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Tampa City Council

Thursday, September 22, 2016

9:00 a.m. Workshops



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09:04:32 >>HARRY COHEN: Good morning and welcome to our September --

09:04:35 excuse me.

09:04:36 Good morning.

09:04:37 Welcome to our September 22nd session of City Council.

09:04:44 The chair yields to Councilman Charlie Miranda.

09:04:47 >>CHARLIE MIRANDA: It is my honor this morning to represent

09:04:49 the city in presenting Mr. Steve Michelini who has been

09:04:52 doing an outstanding job five terms for the six weeks that I

09:04:58 do it in and four weeks.

09:04:59 Steve does wonderful prayers.

09:05:04 Please rise for the prayer by Mr. Michelini and remain

09:05:08 standing for the pledge of allegiance.

09:05:09 >>STEVE MICHELINI: Good morning.

09:05:12 Dear Lord, you gave us the laws to live by and yet we




09:05:18 struggle to abide by them.

09:05:20 The contract of laws with your people through the covenants,

09:05:24 you gave us that place for your people, and God of the holy

09:05:28 of holy, gave us the holy grail, the ultimate goal yet so

09:05:32 hard to reach.

09:05:33 You gave holy angels to look after us when we failed.

09:05:37 You gave us mercy, grace, strength, fortitude for your

09:05:42 divine power.

09:05:43 You have given us so many gifts and yet we struggle to live

09:05:46 in peace, to understand one another, to prosper in our own

09:05:48 right without inflicting harm on one another.

09:05:53 We ask that you provide us with your guiding light, your

09:05:57 shield of salvation. We raise up our voices through song

09:05:59 and prayer to you; we exalt every praise, every mercy, every

09:06:03 worship to you, Dear Lord, in your everlasting power and

09:06:07 glory.

09:06:07 We ask in your name that you show mercy and provide

09:06:11 protection and safe haven to all your people and in

09:06:13 particular the men and women of the Armed Forces, the fire

09:06:18 department, emergency responders, teachers and your faithful

09:06:21 elected officials, this mayor, City Council and staff.

09:06:24 We ask this in your holy name that we never forget to pray

09:06:28 and give thanks to you, almighty.

09:06:30 Amen.

09:06:31 [ Pledge of Allegiance ]




09:06:41 >> Roll call.

09:06:48 >>CHARLIE MIRANDA: Here.

09:06:51 >>FRANK REDDICK: Here.

09:06:52 >>YVONNE CAPIN: Present.

09:06:53 >>HARRY COHEN: Here.

09:06:54 >>GUIDO MANISCALCO: Here.

09:07:00 >>HARRY COHEN: Thank you very much.

09:07:02 We are going to begin this morning with our ceremonial

09:07:04 activity.

09:07:05 Again the chair yields to Councilman Charlie Miranda.

09:07:07 >>CHARLIE MIRANDA: Thank you, honorable chairman Cohen and

09:07:22 members of Tampa City Council.

09:07:22 It's my pleasure to be here to make a commendation

09:07:25 presentation by City Council to the Police Officer of the

09:07:26 Month, and the Firefighter of the Quarter.

09:07:30 When we have a fire, when we have an emergency in the house

09:07:44 or neighborhood, the fire rescue comes, they do an

09:07:47 outstanding job.

09:07:48 When we need police protection, all of these divisions are

09:07:52 there 24-7, 365.

09:07:55 I don't know where else in America you can get better

09:07:58 service than here in the City of Tampa.

09:07:59 I'm honored to be here, Mr. Chairman, to make a presentation

09:08:03 on behalf of the city.

09:08:04 But before I do that, I want to have chief Brian Dugan to be




09:08:12 here to make the presentation on behalf of the officer.

09:08:16 >> Good morning, council.

09:08:18 Bryan Dugan, assistant chief of police.

09:08:21 Today we are here for Corporal Mike Victor, as Councilman

09:08:25 Miranda said.

09:08:26 He has been employed by did police department for 27 years,

09:08:30 has been assigned to the criminal intelligence bureau.

09:08:36 It requires him to have routinely arrange his schedule and

09:08:40 just to the make sure that the mayor is able to get around

09:08:42 town safely.

09:08:43 Mike also conduct investigations related to the adult

09:08:47 entertainment industry, overseeing that the establishments

09:08:49 throughout the city, and ensure they remain in compliance

09:08:53 with Tampa laws, keep the uniform districts appraised of

09:08:58 issues that come to light and coordinate operation was

09:09:01 various components throughout the department to work with

09:09:04 CIB to address these issues.

09:09:07 Mike is a board member with the local crime stoppers chapter

09:09:10 and a member of the FBI joint terrorism task force.

09:09:14 Mike has been a member of the FBI's human trafficking task

09:09:16 force since its inception, in 2008.

09:09:21 He has facilitated an excellent relationship with the FBI,

09:09:25 and together they are proactively searching for and

09:09:29 recovering victims in these investigations of those who

09:09:33 avoid them.




09:09:34 In addition to recovering approximately 25 juveniles a year

09:09:37 in the Tampa area, the task force provides presentations to

09:09:40 the community organizations to promote awareness, and work

09:09:45 closely with nongovernmental organizations to find services

09:09:48 for those victims.

09:09:49 Just yesterday, Mike was involved in a presentation with

09:09:52 members of leadership Tampa talking about the human

09:09:54 trafficking issues that we have in our town and in our

09:09:58 state.

09:09:59 He has been instrumental in obtaining lengthy federal prison

09:10:03 sentences for several defendants and was recently recognized

09:10:06 for his work in this area by Governor Scott and attorney

09:10:08 general Pam Bondi.

09:10:10 Mike has assisted with several key investigations to include

09:10:14 assisting police department in Indiana with a murder for

09:10:17 hire case involving a suspect that lived in Tampa.

09:10:21 He worked with detectives from Indiana and our local state

09:10:24 attorney's office to conduct search warrants for that

09:10:28 residence.

09:10:29 He prepared an operational plan and device add ruse to

09:10:31 safely execute that warrant.

09:10:34 The evidence he recovered was paramount in the case in

09:10:37 Indiana.

09:10:38 He also assisted the sunny isles beach police department

09:10:43 with human trafficking conveniently in Tampa.




09:10:46 He interviewed the victims which resulted in a positive

09:10:49 identification of two suspects in south Florida.

09:10:53 Sunny isles beach department was then able to obtain a

09:10:57 warrant for that person's arrest.

09:11:00 In recognizing his professionalism, unwavering dedication to

09:11:04 duty, and outstanding work ethics, Corporal Mike Victor has

09:11:10 been selected as Officer of the Month for September 2016.

09:11:21 >> I'm where Vinny Gericitano of the PBA.

09:11:32 Joining me is Gene Haines of the Tampa PBA.

09:11:40 Mike, I want to thank you for doing a good job in

09:11:43 representing the PBA, being a member.

09:11:46 I want to present with you a PBA watch.

09:11:48 >> Dan Mathis, Jr., chief of security for the Straz Center.

09:12:00 It's a special privilege to recognize someone I had an

09:12:05 opportunity to work with in my capacity as chief of

09:12:08 security.

09:12:08 Mike has opened the line of communication between myself and

09:12:12 him when he's bringing the mayor to events at the Straz

09:12:15 Center.

09:12:16 He's always available and accommodating.

09:12:19 We are also accommodating for his needs.

09:12:21 He can reach out to me and I can reach out to him, and that

09:12:24 strengthens the bond between the Straz Center and the

09:12:27 detail.

09:12:27 And so it's my honor and privilege to invite you.




09:12:35 There's a backstage disclaimer.

09:12:37 You always come backstage but this time you can't.

09:12:41 (Laughter)

09:12:44 Tickets for you this weekend for you and yours to come

09:12:48 enjoy.

09:12:49 Thanks again.

09:12:50 Nice job.

09:12:51 >> Joe Durkin on behalf of Bright House networks.

09:12:59 It's a pleasure to present the Officer of the Month with one

09:13:02 month of Bright House services complimentary.

09:13:07 It's a personal honor that we go back a long time ago when

09:13:12 he first came on the job and I had the pleasure of riding

09:13:15 with him.

09:13:16 Great job you did.

09:13:20 >> Thank you.

09:13:24 >> Jim Carson, Bill Currie Ford.

09:13:32 We see many officers come through our dealership day after

09:13:35 day.

09:13:35 This month you stood out.

09:13:37 On behalf of the Currie family and myself I would like to

09:13:41 present you with a brand new customized Mustang.

09:13:44 >> Very nice.

09:13:48 Thank you.

09:13:49 >> Stepp's towing.

09:13:57 On behalf of Stepps towing and transport and the Stepp's




09:14:02 family I would like to present with you the use of the

09:14:05 corporate limousine.

09:14:07 And we appreciate everything you do.

09:14:08 So thank you very much.

09:14:10 >> Thank you.

09:14:15 >> Good morning.

09:14:21 On behalf of the Doubletree Airport Westshore we would like

09:14:23 to present you with a weekend stay at our property to be

09:14:29 utilized at any time, going to the Bucs game or give me a

09:14:35 call and give me a heads up.

09:14:37 >> Michael Kilgore with the Gonzmart family of restaurants,

09:14:49 a gift card to the Columbia, and Goody Goody's has been

09:14:57 around for 29 days.

09:14:59 >> Busch Gardens.

09:15:07 We thank you so much for your service.

09:15:08 You are a brave man and that resumé, that really

09:15:14 demonstrates it.

09:15:15 I hope maybe you are brave enough to ride the Fury or come

09:15:20 out to college green, but if there's anything else we can

09:15:22 do, please don't hesitate to ask.

09:15:25 We thank you and all the police officers of Tampa for the

09:15:29 good work you do to help all of us.

09:15:32 Thank you so much.

09:15:32 >>STEVE MICHELINI: I'm here on behalf of a couple of

09:15:43 different institutes that would like to recognize you, and




09:15:46 the first one is prestige photography, and they are going to

09:15:49 take your picture but it won't be a mug shot.

09:15:52 Is that okay?

09:15:54 You and your family request have your portraits taken there,

09:15:57 and they will be happy to accommodate you.

09:15:59 On behalf of CICCIO's restaurant group, breakfast, lunch or

09:16:05 dinner.

09:16:06 On behalf of Byblos cafe, you can enjoy yourself there for

09:16:10 lunch or dinner.

09:16:11 And on behalf of yummy house China bistro you can go enjoy

09:16:16 yourself there as well.

09:16:17 Congratulations.

09:16:18 Thank you very much for what you do.

09:16:19 >> I appreciate it.

09:16:22 >> Chief Dugan, you know, the mayor is out of the country.

09:16:30 I'm glad he's watching

09:16:35 I can say one thing.

09:16:36 He went to China to learn a foreign language, and he will be

09:16:40 back shortly.

09:16:41 But he gave me the keys to before he left and said whatever

09:16:47 you do, don't give them to detective Victors because he

09:16:51 wants to be mayor and I don't want any impersonation of way

09:16:54 do for the city very well.

09:16:57 But on behalf of Tampa City Council, it's my pleasure to

09:17:00 present to you the Officer of the Month.




09:17:03 And between yourself and the chief here.

09:17:06 I get demoted today.

09:17:09 It's our pleasure, we are very proud of everything you have

09:17:14 done.

09:17:14 In my neighborhood, in fact on my street you were very

09:17:17 instrumental in solving a situation that was going on and we

09:17:19 are very appreciative.

09:17:22 Thank you, Mike, for your hard work.

09:17:24 27 years.

09:17:25 27 is a bad number for me.

09:17:27 I know you are 27 service but that was the number I wore in

09:17:31 Cuba when I played baseball and they hit a home run off me

09:17:34 in the bottom of the 9th inning to win the game.

09:17:38 So I will never forget your 27 years of service.

09:17:41 Thank you very much.

09:17:42 (Laughter)

09:17:44 [ Applause ]

09:17:46 >> I just want to say that I am very thankful for receiving

09:17:53 this award.

09:17:54 It means a lot after 27-plus years of service.

09:18:00 My career has been great.

09:18:02 I have been blessed to be part of the best police department

09:18:05 in the city or in the country.

09:18:09 It's truly an honor.

09:18:11 And thanks to the chief, and Chief ward, and my captain




09:18:15 here.

09:18:15 The leadership that I have is truly instrumental in my

09:18:20 career path.

09:18:21 I just wanted to say thank you to everybody that was part of

09:18:25 this.

09:18:26 A lot of this I may have done, but I didn't do it alone.

09:18:30 There's a lot of people behind me that have assisted along

09:18:33 the way.

09:18:34 I just want to say thank you.

09:18:36 [ Applause ]

09:18:38 Cohen Mike, just a minute.

09:18:49 Councilman Maniscalco.

09:18:50 >>GUIDO MANISCALCO: I have known you the last year and a

09:18:53 half that I have been here.

09:18:54 I have always enjoyed going over to the other side and

09:18:57 having conversations and whatnot.

09:18:59 And congratulations.

09:19:01 I'm proud to call you my friend.

09:19:03 And thank you for all that you do for us.

09:19:05 >> And to give me a flashback, I thought I would be giving

09:19:12 the mayor's speech at this time.

09:19:14 For someone that stands in the shadows and truly the mayor

09:19:20 is equally passionate about human trafficking as I am and I

09:19:24 am very thankful that I am given the opportunity to work

09:19:27 these type of investigations.




09:19:29 So I just want to say thanks to the mayor and chief.

09:19:33 >>LISA MONTELIONE: Thank you.

09:19:37 So you and I have a special relationship as you are one of

09:19:41 my constituents, as the other city-wide City Council

09:19:45 members, and it's always been fun talking to you on the

09:19:50 sidelines while you were memorizing the mayor's speeches.

09:19:56 And I just wish you continued success.

09:19:59 And thank you for everything you have done.

09:20:01 You know, considering your next move, and your next career

09:20:06 path, as you say.

09:20:08 And I would be honored to assist knew anyway that I can.

09:20:12 >> Thank you.

09:20:14 And Councilman Miranda, keep my seat warm.

09:20:18 (Laughter).

09:20:19 >> Thank you, Mike.

09:20:24 >>HARRY COHEN: Councilman Miranda, I think we will move on

09:20:27 now to the presentation of the firefighter of the quarter.

09:20:29 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

09:20:33 Chief.

09:20:36 You know, we take, all of us, for granted, we take sometimes

09:20:39 even life for granted, we take what we have for granted.

09:20:44 But they don't.

09:20:45 All of them here to serve, the fire department, Chief

09:20:47 Forward and the staff, and all the support, especially the

09:20:51 firefighters, and the captain and so forth.




09:20:53 They do this on a daily basis 24/7, 365.

09:20:59 When we don't feel well, first thing you want to see is

09:21:05 paramedics coming in with their professionalism and

09:21:09 servicing and helping.

09:21:12 By the time you arrive at whatever hospital they are going

09:21:15 to, they already know what you have.

09:21:17 They are ready to prepare you, to help you out, to make your

09:21:20 life last longer.

09:21:22 And I am not saying this about this, captain Martin, but all

09:21:25 of you guys for what you do, and people getting out of a

09:21:28 car, you guys are so smart you're going in.

09:21:33 And it's an honor to be here on behalf of the city, on

09:21:37 behalf of this council, for yourself, captain Martin, Chief

09:21:40 Forward, to be here to say thank you personally and

09:21:46 respectfully to members of this council.

09:21:47 And to say thank you for what you do.

09:21:51 We see these great fire engines of different colors but they

09:21:56 are all there to help, they are all there to rescue

09:21:59 somebody, and it's an honor for me to stand here and say

09:22:02 thank you personally.

09:22:05 I will let the chief speak a minute.

09:22:07 Then we will have the presentation of the citizens who want

09:22:10 to say thank you.

09:22:12 And again thank you for what you are doing.

09:22:13 >> Chief Forward: Chief Forward, Tampa fire chief, City of




09:22:25 Tampa emergency manager.

09:22:26 We are honored to come before you on this day to recognize

09:22:30 and present to you firefighter of the quarter of the fourth

09:22:36 and final quarter of the fiscal year and calendar year of

09:22:40 2016.

09:22:41 It gives me an honor to present to you our member, captain

09:22:45 Jeff Martin, who is being now assigned to station 22-A.

09:22:50 He came on the job in 1989.

09:22:52 He was a very, very eager type of firefighter, very focused

09:22:57 individual who risked a whole lot when he got to the

09:23:02 station.

09:23:02 He just did what he was told to do.

09:23:04 He always brought a great energy, was always at the station

09:23:08 early.

09:23:09 He was a great relief person.

09:23:13 And all about firefighter professionals, love an early

09:23:17 release man.

09:23:18 When we worked 24-hour shift from 7:30 in the morning till 7

09:23:22 positive the next morning -- 7:30 the next morning, if you

09:23:26 had a very tough shift, it really enlightening and

09:23:29 refreshing when your relief person gets there 30 minutes to

09:23:33 an hour early to really relieve you and let you start kind

09:23:38 of winding down to get ready for your next shift.

09:23:42 Jeff was that type of person.

09:23:47 Charlie, he had 27-plus years with fire rescue.




09:23:52 And in fire service, we have 22 fire stations a because

09:23:58 thanks to council and our administration, our 23rd

09:24:01 station is coming in.

09:24:01 But of those 22 fire stations, not only has he filled the

09:24:12 rank of firefighter.

09:24:13 He was also promoted to driver gear and as officer of a

09:24:20 captain now promoted there as well.

09:24:23 He's also certified as a U.S. Coast Guard marine fire

09:24:27 captain as well so he's also utilized in our marine division

09:24:31 operating the multiple vehicles that we have in the

09:24:35 firefighter marine department.

09:24:37 Also with a associate degree in firefighting he has been

09:24:40 very instrumental in not only mentoring and developing our

09:24:43 new and younger firefighters that are coming on, but he has

09:24:48 that continued enthusiasm to be able to support those, reach

09:24:52 out to our community, and for Tampa Fire Rescue.

09:24:58 One of the things that I have encouraged during my

09:25:00 administration is more than just the fire areas of my

09:25:07 focused development of firefighters.

09:25:08 Not only the time on the job, the rank, the certifications

09:25:13 that they are required to do the many various jobs as a

09:25:17 professional responder, education, but how much they help in

09:25:27 the community.

09:25:28 It's more than just being a firefighter for an organization

09:25:31 but how they are giving back to the community they serve.




09:25:33 And this is one of the things that really sets Jeff apart.

09:25:40 He has actively been involved in mentoring youthful members

09:25:45 of our community.

09:25:46 For 14 years he has been a member of the dad's club and a

09:25:49 handyman at the Villa Madonna school.

09:25:52 He's also a volunteer on the dance club at the Jesuit high

09:25:57 school, also the dance club at the holy name of Academy of

09:26:02 Holy Names, and a five year volunteer chaperone for Academy

09:26:06 of Holy Names in their mission program.

09:26:11 He's also volunteered not only on the chaperone program but

09:26:15 you can look at him, he's a handyman so he works with what

09:26:22 they do to maintain that facility, to maintain oh, better

09:26:31 education for the youth that attend that school as well.

09:26:33 But for this and so many other reasons that's why captain

09:26:37 Jeff Martin has been considered and nominated from Tampa

09:26:40 Fire Rescue as our fourth firefighter of the quarter.

09:26:45 [ Applause ]

09:26:46 >> Steve Suarez, president, firefighters local 754, and Bill

09:26:58 Cowell, secretary treasurer.

09:26:59 Jeff, on behalf of 754 and your family at Tampa Fire Rescue,

09:27:06 we are proud to present you with this plaque, Firefighter of

09:27:06 the Quarter, and since you are a handyman, a gift card to

09:27:08 Lowe's.

09:27:09 >> Council, I would be remiss if I did not acknowledge that

09:27:17 Jeff brought with him his lovely wife, his son, his father




09:27:22 and mother, and his sister, also.

09:27:29 All of those are with him this morning as well.

09:27:31 >>HARRY COHEN: Welcome and congratulations all of you.

09:27:33 >> Dan Mathis, Straz Center.

09:27:39 Captain Martin, thanks for not only -- you know, we know

09:27:45 what firefighters typically do as regular citizens of the

09:27:49 community.

09:27:49 But what we do not know is that community outreach that's

09:27:54 involved in the community.

09:27:55 And I'm sure those individuals that you impacted by doing

09:27:58 that, that says a lot as far as what Chief Forward produces,

09:28:06 and envisions in our City of Tampa fire department.

09:28:09 On behalf of the Straz Center, we would like to invite you

09:28:13 and your lovely wife out to the illusionist.

09:28:17 Make sure you leave your small change and telephone in the

09:28:22 car because it may disappear.

09:28:23 Thank you for all that you do.

09:28:24 >> Jim Carson, Bill Currie Ford.

09:28:28 We appreciate on behalf of the Currie family, myself, would

09:28:34 like to give you a customized Mustang.

09:28:39 Congratulations again.

09:28:40 >> Thank you.

09:28:41 >> Stepps Towing.

09:28:49 On behalf of the Stepps family, transport, we would like to

09:28:53 present you with use of our corporate limousine.




09:29:01 And bass pro shop to have a little fun.

09:29:04 Thank you for everything you do.

09:29:05 >> Congratulations.

09:29:11 On behalf of the Doubletree, a few cookies, and of course we

09:29:14 have a weekend stay.

09:29:16 Give us a call.

09:29:17 My card is in there.

09:29:18 We'll make sure we take care of you.

09:29:20 Thank you for everything that you do.

09:29:21 >> Can we have your name for the record, please?

09:29:24 >> ASA Thomas.

09:29:25 >>HARRY COHEN: Thank you very much.

09:29:27 >> Joe Durkin again on behalf of Bright House networks.

09:29:37 Congratulations.

09:29:38 A great representative of an outstanding fire department.

09:29:41 Thank you for all you do.

09:29:44 I present you with three months of all of our services, high

09:29:49 speed, video.

09:29:53 >> I appreciate it.

09:29:54 >> Good morning.

09:29:57 Busch Gardens, Adventure Islands.

09:30:00 Captain Martin, thank you for your service.

09:30:04 You are an outstanding individual.

09:30:05 We have a really good relationship with the fire department.

09:30:08 We really rely on fire rescue a lot,




09:30:22 We appreciate so much what you do and we hope you will come

09:30:25 out to the park with your family as well and enjoy it at

09:30:29 your leisure.

09:30:31 Thank you very much.

09:30:31 >> Michael Kilgore, Gonzmart family of restaurants.

09:30:36 Thanks for all you do for you and your family.

09:30:39 We have a gift card for the Columbia at any of our seven

09:30:42 locations in Florida and Goody Goody in Hyde Park Village.

09:30:48 Thank you so much.

09:30:49 >> Captain Glen [background noise] Tampa Fire.

09:30:53 I also serve as chair of the Tampa fire awards committee.

09:30:56 Captain Martin, we would like to congratulate you on this

09:30:59 selection.

09:31:00 As you know, our banquet will be at the Tampa Marriott

09:31:03 waterside; it will be October 15th of this year.

09:31:06 We would like to give you a free night's stay for that night

09:31:10 for the banquet and we also have partnered and would like to

09:31:15 present you with dinner for two.

09:31:17 Congratulations.

09:31:17 >> Thank you.

09:31:23 >>STEVE MICHELINI: I don't have a bag big enough for this

09:31:28 stuff.

09:31:28 The chief is going to help me.

09:31:31 The chief says he likes these gift certificates for lunch

09:31:35 and dinner.




09:31:35 He's going to hang around to make sure things are safe.

09:31:40 Steve Michelini here on behalf of a couple of corporations.

09:31:43 One is Prestige Photography.

09:31:45 They are going to provide you with a gift package so you can

09:31:49 have your portraits taken for you and your family, from the

09:31:53 Ciccio breakfast group for lunch or dinner, and Byblos cafe.

09:32:03 You can go have dinner.

09:32:04 But I heard the chief likes Mediterranean food.

09:32:07 Don't go to this one with the chief.

09:32:09 He likes Yummy House, too.

09:32:12 It's on Hillsborough Avenue.

09:32:13 And they are going to provide you with a gift certificate as

09:32:15 well.

09:32:16 Anyway, congratulations.

09:32:17 And we do appreciate what you do for us being out there all

09:32:20 the time, and certainly giving of your free time, giving it

09:32:25 back to the community.

09:32:25 That's tremendous, and we really appreciate it.

09:32:27 Thank you very much.

09:32:29 [ Applause ]

09:32:30 >>CHARLIE MIRANDA: Again it's my pleasure to be here own

09:32:41 behalf of Tampa City Council for all the men and women who

09:32:43 work in the Tampa Fire Department, the chief, the staff, and

09:32:46 everyone in the City of Tampa.

09:32:48 Thank you very much.




09:32:48 My only regret is that I got another number 27.

09:32:54 I didn't finish that story, but that guy hit it over 404

09:32:59 feet away.

09:33:00 Thanks so much for everything you have done.

09:33:02 And I'll think of 27 tonight when I'm asleep.

09:33:06 Thank you very much.

09:33:06 >> Wow, it's amazing.

09:33:13 It's very nice.

09:33:16 Very, very appreciative.

09:33:22 A lot of firefighters on the job.

09:33:23 Any of them are deserving.

09:33:24 I mean, we all work hard.

09:33:27 And it's great.

09:33:29 A lot of hard work is on the job.

09:33:34 I'm honored to be the firefighter of the quarter.

09:33:40 I would like to thank my district chief, chief Gilligan, for

09:33:45 nominating me and thank the board for selecting me in this

09:33:49 position.

09:33:50 I thank my family for coming here and my co-workers to spend

09:33:55 this morning with me.

09:33:56 It's very nice.

09:33:58 I have got 27 years on.

09:34:01 It's been tremendous.

09:34:04 The chief was one of my captains when I first came on.

09:34:08 Man, were we busy at station 5.




09:34:12 But it's been good.

09:34:15 I have enjoyed it.

09:34:21 I don't know what to say.

09:34:26 I hope I did my job.

09:34:28 You know, I have a lot of training from good firefighters

09:34:31 and drivers and captains and chiefs, and I hope that I have

09:34:35 done the same thing with them, training the new employees

09:34:39 and firefighters as they come on.

09:34:45 Fortunately next year I retire.

09:34:47 And kind of sad because we built such a camaraderie at the

09:34:51 fire house.

09:34:51 And it's really a second home.

09:34:56 I have got so many years there, and I am going to miss it.

09:35:02 So I really appreciate everything that was done here for me

09:35:06 today.

09:35:07 Thank you.

09:35:08 [ Applause ]

09:35:19 >>HARRY COHEN: Congratulations.

09:35:22 Your spirit and your sense of camaraderie of the colleagues

09:35:27 come through in everything you said.

09:35:28 We really appreciate it.

09:35:29 Thank you.

09:35:31 All right.

09:35:34 We are going to move on now to our regular agenda.

09:35:38 First we are going to have public comment on items 1, 2 and




09:35:42 3.

09:35:43 We are doing workshops today.

09:35:45 Public comment on each of the workshop items will be held at

09:35:49 the end of the item.

09:35:50 So this period of public comment is only for items 1, 2 and

09:35:55 3.

09:35:56 I don't see any public comment on those three items so I am

09:36:00 going to move on.

09:36:01 Oh, we do have one.

09:36:09 >> Thank you.

09:36:13 Items 1, 2 and 3.

09:36:27 >> Ed Tillou: Okay.

09:36:51 I'll talk about 3 in a second.

09:36:56 With respect to 6, the noise --

09:36:58 >> Sir, we are not taking comment --

09:37:01 >> I won't, but I spoke about noise at a past meeting and

09:37:05 didn't get a chance to finish.

09:37:07 >>HARRY COHEN: You will have an opportunity to speak about

09:37:07 noise during public comment a --

09:37:09 >> But I might not be able to stay.

09:37:12 >>CHARLIE MIRANDA: Makes no difference.

09:37:14 >>HARRY COHEN: This is items 1, 2 and 3.

09:37:17 >> I don't think any of you understand that, that

09:37:19 Channelside is getting a thousand times the noise that the

09:37:23 people in Hyde Park are.




09:37:26 Now, I think that's an important thing.

09:37:27 >>HARRY COHEN: Sir.

09:37:30 >> Ed Tillou: Okay.

09:37:32 Item 3.

09:37:33 Okay.

09:37:34 What goes with that is this.

09:37:38 I made a mistake in something I said in the past.

09:37:42 I said this is Samuel Langly, designed the aircraft that I

09:37:52 researched lately, and this kind of went off a catapult,

09:37:55 fell into the river.

09:37:56 So he didn't do very well with that but he was an

09:37:59 astronomer.

09:38:00 One of the things he came up with was infrared.

09:38:03 And I have it all underscored there in highlight.

09:38:06 And infrared and the other factors.

09:38:12 He had a barometer.

09:38:15 And the consequence of that, the global warming has been

09:38:20 known since 1900s and nothing has been done about it.

09:38:24 And now the check is coming due.

09:38:27 Now, this is talking about HUD funds.

09:38:36 Now I said it's 12 feet a year.

09:38:40 So when you go downstairs, look at the pictures.

09:38:44 Look at the pictures of the buildings and things.

09:38:48 And that's a century and it doesn't seem that long ago and

09:38:55 that's in the future and probably is worked into these




09:39:04 funds, and the sea level will be coming over the seawall

09:39:07 here.

09:39:07 Forget about the Riverwalk.

09:39:09 So that is item 3.

09:39:13 And Samuel Langly's contribution to that, that nobody did

09:39:20 anything about.

09:39:21 (Bell sounds)

09:39:22 But as I say, I did some research.

09:39:26 And I found my second cousin's business was wiped out by a

09:39:32 hurricane in his obituary, so people there do have a sense

09:39:36 of that.

09:39:36 So when I tell them that it's not just -- it's just about

09:39:42 every elected official is in denial about global warming,

09:39:45 sea level rise, et cetera, et cetera.

09:39:48 (Bell sounds).

09:39:49 >>HARRY COHEN: Thank you.

09:39:50 Is there any other public comment on items 1, 2 and 3?

09:39:53 I don't see any.

09:39:54 Councilwoman Montelione, would you please take item number

09:39:57 3?

09:39:58 It is under your committee.

09:39:59 Thank you.

09:40:01 Councilwoman Montelione?

09:40:04 Would you please take item number 3?

09:40:06 It's under your committee's jurisdiction.




09:40:08 >>LISA MONTELIONE: No.

09:40:09 >>HARRY COHEN: No?

09:40:12 >>LISA MONTELIONE: No, I am teasing you.

09:40:14 I move resolution approving agreement templates to be used

09:40:18 by the housing and community development division of the

09:40:20 City of Tampa for disposition of U.S. department of housing

09:40:23 and urban development grant funds in the manner approved by

09:40:28 HUD and authorized by this City Council, authorizing the

09:40:31 mayor to execute and the city clerk to attest said

09:40:35 agreements without further approval of City Council,

09:40:37 providing an effective date.

09:40:38 >>CHARLIE MIRANDA: Second.

09:40:41 >>HARRY COHEN: We have a motion and second.

09:40:43 All those in favor?

09:40:44 Opposed?

09:40:45 All right.

09:40:45 Thank you.

09:40:46 >>LISA MONTELIONE: I have to have a little fun with you

09:40:48 today.

09:40:48 >>CHARLIE MIRANDA: Move to open the workshop, Mr. Chairman.

09:40:52 >>HARRY COHEN: We have a motion and second to open the

09:40:55 workshop.

09:40:55 Please indicate by saying aye.

09:40:57 Opposed? Thank you very much.

09:40:58 We are going to move to item number 4, which is our workshop




09:41:03 on the equal business opportunity advisory council

09:41:07 recommendation.

09:41:10 And then we'll move into part B of that workshop an part A.

09:41:21 >>GREGORY HART: Manager, small business minority business

09:41:23 development office.

09:41:25 I have a few slides that I will refer to.

09:41:30 And in essence open the discussion on this workshop for the

09:41:34 city's ordinance.

09:41:35 I think what I will do is hand you copies of ever and ask as

09:41:45 best you can. Don't read ahead of me.

09:41:50 If I could have the overhead projector activated.

09:42:25 Again the motion was to begin conversation with council,

09:42:43 with EBOAC committee.

09:42:56 It's helpful when beginning discussions such as this to give

09:42:59 you some background and some history as to where a

09:43:03 particular program is and has been.

09:43:07 So with that I am really going to provide some comments that

09:43:10 give you an overview.

09:43:19 The city's ordinance, as a matter of fact, the purpose and

09:43:41 intent of our ordinance was one to facilitate equal

09:43:46 opportunity for small and minority businesses in government,

09:43:49 contract, procurement.

09:43:50 Secondly, intended to codify a framework for ethnic and

09:43:56 gender conscious programs that will ensure city's compliance

09:43:59 with rulings set forth by, A, the Supreme Court, and, B,




09:44:04 controlling case law from the PROGENY of federal district

09:44:10 and appellate courts.

09:44:11 Third it was designed to institutionalize a legally

09:44:16 defensible process that will depoliticize the formulation of

09:44:19 program policies and initiatives as to how we implement and

09:44:22 operate the programs.

09:44:39 It's founded and driven by the law.

09:44:41 And the Supreme Court and lower court rulings that govern

09:44:44 how we craft our ordinance now implemented.

09:44:48 The U.S. Supreme Court's ruling in the city of rich man

09:44:53 versus frozen.

09:44:59 The courts held that local government could not rely on

09:45:03 discrimination or seek racial balancing as the basis for

09:45:07 WMBE, women minority business enterprise, race-based

09:45:11 contracting programs.

09:45:13 Policies proscribed on that date were prohibited and

09:45:19 unconstitutional.

09:45:21 The court also imposed new standards on how municipalities

09:45:25 utilized contracting programs to increase women minority

09:45:28 business enterprise participation.

09:45:32 Standards that the Supreme Court set in the federal district

09:45:43 court require cities to establish a factual basis of

09:45:49 underutilization of discrimination which must be

09:45:52 substantiated by competent evidence of disparity before

09:45:57 adopting local legislation to allow race conscious remedies.




09:46:00 And even those remedies are initiatives that create

09:46:04 opportunity and access to contracts.

09:46:06 They cannot be quotas.

09:46:08 The standards require local legislation, be it an orbs, a

09:46:12 resolution or whatever it may be, to be narrowly tailored.

09:46:16 For an ordinance to be narrowly tailored the government

09:46:19 entity must consider race/gender neutral solutions first.

09:46:24 That's what our small business initiative is.

09:46:28 And that's because of the size and capacity of small

09:46:32 businesses is due to challenges that women and minorities

09:46:35 face regardless of ethnicity.

09:46:37 Those standards mandate use of methodology, metrics and

09:46:41 analytics to determine disparity and hence provide the legal

09:46:45 basis to implement narrowly tailored race conscious remedies

09:46:49 when applicable to that promote increased WMBE

09:46:53 participation.

09:47:04 Let me give you a little background in terms of how we got

09:47:07 to the current ordinance.

09:47:08 The City Commission, a disparity study in fiscal year 2005.

09:47:14 We retained a national company, Mason Tillman and

09:47:19 associates, a national policy firm, and the disparity

09:47:24 studies all across the country.

09:47:26 The cost of that study was approximately $246,000.

09:47:30 That study was completed in fiscal year 2007.

09:47:35 The study essentially revealed that there was no disparity




09:47:39 in subcontracting.

09:47:42 There was marginal disparity with prime contracts at a

09:47:46 procurement level of $500,000 and less.

09:47:50 Therefore, there was no legal basis for a mandatory ethnic

09:47:53 and gender specific contract goals program.

09:47:55 In other words, we were not on firm ground with women and

09:48:00 minority business initiatives that were race conscious

09:48:03 driven.

09:48:04 And more importantly the primary recommendation included

09:48:07 development of DMI, which is the diversity management

09:48:11 information system required to do the data collection that

09:48:14 the courts stipulate.

09:48:16 >>HARRY COHEN: Councilman Montelione has a question.

09:48:20 >>LISA MONTELIONE: Well, yes, the question that I am

09:48:25 looking at City of Tampa equal business opportunity program

09:48:28 supplement to fiscal year 2011 annual report, January 2012.

09:48:35 I think you provided it to me shortly after it was done,

09:48:38 sometime in early 2012.

09:48:40 And on page 8, it assume rises the study from 2008 to 2088,

09:48:49 African-American contracts equals 1.52% and Caucasian male

09:48:55 contracts is 94.67%, and all the other Hispanic Caucasian

09:49:01 female and Asian Americans are .07, 1.68 and 2.06.

09:49:10 And then in the next page where it has all industries, city

09:49:17 prime contracts, similar disparities, 95.39% Caucasian and

09:49:24 1.42, 1.84 for Hispanic, American contracts, and from was




09:49:31 1.29.

09:49:35 So I'm a little confused as to the numbers.

09:49:40 And those are the 2008 to 2011 numbers.

09:49:46 And I'm looking to see.

09:49:49 And I guess that's what we were provided as of the 12

09:49:55 update.

09:49:57 The appendix page 27, construction related services,

09:50:01 participation analysis, it has Caucasian males at 25.79,

09:50:06 minority and women business enterprise total 25.16, but

09:50:11 African-Americans only 5.03.

09:50:16 Percent.

09:50:19 >>GREGORY HART: Okay.

09:50:20 >>LISA MONTELIONE: So it seems like after the analysis of

09:50:22 2012 we see quite a difference.

09:50:24 >> I think I am going to address some of that in terms of

09:50:27 the presentation I am making.

09:50:30 >>LISA MONTELIONE: Okay.

09:50:32 Make sure you touch upon that.

09:50:34 Thank you.

09:50:35 Heart Hart we will.

09:50:37 The screen before you right now is simply a presentation,

09:50:41 illustration, of the process which not only does that we

09:50:48 ourselves developed in terms of running a small business

09:50:51 initiative first and foremost and determining the facts

09:50:57 essential to women and minority firms are participating.




09:51:00 That's the DMI.

09:51:01 And then of course we do a disparity analysis.

09:51:05 If there is no significant disparity underutilization, you

09:51:11 can continue at your discretion to run your SLBE program, if

09:51:17 there's disparity that exists, we do consider the data and

09:51:22 have it reviewed for legal sufficiency and then we

09:51:26 initiative remedies to begin addressing the

09:51:30 underutilization.

09:51:40 This slide in terms of chronology and background, we will

09:51:44 begin to get, I believe, at what Councilman Montelione was

09:51:48 referencing.

09:51:49 The ordinance that's currently in effect was enacted in July

09:51:53 2008.

09:51:54 The city retained the services of Colette-holt and

09:52:03 associates to determine legal efficiency.

09:52:09 Holt and associates is an expert litigation firm. The

09:52:11 general counsel, national association that conducts and

09:52:14 determines the sufficiency of disparity studies and they

09:52:19 have gone through several federal cases to litigate, protect

09:52:25 cities and elected officials from suit.

09:52:29 The ordinance provides the SLBE program suggested by the

09:52:33 courts which is an neutral initiative to address small

09:52:37 business participation.

09:52:39 It also provides the reinstatement criteria for having race

09:52:43 and gender and ethnic conscious remedies targeted at women




09:52:49 and minority firms.

09:52:50 The ordinance also, in accordance with the disparity study

09:52:53 and suggested judicial guidelines, we did develop a DMI

09:53:00 system and program which addresses methodology, metrics,

09:53:04 analytics.

09:53:06 That was a process that encompassed almost two years of

09:53:09 development.

09:53:13 And foremost, the ordinance specifically provides that the

09:53:17 use of ethnic and gender contract goals must be based on

09:53:21 multi-year statistical evidence.

09:53:23 And the time frame for that is between 3 and 5 years.

09:53:27 And as I previously mentioned once that's conducted, and

09:53:30 there's a legal review.

09:53:35 Again, the disparity study concluded there was no legal

09:53:49 justification for mandatory ethnic and gender based goals

09:53:52 and initiatives.

09:53:53 That was in 2007 when the study was officially submitted and

09:53:57 approved by the city.

09:53:59 Therefore the WMBE program initiative was suspended for

09:54:03 nearly four years.

09:54:04 To reinstate the WMBE program initiative the city high

09:54:07 pressure to meet strict judicial guidelines and standards

09:54:10 that the U.S. courts now apply to local government

09:54:13 contracting programs.

09:54:14 Minority business development, small business development,




09:54:17 in response to all of this information, enacted new business

09:54:21 processes to ensure comprehensive data collection and report

09:54:24 methodology that aligned with the court rulings.

09:54:28 We began compilation of our multiyear data for disparity.

09:54:35 As Councilwoman recently referenced, completed four year DMI

09:54:52 completed in fiscal year 2012.

09:54:54 The findings were submitted to City Council and EBOAC.

09:54:59 The mayor convened the internal administrative SLBE Program

09:55:02 Committee.

09:55:04 The mayor advised council of the proposed WMBE initiatives

09:55:08 that were developed based on the findings.

09:55:11 City Council scheduled public hearings.

09:55:15 I think we had -- I know we had one and possibly two.

09:55:19 And then as a result, beginning with fiscal year 2013, the

09:55:25 current and new women and minority business enterprise

09:55:31 program was reinstated with new initiatives.

09:55:50 For those of you who were signature on council at that time

09:55:55 in 2012, this is part of a package provided to you.

09:56:00 And it reflects the, and Mrs. Montelione, I believe you were

09:56:12 part of that process.

09:56:19 And in several packages that you have been provided -- I

09:56:22 know you can't read this, but the outcome of the four year

09:56:29 and reinstatement of the WMBE component resulted in these

09:56:33 initiatives and that's what we are currently programming for

09:56:38 the community.




09:56:42 So in conclusion, to help facilitate and start conversation,

09:56:50 we are in our third reporting period for the current

09:56:53 initiatives under the new guidelines and methodologies

09:56:56 established by the ordinance.

09:56:58 The judicial guidelines have been best practices, describe a

09:57:03 benchmark of executive report periods.

09:57:06 And that's done, and that's required to normalize the data

09:57:11 piece.

09:57:12 In the fifth period a complete disparity analysis of the

09:57:15 current initiatives and policies in effect will be done, and

09:57:19 that may provide a predicate for change.

09:57:27 The ordinance is sufficiently relevant to meet the strict

09:57:30 scrutiny requirements of a narrowly tailored WMBE program.

09:57:34 So in conclusion, I thought it would be helpful and

09:57:37 appropriate to give you a brief overview of where our

09:57:41 current ordinance currently stands in terms of the operating

09:57:52 deficiency and how we got to this point.

09:57:54 So with that I will entertain questions.

09:57:56 >>HARRY COHEN: Questions from council members.

09:58:01 >>FRANK REDDICK: Mr. Hart, thank you for that overview and

09:58:12 what you are trying to do to improve it.

09:58:15 But the thing that stands out to me the most is when I look

09:58:18 at the data, and I'm looking at something that you, I guess,

09:58:27 gave to all council members a package that I received, and

09:58:34 one of the things I'm noticing that we still have a problem




09:58:41 when it comes down to contracting, finding businesses that

09:58:55 provide services in the City of Tampa that are not white

09:59:02 Americans, and we still have a problem.

09:59:04 Because to Georgia back to fiscal year 11, I'm reading, the

09:59:14 data that came off of this report.

09:59:16 I go back to years 11, 12, 13, 14, 15.

09:59:28 Well, 15.

09:59:30 And these are total dollars spent on construction services

09:59:33 and goods by race and gender.

09:59:38 And when I look at you take fiscal year 2011 in construction

09:59:46 services, white Americans 27,354,339.

09:59:54 $27 million.

09:59:57 African-American construction services, $400,000.

10:00:04 And when I look at the total for the year, white Americans

10:00:11 $75,715,807.

10:00:16 From, 510,000.

10:00:21 That's a huge discrepancy there.

10:00:27 Would you tell me what is the problem that is causing these

10:00:30 numbers to be so wide?

10:00:38 >>GREGORY HART: Councilman Reddick, if I might ask, for my

10:00:41 clarity, what the document or spreadsheet you are referring

10:00:44 to?

10:00:45 The one that we -- okay.

10:00:48 Okay.

10:00:51 In an effort to respond to your many questions, I would




10:00:55 first begin by making it known that that form is simply us

10:01:03 providing data as requested by the requester.

10:01:09 It has not been sifted or sanitized based on the

10:01:21 requirements in terms of how you look at data and do a

10:01:24 disparity analysis.

10:01:27 >>FRANK REDDICK: But these are actual numbers, right?

10:01:36 >> >>GREGORY HART: Actual numbers. But in what context?

10:01:40 Let me answer, I believe, your second question, that

10:01:42 information on that sheet is payment data.

10:01:47 It's like a financial report.

10:01:59 It does not necessarily reflect that contracts in 2012 are

10:02:03 not warranted and payments are still being made against that

10:02:07 contract.

10:02:08 What you are looking at are payments, okay.

10:02:11 >>FRANK REDDICK: Let me just be clear.

10:02:14 Even if they are payments, and I just take fiscal year 2015,

10:02:21 even if they are just payments, that means under

10:02:26 construction services, you paid white Americans $17,023,951.

10:02:37 That's what you paid out.

10:02:40 >>GREGORY HART: The other thing I need to make you aware of,

10:02:44 the term or definition white American is inclusive of any

10:02:51 and everyone who is not certified.

10:02:53 We cannot discern with certainty the exact number of firms

10:02:58 who are actually Caucasian owned.

10:03:00 As a matter of fact, there are Hispanics and minority,




10:03:04 African-American firms in that number.

10:03:07 We have firms in the community -- I can cite a couple but I

10:03:11 won't call them out -- Hispanic owned that are clearly 100%

10:03:15 Hispanic owned that are not certified.

10:03:18 They are no longer minority certified because they decided

10:03:22 they didn't want to for various reasons.

10:03:26 There are black-owned firms that are in that category of

10:03:30 data that are not certified.

10:03:33 So I just want to clarify that category.

10:03:42 Certainly the predominant is probably Caucasian male-owned

10:03:47 firms but it's not everything.

10:03:48 >>FRANK REDDICK: Okay.

10:03:50 So would you say --

10:03:53 >> Those are non-certified firms.

10:03:56 That's their form.

10:03:57 We simply filled it out.

10:03:58 >>FRANK REDDICK: I don't want to prolong this but let me

10:04:04 just ask you this.

10:04:05 Would you consider this data to be deceiving?

10:04:19 You have to justify how this came about, and these are

10:04:24 supposed to be actual dollars spent.

10:04:26 >>GREGORY HART: In a, the data is correct.

10:04:29 We just put them in the boxes.

10:04:31 >> Okay, these numbers are correct here.

10:04:32 >> But you are attempting to discern from that data that




10:04:35 there's some kind of disparity or discrepancy and it's not

10:04:39 that easy.

10:04:40 The methodology that has to be provided is based on the

10:04:43 available firms and the perspective categories of work and

10:04:48 how they are certified.

10:04:50 For instance you related construction services.

10:04:53 The city in the past couple of years only 5% was actually in

10:04:57 construction.

10:04:58 It went to firms.

10:05:01 The city did not perform a lot of vertical construction.

10:05:05 I mention that as one example to put into context how this

10:05:07 information needs to be reviewed and digested.

10:05:11 So it doesn't necessarily mean.

10:05:16 >>FRANK REDDICK: All right, make it simple for me.

10:05:18 You gave me this report.

10:05:20 How should I read this report to have a clear understanding

10:05:23 what the message you are trying to get out based on this

10:05:26 report?

10:05:29 And just reading it --

10:05:31 >> In those respective years and respective categories of

10:05:36 work and the categories of work, the payments the city made.

10:05:39 >>FRANK REDDICK: I think that's why the public is so

10:05:45 confused about these reports.

10:05:48 And I think that's why so many questions have been raised

10:05:53 about these numbers.




10:05:55 Because, you know, I have a difficult time understanding,

10:06:04 with all of the construction going on in the City of Tampa,

10:06:10 and when I pass by the construction sites, see contractors

10:06:20 going to work and when I get the calls from contractors,

10:06:23 saying they can't get contracts with the city,

10:06:27 Subcontractors saying they can't get contracts with the

10:06:29 city, and when I read this data, and even though you have --

10:06:36 I mean, you have a way to do what it means to interpret

10:06:47 these numbers.

10:06:47 But these are actually dollars that have been spent.

10:06:50 That's the only thing I'm saying here.

10:06:52 How you categorize it based on your category here, these are

10:06:56 actually dollars being spent.

10:06:59 >> >>GREGORY HART: That's why we make every effort to

10:07:03 distill some of the complexities of what we are required to

10:07:05 do in documents like this.

10:07:08 But, sir, I don't disagree with you in terms of all of the

10:07:12 construction occurring within our city, but I have to ask

10:07:16 myself as I do the general public interested in our program,

10:07:21 just how much of that construction is actually under the

10:07:24 city's purview.

10:07:27 I can't tell you how many times we have a contract with a

10:07:29 certified company calls or coming to our office with issues,

10:07:34 and when we do our due diligence it's not even a city

10:07:38 contract, it's a county, a state, or school or someone else.




10:07:41 But nonetheless, there's a lot of construction.

10:07:43 >>FRANK REDDICK: And my last question to you is this.

10:07:46 If I look at fiscal year 2011, the first report, whether

10:07:54 it's certified or not, 35 vendors, $75 million paid to white

10:08:00 Americans.

10:08:03 510,000 paid to African-Americans.

10:08:07 4,535 paid to Hispanic Americans.

10:08:12 Asian Americans got 22,000, and women got 649,899.

10:08:22 If I do the percentage based on these numbers and these

10:08:24 categories, and you compare, the percentage would not look

10:08:35 good.

10:08:37 >>GREGORY HART: And not good based on what?

10:08:38 What is the reference? How should it look?

10:08:42 Again --

10:08:43 >>FRANK REDDICK: We are saying that -- you know, Perry

10:08:45 Harvey used to say this when he was on City Council.

10:08:54 Provide me the same economic opportunity that is the makeup

10:09:03 of the city's population.

10:09:04 When I look at these dollars, and these numbers are less

10:09:10 than 15% of the African-American population or 25%, whatever

10:09:14 it is, and Perry Harvey -- I don't know if Charlie -- -- and

10:09:28 it was embarrassing all these years that he has been on

10:09:32 council, and after he left the council, and I see 6, 7, 8%.

10:09:42 >>GREGORY HART: I am with you 100% there.

10:09:44 My family has a minority-owned business.




10:09:48 We are prohibited from assuming and executing initiatives

10:09:57 only on the basis of population equity.

10:10:00 It is unconstitutional to do racial balancing just on the

10:10:05 basis of population being 30% black or 35% Hispanic,

10:10:12 et cetera, when in fact the businesses within that

10:10:19 population are not representative of the actual population.

10:10:21 It has to be from a fundamental basis looked at in terms of

10:10:26 what other small minority businesses in your marketplace --

10:10:30 and even marketplace has parameters, and then what are the

10:10:35 specific traits?

10:10:38 That's the availability benchmark, if you will, denominator

10:10:44 that you have to use, if that helps a little bit.

10:10:47 But I'm there with you 100%.

10:10:49 >>FRANK REDDICK: Okay.

10:10:50 And chair, if you will give me one more question.

10:10:53 And I don't want to prolong this.

10:10:55 But tell me, what are you recruiting to, to reach out?

10:11:02 I don't know how many staff personnel that you have working

10:11:05 underneath, but --

10:11:07 >> We have been cut 6% since the austerity measures.

10:11:11 >> Say that again.

10:11:13 >> We have been cut back 50% as most of our departments have

10:11:16 been when the disparity measures went into effect when the

10:11:20 economy turns. So we are making the best with what we have.

10:11:24 >>FRANK REDDICK: Okay.




10:11:25 But my final question is, what is your recruiting method for

10:11:34 reaching out to minority and businesses?

10:11:40 Hart heart we work in concert with all of --

10:11:44 >>GREGORY HART: We work in concert with all of our partners

10:11:46 in the community, USF, we hold workshops, we recruit known

10:11:51 firms that have come to our attention as being small.

10:11:55 We use the institution, Hillsborough County community

10:11:59 college, et cetera, and reaching out and collaborating with

10:12:03 our partners to make everyone available of the need to get

10:12:07 certified with not only the city, but the county, and

10:12:11 Pinellas, and the city of St. Pete.

10:12:13 They all work in the same jurisdiction.

10:12:14 So we are doing all of that and then some.

10:12:18 >>FRANK REDDICK: Thank you, chair.

10:12:20 >>HARRY COHEN: Councilwoman Montelione.

10:12:23 >>LISA MONTELIONE: I know, Mr. Hart, that your staff was

10:12:26 gutted.

10:12:27 Because when I was working for our business you had a full

10:12:35 staff.

10:12:35 You had people working and now I know you are working

10:12:38 with -- you do the best you can with the people that you

10:12:40 have, and the resources that have been allocated.

10:12:44 But you and I also had conversations back in '11, 12 and 13

10:12:52 about, you know, my experiences were that you filled out the

10:13:00 paperwork, you became certified, and then you, through our




10:13:07 system, which a lot of different municipalities and

10:13:13 government news, you get e-mail notifications of what

10:13:15 contracts are coming up.

10:13:17 And beyond that, that was with the smaller staff that you

10:13:24 had that was about all that you can accomplish, is to get

10:13:28 people certified and make sure they knew of the

10:13:30 opportunities.

10:13:34 There wasn't, you know, training, there wasn't, you know, in

10:13:38 this article that you gave us, there's a statement that this

10:13:45 one particular contractor got help with renegotiating a

10:13:49 contract because as a small business she couldn't keep up

10:13:55 and was getting overwhelmed.

10:13:57 And that's the kind of hand holding that you and I had

10:14:00 talked about several years ago, that some of the companies

10:14:03 do need, especially when you are a small business, you are a

10:14:07 minority business, you are up against, you know, such larger

10:14:11 businesses.

10:14:12 You need that extra hand holding.

10:14:14 So we were referring out to different nonprofits, not that

10:14:20 we had a direct partnership with them, but, you know, the

10:14:25 Hispanic businesses, the small business unit over at USF,

10:14:32 and you mentioned HCC.

10:14:40 But if we wanted to be truly partners with the small

10:14:46 business minorities, and the mayor, all of us talk about how

10:14:49 the City of Tampa is a paella and how we pride ourselves on




10:14:54 diversity but the numbers that we are seeing don't prove out

10:14:58 that we are putting our money where our mouth is, so to

10:15:02 speak.

10:15:04 So there's a lot of work to be done as far as giving you the

10:15:08 tools that you need to further the businesses.

10:15:19 Some of them don't even know that they can get help.

10:15:22 But sometimes the help is getting certified and having the

10:15:27 e-mails.

10:15:28 It's not, you know, an all-encompassing program that we as a

10:15:32 city perform.

10:15:33 We rely on our nonprofits both in the general public.

10:15:39 While legally, you cited Constitutionally we can't isolate

10:15:46 by population.

10:15:49 This program is here for a reason, because there was a

10:15:53 disparity.

10:15:54 And, you know, the numbers, when you are explaining on the

10:16:00 forum that in the white American category there may be black

10:16:04 and Hispanic and women-owned businesses, but you couldn't

10:16:08 pull them out.

10:16:10 I don't know, I think a little bit of extra work and you may

10:16:14 have been able to pull those numbers out.

10:16:16 So it is a little misleading with that explanation, but I

10:16:24 can't imagine that with the historical numbers that were in

10:16:29 the report that I cited earlier, the 2012 report, that is a

10:16:36 great percentage of that number that is black or Hispanic or




10:16:41 women-owned businesses, or Asians or any other ethnicity.

10:16:45 So even just saying that maybe at most it's 3% of that

10:16:51 overall number, it still puts us way outside.

10:16:56 And the original study was done 11 years ago.

10:17:02 And we have updated it.

10:17:16 Maybe this is a question for the legal department but what

10:17:18 is the trigger for having another disparity study being

10:17:21 done?

10:17:22 >> I would say at the end of our fifth year of disparity

10:17:25 analysis data we look at the results of that data to see if

10:17:28 our current initiatives were impactful, and then --

10:17:32 >>LISA MONTELIONE: Isn't it five years, if 11 was the last

10:17:37 report, this is 2016?

10:17:39 >>GREGORY HART: Let me restate.

10:17:40 A disparity study is has a marginal difference in terms of

10:17:52 disparity analysis, okay.

10:17:55 The disparity was done in 2005, complete in 2007, which was

10:18:00 an audit, that provided us the necessary scrutiny to

10:18:06 determine if, one, the City of Tampa has the necessary

10:18:10 system and methodologies to track businesses, track them by

10:18:18 certification --

10:18:19 >>LISA MONTELIONE: Right, but --

10:18:23 >>GREGORY HART: And the system, the methodology that was

10:18:25 developed, because we were lacking by law, had to be put

10:18:31 into place for at least four years, three to five years.




10:18:36 So what I am saying to you is, yes, you are correct.

10:18:39 The study was done in 2007.

10:18:41 >>LISA MONTELIONE: Right.

10:18:43 >>GREGORY HART: It was four years the developing of our

10:18:47 system that meets the judicial requirement, four years of

10:18:52 collecting data to determine, then analyze that data because

10:18:57 of the disparity analysis.

10:18:58 >>LISA MONTELIONE: Okay.

10:18:59 But I am trying to --

10:19:02 >>GREGORY HART: And prior to 2007 was not any good

10:19:05 because --

10:19:06 >>LISA MONTELIONE: Okay, 2012 was the four years.

10:19:10 So my initial question is when can we do another -- what's

10:19:14 the trigger for doing another disparity study?

10:19:17 Or can we do it at any time?

10:19:20 Right now we can't request an audit but maybe after the

10:19:23 November election maybe we will be able to request one.

10:19:27 But how do we determine without relying on, you know, maybe

10:19:33 a form that doesn't break things down properly and without

10:19:36 relying on just, you know, the numbers you are providing.

10:19:42 When consider we do a forensic audit or have another

10:19:45 disparity study to get actual numbers to see where we

10:19:51 started from.

10:19:54 >>GREGORY HART: These are actual -- my professional --

10:19:58 >>LISA MONTELIONE: Mrs. Mandell will address it.




10:20:00 >>JULIA MANDELL: City attorney.

10:20:03 From what I understand, there's no legal obligation to do

10:20:08 another study.

10:20:09 Our study is valid in perpetuity.

10:20:12 And there's no legal obligation.

10:20:21 I mean, if there's a reason to do it because we are trying

10:20:24 to change something possibly, but --

10:20:30 >>LISA MONTELIONE: What triggers the disparity study in

10:20:33 2007?

10:20:34 I mean 2005?

10:20:36 A short answer.

10:20:40 Short answer.

10:20:42 >>GREGORY HART: There was some concern that we were

10:20:47 conducting a program in a legal fashion. And we had to

10:20:54 reaffirm that.

10:20:55 >>LISA MONTELIONE: So as a firm that we were conducting the

10:20:58 department in a legal fashion.

10:21:02 What tells us that we are making headway in fairly spreading

10:21:11 city dollars amongst the paella that we have, individuals

10:21:20 and companies in this city?

10:21:23 >>GREGORY HART: That would be a disparity study done

10:21:26 internally based on the initiatives in play now.

10:21:29 If I can answer your question.

10:21:31 >>LISA MONTELIONE: But you spent like 25 minutes, half an

10:21:34 hour talking about this.




10:21:36 >>GREGORY HART: No, I was --

10:21:37 >>LISA MONTELIONE: And we are trying to get down to

10:21:41 succinct answers.

10:21:45 I'm listening to what everybody is saying here.

10:21:47 I'm listening to what the community has been saying.

10:21:50 I have listened to TOBA.

10:21:52 I have listened to the Saturday morning breakfast group.

10:21:55 I read, besides the one article that you gave us, there's a

10:21:58 lot of information that we are getting that seems to point

10:22:01 to -- and I'm the one who asks for every agenda item that we

10:22:07 are awarding a contract for to the show what the breakdown

10:22:11 is of minority on the cover sheet so we don't have to dig

10:22:15 for it.

10:22:16 I asked for that in 2011 or 12, and so far most of the

10:22:20 departments have been compliant.

10:22:22 Every contract we get shows how much we are spending in

10:22:26 minority.

10:22:26 And just from sitting here for five and a half years it's a

10:22:30 really small number of each contract.

10:22:32 Really small number.

10:22:34 And, you know, I get excited.

10:22:37 I pulled one of them and I have it here in my file.

10:22:40 Some of them are 20% which is the highest that I think I

10:22:43 have seen for individual contracts.

10:22:47 We do sometimes 100% on set aside.




10:22:50 But we are all expressing to you and to the administration

10:22:54 that we don't feel we have gotten there yet.

10:22:57 >> What would you have us do, Mrs. Montelione, that's legal?

10:23:02 Because --

10:23:05 >>LISA MONTELIONE: Well, I have asked for a head count from

10:23:08 your department, I have asked for further outreach.

10:23:10 Because you can only do what you can with the people that

10:23:12 you have.

10:23:13 I mean, they are all very good people.

10:23:15 They all work hard and they all are passionate about what

10:23:17 they do.

10:23:18 But you can't serve a city of 300,000-plus people with,

10:23:23 what, three, four employees?

10:23:25 So, you know, I have asked, and I have asked.

10:23:28 So I think that where we need to go is we need to have

10:23:34 another analysis done to show effectively where we are.

10:23:43 And none of us are satisfied with where we are.

10:23:46 So we need to have a more robust program.

10:23:50 We need to have more communication.

10:23:51 We need to have better recruiting.

10:23:53 We need to have hand holding.

10:23:55 We need to have workshops with the community coming in on a

10:23:58 regular basis, like we do with so many other things.

10:24:01 I mean, there's a lot that can be done quite frankly.

10:24:05 But I know that you are hands are tied in many ways because




10:24:09 you don't have the tools and you don't have the personnel to

10:24:15 accomplish it.

10:24:16 I mean, much in the way we started out, and we fought for

10:24:20 code enforcement, neighborhood enhancement.

10:24:22 And I saw B.J. Slater sitting here in the chambers.

10:24:27 We fought for improvement was neighborhood enhancement over

10:24:31 and over and over again, and finally we got the help that we

10:24:35 needed. So I think now maybe it's, you know, we need to

10:24:39 fight for you and get you the help that you need so that we

10:24:42 can have a more robust program and be more inclusive and

10:24:46 have, you know, numbers that have higher percentages than we

10:24:50 have currently now.

10:24:53 So, you know, I hope that we can continue to work toward

10:24:56 that goal.

10:24:59 We just passed a budget last night and there weren't any

10:25:02 additional head counts for you in that budget.

10:25:04 So there's always next year.

10:25:05 And I'm hoping for the best.

10:25:08 And maybe after I leave this dais I can help you in other

10:25:12 ways.

10:25:13 >> We would welcome you volunteering.

10:25:15 >>LISA MONTELIONE: (Laughter)

10:25:18 Absolutely.

10:25:18 >>HARRY COHEN: Thank you, Mrs. Montelione.

10:25:20 Are there any additional comments or questions from council




10:25:23 members on this topic?

10:25:24 I know that the sheet that you were both referring, to

10:25:30 Councilman Reddick and Councilwoman Montelione.

10:25:34 Anything additional?

10:25:35 >> No, sir.

10:25:38 >>HARRY COHEN: Cohen if not we are going to go to public

10:25:41 comment on item number 4 if there's anyone in the public

10:25:43 that would like to speak on item number 4.

10:25:45 Now is your opportunity.

10:25:47 I don't see anyone.

10:25:49 Yes, Mr. Reddick.

10:25:50 >>FRANK REDDICK: Just to be clear.

10:25:54 On part B, item number 4, we received that information to

10:26:03 those questions?

10:26:04 >>HARRY COHEN: I believe it was the handout that you were

10:26:07 questioning about.

10:26:08 That's actually it.

10:26:08 >>FRANK REDDICK: Okay.

10:26:10 Thank you.

10:26:10 >>HARRY COHEN: Okay.

10:26:12 Item number 5.

10:26:17 We have a memorandum off from Thom Snelling asking that that

10:26:19 item be rescheduled to October 27, 2016 workshop session.

10:26:25 >> Move to reschedule.

10:26:26 >> Second.




10:26:27 >>HARRY COHEN: Motion from Councilman Montelione.

10:26:31 Second from Councilman Capin.

10:26:36 All in favor?

10:26:36 So we will hear that in October.

10:26:38 We move now to item number 6 which is our workshop on noise

10:26:42 and decibel levels.

10:26:43 There are a lot of people in the audience that have been

10:26:45 waiting for that item.

10:26:46 And I think we are going to begin with our legal department.

10:26:50 Mr. Schmid. There are a number of presentations that are

10:26:53 going to be made this morning on this topic.

10:26:57 And before we go any further, I know that all council

10:27:07 members would like to move through them in a timely way.

10:27:11 Mr. Schmid.

10:27:13 >>Michael Schmid: Mike Schmid, assistant city attorney.

10:27:17 I will try to address item 6-A and then with regard to item

10:27:22 6-B, I would like to give a little time to code enforcement

10:27:30 and the police department to briefly address those issues.

10:27:34 >>HARRY COHEN: And we have some private individuals, and we

10:27:40 also have an opportunity to talk to EPC and then have public

10:27:45 comments.

10:27:45 >>Michael Schmid: Yes, sir.

10:27:47 With regards to just a little bit of background with regards

10:27:51 to item 6-A and the workshop that we are here to discuss the

10:27:56 decibel levels, again, I know I went through the City




10:28:00 Council in the past about the noise levels and how they were

10:28:03 set.

10:28:04 I just want to make it again clear for City Council and the

10:28:08 public that these noise levels initiated out of the 1999

10:28:15 study when a noise consultant, Dr. Seibein was used by YCDC,

10:28:25 in consultation with the city as well as Mr. Bentley, who

10:28:31 represented YCDC at the time.

10:28:34 These noise levels were set out and established back at that

10:28:36 time.

10:28:39 What I will call the downtown Ybor Channelside levels were

10:28:43 created at that time, along with the levels that were

10:28:47 created for the rest of Tampa.

10:28:49 The transcripts from the 1999-2003, 2008-9, 2013, all these

10:28:58 transcripts have been provided to City Council, uploaded as

10:29:02 part of the record for City Council when we came back before

10:29:06 you on this ordinance so that you would be able to rely on

10:29:09 those transcripts and prior testimony with respect to the

10:29:13 decibel levels.

10:29:14 We did not have a noise consultant this time around retained

10:29:20 for the purpose of studying the decibel levels because we

10:29:24 were relying on the previous decibel levels that were

10:29:27 already in place and well established in the record.

10:29:29 With that being said, we were specifically requested to look

10:29:34 at the plainly audible, any sort of recommendation at the

10:29:37 time that we presented our ordinance, we were not asked to




10:29:42 look at the decibel levels.

10:29:44 We weren't recommending any changes to the decibel levels.

10:29:46 Therefore, we relied on all the past testimony.

10:29:50 So three years has already been spent looking again at this.

10:29:55 And as I explained last time it seems that all our prior

10:29:59 studies would take extensive years to get done.

10:30:04 The ordinance that was passed last time after studying from

10:30:07 2013 to be 2016, we made our recommendation, and now we are

10:30:13 looking specifically at addressing decibel levels.

10:30:16 I would point out that not only are these decibel levels in

10:30:24 place since 1999, DEP has provided in the past also in 1999,

10:30:28 I believe they were also present in 2003, they have been

10:30:31 present along the way, expert testimony supported the levels

10:30:39 set out.

10:30:39 In fact, actually, Dr. Siebein in 1999 was recommending 75,

10:30:49 was given 85 in downtown, Channelside.

10:30:59 Council, prior to have today, and the last to second reading

10:31:03 of the ordinance, we have not seen any complaints with

10:31:05 regard to the decibel levels and enforcement of the decibel

10:31:09 levels.

10:31:09 However, now the second reading we received all of a sudden

10:31:12 a lot of complaints about the way the decibel levels were

10:31:15 set, and that's, I guess, why we are here today in part.

10:31:21 I think a lot of, from what I have participated in meetings

10:31:25 with both the SoHo business district and what I have been




10:31:27 able to try to see from Mr. Bentley's presentation to be, it

10:31:34 seems like we are getting a lot of complaints here today

10:31:37 that are going to come forward about possible issues rather

10:31:41 than actual issues that we are seeing right now.

10:31:44 So, for example, we know we have the testimony that's been

10:31:47 given to testimonying sheer incredible volume of complaints

10:31:52 throughout the entire city.

10:31:53 But when it comes down to actual enforcement of those, they

10:32:00 are usually resolved.

10:32:01 Normally a response, a warming, resolves the issue and

10:32:06 several few citations have actually been issued.

10:32:08 Many of these bars that have concerns about the ordinance

10:32:12 would also tell you that they don't have a problem with

10:32:16 enforcement.

10:32:18 The city has been working with them to ultimately achieve

10:32:21 the goal of compliance, working with them, and when you look

10:32:25 at the transcripts in '99, all the past testimony, the same

10:32:29 concerns we are hearing now have been echoed throughout that

10:32:33 time.

10:32:33 The bars in 2003 for example said these noise levels are

10:32:37 going to shut them Do them down.

10:32:39 Well, they are not shutting the bars down.

10:32:41 In 2003 they said these same decibel levels like you have

10:32:45 before you today are going to shut them down.

10:32:49 The bars are still here.




10:32:50 We are still working with them, you know.

10:32:57 One off another, we have been working with all of them

10:33:00 because ultimately, I don't think there is, you know -- we

10:33:18 are not actually seeing that.

10:33:20 What we are seeing is the ordinance and the levels are in

10:33:23 fact working to ultimately achieve compliance.

10:33:28 That's the goal that we have been working with.

10:33:32 You heard previously, the huge issue that you hear about

10:33:38 now.

10:33:43 In '99, Siebein testified flat out said one of his

10:33:48 recommendations is that bars try to achieve compliance by

10:33:53 doing sound mitigation, and what we see is that

10:33:56 recommendation in '99 when it's carried out in practice has

10:34:00 worked in helping everybody achieve compliance at a level

10:34:04 that is satisfactory, whether it's work on noise mitigation,

10:34:13 whether it's Jackson that worked on noise mitigation.

10:34:16 When we had these problems normally with bars, so that's one

10:34:25 of my things that I would just point out to you.

10:34:27 Noise ordinance is a puzzle.

10:34:33 What you see from 99 going forward, and estimation we take

10:34:37 pieces of the puzzle and put in a different piece and try

10:34:41 that for a while and see if that works and after a few years

10:34:44 we may have to come back and revisit it.

10:34:46 The history is the there, and it repeats itself, and the

10:34:50 same complaints have been brought forth to you before, are




10:34:54 being brought forth again today, are going to be brought

10:34:57 forth again in several years.

10:34:58 We don't pretend that any ordinance is going to solve the

10:35:03 noise problems.

10:35:04 What of we say is that it's a puzzle.

10:35:06 We'll continue to try to fix complaints that come about,

10:35:12 maybe try different pieces of the puzzle, till we get the

10:35:15 right balance.

10:35:16 So that's where I think, you know, we really are.

10:35:20 I think I would like to address now, then again if needed a

10:35:25 few other things that I have seen that are going to be, I

10:35:29 anticipate, heard by you, which is the way the measurement

10:35:35 is, how long a period the measurement is taking.

10:35:40 I know Mr. Bentley is proposing a much, much longer

10:35:46 measurement.

10:35:48 We, in 99, when we created this, it was, you know, 10 to 20

10:35:54 second measurement with an average.

10:35:56 Based on recommendations we have in fact increased it to a

10:36:00 30 second average.

10:36:01 That was based on a noise consultant and based on EPA

10:36:09 consultant, based on other discussions based with other

10:36:12 individuals.

10:36:12 So we followed that recommendation.

10:36:14 We brought forth a new ordinance, already been increased.

10:36:18 Now, ten minute or whatever additional period of time that




10:36:22 might be proposed, we have to consider the fact that EPC has

10:36:31 one person.

10:36:32 EPC cannot respond to 6,000 noise complaints in the City of

10:36:35 Tampa.

10:36:36 Therefore we had to always discuss how in the world

10:36:38 enforcement is going to happen, and in '99 talked about code

10:36:42 enforcement officers or police officers.

10:36:44 In '99 it was discussed that code enforcement officers

10:36:49 weren't the best ones to respond because of safety issues.

10:36:52 When they were walking up and down the streets of Ybor,

10:36:56 there were serious safety issues, many of them assaulted or

10:37:01 threatened.

10:37:02 So TPD came forward and said we recommend TPD enforcement.

10:37:06 That's where we started seeing TPD enforcing noise

10:37:09 ordinances in the City of Tampa.

10:37:10 And that's, you know, all reflected in the transcript.

10:37:14 So --

10:37:24 >>HARRY COHEN: I'm sorry.

10:37:26 You know, I am wondering, though, if we took a stop for a

10:37:31 second.

10:37:31 I'm wondering if rather than proactively addressing what you

10:37:34 are anticipating or going to come with a proposal, maybe

10:37:38 we'll hear some of the presentations and then you can come

10:37:41 back and actually answer some of the items that are brought

10:37:45 up.




10:37:47 Does that work out all right?

10:37:50 >>Michael Schmid: Absolutely.

10:37:51 Ultimately, I would just say that the city, obviously it's

10:37:56 up to City Council.

10:37:57 I'm just here trying to address any issues.

10:37:59 So I think that's a very good point.

10:38:02 >>YVONNE CAPIN: Oh, the expert is here?

10:38:17 I can address him.

10:38:19 Maybe he will just tell us.

10:38:20 >>HARRY COHEN: So we are going to hear a couple of brief

10:38:23 presentations and then we'll bring you back up and ask

10:38:26 questions.

10:38:26 >>Michael Schmid: And then would you prefer, chairman, that

10:38:29 we go ahead and address 6-B?

10:38:32 I think we can get legislators and law enforcement to talk

10:38:36 about that.

10:38:37 >>HARRY COHEN: I do believe that was Mr. Reddick's motion

10:38:39 and perhaps we'll get that out of the way and then go back

10:38:42 to 6-A if that's all right.

10:38:44 >>Michael Schmid: Thank you.

10:38:47 And one who works with the city will address some questions.

10:38:55 >>HARRY COHEN: This is the question of the noise

10:38:57 enforcement officer?

10:38:58 >> Correct.

10:38:58 Simone Savino, legal staff, concerning the noise control




10:39:01 officer --

10:39:07 >> I'm sorry, could you clarify your name again for the

10:39:08 clerk?

10:39:09 >> Simone Savino.

10:39:12 >> Thank you.

10:39:13 >> Okay.

10:39:15 So to start, the research just began with an overview of all

10:39:20 of the municipalities, and then of course some counties

10:39:24 within the state that have noise control officers codify

10:39:28 that language in their code and have a designated position

10:39:33 that speaks to this role.

10:39:36 So you can see the blue cities, the ones I called to

10:39:40 individually, spoke to on the phone, as well as I use Miami

10:39:44 Beach as kind of a control city.

10:39:46 They do not have a noise control officer in their code.

10:39:49 But they function quite effectively with their noise

10:39:53 ordinance.

10:39:54 So the three are the ones that I called and spoke with that

10:39:59 are highlighted.

10:40:00 This is the provision language within each of the cities.

10:40:05 You can see that when they define noise control officer, it

10:40:08 speaks to environmental inspectors, building and zoning

10:40:11 inspectors, and code enforcement officers, as well as sworn

10:40:17 law enforcement officers.

10:40:20 And then of course Miami Beach.




10:40:30 My next question in the survey was this letter of the NCO,

10:40:34 noise control officer, was a sworn law enforcement officer,

10:40:38 unsworn, code officer or both?

10:40:41 You can see some utilize both.

10:40:43 And then as far as Miami Beach, just sworn law enforcement

10:40:47 officers.

10:40:48 Miami Beach uses their code enforcement officers.

10:40:52 Because I think this is kind of a key aspect, you can see

10:41:05 that the ones both code enforcement officers as well as law

10:41:09 enforcement officers, they kind of have a split between

10:41:13 daytime officers and weekends.

10:41:15 And then Miami Beach, who has code compliance officer, they

10:41:20 work 24 hours a day and they are the ones who kind of get

10:41:23 out and respond to all of the noise complaints.

10:41:27 Within each of these cities, their codes are different.

10:41:35 But I believe this information will provide with you a good

10:41:40 overview of how they are functioning with this rule.

10:41:44 If you have any questions I will be happy to answer.

10:41:46 >>FRANK REDDICK: You just provided the layout.

10:41:54 What are you recommendation.

10:41:56 >> I have just done research. So as far as --

10:42:02 >>FRANK REDDICK: You did the research.

10:42:05 Who is there to make a recommendation?

10:42:07 >>Michael Schmid: I think we would have Mr. Slater and the

10:42:22 captain testify about their own departments and what their




10:42:24 thoughts are and then it would be up to City Council to

10:42:26 decide.

10:42:27 >>JAKE SLATER: City of Tampa neighborhood outreach.

10:42:37 Administrator.

10:42:38 Just as a historical background, code enforcement was

10:42:41 involved with the noise enforcement back in the 1990s,

10:42:44 back when Ybor City first actually started its large type of

10:42:51 entertainment venue.

10:42:53 We turned it over to Tampa PD back in 2003, 2004, maybe

10:43:00 because we were not set up to do it 24 hours a day seven

10:43:04 days a week.

10:43:05 Plus also we were concerned about the dangers.

10:43:10 We are not armed.

10:43:11 We don't have any type of training with regards to safety

10:43:14 issues.

10:43:17 Transportation issues.

10:43:18 And we did have several officers out there threatened.

10:43:21 So back in 2003, it was actually turned over to the PD.

10:43:26 I would actually strongly not endorse code enforcement being

10:43:31 involved in the noise enforcement process now.

10:43:36 It is not set up for it.

10:43:37 We don't have the manpower.

10:43:38 We handle about 12,000 new code enforcement cases a year.

10:43:42 We do about 26,000 type of inspections, about 45 inspectors.

10:43:50 It's just not practical to have us involved with the noise




10:43:53 enforcement currently as it is now with all of our emphasis,

10:44:00 trash and debris, that would take away from our overall

10:44:03 mission.

10:44:05 I'll be happy to answer any other questions about that.

10:44:08 >>HARRY COHEN: Any questions?

10:44:14 >>JAKE SLATER: Thank you, council.

10:44:16 >> Good morning everybody.

10:44:21 Gary moss, Tampa police.

10:44:24 I'm here to talk about a noise control officer.

10:44:29 I stated before, and a shotgun blast, shown in the Power

10:44:36 Point, over 5,000 calls a year.

10:44:38 Researching back to 2013 to 2016 currently.

10:44:42 The police department is really not at this point set up to

10:44:46 have an individual or individuals as noise control officers.

10:44:52 We have certain areas that have districts, and those

10:44:54 officers handle those complaints as they come in.

10:44:57 When I did my research to find out what it would cost even

10:45:00 if we just had one or multiple officers, a brand new officer

10:45:07 at today's salary, not including any benefits and all, makes

10:45:11 around $51,000 a year.

10:45:13 That's without benefits.

10:45:14 It shows a five year officer right around 60-K.

10:45:19 So I did some additional research and looked into the

10:45:24 actually has Community Redevelopment Agency, CRA funding, if

10:45:31 they have an officer, an environmental officer that deals




10:45:34 with strictly solid waste, illegal dumping.

10:45:37 And figure out what it would cost the CRA, and if we could

10:45:42 even manage that.

10:45:43 I did a little research in that area there.

10:45:46 A corporal or detective has an obligation to outfit that

10:45:50 officer with benefits, vehicle, uniforms, the whole nine

10:45:53 yards, pay for that, $128,000 a year, to have one particular

10:45:58 officer in that CRA.

10:46:00 So I did some additional research and find out we only have

10:46:03 nine CRAs in Tampa.

10:46:05 The area that has generally been our biggest concern is

10:46:10 SoHo.

10:46:10 I have broken down the CRAs and SoHo doesn't even have a

10:46:16 CRA.

10:46:16 So there would be no funding -- we couldn't even provide an

10:46:22 officer, don't even have one.

10:46:26 But that was my basis of that.

10:46:28 So basically, I'm waiting to hear what we are going to do,

10:46:35 how City Council moves forward, and then we will go forward,

10:46:39 and how we train officers to either, you know, we go with

10:46:46 the decibel meters or we do the 100-foot.

10:46:49 But at this point it's await and see for us.

10:46:52 But it's not feasible at this point for us to take three or

10:46:56 four or five officers, whatever I can do, and make them

10:46:59 noise control officers at this point.




10:47:04 And if there's any questions.

10:47:05 >>FRANK REDDICK: Mr. Chair, in that case --

10:47:15 >>HARRY COHEN: Discussion on that particular item and I

10:47:18 think we are going to move back to item A.

10:47:20 I know that Mr. Bentley has a presentation to give us.

10:47:26 Perhaps Mr. Michelini is first.

10:47:28 I want to make everyone aware of the time.

10:47:30 It is a quarter of eleven.

10:47:32 There are council members that have 12:00 appointments.

10:47:34 So let's try to move it expeditiously.

10:47:37 >>STEVE MICHELINI: I have provided you copies of what I am

10:47:41 going to present so if I don't get through all of them at

10:47:44 least you will have a copy for the record.

10:47:45 There's a couple of things.

10:47:47 Steve Michelini here on behalf of a couple of different

10:47:50 commercial enterprises including the SoHo business alliance.

10:47:53 First of all, the information that you are relying in your

10:47:57 ordinance upon from 1990s needs to be updated.

10:48:00 Those are old standards, old development criteria, has

10:48:04 existed since then.

10:48:05 You have had a lot of new developments that followed the

10:48:07 city guidelines and city codes.

10:48:10 This is not about bars solely. This is about any indoor and

10:48:14 outdoor activity.

10:48:15 It applies city-wide. This is not just about SoHo.




10:48:19 It involves patios, sidewalk cafes, and anything else.

10:48:23 And when the EPC sets standards up they are setting up

10:48:27 countywide.

10:48:28 That's not just a suburban area but applying those same

10:48:31 standards to urban areas needs to be reexamined.

10:48:37 We are asking that you consider raising the decibel levels

10:48:40 in the SoHo district.

10:48:41 It's a defined area.

10:48:42 It has a development district with a legal description.

10:48:45 And it has specific development regulations that remit to

10:48:48 it.

10:48:49 We are asking that you mimic those regulations and allow the

10:48:52 downtown Ybor City and the SoHo district and the overlay

10:48:56 districts to remain the same.

10:48:59 SoHo is just the beginning.

10:49:00 You have other development districts that are coming along

10:49:02 shortly.

10:49:03 Tampa Heights, Seminole Heights, West Tampa.

10:49:06 They are now beginning to have their own development that

10:49:09 are going to experience the same kind of issues, the same

10:49:12 proximity problems between commercial and residential

10:49:14 properties.

10:49:16 We are asking that you take the noise measurements from

10:49:18 inside the structures of the complaints as opposed to at the

10:49:21 property line.




10:49:22 It's not fair to have a noise measurement be made at the

10:49:26 property line when the complainant is saying they are being

10:49:30 disturbed inside their home or inside their structure.

10:49:32 We are asking that you not allow open windows for people

10:49:36 that are complaining saying that they can't sleep or they

10:49:38 are being disturbed because their windows were open.

10:49:41 That's an unreasonable expectation.

10:49:43 We are asking that you establish a chronic call program to

10:49:47 weed out calls.

10:49:48 You have established in here a public nuisance board measure

10:49:52 that you are going to take a business and put their business

10:49:55 at risk based upon the call that they are receiving and the

10:49:59 issuance of citations.

10:50:01 If you have people calling with their sole purpose is to

10:50:03 create a record of complaint and one person is doing that,

10:50:07 that needs to be weeded out and controlled.

10:50:10 We are asking that you provide warnings for those nuisance

10:50:13 callers that continue to try to establish a record based

10:50:16 upon whether the business is open or not.

10:50:18 We have had a number of occasions when businesses have been

10:50:23 called and complained about when they are not even open.

10:50:27 We ask that you remove the plainly audible standard,

10:50:30 increase the number of citations from the three to five.

10:50:34 Establish a long-term working committee so that you can look

10:50:38 at the long-term implications of the ordinance and make




10:50:41 revisions as necessary.

10:50:42 Address the sound transfers that are climatic and

10:50:46 atmospherically controlled.

10:50:48 Those things that are making noise bounce along the

10:50:51 waterfront, up and down the river.

10:50:53 (Bell sounds)

10:50:54 Can I have a couple more minutes?

10:50:56 >> Sure.

10:50:57 >> And I am going through these very quickly buff the whole

10:51:00 copy there.

10:51:02 To address these atmospheric conditions.

10:51:05 There's no provisions in the code as adopted currently for

10:51:07 that.

10:51:08 Establish a certified training program to the law

10:51:10 enforcement officers that are going to be enforcing this.

10:51:13 And in the interim, while we are still discussing changes to

10:51:16 the code, to abate this program and hold it so that it is

10:51:21 not being enforced currently until we resolve the issues

10:51:25 before council, and what exactly you want.

10:51:29 The city attorney's office has already referenced to that to

10:51:32 you a few minutes ago.

10:51:33 And remove the Nuisance Abatement Board with penalties.

10:51:36 This is an unreasonable penalty for a business, to borrow

10:51:40 money to establish a business and to operate it, and now you

10:51:43 put them at risk with their mortgages or whatever else.




10:51:45 If the value of their business is diminished you are also

10:51:50 attacking them financially.

10:51:51 Provide for an ambient background noise check, because right

10:51:56 now your ambient noise levels as measured by the sound

10:51:59 experts already exceed your 55 decibels.

10:52:03 And to hold the businesses to a designation bell rating that

10:52:06 is already in excess of that.

10:52:09 I would ask that you consider these in your evaluation, and

10:52:12 you have, as I said, the written documents before you.

10:52:16 Thank you for your indulgence.

10:52:18 >>HARRY COHEN: Councilman Miranda.

10:52:21 >>CHARLIE MIRANDA: Captain, I have a couple of questions.

10:52:23 >> Of me, sir?

10:52:26 >>CHARLIE MIRANDA: Yes, sir.

10:52:27 How many -- you have been patrolling the area with your

10:52:32 unit.

10:52:32 >> Yes, sir.

10:52:33 >> How many violations have you given out, if any?

10:52:36 >> In 2016 I believe we have only given out four for SoHo.

10:52:41 >> Yes, we are speaking about SoHo.

10:52:43 >> For 2015, do you want 2015, sir?

10:52:48 Give me just one second.

10:52:49 Give me one second.

10:52:55 Noise violation and for businesses we have given out four.

10:53:05 >> That's issued.




10:53:12 What were the results?

10:53:13 Were they worked out?

10:53:14 >> You would have to ask Mr. Schmid what happened with

10:53:18 those.

10:53:19 That I can't answer.

10:53:19 >>Michael Schmid: 13 violations in 2015.

10:53:37 >> 13 in 2015.

10:53:41 >> So there has been a dramatic improvement even though the

10:53:44 year is not finished.

10:53:45 >> Correct, sir.

10:53:47 2016, we have issued three citations in 2016 so far.

10:53:54 Compared to the 13 in 2015.

10:53:56 >>Michael Schmid: Typically what will happen is once a

10:54:02 citation is issued it can either be paid, or contested in

10:54:06 county court, if we go to county court, sometimes they are

10:54:08 resolved.

10:54:11 Or they go to a hearing.

10:54:14 >>CHARLIE MIRANDA: Let me interrupt you.

10:54:15 I apologize but I know we are under time constraint.

10:54:18 I am only asking the captain about the ones that were handed

10:54:21 out.

10:54:22 What happened to those three?

10:54:25 >>Michael Schmid: I don't have it direct right in front of

10:54:28 me.

10:54:28 >>CHARLIE MIRANDA: Did they go to court on one of them?




10:54:31 >>Michael Schmid: The majority of those that are issued get

10:54:34 wording out, resolved.

10:54:36 >> Do you know of any that go to court?

10:54:39 >>Michael Schmid: They might go to court but usually what

10:54:41 happens is we work on trying to resolve it and that's what

10:54:44 happened at Jackson's.

10:54:45 That's what happened --

10:54:46 >>CHARLIE MIRANDA: And any one that's gone to court, how

10:54:49 many have been resolved and how many actually had a trial?

10:54:52 >>Michael Schmid: I remember -- honestly, I think we went

10:54:58 to trail on one.

10:54:59 All the rest had gotten resolved one way or another or

10:55:02 worked out pretty much.

10:55:03 >>YVONNE CAPIN: One in 15?

10:55:09 >>Michael Schmid: I would say that one was in 2014.

10:55:12 >>YVONNE CAPIN: Okay.

10:55:14 >>CHARLIE MIRANDA: So we had none in 15 or 16 go to trial

10:55:18 and everything has been resolved amicably.

10:55:22 >>Michael Schmid: It's been resolved, correct.

10:55:24 >>CHARLIE MIRANDA: Thank you.

10:55:26 >>HARRY COHEN: I believe we are going to hear from

10:55:38 Mr. Bentley?

10:55:40 And just to reiterate we are going to try to move along as

10:55:44 expeditiously as possible.

10:55:45 Thank you.




10:55:46 >>MARK BENTLEY: I represent the DRG restaurant group

10:56:06 regarding the city's noise ordinance fact enacted on August

10:56:09 25th.

10:56:09 Before I get into the presentation, probably the most

10:56:12 important part of our presentation are the acoustics experts

10:56:18 out of Alachua, a renowned expert and actually worked with

10:56:23 the EPC in the Clear Channel amphitheater litigation.

10:56:26 And after the litigation was concluded actually trained EPC

10:56:31 in protocols, with their equipment and things like that.

10:56:36 I am going to try to be as brief as I can, Mr. Cohen.

10:56:39 But just a couple of comments up front.

10:56:45 Mr. Schmid suggested that the noise ordinance works.

10:56:48 Then why are you getting complaints, obviously not working?

10:56:52 Secondarily, Mr. Schmid might want to consider giving up the

10:56:56 practice of law as apparently he's clairvoyant because he

10:56:59 knows what I am going to tell you before I get up here.

10:57:04 In any event going back to 1999, I was chairman of the

10:57:08 city's noise committee at that point in time, and a lot of

10:57:11 the recommendations actually were a mirror image of what EPC

10:57:15 already had.

10:57:16 There wasn't any rhyme or reason but for the fact to be

10:57:18 consistent with EPC.

10:57:20 Let's talk about SoHo, environmental areas surrounded by

10:57:26 residential properties.

10:57:27 A lot of unusual characteristics including refraction or




10:57:30 reflection from buildings into the neighborhood.

10:57:34 Excluding Ybor, downtown, Channelside, there are now four

10:57:37 different noise levels that a business must adhere to.

10:57:41 These would be the 55, 55 after 10:00, plainly audible from

10:57:48 100 feet which is instantaneous.

10:57:50 If the officer can hear it for one second that would be a

10:57:53 violation.

10:57:54 And also the 55-65 measured over a period of 30 seconds.

10:57:59 Now let's contrasted that with EPC and their own noise rule.

10:58:04 Jurisdiction over the entire city but for a couple of

10:58:07 exceptions.

10:58:08 And what they have in different distances they measure over

10:58:12 a ten minute period, things like that.

10:58:15 So I would say this to council.

10:58:18 If one of my clients asked your staff which one of these

10:58:21 standards you consider the most restrictive, I can almost

10:58:25 guarantee you that they don't know.

10:58:28 And mainly audible from 100 feet is the most restrictive and

10:58:35 may possibly be true depending upon the circumstances, the

10:58:38 sensitivity of officers' hearing, ambient sound and the

10:58:43 like.

10:58:43 Also, looking at this from a businessman's perspective.

10:58:48 How do you design your building or pat owe to be plainly

10:58:52 audible, Ybor, Channelside, downtown, the city ordinance

10:58:56 standard, target for your property line.




10:58:59 You know as a business owner what the limits are and can

10:59:01 design accordingly and even have the ability to

10:59:03 self-regulate your regulation system.

10:59:06 It has a noise meter on-site.

10:59:08 You go over 85 you are in violation and you turn it down.

10:59:11 However, in SoHo, Seminole Heights, you don't have the

10:59:15 benefit of that.

10:59:17 It's a moving target.

10:59:19 I'll talk about this in a second.

10:59:22 We retained a noise expert with the update of this noise

10:59:25 ordinance in August.

10:59:26 It found the three areas that the expert studied, two of the

10:59:31 three, Seminole Heights and SoHo, didn't meat either decibel

10:59:36 limits in the city's ordinance nor the plainly audible.

10:59:39 That's pretty amazing.

10:59:40 Two of the three activity centers in the city, but then the

10:59:44 city goes ahead and immediately puts these areas in

10:59:46 violation in a noise ordinance.

10:59:50 So plainly audible is not realistic, simply subjective and

10:59:54 completely one sided against the business community.

10:59:58 The genesis of plainly audible, Mr. Reddick, you probably

11:00:02 know this better than anybody, there are a lot of complaints

11:00:04 from vehicles, and that's where it actually came from.

11:00:09 That's when the city first enacted plainly audible and then

11:00:12 weighed into using that as a standard for stationery source.




11:00:16 So just because something might work well and be legal for

11:00:19 detecting something from a motor vehicle it's really not

11:00:24 practical and realistic for measuring a stationery source.

11:00:30 Because the city -- this is interesting -- that every area

11:00:33 of the city that has objective decibel standards, okay, that

11:00:36 three of these areas downtown, Ybor and Channelside, that's

11:00:40 all they have.

11:00:41 There's no subjective standard.

11:00:43 DPC doesn't even have subjective standards.

11:00:47 The court ruled it unconstitutional.

11:00:49 But if the city has decibel standards, one has to assume

11:00:53 that the city's competent to do that, and is properly

11:00:56 trained, that has meters that meet industry standard, that

11:00:59 they can calibrate the meters, has in fact calibrated and

11:01:03 knows how to use them, has standard protocols in place, and

11:01:07 adjust data to account for ambient and ultimately prosecute

11:01:10 the case.

11:01:11 And that's where the rubber meets the road.

11:01:13 If the city isn't qualified to do this the regulatory scheme

11:01:17 breaks down and the ordinance is meaningless. So based on

11:01:19 what the police officer and your enforcement people said,

11:01:23 there is no regulatory scheme in place.

11:01:28 Not withstanding that it has different numbers in different

11:01:30 parts of the city.

11:01:32 In a city like Tampa, progressive city in 2016, that's




11:01:35 pretty remarkable.

11:01:38 So let's talk about plainly audible.

11:01:41 Why is that the primary basis for analyzing sound in the

11:01:45 city in initiating citations? It's based on lack of

11:01:51 confidence, no meters, no protocols, just an officer who

11:01:54 could have good or bad hearing using his designation

11:01:57 creation to determine whether a sound is plainly audible

11:02:00 from 100 feet for one or two seconds.

11:02:03 Progressive cities don't do this nor does the EPC which

11:02:06 eliminated their standards in 2004.

11:02:09 So if these other progressive cities can enforce a

11:02:12 progressive ordinance then why can't Tampa in 2018? So

11:02:16 let's come up.

11:02:17 I was involved in a lot of stuff.

11:02:19 You heard that from Mr. Schmid.

11:02:21 But in 2013, how do we come up with the plainly audible at

11:02:24 100 feet?

11:02:25 And this is very interesting.

11:02:27 I went back and looked at the transcripts.

11:02:29 The city attorney advised you in March 2013 that 100 feet

11:02:33 was defensible, and thought that, quote, looking at some of

11:02:37 these decibel readings versus what someone can hear at a

11:02:42 hundred feet that's close to your decibel level at 100 feet

11:02:45 so would be consistent.

11:02:46 So this is how the city is regulating businesses because a




11:02:52 staff member is fairly close and fairly consistent. This

11:02:55 person had absolutely no expertise in acoustics and implying

11:03:00 that 100 use is the same decibel reading at or about 55 DPA.

11:03:08 So actually when the mainly audible can actually be 15 to 20

11:03:12 DB less than 55.

11:03:14 Backing up a second, Ybor City, these other two areas with

11:03:19 the higher decibels, allows sound measured logo

11:03:25 rhythmically.

11:03:27 So actually the 55 is one sixth the sound level of the 85.

11:03:33 So in SoHo they are bound to level one fifth the same level

11:03:40 as Ybor City, Channelside, downtown, which is pretty

11:03:43 remarkable.

11:03:43 I want to talk about the city's noise expert and what you

11:03:46 did on August 25th.

11:03:48 It appears that the city relied heavily op on the opinion of

11:03:51 Mr. Michael keen in adopting this ordinance, and I have

11:03:54 given you a copy from part of the ordinance.

11:03:57 If you look at the ordinance, a major misstatement in the

11:04:01 ordinance, actually in the whereas section, where keen is

11:04:05 mentioned twice that I have highlighted, this states that

11:04:08 the city considered testimony, received a report from

11:04:11 acoustic consultant Michael Keene addressing the need for

11:04:14 plainly audible standard in conjunction with the decibel

11:04:17 standard, whereby Keene recommended based on studies found

11:04:20 that the neighborhood, South Howard, East Tampa, Seminole




11:04:23 Heights, that the city should prohibit sound which is mainly

11:04:26 audible at 100 feet or more, that such sound would be

11:04:30 unreasonably excessive.

11:04:40 It couldn't be further from the truth if Mr. Keene never

11:04:47 addressed audible and didn't conclude that the city should

11:04:50 further the sound in excess of 100 feet, but look at page 3

11:04:54 of his report.

11:04:57 He says based on the findings of his study, neither

11:05:00 significant increase nor significant decrease of 100-foot

11:05:04 distance is recommended.

11:05:05 He didn't say it should be prohibited.

11:05:08 His report also validates on page 3 --

11:05:12 And it's a very brief report, three pages -- the city

11:05:15 standards are unrealistic and not working.

11:05:18 (Bell sounds)

11:05:19 He said SoHo, when Seminole Heights areas were significantly

11:05:22 in excess of plainly audible in decibel standard as I

11:05:25 mentioned.

11:05:26 So having been provided with this information, why would the

11:05:28 city enact an ordinance that puts two activity centers

11:05:33 immediately in violation instead of coming up with a

11:05:35 reasonable sound level solution?

11:05:38 This obviously makes no sense.

11:05:39 And what did you think would happen to these areas?

11:05:43 Doing this type of thing along with your attorney, expert




11:05:47 finding in the ordinance to support the ordinance does

11:05:49 nothing to support it at all.

11:05:50 (Bell sounds)

11:05:54 To the contrary it makes it extremely suspect.

11:05:56 There's a third and fourth.

11:05:58 I don't have much time and I won't get into it.

11:06:01 As I mentioned, EPC doesn't have a mainly audible standard.

11:06:05 Used to have something very similar but our circuit court

11:06:08 struck it as Constitutionally vague and overly broad, and

11:06:13 gives consideration for commercial receiver.

11:06:15 Okay?

11:06:17 There's a higher level of a bar chasing a bar, okay.

11:06:21 Not the same as a bar facing a residence.

11:06:23 Because the EPC takes that into account, actually the

11:06:27 decibels for that is 65 versus 55.

11:06:30 Let's talk about this Nuisance Abatement Board and then I'll

11:06:32 wrap it up, Mr. Cohen, and turn it over.

11:06:38 As I mentioned, what you did on August 25th, you really

11:06:43 clean up the enforcement aspect, some confusion, several

11:06:47 criminal things, whether there's jail time, or, you know, a

11:06:54 fine associated with that.

11:06:55 And that was cleaned up.

11:06:56 And then this was put in there.

11:06:58 And I think Mr. Michelini alluded to it.

11:07:01 The ooh Nuisance Abatement Board is a remedy.




11:07:04 There are numerous methods to enforce the conduct of bars

11:07:07 and restaurants, but the city thinks for some reason it now

11:07:10 needs to subject them to closing of a business to the

11:07:13 Nuisance Abatement Board.

11:07:14 If this board deals with matters involving felonies such as

11:07:18 drug manufacturing, street gangs, prostitution and the like,

11:07:22 and not civil infractions like noise.

11:07:24 You go down this punch list in that orthopedics.

11:07:27 The only one that's civil infraction is a noise violation.

11:07:34 The arrows that the city has in its quiver indirectly or

11:07:38 directly are to enforce the noise ordinance.

11:07:40 Civil citation, injunction, nuisance statute by the city or

11:07:44 citizens, chapter 27, failure to complying with zoning

11:07:47 condition, large venues have to be a sound control plan,

11:07:51 code enforcement, chapter 27 allows revocation of a wet

11:07:54 zoning for failure to comply with the noise ordinance.

11:07:57 Chapter 27 allows revocation of a wet zoning for maintaining

11:08:00 a nuisance as defined in your code or common law.

11:08:04 Chapter 561 Florida statute allows revocation of a liquor

11:08:07 license for violation of a local ordinance.

11:08:10 So think of this.

11:08:10 If there's a disgruntled neighbor that wants to be

11:08:14 vindictive all it now needs to be do is file two verified

11:08:17 complaints, then you have to hire a lawyer and the civil

11:08:20 infraction of a noise ordinance shouldn't even be exposed to




11:08:23 that type of treatment and places the owners at enormous

11:08:27 risk.

11:08:28 During this period of attempting to come up with a

11:08:29 reasonable solution, City Council did not attempt to

11:08:33 prosecute any alleged offender through the nuisance

11:08:36 abatement board and enforce the ordinance with not the

11:08:42 plainly audible standard.

11:08:43 The next speaker is Dr. Robert Lilkendey, has a masters of

11:08:52 degree in acoustics from UF, and testified in trial on

11:08:56 behalf of the Hillsborough County Clear Channel case as I

11:09:00 mentioned, after the case was over he trained EPC on how to

11:09:03 select their user equipment and establish protocols and so

11:09:06 on.

11:09:06 Rob has been recognized as an expert in acoustics in

11:09:11 proceedings throughout the State of Florida.

11:09:12 Thank you.

11:09:15 Rob?

11:09:23 >> Would you bring up the Power Point, please?

11:09:25 >>HARRY COHEN: We are going to hear from them.

11:09:35 And then we are also going to hear from them and then have

11:09:39 public comment.

11:10:03 It's my understanding this workshop was being held to

11:10:05 discuss possible modifications to the quantitative sound

11:10:07 level limits in the noise ordinance, DBA, DBC. I am not

11:10:14 here to propose any new standard.




11:10:15 I just want to elaborate on some of the concerns we have.

11:10:15 There is a lot of uncertainty and fear frankly on the part

11:10:20 of our clients of how the noise ordinance will affect their

11:10:23 business.

11:10:26 First I want to review the noise regulations.

11:10:30 I put the requirements for the special districts up here for

11:10:33 reference, Ybor and so on.

11:10:35 I want to focus on all other areas in which SoHo would fall.

11:10:39 According to the new noise ordinance, it says must comply

11:10:49 with the following limits.

11:10:50 First sound level over 30 second-period, 65 DBA or 65 DBC

11:10:58 during daytime and 55 DBA and 65 DBC at night. 30 second

11:11:02 average at the receiving property line.

11:11:05 I have seen a lot of noise ordinances in my 20 years and I

11:11:08 can't recall any others that do not have separate

11:11:11 requirements for commercial and residential and even

11:11:12 sometimes industrial and agricultural.

11:11:15 It's interesting that they all have the same noise

11:11:17 requirements.

11:11:19 Also the second one down, sound that is considered loud and

11:11:25 raucous anytime of day is a violation.

11:11:27 One of the criteria that can be used to define if a sound is

11:11:31 loud and raucous is simply if it's plainly audible at the

11:11:34 receiving property line of the person making the complaint.

11:11:36 This means that if the complainant on any type of property




11:11:39 can hear any type of sound emanating from any other type of

11:11:43 property, any time of day, then that can be used as evidence

11:11:46 that the sound is loud and raucous and therefore a violation

11:11:49 of the ordinance.

11:11:51 Finally, there's also what we call plainly audible standard

11:11:54 that applies to 10 p.m. to 7 a.m. that says it's prima facie

11:12:00 evidence that the sound is loud and raucous and therefore in

11:12:03 violation, if it is plainly audible to the property owner

11:12:08 which is 100 feet or more from the property line of the

11:12:10 source of the sound.

11:12:12 As a consultant, I have a hard time understanding how to

11:12:16 interpret this.

11:12:16 Does that mean all of the receiving property line has to be

11:12:19 more than 100 feet from the source?

11:12:22 Or just part of it?

11:12:24 For example, let's say you have a situation where you have a

11:12:28 source on the right, you have a receiving property right

11:12:31 next to it.

11:12:32 The property is only 80 feet wide.

11:12:34 So they share a property line.

11:12:37 So is that first receiver not subject to the plainly audible

11:12:42 standard and you only use the decibel standard because they

11:12:44 are not more than 100 feet from the source of the property

11:12:48 line?

11:12:53 Skip over them and go to the next receiver.




11:12:55 What if their property is 150 feet long?

11:13:00 Their closest receiving property line is less than 100 feet

11:13:03 because they share a common property line.

11:13:05 Does this mean they are still not eligible under the plainly

11:13:09 audible rule?

11:13:10 Or can part of their property line on the other side of the

11:13:13 house is more than 100 feet away from the source property

11:13:15 line, are they now eligible to use the plainly audible

11:13:19 standard?

11:13:19 If so, where is the point of enforcement?

11:13:22 Where is audibility determined?

11:13:25 It doesn't say you measure 100 feet away from the property

11:13:28 line.

11:13:28 It says you measure from the receiving property line which

11:13:31 is 100 feet or more from the source property line.

11:13:33 So anywhere on that site would be within the receiving

11:13:36 property line.

11:13:37 Somebody again that puts you right back near the source

11:13:40 property line.

11:13:44 What kind of noise mitigation is required to comply?

11:13:48 And this means some of the other issues that mark addressed

11:13:51 which refers to plainly audible standard has to do with how

11:13:56 long does the sound have to be audible to be a violation?

11:14:02 Presumably since no length of time is given could be a

11:14:07 violation of the noise ordinance.




11:14:08 Both the EPC and Tampa noise ordinance, averaging of sound

11:14:13 when updating the standard.

11:14:14 Back in 03 and 04 the DPC ruled one maximum sound level.

11:14:20 If you received the sound level for one second it was a

11:14:23 violation.

11:14:23 They changed that to a ten minute average.

11:14:25 They felt it would make the measurement of noise violation

11:14:29 more precise and therefore more enforceable.

11:14:31 The Tampa noise ordinance removed the 10 to 20 seconds to a

11:14:35 30 second average on advice of their consultant.

11:14:37 However the plainly audible standard is essentially the same

11:14:41 use standard, occurs not averaged over time.

11:14:47 So in terms of how loud one can play music with a plainly

11:14:51 audible standard -- so I have a draft up here.

11:14:57 On the bottom of the draft graph is time.

11:15:00 That's ten minutes.

11:15:00 I recorded ten minutes music outdoors. This is for another

11:15:04 project.

11:15:04 But I'll show you the data in a second.

11:15:06 The green line you see the 55 DBA noise ordinance.

11:15:13 Now assume there's an ambient of 50 DBA at the same time.

11:15:16 And the X axis is DB.

11:15:22 So if we were using EPC, it's really one data point over ten

11:15:28 minutes so just a flat line.

11:15:30 It looks like music but that's what it is.




11:15:32 So at 52 DBA, you would be below the noise ordinance and you

11:15:37 would be over the ambient so you have to lower it

11:15:40 theoretically a couple of DBs to get it below the ambient.

11:15:45 If you use the Tampa noise ordinance, the 30 second average,

11:15:49 will be a series of 30 seconds data points when sound is

11:15:55 averaged, each 30 seconds.

11:15:56 Each one of those red squares detect connected by lines.

11:16:00 Now it looks a little more like music, a little louder, a

11:16:03 little quieter, so on, so forth.

11:16:05 So the highest level you get in 30 seconds is 54 DB.

11:16:10 That's 55, still not a violation.

11:16:12 You have to reduce it maybe 4 DB theoretically to get

11:16:18 employee the ambient background sound level.

11:16:21 But in reality what you are hearing is something like this,

11:16:24 which is where this is measured every second and we actually

11:16:28 even hear -- faster than a second, but this will do for now.

11:16:32 Now you can really kind of make out that there's the break

11:16:37 in the middle, all the peaks and valleys, how you hear the

11:16:43 music.

11:16:43 And you can see now you are over the limit but you are not

11:16:46 measuring that way.

11:16:47 But your 16 DB over the background noise.

11:16:51 You have to actually lower the volume another 16 DB to get

11:16:54 it below background noise and hope not being considered

11:16:57 plainly audible.




11:16:58 So what does that do then if you have 54, now you are trying

11:17:04 to get down to what would essentially be a 38 DBA background

11:17:07 sound level using the 30 second average.

11:17:12 So it gets a little confusing, but the point is you have a

11:17:17 quantitative limit of 55, but in reality with plainly

11:17:21 audible and music, and ambient of 50, you might actually

11:17:25 have to get all the way down below 40.

11:17:28 And so in Ybor City, you have 85, 85.

11:17:33 Over here you have essentially 55 which could also be down

11:17:37 as low as 40.

11:17:39 And this also applies at commercial locations.

11:17:41 So you off one building, bar, restaurant, club, whatever, to

11:17:46 another, you would have to meet this level.

11:17:52 So in conclusion, the one-size-fits-all approach in Tampa is

11:17:58 not appropriate especially for SoHo, which may work in some

11:18:01 parts of Tampa is not appropriate in a place such as Howard

11:18:05 with no separate requirements for residential and commercial

11:18:09 for both the plainly audible standard and the numerical

11:18:12 standard.

11:18:12 How are commercial establishments supposed to direct their

11:18:14 sound away from nearby residences if the requirements are

11:18:17 just as strict on the commercial side of their property?

11:18:21 Two completely acoustical environment for the exact same

11:18:25 restrictions of the clearly needs more attention.

11:18:27 And the plainly audible standards is problematic.




11:18:31 It's confusing.

11:18:32 It seems arbitrarily determined.

11:18:34 And it's very strict compared to the quantitative standards,

11:18:37 and why even have quantitative standard if you are going to

11:18:39 have a plainly audible standard which is certainly more

11:18:42 strict?

11:18:42 So that's all that I have.

11:18:45 >>HARRY COHEN: Thank you.

11:18:48 There are any questions or comments from council members

11:18:50 before we go back to the staff and also to the

11:18:53 representative and hear from the public?

11:18:57 Councilman?

11:18:58 >>YVONNE CAPIN: I'm curious, on this chart, the last one

11:19:01 you put up, where you had the 16 DB, what kind of volume are

11:19:11 you talking about at that level?

11:19:13 >> Well, that's a good question.

11:19:16 I was actually hoping to present you an audio presentation

11:19:19 where you could actually hear what 40 DBA sounds like in the

11:19:24 presence of music and background.

11:19:25 With all of that we would not be allowed to do that.

11:19:28 So we did not bring an audio presentation.

11:19:30 But the intention was a value to hear.

11:19:34 That it's really hard to describe in words and graphs what

11:19:36 60 DBA of music sounds like, or 70, without playing it for

11:19:42 you.




11:19:42 >>YVONNE CAPIN: So each increase by one increase it is

11:19:51 sound how much?

11:19:52 >> Actually, if I could have the presentation back up

11:19:56 possibly.

11:19:56 >>HARRY COHEN: It is up on our screen.

11:20:00 >> Okay.

11:20:07 No, I don't have the slide.

11:20:09 I was going to show you another graphic that kind of shows

11:20:12 that.

11:20:12 So every change of 5-decibels is considered a plainly

11:20:16 audible change in sound levels for most any person with

11:20:19 normal hearing sensitivity.

11:20:23 2 and 3, barely per receivable.

11:20:26 When you get to 10 DBs, that's considered a doubling of

11:20:29 the loudness.

11:20:31 Assuming the two sounds are similar.

11:20:34 The same kind of sound.

11:20:36 You turn the volume up 10 decibels you would hear that twice

11:20:39 as loud.

11:20:39 15, about three times louder.

11:20:41 20, four times louder and so on like that. It's frequency

11:20:45 dependent meaning not quite the same, a general rule of

11:20:51 thumb, to understand what human perception is and some of

11:20:55 the changes in decibel.

11:20:56 >>YVONNE CAPIN: So it increases every 5 decibels.




11:21:02 Okay.

11:21:02 So when you say two times out of three times louder, four

11:21:07 times louder, then where it began, let's say, 50.

11:21:12 If you go to 55 you are going to notice it.

11:21:14 >> Right.

11:21:15 >> You go to 60 you are going to notice that.

11:21:17 So when you have that graph up, and it went up 16 -- and

11:21:23 that's quite a jump.

11:21:25 You are sitting there, and then that's pretty loud.

11:21:29 >> But the point, if I could bring that back up, that graph,

11:21:43 all three of those are the same piece of music.

11:21:48 All three of those.

11:21:49 It's just how you measure.

11:21:50 So if there's no change in sound level there, it's just a

11:21:54 line that represents the sound in different ways, so this

11:21:58 first line represents it as a 10 minute average. This line

11:22:02 represents that music as a 30 second average.

11:22:04 This one represents more how you would hear it.

11:22:07 So with regard to plainly audible, the 55 DBA with this

11:22:15 piece of music here, but it would more than likely be

11:22:19 plainly audible and you would have to really turn it down.

11:22:23 >>YVONNE CAPIN: Thank you.

11:22:24 >>HARRY COHEN: Any other questions from council members

11:22:28 before we move on to -- we do have some representatives here

11:22:32 from the EPC.




11:22:33 And we wanted to hear from them briefly before we go to

11:22:36 public comment.

11:22:37 >> Good morning.

11:22:52 You were asked to come in and talk a little bit about your

11:22:55 noise enforcement program, and also how the EPC views noise

11:23:00 as a public health and environmental issue.

11:23:03 And also talk to us a little bit about the 55-decibel limit

11:23:07 and what that means.

11:23:08 >> Okay.

11:23:10 Marvin Blount, EPC.

11:23:12 And we were here before you back in August to give a short

11:23:17 presentation on our program, and how we actually administer

11:23:20 it.

11:23:22 We actually receive delegations to enforce noise throughout

11:23:28 the entire Hillsborough County.

11:23:31 Again, our rule is numerical standard.

11:23:35 It has been already mentioned.

11:23:36 We do have a ten minute L.E.T. which is really an averaging

11:23:42 of ten minutes in the time frame that we monitor.

11:23:46 We cooperate very closely with law enforcement, both TPD and

11:23:51 Hillsborough County sheriff's office, and the 55-decibel

11:23:56 standard that you asked about was something that was brought

11:24:02 about by the federal Environmental Protection Agency as a

11:24:07 health and welfare standard.

11:24:10 And we basically use that standard in our rules at the




11:24:18 state.

11:24:20 And in addition to that, there are a number of other cities

11:24:27 that are similar to ours here in Tampa, and the state, that

11:24:33 adopt and use that same 65 -- I'm sorry, 60-decibel

11:24:37 standard, and 55-decibel standard at night, and welfare

11:24:46 standard as well.

11:24:47 Let me do say again that we absolutely need law enforcement

11:24:53 to have assist us no lot of these noise monitoring events

11:24:58 that we conduct, and with that I will answer any questions.

11:25:03 >>HARRY COHEN: Questions from council members?

11:25:10 Councilman Miranda.

11:25:11 >>CHARLIE MIRANDA: Sir, the cities that had you mentioned

11:25:14 that have basically your same decibels that this ordinance

11:25:17 has, how has that worked out?

11:25:19 Do you have any knowledge of the workability of those

11:25:22 ordinances regarding the industry standards in that city?

11:25:25 >> I do not specifically.

11:25:27 I know that we did some research studies back in '08, '09,

11:25:33 when we were actually redoing our rules to determine that

11:25:38 there are other cities similar to the size of ours that use

11:25:41 that particular 55-65-decibel standard.

11:25:47 >> Have you and our staff ever had a conversation regarding

11:25:49 those cities?

11:25:50 >> Not specifically, no.

11:25:54 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.




11:25:55 >>HARRY COHEN: One question from me.

11:25:59 There's been discussion about whether or not the 55-decibel

11:26:01 standard is appropriate.

11:26:07 Would it complicate EPCs enforcement actions if the city

11:26:11 had a different standard than the 55-decibel level that you

11:26:17 enforce?

11:26:17 >> I would have to answer that by saying I don't believe so,

11:26:23 because our regulation is what it is, the 55-decibel

11:26:27 standard.

11:26:28 And 60-decibel standard isn't in our rule but I would ask

11:26:36 our attorney.

11:26:38 >> Good morning, Councilman.

11:26:42 Rick Morrissey.

11:26:45 We are just always encouraging assistance between the city

11:26:49 and EPC so people understand the argument they understand

11:26:52 what decibel level to comply with.

11:26:54 So the best that we can keep efficiency it helps people to

11:26:58 understand what they need to comply with.

11:27:00 >>YVONNE CAPIN: We already have a difference.

11:27:05 We have Channelside, Ybor.

11:27:06 It is different.

11:27:07 It's not 55.

11:27:10 We set a different standard.

11:27:12 >> From our rules of enforcement, Ybor and two other

11:27:19 entertainment districts.




11:27:20 So we rely on Tampa to enforce those, but all of the city

11:27:28 and Hillsborough County is 65 DB.

11:27:31 >>YVONNE CAPIN: Thank you.

11:27:36 >>CHARLIE MIRANDA: I refer to my attorney Mr. Reddick.

11:27:38 (Laughter).

11:27:38 >>HARRY COHEN: Nothing else from council members.

11:27:44 Now, Mr. Schmid, if you want to have a word and then we are

11:27:47 going to go to the public for public comment.

11:27:49 >>Michael Schmid: Does council have any questions?

11:28:03 How about that?

11:28:04 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

11:28:05 I just wanted in my mind to clear up the standard that were

11:28:08 spoken about regarding the enforcement of the noise level

11:28:13 ordinance.

11:28:15 And I asked the question to EPC, have you and your staff

11:28:19 ever had any conversation with anyone regarding those

11:28:24 cities?

11:28:24 Those cities were not mentioned.

11:28:26 I don't know which cities they are.

11:28:27 Do we know which cities they are that have the same

11:28:30 standards that this ordinance has?

11:28:32 And what are the areas of regulation in those cities?

11:28:37 What are the facts?

11:28:38 I mean, if we are doing something like this, I have got to

11:28:40 have some facts.




11:28:45 I'm sorry to start the question.

11:28:48 >>Michael Schmid: Do you want me to attempt to answer?

11:28:53 >>CHARLIE MIRANDA: Anyone.

11:28:54 I don't know.

11:28:54 >>Michael Schmid: Again I would refer that.

11:29:00 There was substantial discussion about this and I do know

11:29:03 there have been studies by the World Health Organization.

11:29:06 This has been based on not only consultants that YCDC hired

11:29:11 but we came back in 2003 with the same consultant.

11:29:15 We also came and provided testimony about the 55 levels.

11:29:18 So this wasn't pulled out of thin air. This was --

11:29:22 >>CHARLIE MIRANDA: I'm not saying it was pulled out of thin

11:29:25 air.

11:29:25 I'm asking inform mine and the come up's benefit, to find

11:29:28 out what the are results of those cities that were not

11:29:31 mentioned that have the same ordinance that we have, how is

11:29:35 the compliance working? How are the businesses working?

11:29:37 How is the unit working?

11:29:40 Is there -- I don't know.

11:29:42 >>Michael Schmid: I can say in general in studying noise

11:29:45 throughout numerous --

11:29:48 >>CHARLIE MIRANDA: I'm asking not in general, only in those

11:29:50 specific cities that were not mentioned, that were mentioned

11:29:53 by reference.

11:29:53 >>Michael Schmid: And the answer from me, I'm sorry, I do




11:29:57 not know.

11:29:58 >>CHARLIE MIRANDA: Thank you.

11:29:59 >> Some of those cities included areas in the Washington,

11:30:07 D.C. area -- I'm sorry, Washington state, Georgia, I believe

11:30:13 some cities in California.

11:30:15 But let me do say this, that that study was conducted back

11:30:19 in 2008-2009, and it's possible that some of those

11:30:24 ordinances or standards may have changed since that time.

11:30:27 But just to name a few of those cities, those are some of

11:30:30 the cities that have 60 and 55-decibel standards.

11:30:35 >>CHARLIE MIRANDA: Mr. Chairman, in concert with you, could

11:30:40 we ask our staff to meet with EPC and find out what those

11:30:47 were and what the levels were from 2008 to 2009 to what they

11:30:50 are now, and if there's been any changes, whether it's been

11:30:53 the demographics of those changes so we can understand

11:30:57 what's going on?

11:30:58 >>HARRY COHEN: I think given this is a workshop and what we

11:31:02 ought to do is take the public comment, and then perhaps

11:31:05 council can come up with some action item to get us the

11:31:08 information that we need to start really getting to making

11:31:13 some decisions.

11:31:13 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

11:31:15 >>HARRY COHEN: If there are no more questions maybe we'll

11:31:18 do the public comment now and then go back to.

11:31:25 So we have three minutes per speaker.




11:31:27 Anyone that would like to speak, now is your opportunity.

11:31:30 And please state your name and address for the record.

11:31:33 And recognize that if you can take under three minute,

11:31:36 that's fine, too.

11:31:37 >>FRANK REDDICK: Mr. Chairman, before we start, we are

11:31:40 going to break right at 12.

11:31:44 So we will be very tight.

11:31:45 >>HARRY COHEN: So it looks like we have -- let's go ahead

11:31:48 and start.

11:31:49 I think we'll be able to get through the people in the line.

11:31:53 Before 12.

11:31:54 But we are going to end it with the gentleman in the blue

11:31:56 jacket.

11:31:58 Okay.

11:31:58 >> Good a, honorable council.

11:32:00 My name is Jesse Gandy, 2804 shore reef drive, Tampa,

11:32:06 Florida here representing a select group of businesses along

11:32:08 Howard Avenue that actually retained Mr. Bentley and Mr.

11:32:15 Lilkendey to show the importance of the effect that this

11:32:21 could possibly have on us.

11:32:23 And all along the last week or so we met with council and we

11:32:26 met with attorney Schmid.

11:32:28 And I loved his analogy about the puzzle because it made

11:32:32 perfect sense to me.

11:32:33 But how I look at this, and I think a lot of the business




11:32:36 associates that I am here representing as well as the

11:32:39 others, is that this is like my four-year-old daughter's

11:32:43 puzzle, mixed up with my 8-year-old son's puzzle.

11:32:46 You can't make those pieces fit, because not everything

11:32:49 represents equitable and fair treatment where we have other

11:32:54 business districts, you know, an ordinance that was drafted

11:32:57 mostly in '99.

11:32:59 Things have changed over the last 18 years.

11:33:01 Ambient noise has changed.

11:33:03 Density has changed.

11:33:04 All the different things that affect sound.

11:33:06 And we really hired these people to educate us so we could

11:33:10 come here in good faith and try to propose things -- we are

11:33:15 not saying no noise ordinance.

11:33:17 We are saying we need something that's going to represent

11:33:19 everybody equitably.

11:33:22 And like Councilwoman Capin said, not everyone is going to

11:33:28 be happy when we leave here today.

11:33:29 But as long as we can get some type of fair treatment, and

11:33:33 at least have something that's reasonable, that we

11:33:36 understand how it's to be enforced, and that we can't just

11:33:39 lose our license based on an agenda of maybe a few neighbors

11:33:43 that really want to effect a business, because whatever

11:33:49 reason they don't agree with that person's business path.

11:33:52 So we really hope that you will listen to Mr. Bentley and




11:33:59 Mr. Lilkendey's representation here, and if there's any

11:34:03 questions, or if maybe a real big noise study is needed,

11:34:07 that we are happy to participate in the cost, in helping get

11:34:11 that done, so at least there's basis behind what we are

11:34:15 doing there.

11:34:17 Thank you.

11:34:17 >> Good morning, Mr. Chairman, members of council.

11:34:23 My name is Scott MacLaren, 3700 Bank of America Plaza here

11:34:28 on behalf of JDJ properties LLC, a property owner on South

11:34:32 Howard.

11:34:33 But this is not about South Howard. This is about the

11:34:35 entire city.

11:34:36 And the key that was mentioned earlier to any ordinance of

11:34:39 this type, especially one that affects first amendment

11:34:42 issues, such as a noise ordinance, is consistency city-wide.

11:34:48 I'm here to talk about the text of the ordinance and the

11:34:50 fairness of the ordinance.

11:34:52 And this ordinance needs to be consistent city-wide in order

11:34:55 to be constitutionally fair.

11:34:57 Otherwise, it's unfair and violates equal protection.

11:35:01 We have a number of commercial overlay districts in the

11:35:03 city.

11:35:04 There's Seminole Heights, SoHo, East Tampa, West Tampa,

11:35:08 Kennedy.

11:35:10 As written, this ordinance violates equal protection because




11:35:15 it treats legitimate businesses in those commercial

11:35:19 districts substantially different than it treats those in

11:35:23 selected areas.

11:35:26 Ybor, Channelside.

11:35:28 Also amusement parks.

11:35:30 So it treats legitimate businesses in East Tampa, West

11:35:34 Tampa, Kennedy, different than the legitimate businesses in

11:35:39 those other areas.

11:35:41 It's unfair.

11:35:42 The standards need to be the same in all districts and they

11:35:45 need to be raised to the same level that's applicable in

11:35:51 Ybor and the central business district, and for the

11:35:56 Channelside district.

11:36:00 The other issue is unconstitutionally vague on its face.

11:36:06 Mr. Lilkendey -- did I pronounce that correctly -- Lilkendey

11:36:12 pointed out that really I think there is no standard

11:36:14 especially in the areas of SoHo and the other commercial

11:36:20 overlay districts that are not exempted out from this third

11:36:24 unreasonably loud and raucous standard.

11:36:28 That standard is no standard at all.

11:36:31 The test under 14-154-C is to determine whether unreasonably

11:36:36 loud or raucous the following may be considered along with

11:36:41 other testimony or evidence.

11:36:43 So there's no objective criteria that do apply, and there's

11:36:48 no limit upon the criteria that might apply.




11:36:51 So subject to the whim and caprice of anyone enforcing the

11:36:56 ordinance.

11:36:57 May I have a few more minutes?

11:36:58 >>HARRY COHEN: I'm sorry, we have a large line of people.

11:37:01 >> Thank you.

11:37:01 >> Well, you have got another 20 second.

11:37:03 >> All right.

11:37:05 So it also violates first amendment.

11:37:09 And the thought that an alleged violation of this could be

11:37:14 governed by the Nuisance Abatement Board.

11:37:16 The board is set up to deal with crack houses, really,

11:37:19 really severe criminal violations, not situations such as

11:37:24 someone being a little bit too loud.

11:37:25 (Bell sounds)

11:37:26 Thank you for your time.

11:37:27 >> Good morning, council.

11:37:34 Elise Betsel, 100 south Ashley. Suite 2000.

11:37:39 Just very quickly, common sense kind of dictates that this

11:37:45 is a common sense issue. We know what's too loud.

11:37:48 What we would like to you do is look at the ordinance and

11:37:50 see how you can establish standards that actually work.

11:37:54 Councilman Miranda mentioned that there hasn't been a lot of

11:38:03 citations.

11:38:04 Our understanding is that because there was a question about

11:38:07 the constitutionally of the existing ordinance that there




11:38:11 wasn't enforcement of that going on, and that might be a

11:38:14 reason why the numbers, violations of citations are so low.

11:38:19 I represent Jackson Bar and Bistro which isn't in any of

11:38:21 these districts. It is sort of on a little island by

11:38:24 itself, but there's also Vicks on the River, Ulele's, the

11:38:29 New Armature Works, all of these coming up on the water, and

11:38:32 water carries sound, and so we are concerned that whatever

11:38:36 standard you put in will be exacerbated by that water.

11:38:39 So we would like you to think about the waterfront

11:38:43 properties.

11:38:44 That's why people come to Tampa.

11:38:46 They go to Tampa to go out.

11:38:48 They come to Tampa to walk around, to go to restaurants. I

11:38:52 live on Harbor Island. I walk up to Jackson's because of

11:38:55 the entertainment, because of the fact that I can go outside

11:38:58 and hear someone playing an acoustic guitar that is

11:39:02 amplified and have a beverage and dinner.

11:39:04 Yes, ma'am?

11:39:05 Oh, I'm sorry, I thought you had a question.

11:39:09 I did want to quickly say we were one of the companies that

11:39:14 worked through a citation issue that cost us so far $100,000

11:39:17 to put in a new sound system and we are actually trying to

11:39:20 come up with new measurements for outdoor mitigating that

11:39:23 could cost another potential $250,000 to comply with the 55

11:39:27 decibels.




11:39:28 For a regular business that isn't as large and as successful

11:39:32 as Jackson's, there's just no way they could do whatever we

11:39:35 are trying to do and that really does cost a fortune for

11:39:38 mitigating things that we are talking about.

11:39:41 So I just ask you to take these things into consideration as

11:39:44 you consider the ordinance.

11:39:46 When you are looking at different jurisdictions, and the

11:39:51 city looks at other jurisdictions, look at places where they

11:39:54 are a tourist destination.

11:39:56 Pigeon Forge, Nashville, Tennessee.

11:40:01 If you look at those jurisdiction's noise ordinances they do

11:40:03 use 55 but they use it for residential zoned property.

11:40:07 Their levels for commercial properties are different.

11:40:09 The levels for industrial properties are different.

11:40:12 They recognize that how you are zoned dictates the type of

11:40:15 noise that you generate.

11:40:16 So we would ask you to look at a comprehensive city solution

11:40:19 and take those different uses in making your decision.

11:40:23 Thank you.

11:40:25 >> Good morning.

11:40:28 Bryan Shrader, 612 west Bay Street.

11:40:31 And I will probably be one of the few people commenting from

11:40:38 this side of the situation.

11:40:40 I'm an attorney.

11:40:40 I have been retained by a growing group of citizens and




11:40:43 residents in the south SoHo area, and some of them couldn't

11:40:50 attend because of work, some of them see retaliation that

11:40:53 they have seen in the past for expressing.

11:40:58 So I want to talk to be you about their point of view and

11:41:01 perspective.

11:41:02 When we talk about a couple hundred thousand dollars to talk

11:41:05 about mitigating sound for a business how much is the cost

11:41:08 tore a family to move away from a bar that moved into the

11:41:11 neighborhood for the last few years and wants to blast music

11:41:15 all night long?

11:41:16 The system of codes and ordinances that they have to comply

11:41:18 by are also complied with by other people.

11:41:22 And we want to avoid any political pressures, and we want

11:41:28 this to be a common sense evaluation.

11:41:33 And to convey to you my client's position I had to think

11:41:36 about what it would be like to live next to a noisy

11:41:39 neighbor.

11:41:39 After all, what is the relationship between neighbors?

11:41:43 And these are maybe unwilling neighbors, a bar, but they are

11:41:47 neighbors, and all my clients want are good neighbors.

11:41:50 Though don't want too put the bars out of business.

11:41:52 They don't want to get rid of them.

11:41:55 They just wanted them to be good neighbors, because the

11:41:59 nuisance moved to the neighborhood.

11:42:01 The neighborhood didn't grow around the business.




11:42:04 And that's the real difference here.

11:42:06 When the original statute and ordinance were talked about in

11:42:09 Ybor and Channelside were established, it wasn't that long

11:42:13 ago and SoHo wasn't exempted, and my guess is because

11:42:17 recently noise wasn't an issue for people there.

11:42:20 Well now it's become an issue.

11:42:22 And they are living with it every day.

11:42:25 They are asking for common sense application.

11:42:28 They shouldn't be forced to live in their homes or hide

11:42:31 behind closed windows.

11:42:33 They shouldn't be forced to hide indoors when they quantity

11:42:36 to enjoy the yard.

11:42:37 They should be allowed peaceful use of their property

11:42:39 without interference from outside sources.

11:42:45 Concerning the history -- and I am not a Tampa native, but

11:42:49 in my short time living here I have seen SoHo change.

11:42:52 It continues to change, and the residents just want

11:42:55 standards that are applicable, that are objective, that can

11:42:58 be easily applied to protect their rights so that they don't

11:43:02 continue to have to fight this fight over and over again

11:43:04 with uncertainty about what the rules will be in the future.

11:43:08 Decibel limit should be considered. Plainly audible should

11:43:12 be considered.

11:43:13 These are tools for common sense application of the law.

11:43:16 I ask that you consider your previous finding, the noise is




11:43:19 a serious threat to public health, safety and welfare.

11:43:23 Consider testimony you heard about negative effects,

11:43:25 excessive noise.

11:43:27 Consider the advice of your prior consultant.

11:43:29 Consider a neighborhood that doesn't meet the objectives to

11:43:32 assess the noise and understand the new sans came to the

11:43:36 neighborhood.

11:43:36 The neighborhood didn't grow around the nuisance.

11:43:40 (Bell sounds).

11:43:41 >> Thank you very much.

11:43:42 >> My name is Clay Daniels.

11:43:44 The city attorney did a good job working on this.

11:43:48 And I hear a lot of talk about common sense today.

11:43:52 Even bringing all of the experts in the world.

11:43:54 We just got to have common sense.

11:43:56 That's all it takes.

11:43:57 Common sense.

11:44:00 Ronald Reagan used that word a lot.

11:44:02 Common sense.

11:44:03 We need common sense.

11:44:10 And putting a sound barrier around the club.

11:44:13 Common sense.

11:44:13 A sound barrier, so other people won't be don't want to hear

11:44:18 your noise.

11:44:19 People want to sleep at night.




11:44:22 Common sense.

11:44:22 If you don't take care of this problem, we will be back up

11:44:25 here every year with the same problem.

11:44:26 You need to take care.

11:44:29 Common sense.

11:44:31 A sound barrier around the business so people can sleep at

11:44:34 night.

11:44:34 The taxpayer who owns the property want to sleep at night.

11:44:38 They are not trying to hurt the business.

11:44:39 We want the business to make money.

11:44:41 They deserve to make money.

11:44:42 This is America.

11:44:43 But common sense.

11:44:45 Let people sleep at night.

11:44:47 Put the sound barrier around the building.

11:44:49 Common sense.

11:44:52 That's all it takes.

11:44:53 Common sense.

11:44:53 You don't need an expert.

11:44:55 Common sense.

11:44:56 Thank you.

11:45:01 >> Marylou Bailey, 912 south Oregon Avenue and I have lived

11:45:06 in Hyde Park for 22 years and I love it and don't ever want

11:45:09 to move.

11:45:12 I had mixed viewpoints about the ordinance.




11:45:13 It's premature to adopt.

11:45:16 It's not worked on enough is my bottom line and I will give

11:45:18 a couple examples.

11:45:19 I think the plainly audible and who considers what's noisy

11:45:25 and raucous, and clearly that depends on your lifestyle,

11:45:29 your age, all kind of things.

11:45:31 I think -- I want the neighbors and businesses to get along.

11:45:37 I have lived in that spirit for a very long time.

11:45:40 I enjoy the businesses.

11:45:41 I go there regularly.

11:45:42 I don't want to run them out of business.

11:45:44 But I also don't think it's right that I have to stay inside

11:45:49 my house, because I have a nice porch and I like to sit out

11:45:53 in front and like to enjoy it.

11:45:55 These are examples of things that I consider faulty with the

11:45:58 dialogue so far.

11:45:59 We shouldn't adopt anything unless they have a plan to

11:46:02 enforce it and the funds to enforce it.

11:46:05 So it's irresponsible in my opinion to do that.

11:46:08 We have to do two things together, work with it before you

11:46:12 adopt it.

11:46:13 I am concerned that this new board might not be the right

11:46:17 way to solve problems.

11:46:19 Finding a business, maybe removing their wet zone, thing

11:46:22 like that, I don't think we need another board.




11:46:25 I think 30 second is probably too narrow.

11:46:27 We could accidentally hit the down beat or something.

11:46:33 There are nuisance complainers, I agree with that, and there

11:46:37 are nuisance businesses.

11:46:41 I took the time to read the ordinance and even called Mr.

11:46:44 Schmid last week to say I don't understand how this works

11:46:46 versus this.

11:46:47 Laymen can't understand the ordinance and I'm pretty

11:46:51 intelligent.

11:46:53 I do want to say that I am very much against having SoHo

11:46:56 being treated like Channelside, Ybor and central business

11:46:59 district.

11:47:00 They are not the same to do that.

11:47:03 Lastly on the proposal.

11:47:04 I think we should do some sort of collaborative

11:47:07 citizen/business simulation, real people, different ages,

11:47:12 different demographics, different sounds, and come to some

11:47:15 of the common sense solutions.

11:47:19 But I think we really need to do simulation.

11:47:26 Let's take some time.

11:47:27 Slow down.

11:47:27 Do some simulations P.I love that the businesses would help

11:47:30 fund it so then the city dollars are limited.

11:47:33 Thank you for my time.

11:47:34 (Bell sounds)




11:47:38 >>

11:47:44 I just want to say in no way is anyone in my neighborhood

11:47:48 suggesting that these businesses should shut down.

11:47:53 That's why we moved there.

11:47:55 We could have chosen anywhere in Tampa.

11:47:57 We could have chosen any city.

11:47:58 We chose to be part of SoHo.

11:48:00 And we don't want to run them out.

11:48:01 We just want to feel that they don't want to run us out.

11:48:05 We can cooperate.

11:48:07 But saying that Ybor and downtown are the same kind of

11:48:10 neighborhood as ours doesn't make a lot of sense.

11:48:14 I was looking at information, and in 2013, Ybor City was 22%

11:48:22 residential.

11:48:25 I lived in downtown and I know what it's like.

11:48:28 I'm familiar.

11:48:32 SoHo is 72% residential.

11:48:35 That's not the same breakdown, it's not the same area.

11:48:38 I don't think they should be treated the same.

11:48:42 And there are former residences and businesses.

11:48:45 And While we understand that, the businesses have wants and

11:48:48 needs.

11:48:48 The wants of a few shouldn't overrule the needs of many.

11:48:57 I have read several studies that the noise no negative way,

11:49:04 you can't sleep, depression, and stress, and when we first




11:49:08 moved, we noticed right away noise issues, even though we

11:49:15 were familiar with the neighborhood, and we averaged in a

11:49:20 three month span about 11 bad nights where we needed Tampa

11:49:25 PD intervention.

11:49:26 Eventually an officer was kind enough to come and mediate

11:49:31 between the owner of Hyde Park cafe and myself and get it to

11:49:35 where we could communicate, and since then, Mr. Archie has

11:49:41 been incredibly helpful and incredibly responsive.

11:49:45 We have each other's personal cell phone numbers, if it gets

11:49:48 loud, I text, he turns it down within ten minutes on

11:49:51 average, texting me back, is everything okay?

11:49:55 Let me know if it's too loud.

11:49:57 And we do.

11:49:58 And we are making it work.

11:50:00 It's not a perfect system.

11:50:02 I don't think I should have to police the businesses.

11:50:04 But I do appreciate that they want to be good neighbors with

11:50:07 us.

11:50:08 The hideout is also a local restaurant and bar with outdoor

11:50:12 space and they do the same for us.

11:50:13 They want to be good neighbors.

11:50:15 And right now I have an average of three rough nights a

11:50:21 month compared to what it used to be by working with them.

11:50:24 I think maybe some kind of collaborative effort in SoHo

11:50:27 could work, too, if it works on our side of the




11:50:30 neighborhood, it can work there.

11:50:31 And all we are asking for is just to be treated like

11:50:35 neighbors to neighbors, not opposing sides, and I genuinely

11:50:41 think that we can all get together.

11:50:43 Thank you.

11:50:43 (Bell sounds)

11:50:44 >> Good morning.

11:50:48 Peter Minotti. South Westland.

11:50:51 I want to start by thanking you for moving the DJ booth

11:50:56 inside.

11:50:56 As a result of that as a resident, the noise has really

11:50:59 ceased because what's troubling most of the residents is the

11:51:02 outdoor bands and DJs that create this inciting crowd.

11:51:09 And that's what makes us up in the middle of the night.

11:51:11 My friends over at Joe's saloon, they have been exceptional

11:51:15 building out a new place and doing everything right.

11:51:18 It's not about the bars and restaurants.

11:51:20 We want them to thrive.

11:51:22 But the noise being generated by bands, we don't wanted to

11:51:25 have Jackson hole every night.

11:51:28 But if you come down and talk to the police captain about

11:51:31 what happened on Gasparilla night and that crowd, they had

11:51:35 outdoor music, it had to be over 100 decibels on my phone it

11:51:40 registered.

11:51:41 We don't want to call the police.




11:51:43 It's a pain in the butt for us to call a police captain and

11:51:46 say, hey, come on in, it's crazy what's going on.

11:51:49 We don't want that.

11:51:50 We want 10:00 at night, play all day, play music all day, we

11:51:55 don't care.

11:51:56 But at 10:00 to 7 a.m., no loud music, no DJs.

11:52:02 Mr. Bentley's point about -- we are not here to go after the

11:52:06 bars or put them out of business.

11:52:07 What they don't realize is that the six bars that represent

11:52:10 this coalition only pay approximately 72,000 a year property

11:52:14 tax, where if you take the streets bounded by, I think,

11:52:19 Fremont, Swann, Audubon, Cleveland, Fremont, it's about

11:52:27 average probably about 4,000 a year property taxes.

11:52:30 So the previous speaker's point about 72%, do you really

11:52:36 want to build an entertainment zone which is going to

11:52:40 decrease value?

11:52:41 Because that's what's going to happen.

11:52:42 If we go to Ybor, if we go to the Channelside model, what's

11:52:46 next?

11:52:47 It will be an entertainment zone and then you are going to

11:52:50 see a reduction of property values.

11:52:51 We don't want that either.

11:52:52 But at the end of the day, there have been some great steps

11:52:56 taken from the ordinance, and as long as you continue to

11:53:01 drive out that live music concept, I think we can all get




11:53:04 along.

11:53:05 The decibel stuff, I'm confused.

11:53:08 A lot of work here.

11:53:09 I can't fibbing it out.

11:53:10 I just know when I hear disco music in my bedroom that's how

11:53:14 I know it's a noise violation.

11:53:16 Thank you.

11:53:16 >>HARRY COHEN: Thank you.

11:53:18 Our last speaker and then we will wrap up our meeting.

11:53:22 >> Good morning.

11:53:24 I'm Greg from the Frankland Manor.

11:53:28 Thank you so much for taking the time out of your week last

11:53:31 week to speak to all of us about some of the issues that we

11:53:36 know we are concerned with.

11:53:38 First, Mr. Miranda, last week, you proposed to try to work

11:53:46 on a first name basis, and maybe that they could use their

11:53:49 discretion to file some of these complaints, and one of the

11:53:53 problems at the end of the day, and the issues that we have

11:53:59 had, we have had one neighbor complaining, and will sit

11:54:03 there and harass the police officers and videotape them just

11:54:06 to make sure that if we might be one decibel over, which we

11:54:11 really haven't been, that they are forced by intimidation to

11:54:15 issue a citation.

11:54:17 And of course we have over 200 employees and general

11:54:23 contractors that work around our restaurant, and we have




11:54:26 gone to the building because we have employees and we have

11:54:32 never heard our own establishment inside of a building, but

11:54:36 yet in the three weeks that we have been open, we have had

11:54:40 almost seven visitations from noise ordinance officers, and

11:54:44 as you know, we know the three strike rule right now, and

11:54:48 it's definitely pretty scary.

11:54:50 We have worked with SkyPoint elementary and we have had zero

11:54:55 complaints, but it's one neighbor that is very known to you

11:55:01 guys because he has harassed other establishments in the

11:55:03 past.

11:55:03 We have many talked about the idea of putting something in

11:55:09 place where -- I understand that some people abuse their

11:55:15 power and sometimes it might be loud, but in other instances

11:55:17 we have to have some sort of protection from somebody who

11:55:20 has some sort of vengeance against, you know, a business.

11:55:27 Thank you.

11:55:27 >>HARRY COHEN: Thank you.

11:55:29 All right.

11:55:30 I'm sorry, public comment is closed.

11:55:33 And we are going to now move on to council discussion to

11:55:35 finish this up.

11:55:36 Councilman Miranda.

11:55:37 >>CHARLIE MIRANDA: For the first time, there's been at

11:55:41 least I think some conversation that I have heard in these

11:55:44 chambers where neighbors and businesses are trying to




11:55:47 understand each other.

11:55:47 I don't think that was present some years back.

11:55:51 There were five attorneys that spoke today.

11:55:55 Cinco.

11:55:56 Five in 30 minutes.

11:55:57 Usually it takes three days to hear five attorneys.

11:56:00 But through your chairmanship, Mr. Chairman, you held to

11:56:03 that three minute rule and less.

11:56:05 One attorney, however, went, I believe, and said you can't

11:56:08 do what we did.

11:56:10 That you can't enforce different zones in different areas.

11:56:14 Well, if I follow that rule of law, I can't have different

11:56:17 speed zones in the areas either.

11:56:18 I can't do anything different that I can't do for one

11:56:23 neighborhood.

11:56:24 If we are going that way this country is going to hell.

11:56:29 That's all I have to say, Mr. Chairman.

11:56:31 >>HARRY COHEN: Councilwoman Capin.

11:56:34 >>YVONNE CAPIN: Okay.

11:56:35 We are talking common sense here.

11:56:37 We are looking at the public health and safety and welfare.

11:56:42 And I see -- I can understand the point where they were

11:56:47 saying, as someone brought up that there were fewer

11:56:52 citations because of the litigation that was out there, that

11:56:56 we all know was out there.




11:56:58 The other thing I want to bring up is the federal DPA

11:57:04 standards which is the 55.

11:57:06 Here is the thing, folks.

11:57:09 It's outdoor amplification.

11:57:11 Outdoor amplification.

11:57:14 That has the problem.

11:57:16 I'm willing to raise the decibel.

11:57:21 But you all get together, your businesses, and you stop

11:57:26 outdoor amplification at 10 p.m. during the week and

11:57:30 midnight on weekends.

11:57:32 Outdoor amplification is the problem.

11:57:38 You know, someone mentioned that they moved the DJ indoors.

11:57:43 That is an excellent move.

11:57:44 Because what happens is when you have that amplification,

11:57:46 people have to speak louder.

11:57:48 And MacDinton's allows over 700 people.

11:57:53 So that is the problem.

11:57:57 And so stop it at that time.

11:58:04 And I would be willing to move it up a little bit.

11:58:06 And I think the neighbors would be okay with that.

11:58:10 So think about it.

11:58:11 Get together.

11:58:15 The only other thing I see is putting something in an

11:58:19 ordinance where there's no out door amplification unless you

11:58:23 come to city and explain why you need it.




11:58:25 But that's not something for right now.

11:58:37 Again, that would be my suggestion.

11:58:42 I don't know if we can make that into a motion to put into

11:58:47 the ordinance and think about -- maybe thinking about

11:58:51 decibels that are agreeable.

11:58:55 Because I do believe that the manager from Epicurean here?

11:59:02 When I spoke to him yesterday, they have metered the noise

11:59:11 during the day all the way up and down Howard Avenue, and it

11:59:15 was 65, and it was the same at night, 65.

11:59:18 So that number seems to be something that -- so if you have

11:59:23 that during the day, just from traffic and movement, the 55,

11:59:30 and we can do different noise levels in different areas.

11:59:37 That's my suggestion.

11:59:40 Stop at 10 p.m. outdoor -- there's a huge difference between

11:59:45 acoustic and outdoors.

11:59:46 You have acoustic music.

11:59:48 It's actually pleasant.

11:59:50 It can be very pleasant.

11:59:52 So, anyway, that's it for me.

11:59:53 >>HARRY COHEN: May I have five additional minutes before we

11:59:56 go to Mr. Reddick?

11:59:57 I think we can wrap it up.

11:59:59 >>CHARLIE MIRANDA: So moved for five minutes.

12:00:01 >> Second.

12:00:01 >>HARRY COHEN: All those in favor say aye.




12:00:05 Thank you.

12:00:05 Councilman Reddick.

12:00:06 >>FRANK REDDICK: Thank you.

12:00:09 This came up several times.

12:00:11 I guess my question would be TPD.

12:00:14 The people that called and complained about the noise, do

12:00:23 you analyze those that are calling that is consistent, or

12:00:26 just the same people calling over and over and over?

12:00:29 >> It depends.

12:00:34 I'll use SoHo for example.

12:00:38 I have personally worked with citizens out there to limit

12:00:41 their complaints that come to the city so I do have my

12:00:45 personal cell phone number.

12:00:46 At times they do call me personally, or text me, and we

12:00:50 discuss it.

12:00:51 And I send an officer out.

12:00:56 My phone does not ring as much.

12:01:01 I could say it's 100% better.

12:01:03 We are working with that community strongly, you know.

12:01:06 Just since September 2nd, we did write up a citation,

12:01:10 but that's the last one in a long time.

12:01:17 There are certainly repeat offenders.

12:01:21 I did not do all that research on repeat offenders.

12:01:25 But usually I feigned it comes to my phone because they all

12:01:31 know me so well.




12:01:32 >>FRANK REDDICK: Okay.

12:01:33 >> But I don't have an answer to that any further.

12:01:36 >>FRANK REDDICK: Okay.

12:01:40 I just wanted to get a brief response whether that was the

12:01:43 case or not.

12:01:43 I appreciate it.

12:01:44 >> Okay, thank you.

12:01:45 >>FRANK REDDICK: I'm with Ms. Capin here that there has to

12:01:59 be a balance between the businesses and the neighborhood.

12:02:04 And I'm willing to reach out if we are able to do it to be

12:02:15 inclusive part of our ordinance, but like someone said

12:02:19 earlier, you know, don't expect everybody to be happy.

12:02:29 I think to be fair.

12:02:31 And I'm willing to be fair in every respect, but I agree,

12:02:39 businesses are going to have to make some adjustment, and

12:02:44 those who live in surrounding communities go out and make

12:02:49 some adjustments as well.

12:02:50 So I don't know if we have a position of doing a

12:02:56 recommendation today or if we are just discussing it.

12:02:58 >>HARRY COHEN: I think since our custom is not to make

12:03:02 motions at workshops everyone can think about what they

12:03:04 heard today, and it sound like Councilwoman Capin has some

12:03:08 ideas, and then put those in the form of a motion for new

12:03:11 business.

12:03:11 >>YVONNE CAPIN: We don't need motions but we can make a




12:03:19 motion.

12:03:20 Okay.

12:03:20 So the other thing is, if we are going to move -- just a

12:03:27 suggestion about outdoor amplification.

12:03:34 I would also like to ask that what we have in place right

12:03:36 now, we should be careful how it's monitored, and these

12:03:48 businesses are waiting for us and the neighborhood, the

12:03:51 whole neighborhood, because it is a neighborhood, both the

12:03:55 residences and businesses live there, and the other person

12:03:58 was right about that the businesses grew around to the

12:04:02 neighborhood as opposed to the other way around.

12:04:08 And when you have 72% residents, that's quite a bit.

12:04:16 Those have to be considered.

12:04:18 If we are going to move that, then I want to suggest that

12:04:22 55, until we decide.

12:04:28 I know it in the ordinance, but can we somehow do warnings

12:04:35 in between now and when we do come up with -- if it's going

12:04:39 to stay at 55 or if it's going to move?

12:04:42 >>HARRY COHEN: Mr. Schmid, I believe that was for you.

12:04:45 >>YVONNE CAPIN: Yes.

12:04:46 I'm looking right at now.

12:04:47 >>Michael Schmid: Maybe I was hesitating because I didn't

12:04:52 want to have to stand up and address that.

12:04:54 But in all seriousness, could we do warnings?

12:05:01 There have been times when the police department has when a




12:05:07 new ordinance comes out, there's been a warning period first

12:05:10 before it's enacted.

12:05:12 This is a little different in the fact that we didn't change

12:05:16 the decibel levels.

12:05:17 It didn't really change.

12:05:19 And so we had sort of to make sure that nothing gets changed

12:05:26 before new legal training was put on.

12:05:32 But at the same point I am getting flooded, inundated with

12:05:36 people saying why aren't we enforcing this right now?

12:05:39 And I would have to say what would that do if we warned and

12:05:43 didn't do anything?

12:05:44 I would have some concerns that without follow-up warning

12:05:48 means nothing.

12:05:48 >>YVONNE CAPIN: Well, when are we going to take this up?

12:05:53 Are we looking at --

12:05:57 >>HARRY COHEN: I think it depends on when council would

12:05:59 like to at that time up.

12:06:00 We are just waiting for a motion.

12:06:01 Clearly it's going to need to be taken up soon.

12:06:04 >>YVONNE CAPIN: Okay.

12:06:06 Because -- it would be a shame if businesses are damaged

12:06:21 over the 55, and then when it comes back to council we

12:06:26 change it.

12:06:27 That's my point.

12:06:30 Maybe it will say stay the same.




12:06:32 I don't know.

12:06:33 But I don't have a crystal ball.

12:06:37 Do you?

12:06:39 >>Michael Schmid: No, I don't.

12:06:40 And granted, we have been working with the businesses as it

12:06:44 is right now.

12:06:45 And so again, this is how I sort of started today saying

12:06:50 there are a whole lot of what-ifs about we don't hear a

12:06:53 whole lot of problems actually being brought in front of you

12:06:56 that actually exist currently.

12:06:58 >>YVONNE CAPIN: Inundated with calls saying why isn't this

12:07:03 enforced?

12:07:04 >>Michael Schmid: Correct.

12:07:06 Why aren't we training the officers to read the ordinance

12:07:12 right now?

12:07:12 And my response has been I can't tell them how to use an

12:07:15 ordinance.

12:07:17 City Council is still actively looking at it on a long-term

12:07:21 basis.

12:07:21 It seems that I need some finality.

12:07:24 >>YVONNE CAPIN: Thank you.

12:07:25 That makes sense.

12:07:25 >>HARRY COHEN: Councilman Miranda.

12:07:30 >>CHARLIE MIRANDA: I'm just talking to me to myself, as a

12:07:34 legislator, to myself.




12:07:36 If I start talking about making changes before something is

12:07:38 passed, with five attorneys here, the same thing that I say

12:07:41 is going to be used against me in court, meaning the city,

12:07:45 and that's already happened.

12:07:46 We have been sued by some attorneys that are right in this

12:07:48 room and got a lot of money out of us.

12:07:51 So let's not be stupid.

12:07:54 I'm talking me.

12:07:55 Nobody else but me.

12:07:56 Thank you.

12:07:57 >>FRANK REDDICK: Thank you, Mr. Chair.

12:08:03 I'm going to make a motion that this item be placed on the

12:08:10 October 20 calendar under staff reports at 9:00.

12:08:14 >>CHARLIE MIRANDA: Second, Mr. Chairman.

12:08:17 >>HARRY COHEN: Any additional discussion?

12:08:19 I don't see any.

12:08:20 All those in favor indicate by saying aye.

12:08:23 Opposed?

12:08:24 All right.

12:08:24 So on October 20th we will come back under staff

12:08:26 reports, and at that time I would expect that council

12:08:30 members will be in a position to make motions and discuss

12:08:33 how they want to move forward on this item.

12:08:35 We have one other item to take up, and that is just a

12:08:39 continuance of item number 7.




12:08:41 We need to open the public hearing and then --

12:08:44 >>CHARLIE MIRANDA: Move to open, Mr. Chairman.

12:08:45 >>HARRY COHEN: Moved to open the public hearing by

12:08:48 Councilman chairman.

12:08:50 Seconded by Councilwoman Capin.

12:08:52 All in favor?

12:08:55 Ladies and gentlemen, we are still in session, if you don't

12:08:57 mind.

12:08:57 >>MARTIN SHELBY: I would ask that before you make a motion

12:09:02 to continue that you accept the substitute that was

12:09:05 submitted by the legal department.

12:09:06 >> So moved.

12:09:11 >>HARRY COHEN: We have a motion by Councilman Reddick,

12:09:14 seconded by Councilman Miranda.

12:09:16 All those in favor indicate by saying aye.

12:09:18 Opposed?

12:09:20 All right.

12:09:27 I recused myself from this item but I don't need to recuse

12:09:30 myself from the continuance since that is only procedural

12:09:33 according to what I have been told.

12:09:35 >>MARTIN SHELBY: That is correct sir.

12:09:36 >>FRANK REDDICK: Move to continue to October 13 at 6:00.

12:09:40 >>HARRY COHEN: Moved by Councilman --

12:09:48 >>FRANK REDDICK: October 13.

12:09:53 >>HARRY COHEN: No, November 13th.




12:09:57 It's because the other one --

12:09:59 >>FRANK REDDICK: Oh, November 3rd, 9:30 a.m.

12:10:03 >>HARRY COHEN: We have a motion by Councilman Reddick.

12:10:06 Seconded by Councilman Miranda.

12:10:08 To move that item to November 3rd at 9:30 a.m.

12:10:11 All those in favor?

12:10:13 Opposed?

12:10:14 Yes, Mr. Shelby?

12:10:15 >>MARTIN SHELBY: Yes, the date that council settle not be

12:10:20 available.

12:10:20 I don't know what council wants for staff reports.

12:10:24 Do you need him present?

12:10:31 The captain is not available.

12:10:32 >>HARRY COHEN: Everyone just left knowing the date.

12:10:38 Why don't you keep it and we'll let you know.

12:10:41 But have a wonderful time.

12:10:44 Ladies and gentlemen, can we please have a motion to receive

12:10:48 and file all documents including items submitted to me by

12:10:52 neighborhood joint studies related to the noise workshop?

12:10:54 The motion made by Councilman Reddick, seconded by

12:10:58 Councilwoman Capin.

12:10:59 All in favor?

12:11:00 We will see you at 5:00 tonight.

12:11:02 [Sounding gavel]

12:11:05 >>






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