Tampa City Council
Thursday, August 25, 2016
9 a.m. Session
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08:51:43 [Sounding gavel]
09:02:59 >> CHAIRMAN SUAREZ: Welcome to Tampa City Council.
09:03:01 The chair recognizes Charlie Miranda.
09:03:04 >>CHARLIE MIRANDA: It's my honor this morning to welcome
09:03:09 Bishop Tom Scott.
09:03:11 Bishop Scott has been pastor of the children of God.
09:03:19 He's been married for 38 years.
09:03:22 His wife for 45.
09:03:24 Because married to a Bishop you really have to work hard at
09:03:28 the house.
09:03:30 He's always tending to somebody else's problems and we
09:03:34 welcome that.
09:03:35 He has two sons, one daughter, and 12 grandchildren.
09:03:39 Honorable member of the Tampa police department.
09:03:41 But beside all of that, Bishop Scott has been a friend of
09:03:45 this city and he's done an outstanding job.
09:03:58 He always has my sit to his left.
09:04:04 And I welcome him and pastor Bishop Scott gives the
09:04:08 invocation.
09:04:08 I would ask Steve Michelini to give a history of the passing
09:04:18 of pastor Monsignor Higgins.
09:04:21 >> Reverend Tom Scott: To my good friend, thank you very
09:04:28 much for that wonderful introduction.
09:04:29 It's an always pleasure to come and ask God's blessings upon
09:04:34 our nation and upon the work that you do that's so
09:04:36 important.
09:04:37 And because I have served with many of you, recognize that
09:04:42 you have a lot on your plate and today we ask God's
09:04:45 blessings upon you and also remembering Monsignor Higgins
09:04:48 who was a legend and giant in his own rite in this
09:04:52 community.
09:04:52 Shall we pray?
09:04:53 Father, we are always reminded of what you instruct us to do
09:04:58 and that is to acknowledge you in all of our ways and so
09:05:04 today we pause to recognize you and your greatness and what
09:05:07 you have done for us as a nation, as a country.
09:05:11 Today, we are one of the greatest nations in the world and
09:05:17 we thank you inform democracy, freedom, justice, and
09:05:19 equality for all.
09:05:21 We thank you for such a great nation.
09:05:22 We pray now that you bless our leaders and those in
09:05:26 Washington, those in Tallahassee, and then our city leaders
09:05:29 today, we pray for this City Council as they deliberate over
09:05:34 such challenging issues.
09:05:37 I pray today you give them wisdom, give them knowledge, give
09:05:41 them skills and ability to hear from the community.
09:05:45 Be with them as they make tough decisions today.
09:05:48 And then we pause to recognize Monsignor Higgins who was a
09:05:54 giant and who served this community well.
09:05:55 We pray for his family.
09:05:57 And we pray now for Italy, and the earthquake and the loss
09:06:02 of life.
09:06:02 We pray that you will bless them and strengthen them and
09:06:06 meet every need.
09:06:06 Thank you now for this country, this nation.
09:06:09 Thank you for those who protect us for freedom around the
09:06:13 world, and those who protect us here at home.
09:06:16 Our law enforcement officers, our fire rescue, we ask you
09:06:22 protect them day in and day out.
09:06:24 Cover them with your grace.
09:06:25 It is in your name that we pray.
09:06:27 Amen.
09:06:27 [ Pledge of Allegiance ]
09:06:47 >>STEVE MICHELINI: Good morning.
09:06:48 I'm honored and privileged to present this own behalf of
09:06:51 Monsignor Higgins.
09:06:52 Some 60 years ago a young Irishman arrived in Tampa and this
09:06:57 community was never the same since.
09:06:59 Monsignor Higgins was tirelessly planned and thought to
09:07:04 build Saint Laurence Parish.
09:07:08 Imagine the great Tampa Bay area without professional
09:07:10 sports, renowned public and private leaders, thousands upon
09:07:15 thousands of marriages, baptisms and funerals.
09:07:18 He walked with kings, presidents, world leaders, Popes,
09:07:22 senators, governors, yet never lost the common touch.
09:07:25 He filled the unforgiving minute with 60 seconds worth of
09:07:29 distance run.
09:07:30 His counsel was sought by many when times were good as well
09:07:32 as bad.
09:07:33 He saw the ebb and flow of prosperity and decline.
09:07:37 Tampa was chosen as his home.
09:07:41 No, the chose him and appraised him for all he has done.
09:07:46 A native son not by birth but by acclimation.
09:07:50 Monsignor Higgins was long believed that Tampa community
09:07:54 could and would be great.
09:07:56 Every breath of his was dedicated to his people in our
09:07:58 community.
09:07:59 Much has been accomplished and yet much remains to be done.
09:08:02 Who among us is ready to carry the banner, pick up the
09:08:06 torch, follow the path, and have the courage to lead and not
09:08:09 to follow?
09:08:10 The path ahead is not a life hearted or weak one.
09:08:14 It's not for the weak of spirit or weak of conviction.
09:08:17 By example, Higgins sought to build strong leaders by
09:08:20 example of dedication through moral courage.
09:08:23 It is with sincere and heartfelt gratitude that we mourn his
09:08:27 passing, recognize and applaud that spirit and urge --
09:08:31 encourage other itself to take up that spite, cherish it.
09:08:37 It is ours to win or lose.
09:08:38 It is for that reason that we honor Monsignor Higgins, a
09:08:41 person of great courage, compassion, wisdom, understanding,
09:08:45 who never judged regardless of the transgression.
09:08:47 He lifted up the downtrodden and welcomed the success of all
09:08:52 great and small.
09:08:53 Tampa has lost a visionary and leader in Monsignor Higgins.
09:08:57 He left us with this challenge.
09:08:59 Do more for your community than it asks of you.
09:09:02 Give more and take less.
09:09:04 Look to the future and make it better than the past.
09:09:07 Don't be afraid of failure.
09:09:08 Success is built upon it.
09:09:10 Be grateful for what you have.
09:09:13 So many others have less.
09:09:15 Never forget you can make a difference.
09:09:17 Maintain faith and courage.
09:09:18 They are fundamental elements that will sustain you.
09:09:21 Look for the best in others and you will find it in
09:09:24 yourself.
09:09:25 Strive for excellence instill hope, empower the right,
09:09:29 vanquish the wrong.
09:09:30 Thank you.
09:09:36 [ Applause ]
09:09:39 >>CHARLIE MIRANDA: Here.
09:09:48 >>YVONNE CAPIN: Present.
09:09:50 >>HARRY COHEN: Here.
09:09:54 >>GUIDO MANISCALCO: Here.
09:10:00 >>MIKE SUAREZ: Here.
09:10:01 We have a motion from Mr. Miranda to approve the memorandum
09:10:06 to the agenda.
09:10:07 All in favor? Any opposed?
09:10:09 Mrs. Capin.
09:10:10 >>YVONNE CAPIN: I just want to share a memory of Monsignor
09:10:14 Higgins.
09:10:15 When I was a very young teenager, we moved from Ybor to West
09:10:18 Tampa.
09:10:19 And he was recruiting for his new church there on Himes.
09:10:30 He knocked on the door and he asked my mother for Yvonne
09:10:35 LIMA.
09:10:36 That's my family name.
09:10:37 He came in and he sat down.
09:10:39 And I was amazed how does he know my name?
09:10:41 Of course I was baptized Catholic so they have all the
09:10:44 records.
09:10:44 And he wanted to see me because he came on my birthday,
09:10:48 which was August 30th.
09:10:49 He wanted to let me know that that was saint ROSA limba day.
09:10:56 And I said thank you.
09:10:57 And I'm glad my mother didn't know because my name would be
09:11:00 Rosa.
09:11:01 So I just want to share that.
09:11:02 He knocked on doors to bring people to his congregation.
09:11:09 So thank you for those words.
09:11:11 And I just wanted to share that little bit of my experience
09:11:14 with father Higgins.
09:11:16 >>MIKE SUAREZ: All right, the first item on the agenda is
09:11:19 our presentation and commendation to the Police Officer of
09:11:21 the Month.
09:11:22 And doing the honors is Councilman Charlie Miranda.
09:11:30 >>CHARLIE MIRANDA: Honorable members of Tampa City Council,
09:11:33 my pleasure this morning to present the police Officer of
09:11:35 the Month.
09:11:37 This month goes to detective Carroll Gene McClain.
09:11:41 Let me explain what I heard.
09:11:43 You know, chief, sometimes you have to have a helper.
09:11:48 You call it something else.
09:11:49 I call it a helper.
09:11:50 They tell me that you can undo anything and find out what
09:11:58 happens.
09:11:59 Is that correct?
09:11:59 That's why I don't use cell phones.
09:12:02 (Laughter)
09:12:03 I have to be honest, chief.
09:12:04 You have got to know the system.
09:12:06 You know what I mean?
09:12:08 It's a new paper trail.
09:12:10 But what you have done -- and I say this quite often -- we
09:12:13 can debate anyone, in this great country what they do with
09:12:19 the police department, and it takes 100th of a second
09:12:23 for you ladies and gentlemen to make a decision and that's
09:12:25 what life is about.
09:12:26 And I'm honored to say here that the City of Tampa has a
09:12:30 great police department, great leadership.
09:12:32 But it takes a portion of that police department to hold up
09:12:36 that leadership.
09:12:38 And I honor not only yourself today, sir, but all the police
09:12:41 department.
09:12:42 I turn it over now to the chief.
09:12:44 >> Chief: Thank you, Mr. Miranda.
09:12:48 Assistant chief Marc Hamlin on behalf of Chief Ward.
09:12:53 I'm happy to present to you detective Gene McClain, a 15
09:12:57 year veteran of the Tampa police department.
09:13:00 About 15 years ago began a task force worldwide not just in
09:13:04 the USA, and they had a lab here in Tampa Bay, and the
09:13:11 secret service requested our participation, and we
09:13:13 immediately selected detective McClain because of his
09:13:18 expertise and he was very eager.
09:13:20 He began training.
09:13:21 He took about nine highly technical level classes, and what
09:13:25 this does for us is previously we took the cell phone to the
09:13:28 state lab and the state lab is very busy, they handle all
09:13:31 the agencies in the state, and there was an extensive
09:13:34 backlog.
09:13:35 So Gene worked with our legal department and created the
09:13:38 forms that would authorize him to perform these exams on the
09:13:41 phone, and he also created a stand and search warrant form
09:13:44 that he would be able to use that had the specific language
09:13:47 that he could actually search the phone.
09:13:49 So he began training the detectives throughout the
09:13:52 department so they were aware of the capabilities we have
09:13:54 with this technology now.
09:13:55 And he was able to do a forensic exam and in less than a
09:13:59 month and it used to take us about nine months.
09:14:02 You can see what the value was.
09:14:04 Since the inception of the program, Gene has conducted over
09:14:07 120 forensic exams on these phones and help detectives
09:14:11 establish probable cause for arrest.
09:14:13 I couldn't even begin to tell you the amount of key cases we
09:14:16 solved quickly rather than long-term which saved a lot of
09:14:19 victims in the City of Tampa.
09:14:21 So in recognition of his outstanding work and the launching
09:14:23 of vital programs in the department and ultimately providing
09:14:26 better service to our citizens, detective Gene McClain has
09:14:29 been selected Officer of the Month for August 2015.
09:14:34 [ Applause ]
09:14:41 >> Vinny Gericitano with the PBA, and Gene Haines, Vice
09:14:55 President of the PBA.
09:14:58 Rosa mesh of the PBA, almost 1,000 police officers, do a
09:15:03 great job every day.
09:15:04 We are very proud of what he's done.
09:15:06 Gene, as a token of our appreciation, being a great PBA
09:15:10 member, I would like to give you a PBA watch, and thank you
09:15:14 very much.
09:15:15 >> I appreciate it.
09:15:17 Thank you.
09:15:17 >> Dan Mathis, Jr., chief of security with the Straz center
09:15:24 in Tampa.
09:15:25 On behalf of the Straz Center, I would like to present two
09:15:28 tickets to you and yours to one of our more entertaining
09:15:32 shows, the illusioner this season.
09:15:35 Thank you.
09:15:36 >> Joe Durkin on behalf of Bright House networks.
09:15:45 Congratulations.
09:15:46 Very proud of you.
09:15:49 I would like to present you with one month of complimentary
09:15:53 services to high speed Internet, make your life a little
09:15:56 easier.
09:15:57 >> My name is Karen Vargas, Busch Gardens Adventure Islands.
09:16:10 Thank you for serving us.
09:16:12 >> On behalf of the theater I would like to thank you and
09:16:22 appreciate all that you do.
09:16:24 We have ticket to a movie.
09:16:26 >> Thank you.
09:16:29 I appreciate it.
09:16:30 >> Stepp's towing service.
09:16:37 On behalf of Todd Stepp and the Stepps Towing family we
09:16:41 would like to present with you a $50 bass pro gift card and
09:16:46 a night out in our company limousine for you and your family
09:16:50 and friends.
09:16:50 Enjoy your night.
09:16:51 We appreciate everything you do.
09:16:53 Thank you for a job well done.
09:16:54 >> Frank DeSoto representing Bill Currie Ford and the Currie
09:17:03 family.
09:17:05 We are proud to be part of the program along with City
09:17:07 Council and the entire City of Tampa and the police
09:17:09 department, and congratulate you on a job well done.
09:17:14 We have for you a custom design high performance Mustang,
09:17:21 and we wish it could be the real thing but that's the best
09:17:24 we could do for now.
09:17:28 (Laughter)
09:17:30 >> Keith Stickley representing crock's towing, on behalf of
09:17:43 Scott towing a $50 gift card, and the Doubletree hotel, she
09:17:53 was unable to make it today but will make it up to you.
09:17:58 We appreciate it.
09:17:59 >>STEVE MICHELINI: Don't mess around with the super snoops.
09:18:05 Steve Michelini here on behalf of a couple different folks.
09:18:09 One is Prestige Portraits where you can go and have your
09:18:11 family portrait taken with them.
09:18:14 On behalf of the Ciccio's restaurant group, your choice,
09:18:20 breakfast, lunch or dinner.
09:18:22 On behalf of Byblos cafe, go enjoy yourself for dinner and
09:18:27 take the limousine and go have fun down there.
09:18:30 Then on behalf of yummy house China bistro they are going to
09:18:34 provide you with a gift certificate so you can enjoy
09:18:36 yourself as well for dinner or lunch, and we'll get that
09:18:39 gift card to you.
09:18:41 Thank you very much.
09:18:42 Congratulations.
09:18:42 And thank you for what you do for us.
09:18:44 >>CHARLIE MIRANDA: Do you want to do the presentation?
09:18:53 And this goes to detective, and do a lot of cell phones, and
09:19:00 if you don't talk so much are we are going to let you
09:19:02 address the council and what you do in the police department
09:19:05 and thanks again for everything you have done.
09:19:12 We thank you for all the crime that you help solve along
09:19:14 with the chief and everybody else.
09:19:16 We are very proud of you.
09:19:17 >> Thank you, sir.
09:19:18 I appreciate it.
09:19:19 >> First of all, I would like to thank the council, the
09:19:25 supervisors and staff of Tampa Police Department.
09:19:28 I am honored, and more so humbled by being selected.
09:19:32 Given the amount of daily effort by each one of our officers
09:19:36 at the Tampa Police Department, any one of them could be up
09:19:39 here right now for a multitude of different reasons
09:19:44 throughout each of their day.
09:19:45 I really appreciate this.
09:19:47 I look forward to continuing what I am doing.
09:19:50 And those who show the testament to the interaction we have
09:19:56 with our agencies here in the Tampa Bay area, having lived
09:19:59 and worked in other areas of the country, we have an
09:20:02 unprecedented relationship with our federal agencies here.
09:20:05 We work seamlessly together.
09:20:07 And we really enjoy the interaction and support that we get
09:20:10 from our partners.
09:20:12 So thank you very much.
09:20:13 I appreciate it.
09:20:16 [ Applause ]
09:20:17 >>MIKE SUAREZ: Thank you, officer.
09:20:20 Item number 2 is a presentation that Councilman Reddick will
09:20:33 introduce.
09:20:33 >>FRANK REDDICK: Thank you, Mr. Chairman.
09:20:35 I am pleased and honored to have with us today and give us a
09:20:40 presentation on the organization for the City of Tampa, West
09:20:45 Tampa, Dress for Success.
09:20:47 And three members that will come up and say a word or two.
09:20:57 Katie McGill, Judy Bensinger and Sally Lopez.
09:21:03 If they will come forward.
09:21:04 >> Good morning.
09:21:08 To the honorable council members, my name is Katie McGill,
09:21:11 the Executive Director of Dress for Success Tampa Bay.
09:21:15 First, I would like to thank you for the opportunity to use
09:21:18 the building in West Tampa.
09:21:20 Since 1998, Dress for Success has suited more than 12,000
09:21:26 women in the Tampa Bay area and surrounding communities.
09:21:29 Dress for Success gives business attire to women for a first
09:21:36 impression but we go beyond the suit.
09:21:38 If we can get our presentation up, please.
09:21:42 We go beyond the suit.
09:21:44 We have programs to help them get on track and stay on
09:21:48 track.
09:21:49 For example, we take them on tours to different companies to
09:21:53 be expose them to different work environments and different
09:21:56 companies.
09:21:58 We also provide a computer lab where they can get computer
09:22:01 training and resumé help.
09:22:04 Over 65% of the women participate in an employment program
09:22:09 called going places, gaining employment.
09:22:13 We have 65 women in our professional women's group.
09:22:19 This is our job.
09:22:22 We not only want them to get a job, we want them to keep the
09:22:26 job.
09:22:26 Because of the number of programs that we have, we really
09:22:31 have outgrown our building.
09:22:35 We could do so much more if we had more space.
09:22:38 Most of the programs that we have you are off-site due to
09:22:41 the lack of space.
09:22:43 And at the end of the day it's about job placement.
09:22:45 And these programs are needed to help these ladies get back
09:22:50 to work.
09:22:52 Our women provide service to our community.
09:22:59 They participate in a community action project, and some of
09:23:04 the women volunteer at camps, training cafe, and some of our
09:23:11 latest Dress for Success volunteers.
09:23:14 I am so thankful to be able to serve a wonderful and amazing
09:23:18 group of women in our Tampa Bay community.
09:23:21 And we could do so much more if we had the space.
09:23:23 Right now we have three dressing rooms, so we have to dress
09:23:27 three women at a time.
09:23:29 And we are really tight, because if we could suit more
09:23:34 women, we could go over the 12,000 that we have served since
09:23:38 1998.
09:23:39 When a woman walks through the door, the Dress for Success,
09:23:43 she's on a journey.
09:23:45 And now I have one of our board members to come up and talk
09:23:48 about the journey when she walked in the door of Dress for
09:23:51 Success.
09:23:52 Thank you.
09:23:52 >> Good morning, honorable council members.
09:24:01 I'm Judy Bensinger, board of director, community relations,
09:24:06 Dress for Success, Tampa Bay.
09:24:08 The women, the clients we serve, at Dress for Success, come
09:24:12 to us from tough challenging circumstances, homeless
09:24:17 shelters, substance abuse treatment programs, financial
09:24:21 crisis.
09:24:21 We take a personal yet professional approach with them.
09:24:24 Not only do we wrap our arms around them, we put our
09:24:28 programs to work for them.
09:24:30 I would like you to take a brief journey with me of the
09:24:33 women for Dress for Success on their road to
09:24:36 self-sufficiency and success.
09:24:41 The process begins when our clients are referred to us from
09:24:47 more than 100 agencies in the Tampa Bay area.
09:24:50 Many you will recognize because of the outstanding they do.
09:24:52 They include AARP, career source, Metropolitan Ministries,
09:24:57 Spring, and Dacco.
09:25:00 Prior to job interviews our clients come to us to be suited.
09:25:07 That's the next step.
09:25:09 The sitting appointments.
09:25:10 We provide clothing for them.
09:25:12 Business attire, and help put together a look that will give
09:25:15 them hope and style.
09:25:19 After the sitting from that point they move onto our first
09:25:22 impressions program, and this is a meeting where interview
09:25:25 preparation.
09:25:26 We have them work on job interviews with professionals who
09:25:33 come to Dress for Success and volunteer their time because
09:25:35 we know it's not just how they look but what they say and
09:25:38 how they communicate during their time with the perspective
09:25:42 employer.
09:25:42 The next step is GP, one of our signature programs.
09:25:47 In fact this program is made possible for us by a $2 million
09:25:50 grant that we received from the WalMart foundation one of
09:25:56 our corporate sponsors, a course that offers one on one
09:26:00 counseling, job training, professional skills, and then at
09:26:03 the end of that program they graduate, and they go on to get
09:26:06 jobs.
09:26:10 When they land the job, which is what this is all about,
09:26:13 they can come back to us for more suiting.
09:26:16 We offer several additional outfits for them that they
09:26:20 continue going to work.
09:26:22 At that point when they are employed, they are invited to
09:26:25 participate in our PW group, a very popular group,
09:26:29 professional women's group.
09:26:30 We expose our clients to working women who come and give
09:26:33 them advice, share their stories, their experiences, and
09:26:38 help them navigate their way through the working world.
09:26:41 Some of the topics they explore includes health and fitness,
09:26:45 budgeting and finance, business etiquette and how to
09:26:49 survive.
09:26:50 Dress for Success provides these programs to women because
09:26:54 we truly care.
09:26:56 And once we provided these resources, once we had a chance
09:26:59 to make an impact on their lives, we have a very high rate
09:27:02 of them achieving self-sufficiency, and that's what it's all
09:27:07 about.
09:27:10 As the business director explained we would like to have
09:27:12 more programs at our location.
09:27:13 We would like to be able to plan events without worrying
09:27:17 about whether we can schedule things at the library or
09:27:19 another group to get a conference room.
09:27:23 So we hope you will support us as we look for new building,
09:27:26 new location, new spaces.
09:27:28 And as we think about space for our program, and space for
09:27:32 the women, because we care so much about the women of Tampa
09:27:36 Bay, let's remember to commit a space for them in our house.
09:27:41 I would like at this time for you to meet one of our client
09:27:44 success stories.
09:27:45 Please welcome Sally Lopez.
09:28:00 >> Hello, honorable council members.
09:28:02 My name is Sally Lopez.
09:28:04 I am proud to say that I have been a member of professional
09:28:06 women's group Dress for Success for eight years.
09:28:10 As a member, I have been empowered by the speakers and the
09:28:13 many educational and mentors and their workshops that they
09:28:17 have offered.
09:28:18 The networking and activity they provide have helped me grow
09:28:22 and become a confident woman.
09:28:25 In 2013, I was given the opportunity to be a delegate and
09:28:31 attend the success summit, women's leadership conference, in
09:28:35 Miami.
09:28:36 It was a great honor to be chosen.
09:28:39 During that summit, I was encouraged to coordinate a project
09:28:42 that involved other members of our local group.
09:28:47 Our project was a symposium for the community, to bring
09:28:50 awareness on anti-bullying at our schools, workplace and
09:28:55 social media.
09:28:57 Our programs included keynote speakers, centers, and other
09:29:01 nonprofit organizations for the community action project,
09:29:06 and it was a great success.
09:29:10 I am proud to also say that we were to ten worldwide.
09:29:16 The Dress for Success leadership and career development
09:29:19 program has helped me become a better leader in our
09:29:23 community, both personally and professionally.
09:29:27 And this year, I am celebrating six years as a case manager
09:29:33 for the county for the health insurance program.
09:29:38 This fall I am also proud to receive the professional
09:29:43 women's group scholarship program.
09:29:45 The scholarship is giving me an opportunity to fulfill my
09:29:49 dream and achieve my goals in being a realtor.
09:29:55 The women and professional women's group has made a huge
09:29:58 difference in my life.
09:30:01 They have enhanced the lives of other women as part of this
09:30:06 great organization.
09:30:08 We are growing stronger, and our numbers are increasing.
09:30:13 I remember when I started there was only like 10 or 11 of us
09:30:17 and now there's over 60.
09:30:23 And I will leave you with one of my favorite quotes.
09:30:27 A woman's best attire is her confidence, and her best
09:30:32 accessory is her smile.
09:30:34 Thank you very much.
09:30:35 [ Applause ]
09:30:36 >>MIKE SUAREZ: Thank you.
09:30:45 >>FRANK REDDICK: Mr. Chair, let me thank them for coming
09:30:48 today.
09:30:49 And I hope the mayor is listening, so he can hear your plea
09:30:55 for additional space.
09:30:58 And I hope he's watching this.
09:31:00 I know he's going to watch it later, not now.
09:31:04 But also, Mrs. McGill, I want to thank you, and if you have
09:31:14 additional board members here would you just have them stand
09:31:16 and be recognized?
09:31:19 [ Applause ]
09:31:21 Finally, I got to question why Thomas Scott is sitting next
09:31:31 to you all.
09:31:32 (Laughter)
09:31:33 I thought he was on the board, too.
09:31:35 Thank you, Mr. Chair.
09:31:36 >>MIKE SUAREZ: Thank you.
09:31:38 Mrs. Montelione.
09:31:38 >>LISA MONTELIONE: Jessica Rivelli said that they needed
09:31:49 shoes.
09:31:50 So I have more, but I didn't want to bring a whole bag full
09:31:56 here.
09:31:56 So I want to give you these.
09:32:04 Here are some shoes.
09:32:10 When I find more clothes -- (Laughter).
09:32:16 >>CHARLIE MIRANDA: When I was growing up, shoes were to
09:32:21 make a difference like right or left.
09:32:23 I couldn't say those words but I understand what you are
09:32:25 saying, Ms. Lopez.
09:32:31 It's about giving yourself confidence.
09:32:34 Everybody in the world with zero confidence doesn't go
09:32:37 nowhere.
09:32:37 If you have confidence in yourself and your smile and you
09:32:40 take baby steps at first, you will succeed.
09:32:43 And I'm so happy and proud of you.
09:32:45 And as Mr. Reddick said, if the mayor is watching the
09:32:48 program, the mayor is watching the program.
09:32:51 (Laughter).
09:32:53 >>MIKE SUAREZ: Thank you.
09:32:54 Any other questions or comments?
09:32:55 Before we go forward I want to point out, I'm in the
09:32:57 insurance industry, and many years ago there was a guy that
09:33:00 worked at the agency, and he would not be in the hallway
09:33:07 without his jacket and his tie.
09:33:09 You go into his office he would take off his jacket but when
09:33:11 he would leave the office even to be in the hallway he would
09:33:14 have his jacket and tie.
09:33:16 One of the most professional men I ever met in my life and
09:33:19 he was a wonderful person to boot.
09:33:20 So this program actually means so much more to all the
09:33:23 people out in the business community because we have seen a
09:33:25 slacking of people dressing for success, and we appreciate
09:33:29 the fact that you are dressing to make sure that people
09:33:31 understand that you are both professional and empowered and
09:33:35 that you understand your business better than anyone else.
09:33:38 And thank you so much for presenting the program.
09:33:40 And continue on your hard work and Mr. Miranda is correct,
09:33:45 the mayor is watching, and hopefully maybe there's some
09:33:48 space out there somewhere.
09:33:49 So thank you so much for being here.
09:33:51 We appreciate it.
09:33:53 Okay.
09:33:53 Next up on our agenda is a presentation from Ms. Victoria
09:34:00 Cannella.
09:34:01 I met Victoria at an event for American Legion post 248.
09:34:07 Post 248 has closed down recently but was very famous in
09:34:11 Tampa.
09:34:11 And Mr. Miranda will be glad to tell you about the number of
09:34:14 baseball players that came out of American Legion post 248.
09:34:18 Her idea was a nonprofit to help troops that are returning
09:34:22 back from war zones or need some vacations and paying for
09:34:28 those vacations as they go forward.
09:34:31 Ms. Cannella, thank you for being here.
09:34:33 I would like you to go ahead and make your presentation.
09:34:35 >> Good morning, honorable council members.
09:34:38 My name is Victor Cannella, the founder and president of
09:34:41 trek for troops.
09:34:42 I'm 17 years old, and senior at Robinson high school in the
09:34:48 IV program.
09:34:49 I wanted to start a nonprofit that would help our military.
09:34:52 I spent some time doing research to finalize the name and
09:34:56 purpose of my organization, and during a family vacation the
09:34:59 idea of trek for troops hit me.
09:35:03 I walked around the American cemetery in Normandy discussing
09:35:06 D day with my father.
09:35:07 I was both humbled by the level of sacrifice our military
09:35:10 and families make, and how blessed I was to be experience it
09:35:15 while on vacation with my family.
09:35:18 This is when trek for troops was born, and when I got back
09:35:21 to the states I got to work.
09:35:25 I decided that I wanted to do this for deserving military
09:35:30 families.
09:35:30 I find little things like my sister and I getting better
09:35:33 along on vacations, and a big difference between the
09:35:38 everyday life.
09:35:39 You don't have to worry about being stressed at work and
09:35:42 laundry and other day to day details.
09:35:45 If I could have the same experience for a deserving family I
09:35:48 could give back and show them a small token of appreciation
09:35:50 for all the sacrifices they and their families make.
09:35:53 When people serve in the military their job can be very
09:35:56 stressful and their sacrifice can impact every member of the
09:35:59 family unit.
09:36:00 It is everything from the baseball game to recital,
09:36:04 birthdays and much more.
09:36:05 And sometimes it impacts the relationship between the parent
09:36:07 and can also impact the parental relationship with their
09:36:10 children.
09:36:12 If they can have this time doing some activities without
09:36:15 stress, they will be able to build stronger family bonds and
09:36:18 have unforgettable memories and great times.
09:36:21 I strongly feel that these are necessary for any family to
09:36:25 help them through situations that may arise in the future
09:36:27 and build stronger long-term relationships.
09:36:29 Family is everything.
09:36:31 And it's an institution that needs to be cherished.
09:36:34 It is a 501(c)3 nonprofit.
09:36:43 I am proud to say with much help with from my friends I was
09:36:46 able to raise enough money to send my first family on
09:36:49 vacation in March 2016.
09:36:51 Through the help of the American Legion an and V.A. we found
09:36:54 a much deserving family and were able to award them the
09:36:57 family trip at a wonderful venue during an American Legion
09:37:00 meeting.
09:37:01 As you can imagine many hugs and tears and surprised faces
09:37:04 were seen on the kids as they had no idea why they were
09:37:07 there and the family vocation was not even in their
09:37:11 vocabulary due to financial reasons and much more.
09:37:14 Let me tell you a little about the family and you will
09:37:16 understand why it was so important to me.
09:37:18 Our award recipient was a single mother caring for her kids.
09:37:22 She served in the military and was injured during service.
09:37:24 She did not try to get disability or get out of work.
09:37:27 She persevered.
09:37:28 She did not come from a wealthy family and she had to fight
09:37:31 all her life.
09:37:32 She was married young, had a son, and things did not work
09:37:35 out.
09:37:36 After many years of struggling she met the man of her
09:37:39 dreams.
09:37:39 Heed two young boys and they were abandoned by their mother.
09:37:45 They got engaged and going to get married this past April
09:37:48 but unfortunately her fiance suddenly passed away from a
09:37:51 sudden heart condition at home six months before they were
09:37:55 to be married.
09:37:56 This is very tragic but she persevered and took full
09:38:00 responsibility for the boys.
09:38:01 She knew they had no place to go and refused to give them
09:38:03 up.
09:38:04 She worked very hard to make ends meet and to provide a
09:38:07 stable home for the boys and help them succeed.
09:38:09 The boys had never been on vacation or traveled anywhere
09:38:11 outside this area.
09:38:12 With their father's recent death and their financial status,
09:38:16 a family vacation was not an option.
09:38:19 It was such an amazing feeling when we heard they were going
09:38:23 to be able to enjoy this experience.
09:38:24 And it was great to help them plan a trip and see my hard
09:38:28 work pay off.
09:38:31 It is very hard to raise funds because it's not hard to come
09:38:36 across.
09:38:37 But harder when you are brand new.
09:38:39 The money was raised during car washes and nights at Chick
09:38:45 Fil-A as well as a couple of corporate donors.
09:38:48 100% of the money raised to S to pay for the vacation.
09:38:51 My dream is to get to where I can send four or five families
09:38:55 a year.
09:38:55 It costs around $57,000 to send a family of four on a
09:39:00 one-week vacation at the level we want to provide.
09:39:02 We are working hard on a 5-K, and my fellow volunteers, Al
09:39:11 Lopez park and will soon have more to talk about it on our
09:39:15 website.
09:39:15 But we would love to have all of you and your families join
09:39:18 us.
09:39:18 You can follow us on Facebook or visit our website, trek for
09:39:23 troops.com, and you will see me posting at upcoming events.
09:39:27 Any support, purchasing T-shirts, making a donation or
09:39:31 promoting our organization is greatly appreciated.
09:39:33 I'm humbled to see the impact that this has on our families
09:39:37 and want to provide it for many, many more.
09:39:40 I am honored to be here to speak with you and I want to
09:39:44 thank you especially chairman Suarez for this opportunity.
09:39:48 I would greatly appreciate your support in spreading the
09:39:50 word and providing me with any guidance to help me grow this
09:39:52 organization.
09:39:53 I am very proud to be a Tampa resident and I hope that one
09:39:55 day my organization will continue to show our strong and
09:39:58 wonderful our community is.
09:39:59 >>MIKE SUAREZ: Thank you very much.
09:40:01 Any questions or comments from council?
09:40:04 Victoria, I think there's some bearded guy taking pictures
09:40:08 of you.
09:40:09 Who is that guy?
09:40:10 Because I didn't recognize him with the beard.
09:40:12 What is his name?
09:40:13 >> Joseph Cannella.
09:40:15 >> Joseph Cannella.
09:40:17 Joseph is in a fine profession, also an insurance agent.
09:40:21 And thank you for sharing your daughter with us and your
09:40:23 other daughter who sang at the national anthem at that
09:40:26 event.
09:40:27 Repeat that web address so that people know how to get in
09:40:31 touch with you.
09:40:32 >> Trek for troops.com.
09:40:38 >> We appreciate the fact that you are doing this.
09:40:40 You know, having an ID student myself, I have two now, the
09:40:46 amount of work that you do and that you are still doing
09:40:48 this, that's a testament to your hard work and what you do.
09:40:51 So thank you and thank your father and mother and all the
09:40:55 rest of your family for doing this and helping out the
09:40:58 troops.
09:40:59 We appreciate it.
09:41:00 Thank you very much.
09:41:02 Thank you, Victoria.
09:41:04 [ Applause ]
09:41:11 Before we go to public comment I would like to ask Rebecca
09:41:13 Heimstead and all you people with shirts that say mayor's
09:41:21 youth core, stand up and come to the podium.
09:41:24 >> Rebecca Heimstead, youth core coordinator and I am
09:41:29 pleased to bring 10 of the 33 members of the mayor's youth
09:41:33 core class of 2016 to visit with you and learning about the
09:41:37 legislative part of city government.
09:41:38 >> You mean the most important part of city government.
09:41:41 >> Of course.
09:41:42 >>MIKE SUAREZ: Thank you.
09:41:43 If each of you could come up, say your name and what school
09:41:46 you are from, that would be great.
09:41:47 >> Carol craft from Bayshore Christian.
09:41:53 >> Devins, Gaither.
09:41:58 >> Frank Connolly, junior.
09:42:02 >> Amanda.
09:42:07 >> I'm from Gaither high school.
09:42:12 >> I'm from Hillsborough high school.
09:42:14 >> I'm from academy of the holy names.
09:42:19 >> I'm from Hillsborough IV high school.
09:42:22 >> I attend brookwood preparatory school.
09:42:27 >> I attend academy of the holy names.
09:42:30 >> Thank you all for being here and thank you for
09:42:33 participating and learning a little about city government.
09:42:36 Any questions that are on how city government works please
09:42:40 ask our expert, with I is Councilman Charlie Miranda.
09:42:43 Anything that's easy you can ask me.
09:42:45 But Mr. Miranda, do you have a comment?
09:42:48 >>CHARLIE MIRANDA: I don't know if I didn't hear well.
09:42:50 But was Jefferson represented?
09:42:54 >> I don't think so.
09:42:54 >> Well, the chair is now going to hear from Reddick and
09:42:59 Miranda.
09:43:00 And Capin.
09:43:00 >> There are more ALUM from Jefferson than any other high
09:43:07 school, I think.
09:43:08 Thank you all for being here and thank you for your
09:43:10 participation in the mayor's youth core.
09:43:12 We are going on to public comment.
09:43:14 That is comment on anything on the agenda.
09:43:16 Anybody that is a member of the public that is not speaking
09:43:19 on a public hearing which would be done later on today.
09:43:26 Please come forward.
09:43:26 >> Cyril Spiro, 10712 Cory lakes drive. And I'm a candidate
09:43:38 for city council.
09:43:40 I come to talk on the issue of agenda item 78 regarding TPD
09:43:46 body cameras.
09:43:50 I have a monthly column in a magazine which is a direct mail
09:43:55 distributed in district 7, and in July, about mid July, I
09:44:00 wrote the column on the subject which I will read within my
09:44:04 three minutes.
09:44:08 The column is titled Tampa Matters, and the title itself is
09:44:10 TPD should wear body cameras.
09:44:12 *Summertime usually brings thoughts of cookouts, fireworks
09:44:16 and apple pie.
09:44:17 But this summer has been different.
09:44:19 Among our celebrations we watched in horror as madness
09:44:21 overtook police officers and young black men alike.
09:44:27 The best way to protect citizens from wayward officers and
09:44:30 to protect good cops from bad people is for officers to wear
09:44:32 body cameras.
09:44:32 The cameras put their wearers on alert that they will not
09:44:32 get away with bad behavior, and they also show judges and
09:44:39 juries when a bad person forced a good cop to take
09:44:40 protective action.
09:44:43 The Pasco police force has been using body cameras very
09:44:43 successfully. A deputy sheriff there recently told me the
09:44:50 department had been accused of using excessive force to kill
09:44:52 a dog.
09:44:53 However, body camera footage shows the owner commanded the
09:44:58 dog to attack the police. Currently, 60 out of 1,000 Tampa
09:44:58 police field officers are wearing body cameras.
09:45:02 They are participating in a study conducted by USF to
09:45:05 determine if cameras are helping.
09:45:06 The same team at USF recently completed a study for the
09:45:10 Orlando police department which concluded overwhelmingly
09:45:11 that the benefits of the cameras outweigh the drawbacks.
09:45:14 The ORPD embraced the technology just like Pasco County.
09:45:19 The TPD data collection was completed in March 2016 and USF
09:45:23 is now analyzing it.
09:45:24 This morning the Tampa Tribune published that result and
09:45:27 indicated that there was a reduction in violence as a result
09:45:30 of wearing body cameras with the 60 police officers that
09:45:33 were wearing it from the TPD.
09:45:37 As I indicated in July the results indicated that once again
09:45:40 the cameras provided that benefit.
09:45:42 On July 21st Mayor Buckhorn presented the proposed 2017
09:45:46 budget to the Tampa City Council.
09:45:48 That was seven days after this column had to be submitted
09:45:51 for publication.
09:45:52 I hope that he included the approximately 1.4 million that
09:45:55 it will cost to outfit all field officers with body cameras.
09:45:59 I don't believe that it did.
09:46:02 If he did not, the City Council should look at the budget to
09:46:06 find the money, adjust the budget and make it happen.
09:46:09 A single wrongful death lawsuit could cost the city as much
09:46:13 as $200,000.
09:46:14 But what's worse is that the lack of information and
09:46:16 vigilance could cost a good man's life or good cop's career.
09:46:20 If I am elected to City Council I will vote to arm our
09:46:24 police with body cameras. In my last 10 seconds, my
09:46:27 background is in health care. I know all about data, data
09:46:29 storage, cost of data, software service, I own a software
09:46:33 company, and I would be happy to help the administration in
09:46:36 assessing the contract costs.
09:46:38 >>MIKE SUAREZ: Thank you.
09:46:40 Next, please.
09:46:40 >> Hello.
09:46:49 Worldwide Globe Prince King. I'm here to talk about --
09:46:52 >> What is your name again, sir? I apologize.
09:46:52 >> Huh?
09:46:52 >> What is your name again, sir?
09:46:57 >> My name is sovereign citizen. Johnny Bernard Booth.
09:47:02 My transaction name is Johnny Hall.
09:47:03 >> Thank you.
09:47:08 Now, in America, I understand we don't compromise with
09:47:21 terrorists.
09:47:25 Right here, talk about, oh, we are going -- don't you worry
09:47:30 about it, Donald Trump said, oh, yes we can.
09:47:44 But yet he wants to be your president and can't keep a
09:47:47 contract.
09:47:50 He's not qualified to be your president.
09:47:53 He's qualified to go to prison however.
09:47:57 He's committing terrorism on your land, a white supremist so
09:48:00 that causes racism here in America and he's talking about
09:48:03 splitting America up.
09:48:04 We are North America, South America, Central America.
09:48:07 We got Brazil --
09:48:09 >> Mr. Hall, Mr. Hall, I hate to interrupt you but can you
09:48:12 try to keep it to things that are maybe on the agenda or
09:48:16 something that deals with Tampa?
09:48:19 >> He was just here yesterday.
09:48:23 >> I got it. Go ahead.
09:48:30 >> It says my land is not my land. Is it not the people's
09:48:39 land anymore?
09:48:40 Because the public, everything is being privatized.
09:48:43 And which means that you guys eventually stripping your
09:48:48 people of the land, we the people.
09:48:50 So trying to do a corporate takeover, that's called treason
09:48:55 over the people, and your corporate body is the government.
09:49:03 Now Hillary, you know darn well she doesn't qualify for
09:49:07 anything.
09:49:08 She's still under investigation.
09:49:11 She shouldn't be running right now, to tell you the truth.
09:49:13 We know that.
09:49:14 Everybody know that.
09:49:25 We are trying to start a peaceful venue on this planet.
09:49:28 But a war we don't even need.
09:49:37 (Bell sounds)
09:49:39 I just want to bring to your attention the GPS.
09:49:48 Just want to let you know that -- moving back from your
09:49:57 system to my system, and sign her rights away.
09:50:04 (Bell sounds).
09:50:07 >>MIKE SUAREZ: Appreciate it.
09:50:08 Next please.
09:50:09 >> Derek Williams.
09:50:20 And I'm here to speak on item 75 on the agenda.
09:50:24 But to keep from being redundant, I would like to hand over
09:50:26 my time if I can so I won't be redundant.
09:50:31 >>MIKE SUAREZ: Typically we don't give up time to people
09:50:34 but we do, you know, anyone in council wants to allow one
09:50:38 person to have a few more moments, please make a motion to
09:50:43 do so.
09:50:44 >>LISA MONTELIONE: I will move -- how much time do you
09:50:46 think you need?
09:50:47 Five minutes?
09:50:48 Okay.
09:50:48 I'll move five minutes.
09:50:53 That would be an additional two to the three.
09:50:55 A total of five.
09:50:56 >>MIKE SUAREZ: 2 extra.
09:50:58 We have a motion by Mrs. Montelione.
09:51:00 A second by Mr. Cohen.
09:51:01 All in favor of that motion?
09:51:03 Any opposed?
09:51:04 Thank you.
09:51:04 >> Thank you, Mr. Chair.
09:51:06 Thank you, Ms. Montelione, and City Council members.
09:51:09 As you know, I'm here representing the Tampa organization of
09:51:12 black affairs, and Saturday morning breakfast group.
09:51:15 We have been tracking and coming down to City Council to
09:51:18 speak about items related to language how the city spends
09:51:23 money by race and gender.
09:51:25 We know that this morning there's going to be a presentation
09:51:28 made by the chair of the committee related to equal
09:51:31 opportunity for businesses.
09:51:33 And we wanted to just remind you about this document that we
09:51:36 received last time we were here.
09:51:39 It revealed some information that is pretty abysmal when it
09:51:43 comes to actual spending with African-American owned
09:51:46 companies and other minority business enterprises.
09:51:48 We also wanted to show you, remind you that we sent the
09:51:53 second sheet to the staff of the administration WMBE to get
09:51:58 information and the City Council to get information about
09:52:01 the city's annual budget, how much it spends every year out
09:52:04 of that budget for goods and services and structural related
09:52:08 expenses and how much it spends with African-American and
09:52:10 MBE to try to get a benchmark, not to dredge up the past but
09:52:16 how we can go forward in the future, for this city and this
09:52:19 council and this mayor and this administration to set the
09:52:21 standard for making sure there is equity, there is
09:52:25 diversity, and economic inclusion when spending taxpayers
09:52:30 money, when a percentage of that money being raised, or
09:52:34 revenue brought in, by this diverse population in the City
09:52:39 of Tampa.
09:52:39 We think there's only two groups that can resolve this.
09:52:42 It's not a committee.
09:52:43 It has no authority to spend money for the city.
09:52:46 But the administration which has ability to spend the money
09:52:49 which this council approves, the city is spending the
09:52:52 budget.
09:52:53 The city administration combs back to this council asking
09:52:57 for contracts to be approved.
09:52:58 We believe one way you could move and expedite a change in
09:53:03 this pattern is to not approve any contract that does not
09:53:07 have language in the contract to specifically state actual
09:53:12 spending will happen before the contractor has paid for any
09:53:18 service it provides.
09:53:20 There needs to be something about race and gender.
09:53:24 It's the right thing to do.
09:53:25 We think the administration on the other hand -- and we will
09:53:28 recommend this to the mayor -- that they implement a
09:53:31 performance management agreement with all of the direct
09:53:34 reports.
09:53:35 We have the authority to spend the money so evaluate it in a
09:53:40 heavily weighted way in this equity fairness and inclusion
09:53:44 provision.
09:53:45 We think that this council has the power to approve budget
09:53:51 and to not approve contract brought before City Council, so
09:53:54 we are going to ask this City Council to help us with a
09:53:56 couple things.
09:54:00 If someone on council on council in general give answers to
09:54:04 us on questions to page 2?
09:54:06 We have not received answers to any of these questions
09:54:08 today.
09:54:08 We respectfully request this council to give answers to
09:54:11 these questions so that we can work with council and the
09:54:13 city administration to work towards a path to change the
09:54:18 outcome of how the city spends its money, which we found to
09:54:21 be abysmal in terms of equity, fairness and economic
09:54:25 inclusion.
09:54:34 I only came today because we knew there was going to be a
09:54:37 staff report.
09:54:37 I don't think the committee can only recommend to the mayor,
09:54:47 up what it can do.
09:54:49 Your power to make decisions about what you know is right to
09:54:51 be for the people that you represent, which is all of the
09:54:54 constituents, just as the mayor, to represent all the
09:54:59 people's interest, to represent fairness, to represent
09:55:01 diversity, the value of diversity, to represent the
09:55:05 inclusion and make sure you make decisions that would then
09:55:12 have the administration change what it does.
09:55:14 If you cannot contract, they will go back and have the
09:55:19 language the way you are representing on behalf of the
09:55:22 people.
09:55:22 We think that's an easy solution to push it back so they get
09:55:25 it done right.
09:55:27 These numbers show it's not working.
09:55:42 And I'll take any questions you might have.
09:55:43 >>LISA MONTELIONE: I just want to say when we do hear the
09:55:49 item, I am going to ask questions about this and find out if
09:55:52 between the last time we met and talked about the item and
09:55:55 this time we met if this form has been completed or if the
09:55:59 numbers are available.
09:56:00 So I don't know if you can stick around that long.
09:56:04 >>MIKE SUAREZ: Thank you very much.
09:56:07 Next up, before we go to our next speaker, anyone else that
09:56:10 would like to speak that does not include items number 57
09:56:13 through 70, make sure you line up, get ready to speak.
09:56:16 If not, Mr. Tillou, you are next.
09:56:18 >> Okay, I'm Ed, Ed Tillou, Sulphur Springs.
09:56:25 Okay.
09:56:32 I have the handout.
09:56:34 Well, anyway, I was looking for ancestors within the civil
09:56:41 war, parts of sons, veterans, came across this car Poon that
09:56:45 is interesting to me.
09:56:46 Confusion between Amish and hosterdine people, and
09:57:00 Williamsburg, where my family was from, 1840s,much further
09:57:04 than I thought they were.
09:57:06 Well, anyway, they lived there, and the guys in the civil
09:57:12 war, they were associated with this 47th recommendation
09:57:17 meant, and I am found, this is a wonderful thing people
09:57:19 should use.
09:57:20 This Google street thing.
09:57:25 And you can go anyplace like you are there.
09:57:28 This is their armory.
09:57:30 So much for that.
09:57:31 The thing I wanted to speak about for several weeks is --
09:57:35 and I lost the material, but I think it will turn up.
09:57:38 Okay.
09:57:39 It's about the pavilion.
09:57:48 And apparently the Shriners were going to sell that and use
09:57:51 it for their hospitals and now they are in a bind.
09:57:54 The deal fell through and they don't have any money for
09:57:56 that.
09:57:57 So anyway, I know the ALA cart pavilion, and what maybe
09:58:06 could be done since the pavilion is a part of this West
09:58:10 Tampa thing that the mayor is very focused on is bring it
09:58:16 down there.
09:58:16 Bring it from where it's in Dana Shores and bring it down
09:58:21 and you can use University of one of these because I think
09:58:24 the military would really like a contract to bring these in,
09:58:27 because this is something very important for Afghanistan.
09:58:31 There's a lot of minerals in Afghanistan that the United
09:58:35 States, western Europe, need, but only China -- the only
09:58:39 other source is China.
09:58:40 They are called rare earths -- they are really not rare but
09:58:45 they are rare elsewhere, and China sets the price on them
09:58:49 and that's part of the reason why solar panels have to be
09:58:52 made in China.
09:58:53 China can set the price on these things very high.
09:58:59 So anyway, these would be necessary to bring a lot of that
09:59:02 material out because at a meeting over at USF was brought up
09:59:08 that the rail line shift from the earth tremors, and the
09:59:14 railroads don't hold up.
09:59:15 So anyway, really quick.
09:59:19 I wanted to talk about the ferry a little.
09:59:23 I don't know if this is part of a public hearing because I
09:59:25 didn't get the program.
09:59:26 But this has got to be gone.
09:59:28 >>MIKE SUAREZ: This is part of a public hearing.
09:59:32 >> It is?
09:59:33 Then I'll talk about ferries really quick.
09:59:36 I think the price is being set too high ten dollars.
09:59:40 >>HARRY COHEN: Thank you very much.
09:59:42 You are out of time.
09:59:43 >> I mean I want to see it work.
09:59:45 It's just if it's priced too high.
09:59:47 >>HARRY COHEN: Is there anyone else in the public that
09:59:49 wishes to talk during the general public comment period?
09:59:53 Seeing none we will move on to requests by the public for
09:59:55 reconsideration.
09:59:56 >> Yes, one.
09:59:58 >>HARRY COHEN: I'm sorry, I didn't seep you back there.
10:00:01 >> Michael farmer, East Tampa.
10:00:08 I sent each one of you an e-mail concerning the overgrowth
10:00:11 in the area.
10:00:14 This has been a problem for many years.
10:00:17 I brought this up for this council -- not you guys but the
10:00:21 City Council bra it here.
10:00:30 Came out, cleaned up everything and said they would have a
10:00:33 maintenance program.
10:00:34 They failed on that.
10:00:37 So now we are back to the same thing again.
10:00:39 I'm asking the council to maybe bring them back again, the
10:00:45 to see what's going on.
10:00:47 Now, we have the high school with all this overgrowth.
10:00:50 I mean, if there was a fire it would burn up everybody in
10:00:55 the stands because of all that overgrowth.
10:00:58 You have the pictures before you.
10:00:59 You have the pictures where the box company has caught on
10:01:04 fire.
10:01:05 They had to put a fire engine in inside Middleton to stop it
10:01:08 from burning up.
10:01:09 You just think about it.
10:01:10 Now we have been hearing about Columbine, sandy hook and all
10:01:15 these other things.
10:01:16 Just picture someone out there and all those bushes and
10:01:22 these kid and the public, all because you don't want to cut
10:01:26 weeds by schools.
10:01:29 In front of my house it's the same thing.
10:01:32 When I come home at night, and I go somewhere somehow, it's
10:01:42 pitch black dark, and my house -- you can't see anything
10:01:49 because all of this -- you can barely see the palm tree
10:01:52 there.
10:01:52 And that's a light pole you are looking at with lights.
10:01:56 Okay.
10:01:57 But the overgrowth -- all the property up there.
10:02:04 That's the retention pond.
10:02:10 That's where the property ends.
10:02:13 So when I come home, and I look at it like this.
10:02:21 And I protected you guys, family, children, mothers,
10:02:28 fathers, but I go to war and come back and I cannot approach
10:02:32 my own home without going into high security military to
10:02:38 stop somebody from jumping on me because I want to open my
10:02:41 gate and come into my own home?
10:02:43 This is ridiculous.
10:02:45 Somebody needs -- and the biggest problem is, every time you
10:02:50 think, oh, well, that's a government agency, they really
10:02:56 don't pay no attention to us.
10:02:59 Come on, people.
10:03:01 Are we going to sit because something happens to those
10:03:10 school kids?
10:03:12 >>MIKE SUAREZ: Two things.
10:03:13 CSX is not a governmental entity.
10:03:15 CSX is a private entity.
10:03:17 In terms of the code enforcement to make sure you get with
10:03:20 one of our staff aides, they will be glad to make those
10:03:23 calls to CSX and code enforcement and make sure it gets
10:03:26 done.
10:03:27 >>CHARLIE MIRANDA: Yesterday I was walking by Councilman
10:03:31 Reddick's office and I know that you called yesterday
10:03:34 because Frederick, Mr. Reddick's aide, was making the call
10:03:40 and he got with my aide.
10:03:41 I understand what you are going through and it's very
10:03:43 frustrating.
10:03:44 And that's only one case.
10:03:46 There's hundreds of cases like yours.
10:03:50 And we may cut a lot of ribbons and look pretty in the
10:03:53 newspaper but the ground zero, you know it, all of us know
10:03:56 it.
10:03:57 And facts are the things that I look forward, Mr. Reddick
10:04:01 and all of us on this come up and the staff work diligently
10:04:05 to try to help you and the rest of us.
10:04:07 There's houses in West Tampa that have two or three
10:04:10 apartments.
10:04:11 If they was in South Tampa they would be in jail but because
10:04:16 they are in West Tampa they won't touch it and I ain't
10:04:20 afraid of them including CSX.
10:04:22 We are paying $360,000 a year in insurance.
10:04:25 We don't need it for the streetcar because CSX demanded it.
10:04:30 They are nothing but robbers.
10:04:31 Thank you.
10:04:31 >> I appreciate any help you can give.
10:04:34 >> I know you have talked to our aide.
10:04:38 Is there anyone in the public that would like to speak at
10:04:41 this time other than items 57 through 70 that are set for
10:04:44 public hearing?
10:04:44 I see no one.
10:04:45 Requests for legislative reconsideration?
10:04:48 I see no one own that either.
10:04:50 Item number 47.
10:04:52 It is a scrivener's error on an ordinance.
10:04:56 Mr. Miranda, if you could read it and move it.
10:05:03 >>CHARLIE MIRANDA: I move file AB 2-16-07, ordinance
10:05:08 presented for first reading consideration, an ordinance
10:05:10 amending ordinance number 2016-06 passed and ordained by
10:05:14 City Council of city of Tampa, Florida on April 25, 2016
10:05:18 which approved a special use permit small venue consumption
10:05:21 on premises only for beer, wine and liquor for property
10:05:24 located at 410 and 412 South Howard Avenue correcting a
10:05:28 scrivener's error by substituting a revised exhibit "A" and
10:05:32 exhibit "B" for the exhibits that were supplied in error,
10:05:35 providing for severability, providing an effective date.
10:05:40 Motion by Mr. Miranda.
10:05:41 Second by Mr. Cohen.
10:05:42 All in favor?
10:05:43 Any opposed?
10:05:44 >>THE CLERK: Motion carried with Capin being absent.
10:05:48 Second reading and adoption will be on September 15, 2016 at
10:05:54 9:30 a.m.
10:05:55 >>MIKE SUAREZ: Item number 5 has been moved to our public
10:06:02 hearing at 10:30 to go along with item 68.
10:06:05 Next up is our Public Safety Committee.
10:06:07 Mr. Miranda just stepped up.
10:06:08 So if our vice chair for public safety Mr. Cohen can take
10:06:13 it.
10:06:14 >>HARRY COHEN: Move 6 through 8.
10:06:16 >>GUIDO MANISCALCO: Second.
10:06:18 >>MIKE SUAREZ: All in favor?
10:06:19 Any opposed?
10:06:20 Thank you.
10:06:21 Next up is our Parks, Recreation, Culture Committee.
10:06:24 Our chair is Mr. Maniscalco.
10:06:25 >>GUIDO MANISCALCO: I move items 9 through 14.
10:06:28 >> Second.
10:06:29 >>MIKE SUAREZ: Motion by Mr. Maniscalco.
10:06:31 Second by Mr. Cohen.
10:06:32 All in favor?
10:06:33 Any opposed?
10:06:35 Thank you.
10:06:36 Public Works Committee is our chair Mr. Frank Reddick.
10:06:40 >>FRANK REDDICK: Move 15 through 20.
10:06:43 >> Second.
10:06:44 >>MIKE SUAREZ: Motion by Mr. Reddick.
10:06:45 Second from Mr. Cohen.
10:06:46 All in favor of that motion?
10:06:48 Any opposed?
10:06:50 Next up is our Finance Committee.
10:06:52 Mr. Cohan is our chair.
10:06:54 >>HARRY COHEN: I move items 21 through 27.
10:06:56 >> Second.
10:06:58 >>MIKE SUAREZ: I have a motion from Mr. Cohen.
10:06:59 I have a second by Mr. Maniscalco.
10:07:01 All in favor of that motion?
10:07:04 Any opposed?
10:07:05 Next up is Building, Zoning and Preservation Committee.
10:07:08 If Mrs. Montelione loan could take that but make sure we
10:07:14 have the substitute resolution on 43.
10:07:16 >>LISA MONTELIONE: Mr. Shelby, I do need to read item 43?
10:07:22 Or substitute it?
10:07:25 >> Move the substitute.
10:07:26 >>LISA MONTELIONE: I move item 28 through 42.
10:07:30 >>MIKE SUAREZ: Motion by Mrs. Montelione.
10:07:33 A second from Mr. Maniscalco.
10:07:35 All in favor of that motion?
10:07:37 Any opposed?
10:07:38 Thank you.
10:07:38 >>LISA MONTELIONE: I move the substitute resolution for
10:07:41 item number 43.
10:07:42 >> Second.
10:07:44 >>MIKE SUAREZ: Motion by Mrs. Montelione, second by Mr.
10:07:47 Cohen.
10:07:48 All in favor?
10:07:49 Any opposed?
10:07:50 >>LISA MONTELIONE: I move item, finally, 44 through 48.
10:07:55 >> Second.
10:07:57 >>MIKE SUAREZ: I have a motion by Mrs. Montelione.
10:07:58 Second by Mr. Cohen.
10:07:59 All in favor of that motion?
10:08:02 Any opposed?
10:08:03 Thank you.
10:08:04 Next up is our transportation committee, and to do that is
10:08:08 Yvonne Yolie Capin.
10:08:10 >>YVONNE CAPIN: I move items 49 through 56.
10:08:15 Thank you.
10:08:15 >> Motion by Mrs. Capin.
10:08:21 Second by Mr. Cohen.
10:08:22 All in favor?
10:08:23 Any opposed?
10:08:25 Thank you.
10:08:26 Next up we have public hearings.
10:08:28 I need to open items 57 through 64.
10:08:32 >> So moved.
10:08:33 >> Second.
10:08:33 Third.
10:08:35 (Laughter).
10:08:36 >>MIKE SUAREZ: If you could make that items 57 through 67.
10:08:41 I apologize.
10:08:41 >> So moved.
10:08:48 >> Second.
10:08:49 >>MIKE SUAREZ: Motion by Mrs. Montelione.
10:08:53 Second by Mrs. Capin.
10:08:55 All in favor?
10:08:56 Anyone that's going to speak on 58 through 64 please stand
10:09:05 to be sworn in.
10:09:06 (Oath administered by Clerk).
10:09:13 >> Item number 57.
10:09:23 Staff?
10:09:26 Anyone here to talk about the noise ordinance from our city?
10:09:33 Not yet.
10:09:33 Anybody from staff?
10:09:34 >>LISA MONTELIONE: Mr. Territo?
10:09:37 No?
10:09:38 >>MIKE SUAREZ: No one? Okay.
10:09:42 >> They need to come in and line up.
10:09:50 >>MIKE SUAREZ: There we go.
10:09:52 Mr. Smith.
10:09:54 You have never been shy before, sir.
10:09:56 >> MICHAEL SCHMID: A little confusion. I thought we were
10:10:00 going to do the public comments first.
10:10:03 With regards to items 57, before you is the second reading
10:10:10 for the noise ordinance.
10:10:14 Just to give council an update, we did amend the city
10:10:17 ordinance as requested from last meeting.
10:10:20 We presented it to City Council.
10:10:22 Since that time and since the last meeting, we have met with
10:10:26 SoHo business alliance.
10:10:27 We have heard some of their concerns.
10:10:30 I believe some of the SoHo business alliance members are
10:10:33 probably going to be here today to also speak at public
10:10:35 comment.
10:10:36 So part of what I say now might be sort of anticipation of
10:10:40 what I have heard and what I expect City Council to hear at
10:10:43 public comment.
10:10:48 So with that, let me give a little bit of background on the
10:10:53 noise ordinance in general.
10:10:55 The current noise ordinance started when -- give you the
10:11:04 actual date here -- in 2013, 2012 time frame, we were asked
10:11:13 to start drafting a new noise ordinance, specifically it was
10:11:19 under file E-2012-8.
10:11:22 You asked legal to appear and provide a report regarding
10:11:26 current section 14-151, excessive noise.
10:11:29 Specifically relating to noise coming from structures.
10:11:32 Further that the legal department to provide recommendations
10:11:36 on how the current noise ordinance can be strengthened to
10:11:38 protect the residents.
10:11:42 That was what we were asked to do.
10:11:46 We had come back before you initially.
10:11:48 We started drafting that, and as we told you in the past,
10:11:52 due to have some litigation, sort of continued to work on it
10:11:57 but didn't bring any of our recommendations at the time.
10:11:59 We waited until the litigation resolved.
10:12:01 When the litigation resolved we brought this back in front
10:12:04 of you, first initially as a staff report.
10:12:07 We provided you with some data, some statistics.
10:12:10 Then we asked for it to be set for first read.
10:12:13 It was set for first read.
10:12:15 We presented the ordinance at that time.
10:12:17 A couple of changes were asked to be made.
10:12:19 We made those changes.
10:12:20 We have gone out to all the neighborhood associations that
10:12:25 wanted to hear from us.
10:12:26 We have sent e-mails.
10:12:28 We have been out there publicly.
10:12:32 This has been something that's been going on as you know for
10:12:35 years.
10:12:35 The noise ordinance has continuously been a subject that has
10:12:40 come back in front of City Council.
10:12:43 >>MIKE SUAREZ: Before you go forward, Mrs. Capin has a
10:12:46 question.
10:12:46 >>YVONNE CAPIN: When you say you met with the neighborhoods
10:12:49 that wanted to meet with you, how did that come about?
10:12:54 And tell me.
10:12:58 I know it's public record, public notice.
10:13:01 And then tell me how that happened.
10:13:03 >> Michael Schmid: Sometimes many of them contacted maybe
10:13:08 me directly.
10:13:10 Some of them already knew that the noise ordinance had been
10:13:15 something that had been ongoing.
10:13:17 And so some of them invited us out to come and speak.
10:13:21 I went to the public library for one meeting.
10:13:24 I am went to YCDC for another meeting.
10:13:29 We have been in contact by phone with numerous other people
10:13:33 who said they would just pass information along, but they
10:13:36 didn't necessarily need us to come out and meet with them.
10:13:40 So both through them contacting us and finding out through
10:13:46 looking at the agendas and maybe reading the papers, because
10:13:49 this has been in the press, about the noise, and so
10:13:53 sometimes they contacted us and asked us to come out.
10:13:56 Sometimes I would proactively send out information.
10:13:59 >>YVONNE CAPIN: In whose neighborhoods -- when I look at
10:14:03 neighborhoods I look at the whole of the neighborhood, which
10:14:06 includes businesses.
10:14:09 Did you meet with those?
10:14:10 Did they reach out to you?
10:14:15 >> Certainly.
10:14:17 We have been working with some of the businesses for years
10:14:19 throughout this entire time period.
10:14:22 I think the answer is it's mixed.
10:14:28 Some of the businesses we had, some of them never contacted
10:14:33 us and maybe they didn't contact us, but the minute they did
10:14:37 with we met with them, for example, SoHo business alliance.
10:14:41 We have been in contact with many of the individual
10:14:43 businesses certainly throughout the year through the
10:14:46 litigation process or because we have had complaints with
10:14:49 individual businesses.
10:14:50 I have worked with those businesses one on one over the past
10:14:52 years.
10:14:55 As far as the actual SoHo business lymphs itself, the minute
10:14:58 they invited us and told us they want us to come out, we
10:15:01 did.
10:15:01 >>YVONNE CAPIN: Thank you for that.
10:15:10 I wanted the public to know how involved your department was
10:15:13 with the neighborhoods.
10:15:14 And as I said, the whole of the neighborhood.
10:15:16 So thank you.
10:15:17 >> To be clear, this ordinance -- I think everybody is aware
10:15:25 that noise ordinances are always going to have people on
10:15:30 both sides at the end of the day.
10:15:33 Nobody may be completely happy with it.
10:15:35 And I think we have seen that throughout the history, the
10:15:38 transcripts.
10:15:39 And to be clear, we have moved in hundreds if not thousands
10:15:41 of pages of documents through SIRE, before City Council.
10:15:45 >>YVONNE CAPIN: Let me just interrupt you.
10:15:47 It's not that --
10:15:57 >> We have got some experience with that, yes.
10:15:59 >> At the end of the day we are here to address what City
10:16:04 Council asked us to address, and we are trying to reach out
10:16:08 to both the businesses and the residents and present an
10:16:11 ordinance to everybody that we believe was the
10:16:15 recommendations, at the end of the day that's what we can do
10:16:17 and what we sent back to you.
10:16:22 I just have a couple of minutes just to explain a few more
10:16:25 things.
10:16:25 I think it's important to understand that 1999, that's when
10:16:30 decibel levels were created.
10:16:31 Again we moved in the transcripts of all the past hearings.
10:16:36 But if you look at the transcripts from '99, decibel levels
10:16:40 were created, that was in coordination with YCDC.
10:16:45 They already had businesses out there.
10:16:47 They had open air patios.
10:16:48 They had some concerns about the fact that they already had
10:16:51 businesses, and Ybor established with businesses out there
10:16:55 that are having, you know, to work with the new decibel
10:17:01 levels that were coming in, so YCDC came before City Council
10:17:04 with expert recommendations, and City Council spent a long
10:17:08 time on three different meetings in '99.
10:17:15 There's been discussion about it.
10:17:16 And it took up to three years working on it in '99.
10:17:20 And that was with YCDC input and consideration of the whole
10:17:24 city.
10:17:24 And that's when we see our decibels in '99 get created.
10:17:28 And we see Channelside, downtown, Ybor decibel levels, and
10:17:32 then we see the rest of Tampa.
10:17:34 And that's when the rest of the got 55-decibel levels after
10:17:39 10 p.m. that I am anticipating some of the people may be
10:17:42 coming forward asking you to consider.
10:17:46 What's important to know is that those decibel levels have
10:17:49 been around since 1999.
10:17:52 In 2003 the expert came before you by the name of Mr.
10:17:58 Siebein.
10:18:05 And gave testimony about the decibel levels, they were
10:18:08 explored by City Council.
10:18:09 Again there were some minor tweaks made to how they were
10:18:12 measured, but the decibel levels remained the same.
10:18:17 In 2006, again in 2003, also, took three years leading up to
10:18:22 that discussion.
10:18:24 2006, two years was placed, noise ordinance, and again there
10:18:30 was noise levels again were kept the same in 2006.
10:18:34 Excessive noise was moved from chapter 19 to chapter 14.
10:18:39 And numerous speakers came forward before City Council.
10:18:42 City Council had the opportunity to hear everybody's input
10:18:45 back then.
10:18:48 2009, again we addressed noise after extensive working on
10:18:52 it.
10:18:53 Speakers again came forward to testify about the negative
10:18:56 effect of noise on businesses and on tourism and on people
10:19:01 staying at hotels.
10:19:02 There was extensive conversation again about noise and the
10:19:05 impact of noise.
10:19:06 2013, again we came forward with you on noise.
10:19:11 The three-year lead up on the discussion of noise again.
10:19:14 At this point, we had additional language regarding
10:19:18 excessive noise that are plainly audible standard being used
10:19:22 for motor vehicles relying own a case law.
10:19:28 And then we created plainly audible, and 100 feet on a case
10:19:35 of VA mortgage, and now here again after years of working on
10:19:41 this.
10:19:42 We believe that we have presented an ordinance that takes
10:19:45 both the businesses into consideration as well as the
10:19:50 neighbors and the neighborhoods.
10:19:52 So I'm certainly here to answer any questions.
10:19:54 I just wanted to make sure I gave a little bit of background
10:19:58 on how we got here today.
10:19:59 >>MIKE SUAREZ: Okay.
10:20:00 Mr. Reddick.
10:20:00 >>FRANK REDDICK: Thank you, Mr. Chair.
10:20:04 When you first made your presentation, and with some
10:20:10 modifications, you got a unanimous vote during the first
10:20:16 reading.
10:20:19 Something transpired between the first reading and where we
10:20:21 are at today, because you got a full house, and we didn't
10:20:27 have this the first reading.
10:20:30 I'm concerned -- I don't know if you had a conversation with
10:20:37 a lot of these neighborhood groups, I guess particularly in
10:20:40 the South Tampa area, about what transpired on your first
10:20:47 presentation and what you are about to do today, because
10:20:49 normally, in my experience, when we have a unanimous vote,
10:20:56 at first reading, we don't get much opposition.
10:21:01 >>MIKE SUAREZ: There's not opposition yet.
10:21:06 I see a lot of people, though.
10:21:07 >>FRANK REDDICK: So I'm trying to determine what led up to
10:21:18 all these people coming down, I guess, to express their
10:21:21 opinion and all the e-mails that we have received?
10:21:24 And one of the things that -- I will just ask you the
10:21:28 question, maybe you can answer or TPD can answer.
10:21:32 What are some of the pros and cons about the decibel level?
10:21:40 Because it seems like I'm hearing where some people, how
10:21:47 it's stated in the proposal about decibel level, and whether
10:21:52 that is useful or not.
10:21:53 So just tell me the pros and cons.
10:21:56 I think that seems to be the hangup, from what I am reading
10:22:01 and interpreting, that that could be a problem.
10:22:04 So if you can explain that to me, maybe TPD can explain to
10:22:09 me, maybe shorten some of the talking points we are going to
10:22:14 have today.
10:22:15 >> I think when you go back to 1999 and anybody who reads
10:22:21 noise and noise situations throughout the country, one of
10:22:24 the issues with enforcement of noise is trying to come up
10:22:28 with a standard or standards and deciding whether or not you
10:22:33 want to follow what's considered an objective or a
10:22:37 subjective standard, and when you read articles on noise,
10:22:42 and hear testimony from experts say describe decibel levels,
10:22:45 it's more of an objective standard, one that can actually be
10:22:48 measured from a certain place, certain distance.
10:22:50 And so the businesses or neighborhoods or officers would be
10:22:54 able to measure the actual sound of something.
10:22:58 But as you have seen after that objective standard has been
10:23:03 sort of pushed throughout the entire country and moved
10:23:06 towards, in fact, standard of decibels, what you are now
10:23:10 seeing -- and I think there was an article several months
10:23:13 ago, St. Pete was moving away from that.
10:23:15 And I think you have seen now the trend to go back to more
10:23:20 standards like plainly audible that are sort of, I would
10:23:23 say, you know, I won't categorize it but it's a standard
10:23:27 that can have some measurement but yet doesn't have the
10:23:33 decibel level reads, and I this I the problem with the
10:23:36 decibel level reads is they are always going to be subject
10:23:39 to -- while they attempt to be more objective, there are
10:23:44 also people who have problems with them and want to maybe
10:23:47 criticize the way they are measured, how they are measured,
10:23:50 where they are measured, and you have seen historically
10:23:55 conversations about those reads and how they are taken.
10:23:59 I can't tell you why the decibel levels, people are unhappy
10:24:07 or happy with them, I can just tell you that historically
10:24:10 there's been those who are for them and there's always those
10:24:13 who are sort of against them and want more of another
10:24:16 standard.
10:24:18 So I think that's a trend we are seeing across the board.
10:24:21 >>FRANK REDDICK: Do you consider the reading to be
10:24:23 reliable?
10:24:25 >>JULIA MANDELL: If I could interject myself in the middle.
10:24:29 My name is Julia Mandell, city attorney.
10:24:32 When this ordinance was originally brought to you -- and
10:24:35 goes directly to Mr. Reddick's point, it was brought to you
10:24:38 simply to revise the way in which we have the plainly
10:24:42 audible standards review under the way the code has been
10:24:45 drafted.
10:24:46 The decibel level has been in place since 99-2000.
10:24:52 From what I understand, a lot, recent concerns relates to
10:24:57 the decibel levels and that is not something that was
10:25:00 undertaken in the code rewrite nor is it something that we
10:25:02 brought forward at this time.
10:25:05 I want to make that clear, because I think if I understand
10:25:08 the questions from council, and that's a fair question, but
10:25:13 it's my understanding that the issues that they want to
10:25:15 raise relate to the decibel levels and that is not brought
10:25:19 forward to you as part of this ordinance revision.
10:25:21 So I offer you some possible options at this point before
10:25:24 you move forward, so that way you can make some decisions at
10:25:28 the end of this. You can do one of two things.
10:25:31 You could either move forward with the ordinance as it
10:25:33 stands today, after listening to public comment, because it
10:25:36 is a public hearing, recognizing that the decibel levels are
10:25:40 not in front of you.
10:25:41 And in order for us to revise at this time it needs a
10:25:48 variance review process, or continue this, go ahead and
10:25:50 bring forward the decibel level issue at this time, which I
10:25:54 would recommend you probably want to have some workshops.
10:25:57 We may need to do some additional gathering of information
10:26:01 once you have made some decisions as to how you want to
10:26:04 proceed on the decibel level issue, and then move forward
10:26:07 and hold off on these changes.
10:26:09 That is not what I recommend because the plainly audible
10:26:12 standard issue was part of the litigation we were involved
10:26:15 in.
10:26:15 We were bringing that forward at the request of council way
10:26:18 past a year ago and that issue we feel is legally
10:26:21 supportable and sustainable given the record that's been
10:26:24 created.
10:26:25 I just wanted to make this statement to council so that
10:26:28 everybody understands where we are, and where we can go, and
10:26:33 proceed forward in that way.
10:26:34 Thank you.
10:26:34 >>MIKE SUAREZ: Mr. Reddick, if you are done I am going to
10:26:37 go to Mr. Cohen.
10:26:38 >>FRANK REDDICK: Okay.
10:26:39 >>HARRY COHEN: Can I clarify, Mrs. Mandell -- because one
10:26:43 of the things about this ordinance is it's either/or.
10:26:51 It has a plainly audible standard as well as a decibel
10:26:54 reading choice.
10:26:55 Is that correct?
10:26:55 >> That's correct.
10:26:56 >>HARRY COHEN: So council has a number of different options
10:26:58 in terms of how to go forward with it.
10:27:00 And you could, like you said, leave it alone.
10:27:03 You could also actually probably take out the decibel part
10:27:07 and leave the plainly audible in.
10:27:09 Or you could have further discussions about what the
10:27:14 acceptable decibel levels are, correct?
10:27:16 We could do all those things.
10:27:18 >>JULIA MANDELL: Yes, sir.
10:27:19 And the third option you brought forward is to remove
10:27:22 decibel levels.
10:27:22 You can't do it as part of your second reading.
10:27:25 You would have to by nature of that go back to first reading
10:27:28 but that is something certainly within your --
10:27:31 >>HARRY COHEN: But if the ordinance were passed without
10:27:33 decibel levels related to that issue, then the standard
10:27:36 would be the plainly audible standard, and it would
10:27:40 basically put the onus on the police department to use their
10:27:44 judgment, correct?
10:27:46 >>JULIA MANDELL: Then the standards set forth in the
10:27:48 plainly audible portion of the ordinance would be what
10:27:50 remains left of the ordinance and there would not be a
10:27:52 decibel reading component to it.
10:27:54 But as I said in order for you to do that, that is something
10:27:57 that's not happened today.
10:27:58 It would have to go back to first reading.
10:28:00 And I would say that we want to make sure that we make folks
10:28:03 aware of that.
10:28:05 >>HARRY COHEN: I understand that.
10:28:06 I wanted to clarify because you gave us two options and I
10:28:09 think there's really three.
10:28:10 >>JULIA MANDELL: Fair enough.
10:28:12 That is a third option.
10:28:13 >>HARRY COHEN: Thank you.
10:28:14 >>YVONNE CAPIN: That's how I understood, Ms. Mandell, was
10:28:19 that in order to -- we could not remove from this ordinance
10:28:25 than the decibel level and pass it.
10:28:29 We have to go back.
10:28:31 I just wanted to make clear that's what I understood, and
10:28:34 that we did not change the decibel level has been what it is
10:28:38 since 1999.
10:28:40 Is that correct?
10:28:41 Did I understand that right?
10:28:43 >>JULIA MANDELL: Correct.
10:28:45 >>YVONNE CAPIN: Now, if we were to pass this today, we
10:28:50 could still, of course, come back and have workshops on the
10:28:54 decibel levels, and change that.
10:28:58 >>JULIA MANDELL: Absolutely.
10:29:00 >>YVONNE CAPIN: Depending on how it turns out.
10:29:02 >>JULIA MANDELL: That is correct.
10:29:03 Absolutely.
10:29:04 >>YVONNE CAPIN: Or we can continue it.
10:29:06 But if we continue it, if we continue it, can we remove the
10:29:14 decibel portion of it?
10:29:17 >>JULIA MANDELL: You can make the decision to continue this
10:29:19 item and have a further conversation about than the decibel
10:29:22 level through a workshop or however else you would like to
10:29:26 do it and either remove it or change it or do whatever it is
10:29:29 that's necessary.
10:29:30 But that's why I am saying keep in mind that was not in
10:29:33 front of you to begin with.
10:29:34 So what's really in front of you relates to the plainly
10:29:37 audible standard.
10:29:38 >>YVONNE CAPIN: Right.
10:29:39 If we can't remove it today, why can we remove it if we
10:29:43 continue it?
10:29:44 >>JULIA MANDELL: You can remove it if you turn it into a
10:29:46 first reading.
10:29:47 But I would like to change the title of the ordinance
10:29:50 which--
10:29:52 >>YVONNE CAPIN: To first reading.
10:29:53 >>JULIA MANDELL: To actually put it back in the process.
10:29:56 So it's not something that we can just make a tweak to.
10:30:00 That's a pretty significant change.
10:30:02 We absolutely need to turn this back into a first reading
10:30:05 and I would not recommend that we do that today.
10:30:07 I would want to have a new ordinance that creates within the
10:30:10 title of the ordinance the direction that you are removing
10:30:13 that portion of the code.
10:30:14 And I would want to put it on the agenda in a separate file.
10:30:19 >>YVONNE CAPIN: Thank you for clarifying that for me.
10:30:21 >>MIKE SUAREZ: Mr. Miranda?
10:30:22 >>CHARLIE MIRANDA: I just want to make a statement.
10:30:25 We received and passed around, I guess, a measurement, an
10:30:29 instrument that measures noise.
10:30:31 And I didn't want to look at it because first of all I'm not
10:30:35 qualified.
10:30:35 Second of all I never received anything from the City of
10:30:38 Tampa about noise inside this chamber.
10:30:40 A lot of hot air.
10:30:43 But what I want to say is that instrument is used outside
10:30:46 and the facilities wherever they may be in the city where
10:30:50 noise is created and that instrument, although valid, in
10:30:53 this chamber, it has acoustical ceiling which may not
10:30:57 project the noise, but it has a wall close by which would
10:31:01 bounce the noise.
10:31:02 And in this chamber it may be totally different than outside
10:31:05 the chamber and the area where that noise is being produced.
10:31:09 So it's just a measurement of instrument of time and noise
10:31:14 at that moment, not in the chamber.
10:31:15 >>JULIA MANDELL: I agree with you.
10:31:18 I think the other important point, and you will probably
10:31:22 hear us talk about this, is whether or not the noise
10:31:25 measurements that we have today are not met in this chamber
10:31:29 or somewhere else, not withstanding that was never an issue
10:31:32 in front of you as part of this ordinance process and that's
10:31:35 why I would say to you if that's something you want to
10:31:38 revisit, then you should revisit that, but in a separate
10:31:42 process, and whether or not you want to move forward with
10:31:44 the ordinance as it stands today or not is within your
10:31:47 decision making authority, but it was not something that was
10:31:51 ever in front of you.
10:31:52 Therefore it's not something that really we can take up at
10:31:55 this time.
10:31:55 >>MIKE SUAREZ: Terrific.
10:31:57 Mrs. Montelione, do you have a question?
10:31:59 >>LISA MONTELIONE: Yes.
10:32:02 We have been dealing with this for a long time.
10:32:04 The first time it came up is 2013.
10:32:07 We had lots of discussion about it in 2013.
10:32:09 And put everything on hold.
10:32:13 And now we are coming back to it after the conversations.
10:32:21 So we had conversations with residents and businesses for a
10:32:25 number of years, and I don't recall the numbers associated
10:32:28 with the decibel levels ever being challenged by anyone.
10:32:34 And all of a sudden we have got a lot of people who are, I'm
10:32:39 assuming, here to speak against those decibel levels.
10:32:43 And I agree with Mr. Miranda.
10:32:46 The readings of this device in an interior setting is going
10:32:52 to be much different than if we were outside in a parking
10:32:55 lot.
10:32:56 And the measurement of someone's voice, if you have been in
10:33:00 an apartment or condo that has a bar or restaurant nearby,
10:33:06 and people are walking to their cars and talking, even a
10:33:11 normal level sounds extremely loud in the middle of the
10:33:16 night outside your window.
10:33:19 So, you know, I would want to hear from the public, because
10:33:27 I'm sure we have people hear on both sides.
10:33:34 My question to you is the standards that we have in here --
10:33:37 and maybe Mr. Schmid from his research -- they haven't
10:33:42 changed since 1999, but are these numbers, these decibel
10:33:46 levels accepted universally in other areas?
10:33:52 Or are these much lower than other areas?
10:33:55 And where do we fall?
10:33:59 >> I will go back to 1999 when they were discussed and set
10:34:06 out.
10:34:07 If you look at the transcript of the meeting then --
10:34:09 >>LISA MONTELIONE: I'm not asking you about -- I'm asking
10:34:12 you about in comparison to other cities.
10:34:14 St. Petersburg to St. Louis.
10:34:15 >> I would say ours are pretty standard.
10:34:19 And what I was trying to explain was in 1999 when the YCDC
10:34:24 expert and the testimony came out was that 55 was standard.
10:34:27 When it was set at 10 p.m. in residential neighborhoods.
10:34:30 And so that was standard.
10:34:33 And that was the justification.
10:34:35 And that's what Siebein explained in 2003 and when I looked
10:34:41 at other cities and studied their ordinances to try to
10:34:44 compile recommendations, most cities had -- were pretty
10:34:50 standard in that in levels.
10:34:53 >>LISA MONTELIONE: So we are not out of line with these
10:34:54 numbers?
10:34:55 >> No.
10:34:56 And I would also point out that EPC's numbers for
10:34:59 residential from 10 p.m. to 7 a.m. is 55 which is where we
10:35:04 are at in the rest of Tampa.
10:35:06 >>LISA MONTELIONE: And in your opinion, if we don't have a
10:35:12 measurable number, does it make it more difficult to defend
10:35:17 in court?
10:35:20 If there's no actual physical measurement?
10:35:24 Or the audible standard?
10:35:25 I mean, I would imagine if it's just someone's opinion,
10:35:30 plainly audible, would be -- it would be less defensible.
10:35:39 Let me rephrase that.
10:35:40 It would be less defensible in court.
10:35:44 Just plainly audible than if you actually had a meter
10:35:47 reading.
10:35:47 >> I think what we have done is we have tried to take out
10:35:50 where in the past concerns, long time ago, you don't want to
10:35:55 make it too subjective so that there's not some sort of
10:36:00 ability to understand.
10:36:01 I think we have worked really hard to follow case law and
10:36:05 give something that will stand up in court, the plainly
10:36:10 audible and the standards we use.
10:36:11 They do have a definitive way of looking at it, measuring
10:36:15 it, trying to determine whether or not somebody is in
10:36:18 violation without using --
10:36:21 >>LISA MONTELIONE: So if we took the decibel out and the
10:36:25 measurement by an instrument out, we wouldn't have any
10:36:29 problem defending in court?
10:36:33 >> In a matter what we do, we probably will have some
10:36:40 challenge.
10:36:40 But we obviously brought forth something that we think we
10:36:43 can defend in court.
10:36:44 >>LISA MONTELIONE: I guess just my lay opinion is that if
10:36:48 you have got a measurement and you have got an instrument
10:36:50 that is more concrete than just somebody's opinion.
10:36:55 But that's just me.
10:36:56 That's all I have.
10:36:57 >>MIKE SUAREZ: Mr. Reddick.
10:36:58 >>FRANK REDDICK: Before you go to the public comment,
10:37:02 audience participation,
10:37:04 You know, I'm going to be supportive of this second reading
10:37:09 that we have before us, but after we hear from the public,
10:37:12 what I would like to do -- and I think Ms. Mandell made a
10:37:18 valid point, and that is, I am going to be willing to make a
10:37:22 motion to set up a workshop to deal with the decibel levels
10:37:26 so we can adequately address it in a timely manner versus
10:37:31 what we are doing here today.
10:37:32 >>MIKE SUAREZ: Yes, I will tell you to hold off on that
10:37:35 motion until after public hearing.
10:37:38 Mr. Cohen.
10:37:38 >>HARRY COHEN: Just a reminder to everyone through Mr.
10:37:41 Reddick's motion the last time, we already are having a
10:37:44 staff report on noise on the 15th regarding the noise
10:37:47 enforcement officer.
10:37:48 We might want to integrate whatever we do into that.
10:37:51 >>MIKE SUAREZ: All right.
10:37:52 Mr. Miranda.
10:37:52 >>CHARLIE MIRANDA: I appreciate everyone's attention here
10:37:56 today regarding this issue.
10:37:58 But when I see something like this and I see a big crowd
10:38:00 turning out that means that something has been going on for
10:38:03 a long time on both sides.
10:38:04 And it finally comes to a head.
10:38:08 And this should have been done years ago, worked out between
10:38:10 the businesses and the neighborhood and it never was.
10:38:15 So now the seven of us will make a decision.
10:38:17 Rightly oar wrongly.
10:38:19 So 50% of you are going to leave happy.
10:38:21 The other 50% are going to be sad.
10:38:24 The only problem is if you come back 100% will be sad
10:38:27 because most of us don't like elected officials.
10:38:30 But that's a job we have got to do and that's what we are
10:38:33 here for.
10:38:34 And we are going to hear the facts and make a decision based
10:38:38 on the facts.
10:38:38 Thank you, Mr. Chairman.
10:38:39 >>MIKE SUAREZ: Mrs. Capin?
10:38:42 >>YVONNE CAPIN: I cringe when I hear the separation of
10:38:46 neighborhood and businesses.
10:38:48 The businesses are in the neighborhood.
10:38:50 The businesses employ people from the neighborhood.
10:38:53 The businesses buy from the neighborhood, whether it's a
10:38:58 drycleaners, a florist, whatever it is.
10:39:01 So whenever I hear neighborhood association, and there are
10:39:05 no businesses part of it, it's not complete.
10:39:09 It isn't complete.
10:39:10 And when I represented district 4, which is South Tampa, one
10:39:15 of my first meetings was a neighborhood meeting.
10:39:19 I invited every business from Kennedy Boulevard to Bayshore
10:39:22 Boulevard on Howard Avenue.
10:39:26 And all the neighborhoods that surrounded it.
10:39:28 But a neighborhood includes the businesses.
10:39:31 So when they say did you meet with the neighbors, did you
10:39:34 meet with the business?
10:39:35 They need to -- that needs to be a whole.
10:39:38 And it's really -- when we talk about it, it's like you are
10:39:43 pitting one side against the other.
10:39:47 And that is not you, the you in general.
10:39:54 I agree in this ordinance here, and as I clarified with Ms.
10:40:00 Mandell was that we can then separate, which was not part of
10:40:06 this ordinance, which is the decibel, and I agree with
10:40:09 Councilman Reddick and his motion I will probably second it.
10:40:14 So I just want to reiterate to everyone again, the
10:40:20 businesses are part of the neighborhood, and neighborhood
10:40:22 homes are part of the business.
10:40:24 You purchase from them, and to not include them and not
10:40:30 include each other in your neighborhood is really
10:40:35 departmental to your neighborhood.
10:40:36 Thank you.
10:40:37 >>MIKE SUAREZ: Any other questions or comments of staff?
10:40:40 Staff, are you done with your presentation?
10:40:42 >> Yes, sir.
10:40:43 >>MIKE SUAREZ: We are going to go to the public now.
10:40:45 Before I go forward, though, had I want to make a
10:40:47 suggestion.
10:40:47 There are a number of people in this chamber and there are a
10:40:50 number of people outside upwards of 25 outside.
10:40:52 There's probably another 45 or 50 that might want to speak
10:40:56 here.
10:40:57 There is a speaker waiver form that you can sign.
10:40:59 So if you are a spokesman for someone and you are here to
10:41:02 support that spokesman, I would suggest that you get a
10:41:05 speaker waiver form which is right outside of this door and
10:41:08 have it signed.
10:41:09 And I will ask Mr. Shelby to clarify the rule.
10:41:12 You get up to one minute per speaker up to 10 minutes.
10:41:16 Correct?
10:41:16 >>MARTIN SHELBY: Anybody who signs the form gives up their
10:41:19 right to speak for three minutes but they give the person
10:41:21 who they yield their time to, they yield a minute.
10:41:24 And seven people can do that for a total of 10 minutes per
10:41:28 spokesperson.
10:41:28 >>MIKE SUAREZ: It may make it easier for you and for us.
10:41:31 I would suggest doing that.
10:41:33 If I would like to do that, we typically want people that
10:41:36 are in the chamber.
10:41:37 They will raise their hand when their name is announced so
10:41:40 that person at the podium will have that additional one
10:41:42 minute per person.
10:41:44 Just a suggestion.
10:41:46 The public can speak now.
10:41:47 Are you first, sir?
10:41:48 >>STEVE MICHELINI: Yes, sir.
10:41:51 I'm here on behalf of the SoHo business alliance, as well as
10:41:55 several other businesses who have concerns about the
10:41:58 ordinance as presented.
10:42:00 I sent a letter to you all yesterday basically outlining the
10:42:04 provisions in this ordinance that were problematic, and they
10:42:08 include items like the way and method that sound is
10:42:14 measured, making the police officers essentially your
10:42:17 enforcement unit and making them make a decision whether
10:42:21 it's based on empirical evidence or based on their opinion
10:42:24 about whether or not the source of the noise was in fact a
10:42:28 violation.
10:42:31 In 2012, you received a document as part of a special use
10:42:35 application that was done by Siebein and associates, and if
10:42:42 you look at the top line, the top line is at 80 decibels or
10:42:50 higher and that's with acoustical music.
10:42:53 That's not amplified.
10:42:54 That's fairly ordinary, patio-style music.
10:42:59 The lower line you see here is ambient noise.
10:43:03 That's general noise just on the street.
10:43:05 And you see two blips.
10:43:07 One is a bus and one is a motorcycle which far exceeds those
10:43:11 limits.
10:43:12 Your ordinance establishes sound limits which are far below
10:43:16 that, and one of the things that is of concern to the
10:43:21 businesses along SoHo in the South Howard district, and you
10:43:25 have a map in front of the podium, that shows the entire
10:43:28 commercial district.
10:43:30 It doesn't show the residential areas.
10:43:33 >>MIKE SUAREZ: We can't see it, Mr. Michelini.
10:43:36 I think we are all familiar with the SoHo district, sir.
10:43:39 >>STEVE MICHELINI: It only involves the commercial
10:43:43 property.
10:43:44 When SoHo was developed it was designed to integrate
10:43:47 residential as well as commercial property.
10:43:49 And them being in close proximity to each other.
10:43:54 What happened was -- and we went back with the property
10:43:57 appraiser to 2007 -- the taxes received on those properties
10:44:01 was 1.5 million 650.
10:44:05 In 2016 the proposed taxes on those same properties with the
10:44:08 redevelopment that's occurred is 2.365 million.
10:44:14 So the project has worked.
10:44:16 I mean, you have identified the SoHo overlay district as a
10:44:19 special district, and it's doing what it's supposed to do.
10:44:22 The problem is your standards haven't changed, and now other
10:44:25 people are in jeopardy, and all the businesses are in
10:44:29 jeopardy.
10:44:30 We respectfully request that you continue this item, give us
10:44:34 an opportunity to bring in our own experts.
10:44:36 Your standards for noise and how you measure them haven't
10:44:39 changed since 1999.
10:44:42 But all the development conditions have changed.
10:44:48 Other people will have a chance to speak, I'm sure of.
10:44:51 That I certainly could ask that those who are supportive of
10:44:54 the continuance raise their hand or stand up.
10:44:57 Well, you know, the visual stuff, if they are not going to
10:45:01 speak it's fine.
10:45:02 I will go either way.
10:45:03 But if you have a bunch of people here who want to not speak
10:45:06 and have them raise their hand, that's fine, too.
10:45:09 They can raise their hand either way.
10:45:11 Doesn't matter.
10:45:11 >> I understand.
10:45:15 Three minutes --
10:45:17 >>MIKE SUAREZ: Is the T visual is fine but if they are not
10:45:19 going to speak that's fine, too.
10:45:20 >> I was just trying to save council some time.
10:45:23 >>MIKE SUAREZ: Are you saying those folks that just raised
10:45:25 their hand are not going to speak?
10:45:27 >>STEVE MICHELINI: No, sir.
10:45:29 >>MIKE SUAREZ: Thank you.
10:45:29 Next please.
10:45:30 Who is next?
10:45:31 Anyone?
10:45:31 >> Michael Disser, 410 South Howard, 412 South Howard, and a
10:45:38 resident.
10:45:39 I think the reason we weren't here before we didn't know
10:45:44 about the first hearing.
10:45:45 So I don't think you could be kicking the can down the
10:45:49 street because we didn't know about the first.
10:45:50 We all would have been here.
10:45:52 We all have an opinion now.
10:45:55 The city didn't come out and educate us on the first hearing
10:46:00 and the ordinance at hand but you would have had the same
10:46:02 turnout the first hearing.
10:46:03 You wouldn't have voted 7-0.
10:46:06 Either continue, or, you know, address.
10:46:11 We didn't know about it.
10:46:13 There was no public notice.
10:46:15 There was no e-mail beforehand that I know of or we would
10:46:19 have been here.
10:46:20 Thank you.
10:46:20 >>MIKE SUAREZ: Thank you.
10:46:22 Next, please.
10:46:22 >> Good afternoon.
10:46:24 My name is Jeff Gigante, one of the executives of the SoHo
10:46:29 business alliance.
10:46:29 I want to echo Mr. Disser's comment.
10:46:36 We didn't understand or know about the first hearing.
10:46:38 Otherwise, I can assure you, you know, the 35 businesses
10:46:41 that make up the SoHo business alliance would have been here
10:46:44 in force to at least try to understand what was being done.
10:46:49 We have a restaurant group on Howard Avenue.
10:46:51 We represent five businesses with two more currently under
10:46:55 construction.
10:46:56 We feed a little over 100,000 people a month there.
10:47:03 We have a good feeling for what the neighborhood once was in
10:47:05 1995 before we came in and what it's grown to.
10:47:09 Doing a lot of reading on noise ordinances and their
10:47:13 challenges around the state and around the country,
10:47:18 In Virginia, in Miami, a lot of these decibel issues have
10:47:23 come under fire.
10:47:25 I agree, we shouldn't focus on the decibels, because we have
10:47:28 got a great relationship with Tampa Police Department.
10:47:31 And when they come down for noise complaints.
10:47:34 And the city attorney came down to SoHo business alliance
10:47:38 last week and educated us and we understand, we got a lot of
10:47:41 statistics like last year there were 6,000.
10:47:44 And apparently that's like the number, 6,000 noise
10:47:47 complaints in the City of Tampa.
10:47:48 So with 13 citations issued last year, this year in the
10:47:52 first quarter there was 2,000 complaints and there were two
10:47:55 citations, because the ordinance and the way it is is
10:47:58 extremely hard to defend, as the comments were made earlier.
10:48:03 We want to show you -- and we have some videos taken with
10:48:08 professional noise sound meters that I'm sure some people
10:48:10 are going to want to show you, that it's just not fair and
10:48:13 equitable to try to judge a business based on 55 DBs after
10:48:18 10 p.m.
10:48:18 I mean, I was running our professional $8,000 sound meter
10:48:22 that we rented made by the same company that the City of
10:48:24 Tampa uses for the TPD, and we were all out of compliance
10:48:29 within this room.
10:48:30 I understand there's acoustics, but you will see in the
10:48:34 videos that we e-mailed you and sent, standing on a street
10:48:38 in the afternoon with normal traffic, you are in the 70s.
10:48:42 So as well as the business district that you have with the
10:48:49 central business district and Channelside and Ybor City.
10:48:51 Their noise ordinance is 75 during the day and it goes up 10
10:48:55 DBs at night.
10:48:56 Ours is 65 during the day and it goes down 55 DB.
10:49:00 I just don't think it's fair and I think it needs to be
10:49:03 continuously and workshopped, and we are happy to show up
10:49:07 and really be a part of the process.
10:49:09 But we do believe in a noise ordinance and we want to be
10:49:12 good neighbors but this gives us no means to achieve that.
10:49:15 Thank you.
10:49:15 >> I'm David pullman, Ciccio's restaurant group, a partner
10:49:25 of Jeff's as well.
10:49:26 I would like to continue with what Mike and Jeff said, for
10:49:28 the first hearing that you guys had, we didn't know about
10:49:33 it.
10:49:33 We would have been here probably more than what's here now.
10:49:37 A lot of what you guys brought up, I don't think 50-50 would
10:49:40 leave happy, unhappy.
10:49:41 There would be a lot more unhappy people and businesses
10:49:44 leaving than residents that have issues.
10:49:47 So your point, you are right.
10:49:49 We are a community, businesses and residents need to work
10:49:52 together.
10:49:53 If businesses are up against what we are up against, we are
10:49:56 not going to be there anymore.
10:49:58 They are not going to have a community to live in and go out
10:50:00 and eat and so on and so forth.
10:50:02 So I don't think any of us are here to say that we don't
10:50:06 want a noise ordinance.
10:50:07 We are just asking for a fair one.
10:50:09 To another point that she asked if we were on par with other
10:50:12 areas.
10:50:13 If you look at Ybor, Channelside, stuff like that, they are
10:50:16 at 85.
10:50:17 If they go up after 10:00 o'clock, 55 is just unreasonable.
10:50:22 You know, a staff member at one of the local businesses did
10:50:24 make a video where he walked through a vacant aisle at
10:50:28 Walgreen's and it was 70 decibels.
10:50:31 And just out in the middle of the street at noon with one
10:50:34 car driving by at 70.
10:50:35 So 55 is just unreasonable.
10:50:37 We are just asking that, you know, everyone live in harmony
10:50:41 that we respect the neighbors and they respect us.
10:50:46 So that's pretty much where we are coming from.
10:50:50 And I think if you guys will at least consider what we are
10:50:54 proposing to you guys.
10:50:55 I also, you know, to her point she was saying that, you
10:51:00 know, there needs to be some sort of standard that everyone
10:51:06 tells and we just can't have someone come out and say I am
10:51:10 issuing a ticket.
10:51:11 Then as you said when you get to court -- there needs to be
10:51:15 some sort of measurement.
10:51:16 Again we are just asking for a fair one.
10:51:18 >>MIKE SUAREZ: Thank you.
10:51:19 Before the next speaker goes up if there's anyone that wants
10:51:21 to speak, could you stand up on the right-hand side so I can
10:51:25 get a measure of how many people we are going to have?
10:51:27 Because noise meters aren't the only thing we try to measure
10:51:31 around here.
10:51:32 I know I asked the people on the left-hand side, my
10:51:35 left-hand side, whether they are going to speak.
10:51:37 If you are going to be on that side it's fine but I want to
10:51:39 know how many speakers we have going forward.
10:51:42 Cape?
10:51:42 If you don't mind, that would be very helpful.
10:51:45 Sir.
10:51:45 >> PJ Yonnatti, I implore the council to pass the
10:51:52 legislation with the caveat to circle back on the decibel
10:51:56 meters.
10:51:57 We all talk about decibel meters. I have one on my phone.
10:52:00 But when I can hear a song through my living room at
10:52:04 midnight, no decibel meter.
10:52:07 So I do believe no one is trying to hurt these bars and
10:52:12 restaurants.
10:52:12 We want them to be successful.
10:52:15 There's only a few bad actors here.
10:52:17 Most of the bars and restaurants in this district, they all
10:52:19 comply.
10:52:20 But those who have outside amplified disco music, those are
10:52:24 the ones we have concern with.
10:52:27 As a resident here, I see a lot in the morning.
10:52:33 Things you just sign off on.
10:52:35 You see cleaning up the parking lot and the birds pick up
10:52:40 pizza.
10:52:41 We get that.
10:52:42 We accept all this.
10:52:43 But when you can hear lyrics at 2:00 in the morning that is
10:52:47 clearly a noise violation.
10:52:48 And the point of contention here is we'll seethe sit here
10:52:51 with decibel meters.
10:52:53 I was in fronts of one last night, a bar, and I was just
10:52:56 using the one on my phone pulling 82, 85.
10:53:01 And that's on a quiet night.
10:53:03 So I believe passing legislation with the understanding that
10:53:05 you circle back and work to a reasonable number.
10:53:08 Could be 70.
10:53:09 Could be 80.
10:53:10 It could be something consistent with the marketplace but it
10:53:13 should not be 110, 120 with words coming through your living
10:53:16 room.
10:53:16 >>MIKE SUAREZ: Next, please.
10:53:21 >> My name is Rubin Atuce, a resident of Hyde Park as well
10:53:28 as the owner of the Drynk in SoHo.
10:53:33 When the latest version of that noise ordinance passed I
10:53:37 think two years ago, our establishment was one of the
10:53:40 biggest violators of that noise ordinance.
10:53:42 Obviously we want to be good neighbors, want to be good
10:53:44 corporate citizens, so we met with the neighbors, met with
10:53:48 the chief of police on multiple occasions, and took a lot of
10:53:54 trial and error on our part but we were able to find a
10:53:57 material that required a sizable investment on our part.
10:54:01 We installed the material and since then we haven't had one
10:54:06 single noise complaint.
10:54:08 So obviously there are solutions out there.
10:54:11 Just doing my own research, I looked at what they were doing
10:54:14 in St. Pete. In st. Pete the business owners got together
10:54:16 with the residents.
10:54:17 They came up with a compromise, and then they were able to
10:54:20 pass a noise ordinance that satisfied really all parties.
10:54:24 And so far so good.
10:54:27 It's been working well.
10:54:28 I have to agree with some of the earlier speakers that, you
10:54:31 know, if we had known about the first reading that there
10:54:33 would be more people here.
10:54:35 We had literally a week, less than that, to obviously go
10:54:38 ahead and mobilize.
10:54:39 And the business association really isn't around as long as
10:54:45 for instance the Ybor City association.
10:54:48 So I respectfully request that the council at least move
10:54:51 this to a workshop down the road so we can all work together
10:54:54 and find a solution.
10:54:55 Obviously there has to be some sort of noise ordinance in
10:54:58 place.
10:54:59 But I'm sure we can find something that is beneficial to the
10:55:04 businesses and residents.
10:55:05 >>YVONNE CAPIN: I am just going to say this very quickly.
10:55:08 When you say you did not know about the first reading, it is
10:55:13 a law, it is public notice.
10:55:15 Whoever is representing you should have let you know.
10:55:20 Whoever you are paying should have let you know that there
10:55:23 is a first reading.
10:55:30 It is a public notice.
10:55:31 It is by law.
10:55:32 And you can find out from the clerk's office.
10:55:34 Thank you.
10:55:34 >>MIKE SUAREZ: Next up, please.
10:55:36 >> Thank you.
10:55:40 I represent specialty restaurant group at whiskey Joe's at
10:55:44 Rocky Point.
10:55:45 I just want to make clear to the council that it affects not
10:55:48 only the people that live here in Tampa but the reputation
10:55:50 of Tampa itself.
10:55:52 Let me give you a case in point.
10:55:54 We do a yearly event that benefits Shriners children's
10:55:58 hospital.
10:55:59 Over the last five years, we have donated over $150,000.
10:56:04 We book 500 hotel rooms on Rocky Point from people that come
10:56:08 on this last event came from 47 different states.
10:56:11 The reason why I bring that up is because it's important to
10:56:14 know that these people are coming from outside of Tampa into
10:56:17 our city.
10:56:17 We also have Super Bowls here.
10:56:20 We have the national football championship that's coming.
10:56:22 People that come from out of town, if we allow this decibel
10:56:27 reading to stay at 55, it will basically not only shut down
10:56:30 the businesses in SoHo but on Rocky Point also.
10:56:33 I could tell you right now that we employ over 170
10:56:38 employees, nine salaried managers, we also have another
10:56:42 restaurant here in Tampa, rusty pelican.
10:56:45 So I think when the council takes a look at this, there's a
10:56:48 lot more at stake here than what you think.
10:56:50 There's a lot of jobs, and creation and taxes to the city
10:56:54 that goes behind that.
10:56:55 So I would ask the council to take the recommendation from
10:56:57 the SoHo group, who has done a fantastic job, by the way, of
10:57:03 bringing to the council to make sure that we are very
10:57:05 diligent when we set this decibel limit at 55.
10:57:08 That's just unacceptable and unattainable and I don't think
10:57:10 any city in the United States would let that 55-decibel
10:57:14 reading stay at that and be able for their city to thrive.
10:57:18 Thank you very much.
10:57:18 >>MIKE SUAREZ: Thank you.
10:57:20 Next, please.
10:57:21 [ Applause ]
10:57:21 >> Excuse me.
10:57:26 Please do not applaud, because we are going to be going
10:57:28 through a lot of people, and it makes it a lot easier for
10:57:31 all of us.
10:57:32 Let's get through this thing.
10:57:34 Let's figure out what we are going to do next.
10:57:36 You are up.
10:57:37 >> My name is Joseph CHINO.
10:57:41 I'm a business owner in Hyde Park, live in Hyde Park, also a
10:57:44 landlord in Hyde Park.
10:57:45 What brought me here today was as a landlord I feel it's
10:57:49 incumbent upon me to protect my tenant when there's
10:57:53 something happening thank may not be fair.
10:57:55 I understand the noise ordinance and the decibel levels that
10:57:58 go along with it are a difficult issue.
10:58:00 It's been something that's been around for a long time and
10:58:03 it's something that's going to take some time to work
10:58:05 through.
10:58:05 My concern is that than the current rules are antiquated.
10:58:12 Living in Hyde Park I have seen how it's grown.
10:58:14 I love living in Hyde Park.
10:58:16 I lived there with my wife and two young children and we
10:58:18 enjoy everything with Howard Avenue, as Howard has grown,
10:58:23 et cetera.
10:58:23 I think it's incumbent upon this council to take this issue,
10:58:27 to spend the time to go and look at these decibel levels to
10:58:30 see what they mean on a practical level, to make sure that
10:58:34 whatever is decided is equitable and fair.
10:58:37 And I think to do that is going to take the time to go
10:58:41 really see what these decibel levels mean, meet with the
10:58:44 neighbors, of which I am one, meet with the business owners,
10:58:47 of which I am one, and let's come to a practical resolution.
10:58:50 I believe that this council is well equipped and fully
10:58:55 capable of doing that.
10:58:56 I think for your time.
10:58:57 >>MIKE SUAREZ: Thank you.
10:58:58 Next, please.
10:59:00 >> My name is Jane McKee.
10:59:03 I own Jane's World Entertainment.
10:59:06 I have been an entertainment agency owner for 20 years in
10:59:09 Tampa.
10:59:09 And I agree with all the gentlemen who have spoken here,
10:59:12 particularly the gentleman from Whiskey Joe's.
10:59:15 One of the things I wanted to mention, in these 20 years, I
10:59:19 have had 16 of my years with the Buccaneers, equally as long
10:59:24 with the lightning and so on.
10:59:25 And it seems to me -- and I'm a South Tampa homeowner.
10:59:29 I pay taxes.
10:59:30 These people pay taxes.
10:59:31 My performers pay taxes.
10:59:33 We all pay taxes.
10:59:35 Right?
10:59:35 And we know we keep this whole thing rolling and we know
10:59:40 from the president all the way down, doing anything that's
10:59:42 going to undermine the middle class is going to undermine
10:59:45 small business owners to corporate owners.
10:59:48 It doesn't matter.
10:59:49 It's not good for our economy.
10:59:50 It's not good for anybody.
10:59:51 We have enough other problems to solve.
10:59:53 But what I am concerned about here is looks at some of the
10:59:56 clients that I have from Jackson's to Irish 31 to the Bucs,
11:00:01 are we singling outs the smaller businesses in that SoHo
11:00:06 district and in the areas where there are primarily a great
11:00:08 deal of residents mixed in with those businesses?
11:00:12 Or am I going to have to deal with this at Raymond James
11:00:15 stadium where I do the music on every game day outside all
11:00:19 around the stadium?
11:00:20 Is this going to be something that is equitable?
11:00:23 Certainly the DB level of 55 is unrealistic.
11:00:26 I have lived in San Diego.
11:00:28 I have lived in other cities.
11:00:29 I know it's totally unrealistic.
11:00:31 But my 30 years here, this has been our point in time, Tampa
11:00:36 has become a cultural mecca for music and it wasn't before.
11:00:40 And these people know that.
11:00:41 We have the Gasparilla music festival.
11:00:44 We have Gasparilla itself.
11:00:45 We have the run.
11:00:45 We have all these events.
11:00:47 At the convention center which do things, it brings people
11:00:51 into town.
11:00:51 Our hockey championship team, okay.
11:00:53 All of those things create -- it's a brand.
11:00:58 We are no longer the little guys in the State of Florida
11:01:01 that nobody goes to.
11:01:02 We are important.
11:01:03 And those tourism dollars are important, just as important
11:01:06 as the way our residents feel, and all these business owners
11:01:10 who are working their BUTTS off to be employ people and keep
11:01:14 this economy rolling.
11:01:15 I hope you take that very seriously.
11:01:17 >>MIKE SUAREZ: Thank you.
11:01:21 Next, please.
11:01:21 >> Kimberly Davis.
11:01:25 I really like what she said.
11:01:27 I want to see a city young people as far as where I work at,
11:01:33 beach bar and restaurant.
11:01:34 We have huge concerts on Sundays.
11:01:37 And people spend their money there.
11:01:40 It also supports myself and my co-workers and my friends.
11:01:44 And everyone I'm representing now.
11:01:49 So many businesses will shut down and that affects us so
11:01:52 negatively.
11:01:53 We are the middle class.
11:01:54 And when we get shut down, our places where we are working
11:01:59 at get shut down, we are unable to pay our bills which means
11:02:02 we can't spend our money in the City of Tampa which means
11:02:05 everything affects us negatively.
11:02:08 Thank you.
11:02:08 >>MIKE SUAREZ: Thank you.
11:02:10 Next, please.
11:02:10 >> Hi. My name is Regina.
11:02:16 I'm here to talk about --
11:02:16 >> Last name?
11:02:18 >> Oh, yeah.
11:02:18 >> What's your name?
11:02:21 >> oh, Marialis.
11:02:25 I'm here today to talk about what makes our -- I moved here
11:02:30 two years ago.
11:02:34 The night life, the sports, the weather and people that make
11:02:36 the city such an attractive location.
11:02:38 I picked up everything I had, set out on my own to make a
11:02:41 new home.
11:02:43 The same can be said for thousands of young adults who moved
11:02:47 here from all over the country to attend University of South
11:02:48 Tampa.
11:02:50 The local professional athlete that choose to play here in
11:02:53 Tampa because of the outside life of the arena that provides
11:02:57 entertainment.
11:02:58 For the young business professionals to choose Tampa over a
11:03:01 concrete Jungle, of the bigger city that we are.
11:03:07 We have everything here -- I'm sorry, I'm nervous. We have
11:03:11 everything here that they have but more, and local economy.
11:03:17 The man on channel 13 had a statement that said we all have
11:03:21 to work sometimes and that's either daytime or nighttime,
11:03:26 and we in SoHo provide a nighttime life.
11:03:29 For the single mom who works at night to provide food for
11:03:33 her family, the college teen who works at night, so they
11:03:36 want to be -- wouldn't be in debt after graduation, or the
11:03:40 elementary schoolteacher who does security that night
11:03:42 because a starting teacher's salary isn't enough to start a
11:03:46 family.
11:03:47 SoHo is a wonderful place to work and live and have fun, and
11:03:54 it would only hurt everyone who works there.
11:03:56 And we as workers also help the community.
11:04:01 At the Gasparilla, St. Patrick's Day, after Cinco de Mayo,
11:04:08 we all clean up the community, and -- it passing this would
11:04:14 only hurt us.
11:04:15 Thank you.
11:04:16 >>MIKE SUAREZ: Thank you.
11:04:18 Next please.
11:04:19 >> My name is Randy Esponda, and I am here to request that
11:04:24 council continue this ordinance that's unreasonable to areas
11:04:27 like the SoHo district.
11:04:28 The new ordinance proposes that businesses operate at a
11:04:32 decibel level below normal talking levels and is not
11:04:36 sustainable day or night.
11:04:37 SoHo is viewed as one of the to destinations to eat and
11:04:40 greet in the greater Tampa Bay area and with the amount that
11:04:44 takes place through SoHo it is R, the ordinance doesn't take
11:04:50 into account the ambience noise, especially daily traffic
11:04:53 that occurs through the area.
11:04:55 The noise created just from a crowd alone that visits SoHo
11:05:00 is enough to violate both the current ordinance and the
11:05:03 proposed ordinance.
11:05:04 After taking a closer look at the noise generated from the
11:05:06 area, the businesses and SoHo, they are looking to find a
11:05:14 happy medium that is fair for everyone involved.
11:05:16 Unfortunately, the current ordinance is outdated and I hope
11:05:20 that the council will rethink this change to the one size
11:05:23 ordinance, and possibly consider SoHo as an entertainment
11:05:31 district.
11:05:32 Thank you.
11:05:32 >>MIKE SUAREZ: Thank you.
11:05:33 Next, please.
11:05:34 >>MARTIN SHELBY: Philip?
11:05:50 Are you Philip?
11:05:51 Okay.
11:05:52 Who is Julia McGee?
11:05:56 >>MIKE SUAREZ: She's going to be speaking.
11:05:58 Is that correct, Mrs. McGee?
11:06:00 >> Yes.
11:06:00 >> One extra minute.
11:06:03 >> My name is Julia McGee, a 20-year real estate
11:06:07 professional broker and 14-year resident of Oscawana SoHo.
11:06:11 I am a renter.
11:06:12 However, I am a resident, and I am also very concerned about
11:06:15 the neighborhood and what happens there, the quality of
11:06:17 life, et cetera.
11:06:20 I'm here in support of the noise ordinance passing.
11:06:22 I want to thank Mike Schmid, city staff and council for all
11:06:27 they have done on this.
11:06:28 I want to share some graphics with you.
11:06:30 That you can look at as I speak.
11:06:36 How do I raise this?
11:06:38 >>MIKE SUAREZ: There's a little dial, Mrs. McGee, towards
11:06:41 the front.
11:06:42 Your front.
11:06:42 >> there you go.
11:06:48 Move it out the other way.
11:06:49 Thank you, ma'am.
11:06:53 That's okay, we get the gist.
11:06:55 >> Anyway, this is an example of SoHo the last six or seven
11:07:04 years that have been replaced by bars.
11:07:06 And there's reasons we have gotten to this point, as Mr.
11:07:09 Reddick said, this has been bailing for a long time and
11:07:12 there's a reason for it.
11:07:15 All these bars now that used to be the laundromat, book
11:07:19 store, deli, seamstress, shoe cobbler and actual restaurant,
11:07:26 and sangria's restaurant.
11:07:29 But those have all been replaced.
11:07:31 The noise.
11:07:32 The noise situation has to do with precisely these very same
11:07:37 businesses.
11:07:39 And this shows you what I think the complaints are coming
11:07:42 from.
11:07:42 And also pointing out that this side is residential.
11:07:46 All residential, where all those businesses have been lost
11:07:49 and replaced with bars.
11:07:52 And if you look at it, the drink, they have done a better
11:07:59 job of.
11:08:00 The World of Beer.
11:08:04 I understand they are doing a better job.
11:08:06 And the Yard of Ale.
11:08:11 The SoHo, I don't get involved in that area much.
11:08:17 This is the one I have the biggest problem with.
11:08:20 DJs, I can hear them inside my condo.
11:08:24 I can hear the DJ's voices.
11:08:27 It sounds like a carnival is in our front yard.
11:08:29 They have outdoor bands.
11:08:30 They have outdoor speakers.
11:08:32 Outdoor TVs.
11:08:34 Over here, I guess there's some outdoor problems with them
11:08:38 and their music and then you have MacDinton's.
11:08:41 Lastly, the ordinance has been blatantly ignored by many of
11:08:47 these businesses.
11:08:49 The code enforcement ordinance requires the residents come
11:08:53 in direct contact with these establishments, and it's very
11:08:56 difficult in order to get enforcement to happen.
11:08:59 We want the police officers, TPD and whoever to have more
11:09:02 power to enforce these things without putting us in direct
11:09:05 conflict.
11:09:06 So it's not fun.
11:09:11 Lastly, we wouldn't have this problem if zoning were adhered
11:09:17 to.
11:09:20 This is from public records.
11:09:25 Exactly what I am showing you here.
11:09:27 SoHo tavern, which is CRG, it's a restaurant.
11:09:34 (Bell sounds)
11:09:38 I get one more minute, right?
11:09:41 I understand this is like a bar.
11:09:45 Drink and MacDinton's are the only two that are actually
11:09:49 compliant with their zoning and use as a nightclub.
11:09:52 World of Beer, zoning, restaurant.
11:09:56 Yard of ale, mixed use, retail.
11:09:58 SoHo.
11:10:02 Lodge.
11:10:02 Restaurant.
11:10:02 (Bell sounds)
11:10:05 Et cetera.
11:10:05 So these are not --
11:10:08 >>MIKE SUAREZ: That's your four minutes.
11:10:10 >> They are not compliant and that's where the problems are.
11:10:13 >>MIKE SUAREZ: Thank you.
11:10:14 We appreciate you coming in.
11:10:15 >> Thank you.
11:10:15 >>MIKE SUAREZ: Please.
11:10:23 Members of the audience, please let us continue with the
11:10:25 meeting.
11:10:26 Your name?
11:10:26 >> My name is Adam Smith.
11:10:28 I live in SoHo.
11:10:29 Actually lived there for a while.
11:10:31 Probably four years ago I came with noise complaints as
11:10:34 well.
11:10:35 And my issue is World of Beer and they have been excellent
11:10:41 owners.
11:10:42 And as you can see from this, and I know you all received as
11:10:45 well, they are actually supporting this noise ordinance as a
11:10:48 business on South Howard which goes to show when businesses
11:10:51 are willing to work with the community, the community is
11:10:53 willing to work with them, we all come to be peaceful
11:10:56 agreement.
11:10:56 I will say that SoHo business alliance standing here saying
11:11:00 oh, R oh, we definite know about this.
11:11:04 O'Connor was actually at the neighborhood meeting at the
11:11:06 library when this was discussed before first reading so he
11:11:09 did know about this.
11:11:10 Back in January, they have been on the mailing list for the
11:11:15 SoHo business alliance, and been a at all meetings.
11:11:20 You were there.
11:11:22 Since then, I have never received a single invite to any of
11:11:25 the meetings, which goes to show me that they are willing to
11:11:28 work with the residents now, and the final reading, because
11:11:34 now they realize.
11:11:38 Just remember we have been discussing this with you for
11:11:40 three years.
11:11:42 They have shown up today.
11:11:44 Thank you.
11:11:45 >>MIKE SUAREZ: Thank you, sir.
11:11:46 Next, please.
11:11:47 >> My name is Clay Daniel.
11:11:52 And the city has had a problem with loud music for 20 years.
11:11:57 And we need to solve this problem today.
11:12:00 Things travel.
11:12:01 When cars going down the road, it's different noise than a
11:12:05 boom box.
11:12:06 Boom, boom, boom, boom.
11:12:07 That bass travels.
11:12:09 And we need to take care of this problem.
11:12:11 And I am not here to criticize no one, but these people that
11:12:16 pose this, they are going to get old, they are going to get
11:12:18 a taste of this, too.
11:12:21 See what it's like.
11:12:22 People don't want to hear this noise.
11:12:23 And like Mr. Miranda said, we should have got to this
11:12:27 problem a long time ago, you know.
11:12:29 This noise is a problem.
11:12:30 It's out of control.
11:12:32 And I am not trying to hurt nobody's profits.
11:12:34 But to make money to satisfy people, you don't have to play
11:12:38 your music loud.
11:12:41 In order to be heard it don't have to be loud.
11:12:43 Just keep it where they can hear it.
11:12:46 Noise people don't want to hear.
11:12:48 Don't make it for people don't want to hear it and I think
11:12:51 people have that right, you know?
11:12:53 And I think City Council needs to do something about this
11:12:56 today.
11:12:56 We keep delaying it.
11:12:58 We keep delaying it.
11:12:59 And the city attorney came up with a good proposal.
11:13:02 We need to stick with that.
11:13:04 And we need to take care of this problem today.
11:13:06 It's out of control.
11:13:09 And you can't let profits and politics get in the way.
11:13:13 It's a society problem.
11:13:14 It's a quality of life issue.
11:13:16 We need to take care.
11:13:17 And people need to have respect for others.
11:13:20 People are want to sleep at night.
11:13:22 They don't want to hear this noise.
11:13:23 Thank you.
11:13:24 >>MIKE SUAREZ: Thank you, sir.
11:13:26 Next, please.
11:13:27 >> Hello.
11:13:29 My name is Andrew Meekins.
11:13:33 I'm actually a resident in South Tampa, SoHo.
11:13:37 I think they need to revisit the ordinance.
11:13:41 55 is the level is definitely too low.
11:13:45 Obviously that was passed in 1999.
11:13:47 The problem is some of these areas have changed.
11:13:50 I'm a real estate professional, and I have been in 2004, so
11:13:55 some of the people that come here, that specifically come to
11:13:58 these areas, because they want a mixed use area.
11:14:01 They want to be able to go out.
11:14:03 They want to be with their families, and do these type of
11:14:06 things.
11:14:09 Maybe it should be revisited, and just see if we can kind of
11:14:12 come together.
11:14:13 I believe what you said before, Tampa businesses and the
11:14:17 residents are not talking to each other.
11:14:19 And it's going to have a chilling effect all over Tampa.
11:14:22 It won't just be SoHo.
11:14:25 It's going to be Channelside.
11:14:26 It's going to be Ybor.
11:14:27 And anywhere else they decide to fill the mixed use
11:14:31 community and neighborhood.
11:14:32 You are not going to be able to go out and listen to live
11:14:35 music.
11:14:36 It's one of the reasons people come to Florida.
11:14:38 I'm originally from Texas.
11:14:39 That's one of the reasons I came to Florida.
11:14:41 It's an outside state.
11:14:43 You want to be able to enjoy that.
11:14:45 And the people that currently moving to these neighborhoods,
11:14:47 they accept that.
11:14:48 So you are going to have a lot of mismatch, a lot of people
11:14:51 that lived here before, and they are not happy with the way
11:14:55 their neighborhood has changed.
11:14:57 However, change happens whether you like it or not.
11:15:00 So we need to revisit that ordinance.
11:15:03 55 is just way too low.
11:15:05 And there's no reason for it to be 65 in the day and then 55
11:15:09 at night.
11:15:10 Because the same people that are complaining are the same
11:15:12 people that come to these events.
11:15:14 They do.
11:15:15 And some of these business owners and some of these board
11:15:18 members, obviously they clash because they have got a
11:15:21 different view of what they think should happen, and I don't
11:15:23 think there's a problem with zoning.
11:15:25 I think you guys are being very accommodating as far as --
11:15:34 because some of these areas are going to change.
11:15:36 Some of these restaurants, they do serve alcohol.
11:15:38 Some of them do have live music.
11:15:39 It brings in a different crowd.
11:15:41 And some of those people weren't here ten years ago.
11:15:44 That's all I have to say.
11:15:45 I think we need to agree.
11:15:48 >>MIKE SUAREZ: You said you lived in SoHo.
11:15:50 Where do you live?
11:15:51 >> I live in South Tampa actually close to Fremont and
11:15:54 Horatio, about four streets away from MacDinton's.
11:15:57 I do hear some of the noise.
11:15:59 >>MIKE SUAREZ: I just wanted to know what direction you
11:16:01 live in SoHo.
11:16:02 Thank you, sir.
11:16:04 Mr. Cohen, did you have a comment?
11:16:05 >>HARRY COHEN: I just want to make a statement about
11:16:07 something for clarification purposes may help everyone in
11:16:12 terms of understanding the context of part of the problem.
11:16:17 Ybor City and Channelside and downtown are subject to
11:16:21 different rules than the rest of the city, because they are
11:16:25 entertainment districts.
11:16:27 That's why the decibel levels are higher.
11:16:28 What makes the SoHo issue so complicated is that there are
11:16:32 residential neighborhoods right on tone of the commercial
11:16:34 district.
11:16:35 And the proximity is very, very close.
11:16:38 And, you know, we had the benefit up here of being exposed
11:16:43 to all of this over the past couple years, but many in the
11:16:47 audience may not understand that the standards are not the
11:16:51 same throughout the city because certain areas are
11:16:53 designated as entertainment districts, and SoHo is not one
11:16:58 of them.
11:16:58 >>MIKE SUAREZ: Thank you.
11:17:00 Next, please.
11:17:00 >> My name is David Valentine.
11:17:04 I am a resident of Tampa.
11:17:05 And just moving back actually.
11:17:08 I'm kind of looking from the outside in, and I am also a
11:17:11 manager in the SoHo restaurant bar district.
11:17:14 I am a resident of Tampa.
11:17:15 And I am in favor of a fair and equity issue to the
11:17:21 neighborhood that challenged the residents for many years
11:17:24 now.
11:17:25 I first frequented this area over 20, 25 years ago, and the
11:17:28 area has changed quite a bit.
11:17:29 Everyone knows that.
11:17:33 It is mainly due to the success of the neighborhoods
11:17:36 themselves including the businesses.
11:17:37 This is a problem of -- no way it's a good problem to have
11:17:40 in my opinion because everything has grown.
11:17:43 As other speakers have mentioned, so how is now the number
11:17:46 one entertainment district in Tampa.
11:17:50 It far exceeds the Channelside district, it exceeds the Ybor
11:17:55 district, depending on the avenue in the evening, and it
11:17:58 also exceeds the other locations within Tampa Bay that are
11:18:02 entertainment deemed or not.
11:18:04 My concern is, we have progress, including the construction
11:18:14 of highways, construction of stadiums, the construction of
11:18:17 schools.
11:18:18 Everything that deems noise is not given a fair shake when
11:18:25 it comes to what each resident has to deal with.
11:18:28 And I understand the concerns of the city and the concerns
11:18:31 of the residents.
11:18:34 What I am fearful of is that the unanimous vote did not
11:18:38 consider a sensible decision based through the testing and
11:18:41 the practice of the device itself.
11:18:43 The device is just not adequately effective in measuring
11:18:50 noise from music, noise from people, and noise from traffic,
11:18:55 as you can clearly see in the videos that have been sent to
11:18:58 you, the noise has been taken during the day as well as at
11:19:03 night, and the meter shows exactly the same, whether there's
11:19:08 music playing or trucks going by or traffic or people that
11:19:11 have previously spoken.
11:19:13 The last thing I want to say is many of the people in this
11:19:15 room work in the restaurant industry.
11:19:18 They work from 8 to 5.
11:19:20 They work 8 p.m. until 57 a.m.
11:19:23 And you don't see them complaining about lawnmowers in the
11:19:28 morning or the ice cream man at 4:00 in the afternoon.
11:19:31 I don't want the ice cream man to go away because of a noise
11:19:35 ordinance.
11:19:35 But that's where we are going if we pass sewing that can be
11:19:40 construed in a way of a measurable device.
11:19:43 The police department has done an excellent job.
11:19:46 I used to live in St. Petersburg.
11:19:48 I used to live next to a neighbor that was very unruly, no
11:19:53 condo, that happened to be across the street from the fire
11:19:55 station.
11:19:56 If I had to call the police, which I did a number of times,
11:19:59 they would go next door and take care of the issue.
11:20:03 But when I approached the issue of the fire alarm going off
11:20:07 26 times, they said you might as well move because that's
11:20:09 not going to change.
11:20:10 That's progress.
11:20:11 So if they build a fire station that makes noise in the SoHo
11:20:15 district I feel sorry for the neighbors as well.
11:20:16 When I chose to move, I moved to Davis Island where it's
11:20:20 quiet.
11:20:20 (Bell sounds).
11:20:21 >>MIKE SUAREZ: Thank you, sir.
11:20:22 I appreciate it.
11:20:24 [ Applause ]
11:20:25 As I said earlier, we are not going to have applause.
11:20:27 I will clear everyone out if that's going to happen again.
11:20:29 Please stop.
11:20:30 We are going to try to get through this.
11:20:32 Go ahead, sir.
11:20:33 You are next.
11:20:34 And I will remind the speaker that this is a public hearing
11:20:36 which means that you have to stick to the item at hand which
11:20:39 is our noise ordinance, sir.
11:20:41 >> Okay.
11:20:42 The noise ordinance.
11:20:43 Okay, I'm Ed, Ed Tillou, Sulphur Springs, which is North
11:20:48 Tampa, and of course that's away from Hyde Park but has a
11:20:51 very serious noise problem.
11:20:52 And I brought this along.
11:20:56 But this then throws into question whether people, you know,
11:21:02 they don't feel they were noticed.
11:21:03 I mean, you don't have to be Jan Platt to realize the
11:21:08 importance of reading.
11:21:08 So anyway, what's happening up in North Tampa is not
11:21:14 stationary noise but it vehicle noise.
11:21:17 It's moving vehicles.
11:21:18 But I still think the Tampa PD could get a handle on that.
11:21:23 All they have to do is go up to Nebraska and Fowler, sit up
11:21:28 on the corner, have a couple of mobile police, and they can
11:21:31 call them on the radio and say, oh, it was a red Honda.
11:21:35 Oh, it was a white Mustang, as if people there don't know
11:21:39 but you have the documentation right then and there.
11:21:41 Another place around Chamberlain high school.
11:21:44 So much for the students of Chamberlain high school being
11:21:48 taught to be good citizens.
11:21:49 I think they are a big part of it.
11:21:51 Another place is Hillsborough and Lois, we'll say.
11:21:54 These are all places with serious noise problems that are
11:21:59 stationary noise problems.
11:22:00 Maybe 55 is a little low.
11:22:02 But regarding noise problems, I had an earlier exposure to
11:22:06 this because my dad's house was right around Idlewild
11:22:10 airport.
11:22:11 Was renamed Kennedy airport.
11:22:13 But the thing is, it was about 50 feet high.
11:22:18 It was horrible.
11:22:19 Anyway, the new people that moved into the neighborhood
11:22:23 dropped in gear and they went to meetings like this and they
11:22:26 complained and complained and complained.
11:22:27 I didn't think it was fair because they knew that airport
11:22:30 was there when they moved there.
11:22:34 The older residents who were there before the airport.
11:22:37 I think there's a little bit of that.
11:22:39 Because the thing is that if you look, you would say, well,
11:22:43 Hyde Park has people that have lived there for a long time
11:22:49 so maybe it needs to be lower.
11:22:52 On the other hand, some guy came from Channelside and was
11:22:55 complaining about the noise but he moved there.
11:22:57 He knew how it works.
11:22:59 And Ybor City is somewhere in between.
11:23:01 Of course there's a lot of older residents that have been
11:23:04 exposed to the increasing noise levels.
11:23:06 But more and more, Tampa is becoming a good place to visit,
11:23:10 but a horrible place to live.
11:23:12 And when I go back north, Baltimore and D.C., I'll be
11:23:16 telling a lot of people that, because they used to ask me
11:23:19 when I moved up there from Pinellas County, oh, what's it
11:23:22 like down there?
11:23:23 And I said, well, I could tell you, that I don't know about
11:23:26 Tampa but I know about Pinellas.
11:23:28 And Pinellas is a horrible place.
11:23:30 And a lot of people went, oh, they were thinking about
11:23:33 moving there.
11:23:34 But now I know what Tampa is like and I say, well, Tampa is
11:23:37 kind of a mixed bag but there's a lot of problems, one of
11:23:40 which is noise, blah-blah-blah, this and that.
11:23:43 (Bell sounds).
11:23:45 >>MIKE SUAREZ: Thank you, sir.
11:23:46 >>CHARLIE MIRANDA: If it's so bad, why do you come back?
11:23:51 >> I came back --
11:23:53 >>CHARLIE MIRANDA: No, no.
11:23:54 That was rhetorical.
11:23:55 >>MIKE SUAREZ: Let everyone have a chance.
11:23:58 Go ahead, sir.
11:23:59 >> How are you doing, everyone?
11:24:02 My name is a Andrew Parker, general manager at the lodge in
11:24:06 South Tampa.
11:24:07 Thank you for the honor.
11:24:10 I'm not worried as much as these guys about the 55-decibel
11:24:15 meter that you guys are logical enough to understand that's
11:24:19 way too low.
11:24:24 Workshop, table it for another time.
11:24:26 What I want to talk about is I agree with Mrs. CAPON.
11:24:36 >>YVONNE CAPIN: Capin.
11:24:38 >> But we want to be involved more with the neighborhood.
11:24:41 We are the neighborhood.
11:24:42 The neighbors are the neighborhood.
11:24:44 We need to come together.
11:24:46 That will be cool.
11:24:47 We have a soho business alliance and we have a neighborhood
11:24:52 watch and a neighborhood meeting, but it's just adversarial.
11:24:58 We can hug it out. That would be cool.
11:24:59 Also, to address Mrs. McGee, she has an issue with us mainly
11:25:05 because we are the closest to her.
11:25:10 I believe that's why we have done -- I don't want to say we
11:25:13 have bent over backwards but we comply with everything we
11:25:16 need to do, mitigation, changing speakers.
11:25:19 She said we have speakers outside.
11:25:21 We do have speakers outside but we don't play them after 6
11:25:25 on Sunday and after 10 p.m. on other nights unless there's a
11:25:31 game.
11:25:32 You want to listen to the game.
11:25:34 We also have TVs outside but you want to be able to sit
11:25:38 outside and watch TV.
11:25:40 The neighborhood defines what businesses are successful.
11:25:43 So she painted a picture --
11:25:47 >>MIKE SUAREZ: If I could interrupt you for a second.
11:25:50 Don't make it about one individual.
11:25:51 This is about the noise ordinance.
11:25:52 And not just your organization but the entire ordinance.
11:25:56 If you would stick to that, that would be great.
11:25:58 Thank you, sir.
11:25:58 >> So what happens no neighborhood is the neighbors decide
11:26:04 what businesses are going to be successful.
11:26:07 Our businesses, we don't come in and push out other
11:26:09 businesses.
11:26:10 They sell them because they are not making money or they
11:26:13 want to retire or whatever.
11:26:14 The neighborhood, the clients that we have, the citizens
11:26:17 that we have, they decide what's going to be busy, what's
11:26:21 going to be profitable.
11:26:22 And in the SoHo district, it's bars.
11:26:26 It's restaurants.
11:26:27 I also want to thank TPD for keeping a level head, knowledge
11:26:33 logical.
11:26:34 Out of 6,000 complaints they have written 13 violations.
11:26:47 Again I want to reiterate that we come together again versus
11:26:54 businesses and neighborhoods.
11:26:55 Thank you.
11:26:55 >> Good morning.
11:26:57 David Anderson, born and raised in Tampa, Florida.
11:27:00 And I strongly oppose this ordinance.
11:27:04 I realize today is more about the district.
11:27:07 However next weekend I will be opening a large restaurant
11:27:10 and bar in downtown Tampa with a large patio, and that could
11:27:13 directly affect my livelihood and 360 of our employees that
11:27:18 is set to open next week.
11:27:19 I believe the way we are taking the measurements is entirely
11:27:22 too low.
11:27:23 I could be on my patio playing my guitar Friday at 4 p.m.
11:27:27 and I could get shut down.
11:27:29 I don't think that's reasonable.
11:27:31 I'm hoping that we take a step back and find a proper way to
11:27:35 measure this.
11:27:36 Thank you.
11:27:36 >>MIKE SUAREZ: Next please.
11:27:41 >> My name is Richard Smith.
11:27:44 I have one quick thing to say.
11:27:45 Seems to me like the right thing to do is to do what's going
11:27:49 to help the most amount of people.
11:27:51 It feels to me like the majority of people in this room
11:27:54 would be helped in this ordinance is not passed.
11:27:56 But if this ordinance is passed it's going to help a small
11:27:59 group.
11:28:00 But the majority of the people here would not be helped.
11:28:04 Thank you.
11:28:05 >>MIKE SUAREZ: Thank you.
11:28:05 Before we go forward I want to make sure is there anyone
11:28:09 else that would like to speak on this ordinance before we
11:28:11 move forward with our next speaker?
11:28:12 I think we have two people that want to speak on this side.
11:28:15 Is there anyone else either inside this chamber or who has
11:28:18 been sitting outside the chamber that has not spoken that
11:28:21 would like to speak on this ordinance?
11:28:22 If so please try to line up along hear.
11:28:25 If you are not going to speak, please move towards the back
11:28:27 or move to one of the chairs so I know exactly how many
11:28:30 people are going to be.
11:28:31 So hang on before you go.
11:28:33 It looks like I have one, two, three, four.
11:28:36 Anyone else?
11:28:38 Please line up if you are going to speak.
11:28:40 That hasn't spoken before.
11:28:42 Just make sure.
11:28:47 All right, sir in the blue shirt, you look like you are the
11:28:49 last one to speak before we go forward.
11:28:53 And I will wait until someone comes up, if there's anybody
11:28:57 on the outside.
11:28:59 In a one else?
11:29:00 Okay.
11:29:00 Sir, in the blue shirt at the end, blond hair, blue shirt,
11:29:03 you are the last speaker on this item.
11:29:05 Thank you.
11:29:06 Sir.
11:29:07 And you get no reward for that but thanks for being the last
11:29:09 one.
11:29:10 Sir, you are next.
11:29:11 >> My name is Gordon Schiff, and I represent Mr. and Mrs.
11:29:17 Tom L. Rankin.
11:29:19 I'm here today just to say a few words.
11:29:22 I would like to remind council that the purpose of this item
11:29:24 was brought to you in the first place was to strengthen and
11:29:27 protect residents, but with regard to my client, they live
11:29:32 in Ballast Point, a very quiet tree-lined area.
11:29:36 And it would be something that would be very bad for Ballast
11:29:39 Point to weaken your noise ordinance in such a quiet area.
11:29:44 So I would suggest to council that you fulfill the purpose
11:29:48 that this started with, which was to strengthen and protect,
11:29:52 and that you make sure you protect areas like Ballast Point,
11:29:56 which are very quiet as they are today.
11:29:57 >>MIKE SUAREZ: Thank you.
11:30:00 Next, please.
11:30:01 >> Alysse Bastille, where Ashley drive.
11:30:08 I represent business and neighborhoods in various
11:30:11 jurisdictions throughout the City of Tampa.
11:30:13 And I'm here to actually try to offer a solution and
11:30:16 suggestion rather than tell you why the ordinance doesn't
11:30:20 work.
11:30:21 The purpose of the ordinance set forth in the proposed draft
11:30:24 before you is to protect the health, safety and welfare of
11:30:28 its citizens.
11:30:29 So my concern is, why is my health, safety and welfare less
11:30:36 important than anybody else in a different jurisdiction.
11:30:38 So I ask you to look at this as a long-term ordinance.
11:30:41 I think perhaps why we have had struggles since 1999 is we
11:30:44 are taking snapshots of the City of Tampa.
11:30:47 1999, 2003.
11:30:49 We are going to continue to evolve.
11:30:50 We are going to continue to develop.
11:30:52 Different jurisdictions are going to go through
11:30:54 transitions -- transitions.
11:30:58 So looking at this more globally might be something to serve
11:31:01 the city, businesses and residents more than looking at
11:31:04 Rocky Point or SoHo or Ybor City but what's in the best
11:31:08 interest of the City of Tampa?
11:31:09 There are many jurisdictions throughout the country in a
11:31:11 have different sound ordinances that are tied specifically
11:31:14 to zoning, whether it's residential, whether it's
11:31:16 commercial, whether it's industrial.
11:31:18 And they set those standards for how it's zoned.
11:31:21 Then you as City Council get to determine where is that
11:31:23 appropriate? What are the appropriate patterns?
11:31:28 I would just suggest if you workshop this, if you have
11:31:30 further discussion, you take that into consideration and
11:31:33 consider looking at that as a possible solution to us and
11:31:37 for the entire city.
11:31:38 Thank you.
11:31:38 >>MIKE SUAREZ: Thank you.
11:31:40 Next, please.
11:31:41 >> My name is Barry O'Connor.
11:31:48 I'm also a Tampa resident.
11:31:51 I'm here today not to speak in opposition to the orthopedics
11:31:54 but to see if we can come to some better understanding and
11:31:57 work together as a lot of people echoed, the workshop.
11:32:02 I did attend a meeting at the public library.
11:32:07 It was my understanding that City Council, the city
11:32:12 attorney, Mr. Schmid, I thought it was going to be a
11:32:19 workshop and not -- like the rest of the business owners we
11:32:25 didn't know there was going to be a first meeting and first
11:32:28 vote.
11:32:28 It was brought to our attention by Steve Michelini.
11:32:32 It passed 7-0.
11:32:34 That's why we are here in opposition today.
11:32:36 We do want Tampa noise ordinance, but better and more fair
11:32:39 one.
11:32:40 Thank you.
11:32:41 >>MIKE SUAREZ: Thank you.
11:32:42 Next, please.
11:32:42 >> Hello.
11:32:47 My name is Jennifer -- SoHo and one of the bartenders there.
11:32:52 I want to say this quick point, that I was standing out in
11:32:56 the lobby for a few moments, actually a while, while waiting
11:33:01 to come in here and enjoy this little meeting here, and even
11:33:04 just out there with 30 people that were out there was, I'm
11:33:09 sure, higher than the 50 or 06 decibels, and even out there,
11:33:14 had to be quiet.
11:33:17 On a normal day in a normal room, not considering the sound
11:33:21 bounce with the audible sound, or with a tool, then a patio
11:33:29 business in our area of SoHo which is a big source of
11:33:33 revenue for our businesses.
11:33:35 All of our patios, like there's a lot of us that bartend,
11:33:40 that's a big part of our income.
11:33:41 And just stating that we should probably take a look at the
11:33:46 level.
11:33:49 We are not opposed to coming to a certain conclusion that is
11:33:54 best for everybody, because we definitely want to support
11:33:57 our neighbors.
11:33:57 >>MIKE SUAREZ: Thank you so much.
11:34:02 Next, please.
11:34:02 >> My name is Brian Figliero, catering, and also part of one
11:34:15 of the downtown locations that's opening next week.
11:34:18 I understand a lot of the concern here is about SoHo.
11:34:20 But I think the main concern is to address our city, you do
11:34:27 have the millennials. I was born and raised here in Tampa.
11:34:33 If you look at where Tampa inner city was five years ago,
11:34:36 ten years ago, and where we are today, there's no doubt
11:34:39 something has changed in our city and if we wanted to
11:34:41 continue to bring in millennials, continue to provide the
11:34:44 experience that we are providing and bringing in more
11:34:46 corporations or headquartering here in Tampa, we need to
11:34:50 seriously consider this ordinance and what it's doing, not
11:34:52 only for the businesses that are in those areas, but what
11:34:56 it's doing for the experience that we are providing as a
11:34:59 city.
11:34:59 I think a lot of people have done a good job describing the
11:35:03 ordinance and issue they have with the ordinance.
11:35:05 But I would like you to take into consideration also the
11:35:07 growth of our city and what we are trying to accomplish as
11:35:11 Tampa.
11:35:12 Thank you.
11:35:12 >>MIKE SUAREZ: Next, please.
11:35:16 And before you speak, this gentleman is going to be the last
11:35:18 one.
11:35:19 There is a guy with glasses and a black tie and shirt that
11:35:22 was in line that went to sit down.
11:35:24 I want to make sure if you don't want to speak, that's fine.
11:35:27 But you were in line.
11:35:29 He is our last speaker.
11:35:30 Is there anyone else that wants to speak that is either
11:35:33 outside, inside, but is not the gentleman in the blue shirt
11:35:36 to my right is going to be the last speaker.
11:35:39 I apologize.
11:35:40 >>Are my name is mark us winters, one of the owners much
11:35:43 MacDinton's Irish pub.
11:35:46 And I work along with a lot of people in the room here.
11:35:49 I also employ quite a lot of people in the room.
11:35:52 People who worked at 4:00 this morning and come here today.
11:35:56 But I originally don't come from this area.
11:36:00 I came from Ireland.
11:36:01 It's very green.
11:36:04 We get a lot of rain.
11:36:05 I live in Florida.
11:36:06 The weather is beautiful.
11:36:07 I like to be outside.
11:36:08 I don't want to sit inside.
11:36:11 People come to MacDinton's.
11:36:14 If this regulation goes through when you ask people oh to
11:36:17 keep the conversation at noise levels, if three or four
11:36:24 people are in the conversation their level is going to go
11:36:27 over 55.
11:36:28 Traffic.
11:36:29 We sent a video out to a lot of you members that one of my
11:36:34 managers made.
11:36:35 Cars making a level of 75 decibels.
11:36:39 We don't have to stop asking cars to drive up and down
11:36:44 Howard because they are making too much noise.
11:36:46 I am not against a noise ordinance and I thank you for all
11:36:49 the hard work that you have done, too, but I think we need
11:36:53 to revisit the ordinance.
11:36:54 We would love to come together, and work with you guys as
11:36:58 best we can, just to come up with an agreement that works
11:37:01 for everybody.
11:37:04 Thank you for your time.
11:37:05 I appreciate it.
11:37:06 >>MIKE SUAREZ: Thank you.
11:37:08 Sir, you are now our last speaker.
11:37:13 That doesn't apply for the end of the day but thank you.
11:37:15 >> 93067 A
11:37:21 I agree with Marcus.
11:37:23 I think that 55, it's far too below normal parking levels.
11:37:30 There's a lot of ambient sounds on South Howard.
11:37:33 As it is, I feel we would be out of compliance even if we
11:37:36 weren't open.
11:37:37 I think we should be considered entertainment district like
11:37:41 Channelside or Ybor.
11:37:44 We are far busier than Channelside.
11:37:46 That's just a fact.
11:37:47 And there's a lot of residents in Channelside as well.
11:37:53 I used to work in Channelside, full power is residential
11:38:03 condos.
11:38:05 And I know there's a lot of residential in Ybor as well.
11:38:08 I feel that we should be considered an entertainment
11:38:12 district and should be held up to the same standards that
11:38:17 Ybor and Channelside are.
11:38:22 That's pretty much it.
11:38:25 (Laughter).
11:38:26 >>MIKE SUAREZ: Thank you, sir.
11:38:27 I appreciate it.
11:38:28 One last call.
11:38:29 Since there's a lot of bar owners here, last call for any
11:38:32 kind of public -- okay.
11:38:35 Sir, you are up.
11:38:36 Is there anyone else that wants to speak on this item?
11:38:39 Please come forward.
11:38:41 You are my last person.
11:38:43 Sir.
11:38:43 That's it.
11:38:44 In a one else can come forward.
11:38:45 >> I appreciate the second chance here.
11:38:49 I was reluctant to come and speak because I am a resident in
11:38:52 downtown St. Pete.
11:38:53 My name is Pete BOLUS, kind of new to Tampa.
11:38:58 Very proud resident of St. Pete but very proud to be part of
11:39:00 the SoHo business district.
11:39:02 And what a lot of the others have said up here, as someone
11:39:08 who lives in downtown St. Pete and who has, you know,
11:39:11 frequented a lot of night spots on both sides of the bay,
11:39:13 the SoHo district is the district on either side of the bay.
11:39:19 For it to be not considered entertainment district is a
11:39:22 joke.
11:39:22 And to look around compared to Channelside, Ybor, even
11:39:25 downtown St. Pete, we have a driving business scene down
11:39:27 there.
11:39:28 SoHo draws more people.
11:39:29 And it's been, you know, the good work of you guys up here
11:39:32 on council over the years and the work of all of this
11:39:35 business owners and employees.
11:39:36 And also a lot of the residents want to have their cake and
11:39:41 eat it too.
11:39:41 They want to benefit from the increased property values with
11:39:44 all these bars and restaurants have brought.
11:39:47 On sow Howard but they don't wanted to deal with what combs
11:39:51 from that.
11:39:52 I want to let you know that we work really hard in St. Pete
11:39:55 to work with the residents to build a good sound ordinance.
11:40:00 I live near the shuffleboard courts.
11:40:02 There's a lot of stuff going on there on Friday and Saturday
11:40:05 nights.
11:40:05 It's part of the deal of being in this work, live and play
11:40:08 environment.
11:40:09 And it just needs to be considered.
11:40:11 Thank you.
11:40:11 >>MIKE SUAREZ: Thank you.
11:40:13 Okay.
11:40:14 Mr. Grandoff, are you coming to speak as a member of the
11:40:17 public?
11:40:17 >>JOHN GRANDOFF: On behalf of a client.
11:40:19 >>MIKE SUAREZ: Okay.
11:40:20 The reason I said that is I just repeated several times that
11:40:23 that gentleman would be the last one.
11:40:25 >>JOHN GRANDOFF: I apologize, Mr. Chairman.
11:40:27 I was outside the chambers.
11:40:28 >> You should never be more busy than to be in here, sir.
11:40:31 But I will let you be the last word.
11:40:33 >>JOHN GRANDOFF: I will certainly take heed.
11:40:35 >> In order to save my record I will let you go forward.
11:40:38 >> I will be very brief.
11:40:39 Good morning, members of council, Mr. Chairman.
11:40:41 My name is John Grandoff, suite 3700 Bank of America Plaza.
11:40:46 I'm here on behalf of Howard and Morrison LLC, the owner of
11:40:50 the northeast corner of Howard and Morrison, a new building
11:40:54 under construction, mixed use project, which will have
11:40:58 restaurants on the bottom floor and retail, as well as
11:41:02 residents living there.
11:41:04 The restaurant concept is going to be a cafe style
11:41:08 restaurant concept, open air on Howard Avenue.
11:41:11 And our clients are very concerned that the enforcement of
11:41:14 the ordinance may be based upon vague or overbroad
11:41:18 provisions in the ordinance.
11:41:20 And I think the best way to flesh that out to would be to
11:41:23 have the workshop that you are planning to have, but have
11:41:26 the noise consultant provide a demonstration to you here in
11:41:30 the chamber, instead of a discussion over words and parsing
11:41:34 words back and forth, and pro and con.
11:41:38 I think you should have a laboratory, a noise laboratory of
11:41:42 exactly how these devices will work, mimic or demonstrate
11:41:48 the noises that would be at issue, whether it's music,
11:41:51 automobile sounds, barking dogs, casual conversation, live
11:41:58 music, music in the background.
11:42:00 Get the whole spectrum of what could be involved, because I
11:42:04 think what you will do is you will help your police force
11:42:06 enforce the ordinance.
11:42:08 You will certainly give comfort to the residents that are
11:42:11 concerned about the ordinance and will it be enforced, and
11:42:15 you will lastly benefit those who are most affected by the
11:42:19 ordinance, the property owners on Howard Avenue.
11:42:21 So they will have comfort in knowing how it will be
11:42:23 enforced.
11:42:24 What I don't think should happen is you shouldn't have an
11:42:26 ad hoc enforcement process in the field, because
11:42:34 constituents are going to call you and say it's not working.
11:42:38 You will know that it worked because you will have had the
11:42:41 laboratory and the workshop and say we understand how it's
11:42:45 going to work, you have to let it operate.
11:42:47 I just ask that you firmly get your arms around the issue
11:42:50 and how it's going to work and it will work for the best for
11:42:52 everyone.
11:42:53 Thank you.
11:42:53 >>MIKE SUAREZ: Thank you.
11:42:55 Public comments are closed now.
11:42:57 Mrs. Capin, if you could go forward.
11:42:58 >>YVONNE CAPIN: [Off microphone.] thank you.
11:43:01 I took several notes here.
11:43:03 I was a small business woman all my adult life.
11:43:07 Until I came to City Council.
11:43:09 So I understand small business.
11:43:11 Are nose is to the grind stone.
11:43:13 You do not lift your head.
11:43:17 You work and work and work.
11:43:18 And if you have to, you clean the toilets, sweep the floors,
11:43:21 mop them, whatever needs to be done.
11:43:23 I completely understand the business mentality.
11:43:26 And the business model.
11:43:27 I also want you to know that when I was first appointed, I
11:43:31 represented district 4, which is Tampa SoHo district falls
11:43:36 in there.
11:43:37 And I decided one night at dinner, my late husband was with
11:43:42 me, and I said, now what?
11:43:44 I keep hearing this on South Howard.
11:43:46 I am going to go walk it.
11:43:48 And I didn't tell anyone except I called our detective here
11:43:54 and asked him to help me contact one of the officers that
11:44:00 was in charge of SoHo.
11:44:03 I was there till 3:30 in the morning walking.
11:44:09 This is two weeks after I was appointed.
11:44:12 In 2010.
11:44:13 Here we are in 2016.
11:44:17 There were places that were extremely loud.
11:44:20 But by and large it was more noise of people speaking,
11:44:26 talking.
11:44:27 And I also will tell you this.
11:44:31 I have lived in a corner on Azeele and Westshore which has a
11:44:36 traffic light.
11:44:37 And that noise is way, way harder when a car REVs up and
11:44:44 stops, and I have a place near the expressway on the water
11:44:49 in St. Pete, and that expressway is less -- it's more like a
11:44:57 white noise because the cars are just constantly moving.
11:45:00 So when you talk about cars and when you brought up that 80
11:45:04 decibels for motorcycle or bus, that 80-decibel might be
11:45:07 that motorcycle, that bus, but it isn't going on for hours.
11:45:10 There's a difference there.
11:45:14 You know, 55 decibels in a place for 17 years.
11:45:25 So when you are speaking against it, your businesses are
11:45:29 thriving.
11:45:29 And it's been 55 and it is at 55.
11:45:33 You know, this area is thriving.
11:45:37 Now, I am not saying, as I said before, that I would support
11:45:42 my esteemed colleague, Councilman Reddick, and his motion
11:45:47 that we go forward and bring back the decibel conversation.
11:46:00 Now, when it comes to outdoor amplification, everybody knows
11:46:04 where I stand on that one.
11:46:09 I wrote all over this thing.
11:46:12 And, you know, I know that we want everybody to come to
11:46:16 Tampa.
11:46:17 We want people of all spectrums of the age group.
11:46:21 But just to let you know, the people that have the most
11:46:26 discretionary income are Gen Xers and baby boomers.
11:46:31 So everybody knows.
11:46:33 Now, the millennials will be going up that ladder, too.
11:46:41 So I want to reassure the business owners and the residents,
11:46:44 and as I said before, it needs to be a whole, and it hasn't
11:46:47 been.
11:46:48 That was in 2010.
11:46:50 When I had that community meeting, which again was a month
11:46:53 after I had been appointed, one of the city attorneys was
11:46:57 with me, and she had to stand up to tell the business owners
11:47:04 and the neighborhood that I was there to hear what they had
11:47:06 to say.
11:47:11 And I was attacked at that meeting, I was -- you know, being
11:47:19 a month in this job was just amazing to me that the people
11:47:25 did not understand what was trying to be done.
11:47:29 That's the only time that I know of that a City Council
11:47:35 person called for the neighborhood and the businesses to be
11:47:38 there together.
11:47:40 Now, neither one knew that they had been called, but they
11:47:43 had been.
11:47:44 The letters all went out.
11:47:46 And since then, it's been SoHo business district, you know,
11:47:51 the Oscawana neighborhood, and the other one, it isn't going
11:47:56 to work.
11:47:58 That model is not going to work: And whoever came up with
11:48:02 it, you need to rethink that really seriously.
11:48:05 And when you talk about MacDinton's and they can't talk,
11:48:09 MacDinton's is approved for 700 people.
11:48:12 700 people talking is going to be, you know, off the charts.
11:48:17 But what happens too is when you raise that decibel, people
11:48:21 speak louder, because they need to be heard.
11:48:24 So it becomes a catch-22.
11:48:29 I don't want to be here and have the businesses think that
11:48:36 we are holding them whose Tampa International.
11:48:38 That's not -- you know, businesses are the epicenter of the
11:48:44 neighborhood.
11:48:44 The income that comes into those neighborhoods is
11:48:46 extraordinary.
11:48:47 With the wholesalers that are -- it just goes own and on and
11:48:52 on, all businesses benefit the neighborhood.
11:48:56 So that's my statement.
11:48:58 I am going to go ahead and -- if Mr -- after council members
11:49:07 speak, if Councilman Reddick makes his motion I will second
11:49:11 it, and also, I think he will also add that we will visit
11:49:14 the decibel.
11:49:17 And, you know, Ybor, we could talk about Ybor.
11:49:20 Ybor's decibel -- and we are talkings 99.
11:49:24 Ybor, when all of Ybor decided to be an entertainment
11:49:28 center, nobody lived there.
11:49:29 Nobody.
11:49:29 There weren't even businesses there.
11:49:31 Which happened.
11:49:35 So that's how Ybor came about.
11:49:37 Then the gentlemen who spoke about downtown, downtown is
11:49:40 different from the rest of the city.
11:49:43 That's just me and I want you all to know that I am a small
11:49:47 business -- and I am still a small business woman.
11:49:49 Thank you.
11:49:49 >>MIKE SUAREZ: The order is now Mrs. Montelione and Mr.
11:49:52 Cohen after that.
11:49:53 >>LISA MONTELIONE: And Christine is going to help me out.
11:49:57 >>MIKE SUAREZ: I thought Christine was going to be the one
11:49:59 to speak to it.
11:50:00 >>LISA MONTELIONE: Christine might want to speak.
11:50:02 >>MIKE SUAREZ: And she might want to.
11:50:03 >>LISA MONTELIONE: Thank you for the assistance, Christine.
11:50:06 So today, most everyone we heard from, not all but most
11:50:10 everyone we heard from was from SoHo.
11:50:14 And I asked Christine to put this slide up, which was from a
11:50:18 previous presentation we had during the first reading.
11:50:23 And I think we had that a couple of years ago, same
11:50:26 presentation.
11:50:28 And that map shows where all these calls for loud music
11:50:33 disturbances are coming from.
11:50:35 So everyone that's here to talk about SoHo, this ordinance
11:50:39 covers the entire city.
11:50:41 It is not about one district.
11:50:45 And you can see the areas that are heavily concentrated.
11:50:53 These are calls from January to April of 2016 by district,
11:50:58 Tampa police district.
11:51:00 District 2 covers my district of North Tampa and New Tampa
11:51:07 and Tampa Palms.
11:51:08 It also covers Seminole Heights and other areas as well.
11:51:12 And you can see there's only one more call in district 2
11:51:17 than there is in 1.
11:51:20 So this isn't about business owners in SoHo.
11:51:23 We are not trying to close anybody down.
11:51:25 We are not trying to stop you from being profitable.
11:51:29 We are trying to address an issue that is city-wide.
11:51:33 And when clay Daniels, who brought this up, I don't know how
11:51:38 many years ago, and has been dogging this issue for years
11:51:41 and years and years, he's from East Tampa.
11:51:45 The issue is, you know, inform Hall of Fame him, are
11:51:48 people's homes when they have house parties and they are
11:51:51 really, really loud, or driving down the street with their
11:51:55 stereos and really, really loud.
11:51:57 I have to tell my own boyfriend to tell the radio down
11:52:01 because he likes heavy metal music and he plays them really,
11:52:04 really loud.
11:52:05 And I have asked him, turn it down, it's late.
11:52:07 And he said, yeah, I know, heavy metal music, I can
11:52:11 understand, but welcome to my world.
11:52:14 So, yeah, his preferred band is split KNOT.
11:52:20 The noise ordinance, Miss Capin mentioned that everybody
11:52:25 knows where she stands as far as outdoor amplified sound.
11:52:29 And she and I have agreed to disagree on a lot of issues,
11:52:35 and that's one of them.
11:52:36 So when we have rezoning hearings, or special use hearings
11:52:40 for alcoholic beverage, and, you know, she's requesting
11:52:44 oftentimes that the outdoor amplified sounds either stop at
11:52:51 10 or 11 or sometimes midnight, depending on where in the
11:52:54 city this establishment is that comes before us.
11:53:00 I, on the other hand, have always said, in a, don't agree to
11:53:03 that, because we have a noise ordinance that is your
11:53:10 establishment or in your neighborhood something gets too
11:53:12 loud and it's obnoxious in the middle of the night, you can
11:53:15 call TPD and they can enforce the noise ordinance.
11:53:18 We don't have to, by every single rezoning or special use
11:53:24 application, put it on the site plan that you are not
11:53:27 permitted to have outdoor amplified sound after 10 or 11 or
11:53:32 12, whatever the case may be.
11:53:34 So either you work with us, businesses and residents alike
11:53:41 to have a noise ordinance that works, or you have every time
11:53:45 a new business comes for special use application or a PD
11:53:49 application be told, you can't have any outdoor amplified
11:53:52 sound after 10 or 11 or 12:00 at night.
11:53:56 Those of you who have been here before, for those special
11:54:00 use applications -- and there are a few -- know what we mean
11:54:05 which nothing after 10:00 at night.
11:54:09 So you come here and then you agree to that, but now you are
11:54:15 fighting the noise ordinance.
11:54:19 You have to come together, and we have to have some kind of
11:54:23 compromise.
11:54:25 And by coming here and speaking, and only being SoHo, and
11:54:31 that we are trying to destroy your businesses, doesn't help.
11:54:35 What helps is working together with us to pass something
11:54:38 that will work for everyone.
11:54:40 And I am going to support passing this today, but I am also
11:54:44 going to support coming back in a workshop to talk about,
11:54:47 you know, maybe changing the rules by district, maybe
11:54:51 changing the hours, or maybe changing the decibel level.
11:54:56 It does need work.
11:54:57 But we have to start somewhere.
11:54:59 And I think this is a good place for us to start.
11:55:02 Thank you.
11:55:03 >>MIKE SUAREZ: Thank you.
11:55:04 Mr. Cohen.
11:55:04 >>HARRY COHEN: Thank you very much.
11:55:08 I particularly enjoyed Councilwoman Capin's comments about
11:55:12 what it's like to represent district 4.
11:55:15 And, you know, I really do want to reiterate the point that
11:55:19 the only way that this community is going to grow and strife
11:55:23 is when residents and businesses work together, because we
11:55:26 are all in it together.
11:55:28 We all exist together.
11:55:29 And no matter what the frustrations we have with one
11:55:32 another, our continuously prosperity requires cooperation.
11:55:40 I have a slightly different take on what I would like to see
11:55:43 us do today.
11:55:44 And that is partly because of the way our calendar falls.
11:55:47 And I just want to propose this to council.
11:55:49 Everyone has their own view on how we should proceed.
11:55:54 We have a regular meeting next week on the 1st.
11:55:57 And I would suggest doing this today, but because of what
11:56:01 Ms. Mandell said, I don't know that -- I don't think it's
11:56:04 legally possible.
11:56:05 But what I would like to do -- and this is because we cannot
11:56:09 keep putting this off forever and continuing and continuing.
11:56:13 There's been a lot of frustration over the years that it has
11:56:15 taken to us get to this point.
11:56:17 What I would like to see us do is to bring it back on first
11:56:20 reading next week on the 1st, and to pass it without
11:56:23 decibel levels, because that can be excised it from.
11:56:26 It will go ahead and address the issues that have been
11:56:29 raised by Mr. Daniels and throughout the city about cars and
11:56:34 houses and all the things that have been so frustrating.
11:56:37 And then immediately support the workshop that I believe is
11:56:39 going to be proposed.
11:56:41 County be done as early as September, to only deal with the
11:56:45 decibel issue.
11:56:46 Figure out what the appropriate numbers are, and then pass
11:56:51 something separately as soon as we can come to that
11:56:54 conclusion.
11:56:55 I want to reiterate for everyone's understanding that this
11:56:59 ordinance is an either/or.
11:57:02 It has a plainly audible standard and the decibel.
11:57:04 So if you pass it without the decibel, you still have the
11:57:08 plainly audible standard, which I believe Mr. Schmid said
11:57:11 has been developed enough in case law that it would be
11:57:15 enforceable and would be allowed to continue.
11:57:18 It would allow us to move forward.
11:57:20 It would allow us to get this on the books.
11:57:22 And the narrow issue of the decibel levels which has not
11:57:26 been addressed since 1999, to my knowledge, could be taken
11:57:29 up as planned.
11:57:33 I think that the problem with passing the decibel levels
11:57:36 today is that we have received enough information that they
11:57:41 are unreasonable, that I just think that we owe it to
11:57:45 ourselves to take a look at it.
11:57:46 I will tell you that my voice violates the decibel level.
11:57:50 I know I'm a loud person.
11:57:51 But, you know, there is, I think, a reasonable standard.
11:57:58 If we didn't have a meeting next week whereby we could do
11:58:00 this on first reading we couldn't ensure the public we would
11:58:03 take it up judicially and move it along.
11:58:06 But that's really what I think we ought to do.
11:58:08 >>MIKE SUAREZ: Mr. Miranda.
11:58:09 >>CHARLIE MIRANDA: I second the motion that you are a loud
11:58:12 person because my desk rattles when you speak.
11:58:18 (Laughter)
11:58:19 Is the legal department here, Mr. Schmid?
11:58:21 Let me ask you a question.
11:58:23 And I hope I understood what Mr. Cohen said.
11:58:26 How can you argue in court about a noise ordinance that
11:58:32 doesn't have a decibel level?
11:58:35 How can that be Constitutionally enforced?
11:58:40 What are you here for?
11:58:41 I'm here about the noise level.
11:58:42 Well, what's the level of it?
11:58:44 I don't know.
11:58:44 I don't have a decibel.
11:58:46 How can you enforce that?
11:58:47 >> Michael Schmid: Sure.
11:58:50 I think if you look at our ordinance, it actually lays out a
11:58:54 lot of criteria and definition to help explain that.
11:58:57 I think if you go to 14, I believe we have discussed
11:59:00 before --
11:59:02 >>CHARLIE MIRANDA: I'm thinking about a judge, how do they
11:59:04 think?
11:59:05 Forget what is written.
11:59:06 What would you do if you were a judge and I came to you as
11:59:09 an attorney and said I want you to enforce this, your Honor.
11:59:12 >> Enforce what?
11:59:13 Well, what is the noise level?
11:59:15 I don't know.
11:59:15 How can you enforce something you don't know?
11:59:17 >> I think there are definitions that provide guidance.
11:59:20 Just anymore guidance as a crime that might be like a
11:59:24 battery.
11:59:24 >> Then are you saying to me that we can give a ticket to an
11:59:27 automobile going down the street without a posted sign
11:59:30 saying what the speed limit is?
11:59:32 >> Sir, I'm saying that I think this ordinance does provide
11:59:36 guidance.
11:59:39 Just like a speed limit sign provides guidance.
11:59:43 I think the ordinance provides guidance.
11:59:45 Before we go forward, we are going to need somebody
11:59:47 additional time.
11:59:48 I would suggest between 15 and 30 minutes.
11:59:50 Then we can break for lunch.
11:59:51 >>LISA MONTELIONE: Move for 15 minutes.
11:59:55 >>MIKE SUAREZ: Motion by Mrs. Montelione.
11:59:57 Second by Mrs. Capin.
11:59:58 All in favor of that motion?
12:00:00 Any opposed?
12:00:01 Okay.
12:00:01 Mr. Miranda, you were finished?
12:00:03 >> I'm finished.
12:00:04 >>MIKE SUAREZ: Thank you.
12:00:05 Is there anyone else before I go to a second round?
12:00:09 Mr. Reddick.
12:00:09 >>FRANK REDDICK: I just want clarification because based on
12:00:12 what Mr. Cohen was stating -- and let me make sure I
12:00:16 understand what we can pass.
12:00:20 When we voted last time, and we did a unanimous vote, I
12:00:28 thought we all had a clear understanding what we were voting
12:00:30 on.
12:00:31 And the only thing I'm hearing today is people talking about
12:00:37 decibel level.
12:00:38 So I'm wondering in this current ordinance that we voted
12:00:41 unanimously, the questions decibel level included in this
12:00:48 ordinance?
12:00:48 >> Yes.
12:00:49 >>FRANK REDDICK: So if we, in order to remove that, we
12:00:52 would have to sended back to first reading?
12:00:56 Is that correct?
12:00:57 And then we could set up a workshop for the decibel, is that
12:01:00 correct what I am hearing?
12:01:02 >> Yes.
12:01:03 >>FRANK REDDICK: Okay, I wanted to make sure.
12:01:05 >>YVONNE CAPIN: Very quickly, we need to again, when we
12:01:13 bring it Barack to first reading and we take out the decibel
12:01:16 level, the decibel level stays at 55 because that's what it
12:01:19 is today.
12:01:21 Until and if it gets changed.
12:01:24 Having a workshop, in my experience here, we have to put --
12:01:32 the same way we put time limit on legal to come back to us,
12:01:38 we ourselves need to have to come back with a conclusion at
12:01:43 some time reasonable for the public to know that we are very
12:01:50 serious about either keeping it, moving it, whatever it is
12:01:54 that happens.
12:01:55 So to look at the calendar -- I'm sorry, I didn't loop at
12:02:00 the calendar.
12:02:01 >> Workshop on September 22nd.
12:02:03 >>YVONNE CAPIN: Okay, great.
12:02:09 Then that would be great.
12:02:11 And as far as outdoor amplification, we have term limits.
12:02:18 And we are able to vote people out.
12:02:20 But people don't vote so we put term limits so we don't have
12:02:24 to vote people out.
12:02:25 It the same thing with the noise ordinance.
12:02:27 It's the same thing.
12:02:28 People are going to complain.
12:02:32 That is the same exact thing.
12:02:34 So I do not believe that it's unreasonable at all when you
12:02:40 are within a residential area, that outdoor amplification
12:02:45 does not address acoustical music but it does address
12:02:52 outdoor limitations.
12:02:58 That is again I think something very reasonable in
12:03:01 neighborhoods.
12:03:01 So along with that, again I would like to -- I just wanted
12:03:04 to make sure that we would be able to move on it quickly.
12:03:10 Okay, thank you.
12:03:10 >>MIKE SUAREZ: Is there any other comments before we go
12:03:14 forward?
12:03:14 I have a couple comments before we go forward.
12:03:16 There was a lot of discussion here about ambient noise.
12:03:21 Ambient noise is not something that we really consider.
12:03:24 And the thing about neighbors that live near SoHo or any
12:03:28 other very busy district late at night is the constant
12:03:31 noise, not ambient noise.
12:03:34 And I have lived in places where there's traffic next to it.
12:03:38 There used to be the speeding car or the very loud muffler
12:03:41 when you are living next to a place like that but typically
12:03:44 they GOP away.
12:03:45 The problem we have is constant noise or continuous noise.
12:03:48 And that's something that we really need to get ahold of.
12:03:50 I think that most if not all of the people that are in this
12:03:54 audience that are business owners understand that and
12:03:57 actually have tried to curb a lot of their activities
12:03:59 because of complaints from neighbors, because of being
12:04:04 involved with them, talking to them, making sure -- I will
12:04:07 tell you, I know that from the folks that I know here that
12:04:10 are business owners that I have met with, and have been at
12:04:13 the SoHo alliance business meeting, they understand their
12:04:17 role to play both as a good business and a good citizen and
12:04:21 in relation to those folks.
12:04:25 I do think if we want to revisit the decibel level, we
12:04:28 should take that up separately and change the ordinance if
12:04:30 we are going to change the decibel level after we pass it.
12:04:35 I am in favor of continuing to support this and go forward,
12:04:38 or if we are not going to have the votes to do it we can
12:04:42 continue to change it.
12:04:43 I don't think coming back September 1st is a good idea.
12:04:46 I think that we really need to look at that at that decibel
12:04:50 level first, and really do a good job in a workshop session,
12:04:56 because if we make it wrong a second time after all the
12:04:59 cases that have come before us, all the other issues, we are
12:05:02 going to be no bigger thing.
12:05:06 Please don't answer yet because I wanted to make one other
12:05:09 point.
12:05:09 Part of the reason why this noise ordinance has been pro
12:05:12 text tracted as it has been is because of litigation.
12:05:14 It wasn't because we didn't want to take this up sooner.
12:05:17 We have been working on this and massaging this and trying
12:05:19 to figure out when we are going to do it since 2012 at
12:05:23 least.
12:05:23 That's because we had something on the books.
12:05:25 It got changed because of litigation.
12:05:27 It got changed again.
12:05:28 It got put off because we couldn't enforce it.
12:05:31 So this is not a matter of us -- we as a council not taking
12:05:35 up this issue.
12:05:36 We have taken it up several times.
12:05:38 But we were constrained by what the law was saying.
12:05:42 So we are trying to come up with the best type of compromise
12:05:44 that allows those businesses to continue to operate and
12:05:47 allows some modicum of peace for those people who live in
12:05:53 SoHo.
12:05:54 That to me I think is what we crafted here and I audience
12:05:57 lot of business owners didn't know about this. I think that
12:06:00 you have a paid executive director.
12:06:01 I think you ought to talk to that person about why you did
12:06:03 not know that this was coming forward, because we all knew,
12:06:07 okay.
12:06:07 And that's the only thing I have to say about that
12:06:09 particular issue.
12:06:10 Same thing with neighbors.
12:06:12 Sometimes, there's signs, this and that.
12:06:15 You have to be engaged in your government in order to know
12:06:17 what's happening.
12:06:18 And I'm sorry, but you are at a higher level especially
12:06:22 because these issues have been coming before you for years.
12:06:24 This is nothing new, and it's nothing that just started.
12:06:29 I mean, I understand what you were saying, but you are
12:06:31 represented by folks.
12:06:33 You have -- you are smart business people.
12:06:36 You follow what's going on.
12:06:37 And I think that falls on deaf ears from my perspective.
12:06:42 Now, if we are going to move forward, I am going to ask Mr.
12:06:45 Reddick to read the ordinance, if that's going to come
12:06:48 forward, in we are done with discussion.
12:06:50 If not, Mrs. Montelione, you are next.
12:06:53 >>LISA MONTELIONE: I just want to offer a suggestion.
12:06:55 So for anybody listening, if there's a topic that is of
12:06:58 concern to you, you can go to our website, and you can set
12:07:02 an alert by key word.
12:07:04 And I know a lot of citizens who do that.
12:07:07 There's a subject that is of interest to them, they put
12:07:10 their e-mail address in there.
12:07:11 They put in the key word.
12:07:13 And anytime that something shows up on our agenda about that
12:07:16 subject, you will get an e-mail notifying you.
12:07:18 It's very simple to do.
12:07:21 And Mr. Suarez is right.
12:07:25 Everyone should be engaged in their government and I'm sorry
12:07:27 that more people are not.
12:07:28 But very grateful all of you came to hear us and share with
12:07:32 us this morning.
12:07:33 So maybe you will remain involved.
12:07:36 And again, Mrs. Capin and I will agree to disagree on the
12:07:40 other issue about outdoor amplified sounds.
12:07:43 >>MIKE SUAREZ: Mr. Cohen.
12:07:47 >>HARRY COHEN: So I just want to answer the concern that I
12:07:50 think that Councilman Suarez and some of the others raised.
12:07:55 My only issue is if we are going to come back right away at
12:08:00 the end of September to address the decibel level, and we
12:08:04 are going to get it done quickly, there's no reason in the
12:08:07 world that we have to pass something that we know is bad, or
12:08:11 that we know we are going to change, when we can just as
12:08:14 easily remove that section of it and stay silent on the
12:08:19 issue until we make a decision.
12:08:21 That's all I am suggesting, that we vote on it next week
12:08:24 without that section, and then two weeks later take it up,
12:08:29 decide what we want to do, and pass it separately on a
12:08:33 separate vote.
12:08:33 To me, I think it's actually a more logical way of
12:08:40 proceeding.
12:08:42 But obviously whatever the wishes are of the council, that's
12:08:46 what we'll do.
12:08:46 >>CHARLIE MIRANDA: In all my years of service, never have I
12:08:50 seen nobody know what's going on and everybody shows up.
12:08:54 To me it's puzzling.
12:08:56 I have been thinking about how does that happen?
12:08:57 And I would like to know because I want to be part of you.
12:09:02 So I think whoever is representing you did a pretty good job
12:09:05 or you wouldn't be here.
12:09:06 Somebody knew something.
12:09:07 That's number one.
12:09:08 Number two, this has been in effect as stated earlier since
12:09:12 1999.
12:09:13 I heard evidence on both sides.
12:09:16 I have heard evidence by counselor -- you don't want a
12:09:22 bubble over your place to say what the real noise is.
12:09:25 You would be deaf.
12:09:27 But car noise is one thing.
12:09:29 And they changed that.
12:09:30 They put a wall to measure your -- you aren't going to like
12:09:36 what you get.
12:09:36 It doesn't create a good working atmosphere.
12:09:40 We don't want you to leave.
12:09:41 We don't want the neighbors to be angry.
12:09:43 This has been in effect.
12:09:46 It's just something that's got to be worked on.
12:09:48 And I understand both sides.
12:09:50 But I understand the side that Mr. Cohen brought up.
12:09:55 I understand the side that Mr. Reddick brought up.
12:09:58 But this is already there.
12:09:59 I haven't seen too many people -- how many got ticketed on
12:10:02 noise?
12:10:08 Percentwise you did all right.
12:10:10 I'm very serious when I say that.
12:10:12 If I ask you how many rode a bus, raise your hand.
12:10:16 See what I'm saying?
12:10:18 And you want transportation.
12:10:20 Nobody rides a bus right now.
12:10:24 Except Mr. Suarez.
12:10:25 He's not the one that owns the bus line.
12:10:27 But what I am saying is, a small percentage of you got a
12:10:30 citation.
12:10:33 It's a work in process.
12:10:36 I agree with Mrs. Capin and Mr. Cohen to pass this thing and
12:10:40 I agree with Mr. Cohen to have a workshop to bring it
12:10:43 together and find out what the results should be, and
12:10:45 therefore the compromise is right in front of us right now,
12:10:48 pass it, look at it for a month or so, bring it back and see
12:10:51 what the results are.
12:10:52 We are going to have the same people here for the same
12:10:54 police report with the same city attorney to work it out.
12:10:57 That's what it's all about.
12:10:59 That's what democracy is about.
12:11:01 So I appreciate all of you showing up.
12:11:04 And I'm ready to vote, Mr. Chairman.
12:11:06 >>YVONNE CAPIN: I'm ready to vote, too.
12:11:08 But just so it's clear, you have heard should this go
12:11:11 forward, and Councilman Reddick makes the motion, and if he
12:11:17 agrees to what Councilman Cohen suggested, you know the
12:11:20 dates.
12:11:21 And we will repeat them after the vote.
12:11:25 So you can be here.
12:11:26 Okay.
12:11:27 I'm ready to vote.
12:11:28 >>MIKE SUAREZ: Is there anyone else that would like to
12:11:30 speak?
12:11:31 Mr. Maniscalco, you have not spoken yet.
12:11:33 Do you want to speak at all?
12:11:34 >>GUIDO MANISCALCO: No.
12:11:35 >>MIKE SUAREZ: Thank you, sir.
12:11:36 Mr. Reddick, would you Reich to read the ordinance for
12:11:39 second reading?
12:11:40 >>THE CLERK: You need to close the public hearing.
12:11:43 >>MIKE SUAREZ: Thank you.
12:11:44 Motion to close the public hearing by Mrs. Montelione,
12:11:47 second by Mrs. Capin.
12:11:49 All in favor of that motion?
12:11:51 Opposed?
12:11:52 Mr. Reddick.
12:11:52 >>FRANK REDDICK: Let me read this ordinance.
12:11:56 The substitute ordinance.
12:11:58 We can come back and do a workshop.
12:12:02 >>HARRY COHEN: You will do them separately then.
12:12:04 >>MIKE SUAREZ: Yes.
12:12:06 >>FRANK REDDICK: Move a substitute ordinance for second
12:12:08 reading and adoption, an ordinance of the city of Tampa,
12:12:10 Florida relating to noise and making revisions to the City
12:12:12 of Tampa code of ordinances chapter 293 powers, noise,
12:12:19 amending section 14-293, powers of public Nuisance Abatement
12:12:23 Board relating to noise making revisions total City of Tampa
12:12:27 code of ordinances chapter 23.5 supplemental enforcement
12:12:31 procedures, amending section 23.5 schedule of violations and
12:12:35 penalties, relating to noise, making revisions to the City
12:12:38 of Tampa code of ordinances chapter 5, building code,
12:12:41 amending section 5-301.2, loud noise generated by
12:12:47 construction activity on private property necessary
12:12:50 residential uses relating to noise repealing all ordinances
12:12:52 or parts of ordinances in conflict therewith, providing for
12:12:56 severability, providing an effective date.
12:12:56 >>MIKE SUAREZ: I have a motion by Mr. Reddick.
12:12:59 I have a second by Mrs. Capin.
12:13:00 Please record your vote.
12:13:02 Is it not working?
12:13:12 Let us do a roll call vote.
12:13:19 >>CHARLIE MIRANDA: Yes.
12:13:20 >>FRANK REDDICK: Yes.
12:13:21 >>YVONNE CAPIN: Yes.
12:13:23 >>MIKE SUAREZ: Yes.
12:13:24 >>HARRY COHEN: No.
12:13:26 >>GUIDO MANISCALCO: Yes.
12:13:27 >>LISA MONTELIONE: Yes.
12:13:29 >> Motion carried with Cohen voting no.
12:13:31 >>MIKE SUAREZ: Thank you.
12:13:33 Mr. Reddick, I will entertain a motion to bring this
12:13:35 back during our workshop --
12:13:38 >>FRANK REDDICK: On September 22nd to address the decibel
12:13:41 level and any other discussion relating to adjusting it from
12:13:48 55 to higher.
12:13:51 >>MIKE SUAREZ: We have a motion from Mr. Reddick.
12:13:53 A second from Mr. Miranda.
12:13:54 All in favor of that motion please indicate by saying aye.
12:13:58 Any opposed?
12:13:59 Thank you.
12:14:00 Thank you all for attending.
12:14:01 Yes, ma'am.
12:14:01 >>LISA MONTELIONE: Before everybody leaves, I just wanted
12:14:05 to point out one thing, that the ordinance doesn't contain
12:14:11 jail time for people who are in violation.
12:14:12 So I fought hard for that last time.
12:14:16 Thank you very much, council members, for supporting me and
12:14:18 taking out the jail time.
12:14:19 >>MIKE SUAREZ: Ladies and gentlemen, I think that we should
12:14:22 at this time break for lunch.
12:14:23 We'll come back at our agenda afterwards.
12:14:26 We will be at 1:30 if you could come back.
12:14:29 We are adjourned.
12:14:30
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01:35:27 [Sounding gavel]
01:35:28 >>MIKE SUAREZ: Tampa City Council is now called back into
01:35:30 order.
01:35:31 Roll call, please.
01:35:32 >>FRANK REDDICK: Here.
01:35:37 >>HARRY COHEN: Here.
01:35:38 >>GUIDO MANISCALCO: Here.
01:35:41 >>LISA MONTELIONE: Here.
01:35:42 >>MIKE SUAREZ: Here.
01:35:43 We are going to skip around in our agenda right now.
01:35:46 We are going to go to item number 76, to talk to the Tampa
01:35:50 Sports Authority.
01:35:51 They have a time crunch that they need to meet.
01:35:53 And I want to make sure that our police officers, I think
01:35:58 chief Dugan is back there.
01:36:02 Where is everybody?
01:36:04 Mr. Hart from the Sports Authority.
01:36:06 I think he's here.
01:36:08 Come on up.
01:36:08 This is about the sunset music festival.
01:36:11 Thank you for being here.
01:36:12 >> Thank you very much.
01:36:19 Good morning.
01:36:21 Good afternoon.
01:36:22 Sorry.
01:36:26 Thanks for the opportunity to speak to you today.
01:36:28 I'm here to discuss the sunset music festival.
01:36:31 As you are aware, the festival experience, tragic death of
01:36:36 two adults attending this year, and it's a two-day event
01:36:39 that we hold at the stadium.
01:36:40 We started that event back in 2012 with 500 people, now
01:36:46 grown to be a national event, so 51,000 people who attend.
01:36:50 And we have had major artists such as scurlics, chain
01:36:58 smokers, have all been major acts at the event.
01:37:01 First and foremost, all Tampa venues, the authority works
01:37:06 closely with event organizers and local officials for the
01:37:09 safety of major events.
01:37:10 As with all of our major events, sunset music festival
01:37:14 undergoes the same rigorous plan.
01:37:16 The same team that plans super bowls and other major events
01:37:19 assists in the planning much each festival and major event
01:37:23 at Raymond James stadium.
01:37:24 Planning of each festival begins the first day after the
01:37:27 event.
01:37:28 And each year we change the plan and the operation of every
01:37:32 event based on the things that we learned from the event.
01:37:35 The authorities have been working with the promoter, local
01:37:38 law enforcement, safety agency to review the 2016 festival
01:37:42 operation.
01:37:43 The authority Board of Directors are scheduled to hold a
01:37:46 special meeting on September 12th where we will take
01:37:49 this matter up to determine the future of the festival at
01:37:52 the grounds.
01:37:53 While we continue to gather relevant information on sunset
01:37:57 and other festivals around the country, I can provide some
01:37:59 background and the improvements that have been made to this
01:38:02 festival to increase the safety.
01:38:07 The authority and local officials have instituted some best
01:38:13 practices.
01:38:14 We do an annual pre- and post meeting.
01:38:19 Tickets are for those 18 and over only.
01:38:26 We have fences to make sure people can't get in and out
01:38:28 related to age.
01:38:29 We provide free water stations.
01:38:33 Additionally, for three years at the festival they handed
01:38:38 out over 16,000 bottles of free water as part of this event.
01:38:42 We provide a 1300 square foot area for people to get out of
01:38:47 the sun and to cool themselves. This year we added canine
01:38:50 dogs to deal with detect illegal substances at the gate, and
01:38:58 provided for patrons to remove any contraband with no
01:39:01 questions asked.
01:39:02 We do mandatory pack searches and pat-downs.
01:39:05 The medical tents we provide are also air conditioned.
01:39:08 We do use social media and noise monitoring. This year, as
01:39:13 you probably know by now, we have had a significant number
01:39:16 of less noise complaints.
01:39:21 High winds and weather action plan and also try to protect
01:39:26 individuals during the festival.
01:39:30 Some items that came out of this festival is we did increase
01:39:33 sales this year by about 6%.
01:39:36 We are over 51,000 people.
01:39:39 And there's some things that we did add this year based on
01:39:41 what we predicted, which was we increased the accessible
01:39:45 footprint.
01:39:46 We made it more space so people weren't as crowded.
01:39:48 We added three medical transport vehicles for transporting
01:39:52 individuals that may need it.
01:39:54 Security was increased from 343 cars to 473 cars.
01:39:59 Police were increased from 186 to 190.
01:40:03 Our medical staff will increase from 53 EMTs to 272
01:40:08 EMTs.
01:40:09 We increased the shaded areas from 5500 square feet to
01:40:12 almost 7,000 square feet.
01:40:14 We also added shaded areas over each stage which is about
01:40:18 another 4,000 square feet of shading.
01:40:21 We increased the size of the size to 3200 square feet and
01:40:27 the water stations that we provided for free water
01:40:30 increased, we went from two locations to three and went from
01:40:34 16 to 24, and tripled the capacity of water that we could
01:40:39 provide for free.
01:40:42 With the growth that we saw in the festival, our medical
01:40:46 tent was increased this year.
01:40:47 We went from 51 in 2015 to 56 in 2016.
01:40:52 And based on the changes in the sound system, our noise
01:40:55 complaints went from over 56 last year to 10 this year.
01:41:00 So we have done a lot of things to continue to try to be a
01:41:04 better community partner.
01:41:08 If the Tampa Sports Authority board were to move forward on
01:41:11 this, there are some steps that have been we would be
01:41:12 putting in place that we are going to be asking the board to
01:41:15 consider at the September 12th meeting.
01:41:17 We would continue our best practices.
01:41:20 We would be recommending an enhanced command center,
01:41:26 improving public announcement capabilities.
01:41:27 We want to do a better educational outreach with the
01:41:30 patrons.
01:41:31 And we talked to some local groups who may assist us with
01:41:34 that.
01:41:35 Adding additional medical personnel.
01:41:38 Potentially adding atmospheric coolers.
01:41:42 We are not sure if they will actually work in the Florida
01:41:44 humidity.
01:41:45 But we are actually researching that.
01:41:48 New systems within the festival.
01:41:51 More water stations.
01:41:52 Additional cooling tents.
01:41:54 More shade.
01:41:55 Along with adding what we are calling an index guide so the
01:42:01 festival will have some guidelines based on the heat index
01:42:06 increases we will have steps and procedures to take to try
01:42:09 to help cool people down.
01:42:10 Additionally the promoter and authority staff has been
01:42:14 reviewing best practices around the country.
01:42:16 And while we follow the majority of these best practices, we
01:42:21 want to continue to incorporate new ones into the festival
01:42:24 if it continues.
01:42:26 Overall, our plan moving into the future, we would like to
01:42:30 work with our partners over in the Orlando area.
01:42:39 As we propose the final report we are going to continue to
01:42:41 work closely with the city administration, Tampa fire, Tampa
01:42:44 police, and try to develop a plan that we'll continue to
01:42:50 make the festival safer and safer every year.
01:42:52 Thank you for your time.
01:42:53 >>MIKE SUAREZ: Any questions by council?
01:42:55 Mrs. Montelione.
01:42:55 >>LISA MONTELIONE: Thank you.
01:42:57 Thanks for being here, Mr. Hart.
01:42:58 I had asked for you to come and talk to us about the steps
01:43:03 that are being taken and I had done some poking a round and
01:43:10 research on my own and you and I discussed some of the best
01:43:13 practices from other festivals across the country, and one
01:43:16 in particular in Canada that outlined what they have been
01:43:22 doing now these festivals for a long period of time with no
01:43:30 harmful effects.
01:43:36 So the Orlando folks that you are working with, I would
01:43:39 imagine that you have reached out to some of these other
01:43:42 jurisdictions to find out or concert venues to find out what
01:43:47 they are doing?
01:43:48 >> Yes.
01:43:48 We are reaching out, and that's part of what the discussions
01:43:51 are right now, trying to make a decision for exactly all the
01:43:56 steps that will be in place.
01:43:57 It's kind of hard because we are still sending out to the
01:43:59 events so we continue to look at those.
01:44:01 And I think you will find that best practices, depending
01:44:04 upon what part of the country you are in, could dictate
01:44:08 different best practices.
01:44:09 >> Sure, it's a little warmer here than in Canada.
01:44:12 >> Correct.
01:44:13 So ours will be a little different but we will take a look
01:44:15 at those steps and determine with our local law enforcement
01:44:18 and with the fire department and our security companies what
01:44:22 would be best to implement, and we'll continue to try to
01:44:25 improve.
01:44:26 >>LISA MONTELIONE: Something else that came up in my
01:44:28 research was something called the rave act.
01:44:31 >> The rave act?
01:44:33 >> That was passed by Congress when Vice President Biden was
01:44:37 a senator.
01:44:38 And there's a group in California who has been looking to --
01:44:46 they are not seeking to amend the rave act because it would
01:44:49 be too lengthy a process, but they are looking for the
01:44:51 Department of Justice to come out with a finding that
01:44:55 concert promoters would not be prosecuted under the rave
01:44:59 act, or distributing information about drug safety and
01:45:05 allowing groups like dance phase, stand up and dance, to
01:45:09 come in and assist.
01:45:13 Have you run into any issues with the rave act?
01:45:17 >> At this point, no, and that's been part of the
01:45:19 discussions.
01:45:20 I think part of the conversations that came up with the act
01:45:23 is I think if you read some of the articles, they say that
01:45:26 this is the best design because of the rave act.
01:45:32 I would tell you that since they operate a lot in a much
01:45:35 different mode, they are different from what those once
01:45:39 were.
01:45:40 We have not seen that, but that is part of the discussion, I
01:45:45 would describe to you that we want to work with the local
01:45:47 community on education, because we can try to stop as much
01:45:55 as we can, to try to address the problem at the gate, and
01:45:58 coming in the gate.
01:46:00 But we want to take a more proactive approach before they
01:46:03 get there, as they are arriving, and working with the
01:46:06 police, also on other tactics to try to deal with issues
01:46:11 before they become issues inside the festival.
01:46:14 Education is one of the key parts of that.
01:46:15 And it will include social -- we already do a significant
01:46:19 amount of social in advance.
01:46:21 I will tell you that that message will be a bit more of a
01:46:25 safety message and it will be about those items.
01:46:30 >>LISA MONTELIONE: I think utilizing the volunteer groups
01:46:32 to go out and identify people who seem to be having issues
01:46:37 is a proactive step.
01:46:38 >> And we have that.
01:46:41 Woo we have ambassadors already and they have already
01:46:44 started talking about expanding the plan, and as a partner
01:46:47 with our local promoter that they have a large sponsor
01:46:50 program that works with.
01:46:51 That but using the local community in the manner that you
01:46:54 are explaining we think is a benefit.
01:46:57 >>LISA MONTELIONE: And whether or not illegal drugs are
01:47:00 involved with heat exhaustion.
01:47:04 Our planet is not getting any cooler.
01:47:07 It's getting hotter.
01:47:08 And we are feeling the effects here in Florida.
01:47:10 So having -- there's actually a guy who invented a system.
01:47:15 He's from New Tampa, that some of the theme parks are now
01:47:18 using, and they are portable units that people can go in and
01:47:24 they immediately lower their body temperature.
01:47:27 >> We have something like that.
01:47:29 So we have actually spoken with that individual concerning
01:47:31 those polar pause, I believe they are called.
01:47:36 The issue with you those is you can only cool 15 people for
01:47:40 six, seven minutes.
01:47:41 So the 3200 square foot tent that we talk about, that is an
01:47:47 open tent, it's actually a maze, so we walk people in, and
01:47:53 you actually walk through 62 to 65º tent.
01:47:57 By the time you come out about ten minutes later, and you
01:48:00 get the same effect.
01:48:01 So it does work.
01:48:03 We are at 3200 square feet now.
01:48:05 We could probably put 5 or 600 people through it in a short
01:48:10 amount of time.
01:48:12 We want to expand that or add a second one.
01:48:15 And the shade is important.
01:48:16 When we do the festival, during off times underneath all the
01:48:20 trees, we are blessed at Raymond James to have those big oak
01:48:25 trees.
01:48:25 Those benefit us considerably.
01:48:27 But the promoter last year actually added a significant
01:48:31 amount of shade structures on the actual stages.
01:48:34 So if you go by the festival grounds, you can actually see
01:48:38 those large stages.
01:48:39 Those were designed to cut the sun level.
01:48:42 >> And in reading some of the articles, although the free
01:48:46 water was available, they seemed to feel there wasn't enough
01:48:48 of it.
01:48:49 >> Correct.
01:48:50 With that number of people, and we are going to try to add
01:48:52 more locations.
01:48:53 But there were 24 spigots at this point, and the volume, we
01:48:59 tripled the volume.
01:49:01 We worked with the city and were actually able to install a
01:49:04 line and come right off the fire hydrant.
01:49:06 So it's a 3-inch line that's supplying all of those and we
01:49:11 pretty much keep it running.
01:49:12 We want to add additional.
01:49:14 >> It's about keeping people safe.
01:49:15 >> Correct.
01:49:16 >>LISA MONTELIONE: And I just wanted to hear from TPD.
01:49:21 I notice there was talk of fire rescue as well.
01:49:28 I want to make sure that other areas of the city and other
01:49:34 citizens are not being shorted services because you are
01:49:40 redirecting your efforts somehow.
01:49:42 >> Good afternoon.
01:49:44 I'm major Lee Burkeline, chief DEGAN and Chief Ward.
01:49:53 So every officer working at this event is not taken away
01:49:56 from our standard deployment.
01:49:58 They are there on their days off.
01:50:00 >> great.
01:50:00 That's something different than what I read in the news.
01:50:03 All right.
01:50:04 Thank you for that clarification.
01:50:05 >> And I have so statistical data on the last year of the
01:50:11 event.
01:50:11 We had 39 arrests.
01:50:14 8 of them were misdemeanors and 25 were felony.
01:50:17 We had one ejection.
01:50:18 We had 16 marijuana citations which was new.
01:50:22 Previous years those would have been misdemeanor arrests.
01:50:26 And the attendance grew from 25 to 26,000 per day totaling
01:50:30 what Mr. Hart said about 51,000 for the two days of the
01:50:33 event.
01:50:34 And just like Mr. Hart said, we work really close with the
01:50:37 Sports Authority and the Tampa fire on all of those events.
01:50:42 At Raymond James stadium.
01:50:43 >>MIKE SUAREZ: Any other questions at this time?
01:50:48 >>LISA MONTELIONE: No.
01:50:50 >>MIKE SUAREZ: You want fire rescue?
01:50:53 >>LISA MONTELIONE: They came.
01:50:54 They have been here so I think it's nice to hear them.
01:50:57 >> Tampa Fire Rescue representing Chief Ward.
01:51:06 Basically no statement, just answering any concerns you
01:51:08 have.
01:51:08 >> Well, it would be the same that I had for major Burkehart
01:51:16 about the services and whether it was manageable or if
01:51:19 there's more calls that require fire rescue, paramedic
01:51:27 personnel, and how the level of service, how that affects
01:51:31 level of service across the city.
01:51:33 >> Yes, ma'am.
01:51:33 We staff the event itself with extra duty individuals
01:51:36 working off-duty with the authority.
01:51:43 Most of the time during the daylight hours that takes care
01:51:47 of the calls that we have for service there.
01:51:50 This particular event did tax the city resources for
01:51:57 individual home services somewhat during the peak hours
01:52:03 during the latter part of the event in the evening.
01:52:05 We were able to manage that, though, by moving some units
01:52:08 around, and this year moving forward we are planning on a
01:52:15 higher level of that off-duty so we don't anticipate having
01:52:18 to do -- I use the term on-duty crews to support that
01:52:23 operation.
01:52:24 >>LISA MONTELIONE: That was going to be my question.
01:52:25 How are you going to compensate for it moving forward?
01:52:28 >> Yes, ma'am.
01:52:28 We presented a plan to the authority which they will present
01:52:31 to the promoter which is fairly reasonable in the number of
01:52:35 extra people of that we will have to hire.
01:52:39 >>LISA MONTELIONE: Great.
01:52:40 Thank you very much.
01:52:40 >>MIKE SUAREZ: Any other questions or comments by council
01:52:42 on this particular issue?
01:52:44 Okay.
01:52:45 Thank you, Mr. Hart and everyone else that appeared on item
01:52:48 number 76.
01:52:50 If I could, before we go forward, I want to direct you to
01:52:53 the second reads, 9:30 a.m. and then go back to our staff
01:52:57 reports.
01:52:57 But also before we start I would like to open up items 68
01:53:01 through 70.
01:53:02 >> So moved.
01:53:03 >>MIKE SUAREZ: I have a motion by from Mr. Miranda, a
01:53:05 second by Mrs. Montelione.
01:53:07 All in favor of that?
01:53:09 Any opposed?
01:53:10 Clerk, if we could just remained everyone that wants to
01:53:13 speak on items 58 through 70, 58 through 70, if you are
01:53:16 going to speak, please stand up and be sworn in, please.
01:53:21 (Oath administered by Clerk)
01:53:35 Okay.
01:53:35 Number 58.
01:53:39 Ms. Feeley.
01:53:40 >> Legal department.
01:53:44 This is a second reading on a scrivener's error and an AB
01:53:49 that you passed earlier.
01:53:50 If you have any questions I'm available of the.
01:53:52 >>MIKE SUAREZ: Thank you.
01:53:52 Any questions from council?
01:53:53 Is there anyone in the public that would like to speak on
01:53:56 item number 58 on the scrivener's error?
01:53:57 I see no one.
01:53:59 I have a motion to close by Mr. Miranda.
01:54:02 Second from Mr. Maniscalco.
01:54:04 All in favor of that motion?
01:54:06 Any opposed?
01:54:07 Mr. Maniscalco, will you kindly take number 58?
01:54:10 >> Thank you very much, Mr. Chairman.
01:54:12 I have an ordinance being presented for second reading and
01:54:14 adoption, an ordinance amending ordinance number 2016-101
01:54:18 passed and ordained by the City Council of the City of Tampa
01:54:21 on June 23, 2016 which approved a special use permit small
01:54:25 venue consumption on premises only for beer and wine for
01:54:29 property located at 1409est 7th Avenue correcting a
01:54:32 scrivener's error by substituting a revised site plan for
01:54:36 the previous site plan that was supplied in error providing
01:54:40 for severability, providing an effective date.
01:54:41 >>CHARLIE MIRANDA: Second.
01:54:42 >>MIKE SUAREZ: Please record your vote.
01:54:46 Keep your fingers crossed that it worked.
01:54:48 >>THE CLERK: Motion carried with Capin and Maniscalco --
01:55:01 Mr. Cohen absent at vote.
01:55:03 >> Okay.
01:55:05 Item number 59.
01:55:06 >>ABBYE FEELEY: Land Development Coordination.
01:55:12 Item number 59 is a rezoning that was before you back on
01:55:17 August 11th.
01:55:18 This is at 91 Davis.
01:55:21 You may recall that evening there were some neighbors here
01:55:26 concerned about the buffering to the adjacent uses, and Mr.
01:55:32 Grandoff got up and was making a modification to the fence
01:55:36 that was going to be a wall.
01:55:38 That modification was made along the south side of the
01:55:40 property.
01:55:42 After the hearing, I was contacted by one of the neighbors
01:55:46 that they wanted that wall to be on the east side as well,
01:55:52 the adjacent townhomes we discussed that evening.
01:55:54 The plans that were provided back to me and were able to be
01:55:57 certified were if ones that had the modification only on the
01:56:00 south.
01:56:03 Per discussion with Mr. Grandoff it is their intent to go
01:56:05 ahead and make the modification to the east side as well.
01:56:08 I could not certify that plan in your motion that evening.
01:56:13 However, I had the one certified.
01:56:15 I also have the new plans that have the east side corrected.
01:56:19 If it is your pleasure today, what you could do is return
01:56:23 this application to first reading and move it on first
01:56:26 reading with the motion that that east side would be
01:56:31 modified, and then it would come back before you for second
01:56:34 reading on September 15th.
01:56:37 I wanted to go ahead and explain that.
01:56:39 Mr. Grandoff is here as well.
01:56:42 So that being said, this would return the first reading if
01:56:44 that's the pleasure of council today.
01:56:45 >>HARRY COHEN: I was going to ask about that, and I would
01:56:51 certainly be inclined to go ahead and move it on first
01:56:54 reading.
01:56:56 >>JOHN GRANDOFF: Mr. Chairman, members of council, John
01:57:03 Grandoff, suite 3700 Bank of America Plaza on behalf of the
01:57:08 LLC and Marie culper is with me, my client.
01:57:15 And I ask that you read the ordinance this afternoon.
01:57:19 >>MIKE SUAREZ: For first read?
01:57:20 >>JOHN GRANDOFF: Yes, sir.
01:57:21 >>MIKE SUAREZ: Just wanted to clarify.
01:57:23 Any questions from council at this time?
01:57:25 Anyone in the public that would like to speak on item number
01:57:27 59? 59?
01:57:28 Please come forward.
01:57:30 I see no one.
01:57:31 >> Move to close.
01:57:33 >> Second.
01:57:33 >>MIKE SUAREZ: I have a motion from Mr. Cohen.
01:57:35 A second from Maniscalco.
01:57:37 All in favor of that motion?
01:57:39 Any opposed?
01:57:41 Ms. Montelione, would you like to take this on a first
01:57:45 reading basis with the stipulated changes from our staff and
01:57:48 agreed to by the petitioner?
01:57:50 >>LISA MONTELIONE: Okay.
01:57:50 >> I move an orphans for first reading, an ordinance
01:58:01 rezoning property in the general vicinity of 91 Davis
01:58:06 Boulevard in the city of Tampa, Florida and more
01:58:08 particularly described in section 1 from zoning district
01:58:10 classification RM-24 residential multifamily to planned
01:58:13 development residential multifamily providing an effective
01:58:16 date with the modification as agreed to by the applicant.
01:58:21 >>MIKE SUAREZ: Second by Mr. Cohen.
01:58:22 All in favor of that motion?
01:58:23 Any opposed?
01:58:24 >>THE CLERK: Second reading and adoption will be held on
01:58:28 September 15th, 2015 at 9:30 a.m.
01:58:32 >>MIKE SUAREZ: Thank you.
01:58:33 Item number 60.
01:58:34 >>ABBYE FEELEY: Land Development Coordination.
01:58:39 Item number 60 is also a second reading on a PD.
01:58:42 We were able to certify this application as well.
01:58:46 However, I was contacted by the applicant, that due to some
01:58:51 parameters of the deal associated with this property that
01:58:54 they would like to request a continuance of second reading
01:58:58 before you today.
01:58:59 And Mr. Mineer is here to discuss that.
01:59:05 >> Good afternoon.
01:59:07 I'll with the genesis group, 1000 Ashley suite 900 downtown
01:59:12 Tampa.
01:59:12 Yes, we respectfully request a continuance for a week.
01:59:15 We are working with your stormwater department on our
01:59:21 potential size of our vault.
01:59:24 We are in a red line district.
01:59:26 We have to meet rules much different than the particular
01:59:28 project and we are still trying to get our hands around how
01:59:31 big the development is going to be, how expensive it's going
01:59:34 to be.
01:59:35 So we respectfully request a continuance for a week to the
01:59:39 1st.
01:59:40 And we hope that we'll get it all resolved between now and
01:59:43 then.
01:59:43 >>MIKE SUAREZ: Mrs. Montelione?
01:59:48 Date and time.
01:59:49 >>LISA MONTELIONE: To September 1st --
01:59:58 >>MIKE SUAREZ: This does not go back to first reading so it
02:00:00 will be at 9:30.
02:00:02 >>LISA MONTELIONE: September 1st at 9:30 a.m.
02:00:04 >>MIKE SUAREZ: Motion by Mrs. Montelione.
02:00:05 I have a second from Mr. Maniscalco.
02:00:07 All in favor of that motion?
02:00:09 Any opposed?
02:00:12 Thank you.
02:00:17 >>ABBYE FEELEY: Land Development Coordination.
02:00:18 Item 61, 62, those may proceed to second reading.
02:00:25 >>MIKE SUAREZ: Thank you.
02:00:27 Petitioner?
02:00:28 >> 607 west Bay Street on behalf of petitioner.
02:00:33 I have nothing further to add.
02:00:35 It's we request your approval.
02:00:38 >> Thank you.
02:00:39 Any questions from council?
02:00:40 Is there anyone in the public that would like to speak on
02:00:42 item 61?
02:00:43 61?
02:00:44 I see no one.
02:00:45 I need a motion to close.
02:00:47 I have a motion to close from Mr. Miranda, second from Mr.
02:00:51 Maniscalco.
02:00:51 All in favor of that motion?
02:00:53 Any opposed?
02:00:54 Mr. Miranda, will you kindly take number 61?
02:00:57 >>CHARLIE MIRANDA: [Off microphone.] move an ordinance
02:01:02 presented for second reading adoption, an ordinance rezoning
02:01:05 property in the general vicinity of 203, 205 east Dr. Martin
02:01:08 Luther King Jr. Boulevard in the city of Tampa, Florida more
02:01:11 particularly described in section 1 from zoning district
02:01:13 classifications RS-50 residential single-family to CI
02:01:17 commercial intensive providing an effective date.
02:01:19 >> Second.
02:01:21 >>MIKE SUAREZ: I have a motion by Mr. Miranda.
02:01:22 I have a second from Mr. Maniscalco.
02:01:24 Please record your vote.
02:01:25 >>THE CLERK: Motion carried with Capin being absent at
02:01:34 vote.
02:01:34 >>MIKE SUAREZ: Thank you.
02:01:36 Item number 62.
02:01:37 >> Good afternoon.
02:01:42 My name is Allister.
02:01:46 I was previously before you on August 11th.
02:01:49 I don't really have anything more to add.
02:01:51 We respectfully ask you to adopt the ordinance in the form
02:01:54 provided.
02:01:54 >>MIKE SUAREZ: Thank you.
02:01:55 Any questions from council?
02:01:57 Anyone in the public that would like to speak to item number
02:01:59 62?
02:02:00 62?
02:02:00 I see no one.
02:02:02 Motion to close from Mr. Cohen.
02:02:04 Second from Mr. Maniscalco.
02:02:06 All in favor?
02:02:07 Any opposed?
02:02:08 Mr. Reddick, will you kindly take number 62, sir?
02:02:12 >>FRANK REDDICK: Move and ordinance presented for second
02:02:15 reading and adoption.
02:02:16 An ordinance rezoning property in the general vicinity of
02:02:20 7707, 7709, 7711 south O'Brien street in the city of Tampa,
02:02:25 Florida and more particularly described in section 1 from
02:02:29 zoning district classifications PD planned development
02:02:32 residential single-family to RS-50 residential
02:02:34 single-family, providing an effective date.
02:02:35 >>MIKE SUAREZ: I have a motion by Mr. Reddick, a second
02:02:39 from Mr. Miranda.
02:02:41 Please record your vote.
02:02:42 >>THE CLERK: Motion carried with Capin being absent at
02:02:50 vote.
02:02:50 >>MIKE SUAREZ: Thank you.
02:02:52 Item number 63.
02:02:53 >> Land Development Coordination.
02:02:59 My applicant was here but had to go, cannot return.
02:03:02 So therein were no objections to this request.
02:03:05 >>MIKE SUAREZ: Any questions from council on this item?
02:03:11 Anyone in the public that would like to speak on item number
02:03:14 63? I see no one.
02:03:17 I have a motion to close from Mr. Cohen.
02:03:19 I have a second from Mr. Miranda.
02:03:20 All in favor of that motion please indicate by saying aye.
02:03:22 Any opposed?
02:03:23 Mr. Cohen, will you kindly take number 63?
02:03:26 >>HARRY COHEN: Move an ordinance being presented for second
02:03:29 reading and adoption, an ordinance vacating, closing,
02:03:31 discontinuing, and abandoning a portion of alleyway lying
02:03:37 south of ocean view place, north of Hemlock street, west of
02:03:40 20th street, east of 22nd street in the vicinity of 1507
02:03:44 south 22nd street in the City of Tampa, Hillsborough County
02:03:47 Florida the same being more fully described in section 1
02:03:50 hereof subject to certain easement reservations, covenants,
02:03:54 conditions and restrictions more particularly set forth
02:03:57 herein providing an effective date.
02:03:57 >> Second.
02:03:59 >>MIKE SUAREZ: Motion from Mr. Cohen.
02:04:00 A second from Mr. Miranda.
02:04:02 Please record your vote.
02:04:06 >>THE CLERK: Motion carried with Capin being absent at
02:04:11 vote.
02:04:11 >>MIKE SUAREZ: Thank you.
02:04:14 >> I'm here for the next one, too, item 64.
02:04:18 The applicant is not here.
02:04:19 He was here this morning again and couldn't stay.
02:04:21 >>MIKE SUAREZ: Okay.
02:04:23 Any questions from council?
02:04:24 Anyone in the public like to speak on item number 64?
02:04:27 64?
02:04:28 >>MIKE SUAREZ: Move to have close.
02:04:29 >> Motion to close by Mr. Miranda.
02:04:31 Second by Mr. Maniscalco.
02:04:32 All in favor of that motion?
02:04:34 Any opposed?
02:04:36 Mr. Maniscalco, if you would take item number 64.
02:04:40 Than.
02:04:41 >>GUIDO MANISCALCO: An ordinance for second reading and
02:04:43 adoption, an ordinance vacating, closing, discontinuing, and
02:04:47 abandoning alleyway lying north of Braddock street south of
02:04:51 Douglas street, east of MacDill and west of Gomez Avenue
02:04:55 in the John drew's subdivision on northwest Tampa, a
02:05:00 subdivision in the City of Tampa, Hillsborough County the
02:05:03 same being more fully described in section 1 hereof subject
02:05:06 to certain easement reservations covenants PD conditions and
02:05:10 restrictions more particularly set forth herein providing an
02:05:12 effective date.
02:05:13 >>HARRY COHEN: Second.
02:05:15 >>MIKE SUAREZ: Please record your vote.
02:05:18 >> Motion carried with Capin being absent at vote.
02:05:22 >> Item number 65.
02:05:31 >>SAL TERRITO: We are here for the first of three hearings
02:05:33 held on special assessment. This is for historic
02:05:36 preservation.
02:05:36 And there are people in the audience from here, if they have
02:05:41 any questions, if I can get that out correctly.
02:05:43 >>MIKE SUAREZ: This is the downtown Ybor City.
02:05:45 >>SAL TERRITO: The downtown Ybor City streetcar.
02:05:50 I understand there are some concerns on notices.
02:05:52 We will take care of that.
02:05:53 They did go out.
02:05:55 I'll give copies to the clerk from the files.
02:05:57 And this one again, if you approve this one, rezoning in a
02:06:04 public hearing.
02:06:04 >>MIKE SUAREZ: Terrific.
02:06:09 >> Good evening.
02:06:11 Almost evening, Mr. Chairman.
02:06:15 (Laughter)
02:06:17 Mr. Jacob is with me.
02:06:19 And we are officers of streetcar, INC.
02:06:26 We are very pleased we are going to do a study.
02:06:31 It won't belabor all of this except to say we would like
02:06:34 your support to continue the special assessment district for
02:06:37 another year.
02:06:37 >> And thank you again.
02:06:40 We appreciate your consideration.
02:06:41 One of the most exciting things we are doing with the
02:06:44 streetcar is starting on September 26th we will be
02:06:46 expanding the hours of the streetcar through March starting
02:06:49 at 7 a.m. through the regular special hours which it wasn't
02:06:56 spent last year, and look at how we can make this a more
02:07:00 viable transportation option for people that live along the
02:07:03 Channel District, Ybor City and downtown.
02:07:05 So we are really excited with this outcome and can't wait to
02:07:08 get it going.
02:07:09 >>MIKE SUAREZ: Thank you.
02:07:10 Any questions or comments?
02:07:12 >>CHARLIE MIRANDA: Move the resolution.
02:07:14 >> Second.
02:07:14 >>MIKE SUAREZ: Motion from Mr. Miranda.
02:07:17 Second -- and I will ask for the public in a motion.
02:07:23 Is there anyone in the public that would like to speak on
02:07:25 item number 65?
02:07:26 65?
02:07:27 I see no one.
02:07:28 We do have a motion on the floor.
02:07:29 All in favor of that motion please indicate by saying aye.
02:07:33 Any opposed?
02:07:34 >> Motion to close the public hearing.
02:07:41 >> Second.
02:07:42 >>MIKE SUAREZ: Second by Mr. Miranda.
02:07:44 All in favor?
02:07:45 Any opposed?
02:07:45 >>SAL TERRITO: Sal Territo again.
02:07:52 There are people from the I don't if you have any questions.
02:07:54 Once again I remind you, you have two resolutions here.
02:07:57 The only one that has to be passed in the public hearing is
02:08:00 the first one.
02:08:01 The second one is the contract which is not necessary.
02:08:05 >>MIKE SUAREZ: Thank you, Mr. Territo.
02:08:07 >> Good afternoon.
02:08:12 Christine Burdick, downtown partnership.
02:08:16 I am here also representing the leadership of Richard Davis,
02:08:23 our chairman and since the district was formed, 22 or 23
02:08:31 years ago.
02:08:33 He has been our adviser, and he has really kept up and made
02:08:40 the fee work for us as well as you.
02:08:44 I am here to seek your support and your approval for the
02:08:51 adoption of the assessment roles for the provision of the
02:08:56 services, and the agreement of services that we do annually.
02:09:04 We had an opportunity to offer two different community
02:09:07 meetings, one in the afternoon, one in the morning, for
02:09:09 people who are included in the assessed and to answer their
02:09:15 questions and get their advice.
02:09:16 We had a few attendees.
02:09:18 We met the owner of some properties that might be interested
02:09:21 in developing it in the Channel District.
02:09:25 So all in all it was a successful venture.
02:09:27 So I am beseeching ugh for your support again for the 22nd
02:09:31 or 23rd time in order to have downtown management.
02:09:34 >>MIKE SUAREZ: And I'm not sure I will be beseeched but I
02:09:38 will be glad to see if anyone else has any questions on
02:09:40 this.
02:09:40 Any questions at all of Mrs. Burdick?
02:09:43 Is there anyone in the public that would like to speak on
02:09:45 item number 6.
02:09:46 >> please come forward.
02:09:48 All right.
02:09:48 I see no one.
02:09:49 >> Move the resolution.
02:09:51 >>MIKE SUAREZ: Motion to move the resolution from Mr.
02:09:54 Cohen, second by Mr. Maniscalco.
02:09:56 All in favor?
02:09:57 Any opposed?
02:09:58 If I can get a motion to close.
02:10:00 >> So moved.
02:10:01 >> Second.
02:10:01 >>MIKE SUAREZ: Motion by Mr. Cohen.
02:10:03 Second from Mr. Reddick.
02:10:04 All in favor of that motion to close the public hearing?
02:10:08 Any opposed?
02:10:09 Thank you.
02:10:09 >> Next up is the contract to use the money that we just
02:10:19 allowed to go forward.
02:10:20 One anyone like to move that resolution?
02:10:22 I have a motion from Mr. Maniscalco, second from Mr. Cohen.
02:10:25 All in favor of moving item number 67 please indicate by
02:10:28 saying aye.
02:10:29 Any opposed?
02:10:31 Okay.
02:10:35 Mr. Chairman we are going to look at item 77, 78, 79.
02:10:41 I apologize.
02:10:42 I was going to go -- all right.
02:10:49 Sorry.
02:10:50 I apologize.
02:10:55 Item number 67.
02:10:56 >>SAL TERRITO: Tampa Westshore assessment.
02:11:03 There are two that have to be approved in the public hearing
02:11:06 and the service agreement does not.
02:11:07 >>MIKE SUAREZ: Terrific.
02:11:09 Thank you, sir.
02:11:09 >> Chris Weber, Westshore Alliance, on behalf of our
02:11:16 president.
02:11:17 I know you all are familiar with the special assessment.
02:11:19 So in the interest of time, I will take any questions you
02:11:25 have.
02:11:25 I appreciate your support.
02:11:26 >>MIKE SUAREZ: Any questions from council on this item?
02:11:29 Is there anyone in the public that would like to speak on
02:11:31 item number 67?
02:11:32 67?
02:11:34 >>CHARLIE MIRANDA: Move the resolution.
02:11:35 >>MIKE SUAREZ: Motion to move the resolution by Mr.
02:11:37 Miranda.
02:11:37 Second from Mr. Cohen.
02:11:38 All in favor?
02:11:39 Any opposed?
02:11:40 >> Move to close the public hearing.
02:11:43 >>MIKE SUAREZ: Motion to close from Mr. Cohen.
02:11:45 Second from Mr. Miranda.
02:11:46 All in favor of that motion?
02:11:49 Okay.
02:11:49 >> Move the resolution on the ad valorem.
02:11:55 >>MIKE SUAREZ: A and a second from Mr. Miranda.
02:11:58 All in favor of that motion indicate by saying aye.
02:12:00 Any opposed
02:12:01 Thank you.
02:12:02 Back to what I was saying before.
02:12:04 Let's move on to item number 77 if the chief could come
02:12:16 forward, please.
02:12:16 We have a lot of chiefs and no Indians coming up.
02:12:19 >> Good afternoon, council.
02:12:24 Eric Ward, chief of police, City of Tampa police department.
02:12:36 To give you an update on issues to maintain our citations
02:12:44 issued both in bike and vehicle stops.
02:12:47 If you look at the map in front of you now, we have passed
02:12:52 May, June, and July, and the way we are trending as far as
02:12:55 our enforcement efforts, bike stops for those two months,
02:13:01 beginning with July, which you can see a significant
02:13:04 decrease.
02:13:17 Also you can see the decrease over the months issued for
02:13:22 May, June and July compared to 2015, same time period.
02:13:41 You can see for the last three months, May, June, July, a
02:13:46 number of significant decrease, down 41% for July.
02:13:55 There's a graph indicating the bike stops from the time we
02:14:06 started putting our code enforcement.
02:14:12 Same graph with the total bike citations.
02:14:29 The question about the number of arrests, bike stops, you
02:14:55 can see those are also going down.
02:15:08 This is a graph indicated by quarters when we first started,
02:15:17 the number of bike stops.
02:15:23 Any questions?
02:15:38 >>MIKE SUAREZ: Any questions from council to Chief Ward on
02:15:42 this issue?
02:15:43 >>FRANK REDDICK: I have a question.
02:15:44 So based on your report, you are saying that the number of
02:15:51 tickets that have been issued are currently down.
02:15:57 CHIEF ERIC WARD: Yes.
02:16:01 >>FRANK REDDICK: And that's the same with the number of
02:16:03 arrests made courage currently down.
02:16:05 >> Yes.
02:16:07 >>FRANK REDDICK: What brought about that downturn?
02:16:09 >> Well, taking a more strategic approach.
02:16:12 We tried to focus more on our education piece versus
02:16:15 citation.
02:16:18 Having the officers understand my mission and the goals that
02:16:22 we try to achieve was the key to the members, the trend you
02:16:26 are having.
02:16:27 >>MIKE SUAREZ: Mr. Reddick, anything else are?
02:16:33 >>FRANK REDDICK: No.
02:16:34 >>MIKE SUAREZ: Chief, I have a couple of questions.
02:16:36 One, it looked like the total citations have gone down.
02:16:41 It does look like you are still doing pretty good police
02:16:44 work because I was looking at the number of firearms that
02:16:47 were gathered by virtue of the stops, and they were about
02:16:51 the same from quarter to quarter meaning even though you
02:16:54 reduced the number of warnings and citations, you still are
02:16:57 getting the same number of firearms, which goes to show that
02:17:01 you are probably doing a better job of police work on the
02:17:05 ground, from the ground as opposed to just having an
02:17:10 artificial number of citations issued and hoping that you
02:17:14 would capture some of those firearms.
02:17:18 Is that a fair assessment?
02:17:20 >> I think a lot of it has to do with the community getting
02:17:23 involved.
02:17:23 We asked the public to assist us in our efforts.
02:17:26 And we received numerous calls about individuals that the
02:17:30 community knows are carrying firearms on the street and we
02:17:35 received those calls and we put those officers out looking
02:17:38 for those individuals specifically that are carrying
02:17:41 firearms.
02:17:41 >>MIKE SUAREZ: Do you feel like because of the number of
02:17:44 citations and warnings that have been issued have gone down,
02:17:48 relatively, because I think you had a little spike up on one
02:17:52 or two of the months during that one quarter basis, the
02:17:55 summer basis, do you think that it has inhibited you as a
02:17:59 police force to have that reduced?
02:18:01 Or do you think that you are just doing a much better job of
02:18:04 actually, as you mentioned, getting help from the community
02:18:08 to really do the police work that's necessary?
02:18:10 >> Well, I think it's a combination of things.
02:18:12 I think the educational piece.
02:18:14 I think City Council putting the word out on the street that
02:18:18 people need to obey traffic laws.
02:18:21 I think when we combine the two along with the public
02:18:24 assistance, that's why we see the reduction.
02:18:27 >>MIKE SUAREZ: Terrific.
02:18:28 Do you think that trend is going to continue to go down?
02:18:31 CHIEF ERIC WARD: I hope so.
02:18:32 >>MIKE SUAREZ: You hope so. Terrific. Thank you, chief.
02:18:35 Anything else from council?
02:18:37 Chief, thank you so much.
02:18:38 I think we are still going to do a couple other things.
02:18:40 We are on to be item number 78 now.
02:18:44 Concerning I think this is the body cameras.
02:18:48 >>CHIEF ERIC WARD: Yes, sir.
02:18:51 >> Major Mike Boumeister.
02:18:58 >> You look a little different.
02:19:00 >> He has the information on the body cams.
02:19:03 >> My pleasure to be here.
02:19:05 I'm Major Mike Boumeister.
02:19:14 We did a request for information and then we did a request
02:19:17 for purchase.
02:19:18 The purchase came back.
02:19:21 We were able to buy them for 750 cameras.
02:19:25 We chose to do a study with USF and only purchased 50.
02:19:29 I am trying to take it slow with the study being conducted
02:19:31 from April to April pretty much.
02:19:35 We probably got the study back.
02:19:38 The results are pretty much as predicted.
02:19:43 There were 60 officers which was spread throughout the city.
02:19:47 What they did is they looked at a response to resistance
02:19:52 data with the same officers and then looked at the year that
02:19:55 they had the cameras on them.
02:19:56 They also did a control group of 50 officers that didn't
02:19:59 have cameras on them and they did the same study, the year
02:20:02 before and the year after.
02:20:03 The officers that had cameras on them, it showed an 8.4%
02:20:07 reduction in response to resistance, physical force.
02:20:13 Contrary to when they didn't have cameras on, I believe it
02:20:18 was 3.47% compared.
02:20:24 So the result of the study came back.
02:20:27 We analyze it a little bit.
02:20:30 One thing we did note in the study that cameras are not the
02:20:32 end-all.
02:20:33 We have also engaged no lot of training with our officers.
02:20:38 We try to be transparent.
02:20:41 But it's not just the cam ration that make us transparent.
02:20:43 How we act, and we put a lot of effort into training our
02:20:47 officers, more community policing efforts, and also the
02:20:50 cameras.
02:20:51 That's the result of the study.
02:20:52 If you have any questions I'll try to answer them for you.
02:20:54 >>MIKE SUAREZ: Any questions?
02:20:56 Mr. Reddick.
02:20:58 >>FRANK REDDICK: Let me see if I heard this right.
02:21:01 You stated the one without the cameras, the numbers are
02:21:08 higher than the ones who wore the cameras.
02:21:12 Is that correct?
02:21:12 >> The data, the 50 officers the data showed their use of
02:21:17 force in the encounter were up 3.4% compared to the year
02:21:21 before.
02:21:21 >> Did they explain why?
02:21:23 >> No, the study didn't really go into that.
02:21:25 There's a lot of theories.
02:21:28 If you ask my opinion, I believe officers' behavior was
02:21:33 improved.
02:21:33 But I believe also community behavior on the ones that wore
02:21:36 the camera because obviously they are filmed.
02:21:38 With everything going on, I think tensions are a little bit
02:21:41 higher and I think that might be adverse the ones without
02:21:45 the cameras might have increased slightly.
02:21:47 The officers didn't do anything different.
02:21:50 It just increased 3.4% a year later.
02:21:56 Even though we only studied 60 officers both with and
02:22:00 without the cameras, when they looked at the department's
02:22:03 use of force of response, overall the department was down,
02:22:09 response to resisting.
02:22:11 When you look at only 60, they also handle the whole
02:22:15 department.
02:22:15 So we are down also.
02:22:16 When you analyze the whole department.
02:22:19 >>FRANK REDDICK: And are you planning on expanding from 350
02:22:29 to more cameras?
02:22:30 >> Right now we have -- it's a $900,000 grant.
02:22:38 It's a matching grant.
02:22:39 600 that you from the grant.
02:22:41 300,000 from the city.
02:22:43 So hopefully we'll find out something soon.
02:22:54 >>FRANK REDDICK: Let me ask this question and tell me the
02:22:56 protocol for this.
02:23:00 Those who were wearing the cameras, and if an incident takes
02:23:06 place, what is the process for the public?
02:23:12 >> It's just like anybody else, if they want to do a public
02:23:15 records request they go to the police department, do a
02:23:17 public records request.
02:23:18 The more narrow they can make the request the easier it is
02:23:22 to find.
02:23:22 Then they go through the legal office and they'll locate and
02:23:28 do a report or whatever.
02:23:29 >> Is there a cost?
02:23:31 >> There is a cost depending upon the research and the time
02:23:33 it takes to produce what they are asking for.
02:23:36 Like I said, the more they narrow it down, it tends not to
02:23:40 be excessive but if it's like a blind search and takes hours
02:23:44 it can be get costly so it depends on what they are asking
02:23:47 for.
02:23:47 >> Be what is the time frame for deleting the camera, the
02:23:50 film? What is the time frame for the deletion of those
02:23:54 particular cameras?
02:23:55 >> It all depends on the type of video that was recorded.
02:23:59 Every video stays a minimum of 90 days, then we delete it
02:24:05 after 30 days so we don't keep all that video.
02:24:08 But if it's like a felony, misdemeanor, it all depends on
02:24:11 the evidentiary value and how long it will take to get
02:24:14 through the court system.
02:24:15 For something like a homicide, we keep that pretty much
02:24:18 forever until it's not needed anymore.
02:24:20 But at the level of the crime, severity, the retention goes
02:24:27 lower.
02:24:27 >> So the final question.
02:24:31 If you keep it for 30 days and someone from the public put
02:24:36 in a public records request to obtain Tampa image of those
02:24:40 cameras, do you delay destroying the camera, the film for
02:24:47 the cameras, or the image of the cameras, if someone put in
02:24:51 a public records request?
02:24:53 More than 30 days?
02:24:55 >> Maybe it wasn't explained well enough.
02:24:58 All videos get kept in the storage system for a minimum of
02:25:02 90 days.
02:25:03 All video.
02:25:06 If it's deemed of not evidently value then it's created.
02:25:09 So it's based on cost.
02:25:10 So after a minimum of 90 days, then possibly it's going to
02:25:17 get deleted if it's not of evidentiary value.
02:25:20 >> Keep running the cameras.
02:25:28 >>MIKE SUAREZ: Any other questions?
02:25:31 >>LISA MONTELIONE: When do you think we'll have the funding
02:25:35 to expand the program?
02:25:41 I finished combing through the budget as proposed by the
02:25:45 mayor.
02:25:47 Is there additional funding anticipated?
02:25:50 >> We applied for that grant, a $20 that you grant and we
02:25:54 have to match 50%.
02:25:56 >>LISA MONTELIONE: Right.
02:25:57 But that's a grant.
02:25:58 I mean, what's the total dollar amount? Why wouldn't we
02:26:02 just go ahead and because it's a good public policy, and go
02:26:05 ahead and purchase these cameras?
02:26:09 >> At the time we presented the budget we didn't have the
02:26:11 report back yet.
02:26:12 So now that we have the report back, we can plan,
02:26:16 anticipating the purchase of these cameras.
02:26:20 The first installment to equip the guys in patrol with those
02:26:24 cameras.
02:26:25 I believe it's $750,000.
02:26:29 And it's a recurring fee just for storage alone of about
02:26:34 550,000 a year, depending on how much data we store.
02:26:41 It can increase or decrease based on the deletion of the
02:26:43 video.
02:26:46 >>LISA MONTELIONE: Sure.
02:26:47 So it's 750 to purchase the cameras, to outfit every police
02:26:51 officer?
02:26:52 >> The majority.
02:26:53 Everyone in patrol.
02:26:54 Everyone in patrol.
02:26:57 I mean, you wouldn't put them on Tampa vice squad or
02:27:01 something like that.
02:27:02 >>LISA MONTELIONE: You don't want the undercover guys
02:27:06 wearing a camera.
02:27:08 And 550.
02:27:11 Again, although we haven't even heard the budget yet at a
02:27:16 public hearing, we could ask for an adjustment in the budget
02:27:23 to find that 750,000 and go ahead and purchase the cameras.
02:27:30 Would the grant cover that you are applying for, it -- we
02:27:35 have to match it 50%?
02:27:41 Does that cover the 550,000 operating or is that just for
02:27:44 the purchase of the cameras?
02:27:47 >> Cameras and storage for that first year.
02:27:49 And then also additional manpower that we will have to have
02:27:53 when you expand the program.
02:27:55 You need individuals to handle the public records report as
02:27:59 well as administrator assistant to make sure that --
02:28:02 >>LISA MONTELIONE: And that's included in the grant as
02:28:04 well?
02:28:05 >> That's part of that fee.
02:28:06 >>LISA MONTELIONE: Oh, it's part of the 550.
02:28:08 >> No, the -- we'll get 600,000 finance we get the grant
02:28:15 plus 300 that you match and that should cover the first year
02:28:18 of operation, which is equipment, storage, and two
02:28:24 additional bodies.
02:28:24 >>LISA MONTELIONE: And again, when do you think we'll hear
02:28:29 back on the grant?
02:28:32 >> Whenever DOJ -- I don't know.
02:28:35 I have no idea.
02:28:36 >>LISA MONTELIONE: Usually, a grant, there is a date you
02:28:40 have to file by.
02:28:41 >> Right.
02:28:43 >>LISA MONTELIONE: And then there is a time that they tell
02:28:45 you when they are going to announce --
02:28:48 >> No.
02:28:49 We have tried and they won't give us a date when they
02:28:51 announce.
02:28:51 >>LISA MONTELIONE: If any of my colleagues know if they
02:28:55 agree with me to try and put this in the budget outright.
02:28:59 I mean, if we are saving lives, telephone we are keeping
02:29:02 people out of jail and keeping our police officers safe, I
02:29:06 don't want to wait on a grant of that we don't know when it
02:29:11 may come to us or not.
02:29:12 I mean, I would want to implement something this important
02:29:18 as soon as possible.
02:29:18 >> That's up to council.
02:29:26 >>LISA MONTELIONE: Well, no actually the mayor.
02:29:28 We could make suggestions to the budget for whether or not
02:29:32 it actually appears in the budget.
02:29:38 As budgets go for the most part, the budget as presented is
02:29:42 pretty similar, if not identical, to the budget that is
02:29:44 passed.
02:29:47 So if there was going to be a large change we could ask for
02:29:50 it and see if we get cooperation.
02:29:57 I would be in favor of doing that.
02:30:00 Adjustment for the record.
02:30:01 >> An additional piece.
02:30:03 If we were to get that additional funds to equip all the
02:30:07 patrol officers with cameras, it's not an immediate process.
02:30:12 There has to be training.
02:30:13 >>LISA MONTELIONE: Sure.
02:30:14 CHIEF ERIC WARD: We have to get the go employees in place
02:30:17 to handle all the administrative, the public records
02:30:19 request.
02:30:19 It's not an immediate fix.
02:30:21 >>LISA MONTELIONE: No.
02:30:22 Understood.
02:30:23 But I'm just saying if we don't have to wait for the grant,
02:30:26 we could get started that much sooner.
02:30:29 Thank you.
02:30:29 >>MIKE SUAREZ: Any other questions or concerns?
02:30:35 I have just one quick thing and this is a technical
02:30:37 question.
02:30:38 As part of the study, what was the standard operating
02:30:42 procedure for turning on and off the camera?
02:30:44 Because I know that was a discussion we talked about a while
02:30:47 back when we first got the cameras.
02:30:49 And I know that you all were working and Chief Castor may
02:30:52 have still been chief at that time but we were talking about
02:30:57 when do we turn on the cameras and when can we turn them off
02:31:00 because that would have an effect also.
02:31:02 >> In any standard operating procedure, there are certain in
02:31:09 there, and traffic stops, pursuits, whether it be vehicle or
02:31:13 foot, potential confrontational, response to resisting
02:31:19 situations, suspicious calls, that you are going to
02:31:26 interview with Miranda, building checks, and just a
02:31:29 catch-all, if the officer feels -- go for the shall.
02:31:37 The other parts ever a lot of officer discretion in there.
02:31:40 We have to put a little caveat.
02:31:41 If something is happening immediate, and they have to handle
02:31:45 whatever they have to handle.
02:31:46 And then as soon as they comfortably can turn them on, turn
02:31:50 them on.
02:31:51 >>MIKE SUAREZ: Let's say, for example, someone had an issue
02:31:57 where they had some kind of resistance issue, or fight
02:32:01 between themselves and an alleged criminal and the camera
02:32:04 was not turned on.
02:32:06 Did you all cross-reference when you can turn on the camera
02:32:09 but yet you still had a report indicating the type of thing?
02:32:12 Was that also part -- I guess my question is, what was the
02:32:20 number of those, either a percentage basis or total basis,
02:32:23 if you only have one or two, I totally understand it's not
02:32:26 in the report, and a lot of the report as you know is really
02:32:28 going back to graduate school.
02:32:30 I mean, it's not in plain English, it's talked about like a
02:32:41 social scientist one talk about.
02:32:43 >> That really wasn't a focus of the study so it's not in
02:32:45 the study.
02:32:46 We haven't really looked --
02:32:48 >> Hasn't been part of that.
02:32:49 >> It's probably a low number.
02:32:51 They are required to document if they are required to turn
02:32:54 on the camera why it's not in the report and --
02:32:59 >>MIKE SUAREZ: I would suggest going back and looking at
02:33:01 fountain they did not already look at it or doing some
02:33:03 research on your own to make sure it didn't skew the numbers
02:33:06 at all.
02:33:06 Because if you turn off the camera during some kind of
02:33:10 resistance issue, you know, county skew what those numbers
02:33:13 are, because you don't actually know what happened, and it
02:33:17 doesn't matter what the patrol group is doing, it's going to
02:33:20 off-balance the report a little bit.
02:33:22 I think you know what I am talking about.
02:33:24 So if it's a large number it makes a difference.
02:33:26 If it's a small number it's not going to make a difference.
02:33:29 My guess is they probably would report that.
02:33:32 But still I would check into that because we want to make
02:33:35 sure they are accurate numbers.
02:33:36 >> I'll check with the professor.
02:33:38 >>MIKE SUAREZ: That's great.
02:33:39 Thank you so much.
02:33:40 Any other questions by council on this item?
02:33:42 Thank you all.
02:33:44 Next up, we still have something with -- I think we have
02:33:47 with police which is City Liquors.
02:33:52 Not City Slickers.
02:33:55 City Liquors.
02:33:55 >> Good afternoon. Talking about City Liquors.
02:34:21 He's quite familiar with this establishment and the prior
02:34:23 name as well.
02:34:25 Interstate Lounge.
02:34:27 I'm also very familiar with the owner, Mr. Frank Larson.
02:34:30 And we have a very proactive working relationship with him.
02:34:35 As a matter of fact, I would say it's probably the most
02:34:37 proactive relationship I have with any nightclub
02:34:40 establishment or bar in district 2.
02:34:42 So I reviewed some of the facts.
02:34:44 And I have a chart to highlight for you.
02:34:50 This is a comparison of calls for service between year to
02:34:53 date 2015 and year to date 2016.
02:34:56 The total green would be the total cost for service.
02:34:59 And then the breakdown.
02:35:00 Blue would be self-initiated where we put ourselves out on
02:35:04 it and red would be dispatched.
02:35:06 You can see the increase in the self-initiated.
02:35:09 And the reason for that is we have a bar check program that
02:35:12 we have been doing for quite some time but we have recently
02:35:15 changed 2 way that we log those bar checks which is logged
02:35:23 in.
02:35:24 Therefore that's a self-initiated call which it wasn't
02:35:26 before.
02:35:27 So the majority of the increases in self-initiated are for
02:35:32 proactive bar check.
02:35:36 So myself and actually MPO Donnie Miller as well as Frank
02:35:42 Dawson, and he's made a lot of improvements over the years,
02:35:45 and in particular homicides that we have recently really had
02:35:49 nothing to do with this club.
02:35:53 She was out in the parking lot at the time.
02:35:55 Just her and another person out there.
02:35:57 >>LISA MONTELIONE: Thank you, Mr. Chair.
02:36:06 So I was recently with a gentleman who was retired from the
02:36:12 police department, and I mentioned that I had asked for a
02:36:19 report, and I said, I couldn't remember the name of the club
02:36:22 at the time, and they said it's on Nebraska, and he knew
02:36:25 exactly which club I was talking about and he's been retired
02:36:28 for 20 years or so.
02:36:30 So this establishment had apparently a very long history.
02:36:37 And you know from being in district 2 for so long.
02:36:43 How is it that whether the call was self-initiated because
02:36:47 of how you are reporting, but how is a establishment that
02:36:55 had such a reputation for so many years still continue to
02:37:00 operate and not be a scourge on the community?
02:37:05 >> When we receive calls whether it be dispatch or
02:37:21 self-initiated, with you can see how they rank with majority
02:37:25 of clubs in South Tampa.
02:37:26 The owner as well.
02:37:28 When it changed names.
02:37:31 That's what everybody recognizes it as.
02:37:34 City liquors, he's made a ton of improvements.
02:37:37 As a matter of fact the issue that we had several years ago
02:37:39 because the shut Tampa entire club down and revamped the
02:37:43 club, changed it to credit card ID readers, added security
02:37:47 camera enhancements, and our recommendations as well.
02:37:58 >> And Chief Ward, can you leave that up there?
02:38:03 Or let council look at it because I want to see those
02:38:07 numbers again.
02:38:08 Thank you.
02:38:09 So you rank here number 9.
02:38:21 And this is just from --
02:38:29 >> The numbers are off by one if you look at the top, where
02:38:33 one starts.
02:38:35 >>LISA MONTELIONE: Well, I'm looking at the number
02:38:37 dispatched, 106.
02:38:41 Total 327.
02:38:43 Reports 46.
02:38:44 So roughly, if there's 106 dispatched calls and 46 reports,
02:38:48 it's about half the time an officer goes out to some kind of
02:38:53 report.
02:38:54 >> Yes.
02:38:54 >> And a lot of it is dispatch calls from him or being
02:38:59 proactive in nature if there's a dispute or a situation
02:39:01 that's happening.
02:39:02 They are calling us out to have them trespassed before
02:39:05 something happens.
02:39:05 >>LISA MONTELIONE: Well, that's good, I guess.
02:39:12 Getting a nod from DONNY over here.
02:39:16 But it's very disconcerting because, you know, at a time
02:39:21 when we are trying to, you know, keep our citizens safe from
02:39:26 so many things, it seems like we need to keep them safe from
02:39:29 going there.
02:39:29 >> I would agree that with every location and we have a good
02:39:43 handle and good working relationship.
02:39:45 And we have made a lot of improvements.
02:39:47 The last case was a tragic incident that happened that
02:39:51 really didn't have any correlation to the actual bar itself
02:39:55 or the security of the bar.
02:39:56 >>LISA MONTELIONE: One of the things that the gentleman,
02:40:00 retired officer, was telling me is that prosecution and drug
02:40:06 dealing was very common.
02:40:09 >> We even had him add lighting around the corner to the
02:40:16 north side of the bar.
02:40:17 That was an area that was ramped up for that activity.
02:40:22 And cameras in that area.
02:40:23 >>LISA MONTELIONE: Okay.
02:40:27 Well, I guess we'll just continue to keep an eye on it.
02:40:30 But thank you for working with the owner and getting all
02:40:34 those improvements.
02:40:36 >>MIKE SUAREZ: Any other questions from council?
02:40:48 On this item?
02:40:49 Okay.
02:40:51 Chief, thank you very much.
02:40:53 Appreciate it.
02:40:55 We jump back to item number 68 which goes in conjunction
02:40:59 with number 5.
02:41:02 Mr. Shelby, number 5 just needs to be moved as a resolution,
02:41:06 correct?
02:41:06 And then number 68 is the public hearing, am I correct?
02:41:21 Why don't we do the public hearing portion of that?
02:41:24 Is there number on number 68, staff, anybody on staff want
02:41:28 to talk about that? I was going to ask if anyone would like
02:41:31 to speak to item number 68, a change in our parking code of
02:41:35 ordinances concerning how we collect certain fines.
02:41:38 Is there anyone here that would like to speak on item number
02:41:41 68?
02:41:41 68?
02:41:42 I see no one.
02:41:44 Can I close that?
02:41:47 I have a motion to close from Mr. Cohen.
02:41:49 A second from Mr. Maniscalco.
02:41:51 All in favor of that motion please indicate by saying aye.
02:41:54 Any opposed?
02:41:56 Mr. Maniscalco, if you could take number item 68.
02:42:01 And I guess do we need to move this first or do we move the
02:42:05 ordinance first?
02:42:06 Either way.
02:42:06 Why don't you go ahead and read the ordinance, number 5.
02:42:09 Then move number 68.
02:42:10 >> I have an ordinance being presented for first reading
02:42:13 consideration, an ordinance for the city of Tampa, Florida
02:42:15 relating to penalties for parking violations making
02:42:17 revisions to the city of Code of ordinances chapter 15
02:42:21 parking amending article 2, regulation, penalty section
02:42:28 15-21, ticket cancellation privileges, repealing all
02:42:32 ordinances or parts of ordinances in conflict therewith,
02:42:35 providing for severability, providing an effective date.
02:42:39 124 I have a motion from Mr. Maniscalco, a second from Mr.
02:42:43 Reddick.
02:42:43 All in favor of that motion?
02:42:45 Any opposed?
02:42:46 >>THE CLERK: Second reading and adoption on number 5 will
02:42:50 be held on September 15th, 2016 at 9:30 a.m.
02:42:55 >>MIKE SUAREZ: Thank you.
02:42:57 Mr. Maniscalco, if you would move number 68.
02:43:08 You have to read the second one also?
02:43:12 You already read the ordinance.
02:43:13 >>LISA MONTELIONE: I think we read the ordinance.
02:43:15 >>MIKE SUAREZ: 68 is the public hearing on the ordinance.
02:43:19 >>MARTIN SHELBY: No.
02:43:21 The confusion is there are two separate ordinances that
02:43:24 require to effectuate the same.
02:43:28 >>CLERK: At second reading you will be adopting the
02:43:33 associated --
02:43:36 >>MIKE SUAREZ: Got it.
02:43:37 So you need to read the resolution.
02:43:42 We are perfect? All we need to know.
02:43:44 Thank you very much.
02:43:45 We have two public hearings now.
02:43:46 Our 10:30 hearings at 2:45.
02:43:50 If we can get staff on item number 69.
02:43:53 >> Barbara Lynch, Land Development Coordination.
02:43:58 A request to close an alley in West Tampa.
02:44:08 The property is -- the application is in red and the alley
02:44:11 to be vacated is in yellow and the alley is Cordelia, north
02:44:18 of Aileen, it's improved, and here is a picture of the
02:44:24 alleyway from MacDill, and this is the alley looking
02:44:33 west from Gomez.
02:44:38 I didn't see any evidence of any transportation.
02:44:43 The property of the applicant, it should be the same looking
02:44:46 south on Cordelia.
02:44:48 The alley on the south side.
02:44:50 And staff has no objection to this.
02:44:54 There is wastewater in the alley.
02:45:00 Easements by Verizon.
02:45:02 >>MIKE SUAREZ: Any questions from council and staff?
02:45:04 Petitioner?
02:45:04 >>JOHN GRANDOFF: On behalf of the applicant.
02:45:10 My address is suite 3700 Bank of America Plaza.
02:45:14 This is a platted alley 10 feet wide that's never been
02:45:17 improved.
02:45:17 And reserved one for wastewater, one for Verizon.
02:45:24 I have not received any objection.
02:45:25 I respectfully request your approval.
02:45:27 >>MIKE SUAREZ: Thank you.
02:45:28 Is there anyone in the audience that would like to speak on
02:45:31 item number 69?
02:45:32 69 concerning the vacation?
02:45:35 I see no one.
02:45:36 >> Move to close.
02:45:38 >>MIKE SUAREZ: Motion to close by Mr. Cohen.
02:45:40 Second by Mr. Maniscalco.
02:45:42 All in favor of that motion indicate by saying aye.
02:45:45 Any opposed?
02:45:46 Okay.
02:45:48 Ms. Montelione.
02:45:51 Number 69.
02:45:52 >>LISA MONTELIONE: I move an ordinance being presented for
02:45:54 first reading consideration, an ordinance vacating, closing,
02:45:56 discontinuing, and abandoning an alleyway north of Aileen
02:46:01 street, south of Cordelia street, east of MacDill,
02:46:05 otherwise known as Roosevelt Avenue, and west of Gomez
02:46:09 Avenue in John H. drew's subdivision, a subdivision in the
02:46:13 City of Tampa, Hillsborough County Florida the same being
02:46:15 more fully described in section 1 hereof subject to certain
02:46:19 easement reservations, covenants, conditions and
02:46:22 restrictions more particularly set forth herein, providing
02:46:25 an effective date.
02:46:25 >> Second.
02:46:27 >>MIKE SUAREZ: I have a motion by Mrs. Montelione.
02:46:30 Second by Mr. Maniscalco.
02:46:31 All in favor?
02:46:32 Any opposed?
02:46:33 >>THE CLERK: Motion carried with Miranda and Capin being
02:46:37 absent at vote.
02:46:39 Second reading and adoption will be on September 15, 2016 at
02:46:44 9:30 a.m.
02:46:45 >>MIKE SUAREZ: Thank you.
02:46:46 Item number 70.
02:46:47 Mrs. Lynch.
02:46:47 >>BARBARA LYNCH: Land Development Coordination.
02:46:52 VAC 16-18 is an alley in the same part of town.
02:46:55 It's the last vacating in West Tampa, Macfarlane Park.
02:47:00 I have a map for the overhead.
02:47:04 The applicant property is in red, the alley in yellow.
02:47:07 The alley is south of Dewey and north of Abdella and runs
02:47:13 from Gomez to Habana Avenue.
02:47:20 This is alleyway looking west from Habana.
02:47:23 And here it is again looking east from Gomez.
02:47:26 And this is the applicant's property.
02:47:28 It's vacant right now.
02:47:29 I believe they are going to construct a couple of houses
02:47:32 there
02:47:33 Again, there is no staff objections.
02:47:37 There are easements.
02:47:38 >>MIKE SUAREZ: Petitioner.
02:47:42 Item number 70.
02:47:45 >> Good afternoon.
02:47:46 My name is Vivian Hernandez, 17117 Lake Shore road in Lutz,
02:47:53 Florida.
02:47:54 I am the owner of the property at 2919.
02:47:58 My request is for the city to vacate the alley located in
02:48:02 the rear of the property.
02:48:03 And I'm here to answer any questions you may have.
02:48:06 >>MIKE SUAREZ: Any questions from council to petitioner or
02:48:13 staff?
02:48:13 Is there anyone in the public to speak on item 70?
02:48:16 Please come forward.
02:48:18 I have a motion to close by Mr. Cohen.
02:48:19 I have a second from Mr. Maniscalco.
02:48:21 All in favor of that motion?
02:48:23 Any opposed?
02:48:24 Mr. Reddick, kindly take number 7.
02:48:27 >>FRANK REDDICK: Move an ordinance being presented for
02:48:29 first reading consideration, an ordinance vacating, closing,
02:48:32 discontinuing, abandoning an alleyway lying south of Dewey
02:48:39 street, north of Abdella street, east of Gomez Avenue and
02:48:43 west of Habana Avenue, in John H. drew's subdivision in
02:48:47 northwest Tampa a subdivision in the City of Tampa,
02:48:49 Hillsborough County Florida the same being more fully
02:48:51 described in section 1 hereof subject to certain easement
02:48:54 reservations, covenants, conditions and restrictions more
02:48:58 particularly set forth herein providing an effective date.
02:49:00 >>MIKE SUAREZ: Motion by Mr. Reddick.
02:49:02 Second by Mr. Cohen.
02:49:03 All in favor of that motion?
02:49:05 Any opposed?
02:49:06 Thank you.
02:49:06 >>THE CLERK: Motion carried with Miranda and Capin being
02:49:09 absent at vote.
02:49:11 Second reading and adoption will be held on September
02:49:14 15th, 2016 at 9:30 a.m.
02:49:18 >>MIKE SUAREZ: Thank you.
02:49:20 Number 71.
02:49:25 Mr. Territo, we tried to keep you awake as much as possible.
02:49:28 I apologize.
02:49:29 >>SAL TERRITO: Legal department.
02:49:31 Item number 71 is a request for a sales tax refunding and
02:49:35 tax improvement bond issuance which you may recall this is
02:49:38 on your consent agenda two weeks ago.
02:49:41 We pulled it because they had to tweak some numbers.
02:49:43 The only difference between then and now is some dates were
02:49:46 adjusted because of the two-week delay.
02:49:48 If you have any questions I will be happy to answer them.
02:49:50 >>MIKE SUAREZ: Any questions from council on this item?
02:49:53 >> Move to close.
02:49:55 >> Second.
02:49:55 >>MIKE SUAREZ: Motion by Mr. Reddick.
02:49:57 I have a second by Mr. Cohen.
02:49:58 All in favor of that motion?
02:50:00 Any opposed?
02:50:04 Item number 72, sir.
02:50:05 >> Sal Territo, legal department.
02:50:11 Are the same situation as last time.
02:50:12 This is a request for a non-ad valorem refunding and
02:50:15 improvement revenue bonds. This also was on your agenda two
02:50:17 weeks ago and was pulled to tweak some numbers and once
02:50:20 again the only changes have been some dates to correspond to
02:50:23 the two-week delay.
02:50:24 >>MIKE SUAREZ: Are you trying to say something, Mr. Shelby?
02:50:31 >>MARTIN SHELBY: [Off microphone.]
02:50:35 >>MIKE SUAREZ: Mr. Reddick moved the resolution.
02:50:37 Second by Mr. Maniscalco.
02:50:39 All in favor?
02:50:40 Any opposed?
02:50:42 Thank you.
02:50:46 Number 73.
02:50:47 Are you going to take that one, too?
02:50:49 You can have it if you want.
02:50:50 Going to the highest bidder. Who wants that one?
02:50:52 >>FRANK REDDICK: Move the resolution.
02:50:53 >>MIKE SUAREZ: On number 73.
02:50:56 Mr. Reddick has moved the substitute resolution on number
02:50:59 73.
02:51:00 We have a second by Mr. Maniscalco.
02:51:02 All in favor of that motion?
02:51:04 Any opposed?
02:51:05 Thank you, Mr. Reddick.
02:51:07 All right.
02:51:08 Item number 74.
02:51:10 This is put on because it's more than a million dollars.
02:51:16 Is there anyone from staff to speak on item number 74?
02:51:19 >> I'm James Sexton, contract administration department,
02:51:24 here to answer any questions you may have.
02:51:25 >>MIKE SUAREZ: Any questions from council on this
02:51:28 particular item?
02:51:29 >>FRANK REDDICK: Move the resolution.
02:51:31 >>MIKE SUAREZ: Mr. Reddick moved the resolution.
02:51:32 Second by Mr. Cohen.
02:51:33 All in favor of that resolution?
02:51:36 Any opposed?
02:51:37 Thank you.
02:51:40 Next up is our equal business opportunity advisory council.
02:51:43 And I think we have our director and our chair here.
02:51:57 I think you know better than to sit in the second row.
02:52:00 You should always sit in the first row.
02:52:05 Get a little more regular room than most of us.
02:52:08 >> Good afternoon, council members.
02:52:10 My name I am an associate director with the Florida CDC at
02:52:22 Michelle.
02:52:22 >> I am with community development with Wells Fargo and
02:52:26 current chair of the E BOAC, and have been a member since
02:52:35 2007.
02:52:37 As you very well know, it's to promote the inclusion of
02:52:41 small business enterprises, women and minorities,
02:52:49 We advocate to provide access and opportunity to all
02:52:53 certified businesses.
02:52:55 The minority and small business staff done a great job in
02:53:00 making Tampa vendor become certified and make it as easy as
02:53:09 possible.
02:53:13 Always been available to answer my questions and those of my
02:53:15 colleagues as well.
02:53:16 A reality that we all must understand is that there is a
02:53:19 great interest from our business community to do business
02:53:23 with the city as a government agency, and.
02:53:32 A if they are ready, willing and able to perform.
02:53:57 This however is not a negative impact to the overall results
02:53:59 as you will hear next.
02:54:02 As a committee we will continue to have the conversation
02:54:04 with the staff about identifying jobs with the goal to
02:54:08 better assist the suppliers before and after they win
02:54:13 contracts.
02:54:15 From this information we will be better proficient to also
02:54:18 support the staff with available resources that they can
02:54:21 share to help reduce those gaps.
02:54:24 >> We did meet recently, and we will be meeting every 60
02:54:32 days.
02:54:34 More often if necessary.
02:54:36 But we don't really see that.
02:54:39 You all should be very proud of the results of the city
02:54:43 staff.
02:54:46 I am going to read them because I don't want to mess them
02:54:49 up.
02:54:58 Prime contracts increased from 10.29% to 13.57%.
02:55:06 Subcontracts, the goal attainment, increased from 107% of
02:55:13 goal to 120% of goal.
02:55:18 And contract dollars increased from 2.8 million up to 4
02:55:23 million.
02:55:25 So you should give yourselves a pat on the back, but our
02:55:31 staff, the city staff that are working with EBOAC is really
02:55:37 doing a great job.
02:55:39 We know every opportunity is not a good opportunity for
02:55:44 everybody, but the staff has done a great job at making sure
02:55:50 that the process is open, it's available, and opportunities
02:55:58 are open to anyone who can perform.
02:56:01 As a matter of fact, this report that I afforded you, Greg
02:56:07 heart has a copy that he can use.
02:56:10 I didn't make this up.
02:56:15 But the council is very proud of the work of the city in
02:56:19 this regard.
02:56:19 >>MIKE SUAREZ: Any questions from council? Mrs.
02:56:25 Montelione?
02:56:26 >>LISA MONTELIONE: Thank you for being here.
02:56:28 Some of the questions I have or some of the same questions I
02:56:31 had when Mr. Hart was here the last time, whatever date that
02:56:35 was, and are the same questions that I had a year ago or two
02:56:40 years ago or four years ago since he and I started having
02:56:44 conversations in 2011, because I, through the company that
02:56:51 my boyfriend owns, was a small local business, certified,
02:56:55 not minority, but small local business, so identifiers-hand
02:57:00 knowledge of the program.
02:57:03 So it was something that I started talking about soon after
02:57:06 I was elected.
02:57:09 So you mentioned that you met recently.
02:57:13 How many times in the past year, two years, have you met as
02:57:18 a body?
02:57:20 >> We are meeting regularly in 2014.
02:57:25 >> Fairly regularly.
02:57:29 Is that -- fairly regularly means different things to
02:57:32 different people.
02:57:33 >> Well, it was every 45 days or so.
02:57:35 But when we had our initial conversation, when I was on the
02:57:38 council, when I joined, it was all about making sure there
02:57:43 was equity in process.
02:57:44 Equity and process.
02:57:46 And also access to the contracts of the city.
02:57:54 And as you can see, just from the numbers alone, the staff
02:57:58 has done their part in making sure that not only were they
02:58:03 given access for the numbers that really increased from
02:58:09 2015 -- now, in 2015 we met twice.
02:58:12 But, again, the staff was doing the work, and it really
02:58:20 wasn't necessary for us to meet for the sake of meeting.
02:58:22 And we went through all of this data, now that it's
02:58:27 available, and it was presented to the council.
02:58:29 We got a chance to ask a lot of the questions that you may
02:58:35 ask once you review the data.
02:58:39 >>LISA MONTELIONE: Okay.
02:58:41 So you met twice in 2014.
02:58:47 >> 2015.
02:58:49 >> And just from a process standpoint -- and I am just
02:58:53 looking at what is available online -- there are 16 members.
02:59:01 Of the 16 members -- 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of them
02:59:12 have expired terms including yourself.
02:59:14 So your term says here was from October 2009 to September
02:59:20 30, 2011.
02:59:21 So that puzzles me.
02:59:25 And I'm curious, of the 16 members, with so many of them
02:59:31 having expired terms, how many people attended the 2015 two
02:59:37 meetings, or the two meetings --
02:59:39 >> I'm sorry, I don't recall and I don't want to tell you
02:59:42 wrong.
02:59:42 I don't recall.
02:59:43 >> Well, was it a majority of 16?
02:59:45 I mean, you know, there are seven of us sitting here.
02:59:49 So I don't know if you meet here in this chamber, or you
02:59:54 meet somewhere else no conference room?
02:59:57 >> I'm going to ask Greg Johnson.
03:00:00 >>FRANK REDDICK: Could I ask you to repeat that 2011?
03:00:07 >>GREGORY HART: Gregory --
03:00:08 >> Hang on a second.
03:00:09 >> Michelle Meine says she's a mayoral appointee and the
03:00:20 term on the website is October 1, 2009 to September 30,
03:00:24 2011.
03:00:25 >> Initial term.
03:00:26 >> Well, like I said, how many did I count, eight, nine
03:00:34 people?
03:00:34 All show the same thing.
03:00:37 And all the mayor's appointments that go from 2009 to 2011.
03:00:42 There's four of them expired in 2011.
03:00:48 >>MIKE SUAREZ: Make sure I am not listed on there.
03:00:52 >>LISA MONTELIONE: No.
03:00:54 I would say we are doing pretty good because all of our
03:00:57 appointments are current.
03:00:58 So we appointed someone who works in your office as an
03:01:06 intern, someone that I know personally, Joe Ferrell.
03:01:10 He was appointed by us in 2015, serves till 2016 so a
03:01:14 two-year term.
03:01:18 It's just puzzling. Anyway, do you meet here?
03:01:21 I mean, this is a public group, right? I would assume like
03:01:24 many of the other like the variance review and all of that,
03:01:27 you meet here in council chambers?
03:01:31 >>GREGORY HART: Gregory Hart, manager, minority and small
03:01:35 business development.
03:01:39 What you are not in possession of is the charter that
03:01:42 accompanies, that charter states that the mayoral
03:01:46 appointments continue to serve at will.
03:01:48 Upon expiration of term until such time as either the
03:01:53 committee member appointed by the mayor himself reappoints
03:01:57 or replaces that member.
03:01:59 And these volunteers have been engaged and consistently
03:02:04 participated and have expressed willingness to continue and
03:02:07 have done so.
03:02:09 Also, the charter for the EBOAC language is not part of what
03:02:16 you have.
03:02:16 >>LISA MONTELIONE: No, but it was provided.
03:02:18 It is in my file.
03:02:20 The charter is there.
03:02:22 Heart Hart that is correct.
03:02:23 I think the question was how often --
03:02:27 >>LISA MONTELIONE: No, the question was how many people
03:02:29 attended the two meetings in 2015.
03:02:33 >>GREGORY HART: I would say, if I recollect, probably
03:02:35 two-thirds if not a half of the committee.
03:02:38 It's a 15 member committee.
03:02:41 And I look to the folks to respond.
03:02:46 I believe on average with a committee that large, working
03:02:51 membership tends to average about eight or nine persons.
03:02:54 As with any volunteer committee, it's seldom going to have a
03:02:57 full compliment.
03:03:00 But the size was designed to ensure we have a number of
03:03:06 working people engage and I am sure we had that
03:03:10 consistently.
03:03:12 >> We meet at Fort Brooke.
03:03:17 >> Fort Brooke?
03:03:19 In a parking lot?
03:03:20 >> The parking division.
03:03:21 >> The parking division administrative offices where we hold
03:03:28 our CT&A presentations and other major committee meetings
03:03:33 and so forth.
03:03:34 That's where the equal business opportunity advisory
03:03:36 committee has been meeting since day one.
03:03:48 It allows volunteer board members to access parking and
03:03:52 readily access the meeting room.
03:03:53 We try to accommodate them.
03:03:55 >>LISA MONTELIONE: Let me just say the concerns that I
03:03:57 have.
03:04:02 I think the charter needs to be reviewed.
03:04:06 I mean, as we are looking at our charter as a city, haven't
03:04:12 been reviewed and updated in a while, I think the EBOAC
03:04:20 charter committee needs to be looked at.
03:04:22 Although it's wonderful that we have people who serve
03:04:24 indefinitely as at the appointment of the mayor, I think
03:04:29 that having much like we have term limits, having new blood
03:04:35 and people who come in with a zest for -- I know both of you
03:04:43 personally, but that you don't have the eagle eye and the
03:04:50 excitement nor committee year after year after year, and I
03:04:54 think always having new people which is what we try to do
03:04:56 with council with our appointments is have new people come
03:04:59 in, and with fresh eyes take a look.
03:05:02 I also think that having your meetings maybe noticed to
03:05:10 people or members, groups, such as TOBA or other minority
03:05:17 business groups, or even, you know, Rivelli hop was here
03:05:24 this morning from working Tampa Bay, that they know when the
03:05:28 meetings are and can attend.
03:05:30 I think having agendas that are public and posted.
03:05:34 Because I couldn't find any minutes to any meetings.
03:05:37 I couldn't find any agendas.
03:05:38 I couldn't find anything relating except for the list of
03:05:43 members.
03:05:44 And I was pretty shocked that even if you are serving
03:05:49 indefinitely as the mayor's appointees, the dates should at
03:05:55 least reflect the current two years.
03:05:57 So it doesn't look to the general public like, what, a whole
03:06:01 bunch of people on this committee whose terms expired?
03:06:04 So there's a lot of attention to detail that I think needs
03:06:07 to take place.
03:06:13 And one of the things is now that the information is
03:06:18 available, I guess I'm wondering why the information wasn't
03:06:20 available previously.
03:06:23 And I'm wondering why so many individuals in the
03:06:29 African-American community -- I attend the Sunday morning
03:06:32 breakfast meetings from time to time -- and, you know --
03:06:39 sorry.
03:06:41 Saturday.
03:06:45 Show up on Sunday.
03:06:46 They didn't even know you exist.
03:06:48 So if you have an organization that is so interested in this
03:06:55 particular topic, and for them not to know you exist, I
03:06:58 think it's a problem.
03:06:59 >> Well, the Saturday morning breakfast club, and a lot of
03:07:06 the community, may not know we exist because we exist to
03:07:11 work directly with the diversity team of the city.
03:07:18 And, yes, with this information, Tampa great work -- I will
03:07:31 be it outing the great work the city team is doing with
03:07:33 regard to minority business development, supplier access,
03:07:38 and those pieces.
03:07:40 But that might be why they don't know.
03:07:44 We have not had open meetings for the world to attend.
03:07:49 But our meetings have been more about --
03:07:53 >>LISA MONTELIONE: I'm sorry, I just want to correct you
03:07:55 because it is a public meeting, so they are all open.
03:07:58 I don't want to give the impression that the meetings are
03:08:00 closed and the public can't attend.
03:08:02 >> I'm just letting you know that's how we proceeded over
03:08:07 the years, is hearing from staff, what's going on, what
03:08:13 needs to change, what needs to work a little better.
03:08:17 So I don't believe any of our meetings have been published.
03:08:22 If your preference is that we do, then we will.
03:08:24 >>LISA MONTELIONE: That would be my preference.
03:08:27 And if I have to make that by motion, I apparently will
03:08:32 but --
03:08:34 >> The meetings should be posted.
03:08:36 >>LISA MONTELIONE: That's why I want to correct the
03:08:38 meetings should be public.
03:08:39 I didn't want to give anybody the impression these are
03:08:42 closed meetings.
03:08:48 >>GREGORY HART: If I may for clarification.
03:08:51 All city committee meetings -- Mrs. Mainer and Mrs. Rogerio
03:08:59 may not know how the process works but all meetings as
03:09:02 provided to the clerk's office do go on the city's website.
03:09:06 They are noticed.
03:09:07 Now, are they in every print media?
03:09:12 No, they are not.
03:09:13 >>LISA MONTELIONE: Myself, I could not find anything about
03:09:16 when the meetings were on the city's website.
03:09:19 >> We'll look into that.
03:09:22 >>LISA MONTELIONE: And I'm pretty good at looking things up
03:09:25 on the city website.
03:09:27 I couldn't find agendas.
03:09:28 I couldn't find meeting dates.
03:09:30 The only thing I could find was just what I showed you, what
03:09:33 I printed out, and that was the list of who the appointees
03:09:38 are.
03:09:38 >> And let me clarify.
03:09:41 When I say published, I mean published.
03:09:44 Not that they are not public meetings.
03:09:45 Not that they are not on the city's calendar.
03:09:48 But they are not published.
03:09:49 >>MIKE SUAREZ: Anything else?
03:09:58 Go ahead, sir.
03:09:59 >>HARRY COHEN: You know, we visited the topic a few times
03:10:04 and you made a comment about being proud of the work that
03:10:06 the city does which I think is terrific.
03:10:08 But I just want to ask you one question.
03:10:10 And that is -- and either of you -- over your time serving
03:10:14 on the committee, what do you think are the things that need
03:10:18 to be improved? What do you think are the things that we
03:10:20 can do better than we are doing now or what advice would you
03:10:24 give if you were sitting down with someone that was going to
03:10:30 be responsible for administering this type of program?
03:10:33 What would be some of the things that you would aspiration
03:10:40 alley like to see done?
03:10:42 >> We talked earlier about a resaoirse guide.
03:10:45 >> Correct.
03:10:46 At the last meeting, we started identifying areas of
03:10:49 improvement or gaps.
03:10:52 So the committee was going to continue to have those
03:10:55 conversations with staff again, to meet with the outside
03:11:02 perspective into the process.
03:11:03 We need to understand what staff goes through and then help
03:11:09 identify the gaps and identify the resources to help close
03:11:12 those gaps.
03:11:13 And one of those that has already been identified is a
03:11:19 resource guide to better help the staff when they get
03:11:23 approached by vendors or proposed vendors and help better
03:11:29 guide them as, are they ready, willing and able to perform?
03:11:35 It's not about -- it's about preparedness.
03:11:42 And they being able to meet your needs and the city being
03:11:47 able to contract with these small businesses.
03:11:51 >>HARRY COHEN: I don't want to put words in your mouth.
03:11:54 But what I hear you saying is we still need to do a better
03:11:57 job communicating exactly how the programs work and what the
03:12:00 criteria are, and giving people as much information as
03:12:04 possible about how they can qualify and meet the city's
03:12:09 expectations.
03:12:10 >> That is an ever-going process.
03:12:14 That will never end.
03:12:15 Because you have new vendors.
03:12:17 You have vendors that have grown.
03:12:19 You have vendors that have specific purpose.
03:12:21 So you will always have this conversation.
03:12:23 But once they are in, once they say, okay, I am willing to
03:12:27 work with the City of Tampa, are they really ready and able
03:12:32 to perform to your needs to your standards?
03:12:35 And that is one -- as an example, that is one area that we
03:12:39 have already identified that we need to look into in greater
03:12:43 detail.
03:12:43 >>HARRY COHEN: And your goal is to publish ash resource
03:12:46 guide to address the question directly?
03:12:50 >> Would that the best approach?
03:12:52 Yes.
03:12:53 And at a minimum to put something together for the staff, to
03:12:56 make certain that the staff has a resource guide.
03:13:01 We equated it to 211 for individuals who need access to
03:13:08 different services.
03:13:09 Access.
03:13:13 But for a small business or minority business or small
03:13:16 minority business, to come and say, okay, in a, I don't have
03:13:21 a business plan, and I don't know where to start.
03:13:25 Well, guess what, there is a resource that's available to
03:13:28 you.
03:13:29 We don't do that in the city.
03:13:31 However, we are aware of resources that will help.
03:13:37 That's the resource guide that we are talking about, in
03:13:40 working with the staff on making certain that there is
03:13:43 something that the city has available that should list these
03:13:51 different resources.
03:13:52 >>HARRY COHEN: A final question.
03:13:53 And you are saying that the committee is going to be working
03:13:57 on this, this year, currently working on it?
03:14:01 >> It just started.
03:14:02 >>HARRY COHEN: Thank you.
03:14:03 >>MIKE SUAREZ: Any other questions?
03:14:05 I want to make a statement really quick.
03:14:08 And I may be wrong about this, Mr. Hart, but I think myself
03:14:12 and Mrs. Maynard may be one of the first members of the
03:14:18 EBOAC and we were trying to formulate different things.
03:14:21 I think what I want to explain to council in terms of what
03:14:24 was explained to me when I first got on board was what they
03:14:29 are and what they are not.
03:14:30 What they are was to make sure that we are following the
03:14:32 guidelines that are set by state and federal government.
03:14:34 In terms of our program.
03:14:36 That means both in terms of inclusion but also in terms of
03:14:40 not going too far over the line so that a lot of tricky
03:14:44 language that deals with this is quotas and some other
03:14:49 issues that we could not use and could not promote.
03:14:51 So we would come up with great ideas that were illegal and
03:14:54 couldn't do it.
03:14:55 But the Supreme Court has already said something.
03:14:56 The second thing was -- and I think Michelle made it very
03:14:59 clear which is the resource guide which we would be out
03:15:03 there.
03:15:04 I know Mr. Hart and some of us actually would go out to some
03:15:07 of the events to promote what it is to be a minority vendor
03:15:12 for the City of Tampa.
03:15:13 And I think Mr. Hart has done a terrific job in this sense,
03:15:17 which is coordinating between the school board, the city and
03:15:20 the county to have one resource place so that you can be a
03:15:24 vendor, certified vendor for all three of those, governments
03:15:28 that are out there, so you don't have to repeat and redo
03:15:31 every single time.
03:15:32 So if you are certified county vendor, you are certified
03:15:35 under the city's program, too, and the school board and
03:15:38 everything else.
03:15:39 And that was something that you were working on when I was
03:15:42 on that board.
03:15:45 You may have completed it while I was still on the board.
03:15:47 And we were trying to formulate how to go forward.
03:15:52 And I know that we had been brought back because we had not
03:15:56 met a lot prior to being on board and we reinstituted and
03:16:01 reconstituted the board.
03:16:02 What the board is not, it's not quite an advocacy for the
03:16:07 administration viewpoint of how we are supposed to provide
03:16:12 minority contractors.
03:16:15 Or to provide contracts for them.
03:16:18 Part of the problem is that's one of the reasons why when
03:16:21 you are on EBOAC you are trying to go forward and say, here
03:16:24 sore things that we want to do.
03:16:26 And I know when I was on board, one of the ideas that we
03:16:29 came up with is how do we provide bonding capacity for those
03:16:32 small contractors that because of the economic downturn had
03:16:37 lost their bonding authority?
03:16:38 And if you lose bonding authority you cannot do business
03:16:41 with any government, let alone the City of Tampa.
03:16:43 So we were dealing with issues that we didn't have real
03:16:45 answers to, but we were trying to figure out how is it that
03:16:48 the city can be an advocate in some way but also try to help
03:16:52 in another way.
03:16:53 So it's kind of hard because it's kind of an over arching
03:16:59 name but it isn't quite what you think it is like in some
03:17:01 big cities where they have a large organization or large
03:17:05 division, that all we look at is making sure that they get
03:17:09 as many minority contractors as possible.
03:17:11 We are really still in kind of the nebulous stages of just
03:17:17 growing up.
03:17:18 And I think that they have done a great job in terms of
03:17:20 that.
03:17:21 Now, if we want to make this board stronger in terms of
03:17:24 doing some of the other things that I mentioned that they
03:17:26 don't do now, we can do that.
03:17:28 And we could change the charter as long as it still meats
03:17:31 with all the federal and state regulations.
03:17:33 And I don't have a problem with that.
03:17:35 But I think we need to come up with whatever that direction
03:17:37 is so that Mr. Hart understands where we want to be, and so
03:17:41 that when we do have these kinds of conversations we are all
03:17:44 on the same page.
03:17:45 We are not trying to figure out what it is that you guys do
03:17:48 as opposed to what you don't do.
03:17:51 And so that's the only suggestion I would make, I think I
03:17:56 was the only one on council that served on that board.
03:17:59 It's an interesting board but it's a little different.
03:18:01 When I first got onboard I thought it was an advocacy group,
03:18:05 also.
03:18:06 And I was trying to figure out, oh, that's not our charge,
03:18:10 we have something else to do.
03:18:11 So that's kind of, I think, the misconception here. Anyway,
03:18:17 that's all I have.
03:18:18 Go ahead, Mrs. Montelione.
03:18:19 >>LISA MONTELIONE: If I may reading directly from the
03:18:21 ordinance it says the equal business opportunity advisory
03:18:24 committee is a citizen task force of 16 members, nine
03:18:29 mayoral, seven City Council appointees, representing a cross
03:18:32 section of contracted service providers and stakeholders
03:18:35 organizations.
03:18:36 The purpose of this EBOAC is to serve as a citizen advisory
03:18:41 committee to promote the participation and use of FLBEs
03:18:48 and city contracting and procurement.
03:18:51 Not to disagree with you, Mr. Chair, but that sounds like an
03:18:54 advocacy group to me, if they are charged as defined in our
03:18:59 ordinance, to problem moat the participation and use of
03:19:02 SLBE, the city contracting.
03:19:04 >>MIKE SUAREZ: I will answer that which is we were
03:19:07 promoting it.
03:19:08 The problem is we needed to know the numbers first to make
03:19:11 sure we were meeting our federally mandated and state
03:19:14 mandated goals.
03:19:15 >>LISA MONTELIONE: Understood.
03:19:16 >>MIKE SUAREZ: As I mentioned before, we were in the
03:19:18 beginning stages of that.
03:19:19 And ever since then, should have been doing more.
03:19:22 Because I have not been on it since 2007 as you know.
03:19:25 >>LISA MONTELIONE: Right.
03:19:26 >>MIKE SUAREZ:
03:19:26 >>FRANK REDDICK: Again that is part of the charter but what
03:19:28 was aspirational hasn't been reached.
03:19:31 And I would agree with that.
03:19:32 And I think if you want to strengthen it, you might want to
03:19:35 come up with some other language or if you think that's
03:19:37 proper and they just aren't doing their job, it's a
03:19:40 different issue.
03:19:40 That's all I have to say on that.
03:19:42 >>LISA MONTELIONE: May I?
03:19:44 >>MIKE SUAREZ: Yes, sir.
03:19:44 Yes, ma'am.
03:19:45 She wanted to add to something.
03:19:47 >> Even in the charter, in concept -- adviser, advice the
03:19:57 staff, advisory to the city, not necessarily, not
03:20:07 necessarily only advocate for minorities.
03:20:09 >>LISA MONTELIONE: No, yes.
03:20:13 But I mean --
03:20:14 >> But because of what we do on a day-to-day basis, we do
03:20:17 that.
03:20:19 We are consistently advocating for minority businesses,
03:20:24 especially those who are ready, willing and able to do
03:20:29 business with whoever they can get a process with.
03:20:33 >>LISA MONTELIONE: Okay, so let me just point out a few
03:20:40 things.
03:20:41 The few times that Mr. Hart has been here, I think mostly
03:20:48 because I have motions for a report or to ask questions or
03:20:52 to come here and talk to us about this.
03:20:55 But in the ordinance, it says the City Council -- the report
03:21:03 shall detail the total dollars and total contracts and
03:21:07 subcontracts awarded and shall be provided to City Council
03:21:11 on the EBOAC on a semiannual basis.
03:21:15 I don't think that's ever been done.
03:21:18 Like I said, I requested for someone to be here.
03:21:21 Another point in the ordinance is number 7, says recommend
03:21:25 annual goals for FLBE and prime and subcontractors,
03:21:30 utilization and report such recommendations to City Council
03:21:33 for approval.
03:21:33 The I don't know that we have ever heard from you those
03:21:36 items either.
03:21:38 In the five and a half years I have been sitting on this
03:21:41 council, except for when I have asked for a staff report.
03:21:47 So I think that with only meeting twice a year, this year --
03:21:53 how many times did you meet in 2015?
03:21:58 Or you said it was 5.
03:21:59 How many times in --
03:22:03 >> More than one, less than one?
03:22:14 So somebody needs to be looking at the ordinance.
03:22:17 And providing what's already in here to council.
03:22:23 Because after November 8th I am not going to be here
03:22:25 anymore.
03:22:26 And I am not going to be able to make that motion.
03:22:28 Hopefully somebody will, to bring people here to report.
03:22:34 So I would like to at this time motion -- and I guess this
03:22:41 will be memorialized -- that on a semiannual basis, meeting
03:22:47 twice a year, the director, manager of the SWBME, SLBE
03:22:54 program, report to council in accordance with the ordinance
03:23:01 2008-89 section 26.5.3, administrative authority, powers and
03:23:09 duties, number 5, and number 7.
03:23:11 >> Second.
03:23:14 >>MIKE SUAREZ: [Off microphone.] All in favor?
03:23:21 Opposed?
03:23:22 >>LISA MONTELIONE: Thank you, council.
03:23:24 I have one last question.
03:23:28 I was looking through this.
03:23:30 It's a lot of information to just be provided and review
03:23:33 while I am sitting here.
03:23:35 So it probably would have been good if I had these in
03:23:38 advance, and this other.
03:23:41 But it seems that these are very long answers to some very
03:23:45 short questions.
03:23:46 So I would also ask by motion that this second page of this
03:23:56 document that was provided to us earlier today during public
03:24:01 comment by the representative of TOBA be filled out and
03:24:06 returned to council.
03:24:08 >>MIKE SUAREZ: [Off microphone.] What date?
03:24:15 When I looked at that page there are a couple of things that
03:24:17 have already been filled out.
03:24:18 >>FRANK REDDICK: You made the motion.
03:24:26 I think you have Mr. Hart here, asking if he intends to do
03:24:29 that.
03:24:30 I think that was asked before.
03:24:31 >>LISA MONTELIONE: I don't know if we made it in the form
03:24:34 of a motion.
03:24:34 We probably asked it.
03:24:36 But --
03:24:38 >>FRANK REDDICK: Well, as a good faith he was going to do
03:24:41 it.
03:24:42 >>LISA MONTELIONE: Right.
03:24:42 But have you gotten it filled in?
03:24:45 >> No, no.
03:24:46 >>LISA MONTELIONE: Neither have I.
03:24:47 >> For clarification, are you asking the staff to take the
03:24:53 information that they already provide but put it in a
03:24:57 different format for an organization?
03:24:58 I want to be sure.
03:24:59 >>LISA MONTELIONE: I am just asking for this sheet to be
03:25:02 filled in.
03:25:02 I mean, I can't tell right now off the top of my head
03:25:05 because this was just provided to me when we started talking
03:25:09 here.
03:25:10 If the information is here or if it isn't here.
03:25:13 >> I understand you have a workshop already scheduled to go
03:25:18 over this report.
03:25:20 >>LISA MONTELIONE: We had a workshop.
03:25:26 We motioned for that.
03:25:30 We motioned for that last time Mr. Hart was here.
03:25:34 >>GREGORY HART: Again as you stated, we have been together
03:25:37 two, three, if not more times, and some of this we have
03:25:42 already responded to.
03:25:43 If you are asking us to take the data we provided and the
03:25:46 ancillary data and put it in an agency specifics format, I
03:25:53 don't know that -- we have already provided.
03:25:58 If someone would like to slice it and dice it to their
03:26:02 needs, that's fine.
03:26:03 We provided information.
03:26:04 We have additional data.
03:26:04 >>FRANK REDDICK: What Councilwoman Montelione is talk
03:26:14 about, there are four questions on this to portion.
03:26:17 Four questions.
03:26:21 Heart Hart and it looks like the form we addressed at the
03:26:23 last council meeting and provided the majority of data, I
03:26:26 believe.
03:26:28 Our systems are not necessarily designed or contribute to
03:26:31 address every citizen's or every agency's specifications in
03:26:35 terms of how --
03:26:37 >>FRANK REDDICK: Let me give you an example.
03:26:38 >> We have the data.
03:26:39 We have given it.
03:26:40 >>FRANK REDDICK: It's just a matter -- the first question,
03:26:45 what is the total annual budget for the City of Tampa fiscal
03:26:48 year 16?
03:26:50 >> We provided --
03:26:52 >>FRANK REDDICK: Yeah, and what is the mayor's proposed
03:26:54 budget?
03:26:55 We haven't voted on it but we estimate probably near where
03:27:00 he presented.
03:27:01 And the other ones, I don't know why they put it in.
03:27:05 Make it hard to read.
03:27:09 And it's something like, what were the total dollars spent
03:27:14 by the City of Tampa to pay for construction? Those are
03:27:23 questions.
03:27:23 And it says fill in the answer for these questions.
03:27:27 There are four of them.
03:27:32 >>GREGORY HART: Some of that was budget financial related
03:27:34 information but, yes, we'll take a look at it and give to
03:27:37 the whoever wants it.
03:27:40 I think my staff --
03:27:43 >>FRANK REDDICK: Councilwoman --
03:27:46 >> My staff would be inundated if we responded to every
03:27:49 individual's format when our systems aren't necessarily --
03:27:53 >>FRANK REDDICK: You hear these four and you aren't going
03:27:57 to hear from him again until Thanksgiving.
03:28:00 You fill out these four and you won't hear from us till
03:28:04 Thanksgiving.
03:28:05 We'll be thankful at that time.
03:28:06 >>LISA MONTELIONE: I won't be here at Thanksgiving.
03:28:13 So I am going to motion -- and we are not asking for, you
03:28:16 know, everybody to comes here.
03:28:18 We have been asking for one form for one organization and we
03:28:22 have been asking for it for a long time.
03:28:24 I am going to make a motion that this form be completed by
03:28:28 staff and returned to us prior to the September 22nd
03:28:32 meeting.
03:28:32 >> Second.
03:28:33 >>MIKE SUAREZ: Motion by Mrs. Montelione.
03:28:36 A second by Mr. Maniscalco.
03:28:38 All in favor of that motion?
03:28:39 Any opposed?
03:28:41 Thank you.
03:28:42 Any other questions of the chair and vice chair of the EBOAC
03:28:47 or -- you have more?
03:28:51 >>LISA MONTELIONE: No.
03:28:51 I am just going to reiterate what I said before.
03:28:54 By September 22nd, because we are going to be talking about
03:28:57 this again.
03:28:58 I would like to see -- and I am not going to do it by
03:29:01 motion.
03:29:01 I am going to ask.
03:29:02 We'll see what happens.
03:29:03 I would like to see the information be transparent as far as
03:29:08 meeting dates, agendas, and minutes of the meeting be online
03:29:14 or accessible to the public so that any individual can look
03:29:19 and see what the topics are being discussed, how often you
03:29:24 meet, and there is some accountability and measure of
03:29:28 success.
03:29:31 The numbers are going up.
03:29:34 But, you know, we have been asking these questions since
03:29:39 2011.
03:29:40 And one thing I would like to see before I leave is some
03:29:44 closure or at least some progress on this issue.
03:29:47 And Mr. Hart and I met in 2011.
03:29:50 And I gave him lots of ideas.
03:29:53 And I met with the mayor and talked to the mayor about lots
03:29:55 of ideas.
03:29:57 And some of the things you talked to me about, we talked
03:30:02 about in 2011, the access, the guide, helping small
03:30:09 businesses especially minority businesses being prepared.
03:30:12 You both work for organizations out in the community.
03:30:15 I mean with USF and the small business center, and
03:30:19 Hillsborough County, small business.
03:30:24 The programs are there.
03:30:25 And helping people who may be aren't ready for contracts
03:30:29 with the city, and helping them with those programs, and
03:30:33 getting connections to those programs, and financial --
03:30:42 Tampa business investment funds.
03:30:46 The programs are out there.
03:30:47 And we need to do a better job, if they are not ready to do
03:30:51 business with the city, helping them to better that.
03:30:54 And we have had these conversations for five years.
03:30:58 So I would hope that on the 22nd we get a little further
03:31:06 along in the discussion.
03:31:07 >>MIKE SUAREZ: Any other comments or questions?
03:31:13 >>FRANK REDDICK: Just one of Mr. Hart.
03:31:14 Did you --
03:31:18 >> I believe staff has a copy of that.
03:31:20 We have lots of copies.
03:31:21 >>MIKE SUAREZ: Thank you so much.
03:31:24 Thank you for your service, ladies and gentlemen, to the
03:31:26 city.
03:31:26 Hopefully you will stick around.
03:31:30 We really appreciate it.
03:31:31 Thank you.
03:31:35 Item number 80.
03:31:36 Mr. Slater.
03:31:37 >>JAKE SLATER: City of Tampa neighborhood development.
03:31:54 Administrator.
03:31:55 Nice to see everybody this afternoon.
03:31:58 I'm here to give an update on the collection of hard cost
03:32:01 lead by code enforcement and the neighborhood department
03:32:04 working in conjunction with the legal department and TNI,
03:32:10 and I want to say thank you for all the great work TNI has
03:32:13 done with us, legal department has done, and also my admin
03:32:16 staff.
03:32:17 It's been a very tedious project in that we had to work with
03:32:21 data that was migrated over from our older system back in
03:32:27 1989 to our current system.
03:32:29 So it's been a very, very tedious process, that I think we
03:32:33 have some pretty good numbers for you.
03:32:45 This first slide reflects the total amount of billables that
03:32:50 was transferred from the supply system that took effect back
03:32:55 in 1989 to the conversion to a sell-out in December 2014.
03:33:03 It includes all liens and also all expenditures.
03:33:11 Demolitions, remedial needs, what code enforcement does when
03:33:20 it goes out and clears lots, cleans up trash and overall
03:33:30 trash and debris.
03:33:31 You can see we had over $4 million that was actually
03:33:34 transferred over.
03:33:45 The second slide reflects the hard cost liens and
03:33:51 expenditures, actually all billable liens that have been
03:33:57 invoiced since January 1st, 2015 to August 17th of
03:34:03 this year, 2016.
03:34:07 The total was just over $9 million.
03:34:13 Demolition 672,000.
03:34:15 Excuse me, 900,000.
03:34:18 And on remedial side was just under 300,000.
03:34:25 This next slide is one that I am awful proud of.
03:34:30 And it's taken a lot of work.
03:34:37 These total payments that have been made since January
03:34:47 1st, 2015 through this month.
03:34:54 We have collected almost $2 million.
03:34:59 And that's working with the current staff, existing staff,
03:35:04 and the resources that we had.
03:35:06 Again with T&I helping in support along with my admin staff
03:35:10 and the legal staff.
03:35:11 >> Let me ask you, what's the oldest collection that you had
03:35:16 in that one-year period that you collected?
03:35:21 Was one was ten years old, one was five years old?
03:35:27 I'm just trying to find out if you are catching up to what
03:35:29 was a backlog as opposed to getting new fines.
03:35:32 >> We cannot go back further than 20 years under Florida
03:35:37 state law.
03:35:38 >> Okay.
03:35:39 >> We are catching all the ones that are 20 years old.
03:35:44 We can't collect anything over 20 years old.
03:35:46 So in this number, there can be some that are ten years old,
03:35:51 five years old, two months old, all of those.
03:35:54 We are catching all of that as the property is transferred.
03:35:57 >>MIKE SUAREZ: Okay.
03:35:59 I was curious.
03:36:00 It could be a big number but it might plateau because we are
03:36:04 actually collecting a lot of old debt, old liens.
03:36:07 You know what I'm saying?
03:36:08 Opinion.
03:36:09 >>ERNEST MUELLER: Yes.
03:36:10 >>MIKE SUAREZ: Then next year you say, we had $434,000.
03:36:14 And I say, wait a minute, last year you had 2 million.
03:36:19 >>ERNEST MUELLER: And a lot thereof old data came over.
03:36:21 A lot of it was over 20 years old but actual collection
03:36:25 since really since January 1st, when we came, and we
03:36:29 said we are going to do a more concerted effort, and send
03:36:33 out letters --
03:36:34 >>MIKE SUAREZ: I'm totally appreciative of it.
03:36:36 I just want to know if those numbers are going to be skewed
03:36:39 because we finally found a way to collect a lot of old ones.
03:36:43 And then it also includes those that just came online, or
03:36:48 just old ones, because those numbers are going to fluctuate,
03:36:52 because you have got a big chunk here in the 1-month period
03:36:55 and we want to make sure --
03:36:58 >> It's my hope to keep that big chunk plateauing.
03:37:02 >>MIKE SUAREZ: If it keeps plateauing, that means there's a
03:37:08 lot not being done the right way.
03:37:11 So I want to be sure.
03:37:12 And you might want to put that as an asterisk in one of your
03:37:16 reports if you have an idea of that number, it might be
03:37:18 helpful.
03:37:19 Mrs. Montelione.
03:37:20 >>LISA MONTELIONE: Thank you.
03:37:22 So I asked for this accounting.
03:37:23 I'm sorry it made you do so much digging, Mr. Slater.
03:37:30 >>JAKE SLATER: But it was worth it, though.
03:37:33 >>LISA MONTELIONE: But we have got so much going because I
03:37:38 remember having a conversation with Mr. Mueller way back in
03:37:43 the depths of the recession when one company owed us a lot
03:37:49 of money for properties that they were buying up and then
03:37:54 completely ignoring.
03:37:57 They were just gobbling up all over the city.
03:38:00 And I don't recall the name, and I do not want to say the
03:38:05 name of the company, but Mr. Mueller, have they been part of
03:38:08 this collection?
03:38:11 >>ERNEST MUELLER: Yes.
03:38:19 However, being a hedge fund, they are selling those
03:38:21 properties, and we are periodically catching money from
03:38:24 them.
03:38:25 Better than what we did during the recession.
03:38:27 I think they are trying to move them now.
03:38:29 >> So they are not paying us because they owe us the money.
03:38:32 They are paying us because they have to at closing when they
03:38:36 transfer title?
03:38:39 >>ERNEST MUELLER: Yes.
03:38:40 >>LISA MONTELIONE: Okay.
03:38:42 Well, at least we are getting money.
03:38:46 But thank you.
03:38:49 We had a really big problem for a long time.
03:38:52 >>JAKE SLATER: I also want to share with you -- you didn't
03:39:00 ask for it but I thought it was worthwhile.
03:39:04 >>LISA MONTELIONE: I like it when employees go above and
03:39:06 beyond.
03:39:07 >>JAKE SLATER: What we have collected in our civil citation
03:39:09 program.
03:39:10 And this represents the payments pavements that have been
03:39:14 made to the City of Tampa.
03:39:16 From January 1st, 2015 through this month.
03:39:23 Just over $100,000.
03:39:26 So the process is working.
03:39:29 The compliance is working.
03:39:31 In that time frame period.
03:39:33 >>MIKE SUAREZ: Any other questions from council?
03:39:35 >>FRANK REDDICK: Let me ask, what are you doing with the
03:39:38 money that is being collected?
03:39:39 >>JAKE SLATER: I am going to have to refer that to the
03:39:49 revenue and finance department.
03:39:50 >>FRANK REDDICK: Oh, so this is not reinvested into your
03:39:56 department.
03:40:00 >>JAKE SLATER: Again, Mr. Reddick, I have to refer back to
03:40:04 revenue and finance. I don't have a say-so as to where the
03:40:07 money goes.
03:40:08 >> It's going in the general fund.
03:40:09 >>FRANK REDDICK: And the reason I brought that up is
03:40:15 because I think your department is going out and your staff
03:40:18 is doing all this work, then somehow, you know, some of
03:40:25 these funds should be reinvested into back into your
03:40:28 department to help you hire business staff or buy equipment
03:40:37 to do what you need to do, to clean out some of these areas
03:40:42 in the city.
03:40:42 So I am just wondering how the funds are utilized.
03:40:47 So that will be a topic of discussion when we start talking
03:40:49 about the budget.
03:40:51 You don't have to say anything, but I will say it for you.
03:40:54 >>MIKE SUAREZ: I am not going to say a word.
03:41:01 That's a good plan.
03:41:01 >>JAKE SLATER: Thank you all for your support.
03:41:05 >>MIKE SUAREZ: No, ma'am other questions for Mr. Slater?
03:41:07 Thank you, sir.
03:41:08 Item number 81.
03:41:11 Here is the easy part.
03:41:15 Ms. McLean.
03:41:16 >>JAN MCLEAN: The hard part is for me to figure out how to
03:41:19 work the Elmo.
03:41:21 Jan McLean, office of city attorney, here on item number 81
03:41:24 to bring back the other jurisdictions, mitigation credit
03:41:34 policy.
03:41:35 And for my presentation today, I looked at seven other
03:41:41 jurisdictions.
03:41:42 And I have three examples to provide to you with regards to
03:41:51 what we do.
03:41:55 The first one is Sarasota County.
03:42:00 I went through it, not to a level of knowing it but pretty
03:42:06 well.
03:42:07 It provides for maximum credit of 74%.
03:42:13 There is 100% credit given for any parcel.
03:42:17 They give credit for exceeding land development regulations,
03:42:21 and their land development regulations went in in 81 or 83,
03:42:27 so they have two different ways of evaluating.
03:42:29 Then they have a tiered system wherever they look at
03:42:33 tree-weighted components that will go toward determining the
03:42:36 actual percentage of their credit that they would allow for
03:42:40 this given parcel.
03:42:41 And you can see there it's quality, quantity and rate
03:42:49 I don't have an engineering degree but what they do is tan
03:42:52 into consideration things lake if your design went to 100
03:42:57 year 24-hour storm, which is a curve, and every 100 years,
03:43:04 and the rate of rainfall that would come down for our area
03:43:08 is what we look at, is a zone, would be .55 inches per hour.
03:43:14 So in that, you would have to retain, if my math hold true,
03:43:18 about 13.20 inches of stormwater onto property.
03:43:27 That would be your baseline design.
03:43:29 And you will see where that goes through the other credit
03:43:33 policies as well.
03:43:36 So that's Sarasota County.
03:43:37 >>MIKE SUAREZ: Before you go forward.
03:43:42 Where how do you measure?
03:43:44 Rate and quantity I understand.
03:43:46 Quality, how do you measure that?
03:43:48 >>JAN MCLEAN: Quality, if you can achieve at least an 80%
03:43:52 reduction of the average load of pollutants by the volume of
03:43:57 storage.
03:43:57 And so --
03:44:00 >> That's just a rough estimate that they make?
03:44:02 >> I would think not.
03:44:05 I think it would determine what your runoff is, and then
03:44:09 depending on what the use of your parcel is, that they would
03:44:12 be able to evaluate what your pollutant load is.
03:44:15 We do that for GMBO.
03:44:19 >>MIKE SUAREZ: So if you have a large car dealership but I
03:44:23 have a vault underneath and a lot of impervious surface on
03:44:26 top, the pollutant level might be higher than if it was a
03:44:29 completely grassy lot that soaked into a retention pond?
03:44:37 >> Hypothetically, with my non-engineering degree.
03:44:40 >>MIKE SUAREZ: That's very good.
03:44:41 Your lawyer talked and came through on that.
03:44:43 I was curious about that.
03:44:45 Because when you talk quality, quality is a little different
03:44:48 kind of measurement.
03:44:48 But I'll let you go on.
03:44:50 I'm very curious about some of the next things.
03:44:52 >>JAN MCLEAN: And in the ones that I have looked at,
03:44:55 Sarasota is the only one addressed quality.
03:44:58 Usually it's a function of runoff.
03:45:02 So we have Pinellas County.
03:45:07 There's is a fairly new utility over the last couple of
03:45:10 years, a maximum quality of 75%.
03:45:14 If you have an on-site system, again a 100 year 24 hour
03:45:18 storm, the other category that they give you credit for.
03:45:26 Another discharge to tidal waters.
03:45:28 And in their credit policy they identify very specific tidal
03:45:31 waters because of the surface water in Pinellas County, they
03:45:36 have a fair number of TMDLs they are dealing with.
03:45:40 So if you reduce your runoff to those waters, you get a
03:45:44 credit.
03:45:45 And you only get 35% maximum and only certain waters.
03:45:49 And then they have sort of a catch-all category which is --
03:45:56 they would evaluate those on a case-by-case basis.
03:46:00 There's no criteria.
03:46:02 I didn't get a chance to speak with staff but those are the
03:46:05 three categories.
03:46:06 But they would allow a maximum of 75% of the credits.
03:46:11 They do have the rationale for the 75% in their credit
03:46:17 policy which is 75% of the total cost of their stormwater
03:46:22 cost for the system throughout the county, but then there's
03:46:24 additional cost that remains.
03:46:26 Regulatory obligations and maintenance.
03:46:29 And so it appears that the county was taking a position that
03:46:34 they still have additional costs that are going to remain in
03:46:37 any parcel would only get 75% even if you discharge.
03:46:41 >>MIKE SUAREZ: Do you have a system where it's 75-25 or
03:46:46 just zero, 75 and 100?
03:46:49 >>JAN MCLEAN: In the credit policy, I didn't speak with
03:46:52 staff, but in the credit policy, it's just zero, 75, 100.
03:46:58 Nobody gets 100 in Pinellas County.
03:47:00 Unless that 100 is allowed under the parcels with the
03:47:05 features, but from the credit policy I would extrapolate
03:47:08 nobody is going to get 100.
03:47:12 The third number I wanted to use an example is Polk County.
03:47:19 They look at different category as far as if you have no
03:47:22 discharge to the county system, similar to ours, if the
03:47:24 owner contributes to a CDD or HOA or some private entities
03:47:32 that manages and maintains a water system similar to ours,
03:47:34 you have to be in compliance with the water management
03:47:36 district permit.
03:47:38 So if you have a surface water system, that private entity
03:47:44 is maintaining that permit that's been issued for that has
03:47:47 to be in compliance and you have to demonstrate proof of
03:47:50 compliance for you to be even considered.
03:47:56 Sending did money in but the entity isn't doing what it
03:47:59 should to maintain the system so it's sort of a two-way
03:48:03 process.
03:48:03 The way I read their credit policy is you are going to get
03:48:07 60%, also if you don't discharge and you design to a 100
03:48:13 year 24 hour design.
03:48:14 My understanding is that's a pretty large retention volume
03:48:17 on-site, again with my non-engineering degree that I
03:48:22 possess.
03:48:23 And then the other credit that would be allowed would be the
03:48:28 30% if you pay into the private entity who maintains.
03:48:36 Those are the high level examples.
03:48:38 Some of the other ones that I looked at was Hillsborough
03:48:40 County which doesn't appear to have a credit policy per se
03:48:44 but they have an adjustment process where they have it both
03:48:49 county and property owner initiation, they could say we
03:48:55 think our assessment is incorrect.
03:48:57 Pasco County says it has a credit policy, but I wasn't able
03:49:00 to drill down far enough to find it.
03:49:03 And then I had two other examples that were provided to me
03:49:09 the city of late house point and the city of Cape Coral.
03:49:13 So I thought these examples were the most similar to what we
03:49:17 have but different with regard to how they implement it.
03:49:22 >>MIKE SUAREZ: Mr. Cohen.
03:49:25 >>HARRY COHEN: This is actually not mitigation policy, but
03:49:30 on topics.
03:49:31 I am under the understanding that Temple Terrace recently
03:49:35 passed a similar type of stormwater assessment to what we
03:49:40 are going to consider.
03:49:41 And I was told that -- and I haven't been able to confirm
03:49:45 this -- that they are exempting nonprofits and places of
03:49:51 religious assembly from their assessment.
03:49:54 And I wanted to know if you are aware of that, and, if so,
03:49:58 what type of legal authority they might be citing in order
03:50:01 to do that.
03:50:05 Where.
03:50:05 >>JAN MCLEAN: I am not aware of the specifics.
03:50:07 I heard that they were considering a stormwater utility
03:50:10 creation.
03:50:12 We had that conversation before as far as uses from the
03:50:16 system, and what that does is push the burden of the
03:50:18 maintenance of the systems to the remaining users.
03:50:21 >>HARRY COHEN: Well, that's true, but if I remember
03:50:26 correctly when we had the discussion about exempting those
03:50:30 types of uses, the reason we were given that we couldn't do
03:50:38 that is because they are also contributing to the stormwater
03:50:43 runoff.
03:50:44 So my question is, if Temple Terrace or another jurisdiction
03:50:48 around us is exempting places of religious assembly I would
03:50:56 like to know what the justification is that they are relying
03:51:00 on in order to do that.
03:51:02 I mean, it certainly would be up to council in that type of
03:51:05 situation.
03:51:08 I see Mrs. Montelione shaking her head.
03:51:10 But it would be up to council in that type of situation to
03:51:12 make the decision of whether or not we wanted to do such a
03:51:15 thing.
03:51:15 But my recollection of our discussion last year was that it
03:51:19 wasn't even an option for us, that it was something that it
03:51:24 was the opinion of our legal department would damage the
03:51:29 credibility of the ordinance.
03:51:32 So I just wondered how Temple Terrace was able to do that,
03:51:35 if that was something that we were not given the option.
03:51:38 >> I would be glad to look into that.
03:51:41 I am not sure if they are using a different methodology than
03:51:44 what the city uses.
03:51:46 So they would provide exemptions.
03:51:50 I don't know -- and this is another possibility -- that the
03:51:52 city may be assuming the payment of those exemptions so that
03:51:58 they would be providing -- subsidy, right, from any other
03:52:06 legal available funds to support their stormwater utility.
03:52:09 I don't know but I would be glad to look into it.
03:52:12 >>HARRY COHEN: I think that would be a great idea.
03:52:16 Thank you.
03:52:16 >>MIKE SUAREZ: Any other questions?
03:52:20 >>GUIDO MANISCALCO: Something you had mentioned regarding
03:52:22 Hillsborough County.
03:52:24 They have an adjustment board for nonassessed property can
03:52:30 bring it back to have it reevaluated.
03:52:32 Is that correct?
03:52:33 >> correct.
03:52:34 An adjustment process.
03:52:35 >>GUIDO MANISCALCO: You know, since we are going to be
03:52:37 considering this stormwater proposal soon, I believe in the
03:52:42 notices that were sent out an few weeks ago, a person has 30
03:52:47 days from the date of the notice in order to question or
03:52:51 have their assessment reevaluated.
03:52:52 Is that correct or no?
03:52:54 >>JAN MCLEAN: That's true.
03:52:56 But the city has the ability to adjust the assessment at any
03:52:59 point in time.
03:53:00 >>GUIDO MANISCALCO: So somebody six months from now were to
03:53:02 say, I feel this is improperly calculated, they can always
03:53:06 bring it forward?
03:53:07 There is no expiration date for that, right?
03:53:10 >>JAN MCLEAN: Correct.
03:53:13 >>MIKE SUAREZ: Any other comments or questions at this
03:53:14 time?
03:53:15 I have a couple of things
03:53:20 I have made the statement to you both publicly and
03:53:22 privately.
03:53:25 If we are serious about shall a mitigation credit program,
03:53:28 either do it, or if we don't do it at all, meaning I think
03:53:32 that we should give people the option of being able to
03:53:35 assess property in order to mitigate whatever the runoff is
03:53:39 that then will keep less of a burden off our system, and let
03:53:44 them spend the money versus actually have a better system in
03:53:48 place on this item.
03:53:50 Okay?
03:53:50 And I think I told you the last time we talked, even though
03:53:53 you are not an engineer, that we need to come up with
03:53:57 creative ways of thinking about it.
03:53:59 Here are some ideas that you might want to look at.
03:54:01 And I know I am asking you this legally as opposed to trying
03:54:05 to figure out what the engineering part of it.
03:54:09 We may look at and probably try to figure out if we can have
03:54:13 a baseline of assessment amount, and then any mitigation can
03:54:22 comb after that.
03:54:23 For example, if I have a parcel, you have measured what my
03:54:28 impervious surface is, and I could make the decision to say,
03:54:35 if that much impervious surface in order to bring down my
03:54:38 costs, and I am going to now build something with it, some
03:54:43 other kind of constructive access so that I can actually not
03:54:47 run off into your system and get the credit for it, because
03:54:50 the credits have to have a real meaning in order for it to
03:54:53 be in our system, because it doesn't have a real meaning in
03:54:58 the sense that I want to pay for something, and I want to be
03:55:01 able to say, all right, I'm thinking to put my own property
03:55:06 instead of giving it to you to go into a general fund or to
03:55:09 pay for stormwater.
03:55:10 To me, I think that the idea is that we ought to incentivize
03:55:16 that to make sure that they do invest.
03:55:18 Because in the long runny think it's going to make our
03:55:20 system a stronger system, and I think a much more
03:55:27 environmentally sustainable system if you have people
03:55:29 investing in their own property.
03:55:30 Now, I'm not suggesting that's the only way to go.
03:55:34 I'm just telling you that's the direction of my thinking and
03:55:36 my vision of this, that we need to figure out how to do
03:55:40 this. You don't have the engineering background, but we do
03:55:43 have people that know about engineering.
03:55:45 You kind of line them up and point them in the right
03:55:48 direction.
03:55:48 We need to figure out something that's creative so that when
03:55:51 we point them in the right direction we can actually get
03:55:54 something good out of it so that the people that want to pay
03:55:57 this assessment aren't coming back saying, you know what?
03:56:00 I would love to invest in my land as opposed to giving it to
03:56:04 you and still do the same thing, and I am going to save
03:56:07 2ndand% of what that total bill would be over a
03:56:09 five-year period.
03:56:10 So we need to figure that out.
03:56:12 And we haven't done that yet.
03:56:13 And I think this is a good start.
03:56:18 We might come up with something completely different.
03:56:22 We need to think outside the box.
03:56:24 I don't know.
03:56:24 Either way.
03:56:25 We need to figure it out so we can go forward and not have
03:56:28 to worry about people coming to us and using the mitigation
03:56:30 credit as a reason not to support the stormwater assessment.
03:56:34 >>JAN MCLEAN: And that is the second part of the motion
03:56:38 that Councilman Miranda made back in July, which is I would
03:56:42 come forward today with examples of some other mitigation
03:56:45 credit policies, and then staff would go and study ours and
03:56:51 others, and other ideas, and come back before you in March
03:56:58 with the results of that study and any recommendation to
03:57:02 revise the mitigation credit policy.
03:57:04 >>MIKE SUAREZ: Terrific.
03:57:05 We like you in terms of your experience and everything else,
03:57:09 there's a young lawyer that walked in, he's probably very
03:57:12 hungry, could go ahead and work on this himself, and we tell
03:57:16 him good idea, and try to figure this out.
03:57:19 Okay?
03:57:20 >>JAN MCLEAN: Okay.
03:57:21 >>MIKE SUAREZ: Any other comment or questions for Mrs.
03:57:23 McLean?
03:57:24 Thank you.
03:57:25 All right.
03:57:25 We are on to item number 82.
03:57:28 Mr. Snelling.
03:57:33 Thank you for your patience.
03:57:34 >>THOM SNELLING:
03:57:52 Planning and development here to give a report.
03:57:54 I have one copy of the report.
03:58:00 The report has been updated.
03:58:06 It's online.
03:58:15 And what I am reporting and what I am talking about.
03:58:18 We switched our form a few years ago to go with the report,
03:58:24 and show all of the areas where it explains to people that
03:58:31 whatever has access, the new addition for the current year.
03:58:35 In this year we have added several parks and a lot of
03:58:38 greenways.
03:58:39 You can see that.
03:58:43 Obviously Perry Harvey park.
03:58:46 I am not going to go through the whole thing.
03:58:50 There was a larger infrastructure program, the pumping
03:58:52 station that went online, environmental approval process.
03:59:00 The Tampa augmentation program where they are going to
03:59:03 repump water back into the aquifer.
03:59:09 And talking about water seems to be the most important thing
03:59:14 in our community, whether flooding or we are running out of
03:59:19 drinking water.
03:59:20 And I think a lot of the efforts that we have been working
03:59:23 on in south Florida, what kind of mitigation we can do with
03:59:30 that, what kind of infrastructure that we can do.
03:59:39 The beauty of this is I have a lot of access for our people,
03:59:46 Dr. Berman, I was speaking with him about ten days ago, and
03:59:53 we also have been working -- the college green signs over in
04:00:00 St. Pete, engineering, arts and science, public health,
04:00:03 Patel, and the provost Dr. Wilcox.
04:00:10 The trouble is those are very business gentlemen.
04:00:15 They go on sabbatical, go to retreat, take the summer off.
04:00:20 So getting them at the same place at the same time is a bit
04:00:23 of a challenge but I think it's worth it because of their
04:00:27 intellectual capacity.
04:00:29 It's very attractive obviously.
04:00:34 But that's where the effort is now.
04:00:36 And I have been working with USF, especially with Dr.
04:00:38 Berman.
04:00:39 He and I will continue to do this hopefully sometime this
04:00:42 fall, we will continue to identify three or four very
04:00:45 specific projects.
04:00:49 Also started work with Sean Hollis and some of the people
04:00:53 over at Tampa Bay Regional Planning Council and that overall
04:00:55 effort.
04:00:57 The other thing I noticed in this report, there's been very
04:01:02 little of it.
04:01:03 When people are talking about sustainability, they are
04:01:05 talking all the time about the economy.
04:01:12 It's like a three legged stool.
04:01:14 The economy, environment and social aspect. This report,
04:01:15 the one that I turned in is probably -- not probably, it
04:01:21 is -- predominantly environment.
04:01:24 There are some economics about sustainabilitywise.
04:01:28 But a lot of times, it helps my own "can't see the forest
04:01:35 for the trees," but does not get the attention that it
04:01:39 should be getting, and that we do do quite a bit, it's
04:01:43 through council's actions as well, about the social equity.
04:01:45 A lot of it has to do, going to community fairs in my
04:01:51 division.
04:01:51 A lot of work that they, do housing discrimination, job
04:01:54 discrimination, those kind of things.
04:02:02 Some of the stuff that's happened with minorities.
04:02:07 The park up there is an additional venue for social
04:02:11 activity.
04:02:12 So in my next report I am going to start incorporating a lot
04:02:15 more of those things in there, where you have a picture -- I
04:02:20 only have 20 second, I have to go -- of the overall
04:02:23 sustainable he will elements.
04:02:25 I am doing.
04:02:26 I know Tampa climate change initiative and than the sea
04:02:29 level rising is right there and it's important, and we just
04:02:32 met with Sean on that.
04:02:35 The difficulty is, it's just a challenge.
04:02:41 This is the range of how much it's going to rise in the next
04:02:46 25 years.
04:02:47 (Bell sounds)
04:02:48 Between a half a foot and a foot and a half.
04:02:51 The would Lunns between 4 and 8 inches.
04:02:56 And we have this to try to figure out.
04:02:58 On top of that, he is now under way doing the risk
04:03:01 assessment act in our area.
04:03:03 Probably a two or three-year program.
04:03:06 I'm not a betting man but if I wanted to bet something I
04:03:09 would bet they are not going to lower our flood elevation.
04:03:13 John and I were talking about this before.
04:03:16 And we have in a claw as to what they are going to do.
04:03:19 But they have more sophisticated tools to do the analysis.
04:03:22 So with all of those kind of things will go into the work
04:03:26 that we do with structure resiliency.
04:03:32 There's a lot of character.
04:03:34 It's not just limited.
04:03:38 Three or four counties in the Tampa Bay area that have to
04:03:41 continue to work together, and Regional Planning Council and
04:03:44 Planning Commission has been a pretty good ally in that
04:03:47 regard.
04:03:49 I'll answer any questions you have.
04:03:51 I did get these online and I wanted to go to this format
04:03:56 more than handing out -- a lot of this is stormwater.
04:04:08 >>LISA MONTELIONE: You are very green, Mr. Green officer.
04:04:11 >> I know.
04:04:13 >>MIKE SUAREZ: I think Councilman Montelione has a
04:04:16 question.
04:04:16 >>LISA MONTELIONE: A couple.
04:04:18 So one of the questions I have is back to the original
04:04:23 conversation and motion that I had made a long time ago
04:04:26 after workshop that I had was about working with the private
04:04:30 sector and H 2 M hill, I believe, was a company that was
04:04:37 interested in helping us, and they have some really smart
04:04:41 people on their well, the arena.
04:04:46 Like I said, there's a lot of very smart people over there
04:04:53 at my alma mater.
04:04:55 But sometimes the private sector, because they have real
04:05:01 world experience and knowledge of, you know, constructing
04:05:04 buildings and meetings and requirements and different places
04:05:08 around the world which may have stronger regulations than we
04:05:15 do, could be of help to.
04:05:18 >>THOM SNELLING: Well, I have engaged a little bit at that
04:05:26 time.
04:05:30 What happens is when it starts to look a little more like
04:05:37 work, and then a lot of effort on my part, and because it
04:05:44 takes more time to kind of -- you know, perhaps bringing
04:05:52 more people --
04:05:54 >>LISA MONTELIONE: Maybe an isolated project.
04:05:55 So we need -- and the answer is to acted.
04:05:59 Can you help --
04:06:01 >>THOM SNELLING: Right, and that's what we are trying to do
04:06:04 is here are the four things we need help with.
04:06:08 Transportation.
04:06:08 >>LISA MONTELIONE: Right.
04:06:09 >>THOM SNELLING: A big deal right now given the current
04:06:15 state of affairs in our part of the world.
04:06:18 >>LISA MONTELIONE: So Dr. DeSwanie had written a piece,
04:06:27 appeared as an op-ed piece a while back, where scientists
04:06:30 that he knows has predicted the Zika virus coming north
04:06:34 because of climate change and because the conditions would
04:06:36 be ripe with warmer weather, of different public health
04:06:42 issues that are now coming to bear, and the other scientists
04:06:49 had predicted many years ago.
04:06:51 And, you know, we need to stay ahead of these things and
04:06:54 listen to people of science when they wanted something.
04:06:59 And Mr. Barrios is here.
04:07:03 Are we anticipating -- I know the study is going to come out
04:07:07 of us raising probably, you know, the flood elevation level.
04:07:15 There is already a study.
04:07:16 I know that I have seen as part of, I think, you weren't on
04:07:21 the MCO yet but Councilman Cohen and I had seen a report
04:07:26 come from several -- I can't remember, but it was regarding
04:07:33 our transportation emergency.
04:07:35 Remember that?
04:07:38 >> A very interesting report.
04:07:41 >>LISA MONTELIONE: They were, and they looked at our
04:07:43 emergency -- evacuation routes.
04:07:45 Thank you so much.
04:07:48 It's getting to be a long meeting.
04:07:50 Evacuation routes.
04:07:51 And it was very serious.
04:07:53 Some of those vulnerable parts of the City of Tampa and
04:07:57 roads in the City of Tampa had specifically been lad at.
04:08:00 So I am wondering, are we anticipating changing some of our
04:08:05 own building codes to really have the building community
04:08:14 address these issues now before the first floor of their,
04:08:21 you know, establishments are going to be flooded?
04:08:23 Or, you know, the water is going to come up in the street
04:08:26 lake it does in Miami.
04:08:30 There is a coffee shop Channelside I remember sitting at.
04:08:33 They were sitting with the doctor's daughter JAYA and said
04:08:38 where we are sitting is going to be underwater or at least
04:08:41 the water is going to be up to our ankles in 20 years.
04:08:44 And we don't build buildings to last five years.
04:08:48 We build high-rises that hopefully going to be here a
04:08:51 hundred years like this building is.
04:08:53 So is there anything in our building codes?
04:08:58 >>THOM SNELLING: I think what that's going to need to be
04:09:01 based on is once FEMA establishes what that finished floor
04:09:06 area is for us to say we are going to start requiring --
04:09:11 FEMA requires ten feet now.
04:09:13 We are going to start requiring 12 feet.
04:09:15 The difficulty, I have nothing to base that on until
04:09:19 somebody who does that kind of work says this is what it's
04:09:22 going to be.
04:09:23 And what I showed you with the four different lanes we have
04:09:27 four people saying a foot and a half, other people say two
04:09:31 inches.
04:09:37 I can't -- John can't and the Florida building code is the
04:09:40 code we use and that's a state wide code updated every three
04:09:43 years.
04:09:44 And the current revision was 2016.
04:09:50 2015.
04:09:50 So there will be other revisions.
04:09:52 And there may be an opportunity in that to look at that
04:10:00 stuff.
04:10:01 Because it will come up in 2018.
04:10:04 They are already looking at different kinds of issues.
04:10:08 There was a huge change in the building code right after
04:10:11 hurricane Andrew.
04:10:13 And the answer is yes, people do react to what's happening
04:10:16 in your climate.
04:10:19 And I think now, I think everybody has understood this is
04:10:23 really going to happen, 10 years, 20 years, it doesn't
04:10:26 matter to me, it's going to happen.
04:10:29 And hopefully the building officials who vote and change and
04:10:35 adopted every three years will recognize that.
04:10:38 But that's the code that the City of Tampa follows.
04:10:40 >>LISA MONTELIONE: After these reports come out, not saying
04:10:47 we just take a stab, but there isn't anything that we could
04:10:52 put into effect as a municipality?
04:10:58 >>THOM SNELLING: Once we have the data that will justify
04:11:01 something be put in place, there could be something, yes.
04:11:03 But until that is available --
04:11:06 >>LISA MONTELIONE: Right.
04:11:07 Absolutely.
04:11:08 Thank you.
04:11:08 >>MIKE SUAREZ: Any other questions for Mr. Snelling?
04:11:13 Okay.
04:11:14 Thank you, Thom.
04:11:14 We appreciate it.
04:11:16 All right.
04:11:17 We are at the penultimate item of the day.
04:11:19 Number 83.
04:11:20 Mr. Cohen, this is your item.
04:11:26 Staff talked with you about this item, I think.
04:11:30 >>HARRY COHEN: We had a meeting about this so I will let
04:11:32 staff.
04:11:34 We are going to let you go now.
04:11:35 >> Assistant city attorney Stinson.
04:11:43 I was looking at whether or not we could produce permit fees
04:11:47 for construction.
04:11:49 I took a look at the statutes that are applicable.
04:11:53 Chapter 553 of Florida statutes is the statute that creates
04:12:00 the building code and the jurisdiction to adopt that
04:12:03 building code.
04:12:04 And it has a provision in it.
04:12:06 It's Florida statute 553.80.
04:12:09 And that deals with the enforcement and the application of
04:12:13 permit fees.
04:12:15 It's pretty specific in that statute that it says that
04:12:19 permit fees have to be consistently applied.
04:12:22 It also says that we are required -- that the fees are
04:12:29 required to be proportional to the services that we provide
04:12:32 through the permits.
04:12:35 We are also required by law to charge increased rates when
04:12:40 we do reinspections or have to review plans multiple times.
04:12:46 And the only thing criteria that the statute gives us would
04:12:55 be dealing with a single-family residence.
04:12:58 Then also I think made aware by Sal Territo from the city
04:13:02 attorney's office that we may have some bond commitments
04:13:04 that are connected to permit fees.
04:13:07 So all of that said, the conclusion that we have come to is
04:13:14 that you could alternatively create a grant program.
04:13:19 We would call it a grant, not a rebate, because again the
04:13:24 permit fees need to be consistently applied proportional to
04:13:28 the services.
04:13:29 But at council's pleasure, you could theoretically create a
04:13:32 grant program, and as long as criteria for the applicant for
04:13:38 that grant program, they could apply for that money and then
04:13:40 you have got money toward the --
04:13:47 >>HARRY COHEN: Soap basically what we are talking about is
04:13:49 a grant that could be used for historic preservation
04:13:51 purposes and historic preservation that is funded with
04:13:55 public funds that come from other entities.
04:13:58 That was really where I was going.
04:14:00 I wanted to create a mechanism by which someone doing a
04:14:04 historic preservation project that was funded either
04:14:08 partially or wholly with county or federal dollars would not
04:14:13 have to use those dollars to pay city permit fees.
04:14:19 And I don't want to put words in your mouthed.
04:14:21 What you are saying is we can't do that directly but we
04:14:23 could do it incorrectly by creating a grant program for
04:14:26 those types of projects?
04:14:28 >> Yes, Councilman.
04:14:30 The only thing that I would just point out to you is that it
04:14:34 is very important that the money that goes to fund that
04:14:36 grant program comes from an unrestricted part of the general
04:14:41 fund and not from moneys that are collected through
04:14:44 permitting.
04:14:45 >>HARRY COHEN: Okay.
04:14:48 So the way that we would move forward on such an item would
04:14:51 be that, I think, we would have a motion and direct you to
04:14:56 craft an ordinance creating such a program, but it would be
04:14:59 subject to the mayor's being willing to fund it out of the
04:15:03 general fund dollars?
04:15:05 >> Correct.
04:15:05 >>HARRY COHEN: So I would like to make a motion that we go
04:15:09 ahead and direct you to create that type of program, and
04:15:14 once we have done that, we can determine whether or not
04:15:19 there is interest from the administration in paying for it.
04:15:21 >> Would you like to hear from staff -- I'm sorry.
04:15:26 Would you like to hear from staff on the cost?
04:15:31 >>HARRY COHEN: Well, I'm not all that -- I'm not all that
04:15:35 concerned about it, just based on my own research.
04:15:38 I think it's actually very small.
04:15:40 I think we are talking about a very, very discreet group of
04:15:44 projects here that would even qualify for such an item.
04:15:48 But you could bring us back that information along with the
04:15:53 ordinance.
04:15:54 I mean, clearly, because the mayor would have to agree to
04:15:57 fund it, the cost is really almost a separate issue.
04:16:07 I mean, it's getting late in the afternoon.
04:16:09 >>MIKE SUAREZ: We have a motion by Mr. Cohen D.we already
04:16:12 get a second from Mr. Maniscalco?
04:16:14 And Mrs. Montelione, discussion?
04:16:16 >>LISA MONTELIONE: I would support what you are speaking of
04:16:23 so long as it is that narrowly tailored.
04:16:25 I don't want to open the door for this to be so broad
04:16:36 bushed.
04:16:40 Mr. Rope sayer owe doesn't get money out of general funds to
04:16:43 operate and it still costs the same amount similar to the
04:16:46 stormwater discussion.
04:16:47 Still costs the same amount of personnel time to process
04:16:52 Tampa permits, and sometimes longer because some nonprofits
04:16:56 don't have professional staff to run, you know, their
04:17:01 construction, you know, project.
04:17:03 So they sometimes need a little bit more hand holding than
04:17:07 most.
04:17:07 >> It would definitely have to be very narrowly tailored
04:17:15 because that's the only way to process this at a level where
04:17:17 anybody would even entertain.
04:17:19 >>LISA MONTELIONE: And I would like to hear the numbers
04:17:22 since we have been here all afternoon.
04:17:23 >> We don't actually have those.
04:17:27 >>LISA MONTELIONE: Okay.
04:17:29 >>MIKE SUAREZ: So we have a motion from Mr. Cohen.
04:17:31 We have a second from Mr. Maniscalco.
04:17:33 Any more discussion on that item?
04:17:39 >> I'm sorry to interrupt.
04:17:41 >>MIKE SUAREZ: Are you really that sorry?
04:17:42 Go ahead, I apologize.
04:17:43 >> I see that had you would be upset.
04:17:49 I preemptively apologize.
04:17:52 I was hoping we could get a little bit more clarification on
04:17:55 the narrow tailoring aspect that we have been discussing.
04:17:58 >>HARRY COHEN: Okay, so the motion would be to create --
04:18:03 you don't wish to call at rebate, so it would be a grant
04:18:07 program that would cover the permitting costs of historic
04:18:14 preservation projects that are funded by county or federal
04:18:20 grant dollars.
04:18:25 And I could see the city attorney getting ready to stand up.
04:18:31 You know, my purpose here is to prevent taxpayer money from
04:18:36 being gobbled up in the process, of the project, by fees
04:18:43 rather than actual spending on the project itself.
04:18:47 My suggestion was going to be that if you could work on an
04:18:50 ordinance, we could meet about it prior to your bringing it
04:18:54 to council, and rather than setting a specific date for it
04:18:57 to come back, I could make a separate motion.
04:19:11 >>JULIA MANDELL: City attorney.
04:19:15 I understand what you are saying.
04:19:16 I think one of the things we also need to look at is what we
04:19:19 currently have in place for both properties and I am
04:19:21 presuming that you are speaking of properties that already
04:19:23 have a designation that are come forward for maybe
04:19:26 renovation by nonprofits or by others, and that way, and of
04:19:32 course even if they are just receiving money, whether or not
04:19:34 they are nonprofit or not from governmental entities, so
04:19:40 there.
04:19:40 May be an opportunity to use existing programs rather than
04:19:43 creating an entire new thing.
04:19:46 So if you can give us some time to look at those issues, and
04:19:48 probably bring from Dennis Fernandez, historic preservation
04:19:52 office, to give more guidance on that.
04:19:55 >>HARRY COHEN: That's a great point.
04:19:56 You I think by restricting it to those designated types of
04:20:00 structures, that will in and of itself floor oh it
04:20:03 considerably.
04:20:04 Because nothing would be eligible for it that wasn't already
04:20:07 designated.
04:20:07 >>JULIA MANDELL: So I would ask you for time.
04:20:15 >>HARRY COHEN: A date certain.
04:20:16 >>MIKE SUAREZ: We have a motion.
04:20:17 Clerk, do you understand the motion?
04:20:19 >> I would ask them to repeat it.
04:20:21 >>MIKE SUAREZ: I knew that was going to happen.
04:20:23 >>HARRY COHEN: We are going look at creating a very
04:20:28 narrow -- ask the legal department to create a very narrowly
04:20:32 tailored ordinance covering local landmark designated
04:20:36 properties that are undergoing historic preservation
04:20:41 renovation, and to create a grant program to cover
04:20:50 permitting, costs and fees, paid to the city using federal
04:20:59 and/or state or county grant dollars.
04:21:02 So we are very specifically talking about taxpayer money
04:21:07 being used to pay for permits and fees in already landmarked
04:21:12 structures.
04:21:12 >>MIKE SUAREZ: Okay, the motion by Mr. Cohen, the second by
04:21:18 Mr. Maniscalco.
04:21:19 All in favor of that motion please indicate by saying aye.
04:21:22 Any opposed?
04:21:24 Okay.
04:21:24 Thank you very much.
04:21:25 I appreciate it.
04:21:26 Now, the final item.
04:21:28 Number 84.
04:21:31 What do they say, last but not least?
04:21:34 >>JULIA MANDELL: City attorney.
04:21:35 I recognize that you had asked for our purchasing manager to
04:21:39 address this item.
04:21:40 However, I think that it is in Democratic negotiations and
04:21:43 thought it would be more appropriate for me to address it.
04:21:46 As you know, had we have been in ongoing discussion was our
04:21:48 vendor ATS regarding our agreement and moving forward with
04:21:53 an amended agreement to allow it to be extended.
04:21:58 We are in the final parts of our discussion, and we are in
04:22:02 the process of trying to get some of the items finalized.
04:22:05 And it is our goal and my belief that we will have something
04:22:09 to City Council within the next 30 days.
04:22:12 Prior to anything going to City Council for review, it is my
04:22:16 intention to meet with you all individually and discuss what
04:22:18 is within the body of that to be able to ask me those
04:22:22 questions privately and then we can have a discussion if
04:22:25 necessary at the time the contract comes forward.
04:22:27 >>MIKE SUAREZ: Any questions or comments?
04:22:31 Mr. Reddick.
04:22:32 >>FRANK REDDICK: Let me say this.
04:22:35 We have had quite a few discussions with regards to these
04:22:39 red light cameras, and this contract negotiation.
04:22:44 And we have got to reach a point where we have to draw the
04:22:49 line.
04:22:50 And closure here.
04:22:53 Because I don't think it's fair that people continue to be
04:22:58 ticketed out there in the community.
04:23:01 I received one about a month ago.
04:23:03 And I challenged it because I don't think it's fair that a
04:23:08 person be ticketed when we don't actually have a contract,
04:23:12 you know.
04:23:12 We have got an agreement that we can extend it until we come
04:23:17 up with an agreement contract, because this council doesn't
04:23:23 have a renewable contract.
04:23:24 So technically we don't have a contract, but people are
04:23:27 still out there being ticketed and people paying a feign,
04:23:30 and I came close, very close, to not paying that $86 because
04:23:41 a ticket about a month ago and challenge it and challenge it
04:23:44 in court.
04:23:45 But because of sitting up here, I didn't want all the
04:23:49 publicity to gone with it.
04:23:51 >> You will get it now.
04:23:53 (Laughter).
04:23:54 >> I would be happy to add that.
04:23:56 (Laughter)
04:23:59 I would be happy to add that.
04:24:02 Please keep in mind this is an extension of time and wasn't
04:24:05 even just a monetary issue.
04:24:07 Because of pending litigation that's been going on.
04:24:10 One of the bigger issues that we have been looking at is the
04:24:13 mirror language related to the indemnification provision,
04:24:15 and so going through that process has taken some time.
04:24:21 I felt it was very important to look at those issues.
04:24:24 I felt that it was in the best interest to look at those
04:24:28 issues.
04:24:29 And it was something that was very important.
04:24:31 As I said, we are in the final end of the discussion.
04:24:35 I would be happy to have a discussion with you offline as to
04:24:38 the validity of any ticket that might be occurring at this
04:24:41 moment versus whether or not the question of being in a
04:24:45 contract would have that validity.
04:24:46 I don't think it's appropriate to have that on the record at
04:24:49 this time.
04:24:49 But like I said, I want to let you know where we are.
04:24:56 I think it's going to be sooner than 30 days but I wanted
04:24:59 council to have the time and the ability to have meetings
04:25:01 with staff and with myself prior to putting that on the
04:25:03 agenda.
04:25:04 That way you are fully informed prior to that meeting.
04:25:07 >>FRANK REDDICK: Let me just say this.
04:25:12 If it takes more than 30 days, then shouldn't this council
04:25:15 make the decision to just say do not go forward in
04:25:18 hindsight?
04:25:21 >>JULIA MANDELL: I would have no problem if you want to
04:25:23 continue this item for 30 days and if I don't have something
04:25:26 to you within the 30 day time period we can start to make
04:25:28 some different decisions.
04:25:30 >>FRANK REDDICK: All right.
04:25:31 Then I am going to make a motion, you say 30 days from day?
04:25:42 >>JULIA MANDELL: I have no problem with that finance that's
04:25:44 the will of council.
04:25:45 >>HARRY COHEN: October 6th would be our first meeting.
04:25:49 >>FRANK REDDICK: All right, I make a motion that legal
04:25:53 department report back to us on October the 6th of
04:25:59 whether they have reached an agreement with the company
04:26:02 pertaining to red light cameras.
04:26:04 If not, I ask Tampa council make a decision whether we want
04:26:08 to move forward with an extension or end this contract.
04:26:11 >> Second.
04:26:12 >>MIKE SUAREZ: Motion by Mr. Reddick.
04:26:15 I have a second by Mr. Maniscalco.
04:26:17 I have the discussion.
04:26:18 Mrs. Montelione.
04:26:18 >>LISA MONTELIONE: Thank you.
04:26:26 Ms. Mandell.
04:26:28 Thank you.
04:26:30 We approve contracts here when they come to us after they
04:26:34 have been prepared by staff as agenda items.
04:26:37 But with the charter question again, under our charter, can
04:26:43 we direct the legal department to cease negotiating with a
04:26:48 vendor?
04:26:50 >>JULIA MANDELL, no you cannot, but you can advise me
04:26:53 that -- you could advise me at that time whether or not you
04:26:57 feel that you would be no position if you were brought a
04:27:01 contract as to whether or not you would vote it up or down.
04:27:04 But with that said, I'm very confident that you will have
04:27:10 something in front of you in the next 30 days.
04:27:12 But I understand Mr. Reddick's point of the concern about
04:27:15 this being an ongoing issue.
04:27:17 >>LISA MONTELIONE: Okay.
04:27:18 I just wanted clarification.
04:27:20 >>MIKE SUAREZ: We have a motion on the floor.
04:27:24 Any more discussion on this particular item?
04:27:27 All in favor of that motion please indicate by saying aye.
04:27:29 Any opposed?
04:27:31 Okay.
04:27:31 I think our agenda is now clear.
04:27:34 Information reports and new business by council members.
04:27:36 Mr. Reddick.
04:27:37 >>FRANK REDDICK: Yes.
04:27:38 Just one item on behalf of Councilman Miranda.
04:27:43 He's requesting a commendation for Allan Marlborough to
04:27:47 celebrate his retirement after 30-plus years at TPD to the
04:27:53 City of Tampa to present to him at a ceremony.
04:27:57 >>HARRY COHEN: Second.
04:28:00 >>MIKE SUAREZ: All in favor of that motion? Any opposed?
04:28:03 Anything else, sir?
04:28:04 Mr. Cohen.
04:28:04 >>HARRY COHEN: Two quick items, Mr. Chairman.
04:28:07 The first is I would like to ask council for a commendation
04:28:10 to be presented to Charles Scruggs family on September
04:28:19 1st, 2016 at 9 a.m. under ceremonial activities.
04:28:22 >>MIKE SUAREZ: Motion by Mr. Cohen.
04:28:25 Second by Mrs. Montelione.
04:28:26 All in favor?
04:28:28 >>HARRY COHEN: And the second is that citizens advisory
04:28:31 board on the budget to present their recommendations and
04:28:34 comments to us at our first budget public hearing on
04:28:38 September 7th, 2016.
04:28:41 And I believe that is at 5:01 p.m.
04:28:44 >>MIKE SUAREZ: I have a motion from Mr. Cohen, a second
04:28:47 from Mrs. Montelione.
04:28:48 All in favor of that motion?
04:28:50 Anything else, sir?
04:28:51 Thank you
04:28:52 Mr. Maniscalco, anything?
04:28:54 >>GUIDO MANISCALCO: Just a couple items.
04:28:55 Tuesday is primary election day and I ask that everybody, if
04:28:58 they haven't done so already, to please go out and vote.
04:29:01 It's very important.
04:29:02 Also be careful.
04:29:03 We have some terrible weather coming our way.
04:29:05 But something was mentioned this morning that I want to
04:29:08 reiterate is Monsignor Higgins, could you call him a living
04:29:16 legend, an icon, so many things.
04:29:18 But he will be irreplaceable.
04:29:21 The impact that he's had on this community, and so many
04:29:24 people, there really are no words to describe.
04:29:27 But I will say something that he mentioned and he said that
04:29:33 he gave last year was some words of wisdom and they are
04:29:36 never condemn anybody, instead love them and pray for them.
04:29:40 So very, very important words and words we should live by.
04:29:44 And I just wanted to say that.
04:29:45 Thank you very much.
04:29:46 >>MIKE SUAREZ: Mrs. Montelione, you are next.
04:29:49 >>LISA MONTELIONE: So Monsignor Higgins is joined by
04:29:54 Captain Bob Silah who some of you may remember we had here
04:30:00 at council to give him a commendation for Operation Helping
04:30:03 Hand.
04:30:04 He established Operation Helping Hand to provide the
04:30:08 veterans who are recuperating at James A. Haley hospital in
04:30:16 camaraderie with other retired military, and every month
04:30:20 they have a wonderful dinner out at James A. Haley.
04:30:25 I have been a regular attendee.
04:30:27 And I am wearing the operation helping hand pin that he gave
04:30:30 me in his honor.
04:30:32 But he will be greatly missed.
04:30:36 He was key in establishing and was a former president of the
04:30:42 Carrollwood business association.
04:30:45 In his retirement he may be busier than he ever had been.
04:30:49 And he will be missed by many in the community.
04:30:54 He went above and beyond, and he was just a kind, lovable
04:31:00 man.
04:31:00 >>MIKE SUAREZ: Anything else, Mrs. Montelione?
04:31:05 I need a motion to receive and file.
04:31:07 I have a motion by Mr. Cohen.
04:31:08 Second by Mr. Maniscalco.
04:31:10 All in favor of that motion indicate by saying aye.
04:31:12 Any opposed?
04:31:13 Anyone in the public want to speak at this time on any item?
04:31:15 I see no one.
04:31:17 We are adjourned until 6:00 p.m.
04:37:43
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