TAMPA CITY COUNCIL MEETING

Thursday, October 7, 2010

9:00 a.m. session.



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09:31:50 >>THOMAS SCOTT:
Tampa City Council will come to order.

We'll have roll call.

09:31:56 >>JOSEPH P. CAETANO:
Here.

09:32:00 >>MARY MULHERN:
Here.

09:32:02 >>CURTIS STOKES:
Here.

09:32:02 >>THOMAS SCOTT:
Here.

09:32:05 >>CHARLIE MIRANDA:
Here.

09:32:07 >>THOMAS SCOTT:
Thank you very much.

For those who are just joining us, let me give you a

little information.

We have a letter from Councilwoman Miller's office that

she will not be in today, advise that chair pro tem

Miller will be absent on October 7, 2010 due to the

passing of her mother, Mrs. Willburn Rivers.

The funeral will be held this coming Saturday at

11 a.m. at the new mount Zion Baptist church, 2511 east

Columbus drive in Tampa, Florida.

Pastor -- reverend Dr. Walter J. Williams will be

officiating that service.

Visitation hours will be Friday to five to nine at the

Wilson funeral home, 3000 north 29th street.

And so for those who are here, those that are

listening, certainly we extend to Ms. Miller our

condolences and our prayers and our support during this

very difficult time the hours of visitation scheduled

for five to nine at Wilson funeral home Friday night,

and then Saturday morning at 11:00 at new mount Zion

missionary Baptist church on Columbus drive.

Okay.

With that being said, we will now review our agenda.

09:33:37 >>MARTIN SHELBY:
Good morning, Mr. Chairman, members




of City Council.

Before you, you have the request for the adoption of

the minutes of the session held on the 24th and

26th of August.

09:33:52 >> So moved.

09:33:53 >> Second.

09:33:55 >>THOMAS SCOTT:
For the 24th and August 26th.

All in favor?

Opposed?

Okay.

09:33:59 >>MARTIN SHELBY:
Members of council, Mr. Chairman, did

you also, by the way, make note of the fact that you

will be leaving -- you will not be returning after

lunch?

09:34:13 >>THOMAS SCOTT:
Yes.

I did say that earlier and there will be two council

persons that will not be in the afternoon session.

Ms. Miller, Councilwoman Miller, because of the passing

of her mother, and also I submitted last week for the

record to all of council and the clerk that I have a

scheduling for this afternoon conflict that I will not

be here this afternoon.




I will be here all morning but not during the afternoon

session.

09:34:39 >>MARTIN SHELBY:
Mr. Scott, you had provided a memo

regarding a new business item. Did you want to take

that up at this time because you will not be here for

new business?

09:34:47 >> I can certainly do that.

That new business item, I would like for the

administration to give us a report on the accident and

death that occurred on 34th street and Chelsea,

that happened about three weeks ago.

I did have opportunity to go out and walk around the

site and visit the site and I can tell you there's a

major issue, blocking the view of those who are coming

off of Chelsea.

But I would like for the administration to report on

that.

And what action they are going to take to correct the

issue relative to that.

That's a very dangerous intersection on 34th and

Chelsea.

I would like for the administration to appear at our




next regular meeting with a report relative to the

accident and how to try to correct the problem.

09:35:40 >>MARTIN SHELBY:
That was for the 17th?

Oh, the 21st.

09:35:54 >>CHARLIE MIRANDA:
I have a motion by Mr. Scott,

seconded by Mr. Caetano.

The ayes have it.

09:36:02 >>MARTIN SHELBY:
You have a request by City Council

Chip Fletcher who is present for a walk-on resolution.

ending resolution 2010-838 by correcting a

scrivener's error in section 1.

I don't know if Mr. Fletcher needs to address it with

council.

09:36:15 >>CHARLES FLETCHER:
We need to indicate the crest

correct funds it needs to be deposited into.

There was an error in the organization original

resolution.

09:36:28 >>THOMAS SCOTT:
Fine.

09:36:30 >>MARTIN SHELBY:
So did you wish to --

09:36:34 >> So moved.

09:36:35 >>JOSEPH P. CAETANO:
Second.

09:36:36 >>THOMAS SCOTT:
All in favor?




Opposes?

09:36:39 >>MARTIN SHELBY:
Thank you.

Council, with regard to items to be removed from the

agenda, I believe you received a memorandum from

Chairman Scott requesting the removal of items 16, 20,

21, 23, 24, 28, 38 and 42.

Is that correct?

Those are the items you wish to have removed under

staff reports?

09:37:17 >> Under staff, yes.

09:37:18 >>MARTIN SHELBY:
For discussion.

Also, council, with regard to item number 70 on your

agenda, that's under the consent docket, but that will

require a separate vote because my understanding is

that council member Stokes will be declaring a conflict

on that, and abstaining.

So if he could -- just a reminder of that.

Council, item number 22 is on the consent docket.

And I apologize, this doesn't appear on your addendum.

I am asking that the rules of procedure be moved to

staff reports.

I have a very minor revision to make, and I would like




to do a substitution and have the opportunity to

explain it to you.

It really is not a substantive change but I would like

to remove 22 through staff reports.

Item number 62 is a resolution setting a public

hearing.

What you have before you is a request for a substantive

legal description and updated ownership lift and as

part of the agenda that you accept that substitution.

I believe number 73, council, is a 9:30 second reading

and adoption public hearing, and, council, that pass on

first reading on a four-to-three vote.

And council member Miller was on the prevailing side.

She being absent, in order for this to go forward, if

it does go forward today, you would have a three-three

tie.

And there may be a request, I believe, from the

petitioner for a continuance on that item.

If you wish to take that up now, council, it is after

9:30, it would be appropriate to do that if that's your

pleasure, or you can wait till you get to the public

hearings.




09:39:14 >> Lauralee west, requesting that this be heard before

full council on 10-21, please.

10-21, your next regularly scheduled.

09:39:27 >>THOMAS SCOTT:
So we can take that up now?

09:39:31 >>MARTIN SHELBY:
You can make a motion to open the

public hearing.

09:39:34 >>CHARLIE MIRANDA:
So moved to open item 73.

09:39:36 >>JOSEPH P. CAETANO:
Second.

09:39:37 >>THOMAS SCOTT:
All in favor?

Opposes?

09:39:40 >>MARTIN SHELBY:
Now you can inquire.

09:39:41 >>THOMAS SCOTT:
Does anyone here wish to address the

continuance to October 21st?

09:39:47 >>CHARLIE MIRANDA:
Mr. Chairman, I move to continue

this hearing to October 21st and leave it open so

we can continue it as it is.

09:39:55 >>MARTIN SHELBY:
And that would be set for 9:30 a.m.

09:40:00 >>MARTIN SHELBY:
9:30 a.m.

09:40:02 >>JOSEPH P. CAETANO:
Second.

09:40:02 >>THOMAS SCOTT:
All in favor?

Opposes?

09:40:05 >>MARTIN SHELBY:
Thank you.




Item 78 is going to be taken up at 10:00.

And you will be requesting at that time to receive a

substitute ordinance deleting 8061 South Westshore

Boulevard from the proposed designation provided by

senior assistant attorney Julia Cole.

At 10:30 a.m., there will be a request for a substitute

ordinance to be moved amending the Tampa comprehensive

plan by adding definitions and amending certain

chapters and objectives and associated policies, and

that will be taken up at 10:30.

Council, item number 64 is an ordinance amending

chapter 2, the standards of conduct and accountability

requirements for nonprofits.

That's for second reading.

I believe Mr. Fletcher is requesting a continuance of

that item to October 21st at 9:30 a.m.

09:41:08 >>CHARLIE MIRANDA:
I move item 64 be opened.

09:41:10 >>JOSEPH P. CAETANO:
Second.

09:41:12 >>THOMAS SCOTT:
Moved and seconded.

All in favor?

Opposes?

Anyone from the public?




09:41:19 >>CHARLIE MIRANDA:
I move that item 64 be continued to

10-21 at 9:30 a.m.

09:41:25 >> seconded by Councilwoman Mulhern.

All in favor signify by saying Aye.

Opposes?

09:41:31 >>MARTIN SHELBY:
Item 85, council, is a request by

council member Stokes to have that item removed from

the agenda.

And that could be taken up as part of the approval of

the agenda.

09:41:48 >>THOMAS SCOTT:
I just have some questions when we come

too that relative to this item that I raised with the

attorney but we can take it up when we come to that.

09:41:55 >>MARTIN SHELBY:
We will not act on item 85 until that

item comes up.

Item number 90, 1:30 in the afternoon, it cannot be

taken up until that time, but to put the public on

notice that file C-10-13, the petitioner Levine medical

in North Beauty Heights is going to be requesting a

continuance to November 18 at 1020.

That cannot be taken up until that time.

Council, I believe there are no other changes that I am




aware of to today's agenda.

Madam clerk, please correct me if I am wrong.

And I present it to you for your approval.

09:42:41 >>THOMAS SCOTT:
I just need to raise a question on item

91.

That is man grove, I'm sure there are going to be a lot

of people here but you are down to five members this

afternoon.

Is that something we can address now so we don't have

all these people in here coming down?

I just want ton know how to handle it at this point.

09:43:06 >>MARTIN SHELBY:
Unfortunately this is set for a time

certain.

1:30 in the afternoon or thereafter.

It would be appropriate for council to take it up.

At this point in time neither the petitioner nor any

members of the community are here to set forth what

their positions are so I believe that would be

appropriate.

09:43:25 >>THOMAS SCOTT:
I just wanted to raise it as a concern.

Of this will be the third time we have heard this case,

I believe.




So understand that you are down to five council people.

09:43:41 >>MARY MULHERN:
I think just to let anyone who is

watching expecting to be here at 1:30 that there's a

fairly good likelihood that it will be continued.

So that's all we can do.

09:43:52 >>THOMAS SCOTT:
Motion to approve the changes to the

agenda.

09:43:58 >> So moved.

09:43:59 >> Second.

09:44:00 >>THOMAS SCOTT:
All in favor?

Opposes?

Okay.

We'll take public comment at this time.

We'll take public.

This is your time to talk about whatever you desire on

the agenda first.

Those who want to speak may speak first to items on the

agenda.

You have three minutes.

State your name and address for the record.

09:44:20 >> My name is Al Davis, at 3717 east wilder.

And the item on the agenda is item number 24.




Mr. Chairman, I'm a little puzzled from the item being

on the City Council agenda in the form of a resolution.

I'm puzzled because I am not certain if there is a

strict personality of the City Council and the agency

that it created called the committee redevelopment

agency.

The Community Redevelopment Agency.

I'm asking when your personality is in the form of an

agency, I go to the agency.

Now your personality is in the form of the City Council

on the topic for which it relates to the agency.

So just to be sure I'm okay myself in terms of the

similarity, you are the City Council, you are the

governing body of this municipality.

You created the agency, and you managed that agency by

the members of the council.

I believe I'm correct in that.

Correct?

Item number 24 is an agreement that the city is dealing

with the agency.

Well, when you end your role as a City Council, I think

I can deal with that.




But when I get to the agency, and then I deal with the

agency, I do try to deal with them in a different, you

know, structure organization, but with the same people

in a different role.

Having said all of that, Mr. Chairman, I would like to

present to the council concerning item number 24, that

there's some need for absolute clarity in terms of what

I'm about to speak to now.

The agency and its policy has delegated some

responsibility to an organization called East Tampa

Community Redevelopment Agency.

(Bell sounds)

Please extend just another minute, Mr. Chairman.

09:48:12 >>THOMAS SCOTT:
Ordinarily I would do it but because

it's ten to ten and I will not be here this afternoon,

but let me just say, Mr. Davis, the CRA agency function

created under Florida statute 163 -- is that right?

All right.

This was on our agenda today.

Actually the interlocal agreement, a memorandum between

administration and the CRA.

We are just simply ratifying the action that the CRA




took earlier.

Now it's coming to us for ratification.

09:48:54 >>> Yes.

09:48:56 >>THOMAS SCOTT:
So that requires a vote of the City

Council.

Relative to what you are talking about, that is a CRA

issue, because your reference to the valuable work

that's been given oversight, I guess, of East Tampa,

that's done through the CRA.

City Council does not do that.

The CRA did that.

The only thing we are ratifying today is this agreement

to have allow the administration to service, as I

understand, service or administrate those CRA areas.

09:49:32 >> Yes, sir.

But the agreement specifically identifies East Tampa

Community Redevelopment Agency as a required element of

your function.

09:49:54 >>THOMAS SCOTT:
Mr. Davis.

Okay, Mr. Davis, thank you very much for your public

comment.

You have to address that issue with the CRA which is




not in session now.

They were in session at 9:00.

This is the Tampa City Council.

The only action that we have is to vote on this

memorandum of understanding or this service agreement.

That's the only action we are taking today.

09:50:17 >>>

09:50:18 >>> But when you do that, you are locking in the

problem that I am trying to address through this

agency -- through this City Council, because when you

ratified that agreement, you are ratifying the problem

related to the partnership.

09:50:40 >>MARTIN SHELBY:


09:50:42 >>THOMAS SCOTT:
Thank you, Mr. Davis.

09:50:44 >>> Mr. Chairman, is that partnership a legal --

09:50:48 >>THOMAS SCOTT:
Mr. Davis, Mr. Davis, your three

minutes is up.

Thank you.

I'm trying to be as gentle as I can to my senior

colleague and my senior constituents.

Okay?

Thank you very kindly.




09:50:59 >>> So can I leave these?

For the record?

09:51:02 >> Yes, sir, you can certainly do that.

Sal, just speak briefly on this service agreement, and

that's just pretty much our role.

09:51:12 >>SAL TERRITO:
Legal department.

The service agreement is an agreement between the city

and the CRA.

The CRA approves it as an independent body.

What the City Council is being asked to do is

authorizing the mayor to execute this agreement that

will allow them to have their employees serve the CRA

as necessary.

09:51:34 >>THOMAS SCOTT:
Okay.

Thank you.

Thank you very much.

Next?

09:51:45 >> My name is Jennifer Hollowell, east Navaho Avenue.

I was disturbed by Mayor Iorio's reaction to the latest

bicycling death.

She said she can't control behavior of drivers.

Why not?




She has a police force, doesn't she?

Why not enforce existing traffic laws?

If Tampa police crack down and enforce the laws that

are out there, Tampa would be a safer place to bicycle.

I have to ask you people, you obviously drove down

here, and drive around the City of Tampa, how often you

come to a red light that people actually stop.

Is it more not often the norm that people run red

lights and scoot through the intersections?

I think it's become the norm people are in such a hurry

that they see red lights as a chance -- anyway, my

point is, if the City of Tampa police department

enforced the traffic laws, Tampa would be a safer place

to bicycle.

Second, if Tampa ever hopes to become a great city, it

needs to find a way to raise a bicycling culture.

Right now we are slaves to our automobiles.

We have a bicycle-friendly terrain.

It flat out there.

We have bicycle-friendly weather.

It doesn't get too hot here.

We do not have bicycle friendly streets.




And what's to not like about the bicycle as

transportation?

It gets cars off the road, which reduces our dependence

on oil, and it reduces pollution.

And it's healthy.

What a great way to fight America's ever growing

waistline.

I urge you to listen to Alan's presentation closely, to

make Tampa a bicycle-friendly city.

09:53:40 >>THOMAS SCOTT:
Next.

Thank you very much, ma'am.

09:53:50 >> My name is Nancy Byrd, 3317 west Sevilla circle,

Tampa.

And thank you very much for taking the time to hear us

this morning.

I am a nurse at Tampa general and I have worked there

25 years, and the last ten of those years I have ridden

my bike to work, and our president of Tampa General

Hospital Mr. Ron hightop was kind enough to build a

bicycle corral for our bicycles in the garage so we

check of in with the cashier, get a key and put our

bicycles in there and it's a nice safe place and a




great place to ride your bicycle, too.

Unfortunately, I live on the other side of the

peninsula of Tampa, near Westshore Boulevard, and I

have to cross over to Bay to Bay, so there's not really

any safe way to cross lower peninsula of Tampa.

They were going to make a bike lane on Euclid Boulevard

but the residents said, they want to park on the

streets.

It's not really safe to park on, they don't leave their

cars there, so there was enough room there to make a

safe bike lane.

There's no bike lanes on El Prado Boulevard.

There's no bike lanes on Bay to Bay across the

peninsula.

So it would be nice to have a safe way to cross the

peninsula.

Then once you get across, then you can ride on the bike

lane on Bayshore Boulevard which abruptly ends near

Rome street.

So I don't know why the bike lanes just abruptly end

the way they do.

There's several other areas in Tampa whereof they




abruptly end like that.

Westbound down on Manhattan, they started bike line

that abruptly ends near Gandy.

So there's a couple places.

Anyway with, I do hope that you will consider what Alan

presents this morning and really bicycling is a

wonderful thing to do here in Tampa, and I love it.

Thank you very much for your time.

09:55:47 >>THOMAS SCOTT:
Thank you.

Next speaker.

09:55:51 >> My name is Moses Knott, Jr., I reside at 2902 East

Ellicott three nights a week and then again I thank God

for his grace and his mercy.

Get along good if you believe in it.

Thank you very much.

But Mr. Chairman, I want to speak on the bicycling and

then the light rail.

A theme song, we don't need light rail, we need bicycle

trails.

Let me tell you, East Tampa is the only place in the

world, we don't have a walk trail, let alone a bicycle

trail.




I have been coming to this podium about 20 years, and

she's gone now but she knows about it.

But you hear me talk about it all the time.

I'm a bicycle person.

I own over 20 bicycles.

People kid me why do you have these bicycles?

Now the bicycle is going to come into play.

Right now bicycling in the city, you have got to have a

bicycle now.

Poor people, we need a bicycle to go to work, and

transportation.

People in north Tampa, South Tampa, St. Petersburg,

they ride their bicycle on the trail.

They rich.

Oh, they have an exercise bicycle.

But I used to stow my bicycle on the top of the pickup

truck and go to the rich part of town.

I been here a long time.

I been coming hereto years ago.

Long time ago, ten years ago, when I ride a bicycle I

put my bicycle on the back of my truck.

It's dangerous over there.




And another thing.

Don't who know who get on a bicycle over there.

They don't even report it.

On Hillsborough and 22nd all down through there, people

knock you over a bicycle, but it's going on.

But I tell people like I do animals today, one for four

or five black peoples.

And it's the same with the bicycle trail.

But like I said about this -- that high-speed train,

I'm going to tell all of the poor people, don't put a

penny into this thing, not near a penny.

The community tax thing, I told all the black people to

vote yes for it, that their children go to school and

get free lunch.

See, I will defend the poor peoples.

Nobody wants that job.

But when it's voting time, these people 6:00 come in.

But right now, my theme from now on out, we don't want

light rail.

We want bicycle trail.

We never had a bicycle trail over there.

Ms. Miller, God bless her, she's not here this morning.




Around that -- all them walking there.

In Hillsborough County, we don't even have a walk

trail.

We got one park and then this year they charge $25 for

a child to go to a park.

It's a shame over there.

I'm going to call it little Haiti because we get along

the same way they do over there.

It's a shame.

And this morning, you all got this $800,000 over there.

$800,000.

East Tampa --

(Bell sounds)

09:59:31 >> Thank you, Mr. Knott.

09:59:34 >> We don't need light rail.

We need bicycle trails.

09:59:38 >>THOMAS SCOTT:
Thank you.

09:59:40 >> Chip Donnis, 1219 East Hunter Avenue. And I

certainly agree with that.

I want to talk about bike safety and actually road

safety for everyone.

And I want to mention three reasons why you and all of




us should care about maximizing bike safety and

promoting bike riding.

Two briefly alluded to but driving is an echo logic

disaster, completely unsustainable for a number of

reasons, the most obvious which would be the toxic

fumes coming out of everyone's tail pipe, not to

mention the carbon dioxide which is going to be a

really big problem.

And since driving is so disastrous, bicycling is not.

We should be doing everything in our power to promote

biking as an alternative to driving.

And the second reason is, any need to reduce our

dependency on oil is dependent on reducing our

dependency on the car.

And the third reason is -- the third may be the one

that motivates you most to action, but the automobile

is quickly becoming financially unsustainable for a

majority of Americans when 50% of the American

household's income there's less than $50,000, and it

costs 6 to $9,000 to own a car.

Simple arithmetic says that cannot continue much

longer.




And we are going to see a radical transformation in

this country to two and three wheeled vehicles, and the

community communities that anticipate this the best and

prepare for it are going to be the most successful, and

best community to live in.

And I am not talking 20 years down the road that this

is going to happen.

It's going to happen in the next decade.

People are running into a financial withdrawal and they

are not going to be able to afford to own a car for

much longer.

We need to do things like build the Hillsborough River

trail.

A very doable trail that runs along the Hillsborough

River from Temple Terrace to downtown, the plans were

drawn up 15 years ago.

They are out there somewhere.

Right-of-way is mostly owned by the county and the city

of Temple Terrace and the City of Tampa.

A little cooperation between those three entities, we

could have this done in two or three years.

We need to do more public service ads.




During these meetings when you are on recess, there's a

screen that says nothing else but Tampa City Council in

recess.

Let's use that time to broadcast public service ads,

tip of the month, how you can ride safer, how you can

share the road safer as a motorist.

And we need to adopt things like the Idaho stop that

allows bicyclists to treat stop signs as yield signs

and red lights as stop signs.

These are the kinds of things that will promote and

encourage bike riding.

But more than anything, we need to get a handle on

reckless and aggressive driving that is so prevalent on

area roads here.

If we do not do that, it will never be safe to ride.

And of in Oklahoma City, they made a conscious effort

to crack down on road crimes, about 10, 12 years ago.

They got a grant that put three extra officers on the

road.

But I talked to the sheriff of in Oklahoma City, and he

said that after two years of cracking down on motor

vehicle crimes, all crime got reduced about 50%,




because most criminals are breaking laws of the road so

they were taking a lot of people circulation.

(Bell sounds).

10:03:19 >>THOMAS SCOTT:
Thank you very much.

Anyone else?

Okay.

Reconsideration on a legislative matter?

We will take up the first ordinance, item number 1

that's on our agenda.

10:03:39 >>MARTIN SHELBY:
That needs to be read by title.

10:03:51 >>CHARLIE MIRANDA:
Mr. Chairman, item number 1 for

first reading, an ordinance presented for first reading

consideration, an ordinance of the City of Tampa

repealing Tampa code section 14-27 relating to the

impoundment of motor vehicles used to facilitate

prostitution and drug related crimes and providing an

effective date.

10:04:10 >>JOSEPH P. CAETANO:
Second.

10:04:12 >>THOMAS SCOTT:
It's my understanding it will repeal

this but the Florida statutes still is in place to

cover this.

Is that correct, legal?




Do you want to come to the to state it on the record?

10:04:24 >>SAL TERRITO:
Legal department.

That's correct.

If this is repealed, the Florida statute will still be

in effect.

10:04:29 >>CHARLIE MIRANDA:
And what this means, if you do it,

you lose your car.

10:04:32 >>SAL TERRITO:
Yes.

10:04:34 >>THOMAS SCOTT:
And a second.

Seconded by councilman Caetano.

All in favor?

Opposes?

Okay.

10:04:41 >>THE CLERK:
Motion carried we've Miller being absent.

Second reading of the ordinance will be held October

21st at 9:30 a.m.

10:04:51 >> our committee report, public safety, councilman

Miranda.

10:04:57 >> Thank you, Mr. Chairman.

Move items 2 through 5.

10:05:03 >> Second.

10:05:06 >>THOMAS SCOTT:
Moved and seconded.




All in favor?

Parks and recreation.

Councilman Stokes?

10:05:10 >> Move item 2 through 16.

10:05:16 >> Second.

10:05:17 >>THOMAS SCOTT:
All in favor?

Opposes?

Okay.

Public Works Committee.

Councilwoman -- councilman Charlie Miranda.

Sorry.

10:05:26 >>CHARLIE MIRANDA:
That's all right.

[ Laughter ]

Sound like the mayor coming up.

Anyway, I move items 11 through 15.

10:05:37 >> Second.

10:05:39 >>THOMAS SCOTT:
Moved and seconded.

All in favor?

Finance Committee.

Councilwoman Mulhern.

10:05:44 >>MARY MULHERN:
I move item 17 through 19.

10:05:52 >> Second.




10:05:54 >>THOMAS SCOTT:
All in favor?

Opposes?

We are holding now --

10:06:05 >>MARY MULHERN:
--

10:06:11 >> 20 through 24, I believe.

10:06:14 >>MARY MULHERN:
20 through 22.

10:06:18 >>JOSEPH P. CAETANO:
20 to 22.

Correct.

10:06:21 >>THOMAS SCOTT:
Okay.

Let me add back in item 21 and 22, and hold item 20.

Can we do that?

I got the answer to 21 and 22.

10:06:37 >> Then I'll move item 21.

10:06:41 >>THOMAS SCOTT:
To 22.

10:06:43 >> To under staff reports.

So I move item 21.

10:06:47 >> Second.

10:06:48 >>THOMAS SCOTT:
Moved and seconded.

All in favor?

Opposes?

Okay.

Building and zoning.




Councilman Caetano.

10:06:58 >>JOSEPH P. CAETANO:
I want to move items 23 to 55,

and we'll leave out, 23, 24, 28, 38, 42 and 53.

10:07:15 >>THOMAS SCOTT:
We are only going to pull out item 23

and 28. You can leave the rest of them in there. I

got the answers on the other ones.

Moved and seconded.

All in favor?

Opposes?

Transportation committee.

Councilwoman Capin.

10:07:43 >>YVONNE CAPIN:
I move items 56 through 60.

10:07:50 >>CHARLIE MIRANDA:
Second.

10:07:50 >>THOMAS SCOTT:
All in favor? Opposes?

Then we need to set the items.

10:07:55 >>CHARLIE MIRANDA:
Set for public hearings items 61 and

62 as substituted.

And 63.

10:08:01 >>MARTIN SHELBY:
Mr. Chairman, if I may.

Just to direct your attention to item number 61.

And the request came through setting the public hearing

for 1:30 in the afternoon on November 18.




And I believe council wishes to change its policy in

that regard to remind you November 18th is your

last meeting before Thanksgiving break.

You have a regular council meeting scheduled for the

morning.

You have an evening meeting.

And I guess my question would be do you wish to have

this hearing set for the morning?

10:08:42 >>THOMAS SCOTT:
Yes.

10:08:42 >>JULIA COLE:
Legal department.

It is possible, but if I could, I would like to present

a substitute resolution, because per the notification

for vacations of right-of-way is actually the

resolution setting the public hearing.

So I'll go ahead and put a substitute, and if you could

give me the time you want to schedule it for we'll go

ahead and get that.

10:09:07 >>THOMAS SCOTT:
I thought we voted on our last regular

meeting to start doing everything on the morning agenda

because the morning agenda has gotten shorter, so we

said that we will start trying to get everything on the

morning agenda.




10:09:18 >>JULIA COLE:
I think this probably went into problem

sees prior to that motion being made but we can change

it.

I just would like to revise the resolution and bring

that back, because that resolution is in fact what is

mailed out.

10:09:28 >>MARTIN SHELBY:
If we can hold that then.

And Ms. Cole, if that could be set for 10:30 a.m.?

10:09:35 >>> I can make that happen.

10:09:36 >>THOMAS SCOTT:
Thank you. So we'll move 62 and 63.

Moved and seconded.

All in favor signify by saying Aye.

Opposes?

10:09:46 >>MARTIN SHELBY:
Excuse me.

Forgive me.

You will recall, I looked at item 63.

I'm sorry I missed that.

That is also -- Ms. Cole, item 63 is a VRB hearing.

I don't know be if that's going to be the same issue.

10:10:00 >>JULIA COLE:
No, you can schedule that by motion.

The vacations and the right-of-way are only ones that

require the actual resolution to be mailed out.




10:10:08 >>MARTIN SHELBY:
Could you make a motion to amend

number 63 to 10:30 a.m. on November 18th?

10:10:15 >>MARY MULHERN:
So moved.

10:10:16 >> Second.

10:10:18 >>THOMAS SCOTT:
All in favor?

Opposes?

10:10:19 >>JULIA COLE:
And I'll make sure that all the

attorneys in the land use group understand in

scheduling the public hearing, that they schedule them

all beginning at 10:30.

10:10:28 >>THOMAS SCOTT:
Thank you very much.

93:06 public hearings.

Reading of the second ordinance.

10:10:33 >>CHARLIE MIRANDA:
I'll move all those items be read at

9:30 at second reading, to open, 64 through 77, I

believe, 73 moved earlier to 10-21.

10:10:47 >>JOSEPH P. CAETANO:
Second.

10:10:51 >>THOMAS SCOTT:
All in favor?

Opposes?

Okay.

Thank you very much.

10:10:55 >>MARTIN SHELBY:
Mr. Chairman, I believe 64 was taken




care of.

10:11:01 >>THOMAS SCOTT:
64 has been continued.

65.

10:11:04 >> Even item 65.

10:11:24 >> I'll move the ordinance.

10:11:27 >>THOMAS SCOTT:
All in favor to close?

(Motion carried).

10:11:31 >>CHARLIE MIRANDA:
An ordinance of the city of Tampa,

Florida making revisions to the City of Tampa code of

ordinances chapter 22, section 22-103 to provide for

certain exceptions when new sidewalk construction is

required and a certain exception when a contribution to

the sidewalk trust fund is made in lieu of construction

of a sidewalk is required providing for severability,

providing for repeal of all ordinances oar technical

manuals or resolution in conflict here with, providing

an effective date.

10:11:57 >>THOMAS SCOTT:
This is where you have been working on

for some time on the sidewalks?

10:12:01 >>CHARLIE MIRANDA:
Yes, sir.

I had curls when this first started.

10:12:03 >>THOMAS SCOTT:
So we are making progress.




10:12:05 >>CHARLIE MIRANDA:
Yes, sir.

10:12:06 >>THOMAS SCOTT:
Okay.

Moved and seconded.

Record your vote.

10:12:25 >>THE CLERK:
Motion carried with Miller being absent.

10:12:27 >>THOMAS SCOTT:
Thank you, Mr. Miranda, for your

leadership on that.

Item 66.

10:12:31 >>MARTIN SHELBY:
Items number 66 through 77 are

quasi-judicial and require witnesses to be sworn.

10:12:39 >>THOMAS SCOTT:
Okay.

Everybody please stand and be sworn, if you are going

to be speaking, if you think you want to speak, stand

and be sworn.

(Oath administered by Clerk).

10:12:59 >>MARTIN SHELBY:
I ask that all written communications

which have been available for public inspection in City

Council's office be received and filed into the record

by motion at this time.

10:13:05 >>THOMAS SCOTT:
Is there a second?

10:13:10 >> Second.

10:13:11 >>THOMAS SCOTT:
All in favor?




Opposed?

10:13:13 >>MARTIN SHELBY:
Second, just to remind the public

there is a sign-northbound sheet outside, and to assist

the clerk please make sure if you do speak today that

you have signed the sign-northbound sheet.

And lastly, council, if there's been any ex parte

communications with any member of the public in

relation to any of today's hearings, please disclose

that prior to council taking action on that item.

Thank you.

10:13:34 >> Item 66.

Anyone from the public?

Motion to close?

10:13:51 >>MARY MULHERN:
So moved.

10:13:53 >>YVONNE CAPIN:
Second.

10:13:54 >>THOMAS SCOTT:
Moved and seconded

Mr. Stokes?

10:14:00 >>CURTIS STOKES:
An ordinance of the city of Tampa,

Florida renaming certain real property located at 5000

north river Boulevard Tampa, Florida that has been

dedicated as river crest linear park to Ignacio Haya

linear park providing for severability, repealing all




ordinances or parts of ordinances in conflict herewith,

providing an effective date.

10:14:20 >>THOMAS SCOTT:
Moved and seconded by Councilwoman

Mulhern.

All in favor record your vote.

10:14:32 >> Motion carried with Miller being absent and Miranda

being absent at vote.

10:14:38 >>THOMAS SCOTT:
Item 67.

Anyone from the public wish to address council on item

67?

Motion to close?

10:14:46 >> So moved.

10:14:47 >> Second.

10:14:47 >>THOMAS SCOTT:
Moved by councilman Stokes, seconded

by councilman Caetano.

All in favor?

Item 67.

Councilwoman Mulhern.

10:14:54 >>MARY MULHERN:
I move an ordinance being presented

for second reading and adoption.

An ordinance of the city of Tampa, Florida approving an

ended and restated development order for the Tampa




Bay center development of regional impact DRI number

16, previously approved development of regional impact

rendered pursuant to chapter 380, Florida statutes,

providing an effective date here hereof.

10:15:20 >>JOSEPH P. CAETANO:
Second.

10:15:22 >>THOMAS SCOTT:
Moved and seconded.

Record your vote.

10:15:24 >>THE CLERK:
Motion carried with Miller being absent

and Miranda being absent at vote.

10:15:35 >>THOMAS SCOTT:
Item 68.

Item 68.

Motion to close?

10:15:41 >> Move to close.

10:15:44 >>JOSEPH P. CAETANO:
Second.

10:15:44 >>THOMAS SCOTT:
All in favor?

Opposes?

Item 68.

Councilwoman Capin.

10:15:49 >>YVONNE CAPIN:
Thank you, Mr. Chairman.

I move to adopt the following ordinance for second

reading.

An ordinance of the city of Tampa, Florida approving an




ended and restated development order for the Tampa

Bay center limited partnership parcels development of

regional impact DRI number 16-A, a previously approved

development of regional impact rendered pursuant to

chapter 380, Florida statutes, providing an effective

date.

10:16:14 >>THOMAS SCOTT:
Second?

10:16:16 >>CHARLIE MIRANDA:
Second.

10:16:17 >>THOMAS SCOTT:
Record your vote.

Item 68.

Record your vote.

10:16:40 >>JOSEPH P. CAETANO:
I voted once.

10:16:46 >>THE CLERK:
Motion carried with Miller being absent.

10:16:48 >>THOMAS SCOTT:
Stem 69.

Anyone from the public wish to address council?

69.

10:16:57 >>CHARLIE MIRANDA:
Move to close.

10:16:57 >> Second.

10:16:58 >>THOMAS SCOTT:
All in favor?

Opposes?

Item 69.

Councilman Caetano.




10:17:02 >>JOSEPH P. CAETANO:
An ordinance presented for

certificated reading and adoption, an ordinance of the

City of Tampa approving an amended and restate

development order for the Tampa Bay center school

parcel development of regional impact DRI 16-B a

previously approved development of regional impact

rendered pursuant to chapter 380 Florida statutes,

providing an effective date.

Original motion to place this ordinance on first

reading initiated by Miranda.

When don't need that

10:17:30 >>THOMAS SCOTT:
Is there a second?

10:17:37 >>CHARLIE MIRANDA:
Second.

10:17:38 >>THOMAS SCOTT:
By councilman Miranda.

Record your vote.

10:17:50 >>THE CLERK:
Motion carried with Miller being absent.

10:17:52 >>THOMAS SCOTT:
Item 70.

Item 70.

Anyone from the public wish to address council?

Anyone from the public?

10:18:00 >>MARTIN SHELBY:
I believe that council member Stokes,

you will be abstaining from this?




10:18:11 >> Yes, I will.

10:18:11 >> It involves first third bank by which you are

retained.

10:18:17 >> Yes.

10:18:18 >> Land development.

Item 70, 71, 72, 74, 75, 76, 77, 78 and 80 all require

certified site plans.

Site plans have been certified and provided to the

clerk.

Copies are available for council.

10:18:40 >>CHARLIE MIRANDA:
Now move to close.

10:18:41 >> Second.

10:18:42 >>THOMAS SCOTT:
Moved and seconded.

All in favor?

Okay.

Councilman Stokes can't read that.

10:18:52 >>CHARLIE MIRANDA:
He's abstaining.

10:18:53 >>MARY MULHERN:
I move an ordinance being presented

for second reading and adoption, approving a special

using permit S 2 approving a bank drive-in window in a

VC commercial general in the general vicinity of 2206

east Fowler Avenue in the city of Tampa, Florida and as




more particularly described in section 1 hereof

providing an effective date.

10:19:20 >>THOMAS SCOTT:
Moved and seconded.

Record your vote.

10:19:36 >>THE CLERK:
Motion carried with Miller being absent

and Stokes abstaining.

10:19:39 >>THOMAS SCOTT:
Anyone wishing to addressing council

on item 71?

Item 71.

10:19:44 >>CHARLIE MIRANDA:
Move to close.

10:19:45 >> Second.

10:19:46 >>THOMAS SCOTT:
All in favor?

Okay.

71, councilman Stokes, do you want to read that?

10:19:55 >>CURTIS STOKES:
An ordinance being presented for

second reading and adoption, an ordinance approving a

special use permit S-2 for alcoholic beverage sales

small venue and making lawful the sale of beverages

containing alcohol of more than 1% by weight and not

more than 14% by weight and wines regardless of

alcoholic content beer and wine 2(COP-R) for

consumption on the premises only in connection with a




restaurant business establishment on that certain lot,

plot or tract of land located at 3501-3503 North

Armenia Avenue, Tampa, Florida, as more particularly

described in section 2 hereof, providing for repeal of

all ordinances in conflict, providing an effective

date.

10:20:36 >>CHARLIE MIRANDA:
This close he is alcohol before

midnight, or at midnight?

10:20:41 >>ABBYE FEELEY:
Land development.

Let me just check for that.

Catherine Coyle had presented this case to you on

September 23rd.

Yes, sir.

Hours of operation will be Monday through Sunday,

8 a.m. to 9 p.m.

10:21:06 >>CHARLIE MIRANDA:
Thank you very much.

10:21:07 >>THOMAS SCOTT:
Moved and seconded by Councilwoman

Mulhern.

Record your vote.

10:21:19 >>THE CLERK:
Motion carried with Miller being absent.

10:21:21 >>THOMAS SCOTT:
Item 72.

Item 72.




Anyone from the public wish to address council?

Moved and seconded.

All in favor?

Opposes?

Okay.

Item 72. Councilman Miranda.

10:21:36 >>CHARLIE MIRANDA:
I am going to move it because it

closes by midnight.

I move an ordinance repealing ordinance for second

reading and adoption number 2007-169 approving a

special use permit S-2 for alcoholic beverage sales

small venue and making lawful the sale of beverages

containing alcohol of more than 1% by weight and not

more than 14% by weight and wines regardless of

alcoholic content beer and wine 2(COP-R) for

consumption on premises only in connection with a

restaurant business establishment on that certain lot

plot or tract of land located at 2507 South MacDill

Avenue and 3105 west Palmira Avenue Tampa, Florida as

more particularly described in section 3 hereof

providing for repeal of all ordinances in conflict,

providing an effective date.




10:22:19 >>THOMAS SCOTT:
Seconded by Councilwoman Mulhern.

Record your vote.

10:22:28 >>THE CLERK:
Motion carried with Miller being absent.

10:22:30 >>THOMAS SCOTT:
Item 74.

Anyone from the public?

Anyone from the public wish to address council?

10:22:37 >>CHARLIE MIRANDA:
Move to close.

10:22:39 >>JOSEPH P. CAETANO:
Second.

10:22:39 >>THOMAS SCOTT:
All in favor?

Opposes?

All right.

Item 74.

Councilwoman Capin.

10:22:47 >>YVONNE CAPIN:
I move to adopt the following ordinance

for second reading.

10:22:51 >>CHARLIE MIRANDA:
Second.

10:22:53 >>YVONNE CAPIN:
An ordinance rezoning property in the

general vicinity of 1307 West Kennedy Boulevard and 109

north Willow Avenue in the City of Tampa and more

particularly described in section 1 from zoning

district classifications CI commercial intensive and IG

industrial general to PD planned development, medical




and business/professional office, hospital, hotel will

be motel daycare and nursery facility college and all

CI uses providing an effective date.

10:23:24 >>THOMAS SCOTT:
Seconded by councilman Miranda.

Record your vote.

10:23:36 >>THE CLERK:
Motion carried with Miller being absent

and Mulhern being absent at vote.

10:23:43 >>THOMAS SCOTT:
Item 75.

Anyone from the public wish to address council?

Item 75. 75.

Anyone from the public?

10:23:49 >>CHARLIE MIRANDA:
Move to close.

10:24:01 >>> My name is Joseph Brantley, 4732 Bay Vista Avenue,

and I have been sworn in before.

The last time I was here, I felt like I was battling a

losing cause, I thought, because I know how things

work, unfortunately.

I'll make a little comment.

I will say one thing.

I send letters constantly to Washington and get letters

from congressmen from all over the country, and every

letter I write to Washington, I write, I love my




country.

In all the letters I write, I love my country.

It's the government I'm afraid of.

And that's the way I feel as an individual,

unfortunately.

It's a shame that I feel that way.

But that's the way I feel.

Anyway, I got a picture here of my house before I did

the remodeling.

You can see how it was.

It was supposed to be a residential community, and I

remodeled my home.

And you can see it looks a lot better now.

It doesn't have that driveway because I changed the

driveway over to the Westshore side.

But I'm against changing the residential to commercial

or whatever they are going to put it in there.

Mainly because I have seen other areas.

When I first moved into that neighborhood, like I said,

back in 1951, I used to drive back and forth.

I worked at the airport.

I went back and forth between Westshore.




And everything on the Beach Park area south of Sunset

Park, all these areas south, on the west side of

Westshore, evidently was set up for business, because

they had trailer parks, a small little store close to

my house.

It was all on the west side.

The east side was set up for residential.

And that's the reason I bought the house there.

I did remodeling and everything.

Now they are going to change.

I know in the past I see where you change one area, the

first thing you know there's a second area, and then a

third area.

And that's why I'm against it.

I do not favor changing it from RS to anything else.

That's all I have to say, folks.

I'm sorry.

That's just the way I feel.

I joined the marine corps many years ago and fought for

this country and in a way I feel sorry for the way it's

going.

10:27:14 >>THOMAS SCOTT:
Next speaker.




Thank you.

10:27:16 >> My name is Richard O'Brien.

I'm the agent, and I have been sworn.

I just wanted to basically restate what we have stated

before.

We had worked with the neighborhood and had virtually

unanimous support.

And then also with the neighborhood association, Jerry

Houser the president of bayside west did do a vote and

it was an overwhelming majority in support.

And of course if we, being a site plan rezoning, in the

future, if anybody wanted to do anything different,

they would, obviously, have to go back before City

Council.

Thank you very much.

10:27:55 >>THOMAS SCOTT:
Thank you.

Anyone else?

10:27:58 >> May I make a statement?

10:28:03 >> No, sir, you can't do have that.

Sorry about that.

Anyone else?

Motion to close.




10:28:06 >> So moved.

10:28:08 >> Second.

10:28:09 >>THOMAS SCOTT:
All in favor?

Councilwoman Capin.

75.

10:28:17 >>YVONNE CAPIN:
I move to adopt the following ordinance

for second reading, an ordinance rezoning property in

the general vicinity of 4733 west Bay Vista Avenue in

the city of Tampa, Florida and more particularly

described in section 1 from zoning district

classifications RS-60 residential single to PD planned

development, office, business, professional, providing

an effective date.

10:28:40 >>THOMAS SCOTT:
Is there a second?

10:28:43 >>CHARLIE MIRANDA:
Second.

10:28:43 >>THOMAS SCOTT:
Okay.

Councilwoman Mulhern.

10:28:48 >>MARY MULHERN:
Mr. Brantley, I vote against this and

I will be voting against it again.

And while the plans for this office building look

really nice, and I think it's, you know, it will be an

acceptable thing to the neighborhood in general, we




have one of the long-time neighbors here who lives

adjacent to it, and I think this is -- there is a trend

as you go south on Westshore.

However, everything, it's mostly still residential

surrounding there.

And the -- you know, Mr. Brantley and other people are

told here, well, this doesn't mean that anyone else can

build anything like this.

But actually, as council approves this, it becomes the

precedent.

And we are showing that today if we do pass this.

So this is similar to a lot of other neighborhoods

where a street has become more intense like Westshore

has, and very similar to say, you know, West Tampa up

by St. Josephs, Mr. Miranda's neighborhood, where all

of the residential streets have gradually become

commercial or office and, you know, it's just a

slippery slope, and I think considering those are all

houses around there, and the other thing that really

strikes me, especially in the South Tampa desirable

neighborhoods westbound good public schools, those

houses that are on the corners of busier street are




really some of the only affordable houses, and they are

smaller, and the smaller houses like these ranch houses

that were built are the houses that young families can

afford to buy or to rent.

So I'm not going to be supporting this.

10:30:52 >>THOMAS SCOTT:
Moved and seconded by councilman

Stokes.

Record your vote.

10:31:05 >>THE CLERK:
Motion carried with Miller being absent

and Mulhern voting no.

10:31:08 >>THOMAS SCOTT:
Item 76.

Anyone from the public wish to address council on item

76?

10:31:14 >> Move to close.

10:31:22 >> Second.

10:31:23 >>THOMAS SCOTT:
Item 76.

Councilman Caetano?

.

10:31:27 >>JOSEPH P. CAETANO:
An ordinance presented for second

reading and adoption, an ordinance rezoning property in

the general vicinity of 3324 and 3330 South MacDill

Avenue in the city of Tampa, Florida and more




particularly described in section 1 from zoning

district classifications PD planned development,

office, business, professional, multifamily, and RO-1

residential office-1, to PD, planned development,

congregate living facility, large group care, providing

an effective date.

10:31:56 >>THOMAS SCOTT:
Seconded by councilman Miranda.

Record your vote.

10:32:01 >>THE CLERK:
Motion carried with Miller being absent.

10:32:15 >>THOMAS SCOTT:
Item 77.

Anyone from the public wish to address council on item

77?

Anyone from the public?

10:32:22 >>CHARLIE MIRANDA:
Move to close.

10:32:23 >> Second.

10:32:24 >>THOMAS SCOTT:
All in favor?

Opposes?

Item 77.

Councilman Stokes.

10:32:31 >>CURTIS STOKES:
Ordinance being presented for second

reading and adoption.

An ordinance rezoning property in the general vicinity




of 5142, 5210 and 5220 West Spruce Street in the city

of Tampa, Florida and more particularly described in

section 1 from zoning district classifications PD

planned development, business/professional office,

hotel, general retail, restaurant, to PD, planned

development, business/professional office, medical

office, hotel, airport shuttle service, principal

parking, general retail, restaurant, vehicle leasing,

providing an effective date.

10:33:02 >>THOMAS SCOTT:
Seconded by councilman Miranda.

Record your vote.

10:33:16 >>THE CLERK:
Motion carried with Miller being absent.

10:33:23 >>THOMAS SCOTT:
Council, we have the 10:30 time for

staff reports.

I would like to get through the 10:00 items within the

next five or ten minutes.

Let's try that.

And then we'll take up staff reports right after that.

Okay.

Item 78.

Item 78.

Anyone here wishing to address council on item 78?




10:33:41 >> Dennis Fernandez, historic, design manager.

10:33:50 >>THOMAS SCOTT:
I think Mr. Miranda opened all these

items, I believe, did you not earlier?

10:33:56 >> All through 80.

10:33:59 >>CHARLIE MIRANDA:
Through 80.

10:34:02 >> Second.

10:34:04 >>THOMAS SCOTT:
Moved and seconded.

You're on a roll, Mr. Miranda.

All in favor signify by saying Aye.

Okay.

Go ahead.

10:34:14 >> I'm here on two items today before you which is a

pleasure to be here with a recommendation for the HPC

to create various historic designations for the

properties.

The first being item number 78 which is a multiple

properties listing for the Beach Park neighborhood.

I have a brief PowerPoint on that.

On your monitor, the proposal is for a multiple

properties grouping in the Beach Park neighborhood.

This is a very early established neighborhood of the

City of Tampa.




In 1923, developer T. Roy Young purchased 350 acres of

Culbreath's orange groves and with his partners they

planned to develop to a residential community Beach

Park on the bay.

You see in the 1931 map the early development plans for

the area parts it out with residential and commercial

uses and also there were definitive gateways created

for this particular neighborhood, one off of Swann and

Lois which is recently rehabilitate and a second at

Cleveland hand Westshore which unfortunately is no

longer in existence.

The Beach Park development company had afternoon series

of man made canals and bayous, creating an idealic

planned community, one of the first for the City of

Tampa.

Actually this was in the county when it was actually

created.

And taking its key from other successful upscale

developments in Florida, Mediterranean revival was

chosen takes preferred architectural style, and believe

it or not back then they actually had an architecture

review board which reviewed these designs and found




that they were acceptable to the quality and design of

the neighborhood.

The staff initially engaged in a survey of the

remaining original structures.

We determined that 78 buildings remain from the

original Beach Park development company, based on a

previous survey.

65 actually remained that were considered to be

contributing.

The others had been altered and lost their historic

integrity.

The staff essentially sent letters to the property

owners, asked if they were interested in participating

in a development of a designation.

We received eight initial applications, and those are

the ones that were we are here before you on today.

And you see those spread out throughout the

neighborhood.

Since our initial outreach to the neighborhood, we have

received additional letters and we'll process those at

a future date.

And just to quickly go through those, we have 4510 west




Beach Way Drive built in 1926, 4508 west Rosemere road

built in 1924, 45606 Sylvan ramble constructed in 1925,

4505 west Beach Park drive constructed in 1925, 4521

west Azeele street constructed in 1929, 704 Westshore

Boulevard constructed in 19256, 414 royal palm way

constructed in 1925, 407 royal palm way constructed in

1926.

Under our code, these particular properties satisfy the

criteria under criteria A, community planning and

development, and criteria C, architecture.

And there's the recommendation of the Historic

Preservation Commission that the multiple properties

designation be created.

Thank you.

That completes this presentation.

10:38:07 >>MARY MULHERN:
Did you say this is the is the first

time we have done this or first time of in this

neighborhood?

10:38:16 >> This would be the first -- first multiple property

district within Beach Park.

10:38:21 >>MARY MULHERN:
But we have them in other?

10:38:25 >> We have other property designations.




10:38:27 >>MARY MULHERN:
Thank you.

10:38:30 >>> Sure.

10:38:30 >>THOMAS SCOTT:
Of this is a demonstration of how the

neighborhood came and moved Ford cohesively?

10:38:39 >>> That's correct.

We did a lot of outreach we've this particular

neighborhood and we think they have a program that they

are interested in participating.

10:38:45 >> Which this is how you want it to work.

10:38:47 >>

10:38:50 >>MARY MULHERN:
That's great because they all

individually opted in.

10:38:54 >>THOMAS SCOTT:
That's what I'm saying.

The process, you know, you have them involved, and they

all participated, and as a result of that, it's moving

forward.

So I think we have to commend Beach Park for their

working together, their cohesiveness and support in

moving this forward.

And thank the staff.

Anyone from the public wish to address council on this

item?




This is a public hearing.

10:39:24 >>CHARLIE MIRANDA:
Move to close.

10:39:26 >> Second.

10:39:27 >>THOMAS SCOTT:
All in favor?

Okay.

Councilwoman Capin, do you want to read that?

10:39:35 >>YVONNE CAPIN:
I'll read it.

At least five or six of these were my neighbors for ten

years, and it is a wonderful neighborhood and very

cooperative with each other.

So here we go.

Move to adopt for first adoption public hearing, an

ordinance of the city of Tampa, Florida creating Beach

Park multiple properties designation to include

properties located at 4505 and 4510 west Beachway

drive, 4508 west Rosemere road, 4506 Sylvan ramble,

4521 west Azeele street, 704 and 801 South Westshore

Boulevard, 407 and 414 royal palm way --

10:40:25 >> Excuse me, there's a substitute.

10:40:27 >> I'm sorry.

Thank you.

10:40:31 >> Substitute ordinance for first reading.




10:40:37 >> Substitute ordinance being presented for first

reading consideration.

An ordinance of the city of Tampa, Florida creating

Beach Park multiple properties designation to include

properties located at 4505 and 4510 west Beachway

drive, 4508 west Rosemere road, 4506 Sylvan ramble,

4521 west Azeele street, 704 South Westshore Boulevard,

407 and 414 royal palm way, Tampa, Florida, A as more

particularly described in section 3 hereof, as a local

landmark, providing for repeal of all ordinances in

conflict, providing for severability, providing an

effective date.

10:41:18 >>THOMAS SCOTT:
Moved and seconded.

All in favor signify by saying Aye.

Opposes?

10:41:26 >>THE CLERK:
Motion carried with Miller being absent.

Second reading of the ordinance will be held October

21st at 9:30 a.m.

10:41:33 >> item 79.

10:41:38 >>DENNIS FERNANDEZ:
Dennis Fernandez, historic

preservation, urban design manager, here on the

proposed designation.




Roy Jenkins swimming pool at 154 Columbia drive as a

local landmark.

And you have a presentation on that as well.

The Roy Jenkins swimming pool formerly known as the

Davis Island swimming pool was constructed as part of

the Davis Island development in 1929.

You have a picture from 1931 on your monitor.

It is located on the eastern side of Davis Island west

of the yacht basin and the baseball fields.

You see the highlighted area.

BP Davis developed the Davis Island by dredging 9

million cubic yards of sand out of Hillsborough bay to

stabilize and expand the mud flats formerly known as

little and big grassy island.

You see Mr. Davis on the left.

His vision of a Venetian paradise with the

Mediterranean style civic and commercial residential

buildings with amenities addressing all forms of luxury

community living year round was embodied in the Davis

Islands community, and one of the most important

components of that was this vision of a Roman pool

which we see manifested in the Roy Jenkins pool.




After experiencing a number of financial problems the

Webster stone development group took over the project

from Davis and continued to build it.

Although they did attempt to down-size the project

somewhat, it did end up completing the vision of that

Mr. Davis originally had.

The outside of the pool demonstrates all the hallmarks

of Mediterranean revival signs, tiled roofs, punched

windows.

The park still maintains its footprint.

However, no longer remains it's lushly landscaped

gardens that it featured.

There's a set of exterior stairs which flanked the

towers at both ends with designs and plaster cast

stones.

The open entry is gated with additional Franking and

enter your stairs.

The entire counter has ceramic tile and additional

plaster detailing.

Currently closed for evaluation, the three sections of

the pool are drained, to the north end has a covered

resting area with an open rafter system.




The basement levels house mechanics and locker rooms,

with windows to allow light in.

This is not the first historic pool, above-ground pool

to be designated, both in the state or in the City of

Tampa around the country.

Other above-ground pools in Florida including the Coral

Gables pool, the built-in -- the same period of time.

You see that on the left, listed in 19981 in the

national register of historic places.

The pool, built in 1937, a landmark of the City of

Tampa, the same designer designed the pool that is

featured in the upper left there.

Built in Missouri in 1936 and then in 19226 have an

additional one on the national register located in

Michigan.

The Roy Jenkins pool meets the criteria under the local

ordinance for designation under community planning and

development as an integral part of the Davis Islands

development, and plan, and under architecture as one of

the remaining original elements of Davis Island.

One of the first planned communities in the City of

Tampa featuring Mediterranean revival architecture.




As a footnote, Mr. Jenkins who was honored with the

pool's naming in 1965, he had passed away in 1964.

He was an avid proponent of aquatic safety and

dedicated his life for many years to the Red Cross and

its life saving program.

That concludes my presentation.

And the recommendation of the HPC is to landmark this

particular structure.

10:46:01 >>THOMAS SCOTT:
Let me just say that this was initiated

by council under the leadership of Councilwoman Mulhern

who I think made the motion and led the discussion on

this, and for the renovation of this particular pool,

as I recall.

This has been two budget cycles ago, right?

10:46:27 >>MARY MULHERN:
Thank you for reminding me.

I was wondering about this.

It's not really a question for Dennis, but you probably

know where we are as far as of what we have committed,

what this administration has committed to toward the

restoration.

10:46:42 >> I have to say at this point, contract administration

has issued a request for qualifications to individual




architect and engineers in the community.

That was done in July.

They have created a short list.

I believe there's three and we'll be making a decision

on the appropriate contractor engineer in the upcoming

weeks.

And that's essentially the status I'm aware of.

10:47:08 >>THOMAS SCOTT:
I do believe, though, I was briefed

that administration do feel that this would be kind of

hard to move forward in the future in terms of the

upkeep, because of historic designation now.

Is that accurate?

10:47:22 >>> Well, the initial assessment of the pool noted a

number of issues that needed to be resolved.

To me the issues were health and safety dealing with

how the water is filtered, the filtration system that's

in place, although state of the art in 1929, obviously

it does not meet today's requirements.

There were also a number of accessibility issues

dealing with the ladders and the way that the pool is

accessed.

And also health issues, safety issues related to some




of the gradings and separators and overflow systems

that are in place.

These are very common challenges to historic

preservation.

Our goal is to accommodate these challenges in the most

sensitive way.

10:48:14 >>THOMAS SCOTT:
Thank you.

Anyone from the public wish to address council on this

item?

10:48:20 >>CHARLIE MIRANDA:
Move to close.

10:48:21 >> Second.

10:48:22 >>THOMAS SCOTT:
All in favor?

Councilwoman Mulhern, do you want to read that?

10:48:25 >>MARY MULHERN:
I move an ordinance being presented

for first reading, and first reading consideration, an

ordinance of the city of Tampa, Florida designating the

Roy Jenkins swimming pool locate at 154 Columbia drive,

Tampa, Florida as more particularly described in

section 3 hereof as a local landmark providing for

repeal of all ordinances in conflict, providing for

severability, providing an effective date.

10:48:49 >>THOMAS SCOTT:
Seconded by councilman Miranda.




All in favor?

Opposed?

Okay.

10:48:58 >>THE CLERK:
Motion carried with Miller being absent.

Second reading of the ordinance will be held October

21st, 9:30 a.m.

10:49:07 >> Item 80.

Item 80.

Anyone from the public wish to address council on item

80?

10:49:16 >>CHARLIE MIRANDA:
Move to close.

10:49:16 >>MARY MULHERN:
Second.

10:49:18 >>THOMAS SCOTT:
All in favor?

Opposes?

Okay.

Councilwoman Mulhern, do you want to read that one?

Stokes and Miranda voted no.

10:49:27 >> Move an ordinance being presented for first reading

and adoption, an ordinance rezoning property in the

general vicinity of 3410 and 3412 west fielder street

in the city of Tampa, Florida and more particularly

described in section 1 from zoning district




classifications RS-50 residential single-family to PD

planned development, residential single-family,

providing an effective date.

10:49:49 >> Voice roll call on that one, please.

10:49:55 >>JOSEPH P. CAETANO:
Yes.

10:50:02 >>YVONNE CAPIN:
Yes.

10:50:03 >>CHARLIE MIRANDA:
No.

10:50:05 >>MARY MULHERN:
Yes.

10:50:09 >>CURTIS STOKES:
No.

10:50:11 >>THOMAS SCOTT:
Yes.

10:50:11 >>THE CLERK:
Motion carried with Miranda and Stokes

voting no and Miller being absent.

10:50:19 >>THOMAS SCOTT:
Item 81.

Item 81.

Anyone from the public wish to address council on item

81?

Motion to close?

10:50:32 >>CHARLIE MIRANDA:
So moved.

10:50:35 >>THOMAS SCOTT:
Legal?

Okay, moved and seconded.

All in favor signify by saying Aye.

Opposes?




Okay.

Councilman Miranda, do you want to read?

10:50:48 >>CHARLIE MIRANDA:
Mr. Chairman, this is a first public

hearing for consideration.

Community affairs, City of Tampa agreement between the

State of Florida, Department of Community Affairs, City

of Tampa Florida rock and tank lines, Inc., and spray

MISER, Inc.

10:51:09 >> You should have an ordinance.

10:51:11 >>CHARLIE MIRANDA:
I don't have the ordinance,

Mr. Chairman.

10:51:12 >>THOMAS SCOTT:
Do you have the substitute?

10:51:17 >>CHARLIE MIRANDA:
I don't have it here.

Nobody threw me a lifeline.

Thank you all.

Move an ordinance presented for first public hearing,

an honest of the city of Tampa, Florida amending the

Tampa comprehensive plan, definition section by adding

definitions as more particularly described in section 2

below and amending the Tampa comprehensive plan chapter

3 objective 19.7 and associated policies, as more

particularly described in section 3 below, providing




for severability, providing an effective date.

10:51:55 >>THOMAS SCOTT:
Been moved and seconded by

Councilwoman Mulhern.

All in favor signify by saying Aye.

Opposes?

10:52:02 >>THE CLERK:
Motion carried with Miller being absent.

Second reading of the ordinance will be held on October

21st at 9:30 a.m.

10:52:11 >>THOMAS SCOTT:
Move to our staff reports.

10:52:13 >>MARTIN SHELBY:
If we can to recall item number 61.

That's the change of times to November 1th at

10:30.

I do have the resolution that council can move at this

time.

10:52:22 >>THOMAS SCOTT:
Motion to move.

10:52:24 >>CHARLIE MIRANDA:
So move the resolution 61 within the

substitute resolution.

10:52:28 >>THOMAS SCOTT:
Seconded by Councilwoman Capin.

All in favor?

All in favor signify by saying Aye.

Opposes?

Thank you.




Staff reports.

Move report item 82.

Item 82.

This is relative to the transit referendum, I guess,

initiated by Miranda and Caetano.

According to the agenda.

10:52:59 >> David singer from Holland and Knight.

Addressing you on an important ballot initiative before

the voters of Hillsborough County in November for a 1%

sales surtax that will fund countywide transportation.

Included in that is 43% of funds to light rail, 32% to

bus service, and 25% to improved and new roads.

This morning, I would like to thank you on behalf of

the community for educating your constituents as to the

particulars of this referendum.

Through the course of public meetings that have been

held in the course of public meetings that are to be

held, you will be educating and have educated the

public on 46 miles of light rail.

And what that means to the community.

Educating the public on doubling the bus fleet,

instituting express bus service, instituting bus rapid




transit, and additional local service, over 400 miles

of new bus service for our constituents and your

constituents.

Over $800 million in local roads, new roads, bike lanes

and pedestrian walkways.

All of this money as you have educated the public will

be deposited into a dedicated trust fund with a

citizens Oversight Committee, these funds may only be

spent on transportation and may not be used for any

other purpose.

You have educated and will educate about what other

communities have done and what they have seen including

Phoenix, who has seen 7.1 billion dollars of private

investment over the last ten years.

You have educated about Charlotte who has seen almost

$2 billion in private investment over the last three

years in a struggling economy.

And I will remind you again we are talking about 46

miles of just rail here in this county.

In Phoenix it was just 20 miles N.charlotte it was just

eight miles.

You have been educating and will educate the public




about how this initiative is about job creation, about

lowering the unemployment rate here in the city, and

the county, in creating both public sector and private

sector jobs, and helping the 96,000 people many of whom

are your constituents who cannot drive due to age

income or disability in getting them mobility options

which we do not currently have here in Tampa.

In total this is one of the most important and most

comprehensive initiatives ever to face the voters here

in Hillsborough County in the City of Tampa, and we

would like to thank you for your continued education

and your continued leadership surrounding this issue.

And I would certainly entertain any questions that you

may have that would help you continue to educate the

public before November 2nd.

10:55:50 >>THOMAS SCOTT:
Any questions by council?

10:55:51 >>MARY MULHERN:
Mr. Singer, I just have one question

that I don't know if you heard from all the people on

the next item on the agenda is about bicycle safety.

So can you elaborate a little bit about how bicycle

paths, and also access to the trains?

What you are proposing?




And what is included, where that's included in this

referendum?

10:56:22 >>> A full 100 million dollars has been approved in

this referendum and in this initiative for sidewalk and

bike lane and bike trail improvements.

The county has committed to ensuring that those

improvements are made.

And they have already approved a list of where those

improvements will be made, and it is available on the

board of county commission Web site and I can certainly

deliver of that to you.

But it is not simply in the City of Tampa, it is not

only here, it is in the county as well.

Bike lanes are a big part of the $100 million

improvement that is dedicated towards intersection and

road improvements.

I don't have the exact list here in front of me but we

do have the exact list.

10:57:09 >>MARY MULHERN:
I thought I had heard something

different from Hart or from the county.

Is that what you heard?

10:57:21 >>THOMAS SCOTT:
Bike trail?




We discussed it on Tuesday night, I think it was,

and --

10:57:30 >> If I may, the -- Chip Fletcher, city attorney.

The interlocal agreement that you all approved that was

negotiated with the county, Hart, and the thee cities

in Hillsborough County includes a number of projects

that the county will complete with money dedicated to

those projects on the list in the first ten years.

The variety, as Mr. Singer indicated, of the

intersection and road improvements, which include bike

trails, bike lanes, other bike pedestrian improvements,

and so they are a part of that list that's in that

interlocal agreement, and construction that was

approved by Hillsborough County, and that would be the

list this afternoon we would want to reference to come

up with those.

You can certainly pull off the ones that are specific

to bike and pedestrian safety and provide those to you

separately, if you would like.

10:58:22 >>MARY MULHERN:
I think that would be really helpful

considering that the obvious interests especially from

people in the City of Tampa and the county about




bicycle safety and that they could see -- their

specific projects have gone through the approval

process in the county, right?

10:58:45 >>CHARLES FLETCHER:
That's correct.

There are some in the south county area, some in the

Brandon area.

I'm not sure where they all are.

10:58:52 >>MARY MULHERN:
Are there any in the City of Tampa?

10:58:54 >> I would have to look.

I believe so.

But I would have to go and look.

It's not split up by city and unincorporated county.

The list of projects that are approved are countywide

including within the municipalities.

So we would have to look and see.

10:59:10 >> I think that's what we need to see.

That would help.

Okay.

Thank you.

10:59:14 >>THOMAS SCOTT:
And that list, I believe, is for the

first ten years, though, right?

10:59:19 >> Yes, that's the first ten years of the proceeds of




the referendum.

There is a large amount, almost all of it, that is

dedicated for specific transportation projects already

approved by the county in the capital plan, and those

funds will be spent, we project, within the first ten

years, but those projects will get built with the

proceeds to the referendum.

10:59:41 >> And I mention that because should this pass, and

this is in perpetuity, which means other additional

remedies as you move forward.

It will be good, should it pass, we have those relative

to bike trails are highlighted in the first ten years

of the program.

11:00:01 >> Are there any other questions from council that I

can address?

11:00:12 >>CURTIS STOKES:
Mr. Singer, there's been some

questions in the community regarding WMBE

participation.

11:00:19 >> Just last week at Hart's board meeting, there was a

recommendation from the board to adopt an SBE program,

and there had been adoptions just in the meeting

before, for moneys to be committed to a disparity study




for the WMBE program, that Hart does not currently have

but will have in the future.

11:00:42 >>THOMAS SCOTT:
You say voted?

11:00:47 >> The SBE program that was approved on the MBE

program.

It was committed to the Finance Committee which will

then refer back out to the Hart at the next board

meeting for approval.

11:00:58 >> Do they vote on a percentage?

11:01:00 >> I think it's just for the funding for the disparity

study so they can determine the proper percentage.

11:01:05 >>THOMAS SCOTT:
So they voted for the disparity study?

11:01:07 >>> Yes, sir.

11:01:08 >>THOMAS SCOTT:
Well, let me just say this for the

record, and I don't understand why we have to have a

study.

We already know some of the dollars -- even this

morning that's why I pulled an item this morning on the

city.

We have a contractor coming in for us on larger

ounts, 8 and $10 million, there's only one percent or

two percent to minorities, an embarrassment, it's an




embarrassment.

Okay.

So I don't know why we need a study to know what the

obvious is.

It's there.

And I understand you are with moving Hillsborough

forward.

So I'm just simply saying, you want minorities to

support this and pass this and then you are saying,

well, we are going to do a study on this before we can

commit to anything.

That's an embarrassment.

I just want to say that, okay?

11:02:04 >> Trust me that there is no connection between the

campaign and the organization, and your frustration

certainly has --

11:02:13 >>THOMAS SCOTT:
Well, that's why I said, I know you

are not the one.

You are on the other side.

I understand.

But I just need to say that, because, you know, the

question was raised as to whether they made a




commitment.

Now you are on the Hart board.

Is that right?

11:02:28 >>> Yes, sir.

11:02:28 >> So that needs to be conveyed with you being on the

Hart board, when we talk about these studies and all

that.

Yes, sir, I see counsel getting up.

11:02:38 >> If you would like, I can describe why the disparate

study is part of the process to put in a race-conscious

--

11:02:46 >>THOMAS SCOTT:
I have been around a long time, about

14 years, with the county for ten years, been over here

for four.

I understand all the disparity stuff.

I understand what the court says.

But at some point, let's just do what's right, what's

fair for everybody.

We don't need a study for everything.

Let's just do what's right and fair.

And the people who are in power to do that just need to

do it.




That's all.

The entire community needs to benefit from this.

We are talking about a tax that's going to be in

perpetuity for years.

11:03:19 >> Forever.

11:03:24 >>THOMAS SCOTT:
Well, forever, that's right.

Forever.

So let's be fair and do right for everybody.

You don't need to come for a study.

Just sit down and how do we want to make sure that

every person that's doing business in Hillsborough

County, City of Tampa, to benefit from the taxes that

they are going to be paying?

Why $10,000 to do a study for that?

That okay, that's all.

I'm sorry.

I'm on my soap box but I'm just telling you.

11:03:51 >> And I would encourage everyone here today and

watching and reads the transcript back to encourage the

Hart board members to do this as expeditiously as

possible so that when we do implement this program that

there are minority contracts and fairness surrounding




this process.

11:04:13 >>CURTIS STOKES:
As a Hart board member, we did as a

board voted to increase the WMBE percentage from

previous years.

We increased that in the budget cycle.

But I think the question is going forward, before, this

should be a memorandum of understanding with the NAACP.

I think we are waiting to get signed before certain

numbers of the community agreed to come onboard and

support the transit tax.

And I do agree with Chairman Scott, sometimes, we study

things to death that shouldn't be studied.

It should be something that's automatically done.

But I do nobody that's in process.

We do have a Hart board meeting on Monday.

At 8:30.

And I think that will be one of the topics that we'll

be talking about in the morning.

11:05:10 >>YVONNE CAPIN:
I'm on the board of the historic

streetcar, and I would like to see a little bit of this

penny forever to help the streetcar.

It is transportation.




And I don't think it's on there.

I didn't see it.

I correct?

11:05:34 >> There is nothing currently in the initiative that

spells directly out to streetcars.

You are correct.

Right now it is buses and rail and road improvements.

11:05:47 >>THOMAS SCOTT:
I don't think the law addresses where

it can be used for that.

I don't think, Chip -- I don't know your experience on

that.

I think that's an issue because the way the ordinance

statute is addressed, it's on the only addressed in

certain categories, and I think street cars are not one

of those areas.

11:06:07 >>CHARLES FLETCHER:
Of that is my understanding,

Mr. Chairman.

11:06:13 >>THOMAS SCOTT:
Because I was on the task force and

that came up as well.

11:06:17 >>YVONNE CAPIN:
Well, thank you for answering that.

I appreciate it.

11:06:19 >>THOMAS SCOTT:
Councilwoman Mulhern.




11:06:21 >>MARY MULHERN:
Yeah, we are kind of getting into the

big picture here.

I would just like to point out, it's been frustrating

for me on this council, and I think perhaps other

people, that fortunately the mayor did appoint a

council person to the Hart board.

But this council doesn't have a representative on the

Hart board, and -- well, we do, but we don't appoint

someone.

We don't appoint someone on the board.

And we also don't have an appointment on the TBARTA

board.

So even though we are asking our taxpayers to vote on

this referendum, the city's elected government, other

than, I guess, the mayor has some input, but the

council people and the people who are the most local,

the district representatives for people, don't --

haven't been able to have direct input on this.

So it's been interesting sort of being more observers

than having to have a lobbyist come here and tell us

about this plan that we are asking.

Our constituents are being asked to support.




But I would like to see us have more participation on

the Hart board.

And I also wanted to say to Councilwoman Capin about

the streetcar.

In everywhere but Hillsborough in Tampa when people

talk about light rail, street cars are a category of

light rail.

And even when you look at the funding sources for

federal funding, there isn't a streetcar category, a

streetcar is a kind of light rail.

So I don't know, it's probably not going to make any

difference in this funding, but it's interesting to me

that we have a streetcar system that isn't ever --

although I did get the MPO to make a map.

There is a map available that shows not only all the

Bart plans, light rail and high-speed rail but it's got

our existing streetcar and our old streetcar lines are

on that map. Anyway, I have it on my wall in my

office.

11:09:00 >> One of the fundamental pieces of the initiative is a

citizens advisory board committee that will be

appointed to oversee all of the spending, and the City




of Tampa has three appointments out of those eleven

members that will be on the task force.

The citizens oversights committee.

I encourage you to take that responsibility very

seriously and appoint people who will advocate in the

best interest, not only for the county as a whole, not

only for this initiative as a whole, but for the City

of Tampa as well.

11:09:34 >>THOMAS SCOTT:
Okay.

Any other questions?

Thanks for being here today.

11:09:39 >> Thank you all very much for your continued

leadership on this issue.

11:09:44 >>THOMAS SCOTT:
Item 83.

Item 83.

Alan SNEL.

11:09:51 >> Good morning, council.

Thank you, Chairman Scott.

I was invited by Councilwoman Mary Mulhern to offer a

presentation about bicycle infrastructure, and I'm

actually not very new to you folks because I have been

coming here for two years, and I notice the two new




council members that I haven't met yet, so I wanted to

say hi and introduce myself to you folks as well.

This presentation is one that I provided to the MPO on

three different occasions, 2001 three different

committees, and it's based on photos on bicycling in

metro, Denver.

I used to work and live in metro Denver.

It was a place as a bicyclist I thought was very

hospitable and accommodating to the bicyclists.

And I also worked as a newspaper reporter there

covering a lot of the projects and came to fruition

when I returned just in late July.

So I started taking photos in Denver and I started

hearing news. Two days later when I got to Colorado a

friend said LeRoy Collins was killed on a bicycle.

And I came back with my photos and PowerPoint, and I

began showing them, as I said, to MPO committees, and

more and more bicyclists have been killed of in Tampa,

or outside of Tampa in, St. Pete and New Port Richey.

And I wanted to give you that back drop, because I just

wanted to show you some nice infrastructure stuff in

another part of the country, and now there's a whole




new context to this.

And I need to kind of recalibrate my comments, because

a lot of wheels are turning.

I met with commissioner Mark Sharpe of Hillsborough

County on Friday, and he put an item on the agenda

yesterday that resulted in Hillsborough County's

commission approving a bike safety action plan.

And I just felt that Commissioner Sharpe -- spoke to

Commissioner Sharpe before today's council meeting, and

he has pledged the commission's support in working with

City Council and city officials to make this a unified

plan so we can move forward together, because as a

bicyclist, if I'm bicycling on a road, I don't see

where you are city and county boarder is.

I can be biking in the City of Tampa on 30th

street, and then continue up to Bruce B. Downs and all

of a sudden I'm in the county.

But if you get hit by a car, doesn't really matter if

it's city or county at that point.

So the city and the county needs to work together.

And I hope you follow through on that.

There's several other, before I launch into my




PowerPoint, there's several other moving farther parts

that I think the council should know.

You folks, I understand I guess the MPO is paying for

Tyndall Oliver consultants to do a bicycle plan for the

city, so I am suggesting that that plan be integrated

into this new bicycle action program that is being

launched, and from what I understand, it's going to be

a sweeping broad-based look at bicycling.

It's going to look at educating both drivers and

bicyclists, because we bicyclists need to be educated

as well.

It will be looking at an awareness plan, looking at

sites and trying to increase enhanced engineering, so

it's safe for bicyclists, and will look at police

enforcement.

I can tell you that bicyclists are very upset that they

get hit and they perceive that justice is not served.

As you folks know, there's a law on the books here in

the State of Florida that say when you pass a

bicyclist, you have to pass that person by at least

three feet.

I personally know people have been hit.




I don't know a single occasion where a citation was

issued for a three-foot buffer violation.

So bicyclists are also about that, upset about that.

So this CT county program I think is in essence a

county-city program, taking abroad-based sweeping look

at all the issues about bicycling so that we can

enhance safety.

Also, you need to know that Tampa Bayside is a

wonderful bike program here, in Tampa Bay, a

representative, Karen crest, and she informed me they

are also working on initiatives that can be dovetailed

into this unified program so that we move ahead

together as one.

So I just wanted to give you a little briefing of

what's going on because originally I came here to show

you some pretty photos of bicycle infrastructure from

metro Denver, and since that time a lot of things have

happened here locally.

So with that in mind, I am going to launch right into

the PowerPoint.

I have never done that before here in this building so

I'm wondering if there's someone who can just show me.




I sent a PowerPoint presentation in.

I sent one in and I was told that it was good to go.

Sometimes as a bicyclist I anticipate stuff and I

brought my photos.

Because you always have to be prepared.

So I just need to prepare.

They are representative photos, and they give you a

pretty good view of just what's out there.

What's interesting is that some of you, there's

something going on right now in the city.

I had a terrific conversation with your transportation

director Jean Dorzback along with John marsh who is

kind of the point person for pedestrian and bike

issues.

I met them for 90 minutes on Monday afternoon.

And they are committed to this issue.

So in fact you folks have painted your first bicycle

show this past week.

You should be happy and proud about that.

That's a big deal.

I am going to show you some of my photos, and some of

the images that I have been showing of the MPO.




Of this is your bicycle lane.

You have a few of these and I bicycled one from my

house down to the office here and parked my bike, had

the best parking in town.

No cost.

This is a typical bike lane in the city of Denver.

If you notice, you have room for parking.

You have a bike lane and traffic lane.

And these are all over the city of Denver.

What's fascinate being this photo, you will be seeing

shadows.

They were applied this week.

And what's fascinate being this photo is that this is a

sharrow, shared lane marking on a road that has very

fast traffic.

Most bicyclists are not keen on biking on roads whereof

cars move very fast.

But there are some parts of the state and also here in

Florida where sometimes you only have a couple of roads

in a region to get from point A to B so here is an

opportunity south of Ft. Collins about 45 miles north

of Denver where their D.O.T. designated a lane as a




shared lane.

Again, it comes down to commitment.

If you want to improve conditions for bicyclists, you

build infrastructure such as this.

How do I access this?

11:18:42 >> It will pop right up.

11:18:43 >> Okay.

We are in action.

I feel like I just fixed my flat and I'm biking now.

You see that photo.

Again, this is a bike show that I saw in many

neighborhoods in Denver, and hopefully these are coming

to a city called Tampa.

These are right now like I said on Euclid, and they

indicate to the driver that bicyclists will be in the

lane, and they are usually accompanied with a share the

road sign or sign that you have right now on Euclid

that says bicycles in lane.

It gets back to the belief that bicycles are co-users

of the road.

When I goat to Tampa in 2004 there seemed to be a

little conflict.




I think car drivers thought that they owned the road.

And the message out of Washington, your transportation

secretary saying if we are going to build roads, we

build them for everyone.

So this indicates to the motoring public that be aware

of bicyclists.

This is again bike lane in a neighborhood in Denver,

room for parked cars, bike lane and traffic.

This is downtown Denver.

Again, during the rush hour the buses and bicycles are

co-users of this lane.

Again it shows the commitment to alternative

transportation outside of a car.

This is a sign.

This is actually a sign and a half suburb called

webridge and signs like these by themselves might not

be that effective.

(Bell sounds)

But, again, this is one of the signs, watch for bikes

and pedestrians.

You might want to put those in intersections where

there are crashes.




Do you have signs which explain which intersections are

the most dangerous.

I'm not a professional engineer but maybe you want to

put these signs at the intersections that are more

prone to bicycle-car crashes.

I like this combination sign action here just south of

Ft. Collins.

You have a lot of roads just like this in Tampa where

you have suburban commercial development kind of roads

leading into your urban core.

And you have two bicycle sign combination.

You have the sign in the foreground is indicating to

people leaving the parking lot that you should be on

the look for bicycles, and then you turn right, you

have another share the road sign.

So I would -- bicycle accidents are, dangerous for

bicycles are cross sections and cross streets and going

in and out of shopping centers.

Denver has a very, very comprehensive bike rental

program.

They call it bike share.

But I think you are renting it but whatever you call it




it's a bike rental program.

You folks out here are hosting a Republican convention

in a couple of years, and a great way to get people

around the core is by having a bike sharing program.

The mayor of Denver, by the way, supports that and he

was accused of being a communist by a tea party

candidate.

An antidote.

Bicycle infrastructure comes in all forms.

On road bake lines, signage, share roads, and bike

trails.

This is a bike trail running along, cherry creek, and

it goes right into the heart of Denver to the north.

If you go in the opposite direction you hit another

regional trail called the Platt river trail, and this

is my big philosophy about trails, is that you need a

trail network just like a highway system.

And there's a gentleman who spoke today, Chip Thomas,

who said bicycle trail along the Hillsborough River.

Same concept because the rivers are usually leading

into a downtown, follow the river into downtown.

Again, this is -- this functions almost like a bicycle




highway.

I love this photo.

The previous photo you saw of the cherry creek trail is

coming in the opposite direction coming towards us, and

you are looking at bicyclists leaving a big building.

We would be positioned here in our big RAI outdoor

equipment building, and these bicyclists are going down

to the Platt river which will connect into that other

trail.

And what's fascinating if you look just in the back

there, you will see a brown colored bridge that leads

to more development.

And we'll look into this later.

Bicycle infrastructure leading into -- just not a

quarter for bicyclists but being integrated into your

urban development.

This is a closer view.

This is what I wanted to show you how bicycles are

leading right into the residential development.

There in downtown Denver.

11:24:13 >>THOMAS SCOTT:
How much more?

11:24:14 >> Three minutes.




Three or four minutes.

11:24:17 >>THOMAS SCOTT:
Because I think we are about 15

minutes.

11:24:19 >> I'll wrap things up.

I'll fly through here.

This is a pedestrian bike ridge that leads from one

side of the trail to the other side.

Again, this is a project that I reported on back in the

mid 1990s and now has come to fruition.

You have to be committed to a long-range plan.

This bridge is going from one side of the interstate to

the other.

And if you notice all the residential development.

I mean, this is amazing bicycle ped infrastructure and

happy we've that commitment across from the interstate,

connecting the neighborhoods, making those people who

live on this side, they can bike or walk right over.

Again, bicycle infrastructure comes in all forms.

This is part of a regional trail system.

The regional trail system is still developing.

You actually have roundabouts.

This is 20 miles south of downtown Denver.




This is on the highway.

This is a trail that's going along the interstate about

30 to 40 miles west of downtown Denver.

Ft. Collins has, get this, it has a bicycle library.

You check out afternoon bicycle for free.

It's fantastic.

Check out the bike storage area.

This is outside of a micro brew pub where the actual

lock-up area includes the emblem, that the emblem

actually is the logo for the company, and that's how

you integrate bicycle into culture.

With that said, you guys did sign a commendation, I

understand, very interested in bicycling.

I mean, I know you signed it so you have put your John

Hancocks on it.

Now we actually need the city's commitment to work with

Hillsborough County, and obviously there are other

wheels in motion that I would love to have see us work

together.

I don't mean to end on a sad note, but 11 a.m. was the

burial time for the last bicyclist who died last Friday

and that's why there was family members who planned to




be here to talk to you folks, they can't be here, but

they are in your mind.

So I also ride a memorial bike ride and love bicycling.

I do all kinds of biking.

I'm asking folks to hop on.

We need more than just signatures and words.

I mean, we need people working together in one

direction to enhance bike safety.

So I really appreciate your time.

And I want to thank the chairman and also Councilwoman

Mulhern for inviting me today.

11:27:14 >>THOMAS SCOTT:
Thank you, Alan.

Of course, I want to note this is not your first time

here.

You have been here on numerous occasions talking about

bikes and bicycling, and here with the expressway

authority.

11:27:28 >> I also need to thank the chair because we actually

first melt when I showed up at the expressway authority

thinking maybe on Sunday mornings when no one is using

the upper deck maybe we can bike ride from 7 to 10 a.m.

up there.




It has been done.

And the chairman actually asked the authority to look

into that.

So no one else on that board did.

I mean, to this day I'm thankful that at least we got a

shot at looking at it.

11:27:54 >>THOMAS SCOTT:
Thank you very much.

Councilman Caetano.

11:27:56 >> I don't know if you have seen this report from

Curtis brown from the sheriff's office.

It puts Hillsborough County at number 3 in traffic

deaths.

And since this report I think there's been five or six

bicycle accidents.

I would like to give you this report for your records.

11:28:21 >> I am not a, quote, staff member or official but as a

person who represents ten bike stores and a lot of

customers in the bike stores, I'm just asking to see if

the council can informally just -- I don't know if take

action.

11:28:35 >>THOMAS SCOTT:
We will.

Let me hear from Councilwoman Mulhern.




I am sure we are going to take some kind of action or

pass a resolution to encourage the administration to

work with the county.

11:28:47 >>MARY MULHERN:
I was going to suggest maybe -- stay

there in case we have a few questions.

But I was going to suggest in addition to making a

motion that we work with the county commission and the

MPO.

Chairman Scott and I and councilman Caetano are all on

the MPO, and I have to mechanics mention Linda

Saul-Sena because she's been working on these issues

with the city and advocating for more trails, and bike

paths, and everything that you are advocating for, and

we have had -- actually had a meeting.

I don't know if you were there but I know Chip Thomas

was there a couple of years ago, with our

transportation department, and they really do want to

work on this.

So and they have been.

And I think you mentioned to me or someone did the

success with Nebraska Avenue with the bicycle lane

there.




11:29:52 >> You do have some outstanding examples of great

infrastructure, and in fact I was pleased to talk with

your staff on Monday, and I got more details about how

North Boulevard will be going from four to three lanes,

and there will be bike lanes, transitioning into

sharrows from Main Street to MLK.

That's a great example. I understand the limitations

in the City of Tampa because your infrastructure is so

hold and you have a lot of quirky roads and stuff.

Let me be crystal clear.

I'm not asking you to slap paint on every road.

It can't happen.

It's not feasible and it's not what I am asking.

But there's a wide variety of tactics which I wanted to

present in that PowerPoint to show you.

You can put signs at dangerous corners on your narrow

two lane roads, put the share the road signs up there.

Those signs are not only practical for that road, they

tell the motoring public in general.

11:30:45 >>THOMAS SCOTT:
What I am going to suggest is make a

motion.

11:30:47 >>MARY MULHERN:
Here's what I suggest.




I'm sorry.

Two things.

One is that this council, maybe we would have a

resolution that we work on bicycle safety action plan,

which is what the county commission passed yesterday,

so we would be working with the county, the city, and

with the MPO, I believe, on this, and I don't think

that -- I think that's what we can do to move the

planning and the big picture forward.

So I'm going to make that motion first.

11:31:28 >> Second.

11:31:30 >>MARY MULHERN:
The motion that the City of Tampa work

with USF, the MPO, the Hillsborough County, and the

other municipalities to work on a bicycle safety action

plan to be modeled after the MPO's pedestrian safety.

11:31:54 >>THOMAS SCOTT:
Seconded by councilman Stokes.

Moved and seconded.

All in favor?

11:32:00 >>MARY MULHERN:
The second thing I was going to ask --

did we vote?

Yes.

The second thing I want to do is have a workshop on




this, because -- and our transportation department Jean

Dorzback is very interested in this.

The MPO, we are working on it with the bicycling

pedestrian advisory committee, the livable roadways

advisory committee.

But I think that council should have a workshop and

invite our transportation staff and TPD to come and

talk about what specifically we can do as a city and

encourage some of the things that we have been asking

for, for years, like the sharrow, like restriping store

bicycles, the streetscape idea that every time we

repave a road that we put in a bike lane or do

everything we can to do that, and maybe adding the

sharrow that might be a good idea.

But there's a lot of things that we could -- there are

a lot of things that were brought up today that I think

we need to talk about with transportation staff, like

when they decided not to put their bike lane on Euclid

why we couldn't put a bike lane on El Prado.

I don't know why that wasn't mentioned as a

possibility.

The trails, the PSAs, on our city television station,




which is a great idea that Chip Thomas had, I don't

know why we can't do that.

I'm sure Alan --

11:33:40 >> They said no.

There's a program, too.

I mean, --

11:33:46 >>THOMAS SCOTT:
Well, let me suggest, Alan, because

our time is limited, why don't you include that in the

workshop?

11:33:52 >>MARY MULHERN:
This is all going to be in the

workshop but I want it to today so our staff hears this

and starts thinking about it, all these things that

they could be doing.

The enforcement with the TPD.

We can hear from them about it.

But the other thing, the one other thing I wanted to

say, which I think we heard from people today, of that

I think it's really about education, and FDOT at the

state level is working on things.

So there is funding out there for educating bicyclists,

but I think it is more important to educate the drivers

and the signage for the drivers.




So that's something that I think we can work on.

So that's my motion, that we have a workshop as soon as

possible.

11:34:40 >>THOMAS SCOTT:
January.

11:34:41 >>MARY MULHERN:
Oh, we are not having one in November?

So January.

But we'll work on it.

I'll work on these issues.

11:34:50 >> Even right now as we move forward the city

coordinate things with the county to get it off and

running.

11:34:58 >>MARY MULHERN:
Right.

And that first motion we passed is not about setting up

another committee.

It's about actually creating a plan and doing something

using staff, city, county, MPO.

11:35:11 >>MARTIN SHELBY:
Mr. Chairman, if I can with regard to

your first motion with regard to the resolution, do you

want to come back as a written resolution on the

21st 1st of October?

11:35:21 >>MARY MULHERN:
Do we need to do that?

11:35:23 >> Yes, yes.




11:35:24 >>MARTIN SHELBY:
That's part of your motion.

11:35:26 >> Yes.

11:35:29 >>MARTIN SHELBY:
Did you want to set it for 9 a.m.?

Because currently the only thing you have in January is

the commendation of police Officer of the Month so it

would be the first item.

11:35:36 >>MARY MULHERN:
Yes.

9 a.m.

11:35:38 >>THOMAS SCOTT:
I would suggest that you include in

that the MPO being a part of that workshop.

11:35:42 >>MARY MULHERN:
Yes, I thought I mentioned everyone.

The MPO.

I am going to invite the -- ask somebody from FDOT,

too.

11:35:52 >>THOMAS SCOTT:
So now let me understand now, the

motion that we are making is for a workshop, and you

are going to invite all the partners, stakeholders.

Is that clear?

11:36:04 >>MARY MULHERN:
I'll invite the MPO and

representative.

They have people who work on just bicycling stuff,

right?




11:36:12 >> I just want to be clear, because I know in the past

we kind of -- these motions kind of get lost.

11:36:19 >> Well, the MPO is invited.

They are here.

So they heard it.

But I'll make sure through either my office or the MPO

will invite someone from FDOT.

11:36:30 >>THOMAS SCOTT:
Okay.

Councilwoman Capin.

11:36:36 >>YVONNE CAPIN:
On Euclid, I would like to follow up on

that, more information to me on the path, and why the

bicycle path -- all the way to Westshore.

11:36:50 >> Well, the lane, Mayor Iorio decided to remove the

lane but in its place the sharrows, and they have

sharrows and signs.

They have signs that indicate bicycles in the lane.

So the bike lane is removed and kind of alternative,

the sharrow's and the signs would work.

I would like to see that on other streets.

And one of your speakers did say how do I get across

the peninsula?

We do need suggested -- we need roads that do have




access for bicycles to get across the peninsula.

11:37:30 >>THOMAS SCOTT:
Motion and seconded by councilman

Stokes.

All in favor?

Opposes?

I guess the one issue, though, that came up in the

discussion on Tuesday night, was that in the county or

was that city?

11:37:45 >>MARY MULHERN:
I think it's the county.

11:37:48 >>THOMAS SCOTT:
We have an informational hearing on

Tuesday night and a couple of people came in to ride

bikes around there and they was talking about the

problem with the bike lane not being quite accurate,

not quite right.

11:38:00 >> Concerning about the fatality at the USF campus.

11:38:05 >> Bruce B. Downs.

11:38:06 >> Technically that is the county's jurisdiction.

You want to double check, I believe.

But my point is when I'm biking I'm crossing from city

into county, and as a bicyclist it doesn't matter where

the border is.

But jurisdiction-wise, I believe that the county, I




think the county border is right around.

11:38:25 >>THOMAS SCOTT:
We had a map and I left it --

11:38:30 >>MARY MULHERN:
I don't have it either.

I'll get to the Alan.

But the other thing I think I mentioned in the first

resolution is that the USF people, that was a USF

graduate student, and they are working with the MPO,

too.

So everyone is involved.

We'll invite them to the workshop, too.

11:38:50 >> Thank you for your attention to this issue.

It stirred up a lot of interest among bicyclists.

And even if you don't ride a bike you know someone who

does.

11:39:03 >>THOMAS SCOTT:
I'll see you all over there, Alan.

You get around.

Thank you.

Item 84.

Item 84.

11:39:19 >>BRAD BAIRD:
Director of Tampa water department.

Here to talk about item 84.

First, I would like to quickly provide a reminder of




the utilities services consolidation, which through the

summer of 2010 we have reorganized the distribution and

consumer services division of the water department to

include some support services.

Those support services are or support areas include

meter reading, meter services, billing, credit and

collections, and a call center.

And the call center is compromised of four small call

centers that will come together and handle all of the

issues for water, wastewater, solid waste, and billing.

This arrangement will result in less customers being

bounced around, if you will.

And now our goal will be one-call resolutions, customer

calls at one time, and we resolved that problem.

We are looking at improving efficiency and

effectiveness in all four of those areas.

Outsourcing, of course, is an option in every case, and

councilman Stokes has asked about where that fits in

essentially.

So we are looking at outsourcing all four of those

areas as one option.

Regarding outsourcing, one of the first things we did,




we called municipalities around Florida.

We called 24 of them.

22 responded.

And to see what they outsource in those four areas and

how it compares to what we do now.

And we found out that in the five areas we looked at,

we joust source already in three of those areas, that

being the printing, of the bill, the mailing service of

the bill, and the payment of the bill.

If you mail in a check, which is the first choice, or

the predominant way that people pay their water bill.

And so we found out that bottom line, we are

outsourcing as much or more than most of the

municipalities in Florida now, including most of the

billing services that we do.

We do not outsource in the collections area and the

meter reading area.

And which is typical around the State of Florida as

well.

I have all those statistics.

But without going into those details, we seem to be

aligned with that.




So we are looking at outsourcing or partnering in all

of those areas. The areas that are still inhouse such

as meter reading or billing, we will look at partners

or contractors who can do it cheaper or better or both.

We have been -- recently we have met with TECO to see

what we could have do in terms of partnering for meter

reading in that area.

Unfortunately, this week, we had decided to go a

different direction with automatic meter reading in a

very short time period and have opted not to partner

with us in that area.

But we have been working over this summer with them on

ways that we could make that happen.

So while we will continue toward that end to make those

support areas more efficient, and more effective.

With that I'll take any questions.

11:43:29 >>CHARLIE MIRANDA:
Thank you.

I understand what you're saying but we don't have the

same type of capabilities of reading the water meter

like you do in electric meters.

It has to be done physically really.

Technology, I remember, the Acalas family ten years ago




showed me meters that were way beyond what we have.

In fact, you only could purchase it with a credit card

inside your house.

You need water, you put the credit card.

You order so much water.

And it told you how much water you have left and they

had the same thing for the electric meter inside the

house.

You bought your own credit, electricity and water, and

we still don't have that in Florida.

But they have it in South Africa.

They have it in Europe.

They have it in Mexico.

Because I saw it for the Acalas family who had the

plant in South Africa. So I understand what you are

trying to do.

But it will take you light years to change from the

meters that you have to those where you can drive by

and it sends a signal to a tower and the tower sends a

signal to the computer to put your costs in line.

And that doesn't mean it's going to work perfect every

time either.




Not that we are perfect.

But the way we are doing it now, I have to admit to

that.

So I appreciate what you are looking at.

And you are talking about money.

And that's what life is all about.

You have to improve.

And the only way you can improve is by investing.

And if you don't have anything to invest, then you

can't improve.

11:45:05 >>THOMAS SCOTT:
Any other questions?

Stoke.

11:45:10 >>CURTIS STOKES:
This is a general statement,

Mr. Chairman.

We are probably two or three years away from the

economy getting back to possibly where it was for

years, and I thank you for your report.

As we start the different ways to improve our

efficiency here at the city, particularly with I know

there's the cost, the clinics, that we'll talk about

later on this month, I think it's very important that

we look for ways to save the city money going forward,




because not knowing where the economy will be, I think

the more that, the better, and I think worry all good

stewards of the taxpayers money.

And thank you for looking into this issue.

And if TECO opted out please don't stop in your search

for other partners to help us get this done.

11:46:11 >> We will not.

11:46:12 >>MARY MULHERN:
I'm going to try to be brief.

We have already outsourced three of these operations

that you are reporting on.

And this has been my question throughout whenever we

have been asked to privatize some of our city services.

But I have never actually seen the report showing us

what those actual savings are in a more long-term year,

two year, three years.

So I personally, if anything is brought in front of me

on this council, claiming that we are going to save

money with outsourcing, I have to see some long-term

data from this city showing that in the long-term we

save money, and including in the contracts, because we

always talk about how we are saving because, you know,

we are saving on personnel costs because we don't have




to pay the benefits and insurance of the city

employees, but we never see -- when we get the budget

and we see how much we saved on that, we don't see the

balance of how much they contract is actually costing.

So I would like to see that in retrospect for some

contracts.

If you are going to bring anything to us.

11:47:44 >>> I would like to say in these three areas it appears

that outsourcing happened quite a few years ago.

And so those comparisons of how they did it back in the

sixth and 70s, you know, we probably wouldn't have

that.

But I'm sure in another's other cases that can be

provided.

11:48:07 >> Right.

But we do have how much we are spending?

11:48:12 >> Right.

11:48:12 >> On the contracts.

And it doesn't show up as personnel line item anywhere,

when you privatize these jobs.

11:48:26 >>BRAD BAIRD:
I can itemize.

11:48:27 >>THOMAS SCOTT:
I have questions on 16 and 23, are




pretty much similar, and they have to do with the

contract and pretty much when you look at those items,

item 16, there's reference to the contract, almost $8

million and all that, and the question I have is

relative to the SBL, the MBE portion of that, and you

have a contract that's outlined says 7.8, 7.9, and of

that the goal was 2.4%.

Okay.

And I understand, I had a memo, just got it this

morning relative to that, of how, I guess, you arrive

at that.

But this is a good observation where we are spending

quite a significant money and we set a goal of 2% or

2.4, and what the person would do, they would come just

enough at that, just to get by to get the contract.

Greg, you want to speak to that?

I understand what the law says and all that, but I am

just pointing you, the issue that's troublesome for me

and the reports that I have seen come in over and over

again, and I am going to tell you -- and I won't be

around to sit on this side, but the thing of it is, you

are going to see that minorities have not done well for




a lot of these contract.

But go ahead.

11:49:52 >> Gregory Hart, small business minority small business

office.

Chairman Scott, I really do appreciate your bringing

this issue to the forefront.

That issue being contracts and the dollar value of

contracts, and whether or not we are maximizing

opportunities for subcontracting.

And I can assure you that indeed we are.

And this is a clear case, an example of where we really

have to communicate the expectation that is within the

contracts that the city let's.

This particular contract is a water main distribution

correct.

It is predominantly installation of piping.

And our methodology for determining what the meaningful

opportunities for contracting include looking at the

entire scope of the project, looking at the dollar

value of that contract, and then the breakdown of that

scope in terms of what is subcontracted by industry

standards.




And in doing so, this is an example of the contract

where there aren't meaningful or very meaningful

subcontracts and elements that lend themselves to the

available pool of WMBE that are certified by the City

of Tampa.

Oftentimes, he the perception can be because it has

significant dollar value that it has subcontracting

components, and this is just not always the case.

But we did maximize the subcontracting that is

available in this project by looking at the scope,

looking at the dollar value, and subcontractors

available to respond.

There were somewhere around 10 or 13 components that

would typically be subcontracted in this project, part

of which actually lended themselves to the type of

SOBE's we have in our database, so we look at who is

available, what the subcontract elements are, and then

calculate that value to come up with the goal.

The goal in this case was 2.4%, if I am not mistaken.

The lob responsive bidder came of in with 4%

participation.

And they were over 15 bidders for this project.




And if I recall, the second low bidder, the third, came

of in with 0.1 or 5%.

So I'm simply saying here that --

11:52:55 >>THOMAS SCOTT:
Just to expedite, I understand the

methodology that you are using.

Also, it is to encourage.

See, that's part of the problem.

I keep saying.

I said it from day one it's encouraged that no

mandatory requirement is to encourage.

So as a result of that, and you don't need to respond

to this, I'm just saying after $8 million contract we

go out and encourage somebody to do 2.4% based on the

methodology that they come up with and they come in

right at that or higher than that, so we ought to be

happy because we got a little over 2.4%, is what is

pretty much how it is.

But I'm just saying that given what we are in the

economy to me, persons -- I believe they can do better.

I understand what you are saying.

They are saying these are the minorities that may be

available.




I'm saying there's a lot more people available than the

method that you are using.

I could be wrong on that.

But I am just highlighting the number of contracts now

that we are giving out from the city perspective.

And in case you don't know, every week when there's a

contract on this agenda, I go through it, I look to see

how much WMBE and SLBE, what do they get?

I can tell you.

On some of the contracts like .4%, .1%, .3%.

I'm telling you.

And that's why it's so important whenever we have the

next workshop, I don't know when it is, to look at

those numbers again, because in my opinion, for what I

see each week to week to week, those numbers do not

look good.

What I'm saying is that these are taxpayers dollars.

We need to afford the opportunities for every person

and business, every citizen and business to be able to

do business with this government.

That's all I'm saying.

That's all I'm saying.




And the numbers, when I look at week to week, Greg,

they just don't look good from what I see from week to

week, when I look at the numbers.

Now, we have to look at the overall pictures to see

what you are going to bring back to us, which I don't

know when that's going to be.

But we have to look at the overall number.

So when I saw this contract here, I just wanted to

highlight this so that you can see, you know, what I'm

talking about when we talk about minority participation

or the SBLE and WMBE.

11:55:20 >> In regard to the next update you should be receiving

a communication suggesting that council perhaps look at

sometime before the end of the year or after the first

of the year, we are required to come back before you

with the fiscal year-end closeout.

So we'll be asking to schedule something around that

time frame.

11:55:44 >>THOMAS SCOTT:
Councilman Stokes.

11:55:46 >>CURTIS STOKES:
Mr. Hart, do you have what companies

make up that 3.4%?

11:55:52 >>> Yes.




There are two companies, both whom are SOBE certified

and WMBE certified.

11:55:59 >> Do you have the names of them?

11:56:01 >> I do.

Bear with me just a moment.

Those companies include MAR construction corporation,

and Mend-It concrete services.

11:56:24 >> Okay.

11:56:26 >> What is that first name.

11:56:28 >> First name was M.A.R. construction corporation.

The initials are M.A.R. construction, corp.

The second is MEND-IT concrete services.

I can certainly have this information.

11:56:51 >> Which is a Hispanic company, right?

11:56:56 >> Yes.

The MBE classification is Hispanic.

And they are both SLBE.

11:57:02 >> And they install piping?

The contract for installation of piping?

11:57:09 >> The Mend-it concrete services is noted as providing

concrete services.

Reinforcement services.




The M.A.R. construction service is noted as providing

valves associated with the piping or installation.

11:57:30 >>THOMAS SCOTT:
Gutters.

11:57:35 >>CURTIS STOKES:
The reason I asked, there's a piping

supply company in Tampa, a minority owned firm.

I'm surprised they didn't participate in this.

11:57:49 >> I believe they were solicited.

I don't recall if they quoted or --

11:57:58 >>THOMAS SCOTT:
Can we get a motion?

I'm sorry, were you finished, councilman?

Let me get a motion to move item 16 and 23.

Could we get a motion to 16 and 23?

11:58:10 >>CHARLIE MIRANDA:
Motion for 16 and 23.

11:58:13 >> So moved.

11:58:14 >> Seconded by Ms. Capin.

All in favor?

Opposed?

The Ayes have it.

11:58:21 >> 23 was the interlocal agreement with the SBIC, Small

Business Information Center, and they provided us

information on that.

Those who don't understand it, you need to recognize




that that interlocal agreement with the county to

provide technical assistance, advice and all of that

for East Tampa, West Tampa and Ybor City, at the tune

of $93,000 a year.

So I hope you will avail yourself to the services.

Technical assistance and service.

I think they are located in Ybor City, right?

Is it Temple Terrace?

Temple Terrace?

11:58:57 >> Ed Johnson, CRA manager for East Tampa.

That's correct.

They are located on 56th street in Temple Terrace

is where the SBIC's consolidate offices are where they

have a multitude of services available for small

businesses.

11:59:13 >>THOMAS SCOTT:
I want to stress that you allow that

service, okay?

11:59:16 >> Mr. Chairman, I would like to make sure that you all

understand that part of that $93,000 fund is also --

there's about $28,000 that we are also utilizing for

SBIC's assistance in our enter praise program which is

also near and dear to our hearts.




So it's not only for training but it's also for

administration and outreach and enterprise zone.

11:59:41 >>THOMAS SCOTT:
Thank you.

Item 28.

I want to highlight this item to have let people know

that assistance is available at the tune of $100,000.

Go ahead.

11:59:52 >>CINDY MILLER:
Director growth management development

services.

This is a grant that we have applied for, where all

employees by counseling constituents that are in danger

from the standpoint of foreclosure and danger with

their home Marge will be able to come to the housing

community development division for assistance.

We will be both counseling and hopefully finding

programs for applicants to be able to work through

their dilemmas that they are having.

I am also going to leave with you where we do have

brochures both in print and on our Web site that are

basically advice the as to how folks should be working

with their mortgage holders.

And I do thank you, sir, for highlighting this.




12:00:29 >>THOMAS SCOTT:
Thank you very much.

Again, this is a grant to the tune of $100,000 where

the housing assistance --

12:00:38 >> The housing community development division is

located on Nebraska.

12:00:41 >>THOMAS SCOTT:
Thank you.

Is available for helping people who find themselves at

the brink of foreclosure and that sort of thing and get

assistance.

So I want to highlight that.

So the motion to approve that.

12:00:50 >> Second.

12:00:54 >>THOMAS SCOTT:
No, I need someone to move it.

12:00:56 >> So moved.

12:00:57 >> Second.

12:00:58 >>THOMAS SCOTT:
All in favor?

Opposes?

Okay.

It's lunch time, council.

I have a memo from Mr. Smith that -- for discussion on

item 86 and 87.

He would like to have that item continued till they




have a full council, at the next council meeting

request, because this afternoon members won't be here.

Now, I still have, if you go want to go ten minutes

over, I have time if all want to do that.

I don't know.

But 856 is we can take that up real quick.

86 and 87, do you all want to continue that item to the

next meeting?

12:01:47 >> Yes.

12:01:48 >>THOMAS SCOTT:
Okay.

Motion to continue item 86 and 87?

12:01:53 >>MARY MULHERN:
So moved 134 second.

12:01:55 >>THOMAS SCOTT:
All in favor?

That will be on our next meeting.

October 21st.

Okay.

Sorry to keep you waiting.

Item 85, Mr. Stokes.

12:02:07 >>CURTIS STOKES:
I on Monday I asked this item be

removed from the agenda.

12:02:11 >>CHARLIE MIRANDA:
Second.

12:02:12 >>THOMAS SCOTT:
The question I have with legal, and the




question is, item 85 is renaming of the playground and

activity center, I believe, the way the motion was

framed.

The question is, I guess, with this -- will this come

back?

Because touch remove it from the agenda, taking it off

the agenda for the state doesn't mean it will come

back.

It does not come back or what?

12:02:41 >>CHARLES FLETCHER:
Had council made the motion to

consider the item, consider whether to withdraw it

until such time as there's a future motion or council

could determine to continue it to a time certain.

It's council's purview.

12:02:54 >>THOMAS SCOTT:
Councilman Stokes, that's the motion.

I just need to know.

12:02:58 >>CURTIS STOKES:
Just until there's -- I'm not sure

what procedure there is till we see what the procedures

are for naming facilities for our current City Council

member.

12:03:10 >>THOMAS SCOTT:
Well, there is no procedure at this

particular point.




My next point was that away from this, of that we draft

some guidelines and procedures for if you are going to

name parks and buildings after council personnel.

From my perspective, talking about me, nobody else,

because I didn't do it, nobody else, just me, from my

days on the county commission, we could not -- we could

not name a building or park or street or truck or

anything after a City Commissioner or staff person

while they are working or on the commission.

It had to be done once we were gone.

So my position is -- and this again has nothing to do

with Ms. Miller, I would support it, but in the future

you come back with some sort of guidelines, Mr. Shelby,

or Mr. Fletcher, relative to that, and I think that

would guide council in the future.

What I don't like is this -- we never done it that way

before, we have never done it.

That's the last seven dying words of any organization.

"we never did it that way before."

Okay?

All I'm saying is let's draft some procedures, let's

draft a process so in the future, if someone wants this




to happen, they have a process in place to address it

as we move forward.

12:04:44 >>CURTIS STOKES:
I think we mirrored a decision of the

county and will expedite that.

12:04:50 >>MARTIN SHELBY:
If I can, Mr. Chairman, this issue

did come up several years ago with regard to road

namings, and the administration did bring back a

process.

I believe Mr. Snelling was involved in that.

12:05:01 >>CHARLES FLETCHER:
We Don have an ordinance on naming

and renaming roads.

That's in code.

So that's a different animal in this context.

The administration had developed internally a procedure

that they use when they are making recommendations, and

we can get that to council.

That would not be binding on council, but just as a

point of information we can make that available.

12:05:23 >>THOMAS SCOTT:
All I'm asking for at some future

date, I go off, what, April 1st offer off City

Council.

I would like it to come back before I leave.




12:05:48 >>JOSEPH P. CAETANO:
Would reconsideration be proper?

12:05:51 >> No.

12:05:52 >>CHARLIE MIRANDA:
I second it.

12:05:53 >>THOMAS SCOTT:
Moved and seconded to remove that from

the agenda.

My question is, when will it come back?

He's going to bring it back at some future date.

My issue is separate from that.

My issue is that we set procedures and policies or

procession in place.

Okay?

And that will come back to us, when, 60 days, or

January 1st?

January?

That's enough time?

12:06:15 >> We have done most of the research and compiling it

already, so we can do it the next meeting or the first

meeting in November.

12:06:23 >>THOMAS SCOTT:
I would like to have input.

I want every council member -- I want you all to look

at it and talk and then bring it.

12:06:35 >>> You would like a section put together and based on




other information from other jurisdictions.

12:06:40 >>THOMAS SCOTT:
Yes.

12:06:41 >> I would recommend the first meeting in January.

12:06:43 >>THOMAS SCOTT:
Okay.

12:06:43 >> So moved.

12:06:47 >> Second.

12:06:48 >>THOMAS SCOTT:
Now you have to carry.

12:06:50 >>CHARLIE MIRANDA:
Motion made by Mr. Scott.

Seconded by Mr. Stokes.

All in favor of that motion please say Aye.

Opposed, Nay.

The Ayes have it unanimously.

12:06:58 >>THOMAS SCOTT:
Okay.

That covers all --

12:07:02 >>MARTIN SHELBY:
Except for number 22, the rules and

procedure.

12:07:04 >>THOMAS SCOTT:
22 and the hearing officer thing.

What number was that?

The appeal process, number 20, right?

Did we approve number 20?

Mr. Fletcher, item 20 was the hearing appeal process?

12:07:24 >>CHARLES FLETCHER:
Yes, Mr. Chairman.




These were the --

12:07:30 >> I just want to highlight it.

These are issues that I initiated coming on council.

There were those complaining about administration

serving as the hearing officer, so now we have a

process in place to address that.

We brought it to council.

I am going to move that item.

Somebody can second it.

12:07:46 >>CHARLIE MIRANDA:
Motion made by Mr. Scott, seconded

by Mr. Caetano on a close vote with Ms. Mulhern.

All in favor of that motion please indicate by saying

Aye.

The Ayes have it unanimously.

12:07:57 >>THOMAS SCOTT:
Okay.

And then item 22.

12:07:59 >>CHARLES FLETCHER:
Mr. Daignault is here on 88 which

is the County Line Road streetlights.

12:08:05 >>THOMAS SCOTT:
Mr. Daignault, I'm sorry, come on

down.

12:08:12 >>STEVE DAIGNAULT:
Administrator for public works and

utility services here at the request of council.




Again, I have no additional information beyond what I

have met with council member Caetano and passed to him.

It looks like the best solution for lights on County

Line Road would be a group effort between Pasco and

Hillsborough County and it would require an assessment

of those people in that area.

That's the best solution I can come up with at this

moment.

12:08:37 >>THOMAS SCOTT:
Mr. Caetano?

12:08:41 >>JOSEPH P. CAETANO:
Mr. Caetano, do you want a

preliminary price of what it would cost for those

streetlights from TECO perhaps?

12:08:49 >>> From TECO, they do not charge you unless they have

to run a new line.

But if there is power and poles there, they just have

to put the lights up there, there is no additional

charge.

It is just a monthly fee for the use of the

electricity.

12:09:04 >>JOSEPH P. CAETANO:
Because I think you said one time

that the poles, I had suggested they put these lights

on, were too far from the road.




I don't know if they have different sizes of arms that

come out.

12:09:15 >> Again, we have not asked TECO or anyone to do any

preliminary evaluation or looking at that.

We can do that.

I will be glad to check and see what it would take.

I'll be glad to pursue that.

12:09:30 >>JOSEPH P. CAETANO:
I make that as a motion that Mr.

Daignault pursue the initial cost of what it would cost

to get lights on the existing poles that are there,

whether they are capable.

12:09:42 >>THOMAS SCOTT:
Moved and seconded by councilman

Stokes.

All in favor?

Opposes?

Okay.

The last item, Mr., would officer Miller please come

into the chamber of City Council, please?

12:09:57 >>MARTIN SHELBY:
What are going to be the rules of

procedure?

It's a very brief item.

I don't know if you want to take it up today.




12:10:03 >>THOMAS SCOTT:
Don't need to do anything other than --

12:10:07 >>MARTIN SHELBY:
Very quickly, council, I passed

around a minor change, just deleting a few words just

to clarify one of the rules on page 11, and a

typographical item, just on item 5.

I put that in a substitution.

I would like to present that to you.

It has to be read by title after these afterwards these

rules take effect.

Basically, council, just so you know, item is going to

mean if it's a quasi-judicial matter and the matter

fails to receive at least four votes, the motion fails.

And if another motion that's in order is not made, the

result will then be to reopen the public hearing and

continue it to a date and time certain when the full

council may be present.

That will preserve a lot of the issues, or preserve the

notice train and cure a lot of problem that the council

has had in the past.

And I presented this for your approval.

12:11:06 >>CHARLIE MIRANDA:
So moved.

12:11:07 >> Second.




12:11:08 >>THOMAS SCOTT:
By title.

12:11:10 >>MARTIN SHELBY:
The resolution is number 22 by title.

12:11:15 >>CHARLIE MIRANDA:
Mr. Chairman, item number 22 is a

resolution for presented for second reading and

adoption, resolution replacing the rules and of

procedure governing meetings of the City Council of the

City of Tampa superseding all previous resolutions

setting forth procedure, providing an effective date.

12:11:35 >>THOMAS SCOTT:
Seconded by councilman Caetano.

All in favor?

12:11:42 >>MARTIN SHELBY:
Thank you, City Council.

12:11:43 >>THOMAS SCOTT:
Motion to -- okay.

I'm sorry.

We are going to break for lunch.

Officer Miller.

Mr. Miller?

All the cameras on Mr. Miller.

By the powers invested of in me I want to declare that

you have a birthday next Tuesday, and we also wish a

happy birthday to you.

So -- [ Laughter ]

Enjoy your birthday.




And we appreciate you so much what you do for council.

I want to say this for the record.

He really looks out for council.

When there are funerals or things he makes sure we get

parking, and get directions.

You really, really have taken care of the City Council.

And I want you to notch we really do value, we

appreciate you so very much.

Okay?

12:12:42 >>MARY MULHERN:
Happy birthday.

You look so young.

I can't believe you are a year older.

12:12:47 >>THOMAS SCOTT:
Anything else this morning?

12:12:49 >>MARTIN SHELBY:
A reminder, council, that you do have

an afternoon agenda, albeit a short one, and Mr.

Miranda, my understanding will be chairing that

meeting.

Thank you.

12:13:03 >>THOMAS SCOTT:
This afternoon.

I see an attorney here.

12:13:08 >> If it's something related to this afternoon it's my

visits not subject to take it up.




12:13:13 >>THOMAS SCOTT:
Again Ms. Miller and I will not be

here but I hope you will all be back here at 1:30.

12:13:21 >>YVONNE CAPIN:
I would like to say happy birthday to

my dear friend Charlie Demico who is sitting in the

audience and we are going to celebrate this afternoon.

Happy birthday, Charlie.

12:13:33 >>THOMAS SCOTT:
Happy birthday.

You all really surprised me last week.

I tell you, on mine.

It really surprised me.

Caught me off guard.

Thank you all very much.

We stand in recess till 1:30.

Thank you.



(Tampa City Council reconvened for the 1:30 p.m.

session)



-(roll call).

13:40:55 >>CHARLIE MIRANDA:
For the record, I ought to mention

that both Chairman Scott and Gwen Miller, Gwen miller

is absent because of a terrible tragedy in her family.




Her mother passed away.

We have that in the record this morning.

And Chairman Scott also stated earlier that he won't be

here in the afternoon.

So we'll have four, possibly five members, is my

understanding, that we'll hear 89.

I don't know -- or 90, we have to open these public

hearings.

13:41:23 >> Move to open the public hearings 89, 90.

13:41:31 >>CHARLIE MIRANDA:
And 91.

I have a motion by Ms. Mulhern, seconded by Mr. Stokes.

All in favor of that motion please indicate by saying

Aye.

Opposed Nay.

The Ayes have it unanimously.

I am going to skip 89 for a second and go to 90.

We have had a request for continuance to November

18th.

Is there anyone in the audience who would like to speak

only on the continuance to November 18th?

I see no one.

13:41:58 >>MARTIN SHELBY:
I'm sorry, Mr. Chairman, November




18th is the last regular meeting before your break.

There is an evening meeting as well so perhaps would

you like to schedule that for 10:30 in the morning on

November 18th.

13:42:16 >>CHARLIE MIRANDA:
If I may here hear a motion from

council members for the 18th at 10:30.

Motion by Mr. Stokes.

Second by Ms. Mulhern.

Further discussion by council members?

All in favor of the motion please indicate by saying

Aye.

Opposed, Nay.

Item 90 is continued to November 18th at 10:30.

Item 91.

Do you all wish to be heard?

Yes or no?

13:42:36 >> Respectfully, we would request, if you are willing,

a continuance to October 21st at 10:30 in the

morning.

We understand you have a lot in the morning and the

afternoon.

13:42:50 >>CHARLIE MIRANDA:
Anyone in the audience care to speak




to this continuance to October 21st?

You have to understand that right now we have a four

council members which means that anything would have to

pass would be unanimously.

13:43:02 >>MARTIN SHELBY:
Council, I should bring this to

council's attention.

Under your rules that are adopted which actually was

council's policy but are now put into writing, it

states -- and I'm quoting rule 6-C, if at a

quasi-judicial hearing only four members are available

to take action a petitioner shall have the right to

continue until there are a minimum of five members.

If there is less than a full City Council then a

petitioner may request a continuance but it will not be

a matter of right N.this case there are only four

members present.

So per council's rules, as a matter of right the

petitioner does have the right to request a later date.

13:43:38 >>CHARLIE MIRANDA:
Please state your name for the

record.

13:43:39 >> Walter Crumbley with Courier City Oscawana

homeowners association.




This is not the way I planned to spend my birthday.

I noticed you are celebrating everybody's birthdays

this morning.

13:43:52 >> Happy birthday.

13:43:53 >> Thank you very much.

We keep coming down here.

This is the fourth or fifth visit we have had here.

And if you are going to continue it, which you

obviously are, then we think it should be to an up or

down vote.

No more participation by the audience, no more business

with the City Council and this sort of thing.

Let just get it to a vote once and for all.

You had a vote in favor.

You had a vote against it.

And now we are down here and had a postponement one

time because you didn't have a full council.

We would just like to see the thing one way or the

other get done.

13:44:39 >>CHARLIE MIRANDA:
Well, I can only speak to my

recollection or memory, came up before us one time, and

then the second time there was a legal, if I recall the




legal department, the legal department asked us to

reconsider because there was part of the record, could

have been disseminated against the petitioner the way

it came out or against us, so instead of doing that and

risking the taxpayers money in court and so forth and

so on, we choose to have the hearing reheard.

But I'll let the legal department speak to that.

13:45:11 >>REBECCA KERT:
Legal department.

This was continued for a full public hearing.

You need to conduct a full public hearing on it.

13:45:23 >> Just for the record to be absolutely clear, I want

to go back.

We have now five council members and ask the

petitioner, do you still want to have a continuation?

13:45:35 >> As a courtesy to Ms. Miller and her familiar reply

and Mr. Scott's absence, yes, sir, we would still

request respectfully October 21st at 10:30 but that

would be your will.

Ron Weaver, 401 East Jackson Street for the record,

attorney for the Mangroves.

13:45:50 >>CHARLIE MIRANDA:
When there's only four council

members it's automatically referred to the pleasure of




the council or the compromise on that date forward.

Now there's five council members.

So now that changes a little bit.

Now it's the pleasure of the council whether they

choose to have a continuation.

Yes, Ms. Mulhern?

13:46:07 >>MARY MULHERN:
I'll support the continuance, but I

want to be clear, if this is continued today, was it

continued first -- is this the first reading or second?

13:46:23 >>REBECCA KERT:
Legal department.

This is the second reading.

And it was on the advice of the legal department that

you conduct a new second reading.

13:46:32 >>MARY MULHERN:
A new second reading.

So at least -- next time we hear it, that will be it.

13:46:41 >>CHARLIE MIRANDA:
It will be the second.

Right.

Again I am going to ask one more time, does anyone in

the audience want to speak against the continuance to

October 21st?

That would be in the daylight hours.

13:46:51 >>MARTIN SHELBY:
Council, the request of Mr. Weaver is




for the morning, 10:30, on October 21st at his

request.

13:47:02 >>CHARLIE MIRANDA:
Anyone in the audience has any

objection to 10:30 in the morning?

Hi see none.

What's the pleasure of council?

13:47:07 >> I would like to make a motion to reschedule the

second by reading of this motion, the public hearing to

October 21st, 10:30 a.m.

13:47:21 >>CHARLIE MIRANDA:
Seconded by Ms. Capin.

13:47:23 >>MARTIN SHELBY:
For the record this is a motion to

continue.

13:47:27 >>CHARLIE MIRANDA:
A motion to continue.

Motion by Mr. Stokes.

Seconded by Ms. Capin to continue to 10-21 at 10:30 in

the morning.

All in favor?

Nay?

I hear no Nays.

Passes unanimously.

Thank you very much for appearing.

All right.




As we redo this, we have a public hearing, item number

89.

13:48:13 >>MARTIN SHELBY:
Mr. Chairman, I believe if we go

forward, it will require the witnesses to be sworn,

please, sir.

13:48:24 >>CHARLIE MIRANDA:
Yes, sir.

This is a quasi-judicial.

Is there anyone that's going to testify on item number

89?

Please raise your right hand to be sworn.

(Oath administered by Clerk)

13:48:39 >>BARBARA LYNCH:
Land Development Coordination.

I do have a map for the overhead.

This is a request to vacate an alley in the East Tampa

and specifically lying between 46th street and

court street and running from old Columbus drive to

18th Avenue.

The petitioner's property shown in red, and the alley

is shown in yellow.

I have some photos of the alley.

The first photo is the alleyway looking south on

18th Avenue.




And the next photo is the alleyway looking north from

old Columbus drive.

The next shot is the petitioner's property.

I'm a little concerned because I am not sure if the

applicant is here.

Are you the applicant in this case?

13:49:50 >>CHARLIE MIRANDA:
No.

13:49:50 >>> I'm a little concerned because I do not see the

applicant here.

I mean, we could move forward or it may be better for

us to go ahead and continue the matter.

13:50:03 >>CHARLIE MIRANDA:
Has the applicant been notified?

13:50:06 >>> Yes, but John had a death in the family so they had

another authorized agent.

And he was supposed to show up.

13:50:17 >>CHARLIE MIRANDA:
My advice is that we stop right

here, because if we are going to hear twice, we are

going to hear it now and hear it when the second agent

comes up, 006, and 007 before, and I think we will be

hearing the items at the same time.

Legal, do you have any problem with that?

Any problems with us continuing it now?




Because the agent is not here.

13:50:42 >>JULIA COLE:
I would recommend we continue it.

I was just speaking with Mr. Shelby about your meeting

on October 21st, got filled up and suggest we move

it --

13:50:54 >>CHARLIE MIRANDA:
All right.

10:30 also?

13:50:55 >>MARTIN SHELBY:
You could do it at 10:30.

13:50:58 >>CHARLIE MIRANDA:
Anyone in the audience care to speak

to this continuance on item 89? I see no one.

I need a motion for continuance from council.

13:51:06 >>JOSEPH P. CAETANO:
10:30 on the 21st of October.

13:51:12 >>MARTIN SHELBY:
Did you want it on -- was that

November 4th?

13:51:17 >>CHARLIE MIRANDA:
I'll guarantee you that hi won't be

here November 4th.

13:51:20 >>MARTIN SHELBY:
The only other date is November

18th if you wish.

13:51:27 >> It doesn't matter to me.

She said either day.

13:51:36 >>CHARLIE MIRANDA:
October 21st is all right?

13:51:39 >> Whatever the pleasure of council is to go ahead and




get this continued.

13:51:42 >>CHARLIE MIRANDA:
I believe Mr. Caetano said 10-21 at

10:30.

I do hear a second?

Second by Mr. Stokes.

All in favor?

Opposed?

The Ayes have it unanimously.

We go now to information report by council members.

I go from left to right.

Mr. Stokes?

Ms. Mulhern?

Mr. Caetano?

13:52:07 >>JOSEPH P. CAETANO:
Nothing at this time.

(The City Council meeting adjourned at 1:52 p.m.)





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