Tampa City Council
Thursday, August 4, 2016
9:00 a.m. Session
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09:07:01 [Sounding gavel]
09:07:02 >> Tampa City Council is now called to order.
09:07:04 The chair yields to Councilman Charlie Miranda.
09:07:08 >>CHARLIE MIRANDA: It's my pleasure this morning to
09:07:12 introduce Steve Michelini who will be is saying the prayer,
09:07:16 and he has been city employee in the past, done an
09:07:20 outstanding job for himself and his family, and it's an
09:07:23 honor to have Steve here with us.
09:07:25 Steve, I appreciate you taking the time today to be here.
09:07:30 Please rise for the invocation and remain standing for the
09:07:32 pledge of allegiance.
09:07:33 >>STEVE MICHELINI: Dear Lord, in you we place ultimate
09:07:40 faith and conviction.
09:07:41 In troubled times we look to up for guidance as a supreme
09:07:45 leader without prejudice.
09:07:47 Our leaders and citizens seek your love and your servants
09:07:52 who rely upon your wisdom, your guidance and protection.
09:07:55 We stand here today asking for your holy shield of grace to
09:07:59 protect us from the arrows of our enemy, the anger and hate
09:08:05 and sting of defeat.
09:08:06 We ask that all of our citizens be protected and live in the
09:08:10 holy life of your power and light.
09:08:13 We ask you to look over our men and women in the Armed
09:08:17 Forces, public safety and those in selfless service to all
09:08:20 in our community.
09:08:21 Bless all of those in the front lines of public and civil
09:08:24 defense, firefighters, police, teachers, doctors who serve
09:08:28 us in your name.
09:08:29 We ask for your blessings to be showered upon them and those
09:08:32 who lead us in public office.
09:08:33 We are eternally grateful for all of your gifts.
09:08:37 We pray this in your name.
09:08:38 Amen.
09:08:39 [ Pledge of Allegiance ]
09:08:52 >> Thank you.
09:08:56 Roll call.
09:08:56 >>CHARLIE MIRANDA: Here.
09:08:58 >>FRANK REDDICK: Here.
09:08:59 >>YVONNE CAPIN: Present.
09:09:01 >>HARRY COHEN: Here.
09:09:04 >>MIKE SUAREZ: Here.
09:09:06 Before we begin our ceremonial activities, I need an
09:09:09 approval of the addendum to the agenda.
09:09:12 I have a motion from Mr. Miranda.
09:09:14 Second from Mrs. Capin.
09:09:15 All in favor of that motion?
09:09:20 Yes, sir?
09:09:21 >>FRANK REDDICK: In looking at this agenda, I see that it's
09:09:25 very, very long.
09:09:25 >>MIKE SUAREZ: Yes, sir.
09:09:26 >>FRANK REDDICK: And I want to suggest to council that we
09:09:29 stop at 12 and resume at 1:30.
09:09:32 >>MIKE SUAREZ: I think that all of our stomachs will be
09:09:36 rumbling by that time so I don't think it we'll have much
09:09:38 argument from anyone.
09:09:40 Mr. Miranda, you could do the presentation for the Police
09:09:42 Officer of the Month, sir.
09:09:55 >>CHARLIE MIRANDA: Thank you, honorable chair, honorable
09:09:58 members of Tampa City Council.
09:09:59 It's my pleasure to be here this morning to make the
09:10:01 presentation for the Police Officer of the Month.
09:10:03 Officer Wayne Easley.
09:10:06 Sounds like an outfielder with the orioles.
09:10:10 (Laughter)
09:10:20 But, you know, I know that today I am wearing a
09:10:25 firefighter's uniform with a blood pressure tie for the
09:10:32 police department.
09:10:33 You have made 15 arrests in the month of January, February,
09:10:36 April and June.
09:10:37 Evidently you had May off?
09:10:40 >> March, right?
09:10:42 >>CHARLIE MIRANDA: We are really appreciative and I like to
09:10:48 do things in a humorous way because life is serious enough
09:10:51 for what you individuals do, the men and women of the police
09:10:53 department and the fire department.
09:10:54 What you do is something that gets criticized no matter what
09:10:59 side you are on.
09:11:00 And you have a hundredth of a second to make a decision.
09:11:04 And I have a lifetime of criticizing which I don't do.
09:11:09 But I appreciate all the work of the men and women both of
09:11:11 the police department and fire department.
09:11:13 And yet at times we do make mistakes.
09:11:16 I make many mistakes.
09:11:18 And I appreciate that your service to the city and it's
09:11:23 something that you do because you want to do, you love it.
09:11:26 You want to keep the streets safe, you want to make sure
09:11:30 that the kids when they go to school -- in fact, I'll tell
09:11:33 you a little story about me, officer.
09:11:35 I used to be a bad student.
09:11:37 And I didn't know English.
09:11:42 And my father was a waiter.
09:11:43 This is about the police department, not about me.
09:11:46 And I convinced the police department to come after me and
09:11:51 take me to school and convinced the police officer I would
09:11:55 stay after school if he would let me shoot a gun.
09:11:58 And he did in the alley.
09:11:59 And I made a promise.
09:12:03 So every time I see you guys, I remember things that I did
09:12:06 that were kind of goofy and crazy.
09:12:09 But it got me going and I appreciate all the things that you
09:12:12 do.
09:12:12 Not because of the 15 arrests, but because you also have to
09:12:18 be a psychiatrist, a counselor, a father, whatever society
09:12:22 has is what you men and women of the police department have
09:12:25 got to deal with.
09:12:26 And we really appreciate it very much.
09:12:29 And I will let chief Hamlin do the right thing here for you.
09:12:33 >> That's a hard act to follow.
09:12:36 We do have a policy against juvenile delinquency.
09:12:42 (Laughter)
09:12:43 >> Chief, you might want to look at the cold cases to see
09:12:53 who that person was.
09:12:54 (Laughter).
09:12:55 >> The statute of limitations.
09:12:58 >>MIKE SUAREZ: You are on fire tonight.
09:13:02 I'll tell you what.
09:13:02 >> Good morning, council.
09:13:06 On behalf of chief Eric Ward, I'm assistant Chief Hamlin.
09:13:14 What I am going to summarize what Wayne Easley has done
09:13:16 pretty much this year in 2015 but he has been doing this
09:13:19 kind of stuff since the 13 years he has been with the Tampa
09:13:21 police department and I witnessed it first hand.
09:13:23 I worked with him in the past in district 3.
09:13:25 He was responsible for the arrest of 15 prolific auto
09:13:30 thieves during in-progress calls in the first half of the
09:13:34 year.
09:13:34 For example in January with the stolen vehicle that we use
09:13:36 to break into many cars, the people, and he located the
09:13:41 vehicle and the vehicle fled, engaged in a safe pursuit and
09:13:45 resulted in the arrest of the prolific juvenile offender.
09:13:48 In February he went to a drug transaction between subjects
09:13:51 in a Cadillac and BMW.
09:13:53 He recognized the vehicle as being stolen from preparation
09:13:58 prior to his shift.
09:13:59 He tried to attempt a traffic stop.
09:14:01 The vehicle fled.
09:14:02 He coordinated with the aviation unit.
09:14:04 Set up a perimeter and they took the defendant into custody.
09:14:07 In April he conducted -- he took March off.
09:14:10 He went to Captiva Island, I think he said.
09:14:13 Mr. Miranda was quick to point that out.
09:14:16 (Laughter)
09:14:16 He conducted an initiative around juvenile offenders while
09:14:21 arriving at the home, he checked a vehicle back in that was
09:14:25 suspicious and it was stolen.
09:14:27 That vehicle took off, he engaged them in a pursuit.
09:14:30 The suspect and the passenger ran from the car.
09:14:32 He took them into custody and it was another prolific auto
09:14:36 thief.
09:14:36 In May he responded to another juvenile sitting in a Honda
09:14:41 in a lot.
09:14:42 He knew their names.
09:14:44 He gave it over the radio. This tells you what kind of
09:14:46 police officer he is.
09:14:48 He knew the bad guys before they knew he was on them and he
09:14:51 gave the names over the radio.
09:14:53 The officers responded and they were able to take that guy
09:14:56 into custody.
09:14:57 Two additional suspects were also found, and they all had
09:15:00 lengthy auto thefts and auto burglary arrest history.
09:15:03 In June he got into pursuit with a second vehicle and a
09:15:06 vehicle driving recklessly, safely immobilized technique
09:15:12 where we come up on the back of the car, put the car into a
09:15:16 spin and were able to take them, two repeat burglary
09:15:21 offenders into custody, using his contact with the
09:15:24 community.
09:15:24 In recognition of his dedication and fight against crime and
09:15:27 making Tampa definitely a safer place to live and work, he
09:15:30 has been selected as Officer of the Month for July 2015.
09:15:34 [ Applause ]
09:15:34 >>CHARLIE MIRANDA: Thank you, chief.
09:15:48 Wayne, it's our pleasure to make this commendation to you,
09:15:51 sir, for your years in service and your continuing years of
09:15:55 service and well-being of the city, because individuals like
09:15:59 982 -- that's your badge number -- and individuals like
09:16:01 yourself that work so diligently.
09:16:03 You make our city safer and a better place.
09:16:07 Thank you very much.
09:16:08 >> Thank you.
09:16:09 I appreciate it.
09:16:10 >> Good morning.
09:16:11 I'm Vinny Gericitano, Police Benevolent Association.
09:16:25 Wayne is a member of PBA.
09:16:27 We appreciate the hard work and representation you do for
09:16:29 the PBA and making us look good.
09:16:31 Chief, I want to thank you for recognizing one of our
09:16:34 members, recognizing Wayne.
09:16:36 I want to present to you at this point a PBA watch with our
09:16:41 logo on it.
09:16:42 And I want to thank you for doing such a great job.
09:16:44 >> Appreciate it.
09:16:48 >> Dan Mathis, Jr., chief of security at the Straz Center.
09:16:52 On behalf of the Straz center, I want to thank you for the
09:16:55 job that you do with all of the rise in crime and all the
09:17:01 things that's going on out in the street, particularly takes
09:17:04 a little more courage these days to patrol the streets, not
09:17:08 only in the City of Tampa but across the country with what's
09:17:10 going on.
09:17:11 And I'm one of those citizens that's thankful for the extra
09:17:14 effort that you put in.
09:17:15 These are two tickets to in my opinion one of our better
09:17:18 entertaining shows.
09:17:22 When they ask to come up stage and give them money, don't do
09:17:25 it.
09:17:26 Thank you for all that you do.
09:17:27 >> Michael Parker, Stepp's towing service, and on behalf
09:17:37 Stepp's towing and the Stepp's family we appreciate
09:17:40 everything you do for our community.
09:17:41 We would like to present you with a $50 gift certificate,
09:17:47 and limousine pass for you and your family and thank you for
09:17:50 everything that you do.
09:17:50 >> Thank you.
09:17:52 I appreciate it.
09:17:52 >> Jim Currie, Bill Currie Ford.
09:17:59 We see many officers come into our dealership day after day.
09:18:03 Wayne, on behalf of the Currie family and myself we would
09:18:07 like to present you with a brand new 2015 customized patrol
09:18:13 car.
09:18:14 (Laughter).
09:18:16 Congratulations.
09:18:16 >> Joe Durkin from Bright House was unable to come today.
09:18:27 He will catch up with you and he has something for you also.
09:18:31 Thank you.
09:18:31 >> I'm here on behalf of the Doubletree than hill tone
09:18:40 Westshore.
09:18:42 We would like to present you within these cookies, and also
09:18:49 something which we will mail to the station.
09:18:53 Thank you so much.
09:18:54 >> Jeff Hauck for the Columbia marketing group and on behalf
09:19:03 of the Gonzmart family, we would like to congratulate you
09:19:08 for your service and give up a $100 gift card to any of our
09:19:14 Columbia restaurants and Ulele.
09:19:17 Thank you for your dedication.
09:19:19 >> Pete Bradley, Busch Gardens, Tampa Bay.
09:19:28 Wayne, thank you very much for what you do.
09:19:30 On behalf of Jim Dean the president of Busch Gardens we
09:19:34 would like to give you with a gift certificate to Busch
09:19:39 Gardens or Adventure Island whichever one you want to go to.
09:19:44 >> Jill Witecki from Tampa Theatre.
09:19:48 I wish we hadn't already shown the French connection this
09:19:51 summer.
09:19:53 But instead I have got for you an annual membership to the
09:19:57 theater to come see all of our movies.
09:20:00 >> Thank you very much.
09:20:04 I appreciate it.
09:20:05 >> My name is Linda Hyde, the branding supervisor for
09:20:10 nonprofit diversity initiative.
09:20:12 Thank you for allowing us to come here to present a small
09:20:16 token of our appreciation for the officer.
09:20:18 We want to tell you thank you for everything that you do.
09:20:21 And on behalf of the diversity initiative we would like to
09:20:24 present you with a $50 gift card to Publix.
09:20:27 Thank you so much.
09:20:28 >> Good morning.
09:20:35 Pete Stickley representing Crockett's transport.
09:20:38 On behalf of Scottie and Kirby Crockett we would like to
09:20:42 thank you for a job well done.
09:20:48 I have a $50 gift certificate for you to bass pro shop.
09:20:53 You can add that to the other one.
09:20:55 Enjoy yourself.
09:20:55 Thank you very much.
09:20:56 >> Island flowers.
09:21:01 As usual these are not for you.
09:21:03 They are for your significant other.
09:21:08 They are waiting at home.
09:21:09 >> Thank you very much.
09:21:10 >> I think you need a wheelbarrow.
09:21:18 Steve Michelini.
09:21:19 I'm here on behalf of a couple different folks that would
09:21:22 like to recognize you.
09:21:23 First is prestige photos photography studio to provide a
09:21:29 gift package for you and whoever you would like to have your
09:21:32 photograph taken with.
09:21:34 On behalf of the Ciccio's restaurant group they are
09:21:40 providing you with a $50 gift certificate and you can enjoy
09:21:43 yourself at any one of their restaurants.
09:21:45 On behalf of Byblos cafe they are providing you with a $100
09:21:50 gift certificate so you can use that limo ride to go to
09:21:53 Byblos and enjoy dinner if you like.
09:21:56 And a new restaurant.
09:22:00 I want to tell you a quick story about them.
09:22:02 The owner started with a small walk-up restaurant on Waters
09:22:08 Avenue in one of the strip centers, and that has developed
09:22:11 into four major restaurants in Tampa, Ocala, Gainesville and
09:22:17 Sarasota.
09:22:19 He's an immigrant.
09:22:20 He came from China.
09:22:22 And he was recruited to come to Tampa to help another
09:22:27 restaurant get open.
09:22:28 And he excelled in that position and decided that people
09:22:31 noticed that what he had done and he worked really hard to
09:22:34 do that so they offered him an opportunity to start his own
09:22:37 restaurant.
09:22:38 And because of that, he is so grateful for the opportunities
09:22:41 that were given to him that he is providing a $50 gift
09:22:46 certificate to any one of his restaurants, Ocala, Sarasota,
09:22:50 or Gainesville, but also in Tampa.
09:22:52 It's Yummy China bistro and they will be doing this from now
09:22:58 on.
09:22:59 And officers that GOP to his restaurant in uniform will also
09:23:02 be receiving discounts forever.
09:23:07 Thank you.
09:23:07 >> Thank you.
09:23:12 Well, thank you to all the corporations, companies and
09:23:15 individuals that provided these overwhelming gifts.
09:23:21 Thank you to council.
09:23:23 And I'm very proud to serve the Tampa Police Department.
09:23:26 In light of what's going on in this country today, there's
09:23:29 still a lot of good people out there that do this job.
09:23:34 So thank you everyone.
09:23:38 God bless.
09:23:38 >> Thank you, officer.
09:23:42 [ Applause ]
09:23:43 Office every, I know that they mentioned the chasing from
09:23:46 the French connection.
09:23:47 Please don't ever -- (Laughter).
09:23:50 >> I do want to make one point if I could.
09:23:54 They were all safe perfect.
09:23:59 >> Officer, I want to say stay safe while you keep us safe.
09:24:06 Thank you.
09:24:07 >>MIKE SUAREZ: Presenting the firefighter of the quarter
09:24:15 again is Councilman Charlie Miranda.
09:24:17 >>CHARLIE MIRANDA: Thanks again, honorable chair, honorable
09:24:23 members of Tampa City Council.
09:24:23 It's my pleasure to be here to make a presentation to the
09:24:26 captain who was selected firefighter of the quarter.
09:24:28 Captain Michael Buttermore.
09:24:35 Of course, they don't have guns, they don't chase people,
09:24:38 people don't chase them at times.
09:24:40 They only chase when they need help.
09:24:42 And for different reasons, technology and training and
09:24:47 things that they do, and we only recognize when we need you
09:24:52 when we call 911 or there's something burning.
09:24:55 Well, that happens too often.
09:24:57 It happens to you, it happens once too often.
09:25:01 But when all of you men and women of Tampa fire department
09:25:06 when you are hurting somewhere, and you see that truck come
09:25:09 up and you see the men and women come out, all of a sudden
09:25:12 you feel 50% better already that help is there, it's
09:25:15 arrived.
09:25:15 And it usually arrives within a short period of time.
09:25:18 And because of yourself, Chief Forward and all the men and
09:25:22 women -- and I honored you today by wearing your uniform,
09:25:27 but I have nothing up here.
09:25:29 Something has to change, chief.
09:25:32 It's my pleasure, Michael, to make this presentation as a
09:25:37 later part of this and Chief Forward now will speak about
09:25:40 you in much more detail.
09:25:41 Thanks for everything you have done.
09:25:42 >> Good morning, council.
09:25:50 Again, it is my privilege and pleasure to present to you
09:25:56 this quarter's firefighter of the quarter.
09:25:58 So oftentimes we have that up and coming, that firefighter
09:26:04 that absolutely is always doing what we try to say is above
09:26:12 the blind type of initiative but the individual that I am
09:26:17 going to present to you this morning, captain Buttermore,
09:26:21 with 20 years of service and provided exemplary performance
09:26:24 to this community, and in my opinion in his entire 27 years
09:26:28 has worked in some of the toughest fire stations in this
09:26:31 community.
09:26:33 And as I will go over some of those.
09:26:38 But in addition to those things as a firefighter, as an
09:26:41 engineer, as a par a he had in I can, as a property officer,
09:26:45 now training officer, he is so instrumental in developing
09:26:50 not only those brand new recruits that we pick and choose to
09:26:55 consider having a job, here in the City of Tampa, but also
09:26:58 he works in the area where he's actually training, brand new
09:27:03 individuals to consider a career in fire fighting.
09:27:07 Mike has been with our training division.
09:27:09 And while I was looking to promote a training chief, in
09:27:13 addition to his training captain position, he managed that
09:27:17 entire division at a level as a fire training officer.
09:27:22 Not only did Mike keep the day-to-day activities going on
09:27:27 that provide the training and development, but Tampa Fire
09:27:30 Rescue's entire workforce, but he also maintained the
09:27:33 collaboration with all of our internal and external
09:27:37 customers, including the state fire college and all of our
09:27:41 other national incident reporting as well.
09:27:45 And Mike has been in 27 years, he has been working in areas
09:27:52 in truck 9 West Tampa.
09:27:54 He's worked truck 13 which this year, this past year, was
09:27:58 one of the busiest stations in North America, in the top 20
09:28:04 companies in North America.
09:28:06 When you are talking 40,000 fire departments, it's in the
09:28:11 top 20 of responding companies.
09:28:19 Engine 14, we call that the palace of Palma Ceia.
09:28:26 He raised his hand and said, look, I need some more action.
09:28:29 So from there, went to engine 12, which is MacDill and
09:28:33 Hillsborough, extremely busy area.
09:28:36 From their engine 5, Robles Park, engine 11, everybody knows
09:28:42 that 11 is called the house of pain.
09:28:45 Mike did considerable time in that area in the Sulphur
09:28:47 Springs area.
09:28:49 Then engine 15, south of Gandy, working that area down there
09:28:54 with MacDill Air Force community and the South Tampa
09:28:58 area, extremely busy there.
09:29:00 From then he was at engine 8, Courtney Campbell causeway,
09:29:04 extremely busy.
09:29:09 And for prolonged period of time where the company officer
09:29:13 has to make some incredible decisions about life and death
09:29:16 situations, because whatever posture they put in place,
09:29:22 every responding company is in tandem for that practice so
09:29:27 it takes extremely bright individuals to run out of that
09:29:31 area as well.
09:29:32 Again engine 7 right at Hanna and Nebraska.
09:29:35 So you see in 27 years he's not had a sit-down.
09:29:39 And it is so easy for us to bring individuals up and tell
09:29:43 you they did this but he has been in there within his
09:29:49 sleeves rolled up.
09:29:50 He's been a work horse in the toughest stations in this
09:29:54 community and he's always had an impeccable posture about
09:29:59 himself, a great, great sense of well-being, and you can
09:30:02 always see it in his crew.
09:30:05 When they come in they are motivated, they are ready, they
09:30:08 are focused, and that starts with a company officer and the
09:30:11 way they view things.
09:30:12 And for that reason and so many more, we have chosen captain
09:30:16 Mike Buttermore as Tampa Fire Rescue firefighter of the
09:30:20 third quarter.
09:30:23 [ Applause ]
09:30:24 >>CHARLIE MIRANDA: On behalf of Tampa City Council, all
09:30:32 search of us, we appreciate very much your continuously
09:30:34 service to the city and what you do, making our city much
09:30:38 safer, much brighter, and in the top 20.
09:30:40 The only time I got in the top 20 is when I failed.
09:30:44 But I appreciate it very much.
09:30:48 You continue to work with the city, you, Chief Forward and
09:30:51 all the men and women of the fire department.
09:30:54 Thank you very much.
09:30:55 >>CHIEF FORWARD: And I would be remiss if I said never do
09:31:01 anything on our own and if it was not for his lovely wife
09:31:04 Donna here today he could not have been able to do all these
09:31:07 things that he's been rewarded for today.
09:31:10 >> Steve Coris, president, and also came own with captain
09:31:22 Buttermore 27 years ago.
09:31:25 On behalf of your brothers and sisters, we have a plaque
09:31:29 here for you.
09:31:30 And then we also have a gift card for $100 to the bass pro
09:31:35 shop.
09:31:35 So you have plenty to go enjoy.
09:31:36 >> Thank you.
09:31:37 >>MIKE SUAREZ: Captain, get closer to the podium.
09:31:44 We are not going to take anything away from you.
09:31:46 >> Good morning again.
09:31:48 On behalf of the Straz Center, captain Buttermore, thank you
09:31:52 for serving our community and doing a great job.
09:31:56 Two tickets to one of the more entertaining shows that we
09:32:01 have during the season for you and your lovely wife to
09:32:04 enjoy.
09:32:04 Thank you for what you do.
09:32:05 >> Michael Parker, Stepp's towing service.
09:32:14 I am going to go ahead and present you with another gift
09:32:18 card to bass pro shop but I am going to give this to her
09:32:21 because you don't have time for that.
09:32:24 Our company limousine.
09:32:26 Congratulations and thank you for everything you do for our
09:32:28 community.
09:32:29 We really appreciate everything you do.
09:32:30 >> Jim Carson, Bill Currie Ford.
09:32:36 You do a fantastic job, the whole fire department does.
09:32:39 They keep us safe every day, especially during the lightning
09:32:43 season that we are having this year.
09:32:44 On behalf of the Currie family and myself we would like to
09:32:47 present you not a gift card from bass pro shop but a 2015
09:32:52 customized Mustang.
09:32:56 Also Joe Durkin from Bright House will catch up with you
09:32:59 when he gets back in town.
09:33:00 Thank you.
09:33:00 >> Thank you.
09:33:05 >> On behalf of the Doubletree Hilton west shore we would
09:33:11 like to present you some cookies and also a stay at the
09:33:16 hotel.
09:33:18 Thank you so much.
09:33:18 >> Thank you.
09:33:19 >> Jeff Haus with the Columbia group, to bestow upon you the
09:33:30 very first gift card to goodies.
09:33:35 So we hope you come visit us.
09:33:37 Bring lots of friends because trust me $100 is going to go a
09:33:41 long way.
09:33:41 Buff we hope you come visit us and we appreciate all you do.
09:33:44 Thank you very much.
09:33:45 >>MIKE SUAREZ: It's not a forever card that he can go
09:33:51 anytime?
09:33:52 (Laughter).
09:33:53 >> My boss is out of the country so I would say yes.
09:33:56 But bring it up with him.
09:33:59 Thank you very much.
09:33:59 >> Busch Gardens.
09:34:06 Captain, after the introduction by Chief forward I don't
09:34:08 think there's anything left to say but wow.
09:34:10 And thank you.
09:34:12 Four tickets for you and your family to Busch Gardens.
09:34:17 If you need more, call me.
09:34:19 >> In preparing for the theater's 90th birthday in
09:34:23 October I have been going through our files and I found a
09:34:26 bunch of pictures of when the YMCA next to the theater
09:34:30 burned down and it's a stark remainder if not for you guys
09:34:34 we wouldn't be here.
09:34:35 We would have suffered the same thing.
09:34:37 Thank you for keeping our community safe.
09:34:39 Thank you for keeping the places that make our community
09:34:42 safe as well.
09:34:43 We really appreciate it.
09:34:44 This is for you.
09:34:46 And come back and see us all year.
09:34:48 >> Island flowers.
09:34:53 My wife always tells me I'm always as good as my last
09:34:58 mistake so I don't have roses for you but I have one better.
09:35:01 This is my business card with my cell phone number on it.
09:35:04 And if you want to do this, and take Tampa MISSUS out, have
09:35:12 a presentation for a dozen roses in the vehicle.
09:35:15 Or if you go into a restaurant, goodie goodies whatever, I
09:35:19 will deliver a vase, $100, or roses arrangement and it will
09:35:23 be there when you get there.
09:35:25 So give me a ring.
09:35:26 >> Thank you very much.
09:35:27 >> Good morning.
09:35:36 Tampa fire also serves as the chair for Tampa Fire Rescue
09:35:40 awards committee.
09:35:40 Having worked along with captain Buttermore, and everything
09:35:46 the fire chief said in his summary is very true and there's
09:35:50 a lot more.
09:35:51 He's an exceptional company officer.
09:35:52 Captain, on behalf of the awards committee we would like to
09:35:55 congratulate you, on behalf of them I would like to present
09:36:03 you with dinner for two.
09:36:05 And as you know, our banquet is going to be hosted at the
09:36:09 Tampa Marriott waterside and you will be there that night.
09:36:13 And on behalf of them I would like to give you a free night
09:36:16 stay for that night for the banquet.
09:36:18 Congratulations.
09:36:18 >>STEVE MICHELINI: Heavy lifting.
09:36:28 I'm here on behalf as I said earlier of two different
09:36:33 businesses that would like to recognize you.
09:36:35 Prestige Portraits where you can have your family portrait
09:36:39 taken.
09:36:39 Byblos cafe where you can enjoy yourself there for lunch or
09:36:43 dinner.
09:36:45 The Ciccio's restaurant group.
09:36:50 And you heard me talk about Yummy house, the China bistro,
09:36:54 and their dedication to the police and the firefighters of
09:36:57 this community.
09:36:58 And again they are very grateful.
09:37:00 And you can go enjoy yourself there.
09:37:02 And we really do appreciate what you do.
09:37:06 And it seems like it's very seldom that when stop and say
09:37:09 thank you.
09:37:10 And we don't say thank you enough to the firefighters and
09:37:12 the police officers that are out there protecting us.
09:37:15 This is our opportunity to say thank you again for
09:37:17 everything that you do.
09:37:18 >> Well, I am very honored and very humbled with all of
09:37:29 this.
09:37:29 And I do this job because I love the profession, not for the
09:37:34 recognition.
09:37:34 So I'm a little uncomfortable.
09:37:37 But I would like to thank the chief for nominating me and
09:37:42 the awards committee for selecting me, Chief Forward for
09:37:45 giving me the opportunity that I have had to step up in this
09:37:49 leadership position.
09:37:50 And I would like to thank the City Council to take your time
09:37:55 out to honor police officers and firefighters.
09:37:59 It's pretty special.
09:38:04 My wife.
09:38:06 [ Applause ]
09:38:08 >>MIKE SUAREZ: Thank you, captain, for everything that you
09:38:18 do.
09:38:18 >>YVONNE CAPIN: Captain and Donna, well done and well
09:38:23 deserved.
09:38:24 Thank you to both of you.
09:38:25 Thank you.
09:38:25 >>MIKE SUAREZ: Mrs. Montelione.
09:38:27 >>LISA MONTELIONE: It always touches all of us when we see
09:38:31 the police officers or firefighters such as yourself get all
09:38:35 choked up, because it clearly shows the dedication and the
09:38:40 commitment and the pride that you have in serving the city.
09:38:44 So thank you very, very much.
09:38:47 We appreciate it.
09:38:48 >>MIKE SUAREZ: Thank you.
09:38:50 Any other comments?
09:38:51 Thank you so much, captain.
09:38:52 We really appreciate your hard work and your dedication to
09:38:54 the fire department.
09:38:56 Thank you, chief.
09:39:00 Okay.
09:39:01 The next item, if I could get a motion to remove item number
09:39:05 3.
09:39:06 Kim Denmark could not be here today.
09:39:08 I have a motion by Mrs. Capin.
09:39:10 A second by Mr. Maniscalco.
09:39:12 All in favor of that motion?
09:39:14 Any opposed?
09:39:17 At this time we are going to public comment.
09:39:18 This is for items on the agenda except for item 82 through
09:39:23 101.
09:39:23 82 through 101, which means those public hearings which will
09:39:28 be open at that time and then public comments will be done
09:39:31 at that time including the noise ordinance will be opened up
09:39:34 later on in the day.
09:39:36 So if you could, anyone that wants to speak on any item on
09:39:39 the agenda except for those set for public hearing, 82
09:39:43 through 101, please come forward now.
09:39:52 Is there anyone that's going to comment to any item on the
09:39:54 agenda that does not include 82 through 101?
09:39:57 Please come forward now.
09:40:02 I believe Mr. Tillou, you are going to be coming up,
09:40:10 correct, sir?
09:40:11 >> I am local, North American, speaking on --
09:40:43 >> Give us your name, sir.
09:40:44 >> My name is Bernard.
09:40:52 My name is Johnny hall, worldwide global, I have been
09:41:01 watching all of our governments, all of our government
09:41:10 worldwide watching, but what our elective officials have
09:41:16 doing, and don't the bull crap that comes out of Donald
09:41:21 Trump mouth about our officials or about our police officers
09:41:21 because he has no idea what he's doing. He stirs up more
09:41:21 trouble.
09:41:25 He's already -- an arrest warrant for Donald Trump because
09:41:32 stirred up more terrorist.
09:41:34 I understand that we have some officers, not all the
09:41:42 officers in my country or all the elected officials in my
09:41:47 country stirring up all the trouble, so I don't agree with
09:41:48 Trump, I don't agree with Hillary, I don't agree with Obama
09:41:52 either.
09:41:57 They are basically ripping my country apart and need to stop
09:41:59 it because all these people in my country, all of my people.
09:42:03 You call them white, black, we are all Native Americans to
09:42:06 me.
09:42:08 I understand we have a corporation, and you got president
09:42:10 Obama that is supposed to be over the corporations.
09:42:15 Not going to be stirring up trouble, stirring up trouble.
09:42:23 You guys are elected officials to help our country, not to
09:42:25 stir up my country.
09:42:26 Been there for 45 terms.
09:42:30 This is supposed to be America, sovereign land. How can I
09:42:36 have nothing but slaves in my land?
09:42:39 Now, whether you want to act like you don't know what's
09:42:46 going on, act like you don't have morality in your country.
09:42:50 Everybody has morality.
09:42:54 God gave to the all of you.
09:42:55 I say God, Jesus Lord, Buddah, anyhow, there is no religion.
09:43:02 Now, stop all the bull crap.
09:43:07 All of our people are dying.
09:43:08 All of your people are dying.
09:43:09 So regardless, nobody is winning anything.
09:43:13 And whatever that is over there on Marian -- and what the
09:43:19 hell is that?
09:43:20 Marian and Morgan, that thing.
09:43:23 What is that?
09:43:26 Is that over by the Salvation Army, remove that explosive
09:43:31 material from that corner.
09:43:34 You got children in that area.
09:43:35 (Bell sounds)
09:43:37 >>MIKE SUAREZ: Thank you, sir.
09:43:38 Next, please.
09:43:38 >> I'm Ed, Ed Tillou, Sulphur Springs.
09:43:44 Okay.
09:43:48 I handed these things out.
09:43:51 But like your homework.
09:43:55 And I'll get it for the next meeting.
09:44:01 Actually things you are dealing with, but you need to deal
09:44:04 with more.
09:44:04 In that regard, I have this little thing.
09:44:09 I handed out before, and the Tampa gun show coming up.
09:44:13 That's not necessarily a bad thing.
09:44:16 But I handed this around in the past.
09:44:23 Hopefully Mrs. Capin got her copy.
09:44:26 It touches --
09:44:27 >>YVONNE CAPIN: It's Capin.
09:44:31 I am Capin.
09:44:32 >> Microphone this is on gun control.
09:44:35 But one of them is this.
09:44:37 This open carry is really ridiculous.
09:44:39 And the thing is as the police brought up that if you have
09:44:42 these people with guns, and all of a sudden, some sort of
09:44:46 terrorist act brace breaks out, who are they going to shoot?
09:44:49 They don't know.
09:44:50 You put yourself at terrible risk with this open carry.
09:44:53 Now, concealed carry, even though it has like that guy over
09:44:58 in Orlando, he had a concealed carry permit.
09:45:03 So maybe that's got to be coming up.
09:45:05 But in any case it would be good to have something like that
09:45:07 if you have got a terrorist going down the line shooting one
09:45:10 person after another which is something that I have been
09:45:15 concerned about.
09:45:17 This is maybe 10 or 15 years ago.
09:45:19 He was just shot by some terrorist in some country, a car
09:45:25 window and shot him, and he didn't have a side arm because
09:45:28 they are not supposed to.
09:45:29 So, anyway, in a certain very limited way, maybe there's
09:45:35 some call for more guns.
09:45:37 But it has to be very regulated.
09:45:40 Okay.
09:45:40 This is something I told you to go over again.
09:45:42 I handed this out.
09:45:44 The meaning of this is this.
09:45:48 When the Gulf stream reaches Europe and keeps Europe warm
09:45:51 and then it goes through the middle of the Atlantic, it goes
09:45:54 south to Antarctica, goes around the world basically, and it
09:45:59 goes under the sea and becomes a cold current, and that
09:46:03 stabilizes to a certain extent Antarctica.
09:46:07 So once the Gulf stream shots do I know when the sea level
09:46:11 rises running about an inch a year instead of an inch a
09:46:14 decade, what you will have happen is that all of Antarctica,
09:46:20 not just the western third, is going to start spewing water.
09:46:23 So that's about two and a half inches a year.
09:46:26 Okay.
09:46:26 This is a little thing in Europe.
09:46:28 It's 50 stories high.
09:46:29 And what's interesting about that is my great grandfather
09:46:32 had a patent on that.
09:46:33 He had a patent on something like that in 1900 and he was
09:46:37 just visualizing a 3 or 4-story high thing.
09:46:41 And here it's 50 stories.
09:46:44 So I am going to try to get a little plaque honoring him
09:46:47 over in England.
09:46:49 (Bell sounds).
09:46:50 >>MIKE SUAREZ: Thank you.
09:46:51 Is there anyone else in the public to speak at this time
09:46:53 for any item not set for public hearing?
09:46:55 I see no one.
09:46:56 Also, is there anyone in the public that would like to
09:46:59 request reconsideration of any legislative matters?
09:47:02 I see no one on that either.
09:47:03 We go on to our agenda.
09:47:05 Item number 47 is a consent agenda item.
09:47:08 Can I get a motion from Mr. Miranda for item number 4?
09:47:11 >>CHARLIE MIRANDA: So moved.
09:47:12 >>MIKE SUAREZ: Motion from Mr. Miranda.
09:47:13 I have a second.
09:47:17 >>CHARLIE MIRANDA: Ordinance amending ordinance number
09:47:22 2016-101 passed and ordained by City Council, the city of
09:47:27 Tampa City Council on June 23, 2016 which approved a special
09:47:30 use permit small venue consumption on premises only for beer
09:47:33 and wine for property located at 14097th Avenue
09:47:38 correcting a scrivener's error by substituting a revised
09:47:42 site plan for the previous site plan that was supplied in
09:47:46 error, providing for severability, providing an effective
09:47:48 date.
09:47:48 >>MIKE SUAREZ: I have a motion by Mr. Miranda.
09:47:52 A second from Mr. Cohen.
09:47:53 All in favor of that motion?
09:47:58 Any opposed?
09:47:59 >>THE CLERK: Mr. Chair, second reading and adoption will be
09:48:01 on August 25th, 2016 at 9:30.
09:48:05 >>MIKE SUAREZ: Thank you.
09:48:07 We go to committee reports.
09:48:08 The Public Safety Committee.
09:48:09 The chair is Mr. Charlie Miranda.
09:48:11 >>CHARLIE MIRANDA: I move items 5 through 9.
09:48:13 >>MIKE SUAREZ: Is there a second?
09:48:17 >> Second.
09:48:18 >>MIKE SUAREZ: I have a motion from Mr. Miranda.
09:48:20 Second from Mrs. Montelione.
09:48:21 All in favor of that motion?
09:48:23 Any opposed?
09:48:24 Thank you, sir.
09:48:25 Next up is our parks, recreation and cultural committee, Mr.
09:48:29 Maniscalco.
09:48:30 >>GUIDO MANISCALCO: I move 10 through 28.
09:48:32 >> Second.
09:48:33 >>MIKE SUAREZ: I have a motion from Mr. Maniscalco.
09:48:35 I have a second from Mr. Cohen.
09:48:36 All in favor of that motion indicate by saying aye.
09:48:39 Any opposed?
09:48:40 Thank you.
09:48:41 Public Works Committee, Mr. Frank Reddick is our chair.
09:48:44 >>FRANK REDDICK: [Off microphone.] Move items 29 thorough
09:48:46 forty --
09:48:48 >> I have a motion from Mr. Reddick.
09:48:50 I have a second from Mrs. Capin.
09:48:51 All in favor of that motion please indicate by saying aye.
09:48:54 Any opposed?
09:48:56 Thank you.
09:48:56 Next up is our Finance Committee, Mr. Cohen.
09:48:59 >>HARRY COHEN: First I move items 45 through 47.
09:49:04 >> I have a motion by Mr. Cohen.
09:49:06 I have a second from Mr. Miranda.
09:49:09 You have a discussion item, Mrs. Montelione?
09:49:13 >>LISA MONTELIONE: 45?
09:49:14 No, I will when we get to 44 and 49.
09:49:20 >>MIKE SUAREZ: That is part of the addenda.
09:49:27 Again we have a motion from Mr. Cohen.
09:49:29 Second from Mr. Miranda.
09:49:30 All in favor of that motion?
09:49:31 Any opposed?
09:49:33 Thank you.
09:49:34 >>HARRY COHEN: I move item number 48.
09:49:35 >>MIKE SUAREZ: I have a motion from Mr. Cohen.
09:49:39 A second from Mrs. Montelione.
09:49:40 All in favor of that motion?
09:49:44 Mr. Cohen?
09:49:46 >>THE CLERK: [Off microphone.]
09:49:53 >>HARRY COHEN: I am move 50 through 52.
09:49:56 >> A second from Mrs. Montelione.
09:49:58 All in favor of that motion?
09:49:59 Any opposed?
09:50:01 Thank you very much.
09:50:02 Mrs. Montelione is our Building, Zoning and Preservation
09:50:04 Committee chair, ma'am.
09:50:07 >>LISA MONTELIONE: Thank you so much, Mr. Chair.
09:50:09 I move items 53 through 76.
09:50:17 >> Second.
09:50:19 >> Okay, a motion from Mrs. Montelione.
09:50:24 I have a second from Mr. Maniscalco.
09:50:26 All in favor of that motion?
09:50:28 Any opposed?
09:50:30 Okay.
09:50:31 Transportation committee chair, Mrs. Yvonne Yolie Capin.
09:50:35 >>YVONNE CAPIN: I move items 77 through 78.
09:50:39 >> Second.
09:50:41 >> Motion by Mrs. Capin, second by Mr. Miranda.
09:50:46 All in favor of that motion?
09:50:48 Any opposed?
09:50:50 Before we move forward, if I could get a motion for item 44
09:50:54 and 49 to be continued until August 25th.
09:50:57 >>LISA MONTELIONE: So moved.
09:50:59 >>MIKE SUAREZ: I have a motion by Mr. Miranda.
09:51:02 I have a second by Mrs. Montelione.
09:51:04 All in favor of that motion?
09:51:06 Any opposed?
09:51:07 Thank you.
09:51:16 Next up are our items to be set for public hearings. We can
09:51:17 move 79 through 81 as one motion. Can I get a motion for
09:51:18 that?
09:51:20 I have a motion from Mr. Cohen.
09:51:22 A second from Mr. Miranda.
09:51:23 All in favor of that motion?
09:51:25 Any opposed?
09:51:27 Thank you.
09:51:28 All right.
09:51:28 We have come to our 9:30 a.m. public hearings.
09:51:32 Those items are 82 and 83.
09:51:35 Excuse me, 82 through 92.
09:51:38 Anyone in the public that wishes to speak on items 82
09:51:42 through 92, please rise to be sworn.
09:51:49 Before we move that, go ahead, Mr. Miranda.
09:51:51 We have a motion to open the hearings.
09:51:53 >>CHARLIE MIRANDA: [Off microphone.] move items through 82
09:51:58 through 92.
09:51:59 >>MIKE SUAREZ: I have a motion by Mr. Miranda.
09:52:02 A second by Mr. Cohen.
09:52:03 All in favor of that motion?
09:52:05 Any opposed?
09:52:06 Again, please swear in the witness.
09:52:08 (Oath administered by Clerk).
09:52:10 >>MIKE SUAREZ: Is there anyone here on item 82?
09:52:24 Staff or petitioner?
09:52:28 Okay.
09:52:34 82.
09:52:39 We are not taking public comment at this moment on this
09:52:41 item.
09:52:42 We need to make sure that we have staff goes first.
09:52:47 If you wait until that time.
09:52:49 Thank you, sir.
09:52:51 Mr. Territo.
09:52:53 >>SAL TERRITO: There were some questions that were raised
09:52:56 at the last meeting on this item, and we want to raise those
09:52:59 questions again or do you want me to try to address the ones
09:53:03 I remember?
09:53:03 It's really your call.
09:53:04 Mrs. Montelione was the one that actually raised those
09:53:07 issues dealing with the chiller contract.
09:53:09 >> Is there anyone on council that has questions about this
09:53:12 particular item?
09:53:12 >>LISA MONTELIONE: He referenced my questions.
09:53:17 In meeting with staff, I think I have gotten all my answers.
09:53:22 Thank you very much.
09:53:22 >>MIKE SUAREZ: Thank you.
09:53:24 Is there anyone in the public that would like to speak on
09:53:26 item number 82?
09:53:27 82 only.
09:53:29 >> Okay, I'm Ed, Ed Tillou, Sulphur Springs.
09:53:42 I saw it in the paper.
09:53:43 I think this is to serve Channelside, I'm not sure.
09:53:47 But it says people here in Tampa insulate themselves from
09:53:56 life as it is do I know here, and the only thing is air
09:54:00 conditioning.
09:54:01 You didn't see as many people down here before air
09:54:04 conditioning.
09:54:04 And like when people used to have to go to movies midday,
09:54:08 that's how it was done.
09:54:09 Cars didn't have air conditioning.
09:54:11 And the thing is the climate wasn't as bad.
09:54:16 I talked to a lot of older residents when first I moved down
09:54:19 here 20 or 30 years ago.
09:54:21 I moved down here, moved away, moved back two or three
09:54:24 times.
09:54:25 And the thing is they said it's gotten hotter.
09:54:29 It didn't used to be like this.
09:54:32 They say we used to have nice cool evenings.
09:54:36 And then I was reflecting on that about three or four nights
09:54:39 ago, because I don't have AC.
09:54:41 And the thing is, it was horrible.
09:54:47 It was like you don't have cool evenings anymore.
09:54:51 You have 24-hour oven-like heat.
09:54:54 It goes into the night.
09:54:56 And then it starts out hot the next day.
09:54:59 You have got to stop ignoring climatic change.
09:55:02 And you are not buying volts for the city to set the
09:55:10 example.
09:55:11 TECO does a better job than you.
09:55:13 Every so often in that parking locality by one of the
09:55:15 high-rises they put a Chevy volt for people to have look at.
09:55:20 Of course, this is the root of the problem.
09:55:22 And he knows that because -- you are the people that rule on
09:55:31 this.
09:55:34 He's head of a worldwide church but he knows this and he was
09:55:39 changed in the technology, and of course right away the
09:55:42 press is getting on that.
09:55:44 Oh, we found a --
09:55:46 >>MIKE SUAREZ: Mr. Tillou, we need you to stick to the
09:55:51 issues at hand.
09:55:51 This is not a general comment about climate change.
09:55:54 This is a contract that we are reading into an ordinance.
09:56:01 >> The main thing is the chill water system, and then it
09:56:04 goes off somewhere and it takes the electricity to run the
09:56:07 compressor, and it's pumping out carbon dioxide, use
09:56:14 quantities of carbon dioxide into the air.
09:56:16 So this is climatic change right here.
09:56:20 The boast you can do at this point is just make it as
09:56:23 efficient as possible.
09:56:31 And okay, Florida has about 100 years maybe.
09:56:38 That's the sea level rise that's starting oh he-
09:56:43 (Bell sounds).
09:56:44 >>MIKE SUAREZ: Thank you, sir.
09:56:45 Is there anyone else in the public that would like to
09:56:47 comment on item number 82?
09:56:48 82?
09:56:49 >> Move to close.
09:56:50 >> Second.
09:56:51 >>MIKE SUAREZ: Motion by Mr. Miranda.
09:56:52 I have a second by Mrs. Montelione.
09:56:54 All in favor of that motion signify by saying aye.
09:56:57 Any opposed?
09:56:58 Mrs. Montelione, will you please take item 82?
09:57:01 >> Certainly, sir.
09:57:04 And I work with from my draft agenda so let me get to --
09:57:10 >>MIKE SUAREZ: Okay, we can go to Mr. Cohen.
09:57:13 >>HARRY COHEN: I move a ordinance presented for second
09:57:17 reading and adoption, an ordinance granting to strategic
09:57:20 property partners LLC the nonexclusive franchise fee of
09:57:25 public streets, alleys, highways, bridges, easements and
09:57:29 other public places of the City of Tampa for the
09:57:31 construction, maintenance and operation of a chilled water
09:57:34 distribution and return system including all necessary
09:57:37 appurtenances for the delivery and return of chilled water
09:57:41 in the City of Tampa and prescribing the terms and
09:57:43 conditions understood which said nonexclusive franchise may
09:57:46 be exercised, providing for severability, providing an
09:57:49 effective date.
09:57:49 >> Second.
09:57:51 >>MIKE SUAREZ: I have a motion from Mr. Cohen.
09:57:54 I have a second from Mr. Miranda.
09:57:55 Please record your votes.
09:57:56 >>THE CLERK: Motion carried with Maniscalco being absent at
09:58:10 vote.
09:58:10 >>MIKE SUAREZ: Thank you.
09:58:13 Item 83.
09:58:14 Is there someone from staff to present or the petitioner?
09:58:17 Item number 83.
09:58:18 >>REBECCA KERT: Legal department.
09:58:23 I believe 83 is a second reading on the charter amendment
09:58:26 providing inform referendum.
09:58:28 Mrs. Mandell is not down here right now.
09:58:30 You can go ahead and read it if you don't have any questions
09:58:33 after public comment.
09:58:35 >>MIKE SUAREZ: Mrs. Montelione.
09:58:44 Do you have any questions?
09:58:45 >>LISA MONTELIONE: No, I was going to read the ordinance.
09:58:47 >>MIKE SUAREZ: Okay.
09:58:48 Before I go forward I will do the public but I want to make
09:58:51 sure there are no other questions from council before we go
09:58:54 forward.
09:58:54 >>MARTIN SHELBY: Just a reminder that there was some
09:58:57 discussion regarding some minor change that Councilwoman
09:59:00 Montelione had asked.
09:59:01 There is a substitute ordinance that was presented.
09:59:03 We ask that you move the substitute with Tampa correction.
09:59:05 >>MIKE SUAREZ: Item number 83, is there anyone in the
09:59:09 public that would like to speak at this time concerning 8
09:59:11 opinion?
09:59:12 83.
09:59:15 I have a motion to close from Mr. Miranda.
09:59:17 I have a second from Mr. Cohen.
09:59:19 All in favor of that motion indicate by saying aye.
09:59:21 Any opposed?
09:59:22 Mrs. Montelione, you may take item number 83.
09:59:25 >>LISA MONTELIONE: Thank you very much.
09:59:27 Yes, sir.
09:59:29 I move an ordinance relating to the government of the city
09:59:32 of Tampa, Florida submitting to the electors of the city a
09:59:35 proposed amendment to revised charter of the City of Tampa
09:59:39 of 1975 as amended regarding charter section 5.01
09:59:44 "departments," and more particularly City Council
09:59:48 interaction was the internal audit department providing for
09:59:51 a referendum, providing an effective date.
09:59:53 >> Second.
09:59:54 >>MIKE SUAREZ: I have a motion by Mrs. Montelione.
09:59:56 I have a second from Mr. Maniscalco.
09:59:58 Please record your vote.
09:59:59 >>THE CLERK: [Off microphone.]
10:00:10 >>MIKE SUAREZ: Thank you.
10:00:11 Item number 84.
10:00:13 >> Elaine Lund, Historic preservation staff.
10:00:20 We have a presentation for you this morning on the Rialto
10:00:23 theater in front of you this morning for consideration for
10:00:27 historic landmark designation.
10:00:37 In 1924 the theater building at 1617 North Franklin Street.
10:00:42 This is for consideration for a landmark designation, part
10:00:45 of the North Franklin Street downtown multiple property.
10:00:52 The local property group is a collection of individually
10:00:56 significant buildings related for their role in the
10:01:00 commercial development of downtown Tampa, and the majority
10:01:02 of them are located along the Franklin Street corridor.
10:01:10 This is the upper end of North Franklin Street here.
10:01:15 It did take a while for development to continue up the
10:01:18 corridor.
10:01:25 Construction on the Rialto theater began in 1923 and was
10:01:29 completed in 1924.
10:01:30 The streetcar ran all the way up Franklin Street and then
10:01:34 turned right onto Henderson which is just north of the
10:01:37 theater.
10:01:38 This connected the residential Tampa Heights neighborhood to
10:01:40 the north and the east downtown Tampa.
10:01:46 The Rialto theater opened in 1924 with the showing of the
10:01:51 O'Brien girl. This was live theater, and the reality oh
10:01:54 theater exclusively in its first few years, but the theater
10:01:59 soon added motion pictures.
10:02:01 Later, the theater housed the federal theater project, and
10:02:06 then at the they operated as a movie theater exclusively
10:02:09 until 1949 when the motor company purchased the company and
10:02:14 used it as an auto showroom.
10:02:19 The Rialto theater retained association with the North
10:02:23 Franklin Street corridor.
10:02:25 Here you can see that the 1600 block of North Franklin
10:02:27 Street is one of the few retaining blocks that survived the
10:02:33 urban renewal area and the ERA of the interstate
10:02:40 construction throughout the city.
10:02:41 The theater is recognized for its architecture.
10:02:45 Similar to other buildings, there was an 18 story masonry
10:02:50 commercial structure, but very unique Mediterranean revival
10:02:56 structures, and decorative coping that's on top of the
10:03:02 parapet.
10:03:04 The Rialto theater meets the criteria found in our historic
10:03:09 preservation ordinance of significance in the area,
10:03:13 criterion A in commerce and criterion C architecture.
10:03:19 The Historic Preservation Commission recommended the local
10:03:22 landmark designation of this property on May 17, 2016.
10:03:28 If you have any questions, I'm available to answer them for
10:03:31 you this morning.
10:03:32 Thank you.
10:03:32 >> Any questions of staff?
10:03:35 Is there anyone in the public that would like to speak on
10:03:38 item 84?
10:03:39 84?
10:03:40 Can I get a motion to close?
10:03:42 I have a motion to close from Mr. Cohen.
10:03:44 I have a second from Mr. Maniscalco.
10:03:48 All in favor?
10:03:49 Any opposed?
10:03:50 Mr. Maniscalco, if you could take item number 84, sir.
10:03:53 >>GUIDO MANISCALCO: I have an ordinance presented for
10:03:56 second reading and adoption, an ordinance of the city of
10:03:59 Tampa, Florida amending the North Franklin Street downtown
10:04:03 landmark multiple properties group to include the Rialto
10:04:06 theater located at 1617 North Franklin Street Tampa, Florida
10:04:09 as more particularly described in section 3 hereof as a
10:04:11 local landmark providing for repeal of all ordinances in
10:04:15 conflict, providing for severability, providing an effective
10:04:16 date.
10:04:16 >> Second.
10:04:18 >>MIKE SUAREZ: I have a motion from Mr. Maniscalco.
10:04:20 I have a second from Mr. Cohen.
10:04:21 Please record your vote.
10:04:22 >>THE CLERK: Motion carried with Montelione and Capin being
10:04:36 absent at vote.
10:04:37 >>MIKE SUAREZ: Thank you.
10:04:42 Item 85.
10:04:42 85.
10:04:43 Is there anyone from staff or petitioner here on item number
10:04:46 85?
10:04:47 >>REBECCA KERT: Legal department.
10:04:50 Number 85 is a scrivener's error to correct a legal
10:04:53 description that was contained in the site plan and the
10:04:58 legal description.
10:04:59 >>MIKE SUAREZ: Thank you.
10:05:01 Is there anyone in the public that would like to speak on
10:05:04 item 85?
10:05:05 85?
10:05:05 I have a motion to close by Mr. Miranda, second by Mr.
10:05:08 Cohen.
10:05:08 All in favor of that motion?
10:05:09 Any opposed?
10:05:11 Mr. Reddick, if you could take number 85, sir.
10:05:13 >>FRANK REDDICK: Move an ordinance being presented for
10:05:18 second reading and adoption, an ordinance number 2016-37
10:05:23 passed and ordained by the city of -- City Council of the
10:05:28 City of Tampa on March 21, 2016 which approved special use
10:05:32 permit for a small venue and with consumption on premises
10:05:36 only located at 1719 and 1723 West Kennedy Boulevard Tampa,
10:05:40 Florida and 1712 and 1714 North "A" street Tampa, Florida
10:05:45 correcting a scrivener's error by correcting the language of
10:05:48 section 3, of the ordinance, providing for severability,
10:05:51 providing an effective date.
10:05:51 >>MIKE SUAREZ: I have a motion by Mr. Reddick, a second by
10:05:55 Mr. Miranda.
10:05:56 Please record your vote.
10:06:04 >>THE CLERK: Motion carried with Montelione and Capin being
10:06:07 absent at vote.
10:06:08 >>MIKE SUAREZ: Item number 86.
10:06:11 >>MARY SAMANIEGO: Item number 86 through 89 are second
10:06:23 reading for ordinances that were heard at first reading on
10:06:26 July 271st.
10:06:27 All required changes to site plans have been completed and
10:06:30 filed with the city clerk's office.
10:06:32 I'm here for any questions.
10:06:34 >>MIKE SUAREZ: Thank you.
10:06:35 Any questions from council? Is there anyone in the public
10:06:37 to speak on item number 86?
10:06:40 I see no one.
10:06:41 I have a motion by Mr. Miranda.
10:06:43 Second from Mr. Maniscalco.
10:06:44 All in favor of that motion?
10:06:46 Any opposed?
10:06:47 Mr. Miranda, if you could kindly take number 86.
10:06:50 >>CHARLIE MIRANDA: File REZ 16-18, for second reading and
10:06:56 adoption, an ordinance rezoning property in the general
10:06:58 vicinity of 3601 west Horatio street in the city of Tampa,
10:07:02 Florida and more particularly described in section 1 from
10:07:05 zoning district classifications RS-60 residential
10:07:08 single-family to PD planned development residential
10:07:11 single-family detached providing an effective date.
10:07:12 >>MIKE SUAREZ: I have a motion from Mr. Miranda, a second
10:07:15 from Mr. Cohen.
10:07:16 Please record your vote.
10:07:17 >>THE CLERK: Motion carried with Montelione and Capin being
10:07:28 absent at vote.
10:07:29 >>MIKE SUAREZ: Item number 87.
10:07:31 Anyone from staff or petitioner here on item number 87?
10:07:36 Is there anyone in the public that would like to speak on
10:07:38 them 87?
10:07:40 87?
10:07:41 I see no one.
10:07:42 >>CHARLIE MIRANDA: Move to close.
10:07:44 >>MIKE SUAREZ: I have a motion to close from Mr. Miranda.
10:07:46 Before we close, Mr. Michelini?
10:07:49 >>STEVE MICHELINI: I'm just here to answer any questions.
10:07:52 Steve Michelini.
10:07:53 >>MIKE SUAREZ: I have a motion from Mr. Miranda.
10:07:55 Second from Mr. Maniscalco.
10:07:58 All in favor to close the hearing?
10:08:00 Any opposed?
10:08:02 Item number 87, Mr. Maniscalco.
10:08:04 Could you please take that?
10:08:06 >>GUIDO MANISCALCO: I have an ordinance being presented for
10:08:09 second reading and adoption, an ordinance rezoning property
10:08:12 in the general vicinity of 410 south Himes Avenue in the
10:08:15 city of Tampa, Florida and more particularly described in
10:08:17 section 1 from zoning district classifications RS-60
10:08:21 residential single-family to RM-24 residential multifamily
10:08:25 providing an effective date.
10:08:25 >> Second.
10:08:26 >>MIKE SUAREZ: I have a motion from Mr. Maniscalco.
10:08:29 A second from Mrs. Montelione.
10:08:31 Please record your vote.
10:08:32 >>THE CLERK: Motion carried with Capin being absent at
10:08:43 vote.
10:08:43 >>MIKE SUAREZ: Thank you.
10:08:44 Item number 88.
10:08:45 88.
10:08:48 Petitioner available to speak on item number 88?
10:08:55 There are chairs in the front row.
10:08:56 >> I'm Kevin with the genesis group here to represent the
10:09:00 applicant.
10:09:00 If you have any questions of me, I am here to answer.
10:09:04 Staff was great.
10:09:05 You all approved it first time around.
10:09:07 Whatever I can do to help.
10:09:08 >>MIKE SUAREZ: Thank you.
10:09:09 Any questions from council on this item?
10:09:11 Is there anyone in the public that won like to speak on
10:09:13 number 88?
10:09:14 88?
10:09:16 >>CHARLIE MIRANDA: Move to close.
10:09:17 >>HARRY COHEN: Second.
10:09:18 >>MIKE SUAREZ: All in favor of that motion?
10:09:20 Any opposed?
10:09:21 Mrs. Montelione, if you could please take number 88.
10:09:24 >>LISA MONTELIONE: I move an ordinance rezoning property in
10:09:33 the general vicinity of 2010 east Busch Boulevard in the
10:09:36 city of Tampa, Florida and more particularly described in
10:09:38 section 1 from zoning district classifications CG commercial
10:09:41 general and CI commercial intensive to CI commercial
10:09:44 intensive providing an effective date.
10:09:44 >> Second.
10:09:46 >> I have a motion from Mrs. Montelione, second by Mr.
10:09:50 Maniscalco.
10:09:51 Please record your vote.
10:09:53 >>THE CLERK: Motion carried with Capin being absent at
10:10:00 vote.
10:10:00 >>MIKE SUAREZ: Thank you.
10:10:03 Item number 89.
10:10:05 89.
10:10:08 Petitioner?
10:10:15 >>GINA GRIMES: Representing the Papella family.
10:10:20 >>MIKE SUAREZ: Is there anyone in the public oh to speak on
10:10:25 number 89?
10:10:26 89?
10:10:27 >> Move to close.
10:10:28 >>MIKE SUAREZ: I have a motion to close from Mr. Cohen.
10:10:30 Second by Mr. Miranda.
10:10:31 All in favor of that motion?
10:10:32 Any opposed?
10:10:33 Mr. Cohen, if you could kindly take number 89.
10:10:35 >>HARRY COHEN: I move an ordinance being presented for
10:10:39 second reading and adoption, an ordinance rezoning property
10:10:41 in the general vicinity of 4001 West Kennedy Boulevard in
10:10:45 the city of Tampa, Florida and more particularly described
10:10:47 in section 1 from zoning district classifications CG
10:10:51 commercial general and RS 50 residential single-family to PD
10:10:56 planned development, strip shopping center and all CG uses,
10:11:00 providing an effective date.
10:11:00 >> Second.
10:11:02 >>MIKE SUAREZ: I have a motion by Mr. Cohen, second from
10:11:05 Mr. Miranda.
10:11:06 Please roared your vote.
10:11:06 >>THE CLERK: Motion carried with Capin being absent at
10:11:16 vote.
10:11:16 >>MIKE SUAREZ: Thank you.
10:11:17 Item number 90.
10:11:21 >>CATHERINE COYLE: Planning and development.
10:11:24 SU-II-16-11, I have certified the site plans and they are
10:11:28 available for the clerk.
10:11:29 If you have any questions I am available.
10:11:31 Petitioner is available as well.
10:11:33 >>MIKE SUAREZ: Any questions of council on this item?
10:11:35 Is there anyone in the public that would like to speak on
10:11:38 item number 90?
10:11:39 >> Move to close.
10:11:41 >> Second.
10:11:41 >>MIKE SUAREZ: Motion from Mr. Miranda.
10:11:43 Second by Mr. Maniscalco.
10:11:45 All in favor?
10:11:46 Any opposed?
10:11:47 Mr. Reddick, if you would kindly take number 90.
10:11:50 >>FRANK REDDICK: Move an ordinance for second reading and
10:11:54 adoption, an ordinance approving a special use permit S-2
10:11:58 approving a public service facility in an RS-50 residential
10:12:01 single-family and CG commercial general zoning district in
10:12:04 the general vicinity of 5441 north MacDill Avenue and
10:12:09 3073 west Hillsborough Avenue in the city of Tampa, Florida
10:12:12 and as more particularly described in section 1 hereof
10:12:19 providing an effective date.
10:12:19 >>MIKE SUAREZ: I have a second by Mr. Miranda.
10:12:21 Please record your vote.
10:12:22 >>THE CLERK: Motion carried unanimously.
10:12:25 >>MIKE SUAREZ: Thank you.
10:12:27 Item number 91.
10:12:28 I think Mrs. Coyle will be back up here.
10:12:31 >>CATHERINE COYLE: Planning and development.
10:12:33 I certified the site plans.
10:12:37 I will make them available to city clerk.
10:12:39 I am available for questions.
10:12:40 Staff had no objections.
10:12:42 I am available for any questions.
10:12:43 >>MIKE SUAREZ: Any questions by come up on this item?
10:12:45 Anyone in the audience like to speak on item number 91?
10:12:48 91?
10:12:49 I see no one.
10:12:50 I have a motion to close by Mr. Cohen, a second from Mr.
10:12:53 Miranda.
10:12:53 All in favor of that motion?
10:12:55 Any opposed?
10:12:57 Mrs. Capin, could you please take number 91?
10:13:03 >>YVONNE CAPIN: I will kindly do it.
10:13:05 An ordinance being presented for second reading and
10:13:09 adoption, an ordinance approving a special -- excuse me, an
10:13:13 ordinance approving a special use permit S-2 approving a
10:13:16 public service facility in an RS-50 residential
10:13:19 single-family and CG commercial general zoning district in
10:13:24 the general vicinity of 5441 north MacDill Avenue and
10:13:28 3073 west Hillsborough Avenue in the city of Tampa, Florida
10:13:31 and more particularly described in section 1 hereof
10:13:35 providing an effective date.
10:13:35 >> Second.
10:13:38 >>MIKE SUAREZ: Wait a minute, was that number 91?
10:13:40 >>YVONNE CAPIN: Oh, I read 90.
10:13:44 >>FRANK REDDICK: We could pass it twice.
10:13:45 >>YVONNE CAPIN: Oh, my gosh.
10:13:47 >>MIKE SUAREZ: 91.
10:13:48 >>YVONNE CAPIN: 91.
10:13:50 All right.
10:13:51 That one is shorter.
10:13:52 An ordinance being presented for second reading, an
10:13:55 ordinance approving a special use permit S open 2 approving
10:13:57 a public service facility in an RS-50 residential
10:14:00 single-family zoning district in the general vicinity of
10:14:03 95010th 2 north Rome circle in the city of Tampa,
10:14:06 Florida and more particularly described in section 1 hereof
10:14:09 providing an effective date.
10:14:10 >>MIKE SUAREZ: I have a motion by Mrs. Capin, a second from
10:14:14 Mr. Cohen.
10:14:14 Please record your vote.
10:14:17 Muchclerk it's on our screen.
10:14:33 It looks like unanimous.
10:14:34 >>THE CLERK: Yes, it's unanimous.
10:14:37 >>MIKE SUAREZ: It was unanimous?
10:14:38 Okay.
10:14:39 Thank you.
10:14:39 Item number 92.
10:14:40 92.
10:14:44 >>CATHERINE COYLE: Planning and development.
10:14:46 SU-II-16-14.
10:14:51 We are available for any questions.
10:14:52 Staff has no objections.
10:14:54 The site plans are certified.
10:14:55 I'm available for questions.
10:14:56 >>MIKE SUAREZ: Any questions by council?
10:14:58 Is there anyone in the public that would like to speak on
10:15:00 item 92?
10:15:01 I see no one.
10:15:05 Motion to close from Mr. Miranda.
10:15:06 I have a second from Mr. Maniscalco.
10:15:08 All in favor of that motion?
10:15:10 Any opposed?
10:15:11 Mr. Miranda, if you could take item number 92.
10:15:13 >>CHARLIE MIRANDA: Move file SU-II-16-14, an ordinance
10:15:18 presented for second reading and adoption, an ordinance
10:15:20 approving a special use permit SU approving public service
10:15:26 facility in an RS residential single-family zoning district
10:15:29 in the general vicinity much 9306 north 29th street and
10:15:33 2713 east Annie street in the City of Tampa and more
10:15:38 particularly described in section hereof providing an
10:15:45 effective date.
10:15:46 >>MIKE SUAREZ: Second by Mr. Maniscalco.
10:15:48 Please record your vote.
10:15:49 >>THE CLERK: Motion carried unanimously.
10:15:51 >>MIKE SUAREZ: I think we opened items 936 and 94.
10:16:02 We have opened items 93 through 95.
10:16:05 >> So moved.
10:16:06 >>MIKE SUAREZ: I have a motion to open those items from Mr.
10:16:12 Maniscalco, second from Mrs. Capin.
10:16:14 All in favor of that motion?
10:16:16 Any opposed?
10:16:16 Okay.
10:16:19 Item number 93.
10:16:23 Petitioner?
10:16:31 >>GINA GRIMES: Hill, Ward, Henderson 101 Kennedy Boulevard
10:16:34 and I am represent the development Corp. on this development
10:16:36 agreement.
10:16:37 I don't know if staff wants to do an initial presentation.
10:16:51 The development agreement has two public hearings, one
10:16:54 today, one next Thursday.
10:16:55 If you approve the development agreement, then we can have
10:16:58 second reading on the rezoning next week.
10:16:59 The purpose.
10:17:00 Development agreement was to -- the first reason for the
10:17:07 agreement was to obtain a density bonus.
10:17:09 Understood the comprehensive plan category.
10:17:12 We could have an F.A.R. of 3.0, a proposed F.A.R. is 3.3 so
10:17:21 as a result we had to commit to certain amenities to obtain
10:17:24 the bump up to 3.3.
10:17:26 Those were for a structured parking facility, enhanced
10:17:30 transit stop, and pedestrian streetscape on the block.
10:17:34 The second reason for the development agreement was that
10:17:38 there were other commitments that we made through the
10:17:40 rezoning process that the staff felt was not appropriate to
10:17:45 incorporate on the zoning site plan, because they related to
10:17:49 improvements that we committed to make off the subject
10:17:53 block.
10:17:54 So those improvements that we committed to make that were
10:17:56 not on the actual subject block of the rezoning but that we
10:18:00 agreed to do were street trees along Grand Central.
10:18:05 And we covered a lot of it in the rezoning hearing.
10:18:07 The enhanced street lighting along Grand Central.
10:18:11 We committed to park improvement and the staff asked us to
10:18:18 address in detail the transplant and maintenance plan so all
10:18:22 of those items are also addressed as part of this
10:18:25 development agreement.
10:18:25 >>MIKE SUAREZ: Terrific.
10:18:26 Any questions from council?
10:18:28 Is there anyone in the public that would like to speak on
10:18:31 item number 93 on this development agreement?
10:18:33 Staff, did you have anything to add?
10:18:35 >> Christy Moore, legal department.
10:18:46 And the additional commitment that they are committing to,
10:18:50 aside from the bonus provision agreements, and contain a
10:18:56 separate portion of the development agreement just for
10:18:58 clarity sake.
10:18:59 The second public hearing will be with the second reading on
10:19:02 August 11th.
10:19:05 >>MIKE SUAREZ: Terrific.
10:19:07 Again I ask the public is there anyone in the public that
10:19:09 would like to speak on item number 39?
10:19:11 93?
10:19:13 I have a motion to close from Mr. Miranda, a second from Mr.
10:19:16 Cohen.
10:19:17 All in favor of that motion?
10:19:19 Any opposed?
10:19:20 Mrs. Montelione, do you want to move this?
10:19:26 It's already set for public hearing.
10:19:28 I apologize.
10:19:29 Item number 94.
10:19:30 >>REBECCA KERT: Item number 44 --
10:19:41 >>MIKE SUAREZ: 94.
10:19:42 >> 94.
10:19:43 Yes.
10:19:43 Just needs to be opened and continuously to September 22nd,
10:19:46 2016 at 9:30 because it's the second reading and you have
10:19:49 already continued the first reading.
10:19:50 >>YVONNE CAPIN: So moved.
10:19:53 >>MIKE SUAREZ: I have a motion from Mrs. Montelione.
10:19:55 Second from Mrs. Capin.
10:19:56 All in favor of that motion?
10:19:58 Any opposed?
10:20:00 Thank you.
10:20:04 Item number 95.
10:20:05 >>JAN MCLEAN: Office of city attorney.
10:20:14 I'm here on number 95 which is the public hearing on the
10:20:18 annual service assessment that we come before you each year
10:20:24 and adopt the roll to certify to the tax collector.
10:20:29 Nothing has changed since last year.
10:20:31 I believe there may be one person here that would like to
10:20:33 comment that signed up outside.
10:20:36 >>MIKE SUAREZ: Okay.
10:20:38 Thank you.
10:20:39 Are there any questions from council concerning this item
10:20:41 are? Is there anyone in the public that would like to speak
10:20:43 on item number 95?
10:20:45 95?
10:20:47 Is there anyone that would like to speak on item number 95?
10:20:51 This is on the stormwater assessment.
10:20:54 >> I'm Ed, Ed Tillou, sulfur spring.
10:21:01 I'm a registered professional engineer but of course that's
10:21:04 state of Maryland to which I will be returning.
10:21:08 Okay.
10:21:10 A lady asked me when this came up in the past, I had to
10:21:15 leave to try to get some breakfast, and she said -- she
10:21:19 said, well, aren't you staying for that?
10:21:21 And I said, gee, I'm really hungry.
10:21:24 So anyway, I'm coming back now to speak on this item.
10:21:30 Some of the things that were said, a lot of people don't
10:21:33 like the size of the assessments they get, but it's kind of
10:21:38 a very good approach to things, because it does take into
10:21:41 account the imperviousness of the surface, that some people
10:21:45 generate more stormwater than other people.
10:21:48 And back when all of the flurry about tax started come in,
10:21:56 because we can't have tax, read my lips, no tax.
10:22:01 Okay.
10:22:01 A lot of people proposed making these things user taxes,
10:22:05 calling them user taxes, and that backfired in a way.
10:22:08 You used to be able to get geological survey maps for 25
10:22:12 cents.
10:22:13 All of a sudden they became about $10.
10:22:16 A lot getting lost in the woods so it can be done.
10:22:22 But there's a question that I brought to your attention in a
10:22:27 past CRA and one of your employees, have a room of about 3
10:22:32 or 4 employees working on this stuff, he said, wow, we are
10:22:35 getting recognized with the CIA equation, called the Chicago
10:22:39 runoff equation.
10:22:40 And what stands out within that is time of concentration,
10:22:46 intensity, and A is the area, the impervious area, and I is
10:22:51 on than the increase.
10:22:53 Intensity of rainfall is on the increase.
10:22:55 And it's coming from, as I say, carbon dioxide.
10:23:00 Let's say the carbon dioxide of cars wouldn't be bad, one or
10:23:06 two cents of it by increasing the gas tax per gallon?
10:23:10 Because that's the culprit.
10:23:13 People don't want to face it.
10:23:15 Okay.
10:23:15 If you have a volt, you get a discount.
10:23:18 If you have a regular car, seven tons of carbon dioxide a
10:23:23 year?
10:23:24 Well, then you have to pay.
10:23:25 And you have to pay for things like stormwater.
10:23:27 I also found there's a little bit of capital projects work
10:23:31 in with this.
10:23:32 And boy, this was a switch, because in New York the thing
10:23:36 was always you had bond issues and capital improvements
10:23:39 things, and they were always wiggling a little bit of
10:23:42 general fund into it.
10:23:44 So here, I found it was a little bit the opposite.
10:23:47 Things that I thought were capital improvements were kind of
10:23:51 worked into the general fund of this.
10:23:53 So I think it could get 5 or 10% back to some of the people
10:23:59 in East Tampa --
10:24:01 (Bell sounds).
10:24:02 >>MIKE SUAREZ: Thank you, sir.
10:24:03 >> But not much more.
10:24:05 >>MIKE SUAREZ: Item number 95.
10:24:06 Is there anyone else in the public that would like to speak
10:24:09 at this time?
10:24:10 >> I'm Kelly Flannery, president and CEO of the South Tampa
10:24:17 Chamber of Commerce, here on behalf of our 600 business and
10:24:19 individual members for the annual stormwater service
10:24:22 assessment.
10:24:23 Which will provide necessary funding for maintenance and to
10:24:26 our current infrastructure.
10:24:27 Something must be done to ensure both the quality of life
10:24:29 for our citizens and the sustainability of our businesses.
10:24:33 Last summer and again this year after thunderstorm Colin,
10:24:37 businesses directly impacted by flooding in our community.
10:24:40 In most cases their biggest concern was for employees who
10:24:43 were commuting into Tampa who were unable to physically get
10:24:46 to work resulting in lost wages for them individually and
10:24:50 for their families.
10:24:53 It also cost many businesses closed for several days.
10:24:56 I wrote a letter to you last year own August 24th urge
10:25:00 you our city leaders for funding for our stormwater problem.
10:25:04 Here one year later and we are looking forward to
10:25:07 improvements.
10:25:08 Without an increase over many years many areas of our city
10:25:12 have been neglected and now require extensive repairs.
10:25:14 The South Tampa Chamber of Commerce believes for repairs to
10:25:19 be made and for some of our infrastructure to be corrected.
10:25:22 Without immediate attention our city will lose the
10:25:24 opportunity for growth, for cities to flourish and to
10:25:27 provide a safe community in which our citizens to live.
10:25:30 Thank you for your time.
10:25:31 >>MIKE SUAREZ: Thank you.
10:25:34 Would anyone else in the public like to speak on item number
10:25:36 95?
10:25:37 Okay, we have to remain open and take the vote at this time.
10:25:40 If I could get a motion to accept that.
10:25:42 >>FRANK REDDICK: I have a question for staff, if I may.
10:25:53 This maintenance work would include what?
10:26:00 >>JAN MCLEAN: I'm sorry?
10:26:01 The service assessment, which includes the support of the
10:26:07 maintenance programs that we put before you last year,
10:26:12 primarily maintenance for ponds, outfalls, ditches, all of
10:26:18 the systems throughout the city.
10:26:22 It supports the maintenance of the system.
10:26:23 >>FRANK REDDICK: You say throughout the city.
10:26:28 It's throughout the city, correct?
10:26:31 >>JAN MCLEAN: Yes, sir.
10:26:33 >>FRANK REDDICK: Will preference be given to any portion of
10:26:36 the city?
10:26:37 >> Preference?
10:26:39 No, sir.
10:26:39 It's laid out as far as the work program to our
10:26:43 transportation and stormwater services department, so they
10:26:46 identify what is necessary, but there is also routine
10:26:50 maintenance that is done throughout the city.
10:26:53 >>FRANK REDDICK: The reason I raise that question is
10:26:57 because in my district I have more retention ponds than
10:27:04 anywhere else in the city and I want to make sure that these
10:27:06 are being maintained, because many of them are not, and they
10:27:13 cause a severe problem in certain areas because they are not
10:27:16 being maintained.
10:27:17 So that's the reason I raise the question by preference,
10:27:22 finance there is any particular preference for one portion
10:27:25 of the city or this would be evaluated with all areas of the
10:27:29 city, because there's a lot of retention ponds in my area
10:27:35 that I represent.
10:27:40 So I'm just trying to get some assurances.
10:27:49 >>JAN MCLEAN: I am go together ask the director to come up
10:27:51 to and address scheduling.
10:27:54 >>JEAN DUNCAN: Stormwater transportation services.
10:28:02 I have a short summary for you, and I can ask Mr. Baird who
10:28:07 hand out that gives you a snapshot of the progress we made
10:28:10 on utilizing the addition of stormwater fees, and we have
10:28:14 received thus far.
10:28:14 I'll put the same document here on the Elmo.
10:28:19 It doesn't quite fit.
10:28:20 But basically the top part of your document is the exact
10:28:25 format that he would share with you, we made a Power Point
10:28:30 presentation that shows the cycles that existed before the
10:28:34 stormwater service fee was increased.
10:28:39 As Mrs. McLean mentioned a number of assets surprised
10:28:44 composed the entire systems of stormwater and those include
10:28:47 ditches, pond, pipes, outfalls, pump stations, other
10:28:55 important components to take the debris off the streets.
10:28:58 The presentation last year identified the cycles of
10:29:01 frequency that we were able to maintain, different aspects
10:29:04 of our system, and we also proposed a cycle frequency
10:29:10 increase that we would utilize, the yellow column on your
10:29:16 sheet shows where we are right now with the ultimate goal of
10:29:21 a higher frequency cycle.
10:29:24 And this is purely based on the stormwater system itself.
10:29:26 It's not based on district, our city in other ways.
10:29:35 It's purely based on assets throughout the city.
10:29:39 So if you are having some particular issues with ponds in
10:29:42 Tampa I would be glad to get that information from you but
10:29:45 we are very excited because we have been able to issue a
10:29:47 number of different contracts.
10:29:50 And for our ponds, at the bottom of the document, there you
10:29:56 can see under ponds, we either extend it to increases, or
10:30:04 add a new contract for mowing, removal, and repair for our
10:30:14 ponds.
10:30:15 So it took a certain amount of time to get those contracts
10:30:20 in place, get them on council agenda, go through the normal
10:30:24 processes.
10:30:25 So we are still in a little bit of a ramping up stage but we
10:30:28 expect when we come back again next year to give you an
10:30:30 update, our goal is to have all of those frequencies at the
10:30:35 level that we proposed fully functioning, full throttle
10:30:39 maintenance going on in all the areas of our system.
10:30:42 >>FRANK REDDICK: Well, let me just ask you take a look and
10:30:46 maybe take a drive-through 22nd and Chelsea, and look at
10:30:51 that retention pond.
10:30:52 >>JEAN DUNCAN: Okay.
10:30:54 >>FRANK REDDICK: You can go to MLK and 19th, look at
10:31:01 that retention pond.
10:31:04 Go to Fairoaks, look at the retention pond.
10:31:08 You can go at Ashley drive.
10:31:16 Look at a retention pond.
10:31:19 I can go own and on and tell you these retention pond are
10:31:24 neglected.
10:31:25 And people are complaining about it.
10:31:28 And I pass through there all the time.
10:31:35 I just want to go over some that are drawn to my attention
10:31:40 because I pass through them all the time.
10:31:42 And I just suggest that you take a look at them.
10:31:46 Okay?
10:31:46 >> We'll certainly do that and put those on my list.
10:31:49 >>FRANK REDDICK: Thank you.
10:31:51 >>YVONNE CAPIN: I have a question about the public notice
10:31:57 that was sent out for adoption of the annual stormwater
10:32:01 service assessment.
10:32:05 Was this notice sent out to all the stormwater service
10:32:07 areas?
10:32:13 >>JAN MCLEAN: The annual notice is sent out --
10:32:18 >>YVONNE CAPIN: To tell people to come here.
10:32:19 >> Right.
10:32:20 Tampa notice is sent out on a city-wide basis but on an
10:32:23 annual basis only sent to properties that changed hands or
10:32:27 increased their assessments.
10:32:29 So last year, when we were proposing to know crease the
10:32:32 service assessment, it went out to everyone.
10:32:36 On an annual basis, it goes out to those properties that
10:32:39 have a change in their assessment to let them know that this
10:32:43 public hearing is going on today.
10:32:46 If there is no change, they do not receive a notice.
10:32:49 But we have the published notice.
10:32:50 >>YVONNE CAPIN: Well, in the letter, it does not say you
10:32:54 have a change.
10:32:55 It says "you are receiving this notification because you own
10:32:58 property in the stormwater service area."
10:33:01 It doesn't say your rate has increased or your property has
10:33:06 changed hands.
10:33:06 It doesn't give a reason.
10:33:08 And I'm curious because it just says you are in the
10:33:11 stormwater service area.
10:33:13 So that would mean that everyone that was in the stormwater
10:33:16 service area should have received this notice.
10:33:25 Unless there's an indication and there is not here, $82 per
10:33:29 stormwater unit. This belongs to a constituent, not to me,
10:33:33 because I didn't get one, and I live literally ten blocks on
10:33:37 the other side.
10:33:38 Because the stormwater service will be collected by the tax
10:33:43 assessor pursuant to statute 197, failure to pay will be a
10:33:48 tax certain to be issued against the assessed property which
10:33:51 may result in a lien on the title of your property.
10:33:54 Nowhere on this letter does it say you receive -- so I
10:33:59 looked at this, and thought, well, this must have gone out
10:34:02 to all the people that are stormwater service area, which I
10:34:07 own a property that is and did not receive this notice.
10:34:12 So I'm curious as to why it's not explained to the
10:34:17 constituent why they received this letter.
10:34:19 This constituent called me and said, I got a letter to come
10:34:21 in and complain.
10:34:22 And I said what?
10:34:23 I see the letter.
10:34:25 They dug it out and taped it together out of their recycle
10:34:29 bin.
10:34:34 So why isn't it explained? That's your explanation of who
10:34:37 was noticed.
10:34:38 Then why doesn't it say it on the letter?
10:34:40 >>JAN MCLEAN: So I'm -- I'm a little lost for that other
10:34:48 than to say that we comply with statute and the ordinance to
10:34:57 properties that have a change.
10:34:58 And we don't send it out to everyone if they have not
10:35:01 received change on an annual basis.
10:35:06 We didn't believe that the notice was unclear.
10:35:09 But I can see your point on that.
10:35:11 And I don't have a copy of the notice in front of me right
10:35:14 now.
10:35:14 I have the published notice.
10:35:18 But that would be the explanation.
10:35:19 >>YVONNE CAPIN: Well, it was not clear to this property
10:35:24 owner.
10:35:25 That's why I got a call. This property owner said, you
10:35:27 know, by the way, I got this notice.
10:35:29 And it wasn't clear.
10:35:30 They just thought it was a notice to come in and says if you
10:35:35 want to object on the bottom.
10:35:38 But nothing --
10:35:45 >>JAN MCLEAN: Well, the stormwater division didn't receive
10:35:47 any calls.
10:35:48 We had one individual honor said based on the notice that
10:35:55 she received because of a change in her assessment.
10:35:59 >>YVONNE CAPIN: Well, this is the point.
10:36:02 It's not clear.
10:36:03 And we have gone over this before.
10:36:05 It has to be crystal clear.
10:36:08 We want the public to understand exactly what we here in
10:36:14 government are doing, and why we are doing it.
10:36:17 And that was not clear.
10:36:18 And it wasn't clear to me, and because I didn't receive one,
10:36:23 I didn't understand.
10:36:25 And this just came to me. This just came to me.
10:36:28 So I would have called about it earlier.
10:36:36 So, therefore --
10:36:40 >>JAN MCLEAN: I would be glad to speak to the citizen
10:36:42 finance you like.
10:36:43 But we have complied with all of our statutory requirements
10:36:47 as far as notice.
10:36:48 If it's not clear, then we probably would have had more
10:36:57 people here.
10:36:58 >>YVONNE CAPIN: Is there a reason -- this property did not
10:37:02 change hands.
10:37:03 You know, they need to know this they need to know your
10:37:06 property is going to be increased.
10:37:07 They need to know it's going to be this, and the reason you
10:37:10 are reading this -- receiving this notice is because there's
10:37:13 going to be an increase.
10:37:14 Or there is an increase or however it is.
10:37:16 >>JAN MCLEAN: I understand what you are saying.
10:37:18 And we revised the notice to make it what we thought was
10:37:22 more clear this year.
10:37:23 We will revise it again to make it even more clear for the
10:37:26 next notice.
10:37:27 >>YVONNE CAPIN: Thank you for that.
10:37:29 >>MIKE SUAREZ: Mrs. Montelione?
10:37:35 >>LISA MONTELIONE: Thank you.
10:37:37 This is for Mrs. Duncan.
10:37:43 Going back to the document that you handed out, and on the
10:37:48 Elmo, I am just curious, because ditches, which is the very
10:37:54 first item, the preservice level -- pre-fee service level is
10:38:01 ten year cycle.
10:38:02 And current is 9.5.
10:38:06 The target is 7.
10:38:11 We have in North Tampa a lot of open ditches.
10:38:15 And often it's either grass or one is cat tails growing, and
10:38:25 it impedes the flow of water into the pipe, the facility
10:38:34 that is located there.
10:38:36 So why are we only shaving a half a year off of that cycle
10:38:40 when the target is 7?
10:38:42 The other seems to be somewhat of bringing down the
10:38:53 frequency and the cycle, but that one doesn't seem like
10:38:57 there's a lot of progress.
10:38:58 And I think that's the first line of defense of those
10:39:03 ditches.
10:39:04 >> Yes.
10:39:05 Several reasons for that, the fee was increased last year.
10:39:12 One is to redirect -- and work out with our crews, and
10:39:20 redirect the crews towards maintenance-related work.
10:39:23 So essentially we started working maintaining versus
10:39:31 reconstruction.
10:39:32 The other part is it takes a certain amount of time to
10:39:34 increase or issue new contracts for outsourcing of a ditch
10:39:38 maintenance.
10:39:39 And then the third reason finance you look on the bottom, we
10:39:41 have been purchasing equipment and vehicles.
10:39:48 Oftentimes their equipment is not able to be utilized, it's
10:39:51 in for repairs.
10:39:53 So in purchasing equipment which you can see on the bottom
10:39:56 there is in progress.
10:39:58 So we have taken every step possible to get fully
10:40:02 accelerated with the program.
10:40:04 But we are not quite there yet.
10:40:06 We recognize that.
10:40:07 And it is certainly our goal to get there as quickly as
10:40:10 possible.
10:40:11 And like I said, our next report we feel very confident that
10:40:15 we will be hitting those goals as we have committed to you.
10:40:18 >>LISA MONTELIONE: There's a couple of places in
10:40:20 particular.
10:40:20 One is along Bougainvillea, the back of Adventure Islands
10:40:25 parking lot whereby it's been marked before, it's been
10:40:31 staked before, but there are cat tails taller than I am, and
10:40:35 the grass growing in that ditch is really dense.
10:40:40 >>JEAN DUNCAN: Okay.
10:40:42 >>LISA MONTELIONE: I mean, the other is always -- how do I
10:40:46 want to say? -- a struggle between us and Hillsborough
10:40:49 County and that's Bruce B. Downs.
10:40:50 There are a lot of places where along Bruce B. Downs the
10:40:55 ditches are -- they are full of trash.
10:40:59 The grass is high.
10:41:01 You know, and you can see where the property owner's
10:41:05 maintenance people are taking care of the right-of-way right
10:41:09 in front of their property, but they don't touch the ditch
10:41:12 because A, they are not permitted to, and, B, they are don't
10:41:17 have the equipment to handle the ditch part of it.
10:41:19 So you see a really nice clean-cut grassy area and then you
10:41:24 get to the ditch and it's a mess.
10:41:25 >>JEAN DUNCAN: That's actually a separate issue and I have
10:41:29 got good news on that as well.
10:41:31 >>LISA MONTELIONE: YAY.
10:41:33 >> We have kind of been going back and forth with
10:41:35 Hillsborough County and our maintenance agreement.
10:41:37 Several of us melt at the high elf levels, and back me up on
10:41:41 this --
10:41:42 >>LISA MONTELIONE: It's something I have been after for
10:41:43 about three years now, right?
10:41:45 >> And came over from the county recently and we resolved
10:41:49 those maintenance issues that we were kind of going back and
10:41:52 forth on.
10:41:53 One of them was the responsibility of that mowing of the
10:41:56 side areas and the be medians along Bruce B. Downs.
10:41:59 So we have cleared that up.
10:42:01 We have got that identified in our maintenance agreement.
10:42:05 >>LISA MONTELIONE: I hope it's in black and white, because
10:42:07 we felt we had that solved years ago.
10:42:09 >>JEAN DUNCAN: You are absolutely right and we have
10:42:13 resolved that now.
10:42:14 And an newspaper agreement which is coming to council very
10:42:16 soon, I believe, and there's a patch to that agreement that
10:42:23 will show specifically Bruce B. Downs on it.
10:42:24 >>LISA MONTELIONE: Great.
10:42:26 So if you can get that to me and maybe in advance so I can
10:42:30 flag it, read it, review it.
10:42:32 Thank you.
10:42:32 >>MIKE SUAREZ: Mrs. Capin.
10:42:34 >>YVONNE CAPIN: Yeah, I just want to add about that letter.
10:42:37 I'm just going to add this to it.
10:42:40 And I forgot to add that, which this letter was sent to an
10:42:46 area, a very expensive homes, very expensive homes, in an
10:42:52 area of one of the lowest areas in land where it gets -- it
10:43:03 could get pretty flooded.
10:43:05 So the perception to them and to me, where I own a property
10:43:10 ten blocks away and did not get one, is that this was the
10:43:14 notice to an area that has the wherewithal to pay and also
10:43:28 the gripe, if you will, about their street flooding.
10:43:33 And that's the perception.
10:43:34 The perception was this did not go out to everyone.
10:43:37 This went to a particular area with particular -- and that's
10:43:41 the perception.
10:43:42 I'm not saying that's the truth.
10:43:43 But that is the perception and that's exactly what came back
10:43:46 to me.
10:43:46 So thank you.
10:43:47 >>MIKE SUAREZ: Any other questions from council?
10:43:50 Before we go forward, Mrs. McLean, I want to clear up one
10:43:53 thing.
10:43:54 This item is just to certify the roll to go forward with the
10:43:57 current service assessment that we have already gotten on
10:44:00 the books?
10:44:02 >>JAN MCLEAN: Yes, sir.
10:44:03 >>MIKE SUAREZ: Thank you.
10:44:04 That's all I want to clarify.
10:44:05 I have a motion from Mr. Reddick.
10:44:07 A second from Mrs. Montelione.
10:44:09 All in favor of that particular motion signify by saying
10:44:13 aye.
10:44:13 Now I need a motion to close.
10:44:17 I have a motion from Mr. Reddick.
10:44:19 A second from Mrs. Montelione.
10:44:21 All in favor of that motion please indicate by saying aye.
10:44:24 Thank you very much.
10:44:25 Before we go to our 10:30 hearings, I would like to clear up
10:44:29 item number 111.
10:44:41 Mr. Maniscalco just left.
10:44:43 If we could clear this up.
10:44:45 This is regarding our rule 4-C concerning our rules
10:44:51 procedure and we have tied several times.
10:44:53 I would like to go forward with this if I could.
10:44:57 And ask one of the makers of the last motion to make a
10:45:00 motion to go forward with this so that we can clarify that.
10:45:04 Unless staff has something to add to this particular item.
10:45:08 Mr. Slater, do you have anything to add to item 111
10:45:13 something that we have not already heard?
10:45:15 >>JAKE SLATER: Just that I had the opportunity to meet with
10:45:21 Mr. Lobe last week about three hours and he's very
10:45:25 interested in working with the City of Tampa and he's waived
10:45:30 the $85,000 fee for the first year.
10:45:33 >>MIKE SUAREZ: Thank you.
10:45:34 Any questions from council? If I could get one of the
10:45:37 makers of the motion to make a motion concerning this
10:45:39 particular item.
10:45:40 >> I would like to move the resolution.
10:45:44 >>MIKE SUAREZ: We have a motion from Mr. Maniscalco.
10:45:46 We have a second from Mr. Miranda.
10:45:48 All in favor of that motion?
10:45:50 All those that are opposed please say no.
10:45:52 >>THE CLERK: [Off microphone.]
10:46:01 >>MIKE SUAREZ: Is that correct, members of council? I
10:46:08 think it is.
10:46:09 Thank you very much.
10:46:11 Okay, good.
10:46:14 Thank you for coming back to the dais, Mr. Maniscalco.
10:46:18 >>GUIDO MANISCALCO: Sure.
10:46:20 >>: Items number 96 through 100 need to be opened if I could
10:46:23 get a motion.
10:46:26 >> So moved.
10:46:27 >> Motion from Mr. Cohen.
10:46:28 Second by Mr. Maniscalco.
10:46:30 All in favor of that motion?
10:46:31 Any opposed?
10:46:33 Anyone that would like to speak on items 96 through --
10:46:37 excuse me, if I could have 101 also opened.
10:46:40 >> So moved.
10:46:41 >>MIKE SUAREZ: I have a motion from Mr. Cohen.
10:46:43 A second from Mr. Maniscalco.
10:46:45 All in favor of that motion?
10:46:47 Any opposed?
10:46:48 Okay.
10:46:48 Anyone that would like to speak on items 96 through 101.
10:46:52 96 through 101, please stand and be sworn in.
10:46:55 (Oath administered by Clerk)
10:47:02 >>MIKE SUAREZ: Before we go forward I am going to ask that
10:47:09 we start on item number 101.
10:47:11 This concerns our noise ordinance as we move forward.
10:47:18 If staff is available to make their presentation.
10:47:22 Mrs. Kert, do you see Mr. Schmid or anyone else from legal?
10:47:40 They were here earlier.
10:47:41 Maybe they are in the hallway.
10:47:44 Good morning.
10:48:00 Good morning.
10:48:01 >> Good morning.
10:48:17 Is the clicker working?
10:48:26 >>MIKE SUAREZ: We'll get it.
10:48:27 I am not sure who is going to talk.
10:48:29 I have two people standing there.
10:48:30 >> I'm speaking first.
10:48:31 Actually I'm captain --
10:48:34 >> I'm sorry.
10:48:34 >> Captain Barry Moss with TPD.
10:48:37 My area of patrol is sector B which is south of Kennedy.
10:48:41 I'm here to talk about the noise ordinance.
10:48:50 I don't know if I am doing something wrong.
10:49:06 >> If someone in the back room could come out here and help
10:49:13 us with this high-tech item we have got here.
10:49:16 Sorry, captain.
10:49:17 >> It's fine, thank you.
10:49:33 >>MIKE SUAREZ: They are working on it.
10:49:35 Captain, if you could start the presentation.
10:49:37 >> Basically what I present to you guys is based on the
10:49:40 noise ordinance, way did is a break down of the amount of
10:49:43 calls that we handle every year based on loud music
10:49:47 complaints.
10:49:47 We have broken it down in many ways.
10:49:50 Not to bore with you a bunch of statistics but I want you to
10:49:53 be sure you are aware of the amount of calls we handle every
10:49:56 year.
10:49:56 I went back as far as 2013.
10:49:58 For the entire city in 2013 we handled 5788 calls.
10:50:03 That's 5,788 calls for service.
10:50:06 In 2013 city-wide.
10:50:09 2014 we handled 5,719.
10:50:13 There you go.
10:50:14 And in 2015 we handled 5630.
10:50:18 So far this year, the first quarter, which is January
10:50:21 through April, we handled 1,944 calls for services in 2016,
10:50:26 which is quite a bit of calls.
10:50:28 So complaints at all times of day, when I compared the
10:50:32 numbers, the highest numbers are at nights and weekend.
10:50:38 We analyze it by grid what areas are the highest calls for
10:50:41 service.
10:50:43 South Howard leads with the highest numbers of calls then
10:50:47 East Tampa.
10:50:50 Then we took a look at I net complaints that come through
10:50:55 the city at I net.
10:50:57 Those are the calls we have had.
10:50:58 We only had 13 active complaints at this point for
10:51:03 supervisors, wherever they go to, close them out.
10:51:06 From 2004 to 11 we had 918.
10:51:11 Then 677 from 2012 to 2016.
10:51:17 Those are for e-mails, the I-net situation.
10:51:20 Then other avenues, City Council, they come through the
10:51:24 mayor's office.
10:51:25 Those numbers are not included.
10:51:26 When you guys get noise complaints and you send them forward
10:51:29 to us, those numbers are not included.
10:51:32 And the mayor's office I'm sure get quite a bit.
10:51:36 Next slide, please.
10:51:39 So I broke it down to a little visualization, broke it down
10:51:48 by district.
10:51:49 District 1, 2 and 3 here.
10:51:51 And you can see which has the greatest number of calls here.
10:51:56 That's why I broke it down.
10:51:57 This is 1900 basically.
10:51:59 District 2 had 2200.
10:52:01 District 3 had 1615 calls for service.
10:52:07 For 2013.
10:52:08 I did the same for 2014.
10:52:10 And then again I did it in 2015.
10:52:13 So district 2 led it off every year, followed by district 1,
10:52:18 and then district 2 right behind it for calls for service.
10:52:23 So far from January to April, 2016, this is what it looks
10:52:28 like.
10:52:29 District 1 and district 2.
10:52:31 655 to 656 calls for service just this year.
10:52:41 So what I did is I wanted to give you a breakdown to
10:52:45 understand what we are talking about by day of the week.
10:52:50 Saturday is our busiest night.
10:52:52 We have 65067 calls roughly so far since January.
10:52:58 Sunday we had 425.
10:53:00 So the question you ask me C why are Sundays so busy for
10:53:03 loud music, it's falling over from Saturday.
10:53:07 Saturday 2400.
10:53:08 Sunday, then it goes to 425.
10:53:12 So that's why Sunday looks so busy is because of the fact
10:53:15 that -- should I move on?
10:53:21 What I did on this slide is I wanted to show you the amount
10:53:24 of calls for service.
10:53:26 So the bottom line where you see, and it runs from left to
10:53:31 right on the bottom, 160, those are actually the grid
10:53:34 numbers of the area.
10:53:37 160.
10:53:41 108 is East Tampa.
10:53:42 38 is North Tampa.
10:53:43 86 is in the area where Mr. Daniels lives.
10:53:47 That area off MLK between 30th and 40th Street.
10:53:55 The top one, that's basically from January to April we had
10:53:59 109 calls so far this year in SoHo area for loud music.
10:54:05 49 in East Tampa.
10:54:06 I broke it down to kind of give you a visual.
10:54:09 And I did it basically for the top 21 grids.
10:54:12 The top 21 calls for service.
10:54:15 So far so good?
10:54:18 I kind of want to give you one last picture.
10:54:25 I broke it down here to give you a better visual.
10:54:28 If you go down all the way down to 425 calls for service, I
10:54:35 ran that all the way through Saturday, the amount of calls
10:54:37 for service.
10:54:38 And then I took the one with the 25 or more that we have had
10:54:43 based on the night of the week.
10:54:45 So again being Saturday running into Sunday, right around
10:54:49 2300 hours, it runs back into Sunday.
10:54:52 I just wanted to make sure that you picture the amount of
10:54:56 calls that we handle on the weekends.
10:54:59 The last one is I call the shotgun blast.
10:55:02 And I just want to tell you that this is not just SoHo or
10:55:07 not just East Tampa.
10:55:09 It's across the entire city that this noise happened.
10:55:15 Then the top right of the map there, that's actually Tampa
10:55:18 Palms area.
10:55:19 And we do handle calls of noise at Tampa Palms.
10:55:23 So basically that's my break down of what I have done for
10:55:26 the loud music, the amount of calls for service.
10:55:29 That's basically what I have unless there's any questions.
10:55:34 I would be happy to answer.
10:55:35 >>MIKE SUAREZ: Any questions of the captain at this point?
10:55:41 Okay.
10:55:41 Mr. Schmid, do you have something to add concerning the
10:55:45 legality of the ordinance?
10:55:47 >> I would like to take you through the recommended changes
10:55:51 in the ordinance, and put the slide back up.
10:55:55 Mike Schmid, assistant city attorney.
10:56:03 Again we hopefully get this presentation back up.
10:56:05 There were some slides on it that I was going to use.
10:56:09 The recommendations we had, we also were before City Council
10:56:15 several weeks ago when we presented a draft of this.
10:56:20 At that point we went over some of the recommendations then
10:56:23 with you.
10:56:27 We set this for first reading for today.
10:56:29 So here we are.
10:56:31 The authority to regulate noise, we can begin with chapter
10:56:36 84-446, laws of Florida.
10:56:43 I apologize, that's not ours.
10:56:48 We need to pull ours back up.
10:56:50 The one that was up.
10:56:51 But in the meantime, I will go through it.
10:57:00 >>MIKE SUAREZ: Is it marked in the back?
10:57:09 Page 5, first presentation.
10:57:12 Can we bring that up?
10:57:14 Thank you.
10:57:14 I apologize.
10:57:16 >> The recommendations we had is first with regards to this
10:57:19 ordinance that were presented for first reading is to strike
10:57:22 the current ordinance which is currently under chapter 14,
10:57:25 article 3.
10:57:26 It's under 14-151 and 14-152.
10:57:33 The reason we would strike it, because with the changes,
10:57:33 it's easier just to strike it and come back with a new
10:57:38 ordinance.
10:57:39 The other reason is the new ordinance provision take 14-151
10:57:46 and break it out.
10:57:47 One of the problems we had with 14-151 is some people
10:57:52 thought it was too long.
10:57:53 It was approximately 5 pages long so if somebody was
10:57:56 tripping through it to find the enforcement section or find
10:57:59 where it talks about citation, they might have difficulty in
10:58:02 finding it in a five page ordinance.
10:58:04 So one of our recommendations is to break out the 14-151
10:58:09 into individually sections.
10:58:13 For example, in our new ordinance we take 14-151 and we
10:58:17 create that as the purpose of the ordinance.
10:58:19 So then we create 14-152 which is definition section.
10:58:25 Definition section, some of the definitions were in the
10:58:30 previous ordinance but we have also added some definitions.
10:58:33 That was one of our recommendations to provide additional
10:58:36 clarity to those who might have a question as to what a term
10:58:39 means.
10:58:39 Now if there's any questions about what a term means
10:58:41 throughout the ordinance, somebody hopefully will know just
10:58:44 to flip through the definition section.
10:58:47 14-153 is created from 14-153-A and B-1.
10:58:54 We took A and B-1 and we titled it as 14-153, and noise from
10:59:01 a property prohibited in central business district, Ybor
10:59:04 City historic district, and Channel District.
10:59:07 We did not make any substantial changes in 14-153.
10:59:13 There is a change that our noise consultant will address
10:59:18 with you here shortly.
10:59:23 With a 10 to 20-second measurement, we are now doing a
10:59:28 30-second LEQ.
10:59:32 There was a comment from a Mr. Schiff who stated that he had
10:59:37 concerns about the fact -- and he's written to City Council
10:59:41 as well -- he has concerns about the 30-second language as
10:59:46 currently written with the words at a minimum of 30 second.
10:59:52 Our noise consultant has considered that as well as EPC.
10:59:56 One of the considerations in the language that Mr. Schiff
11:00:02 had was the words "at a minimum" and somebody might say what
11:00:08 if it was over a 24-hour period?
11:00:10 Anyway, one of the recommendations I had today for City
11:00:13 Council to consider the language at a minimum based on Mr.
11:00:17 Schiff's request, and maybe including just the words "for."
11:00:21 So striking "at a minimum" in our first read and changing it
11:00:26 with "for."
11:00:28 That is page 11 line 43.
11:00:33 And then that same language is also in page 13, line 4
11:00:47 Taking lines 3 and 4, taken at a minimum of 30 seconds, and
11:00:55 replacing the words at a minimum with the word "for" so that
11:01:01 would make it say for 30 second rather than at a minimum,
11:01:04 and I believe that one address part of Mr. Schiff's
11:01:08 concerns.
11:01:09 Other than that I don't have any other changes in the
11:01:11 ordinance that I am presenting for first read.
11:01:15 So I will continue with my presentation.
11:01:18 >>HARRY COHEN: Councilman Montelione has a question.
11:01:22 >>LISA MONTELIONE: Thank you, Mr. Chair.
11:01:24 I guess I am not understanding how changing "of" to "for"
11:01:31 makes the point of Mr. Schiff that seems as weakening -- I
11:01:42 think the word he used was "eviscerate" the noise ordinance,
11:01:48 if you have the 30 second.
11:01:49 So how is that addressing his point?
11:01:52 >> I apologize.
11:02:00 Sometimes I try to speak too fast so I didn't cover
11:02:03 everything.
11:02:04 But since you asked, I will go in a little more detail.
11:02:08 The 11 to 20 seconds, when we initially were working on
11:02:13 these recommendations a couple of years ago, and we are
11:02:16 going to come back to you in 2014 with recommendations, we
11:02:20 were working on drafting this, restyling it, and then as you
11:02:24 know there was a pause in our come back to you based on
11:02:28 litigation.
11:02:30 Now that the litigation is over, we are coming back to you
11:02:32 with recommendations.
11:02:33 Well, during that period of time of the litigation, we hired
11:02:37 a noise consultant who is here today to address you, has
11:02:41 also submitted a report to you, and the noise consultant was
11:02:45 asked to look over our ordinance and see if there were any
11:02:49 recommendations.
11:02:49 And he will explain to you that one of his recommendations
11:02:53 is that the 10 to 20-second period of time we had for our
11:02:58 reading be changed to a 30-second LEQ.
11:03:02 And I believe when he spoke to us, he said, you know, I
11:03:06 recommend at a minimum 30-second LEQ be taken.
11:03:10 So we use those words "at a minimum."
11:03:13 So what the -- by taking the words at a minimum out and
11:03:18 replacing them with "for" I think that addresses part of Mr.
11:03:23 Schiff's concerns which is at a minimum language, and be
11:03:26 perceived by somebody to mean that I could go out in front
11:03:28 of a property, take a 24-hour measurement, say, well, look,
11:03:33 you said at a minimum.
11:03:34 So I think -- but the 30 second was recommended by our
11:03:41 expert.
11:03:41 That's why we were replacing it from 10 to 20.
11:03:45 >>LISA MONTELIONE: Okay.
11:03:46 All right.
11:03:46 >> So 53, the only substantial change in that when we moved
11:03:52 it over was replacing the LEQ language that I just
11:03:57 discussed.
11:03:59 Everything else primarily stayed the same.
11:04:01 We left the decibel levels.
11:04:03 And that's the method of enforcement out and the Ybor City,
11:04:07 central business and Channel District.
11:04:10 14-154 is excessive noise from property prohibited in all
11:04:15 other areas.
11:04:16 There were some changes in 14-154.
11:04:19 It got moved over from 14-151-B-2.
11:04:25 14-151-A and B-2 technically.
11:04:29 It does continue with the idea of using the objective
11:04:33 standard of noise meters, and unreasonable excessive noise
11:04:38 from a property.
11:04:39 Those stayed the same.
11:04:40 We did not change those levels.
11:04:42 Those levels were all enacted by City Council previously
11:04:47 after hearing testimony from experts and consultants in the
11:04:49 past.
11:04:52 We have moved all of the transcripts of those hearings in
11:04:54 for City Council, but we are relying on our past levels and
11:05:00 asking they remain the same so we didn't change any of --
11:05:05 what we thought was needed though was in paragraph
11:05:07 14-154-B-3, page 12, line 21, it says if unreasonably loud
11:05:19 as defined in this section.
11:05:20 So what that means is we could use a noise meter or we could
11:05:24 prove that it was unreasonably loud raucous.
11:05:27 And we previously in 2013 went to similar idea of this and
11:05:32 using the term plainly audible to define unreasonably loud
11:05:36 raucous.
11:05:37 We continue to do that.
11:05:38 We still have a plainly audible definition in here that says
11:05:42 it will be prima facie evidence if the noise is plainly
11:05:45 audible after 10 p.m.
11:05:47 One of the changes there from the previous ordinance, it
11:05:50 didn't say after 10 p.m. for plainly audible, which would
11:05:53 mean that if noise was plainly audible for more than 100
11:05:57 feet away from a property, it could have been used as prima
11:06:00 facie evidence that the noise was loud and raucous at any
11:06:04 time.
11:06:06 In discussing it with others, one of the recommendations
11:06:12 attorneys made to us, and outside individuals during this
11:06:15 long process, is they wanted a time frame for the plainly
11:06:18 audible standard.
11:06:19 So we are putting a time frame in at 10 p.m., when most
11:06:25 people are starting to go to bed at night and things like
11:06:28 that.
11:06:28 The plainly audible standard would be one that would be able
11:06:31 to be enforced by law enforcement at 10 p.m. if they could
11:06:35 hear it at 100 feet or more as defined in the standard.
11:06:41 Now, what that doesn't capture is the scenario when somebody
11:06:45 is complaining before 10 p.m. about noise.
11:06:49 But maybe it can be captured using a meter.
11:06:53 So we need to fill in that gap.
11:06:55 And that's filled in by defining loud and raucous under
11:07:02 paragraph C there, 14-154.
11:07:06 It says determining whether the sound is unreasonably loud
11:07:09 or raucous under this section.
11:07:11 Paragraph 1 says at any time.
11:07:13 So at any time of the day, it's complaint driven, meaning
11:07:17 somebody calling saying I want to make a complaint, I want
11:07:20 you to come out here and I am willing to speak to you.
11:07:23 If it's a complaint-driven situation, the officer can
11:07:26 consider these criteria.
11:07:28 And we laid out specific criteria.
11:07:30 Biopsies we want this to be as well defined as we possibly
11:07:34 can.
11:07:35 And so we put out these criteria for the officer to use and
11:07:39 consider when it comes out based on a complaint at any time
11:07:41 of the day.
11:07:42 So we are hoping that this will strengthen our ordinance and
11:07:45 provide everybody with the understanding of when noise is
11:07:49 unreasonably loud raucous or when noise is excessive.
11:07:57 You go on now to 14-155, unreasonably excessive noise from a
11:08:02 vehicle prohibited.
11:08:03 That was taking 14-152.
11:08:06 We moved it into 155.
11:08:08 Previously it was motor vehicle.
11:08:09 We have strict ten word motor and defined the term vehicle.
11:08:13 This was as everybody is aware, in East Tampa, our problem,
11:08:17 and there have been a lot of complaints in East Tampa, in
11:08:19 fact when our noise consultant went out to East Tampa the
11:08:23 problems weren't based on bars or businesses or anything
11:08:26 like that.
11:08:27 It was just people in the streets traveling, traversing on
11:08:32 bicycles or vehicles, and so we decided the term motor
11:08:36 vehicle should be replaced with just the term "vehicle."
11:08:41 And it would still keep the standard of plainly audible at
11:08:46 50 feet or more from the vehicle.
11:08:48 14-156, placement of loudspeakers, that was just being moved
11:08:54 from what was 14-151-I.
11:08:58 Then you go on to 14-157, unreasonably excessive noise
11:09:03 declaring a public nuisance.
11:09:04 We formally had noise declared as a public nuisance in the
11:09:08 past.
11:09:09 We took that language out at some point.
11:09:11 We were recommending it goes back in because that would
11:09:14 allow people -- it clarifies that we can in fact see an
11:09:22 injunction for a public nuisance.
11:09:24 That would allow citizens or the City of Tampa the option to
11:09:27 go in and seek an injunction.
11:09:28 If we do that now under our ordinance it's not technically
11:09:33 declared a public nuisance.
11:09:34 There could be somebody challenging the fact that our
11:09:36 ordinance doesn't say it's a public nuisance.
11:09:38 Therefore we are recommending language be put in therein
11:09:41 specifically to declare noise as a public nuisance.
11:09:44 14-158 which created from 14-151-H, it provides for
11:09:57 exemptions.
11:09:58 We have taken them from 18 to 10.
11:10:00 Some of them were merged.
11:10:01 Some of them were just stricken.
11:10:03 The reason we did that is based on review of case law there
11:10:06 was some legal concerning concerns we had of some of the
11:10:10 exemptions.
11:10:11 We feel that strike it do I know to just 10 made our
11:10:14 ordinance stronger and more legally defensible.
11:10:17 14-159 was created from 14-151-J.
11:10:21 To provide for the enforcement by officers.
11:10:24 The term officer is defined in the definition section.
11:10:30 To allow for a more uniform prosecution of violations.
11:10:33 Technically if I take a noise meter it is potentially a
11:10:37 county court violation prosecution by up to 60 days in jail.
11:10:41 But if we bring the enforcement mechanism to plainly audible
11:10:46 standard it would be a civil citation. This just brings
11:10:49 more uniformity no matter how the officer chooses to measure
11:10:53 the sound, then the enforcement is the same.
11:10:58 It's a civil infraction for the first two offenses.
11:11:01 It does go on to state in there that if it's the third
11:11:06 offense within a 12-month period it could be punished in
11:11:09 accordance with 1-6.
11:11:11 >>MIKE SUAREZ: Mrs. Montelione has a question on the
11:11:14 enforcement section.
11:11:15 >>LISA MONTELIONE: And he knows exactly what I am going to
11:11:18 say, because we discussed this at length last week.
11:11:24 When we heard the noise ordinance back, whatever date that
11:11:31 was, back in May of 2013, the provisions that were provided
11:11:37 to us for enforcement included jail time.
11:11:40 And I fought against having individuals serve jail time for
11:11:48 a noise ordinance.
11:11:49 I believe in the noise ordinance.
11:11:51 I know it's needed.
11:11:52 I support the noise ordinance.
11:11:54 But I don't want to see individuals, particularly the
11:12:00 individuals who often are violating the ordinance, spending
11:12:04 time in jail.
11:12:08 So we have enough people in our jail system on minor
11:12:14 charges, and as officers can attest, at any time an officer
11:12:20 can find cause to arrest someone.
11:12:22 But to have it, section 14-159, letter B, line 33, on page
11:12:33 15, I would want to have stricken.
11:12:40 There is no reason to have jail time as a part of this
11:12:44 ordinance because officers can always, if someone is being
11:12:48 belligerent, or ignoring their direction, can exercise that
11:12:54 right.
11:12:57 But I don't believe it belongs here.
11:12:58 And back in May when we had this discussion, and it was
11:13:04 publicized in the media, there were many articles that were
11:13:07 written and many people who spoke out in agreement that jail
11:13:12 time should not be in there, including members of the
11:13:18 African-American community don't want to see more people in
11:13:20 jail.
11:13:20 >>FRANK REDDICK: If you made that a motion I would
11:13:26 definitely second it.
11:13:27 >>MIKE SUAREZ: Mr. Cohen had a question.
11:13:30 >>HARRY COHEN: I wanted to get a little clarification on
11:13:34 what you wanted pulled out.
11:13:35 Because if I remember correctly, we actually had a
11:13:38 discussion about this and decided to leave it in.
11:13:43 And maybe there could be some clarification on exactly what
11:13:47 is the penalty that is threatened and what would trigger it?
11:13:52 >>LISA MONTELIONE: Okay, so --
11:13:54 >>HARRY COHEN: I really wasn't asking you, I was asking the
11:13:56 attorney.
11:13:56 >>LISA MONTELIONE: Okay.
11:13:58 >> As the ordinance currently written is being proposed to
11:14:07 you, the first violation is a class 2 civil violation that
11:14:12 would be $150 fine.
11:14:14 The second violation would be 300.
11:14:16 Third and subsequent would be $450 fine.
11:14:21 The section B allows that if during a 12-month period an
11:14:27 officer is dealing with excessive noise violation for the
11:14:33 same offense within the 12-month period, in which two
11:14:37 citations have been issued, then the officer could elevate
11:14:40 it as a notice to appear or arrest, meaning the officer
11:14:45 would write what's called a criminal report affidavit, would
11:14:50 write the report, give a notice to appear to come to county
11:14:54 criminal court where the individual could be punished by up
11:14:56 to 60 days in jail, or the officer could, if he did not
11:15:01 issue a notice to appear, could actually tan them straight
11:15:06 to booking.
11:15:06 >>HARRY COHEN: Is that the order third offense or fourth
11:15:10 offense?
11:15:10 >> That would be the third offense within a 12-month period.
11:15:13 >>HARRY COHEN: The third offense in a 12-month period.
11:15:16 >> Right.
11:15:17 As it's currently written.
11:15:19 And this was just, you know, the reason the recommendation
11:15:22 is in there is because again we had of a sort of bifurcated
11:15:27 system last time where we had one using criminal write off
11:15:30 the bat, 1-6, possible penalties.
11:15:36 Then we had civil citation.
11:15:38 So since we are now recommending they start owl at civil, we
11:15:41 just thought that City Council might want something about a
11:15:45 potential violation being 1-6.
11:15:49 >>HARRY COHEN: So I guess I would just say to the others, I
11:15:52 understand what you are saying, but I think at some point in
11:15:57 a 12-month period -- I mean, how many times is it going to
11:16:00 be where that's finally going to become an option if someone
11:16:04 doesn't comply?
11:16:05 Maybe two times is too few.
11:16:07 But, you know, four times, five times?
11:16:10 You know, where the person just will not comply with the
11:16:14 law.
11:16:14 Go ahead.
11:16:15 >>MIKE SUAREZ: Go ahead, Mr. Reddick.
11:16:20 >>FRANK REDDICK: And I cannot support that.
11:16:27 We don't want to criminalize any individuals because they
11:16:33 are playing music.
11:16:35 You give a citation and they are playing music and you want
11:16:38 to criminalize it.
11:16:41 And the problem that I have with this, once they enter into
11:16:46 the criminal justice system, their whole future is damaged.
11:16:52 Because they played music.
11:16:55 We can do better than what we are proposing by criminalizing
11:16:58 these people.
11:17:00 Yes, fine them.
11:17:05 Find other mechanisms to deal with this.
11:17:07 But when you put them in that criminal system, you are
11:17:13 taking those people away because of music.
11:17:17 They have not commit add violent crime.
11:17:22 They have not done anything seriously to violate the law.
11:17:26 It's just music.
11:17:28 And I can tell you right now those people who are going to
11:17:30 be in that system are going to be young African-Americans
11:17:38 who drive those cars, and those who ride their bicycles in
11:17:44 the black community with music on their bike.
11:17:47 These are the ones that going to end up in the criminal
11:17:50 justice system.
11:17:50 And these are the ones that will be ruined for the rest of
11:17:53 their lives because they are denied job opportunities.
11:17:57 They are denied entrance into a college.
11:18:00 And this is all because they are playing music.
11:18:05 I'm the biggest opponent of doing something about this
11:18:07 music.
11:18:08 I hear it every day.
11:18:12 Like the rest of them here.
11:18:13 People ride in my neighborhood with music blasting.
11:18:16 And windows shaking.
11:18:18 I hear it.
11:18:21 But that doesn't qualify them to go to jail.
11:18:25 And that's the problem I am having.
11:18:26 And that's the reason why I wouldn't second that motion
11:18:30 because -- why I was going to second that motion because we
11:18:35 are going to penalize these individuals and have them go to
11:18:38 jail we are not only doing a service to these individuals
11:18:41 but to the community of this city government body.
11:18:45 >>MIKE SUAREZ: Before you go, Mr. Cohen.
11:18:49 Hang on a second.
11:18:50 Illegality you answer.
11:18:51 If there's going to be a motion I will ask Mrs. Montelione.
11:18:53 But before I go back to Mrs. Montelione I am going to ask
11:18:57 anyone else that might have a comment before we go forward.
11:18:59 >>HARRY COHEN: I just wanted to -- my concern is, what
11:19:08 about a business that continually violates the ordinance,
11:19:14 because to pay the fine is cheaper than to comply, we just
11:19:18 keep going on and on and on.
11:19:20 So I am wondering if there's a way that perhaps we can leave
11:19:23 the penalty in place -- maybe it wouldn't apply to the
11:19:29 vehicle section but it would apply to a situation where it's
11:19:32 a problem in a residential neighborhood coming out of a
11:19:36 business establishment.
11:19:37 I'm just throwing that out as an option.
11:19:41 >>MIKE SUAREZ: Mrs. Capin, off comment or question?
11:19:44 >>YVONNE CAPIN: Yes.
11:19:45 Thank you for that.
11:19:45 I agree with that.
11:19:46 Because, yes, for individuals it's a very harsh punishment.
11:19:54 But for businesses, than the fines are just, for many of
11:20:01 them, just part of doing business.
11:20:04 So they need to be hold their feet to the fire that this is
11:20:10 very serious and we are not going to tolerate them doing --
11:20:14 disturbing the peace, as it were.
11:20:17 So thank you, Mr. Cohen, for that.
11:20:18 That's where I was going.
11:20:19 And I appreciate it.
11:20:20 >>MIKE SUAREZ: Any other comments or questions, Mrs. Capin,
11:20:27 before we go forward?
11:20:29 Mr. Miranda.
11:20:29 >>CHARLIE MIRANDA: I appreciate everything that's been
11:20:32 said.
11:20:34 Counselor, let me ask you this.
11:20:36 What happens if you get a fine and it's not paid first time
11:20:38 and you get arrested the second time, or given a citation
11:20:42 the second time and you haven't paid the first fine?
11:20:44 What happens?
11:20:45 >> Fines are currently given 30 days to pay.
11:20:48 If they don't pay, we set it for county court.
11:20:52 We currently go in front of a judge in county court.
11:20:55 They have an arraignment date.
11:20:58 If they are either found in violation at a hearing, or if
11:21:03 they choose to plead, they are then given a time period to
11:21:07 pay to the clerk's office, of which some of that money
11:21:09 obviously comes back to us.
11:21:11 So they are going to have to actually -- to get to your
11:21:15 answer, if they don't paper that civil citation, what
11:21:18 currently happens is the clerk's office, they have a deal
11:21:22 with a collection agency.
11:21:24 The collection agency, gets turned over to collection agency
11:21:26 and they try to --
11:21:29 >>CHARLIE MIRANDA: I am not worried about the money, I am
11:21:31 worried about the act of committing something and you
11:21:34 haven't paid the first one and you wade 40 days and get
11:21:38 another citation for the same thing.
11:21:40 What happens then?
11:21:40 >> It would be elevated to a second violation.
11:21:42 We would pursue it on that.
11:21:44 >>CHARLIE MIRANDA: I understand the comments that were
11:21:50 made.
11:21:53 You get a Hispanic party, I'll Shobe you loud noise.
11:21:57 And I agree that you shouldn't go to jail the first, second,
11:22:03 third time.
11:22:03 I agree with Mr. Cohen's comment about a business.
11:22:06 It happens all the time everywhere.
11:22:08 But if we have a system in place, and you can keep paying
11:22:13 and nothing happens, you just keep paying.
11:22:17 You can do what the hell you want, I guess.
11:22:20 If you have enough money you can buy anything us want.
11:22:23 >> And that is one concern that we heard from citizens and
11:22:29 others.
11:22:29 And so what we also are recommending in our noise ordinance
11:22:35 proposed here today in front of you is a change to the
11:22:38 public Nuisance Abatement Board.
11:22:40 So we believe that also clarifying that you had the
11:22:43 injunctive route is another tool.
11:22:45 And then we also now are creating another tool, public new
11:22:49 business sans abatement.
11:22:50 We have gone into chapter 14, 293, and that's also contained
11:22:53 in this ordinance.
11:22:55 We have gone into there, and we have added now the option of
11:22:59 noise becoming a public nuisance abatement.
11:23:02 So if a property continues to be a nuisance, we are going to
11:23:06 take them in front of the nuisance abatement board.
11:23:09 We are going to tell the property owner we have an issue
11:23:12 with your property.
11:23:13 If it's not straightened out we are going to bring knew
11:23:16 front of the Nuisance Abatement Board.
11:23:17 So that's another Avenue we can also pursue.
11:23:20 >>CHARLIE MIRANDA: And I understand that.
11:23:22 And I don't know how many cases have been before the board,
11:23:27 but we haven't done many of them in the last 30 years.
11:23:30 I don't think we have five of them.
11:23:34 That's all I am going to say.
11:23:35 >>MIKE SUAREZ: Before we go forward, you know, I just have
11:23:38 a quick question before I go to Mrs. Capin and then back to
11:23:41 Mrs. Montelione.
11:23:42 And Mr. Maniscalco, do you have any comments at this time?
11:23:47 >> No.
11:23:49 >>MIKE SUAREZ: Mr. Schmid, here is the question I have.
11:23:55 The Nuisance Abatement Board is probably a good idea for a
11:23:58 property or business owner because I think that's one of the
11:24:01 few ways we can use some type of enforcement mechanisms,
11:24:04 short of doing some of the fines.
11:24:07 As was mentioned previously there may have been a business
11:24:09 that they will continue to pay those fines without any kind
11:24:11 of implications to them because they have got deep pockets
11:24:14 for whatever reason.
11:24:15 But I think that what has been said by all my colleagues
11:24:20 concerning the criminalization of someone that has gotten
11:24:23 the citation might be something for us to look at in terms
11:24:26 of not having that.
11:24:28 I know we worked on this before it became quite an issue
11:24:33 when we first voted on it back in 2013 that civil citation
11:24:37 might be the best way of going so that we can try and
11:24:39 alleviate this.
11:24:41 I do like the fact that we can use the nuisance abatement
11:24:44 issue, and maybe be stronger in terms of enforcement on
11:24:48 nuisance, because as Mr. Miranda mentioned, not a lot of
11:24:51 them have come before us, or probably not a lot of activity.
11:24:54 In Nuisance Abatement Board.
11:24:56 I don't know that for sure but that's my guess.
11:24:58 I think that's part of it which is now that we have a solid
11:25:01 mechanism to enforce what we have going forward, because of
11:25:04 what has happened in the courts -- and that's one of the
11:25:07 issues that we had, over three years, we have been waiting
11:25:10 for the courts to essentially decide something that we could
11:25:13 then -- I thank you for doing this, and I think it's a
11:25:17 pretty solid ordinance going forward.
11:25:19 But now we really need to make an effort to enforce what we
11:25:23 are going to put on the books if this passes.
11:25:25 So we need to figure out and make sure that we are going to
11:25:28 have that enforcement mechanism, because these ordinances
11:25:31 mean nothing until we have actual enforcement activity going
11:25:35 on.
11:25:37 And that's not something necessarily for your department,
11:25:40 but it definitely is something that you can help direct with
11:25:44 the rest of the administration.
11:25:46 Go ahead, sir.
11:25:47 >> Mr. Schmid: Just to address something that Mrs.
11:25:55 Montelione said.
11:25:57 Ordinances technically under the laws are not crime.
11:25:59 They are ordinance violations.
11:26:01 Cities have been given the authority to punish them by up to
11:26:05 60 days.
11:26:05 And that's what our 1-6 does.
11:26:08 The reason I bring this up is technically we are not
11:26:11 criminalizing it by saying you can punish it by 1 open 6 but
11:26:15 we are allowing for up to 60 days jail which obviously the
11:26:18 same thing the criminal justice system does.
11:26:21 So it's frequently referred to as punish it like a crime.
11:26:24 >>MIKE SUAREZ: The way I presented it, I apologize.
11:26:28 >> No, I am just clarifying because I just wanted to make
11:26:32 sure we are all on the same page.
11:26:34 I also didn't mention earlier that there is a 5 minute
11:26:37 warning period.
11:26:38 So hopefully that's going to resolve a lot of these
11:26:41 complaints when you give them a warning.
11:26:43 Hopefully the person will comply and we won't have to deal
11:26:46 with this.
11:26:48 That's for property, not for the noise from vehicles which
11:26:51 are transient, if you were to warn a vehicle and it would
11:26:56 take off.
11:26:57 Soap the other issue, I just want to clarify for what Mrs.
11:27:00 Montelione said, is under 23.5.
11:27:07 It is one method of enforcement and the city always had
11:27:09 different methods of enforcement and this is what I think
11:27:13 Councilman Montelione was referring to when she said doesn't
11:27:16 an officer already have the option of elevating this to
11:27:19 punish it in a different way rather than a civil citation?
11:27:24 Under 23.5 at the end it does say this is one method of
11:27:27 enforcement and it's not meant to prohibit or limit other
11:27:30 methods of enforcement.
11:27:32 And this ordinance also has very similar language to that.
11:27:35 So if you were an officer were to decide to use a citation
11:27:39 or for some reason she's saying that if they wanted to
11:27:42 elevate one to a 1-6 violation rather than an ordinance,
11:27:47 technically our code would allow that.
11:27:50 However, we always like to provide guidance to the officer
11:27:53 so that we are treating everybody the same.
11:27:56 So, therefore, we like to put in language that specifically
11:27:59 says treat this as a 23.5 civil citation, or if these things
11:28:05 happen, then consider elevating it to the 1-6.
11:28:08 That's why we put that language in there, although
11:28:10 technically you are correct, even upon a first violation,
11:28:14 there are always alternatives methods of enforcement.
11:28:16 >>MIKE SUAREZ: Mrs. Capin?
11:28:18 >>YVONNE CAPIN: I am going to go back to the public
11:28:21 Nuisance Abatement Board.
11:28:22 And I beg to differ, because the new currency is time.
11:28:28 And any business that has to sit here is going to think
11:28:34 about coming back.
11:28:37 I'm going to tell you that.
11:28:39 I can see the sea of business people sitting out there.
11:28:44 (Laughter)
11:28:44 This is very true.
11:28:46 I owned a business.
11:28:47 I was self-employed my entire life.
11:28:49 Whenever I had to go to court because someone stole
11:28:52 something from me it was torture.
11:28:54 It was just the whole entire day.
11:28:58 And that cost money.
11:28:59 That cost money.
11:29:00 Time is money.
11:29:01 So I tend to think that that would be maybe the fourth
11:29:07 alternative before we send them to jail.
11:29:11 Talking about the businesses not paying attention, because
11:29:14 if anybody should pay attention it's a business.
11:29:16 So I would tend to support the public Nuisance Abatement
11:29:22 Board, because of that, because I think they will not want
11:29:26 to come back.
11:29:28 That's it for me.
11:29:29 Thank you.
11:29:30 >>MIKE SUAREZ: Before we go forward, we still have some
11:29:33 more presentation to make.
11:29:34 Mrs. Montelione, if you don't mind waiting until after the
11:29:37 presentation or if you would like to make your motion now.
11:29:40 >>LISA MONTELIONE: Well, there are a few things that I
11:29:42 would like to add.
11:29:43 >>MIKE SUAREZ: Because they still have presentation.
11:29:45 >>LISA MONTELIONE: I understand that.
11:29:47 But the discussion went beyond what I had initially
11:29:52 mentioned.
11:29:53 But the public Nuisance Abatement Board, there's not been
11:29:59 many cases brought.
11:30:00 I mean, why is that?
11:30:02 I think we just need to do a better job at having businesses
11:30:07 be responsible and having them, as Mrs. Capin said, suffer
11:30:11 through coming before an abatement board.
11:30:14 And if therein hasn't been many cases it is because we have
11:30:21 folks out on the street that aren't playing that hand, like,
11:30:25 oh, you aren't going to comply, I am going to issue the
11:30:28 business.
11:30:30 What I want to be careful of, too, is just as we talked
11:30:33 about a while back the underage drinking, I don't want the
11:30:37 manager of an establishment be the one to get a citation
11:30:43 because they are the ones who are in the club, because,
11:30:47 again, they are following the direction of the property
11:30:50 owner, of the bar owner, of the operator, and either they
11:30:54 turn it down, or, you know, they not get the citation, or if
11:30:59 they don't turn it down they lose their jobs.
11:31:02 So the business aspect of it, I think, is a different topic
11:31:11 than what we are trying to address in this ordinance, when
11:31:15 we talk about alloyed noises coming from homes if they are
11:31:20 having a party late at night and things of that nature.
11:31:23 I think the business aspect has to be addressed, and maybe
11:31:29 in a different way, so that we can address Mr. Cohen's
11:31:34 concept.
11:31:40 We can address Mr. Cohen's concerns and concepts about
11:31:42 treating a business differently than we are treating an
11:31:45 individual.
11:31:50 So it is provided within the public nuisance in this
11:31:54 language, is it not?
11:31:56 >> Mr. Schmid: Our proposal is to put it into the public
11:32:03 Nuisance Abatement Board.
11:32:05 It's actually right now on page 17, line 22, is the new
11:32:12 language.
11:32:13 We would strike the language just above it.
11:32:16 Basically ending what could be punished.
11:32:19 Currently publication comes from 893-138 of Florida statute.
11:32:29 The city has adopted it and moved it into a city ordinance.
11:32:33 However, based on our home rule power and based on legal
11:32:38 opinion, we sought and reviewed, we believe we have the
11:32:41 ability to expand what public nuisance --
11:32:45 >>LISA MONTELIONE: So yes or no?
11:32:46 The public nuisance is addressed in the language that we
11:32:49 have in front of us?
11:32:50 >> Currently, yes, it would be --
11:32:52 >>LISA MONTELIONE: Okay.
11:32:52 >> It would be line 23.
11:32:54 >>LISA MONTELIONE: Thank you.
11:32:55 That's way was looking for.
11:32:56 >>MIKE SUAREZ: Continue your presentation, sir.
11:32:58 >> Mr. Schmid: On that, if I could, I noticed there was a
11:33:03 typo there and I apologize.
11:33:05 It says one more than two.
11:33:07 Obviously that was supposed to say on more than to.
11:33:11 And if it could reflect on more than two occasions.
11:33:15 >>MIKE SUAREZ: Okay.
11:33:16 >> To conclude my present aches, it's basically the
11:33:24 remainder of it is pretty much 14-160, 161, 162, 163, really
11:33:31 which are taken from 14-151 and moved over.
11:33:34 14-164 to 175 is reserved.
11:33:37 14-293, powers of the nuisance abatement women we discussed.
11:33:43 To address Mrs. Montelione's question, though, concerning
11:33:47 how cases are brought, currently TPD does make cases, they
11:33:51 do send letters out to properties, and oftentimes these
11:33:54 properties are compliant based on just the warnings and the
11:33:57 letters that get sent out to the property.
11:34:02 23.5 is the revision to the schedule of violations, adding
11:34:06 the 14-153, 154, 155.
11:34:12 Section 5-3, 1.2 is also recommended to add some language
11:34:20 stricken through it.
11:34:21 That's on page 18.
11:34:23 Basically, chapter 5 is our construction noise.
11:34:26 If you notice in there, it had language saying unavoidable
11:34:30 and unreasonably loud.
11:34:33 There was some language in here that we felt he could be
11:34:36 brought out as not being defined and there might be some
11:34:39 challenges.
11:34:40 So legally our recommendation was to strike language that is
11:34:44 in chapter 5 regarding the construction noise and striking
11:34:50 language.
11:34:50 We didn't add any language.
11:34:52 All we did at this point is strike language.
11:34:55 And that is our recommendation.
11:34:57 At this point I would like to turn it over to our noise
11:35:02 consultant.
11:35:02 They have a very brief presentation.
11:35:03 >>FRANK REDDICK: Mr. Chair, before Mr. SCHMID sits down can
11:35:10 I ask him a question?
11:35:11 >>MIKE SUAREZ: Yes, sir.
11:35:12 >>FRANK REDDICK: I noticed in your report that you
11:35:13 mentioned there were mentioned several places where there
11:35:18 are some municipalities that have what we call a noise
11:35:22 enforcement officer.
11:35:25 And I want to ask you, what is your position about having
11:35:32 noise enforcement officers, as well as if not today, I would
11:35:39 like to know when you come before begin, that you give us
11:35:44 the pros and cons of developing a noise enforcement officer
11:35:51 for the City of Tampa.
11:35:52 Because I think having designated noise enforcement officer
11:36:01 they will be able to do a job in dealing with noise
11:36:04 throughout this community versus putting that burden or
11:36:07 responsibility on just TPD officers.
11:36:12 And I want to know the success rate of those in other
11:36:15 municipalities that have noise enforcement officers, and if
11:36:22 that's feasible, and how we can go forward establishing that
11:36:28 type of position here in the City of Tampa.
11:36:30 Because I do know we have environmental -- what we call
11:36:38 environmental officers whose primary job, their only job is
11:36:43 to deal with illegal dumping, and particularly in East
11:36:47 Tampa.
11:36:47 I know that.
11:36:50 And I don't know if they are in other areas, but I know
11:36:54 there's an environmental detective -- that especially in
11:36:59 East Tampa, that's all his job.
11:37:02 They come to work and just deal with illegal dumping.
11:37:05 So maybe we need to look at noise enforcement officers that
11:37:10 specialize in doing nothing but addressing the noise issue
11:37:14 in areas that all throughout the city really.
11:37:17 So I just want to get your feedback on it.
11:37:21 And I don't know, we can set a time that you can come back
11:37:25 and give a detailed report on how that can be implemented in
11:37:27 the City of Tampa, and how other municipalities are using
11:37:31 these noise enforcement officers, how they are doing it, and
11:37:35 maybe resolve a lot of our problems that we have in the
11:37:39 city, and we have people -- so that's it.
11:37:44 >> Thank you.
11:38:03 >> While that's coming up, good morning.
11:38:06 I'm Marvin Blount, EPC citizens response program which
11:38:14 includes the open burning and demolition program and also
11:38:21 includes the program I am going to talk about today which is
11:38:24 the noise program.
11:38:26 I am going to be very brief with this and just kind of hit
11:38:30 some of the highlight points.
11:38:33 Chapter 84-4646 laws of Florida is the regulation that gives
11:38:38 us authority to create rules, and our chapter 1-10 noise
11:38:44 rule, areas of that particular act.
11:38:51 It is complaint-driven.
11:38:52 Therefore we don't go out and look for sources or anything
11:38:55 like that.
11:38:56 So we receive complaints and follow up on it.
11:39:01 We are also responsible for regulating noise throughout the
11:39:04 entire area of Hillsborough County including the
11:39:07 municipalities.
11:39:08 Some of the typical sources that we regulate are stationery
11:39:15 sources of bars and outdoor venues, and there are a few
11:39:19 areas that we exempt which are noises from animals and
11:39:26 residents that may play loud music.
11:39:31 Our staff is especially trained and they do go through
11:39:38 recertification on a periodic basis.
11:39:40 We have guidelines that allows us to go out and set up some
11:39:44 very sophisticated equipment that cost in the neighborhood
11:39:48 of about $20,000.
11:39:50 And our staff is usually out in teams where we have to do
11:39:57 such things as document things that may be interferences of
11:40:02 the noise sources that we are actually monitoring for.
11:40:07 Airplanes flying over.
11:40:09 Dogs parking.
11:40:11 Cars passing by.
11:40:12 We have to do that in a sense to make sure that that noise
11:40:15 source that we are monitoring are not affected by those
11:40:20 anomalies.
11:40:22 What we do is come back to our office and download the data,
11:40:26 take those interferences out and then analyze it to
11:40:30 determine whether or not the noise source that we monitored
11:40:35 has exceeded our noise decibel standard.
11:40:37 And it's a little bit unlike what TPD would do in the
11:40:42 essence of doing the 30-second LEQ.
11:40:47 And I want to mention also that our noise ordinance is --
11:40:51 our noise rule is a new America test, numeric standards.
11:40:57 Some of the ways that we try to resolve a lot of our noise
11:41:03 cases, our noise issues, is through voluntary measures.
11:41:08 Where we actually go out to some of the sources, sit down
11:41:11 with the owner or operator and basically provide them with
11:41:16 educational materials that will help them comply with our
11:41:21 noise standard.
11:41:23 We try to avoid any administrative enforcement, because it's
11:41:30 usually a pretty lengthy process.
11:41:32 And the last option that we have is litigation, which we try
11:41:36 to definitely avoid.
11:41:42 Our coordination efforts with the City of Tampa police
11:41:44 department and City of Tampa is that our rules have
11:41:49 concurrent jurisdiction.
11:41:52 We do often -- well, not often but on occasions will ask TPD
11:41:58 to assist us from a security standpoint, and then the City
11:42:04 of Tampa noise ordinance actually enforces all of the City
11:42:08 of Tampa, which I think Mike mentioned in his presentation.
11:42:13 And lastly, we do coordinate with the City of Tampa police
11:42:16 department and the City of Tampa on cases that need it.
11:42:21 That pretty much concludes my presentation.
11:42:24 I have with me today, council, Rick Muratti, and if there's
11:42:29 any questions we can take, we'll do them at this time.
11:42:32 >>MIKE SUAREZ: Any questions from council about EPC's role
11:42:36 in the noise ordinance?
11:42:37 >>LISA MONTELIONE: I'm just wondering, when officers go
11:42:41 out -- and maybe this is a question for TPD -- they have the
11:42:47 ability to measure with the equipment, maybe not the $20,000
11:42:52 equipment, that EPC has, but they have the ability to
11:42:55 measure, because I am not sure where EPC would measure the
11:43:03 sound coming in.
11:43:04 You call them in the middle of the night and they come out?
11:43:07 >> TPD has their own equipment.
11:43:10 We have four noise meters that were purchased by the city,
11:43:14 and that we take, and we do get them registered, and like
11:43:17 our radars, they are certified on a yearly basis.
11:43:23 Actually just had them down.
11:43:24 And the officer works certain areas, Ybor, downtown business
11:43:28 district, and Channelside.
11:43:30 We use the noise meters.
11:43:32 And other parts of the city, either noise meters, or the
11:43:36 100-foot rule apply.
11:43:38 >>LISA MONTELIONE: It seems like SoHo is a lot of the
11:43:41 complaints come from your earlier presentation.
11:43:43 So the officers who cover that district probably should have
11:43:45 their own meter.
11:43:46 >> They do.
11:43:47 There's one in my office.
11:43:48 >>LISA MONTELIONE: And then going the public nuisance
11:43:53 abatement route which was discussed a little while ago, if
11:43:56 it's a problem that continues to exist, then maybe since we
11:44:02 might be headed to a hearing officer, or maybe to court at
11:44:08 some point, then EPC might get involved and go out and
11:44:13 further establish a case?
11:44:16 >> Well, I'm not sure if there's a question but I can kind
11:44:19 of answer --
11:44:20 >>LISA MONTELIONE: Would that be a route to tap?
11:44:22 >> Well, waive experienced with EPC is that there have been
11:44:27 individuals within the city who have called them directly
11:44:31 and made complaints.
11:44:32 Am I correct?
11:44:33 >> That's correct.
11:44:34 >> And they go out and sometimes they do the investigation
11:44:36 also, that PD TPD would do.
11:44:40 And he could probably fill you in a lot better on that.
11:44:42 >>LISA MONTELIONE: Because they are not just calling a
11:44:45 complaint --
11:44:47 >> Blount: As I mentioned before our rule is complaint
11:44:51 driven.
11:44:51 >>LISA MONTELIONE: I is it generally businesses?
11:44:55 >> Blount: Occasionally, yes, but residences.
11:44:59 >>LISA MONTELIONE: And that's vehicles and people driving
11:45:01 around on bicycles?
11:45:03 >> Well, we get those calls as well.
11:45:04 >>LISA MONTELIONE: Thank you very much, Mr. Blount.
11:45:06 >> You're welcome.
11:45:07 >>MIKE SUAREZ: Mr. Schmid, anything else to present?
11:45:16 >> Yes, sir.
11:45:17 >> Good morning.
11:45:24 >>MIKE SUAREZ: And brevity, although it doesn't seem like
11:45:26 it, is actually greatly appreciated.
11:45:28 >> My name is Michael Keane.
11:45:31 I'm the president of Keane Acoustics. And a lot of what I
11:45:36 cover in my brief report has actually already been
11:45:40 discussed.
11:45:42 I was asked by the office of city attorney to conduct my
11:45:48 noise study.
11:45:51 It focused on three, basically three diverse neighborhoods.
11:45:58 One was South Howard.
11:46:00 One East Tampa.
11:46:01 One was Seminole Heights.
11:46:02 The first three were chosen based on watch we already know
11:46:06 about the high incidence of noise complaints.
11:46:09 The third was more in anticipation of potential future noise
11:46:15 complaints because of the rapid development of that
11:46:17 neighborhood.
11:46:27 Each of these neighborhoods, I did a survey write was
11:46:30 essentially on foot.
11:46:31 I was taking more of the short 30-second type of
11:46:36 measurement.
11:46:41 Basically looking around, listening for various noise
11:46:44 sources, documenting where they are, looking both
11:46:48 numerically, qualitatively and quantitatively, the sound
11:46:55 levels, vis-a-vis the current ordinance, and also plainly
11:47:00 audible scenario.
11:47:03 What I found was that the current standard of 100 feet was a
11:47:12 good fit based on going looking at my instrumentation when I
11:47:17 was here, a louder noise, comparing that to the general
11:47:22 range of where the current noise ordinance, decibel limits
11:47:27 are, and then saying how far away am I from the venue?
11:47:31 My report talks about a few specific locations and then also
11:47:37 generally in terms of how the distances correlate with the
11:47:41 decibel levels.
11:47:43 And in conclusion, in terms of plainly audible standard, I
11:47:48 think it's a good tool when an instrumentation may not be
11:47:54 necessarily immediately available.
11:47:58 That correlates that with something that could be
11:48:02 problematic, vis-a-vis the decibel limit.
11:48:05 I wanted to touch very briefly on the 30-second LEQ, if I
11:48:11 comment LEQ in lay person's terms is really an average.
11:48:17 We are dealing with a lot of detail so it's not mathematic
11:48:24 but to our ears it's basically an average.
11:48:27 I made the recommendation the measurement duration from
11:48:30 between 10 and 20 second to 30 second, just because it
11:48:33 correlates much better with not only other ordinances that I
11:48:38 have been involved with throughout the state, but also just
11:48:42 personal experience.
11:48:44 A lot of what I do isn't always environmental noise.
11:48:49 I'm doing measurements of walls and ceilings and
11:48:54 measurements of buildings where they are accepting
11:49:00 International standards.
11:49:00 Most of the standards also have a minimum of 30 seconds.
11:49:05 But I think 30 second is a good fit based on being efficient
11:49:12 for somebody out in the field to assess the noise.
11:49:19 I think I have tried to fill in all the gaps, so I am here
11:49:25 for any questions.
11:49:26 >>MIKE SUAREZ: Any questions by council?
11:49:28 Okay.
11:49:29 Thank you, sir.
11:49:33 Mr. Schmid, I assume that's all the questions.
11:49:41 Is there anyone in the public that would like to speak on
11:49:43 item 101?
11:49:44 This is a public hearing.
11:49:46 If you have been sworn in please come forward.
11:49:48 >> My name is Gordon Schiff, 1211 North Westshore Boulevard,
11:49:59 suite 315.
11:50:00 I represent Mr. and Mrs. Tom Rankin.
11:50:03 We did submit a letter which I don't know if it's been
11:50:05 distributed to all council but we want to point out a couple
11:50:08 of concerns we had.
11:50:10 And with regard to if you are inclined to GOP with a
11:50:13 30-second interval, we just would suggest that the language
11:50:17 be slightly different than what was suggested by your
11:50:22 counsel.
11:50:22 You have page 11, line 43 and page 13 line 4.
11:50:27 It seems pretty consistent with what the ordinance said
11:50:30 before, taken at 30 second intervals instead of using the
11:50:34 word "for."
11:50:36 I didn't understand how the word "for" -- I think it would
11:50:39 be a little ambiguous.
11:50:41 It's not just for 30 second.
11:50:44 It's at 30 second intervals. We suggest in both those
11:50:46 places, page 11 would read the equivalent LEQ decibel
11:50:51 measurement taken at 30-second intervals shall not exceed
11:50:54 the maximum level settle forth above.
11:50:57 I them that would be clearer than what's suggested.
11:51:01 Page 13 line 4, the end of line 37 after the word, it one
11:51:07 say at 30 second enter tools, shall.
11:51:11 I appreciate your consideration of our letter.
11:51:13 >>MIKE SUAREZ: Okay.
11:51:15 Mrs. Montelione.
11:51:16 >>LISA MONTELIONE: I just want to write that down.
11:51:21 [Off microphone.] the second reference is page --
11:51:25 >> Page 13 at the end of line 3 after the word "at" it would
11:51:30 say 30 second intervals.
11:51:32 Then the next word would be "shall."
11:51:35 The following words after "shall" will be stricken.
11:51:40 >> Anything else?
11:51:42 >> No.
11:51:42 Thank you for your time.
11:51:43 >>MIKE SUAREZ: Next, please.
11:51:45 >>LISA MONTELIONE: Can I make the motion?
11:51:49 >>MIKE SUAREZ: Let's continue.
11:51:51 I understand that but that's not part of the public realm.
11:51:55 Mr. Frankhouser.
11:51:57 >> Jerry Frankhouser, T.H.A.N. president, and we want to
11:52:02 thank you for working with this ordinance.
11:52:03 Our people have voted that we want to go along with any kind
11:52:07 of project, we want to make sure that the people are happy
11:52:11 with the noise ordinance.
11:52:13 Ours is mostly residential.
11:52:16 You know, it's in the neighborhood.
11:52:18 Sometimes we get a stray bar owner or object somebody who
11:52:25 likes the play the music outside but you guys are doing a
11:52:28 good job.
11:52:29 Also anybody who has a smart phone, there are noise decibel
11:52:37 meters that you can put on your smart phone so you can test
11:52:40 yourself what's happening in your neighborhood, whether it's
11:52:43 loud enough to make a complaint or not might be an
11:52:46 interesting thing to do.
11:52:47 Thank you.
11:52:48 >>MIKE SUAREZ: Thank you, Mr. Frankhouser.
11:52:50 Next, please.
11:52:55 >> Good morning, City Council.
11:52:57 My name is Betty J. bale.
11:53:00 I'm from Island Pines.
11:53:01 I'm the crime watch coordinator and the president and also
11:53:04 the president of the seniors.
11:53:07 I'm here.
11:53:08 I didn't happy to get up and speak this morning but since I
11:53:11 have to, I will.
11:53:12 I do agree with Mr. Reddick.
11:53:14 We do not want the young people to have GOP to jail.
11:53:16 We don't want anyone to go to jail.
11:53:18 But my saying is I was sitting there thinking about it.
11:53:23 Why not give them community service in the area in which
11:53:25 they are causing the problem?
11:53:26 That was my first thought.
11:53:28 And secondly, we do have a lot of loud music, especially in
11:53:34 my community.
11:53:35 I have neighbors that are two doors down that just sit in
11:53:38 their cars, open their car door up and play loud music and I
11:53:42 think it's just to aggravate me when I am home.
11:53:46 But I don't want to say too much.
11:53:51 I let him play his game.
11:53:54 He will come up and talk to you.
11:53:55 But I do say we have a lot of noise in East Tampa.
11:53:58 Thank you.
11:53:59 >>MIKE SUAREZ: Thank you.
11:54:00 Next, please.
11:54:00 >> I'm Allison Roberts, president of the Dana Shores Civic
11:54:11 Association.
11:54:12 Our neighborhood most of you know was affected at one point
11:54:18 when is 17, we are in the yellow area on TPD.
11:54:24 For a period of years.
11:54:25 So, you know, there are different aspects of noise.
11:54:29 There's a corner bar which I believe the change in ordinance
11:54:34 supports very well in terms of bringing them in compliance.
11:54:39 There are special events which the zoning groups -- can
11:54:45 comply with the noise ordinance.
11:54:46 I believe that works.
11:54:47 And then there are large events, venues.
11:54:51 And the legal operation.
11:54:54 When we have an event venue that has an estimated $40,000
11:55:00 ticket sales per week end, that is where we start getting
11:55:03 into my concerns in terms of what can we do long-term?
11:55:09 There's also recognition for all the good things City of
11:55:11 Tampa is doing here.
11:55:12 I believe that having the plainly audible standard is
11:55:17 critical, because of training, and equipment issues that go
11:55:22 with that.
11:55:23 I believe allowing broad enforcement by officers is
11:55:27 critical.
11:55:28 We need a 24/7 response to any of those three venues that I
11:55:32 talked about.
11:55:33 So with T.H.A.N., noise enforcement officers might be
11:55:39 helpful to augment in terms of training, resources.
11:55:43 So TPD does play a critical role from our experience and
11:55:45 being able to enforce the noise ordinance.
11:55:49 Lastly, the public noise as a nuisance I think is critical.
11:55:57 Our ability to take someone who violates this, it is a noise
11:56:02 abatement aspect, is something that I am not sure this will
11:56:07 really affect those big violators without that.
11:56:11 So what I would ask is one request, which is subsequent to
11:56:17 this, we look at that process.
11:56:19 I understand it can be very lengthy process.
11:56:22 As most of you know, one night without sleep is tough the
11:56:25 next day.
11:56:27 Years without sleep is extremely tough on people on their
11:56:34 psych, and people's ability to work.
11:56:37 Thank you very much.
11:56:37 >>MIKE SUAREZ: Thank you.
11:56:40 Next, please.
11:56:41 >> Mr. Chairman, City Council, my name is clay Daniels.
11:56:46 I appreciate you all letting me speak, and I appreciate you
11:56:49 all doing something about this noise problem that we have.
11:56:53 This lady just left, awed -- I agree with everything that
11:56:56 she said, and go get 'em, tiger.
11:56:59 But anyway, I been complaining about this noise for 16
11:57:02 years.
11:57:03 It's a problem.
11:57:07 One of the problems I am very concerned about.
11:57:08 When they get three tickets and don't pay them, what do you
11:57:11 do?
11:57:12 When they come in front of the police station district 3,
11:57:15 don't respect the police department, when they come around
11:57:17 the church late at night, they don't have respect for
11:57:20 nobody.
11:57:21 What do you do when they don't pay a ticket?
11:57:24 I mean, they don't go to court, what do you do?
11:57:26 What do you do with them?
11:57:28 Do you put them jail or do you make them do community work?
11:57:31 You have got to do something with them.
11:57:32 If they get warning and don't pay the ticket what do you do?
11:57:37 If they don't come total abatement and nuisance board what
11:57:41 do you do? Do you let them get away and continue to do it?
11:57:45 I'm not for jail time but I'm for something that will make
11:57:48 them respect other people, like the community service like
11:57:53 Mrs. Bales said, something that they can't go around
11:57:56 disrespecting the public. This noise is bad.
11:57:58 I been complaining about this noise for 16 years.
11:58:01 We got to do something about it.
11:58:02 And you all, I really like what you all are doing.
11:58:07 At least you are -- you all are trying to do something about
11:58:10 be the problem.
11:58:11 The problem is out of control.
11:58:12 You got these people at night, you go out night and turn the
11:58:16 music down, they cuss you out, they don't have no respect.
11:58:19 Then the police at the district talking, they come down by
11:58:22 the district, and see the police out there playing their
11:58:25 music loud.
11:58:26 They are very speck disrespectful.
11:58:28 The noise is bad.
11:58:29 It goes on 5, 6:00 in the morning.
11:58:31 It's out of control.
11:58:32 And I'm hoping that you all will do something about this
11:58:35 problem.
11:58:36 And I'm hoping that you all will find a resolution.
11:58:40 I really kind of recommend if they don't go to court, they
11:58:43 don't pay the fine, get a court order and make them do
11:58:47 community service work.
11:58:48 We have got to do something.
11:58:50 But I appreciate what you all are doing.
11:58:51 We are on the right road.
11:58:53 And I like to change the conversation to something else.
11:58:56 The police department, you got three lieutenants doing a
11:58:59 good job, doing these things with the protestors.
11:59:03 You have got lieutenant Collins and lieutenant Blasiola.
11:59:12 >>: I'm sorry, we are trying to get this to this particular
11:59:15 issue.
11:59:15 That's the second issue.
11:59:17 We appreciate you talking to one of us after a meeting or --
11:59:22 >> But anyway, I hope you all do something about the noise
11:59:24 problem.
11:59:25 We have got a problem and hope you all do something about
11:59:27 it.
11:59:28 >>FRANK REDDICK: You need to give him afternoon citation
11:59:30 for speaking too loud at the Mike.
11:59:32 (Laughter).
11:59:33 >>MIKE SUAREZ: Sir?
11:59:40 >>STEVE MICHELINI: I'm here on behalf of the business
11:59:44 alliance which represents 35 businesses up and down Howard.
11:59:47 And I would respectfully request that the city attorney's
11:59:51 office and their consultant and perhaps TPD as well meet
11:59:55 with us and discuss the sound violation issues and the
12:00:00 upcoming ordinance, so that the businesses can understand
12:00:04 exactly what their impact would be upon them, and how it
12:00:09 will be measured.
12:00:10 One of the issues that we really didn't talk about this
12:00:12 morning was Tampa ambient noise, the background noise, and
12:00:17 how that transfers onto their residential areas.
12:00:21 And also the close proximity in the South Howard district.
12:00:25 You only have two district in the city where you have
12:00:28 basically entertainment and restaurants and clubs that are
12:00:34 that close.
12:00:35 The other one is Channelside.
12:00:36 And so obviously it's an issue, and we have to figure out
12:00:41 how to address that, where the businesses survive and are
12:00:44 happy and the neighbors are also happy.
12:00:46 And the third part of that is that, you know, obviously jail
12:00:50 time is an extreme measure, and you have no other appeal
12:00:53 board except going to court.
12:00:55 So that means, you know, previously you had a board that you
12:01:00 could go to discuss the grievance ordinance, discuss the
12:01:03 citation.
12:01:04 And now this in this process you have escalated that and you
12:01:07 automatically have to hire an attorney and you have to
12:01:09 defend yourself and be represented by legal counsel in a
12:01:13 court.
12:01:14 I would ask that you look at that aspect of this.
12:01:16 The same thing happened in regular code enforcement where
12:01:20 you no longer have an appeal process. Anyway, those are the
12:01:27 superb issues I would like to have addressed.
12:01:29 And very important that this be discussed with the SoHo
12:01:34 business alliance.
12:01:35 We will be happy to schedule a meeting.
12:01:37 We usually meet at the Epicurean hotel where we can be
12:01:40 briefed on this.
12:01:42 It should have happened before we got to this point.
12:01:44 But I respectfully request that from council.
12:01:46 >>MIKE SUAREZ: Thank you.
12:01:47 Is there anyone else in the public that would like to speak
12:01:49 at this time? Before we go forward, I think we should
12:01:52 probably get 30 more minutes.
12:01:54 I'm hoping --
12:01:56 >>CHARLIE MIRANDA: Move to continue for 30 minutes.
12:01:58 >>MIKE SUAREZ: Second from Mr.
12:01:59 >>CHARLIE MIRANDA:
12:02:01 Second by Mr. Maniscalco.
12:02:03 All in favor?
12:02:04 Any opposed?
12:02:05 Mr. Shelby, off comment?
12:02:07 >>MARTIN SHELBY: Yes.
12:02:08 City Council has been provided a letter by the Palma Ceia
12:02:12 association and asked that be made part of the record.
12:02:16 >>MIKE SUAREZ: I have a motion from Mr. Cohen, second from
12:02:19 Mr. Maniscalco to receive that.
12:02:21 Any opposed?
12:02:22 Okay.
12:02:23 We are done with public comment.
12:02:25 Is there anyone that would like to move this particular
12:02:28 ordinance?
12:02:31 Mr. Cohen?
12:02:31 >>HARRY COHEN: I am not planning on making the final motion
12:02:35 regarding this.
12:02:36 I just want to say a few things that were mention add long
12:02:39 the way that hopefully can be incorporated however we come
12:02:43 out of here.
12:02:44 It sound to me like from what I heard, clearly there's not a
12:02:49 consensus about arresting people as part of this ordinance,
12:02:52 but it sounded like the nuisance abatement bored is a place,
12:02:55 particularly that a business violator could GOP to -- when
12:03:02 it would be escalated beyond two or three citations.
12:03:05 That was number one
12:03:06 Number two, Councilman Reddick mentioned the issue of a
12:03:14 noise enforcement office.
12:03:16 And I didn't want that to fall through the cracks before we
12:03:20 proceeded, because I think it's a good idea.
12:03:23 And maybe we can hear something on that in September.
12:03:25 I would be in support of that.
12:03:27 And finally, since Mr. Michelini's point is well taken and
12:03:33 there be definitely needs to be a meeting not just within
12:03:35 the SoHo business alliance but I would say with a lot of the
12:03:38 commercial organizations that are going to be functioning
12:03:40 under the new ordinance.
12:03:44 I think if we go forward with a process that takes us to the
12:03:48 Nuisance Abatement Board, that is not going to be something
12:03:55 that prevents us from moving forward on this now, as opposed
12:03:58 to the more serious jail time option.
12:04:03 And then the final thing I want to say is I do think we
12:04:07 should revisit this in a couple months and see how it's
12:04:09 going.
12:04:10 Councilwoman Montelione earlier had made a distinction
12:04:14 between businesses and people.
12:04:16 I think the distinction might be more between property and
12:04:20 vehicles.
12:04:22 So when we go back to look at it, I'm not sure that we are
12:04:28 going to try to govern individuals and businesses
12:04:31 differently.
12:04:31 It may be that vehicles, which I believe includes bicycles,
12:04:35 which would tend to be younger people, would be dealt with
12:04:38 one way.
12:04:41 Property which is not just businesses but also residential
12:04:45 violations might be dealt with another way, with a more
12:04:50 serious consequence than the new sans abatement board, as a
12:04:54 good way of taking up some of their time.
12:04:57 >>MIKE SUAREZ: Mr. Miranda, do you have a comment?
12:05:00 >>CHARLIE MIRANDA: I just want to say -- and I can
12:05:02 understand what what's been said.
12:05:04 But as Mr. Daniels referred to, what happens if you have
12:05:08 first offense, second offense, third offense, fourth
12:05:12 offense, and you are given community and you don't show up.
12:05:15 Then they win and we lose? I don't know what the pans is.
12:05:18 There's got to be an end somewhere.
12:05:20 And I am just asking for something to say at what point do
12:05:24 we say we give up, continue making noise.
12:05:27 >>MIKE SUAREZ: Mrs. Montelione.
12:05:29 >>LISA MONTELIONE: Well, it appears in the ordinance that
12:05:31 was presented, the answer is that if it's a business, it
12:05:37 clearly states on page 17, letter C, complaints and declare
12:05:43 as a public nuisance any place or premises.
12:05:46 So it is already treated differently within this ordinance.
12:05:49 And that was the point I was trying to make when I think I
12:05:52 was interrupted, but it's already here.
12:05:57 That businesses and places, which would include residences,
12:06:01 structures, are treated differently already within the
12:06:04 ordinance on page 17.
12:06:06 So that's, I think, already addressed.
12:06:12 And then to Mr. Miranda's comment about, you know, how many
12:06:16 times can they be cited and if they don't pay the violation.
12:06:23 We heard from Mr. Schmid in his presentation who says the
12:06:29 clerk sends a notice of collection, if somebody does not pay
12:06:32 that notice when they get it, there's going to be a notice
12:06:35 to appear for failing to pay, just like there is on a
12:06:39 traffic violation, which is also not a criminal offense.
12:06:46 So they are going to get a notice to appear, and they are
12:06:48 going to be before a judge, and it's going to be up to the
12:06:51 judge to decide whether or not they get jail time, whether
12:06:53 or not they get community service, or whether or not, you
12:06:56 know, a particular amount of a fine is issued.
12:06:59 So all of the questions, I believe, that are before us today
12:07:02 are addressed right here in this ordinance.
12:07:05 It doesn't specifically say that the clerk is going to send
12:07:07 the collection letter or there's going to be a notice to
12:07:11 appear, but that's the procedure when you owe something to
12:07:15 the clerk under an ordinance.
12:07:17 And that's what happens after you don't pay it.
12:07:19 They send a notice to appear, and then they, you know, pick
12:07:23 that person up for that notice to appear if they fail to
12:07:26 appear.
12:07:26 So I think much all the things we are talking about are
12:07:31 already addressed with the exception plaintiff Schiff's
12:07:39 comments in changing a couple of lines to not weaken the
12:07:42 ordinance that occurs in a time frame.
12:07:46 And the part that I brought up about no jail time.
12:07:50 And I'm glad that many more of you are supportive this time
12:07:54 because three years ago, Mr. Cohen was right.
12:07:57 We talked a lot about it.
12:07:59 People seemed to support my proposal that people don't go to
12:08:03 jail.
12:08:03 But Mr. Cohen is right.
12:08:05 It was passed because it says, although other council
12:08:08 members sounded like they supported reducing the threat of
12:08:11 jail time, none of them sided with Montelione except voting
12:08:17 against it when it came up in the legislature.
12:08:19 So thank you for taking hopefully the jail time out, and if
12:08:25 Mr. Reddick would like to make the motion I will support his
12:08:27 doing so, and with the exception of striking that paragraph.
12:08:35 >>FRANK REDDICK: You were going to make the motion and I
12:08:37 was going to second it.
12:08:38 >>LISA MONTELIONE: That's fine with me, too.
12:08:40 >>MIKE SUAREZ: We are going to continue discussion with
12:08:41 Capin and then Miranda.
12:08:43 >>CHARLIE MIRANDA: I just want to say one thing from. What
12:08:45 I just heard Mrs. Montelione said, she said no jail term but
12:08:49 if you appear before the judge that can give you jail time
12:08:52 sole there is jail time.
12:08:53 >>LISA MONTELIONE: [Off microphone.] yes, if you don't pay
12:09:03 a traffic violation.
12:09:04 It's not specifically stated that upon the third or
12:09:08 subsequent violation you are going to be arrested.
12:09:11 >>CHARLIE MIRANDA: I understand that, ma'am.
12:09:13 >>LISA MONTELIONE: So that's my issue.
12:09:14 >>MIKE SUAREZ: Mrs. Capin?
12:09:16 >>YVONNE CAPIN: Yes.
12:09:17 And it goes to the arrest and the jail time.
12:09:23 You know, the public abatement board, many of these people,
12:09:27 the businesses will show up.
12:09:28 The people will not.
12:09:29 And I'll tell you from experience, owning a business for
12:09:33 over 25 years, and going to court.
12:09:35 When you go to court, these didn't show up, and there was a
12:09:38 warrant for their arrest.
12:09:39 They didn't get arrested.
12:09:41 Here is an incident.
12:09:43 I actually saw the person that didn't show up to court that
12:09:46 had been accused of stealing, and I saw them in the street.
12:09:50 I waved down a police officer and I said, there's April
12:09:53 warranty for his arrest, and he went and got arrested.
12:09:57 This is -- there was a warrant.
12:10:00 You don't show up and there was a warranted for arrest.
12:10:04 I this I there comes a time when you have to say enough is
12:10:06 enough.
12:10:07 And you cannot ignore the rules.
12:10:11 You cannot ignore them.
12:10:13 And that's where I stand on that.
12:10:15 >>HARRY COHEN: I just wanted to point out to Councilwoman
12:10:19 Montelione that Mr. SCHMID also said that at the discretion
12:10:24 of the officer, the event itself could always be escalated
12:10:29 into something that created an arrestable offense.
12:10:33 So I think depending on how you frame the language, I think
12:10:38 there is clearly enforcement included in our codes
12:10:48 holistically.
12:10:49 >>MIKE SUAREZ: Mr. Maniscalco or Mr. Reddick, any comments?
12:10:54 No?
12:10:55 Mr. Schmid, thank you for bringing this forward.
12:10:56 It's about as good as you can do based on all the waiting we
12:11:00 have done for years.
12:11:01 I like the fact that you brought in the Nuisance Abatement
12:11:04 Board aspect of it because we need to find some happy medium
12:11:09 in terms of enforcement, because we are not at that point
12:11:12 now.
12:11:12 Obviously over the three years, we haven't been able to
12:11:15 really enforce noise ordinances like we would like to.
12:11:18 But nonetheless, I do applaud you and the folks that you
12:11:23 brought forward to bring this up to us, because we know how
12:11:27 difficult it is with all the different legal cases that were
12:11:33 being prosecuted prior to us getting this final document.
12:11:36 So thank you for that.
12:11:37 Okay, I have had my say.
12:11:38 Who would like to make a motion?
12:11:40 >>LISA MONTELIONE: I make a motion.
12:11:45 Move to close.
12:11:45 >>MIKE SUAREZ: We have a motion to close from Mrs.
12:11:47 Montelione, a second from Mr. Maniscalco.
12:11:50 All in favor of that motion?
12:11:54 You have the floor, Mrs. Montelione.
12:11:55 >>LISA MONTELIONE: Thank you, sir.
12:11:56 I move an ordinance being presented for first reading K an
12:12:00 ordinance of the city of Tampa, Florida making revisions
12:12:03 total City of Tampa code of ordinances chapter 14 offenses
12:12:07 repealing article III noise and creating a new article III
12:12:12 noise, amending section 14-293 powers of public nuisance
12:12:17 abatement board, relating to noise, making revisions to City
12:12:20 of Tampa code of ordinances chapter 23.5 supplemental
12:12:24 enforcement procedures, amending section 23.5 schedule of
12:12:28 violations and penalties relating to noise, making revisions
12:12:28 to City of Tampa Code of Ordinances, Chapter 5 (Building
12:12:28 Code); amending section 5-301.2 loud noise generated by
12:12:34 construction activity on private property near residential
12:12:36 uses, relating to noise, repealing all noises or parts of
12:12:40 ordinances in conflict therewith, providing for
12:12:43 severability, providing an effective date.
12:12:44 I offer that section B under section 14-159 enforcement
12:12:50 letter B be stricken from the ordinance.
12:12:53 I would also request or put in part of that ordinance that
12:12:58 all of the numbering be renumbered to reflect that deletion.
12:13:04 I would also include section 14-153 letter C, that after
12:13:10 decibel measurements taken at, the words "a minimum of" be
12:13:15 stricken from that paragraph.
12:13:19 And on section 154 letter D that the language be stricken
12:13:24 from that paragraph after the words 30 second.
12:13:30 >>FRANK REDDICK: Second.
12:13:31 >>MIKE SUAREZ: I have a motion by Mrs. Montelione, a second
12:13:34 from Mr. Reddick.
12:13:35 All in favor? Any opposed?
12:13:37 Thank you.
12:13:37 >>THE CLERK: [Off microphone.] Motion carried. Second
12:13:45 reading and adoption will occur August 25, 2016, at 9:30
12:13:45 a.m.
12:13:52 >>CHARLIE MIRANDA: If I may, I would like to have all of
12:13:56 those created in making this ordinance to meet with the four
12:14:00 areas: SoHo, Channelside, Ybor City, and Seminole Heights,
12:14:03 maybe as one meeting if they like or it's up to them so they
12:14:06 can explain and go over the details.
12:14:08 So they won't say they were left out of the process between
12:14:13 this meeting or and second reading.
12:14:15 >> Mr. Miranda has a motion and second by Mr. Cohen.
12:14:18 All in favor of that motion?
12:14:20 Any opposed?
12:14:21 Mr. Schmid, would you like some clarification?
12:14:28 >> With regards to the amendment 5, Mrs. Montelione, in the
12:14:35 motion, I had, I believe, the proposal by Mr. Schiff, and I
12:14:45 apologize.
12:14:47 On page 11, just so I make sure we are all clear, that line
12:14:50 42, it says the decibel measure taken at, and the words "a
12:14:55 minimum of" will be stricken and now read just taken at 30
12:14:58 second will not exceed the maximum level and we will strike
12:15:02 those three words at a minimum of.
12:15:04 And then in addition that exact same language is found on
12:15:06 page 13 line 4, the words a minimum of would be stricken
12:15:12 there as well.
12:15:13 And sewn so I am just making for clarification that that was
12:15:17 what was meant and intended.
12:15:19 >>MIKE SUAREZ: It sound clear to me.
12:15:22 I will address the maker of the motion at this time.
12:15:24 >>LISA MONTELIONE: Yes, further clarification you can come
12:15:29 up with, with Mr. Schiff.
12:15:37 >> And then there was the one change in public nuisance
12:15:44 abatement.
12:15:44 >>MIKE SUAREZ: And any clarification please see the clerk.
12:15:47 I hope she has a very good record of that.
12:15:49 Thank you.
12:15:50 Okay, we still have been some public hearings open.
12:15:52 >>MIKE SUAREZ: I had a motion that.
12:15:59 >>MIKE SUAREZ: Go ahead.
12:16:01 >>FRANK REDDICK: I am going to make a motion that Mr.
12:16:08 Schmid back to council on September 15, I believe, under
12:16:11 staff report, a report providing the pros and cons of
12:16:16 creating a noise enforcement officer, and how other
12:16:23 municipalities throughout this state has determined how a
12:16:29 noise enforcement officer can be utilized, and address the
12:16:33 noise issues.
12:16:34 >>YVONNE CAPIN: Second.
12:16:36 >> In the City of Tampa.
12:16:38 >>MIKE SUAREZ: I have a motion from Mr. Reddick.
12:16:40 I have a second from Mrs. Capin.
12:16:41 >>CHARLIE MIRANDA: I will support it now.
12:16:45 I may not support it later phone there's going to be
12:16:48 additional funds from the city.
12:16:49 I would rather have a thousand more police officer than
12:16:53 three individuals.
12:16:54 That's all.
12:16:54 >>MIKE SUAREZ: Mr. Schmid, you had clarification?
12:17:01 >> Can we have it for TPD to report back because I think
12:17:06 some of this is going to concern their input, not just
12:17:09 legal.
12:17:09 >> That would be fine.
12:17:12 >>MIKE SUAREZ: We have a motion by Mr. Reddick.
12:17:14 A second by Mrs. Capin.
12:17:15 All in favor of that motion please indicate by saying aye.
12:17:18 Any opposed?
12:17:18 Thank you.
12:17:20 Thank you again, Mr. Schmid for your hard work.
12:17:24 Item number 96 of public hearings.
12:17:26 We could bring forward either our staff or petitioner.
12:17:30 Do we have our petitioner here?
12:17:31 >> John Marsh, planning and development.
12:17:38 This is a request for a sidewalk cafe permit for buddy brew,
12:17:45 1605 snow Avenue in Old Hyde Park Village, to operate a
12:17:52 sidewalk cafe within the city right-of-way.
12:17:53 All departments have reviewed this request and have no
12:17:56 objection.
12:17:57 His permit would expire on June 30th of 2017.
12:18:00 It's renewable every year.
12:18:02 Staff recommends approval.
12:18:11 I believe the applicant is available.
12:18:12 >>MIKE SUAREZ: Come up to the podium.
12:18:15 I apologize.
12:18:17 >> My name is Dave ward, owner of buddy brew coffee.
12:18:26 >>MIKE SUAREZ: Thank you, sir.
12:18:28 Any questions from council concerning this particular item
12:18:30 are? Is there anyone in the public that would like to be
12:18:32 speak on item number 96, file SWC 16-09?
12:18:38 I see no one.
12:18:39 I have a motion to close by Mr. Coven.
12:18:41 I have a second from Mr. Maniscalco.
12:18:43 All in favor of that motion?
12:18:45 Any opposed?
12:18:47 Okay.
12:18:48 Mr. Shelby?
12:18:51 >>MARTIN SHELBY: And grant the application?
12:18:55 >>HARRY COHEN: Move to accept the report.
12:18:57 >>MIKE SUAREZ: Motion by Mr. Cohen.
12:18:59 Second by Mrs. Capin.
12:19:00 All in favor of that motion?
12:19:02 Any opposed?
12:19:03 Thank you.
12:19:04 Thank you very much for attending.
12:19:08 Item number 97.
12:19:11 97.
12:19:11 >>BARBARA LYNCH: Land Development Coordination.
12:19:14 VAC 16-15 is a request to vacate an alley in Palmetto Beach.
12:19:20 I have a map from the overhead to show the location.
12:19:31 The alley is located south of ocean view and north of
12:19:34 Hemlock and runs 20th street to 22nd street.
12:19:38 The property is in red.
12:19:39 And the alley is outlined in yellow.
12:19:50 It's an unimproved alley.
12:19:55 Hi first photo is the alley taken from this end.
12:20:01 This is 20th street.
12:20:03 And then this is the alley taken from ocean view.
12:20:06 This is the north end of the alley.
12:20:08 And it's blocked with fence.
12:20:13 The next is the alley, the south, Hemlock, and already
12:20:21 fenced.
12:20:22 And this is the property on Hemlock.
12:20:23 This is along 22nd street.
12:20:29 Staff has no objection to this request.
12:20:33 There is a request for easement.
12:20:34 And also wastewater wanted the owner to take over a portion
12:20:37 of the sanitary sewer system.
12:20:40 And he has agreed to that.
12:20:41 >>MIKE SUAREZ: Perfect.
12:20:43 Any questions of staff from council?
12:20:45 Petitioner?
12:20:46 >> Carlos Carrillo.
12:20:58 And I just want to stop all the traffic.
12:21:02 >>MIKE SUAREZ: Any questions from council concerning this
12:21:06 application?
12:21:06 Is there anyone in the public that would like to speak on
12:21:08 item 97, VAC 16-15?
12:21:11 Anyone in the public?
12:21:13 >> Move to close.
12:21:14 >> Second.
12:21:15 >>MIKE SUAREZ: Motion to close from Mr. Miranda.
12:21:17 Second from Mr. Cohen.
12:21:18 All in favor?
12:21:22 All in favor?
12:21:23 Any opposed?
12:21:24 Mrs. Montelione, take 9 , please.
12:21:26 >> I move an ordinance vacating, closing, discontinuing,
12:21:32 abandoning a portion of alleyway lying south of ocean view
12:21:36 place north of Hemlock Street West of 20th street and
12:21:39 east of 22nd street in the vicinity of 1507 south 22nd
12:21:43 street in the City of Tampa, Hillsborough County Florida,
12:21:45 the same being more fully described in section 1 hereof
12:21:48 subject to certain easement reservations, covenants,
12:21:52 conditions and restrictions more particularly set forth
12:21:55 herein, providing an effective date.
12:21:55 >>MIKE SUAREZ: Motion from Mrs. Montelione, second by Mr.
12:21:57 Cohen.
12:21:57 All in favor of that motion?
12:21:59 Any opposed?
12:22:00 >>THE CLERK: Second reading and adoption will be held on
12:22:05 August 25, 2016 at 9:30 a.m.
12:22:09 >>MIKE SUAREZ: Before we go on to item number 98, I wanted
12:22:13 to jump to, I think, number 103.
12:22:19 Thank you.
12:22:20 Mrs. Coyle is going to give us a quick report.
12:22:22 Please do so.
12:22:27 >>CATHERINE COYLE: Planning and development.
12:22:29 As of the 28th of July, there were 1299 active permits
12:22:33 in the city for alcohol sales.
12:22:36 We are down to the last 28 sites.
12:22:42 They are all older ones.
12:22:44 We have issued all of them with the exception of 28.
12:22:47 We need to visit those locations.
12:22:49 We have had great success with the alcohol database.
12:22:51 We are at 98%.
12:22:55 >>YVONNE CAPIN: I wanted to thank you for the diligent
12:22:58 work.
12:23:00 And to point out this ordinance was passed five years ago
12:23:03 this summer.
12:23:06 But it has been very good for our city and very good for our
12:23:11 administration to be able to put all this information, and I
12:23:15 commend you for getting it because it was quite a task.
12:23:18 And what I would like that the law enforcement be informed
12:23:26 of these placards, because when they go into a business, not
12:23:29 only are they looking at the capacity according to the fire
12:23:32 marshal, but they need to know what these businesses agreed
12:23:36 to in order to get the alcoholic beverage permit that they
12:23:40 have.
12:23:41 And if they are not complying, they need to nobody that when
12:23:44 they are called at whatever time they are called in the
12:23:47 middle of the night.
12:23:49 However, we need to do that, I don't know.
12:23:52 I do need to make a motion that that be part of the process?
12:23:55 Or is it already?
12:23:57 >> It already is.
12:23:58 We actually work with each captain, and as they come on, at
12:24:03 least.
12:24:03 >>YVONNE CAPIN: I know the process of getting the ordinance
12:24:06 together.
12:24:07 I remember that but I wasn't sure.
12:24:09 >>CATHERINE COYLE: We still do put they them on the maps for
12:24:12 all the hot spots, for all the clubs in be Ybor, downtown,
12:24:16 South Howard.
12:24:17 We have maps with all the information up-to-date monthly as
12:24:22 well.
12:24:22 That's an extra thing we do.
12:24:26 >>YVONNE CAPIN: I just -- this motion I made in 2010 when
12:24:32 some of the council members weren't here twice.
12:24:33 I made it a third time.
12:24:35 It took three motions to get this through.
12:24:37 So I am very happy we did.
12:24:39 Thank you.
12:24:39 >>MIKE SUAREZ: Terrific.
12:24:41 Thank you.
12:24:42 We are back on regular schedule with number 98.
12:24:45 Mrs. Lynch.
12:24:45 >>BARBARA LYNCH: Land Development Coordination.
12:24:49 VAC 16-16 is a request to close an alley located in the
12:24:52 McFarland park area.
12:25:01 I have a map on the overhead.
12:25:04 The map -- the alley is located south of Douglas, north of
12:25:09 Brad did dock between MacDill and Gomez.
12:25:15 The alley is in yellow.
12:25:16 This is looking east from MacDill.
12:25:26 This is the applicant's property.
12:25:28 North of Braddock.
12:25:30 They also own a vacant lot next door.
12:25:33 It's unimproved.
12:25:34 Staff has no objections.
12:25:36 And there are easements required for wastewater.
12:25:43 >>MIKE SUAREZ: A quick question.
12:25:45 We are going to vacate the entire alley?
12:25:47 >> Yes.
12:25:49 >>MIKE SUAREZ: But the applicant is the only one that looks
12:25:51 like the middle of the block.
12:25:52 >>BARBARA LYNCH: Yes.
12:25:54 And typically there's usually one applicant or one owner.
12:25:58 By code a partial alley is of no use to the city.
12:26:03 >>MIKE SUAREZ: How does it affect the other owners?
12:26:08 >>BARBARA LYNCH: I usually get calls, you know, because the
12:26:11 alley is going to be vacated, there's a public hearing.
12:26:13 So they are noticed.
12:26:14 But I went out there.
12:26:15 I didn't see any real use of the alley.
12:26:18 I didn't see any tracks.
12:26:21 You could tell if they are using it.
12:26:24 I have not received any calls on it.
12:26:25 >>MIKE SUAREZ: Mr. Miranda.
12:26:27 >>CHARLIE MIRANDA: [Off microphone.] much that
12:26:32 illegal-legal by reduction of a setback in the back.
12:26:35 >>BARBARA LYNCH: It could.
12:26:37 I think they do have a setback issue but I think these lots
12:26:42 are platted at 898 by 50.
12:26:45 >>CHARLIE MIRANDA: I am not worried about a vacant lot.
12:26:48 But houses that have been converted to duplexes and
12:26:52 triplexes.
12:26:53 >>BARBARA LYNCH: No, that's not the issue with this.
12:26:55 >>MIKE SUAREZ: Thank you.
12:26:57 Petitioner?
12:27:01 >> My name is Danny Hernandez, here representing the Cruz
12:27:07 who owns the house at 3011 west Braddock street and we are
12:27:12 here to request vacating the alley 124 any questions of the
12:27:18 applicant at this time?
12:27:19 Okay.
12:27:20 Is there anyone in the public that would like to speak on
12:27:22 item number 98?
12:27:24 98.
12:27:25 VAC 16-16.
12:27:27 I see no one in the public.
12:27:30 I have a motion to close from Mr. Cohen.
12:27:31 I have a second from Mr. Miranda.
12:27:33 All in favor of that motion indicate by saying aye.
12:27:35 Any opposed?
12:27:38 Mr. Maniscalco, will you take number 98.
12:27:41 >>GUIDO MANISCALCO: I have an ordinance being presented for
12:27:44 first reading consideration, an ordinance vacating, closing,
12:27:46 discontinuing, and abandoning alleyway lying north of
12:27:50 Braddock street south of Douglas street, east of MacDill
12:27:53 Avenue and west much Gomez Avenue in John drew's subdivision
12:27:56 of northwest Tampa a subdivision in the City of Tampa,
12:27:59 Hillsborough County Florida the same being more fully
12:28:02 described in section 1 hereof subject to certain easement
12:28:05 preservations, covenants, conditions and restrictions more
12:28:08 particularly set forth herein providing an effective date.
12:28:10 >>MIKE SUAREZ: I have a motion by Mr. Maniscalco.
12:28:13 I have a second from Mr. Cohen.
12:28:14 All in favor of that motion?
12:28:16 Any opposed?
12:28:17 Thank you.
12:28:17 >>THE CLERK: The second reading and adoption will be held
12:28:20 on August 25th, 2016 at 9:30 a.m.
12:28:25 >>MIKE SUAREZ: Thank you.
12:28:27 Item number 99.
12:28:28 >> Crystal Moore, legal department. Item 99 is a review of
12:28:38 a Variance Review Board denial of a sign variance. This
12:28:41 board will review as de novo.
12:28:43 I have copies of section 27-80, the variance review criteria
12:28:47 for council's consideration.
12:28:49 >>MIKE SUAREZ: Thank you.
12:28:50 >> Eric Cotton, Land Development Coordination.
12:29:00 Ace crystal said, review of VRB for 3907 Henderson
12:29:09 Boulevard.
12:29:10 The board -- Variance Review Board heard the case back in
12:29:14 April and they voted to deny the request for a set yard down
12:29:20 to zero feet -- from 5 feet to zero feet.
12:29:25 It's for a real estate office.
12:29:26 Let me show you the aerial map.
12:29:28 >>MIKE SUAREZ: Mr. Coat on, I think we are going to need
12:29:31 some more time.
12:29:32 We are at 12:32 right now.
12:29:34 If I can get a motion I would say for the next 15 minutes I
12:29:37 think we should be able to do it.
12:29:38 >>FRANK REDDICK: Mr. Chair, let me say this, because I said
12:29:43 that we should have stopped at 12 and we come back.
12:29:46 >>MIKE SUAREZ: I understand that.
12:29:47 I apologize, Mr. Reddick.
12:29:49 Sorry to interrupt.
12:29:50 >>FRANK REDDICK: But it's standard procedure of council
12:29:53 that we stop at 12 and resume regardless of how much we have
12:29:58 got.
12:29:58 >>MIKE SUAREZ: Are you making a motion to adjourn at this
12:30:01 time?
12:30:01 >>FRANK REDDICK: I need to because there are two items
12:30:04 coming up later on, and I haven't gotten -- had an
12:30:10 appointment at 12:15 and here it is 12:30.
12:30:13 I would like to speak to those two items that come on later
12:30:16 on.
12:30:16 >>MIKE SUAREZ: I figured we would be going past the
12:30:19 appointed time for sure coming back in the afternoon.
12:30:21 If you would prefer to adjourn now and whatever the pleasure
12:30:25 of council is.
12:30:25 >>FRANK REDDICK: I would like to move that we adjourn at
12:30:28 this moment and come back at 1:30.
12:30:30 >> I'll second that.
12:30:35 Unless you need 2:00.
12:30:36 >>MIKE SUAREZ: I would say --
12:30:46 >>FRANK REDDICK: Amend that to 2:00.
12:30:47 >>MIKE SUAREZ: I have a motion from Mr. Reddick, seconded
12:30:51 by Mr. Miranda.
12:30:52 any opposed?
12:30:53 We are adjourned until 2:00 p.m.
12:30:56 >> (City Council Recess.)
12:31:00 >> - - - -
12:31:00 (Tampa City Council resumed.)
02:05:45 >>MIKE SUAREZ: Tampa City Council is now called to order.
02:05:47 Roll call.
02:05:48 >>CHARLIE MIRANDA: Here.
02:05:51 >>HARRY COHEN: Here.
02:05:52 >>GUIDO MANISCALCO: Here.
02:05:54 >>MIKE SUAREZ: Here.
02:05:57 Okay.
02:05:57 We are back on number 99.
02:06:00 We sort of did in the middle of your presentation.
02:06:04 We apologize.
02:06:05 If you could continue.
02:06:06 >> This is our petition for BRC for a property at 3907
02:06:13 Henderson Boulevard.
02:06:18 This is Henderson between church and Grady on the
02:06:22 northwesterly side.
02:06:36 Reduce front yard from 5 feet to zero feet.
02:06:43 From the survey, the portion highlighted in blue.
02:06:49 I'll give you a quick picture of the site.
02:06:51 Then I will turn it over to the applicant.
02:06:54 This is the sign.
02:06:56 It meets the provisions of the code.
02:06:58 It's 10 feet tall.
02:07:00 And I can't give you the number without looking.
02:07:08 The sign required by code.
02:07:18 Any questions for me?
02:07:19 >>MIKE SUAREZ: Any questions from council?
02:07:21 Mr. Cohen.
02:07:22 >> The sole reason for denial was the sign itself?
02:07:27 >> Correct.
02:07:27 >> The sign meets all the other qualifications?
02:07:30 >> Correct.
02:07:31 >>MIKE SUAREZ: Any other questions from council?
02:07:33 Okay.
02:07:34 Petitioner.
02:07:35 >> Marilyn Sealey, 101 East Kennedy with Adams and reed
02:07:43 representing petitioner.
02:07:44 I would like to introduce the video.
02:07:49 The VRB hearing.
02:07:53 And if you will bear were me a little bit.
02:07:55 Of this is a de novo hearing.
02:07:57 I wasn't at the VRB so I can't really toll you what went on
02:08:01 there and why they did what they did.
02:08:03 But the petitioner has been in business in one form or
02:08:05 fashion for at least 30 years in the Tampa Bay area.
02:08:08 Right now, they have formed the saint Pierre real estate
02:08:14 company on Henderson and have been in business for a couple
02:08:18 of months but it's doing really, really well.
02:08:20 They spent a to of money in renovations on both the outside
02:08:25 of the of the building and the inside of the building so
02:08:29 they are going on down the line and there's a pole seen out
02:08:33 front and they decide, hey, we want to continue and make
02:08:37 this look better.
02:08:40 So here is the location map.
02:08:42 As you can see, this is north like you are going to Dale
02:08:46 Mabry.
02:08:46 And that's down around St. Marys.
02:08:52 The actual carrot, this yellow part is a right-of-way taking
02:08:57 that happened back in the 70s, 80s.
02:09:02 We couldn't really find the exact date but it ha happened a
02:09:06 whole long time ago.
02:09:07 And that's important in that when you are driving north or
02:09:12 south on Henderson, this is still grassy area.
02:09:15 So it looks like they have got a good 20 feet in front of
02:09:18 the building.
02:09:19 But with the way the sign code is worded, they do not.
02:09:27 In terms of the variance criteria that you have to review, I
02:09:31 am not going to read them to you, they are in the staff
02:09:34 report, but basically this property is uniquely shaped.
02:09:37 And due to that right-of-way taking, the actual property
02:09:43 line is really only 10 feet.
02:09:46 We have the pole sign sitting there now, but it's all
02:09:50 squeezed in there.
02:09:52 When you look at the existing signage --
02:10:03 >>MIKE SUAREZ: If you turn that.
02:10:06 Move it over a little bit.
02:10:13 There we go.
02:10:14 We are good.
02:10:14 >> We pulled three signs that were in close proximity.
02:10:21 This sign is 8 feet from the sidewalk.
02:10:26 The dollar tree sign --
02:10:30 >> Put it a little lower, please.
02:10:35 Mr. Cotton will help you out there.
02:10:40 Our crack technology team will help.
02:10:43 There you go.
02:10:43 >> So this is 8 feet off of this sidewalk.
02:10:51 This one is two feet off of the sidewalk.
02:10:56 And the dance studio is right on the sidewalk.
02:11:02 Our sign is this.
02:11:09 It's right here.
02:11:13 And I think that picture kind of speaks for itself.
02:11:15 When you put together what the Tomlins have done to this
02:11:20 building in terms of renovating and the other renovations
02:11:23 that are going on and redevelopment, it really makes sense
02:11:29 in terms of at least common sense and hopefully legal sense
02:11:33 to you why we feel there's justification.
02:11:38 So what we wanted to do -- did I get that right? -- is put 2
02:11:48 sign right here. This is our property line.
02:11:50 This is whether the sign would be.
02:11:52 And this is the 5-foot setback from our property line.
02:11:57 If you can see when you are driving, right, it looks like
02:12:02 over here -- property line is over here but it really isn't.
02:12:11 You think 5 feet, no big deal, comply with the code, right?
02:12:16 But it's a big deal to us.
02:12:18 Because if we put this sign right here, 5 feet off of the
02:12:23 property line, our visibility from the south is severely
02:12:28 impacted.
02:12:31 When I say from the south, the south elevation, north
02:12:35 driving.
02:12:37 This little white DOT right here is what you see from carmel
02:12:49 coffee.
02:12:50 He was nice knife to take the picture while driving.
02:12:55 (Laughter).
02:12:56 >> Any police officers in the room, eastbound was not taking
02:13:01 a picture while driving.
02:13:03 (Laughter).
02:13:04 >> Anyway, you guys know how Henderson is, right?
02:13:08 There's no turn Lane in front of there and people get
02:13:11 confused all the time, so much so that they are parking in
02:13:14 the clinic and the funeral home lot.
02:13:19 People are getting upset and missing their turn.
02:13:22 They don't have a way to turn and it's confusing.
02:13:24 These are service-based industries.
02:13:31 Also trying to do the right thing.
02:13:35 So from the actual legal criteria, the petitioner didn't
02:13:39 cause any of this type of issue.
02:13:40 The right-of-way happened a long time ago.
02:13:43 And the sign was already in when they bought it.
02:13:46 The other main issue that we have is when you look at this 5
02:13:51 feet, if we put it where the code says, we are losing a
02:13:55 parking space.
02:13:57 We have 24 employees with everybody between the two
02:14:02 industries that are there.
02:14:03 We have real estate company.
02:14:11 They have a lot of employees.
02:14:12 They have a lot of people coming in and out.
02:14:14 Our customers are complaining because they can't tell where
02:14:17 they are until it's too late.
02:14:18 The building looks great but, hey, you doesn't even know
02:14:21 where to turn into your driveway.
02:14:29 Personally and I think also legally by granting this
02:14:31 variance you are going to improve the safety positions out
02:14:34 there, you are definitely going to improve the aesthetics of
02:14:37 that whole area.
02:14:38 The adjacent properties are not going to be impacted at --
02:14:42 negatively impacted at all.
02:14:43 The BRC found this consistent with your code and comp plan.
02:14:49 The section you are still going to see a lot of green space,
02:14:55 a monument sign instead of a bunch of sign blight as you go
02:14:59 down there.
02:15:00 Nobody is being harmed.
02:15:01 We are really requesting you to overturn that VRB denial and
02:15:05 grant the setback variance.
02:15:08 With that I would like to introduce holly Tomlin is going to
02:15:11 say a few words and then we are here for any questions you
02:15:14 may have.
02:15:14 >> I have been in business in the Tampa Bay area for 30
02:15:19 years,
02:15:20 We chose our location on Henderson because there was a lot
02:15:24 of traffic.
02:15:25 19,000 cars a day pass by our building.
02:15:27 We made a significant investment, over a million dollars
02:15:31 inside and out.
02:15:32 And it's now become, in our opinion, a premiere development.
02:15:40 We are looking for a sign that is consistent with our
02:15:42 building and the improvements on Henderson Boulevard.
02:15:46 Our business has grown exponentially in a very short period
02:15:50 of time.
02:15:50 Visibility access and safety is concerns for us and that
02:15:55 will also have impact on the economic and success of our
02:15:57 firm, and our tenant, a permitting firm.
02:16:04 We hear constantly how confusing it is for folks coming in
02:16:08 and out of our building.
02:16:09 They end on one side or the other, the clinic or the funeral
02:16:14 home on both sides, and as they turn into our building it's
02:16:16 not easily discernible as to which driveway to pull into.
02:16:21 Our neighbors have been affected by this, and safety is a
02:16:25 concern as our customers hesitate when they turn in, when
02:16:29 they pull into our building, which has created traffic
02:16:32 issues there.
02:16:33 The economics are concerned.
02:16:35 Core business as it relate to our signage.
02:16:37 We are requesting a sign that is reflective of the image and
02:16:40 professionalism of our building.
02:16:43 The blight of signs on Henderson we believe will improve
02:16:48 within the efforts of new business owners who contribute to
02:16:51 the redevelopment of Henderson Boulevard.
02:16:53 I know that all of you support small business advancement in
02:16:56 our community.
02:16:57 We ask that you help us by approving this request so that we
02:17:02 can approve on the safety and business exposure of the
02:17:06 clients and visitors enter and leave our building.
02:17:09 And I thank you very much.
02:17:10 >>MIKE SUAREZ: What was the building before you all put
02:17:15 money into it and refurbished it? I'm trying to place it in
02:17:20 my head where it's at.
02:17:21 >> I think there was a PALATES, and there was a lot of
02:17:26 different things in there.
02:17:27 And some attorneys upstairs at one time.
02:17:29 >> I remember the DAHL group.
02:17:35 Thank you.
02:17:36 >> That concludes our presentation, unless you have any
02:17:39 other questions.
02:17:42 >>MIKE SUAREZ: Any questions from council?
02:17:44 Mr. Miranda.
02:17:45 >>CHARLIE MIRANDA: I just want to ask a couple of
02:17:48 questions.
02:17:50 You are asking for a monument sign.
02:17:52 >> Yes, sir.
02:17:52 >> 5 by 10.
02:17:56 >> Yes.
02:18:00 The digital section is smaller than the actual monument
02:18:02 around it.
02:18:03 >> Do you know what the law is regarding the signs as far as
02:18:05 the changing of time?
02:18:07 >> Yes, sir.
02:18:08 >> What is it?
02:18:09 >> Oh, me personally?
02:18:11 We have to comply with code, and it's something like five
02:18:13 minutes.
02:18:16 >> You are not one second off.
02:18:18 It is five minutes.
02:18:19 >> Believe me, I think that Mr. Tomlin over here who never
02:18:24 breaks the law -- (Laughter).
02:18:26 >> Let me say this.
02:18:27 If you folks don't break the law, you are the only one who
02:18:30 doesn't break the law.
02:18:35 There's not one monument sign that I know of that doesn't
02:18:37 break the law.
02:18:38 And that's why code enforcement, number 107.
02:18:43 I'm not opposed to signs.
02:18:45 But what happens to monument signs, if I may, somebody gets
02:18:48 one, and then there's envious and jealousy.
02:18:53 Everybody wants anew toy.
02:18:54 And then you have got Las Vegas.
02:18:56 This is not a neighborhood.
02:18:58 This is a street that's got 19,000 cars.
02:19:01 And as I said I am not opposed to them but they have to be
02:19:03 put in certainly selective areas within the code, and maybe
02:19:07 five minutes is too long.
02:19:10 Sometimes the City of Tampa creates laws that they
02:19:13 themselves break the law, I think.
02:19:15 And I am not sure that we haven't violated our own law.
02:19:18 I'll be very upfront with you.
02:19:20 So that's what we are looking at.
02:19:22 And that's the point I wanted to make, Mr. Chairman.
02:19:24 I wanted to know if she knew five minutes -- how many
02:19:29 seconds?
02:19:29 >> None.
02:19:30 >> No --
02:19:33 >> Oh, the math?
02:19:35 (Laughter).
02:19:36 >> Thank you, Mr. Miranda.
02:19:38 Mrs. Montelione.
02:19:38 >>LISA MONTELIONE: Thank you.
02:19:41 Oh, microphone.
02:19:43 Mrs. Healey, the existing sign that's there now, you know
02:19:47 the one that you put the photograph on, how tall is that?
02:19:53 >> How tall is it?
02:19:55 >> It doesn't even look like one sign.
02:19:57 It looks like they are layered.
02:19:59 >> Yes, it's kind of a weird -- I think it's about 7 feet.
02:20:06 >> I was just comparing, you know, just visually what's
02:20:11 there now as far as height and width.
02:20:16 To what's proposed.
02:20:17 And that's what you are proposing here with a little higher
02:20:22 than that.
02:20:23 >> And the setback.
02:20:25 When the new sign is allowed to go in it will be 13 feet
02:20:29 from the sidewalk.
02:20:30 So you are not going to have all of that like right here.
02:20:33 You are going to see a nice beautiful sign that does not
02:20:37 change more than five minutes at a time.
02:20:41 (Laughter).
02:20:43 >>LISA MONTELIONE: All right.
02:20:44 Thank you.
02:20:44 >> Any other questions from council?
02:20:46 >>CHARLIE MIRANDA: Let me say, I agree that the road was
02:20:51 widened, and I was a tenant at 3825 Henderson Boulevard, the
02:20:58 crown building, about eleven years.
02:21:01 I remember the widening of that and what used to be the old
02:21:05 bank out there at Neptune.
02:21:06 I remember the post office being close by.
02:21:09 All of that was there.
02:21:11 And it's a very nice area.
02:21:12 >> They are very, very happy to be there, and they quite
02:21:18 honestly spent probably half a million dollars to make that
02:21:20 building look really good.
02:21:21 And I think they were all a little surprised when they first
02:21:24 started how well they have done in such a short period of
02:21:26 time and how their agents have grown.
02:21:29 It's an exciting time.
02:21:30 We just really need that sign and need to clean that whole
02:21:34 front area up.
02:21:34 >>MIKE SUAREZ: Thank you.
02:21:38 What's the pleasure of council?
02:21:41 I'm sorry, I was going to ask the public in a moment.
02:21:44 Any other questions?
02:21:46 Anybody in the public that would like to speak on item
02:21:48 number 99?
02:21:50 99.
02:21:50 >> Move to close.
02:21:52 >> Second.
02:21:52 >>MIKE SUAREZ: Motion to close by Mr. Cohen, a second by
02:21:55 Mrs. Montelione.
02:21:56 All in favor of that motion?
02:21:58 Any opposed?
02:22:00 Okay.
02:22:01 Is there anyone that would like to take item number 99?
02:22:05 >>HARRY COHEN: I would move of that we overturn the
02:22:08 decision of the VRB based on section 27-80 A, 1, 2, 3, 4 and
02:22:16 5.
02:22:17 All of the sections and subsections of the code could
02:22:23 theoretically -- and I think all five should be cited in
02:22:31 overturning.
02:22:32 >> Second.
02:22:33 >>MIKE SUAREZ: I have a motion by Mr. Cohen.
02:22:35 I have a second by Mr. Maniscalco.
02:22:37 All in favor of that motion?
02:22:39 Any opposed?
02:22:41 Okay.
02:22:41 Thank you very much.
02:22:43 Thank you for your patience.
02:22:52 I need a motion to move item number 100.
02:22:57 It could not be heard.
02:22:58 I need to move it to October 20th at 10:30 a.m.
02:23:02 >> So moved.
02:23:03 >>MIKE SUAREZ: I have a motion by Mr. Miranda.
02:23:04 I have a second from Mrs. Montelione.
02:23:06 All in favor of that motion please indicate by saying aye.
02:23:09 Any opposed?
02:23:10 Okay.
02:23:11 Item number 102 also needs to be continuously to August
02:23:15 25th.
02:23:15 >> So moved.
02:23:16 >> I have a motion by Mrs. Montelione.
02:23:18 I have a second from Mr. Maniscalco.
02:23:20 All in favor of that motion please indicate by saying aye.
02:23:23 Any opposed?
02:23:24 Okay.
02:23:32 I think we are up to 104.
02:23:34 >> Julie Hardy, legal department.
02:23:37 I submitted to you a draft ordinance, a draft resolution
02:23:47 The motion made at the last council meeting.
02:24:01 >> We lose time too,.
02:24:03 Any problem with part A and part B of this draft proposal?
02:24:07 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
02:24:10 It's an honorable thing and I appreciate the maker of this
02:24:14 motion that the council voted for, but I just can't support
02:24:18 this and I'll tell you Y.this is the first time in the
02:24:20 history of the City of Tampa that I know of that we are
02:24:23 going to enterprise fund and taking money out of that fund
02:24:27 for the enterprise fund to do something else with it other
02:24:30 than to support that enterprise entity.
02:24:34 That concerns me because somewhere along the lines maybe
02:24:37 this council, or future councils, can say it's been done
02:24:41 before, and it won't be a few dollars, 5, 6, 7,000, whatever
02:24:46 it is.
02:24:46 It will be in the hundreds of thousands, maybe in the
02:24:49 millions, because there's other departments that have much a
02:24:53 contingency fund because they have to because of the amount
02:24:56 outstanding debt that they have, because of the water
02:24:58 department and wastewater department.
02:25:00 And I don't want to be one to set a precedence for the
02:25:04 future for that to happen.
02:25:05 Therefore, I just can't support something like this, because
02:25:08 that I know of, I have never seen it done before, of an
02:25:12 enterprise fund to take money out, because they are not
02:25:15 doing it directly but you are doing it indirectly. To me it
02:25:18 just the same.
02:25:19 That's all.
02:25:20 Thank you.
02:25:20 >>MIKE SUAREZ: Any other questions or comments about this
02:25:23 at this point before -- would you like to go first, or
02:25:29 before I make any comments?
02:25:32 >>GUIDO MANISCALCO: I was going to move to put this draft
02:25:34 resolution.
02:25:35 >>MIKE SUAREZ: If I co-make one comment before.
02:25:37 I understand what Mr. Miranda is saying concerning the
02:25:40 enterprise fund.
02:25:41 But the difference, I think, sir, is that this is not taking
02:25:44 money out of the enterprise fund.
02:25:46 It's taking the ability for them to enforce to the bring
02:25:49 money into the enterprise fund based on the fines itself.
02:25:54 I understand what you are saying because this could be an
02:25:56 issue where we are looking at enterprise funds for doing
02:26:00 things they are not supposed to be doing. This is to make
02:26:03 money for us to continue to provide the kind of service
02:26:05 that's part of that particular enterprise fund.
02:26:08 I will say that it's an admirable plan.
02:26:10 I am going to support it.
02:26:11 I think by making sure that feeding Tampa Bay, the
02:26:15 organization that's involved here, is going to have really
02:26:21 the lions share of getting this food and hopefully people
02:26:24 will go to their location as opposed to coming to our
02:26:27 location with cans of food.
02:26:31 I think it will be very helpful.
02:26:33 I think it's admirable on the part of the maker and
02:26:35 admirable that we continue to look at this.
02:26:37 Mr. Cohen, you have something else?
02:26:39 >>HARRY COHEN: You know, I generally agree with you.
02:26:41 I think the reason I am going to support it also it's for
02:26:44 one year.
02:26:45 So we'll see what happens with it, and we'll go there from
02:26:48 there.
02:26:49 >>MIKE SUAREZ: Actually less than a year so a limited time.
02:26:53 Any other comments or questions before we go forward?
02:26:58 >>CHARLIE MIRANDA: I have to differ with you, sir, that
02:27:01 this is taking money from the enterprise fund, because you
02:27:04 are not paying the ticket and somebody is bringing in cash
02:27:07 which is an admirable operation to Don somewhere else, that
02:27:10 that operation from this department loses that money, and
02:27:13 enterprise funds were set up to contain themselves, to pay
02:27:17 all debts, anything that has to do with the running of that
02:27:20 department.
02:27:24 And there's four of them. This one is the weakest as far as
02:27:27 funds and money available.
02:27:28 I did speak with the individuals in charge of this, and they
02:27:32 may not like it, but they have no quarrels against it.
02:27:37 Let me also say the City of Tampa does have a food drive
02:27:41 once a year for all the employees so that's also there.
02:27:43 But I understand.
02:27:44 >>MIKE SUAREZ: Okay.
02:27:45 Any other comments or questions about this before we go
02:27:48 forward?
02:27:49 Mr. Maniscalco, if I could make a suggestion to you when you
02:27:53 make your motion is to suggest that this go to public
02:27:56 hearing, the next step, so we can set a public hearing and
02:27:59 go be forward from there.
02:28:00 I assume that Mr. Shelby, that is the correct method for us
02:28:03 to go forward in order to go on?
02:28:05 >>MARTIN SHELBY: It would be appropriate to move forward to
02:28:08 a public hearing.
02:28:08 >>GUIDO MANISCALCO: Part A and part B, we vote separately?
02:28:13 >>MIKE SUAREZ: I we suggest that you do it together.
02:28:16 >>GUIDO MANISCALCO: Okay.
02:28:17 >>MARTIN SHELBY: Well, my suggestion, you can do it
02:28:21 together.
02:28:21 Obviously the resolution, I believe -- Ms. Hardy, it does
02:28:28 not have to be set for public hearing, only the ordinance.
02:28:31 So you could have the resolution travel with it.
02:28:33 But the ordinance does require two public hearings per your
02:28:37 code.
02:28:37 >>MIKE SUAREZ: But at a public hearing.
02:28:40 Correct?
02:28:41 >>MARTIN SHELBY: Yes.
02:28:42 >>GUIDO MANISCALCO: I move to put item 104, food for funds
02:28:48 draft ordinance for first reading consideration on August
02:28:50 25th, 2016 at 10:30 a.m.
02:28:54 >>MIKE SUAREZ: I have a motion from Mr. Maniscalco.
02:28:58 I have a second from Mr. Reddick.
02:28:59 All in favor of that motion indicate by saying aye.
02:29:02 Any opposed?
02:29:05 >>THE CLERK: Miranda voting no.
02:29:06 >>MARTIN SHELBY: If we can ask the clerk to make it so that
02:29:13 the resolution travels along adjacent to it as a separate
02:29:17 item, to follow along to be adopted at the second reading.
02:29:22 >>MIKE SUAREZ: I don't think we need a motion to do that.
02:29:26 Madam clerk, thank you very much.
02:29:28 Ms. Hardy, thank you for appearing.
02:29:30 We are onto item number 105.
02:29:35 Ms. Lattimore.
02:29:37 I'm sorry to make you wait.
02:29:39 I saw you here earlier, ma'am.
02:29:41 Thank you for being patient.
02:29:42 Ocea Lattimore: Council, I am here to speak on item 105.
02:29:51 At the July 14, 2016 council meeting, I was asked to speak
02:29:57 on an update on the eagle security contract.
02:30:11 To provide you an update on the iron eagle contract as of
02:30:16 July 31st, the iron eagle company, their services were
02:30:22 terminated with the City of Tampa.
02:30:24 As of August 1st, Monday, allied BARTON was the security
02:30:33 company that has been assuming the contract to the end of
02:30:38 the contract from iron eagle, which is September 31st.
02:30:43 So as an interim solution, we have selected iron eagle as
02:30:51 the company to service that contract.
02:30:54 The remaining of the contract.
02:30:55 >>MIKE SUAREZ: I apologize, could you restate that?
02:30:59 Did you say iron eagle is --
02:31:00 >> no, I'm sorry.
02:31:03 Allied represent Barton.
02:31:06 Allied Barton will be servicing the contract September
02:31:10 21st.
02:31:11 >>MIKE SUAREZ: Okay.
02:31:12 >> In terms of the plans that we have to evaluate contracts
02:31:18 going forward, we are working with the purchasing department
02:31:22 to monitor the terms and conditions of the contract on a
02:31:27 monthly basis.
02:31:28 Currently what happens is that these contracts are monitored
02:31:32 on a quarterly basis.
02:31:33 But we are putting in additional measures to make sure we
02:31:38 have the visibility that's needed on a monthly basis.
02:31:42 In addition to that, what we are actually doing is we are
02:31:48 customizing the plan again for specific integrals, and we
02:31:53 are also putting in the contract making sure that we have
02:31:58 training and we have the visibility of the training that we
02:32:02 were looking at or we expect from the contractor.
02:32:06 Training such as CPR training or the escalation-type
02:32:11 training for their employees.
02:32:19 So that's all that I have now unless you have any questions
02:32:22 for me.
02:32:22 >>MIKE SUAREZ: Any questions?
02:32:26 Mr. Reddick.
02:32:27 >>FRANK REDDICK: You answered a lot of the questions that I
02:32:33 have, but I need to know this.
02:32:37 Are you including as part of the contract negotiations with
02:32:44 a private company or the city that these trainings be
02:32:50 included as part of their contract, or have you determined
02:32:53 whether the company is providing this training prior to you
02:32:58 entering into agreement with the contract?
02:33:00 >> Yes, that's one of the things that we are actually
02:33:03 looking at, is looking -- taking into consideration the type
02:33:06 of training that they are actually providing for their
02:33:11 employees.
02:33:12 So we will be asking for the training plans for -- the
02:33:21 training plans that the company has for their employees, if
02:33:24 that's what you are asking.
02:33:25 >>FRANK REDDICK: Right.
02:33:29 Are you aware if they have any type of sensitivity training
02:33:32 as part of the company training program?
02:33:36 >> Allied Barton is a nationwide company who provides
02:33:42 security services to patrolling companies, other
02:33:48 governmental agencies, colleges and universities.
02:33:50 So as we are going through this, we are -- to answer the
02:33:54 question specifically, we are working with purchasing to see
02:33:56 the type of training that they actually have.
02:34:03 I will look to see that they have the sensitivity training
02:34:06 in there, in their plan, as part of the services that they
02:34:09 provide.
02:34:09 >>FRANK REDDICK: One final question, and that is, what
02:34:13 provision or procedures that you have included or
02:34:18 established with this new vendor that you didn't have in the
02:34:24 previous contract?
02:34:26 >> Well, as I mentioned, what we are looking at is in the
02:34:33 ongoing monitoring, that's one of the things he would didn't
02:34:36 do before.
02:34:37 Also, with the training, we are not as diligent as we
02:34:44 probably should have been to see what type of training that
02:34:46 was actually provided by the previous company that provided
02:34:52 by this company.
02:34:53 So that's one of the things now we are specifying asking the
02:34:56 types of training that you actually have been, and then if
02:34:59 you don't have that training, from the city, these are the
02:35:05 type of training modules oar what have you that we expect
02:35:08 you to provide for your employees.
02:35:10 And we didn't do that before.
02:35:11 >>FRANK REDDICK: Okay, thank you.
02:35:13 >>MIKE SUAREZ: Any other questions at this time? Mrs.
02:35:16 Lattimore, I have a couple of questions and this goes
02:35:19 directly to the discharged weapons.
02:35:21 Whenever someone is hired, on the new contract that we have
02:35:24 that will last through September, is there anything in the
02:35:27 contract that sets forth any requirements as to what
02:35:32 scenarios would allow for someone to discharge their weapon
02:35:35 if they are an armed guard working under the city?
02:35:38 >> I cannot answer that specifically.
02:35:44 I can get information to you on if that's spelled out in the
02:35:48 contract.
02:35:48 >>MIKE SUAREZ: Okay.
02:35:49 May I make a suggestion then, that there will be or should
02:35:53 be some scenarios that are put as part of the contract what
02:35:58 it means with some of the disincentives would be if they are
02:36:03 discharging a weapon except for certain specific times?
02:36:07 Obviously, there may be some state law that overlaps.
02:36:10 I'm not sure.
02:36:11 And that's something for the legal department to have look
02:36:13 at.
02:36:14 But I would suggest that the training module that you talked
02:36:17 about, which is a good piece of it in terms of what we are
02:36:21 talking about, and the more diligent monitoring of the
02:36:25 services are going to, but I think that contractually we
02:36:30 should look at where an armed security force is allowed to
02:36:35 use physical force or deadly force or discharging of a
02:36:40 weapon, because I think that's really the issue here and not
02:36:45 just the other part of it.
02:36:46 If it is not part of our contract now, I think it's
02:36:48 something that we should look at and delve into for the
02:36:52 future, because that way, I think that solves a lot of the
02:36:55 liability issues that we may have in the future, and any
02:37:00 contractual issues that we may have because we are no longer
02:37:04 going to continue a contract.
02:37:06 So my point is that if they know going in when they can
02:37:11 discharge a weapon, or when they are supposed to call police
02:37:14 in order to protect a particular area, or because there is a
02:37:18 crime in progress, I think that we need to be very careful
02:37:21 in how we spell that out as to how people who are under our
02:37:25 contract are allowed to discharge weapons.
02:37:28 >> Yes, sir.
02:37:29 >>MIKE SUAREZ: Thank you.
02:37:30 Nip other questions or comments?
02:37:33 Thank you so much for your report.
02:37:35 We really appreciate it.
02:37:37 Okay, we are onto item number 106.
02:37:39 >> Sal Rogero, neighborhood empowerment.
02:37:51 I'm here to give an update on the courtyards on the river,
02:37:56 the apartment complex.
02:37:58 Just a little overview.
02:38:02 With 35 buildings on the property and they have 280 units.
02:38:06 They are currently at 86% occupied.
02:38:14 In doing the research on our investigation, over the last
02:38:19 year, they have had three tenants move out due to
02:38:22 conditions, living conditions, and the apartment management
02:38:26 has actually relocated 7 individuals while they redid their
02:38:31 apartments.
02:38:33 Currently we have 11 active violations on the property.
02:38:38 Which are slated to go to in front of the magistrate on
02:38:42 October 13th for structural issues.
02:38:46 We also have issued them three citations for potholes,
02:38:53 overgrowth, and conditions around the property which they
02:38:58 have already fixed.
02:38:59 We have had extensive conversations.
02:39:04 The area supervisor and the area inspector with the owner of
02:39:08 the property, and those conversations, it was suggested that
02:39:14 he bring in a better management company.
02:39:18 Over the past years he's kind of gone through management,
02:39:21 and then weren't really qualified.
02:39:23 So as of August 1st he brought in a new management
02:39:28 company which is a reputable company, Franklin Street
02:39:32 management, and they have an on-site property manager and an
02:39:38 on-site maintenance manager.
02:39:42 And they are meeting with inspectors soon to go over these
02:39:46 eleven violations and anything else that's wrong with the
02:39:48 property.
02:39:52 Since Tampa 1st, the supervisor has had a conversation
02:39:56 with this manager.
02:39:58 Ten buildings are currently slated to get new roofing.
02:40:01 And the complete parking lot for the whole complex is going
02:40:06 to be redone.
02:40:07 So we have conversations going on with the owner.
02:40:12 We have violations that are going in front of a magistrate.
02:40:15 And we monitor this property weekly.
02:40:19 For any further violations.
02:40:20 I think we have a pretty good handle on what's going on up
02:40:23 there.
02:40:23 >>MIKE SUAREZ: Councilman Reddick.
02:40:26 >>FRANK REDDICK: Thank you, chair.
02:40:29 Have you had a chance to review their maintenance logs at
02:40:33 the facility?
02:40:34 >> Yes.
02:40:35 And that's what prompted them bringing in a new manager,
02:40:41 maintenance manager, because they weren't keeping good
02:40:43 records.
02:40:44 They weren't responsive to tenant complaints.
02:40:48 And things such as that.
02:40:51 >>FRANK REDDICK: And what brought this to my attention is
02:40:55 that I saw an investigative report that was done by one of
02:41:01 the local TV stations.
02:41:03 And it was very disturbing to observe the young lady who had
02:41:11 mold and the flood, flooding in her apartment, and she's
02:41:17 been waiting for them to repair that over a period of time,
02:41:21 and it seemed to get worse and it was like Tampa management
02:41:26 company deciding to move forward and Don something.
02:41:29 And they didn't tap any type of actions to improve the
02:41:35 conditions of that apartment until the news media people
02:41:40 showed up.
02:41:41 And it was -- it took the news media crew to come out there
02:41:47 and witness something like this when this lady has been
02:41:51 complaining for so long about the conditions of her
02:41:54 apartment.
02:41:55 And if you saw the footage it was embarrassing.
02:41:58 The first thing I said to myself that with the other
02:42:04 problems that they are having, and they were having, and you
02:42:08 verified a lot of it by saying the 11 violations, it was
02:42:13 almost to the point that people are living there.
02:42:19 The place should be condemned until they repair all the
02:42:23 damage that was done to a lot of these people's apartment
02:42:27 units.
02:42:27 >> Well, sir, our inspectors have gone building by building.
02:42:35 They don't meet the demolition criteria, or even the vacate
02:42:38 order criteria.
02:42:40 There are certain pockets of the apartments in there that
02:42:44 need some work.
02:42:45 And I think that -- and we were investigating before this
02:42:50 even made the news.
02:42:51 So I think with the eleven active violations that we have,
02:42:55 which are structural, that go in front of the magistrate,
02:42:59 that based on the conversations that we are having with the
02:43:01 owner, and I think with us being there weekly, I think
02:43:05 there's going to be some progress.
02:43:08 I think they are motivated to make this a better place.
02:43:10 >>FRANK REDDICK: Well, it's not a question -- it was
02:43:17 demonstrated there was a lot of mold.
02:43:19 And a lot of mold.
02:43:21 And in one of those apartments.
02:43:23 >> It was due to roof leak.
02:43:26 And they are addressing -- there are ten buildings slated to
02:43:30 get new roofs.
02:43:32 >>FRANK REDDICK: Who is responsible for paying someone, the
02:43:36 health issues that are affected by those molds?
02:43:41 Is it the landlord?
02:43:43 >> I don't think I am qualified to answer that question as
02:43:45 far as who would be responsible to pay something like that.
02:43:51 That would have to be maybe a lawsuit and let the courts
02:43:56 figure that out.
02:43:57 But there's no code that I know of that allows for them to
02:44:02 recover damages because of mold.
02:44:05 We don't have anything in our codes for that.
02:44:07 >>FRANK REDDICK: So if someone came before the magistrate
02:44:18 as a tenant of that facility and came to this public
02:44:20 hearing, and saw the report that they were affected by mold,
02:44:34 I guess --
02:44:35 >> We could get a legal opinion on that.
02:44:37 >> Jerrod Simpson.
02:44:43 I'm actually the attorney assigned to the magistrate
02:44:45 hearings.
02:44:46 The tenant would be allowed to come and speak in front of
02:44:48 the magistrate and explain what their conditions were.
02:44:54 What that would do as far as our magistrate proceedings is
02:44:57 it would go to the gravity of the violation which would
02:45:00 allow the magistrate to elevate the amount of the fine that
02:45:05 the landlord, the property owner would face.
02:45:09 But as far as the other questions that you are talking
02:45:13 about, I think Sal is correct that would be a situation
02:45:21 between the tenant and the landlord.
02:45:23 I hope that answers your question.
02:45:25 >>FRANK REDDICK: Then go back and ask a question, if it
02:45:30 could happen, if the person affected by the mold -- for the
02:45:36 attorney -- so who would be responsible if someone medically
02:45:44 determined that they are affected by the condition, the mold
02:45:47 condition of those units? Is it the landlord?
02:45:52 >> Well, again, as far as our code goes, the landlord, the
02:45:56 property owner is responsible for the conditions on the
02:45:59 property.
02:46:00 So we hold them responsible in front of the special
02:46:03 magistrate for the violation of the code, which requires
02:46:07 certain infrastructure standards.
02:46:12 As far as whether or not the landlord would be liable to the
02:46:17 tenants for injuries caused by the mold, I really can't
02:46:23 determine that.
02:46:26 It would be factual-based, civil liability situation between
02:46:31 the tenant and the landlord if they wanted to bring a civil
02:46:34 suit against their landlord.
02:46:35 There would be a lot of facts that would come in to play
02:46:38 there to determine who was liable, how the mold got there,
02:46:41 and so forth.
02:46:42 >>FRANK REDDICK: Okay.
02:46:44 >> Any other questions on this particular item?
02:46:49 Anyone?
02:46:50 Okay.
02:46:51 Thank you.
02:46:53 I think you are not going to gone anywhere because I think
02:46:55 the next item is yours, too.
02:46:58 You have a question?
02:46:59 I apologize.
02:47:00 I would like you to stay there any way.
02:47:02 >>LISA MONTELIONE: Since this is a multifamily property, we
02:47:07 just talked about our inspections process not too long ago,
02:47:13 but multifamily properties don't fall under Tampa city's
02:47:17 jurisdiction.
02:47:18 So is that where we have a conundrum?
02:47:23 >> Well, we don't have a conundrum.
02:47:27 I mean, we are investigating them.
02:47:29 >>LISA MONTELIONE: I understand for quality of life issues.
02:47:31 But I know there was a difference when we talked about the
02:47:34 rental inspections from, you know, what we as a city can
02:47:39 inspect and cite and what the state is responsible for.
02:47:43 >> Yes, assistant city attorney Jerrod Simpson.
02:47:49 With the rental certificate expressly states in the
02:47:52 ordinance that it's problems with one to four units.
02:47:58 So the rental certificate wouldn't actually apply to this
02:48:00 particular property.
02:48:02 As far as the structural issues, we have taken the position
02:48:05 that we can inspect and regulate on the basis of the
02:48:13 structural issues.
02:48:14 >>LISA MONTELIONE: So it's the building code that we are --
02:48:18 >> Correct.
02:48:19 >>LISA MONTELIONE: Okay.
02:48:20 All right.
02:48:22 A gray area, I think.
02:48:24 >>MIKE SUAREZ: Okay.
02:48:26 Item number 107.
02:48:27 I think Ms. Mandell is here.
02:48:37 >>JULIA MANDELL: City attorney.
02:48:40 This item seems to be requesting the legal department to
02:48:43 give a report on the enforcement measures which are taken
02:48:47 regarding the electronic signs, the on-site signs that move
02:48:52 more than once every five minutes.
02:48:53 I can take a lot of your time to give you a history of this
02:48:57 because I lived signs my entire career with the city.
02:49:01 But to answer the specific question, our code is very clear
02:49:04 given on-site sign it cannot change more than once every
02:49:08 five minutes.
02:49:09 Our enforcement program is typically and traditionally been
02:49:13 one of complaint-based.
02:49:15 If there's a complaint -- and I myself have called in
02:49:20 complaints. If there's a complaint, code enforcement will
02:49:23 go visit the folks, tell them to cut it out, and usually
02:49:27 they will change the sign just long enough to deal with it
02:49:30 or if there's some kind of enforcement.
02:49:34 Unfortunately, it's a technology that is so easily
02:49:37 changeable that it makes it easy for a person to comply and
02:49:42 then uncomply.
02:49:43 I really do think that this is something that's probably
02:49:47 warrants some bigger conversation over the general
02:49:49 electronic signs.
02:49:51 On-site sign codes again, not billboard sign codes, and the
02:49:54 way it's been implemented.
02:49:56 It really was, when this was put in place, I think it was
02:50:00 2006, first of all the technology was very different.
02:50:04 And it was much harder.
02:50:08 And second of all, there really was not a lot of thought
02:50:12 given as to the mechanisms and methods of enforcement and
02:50:15 how to deal with some of these other issues relating to
02:50:19 these.
02:50:20 My recommendation would be that you might schedule this for
02:50:22 a workshop.
02:50:23 And I know we had workshops on these before and they seem to
02:50:26 go nowhere, but I think it's such an ongoing issue that I
02:50:30 think you do need to take some time to look into it given
02:50:35 the technology.
02:50:36 >>CHARLIE MIRANDA: Mr. Chairman, I agree, we should have a
02:50:40 workshop.
02:50:44 The problem is that when these were passed in 2006 the
02:50:52 technology was very limited.
02:50:53 Now you can order signs by mail.
02:50:57 Technology has improved so much, I guess you plug it into
02:51:00 your computer, you can change anything you want, and at very
02:51:04 minimal expense compared to what it was ten years ago.
02:51:07 So it's go it to change.
02:51:11 In my opinion, these signs should not be 5 by 10 anymore.
02:51:15 They should be much smaller.
02:51:16 >> I think that's a legitimate pointed of the conversation
02:51:22 given the change in technology, and as a result of the
02:51:24 change in technology we are seeing a proliferation of these
02:51:28 and can look at locational criteria and look at some of
02:51:30 these other issues --
02:51:32 >> You can even change now the brightness, turn it down by
02:51:34 your cell phone, you know. Anyway, I am not going to go
02:51:38 into it.
02:51:38 I don't want to hamper any future thing from this council.
02:51:41 But I agree with that about a workshop.
02:51:44 It's up to the council to decide whether they would like to
02:51:47 have one.
02:51:48 >>MIKE SUAREZ: We have --
02:51:51 >>JULIA MANDELL: I might say one other thing, if you are
02:51:53 going to have a workshop it would be important to include
02:51:57 say Cathy Coyle from planning department and also someone
02:52:00 from neighborhood enhancement, for a much longer and broader
02:52:05 conversation.
02:52:07 For timewise, somewhere in September.
02:52:09 >>MIKE SUAREZ: Are you saying misery loves company?
02:52:13 >> Probably a suggestion of this council that we do have a
02:52:17 workshop session October 27th, that might be okay.
02:52:21 I don't think we have anything on it right now.
02:52:23 Mr. Cohen, you had some comments.
02:52:25 >>HARRY COHEN: Yes, and I think that would be a fine time
02:52:28 to do it.
02:52:28 I agree this is a topic that we need to look at.
02:52:32 When we talked about this a few months ago, I got some
02:52:35 correspondence that made me aware of a lot of different
02:52:38 issues that relate to these types of signs.
02:52:41 And I think Mr. Miranda's initial suggestion regarding the
02:52:46 size is a good one.
02:52:47 And I just would point out, consistent with the discussion
02:52:52 we had earlier, we are going to look like Las Vegas if we
02:52:56 don't get -- just a sense of where we are going on this, and
02:53:01 make sure that we don't run away with ourselves regarding
02:53:04 these signs before we get control over it.
02:53:07 Because one of the things we have learned is that once they
02:53:10 are out there, it's very, very difficult -- if not
02:53:13 impossible -- to dial them back.
02:53:15 So if we are going to do it, we really need to do it soon.
02:53:18 So I will make a motion for a workshop on this issue
02:53:23 incorporating the request that was made for Cathy Coyle as
02:53:26 well as the legal department to appear on October 27th
02:53:30 at 9:00 a.m.
02:53:32 >>CHARLIE MIRANDA: Second.
02:53:35 And neighborhood, however you want to look at it.
02:53:38 >>HARRY COHEN: And neighborhood.
02:53:40 >>MIKE SUAREZ: We have a motion from Mr. Cohen.
02:53:42 A second from Mr. Miranda.
02:53:43 Recall in favor of that motion please indicate by saying
02:53:45 aye.
02:53:46 Any opposed?
02:53:46 Thank you.
02:53:49 Okay.
02:53:50 Number 108.
02:53:51 Mr. Shelby, I believe.
02:53:53 This is your presentation.
02:53:54 >>MARTIN SHELBY: Thank you, Mr. Chairman, Martin Shelby,
02:53:59 City Council attorney.
02:54:00 I have provided to you draft language regarding the creation
02:54:07 of a charter review commission.
02:54:15 August 1st of 2016.
02:54:17 To let you know, council, you previously, this morning,
02:54:21 passed on second reading an ordinance asking an item to be
02:54:26 placed on the ballot for this November for the voters
02:54:29 regarding the internal auditor.
02:54:31 That being the case, I do not wish to get that subject
02:54:37 confused with what's before you now.
02:54:40 So my recommendation is very briefly to take a look at the
02:54:45 timeline.
02:54:46 This is for the creation of a charter review commission per
02:54:50 council's direction.
02:54:51 Your motion was specific.
02:54:53 And this came out of your strategic planning meeting.
02:54:56 And several things.
02:54:59 First of all, it is an advisory board to the City Council to
02:55:05 come back with recommendation for possible amendments or
02:55:10 revisions that may be advisable for placement on the ballot
02:55:13 for consideration by the voters in November of 2018.
02:55:19 The other thing that council made very specific is that once
02:55:24 presented to the City Council, the council will then decide
02:55:26 whether to accept or reject or modify those recommendations
02:55:30 and put them in the form of an ordinance which would then be
02:55:32 presented to the mayor for his signature.
02:55:34 And once that ordinance becomes enacted, it will be placed
02:55:38 on the ballot, as I said, in November 2018, but such
02:55:42 amendments or revisions if adopted and accepted by the
02:55:45 voters shall not take effect until the start of the new term
02:55:50 of office of the mayor and the City Council which begins
02:55:53 April 1st in 2019.
02:55:55 My point being, council, there is no rush to do this right
02:56:01 now.
02:56:02 You have an upcoming election with a ballot question on it.
02:56:06 You also have your budget to deal with, obviously.
02:56:10 If you will notice with regard to the draft, section 7 on
02:56:14 the last page, which is probably a very -- I am not going to
02:56:19 say probably -- which is certainly a very significant issue,
02:56:23 which will control the success of the charter review
02:56:27 commission, and that is administrative, clerical and legal
02:56:31 support.
02:56:32 And finance you see on this draft it says "to be
02:56:34 determined," and obviously that is going to have to be
02:56:37 finalized.
02:56:39 This process will involve the administration.
02:56:42 It will involve the staff.
02:56:43 It will involve the legal department.
02:56:45 And obviously, I know that City Council is committed to the
02:56:50 success of this board, with which by the way I referred to,
02:56:54 just so you know, as the charter review commission, the CRC,
02:56:57 not to be confused with the police civilian review board
02:57:00 which he would be a CRB.
02:57:02 So there would be no confusion there.
02:57:04 That's why I am referring to it as a commission.
02:57:07 But it is an ad hoc advisory board.
02:57:10 And I present it to you.
02:57:14 The only thing I would ask council that needs actually your
02:57:19 consideration is with regard to section 7, is with regard to
02:57:24 the funds or investment that may be necessary to provide
02:57:27 that kind of support that will ensure the success of this
02:57:30 board.
02:57:30 >>MIKE SUAREZ: Questions?
02:57:35 Mrs. Montelione.
02:57:35 >>LISA MONTELIONE: Thank you, sir.
02:57:38 There were things when you and I reviewed this, the
02:57:42 objective list, a lot of them.
02:57:48 I thought some of them might need to be more clear.
02:57:53 >>MARTIN SHELBY: Yes.
02:57:56 >>LISA MONTELIONE: I believe this is lifted exactly from
02:57:59 the session, workshop session we had in the goal setting.
02:58:09 >>MARTIN SHELBY: Yes.
02:58:09 >>LISA MONTELIONE: And it was just a list.
02:58:11 So sometimes we didn't flush out what those things meant.
02:58:14 So, for instance, an easy one.
02:58:16 Item number 107 simply housekeeping items.
02:58:20 But it doesn't same, you know, like what.
02:58:23 So I would expand that to say things like items of conflict
02:58:28 in language, antiquated terms, references to obsolete
02:58:34 departments, and again the conflicting language with state
02:58:37 law, as well as with itself, because in different places
02:58:40 even in the charter itself, there's competing terms.
02:58:45 And I think gender is already mentioned, number 11, gender
02:58:50 bias.
02:58:54 The enhance -- going back up the list, number 2, enhancing
02:58:57 the role of City Council chair.
02:59:00 It doesn't really say what that meant, but I think from
02:59:04 reading through the facilitation reports that was a
02:59:08 discussion about a Vice Mayor.
02:59:11 And it doesn't say that in here.
02:59:14 So I think there's a little bit of work that needs to be
02:59:17 done by your meeting with individual council members to
02:59:23 flush out what exactly is meant by some of these terms in
02:59:27 that list.
02:59:29 And the other is, as you said, the administrative, clerical
02:59:37 and legal support.
02:59:40 There was a budget item in City Council category, if you
02:59:47 will, last year -- and I believe it was maybe the year
02:59:52 before that -- no, it was just dated last year -- that is
02:59:56 not there this year.
02:59:57 So it was in the 16 budget for somebody to have a maybe
03:00:06 part-time role in shepherding this commission through its
03:00:14 work.
03:00:15 So as a support staff personnel.
03:00:18 And if it's our intention, or if it's council's intention to
03:00:22 move forward with a charter review commission, there has to
03:00:28 be some kind of budgetary item either in our City Council
03:00:33 budget, which is where I would prefer it, or within the
03:00:35 administration budget to fully staff this.
03:00:40 It's different than a citizens review board because that's
03:00:43 being administered by the police department.
03:00:45 Soap it's in the police department's budget to administer
03:00:49 the citizens review board, but there is nothing in the
03:00:51 budget, at least in my review thus far -- I may have missed
03:00:57 something -- I have not seen any support for administrative
03:01:01 services to a charter review commission.
03:01:04 >>MARTIN SHELBY: I'm sorry, yes, thank you.
03:01:09 That question did come up, and I had an opportunity to -- in
03:01:13 fact I spoke with Mike Perry, the city's budget officer this
03:01:16 morning.
03:01:18 There was, as you recall, the $15,000 that was placed in the
03:01:23 FY 16 budget.
03:01:24 Council used a portion of that for the process of creating
03:01:28 the strategic planning.
03:01:30 There was a balance of over $11,000 in that account.
03:01:33 And I was able to obtain a an account number from Bolton.
03:01:39 And confirming with Mike Perry did confirm in fact there is
03:01:43 no rollover of balances except in cases of capital
03:01:47 situations.
03:01:48 But unless a department makes a specific request for FY 17,
03:01:52 that would not have appeared.
03:01:54 And therefore you are correct, there is no money set aside
03:01:58 for this purpose for City Council in FY 17.
03:02:01 >> So in speaking of the rollover, we have voted and
03:02:05 requested that whatever balances remain in our individual
03:02:10 City Council budgets roll over to the following year?
03:02:14 >>MARTIN SHELBY: Yes, I believe you have.
03:02:17 >>LISA MONTELIONE: And where the budget is being drafted.
03:02:22 I wasn't asked -- I don't know if any of us were asked if
03:02:25 that $11,000 was a City Council budget item was to be rolled
03:02:31 over, because you said it's by specific request.
03:02:34 I don't know if anybody requested it and I don't know
03:02:36 finance anybody was asked.
03:02:39 I know I certainly wasn't.
03:02:40 >>MARTIN SHELBY: I do know as a body the City Council had
03:02:43 not addressed that.
03:02:48 >>LISA MONTELIONE: So if the charter review commission is
03:02:50 going to exist it needs support he W which means it's going
03:02:53 to need money and $11,000 isn't going to cover it but it's a
03:02:56 start.
03:02:57 So if we maintain that funding in that account --
03:03:05 >>MARTIN SHELBY: Except for the fact that the recommended
03:03:07 budget now has a line of zero.
03:03:09 >>LISA MONTELIONE: Right.
03:03:10 Buff we have --
03:03:14 >>MARTIN SHELBY: But there is no $11,000 to roll over
03:03:18 because --
03:03:19 >>LISA MONTELIONE: But we are still in '16 so it is in the
03:03:22 '16 budget.
03:03:24 Currently right now we are in fiscal year 16.
03:03:26 >>MARTIN SHELBY: I assume that that balance is still in
03:03:29 that line item for that account.
03:03:30 >>LISA MONTELIONE: So it could still be requested to be
03:03:33 rolled over?
03:03:35 Because the budget has not been finalized.
03:03:37 >>MIKE SUAREZ: It is our role to ask the administration to
03:03:41 continue to put that in there, correct.
03:03:44 Are you done, Mrs. Montelione?
03:03:46 Do you have any other issues or questions right now?
03:03:48 >>LISA MONTELIONE: No, I think that was it.
03:03:51 I mean, he already talked about it, in the administrative
03:03:55 clerical and legal support section 7.
03:03:58 Identifying is it going to be, you know, a combination of
03:04:02 City Council attorney working in conjunction with the city
03:04:05 attorney?
03:04:05 Is it going to be an outside counsel who is going to
03:04:08 administer them?
03:04:10 There are people who specialize in charter reviews.
03:04:13 So are we going to hire somebody from the outside who that's
03:04:17 all they do so they are very familiar with it?
03:04:19 So those kind of questions need to be flushed out.
03:04:23 >>MIKE SUAREZ: Mr. Chairman Reddick.
03:04:25 >>FRANK REDDICK: Thank you, chair.
03:04:28 In reference to section 7, we say to be determined.
03:04:43 I want to make a motion to address that issue, chair, and
03:04:50 unlikely to be put in place reference section 7.
03:04:57 We haven't had final discussion on it.
03:04:59 But I think if we are going to request administration to
03:05:07 keep that $11,000 or back to 15,000 for next year's budget,
03:05:18 we probably need to today before we start the public
03:05:20 hearing.
03:05:21 Maybe we need to look at doing a motion to that effect.
03:05:27 And Mr. Cohen, you are the chairman of the Finance
03:05:29 Committee.
03:05:31 >>HARRY COHEN: Well, what I think I heard Councilwoman
03:05:34 Montelione ask for is two things.
03:05:36 The first to be the rollover of the 11,000 and second to
03:05:39 make sure that the 15,000 occurs in next year's budget.
03:05:44 So those two things.
03:05:45 So I make a motion that we formally ask the administration
03:05:48 to add that to the budget that we are considering for
03:05:51 adoption.
03:05:51 >>MIKE SUAREZ: Before we go to a motion, because we are
03:05:56 discussing whether or not we want to Don a motion and how
03:05:58 it's going to sound, I would hold off on it being a motion
03:06:03 at the moment so we can have more discussion about this.
03:06:05 Mr. Miranda.
03:06:06 >>CHARLIE MIRANDA: Thank you very much.
03:06:09 >>MIKE SUAREZ: I am making a suggestion because there might
03:06:13 be some other issues that Mr. Reddick has prior to that but
03:06:17 that's okay.
03:06:18 We'll go with the discussion.
03:06:19 Mr. Miranda.
03:06:19 >>CHARLIE MIRANDA: Thank you very much, Mr. Chairman.
03:06:21 The last time I remember charter and the 75 spearheaded by
03:06:29 that wonderful individual Jan Platt, and it wasn't about
03:06:33 salaries.
03:06:35 This is what I read in the operation here.
03:06:38 And it wasn't about per diem.
03:06:40 That's what I read here.
03:06:41 And it wasn't about a lot of things.
03:06:43 So if this council wants to change per diem and change
03:06:49 salaries, bring it up yourselves.
03:06:52 You don't have to appoint somebody to go back door and tell
03:06:54 us what we need.
03:06:55 Have the courage to do that.
03:06:57 I'm not saying you do want to do it or don't want to do it
03:07:00 but it's here.
03:07:00 So I'm not in favor of hiring an outside counsel at 300 to
03:07:06 $500 an hour, and who knows how many hours that's going to
03:07:09 take, especially to hire an expert that rate goes up.
03:07:13 I think we have enough legal understanding in this
03:07:16 building -- if we don't then it's our problem for not hiring
03:07:19 the right people -- to do this job.
03:07:24 The facilitator talked about another facilitator, if you
03:07:28 have 11,000 and had 15 to start with, you have whatever was
03:07:35 paid to the facilitator, because I don't go anywhere when
03:07:39 you pay somebody to do something for me, was about 4,000 or
03:07:42 less, another building, I would imagine -- that's fine,
03:07:46 everybody has got to eat.
03:07:47 So those things have to be figured out.
03:07:49 So I just don't know where we are going.
03:07:52 But I don't spend public money just to spend public money.
03:07:56 Let me say that again.
03:07:58 I just don't do that.
03:07:59 And there's where I am at, Mr. Chairman.
03:08:02 >>MIKE SUAREZ: Okay.
03:08:03 Mr. Cohen, before we clear your amendment -- excuse me, your
03:08:08 motion, is there anything you want to say before that?
03:08:11 Because I might have --
03:08:14 >>HARRY COHEN: Well, I think Councilman Miranda makes and
03:08:16 excellent point be about good stewards of public money.
03:08:20 We had 15,000 and there's 11,000 still there, so I think
03:08:23 it's clear that we didn't throw away the money willy nilly.
03:08:28 We spent it appropriately when we needed to and I think we
03:08:30 have shown that we are capable of being trusted with an
03:08:38 amount that will help us achieve our goal here.
03:08:41 >>MIKE SUAREZ: Mrs. Montelione loan.
03:08:43 >>LISA MONTELIONE: And I also want to point out the one
03:08:47 item that was called out was adequacy of compensation and
03:08:51 per diem of elected officials, item number 13.
03:08:56 But the duties of the charter review commission, section 6,
03:09:01 are really the meat of what we discussed occurring, and
03:09:06 that's exactly right.
03:09:07 It hasn't been reviewed since the 1970s.
03:09:10 So there's a lot in the charter that needs to be looked at,
03:09:13 and it needs to be looked at with some impartiality, not by
03:09:18 necessarily the seven people here because it may or may not
03:09:22 be all of us when the time comes.
03:09:24 And maybe a different council altogether.
03:09:27 So the things that they are looking at -- and I don't want
03:09:30 the public to think that we are just creating this review
03:09:33 commission for the items, the purpose of number 13.
03:09:39 There's a wholly section, letters A through G that states in
03:09:44 here what it is that we are asking for the charter
03:09:48 commission some look at, and, you know, they might come up
03:09:52 with things of their own once they are seated.
03:09:54 But this is not a one-issue request.
03:10:00 It's multi-layered.
03:10:02 Thank you.
03:10:02 >>MIKE SUAREZ: Okay.
03:10:04 If I could I have a couple comments.
03:10:05 And this has less to do with the budget item selected.
03:10:08 I do think that when you are looking at a resolution like
03:10:12 this, in my mind -- and what I looked at in other cities and
03:10:18 other counties -- is that the amount of money that you spend
03:10:22 on it -- and I don't know how the county does it,
03:10:25 necessarily the way they do it -- but there is a portion of
03:10:30 it that I don't think we are necessarily going to be
03:10:32 apportioning what that amount is.
03:10:34 The administrator under section 7 to be determined is
03:10:37 probably too vague, but I don't know if you necessarily do
03:10:42 something very specific that says, you know, an amount, or a
03:10:46 selection process or something like that.
03:10:48 I see why you put it there, because we had discussed it
03:10:52 anyway.
03:10:53 And that's why I think it's perfectly fine --
03:10:57 >> it's a draft.
03:10:58 >> It's a draft.
03:10:59 And there were a couple of other issues that I wanted to get
03:11:02 to first, and things that I had talked to Mr. Shelby about,
03:11:05 something I wanted to bring forward as part of our board,
03:11:07 too, which is some of the qualifications for membership is
03:11:09 one of the things that I wanted to look at.
03:11:12 Section 4, sub A, talks about, you know, a registered
03:11:18 electors in the City of Tampa at the time of their
03:11:20 appointment.
03:11:20 I wanted to put in there a specific time frame at which they
03:11:24 had been citizens of the City of Tampa as opposed to just
03:11:27 electors, meaning that meant based on this reading of it was
03:11:31 someone co-just move into Tampa, be registered to vote, and
03:11:35 they are ready to be appointed.
03:11:36 I wanted to make sure that we had someone that had some
03:11:38 stake in Tampa, maybe a year time frame, that they have been
03:11:43 a citizen of the City of Tampa, and I think we have all seen
03:11:48 where people have moved into neighborhood, come before us
03:11:51 and say this is why this neighborhood needs to be changed
03:11:54 because I did something different in another place.
03:11:56 I would rather have somebody that had a stake in the City of
03:11:58 Tampa.
03:11:59 So I would like that changed.
03:12:00 That would be a recommendation that I would have going
03:12:02 forward.
03:12:04 I think that the time frame in which we do a regular basis,
03:12:11 we do not have it listed in here as to when the review is
03:12:15 done.
03:12:16 I like a longer time frame, because once you change a
03:12:19 document and you have brought it before the voters and
03:12:22 changed the charter, either a few things or a lot of things.
03:12:26 I don't think that you keep doing it every five years like
03:12:30 it is done with the county.
03:12:31 I think they do it too often.
03:12:33 I think that we need to spread that out.
03:12:36 My suggestion would be anywhere between a ten-year to
03:12:40 15-year time frame.
03:12:42 And the reason why a longer time frame fits demographically,
03:12:46 we are going to be changing in the longer period of time.
03:12:49 Census data is going to come in, in terms of how we are
03:12:52 changing.
03:12:54 Future council may want to expand this board instead of just
03:12:57 having a 7-member board, a future council or future city may
03:13:02 want to make us all single-member district instead of having
03:13:06 at-large districts.
03:13:07 I think that there is a lot of things that could be looked
03:13:10 at in the future that we want to give them the room to go
03:13:13 ahead and make some of those changes.
03:13:16 But I do think we need to set the framework where we say
03:13:20 five years is too soon, ten years definitely as a minimum, I
03:13:24 think.
03:13:24 So I think, you know, a ten year amount of time should be
03:13:27 placed into the resolution going forward.
03:13:32 I think that we are going to have to figure out from a
03:13:36 conversation with the mayor's office as to the makeup and
03:13:38 the composition of the CRC -- excuse me.
03:13:42 Yeah, I guess it is CRC.
03:13:44 I apologize.
03:13:45 I thought I was saying the wrong thing.
03:13:47 That we are each going to have an individual and the mayor
03:13:49 is going to have two and then we are going to have some
03:13:51 alternate.
03:13:52 So we need to make sure that's going to be negotiable and
03:13:55 have no problems from administration, as I recall from my
03:13:58 conversation with Mr. Shelby.
03:14:00 I don't think we talked to the administration yet in terms
03:14:02 of the composition of the board.
03:14:04 Am I correct?
03:14:05 >>MARTIN SHELBY: I have not been authorized to speak on
03:14:07 behalf of the City Council.
03:14:09 >>MIKE SUAREZ: No one has contacted you from
03:14:11 administration?
03:14:12 >>MARTIN SHELBY: No.
03:14:12 >>MIKE SUAREZ: And Mr. Territo, I put it on you only as a
03:14:15 member of the legal department.
03:14:16 Has there been any discussion by the administration
03:14:19 concerning the makeup of a potential review commission?
03:14:22 >>SAL TERRITO: Not to my knowledge.
03:14:23 >>MIKE SUAREZ: So that's another issue I think is going to
03:14:26 have to be talked about, if nothing else.
03:14:28 Not necessarily negotiated but mentioned.
03:14:31 So those are some of the things that I would like to see
03:14:33 changed as part of this.
03:14:35 I think that the objectives of it seem fine.
03:14:40 You know, I think that you have to revisit these things
03:14:42 periodically, like I said, on a ten year basis definitely.
03:14:47 And I think one other part of this, if you are going to make
03:14:50 it every ten years, I think that you start it -- if we start
03:14:53 it after the one-year period that we have, and then we need
03:15:00 to make sure that their work is done prior to and enough
03:15:04 time to get onto the ballot.
03:15:06 So I would suggest that you would make that -- are you
03:15:11 talking about that now?
03:15:13 Terrific.
03:15:13 Go ahead.
03:15:13 >> Absolutely.
03:15:18 [Off microphone.] give or take a year.
03:15:23 Ideally a year.
03:15:24 No more if possible.
03:15:25 That language is in here.
03:15:27 The other thing is -- that has not been discussed was what
03:15:35 it would take for the recommendation of the CRC to get to
03:15:40 City Council.
03:15:41 Would it be a simple majority of a vote of the CRC?
03:15:45 Or would it be two-thirds of a vote?
03:15:48 That is also -- both choices are in here. With regard to
03:15:53 the kinds of things like the issue of how often the charter
03:15:57 should be reviewed.
03:15:58 That would be -- that would not necessarily be in this
03:16:02 discussion.
03:16:02 It would be when it comes back to City Council after the CRC
03:16:06 makes its report, City Council Make that decision, to your
03:16:10 satisfaction, depending on what the City Council wants in
03:16:14 order to be able to pass an ordinance to present to the
03:16:18 mayor.
03:16:18 >>MIKE SUAREZ: And I said to you privately and I will say
03:16:22 this to my colleagues, that I always believe in a two-thirds
03:16:25 vote in order to make these types of changes in anyway,
03:16:28 because that way, you essentially codify the vet open-proof
03:16:34 power to go forward on something.
03:16:38 I think it sends a signal to whoever the mayor is that the
03:16:41 council has made a decision based on the recommendations
03:16:44 from the CRC that they want these recommendations to go
03:16:46 forward, and the mayor will take the veto pen, whether or
03:16:49 not that particular mayor wants to take them up on it and
03:16:53 challenge as to whether or not that's going to work.
03:16:55 But having two-thirds sends that signal to the mayor that
03:16:58 this is something that probably will go forward regardless
03:17:02 of any kind of veto threat.
03:17:04 So I think it makes it easier.
03:17:06 I think it makes it cleaner.
03:17:08 It gives the signal to the mayor as to what the work of both
03:17:10 the CRC and that council at that time has.
03:17:13 >>MARTIN SHELBY: If that is the direction of council, that
03:17:16 would have to be in this resolution.
03:17:18 I would need that direction.
03:17:19 >>MIKE SUAREZ: Terrific.
03:17:20 And I will continue.
03:17:20 I apologize.
03:17:22 I wanted to get out my opinion on this.
03:17:24 Mr. Cohen --
03:17:25 >>HARRY COHEN: I want to make a comment on what you just
03:17:27 said, though, because I actually heard something different
03:17:30 from Mr. Shelby so I want to clarify that.
03:17:33 I understand what you were saying means that you think that
03:17:36 anything that would be voted on by council should have a
03:17:40 simple majority in order to go to the mayor if it involved a
03:17:45 charter change.
03:17:46 I think -- but what I heard Mr. Shelby say was what is the
03:17:52 vote of the charter commission to get it to where we would
03:17:56 consider it?
03:17:57 >>MIKE SUAREZ: I apologize, I wasn't clear about it.
03:17:59 I meant for both.
03:18:00 >>HARRY COHEN: You meant for both.
03:18:02 >>MIKE SUAREZ: I apologize.
03:18:03 >> [Off microphone.] the total membership of the charter
03:18:21 review commission excluding alternate.
03:18:22 I co-also put in there that the City Council will in order
03:18:27 to present an ordinance to the mayor, if it's council's
03:18:30 pleasure, to require two-thirds vote for that as well.
03:18:32 >>HARRY COHEN: And let me caution you, you better say 6 or
03:18:37 7 on the review board because if it's a nine-member board
03:18:40 the line between two-thirds is right between 6 and 7 and
03:18:44 it's not going to be clear what constitutes going forward.
03:18:46 >>MARTIN SHELBY: [Off microphone.]
03:19:00 >>MIKE SUAREZ: Okay.
03:19:01 Any other questions or comments?
03:19:03 Mrs. Montelione.
03:19:03 >>LISA MONTELIONE: [Off microphone.] we talked about March
03:19:10 22nd.
03:19:12 And I didn't speak because I was looking for it again,
03:19:15 because I don't see where it states that the individuals who
03:19:19 serve on charter review would be meet without compensation.
03:19:24 It is in there?
03:19:25 Did I miss it?
03:19:27 >>MARTIN SHELBY: In the draft? Yes, it is.
03:19:29 >>LISA MONTELIONE: Okay.
03:19:31 I was looking under the terms of members, and I didn't --
03:19:37 >> Section 4-C.
03:19:40 >>LISA MONTELIONE: Got it.
03:19:41 I'm sorry, I was looking at 5.
03:19:43 >>MARTIN SHELBY: For instance, as you said, everything in
03:19:50 2-B, 1-12 is directly verbatim taken from the facilitators
03:19:56 report.
03:19:56 >>LISA MONTELIONE: Of that needs to be clarified out.
03:19:59 >>MARTIN SHELBY: Per your motion I put in the verbatim.
03:20:03 If your direction is to clean that up I would be very happy
03:20:05 to do that.
03:20:06 The other last thing that I wanted -- no, I'll wait on that.
03:20:12 Okay.
03:20:12 >>MIKE SUAREZ: Any oats comments or questions on this
03:20:15 particular item?
03:20:17 Mr. Cohen, you did have that motion, if you could for the
03:20:21 sake of Mrs. Marshall.
03:20:24 >>HARRY COHEN: I'll restate it.
03:20:26 I made a motion that we formally ask be the administration
03:20:29 to include two things in the fiscal 2017 budget.
03:20:33 One is to roll over whatever is left of the $15,000 that was
03:20:38 allocated for this year for support services, and the second
03:20:43 item is that that allocation be made in next year's budget
03:20:50 as well.
03:20:50 >>MIKE SUAREZ: And we have a second by Mr. Maniscalco.
03:20:54 Is that correct, sir?
03:20:55 So we have a motion from Mr. Cohen.
03:20:57 I have a second from Mr. Maniscalco.
03:21:01 Mr. Territo wanted to say something.
03:21:03 Bull Mr. Miranda, do you want him to say it first?
03:21:07 >>CHARLIE MIRANDA: Mr. Chairman, I am not opposed to
03:21:10 spending some money but when we ask for money we don't even
03:21:12 know what the expenses are going to be.
03:21:14 So shouldn't you have a business plan to say here is what we
03:21:17 think it's going to cost, how much we need? We don't know
03:21:19 anything.
03:21:20 And we are asking give me the 15, give me the 11.
03:21:24 I don't understand a business proposal without just give me
03:21:27 the money.
03:21:27 >>HARRY COHEN: What I had in mind was at least the money
03:21:33 will be thereby in the budget.
03:21:34 In order for it to be spent I am would think it would
03:21:36 require another vote.
03:21:37 >>MIKE SUAREZ: I understand that, but we don't know
03:21:42 nothing.
03:21:42 We don't know -- what I read here --
03:21:47 >>HARRY COHEN: I think it's a placeholder.
03:21:50 >>CHARLIE MIRANDA: And paying a lot of money.
03:21:53 If you are going to have this once a month, you can prorate
03:21:55 it and find out your 15 and 11 is going to go to one
03:21:59 individual.
03:21:59 >>MIKE SUAREZ: And I think Mr. Cohen saying it's a
03:22:02 placeholder Mr. Territo?
03:22:04 >>SAL TERRITO: It's a procedural matter.
03:22:07 This is not the right place to do that.
03:22:09 You have a budget before you that was submitted to you.
03:22:12 It can't be changed unless you change it and the time is
03:22:19 September 7th.
03:22:19 It might be a short meeting again.
03:22:21 That September 7th hearing where the public is all
03:22:24 present for it.
03:22:25 It's your budget.
03:22:26 You make the suggested change.
03:22:29 Between first and second reading that's where it gets done.
03:22:32 That's how we did it last year.
03:22:34 But you are putting everybody own notice by doing it now and
03:22:37 I get that.
03:22:37 >>HARRY COHEN: I will amend the motion and do it the way
03:22:41 you ask but now everyone is on notice that this is the
03:22:43 motion that's going to be made, whether it passes or not,
03:22:47 that the staff is now on notice that we are going to request
03:22:51 this additional money.
03:22:51 >>MIKE SUAREZ: We are back to the only motion.
03:22:56 Are you rescinding the motion?
03:22:58 Okay.
03:22:58 We have rescinded the motion.
03:22:59 Mrs. Marshall, you got that.
03:23:02 Terrific.
03:23:03 Any other comments, questions, motions to go forward tore
03:23:05 Mr. Shelby to give him some clarity?
03:23:08 >>LISA MONTELIONE: Well, yes, I make the motion to have Mr.
03:23:11 Shelby come back with a revised ordinance -- I'm sorry,
03:23:18 revised resolution addressing some of the issues that we
03:23:21 discussed here today, the ideas of the chair, myself, Mr.
03:23:26 Reddick and everybody else.
03:23:27 >>MIKE SUAREZ: Motion from Mrs. Montelione.
03:23:29 I have a second from Mr. Maniscalco.
03:23:31 Are you -- are you understanding the motion, sir?
03:23:34 >>MARTIN SHELBY: Absolutely.
03:23:34 >>MIKE SUAREZ: Terrific.
03:23:35 All in favor of that motion indicate by saying aye.
03:23:37 Any opposed?
03:23:38 Okay.
03:23:38 >>LISA MONTELIONE: Do we need a date?
03:23:42 >>MIKE SUAREZ: Yes.
03:23:42 What's the date?
03:23:44 Do you know when you want to come back?
03:23:46 >>FRANK REDDICK: [Off microphone.] I would make a motion as
03:23:53 well ...
03:24:00 >>LISA MONTELIONE: I can make that motion but I won't be
03:24:02 here then.
03:24:03 >>MIKE SUAREZ: If I could, we were talk about this earlier
03:24:07 that November 17th is very possible that we are going to
03:24:09 be down Mrs. Montelione and not having a new member selected
03:24:16 yet.
03:24:16 >> If there's a runoff.
03:24:17 >>MIKE SUAREZ: I think it might be best to do it sooner
03:24:20 either in November, on the 3rd, in October --
03:24:25 >>LISA MONTELIONE: The 20th?
03:24:26 >>FRANK REDDICK: [Off microphone.]
03:24:40 >>MARTIN SHELBY: To come back with language is not a
03:24:42 concern.
03:24:42 The concern that I shared with Mr. Reddick -- and I perhaps
03:24:46 shared it with other council members -- is this discussion
03:24:49 can be easily confused with what's going to be on the ballot
03:24:53 this November, which is a significant -- well, significant
03:24:58 thing that City Council is placing on the ballot for voter
03:25:02 consideration.
03:25:02 I don't want this to you purpose or confuse the subject
03:25:06 matter that the voters are going to be dealing with in
03:25:08 November to ensure that you get it.
03:25:13 >>MIKE SUAREZ: I think the solution is somewhere in the
03:25:16 middle.
03:25:16 And if I could, Mr. Reddick, I think it would probably be
03:25:20 December 15th, which takes it out of the November
03:25:23 election cycle, and at the same time hopefully we will have
03:25:26 a member of council to replace you, Mrs. Montelione.
03:25:29 >>LISA MONTELIONE: Replace?
03:25:32 (Laughter).
03:25:33 >>MIKE SUAREZ: I apologize.
03:25:34 Not replace you.
03:25:37 To take your seat.
03:25:38 >>LISA MONTELIONE: Thank you.
03:25:39 >>MIKE SUAREZ: You're welcome.
03:25:40 >>LISA MONTELIONE: May I?
03:25:43 Conversely, because I would like to be part of this
03:25:45 discussion, if we do it early enough that it's not confused
03:25:50 with what's going on in November, then that would also solve
03:25:53 the problem.
03:25:54 And as Mr. Shelby says, language may not be a problem
03:25:57 because I think we were pretty clear, and most of it is
03:26:00 already written.
03:26:02 Cop we have it back on September 15th?
03:26:08 >>MIKE SUAREZ: I think that is up to council.
03:26:10 That is a motion from you --
03:26:13 >>LISA MONTELIONE: It seems that's early enough write don't
03:26:15 think people would be confused.
03:26:16 >>MARTIN SHELBY: Consideration, though, and I just want to
03:26:20 raise it now because you raise it, Mr. Chairman, and it's a
03:26:24 very good point.
03:26:24 The way this is structured now is that Tampa commission does
03:26:30 not begin its work until -- within 30 days after
03:26:33 appointment.
03:26:35 The report to you, the way it's set here now, does not get
03:26:40 to you until the first regular meeting in March of 2018.
03:26:46 Which then still gives you many months before you have to
03:26:51 create the ordinance, have it presented to the mayor, and
03:26:55 then give it timely to the supervisor of elections to put on
03:26:58 the ballot in November 2018.
03:27:00 So there is no rush for appointment.
03:27:01 Certainly the language we can get it all up and ready to GOP
03:27:04 when the time comes.
03:27:05 >>MIKE SUAREZ: Sure.
03:27:07 >>LISA MONTELIONE: We are just talking about the resolution
03:27:08 right now.
03:27:09 So have the resolution come September 15th and then the
03:27:12 rest can be worked out.
03:27:14 >>MIKE SUAREZ: So do we have a second inform her motion to
03:27:17 bring it back under staff reports on September 15th,
03:27:20 correct?
03:27:20 >>LISA MONTELIONE: Yes.
03:27:21 >>MIKE SUAREZ: Is there a second?
03:27:22 I have a second from Mr. Reddick, motion by Mrs. Montelione.
03:27:29 All in favor?
03:27:31 Any opposed?
03:27:32 Okay.
03:27:34 I'm sorry, go ahead, sir.
03:27:35 >>FRANK REDDICK: [Off microphone.] and that is section 7 of
03:27:45 this resolution.
03:27:46 And basically what I want to do is ask Mr. Chairman to meet
03:27:50 with the legal department, the chief of staff, as well as
03:27:54 the clerk's office, to determine the language pertaining to
03:28:00 section 7, that would be pertinent to the discussion for
03:28:06 charter review.
03:28:08 >>LISA MONTELIONE: Second.
03:28:10 >>FRANK REDDICK: And report back on --
03:28:13 >> The 15th 123-4678 so you won't me to report back on
03:28:16 that particular motion.
03:28:18 So we have a motion by Mr. Reddick.
03:28:20 We have a second from Mrs. Montelione.
03:28:22 All in favor of that motion please indicate by saying aye.
03:28:24 Any opposed?
03:28:26 Okay.
03:28:27 Thank you.
03:28:27 That's it?
03:28:29 Terrific.
03:28:29 We are on item number 109.
03:28:32 It is charter review day today.
03:28:34 >> Christy Hamilton, assistant city attorney.
03:28:54 You asked to bring forward an amendment to the lobbying
03:28:58 provisions.
03:28:59 You were provided with a draft yesterday.
03:29:05 Revisions were to amend the definitions of lobbyist and
03:29:08 lobbying to be consistent with that of Hillsborough County,
03:29:11 ordinance number 16-1, which was recently instituted at the
03:29:17 county.
03:29:22 City personnel.
03:29:23 We did not have definition of effective personnel which has
03:29:30 now been provided to you along with a list of persons that
03:29:33 would be affected by this in the city.
03:29:35 That list will be amended once you decide what ordinance you
03:29:39 would like to adopt.
03:29:41 And it will be by title preferably so that as people change
03:29:46 the titles would still remain there, and technology and
03:29:50 innovation could address it with the individual members that
03:29:55 would serve these positions.
03:29:59 The third criteria was to -- let's see, to work with the
03:30:05 technology and innovation department, to create this list
03:30:09 and also for a registration of lobbyists so we could head in
03:30:13 the right direction.
03:30:16 I met with Sarah Lang, ethics officer.
03:30:19 We have met with counselors and also Don Taylor, the
03:30:25 individual that will be instituting this.
03:30:27 It's probably a little more complicated than we thought it
03:30:30 might be.
03:30:31 But I don't think it's an undoable process.
03:30:35 But it is going to be dependent upon what you determine.
03:30:42 I will tell you that as far as the registration, we did have
03:30:45 a little bit of difficulty as far as registering it through
03:30:48 the county.
03:30:50 If you go to the county's website, when the lobbyist
03:30:54 registers, there is a sign-up that says they verify they
03:30:58 have read and understand the ordinance -- the county's
03:31:02 ordinance.
03:31:03 So identical which it cannot be which we have the ethics
03:31:09 commission where the appellate process would go through our
03:31:12 commission, and then we have an ethics officer where the
03:31:15 enforcement -- so this is through the county attorney's
03:31:21 office.
03:31:22 And officer with the final determination through the county
03:31:28 commission.
03:31:29 So that's a different process.
03:31:30 >>MIKE SUAREZ: Let me interrupt you for a second.
03:31:32 Mrs. Montelione.
03:31:33 >>LISA MONTELIONE: Well, first I want to thank you all for
03:31:36 your work because you have been so patient through this
03:31:38 process, and it is going back and forth with the county,
03:31:42 it's been a little bit of a delay because of waiting for
03:31:46 them to decide but now we know where they are going with it.
03:31:49 You are right, we can't completely mirror the county and
03:31:54 adopt the county system.
03:31:56 But my original goal in bringing this up was to make it more
03:32:02 transparent, to make it easier and more consistent rather
03:32:08 than using the old-fashioned, you know, paper, sign-in,
03:32:14 spreadsheet and that sort of thing and to be able to have it
03:32:17 very transparent so individuals Go online and see who is
03:32:21 registered and who isn't.
03:32:23 So there were just a few changes.
03:32:25 And you mentioned the one that I had asked, and that is not
03:32:29 direct reference to you, but in the list that we were
03:32:32 provided, the effective person not by name but my title, and
03:32:37 also -- and this goes without saying that maybe it should be
03:32:40 noted that it would be reviewed with each reorganization of
03:32:45 department.
03:32:46 So if a new title is created or a title is changed, this
03:32:49 would be a living document that would be changed as a
03:32:53 reorganization occurs.
03:32:55 The other is just another language modification on page 4.
03:33:04 It's part of the definition of what relative means.
03:33:08 We need to add in domestic partner, because we have father,
03:33:12 mother, son, daughter, husband, wife, mother-in-law,
03:33:16 brother-in-law, sister in law.
03:33:18 We don't have domestic partners.
03:33:20 So I would like to have that reflected as well.
03:33:24 And also on page 47, we referenced January 1st of each
03:33:30 year, but lobbyists maybe don't know that they are going to
03:33:33 have an item that they are going to be lobbying on until
03:33:38 later in the year.
03:33:39 So I think instead of January 1st it should be prior to
03:33:43 engaging in lobbying activities.
03:33:45 So it's just a few, I think, minor language changes.
03:33:51 Everything else seems to achieve the goal that we were
03:33:54 looking for, and Mr. Helton is here to talk about any key
03:34:01 questions, technology and innovation issues that we may
03:34:08 have.
03:34:09 What I am hoping is to move into somewhat of a paperless --
03:34:12 I know when I go over to USF and I sign in, I sign in once,
03:34:18 fill out most of the information and every time I go there I
03:34:20 just start typing my name and it comes up and says is this
03:34:23 you?
03:34:24 And you have to verify an affidavit, but you can do it all
03:34:28 electronically right there on the little iPad.
03:34:30 >> Yes.
03:34:33 I went to see what the county had.
03:34:35 I went to see what they have in other places.
03:34:37 And clearly that kind of technology is possible.
03:34:40 Understanding what it is you guys want and the degree to
03:34:44 which you want it integrated with all the departments, is
03:34:47 the complicated part.
03:34:48 So --
03:34:52 >>MIKE SUAREZ: I take it does not automatically fill in
03:34:54 your name.
03:34:55 >> No.
03:34:57 And those names --
03:35:03 >>MIKE SUAREZ: Your name.
03:35:05 (Laughter).
03:35:05 >> I thought you were talking about --
03:35:09 >>MIKE SUAREZ: Some good comedy.
03:35:11 Thank you, sir, go ahead.
03:35:13 >> Russell Haupert, CTO for the city of Tampa.
03:35:20 So basically there's a lot of funding that you have to do
03:35:23 depending on the expense of what you guys have to do, and
03:35:25 once you figure out what you are looking for, then I can sit
03:35:29 down with our staff and say, okay, what can we do in version
03:35:33 1, what can we do in version 2, and then work on what that
03:35:36 proposal will look like for you guys.
03:35:38 Okay.
03:35:38 So, again, the biggest impediment for us is of course when
03:35:45 we have to share information with another entity, and how we
03:35:50 get that information back and forth and under what
03:35:53 circumstances that happens.
03:35:55 If we rely only on our own information, here inside the
03:35:59 city, then it makes things a little bit easier for us.
03:36:02 Again depending on what your aims are, the scope of it will
03:36:06 change.
03:36:07 And by scope, of course, in I. T. we mean cost, and we'll
03:36:14 go from there.
03:36:15 Again as soon as you guys get things settled we'll keep
03:36:17 touch with the folks and we'll start questioning what we can
03:36:20 do.
03:36:20 >>LISA MONTELIONE: So if I give you, I think, what we all
03:36:23 talked about, the end game, is an electronic sign-in in the
03:36:30 reception area of these departments that these individuals
03:36:33 are named on this list, and then the ability of that
03:36:40 information to be accessible online on our TampaGOV website
03:36:49 where you can go to ethics officer page and click lobbying,
03:36:54 and then the list of lobbyists who are registered would come
03:36:57 up.
03:37:00 That's the end game.
03:37:01 So how do we get there?
03:37:03 >> Yes, that is technically possible.
03:37:05 Again depending on the details, I work that out with the
03:37:11 folks behind the scenes, because doing it up here while I'm
03:37:13 under oath is hard.
03:37:21 >>LISA MONTELIONE: And hopefully if we pass this, then we
03:37:24 would ask you --
03:37:25 >> Traditionally, that's where our work starts.
03:37:29 We'll do a little bit of scoping to get an idea of what it
03:37:33 takes, what would the equipment cost, how much time would it
03:37:35 take to do the software, what are the features that we have,
03:37:39 and then we can --
03:37:40 >>LISA MONTELIONE: So I can ask you to come back at a time
03:37:42 certain in the future to make that report?
03:37:44 >> Certainly, ma'am.
03:37:45 >>LISA MONTELIONE: Thank you.
03:37:46 >>MIKE SUAREZ: Any other questions at this time?
03:37:48 I have a couple comments concerning a particular issue.
03:37:52 And I think kind of the model for me is the way they do
03:37:57 state registration, lobbying.
03:38:00 And sometimes we don't know, and someone may be connected to
03:38:04 another company.
03:38:05 That might be put in business before us, and there are ways
03:38:11 in which you might be associated with a lobbying firm or not
03:38:14 be associated with them.
03:38:15 And I think the impetus of why we started this -- Mrs.
03:38:20 Montelione, correct me if I am wrong -- some of the things
03:38:22 that happened because of GoHillsborough and there was an
03:38:27 individual who may have been representing someone but really
03:38:29 wasn't registered as a person -- as a lobbyist.
03:38:32 I think that those connections need to be clear so that
03:38:35 whenever you are, you know, you are connected with a firm,
03:38:39 it should be in there.
03:38:42 I think that our T&I department can come up with something
03:38:46 very simple, drop-down menus.
03:38:49 I know when I go to visit my child's school, I swipe my
03:38:52 license, and it brings up my name, and then it says are you
03:38:55 visiting? Are you here to help as a volunteer?
03:38:58 Whatever it may be.
03:38:59 It's a pretty simple thing.
03:39:02 All you have to Don is say I'm a lobbyist.
03:39:04 Then write in the name of the company that you represent, or
03:39:06 the firm that you represent.
03:39:08 And, in fact, you can have two boxes.
03:39:10 One is the company that you work for, and, two, the company
03:39:14 that you represent that you are going to see that person did
03:39:17 B.
03:39:17 I think that's a pretty simple thing so members of the
03:39:21 press, members of the public know exactly who we are meeting
03:39:24 with at any one time.
03:39:25 I think that will save us a lot of time and money on public
03:39:29 records requests from other people.
03:39:31 It will make it easier for all of us because I know that our
03:39:35 legal department, our council attorney and everyone else in
03:39:39 the department has a problem when we have to start digging
03:39:42 through everything that needs to be done.
03:39:44 Now that doesn't include some of the private communications
03:39:46 concerning texts or other e-mails to private accounts.
03:39:50 That's a little different.
03:39:52 But I think this is something that is definitely what we
03:39:55 have to look for, and put forward.
03:39:58 Yes, ma'am?
03:39:59 >> [Off microphone.]
03:40:05 >> I understand that.
03:40:07 I'm saying it's a little more difficult --
03:40:10 >>LISA MONTELIONE: [Off microphone.]
03:40:12 >>MIKE SUAREZ: I know.
03:40:13 I was trying to get him off the hook for getting private
03:40:16 communications listed, too.
03:40:17 Any other questions or comments or discussion about be this
03:40:20 particular item?
03:40:24 Go ahead, sir.
03:40:25 >>MARTIN SHELBY: If I may make a suggestion.
03:40:28 And Mrs. Hamilton Address this.
03:40:30 Do you need specific direction to come back with a draft of
03:40:33 changes that were discussed today?
03:40:35 >> Well, yes.
03:40:42 Sarah Lang, employee relations manager, human resources
03:40:46 department.
03:40:47 Part C was asking me to report when the next ethics
03:40:51 commission meeting is.
03:40:52 And I think it relates to your discussion as well.
03:40:55 And their next commission meeting has been scheduled for
03:40:59 August 30th at 3:00.
03:41:01 Depending on what happens today.
03:41:03 We certainly did plan to put this on your agenda and provide
03:41:06 copies of the material.
03:41:08 And I think that council would be very interested to hear
03:41:10 what their review of the proposed ordinance is.
03:41:14 And we essentially ask that you do receive their comments.
03:41:20 >>MIKE SUAREZ: Okay.
03:41:22 Did you want to make it to come back on a specific day?
03:41:27 >>LISA MONTELIONE: Yes.
03:41:27 I would direct Mrs. Hamilton to incorporate the changes as I
03:41:34 have requested or suggested, and I can provide -- I think my
03:41:39 aide has already provided them to her so she has those.
03:41:42 And that we come back --
03:41:46 >>MIKE SUAREZ: September 15?
03:41:47 >>LISA MONTELIONE: We will do September 15th.
03:41:49 It will be just the same thing.
03:41:52 A mirror image.
03:41:53 Under staff reports.
03:41:54 >>MARTIN SHELBY: September 15 is after August 30th so
03:41:58 the question is do you then authorize her to give the draft
03:42:00 that she's going to prepare with council as opposed to the
03:42:05 draft that you have already been provided that don't have
03:42:07 the changes yet?
03:42:08 >>CHAIRMAN: I would authorize the draft as has been
03:42:11 requested with the changes be provided to the ethics
03:42:14 commission so that they are reviewing the most recent
03:42:17 document, and then their comments and discussion be relayed
03:42:24 back to us on the 15th.
03:42:25 >>MIKE SUAREZ: We have a motion from Mrs. Montelione, a
03:42:29 second from Mr. Cohen.
03:42:30 Any questions or comments from council?
03:42:33 All in favor of that motion please indicate by saying aye.
03:42:35 Any opposed?
03:42:37 Yes, ma'am.
03:42:37 >> Sarah Lang: You are giving the commission 15 days and
03:42:42 one meeting to receive this, and then they have a very full
03:42:46 agenda.
03:42:46 They may want to have some meetings, I presume if they are
03:42:51 not ready that they will notify council that they are still
03:42:55 reviewing it.
03:42:56 >>MIKE SUAREZ: That's okay.
03:42:59 We'll assume of that we will give them something more
03:43:02 substantive to talk about after September 15th.
03:43:06 >> Okay, okay.
03:43:07 >>MIKE SUAREZ: It may not be something that you have to
03:43:10 agree to right away, but it is something we want them to
03:43:13 look at the draft so that they can make their
03:43:15 recommendations to us so that we can go forward.
03:43:17 >> Understood.
03:43:20 Thank you very much.
03:43:21 >>MIKE SUAREZ: And nice to see you.
03:43:23 I don't get to see you very much anymore.
03:43:27 >> It's very easy.
03:43:28 I'm across.
03:43:29 >> I know.
03:43:30 The next item is 110.
03:43:33 Last on the scorecard but first in our hearts.
03:43:38 >>JUSTIN VASKE: Assistant City Attorney. Council had
03:43:40 requested that the legal department provide an ordinance to
03:43:44 amend the ethics code of the city of Tampa to contain a
03:43:47 whistleblower provision such that it's in the executive
03:43:50 order that was referenced.
03:43:51 Before you is a copy of the memo that explains the ordinance
03:43:55 as well as the ordinance, and I am here to answer any
03:43:58 questions on the ordinance.
03:43:59 >>MIKE SUAREZ: Any questions from council?
03:44:03 Mr. Reddick.
03:44:08 Are you yielding back over here?
03:44:10 >>LISA MONTELIONE: Go right ahead.
03:44:11 >>MIKE SUAREZ: Let's play tennis.
03:44:13 Your turn.
03:44:14 >> Your turn.
03:44:14 Thank you for that.
03:44:16 Go ahead.
03:44:17 >>FRANK REDDICK: I would say two observations from
03:44:21 reviewing this.
03:44:22 And one, that on page 2, it states that the ethics officer
03:44:32 shall be designated as the appropriate local official under
03:44:37 state law.
03:44:40 Who is the local official?
03:44:44 >>JUSTIN VASKE: We are going to designate Sarah Lang as the
03:44:48 local official.
03:44:48 >>FRANK REDDICK: Okay.
03:44:56 On page 3, please explain this to me, item number C,
03:45:07 completion of any investigation, his or her report to the
03:45:15 city attorney for review and approval.
03:45:17 Why should the city attorney approve the report?
03:45:22 >>JUSTIN VASKE: Well, I think the thought process in that
03:45:25 was that the city attorney would make sure that all the
03:45:28 procedures were followed, there is probable cause there.
03:45:33 Our office felt they should be involved to look at that
03:45:38 report.
03:45:39 Now approval that might be too strong a word, but we still
03:45:42 need to review that.
03:45:43 >> I think it's too strong a word because you have someone,
03:45:48 a whistleblower, filing a complaint, and that person is a
03:45:52 city employee, and you get the report going to the city
03:45:56 attorney, and that person has got to approve it.
03:46:04 Wouldn't it make a difficult case for the whistleblower to
03:46:06 move forward in the appeal process, especially when you have
03:46:10 got the local officials if they are also a city employee,
03:46:21 and if I am a whistleblower and here I am, the city attorney
03:46:26 approves it, and then what are my rights of appealing, the
03:46:31 highest legal representative of city government signing off
03:46:34 on this and approve it, then how do I appeal?
03:46:38 So it just don't sit right with me.
03:46:42 With that word city attorney got final approval.
03:46:47 >>JUSTIN VASKE: First of all, everything is confidential.
03:46:49 Second of all if council were to direct me to delete that --
03:46:53 >>FRANK REDDICK: Nothing is confidential but reading in the
03:47:00 paper, all that leaking going up in Washington?
03:47:02 Somebody is going to leak.
03:47:04 Okay.
03:47:04 So it's not confidential.
03:47:07 >>MIKE SUAREZ: You have been on this earth too long.
03:47:11 What I would suggest, Mr. Reddick, I think that you can word
03:47:14 that a little bit differently which is only, you know, it
03:47:19 might be reviewed by the city attorney for procedural issues
03:47:23 only.
03:47:24 And maybe it's something like that.
03:47:32 Form not substance to the particular complaint.
03:47:34 And as mentioned in the document, it is confidential.
03:47:39 They as a legal officer cannot, or are not supposed to leak
03:47:46 any information or else they could be in trouble with the
03:47:48 Bar Association if I am not mistaken.
03:47:49 My guess is we could put that in there, and I think all they
03:47:54 have to do, what we are trying to do in terms of being able
03:47:58 to come forward with a complaint.
03:47:59 Nothing more.
03:48:00 >> That sound good to me.
03:48:04 >>MIKE SUAREZ: I'm sorry.
03:48:06 Mrs. Montelione?
03:48:06 >>LISA MONTELIONE: Along those same lines I was thinking
03:48:10 report to the city attorney for review and recommendation
03:48:14 might be more appropriate.
03:48:17 So they are involved, but they are not approving or denying.
03:48:25 They are just recommending.
03:48:30 >>MIKE SUAREZ: I think recommending might be a little too
03:48:32 strong because then they get in the middle of it.
03:48:35 They should be totally impartial.
03:48:36 >> Approving a legal decision.
03:48:43 >>LISA MONTELIONE: There you go.
03:48:44 >>MIKE SUAREZ: I think our legal eagle should be able to
03:48:48 figure that out.
03:48:49 >>LISA MONTELIONE: Legal sufficiency.
03:48:50 But thank you, members, for this because in what we have
03:48:55 been sitting here for five years, and all of what we have
03:49:03 heard and publicly and privately, there is a need for us to
03:49:09 shore up our whistleblower provisions.
03:49:11 And I am just really happy that we can bring this forward
03:49:17 and have our employees protected understood any
03:49:21 circumstance.
03:49:26 So if there is not any further discussion, I will ask that
03:49:30 we make the changes as requested, and then bring this back
03:49:33 again on September 15th.
03:49:35 >>MIKE SUAREZ: Okay, any other questions?
03:49:37 >>LISA MONTELIONE: As a first reading, under staff reports.
03:49:41 That's a motion by Mrs. Montelione.
03:49:45 Mr. Shelby, off question?
03:49:46 >>MARTIN SHELBY: Well, you want it under staff reports?
03:49:50 >>LISA MONTELIONE: First reading.
03:49:52 >>MARTIN SHELBY: I want to be clear because under first
03:49:54 reading, this being legislative, it would not be for public
03:49:57 hearing the first time.
03:49:58 Would you want to have a discussion prior to your reading
03:50:00 it?
03:50:05 >>LISA MONTELIONE: We just asked for one change.
03:50:07 >>MIKE SUAREZ: As long as we are going forward, Mrs.
03:50:10 Montelione, the motion is it would come back for first
03:50:13 reading.
03:50:14 >>LISA MONTELIONE: On September 15, with Tampa document as
03:50:16 presented, with the exception of --
03:50:21 >>MIKE SUAREZ: The changes recommended?
03:50:23 >>LISA MONTELIONE: On page 3 for review as to legal
03:50:27 sufficiency, except to take out "approval."
03:50:33 >> I would like to add "or in case I find any typos."
03:50:39 >>LISA MONTELIONE: And thinking about this now, again, as I
03:50:46 said in the last document, or the last item, if there's a
03:50:50 reorganization, and we no longer have an ethics officer, or
03:50:54 the title changes, I would like the language to be fluid as
03:50:59 to that change.
03:51:01 Because we are not necessarily going --
03:51:03 >>MIKE SUAREZ: I think it's state law if I am not mistaken.
03:51:06 >> Well, they are designating a local official under state
03:51:09 law.
03:51:10 >>LISA MONTELIONE: And then document the ethics officer.
03:51:15 >>MIKE SUAREZ: I think it probably meets legal sufficiency
03:51:18 the way we have it. If we have to change it because we
03:51:20 don't have an ethics officer anymore.
03:51:24 >>MARTIN SHELBY: It would also require, Mr. Chairman,
03:51:26 change to your whole code of ethics because the code of
03:51:30 ethics makes reference to ethics officer.
03:51:32 >>LISA MONTELIONE: Okay.
03:51:33 >>MIKE SUAREZ: Mrs. Marshall, are we clear to what the
03:51:36 motion is?
03:51:37 Do we have a second?
03:51:38 I have a second from Mr. Cohen.
03:51:39 All in favor of that motion by Mrs. Montelione please
03:51:42 indicate by saying aye.
03:51:43 Any opposed?
03:51:45 Thank you.
03:51:46 Anything else, council?
03:51:48 Thank you.
03:51:49 All right, information reports and new business by council
03:51:51 members.
03:51:52 Mr. Miranda.
03:51:52 >>CHARLIE MIRANDA: Thank you very much.
03:51:55 I would just like to have the next month or two to bring us
03:52:01 up to date on the type of chemicals that we are using.
03:52:05 I am reading some articles that are not too healthy to read
03:52:09 when they say that the state is going to change the law to
03:52:13 different types of chemicals that may cause cancer and other
03:52:16 things.
03:52:16 And I want to make sure that the City of Tampa does not do
03:52:19 what the state wants, the limits of some amounts in million
03:52:27 or billion gallons, and that we don't change that.
03:52:30 >>HARRY COHEN: I'll second for September 1st.
03:52:32 >>MIKE SUAREZ: I have a motion by Mr. Miranda.
03:52:35 I have a second by Mr. Cohen.
03:52:36 >>CHARLIE MIRANDA: And I'll explain.
03:52:39 >>MIKE SUAREZ: All in favor of that motion indicate by
03:52:42 saying aye.
03:52:42 Any opposed?
03:52:43 Mr. Miranda, anything else?
03:52:44 >> That's it, sir.
03:52:45 >>MIKE SUAREZ: Mr. Reddick.
03:52:46 >>FRANK REDDICK: Yes, two items.
03:52:48 One, request than a commendation for the Belmont Heights
03:52:51 little league all star team, a documentary coming up next
03:53:06 weekend.
03:53:07 They are requesting a commendation.
03:53:09 >> Second.
03:53:10 >>MIKE SUAREZ: We have a motion from Mr. Reddick.
03:53:12 Mr. Miranda high pressure already seconded it.
03:53:14 All in favor of that motion?
03:53:16 Any opposed?
03:53:17 >>FRANK REDDICK: And just a recent study being concluded
03:53:25 about body cameras worn by police officers, and I am going
03:53:29 to ask the Chief Ward or his deputy to come and give to
03:53:34 council a report of the study that was just complete board
03:53:36 of director body cameras, and ask for a staff report on
03:53:41 August 25th.
03:53:41 >> Second.
03:53:43 >>MIKE SUAREZ: Motion by Mr. Reddick.
03:53:44 I have a second from Mr. Cohen.
03:53:46 All in favor of that motion?
03:53:48 Any opposed? Thank you.
03:53:50 >> That's it.
03:53:51 >>MIKE SUAREZ: Mr. Cohen.
03:53:52 >>HARRY COHEN: Well, I would like to congratulate our
03:53:55 procurement department and Mr. Greg Spearman and all the
03:53:59 wonderful people that work there.
03:54:00 We have won the 2016 annual achievement of excellence in
03:54:04 procurement award.
03:54:05 We are one of only 23 agencies in the State of Florida.
03:54:09 72 cities in the United States and Canada received the
03:54:12 award.
03:54:12 And it is the 10th consecutive year since the City of
03:54:16 Tampa procurement department has been so recognized.
03:54:20 Congratulations.
03:54:20 >>MIKE SUAREZ: Anything else, sir?
03:54:24 >>HARRY COHEN: That's it.
03:54:25 Mr. Maniscalco.
03:54:26 >>GUIDO MANISCALCO: Nothing at this time.
03:54:28 >>MIKE SUAREZ: Mrs. Montelione.
03:54:29 >>LISA MONTELIONE: A public announcement.
03:54:31 >>MIKE SUAREZ: That's a surprise coming from you.
03:54:33 >>LISA MONTELIONE: I know.
03:54:34 This is August 6th, Saturday, August 6th, from
03:54:38 9 a.m. to noon.
03:54:40 At St. John's progressive MB church on ChipCO street.
03:54:47 The first 1,000 families will be provided free groceries as
03:54:51 part of the farm share program.
03:54:53 So I would invite all of those who need some fresh groceries
03:54:58 that they come out and get them.
03:55:04 And then the other two pieces are sad news.
03:55:10 I would like to express my condolences to the families of
03:55:13 the victims of last night's attack in north Russells square
03:55:18 in London.
03:55:19 I believe being reported currently are six victims, five
03:55:23 injured, one dead, and the woman that was killed last night
03:55:26 search a Florida State University professor by the name of
03:55:30 Darleen Corton.
03:55:33 Our thoughts and prayers are with her family.
03:55:36 And what's making a lot of news around these parts is an
03:55:42 incident that occurred at Busch Gardens.
03:55:47 I'm wearing my pink in support of it and the gentleman who
03:55:50 was here this morning was from Busch Gardens also wearing
03:55:53 pink in honor of Pinky the Flamingo.
03:55:56 I would like to express my condolences to the staff at Busch
03:55:59 Gardens who, she was critically injured by a patron.
03:56:09 She was one of Busch Gardens ambassadors and featured in the
03:56:13 parks conservation program.
03:56:15 Her friendly demeanor made it possible to interact with
03:56:19 children, and back in the days, an employee of Busch
03:56:22 Gardens, the animal ambassadors teach children respect for
03:56:27 life, and unfortunately in the middle of the park in front
03:56:29 of groups of children, and patrons, pinky was murdered.
03:56:37 It's just a very sad statement of affairs in civility and
03:56:42 respect for life.
03:56:44 And although it may be cute with pinkie the Flamingo, it is
03:56:50 a very -- well, Pinky the flamingo is a cute name.
03:56:57 It's a sad indication of the lack of spending for human life
03:57:02 and animal life.
03:57:03 >>MIKE SUAREZ: Anything else?
03:57:06 >>LISA MONTELIONE: That is all.
03:57:07 >>MIKE SUAREZ: Could I get a motion to receive and file?
03:57:10 >> Pinky was a 19-year-old Chilean Flamingo.
03:57:15 >> I have a motion by Mr. Miranda.
03:57:16 I have a second by Mr. Reddick.
03:57:18 All in favor say aye.
03:57:19 Any opposed?
03:57:21 Is there anyone in the public that wishes to speak to this
03:57:23 council at this time?
03:57:24 Seeing no one, we are adjourned.
03:57:28 >> (Meeting adjourned.)
03:57:38
DISCLAIMER:
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.