shown who she
11:12:48 is many times.
11:12:49 Her application information, and there is a pattern of
11:12:52 disregard for complying with the codes and practices unless
11:12:57 being called out or cited.
11:13:01 The citizens show too who they are.
11:13:03 Yet we rarely believe that the system favors the violator,
11:13:07 not those who work tirelessly to improve their neighborhood.
11:13:09 We are looking to you to uphold and enforce city code.
11:13:13 If you do not provide us any of this matter particularly the
11:13:16 code.
11:13:16 This is a question we ask all the time.
11:13:19 Our density is constantly increasing due to city reinstating
11:13:23 long last duplex uses.
11:13:26 The duplex use according to life-long resident Martha
11:13:31 Fernandez, and now is presenting evidence to put on another
11:13:34 layer of more intensive land use on top of a nonconform
11:13:39 duplex already allowed.
11:13:40 (Bell sounds)
11:13:41 Please believe the evidence and the zoning administrator's
11:13:43 decision at hand to --
11:13:46 >>MIKE SUAREZ: I would ask you to just --
11:13:49 >> Thank you for your consideration.
11:13:50 >>MIKE SUAREZ: I appreciate it.
11:13:51 I want to give you a little extra time to get caught up
11:13:56 here.
11:13:56 Is there any questions from council, staff, or petitioner at
11:14:00 this moment?
11:14:02 Go ahead.
11:14:02 >>HARRY COHEN: I would like to ask a question of Ms.
11:14:05 Moreda, if she would come to the mike.
11:14:12 Sometimes when we are sitting up here and these types of
11:14:15 disputes arise, it's difficulties for us to entirely
11:14:18 understand what the conflict is actually about.
11:14:24 And it seems just from what I have heard, I'm having
11:14:28 difficulty understanding -- I understand the issues that
11:14:33 were made of certain violations of process, but is there an
11:14:38 objection being raised about the use?
11:14:42 What is this ultimately about in, your view?
11:14:46 >>GLORIA MOREDA: In my view, the request before you is a
11:14:49 home occupation, and the code does set limits as to the
11:14:53 intensities for those home occupations.
11:14:57 One of them being that there are no employees outside the
11:15:01 immediate family members that reside on the property.
11:15:04 Knowing the history of this property, and knowing the
11:15:07 concerns of the neighborhood, you know, when all of a sudden
11:15:13 someone presents documents to us and represents themselves
11:15:16 as the employee of the applicant, I, at that point, said,
11:15:23 you know, it's really not for me to call you lying here or
11:15:33 misspeaking or misrepresenting or whatever.
11:15:36 I felt -- I denied the request. This is going to be at a
11:15:38 public hearing where there is sworn testimony presented to
11:15:42 council, and then council can evaluate, you know, whether or
11:15:46 not this is an appropriate use of the property.
11:15:50 The applicant has said that she is asking for a waiver to
11:15:54 allow for that employee.
11:15:56 Whether or not the intensity that is being presented to you,
11:16:01 other aspects of this use, seem to be in line with what a
11:16:05 home occupation is, to me a home occupation is one where
11:16:09 there should be no impact to the neighborhood, there should
11:16:12 be no unusual amount of traffic, no disturbances, no loud
11:16:18 equipment.
11:16:19 It's used in the home.
11:16:22 I think the business that is being proposed here meets all
11:16:25 those conditions except for the one related to employees.
11:16:32 >>HARRY COHEN: When I am listening to the public comment,
11:16:37 against the application, it seemed to me it was based on
11:16:43 some issues that may have taken place regarding the proper
11:16:46 permits and the proper paperwork being filed.
11:16:51 Do you know, is there any history of actual disturbance in
11:16:55 the neighborhood as a result of the existence of the
11:16:58 business?
11:17:01 >>GLORIA MOREDA: Not that I am aware of, no.
11:17:03 >>HARRY COHEN: Thank you.
11:17:05 >>MIKE SUAREZ: Any other questions of staff?
11:17:06 Mr. Miranda.
11:17:07 >>CHARLIE MIRANDA: I would like to ask if petitioner.
11:17:11 >>MIKE SUAREZ: Petitioner, if you could come forward.
11:17:13 >>CHARLIE MIRANDA: Ms. Ortiz, at any time from today back
11:17:25 was this individual an employ? He.
11:17:27 >> No.
11:17:28 >> Have you ever written him a check at all?
11:17:30 >> No.
11:17:30 >> Have you ever given him any money as an employ? He.
11:17:33 >> As an employee,.
11:17:35 No I have given him some money to go to the grocery store
11:17:37 but as an imply he, never.
11:17:39 >>CHARLIE MIRANDA: What is he?
11:17:45 >> He's a manager.
11:17:47 >>CHARLIE MIRANDA: He's currently employed?
11:17:50 >> Yes.
11:17:52 >>MIKE SUAREZ: Any other questions before we have rebuttal?
11:17:56 Ms. Ortiz, according to what the home occupation definition
11:18:01 is, even if your ex-husband, Mr. Ortiz, had been a member of
11:18:07 your company, it still would be qualified under the
11:18:10 professional services part of it.
11:18:11 That's the way I read it, at least.
11:18:13 But here is the question I do have.
11:18:15 As part of your annual report, you have a current mailing
11:18:19 address of Valrico, then you have the current principal
11:18:23 place of business as Central Avenue.
11:18:24 And here is the confusing part.
11:18:27 Your address is listed as Valrico.
11:18:29 His address is listed as central Ave.
11:18:32 And I'm a little confused about that.
11:18:33 >> I'm sorry about that.
11:18:34 It's just a mistake.
11:18:35 I used to live in Valrico with my husband before we
11:18:38 separated.
11:18:40 His name is on the business because we are married.
11:18:44 It was on the business.
11:18:46 >>MIKE SUAREZ: Here is the question, though.
11:18:48 If there is a principal place of business was always Central
11:18:50 Avenue then, was Mr. Garcia also a planner?
11:18:56 >> No.
11:18:57 The place of the business was born when I lived in Valrico.
11:19:02 My husband and I separated.
11:19:04 And I started living --
11:19:07 >>MIKE SUAREZ: I understand that part of it but follow my
11:19:10 reasoning here, which is you have listed Mr. Ortiz's address
11:19:15 Central Avenue, your address as Valrico in 2014.
11:19:18 When you created the business or when you paid this
11:19:24 particular -- I guess your limited liability company annual
11:19:28 report.
11:19:29 So I just don't understand were you doing business out of
11:19:32 the Central Avenue location at that time?
11:19:36 >> In two thousand --
11:19:41 >> This is 2014.
11:19:42 >> In 2013 I moved to Central Avenue.
11:19:45 I believe that's just an error on the Articles of
11:19:47 Incorporation, because I had previously lived in Valrico.
11:19:51 Then I moved to Central Avenue.
11:19:57 >>MIKE SUAREZ: It wouldn't be an error.
11:19:58 It would be that you actually changed to change your
11:20:01 address.
11:20:04 This is an official document from the state.
11:20:06 And it just has a mailing address from Valrico and Carmella
11:20:10 drive and then a place of business of Central Avenue.
11:20:13 And so if you have always been doing business there at
11:20:17 Central Avenue, and you had this other address listed, it
11:20:22 wouldn't have qualified at that time for what we are looking
11:20:25 at here.
11:20:25 >> When I lived in Valrico, and then I moved.
11:20:31 And when it says current mailing address, Valrico, that's my
11:20:38 estranged husband still lives at this address.
11:20:41 It's an oversight.
11:20:42 I don't not what else to say about it.
11:20:46 I have property ownership of the home in Valrico.
11:20:53 >>MIKE SUAREZ: So you had moved to Central Avenue after
11:20:56 starting business.
11:20:57 >> After starting business.
11:20:58 >>MIKE SUAREZ: And Mr. Ortiz your ex-husband was no longer
11:21:03 part of the business at that time?
11:21:04 >>MIKE SUAREZ: I.
11:21:06 >> I did not remove Mr. Ortiz's name from the business until
11:21:09 I think 2015.
11:21:11 We had some personal issues to sort out.
11:21:12 But Mr. Ortiz --
11:21:18 >>MIKE SUAREZ: And I apologize for asking these specific
11:21:22 questions.
11:21:22 I wouldn't otherwise except that part of the reasoning
11:21:25 behind some of the denial is whether or not family members
11:21:29 were there or are there as part of the business.
11:21:32 And if you have someone that works for you who is not a
11:21:34 family member.
11:21:35 And the reason I was asking is if your ex-husband was not
11:21:41 part of the business but other as a managing men of your LLC
11:21:46 according to this paperwork, I can't understand the
11:21:48 disconnect there as to were you running the business there
11:21:51 and living in Valrico or otherwise?
11:21:53 That's the only thing I was asking.
11:21:55 >> I had the business when, and my husband and I separated.
11:22:06 He sometimes came to visit me in Tampa.
11:22:09 We were trying to work things out.
11:22:11 >>MIKE SUAREZ: I got it.
11:22:12 Again we are just talking about the business here.
11:22:14 Okay.
11:22:14 >> I'm not sure I am following your reasoning, but as an
11:22:19 immediate family members member I don't see a problem.
11:22:22 >>MIKE SUAREZ: There is no problem.
11:22:23 The question is, you were doing business at Central Avenue.
11:22:26 You were living at Central Avenue at that time.
11:22:28 The only problem I had was the address from Valrico.
11:22:32 I believe you answered it when you said it was an oversight
11:22:35 on your part.
11:22:36 If that's the only thing that it was.
11:22:38 Now, I don't have anything updated from the Secretary of
11:22:39 State to find out how the you filed last year or this year
11:22:42 and I am not asking that question now.
11:22:46 I am going to go to Ms. Montelione next and then Ms. Capin
11:22:50 has a question.
11:22:51 >>LISA MONTELIONE: You just pointed out at the end of that
11:22:53 what I was going to point out that this is January 25014, an
11:22:57 annual report, so we don't have 15, we don't have 16.
11:23:01 I don't know why we won't have it the 15 or 16.
11:23:04 But if this is being put forth by the person who is opposed
11:23:09 to the business, that may be a reason why we don't have the
11:23:13 15 or the 16, and, you know, it would seem to me that
11:23:21 whoever filled out the online form maybe when they did the
11:23:25 2014 filing transposed the addresses, that the address was
11:23:34 supposed to be Valrico and Patricia's address was supposed
11:23:37 to be central which when you are filling out the online form
11:23:41 is pretty easy to make that transposition.
11:23:44 >>MIKE SUAREZ: I just wanted to ask the question I did.
11:23:46 Any other questions of the petitioner before she begins her
11:23:48 rebuttal?
11:23:49 Ma'am?
11:23:50 >> We think alike.
11:23:58 >>YVONNE CAPIN: [Off microphone.]
11:24:01 And filing the papers with the state, this year, someone
11:24:05 else -- someone with the State of Florida.
11:24:17 [Off microphone.]
11:24:19 I understand Mr. Miranda's questions.
11:24:27 They are very pertinent to my looking at this.
11:24:33 And I can see where you are saying -- it does happen.
11:24:42 Medical records, sales tax for two years Congress -- coming
11:24:48 to the wrong -- so this year, if you have a nonfamily member
11:24:57 working at Central Avenue.
11:25:00 Mr. Miranda asked that.
11:25:03 So thank you.
11:25:04 That's all I have.
11:25:07 Write didn't very much my microphone on but I hope they
11:25:12 picked it up.
11:25:14 >>MIKE SUAREZ: If you have any other comments concerning
11:25:16 rebuttal?
11:25:17 >> Yes, a couple.
11:25:19 >>MIKE SUAREZ: I apologize, Mr. Miranda.
11:25:23 >>CHARLIE MIRANDA: I hadn't finished.
11:25:24 Your business started in Valrico.
11:25:25 >> Yes.
11:25:26 >>CHARLIE MIRANDA: Does the county require you to have a
11:25:30 home occupation license in Valrico?
11:25:33 >> I don't reside in Valrico anymore.
11:25:35 >>CHARLIE MIRANDA: No, in a, but when you lived in Valrico,
11:25:39 you had that business in Valrico.
11:25:41 Did you have a home, occupation license from the county at
11:25:44 that time?
11:25:46 >> I did not have a business occupation from the county
11:25:49 until 2015 when I knew that I needed it.
11:25:55 As soon as I was cited by code enforcement for not having a
11:25:59 business license, I got one.
11:26:02 And running the business --
11:26:08 >>CHARLIE MIRANDA: I understand all of that.
11:26:09 I just asked a simple question, your business started in
11:26:13 Valrico.
11:26:14 I don't know the county laws.
11:26:16 I assume they have a homeowner occupation license.
11:26:18 My only question is, at the time you started your business,
11:26:21 you conformed to the county, if they had one, I don't know.
11:26:25 >> They do.
11:26:27 They do.
11:26:30 To run a business in the county you are required to have
11:26:32 alloy sense in the county.
11:26:33 When you run a business in the city you are required to have
11:26:35 one in the city and in the county.
11:26:38 And when I became aware that these licenses were required --
11:26:46 I'm a consultant.
11:26:48 I sell intellectual property.
11:26:50 I don't sell merchandise.
11:26:51 When I became aware these items were required, I immediately
11:26:54 went and did what was required.
11:26:59 So I have my Articles of Incorporation.
11:27:03 I have business tax license that's current.
11:27:06 And I have a county tax license that's current.
11:27:08 >>CHARLIE MIRANDA: Thank you, Mr. Chair.
11:27:13 >> May I have?
11:27:15 I have a couple of things in rebuttal.
11:27:17 Mrs. McCann stated she lives at 2810 north Central Avenue.
11:27:20 She does not.
11:27:23 We have been cited for code enforcement violations on the
11:27:27 property.
11:27:27 I don't own the home, but the home has been under renovation
11:27:33 for some time.
11:27:34 And there have been some issues with code enforcement.
11:27:42 They have all been amended.
11:27:45 Once we are aware of the problem, we worked with code
11:27:47 enforcement to fix those problems.
11:27:51 The landlord lives in California.
11:27:53 The owner of the property lives in California.
11:27:56 And he has been has done a wonderful job of renovating this
11:28:00 home, done it all out of pocket.
11:28:03 He had to take out a second mortgage to do these
11:28:07 renovations.
11:28:08 It's been expensive and time consuming.
11:28:10 But if you were to look -- perhaps could you look at Google
11:28:15 images over time, you will see that within the last five
11:28:17 years, tremendous efforts have been made to improve this
11:28:21 property.
11:28:23 It is beautiful.
11:28:28 Happy to live there, happy to be part of the neighborhood,
11:28:30 and it is it is unfortunate that at times code enforcement
11:28:34 was called because someone had issue with things that were
11:28:43 going on.
11:28:43 But those violations have been amended as quickly as
11:28:48 possible.
11:28:49 And we feel that we are good neighbors.
11:28:53 We feel that until this issue was brought up until the home
11:28:57 occupation, nobody knew I was run running my office in my
11:29:04 home because the impacts are negligible.
11:29:07 With that, I will stand for questions and end my discussion.
11:29:14 >>MIKE SUAREZ: Any other questions or comments by council?
11:29:18 Okay.
11:29:20 I have a motion to close by Mr. Cohen.
11:29:22 A second from Mrs. Montelione.
11:29:24 All in favor of that motion please indicate by saying aye.
11:29:27 Any opposed?
11:29:27 Thank you.
11:29:28 What is the pleasure of council?
11:29:29 >>LISA MONTELIONE: I move to overturn the decision of the
11:29:36 zoning administrator and approve the applicant's -- approve
11:29:40 the applicant's --
11:29:44 >>HARRY COHEN: Second.
11:29:46 >>LISA MONTELIONE: -- special use application.
11:29:51 >>YVONNE CAPIN: Second, but I want to say to our zoning
11:29:54 administrator that I understand her motivation and why she
11:29:58 did this, and I appreciate it.
11:30:00 Thank you.
11:30:00 >>LISA MONTELIONE: I will put on the record the reasons why
11:30:05 S.that why you are raising your question are?
11:30:07 >>MARTIN SHELBY: No, the code provision with regard to
11:30:09 employees.
11:30:11 Is it as the code is written?
11:30:13 Is that the question?
11:30:15 >>LISA MONTELIONE: I would move to grant the waiver.
11:30:17 If he's going to run errands for her every once in a while.
11:30:20 >> I'll second it.
11:30:22 >>MIKE SUAREZ: Motion from Ms. Montelione.
11:30:25 Second by Ms. Capin.
11:30:26 All in favor of that motion say aye.
11:30:28 Opposed?
11:30:28 >>CHARLIE MIRANDA: Nay.
11:30:30 >>THE CLERK: [Off microphone.]
11:30:38 >>MIKE SUAREZ: Day.
11:30:38 Next up.
11:30:39 Number 69.
11:30:41 >>GLORIA MOREDA: Land development.
11:30:42 This is special use 1-16-15.
11:30:46 It is property located at 4211 west Jetton Avenue.
11:30:51 The applicant is Shirley tries and take Mel a ROEHN for an
11:31:06 extended family residential.
11:31:08 They are requesting a waiver to allow for the new house to
11:31:10 have a reduced front setback from 25 feet to 22 feet 6
11:31:18 inches as well as a rear setback from 20 feet to 13 feet 7
11:31:25 inches.
11:31:26 The code limits the extended family residence to 600 square
11:31:34 feet.
11:31:34 They are proposing it to be at 556.
11:31:38 It is the mother of the property owner that will be
11:31:42 residing.
11:31:51 I do have the site plan.
11:31:57 This has the design of the new house after the needed
11:32:02 waivers.
11:32:02 And I will leave it to council to decide whether it's
11:32:04 appropriate.
11:32:12 >>MIKE SUAREZ: Okay, petitioner?
11:32:13 >> Thomas J. welling, 4422 west Culbreath Avenue, Tampa.
11:32:32 I'm the agent for Shirley S. TRICE and Tamela ROEHN.
11:32:43 I am Shirley's son-in-law and Tamela's husband.
11:32:50 Asking for an extended use family residence under 27-132.
11:32:57 The zoning hearing found the petition satisfied all the
11:33:02 requirements of an extended family residence save one, and
11:33:05 that one is that the structure that we have designed,
11:33:08 because of the grand tree, needs two slight, what we
11:33:14 consider to be slight, variances in thesets setback.
11:33:17 The code does not give the zoning administration an
11:33:21 exception for any variances to have the building come into
11:33:24 compliance.
11:33:25 And I would like to show you why we think we are entitled
11:33:28 to -- I shouldn't say entitled but we should be granted an
11:33:32 exception or a waiver for those two easements.
11:33:35 This is -- Mrs. TRICE turned 80 last month.
11:33:41 She bought the house on Jetton in 2012 shortly after the
11:33:45 death of her husband.
11:33:46 The house has continued to age.
11:33:49 Some of the roof needs probably some work.
11:33:51 Some mechanical needs some work.
11:33:53 But also it's difficult because there are differences in
11:33:56 levels in the house to get around, and washer and drier are
11:34:00 in the old garage.
11:34:01 So she would like to downsize.
11:34:02 She would also like -- living in a home by herself which is
11:34:07 a three bedroom home and update to a senior-friendly home
11:34:10 where she can live independently without assistance but
11:34:13 still have privacy in an extended family residence.
11:34:15 And we think that's really what the extended family
11:34:18 residence should be for, for typically what's called a
11:34:25 Miami's suite.
11:34:27 Ms. Roehn and I would like to retire in Tampa.
11:34:32 We lived in Beach Park and we love it.
11:34:36 Jetton is right around the corner from our house. We would
11:34:39 like to build a single story home.
11:34:43 Mrs. Trice likes her neighborhood, to make it not only nice
11:34:48 for us for independent living but with our assistance and to
11:34:51 give her support and the privacy that she needs, and to
11:34:54 combine all those goals together, and what we would like to
11:34:57 do is demo the existing structure on Jetton, build a low
11:35:01 profile senior home which is -- single-family home which
11:35:06 with a mother-in-law suite and to still build our home in
11:35:11 Beach Park.
11:35:12 There's only two words, we have a grand oak on the western
11:35:15 boundary of the property.
11:35:17 We want to give it the 20-foot barrier that it needs.
11:35:20 And we also have an oak in the front yard that we want to
11:35:26 protect.
11:35:26 It's not a protected the oak but we want to protect it.
11:35:29 There's a Magnolia in the front yard we want to keep.
11:35:32 With that design requirement and still trying to deep the
11:35:35 single story house with a low profile we would like to have
11:35:39 those two variances
11:35:42 I do not know enough to operate an Elmo.
11:35:47 I have a presentation I can give.
11:35:51 I think the reasonableness of what we are requesting can be
11:35:55 seen in two factors.
11:35:56 We gave notice to 36 neighbors and two organizations.
11:35:59 There was no opposition.
11:36:00 With respect to this petition, we have filed with you, I put
11:36:05 it in the office on Monday afternoon, letters from seven of
11:36:07 the contiguous neighbors around the house, who six of them
11:36:12 have written a letter supporting our petition, and one wrote
11:36:16 a letter saying they have no objection to the.
11:36:18 So if I could, I have a little binder that I would like to
11:36:23 give each of you to walk you through what we plan to do.
11:36:41 I am glad to answer any questions that you may have.
11:37:07 >>MIKE SUAREZ: Ms. Capin, off question.
11:37:10 >>YVONNE CAPIN: Yes.
11:37:11 The extended family residence falls within that 600 square
11:37:14 feet requirement.
11:37:15 The only waiver that is being asked is the setback.
11:37:18 >> Correct.
11:37:19 Two and a half feet in the front so we can put a wheelchair
11:37:22 ramp in the garage.
11:37:23 And close to 6 feet, maybe a little over 6 feet in the back
11:37:27 so that we can configure the mother-in-law suite bedroom to
11:37:31 be a normal size bedroom that she would have a dining room
11:37:34 or kitchenette, dining room, study area, normal size.
11:37:40 >>YVONNE CAPIN: This is Beach Park association where my
11:37:41 daughter lived and I hope so much day she will love me with
11:37:47 a residence since I am a widow.
11:37:49 I'm good.
11:37:50 Thank you.
11:37:51 >>MIKE SUAREZ: Any other questions by council or the
11:37:54 applicant?
11:37:55 Is there anyone in the public that would like to make a
11:37:57 comment on item number 69?
11:37:59 69.
11:38:00 File E-2016-8 chapter 27.
11:38:03 >>CHARLIE MIRANDA: Move to close.
11:38:05 >> Second.
11:38:06 >>MIKE SUAREZ: Motion by Mr. Miranda.
11:38:08 Second by Mr. Cohen.
11:38:08 All in favor of that motion?
11:38:10 Any opposed?
11:38:11 Thank you.
11:38:12 Mr. Maniscalco, I believe you are next on item number 69.
11:38:15 >>GUIDO MANISCALCO: Thank you very much.
11:38:28 I would like to move that we overturn the decision of the
11:38:31 zoning administrator and grant the petitioner the request as
11:38:36 well as the waivers of the setback.
11:38:43 >>MIKE SUAREZ: We have a motion by Mr. Maniscalco.
11:38:50 We have a motion from Mr. Maniscalco.
11:38:52 Second from Mrs. Montelione.
11:38:54 All in favor of that motion please indicate by saying aye.
11:38:57 Any opposed?
11:39:01 >>YVONNE CAPIN: You can start building now.
11:39:06 >>MIKE SUAREZ: Well, thank you.
11:39:08 Thank you for attending.
11:39:09 Terrific.
11:39:12 I think that clears the rest of the agenda.
11:39:14 Mr. Cohen, you have a question?
11:39:16 >>HARRY COHEN: Actually, we did hear from staff that they
11:39:19 would like to move the Julian B. lane items which are, I
11:39:23 believe, 11, the 12 and 13 to our May 5th meeting at
11:39:28 9:00 a.m.
11:39:29 >>MIKE SUAREZ: I have a motion to move those items to May
11:39:33 5th at 39 a.m. under staff reports.
11:39:35 >>MARTIN SHELBY: Is it under staff?
11:39:39 >>HARRY COHEN: That's where it is because it's over a
11:39:41 million dollars.
11:39:43 >>MIKE SUAREZ: I have a motion by Mr. Cohen, second by Mr.
11:39:46 Miranda.
11:39:47 All in favor of that motion please indicate by saying aye.
11:39:49 Any opposed?
11:39:51 Okay.
11:39:52 Next up, information reports and new business.
11:39:55 Mr. Miranda.
11:39:55 >>CHARLIE MIRANDA: Thank you very much.
11:39:58 I have two.
11:39:58 One is we put on the calendar for the last meeting in
11:40:02 December, whatever date that is, that the parking issue that
11:40:07 was presented to us today for the final update on all city
11:40:10 parks that -- parking lots that will meet the requirements,
11:40:15 and I hope there's a total of all the land that we own for
11:40:18 parking.
11:40:20 >>MIKE SUAREZ: Motion by Mr. Miranda.
11:40:23 A second by Mr. Cohen.
11:40:25 All in favor of that motion please indicate by saying aye.
11:40:28 Any opposed?
11:40:29 Okay.
11:40:29 >>CHARLIE MIRANDA: The second one is that we as a
11:40:33 legislation next year, those individuals, that the chairman
11:40:37 meet with Janet Cruz to see if we can solve the issues on
11:40:40 the tags, maybe the legislature can do something to save
11:40:46 these people.
11:40:46 It's not in all instances but the most instances the people
11:40:53 that can least afford these things that are being targeted
11:40:56 and the direction you need to meet with Ms. Cruz to see if
11:41:00 she can do something in the legislature to pass a law to at
11:41:03 least make sure that that tag is really expired with.
11:41:09 >>MIKE SUAREZ: Motion by Mr. Miranda.
11:41:10 I have a second by Mr. Cohen.
11:41:11 All in favor of that motion please indicate by saying aye.
11:41:14 Any opposed?
11:41:15 Mr. Miranda.
11:41:15 Anything else?
11:41:16 >>CHARLIE MIRANDA: That's it.
11:41:19 >>YVONNE CAPIN: The stormwater came up, and I actually met
11:41:23 with Mr. Baird and Sonya Little, and our chief of staff, and
11:41:31 at that point I asked them a question about our stormwater,
11:41:36 to Brad Baird, and my question is this.
11:41:39 I have lived in the City of Tampa my entire life.
11:41:43 We know -- we know with just an afternoon hard rain, streets
11:41:49 that will flood.
11:41:51 We know that.
11:41:52 We know where they are at.
11:41:53 They do every single time.
11:41:58 And even if we approve the stormwater assessment tomorrow,
11:42:04 these streets are still going to flood until another time
11:42:08 and maybe even after that H.but here is the thing.
11:42:12 What happened this past summer, I received from some
11:42:19 constituents that the -- and when I said to Brad Baird, the
11:42:24 chief of staff indicated that what I asked about was exactly
11:42:27 what the administration is working on.
11:42:29 I would like a report on it.
11:42:30 And what it is is a recap on the communication and how to
11:42:38 improve it to the public.
11:42:40 In other words, there are rains, X amount of rains are being
11:42:45 predicted or projected.
11:42:46 That's on the news everywhere. We know what streets flood.
11:42:50 We should have a map on our CTTV indicating these streets
11:42:58 may flood, they may be closed, detours.
11:43:04 I think it's a public service and they are working on it.
11:43:10 I would like to see how they plan to improve the system of
11:43:15 notifying.
11:43:16 The other thing was, sandbags were being offered after the
11:43:24 rains started.
11:43:25 We knew this rain was coming.
11:43:28 There are sandbags, okay, they are available at such and
11:43:30 such a place so people can get ready for this.
11:43:33 So I would like to have the administration, Brad beard --
11:43:41 our chief of staff is the one that indicated they were
11:43:43 working on it, so whoever is working on it to come and
11:43:46 report to us what they plan on doing to preempt this,
11:43:50 because it is a known -- we know what streets are going to
11:43:54 flood.
11:43:55 That is a given.
11:43:55 >> I'll second.
11:43:59 May 19th under staff reports?
11:44:02 >>YVONNE CAPIN: That will be fine.
11:44:04 >>MIKE SUAREZ: Motion from Ms. Capin.
11:44:06 Second by Mr. Cohen.
11:44:06 Before we go into discussion, Mr. Shelby, off comment to
11:44:10 make?
11:44:10 >>MARTIN SHELBY: For purposes of clarity you mentioned
11:44:14 preempt.
11:44:15 Can you state clearly what you want the direction --
11:44:20 >>YVONNE CAPIN: I am.
11:44:21 >>MARTIN SHELBY: I New York City but in terms, in summary
11:44:25 for the clerk's motion what direction do you want to ask the
11:44:28 staff to come back to do?
11:44:32 >>YVONNE CAPIN: I want the staff to come and report.
11:44:34 When I spoke to our chief of staff and he said we are
11:44:37 working on what I mentioned was to recap how they are going
11:44:45 improve the communication strategies, and the information to
11:44:48 the public, how are they going to let the public know what
11:44:53 streets are flooding, with what amount of rain?
11:44:56 And they know what amount of rain drops in order for the
11:44:59 street to flood.
11:45:00 That I'm is pretty sure of.
11:45:07 So any information if they are working on either a map or
11:45:11 warning in place.
11:45:13 And it really would be simple because they always flood.
11:45:16 So you only have to put one map one time.
11:45:19 These streets here.
11:45:21 And that's it.
11:45:22 I want to the know what they are doing about the flooding
11:45:26 situation and the notification to the public.
11:45:27 >>HARRY COHEN: And I second it for May 19, 9 a.m. under
11:45:34 staff reports.
11:45:35 >>MIKE SUAREZ: Ms. Montelione, I believe you wanted to say
11:45:37 something during this item?
11:45:40 >>LISA MONTELIONE: Yes, a couple of things because I had
11:45:42 personal experience when my street flooded and north Tampa
11:45:46 floods a couple years ago.
11:45:48 That was astounding to me that they didn't have sandbags
11:45:50 available until like after a named storm and the mayor gave
11:45:54 approval, and I think at that time the mayor was out of town
11:45:58 or something, and I was astounded that sandbags weren't
11:46:05 available.
11:46:06 So I know they did change the availability window of when
11:46:09 sandbags are going to be available.
11:46:10 But the communication is not the best.
11:46:16 I can tell you also Alert Tampa, if you are a member of the
11:46:20 Alert Tampa, they will push out when they have the sandbags
11:46:25 available, and at which locations they are available.
11:46:27 But I also know that there aren't a lot of people signed up
11:46:30 for Alert Tampa so we don't have a big push ever
11:46:33 communication to get people to sign up for that service.
11:46:37 >>YVONNE CAPIN: I understand that.
11:46:40 But the point is Alert Tampa didn't put it out until after
11:46:42 the rain.
11:46:43 And we know the rain is coming.
11:46:44 >>LISA MONTELIONE: Yes, yes, the communication has not been
11:46:47 the best.
11:46:49 >>YVONNE CAPIN: But thank you for that.
11:46:50 We need to get more people --
11:46:52 >>LISA MONTELIONE: Yes, we do, we need to get more people
11:46:54 signed up for Alert Tampa.
11:46:57 >>MIKE SUAREZ: Any other discussion on that new business
11:46:59 item?
11:47:00 If not all in favor say aye?
11:47:05 I said YAY the wrong way.
11:47:10 >>YVONNE CAPIN: That's it.
11:47:10 Thank you very much.
11:47:11 >>MIKE SUAREZ: Any new business?
11:47:13 >>HARRY COHEN: No.
11:47:14 >>GUIDO MANISCALCO: No, sir.
11:47:16 >>MIKE SUAREZ: Ms. Montelione?
11:47:17 >>LISA MONTELIONE: Yes, actually.
11:47:20 Two public service announcements and one item of
11:47:22 clarification.
11:47:24 >>MIKE SUAREZ: It would not be a regular meeting if we did
11:47:25 not have a public service announcement.
11:47:28 >>LISA MONTELIONE: So the public service announcements
11:47:30 first.
11:47:31 Tonight at World of Beer on Fowler Avenue, Sam Schwartz will
11:47:36 be there signing for a book signing for his book called
11:47:42 street smart.
11:47:42 It's very relevant and very timely, subtitled the rise of
11:47:47 cities and the fall of cars.
11:47:49 So there is a registration.
11:47:51 You can go online at the Tampa innovation alliance website.
11:47:56 It is tonight.
11:47:56 Fowler Avenue World of Beer from 5:30 to 7:00.
11:48:00 There is also on Saturday a conference on human rights at
11:48:06 U.T, 11:00 on Saturday.
11:48:10 So two more things.
11:48:11 I will be attending.
11:48:13 And look forward to them.
11:48:15 And tonight I will be in two places at once because the
11:48:18 transformation dinner is tonight.
11:48:22 And that is for the community Tampa Bay is holding their
11:48:27 annual fund-raiser tonight.
11:48:29 So I know Mr. Cohen, you used to sit on the board of
11:48:32 community Tampa Bay.
11:48:33 >>HARRY COHEN: And I would be thrilled to be at that din
11:48:38 ferry didn't have a dinner with the Tampa transportation
11:48:43 board.
11:48:43 >>LISA MONTELIONE: Well, I wasn't calling you out there.
11:48:47 >>MIKE SUAREZ: Any other items?
11:48:48 >>LISA MONTELIONE: So this is a clean up of item number 4
11:48:51 from today's agenda.
11:48:52 So I am going to move to direct the legal department to
11:48:56 draft that amendment to the City of Tampa ethics code to,
11:49:00 one, make the definition of lobbyist and lobbying to be
11:49:04 consistent with Hillsborough County ordinance 16-1.
11:49:08 Two, create a revised list of affected city personnel to
11:49:12 whom the lobbying rules pertain.
11:49:14 Three, adopt the requirements that lobbyists register
11:49:17 annually with Hillsborough County pursuant to their newly
11:49:20 adopted process.
11:49:21 Four, for staff to work -- have legal department work with
11:49:26 the city staff and the department of technology and
11:49:29 innovation to create a web-based sign-in for lobbyists
11:49:34 meeting and a link from the city web page for the lobbyist
11:49:38 registration page at Hillsborough County.
11:49:40 Five, impose penalties similar to those adopted by
11:49:43 Hillsborough County.
11:49:44 Six, designate the city's ethics officers to monitor
11:49:48 compliance and enforcement to city retaining all penalties
11:49:53 collected.
11:49:54 Seven, create an appeal process utilizing the City of Tampa
11:49:57 ethics code.
11:49:59 And that is to be brought back as an ordinance under staff
11:50:02 reports at the May 19th meeting.
11:50:07 And madam clerk, it is clearly written out for you,
11:50:11 clarification of those items, the agenda item that already
11:50:14 appeared on today's agenda.
11:50:17 >>MIKE SUAREZ: Terrific.
11:50:17 We have rah by Mrs. Montelione.
11:50:20 Do we have a second?
11:50:22 We have a second by Mr. Cohen.
11:50:25 Our lawyer wants to say something just.
11:50:28 >>MARTIN SHELBY: Just a clarification.
11:50:29 I believe you said appeals process using the City of Tampa's
11:50:32 ethics code.
11:50:33 >>LISA MONTELIONE: Oh, ethics commission, to read it into
11:50:35 the record properly.
11:50:38 >>MIKE SUAREZ: We have a motion by Mrs. Montelione.
11:50:40 Second by Mr. Cohen.
11:50:41 All in favor of that motion?
11:50:42 Any opposed?
11:50:44 Thank you very much.
11:50:44 Anything else, Ms. Montelione?
11:50:46 >>LISA MONTELIONE: No, sir, that is all.
11:50:48 >>MIKE SUAREZ: I just have one item.
11:50:49 Before I go forward -- hang on a second.
11:50:53 It is the appointment for the outside boards of commission.
11:50:56 I am going to ask Mr. Cohen to receive and file that.
11:50:58 In addition, we have two other, I guess, substitute
11:51:03 resolutions.
11:51:05 The actual resolutions.
11:51:07 Terrific.
11:51:07 We need those received and filed then.
11:51:10 To approve them.
11:51:10 >>HARRY COHEN: I'll make a motion to approve both the two
11:51:14 appointments as well as receive final adoption.
11:51:17 >>MIKE SUAREZ: Had seconded by Mrs. Capin.
11:51:20 All in favor say aye.
11:51:21 Any opposed?
11:51:22 Thank you.
11:51:22 All right.
11:51:23 Is there anyone in the public that would like to speak at
11:51:25 this moment?
11:51:25 I see no one.
11:51:27 I need a motion to receive and file.
11:51:29 >>LISA MONTELIONE: So moved.
11:51:31 >>MIKE SUAREZ: Motion by Ms. Montelione.
11:51:33 Seconded by Mrs. Capin.
11:51:34 All in favor of that motion say aye.
11:51:37 If there is nothing else before council, we are adjourned.
11:51:40 Thank you
11:51:40 I apologize:
11:51:57 (City Council meeting adjourned.)
11:52:42
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