TAMPA CITY COUNCIL
July 18, 2013
9:00 a.m.
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>>CHARLIE MIRANDA: City Council is called to order.
9:04:21AM The Chair yields to Mr. Harry Cohen.
9:04:26AM >>HARRY COHEN: Thank you, Mr. Chair, I would like to
9:04:28AM introduce Pastor Zelvis Applin of the South Tampa
9:04:31AM Fellowship.
9:04:32AM Pastor Applin recently moved from Texas to Tampa with his
9:04:34AM wife and family to join the South Tampa Fellowship as their
9:04:36AM worship pastor and director of music.
9:04:38AM Good morning.
9:04:39AM And please stand for the invocation and Pledge of
9:04:41AM Allegiance.
9:04:45AM >> Good morning, City Council.
9:04:47AM Good morning everyone.
9:04:48AM Let's join in prayer and seek God's blessings in favor for
9:04:51AM this meeting.
9:04:52AM Heavenly father, we thank you for this opportunity for us to
9:04:56AM be assembled together.
9:04:58AM God, we thank you for this great city that we live in.
9:05:00AM And we thank you for the leadership that you have placed in
9:05:04AM order to legislate and to run the affairs of this city.
9:05:09AM God, I pray that you would bless this time together.
9:05:11AM That, God, as the agenda items are covered and as people
9:05:15AM bring up their items today, God, I pray that there would be
9:05:19AM peace in this place and that, God, your agenda would be
9:05:22AM accomplished through your people today.
9:05:24AM And God, we thank you for this time, we thank you for this
9:05:28AM opportunity to be used by you to serve this city.
9:05:31AM God, we pray your blessings upon the rest of our time
9:05:34AM together this morning.
9:05:35AM In Jesus name we pray.
9:05:36AM Amen.
9:05:39AM [PLEDGE OF ALLEGIANCE]
9:05:48AM >>CHARLIE MIRANDA: Roll call.
9:06:00AM [Roll Call]
9:06:02AM >>MIKE SUAREZ: Here.
9:06:04AM >>YVONNE CAPIN: Present.
9:06:06AM >>HARRY COHEN: Here.
9:06:08AM >>CHARLIE MIRANDA: Here.
9:06:11AM >>CHARLIE MIRANDA: Okay, there are various items on the
9:06:14AM agenda that are being pulled.
9:06:15AM And I need -- the addendum is here, done by the clerk's
9:06:19AM office.
9:06:20AM I welcome everyone back for the great time we have been out
9:06:24AM on vacation.
9:06:25AM Need approval of the agenda and the addendum.
9:06:29AM >> So moved.
2:47:11PM >> Second.
2:47:12PM >> Item 20 is being pulled.
2:47:16PM I believe item 77 -- I want to make sure that's correct.
2:47:24PM 77 is also being pulled.
2:47:26PM And we'll get to -- if the administration would like to
2:47:30PM speak on those, they're welcome to.
2:47:32PM If not, when we get to them, we'll talk about them.
2:47:35PM Yes, ma'am?
2:47:36PM >> MARY MULHERN: Thank you, Mr. Chair.
2:47:37PM Sorry, I'm a bit late.
2:47:39PM Number 7 I might have a question about, but I think it's
2:47:42PM getting answered.
2:47:43PM So could we pull it and I'll just move it -- sorry -- if get
2:47:51PM the answers I need before the end of the meeting.
2:47:53PM >>CHARLIE MIRANDA: Not at all.
2:47:54PM Thank you very much.
2:47:55PM Yes, ma'am?
2:47:57PM >>YVONNE CAPIN: Mr. Chair, item number 52, I had a question.
2:48:04PM And I spoke to one of the parties, but I still haven't
2:48:07PM gotten the answer on how this total, how these monies were
2:48:14PM brought to $1.6 million.
2:48:17PM And I'd like, might have questions, I'm waiting for an
2:48:21PM answer.
2:48:21PM >>CHARLIE MIRANDA: That's your committee.
2:48:23PM When we get to it, you can bring it up.
2:48:25PM What you just said about either pulling it or discussing it,
2:48:30PM whatever you'd like to do.
2:48:31PM No problem.
2:48:32PM >>YVONNE CAPIN: Thank you.
2:48:32PM >>CHARLIE MIRANDA: Okay.
2:48:33PM I have a motion, I believe made, was that Mr. Suarez?
2:48:38PM Second by Mr. Cohen for approval of the agenda and addendum.
2:48:42PM All in favor of the motion, please indicate by saying aye,
2:48:43PM opposed nay.
2:48:45PM The ayes have it unanimously.
2:48:45PM We go to public comments for items on the agenda first.
2:48:48PM Any item on the agenda, take in mind that 20 and 77 are
2:48:54PM pulled.
2:48:54PM So those are moot right now.
2:48:56PM But any other items you'd like to speak on, come forward,
2:49:00PM please.
2:49:01PM All the agenda items first.
2:49:03PM When you come up, your name, address and the item you want
2:49:06PM to speak on.
2:49:07PM Other than those that are set for public hearings, which are
2:49:16PM set for standard time and must be spoken at that time.
2:49:18PM Those are items that are set for public hearing, then those
2:49:21PM are the items that have to be heard after that time.
2:49:24PM Yes, ma'am?
2:49:26PM >> I think, is item number 60 for public hearing?
2:49:30PM >>CHARLIE MIRANDA: We'll look at it right now.
2:49:32PM Yes, it's public hearing.
2:49:36PM That will be a substitute motion, but that comes up after
2:49:39PM 9:30 in the morning.
2:49:40PM >> Thank you.
2:49:41PM >>CHARLIE MIRANDA: Thank you very much.
2:49:55PM Yes, sir?
2:49:56PM >> Mr. Chairman, 59 and 60, just to clarify, are both public
2:50:00PM hearings.
2:50:05PM >>CHARLIE MIRANDA: Yes, sir.
2:50:06PM >> Thank you.
2:50:12PM >> Mr. Chairman?
2:50:13PM >>CHARLIE MIRANDA: Yes, sir.
2:50:14PM >> Is the Perry Harvey Senior park renovation part of the
2:50:20PM public hearing?
2:50:21PM Is it on your agenda today?
2:50:25PM >>CHARLIE MIRANDA: Mr. Reddick just advised me it's off the
2:50:27PM agenda item.
2:50:28PM You can speak on it as soon as we finish the first that are
2:50:33PM on the items that wish to speak that are numbered.
2:50:36PM Then you can speak on that item.
2:50:38PM No problem, sir.
2:50:39PM Next, please?
2:50:40PM Any item on the agenda.
2:50:41PM The number -- we'll start with then, sir, you were up first.
2:50:46PM We'll speak on items off the agenda then.
2:50:53PM >> Thank you, Mr. Chairman and City Council, my name is
2:50:58PM Eddie Adams Junior, 9504 Woodland Ridge Drive.
2:51:03PM I am here to speak to you about issue or concern, it's been
2:51:08PM in the paper.
2:51:10PM There's a group of folks who support the historical Central
2:51:17PM Avenue renovation, where the grove park is, skateboarders.
2:51:24PM Before that slab of concrete that's bearing the ground now,
2:51:28PM there was a rich and vibrant community that was there.
2:51:33PM And that community was there for 150 years.
2:51:36PM When I was younger, I traveled in South America and I kind
2:51:41PM of, you know, found out that they had churches -- not trying
2:51:46PM to say anything bad against the Catholics.
2:51:49PM But they had Catholic churches on what used to be sacred
2:51:53PM ground, Indian burial sites, because they wanted to prove a
2:51:57PM point.
2:51:57PM When the bulldozers went through in the '60s and the
2:51:59PM '70s, and bulldozed many of the black communities in this
2:52:03PM country, they put nothing there.
2:52:06PM They made way for highways and they made ways for a lot of
2:52:09PM stuff that ended up being nothing.
2:52:12PM We have an opportunity now to preserve, resurrect what was
2:52:19PM probably at one time, one of the most vibrant black business
2:52:23PM communities in the southeast.
2:52:26PM Other than Atlanta and maybe Miami.
2:52:27PM Other than that, this was it.
2:52:28PM Central Avenue had everything.
2:52:30PM It had everything just north of the tracks that you guys had
2:52:34PM in downtown Tampa.
2:52:35PM Because during segregation, this was it for black folks.
2:52:39PM To the time we settled this area as slaves, up until the
2:52:43PM present day, that has been a minority black community.
2:52:46PM The skateboarders who came along in 1978 and built the
2:52:53PM skateboard park, we support their efforts to have a
2:52:57PM skateboard park.
2:52:58PM You know, it's the same as basketball.
2:53:00PM I mean, it's something that we do and we appreciate their
2:53:05PM religion, as they call it, not just cultural.
2:53:08PM But beneath there lies 150 years of people who live, worked
2:53:14PM and died in that community.
2:53:16PM And that's all that's left of it, is the park.
2:53:19PM And the most significant thing in Perry Harvey Senior Park
2:53:23PM should be the statue of Perry Harvey Senior and what he
2:53:26PM represented.
2:53:27PM Thank you for your time.
2:53:28PM Thank you for your efforts and I hope the city goes through
2:53:31PM and do the redevelopment of that park as scheduled.
2:53:33PM Thank you.
2:53:34PM >> Thank you, Mr. Adams.
2:53:36PM Next please?
2:53:38PM >> Jonathan, 510 Harrison Street.
2:53:42PM I think he has got a great idea.
2:53:44PM I think he should be able to get both the skate park and a
2:53:47PM monument put on that property.
2:53:48PM It's big enough.
2:53:49PM But I'm here to talk about my favorite subject, which is
2:53:52PM code.
2:53:53PM I just found out that Green Park is in civil court.
2:54:00PM Now, if that information had come out by our legal
2:54:05PM department, I wouldn't be so hot and heavy about it because
2:54:08PM I understand the court system.
2:54:10PM But no one bothered to say anything.
2:54:12PM Anyway, Green Park needs to be cleaned up as soon as
2:54:18PM possible.
2:54:19PM As soon as can get legal to get everything done, it
2:54:24PM definitely needs to be cleaned up.
2:54:25PM But the fact that it went on for 10 years or longer is
2:54:30PM ridiculous.
2:54:30PM I found another one on 17th that has been going on for 10
2:54:35PM years that is another slum lord.
2:54:38PM I don't understand why code can't take action.
2:54:44PM The other thing I want to talk about is mainly 20,000 civil
2:54:54PM citations sent out.
2:54:58PM At least.
2:54:59PM Not one of them is reinspected to see if they comply.
9:14:22AM Not only less than 10% show up for a court hearing that are
9:14:30AM required to go to a court hearing.
9:14:31AM Less than three percent pay their fines.
9:14:37AM So I'm questioning, is this -- I mean, does it work?
9:14:45AM Code has no way of telling if the program works or not.
9:14:49AM All they can go is by hearsay.
9:14:52AM I think somehow, some way we have to hold code accountable
9:14:58AM for what they do, why they do it, and have it open to the
9:15:04AM public.
9:15:05AM I mean, 20,000 is ridiculous.
9:15:11AM And I think it costs us 50 bucks for each time we file and
9:15:15AM go to court.
9:15:15AM Or file it in the court system.
9:15:18AM Even the circuit court clerk tells me, they're not
9:15:23AM enforceable.
9:15:24AM They're non-collectible.
9:15:27AM People that pay them are paying them out of their goodness
9:15:31AM of their heart but we are just plain scared.
9:15:35AM Just like people that do follow code are good people or
9:15:38AM they're scared or something or other.
9:15:41AM But the people, the hundreds and thousands of people that
9:15:44AM don't comply is the problem.
9:15:47AM The repetitiveness of cases on the same property, by the
9:15:53AM same people, has got to stop.
9:15:56AM Somehow, some way, we have to get this under control for the
9:16:00AM health and safety of the neighborhoods.
9:16:03AM Thank you.
9:16:04AM >>CHARLIE MIRANDA: Thank you very much.
9:16:04AM Next please, sir?
9:16:09AM >> Good morning.
9:16:09AM My name is Mike Reeves.
9:16:11AM I am president of Reeves Building, Plumbing and Roofing.
9:16:15AM My address is 2309 East Osborne Avenue.
9:16:19AM I am 57 years old.
9:16:22AM I am here in support of the Perry Harvey Park, but I want to
9:16:29AM add something to that.
9:16:30AM I was over there looking couple days ago and kids are out
9:16:33AM there having fun.
9:16:34AM I need to make sure I say that.
9:16:37AM It is a good area for kids to gather and skate, you know,
9:16:40AM etcetera, etcetera.
9:16:42AM So, in the decision of you guys and the powers that be, I
9:16:46AM just hope you include everybody, kids, the park, kind of
9:16:51AM make the thing work for everybody.
9:16:53AM I just think that is important.
9:16:55AM I just want to add that and say that I'm definitely for the
9:17:00AM park -- not only that.
9:17:02AM Just anything that talks about African-American history.
9:17:07AM I mean, I've been in Tampa a long time.
9:17:09AM And I travel a lot and there's not much in Tampa that deal
9:17:13AM with African-American history around here.
9:17:16AM And I think, I really think that needs to change.
9:17:19AM But, getting back to the park.
9:17:21AM When it's over, said and done, I just hope everybody can get
9:17:26AM together and, I mean the kids are the future.
9:17:30AM Remember that.
9:17:30AM But the park is important too.
9:17:33AM Thank you.
9:17:35AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:17:36AM Next please, sir?
9:17:39AM >> Good morning.
9:17:39AM My name is Stanley Gray.
9:17:40AM I reside at 3020 West Harborview Avenue in Tampa, Florida.
9:17:45AM I'm here representing Saturday morning breakfast group, a
9:17:48AM group which is comprised of African-American males of all
9:17:52AM political backgrounds.
9:17:54AM I'm here also to speak in support, really more of a request
9:17:58AM for you to be mindful of the fact that our city really
9:18:02AM doesn't have the proper recognition of African-American
9:18:05AM contributions to the City of Tampa.
9:18:07AM I can say that because I've lived all over this country.
9:18:11AM I've been in Tampa 12 years now, which is approximately
9:18:14AM three times longer than I've ever been any place.
9:18:17AM And I'm really a little bit concerned by that fact.
9:18:20AM If you went as an individual such as I have, you could find
9:18:25AM little bits and pieces of the African-American contribution.
9:18:27AM But not one place that speaks to the contributions that have
9:18:30AM been made by African-Americans in this city.
9:18:32AM If you would go over to the county building, you would look
9:18:35AM north, you would see a park.
9:18:36AM In that park it commemorates people who have made
9:18:39AM contributions to the county.
9:18:40AM I believe that if we're going to be truly a great city, that
9:18:44AM we have got to recognize all the components of our city.
9:18:47AM I think there's some very interesting things in Tampa.
9:18:50AM One is of note, is that the hospital that was used for
9:18:55AM African-Americans was actually started by a black nurse.
9:18:57AM Mary Quaver, the Catholic church there is the oldest black
9:19:04AM Catholic church in the state of Florida.
9:19:06AM However, where it sits right now is actually the second
9:19:09AM position.
9:19:10AM The first one was burned down by whites who did not
9:19:13AM appreciate Catholics teaching black children.
9:19:16AM We also have a monument down in Port Tampa that commemorates
9:19:19AM the buffalo soldiers.
9:19:21AM I got to tell you, the monument that we have there is very
9:19:24AM pitiful when you compare it to what's been done in the city
9:19:28AM of Minneapolis.
9:19:29AM Minneapolis is where the buffalo soldiers were disbanded.
9:19:33AM There's a park commemorating them.
9:19:36AM I know there's controversy between the skaters.
9:19:41AM That's not the issue.
9:19:41AM The issue, I'm urging you to be mindful of the contribution
9:19:44AM that African-Americans have made to this city.
9:19:47AM And as we go forward, in our planning and the execution of
9:19:52AM the park right now, please be mindful of that.
9:19:55AM There's been too much has been ignored.
9:19:57AM If we're ever going to become a great city, we have got to
9:20:01AM recognize all the components.
9:20:03AM One last thing, everyone here would probably say slavery was
9:20:07AM a terrible thing for our nation.
9:20:09AM But I think that you can only do something about it when you
9:20:11AM recognize it.
9:20:12AM Even Annapolis, Maryland, has a spot where Kunta Kinte came
9:20:20AM off the boat.
9:20:23AM >>FRANK REDDICK: Chair, I just want to make a comment.
9:20:25AM On July the 1st of this year, the Mayor sent a letter in
9:20:30AM support of the Perry Harvey Park.
9:20:32AM And yesterday, the board of county commissioners voted to
9:20:36AM support the Perry Harvey Park.
9:20:41AM And I have sent a letter as the Councilman who represents
9:20:47AM that district that district and that area, in support for
9:20:48AM the Perry Harvey park.
9:20:50AM And when I get to that point, I'm going to ask this Council
9:20:54AM to do the same, in support of the Perry Harvey park, thank
9:20:59AM you.
9:20:59AM >>CHARLIE MIRANDA: Thank you, Mr. Reddick.
9:21:01AM Anything else?
9:21:01AM Next -- thank you very much.
9:21:02AM Appreciate it very much.
9:21:05AM >> I'm Ed Tillou from Sulphur Springs.
9:21:08AM Yeah, one time somebody from the media saw me and he said
9:21:13AM oh, yeah, you're the code enforcement guy.
9:21:15AM I said oh, no.
9:21:16AM And then he said, oh, you're the global warming guy.
9:21:21AM Well, I do talk about global warming a lot.
9:21:24AM I talked about it yesterday for instance at county
9:21:26AM commission.
9:21:27AM But I also talk a lot about food and I talk a lot about
9:21:30AM history.
9:21:31AM And today I'm going to try to talk a little bit about food
9:21:33AM because that's what I'm circulating around.
9:21:36AM The food festivals could, and I know there's a special
9:21:42AM committee to meet with that and I haven't been able to get
9:21:44AM to it.
9:21:45AM But the thing is that food festivals are very important
9:21:48AM because there's a lot of misunderstanding with food.
9:21:51AM And there's all these fads, like for instance the latest one
9:21:54AM is some woman has made millions of dollars on coconut oil.
9:21:59AM Some millionaire that felt his heart problems were rooted
9:22:03AM with foods, he got on that and palm oil and coconut oil was
9:22:09AM largely discontinued from foods.
9:22:11AM So there's all kinds of misinformation out there.
9:22:13AM And some of it comes from the public health community.
9:22:16AM For years and years, there's been this thing.
9:22:18AM Oh, you got to eat three meals because there's all these
9:22:23AM overweight people.
9:22:24AM No, certain things it's better to eat between meals.
9:22:27AM And a key and critical one is orange juice that has calcium
9:22:31AM -- well, to get your calcium between meals.
9:22:34AM And orange juice with calcium fortified, vitamin D fortified
9:22:40AM is a very good way of getting that, but have it between
9:22:44AM meals.
9:22:44AM Also too surprisingly, Swiss Miss because the protein
9:22:48AM content is so low.
9:22:51AM Con-Agra, that's money in their pocket.
9:22:54AM But the thing is, you also want it to be not from
9:22:59AM concentrate.
9:23:00AM A lot of people say, I like that better because it's
9:23:03AM fresher.
9:23:03AM Well, a lot of medical people know that Linus Pauling was
9:23:07AM saying, orange juice is going, vitamin C is going to keep
9:23:10AM you from getting cancer, getting colds and things like that.
9:23:14AM And other scientists could not replicate that work.
9:23:17AM And I believed that that was because they were using orange
9:23:21AM juice from concentrate.
9:23:22AM And I passed that along to the Linus Pauling foundation and
9:23:26AM they researched it for God knows 15 to 20 years.
9:23:29AM And they had the French do the heavy lifting.
9:23:32AM But it comes out that the bioflavonoids that are destroyed
9:23:38AM in the concentration probably assist in the absorption, the
9:23:44AM French documented that they helped the absorption of vitamin
9:23:49AM C, of which there's plenty now in the foods.
9:23:52AM But the thing is, and then they showed that bioflavonoids by
9:23:57AM themselves do not do anything.
9:23:58AM So there's a cofactor, relationship there, so it's like a
9:24:01AM second reading on Linus Pauling, Stafford's Linus Pauling, I
9:24:05AM saw him once there sitting at the student union.
9:24:08AM But anyway -- well, I got so far.
9:24:11AM But I'll pick up on that.
9:24:12AM Anyway, this man --
9:24:14AM >>CHARLIE MIRANDA: Thank you very much.
9:24:14AM Thank you very much.
9:24:15AM Next please?
9:24:16AM >>CHARLIE MIRANDA: I think in this country, if you didn't
9:24:19AM get anything to eat for three years, you'd still be
9:24:22AM overweight.
9:24:23AM >> I have something to say about that.
9:24:24AM >>CHARLIE MIRANDA: I was just making a statement.
9:24:26AM Next?
9:24:28AM >> Good morning.
9:24:29AM Item 66, Linda Patten, 3415 West Ellicott Street.
9:24:38AM >>CHARLIE MIRANDA: 66, that's a public hearing at 9:30.
9:24:45AM >>CHARLIE MIRANDA: I'm sorry, 66 is set for a public
9:24:47AM hearing.
9:24:48AM It's got to be heard after 9:30.
9:24:50AM >> My apologies.
9:24:52AM >>CHARLIE MIRANDA: No, my apologies.
9:24:53AM I appreciate it very much.
9:24:54AM Next, sir?
9:24:59AM >> Chip Thomas, 1219 East Henry Avenue, two issues I want to
9:25:03AM address.
9:25:04AM Number one, what could be considered the invasive species of
9:25:07AM retail.
9:25:09AM And here's a little diagram.
9:25:19AM Family dollar, if I can say that, their web site.
9:25:22AM And that's how many locations they have in the area.
9:25:26AM Some of those are in the county, but the majority are in
9:25:29AM city limits.
9:25:30AM And how many more do we want?
9:25:35AM They have blanketed this city.
9:25:38AM And then there's dollar general, the Dollar Store.
9:25:40AM And there's some other ones.
9:25:42AM I think we're going to have a tough time, once they're
9:25:46AM there, they're probably going to stay.
9:25:48AM And there was a story recently about how Orlando was
9:25:52AM considered more authentic than Tampa and of course people in
9:25:55AM Tampa got all offended about that.
9:25:57AM I can see every one of these dots, every additional one
9:26:01AM diminishes the authenticity of an area.
9:26:04AM And you might say well there's nothing in the law or in code
9:26:07AM that allows us to prevent them from building stores when
9:26:10AM they acquire the property.
9:26:11AM Well, it's our city, let's change the law.
9:26:15AM Let's create a code that prevents any, any business from
9:26:18AM opening multiple stores within, you know, two miles of each
9:26:21AM other or something to that effect.
9:26:23AM I think we can do that.
9:26:26AM And the longer we wait, the worse this plague is going to
9:26:30AM get.
9:26:30AM Issue number two is that, talk about the budget soon,
9:26:35AM there's a budget shortfall again.
9:26:37AM Solid waste apparently is in financial Dyer straits.
9:26:41AM Why are we still picking up of residential waste twice a
9:26:45AM week?
9:26:47AM Come on one day and three days later they come again.
9:26:51AM Rampant consumerism is on sabbatical if not completely dead.
9:26:55AM So, amount of waste that people are creating is way down
9:26:58AM from six years ago.
9:26:59AM We have full size recycling bins and the amount of materials
9:27:03AM that can be recycled is pretty long.
9:27:05AM There just isn't that much to throw away.
9:27:07AM And those bins, a family of six I doubt fills up a bin in a
9:27:12AM week.
9:27:13AM And I can tell you from experience, last year, there's three
9:27:16AM of us in my household.
9:27:17AM Five times I put that thing out.
9:27:19AM That's how long it took to get filled.
9:27:22AM And the stink factor is not that big of an issue.
9:27:27AM It's got a lid.
9:27:28AM There's a in be of hot weather southern cities, including
9:27:31AM Tallahassee and Austin that have for many years been once a
9:27:34AM week pickup.
9:27:35AM Seems like a no-brainer way to save maybe just a little bit
9:27:40AM of money.
9:27:40AM In the meantime, to make it worse, if you walk or ride
9:27:43AM around Tampa at all, you know how dirty our streets are.
9:27:47AM And so, we're picking up garbage twice a week, way too much.
9:27:53AM In the meantime, the streets are really dirty and I think
9:27:56AM it's a bad reflection of the town and we should use our
9:27:59AM resources a little better and spend more time picking up
9:28:01AM roadside waste.
9:28:03AM Thank you.
9:28:03AM >>CHARLIE MIRANDA: Ms. Capin?
9:28:05AM >>YVONNE CAPIN: Please stay up there, sir.
9:28:06AM Could you come back?
9:28:07AM Would you put that sheet of the retail stores you had back
9:28:12AM on the overhead?
9:28:13AM It's upside down.
9:28:17AM I want to get the gist of it.
9:28:20AM Okay, this is one of the conglomerates, the family dollar
9:28:27AM story.
9:28:28AM The Dollar Store, the dollar general.
9:28:30AM Many people are not aware of this one of the reasons that
9:28:32AM these are so prevalent is because these are, many of these,
9:28:41AM many, many of these are funded by private EB-5 regional
9:28:46AM centers.
9:28:47AM Which is directed foreign investment.
9:28:49AM Because they cost about a million dollars each.
9:28:51AM Many people don't know this.
9:28:53AM But it is a formula that the private EB-5 centers use.
9:28:57AM And this is one of the issues that I brought up here at City
9:29:01AM Council that maybe our city could direct those EB-5 dollars
9:29:05AM coming in to our city, that the Mayor and his economic
9:29:09AM development McDonaugh are so proud of.
9:29:13AM That's why we have these here.
9:29:16AM If we had the numbers, and that's what I've been trying to
9:29:21AM find out, is, how many of these are funded by direct foreign
9:29:25AM investment, that's EB-5 dollars.
9:29:28AM They cost about a million dollars each to set up.
9:29:31AM There are ten jobs for sure, which is, that's a federal
9:29:35AM program that is, that is a requirement.
9:29:40AM So, when we look at, and we're all up in arms about direct
9:29:46AM foreign investment, and why the city should not be part of
9:29:51AM this, look at that.
9:29:53AM Thank you.
9:29:55AM If you don't know what an EB-5 center is, I'll be glad to
9:30:00AM meet with you and tell you.
9:30:01AM >>CHARLIE MIRANDA: Thank you very much.
9:30:01AM Next please?
9:30:06AM >> Good morning, my name is Nick Diorio, 4732 East
9:30:11AM Linebaugh.
9:30:12AM Tampa, Florida, 33617.
9:30:14AM I'm here regarding actually guy talked about it already,
9:30:19AM lack of code enforcement.
9:30:21AM It's relative to client of mine's property.
9:30:23AM He owns about six of them in the City of Tampa.
9:30:26AM They're all subject to, whether it's Tampa housing authority
9:30:29AM inspection or city inspection, because of rental properties.
9:30:33AM I want to put up one of these pictures.
9:30:35AM That's one of his properties.
9:30:43AM As you can see, it's a very nice, very well maintained
9:30:47AM property.
9:30:48AM Right next door, this is the lot that is right next door.
9:30:58AM I've sent in a letter to code enforcement on the fourth of
9:31:01AM June, of course it took about six weeks till those weeds got
9:31:05AM high enough for me to be able to do that.
9:31:07AM And at this point, I know it takes close to three months
9:31:10AM before that will ever happen, even if the person does
9:31:13AM respond to a court hearing.
9:31:15AM So, at the end of that, it's going to be probably September.
9:31:20AM It gets cut.
9:31:21AM Okay.
9:31:22AM Wintertime comes and I have to start this process all over
9:31:24AM again.
9:31:25AM Here's to show you exactly how high those weeds are.
9:31:33AM They're as high as the fence that divides the property.
9:31:36AM So two things I'd like to know is, one, can I somehow get
9:31:40AM this process sped up?
9:31:41AM And two, if I can't, once get it cut, once it is cut, am I
9:31:47AM able to have somebody at our expense go on to that property
9:31:50AM and maintain it?
9:31:51AM Just so I don't have the problem with, you know, the snakes,
9:31:56AM the bugs and of course the tenant next door.
9:31:59AM That's all I have to say.
9:32:03AM I'm just looking for some type of solution.
9:32:05AM >>CHARLIE MIRANDA: Thank you very much.
9:32:06AM I can tell you that we have been looking at code enforcement
9:32:09AM and making some changes regarding -- I'm just making a
9:32:12AM statement -- regarding transferring some of the
9:32:14AM responsibilities from that chapter to another chapter to
9:32:17AM have exactly what you spoke about.
9:32:19AM That will be coming out end of August, first part of
9:32:24AM September.
9:32:25AM Second had I what you spoke about, that not in your case,
9:32:28AM but any case, no one has the right to go into somebody
9:32:31AM else's property and do anything.
9:32:32AM So I'm just letting you know, my opinion.
9:32:36AM --
9:32:36AM >> I understand.
9:32:37AM >>CHARLIE MIRANDA: I understand what you're talking about.
9:32:39AM Ms. Mulhern?
9:32:41AM >>MARY MULHERN: Yes, I was just going to say.
9:32:42AM You could talk to my aide, call my office and we can look
9:32:46AM into the particulars of those properties.
9:32:50AM >> All right.
9:32:51AM Thank you.
9:32:52AM >>MARY MULHERN: See if we can help.
9:32:54AM >>CHARLIE MIRANDA: Next please?
9:32:57AM >> Good morning, Council.
9:32:59AM Myron Griffin, 1010 east Clifton street, Seminole Heights.
9:33:02AM And forgive me, I've been browsing as fast as I can, but I
9:33:06AM think there was originally going to be a consideration on
9:33:09AM the Council for Walmart.
9:33:10AM Has that been moved to a differ day?
9:33:12AM Or is that a nonpublic comment issue on today's.
9:33:17AM >>CHARLIE MIRANDA: I don't know of any today.
9:33:20AM There are so many Walmarts, Kmarts.
9:33:26AM >> This is discussing the new Walmart proposed at the corner
9:33:30AM of 19th and Hillsborough Avenue.
9:33:31AM [Inaudible]
9:33:36AM >> It is not today.
9:33:37AM Forgive me then.
9:33:39AM >>CHARLIE MIRANDA: All right.
9:33:40AM Thank you very much.
9:33:40AM Okay.
9:33:41AM Anyone else?
9:33:44AM All right.
9:33:46AM Public comments is completed.
9:33:48AM We go to request by anyone in the audience for any past
9:33:51AM legislative matters that this Council passed in the previous
9:33:54AM meeting couple weeks ago.
9:33:56AM Anyone to discuss that at all?
9:33:57AM I see no one.
9:33:58AM We go to committee reports.
9:34:01AM Consent agenda.
9:34:02AM Number one is public safety, Mr. Frank Reddick.
9:34:06AM >>FRANK REDDICK: Thank you, Mr. Chair.
9:34:07AM Move items 1 through 8.
9:34:12AM >>CHARLIE MIRANDA: 7, someone talked about that.
9:34:14AM That all right.
9:34:16AM >>MARY MULHERN: I'm fine.
9:34:16AM >>CHARLIE MIRANDA: So 1 through 8 is fine.
9:34:18AM Motion by Mr. Reddick, have a second I believe by Mr. Cohen.
9:34:22AM All in favor of the motion, please indicate by saying aye.
9:34:23AM Opposed nay.
9:34:25AM The ayes have it unanimously.
9:34:26AM We go to parks, recreation, Ms. Mary Mulhern.
9:34:33AM >>MARY MULHERN: Thank you Mr. Chairman.
9:34:34AM I move items 9 through 13.
9:34:37AM >> Second.
9:34:37AM >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern, second by
9:34:40AM Mr. Reddick.
9:34:41AM Further discussion by Councilmembers?
9:34:42AM All in favor of the motion, please indicate by saying aye.
9:34:43AM Opposed nay.
9:34:44AM The ayes have it unanimously.
9:34:45AM Public works committee chair, Mr. Mike Suarez.
9:34:49AM >>MIKE SUAREZ: Thank you, chair.
9:34:50AM I move items 14 through 19, 20 has been removed and 21
9:34:56AM through 29.
9:35:00AM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, I have a
9:35:02AM second by Mr. Cohen.
9:35:03AM Further discussion by Councilmembers?
9:35:04AM All in favor of the motion, please indicate by saying aye.
9:35:06AM Opposed nay.
9:35:08AM The ayes have it unanimously.
9:35:08AM Finance committee chair, Mr. Harry Cohen.
9:35:13AM >>HARRY COHEN: Thank you, move items 30 through 38.
9:35:15AM >> Second.
9:35:16AM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
9:35:19AM two individuals, give it Mr. Reddick, I believe.
9:35:22AM All in favor of that motion, please indicate by saying aye.
9:35:24AM Opposed nay.
9:35:25AM The ayes have it unanimously.
9:35:26AM Building, zoning and preservation committee chair,
9:35:29AM Ms. Montelione.
9:35:33AM >>LISA MONTELIONE: Thank you, Mr. Chair.
9:35:34AM I move items 39 through 51.
9:35:36AM I would like to highlight number 51, which is our 2014, one
9:35:41AM year action plan, which includes funding for homeless
9:35:46AM services, which we'll be talking about later on today.
9:35:49AM >> Second.
9:35:50AM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second
9:35:52AM by Ms. Mulhern.
9:35:53AM Further discussion by Councilmembers?
9:35:54AM All in favor of the motion, please indicate by saying aye.
9:35:56AM Opposed nay.
9:35:57AM The ayes have it unanimously.
9:35:58AM Transportation committee chair, Ms. Yvonne Yolie Capin.
9:36:04AM >>YVONNE CAPIN: I move items 53 through 56.
9:36:06AM And 52, I still have not received an answer.
9:36:12AM I did talk to Mr. Irvin Lee and he said that this would be a
9:36:21AM matter of the finance budget department.
9:36:25AM And what I'm trying to figure out here, we have
9:36:28AM $1.6 million.
9:36:30AM And it says it's coming from either additional revenue or
9:36:33AM unappropriated surplus or funds previously appropriated,
9:36:37AM which nor longer needed for their original purpose, or, and
9:36:42AM are available for transfer.
9:36:43AM So I was trying to figure out how is this put together?
9:36:46AM Was it, are we adding new revenue?
9:36:49AM Is it appropriated from surplus?
9:36:52AM And what surplus?
9:36:53AM And also, where was appropriated and it's no longer needed
9:36:59AM for its original purpose.
9:37:00AM And I have not gotten that answer.
9:37:02AM >>CHARLIE MIRANDA: All right.
9:37:03AM So you move 53 through 56.
9:37:05AM You want to hold 52 if you do get the answer.
9:37:10AM >>YVONNE CAPIN: Yes.
9:37:11AM >>CHARLIE MIRANDA: Have a motion by Ms. Capin, seconded by
9:37:14AM Cohen.
9:37:15AM 53 through 56. Holding 52.
9:37:17AM All in favor of that motion, please indicate by saying aye.
9:37:19AM Opposed nay.
9:37:22AM The ayes have it unanimously.
9:37:23AM Let me just correct, been handed a memo, item number 20, I
9:37:29AM need a motion to bring that item back in two weeks.
9:37:31AM >> So moved.
9:37:32AM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
9:37:33AM Ms. Montelione.
9:37:34AM Item number 20.
9:37:35AM All in favor of the motion, please indicate by saying aye.
9:37:37AM Opposed nay.
9:37:38AM The ayes have it unanimously.
9:37:38AM I'm going to go now into the public hearing for 9:30.
9:37:42AM But before I do that, I'm honored to have someone here with
9:37:46AM some students from the Hillsborough Education Foundation,
9:37:50AM Ms. Lindsey Ortega.
9:37:52AM I believe she has some students with citizens training to
9:37:55AM make better citizens and maybe outstanding elected officials
9:37:58AM one day.
9:37:58AM So I'd like them to stand up and be recognized, we can do
9:38:02AM that.
9:38:03AM If Ms. Ortega would like to say a couple words, she's
9:38:06AM entitled to two minutes.
9:38:11AM >> I'd just like to say thank you very much for having us
9:38:14AM here.
9:38:14AM Members that I have with me, are AmeriCorps members at the
9:38:20AM Hillsborough Education Foundation.
9:38:23AM Completing their year of service on the 31st.
9:38:25AM So they have about two weeks left.
9:38:28AM They've been serving in the Hillsborough County public
9:38:30AM schools, providing one-on-one mentoring for students and
9:38:33AM also helping out at the YMCA in Sulphur Springs.
9:38:36AM And as part of their year of service, they need to do a
9:38:41AM citizenship training.
9:38:42AM We are lucky enough to be able to attend this meeting today
9:38:44AM to fulfill that requirement.
9:38:46AM So thank you very much for having us.
9:38:47AM >>CHARLIE MIRANDA: We're very honored that you're here and
9:38:49AM your students.
9:38:50AM Good luck.
9:38:51AM Ms. Mulhern?
9:38:53AM [ Applause ]
9:38:58AM >>MARY MULHERN: I just want to say thank you to the
9:39:00AM AmeriCorps volunteers for what you do.
9:39:02AM That's great.
9:39:04AM I have nieces who are doing the same thing in other cities.
9:39:09AM >>CHARLIE MIRANDA: Thank you very much.
9:39:09AM We go to 9:30 public hearings.
9:39:12AM These are public hearings set for second reading and
9:39:16AM proposed ordinance, which are items 57 through 63.
9:39:20AM These are nonjudicial proceedings at this time.
9:39:23AM Any items that have been received through any elected
9:39:26AM official or other means like the clerk's office, 57 through
9:39:31AM 63, let's make a motion to receive and file them.
9:39:35AM Motion by Ms. Montelione, second by Mr. Reddick all in favor
9:39:38AM of the motion, please indicate by saying aye.
9:39:39AM Opposed nay.
9:39:40AM The ayes have it unanimously.
9:39:41AM Need a motion to open 57 through 63.
9:39:43AM >> So moved.
9:39:44AM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
9:39:46AM Mr. Suarez.
9:39:47AM All in favor of that motion, please indicate by saying aye.
9:39:48AM Opposed nay.
9:39:50AM The ayes have it unanimously.
9:39:51AM Items 57 through 63 is now open.
9:39:54AM 57 is a substitute ordinance.
9:39:59AM >> Thank you.
9:40:00AM Rebecca Kert, legal department.
9:40:02AM Item 57 is an ordinance being presented for second reading
9:40:06AM and I adoption relating to prohibiting excessive noise.
9:40:09AM As you will recall, we are adding a prohibition on excessive
9:40:12AM noise that's plainly audible from a hundred feet.
9:40:14AM The only change between the first and second reading, as I
9:40:17AM told you at the first reading, was I originally proposed a
9:40:20AM change to how we measure the decibel levels.
9:40:22AM Based upon the fact we have cases pending and speaking to
9:40:25AM our municipal prosecutor, we believe it's best to see how
9:40:27AM those cases play out before we make any changes.
9:40:30AM So that's the only difference between first and second
9:40:32AM reading.
9:40:32AM I'm available if there are questions.
9:40:33AM >>CHARLIE MIRANDA: Thank you, Ms. Montelione?
9:40:36AM >>LISA MONTELIONE: Hi, Miss Kert.
9:40:37AM Could you discuss, because what's of interest to me, is the
9:40:42AM prosecution penalties for violation of this noise ordinance.
9:40:46AM >>REBECCA KERT: Yes, this ordinance will be enforced
9:40:50AM pursuant to 23.5, which is your section that regulates civil
9:40:54AM citations.
9:40:55AM And if you approve a subsequent ordinance today, amending
9:40:58AM 23.5, this will be a level two, which it's punishable, the
9:41:03AM original citation, the fine is $150, $300 and eventually
9:41:07AM $450 for a third and subsequent violation.
9:41:09AM >>LISA MONTELIONE: Is that in line with the noise ordinance
9:41:11AM we passed for noise emanating from motor vehicles?
9:41:15AM >>REBECCA KERT: They are both level twos, yes.
9:41:18AM >>LISA MONTELIONE: Okay, thank you.
9:41:19AM >>CHARLIE MIRANDA: Okay.
9:41:20AM These ordinances are public hearings.
9:41:25AM Anyone can speak on them.
9:41:26AM I know they had some citizens who came up, wanted to speak
9:41:30AM on ordinances.
9:41:31AM I don't remember all the numbers of them.
9:41:32AM But if one was 57, this is the time.
9:41:37AM We'll have the ordinance read.
9:41:39AM And then take comments from the public.
9:41:42AM The city attorney just spoke.
9:41:45AM One assistant city attorney.
9:41:47AM Anyone in the audience care to speak on item number 57?
9:41:51AM Please come forward.
9:41:56AM >> Move to close.
9:41:58AM >>CHARLIE MIRANDA: Have a motion to close by Mr. Red kick,
9:42:00AM second by Mr. Cohen.
9:42:01AM All in favor of the motion, please indicate by saying aye.
9:42:03AM Opposed nay.
9:42:04AM The ayes have it unanimously.
9:42:06AM I usually go back and give them back to the original maker
9:42:09AM of the first ordinance, Ms. Mulhern.
9:42:11AM You read this one.
9:42:12AM It's yours.
9:42:13AM >>MARY MULHERN: Thank you, Mr. Chairman.
9:42:14AM I move an ordinance of the City of Tampa, Florida, relating
9:42:18AM to prohibiting excessive noise, making revisions to City of
9:42:21AM Tampa code of ordinances, chapter 14, offenses, amending
9:42:25AM section 14-151 excessive noise prohibited repealing all
9:42:32AM ordinances or parts of ordinances in conflict therewith;
9:42:34AM providing for severability; providing an effective date.
9:42:36AM >>CHARLIE MIRANDA: All right.
9:42:37AM Please say one word, substitute ordinance.
9:42:40AM >>MARY MULHERN: This is the substitute ordinance.
9:42:43AM >> Second.
9:42:43AM >>CHARLIE MIRANDA: Thank you very much.
9:42:44AM I have a motion made by Ms. Mulhern, second by Mr. Reddick.
9:42:48AM This is a roll call vote.
9:42:50AM Vote and record.
9:42:57AM >>THE CLERK: Motion carried unanimously.
9:43:01AM >>CHARLIE MIRANDA: Thank you very much.
9:43:02AM Okay, we go to the 58, ordinance 58.
9:43:07AM Anyone in the city present this morning, who care to speak
9:43:13AM on item 58?
9:43:14AM Yes, ma'am.
9:43:15AM >>REBECCA KERT: Thank you.
9:43:16AM This is an ordinance being presented for second reading
9:43:19AM relating to alcohol in your city parks.
9:43:21AM Your code contains a list of specific parks where people
9:43:24AM can, non-profit groups can apply to have a temporary alcohol
9:43:30AM permit.
9:43:30AM During recodification, three parks were inadvertently
9:43:34AM dropped from the list.
9:43:35AM This adds those.
9:43:36AM I'm available if any questions.
9:43:37AM >>CHARLIE MIRANDA: Any questions from Councilmembers at this
9:43:40AM time?
9:43:40AM Anyone in the public care to speak on item 58, please come
9:43:44AM forward.
9:43:45AM I see no one.
9:43:47AM >> Move to close.
9:43:48AM >>CHARLIE MIRANDA: Motion to close by Mr. Suarez, second by
9:43:51AM Mr. Reddick at this time.
9:43:52AM All in favor of the motion, please indicate by saying aye.
9:43:53AM Opposed nay.
9:43:55AM The ayes have it unanimously.
9:43:56AM Ms. Capin, would you kindly take number 58?
9:44:00AM Substitution ordinance.
9:44:02AM >>YVONNE CAPIN: Thank you.
9:44:03AM An ordinance of the City of Tampa, Florida, making revisions
9:44:06AM to the City of Tampa code of ordinances, chapter 14,
9:44:08AM offenses, amending sections 14-150.1.3, possession,
9:44:15AM consumption on property operated or supervised by the parks
9:44:19AM and recreation department, temporary alcohol beverage
9:44:23AM special use permits granted for public area facility or
9:44:26AM property operated or supervised by the parks and recreation
9:44:30AM department:repealing all ordinances or parts of ordinances
9:44:32AM in conflict therewith; providing for severability; providing
9:44:36AM an effective date.
9:44:38AM >> Second.
9:44:38AM >>I have a motion bring Capin, second by Mr. Suarez.
9:44:41AM Further discussion by Councilmembers?
9:44:43AM All in favor of the motion, please indicate by saying aye.
9:44:44AM Opposed nay.
9:44:45AM The ayes have it unanimously.
9:44:47AM Thank you very much.
9:44:48AM Okay.
9:44:49AM Item number 59.
9:44:53AM >>CHARLIE MIRANDA: Roll call.
9:44:54AM Vote and record.
9:44:57AM >>THE CLERK: Motion carried unanimously.
9:45:05AM >>CHARLIE MIRANDA: Item 59, yes, ma'am?
9:45:12AM >>REBECCA KERT: I am here for an ordinance being presented
9:45:14AM for second reading, modifying portions of chapter 14 dealing
9:45:20AM with solicitation.
9:45:22AM I have made all the changes as directed by City Council
9:45:24AM between first and second reading.
9:45:26AM In short, this ordinance will create certain areas of the
9:45:29AM city where no solicitation is permitted.
9:45:33AM That is downtown Ybor area, bus stops or transit stops,
9:45:39AM sidewalk cafes or area within 15 feet of any direction of
9:45:42AM ATM or entrance to a financial institution.
9:45:44AM And the area is the same as it was previously, the
9:45:48AM prohibited area generally, except that city council had
9:45:51AM directed that the eastern boundary be extended from 22nd
9:45:55AM Street to 26th street and so we have made that change.
9:46:01AM I'm available if there are any questions.
9:46:02AM >>CHARLIE MIRANDA: Any questions at this time?
9:46:04AM Thank you very much.
9:46:04AM This is a public hearing.
9:46:06AM Anyone in this audience care to speak on this item?
9:46:09AM Number 59, please come forward.
9:46:15AM >> Good morning.
9:46:15AM My name is Stewart Hartman and I am homeless.
9:46:18AM I don't panhandle per se.
9:46:22AM I sit in front of CVS every day.
9:46:24AM I don't have people for money.
9:46:26AM I tell people good morning.
9:46:27AM I have conversations with people.
9:46:30AM The aggressive panhandling that you all are against, I am
9:46:35AM also against.
9:46:35AM I don't believe in chasing money.
9:46:38AM I figure if I can't sit there and look like I need it, then
9:46:43AM I don't need it.
9:46:45AM I see it every day, people running up to people, hey, give
9:46:50AM me 50 cents, giver me 50 cents.
9:46:53AM No, I don't agree with that either.
9:46:55AM But as far as me sitting in a public property, 25 feet from
9:47:01AM a door of any business, not asking people for money, just
9:47:05AM greeting people each morning, I don't want to fall in the
9:47:11AM category of a panhandler.
9:47:13AM Is all I guess I'm more or less speaking for myself.
9:47:17AM I guess that's it.
9:47:21AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:47:22AM Next please?
9:47:36AM >> Speaker waiver form, Mr. Chair.
9:47:40AM Troy cleft, are you present?
9:47:41AM One extra minute, please.
9:47:45AM >> Good morning, my name is Don rode.
9:47:47AM Office 412 Madison street.
9:47:50AM In reference to the ordinance, both as it's been submitted
9:47:55AM and then subsequently amended, I'm in favor of a ban on all
9:47:59AM panhandling.
9:48:00AM I think as I've said before here, that all that is immoral.
9:48:04AM Proceeds are ill got.
9:48:05AM This ordinance is a bad ordinance.
9:48:08AM I'd just like to run down some of the reasons why that it
9:48:11AM needs to be clarified so that a potential law breaker, a
9:48:15AM panhandler has notice of what they're doing wrong, and its
9:48:21AM potential victim has notice of what the bad guy is doing to
9:48:24AM him.
9:48:24AM Okay?
9:48:25AM Starting with, this is what will become or already is
9:48:30AM section 14.46 B.
9:48:33AM You have this area called the downtown Ybor prohibited zone.
9:48:37AM Because the ordinance defines and prohibits solicitation and
9:48:43AM makes no exception within that ordinance, other than for
9:48:47AM somebody that Merrill holds a sign, and the sign holding
9:48:51AM thing is a problem too.
9:48:51AM But setting that aside for a moment, this microphone and
9:48:57AM this building sit within the zone.
9:49:00AM There is a lot of soliciting that goes on at this microphone
9:49:03AM when you look at the desks of soliciting in this ordinance.
9:49:07AM This microphone is where a lot of people come to get money
9:49:12AM for themselves or for others.
9:49:15AM There's no provision varied for soliciting at the
9:49:20AM microphone.
9:49:20AM The map that delineates the zone doesn't appear to be a
9:49:24AM proper map in the sense that it really all it does is tell a
9:49:28AM person where the Hillsborough river is located and the path
9:49:30AM that it takes through downtown.
9:49:32AM If you look at that map, the boundaries, the specific
9:49:35AM boundaries of the prohibited zone are not delineated or
9:49:41AM defined on the map.
9:49:42AM Meaning again, a person who, like moles of us, who maybe own
9:49:48AM a piece of property that has a metes and bounds description,
9:49:52AM it's rather unintelligible to just have a bunch of
9:49:55AM proceeding from this point to this point to this point to
9:49:58AM this point -- it's not something that a common person would
9:50:02AM have any idea of where the boundary zone lines are.
9:50:05AM That map should really include some definition.
9:50:09AM It includes none.
9:50:10AM You might remember from the clean zone days around the
9:50:13AM convention ordinance, the first three blocks of Harbor
9:50:16AM Island and so forth, at some point I think you guys actually
9:50:19AM had a clean map and at some point before that, the map was
9:50:22AM objected to as not being a good copy of what needs to put a
9:50:27AM person again on notice so that they don't violate the law.
9:50:30AM Then if you look at the bus trolley provision.
9:50:35AM The ban there is in, on or at.
9:50:39AM There's no halo or safe zone around the bus stop or trolley
9:50:46AM stop.
9:50:46AM Meaning that a person could stand right beside the trolley
9:50:50AM stop and panhandle.
9:50:52AM Somebody approaching or somebody leaving.
9:50:56AM Sidewalk cafes are essentially the same.
9:51:00AM Now, recently, the ATM bank provision got amended to include
9:51:06AM I thought a credit union.
9:51:07AM Now a financial institution.
9:51:10AM Financial institution is not defined anywhere.
9:51:12AM Does it mean Amscot?
9:51:14AM Should a person be protected any less coming out of an
9:51:17AM Amscot than they would be coming out of a bank?
9:51:19AM Statements an Amscot is more of a financial institute than
9:51:22AM any bank is.
9:51:23AM Then going to -- I'm only naming a future of defects that I
9:51:30AM located in this thing.
9:51:31AM Then going to the idea of a complete exemption for a sign
9:51:35AM holder.
9:51:35AM If I'm holding a sign and someone approaches me and engages
9:51:41AM me in discussion about my sign, do I have to (mumbling) or
9:51:45AM am I allowed to speak to them?
9:51:48AM Statute is very unclear.
9:51:49AM And these are only a few points.
9:51:51AM Thank you.
9:51:51AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:51:54AM Next please?
9:51:58AM >> Good morning.
9:51:58AM I'm Mike Doyle.
9:52:00AM 6005 north ninth street, Tampa, Florida.
9:52:03AM I'm a 20 year Tampa residents and a member of downtown
9:52:10AM sacred heart church, saint Vincent DePaul society.
9:52:13AM In that role I work in the trenches daily with our homeless
9:52:17AM and near homeless neighbors.
9:52:18AM And my comments will reference and I offer the following
9:52:23AM observations.
9:52:23AM Number one, efforts obtained at imposing control rather than
9:52:28AM exploring long-term solutions to any issue that you face are
9:52:32AM likely a waste of time.
9:52:34AM Homelessness and near homelessness are merely symptoms of a
9:52:39AM bigger issue.
9:52:40AM That issue is justice.
9:52:43AM Second, community transformation experts will suggest
9:52:46AM resisting the natural tendency to look to controls versus
9:52:53AM resorting back to the mission that you deliver for all
9:52:56AM citizens.
9:52:57AM Including the homeless and near homeless.
9:52:59AM Three, if not in line, if these ordinances are not in line,
9:53:04AM what actions do you need to take as a Council?
9:53:06AM To include versus isolate those struggling with
9:53:10AM homelessness.
9:53:11AM And allow them to share as beneficiaries in the city's
9:53:14AM mission.
9:53:15AM Fourth, our Tampa agency community has generously delivered
9:53:21AM charities to those struggling with homelessness.
9:53:23AM However, these people deserve justice.
9:53:25AM Including respect and very, very basic dignity that only our
9:53:31AM city and county officials can provide.
9:53:33AM Can we make life any more miserable for our Tampa neighbors
9:53:36AM that are homeless?
9:53:37AM Yes, your proposed ordinance certainly contributes to that.
9:53:41AM For neighbors that are homeless.
9:53:43AM And not the only ones to feel the impact of the short sided
9:53:49AM ordinances the entire agency community are directly impacted
9:53:53AM by your enforcements of those ordinances.
9:53:56AM Agencies are -- our neighbors in Pinellas County offer two
9:54:02AM better practice models of charity and justice for our
9:54:06AM collected consideration and discussion leading to a broader
9:54:09AM strategy.
9:54:11AM Pinellas safe harbor, sheriff's department, public model and
9:54:15AM Pinellas hope, a Catholic charities private model that we
9:54:20AM have explored before without success.
9:54:22AM Working for justice is messier and far less rewarding than
9:54:28AM charity.
9:54:28AM There are no quick fixes.
9:54:31AM And the most common reason for quitting is discouragement.
9:54:35AM To report a recent Tampa Bay Times editorial, your task as
9:54:40AM Councilmembers, you search for common ground and broad
9:54:43AM strategy that passes legal muster and have a chance of
9:54:46AM working.
9:54:47AM In the end, your deliberations, actions and ordinances, if
9:54:52AM any, ideally reflect what is fair and just for all citizens
9:54:56AM of Tampa, both current and future.
9:54:58AM Including those with no voice and declining options to be
9:55:03AM part of their chosen community.
9:55:04AM Thank you.
9:55:05AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:55:06AM Next please?
9:55:08AM [ Applause ]
9:55:11AM >> Thank you, Mr. Chairman, thank you Councilmembers.
9:55:14AM My name is Jeff Zampitella.
9:55:16AM At 777 North Ashley Drive.
9:55:18AM Otherwise known as SkyPoint.
9:55:21AM I come here today, I'm the president of the board at the
9:55:25AM condo.
9:55:26AM And we are in favor of you passing this ordinance.
9:55:30AM We have 761 registered residents in our building.
9:55:34AM And one of the biggest complaints that we hear over and over
9:55:38AM as to why our residents are not patronizing the Franklin
9:55:44AM retail and other surrounding businesses are because of the
9:55:48AM homeless in the area and the aggressive homeless.
9:55:52AM So for that reason, we ask that you do pass this ordinance
9:55:56AM and we're strongly in favor.
9:55:58AM Thank you.
9:55:58AM >>CHARLIE MIRANDA: Thank you very much.
9:55:59AM Next please?
9:56:04AM >> Good morning.
9:56:05AM My name is Christina Dougherty.
9:56:07AM I'm a licensed clinical social worker.
9:56:10AM And I've worked in the areas of mental health, homelessness
9:56:13AM and substance abuse in Tampa for the last 13 years.
9:56:17AM I would just like to say I'm supporting this ordinance
9:56:22AM regarding solicitation.
9:56:24AM I do believe that there are adequate resources at the time,
9:56:29AM at this time for people to get things that they are needing
9:56:33AM regarding food and other necessary resources.
9:56:40AM I just believe that, that the Tampa PD are knowledgeable
9:56:45AM about these resources and can help these people get to some
9:56:49AM of these resources, such as food pantries, Metropolitan
9:56:52AM Ministries.
9:56:53AM There's various churches and organizations that would
9:56:58AM welcome these people and are willing to help these people if
9:57:01AM they can be directed to those places.
9:57:03AM I've actually spent a lot of time in the parks and talking
9:57:07AM to the homeless people regarding why they're there and I
9:57:11AM have offered food coupons.
9:57:13AM I've offered rides to detoxes and things other than giving
9:57:18AM them money.
9:57:19AM And many have refused.
9:57:20AM Most of them are interested in just receiving money for
9:57:25AM using it for their whatever purpose that they're wanting.
9:57:28AM So I believe that the issue is more than just asking for
9:57:32AM money.
9:57:33AM I think that the money many times, because these people are
9:57:37AM mentally ill or you know, substance, have substance abuse
9:57:42AM issues, are using it for that purpose rather than for the
9:57:45AM purposes, you know, that there are resources out there to
9:57:48AM help them.
9:57:50AM So, I'm a resident of Ridgewood Park at 2309 Ridgewood
9:57:55AM Avenue.
9:57:55AM And that's the area next to Tampa Heights.
9:57:59AM And we do have a lot of homeless in our area and are
9:58:02AM affected by that.
9:58:03AM And I noticed that the parks in Tampa Heights and in
9:58:07AM Ridgewood Park are not populated by people that, you know,
9:58:13AM just joggers or bicyclers or things like that, because there
9:58:17AM is such a large number of homeless people soliciting there.
9:58:20AM They are intimidated to go into those areas because of the
9:58:25AM aggressive panhandling that is there.
9:58:27AM So I'm just hoping that we have some tool to be able to move
9:58:30AM these people to get the resources that they really need.
9:58:35AM Thank you.
9:58:36AM >>CHARLIE MIRANDA: Thank you.
9:58:37AM Mr. Reddick in.
9:58:39AM >>FRANK REDDICK: Mr. Chair, I hold to the last speaker.
9:58:41AM >>CHARLIE MIRANDA: Next please?
9:58:42AM >> Good morning, Councilmember also.
9:58:44AM I'm sorry.
9:58:45AM I arrived late and haven't been sworn.
9:58:47AM >>CHARLIE MIRANDA: This is not -- this is nonjudicial.
9:58:52AM Downtown have to be sworn.
9:58:54AM >> Being late is tough.
9:58:54AM I'm Christine Burdick, and I reside at 721 South Fielding
9:58:57AM Avenue.
9:58:58AM I want to talk to you today as private citizen and from my
9:59:02AM own personal reference.
9:59:04AM I have been in town for 11 years and about 10 years ago,
9:59:08AM joined the board of the homeless coalition, the new homeless
9:59:11AM coalition at that time.
9:59:13AM Served there up until last year, seven years as a board
9:59:16AM member.
9:59:17AM And I joined a year ago, I joined the Salvation Army
9:59:21AM advisory board.
9:59:22AM So I am a person who has personally and voluntary basis as
9:59:27AM well associated with my profession, been involved and been
9:59:30AM an observer of the condition of homelessness in our city and
9:59:35AM also the various methods and means and people who have tried
9:59:39AM to address it.
9:59:40AM I want to encourage your careful consideration of the two
9:59:46AM ordinances that you are considering today on second reading.
9:59:49AM I have never seen in the 10 years reference that I have,
9:59:53AM more opportunity and collaboration that is happening today.
9:59:57AM And likewise, there is more of a problem than we have seen
10:00:02AM at many times in the last 10 years.
10:00:03AM Our police department, the sheriff's department are being,
10:00:07AM are going above and beyond their call of duty in being
10:00:11AM sensitive and doing outreach in the absence of many other
10:00:14AM agencies who in other cities do that.
10:00:17AM The homeless coalition has the leadership and has discovered
10:00:21AM many new programs and is trying, is very successfully today
10:00:26AM collaborating the various service providers, so they are
10:00:30AM working as a team.
10:00:32AM I also work for the downtown partnership and we have been
10:00:36AM part of a planning process inviting, involving the city
10:00:39AM legal department, the police department, the homeless
10:00:42AM coalition, and looking at some of the physical changes that
10:00:46AM can happen in the parks downtown and looking at the way as a
10:00:49AM team of people who are very interested and sympathetic to
10:00:54AM the issues of all the people who use downtown.
10:00:57AM But especially the opportunity for services that many people
10:01:00AM who congregate on the streets have not had an opportunity to
10:01:03AM know about or to avail themselves of.
10:01:06AM And so, I really think that the ordinance before you do not
10:01:10AM suggest as much a hammer approach as they do the sensitive
10:01:14AM and the collaborative opportunity of our community in order
10:01:17AM to really step up a level and really help people who need
10:01:21AM services.
10:01:22AM And give people who choose not to have services another
10:01:27AM option.
10:01:27AM Thank you.
10:01:28AM >>CHARLIE MIRANDA: Thank you very much.
10:01:28AM Next please?
10:01:35AM >> Susan Long, 920 Broad Street.
10:01:38AM One brief statement.
10:01:39AM If this is what you need here, that's what we need where we
10:01:42AM live.
10:01:43AM This should be for the whole city or for nobody.
10:01:46AM Why you think that we're happy with something that you're
10:01:49AM not happy with?
10:01:50AM That's my only statement.
10:01:54AM >>CHARLIE MIRANDA: Thank you very much.
10:01:54AM Anyone else who has not spoken?
10:01:58AM This is on item 59.
10:02:00AM Come forward.
10:02:06AM >> My name is Steve Sapp.
10:02:08AM 110 west Mohawk avenue.
10:02:10AM My main concern is actually 60 rather than 59.
10:02:17AM >> Some of it kind of blends together.
10:02:19AM I prepared mostly for 60, but always I seen today a lot
10:02:22AM seems to kind --
10:02:23AM >>CHARLIE MIRANDA: Well, we got to hear 60 before we speak
10:02:25AM on it.
10:02:26AM >> I understand.
10:02:27AM All kind of flows together here.
10:02:32AM You know, these folks that are panhandling, that are in
10:02:35AM these areas, there's 17,260 widespread homeless in the area.
10:02:44AM A lot of people say there's plenty of services that are out
10:02:47AM there for these folks to have.
10:02:48AM I agree there are some services.
10:02:50AM I find it hard to believe that 17,260 are referring the
10:02:54AM services.
10:02:56AM How the number doesn't really change from year to year.
10:02:59AM Seems like it only gets worst.
10:03:01AM So I'll save the remainder for the next item.
10:03:05AM But, that's what I have to say about that.
10:03:07AM >>CHARLIE MIRANDA: Thank you very much.
10:03:07AM Next please?
10:03:11AM >> Hello.
10:03:12AM My name is Eva and I just had a couple of words.
10:03:18AM >>CHARLIE MIRANDA: Last name?
10:03:19AM >> Eva Henry.
10:03:22AM >>CHARLIE MIRANDA: Thank you.
10:03:23AM >> Thank you.
10:03:23AM I understand why businesses might feel threatened by people
10:03:33AM panhandling in their establishments.
10:03:37AM And sometimes it might feel threatening and I understand
10:03:43AM that those establishments do need to be protected.
10:03:47AM And that if there is behavior which is threatening, that
10:03:52AM there needs to be addressed.
10:03:54AM However, I think that there may be solutions that are
10:04:01AM win-win solutions for both the establishments in question
10:04:06AM and those homeless people that are panhandling because they
10:04:12AM have no money, they have no place to stay.
10:04:16AM And it is a free country.
10:04:19AM And they have rights also.
10:04:22AM The question is, how not to impinge on others' rights in the
10:04:29AM process.
10:04:30AM I wanted to mainly share Matthew chapter 25, verse 35.
10:04:41AM I am sure many of you are familiar with the passage that
10:04:46AM says that Jesus was separating the sheep from the goats.
10:04:50AM And basically he said you were a goat because you didn't
10:05:02AM help me.
10:05:05AM You didn't feed me when I was hungry.
10:05:08AM You didn't give me a place to stay when I needed a place to
10:05:11AM stay.
10:05:11AM And they replied, well, when did we see you and not give you
10:05:19AM a place to stay when you were homeless?
10:05:21AM When did we see you hungry and not feed you?
10:05:25AM And it all talked about, when were you sick and in prison
10:05:29AM and we didn't visit you?
10:05:30AM And Jesus replied, whenever you did this to the least of
10:05:36AM these, my brethren, you did this to me.
10:05:39AM Or for me.
10:05:42AM And then, he says to the goats, those who didn't care depart
10:05:49AM from me and he sends them to hell.
10:05:52AM And I know that that's a little bit strong and a little bit
10:05:58AM harsh, but, the underlying point is that we don't want to
10:06:04AM lose sight of compassion for those that are the least among
10:06:10AM us.
10:06:11AM According to us.
10:06:12AM You know, we don't know who they may be according to God.
10:06:18AM >>CHARLIE MIRANDA: All right.
10:06:18AM Thank you very much.
10:06:18AM Appreciate it very much.
10:06:20AM [ Applause ]
10:06:21AM >>CHARLIE MIRANDA: Anyone else who has not spoken care to
10:06:23AM speak on item number 59?
10:06:25AM I see no one else.
10:06:28AM Need a motion to close.
10:06:31AM Motion by Ms. Montelione, second by Mr. Suarez.
10:06:33AM All in favor of the motion, please indicate by saying aye.
10:06:35AM Opposed nay.
10:06:36AM The ayes have it unanimously.
10:06:37AM On 59, this hearing is closed.
10:06:42AM Mr. Suarez, would you kindly take 59 please?
10:06:44AM >>MIKE SUAREZ: Thank you, chair.
10:06:45AM I present a substitute ordinance for second reading and
10:06:52AM adoption, ordinance of the City of Tampa, Florida, the
10:06:54AM making revisions to the City of Tampa code of ordinances,
10:06:57AM chapter 14, offenses, amending section 14-46, threatening,
10:07:02AM intimidating or harassing behavior for purposes of
10:07:05AM solicitation, repealing all ordinances or parts of
10:07:07AM ordinances in conflict therewith; providing for
10:07:09AM severability; providing an effective date.
10:07:13AM >>CHARLIE MIRANDA: This is second reading.
10:07:14AM Roll call vote.
10:07:15AM Vote -- I have a motion read by Mr. Suarez, second by
10:07:20AM Ms. Montelione.
10:07:21AM Roll call vote.
10:07:22AM Before we vote, Ms. Mulhern wants the floor.
10:07:24AM Ms. Mulhern?
10:07:25AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:07:26AM I just wanted to say that I'm not going to vote for this
10:07:29AM because I agree with some of the provisions ban
10:07:34AM aggressiveness, but I believe this also bans asking for,
10:07:39AM asking for help and I don't feel that we're at a point where
10:07:42AM we can criminalize asking for help on the streets.
10:07:48AM >>CHARLIE MIRANDA: Thank you.
10:07:52AM Roll call vote.
10:07:53AM Vote and record.
10:07:54AM >>THE CLERK: Motion carried with Mulhern voting no.
10:08:05AM >>CHARLIE MIRANDA: Thank you all very much.
10:08:06AM Item number 60.
10:08:13AM >>REBECCA KERT: Thank you.
10:08:14AM I am here for item 60 as well.
10:08:17AM Item 60 is an amendment to again chapter 14 of your code,
10:08:22AM regulating behavior in public spaces in particular.
10:08:26AM I have submitted a substitute ordinance to make the changes
10:08:29AM as requested by City Council between first and second
10:08:31AM reading.
10:08:32AM Including changing the number of times that the individual
10:08:42AM is transported to three times before there's a possibility
10:08:46AM of arrest.
10:08:47AM And to also make a provision that the region charge for
10:08:51AM storage will be waived if the person demonstrates that they
10:08:54AM do not have an ability to pay.
10:08:56AM I'm available for questions.
10:08:57AM >>CHARLIE MIRANDA: Ms. Montelione?
10:08:59AM >>LISA MONTELIONE: Thank you, Ms. Kert.
10:09:00AM I am supporting this ordinance.
10:09:04AM And I supported the previous ordinance.
10:09:06AM And the reasons why has been discussed on this Council the
10:09:12AM last time that we were here.
10:09:15AM But what I'm trying to do with the ordinance as presented is
10:09:18AM what I asked you to do is make it a little bit better.
10:09:20AM And I think the changes that we made to the storage
10:09:27AM provision and -- I'm still not happy with the three times.
10:09:30AM But I'll take what I can get.
10:09:33AM I would like that provision to be removed completely because
10:09:36AM it takes a lot of trust building and it takes a lot of
10:09:42AM interaction before you can help someone who has called the
10:09:46AM streets their home.
10:09:47AM And speaking of home, and a lot of discussion has occurred
10:09:54AM as to what the city is or is not doing.
10:09:56AM And I'm very glad to see Mr. Snelling and officer McDonald
10:10:02AM in the room here today, because I do -- you know, I asked
10:10:08AM the indulgence of Council, but I do want to hear from the
10:10:12AM two of them about what the city is doing and the positive
10:10:17AM things that are happening.
10:10:18AM I've been involved in the department of housing, the HUD,
10:10:24AM ICH program.
10:10:27AM I've attended the charettes.
10:10:29AM I have attended the meetings.
10:10:31AM I've been on the conference calls.
10:10:33AM I've worked with the housing first partners to find
10:10:36AM locations for additional housing in the housing first model.
10:10:41AM I've put them in a car and driven them around looking at
10:10:44AM sites to find places where they can buy and rehab
10:10:49AM properties, install a property, a manager that would
10:10:54AM properly oversee the individuals who reside there, just as
10:10:58AM they did in unincorporated Hillsborough County.
10:11:01AM I've gotten the support of the Mayor.
10:11:03AM I've gotten the support of staff.
10:11:05AM And the homeless coalition, Maria Barcus was here last time
10:11:09AM talking about how the model going forward is housing first.
10:11:14AM It's not the incremental housing model.
10:11:18AM And those things were talked about in the CHS report that
10:11:24AM was presented, framework to inform the Hillsborough plan to
10:11:28AM prevent and end homeless.
10:11:30AM Although yes, this is a report to Hillsborough County, but
10:11:32AM the City of Tampa is within Hillsborough County jurisdiction
10:11:35AM and boundaries.
10:11:36AM And all three cities of Hillsborough County, including
10:11:40AM Temple Terrace and plant city, have been involved in this
10:11:43AM process.
10:11:44AM And the recommendations that came out of this report speak a
10:11:48AM lot to preventing homelessness.
10:11:51AM And to expanding discharge planning from hospitals, critical
10:11:56AM time intervention, use existing foster care to prevent
10:12:00AM homelessness.
10:12:02AM Trauma, training of agency staff workers.
10:12:06AM I could go on and on.
10:12:07AM The list of what we need to do to address the issues of
10:12:11AM homelessness is very, very long.
10:12:14AM And Ms. Burdick is right.
10:12:16AM I've never over seen the coordination and participation of
10:12:20AM every agency of this city sitting at one table trying to
10:12:26AM find what is the right path.
10:12:28AM And we have been traveling down the right path.
10:12:31AM And what we're trying to do is have everyone work together.
10:12:35AM Not have fractured efforts going in different directions.
10:12:40AM Or duplicating each other's work.
10:12:43AM Because many dollars are wasted in federal money and state
10:12:46AM money and in local funds when people are working
10:12:52AM simultaneously on the same issue, but not talking or
10:12:55AM cooperating.
10:12:56AM I noticed in the handout that Ms. Mulhern's aide gave to us
10:13:03AM that Pinellas County, there's a chart on here where the
10:13:05AM funding comes from for Pinellas safe harbor.
10:13:08AM And federal chronic minor offender grant.
10:13:12AM Federal re-entry grant, state criminal justice reinvestment
10:13:16AM grant.
10:13:16AM Federal last second chance grant.
10:13:19AM Those grants go to the county to be administered by the
10:13:22AM county.
10:13:23AM The city of St. Petersburg, $100,000 for one year.
10:13:26AM It doesn't say what source of the city of St. Petersburg
10:13:29AM funding is, that $100,000 comes from.
10:13:33AM But there's also another chart in here where the city out of
10:13:36AM our CDBG funding has a total, actually has two columns here
10:13:41AM for totals, so I'm not sure, there's no column heading, so
10:13:45AM I'm not sure the dollars.
10:13:47AM But Thom, Mr. Snelling, if you could just briefly tell us if
10:13:52AM you can, the number of dollars that the City of Tampa and
10:13:58AM CDBG funds spends on either preventing homelessness or on
10:14:04AM homeless services.
10:14:05AM Because according to the CDBG agencies recommended for
10:14:08AM fiscal year '12, which is a little out of date, had
10:14:14AM $1,094,141 in one column and $511,000 in the other column.
10:14:24AM >> Thom Snelling, planning development services director.
10:14:26AM I don't have the complete break down on that.
10:14:30AM I mean I have the break down.
10:14:32AM I wasn't prepared to actually go into that detail today.
10:14:34AM I apologize for that.
10:14:35AM But I did bring some of the information from the FY14
10:14:41AM budget.
10:14:42AM And of course all the ESG dollars go into the homelessness
10:14:49AM and homelessness prevention kinds of activities.
10:14:50AM >> And ESG stands for?
10:14:52AM >> Emergency solutions grant.
10:14:53AM Just we found out today, we didn't find out today, but today
10:14:58AM there's going to be a conference call that we're
10:15:01AM participating in with HUD to specifically talk about the
10:15:07AM opening doors and federal strategic plan to prevent and end
10:15:10AM homelessness because they recognize that ESG funding has
10:15:14AM been cut, so they're encouraging municipalities and Tampa's
10:15:19AM been identified as one of those municipalities, to look at
10:15:22AM different ways to further leverage their resources or
10:15:25AM redirect some of their existing resources to more emergency
10:15:30AM solution grant kinds of opportunities as well as rapid
10:15:34AM rehousing opportunities.
10:15:36AM That conference call today, that will be part of my report
10:15:41AM when I come back, whenever my next schedule is.
10:15:43AM Let you know what happened there.
10:15:45AM But the other things obviously we work a lot with the
10:15:49AM Metropolitan Ministries, they both receive funding this
10:15:52AM year.
10:15:52AM Continue the work that they're doing.
10:15:55AM Emergency relocation, although you tend to think you don't
10:15:58AM identify that as homeless, but you if you remember, we use
10:16:01AM those emergency relocation funds and this year, there's
10:16:04AM $50,000 for that as well.
10:16:05AM Is when we did close down the warehouse that was on seventh
10:16:09AM street.
10:16:09AM And the trailer park where they were condemned.
10:16:12AM >>LISA MONTELIONE: Individuals that otherwise wrote have
10:16:13AM been homeless.
10:16:15AM >> They would've been kicked out, nowhere to go so the
10:16:18AM emergency, or relocation money that we used goes towards
10:16:22AM that as well.
10:16:22AM We also have over $400,000 available for tenant rental
10:16:32AM assistance, which is, long story short, it's very similar to
10:16:36AM section 8 type housing voucher.
10:16:38AM That is used to supplement income and people, we administer
10:16:41AM that through our RFP process.
10:16:43AM We award that money for people who minister.
10:16:46AM But that translates into a direct place where someone can
10:16:48AM find a place to live.
10:16:49AM Again, it's preventing the homelessness.
10:16:51AM The city is very involved in the prevention and affordable
10:16:54AM housing parts of ending homelessness, versus something like
10:17:00AM the safe house.
10:17:01AM >>LISA MONTELIONE: Well, and that's the point I wanted to
10:17:03AM make, Thom.
10:17:04AM Thank you for that.
10:17:06AM And it's in the suggested strategies that was developed,
10:17:15AM there are six issue areas.
10:17:17AM And you know, I just want to highlight one of the six.
10:17:23AM Which is housing first.
10:17:24AM And housing first is an alternative to a system of emergency
10:17:28AM shelter, transitional housing progressions, rather than
10:17:31AM moving homeless individuals or families through different
10:17:34AM levels of housing, whereby each level moves them closer to
10:17:38AM independent housing, for example, from the streets to public
10:17:40AM shelter and from public shelter to transitional housing
10:17:43AM programs and from there to their own apartment in the
10:17:45AM community.
10:17:45AM Housing first moves the homeless individual or household
10:17:48AM immediately from the streets or homeless shelters into their
10:17:52AM own apartments.
10:17:53AM Which is the model that is being followed and recommended by
10:17:58AM professionals around the country.
10:17:59AM Because once you get someone in a stable environment, where
10:18:04AM they're not worried about where they're going to go next,
10:18:06AM and they can stay be indefinitely until they are on their
10:18:10AM feet and stabilized, with oversight from mental health
10:18:15AM professionals, that's the way you assist individuals who are
10:18:21AM homeless.
10:18:22AM It's not, it's not giving them the opportunity to avoid the
10:18:28AM issue that brought them to the street in the first place.
10:18:31AM I met with Dan McDonald, Officer McDonald, who is our
10:18:35AM homeless advocate from the Tampa Police Department.
10:18:37AM And the good news is that there are things that they're
10:18:43AM working on and one of them is a devotion program.
10:18:46AM He's worked with the prosecutor in Hillsborough County so
10:18:49AM that violators of not only this ordinance, but other of our
10:18:53AM city ordinances, because we have 1.6, which is the arrest
10:18:57AM provision in our code for a lot of violations of our
10:19:00AM ordinances.
10:19:01AM But one thing a special prosecutor would do, it would
10:19:04AM provide a magistrate who would be able to work with the
10:19:08AM homeless directly and, if they meet certain benchmarks, you
10:19:13AM know, get their ID, see their caseworker, do those kinds of
10:19:16AM things.
10:19:17AM They won't be going to jail.
10:19:18AM But there will be some sort of oversight and there will be
10:19:24AM some kind of channeling into the programs that they need to
10:19:29AM stay homeless -- to stay off the streets.
10:19:32AM And that's a wonderful I think very valuable program.
10:19:38AM And I'm sure we'll be picking up some of the funds for that.
10:19:41AM So, I'm sure that my colleagues will have a lot to say, but
10:19:46AM there are good things happening.
10:19:48AM We have a grant application in process to add more officers
10:19:51AM so that Officer McDonald isn't out there by himself.
10:19:57AM Sheriff's office has deputy Donaldson out there as well.
10:20:00AM But, hopefully we'll find out in September whether or not we
10:20:03AM have gotten that grant to add to Officer McDonald's detail.
10:20:07AM You know, this is a very complex issue.
10:20:11AM But I do think that this ordinance is the first step in
10:20:15AM moving in the right direction.
10:20:16AM I think this ordinance puts people in a position where you
10:20:20AM have to choose.
10:20:22AM You can no longer choose to live on the streets off the
10:20:28AM welfare of others.
10:20:29AM You have to be responsible for yourself.
10:20:32AM And for those who cannot do that, have medical problems,
10:20:36AM have drug issues, have mental health issues, we can find the
10:20:41AM proper care for those individuals through the models that
10:20:44AM have been developed by all of the people who have been
10:20:47AM working for almost two years, because I got involved as soon
10:20:51AM as I was elected.
10:20:53AM And these groups have been meeting, I know it started way
10:20:58AM long time ago.
10:20:59AM We have been talking about this issue for probably 20 or
10:21:02AM more years.
10:21:03AM But this is the first time that I've ever seen such progress
10:21:07AM so quickly.
10:21:08AM So, I am in support and I'm sorry I took so much of your
10:21:11AM time, Council.
10:21:12AM >>CHARLIE MIRANDA: Thank you very much.
10:21:13AM Any other Councilmember?
10:21:15AM Mr. Reddick and Ms. Mulhern, in that order.
10:21:18AM >>FRANK REDDICK: Thank you, Mr. Chair.
10:21:20AM This past Tuesday, I had the opportunity to meet with Major
10:21:29AM James Hall, who is the New Tampa area commander for the
10:21:34AM Salvation Army.
10:21:36AM Officer McDonald participated in that meeting with me.
10:21:41AM Major Hall only been here for three weeks.
10:21:49AM But he wanted to be a part of this discussion.
10:21:53AM He made it known to us that he would love to be part of this
10:21:58AM discussion.
10:21:58AM I even reached out to Mr. Snelling and asked him to make
10:22:02AM contact with him.
10:22:03AM Because he is making changes at Salvation Army that probably
10:22:08AM meet a lot of needs that we're discussing here today.
10:22:10AM One of them is that he's talking about is storage space.
10:22:17AM Making his building accessible for storage space.
10:22:21AM So that, I don't know if many of you don't understand.
10:22:25AM These people major pride and joy is their belongings.
10:22:30AM That's the only thing they have, their belongings.
10:22:34AM When that he walking the street, whether pushing a cart or
10:22:38AM carrying a bunch of bags, the only pride and joy they have
10:22:41AM that belongs to them is their belongings.
10:22:43AM One of the recommendations Major Hall discussed with me is
10:22:51AM they're making sure space is available to store their
10:22:55AM belongings and making sure it's secure.
10:22:58AM And he's willing to participate in this process.
10:23:02AM He also would like to reach out and meet with the homeless
10:23:05AM coalition.
10:23:06AM He wanted to meet with every organization that currently
10:23:08AM participates in this process, to have his agency to adapt
10:23:13AM and adjust to what is going on and see how he can help
10:23:18AM resolve some of these problems that we're encountering in
10:23:21AM the City of Tampa.
10:23:22AM He also extending meetings with the Metropolitan Ministry
10:23:28AM people.
10:23:29AM I think by Major Hall being here for only three weeks,
10:23:33AM having the opportunity to meet with him last Tuesday, and
10:23:38AM for an ordinance to be voted on today, I would like to see
10:23:44AM us delay this ordinance by 60 days to give Major Hall an
10:23:48AM opportunity to meet with McDonald, meet with Mr. Snelling,
10:23:53AM meet with the homeless coalition and see if he can include
10:23:57AM something in the ordinance where his facility can be
10:24:00AM available, space, accommodating to help deal with this
10:24:04AM homeless issue in order for us to meet the needs of those
10:24:09AM people in that population.
10:24:11AM And I think in all fairness to him, only being here three
10:24:15AM weeks, coming from out of state, this is not a crisis here.
10:24:20AM And this can be extended by 60 days to allow him that
10:24:25AM opportunity.
10:24:27AM That is what I'll be more inclined to request from this
10:24:31AM Council today.
10:24:31AM Thank you, Mr. Chair.
10:24:32AM >>CHARLIE MIRANDA: Thank you, Mr. Reddick.
10:24:34AM Miss Mulhern?
10:24:35AM >>MARY MULHERN: Thank you, Mr. Chair.
10:24:37AM And I would support a continuance of this.
10:24:44AM I don't think 60 days is enough.
10:24:46AM I would maybe prefer to leave it open.
10:24:51AM And I'm going -- the date when we could come back and look
10:24:55AM at this again.
10:24:56AM First I want to explain, I passed out to Council document
10:25:01AM that I think everyone is on Council is quite familiar with.
10:25:05AM But it's from 2011 when we were in the midst of considering
10:25:11AM banning the street solicitation on the roadways.
10:25:15AM And there was a group of volunteers who got together and
10:25:23AM because of their experience in dealing with homeless and
10:25:28AM issues, came up with a proposal for us.
10:25:31AM And they weren't -- they start off right away saying that
10:25:37AM they weren't against banning panhandling on the roadways.
10:25:42AM But what they did want to see were real solutions to the
10:25:46AM problem.
10:25:47AM And I'm going to read some of what is in this report
10:25:50AM because, first of all, everyone on this Council has been
10:25:57AM incredibly compassionate and worked really hard on this
10:26:01AM issue for as long as they've been on Council and most, you
10:26:05AM know, all of us probably before we were even on Council.
10:26:07AM Every single person here has done that.
10:26:10AM But what we have been presented with, both when we passed
10:26:15AM the panhandling ban on the roadways and today with thinks
10:26:20AM ordinances, is creating -- it literally is making behavior
10:26:29AM of people who are poor and homeless illegal.
10:26:33AM People who have chosen or have been reduced to a
10:26:37AM circumstance where they are living on the streets, what it
10:26:41AM is doing is making what they're doing illegal.
10:26:43AM What it is not doing is any of the things that so many of
10:26:48AM you are talking about, whether you're in favor of this or
10:26:51AM not.
10:26:51AM I think most people are in favor of some kind of law that
10:26:55AM will reduce the, you know, whatever aggressive panhandling
10:27:00AM at the very least.
10:27:01AM But what we would do today is not going to do anything about
10:27:05AM the underlying problems.
10:27:07AM I'm going to read to you some of the recommendations and
10:27:09AM some of the analysis from two years ago before we were
10:27:13AM pressured into passing that first panhandling ban and you
10:27:18AM will see we haven't done any of these things.
10:27:20AM I understand and I know Councilwoman Montelione has been
10:27:23AM working very hard for two years with these various
10:27:26AM committees and they're coming up with lots of ideas.
10:27:28AM We have ideas.
10:27:31AM We have examples.
10:27:33AM We have no commitment to anything.
10:27:35AM We don't have land.
10:27:37AM Councilwoman Capin for three or four years has been saying,
10:27:41AM where can we put a facility?
10:27:44AM We haven't had an answer to that.
10:27:46AM So, we have no commitment from the City of Tampa to do
10:27:50AM anything other than arrest these people.
10:27:53AM And I have to say, the most compassionate, the hardest
10:27:57AM working people, like Officer McDonald and like the sheriff's
10:28:00AM department officers, Officer Donaldson, or Sheriff Donaldson
10:28:05AM and Sheriff Craiger, they're the ones, they know better than
10:28:09AM me how, what life is like on the streets for these people
10:28:13AM and what needs to be done.
10:28:14AM But this gives them only a tool to arrest people.
10:28:18AM It does not give them anywhere to take them, any services to
10:28:23AM provide for them.
10:28:24AM And I think -- I want to point out too that we talk a lot
10:28:29AM about what Pinellas did and with Pinellas safe harbor, they
10:28:32AM didn't criminalize panhandling and then look for a place to
10:28:36AM build.
10:28:37AM They had it all ready.
10:28:39AM They had a facility and a commitment and the funding and had
10:28:42AM figured out if we're going to pass this ban, we're going to
10:28:46AM have to have a place to go.
10:28:48AM So this perception that we have to ban it in order to do
10:28:51AM something to help homeless people is just totally incorrect.
10:28:55AM And actually, this strategy, we fell for this once already.
10:29:00AM The Mayor said yes, we're going to do this.
10:29:02AM We're going to look for places.
10:29:03AM We're going to try to help the high pressure homeless.
10:29:06AM We passed that panhandling ban.
10:29:08AM We haven't literally haven't put any money in -- we have
10:29:12AM yes, into long-term housing and the sorts of programs that
10:29:15AM we were doing before.
10:29:16AM But for the people that are on the street, we haven't made
10:29:20AM any major changes or produced with sit -- some commitment of
10:29:26AM land or money from the city, a place for these people to go.
10:29:31AM So, that's why I can't support it.
10:29:33AM But I want to read some of this, because this is what we
10:29:35AM were asked to do two years ago before we passed the first
10:29:39AM panhandling ban.
10:29:41AM And let's thing about it.
10:29:42AM In addition, a panhandling ban will do nothing to solve the
10:29:46AM greater problems of economic disparity, mental health and
10:29:49AM substance abuse.
10:29:51AM There's a short window of time that the broader problem of
10:29:54AM homelessness will be on the public radar.
10:29:57AM What they were saying is, we'd better do something about
10:30:01AM these bigger solutions before we pass a law.
10:30:04AM And this is the window of time.
10:30:06AM Well, we have another window of time now and I agree with
10:30:11AM Councilman Reddick that we should make that longer and not
10:30:14AM vote for this today.
10:30:15AM Ideal time to explore an arrest aversion program for those
10:30:19AM that violate the ordinance, panhandlers is now.
10:30:22AM That was before we voted on it.
10:30:24AM A single jail day costs us over $60 and unnecessary one day
10:30:30AM hospitalization can cost over $600.
10:30:33AM That sounds pretty low to me.
10:30:34AM Furthermore, there are not adequate numbers of shelter beds
10:30:38AM in the county and individual space of 30 day wait list for
10:30:41AM temporary housing.
10:30:42AM None of that has changed.
10:30:43AM We believe that a similar alternative to arrest must be a
10:30:48AM part of any street solicitation ordinance.
10:30:50AM They're talking about what happened with Pinellas safe
10:30:52AM harbor.
10:30:52AM To decrease the expense to city resources on repetitive
10:30:57AM incarceration.
10:30:58AM In addition, the city of St. Petersburg allocated 426,000 to
10:31:05AM social action funding in 2011.
10:31:07AM The recognition of the city role in social services allows a
10:31:12AM municipality to target and compete for numerous federal
10:31:16AM grant opportunities that otherwise might go unnoticed.
10:31:19AM So this is the argument that we have heard, that we
10:31:22AM shouldn't be involved in social services.
10:31:24AM Well, guess what?
10:31:25AM Unless we get involved, we can't ask for the grants.
10:31:27AM We can't even apply for federal or private grants that will
10:31:30AM allow us to help these people.
10:31:32AM Another question, where will we find a facility?
10:31:37AM Month after month, we have heard from staff, there's
10:31:43AM nowhere -- we have not been able to find a facility,
10:31:46AM something like safe harbor.
10:31:48AM Okay.
10:31:49AM Here are the recommendations that this committee made two
10:31:52AM years ago.
10:31:53AM One, proceed forward with street solicitation.
10:31:56AM I don't agree with that.
10:31:58AM I think that we made a mistake because we had the
10:32:00AM opportunity to say we are not going to vote for this unless
10:32:05AM we have done these other things and here are the other
10:32:08AM things too.
10:32:09AM Create a task force that will assemble a committee of
10:32:12AM partners.
10:32:13AM I believe they did create a task force.
10:32:15AM But they did not locate a facility, demonstrate a pathway to
10:32:20AM funding, a one million dollars operating budget.
10:32:23AM That hasn't happened.
10:32:24AM Ask the task force to present this proposal to City Council
10:32:28AM in 120 days.
10:32:29AM That was over two years ago.
10:32:30AM That didn't happen.
10:32:31AM Set aside any funds obtained, and this is interesting -- set
10:32:37AM aside any funds obtained in that 120-day period that are
10:32:42AM derived from newly created permanent process for street
10:32:45AM solicitation.
10:32:46AM They were recommending getting a permit and so you would
10:32:51AM have to pay a fee.
10:32:53AM But I also would like to know what has been the cost of the,
10:32:58AM to the city of the ban that we have already put in place on
10:33:01AM the roadways.
10:33:02AM And then five, their last recommendation is, link community
10:33:07AM development block grant awards with obligate participation
10:33:11AM in this arrest diversion program.
10:33:12AM That participation should not be limited to or require a
10:33:16AM financial contribution.
10:33:16AM We're talking about it, I'm sure that Lisa's committee she
10:33:25AM sits on has talked about a lot of this.
10:33:26AM But none of this has been figured out.
10:33:28AM We have a lot of agencies that are in flux right now.
10:33:32AM We have got Metropolitan Ministries, Salvation Army with a
10:33:35AM new person.
10:33:36AM We have a new homeless coalition director.
10:33:39AM There are all kinds of things in flux and all kinds of
10:33:44AM conversations going on.
10:33:45AM But I don't know who's there from the city and who can say
10:33:50AM yes, we're going to go ahead and do this.
10:33:52AM I think that at this point, we don't have a strategy.
10:33:56AM We don't have a plan.
10:33:57AM We don't have any property.
10:34:00AM And we don't have a plan.
10:34:01AM So, I'm not going to support this for that reason.
10:34:04AM And I just want to say one other thing.
10:34:06AM I feel that over all these years of my saying I cannot vote
10:34:17AM in any way to tell people that they can't be charitable.
10:34:22AM That's my personal faith and a difficult thing for me to do.
10:34:30AM But my colleagues have done something more difficult in
10:34:36AM trying to be compassionate and figure out a way to solve the
10:34:40AM problem and so, I know that all these people who live
10:34:43AM downtown and live in Tampa Heights and Ybor are
10:34:46AM compassionate and do care about the homeless.
10:34:48AM I'm never over mean to suggest that.
10:34:50AM You faced these problems more than me, who maybe is downtown
10:34:55AM three or four times a week having lunch or dinner or
10:34:58AM something.
10:34:58AM I know that you care.
10:35:00AM And that you're compassionate.
10:35:02AM And I know that my colleagues want to find a solution.
10:35:05AM But I do not feel that we have that real big picture
10:35:11AM solution delineated today.
10:35:13AM So that anyone -- I'm asking my colleagues not to support
10:35:17AM this.
10:35:18AM And I'm supporting Councilman Reddick and continuing it.
10:35:21AM And I'm just not sure that in 60 days they can come back to
10:35:24AM us with the real solution that people can get behind.
10:35:28AM But, we could always continue that after that too.
10:35:31AM Thank you.
10:35:32AM >>CHARLIE MIRANDA: Ms. Capin?
10:35:33AM >>YVONNE CAPIN: Thank you.
10:35:34AM Yes, there were lots of issues brought up and yes, we have
10:35:39AM been on this Council making suggestions, trying to move this
10:35:48AM forward where we can find some kind of safe, if you will,
10:35:56AM safe harbor for these people.
10:35:57AM One of the things that was brought out was housing first.
10:36:02AM And I did attend their meeting.
10:36:07AM What they have done is -- what they're working on is chronic
10:36:11AM homeless.
10:36:11AM And the number of chronic homeless was identified as 700.
10:36:16AM These are people that have mental illness and drug abuse and
10:36:21AM alcoholism as a mental illness.
10:36:24AM And out of the 700 is more than a quarter of the total of
10:36:31AM homeless in the city.
10:36:32AM Now, it took about a year to put together the first housing
10:36:41AM for 24 units, out of 700.
10:36:46AM It is a popular plan.
10:36:53AM Nationwide.
10:36:53AM But I've seen many popular plans nationwide for many
10:36:57AM different things.
10:36:58AM One that I can remember is that urban renewal.
10:37:00AM But this seems to be working -- it has the, it has the, not
10:37:08AM only the housing, but it has the workforce, the staff to
10:37:13AM keep these people -- these people need a lot of support.
10:37:17AM And that goes along with the housing.
10:37:19AM Just not a house.
10:37:20AM It actually does.
10:37:21AM So that part of it is, but that is more of a long-term.
10:37:25AM What we're dealing with today is an immediate.
10:37:28AM Where are these people going to go during the day?
10:37:32AM Where are they going to go during the day?
10:37:35AM If you have to find them a bed, but during the day, they're
10:37:38AM still homeless.
10:37:39AM We have been -- one of the things that was brought to my
10:37:46AM attention was, in Miami, there was a court case, Pottinger
10:37:55AM versus the city of Miami.
10:37:57AM Settlement agreement came February 2009.
10:38:00AM What they did, they set aside areas in the city of Miami
10:38:05AM where people that were homeless or homeless, and they
10:38:13AM supplied restrooms and made sure that, because they were in
10:38:21AM that area, they could find them, they could help them.
10:38:25AM They were all in one area, or two.
10:38:27AM But this -- it was a settlement and what they found was
10:38:32AM that -- let me see here.
10:38:36AM That people could not be arrested if they were in these
10:38:47AM areas.
10:38:49AM They could not -- here it is.
10:38:51AM They could not be arrested for life sustaining conduct.
10:38:56AM Now, to carry on daily necessities of life, which included
10:39:08AM nudity, such as bathing or responding to the call of nature.
10:39:11AM So they provided for them to be able to be in an area and
10:39:16AM have these, have these facilities brought to them.
10:39:21AM That was the settlement from Pottinger versus the city of
10:39:26AM Miami, 2009.
10:39:27AM We have Ms. Barcus who came to us from that area and that
10:39:32AM was never brought up.
10:39:33AM And I would've like to hear her, her, you know, summation of
10:39:43AM that, of that settlement that took place in the city of
10:39:48AM Miami.
10:39:48AM Here Council again, as several Councilmembers have noted and
10:39:57AM we have said we have all been working on this for years.
10:40:01AM And we brought up reasonable options when the city
10:40:07AM government took up -- when the county, the city and county
10:40:10AM took up the task and originated the citizens and government
10:40:14AM group to offer first housing, City Council was not informed
10:40:18AM of this.
10:40:19AM Even though we requested it.
10:40:22AM So what I'm getting at is that we are here grappling with
10:40:28AM this.
10:40:28AM And I'm going to have a quote from our Mayor that was
10:40:32AM printed as a headline.
10:40:35AM And this was 2012.
10:40:39AM February 2012.
10:40:40AM When he was asked about this chronic situation that we have
10:40:46AM in our city.
10:40:47AM And he says, you cannot solve -- this is in reference to
10:40:52AM City Council.
10:40:53AM You cannot solve it in 30 minutes every other Thursday, he
10:40:57AM says, taking a swipe at City Council complaints about the
10:41:02AM city's approach on homelessness.
10:41:04AM But here we are being asked to pass a very sweeping
10:41:13AM ordinance.
10:41:14AM But we can't solve it every 30 minutes.
10:41:17AM I agree with Councilman Reddick about continuing it.
10:41:25AM This back in 2011, this, all of this was brought up in, when
10:41:34AM we were looking at the panhandling.
10:41:36AM Excuse me.
10:41:42AM There's a few more things here.
10:41:44AM Again, here we are doing the heavy lifting, if you will, and
10:41:53AM it comes to us as if it were an immediate crises.
10:41:58AM If it were an immediate crises, the administration has been
10:42:02AM in place for two years.
10:42:03AM And we are hearing today that there's a conference call
10:42:07AM today, and then pointed out things that the city is doing
10:42:14AM and has been doing.
10:42:15AM And with HUD I guess was the conference call.
10:42:20AM And that it was sort of a voucher, like a section 8.
10:42:24AM Well, section 8 follows the vouchers.
10:42:30AM Section eight is something that we should have more of,
10:42:34AM because it is market priced renting -- rentals.
10:42:40AM Because low income, or when you try to rent housing at a
10:42:47AM very low price, you cannot maintain the properties.
10:42:50AM That's where section 8 comes in.
10:42:54AM Because it is market driven pricing.
10:42:58AM But section 8 follows those.
10:43:01AM And if the tenant destroys anything in those properties,
10:43:08AM they used to be responsible to have to fix it.
10:43:11AM Now, they are taken out of section eight.
10:43:14AM So there's a lot of responsibility.
10:43:16AM And yes, we all have responsibility.
10:43:18AM The only people that are not responsible for their actions
10:43:20AM are the mentally ill and children.
10:43:23AM All of us are held to be responsible.
10:43:28AM And therefore, I would vote for continuance.
10:43:31AM But I would like to see it longer than 60 days.
10:43:34AM I think this is, this needs a lot of attention.
10:43:38AM >>CHARLIE MIRANDA: Let me ask the police department.
10:43:39AM They're here.
10:43:40AM You've heard the things that have been presented here today.
10:43:42AM And I like clarity.
10:43:49AM >> What was your question, sir?
10:43:50AM >>CHARLIE MIRANDA: I said you've heard of the things that
10:43:52AM were brought here today.
10:43:53AM I'd like to have clarity on all of them.
10:43:55AM There were statements that were put on the record saying
10:43:58AM that there's immediate going to jail this is no
10:44:03AM consultation, asking the individuals what their rights are,
10:44:07AM and what the system is and what you have and where you can
10:44:10AM go and where you can't go.
10:44:12AM But from what I understand, from what I heard from the
10:44:15AM police department sometime back was if I recall, that there
10:44:19AM was a process where you would ask them where they, and tell
10:44:23AM them where the rights were to have the benefit, for those in
10:44:28AM need, to go to.
10:44:29AM And if there were beds available and if there was, what was
10:44:34AM available for them at the time, that the police department
10:44:36AM approached and spoke to the individuals.
10:44:39AM >> That's correct.
10:44:39AM Marc Hamlin on behalf of the police department.
10:44:41AM The timeframe extending its, really in our opinion is a
10:44:46AM nonissue, because if the social services aren't in place for
10:44:50AM that day, the ordinance is not enforceable to make an
10:44:53AM arrest.
10:44:53AM So, if we have beds, we could ask them to go to beds.
10:44:57AM If we don't have beds, we can't do that.
10:45:00AM The Salvation Army issue, sir, I don't believe giving them
10:45:04AM 60 days is going to change anything as far as the ordinance
10:45:06AM is concerned.
10:45:07AM Another thing too is our homeless population is small,
10:45:10AM smaller in the summer than it is in the wintertime.
10:45:12AM So, if, we have training scheduled.
10:45:15AM We have 130 officers going through training from the
10:45:17AM homeless coalition, to let them know what the options are.
10:45:21AM Let them know the terminology, let them know what the
10:45:24AM definition also are of chronic homeless and to put them
10:45:26AM through programs that the home less coalition, and you can
10:45:29AM get that from them as well, exactly what they are.
10:45:32AM So if we don't have these social services in order, the
10:45:34AM ordinance, we can't arrest.
10:45:36AM So that's really a nonissue in our opinion.
10:45:38AM We think we are ready to go with the training and with the
10:45:41AM ordinance.
10:45:42AM >>CHARLIE MIRANDA: Okay.
10:45:43AM Let me continue, if I may.
10:45:45AM So then you have, if there's available and they want to make
10:45:56AM a move to help themselves, then what happens?
10:45:59AM >> I'm sorry.
10:46:00AM >>CHARLIE MIRANDA: If there's availability for beds and
10:46:03AM availability for whatever programs you're going to point
10:46:05AM these individuals to, and they refuse to go, then what
10:46:08AM happens?
10:46:09AM >> Then we're dealing with a different ordinances like the
10:46:11AM storage issue, if they don't --
10:46:14AM >>CHARLIE MIRANDA: Excuse me.
10:46:15AM Tell me about the storage of personal property.
10:46:19AM That was mentioned also.
10:46:21AM >> We have an option right now with free day time storage at
10:46:28AM the homeless recovery.
10:46:29AM I think Councilman Reddick mentioned that the Salvation Army
10:46:32AM is also wanting to get on board in the future about having
10:46:35AM the secured storage.
10:46:36AM So, if there's no storage availability there, then the
10:46:40AM ordinance we can't make an arrest.
10:46:42AM We have to have options.
10:46:43AM It's when the people refuse the options that are available,
10:46:47AM is when the arrest options come in to play.
10:46:50AM >>CHARLIE MIRANDA: And that happens in the first time, the
10:46:51AM second time?
10:46:52AM >> No, you have asked for extensions to third time.
10:46:56AM >>CHARLIE MIRANDA: So then those individuals are given the
10:46:58AM opportunity to go whatever is available -- if I remember
10:47:02AM what happened here three or four weeks ago.
10:47:05AM >> That's correct.
10:47:06AM >>CHARLIE MIRANDA: And you know, I also been here for two
10:47:09AM years.
10:47:10AM So maybe it's my fault we haven't done anything.
10:47:12AM But I don't think it's anyone's fault.
10:47:16AM I think it's the system that we're working with and I think
10:47:18AM it's the progress that we're making.
10:47:20AM And this is a chance for all those individuals to be given
10:47:23AM an opportunity, it was mentioned earlier, that no one knows
10:47:28AM where these places are for help.
10:47:29AM You just said, captain, that you're giving them the
10:47:33AM direction of where the help is, if it's available.
10:47:37AM If it's not available, from what you just stated, there is
10:47:39AM no arrest.
10:47:40AM Am I correct?
10:47:41AM >> Correct.
10:47:42AM >>CHARLIE MIRANDA: Thank you very much, sir.
10:47:43AM I'm sorry, I think I had Ms. Mulhern, Ms. Montelione,
10:47:49AM Ms. Capin.
10:47:51AM >>MARY MULHERN: Thank you.
10:47:51AM I just wanted to say couple things briefly.
10:47:55AM Our homeless count, I believe it's for Tampa Bay.
10:48:00AM I'm not sure if it's Hillsborough County or it's
10:48:03AM Hillsborough and Pinellas.
10:48:06AM But our homeless count is somewhere -- we're not sure,
10:48:09AM right?
10:48:10AM Between 8,000 and 17,000.
10:48:12AM So, we know that we do not have enough beds for everyone.
10:48:17AM So, I don't think -- and I've also heard from, there are
10:48:22AM people who don't have the money to go to Salvation Army, if
10:48:26AM that's an option.
10:48:27AM I know that mental health care doesn't necessarily take
10:48:30AM people who are brought there from the hospital.
10:48:34AM There is a difficulty I think, and you're not -- I know
10:48:39AM you're not questioning that.
10:48:41AM There may not be enough beds, that's correct, right?
10:48:45AM >> Good morning, Council.
10:48:46AM Officer Daniel McDonald from the Tampa police.
10:48:48AM Just to address the bed issue, most nights, except for the
10:48:53AM coldest nights of the winter, we have a net surplus of
10:48:57AM available beds.
10:48:58AM Salvation Army is currently running about 35 to 40 beds free
10:49:03AM every night.
10:49:03AM If we were to basically arrest every single homeless person
10:49:10AM at the same time, which is not practical and won't happen,
10:49:14AM then we would have a bed issue.
10:49:16AM But, for the possible handful of ordinance violators that we
10:49:22AM may get on a daily basis, then we have plenty of beds
10:49:25AM available.
10:49:26AM I believe that the plan is that we will pay for that bed
10:49:30AM space after that free five days, because they still are
10:49:34AM entitled to five days at the Salvation Army for free.
10:49:37AM So, I've looked at the bed space issue, we don't want to go
10:49:42AM ahead with this if not enough bed space available.
10:49:45AM I don't think there will be.
10:49:47AM >>MARY MULHERN: This is another question because we talked
10:49:48AM about the beds.
10:49:49AM But part of the problem that you're trying to address may be
10:49:53AM more in the day time, when people are more concerned about
10:49:58AM there being people on the street.
10:49:59AM Where is there for them to go?
10:50:04AM >> There is already an existing dropping center.
10:50:07AM It's called the shop.
10:50:08AM 6220 north Nebraska.
10:50:10AM And they have laundry facilities, computers, telephones,
10:50:17AM mental health screenings.
10:50:19AM And that's open I believe from 7:00 a.m. till 4:00 p.m.
10:50:23AM >>MARY MULHERN: How many people -- how many chairs are there
10:50:25AM there, I guess?
10:50:27AM How many seats are there for people there?
10:50:29AM >> I'd say it's about the size of this room.
10:50:32AM Maybe a little bigger.
10:50:33AM So they can accommodate probably a hundred people.
10:50:35AM They also offer advanced service.
10:50:38AM It's up on Hanna and Nebraska.
10:50:40AM So they will shuttle folks back and forth on a periodic
10:50:44AM basis.
10:50:44AM It will be nice to have obviously more facilities.
10:50:49AM But for right now, there are they are in existence.
10:50:53AM I also have talked to them and they've agreed to take
10:50:55AM ordinance violators, at least give them a place to go in
10:50:59AM lieu of going to jail.
10:51:00AM Because once again, we don't want to make an arrest if we
10:51:04AM can divert them towards severances.
10:51:07AM >>MARY MULHERN: So that's a drop in center.
10:51:08AM So normally just for people who elect to go there, not
10:51:11AM people who are brought there?
10:51:13AM >> Correct.
10:51:13AM It's voluntary right now.
10:51:16AM But in the case of an ordinance violation, that would be an
10:51:19AM option for, during the day time.
10:51:22AM If we encounter someone sleeping at 10:00 in the morning,
10:51:27AM that's probably a little too early to be offering a bed for
10:51:30AM the night.
10:51:31AM We could take them there.
10:51:32AM We may have shelter space available during the day time.
10:51:36AM We're working on that.
10:51:38AM But, there are options, if they can go and work on their
10:51:44AM housing issues, with different providers, and there's a lot
10:51:48AM of stuff they can accomplish during the day time.
10:51:51AM But to address the main concern of where to go during the
10:51:55AM day time, the shop is currently in operation.
10:51:58AM It's open right now.
10:51:59AM >>MARY MULHERN: Okay.
10:52:00AM Thank you.
10:52:01AM I don't know, I don't know if -- doesn't look like
10:52:07AM Ms. Barcus is here from the homeless coalition.
10:52:12AM It would be nice to hear from her.
10:52:14AM I just wanted to say something.
10:52:17AM I don't even know how hard people have worked on this
10:52:20AM Council on this issue, but I did find out just yesterday
10:52:23AM that Councilman Cohen has spent probably a full workweek
10:52:29AM driving around looking for temporary shelter opportunities,
10:52:34AM possible places where we can house people.
10:52:35AM So I know that, you know, my colleagues are just working
10:52:39AM really, really hard on this.
10:52:40AM I want everyone to know that because I had no idea how hard
10:52:45AM Councilman Cohen had been working on this issue.
10:52:48AM I want everyone to know that we are trying to find solutions
10:52:52AM here on Council.
10:52:53AM And our police department, thank you so much.
10:52:57AM >>CHARLIE MIRANDA: I have Ms. Montelione, Ms. Capin and
10:52:59AM Mr. Cohen.
10:53:03AM >>LISA MONTELIONE: Thank you, Mr. Chair.
10:53:04AM The report that I referenced earlier has approximately 19
10:53:10AM pages of recommendations.
10:53:11AM And the recommendations are across the board, they don't all
10:53:20AM deal with housing.
10:53:21AM But the reasons and addressing the issues that create the
10:53:27AM situation where someone finds themselves homeless.
10:53:32AM The experts, their biographies, there were no less than 25
10:53:40AM people from around the country who contributed to these
10:53:44AM studies and reports.
10:53:45AM They all point to the, to not having a facility that's
10:53:59AM warehousing people.
10:54:02AM And when you talk about looking for when and having a large
10:54:06AM facility, that's not the direction that, and the goal that
10:54:12AM has been decided upon by all of these people, after
10:54:18AM listening to the experts, wading through the reports,
10:54:21AM looking at the research, studying models in other parts of
10:54:25AM the country, the goal and the direction we're going in is to
10:54:31AM provide permanent housing.
10:54:34AM So, everyone who goes in a different direction and doesn't
10:54:45AM contribute to the 19 or 20 pages of recommendations,
10:54:51AM including, as I mentioned before, release programs from
10:54:57AM hospitals.
10:54:58AM Release programs from incarceration.
10:55:03AM Treating the folks who have dual diagnosis.
10:55:06AM Many of the programs that exist today, and some of it's a
10:55:11AM resultant of funding, they cannot accept people who are,
10:55:16AM have drugs or have records, or have mental health issues.
10:55:21AM Well, if you don't have a drug problem and alcohol problem
10:55:24AM and a mental health issue, you're probably not homeless.
10:55:28AM So, those are some of the fundamental things that we need to
10:55:31AM work on.
10:55:32AM And it's looking at a comprehensive approach.
10:55:39AM And there are many.
10:55:40AM There are many suggestions.
10:55:41AM And I wanted to clarify the numbers.
10:55:44AM And this is off the homeless coalition's web site.
10:55:48AM The reason why the numbers, Ms. Mulhern, all due respect,
10:55:52AM were 8,000 to 17,000, because that's followed the revised
10:55:57AM definition of homeless that came from HUD.
10:55:59AM And that was including people who were doubling up, living
10:56:02AM with relatives or were living in a situation that was not
10:56:05AM their first choice and they had no, no other place to go but
10:56:09AM to double up and live with someone else.
10:56:11AM The count of literally homeless people in Hillsborough
10:56:17AM County, on the web site of the homeless coalition, is
10:56:22AM 2,275 -- 2,275.
10:56:28AM 944 were living on the streets or in other places not meant
10:56:31AM for human habitation.
10:56:32AM 387 were residing in emergency shelters.
10:56:36AM 578 were residing in transitional housing.
10:56:41AM And 366 were reported in jail having been homeless prior to
10:56:46AM their incarceration.
10:56:48AM Those are the numbers.
10:56:49AM So, when we throw out 8 to 17,000, that is really
10:56:54AM misleading.
10:56:55AM That's not literally homeless.
10:56:58AM That includes people doubling up in situations with
10:57:02AM relatives and friends.
10:57:03AM And you know, to the quote that Ms. Capin mentioned from the
10:57:12AM Mayor, you know, it was off the cuff.
10:57:15AM It was offhanded.
10:57:16AM The Mayor is a straight shooting, straight speaking kind of
10:57:20AM guy.
10:57:21AM And he did say that.
10:57:22AM But I'll give you a quote from myself.
10:57:23AM It's in my newsletter, so it is part of the public realm.
10:57:28AM Addressing the reasons that lead to becoming homeless and
10:57:30AM the effort to break the cycle of chronic homelessness takes
10:57:33AM more than just a couple of ordinances or a discussion by
10:57:36AM Councilmembers from time to time.
10:57:38AM That's a quote from myself.
10:57:40AM And as Ms. Mulhern pointed out, we are all working very hard
10:57:45AM in our own ways, on our own time and reaching out to our own
10:57:50AM networks to try and help.
10:57:53AM All of us are.
10:57:54AM And Councilman Miranda, Chair Miranda is correct.
10:57:58AM It is no one person's fault.
10:58:00AM We do have a plan.
10:58:02AM And although it hasn't been published in a document as a
10:58:09AM position paper, the City of Tampa does have a plan.
10:58:13AM And we are working towards the goals that were set by all of
10:58:17AM these folks who have been working on all of these
10:58:20AM coordinated efforts to provide those elements that are
10:58:27AM needed to fulfill the plan.
10:58:29AM And Officer McDonald mentioned some of those things that are
10:58:36AM a result of the city's commitment and part of the plan.
10:58:40AM And Councilman Reddick, the Salvation Army has been a part
10:58:46AM of these discussions.
10:58:48AM And because he's just here three weeks, he hasn't had the
10:58:51AM opportunity to attend the meeting because three weeks ago,
10:58:53AM the coordinator passed away.
10:58:56AM And there's been a little bit of a break from the regular
10:59:00AM meeting schedule because he died very suddenly.
10:59:03AM Unexpectedly overnight.
10:59:06AM So, when the meetings resume, he'll be there.
10:59:10AM So, they have been part of the discussions and there are
10:59:17AM other facilities.
10:59:20AM The pastor -- pastor Tom Atchison, who is a local hero and
10:59:25AM one of those awards from the Tampa Bay Lightning, he is with
10:59:29AM New Beginnings.
10:59:30AM He has reached out and had discussions with Officer McDonald
10:59:35AM to also provide daytime services.
10:59:39AM It's something that's being worked on.
10:59:40AM It's something that takes a long time to set up, to assemble
10:59:44AM the funding, to get the space.
10:59:47AM There's, as he mentioned, the shop, the drop-in center.
10:59:51AM There's the, trying to talk to the Methodist church, who
10:59:56AM recently purchased the old Methodist church site over on
11:00:01AM Florida and Harrison.
11:00:03AM There are a lot of positive things coming.
11:00:07AM And it pains me to see the conversation going in a negative
11:00:12AM direction.
11:00:12AM I'm working with a house representative from Pinellas
11:00:18AM County.
11:00:19AM I mean, there are a lot of people who are working and doing
11:00:23AM very positive things.
11:00:25AM And I really want the discussion to talk about what we are
11:00:28AM doing.
11:00:28AM And not focusing on what we aren't doing.
11:00:31AM So, Ms. Kert, can we add the Salvation Army to this
11:00:36AM ordinance?
11:00:37AM I don't believe we can call out a specific agency within the
11:00:41AM ordinance to provide services, unless there's some sort of
11:00:44AM contractual agreement?
11:00:45AM >>REBECCA KERT: Putting in the ordinance any specific
11:00:48AM organization would not be the appropriate way to do it.
11:00:50AM But I -- if you just want me to answer that question, I'll
11:00:55AM sit down.
11:00:57AM >>LISA MONTELIONE: Well, that is the question.
11:01:00AM I mean, you say not the appropriate way.
11:01:02AM What would be the appropriate way?
11:01:05AM >>REBECCA KERT: Well, maybe I can take a step back because I
11:01:07AM give a very brief introduction today because we talked so
11:01:11AM extensively at first reading.
11:01:13AM I do get troubled when there are comments that this
11:01:16AM ordinance in particular is criminalizing homelessness
11:01:21AM because its intent was not to do that.
11:01:25AM It was specifically structured not to do that and legally we
11:01:28AM cannot do that.
11:01:29AM And the original request is it was brought forward, was not
11:01:32AM to criminalize homeless or to make homeless people
11:01:35AM uncomfortable so they leave.
11:01:37AM The original request was that the Tampa Police Department
11:01:40AM had been working for approximately a year and a half, maybe
11:01:43AM longer at this point, to try to reach out to the homeless
11:01:46AM population that they could, and offer them services.
11:01:49AM And what they found, where they could and people were
11:01:52AM receptive to that, it was effective.
11:01:54AM But that as we spoken at length at one or two prior
11:01:57AM meetings, there is a group of chronic homeless people and as
11:02:03AM you all have said, I know you all know this and have done a
11:02:06AM lot of research, but there's a lot of new people in the
11:02:08AM audience, so I'm going to briefly repeat some of this.
11:02:11AM Probably through no fault of their own, mental health issues
11:02:15AM or addictions, there are people not receptive to receiving
11:02:18AM services and getting off the streets.
11:02:20AM I think everyone would agree, we do not want to criminalize
11:02:24AM homeless, but yet it would be wonderful the there was a way
11:02:27AM there weren't any homeless people.
11:02:29AM Not because we don't like the homelessness.
11:02:31AM But because that's not a good safe lifestyle for people.
11:02:33AM And the original tool was a request to give the police
11:02:37AM department a tool for those people who do not want to
11:02:41AM receive services, to encourage them to do that.
11:02:43AM And so, in looking what some of our neighboring
11:02:47AM jurisdictions did, as well as across the country, we came up
11:02:51AM with a few regulations prohibiting camping in public places,
11:02:54AM which you will recall is not just sleeping, but sleeping
11:02:57AM plus something else, like a tent or other lifestyle issues.
11:03:02AM Sleeping in the right-of-way.
11:03:03AM Storage on public property and public urination and
11:03:08AM defecation.
11:03:08AM And the camping, sleeping and storage ordinances all
11:03:11AM specifically state that they cannot be enforceable, no one
11:03:18AM will go to jail, no one will receive a notice to appear
11:03:21AM unless we are able to offer them an alternative.
11:03:24AM And Ms. Capin is always very, very well informed.
11:03:29AM She did mention the Pottinger case out of Miami.
11:03:36AM There was a settlement agreement reached.
11:03:38AM The ordinances that we wrote, I'm not sure it's universally
11:03:42AM accepted, but you cannot criminalize this behavior if you
11:03:45AM don't offer alternatives.
11:03:46AM But I think the major public policy decisions as well as
11:03:50AM legally is certainly within the state of Florida, we have
11:03:52AM accepted that if you criminalize some of those behaviors,
11:03:56AM they're so intertwined with the concept of being homeless,
11:04:00AM that you are criminalizing the status of being homeless.
11:04:03AM And that violates someone's eighth amendment right.
11:04:05AM In short order, the court found that that was cruel and
11:04:08AM unusual punishment.
11:04:09AM And these ordinances were all written with that in mind.
11:04:12AM Now, I'm not sure exactly all the details of the settlement
11:04:15AM agreement.
11:04:16AM I do know I've read from the paper lately that Miami is
11:04:18AM looking to go back and modify some of the detail also of it.
11:04:21AM And I'm not sure exactly what details they found difficult.
11:04:24AM But think everyone is in agreement with the underlying
11:04:27AM concept that we need to provide alternatives.
11:04:30AM You know, as far as the St. Pete model and what they have
11:04:35AM done over in St. Pete, I know philosophical, some people
11:04:40AM agree with that model and some people do not.
11:04:43AM Regardless, St. Pete did have some ordinances on the books
11:04:46AM before they had the shelter space available.
11:04:48AM And they did not enforce it until they did, in recognition
11:04:51AM of what I was speak about, about criminalizing homelessness.
11:04:55AM That's not the appropriate legally or public policy way to
11:04:58AM move forward.
11:04:58AM So, as far as the short question about the Salvation Army, I
11:05:04AM think that you've heard from the police department and I
11:05:07AM think some of you all individually are doing this and I'm
11:05:10AM sure the administration is doing this as well.
11:05:13AM But they are looking for the alternatives that the ordinance
11:05:16AM already requires.
11:05:17AM And working with the Salvation Army and continuing to do
11:05:22AM that, we may come up with more different, better
11:05:26AM alternatives to offer people.
11:05:28AM But unless we have this alternatives in place by the terms
11:05:32AM of the ordinance, it's not enforceable.
11:05:35AM And in some circumstances, I know you've been told, please
11:05:38AM rely on good faith on the police department and all the
11:05:42AM credibility that they've built up.
11:05:44AM And they have.
11:05:45AM But in this case, it is in the terms of the ordinance
11:05:48AM itself.
11:05:48AM And -- that was a long answer.
11:05:52AM >>LISA MONTELIONE: Thank you.
11:05:53AM I appreciate that.
11:05:53AM And although Ms. Barcus is not here today, she stated on the
11:05:58AM record when she was here last time that she was in support
11:06:02AM of the ordinances in order to get the chronic homeless to a
11:06:07AM place where they can begin to turn around their lives and
11:06:10AM added that we desperately need funding for additional
11:06:13AM programs.
11:06:14AM Thank you.
11:06:16AM >>CHARLIE MIRANDA: Thank you.
11:06:17AM Ms. Capin?
11:06:19AM >>YVONNE CAPIN: In reference to looking for properties for a
11:06:24AM year and being month after month being told there was no
11:06:29AM report, it was not necessarily for a large location.
11:06:33AM That's just insinuated.
11:06:35AM But it was for any location of any size.
11:06:39AM As Ms. Barcus stated, they desperately need bridge housing.
11:06:44AM And that's what we're talking about here today, is bridge
11:06:47AM housing.
11:06:47AM Shelter.
11:06:51AM Where are they going to go between -- and we all agree that
11:06:55AM living in the park is not safe.
11:06:57AM It's not a safe or healthy way for people to live.
11:07:01AM I think that everyone in here is in agreement.
11:07:06AM When I mentioned the 700 chronic homeless and that there
11:07:11AM were 24 apartments where they were moved in, that leaves 675
11:07:15AM chronic.
11:07:16AM And those are the mentally ill because we all -- we have
11:07:21AM classified drug addiction and alcoholism is also part of
11:07:27AM that.
11:07:27AM So when the officer was asked, when you were asked -- will
11:07:33AM you come up, please?
11:07:34AM By Mr. Miranda about when you asked them to come to shelter,
11:07:45AM and they refuse, what is the next step?
11:07:52AM >> First encounter or second encounter?
11:07:55AM >>YVONNE CAPIN: First, second, third.
11:07:56AM >> Well, you explain to them at some point in time that if
11:07:59AM they don't do this, they're going to get arrested.
11:08:02AM And you'll be surprised how many people will go.
11:08:06AM And that's what the whole thing is.
11:08:08AM We don't want to arrest our way out of this problem.
11:08:11AM And it's really, I think we're focusing on big numbers.
11:08:14AM 675, well, it's really a case-by-case basis.
11:08:18AM One at a time.
11:08:19AM We try to help one at a time.
11:08:21AM And if we can get that one person fixed -- one person gets
11:08:25AM saved, I think it's really a success.
11:08:27AM That sound trivial possibly to you.
11:08:30AM But that's the idea.
11:08:31AM It's the canvas alternative to put a little muscle behind
11:08:35AM what we're saying and get them some help.
11:08:39AM I think you'll be surprised how many people would get help
11:08:42AM rather than go to jail.
11:08:44AM >>YVONNE CAPIN: I was just wondering, because maybe with the
11:08:47AM drug addiction, but the truly mentally ill logic does not
11:08:54AM work into that scenario, as everyone knows.
11:08:58AM That's why they're deemed mentally ill.
11:09:00AM >> I think when we get to the long-term part of it, they're
11:09:03AM going to have to want to get better.
11:09:04AM You can't help yourself unless you want to.
11:09:07AM But I think we giver them a little push, get them into the
11:09:10AM system.
11:09:11AM >>YVONNE CAPIN: Mentally ill, always I said, they and
11:09:15AM children are not responsible.
11:09:16AM So, if they want to is not part of that scenario.
11:09:20AM Not for the mentally ill and not for children.
11:09:26AM The other thing is that, you're looking at a grant for more,
11:09:32AM to be able to put more police officers to help with this.
11:09:38AM We have a force of a thousand police officers.
11:09:43AM And why do we have to find a grant?
11:09:47AM >> This isn't our grant.
11:09:48AM This is by the housing authority.
11:09:49AM So the choice neighborhood grant, Encore project in Central
11:09:52AM Park.
11:09:53AM They have built in to that grant request to fund one officer
11:09:57AM to strictly work with this issue around that Encore project.
11:10:01AM >> So would be a new officer?
11:10:03AM >> It's possible, yes.
11:10:04AM The grant is not going -- they're not going to know if they
11:10:07AM got the grant till September.
11:10:09AM And they will have to sit down.
11:10:12AM -- we participated with the numbers.
11:10:14AM Let me get back to the first part of your question.
11:10:17AM You're absolutely right.
11:10:18AM There's almost a thousand police officers.
11:10:20AM The reason we have been able to successfully drive down
11:10:23AM crime is because not one unit did it.
11:10:25AM Everybody does it.
11:10:26AM We do it in a community policing philosophy.
11:10:28AM We don't have a community policing unit.
11:10:30AM We have a community policing philosophy.
11:10:33AM We're going to start off training 134 officers that work in
11:10:37AM the downtown Ybor City area for this ordinance, with the
11:10:39AM homeless coalition.
11:10:40AM And then we'll expand on that.
11:10:41AM And work through -- everybody has to participate in this for
11:10:45AM this to be successful.
11:10:47AM It's not just going to be a unit of homeless liaisons like
11:10:50AM Officer McDonald going around doing this.
11:10:53AM Everybody is going to do this, 24/7.
11:10:56AM >>YVONNE CAPIN: All right.
11:10:56AM The other part was that maybe we could -- I write notes all
11:11:11AM over the place here when I'm listening.
11:11:13AM This is for Rebecca Kert.
11:11:17AM Thank you very much.
11:11:17AM And I know, I've ridden with Officer McDonald and
11:11:21AM participated in many of the Tampa police initiatives.
11:11:26AM >> Thank you for doing that and supporting us.
11:11:29AM >>YVONNE CAPIN: I appreciate very much what you all do.
11:11:31AM Ms. Kert, on here I can't -- I don't find it on the, on the
11:11:40AM revised ordinance, but has it been taken out?
11:11:43AM What is the area that an officer can take a person to a
11:11:49AM shelter?
11:11:51AM Is it within the city limits?
11:11:57AM >>REBECCA KERT: Go it is not within the city limits, then
11:11:59AM the city has to be able to commit to provide resources to
11:12:02AM bring that person from the shelter back to city services
11:12:06AM that they may need.
11:12:07AM So, there is a built-in incentive that the shelter space be
11:12:13AM local.
11:12:13AM Because if not, we're going to be responsible for shuttling
11:12:15AM someone back and forth.
11:12:19AM >>YVONNE CAPIN: What is the mileage they can take them
11:12:21AM outside the city?
11:12:23AM I thought I saw three miles before.
11:12:25AM Three miles outside the city radius.
11:12:30AM >>REBECCA KERT: I'm sorry, I'm trying to find that question.
11:12:33AM In the section relating to sleeping in and on the rights of
11:12:45AM way.
11:12:45AM Shelter space is available at the shelter within the city or
11:12:48AM within three miles of the borders of the city.
11:12:51AM And if the shelter space is outside the borders of the city,
11:12:54AM public or other transportation shall be made available to
11:12:57AM the individual at the shelter space so the individual can
11:13:00AM travel to locations within the city which are necessary to
11:13:03AM the individual.
11:13:04AM >>YVONNE CAPIN: Okay.
11:13:04AM That part, and that's why we need to continue this.
11:13:07AM Because three miles outside of the city limits is Pinellas
11:13:11AM County.
11:13:12AM And safe harbor.
11:13:16AM So, they can -- and that was told to me when I did the drive
11:13:22AM with Mr. McDonald, that they could take them there.
11:13:26AM Sid well, what if they refuse or they -- you would find out
11:13:29AM first before we drove them to Pinellas.
11:13:31AM But three miles will take them out to Pinellas County.
11:13:34AM And the part where it says that you have to provide public
11:13:39AM transportation, like a bus like voucher, really, for these
11:13:47AM people, what you could be doing is leaving them in Pinellas
11:13:52AM County, because if they don't use that voucher, that's what
11:13:56AM we have done.
11:13:57AM So three miles -- because I asked, well, what if they
11:14:02AM refused to take them?
11:14:03AM Or something happens that the beds were filled?
11:14:06AM They said, well, we have to bring them back.
11:14:09AM But that's not what the ordinance says.
11:14:10AM It doesn't say that our police officers have to bring them
11:14:13AM back.
11:14:14AM It says they can -- they offer them public transportation.
11:14:19AM And therein lies the issue with being, you know, we could
11:14:29AM very well take them and leave them there.
11:14:31AM And as -- but thank you for clarifying the three miles and
11:14:35AM what it entails.
11:14:36AM The other part entails.
11:14:48AM Again, housing first is a long-term well established by 25
11:14:56AM eminent scholars and studies and that's understood.
11:14:59AM But it's still a long-term.
11:15:02AM And we're talking very short-term.
11:15:04AM I also -- I did vote to bring this to second reading.
11:15:09AM I did, because nature in the parks is not where people
11:15:12AM should liver.
11:15:12AM And I felt like other Councilmembers that if we pass this,
11:15:15AM we would have -- it would force the issue more.
11:15:19AM But what happened, the experience with the panhandling
11:15:23AM ordinance and here we are two years later, it was said then
11:15:32AM that maybe that would push the issue.
11:15:33AM And there would be more -- and there is.
11:15:37AM Since then, you do have the housing first come through.
11:15:40AM But we don't have the bridge housing.
11:15:43AM We don't have those things in place.
11:15:46AM The part of the ordinance where if they can't find shelter,
11:15:50AM they can't -- they can't arrest them or they have to leave
11:15:56AM them where they're at.
11:15:58AM But there is an issue with them being taken three miles
11:16:01AM outside of the city limits.
11:16:03AM Because you could take them to, to the county and give them
11:16:09AM a bus voucher and that's it.
11:16:11AM And so, what we have done is dropped them off.
11:16:14AM And so, for that reason, I again will say that -- I want to
11:16:24AM say that Councilman Reddick brought up continuing this.
11:16:30AM I think that alone has reason to be looked at.
11:16:35AM Also, that I'd like to offer a compromise to that, that
11:16:41AM there is a timeline for continuance, be it 60 days, whatever
11:16:45AM days it is.
11:16:46AM But that when the ordinance comes through, it is sunsetted
11:16:51AM at a certain time.
11:16:52AM Because at that point, if this Council deems to bring it
11:16:59AM back, they may.
11:17:01AM But I would recommend a sunset to that ordinance.
11:17:06AM For the purpose of, not to study it, not to have them come
11:17:13AM back and report on it.
11:17:15AM To actually stop it and at that point, Council can decide if
11:17:19AM they want to continue it and see what has been, what has
11:17:25AM taken place.
11:17:26AM So that is the compromise I would recommend.
11:17:32AM And that's it for me, for now.
11:17:34AM Thank you.
11:17:35AM >>CHARLIE MIRANDA: Thank you.
11:17:35AM Mr. Cohen?
11:17:38AM >>HARRY COHEN: Thank you very much, Mr. Chair.
11:17:39AM I think that anyone listening to this discussion can tell
11:17:46AM that all of the Councilmembers have spent a great deal of
11:17:50AM time and energy giving thought to this very difficult
11:17:55AM problem.
11:17:58AM And I really appreciate Councilwoman Mulhern's comments,
11:18:01AM because the truth is, is that at times we do disagree with
11:18:04AM one another on what the best road forward is on these
11:18:07AM issues.
11:18:08AM And those disagreements I believe are really rooted in
11:18:12AM principle and in belief about what is the best way forward.
11:18:17AM To me, this is all about balance.
11:18:21AM It's about balancing the rights of people who unfortunately
11:18:26AM are forced to sleep in parks because they have nowhere else
11:18:30AM to go.
11:18:31AM With the people who want to enjoy the parks and use the
11:18:36AM parks for recreation and for the types of activities that
11:18:41AM they were intended for.
11:18:43AM And throughout this entire process, it's constantly been a
11:18:47AM discussion between people who feel threatened or intimidated
11:18:52AM or somehow impacted versus, you know, those that are, that
11:19:00AM are devoid of a lot of options.
11:19:02AM And what, what has been impressive to me about the way that
11:19:07AM this ordinance has been constructed is that it, in my view,
11:19:11AM gives the police department humane, thoughtful tools to try
11:19:19AM to fill beds that right now are going unused and are sitting
11:19:24AM empty.
11:19:25AM And as I listen to the comments here, the one thing that I
11:19:30AM think really mitigates against a lot of the concerns that
11:19:33AM have been raised is the inability of the city and the, the
11:19:39AM language on the face of the ordinance prohibiting the city
11:19:42AM from enforcing the ordinance without alternatives.
11:19:46AM Councilwoman Capin a minute ago mentioned the idea that
11:19:49AM perhaps bypassing an ordinance like this, it would actually
11:19:55AM be the impetus to creating more services.
11:19:58AM And certainly that is the hope of those of us that are in
11:20:03AM support of this.
11:20:04AM You know, Councilwoman Montelione, I think did a very good
11:20:08AM job of pretty much summarizing why I would be in favor of
11:20:12AM going forward with this, this ordinance.
11:20:16AM The one area that I think we might disagree is, she's
11:20:26AM certainly I think committed to a permanent housing solution
11:20:30AM philosophy.
11:20:31AM I tend to feel that all options ought to be on the table and
11:20:36AM my visits to Pinellas safe harbor and Pinellas hope,
11:20:41AM reinforced for me that sometimes what a person needs when
11:20:45AM they are leaving a homeless situation, is just an
11:20:49AM opportunity to go somewhere for a temporary period of time
11:20:53AM and just get themselves organized and get themselves
11:20:57AM together and have sort of a time out where they can collect
11:21:01AM themselves and get cleaned up and know that their property
11:21:04AM is safely stored and in a safe place.
11:21:07AM So, it's for that reason that I feel comfortable moving
11:21:11AM forward with this.
11:21:12AM I listened to what Councilman Reddick said regarding the
11:21:17AM continuance and the issues with the Salvation Army.
11:21:20AM And my view at this point is that because of the way the
11:21:23AM ordinance is constructed, any -- anything that the Salvation
11:21:28AM Army can do additional, and it sounds as though there may be
11:21:32AM some things they can and are willing to do, it sounds like
11:21:36AM those things will complement the ordinance rather than
11:21:38AM detract from it.
11:21:40AM So right now, my view is that we should move forward.
11:21:42AM Thank you.
11:21:43AM >>CHARLIE MIRANDA: Thank you.
11:21:44AM Any outs Councilmember who has not spoken first of all?
11:21:48AM All right.
11:21:49AM We go to Miss Mulhern.
11:21:50AM >>MARY MULHERN: Thank you.
11:21:51AM I just wanted to say that, I've got a couple cliches.
11:21:56AM One is, we're putting the cart before the horse.
11:21:58AM We're creating a law that's supposed to be a solution law,
11:22:05AM but we don't have the place for these people to go.
11:22:08AM As Councilman Cohen just mentioned, he's visited safe harbor
11:22:13AM and Pinellas hope, which are two different approaches, but
11:22:17AM they're both for the bridge housing or temporary housing
11:22:22AM that we have been talking about, which is really the issue.
11:22:25AM The population that we're trying to deal with are those
11:22:27AM people.
11:22:29AM And we don't have that, unless -- I mean, Councilwoman
11:22:34AM Montelione talked about a plan.
11:22:37AM But we haven't seen a plan.
11:22:38AM If there is a plan for a place, I'm not talking about a
11:22:42AM strategy.
11:22:43AM I'm talking about a place.
11:22:44AM Do we have a plan for either a place for people to go during
11:22:49AM the day, for, for services that are not available now?
11:22:55AM A plan for a place in the City of Tampa since this is the
11:23:01AM City of Tampa ordinance, or ordinances that we're talking
11:23:04AM about?
11:23:05AM This is my question for Mr. Snelling.
11:23:09AM What's the plan?
11:23:10AM Why should we pass a Lou if we don't have anywhere for the
11:23:15AM people to go?
11:23:21AM >>THOM SNELLING: I think this ordinance is part of that
11:23:23AM plan.
11:23:24AM I don't have -- we have the action plan, we have various
11:23:28AM strategies that we're using to continue to spend our limited
11:23:30AM resources and how we spend those resources.
11:23:33AM For emergency shelter, for extremely affordable housing, for
11:23:37AM various things that we have done in the past and will
11:23:39AM continue to do, that's the plan going forward with some of
11:23:42AM those uses.
11:23:43AM Spending upwards of a million dollars of those types of
11:23:45AM funds for a variety of different kinds of homelessness
11:23:47AM services.
11:23:48AM In terms of do we have a plan for a specific facility that's
11:23:52AM out there that says we're going to go to this piece of
11:23:55AM property at this location with bridge housing and a homeless
11:23:57AM warehouse?
11:23:58AM We don't have that.
11:23:59AM In answer -- in that very limiting context.
11:24:06AM But that view is -- it's equating having a plan with a
11:24:14AM single facility is myopic.
11:24:19AM You need to continue to have and do everything that we're
11:24:22AM doing and have additional things come forward.
11:24:27AM >>MARY MULHERN: That's my question.
11:24:28AM I never said we need one place.
11:24:34AM No one on this council said that.
11:24:35AM What are the new places, new places, whether they're going
11:24:41AM to be city provided, whether they're going to be provided by
11:24:45AM other agencies -- where are they?
11:24:47AM >> Well, our plan is to continue to work with Marie Barcus
11:24:51AM and the homeless coalition.
11:24:52AM That agency has nor energy wand more forward thinking
11:24:56AM progress than it has in a decade.
11:24:58AM She he's taken the lead in a number of ways.
11:25:01AM Quite frankly, she is the expert in this type of activity.
11:25:04AM For me to insert myself or to insert the city in front of
11:25:08AM her and try to work, you know --
11:25:11AM >>MARY MULHERN: I'm not asking to you do that and if you are
11:25:14AM asking for her endorsement and her to provide that, she's
11:25:18AM not here today.
11:25:19AM >> I'm not asking for her endorsement.
11:25:22AM >>MARY MULHERN: Well, we don't have that from her.
11:25:24AM We don't know what that plan is either.
11:25:26AM So that's what I'm saying.
11:25:32AM >>THOM SNELLING: I suggest you ask her to come here and to
11:25:34AM deliver, you know, what she's working on and what she
11:25:37AM thinks, ask her to have that.
11:25:39AM Because I don't know.
11:25:40AM I can't speculate exactly the finer details of what she's
11:25:42AM been working on.
11:25:45AM >>MARY MULHERN: Well, let me ask you this.
11:25:46AM It sounds like we're going to vote on this.
11:25:50AM But if we were to consider a continuance, when could you
11:25:55AM come back with some concrete places?
11:26:01AM >>THOM SNELLING: I can't answer that right now,
11:26:02AM Councilwoman.
11:26:03AM Put a time, two weeks, three weeks, one week.
11:26:06AM I don't know what I'm going to hear in this conference call
11:26:08AM this afternoon with HUD.
11:26:09AM They may have a silver bullet or magic bullet that's going
11:26:12AM to say Thom, do this.
11:26:14AM I can't put a timeframe on that.
11:26:18AM >>MARY MULHERN: Okay.
11:26:18AM Thanks.
11:26:19AM >>CHARLIE MIRANDA: Mr. Reddick?
11:26:20AM >>FRANK REDDICK: Thank you, Mr. Chair.
11:26:21AM Captain, let me ask you one question.
11:26:23AM And then at this point, chair, I'm going to call for the
11:26:27AM questions, because I'd like to entertain a motion.
11:26:29AM You stated that 134 officers being trained, currently being
11:26:36AM trained.
11:26:36AM >> No, we start in a couple weeks.
11:26:38AM We should be done by the first week of August.
11:26:40AM These are the officers that are assigned to the downtown
11:26:43AM Ybor area, patrol officers and our rock officers, the
11:26:49AM plainclothes officers.
11:26:50AM That's going to be the first part of the training, with the
11:26:52AM homeless coalition.
11:26:53AM And to go through the programs that the homeless coalition
11:26:58AM has, 500 first homes I think it's called.
11:27:00AM They're going to go through the federal term notch.
11:27:03AM They're going to learn how to over the chronically homeless.
11:27:06AM And then we'll expand it from there.
11:27:10AM >>FRANK REDDICK: Thank you.
11:27:11AM Mr. Chair -- I'm sorry.
11:27:17AM I move to close.
11:27:20AM >>CHARLIE MIRANDA: We can't.
11:27:22AM We haven't heard from the public yet.
11:27:24AM I'd like to get to that point sooner than later.
11:27:31AM >>FRANK REDDICK: Call for the question.
11:27:33AM >>CHARLIE MIRANDA: Well, I don't have -- our attorney's out.
11:27:36AM But I got to hear from the public.
11:27:39AM >>FRANK REDDICK: I agree.
11:27:51AM >>CHARLIE MIRANDA: Just a second.
11:27:52AM There's been some discussion, Mr. Counselor, regarding call
11:28:01AM for collection and so forth.
11:28:03AM But I haven't heard from the public yet.
11:28:05AM I'd like to get the public comment on the record before
11:28:07AM that's done.
11:28:10AM >> There was a call for the question?
11:28:12AM >>CHARLIE MIRANDA: There is no question.
11:28:13AM What I want to do is listen to the public if I may.
11:28:16AM Is that all right with the Council?
11:28:18AM All right.
11:28:18AM Anyone in the public care to speak on item number 60?
11:28:22AM Come forward please.
11:28:22AM Well, they've spoken on 59.
11:28:29AM Yes, ma'am?
11:28:30AM >> Good morning.
11:28:30AM I'm Yvette Acosta MacMillan.
11:28:32AM I'm a staff attorney with the American Civil Liberties
11:28:34AM Union.
11:28:35AM And most of the points that I wanted to make have been made
11:28:38AM by the various members of the Council.
11:28:41AM But I would state that no matter how you want to call this
11:28:49AM ordinance by any other name, it is criminalizing
11:28:53AM homelessness.
11:28:54AM That is the ultimate effect of this ordinance.
11:28:56AM I would urge you, request that you do not pass this
11:29:04AM ordinance.
11:29:05AM There are several provisions in the ordinance that are very
11:29:10AM disconcerting.
11:29:11AM For example, requiring homeless people to have IDs.
11:29:15AM Homeless people don't have IDs.
11:29:17AM It costs money to get an ID.
11:29:19AM If they don't have an ID, they can get arrested.
11:29:24AM The city should look into providing safe areas where
11:29:29AM homeless people are welcomed, can be provided services, can
11:29:33AM be provided primary elementary necessities.
11:29:37AM One of the -- one of the issues that was stated by the
11:29:49AM police officers was that if the social service also aren't
11:29:54AM in place, they can't arrest.
11:29:55AM But if the social services aren't in place, you're not
11:30:01AM solving the problem.
11:30:02AM What's the purpose of having an ordinance with no teeth in
11:30:07AM it anyway?
11:30:08AM It doesn't solve the problem.
11:30:09AM Assuming that homelessness is a problem, which is a whole
11:30:13AM other issue.
11:30:14AM They're training more law enforcement officers.
11:30:17AM At some point, it's been offered that there are sufficient
11:30:20AM beds to take homeless people.
11:30:23AM Well, that's because right now, there's only a couple of
11:30:27AM officers who are dealing directly with the homeless people.
11:30:31AM Once there are more officers that are trained, there's going
11:30:35AM to be a lot more people that are going to be transported to
11:30:37AM these beds.
11:30:38AM The city should make sure that there are places for all
11:30:42AM these people before they start transporting or wanting to
11:30:45AM transport these people.
11:30:46AM Otherwise, again, what is the purpose of the ordinance?
11:30:49AM And I don't usually quote my husband.
11:30:56AM But, he stated something last night, he said that
11:31:01AM criminalizing homelessness is like blaming poverty on the
11:31:07AM poor or blaming the wars on the soldiers.
11:31:10AM It should not be a crime to be homeless.
11:31:13AM What they need is your help.
11:31:15AM Thank you.
11:31:17AM >>CHARLIE MIRANDA: Thank you very much.
11:31:18AM Next please?
11:31:18AM Next please?
11:31:20AM [ Applause ]
11:31:22AM >> Mike Doyle, saint Vincent DePaul, sacred heart church.
11:31:26AM First of all, I want to thank the Council chair,
11:31:28AM Councilmembers for their very thoughtful and compassionate
11:31:31AM work.
11:31:32AM It's obvious and I hope my remarks are viewed as positive
11:31:35AM and helpful.
11:31:36AM A reminder that any enforcement ends up in our lap.
11:31:42AM So, we get the end result of anything that you enforce.
11:31:45AM So, if there's a fine, whatever, we get to deal with that
11:31:51AM product.
11:31:52AM So, rather than help nearly homeless, we're spending very,
11:31:58AM very scarce resources and play donations, I mentioned sacred
11:32:04AM heart, on rebuilding that homeless person.
11:32:07AM The two models that I referenced that you've been talking
11:32:11AM about, I want to make a very clear distinction.
11:32:14AM Safe harbor is chronically homeless.
11:32:16AM Absolutely chronically homeless.
11:32:20AM Pinellas hope is temporary shelter for those people and
11:32:24AM that's a focus of mine personally with case management on
11:32:30AM those people that are nearly homeless, especially women and
11:32:34AM children, to get them stabilized with a triage of services.
11:32:37AM So, to me, that's very important.
11:32:41AM I too toured both facilities.
11:32:43AM And I talked to an officer, security officer at Pinellas
11:32:47AM safe harbor and I said, if you could make one improvement,
11:32:50AM what would it be?
11:32:51AM And he said are you aware of family justice center?
11:32:54AM One stop shopping.
11:32:56AM It's pointless to shelter if you don't have options on-site
11:33:01AM without transportation issues to deal with.
11:33:03AM So, whatever model or hybrid you come up with in your
11:33:08AM deliberations, you must have an array of services on-site to
11:33:13AM work with these people.
11:33:15AM Commissioner Reddick, you mentioned transportation, storing
11:33:19AM possessions.
11:33:20AM Great suggestion.
11:33:20AM But, picked up a homeless person that called in to our help
11:33:25AM line yesterday out in front of the library on Ashley.
11:33:27AM Brought him something to eat.
11:33:29AM Gave him my last three bus passes.
11:33:32AM Took him to Marion street station.
11:33:34AM So he could go to our thrift store, get some clothing.
11:33:37AM Gave him a voucher.
11:33:38AM And he said, I'm from Ft. Myers.
11:33:41AM I'm very anxious to work.
11:33:43AM I understand that I can sell newspapers and earn a living.
11:33:46AM If you store at Salvation Army, you have to provide a way of
11:33:52AM transportation.
11:33:54AM At both facilities that I mentioned, in the case of Pinellas
11:34:00AM safe harbor, there are storage tubs with their name on it.
11:34:03AM The same exists at the Catholic charities.
11:34:09AM Thank you.
11:34:09AM >>CHARLIE MIRANDA: Thank you very much.
11:34:10AM Next please?
11:34:18AM >> Good morning.
11:34:19AM My name is Ruben Cornejo.
11:34:21AM I live at 805 West Amelia Avenue in the Ridgewood Park
11:34:26AM neighborhood.
11:34:27AM Just about a block north of where I live, at the corner of
11:34:30AM Columbus and North Boulevard, there are two properties that
11:34:35AM are a huge problem for our neighborhood.
11:34:37AM One of them has already been condemned, yet there's 24/7
11:34:42AM folks that live just outside the fence.
11:34:45AM On the southwest side, there's, the corner of Columbus and
11:34:50AM North Boulevard, there's an organization that basically has
11:34:55AM the building is shut, never seen any doors open.
11:34:58AM But Every now and then they open it to hand out food to the
11:35:02AM homeless.
11:35:02AM But they don't invite them in.
11:35:04AM They just pass out the food.
11:35:07AM I don't see any garbage cans anywhere.
11:35:10AM So what are these people supposed to do when everyone is
11:35:14AM done eat? They don't offer any other solutions but to give
11:35:18AM them some food and then we are left with the litter.
11:35:21AM At the south end of the neighborhood, there's a park on
11:35:24AM Glenwood, linear park, they're going to station a private
11:35:29AM club there is called crusade.
11:35:34AM The surrounding areas are hang out for homeless people.
11:35:37AM Yet when they need somewhere to go to shelter themselves
11:35:44AM from the environment, they seek out the empty properties in
11:35:49AM our neighborhood, which there are several.
11:35:51AM And we feel like we are, we're trying to create a healthy
11:35:57AM environment in our neighborhood.
11:35:59AM And I feel that kicking this down the road for six months is
11:36:04AM not solving our needs, for our neighborhood.
11:36:07AM It may be selfish on my part, but I'm -- six months from
11:36:14AM now, six months from now.
11:36:15AM If we don't have the resources today, I doubt if we're going
11:36:18AM to have it six months from now.
11:36:20AM And six months from then.
11:36:22AM So I urge you to at least consider passing this ordinance.
11:36:28AM I'm a very selfish person maybe, but our neighborhood feels
11:36:31AM like, you know, we have from the north and the south side of
11:36:34AM our neighborhood, we have people who are coming in to the
11:36:38AM neighborhood and finding those empty homes to squatter in,
11:36:43AM and you don't find any kids playing in that nice nearby park
11:36:48AM because the parents don't feel safe there with their kids.
11:36:52AM We don't know whether the homeless people have, you know,
11:36:56AM mental issues or substance issues.
11:37:00AM Thank you.
11:37:01AM >>CHARLIE MIRANDA: Thank you very much, sir.
11:37:01AM Next please?
11:37:02AM Some of the issues that you guys have already --
11:37:16AM >> I missed your name.
11:37:17AM >> Steve Sapp, Tampa, Florida.
11:37:19AM Some of the issues you guys have already broughten up
11:37:21AM before.
11:37:22AM You mentioned $60 a day to house a homeless individual.
11:37:27AM My figure was 50.
11:37:29AM So my math can be a little off here.
11:37:31AM But Councilwoman Montelione mentioned that 366 on the date
11:37:35AM they took the homeless count were actually already
11:37:37AM incarcerated.
11:37:39AM Just by putting that math together, that's the average about
11:37:41AM the year, that's about $6.6 million a year that goes towards
11:37:45AM keeping them incarcerated.
11:37:46AM Once they get out, from being incarcerated, once again
11:37:50AM there's no option.
11:37:51AM So they just get back into the system.
11:37:53AM They don't wake up from being incarcerated an suddenly
11:37:56AM develop job skills and a new place to stay.
11:37:58AM The homeless shelters cost money.
11:38:00AM We can give them the option all we want to go there, but if
11:38:03AM they don't have the $10 at cheapest a night.
11:38:06AM Granted the first five nights are free.
11:38:08AM But after that it does cost some dollars and the cheapest,
11:38:11AM that would be the cheapest.
11:38:12AM Once again they have to get around the city, to get from
11:38:17AM places they're eating at to places sleeping at.
11:38:20AM That's $4 a day bus fair.
11:38:22AM That's about $420 a month.
11:38:28AM You're driving around the city, and have to be put into the
11:38:31AM shelter, I think check in is 6:00 at night.
11:38:35AM You don't have time to better education or find employment.
11:38:42AM Also they get kicked out at 5:00 in the morning.
11:38:44AM Where are they going to go with all their belongings?
11:38:47AM Would be cheaper to give them a monthly hotel voucher and
11:38:50AM bus pass, $400 a month cheaper than to house them in jail or
11:38:55AM prison.
11:38:55AM Hillsborough County has emergency shelter space for 1200
11:38:58AM people.
11:38:59AM And last count for Hillsborough County for the folks that
11:39:02AM live on the street is actually 2200.
11:39:04AM So there's obviously a thousand deficit there for what's
11:39:09AM total amount of homeless men, women and children alone with
11:39:12AM at risk, which I think is important.
11:39:15AM Talking about just the chronically homeless.
11:39:17AM What about the folks on the verge of becoming homeless?
11:39:20AM That's problems down the road.
11:39:21AM That's put at 17,270.
11:39:23AM Over the past few years, only two new services were put into
11:39:27AM effect by the Hillsborough County homeless coalition.
11:39:31AM Both were designed only for homeless veterans.
11:39:33AM Which amasses to less than one percent of the 17,270.
11:39:37AM Hillsborough County homeless coalition has made no effort to
11:39:47AM educate the public on homeless.
11:39:50AM Most people are unaware what the homelessness coalition
11:39:53AM does.
11:39:54AM I've found that they've made pretty much no progress with
11:39:56AM their nearly $8 million a year budget.
11:39:58AM And perhaps we should be more focused less on the homeless
11:40:01AM people and more focused on the agencies that are lacking to
11:40:04AM get the job done, which we pay them with our tax dollars
11:40:06AM for.
11:40:07AM Thank you no thank you very much, sir.
11:40:08AM Next please?
11:40:22AM >> Speaker waiver form, Troy Hartman.
11:40:25AM Thank you.
11:40:26AM One extra minute, please.
11:40:30AM >> Thank you.
11:40:31AM My name is Don Rhode.
11:40:33AM Office at 412 Madison street.
11:40:35AM Based upon my experience with the way you guys deliberate, I
11:40:43AM don't think this will matter much to you.
11:40:46AM But for the next three minutes and 45 seconds, I'll be
11:40:49AM quoting me, unless I quote Ms. Kert.
11:40:52AM A letter that covered the transmittal of the amendments that
11:40:59AM were made on this particular ordinance for Ms. Kert to City
11:41:04AM Council and other people within the city, indicated the
11:41:07AM changes that were supposed to be made.
11:41:09AM Unless I'm reading this wrong, and I doubt I am, if you look
11:41:15AM at the first addition of this, the change that was supposed
11:41:23AM to be made whereas transportation to a shelter three times
11:41:26AM previous.
11:41:27AM The change that was made was three arrests or three
11:41:32AM transportations to a shelter.
11:41:34AM Leaving a person to read this and believe that you can't
11:41:38AM arrest the guy the first time until you've arrested him
11:41:42AM three times.
11:41:42AM Notice I'm reading this wrong.
11:41:45AM Again, I make this point not because it's such a horrible
11:41:49AM thing to make this mistake.
11:41:51AM It is not.
11:41:51AM This is all evidence -- all of this is evidence of a sloppy,
11:41:58AM rushed, less than thought out, absolutely not read by the 7
11:42:02AM of you.
11:42:03AM No way.
11:42:04AM You would've caught.
11:42:06AM This is a lot like the old six-inch piece of string --
11:42:11AM whoops -- six-feet piece of rope speech that we got a year
11:42:13AM ago August or whenever it was.
11:42:15AM It was all about the misperception, no it the people that
11:42:18AM propounded the six inch rule.
11:42:20AM We were mistaken.
11:42:21AM Again, I bet I'm mistaken here.
11:42:23AM This is just me being wrong.
11:42:24AM So to continue quoting me, I'd also like to point out that
11:42:32AM there are constitutional provisions in play when you search
11:42:35AM and seize peoples' belongings.
11:42:37AM We still call it the fourth amendment in what Marco Rubio
11:42:43AM continues to call these United States.
11:42:45AM I'm going to lever this up here for you.
11:42:48AM I know unless I do this, you guys won't read it because you
11:42:51AM guys are not readers.
11:42:53AM First sentence of that says that the right of the people to
11:42:57AM be secure in their person's houses, papers and effects
11:43:00AM against unreasonable search also and seizures shall not be
11:43:03AM violated.
11:43:04AM You're preamble, whereas, as is clause, whatever you're
11:43:07AM going to call it, not a word.
11:43:09AM Part of your discussion right now that starts out about 20
11:43:14AM people in this audience, was about homeless infrastructure,
11:43:19AM interdiction.
11:43:20AM This statute that I think, or this proposed statute, this
11:43:23AM proposed ordinance that was lifted out of the code of
11:43:28AM Memphis -- Memphis, for God sake -- what about preoccupation
11:43:34AM with Appalachia?
11:43:35AM We're going to have bumper stickers sometime that say Tampa
11:43:39AM gateway to Appalachia?
11:43:41AM What is this?
11:43:43AM Why isn't this legal department capable of drafting anything
11:43:45AM on its own?
11:43:46AM When Mr. Rodriguez authored the convention ordinance, he did
11:43:49AM nothing but cut, copy, paste and print from Charlotte's.
11:43:54AM And when Mr. Cohen told me that he didn't live in Charlotte,
11:43:57AM I wanted to be able to say, wait a minute, you do.
11:44:00AM You and the first three blocks of Harbor Island most
11:44:03AM certainly live in Charlotte, given this ordinance.
11:44:05AM Because guess what?
11:44:06AM It was photo copied from them.
11:44:08AM I believe Ms. Kert is capable of writing something that
11:44:11AM matters and that works.
11:44:13AM You've not -- you can't -- it's not even fair to the
11:44:17AM discussion to say you've put the cart before the horse.
11:44:19AM You've done none of the work.
11:44:21AM None of it.
11:44:22AM Absolutely none of it.
11:44:23AM Thank you.
11:44:25AM >>CHARLIE MIRANDA: Thank you very much, sir.
11:44:26AM Next please?
11:44:33AM >> Cora Williams, general deliver, Tampa, Florida.
11:44:36AM Most of the opinions I was going to speak on has already
11:44:40AM been spoken on.
11:44:41AM So I'm just going to briefly state, I believe it's the
11:44:44AM public's perspective of the homeless.
11:44:46AM A lot of people automatically assume one is homeless,
11:44:51AM they're drug addict or alcoholic, or if you simply speak to
11:44:55AM them, they're trying to panhandle.
11:44:56AM Some people, that's not the case.
11:44:58AM From statistics I found, 18 million people are paycheck away
11:45:02AM from being homeless.
11:45:03AM Anybody from the CEO to the janitor in blink of an eye can
11:45:06AM lose it all.
11:45:08AM So my thing is this, I understand about the park and thing,
11:45:10AM people don't feel safe.
11:45:11AM But I believe a person acting in a civil manner, keeping to
11:45:16AM themselves, being a law abiding citizen, being peaceful,
11:45:20AM this they shouldn't be criminalized for that.
11:45:22AM That's just my view on the situation.
11:45:26AM [ Applause ]
11:45:36AM >> Good afternoon, honorable members of City Council.
11:45:39AM My name is Mr. Soberanis.
11:45:42AM 1200 North Westshore Boulevard.
11:45:44AM I've been here now two months.
11:45:46AM I lived in Los Angeles for over 40 years.
11:45:48AM I was a homeless provider in Los Angeles.
11:45:51AM As most of you know, in Los Angeles, we have the largest
11:45:54AM homeless in the nation.
11:45:56AM And we need to look at what works for Los Angeles.
11:46:00AM It is tremendous what the city of Los Angeles is doing to
11:46:03AM help their homeless population.
11:46:05AM What we really need to look at, and I agree with
11:46:09AM Mr. Reddick, to just delay and I hope I have the name right,
11:46:13AM Ms. Capin and Ms. Mulhern.
11:46:18AM >>YVONNE CAPIN: That's an interpretation.
11:46:19AM I accept it.
11:46:20AM [ Laughter ]
11:46:23AM >> I'm from the west indies.
11:46:24AM We pronounce it a little differ.
11:46:27AM I apologize.
11:46:28AM But I was a homeless provider in Los Angeles for over 20
11:46:30AM years.
11:46:31AM Came here because my health is deteriorating and the doctor
11:46:33AM said I need to get to a city where there's fresh air.
11:46:37AM So I decided to come to Tampa.
11:46:39AM And to work with the homeless, either as a provider or as an
11:46:43AM advocate.
11:46:44AM I used to operate a shelter with 110 beds and one for 250
11:46:49AM beds, 365 beds in one night.
11:46:51AM But what we do at the shelter, we had pickup and dropoff
11:46:55AM points.
11:46:56AM We contract with a bus company.
11:46:58AM We go to the locations where the homeless are.
11:47:01AM And we pick them up from the certain location, bring them to
11:47:04AM our shelter.
11:47:05AM Always an available beds.
11:47:06AM They get their breakfast, but the provider must provide case
11:47:10AM management.
11:47:11AM We cannot continue to give money unless we provide case
11:47:15AM management.
11:47:15AM And the problems of the case management is that the clients
11:47:18AM can sit with the caseworker and we find the needs
11:47:24AM assessment.
11:47:24AM And we have them meet with us once a week and then we
11:47:27AM provide them housing.
11:47:28AM And what we do, we pick them up in desk time and in the
11:47:31AM morning, big buses, 40 feeter.
11:47:34AM They come in one drove.
11:47:35AM Come to the shelter, come in the shelter, in the morning
11:47:38AM those same people that we picked up, they are bussed back,
11:47:41AM transported back to the location where they picked up.
11:47:44AM We also have a thing called an access center.
11:47:49AM I have a concept paper here that Councilman Reddick, I met
11:47:53AM him in Walmart today.
11:47:54AM Saw him, I recognized him and I approached him and told me
11:47:59AM what my purpose here.
11:48:00AM We have a thing called the homeless intervention connection
11:48:04AM and reintegration access one stop center.
11:48:06AM And this center has an array of services at one location.
11:48:10AM Currently I have a building available, it's an 8,000 square
11:48:14AM foot building.
11:48:15AM It has about ten toilets four urinal also.
11:48:18AM A kitchen and it's available in an area where there is
11:48:21AM almost 200 homeless people there.
11:48:23AM So, I think we should delay just so we can maybe have a task
11:48:27AM force with homeless providers and stakeholders, so we can
11:48:31AM continue to brainstorm and look at new ideas, what works for
11:48:35AM Los Angeles I promise you, Los Angeles gets $74 million a
11:48:40AM year through the C of C.
11:48:43AM I believe if we advocate with the ICH more, we can get some
11:48:47AM of those same monies that Los Angeles gets yearly.
11:48:49AM $74 million.
11:48:50AM So, thank you for your time.
11:48:52AM >>CHARLIE MIRANDA: Thank you very much.
11:48:52AM Before I continue, line 8, item C, I believe was pointed to
11:48:57AM something, and I want to clear that up.
11:48:59AM I'm not a judge.
11:49:00AM But I want to hear the other side, make sure I'm in solid
11:49:04AM ground.
11:49:06AM >>REBECCA KERT: Yes, I did review the changes that I made.
11:49:10AM And it certainly would not be the first time that I made a
11:49:12AM mistake.
11:49:13AM But it actually does say what I wanted it to say.
11:49:15AM It was my understanding from the concerns that were
11:49:18AM expressed at the last meeting, that it was a desire of City
11:49:23AM Council not to just have a one time offer of shelter.
11:49:27AM And then the next time if you had been offered it before,
11:49:33AM and you either took it or refused it and were arrested, you
11:49:36AM would not be offered it again.
11:49:38AM So what that section -- that section does not say that you
11:49:40AM have to be arrested three times before you can be arrested.
11:49:43AM What it says is, even if you are arrested up to three times,
11:49:47AM for each of those times, the second and the third time, we
11:49:50AM will continue to offer you shelter space.
11:49:52AM So it actually does say what I want it to say and if I could
11:49:57AM just -- I'm not aware of what they do privately in Los
11:50:01AM Angeles.
11:50:01AM And I'm sure it sounds wonderful.
11:50:03AM But, as far as the city of Los Angeles, a case recently came
11:50:08AM out where they had a preliminary injunction issued against
11:50:12AM based upon their actions in skid row, which is basically
11:50:16AM going in picking up everyone's stuff and disposing of it.
11:50:19AM Which is what I tried to write the ordinance not to do.
11:50:21AM So, this was not modeled on that portion of what Los Angeles
11:50:25AM does.
11:50:26AM >>CHARLIE MIRANDA: Thank you very much.
11:50:26AM Okay.
11:50:26AM We're only about 11 minutes from break.
11:50:31AM Unless we want to extend it.
11:50:32AM I've got miss Montelione, Ms. Capin and Ms. Mulhern.
11:50:37AM >>LISA MONTELIONE: --
11:50:38AM >>CHARLIE MIRANDA: Excuse me.
11:50:39AM Any other speaker who has not spoken?
11:50:41AM Come forward, please.
11:50:42AM My apologies to you.
11:50:45AM >> My name is the Troy Crump.
11:50:47AM And I don't have is much to add here.
11:50:49AM I applaud all the efforts that people have brought to the
11:50:53AM public's attention today about the homeless issues and all
11:50:57AM the task force, all the ideas.
11:51:00AM I do agree that there's, there's really not enough in place
11:51:05AM yet to go ahead with it.
11:51:07AM And I just, I would like to ask you as your, whether you
11:51:11AM choose to continue this or vote on it today, I'd like to ask
11:51:15AM you to think about, if you were homeless, would you like
11:51:19AM these laws?
11:51:21AM Would you think they are fair?
11:51:22AM Just put yourself in the place of some of the homeless,
11:51:27AM while you're deciding on this.
11:51:29AM And I just want to read something, because I think it really
11:51:32AM speaks to the heart of the problem here about how people see
11:51:35AM the homeless and why there's really, why there's really even
11:51:41AM these ordinances being proposed today.
11:51:45AM It's an article about a psychological study.
11:51:48AM It says that cross cultural research shows that the only
11:51:51AM group that consistently occupies the cold and competent
11:51:55AM contempt quadrant is the economically disadvantaged.
11:51:58AM The homeless, welfare recipients, poor people.
11:52:01AM They're blamed for their misfortune.
11:52:06AM They are neglected and become the targets of active harm.
11:52:09AM Deep seeded patterns may prepare the way for maltreatment.
11:52:12AM There's an area of the brain, the medial prefrontal cortex,
11:52:17AM that is necessary for social perception, she explains.
11:52:19AM Recent imaging research showed no activation of the MPFC in
11:52:25AM response to pictures of homeless people.
11:52:30AM People are not even recognizing them as human.
11:52:32AM I think that's why we're even really discussing these laws
11:52:35AM today.
11:52:36AM And I just ask you to please, just think about what if you
11:52:39AM were homeless and I don't think many of you even think for
11:52:43AM one moment that you could ever end up in that situation.
11:52:45AM But think about it.
11:52:46AM What would you think about these laws?
11:52:48AM What would you think about them really in thanks.
11:52:50AM >>CHARLIE MIRANDA: Thank you very much.
11:52:51AM Anyone else?
11:52:52AM One last time, who has not spoken?
11:52:57AM >> Good afternoon.
11:53:01AM I've been homeless for like a year and a half.
11:53:04AM I wasn't expecting to be in front of you guys here today.
11:53:07AM But wow, it's been a wild ride being homeless.
11:53:14AM We live with people who are, come from different cultures.
11:53:18AM Have different habits, have different issues.
11:53:21AM I mean, at the parks, I've been around the Salvation Army
11:53:27AM shelter area.
11:53:30AM I've been asked by the police to show my ID.
11:53:32AM I have felt harassed by it.
11:53:34AM Since I have a clean, clean criminal record, I want to keep
11:53:39AM it that way.
11:53:40AM And not because I'm homeless people, I got to feel like I'm
11:53:45AM committing a crime, which I have always avoided to.
11:53:50AM I could go on and on and give you and tell you a bunch of
11:53:54AM stories about me or other homeless people that I have met
11:54:00AM during this year and a half, being on the streets of Tampa.
11:54:03AM
11:54:08AM That's all I got to say for now.
11:54:10AM >>CHARLIE MIRANDA: Thank you very much, sir.
11:54:12AM >> Just brings a lot of memories.
11:54:14AM >>CHARLIE MIRANDA: Thank you very much.
11:54:14AM Let me make a couple statements.
11:54:16AM This ordinance is not perfect.
11:54:17AM There's no ordinance that are perfect.
11:54:21AM I don't think of anything in life that is perfect.
11:54:24AM I can say that we have laws against speeding.
11:54:29AM We have officers giving tickets for those who speed.
11:54:33AM And we only talking about a very minority percentage that
11:54:37AM are receiving the tickets.
11:54:39AM If you speak today, somebody is more likely along this
11:54:44AM country got robbed.
11:54:45AM That ordinance is in place, but they still rob.
11:54:47AM Someone got killed, got murdered.
11:54:50AM There's laws against that.
11:54:52AM There's laws against everything.
11:54:56AM What I'm trying to say is, this is a tart, not the end.
11:54:59AM Hopefully, this police department can come and give us a
11:55:06AM report in the future if this is passed -- and this is going
11:55:09AM to be a close vote.
11:55:10AM I think you're wising up and understand what Councilmembers
11:55:14AM have spoken.
11:55:14AM I don't expect this thing to pass unanimously.
11:55:17AM I don't expect it to pass by a very slim margin, if it
11:55:21AM passes at all.
11:55:21AM But, we can delay this for six weeks or six years.
11:55:26AM And at the end, there's really no beginning there.
11:55:31AM There's just an end.
11:55:32AM And what I'm saying is, all those that have spoken are
11:55:38AM correct.
11:55:38AM Or against the ordinance.
11:55:43AM But somewhere, there's got to be a start.
11:55:46AM Whether this government or other governments get fully
11:55:50AM involved is up to us, the eight elected officials.
11:55:53AM I believe they will.
11:55:54AM But I can say that to attack and attack and attack doesn't
11:56:02AM solve much.
11:56:04AM To try to remedy is only a start.
11:56:07AM There is no silver lining on the other side.
11:56:11AM This ordinance may fail.
11:56:14AM Even if it does pass.
11:56:15AM But it's got to have a start.
11:56:17AM Got to have a try.
11:56:19AM Got to have a compassion.
11:56:21AM Got to have an understanding of what life is.
11:56:23AM I wish there was no murderers.
11:56:27AM I wish no one got killed in an automobile accident.
11:56:29AM But it does happen every day.
11:56:33AM So what I'm saying is, we got to be cognizant of what we
11:56:38AM have on the start.
11:56:40AM And I'm not going to bore Council with much more.
11:56:42AM I'm going to yesterday an order to Mr. Reddick,
11:56:46AM Ms. Montelione, Ms. Capin, and Ms. Mulhern.
11:56:49AM >>FRANK REDDICK: Thank you, Mr. Chair.
11:56:51AM I just want to say our officers have gone from serve and
11:56:57AM protect to becoming social services cops.
11:57:00AM And if we want to make them social services cops, then they
11:57:06AM need to be reclassified in their position and applying for
11:57:11AM social services agency position, because this is what
11:57:13AM they're going to be become, social services cops.
11:57:17AM Monitoring different areas of this community.
11:57:21AM And I'm in, prepared to still go through with my original
11:57:27AM request and that is to make a motion to delay this, just
11:57:32AM recommendation, this item number 60, for 90 days.
11:57:36AM And Mr. Snelling, ask Mr. Snelling and officer McDonald to
11:57:40AM report back in 90 days, conversation they have had with, not
11:57:47AM only the new officer, manager at Salvation Army, but also to
11:57:52AM incorporate the gentleman who spoke from L.A. and see how we
11:57:56AM can come up with some fresh ideas to make this policy what
11:58:01AM we expected it to be in the City of Tampa.
11:58:03AM >> I will take that vote as soon as I have Ms. Montelione,
11:58:06AM managers Capin and Ms. Mulhern have the right to speak.
11:58:10AM And then we'll go right into that request of yours, sir.
11:58:13AM Do I have a second by Miss Mulhern on your request.
11:58:16AM But I got to go in order.
11:58:18AM Ms. Montelione, Mr. Capin, and Miss Mulhern.
11:58:21AM >>LISA MONTELIONE: Thank you, sir.
11:58:22AM The city of Los Angeles was one of the areas that were
11:58:26AM looked at and discussed.
11:58:28AM And in some of the groups and meetings that I've been
11:58:32AM involved in.
11:58:33AM And the city of Los Angeles has a dedicated funding source
11:58:37AM for homeless services.
11:58:39AM Much in the same way as the city of Miami has a dedicated
11:58:42AM funding source for homeless services.
11:58:45AM There are many places around the country who have the
11:58:48AM funding that we do not have.
11:58:50AM We do not have a dedicated funding source for homeless
11:58:54AM services.
11:58:55AM And that's one of the things that Councilman Cohen was with
11:59:00AM me at the hope Nehemiah action.
11:59:03AM We were both on the staged and were asked about working, if
11:59:07AM we would commit to working on establishing a dedicated
11:59:10AM homeless funding source.
11:59:12AM And Los Angeles uses tobacco funds.
11:59:16AM They placed an additional tax, which is why if you buy
11:59:20AM cigarettes in Los Angeles, it's a lot more expensive than
11:59:23AM they are here.
11:59:23AM There's an additional tax waged on tobacco products.
11:59:26AM And that additional tax money is used to fund homeless
11:59:30AM services.
11:59:30AM So we can talk about other places, but we have looked at all
11:59:35AM of these things before.
11:59:36AM And that's part of my frustration is, all of these things
11:59:40AM have been discussed before.
11:59:41AM And I'm not in support of delaying this because as captain
11:59:45AM Hamlin pointed out, this ordinance, if we don't have shelter
11:59:48AM space, if we don't have places to take the individuals,
11:59:50AM they're not going to be arrested.
11:59:52AM The ordinance is fine.
11:59:55AM I think we have worked hard to bring it to the place it is
12:00:00PM now.
12:00:00PM I mean, I wish we didn't have a need for this ordinance.
12:00:04PM In my heart of hearts, that's what I, you know, would really
12:00:08PM love to not be sitting here and not be having this
12:00:12PM conversation because we don't have a homeless issue in the
12:00:14PM city.
12:00:15PM But that is not realistic.
12:00:17PM It's not realistic anywhere in the country.
12:00:20PM It's not realistic anywhere in the world.
12:00:22PM There are going to be homeless people.
12:00:24PM There are always going to be homeless people.
12:00:26PM No matter how many beds, how many shelters, there are also
12:00:29PM going to be homeless individuals, because there are
12:00:32PM circumstances that put new people into the system every day.
12:00:35PM Whether it's a foreclosure, whether it's a medical problem,
12:00:38PM whether you know, it's being thrown out by your parents,
12:00:42PM there are always going to be people who find themselves
12:00:45PM suddenly homeless with nowhere else to go.
12:00:47PM So, I am in support of the ordinance.
12:00:50PM I'm in support of passing it today.
12:00:52PM We continue to work on all these issues, 90 days as captain
12:00:58PM Hamlin said, 90 days is not going to all of a sudden give us
12:01:06PM a facility.
12:01:07PM It's not going to give us a new program.
12:01:09PM These are long-term solutions, yes, and they're going to be
12:01:14PM continued solutions that we need to work on.
12:01:18PM >>CHARLIE MIRANDA: I need an extension of time, Mr. Suarez.
12:01:20PM >>MIKE SUAREZ: So moved.
12:01:24PM >>CHARLIE MIRANDA: Mr. Suarez, 15 minutes, second by
12:01:25PM Mr. Cohen.
12:01:26PM All in favor of the motion, please indicate by saying aye.
12:01:27PM Opposed nay.
12:01:29PM The ayes have it unanimously.
12:01:29PM >>LISA MONTELIONE: Thank take you.
12:01:30PM And when we talk about a facility or we talk about many
12:01:33PM facilities, do we talk about one or two dozen?
12:01:35PM I want to remind my fellow Councilmembers that when
12:01:38PM individuals come here for a rezoning request, or a special
12:01:40PM use application, because they need to locate a shelter in a
12:01:44PM place where it's not existed before, we need to support
12:01:49PM those applications.
12:01:51PM And oftentimes, it's a not in my backyard issue that comes
12:01:56PM to us.
12:01:56PM And we -- if we hopefully find additional locations, there's
12:02:02PM one going in my district, hopefully, cross my fingers.
12:02:05PM It's going to be soxful.
12:02:07PM I'm going to have to answer to my constituents why there's a
12:02:10PM homeless facility in my district.
12:02:12PM So, just keep that in mind as we go forward.
12:02:15PM Because that was one of the locations that I was able to
12:02:19PM find with the homeless first people.
12:02:21PM And they're working on that location as we speak.
12:02:23PM So, it's one day at a time, as captain Hamlin spoke.
12:02:30PM Thank you for that.
12:02:31PM >>CHARLIE MIRANDA: Thank you.
12:02:32PM Ms. Capin?
12:02:33PM >>YVONNE CAPIN: Yes.
12:02:33PM When we referring to facilities, when Mr. Snelling got up,
12:02:42PM he referred to it as warehousing.
12:02:44PM When the administration refers to housing and the
12:02:50PM recommendations of City Council as warehousing, it tells you
12:02:54PM it's very telling, very telling of this.
12:02:58PM And another attack, attack, attack.
12:03:02PM No, we have sat here, solutions, no.
12:03:05PM And you know what in people put themselves to be leaders.
12:03:08PM Well, lead.
12:03:08PM That's what we're looking at.
12:03:10PM That's why we're here.
12:03:11PM That's what we're trying to do.
12:03:13PM Now, when I heard -- I cringed when I heard Mr. Snelling say
12:03:23PM warehouse.
12:03:24PM In reference to something like Pinellas hope.
12:03:30PM And that to me --
12:03:35PM >>LISA MONTELIONE: I'm sorry.
12:03:36PM I said that.
12:03:37PM >>YVONNE CAPIN: He said it.
12:03:38PM >>CHARLIE MIRANDA: Please, please.
12:03:39PM >>YVONNE CAPIN: I have the floor.
12:03:40PM >>CHARLIE MIRANDA: On both sides, please.
12:03:42PM >>YVONNE CAPIN: I have the floor.
12:03:42PM This is -- this is a huge, huge issue.
12:03:53PM And you know?
12:03:54PM I can't tell what the future is going to bring.
12:03:56PM But I know what the past brought.
12:03:59PM We passed a panhandling ordinance two years ago in
12:04:05PM September.
12:04:05PM And two years have passed, and now we're looking at -- this
12:04:14PM is exactly what was said was going to happen.
12:04:17PM Because there is, you know, our hands are tied because we're
12:04:21PM the city and the county controls the social services.
12:04:24PM Well, we -- the City Council did reach out to the county
12:04:29PM commission.
12:04:29PM I met with Commissioner Sandy Murman, who is the point
12:04:35PM person for the homeless in the county.
12:04:39PM So the City Council did reach out to the county to help us
12:04:45PM with this.
12:04:46PM We are this county seat, the City of Tampa.
12:04:49PM We are the economic engine.
12:04:51PM This is an economic issue.
12:04:53PM And you know, this is a start.
12:04:59PM So was the panhandling.
12:05:01PM So I can't tell the future, but I do know what happened in
12:05:04PM the past.
12:05:05PM And for that reason, and also in the ordinance, that three
12:05:10PM mile distance will put them, can put them in Pinellas
12:05:16PM County.
12:05:17PM And then that we have to provide public transportation.
12:05:21PM I have a very concern with that.
12:05:27PM That we can actually drop them off and drop people off, not
12:05:32PM them -- people.
12:05:35PM So -- and I agree, the parks are not anywhere where people
12:05:42PM should live.
12:05:43PM And everyone has a right.
12:05:44PM These parks belong to everyone in the city.
12:05:48PM And it isn't -- you know what?
12:05:51PM When businesses come here and they're looking to our city to
12:05:56PM transfer here, their business, their corporations and they
12:06:01PM come in to our city core and see these people sleeping and
12:06:08PM living in the park, that image is a very poor image of our
12:06:13PM city.
12:06:14PM That we have not provided anywhere else for these people to
12:06:21PM be.
12:06:21PM This is trying to be a start, but it's not complete.
12:06:30PM And this ordinance isn't complete.
12:06:32PM And therefore, I will support the continuance.
12:06:38PM >>CHARLIE MIRANDA: All right.
12:06:38PM We go back to the continuance.
12:06:40PM I have a motion by Mr. Reddick, I have a second by
12:06:42PM Miss Mulhern for continuation of item number 60.
12:06:45PM You all ready for the vote in I don't think this is a roll
12:06:48PM call vote.
12:06:50PM We're taking about the delay.
12:06:51PM So, all in favor of the motion made by Mr. Reddick, second I
12:06:56PM by Miss Mulhern for 60 day continuance -- 90 days
12:07:01PM continuance -- October 17th at 9:30 a.m.
12:07:06PM That's the original motion made by Mr. Reddick, second by
12:07:09PM Miss Mulhern.
12:07:10PM Please signify by sighing aye.
12:07:12PM Opposed nay?
12:07:16PM >>THE CLERK: I believe the motion face.
12:07:18PM >>CHARLIE MIRANDA: Let's have a voice roll call.
12:07:20PM >>MIKE SUAREZ: No.
12:07:22PM >>YVONNE CAPIN: Yes.
12:07:24PM >>FRANK REDDICK: Yes.
12:07:28PM >>HARRY COHEN: No.
12:07:30PM >>LISA MONTELIONE: No.
12:07:31PM >>CHARLIE MIRANDA: No.
12:07:33PM >>THE CLERK: The motion failed 3-4, with Suarez, Cohen,
12:07:38PM Montelione and Miranda voting no.
12:07:41PM >>CHARLIE MIRANDA: Okay, I told you it would be a tight
12:07:43PM vote.
12:07:44PM And anything that came up on item number 60.
12:07:46PM We have listened to the public.
12:07:51PM We have debated it among Councilmembers.
12:07:59PM We have taken information.
12:08:01PM We have heard both sides of the issue.
12:08:03PM Who wants to read this ordinance?
12:08:05PM >>LISA MONTELIONE: I do, sir.
12:08:06PM >>CHARLIE MIRANDA: Ms. Montelione?
12:08:07PM >>LISA MONTELIONE: Thank you.
12:08:12PM >>YVONNE CAPIN: Point of order.
12:08:13PM >>CHARLIE MIRANDA: What's the point?
12:08:14PM >>YVONNE CAPIN: On the ordinance, I'd like to propose an
12:08:17PM amendment to the ordinance.
12:08:22PM >>CHARLIE MIRANDA: Well, you have to ask the legal
12:08:23PM department to address that.
12:08:25PM Not I.
12:08:27PM >> What you can have, you can have the motion on the floor
12:08:30PM and then do a motion to amend.
12:08:33PM >>LISA MONTELIONE: I have to read the ordinance.
12:08:37PM >> Is the hearing still open?
12:08:39PM >>CHARLIE MIRANDA: I don't believer I closed the hearing.
12:08:41PM >>CHARLIE MIRANDA: Have a motion to close by Ms. Montelione,
12:08:43PM seconded by Mr. Suarez to close the hearing.
12:08:45PM All in favor of the motion, please indicate by saying aye.
12:08:46PM Opposed nay.
12:08:48PM Hearing is not closed 6-1.
12:08:53PM That was to close the hearing.
12:08:55PM Revote.
12:08:55PM I have a motion by Ms. Montelione, second by Mr. Suarez to
12:08:58PM close the public hearing on item number 60.
12:09:01PM All in favor of the motion, please indicate by saying aye.
12:09:03PM Opposed nay.
12:09:05PM Hearing is now closed.
12:09:07PM The order is to read the ordinance and then to amend, is
12:09:11PM that it?
12:09:12PM >> That would be appropriate.
12:09:13PM >>CHARLIE MIRANDA: Okay, Ms. Montelione.
12:09:15PM >>LISA MONTELIONE: Thank you.
12:09:15PM I move a substitute ordinance, an ordinance of the City of
12:09:20PM Tampa, Florida making revisions to Tampa city code of
12:09:24PM ordinances chapter 14 offenses, creating section 14-50
12:09:28PM through section 14-53, regulating behavior in public spaces,
12:09:34PM repealing all ordinances or parts of ordinances in conflict
12:09:34PM therewith; providing for severability; providing an
12:09:37PM effective date.
12:09:39PM >> Second.
12:09:39PM >>I have a motion by Ms. Montelione, I have a second by
12:09:41PM Mr. Suarez.
12:09:42PM This is a roll call vote.
12:09:51PM >>LISA MONTELIONE: Request for amendment.
12:09:53PM >>CHARLIE MIRANDA: Okay.
12:09:53PM Mr. Capin?
12:09:55PM >>YVONNE CAPIN: I'd like to add, amend the motion to, for
12:10:03PM this ordinance to sunset on January 18th.
12:10:11PM >> What year?
12:10:12PM >>YVONNE CAPIN: The ordinance to sunset on January 18th.
12:10:15PM That would be six months from now.
12:10:17PM 2014.
12:10:23PM At that point, it may be brought back.
12:10:27PM And if everyone thinks this is such a great beginning, it
12:10:30PM should be a no-brainer.
12:10:33PM >>CHARLIE MIRANDA: Let me speak about the no-brainer.
12:10:35PM I have a motion by Mrs. Capin, second by Mr. Reddick.
12:10:38PM I'm a no-brainer.
12:10:41PM I also have no hair.
12:10:42PM [ Laughter ]
12:10:43PM >>CHARLIE MIRANDA: But I can tell you this.
12:10:45PM It only takes four votes to change an ordinance.
12:10:47PM To sunset an ordinance, same thing as changing an ordinance.
12:10:51PM So if someone would like to bring that up 30 days after this
12:10:55PM ordinance passes, let's wait six months, two months, five
12:10:59PM months, six months, a year, it can be done with this Council
12:11:02PM or any other Council.
12:11:04PM So these the only reason -- I'm not against you, but all you
12:11:08PM need is four votes to change any ordinance.
12:11:10PM >>YVONNE CAPIN: I understand.
12:11:11PM I still --
12:11:13PM >>CHARLIE MIRANDA: All right.
12:11:13PM We have a motion by Mrs. Capin -- I have a motion by
12:11:18PM Mrs. Capin --
12:11:20PM >>LISA MONTELIONE: Excuse me, don't I have to accept the
12:11:22PM amendment?
12:11:25PM >> She made a motion to amend.
12:11:26PM That was second it by Mr. Reddick.
12:11:30PM >>CHARLIE MIRANDA: So, I think I have to take a vote.
12:11:34PM >> On the amendment.
12:11:35PM >>CHARLIE MIRANDA: The amendment first before I go to the
12:11:37PM roll call vote.
12:11:38PM I have a motion by Mrs. Capin, state it again for the
12:11:41PM record.
12:11:42PM >>YVONNE CAPIN: To sunset on January 18, 2014.
12:11:45PM >>CHARLIE MIRANDA: Motion by Ms. Capin on that said date,
12:11:48PM said year, second bring Reddick on that vote, to sunset.
12:11:51PM All in favor of that motion, please indicate by saying aye.
12:11:56PM >> Are we just voting on the amendment?
12:11:58PM >>CHARLIE MIRANDA: On the amendment.
12:11:59PM I have a motion for that.
12:12:02PM I have Ms. Capin made the motion, second by Mr. Reddick.
12:12:05PM And the vote is taken on, for approval for the sunset.
12:12:09PM All those against that, please signify by saying no.
12:12:15PM Roll call by voice.
12:12:18PM >>MIKE SUAREZ: No.
12:12:20PM >>YVONNE CAPIN: Yes.
12:12:21PM >>FRANK REDDICK: Yes.
12:12:22PM >>MARY MULHERN: Yes.
12:12:24PM >>HARRY COHEN: No.
12:12:25PM >>LISA MONTELIONE: No.
12:12:26PM >>CHARLIE MIRANDA: No.
12:12:28PM >>THE CLERK: The motion fails 3-4 with Suarez, Cohen,
12:12:33PM Miranda and Montelione voting no.
12:12:35PM >>CHARLIE MIRANDA: Okay, we go back to the original motion.
12:12:40PM Ordinance was read by Ms. Montelione, second by Mr. Suarez.
12:12:42PM Roll call vote, vote and record.
12:12:52PM >>THE CLERK: Motion carried with Capin and Reddick voting
12:13:03PM no.
12:13:04PM >>CHARLIE MIRANDA: Yes, ma'am?
12:13:06PM >>MARY MULHERN: I need to revote.
12:13:07PM I'm sorry.
12:13:08PM I thought we were voting on the ordinance.
12:13:10PM >>CHARLIE MIRANDA: Let me explain again what it is.
12:13:12PM It is the passage of item number 60.
12:13:15PM If you vote yes, you vote for it.
12:13:17PM If you vote no, you vote against.
12:13:18PM Roll call vote, vote and record.
12:13:23PM >>THE CLERK: Motion carried with Capin, Reddick and Mulhern
12:13:31PM voting no.
12:13:33PM >>CHARLIE MIRANDA: Thank you very much.
12:13:34PM We stand adjourned.
12:13:36PM I'm going to give an hour and a half so we could have lunch
12:13:41PM and go wherever you like.
12:13:42PM All of those in the audience, we stand adjourned to 1:45.
12:13:46PM
TAMPA CITY COUNCIL
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Tampa City Council
Thursday, July 18, 2013
1:45 p.m. Session
DISCLAIMER:
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
01:48:32 >>CHARLIE MIRANDA: City Council is called to order.
01:54:44 Roll call.
01:54:44 >>FRANK REDDICK: Here.
01:54:49 >>HARRY COHEN: Here.
01:54:50 >>LISA MONTELIONE: Here.
01:54:51 >>CHARLIE MIRANDA: Here.
01:54:53 And we are going to open some meetings and hold them and
01:54:58 continue with the agenda at 61.
01:54:59 >>MARY MULHERN: Then we are going to jump to 80 for a
01:55:02 minute.
01:55:02 I need a motion from council, public hearings, open 64 and
01:55:08 65.
01:55:08 These are nonquasi-judicial and we are going to receive and
01:55:14 file all the documents on 64 and 65.
01:55:16 >>MARY MULHERN: I have a motion by Mrs. Montelione.
01:55:18 Second by Mr. Cohen.
01:55:19 All in favor of that motion?
01:55:21 I need to open hearings on nonquasi-judicial 66.
01:55:28 Motion by Mr. Reddick.
01:55:30 Second by Mrs. Montelione on 66.
01:55:32 All in favor?
01:55:33 The ayes have it unanimously.
01:55:35 Also receive and file.
01:55:36 Receive and file the documents on item 67 and 68.
01:55:41 Need to open that public hearing.
01:55:43 Motion by Mrs. Montelione to receive and file on 67 and 68
01:55:46 to be open.
01:55:48 Seconded by Mr. Cohen.
01:55:49 All in favor of the motion please indicate by saying aye.
01:55:51 Opposed nay.
01:55:52 >>MARTIN SHELBY: Mr. Chairman, item 67 --
01:55:58 >>CHARLIE MIRANDA: I know it's going to be removed.
01:55:59 I know it.
01:56:02 The public hearings 69 and 70.
01:56:07 Judicial hearings.
01:56:08 Need a motion to open 69 and 70.
01:56:11 Motion by Mrs. Montelione.
01:56:13 Second by Mr. Cohen.
01:56:14 All in favor of the motion?
01:56:15 Opposed?
01:56:15 The ayes have it unanimously.
01:56:18 Item number 71 is a quasi-judicial proceeding.
01:56:26 Receive and file all the document.
01:56:28 Motion by Mrs. Montelione, second by Mr. Cohen.
01:56:30 All in favor of the motion?
01:56:32 Opposed?
01:56:32 Motion passes unanimously.
01:56:34 All the public hearings are now open.
01:56:35 We are going to handle 61 hopefully and then we are going to
01:56:39 go to 80 on a special request of some time constraints that
01:56:43 we have with individuals.
01:56:45 61.
01:56:46 >>ERNEST MUELLER: Assistant city attorney.
01:56:50 We are here for second reading, an ordinance making some
01:56:53 changes to sections 19-4 and 19-5.
01:57:01 I explained them at the first hearing.
01:57:03 If you have questions, or if you need me to explain any
01:57:05 further.
01:57:06 >>CHARLIE MIRANDA: Thank you very much.
01:57:07 Any questions by council members at this time?
01:57:10 This is a second hearing proceeding on item number 61.
01:57:13 Anyone in the audience care to speak on item 61?
01:57:16 61, please come forward.
01:57:18 I see in one.
01:57:20 I have a motion to close by Mr. Reddick, second by Mrs.
01:57:23 Montelione.
01:57:24 All in favor?
01:57:25 Opposed?
01:57:25 The ayes have it unanimously.
01:57:27 Mr. Reddick, would you kindly take number 61, please, sir?
01:57:30 >> Move answer ordinance presented for second reading and
01:57:34 adoption, an ordinance of the city of Tampa, Florida
01:57:36 relating to enforcement of city code, making revision to the
01:57:39 City of Tampa code of ordinances, chapter 19, property
01:57:44 maintenance, structure standards, 19-4, department of code
01:57:49 enforcement, duties and scope of authority of the director,
01:57:52 amending section 19-5, authority of the director, repealing
01:57:56 all ordinances or parts of ordinances in conflict therewith,
01:57:59 providing for severability, providing an effective date.
01:58:03 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.
01:58:05 Seconded by Mr. Cohen.
01:58:06 This is second reading.
01:58:07 So roll call vote.
01:58:09 Vote and record.
01:58:18 >>THE CLERK: Motion carried with Capin, Suarez and Mulhern
01:58:21 being absent at vote.
01:58:23 >>CHARLIE MIRANDA: Let me just say that all those
01:58:25 petitioners that are in the audience, we have four council
01:58:28 members.
01:58:28 That means that every ordinance has to pass unanimously, by
01:58:32 the four of us here now.
01:58:34 If you want to continue this matter, you are entitled to
01:58:36 continue, if you don't like -- don't feel comfortable having
01:58:39 only four members decide, you are entitled to that.
01:58:42 We go to item number 80 real quick.
01:58:49 This is a public hearing.
01:58:50 Is petitioner here?
01:59:04 >> We need to open p the public hearing?
01:59:07 >>CHARLIE MIRANDA: No.
01:59:08 They are open.
01:59:08 We opened them already.
01:59:12 >> Number 80.
01:59:19 >>CHARLIE MIRANDA: This is quasi-judicial.
01:59:21 Anyone speaking on this item must be sworn in.
01:59:23 Anyone that's going to speak on 0 -- in fact anyone that's
01:59:26 going to speak on 78 through 81 should be sworn in at this
01:59:29 time.
01:59:30 (Oath administered by Clerk)
01:59:32 All right.
01:59:38 Let's go.
01:59:40 >>GLORIA MOREDA: Land development.
01:59:41 The petition is V-13-80.
01:59:46 It involves property at 6401 North Florida Avenue, and the
01:59:52 request is for small venue, beer and wine, on premises,
01:59:56 consumption, and package sales consumption off preemption.
02:00:00 The petitioners are asking for a waiver of criteria, along
02:00:05 the mixed use corridor village.
02:00:08 They are asking to wave the distance from other AB
02:00:14 establishments from 250 to 123 feet, reduction to
02:00:21 residential uses is 250 feet to 60 feet, and they are asking
02:00:26 for reduction of off-street parking from ten spaces to six
02:00:31 spaces.
02:00:34 The establishments being requested is for a microbrewery.
02:00:40 It's for a one-story existing structure, and they will have
02:00:44 a tasting room associated with it.
02:00:49 The building contains 2,897.17 square feet, interior sales
02:00:55 area only.
02:00:57 They will be having tours within the brewery area.
02:01:02 The actual tasting room, though, is about a third of the
02:01:05 square footage of the property.
02:01:06 The total occupancy of the use will be 70.
02:01:11 They are asking for reduction in parking.
02:01:15 The site plan shows a one 88 space standard and one
02:01:22 motorcycle.
02:01:29 I have the map that shows the location.
02:01:30 The property is on Florida Avenue.
02:01:32 At the corner of -- it is in the Seminole Heights area.
02:01:41 I have a revision sheet as well as the police reports that I
02:01:46 can give to City Council.
02:01:49 But staff found the request inconsistent with code.
02:01:55 >>CHARLIE MIRANDA: Thank you very much.
02:01:56 Police office?
02:01:57 >> Officer Don Miller, City of Tampa police department.
02:02:00 We have no objection.
02:02:02 >>CHARLIE MIRANDA: Thank you.
02:02:02 Petitioner?
02:02:26 >> Commissioners, thank you for hearing this application,.
02:02:41 >> Need your name and address.
02:02:44 >> I'm sorry.
02:02:45 Greg barnhill, 219 south Glen ARBON Avenue in Temple
02:02:51 Terrace.
02:02:52 The site plan that is displayed should be in your package,
02:02:55 also, but it is therefore referenced if need be.
02:03:01 The building is property that has been vacant and in
02:03:05 disrepair for approximately ten years, in the Seminole
02:03:08 Heights neighborhood.
02:03:10 We are proposing to have the microbrewery come in and do
02:03:19 manufacturing and small tasting room.
02:03:24 On the overhead is the artist rendering of the proposed
02:03:28 repairs to the building and improvements
02:03:33 , different from what you see on the site plan.
02:03:36 Angry chair microbrewery has been put into a ten year lease
02:03:40 for this location.
02:03:41 Their hours are actually limited in comparison to the other
02:03:45 restaurants and alcohol serving the establishment from the
02:03:51 neighborhood.
02:03:51 Monday through Friday, they are proposed 4 to 11.
02:03:55 Saturday 12 to 12.
02:03:56 And Sunday 12 to 9.
02:03:59 There is no consumption of alcohol outside of the building.
02:04:03 There's no exterior seating outside of the building.
02:04:06 Everything will take place within the footprint of the
02:04:09 existing building.
02:04:14 There is a letter that was supplied in your packet from the
02:04:19 Seminole Heights neighborhood, Old Seminole Heights
02:04:21 neighborhood association.
02:04:23 They are in agreement with the proposed improvements.
02:04:28 It is also the first project that will come through as part
02:04:31 of the form based zoning that has been recently approved and
02:04:35 reviewed by City Council.
02:04:39 The parking, two employees actually will be parking at one
02:04:44 of four, and walking across the street to work in the
02:04:51 establishment.
02:04:53 Additionally, yesterday, I was able to receive a statement
02:04:59 from direct mail services owner, a parcel located at 6301
02:05:05 North Florida Avenue.
02:05:06 She has agreed to allow for overflow parking that may
02:05:12 result.
02:05:13 And for orientation purposes, we will submit that for the
02:05:18 record.
02:05:20 For orientation purposes, the building, the location for the
02:05:25 proposed microbrewery.
02:05:27 The orange parcel is a lot that is owned by Bramlett
02:05:32 services.
02:05:33 They are in the green building the next lot south.
02:05:36 They have a potential for 19 parking spots.
02:05:40 So that will more than address the four that we don't have
02:05:46 on-site.
02:05:47 Additionally, yesterday we received a written notarized
02:05:53 statement from Carlos tavern which is across the street,
02:06:01 Florida Avenue, and again a reference map.
02:06:05 The green hutched building is the property in question
02:06:08 across the street is a double lot that's vacant.
02:06:12 And then also the paved parking for San Carlos at the west
02:06:17 north street on Florida.
02:06:24 So to look at those together, the orange, a vacant parcel,
02:06:28 and then green being existing buildings which have parking
02:06:32 for those businesses.
02:06:34 They both have signed a written statement that will
02:06:37 accommodate for any overflow of parking that will be needed,
02:06:42 which would negate the request for the waiver for the four
02:06:46 parking spaces.
02:06:55 >>CHARLIE MIRANDA: Anything else?
02:06:55 >> No, I believe that would be all, unless you have
02:06:58 questions.
02:06:59 >>CHARLIE MIRANDA: Any questions by council members?
02:07:00 Anyone in the audience care to speak on this item, item
02:07:03 number 80?
02:07:05 80?
02:07:06 V-13-80.
02:07:08 >> My name is Ingrid Smith.
02:07:25 I reside at 5605 north Suwannee Avenue, one block north of
02:07:30 Florida Avenue and outside of the notification ring.
02:07:40 Zoning requests for Seminole Heights.
02:07:42 A few years back, when they moved in found out they did not
02:07:50 want to be in the South Howard neighborhood so unofficially
02:07:52 we created a wet zoning, that if we wanted approval from the
02:07:56 neighborhood would be Sunday through Thursday, up until
02:08:01 midnight, with and then Friday and Saturday, 1 a.m. with
02:08:07 music to stop one hour prior.
02:08:10 They have actually asked for less than what we have been
02:08:12 getting, the refinery, and we have now seem to be coming
02:08:20 home for microbreweries.
02:08:23 This is not a bar, so therefore they don't expect to have
02:08:28 the density of customers coming through.
02:08:32 So their primary business is going to be the manufacturing
02:08:34 of their product.
02:08:37 Therefore, they are not going to have the need for the
02:08:39 parking like a lot of our businesses have to have.
02:08:42 And in Seminole Heights, we are always going to have parking
02:08:45 as an issue.
02:08:47 So the neighboring businesses have learned how to work with
02:08:50 each other, a partnership to help each other out, because
02:08:55 the business is during the day, downtown need the night
02:08:58 parking and vice versa.
02:09:00 It seemed like that worked well for Seminole Heights in the
02:09:03 past eight years so we have sort of unofficially been having
02:09:07 our Seminole Heights wet zoning.
02:09:09 We have not become a nuisance area of Ybor, and South Howard
02:09:13 is still having issues trying to roll back the clock.
02:09:18 So we support this.
02:09:22 And there were people earlier but they couldn't stay for the
02:09:25 afternoon.
02:09:25 So we hope you support this, as well as some of the
02:09:30 accommodations for the walk-out.
02:09:37 But it's been -- along with the different mom and pops in
02:09:45 Seminole Heights.
02:09:46 Thank you.
02:09:48 >>CHARLIE MIRANDA: Thank you very much.
02:09:49 Next, please.
02:09:50 >> My name is NANA robeson, I live also in Seminole Heights
02:09:58 and I'm just actually here for another issue but I came up
02:10:02 to support Greg because I know that all the properties that
02:10:05 he has developed have actually helped Seminole Heights.
02:10:08 We are trying to redevelop it, as you all know, and so I
02:10:11 wanted to give him my support on this.
02:10:13 I think it's a good project and it's definitely a good thing
02:10:15 for Florida Avenue because the building is going to be
02:10:18 rehabbed and will look a whole lot better than it does now.
02:10:22 >>CHARLIE MIRANDA: Thank you very much.
02:10:23 Next, please.
02:10:23 >> Susan Long, 920 East Broad Street.
02:10:31 Smell menu craft beer brewery.
02:10:34 They invested several much money and time into this.
02:10:40 They have refurbished the building that has been vacant for
02:10:43 at least ten years.
02:10:44 I don't know it ever being occupied and I have lived in
02:10:48 Seminole Heights for 17 years.
02:10:49 They made every attempt to make this a friendly attractive
02:10:52 venue.
02:10:53 One of the problems that Seminole Heights faces is parking.
02:11:00 Form based zoning allows shared parking among other things.
02:11:04 There were other reasons for it as well.
02:11:06 This venue has two outside agreements for parking, keep the
02:11:09 residential portion of the neighborhood unencumbered with
02:11:12 the overflow parking.
02:11:15 Numerable people worked tirelessly to work on the corridors
02:11:19 of Seminole Heights and this small brewery would add to the
02:11:21 redevelopment and add to the value of all Seminole Heights
02:11:24 properties.
02:11:24 I urge you to support it.
02:11:26 Thank you.
02:11:27 >>CHARLIE MIRANDA: Thank you very much.
02:11:27 Next, please.
02:11:28 >> Ryan Doulle, 1153 Candlewood court.
02:11:35 Thank you for your time.
02:11:38 We have gone through great strides to partner with the
02:11:41 community.
02:11:41 We have actually went down and spoken to each homeowner and
02:11:46 said, listen, we are coming to the community, we have no
02:11:49 issues whatsoever, and we are a manufacturing company.
02:11:52 We are here to promote jobs, create synergy in Seminole
02:11:56 Heights.
02:11:57 And we are here to help.
02:11:59 We don't wants to be a burden.
02:12:00 That's the last thing I want to be.
02:12:02 So I appreciate that.
02:12:02 Thank you.
02:12:03 >>CHARLIE MIRANDA: Thank you very much.
02:12:04 Anyone else in the audience care tocare to speak on this
02:12:06 item?
02:12:07 Petitioner, you have got five minutes for rebuttal I.don't
02:12:10 think you need it but I have to give that you right.
02:12:12 >> One additional comment, if I might.
02:12:14 >> Oh, my God, you are going to tear down your own star.
02:12:22 >> The other partner Shane and I actually took the time to
02:12:25 go from Florida Avenue to branch, so the houses wouldn't be
02:12:31 impacted.
02:12:31 No one had an issue with the project coming in.
02:12:36 And we have the rehabilitation of the property.
02:12:40 Thank you.
02:12:41 >>CHARLIE MIRANDA: Anything else?
02:12:45 Need a motion to close.
02:12:47 >> Motion to close.
02:12:48 >>CHARLIE MIRANDA: Motion to close by Mrs. Montelione,
02:12:50 second by Mr. Suarez.
02:12:51 All in favor?
02:12:52 Opposed?
02:12:52 The ayes have it unanimously.
02:12:54 I believe it is your turn, Mrs. Montelione, item number 80.
02:12:58 >>LISA MONTELIONE: Nice to see you, Mr. Barnhill.
02:13:04 Number 80.
02:13:07 I was on 61 so let me flip my pages here.
02:13:11 I move an ordinance being presented for first reading
02:13:13 consideration, approving a special use permit S-1 for
02:13:20 alcoholic beverage sales, small venue consumption on
02:13:22 premises and package sales off premises and making lawful
02:13:25 the sale of beer and wine at or from that certain lot, plot
02:13:29 or tract of land located at 6401 North Florida Avenue,
02:13:32 Tampa, Florida as more particularly described in section 2,
02:13:36 that all ordinances or parts of ordinances in conflict are
02:13:39 repealed, providing an effective date.
02:13:40 >> Second.
02:13:44 >> With a revision sheet submitted by staff.
02:13:47 >> Motion by Mrs. Montelione.
02:13:49 Second by Mr. Suarez.
02:13:50 All in favor?
02:13:51 Opposed?
02:13:52 Motion passes unanimously.
02:13:53 Thank you very much.
02:13:54 Second reading?
02:13:55 >>THE CLERK: Second reading will be held August 1st at
02:13:58 9:30 a.m.
02:13:59 And that vote was with Capin being absent at vote.
02:14:04 >>CHARLIE MIRANDA: Thank you very much for attending all of
02:14:05 you.
02:14:05 We go back to item number 62.
02:14:08 62.
02:14:13 Counselor?
02:14:15 >>ERNEST MUELLER: Assistant city attorney here on second
02:14:18 reading of an ordinance that is to correct a scrivener's
02:14:25 error that incorrectly refers to article 6 when it should
02:14:29 have been referring to article 2.
02:14:31 That's in the ordinance 2013-67 passed earlier this year.
02:14:36 Available for questions.
02:14:37 >>CHARLIE MIRANDA: Anyone in the audience care to speak to
02:14:39 item number 62?
02:14:40 This is the second reading coming back for scrivener's
02:14:44 error.
02:14:45 Item 62.
02:14:46 >>MARY MULHERN: Anyone care to speak on it?
02:14:48 Motion to close by Mr. Cohen.
02:14:50 Seconded by Mrs. Montelione.
02:14:51 All in favor of the motion please indicate by saying aye.
02:14:54 Opposed nay.
02:14:55 Motion passes unanimously.
02:14:57 To close.
02:14:58 Mr. Suarez, would you kindly read item number 62?
02:15:01 >>MIKE SUAREZ: I move an ordinance being presented for
02:15:03 second reading and adoption, an ordinance of the city of
02:15:06 Tampa, Florida amending ordinance number 2013-67 passed and
02:15:10 ordained by the City Council of the City of Tampa on May 16,
02:15:15 2013, by correcting a scrivener's error in the body of the
02:15:18 ordinance, replacing article VI with article II, providing
02:15:23 for repeal of all ordinances in conflict, providing for
02:15:26 severability, providing an effective date.
02:15:30 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr.
02:15:32 Reddick.
02:15:33 Roll call vote.
02:15:34 Vote and record.
02:15:40 >>THE CLERK: Motion carried unanimously.
02:15:50 >>CHARLIE MIRANDA: Item number 63.
02:15:51 >>ERNEST MUELLER: City attorney.
02:15:58 This is ordinance for second reading that is amending
02:16:01 chapter 23.5, to add in additional code provisions to allow
02:16:05 for civil citation enforcement, code sections deal with
02:16:10 chapter 22, and 25, which is in the transportation area.
02:16:15 And a couple of code sections pertain to the excessive
02:16:21 noise, which you passed earlier today.
02:16:24 I'm available for any questions.
02:16:26 >>CHARLIE MIRANDA: Thank you very much.
02:16:27 Any questions by council members?
02:16:28 Anyone in the audience care to speak on this item, item
02:16:30 number 63?
02:16:33 63?
02:16:34 Please come forward.
02:16:35 >> Move to close.
02:16:38 >> Second.
02:16:39 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.
02:16:40 I see no one coming forward.
02:16:42 Second by Mr. Cohen.
02:16:43 All in favor?
02:16:43 The hearing is now closed.
02:16:45 Mr. Cohen, 63, please.
02:16:46 >>HARRY COHEN: I move an ordinance being presented for
02:16:49 second reading and adoption.
02:16:52 An ordinance of the city of Tampa, Florida relating to
02:16:54 violations and penalties making revisions to the City of
02:16:57 Tampa code of ordinances, amending chapter 23 .5,
02:17:02 supplemental enforcement procedures, amending section 23
02:17:05 .5-5, schedule of violations and penalties, repealing all
02:17:10 ordinances or parts of ordinances in conflict therewith,
02:17:14 providing for severability, providing an effective date.
02:17:17 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen for
02:17:18 approval.
02:17:19 Second by Mr. Suarez.
02:17:20 Roll call vote.
02:17:22 Vote and record.
02:17:34 >>THE CLERK: Motion carried with Mulhern being absent at
02:17:37 vote.
02:17:40 >>CHARLIE MIRANDA: We go back to transportation committee
02:17:41 chair, Mrs. Yolie Capin on 52.
02:17:47 >>YVONNE CAPIN: Thank, chair and council members for their
02:17:49 indulgence on this item.
02:17:51 I have spoken with Sonya Little, and those numbers will be
02:17:55 coming to me, and we talked about where they are coming
02:17:57 from.
02:17:58 So I would like to go ahead and move number 52.
02:18:01 >> Second.
02:18:03 >>CHARLIE MIRANDA: Motion for approval by Mrs. Capin, second
02:18:05 by Mrs. Montelione.
02:18:06 All in favor?
02:18:07 Opposed?
02:18:07 The motion passes unanimously.
02:18:09 Thank you all very much.
02:18:12 We go to item 64.
02:18:14 These hearings were opened.
02:18:15 We received and filed all the documents, and everyone that
02:18:19 we are going to have.
02:18:19 The only thing I would say, these are quasi-judicial
02:18:22 proceedings on 64 and 65.
02:18:25 So that means that if you are going to get the opportunity
02:18:28 to speak, and also on 67 through 68, and also 69 through 70,
02:18:34 and also 71.
02:18:37 So if you are going to speak on these items, you must be
02:18:40 sworn in in order to have the opportunity to speak.
02:18:43 Anyone that's going to speak on those items that I
02:18:45 mentioned, please stand up and get sworn in.
02:18:48 We appreciate it very much.
02:18:49 (Oath administered by Clerk)
02:18:52 >>GLORIA MOREDA: Land development.
02:18:59 This is on second reading for petition V-12-267.
02:19:06 The site plans were received and certified by the zoning
02:19:08 administer.
02:19:10 At the end of the last public hearing I wanted to report
02:19:18 back that staff did meet with the transportation division
02:19:20 and the applicant to discuss the process of reviewing the
02:19:22 valet parking.
02:19:25 Transportation does review the review of the activity in the
02:19:29 public right-of-way.
02:19:30 They do circulate the application to the zoning office so
02:19:33 that we can verify the property being used for parking does
02:19:38 meet code requirements.
02:19:41 At this time the applicant has not submitted a formal
02:19:43 application for valet parking.
02:19:47 Staff in and remains concerned about the enforceability of
02:19:50 the condition as it relates to the valet parking, and the
02:19:56 impact the valeting of 71 parking spaces will have on the
02:20:01 residential area.
02:20:05 Approval of this application, will waive 71 of the required
02:20:11 75 off-street parking spaces for the restaurant use.
02:20:15 They have an occupancy of 295.
02:20:19 Staff has found this inconsistent.
02:20:21 Transportation planning has done a sketch of how the valet
02:20:27 operation will function on this property.
02:20:32 There's 45 feet on the north side of Azeele that we will be
02:20:36 able to accommodate the valet.
02:20:39 Depends on how cars will approach the property, they'll have
02:20:46 to go through the neighborhood back to the other drop-off
02:20:50 here.
02:20:51 They come through the neighborhood.
02:20:52 They would have basically two spaces for the valeting.
02:21:00 Staff again is concerned about this, and we find the request
02:21:04 inconsistent with city code requirements.
02:21:06 >>MARY MULHERN: Ms. Moreda, we are having problems.
02:21:13 We couldn't hear.
02:21:14 Could you repeat what you just said because we couldn't see
02:21:17 the diagram.
02:21:19 >>GLORIA MOREDA: On the north side of Azeele, about 45 feet
02:21:21 area where they will be able to stage the valet activity,
02:21:25 which will accommodate about two cars.
02:21:29 If a car is coming off of Howard, it will have to turn on
02:21:33 Azeele, move back around, so that they can then drop off on
02:21:37 this property.
02:21:38 Otherwise, the cars are going to have to be coming in from
02:21:42 Azeele to drop in.
02:21:45 You know, that is a residential area.
02:21:47 We have serious concerns about valeting 71 parking spaces
02:21:53 for this use.
02:21:54 >> Mr. Suarez?
02:22:06 >>MIKE SUAREZ: Would you come back up here?
02:22:12 What you drew there, that is the recommendation of
02:22:17 transportation?
02:22:17 Or is this something that was part of the site plan?
02:22:20 Because I don't remember seeing this as part of the site
02:22:22 plan.
02:22:22 >> It is not part of the site plan.
02:22:25 The transportation planning division, we looked at this
02:22:29 location, and knowing the required setback off the
02:22:33 intersection basically scaled off what area would be
02:22:37 available for a valet operation at this location.
02:22:41 >> And is this something that shouldn't be part of the --
02:22:46 should be part of the site plan in order --
02:22:47 >> No.
02:22:48 >> They don't need to do that?
02:22:49 That's just your recommendation based on the total number of
02:22:52 spaces that are needed and the valet operation that they say
02:22:55 they are going to put in place?
02:22:57 >> This is what they are indicating that they are going to
02:22:59 valet 71 parking spaces.
02:23:02 >> Right.
02:23:02 >> And at that point to have a valet on the public
02:23:05 right-of-way at this location, this is the constraints of
02:23:09 the site.
02:23:09 >> Thank you.
02:23:10 I appreciate it.
02:23:11 Thank you, chair.
02:23:13 >>CHARLIE MIRANDA: Thank you.
02:23:13 Anyone else?
02:23:14 Petitioner?
02:23:14 >> Good afternoon.
02:23:21 My name is Mark Bentley, 201 North Franklin Street, Tampa
02:23:25 33602 and I have been sworn.
02:23:28 As you recall two weeks ago at the hearing, the petition was
02:23:32 approved subject to approval on second reading.
02:23:36 As Ms. Moreda indicated, plans have been certified.
02:23:39 We put every condition on the site plan that we discussed ad
02:23:43 nauseam last time.
02:23:44 In my years of practice here in the City of Tampa with
02:23:47 respect to alcoholic beverage petitions, this is probably
02:23:49 the most heavily regulated petition.
02:23:52 I don't need to go into all the conditions relating to hours
02:23:55 of operation nor noise attenuation and things like that.
02:23:58 So at the conclusion of last hearing, Chairman Miranda
02:24:01 expressed some concerns about the availability of valet for
02:24:05 the subject property.
02:24:07 As you recall, we self-impose imposed a condition that we
02:24:10 would provide valet service for the patrons, and that's a
02:24:13 condition of site plan approval.
02:24:15 So hopefully Mr. MIZE makes it through the permitting
02:24:21 process.
02:24:22 He can't get a permit or CO until he confirms that the city,
02:24:25 or actually have that valet permit in hand.
02:24:27 I would like to back up a second.
02:24:30 My client and I met with city transportation, valet people,
02:24:34 including Mr. Jonathan Scott, an attendant, a Ms. Moreda,
02:24:40 and my recollection, transportation wasn't concerned about
02:24:43 valet per se.
02:24:44 We are still trying to hammer out the specific logistics of
02:24:47 that location.
02:24:51 So back to this meeting.
02:24:52 So we met with the city transportation people, Mrs. Moreda,
02:24:56 to determine the requirements when we pursued the valet
02:25:00 permit.
02:25:01 First of all, city transportation said obtaining the permit
02:25:05 would be feasible.
02:25:06 Secondarily, Mrs. Moreda indicated that any cars that the
02:25:09 valets would have to be on commercial property, that would
02:25:13 allow the subject use under consideration.
02:25:15 So the parking would have to be, for example, on another
02:25:18 property zoned to allow a restaurant, okay?
02:25:21 With that in mind, Mr. Mize then entered into an agreement
02:25:26 with 717 enterprises, probably the leading parking or valet
02:25:30 company, not only in Tampa, probably the southeast United
02:25:35 States.
02:25:38 717, by the way, valets or provides valet service for many
02:25:42 venues not only around the city but specifically Howard
02:25:45 Avenue.
02:25:45 So they are very familiar with how the process works, the
02:25:48 permitting process, and also they have got a lot of property
02:25:52 available.
02:25:53 It's commercially zoned to accommodate the subject property.
02:25:58 And what I have done -- and we just got this last night,
02:26:01 Mr. Chairman -- a brief letter from Mr. Jason McCarty to
02:26:07 you and I have a copy for the record concerning the valet
02:26:09 parking.
02:26:10 It will take me about 30 seconds, if you don't mind.
02:26:14 Dear Chairman Miranda, I am the owner and president of 717
02:26:17 parking enterprises.
02:26:18 I understand that as condition of approval for the above
02:26:21 referenced petition, the petitioner must provide sufficient
02:26:23 parking to accommodate patrons of the proposed
02:26:26 establishment.
02:26:26 More specifically, the petitioner cannot open its business
02:26:31 until it receives the necessary valet permits.
02:26:33 Accordingly, our company has entered into an agreement with
02:26:36 petitioner to provide valet parking at certain locations
02:26:40 described below.
02:26:41 Collectively between a petitioner's lot leased by the
02:26:43 petitioner an lots controlled by our company, a minimum of
02:26:46 71 vehicles can be accommodated for the petitioner.
02:26:50 Please note that all of the locations under our control as
02:26:53 well as the petitioner's have proper CG zoning to allow for
02:26:57 the parking of vehicles pursuant to the city's valet permit
02:27:01 process.
02:27:01 Furthermore, although not required by the city, all parking
02:27:04 locations are located within a thousand feet of petitioner's
02:27:07 proposed restaurant.
02:27:08 These locations are as follows.
02:27:11 Et cetera, et cetera.
02:27:32 And here again, this is not the design exception process
02:27:35 where we are trying to fulfill required parking for this
02:27:39 1,000-foot limitation or proximity.
02:27:43 Not withstanding it doesn't apply, these locations are still
02:27:46 within 1,000 feet.
02:27:47 And as it addresses on the letter and also the zoning map
02:27:53 identifying the specific locations and other information
02:27:56 concerning location.
02:27:57 Bottom line is, required parking with the subject petition
02:28:02 of 74 spaces, we modify the site plan to include from two to
02:28:08 three, and so we are seeking a waiver for 71 spaces, with
02:28:12 the condition that we have valet at the time of CO, and
02:28:16 anytime thereafter.
02:28:17 So if you have any questions concerning the valet parking, I
02:28:21 have got the president of 717 in attendance here, Mr. Jason
02:28:25 McCarty.
02:28:27 Thank you very much, Mr. Chairman.
02:28:29 >>CHARLIE MIRANDA: Ms. Capin?
02:28:32 >>YVONNE CAPIN: (off microphone)
02:28:35 Do you own the property?
02:28:37 >> I do not.
02:28:38 I'm under a land lease.
02:28:45 >> How long is your lease?
02:28:47 Are they all different?
02:28:47 >> They are different, yes, ma'am.
02:28:55 >>YVONNE CAPIN: Okay.
02:28:57 I have a question for Ms. Kert.
02:29:12 If the site plans are not adhered to what are the results?
02:29:15 >> If the city believes a condition is not being adhered to
02:29:19 then the city would need to bring code enforcement action,
02:29:22 as we have discussed before pending on the type of
02:29:26 violation, we have different remedies available to us.
02:29:28 But assuming we bring it to a code enforcement hearing
02:29:31 master, it would be our burden to prove that there was in
02:29:33 fact a violation.
02:29:34 >> Okay.
02:29:38 Thank you.
02:29:40 >>CHARLIE MIRANDA: Thank you, Mrs. Capin.
02:29:42 This is a public hearing on item number 64, V-12-267.
02:29:47 Anyone in the audience care to speak on this item?
02:29:50 Please come forward.
02:29:51 >> Good afternoon.
02:29:58 I'm Steve Michelini here on behalf of HCB investments who
02:30:02 owns the property immediately to the north of this proposed
02:30:07 alcoholic beverage petition.
02:30:10 The problem starts with a property that's 2,384 square feet.
02:30:17 And then it is tripled in size to 4,340 square feet, and the
02:30:26 expansion eliminates the possibility of any on-site parking,
02:30:32 except for two or three spaces.
02:30:35 When you double the size of a piece of property, it is very
02:30:39 different than going into an existing structure, renovating
02:30:43 it, and turning it into a restaurant, or some other
02:30:46 establishment.
02:30:47 So you have compromised the site to begin with, by the
02:30:52 development plan, and you remove the possibility of on-site
02:30:56 parking.
02:30:58 Reliance upon valet parking is the sole means of parking,
02:31:03 means that you have waived all the requirement for the
02:31:05 required parking.
02:31:06 Not one of the establishments along Howard has ever come to
02:31:10 you and said, waive 90% of the parking and we'll do the rest
02:31:13 via valet.
02:31:15 The companies that are there either have bought commercial
02:31:18 property and torn it down to create parking lots, and
02:31:23 adequate parking, or at least come close to meeting the
02:31:26 parking requirement, and not prevailed upon the other
02:31:31 businesses and residences to meet the parking requirement.
02:31:34 So what you are asking is, via valet, for the neighbors to
02:31:38 be inconvenienced, for the patrons of other legally
02:31:41 established businesses to be burdened, or both.
02:31:47 And waiving the parking requirement is permanent.
02:31:50 So this site permanently will not have a parking
02:31:53 requirement.
02:31:53 It will have a valet requirement.
02:31:55 Regardless of what goes in there.
02:31:59 Other businesses have gone in and tried to do the best that
02:32:02 they could.
02:32:03 It's not always been easy meeting with the neighbors and
02:32:06 working out the issues.
02:32:07 But when you take an existing building, and then you try to
02:32:11 expand it to this extent, you have caused your own problem.
02:32:18 And then you come to the city, and you come to the
02:32:20 neighbors, and you come to the other businesses, and you ask
02:32:23 them to let us go, give us a break, let us valet everything.
02:32:31 Last time, they relied on a parking company who had all the
02:32:34 parking lots already tied up.
02:32:36 And now you have the reliance on another parking and valet
02:32:40 company who says we have the parking.
02:32:42 Those parking spaces are also used for other businesses.
02:32:45 So then you have to adjust your operating hours to reflect
02:32:48 when those businesses that are using those parking spaces
02:32:51 are closed.
02:32:52 So you have a number of different problems.
02:32:56 The size and scope is too large.
02:32:57 The waivers are too large, and inconsiderate of both the
02:33:01 neighbors and the businesses.
02:33:03 We respectfully they go back and refit their drawings, redo
02:33:07 their project and come in with a reasonable proposal or deny
02:33:09 it.
02:33:10 >>CHARLIE MIRANDA: Thank you very much.
02:33:11 Appreciate it.
02:33:11 Next, please.
02:33:12 >> Good afternoon.
02:33:22 I'm Tim Glissen, 2001 west DeLeon street in courier city.
02:33:28 I'm president of the Courier City Oscawana neighborhood
02:33:33 association.
02:33:33 And our neighborhood continues to oppose the wet zoning of
02:33:38 the South Howard project.
02:33:41 At last council meeting on this subject, there was a
02:33:44 discussion that the only possible use for this property was
02:33:49 a bar, the only possible use.
02:34:07 That doesn't be further from the truth.
02:34:09 Here is a map, a two-block radius.
02:34:12 See it highlighted in yellow here?
02:34:15 This is the proposed bar right here.
02:34:17 Every red star here is a nonalcohol business.
02:34:26 They don't serve alcohol.
02:34:27 And there's more.
02:34:28 There's 30-plus businesses just on Howard, two blocks north.
02:34:36 And there's a list of all the businesses just on Howard, two
02:34:42 blocks north.
02:34:44 If you get off of Howard, there's approximately 40
02:34:48 businesses, and there's more than that.
02:34:50 I just got tired of riding around and counting the
02:34:52 businesses.
02:34:53 So on this corner right here, this is the antique shop.
02:35:00 This is the barbecue catty-corner to it.
02:35:04 This is two attorneys offices.
02:35:11 And all these businesses right here, nearly every one of
02:35:15 them can be hit if you throw a baseball hard enough.
02:35:19 That's how close the businesses are to the intersection.
02:35:24 So let's see if I can finish here.
02:35:29 It's hard to believe that we need to make a concession on a
02:35:33 prime piece of real estate in Hyde Park.
02:35:38 We have plenty of drinking spaces.
02:35:39 We don't really need one more.
02:35:42 Now, Courier City, at least Courier City, we are not
02:35:47 anti-development.
02:35:49 As a matter of fact, we want different development.
02:35:52 We start add committee to support our local businesses.
02:35:58 So please deny this project.
02:36:00 Thank you.
02:36:02 >>CHARLIE MIRANDA: Thank you very much.
02:36:02 Next, please.
02:36:03 >> Susan Lake, are you present?
02:36:14 Thank you.
02:36:15 One additional minute, please.
02:36:16 >>> Good afternoon, council.
02:36:18 My name is Greg root.
02:36:19 I live at 212 South Moody Avenue, unit number 2.
02:36:23 I'm a member of the Courier City Oscawana neighborhood
02:36:26 association and also the president of the neighborhood
02:36:30 association.
02:36:30 You just heard more testimony today from Mr. Bentley
02:36:33 regarding a field house and has been provided again with
02:36:37 some last minute information that we haven't had proper time
02:36:39 to review.
02:36:40 So I urge you to carefully compress the accuracy of
02:36:47 everything.
02:36:48 I want to give you a couple examples of why I say this.
02:36:51 On June 27th Mr. Bentley told you that his client
02:36:54 entered into four lease agreements for washing parking
02:36:57 within a thousand feet of the establishments and these
02:37:00 totals should be four spaces.
02:37:02 Problem is what he didn't tell you on June 27th was none
02:37:04 of those leases were valid.
02:37:09 Mr. Bentley also told us that they obtained a letter from
02:37:14 Safeway stating that Safeway would provide all 74 spaces
02:37:19 within 500 feet of the subject property.
02:37:22 The problem with that is, with the letter from Mr. Ryan
02:37:25 Flaherty of Safeway parking did not say is that Safeway
02:37:30 would provide all 74 spaces that were required.
02:37:32 I hope you read that letter carefully because did he not
02:37:35 state in that letter that he would provide all 74 parking
02:37:38 spaces.
02:37:38 Why not?
02:37:39 Because quite frankly, I don't believe there are 74
02:37:42 available parking spaces on permitted city lots that are
02:37:47 within 500 linear feet of the property that are available at
02:37:51 the time he wants to run a business, including starting at
02:37:54 4:00 in the afternoon.
02:37:57 Tim Glisson requested a copy of the master parking lot and
02:38:03 location, and the city heard from Mr. Cotton the other day,
02:38:08 and Mr. Cotton told Mr. Glisson that he was unable to
02:38:12 provide.
02:38:13 On June 27, Mr. Bentley said that his client anticipated of
02:38:17 0% of his customers to be walkup traffic from the
02:38:21 neighborhood, based on historic numbers, he's determined
02:38:24 that Hyde Park Village, 31.
02:38:29 The applicant and his attorney didn't provide any
02:38:31 substantial competent evidence to support this claim.
02:38:33 There wasn't any data from any legit I am surveys.
02:38:37 So where are the historic numbers?
02:38:39 And how were they derived?
02:38:42 On the 27th of June, Mr. Bentley stated that if the
02:38:46 proposed establishments violation any one of the conditions
02:38:49 on the site plan the city can revoke their permit.
02:38:52 That is probably true.
02:38:53 But I ask the council, what is the real practicality of
02:38:56 enforcing valet parking compliance?
02:38:59 Does the city periodically check on this right now?
02:39:01 I doubt it.
02:39:06 What would the city do if I called at 9:30 at night that
02:39:11 they were not parking cars within 1,000 feet of their
02:39:15 location and what is the likelihood that someone could com
02:39:18 come out and see what the violation is if I made that call?
02:39:21 How do they go about doing this?
02:39:24 I would submit to you from a reality standpoint this is an
02:39:27 enforceable condition.
02:39:28 And last but not least let's talk about this family oriented
02:39:31 restaurant.
02:39:32 Okay?
02:39:33 An established outdoor deck almost twice the size of the
02:39:38 interior of the building, is that really a likely candidate
02:39:41 to be a family oriented restaurant?
02:39:44 Does a family oriented restaurant need to stay open till
02:39:48 1:00 in the morning on Monday and Tuesday and 3:00 on
02:39:52 Wednesday and what is the likelihood that the Jimmy buffet
02:39:57 is going to be heard on an outdoor deck Friday or Saturday
02:40:01 night with the current high levels generated by places like
02:40:05 World of Beer that are less than 100 feet of this
02:40:07 establishment.
02:40:08 Please don't vote to permit this special use permit.
02:40:12 Thank you.
02:40:12 >>CHARLIE MIRANDA: Thank you very much.
02:40:13 Next, please.
02:40:13 >> Evelyn Yates, are you here?
02:40:24 Thank you.
02:40:24 And Beth Garcia?
02:40:27 Thank you.
02:40:27 Two additional minutes, please.
02:40:37 >> John Jones, 1704 west Jetton Avenue. I'm with the
02:40:39 historic Hyde Park.
02:40:41 Our neighborhood association stands in opposition to this
02:40:43 petition in support of Courier City.
02:40:48 And I would like to point out that to date I don't believe
02:40:52 petitioner has really shown his case.
02:40:55 He hasn't provided the facts.
02:40:58 He has provided statements.
02:41:01 Most of what he's facing is self-inflicted.
02:41:05 Whether or not it's the most onerous effort against an
02:41:11 applicant on zoning issues is immaterial.
02:41:18 The fact is that the zoning code is there, and he's being
02:41:21 held to the zoning code.
02:41:26 Nobody went out and reinvented zoning in order for him to
02:41:30 get approval.
02:41:30 All we ask is that he abide by that code.
02:41:34 Staff is stating that this is inconsistent with city code,
02:41:40 specifically 27.283.2 and .7, 27.132, which is parking.
02:41:48 The first one was off-site parking.
02:41:50 27.283.3 with regard to the leases, and separation of 250
02:41:59 feet from the nearest residential and other alcoholic
02:42:03 beverage serving enterprises, which is 27.13 to B.1. B.C.
02:42:16 So all we are asking is that he stay within the frame of
02:42:20 that.
02:42:20 You have heard that there are other uses, which pointed out
02:42:28 that this would be the only use that would be compatible
02:42:33 with this spot, I think in an earlier hearing, and we have
02:42:37 seen there are other options out there from hair salons to
02:42:41 attorneys to what have you.
02:42:44 Even if eliminates the outside area, it will have enough
02:42:51 space left over for a viable operation at 2400 square feet.
02:42:55 There are other locations there that were pointed out that
02:43:00 are within that range.
02:43:01 Certainly the shoppa lot, the attorney's office.
02:43:08 And the deck is another self-imposed issue.
02:43:11 He's looking for that to increase the number of people that
02:43:13 he can support by adding over two-thirds more space to the
02:43:22 facility, which is taking away from the ability to park.
02:43:27 He could get more parking in there.
02:43:29 And those also adding more parking requirements.
02:43:38 I guess another question here, can the valet services
02:43:41 actually provide the parking without long-term leases?
02:43:45 Are they duplicating the spaces that they are saying that
02:43:48 they have in the sense that they are offering that same
02:43:51 space to more than one establishment at the same time?
02:43:56 That's not acceptable under 283, but I don't remember the
02:44:00 exact cite.
02:44:02 The point is that there are alternative uses.
02:44:05 Even for the applicant.
02:44:09 The parking doesn't work within this area.
02:44:12 It's going to create problems with having people running
02:44:14 through the residential neighborhood.
02:44:18 Valet parking is based on speed, the ability to get the car
02:44:22 to the parking space and get back quickly to take care of
02:44:25 the next person.
02:44:27 The way that he's going to have to come out of there is
02:44:29 because Howard is a one-way street is to turn right.
02:44:34 I believe most of those spaces are to the south rather than
02:44:37 the north so he's going to have to go up, turn around, go
02:44:41 back down Armenia and get to wherever they park these cars.
02:44:44 And then rush back.
02:44:47 So the question becomes, are they going to do that by going
02:44:49 through the residential area, come back out on Howard,
02:44:54 turning back up into Courier City, and then going back
02:44:57 towards Swann?
02:44:58 Or are they going to go the long way to get to it?
02:45:02 We don't believe that he's met the requirements for this
02:45:06 application.
02:45:06 And we would respectfully request that you deny this
02:45:12 application as proposed.
02:45:13 Thank you.
02:45:17 >>CHARLIE MIRANDA: Next, please.
02:45:18 >> Jeff ZAMPITELLA, north Ashley drive.
02:45:28 For six years prior to living in SkyPoint I lived in Hyde
02:45:31 Park and I loved it.
02:45:33 I want to tell you why I moved, for exactly this reason.
02:45:37 I have a unique perspective in that I lived within one block
02:45:41 of this subject property for those six years.
02:45:44 I started at the Madison SoHo.
02:45:47 I went to the east side of Howard on Westland.
02:45:50 And then I finally moved to Tampania, which is not protected
02:45:54 as part of the permit parking, and I had enough.
02:45:58 All around where I was living on Tampania, which is two
02:46:02 blocks from this subject property, there were valet lots in
02:46:06 the heart of Florida and all around.
02:46:08 And I just got tired of the constant weekend traffic.
02:46:13 And I didn't want to live in Ybor City anymore.
02:46:17 If you have been to -- I lived in Ybor City 15 years ago.
02:46:21 For that reason -- my wife still works in Hyde Park.
02:46:24 We have good friends in Hyde Park.
02:46:26 I don't go over there as much as I'd like to, for this very
02:46:31 reason.
02:46:31 So I think to offer another wet zone -- or to offer this
02:46:38 type of zoning would be contrary to what Hyde Park wants,
02:46:43 the neighborhood needs, and the desires of everybody that's
02:46:46 spoken before me.
02:46:47 I ask that you turn this down today.
02:46:49 Thank you very much.
02:46:51 >>CHARLIE MIRANDA: Thank you.
02:46:51 Next, please.
02:46:52 >> Jason McCarty.
02:46:56 I'm the CO, president of 717 parking.
02:47:00 Listening to several residents today talk about parking, if
02:47:03 it's valet parking to the district is important to us as
02:47:08 well.
02:47:08 When mark and Joe came to see me as relates to valet parking
02:47:12 service --
02:47:13 >>CHARLIE MIRANDA: Just a second, Mr. McCarty.
02:47:17 Mrs. Mulhern has a concern.
02:47:18 >>MARY MULHERN: You have an interest in this, right?
02:47:21 Your company has an interest in it?
02:47:23 >> I don't really have an interest.
02:47:24 I'm a service operator just like safe way.
02:47:29 >> But you would get business if this is approved?
02:47:31 >> Yes, ma'am.
02:47:31 >> So then you do have an interest.
02:47:33 >> Okay.
02:47:34 >>MARY MULHERN: I think we need to have that disclosed, or
02:47:38 should he be part of the petitioner's case?
02:47:41 >> The question came up if he was represented by Mr. Bentley
02:47:46 as being there on behalf of the petitioner.
02:47:49 And so it's council's discretion as to how they wish to
02:47:53 characterize it.
02:47:55 If it's characterized as part of the rebuttal, or --
02:48:00 >>MIKE SUAREZ: If I may, chair, one of the problems with
02:48:03 having him talk to public comment as part of the case, I
02:48:07 think, is that it means he's got a second bite during public
02:48:12 comment to talk about this particular issue when he already
02:48:15 has admitted that there is a financial interest.
02:48:18 I know Mr. Bentley is probably going to say it's okay for
02:48:21 him to say it because he's a citizen of the city.
02:48:24 But to me I think that we are playing a little very
02:48:28 dangerous game here where anybody that has a financial
02:48:31 interest is going to be able to speak regardless.
02:48:33 If he wants to put him as part of it, ask him and did speak
02:48:38 during his opening remarks.
02:48:39 So to me, I think if you want to have one, that's fine.
02:48:42 If you want to have the other it's fine.
02:48:44 I don't think you can have both.
02:48:45 That's my own opinion.
02:48:47 >>MARTIN SHELBY: Mr. Chairman, if you wish, if you view
02:48:49 this as being part of the petitioner's rebuttal you can ask
02:48:53 that he hold his remarks.
02:48:55 >>CHARLIE MIRANDA: Petitioner is going to have five minutes
02:48:56 at the end.
02:48:58 He can bring that up.
02:49:00 That's my opinion to clear the record.
02:49:02 Yes, ma'am.
02:49:02 >> Before I get started, could we learn what the properties
02:49:09 are that were in that letter?
02:49:11 I noticed that Mr. Bentley just said blah-blah-blah, or
02:49:16 whatever.
02:49:17 He didn't really tell us what those properties were.
02:49:18 >>MIKE SUAREZ: The locations are 120/122 South Howard
02:49:25 Avenue, 204 South Howard Avenue, 609 South Howard Avenue and
02:49:31 533 South Howard Avenue.
02:49:39 >>HARRY COHEN: Was your question were those --
02:49:42 >> I think some of those are businesses that are open during
02:49:45 the same hours that he's open.
02:49:50 And since we didn't get to see that, we can't --
02:49:54 >>CHARLIE MIRANDA: Let me just ask this to clear this and
02:49:56 move this thing along.
02:49:57 I would like to ask the petitioner, are these addresses you
02:50:00 stated, the four locations, please put whatever is there now
02:50:04 and bring it back and we can speak on it.
02:50:08 If we wait -- I don't want to open another meeting.
02:50:10 I have got other hearings.
02:50:12 I have people here since 9:00 in the morning.
02:50:14 >> Can you tell us right now what businesses?
02:50:20 >>CHARLIE MIRANDA: I'm asking you now if you can do it, sir.
02:50:22 >>YVONNE CAPIN: The one that would know these is the owner,
02:50:27 717.
02:50:28 So they should be the ones to tell us who these are.
02:50:34 >>CHARLIE MIRANDA: He's got it right there.
02:50:37 >>YVONNE CAPIN: Was that it?
02:50:43 >>MARK BENTLEY: Here is the city zoning map.
02:50:47 All four locations are zoned CG, 1, 2, 3, 4.
02:50:55 Here is the first one.
02:50:58 Radiant baseball.
02:51:02 North Howard, that's 120 Howard.
02:51:08 The second one is -- I'm sorry.
02:51:14 The second is 204 South Howard.
02:51:18 Hyde Park.
02:51:22 Lounge.
02:51:22 We have five-year leases, no termination clause.
02:51:26 The next one, 717.
02:51:29 We call it the YBO parking lot, 609 South Howard.
02:51:37 As you can see, it's got a pretty significant parking lot.
02:51:43 The next one is you all know the whaley's plaza, TOTO's
02:51:50 restaurant.
02:51:51 And you can see the parking here, and also there's parking
02:51:54 to the rear under the control of 717.
02:51:59 So collectively we are required to have 74 spaces on-site.
02:52:04 But there would be four locations, we have a lot more than
02:52:06 71.
02:52:07 And if you have any specific questions concerning those
02:52:11 other locations, Jason will be up here in a second.
02:52:14 Thank you.
02:52:15 >>CHARLIE MIRANDA: Thank you very much.
02:52:16 Ma'am?
02:52:18 >> Thank you for that.
02:52:19 I appreciate.
02:52:20 That my name is April black.
02:52:21 I live at 306 south Albany, which is approximately just two
02:52:27 blocks east of that.
02:52:29 So I would be right behind it, basically, or it would be out
02:52:33 my front door.
02:52:35 I have been sworn.
02:52:39 I see the valet situation as a safety issue because we are
02:52:42 going to have a lot of running back and forth between these
02:52:45 properties.
02:52:45 And some of the properties that I needed clarification on, I
02:52:49 think like Whaley's, I don't know if you guys try to go to
02:52:54 chipolte or any of the things in there, it's hard to get a
02:52:59 parking place.
02:53:00 Basically it's already taken.
02:53:01 Those things are open till 10:00 at night.
02:53:04 So I don't know how we are going to free up 71 spaces when
02:53:08 those spaces have cars in them already.
02:53:11 But it is a safety issue.
02:53:12 So you run back and forth.
02:53:15 If they go north down Howard, they are going to hit -- if
02:53:21 they go north they are going to hit Kennedy.
02:53:22 If they go a little farther north before they get to
02:53:25 Kennedy, they are going to hit the other one-way street,
02:53:28 Cleveland going the other way.
02:53:30 These guys are going to be running around in the street.
02:53:32 It's also pedestrian-dense.
02:53:34 So we are concerned about that.
02:53:36 We are concerned about them taking the cars down my street,
02:53:40 down Westland.
02:53:42 We are concerned about that.
02:53:43 We are definitely concerned about that.
02:53:46 But we are also concerned about that noise.
02:53:50 My question to you is, do you know how many spaces you have
02:53:53 already waived?
02:53:54 Do you know how many of those 19 businesses have spaces that
02:53:59 have been waived?
02:54:01 Nobody can tell me he that.
02:54:04 Those spaces are waived, we can't get those back.
02:54:07 They might be hopping from bar to bar.
02:54:09 But look how many spaces are already waived.
02:54:11 We are going to waive another 71?
02:54:14 Come on.
02:54:14 It's time to say no.
02:54:16 Please.
02:54:16 Thank you.
02:54:18 >>CHARLIE MIRANDA: Thank you.
02:54:19 Next, please.
02:54:20 >> Alysse Myer, west Bristol Avenue.
02:54:27 I am here as a resident of Bristol Avenue which shoots right
02:54:30 off of South Howard Avenue.
02:54:32 I represent my street Bristol Avenue.
02:54:34 We have over 22 homes on the street.
02:54:35 I just want to give you for the record a Tampa PD record of
02:54:42 the address of 1611 West Swann Avenue which is the Irish 31
02:54:49 bar which the petitioner has an interest in.
02:54:52 Since November 18th, 2011 to April 12, 2013, there were
02:54:56 22 music disturbances, three general disturbances, 13 alarm
02:55:01 intrusions, and this year, I believe in February, there was
02:55:05 one liquor law violation.
02:55:07 I did not have time to check into that liquor law violation
02:55:10 for the record.
02:55:11 Thank you very much.
02:55:12 >>CHARLIE MIRANDA: Thank you.
02:55:12 Next, please.
02:55:13 >> Mary Bailey, green acres.
02:55:23 (off microphone).
02:55:27 >>MARTIN SHELBY: If you will hold off for a second so I can
02:55:29 ask if Del Acosta is here.
02:55:33 Thank you.
02:55:33 And Roberta bayer.
02:55:36 Thank you.
02:55:36 Two additional minutes.
02:55:37 >> I live at 810 south Packwood Avenue in historic Hyde
02:55:40 Park.
02:55:40 I serve takes membership director on the board.
02:55:44 You heard from us on May 16th.
02:55:46 Our board voted to oppose this issue we have kept current
02:55:50 with the issue and we recently issued another letter
02:55:53 opposing this project.
02:55:55 This project remains a wolf in sheep's clothing.
02:55:58 This is a project that was conceived as an outdoor bar.
02:56:02 It remains essentially so.
02:56:06 As a family friendly restaurant until 3 a.m. and asking for
02:56:10 all kind of waivers that encroach upon our lives.
02:56:14 Listen, I was a successful businesswoman for 28 years.
02:56:17 I appreciate all the effort and entrepreneurialism.
02:56:19 I reward that.
02:56:20 You have to play by the rules specific to the contact.
02:56:24 I put a lot of money and hard work into acquiring my
02:56:27 property, renovating it, improving it, countless volunteer
02:56:30 hours into my neighborhood.
02:56:32 We put a lot of work into protecting our neighborhood.
02:56:35 Please don't grant this project that threatens our way of
02:56:39 life and our safety.
02:56:41 I was very particular choosing Tampa.
02:56:43 In the interest of time I won't list the 13 different places
02:56:47 I have lived or how much I put into researching and picking
02:56:49 Hyde Park, because it's the lifestyle that I wanted to
02:56:52 invest in, and have been there 19 years.
02:56:56 It's summarily unfair to wave the rules and provide the
02:57:00 context for what we choose to call home.
02:57:04 We object on specific ground.
02:57:06 Number one, parking.
02:57:07 Lots of discussion about parking here.
02:57:08 A lot of -- I don't want to repeat everything.
02:57:12 There's some of these leases are short-term.
02:57:14 Some of these parking spaces are businesses that are not
02:57:17 exclusive.
02:57:19 As we know leases aren't enforceable.
02:57:22 The valet parking is going to create havoc, up on the
02:57:26 sidewalk, into neighborhood streets as they shuttle back and
02:57:29 forth.
02:57:30 It's not a good solution.
02:57:32 Number two, separation.
02:57:33 The code requires separation from other businesses selling
02:57:35 alcohol as well as this project is in violation of those.
02:57:41 Now, I understand that sometimes other businesses in that
02:57:43 area have not been held to that standard.
02:57:45 But enough is enough.
02:57:46 That's like saying we need to get pulled over for speeding,
02:57:50 officer, you can't give me a ticket because the guy in front
02:57:53 was speeding.
02:57:54 Doesn't work that way.
02:57:55 Just not how it works.
02:57:56 Number three.
02:57:57 Noise on the deck.
02:57:58 I understand it's hard to enforce noise ordinances.
02:58:01 I was here when the petitioner presented their consultant
02:58:04 about the noise survey.
02:58:08 If my grandmother was still alive she would have called it
02:58:10 fried bologna.
02:58:13 There's no way you can put 300 people on the deck with
02:58:16 amplified music and tell me it's not going to raise the
02:58:18 noise level to those residents that are so close by.
02:58:21 Number four, safety.
02:58:24 Thoroughfares that we must use to get to our home.
02:58:27 It is already insane for traffic and very dangerous.
02:58:29 I used to travel for my work and routinely come home late on
02:58:33 Thursday night from Tampa international.
02:58:35 Cabbies will not go down South Howard on Thursday night
02:58:38 because they are afraid someone who is overimbibed and
02:58:42 stumbling from one bar to the next wander in front of the
02:58:47 cab.
02:58:47 My husband and I had date night.
02:58:51 He woo couldn't go down South Howard.
02:58:52 It is too danger dangerous.
02:58:54 We do not need more danger on South Howard.
02:58:57 Lastly, I will close with the issue about other feasible
02:59:01 uses.
02:59:01 Others have spoken to this.
02:59:03 There are many successful beauty salons, professional
02:59:06 offices, restaurants that many of us frequent.
02:59:11 We could actually use a parking lot.
02:59:13 So please, City Council, do not approve this project.
02:59:15 It is the wrong thing for this space.
02:59:18 Thank you very much for your time.
02:59:20 >>CHARLIE MIRANDA: Thank you very much.
02:59:20 Anyone else in the audience who has not spoken at this time
02:59:23 regarding this item, item number 64?
02:59:28 V-12-67.
02:59:31 Petitioner, you heard the concerns.
02:59:33 You have five minutes.
02:59:34 >>MARK BENTLEY: Thank you very much.
02:59:36 I will make this very brief.
02:59:38 Jason, take a couple minutes.
02:59:43 >> Listen, I appreciate -- Jason McCarty for the record.
02:59:49 I have been sworn in.
02:59:50 I will make this really simple.
02:59:51 I have been in the parking business for 23 years.
02:59:54 Valet operators not only in the southeast, I have operations
02:59:57 in 17 states.
02:59:58 I have 4,000 that work for me. My twin brother and I
03:00:03 started the business several years ago, take a lot of pride
03:00:06 in what we do.
03:00:07 When Jay and mark came to see me and were concerned about
03:00:10 providing excellent service, parking, we put together a plan
03:00:15 that would work well not only for the community but as
03:00:17 relates to complying with current code.
03:00:19 The parking lots that we have issued here today will meet
03:00:22 the code.
03:00:22 I think you said 71 or 74, give or take.
03:00:26 I would also like to say that we have been running valet
03:00:29 parking with right-of-way permits for over 20 years in the
03:00:32 city. We worked with Debby Harrington and bill Flynn and
03:00:36 the whole City of Tampa.
03:00:38 Why it's important is we understand what the requirement is
03:00:40 as relates to the permitting.
03:00:41 We look at what the staff levels seem to be, what the
03:00:45 parking ratios need to be, what the correct traffic flow is.
03:00:48 We are not going to go through the neighborhoods, or park on
03:00:51 the city rights-of-way, and block their driveways.
03:00:54 We have secured parking spaces for this primary use only,
03:00:57 okay?
03:00:57 That's very important.
03:00:58 Because at the end of the day with all the residents in the
03:01:01 area, the bottom line is our company, we have secured the
03:01:05 parking spaces to provide and meet the code.
03:01:07 And I will a sure you as the president of this company we
03:01:11 have done that, based on my reputation, being in the parking
03:01:15 business over 20 years.
03:01:16 And that's about it.
03:01:17 We also run valet parking for Chief, World of Beer, Hyde
03:01:22 Park cafe, Kennedy, old Hyde Park village, TIMPANAS, and
03:01:31 those are operating 10, 15 years.
03:01:33 Never complained.
03:01:34 Never a problem.
03:01:34 Never parked on a city right-of-way.
03:01:36 Always secured parking.
03:01:39 Let me mention quick about permitting as it relates to a
03:01:43 different use.
03:01:44 Anytime this gets converted has to deal with the parking
03:01:48 issue.
03:01:48 I commend mark and Jaye to be able to offer valet parking to
03:01:52 help meet this use and this requirement.
03:01:54 And again I am here to answer any other questions four.
03:01:56 >> Thank you, Jason.
03:01:59 Just kind of briefly, we beat this thing about ten hours, I
03:02:05 think, since we have gone through the process.
03:02:07 In any event, concerning Mr. Michelini's testimony, and I
03:02:10 think you can take that for what it's worth.
03:02:12 He represents another bar owner.
03:02:14 So it's kind of a disgruntled bar owner from our perspective
03:02:18 that's not going to be impacted at all by what we are
03:02:21 proposing.
03:02:22 This is a restaurant and keeps being referred to as a bar.
03:02:24 And that's not the case.
03:02:27 [ Laughter ] well, that's not the case.
03:02:29 51/49.
03:02:31 You have all seen this graphic.
03:02:33 Contrary to the testimony today.
03:02:36 Every use between Horatio -- you can use Chocolat for
03:02:49 parking.
03:02:50 The attorney's office for parking, through the city's design
03:02:54 exception process.
03:02:55 So that entire strip relates to bars or restaurants.
03:02:58 Final couple things here.
03:03:00 Here again, this is a condition, if he would don't fulfill
03:03:04 under your codes you can pull the plug on Mr. MIZE's
03:03:08 business and he's making a commitment to abide by these
03:03:12 regulations in your code.
03:03:15 We have been going at this for a long time.
03:03:17 Each time, the city suggests something, we have jumped
03:03:20 through hoops.
03:03:21 The last hearing, the only issue was whether or not we have
03:03:23 the ability to accommodate sufficient parking through the
03:03:29 valet process, which we do.
03:03:31 We met with the city.
03:03:32 They told us what to do.
03:03:37 Valley parking in the City of Tampa.
03:03:38 We needed 74 spaces.
03:03:41 There are more lots that Jason has that aren't in that
03:03:44 letter that can accommodate a lot more parking and they are
03:03:47 all zoned commercial.
03:03:48 So we respectfully request that you approve our petition.
03:03:54 And one final thing about this kind of cheap shot at Irish
03:03:58 31.
03:03:59 Number one, that's not relevant.
03:04:00 Number two, Mr. MIZE has never been cited over there
03:04:04 regardless of what was indicated.
03:04:06 So Jay wanted me to make that clear to council.
03:04:10 Thanks for your time.
03:04:11 We really appreciate it.
03:04:12 >>CHARLIE MIRANDA: Ms. Mulhern?
03:04:14 >>MARY MULHERN: I don't know which of you want to answer
03:04:16 this.
03:04:16 But Mr. Bentley, you just said that there are other parking
03:04:19 lots.
03:04:20 But your letter says these four addresses that you are going
03:04:24 to be providing the parking spaces.
03:04:26 >>MARK BENTLEY: Those are sufficient.
03:04:28 But here is the situation.
03:04:30 We can use those and fulfill the parking requirements B.you
03:04:34 eight months from now when Jay goes to get his permit, okay,
03:04:38 the city transportation department and 717, some discussion,
03:04:44 how about using this lot, et cetera, et cetera?
03:04:47 So Jason can receive testify he has other location bus those
03:04:50 are adequate to fulfill our client's requirements.
03:04:56 >>MARY MULHERN: But if we grant the waiver of parking then
03:04:58 how do we enforce that?
03:05:00 >> Here is what you are granting.
03:05:02 >>MARY MULHERN: How do we enforce that?
03:05:04 >> He shall at all times have valet parking.
03:05:07 That's it.
03:05:07 I presented a letter saying we are going to valet at these
03:05:10 specific locations.
03:05:11 Okay?
03:05:12 Three years from now when I we might find a lot that's
03:05:17 closer and get a permit for that and your city attorney has
03:05:21 already told you that she can enforce that regulation like
03:05:23 any other condition.
03:05:24 >>MARY MULHERN: I guess -- let me ask Mr. McCarty about
03:05:31 this.
03:05:32 Or whoever has those maps if you could put them up.
03:05:38 I'm in those parking lots very often, and it's hard for me
03:05:44 to picture.
03:05:45 I think you need to show us, where are those 717 spaces?
03:05:48 You want us to trust you and believe you that you have the
03:05:51 spaces.
03:05:51 I would like to see them.
03:05:52 Because EVOS parking lots are shared by numerous buildings,
03:06:00 businesses that are open at night.
03:06:02 >> Yes.
03:06:03 And I would like to address through the permitting process
03:06:06 through the city, part of the requirement is they have to be
03:06:08 properly zoned, and Gloria Moreda is still here, I believe.
03:06:12 She can confirm that.
03:06:13 And certain number of parking spaces.
03:06:15 I don't care if it's tympanos or the city right-of-way has
03:06:19 to meet a permitted parking lot for those number of spaces.
03:06:22 As Mr. Bentley says if we don't comply with that with the
03:06:26 operator, they get shut down as a business.
03:06:28 >>MARY MULHERN: All right.
03:06:32 I guess you have answered my question.
03:06:34 Let me ask you another question related to the valet
03:06:37 parking.
03:06:37 Can we see that diagram that Gloria put up there of how the
03:06:41 valet staging is going to work on Azeele?
03:06:44 >> Okay.
03:07:02 So is the valet parking that cut-out, next to the street?
03:07:09 So then the sidewalk is unimpeded?
03:07:15 >>CATHERINE COYLE: Based on the available area on this
03:07:18 drawing to scale.
03:07:20 Based on the available area adjacent to the property within
03:07:22 the right-of-way, Jonathan Scott, our engineer in
03:07:28 transportation planning, based upon the technical standards
03:07:30 that we have, at the state level and the local level, the
03:07:34 distance from the end of pavement and from the south side
03:07:38 and the intersection with the alley, there is 45 feet there
03:07:41 available.
03:07:43 Then comes out to that distance so it's basically a two-car
03:07:49 area.
03:07:49 You can see two cars in that -- queue two cars in that area.
03:07:53 >>MARY MULHERN: Right.
03:07:54 But isn't Azeele a two-way street -- a two-laned street?
03:07:59 >> It's a 24-foot to the curb.
03:08:03 There's 12-foot lanes essentially.
03:08:05 >> So there's 12-foot lanes.
03:08:08 Is there parking on Azeele?
03:08:11 >> Part of the residential parking permit area, which is
03:08:14 another part of our concern.
03:08:16 On the opposite side of the alley, residential.
03:08:20 The front along Howard is commercial.
03:08:22 And predominantly residential.
03:08:25 So immediately behind it starts the residential parking
03:08:29 area.
03:08:30 >>MARY MULHERN: I have a question for you, Ms. Coyle, since
03:08:32 you are there.
03:08:33 And I don't know if we talked about this at the first
03:08:35 reading.
03:08:37 But this is the South Howard overlay district.
03:08:40 And part of the intent was to make it pedestrian -- I mean,
03:08:46 one of the biggest things was that it be pedestrian
03:08:50 friendly.
03:08:50 Now, the focus -- when you read it is that Howard nodes to
03:08:55 be pedestrian friendly.
03:08:56 But now you are talking about Azeele, the side street, which
03:08:59 is a residential street, which -- when you have 395, 295,
03:09:08 sorry, patrons, 71 cars, and they are all going to be going,
03:09:13 you know, at best if they use valet parking, going through
03:09:18 there.
03:09:20 When does the South Howard overlay component come into
03:09:27 consideration when they go through land use and planning?
03:09:33 >> Permitting, maybe renovations.
03:09:37 If they actually do all of this work on the site plan, it
03:09:39 will more than likely be triggered.
03:09:41 That's why they actually have them put a note on the plan,
03:09:45 that at any time they do some of the improvements, the
03:09:48 physical improvements shown in this, that they will obtain
03:09:52 any necessary variances or design review for the SoHo
03:09:56 overlay.
03:09:57 >> What they are asking for in the site plan, which is
03:09:59 asking us by right to give them --
03:10:02 >> They are not asking you for approval of the overlay.
03:10:06 They are asking for alcohol sales at this location.
03:10:07 >>MARY MULHERN: Right.
03:10:09 But they will have to meet SoHo overlay.
03:10:11 >> If they are required to comply, they are required to
03:10:15 comply --
03:10:16 >> But is that taken -- my question four, is that taken into
03:10:20 consideration at the point where they come in as the
03:10:22 petitioner with these plans?
03:10:28 It already is under the -- so what happens, if anything
03:10:32 comes in front of you?
03:10:34 I don't understand why it wouldn't already be a part of the
03:10:40 thinking, and the recommendations of the planning
03:10:44 department.
03:10:44 >> Well, it is.
03:10:45 We put them on notice if there's any overlay and it looks
03:10:48 like they are going to trigger the overlay requirements
03:10:50 potentially, but that happens at a different place.
03:10:53 It doesn't happen through an alcohol permit.
03:10:55 It Happed happens to the actual physical changes to the
03:10:57 property.
03:10:57 >> But we are being asked to approve --
03:11:00 >> You are being asked to approve alcohol.
03:11:02 >> Alcohol sales, based on what they are saying about
03:11:06 transportation requirements.
03:11:11 So if the transportation plans that they are showing City
03:11:13 Council are not consistent with what they are going to have
03:11:16 to face when they come for permitting, it seems to me that
03:11:21 that ought to be addressed to us, and to the petitioner,
03:11:25 before they come.
03:11:25 >> That's why we are objecting.
03:11:27 >> Okay.
03:11:29 So is that part of your objection?
03:11:32 >> Our objection is that he would don't find a waiver of 71
03:11:35 parking spaces.
03:11:36 >> Okay.
03:11:38 Thank you.
03:11:43 >>CHARLIE MIRANDA: I don't know if we used all the time for
03:11:45 petitioner rebuttal.
03:11:46 We had some questions.
03:11:48 We did?
03:11:49 Okay.
03:11:50 The clerk tells me the time was used completely in the
03:11:52 rebuttal.
03:11:55 So I need a motion to close 64.
03:12:00 Unless somebody wants to discuss it.
03:12:03 Mrs. Montelione?
03:12:04 >>LISA MONTELIONE: Just one comment.
03:12:05 And, you know, I don't know how this is going to go with my
03:12:08 fellow council members.
03:12:09 But all I can think in the back of my head -- and no offense
03:12:16 to the fellow in parking, but what if we have public
03:12:20 transportation?
03:12:22 If we had a good public transportation we wouldn't all be
03:12:25 worried about, where am I going to put my car?
03:12:27 And I know that's how you make your living, but really, I
03:12:35 mean, if you go to a lot of cities who are historic in
03:12:40 nature, who have, you know, very narrow streets, areas of
03:12:45 Boston come to mind, areas of Atlanta come to mind -- I
03:12:48 mean, there are a lot of places who deal with this every
03:12:52 day.
03:12:53 And it seems like we as a City of Tampa are going through
03:12:56 these growing pains, because we don't have adequate public
03:12:59 transportation.
03:13:00 And a lot of these neighborhood businesses that want to
03:13:04 open, whether it's a bar or restaurant or a retail shop or
03:13:11 whatever comes before us, God knows if it's a medical
03:13:13 office, and you have to have umpteen number of parking
03:13:16 spaces for your clients, we are struggling with parking
03:13:19 every single day, or at least every Thursday when we do
03:13:23 rezoning applications, and we are caught at that juncture
03:13:30 between, you know, having historic neighborhood with spots
03:13:36 that were never built to be businesses, they were built as
03:13:40 homes back then.
03:13:41 And one thing that struck me during the public comment --
03:13:45 and I believe Mr. Michelini is the one who said it, is that
03:13:49 people come into the area, they want to locate their
03:13:51 business there, and they tear down properties to put up
03:13:55 parking lots.
03:13:56 So we are losing historic structures.
03:14:00 We are using the character of our streets because they have
03:14:03 to tear down a building.
03:14:06 Maybe not the one that they operate in.
03:14:07 Maybe they have to tear down the one next door so they can
03:14:10 put the parking lot next door.
03:14:12 And that's very sad to me.
03:14:15 I mean, it's very sad that we have to tear down buildings to
03:14:19 put in a parking lot.
03:14:22 Again, no offense.
03:14:23 But I think that's where not only this application but many
03:14:31 other applications that we hear running into trouble,
03:14:35 because a lot of our neighborhoods have skinny, small
03:14:39 streets that weren't built to be business corridors.
03:14:42 They have evolved into business corridors.
03:14:44 And now we don't have the parking.
03:14:49 I don't know if that's going to mean anything to the
03:14:53 applicant or to the neighbors.
03:14:57 There's not really, I think, a good -- there's no good
03:15:01 answer to this right now.
03:15:04 >>CHARLIE MIRANDA: Thank you.
03:15:05 Mr. Bentley, I want to be as fair as I can.
03:15:07 After your five minutes were up, there were some comments
03:15:09 made by staff.
03:15:10 So I want to give you time to rebuttal those.
03:15:19 I just want a clear record.
03:15:20 >>MARK BENTLEY: I understand.
03:15:22 I appreciate the opportunity.
03:15:23 Here again I want to bring to council's attention that a lot
03:15:26 of the other locations around there, they also utilize valet
03:15:35 parking so it's not unique specifically to our client's
03:15:38 proposed business.
03:15:39 I just want to say here again, we have going at this for a
03:15:44 long time and the client and I really appreciate the time,
03:15:47 consideration, effort you have put into this.
03:15:48 I know it's a really difficult situation and it raised a lot
03:15:50 of issues, more local perspective in terms of what's going
03:15:55 on in parking issues and the like.
03:15:57 So here again, our mission was to come back on this one
03:16:00 narrow issue here and confirm we have valet.
03:16:03 And I don't know what more we can tell you.
03:16:06 We have done everything we could.
03:16:07 Thank you very much.
03:16:08 >> Appreciate it very much all of those who spoke for or
03:16:12 against.
03:16:12 I believe this hearing had all its necessary ingredients for
03:16:15 council to make a decision.
03:16:16 And I need a motion to close.
03:16:18 >> So moved.
03:16:19 >> Second.
03:16:20 >>CHARLIE MIRANDA: Motion by Mr. Cohen to close.
03:16:22 Second by Mr. Reddick.
03:16:23 Further discussion by council members?
03:16:24 All in favor of the motion to close?
03:16:27 Opposed?
03:16:28 The hearing is now closed.
03:16:30 What's the pleasure of the council?
03:16:35 No pleasures?
03:16:38 >>LISA MONTELIONE: I move the ordinance.
03:16:40 >> I have a motion by Mrs. Montelione to move the ordinance.
03:16:43 Do I hear a second?
03:16:45 Motion then dies for lack of a second.
03:16:47 >> You have to read the ordinance.
03:16:54 >>CHARLIE MIRANDA: It didn't get a second. So let me say
03:16:56 this.
03:16:56 Whether you are for or against -- and in this particular
03:17:00 case, I like for the record to be very, very clear, and
03:17:03 very, very straightforward, and please state the reasons
03:17:08 why -- not voting that way, I'm not asking that, but the
03:17:14 reason you are moving or not moving this ordinance one way
03:17:16 or the other.
03:17:17 Mrs. Capin?
03:17:18 >>YVONNE CAPIN: I just want to say that I was one of looking
03:17:31 to the condition and to the leases.
03:17:38 But the problem that I'm having, you know, there is a lot of
03:17:42 parking issues on Howard Avenue.
03:17:45 And that's why we have gone around and round and around.
03:17:49 When the owners of 717 stated that they do not own these
03:17:54 properties, that they lease them, those an issue, because
03:17:58 you are building on top of a house of cards, because you
03:18:01 have a lease and a lease and a lease.
03:18:04 And so, yes, the lease in the condition that the lease is
03:18:09 your lease is ended, and the petitioner has to find another
03:18:15 lease, or it is one of the conditions.
03:18:18 But you know what?
03:18:19 We have had issues where we have had places that there have
03:18:22 been murders, and we haven't been able to close them down,
03:18:30 not from here.
03:18:33 Not from here.
03:18:34 Law enforcement has done their efforts.
03:18:38 So I know that this young man is a very good businessman,
03:18:48 and I'm very sorry that, unfortunately, the lease is on top
03:18:54 of a lease on top of a lease, and that is very difficult to
03:18:58 enforce, and to prove.
03:19:05 So I will not be supporting this.
03:19:08 I'm very sorry.
03:19:10 >>CHARLIE MIRANDA: Let me say this.
03:19:11 I have been informed that we are going to have to reopen the
03:19:13 hearing momentarily.
03:19:15 There's a site plan that was -- and the correct site plan is
03:19:20 here and I want to row open the hearing.
03:19:22 Motion to reopen the hearing by Mr. Suarez, second by Mrs.
03:19:25 Montelione.
03:19:26 All in favor of the motion?
03:19:27 Opposed nay?
03:19:28 The ayes have it unanimously.
03:19:31 Ms. Coyle, off corrected site plan that somehow is the one
03:19:34 we need to put into the record.
03:19:35 Am I correct?
03:19:39 >>CATHERINE COYLE: Yes, sir.
03:19:40 There was a specific condition, I got the condition -- I
03:19:43 wasn't here at the last reading.
03:19:45 I apologize.
03:19:46 I requested the actual conditions that were placed in the
03:19:48 record by council, directed the applicant to address his
03:19:53 conditions on the site plan.
03:19:54 I got those from Mrs. Marshall.
03:19:56 She sent them over to me.
03:19:59 Typically they are black and white.
03:20:02 You direct them.
03:20:02 I read them on the plan.
03:20:03 This one was slightly blended.
03:20:06 So I went ahead and certified it but it was missing one
03:20:09 piece since the parking had to be within 1,000 feet for the
03:20:12 valet spaces.
03:20:13 So that's the correction that I made and initialed it on the
03:20:16 certified plan.
03:20:17 It was an error on my part yesterday when I certified it.
03:20:20 I missed that piece.
03:20:21 >>CHARLIE MIRANDA: So you do have the corrected site plan
03:20:25 for this file?
03:20:27 >> Yes.
03:20:27 You could approved it otherwise.
03:20:30 >>CHARLIE MIRANDA: I understand but I want the record to be
03:20:32 110,000 percent right.
03:20:34 >>MARTIN SHELBY: For the record, Mr. Chairman, irrespective
03:20:38 of what council does, I want the corrected certified site
03:20:41 plan to be what's in the clerk's file.
03:20:44 >>CHARLIE MIRANDA: I understand.
03:20:45 And she spoke.
03:20:45 I want to give you the last word.
03:20:47 >>MARK BENTLEY: Wait a second, Jason.
03:20:59 Excuse me.
03:21:00 Here the way this works is we have leases that meat the city
03:21:02 code requirement in terms of form by the city attorney for
03:21:05 five years on two of those locations without a termination
03:21:08 clause.
03:21:08 They were executed in June.
03:21:12 Jason's company, and the way the valet rules work, is they
03:21:15 lease property, like Safeway, any other valet company, okay?
03:21:19 Then we enter into a contract.
03:21:21 And I also want to remind City Council that when the martini
03:21:24 bar got approved in 2010, unanimously, they did the same
03:21:29 thing.
03:21:29 They presented a letter to the City Council from 717 saying
03:21:33 we will accommodate the required parking for the martini
03:21:36 bar, which is in the realm of 170 spaces, and they got
03:21:40 approved on that basis, too.
03:21:42 So we would think that our client is entitled to the same
03:21:45 consideration and treatment as council gave a similar
03:21:49 location, which Jason was involved in.
03:21:50 >> I would just like to say up and down Howard Avenue and
03:21:54 throughout the city --
03:21:55 >>CHARLIE MIRANDA: Excuse me.
03:21:56 I need your name again.
03:21:57 >> Jason McCarty.
03:21:59 I have been sworn in.
03:22:00 Throughout the entire city, not every parking operator
03:22:03 and/or bar owner is going to own that parking lot.
03:22:05 They are going to have to you go through some type of lease
03:22:08 agreement long-term.
03:22:09 I just want to say that for the record.
03:22:12 Because I can't tell you, unfortunately some of the stuff we
03:22:15 own -- and it's usually not the norm, is my point.
03:22:18 I just want to make that for the record.
03:22:20 Thank you.
03:22:21 >>CHARLIE MIRANDA: Thank you very much.
03:22:21 Mrs. Montelione and Mrs. Mulhern.
03:22:23 >>LISA MONTELIONE: Thank you.
03:22:25 And when we talk about the parking, you know, the idea that
03:22:30 you own the lot or not, there are lots of businesses that
03:22:37 operate and never own the property they operate in.
03:22:41 And it's immaterial to whether or not they own it, and they
03:22:47 have a contractual agreement.
03:22:48 And when I was lease administrator for the NCNB national
03:22:53 bank, we didn't own the properties.
03:22:54 We land leased them.
03:22:55 So we never owned the buildings that, you know, these banks
03:23:00 operated.
03:23:00 And I bet if you surveyed all the banks that are out there
03:23:03 right now, 90% of those banks are not owned by the banking
03:23:07 company.
03:23:08 They are leased.
03:23:09 They are leased property.
03:23:09 So whether or not you own the property, you know, to me is
03:23:15 immaterial.
03:23:16 And the other thing, you do kind of have a corner on the
03:23:19 market there with the parking in South Howard, and Safeway
03:23:23 you mentioned as well.
03:23:25 They also engage in the parking business.
03:23:28 And a lot of those patrons probably don't -- every time they
03:23:34 go from one establishment to another -- because most people
03:23:40 do.
03:23:40 That's why you see all the people, you know, that creates
03:23:43 what has been turned termed a dangerous situation with
03:23:46 people walking and crossing the street -- is because they
03:23:48 are going from one establishment to the other.
03:23:51 They are not getting in their car and driving down the block
03:23:53 and having to find another parking space and revalet their
03:23:57 car every time.
03:23:58 So the businesses who share the parking lots, they are
03:24:07 patronizing more than one business and never having to move
03:24:09 their car.
03:24:10 And the last thing, I know when I have gone to places
03:24:14 before, you go into a lot, and it says valet parking only.
03:24:21 And you can't -- even if you are going to one of the
03:24:24 businesses that are in that strip center, you are restricted
03:24:27 from parking in a certain part of the parking lot because
03:24:30 folks like 717 or Safeway have leased a part of the parking
03:24:35 lot and it's clearly blocked off.
03:24:37 It says valet parking only.
03:24:41 So if you have a large parking lot, there may be businesses
03:24:45 there who are located and operating there and there may be
03:24:48 other businesses that are leasing a part of the parking lot
03:24:51 for their valet.
03:24:52 So I think all the struggles that we are having over the
03:24:55 valet parking and, you know, how you are accommodating all
03:24:59 of the patrons for all of the businesses with the same valet
03:25:02 company, they have been doing this a long time.
03:25:04 They know it's kind of like -- I don't want to say dominos,
03:25:10 but a game where you slide, you know, one peg down and slide
03:25:14 it over and slide another peg up and slide that one over,
03:25:17 slide another one down.
03:25:21 They are not having to park every single person for every
03:25:28 establishment all at the same time.
03:25:30 Because people are going to all different establishments and
03:25:33 only parking their car once.
03:25:35 But again it all comes down to where am I going to put my
03:25:38 car?
03:25:39 >> I would like a document into the record and then these
03:25:47 the end of it.
03:25:47 >> Just state what that is for the council.
03:25:50 >>MARK BENTLEY: This is a site plan approval for another
03:25:53 alcoholic beverage special use permit in 2010 where valet
03:25:59 was an approved condition.
03:26:04 >>CHARLIE MIRANDA: I can see where this is going.
03:26:07 Any other council members?
03:26:14 Mrs. Mulhern.
03:26:15 >>MARY MULHERN: Yes.
03:26:17 Mr. Bentley, will you refresh my memory?
03:26:19 Where is the martini bar?
03:26:21 Or where was it, if that's what you are submitting?
03:26:24 Where is it?
03:26:26 He's Smith it.
03:26:27 I think he brought it up.
03:26:28 I would like to know where it is.
03:26:30 >>MARK BENTLEY: I know it's on Franklin Street.
03:26:33 >> Downtown?
03:26:33 >> Yes, ma'am.
03:26:36 >> Mr. McCarty does the valet.
03:26:39 To answer your question, Mrs. Mulhern, before you cut me
03:26:42 off --
03:26:43 >>CHARLIE MIRANDA: I didn't cut you off.
03:26:46 You said Franklin Street.
03:26:47 And I know where Franklin streets is at.
03:26:49 So does the judge.
03:26:50 >>MARY MULHERN: Please give it to him, Mr. Bentley.
03:26:59 >>MARK BENTLEY: 912.
03:27:01 >>CHARLIE MIRANDA: 912 what?
03:27:02 You want to get specific.
03:27:03 I want to get specific.
03:27:05 What's the zip code?
03:27:09 [ Laughter ]
03:27:11 >>MIKE SUAREZ: Motion to close.
03:27:13 >>CHARLIE MIRANDA: Motion to close by Mr. Suarez.
03:27:14 Second by Mr. Reddick.
03:27:17 All in favor of the motion indicate by saying aye.
03:27:19 Opposed nay.
03:27:20 The ayes have it unanimously.
03:27:21 >>MIKE SUAREZ: Make a motion to deny the petition.
03:27:25 I would like to make a motion to deny petition V-12-267 as
03:27:30 revised on 6-12-2013 and presented for second reading today,
03:27:36 understood Land Development Coordination, general regulation
03:27:40 requirements of code, under section 27-283 .2, and 283.7,
03:27:47 that the amount of waiver requested for parking spaces from
03:27:52 74 to 3 is excessive according to our own standards.
03:27:57 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.
03:27:59 I have a second by Mr. Reddick.
03:28:00 Discussion, Ms. Mulhern?
03:28:03 >>MARY MULHERN: Yes.
03:28:04 Mr. Chairman, I would like to add to the motion to deny some
03:28:13 specifics within our code.
03:28:16 Under general requirement section 27-237 through 242, and
03:28:24 all districts at the time of any increased intensity or any
03:28:27 other use or change of use establishing off-street parking
03:28:31 spaces shall be provided in accordance with the current
03:28:33 code.
03:28:34 That's not happening here.
03:28:36 We have the testimony of legal that the valet parking
03:28:41 required is not an enforceable replacement for the actual
03:28:46 parking spaces.
03:28:47 Under transportation, transportation found it inconsistent.
03:29:02 Understood general standards 27-269, number A-1, the use
03:29:10 will ensure the public health, safety and general welfare if
03:29:14 located where proposed and operated according to the plan
03:29:19 submitted.
03:29:19 I think because of the nature of the design of this
03:29:21 establishment, as opposed to the way that the South Howard
03:29:28 overlay district is supposed to be designed, normally, in
03:29:32 the back, Howard Avenue that fronts the front of the
03:29:37 establishment, and behind the establishment in the
03:29:39 commercial district, you would have the parking.
03:29:42 And that was the whole point behind that overlay, is that
03:29:45 parking would happen behind.
03:29:46 Not that there would be valet parking and movement of that
03:29:52 intensity on the street where you would create that traffic
03:29:55 on Azeele.
03:29:57 So I think those one of the problems.
03:29:58 Under number 3, the use is compatible with contiguous
03:30:03 surrounding property or the use of public necessity.
03:30:06 It may be compatible with the other bars surrounding it but
03:30:10 it is not compatible with the residential that is adjacent,
03:30:14 and it could have been if it had been designed without the
03:30:18 excessive amount of occupancy.
03:30:26 The use is in conformity with the Tampa comprehensive plan.
03:30:29 I can't imagine that adding another bar to what used to be a
03:30:36 mixed use urban village would fit in with the idea of
03:30:41 diversity of uses in a mixed use urban village.
03:30:47 And five, the use will not establish a precedent or
03:30:51 encourage more intensive or incompatible uses in the
03:30:54 surrounding area.
03:30:55 I think the fact that the attorney is trying to use
03:30:59 something from another neighborhood as a precedents for this
03:31:04 shows us that that's what happens when you approve waivers
03:31:07 of this magnitude, the next thing you know, you have
03:31:11 another -- you set a precedent in that particular
03:31:15 neighborhood.
03:31:16 So I don't think we need to set any more precedents for
03:31:20 extreme waivers of parking.
03:31:23 >>CHARLIE MIRANDA: Thank you.
03:31:24 Mr. Maker of the motion and seconder of the motion, do you
03:31:26 accept that?
03:31:28 >>MIKE SUAREZ: I do.
03:31:29 And one last, clear and competent substantial evidence of
03:31:33 the denial that the staff report be included as the reason
03:31:36 for the denial, also.
03:31:38 >>CHARLIE MIRANDA: Anything else, counselor?
03:31:40 >>MARTIN SHELBY: Just that council member Mulhern was
03:31:42 making reference to the general standards in your revised
03:31:46 staff report dated 6-20.
03:31:48 Those were renumbered under your code.
03:31:50 So what you were referring to is presently section 27-129.
03:31:54 >>CHARLIE MIRANDA: Thank you.
03:31:55 Ms. Capin?
03:32:00 >>YVONNE CAPIN: Maybe after the vote.
03:32:03 It appears that this is going to -- I don't know how it's
03:32:07 going to go but it appears that it may be denied.
03:32:10 So I would like you to state conditions under which this can
03:32:16 be brought back to council.
03:32:21 >>MARTIN SHELBY: If there are substantial changes?
03:32:27 Did you want to go through the litany of time frames?
03:32:32 I'm sorry.
03:32:40 >>CATHERINE COYLE: Planning and development again.
03:32:42 Special use 2 permit shall include application an
03:32:46 application which has a substantially similar request
03:32:49 described in the application involving the same lands or any
03:32:51 portion thereof for 12 months.
03:32:53 City Council may determine if this period does not apply, if
03:32:57 a new special use application has addressed the grounds for
03:32:59 denial identified during the hearing.
03:33:01 So if he were to come back again for a restaurant, and have
03:33:05 a substantially similar list of waivers and conditions, we
03:33:09 wouldn't let it come back unless you granted them the
03:33:11 ability and made the finding that it was different enough.
03:33:22 >>YVONNE CAPIN: Substantially different?
03:33:24 >> Correct.
03:33:26 >>YVONNE CAPIN: Then would it come back if it came to you
03:33:28 with substantial differences?
03:33:29 >> That provision of the code is going to be revised soon to
03:33:33 be similar to the rezoning provision.
03:33:35 But it's the same criteria.
03:33:38 It's a substantially similar finding.
03:33:40 So if he were to come back and all of a sudden be a totally
03:33:43 different use and a different set of criteria for alcohol,
03:33:46 totally different parking reduction, if the parking
03:33:49 reduction at all, if it were something that were totally
03:33:51 different, then we would let it come forward.
03:33:54 But if it were substantially similar, which this property
03:33:59 doesn't have a lot of parking anyway, more than likely, it
03:34:02 would have to come to you to make that finding first the way
03:34:05 the code is drafted now, whether or not you allow it to come
03:34:08 back within 12 months.
03:34:10 Otherwise, 12 month hold.
03:34:15 >> Thank you very much.
03:34:15 >>CHARLIE MIRANDA: I have a motion for denial by Mr. Suarez,
03:34:18 second by Mr. Reddick with the additions that were included
03:34:20 both by Ms. Mulhern and the addition by Mr. Suarez.
03:34:25 All in favor of that motion for denial, please signify by
03:34:28 saying aye.
03:34:29 Opposed nay.
03:34:30 Motion denied unanimously.
03:34:32 Thank you very much for appearing all of you, both sides
03:34:34 Let me go back now to 75 and 76.
03:34:37 Mrs. Montelione, would you kindly do 75 and 76 so I can get
03:34:43 the department heads back where they need to be?
03:34:46 >>LISA MONTELIONE: Certainly.
03:34:47 Happy to do so.
03:34:48 I would like to move 75 and 76 for approval.
03:34:57 >> I have a motion by Mrs. Montelione 75 and 76 to move
03:35:00 those two resolutions, a second by Mr. Suarez on 75 and 76.
03:35:04 All in favor of the motion?
03:35:06 Opposed?
03:35:07 Motion passed unanimously.
03:35:08 Thank you both, gentlemen, for being here for such a long
03:35:11 period of time.
03:35:12 I appreciate it very much.
03:35:14 We go to item number 65.
03:35:16 65.
03:35:21 We need all this input here.
03:35:23 >>GLORIA MOREDA: Land development.
03:35:23 The site plan has been certified for V-13-74 staff has no
03:35:32 other comments.
03:35:33 >>CHARLIE MIRANDA: Is the petitioner near this case?
03:35:35 I believe this is the cheese shop that wants to sell wine to
03:35:42 the cheese?
03:35:43 Anyone in the audience care to speak on 65, V-13-74, please
03:35:47 come forward.
03:35:47 Anyone on 65, 65, 65.
03:35:51 I see no one coming.
03:35:53 I need a motion to close.
03:35:55 I have a motion to close by Mr. Cohen, second by Mr. Suarez.
03:35:58 All in favor of the motion indicate by saying aye.
03:36:00 Opposed nay.
03:36:00 The ayes have it unanimously.
03:36:02 Mr. Suarez, would you kindly take number 65?
03:36:05 >>MIKE SUAREZ: I move an answerer for second reading and
03:36:10 adoption.
03:36:15 He substitute ordinance for second reading and adoption.
03:36:18 An ordinance for bar, lounge, consumption on premises and
03:36:24 off premises package sales and making lawful the sale of
03:36:27 beer and wine at or from that certain lot, plot or tract of
03:36:30 land located at 3225 South MacDill Avenue, Tampa, Florida as
03:36:35 more particularly described in section 2, that all
03:36:38 ordinances or parts of ordinances in conflict are repealed,
03:36:41 providing an effective date.
03:36:43 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.
03:36:45 Seconded by Mr. Cohen on 65.
03:36:49 V-13-74.
03:36:50 >>MARY MULHERN: All in favor of the motion -- roll call
03:36:53 vote.
03:36:54 Vote and record.
03:36:54 >>THE CLERK: Motion carried unanimously.
03:37:05 >>CHARLIE MIRANDA: Okay.
03:37:05 We go to item 66.
03:37:08 Yes, ma'am.
03:37:08 >>CATHERINE COYLE: I'll be brief.
03:37:12 Planning and development.
03:37:13 The item before you for second reading is chicken as an
03:37:15 accessory use to single-family attached and detached.
03:37:18 The only question you have to answer is yes or no whether or
03:37:20 not you want them on second reading and I'm available for
03:37:22 any questions.
03:37:24 >>CHARLIE MIRANDA: Thank you very much.
03:37:25 Any questions by council members?
03:37:26 This is a public hearing on item 66.
03:37:36 Anyone in the audience to speak please come forward.
03:37:39 >> Good afternoon.
03:37:44 My name is Linda Patton, address 3415 west Ellicott street,
03:37:49 Tampa.
03:37:50 For nearly 45 years I have lived in this same home, and I
03:37:53 love the fact that it's everything Tampa has to offer.
03:37:57 When she was young, plaza terrace was young, well manicured,
03:38:02 welcoming all with a graceful smile.
03:38:05 She isn't as lovely now.
03:38:09 The bounce in her step disappeared.
03:38:11 Owners have moved on, passed away, or too old to work to
03:38:14 keep her as lovely as she once was.
03:38:16 However, this ordinance is one reason this once grateful
03:38:20 lady is showing her age and losing her luster.
03:38:24 We do not live in the country.
03:38:26 We live in the city by choice.
03:38:28 Because of the few of the rest of us living in single-family
03:38:30 homes have no desire to smell chicken droppings, and simply
03:38:36 have it because a few folks would like to raise their own
03:38:39 eggs.
03:38:40 That's what grocery stores are for, folks.
03:38:43 The problems mushroomed will come back to peck at you over
03:38:45 and over again, I promise.
03:38:47 My immediate neighbor has 15 chickens, two roosters and
03:38:54 newly hatched bunch of chicks.
03:38:57 Many chickens are caged.
03:38:59 Many are not.
03:38:59 They may not fly but they jump to the fence or lower
03:39:03 branches of the tree or my yard where my dogs have a heyday.
03:39:07 Keep dogs from hurting chicken is not a full-time
03:39:12 occupation.
03:39:15 The passing of the ordinance unlike the chickens have no
03:39:18 teeth behind to the regulate it.
03:39:20 Allowing chickens and roosters, it cannot be regulated, and
03:39:24 if it cannot be regulated, you cannot allow it.
03:39:28 Not to look over 6-foot tall fences to observe these foreign
03:39:32 animals, and please, they are farm animals, not pets.
03:39:35 You don't see people walking them on leashes, playing
03:39:37 toss-the-corncobb with them, or teaching them to fetch.
03:39:41 If they were pets you would ensure that they are licensed as
03:39:45 my pets are and inspected to be certain the number would not
03:39:50 exceed ordinance limitations.
03:39:51 Code cannot enter the backyard, only leaving a note that
03:39:55 will be ignored each time they leave one, and they will
03:39:57 leave three or four and then send citations, and that will
03:40:00 be ignored.
03:40:01 I hear roosters all day and into the night.
03:40:04 And I can't tell you how much I enjoy them waking me up on
03:40:10 my days off.
03:40:11 How lovely a backyard barbeque is with them crowing nonstop.
03:40:14 Nothing could be done and nothing is done.
03:40:18 How lovely those council members who live in condos or lucky
03:40:22 enough to will never be exposed to the problem.
03:40:26 My daughter who lives in a county subdivision and surrounded
03:40:29 by chickens and roosters, and again nothing is done about
03:40:32 it. Absolutely nothing.
03:40:33 We expect more from Tampa.
03:40:35 We expect to have a better quality of life.
03:40:38 And we expect our elected representatives to protect that
03:40:41 expectation, not throw it back into the bone yard to please
03:40:45 a few not the many.
03:40:47 Thank you.
03:40:48 >>CHARLIE MIRANDA: Thank you very much.
03:40:49 Next, please?
03:40:50 Sorry, sir, that lady was before you.
03:40:54 Ma'am?
03:40:56 Well, make up your mind.
03:40:58 Whoever stood up first.
03:40:59 >> (off microphone)
03:41:05 North Suwanee Avenue in Seminole Heights.
03:41:08 I have been sworn.
03:41:10 I thought the chicken issue was decided last June and didn't
03:41:13 realize it was coming back.
03:41:15 But last summer, I sent in a letter for specifics that I had
03:41:18 researched with the city looking at the issue of chickens.
03:41:23 They are here.
03:41:25 And how to create an ordinance that would not create a
03:41:30 nuisance for the neighbors, and have a way of enforcing it.
03:41:34 Yes, code enforcement is nuisance driven, as far as
03:41:37 complaint driven.
03:41:38 And I believe what we were talking about is Hens only, no
03:41:42 roosters.
03:41:43 A limit as far as based on the square footage of the
03:41:46 property.
03:41:49 We were talking one per thousand feet but not having 15.
03:41:54 And, yes, quite a few people have them, and they do consider
03:41:58 them as pets.
03:42:00 And it is a great way as far as the teaching element for the
03:42:03 children knowing where food comes from, knowing where your
03:42:08 own food comes from.
03:42:10 As well as helping with the cycle of life.
03:42:14 And other issues.
03:42:15 As far as the backyard barbecue, as far as I know the
03:42:18 chickens, you can't reach over to the neighbor's house and
03:42:22 grab one of those to throw on the grill.
03:42:24 But it would be nice to go forward with having Fenn -- Hens
03:42:30 only with the city.
03:42:31 So I hope you all press forward with that, with the points
03:42:36 brought forward at earlier hearings.
03:42:39 Thank you.
03:42:40 >>CHARLIE MIRANDA: Thank you very much.
03:42:40 Next.
03:42:40 >>STEVE MICHELINI: I'm here on behalf of Dr. Lozette
03:42:48 Hernandez who had to leave earlier today, and she asked that
03:42:51 I speak on behalf of her grandmother, who lives at 3009 west
03:42:57 Kathleen street.
03:42:59 And the problem is that one of the neighbors has chickens at
03:43:03 3015 west Kathleen street, and they are not being contained
03:43:07 within the yard, so her question to the council for
03:43:11 consideration and to the staff is how is enforcement going
03:43:15 to be maintained for the containment of the chickens, if
03:43:19 it's a tenant as opposed to a homeowner, and who would be
03:43:22 responsible?
03:43:23 So they are asking that you consider that in your
03:43:26 deliberations on this ordinance.
03:43:28 And I respectfully request your assistance.
03:43:30 Thank you very much.
03:43:31 And good afternoon.
03:43:33 >>CHARLIE MIRANDA: Thank you.
03:43:34 I'll try to answer that.
03:43:38 If that's rental property, then the homeowner is the one
03:43:41 that's responsible.
03:43:42 That's my opinion.
03:43:43 I'm stickin' by it.
03:43:45 Yes, ma'am?
03:43:46 >> Susan Long, 920 east broad.
03:43:48 You know I'm opposed to this ordinance.
03:43:50 I have said it 20 times and you all are sick of hearing me.
03:43:54 The people across the street have four chickens the kids
03:43:58 brought home from school. They run all over the
03:44:00 neighborhood.
03:44:00 So the rental property down at the end of the street now
03:44:03 says, oh, we can have chickens. So they have two hens and a
03:44:07 rooster in their backyard.
03:44:08 I have spoken to code.
03:44:09 And code says there's no way to enforce it.
03:44:12 We aren't allowed to got in backyard.
03:44:14 We can't peek over the fence.
03:44:16 Running around outside.
03:44:20 By the time we get there, they are somewhere else.
03:44:23 There's absolutely no way so we aren't even going to try.
03:44:26 So you can quote all the code you want.
03:44:30 Once you put chickens there, they are anywhere they want to
03:44:33 be and as many as you want to have.
03:44:35 Thank you.
03:44:36 >>CHARLIE MIRANDA: Anyone else in the audience care to speak
03:44:37 on item 66?
03:44:38 Let me ask the legal department something.
03:44:40 If this is to pass, and there's roosters back there, and
03:44:44 code enforcement can't go in, how do you get rid of them?
03:44:50 Send a drone in there or what?
03:44:52 >>JULIA MANDELL: As you heard me say on many indication
03:44:58 occasions the burden of proof is on the local resident.
03:45:02 If we can't go on someone's property without getting some
03:45:06 kind of inspection, we would have to go Tourette court, get
03:45:09 an inspection warrant to get into the property.
03:45:11 Otherwise it would be very difficult to enforce the
03:45:14 provision, possibly because roosters, they do what roosters
03:45:19 do, which is squawk.
03:45:21 I mean, that would be an argument for the special
03:45:26 magistrate.
03:45:27 But obviously whenever you put in place a code, how you
03:45:30 enforce it and how you get behind to look in someone's
03:45:34 property can become an issue.
03:45:36 >>LISA MONTELIONE: Before you go, Mrs. Mandell.
03:45:43 In the case of a neighborhood, can code enforcement be
03:45:46 invited by a neighbor onto that person's property, and then
03:45:51 observe the chickens from their backyard?
03:45:56 >>JULIA MANDELL: I'm not an expert on what you can have
03:45:59 admissible in a code enforcement case, but I would imagine
03:46:02 that would be acceptable.
03:46:03 >> By chance it was my neighbor, and they don't have
03:46:10 chickens, by the way, but you can't see the backyard from
03:46:13 standing in front of the house.
03:46:16 But if you come into my backyard, you can certainly see into
03:46:19 their backyard, chain link fences.
03:46:22 >> You can see from their backyard as an invitee from
03:46:28 another person's property, I imagine that would be
03:46:30 admissible.
03:46:31 >> Thank you.
03:46:31 So all one has to do when they make a code enforcement
03:46:34 complaint, give code enforcement the opportunity to enter on
03:46:38 onto their own property to observe the goings on in any the
03:46:44 neighbor's.
03:46:45 >>CHARLIE MIRANDA: Mr. Reddick?
03:46:47 >>FRANK REDDICK: Thank you, Mr. Chair.
03:46:50 Thanks to legal.
03:46:52 Let me ask legal a question.
03:47:06 Is it legal to pass --
03:47:08 >>JULIA MANDELL: There's two questions.
03:47:10 One is the ordinance on its face, legal, not vague, not
03:47:17 taking away anybody's due process rights.
03:47:20 On its face, and on its face is it enforceable?
03:47:25 Yes.
03:47:25 That doesn't necessarily mean how you go ahead and enforce
03:47:28 it, whether or not it is easily enforceable, whether or not
03:47:33 in any individual case you can get enough evidence to
03:47:35 enforce that.
03:47:36 I mean, everyone had the same issue associated with it.
03:47:40 It's how are you going to enforce it?
03:47:42 Same thing when you approve any kind of land use decision
03:47:45 with conditions.
03:47:46 That's always something we struggle with, something we all
03:47:49 struggle with.
03:47:49 And it's always an issue.
03:47:52 But the question in front of you and the question I can
03:47:55 answer today is on its face, this ordinance is legal, and
03:47:58 it's legally enforceable.
03:48:00 Whether or not in an individual case it would be a problem,
03:48:04 we can't worry about enacting ordinance at the point of
03:48:09 approving your ordinance.
03:48:10 >> Who is responsible?
03:48:14 >>JULIA MANDELL: It would be code enforcement.
03:48:16 And potentially the Land Development Coordination folks
03:48:19 depending on how they provide that.
03:48:23 >>FRANK REDDICK: So if a chicken is walking down the
03:48:25 street --
03:48:31 >>CATHERINE COYLE: If I could, and the clerk will tell you
03:48:32 when, talking about the bird sanctuary issue, and I think
03:48:36 you asked for a report back.
03:48:39 I was going to work with legal on restructuring.
03:48:43 Because if a chicken is walking down the road or crosses the
03:48:45 road -- you knew I would put that in at some point, what
03:48:49 happens when the chicken crosses the road -- it's covered by
03:48:53 the bird sanctuary and those where the enforcement gets a
03:48:56 little gray.
03:48:56 Because we could certainly go to the person that he would
03:48:58 think is their chicken and say something but if they don't
03:49:01 claim it, it's a free roaming bird.
03:49:03 >> So if the chicken in this coop in the backyard, and the
03:49:10 chicken flies over into someone else's backyard, are you
03:49:15 telling me we are going to waste code enforcement time by
03:49:20 calling code enforcement and asking them to send somebody to
03:49:25 enforce this because somebody's chicken got loose?
03:49:28 Is that what we are saying here today?
03:49:31 >> What I would hope is between neighbors --
03:49:33 >> That won't happen.
03:49:34 >> But beyond that, if there is a complaint, throws a
03:49:37 complaint.
03:49:37 >> We have got all of these abandoned homes, all of these
03:49:41 overgrown lots, and this ordinance is discussing about a
03:49:46 chicken flying across somebody's fence, call code
03:49:49 enforcement.
03:49:50 >> And they have the best land development regulations we
03:49:55 have.
03:49:55 Call code enforcement.
03:49:56 The vast majority of them.
03:49:58 >>FRANK REDDICK: Do you have a position for code
03:50:05 enforcement pertaining to these ordinances?
03:50:07 >> We have a group of code enforcement officers broken up by
03:50:10 geographical areas.
03:50:11 >> And they have been trained -- they have been trained to
03:50:16 catch chicken?
03:50:17 >> They are not actually allowed to catch chicken.
03:50:20 >> What is code enforcement going to do?
03:50:23 I mean, why are they going out there if you call code
03:50:28 enforcement?
03:50:29 What do they go out, scoop the chicken back up?
03:50:34 >> If you recall, the bird sanctuary regulation is on the
03:50:37 books.
03:50:38 If the chicken is not on private property and it's free
03:50:41 roaming on public land or public right-of-way, it is a
03:50:44 protect pro texted bird.
03:50:45 And that bird cannot be moved, changed, molested, in other
03:50:51 words, in any way by anybody.
03:50:53 >> So my last question is, what is their role?
03:51:01 If this relates to enforceable action.
03:51:05 >>CATHERINE COYLE: If the chicken is on your property and
03:51:07 you want someone to deal with it --
03:51:09 >> Well, I don't want it.
03:51:14 I know what I am going to do it with.
03:51:16 You aren't going to see it again.
03:51:19 [ Laughter ]
03:51:19 >> That goes back to the dog comment.
03:51:21 But aside from that, if a neighbor does call about chickens,
03:51:24 whether it's noise or smell or chickens roaming around their
03:51:28 property that is not there's, as Ms. Mandell said, code
03:51:33 enforcement is going to evaluate, they are allowed to go --
03:51:36 they are going to go on property they are allowed to go
03:51:39 onto.
03:51:39 They won't go onto property they aren't allowed to.
03:51:43 They are going to listen to whatever people are saying and
03:51:45 try to figure it out.
03:51:46 And that's with any issue, not just chickens.
03:51:49 Dogs, cats.
03:51:53 >>MIKE SUAREZ: Quick question, Catherine.
03:51:56 I know I'm the only one that calls you Catherine.
03:52:00 On the bird sanctuary, can we make an ordinance to remove
03:52:04 chickens from the bird sanctuary?
03:52:06 Or is that all encompassing, meaning we can't pick and
03:52:10 choose?
03:52:12 >>CATHERINE COYLE: That's actually what we are researching
03:52:14 right now.
03:52:14 >> I think you saw some of the questions we had, the chicken
03:52:21 cross the road, what you can do is get rid of that chicken,
03:52:23 and it can end up in Mr. Reddick's pot, or mysteriously
03:52:29 disappear for one reason.
03:52:30 But I think for me, I agree with Mr. Reddick's point, which
03:52:34 is this is unenforceable, you know, type of ordinance.
03:52:38 It's almost impossible for us to determine whether or not
03:52:42 someone's chickens are getting out and who they belong to.
03:52:45 I mean, if it's as great of a public need as was presented
03:52:52 by some of the folks that came before us over the past year,
03:52:55 you know, there's going to be poem growing eggs and have
03:53:04 chickens in it backyard and a whole cottage industry of
03:53:07 chicken wire and chicken coops and everything else and look
03:53:10 like the movie, you know, "on the waterfront."
03:53:15 There's going to be chickens on roofs.
03:53:18 I don't think that's actually going to happen but I think
03:53:20 the point is well taken by Mr. Reddick that once you come
03:53:23 back, make sure you talk to all of us about how we can
03:53:25 remove the chickens from the sanctuary language.
03:53:28 >> From the research, figure out what our limits are,
03:53:32 whether or not we can peck a certain type of bird -- cook a
03:53:38 certain type of bird.
03:53:40 >>CHARLIE MIRANDA: Anyone in the audience who has not
03:53:42 spoken?
03:53:42 I need to close before the chicken crosses the street.
03:53:48 I need a motion to close.
03:53:52 Mrs. Montelione makes a motion to close.
03:53:54 Second by Mr. Cohen on item 66.
03:53:56 All in favor of the motion please indicate by saying aye.
03:53:59 Opposed nay.
03:54:00 The ayes have it unanimously.
03:54:01 Ms. Mulhern.
03:54:02 >>MARY MULHERN: Thank you, Mr. Chairman.
03:54:05 I move an ordinance being presented for second reading and
03:54:08 adoption, an ordinance of the city of Tampa, Florida
03:54:10 relating to chickens making revisions to City of Tampa code
03:54:14 of ordinances, amending chapter 27, zoning and land
03:54:17 development, amending section 27-43, definitions, amending
03:54:22 section 27-156, official schedule of district regulations,
03:54:27 amending section 27-177, historic district established,
03:54:34 amending section 27-211.8 schedule of permitted uses by
03:54:38 district, amending section 27-282.25, kennel, small,
03:54:42 amending section 27-282.26, kennel, large, amending section
03:54:47 27-282.27, animals, in general, creating section 27-282.28,
03:54:53 chicken as an accessory use, repealing all ordinances or
03:54:57 parts of ordinances in conflict therewith, providing for
03:55:00 severability, providing an effective date.
03:55:01 >>HARRY COHEN: Second.
03:55:03 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern.
03:55:05 I have a second by Mr. Cohen.
03:55:06 Further discussion by council members?
03:55:08 This is a roll call vote.
03:55:11 Second reading of this chicken ordinance.
03:55:15 Vote and record.
03:55:25 >>THE CLERK: Motion carried with Suarez and Reddick voting
03:55:28 no.
03:55:31 >>CHARLIE MIRANDA: Okay.
03:55:32 We go now to item 67.
03:55:35 I need a motion to remove from the agenda.
03:55:39 >>MIKE SUAREZ: So moved.
03:55:40 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez to remove
03:55:42 67 from the agenda.
03:55:43 Second by Mrs. Mulhern.
03:55:44 Further discussion by council members?
03:55:46 All in favor of the motion please signify by saying aye.
03:55:49 Opposed nay.
03:55:49 The ayes have it unanimously.
03:55:51 We go to second reading on item number 68.
03:55:54 68.
03:55:55 City?
03:55:59 >>CATHERINE COYLE: Planning and development.
03:56:00 This is second reading for the final area for the Seminole
03:56:03 Heights planning area.
03:56:07 The northeast sector.
03:56:09 And I'm available for any questions.
03:56:12 We respectfully ask --
03:56:14 >>CHARLIE MIRANDA: Questions by council members?
03:56:15 We go to the public on 68.
03:56:17 Anyone in the audience care to speak on item 68?
03:56:19 68?
03:56:29 I don't know if they are coming up or not.
03:56:32 There we are.
03:56:33 Item number 68.
03:56:34 Yes, sir.
03:56:34 >> Good afternoon.
03:56:38 My name is Raymond Kohler.
03:56:40 I live at 1227 east talton Avenue in Seminole hits for the
03:56:44 past 34030th years and I'm a member of the Hampton
03:56:47 terrace neighborhood association.
03:56:48 I know the Hampton HTNA is requesting that Hampton be
03:56:54 exempted from the form based zoning.
03:56:55 Before you decide on this I feel it's very important that
03:56:58 you be aware that Hampton terrace neighborhood association
03:57:00 is not speaking for all of Hampton terrace.
03:57:03 When Hampton terrace neighborhood was created, the officers
03:57:09 were not elected with a sweeping mandate.
03:57:12 It came down to a matter of just a few votes.
03:57:15 It was not a landslide election.
03:57:17 And in view of this, Shannon Edge, who was the city
03:57:21 representative at that time, cautioned the new board to be
03:57:25 inclusive and to cement the neighborhood together to
03:57:28 accomplish good things after this very wrenching experience
03:57:31 on an extremely he mogul election.
03:57:34 They were supposed to represent everybody in Hampton
03:57:37 terrace.
03:57:37 Well, today HTNA has not followed the spirit of the
03:57:42 neighborhood working together.
03:57:44 This is blatantly displays played when recently a business
03:57:48 tried to set up shop in our neighborhood.
03:57:50 An officer of HTNA met with the perspective merchant and
03:57:55 offered to hammer out operating instructions but they never
03:57:58 did contact the neighborhood.
03:57:59 The immediate neighbors are very affected by this,
03:58:03 especially with their young families but never given the
03:58:06 respect of being sounded out because they would be so
03:58:10 impacted how they felt about the issue.
03:58:13 HTNA should have contacted them before he ever started
03:58:16 trying to make arrangements with this late-hour business.
03:58:20 Instead, these concerned neighbors had to come down to
03:58:23 express their opposition to the council, and they actually
03:58:25 did prevent -- present such compelling arguments that the
03:58:29 council did veto this late night liquor store.
03:58:32 And now he would see the whole thing happening again.
03:58:35 This issue with the form based zoning is one that was wide
03:58:42 accepted for the area for Hampton terrace and many other
03:58:46 areas wanted to be accepted but HTNA made no attempt to con
03:58:50 vas the neighborhood, to get the feel of the neighborhood.
03:58:52 They have not been responsible on this issue to represent
03:58:54 the entire neighborhood.
03:58:56 What they should do as officers of the neighborhood is
03:59:01 inform and educate the neighborhood, then have a dialogue
03:59:05 with the neighbors to be see what we think, what we have
03:59:07 learned, and then they should represent everybody.
03:59:10 They should not be allowed to make unilateral decisions, or
03:59:14 decisions that are based -- or supported fully by positions
03:59:20 for our Piniella opinion.
03:59:22 Please in this matter listen to all the residents of
03:59:25 Hamilton terrace and you will find there are many more
03:59:28 besides me and do not let HTMA dictate the future of our
03:59:32 neighborhood without including us in any type of decision.
03:59:35 Thank you very much.
03:59:36 >>CHARLIE MIRANDA: Thank you.
03:59:37 Next, please.
03:59:37 >> My name is MONA robeson, 1211 east Hannah Avenue in
03:59:45 Hampton terrace, A and I hand to you 184 letters form based
03:59:51 planning from the neighbors of Hampton terrace.
03:59:54 I was a member of the HTNA.
03:59:56 I am not anymore.
03:59:57 And we were so appalled when we were at the last meeting to
04:00:00 hear that someone was speaking for us without actually
04:00:02 asking us our opinion that we -- several neighbors spent the
04:00:06 last three weeks and many, many hours of our time canvassing
04:00:10 the neighborhood talking to people, finding out that no one
04:00:13 has ever spoken to them about it.
04:00:14 And so these are for you all.
04:00:22 We actually, on the letter and you can read it when you get
04:00:28 a copy of it -- we actually sent a letter to the neighbors
04:00:32 and explained to them just in brief detail what form-based
04:00:36 zoning was, how it affected the commercial district, how it
04:00:39 affected the residential district, and we told them what had
04:00:42 happened at the last meeting and asked them if they agreed,
04:00:44 to please sign it.
04:00:45 We obviously didn't have time to canvas the entire
04:00:48 neighborhood.
04:00:48 But I think we got a lot of people to sign up.
04:00:52 So thank you.
04:00:52 I really hope that you support it.
04:00:54 I think it would be terrible to pull us out from the 9600
04:00:59 parcels that are part of Seminole Heights to pull out 500
04:01:03 homes out.
04:01:04 We would be really upset.
04:01:05 Thank you.
04:01:07 >>CHARLIE MIRANDA: Thank you very much.
04:01:07 Next, please.
04:01:08 >> Evan Kinghaus, 1227 East Powhattan Avenue in Seminole
04:01:20 Heights.
04:01:21 I'm speaking on behalf of McDonald, one of our members who
04:01:25 is not here and she left her comments for me to read to you.
04:01:30 I am going to read to the you verbatim so please excuse the
04:01:33 lack of eye contact.
04:01:35 Mr. Shimberg and members of the City Council, I own my home
04:01:40 at 5605 9th street north, and form based zoning for
04:01:46 Seminole Heights.
04:01:47 I'm here to support -- support your approval -- excuse me.
04:01:56 The change in form based zoning codes for areas of Seminole
04:02:00 Heights.
04:02:01 I am here -- property owners who don't want change.
04:02:10 I think we all know that property rights are guaranteed by
04:02:13 the Constitution of the United States and by the State of
04:02:14 Florida.
04:02:16 I value everyone's property rights.
04:02:19 A reason also to be concerned about increasing property
04:02:22 values and form based zoning throughout Seminole Heights.
04:02:27 I value I want the value of my property and my neighbors'
04:02:31 property to increase.
04:02:31 It will increase the tax base if I pay more taxes and you
04:02:34 will have less money to spend on city services.
04:02:43 Commercial properties here, form based codes, they can
04:02:46 repurpose those buildings, provide for small businesses that
04:02:50 are major sources of employment in our country.
04:02:55 And add even more money to the economy.
04:03:00 It just might mean, that you don't have to come to so many
04:03:04 council meetings to vote for variances.
04:03:07 If people know from the start the code will not support the
04:03:11 purpose of the property, won't be applying for variance.
04:03:15 Last but not least, the city is trying to bring Tampa into
04:03:20 the 21st century.
04:03:22 I support the refurbishing of old buildings, and the code
04:03:27 says help protect neighborhoods just as they do in other
04:03:27 countries around the world.
04:03:28 It will never get to be a great city unless we go back to
04:03:31 letting the majority decide issues and not letting a small
04:03:34 handful of residents block progress and a better life for
04:03:36 all the people of Tampa.
04:03:39 Before I say thank you, that's evidenced by the letter Mona
04:03:44 just handed in to you. So thank you for considering this,
04:03:49 for considering this form based zoning for Seminole Heights.
04:03:51 Again I am in support of it personally.
04:03:53 And so is Ann.
04:03:55 Thank you very much.
04:03:56 >>CHARLIE MIRANDA: Thank you very much, sir.
04:03:57 Next, please.
04:03:58 >> Sid Roberts, 1424 east Idlewild Avenue, in Hampton
04:04:04 terrace.
04:04:04 I do want this to pass.
04:04:06 We need this zoning.
04:04:07 That's all I have to say.
04:04:08 Thank you.
04:04:10 >>CHARLIE MIRANDA: Thank you very much.
04:04:11 Anyone else who has not spoken?
04:04:12 >> Susan Long, 920 East Broad Street.
04:04:20 I do live in this area and the whole area that I live in, we
04:04:25 haven't heard one complaint.
04:04:27 Everybody is totally in support of it.
04:04:28 So please pass this.
04:04:29 Thank you.
04:04:30 >> Thank you very much.
04:04:30 Ms. Coyle?
04:04:33 Has as this ordinance stands now is it all inclusive
04:04:37 including Hampton terrace?
04:04:39 >> That's correct.
04:04:39 >> I want to make sure before we continue.
04:04:41 Anyone else in the audience who would care to speak on this
04:04:43 item ha that has not spoken, item 68?
04:04:46 Any other comments by council members?
04:04:48 Need a motion to close.
04:04:49 >> Motion to close.
04:04:50 >>CHARLIE MIRANDA: Motion which Mrs. Montelione to close,
04:04:52 second by Mr. Suarez on 68.
04:04:55 All in favor indicate by saying aye.
04:04:58 Opposed nay.
04:04:59 The ayes have it unanimously to close.
04:05:01 Mrs. Montelione, would you kindly read this ordinance?
04:05:04 >>LISA MONTELIONE: (off microphone).
04:05:10 >>CHARLIE MIRANDA: 68.
04:05:10 >>LISA MONTELIONE: Item 68.
04:05:15 I move an ordinance being presented for second reading and
04:05:18 adoption, an ordinance of the city of Tampa, Florida
04:05:20 relating to an area rezoning, the general location of which
04:05:23 is south of the Hillsborough River, north of Hillsborough
04:05:26 Avenue, west of 22nd street and Rowlett park drive and east
04:05:31 of a boundary running south on interstate 275 from hills
04:05:35 important river to Henry Avenue thence running east to Henry
04:05:39 Avenue to the alley immediately west of Nebraska Avenue,
04:05:42 thence running south to Hillsborough Avenue in the city of
04:05:46 Tampa, Florida from zoning district classifications for
04:05:48 residential RS-50 and RS-60, residential multifamily RM-16
04:05:55 commercial neighborhood CN commercial general CG and
04:05:59 commercial intensive CI to Seminole Heights specific zoning
04:06:03 classifications SH-RS, SH-RM, SH-CN, SH-CG, and SH-CI
04:06:11 providing for notice providing an effective date.
04:06:15 >>CHARLIE MIRANDA: Motion by Mrs. Montelione.
04:06:16 Second by Mr. Suarez.
04:06:18 Roll call vote.
04:06:19 Vote and record.
04:06:19 >>THE CLERK: Motion carried with Capin being absent at
04:06:24 vote.
04:06:29 >>CHARLIE MIRANDA: Thank you.
04:06:30 We go now to item 71 which I have been asked to present
04:06:33 first before item 69.
04:06:34 They have a companionship here.
04:06:36 Item 71.
04:06:38 The second public hearing regarding the annexation.
04:06:50 Ordinance.
04:06:50 Anyone in the audience care to speak on item number 71?
04:06:54 It's regarding annexation of approximately 7.68 acres of
04:07:01 land in unincorporated Hillsborough County.
04:07:03 >>FRANK REDDICK: Move to close.
04:07:07 >>LISA MONTELIONE: Second.
04:07:09 >>CHARLIE MIRANDA: All in favor?
04:07:10 Opposed?
04:07:10 The ayes have it unanimously.
04:07:12 I am going give this to Mr. Cohen since he sits right
04:07:14 next -- all right, I gave you that one.
04:07:17 Mrs. Montelione.
04:07:18 >>LISA MONTELIONE: It's now Tampa.
04:07:22 Thank you.
04:07:22 I move an ordinance being presented for second reading and
04:07:25 adoption, an ordinance relating to the voluntary annexation
04:07:27 to the city of Tampa, Florida, a municipal corporation
04:07:31 existing under the laws of the State of Florida of certain
04:07:33 unincorporated land in the general vicinity of 10610 broken
04:07:37 arrow drive and 10550 taboo drive and consisting of
04:07:42 approximately 7.68-acre of land annexing the property into
04:07:46 the City of Tampa upon voluntary petition from the owner of
04:07:49 the property, redefining and extending the boundary lines of
04:07:52 the City of Tampa to include the property, providing an
04:07:55 effective date.
04:07:56 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.
04:07:58 I have a second by Mr. Suarez.
04:08:01 And this is the second hearing.
04:08:03 Public hearing.
04:08:03 Roll call vote.
04:08:04 Vote and record.
04:08:12 >>THE CLERK: Motion carried with Capin being absent at
04:08:15 vote.
04:08:18 >>CHARLIE MIRANDA: We go to item number 69 now.
04:08:21 This is the second public hearing for the amendment to the
04:08:24 Tampa comprehensive plan and the general vicinity of 10610
04:08:31 broken arrow drive.
04:08:32 Anyone in the audience care to speak on item number 69?
04:08:36 I see no one.
04:08:37 Motion to close by Mr. Suarez.
04:08:38 Second by Mr. Reddick.
04:08:39 All in favor of the motion please indicate by saying aye.
04:08:42 Opposed nay.
04:08:44 Motion carries unanimously.
04:08:45 Mr. Reddick, will you kindly read number 69?
04:08:49 >>FRANK REDDICK: Move an ordinance being presented for
04:08:52 second reading and adoption, an ordinance amending the Tampa
04:08:57 comprehensive plan, future land use map for property located
04:09:00 in the general vicinity of 10610 broken arrow drive and
04:09:04 10550 taboo drive, from residential 1, R 1, to suburban
04:09:10 mixed use 3, SMU-3, providing for repeal of all ordinances
04:09:16 in conflict, providing for severability, providing an
04:09:18 effective date.
04:09:21 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.
04:09:22 Second by Mr. Suarez on a close vote with Mr. Cohen.
04:09:25 Roll call vote.
04:09:27 Vote and record.
04:09:37 >> Motion carried with Capin being absent at vote.
04:09:41 >>CHARLIE MIRANDA: We go to item 70.
04:09:43 Anyone in the audience care to speak on item number 70?
04:09:45 70?
04:09:51 I see no one.
04:09:52 Motion to close by Mr. Reddick, second by Mr. Cohen.
04:09:55 All in favor?
04:09:56 The ayes have it unanimously.
04:09:58 The item is now closed.
04:09:59 Mr. Cohen, will you kindly take number 70?
04:10:02 >> I move an ordinance being presented for second reading
04:10:04 and adoption, an ordinance amending the Tampa comprehensive
04:10:07 plan, future land use map, for the property located in the
04:10:12 general vicinity of the southwest quadrant of South
04:10:15 Westshore Boulevard at west press Scott street from light
04:10:19 industrial LI to residential 35, R 35, providing for repeal
04:10:24 of all ordinances in conflict, providing for severability,
04:10:27 providing an effective date.
04:10:29 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
04:10:32 Mrs. Mulhern on a close vote with Mr. Suarez.
04:10:34 Roll call vote.
04:10:35 Vote and record.
04:10:35 >>THE CLERK: Motion carried with Capin being absent at
04:10:45 vote.
04:10:49 >>CHARLIE MIRANDA: We go to, I believe, item 72.
04:10:51 >>MARY MULHERN: That's coming back August 22nd of '13.
04:11:04 73 is continued to August 22nd.
04:11:06 So that takes care of 72 and 73.
04:11:09 74 goes to October 24th.
04:11:14 >>MARTIN SHELBY: I'm sorry, but would you like to set a
04:11:19 time for that?
04:11:20 Because I believe it wasn't mentioned on the addendum.
04:11:25 We have something now at 9:00 in the morning.
04:11:29 >>CHARLIE MIRANDA: Give me a time, somebody.
04:11:31 >>MARTIN SHELBY: 9:30?
04:11:33 10:00?
04:11:34 Depending on how long you want to extend the workshop at
04:11:36 9:00 on the 24th.
04:11:37 The economic development of West bank of west Tampa and Main
04:11:39 Street in old West Tampa.
04:11:47 >>CHARLIE MIRANDA: That item then is 10:00 in the morning.
04:11:48 >> That's fine.
04:11:52 10:00 in the morning.
04:11:54 Just for item 74.
04:11:57 >>CHARLIE MIRANDA: Then 74 is at 10:00 in the morning.
04:11:59 All in favor of that motion for October 24th, 2013, at
04:12:04 10:00, 2013.
04:12:05 All in favor?
04:12:06 Opposed?
04:12:07 Motion passed unanimously.
04:12:10 The other two are taken care of, I assume?
04:12:13 >> Yes.
04:12:16 >>CHARLIE MIRANDA: Item 75 is completed.
04:12:20 76 is completed.
04:12:21 77 -- that's withdrawn.
04:12:28 That goes to 78.
04:12:34 Continued public hearing.
04:12:35 Withdrawn.
04:12:36 We are batting 100 right now.
04:12:38 >>MARTIN SHELBY: Could I make a motion to accept the
04:12:40 withdrawal?
04:12:41 >>MIKE SUAREZ: Move that we accept the withdrawal.
04:12:44 >>CHARLIE MIRANDA: Motion by Mr. Suarez on 78 to withdraw,
04:12:49 seconded by Mr. Reddick.
04:12:50 All in favor of that motion please signify by saying aye.
04:12:53 Opposed nay.
04:12:54 Motion passes unanimously.
04:12:57 Item 79.
04:13:08 >>GLORIA MOREDA: Is it open?
04:13:09 V-13-62.
04:13:11 This is the application for alcoholic beverage sales for
04:13:15 convenience retail, beer, wine, on premises consumption and
04:13:20 package sales off premises consumption.
04:13:22 The property is located at 101 north 12th Street, suite
04:13:28 number 101.
04:13:32 There are no waivers being requested in this application.
04:13:37 The sales area is 973 square feet.
04:13:41 It is -- there is available 101 parking spaces on-site.
04:13:47 It's actually a mixed use building.
04:13:52 The property is located at the corner of Whiting and 12th
04:13:58 Street in the Channelside district.
04:14:01 It's an existing coffee shop.
04:14:07 Here is a picture of the current location.
04:14:10 The view looking north on 12th.
04:14:15 And this is looking south on 12th.
04:14:20 View along Channelside.
04:14:22 And a view along White.
04:14:27 It's an existing coffee shop, as I said, and is currently
04:14:32 approved as a convenience retail for package sales.
04:14:35 They are wanting to do consumption on premises.
04:14:38 And their hours of operation as it relates to the alcoholic
04:14:41 beverage sales will be Monday through Saturday, 7 a.m. to 3
04:14:46 a.m.
04:14:48 Sunday, 11 a.m. to 3 a.m.
04:14:51 Staff has no objections with the request.
04:14:53 There are certain site plan revisions that I have submitted
04:14:57 for the record that we would like to have before second
04:15:00 reading.
04:15:05 >>CHARLIE MIRANDA: Thank you very much.
04:15:05 Officer?
04:15:07 >> Don Miller, City of Tampa police.
04:15:09 We have in objection.
04:15:10 >>CHARLIE MIRANDA: Petitioner?
04:15:13 Is petitioner here?
04:15:29 >> Vehicle try coffee.
04:15:32 >>CHARLIE MIRANDA: Thank you very much.
04:15:32 Anyone in the audience care to speak on this petition?
04:15:34 Number 79.
04:15:36 V-13-62.
04:15:37 Do I hear anyone?
04:15:39 I see no one.
04:15:40 I hear no one.
04:15:42 Motion to close by Mr. Reddick.
04:15:43 Second by Mr. Cohen.
04:15:44 All in favor of the motion please indicate by saying aye.
04:15:47 Oh, I'm sorry.
04:15:48 Before I close, Ms. Capin.
04:15:52 >>YVONNE CAPIN: You are going to be open Monday through
04:15:53 Saturday, 20 hours a day?
04:15:55 And on Sunday, 16 hours.
04:15:59 >> We are currently during the week from 7 to 6.
04:16:04 So right now we shut down at 6.
04:16:06 We would like --
04:16:07 >> you just put the hours.
04:16:12 >> Yes.
04:16:13 We probably only stay open till nine or ten through the
04:16:16 week, depending.
04:16:27 >>YVONNE CAPIN: Mrs. Kert, these are the hours the city
04:16:30 allows?
04:16:31 >>REBECCA KERT: Staff is indicating that it's on the site
04:16:33 plan.
04:16:33 >> Because that's what we asked for as of 1998 or something
04:16:38 like that.
04:16:39 >> I recall at some point within the last several years, I
04:16:41 believe City Council had directed, because there's so much
04:16:44 conversation about hours of operation, that the hours of
04:16:46 operation be directly placed on the site plan, and City
04:16:49 Council be notified of what those hours were.
04:16:51 >> And that's what we --
04:16:59 >>REBECCA KERT: That was a request of City Council, unless
04:17:01 somebody wants to tell me different.
04:17:02 There's no actual code requirement that it be posted that
04:17:06 the condition could be removed and they would just operate
04:17:09 under whatever hours.
04:17:11 >>YVONNE CAPIN: I think that would be my recommendation,
04:17:15 that they not be posted on the site plan.
04:17:23 >>CATHERINE COYLE: Planning and development.
04:17:26 I would say between first and second reading you can ask us
04:17:29 to default to code and we can change that note.
04:17:33 >>YVONNE CAPIN: Thank you.
04:17:35 Then that's what I request.
04:17:37 >>CHARLIE MIRANDA: I am not going to close the hearing
04:17:39 until -- what is it that you want?
04:17:43 Don't tell me what the city has.
04:17:44 Tell me what you want.
04:17:45 >> As far as hours?
04:17:47 >> Yes, sir.
04:17:47 >> Right now we are open till 6:00 during the week.
04:17:51 We are open till 9:00 on the weekends.
04:17:54 We would like to at least increase it to 9:00 or 10:00.
04:17:58 What do I want?
04:17:59 >>CHARLIE MIRANDA: I wish I could speak for you but I can't.
04:18:01 >> Well, the maximum allowed by the city.
04:18:11 >>CHARLIE MIRANDA: Yes?
04:18:16 I'm about ready to -- go on, Mr. Suarez.
04:18:18 >>MIKE SUAREZ: Do you have a business plan?
04:18:20 Like everyone else, we have what the max is.
04:18:22 We have what you are now.
04:18:24 What do -- where do you want to be?
04:18:26 Do you want to be at 10:00, 11? That's what we need to know
04:18:31 so we can put it on the site plans and go forward.
04:18:33 >>LISA MONTELIONE: May I?
04:18:37 >>CHARLIE MIRANDA: Just one second.
04:18:38 Let me finish this conversation before I go to another.
04:18:43 >>YVONNE CAPIN: The only recommendation I would make is that
04:18:44 it default to code.
04:18:47 And I am not interested in the hours that you want to
04:18:49 operate.
04:18:50 I was looking at these hours.
04:18:52 But I'm not interested -- I'm interested in what we have on
04:18:54 the code.
04:18:55 And I would suggest that we default to code.
04:18:58 >> I agree.
04:19:00 >>CHARLIE MIRANDA: Mr. Suarez and then Mrs. Montelione.
04:19:01 >>MIKE SUAREZ: (off microphone).
04:19:09 >>CHARLIE MIRANDA: Mrs. Montelione?
04:19:09 >>LISA MONTELIONE: I don't want you to make a snap decision
04:19:14 and change your hours of operations or say 9:00 or 10:00
04:19:18 like the chair mentioned, because as Mr. Suarez pointed out,
04:19:23 this is a business decision, and I don't want you to knee
04:19:27 jerk react because whatever you say is going to be what you
04:19:31 have to stick to, and that concerns me.
04:19:34 So if we default to this code, then it's the maximum hours
04:19:40 here.
04:19:41 And if that's what you base your business decision on, I
04:19:45 don't want you to like all of a sudden throw something out
04:19:49 there and then go home and regret it later.
04:19:52 Because in this forum, in the 30 second or five minutes, not
04:19:58 even five minutes that you have had to think about it, it's
04:20:02 a life changing decision.
04:20:05 And I don't think that it's fair to put you in that spot,
04:20:09 right here, right now, make a snap decision, what do you
04:20:12 want?
04:20:12 So that's my concern.
04:20:15 So I just wanted to put that on the record that I caution
04:20:18 you to decide off the cuff.
04:20:25 And I think Mr. Suarez is getting at that.
04:20:29 >>MIKE SUAREZ: And if I could, I take what you say at face
04:20:36 value primarily because if you are a business owner and you
04:20:39 change what you are doing with your business, you must have
04:20:41 some idea of where you want to be.
04:20:43 So I don't think it's a snap decision.
04:20:51 But let him answer.
04:20:52 Do you have any thought whatsoever as to what your hours are
04:20:56 actually going to be?
04:20:57 That's the question we are asking you.
04:21:02 If you don't know, you don't know.
04:21:04 You have to put something on the record, that's all.
04:21:05 >> We came in per the site plan and what the code allows.
04:21:12 We haven't determined our exact hours yet.
04:21:13 Once it's approved, then we'll decide what our hours are
04:21:18 going to be.
04:21:19 >>CHARLIE MIRANDA: Okay.
04:21:19 Anyone in the audience care to speak on this subject matter,
04:21:23 number 79, V-13-62, please come forward.
04:21:28 No one showing up?
04:21:29 Okay.
04:21:30 I need a motion to close.
04:21:32 I have a motion by Mrs. Montelione to close.
04:21:34 Second by Mr. Cohen.
04:21:35 All in favor of the motion please indicate by saying aye.
04:21:38 Opposed nay.
04:21:39 Motion to close passes unanimously.
04:21:41 Okay.
04:21:42 Who wants to read this ordinance?
04:21:45 Mrs. Montelione.
04:21:46 Mrs. Capin?
04:21:50 >>YVONNE CAPIN: Yes.
04:21:52 Just a reminder to default to code.
04:22:00 That's what he said -- says it here.
04:22:03 >>MARTIN SHELBY: I think the point that Councilman Capin is
04:22:10 remove the hours in the site plan so that what in controls
04:22:14 is not site plan.
04:22:17 >>YVONNE CAPIN: That's correct.
04:22:18 Defaults to code.
04:22:19 >>LISA MONTELIONE: I understand that.
04:22:21 But the problem I have with that is if we change the code,
04:22:24 we have just changed his business hours.
04:22:28 And I don't know that City Council should be in the position
04:22:31 to change his business hours.
04:22:36 If it defaults to code and we change the code, we changed
04:22:38 his business hours.
04:22:39 If it's on the site plan, we can't change his business
04:22:42 hours.
04:22:42 >>MARTIN SHELBY: That is absolutely correct.
04:22:46 And council is contemplating -- council is going to be
04:22:50 discussing a mechanism by which you can, in effect, license
04:22:54 businesses to comply with their conditions.
04:22:57 >> Right.
04:22:58 But we haven't done that yet.
04:23:00 >>MARTIN SHELBY: That's correct.
04:23:01 >>LISA MONTELIONE: He's making application under the
04:23:03 current code, and he came to us under the current code, and
04:23:06 I would like to go forward under the current code.
04:23:08 Not have him subject to a discussion of us possibly change
04:23:16 you are our rules that we haven't had yet.
04:23:19 >>MARTIN SHELBY: Right. But the code does not require the
04:23:21 operations of operation be placed on the site plan.
04:23:23 And it came up in the discussion in the alcoholic
04:23:26 workshop --
04:23:27 >>LISA MONTELIONE: I understand that.
04:23:28 >>MARTIN SHELBY: I just want to be clear on that so
04:23:30 whatever council wishes to do that it's clear.
04:23:32 >>LISA MONTELIONE: I just want to operate under the current
04:23:35 code.
04:23:37 >>YVONNE CAPIN: But that isn't the code.
04:23:38 It is not required on the site plan.
04:23:43 Ms. Coyle, is it required on the site plan?
04:23:46 >>REBECCA KERT: Legal department.
04:23:49 No, it's not required to be on the site plan.
04:23:51 >> I'm sorry?
04:23:52 >> The hours of operation are not required to be on the site
04:23:54 plan.
04:23:57 >>YVONNE CAPIN: Thank you.
04:23:57 If you would like them, then that's what will happen.
04:24:01 If you don't, you don't.
04:24:03 But those are the hours.
04:24:04 >>LISA MONTELIONE: I'm trying to understand.
04:24:07 It's on the site plan.
04:24:08 The hours of operation that are here, 7 a.m. to 3 a.m., the
04:24:14 following day, Sunday, 11 to 3 a.m. on the following day.
04:24:19 If that's on the site plan you can operate your business
04:24:21 anytime within those hours.
04:24:22 You can decide to close earlier if you want.
04:24:26 But you can operate -- if it's on the site plan.
04:24:28 If it's not on the site plan, and we change the code, later
04:24:32 on, then your business is going to be subject to whatever we
04:24:36 change the code to.
04:24:40 >>CHARLIE MIRANDA: Do you understand that?
04:24:43 >>LISA MONTELIONE: So do you want to keep it on the site
04:24:45 plan or you don't want to keep it on the site plan?
04:24:47 That's the question.
04:24:48 >> Keep it on the site plan.
04:24:50 >>LISA MONTELIONE: I am going read the ordinance as stated.
04:24:54 I move an ordinance for first reading consideration, an
04:24:56 ordinance approving a special use permit S-2 for alcoholic
04:24:59 beverage sales, convenience retail, consumption -- wait a
04:25:04 second.
04:25:04 Yes, okay, I'm sorry.
04:25:06 That's the right one.
04:25:07 It's getting late.
04:25:08 An ordinance approving a special use permit S-2 for
04:25:11 alcoholic beverage sales, convenience retail, consumption on
04:25:14 premises, package sales off premises and making lawful the
04:25:17 sale of beer and wine at or from that certain lot, plot or
04:25:20 tract of land located at 101 north 12th Street, suite 101,
04:25:25 Tampa, Florida and as more particularly described in section
04:25:28 2, that all ordinances or parts of ordinances in conflict
04:25:31 are repealed, providing an effective date.
04:25:34 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione on
04:25:36 first reading.
04:25:38 Do I have a second?
04:25:40 Second by Mr. Reddick.
04:25:41 Item number 79, V-13-62.
04:25:44 All in favor of the motion please indicate by saying aye.
04:25:47 Opposed nay.
04:25:48 Motion passes unanimously.
04:25:50 Thank you very much for appearing.
04:25:52 >>THE CLERK: Second reading of the ordinance will be held
04:25:54 August 1st at 9:30 a.m.
04:25:57 And the vote was taken with Mulhern being absent at vote.
04:26:02 >>CHARLIE MIRANDA: Thank you very much.
04:26:02 We go to item number 81.
04:26:04 Public hearing review.
04:26:10 Continuation.
04:26:18 Quasi-judicial.
04:26:20 Anyone in the audience who hasn't been sworn in must be
04:26:23 sworn in.
04:26:24 (Oath administered by Clerk).
04:26:32 >>> Eric Cotton, Land Development Coordination.
04:26:35 This is a petition for review for VRB 13-33 located at 11302
04:26:42 north Oregon Avenue in the Forest Hill subdivision near the
04:26:44 golf course.
04:26:47 The applicant is Jimmy Jordan.
04:26:50 The application was heard by the variance review board on
04:26:51 May 14, 2013. The applicant is asking for two separate
04:26:56 variances.
04:26:57 On the site plan.
04:26:58 They are asking for building separation.
04:27:01 You may be aware the zoning is -- required feet five feet to
04:27:10 zero feet and 7-foot tall fence along the rear property
04:27:13 line.
04:27:16 The board denied the request.
04:27:17 The applicant did submit a letter of support from the Forest
04:27:20 Hill neighborhood association which should be in a packet
04:27:23 that you all received from the clerk's office.
04:27:26 And if you have any questions regarding the request, I will
04:27:28 be more than happy to answer them for you.
04:27:31 >>CHARLIE MIRANDA: Any questions at this time?
04:27:33 Petitioner?
04:27:33 >> Good afternoon, Mr. Chairman and members of council.
04:27:43 I have been sworn in.
04:27:44 I am John LaRocca, Murphy LaRocca consulting and I'm a Sith
04:27:49 assisting the applicant and petitioner Jimmy Jordan.
04:27:52 I will make a brief presentation due to the late hour.
04:27:54 I will present as much information and fact as I can with
04:27:58 regard to the petition for review.
04:27:59 And if you have any specific questions for me or of the
04:28:02 owner/petitioner, please do so.
04:28:05 This is a request -- and for the record, there were two
04:28:08 requests as Mr. Cotton indicated, an increase in fence
04:28:15 height along the western property line from six to seven
04:28:18 feet and the waiver of the eve to eve setback of criteria
04:28:23 for accessory structure.
04:28:27 For the record, I want to state we want to take off the
04:28:30 table any request of increased fence height so we would like
04:28:33 to focus or requests and comments today on simply the waiver
04:28:36 to the setback from eve to eve accessory structure to
04:28:41 principal structure.
04:28:41 With that said, and as Mr. Cotton indicated, one of my jobs
04:28:45 in assisting Mr. Jordan is to make sure that we entered
04:28:49 everything into the record.
04:28:50 One of the items that we have been asked to present is a
04:28:52 copy of the DVD from the Variance Review Board hearing.
04:28:56 Ford record I will submit that along with what some knew
04:29:01 information that is being presented today from the original
04:29:03 hearing, as a letter from Tampa Electric Company.
04:29:06 I'll address that in a moment.
04:29:07 I am reentering into the record the letter from the Forest
04:29:10 Hills neighborhood association that indicated support of
04:29:14 this particular application, and the original letter and
04:29:18 updated letter from the adjacent property owner most
04:29:21 affected, if you will, that live directly to the west of the
04:29:24 property, and that's a letter from Mr. Alan worth who owns
04:29:29 the property at 11301 north Rome Avenue directly to the rear
04:29:33 or to the west of this property.
04:29:34 And I am also submitting two illustrations, one showing
04:29:38 prepared by Mr. Jordan that illustrates the accessory
04:29:41 structure in relationship to the current code, and the
04:29:45 proposal showing what the elevation of that street face
04:29:50 would look like with the variance that is requested.
04:29:54 And if I may submit that to the clerk for the record.
04:30:12 The request before us today, and the reason for the
04:30:14 petition, is to seek a setback waiver from the required
04:30:19 5-foot eve to eve requirement for accessory structures to
04:30:24 essentially a zero setback eve to eve.
04:30:26 The proposal is to build a metal carport/accessory structure
04:30:31 to be located to the west of the current home that has and
04:30:37 what would be adjacent to the existing garage component of
04:30:39 the home that's built into the home.
04:30:42 The home, the reason for the justification, that I have just
04:30:45 submitted into the record, is a letter from Tampa Electric
04:30:47 Company indicating, there have been some recent incidents of
04:30:52 some emergency situations where there is a TECO power
04:30:55 easement that exists along the western property line, and
04:30:59 buried into the original plat for that subdivision running
04:31:07 the entire length of homes for that easement.
04:31:10 There is a TECO power line that runs to the rear of the
04:31:12 home.
04:31:12 That power line and the lines that are there utilize from
04:31:15 what I am told by Verizon and Bright House, TECO has
04:31:19 prepared a letter based on an incident where one of the
04:31:22 lines fell and was creating a hazard.
04:31:25 TECO was asked if at all possible that the 3-foot easement
04:31:30 that is to the rear of the property, that happens to be the
04:31:33 same setback requirement understander accessory use along
04:31:37 that property line, should be at a minimum 9 feet wide.
04:31:41 The applicant is proposing to locate the accessory structure
04:31:45 that he is proposing to be located closer to the home -- and
04:31:50 I will give some of the justification and reasons for
04:31:51 that -- and trying to keep as much of a setback off of the
04:31:55 western property line that would illustrate and allow access
04:32:01 of vehicles into that backyard if necessary.
04:32:21 Mr. Jordan would like an accessory structure that meets all
04:32:24 aspects of the code with regard to height, area of the
04:32:31 space, but move it closer to home for physical reasons that
04:32:34 he has, but also to be able to capture and recognize that
04:32:37 the existing home has a substantial eve.
04:32:40 There is a four foot separation between the structures.
04:32:44 The proposal will be able to capture rain, if you will,
04:32:48 stormwater runoff into the existing gutter, and at the same
04:32:50 time allow a setback that would allow lawnmowers to use that
04:33:03 property.
04:33:04 Entered into the record was a letter from Tampa Electric
04:33:06 Company asking that any structure that was placed in that
04:33:09 area, that nine feet or more, would even be better for
04:33:13 access of the vehicles.
04:33:15 And Mr. Jordan can address some of the instances where TECO
04:33:18 had to get back there.
04:33:19 With that said, we believe there is circumstances that exist
04:33:24 with regard to the design and configuration of that
04:33:27 property, and the fact that Tampa Electric Company would ask
04:33:32 for a larger setback of any structure that would be placed
04:33:36 on that property.
04:33:37 Mr. Jordan respectfully requests that that be considered.
04:33:41 The property to directly across the street -- and I would
04:33:44 like to just show a picture -- is of an existing
04:33:48 single-family home with a three-car parking garage.
04:33:51 Obviously, Mr. Jordan is attempting to design an accessory
04:33:58 structure that will be comparable to the extension of the
04:34:00 garage of the home.
04:34:01 With that said, we would be glad to share any other
04:34:04 information with you, presenting any other facts.
04:34:07 In Jordan is here to answer any questions with regard to the
04:34:11 proposal and how he intends on using that property.
04:34:15 I know the hour is late.
04:34:16 And I respect your time.
04:34:18 And I will be glad to answer questions.
04:34:20 Thank you.
04:34:21 >>CHARLIE MIRANDA: Ms. Mulhern?
04:34:22 >>MARY MULHERN: Mr. LaRocca, we just got this diagram.
04:34:29 So there's a two-car garage, and Mr. Jordan wants to add a
04:34:34 carport?
04:34:35 There already is a two-car garage?
04:34:38 >> There's a built-in two-car garage at the existing home.
04:34:41 That is correct.
04:34:43 If I may expand upon the answer to that question, he is
04:34:47 attempting to remove the existing accessory structure that's
04:34:51 in the rear yard now and utilize this new accessory
04:34:54 structure as an area to consolidate what's in the yard now,
04:34:59 and to utilize workshop material, et cetera.
04:35:02 >>MARY MULHERN: Thank you.
04:35:15 >>CHARLIE MIRANDA: Any other council members at this time?
04:35:18 Ms. Mulhern?
04:35:22 >>MARY MULHERN: (off microphone) is that the applicant's
04:35:26 house?
04:35:26 >> No.
04:35:27 That is the property across the street.
04:35:29 I wanted to show the character that there are at least
04:35:31 garage doors facing that directly across from the property.
04:35:34 I have photographs of the existing home.
04:35:39 This is the front of the current home that faces Oregon.
04:35:42 And I only have pictures at this point that is of the sign
04:35:54 that we put up.
04:35:57 And that picture reflects an existing structure that's to be
04:36:00 removed.
04:36:10 >>CHARLIE MIRANDA: Any further comments, petitioner? Anyone
04:36:12 in the audience care to speak on item 81?
04:36:14 >> Gayle Madison.
04:36:26 I have been sworn.
04:36:27 I reside at 10409 cliff circle.
04:36:33 I am coming forward in support of this variance.
04:36:38 As you can see on the Elmo, the existing structure that sits
04:36:43 on the west or back property line along with Mr. Jordan's
04:36:48 other equipment is all going to be removed.
04:36:54 And the fact that he has such a large overhang, he is trying
04:37:00 to incorporate this overhang with the accessory structure so
04:37:05 that it represents tree, car, garage, instead of having it
04:37:10 broken up, and sit separately on the property.
04:37:14 This use by TECO is very valuable to the neighborhood,
04:37:19 because of all the padding in our neighborhood years ago.
04:37:23 Most of the power lines go down the rear of the homes.
04:37:28 And everyone from there to the all have fences.
04:37:38 This is the only accessible way that TECO has of getting
04:37:40 into the property.
04:37:42 Also, I think that the addition of this accessory closer to
04:37:50 the home utilizes the back that he will be able to have more
04:37:54 of a control of the runoff over water.
04:37:59 It will not be coming off of his house and off of two side
04:38:03 of the accessory structure.
04:38:04 It will all be routed in one direction.
04:38:11 It also makes more of a compatible use.
04:38:14 All of this will be closed behind the fence.
04:38:16 And we and the neighborhood all used this quite extensively,
04:38:21 and believe that it is a plus.
04:38:25 And Mr. Jordan is a very conservative neighbor, and also
04:38:31 this type of addition is, of course, compatible with the
04:38:38 rest of the neighborhood, and it's nothing but a win-win for
04:38:41 us.
04:38:42 >>CHARLIE MIRANDA: Thank you, Mrs. Madison.
04:38:44 And we want to say that worry certainly hopeful that you
04:38:47 came through with your successful surgery and you are
04:38:49 looking much better.
04:38:50 >>LISA MONTELIONE: She always looks good.
04:38:54 >>CHARLIE MIRANDA: Mrs. Mulhern.
04:38:55 >>MARY MULHERN: I guess -- so is TECO in need of having
04:39:03 that structure taken down?
04:39:05 >> Yes.
04:39:08 >>MARY MULHERN: We just got the file in so I haven't read
04:39:11 that.
04:39:11 >> LaRocca: And maybe this is not the best aerial to show
04:39:16 you, but if I may.
04:39:22 What you are looking at on the Elmo is -- the property, the
04:39:28 white roof structure, the northwest corner of Oregon and 4,
04:39:34 is the applicant's property.
04:39:36 The block, if it were split, the rectangle block were split
04:39:40 north-south, the TECO line currently exists, lines in what
04:39:46 is three feet on either side of the center line of that
04:39:49 block, with transformers and other lines that serve other
04:39:53 utilities in that area.
04:39:54 If you look at that carefully, you will see a bunch of
04:39:57 stuff, whether legally permitted or not over the years.
04:40:01 There are structures, and from what I understand, in
04:40:04 communicating with the petitioner, who lives there, and has
04:40:07 experienced some of the emergency access needs, when they
04:40:11 come knock being on Mr. Jordan's door, when they need to get
04:40:14 that there, in the back of the property, and in talking with
04:40:18 TECO representatives, it is important for TECO, if at all
04:40:22 possible, to maintain as much open space along that rear.
04:40:27 And even though there's an easement of three feet, they have
04:40:29 asked -- the code would allow a structure to be placed three
04:40:34 feet from that line, any new structure by right without
04:40:38 requesting any waivers or variances.
04:40:40 But because of all the factors in consideration, TECO is
04:40:43 very pleased to know that if there's an opportunity to move
04:40:46 this accessory structure and justify that structure to move
04:40:49 farther to the east, they would prefer a greater setback,
04:40:52 and removal of anything those within that nine feet from the
04:40:55 center line, if you will, of that block.
04:40:57 >>MARY MULHERN: Okay.
04:41:00 >> If I have answered the question.
04:41:02 >>MARY MULHERN: I guess you have.
04:41:03 You need to show a hardship.
04:41:05 But this hardship, what was the hardship you presented to
04:41:11 the -- TECO is the new information we have?
04:41:14 >> And quite honestly, we didn't present that, because what
04:41:19 I was given to work with and the survey, many surveyors, as
04:41:23 I was told, don't pick up -- this is based on a conversation
04:41:26 that we had with TECO in terms of their needs.
04:41:28 Didn't want to by here say present issues that TECO
04:41:31 presented.
04:41:32 But that's why we submitted the letter.
04:41:34 >> I need to see that letter then, whoever has it, if we
04:41:37 could have it.
04:41:37 >> Right.
04:41:38 And the hardship is that common to other areas in the area,
04:41:50 there are some factors associated with this property, like a
04:41:53 much larger overhang on existing structure, and with TECO
04:41:57 wanting to see the accessory structure farther away from
04:42:04 that property line offers some hardship justification for
04:42:07 granting of that waiver.
04:42:07 >> But it was the petitioner -- the whole TECO thing is kind
04:42:23 of after the fact.
04:42:24 They are saying, yes, this would help, rights?
04:42:29 This is what generated the request in the first place?
04:42:32 >> Originally, the applicant -- he wanted the ability to
04:42:34 have maintaining -- because obviously the code says if you
04:42:40 maintain a five-foot setback eve to eve, you can push the
04:42:45 accessory structure all the way to the other property line,
04:42:48 and close to three feet from that property line.
04:42:51 But he needs a certain amount of face in an access I
04:42:56 structure that meets code to be able to put it a little bit
04:42:59 closer to the home to maintain the size dimensions.
04:43:03 >>MARY MULHERN: But what seems to have come out just now is
04:43:06 he wants a three-car garage.
04:43:08 Is that what we are talking about?
04:43:10 >> Again, I would have to ask Mr. Jordan to address
04:43:13 specifically what he's going to do in this structure but
04:43:15 it's not just for garage.
04:43:18 He's trying to make it look like a garage, that it meets the
04:43:20 appearance of the neighborhood.
04:43:22 >>MARY MULHERN: Is this common in that neighborhood,
04:43:24 three-car garages?
04:43:26 >> There's one right across the street.
04:43:27 >> I saw the one.
04:43:28 >> Yes.
04:43:30 Well, that's the one I am very familiar with.
04:43:33 >> Because it's not a common thing in most of the City of
04:43:35 Tampa, except in St. Petersburg, or Davis Island, eleven car
04:43:43 garages.
04:43:45 Okay.
04:43:48 >>CHARLIE MIRANDA: Any other comments by council members?
04:43:51 This is a public hearing.
04:43:52 Anyone in the audience care to speak on this hearing, item
04:43:54 number 81?
04:44:01 I see no one.
04:44:03 Any other comments of petitioner?
04:44:07 I need a motion to close by Mr. Reddick.
04:44:09 Seconded by Mrs. Montelione.
04:44:11 All in favor of the motion please indicate by saying aye.
04:44:13 Opposed nay.
04:44:14 Motion to close passes unanimously.
04:44:16 What's the pleasure of council?
04:44:17 >>LISA MONTELIONE: Thank you, sir.
04:44:21 I move to overturn the VRB decision and approve the variance
04:44:25 request of the applicant.
04:44:26 >> Second.
04:44:28 >>LISA MONTELIONE: I'm sorry.
04:44:33 Based on the ability of the applicant to demonstrate the
04:44:39 need for extending the fence from 6 feet to 7 feet --
04:44:45 >>CHARLIE MIRANDA: No, the fence is out.
04:44:45 The fence is out.
04:44:46 I'm sorry.
04:44:49 The fence is out.
04:44:49 They made that --
04:44:51 >> It's only the setback.
04:44:53 >>CHARLIE MIRANDA: Only the setback with the requirements
04:44:54 and so forth and so on.
04:44:56 >>LISA MONTELIONE: I'm looking for the standard of review,
04:45:04 to site that.
04:45:09 Must demonstrate a hardship.
04:45:11 Is that correct?
04:45:14 I was log at standard of review number 2, the hardship of
04:45:19 difficult does not relate in the applicant's created
04:45:22 hardship shall not justify a variance, and number one, the
04:45:26 alleged hardship practical difficulties are unique and
04:45:31 singular with respect to the property, or with respect to
04:45:33 the structure building, and not those suffered in common
04:45:38 with other property structures of buildings similarly
04:45:41 located.
04:45:42 And I think the applicant has demonstrated that the
04:45:46 situation of the property and the placement of the structure
04:45:52 would fit those two criteria, and it would not substantially
04:45:57 interfere or injury the health, safety, welfare of others
04:46:00 whose property would be affected by allowance of the
04:46:04 variance.
04:46:04 That's number three.
04:46:06 >>CHARLIE MIRANDA: We have a motion by Ms. Montelione.
04:46:08 I believe the second was by Mr. Cohen.
04:46:10 On a close vote with Mr. Reddick.
04:46:12 Further discussion?
04:46:13 Yes, sir.
04:46:13 >>MARTIN SHELBY: Just to clarify, that part of the motion
04:46:16 is to accept the withdrawal of the fence variance request?
04:46:21 >>CHARLIE MIRANDA: Correct.
04:46:21 >>MARTIN SHELBY: And this pertains to the decision
04:46:23 receipting to the setback.
04:46:24 >>LISA MONTELIONE: Yes.
04:46:26 Thank you, Mr. Shelby.
04:46:30 >>CHARLIE MIRANDA: Okay. Need to vote.
04:46:33 Motion made by Mrs. Montelione. Second by Mr. Cohen.
04:46:35 All in favor of the motion please indicate by saying aye.
04:46:38 Opposed nay.
04:46:41 Motion to overturn the Variance Review Board is unanimous.
04:46:44 Thank you very much. Okay.
04:46:47 We go to new business, information report by council
04:46:50 members. We go right to left.
04:46:52 Mr. Suarez.
04:46:53 >>MIKE SUAREZ: Thank you, chair.
04:46:57 I only have one piece of new business.
04:46:59 This just came over the wire or came over that Detroit has
04:47:05 filed bankruptcy, and largest bankruptcy in the nation's
04:47:09 history for a municipality.
04:47:10 The reason I mention it is because there has been
04:47:13 speculation that because of Detroit's financial difficulty,
04:47:18 the ripple effects throughout the bonding community will
04:47:21 affect every city throughout the United States, including
04:47:24 us.
04:47:24 So we have to keep a close watch on that, as we go through
04:47:28 our budgets, and determine what our short and long-term debt
04:47:34 obligation is going to be.
04:47:36 I was just coincidentally in Detroit last week.
04:47:39 And although we are nowhere near the size of Detroit both in
04:47:43 terms of geographic size or population, they lost a quarter
04:47:47 of their population over a ten-year period, primarily
04:47:50 because of economic conditions, but also because of
04:47:54 mismanagement, and malfeasance in some areas.
04:48:00 I just mention it because we do have to keep our eye on the
04:48:03 ball.
04:48:03 >> Thank you for bringing that up, but himself they are
04:48:06 making another mistake to sell the water company and that is
04:48:09 one of the things they want to do.
04:48:11 Thank you very much.
04:48:12 Mrs. Capin.
04:48:15 >>YVONNE CAPIN: (off microphone)
04:48:16 Yes.
04:48:17 I have to say that both Miguel Cabrera, chair, and director
04:48:23 Lapano, on this week and last week's news that was brought
04:48:28 to us, and the reason I bring up the community, the Indian
04:48:31 community was extremely -- actually, it was their initiative
04:48:36 that started this -- but I have to say, Carerra set the
04:48:43 stage with the two Super Bowls and the RNC contracts that he
04:48:50 was very much involved in set that stage, and I'm so glad
04:48:53 that we are going see Bollywood awards here, so I want to
04:48:53 say congratulations to Santios Carerra for setting that
04:49:02 stage for us in the city.
04:49:04 As far as director Lapano, he has been with us a year and a
04:49:09 half, two years, and ha has brought us two -- three
04:49:15 international flights to Tampa, and COPA airlines signed up
04:49:20 in the first inaugural flight is in December, 16 or 17, and
04:49:28 when I spoke to Mr. Lopano, he said he couldn't see why more
04:49:32 elected officials couldn't be on there.
04:49:34 So I signed up.
04:49:35 And I will be on the inaugural flight to Encoba.
04:49:41 So I want everyone to know that these two people are adjusts
04:49:44 really, really moving our city forward.
04:49:48 But I want to bring up Bollywood, and the reason is because
04:49:52 it was stated in the newspaper.
04:49:53 This is global.
04:49:54 We are having 30 to 40,000 people coming from everywhere all
04:49:59 over the world, and that global forums will be held.
04:50:04 And that's one of the things that just coincided this
04:50:08 morning, that gentleman brought up.
04:50:11 The Dollar General Store.
04:50:14 That's one of maybe three conglomerates.
04:50:18 So -- and you brought up the budget.
04:50:20 So when we are looking at the DNA changing in our city, the
04:50:28 scientific term is mutation.
04:50:31 And not all of it is necessarily good.
04:50:35 Some of it can be fatal.
04:50:37 So we need to ask ourselves, to use foreign investment money
04:50:44 to build dollar stores rather than what the other areas are
04:50:47 doing such as resorts and arenas, medical centers, then we
04:50:51 need to question ourselves.
04:50:53 We may be mutating into a five and dime economy.
04:50:58 Instead of a high-tech tourist economy.
04:51:03 In the five and dime is easy.
04:51:10 We have a choice.
04:51:10 So far, we have chosen the eggs I path with little or no
04:51:15 positive long-term growth.
04:51:16 With a little forethought, we can choose a better and more
04:51:21 positive alternative.
04:51:23 And I would like to hear from the mayor who is contemplating
04:51:32 the EB-5 on one side or the other on this issue.
04:51:37 And wouldn't it be nice when Bollywood comes and there's 30
04:51:43 or 40,000 people and they have the business -- global
04:51:48 business forums, and we have a pipeline of cities that is so
04:52:03 I'm bringing up that.
04:52:04 Thank you.
04:52:05 >>FRANK REDDICK: Thank you, Mr. Chair.
04:52:08 Chair, let me may I go back?
04:52:22 We had an issue last week where we had a slumlord,
04:52:40 commercial trailer, and they were quoted as mobile homes.
04:52:43 They aren't mobile homes, they are commercial trailers would
04:52:45 be divided into 200 square foot.
04:52:48 One of the things that people don't realize, our code
04:52:51 enforcement people, there are 6,000 foreclosures in the city
04:52:56 as we speak.
04:52:58 Those all have to be inspected.
04:53:00 There's over 1,000 rental certificates, compliance due,
04:53:08 coming due.
04:53:09 And those have to be reviewed.
04:53:11 And there's three on staff for that.
04:53:13 The other thing I want to bring up.
04:53:15 There was 79 calls to this particular property for law
04:53:20 enforcement.
04:53:21 And, you know, when we talk about our budget, and we talk
04:53:24 about community law enforcement, as we did today, with
04:53:29 homeless, I cannot understand and believe that these law
04:53:38 enforcement police officers that called 79 times in one year
04:53:44 to this property did not see the condition.
04:53:49 You don't have to be certified to smell it, see rodents.
04:53:54 And all that needed to be done was to let code enforcement
04:53:57 know that this was an issue.
04:53:59 Such an issue that our police could make a note of it.
04:54:03 It's a matter of communication.
04:54:04 So while the mayor is doing a sweeping -- what is it called?
04:54:11 Code enforcement sweep, this is, you know, a crisis, and
04:54:16 government by crisis is not exactly -- we have to be
04:54:19 proactive.
04:54:20 You know, we have been looking at code enforcement.
04:54:23 We just passed one number 61, I believe it was, today.
04:54:31 Then the City Council is very aware that code enforcement,
04:54:35 there's a lot of issues here.
04:54:36 And now the mayor announced that there will be more money.
04:54:41 But I think we have to be smarter than that, because we are
04:54:44 saying we have 11 to $12 million deficit.
04:54:48 And we noticed to -- they are training 130 police officers
04:54:56 to be community oriented police officers.
04:55:00 They can train them or they can put a check mark on a report
04:55:05 when they are called out, that there is an issue.
04:55:10 Because code enforcement inspects to minimum standards.
04:55:16 So that was my -- my question.
04:55:18 When I saw that, there was 79 calls to that property.
04:55:22 And next door there were 40-something calls.
04:55:24 So between the two of them, there were 120 calls to the two
04:55:30 properties next to each other.
04:55:31 And no one says a word.
04:55:34 And that to me is letting these poem down.
04:55:42 And it was insinuated in a quote by the owner of this
04:55:47 property, or his spokesperson, that these people are the --
04:55:52 and I don't have the article here, I'm sorry -- so I am
04:55:55 going to paraphrase, would otherwise be on the street.
04:55:58 I did the math.
04:55:59 And you do the math.
04:56:00 It's 200 square feet of $550 a month.
04:56:03 That's $30 a square foot.
04:56:07 No one was trying to help.
04:56:09 That $30 a square foot, you could probably rent downtown
04:56:12 office space for less.
04:56:14 So that's my -- and so I think that the issue is to have an
04:56:20 extra set of eyes out there when police are called to please
04:56:25 communicate that.
04:56:26 And of course code enforcement needs a lot of, like I said,
04:56:32 there's 6,000 foreclosures in the City of Tampa that have to
04:56:35 be inspected, and a thousand certificates.
04:56:39 And we got three on staff for that.
04:56:41 >>FRANK REDDICK: Mr. Reddick?
04:56:44 >>FRANK REDDICK: Thank you.
04:56:47 Chair, I have three items and would like to make a
04:56:49 statement, and that is, I want to follow up from this
04:56:55 morning and request that council send a letter to the state
04:57:02 historic group requesting support the Perry Harvey Sr. park.
04:57:08 I have a draft letter that can go to our attorney.
04:57:13 The deadline is tomorrow.
04:57:14 It will need to be mailed by tomorrow.
04:57:16 And I do have a draft letter that we just need to get a
04:57:20 draft signed and get it in an e-mail to the person by
04:57:25 tomorrow.
04:57:26 >>HARRY COHEN: Second.
04:57:27 >>CHARLIE MIRANDA: Motion by Mr. Reddick.
04:57:28 Second by Mr. Cohen. All in favor of the motion? Opposed?
04:57:32 Motion passes he unanimously.
04:57:34 >>FRANK REDDICK: The next item is a follow-up to
04:57:37 Councilwoman Capin.
04:57:40 I want to request code enforcement, the police department,
04:57:43 and the legal department to prepare before council,
04:57:49 10:00 a.m., and a staff report to discuss the trailer park
04:57:52 demolition, and to provide an update to the trailer and
04:57:58 apartment unit and any new procedures for the condition will
04:58:06 occur in the future.
04:58:12 >>YVONNE CAPIN: Second. I made it.
04:58:14 >>CHARLIE MIRANDA: Oh, I love that word "I."
04:58:17 It's "we."
04:58:18 But anyway, I'll give it to the "I."
04:58:23 Motion by Mr. Reddick, seconded by "I," Ms. Capin.
04:58:27 All in favor say I, or we.
04:58:31 Motion passes unanimously.
04:58:33 Thank you.
04:58:33 >>FRANK REDDICK: And request a commendation for the Florida
04:58:37 school of Addiction studies school, returning to Tampa after
04:58:43 17 years, and they will be here July 20-25, 2013.
04:58:49 >>CHARLIE MIRANDA: Thank you very much.
04:58:49 >>FRANK REDDICK: And request a commendation.
04:58:57 >>CHARLIE MIRANDA: Motion by Mr. Reddick.
04:58:59 Second by Mrs. Montelione.
04:59:00 Please respond by saying aye.
04:59:02 Unanimous.
04:59:03 >>FRANK REDDICK: And the last item.
04:59:05 If I could just have two minutes to say this, I would
04:59:08 appreciate it, because I think as the African-American
04:59:13 elected official on this council, in this community, this
04:59:18 needs to be said.
04:59:20 And this is last Saturday evening we all had a chance to
04:59:22 hear the verdict of the Trayvon Martin case.
04:59:24 And even though many of us were outraged and disappointed
04:59:31 about the verdict, that case is now over.
04:59:38 The protests and marches going on throughout this whole city
04:59:43 and this country, there's nothing I can do or anyone else
04:59:51 can do, but there are those who are putting pressure on the
04:59:58 Justice Department to bring civil rights charges to see if
05:00:03 there's a civil rights violation of Mr. Martin or the family
05:00:10 can pursue this as a civil case and in court.
05:00:14 But that is an issue that's been resolved, and the court
05:00:21 rendered a decision, jury rendered a decision, and move on.
05:00:26 And also, I have shared it in Orlando, I shared it
05:00:35 throughout this country.
05:00:36 But I want to say, this day, I'm equally outraged that a
05:00:44 20-year veteran who has served in the military representing
05:00:48 this country, on last Sunday morning, approximately
05:00:54 9:00 a.m., was shot and killed while trying to earn a living
05:01:02 for his family.
05:01:05 He returned back to this community because his mother was
05:01:08 sick.
05:01:10 And he's got a job at a Family Dollar Store and became the
05:01:14 manager.
05:01:15 And this is -- this young man was shot and killed by a
05:01:28 23-year-old African-American.
05:01:29 Where is the outrage in this community about this
05:01:31 black-on-black crime?
05:01:35 This family deserves justice, just as the Trayvon Martin
05:01:41 family deserves justice.
05:01:47 It's time in this community now that African men in this
05:01:50 community and this country, it's time that as
05:01:54 African-Americans, we must be prepared to explore this
05:02:00 issue.
05:02:00 Military veteran, 20 years serving this country, and he's
05:02:08 dead, by someone who looked just like him.
05:02:12 And there's not no outrage, no one is protesting, no one is
05:02:18 walking this neighborhood asking for justice to be served.
05:02:24 The killer of this person is still loose.
05:02:27 This person is hiding in someone's home. This person is
05:02:34 being protected by someone in this community.
05:02:36 And I think if we are going to be outraged by
05:02:45 African-American, 17-year-old African-American being shot by
05:02:48 a Hispanic, we should be equally outraged that we are being
05:02:54 shot by our own brothers in this country.
05:02:59 Where is the outrage?
05:03:02 And this bothered me.
05:03:06 This family deserves justice.
05:03:08 And finally, Mr. Chairman, let me say this.
05:03:13 While the family is preparing to bury this Army veteran,
05:03:17 civil rights leaders throughout this country and clergy are
05:03:21 talking about having marches in 100 cities this weekend.
05:03:28 No one is marching for black-on-black crime.
05:03:33 That is the problem in our community.
05:03:36 No one is speaking about black-on-black crime.
05:03:40 And that is the problem in our community.
05:03:45 Since the verdict last Saturday night, seven people got
05:03:49 killed in Chicago. Black folks killing each other in
05:03:57 Chicago since this happened.
05:03:58 And no one is marching in Chicago.
05:04:00 So I want to say to all of those who plan to march this
05:04:03 weekend, if you march in the city of Tampa, or you march in
05:04:11 Hillsborough County, I just want to leave these words.
05:04:15 When are you going to march to resolve the crimes that are
05:04:21 affecting African-Americans against each other?
05:04:24 That's what we need to be doing.
05:04:25 And once we start doing that, we can solve this problem.
05:04:29 Because now we need to have dialogue.
05:04:31 We need to have communication.
05:04:32 We need to have more discussion.
05:04:34 And I'm ready for those dialogues.
05:04:36 And I'm ready for those discussions.
05:04:38 So when are you going to march before the shoot another
05:04:47 African-American and not march with black on white and black
05:04:51 on Hispanic?
05:04:52 We need to make changes and I hope we start soon.
05:04:55 Thank you.
05:04:55 >> Thank you, Mr. Reddick.
05:04:56 I don't think anyone could have put those words any better
05:04:59 than you just said, and really appreciate it.
05:05:02 And like I said at this point, we can't stop everything.
05:05:04 But it's got to come to an end somewhere along the line,
05:05:07 because it's impossible the way it is now.
05:05:09 And I appreciate it very much.
05:05:10 And when you march, we'll march with you.
05:05:15 Ms. Mulhern.
05:05:15 >>MARY MULHERN: Well, now that my colleagues have
05:05:20 thoroughly depressed me about my former city, but Murder
05:05:27 City is now Bankrupt City, and Chicago is now Murder City.
05:05:30 I don't have anything to say.
05:05:32 But it's a pretty sad day for Detroit.
05:05:38 But actually thought they already were in bankruptcy.
05:05:41 It's been bad since the day I was born.
05:05:44 And it's been bad because all the white people moved out
05:05:50 back starting before I was born. So, anyway, thanks.
05:05:57 >>CHARLIE MIRANDA: Thank you.
05:05:57 Mr. Cohen?
05:06:02 >>MIKE COHEN: Sobering times.
05:06:05 Somewhat related to the Detroit bankruptcy, or at least I
05:06:08 would hope to say in contrast to the Detroit bankruptcy, we
05:06:12 do have to schedule our public hearings for the fiscal year
05:06:17 2014 budget.
05:06:19 And tonight I would just like to make a motion to schedule
05:06:22 the first of those public hearings, a little bit off
05:06:30 schedule from when we normally meet but I would like to ask
05:06:33 council to schedule the first public hearing on the budget
05:06:35 and of course receive it from Mayor Buckhorn next week, on
05:06:39 Monday night, September 9th, at 5:01 p.m.
05:06:44 We will be not in session the entire week prior to that.
05:06:48 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.
05:06:49 I have a second by Mr. Suarez.
05:06:51 All in favor of the motion please indicate by saying aye.
05:06:53 Opposed nay. Motion passes unanimously.
05:06:55 >>LISA MONTELIONE: I have no new business, but I have to
05:07:03 tell you, Mr. Reddick, that was one of the most powerful
05:07:05 things I think I have heard in the two years I have been
05:07:07 sitting here on council.
05:07:08 So I really do appreciate your statement on that.
05:07:11 And as chair Miranda said, when you are ready to March, we
05:07:14 will be there with you.
05:07:18 I wanted to wish the City of Tampa a happy 126th
05:07:22 birthday.
05:07:22 We talk about history a lot here.
05:07:25 In these chambers.
05:07:26 And we have not recognized that Monday was our own 126th
05:07:33 birthday.
05:07:34 And I was on the city's Facebook page.
05:07:37 And I have to commend Urselos Ramos for this statement
05:07:45 because she touched my heart, and I think yours, when she
05:07:49 said, I have got a gazillion reasons why I love Tampa but
05:07:52 I'll just start and end with the vast diversity of people,
05:07:56 and the continued attempt to better itself.
05:08:00 And I think that's an appropriate way to end today's
05:08:02 session.
05:08:03 >>CHARLIE MIRANDA: Thank you.
05:08:04 I need a motion to receive and file all the documents.
05:08:07 Motion by Mr. Cohen. Second by Mr. Suarez.
05:08:09 All in favor of the motion please indicate by saying aye.
05:08:12 Opposed nay. The ayes have it unanimously.
05:08:13 Anyone in the public care to speak at this time?
05:08:16 All 500 of you. All right. 498. I see no one.
05:08:23 Anything else to come before this council today?
05:08:26 We stand adjourned.
05:08:27
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