Help & information    View the list of Transcripts






Tampa City Council

Thursday, September 15, 2016

9:00 a.m.



DISCLAIMER:

This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.


[Sounding gavel]

>>MIKE SUAREZ: Tampa City Council is now called into order.

The chair yields to Mr. Charlie Miranda.

>>CHARLIE MIRANDA: Chairman, it's my pleasure this morning

to have Mr. Steve Michelini come before us and lead us in

prayer.

Please stand for the prayer and remain standing for the

pledge of allegiance.

Mr. Michelini, thank you very much.

>>STEVE MICHELINI: Good morning.

Dear Lord, in troubled times we turn to you.

We know the hate and anger is not your way.

We pray to you for your righteous glory to guide us, to help

us and to protect us.

Give us the strength to resist temptation and rather to




engage in truth, honor and?

You are our protector, our shield, our shining light.

We call upon you to exercise good judgment.

Help to us make honorable decisions in the face of

adversity.

We trust in you, Lord, to show us the way.

You are the beacon of hope in troubled times, the source of

our salvation, the kind and gentle light of truth.

We are humbled to speak your name except in reverence and

seek your blessings upon your people.

Let those of little or no faith feel your presence and love.

Help them to choose a life of hope and feel the spirit.

We ask for your gift of wisdom, understanding and appears as

the council deliberates on decisions brought before them.

We ask for your loving hand prove Texas to be extended over

all of our Armed Forces, the first responders, the police

and the firefighters, doctors, medical personnel, teachers

and this council.

Let us never forget their sacrifices are for the good of us

all.

Bless and keep them in your holy shroud of light over the

darkness and truth over deceit, honor over dishonor, good

over evil.

In your holy name, amen.

[ Pledge of Allegiance ]




>> Roll call.

>>CHARLIE MIRANDA: Here.

>>YVONNE CAPIN: Present.

>>HARRY COHEN: Here.

>>GUIDO MANISCALCO: Here.

>>MIKE SUAREZ: Here.

I need an approval of the addendum to the agenda.

If I can get a motion to that.

I have a motion from Mr. Miranda.

A second from Mr. Cohen.

All in favor of that motion please indicate by saying aye.

Any opposed?

And the first item up we are going to do is our public

comment on any items that are on the agenda.

If there is someone here that wishes to speak before any

item before the agenda, except for those set for public

hearings, zoning and land use hearings, please come forward

at this time.

Please state your name for the record.

>> My name is Matt Florell here to speak about red light

cameras.

I would like to thank the members of City Council who were

able to meet with me on the subject.

And I hope all of you were able to take a few minutes to

read about the issues that I have identified with Tampa's




red light camera program.

In the e-mail I sent to all of you yesterday.

I want to speak for the record, I have never received a red

light camera ticket.

But I have been researching red light cameras for the last

five years.

I have read dozens of studies, reports and contracts,

reviewed hundreds of crash reports and red light camera

videos, as well as analyzing ticket data for tens of

thousands.

I can tell you without a doubt take that red light cameras

do not make roads safer.

Here in Tampa is the perfect example of that.

With the state report that was released earlier this year,

we learned that overall crashes went up 51 percent, more

serious angle or T bone crashes went up 142% and fatalities

also increased.

By any measure safety at red light intersections have gotten

worse since the red light cameras were installed.

If this decline was not enough reason to stop the program

consider the vast majority of the fines collected goes

either to state government in Tallahassee or the city vendor

in Arizona.

Only a small fraction of those millions of dollars collected

per year stays in our local community.




What little money does stay here in Tampa mostly goes into

the general fund, a large portion of which pays for the

nonvendor costs of the program, although we have no idea how

much that is exactly because of the administration hasn't

told us.

In the end, the bottom line is this.

We are spending millions of dollar per year out of our

community for a safety program that is not making us safer.

I ask that you please reject the new contract with ATS.

Let the cameras go dark in Tampa.

Thank you.

>>MIKE SUAREZ: Thank you.

Next.

>> Ed, Ed Tillou, Sulphur Springs.

Okay, I came prepared to speak my three minutes on a whole

lot of other things but that last comment I have to speak

about that.

I am a pedestrian.

I am on a lot of these streets.

There was a vast change once those red cameras went into

effect.

I don't know what the statistics are.

I'm just out, you know, feet on the ground, and I see the

difference.

In fact, there's a major problem at an intersection, and two




intersections actually on Nebraska and Fowler.

You have got to put them there, because the turning cars do

not stop.

They just come around the turn, and if anybody is there --

okay.

The other one is 15th street and Fowler, because I have

seen cars going through the red light at that intersection.

So, anyway, that's those.

What I came to speak about was there was a public

transportation meeting, and one of your members was

overseeing that, and actually did a pretty good job.

Ed Turanchik doesn't seem to want to run.

One of the things I gave out was a little freebie, and you

open it up and you say, wow, something about public

transportation.

And what it is, it's something that -- it won't come out.

Anyway, it's something that plugs into a car, a car plug,

you know, like your cigarettes and things if they still have

them.

But anyway, it's like wink, wink, you know, hey, use public

transportation, but we are giving you this thing for your

car.

I don't think public transportation can replace the car, but

it can substitute for a lot of use of the car.

And its use of the cars that generates the carbon dioxide.




I have this little thing about what happened years ago in

Brooklyn.

They moved a whole hotel that was about 400 by 200, and they

used four locomotives to move it.

And that's maybe something that could be done -- see, here

are the locomotives.

That's done for the a la carte pavilion maybe to get a half

million or million dollars into the pockets of the Shriners

while waiting to sell the land, because there's supposed to

be a pavilion built at this Westshore project.

And right now because the deal fell through with the a la

carte pavilion, the Shriners don't have money for their

hospitals.

So maybe to buy their a la carte thing and move it, because

these hovercrafts are the very important with respect to

Afghanistan.

(Bell sounds).

>>MIKE SUAREZ: Thank you, sir.

Is there anyone else from the public that would liking to

speak at this time to any item on the agenda that is not set

for public hearing?

Okay, I see no one.

Are there any requests -- yes, I know -- are there any

requests from the public for reconsideration of legislative

matters at this time?




Again I see no one

Before we go forward with the rest of our agenda, I would

like to acknowledge the class from Roman park, Mrs. Battle

is here with her fourth grade class.

Do you mind bringing these young folks up and just say who

they are, and come across the podium, if that's okay?

>> And I'm Ms. Battle.

>> You are not much older than the class.

(Laughter).

>> This is my second year here.

>> Okay, terrific.

And my son went to Roland park, it's a wonderful school.

I know the city attorney's children go to Roland park as do

the CFO's children.

Can I ask you a question, what are you trying to teach these

kids today about government?

>> Trying to show them how government works and we are

studying the local government, how City Council and how you

guys run your meeting at City Council.

>>MIKE SUAREZ: Terrific.

Thank you for being here.

We really appreciate seeing you and all your children.

>> Thank you so much for having us.

>> Thank you for being here.

Okay.




Our first item, we are going to try to get to as quickly as

possible, which the first walk-on item on our addenda, Mrs.

McLean is here to explain why we have a walk on item

concerning this.

Go ahead.

>> Good morning, Mr. Chair, City Council members.

January McLean, office of city attorney.

I am here today to ask for your approval to consider this

walk-on item, which is a resolution approving an agreement

with the Hillsborough County tax collector office for them

tore do notice and collect for the recently adopted

stormwater improvement assessment.

We currently have an agreement with the tax collector, and

they have been providing the services for us, for our

service assessment, with the new assessment, we must execute

a new agreement.

And this is only recently come to light.

We have certified the roll to their office and we have been

in constant contact with them over the last 48 hours.

I do want to say a public appreciation to Emil Parker at the

tax collector's office, has been a huge assistance to my

office and to the stormwater engineering division.

I want to remind you that you adopted the resolution

2015-796, October 1, 2015, which indicated the city's

intention to use the tax collector to use the uniform




methodology of collecting the assessment.

At that point in time the improvement assessment was not

approved but subsequently obviously on September it was, so

we need this agreement at this time.

>>MIKE SUAREZ: Thank you.

Any questions for Mrs. McLean about it?

>>CHARLIE MIRANDA: Is there any additional charge for this

service?

>> It is the statutory charge that we have discussed

previously.

As in the agreement, it's per statute -- let me give you the

specifics.

>>CHARLIE MIRANDA: Just so I understand we are paying for

the outfalls and drainage ditches, and this is an additional

charge for them to do the same thing?

>> Yes.

>>CHARLIE MIRANDA: What was the first one?

>> The exact same as this one.

It has not changed.

It is the tax collector will charge -- it's 2% of the --

here it is.

On an annual basis, we add a rate of 2% of the amount of

special assessments collected and remitted for the actual

cost of collection, whichever is greater, and that's

pursuant to section 197-252 --




>>CHARLIE MIRANDA: If I may.

I'm sorry, I am not trying to embarrass myself or you or

anybody else.

What is 2% of the total in that 30 years?

>>JAN MCLEAN: For 30 years I don't know because it's 2% of

the amount of assessments collected and remitted so it

wouldn't be the exact same every single year.

>>CHARLIE MIRANDA: I understand.

Escalating clause to be a certain point until it becomes

stabilized.

If I remember the conversation we had here some time back,

it was at the rate of $5 million for the total cost.

Something like that?

>>JAN MCLEAN: On an annual basis?

I do recall that, yes.

>>CHARLIE MIRANDA: Thank you very much.

>>MIKE SUAREZ: Any other questions of Mrs. McLean on this

particular item?

If I could get a motion.

Okay, Mr. Cohen?

>>THE CLERK: There is a substitute.

>> HARRY COHEN: Move the substitute resolution.

>> Second.

>>MIKE SUAREZ: I have a motion from Mr. Cohen.

I have a second from Mrs. Montelione.




All in favor of that motion?

Any opposed?

>>THE CLERK: Motion carried with Miranda, Reddick and Capin

voting no.

>>MIKE SUAREZ: Thank you.

The first item up is item number 1.

It is our volunteer mutual aid agreement between the city

police department and law enforcement agencies.

Is there someone from staff?

I'm sorry, it is under Public Safety Committee.

The Public Safety Committee is our chair Mr. Charlie

Miranda.

Mr. Miranda, we pulled item number 3 for discussion.

If you could move the rest of those.

>>CHARLIE MIRANDA: I move items 1 and 2, please.

>>MIKE SUAREZ: Second from Mr. Cohen.

All in favor of that motion?

Any opposed?

Next up is our Parks, Recreation and Culture Committee, Mr.

Maniscalco is our chair.

Before you move those items, Mr. Maniscalco, we will have to

move items 4 through 6 and leave 7 out for right now.

Mrs. Montelione has a comment on number 7.

>>GUIDO MANISCALCO: Move items 4, 5 and 6 as well as number

8.




>> Motion from Mr. Maniscalco.

Second from Mr. Cohen.

All in favor of that motion?

Any opposed?

Mrs. Montelione, item number 7.

>>LISA MONTELIONE: Thank you.

Mr. Shelby, I believe on number 7, I have a conflict so I

will have to abstain.

My significant other, Josh geary, is employed by Josh

builders.

>> You believe this is a conflict of interest?

>> I believe it is.

>>MARTIN SHELBY: Thank you.

I will prepare the conflict for you to file your abstention.

>>GUIDO MANISCALCO: I would like to move item number 7.

>>MIKE SUAREZ: Second from Mr. Cohen.

All in favor of that motion?

Any opposed?

Okay.

Next up is public works committee, Frank Reddick is our

chair.

>>FRANK REDDICK: [Off microphone.]

>>MIKE SUAREZ: Motion by Mr. Reddick.

Second by Mr. Miranda.

All in favor? Any opposed?




Finance Committee chair, Mr. Harry Cohen.

>>HARRY COHEN: Move items 19 through 26.

>> Second.

>>MIKE SUAREZ: Motion by Mr. Cohen.

Second from Mr. Miranda.

All in favor of that motion please indicate by saying aye.

Any opposed?

Building, zoning, preservation committee.

Our chair, Ms. Lisa Montelione.

>>LISA MONTELIONE: Move items 27 through 38.

>> Second.

>> Motion by Mrs. Montelione.

Second from Mr. Cohen.

All in favor of that motion?

Any opposed?

Okay.

And our transportation committee chair is Ms. Yvonne Yolie

Capin.

>>YVONNE CAPIN: Item number 39.

>> Second.

>>MIKE SUAREZ: Motion from Mrs. Capin, second from Mr.

Miranda.

All in favor of that motion?

Any opposed?

Okay.




Next up we have items 41 and 42 -- excuse me, through 42.

If I could get a motion on number 40 to set a public

hearing.

Motion from Mr. Miranda.

I have a second from Mrs. Montelione.

All in favor of that motion please indicate by saying aye.

Any opposed?

All right.

Item 41.

>>CHARLIE MIRANDA: So moved.

>>MIKE SUAREZ: I have a motion from Mr. Miranda.

I have a second from Mr. Cohen.

All in favor of that motion?

Any opposed?

And item number 42.

I have a motion from Mr. Miranda.

I have a second from Mr. Cohen.

All in favor of that motion please indicate by saying aye.

Any opposed?

Okay.

Well, the hour is at 9:25 a.m.

According to our cameraman's thing.

So we have public hearings at 9:30 that cannot be heard at

this time.

Trying to see if we can go to staff reports.




I think the red light camera discussion is going to be a

little bit of a longer one.

Maybe there is another item to go forward on beforehand.

Mr. Shelby, item number 55 was about the issues concerning

the charter review.

If you don't mind, we'll take up 55 at this time.

>>MARTIN SHELBY: Martin Shelby, City Council attorney.

Item number 55, part A, we've received the revision.

That concludes my report.

(Laughter).

>>MIKE SUAREZ: Pretty good, Mr. Shelby.

>>MARTIN SHELBY: Thank you.

The only thing remaining, council, is the discussion of what

language would fit into section 7, the administrative

clerical legal support, which is actually part B.

>> Are there any questions from Mr. Shelby concerning this

item?

Okay.

Usually a very loquacious group.

We are a little quieter this evening.

Part 2 of item 55 concerns the issues on budgeting for our

charter review, because we took a vote, I think last week or

two weeks ago, I think two weeks ago, there is no report to

maintain.

That's something that's going to have to be negotiated with




the administration.

They were going to come back to us prior to our second

budget hearing, if I am not mistaken, concerning the amounts

that were requested by council.

Okay.

Any other questions or comments on item number 55?

Yes, sir.

>>MARTIN SHELBY: With regard to placing language -- and I

can come back with consent of council -- but do you want

language in there about administrative support for the

commission, by the administration, the meetings we would

have been having prior to the clerk of the city and the fact

that council does have money -- or rephrase that -- where

the council could choose or may choose to provide additional

support as needed for the support of the charter review

commission?

>>MIKE SUAREZ: Okay there, was a lot of stuff going on in

that sentence.

My guess is that obviously the clerk would always be the

area in which some of this discussion with charter review

would start.

I think the discussion that we had had to do with hiring

other folks in order to facilitate that charter review, not

only on the first time but for an ongoing part of it.

That's the reason why we had discussion about the $11,000




that was remaining from last year and whether or not that

rolled over, put it back in the budget, and whether or not

we were going to increase it up to 25,000.

So I think that was when the administration comes back we

have to have that discussion to make sure that we can get

that $25 that you by vote from council.

>>MARTIN SHELBY: Council's pleasure then, consistent with

this discussion, I can bring back whatever council wishes,

the final version that includes language in section 7

consistent with what you said.

>>MIKE SUAREZ: I think that would be great, then we can

have the draft, and all of us can look at it and we can have

a discussion when the administration comes back for that

discussion.

>>MARTIN SHELBY: Second reading of the budget obviously.

>>MIKE SUAREZ: Right.

>>MARTIN SHELBY: Would council want to set a date or keep

this in abeyance till when I have it prepared?

>>MIKE SUAREZ: Anyone want to make a motion to that effect?

>>LISA MONTELIONE: I'll make the motion to keep it in

abeyance.

>> Second.

>>MIKE SUAREZ: Motion from Mrs. Montelione.

A second from Mrs. Capin.

All in favor of that motion indicate by saying aye.




Any opposed?

Okay.

>>MARTIN SHELBY: Thank you.

>>MIKE SUAREZ: All right.

Since we are still just a couple minutes early, I will go to

information reports and new business by council members.

Mrs. Montelione, do you have any new business?

Or do you want me to start on this end?

>>LISA MONTELIONE: Yes.

None at this time.

>>MIKE SUAREZ: Mr. Maniscalco.

>>GUIDO MANISCALCO: I would like to present a commendation

to Lizette Rivera, Chef Inspired Popcorn company to be

presented at the ribbon cutting next Tuesday, September

20th. Rivera has been over 20 years in the insurance

field, was diagnosed was celiac disease, and could not eat

anything by gluten. Frustrated by a lack of snack options,

she searched all over for something simple but great

tasting. She turned a negative into positive when her

condition led her to a true snack popcorn.

Never satisfied with letting regular be good enough she

experimented at home with flavors for her and her family,

and Chef Inspired Popcorn was born.

City Council would honor Mrs. Rivera for entrepeural spirit

and for moving her home grown business from the county to




Hyde Park in the heart of Tampa.

It truly embodies what it means to start a small business

and reinvest in the Tampa community.

>> Second.

>>MIKE SUAREZ: Motion by Mr. Maniscalco.

Second by Mrs. Montelione.

All in favor?

Mr. Cohen?

>>HARRY COHEN: I have a couple of items, Mr. Chair.

First of all, we did just pass the stormwater assessment in

the last couple of weeks, and I have been giving the matter

some thought since the vote, and I really think that for

this program to be successful, it is a multiyear,

multi-generational program.

I think it very, very important that council hear back

periodically from the administration about the details of

how they are spending this money.

Regardless of whether you agree with it or didn't agree with

it, the fact of the matter is the administration, and

subsequent administrations, are going to have money to spend

on stormwater.

And I would like to propose really two motions.

The first is to hear back from the water department and

contract administration as well as the legal department, and

also the budget and finance department, on October 6th




under staff reports to answer just the following question:

How do they propose to set up the structure by which they

are going to manage these projects and manage the moneys

that are associated with it?

What type of governance are they going to put over the

project?

Will the mayor's office have a representative that oversees

it?

I would like them to make a report of how they plan to

organize all this going forward.

So that is the first motion.

>> Second.

>>MIKE SUAREZ: Motion from Mr. Cohen.

I have a second from Mr. Maniscalco.

I have a discussion at this time.

Mrs. Montelione.

>>LISA MONTELIONE: Thank you.

And I'm not sure if this is too soon and it's covered in

your second motion.

But I think you referred to it.

But if we he could be clear, it would be, I think, prudent

to have a list of projects of how they decided which

projects were going to be done first.

>>HARRY COHEN: Well, before we even get to that I want to

know how they are going about organizing the fact of doing.




This I just want to know what they are doing and have us

have the opportunity to ask them about it.

>>LISA MONTELIONE: I understand that.

And I think part of the -- at least my understanding of

organizing it is the decision-making process of how they are

organizing, to use your words, the project list.

>>HARRY COHEN: You are asking about the substance and I'm

really asking about the process.

But let's hold that in abeyance for just a moment.

>>LISA MONTELIONE: We are doing a lot of abeyance.

>>MIKE SUAREZ: Anyway, we have the motion and the second.

We have other discussion on that particular motion.

Mrs. Capin.

>>YVONNE CAPIN: It's all good and fine.

But really, that should have been -- I discussed it with

them, asking them when -- how they are going to be spending

it, where -- there was no answer.

Really, that question that you proposed should have been

part of the discussion and answered to us before we voted on

this issue.

That's all I'm going to say.

>>MIKE SUAREZ: Mr. Miranda, do you have a question or a

comment?

>>CHARLIE MIRANDA: [Off microphone.]

>>MIKE SUAREZ: At the end of the meeting or end of this




vote?

Terrific.

>>HARRY COHEN: What I am asking for is an explanation of

the type of project management that they are going to put in

place to do this.

I want -- frankly, this is something -- my second motion was

going to be to here from them quarterly an get an update

once every three months on what they are actually doing,

because I think that long after we are gone, over the years

that this program is in place, council and the public are

going to need to keep a close eye on how it is progressing.

So this is not about the original substance of what was

done.

It's begun us being able to get information about what they

are doing, and how they are doing it, and giving us an

opportunity to hear from the public and keep this to be a

transparent spending of the money.

>>MIKE SUAREZ: Mrs. Capin, you have another comment?

>>YVONNE CAPIN: [Off microphone.] absolutely.

It should have been part of the discussion.

When you get $250 million, what are you doing with it and

how are you going to use it and where is it going?

That is very important.

And that was not discussed.

>>MIKE SUAREZ: Anything else on this particular motion?




We have an editorial coming at the end but is there any

other discussion on this item?

Madam clerk, do you have the motion clear?

Okay, frisk.

We have a motion.

We have our second.

All in favor of that motion please indicate by saying aye.

Any opposed?

>>THE CLERK: (Off microphone) Motion carried -- voting no.

>>HARRY COHEN: The second item is I think they should

appear quarterly in the first meeting of each quarter under

staff reports and give us an update on the program and we

will have a chance to ask questions as different items come

up.

I think as those of us here as we rotate off council it will

be very important for council members in the future to be

briefed and be aware of how this project is progressing in

the coming years.

>>MIKE SUAREZ: Okay.

That is in the form of a motion?

And you say first quarterly.

What do you mean?

>>HARRY COHEN: I'm saying every three months starting in

January.

>>MIKE SUAREZ: Just want to make sure.




>>HARRY COHEN: Under staff reports to council in the same

way that we get a monthly CRA update.

>>MIKE SUAREZ: I wanted to make sure it was the first

meeting in January would be that you are asking.

Then quarterly after.

>>HARRY COHEN: Yes.

>>MIKE SUAREZ: We have a motion from Mr. Cohen.

Do we have a second?

We have a motion from Mr. Cohen.

A second from Mrs. Montelione.

All in favor that motion?

Any opposed?

>>HARRY COHEN: Another item.

I want to make --

>>MIKE SUAREZ: I want to make sure there's no opposition.

>>HARRY COHEN: Another item I want to bring up, I know we

are having a noise workshop next week, and I wanted to ask

if EPC could be invited to come and tell us a little about

their noise enforcement program, how they view noise as a

public health and environmental issue, and be placed on our

agenda.

>> Second.

>>MIKE SUAREZ: We have a motion from Mr. Cohen, a second

from Mrs. Montelione.

All in favor of that motion?




Any opposed?

Anything else?

>>HARRY COHEN: I have a few forms to file from my last

meeting.

>>MIKE SUAREZ: Terrific.

You're busy today under new business.

Mrs. Capin, nigh new business?

>>YVONNE CAPIN: Yes.

I would like to make the motion to present the following

Eagle Scout with commendations.

Patrick Danielson, Spencer Boyd, George Bentley, Nathanael

Seller, and Colton Fenley.

>>MIKE SUAREZ: Second by Mr. Maniscalco.

All in favor?

Any opposed?

Anything else, ma'am?

>>YVONNE CAPIN: That's it.

>>MIKE SUAREZ: Mr. Reddick.

>>FRANK REDDICK: Yes, one item.

I am going to request a commendation to be presented to the

Mayme Harris Hargrett family.

>>MIKE SUAREZ: We have a second from Mr. Cohen.

All in favor of that motion?

Any opposed?

Anything else, sir?




>>FRANK REDDICK: That's it.

>>CHARLIE MIRANDA: Thank you, chairman.

I have a couple of small items that can be condensed into

one, to invite the Hispanic Heritage committee to announce

their annual event on October 6th, 2016, and the

Hispanic Heritage Committee to bring here and present them

with the commendation on October the 18th at the Tampa

Theatre.

>>MIKE SUAREZ: A motion from Mr. Miranda.

Second from Mr. Cohen.

All in favor of that motion?

Any opposed?

Anything else, Mr. Miranda?

>>CHARLIE MIRANDA: Thank you very much.

On the editorial side, I'm not an editorial writer.

I don't.

I don't even write.

But one, when they gave you a map of the city, what was not

explained the timetable, they had some generalities.

I would imagine that Mr. Cohen in the discussion here, and

where the money is.

When you look at the impact when it says financial cost, and

all things that cost money, it mentioned 251 million.

What I would like to be see done and have this council vote

on it is to somewhat change those things so that the public




gets a true feeling of what the real costs are.

It's not 251 million.

It's 251 million without the interest.

And that cost would be something close to 500 million or

half a billion on that item.

Not specifically on that item but on all items that come

here, it is a financial impact, it should include the

interest so that the public understands what we are doing.

That's number one.

Number two, when you look at the news here lately about

St. Pete with 70 million gallons going over and Tampa with a

small amount, and thank God we had the foresight years ago

under another administration to do what we did to facilitate

so that very little or no untreated water goes into the bay.

And I'm not after the mayor of St. Pete.

He's got to do what he did.

He didn't start this.

40 years ago.

He inherited it.

However, when you look at St. Pete and Tampa, you want to

put another stadium in St. Pete?

And you don't have a sewer system?

That's real smart.

Our CIT tax ends in 2027.

When it was passed, in 1996, September, very little, about




51-49%.

It was going to help the schools, was going to help the

city, going to build this.

You sit back and you ask yourself what improvements you have

seen.

Yes, there have been millions of dollars spent on hardware

and stuff of that nature, cars and stuff of that nature,

that won't be coming in after 2026.

But it also included wastewater, sewer water.

What happened there?

They got a new stadium paid for.

They got a $25 million in the original for improvements to

NFL standards whatever that is.

And then we gave them almost the size of this building, a

fat print, and built a TV for people watching the games to

have an experience.

That's nice.

So now you got to go to a game and watch it on television.

That's even nicer.

But it really wasn't about that.

It was the revenue that comes off that big TV that you and I

will never see and you and I may never know what they are.

So we keep talking about building a stadium here for

baseball.

You got to be nuts.




Who is going to fund that?

And it ain't 500 million.

That's only the cost.

It ain't 600 million.

It ain't 700 million.

It's over a billion.

Because they don't tell you about the interest.

So you keep talking about the experience, and you keep

talking about going out and having a nice time while your

streets, traffic can't move, where your sewers are backed

up.

And talking about that, I voted against it not because I

wanted to, because I had to.

You don't change if size of a pipe without moving out 20

miles because the water can't drain.

It drains through if bay.

All you are going to do there is get more rainfall Colts

comes.

If we have that hurricane, that was a small one, yet very

devastating one, come through Tampa, I don't care what type

of pipes you have, you will all have been flooded.

Even downtown.

All of us would have been flooded.

Because the pipe only carries the water where?

To the bay.




And the bay with high tide can't take any water to the bay.

It's a very simple thing.

Can you store more water?

Yes.

Can you prevent flooding for the first half hour maybe?

Yes.

But if something large comes by, EL swimo, you better leave

town because it ain't going to be pretty.

Mr. Chairman, all I'm saying is, let's be diligent with what

we do.

Let's understand -- I'm not against sports.

Let them build their own damn stadium.

They got more money than you and I and more money than the

city, the school board or the county has, on a yearly basis

to do what they want to do.

Yet they want you and I to pay for it and they will convince

you to pay for it because they want to give you a center

somewhere, but yet you and I maintain the center if we have

the money or not.

Those are the things that are frustrating.

Those are the things why you see people saying, oh, that

individual there, especially in national politics, we didn't

vote for somebody we liked, we voted somebody because we

don't dislike them as much as the other person.

>>MIKE SUAREZ: Thank you.




Anything other new business before we go forward with our

9:30 meetings?

Yes, ma'am.

>>LISA MONTELIONE: My new business item.

Took me a second.

I would like to invite V.J. Gandhi here.

I'm looking at the November 5th, 2016 Indian festival,

Tampa Bay, which I think is the 26th -- that's what I

was looking for -- 29th year -- I think 29 years is a

long time to be holding a festival and it is every single

year.

And if no one has been there before it's just an amazing

experience.

The dance and the food and the culture, it's just a

wonderful experience.

So I would love to have Mr. Gandhi come and talk to us about

that.

And I can ask council for him to present -- since November

5th, I think the best choice would probably be our

October 20th City Council session.

>>MIKE SUAREZ: Terrific.

Motion from Mrs. Montelione.

Second from Mr. Maniscalco.

All in favor of that motion?

Any opposed?




Anything else, ma'am?

>>LISA MONTELIONE: No, sir, that's it.

>>MIKE SUAREZ: Okay, terrific.

Now we are on our public hearings for 9:30 a.m.

If I could get a motion to open items 43 through 51 at this

time.

I have a motion from Mr. Maniscalco, a second from Mr.

Cohen.

All in favor of that motion?

Any opposed?

Before we go forward, if there's anyone here that's going to

speak on items 44 through 51, please rise and be sworn in at

this time.

Thank you.

Item number 43.

Is there someone from staff to talk about this item?

Anyone from parking division?

Okay.

Is there anyone in the public that would like to speak on

item number 43?

This concerns an ordinance dealing with penalties for

parking violations and revisions to our parking code.

I see no one.

If I could ask Mr. Maniscalco to take item number 43.

>>GUIDO MANISCALCO: Thank you very much, Mr. Chairman.




>>MIKE SUAREZ: I apologize.

Can I get a motion to close?

Motion from Mr. Cohen.

Second from Mr. Maniscalco.

All in favor of that motion?

Any opposed?

Now Mr. Maniscalco.

>>GUIDO MANISCALCO: And ordinance being presented for

second reading and adoption, an ordinance of the city of

Tampa, Florida relating to penalties for parking violations

making revisions to the City of Tampa code of ordinances

chapter 15, parking, amending article 2, regulations,

permits, penalties, division 4, penalties, section 15-121,

penalties for parking violations, ticket cancellation

privileges, repealing all ordinances or parts of ordinances

in conflict therewith, providing for severability, providing

an effective date.

>> We have a motion from Mr. Maniscalco, a second from Mrs.

Montelione.

Please record your votes.

>>THE CLERK: Motion carried with Miranda being absent at

vote.

>>MIKE SUAREZ: Item number 44.

>>GUIDO MANISCALCO: Move the resolution associated with the

ordinance we just read.




>> Second.

>>MIKE SUAREZ: Motion from Mr. Maniscalco.

Second from Mr. Cohen.

All in favor of that motion?

Any opposed?

Thank you.

Okay.

Item number 44.

Is there anyone from staff to talk on item number 44?

I think staff took a vacation today.

Is the petitioner here to speak on item number 44?

Oh, there's Ms. Moreda.

I couldn't see you behind the podium.

>>GLORIA MOREDA: This is a correction on a scrivener's

error, so there is no applicant here.

>>MIKE SUAREZ: We just like to hear from you all.

Okay.

Before we go forward, I want to just say thank you, Mrs.

Battles, for being here today and bringing your fourth grade

class.

Thank you from Roland park.

Thank you, children.

All right.

I wish everybody that came here was this well-behaved.

(Laughter).




>> Including us.

(Laughter).

>>MIKE SUAREZ: Number 44 is a scrivener's error. Is there

anyone in the public to speak to number 44 on the

scrivener's error before we go forward?

I see no one.

Can I get a motion to close?

I have a motion from Mrs. Montelione.

I have a second from Mr. Cohen.

All in favor of that motion indicate by saying aye.

Any opposed?

Mrs. Montelione, will you kindly take number 44?

>>LISA MONTELIONE: I move an ordinance being presented for

second reading and adoption, an ordinance amending ordinance

2016-60 passed and ordained by the City Council of the City

of Tampa on April 25, 2016, which approved a special use

permit small venue, consumption on premises only for beer,

wine and liquor for property located at 410 and 412 South

Howard Avenue correcting a scrivener's error by substituting

a revised exhibit "A" and exhibit "B" for the exhibits that

were supplied in error, providing for severability,

providing an effective date.

>> Second.

>>MIKE SUAREZ: Motion by Mrs. Montelione.

I have a second by Mr. Cohen.




Please record your vote.

>>THE CLERK: Motion carried with Maniscalco being absent at

vote.

>>MIKE SUAREZ: Item number 45.

Staff.

>>GLORIA MOREDA: Site plan has been provided to the city

clerk's office.

We have no objection.

>>MIKE SUAREZ: [Off microphone.]

Thank you.

>> Sam Pollack, 501 East Kennedy.

I am here for any questions and ask that you approve it.

>>MIKE SUAREZ: Is there anyone in the public to speak at

this time for item number 45, AB 2-16-17?

>>CHARLIE MIRANDA: Move to close.

>>MIKE SUAREZ: Motion to close by Mr. Miranda.

Second from Mr. Cohen.

All in favor?

Any opposed?

Mr. Miranda, kindly take item number 45.

>>CHARLIE MIRANDA: Move AB 2-16-17, an ordinance being

presented for second reading and adoption, an ordinance

approving a special use permit S-2 for alcoholic beverage

sales restaurant consumption on premises only and making

lawful the sale of beverage regardless of alcoholic content




beer wine and liquor on that certain lot, plotted or tract

of land located at 2223 Westshore Boulevard, unit B-213

Tampa, Florida as more particularly described in section 2

that all ordinances or parts of ordinances in conflict are

repealed, providing an effective date.

>>MIKE SUAREZ: I have a second from Mr. Cohen.

Please record your vote.

>>THE CLERK: Motion carried with Maniscalco being absent at

vote.

>>MIKE SUAREZ: Item number 46.

He have.

>>GLORIA MOREDA: Land development.

The site plan was revised to reflect hours of operation to

be consistent with chapter 14 and the site plan has been

provided to the city clerk's office.

>>MIKE SUAREZ: Any questions from council?

Petitioner?

>> Michael Horner, North Dale Mabry highway representing

World of Beer.

As Gloria mentioned we did agree chapter 14 the first time

we have agreed to that concession, and our attempt to reach

out to the neighborhood has been successful, we are aware of

no opposition that we are aware of.

>>MIKE SUAREZ: Is there anyone in the public to speak on

item 46, AB 2-16-the 20?




If so please come forward.

>>CHARLIE MIRANDA: Move to close.

>>MIKE SUAREZ: Sir, come on up.

Please state your name and address.

>> Adam Smith.

I want to say that World of Beer have been great neighbors.

There's a lot of bars in my neighborhood which do not behave

well and they are one of the few that do and I save please

do not punish the one bar which the neighbors do like.

You should give them the privilege of having a liquor

license.

>>MIKE SUAREZ: Anyone else in the public that would like to

speak at this time on item number 46, AB 2-16-20?

I see no one.

I have a motion to close from Mr. Miranda.

Second from Mr. Cohen.

All in favor of that motion please indicate by saying aye.

Any opposed?

Mr. Reddick, will you kindly take item number 46?

>>FRANK REDDICK: Move an ordinance being presented for

second reading and adoption, an ordinance approving a

special use permit S-2 for alcoholic beverage sales,

bar/lounge, consumption on premises only, and making lawful

the sale of beverages regardless of alcoholic content, beer,

wine, liquor, on that certain lot, plot or tract of land




located at 402 South Howard Avenue, Tampa, Florida as more

particularly described in section 2, that all ordinances or

parts of ordinances in conflict are repealed providing an

effective date.

>>MIKE SUAREZ: I have a motion by Mr. Reddick.

I have a second from Mr. Maniscalco.

All in favor of that motion please record your vote.

>>THE CLERK: Motion carried with Cohen voting no.

>>MIKE SUAREZ: Item number 47.

>>GLORIA MOREDA: Land development.

The site plan was revised and provided tote city clerk's

office as directed by council.

I wanted to bring to council's attention I did receive a

letter of opposition as it relates to the package sales

request for this application.

It was submitted by Dan pepper, president of Davis Island

Civic Association.

Staff has no other comments.

>>MIKE SUAREZ: Mr. Shelby, I think we will file that.

Petitioner.

>> Todd Pressman, East Lake Road, Palm Harbor, Florida. We

appreciate your time today.

I'm here with John Hart, a 12 year exemplary history in this

area, Davis Island, operating two different locations.

The main part of this request is that he's expanding into




one of the additional units from where he is now.

The police you have is exemplary as well.

One small part of what he's requesting is to allow for a

very small part of off premises which would be a cooler and

that is the only element that raised a question or two from

the public.

But I think it's probably mostly misunderstood in people

thinking it's going to be a large package store which is not

going to be the case.

John has operated a business which is classified

specifically as a restaurant, and restaurant sales, and

again this is just an expansion of where he's been the last

four years.

He's operated across the street for seven years.

So ten years really just to match what else is occurring on

Davis Island in the immediate area.

Across the street his competition has the same uses and he's

seeking again strictly just to stay at the same par with his

competition.

>>MIKE SUAREZ: Any questions from council of petitioner?

Is there anyone in the public that would like to speak at

this time on item number 47, AB 2-16-21?

>> Beg your pardon.

John does have a petition, 100 names including many that are

abutting and actually a few that are rebutting and close by,




and we submitted those into the record to you.

>>MIKE SUAREZ: Terrific.

Anyone in the public like to speak at this time, please come

forward.

Just state your name for the record.

>> Yes.

My name is Lorraine Smith, it's been quite a while since I

have been in front of the council members.

Just bear with me for a moment.

Getting up early in the morning.

Today, I am here to object, or we are here to object to this

file AB 2-16-21, which is in its second hearing.

I believe each of you received a letter from the Davis

Island Civic Association dated September 7th in which if

boards of the association unanimously resolved to oppose AB

2-16-21.

Our community does not want to be seen as a high night life

area.

We are a family oriented village type community.

Your role is to make wise choices for the city.

Our role is to build community.

Do not pass this resolution.

This does nothing for a family-oriented neighborhood.

A liquor store is the last thing that our neighborhood

needs.




We already have ample wine, beer and liquor available,

7-Eleven, handy, a restaurant, Margaritas, 220 avenues

Davis, the island club, Walgreen's, off the island, and ABC

liquor are all nearby.

We know tomorrow matters.

We have worked closely with the City of Tampa since the year

2001 when we created a neighborhood profile.

John Dingfelder was on the council at that time.

Charlie Miranda also was here.

We say no to open carry liquor until 3 a.m. on the island,

and no to a liquor store at 233-235 East Davis Boulevard.

Our vision for the future does not include a liquor store on

the island.

Community staff, when citizens, business and governments

work together.

Vote no on AB 2-16-21.

>>MIKE SUAREZ: Thank you, ma'am.

Anyone else in the public that would like to speak on this

item, item number 47?

Sir?

>> Good morning.

My name is Steve Henderson.

My wife Lori appears and I live at 242 Columbia drive on

Davis Island.

Davis Island is a wonderful place to live.




We hope that's our last address.

We hope it's our dress for another 50 or 60 years.

And our home is a town home in a building that has eight

units on your site plan, and documentation number 2, and you

can see from that documentation that our home shares an

alley with all the businesses north on the east side of

Davis Boulevard.

Retail shops, restaurants, and of course the business at 235

and 233 East Davis Boulevard.

They are all great neighbors.

And one of the reasons we love living on Davis Island so

much, and particularly in that neighborhood, is because of

the vitality of that neighborhood.

I think the village itself and the mixed use of that area

for retail, restaurant, and homes is the kind of place that

a lot of places around the country are trying to be achieve.

In fact, what the City of Tampa vision is.

And I fully support that kind of vision.

I don't have any objection to the approval of special

permit, and in fact I support it, because we would be the

most directly impacted people if there were any negative

consequences or any negative impact of your approving a

special use permit, because our garage and our home

overlooks that building.

There won't be any.




More importantly, I think by expanding the business that

will promote the growth of that business, and also continued

vitality of that entire village and the businesses in that

village.

So I hope you will approve as you did in your first hearing

that special use permit.

>>MIKE SUAREZ: Thank you, sir.

Anyone else from the public like to speak at this time on

number 47?

Ma'am, please come forward.

>> My name is Lorraine Horino.

I lived on Davis Island since 1977.

I agree with the comments of Lorraine Smith.

This is not something we need on Davis Island.

We have enough beer wine and liquor sales on Davis Island.

I watch the local news on a daily basis.

I read the newspaper.

I am kind of tired of hearing about shootings that go on at

clubs that are open till 3:00 in the morning.

This kind of package liquor sale attracts an element that we

don't want to attract to Davis Island.

It may attract violence, especially in light of the gun

laws, everybody can carry a gun, and Davis Island is a

family oriented area.

We have a lot of teenagers, young children, just presents an




element of temptation and just a bad atmosphere that we

don't need.

We have a bar, we have a pub, we have restaurants, all of

these carrying liquor.

I don't nobody what it's called now, the place on the corner

across the street that sales beer, wine and liquor.

This is something that I think the City Council should take

into account the wishes of the people who have lived on

Davis Island for a long time, and we want to preserve our

way of life there.

And I don't think we should be attracting people to Davis

Island at two or three in the morning to buy liquor and

maybe cause problems.

>>MIKE SUAREZ: Thank you.

Is there anyone else in the public that would like to speak

at this time on item 47, AB 2-16-21?

Okay.

Petitioner, I think that we have a question from council

member Mrs. Capin.

>>YVONNE CAPIN: I would like to know -- thank you -- this

is an existing business?

>> That's correct.

>>YVONNE CAPIN: These are the hours that this business is

open now? The hours they keep now, the ones that are here?

>> The 3 a.m., this would be an extension to 3 a.m.




>>YVONNE CAPIN: I thought so.

>> As are all of his competition.

The difficulty for John is --

>>YVONNE CAPIN: You know what?

When I see 11 a.m. till 3 a.m. and then 11 a.m. till 3 a.m.,

I look at it, and we have the city's hours that we allow,

which is 7 a.m. to 3 a.m.

And the difference is that when you do go with the hours

that the city permits, which is 7 a.m. to 3 a.m., you can

open at any time.

But the difference is that should in the future our council,

administration, decide to change those hours, they would

have been to be changed.

If we allow 11 a.m. to 3 a.m., that is not part of it.

And I cannot in good conscience vote for these hours that

are expanded without the addition of a safety net for the

neighborhood.

And all the City of Tampa.

So with that, I thought this was an expansion of hours.

I thought it the first time. Anyway, that's it for my

questions.

>>MIKE SUAREZ: Any other questions from council at this

time?

I have a question, Mr. Pressman, if I could.

A couple questions.




One, this is -- it's in terms of the time frame and the

package sales in addition to what is already there.

It is a restaurant.

It is a restaurant in --

>> The kitchen is open all hours that the business is open,

yes, sir.

>>MIKE SUAREZ: What do the sales look like?

This operation has been on Davis Island for how long?

>> Four years.

Seven years across the street.

>>MIKE SUAREZ: Do you know what the sales look like in

terms of restaurant versus liquor?

I mean, if you don't mind answering that question.

>> It's about 65-35.

>> State your name.

>> John Harstrite.

>>MIKE SUAREZ: This is a small venue.

You do not fall under our code concerning having to have the

audit provided to show that there is -- a certain amount of

food that's served, you know, because you are part of a

small venue if I am not mistaken on the use.

This is not a question for you. This is actually something

very specific.

You are changing the designation from restaurant to small

venue.




If I am not mistaken, the small venue is not required to

provide that information to the city.

Correct me if I am wrong.

>> Crystal Moore, legal department.

You are correct.

There is no audit for a small venue.

They wouldn't have to prove alcohol sales.

>>MIKE SUAREZ: Thank you.

That's what I was getting at.

Mr. Pressman, did you meet with the Davis Island homeowners

association prior to this discussion?

>> Well, the answer is yes.

Let me answer it specifically.

A letter from the Civic Association is only in regards to

the offpremises.

The letter before you is not objecting to the other sales.

>>MIKE SUAREZ: Right.

>> John, I did touch base with one of the gentlemen that's

involved with the association.

When we first started this, to reach out.

The gentleman told us there would be no problems.

They were okay with it.

So we were very surprised in the last few days to get the

letter.

John made contact back with the association.




Evidently they had some sort of meeting at a different

location.

So John really didn't have chance to speak with them and

make sure they understood.

So yes, we did make the effort.

The original indication was yes, it would be okay, then the

letter came up just on the off premises.

>>YVONNE CAPIN: I'm sorry, I did not specify that it is

chapter 14; that the city has this ordinance.

Other.

>> What I would like to do at this point, I would like to

ask for a continuance because I do think that the Civic

Association did not understand the issue.

We met with some residents.

We would like to meet with the residents who have concerns

here today.

I think it would only be fair to John has made the effort

with the association, positively at the beginning, would

like to have a chance to meet with them, and we believe we

can come back, and it would be positive.

And be able to work with them.

>>MIKE SUAREZ: Okay.

We have an ask for a couldn't answer.

What date looks good to you, Mr. Pressman?

Either October 20th might be a good time frame.




Or November 3rd depending on where we are at.

October 6th might be a little bit full at this time.

I'm not sure.

>> Did you say October 6th?

>> Yes, October 6th is available, I believe.

Clerk, are we filled up yet on second readings?

>>THE CLERK: Not yet.

>>MIKE SUAREZ: Not yet.

Okay.

>> October 6th would be good.

>> Move to continue to October 6th at 9:30 a.m.

>> Second.

>>MIKE SUAREZ: We have a motion to continue from Mrs.

Montelione, a second from Mrs. Capin.

All in favor of that motion please indicate by saying aye.

Any opposed?

>> Thank you, Mr. Chairman.

>>MIKE SUAREZ: Thank you.

We go on to item number 48.

Staff.

>>GLORIA MOREDA: Land development.

The site plan has been revised as directed by City Council

and provided to the city clerk's office.

>>MIKE SUAREZ: Petitioner?

>>JOHN GRANDOFF: Swat 3700 Bank of America Plaza.




I'm representing LLC.

The applicant in this application.

We have added all the requirements of the site plan.

The wall, fence on the east side of the property.

I respectfully request your second reading this morning.

>>MIKE SUAREZ: Thank you.

Any questions from council on this item at this time?

Is there anyone in the public to to speak on item 48, REZ

16-50?

>>CHARLIE MIRANDA: Move to close.

>>MIKE SUAREZ: Motion to close from Mr. Miranda.

I have a second from Mr. Maniscalco.

All in favor of that motion?

Any opposed?

Mrs. Capin, will you kindly take item number 48?

>>YVONNE CAPIN: An ordinance being presented for second

reading and adoption, an ordinance rezoning property in the

general vicinity of 91 Davis Boulevard in the city of Tampa,

Florida and more particularly described in section 1 from

zoning district classifications RM-24 residential

multifamily to PD planned development, residential,

multifamily, providing an effective date.

And you stated that including the amended inclusion.

It's there.

It's already there.




Okay.

That's it.

>>MIKE SUAREZ: Motion from Mrs. Capin, second from Mr.

Cohen.

Please roared your vote.

>>THE CLERK: [Off microphone.]

>>MIKE SUAREZ: Thank you.

Item number 49.

Staff?

>>GLORIA MOREDA: Land development.

It's my understanding that the applicant is requesting a

continuance to the October 6th City Council meeting.

>> Good morning.

Thank you.

We are requesting another continuance.

The good news is the reason why we are continuing originally

to work out with staff and that's been resolved.

The reason why we are requesting a second continuance is

because the seller and owner are still apparently in

negotiations.

I'll see knew two weeks.

>>MIKE SUAREZ: Hopefully.

We haven't voted on it yet.

Anything else, ma'am?

Is there anyone in the public that would like to speak at




this time on the continuance only on item number 49, REZ

16-51?

>> Move to continue.

>> Second.

>>MIKE SUAREZ: We have a motion from Mrs. Montelione, a

second from Mr. Cohen.

All in favor of that motion?

Any opposed?

Thank you.

All right.

Item number 50.

>>BARBARA LYNCH: Land development.

I'm here to answer any questions you may have.

>>MIKE SUAREZ: Any questions by council at this time?

Petitioner?

>> I live at 117 Lake Shore road.

I'm here to answer any questions you may have.

Thank you.

>>MIKE SUAREZ: Any questions from council?

Petitioner?

Is there anyone in the public that would like to speak on

item number 50, VAC 16-17?

I have a motion to close from Mr. Miranda.

I have a second from Mrs. Montelione.

All in favor of that motion?




Oh, excuse me.

All in -- I guess it is all in favor of that one.

I don't see it.

>> One moment.

>>BARBARA LYNCH: It's actually the petitioner on the next.

John Grandoff is here for 17.

>> We voted on the motion to close.

We need to reopen it.

We should reopen it just in case.

We have a motion to reopen by Mrs. Montelione and a second

from Mr. Cohen.

All in favor of that motion?

Any opposed?

Mr. Grandoff, do you have any comments or questions?

>>JOHN GRANDOFF: Is there a particular question?

>>MIKE SUAREZ: Any questions?

>>JOHN GRANDOFF: This alley was platted in the old John

drew subdivision of West Tampa, has never been improved.

This is between MacDill and I believe Gomez.

Many of the homes and garages encroach on the alley.

If you look at the alley, you wouldn't even know it was

there.

So it's never been improved.

Ten feet wide.

Title will go to all of the property owners within the




block.

And I have received no objections to the application.

In fact, I received two phone calls from folks that were

very much in support of it because they would receive title

to about five feet of property.

>>MIKE SUAREZ: Any other questions by council?

Again, anyone in the public that would liking to speak on

this item, number 50, VAC-16-17?

I have a motion to close by Mr. Miranda.

Second by Mrs. Montelione.

All in favor?

Any opposed?

Mr. Cohen, will you kindly take item number 50?

>>HARRY COHEN: I move an ordinance being presented for

second reading and adoption, an ordinance vacating, closing,

discontinuing, abandoning an alleyway north of Eileen street

north of Cordelia street, east of MacDill Roosevelt

Avenue and west of Gomez Avenue in John H. drew's

subdivision, a subdivision in the City of Tampa,

Hillsborough County Florida the same being more fully

described in section 1 hereof subject to certain easement

reservations, covenants, conditions and restrictions more

particularly set forth herein providing an effective date.

>>MIKE SUAREZ: I have a second by Mrs. Montelione.

Please record your vote.




>>THE CLERK: [Off microphone.]

>> My address is suite 3700 Bank of America plaza. Sorry I

was out of chambers at the time.

>> VA 16-18.

No problems.

And if you have questions I'm here.

And petitioner is here.

>>MIKE SUAREZ: Petitioner?

>> Good morning again.

Vivian, 7717 Lake Shore road.

If you have any questions I'm here.

Thank you.

>>CHARLIE MIRANDA: I don't have a question.

I just want to make a statement to ourselves.

This is about the third or fourth one in West Tampa

recently.

And I know that from what I understand, code enforcement is

doing an intensive search of West Tampa, because of the

buildings.

Not in this case.

I am not talking about your case at all.

But I want to make sure that we are not closing alleys so

people can say I need this.

The clarification of the law now that you didn't when you

built an apartment or whatever else is there.




That's all I'm saying.

>>MIKE SUAREZ: But there's no indication on this particular

case.

>>CHARLIE MIRANDA: No.

>>MIKE SUAREZ: Is there anyone in the public that would

like to speak on item number 51, VAC-16-18?

If so please come forward.

I see no one.

I have a motion to close from Mr. Cohen.

I have a second from Mr. Miranda.

All in favor of that motion please indicate by saying aye.

Any opposed?

Mrs. Montelione, will you kindly take item number 51?

>>LISA MONTELIONE:

>> I move an ordinance being presented for second reading

and adoption, an ordinance being presented for second

reading and adoption, an ordinance vacating, closing,

discontinuing, and abandoning alleyway lying south of Dewey

street north of ABDELLA street east of Gomez Avenue and west

of Habana Avenue, in John H. drew's subdivision of northwest

Tampa, a subdivision in the City of Tampa, Hillsborough

County Florida the same being more fully described in

section 1 here subject to certain easement reservations

covenants and conditions restrictions and more particularly

set forth herein providing an effective date.




>>MIKE SUAREZ: Second by Mr. Miranda.

Please record your vote.

>> Motion carried unanimously.

>>MIKE SUAREZ: Thank you.

We cannot open up or 10:30 hearings.

Item number 52.

To go to the withdrawn petition.

But we can go to the item number 3, which we removed as part

of our staff reports.

Item number 3.

If I can have staff come forward.

>>JULIA MANDELL: City attorney.

You have before you item number 3, an extension of a

contract which currently exists between City of Tampa and

ATS to provide services related to red light cameras.

This would be the second -- if approved this would be the

second extension under the original RFP for the red light

camera program.

This agreement would be the extension which would take the

red light camera contract that you currently have in

existence to October of 2018, October 31 of 2018.

The second relates to the indemnification provisions within

the original contract as I'm sure many of you have read, and

subsequent to many in the State of Florida underlying a red

light camera program, there has been extensive levels of




litigation which were not anticipated at the time that

jurisdictions entered into their contracts.

Therefore what we have done given the number of cases that

have been out there, we have asked for ATS to provide for

some additional indemnification provision which would

further protect the City of Tampa in the case of new

litigation moving forward.

And that is litigation potentially in the state courts,

within our local jurisdiction, or within the federal courts.

And if you have any additional questions on the litigation

we can get into that later in our discussion.

The third part relates to the costs which are associated

with each camera, all of the cameras we have, and the

original contract had appeared under which we paid ATS for

the use of the cameras, although it was actually taken out

of the money which was received by the city related to each

of the red light camera violations.

There was a tiered system that in essence had each of the

cameras costing a different amount from 4400 down to 4100.

The amount of all of those cameras which were approximately

31 cameras has now under this amendment been reduced to 4050

per camera per month, with the remaining cameras staying at

the 3750 amount per month.

So, therefore, there would be a net reduction in the costs

associated with red light camera program of what we are




estimating at this time to be $75,000 per year related to

the program.

Those are really the three changes that we are making as

part of this amendment.

It is up to you to determine whether or not you want to

approve the amendment, in the event you choose not to

approve the amendment, then we would be placed in the

decision of terminating the existing contract and moving

forward with the termination within the existing contract.

I'm available for questions.

But I also have Smalley here who is available for questions

related to the program, or any of the work that TPD does as

it relates to the program.

In addition, I have brought Robin silverman with me, an

assistant city attorney in my office, who has been one of

the attorneys in my office handling the variety of different

litigations which is outstanding, much of which for the

city's purposes have been stayed While we wait for other

cases to occur, and can answer any questions as relates to

any of the pending litigation.

Markey Hamilton of my office is also here.

She is the attorney honor handles purchasing items and

handles the contract drafting.

I'm available also for any questions.

>>MIKE SUAREZ: Any questions by council?




Mr. Reddick.

>>FRANK REDDICK: I pulled. This I want to say why I pulled

this.

Mrs. Mandell, we had discussion, and I don't know if you got

all the answers that I laid out to you in our discussion.

But let me start off with the first one.

And that's the number of employees that are working on the

red light cameras from your department and the number of man

hours that these individuals are put in.

>> Silverman can answer those questions with the legal

department's perspective.

We don't do camera time sheets so we don't have anyway to

quantify, but you can quantify the amount of hours she has

spent as well as other attorneys in the office have spent on

this matter, and corporal smiley can provide you with

information of the amount of man hours that TPD has in this.

Something I did neglect to mention is I understand the

representatives of the ATS are also here.

So if you have any questions for them, they should be

available to answer any questions.

>>FRANK REDDICK: All right, that's fine.

But the next question, questions after speaking with the

chief yesterday, so I hope he passes that on to find that

information.

So I will listen to your staff first.




>> Good morning.

>> ROBIN HORTON SILVERMAN: Legal.

There is a question raised as to the amount.

I cannot say.

There are also additional litigators associated with that as

well and I cannot quantify that at this time.

>>FRANK REDDICK: Okay.

Let me hear from the corporal.

>>JULIA MANDELL: While Robin has taken on the bulk of the

red light litigation in my office, there are other attorneys

who have been involved in various ways.

We have our municipal prosecutor who says it's necessary to

handle some of the cases that are in traffic court.

There's not that many of them over in traffic court but he

has spent some level of time probably in the nature of 40 to

50 hours over maybe a three or four-month time.

Jerry core I ask head of our litigation, he's not currently

spending any time on it but during the period of time that

time was being spent on those, he probably spent 3 to 400

hours of his time over several months.

We don't really keep our time in that way so it's hard for

us to quantify how many hours are being spent.

>>FRANK REDDICK: Could you answer this question on the

related nonvendor costs that might have been paid by the

city?




>> I'm sorry?

>>FRANK REDDICK: Could you speak to nonvendor related

costs?

>>JULIA MANDELL: I can only say are from my office how much

how much time that we have spent.

>>FRANK REDDICK: I'm talking dollar amounts.

>>JULIA MANDELL: Dollar amounts?

It's hard to quantify that when you have an in-house legal

department in that way.

It's not like we are paid an hourly rate.

I can't quantify it that way.

Everybody is on salary so their time is spent either doing

one case or another so it's difficult for me to quantify it.

Has there been a cost?

My office associated with this?

I would say there is a cost associated with it in terms of

taking attorneys from one item to another item.

But in this instance, with the red light camera program, we

have not hired any outside council.

So there hasn't been additional costs over and above our

budget.

But I would say there is some kind of soft cost.

But it's really difficult for us to quantify that over other

cases.

>>FRANK REDDICK: The corporal, and then I have one other




question.

And my question is to the amount of man hours that have been

designated by TPD.

>> Are you looking for a fiscal year or calendar year,

monthly?

>>FRANK REDDICK: Just give me if you have it for the last,

let's say, last couple of years.

>> The last fiscal year, 2015, so last year, for the fiscal

year, we have used 3,314 hours in this, but that does not

include my administrative time and our court time.

We have three that we work out of.

For the calendar year 2015 we used 18257 hours.

>>FRANK REDDICK: And these hours are designated towards

what?

>> This is to review the actual violations, determine

whether or not an actual violation has occurred, and

actually assess the violation and send the notice out to the

violator.

>>FRANK REDDICK: When you said 3,000, I believe 125 man

hours, are these officers assigned to another task?

>> These are officers that are assigned to the marine unit,

the aviation unit, the traffic unit, and DUI unit.

What they do in their off time, inclimate weather where the

unit can't take off, they will work on their computer and

work the system so it can be from an hour a day to a couple




of hours a day based on the work availability.

>>FRANK REDDICK: Do you have the dollars and the costs,

dollar amount that might be --

>> I did not figure in cost amount because of the range of

the salary between the individual officers that actually

work within the system.

That would take a great deal more time to put together.

>>FRANK REDDICK: Could you estimate a high range, medium

range, low range?

>> It really depends on the salary, sir.

I would hate to give you an answer as far as the dollar

amounts, without going into specifics.

>>FRANK REDDICK: Let me phrase it this way.

If you have a marine officer who has 15, 20, 18 years on the

force, and this person, marine Coast Guard, whatever you

call that, marine officer, if you take that person off that

shift, and has this person doing these red light cameras

review, then most likely that person in the system for quite

a few years that person is making a decent higher salary,

correct?

>> Correct, sir.

>>FRANK REDDICK: And so I know you haven't calculated any

costs, but it would seem to me if you are putting in 3,125

hours, that is paying somebody a person, and you are taking

these officers off the beat, it would say to me that there's




a substantial amount of dollars that are invested and

utilized by the officers who are in these positions for the

red light camera program.

>> As far as pulling them off of their assignments, usually

it's an hour a day which encompasses their administrative

duties, or part of their morning, or during inclimate

weather when otherwise they can't be out, take for instance

the hurricane.

Marine unit does not actually go out on a boat during that.

They'll sit in the office and wait for the response or

respond to flooding.

During that time that they are down, that's when they are in

the system.

>>FRANK REDDICK: Thank you.

And Mrs. Mandell, let me ask you this question.

Thank you, corporal.

You stated about the $75,000 that the vendors are increasing

to the city.

And what it reminds me of is the perception that I have

generated as of now.

And this experience comes as I share with you, and probably

share with some of our councilmen, my belief one time was

kind of favorable in dealing with the red light cameras.

But what I experienced a month, month and a half ago when I

was ticketed and got that ticket in the mail about something




that I truly thought was unnecessary and truly false in what

I received, and basically as strong as I can be, I was

determined that this is becoming more of a fraud than

anything else, a cash cow for the vendor and a cash cow for

the city because you are talking about $75,000 that you are

reading, and the perception is, this is not about public

safety.

Because when I look at some of these data -- and I'm glad

somebody presented it to me about the people who go to the

hearing -- and I'm looking at the number of tickets being --

and you look at in 2015, January, over 2,000 citations at

issue,

And this record what I am reading, if this is correct what I

am reading,

And having to pay $158 that I paid because did not want to

challenge it in court because of the negative publicity I

would probably receive from it, you know, it may mean that

$158 is wasted.

And if I challenge in court, I probably would have won it.

And now I'm hearing that prepping this contract up, get

75,000 more dollars.

That's where the perception comes in from what the people

are thinking about this program.

This is a cash cow for the city.

It's a cash cow for the vendor, because when I see when the




tickets are down and still paying the vendor more money than

what the city is generating, it seems like they are trying

to $75,000 -- and let's move on.

I'm not happy.

I'm not happy before my ticket.

I'm not happy about how the system is set up.

And I'm very sad to hear that we have almost been bribed by

saying $75,000 that we are supposed to be happy.

And I think it's time that we follow the lead as other

cities have done and not renew this contract, and that these

red light cameras need to go back with those vendors when

they leave town today, pack them up and ship them back with

them, because this is devastating on the people.

And when I look at these numbers, this data sheet here, it's

very discouraging, and the number of people, just to read

this.

And then to hear about the law enforce and the time they are

spending when they are supposed to be out with a

responsibility as law enforcement, and they have to spend

their valuable time reviewing and monitoring as part of the

red light camera program, and we don't have no dollar cost

that we can associate with that today.

You have not calculation pertaining to or office.

And it's just so many unanswered questions.

I think it's time, Mr. Chairman, thank you for allowing me




to spend this time talking about this, but it's a lot of

people out there cannot afford to pay these tickets, and if

they challenge it at the hearing, they lose out, they pay

additional costs, if they go to court, they lose, they pay

additional costs, but the people who are -- it's the vendor

organization sitting outside the State of Florida that is

looking good, because they are the ones getting all the

money.

And our poor citizens that we represent are the ones

suffering.

So whether the motion passes or fails, I am going to make

the motion to terminate this contract after everyone is done

talking.

>>MIKE SUAREZ: Anyone else at this time? I assume you are

done, sir?

>>FRANK REDDICK: Yes, sir.

>>MIKE SUAREZ: Any other council members have any comments

or questions?

Mr. Maniscalco.

>>GUIDO MANISCALCO: I wasn't here on council yet when this

original contract was put into place.

But before getting elected and arriving here, I have always

been, I won't say, critical of this of the red light

cameras, but I have always thought in my personal opinion,

and just my opinion, that it makes drivers more paranoid.




I'm a good driver.

But with the red light cameras I'm extremely careful that I

take that right hand turn too quickly, was I going 12 miles

per hour, was I going 9 miles per hour?

Am I expecting a citation in the mail?

But that's beside the point.

I think of points that Councilman Reddick brought up, what

is it, $158 fine?

That's a lot of money for hard working people that are on

minimum wage that are working multiple jobs, single parents

trying to raise their kids.

$158 will set them back, whether they win or lose in court

if they challenge it.

But that's almost a paycheck to these people.

So I have to take that into consideration.

Is this really a public safety?

Is it really reducing crashes?

Is it really making things better?

Or is it just another funding source for government?

I have never been a fan of this.

I am not going to support this.

Today.

I never have been supportive of it.

But I just don't see the true benefit of it and having to

move forward and keeping this.




Thank you.

>>MIKE SUAREZ: Any other questions or comments from council

at this time?

They are very quiet.

Mrs. Montelione?

>>LISA MONTELIONE: Thank you.

I have been supportive of the cameras in the past.

And looking over the research, it's been around now a while,

and of at the MPO -- and I don't know if the other

members -- I'm not sure -- I don't think Councilman

Maniscalco was there yet.

I think Mr. Suarez was there.

We had a presentation from an expert in the field of

pedestrian and bicycle safety.

And she works nationally on a national basis.

And one of her strategies that she cited for pedestrian and

bicycle safety was the use of red light cameras.

And it's precisely, I think, because people are paranoid.

You are driving more carefully.

And are more aware of how far you are from the stop line

when the light is yellow, and prepared to stop when it turns

red.

I continue to see just anecdotically, I continue to see

flagrant, you know, red light running.

But that's anecdotally.




That's not looking at it from the studies.

And reading the studies -- and I have read a couple -- they

are conflicting.

So one will say that the red light cameras are supporting

the safety argument, and another will say that it doesn't.

So it's really hard to sift through all of the statistical

analysis and come to this with an unbiased opinion.

Because the bias comes in with your personal experience, I

believe.

When you have got two reputable studies in front of you and

they say opposite things.

So a while back when we discussed this, we had TPD, and I

would assume that's why you are here this morning, come and

talk to us about the red light cameras.

And I wanted to follow up on some of what Councilman Reddick

brought up, and that is the cost.

So we have officers who are reviewing each time a citation

is flagged, or a camera record violations of red light

running, and a human person ultimately makes the decision.

>> A law enforcement officer.

>>LISA MONTELIONE: Yes.

They are human people.

>> Yes, ma'am.

Part of that has to be a law enforcement officer that

reviews and issues the notice of violation.




A human.

>>LISA MONTELIONE: And Mr. Reddick asked a questions to try

to get at how much that cost is.

Now, I would also presume -- there's been a lot written

about, you know, it's better to have an officer at the

intersection, and if you have, you know, an officer at the

intersection, I can't imagine what the cost would be for an

officer or a series of officers to be posted at each of the

intersections where these cameras exist 24 hours a day,

seven days a week.

>> The cost would be outrageous.

>>LISA MONTELIONE: Exactly.

>> Yes, ma'am.

>>LISA MONTELIONE: So I am not sure we are comparing apples

to ales when you are looking at the cost of having a piece

of technology and then someone reviewing it, or you have an

actual police officer on the site doing the job that this

piece of technology is doing, and in a lot of our lives, it

is a fact of life that technology has replaced a lot of

individuals and taken some jobs away because of the

efficiency.

When I walk into, you know, a grocery store, and there's a

choice between going to the aisle that has the automated

checkout system or a person behind the cash register, I go

to the person behind the cash register, because I know that




in some cases technology is taking jobs from individuals.

But in the case of our law enforcement officers, those

officers could be redeployed, not baby-sitting at an

intersection, and deployed to fighting crime, or making

better use of their time.

So I'm not sure the cost as far as officers' time is how

this should be decided upon, just in my opinion, because I

don't think we are talking about the same dollars.

Looking at what we have experienced in the City of Tampa, I

read one study done by USF -- Go Bulls -- so they talked a

lot about Temple Terrace.

And it may be because of the proximity to Temple Terrace to

the University of South Florida, so it was very easy for

them to study that area of the

What have we experienced in the City of Tampa?

>> With regards to what?

>>LISA MONTELIONE: Fatalities gone up?

I mean, my concern, and my primary concern, always, number

one, is keeping people alive.

And bicycle and pedestrian safety is my issue.

And I have seen more than my share on Busch Boulevard and

Nebraska Avenue of crashes, some with fatalities and some

with debilitating injuries, and it goes to how many times I

drive through that intersection, of course.

So what have we seen in relation to fatalities, injuries,




crashes, at these intersections?

>> I can't specifically answer that as far as the number of

fatalities have gone up, the number of crashes have gone up

or down at specific intersections.

I don't keep the crash statistics.

I manage the red light camera portion of it where the

officers actually review and we have to look to the traffic

unit and statistical persons that actually pull that data.

I don't do that.

I can say the cameras regardless of whether they are there

or not -- and I have video proof to show that sent to me as

well ---crashes still occur, fatalities still occur in those

intersections even with the camera there.

So there could be a number of reasons.

Do I think it's a safe program?

I think the program is safe and I think it improves the

safety as far as being aware of approaching the

intersection.

So I review hundreds of videos a day, thousands of videos a

week.

It all depends on how you look at it.

>>LISA MONTELIONE: Do we have anyone here that can speak

to --

>> Crash statistics?

No.




Not on crash statistics.

>>LISA MONTELIONE: I thought I had asked for someone to be

here to discuss that.

Ms. Mandell?

>>JULIA MANDELL: I didn't know that was something

specifically we needed to have presented today, and if we

need to do that we'll go ahead and continue the item.

But TPD has come forward on many occasions and discussed

that item with City Council.

But we could also pull the -- we have the crash data report

previously submitted to City Council.

But if you want to ask questions about it then I would

recommend we go ahead and continue the item so we can have

that conversation.

But I know that we have been having that as an ongoing

discussion point with council.

>>LISA MONTELIONE: Okay.

When I asked that question -- I'm sorry, I don't know the

gentleman's name.

Sir, you said that you had knowledge?

You have to come to the podium.

>>MIKE SUAREZ: Mrs. Montelione, here is the problem with

bringing someone when we have already done public comment to

come forward.

He is not an expert on this.




We are trying to get information regarding the contract.

>>LISA MONTELIONE: Then I would suggest --

>>MIKE SUAREZ: A continuance?

>>LISA MONTELIONE: My aide did call around to ask someone

to talk about this issue specifically.

So if there's no bun here, my preference would be to

continue the item.

Because those are issues I want.

>>MIKE SUAREZ: If you want to continue the item because the

information you want in order to get to the bottom of this,

as part of council, we will have been a discussion

concerning that before we go forward so that we understand

where we are going to stand.

Mrs. Capin.

>>YVONNE CAPIN: Point of order.

We can ask anyone here any question at any time.

>>MIKE SUAREZ: I understand that.

>>YVONNE CAPIN: So not that her asking that question is out

of order.

>>MIKE SUAREZ: Mrs. Capin?

>>YVONNE CAPIN: Yes.

>>MIKE SUAREZ: If you are saying I'm out of order doesn't

make it out of order.

But if you want to, I will ask the council if they want to

have him speak before us.




That's up to, I believe, Mr. Shelby?

Mr. Shelby?

She has made a comment that I am out of order for making

that statement.

Now, based on our rules of procedure, going forward, is that

true based on what she just said?

>>MARTIN SHELBY: Rule 4-K states as follows.

The chair shall decide all questions of procedure in order

and the decision shall stand unless reversed by a majority

vote of the entire council.

>>MIKE SUAREZ: Thank you.

And Mrs. Capin, before you say anything else, I just want to

point out that making a statement saying that I am out of

order when in fact I am not, I just want to make sure that

you understand that I made a statement that was not out of

order.

If you want to make a motion to allow that to go forward, we

will.

Procedurally I did not do anything wrong.

So if council would like to hear from someone other than the

people that are here to talk about the contract per our

rules, it is the pleasure of council to do so, they can.

So I just want to point out that I did not do anything out

of order or procedurally --

>>YVONNE CAPIN: I heard.




>>MIKE SUAREZ: I just want to make sure you understand.

>>YVONNE CAPIN: Fine.

In our procedure, we have always asked questions and called

people up even after they spoke.

So I want to clarify that, because it has happened.

We have done it.

And today, it's something that we have to vote on.

I need to know -- clarify that.

>>MARTIN SHELBY: Normally, in the process, it is usually

done in quasi-judicial matters in the course of you

obtaining evidence.

You have done that in the past.

With regard to workshops, your workshop actually has a

specific rule about it that says any member of City Council

may ask questions of any person present during the workshop.

That's specifically for workshops.

In this case, council, under your rules, as I have stated to

the chairman, if you disagree with his holding, you have the

opportunity to make a motion, and it's up to the decision of

council to be able -- what direction it wishes to take.

>>YVONNE CAPIN: Okay.

So we have been procedurally just doing -- because it has

happened many, many, many times.

And so I will make that motion.

And, you know, as council we need to look at that procedure.




>>FRANK REDDICK: And I second your motion, because Mr.

Suarez, if they have where knowledge about red light cameras

in the State of Florida, you want the best in the state,

and -- and you have to read some of his research that he has

done.

And I would recognize him as an expert because that's what

he's specializing in red light cameras in the State of

Florida.

>>MIKE SUAREZ: We have a motion on the floor from Mrs.

Capin.

We have a second from Mr. Reddick.

And we have discussion on it.

Sir.

>>CHARLIE MIRANDA: Thank you, chairman.

I'm appalled that the same person, council members, the same

person in the audience could be asked a question on a

workshop but not at a council meeting.

What in the world is the difference?

I have always thought rule or not a rule, that any council

member for the information of that particular council, one

of the seven, could ask a question of somebody who has

spoken before, for that council member's information to make

an intellectual decision on the basis of what that

discussion was about.

Not to allow a council member -- and I'm not questioning the




debate on who is right or who is wrong that to me doesn't

make a difference.

No council member should be muted from asking a question of

anyone of the audience for the betterment of that council

member to make a decision on whether that is correct or

incorrect in that council member's mind, in which way he or

she shall vote.

I don't see why there's a difference between a workshop and

a council member at any time.

You speak for three minutes.

That's it.

I understand that.

But then if I or anyone else says, you know what?

I didn't -- can I ask you a question?

That should never be Matted.

This is still a democratic society.

It's getting to the point where we have too many damn rules

and not enough common sense.

I don't know if this gentleman is an expert.

Don't care to know.

But the facts of the matter is we should realize what the

real costs are and what are we doing?

It's not about whether you approve of the cameras or not.

To get all the information of both whether you approve the

cameras or not.




And we have far from reached that decision yet.

Thank you, chairman.

>>MIKE SUAREZ: Do we want to move forward on the vote or

continue discussion?

Anyone else besides people that have already spoken on that

item?

Mr. Cohen.

>>HARRY COHEN: Very briefly.

Obviously, I think council members have the freedom to ask

people in the audience anything they want.

It's up to each of us to make a decision how much weight to

give to whatever it is that is presented to us.

The only real comment I wanted to make, however, is

regardless of whether this conversation goes forward, if the

information that Councilwoman Montelione needs is not

available today, we need to get to that and decide how to

resolve this rather than prolong it any further.

>>MIKE SUAREZ: Okay.

Any more discussion before I take a motion on Mrs. Capin's

motion?

I see none.

Please take the vote.

All in favor of allowing staff to go forward having her ask

that question, having that person of the public come

forward, please indicate by saying aye.




Okay.

Go ahead.

Call whoever you want up here.

>>LISA MONTELIONE: Thank you.

>> My name is Matt Florell.

Thank you very much for giving me the opportunity to speak.

I am really just wanting to point out ---

>>CHARLIE MIRANDA: I don't know what the question is.

You must have a question.

I'm not fishing in deep water.

Tell me.

>>LISA MONTELIONE: So I have before me the study that he is

holding in his hands which has been completed by the Florida

highway safety and motor vehicle division -- dated for

fiscal year and analyzed 2014 through 2015 of this report,

and I also have the one that I noted from USF which is this,

which is not so much a study as a report, but it is an

abstract from a study that was done at USF, an update on red

light camera research, the need for federal standards in

public safety.

So they were making their assumptions based on the federal

government regulating the industry or regulating the

cameras.

So I'm trying to distinguish between the two reports and how

it relates to what actually happened in the City of Tampa.




So the question I have for you, sir, can you shed light on

the difference between these two studies?

>> Yes.

>>LISA MONTELIONE: Okay.

Can you please -- or the difference between these two

studies.

Because I read them both.

And they both say different things.

Actually, USF refers to the Florida highway safety report in

their paper.

>> Right.

Well, first I have to say Tampa specifically, it's very

difficult to quantify the crash changes because you only

have 19 of the 57 cameras that have not had some significant

period of down time.

So less than half of the camera program, less than half of

the cameras in place have actually been in place for the

full term.

Some have been up for multiple years.

Some didn't get started till the third year.

That's why when you do a study you have to pick the ones

that have been active for the longest amount of time.

The ones that are consistent.

The ones that have not been, you know, taken out because of

275 construction.




So that's partially what the State of Florida report did.

That's why are they couldn't look at all the intersections

and all the cameras.

So the State of Florida report -- and I have got it up here.

It's a little too big -- basically states that across those

eight intersections that they evaluated, they came to the

conclusion that there was a 50.51% increase in overall

crashes, 141.67% increase in angle crashes.

Rear end crashes also went up 52.94%.

There's some more information in here.

Nonincapacitating injuries didn't change much up 4.17%.

Incapacitating injuries went up 16.6%.

Fatalities at the intersection before were zero and

fatalities after were two.

>>LISA MONTELIONE: Okay.

So can you tell me -- because in looking over this

information, because like I said, my primary concern has

always been pedestrian and bicyclist safety.

Is there anywhere in either of the reports -- because

personally, I didn't see it -- that speaks to the people who

aren't in the car?

And the injuries, it appears from reading the report, the

injuries are to the people who are inside the car when they

crash.

>> Right.




Pedestrians, the effect of cameras just looking through the

data, do impact mostly motorists, but there is actually a

crash involving nonmotorists provisions on the last page of

the statistics, and it shows that at the intersections there

were nine crashes involved nonmotorists before and there

were eight accidents, so there was one less crash after the

be cameras recorded.

That's the only safety improvement.

>>LISA MONTELIONE: That's what I was trying to highlight.

Thank you.

I don't know, since he's here, if anybody else has any

questions, but those are my questions.

>>CHARLIE MIRANDA: Yes, sir.

I'm not an analyst and I'm certainly not in anyway related

to anyone who diabetes this study, but when they did the

study, everything was alike, the same amount of cameras,

same amount of daylight.

Was it a rainy day?

Was it a foggy day?

Was at -- I don't know all of that.

When they did the study were all parameters included?

That's a lot of red on the negative side.

So those were not touched.

They were only those with a plus.

And in my mind I don't have the study in front of me.




Just from my own little knowledge of doing my own little

check book sometimes it's red, sometimes it's black and I

want to ask why it was red and why it was black here.

>> Well, it's actually very difficult to do red light camera

studies isolating only red light cameras.

Here in Tampa we have got all of this construction

everywhere.

And that's really not taking into consideration intersection

changes, adding new changing from light bulbs to LED lights.

Pavement markings.

There's a study in Orlando that shows fresh pavement

markings reduces crashes on-site.

>>CHARLIE MIRANDA: I think traffic on the street is a

wonderful thing, and I also think that we have is

ridiculous.

That little thing with a hand.

You don't know if it's a 16 or a 6.

And I have got pretty good eyesight and you can't tell

because they are so small.

Go to a third world country and it's this big.

You can see them from a block away.

Red and blew.

Here they are red and black.

Listen, I live Hillsborough high school red and black but

you can't see red and black when they are driving.




You see an intersection, what does that many?

6 or 16?

It doesn't -- that's why I sponsored -- with Mr. Reddick --

I think it was his idea -- to bring in some of that money to

intersection improvement, and what I have seen all the

signage of the markings, of the changing of how much time

you have to cross, it's el-nil, because in third world

country after the light changes from red to blue it gives

you 3, 2, 1, yellow.

And you can see that.

And you know what you are doing.

Now, a free country like this one, all you want to do is --

and you know there's going to be a question in the next five

years because they are going to have driverless cars.

So I don't know who the hell is going to get ticketed,

number one.

Number two, you are going to have cars now, I would imagine,

that they go by the speed, and that light hits and the car

says, oh, I can't go 75 mimes, I can only go 70.

The car is going to tell you what to do.

And I imagine it will do the same thing with lights.

It will make you stop before you even drive.

But that's all, Mr. Chairman.

Thank you.

>>MIKE SUAREZ: Mrs. Capin?




>>YVONNE CAPIN: Yes.

Thank you, Mr. Chair.

You know, the last time the contract came up, I don't know

how many of us, I supported that -- I didn't vote for it

until we had -- I don't have any questions for you.

I'm just going over my numbers here.

Thank you.

If I do, you can get up.

Several of us voted not to -- not to approve the contract

until some moneys were allocated specifically for

engineering and making these very problematic intersections.

And it was all of $400,000.

I was trying to look for the number.

I asked my aide because my budget book -- let me see if it

came out.

Not yet.

When we talk about our annual budget, the amount of money

that is allocated for police and fire, is more than all the

ad valorem money we take in.

So to tell me, to tell us -- how many cameras are there as

of -- active now?

>> Installed there are 54.

>>MIKE SUAREZ: Get closer to the microphone.

>> Currently installed 54 cameras.

We have three intersections currently down for construction.




18 active intersections.

>>YVONNE CAPIN: We have 54 cameras.

Then we are talking about 5,140 hours that were spent

reviewing these last year, and today.

Instead of putting those people, you are saying it would be

cost prohibitive to have police presence at these very

dangerous intersections.

But it's cost effective to pull them from whatever they are

doing at the same rate that we pay them in order to review

these?

It just doesn't make sense.

And if the administration wants these cameras to go forward,

and they have stated that they have, it's Mrs. Montelione's

request and mine is really, wouldn't you support your

argument for the contract in these red lights by telling us

the improvement of crashes at these sites?

Nobody has that number?

That's just amazing.

I hope you got them.

Okay.

>>JULIA MANDELL: City attorney.

A report was given to council in January, and again in April

on those items, and I was not aware that's something that

council needed reiterated at this moment in time.

That being said, Mike Schmid, the attorney involved in that,




giving the information in that presentation to you is here

and can also answer or provide you with additional

information if you need that.

The information that we have from before hasn't changed from

the report we gave in April.

But we are happy to report that.

And the alternative if council would prefer, it can continue

this until the October meeting and we can bring forward

additional information on that particular item.

>>YVONNE CAPIN: Thank you for that.

We don't have a number here today.

Also, I am going to state something.

Our jobs here is the public safety and well-being, period.

None of us -- that is our job, period.

And not only do we have a 5,140 hours that were pulled

because of the storm, because the marine can't go out.

Well, can they go out on an intersection?

We don't know how much it really costs.

And that is a huge problem for me.

Not only are we looking at the police.

Our attorney stated several hundred hours.

Do you have any idea what these attorney salaries are Al

annually?

I know it can be broken down by hour.

We need to know what we spent on this.




The true number.

And you need to nobody the return on investment.

And I don't believe the return on investment is adequate for

us to go forward.

I asked the cameras.

So, I will let you know now that I will not be voting for

this contract to go forward.

If you want to continue, you can.

But it would probably be the same vote next week and the

week after and the week after that.

>>MIKE SUAREZ: Okay.

Any other comments or questions much anyone that hasn't

spoken yet on this item before we take any action at this

point?

Okay.

No one else?

Mrs. Montelione.

>>LISA MONTELIONE: Thank you.

You know, yes, we were presented the previous information.

That's why I have a file on it and that's why I have all the

notes from our previous meetings.

But January and April, this is September.

So there's five more months of information that may be

helpful to us.

And I know our police department is very data driven.




And I would imagine there's data somewhere that could be

produced.

And it's my apologies to the legal department that when we

met and discussed this issue with Mrs. Mandell, I did not

specifically reiterate that I was going to ask those same

questions that I asked in April that I asked in January.

I guess I shouldn't assume, but I should have mentioned that

when we met that I was going to ask these questions as I had

in the previous two meetings.

I will say, I mean, it looks like just from the discussion

point, that I will say, you know, when somebody is in a car,

and they run a red light, and they suffer an injury, they

ran the red light.

When somebody is in a car and hits someone who is on a

bicycle or is a pedestrian, no matter the circumstances, if

it's daylight, it's nighttime, it's raining, it's not, they

hit a pedestrian.

That pedestrian had, you know, some responsibility.

But when you are in a car you have more responsibility.

So according to this Florida highway safety report, which is

why I wanted to point out, you know, again, it's fiscal year

2014-15.

So I don't have the update to this report to see if any

other nonmotorist lives were saved by this Program.

And being number two in the entire country with pedestrian




and bicycle deaths, number two in the country, the Tampa

MSA, which is Hillsborough, Pinellas and Pasco, any time we

can save even one life which is what this report says, one

life is saved, from someone who isn't behind the wheel of a

many thousand pound vehicle, is something that we need to

do, because like I said, when you are driving, you have a

responsibility.

And it seems like all too often -- and we all experience

this on a daily basis no car -- that people don't take the

responsibility of driving.

As Councilman Miranda has pointed out I don't know how many

times in six years, people are eating and putting on makeup

and they are watching TV and they are talking on their cell

phones and they are sending text messages, people do not

take driving a car seriously anymore.

And in some ways I'm hoping that automated vehicles come

through sooner rather than later, because you take the human

factor out and maybe we'll have safer streets.

But, you know, I am always going to ERR on the side of

safety.

And if we save a life of someone who has decided not to have

responsibility of being a driver, then it's worth it to me.

So I don't see this as a money thing.

I don't see it as a numbers and dollars.

I mean, I have to disagree, I think having an officer who is




not otherwise deployed, I mean, if they are on light duty

and they are reviewing cameras, tapes because it's something

they can do while they are on light duty, I think that's a

good use of our officers' time and a good expense to incur.

And realistically having somebody who has to baby-sit at an

intersection is way more expensive.

And I think you want to clarify something.

>> We do use light duty officers as well for the program.

>>LISA MONTELIONE: My brother was a police officer in New

York and I know when he was injured they put him on desk

duty.

He hated it.

Bull we didn't have any of this technology.

>> There are several officers that are on light duty

currently, which saves time of the other officers.

>>LISA MONTELIONE: Thank you for that.

I figured that's who was watching those cameras.

But that's all I have to say.

I mean, you know, the vote is going to be the way it is.

I just have my own personal opinion about it.

>>MIKE SUAREZ: Mr. Reddick, hang on a second.

Mrs. Capin is next.

Mr. Cohen was next after that.

Okay.

I believe Mrs. Mandell wants to say something before we go




forward.

If it's okay with you all, I am going to let her talk.

>>JULIA MANDELL: City attorney.

I know it's not related to the budget and the last time we

had a contract moving forward, and a percentage of the

budget being set aside for intersection improvement.

I am not as familiar with the budget.

I wanted to just go ahead and get that clarified.

As it stands right now in the current budget, there is a 25%

money from the red light camera program that are continuing

for intersection improvements.

I just wanted to make sure that information was clear for

the record because I wasn't sure if it was.

>>MIKE SUAREZ: Thank you.

>>YVONNE CAPIN: The 25%, the last time was 400,000.

So that we took in $1,600,000.

>> I'm told the expected revenue, if you want to call it

revenue, from the red light camera program for this next

fiscal year is a million dollars.

So it would have been reduced the 25% which would be

250,000.

>>YVONNE CAPIN: Okay.

All right.

You know, it was brought up to assume that the red light

camera crash numbers -- shouldn't assume that.




I'm sorry, but this administration publicly has said it's

about safety, it's about stopping the crashes.

That they don't have the latest numbers to hold up their

argument is astounding.

It is astounding.

In my estimation.

Because, oh, they didn't ask for it so we are not going to

give it to them.

And I agree that, yes, we should spend the whole million

dollars or the whole million six, whatever it was we took

in, on presenting -- preventing more of what happened in the

intersection.

Yes, we do need to educate the public.

I say that all the time.

Cars, you are talking 2,000 pounds again someone that's in

their skin.

And we have -- most people actually live in their cars.

The hours that are spent coming and going and moving is

almost like their second home.

That doesn't make excuses, but it needs education.

Both on the bicyclists, the pedestrians.

I have been -- and this is not even on a street, in a

parking lot, in a shopping center.

I cannot get over how many people, when you have -- I have

my car in reverse, and I look back, and they are just




walking right across, right behind me.

I'm in a 2,000-pound car.

There's no way in a parking lot -- I always watch to see who

is backing up and I stop.

The education people don't realize what we are looking at,

where the cars and the pedestrians.

But, again, administration, you did not hold up your, you

know -- if the administration is safety, safety, safety, you

need to show us the numbers and how safe we were.

And that did not happen.

That's it.

Thank you.

>>MIKE SUAREZ: Mr. Cohen.

>>HARRY COHEN: It's been my observation that there are

statistics and studies will show in this particular matter

both sides of the issue.

If you want to prove that red light cameras don't improve

safety at intersections, there are studies that you can find

to show that.

You can also find studies that will show that they do.

And you can also find that crashes may not go down but the

type much crashes may change.

You may have less head-on collisions and more rear-end

collisions, like Councilwoman Montelione said, I don't know

that I have ever seen any analysis of what happens to




pedestrians and bicycles and people that are around these

intersections when these cameras are operated.

To me, this ultimately comes down to our own experience as

drivers and pedestrians and what we actually encounter on a

daily basis.

And like another council member that spoke earlier, I have

been ticketed, and by an officer for making an illegal

maneuver in an intersection.

And you want to know what?

Every time I pull up to that inter section I think about it

and I make sure that I don't do the same thing again.

So different people react differently to different

situations.

It's my view that these cameras do act as something of a

deterrent.

They slow people down.

They make people more aware.

And I agree with Councilwoman Montelione that at the end of

the day bicycle and pedestrian safety is one of our top

priorities in this community, and there's no question at the

MPO of that we were presented with very definitive data that

for pedestrian and bicyclists these can be a very effective

tool to make our streets safer.

I just don't have a problem with them.

And my final reason for not having a problem with them is




that I really believe that if you don't want to get a

ticket, you should slow down and make more of an effort to

stop when the light turns yellow rather than speeding up to

get through the intersection, as all of us I'm sure have

done before and a lot of people in the community do it on a

regular basis.

We just need to be more aware when we are going through the

intersections.

And I really don't have a problem with these cameras being a

tool that helps to make people more aware.

If council members feel they need more time in order to get

more information about crash data, I'll be supportive of

that.

But I don't philosophically have any problem with this

program.

>>MIKE SUAREZ: Mr. Reddick.

Unless you are going to call the question.

>>FRANK REDDICK: No, no.

I was just going to use my privilege to speak, and correct

some of the misstatements.

One, let me start off by if anyone thinks this is not about

dollars and cents, they are blind, because the data shows --

I can just read this report right here from our own staff.

If you had a chance to read this, and read the dollars and

how many people are involved, court reporters, court




reporting and transcripts, challenging red light program, I

mean, multiple attorneys, TPD, all this is money.

This costs money.

And if you don't think it's about money, then you are blind,

and a person that is going to drive through -- the problems

with getting ticketed in most cases are people who are

making left turns, and left turns when there's a pedestrian.

Green light, yes, and you go to make a left turn, if people

driving north and south, how can you turn if there is an

automobile coming in, they don't wait for the yellow light.

They run through the yellow light.

And you are out there in the middle of the road trying to

make a left turn, and you have been flashed by a camera.

How do you protect yourself from that?

So it's not about wait till the light turns yellow and then

you drive.

If you are ever out there, and go out in an intersection and

try to make a left turn when you have got traffic coming

from the opposite direction, see how you have to wait, or

you are going to run and hit somebody either way.

But the problem is, it used to be about public safety.

But now it's all about money.

And that's the bottom line.

And the people that are affected -- these people are not

intentionally trying to run a red light.




Look at this data.

Number of people.

280,000 some people.

Do you think these people intentionally want to run a red

light?

That's not happening.

And based on the data, the data is there.

And it's based on a question that Councilwoman Montelione

asked about this.

And won difference.

One.

Number one.

Uno.

One.

And so we are all concerned about public safety.

It was public safety issues that on Hillsborough Avenue

right across from Meridian point, about public safety, about

people that cross the street.

And I don't think no one disagrees about public safety.

But to make the false assumption that just the light -- sit

there and just wait for the light to turn green and you can

go, or the light turn yellows and you yield, but you try

doing that making a left turn, and you don't have that left

signal.

And how many roads in this city got left signal turns?




Not many.

I know people on Martin Luther King, and 19th street,

are raising hell with the city because they want a left-hand

turn.

Signal lights.

And they can't get it.

Now, they have got to turn out there in the middle of that

road and watch traffic go back and forth and try to wait

till the last car passes through there floored for them to

move forward.

So, you know, we can make excuses.

And we can sit here and make excuses.

But the bottom line is that one person sitting up here in

public safety, but you have to take into account the true

reality I spending $75,000 more. If that $75,000 is going

to go towards 25% that we pushed for to do infrastructure

improvement and sidewalks and these cameras where most of

these people are getting ticketed?

Is that going to happen?

A lot of these cameras are sitting in my district.

A lot of my people who can't even afford to get gas are

getting ticketed.

And we are worried about public safety.

Do you think these people want to be hitting somebody,

running a red light?




And that's the problem.

And until -- I agree with Joe Henderson of the "St. Pete

Times."

It's all about money.

And if you read his editorial, it's all about money.

And it's all about money.

>>MIKE SUAREZ: Mr. Miranda.

>>CHARLIE MIRANDA: I agree with the statements that

everyone in this room is about safety and no one wants to

see anybody hurt.

In fact, if you go back and look at the tape of the first

time we had the red light cameras come before us, I voted

against it.

And I stated then that I didn't want to see that money go to

the general fund.

That if there was to be made, that I would support it to

going to fix an intersection.

Because if it didn't, then it was about money.

And we came to a compromise.

I fully supported the compromise.

A at least I am did get something for public safety with the

rest of the council members.

However, when you go take an exam in the State of Florida,

the first day they give you a little car to drive, one to

take or whatever, and take you through a little course.




And if you don't come to a complete stop, here is what

happens.

You fail the exam.

I don't want anybody to get a ticket.

But if I or anyone else, with or without the camera, you are

still violating the law.

Once you do that, they say that's your timing or whatever.

However, on the other side we have a city that's of age.

We have all this new technology going to the city, that it's

different from the city.

And I will give you some highlight.

You go down Florida Avenue, you get to palm street, make a

left by YMCA.

Now you got construction.

They change it from a two-Lane on either side to a one with

a nice sweet spot in the center and that's a short block

between Tampa and Florida Avenue at this point.

You have induction of roadways.

Then the middle of the road they put a little sidewalk cut

through so you can walk across.

So then I start to think, I said, let me ask myself this.

People at the YMCA exercising.

They can't go 80 feet to the left or 90 feet to the right

and cross where the red light is.

Now we are going to give ingress in the center of the road




to walk across the road, without any development yet at

Tampa Heights?

What you are looking for is a human disaster.

You have more and more traffic on a more and more narrowing

road with more and more people coming.

What do you think you are going to have?

You aren't going to have a fun party.

You are going to have a funeral.

It's like that throughout the city.

I'm not blaming anyone.

But there is things you can do.

You go down Cleveland, heading west, when you get to Howard,

you are driving down your Lane.

All of a sudden your Lane becomes a bicycle Lane because you

have to veer to the right to make a right on Howard to head

north.

That's real smart.

I don't know if I have a car that's a bicycle or a bicycle

that's a car.

It's not done right.

The striping in the city, I don't care whodunit or who did

it or who gonna do it, it's not right.

You are looking to fix things, and in essence you are

creating more of a problem.

You go down palm heading to Ybor City, and when you get to




palm and Nebraska, in the mornings, if you go by there, down

to one Lane, you see how you like it.

So you are aggravated.

When people are aggravated, they don't think too well,

including myself.

So what happens is you create this feeling and you want to

shave your head when you are driving, eat a sandwich or put

on lipstick or whatever you want to do, eat lunch, whatever

inside of a car, and you have all these changes around you.

Now you are going to drive a car, look out for another car,

watch out for the motorcycle, and don't forget the bicycle

Lane may be on this side or the other side of the road.

Oh, you have got a problem.

You need a computer inside the car.

And it's not the computer in the car, at this time computer

in your one-cell brain.

So you have one all these problems when you drive a car.

I applaud the people who drive a car.

It's getting more and more difficult every day to be a

driver in the United States of America.

Like I said, in a couple of years you don't have to worry.

There will be driverless cars.

They'll tell you will with you to start, when to go, when to

eat, when not to eat, then you can do anything you want in

the car.




In fact you don't have to have a house.

If you have a big car you can live in it.

So it's changing.

But let's find out what's going on.

I'm not for or against this.

I want to see what's going to happen.

And I would imagine this contract, you get out, you get

notice of 10, 20 or 30 days and you are out.

That's what I think is there.

Fair.

Do we have an opt out like that?

That's the first thing you should know.

I didn't mean to talk over the rest of you.

>>MIKE SUAREZ: That's okay.

Mrs. Mandell, are you going to answer his question?

>>MIKE SUAREZ: Next contestant?

>>JULIA MANDELL: City attorney.

There is a termination clause.

Contract negotiation.

>>CHARLIE MIRANDA: I guarantee there's a contract there.

>>JULIA MANDELL: This agreement is terminable and either

party may cause with 30 day written notice.

There may be some issues --

>>CHARLIE MIRANDA: I imagine there -- if I was a contractor

holding a city contract I would say you can't do that




without having an excuse somewhere.

>>JULIA MANDELL: I want to tell you on the face of it, yes,

there's a 30-day termination for no cause.

There may be a penalty for it.

>>CHARLIE MIRANDA: In years back, Mr. Chairman, and then I

will leave here, years back I stated at the time when this

became a negative cash flow that this city wouldn't have any

cameras, because of the negative cash flow.

You need money to do everything.

I made that statement some years back whenever the first

contract came in.

And I'm still holding to that statement.

Although you have had some months here with the negative,

overall it has not.

But when you get to a negative yearly position I guarantee

you that no money for cameras and no cameras.

Thank you, Mr. Chairman.

>>MIKE SUAREZ: I think that everyone has had a chance to

speak and I will speak at this time before we go forward.

You know, this is one of the few times in terms of our

enforcement of any ordinance or any law in the City of Tampa

that we have more discussion about the cost of enforcement

than at any other time.

We have officers that ride a motorcycle.

We have officers that have horses.




It costs money in order to have horses for police officers.

There are lots of things that we spend money on.

I think that Mr. Cohen was very correct in saying that this

is a tool.

How we use the tool is up to us.

Everything that we do when it comes to issuing a ticket or

citation to any driver brings in revenue.

I don't think -- and corporal, could you come up?

Do we not keep some of the money from any ticket that we

write on any traffic citation?

Or is it --

>> It really depends.

Going back to the traffic unit it really depends on the type

of citation, if it goes to court, a certain percentage going

to the county and that type of thing.

I can't quote how much the city gets of anything.

>>MIKE SUAREZ: We do cite people for public safety reasons.

We do get -- and I know that I have gotten a ticket in the

county for not renewing my tag in a timely manner even

though it was 30 days after my birthday and they did not

accept that.

And I didn't like that.

A police officer -- excuse me, a sheriff's deputy, you know,

along one of our northern roads stopped me in rush hour

traffic because he saw my tag, he ran it, he stopped me, he




made sure that he got me that ticket.

Now, I assume -- it wasn't a public safety issue, didn't

cite me for any other traffic violation -- I assume someone

is going to get money out of that.

Maybe I'm wrong but I'm thinking somebody is getting money.

I paid it.

You know, so there's this aspect that we are as part of our

budget, the largest portion as you know, personnel that we

use for public safety purposes, fire and police, and so

there is a cost, and there is an amount that we get by

virtue of it, it is not only from what we do in terms of

ad valorem taxes.

Again, this is about money, I have always maintained that I

like the fact that it is a public safety way of dealing with

this, if we put a police officer on a motorcycle or on a

cruiser, at those corners, there's a cost to be that.

There always is.

And there always will be.

There is no budget neutral way of doing this.

And even this is not a budget neutral way.

Even if we ran it ourselves there's still going to be a

cost.

If we bought cameras and said we are going to run it all

ourselves it's not going to go to any third party vendor

doing this.




There is going to be a cost.

Now, the public policy questions that we have, which is

whether or not we should use this tool, is a legitimate

question.

And that's something that I think all of you have made

comments of.

Some people don't like them, some don't want to use them

association people believe as I do that believe it is an

important tool to have, for police officers to have in order

to try to stop, or at least minimize those red light

runners.

Having had a red light ticket myself, making a left turn

from Florida Avenue onto Busch, going east.

Yeah.

I think --

Had an officer been there he would have stopped me, too, I

would assume.

>> All traffic stops, notice of violation is $158.

And 251.

>> So there is a difference in cost.

There is a difference in terms of what happened.

Again, there is a cost to whatever we do, any kind of law

enforcement.

Okay.

This is just one more tool.




If we don't like the tool get rid of it.

Vote to get rid of it and not have any more cameras.

That's perfectly fine and it is our right to make that

determination based on whether or not we approve this

contract, you know.

But it's not going to make it more safe if we have police

officers on the road.

It's not going to make it less safe.

It is just another tool that we use.

Again, I think the argument of this will make it safer is a

specious argument.

Does it help to change behavior?

I think it does because it changed my behavior in terms of

when I go to a red light intersection.

Again, we can make these arguments back and forth all day

long, which we almost have done all day long.

So hopefully we will be able to go forward after this and

make a decision.

We know that there's been a couple questions.

One member had mentioned previously that you might want to

continue it.

Other members said that they are going to vote no matter

what happens.

So we are going to try to go forward from there unless there

are any other comments from council at this time, or if




there's any other questions from staff or any other people.

>>LISA MONTELIONE: I would like to know, Mrs. Mandell and

the legal department seemingly had a lot of little

conversations, and I'm not sure how they relate to our

discussion.

I would like to know.

>>JULIA MANDELL: I was discussing with Mr. Shelby the fact

that a representative of ATS has asked if there's an

opportunity for them to speak.

And I believe to make this decision if they would allow ATS

to speak.

>>MIKE SUAREZ: Would you like to hear from ATS?

>>LISA MONTELIONE: I would love to hear from ATS.

>>MIKE SUAREZ: Okay.

>>LISA MONTELIONE: Thank you for asking.

>>MIKE SUAREZ: You're welcome.

>> Good morning.

Jason Norton.

I have many electronics up here because I am pulling data

for you.

I just want to be try to clarify some of the stuff that's

been going on in this topic.

There's a lot of information that everybody is gathering.

A couple of things.

On the safety you are exactly right, for pedestrians and




cyclists, to help that vision zero that I know the city

talked about last December.

This is part of that tool box, the red light cameras.

Even thinking about blocking the box, intersection safety

when you come up Tom a crosswalk.

If a car is not in the mind-set to stop before the

crosswalk -- not the crosswalk, the pedestrian has to go

around the car, around the crosswalk, and then whose

liability is that because they are out of the crosswalk?

So that's one thing.

As far as the police whether they can be posted at an

intersection, obviously he can.

Obviously they do.

We see this all the time.

But think about what they have to do to capture a red light

runner from a police standpoint.

If a police officer back here is watching the light,

watching the car, if the car runs the red light, then that

car has to get through traffic, through cross traffic to get

that car.

So you almost have to have two police officers, one on this

side watching.

One on that side as the chaser. This is a force multiplier.

And it's much more efficient for police officers to monitor

this behavior in this program.




Revenue, we talked about revenue.

Obviously, it's been brought up.

I want to be clear, even though you have the million dollars

in your budget, you probably brought that in in the last

four to five months.

Our projections are the city will make a little over $2

million in the next year.

That is a figure that will be higher than ATS's share.

I know that was thrown around as well.

But the city will bring in more revenue than ATS.

This is obviously after the state has been paid.

I want to make sure that was out.

Than the insurance institute for highway safety, if you see

a car commercial, you see the safety ratings of the car,

they are the organization that's always referenced.

They do the crash data.

They do the tests.

They came up with a study this past July that talked about

the increase in accidents from cities who have shut down

their program.

Increased 30% on fatal red light cameras.

And that's the insurance institute for highway safety for

programs to end their program.

But I thought that is important to know.

As far as the Florida report that's been discussed, in the




report itself, in the footnote, which is where all the good

stuff is found, it does indicate that because of new

reporting from the police department of how they locate

crash locations, that there was an artificial jump that may

be possible in the report.

In addition, the increase in traffic, also they attribute

that to an increase.

If you read the footnote, it's very clear that you have to

take the report for what it is.

In addition, if you are going to analyze the red light

camera position, you have to analyze the non-red light

camera.

Maybe something does increase.

But if this increase is higher, then you have an increased

chance of safety at a red light camera location.

And that is in the study as well.

So I think those are important aspects to know.

And I'm happy to answer any questions.

And I hope some of that helps clarify some of the questions.

>>MIKE SUAREZ: Mrs. Montelione.

>>LISA MONTELIONE: Thank you.

I have a question.

Has ATS undertaken or has your company at any time hired

individuals to do research of this nature?

>> Accident report?




Sure.

And I have done it myself.

Not that I am an expert.

But it's really important to go into the report.

And you can't look at this --

>>LISA MONTELIONE: No, I understand.

And looking at what was written before online, there's

problems with -- they are not consistent.

They are not looking at the same data.

There's, you know, two years of information in one place,

and there's only five months of information in another

place, the conditions as Mr. Miranda pointed out, you know,

may have a role to play, and that's not mentioned.

So there's all kinds of -- in study, like you mentioned, you

want a control group.

And you want all the factors being studied to be equal.

Now, it's difficult to do in a crash situation because, you

know, there are so many variables.

But, you know, I don't know that any of the studies, as Mr.

Cohen pointed out, are definitive.

And again Matt has pointed out that none of the studies seem

to be definitive or at least, you know, there are

parameters, study parameters aren't the same.

So it's a very difficult decision.

And, you know, I would -- I'm sorry, Ms. Mandell?




So Mr. Miranda had asked about the termination clause.

So this extension of this contract -- it's not a new

contract.

It just a renegotiation and an extension of terms.

So this would be the second of two, two-year terms.

>>JULIA MANDELL: Correct.

Under the original RSP under which ATS was the successful

bidder the terms of the contract call for two, two-year

extensions which would be the second of the two, two-year

extensions.

>>LISA MONTELIONE: So at the end of two years this contract

is over.

>>JULIA MANDELL: That is correct.

The only way for us to proceed forward would be to do a new

RFP.

>>LISA MONTELIONE: So we are only talking about this

contract continuing for another two years before we have to

start from scratch all over again.

>>JULIA MANDELL: October 131st, 2018.

>>LISA MONTELIONE: And we all nobody the legislature is

weighing in.

2018.

And we all nobody the legislature is talking about this very

same issue.

And sometime within that two-year period, the legislature




may decide state wide, the practice of monitoring

intersections by artificial means, by technology.

So with the pointed out termination clause, that anytime

between now and two years, it can be terminated, and that

this contract is coming to an end, and we don't have any

definitive study because they all seem to be flawed, that

they are harmful, or they are helpful.

So, you know, again, we have got two issues here.

One is a policy issue and one is the contractual issue.

The contractual issue is, do we ride out the next two years

until the contract is completely over?

I don't see that when you are weighing the policy, I don't

see the harm outweighing the good.

If you are no car and you run a red light, it's your

responsibility to stop.

If you didn't, whether it's intentionally or

unintentionally, you deserve to get a ticket.

We can't have a police officer at every corner.

So this is the next best way to make people responsible when

they are behind the wheel.

And, yes, one light, one pedestrian, one bicyclist is worth

instituting a technological means to make the intersection

safer.

And everybody should have a refresher course in the rules of

the road, because you have heard a whole bunch of things




stated here dab by council members, and if you go back to

your driver's ed rule book, there's probably a whole bunch

of rules that are being provided by not just but everybody

and you see it every day, and things become so commonplace

that you accept it like, oh, you can do that.

No, look at your driver's handbook.

You aren't allowed to do that.

So again I am going to say it's two years.

We don't have data that says anything is good or bad.

I know that at least one non-motorist life was saved.

And we can terminate this contract at any time.

And the next legislative session, it might be terminated for

all of us and the decision is taken out of our hands anyway.

So I am going to restate that I am going to support it,

because, you know, the two years, maybe during that time

we'll get more definitive answers.

But I agree in continuing the program.

And as far as using the money in the intersections, we all

know that our transportation division does not get the

dollars that they need, not here in Tampa, not Hillsborough

County, not anywhere in the state.

We don't prioritize safety enough.

So whatever dollars we get to make safety improvements is

great.

When the motion was made way back when to utilize the funds




for intersection improvements, does that still stand?

>>JULIA MANDELL: Yes.

25% of the funds in the fiscal year budget coming in from

red light cameras is going towards those intersection

improvements that's already in the budget.

The line item in the budget and the anticipated amount of

the budget is a million.

That doesn't mean it can't be more.

It just when they were -- it could be less.

They anticipate the amount.

And I think it's fair to say they think it will be an

addition, especially if we go forward with this change --

>>LISA MONTELIONE: But it's the contention it's all about

the money to put into our safety program.

>>JULIA MANDELL: The 25% portion of that specifically is

with a line item with the budget for fiscal year 17.

>>LISA MONTELIONE: So again, another reason for me to

support.

Anytime we can get additional dollars for safety

implementation, transportation improvements, I think is a

good thing.

So is it all about the money?

Yes, it's about getting money in order to make the safety

improvements that we desperately need.

Thank you.




>>MIKE SUAREZ: Mrs. Capin and then Mr. Reddick.

And it looks like Mr. Miranda?

>>CHARLIE MIRANDA: I just have a question.

>>MIKE SUAREZ: We'll go forward.

>>YVONNE CAPIN: The statement it's all about the money.

It's always about the money.

You know why?

Because we have the purview of the costs of this city and

the taxpayers.

It's all taxpayers, all of it, whether it comes from the

state, whatever.

It's taxpayer money.

And we need to watch that.

We need to watch it.

And again return on investment.

Now, it was stated, an officer at every light.

Okay, we have 54 lights.

We don't have red light cameras at every intersection.

So when that statement comes up, we don't -- so there's

intersections that presumably are safer because they have

red light cameras and the other ones are not.

We don't have red light cameras.

We don't have officers at every intersection.

So, again, it is about the money.

And it is about -- and from the beginning.




We are talking last year.

Last year when it was 1.6 million.

The year before, what was it?

How much did we take in?

The year before that how much did we take in?

And none of it, none of it was targeted as we asked it to be

targeted.

It is about the money, very much so.

And that's what we take care of, is the taxpayers dollars.

And the return on investment is most important on how we

treat the moneys that the people of this great city.

And I will go back.

It is $240 million.

Not broken down.

Let me look at this.

$240,881,000 for police and fire.

And we take in annually recommended annual -- I don't have

the ad valorem but almost 100,000, if not -- 100 million

more than we take in, in all the ad valorem tax year.

And I am going to say, if we cannot keep our intersections

safe with what we are spending on police, then we have a

problem.

Because we should not be spending any more than what we are

spending now.

Again, it is about the money.




And it is about the taxpayers money.

Thank you.

Part of the public safety and well-being and it's the

well-being of the public and what we do with their money.

>>MIKE SUAREZ: Mr. Reddick.

>>FRANK REDDICK: Thank you.

We can basically come up and find all kinds of justification

pro or con, and if we are going to wait till the Florida

legislature to do something we will be waiting for the next

20 years.

They haven't done nothing on no major big item, and we

waited last year for them to make decisions and never --

sir, let me ask you a question.

How many municipalities in the State of Florida canceled

their contract with you?

>> I'm sorry?

>> How many municipalities in the State of Florida --

>> There have been a few -- I don't have exact number.

I can get them for you but there have been a few cities.

There's also Hillsborough County, extending their contract.

Orlando is expanding.

South Sarasota.

>>FRANK REDDICK: You can remember the ones that are

extended but you can't remember the ones that are canceled?

What other state do you have contracts?




>> Other states?

>>FRANK REDDICK: Do you have contracts with other

municipalities in other states?

>> Yes, sir.

>>FRANK REDDICK: Have any of those other states canceled

contracts with you?

>> Sure, there have been communities.

>>FRANK REDDICK: What percentage in the State of Florida

have canceled their contracts?

>> Maybe 4 to 5%.

>>MIKE SUAREZ: If you are not at the podium you cannot

speak.

>> He was whispering to me.

(Laughter)

Yes.

And as Councilwoman addressed earlier about the state law,

as it changes, some communities can't survive.

When there are changes in the law.

You have probably seen this with other programs in your

community.

So some have canceled, some have expanded.

>>FRANK REDDICK: What was the primary reason for those who

canceled their contracts?

What was the reason?

>> State law changes.




>>FRANK REDDICK: State law changes.

What was the state law that changed?

>> Well, there's been some court rulings that Mrs. Mandell

can probably speak to better than I can.

But they have had some court challenges.

They have had state changes, and the state is involved now,

so they get a portion of that revenue that comes in to go to

state general revenue.

And if you had a program that had low volume, and these

cameras work.

Whether anyone wants to admit it or not they are going to

reduce your violations.

Sometimes this F they reduce the violation if you are in a

local community where you have a lot of local drivers they

know where the cameras are.

They change the behavior quickly.

And those volumes are down.

But when you are given some state money or whatever, your

volume is going to drop and you can't afford it.

And as Mr. Miranda has addressed, it becomes a loss leader

and you have to make a decision whether to go forward with

that or not.

>>FRANK REDDICK: You have a very great memory base for

promoting but you have a lack of memory when it comes down

to data about who canceled and who did not cancel.




>> I can tell if if you give me a few seconds but they have

been smaller.

>>FRANK REDDICK: You say Hillsborough County renewed,

Hillsborough County?

>> Hillsborough County just renewed for five years.

>> Five years.

>> Orlando is expanding. And Sarasota is probably getting

ready --

>>FRANK REDDICK: Did you offer Hillsborough County, offer

incentives to expand?

>> We lowered -- well, they didn't expand, they just

renewed.

They extended their contract.

We did offer them a lower price.

>>FRANK REDDICK: A lower price.

All right.

>> They went to 4250 per camera.

>> And basically the same as you were going with the City of

Tampa?

>> No.

City of Tampa has certainly the lowest, in my region, under

$4 that you per camera.

You also have unprecedented language in the new amendment

that does not belong anywhere else -- does not exist

anywhere else in the state.




I know your legal department was adamant about having that

language in the amendment.

And it's different.

>>FRANK REDDICK: And why did you agree to that language?

>> You know, we didn't agree to everything, but she made her

case, and said we need this, and negotiation.

Nothing good, nothing bad, but you have the vote.

So they were adamant that that needed to be in thereby to

protect the city.

>>MIKE SUAREZ: Mr. Reddick, anything else?

>> That's it.

>>CHARLIE MIRANDA: Thank you, Mr. Chairman.

And these contracts, I'm sure that some were along the line

when you have a vast amount, many numbers going through not

only in dollars but in volume.

Has there ever been any type of areas where you come to

restatement of reconciliation of the facts, where there's

been money that the city says it does or the city says you

owe them money or not?

>> Yes.

We do have.

>>CHARLIE MIRANDA: Has any of that been settled?

>> It settles as a -- if there is an adjustment that needs

to be made, for example, a lot of construction, projects

going on, we did not charge during that time for those




cameras.

The other cameras that went down for construction, you

weren't being charged.

So they go on an invoice and sometimes if it happens after

the fact, it might be the month after that they reconcile.

>>CHARLIE MIRANDA: Is that in the contract when you had an

agreement on the side?

>> No, it was in the contract, and then we agree when it

goes on and there's a BEVY of reports available.

>>CHARLIE MIRANDA: One thing that bothered me is that court

cost.

If I remember the original contract, there was three party,

but only one party paid the courted you costs.

>> The court costs?

>>CHARLIE MIRANDA: Somebody appealed the decision of --

that they received a ticket, they go to court.

>>JULIA MANDELL: City attorney.

The law subsequently changed from the original contract, and

what you are speaking of is you now have to have a local

hearing officer which from the circuit court so the moneys

expended, the officers are paid by those who decide to

appeal by but ticket at the court cost or not.

We have to have some of those costs in case the appellant

does prevail.

If somebody takes it up to the UTC which is the traffic




court we all think about.

Then there are court costs associated with that.

Under the original contract there was no -- he would need

legal representation at those hearings and that's the one

thing that has changed since the original contract, because

of some of the court cases, we have had attorneys involved

in these cases no manner that we probably wouldn't have

otherwise.

That was the point to provide us with greater resources from

ATS on those issues.

>>CHARLIE MIRANDA: You have me halfway confused here.

You say "yes" or "no."

Yes, we pay for it but in essence we aren't paying for it.

People who appear before the magistrate are paying for it.

>> If they lose, they pay.

>> I imagine 99% will lose when you have it on file, you

have it on camera. So what's the amount?

They pay $158 plus?

>>JULIA MANDELL: They pay $50 in addition to the $208 as

opposed to the 158.

And that's under statute.

All of it is statutory.

>>CHARLIE MIRANDA: And that $50 is to cover what cost?

>> Cover the cost of the hearing officer.

>> How many hearings does he have a day?




>> We have a hearing I believe every Friday.

Every Friday.

About 30 hearings per week.

>>CHARLIE MIRANDA: 30.

So he makes $1500 we are paying him to sit here for an hour

or two hours?

>> Well, I think it goes longer than that because they have

30 people.

Not everybody shows up and I think the hearings typically go

about four or five hours.

Sitting downstairs on Friday afternoons.

>>CHARLIE MIRANDA: I am more now in my mind -- we used to

go straight to court.

And then the law changed and they have a magistrate.

So the people pay 158 plus when they appear, they have the

right -- this is still a free country -- to appear, it

doesn't become free anymore.

Now you have to pay, even if you don't have an attorney

representing, you have government to pay to appear before a

hearing officer?

>> No.

You pay if you lose your appeal.

If you win your appeal you don't pay anything.

>> That's like telling me if I fall out of an airplane, I

have a parachute I am not going to die.




>>JULIA MANDELL: It would be the same thing as the old

process which was the uniform traffic court proceeding,

except there are costs associated.

If you lose you pay a court cost.

It doesn't matter what kind of traffic ticket it is.

That's the uniform traffic citation, that goes to circuit

court of the so if you run -- if you get pulled over for

some reason and you go ahead and challenge or appeal, you go

to uniform traffic court and if you lose that, then you have

to pay.

And that money goes over to the clerk.

>>CHARLIE MIRANDA: So then the law changed.

We didn't do it.

The law changed.

Instead of having of a free partnership where one party pays

the total cost, we have to put that burden on top.

We don't pay.

They don't pay.

The state sure as hell ain't going to pay.

State just wants their money.

So now you have got three parties involved.

And now whoever gets the ticket comes and appears, and they

pay the additional cost.

>>JULIA MANDELL: I hope I made myself clear.

You don't have to appear.




>>CHARLIE MIRANDA: You don't it have to do anything.

>>JULIA MANDELL: You either pay your ticket.

When you receive a notice of violation in the mail you

either pay your ticket, or you file an appeal.

If you file an appeal you go to a special magistrate.

And if you lose, if you win you pay nothing.

If you lose, then you pay an additional $50 as your cost

associated with moving forward.

But that's statutory.

>>CHARLIE MIRANDA: What is troubling me is that before

that, you would go to court.

You still had to pay but the city had to go and represent

the city.

In court, now the city doesn't have to appear.

>> We never would have represented anybody in court on any

of these tickets, whether or not it's the red light camera

violation or anything else.

The only thing we had to appear has to do with some of the

court cases that have come up.

>>CHARLIE MIRANDA: If they go to court, then you still have

to pay, not them.

Meaning the other two parties.

>>JULIA MANDELL: Now I'm confused.

>>CHARLIE MIRANDA: If I get a ticket and come to magistrate

and found guilty, oh, yeah, appeal to a court and I want my




case heard by a jury or whatever.

Then who goes to court?

Who pays?

Does the city pay?

Does all three parties pay?

>> While she's checking that question, if somebody gets a

ticket, and they think they wrongly received for a variety

of reasons, and as you said, she has still pictures, has

video, you have an abundance of evidence that you would not

have otherwise if a police officer had pulled you over.

You have that evidence for your benefit.

But you can also -- I think people also called the police

department and said, hey, this is not my ticket, and he's

able to pull up the video, review it, and deal with that,

also.

At no charge.

So the evidence is overwhelming.

But there are circumstances, obviously, that they can also

look at.

It's an option.

>>MIKE SUAREZ: Corporal, before you go field goal I could

get an extension of time for this.

30 minutes would probably do it.

>>LISA MONTELIONE: Motion to extend till 12:30.

>>MIKE SUAREZ: Second by Mr. Cohen.




All in favor?

Opposed?

>>HARRY COHEN: I do have to leave at 12:30.

>>MIKE SUAREZ: Okay.

Mr. Miranda.

>> I may be able to clarify it for you.

One of my officers reviews the notice of violation.

They send it to the individual that's registered to the

vehicle.

That individual, if they choose to pay it, they pay it.

If they choose to set up a notice of violation hearing, they

select that.

They appear on a Friday afternoon.

Those court cases usually -- the length of that usually

average about two, two and a half hours.

Usually that's over three hours.

When they show up here, my officer that I have designated,

certain officers on all these cases, they sit right where

this young lady is sitting right now.

They submit their testimony.

The magistrate is the one that decides whether or not they

are guilty or innocent in the case.

All the information they have there, the video is shown, as

well as the photograph.

If they are found not guilty there is no cost for that




person.

That person can go ahead and leave F.they are found in

violation of running that red light, then they are assessed

$158 plus the 350-dollar fee.

Then they pay that.

>>CHARLIE MIRANDA: That officer is paid by us.

>> Correct.

>>CHARLIE MIRANDA: Not by any two parties.

>> That is correct.

>>CHARLIE MIRANDA: So we are taking the burden of proof in

having to come before a magistrate to prove that the burden

of proof is correct.

>> The burden of proof still lies on the officer making that

observation, that's correct.

>>CHARLIE MIRANDA: So we are paying for it and our two

partners are having lunch.

>> I'm not sure --

>>CHARLIE MIRANDA: Well, you said at lunch or something.

I understand.

>> The same thing with UTC.

The officer responds to the subpoenas because we are issued

subpoenas in traffic court.

>>MIKE SUAREZ: Any other questions?

Mrs. Capin?

Let's get to the end of this one way or another what we are




going to do.

Mrs. Capin.

>> Anything else, ma'am?

>>YVONNE CAPIN: Yes.

>> Yes, ma'am?

>>YVONNE CAPIN: Okay.

We got to the magistrate.

They decide to go to court.

Who represents the city?

An officer, no legal?

>> That is correct.

Unless there is ongoing litigation.

For just a regular traffic citation, a uniform traffic

citation, and that usually comes because they failed to take

pay their notice of violation within 65 days.

>>YVONNE CAPIN: I'm saying if they lose here and decide to

appeal to court, take it to court.

What happens then?

>>JULIA MANDELL: It's like any other traffic citation.

>>YVONNE CAPIN: I don't care about -- I'm asking --

>>JULIA MANDELL: What I am saying is nobody from the legal

department ever shows up for those.

We have the police officer that shows up.

The only thing that we have done differently with the red

light camera violations as they moved into the court versus




any other traffic citation that comes forward is given the

litigation that's going on in south Florida, down in

Hollywood, and we wanted to make sure we made enough of a

record if the case goes up that we have done our best job we

can, and we don't show up very often.

We used to show up more.

But once it's in our building it's treated like any other

traffic ticket.

>>YVONNE CAPIN: But we show up to make sure that the record

is correct, or because of what happened in south Florida?

>>JULIA MANDELL: A case came out of south Florida, we

wanted to make sure that when we had cases as a red light

camera violation under our existing contractor, that

contract is made part of the record, we have a little legal

memorandum that we prepare that we submit into the court

record, and we try and make sure that we make as good of a

record as we can.

We have a couple of cases that we have live testimony from

attorneys in our office and from other folks.

We haven't had to do that again.

But that was in order to ensure that our program could be

upheld in the event there was a challenge to it.

But that's over and above any other type of cases except

that we handle in traffic court which we don't handle cases

in traffic court.




>>YVONNE CAPIN: Thank you.

And just for the record, I have never had a red light camera

ticket.

I'm done.

Thank you for allowing me the time.

>>MIKE SUAREZ: No problem.

Okay.

I assume nothing else from staff.

What is the pleasure of council?

I don't know where Mr. Reddick is.

If you don't mind getting Mr. Reddick back in here, I assume

he might want to be here for whatever we have to do.

Excuse me?

>> I move the item.

>>MIKE SUAREZ: We'll wait for Mr. Reddick to come back here

because I would rather us figure out what the next steps are

going to be.

But thank you.

You will the maker of the motion.

Is there someone that wants to second that motion?

>>HARRY COHEN: I second.

>>MIKE SUAREZ: We have a maker of the motion, Mrs.

Montelione.

We have a second from Mr. Cohen.

Mr. Reddick, since you were sitting outside, there has been




a motion on the floor to approve the resolution.

I apologize.

I didn't want to move forward until you came back in here.

So we have a motion on the floor to approve the continuation

of the contract.

We have a second from Mr. Cohen.

Any discussion at all on that particular motion at this

time?

Mr. Miranda.

>>CHARLIE MIRANDA: The only thing legally I want clear in

my mind is this.

When you get a normal driving ticket, is the police officer

that issued the ticket does not show your case is

automatically dropped?

So I'm asking the police department this question.

If, in fact, that officer sitting here, is that the same

officer who witnessed the event the first time he saw it or

is that a different officer?

>> We have certain officers that actually attend the notice

of violation hearing.

We have certain officers that attend the UTC traffic

hearing.

The information is based on the script as well as all the

evidence, which is right in front of them.

>>CHARLIE MIRANDA: So the case is not heard in the same




mannerism, you are telling me, sir, that's handled in the

court, the officer that issued the ticket?

>> All the evidence is presented and all based off of

photographs, all based off the video.

So to have 30 different officers appear on a notice of

violation, it would be too hectic because there are

different types of office officers that actually issue these

violations.

>>CHARLIE MIRANDA: But we do that in normal traffic

situations.

>> Normal traffic citations UTC, uniform traffic violations,

that officer witnesses out in the field. This is not on

video.

He's the one who has to go and testify.

I saw this vehicle driving down the roadway, that light was

red, that person violated that by crossing over the

prolongation of the inter section.

That's a differ scenario altogether.

There's no photographic evidence.

>>CHARLIE MIRANDA: I just want to make sure that what we

are doing is 100% legal.

>>Are yes, sir, it is.

>> And it's been tested in court?

>> Yes, sir, it is.

>>MIKE SUAREZ: Mrs. Montelione, you have a question.




>>LISA MONTELIONE: I would just point out at that point in

time then you have two officers who reviewed the tape, who

saw the video, who came to the same determination.

So I would say it's more -- it's a stronger argument because

instead of having one officer who saw it and there is no

video record, you now have a video record and you have two

officers who are have reviewed it who are testifying --

>> That's correct.

And if there's an issue as far as validity of the video or

the photographs or anything else that goes along with that,

the error of judgment, we he would dismission it

automatically right then and there.

And I field calls all week long as far as I reviewed the

videos and you give them a determination right there.

If I feel there's an error made, or there could be some

question about it, I will -- the benefit always goes toward

the citizen.

They get the benefit right off the top.

>>LISA MONTELIONE: Thank you.

>>MIKE SUAREZ: Any other comment or questions before we

clear this particular agenda item?

The motion is to approve the contract continuation by Mrs.

Montelione.

It is seconded by Mr. Cohen.

Including the revisions that have been negotiated by our




staff with ATS.

That is the motion to approve the resolution.

Okay?

All right.

All in favor of that motion by Mrs. Montelione, please

indicate by saying aye.

Who is opposed?

>>THE CLERK: [Off microphone.]

>>MIKE SUAREZ: Okay.

Is that correct, everyone?

Thank you very much.

Okay.

Our next item up is item number 53, we had a 10:30 hearing

that we need to get it withdrawn.

If I can get a motion to open item number 52.

I have a motion from Mr. Miranda, seconded by Mrs.

Montelione.

All in favor say aye.

Do we have sog someone from the petitioner to ask forthwith

drawl?

Yes, sir?

>>MARTIN SHELBY: I believe legal was present and high

pressure to leave.

>>MIKE SUAREZ: I apologize, I could not hear you.

>>MARTIN SHELBY: I'm sorry.




Legal department was here and they had to leave.

And what happened is that I suggested that I would just

suggest to council that all it would take would be a motion

to accept the withdrawal.

>>CHARLIE MIRANDA: Move to have item 52 withdrawn.

>> Second.

>>MIKE SUAREZ: All in favor?

Opposed?

Very well.

We have a continuance request from the legal department on

item number 53.

>> I'll move that continuance to our October 6th meeting

under staff reports.

>> Second.

>> Second by Mr. Miranda.

All in favor?

Any opposed?

We are going to jump to number 56.

Mr. Rogero is here to talk about that particular item, if

you could, sir, before we go to Mr. Schmid on the next item.

>> Dennis Rogero, mayor's chief of staff.

Thank you for having me here today.

I'm here to respond to your request because we think this

item is a little beyond human affairs issue and ideally the

way that you run city government.




You all may or may not know that we have fully half a dozen

different methods for police to serve in this organization

ranging from taking the concerns to their supervisor up

through the chains of the director to the human resources

department.

We also have a grievance in arbitration, or arbitration

process.

We have a civil service board, as you know.

And then of course we have the abuse hotline that we are

talking about today.

I think it goes without saying but I'll say it anyway, the

mayor's highest priority, and I'm sure you all's highest

priority, that our employees are treated equitably and

fairly and that the business of the city is conducted

ethically and fairly.

So in addition to those half a dozen items, we have also

got, I guess, an unofficial way.

You know, the mayor is everywhere and talks to everyone.

I can't keep up, but I also try to get up there and talk and

take the feedback. And we are busy.

Everybody is busy.

But we follow up.

In addition to that, every year since we have instituted

this program, in 2013, all new employees go through an

orientation that includes information about what the hotline




is, and how you go about activating it.

It's not confined, by the way, to a telephone.

You can also do it on the Internet.

I lead in with this to say we think we are doing a very,

very good job.

But nothing is perfect, and no process is perfect, and

everything can be improved.

So a couple of things that we are looking at improving to

raise the profile, if you will, and get more pertinent of

this tool for the employees, is we are going to retain

everybody's e-mail, staff meetings, things like that.

We are also going to explore use some of the technologies

that we have available right now.

And we have had some very good sense on training everybody

with the Americans with Disabilities Act, training our

employees on emergency situation training, and where we can

put it on the screen, whether desktop, laptop, we can track

that you received the training and can confirm that you

received the training.

You may or may not know that information about the hotline

and it's on our internal Internet, the intranet.

But it's not the most prominent so we are going to look to

making that on our main page for employees who have a

concern, to pin that and put a telephone number or directly

at the website.




So we think we are doing well.

There are a couple of areas that we are going to improve

upon.

And I'm available to answer any questions.

>>LISA MONTELIONE: Thank you.

So thank you for re-upping your efforts, the

administration's efforts, to communicate the policy to the

employees.

And you talked about some of the training, pushes, as they

call it, to push out the training and updating policies.

And I am not sure if it is a regular occurrence, but the

whistleblower provisions, I mean, there's a lot of them

already covered in the union contract, and a lot of our

employees are union employees.

So when I was talking about the whistleblower provisions as

the ordinance which is part B of this item, my efforts were

more concerned with those who are not part of the union.

So that would be upper management, executive staff such as

yourself, the brass of the fire department and the police

department.

They are not union employees.

So oftentimes, in the case of the lower cases that we hear

about in the press or in the news, it's somebody up at the

top of the food chain who is the one that has revealed

something detrimental to the organization.




So what efforts -- I would assume the push is that you do in

training hit the rank and file.

So what is being done to communicate to the upper echelon,

the executive staff employees?

>> I see exactly where you are coming from, I think.

The training, the refreshing, if you will, of this tool is

going to be all important, whether you are covered under

collective bargaining agreement or -- up to myself.

In terms of offering protection to those employees who are

not covered by, you know, a collective bargaining agreement,

or to upper management, as you stated --

>>LISA MONTELIONE: Right.

And actually when it comes to -- or part B, the memo that we

got, or letter that we got from Mr. Morgan, the chair of the

Ethics Committee had requested that they be allowed to the

time to consider the two provisions, both the whistleblower

and -- the changes to the ethics ordinances that I had asked

for.

So I am going to -- I might as well do it now -- move part B

of this discussion to October 6th.

>> Second.

>>HARRY COHEN: We have a motion from Councilman Montelione.

Seconded by Councilman Capin to move the second part of this

discussion to October 6th.

All in favor please indicate by saying aye.




Opposed?

All right.

>>CHARLIE MIRANDA: Thank you.

So I am just talking to you now about what I had asked Mrs.

Crum and Mrs. Bauman about, is just the communication

policy.

And I think you have answered that question.

Thank you.

>>HARRY COHEN: Thank you very much.

We have one remaining item to deal with, and that's item

number 54, which is the discussion of a noise enforcement

officer.

That was Councilman Reddick's motion.

And if he's not here, he might prefer that we defer that to

the next meeting

We are going to be discussing noise on September 22nd.

So perhaps we could go ahead and just continue.

We could go ahead and just continue this.

>> I think he's in his office.

>>HARRY COHEN: I would entertain a motion to do that.

>>CHARLIE MIRANDA: So moved.

>> Second.

>>MIKE SUAREZ: I guess I'll take over now.

A motion from Mr. Miranda, second by Mrs. Capin to continue

this item.




>>CHARLIE MIRANDA: At the same time as today.

The workshop.

>>MIKE SUAREZ: Next week is a workshop, sir.

>>CHARLIE MIRANDA: The next council meeting.

A workshop the 22nd?

>>HARRY COHEN: On noise.

>>MIKE SUAREZ: Motion by Mr. Miranda.

Second by Mrs. Capin.

All in favor of that motion?

Any opposed?

Okay.

You are opposed to the continuance?

(Laughter).

>>CHARLIE MIRANDA: The police department was here for a

long time so I guess they wouldn't be opposed.

>>MIKE SUAREZ: I think we have cleared our agenda.

Any new business?

>>CHARLIE MIRANDA: Motion to receive and file.

>>MIKE SUAREZ: Motion by Mr. Cohen Miranda.

Second by Mr. Cohen.

All in favor?

Is there anyone that would like to speak at this time on

anything?

I see no one.

We are adjourned.




(Meeting adjourned at 12:25 p.m.)



DISCLAIMER:

This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.