TAMPA CITY COUNCIL
THURSDAY, JANUARY 10, 2019
9:00 A.M.
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9:13:06AM >>MIKE SUAREZ: -- [ NO AUDIO ] -- WHO HAS BECOME A PART OF
9:13:07AM THE SACRED HEART CATHOLIC CHURCH COMMUNITY LAST YEAR.
9:13:10AM HE'S BEEN IN SERVICE FOR 25 YEARS AND JOINED OUR TAMPA
9:13:14AM COMMUNITY FROM INDIA.
9:13:15AM HE HAS LIVED ALL OVER THE WORLD AND HAS PROVIDED HIS
9:13:18AM GUIDANCE TO REGIONS IN AFRICA AND SINGAPORE.
9:13:20AM IF EVERYONE COULD PLEASE RISE FOR THE INVOCATION AND REMAIN
9:13:25AM STANDING FOR THE PLEDGE OF ALLEGIANCE.
9:13:33AM >> MOST HIGH GLORIOUS GOD, YOUR LOVE, YOUR WISDOM, YOUR
9:13:44AM HUMILITY, YOUR ENDURANCE, YOUR JUSTICE AND MODERATION ON
9:13:52AM BEHALF OF ALL WHO ARE GATHERED HERE TODAY, I THANK YOU FOR
9:13:58AM YOUR VERY PRESENCE IN OUR MIDST.
9:14:00AM GOD OF JUSTICE AND MERCY, THANK YOU FOR YOUR MANY
9:14:07AM UNABANDONED BLESSINGS, THANK YOU FOR THE GIFT OF LIFE AND
9:14:11AM THE OPPORTUNITY TO SERVE THE PEOPLE OF OUR CITY AND TO BE
9:14:18AM SO.
9:14:21AM HELP US TO ACT WITH THE CHARACTER AND THE CONVICTION.
9:14:24AM HELP US TO LISTEN WITH UNDERSTANDING AND GOODWILL TO HELP TO
9:14:34AM SPEAK WITH RESTRAINT.
9:14:35AM REMIND EACH ONE OF US THAT WE ARE STEWARDS OF YOUR CREATION
9:14:42AM AND AUTHORITY.
9:14:45AM IN THE SCRIPTURES, YOU SAID CITIZENS ARE TO OBEY THE
9:14:52AM GOVERNING AUTHORITIES SINCE ESTABLISHED THOSE VERY
9:14:58AM AUTHORITIES TO PROMOTE PEACE AND ORDER AND JUSTICE,
9:15:03AM THEREFORE, I PRAY FOR THIS ASSEMBLED COUNCIL ENLIGHTEN THE
9:15:11AM DARKNESS OF THEIR HEARTS AND GIVE THEM TRUE FAITH, CERTAIN
9:15:17AM HOPE AND PERFECT CHARITY, SEND SOME KNOWLEDGE, LORD, THAT
9:15:23AM THEY MAY CARRY OUT YOUR HOLY AND TRUE COMMAND IN DISCUSSING
9:15:29AM AND IMPLEMENTING AGENDAS SET BEFORE THEM TODAY FOR THE GOOD
9:15:35AM AND FOR THE WELL-BEING OF THE PEOPLE.
9:15:38AM WE ASK THIS ALMIGHTY GOD'S NAME AMEN.
9:15:44AM [PLEDGE OF ALLEGIANCE]
9:15:58AM >>FRANK REDDICK: ROLL CALL.
9:16:06AM >>MIKE SUAREZ: HERE.
9:16:09AM >> COHEN?
9:16:09AM [ INAUDIBLE ]
9:16:10AM >>GUIDO MANISCALCO: HERE.
9:16:12AM >>YVONNE CAPIN: PRESENT.
9:16:13AM >>CHARLIE MIRANDA: HERE.
9:16:14AM >>LUIS VIERA: HERE.
9:16:16AM >>FRANK REDDICK: HERE.
9:16:16AM MOTION FOR APPROVAL OF THE AGENDA.
9:16:19AM MOTION BY MR. MIRANDA.
9:16:21AM SECONDED BY MR. MANISCALCO.
9:16:22AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:16:24AM OPPOSED?
9:16:24AM ALL RIGHT.
9:16:25AM CEREMONIAL ACTIVITIES, DO YOU WANT RESPOND?
9:16:35AM IT'S BEING RESCHEDULED.
9:16:38AM >>CHARLIE MIRANDA: BE CONTINUED, MR. CHAIRMAN, TO
9:16:41AM JANUARY 24.
9:16:45AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MIRANDA TO
9:16:49AM CONTINUE AND A SECOND BY MR. MANISCALCO.
9:16:52AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:16:54AM OPPOSED?
9:16:54AM ALL RIGHT.
9:16:55AM WE'LL GO TO PUBLIC COMMENT.
9:16:56AM MR. SHELBY.
9:17:01AM >>MARTIN SHELBY: GOOD MORNING.
9:17:03AM THE TAMPA CITY COUNCIL WELCOMES PUBLIC COMMENT AT THIS TIME.
9:17:05AM 30 MINUTES HAVE BEEN SET ASIDE THIS MORNING FOR CITIZENS
9:17:08AM SPEAKING ABOUT MATTERS THAT ARE NOT SET FOR A PUBLIC
9:17:10AM HEARING.
9:17:10AM IF YOU'RE HERE TO SPEAK ON A MATTER THAT IS SET FOR A PUBLIC
9:17:14AM HEARING, YOU WILL HAVE THAT OPPORTUNITY LATER DURING TODAY'S
9:17:17AM MEETING.
9:17:17AM SPEAKERS ADDRESSING ITEMS ON THE AGENDA WILL BE GIVEN
9:17:21AM PREFERENCE BEFORE CITIZENS SPEAKING ON NON-AGENDA MATTERS.
9:17:23AM EACH SPEAKER IS GIVEN THREE MINUTES.
9:17:26AM PLEASE BEGIN BY STATING YOUR NAME FOR THE RECORD AND IT IS
9:17:29AM REQUESTED THAT YOUR COMMENTS ARE NOT DIRECTED PERSONALLY TO
9:17:33AM A COUNCIL MEMBER OR A STAFF MEMBER BUT RATHER ISSUES
9:17:36AM DIRECTED TO THE COUNCIL AS A BODY.
9:17:38AM CITY COUNCIL APPRECIATES YOUR COOPERATION IN MAINTAINING
9:17:42AM ORDERLY CONDUCT AND PROPER DECORUM.
9:17:46AM THANK YOU.
9:17:49AM >> HEY, GOOD MORNING.
9:17:51AM METESMOT.
9:17:53AM I WANT TO BRING SOMETHING TO YOUR ATTENTION.
9:17:55AM IT'S INTERESTING THAT WE HAVE A BUDGET HERE THAT DEALS WITH
9:17:59AM MILLIONS AND MILLIONS AND HUNDREDS OF MILLIONS OF DOLLARS
9:18:02AM AND NOBODY SPEAKS OF THE BUDGET IN TERMS OF THE BLACK PEOPLE
9:18:05AM OF THE COMMUNITY, WE'RE 26% OF THE COMMUNITY AND WE DON'T
9:18:08AM RECEIVE PROBABLY NOT EVEN ONE-TENTH OF 1% OF THIS BUDGET.
9:18:12AM IT'S A SHAME IN THAT.
9:18:14AM WHEN SOMEBODY BRING IT TO THEIR ATTENTION, THEY FIND IT
9:18:16AM OFFENSIVE BECAUSE THEY HATE BLACK PEOPLE TO SPEAK OUT.
9:18:20AM THEY HATE ANYBODY TO SPEAK OUT.
9:18:22AM THEY HATE GAYS TO SPEAK OUT.
9:18:24AM THEY HATE LIAISONS TO SPEAK OUT.
9:18:27AM THEY HATE JEWS TO SPEAK OUT.
9:18:29AM THEY WANT TO BE WHITE IS RIGHT, AND THAT'S THE ONLY THING
9:18:32AM GOING ON.
9:18:32AM THAT IS THE ONLY GAME IN TOWN.
9:18:33AM IT IS THE ONLY GAME IN TOWN.
9:18:37AM THERE'S NO OTHER GAME.
9:18:38AM NO SERVICES IN OUR COMMUNITY.
9:18:40AM IT'S THE ONLY GAME IN TOWN.
9:18:42AM IT IS A TRAGEDY WHEN BLACK PEOPLE COME DOWN HERE TO SPEAK ON
9:18:47AM THE ISSUES, THEY ARE INTIMIDATED AND BULLIED BY A BUNCH OF
9:18:52AM BAD GUYS.
9:18:53AM THEY ARE INTIMIDATED AND BULLIED.
9:18:55AM AND WE'RE TREATED LIKE DIRT.
9:18:56AM AND NO MATTER WHAT WE COME HERE TO SPEAK ABOUT, POLICE
9:19:00AM VIOLENCE, BICYCLE STOPS, NO HOUSING, IMPROPER HOUSING, NO
9:19:05AM MATTER WHAT WE COME TO SPEAK ABOUT, THE BLACK SKIN MAKES YOU
9:19:09AM OFFENSIVE.
9:19:10AM THE BLACK SKIN AND THE LOUD VOICE.
9:19:13AM WE GOT TO SCREAM OUT LOUD TO GET ANY KIND OF ATTENTION
9:19:16AM BECAUSE WE'RE SUPPOSED TO TAKE IT SILENTLY.
9:19:21AM WE'RE SUPPOSED TO TAKE THE NONSENSE SILENTLY WHEN WE SEE THE
9:19:24AM POLICE HARASSING US ALL DAY LONG, WE'RE SUPPOSED TO TAKE IT
9:19:27AM SILENTLY.
9:19:28AM WE'RE NOT SUPPOSED TO ENJOY THE CONSTITUTION.
9:19:30AM WE'RE SUPPOSED TO ACCEPT THE 400 YEARS OF SLAVERY, AND WE'RE
9:19:33AM SUPPOSED TO TAKE IT IN 2018, 2019.
9:19:36AM WE SUPPOSED TO TAKE IT SILENTLY.
9:19:39AM AND IT DOESN'T WORK THAT WAY.
9:19:40AM YOU GOT A MAYOR RIGHT DOWN THERE, RIGHT DOWN THERE CALLING
9:19:45AM BLACK WOMEN BITCHES, CALLING FOR THE LYNCHING OF AN AFRICAN
9:19:51AM MAN AND NOBODY HAS THE COURAGE TO SAY, COME HERE AND
9:19:54AM APOLOGIZE TO THOSE PEOPLE.
9:19:55AM APOLOGIZE TO THAT YOUNG MAN THAT DIDN'T EVEN GET A TRIAL.
9:19:59AM HASN'T EVEN BEEN ARRESTED AND THEY ARE CALLING FOR THE
9:20:01AM LYNCHING.
9:20:02AM BRING HIS HEAD TO ME ON A PLATTER.
9:20:07AM >>MARTIN SHELBY: MR. DANIEL, I WOULD APPRECIATE IT IF YOU
9:20:10AM COULD TALK SPECIFICALLY WITHOUT TALKING ABOUT INDIVIDUAL
9:20:15AM MEMBERS OF STAFF OR THE COUNCIL, I UNDERSTAND YOU'VE SAID
9:20:22AM THAT BEFORE.
9:20:23AM I DON'T WANT TO NECESSARILY ENGAGE YOU.
9:20:24AM I'M ASKING YOU --
9:20:30AM >> WHO WAS I TALKING ABOUT AS AN INDIVIDUAL?
9:20:34AM >>MARTIN SHELBY: WELL, YOU'VE MADE COMMENTS ABOUT THE MAYOR
9:20:37AM REPEATEDLY.
9:20:38AM >> I'M NOT ALLOWED TO TALK ABOUT THE MAYOR?
9:20:41AM >>MARTIN SHELBY: YOU CAN TALK ABOUT THE MAYOR.
9:20:42AM >> TELL ME WHAT I CAN AND CANNOT SAY ABOUT THE MAYOR.
9:20:46AM >>MARTIN SHELBY: LET ME SAY THIS.
9:20:48AM I GUESS IT IS THE RESPONSIBILITY IF SOMEBODY WANTS TO --
9:20:50AM YOU'VE MADE CERTAIN ASSERTION THAT IF SOMEBODY WANTS TO
9:20:55AM RESPOND TO THE ASSERTIONS IT IS THEIR ABILITY TO DO SO.
9:20:57AM IT'S NOT MY PLACE TO DO SO.
9:20:58AM I HAVEN'T STOPPED YOUR TIME.
9:21:00AM FORGIVE ME FOR INTERRUPTING.
9:21:02AM I'M JUST ASKING FOR YOU TO BE MINDFUL, IF YOU CAN.
9:21:05AM AND I APOLOGIZE.
9:21:06AM >> WELL, YOU KNOW --
9:21:07AM >>CHARLIE MIRANDA: MR. CHAIRMAN, MAY I SAY SOMETHING?
9:21:09AM DANIEL, I'M NOT GETTING INVOLVED BETWEEN YOU TWO.
9:21:13AM BUT AS FAR AS WHAT YOU SAID SO FAR, IF YOU WANT TO TALK
9:21:16AM ABOUT DISTRICT TWO, DISTRICT FOUR, WITHOUT MENTIONING NAME,
9:21:18AM I'M FINE WITH IT.
9:21:20AM I DON'T CARE WHO THE MAYOR IS, WHO THE COUNCIL MEMBER IS,
9:21:22AM INCLUDING MYSELF.
9:21:23AM YOU HAVE THREE MINUTES.
9:21:24AM AS LONG AS YOU DON'T SAY THE NAMES.
9:21:26AM I REMEMBER WHAT WAS SAID EARLIER.
9:21:28AM IN MY OPINION, YOU'RE ENTITLED TO SAY EVERY WORD.
9:21:30AM YOU HAVEN'T OFFENDED ME.
9:21:32AM HAVEN'T OFFENDED ANYONE.
9:21:33AM YOU HAVE THE RIGHT TO SPEAK THE WAY YOU'RE SPEAKING.
9:21:35AM I MAY NOT LIKE IT, BUT YOU HAVE THAT RIGHT.
9:21:42AM >>FRANK REDDICK: RESUME THE TIME AND YOU MAY CONTINUE.
9:21:45AM >> BULLYING!
9:21:46AM BULLYING!
9:21:47AM THAT'S WHAT IT IS.
9:21:48AM YOU ALL LIKE TO MAKE BLACK PEOPLE FEEL LIKE DIRT.
9:21:52AM YOU-ALL LIKE TO MAKE US FEEL LIKE WE'RE SUPPOSED TO BE
9:21:55AM SCARED OF YOU ALL.
9:21:56AM NOBODY IS SCARED OF YOU.
9:21:58AM NO PERSON SCARED OF YOU ALL.
9:22:00AM THE VIOLENCE YOU ALL USE AGAINST US, IT DON'T FRIGHTEN US.
9:22:04AM YOU'RE TRYING TO BULLY ME SAYING WHAT I CAN SAY AND NOT SAY.
9:22:09AM THEY BULLY US EVEN MORE BY LOCKING OUR CARS UP, GIVING US
9:22:15AM TICKETS, DOING ALL THAT.
9:22:16AM YOU ALL LIKE TO BULLY AFRICAN PEOPLE.
9:22:19AM YOU WANT TO MAKE US SCARED.
9:22:21AM ONE NEGRO HERE AIN'T SCARED.
9:22:23AM AND MANY OTHER NEGROES AIN'T SCARED.
9:22:27AM AND STOP THE BULLYING.
9:22:29AM >>FRANK REDDICK: ALL RIGHT.
9:22:30AM ANYONE ELSE WHO WANTS TO SPEAK DURING PUBLIC COMMENTS?
9:22:34AM SEEING NONE, WE'LL MOVE ON.
9:22:38AM DO WE HAVE ANY REQUESTS FOR RECONSIDERATION OF LEGISLATIVE
9:22:42AM MATTERS?
9:22:42AM SEEING NONE, WE GO TO COMMITTEE REPORTS.
9:22:48AM ITEM NUMBER 2, MR. SUAREZ.
9:22:54AM >>MIKE SUAREZ: THANK YOU, CHAIR.
9:22:55AM I PRESENT AN ORDINANCE FOR FIRST READING AND CONSIDERATION.
9:22:58AM AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, ESTABLISHING THE
9:23:01AM MTERC COMMUNITY DEVELOPMENT DISTRICT, GENERALLY LOCATED
9:23:05AM SOUTH OF I-275, EAST OF NORTH DALE MABRY HIGHWAY, NORTH OF
9:23:09AM WEST CYPRESS STREET, AND WEST OF NORTH HIMES AVENUE,
9:23:12AM COMPRISING 19.136 ACRES OF LAND, MORE OR LESS; FOR THE
9:23:17AM PURPOSE OF MANAGING AND DELIVERING BASIC COMMUNITY
9:23:19AM INFRASTRUCTURE IMPROVEMENTS; SAID DISTRICT TO BE LOCATED
9:23:22AM ENTIRELY WITHIN THE BOUNDARIES OF THE CITY OF TAMPA; THE
9:23:26AM SAME BEING MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF;
9:23:31AM PURSUANT TO CHAPTER 190, FLORIDA STATUTES, NAMING THE
9:23:34AM DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
9:23:37AM DATE.
9:23:38AM >>FRANK REDDICK: MOTION FROM MR. SUAREZ.
9:23:40AM SECONDED BY MR. COHEN.
9:23:41AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:23:43AM OPPOSED?
9:23:43AM OKAY.
9:23:45AM >>THE CLERK: MR. CHAIR, SECOND READING AND ADOPTION WILL BE
9:23:47AM ON JANUARY 24th AT 10 A.M. WHICH WILL RUN IN CONJUNCTION
9:23:52AM WITH THE PUBLIC HEARING.
9:23:56AM >>FRANK REDDICK: ALL RIGHT.
9:23:57AM WE GO TO COMMITTEE REPORTS.
9:23:58AM THE FIRST ONE WILL BE PUBLIC SAFETY.
9:23:59AM MR. MIRANDA.
9:24:00AM >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
9:24:01AM I MOVE ITEMS 3 THROUGH 8.
9:24:03AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
9:24:05AM SECONDED BY MR. COHEN.
9:24:07AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:24:08AM OPPOSED?
9:24:09AM ALL RIGHT.
9:24:09AM PARKS AND RECREATION, MR. MANISCALCO.
9:24:13AM >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. CHAIRMAN.
9:24:14AM I MOVE ITEMS 9 THROUGH 13.
9:24:17AM >>FRANK REDDICK: ALL RIGHT.
9:24:18AM GOT A MOTION FROM MR. MANISCALCO.
9:24:20AM SECONDED BY MR. COHEN.
9:24:21AM ALL IN FAVOR OF THAT MOTION AYE.
9:24:23AM OPPOSED?
9:24:24AM PUBLIC WORKS.
9:24:24AM YOLIE CAPIN.
9:24:27AM >>YVONNE CAPIN: YES, THANK YOU, MR. CHAIR.
9:24:29AM I MOVE ITEMS 14 THROUGH 26.
9:24:31AM >>FRANK REDDICK: GOT A MOTION FROM MS. CAPIN.
9:24:34AM SECONDED BY MR. MIRANDA.
9:24:35AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:24:37AM THOSE OPPOSED?
9:24:37AM HARRY GOT THE MOST FAVORABLE ONE TODAY.
9:24:46AM >>HARRY COHEN: SIR, I MOVE ITEM NUMBER 27.
9:24:53AM >>FRANK REDDICK: MOTION BY MR. COHEN.
9:24:54AM SECONDED BY MR. SUAREZ.
9:24:55AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:24:58AM OPPOSED?
9:24:58AM ALL RIGHT.
9:24:59AM WE GOT BUILDING, ZONING.
9:25:06AM >>LUIS VIERA: I HEREBY MOVE ITEMS 28 THROUGH 47.
9:25:09AM >> SECOND.
9:25:11AM >>FRANK REDDICK: GOT A MOTION FROM MR. VIERA.
9:25:14AM SECONDED BY MR. COHEN.
9:25:15AM ALL IN FAVOR OF THAT MOTION SAY AYE.
9:25:16AM OPPOSED?
9:25:17AM TRANSPORTATION, MR. SUAREZ.
9:25:22AM >>MIKE SUAREZ: THANK YOU, CHAIR.
9:25:23AM BEFORE I GO THROUGH AND ASK FOR THE MOTION TO APPROVE THE
9:25:27AM ITEMS, ITEM 51, WHICH DEALS WITH THE CITY'S COMMUNITY RATING
9:25:30AM SYSTEM, IT'S WHAT THEY CALL THE REPETITIVE LOSS AREA
9:25:34AM ANALYSIS, IT IS FOR OUR FLOOD INSURANCE RATING.
9:25:37AM THIS IS ONE OF THE MOST IMPORTANT DOCUMENTS THAT WE APPROVE
9:25:40AM EVERY YEAR BECAUSE IT DETERMINES THE FLOOD INSURANCE RATES
9:25:43AM LATER ON FOR ALL THE PEOPLE IN THE CITY OF TAMPA.
9:25:46AM ONE OF THE GREAT THINGS IS THAT THEY DO THESE ANALYSES EVERY
9:25:50AM SO OFTEN.
9:25:51AM AND HAVING THAT COMMUNITY RATING HELPS TO DETERMINE WHERE
9:25:56AM THOSE FLOODING AREAS ARE THE WORST AND WHAT THOSE RATES ARE
9:26:00AM GOING TO BE.
9:26:00AM IT IS AN EXTREMELY IMPORTANT DOCUMENT.
9:26:02AM I KNOW WE APPROVE A LOT OF THINGS, AND SOMETIMES IT IS PART
9:26:04AM OF OUR NATURE THAT WE KNOW THAT IT'S GOING ON.
9:26:07AM BUT I WANTED TO POINT THAT OUT BECAUSE WITH STORM SEASON
9:26:11AM COMING UP AGAIN LATER THIS YEAR, IT'S ALWAYS IMPORTANT TO
9:26:14AM MAKE SURE PEOPLE HAVE FLOOD INSURANCE, GO OUT THERE AND GET
9:26:16AM IT.
9:26:17AM SAYING THAT, I MAKE A MOTION TO APPROVE ITEMS 48 THROUGH 53.
9:26:21AM >>FRANK REDDICK: GOT A MOTION BY MR. SUAREZ.
9:26:24AM SECONDED BY MR. COHEN.
9:26:25AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:26:26AM OPPOSED?
9:26:27AM OKAY.
9:26:31AM ITEMS BEING SET FOR PUBLIC HEARINGS.
9:26:33AM >> MOVE ITEMS 54 THROUGH 57.
9:26:35AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
9:26:36AM SECONDED BY MR. MANISCALCO.
9:26:39AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:26:41AM THOSE OPPOSED?
9:26:41AM OKAY.
9:26:43AM WE GO TO 9:30.
9:26:46AM >>CHARLIE MIRANDA: OPEN -- [MICROPHONE NOT ON]
9:26:52AM >>FRANK REDDICK: 9:24.
9:27:03AM >>YVONNE CAPIN: I'VE GOT 9:26.
9:27:07AM >>FRANK REDDICK: I'LL TELL YOU WHAT, I SEE LAW ENFORCEMENT
9:27:11AM HERE, SO GIVE A REPORT UNDER STAFF REPORT.
9:27:15AM IS THAT CORRECT?
9:27:16AM DO YOU WANT TO COME AND DO THAT REPORT NOW SO YOU DON'T HAVE
9:27:19AM TO SIT THROUGH EVERYTHING ELSE?
9:27:32AM >> THIS IS I THINK ITEM 76, SIR.
9:27:34AM >>FRANK REDDICK: RIGHT.
9:27:37AM >> GOOD MORNING, COUNCIL.
9:27:38AM MY NAME IS CAPTAIN KEVIN SCHOOLMEESTERS.
9:27:41AM I AM THE CAPTAIN OVER OUR MAJOR CRIMES BUREAU.
9:27:44AM IT CONSISTS OF OUR HOMICIDE SQUAD, OUR SEX CRIME, FAMILY
9:27:48AM VIOLENCE SQUAD, OUR INTERNET CRIMES AGAINST CHILDREN SQUAD
9:27:52AM AND OUR FORENSIC LAB SQUAD.
9:27:56AM WE HAVE BEEN ASKED TO COME TODAY TO GIVE A REPORT ON THE
9:27:56AM INSTRUCTION OF OUR SEXUAL BATTERY KITS.
9:28:02AM THIS IS SERGEANT LISA PARASHIS, THE SERGEANT IN CHARGE OF
9:28:05AM OUR SEX CRIME FAMILY VIOLENCE SQUAD.
9:28:07AM THE FIRST THING THAT WAS ASKED, THE PROCESS OF THE STORAGE
9:28:09AM OF THE KITS.
9:28:10AM WHEN AN OFFICER IS DISPATCHED OUT TO INVESTIGATE AN ALLEGED
9:28:14AM SEXUAL BATTERY, WHAT HAPPENS IS THE OFFICER TAKES THE
9:28:18AM ALLEGED VICTIM TO OUR NURSE EXAMINER'S OFFICE.
9:28:21AM THERE IS AN EXAMINATION IS CONDUCTED.
9:28:23AM THE OFFICER AT THE END OF THE EXAMINATION THEN TAKES THAT
9:28:26AM KIT TO EVIDENCE EITHER AT OUR IMPOUND LOT OR DOWNTOWN TO THE
9:28:32AM EVIDENCE ROOM.
9:28:35AM THAT REPORT, WHEN IT GETS WRITTEN, GOES TO THEIR SERGEANT
9:28:39AM WHO REFERS IT TO SERGEANT PARASHIS.
9:28:44AM SHE ASSIGNS IT TO A DETECTIVE.
9:28:45AM THAT DETECTIVE THEN TAKES IT OVER TO FDLE.
9:28:48AM IN 2016, THE LAWS CHANGED WHERE NOW WE HAVE A 30-DAY
9:28:53AM REQUIREMENT TO HAVE THAT KIT OVER TO FDLE IF A CRIME HAS
9:28:57AM OCCURRED.
9:28:58AM WE HAVE A PROCESS IN PLACE WHERE THE KIT AT THE IMPOUND LOT,
9:29:02AM IT GETS BROUGHT OVER.
9:29:04AM THERE IS A BIN THAT THE ASSIGNED DETECTIVE IS TO PICK UP THE
9:29:08AM KIT.
9:29:09AM SHE ALSO HAS A DETECTIVE, HER ADMINISTRATION DETECTIVE CHECK
9:29:12AM THAT KIT WEEKLY TO MAKE SURE WE'RE IN WITH THOSE
9:29:16AM REQUIREMENTS.
9:29:17AM ONCE THE KIT IS OVER THERE AND GETS TESTED, A COURIER THEN
9:29:21AM BRINGS IT BACK HERE, AND WE PLACE THAT IN STORAGE.
9:29:25AM AGAIN, THE LEGAL REQUIREMENTS, THE LAW HAD CHANGED.
9:29:29AM PRIOR TO 2016, IT WAS USUALLY UP TO THE ASSIGNED DETECTIVE
9:29:35AM WHO HAD THE CASE TO AUTHORIZE THE DESTRUCTION OF A SEX BAT
9:29:41AM CASE.
9:29:41AM THAT WAS BASED ON THE PROGRESS WITH THE STATE ATTORNEY'S
9:29:45AM OFFICE WHERE THEY WERE IN THE LEGAL PROCESS AND ALSO, TOO,
9:29:48AM ON THE STATUTE OF LIMITATIONS.
9:29:50AM >>MIKE SUAREZ: WHAT IS THE STATUTE OF LIMITATIONS?
9:29:53AM >> WELL, IT VARIES.
9:29:55AM WHAT YEAR THE SEXUAL BATTERY OCCURRED, THE AGE OF THE
9:29:58AM VICTIM.
9:29:58AM IT'S QUITE COMPLEX.
9:29:59AM WE ALWAYS CONSULT WITH THE STATE ATTORNEY'S OFFICE.
9:30:02AM EVERY WEEK, WE HAVE A WEEKLY REVIEW WITH THEM THAT WE GO
9:30:07AM OVER CASES.
9:30:08AM WE USUALLY GET THEIR APPROVAL.
9:30:09AM IN 2016, WITHIN THAT LAW, THE PROSECUTING AGENCY NOW HAS THE
9:30:16AM FINAL SAY WHETHER A KIT IS DESTROYED, NOT THE POLICE
9:30:19AM DEPARTMENT.
9:30:20AM >>MIKE SUAREZ: IN THE STATUTE OF LIMITATIONS, YOU SAID IT'S
9:30:23AM VERY COMPLEX.
9:30:24AM IF WE'RE TALKING ABOUT SOMEONE THAT IS OVER THE AGE OF
9:30:26AM CONSENT AND HAS BEEN RAPED, WHAT IS THE STATUTE OF
9:30:29AM LIMITATIONS FOR THAT?
9:30:31AM >> I'LL HAVE HER GO MORE DEEPLY, BUT IN THE CAPITAL BATTERY
9:30:34AM UNDER 12, THERE IS NO STATUTE OF LIMITATIONS.
9:30:36AM BUT THE DIFFERENT AGE GROUPS.
9:30:42AM >> IT IS A MULTIPLE-PAGE DOCUMENT TO DISCUSS THE STATUTE OF
9:30:47AM LIMITATIONS BASED ON THE DEGREE OF THE FELONY.
9:30:50AM AND THEN THERE ARE OTHER CONSIDERATIONS OF LAW CHANGES THAT
9:30:52AM HAVE GONE ON.
9:30:54AM WHENEVER WE HAVE A CASE THAT WE'RE GOING OVER WITH THE STATE
9:30:57AM ATTORNEY, IT COULD BE UP TO MAYBE AN HOUR-LONG DEBATE OVER
9:31:02AM THE DISCUSSION OF EACH POINT OF THE STATUTE OF LIMITATIONS
9:31:05AM BASED ON THE YEAR, THE AMOUNT OF TIME FRAME THAT THEY'VE
9:31:10AM REPORTED.
9:31:10AM SINCE THE LAW CHANGED ON JULY 1st, 2016, I'VE BEEN IN THE
9:31:14AM UNIT NOW FOR ALMOST THREE YEARS, AS OF THAT DATE, WE'VE ONLY
9:31:19AM DESTROYED ONE KIT AND THAT WAS BY THE STATE ATTORNEY FOR AN
9:31:23AM EXPUNGEMENT CASE.
9:31:24AM BECAUSE OF DNA AND THE PROGRESSION, IT'S SAFER TO KEEP IT.
9:31:27AM WE'VE REVIEWED THIS WITH THE STATE.
9:31:30AM WE'RE TALKING ABOUT CREATING A POLICY SPECIFICALLY.
9:31:32AM BUT AT THIS POINT, WE JUST HAVE A POLICY THAT WE DON'T
9:31:36AM DESTROY.
9:31:37AM >>MIKE SUAREZ: DO YOU HAVE A RANGE OF THAT STATUTE OF
9:31:40AM LIMITATIONS?
9:31:41AM THERE MUST BE A TIME FRAME WITHIN ALL THOSE COMPLEX
9:31:47AM SITUATIONS.
9:31:48AM >> WE GO BY THE STATE STATUTE.
9:31:50AM SHE HAS A PRINTOUT OF THE STATE STATUTE.
9:31:52AM >>MIKE SUAREZ: THAT'S WHAT I'M ASKING.
9:31:55AM >> UNDER CHAPTER 775.
9:31:57AM >>MIKE SUAREZ: I GUESS YOU'RE NOT UNDERSTANDING MY QUESTION.
9:32:00AM YOU HAVE THE COMPLEX LAWS DEALING WITH ALL THE DIFFERENT
9:32:03AM TYPES OF THINGS.
9:32:03AM STATUTORY RAPE, BATTERY.
9:32:05AM ALL THE OTHER THINGS THAT GO INTO IT.
9:32:06AM THERE MUST BE A RANGE, IF THREE YEARS IS THE SHORTEST, SEVEN
9:32:11AM YEARS OR 12 YEARS IS THE LONGEST.
9:32:14AM DO YOU HAVE SOMETHING LIKE THAT?
9:32:16AM >> WELL, I MEAN, EVERY SEXUAL BATTERY IS AT LEAST GOING TO
9:32:22AM BE A FELONY.
9:32:24AM FELONY COULD BE THREE YEARS MINIMUM.
9:32:26AM AND ANYTHING BEYOND THAT COULD BE AS LONG AS THE VICTIM IS
9:32:30AM ALIVE.
9:32:30AM >>MIKE SUAREZ: AS LONG AS THE VICTIM IS ALIVE.
9:32:32AM THANK YOU FOR EXPLAINING THAT.
9:32:35AM I HAD ASKED FOR AS PART OF THE MOTION ALSO, WE NEED A LIST
9:32:40AM OF THE KITS OVER THE LAST TEN YEARS THAT MAY HAVE BEEN
9:32:45AM DESTROYED.
9:32:46AM THERE'S ONLY BEEN ONE IN THE LAST TEN YEARS?
9:32:48AM >> NO.
9:32:48AM >>MIKE SUAREZ: ONLY THE LAST THREE YEARS, CORRECT?
9:32:51AM >> CORRECT.
9:32:51AM >>MIKE SUAREZ: DO YOU HAVE A LIST OF THOSE THAT HAVE BEEN
9:32:52AM DESTROYED IN THE LAST TEN YEARS?
9:32:54AM >> IT SHOULD HAVE BEEN FORWARDED OVER.
9:32:56AM BUT WE DO HAVE A REPORT OF OUR SEXUAL BATTERY KITS WE HAVE
9:33:06AM IN STORAGE.
9:33:08AM >>MIKE SUAREZ: TERRIFIC.
9:33:08AM BRING THEM ON UP.
9:33:09AM I HAVE NOT SEEN THE E-MAIL.
9:33:13AM IF YOU DID SEND IT, I APOLOGIZE THAT I HAD NOT SEEN IT.
9:33:17AM THESE ARE ALL THE SEXUAL BATTERY CASES OVER THE LAST TEN
9:33:20AM YEARS.
9:33:20AM >> THAT ARE IN STORAGE, CORRECT.
9:33:21AM THE KITS.
9:33:22AM >>MIKE SUAREZ: THAT HAVE BEEN STORED.
9:33:24AM >> CORRECT.
9:33:24AM >>MIKE SUAREZ: THESE ARE ALL CURRENTLY NOT IN STORAGE BUT
9:33:27AM ALL THAT HAD BEEN STORED.
9:33:28AM >> THAT HAD BEEN STORED.
9:33:29AM >>MIKE SUAREZ: TERRIFIC.
9:33:31AM IS THERE A FLAG IN HERE AS TO WHETHER OR NOT THEY WERE
9:33:34AM DESTROYED?
9:33:35AM WE TALKED ABOUT THE ONE EXPUNGEMENT IN THREE YEARS.
9:33:38AM IS THERE ANYTHING ELSE TO INDICATE THAT MAYBE IT WAS
9:33:43AM DESTROYED OVER THE LAST TEN YEARS FOR A DIFFERENT REASON, A
9:33:45AM SPECIFIC REASON?
9:33:45AM >> THE WAY THE REPORTING SYSTEM IS, IT'S CODED.
9:33:49AM I WILL EXPLAIN WHAT THE SYMBOLS MEAN.
9:33:52AM >>MIKE SUAREZ: IF YOU DON'T MIND THAT WOULD BE GREAT.
9:33:54AM >> THE BOTTOM OF THE THING, THERE IS ONE, AND WE GO BY A
9:33:58AM TERM, A BROAD TERM IT'S "DISPOSE."
9:34:02AM DISPOSE COULD MEAN A NUMBER OF DIFFERENT THINGS.
9:34:05AM COULD BE AN EXPUNGEMENT LIKE SHE EXPLAINED.
9:34:08AM COULD HAVE BEEN A KIT USED IN TRIAL.
9:34:10AM IF IT IS USED IN TRIAL, THE CLERK OF THE COURT RETAINS THAT
9:34:13AM FOR APPEAL PROCESSES.
9:34:14AM IT COULD WHERE A SEXUAL BATTERY OCCURRED IN ORLANDO.
9:34:20AM THE VICTIM IS HERE.
9:34:21AM WANTS TO REPORT IT HERE.
9:34:22AM WE TAKE THE REPORT, DO A PRELIMINARY INVESTIGATION AND SEND
9:34:25AM THAT OUT TO THEM FOR THEIR TRIAL.
9:34:28AM >>MIKE SUAREZ: BASED ON EVERYTHING THAT YOU'VE TOLD US, IT
9:34:31AM SOUNDS LIKE THAT THERE IS QUITE A COMPLEX WAY IN WHICH THESE
9:34:36AM KITS ARE MAINTAINED ONE WAY OR THE OTHER.
9:34:38AM YOU MENTIONED THE CLERK OF COURTS IN ONE CASE.
9:34:40AM YOU'VE MENTIONED FDLE AND I GUESS FDLE GETS IT BACK TO YOU
9:34:45AM BECAUSE I ASSUME THEY ARE DOING THE ANALYSIS OF THE KIT
9:34:47AM ITSELF.
9:34:48AM >> CORRECT.
9:34:48AM >>MIKE SUAREZ: THEN WHEN YOU GET IT, YOU HAVE YOUR STATUTORY
9:34:51AM REQUIREMENTS AS TO WHEN YOU HOLD IT.
9:34:53AM YOU KNOW, I DON'T KNOW IF YOU KNOW THE REASON WHY I MADE THE
9:34:55AM MOTION IN THE FIRST PLACE IS BECAUSE THE CNN REPORT ABOUT
9:34:59AM OTHER POLICE DEPARTMENTS ACROSS THE COUNTRY, I WANTED TO
9:35:01AM MAKE SURE WE WERE NOT DESTROYING KITS UNTIL AFTER, YOU KNOW,
9:35:05AM IT'S LEGALLY ALLOWABLE AND WHETHER OR NOT WE'VE HAD ANY
9:35:09AM ISSUES WITH STORAGE OR THE PROCESS ITSELF.
9:35:11AM THAT'S ONE OF THE MAIN REASONS.
9:35:14AM >> I ALSO READ THAT BECAUSE THAT PIQUED MY INTEREST WHEN I
9:35:17AM READ THAT ARTICLE AS WELL.
9:35:18AM NO, THERE'S A PROCESS IN PLACE.
9:35:22AM WE DON'T DESTROY KITS TO MAKE ROOM FOR MORE EVIDENCE.
9:35:25AM >>MIKE SUAREZ: RIGHT.
9:35:26AM >> THERE'S ALWAYS A PROCESS IN PLACE AND MANY EYES LOOKING
9:35:30AM AT IT.
9:35:30AM NO, THAT STUFF IN THE REPORT DOES NOT OCCUR HERE.
9:35:33AM EVERY FEW YEARS, I THINK IT FIRST WENT IN THE NEWS BACK IN
9:35:38AM 2014, THE CITY OF DETROIT HAD THOUSANDS OF KITS STORED.
9:35:43AM WE DID A REVIEW BACK THEN TO MAKE SURE WE'RE DOING
9:35:45AM EVERYTHING WE'RE SUPPOSED TO DO.
9:35:49AM NOW THE FLORIDA LEGISLATURE IN 2016 OBVIOUSLY TOOK IT UPON
9:35:54AM THEMSELVES TO MAKE SURE THERE ARE VERY STRICT LAWS IN PLACE
9:35:57AM WHERE AGENCIES AREN'T DESTROYING THESE KITS.
9:36:00AM >>MIKE SUAREZ: THEY WERE HAVING PROBLEMS WITH FDLE AND SOME
9:36:03AM OF THE OTHER ISSUES CONCERNING RAPE KITS.
9:36:05AM THAT WAS A DIFFERENT STORY THAN WHAT YOU SAW ON CNN.
9:36:09AM I JUST WANTED TO MAKE SURE THAT WE WERE DOING THE THINGS THE
9:36:11AM RIGHT WAY SO WE'RE NOT LOSING THE KITS, SO EVIDENCE ISN'T
9:36:14AM BEING ABLE TO BE PRESENTED DURING RAPE CASES.
9:36:17AM THAT WAS REALLY THE MAIN REASON FOR THE REQUEST.
9:36:19AM AND SO I APPRECIATE YOU GOING THROUGH THIS.
9:36:23AM I MAY HAVE SOME FOLLOW-UP QUESTIONS PRIVATELY AFTER WE GO
9:36:26AM THROUGH EVERYTHING, BUT THANKS FOR YOUR TIME.
9:36:30AM I'M DONE, CHAIR, IF ANYONE ELSE HAS QUESTIONS.
9:36:32AM >>FRANK REDDICK: ANY OTHER QUESTIONS FROM COUNCIL?
9:36:34AM ALL RIGHT.
9:36:45AM WE'LL NOW GO TO ITEM 74.
9:36:47AM >>SAL TERRITO: SAL TERRITO, LEGAL DEPARTMENT.
9:36:47AM IF YOU COULD, IF YOU CAN GIVE THE REPORT BACK, I DON'T WANT
9:36:49AM TO HAVE ANYTHING OUT THERE THAT MIGHT IDENTIFY SOMEONE, EVEN
9:36:52AM THOUGH THEY ARE NUMBERS.
9:36:53AM SO IF YOU COULD GIVE THE REPORT BACK.
9:36:55AM I KNOW THERE ARE NO NAMES ON THERE, BUT I'D LIKE TO GET THAT
9:36:58AM BACK AND GIVE IT BACK TO THE POLICE DEPARTMENT BECAUSE IT
9:37:00AM REALLY ISN'T A PUBLIC RECORD.
9:37:00AM I'M SURE THERE'S NOTHING ON THERE THAT IDENTIFIES, BUT THERE
9:37:03AM ARE CASE NUMBERS, AND I DIDN'T WANT TO HAVE ANY LINKAGE.
9:37:05AM THAT'S ALL I WAS ASKING.
9:37:06AM >>MIKE SUAREZ: OKAY.
9:37:07AM THIS IS JUST A POINT OF PROCESS HERE, IF THEY ALREADY SENT
9:37:12AM IT THROUGH OUR E-MAIL BASED ON WHAT HE WAS SAYING --
9:37:16AM >>SAL TERRITO: THEY WERE IN THE E-MAILS?
9:37:18AM >>MIKE SUAREZ: I DON'T KNOW.
9:37:18AM HE SAID THAT HE SENT AN EMAIL.
9:37:18AM I DIDN'T SEE IT.
9:37:19AM >>SAL TERRITO: THEN IT SHOULD BE PULLED OFF THE E-MAIL.
9:37:22AM THEY ARE NOT PUBLIC RECORD.
9:37:22AM >>MIKE SUAREZ: I WANTED TO MAKE SURE YOU KNEW THAT.
9:37:25AM >>SAL TERRITO: I DID NOT KNOW THAT.
9:37:28AM I WAS COMING DOWN THE STAIRS, SO I DIDN'T HEAR IT.
9:37:29AM >>MIKE SUAREZ: YOU WEREN'T LISTENING TO US ON THE ELEVATOR,
9:37:31AM I ASSUME.
9:37:33AM >>SAL TERRITO: I WAS NOT.
9:37:34AM >>MIKE SUAREZ: OKAY.
9:37:34AM I HAVE NO PROBLEM WITH DOING THAT.
9:37:34AM I JUST WANTED TO MAKE SURE WE KNOW.
9:37:34AM THE REPORT ITSELF, WE WILL BE ABLE TO SEE THIS AND LOOK
9:37:38AM THROUGH IT.
9:37:38AM >>SAL TERRITO: IF YOU WANT TO LOOK THROUGH IT, THAT'S
9:37:40AM CORRECT.
9:37:41AM BUT IT'S NOT A PUBLIC RECORD.
9:37:42AM IF THESE ARE RECORDS -- THERE ARE RECORDS THAT I CAN'T EVEN
9:37:45AM LOOK AT.
9:37:46AM IF THERE'S IDENTIFYING INFORMATION ON THERE, WE HAVE TO MAKE
9:37:49AM SURE THAT NOBODY LOOKS AT IT.
9:37:51AM IF YOU WANT TO LOOK AT IT AND LET YOU COME TO THE POLICE
9:37:54AM DEPARTMENT TO LOOK AT IT, THAT IS FINE.
9:37:56AM I DON'T WANT ANYTHING GIVEN OUT THAT HAS ANY IDENTIFICATION
9:38:01AM INFORMATION.
9:38:01AM THAT'S ALL I'M SAYING.
9:38:02AM >>MIKE SUAREZ: IT'S A PRETTY BROAD STATEMENT YOU'RE MAKING.
9:38:05AM HE JUST HANDED ME A REPORT.
9:38:06AM I'M ASSUMING HE WOULD KNOW WHAT HE CAN GIVE OUT.
9:38:09AM >>SAL TERRITO: I HAVEN'T SEEN THE REPORT.
9:38:11AM I'M CAUTIONING YOU, IF THERE'S ANYTHING TO IDENTIFY A
9:38:14AM WITNESS OR A VICTIM, PLEASE DO NOT LET IT OUT.
9:38:16AM >>MIKE SUAREZ: I WILL BE AS DILIGENT AS POSSIBLE TO MAKE
9:38:19AM SURE THAT THERE ARE NO IDENTIFYING INFORMATION.
9:38:23AM I'LL CONTACT YOU LATER ON TODAY.
9:38:25AM I'LL KEEP THAT UNTIL THAT TIME SO WE CAN TALK ABOUT IT.
9:38:28AM >>YVONNE CAPIN: GOOD TO BE AS JUDICIOUS AS YOU POSSIBLY CAN.
9:38:34AM I WANT TO CLARIFY SOMETHING, IF SOMETHING COMES INTO OUR
9:38:37AM HANDS IS IT OR IS IT NOT PUBLIC.
9:38:39AM >>SAL TERRITO: COMES INTO YOUR HANDS AND SHOULDN'T HAVE IT,
9:38:41AM IT IS NOT A PUBLIC RECORD.
9:38:42AM THE FACT THAT IT WAS TRANSMITTED, TRANSMITTING IT DOESN'T
9:38:45AM MAKE IT AUTOMATICALLY SO.
9:38:46AM IF IT WAS DONE BY MISTAKE, THEN IT SHOULD NOT BE
9:38:49AM DISTRIBUTED.
9:38:49AM >>YVONNE CAPIN: BY MISTAKE.
9:38:52AM >>SAL TERRITO: I DON'T KNOW WHAT'S ON THE REPORT.
9:38:53AM ALL I'M DOING IS CAUTIONING.
9:38:55AM IF THERE'S ANY WAY OF IDENTIFYING THE VICTIMS, THAT
9:38:57AM INFORMATION IS NOT A PUBLIC RECORD, EVEN IF YOU'VE SEEN IT.
9:39:01AM THAT'S ALL I'M TRYING TO SAY.
9:39:04AM >>FRANK REDDICK: LET ME ASK THE OFFICER A QUESTION, BECAUSE
9:39:07AM YOU SAY SEND SOMEBODY AN E-MAIL, DID HE -- DID YOU SEND IT
9:39:11AM TO ALL THE COUNCIL MEMBERS OR JUST MR. SUAREZ?
9:39:15AM >> THE CHIEF'S OFFICE WAS SUPPOSED TO SEND IT OVER.
9:39:19AM I DON'T KNOW THE DETAIL.
9:39:19AM THE REPORT I GAVE YOU JUST HAS REPORT NUMBERS.
9:39:22AM IT HAS NOBODY NAMES.
9:39:24AM YOU COULD ONLY GET THAT INFORMATION FOR THE PARTICULAR CASES
9:39:27AM BY GOING TO THE POLICE DEPARTMENT.
9:39:28AM >>MIKE SUAREZ: I FIGURED THAT.
9:39:30AM I DIDN'T WANT TO CONTRADICT MR. TERRITO.
9:39:35AM DIDN'T LOOK LIKE IDENTIFYING INFORMATION BUT I DON'T KNOW
9:39:37AM WHAT IS PUBLIC RECORD AND WHAT ISN'T.
9:39:40AM THAT'S WHY I'LL TALK TO HIM LATER ON.
9:39:43AM >> PROPERTY NUMBERS, THE DATES THEY WERE PUT IN EVIDENCE.
9:39:46AM >>MIKE SUAREZ: IT LOOKED TO ME LIKE IT IS A TRACKING SYSTEM
9:39:50AM SPECIFICALLY FOR WHERE IT GOES, IN TERMS OF THE CHAIN OF THE
9:39:55AM CUSTODY FOR THAT EVIDENCE, WHERE EACH PART OF IT GOES AND
9:39:58AM THEN IDENTIFIED THROUGH A CASE NUMBER AT SOME POINT, I WOULD
9:40:00AM THINK.
9:40:01AM THAT'S JUST FROM THE QUICK READING OF IT.
9:40:03AM AGAIN, I'LL JUST MAKE SURE THAT NONE OF THAT IS AVAILABLE
9:40:06AM FOR PUBLIC RECORD WITH MR. TERRITO AFTER THE MEETING.
9:40:12AM >> EVEN WITH THE INFORMATION PROVIDED IF YOU WENT TO THE
9:40:14AM RECORDS DEPARTMENT, ALL THAT WOULD BE REDACTED UPON REQUEST.
9:40:17AM >>MIKE SUAREZ: TERRIFIC.
9:40:18AM I APPRECIATE IT.
9:40:19AM THANK YOU BOTH FOR COMING HERE.
9:40:20AM >>FRANK REDDICK: ITEM NUMBER 74.
9:40:24AM >> GOOD MORNING, CHUCK WEBER, WATER DEPARTMENT.
9:40:26AM I'M HERE TO ADDRESS ITEM 74.
9:40:29AM IT IS THE PURCHASE OF CAUSTIC SODA.
9:40:31AM IT IS A CHEMICAL USED IN OUR TREATMENT PROCESS AT THE WATER
9:40:35AM DEPARTMENT AND WASTEWATER DEPARTMENT.
9:40:37AM WITH THAT, I'LL ANSWER ANY QUESTIONS.
9:40:38AM >>FRANK REDDICK: GOT A MOTION FROM MR. MIRANDA.
9:40:40AM SECONDED BY MR. MANISCALCO, ALL THOSE IN FAVOR OF THAT
9:40:43AM MOTION SAY AYE.
9:40:44AM OPPOSED?
9:40:46AM MOTION CARRIED.
9:40:47AM ALL RIGHT, WE GO TO 9:30.
9:40:54AM >>CHARLIE MIRANDA: MOVE ITEMS 58 --
9:40:58AM >>FRANK REDDICK: OPEN UP THE PUBLIC HEARING?
9:41:00AM >>CHARLIE MIRANDA: [MICROPHONE NOT ON]
9:41:09AM >>FRANK REDDICK: ALL RIGHT.
9:41:10AM IF ANYONE IS GOING TO SPEAK ON ITEMS 61 THROUGH 69, PLEASE
9:41:15AM STAND TO BE SWORN IN.
9:41:16AM I'M SORRY.
9:41:22AM I THOUGHT I DID THAT.
9:41:23AM WE HAVE A MOTION FROM MR. MIRANDA.
9:41:27AM SECONDED BY -- OKAY.
9:41:31AM MR. COHEN.
9:41:33AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:41:34AM OPPOSED?
9:41:35AM OKAY.
9:41:37AM [OATH ADMINISTERED]
9:41:43AM >>FRANK REDDICK: ALL RIGHT.
9:41:44AM ITEM 58.
9:41:46AM >> GOOD MORNING, CHAIRMAN, COUNCIL.
9:41:48AM LaCHONE DOCK, PLANNING AND URBAN DESIGN.
9:41:51AM COUNCIL, ITEM NUMBER 58 IS A PRIVATELY INITIATED AMENDMENT.
9:41:54AM THIS IS A PART OF THE JULY 2018 AMENDMENT CYCLE.
9:41:57AM THIS ITEM IS BEFORE YOU THIS MORNING FOR SECOND READING.
9:42:00AM THIS PARTICULAR REQUEST CONTAINS THREE CHANGES TO CHAPTER
9:42:05AM 27.
9:42:06AM ONE WAS A MINOR CHANGE TO THE TEMPORARY ALCOHOLIC BEVERAGE
9:42:10AM SALES LOCATED UNDER SECTION 27-132, WHICH IS THE SPECIAL USE
9:42:15AM CRITERIA.
9:42:15AM THE OTHER CHANGE IS 27-282.16.
9:42:19AM THAT'S FOR TEMPORARY SPECIAL EVENTS.
9:42:21AM AND THE LAST CHANGE IS TO 27-283.7, TABLE ONE, WHICH IS THE
9:42:27AM TABLE OF REQUIRED PARKING.
9:42:28AM THIS ADDS THE ALLOWANCE OF THE PARKING OFFSETS FOR USES SUCH
9:42:34AM AS THE BICYCLES, MOTOR CYCLES, ATTENDEES, EVENT WORKERS.
9:42:42AM IT TAKES ACCOUNT FOR THAT.
9:42:43AM I'M AVAILABLE IF YOU HAVE ANY QUESTIONS ON THIS PARTICULAR
9:42:45AM AMENDMENT.
9:42:45AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
9:42:47AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 58?
9:42:52AM >>CHARLIE MIRANDA: MOVE TO CLOSE.
9:42:53AM >>FRANK REDDICK: MOTION BY MR. MIRANDA.
9:42:55AM SECONDED BY MR. MANISCALCO.
9:42:56AM ALL IN FAVOR OF THAT MOTION SAY AYE.
9:42:58AM OPPOSED?
9:42:59AM MR. COHEN, TAKE 58.
9:43:01AM >>HARRY COHEN: THANK YOU VERY MUCH, MR. CHAIR.
9:43:03AM I MOVE AN ORDINANCE BEING PRESENTED FOR SECOND READING AND
9:43:05AM ADOPTION, AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA,
9:43:08AM RELATING TO SPECIAL TEMPORARY -- EXCUSE ME, TEMPORARY
9:43:12AM SPECIAL EVENT PARKING, MAKING REVISIONS TO CITY OF TAMPA
9:43:15AM CODE OF ORDINANCES CHAPTER 27 (ZONING AND LAND DEVELOPMENT);
9:43:19AM AMENDING SECTION 27-132, REGULATIONS GOVERNING INDIVIDUAL
9:43:23AM SPECIAL USES; AMENDING SECTION 27-282.16, TEMPORARY SPECIAL
9:43:29AM EVENT; AMENDING SECTION 27-283.7, NUMBER OF OFF-STREET
9:43:34AM PARKING SPACES; REPEALING ALL ORDINANCES OR PARTS OF
9:43:38AM ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR
9:43:41AM SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
9:43:43AM >> SECOND.
9:43:46AM >>FRANK REDDICK: IS THIS SECOND READING?
9:43:48AM >> YES.
9:43:49AM >>FRANK REDDICK: OH.
9:43:49AM PLEASE RECORD YOUR VOTE.
9:43:58AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
9:44:02AM >>FRANK REDDICK: WE'LL GO TO ITEM NUMBER 59.
9:44:11AM >> GOOD MORNING, COUNCIL.
9:44:12AM HAPPY NEW YEAR.
9:44:13AM RON VILA.
9:44:15AM I'M WITH HISTORIC PRESERVATION.
9:44:16AM THIS MORNING ON THE AGENDA, WE'RE COMING FORWARD WITH A TAX
9:44:20AM AD VALOREM FOR THE PROPERTY 611 WEST SWANN AVENUE.
9:44:27AM THIS IS A HISTORIC PHOTO ON YOUR MONITOR FROM THE EARLY
9:44:32AM 1920s.
9:44:33AM THE STRUCTURE IS LOCATED AT 611 SWANN AS I INDICATED.
9:44:36AM IT IS IN THE HYDE PARK LOCAL HISTORIC DISTRICT.
9:44:39AM IT IS OWNED BY 611 WEST SWANN LLC.
9:44:42AM THIS WAS A RESIDENTIAL STRUCTURE, WHICH IS GOING THROUGH AN
9:44:47AM ADAPTIVE REUSE THROUGH THIS PROCESS AND IT WILL BE AN
9:44:50AM OFFICE.
9:44:51AM IT WAS CONSTRUCTED IN 1910.
9:44:53AM IT IS A TWO-STORY CRAFTSMAN-STYLE HOME.
9:44:56AM THE LAST OWNER OF THE STRUCTURE IN 1976 WAS RICHARD
9:45:01AM STACKLEY.
9:45:01AM WHICH ALSO DESIGNED THE SHOWBOAT DINNER THEATER.
9:45:05AM THROUGH THE AD VALOREM PROCESS, WE DEAL WITH THE OUTSIDE OF
9:45:11AM THE STRUCTURE AND IN THE INTERIOR.
9:45:13AM JUST TO POINT OUT SOME CHARACTER-DEFINING FEATURES THAT WERE
9:45:15AM REMOVED THROUGH THE YEARS AND THEN REINCORPORATED THROUGH
9:45:19AM THIS PROCESS.
9:45:20AM WE HAVE A COLUMN THAT ENGAGES INTO A PERGOLA AS THE FRONT
9:45:25AM ENTRANCE TO THE STRUCTURE.
9:45:28AM THIS IS PRIOR TO REHABILITATION.
9:45:30AM YOU SEE THAT THAT COLUMN AND THAT PERGOLA ELEMENT WAS
9:45:34AM REMOVED.
9:45:35AM AND THEN THROUGH THE AD VALOREM PROCESS, IT WAS REENGAGED
9:45:38AM INTO THE HOUSE TO SHOW MORE OF A HISTORIC FORM OF THE ENTRY
9:45:44AM FEATURE.
9:45:45AM CONTINUING THE ENTRY FEATURE, THE PORCH WAS REHABILITATED
9:45:48AM PRIOR TO REHABILITATION THE PORCH UNDERWENT SOME
9:45:52AM CONSTRUCTION.
9:45:53AM AND THEN HOW IT LOOKS TODAY WITH A WOOD FRONT PORCH.
9:46:00AM GENEROUS IN SIZE.
9:46:02AM ABOUT 12-FOOT ACROSS.
9:46:03AM THE FRONT FACADE OF THE HOUSE AND HEAVY BEAMS ACROSS THE TOP
9:46:07AM THAT ARE CHARACTER DEFINING TO THE CRAFTSMAN STYLE.
9:46:10AM INTERIOR, THE KITCHEN.
9:46:15AM PRIOR TO REHABILITATION.
9:46:17AM POST REHABILITATION, YOU HAVE THE WOOD FLOORS THROUGHOUT THE
9:46:21AM WHOLE HOUSE INCLUDING THE KITCHEN AND PANELED CABINETRY WITH
9:46:26AM A MARBLE TOP AND THE GLASS CABINETS.
9:46:34AM MOVING TO THE BATHROOM.
9:46:37AM KIND OF A DARK SHOT BUT YOU SEE MORE OF A '70s AS WELL.
9:46:41AM AND THEN RELATING BACK TO A '20s STYLE WITH BASKET-WEAVE
9:46:48AM FLOORING WITH RECESSED CABINETRY AND THE TILE STOP THAT
9:46:54AM MATCHES THE KITCHEN.
9:46:55AM THROUGHOUT THE HOUSE, IT HAS SOME CHARACTER DEFINING
9:46:58AM FEATURES AS WELL.
9:46:59AM POCKET DOORS AND THE TRIM WERE REESTABLISHED WITH THE WOOD
9:47:03AM FLOORING THROUGHOUT.
9:47:05AM THEY WERE ABLE TO KEEP THE WOOD FLOORING, SAND IT DOWN AND
9:47:10AM RETREAT IT.
9:47:10AM THE FIREPLACE WITH THE BUILT-INS THAT FLANK THE FIREPLACE
9:47:20AM AND WINDOWS ON TOP, PRIOR TO REHABILITATION.
9:47:22AM AND THEN AFTER REHABILITATION.
9:47:25AM CONCLUDE WITH THE OLD PICTURE.
9:47:32AM CONSISTENT WITH THE SECRETARY OF INTERIOR STANDARDS FOR
9:47:34AM REHABILITATION, AND IS CONSISTENT WITH THE ORDINANCE
9:47:38AM SUBMITTED.
9:47:38AM I'M HERE TO ANSWER ANY QUESTIONS.
9:47:41AM >>FRANK REDDICK: MR. MANISCALCO.
9:47:42AM >>GUIDO MANISCALCO: JUST A RANDOM THOUGHT HERE.
9:47:45AM THERE'S A HOME ON THE CORNER OF CENTRAL AVENUE ON CENTRAL
9:47:48AM AND FRIERSON IN SEMINOLE HEIGHTS THAT HAS, IF YOU NOTICE IN
9:47:53AM THE FRONT PORCH, THE ACCENTED BEAMS THAT GO ACROSS.
9:47:58AM I WAS TOLD THAT THERE'S ONLY ABOUT A DOZEN OF THESE STYLE
9:48:02AM HOMES IN THE CITY OF TAMPA.
9:48:04AM IS THAT TRUE?
9:48:05AM IS THERE ANYTHING SPECIFIC OR IS IT JUST A CRAFTSMAN
9:48:08AM BUNGALOW AND FALLS INTO THAT CATEGORY?
9:48:10AM >> IT IS A CRAFTSMAN-STYLE BUNGALOW, BUT IT HAS THE ASIAN
9:48:11AM INFLUENCES.
9:48:12AM IF YOU LOOK AT THE ENDS HOW THEY TERMINATE, THIS IS MORE OF
9:48:16AM A HIGHER END STYLE HOME.
9:48:18AM THROUGH THE YEARS, DURING CONSTRUCTION OF THE ROOF AND
9:48:23AM DAMAGE TO THE RAFTERS, THEY USUALLY ARE CUT OFF AND THEY ARE
9:48:25AM LOST THROUGH THE YEARS.
9:48:26AM BUT WE HAVE THE HISTORIC RESOURCES TO FIND THE TREATMENTS
9:48:29AM THAT WERE THERE, AND WE TRIED TO REINCORPORATE IT THROUGH
9:48:33AM THIS PROCESS.
9:48:35AM >>GUIDO MANISCALCO: THANK YOU.
9:48:35AM >>FRANK REDDICK: ANY OTHER QUESTIONS FROM COUNCIL?
9:48:37AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 59?
9:48:40AM >> MOVE TO CLOSE.
9:48:41AM >>FRANK REDDICK: MOTION FROM MR. MANISCALCO.
9:48:43AM SECONDED BY MR. MIRANDA.
9:48:45AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:48:46AM OPPOSED?
9:48:47AM MR. MANISCALCO.
9:48:50AM >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. CHAIRMAN.
9:48:51AM I HAVE A AN ORDINANCE BEING PRESENTED FOR SECOND READING AND
9:48:55AM ADOPTION.
9:48:55AM AN ORDINANCE APPROVING AN HISTORIC PRESERVATION TAX
9:48:59AM EXEMPTION APPLICATION RELATIVE TO THE RESTORATION,
9:49:02AM RENOVATION, OR REHABILITATION OF CERTAIN PROPERTY OWNED BY
9:49:04AM 611 WEST SWANN AVENUE, LLC, LOCATED AT 611 WEST SWANN
9:49:09AM AVENUE, TAMPA, FLORIDA, IN THE HYDE PARK HISTORIC DISTRICT,
9:49:12AM BASED UPON CERTAIN FINDINGS; PROVIDING FOR NOTICE TO THE
9:49:16AM PROPERTY APPRAISER OF HILLSBOROUGH COUNTY; PROVIDING FOR
9:49:17AM SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN
9:49:20AM CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
9:49:22AM >>FRANK REDDICK: MOTION BY MR. MANISCALCO.
9:49:23AM SECONDED BY MR. SUAREZ.
9:49:26AM PLEASE RECORD YOUR VOTE.
9:49:31AM >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY.
9:49:33AM >>FRANK REDDICK: OKAY.
9:49:34AM GO TO ITEM 60.
9:49:38AM >>LaCHONE DOCK: GOOD MORNING, COUNCIL.
9:49:40AM LaCHONE DOCK, PLANNING AND URBAN DESIGN.
9:49:42AM ITEM 60 IS A COMPREHENSIVE PLAN AMENDMENT.
9:49:44AM CPA 18-13 AND IT IS BEFORE YOU THIS MORNING FOR SECOND
9:49:49AM READING.
9:49:49AM THIS REQUEST ALSO HAD AN ASSOCIATED REZONING WITH IT.
9:49:52AM IT'S REZ 18-106.
9:49:54AM THAT SECOND READING IS NOT SCHEDULED UNTIL FEBRUARY,
9:49:57AM FEBRUARY 21st, BUT THIS COMPREHENSIVE PLAN AMENDMENT IS
9:50:00AM BEFORE YOU FOR SECOND READING THIS MORNING.
9:50:02AM I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
9:50:04AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
9:50:05AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM 60?
9:50:08AM >> MOVE TO CLOSE.
9:50:08AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
9:50:10AM SECONDED BY MR. MANISCALCO.
9:50:11AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:50:13AM OPPOSED?
9:50:14AM MS. CAPIN, WOULD YOU READ ITEM 60?
9:50:17AM >>YVONNE CAPIN: YES, THANK YOU, MR. CHAIR.
9:50:18AM I READ ITEM 60, FILE PA 18-13, ORDINANCE BEING PRESENTED FOR
9:50:24AM SECOND READING AND ADOPTION, AN ORDINANCE AMENDING THE TAMPA
9:50:26AM COMPREHENSIVE PLAN, FUTURE LAND USE MAP, FOR THE PROPERTY
9:50:29AM GENERALLY LOCATED AT 3602 WEST BAY TO BAY BOULEVARD FROM
9:50:33AM RESIDENTIAL 10 (R-10) TO RESIDENTIAL-20 (R-20); PROVIDING
9:50:39AM FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR
9:50:42AM SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
9:50:44AM >>FRANK REDDICK: MOTION BY MS. CAPIN.
9:50:46AM SECONDED BY MR. MANISCALCO.
9:50:47AM PLEASE RECORD YOUR VOTE.
9:50:55AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
9:50:57AM >>FRANK REDDICK: OKAY.
9:50:58AM GO TO ITEM NUMBER 61.
9:51:09AM >>MARY SAMANIEGO: MARY SAMANIEGO, ITEMS 61 THROUGH 67 ARE
9:51:13AM ALL REZONINGS THAT HAVE FIRST READINGS.
9:51:16AM ALL REQUIRED CHANGES HAVE BEEN MADE BETWEEN FIRST AND SECOND
9:51:18AM READING, I ASK AS EACH ITEM COMES UP, THE APPLICANT COME
9:51:22AM FORWARD AND ADDRESS THE CITY COUNCIL.
9:51:23AM THANK YOU.
9:51:25AM >> GOOD MORNING, COUNCIL MEMBERS.
9:51:26AM I'M LEE RICE FILLING IN FOR DAVE MECHANIK WHO IS OUT DUE TO
9:51:31AM CATARACT SURGERY.
9:51:33AM WE'RE ASKING FOR YOUR APPROVAL OF THIS REZONING REQUEST.
9:51:36AM >>FRANK REDDICK: ANY QUESTIONS FOR THE PETITIONER?
9:51:39AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 61?
9:51:43AM >> MOVE TO CLOSE.
9:51:57AM >>FRANK REDDICK: COME UP.
9:52:00AM >> GOOD MORNING, COUNCIL.
9:52:01AM I'M COREY McKENZIE.
9:52:03AM I LIVE ACROSS THE STREET FROM THE PROPOSED PROJECT.
9:52:06AM I LIVE AT 1719 WEST CARMEN.
9:52:09AM THESE MULTIFAMILY HOUSING PROJECTS HAVE GONE UP ALL OVER OUR
9:52:16AM NEIGHBORHOOD.
9:52:16AM AND NOW THE PROPOSED ONE THAT'S GOING TO MOVE IN RIGHT
9:52:20AM ACROSS THE STREET FROM ME IS A CONCERN.
9:52:21AM THE HOUSE IS IMMEDIATELY ADJACENT TO ME AND ACROSS THE
9:52:26AM STREET FROM ME ARE SINGLE-FAMILY DWELLINGS, ONE STORY IN
9:52:29AM HEIGHT.
9:52:29AM IT'S A PRIVACY ISSUE FOR ME HAVING, OF COURSE, THREE- OR
9:52:35AM FOUR-STORY BUILDING ACROSS THE STREET NOW, I LOSE THE
9:52:38AM PRIVACY OF MY BACKYARD.
9:52:39AM THE OTHER THING THAT I'M CONCERNED ABOUT IS THE NUISANCE OF
9:52:45AM DOG DROPPINGS EVERYWHERE.
9:52:47AM THE BUILDINGS -- THE MULTIFAMILY THAT'S DOWN THE STREET OF
9:52:52AM THIS NATURE VERY SIMILAR TO THE ONE GOING UP ACROSS THE
9:52:55AM STREET FROM ME, IT'S JUST REALLY STINKY.
9:53:01AM THEY HAVE A GREENSPACE AS PART OF THEIR PROJECT, AND IF YOU
9:53:04AM FIGURE THAT THERE ARE MAYBE 200 RESIDENTS IN THERE AND LET'S
9:53:09AM SAY MAYBE HALF OF THEM HAVE DOGS, THERE WILL BE MAYBE 10% OF
9:53:13AM THE DOGS THAT WILL BE RELIEVING THEMSELVES ON MY FRONT YARD.
9:53:17AM I HAVEN'T SEEN THE NEW PROJECT VERY CLOSELY, BUT I DIDN'T
9:53:22AM NOTICE ANY GREENSPACE THAT WAS BEING PROVIDED FOR THOSE
9:53:26AM RESIDENTS FOR THEIR ANIMALS.
9:53:27AM IF YOU WALK THROUGH THE GREENSPACE THAT'S DOWN THE STREET ON
9:53:32AM CARMEN STREET, COMING TOWARDS THE UNIVERSITY, YOU CAN'T EVEN
9:53:36AM HARDLY WALK THROUGH THAT LITTLE GREENSPACE IT SMELLS SO BAD.
9:53:40AM THAT'S A CONCERN FOR ME.
9:53:42AM THE DEVELOPER OF THE PROJECT -- PROPOSED PROJECT ACROSS THE
9:53:46AM STREET FROM ME NOTED AT THE LAST MEETING THAT HE WAS GOING
9:53:50AM TO DO SOMETHING LIKE A DNA TESTING OF EACH DOG THAT LIVED IN
9:53:54AM THE BUILDING AND THEN IF DROPPINGS WERE FOUND THAT THEY
9:53:57AM WOULD THEN COLLECT THE DRAWINGS AND DO DNA TESTING AND
9:54:01AM FIGURE OUT WHICH DOG OWNER HAD VIOLATED THE PICK UP YOUR DOG
9:54:07AM FECES THING.
9:54:08AM AND, QUITE FRANKLY, I THINK IT'S A LITTLE RIDICULOUS.
9:54:13AM SO THAT'S A CONCERN OF MINE.
9:54:15AM AND THEN I'D JUST LIKE TO RESTATE, AS I DID IN THE LAST
9:54:20AM HEARING, THAT THE NEIGHBORHOOD THAT I LIVE IN IS NOT A
9:54:24AM BLIGHTED NEIGHBORHOOD, BUT RATHER A NEIGHBORHOOD THAT HAS
9:54:27AM BEEN THERE FOR GENERATIONS.
9:54:29AM MY NEIGHBOR HAS BEEN THERE SINCE 1972 ACROSS THE STREET AND
9:54:34AM MY NEIGHBOR, OTHER NEIGHBOR IS, OH, MY GOSH, I DON'T EVEN
9:54:41AM KNOW HOW LONG HE'S BEEN THERE.
9:54:43AM IT IS A FAMILY NEIGHBORHOOD, AND I THINK THE COUNCIL SHOULD
9:54:48AM KNOW THAT.
9:54:49AM I'M SURE THE DEVELOPER WILL MAKE A LOT OF MONEY ON THIS
9:54:53AM PROJECT; HOWEVER, FAMILIES AND NEIGHBORHOOD BEING BROKEN UP
9:54:59AM AS A RESULT OF THIS PROJECT.
9:55:00AM THANK YOU.
9:55:08AM >> GOOD MORNING.
9:55:08AM I RESIDE AT 1720 WEST CARMEN STREET.
9:55:13AM I'M A NEIGHBOR THAT'S BEEN THERE SINCE 1972.
9:55:16AM I DO HAVE HERE IN 1972 MY MOM BOUGHT THE PROPERTY IN 1971.
9:55:29AM 1972 WE'VE BEEN THERE EVER SINCE.
9:55:32AM 2018, MY SIBLINGS, WE WENT DOWN AND DID A DEED, SOMETHING
9:55:39AM THAT WE COULD FILE FOR HOMESTEAD.
9:55:41AM MY CONCERN IS, THIS IS WHAT THE NEIGHBORHOOD LOOKED LIKE IN
9:55:49AM 2006.
9:55:51AM THIS IS THE PROPOSED PROPERTY HERE THAT THEY ARE TRYING TO
9:55:54AM BUILD ON THERE.
9:55:55AM IN 2012, IT WAS ALL LAND.
9:55:58AM MY HOME IS OVER HERE.
9:55:59AM IN 2018, IS WHAT IT LOOKS LIKE NOW.
9:56:03AM THAT'S WHAT THEY WANT TO DO THERE.
9:56:06AM AS THEY STATED THE MONTH BEFORE LAST, THIS IS WHAT MY
9:56:11AM NEIGHBOR IS TALKING ABOUT.
9:56:12AM THIS IS MY HOME RIGHT HERE.
9:56:16AM ALL THE APARTMENTS WILL BE AROUND ME.
9:56:17AM I LOOK TO MY EAST, I HAVE APARTMENTS FOUR STORIES HIGH.
9:56:21AM MY WEST, FOUR STORIES HIGH.
9:56:23AM AND THE SOUTH.
9:56:24AM THE ONLY THING I COULD DO IS LOOK OUT MY FRONT DOOR AND SEE
9:56:28AM THE STREET.
9:56:29AM I DON'T THINK ANY ONE OF YOU ALL WOULD LIKE TO HAVE YOUR
9:56:32AM HOME INVADED BY APARTMENT COMPLEXES.
9:56:34AM I'M NOT HAPPY WITH IT AT ALL.
9:56:36AM I'M REALLY UPSET THAT YOU ALL WOULD ALLOW -- THE STORMWATER
9:56:40AM IS HORRIBLE.
9:56:41AM THIS IS CARMEN AND THIS IS ACTUALLY CARMEN AND FREMONT.
9:56:47AM CARS HAVE TO TURNAROUND.
9:56:49AM RIGHT HERE, THEY HAD TO TELL US TO MOVE OUR CAR FROM THE
9:56:54AM EAST SIDE AND PUT IT ON THE WEST SIDE.
9:56:56AM THAT'S TPD TELLING US WE NEED TO MOVE OUR CAR BECAUSE IT WAS
9:56:56AM ALREADY FLOODED.
9:56:57AM THE OTHER THING I HAVE A CONCERN WITH IS I HAVE A
9:57:00AM $30,000 SOLAR PANEL BEING PUT ON MY HOUSE IN FEBRUARY.
9:57:05AM I WILL NOT BE ABLE TO USE IT PROPERLY BECAUSE THE SUNLIGHT
9:57:09AM FROM THE APARTMENT COMPLEX IS GOING TO BLOCK IT.
9:57:12AM THAT IS THE MAIN CONCERN I HAVE RIGHT NOW AS WELL AS THERE
9:57:16AM IS SOLAR SUN LIGHT RIGHTS, THAT WE DO HAVE THE RIGHT, ONCE A
9:57:23AM PERSON HAS GAINED THE -- THE OWNER TO THE ADJACENT LAND
9:57:28AM CANNOT OBSTRUCT IT BY PUTTING A BUILDING THERE.
9:57:31AM IT SAYS, ONCE A PERSON HAS BEEN THERE FOR MORE THAN 20
9:57:35AM YEARS, WELL, WE EXCEEDED THAT.
9:57:37AM WE'VE BEEN THERE 42 YEARS.
9:57:39AM THAT IS THE HISTORY OF THE SUNLIGHT RIGHTS.
9:57:42AM ALL I'M ASKING IS THAT YOU TAKE INTO CONSIDERATION, THE
9:57:44AM OWNERS HAVE NEVER CAME AND KNOCKED ON MY DOOR AND SAID,
9:57:48AM HELLO, WE WOULD LIKE TO KNOW -- I DON'T MIND THEM BUILDING,
9:57:51AM BUT BUILD RESIDENTIAL HOMES THERE.
9:57:53AM WE'VE BEEN THERE FOR YEARS.
9:57:55AM I DON'T WANT NO APARTMENT COMPLEX OVER ME.
9:57:57AM I CAN'T EVEN OPEN UP MY BLINDS OR WALK AROUND IN MY BRA AND
9:58:01AM UNDERWEAR NOW BECAUSE I'M GOING TO HAVE PEOPLE LOOKING FOR
9:58:03AM ME FROM THE THIRD AND SECOND FLOOR.
9:58:05AM I REALLY APPRECIATE IT IF YOU ALL WOULD TAKE INTO
9:58:09AM CONSIDERATION AND HAVE THEM REVAMP THAT.
9:58:11AM THANK YOU.
9:58:12AM >>FRANK REDDICK: ARE YOU GOING TO GO FORWARD WITH THE SOLAR
9:58:16AM PANELS?
9:58:17AM >> OF COURSE, I AM.
9:58:18AM >>FRANK REDDICK: EVEN THOUGH --
9:58:19AM >> WELL, TAMPA ELECTRIC, MY BILLS ARE EXPENSIVE OVER THERE.
9:58:24AM IT'S AN OLDER HOUSE --
9:58:25AM >>FRANK REDDICK: YOU'RE SAYING ABOUT THEM PUTTING APARTMENTS
9:58:28AM THERE, THEY ARE GOING TO OBSTRUCT YOUR --
9:58:31AM >> IT WILL.
9:58:33AM >>FRANK REDDICK: -- YOUR SUNLIGHT.
9:58:35AM >> I'M NOT THE ONLY ONE PUTTING SOLAR.
9:58:37AM EVERYONE ON MY STREET HAS SOLAR.
9:58:39AM WE'RE ALL DOING SOLAR NOW.
9:58:41AM THEY HAVE TO COME AND SIT WITH US.
9:58:42AM I DON'T MIND THEM BUILDING.
9:58:44AM WHY GO FORWARD -- I KNOW IT'S ALL ABOUT THE MONEY.
9:58:48AM HAVE CONSIDERATION FOR PEOPLE BEEN THERE ALL THEIR LIFE.
9:58:54AM I'VE BEEN THERE MOST OF MY LIFE.
9:58:56AM >>FRANK REDDICK: OKAY.
9:58:57AM ANYONE ELSE WISH TO SPEAK ON ITEM 61?
9:59:01AM >> MOVE TO CLOSE.
9:59:05AM >> WELL, NO, WE HAVE TO HEAR REBUTTAL.
9:59:08AM >> I'M HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS.
9:59:12AM AS FAR AS THE GREENSPACE THAT WAS RAISED, THERE IS
9:59:14AM GREENSPACE INSIDE THE COMPLEX THAT IS GOING TO BE USED, SO I
9:59:19AM DON'T KNOW -- THE PUBLIC MEMBER SAID SHE DIDN'T KNOW IF
9:59:24AM THERE'S ANY GREENSPACE, BUT THERE WILL BE GREENSPACE INSIDE
9:59:28AM THE PROJECT.
9:59:29AM >>HARRY COHEN: IS IT ACTUALLY GOING TO BE RESERVED FOR DOGS,
9:59:33AM FOR PETS?
9:59:34AM >> I'M NOT FAMILIAR WITH THAT SO I'D HAVE TO CHECK WITH THE
9:59:37AM CLIENT ON THAT.
9:59:40AM >>HARRY COHEN: I DON'T KNOW THAT IT RELATES TO THE ZONING
9:59:43AM QUESTION BECAUSE MR. SHELBY IS LOOKING AT ME AND SO IS
9:59:48AM MS. KERT.
9:59:49AM BUT IT'S A VERY LEGITIMATE CONCERN OF SOMEONE WHO LIVES IN
9:59:51AM THE NEIGHBORHOOD THAT THE PLACE IS PILING UP WITH DOG
9:59:54AM EXCREMENT AND THAT MORE DOGS MOVING IN IS GOING TO CREATE A
9:59:58AM NUISANCE.
9:59:59AM IT'S NOT SOMETHING THAT WE'RE REALLY ABLE TO CONSIDER AS
10:00:03AM PART OF THIS HEARING BUT WE SHOULD SAY ON THE RECORD WE
10:00:07AM EXPECT YOUR CLIENT TO DEAL WITH THAT ISSUE AND WORK WITH THE
10:00:11AM NEIGHBORS TO COME UP WITH SOMETHING THAT WILL WORK FOR
10:00:14AM EVERYBODY.
10:00:15AM DOES THAT SOUND REASONABLE?
10:00:19AM >>FRANK REDDICK: WOULDN'T IT BE REAL SIMPLE, YOU SEE IN SOME
10:00:23AM PARKS WE HAVE THE LITTLE STATIONS --
10:00:25AM >> I'M SORRY.
10:00:26AM I'M HAVING A LITTLE TROUBLE HEARING YOU.
10:00:28AM SORRY.
10:00:31AM >>FRANK REDDICK: IF YOU GO TO SOME DOG PARKS, YOU SEE THEY
10:00:35AM HAVE LITTLE STATIONS, PEOPLE CAN GET BAGS --
10:00:40AM >> FOR THE EXCREMENT.
10:00:41AM >>FRANK REDDICK: IN YOUR GREENSPACE, SOMEWHERE IN THAT AREA,
10:00:46AM YOU ALL CAN SET UP A LITTLE STATION.
10:00:49AM >> I'LL CHECK WITH THE CLIENT TO SEE IF THAT'S BEEN A
10:00:51AM CONSIDERATION.
10:00:52AM >>FRANK REDDICK: I MEAN, THAT'S CHEAPER THAN DOING DNA.
10:00:57AM ANYTHING ELSE?
10:01:07AM >>CHARLIE MIRANDA: I HAVE SOME THOUGHTS THAT SHE'S GOING TO
10:01:09AM ASK THE CLIENT, FROM WHAT I HEARD, FIRST SPEAKER SPOKE ABOUT
10:01:15AM THE DNA, I THINK WE OUGHT TO GET THE ANSWERS TO ALL THAT
10:01:21AM BEFORE WE CONTINUE.
10:01:22AM I CALL IT THE "HTL, "HOLD TO LATER."
10:01:30AM >>FRANK REDDICK: LET'S SEE IF WE CAN DO IT.
10:01:32AM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
10:01:34AM I DO UNDERSTAND THE CONCERNS OF THE NEIGHBOR.
10:01:40AM THAT BEING SAID, UNLESS IT RELATES TO SOMETHING SPECIFIC
10:01:43AM THAT COULD BE A BASIS FOR THE DENIAL OF THE REZONING, IT
10:01:45AM WOULD NOT BE APPROPRIATE TO CONTINUE THE CASE.
10:01:49AM AND THE BASIS FOR THE CONSIDERATION ARE CONTAINED IN YOUR
10:01:52AM STAFF REPORT UNDER THE PD CRITERIA.
10:01:54AM UNLESS IT RELATES DIRECTLY TO ONE OF THOSE IT WOULDN'T BE
10:01:57AM APPROPRIATE TO REQUIRE A CONTINUANCE IN THIS CASE, BECAUSE
10:02:01AM IF YOU COULDN'T DENY IT ON THAT BASIS.
10:02:04AM >>CHARLIE MIRANDA: SO THEN IF ANY PETITIONER COMES HERE AND
10:02:08AM MAKES A STATEMENT REGARDING WHAT WAS SAID ON THE RECORD, I
10:02:12AM ASSUME IT WAS SAID, BECAUSE THEY SAID IT WAS SAID, SO EVEN
10:02:15AM IF THEY GIVE INFORMATION THAT MAY NOT BE 100% CORRECT BUT
10:02:20AM ONLY JUST TO SAY IT, AND THAT'S NOT REASON FOR DENIAL.
10:02:27AM I CAN CHEAT ON MY WIFE AND SAY I WAS THINKING ABOUT IT BUT I
10:02:30AM JUST DID IT?
10:02:33AM >>REBECCA KERT: LET ME TAKE A STEP BACK.
10:02:35AM IF THE STATEMENTS WERE NOT RELEVANT TO THE CONSIDERATION FOR
10:02:38AM THE BASIS, WHETHER OR NOT THEY WERE TRUTHFUL ARE NOT ARE
10:02:40AM STILL NOT A BASIS FOR DENIAL.
10:02:43AM HOWEVER, THERE ARE OTHER SANCTIONS THAT CAN BE MADE FOR
10:02:46AM LYING UNDER OATH TO THIS TRIBUNAL.
10:02:49AM COULD BE REFERRED TO THE STATE ATTORNEY'S OFFICE.
10:02:51AM NOT THAT THAT'S HAPPENING HERE, JUST IN A GLOBAL SENSE.
10:02:54AM >>CHARLIE MIRANDA: WHAT I'M SAYING IS I DON'T REMEMBER THAT
10:02:55AM CASE.
10:02:56AM I DON'T REMEMBER WHAT I SAID.
10:02:57AM I DON'T EVEN REMEMBER WHAT ANYBODY ELSE SAID.
10:03:01AM THAT'S WHERE I'M AT.
10:03:05AM >>MIKE SUAREZ: MS. KERT, DON'T MOVE.
10:03:06AM A QUESTION ABOUT, AND THIS GOES TO PARTLY WHAT MR. MIRANDA
10:03:10AM WAS TALKING ABOUT.
10:03:10AM ONE OF THE MEMBERS OF THE PUBLIC MADE A COMMENT ABOUT SOLAR
10:03:17AM PANELS AND MADE A COMMENT ABOUT RIGHTS TO SUNLIGHT.
10:03:21AM NOW, I DON'T KNOW OF ANYTHING THAT SAYS THAT, AND I DON'T
10:03:25AM KNOW IF IT COMES INTO ZONING.
10:03:27AM IS THERE ANYTHING SPECIFICALLY ABOUT THAT?
10:03:31AM BECAUSE I KNOW THAT WE DON'T USUALLY DEAL WITH AIR RIGHTS,
10:03:34AM ONLY WITH LAND RIGHTS, BUT SHE MADE A COMMENT ABOUT THAT.
10:03:38AM SHE'S MAKING A BIG INVESTMENT.
10:03:39AM I'M JUST CURIOUS AS TO IF THERE'S ANYTHING THAT WE HAVE
10:03:43AM PURVIEW ON CONCERNING THAT OR IF THERE IS LEGISLATION OR
10:03:49AM ANYTHING LIKE THAT.
10:03:50AM >>REBECCA KERT: CORRECT, MR. SUAREZ.
10:03:51AM MY UNDERSTANDING OF THE LAW IS CONSISTENT WITH WHAT YOU SAID
10:03:54AM WHICH IS THAT IS NOT WITHIN THE PURVIEW OF CITY COUNCIL.
10:03:56AM I'M ALSO NOT AWARE OF WHETHER OR NOT THERE IS A PRIVATE
10:03:59AM CAUSE OF ACTION.
10:03:59AM I'M NOT GOING TO GIVE ANY LEGAL ADVICE ON THAT.
10:04:02AM THAT WOULD BE A PRIVATE CAUSE OF ACTION AND NOT SOMETHING
10:04:04AM WITHIN THE PURVIEW OF CITY COUNCIL.
10:04:05AM >>MIKE SUAREZ: OKAY, YEAH, I NEVER HEARD OF ANYTHING THAT
10:04:07AM SAYS IF YOU BLOCK MY SUN LIGHT.
10:04:09AM YOU KNOW WHAT I MEAN.
10:04:11AM >>REBECCA KERT: TYPICALLY THERE NEEDS TO BE A SPECIFIC
10:04:13AM EASEMENT RIGHT TO LIGHT, WHICH THERE GENERALLY IS NOT.
10:04:16AM THERE IS NOT A GENERAL EASEMENT RIGHT.
10:04:18AM IT WOULD HAVE TO BE SOMETHING SPECIFIC.
10:04:20AM >>MIKE SUAREZ: I WANT TO CLARIFY THAT BECAUSE THERE'S
10:04:22AM NOTHING THAT I CAN -- MA'AM, I KNOW YOU'RE SHAKING YOUR HEAD
10:04:27AM BACK THERE BUT I HAVE TO TALK TO THE LAWYER ABOUT THIS.
10:04:30AM I CAN'T ASK YOU ANOTHER QUESTION YET.
10:04:32AM IF YOU CAN HANG ON A SECOND.
10:04:34AM SHE IS OPINING.
10:04:35AM IF YOU DON'T MIND, MA'AM, BRING UP WHAT YOU BROUGHT UP.
10:04:38AM WE COULDN'T READ IT IN THE THREE MINUTES YOU HAD.
10:04:40AM IF YOU GIVE IT TO OUR LAWYER BECAUSE I WANT TO MAKE SURE SHE
10:04:43AM CAN ANSWER -- LET HER LOOK AT IT FIRST.
10:04:47AM I WANT TO GET THE LEGAL OPINION ABOUT THIS AS OPPOSED TO
10:04:50AM JUST GUESSING AT IT.
10:04:51AM OKAY?
10:04:52AM HANG ON.
10:04:53AM I WANT HER TO READ IT BECAUSE I WANT HER TO UNDERSTAND IF
10:04:56AM THERE IS ANY KIND OF LEGAL RAMIFICATIONS FOR THIS.
10:04:59AM THAT'S ALL.
10:05:00AM THAT'S WHAT I NEED TO FIND OUT.
10:05:07AM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
10:05:10AM I GENERALLY DON'T LIKE TO GIVE LEGAL ADVICE ON SOMETHING I
10:05:13AM JUST READ FOR 30 SECONDS.
10:05:14AM WITH THAT BEING SAID MY UNDERSTANDING OF THIS IS IT DOES
10:05:17AM TALK ABOUT A POTENTIAL NUISANCE ACTION AND DAMAGES COULD BE
10:05:20AM AWARDED.
10:05:21AM THAT WOULD BE A PRIVATE CAUSE OF ACTION AND NOT SOMETHING
10:05:24AM REGULATED BY CITY COUNCIL.
10:05:25AM >>MIKE SUAREZ: THAT'S WHAT I NEEDED TO FIND OUT.
10:05:27AM MA'AM, I'LL ASK YOU A QUESTION, IF I COULD, WITH THE
10:05:31AM PERMISSION OF COUNCIL.
10:05:32AM SHE DID BRING UP THE INFORMATION.
10:05:33AM I AM CURIOUS ABOUT IT BECAUSE IT'S SOMETHING I NEVER THOUGHT
10:05:36AM ABOUT OR HEARD BEFORE.
10:05:37AM WITH YOUR PERMISSION, CHAIR, MAY I ASK HER TO COME BACK UP?
10:05:40AM THANK YOU.
10:05:40AM IF YOU COULD STEP AWAY FOR A MOMENT.
10:05:44AM >> DARLENE AGAIN.
10:05:45AM IT IS A FLORIDA STATUTE.
10:05:47AM I WANT TO THINK IT'S 714.805 AS OF JULY OF 2018, MIAMI,
10:05:52AM FLORIDA, WAS THE FIRST ONE TO ACTUALLY RECEIVE THE SOLAR
10:05:56AM PANEL.
10:05:56AM THERE IS A FLORIDA STATUTE.
10:05:57AM MY COMPUTER WOULDN'T ALLOW ME TO PUT MY THUMB DRIVE IN TO
10:06:01AM PRINT IT THIS MORNING BECAUSE I DIDN'T WANT TO BE LATE.
10:06:03AM IT IS A FLORIDA STATUTE SAYING IF YOU HAVE A SOLAR PANEL --
10:06:08AM YOU'RE NOT ALLOWED TO BLOCK -- IF YOU'VE BEEN THERE MORE
10:06:12AM THAN 20 YEARS.
10:06:13AM 714 POINT SOMETHING.
10:06:15AM >>MIKE SUAREZ: I'M NOT DOUBTING THAT THERE IS A FLORIDA
10:06:18AM STATUTE OR ANY OF YOUR RESEARCH.
10:06:20AM THE ONLY POINT IN TERMS OF HER LOOKING AT IT, I DON'T KNOW
10:06:24AM THAT THERE'S ANYTHING WE CAN DO FROM WHERE WE'RE AT
10:06:26AM CONCERNING IT IF IT'S ONLY A PRIVATE ACTION OR IF IT DEALS
10:06:30AM WITH LAND USE ISSUES IN THE STATUTE.
10:06:32AM >> IT IS AN EASEMENT LAND USE.
10:06:34AM >>MIKE SUAREZ: SOUNDED TO ME LIKE SHE WAS SAYING IT WOULD
10:06:37AM HAVE TO BE A PRIVATE EASEMENT AGREEMENT.
10:06:38AM I DON'T KNOW THAT.
10:06:39AM YOU'RE SHAKING YOUR HEAD.
10:06:40AM >> I'VE BEEN DOING MY RESEARCH.
10:06:43AM I'M NOT A LAWYER.
10:06:44AM I DO MY RESEARCH AND LOOK THINGS UP.
10:06:47AM >>MIKE SUAREZ: THAT'S I DIDN'T HAVE TO DEPEND ON HER.
10:06:50AM WE HAVE TO MAKE SURE WE GET IT RIGHT.
10:06:52AM WE CAN'T DO THINGS BASED ON ONLY ONE PIECE OF INFORMATION.
10:06:56AM WE ALSO HAVE TO FOLLOW THE LAW.
10:06:58AM THANK YOU FOR BRINGING THAT UP BECAUSE I HAD NOT HEARD ABOUT
10:07:00AM THE STATUTE.
10:07:01AM CHAIR, BECAUSE I THINK THAT HAS A DIFFERENT CONNOTATION.
10:07:07AM MS. KERT, SINCE YOU MADE A COMMENT CONCERNING WHAT
10:07:10AM MR. MIRANDA'S QUESTION WAS, MY QUESTION IS, DO YOU OPINE
10:07:15AM THAT THIS IS SOMETHING THAT RISES TO A DIFFERENT OCCASION IN
10:07:18AM TERMS OF CONTINUANCE SO THAT WE CAN DEAL WITH THE
10:07:23AM INFORMATION PRESENTED TO US WITHIN THIS CONTEXT?
10:07:25AM >>REBECCA KERT: COUNCIL, IF YOU WOULD LIKE TO PROVIDE ME AN
10:07:29AM OPPORTUNITY, HOPEFULLY BEFORE THE END OF THE DAY I CAN SEE
10:07:32AM WHAT CHANGES THERE WERE IN 2018.
10:07:34AM I FEEL LIKE I'M FAMILIAR WITH THE FLORIDA RIGHT TO SOLAR ACT
10:07:37AM BUT I'M HAPPY TO LOOK AT IT AGAIN TO MAKE SURE I'M NOT
10:07:41AM MISSING SOMETHING.
10:07:41AM >>MIKE SUAREZ: I DON'T WANT TO DO SOMETHING THAT THEN WE
10:07:44AM FIND OUT LATER ON WE'RE NOT FOLLOWING WHAT A NEW STATUTE PUT
10:07:48AM ON THE BOOKS.
10:07:50AM THAT'S WHAT GIVES ME A LITTLE MORE CONSTERNATION.
10:07:53AM >>REBECCA KERT: I HOPE TO DO THAT BEFORE THE END OF THE DAY
10:07:55AM SO THE CASE DOESN'T HAVE TO BE CONTINUED.
10:07:57AM >>YVONNE CAPIN: BESIDES THAT, THE SUN, NOT TO DO WITH SOLAR
10:08:01AM PANEL, BUT I HAVE A FRIEND THAT HAS A CONDOMINIUM ON MIAMI
10:08:07AM BEACH.
10:08:08AM AND THE ISSUE THERE IS THEY BUILT SO MANY BUILDINGS SO HIGH,
10:08:13AM PAST 12 NOON, THERE IS NO SUN ON THE BEACH.
10:08:18AM THAT SAYS A LOT.
10:08:19AM BESIDES THAT, I WANT TO LOOK HERE.
10:08:24AM WE HAVE HERE THAT IT WAS INCONSISTENT PARKING AND GREENSPACE
10:08:27AM REDUCTION SITE PLAN MODIFICATIONS.
10:08:31AM THE OTHER THING THAT WAS INCONSISTENT WAS PARKING REDUCTION.
10:08:35AM REALLY?
10:08:35AM JUST LOOKING AT THE DESIGN AND LOOKING AT THE HOUSES AROUND
10:08:44AM THERE, I WAS ABSENT AT THE FIRST READING BUT I DID LOOK AT
10:08:48AM THIS AND I WILL NOT BE SUPPORTING IT.
10:08:52AM I WILL NOT BE SUPPORTING THIS AT ALL.
10:08:56AM >>HARRY COHEN: ACTUALLY, NOW THAT WE'VE TALKED THROUGH IT
10:08:59AM AND WE ARE GOING TO WAIT TO HEAR OUR LEGAL DEPARTMENT, I
10:09:01AM THINK I CAN PASS ON HAVING ANOTHER GO AT IT.
10:09:06AM >>FRANK REDDICK: IT'S MY UNDERSTANDING THAT WE'RE NOT GOING
10:09:08AM TO VOTE ON THIS AT THIS MOMENT UNTIL MS. KERT HAS THE
10:09:12AM OPPORTUNITY TO RESEARCH AND GET BACK.
10:09:15AM ALL RIGHT.
10:09:17AM ANY MORE COMMENTS?
10:09:19AM >>CHARLIE MIRANDA: MOVE TO HOLD, MR. CHAIRMAN, UNTIL WHAT
10:09:21AM YOU JUST SAID, THE ATTORNEY GETS BACK TO US BEFORE WE MAKE A
10:09:25AM DECISION.
10:09:26AM >>MIKE SUAREZ: I'LL SECOND.
10:09:27AM I WANT TO GET A TIME FRAME.
10:09:28AM YOU MEAN BY THE END OF THE MEETING, MS. KERT?
10:09:30AM BECAUSE THEN I THINK WE WOULD HAVE TO GIVE SOME SAY TO THE
10:09:36AM APPLICANT AS TO WHETHER THEY WANT A REGULAR CONTINUANCE.
10:09:40AM >>REBECCA KERT: I'M HOPEFUL I CAN GET BACK TO YOU AT THE END
10:09:43AM OF THE MEETING.
10:09:43AM IF NOT, I'LL LET YOU KNOW THAT SOMETHING HAS DEVELOPED THAT
10:09:47AM CONCERNS ME.
10:09:47AM >>FRANK REDDICK: TO THE APPLICANT, DO YOU WANT TO SAY
10:09:50AM ANYTHING BEFORE WE MOVE FORWARD?
10:09:52AM >> YES.
10:09:54AM THERE HAVE BEEN TWO OTHER PROJECTS BY THE SAME APPLICANT
10:09:56AM THAT HAVE ALREADY BEEN APPROVED AND EXIST IN THIS
10:09:59AM NEIGHBORHOOD.
10:10:00AM I'D TAKE THAT INTO CONSIDERATION WHEN VIEWING THIS
10:10:02AM APPLICATION.
10:10:05AM >>FRANK REDDICK: ALL RIGHT.
10:10:06AM SO WE HAVE A MOTION FROM MR. MIRANDA.
10:10:09AM SECONDED BY MR. SUAREZ.
10:10:10AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:10:11AM OPPOSED?
10:10:12AM OKAY.
10:10:14AM WE GO TO ITEM NUMBER 62.
10:10:26AM >> GOOD MORNING, HAPPY NEW YEAR.
10:10:27AM TRUETT GARDNER, 400 NORTH ASHLEY DRIVE.
10:10:30AM THIS IS OUR SECOND, SECOND READING ON THIS ONE.
10:10:33AM WE WERE LAST IN FRONT OF YOU DECEMBER 6.
10:10:35AM I REPRESENT BANK OF TAMPA, AND WHAT WE HAD NOT THOUGHT
10:10:39AM THROUGH BEFORE WAS KEEPING THE BANK UNDER OPERATION DURING
10:10:43AM CONSTRUCTION.
10:10:44AM SO WHAT WE ASKED FOR AT THE LAST MEETING WAS LEAVE TO INSERT
10:10:47AM SOME NOTES --
10:10:48AM >>FRANK REDDICK: EXCUSE ME FOR A SECOND.
10:10:50AM I DON'T THINK YOU-ALL WANT TO LEAVE.
10:10:55AM WE'RE GOING TO MAKE A DECISION ON THIS BEFORE THE END OF THE
10:10:59AM MEETING.
10:10:59AM UNLESS YOU WANT TO GO GET COOKIES OR SOMETHING LIKE THAT AND
10:11:05AM COME BACK, BUT WE'RE GOING TO VOTE ON THIS BEFORE THE END OF
10:11:08AM THE MEETING.
10:11:09AM I WANTED TO LET YOU ALL KNOW ABOUT THAT.
10:11:11AM SORRY ABOUT THAT.
10:11:12AM >> NOT A PROBLEM AT ALL.
10:11:13AM THAT WAS IT.
10:11:14AM AT THE LAST SECOND READING, WE ASKED FOR LEAVE TO INSERT
10:11:18AM NOTES PERTAINING TO TEMPORARY BANK STRUCTURE DURING
10:11:22AM CONSTRUCTION.
10:11:22AM MR. SUAREZ WANTED ASSURANCES THAT IT WOULD BE REMOVED.
10:11:28AM IT DOES SUNSET.
10:11:29AM WE CAN'T GET C.O. UNTIL THE TEMPORARY BANK IS REMOVED.
10:11:33AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
10:11:36AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM 62.
10:11:39AM >> MOVE TO CLOSE.
10:11:40AM >>FRANK REDDICK: MOTION FROM THERE MIRANDA.
10:11:41AM SECONDED BY MR. MANISCALCO.
10:11:42AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:11:44AM OPPOSED?
10:11:45AM MR. MIRANDA.
10:11:46AM >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
10:11:48AM FILE NUMBER 62.
10:11:50AM FILE REZ 18-76, ORDINANCE BEING PRESENTED FOR SECOND READING
10:11:55AM AND ADOPTION.
10:11:56AM AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF
10:11:58AM 4400, 4438, 4446, 4450, 4452 NORTH ARMENIA AVENUE, IN THE
10:12:04AM CITY OF TAMPA, FLORIDA, MORE PARTICULARLY DESCRIBED IN
10:12:06AM SECTION 1, FROM ZONING DISTRICT CLASSIFICATIONS PD PLANNED
10:12:10AM DEVELOPMENT, TO PD, PLANNED DEVELOPMENT, BANK, BANK,
10:12:14AM DRIVE-IN, OFFICE, BUSINESS AND PROFESSIONAL, STRIP
10:12:18AM COMMERCIAL CENTER WITH CG USES; PROVIDING AN EFFECTIVE DATE.
10:12:21AM >>FRANK REDDICK: MOTION BY MR. MIRANDA.
10:12:22AM SECONDED BY MR. COHEN.
10:12:24AM PLEASE RECORD YOUR VOTE.
10:12:32AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
10:12:36AM >> THANK YOU.
10:12:36AM >>FRANK REDDICK: WE GO TO ITEM NUMBER 63.
10:12:44AM >> COUNCIL MEMBERS, THIS ITEM IS FOR SECOND READING.
10:12:49AM AND WE ASK FOR YOUR APPROVAL.
10:12:50AM >>FRANK REDDICK: PLEASE STATE YOUR NAME.
10:12:53AM >> LEE RICE.
10:12:55AM >>FRANK REDDICK: ANY QUESTIONS FOR THE APPLICANT?
10:12:58AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 63.
10:13:01AM >>CHARLIE MIRANDA: MOVE TO CLOSE.
10:13:03AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
10:13:04AM SECONDED BY MR. MANISCALCO.
10:13:05AM ALL IN FAVOR OF THAT MOTION AYE.
10:13:07AM OPPOSED.
10:13:08AM MR. VIERA.
10:13:12AM >>LUIS VIERA: I HEREBY MOVE AN ORDINANCE BEING PRESENTED FOR
10:13:15AM SECOND READING AND ADOPTION.
10:13:16AM AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF
10:13:18AM 2906 AND 2918 WEST KENNEDY BOULEVARD, 107 BUNGALOW PARK
10:13:23AM AVENUE AND 2901, 2905, AND 2907 WEST CLEVELAND STREET IN THE
10:13:28AM CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN
10:13:30AM SECTION 1, FROM ZONING DISTRICT CLASSIFICATION PD PLANNED
10:13:33AM DEVELOPMENT, CG COMMERCIAL GENERAL AND RM-16 RESIDENTIAL
10:13:37AM MULTIFAMILY TO PD PLANNED DEVELOPMENT, BUSINESS/PROFESSIONAL
10:13:40AM OFFICE, MEDICAL OFFICE, COLLEGE, BUSINESS SCHOOL, VETERINARY
10:13:43AM OFFICE, CLINIC, PHARMACY, RESTAURANT, RETAIL SALES,
10:13:46AM SHOPPER'S GOODS AND SPECIALTY GOODS AND CONVENIENCE, BANK,
10:13:51AM BANK WITH DRIVE-IN, CATERING SHOP AND HOTEL; PROVIDING AN
10:13:57AM EFFECTIVE DATE.
10:13:58AM >>FRANK REDDICK: MOTION FROM MR. VIERA, SECONDED BY
10:14:01AM MR. MIRANDA.
10:14:02AM PLEASE RECORD YOUR VOTE.
10:14:03AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
10:14:05AM >>FRANK REDDICK: ITEM NUMBER 64.
10:14:14AM >> MY NAME IS MARK BENTLEY.
10:14:16AM 401 EAST JACKSON STREET, TAMPA, 33602.
10:14:19AM I REPRESENT THE APPLICANT.
10:14:20AM I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
10:14:23AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
10:14:25AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 64?
10:14:29AM >> MOVE TO CLOSE.
10:14:34AM >> STEVE MICHELINI.
10:14:35AM WE'RE ONE OF THE TENANTS AT CRG IN THIS COMPLEX, AND WE'RE
10:14:43AM SUPPORTING THE PETITION.
10:14:46AM >>FRANK REDDICK: ANYONE ELSE IN THE PUBLIC WISHING TO SPEAK
10:14:48AM ON ITEM 64.
10:14:49AM >> MOVE TO CLOSE.
10:14:50AM >>FRANK REDDICK: MOTION BY MR. SUAREZ.
10:14:51AM SECONDED BY MR. MIRANDA.
10:14:53AM ALL IN FAVOR OF THE MOTION, AYE.
10:14:54AM MR. SUAREZ.
10:14:55AM >>MIKE SUAREZ: THANK YOU, CHAIR, I PRESENT AN ORDINANCE FOR
10:14:58AM SECOND READING AND ADOPTION.
10:14:59AM AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF
10:15:01AM 201 THROUGH 217 SOUTH DALE MABRY HIGHWAY IN THE CITY OF
10:15:06AM TAMPA, FLORIDA AND MORE PARTICULARLY DESCRIBED IN SECTION 1
10:15:09AM FROM ZONING DISTRICT CLASSIFICATION PD, PLANNED DEVELOPMENT,
10:15:13AM RETAIL SALES, SHOPPER'S GOODS AND RESTAURANT, TO PD PLANNED
10:15:17AM DEVELOPMENT, ALL CG USES; PROVIDING AN EFFECTIVE DATE.
10:15:20AM >>FRANK REDDICK: GOT A MOTION FROM MR. SUAREZ.
10:15:23AM SECONDED BY MR. MANISCALCO.
10:15:24AM PLEASE RECORD YOUR VOTE.
10:15:31AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
10:15:32AM >> THANK YOU VERY MUCH.
10:15:33AM HAVE A GOOD MORNING.
10:15:34AM >>FRANK REDDICK: ITEM NUMBER 65.
10:15:43AM >> GOOD MORNING, MR. CHAIRMAN.
10:15:44AM MY NAME IS TOBIN GREEN.
10:15:45AM 400 SOUTH ORLEANS HERE IN HYDE PARK.
10:15:50AM I MADE THE CHANGES TO THE RECOMMENDED CHANGES TO THE PLANS
10:15:53AM AND I'M HERE TO ANSWER ANY QUESTIONS AS I ASK FOR YOUR
10:15:59AM APPROVAL.
10:15:59AM >>FRANK REDDICK: ANYBODY IN THE PUBLIC WISH TO SPEAK ON ITEM
10:16:04AM 65.
10:16:04AM >> MOVE TO CLOSE.
10:16:05AM >>FRANK REDDICK: MOTION BY MR. MIRANDA.
10:16:06AM SECONDED BY MR. SUAREZ.
10:16:08AM ALL IN FAVOR AYE.
10:16:09AM OPPOSED?
10:16:09AM MR. COHEN.
10:16:10AM >>HARRY COHEN: THANK YOU, MR. CHAIR, I MOVE AN ORDINANCE
10:16:13AM BEING PRESENTED FOR SECOND READING AND ADOPTION, AN
10:16:15AM ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 1312
10:16:18AM WEST AZEELE STREET AND 400 SOUTH ORLEANS AVENUE IN THE CITY
10:16:23AM OF TAMPA, FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION 1
10:16:26AM FROM ZONING DISTRICT CLASSIFICATION PD, PLANNED DEVELOPMENT,
10:16:29AM RESIDENTIAL, SINGLE-FAMILY DETACHED, TO PD, PLANNED
10:16:32AM DEVELOPMENT, RESIDENTIAL, SINGLE-FAMILY DETACHED AND SEMI
10:16:35AM DETACHED; PROVIDING AN EFFECTIVE DATE.
10:16:38AM >>FRANK REDDICK: MOTION FROM MR. COHEN.
10:16:39AM SECONDED BY MR. MIRANDA.
10:16:40AM PLEASE RECORD YOUR VOTE.
10:16:46AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
10:16:51AM >>FRANK REDDICK: WE'LL GO TO ITEM NUMBER 66.
10:16:58AM >> GOOD MORNING, COUNCIL.
10:17:00AM STEVE MICHELINI ON BEHALF OF THE PETITIONER, WE RESPECTFULLY
10:17:05AM REQUEST YOUR APPROVAL.
10:17:06AM IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THEM.
10:17:10AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
10:17:11AM ANYONE FROM THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 66.
10:17:14AM >> MOVE TO CLOSE.
10:17:16AM >> SECOND.
10:17:21AM [NO ENCODER]
10:17:28AM [NO ENCODER]
10:17:42AM [NO ENCODER]
10:17:44AM >>FRANK REDDICK: MOTION BY MR. MANISCALCO.
10:17:46AM SECONDED BY MR. MIRANDA.
10:17:48AM PLEASE RECORD YOUR VOTE.
10:17:53AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
10:17:58AM >>FRANK REDDICK: GO TO ITEM 67.
10:17:59AM >> GOOD MORNING, COUNCIL, STEVE MICHELINI HERE ON BEHALF OF
10:18:02AM THE PETITIONER.
10:18:03AM WE RESPECTFULLY REQUEST YOUR APPROVAL.
10:18:05AM I'M HERE TO ANSWER ANY QUESTIONS.
10:18:06AM >>FRANK REDDICK: ANY QUESTIONS FOR THE APPLICANT?
10:18:08AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM 67?
10:18:12AM >> MOVE TO CLOSE.
10:18:13AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MIRANDA, SECONDED
10:18:16AM BY MS. CAPIN.
10:18:17AM ALL IN FAVOR OF THE MOTION SAY AYE.
10:18:19AM OPPOSED?
10:18:19AM MS. CAPIN.
10:18:22AM >>YVONNE CAPIN: THANK YOU, MR. CHAIRMAN.
10:18:24AM I'LL READ ITEM 67, FILE NUMBER REZ 18-105.
10:18:30AM ORDINANCE BEING PRESENTED FOR SECOND READING AND ADOPTION,
10:18:33AM AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF
10:18:35AM 3502 WEST MANGO AVENUE, IN THE CITY OF TAMPA, FLORIDA, MORE
10:18:39AM PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING DISTRICT
10:18:43AM CLASSIFICATIONS RS-60 (RESIDENTIAL, SINGLE-FAMILY) TO RS-50
10:18:48AM (RESIDENTIAL, SINGLE-FAMILY); PROVIDING AN EFFECTIVE DATE.
10:18:50AM >>FRANK REDDICK: MOTION BY MS. CAPIN.
10:18:52AM SECONDED BY MR. MIRANDA.
10:18:54AM PLEASE RECORD YOUR VOTE.
10:18:59AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
10:19:01AM >> THANK YOU, COUNCIL.
10:19:02AM >>FRANK REDDICK: ALL RIGHT.
10:19:02AM ITEM NUMBER 68.
10:19:09AM >> BARBARA LYNCH, LAND DEVELOPMENT COORDINATION.
10:19:11AM THE CITY IS THE APPLICANT ON THIS VACATING REQUEST.
10:19:14AM I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
10:19:17AM >>FRANK REDDICK: MR. COHEN.
10:19:18AM >>HARRY COHEN: THE PERFORMING ARTS CENTER IS IN FAVOR OF
10:19:23AM THIS APPLICATION.
10:19:24AM >>BARBARA LYNCH: YES.
10:19:26AM >>HARRY COHEN: THEY WERE HERE AT THE LAST MEETING TO SAY
10:19:28AM THEY WERE IN FAVOR OF IT.
10:19:29AM BUT THEY ARE VERY CONCERNED BECAUSE THEY HAVE NOT BEEN
10:19:32AM SPOKEN TO ABOUT WHEN THIS WORK IS GOING TO OCCUR, AND IT HAS
10:19:36AM NOT BEEN COORDINATED WITH THEM.
10:19:37AM AND SPECIFICALLY THEY ARE CONCERNED BECAUSE THEY HAVE A
10:19:41AM FEELING, GIVEN WHERE THIS IS GOING, THAT THINGS ARE GOING TO
10:19:44AM START PERHAPS AS EARLY AS MARCH 1st, WHICH IS RIGHT IN THE
10:19:47AM MIDDLE OF WHEN HAMILTON IS HERE.
10:19:50AM THEY HAVE SOMETHING LIKE FIVE OR SIX WEEKS OF SOLD-OUT
10:19:54AM PERFORMANCES.
10:19:55AM AND THAT ANY INITIATION OF TRAFFIC CONSTRUCTION OR TAKING
10:20:00AM DOWN ANY SKY BRIDGES OR ANY OF THE OTHER THINGS THAT MIGHT
10:20:04AM BE CONTEMPLATED COULD BE A REAL COMPLICATION FOR THEM.
10:20:07AM THEY WANTED SPECIFICALLY TO ASK THAT, PARTICULARLY, IT WAS
10:20:12AM LORRIN SHEPARD, THE CHIEF OPERATING OFFICER OF THE STRAZ
10:20:16AM CENTER, SPECIFICALLY ASKED THAT HE BE CONTACTED AND
10:20:23AM COORDINATED WITH AS THIS WORK IS DONE.
10:20:26AM >>BARBARA LYNCH: I WILL MAKE THAT REQUEST TO MR. McDONAUGH
10:20:28AM FOR YOU.
10:20:30AM DO YOU HAVE HIS INFORMATION?
10:20:31AM COULD YOU SEND THAT TO MY OFFICE?
10:20:34AM THANK YOU.
10:20:36AM >>YVONNE CAPIN: I WAS HERE WHEN THEY CAME IN, AND THEY
10:20:39AM TALKED ABOUT HOW THEY DID NOT WANT THE BUILDING ACROSS THE
10:20:43AM STREET AND NEITHER DID I.
10:20:45AM NOW WE'RE DEALING WITH THIS.
10:20:48AM I HOPE THEY ARE INFORMED AS TO WHEN THE PROJECT IS GOING TO
10:20:51AM START AND COORDINATE IT.
10:20:55AM THAT WOULD BE THE MOST POLITE THING THE CITY COULD DO.
10:20:58AM >>BARBARA LYNCH: LIKE I SAID, MR. McDONAUGH WOULD BE THE
10:21:03AM CONCERN TO CONTACT THEM AND I'LL LET THEM KNOW THAT IS THE
10:21:07AM REQUEST.
10:21:08AM >>FRANK REDDICK: ANY OTHER QUESTIONS OR COMMENTS?
10:21:10AM ANYONE FROM THE PUBLIC WISHING TO SPEAK ON ITEM 68?
10:21:13AM >> MOVE TO CLOSE.
10:21:13AM >>FRANK REDDICK: GOT A MOTION FROM MR. MIRANDA.
10:21:15AM SECONDED BY MR. MANISCALCO.
10:21:17AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:21:19AM OPPOSED.
10:21:20AM MR. MIRANDA.
10:21:21AM >>CHARLIE MIRANDA: ITEM NUMBER 68, MR. CHAIRMAN, FILE NUMBER
10:21:24AM VAC 18-24, ORDINANCE BEING PRESENTED FOR SECOND READING AND
10:21:29AM ADOPTION.
10:21:30AM AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND ABANDONING
10:21:33AM A RIGHT-OF-WAY PORTIONS OF CASS STREET AND TYLER STREET
10:21:36AM LOCATED NORTH OF GASPARILLA PLAZA, EAST OF DOYLE CARLTON
10:21:39AM DRIVE, WEST OF ASHLEY DRIVE, SOUTH OF MACINNES PLACE IN
10:21:44AM RIVERFRONT SUBDIVISION EAST, A SUBDIVISION IN THE CITY OF
10:21:49AM TAMPA, HILLSBOROUGH COUNTY, FLORIDA, THE SAME BEING MORE
10:21:52AM FULLY DESCRIBED IN SECTION 1 HEREOF, SUBJECT TO CERTAIN
10:21:55AM EASEMENT RESERVATIONS, COVENANTS, CONDITIONS AND
10:21:58AM RESTRICTIONS AND MORE PARTICULARLY SET FORTH HEREIN;
10:22:00AM PROVIDING AN EFFECTIVE DATE.
10:22:02AM ALONG WITH ALL THE DOCUMENTATION THAT BOTH MS. CAPIN AND
10:22:05AM MR. COHEN SUGGESTED GOING TO MR. McDONAUGH.
10:22:08AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MIRANDA.
10:22:10AM SECONDED BY MR. MANISCALCO.
10:22:12AM PLEASE RECORD YOUR VOTE.
10:22:18AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
10:22:20AM >>FRANK REDDICK: OKAY.
10:22:21AM ITEM NUMBER 69.
10:22:24AM >>BARBARA LYNCH: BARBARA LYNCH, LAND DEVELOPMENT
10:22:26AM COORDINATION.
10:22:28AM I'M HERE TO ANSWER ANY QUESTIONS ON THIS.
10:22:30AM AND THE APPLICANT IS HERE.
10:22:32AM >> GOOD MORNING.
10:22:32AM MY NAME IS RAY HAJIAN.
10:22:36AM I AM OWNER OF 3424 PHILLIPS STREET.
10:22:42AM I'M HERE FOR ANY QUESTIONS THAT COUNCIL MAY HAVE.
10:22:42AM >>FRANK REDDICK: ANYONE FROM COUNCIL?
10:22:44AM ANYONE FROM THE PUBLIC WISHING TO SPEAK TO ITEM 69?
10:22:47AM MOTION BY MR. MIRANDA, SECONDED BY MR. COHEN.
10:22:50AM ALL IN FAVOR, AYE.
10:22:52AM MR. VIERA.
10:22:54AM >>LUIS VIERA: MR. CHAIR, I MOVE AN ORDINANCE BEING PRESENTED
10:22:56AM FOR SECOND READING AND ADOPTION.
10:22:58AM AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND ABANDONING
10:23:01AM A PORTION OF ALLEYWAY RIGHT-OF-WAY LYING SOUTH OF EAST
10:23:07AM 28th AVENUE, NORTH OF EAST 26th AVENUE, EAST OF 51st
10:23:12AM STREET AND WEST OF PHILLIPS STREET, IN GRANT PARK
10:23:14AM SUBDIVISION, A SUBDIVISION IN THE CITY OF TAMPA,
10:23:17AM HILLSBOROUGH COUNTY, FLORIDA, THE SAME BEING MORE FULLY
10:23:19AM DESCRIBED IN SECTION 1 HEREOF, SUBJECT TO CERTAIN COVENANTS,
10:23:23AM CONDITIONS AND RESTRICTIONS MORE PARTICULARLY SET FORTH
10:23:26AM HEREIN; PROVIDING AN EFFECTIVE DATE.
10:23:27AM >>FRANK REDDICK: MOTION BY MR. VIERA.
10:23:30AM SECONDED BY MR. MIRANDA.
10:23:32AM PLEASE RECORD YOUR VOTE.
10:23:38AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
10:23:42AM >>FRANK REDDICK: OKAY.
10:23:44AM WE'LL GO TO STAFF REPORT, IF STAFF IS HERE, BECAUSE IT'S NOT
10:23:48AM 10:30 YET.
10:23:49AM ANYONE HERE FROM THE LEGAL DEPARTMENT FOR ITEM NUMBER 75?
10:24:09AM >> THANK YOU, CITY COUNCIL.
10:24:10AM REBECCA KERT, LEGAL DEPARTMENT.
10:24:11AM I AM HERE ON ITEM 75, WHICH WAS A TWO-PART MOTION DEALING
10:24:15AM WITH THE CITY'S ADOPTED LIST OF DEDICATED PARKS.
10:24:21AM THE FIRST PART OF THE MOTION DEALT WITH HOW THE CITY CODE
10:24:28AM COULD BE CHANGED TO REQUIRE A SUPERMAJORITY OR UNANIMOUS
10:24:30AM VOTE RATHER THAN A SIMPLE MOTION TO AMEND THE LIST OF
10:24:34AM DEDICATED PARKS.
10:24:36AM AND WE REVIEWED STATE LAW IN YOUR CHARTER.
10:24:38AM THAT IS SOMETHING THAT CITY COUNCIL CAN DO.
10:24:39AM IT WILL BE A SIMPLE ORDINANCE CHANGE, IF CITY COUNCIL WANTS
10:24:42AM TO MOVE FORWARD ON THAT.
10:24:44AM I HAVE A VERY SIMPLE CHANGE THAT I WOULD PROPOSE TO YOU.
10:24:51AM IT IS THE LANGUAGE UNDERLINED IN BLUE.
10:24:54AM AND IT BASICALLY JUST REQUIRES THAT THE LIST OF DEDICATED
10:24:58AM PARKS CANNOT BE AMENDED UNLESS IT IS DONE BY A VOTE OF FIVE
10:25:03AM MEMBERS OF CITY COUNCIL.
10:25:04AM THE SUPERMAJORITY TRANSLATES TO FIVE VOTES.
10:25:06AM IT'S SAID SEVERAL WAYS IN YOUR CHARTER AND IN YOUR OTHER
10:25:09AM CODE PROVISION.
10:25:09AM SOMETIMES IT'S TWO-THIRDS.
10:25:10AM SOMETIMES IT'S FIVE-SEVENTHS.
10:25:13AM SOMETIMES IT'S SUPERMAJORITY.
10:25:15AM IT ALL TRANSLATES TO FIVE.
10:25:17AM THIS IS CONSISTENT WITH THE LANGUAGE THAT WAS USED IN THE
10:25:17AM PROPOSED CHARTER AMENDMENT.
10:25:21AM THAT'S WHY I CHOSE THAT PARTICULAR LANGUAGE.
10:25:23AM IF YOU ARE -- IF CITY COUNCIL WOULD LIKE TO MOVE FORWARD
10:25:26AM WITH THIS CHANGE, YOU CAN MAKE A MOTION TO HAVE THE LEGAL
10:25:29AM DEPARTMENT COME BACK, AND WE CAN PRESENT THAT TO YOU AND
10:25:31AM MOVE FORWARD WITH THAT.
10:25:34AM >>MIKE SUAREZ: THANK YOU, CHAIR.
10:25:35AM I APPRECIATE IT.
10:25:36AM HAVING BROUGHT THIS FORWARD, I WANTED TO JUST MAKE SURE WE
10:25:38AM CLEANED UP THE DIFFERENCE BETWEEN WHAT THE REFERENDUM ISSUE
10:25:42AM THAT'S PART OF OUR OTHER ORDINANCE, AND THEN THIS IN TERMS
10:25:45AM OF DESIGNATING PARKS BECAUSE WE HAVE SEEN WHERE AT TIMES
10:25:51AM THERE MAY BE A SITUATION WHERE MAYBE ANOTHER CITY
10:25:56AM ADMINISTRATION, ANOTHER CITY COUNCIL MAY WANT TO DO
10:25:58AM SOMETHING.
10:25:59AM I THINK SHOULD MAKE IT AS HARD AS POSSIBLE TO GET RID OF
10:26:01AM GREENSPACE OR PARKS WITHIN THE CITY OF TAMPA AND NOT MAKE IT
10:26:05AM EASY.
10:26:05AM I WOULD LIKE TO MAKE SURE YOU COME BACK.
10:26:08AM WHEN IS THE SOONEST YOU CAN COME BACK?
10:26:10AM NEXT REGULAR SESSION?
10:26:11AM I'LL MAKE THE MOTION TO HAVE THE LEGAL DEPARTMENT COME BACK
10:26:16AM AT THE NEXT REGULAR SESSION UNDER STAFF REPORTS TO PRESENT
10:26:21AM AN ORDINANCE FOR US TO THEN PASS.
10:26:25AM JANUARY 24th.
10:26:29AM >>FRANK REDDICK: GOT A MOTION.
10:26:30AM >>CHARLIE MIRANDA: THANK THE COUNCIL FOR MR. SUAREZ.
10:26:34AM HOWEVER, THAT IS NOT FOOLPROOF.
10:26:36AM WHOEVER COMES IN AFTER US OR IN THE FUTURE, THEY CAN CHANGE
10:26:38AM IT BACK TO FOUR VOTES I GUESS.
10:26:45AM >>MIKE SUAREZ: THERE'S NO DOUBT ABOUT IT.
10:26:46AM I THINK WHAT'S GREAT ABOUT THE DEMOCRACY PART OF IT, WHICH
10:26:51AM IS THAT SOMEONE WHO MAKES THAT KIND OF MOTION WILL HAVE TO
10:26:55AM COME FORWARD AND SAY I WANT TO CHANGE IT SO I MAKE IT EASY
10:26:59AM TO GET RID OF PARKS, I'D LIKE TO SEE THAT COUNCILMAN -- I
10:27:03AM THINK IT WOULD BE MUCH MORE DIFFICULT.
10:27:07AM >>LUIS VIERA: TO BUILD ON THOSE COMMENTS, AND ALSO THANK,
10:27:08AM OBVIOUSLY, COUNCILMAN SUAREZ FOR BRINGING THIS FORWARD, JUST
10:27:11AM TO BRING OUT THE OBVIOUS WHICH IS FOR THE PEOPLE OUT THERE
10:27:15AM WATCHING THIS WHICH IS WE HAVE SOMETHING CALLED AN ELECTION
10:27:19AM IN A COUPLE OF MONTHS AND MAKE SURE THAT FOR THOSE PEOPLE
10:27:20AM WHO ARE LOOKING TO SERVE IN PUBLIC OFFICE THAT THEY SUPPORT
10:27:23AM THE CONCEPT OF GREENSPACES.
10:27:25AM THAT'S CERTAINLY SOMETHING THAT THIS ORDINANCE REFLECTS, AND
10:27:30AM IT'S PROPER TO DO THAT.
10:27:31AM >>CHARLIE MIRANDA: THIS CAME ABOUT MANY YEARS AGO, IF I
10:27:34AM REMEMBER, BY A PREVIOUS, PREVIOUS, PREVIOUS COUNCIL THAT PUT
10:27:37AM IT IN THIS WAY.
10:27:38AM BECAUSE THERE WAS NO ORDINANCE AT THAT TIME THAT THE COUNCIL
10:27:41AM WOULD PUT THAT IN EFFECT.
10:27:42AM BUT I BELIEVE THAT'S HOW IT WAS DONE.
10:27:47AM WHOEVER WAS IN THE MAYOR'S OFFICE.
10:27:48AM >>MIKE SUAREZ: I THINK PREVIOUS TO THAT IT WAS BEFORE YOU
10:27:52AM GOT ON COUNCIL BACK IN THE '70s BECAUSE THERE WAS A DEAL
10:27:57AM BEING MADE PRIOR TO YOU BEING, '72 --
10:28:01AM >>CHARLIE MIRANDA: WE STARTED THAT AND SOMEBODY ELSE
10:28:02AM FINISHED THAT.
10:28:04AM >>MIKE SUAREZ: EXACTLY.
10:28:04AM WE APPRECIATE THAT.
10:28:05AM CAN I ASK ONE MORE QUESTION, CHAIR?
10:28:08AM MS. KERT, IS THERE ANY OTHER SPECIFIC WAY WE CAN TIE THE TWO
10:28:15AM PIECES, THE REFERENDA TO THIS MORE CLOSELY OR TO MAKE IT
10:28:19AM EVEN MORE DIFFICULT?
10:28:20AM I'M JUST ASKING THE QUESTION.
10:28:21AM I DON'T THINK THERE IS BUT I WANTED YOUR LEGAL OPINION ABOUT
10:28:24AM THAT.
10:28:24AM >>REBECCA KERT: I THINK THAT THE REFERENDUM AND THE LIST OF
10:28:27AM DEDICATED PARKS ARE CLOSELY TIED.
10:28:29AM I THINK THE ISSUE THAT THIS KIND OF TIES UP IS CHANGING THE
10:28:31AM LIST OF DEDICATED PARKS.
10:28:33AM I THINK WHAT I PROPOSED ACCOMPLISHES WHAT CITY COUNCIL
10:28:38AM ASKED.
10:28:39AM >>MIKE SUAREZ: TERRIFIC.
10:28:40AM I WANT TO MAKE SURE IN THE ORDINANCE IT'S NOT NAMING A PARK,
10:28:42AM JUST A DESIGNATION.
10:28:43AM WE DESIGNATE IT AS A PARK OR GREENSPACE, CORRECT?
10:28:46AM >>REBECCA KERT: IT IS AMENDING THE LIST.
10:28:48AM IF YOU WOULD LIKE IT TO BE MORE RESTRICTIVE TO JUST REMOVING
10:28:52AM PARTICULAR PROPERTY OFF THE LIST I CAN CHANGE THE AMENDMENT.
10:28:55AM RIGHT NOW IT'S ANY AMENDMENT.
10:28:56AM >>MIKE SUAREZ: ANY AMENDMENT.
10:28:57AM OKAY.
10:28:57AM I HAVE NO PROBLEM WITH THAT.
10:29:00AM I WANT TO MAKE SURE IT'S VERY SPECIFIC ON IT.
10:29:01AM THANK YOU.
10:29:02AM SORRY, CHAIR.
10:29:04AM >>FRANK REDDICK: LET ME ASK YOU A QUESTION.
10:29:07AM EVEN IF WE ESTABLISH THIS ORDINANCE, COULD THE MAYOR VETO
10:29:15AM THIS?
10:29:15AM >>REBECCA KERT: THIS ORDINANCE WOULD BE LIKE -- LET ME STOP.
10:29:18AM THIS ORDINANCE WOULD TRAVEL LIKE ANY OTHER ORDINANCE.
10:29:21AM SO IT IS SUBJECT TO VETO WHICH IS SUBJECT TO COUNCIL
10:29:25AM OVERRIDE.
10:29:28AM >>CHARLIE MIRANDA: VETO 7-0.
10:29:30AM >>YVONNE CAPIN: EXACTLY.
10:29:31AM [ LAUGHTER ]
10:29:32AM [NO ENCODER]
10:30:06AM [NO ENCODER]
10:30:22AM [NO ENCODER]
10:30:26AM >>FRANK REDDICK: -- BASEBALL FIELD, MOVED TO ANOTHER
10:30:30AM LOCATION.
10:30:31AM HOW WOULD THIS ORDINANCE HELP ESTABLISHING THAT NAME TO THIS
10:30:37AM NEW FIELD?
10:30:38AM >>REBECCA KERT: I DON'T THINK THAT THIS PROPOSED ORDINANCE
10:30:40AM WOULD HAVE ANY CHANGE ON THAT, AND I PARTICULARLY AM NOT
10:30:47AM COMPLETELY UP TO SPEED ON THE YELLOW JACKET.
10:30:50AM IF YOU WANTED AN ADDITIONAL REPORT ON THAT, I THINK THAT
10:30:53AM WOULD BE APPROPRIATE.
10:30:59AM >>CHARLIE MIRANDA: THE FIELD NAMED YELLOW JACKETS.
10:31:02AM THAT PASSED.
10:31:02AM >>MIKE SUAREZ: I BELIEVE IT DID, TOO.
10:31:05AM IF I'M NOT MISTAKEN, BASED ON THIS, THE NAMING ITSELF CAN BE
10:31:09AM CHANGED WITHIN THESE DESIGNATIONS.
10:31:10AM THAT'S WHY I ASKED THE QUESTION A MOMENT AGO TO MAKE SURE IF
10:31:14AM WE NEEDED TO CHANGE IT FOR SOME REASON, WE COULD MAKE SURE
10:31:17AM THEY DO IT.
10:31:18AM >>FRANK REDDICK: THAT WAS THE POINT I WAS TRYING TO GET TO.
10:31:23AM >> JUST TO CLARIFY, FROM BEING HERE BEFORE YOU BEFORE, YOU
10:31:25AM HAD EXPRESSED THE REQUEST FOR THE NAMING OF THE FIELDS THERE
10:31:31AM AT CALVIN TAYLOR PARK.
10:31:33AM THAT IS ALREADY IN PROCESS AT THIS POINT.
10:31:36AM THE TWO FIELDS THAT ARE THERE ARE NOTED AS THE YELLOW
10:31:40AM JACKETS AT THIS TIME.
10:31:41AM AND WE'VE ALSO MADE THE REPRESENTATIVES OF THE YELLOW
10:31:45AM JACKETS AWARE OF THAT AS WELL.
10:31:47AM >>FRANK REDDICK: THANK YOU.
10:31:48AM WE HAVE A MOTION FROM MR. SUAREZ AND SECONDED BY MR. COHEN.
10:31:52AM MR. COHEN.
10:31:55AM >>HARRY COHEN: SECONDED THE SECOND TIME.
10:31:57AM [ LAUGHTER ]
10:31:59AM >>FRANK REDDICK: ALL RIGHT.
10:32:00AM MOTION FROM MR. SUAREZ.
10:32:01AM SECONDED BY MR. MANISCALCO.
10:32:02AM ANY FURTHER DISCUSSION OF THE MOTION?
10:32:04AM ALL OF THOSE IN FAVOR OF THE MOTION SAY AYE.
10:32:06AM THOSE OPPOSED?
10:32:07AM OKAY.
10:32:09AM >>REBECCA KERT: THANK YOU.
10:32:10AM REBECCA KERT, LEGAL DEPARTMENT.
10:32:11AM I'M ALSO HERE ON THE SECOND PART OF THE ITEM WHICH IS HOW
10:32:14AM THE COMPREHENSIVE PLAN CAN OVERALL HELP PROTECT THE
10:32:18AM PARKLANDS AS WELL AND PARTICULARLY HOW WE CAN DESIGNATE THE
10:32:22AM PARKLAND THROUGH THE COMPREHENSIVE PLAN THROUGH THE
10:32:25AM COMPREHENSIVE PLAN CATEGORY.
10:32:27AM SO I HAVE TALKED TO PLANNING STAFF AND THE PLANNING
10:32:29AM COMMISSION AND THE PARKS DEPARTMENT AND EVERYONE IS VERY
10:32:31AM SUPPORTIVE OF MOVING FORWARD WITH THE PROCESS TO MAKE SURE
10:32:34AM ALL OUR PARKS ACTUALLY HAVE A RECREATION OPEN SPACE OR IF
10:32:38AM IT'S MORE APPROPRIATE, A PUBLIC, QUASI-PUBLIC DESIGNATION.
10:32:43AM BUT THE FIRST STEP OF THAT IS TO GET A REPORT BACK TO CITY
10:32:47AM COUNCIL WITH A LIST OF THE DEDICATED PARKS AND WHAT THEIR
10:32:50AM CURRENT DESIGNATIONS ARE THROUGH THE COMPREHENSIVE PLAN.
10:32:55AM IF THERE ARE GIS LEVELS THAT IDENTIFY WHAT THOSE PARKS ARE,
10:32:58AM IF THOSE ARE ALL IN LINE WITH WHAT IS IN REALITY, THAT
10:33:02AM SHOULD BE A PRETTY SIMPLE REPORT.
10:33:03AM THERE MAY BE SOME GLITCHES WHERE WE FIND OUT THAT THE GIS
10:33:07AM LAYER HAS NOT BEEN UPDATED.
10:33:09AM THE FIRST STEP IS GET THE REPORT BACK AND THEN WE CAN EASILY
10:33:12AM IDENTIFY WHICH ONES WE CAN EASILY TAKE CARE OF.
10:33:15AM THERE MAY BE, I'VE BEEN TOLD, SOME THEY NEED TO GIVE MORE
10:33:17AM EXPLANATION ON AND COME BACK AND DO MORE RESEARCH ON.
10:33:20AM I THINK A REPORT BACK IN FEBRUARY WOULD BE THE FIRST STEP TO
10:33:23AM GET THAT PROCESS MOVING.
10:33:28AM >>MIKE SUAREZ: THAT'S TERRIFIC.
10:33:29AM THAT'S BASED ON THE RECOMMENDATION OF MS. CAPIN WHEN WE WERE
10:33:32AM GOING THROUGH THIS LAST TIME.
10:33:34AM IT PROBABLY ISN'T MUCH OF AN ISSUE.
10:33:36AM SOME OF THE DESIGNATED GREENSPACES MAY BE THE ONLY PLACE
10:33:39AM THAT WE MIGHT HAVE AN ISSUE.
10:33:40AM SO THAT'S PROBABLY THE THING TO LOOK MORE CAREFULLY AT.
10:33:44AM >>REBECCA KERT: AND SO I GUESS I WOULD BE LOOKING FOR A
10:33:46AM MOTION FROM CITY COUNCIL TO ASK THE PLANNING DEPARTMENT TO
10:33:49AM WORK WITH THE PLANNING COMMISSION AND THE PARKS DEPARTMENT
10:33:51AM TO COME BACK WITH A REPORT ON THE PARKLAND PROPERTY AND
10:33:55AM THEIR COMPREHENSIVE PLAN DESIGNATIONS.
10:33:57AM I WAS TOLD FEBRUARY WOULD BE A GOOD TIME TO COME BACK WITH
10:34:01AM THE INITIAL REPORT.
10:34:02AM >>MIKE SUAREZ: WHEN IS OUR FIRST MEETING IN FEBRUARY?
10:34:05AM >>YVONNE CAPIN: I MOVE EXACTLY THAT MOTION.
10:34:13AM >> [MICROPHONE NOT ON]
10:34:20AM >>YVONNE CAPIN: WAIT.
10:34:21AM REAL QUICK.
10:34:22AM LET'S MAKE IT THE 7th.
10:34:32AM FEBRUARY 7th.
10:34:36AM >>REBECCA KERT: THANK YOU.
10:34:37AM >>FRANK REDDICK: ALL RIGHT.
10:34:38AM WHAT'S YOUR MOTION?
10:34:41AM >> WHAT SHE SAID.
10:34:42AM >>YVONNE CAPIN: EXACTLY WHAT OUR ATTORNEY JUST SAID.
10:34:44AM IF IT'S RECORDED, THAT'S IT.
10:34:48AM THAT'S THE MOTION.
10:34:49AM >>FRANK REDDICK: MOTION BY MS. CAPIN.
10:34:50AM WHO IS IT SECONDED BY?
10:34:52AM MR. MIRANDA.
10:34:54AM OKAY.
10:34:54AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:34:56AM OKAY.
10:35:01AM >>MIKE SUAREZ: MOVE TO OPEN ITEMS 70 THROUGH 73.
10:35:05AM >>FRANK REDDICK: BEFORE WE DO THAT, I'LL GO TO 77 --
10:35:11AM >> MOTION TO APPROVE.
10:35:12AM >>FRANK REDDICK: MS. FOXX-KNOWLES, 77?
10:35:24AM >>SHIRLEY FOXX-KNOWLES: GOOD MORNING, COUNCIL.
10:35:27AM SHIRLEY FOXX-KNOWLES, CITY CLERK.
10:35:29AM YOU HAVE BEFORE YOU THE TENTATIVE COUNCIL CALENDAR GOING
10:35:32AM FROM TODAY'S DATE, JANUARY 10th, 2019, TO APRIL 20th,
10:35:39AM 2020.
10:35:43AM I BELIEVE YOU'VE HAD THE OPPORTUNITY TO REVIEW.
10:35:45AM >> MOVE APPROVAL.
10:35:46AM >> SECOND.
10:35:46AM >>FRANK REDDICK: GOT A MOTION FROM MR. COHEN.
10:35:48AM SECONDED BY MR. MIRANDA.
10:35:49AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:35:51AM OPPOSED?
10:35:53AM >>SHIRLEY FOXX-KNOWLES: THANK YOU.
10:35:58AM >>FRANK REDDICK: WE GO TO 10:30s.
10:36:01AM >>MIKE SUAREZ: MOVE TO OPEN ITEMS 70 THROUGH 73.
10:36:04AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. SUAREZ.
10:36:07AM SECONDED BY MR. MANISCALCO.
10:36:09AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:36:10AM ALL RIGHT.
10:36:12AM ANYONE GOING TO SPEAK ON 71 THROUGH 73, PLEASE STAND AND BE
10:36:17AM SWORN IN.
10:36:20AM [OATH ADMINISTERED]
10:36:25AM >>FRANK REDDICK: ALL RIGHT.
10:36:26AM ITEM NUMBER 70.
10:36:28AM >> GOOD MORNING, AGAIN, COUNCIL.
10:36:30AM LaCHONE DOCK, PLANNING AND URBAN DESIGN.
10:36:32AM ITEM NUMBER 70 IS ANOTHER PRIVATELY INITIATED AMENDMENT.
10:36:36AM THIS IS ALSO A PART OF THE JULY 2018 AMENDMENT CYCLE.
10:36:39AM THIS REQUEST PROPOSES TWO CHANGES TO CHAPTER 27.
10:36:44AM ONE IS 27-43, THE DEFINITIONS SECTION.
10:36:47AM THE OTHER CHANGE, 27-184, TABLE 184 WHICH IS THE TABLE OF
10:36:52AM PERMITTED USES AND PARKING REQUIREMENTS.
10:36:55AM SO THIS ADDS THE DEFINITION OF A DWELLING STUDIO, AND IT
10:37:00AM ALSO ADDS IT AS A PERMITTED USE AT A .5 PER UNIT PARKING
10:37:05AM RATIO.
10:37:05AM I'M AVAILABLE IF YOU ANY QUESTIONS.
10:37:07AM AGAIN, THIS IS BEFORE YOU FOR SECOND READING.
10:37:09AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
10:37:11AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 70?
10:37:19AM >> BRICKLEMYER REPRESENTING THE APPLICANT.
10:37:21AM AVAILABLE FOR QUESTIONS.
10:37:24AM >>FRANK REDDICK: ANY QUESTIONS FOR THE APPLICANT?
10:37:26AM ANYONE ELSE IN THE PUBLIC WISHING TO SPEAK ON ITEM 70?
10:37:30AM >> MOVE TO CLOSE.
10:37:30AM >> MOTION FROM MR. COHEN, SECONDED BY MR. MIRANDA.
10:37:33AM ALL IN FAVOR OF THE MOTION SAY AYE.
10:37:34AM OPPOSED?
10:37:35AM MR. VIERA, WOULD YOU DO NUMBER 70?
10:37:39AM >>LUIS VIERA: YES, SIR, MR. CHAIR.
10:37:41AM I MOVE AN ORDINANCE BEING PRESENTED FOR SECOND READING AND
10:37:44AM ADOPTION.
10:37:44AM AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO
10:37:47AM DWELLING UNITS AND ASSOCIATED PARKING RATIOS IN THE CENTRAL
10:37:49AM BUSINESS DISTRICT, MAKING REVISIONS TO CITY OF TAMPA CODE OF
10:37:53AM ORDINANCES, CHAPTER 27 (ZONING AND LAND DEVELOPMENT);
10:37:57AM AMENDING SECTION 27-43, DEFINITIONS; AMENDING SECTION
10:38:01AM 27-184, OFFICIAL SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY,
10:38:05AM AND SPECIAL USES; REQUIRED OFF-STREET PARKING RATIOS BY USE;
10:38:11AM REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
10:38:14AM THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
10:38:18AM EFFECTIVE DATE.
10:38:19AM >>FRANK REDDICK: GOT A MOTION BY MR. VIERA.
10:38:22AM SECONDED BY MR. SUAREZ.
10:38:24AM PLEASE RECORD YOUR VOTE.
10:38:30AM >>THE CLERK: MOTION CARRIED WITH CAPIN BEING ABSENT AT VOTE.
10:38:34AM >>FRANK REDDICK: NUMBER 71.
10:38:37AM >>BARBARA LYNCH: BARBARA LYNCH, LAND DEVELOPMENT
10:38:38AM COORDINATION.
10:38:40AM VAC 19-01 IS A REQUEST TO VACATE A PORTION OF AN ALLEY IN
10:38:44AM EAST TAMPA.
10:38:45AM I HAVE A MAP FOR THE OVERHEAD SHOWING THE LOCATION.
10:38:48AM THE ALLEY LIES SOUTH OF 7th, NORTH OF 8th AND RUNS
10:38:59AM BETWEEN 35th AND 36th STREETS.
10:39:02AM IT'S UNIMPROVED.
10:39:04AM AND IT WAS BLOCKED BY A FENCE AT THE TIME.
10:39:07AM THEY'VE REMOVED THE FENCE.
10:39:08AM COULDN'T GET A PICTURE OF THE ALLEY BUT IT WASN'T USED BY
10:39:15AM THE PUBLIC.
10:39:15AM THIS IS A PHOTO OF THE APPLICANT'S PROPERTY.
10:39:17AM THEY ARE CORNER OF 8th AND 36th.
10:39:20AM WE HAVE NO OBJECTION TO THIS REQUEST.
10:39:23AM THERE IS A REQUEST FOR EASEMENT OVER THE NORTH 30 FEET FROM
10:39:28AM TECO AND SPECTRUM.
10:39:33AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
10:39:35AM ALL RIGHT.
10:39:37AM IS THE APPLICANT HERE?
10:39:42AM >>BARBARA LYNCH: TO BE HONEST, I'M NOT SURE BECAUSE I NEVER
10:39:45AM MET THEM.
10:39:54AM >> HI.
10:39:55AM I'M ROBERT ROCKLAND.
10:39:57AM I AM THE OWNER OF THE PROPERTY.
10:39:58AM OWNER OF THE TRUST THAT OWNS THE PROPERTY.
10:40:00AM I'M NOT SURE -- I'VE NEVER DONE THIS BEFORE, FORGIVE MY
10:40:07AM IGNORANCE.
10:40:08AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
10:40:10AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 71?
10:40:14AM >> MOVE TO CLOSE.
10:40:15AM >>FRANK REDDICK: WE'VE GOT A MOTION FROM MR. MANISCALCO.
10:40:17AM SECONDED BY MR. MIRANDA.
10:40:18AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:40:20AM ANY OPPOSED?
10:40:21AM MR. MIRANDA.
10:40:22AM TAKE 71.
10:40:24AM >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
10:40:26AM MOVE ITEM 71, FILE VAC 19-01, AN ORDINANCE BEING PRESENTED
10:40:31AM FOR FIRST READING AND CONSIDERATION, ORDINANCE VACATING,
10:40:35AM CLOSING, DISCONTINUING AND ABANDONING A PORTION OF ALLEYWAY,
10:40:37AM RIGHT-OF-WAY LYING SOUTH OF 8th AVENUE, NORTH OF 7th
10:40:40AM AVENUE, EAST OF 35th STREET AND WEST OF 36th STREET IN
10:40:44AM REVISED MAP OF EAST BAY ADDITION, A SUBDIVISION IN THE CITY
10:40:48AM OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA, THE SAME BEING MORE
10:40:51AM FULLY DESCRIBED IN SECTION 1, HEREOF, SUBJECT TO CERTAIN
10:40:54AM EASEMENT RESERVATIONS, COVENANTS, CONDITIONS, AND
10:40:56AM RESTRICTIONS, MORE PARTICULARLY SET FORTH HEREIN, PROVIDING
10:40:59AM AN EFFECTIVE DATE.
10:41:00AM >>FRANK REDDICK: MOTION BY MR. MIRANDA.
10:41:02AM SECONDED BY MR. MANISCALCO.
10:41:03AM PLEASE RECORD YOUR VOTE.
10:41:04AM >>CHARLIE MIRANDA: NO, IT IS FIRST READING.
10:41:06AM >>FRANK REDDICK: ALL IN FAVOR OF THAT MOTION SAY AYE.
10:41:07AM OPPOSED?
10:41:08AM >>THE CLERK: MR. CHAIR, MOTION CARRIED WITH CAPIN BEING
10:41:11AM ABSENT AT VOTE.
10:41:12AM SECOND READING AND ADOPTION WILL BE ON FEBRUARY 7th 2019
10:41:16AM AT 9:30 A.M.
10:41:18AM >>FRANK REDDICK: ALL RIGHT.
10:41:19AM WE GO TO ITEM NUMBER 72.
10:41:31AM >>KRISTIN MORA: KRISTIN MORA, LEGAL DEPARTMENT.
10:41:35AM THIS IS AN APPEAL OF A VARIANCE REVIEW BOARD DECISION.
10:41:39AM THIS IS A DE NOVO REVIEW.
10:41:40AM YOU CAN RECEIVE NEW EVIDENCE.
10:41:44AM MR. JOEL SOUSA IS HERE IN ORDER TO GO OVER THE DECISION OF
10:41:50AM THE VRB AND THE SPECIFICS OF THE CASE.
10:41:53AM I'M PROVIDING TO YOU THE STANDARD PROCEDURES AS WELL AS ON
10:41:57AM THE LAST PAGE THERE IS SECTION 2780 OF OUR CODE WHICH ARE
10:42:02AM THE CRITERIA FOR VARIANCES THAT ARE GRANTED WITHIN THE CITY.
10:42:06AM I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
10:42:07AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
10:42:13AM >>MARTIN SHELBY: HAVE THERE BEEN ANY EX PARTE WRITTEN
10:42:16AM COMMUNICATIONS THAT HAVE BEEN AVAILABLE FOR PUBLIC
10:42:18AM INSPECTION?
10:42:19AM ARE YOU AWARE OF ANY.
10:42:20AM >>THE CLERK: [INAUDIBLE]
10:42:22AM >>MARTIN SHELBY: THAT SAID, JUST A REMINDER, COUNCIL, THAT
10:42:24AM THE ORDER OF BUSINESS IS IN FRONT OF YOU.
10:42:27AM AND TO THE PUBLIC, IF ANY SPEAKERS ARE SPEAKING AT THE
10:42:29AM DIRECTION OF THE PARTY, COUNCIL RULES REQUIRE THAT YOU
10:42:33AM DISCLOSE THAT WHEN YOU COME UP TO SPEAK.
10:42:35AM THANK YOU.
10:42:38AM >> JOEL SOUSA, LAND DEVELOPMENT.
10:42:40AM IN SEPTEMBER OF '18, THE APPLICANT CAME BEFORE THE VRB TO
10:42:45AM REDUCE THE FRONT YARD SETBACK FROM 25 FEET TO 20 FEET TO
10:42:49AM REDUCE THE SIDE YARD SETBACK FROM 7 FEET TO 3 FEET, TO
10:42:52AM REDUCE THE REAR YARD SETBACK FROM 14 TO 13 FEET, WITH
10:42:56AM ALLOWED ENCROACHMENT FOR EAVES AND GUTTERS.
10:43:02AM RS-60, RESIDENTIAL SINGLE-FAMILY.
10:43:02AM THE VARIANCE REVIEW BOARD APPROVED THE REQUEST, 5-2 VOTE
10:43:06AM WITH CONDITION THAT A ONE-STORY ADDITION IN THE REAR OF THE
10:43:10AM PROPERTY IS TO BE MAINTAINED AND IS VESTED ALONG THE RIVER
10:43:13AM LOT LINE.
10:43:14AM LET ME GIVE YOU A LITTLE STORY ABOUT THIS AND SHOW YOU WHERE
10:43:21AM IT IS.
10:43:21AM THIS IS A LARGE PARCEL OVER IN SOUTH TAMPA ON THE SOUTH SIDE
10:43:28AM ON BAY TO BAY GOING SOUTH TO MACDILL AIR FORCE BASE.
10:43:32AM SOUTH OF GANDY.
10:43:34AM THIS IS THE SUBJECT PARCEL.
10:43:35AM MOST OF THE AREA IS ZONED SINGLE-FAMILY RESIDENTIAL.
10:43:41AM THIS IS THE SITE PLAN THAT WAS PROPOSED AT THE HEARING DATE.
10:43:48AM THIS PROPERTY BACK IN 2014 HAD OBTAINED A VARIANCE FOR A
10:43:53AM REAR YARD SETBACK FROM 20 FEET TO 13 FOR THIS STRUCTURE BACK
10:43:59AM HERE.
10:44:00AM THIS IS THE FRONT.
10:44:02AM THIS STRUCTURE WENT THROUGH THE VARIANCE REVIEW BOARD.
10:44:07AM IT WENT FROM 20 TO 13 FOR THE STRUCTURE YOU SEE NOW.
10:44:10AM THE PROBLEM WAS, ONCE THEY RESOLD THE PROPERTY, THEY DID A
10:44:16AM SURVEY, AND IT ENCROACHED A FEW INCHES INTO THE 13-FOOT.
10:44:20AM THEY CAME BACK IN OCTOBER TO VEST THIS AS IT SITS.
10:44:27AM ADD A SECOND FLOOR AND COME IN AND DO THIS ADDITION OVER
10:44:31AM HERE.
10:44:31AM SO THIS IS THE FRONT OF THE LOT.
10:44:34AM FRONT AND SIDE YARD SETBACK REQUEST.
10:44:36AM FROM THE 13 TO 14 WAS TO VEST THIS NODULE BACK HERE ALREADY
10:44:40AM BUILT BUT BY SURVEY WAS CLOSER THAN PREVIOUSLY APPROVED.
10:44:45AM IN ADDITION, THEY WANTED TO PUT A SECOND STORY ON HERE.
10:44:48AM APPROVE THE REQUEST ON THE LARGELY TREED LOT WITH THE
10:44:52AM CONDITION THAT THESE REMAIN ONE-STORY STRUCTURES.
10:44:55AM THIS IS THE PICTURE OF THE HOUSE AS IT SITS IF YOU'RE
10:45:07AM LOOKING FROM BAYSHORE.
10:45:08AM STAFF IS HERE IF YOU HAVE FURTHER QUESTIONS.
10:45:15AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
10:45:18AM THE APPLICANT?
10:45:24AM >> GOOD MORNING COUNCIL.
10:45:25AM SUSAN JOHNSON-VELEZ, 607 WEST BAY STREET ON BEHALF OF THE
10:45:30AM PROPERTY OWNER ALEX ENGLISH.
10:45:32AM I WOULD LIKE TO DISPENSE WITH THE PRELIMINARIES AND SUBMIT
10:45:36AM OUR DVD OF THE VRB HEARING.
10:45:39AM MR. ENGLISH AND HIS WIFE AND THEIR FIVE CHILDREN RESIDE AT
10:45:46AM THIS HOME AT 5816 BAYSHORE BOULEVARD.
10:45:49AM IT HAS RS 60 ZONING.
10:45:52AM THE LOT ITSELF IS 120 BY 128 FEET.
10:45:56AM THE CURRENT STRUCTURE IS 5,023 SQUARE FEET AND THE REAL CRUX
10:46:03AM OF OUR APPEAL PETITION RELATES TO THAT BACK CORNER.
10:46:06AM I'LL PUT UP SOME MAPS IN A MINUTE JUST TO ORIENT YOU.
10:46:10AM THIS IS A VIEW.
10:46:15AM THE BLUE IS THE SUBJECT PARCEL.
10:46:18AM HIS LOT IS SITUATED SO THAT THE REAR LOT HERE, YOU CAN SEE
10:46:24AM THIS LONG -- THE LONG LOT HERE IN RED IS ACTUALLY ONE
10:46:29AM RESIDENTIAL LOT.
10:46:31AM SO THE HOME IS ORIENTED TOWARD SHELL POINT ROAD.
10:46:33AM SO MR. ENGLISH'S REAR YARD HERE AND THE SIDE YARD OF THIS
10:46:39AM HOME COINCIDE.
10:46:40AM SO IT'S A LITTLE BIT OF A UNIQUE CONFIGURATION THAN WHAT YOU
10:46:46AM TYPICALLY HAVE IN A NEIGHBORHOOD.
10:46:47AM AS JOEL SAID, THE PROPERTY HAS SEVERAL UNIQUE FEATURES.
10:46:50AM IT'S ONE OF THE LARGER-SIZED LOTS IN THE AREA.
10:46:55AM IT IS ONE OF THE MOST OAK TREE AND CANOPY RICH PROPERTIES IN
10:46:58AM THE AREA.
10:46:58AM IT'S GOT A LARGER RIGHT-OF-WAY AND FRONT YARD SETBACK
10:47:02AM DISTANCE FROM THE STREET THAN TYPICAL LOTS IN THE AREA.
10:47:05AM THIS IS BAYSHORE BOULEVARD, JUST TO ORIENT YOU.
10:47:08AM I OUTLINED IN RED THE CURRENT STRUCTURE, AND ALSO SHADED IN
10:47:13AM IN GREEN, ALL THE TREES THAT ARE ON THE PROPERTY, AND
10:47:17AM THERE'S NINE THAT ARE SHADED IN GREEN.
10:47:20AM TENTH ONE THAT SITS HERE THAT'S ACTUALLY LEANING ON AND
10:47:25AM CAUSING A HAZARD TO THE HOME NEXT DOOR.
10:47:27AM THAT HAS BEEN APPROVED FOR REMOVAL AS PART OF THE VARIANCE
10:47:31AM APPLICATION AND WHERE SOME OF THE NEW CONSTRUCTION IS
10:47:33AM PROPOSED TO GO.
10:47:34AM THAT IS THE TENTH ONE THAT WILL BE REMOVED, BUT THAT'S DUE
10:47:38AM TO THE HAZARD TO THE NEXT-DOOR NEIGHBOR'S PROPERTY.
10:47:41AM I'M GOING TO SHOW YOU A FEW PICTURES ALSO OF THE TREES THAT
10:47:51AM WE'RE TALKING ABOUT.
10:47:53AM THIS PICTURE SHOWS THE TREE IN THE BACK.
10:47:58AM THIS IS THE ONE THAT WAS KIND OF -- YOU CAN TELL ON THE
10:48:03AM PROPERTY.
10:48:04AM ALREADY SIGNIFICANT STEPS TAKEN TO PRESERVE THE TREE WITH
10:48:07AM THE EXISTING DEVELOPMENT ON THE PROPERTY.
10:48:09AM YOU CAN SEE CONSTRUCTED AROUND IT AND THE EXISTING HOUSE
10:48:12AM CONSTRUCTED AROUND THAT TREE TO PROTECT IT AND REALLY
10:48:15AM PRESERVE IT ON THIS PROPERTY.
10:48:17AM THERE'S ANOTHER PICTURE OF THE TREE AS WELL.
10:48:26AM THIS IS A PICTURE OF THE FRONT OF THE PROPERTY WHERE THERE
10:48:31AM ARE TWO SIGNIFICANT TREES AS WELL.
10:48:33AM I WISH I HAD A PICTURE OF THE SHADED AREA THAT THIS PROVIDES
10:48:37AM ON THE BALANCE OF THE PROPERTY.
10:48:38AM BUT THESE TREES HERE ALSO SIGNIFICANTLY IMPACT AND RESTRICT
10:48:44AM THE ABILITY TO EXPAND THE SQUARE FOOTAGE ON THE HOUSE.
10:48:48AM YOU CAN SEE THE CANOPY ON THAT TREE IS QUITE LARGE AS WELL
10:48:51AM IN THE REAR.
10:48:52AM AND SO THOSE TWO REALLY CAUSE THE HARDSHIP.
10:49:02AM I'LL PUT THE SITE PLAN BACK UP.
10:49:04AM YOU CAN SEE THAT THE HOME ONLY TAKES UP, EVEN AT ITS
10:49:08AM FARTHEST POINT, ABOUT HALF OF THE LOT.
10:49:11AM SO THERE'S NO REQUEST TO EXPAND THE EXISTING FOOTPRINT AS
10:49:15AM PART OF THIS REQUEST.
10:49:19AM CERTAINLY, IF YOU GO OUT THIS WAY, THAT WOULD REQUIRE SOME
10:49:22AM SORT OF IMPACT TO THIS TREE, AND IF YOU ARE TO EXTEND OFF
10:49:25AM THE FRONT OF THE HOUSE, IT WOULD REQUIRE IMPACT TO THESE
10:49:28AM TREES.
10:49:28AM THE PROPERTY OWNERS ARE COMMITTED, CERTAINLY, TO PRESERVING
10:49:31AM THE TREES, AND THAT'S WHY THEY SOUGHT THE VARIANCE TO TRY TO
10:49:35AM FIND AREAS WHERE THEY COULD REASONABLY HAVE AN OPPORTUNITY
10:49:40AM TO EXPAND THE SQUARE FOOTAGE IN THEIR HOME AND PROVIDE THEM
10:49:43AM SOME NEEDED SPACE WITHOUT IMPACTING THE TREES.
10:49:47AM AND SO THE VRB CLEARLY FOUND THAT ALL THE CRITERIA TO
10:49:52AM JUSTIFY THE HARDSHIP WERE MET BASED ON THEIR GRANTING OF THE
10:49:56AM VARIANCE.
10:49:57AM IT'S JUST AGAIN THE CONDITION.
10:50:03AM WITH RESPECT TO JUST THIS AREA HERE.
10:50:05AM THIS IS PROPOSED TO BE A WOOD DECK.
10:50:07AM THAT WILL ALWAYS REMAIN ONE STORY.
10:50:11AM BUT THIS AREA HERE IS ALREADY A COVERED LANAI AREA.
10:50:14AM THE PROPOSAL IS THAT WOULD BE ENCLOSED INTO AIR CONDITIONED
10:50:20AM SPACE AND A SECOND AREA ADDED ON TOP OF THE COVERED LANAI
10:50:24AM AREA.
10:50:24AM I THINK THERE WAS A PICTURE THAT JOEL SHOWED YOU WHERE THERE
10:50:28AM WAS A CONDITION THAT THESE TWO SHADED AREAS REMAIN ONE
10:50:31AM STORY.
10:50:31AM AND THIS IS THE AREA THAT WE WOULD LIKE TO -- WE'RE
10:50:34AM APPEALING THAT CONDITION THAT THIS AREA REMAIN ONE STORY
10:50:37AM BECAUSE IT'S REALLY THE ONLY AREA WHERE YOU COULD ADD ON TO
10:50:41AM THE HOUSE REASONABLY WITHOUT IMPACTING THESE TREES.
10:50:44AM THIS IS A SIDE VIEW -- THIS IS A CURRENT LANAI AREA.
10:50:51AM AND YOU CAN SEE THAT NOTCH.
10:50:53AM IT WOULD BE FILLING IN THIS SPACE HERE.
10:50:55AM THERE'S ANOTHER VIEW FROM SHELL POINT ROAD.
10:51:06AM SO YOU'RE LOOKING NORTH ONTO THE PROPERTY.
10:51:09AM THIS IS THE SIDE VIEW OF THE CURRENT LANAI AREA.
10:51:12AM AGAIN, JUST THIS LITTLE POCKET HERE THAT WE'RE SEEKING TO
10:51:16AM ADD A SECOND STORY TO GIVE THEM MUCH-NEEDED SQUARE FOOTAGE.
10:51:20AM HERE'S A COPY OF THE ELEVATION DRAWINGS THAT WERE SHOWN TO
10:51:23AM THE VRB.
10:51:25AM AGAIN, THIS IS THE ELEVATION OF THE CURRENT HOME.
10:51:28AM HERE IS THE LANAI AREA.
10:51:30AM IT'S REALLY ONE AND A HALF STORIES, EVEN AS IT SITS, BASED
10:51:33AM ON WHERE THE ROOFLINE GOES.
10:51:35AM YOU CAN SEE THAT IT CUTS QUITE A BIT INTO THAT SECOND STORY
10:51:37AM THAT'S ADJACENT TO IT.
10:51:40AM AND THIS IS AGAIN THAT POCKET THAT WE'RE JUST SEEKING TO
10:51:43AM FILL IN TO GET THAT SQUARE FOOTAGE OF LIVABLE SPACE.
10:51:46AM THIS IS THE ELEVATION AFTER CONSTRUCTION, AND THIS WOULD BE
10:51:51AM THE SIDE ELEVATION AFTER CONSTRUCTION.
10:51:54AM AGAIN, WE WILL NOT BE EXPANDING THE OUTSIDE OF THE EXISTING
10:52:07AM BUILDING FOOTPRINT AT ALL.
10:52:08AM WE'RE NOT EXPANDING ANY CLOSER TO ANY ADJACENT PROPERTY
10:52:13AM LINES IN EITHER DIRECTION, AND WE'RE NOT INCREASING THE
10:52:16AM MAXIMUM HEIGHT OF THE HOME.
10:52:17AM IT'S ALREADY A TWO-STORY HOME.
10:52:23AM THE VRB -- WELL, I'VE GOT ONE MORE PICTURE I'D LIKE TO SHOW
10:52:28AM YOU.
10:52:28AM THAT SHOWS THE ROOFLINE OF THE EXISTING STRUCTURE AND WHAT
10:52:34AM WILL BE ENCLOSED.
10:52:35AM WE BELIEVE THAT THE CONDITION THAT WAS PLACED AT THE BACK
10:52:50AM CORNER REMAIN ONE STORY WAS BASED ON THE COMMENTS FROM THE
10:52:55AM ADJACENT PROPERTY OWNER TO THE REAR OF MR. ENGLISH.
10:53:00AM IF YOU RECALL ON THE ELEVATION, THERE WAS A HALF-MOON WINDOW
10:53:24AM THAT WAS IN THE BACK HERE, RIGHT ABOUT HERE ON THE SECOND
10:53:31AM STORY.
10:53:32AM THESE WERE PICTURES THAT WERE TAKEN FROM THAT HALF --
10:53:39AM [NO ENCODER]
10:54:05AM [NO ENCODER]
10:54:07AM >> -- YOU CAN SEE THE ROOFLINE THERE OF THE EXISTING LANAI
10:54:10AM AREA.
10:54:10AM THIS PROPERTY AGAIN, AS I SAID, THIS IS THE SIDE YARD OF THE
10:54:15AM ADJACENT HOME, SO YOU CAN SEE HOW CLOSE.
10:54:17AM THIS IS ONLY SEVEN FEET OFF OF THEIR COMMON PROPERTY
10:54:21AM BOUNDARY, WHEREAS OUR PROPERTY IS GOING TO REMAIN, WELL, NOW
10:54:25AM 13 FEET TO COMPENSATE FOR THE AS-BUILT.
10:54:29AM THERE'S ALSO ANOTHER PICTURE OF THE GARAGE.
10:54:32AM THE GARAGE ON THE ADJACENT PROPERTY.
10:54:35AM THIS IS A PHOTO THAT'S TAKEN FROM THE CORNER OF THE ADJACENT
10:54:40AM PROPERTY LOOKING BACK TOWARDS MR. ENGLISH'S PROPERTY.
10:54:43AM YOU CAN JUST BARELY SEE HIS HOME HERE FROM BEHIND THE
10:54:47AM VEGETATION THERE.
10:54:50AM HERE AGAIN IS ALSO A SIDE YARD VIEW OF THE HOME ON THE OTHER
10:55:02AM SIDE OF THAT ADJACENT PROPERTY.
10:55:03AM YOU CAN SEE THAT THIS IS THEIR SIDE YARD AS WELL.
10:55:06AM HERE IS A HOME A LITTLE CLOSER, HALF THE DISTANCE OF WHAT
10:55:11AM WE'RE PROPOSING.
10:55:12AM AGAIN, THIS VARIANCE IS REALLY ROOTED IN TRYING TO PRESERVE
10:55:20AM THE TREES.
10:55:20AM I KNOW YOU ALL HAVE HAD JUST RECENTLY THE STATE OF THE URBAN
10:55:25AM FOREST BRIEFING AND THAT YOU ARE WORKING ON REVISIONS TO THE
10:55:30AM LAND DEVELOPMENT CODE THAT WOULD ALLOW FOR SITUATIONS REALLY
10:55:35AM JUST LIKE THIS.
10:55:37AM I THINK THIS IS A POSTER CHILD FOR THE VERY TYPES OF THINGS
10:55:42AM YOU'RE TRYING TO ENCOURAGE.
10:55:43AM WHAT WE'RE REQUESTING IS CONSISTENT WITH CHAPTER 13 OF THE
10:55:45AM LAND DEVELOPMENT CODE, THE VARIOUS POLICIES OF THE TAMPA
10:55:50AM COMPREHENSIVE PLAN THAT ALLOW FOR -- OR ENCOURAGE TREE
10:55:55AM PRESERVATION.
10:55:56AM I'D LIKE TO ALSO, AS PART OF YOUR BRIEFING, I KNOW YOU
10:56:04AM RECEIVED SOME STATISTICS ON HOW A TREE CANOPY IN THE
10:56:10AM NEIGHBORHOOD ACTUALLY HAS GREATER IMPACT ON 500-FOOT
10:56:13AM NEIGHBORHOOD OUT FROM THE PROPERTY THAN IT DOES TO ACTUALLY
10:56:15AM THE PROPERTY ITSELF.
10:56:16AM IT ACTUALLY ADDS MORE VALUE TO OTHER PROPERTIES THAN IT DOES
10:56:19AM TO THE SUBJECT PROPERTY.
10:56:22AM A TREE ON MR. ENGLISH'S PROPERTY ADDS MORE VALUE TO HIS
10:56:26AM NEIGHBOR'S PROPERTY THAN IT DOES ON ITS OWN.
10:56:28AM HE'S CERTAINLY HAPPY TO PROVIDE THAT BENEFIT.
10:56:31AM HE'S JUST ASKING FOR SOME CONSIDERATION IN ALLOWING HIM TO
10:56:35AM MAKE REASONABLE USE OF HIS PROPERTY AND ADD SOME MUCH-NEEDED
10:56:39AM SQUARE FOOTAGE WHILE HE'S KIND OF CARRYING THAT BURDEN FOR
10:56:42AM THE CITY.
10:56:42AM I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE REGARDING
10:56:50AM THE PROPOSAL.
10:56:50AM AGAIN, WE DO ADOPT ALL OF THE VRB FINDINGS WITH RESPECT TO
10:56:55AM SATISFACTION OF THE HARDSHIP.
10:56:56AM WE WOULD JUST ASK FOR REMOVAL OF THAT CONDITION THAT THE
10:56:59AM BACK SOUTHEAST CORNER BE LIMITED TO ONE STORY.
10:57:03AM AGAIN, I'M HAPPY TO ANSWER ANY QUESTIONS AND WILL RESERVE
10:57:05AM ANY REMAINING TIME FOR REBUTTAL.
10:57:07AM >>FRANK REDDICK: MR. SUAREZ.
10:57:09AM >>MIKE SUAREZ: MS. JOHNSON-VELEZ, QUICK QUESTION.
10:57:12AM I'M TRYING TO FIGURE THIS OUT.
10:57:15AM IS THERE A GARAGE ATTACHED TO THE HOME?
10:57:23AM >> THERE IS A GARAGE ON THE FRONT OF THE HOME.
10:57:23AM >> ON THE FRONT WEST SIDE.
10:57:24AM >> ON MY CLIENT'S PROPERTY.
10:57:25AM YES.
10:57:26AM >>MIKE SUAREZ: I'M TRYING TO REMEMBER WHICH ONE IS YOUR
10:57:29AM CLIENT'S PROPERTY.
10:57:29AM THAT'S WHAT MAKES IT CONFUSING.
10:57:31AM THE BUILDING ITSELF, THE ONE THAT HAS TREES AND NICE KIND OF
10:57:35AM TURRET LOOKING THING.
10:57:37AM >> THAT'S MY CLIENT'S PROPERTY.
10:57:38AM >>MIKE SUAREZ: I THINK I'M LOOKING AT THE RIGHT MAP HERE.
10:57:41AM THERE IS A GARAGE THERE.
10:57:43AM WHY NOT BUILD ABOVE THE GARAGE?
10:57:45AM I'M CURIOUS BECAUSE THERE'S NO ENCROACHMENT OF TREES OR
10:57:51AM ANYTHING ELSE THERE.
10:57:52AM YOU CAN STRETCH OUT THE GARAGE AND ACTUALLY STILL DO IT.
10:57:54AM WAS THERE ANY THOUGHT?
10:57:57AM >> AGAIN, WE ARE -- WE'RE TRYING TO MAXIMIZE WHAT WE'VE GOT.
10:58:06AM THERE IS GOING TO BE A SECOND STORY THERE AS WELL.
10:58:08AM >>MIKE SUAREZ: OH, THERE IS?
10:58:10AM >> RIGHT.
10:58:10AM >>MIKE SUAREZ: IS THAT ALREADY PLANNED?
10:58:12AM IT'S VERY HARD TO SEE.
10:58:15AM THE PLANS THEMSELVES --
10:58:20AM >> IT DOESN'T GIVE US -- WE'RE JUST ASKING IN THAT BACK
10:58:23AM CORNER, IT WILL ONLY ADD 152 EXTRA SQUARE FEET, BUT
10:58:28AM CONSIDERING THAT HE COULD POTENTIALLY ADD, HAVE A
10:58:30AM 10,000-SQUARE-FOOT HOUSE ON THIS PROPERTY IF IT WEREN'T FOR
10:58:34AM THE TREES, WHAT WE'RE ASKING FOR I THINK IS VERY MINIMAL AND
10:58:39AM AGAIN TRYING TO MAXIMIZE WITHIN THAT BUILDING FOOTPRINT.
10:58:41AM SO WE MINIMIZE THE IMPACT THAT WE'RE HAVING.
10:58:45AM >>MIKE SUAREZ: THAT IS THE QUESTION I HAD.
10:58:47AM TRYING TO READ THIS, IT SEEMED HARD, SMALL PRINT.
10:58:50AM >>> WE'RE ADDING JUST A FEW HUNDRED SQUARE FEET WHERE WE CAN
10:58:54AM PICK IT UP HERE AND THERE TRYING TO WORK AROUND THE TREES.
10:58:57AM >>MIKE SUAREZ: TERRIFIC.
10:58:58AM THANK YOU.
10:59:01AM >> I'M SORRY.
10:59:02AM I APOLOGIZE.
10:59:03AM I DO HAVE A NUMBER OF LETTERS OF SUPPORT THAT ARE INCLUDED
10:59:05AM IN THE VRB PACKET THAT I'D LIKE TO ADD TO YOUR RECORD TODAY.
10:59:10AM I WOULD LIKE TO CALL YOUR ATTENTION SPECIFICALLY TO TWO
10:59:13AM LETTERS ON THE PROPERTY OWNERS IMMEDIATELY ADJACENT ON
10:59:16AM BAYSHORE BOULEVARD.
10:59:17AM JUDGE GREG HOLDER WHO WROTE A LETTER AND ALSO GENERAL JAY
10:59:21AM HOOD AND HIS WIFE.
10:59:22AM JUDGE HOLDER WAS SCHEDULED TO BE HERE TODAY BUT COULDN'T
10:59:27AM COME.
10:59:27AM -- HAD SURGERY, SO HE ASKED ME TO APOLOGIZE ON HIS BEHALF.
10:59:29AM I WOULD LIKE TO SUBMIT THOSE INTO THE RECORD.
10:59:31AM ALTHOUGH THERE ARE ABOUT 17 IN THERE, ONE OF THEM IS FROM A
10:59:37AM HOMEOWNERS ASSOCIATION THAT IS RIGHT ACROSS BAYSHORE FROM
10:59:40AM THIS PROPERTY.
10:59:41AM AND SO IT DOES REPRESENT A NUMBER OF -- ALL THE HOMES WITHIN
10:59:47AM THAT SUBDIVISION.
10:59:48AM THANK YOU, COUNCIL.
10:59:51AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
11:00:03AM >> GOOD MORNING.
11:00:03AM MY NAME IS BRUCE TIGERT.
11:00:05AM MY FAMILY LIVES AT 2510 GARDNER COURT.
11:00:09AM WE HAVE LIVED THERE SINCE 1985, THAT HAS BEEN OUR FAMILY
11:00:14AM HOME.
11:00:15AM JUST TO ORIENT YOU, WE ARE THE LONG PROPERTY THAT GOES
11:00:23AM BETWEEN GARDNER COURT AND SHELL POINT ROAD.
11:00:28AM WE ARE THE ADJACENT NEIGHBOR THAT HAS ALL THE VEGETATION
11:00:30AM THAT YOU SAW THE PICTURES OF AND THE OPEN SPACE.
11:00:33AM THAT WOULD BE OUR YARD.
11:00:34AM WE OPPOSE THIS VARIANCE REQUEST IN 2014 AND WERE VERY
11:00:42AM SURPRISED AND DISAPPOINTED THAT IT WAS GRANTED AT THAT TIME.
11:00:44AM IT WAS DONE AS A COMPROMISE, AND WITH SOME MISLEADING
11:00:51AM INFORMATION THAT LATER TURNED OUT TO BE NOT CORRECT.
11:00:54AM AND THIS REAR VARIANCE WAS GRANTED.
11:00:56AM THEREFORE, WE ALSO OPPOSED THE VARIANCE, THE NEW VARIANCE
11:01:03AM THIS PAST SEPTEMBER WHEN IT WAS REQUESTED THAT THE SECOND
11:01:08AM STORY AREA BE ADDED.
11:01:11AM WE DID NOT OPPOSE THE FRONT SETBACK OR THE SIDE YARD SETBACK
11:01:18AM THAT THEY HAD ALSO APPLIED FOR.
11:01:19AM I KNOW YOU SAW A LOT OF PICTURES.
11:01:22AM LET ME SHOW YOU SOME OTHER ONES FROM THE OTHER SIDE OF THE
11:01:25AM FENCE.
11:01:25AM THIS PICTURE WAS TAKEN FROM APPROXIMATELY 35 FEET INTO OUR
11:01:36AM YARD.
11:01:39AM AND THIS IS THE VIEW WE NOW HAVE.
11:01:41AM ALL THE VEGETATION, BY THE WAY, IS ON OUR SIDE OF THE FENCE.
11:01:45AM THIS IS THE VIEW WE NOW HAVE.
11:01:49AM IT GIVES YOU A SENSE OF THE SCALE AND THE MASS OF THIS
11:01:52AM ADDITION THAT HAS BEEN ADDED ON THAT'S 14 FEET FROM OUR
11:01:55AM PROPERTY LINE.
11:01:56AM THE EAVE HEIGHT THERE IS 23 FEET.
11:01:58AM BECAUSE WE HAVE TO COME UP LIKE SIX FEET ABOVE GRADE BEFORE
11:02:04AM YOU CAN HAVE THE FIRST FLOOR BECAUSE OF THE FLOODPLAIN.
11:02:07AM ANOTHER PICTURE THAT HELPS YOU UNDERSTAND WHY WE HAVE A
11:02:14AM PROBLEM WITH THIS, THIS IS BASICALLY THE SAME VIEW SHIFTED
11:02:18AM OVER A LITTLE BIT.
11:02:19AM IT SHOWS OVER HERE ON THE LEFT, IT SHOWS THE SCREENED PORCH
11:02:22AM WITH THE SLOPED ROOF THAT GOES BACK.
11:02:25AM AND NEXT TO IT IS THE TWO-STORY STRUCTURE.
11:02:29AM THE SCALE AND THE MASS OF THOSE TWO SECTIONS IS COMPLETELY
11:02:33AM DIFFERENT.
11:02:35AM AND SO ADDING THAT SECOND STORY ON THERE CHANGES THAT
11:02:39AM COMPLETELY WITH WINDOWS THAT ARE PEERING DOWN.
11:02:42AM I SEE -- NOW THAT I SEE THE VIEW OF THE HOUSE FROM THE YARD,
11:02:46AM I SEE WHY THEY WANT TO DO IT AND HAVE THE WINDOWS.
11:02:49AM I STILL HAVEN'T HEARD ANYTHING THAT SUBSTANTIATES THE RULING
11:02:54AM BY THE VARIANCE REVIEW BOARD WAS UNREASONABLE AND
11:02:56AM INAPPROPRIATE.
11:02:57AM I ASKED THAT YOU UPHOLD THAT RULING.
11:03:00AM THANK YOU.
11:03:05AM >>FRANK REDDICK: ANYONE ELSE IN THE PUBLIC WISHING TO SPEAK
11:03:09AM ON THIS ITEM?
11:03:10AM COME FORWARD.
11:03:12AM LINE UP AGAINST THE WALL ANYBODY THAT WANTS TO SPEAK.
11:03:21AM >> CYNTHIA DUNCAN, WEST BARCELONA STREET, TAMPA, FLORIDA.
11:03:27AM I ASK TO BE PUT ON NOTICE FOR ANY SUBSEQUENT ACTIONS ON THIS
11:03:30AM PARTICULAR ITEM.
11:03:31AM I MET MR. ENGLISH DOWNSTAIRS THIS MORNING.
11:03:34AM I AM HERE AS A CITIZEN OF TAMPA, AS A PERSON WHO HAS WORKED
11:03:38AM FOR THE LAST EIGHT MONTHS ON THE TREE CODE, IN PARTICULAR AN
11:03:42AM ADMINISTRATIVE SETBACK REDUCTION TO SAVE TREES.
11:03:44AM WHEN I HEARD THIS ON THE VRB, I WASN'T HERE, I WAS WATCHING
11:03:48AM IT, I GO, THIS IS A CLASSIC CASE OF AN ADMINISTRATIVE
11:03:51AM SETBACK REDUCTION TO SAVE TREES.
11:03:53AM WE'VE BEEN WORKING ON IT.
11:03:55AM WE HAVE ANOTHER MEETING TOMORROW WITH MS. MORA AND YOUR CITY
11:03:58AM STAFF.
11:03:59AM SO THE SETBACK REDUCTION WE'RE LOOKING AT IS A 40% REAR YARD
11:04:02AM SETBACK FOR THE PRESERVATION OF A GRAND TREE.
11:04:04AM HE'S BEEN GRANTED A 35%, A SEVEN-FOOT REDUCTION IN HIS
11:04:05AM BACKYARD.
11:04:08AM INSTEAD OF THE 20 FEET THAT RS-60 REQUIRES, HE NOW HAS A
11:04:11AM 13-FOOT BACKYARD.
11:04:13AM HE'S GOT ABOUT TEN TREES.
11:04:16AM A LOT OF THEM GRAND OR ALMOST GRAND.
11:04:18AM AND 152-SQUARE-FOOT ADDITION.
11:04:21AM 3% OF HIS HOUSE SIZE.
11:04:23AM HIS HOUSE COULD BE ALMOST 18,000 SQUARE FEET, TWO STORIES IF
11:04:27AM THERE WERE NO TREES.
11:04:28AM HE'S BEARING MORE THAN HIS FAIR SHARE OF THE BURDEN OF
11:04:31AM PROVIDING THESE TREES, NOT JUST FOR HIS FAMILY BUT FOR HIS
11:04:35AM NEIGHBORS' PROPERTY VALUES, FOR THE CITY OF TAMPA, FOR THE
11:04:37AM MILLIONS OF DOLLARS THESE TREES SAVE OUR CITY.
11:04:39AM I KNOW YOU GUYS ARE WELL AWARE OF ALL THIS BUT AGAIN THIS IS
11:04:44AM A CLASSIC EXCEPTION.
11:04:47AM I PUT THIS UP HERE.
11:04:48AM FROM THE REAR OF THE HOUSE, IT BOILS DOWN TO, YOU ALREADY
11:04:51AM GOT THE 13-FOOT BACKYARD.
11:04:52AM THAT'S NOT GOING AWAY.
11:04:54AM ALL HE WANTS TO DO IS FILL IN THIS CORNER, 152 SQUARE FEET.
11:04:57AM THE ALTERNATIVE IS GO ELSEWHERE, EITHER USE EXPENSIVE
11:05:03AM ALTERNATE CONSTRUCTION TECHNIQUES WHICH MAY OR MAY NOT SAVE
11:05:05AM THE TREE, CUT DOWN THE TREE, WHAT, THREE TO FIVE THOUSAND TO
11:05:09AM REMOVE THE TREE, ANOTHER FEW THOUSAND INTO THE TRUST FUND TO
11:05:11AM PAY FOR THE TREE.
11:05:13AM THEY TAKE OUT THAT 48-INCH OAK OUT FRONT, THAT'S 19 TREES
11:05:17AM YOU HAVE TO PAY FOR INTO THE TRUST FUND.
11:05:19AM HE'S ALREADY GOT TEN ON HIS PROPERTY.
11:05:20AM YOU CAN'T PLANT THEM ON THE PROPERTY.
11:05:22AM I THINK THIS IS JUST REASONABLE.
11:05:25AM ONE OF THE VARIANCE POWER THINGS, THE VARIANCE IS IN HARMONY
11:05:29AM WITH THE COMPREHENSIVE PLAN.
11:05:31AM COMPREHENSIVE PLAN OBJECTIVE 1.3, MATURE TREE CANOPIES, A
11:05:35AM VITAL ASSET, WE NEED THE BENEFITS, THE ENVIRONMENTAL FOR THE
11:05:38AM CITY OF TAMPA, NOT JUST MR. ENGLISH.
11:05:42AM I WOULDN'T BE HERE FOR MR. ENGLISH.
11:05:45AM IT IS THE DEATH OF A THOUSAND CUTS EVERY TIME WE CUT DOWN
11:05:48AM ONE OF THESE TREES.
11:05:48AM WE ALSO HAVE ENVIRONMENTAL OBJECTIVES TO MAXIMIZE PROTECTION
11:05:53AM ENHANCEMENT OF OUR TREES.
11:05:54AM SEEK TO MAINTAIN PLANT LIFE.
11:05:56AM FOR THE WELL-BEING OF THE PEOPLE AND TO ENHANCE THE TREES.
11:06:00AM I'LL LEAVE THESE WITH YOU IF YOU NEED JUSTIFICATION.
11:06:03AM WHEN THE CLIMATE CHANGE WAS BRIEFED TO YOU, MR. SUAREZ
11:06:05AM ASKED, HE SAID, WHAT CAN WE DO?
11:06:08AM YOU REALLY DIDN'T GET THAT FROM THE SCIENTIST?
11:06:10AM YOU KNOW WHAT YOU CAN DO?
11:06:12AM YOU CAN HELP SAVE THE TREES.
11:06:14AM GRANT ADMINISTRATIVE SETBACK REDUCTIONS WHEN CITIZENS ARE
11:06:16AM TRYING TO REASONABLY RECONFIGURE THEIR PROPERTY.
11:06:18AM WE NEED TO MAKE IT EASIER FOR THEM TO DO SO.
11:06:26AM THANK YOU FOR YOUR TIME.
11:06:28AM >> GOOD MORNING.
11:06:33AM I'VE NEVER DONE THIS BEFORE EITHER.
11:06:35AM I HOPE I DON'T OFFEND ANYBODY.
11:06:38AM MY NAME IS WAYNE LYNN.
11:06:40AM MY WIFE AND I OWN THE PROPERTY IMMEDIATELY SOUTHWEST OF THE
11:06:45AM SUBJECT PROPERTY.
11:06:46AM WE'RE DIRECTLY ACROSS THE STREET OR DIAGONALLY ACROSS
11:06:49AM BAYSHORE ON THE SOUTHWEST CORNER OF CHAMBRAY LANE AND
11:06:57AM BAYSHORE.
11:06:57AM IF I LOOK OUT MY FRONT YARD, I LOOK RIGHT AT THE ENGLISH
11:07:00AM HOME ACROSS BAYSHORE.
11:07:02AM OUR STREET IS A PRIVATE STREET.
11:07:06AM OUR COMMUNITY CONSISTS OF 13 HOMES.
11:07:09AM WE HAVE A HOMEOWNERS ASSOCIATION ON WHOSE BOARD I SERVE
11:07:14AM ALONG WITH MY NEIGHBOR STEVE BRAZIER HERE.
11:07:19AM I SUBMITTED ONE OF THOSE LETTERS IN SUPPORT OF THE PETITION,
11:07:28AM AND OUR BOARD ALSO CONSIDERED THE PETITION AND ISSUED A
11:07:31AM LETTER IN SUPPORT OF THE PETITION AS WELL.
11:07:35AM I CAN'T SPEAK FOR ALL THE BOARD MEMBERS AND OUR COMMUNITY,
11:07:39AM BUT I THINK OUR CONSENSUS WAS THAT THE PLAN IN GENERAL, IF
11:07:46AM EFFECTED WOULD ENHANCE PROPERTY VALUES IN THE NEIGHBORHOOD,
11:07:51AM WOULD DO NO HARM AND, IN FACT, THE ENGLISHES OBVIOUSLY WENT
11:07:54AM TO GREAT PAINS TO AVOID DOING ANY HARM TO THE ENVIRONMENT,
11:07:58AM TO THE TREES THAT WE DEARLY LOVE THERE.
11:08:02AM AND THE PLAN LOOKED TO US OR TO ME IN PARTICULAR AS IF IT
11:08:07AM WOULD IMPROVE THE APPEARANCE OF THE PROPERTY FROM WHAT IT
11:08:10AM WAS AND WHAT IT IS.
11:08:13AM PERSONALLY, I SUBMITTED THE LETTER NOT SO MUCH AS A FAVOR TO
11:08:16AM THE ENGLISHES WHO ARE LOVELY PEOPLE BUT, FRANKLY, I DIDN'T
11:08:19AM KNOW THEM.
11:08:21AM I DID IT BECAUSE I THOUGHT IT WAS IMPORTANT TO DEFEND
11:08:25AM INDIVIDUAL PROPERTY RIGHTS, WHICH SHOULD, IF THEY DON'T
11:08:29AM INCLUDE, IN MY OPINION, THE RIGHT TO DO WHAT YOU WILL WITH
11:08:33AM YOUR PROPERTY PROVIDED, OF COURSE, IT DOESN'T DO ANY HARM
11:08:36AM AND DOESN'T ENCROACH ON THE PROPERTY RIGHTS OF YOUR
11:08:40AM NEIGHBORS, WHICH APPEARS TO ME NOT TO DO.
11:08:44AM THAT IS THE ENCROACHMENT.
11:08:45AM I'M CONFIDENT THAT ALL OF MR. ENGLISH'S NEIGHBORS, SAVE ONE,
11:08:55AM SUPPORTS THE PETITION.
11:09:00AM MY POINT IN APPEARING HERE WAS SIMPLY TO SAY THAT I BELIEVE
11:09:04AM HE HAS THE RIGHT OR SHOULD HAVE THE RIGHT TO DO WHAT HE
11:09:06AM WANTS TO DO AND THAT MOST OF HIS NEIGHBORS, THE OVERWHELMING
11:09:11AM MAJORITY OF HIS NEIGHBORS SUPPORT THE PETITION.
11:09:13AM THANK YOU VERY MUCH.
11:09:16AM >> MY NAME IS STEVE BRAZIER.
11:09:23AM I LIVE IN THE CHAMBRAY HOMEOWNER ASSOCIATION DISTRICT, WHICH
11:09:29AM IS ACROSS FROM BAYSHORE BOULEVARD.
11:09:31AM I THINK THE CITY COUNCIL SHOULD APPROVE THIS FOR MANY
11:09:36AM REASONS, BUT I'LL GIVE YOU TWO.
11:09:38AM FIRST OF ALL, MR. ENGLISH HAS GOT A BIG FAMILY.
11:09:42AM I KNOW THE NEIGHBORHOOD PRETTY GOOD.
11:09:46AM WHY?
11:09:46AM I HAVE A COUPLE OF DOGS AND WALK THEM TWICE A DAY AND I'VE
11:09:49AM BEEN ON EVERY STREET.
11:09:50AM YOU DON'T SEE MANY KIDS IN OUR NEIGHBORHOOD AND IT IS A
11:09:53AM GREAT THINGS TO HAVE KIDS.
11:09:54AM IF YOU KIDS, YOU NEED OF SPACE.
11:09:58AM HIS EXPANSION OF HIS HOUSE ALLOWS HIS CHILDREN AND HIS
11:10:04AM FAMILY TO HAVE A LIFESTYLE THAT ACCOMMODATES A FAMILY OF
11:10:07AM CHILDREN.
11:10:07AM NUMBER TWO, THERE HAS BEEN A LOT OF REDEVELOPMENT IN OUR
11:10:14AM AREA AND THEY'VE BEEN BASICALLY KNOCKING DOWN ALL '50s AND
11:10:18AM '60s RANCH-STYLE HOMES, SPLITTING THE LOTS IN SOME CASES
11:10:23AM AND CRAMMING IN BASICALLY COOKIE CUTTER HOUSES.
11:10:26AM YOU'VE SEEN THEM, THE TWO-CAR GARAGE AND EVERYTHING IN FRONT
11:10:29AM AND EVERYTHING CRAMMED ON TOP AND YOU CAN SPIT IN YOUR
11:10:32AM NEIGHBOR'S YARD.
11:10:33AM WELL, HERE IS SOMEONE ADDING -- WHO HAS A BEAUTIFUL
11:10:36AM PROPERTY, WANTS TO MAINTAIN IT.
11:10:38AM WANTS TO MAINTAIN THE LOOK, AND I THINK ONE PERSON HERE IS
11:10:44AM RUNNING FOR MAYOR, ONE OF HIS PLATFORMS IS NEIGHBORHOODS AND
11:10:49AM THAT INCLUDES THE EMPOWERMENT TO MAKE THEM BEAUTIFUL.
11:10:53AM I THINK IT'S A GREAT IDEA FOR WHAT THE HOMEOWNER WANTS TO
11:10:57AM DO.
11:10:57AM IT'S TOUGH BECAUSE THE PROPERTY, NEIGHBOR'S PIECE OF
11:11:01AM PROPERTY IS A SPECTACULAR PIECE OF PROPERTY ALSO.
11:11:05AM HE'S ALSO WEDGED -- HIS NEIGHBOR IS WEDGED IN FROM THE OTHER
11:11:08AM SIDE OF THE PROPERTY LINE ALSO.
11:11:10AM BUT I FULLY SUPPORT THIS.
11:11:21AM >> GOOD MORNING.
11:11:22AM MY NAME IS CHRIS HOCH.
11:11:24AM 5813 BAYSHORE BOULEVARD, WHICH IS DIAGONAL TO THE ENGLISHES.
11:11:29AM I DON'T KNOW THE ENGLISHES ALL THAT WELL.
11:11:32AM SO I'M NOT HERE TO STICK UP FOR THEM.
11:11:35AM I HAVE A LITTLE STORY TO TELL YOU IF YOU DON'T MIND.
11:11:38AM WHEN WE MOVED INTO OUR HOUSE THREE YEARS AGO, WE HAVE ALMOST
11:11:41AM A HALF AN ACRE IN THE BACK.
11:11:43AM AND THERE WAS A FENCE.
11:11:44AM AND THE FENCE WAS FALLING DOWN.
11:11:46AM SO WE GOT A NEW FENCE AND IN THAT PROCESS THERE WAS A SURVEY
11:11:51AM DONE.
11:11:52AM AND WE LEARNED THAT WE OWNED WHERE THE OLD FENCE WAS, WE
11:11:55AM OWNED SIX FEET BEYOND THE FENCE.
11:11:58AM THERE IS A STORM DITCH THAT GOES THROUGH THERE.
11:12:01AM SO OUR FENCE PEOPLE SAID WHERE WOULD YOU LIKE TO PUT THE
11:12:06AM FENCE?
11:12:07AM I SAID, WELL, I WANT IT EXACTLY WHERE IT WAS BECAUSE I DON'T
11:12:10AM WANT IT CLOSER TO THE STORM DITCH WHICH REALLY DOESN'T WORK
11:12:14AM ANYWAY.
11:12:15AM SO MY BACKYARD NEIGHBOR, MICHAEL, HE IS A LAWYER.
11:12:18AM I WON'T TELL YOU HIS LAST NAME.
11:12:20AM HE CAME UP TO ME AND SAID, WELL, THERE IS A WOODEN PLATFORM
11:12:24AM BEHIND OUR FENCE AND THEY HAVE A GAZEBO, AND HE CAME UP TO
11:12:29AM US AND SAID WOULD YOU LIKE US TO MOVE IT?
11:12:32AM I SAID, WHY WOULD WE DO THAT?
11:12:34AM IN THE SPIRIT OF GOOD NEIGHBORING, I'M SUPPORTING THIS
11:12:37AM VARIANCE BECAUSE WE'RE NOT USING THAT PROPERTY, SO I'M IN
11:12:42AM SUPPORT OF THIS VARIANCE FOR THE ENGLISHES. THANK YOU.
11:12:57AM >> GOOD MORNING.
11:12:57AM MY NAME IS KAREN FATE.
11:12:59AM I AM A REALTOR WITH KELLER WILLIAMS TAMPA CENTRAL, AND I'M
11:13:02AM THE REALTOR THAT REPRESENTED MR. ENGLISH ON THE PURCHASE OF
11:13:06AM THE PROPERTY.
11:13:07AM I'M HERE TO ATTEST TO THE FACT THAT EXTREME DUE DILIGENCE
11:13:11AM WAS DONE ON THIS PROPERTY BY THE ENGLISH FAMILY SO THAT
11:13:15AM THERE WAS NO DISRUPTION TO THE NEIGHBORHOOD, THAT THEY WOULD
11:13:18AM BE A GOOD STEWARD OF THE LAND, A GOOD NEIGHBOR.
11:13:22AM EXTENSIVE RESEARCH WAS DONE ON THE TREES, INCLUDING
11:13:25AM CONSTRUCTION PERMIT SERVICES AND REPRESENTATIVES OF THE CITY
11:13:28AM OF TAMPA.
11:13:31AM AND I FULLY SUPPORT THE FACT THAT I THINK THE DENSITY ISSUE
11:13:34AM IS A VERY VALID POINT.
11:13:37AM HE IS NOT TRYING TO INCREASE DENSITY WITHIN THE
11:13:40AM NEIGHBORHOOD.
11:13:40AM HE IS TRYING TO PRESERVE WHAT IS THERE AND INCREASE THE SIZE
11:13:45AM OF THE PROPERTY BY LESS THAN 3%.
11:13:48AM SO I SUPPORT THIS AND ASK THAT YOU DO AS WELL.
11:13:51AM THANK YOU.
11:13:58AM >> GOOD MORNING.
11:14:04AM I'M ONE OF THE NEIGHBORS IN THE BEAUTIFUL NEIGHBORHOOD.
11:14:07AM I CURRENTLY OWN TWO PROPERTIES IN THE NEIGHBORHOOD.
11:14:09AM I JUST WANT TO VOICE I AM IN FAVOR OF THE IMPROVEMENT TO
11:14:15AM ALEX'S PROPERTY.
11:14:16AM THANK YOU.
11:14:20AM >>FRANK REDDICK: ANYONE ELSE WISHING TO SPEAK ON THIS
11:14:23AM PARTICULAR ISSUE?
11:14:25AM >> GOOD MORNING, COUNCIL.
11:14:26AM ALEX ENGLISH.
11:14:27AM I AM THE PROPERTY OWNER.
11:14:30AM >>FRANK REDDICK: YOU ARE THE PETITIONER, CORRECT?
11:14:32AM >> YES.
11:14:37AM >>FRANK REDDICK: WE'LL GIVE YOU -- YOU WANT TO USE THIS AS A
11:14:44AM PART OF YOUR REBUTTAL?
11:14:46AM >> I THINK HE WANTED TO CLARIFY A COUPLE OF THINGS.
11:14:49AM >>FRANK REDDICK: IT HAS TO BE PART OF HIS REBUTTAL.
11:14:53AM >> HOW MUCH TIME?
11:14:54AM >>FRANK REDDICK: YOU HAVE FIVE MINUTES AS PART OF REBUTTAL.
11:14:57AM BEFORE YOU DO THAT, LET ME MAKE SURE THERE'S NO ONE ELSE IN
11:15:00AM THE AUDIENCE WHO WANTS TO SPEAK ON THIS PARTICULAR ITEM.
11:15:04AM ANYONE ELSE WANTS TO SPEAK ON THIS PARTICULAR ITEM?
11:15:09AM >> SINCE THE APPLICANT IS GOING TO GIVE REBUTTAL, CAN I MAKE
11:15:12AM A COMMENT?
11:15:13AM MY PROBLEM IS THE PROPERTY ALREADY RECEIVED THE SETBACKS.
11:15:16AM THERE WAS A HEARING MANY YEARS AGO WHERE ALL OF THIS WAS
11:15:21AM DECIDED.
11:15:21AM IT SEEMS LIKE THIS IS A SECOND BITE AT THE SAME APPLE.
11:15:26AM SO I THINK FROM WHAT I'M LOOKING AT HERE, WE'RE NOT STARTING
11:15:30AM FROM SCRATCH.
11:15:32AM THIS IS SOMETHING ALREADY SITTING IN THE SETBACK.
11:15:35AM YOU'VE ALREADY HAD A BACKYARD SETBACK OF ALMOST HALF.
11:15:42AM I THINK THAT WAS THE DEAL WAS TO KEEP IT ONE STORY WHEN THE
11:15:50AM DEAL WAS MADE, FROM WHAT I CAN TELL.
11:15:53AM I UNDERSTAND IT WAS SOMEBODY ELSE THAT MADE THE DEAL BEFORE
11:15:56AM YOU PURCHASED THE PROPERTY, BUT I THINK WE'RE NOT STARTING
11:15:59AM FROM SCRATCH HERE.
11:16:02AM THAT'S I THINK AN IMPORTANT POINT.
11:16:05AM >> YES, SIR.
11:16:06AM MY FAMILY AND I, WE PURCHASED THE PROPERTY JUST LAST YEAR.
11:16:11AM I'LL TRY TO BE BRIEF HERE.
11:16:14AM WE FELL IN LOVE WITH THE PROPERTY FOR A COUPLE OF REASONS.
11:16:16AM OF OUR FIVE CHILDREN, WE HAVE TWIN TWO-YEAR-OLD BOYS, AND WE
11:16:20AM WERE LOOKING FOR A HOUSE THAT HAD SOME SPACE AND YARD.
11:16:24AM WE FELL IN LOVE WITH THIS PROPERTY BECAUSE IT IS A DOUBLE
11:16:27AM LOT, AND WE WANTED TO MAINTAIN THAT OPEN GREENSPACE BOTH FOR
11:16:31AM THE NEIGHBORHOOD AND FOR OUR CHILDREN'S USE.
11:16:37AM WE ALSO FELL IN LOVE WITH THE FACT THAT THIS IS ONE OF, IF
11:16:41AM NOT THE RICHEST -- EXCUSE ME, OAK-TREE RICH PROPERTIES IN
11:16:43AM THE NEIGHBORHOOD.
11:16:44AM WE KNEW GOING IN THAT FOR THE SIZE OF OUR FAMILY, WE NEEDED
11:16:47AM AT LEAST A LITTLE BIT OF EXPANSION IN SIZE TO ACCOMMODATE
11:16:50AM FOR BEDROOMS FOR ALL OF OUR CHILDREN AND FAMILY MEMBERS.
11:16:55AM ALL OF THE ADVICE WE WERE GIVEN, THIS LOT SIZE EASILY ALLOWS
11:16:59AM FOR US TO EXPAND OUR HOME THREE TIMES THE SIZE THAT IT IS.
11:17:03AM AGAIN, WHAT WE FELL IN LOVE WITH WERE THE TREES ON THE
11:17:06AM PROPERTY AND WE DIDN'T WANT TO REMOVE ANY OF THOSE TREES.
11:17:10AM SO WE FOUND CREATIVE WAYS IN WORKING WITH OUR ARCHITECT AND
11:17:14AM IGNORED THE ADVICE TO JUST SAY, JUST GET RID OF WHAT IS
11:17:18AM ESSENTIALLY ONE OF THE LARGEST OAK TREES IN THE
11:17:20AM NEIGHBORHOOD.
11:17:20AM AND WE ASKED THEM TO FIND A WAY THAT WE COULD ADD A LITTLE
11:17:24AM BIT OF SQUARE FOOTAGE WHICH ENDED UP ONLY BEING 150 SQUARE
11:17:28AM FEET, BUT WE'RE MAKING THAT WORK.
11:17:30AM AND THAT 150 SQUARE FEET WAS VERY CAREFULLY DESIGNED TO BE
11:17:33AM WITHIN THE EXISTING FOOTPRINT OF THE HOME.
11:17:35AM WHAT WE'RE ASKING FOR IN THAT CORNER, IT'S ALREADY A
11:17:38AM TWO-STORY HOUSE AND FILLING IN THAT ALREADY ONE AND A HALF
11:17:43AM STORY CORNER TO BE A TWO STORY NORMAL EVERYWHERE IN AMERICA
11:17:49AM SECOND TWO-STORY NORMAL CORNER OF A HOUSE, PREVENTS US HAVE
11:17:53AM HAVING TO -- FROM HAVING TO REMOVE ANY TREES.
11:17:59AM MORE IMPORTANTLY, WE'RE STAYING IN THE EXISTING FOOTPRINT OF
11:18:02AM THE HOUSE.
11:18:02AM TO YOUR POINT, SIR, ABOUT NOT TAKING A SECOND BITE AT THE
11:18:05AM APPLE, WE VERY CAREFULLY CHOSE TO DESIGN OUR ADDITIONS AND
11:18:12AM ASK FOR THE VARIANCES IN A WAY THAT DIDN'T FURTHER IMPEDE
11:18:17AM CLOSER TO ANY OTHER PROPERTY.
11:18:19AM THAT SECOND STORY ADDITION STAYS WITHIN THE EXISTING
11:18:21AM FOOTPRINT.
11:18:21AM IT ACTUALLY MAINTAINS THE EXISTING SILHOUETTE OF THE HOUSE.
11:18:27AM THE HOUSE IS ALREADY A TWO-STORY HOUSE, EVEN IN THAT AREA,
11:18:30AM FROM ANY DIRECTION, IF YOU LOOK AT THE HOUSE IT APPEARS TO
11:18:33AM BE A TWO-STORY HOUSE EVEN IN THAT CORNER.
11:18:35AM JUST THE LITTLE 150-SQUARE-FOOT AREA THAT'S NOTCHED OUT.
11:18:39AM AND WE'RE JUST FILLING THAT IN.
11:18:41AM >>HARRY COHEN: I UNDERSTAND THAT.
11:18:42AM I GUESS WHAT I'M SAYING IS THAT WHEN THAT ONE STORY WAS
11:18:45AM BUILT, IT WAS BUILT -- IT WAS BUILT AS THE SUBJECT OF A
11:18:50AM VARIANCE THAT ALLOWED FOR A SETBACK.
11:18:53AM IT APPEARS TO ME FROM THE RECORD THAT THAT WAS THE DEAL MADE
11:18:57AM IN ORDER TO ALLOW THE HOUSE TO ENCROACH TO BEGIN WITH INTO
11:19:00AM THE SETBACK.
11:19:02AM >> UNDERSTAND.
11:19:03AM ACTUALLY, THERE WAS CONFUSION INITIALLY EVEN WHEN WE STARTED
11:19:05AM THIS PROCESS AND WE WERE DETERMINING WHAT VARIANCES WE
11:19:08AM NEEDED TO ASK FOR.
11:19:09AM THERE WAS ACTUALLY A LOT OF AMBIGUITY.
11:19:11AM IN OUR VRB HEARING, THE BEGINNING OF IT WAS KIND OF
11:19:14AM CONFUSING BECAUSE THE VRB STAFF DIDN'T UNDERSTAND IF THAT
11:19:18AM WAS SOMETHING THAT WAS SORT OF BAKED IN PREVIOUSLY OR NOT.
11:19:22AM TO SORT OF ANSWER YOUR QUESTION ON YOUR POINT, THE PREVIOUS
11:19:26AM VARIANCE THAT WAS MANY YEARS BEFORE WE OWNED THE PROPERTY
11:19:29AM WAS ACTUALLY VERY GRAY IN TERMS OF REFERENCING ANYTHING
11:19:37AM ABOUT ONE STORY OR TWO STORY OTHER THAN THE DECK.
11:19:39AM THAT EVEN LED TO THE QUESTION OF IF WE NEEDED TO EVEN ASK
11:19:47AM FOR THIS TO BE PART OF THE VARIANCE, BUT WE DID JUST IN THE
11:19:49AM NATURE OF NOT MAKING A GRAY AREA CLEAR ONE WAY OR THE OTHER.
11:19:53AM THE MAIN THIS IS, AGAIN, JUST REFERENCING THIS, THIS IS
11:19:57AM ALREADY A TWO-STORY HOUSE AS YOU CAN SEE HERE IN THIS
11:20:01AM SILHOUETTE.
11:20:01AM ANYBODY LOOKING AT THE HOUSE SEES THE TWO-STORY, NORMAL,
11:20:05AM TYPICAL TWO-STORY HOUSE WITH A TWO-STORY ROOFLINE.
11:20:09AM THAT'S NOT CHANGING.
11:20:10AM THE HEIGHT IS NOT CHANGING.
11:20:12AM THE SILHOUETTE OF THE ELEVATION ISN'T CHANGING.
11:20:14AM THE FOOTPRINT OF THE HOME ISN'T EXPANDING BY EVEN AN INCH IN
11:20:18AM ANY ONE DIRECTION.
11:20:20AM IN THIS PROCESS, WHEN WE CHOSE TO TAKE THIS ROUTE OF
11:20:26AM PRESERVING THE TREES INSTEAD OF CHOPPING DOWN THAT 50
11:20:29AM SOMETHING INCH OAK TREE THAT'S ONE OF THE LARGEST IN THE
11:20:32AM NEIGHBORHOOD, WE VERY CAREFULLY CHOSE TO CRAFT WHAT WE WERE
11:20:36AM DOING AROUND SAVING THAT TREE AND HAVE TAKEN A LOT OF STEPS,
11:20:39AM INCLUDING BEFORE WE EVEN NOTICED THE NEIGHBORS WITH THE
11:20:44AM REQUIRED NOTICING, WE OBVIOUSLY INTRODUCED OURSELVES AS THE
11:20:49AM NEW FAMILY IN THE NEIGHBORHOOD.
11:20:51AM TALKED TO THEM ABOUT THE IMPROVEMENTS WE WANTED TO MAKE TO
11:20:53AM THE PROPERTY.
11:20:53AM GOT FEEDBACK FROM ALL OF THEM.
11:20:55AM AS THE LETTERS OF SUPPORT SHOW, WE HAVE, I THINK, IT'S 27 OR
11:20:59AM 28 OF THE CLOSEST HOMEOWNERS IN SUPPORT OF US AND ONLY ONE
11:21:05AM NOT IN SUPPORT OF US.
11:21:06AM AND TWO -- MORE IMPORTANTLY, TWO OF THE SUPPORTERS ARE OUR
11:21:12AM DIRECT NEIGHBORS ON EITHER SIDE OF US, U.S. GENERAL JAY HOOD
11:21:18AM IMMEDIATELY TO OUR LEFT IS IN FULL SUPPORT AND PROVIDED A
11:21:21AM LETTER.
11:21:22AM AND JUDGE GREG HOLDER IS OUR IMMEDIATE NEIGHBOR TO THE RIGHT
11:21:26AM HAS PROVIDED A LETTER AND SPECIFICALLY ASKED ME TO INDICATE,
11:21:30AM OFFER HIS APOLOGIES FOR NOT BEING ABLE TO BE HERE TODAY AND
11:21:33AM THAT HE'S IN FULL SUPPORT.
11:21:36AM >>FRANK REDDICK: I'M SORRY.
11:21:38AM YOUR REBUTTAL TIME IS GONE.
11:21:43AM >> THANK YOU.
11:21:47AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
11:21:49AM WHAT IS THE PLEASURE?
11:21:55AM >> [INAUDIBLE]
11:21:55AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. COHEN.
11:21:57AM SECONDED BY MR. MANISCALCO.
11:21:58AM ALL IN FAVOR OF THE MOTION SAY AYE.
11:22:00AM OPPOSED.
11:22:02AM WHAT IS THE PLEASURE OF COUNCIL?
11:22:06AM >>CHARLIE MIRANDA: BASED ON ALL THE DOCUMENTS WE RECEIVED
11:22:12AM TODAY AND THE TESTIMONIES WE RECEIVED, I MOVE TO UPHOLD THE
11:22:17AM FINDINGS OF FACT OF THE VARIANCE REVIEW BOARD.
11:22:20AM >>FRANK REDDICK: ALL RIGHT.
11:22:21AM WE HAVE A MOTION FROM MR. MIRANDA.
11:22:23AM SECONDED BY MR. MANISCALCO.
11:22:25AM >>MARTIN SHELBY: FOR CLARIFICATION, MR. MIRANDA, THAT AND
11:22:30AM THE DECISION AS WELL?
11:22:31AM >>CHARLIE MIRANDA: YES, SIR.
11:22:32AM >>FRANK REDDICK: ANY DISCUSSION ON THE MOTION?
11:22:33AM ALL OF THOSE IN FAVOR OF THE MOTION SAY AYE.
11:22:36AM THOSE OPPOSED.
11:22:39AM >>THE CLERK: SUAREZ AND VIERA VOTING NO.
11:22:41AM [MICROPHONE NOT ON]
11:22:44AM >>FRANK REDDICK: THANK YOU.
11:22:45AM WE GO TO NEW BUSINESS.
11:22:51AM INFORMATION AND REPORT.
11:22:52AM I'M SORRY, WE'VE GOT TO GO BACK.
11:22:58AM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
11:23:01AM THANK YOU FOR THE OPPORTUNITY FOR ME TO MAKE SURE I WAS
11:23:03AM CORRECT IN WHAT I WAS STATING TO YOU FROM A LEGAL
11:23:06AM STANDPOINT.
11:23:06AM I DID HAVE AN ASSIST IN GETTING THIS LEGAL RESEARCH DONE.
11:23:10AM I WANTED TO LET YOU KNOW THAT WE HAVE RESEARCHED THE 2018
11:23:13AM CHANGES TO THE SOLAR LEGISLATION.
11:23:16AM IT DID NOT AFFECT WHETHER OR NOT AUTOMATICALLY GRANTED AN
11:23:19AM EASEMENT.
11:23:19AM I DID ACTUALLY FIND THE WEBSITE THAT THE INFORMATION CAME
11:23:22AM FROM THAT WAS PREVIOUSLY SUBMITTED TO YOU, AND THE PAGE THAT
11:23:25AM WAS SUBMITTED TO YOU WAS -- ENGLISH LAW, AND IT HAS BEEN
11:23:32AM WIDELY REPUDIATED IN AMERICAN COURT.
11:23:35AM SPECIFICALLY, IN THE STATE OF FLORIDA, IT'S BEEN REPUDIATED
11:23:38AM SINCE 1959.
11:23:39AM THAT IS NOT TO SAY THE LAW IN FLORIDA IS IN FACT TO STATE
11:23:43AM THAT THERE IS NOT AN AUTOMATIC EASEMENT.
11:23:44AM FLORIDA DOES RECOGNIZE THE RIGHT TO CREATE WRITTEN STATUTORY
11:23:48AM EASEMENTS, SOLAR EASEMENTS, BUT THEY ARE NOT AUTOMATIC.
11:23:53AM INTERESTINGLY, IN THE 1950 CASE, WHAT THE COURT SAID IS
11:23:56AM ALTHOUGH THERE IS NOT AN AUTOMATIC RIGHT TO A RIGHT TO LIGHT
11:24:00AM AND AIR OR A SOLAR EASEMENT, THAT LOCAL GOVERNMENT CAN
11:24:05AM THROUGH THEIR ZONING REGULATIONS ADDRESS SOME OF THE
11:24:08AM CONCERNS THAT ARE OBVIOUS WHEN YOU BUILD GIANT BUILDINGS
11:24:12AM NEXT TO OTHER HOUSES.
11:24:14AM CITY COUNCIL MAY WANT A REFRESHER ON WHAT THE SETBACKS AND
11:24:17AM THE HEIGHT ARE IN THESE BECAUSE THOSE ARE SOME OF THE TOOLS
11:24:20AM YOU CAN USE TO ADDRESS SOME OF THE CONCERNS THAT WERE
11:24:23AM BROUGHT UP, BUT THAT'S UP TO CITY COUNCIL.
11:24:26AM >>MIKE SUAREZ: SO THE DESIGNATION SHE WAS MENTIONING I THINK
11:24:29AM 718 OR SOMETHING LIKE THAT, THAT IS NOT A STATE STATUTE.
11:24:34AM IT IS NOT --
11:24:35AM >>REBECCA KERT: IT WAS INCORRECT BUT IT WAS CLOSE.
11:24:37AM WITH SOME HELP I WAS ABLE TO FIND THE STATUTE THAT I BELIEVE
11:24:42AM SHE'S REFERENCING WHICH IS ON SOLAR EASEMENTS.
11:24:45AM IT SPECIFICALLY GRANTS -- BECAUSE THERE IS NOT AN AUTOMATIC
11:24:51AM RIGHT TO A SOLAR EASEMENT, THE LEGISLATURE HAS CREATED A
11:24:54AM RIGHT TO MAKE ONE.
11:24:55AM >>MIKE SUAREZ: GOT IT.
11:24:57AM IT GIVES US THE POWER TO DO IT IS WHAT YOU'RE SAYING OR NO?
11:25:00AM >>REBECCA KERT: NO, IT DOES NOT.
11:25:01AM IT IS A VOLUNTARY EASEMENT THAT SOMEONE CAN GRANT BUT IT
11:25:07AM SPECIFICALLY CANNOT BE FORCED UPON SOMEONE.
11:25:10AM >>MIKE SUAREZ: THERE'S NO WAY THAT WE CAN MAKE THAT
11:25:13AM DESIGNATION.
11:25:15AM THE LAW ITSELF SAYS AN EASEMENT CAN EXIST BASED ON AGREEMENT
11:25:19AM OF PARTIES, NOT BASED ON LAW.
11:25:22AM >>REBECCA KERT: COMPLETELY CORRECT.
11:25:24AM THAT IS WHAT I'M TRYING TO SAY.
11:25:25AM AGAIN, WHAT THE POWER OF CITY COUNCIL DOES HAVE IS THROUGH
11:25:28AM HEIGHT AND SETBACKS TO DEAL WITH SOME OF THE PROBLEMS THAT
11:25:31AM WERE THE UNDERLYING CONCERN.
11:25:34AM >>MIKE SUAREZ: THAT IS WITHIN OUR PURVIEW BASED ON THE CASE
11:25:38AM BROUGHT TO US.
11:25:39AM >>REBECCA KERT: YES, BASED UPON THE SPECIFICS OF THE SITE
11:25:41AM PLAN BEFORE YOU.
11:25:42AM >>MIKE SUAREZ: THANK YOU.
11:25:44AM >> CAN I HAVE A QUICK FOLLOW-UP TO THAT?
11:25:46AM I KNOW -- LEE RICE.
11:25:49AM THERE WAS A CONCERN BEFORE.
11:25:51AM THERE IS A DOG PARK WITHIN THE COMPLEX, AND THEN THERE ARE
11:25:54AM ALSO DOG WASTE RECEPTACLES THAT ARE AVAILABLE TO THE
11:25:58AM RESIDENTS OF THE COMPLEX.
11:25:58AM AND THERE IS NO EXISTING EASEMENT WITH THAT LANDOWNER FOR
11:26:03AM THE RIGHT TO SOLAR.
11:26:05AM >>MIKE SUAREZ: YOU SAID THERE ARE RECEPTACLES AVAILABLE TO
11:26:08AM THE NEIGHBORHOOD?
11:26:09AM WHERE ARE THEY LOCATED?
11:26:13AM >> WITHIN THE PROJECT.
11:26:13AM >>MIKE SUAREZ: WITHIN THE PROJECT.
11:26:15AM ON THE INTERIOR?
11:26:16AM >> I WOULD HAVE TO CONFIRM THE EXACT LOCATIONS BUT THEY ARE
11:26:19AM AVAILABLE TO THE RESIDENTS.
11:26:20AM >>MIKE SUAREZ: NOTHING ON THE OUTSIDE IS WHAT YOU'RE SAYING.
11:26:23AM IF I'M NOT MISTAKEN, BASED ON WHAT WAS THERE BEFORE, IT WAS
11:26:27AM AN OPEN FIELD AND PROBABLY THAT WAS PART OF THE PROBLEM IS
11:26:30AM THAT ANYBODY COULD GO IN THERE AND PROBABLY HAVE THEIR DOG
11:26:33AM DO WHATEVER THEY DID.
11:26:34AM I'M NOT SURE.
11:26:34AM I KNOW THAT I HAD PEOPLE COME DOWN MY STREET HAVE DOGS.
11:26:38AM I DON'T HAVE A DOG, AND THEY DO IT IN MY YARD, TOO.
11:26:40AM I'M JUST CURIOUS ABOUT THAT IF THEY HAVE ACCESS, PROBABLY
11:26:45AM NOT.
11:26:45AM THANK YOU.
11:26:54AM >>FRANK REDDICK: BACK AT SECOND READING.
11:27:00AM MR. SUAREZ, DO YOU WANT TO READ IT?
11:27:06AM >> MOVE TO CLOSE.
11:27:08AM >> SECOND.
11:27:08AM >>FRANK REDDICK: GOT A MOTION FROM MR. SUAREZ.
11:27:10AM SECONDED BY MR. MANISCALCO.
11:27:12AM ALL IN FAVOR OF THE MOTION SAY AYE.
11:27:13AM OPPOSED?
11:27:14AM OKAY.
11:27:15AM >> I PRESENT AN ORDINANCE FOR SECOND READING AND ADOPTION,
11:27:20AM AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF
11:27:22AM 514 NORTH ROME AVENUE, 1701 WEST GRAY STREET, 1706 WEST
11:27:26AM CARMEN STREET, AND 501 AND 505 NORTH FREMONT AVENUE, IN THE
11:27:32AM CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN
11:27:35AM SECTION 1, FROM ZONING DISTRICT CLASSIFICATION RS-50
11:27:37AM (RESIDENTIAL SINGLE-FAMILY) AND IG (INDUSTRIAL GENERAL) TO
11:27:41AM PD (PLANNED DEVELOPMENT, RESIDENTIAL, MULTIFAMILY AND RETAIL
11:27:45AM SALES, CONVENIENCE GOODS); PROVIDING AN EFFECTIVE DATE.
11:27:49AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. SUAREZ.
11:27:50AM SECONDED BY MR. VIERA.
11:27:52AM PLEASE RECORD YOUR VOTE.
11:28:02AM >>THE CLERK: MOTION CARRIED WITH REDDICK, MANISCALCO, AND --
11:28:05AM [INAUDIBLE] -- [MICROPHONE NOT ON]
11:28:09AM >>KRISTIN MORA: KRISTIN MORA, LEGAL DEPARTMENT.
11:28:11AM THERE IS A RESOLUTION FOR A BONUS PROVISION.
11:28:14AM >>MIKE SUAREZ: I WAS GOING TO MOVE THAT.
11:28:15AM CHAIR, I WOULD LIKE TO MOVE THE RESOLUTION ATTACHED TO THIS
11:28:19AM PARTICULAR --
11:28:20AM >>FRANK REDDICK: MOTION FROM MR. SUAREZ.
11:28:21AM SECONDED BY MR. COHEN.
11:28:22AM ALL IN FAVOR OF THE MOTION SAY AYE.
11:28:24AM OPPOSED?
11:28:28AM >>THE CLERK: MANISCALCO VOTED NO.
11:28:30AM CAPIN NO.
11:28:32AM THIS IS ON THE RESOLUTION.
11:28:34AM [INAUDIBLE]
11:28:38AM [MICROPHONE NOT ON]
11:28:41AM [INAUDIBLE]
11:28:46AM [MICROPHONE NOT ON]
11:28:49AM >>FRANK REDDICK: ALL RIGHT.
11:28:50AM WE GO INTO NEW BUSINESS.
11:28:58AM >> DO WE NEED TO RESCHEDULE NUMBER 73?
11:29:00AM IF WE COULD RESCHEDULE, MOTION TO RESCHEDULE NUMBER 73 TO
11:29:04AM APRIL 4th.
11:29:05AM >> SO MOVED.
11:29:06AM >>MARTIN SHELBY: 10:30 A.M.
11:29:11AM >>FRANK REDDICK: WHO MADE THE MOTION?
11:29:12AM MOTION FROM MR. COHEN.
11:29:17AM SECONDED BY MR. MANISCALCO.
11:29:18AM ALL IN FAVOR OF THE MOTION SAY AYE.
11:29:19AM OPPOSED?
11:29:20AM OKAY.
11:29:21AM THANK YOU.
11:29:22AM MR. VIERA.
11:29:26AM NEW BUSINESS.
11:29:28AM >>LUIS VIERA: YES, SIR, MR. CHAIR.
11:29:29AM I HAD PREVIOUSLY SPOKEN WITH F.D.O.T. PUBLICLY HERE AT
11:29:32AM COUNCIL ABOUT THEIR MAKING A PRESENTATION ON THE STATUS OF
11:29:36AM BUSCH BOULEVARD.
11:29:37AM I MOTION TO HAVE F.D.O.T. MAKE A PRESENTATION ON BUSCH
11:29:40AM BOULEVARD JANUARY 31st AT 9 A.M. UNDER CEREMONIAL
11:29:44AM ACTIVITIES AND/OR PRESENTATIONS.
11:29:45AM >>FRANK REDDICK: MOTION BY MR. VIERA.
11:29:49AM SECONDED BY MR. MANISCALCO.
11:29:50AM ALL IN FAVOR OF THE MOTION SAY AYE.
11:29:51AM OPPOSED?
11:29:52AM MR. MIRANDA.
11:29:54AM >>CHARLIE MIRANDA: TWO CLEANUP ITEMS, MR. CHAIRMAN.
11:29:57AM DECEMBER 20th, 2018, THE CITY COUNCIL ADOPTED A MOTION TO
11:30:01AM FILE NUMBER B-2018-8 PERTAINING TO CONTINUANCE TO
11:30:06AM MARCH 1st, 2019, RESOLUTION APPROVING THE AGREEMENT AND
11:30:09AM MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TAMPA AND
11:30:13AM TAMPA BAY WATER FOR THE TAMPA AUGMENTATION PROJECT.
11:30:16AM I WOULD LIKE TO MAKE A MOTION TO CORRECT THE CONTINUATION
11:30:19AM DATE FROM MARCH 1th TO MARCH 7th OF 2019.
11:30:22AM >> SECOND.
11:30:22AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
11:30:23AM SECONDED BY MR. COHEN.
11:30:25AM ALL IN FAVOR OF THAT MOTION SAY AYE.
11:30:27AM OPPOSED.
11:30:28AM OKAY.
11:30:28AM >>CHARLIE MIRANDA: ALSO, ON DECEMBER 20, 2018 CITY COUNCIL
11:30:31AM MEETING, COUNCIL ADOPTED A MOTION TO FILE NUMBER E-2018-8,
11:30:36AM CHAPTER 27 PERTAINING TO SU-1-1905 FOR PROPERTY LOCATED 402
11:30:42AM WEST SITKA STREET.
11:30:43AM I WOULD LIKE TO MAKE A MOTION TO CORRECT DATE FROM
11:30:46AM MARCH 1st, 2019 10:30 TO MARCH 7, 2019, 10:30.
11:30:51AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
11:30:52AM SECONDED BY MR. MANISCALCO.
11:30:53AM ALL IN FAVOR OF THE MOTION AYE.
11:30:56AM >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
11:30:58AM >>YVONNE CAPIN: NOTHING.
11:31:00AM >>GUIDO MANISCALCO: NOTHING.
11:31:02AM >>HARRY COHEN: NOTHING.
11:31:03AM >>MIKE SUAREZ: MAKE IT A CLEAN SWEEP, NOTHING, SIR.
11:31:06AM >> MOTION TO RECEIVE AND FILE --
11:31:09AM >>FRANK REDDICK: BEFORE YOU DO THAT.
11:31:11AM LET'S SEE IF THE CHAIR HAS SOMETHING TO SAY.
11:31:16AM YIELD TO MR. VIERA.
11:31:24AM I WANT TO MAKE A MOTION THAT COUNCIL PREPARE A COMMENDATION
11:31:27AM FOR THE CITY OF TAMPA BLACK HISTORY COMMITTEE TO BE
11:31:30AM PRESENTED AT THEIR PROGRAM ON FEBRUARY 12, 2019.
11:31:34AM >>LUIS VIERA: WE HAVE A MOTION BY COUNCILMAN REDDICK.
11:31:36AM SECONDED BY COUNCILMAN MANISCALCO.
11:31:37AM ALL IN FAVOR?
11:31:38AM ANY OPPOSED?
11:31:39AM >>FRANK REDDICK: I WANT TO MAKE A MOTION THAT CELESTE
11:31:40AM GIBBONS PEOPLES, PRESIDENT OF THE CITY OF TAMPA BLACK
11:31:44AM HISTORY COMMITTEE, BE SCHEDULED ON FEBRUARY THE 7th, 2019,
11:31:47AM AT 9 A.M. TO APPEAR AND PROVIDE AN OVERVIEW OF THE CITY OF
11:31:50AM TAMPA BLACK HISTORY MONTH PROGRAM TO BE HELD ON
11:31:53AM FEBRUARY 12th.
11:31:54AM >>LUIS VIERA: MOTION BY COUNCILMAN REDDICK.
11:31:56AM SECONDED BY COUNCILMAN MIRANDA.
11:31:59AM ALL IN FAVOR?
11:32:00AM ANY OPPOSED?
11:32:01AM >>FRANK REDDICK: THE LAST ONE IS REQUESTING THAT THE LEGAL
11:32:02AM DEPARTMENT -- MAKE A MOTION TO REQUEST THE LEGAL DEPARTMENT
11:32:04AM TO PREPARE A RESOLUTION GRANTING PERMISSION TO USE THE
11:32:07AM OFFICIAL SEAL OF THE CITY OF TAMPA ON PROGRAM MATERIAL,
11:32:11AM DIGITAL PRINT, BROADCAST AND ADVERTISEMENTS AS IT RELATES TO
11:32:15AM BLACK HISTORY ACTIVITIES HOSTED BY THE CITY OF TAMPA BLACK
11:32:19AM HISTORY COMMITTEE.
11:32:19AM >>LUIS VIERA: WE HAVE A MOTION BY COUNCILMAN REDDICK.
11:32:21AM SECONDED BY COUNCILMAN MIRANDA.
11:32:22AM ALL IN FAVOR?
11:32:26AM ANY OPPOSED?
11:32:27AM >>FRANK REDDICK: CAN WE GET A MOTION TO RECEIVE AND FILE?
11:32:29AM >> SO MOVED.
11:32:30AM >> MOTION TO RECEIVE AND FILE AS STATED.
11:32:32AM ALL IN FAVOR SAY AYE.
11:32:33AM OPPOSED?
11:32:35AM STAND ADJOURNED.
11:32:36AM
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