CITY OF TAMPA
THURSDAY, FEBRUARY 21, 2019
9:00 A.M. MEETING
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7:43:51AM
9:03:17AM >> -- OF THE PRAYER.
9:04:37AM >>YVONNE CAPIN: THANK YOU.
9:04:38AM I'D LIKE TO INTRODUCE OUR SUPERVISOR OF ELECTIONS, CRAIG
9:04:41AM LATIMER.
9:04:42AM HE'S AGREED TO DO OUR INVOCATION.
9:04:44AM PLEASE STAND FOR THE INVOCATION AND STAY STANDING FOR THE
9:04:47AM PLEDGE OF ALLEGIANCE.
9:04:47AM THANK YOU, CRAIG.
9:04:52AM >>CRAIG LATIMER: [OFF MICROPHONE]
9:04:53AM [MICROPHONE NOT ON]
9:05:06AM -- ALLOW THEM TO CAMPAIGN WITH CIVILITY AND WITH PASSION.
9:05:24AM WE ALSO ASK THAT CAMPAIGN WITH TRUTHFULNESS, BUT AT THE END
9:05:28AM OF THE DAY, DEAR LORD, WHAT WE PRAY FOR THE MOST IS THAT
9:05:31AM WHOEVER WINS, WINS BIG SO WE DON'T HAVE A RECOUNT.
9:05:34AM [ LAUGHTER ]
9:05:35AM >> AMEN!
9:05:37AM >>CRAIG LATIMER: WE ASK THIS ALL IN YOUR NAME, AMEN.
9:05:40AM [ LAUGHTER ]
9:05:40AM [PLEDGE OF ALLEGIANCE]
9:05:56AM >>THE CLERK: SUAREZ?
9:05:58AM >>MIKE SUAREZ: HERE.
9:05:59AM >>HARRY COHEN: HERE.
9:06:00AM >>GUIDO MANISCALCO: HERE.
9:06:00AM >>YVONNE CAPIN: PRESENT.
9:06:01AM >>CHARLIE MIRANDA: HERE.
9:06:02AM >>LUIS VIERA: HERE.
9:06:05AM >>THE CLERK: REDDICK?
9:06:08AM >>LUIS VIERA: OKAY.
9:06:08AM FIRST WE HAVE A CITY COUNCIL COMMENDATION, HILLSBOROUGH
9:06:11AM COMMUNITY COLLEGE THAT IS TO BE DONE BY COUNCILMAN REDDICK,
9:06:16AM WHO IS NOT HERE.
9:06:16AM IF I MAY -- OH, I ASKED FOR A MOTION OF APPROVAL OF THE
9:06:21AM AGENDA.
9:06:21AM SO MOVED.
9:06:22AM WE HAVE A MOTION BY COUNCILMAN MANISCALCO.
9:06:26AM SECOND BY COUNCILMAN MIRANDA.
9:06:28AM ANY IN FAVOR?
9:06:30AM ALL OPPOSED?
9:06:31AM I DO NOT SEE COUNCILMAN REDDICK HERE FOR NUMBER ONE.
9:06:34AM IF I MAY, I'LL PROCEED WITH NUMBER TWO.
9:06:36AM >>MIKE SUAREZ: CHAIR, THE MAKER OF THE MOTION IS NOT HERE,
9:06:41AM THE SECONDER IS HERE.
9:06:42AM YOU MAY WANT HIM TO DO IT AS YOU CHAIR THE MEETING.
9:06:44AM MR. MANISCALCO WOULD BE WILLING TO DO THAT?
9:06:48AM >>LUIS VIERA: WOULD YOU, GUIDO?
9:06:50AM GOOD SUGGESTION.
9:06:51AM >>MIKE SUAREZ: IS THE CHAIR NOT GOING TO BE HERE TODAY?
9:06:55AM >>LUIS VIERA: HE'S JUST LATE.
9:06:57AM THANK YOU.
9:07:11AM >> HOW ARE YOU?
9:07:13AM >>GUIDO MANISCALCO: I'M REALLY HONORED TO PRESENT THIS TO
9:07:15AM YOU AS A FORMER STUDENT THERE AT HCC, I HAD NOTHING BUT
9:07:19AM GREAT MEMORIES.
9:07:20AM I STARTED AT THE CAMPUS ON THE AIR FORCE BASE WHEN THEY
9:07:23AM ALLOWED CIVILIANS TO DO SO.
9:07:24AM >> GOOD.
9:07:26AM >>GUIDO MANISCALCO: WENT TO YBOR CAMPUS, WENT TO DALE MABRY
9:07:29AM CAMPUS AND MET WONDERFUL PEOPLE, FRIENDS THAT I STILL HAVE
9:07:31AM TO THIS DAY.
9:07:33AM HCC ALWAYS HAD A SPECIAL PLACE IN MY HEART, A SPECIAL PLACE
9:07:36AM IN THE COMMUNITY BECAUSE IT HELPED LIFT UP SO MANY.
9:07:39AM AND CELEBRATING 50 YEARS IS HUGE.
9:07:42AM >> YES.
9:07:42AM >>GUIDO MANISCALCO: SO I'LL READ THIS REAL QUICK.
9:07:45AM IN RECOGNITION OF HILLSBOROUGH COMMUNITY COLLEGE 50th
9:07:47AM ANNIVERSARY, HILLSBOROUGH COMMUNITY COLLEGE HAS PROVIDED
9:07:49AM FIVE DEBATING OF INNOVATION, INSPIRATION AND OUTSTANDING
9:07:52AM GROWTH IN THE TAMPA BAY COMMUNITY.
9:07:53AM FOUNDED AS HILLSBOROUGH JUNIOR COLLEGE ON OCTOBER 4th,
9:07:56AM 1967, THE INSTITUTION OF HIGHER LEARNING HELD ITS FIRST
9:08:00AM CLASSES FOR 1,625 STUDENTS IN TEMPORARY FACILITIES, AT
9:08:04AM HILLSBOROUGH HIGH SCHOOL IN TAMPA ON SEPTEMBER 30th, 1968.
9:08:08AM HILLSBOROUGH COMMUNITY COLLEGE ALSO KNOWN AS HCC, HAS
9:08:11AM DELIVERED TEACHING AND LEARNING OPPORTUNITIES THAT EMPOWERS
9:08:14AM A DIVERSE POPULATION OF MORE THAN 44,000 STUDENTS ANNUALLY
9:08:17AM TO ACHIEVE THEIR EDUCATIONAL GOALS AND BECOME CONTRIBUTING
9:08:20AM MEMBERS OF THE LOCAL COMMUNITY AND A GLOBAL SOCIETY.
9:08:23AM TAMPA CITY COUNCIL EXTENDS BEST WISHES TO HCC FOR ITS
9:08:26AM EXCELLENT CONTRIBUTION WITH EXISTING STUDENTS AND ACHIEVING
9:08:29AM THEIR DREAMS.
9:08:29AM CONGRATULATIONS.
9:08:30AM >> THANK YOU.
9:08:32AM [ APPLAUSE ]
9:08:32AM FIRST, ON BEHALF OF THE MORE THAN 2600 FACULTY AND STAFF AT
9:08:45AM HCC, AND BELIEVE IT OR NOT, COUNCILMAN, WE'RE AT 46,000
9:08:49AM STUDENTS NOW INSTEAD OF 44.
9:08:51AM WE SAY THANK YOU TO THE COUNCIL.
9:08:53AM HCC HAS A HISTORY OF BEING A GREAT COMMUNITY PARTNER, AS YOU
9:08:58AM CAN UNDERSTAND, COMMUNITY IS PART OF OUR NAME, AND WE TAKE
9:09:01AM THAT VERY SERIOUSLY.
9:09:02AM OVER THE YEARS, WE'VE CONTINUED TO INCREASE OUR ECONOMIC
9:09:05AM IMPACT IN THIS COMMUNITY.
9:09:07AM RIGHT NOW WE ARE AT 1.3 BILLION DOLLARS ANNUALLY ON ECONOMIC
9:09:11AM IMPACT IN THIS COMMUNITY, AND BELIEVE ME, THROUGH THE
9:09:14AM PARTNERSHIPS AND RELATIONSHIPS WE HAVE WITH THE CITY
9:09:17AM COUNCIL, FOR EXAMPLE, ONLY ENHANCES OUR ABILITY TO INCREASE
9:09:20AM THAT.
9:09:21AM SO ON BEHALF, AGAIN, OF ALL THE 46,000 STUDENTS AND THE
9:09:24AM FACULTY AND STAFF OF HCC, WE SAY THANK YOU.
9:09:28AM WE ARE ONE MILLION STRONG ALUMNI HERE IN HILLSBOROUGH
9:09:31AM COUNTY.
9:09:31AM THANK YOU.
9:09:32AM [ APPLAUSE ]
9:09:41AM >>LUIS VIERA: THANK YOU VERY MUCH FOR THAT, AND
9:09:42AM CONGRATULATIONS.
9:09:43AM >> THANK YOU.
9:09:43AM >>LUIS VIERA: NEXT WE GO TO NEW BUSINESS UNDER A FOR
9:09:47AM MR. CRAIG LATIMER TO COME FORWARD, IF YOU WOULD, SIR.
9:09:53AM >>CRAIG LATIMER: START WITH ANOTHER PRAYER?
9:09:55AM [ LAUGHTER ]
9:09:56AM >>YVONNE CAPIN: PLEASE.
9:09:57AM >>CRAIG LATIMER: GOOD MORNING, AS YOU KNOW, THE CITY OF
9:09:59AM TAMPA ELECTION IS WELL UNDERWAY.
9:10:01AM MY OFFICE SENT OUT ALMOST 58,000 VOTE BY MAIL BALLOTS AND WE
9:10:05AM ALREADY RECEIVED BACK ALMOST 10,000 OF THOSE BALLOTS.
9:10:08AM WE'VE MAILED OUT SAMPLE BALLOTS.
9:10:10AM CITY RESIDENTS THAT DIDN'T GET A VOTE BY MAIL BALLOT THAT
9:10:13AM ARE ELIGIBLE AND REGISTERED FOR THIS ELECTION SHOULD BE
9:10:16AM GETTING THAT SAMPLE BALLOT STARTING YESTERDAY, PROBABLY.
9:10:19AM THE MAJORITY OF WHAT WE DO TO CONDUCT ELECTIONS IS
9:10:26AM ESTABLISHED IN FLORIDA STATUTE BUT WE HAVE SOME DISCRETION
9:10:28AM ESPECIALLY WHEN DESIGNATING LOCATIONS AND HOURS OF OPERATION
9:10:31AM FOR EARLY VOTING.
9:10:32AM THIS IS IMPORTANT BECAUSE JURISDICTIONS VARY IN SIZE, AND
9:10:34AM THERE'S NO ONE SIZE FITS ALL.
9:10:36AM DURING EVERY ELECTION, WE BALANCE ACCESSIBILITY DEVOTING
9:10:39AM WITH A -- TO VOTING WITH A FISCAL RESPONSIBILITY TO THE
9:10:42AM TAXPAYERS.
9:10:42AM IT'S OUR GOAL TO MAKE VOTING AS CONVENIENT AS POSSIBLE.
9:10:45AM WE DO NOT WANT VOTERS WAITING IN LINE.
9:10:47AM WE MAKE PRUDENT STAFFING DECISIONS AND BASE OUR PLANNING AND
9:10:50AM RECOMMENDATIONS ON DATA FROM PREVIOUS ELECTIONS.
9:10:53AM DURING THE 2011 TAMPA ELECTION, WE HAD AN OPEN MAYOR SEAT.
9:10:57AM WE HAD APPROXIMATELY 190,000 REGISTERED VOTERS AT THAT TIME,
9:11:00AM AND HAD A --
9:11:03AM [ NO ENCODER ]
9:11:20AM [ NO ENCODER ]
9:11:33AM [ NO ENCODER ]
9:11:34AM -- HAD BEEN 73 POLLING LOCATIONS THROUGHOUT THE CITY FOR
9:11:38AM ELECTION DAY VOTING.
9:11:39AM THE 2011 ELECTION WENT VERY SMOOTHLY, AND WE STUCK TO THAT
9:11:43AM SAME PLAN IN '15, AND THAT'S THE PLAN THAT WE RECOMMENDED TO
9:11:45AM THE CITY OF TAMPA THAT WAS AGREED UPON FOR THE CURRENT
9:11:48AM ELECTION.
9:11:48AM WE CURRENTLY HAVE ABOUT 231,000 REGISTERED VOTERS IN THE
9:11:52AM CITY OF TAMPA, AND WE'RE WELL EQUIPPED TO HANDLE A MORE
9:11:55AM ROBUST TURNOUT THAN PREVIOUS MUNICIPAL ELECTIONS.
9:11:58AM IF YOU HAVE ANY QUESTIONS ABOUT THE ELECTION, I'D BE MORE
9:12:01AM THAN HAPPY TO ANSWER THOSE AT THIS TIME.
9:12:12AM >>FRANK REDDICK: THE FIRST QUESTION, THE REASON THIS WAS
9:12:16AM BROUGHT UP AND ASKED YOU TO BE HERE TODAY.
9:12:19AM >>CRAIG LATIMER: SORRY, CAN'T HEAR YOU, COUNCILMAN.
9:12:20AM >>FRANK REDDICK: THE REASON WE PUT THIS ON THE AGENDA FOR
9:12:22AM THIS TO BE DISCUSSED TODAY IS BECAUSE I HAVE BEEN BOMBARDED
9:12:27AM WITH PHONE CALLS, TEXT MESSAGES, AND PEOPLE ARE NOT FAMILIAR
9:12:34AM WITH THE HOURS OF EARLY VOTING.
9:12:36AM IT CHANGED FROM 10 TO 6.
9:12:39AM AND THEN PEOPLE ARE TELLING ME WE'RE GOING ON THE WEBSITE
9:12:44AM AND CAN'T FIND THE VOTING LOCATION.
9:12:47AM AND SO EXPLAIN THAT TO US.
9:12:52AM EARLY VOTING FROM HOURS OF 10 TO 6, AND IT'S GOING TO BE FOR
9:12:58AM ONE WEEK.
9:12:58AM THAT'S MY UNDERSTANDING?
9:12:59AM >>CRAIG LATIMER: THAT IS CORRECT.
9:13:00AM >>FRANK REDDICK: PREVIOUS, WHAT DID WE USED TO DO, TWO
9:13:04AM WEEKS?
9:13:04AM >>CRAIG LATIMER: NO, ONE WEEK SINCE 2011.
9:13:07AM IN FACT, FORMER MAYOR PAM IORIO INSISTED TO HAVE AT LEAST
9:13:11AM TWO WEEKEND DAYS, BECAUSE PRIOR TO THAT, IT WAS ONLY FIVE
9:13:14AM DAYS.
9:13:14AM IT'S UP TO THE CITY'S DISCRETION FOR EARLY VOTING DAYS AND
9:13:18AM HOURS.
9:13:19AM FOR INSTANCE, PLANT CITY, WHO I ALSO CONDUCT THE ELECTION
9:13:21AM FOR, THEY ONLY DO TWO DAYS OF EARLY VOTING. SO THIS HAS
9:13:25AM BEEN THE SAME MODEL THAT WE'VE BEEN USING SINCE 2011.
9:13:28AM >>FRANK REDDICK: WHO MADE THAT DETERMINATION?
9:13:31AM ADMINISTRATION?
9:13:31AM >>CRAIG LATIMER: WE MAKE A RECOMMENDATION TO THE CITY -- TO
9:13:35AM THE MAYOR'S OFFICE BASED ON THE PREVIOUS DATA THAT WE HAVE.
9:13:37AM AND THIS IS THE RECOMMENDATION THAT WE MADE, AND IT WAS
9:13:40AM ACCEPTED.
9:13:41AM BY THE MAYOR'S OFFICE.
9:13:43AM I WOULD POINT OUT TO YOU, JUST TO GO BACK, BECAUSE I KEEP
9:13:47AM TALKING ABOUT DATA, IN THE 2011 ELECTION, WHICH, AGAIN, WAS
9:13:51AM AN OPEN MAYOR'S SEAT, A MAYOR OF THIS RACE, IF YOU WILL,
9:13:54AM THERE WAS A GRAND TOTAL OF 6,658 PEOPLE THAT VOTED AT EARLY
9:13:59AM VOTING.
9:13:59AM IN THE 2015 ELECTION, THAT NUMBER WAS 2,596.
9:14:05AM AGAIN, THESE WERE EXTREMELY POOR TURNOUTS FOR BOTH OF THESE
9:14:09AM ELECTIONS.
9:14:10AM WE'RE HOPING FOR MORE ROBUST ELECTION.
9:14:12AM I KNOW THAT THE CANDIDATES HAVE BEEN OUT WORKING HARD TO GET
9:14:16AM THEIR BASES OUT.
9:14:17AM JUST LIKE THE MIDTERM ELECTION, WE AVERAGE ABOUT A 50%
9:14:20AM TURNOUT, WE HAD A 62% TURNOUT IN THAT MIDTERM ELECTION.
9:14:25AM >>FRANK REDDICK: LAST QUESTION, WHAT TYPE OF ADVERTISEMENT
9:14:31AM OR PROMOTION YOUR OFFICE HAS DONE TO LET PEOPLE KNOW THE
9:14:35AM HOURS AND LOCATION?
9:14:35AM >>CRAIG LATIMER: CERTAINLY.
9:14:36AM EVERYONE THAT DOESN'T RECEIVE A VOTE BY MAIL BALLOT RECEIVES
9:14:40AM A SAMPLE BALLOT.
9:14:41AM THAT INFORMATION IS ON THERE.
9:14:42AM WE ALSO HAVE IT ON OUR WEBSITE.
9:14:44AM WE ALSO USE A TREMENDOUS AMOUNT OF SOCIAL MEDIA.
9:14:47AM I CAN TELL YOU THAT THE CANDIDATES RETWEET OUR SOCIAL MEDIA
9:14:50AM CONSTANTLY, AND THAT INFORMATION IS ON THERE.
9:14:55AM >>FRANK REDDICK: THANK YOU.
9:15:01AM >>CHARLIE MIRANDA: MR. LATIMER, THANK YOU FOR BEING HERE.
9:15:08AM THE TURNOUT IN 2011 WAS 13%.
9:15:10AM YOU ARE THE GURU OF ELECTIONS, WHAT IS THE PERCENT OF
9:15:13AM TURNOUT GOING TO BE THIS ELECTION?
9:15:16AM [ LAUGHTER ]
9:15:16AM >>CRAIG LATIMER: I'M GOING TO GO OUT ON A LIMB, COUNCILMAN
9:15:19AM MIRANDA, I'LL GO OUT ON A LIMB AND GIVE YOU THAT I THINK IT
9:15:22AM WILL BE ROBUST.
9:15:23AM [ LAUGHTER ]
9:15:25AM >>CHARLIE MIRANDA: ROBUST IN WHAT AMOUNT?
9:15:28AM >>CRAIG LATIMER: YOU KNOW, ALL I CAN GO ON IS THE DATA THAT
9:15:31AM WE HAVE.
9:15:32AM I THINK THAT WE'RE GOING TO HAVE A BETTER THAN 22% TURNOUT.
9:15:34AM >>CHARLIE MIRANDA: ALL RIGHT.
9:15:35AM THAT'S ALL I WANTED TO KNOW.
9:15:37AM >> YOU HAVE TO REMEMBER, TOO, THAT WAS 190,000 REGISTERED
9:15:41AM VOTERS.
9:15:41AM NOW WE'RE UP TO 231,000.
9:15:43AM SO WE'VE GOT TO GET A LOT MORE VOTERS OUT JUST TO HIT THAT
9:15:47AM NUMBER.
9:15:47AM >>CHARLIE MIRANDA: THANK YOU VERY MUCH.
9:15:48AM I APPRECIATE IT VERY MUCH.
9:15:49AM BY THE WAY, EVERY TIME I'VE BEEN TO YOUR OFFICE, THEY HAVE
9:15:52AM BEEN VERY COURTEOUS, VERY UP-FRONT.
9:15:55AM I'VE SEEN OTHER CANDIDATES AND THEY TREAT EVERYBODY THE
9:15:58AM SAME.
9:15:58AM I'M REAL HAPPY TO SEE THAT, SIR.
9:16:00AM >>CRAIG LATIMER: THANK YOU.
9:16:01AM I APPRECIATE YOUR COMMENTS.
9:16:03AM >>YVONNE CAPIN: THANK YOU.
9:16:03AM YES, YOU KNOW, I WAS WONDERING, SO WHAT AMOUNT OF ABSENTEE
9:16:10AM BALLOTS HAVE BEEN RETURNED SO FAR THIS YEAR?
9:16:12AM >>CRAIG LATIMER: IT'S RIGHT AT ABOUT 17%, I THINK, OF THE
9:16:15AM BALLOTS WE MAILED HAVE BEEN RETURNED.
9:16:16AM >>YVONNE CAPIN: 17%.
9:16:18AM DO WE HAVE A NUMBER?
9:16:19AM >>CRAIG LATIMER: YES, MA'AM.
9:16:20AM IT'S JUST UNDER 10,000.
9:16:22AM >>YVONNE CAPIN: COMPARED TO '11, HOW'S THAT?
9:16:26AM >>CRAIG LATIMER: IN 2011, WE HAD 9,856 BALLOTS RETURNED.
9:16:32AM >>YVONNE CAPIN: TOTAL.
9:16:33AM >>CRAIG LATIMER: YEAH, VOTE BY MAIL, FOR THE TOTAL ELECTION.
9:16:38AM >>YVONNE CAPIN: ALL RIGHT.
9:16:39AM >>CRAIG LATIMER: LET ME BACK UP AND SAY --
9:16:41AM >>YVONNE CAPIN: YES.
9:16:41AM >>CRAIG LATIMER: THIS IS KIND OF INTERESTING.
9:16:43AM IN 2011, 60% OF THE PEOPLE THAT VOTED, VOTED ON ELECTION
9:16:47AM DAY.
9:16:47AM 60% OF THE PEOPLE THAT VOTED, VOTED ON ELECTION DAY.
9:16:51AM AND 2015, 62% OF THE PEOPLE THAT VOTED, VOTED BY MAIL.
9:16:58AM >>YVONNE CAPIN: OKAY.
9:16:58AM >>CRAIG LATIMER: AND ONLY 28% VOTED ON ELECTION DAY.
9:17:01AM AND THAT'S THE TREND WE'VE SEEN.
9:17:03AM THE LAST ELECTION, 71% OF OUR VOTERS VOTED PRIOR TO ELECTION
9:17:09AM DAY.
9:17:09AM >>YVONNE CAPIN: I WANTED TO ASK YOU ALSO, WE TOOK AWAY A
9:17:13AM WEEKEND -- WE HAD TWO WEEKENDS.
9:17:15AM I'M THINKING SINCE THE HOURS OF 10 A.M., PEOPLE THAT GO TO
9:17:18AM WORK, IF THEY DON'T MAKE IT ON THAT WEEKEND, THEN THEY HAVE
9:17:21AM ELECTION DAY TO MAKE IT BEFORE 7 A.M. OR BY 7 P.M.
9:17:27AM AND THAT COULD BE PRETTY -- I KNOW THAT CAN BE PRETTY -- AS
9:17:31AM SOMEONE THAT HAD A BUSINESS, IT COULD BE VERY DIFFICULT TO
9:17:34AM GET TO.
9:17:34AM SO I'M WONDERING IF THAT 10 A.M. MIGHT HAVE BROUGHT THE
9:17:39AM NUMBER DOWN ON EARLY VOTE, BECAUSE YOU DON'T GET THOSE EARLY
9:17:44AM PEOPLE ON THE WAY TO WORK.
9:17:46AM THEY ARE NOT -- IT'S NOT WORTH -- THEY CAN'T GET THERE.
9:17:48AM >>CRAIG LATIMER: WELL, THANK YOU FOR THAT ADVERTISEMENT,
9:17:52AM COUNCILWOMAN CAPIN, BECAUSE THAT'S EXACTLY WHAT VOTE BY MAIL
9:17:55AM IS FOR, TOO.
9:17:57AM WE PAY THE RETURN POSTAGE.
9:17:58AM THEY CAN ALSO DROP OFF VOTE BY MAIL BALLOTS AT ANY OF OUR
9:18:02AM EARLY VOTE SITES DURING HOURS.
9:18:04AM NOW, I'D LIKE TO GO BACK, THOUGH, BECAUSE WE HAD TWO
9:18:07AM WEEKENDS BECAUSE THERE WAS NO SUNDAY VOTING PREVIOUSLY.
9:18:09AM IN 2011 --
9:18:11AM >>YVONNE CAPIN: RIGHT.
9:18:11AM >>CRAIG LATIMER: -- IT WAS SATURDAY NO SUNDAY, THEN MONDAY,
9:18:14AM TUESDAY, WEDNESDAY, THURSDAY, FRIDAY, SATURDAY.
9:18:16AM AGAIN, THAT WAS PAM IORIO, MAYOR IORIO, THAT WANTED THE
9:18:20AM WEEKEND VOTING.
9:18:21AM IN 2015, WE WERE ABLE TO GO AHEAD AND RUN IT STRAIGHT
9:18:24AM THROUGH, WHICH WE DID.
9:18:25AM IT STARTED ON A MONDAY AND WENT RIGHT ON THROUGH SATURDAY
9:18:29AM AND SUNDAY.
9:18:29AM AND THAT'S THE EXACT MODEL THAT WE HAVE THIS YEAR, EXCEPT
9:18:33AM WE'RE CHANGING IT BECAUSE SUNDAY WOULD FALL ON EASTER FOR
9:18:37AM THE RUNOFF ELECTION, SO THAT ONE IS GOING TO BE SATURDAY TO
9:18:39AM SATURDAY.
9:18:40AM >>YVONNE CAPIN: OKAY.
9:18:41AM THAT'S INTERESTING BECAUSE PAM IORIO WAS SUPERVISOR OF
9:18:44AM ELECTIONS FOR 12 YEARS.
9:18:46AM AND, OF COURSE, WHEN SHE CAME ON AND SHE SUGGESTED THAT, WE
9:18:49AM DID NOT HAVE THAT -- THE VOTE BY MAIL AS PROLIFIC AS IT IS
9:18:55AM TODAY.
9:18:56AM SO I UNDERSTAND THAT.
9:18:57AM AGAIN, I THINK -- I REALLY FEEL THE HOURS NEED TO BE
9:19:06AM EARLIER.
9:19:07AM I THINK PEOPLE ON THEIR WAY TO WORK WITH DEFINITELY DO THAT.
9:19:09AM HAVE WE EVER HAD THAT BEFORE?
9:19:12AM >>CRAIG LATIMER: NO, MA'AM.
9:19:14AM IT'S NEVER BEEN 7 TO 7.
9:19:16AM AGAIN, THIS IS THE SAME MODEL THAT WE USE FOR THE REGULAR
9:19:19AM PRIMARY ELECTION AND THE PRESIDENTIAL PREFERENCE PRIMARY.
9:19:22AM >>YVONNE CAPIN: IS THIS THE SAME HOURS DURING THE -- OKAY,
9:19:25AM DURING THE PRESIDENTIAL, SO THE NATIONAL ELECTIONS,
9:19:27AM NOVEMBER.
9:19:27AM >>CRAIG LATIMER: IN NOVEMBER, I ALWAYS USE THE MAXIMUM
9:19:30AM AMOUNT OF DAYS AND THE MAXIMUM AMOUNT OF TIME.
9:19:32AM >>YVONNE CAPIN: WHICH IS.
9:19:34AM >>CRAIG LATIMER: 7 TO 7 AND FOR 14 DAYS.
9:19:37AM >>YVONNE CAPIN: OKAY.
9:19:38AM THERE IS THE DIFFERENCE.
9:19:38AM WHEN WE DIDN'T HAVE THAT, I REMEMBER BEING IN A CAMPAIGN AND
9:19:42AM WORRYING, BECAUSE I LIVED OUT IN LUTZ.
9:19:44AM I LIVED OUT IN LUTZ.
9:19:45AM GETTING TO MY PRECINCT AFTER WORK AND NOT BEING ABLE TO MAKE
9:19:49AM IT.
9:19:50AM AND IT WAS REALLY DAUNTING TO ME.
9:19:53AM THAT 7 TO 7 WAS VERY IMPORTANT TO ME WHEN YOU LIVE -- AND,
9:19:57AM YOU KNOW, THIS IS THE COUNTY.
9:19:58AM THE CITY, LISTEN, THIS MORNING, I GOT A TEXT FROM MY
9:20:01AM LEGISLATIVE AIDE.
9:20:02AM SHE SAYS, "YOU KNOW YOU GOT A PROBLEM WHEN THE TOLL ROAD IS
9:20:05AM NOT MOVING WITH THE TRAFFIC."
9:20:09AM SO WE HAVE THAT PROBLEM WHERE PEOPLE CANNOT GET TO WHERE
9:20:14AM THEY ARE -- WITHIN A CERTAIN AMOUNT OF TIME.
9:20:16AM YOU KNOW, WITHIN THE TIME THEY NEED.
9:20:18AM I'M VERY MUCH IN FAVOR OF GIVING AS MUCH TIME AS POSSIBLE.
9:20:23AM NOW, WAS THIS BECAUSE OF A BUDGET?
9:20:26AM WAS THIS IN ORDER TO --
9:20:27AM >>CRAIG LATIMER: YOU KNOW, THE BOTTOM LINE TO THIS IS THAT
9:20:30AM THE CITY OF TAMPA PAYS ME TO CONDUCT THIS ELECTION.
9:20:33AM AND AS I'VE SUGGESTED BEFORE, IF THIS ELECTION WAS MOVED TO
9:20:36AM THE GENERAL ELECTION, IT WOULD NOT COST THE CITY ANYTHING,
9:20:40AM AND YOU WOULD HAVE TWO WEEKS OF VOTING FROM 7 A.M. TO 7 P.M.
9:20:43AM IT WOULD SAVE THE TAXPAYERS ABOUT A MILLION DOLLARS BECAUSE
9:20:46AM THAT'S WHAT THIS ELECTION IS GOING TO COST.
9:20:51AM >>YVONNE CAPIN: YES, I'VE HEARD THAT BEFORE.
9:20:52AM [ LAUGHTER ]
9:20:53AM IT'S A GOOD SUGGESTION.
9:20:54AM I WOULD BE WILLING TO GO THAT ROUTE.
9:20:57AM BUT HOW WOULD THAT WORK SINCE WE HAVE AN ELECTION IN MARCH,
9:21:02AM AND THEN THE GENERAL WOULD BE IN 2020, RIGHT?
9:21:05AM >>CRAIG LATIMER: THAT WOULD BE SOMETHING YOU WOULD HAVE TO
9:21:07AM WORK OUT WITH YOUR CHARTER THROUGH AN ORDINANCE.
9:21:11AM >>YVONNE CAPIN: OKAY.
9:21:11AM I'M PRETTY SATISFIED WITH YOUR ANSWERS; HOWEVER, I WOULD
9:21:16AM LOVE TO HAVE SEEN -- I PERSONALLY THINK WE NEED TO GIVE OUR
9:21:21AM VOTERS AS MUCH OPPORTUNITY AS POSSIBLE TO GET TO THE POLLS
9:21:23AM AND VOTE, WHETHER IT'S BY MAIL, EARLY VOTE OR ON THE DAY OF
9:21:28AM ELECTION.
9:21:28AM I THINK, YOU KNOW, I'M EVEN WILLING TO GO AS FAR AS ELECTION
9:21:34AM DAY BEING A HOLIDAY AND GET EVERYBODY -- OF COURSE, THEY'LL
9:21:37AM ALL GO TO THE BEACH AFTER THEY VOTE.
9:21:40AM >>CRAIG LATIMER: CERTAINLY, YOU KNOW, I SEE MY JOB AS MAKING
9:21:43AM SURE THAT FIRST OFF, EVERY PERSON THAT'S ELIGIBLE TO
9:21:46AM REGISTER TO VOTE DOES, IN FACT, GET REGISTERED.
9:21:48AM AND THOSE PEOPLE THAT ARE REGISTERED AND ELIGIBLE TO VOTE
9:21:51AM HAVE THE OPPORTUNITY TO GET OUT AND VOTE.
9:21:53AM THAT'S WHY WE OFFER ALL THREE METHODS AND PROMOTE THEM QUITE
9:21:57AM HEAVILY.
9:21:57AM I'LL TELL YOU SOMETHING ELSE THAT MIGHT HELP, I RECENTLY
9:22:00AM LOOKED AT THE CITY WEBSITE.
9:22:01AM THERE'S ABSOLUTELY NOTHING ON IT TO DO WITH THE CITY
9:22:04AM ELECTION OR HOURS --
9:22:06AM [ NO ENCODER ]
9:22:30AM [ NO ENCODER ]
9:22:54AM [ NO ENCODER ]
9:22:55AM >>CHARLIE MIRANDA: -- YOU CAN ONLY BE IN THE HOSPITAL OR
9:22:58AM OUTSIDE THE COUNTRY OR BOTH.
9:22:59AM YET YOU GAVE THEM ALL THE TIME TO VOTE UNLESS PEOPLE SHOW
9:23:04AM UP.
9:23:04AM WHEN YOU TALK ABOUT MONEY, JUST IN THIS ELECTION ALONE,
9:23:07AM BETWEEN THE MAYOR'S RACE AND THE COUNCIL RACE, I GUARANTEE
9:23:10AM YOU 3.5 TO $4 MILLION BEING SPENT.
9:23:13AM IF THE PUBLIC DOESN'T KNOW THERE'S AN ELECTION --
9:23:18AM [ NO ENCODER ]
9:24:03AM [ NO ENCODER ]
9:24:06AM [ NO ENCODER ]
9:24:07AM -- NEW TAMPA LIBRARY, JAN PLATT LIBRARY, WEST TAMPA LIBRARY
9:24:11AM AND OUR ELECTION CENTER OUT ON FALKENBURG ROAD.
9:24:16AM AT ANY TIME, PEOPLE CAN GO TO OUR OFFICES AND GET AN
9:24:18AM OVER-THE-COUNTER BALLOT, WHICH IS A VOTE BY MAIL BALLOT.
9:24:21AM PEOPLE ARE TAKING ADVANTAGE OF THAT ALSO.
9:24:23AM EARLY VOTING BEGINS ON FEBRUARY THE 25th, AND IT WILL RUN
9:24:27AM THROUGH MARCH 3rd.
9:24:29AM THAT WILL BE FROM 10 A.M. TO 6 P.M. FOR SEVEN DAYS STRAIGHT.
9:24:32AM ELECTION DAY, OF COURSE, MARCH 5th FROM 7 A.M. TO 7 P.M.
9:24:37AM >>MIKE SUAREZ: THANKS SO MUCH.
9:24:38AM APPRECIATE IT.
9:24:38AM >>FRANK REDDICK: MS. CAPIN AND THEN WE'LL WRAP UP.
9:24:41AM >>CRAIG LATIMER: I HAVE A SAMPLE BALLOT HERE TO SHOW YOU
9:24:44AM WITH THE 18 AMENDMENTS, WHAT IT LOOKS LIKE.
9:24:46AM >>YVONNE CAPIN: YES, I'VE GOTTEN CALLS ON THAT.
9:24:53AM MAYBE BECAUSE OF THE FORMS, MAYBE THAT NEEDS TO BE ORGANIZED
9:24:56AM BECAUSE I THINK -- HOW MANY FORMS HAS THE MAYORAL RACE HAD?
9:25:01AM 21,000.
9:25:04AM -- I SAID THE SOCIETY OF LEFT-HANDED PEOPLE WANT A MAYORAL
9:25:08AM FORUM.
9:25:09AM EVERYBODY WANTS TO BE RELATIVE.
9:25:11AM SO THEY HAVE TO GO, BUT AT THE SAME TIME, I THINK THE
9:25:14AM EXPOSURE HAS BEEN EVEN MORE, SO THAT'S WHERE THIS MIGHT HAVE
9:25:17AM COME FROM.
9:25:18AM BUT I WANT TO TELL YOU, THANK YOU FOR BEING SO GRACIOUS AND
9:25:21AM COMING HERE.
9:25:22AM I WANT TO TELL YOU, THANK YOU FOR PUTTING ON CCTV WHAT THE
9:25:28AM MAYOR DID NOT DO, WHICH WAS NOT PUT ON OUR WEBSITE THAT
9:25:32AM THERE'S AN ELECTION AND THE ELECTION DAY.
9:25:35AM SO I WANT TO THANK YOU FOR BEING SO GRACIOUS TO COME HERE
9:25:38AM AND HELP US WITH THAT.
9:25:39AM THANK YOU SO MUCH.
9:25:41AM >>CRAIG LATIMER: THERE'S POLITICS AND ELECTIONS.
9:25:43AM MY OFFICE DOES ELECTIONS.
9:25:45AM >>YVONNE CAPIN: YEAH, WELL, YOU KNOW, IT'S THE
9:25:48AM RESPONSIBILITY.
9:25:49AM I MEAN, THIS IS THE CITY.
9:25:50AM WE'RE GOING TO COMPLAIN ABOUT THE TURNOUT, AND WE DON'T EVEN
9:25:53AM HAVE IT ON OUR WEBSITE?
9:25:56AM THAT IS JUST BEYOND BELIEF TO ME.
9:25:58AM BUT THAT'S WHAT IT IS.
9:26:00AM >>FRANK REDDICK: I'LL YIELD TO MR. VIERA.
9:26:02AM I WANT TO MAKE A MOTION TO HAVE THE MAYOR AND THE CITY STAFF
9:26:11AM TO POST ON THEIR WEBSITE THE CITY ELECTION, THE POLLING
9:26:17AM SITES --
9:26:18AM >>YVONNE CAPIN: SECOND.
9:26:19AM >>FRANK REDDICK: -- THE TIME OF OPERATION THAT IT WILL BE
9:26:21AM OPEN SO THAT THE PUBLIC WILL BE AWARE THAT GOES ON THE CITY
9:26:27AM WEBSITE, THEY'LL BE AWARE THERE IS A CITY ELECTION.
9:26:35AM SO THAT'S THE LEAST THE ADMINISTRATION CAN DO.
9:26:40AM >>LUIS VIERA: COUNCILMAN SUAREZ.
9:26:41AM >>MIKE SUAREZ: IF YOU COULD, CHAIR, COULD YOU ADD IN A LINK
9:26:43AM TO THE SUPERVISOR OF ELECTION WEBSITE, WHICH EVEN HAS MORE
9:26:46AM INFORMATION ABOUT VOTING AND EVERYTHING ELSE?
9:26:48AM IT'S GREAT TO HAVE IT ON OURS, JUST IN CASE THERE ARE
9:26:51AM ADDITIONAL QUESTIONS THAT THEY HAVE A HYPERLINK THAT GOES
9:26:53AM DIRECTLY TO THE SUPERVISOR OF ELECTIONS.
9:26:54AM >>FRANK REDDICK: YEAH, I WOULD INCLUDE THAT AS PART OF THE
9:26:56AM MOTION.
9:26:56AM >>MIKE SUAREZ: THANK YOU.
9:26:58AM I APPRECIATE THAT.
9:26:58AM >>YVONNE CAPIN: I SECOND THAT.
9:27:00AM >>LUIS VIERA: MOTION BY COUNCILMAN REDDICK, SECOND BY
9:27:06AM COUNCILWOMAN CAPIN.
9:27:08AM ALL IN FAVOR.
9:27:10AM >>CRAIG LATIMER: THANK YOU VERY MUCH FOR YOUR TIME.
9:27:11AM >>YVONNE CAPIN: THANK YOU.
9:27:12AM >>FRANK REDDICK: ALL RIGHT.
9:27:12AM WE GO TO ITEM NUMBER 2.
9:27:28AM >>LUIS VIERA: THANK YOU VERY MUCH.
9:27:29AM IT IS MY GREAT PLEASURE HERE TODAY TO PRESENT A TAMPA CITY
9:27:32AM COUNCIL COMMENDATION TO A VERY SPECIAL MAN AND HIS FAMILY,
9:27:35AM MR. ROBERTO PIZANO, WHO IS HERE WITH HIS SON, RAFAEL PIZANO,
9:27:40AM WHO IS ALSO WITH TAMPA FIRE RESCUE.
9:27:43AM HIS DAUGHTERS, KATE PIZANO AND CARMEN PIZANO, SOON TO BE
9:27:48AM DAUGHTER-IN-LAW LINDA VARGO, AND MIGUEL ROSALES.
9:27:54AM WE ARE HONORED TO HAVE A GREAT MANY GUESTS WITH US TODAY.
9:27:57AM I'M NOT GOING TO TAKE THE TIME TO NAME EVERYBODY.
9:27:59AM I KNOW WE HAVE MARILYN ALVAREZ WITH THE SHERIFF'S OFFICE,
9:28:03AM PEPE PERADO WITH HILLSBOROUGH COUNTY FIREFIGHTERS.
9:28:07AM WE HAVE COLONEL JULIE REYES, JUDGE JERRY SMITH.
9:28:11AM MARCIA WITH CONGRESSWOMAN KATHY CASTOR'S OFFICE.
9:28:15AM PEDRO FUENTES, 16-YEAR POLITICAL PRISONER FROM CUBA.
9:28:20AM HONORED TO HAVE YOU HERE.
9:28:21AM LAST, CERTAINLY NOT LEAST, MY DEAR FRIEND, COLONEL ORLANDO
9:28:24AM RODRIGUEZ, AND THERE HE IS, WHO I LOVE TO DEATH.
9:28:28AM WE ARE HERE TODAY TO GIVE A TAMPA CITY COUNCIL COMMENDATION
9:28:31AM TO A MAN WHO IS A VERY, VERY SPECIAL MAN, AND THIS IS A
9:28:34AM VERY, VERY, VERY SPECIAL DATE FOR THIS MAN.
9:28:37AM IN 1961, THIS MAN, WHO IS HERE BEFORE US WAS CAPTURED WHEN
9:28:42AM HE WAS IN COMBAT -- [BELLS]
9:28:46AM WOW, WHAT WAS THAT?
9:28:47AM WHEN HE WAS IN COMBAT IN CUBA, AND WOULD BE HELD AS A
9:28:51AM POLITICAL PRISONER, NOT FOR 18 DAYS, NOT FOR 1.8 YEARS, BUT
9:28:55AM FOR 18 YEARS, THIS MAN WAS A POLITICAL PRISONER IN CUBA.
9:29:02AM I COULDN'T EVEN BEGIN TO IMAGINE THE HELL THAT THIS MAN WENT
9:29:05AM THROUGH.
9:29:06AM HE'S TALKED ABOUT IT BEFORE.
9:29:07AM WE WON'T GET INTO IT HERE, BUT JUST TO NOTE IT IS
9:29:10AM COMPELLING, AND IT IS WORTHY OF SO MUCH RESPECT.
9:29:13AM IN 1978, THE UNITED STATES UNDER PRESIDENT JIMMY CARTER
9:29:17AM WOULD NEGOTIATE TO HAVE 3600 POLITICAL PRISONERS FROM CUBA
9:29:20AM RELEASED. THIS MAN WOULD BE ONE OF THEM.
9:29:23AM IN FEBRUARY OF 1979, 40 YEARS AGO THIS MONTH, THIS MAN WOULD
9:29:29AM BE RELEASED AS A POLITICAL PRISONER, AND WOULD COME HERE TO
9:29:31AM THE UNITED STATES.
9:29:33AM WHAT MAKES ROBERTO SPECIAL IS NOT JUST HIS CONNECTIVITY, BUT
9:29:38AM WHAT HE DID WHEN HE GOT OUT.
9:29:40AM I COULDN'T EVEN IMAGINE BEING IN PRISON FOR 1.8 YEARS OR 18
9:29:45AM DAYS, MUCH LESS 18 YEARS.
9:29:48AM AND AFTER THIS MAN GOT OUT, HE DID MANY THINGS.
9:29:51AM HE SPOKE UP FOR HIS VALUES.
9:29:53AM HE SPOKE UP FOR HIS WORLD VIEW.
9:29:55AM HE SPOKE OUT FOR A FREE CUBA, AND HE RAISED A FAMILY,
9:29:59AM INCLUDING THREE CHILDREN, WHO REVERE AND RESPECT THIS MAN
9:30:02AM BEYOND ALL THAT CAN BE REVERED AND RESPECTED.
9:30:05AM WE KNOW WHAT MAKES TAMPA UNIQUE.
9:30:06AM WHAT MAKES TAMPA UNIQUE AMONG SO MANY THINGS IS THE STORIES
9:30:09AM OF THE PEOPLE.
9:30:10AM IT'S OUR AMERICAN JOURNEYS AS IMMIGRANTS.
9:30:13AM ONE OF THE GREAT AMERICAN STORIES HERE IN THE CITY OF TAMPA
9:30:16AM CONSTANTLY IS THAT OF THE CUBAN AMERICAN COMMUNITY AND ONE
9:30:19AM OF THE GREATEST PRESENCES IN THE CUBAN AMERICAN COMMUNITY IS
9:30:22AM PEOPLE LIKE MY FAMILY, LIKE THE PIZANO FAMILY, WHO ARE CUBAN
9:30:27AM EXILES.
9:30:28AM MR. MANISCALCO'S FAMILY AS WELL, WHO LEFT CUBA IN THE CASTRO
9:30:32AM ERA.
9:30:32AM I CAN TELL YOU BEING A SON OF CUBAN EXILES THAT STORIES LIKE
9:30:37AM THIS, OF POLITICAL PRISONERS, PEOPLE WHO ARE ON THE FRONT
9:30:41AM LINE AND THE TYRANNY THAT WE HAVE HAD IN CUBA FOR SO MANY
9:30:46AM DECADES, OF SACRED.
9:30:47AM THEY WERE SACRED TO ME GROWING UP, AND THAT IS WHY I AM SO
9:30:51AM PRIVILEGED TO HONOR THIS MAN.
9:30:53AM WHEN I THINK OF ROBERTO PIZANO AND ALL OF THE TERRIBLE
9:30:56AM THINGS HE'S GONE THROUGH IN LIFE, I THINK ABOUT MY FAVORITE
9:30:58AM POEM BY JOSE MARTI WHERE IT TALKS ABOUT A MAN, WHETHER HE
9:31:02AM MEETS A FRIEND OR FOE, HE HAS FOR THEM A WHITE ROSE.
9:31:06AM AND THIS IS A MAN THAT GIVES EVERYBODY A WHITE ROSE.
9:31:08AM EVEN THOSE WHO HAVE DONE GREAT INJUSTICE TO HIM.
9:31:12AM THAT POEM READS JUST SHORTLY, I HAVE A WHITE ROSE TO TEND IN
9:31:17AM JULY AS IN JANUARY.
9:31:18AM I GIVE IT TO THE TRUE FRIEND WHO OFFERS HIS FRANK HAND TO ME
9:31:21AM AND FOR THE CRUEL ONE WHOSE BLOWS BREAK THE HEART BY WHICH I
9:31:25AM LIVE, THISTLE NOR THORN DO I GIVE: FOR HIM, TOO, I HAVE A
9:31:28AM WHITE ROSE.
9:31:29AM WE HONOR THIS MAN.
9:31:30AM THIS MAN AND HIS FAMILY HAS OFTEN COME TO US AND SPOKEN
9:31:35AM BEFORE US AND ADVOCATED.
9:31:36AM SOMETIMES WE AGREE WITH HIM.
9:31:38AM SOMETIMES WE DISAGREE WITH HIM BUT WE ALWAYS RESPECT HIM AND
9:31:42AM RESPECT HIS STORY.
9:31:42AM TODAY, WE JUST DON'T RESPECT HIS STORY, BUT WE HONOR HIS
9:31:46AM STORY.
9:31:46AM SO IT IS MY PLEASURE, AND MY REAL HONOR TO GIVE THIS MAN,
9:31:50AM MR. ROBERTO PIZANO, AND TO THE ENTIRE PIZANO FAMILY, A TAMPA
9:31:54AM CITY COUNCIL COMMENDATION, AND I ALSO HAVE, IF I MAY, A
9:31:58AM STATUE OF JOSE MARTI THAT I ALSO WANT TO GIVE TO YOU.
9:32:04AM [ APPLAUSE ]
9:32:05AM AND WE ALSO HAVE -- BECAUSE I CAN'T THINK OF ANYBODY WHOSE
9:32:21AM LIFE BETTER EXEMPLIFIES THE VALUE OF THAT POET AND THAT
9:32:25AM WARRIOR, JOSE MARTI THAT MR. ROBERTO PIZANO.
9:32:29AM ALSO MARILYN ALVAREZ WITH THE SHERIFF'S OFFICE WHO HAS A
9:32:33AM CITATION FOR MR. PIZANO.
9:32:35AM >> ON BEHALF OF SHERIFF CHRONISTER, WE WANT TO PRESENT THIS
9:32:41AM FOR HIS 40th ANNIVERSARY.
9:32:44AM >> THANK YOU.
9:32:46AM [ APPLAUSE ]
9:32:56AM >> MY ENGLISH NO GOOD.
9:33:00AM I PREFER MY DAUGHTER FOR ME.
9:33:11AM >> FIRST OF ALL, I WOULD LIKE TO THANK THE UNITED STATES OF
9:33:18AM AMERICA FOR OPENING ITS ARMS TO ME AND FOR FREEDOM.
9:33:26AM THAT THE TYRANNY THAT HAS BEEN IMPOSED ON MY COUNTRY FOR
9:33:35AM OVER 60 YEARS DENIED ME.
9:33:43AM >> [SPEAKING SPANISH]
9:33:45AM >> I WOULD BE REMISS -- I WOULD BE REMISS IF I DIDN'T THANK
9:33:52AM TAMPA BECAUSE SHE'S MY ADOPTIVE MOTHER.
9:33:55AM >> [SPEAKING SPANISH]
9:34:02AM >> WHEN I CHOSE TAMPA TO BE MY HOME, IT WAS BECAUSE I AM A
9:34:06AM LOYAL FOLLOWER OF THIS GREAT MAN, REFERRING TO JOSE MARTI.
9:34:16AM >> ALWAYS REFER TO TAMPA AS HIS LOYAL HOME.
9:34:25AM >> [SPEAKING SPANISH]
9:34:26AM CUBAN EXILES HAVE ADOPTED THE PHRASE THAT TAMPA IS THE CRIB
9:34:36AM OF THE INDEPENDENCE.
9:34:46AM >> ALL OF THE BASES THAT JOSE MARTI TOOK TO CUBA DURING THE
9:34:51AM REVOLUTION WERE ALL BASED HERE IN TAMPA, ALL OF HIS
9:34:54AM PRINCIPLES.
9:34:55AM >> [SPEAKING SPANISH]
9:34:58AM >> SO THAT CUBA'S INDEPENDENCE FROM SPAIN WOULD HAVE BEEN
9:35:01AM REALITY.
9:35:05AM >> [SPEAKING SPANISH]
9:35:25AM [ NO ENCODER ]
9:35:40AM [ NO ENCODER ]
9:35:51AM [ NO ENCODER ]
9:35:56AM >> [SPEAKING SPANISH]
9:35:58AM >> THE MINISTER OF EXTERNAL AFFAIRS IN CUBA RECENTLY MADE
9:36:01AM SOME COMMENTS ABOUT HUMANITARIAN AID BEING DIRECTED TOWARDS
9:36:04AM VENEZUELA.
9:36:10AM >> [SPEAKING SPANISH]
9:36:17AM >> HE WAS STATING THAT CUBA HAS MORE THAN 60 YEARS OF
9:36:21AM REVOLUTION, AND THEY DO NOT WANT TO GIVE UP ON THAT.
9:36:25AM >> [SPEAKING SPANISH]
9:36:30AM >> I HAVE MORE THAN THAT TIME DEDICATED TO FREEDOM OF CUBA
9:36:36AM AND TRYING TO FREE TYRANNY.
9:36:41AM >> [SPEAKING SPANISH]
9:36:53AM >> AS LONG AS I HAVE BREATH IN ME, I WILL CONTINUE TO FIGHT,
9:36:57AM AND I HAVE OVER 80 YEARS.
9:36:59AM [ APPLAUSE ]
9:37:06AM >> THANK YOU!
9:37:14AM THANK YOU TO ALL THE MEMBERS OF THE CITY COUNCIL.
9:37:17AM THANK YOU.
9:37:17AM THANK YOU SO MUCH.
9:37:24AM >>FRANK REDDICK: MR. MANISCALCO.
9:37:26AM >>GUIDO MANISCALCO: [SPEAKING SPANISH]
9:37:42AM >> THANK YOU FOR ALLOWING ME TO BE HERE.
9:37:47AM >>FRANK REDDICK: MS. CAPIN.
9:37:47AM >>YVONNE CAPIN: [SPEAKING SPANISH]
9:38:29AM >> THANK YOU.
9:38:32AM [ APPLAUSE ]
9:38:40AM >>FRANK REDDICK: ALL RIGHT.
9:39:02AM WE WILL GO TO PUBLIC COMMENT, MR. SHELBY.
9:39:05AM >>MARTIN SHELBY: YES, THANK YOU, MR. CHAIRMAN.
9:39:07AM GOOD MORNING.
9:39:07AM THE TAMPA CITY COUNCIL WELCOMES PUBLIC COMMENT AT THIS TIME.
9:39:10AM 30 MINUTES HAVE BEEN SET ASIDE THIS MORNING FOR ITEMS NOT
9:39:14AM SET FOR A PUBLIC HEARING.
9:39:15AM IF YOU'RE HERE TO SPEAK ON A MATTER THAT IS SET FOR A PUBLIC
9:39:18AM HEARING, YOU WILL HAVE THAT OPPORTUNITY LATER DURING TODAY'S
9:39:22AM MEETING.
9:39:22AM SPEAKERS ADDRESSING ITEMS ON THE AGENDA WILL BE GIVEN
9:39:25AM PREFERENCE BEFORE CITIZENS SPEAKING ON NON-AGENDA MATTERS.
9:39:28AM EACH SPEAKER IS GIVEN THREE MINUTES.
9:39:30AM PLEASE BEGIN BY STATING YOUR NAME FOR THE RECORD AND IT IS
9:39:35AM REQUESTED THAT YOUR COMMENTS ARE NOT DIRECTED PERSONALLY TO
9:39:38AM A COUNCIL MEMBER OR A STAFF MEMBER, BUT RATHER ISSUES
9:39:42AM DIRECTED TO THE COUNCIL AS A BODY.
9:39:44AM CITY COUNCIL APPRECIATES YOUR COOPERATION IN MAINTAINING
9:39:48AM ORDERLY CONDUCT AND PROPER DECORUM.
9:39:52AM THANK YOU.
9:39:53AM >> HI.
9:39:53AM I AM WORLDWIDE GLOBAL SOVEREIGN DESPOT FOR THE LIVING WORLD,
9:40:01AM FOR THE RECORD.
9:40:01AM I NEED TO EXPLAIN THIS.
9:40:10AM THIS RELATIONSHIP BETWEEN AMERICA AND U.S.
9:40:14AM DO WE HAVE A REAL RELATIONSHIP, OR ARE YOU STILL PRETENDING
9:40:21AM TO BE OUR OCCUPIERS AS WELL?
9:40:24AM JUST ASKED THE CUBAN MAN TALKING ABOUT BEING POLITICAL
9:40:29AM PRISONER, US NATIVES HAVE BEEN POLITICAL PRISONERS FOR 2,019
9:40:35AM YEARS.
9:40:36AM NOW, THE FREEDOM PROCESS HAVE ALREADY WENT THROUGH, AS
9:40:41AM MR. TRUMP SAT ON THAT SEAT FOR TWO YEARS TO BIDE TIME, TO
9:40:47AM WHERE THAT TIME HAS BEEN BOUGHT ALREADY AS WELL.
9:40:51AM TRUMP AND HILLARY, THAT'S YOUR-ALLS BUSINESS PEOPLE FOR
9:40:56AM AFRICA AND EUROPE.
9:40:56AM OKAY.
9:40:58AM AFRICA AND EUROPE.
9:40:59AM WE'RE NOT BOOTING YOU ALL OUT, BUT YOU HAVE TO BEHAVE IN MY
9:41:03AM LANDS.
9:41:03AM YOU CAN'T BE ACTING LIKE POLICE OVER MY AMERICANS.
9:41:07AM WE AMERICANS ARE THE KINGS AND QUEENS HERE.
9:41:10AM ABORIGINES ALL AROUND THE YEAR, QUEENS AND KINGS IN ALL YOUR
9:41:14AM NATIONS AND ALL YOUR PLACES.
9:41:16AM AFRICA, KINGS AND QUEENS.
9:41:19AM ASIA, TIBET AND ASIA, KINGS AND QUEENS.
9:41:23AM HERE IN AMERICA, YOU-ALL, NOBLE FAMILIES TO YOUR NORTH AND
9:41:28AM THE NOBLE FAMILIES TO YOUR SOUTH.
9:41:29AM AND WE COVER PRACTICALLY THE WHOLE ENTIRE GLOBE.
9:41:34AM SPREAD MY PEOPLE THROUGHOUT ALL FOUR ENDS OF THE GLOBE.
9:41:38AM AND WITHIN SOVEREIGNTY, WITHIN THE GLOBAL SOVEREIGNTY, WE DO
9:41:41AM MAINTAIN POWER TO CONTROL AND AUTHORITY OVER THE ENTIRE
9:41:45AM GLOBE.
9:41:45AM WE ARE THE LIVING FAMILY.
9:41:47AM WE ARE THE 13th FAMILY.
9:41:48AM WE ARE THE LIVING TRIBUNAL COURT.
9:41:51AM U.N., U.S. AND EUROPE, WHEN ARE YOU ALL GOING TO GET ALONG?
9:41:57AM YOU KNOW, YOU ALL GOT US IN THE MIDDLE OF YOUR FIGHT.
9:42:00AM THIS FIGHT DOES NOT BELONG TO MY PEOPLE.
9:42:02AM THIS FIGHT DOES NOT BELONG TO THE COMMUNITIES.
9:42:04AM WHY ARE YOU WARRING A COMMERCIAL, NO-MONEY WAR AGAINST ALL
9:42:09AM THE PEOPLE?
9:42:10AM AND WHY ARE YOU MAKING UP RACES LIKE WHITE AND BLACK TO
9:42:13AM FIGHT AGAINST MY PEOPLE?
9:42:14AM WHITE AND BLACK, IF YOU DON'T BEHAVE IN MY LANDS, YOU'RE
9:42:18AM GOING TO BECOME A SERVANT OF A SERVANT.
9:42:20AM NO, YOU'RE NOT GOING BACK TO YOUR LANDS BECAUSE YOU
9:42:23AM SHOULDN'T HAVE COME OVER HERE AND INVADED.
9:42:25AM THIS IS YOUR HOME, WHETHER YOU LIKE IT OR NOT.
9:42:27AM WELL -- DIFFERENT BEAT.
9:42:33AM ALREADY TOLD YOU, WE THE SPIRIT HAVE TAKEN OUR CONTROLS BACK
9:42:38AM OVER.
9:42:38AM COMMERCIAL, YOU ARE LAUNDERING MONEY THROUGHOUT MY ENTIRE
9:42:42AM GLOBE.
9:42:43AM FINANCIAL CRIMES, KEEP AN EYE ON ALL OF THESE ELECTIONS
9:42:49AM THROUGH THE GLOBE.
9:42:50AM PUTIN TRIED TO ERECT A SLAVE SYSTEM.
9:42:53AM YOU KEEP IT, YOU PUNISH FOR IT.
9:42:58AM [ BELL SOUNDS ]
9:42:59AM >> GOOD MORNING.
9:42:59AM MY NAME IS DIANA KLEIN.
9:43:02AM I CAME HERE TODAY ON BEHALF OF OUR PREBORN NEIGHBORS WHO ARE
9:43:06AM BEING MURDERED IN THE WOMB AT THE RATE OF 200 A WEEK IN
9:43:09AM TAMPA UNDER YOUR WATCH AND JURISDICTION.
9:43:12AM IT'S TIME TO END THE BLOODSHED.
9:43:14AM IT IS MY DUTY AS A CHRISTIAN TO INFORM YOU OF YOUR
9:43:18AM GOD-ORDAINED DUTY TO PRESERVE JUSTICE AND TO PUNISH EVIL.
9:43:22AM ROE V. WADE IS NOT A LAW.
9:43:24AM IT IS A FUNDAMENTALLY FLAWED COURT OPINION THAT IS TO BE
9:43:27AM COMPLETELY IGNORED.
9:43:29AM BECAUSE YOU HAVE BEEN GIVEN THE SACRED TRUST OF PROTECTING
9:43:32AM INNOCENT LIFE, I'M EXHORTING YOU TO BRING EVERYONE INVOLVED
9:43:35AM IN THE MURDER OF A BABY IN THE WOMB TO JUSTICE.
9:43:37AM YOU HAVE THE POWER AND DUTY TO INTERPOSE ON BEHALF OF THE
9:43:41AM PREBORN CHILDREN IN TAMPA.
9:43:42AM THE FIRST STEP IS TO LEARN HOW TO INTERPOSE, WHICH YOU CAN
9:43:45AM DO BY GOING ONLINE AND STUDYING THE DOCTRINE OF THE LESSER
9:43:49AM MAGISTRATES AT DEFY TYRANTS.COM.
9:43:51AM YOU CAN ALSO GO TO FREE THE STATES.COM TO LEARN HOW OTHERS
9:43:55AM ACROSS THE NATION ARE PROACTIVELY SEEKING LEGISLATION THAT
9:43:58AM WILL CRIMINALIZE MURDER IN THE BOOM.
9:44:02AM GOD'S WORD TELLS US THAT WHEN THE SENTENCE AGAINST AN EVIL
9:44:05AM DEED IS NOT EXECUTED SPEEDILY AT THE HEART OF THE CHILDREN
9:44:08AM OF MAN IS FULLY SET TO DO EVIL.
9:44:10AM THAT'S AN ECCLESIASTES 8:11.
9:44:14AM WE CULTIVATED A CULTURE OF DEATH IN TAMPA AND ACROSS THIS
9:44:18AM NATION THAT NEEDS TO COME TO AN END.
9:44:20AM WE NEED TO HUMBLE OURSELVES AND PRAY AND SEEK GOD'S FACE AND
9:44:24AM TURN FROM THE WICKED WAYS.
9:44:26AM THEN GOD WILL HEAR FROM HEAVEN AND FORGIVE OUR SIN AND HEAL
9:44:29AM OUR LAND.
9:44:30AM GOD'S WORD TELLS US THAT WE ARE FEARFULLY AND WONDERFULLY
9:44:33AM MADE IN GOD'S IMAGE AND THAT CHILDREN ARE A GIFT FROM GOD,
9:44:36AM AND THAT WE ARE TO OPEN OUR MOUTH FOR THE NEEDY AND TO
9:44:39AM DEFEND THE FATHERLESS AND TO RESCUE THOSE WHO ARE BEING LED
9:44:42AM TO THE SLAUGHTER.
9:44:43AM ALL OF US MUST DO OUR PART IN LOVING, NURTURING, AND
9:44:47AM PROTECTING OUR FELLOW IMAGE BEARERS IN THE WOMB, BECAUSE
9:44:50AM LOVE BEGINS IN THE WOMB.
9:44:51AM I WELCOME EACH OF YOU AND EVERYONE WITHIN THE SOUND OF MY
9:44:56AM VOICE TO JOIN ME IN FRONT OF THE MURDER MILLS IN TAMPA TO
9:44:59AM HELP RESCUE THE PREBORN FROM A BRUTAL DEATH.
9:45:02AM INVITE YOUR PASTORS TO JOIN AS WELL.
9:45:04AM THERE ARE LOTS OF RESOURCES IN TAMPA FOR WOMEN WHO ARE WITH
9:45:08AM CHILD.
9:45:09AM AND YOU CAN HELP ME GET THIS INFORMATION INTO THE HANDS OF
9:45:12AM THOSE MURDER-MINDED MOTHERS.
9:45:14AM COME SEE FOR YOURSELF HOW HELPLESS THE BABIES ARE AND HOW
9:45:17AM YOU MUST INTERPOSE ON THEIR BEHALF.
9:45:19AM YOU CAN FIND OUT MORE ABOUT THE MISSIONARY WORK THAT I DO
9:45:23AM FOR THE PREBORN AT lovethepreborn.com.
9:45:26AM THAT'S lovethepreborn.com.
9:45:30AM THANK YOU.
9:45:33AM [ BELL SOUNDS ]
9:45:36AM >> GOOD MORNING.
9:45:37AM COUNCIL MEMBERS.
9:45:40AM MY NAME IS RICHARD ROMEO.
9:45:41AM 1309 EAST NORTH BAY, TAMPA, FLORIDA.
9:45:45AM I'M HERE BEFORE SEEKING PROPERTY RIGHTS RELIEF.
9:45:49AM I HAVE TRIED TO GET PROPERTY RELEASE FROM HONORABLE FRANK
9:45:56AM REDDICK.
9:45:57AM I HAVE SENT SEVERAL LETTERS, AND I HAVE COME HERE PERSONALLY
9:46:02AM TO THE OFFICE.
9:46:05AM I HAVE TRIED.
9:46:07AM IN ADDITION, I ALSO SPOKE TO LISA ARUSKI AND ALSO HONORABLE
9:46:13AM CHARLIE MIRANDA STAFF WITHOUT ANY SUCCESS.
9:46:16AM I AM SEEKING A FORMAL RELIEF FROM THE ELECTION OF THE CITY
9:46:21AM INSPECTORS WHO ARE SERIOUSLY -- WHO I SERIOUSLY BELIEVE HAVE
9:46:25AM BEEN IN COLLUSION WITH DEVELOPERS TO STEAL PROPERTIES IN MY
9:46:28AM NEIGHBORHOOD, ESPECIALLY MY OWN AT 1309 EAST NORTH BAY AND
9:46:32AM 1306.
9:46:35AM DEVELOPERS WHO COMES INTO THE NEIGHBORHOOD, I STRONGLY
9:46:41AM BELIEVE THIS IS A PART OF AN ONGOING GENTRIFICATION SCHEME
9:46:46AM FOR TAKING CITY-OWNED PROPERTIES THAT'S OWNED BY
9:46:52AM INDIVIDUALS.
9:46:53AM I BELIEVE A MAJOR NEGATIVE IMPACT AND HAS BEEN A SYSTEMATIC
9:47:01AM REMOVAL OF PEOPLE FROM THEIR HOMES IN MY NEIGHBORHOOD AND
9:47:05AM THE DELUSION AND BREAKUP OF THE VOTER STRENGTH OF BLACK
9:47:09AM VOTERS IN THE COMMUNITY AND NEARBY NEIGHBORS.
9:47:12AM FINALLY, I FEEL THAT I'M A VICTIM OF THE CITY INSPECTOR AND
9:47:18AM CONTRACTOR AND DEVELOPERS WHO ARE ENGAGING IN A NEFARIOUS
9:47:22AM AND ILLEGAL SCHEME TO STEAL OUR PROPERTIES AT A VERY MINIMUM
9:47:27AM COST TO DEVELOPERS AND CONTRACTORS.
9:47:30AM I HUMBLY THANK THIS BODY FOR ALL THE HELP I CAN GET AND WILL
9:47:40AM ASSIST ME IN THIS CRISIS.
9:47:43AM >>FRANK REDDICK: THANK YOU.
9:47:44AM THE NEXT SPEAKER.
9:47:44AM >> THANK YOU.
9:47:48AM >> MR. CHAIRMAN, COUNCIL MEMBERS, TODD PRESSMAN, EAST LAKE
9:47:51AM ROAD, NUMBER 102 IN PALM HARBOR, FLORIDA.
9:47:54AM I'M HERE FOR TWO SEPARATE ISSUES TODAY.
9:47:56AM THE FIRST HAS TO DO WITH TENT PERMITS AND USE REQUIREMENTS.
9:48:01AM THE STAFF HAS BEEN VERY BUSY OVER THE LAST YEAR ADDING WHAT
9:48:05AM WE CONSIDER TO BE TREMENDOUS BUREAUCRATIC ELEMENTS TO THAT
9:48:08AM USE.
9:48:08AM I'M HERE TODAY DIRECTLY REPRESENTING ONE OR TWO BUSINESSES
9:48:12AM AND INDIRECTLY MANY OTHERS.
9:48:14AM THIS INCLUDES WEDDINGS, FIREWORKS, CHRISTMAS TREES,
9:48:19AM GASPARILLA, ACTIVITIES AT THE STADIUM, SPORTS AUTHORITIES,
9:48:24AM SCHOOL EVENTS, CHURCHES.
9:48:25AM IT HAS A FAR-REACHING EFFECT THROUGHOUT THE COMMUNITY.
9:48:28AM THE PUBLIC HAS NOT BEEN INCLUDED WITH IT, HAS NOT BEEN A
9:48:32AM PART OF IT, AND IT WILL BE A DISASTER FOR A NUMBER OF
9:48:35AM BUSINESSES.
9:48:35AM WE WOULD LIKE TO ASK YOUR CONSIDERATION FOR REFERRAL TO THE
9:48:38AM BUILDING DEPARTMENT, SPECIFICALLY AS WE UNDERSTAND IT,
9:48:40AM MR. DAVE JENNINGS TO COME BEFORE COUNCIL BEFORE THESE ARE
9:48:43AM ENACTED SO WE CAN BE A PART OF THE PROCESS AND STOP
9:48:46AM SOMETHING THAT WE BELIEVE WILL BE VERY DETRIMENTAL TO THE
9:48:48AM BUSINESS COMMUNITY.
9:48:49AM THE SECOND ISSUE IS IN THE SAME VEIN, BUT IT HAS TO DO WITH
9:48:54AM A DIFFERENT SUBJECT REGARDING DIGITAL BILLBOARDS.
9:48:56AM I'M REPRESENTING ONE OF THE DIGITAL BILLBOARD COMPANIES.
9:49:00AM IT HAS BEEN A PHENOMENALLY SUCCESSFUL PROGRAM IN THE CITY.
9:49:02AM IN FACT, THE CITY HAS USED THE DIGITAL BILLBOARDS FIVE TO
9:49:07AM SEVEN CAMPAIGNS A YEAR OVER THE MANY YEARS, ABOUT 50
9:49:10AM CAMPAIGNS HAVE BEEN DONE FOR PUBLIC SERVICE, COMMUNITY
9:49:13AM SERVICE.
9:49:13AM WE'RE PROUD TO SAY THERE'S NOT BEEN A SINGLE COMPLAINT
9:49:17AM LODGED AT THE CITY WITH REGARD TO THE DIGITAL BILLBOARDS,
9:49:21AM WHICH TRIGGER TREMENDOUS REDUCTION, MULTIPLE REDUCTIONS IN
9:49:25AM THE PAPER POSTED BILLBOARDS.
9:49:28AM WE LIKE TO ALSO ASK FOR YOUR HELP AND ASK YOU CONSIDER
9:49:32AM REFERRAL TO THE CITY ATTORNEY'S OFFICE TO JUST START OR
9:49:34AM INITIATE A DISCUSSION ABOUT SOME TWEAKS TO THE CURRENT
9:49:38AM ORDINANCES TO ALLOW FOR A FEW MORE DIGITAL BILLBOARDS, WHICH
9:49:41AM WOULD BE MANY MULTIPLE PAPER BOARDS COMING DOWN UNDER THE
9:49:45AM FORMULA, AND PERHAPS LOOKING AT A COUPLE OF ADDITIONAL
9:49:48AM STREET SEGMENTS.
9:49:48AM SO, IN SUMMARY, I'M HERE TO ASK YOU FOR TWO SEPARATE PIECES
9:49:54AM OF HELP FOR YOUR CONSIDERATION, TWO SEPARATE REFERRALS ON
9:49:56AM THESE ISSUES, WHICH ARE VERY IMPORTANT TO THE CITY, AND ONE
9:49:59AM WHICH WE THINK IS VERY DISASTROUS FOR THE BUSINESS
9:50:02AM COMMUNITY.
9:50:02AM THANK YOU.
9:50:02AM MR. CHAIRMAN, BOARD MEMBERS.
9:50:05AM >>CHARLIE MIRANDA: MR. CHAIRMAN, ON THE DIGITAL BILLBOARD,
9:50:08AM IF I RECALL, YEARS BACK, I BELIEVE THEN -- AND IT TOOK,
9:50:11AM BELIEVE ME, A LONG, LONG TIME.
9:50:13AM A YEAR OR MOE TO -- A YEAR OR MORE TO GET THIS RESOLVED.
9:50:17AM I'M GOING BACK IN HISTORY SO I'M GOING BY MEMORY.
9:50:19AM BUT I THINK IT WAS A RATIO OF 1 TO 4 OR 1 TO 5, SOMETHING
9:50:23AM LIKE THAT.
9:50:24AM >> HIGHER THAN THAT.
9:50:25AM >>CHARLIE MIRANDA: SOMETHING LIKE THAT.
9:50:26AM AND I THINK THAT THE LEAD ATTORNEY AT THAT TIME FOR THE CITY
9:50:30AM WAS GINA GRIMES.
9:50:31AM I THINK SHE MIGHT HAVE WROTE THAT ORDINANCE.
9:50:34AM I'M NOT SURE.
9:50:34AM DO YOU KNOW ANYTHING, MR. ATTORNEY?
9:50:37AM >> WE WORKED CLOSE WITH MR. FLETCHER.
9:50:40AM >>CHARLIE MIRANDA: I DON'T KNOW WHO IT WAS, BUT I KNOW SHE
9:50:42AM WAS INVOLVED.
9:50:43AM >> I MYSELF AND CLEAR CHANNEL ATTORNEYS WORK WITH
9:50:45AM MR. FLETCHER VERY CLOSELY.
9:50:48AM >>CHARLIE MIRANDA: CHIP FLETCHER?
9:50:51AM >> YES, SIR.
9:50:51AM >>CHARLIE MIRANDA: IF ANYBODY KNOWS, THOSE TWO INDIVIDUALS
9:50:54AM KNOW.
9:50:54AM I NEVER HEARD WHAT YOU JUST SAID NOW ON BOTH OF THESE
9:50:57AM ISSUES.
9:50:58AM SO IT JUST CAME UP RIGHT NOW.
9:50:59AM SO YOU'RE TALKING ABOUT LOOKING AT -- HAVE YOU TALKED TO
9:51:04AM ANYBODY IN THE ADMINISTRATION?
9:51:06AM >> WE TOUCHED BASE WITH THE CITY ATTORNEY'S OFFICE ON
9:51:09AM PROCEDURE, AND WHAT WE'RE LOOKING TO DO IS JUST TO INITIATE
9:51:13AM THAT DISCUSSION.
9:51:13AM THE CITY ATTORNEY'S OFFICE, NOT SPEAKING FOR THEM, DIDN'T
9:51:17AM WANT TO MOVE FORWARD UNLESS THEY HAD A REFERRAL FOR CONSULT.
9:51:20AM WE'RE SEEKING TO INITIATE THE DISCUSSION, SEE WHAT WE CAN
9:51:22AM WORK OUT AND SEE IF WE CAN BRING SOMETHING TO COUNCIL.
9:51:25AM >>CHARLIE MIRANDA: PLEASE CORRECT ME IF I MISTAKENLY SAY
9:51:28AM SOMETHING BECAUSE WE'RE GOING BACK IN HISTORY TEN YEARS,
9:51:31AM MAYBE MORE.
9:51:32AM >> YES, SIR.
9:51:33AM >>CHARLIE MIRANDA: THERE WERE CERTAIN AREAS OF THE CITY THAT
9:51:35AM COULD NOT BE -- ANY CHANGES MADE WITH DIGITAL BILLBOARD, AM
9:51:38AM I CORRECT?
9:51:39AM >> THE GRAND MAJORITY OF THE CITY IS EXCLUDED.
9:51:41AM >>CHARLIE MIRANDA: I'M TRYING TO REMEMBER ALL OF IT.
9:51:44AM VOLUMINOUS AMOUNT OF DISCUSSION ON THIS.
9:51:47AM >> RESTRICTION, RESTRICTION AFTER RESTRICTION.
9:51:49AM VERY, VERY TIGHT.
9:51:50AM >>CHARLIE MIRANDA: I REMEMBER THAT.
9:51:51AM YOU STATED THAT THERE WERE NO COMPLAINTS EVER?
9:51:53AM >> WE HAVE NEVER RECEIVED OR HEARD A SINGLE COMPLAINT THAT
9:51:56AM THE CITY HAS RECEIVED OVER THE PROGRAM FOR 8 TO 10 YEARS,
9:52:00AM AND AS I INDICATED, THE CITY ITSELF HAS BEEN EXTREMELY
9:52:03AM ACTIVE WITH THEIR CAMPAIGNS.
9:52:05AM >>CHARLIE MIRANDA: THAT'S NUMBER ONE.
9:52:06AM THE OTHER ISSUE, YOU SPOKE ABOUT TENTS.
9:52:09AM >> YES, SIR.
9:52:09AM >>CHARLIE MIRANDA: WHAT SIZE TENTS?
9:52:11AM >> WELL, OUR UNDERSTANDING IS, INITIATES A VERY SMALL LEVEL,
9:52:14AM 10 BY 10.
9:52:15AM THAT WOULD INCLUDE WEDDINGS, PARTIES, ALL THE TENTS YOU SEE
9:52:18AM AT GASPARILLA, AT THE STADIUM, INDUSTRIES LIKE THE
9:52:21AM FIREWORKS, CHRISTMAS TREES, IT WOULD BE EXTREMELY
9:52:25AM WIDESPREAD.
9:52:27AM >>CHARLIE MIRANDA: I DON'T KNOW ABOUT OTHER COUNCIL MEMBERS,
9:52:29AM I NEVER HEARD OF THIS EITHER.
9:52:31AM >> IT WAS OUR UNDERSTANDING THAT THE FIRE MARSHAL -- CAN'T
9:52:33AM SPEAK FOR HIM -- BUT OUR INDICATION FROM WHAT I HEARD,
9:52:37AM EITHER THE FIRE MARSHAL WAS UNAWARE OR UNFAMILIAR WITH WHAT
9:52:40AM WAS OCCURRING OR WHAT THE CHANGES WOULD MEAN.
9:52:42AM I CAN'T SPEAK FOR HIM DIRECTLY.
9:52:43AM >>CHARLIE MIRANDA: I THINK WE OUGHT TO BRING THIS TO SOME
9:52:46AM LIGHT SOMEWHERE, AND BE THE FINALIZER OR CONTINUE WITH IT
9:52:49AM ONE WAY OR THE OTHER.
9:52:50AM FIRST, THAT WE ASK THE GENTLEMAN, MR. PRESSMAN, I BELIEVE,
9:52:57AM HOW IS THIS ORDERLY DONE?
9:52:59AM YOU HAVE TO CONTACT THE LEGAL AUTHORITIES OR THE CITY?
9:53:01AM >> IN REGARD TO THE TENT REQUIREMENTS AND USAGE, YOU MEAN,
9:53:07AM SIR?
9:53:07AM OR THE BILLBOARDS?
9:53:09AM >>CHARLIE MIRANDA: THE BILLBOARDS FIRST.
9:53:10AM >> WHAT WOULD TYPICALLY BE BEST IS HAVE INITIAL DISCUSSION
9:53:14AM WITH THE CITY ATTORNEY'S OFFICE ON WHAT WOULD BE THE BEST
9:53:17AM WAY TO PROCEED TO EVEN HAVE DISCUSSIONS.
9:53:19AM AGAIN, THEY DID NOT WANT TO DO THAT WITHOUT AT LEAST
9:53:22AM REFERRAL FROM COUNCIL.
9:53:23AM >>CHARLIE MIRANDA: I ALSO REMEMBER THERE WAS A BIG
9:53:25AM DISCUSSION WITH NEIGHBORS AND THE WHOLE CITY WAS INVOLVED.
9:53:27AM A LOT OF CITY VOTERS CAME AND SPOKE.
9:53:29AM IT WAS A GIVE AND TAKE ON BOTH SIDES.
9:53:31AM I REMEMBER THAT YEARS AGO.
9:53:32AM >> IT WORKED OUT GREAT.
9:53:33AM I MEAN, IT'S BEEN A TREMENDOUS --
9:53:35AM >>CHARLIE MIRANDA: I DON'T MIND MAKING THAT MOTION.
9:53:37AM >> THANK YOU.
9:53:37AM >>CHARLIE MIRANDA: IF SOMEBODY WOULD SECOND IT.
9:53:39AM >> I'LL SECOND.
9:53:40AM >>CHARLIE MIRANDA: TO HAVE MR. PRESSMAN SPEAK TO THE LEGAL
9:53:43AM DEPARTMENT REGARDING WHAT THE NEEDS AND NECESSITIES ARE, IF
9:53:46AM THERE ARE ANY.
9:53:47AM >> YES, SIR.
9:53:48AM >>CHARLIE MIRANDA: AND TO GO TO THAT ROUTE.
9:53:50AM >> THANK YOU.
9:53:51AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
9:53:52AM SECONDED BY MR. VIERA.
9:53:53AM IS THERE ANY DISCUSSION ON THE MOTION?
9:53:58AM >> [OFF MICROPHONE]
9:54:01AM >>CHARLIE MIRANDA: RIGHT.
9:54:03AM >>YVONNE CAPIN: SORRY.
9:54:04AM THANK YOU.
9:54:04AM >>FRANK REDDICK: ALL IN FAVOR OF THE MOTION SAY AYE.
9:54:06AM ANY OPPOSED?
9:54:11AM >>CHARLIE MIRANDA: THE SECOND ONE, I SEE TENTS EVERYWHERE.
9:54:13AM BUT WHAT I SEE MOST IN TENTS IS INDIVIDUALS WHO WANT TO
9:54:17AM UPGRADE THEIR HOUSE, AND THEY GET -- WHERE BECAUSE OF THE
9:54:26AM WAY THE HOUSES WERE BUILT, ESPECIALLY IN DISTRICT 6 AND IN
9:54:29AM DISTRICT 5 MAINLY, AND NOT THAT THERE ARE OTHERS SOMEWHERE,
9:54:33AM BUT THE MAJORITY OF THEM, THEY PUT UP A LITTLE ALUMINUM
9:54:37AM ATTACHMENT TO THE HOUSE SO THAT THEIR CAR DOESN'T GET HOT
9:54:40AM AND EVERYTHING ELSE.
9:54:41AM AND IT SAVES THE PAINT AND IT SAVES THE CAR LASTING A LITTLE
9:54:46AM LONGER, SOMEBODY PAYING 20, 30, 40 THOUSAND FOR A NEW CAR OR
9:54:50AM USED CAR, FOR THAT MATTER.
9:54:52AM THEN THEY HAVE TO TAKE IT DOWN BECAUSE THEY NEVER GOT A
9:54:55AM PERMIT.
9:54:56AM DIDN'T BUILD TO CONFORMITY.
9:54:58AM WE'VE HAD CASES HERE IN APPEALS JUST RECENTLY, SIX, SEVEN,
9:55:02AM EIGHT MONTHS AGO.
9:55:03AM I FEEL SORRY FOR THOSE PEOPLE BECAUSE THEY SIGNAL ONE, YET
9:55:08AM THERE ARE 40 IN THE NEXT TWO BLOCKS.
9:55:10AM I'M NOT FOR OR AGAINST THEM.
9:55:12AM BUT WE OUGHT TO HAVE CONFORMITY ONE WAY OR THE OTHER.
9:55:14AM AND POSSIBLY HAVE A MEETING WITH THE NEIGHBORHOOD
9:55:17AM ASSOCIATIONS TO SAY WE CAN WORK OUT SOMETHING IN THAT AREA
9:55:20AM WHERE WE CAN -- I KNOW THERE ARE CERTAIN SETBACKS AND
9:55:24AM REQUIREMENTS, AND I'M NOT CHANGING EVERYTHING ALL AT ONCE,
9:55:28AM BUT ALL THE HOUSES NOW ARE BUILT WITH GARAGES.
9:55:30AM THE PROBLEM IS THOSE TWO AND THREE BEDROOM HOUSES THAT ARE
9:55:34AM USED AS STARTER HOUSES ARE NO LONGER STARTER HOUSES.
9:55:38AM THEY GOT PERMITS AND ADDED TO THEM AND THE FAMILY HAS GROWN,
9:55:40AM BUT THEY HAVE NO PLACE TO PUT THE CAR.
9:55:42AM MAYBE WE CAN HAVE SOMETHING DONE TO THE DISTRICT TO HAVE A
9:55:46AM SITUATION WHERE THEY CAN BUILD A GARAGE.
9:55:48AM I WOULD CERTAINLY LIKE TO HAVE ONE, BUT I'M NOT SPEAKING
9:55:51AM ABOUT MYSELF.
9:55:52AM I'M SPEAKING ABOUT EVERYTHING THAT HAS TO GO THROUGH THE
9:55:55AM VARIANCE REVIEW BOARD.
9:55:56AM AND TO A LOT OF PEOPLE, YOU KNOW, 40% OF AMERICANS CAN'T
9:55:59AM HANDLE A $400 EMERGENCY.
9:56:01AM 60% CAN'T HANDLE A THOUSAND-DOLLAR EMERGENCY.
9:56:05AM SO WE'RE SPEAKING ABOUT THOSE INDIVIDUALS RIGHT NOW.
9:56:08AM AND MY HEART IS WITH THEM, BUT I UNDERSTAND THAT THERE IS A
9:56:11AM LAW THAT HAS TO BE ABIDED BY, AND I UNDERSTAND THAT.
9:56:13AM SO GOING BACK TO THE TENTS, IT'S THE SAME THING.
9:56:17AM WE HAVE SOMETHING IN THE WORKS, OR YOU JUST SAID THERE WAS,
9:56:21AM AND A LITTLE 10 BY 10 WITH SOMEBODY SELLING -- I'M NOT GOING
9:56:25AM TO SAY LEMONADE, BUT WHATEVER THE CASE MAY BE, NOW THEY HAVE
9:56:29AM TO HAVE A CERTAIN -- THEY HAVE TO GET A PERMIT FOR THAT?
9:56:31AM >> THEY ARE REQUIRING A CIVIL ENGINEER.
9:56:33AM THEY ARE REQUIRING ARCHITECTURAL RENDERINGS, REQUIRING A
9:56:36AM THREE-MONTH SUBMITTAL PERIOD AND MANY OTHER JUST INCREDIBLY
9:56:40AM BURDENSOME REGULATIONS.
9:56:41AM >>CHARLIE MIRANDA: FOR A TEN BY TEN TENT?
9:56:44AM >> YES, SIR.
9:56:44AM AGAIN, THIS WAS PROMISED TO BE SHARED AND INPUTTED WITH THE
9:56:47AM PUBLIC AND IT HAS NOT BEEN.
9:56:49AM WHAT WE WOULD LIKE TO REQUEST IS THAT THE COUNCIL, WITH YOUR
9:56:52AM CONSIDERATION, REFER THIS TO THE BUSINESS DEPARTMENT.
9:56:53AM I UNDERSTAND THE CONTACT PERSON IS MR. DAVE JENNINGS, TO
9:56:56AM COME FORWARD IN A COUPLE OF WEEKS TO PRESENT THIS AND THE
9:56:59AM PUBLIC CAN HAVE INPUT BEFORE IT IS IMPLEMENTED.
9:57:01AM THERE ARE INDUSTRIES THAT ARE CONCERNED THAT WILL BE OUT OF
9:57:03AM BUSINESS OVER THIS.
9:57:04AM >>CHARLIE MIRANDA: MR. CHAIRMAN, AND IN VIEW OF THE
9:57:08AM INFORMATION WE RECEIVED, I WOULD LIKE TO HAVE SOME CLARITY.
9:57:10AM I ASK MR. JENNINGS TO APPEAR -- WHEN IS THE NEXT COUNCIL
9:57:13AM MEETING?
9:57:14AM 27th?
9:57:15AM >> 7th.
9:57:19AM >>CHARLIE MIRANDA: THE 7th.
9:57:20AM I YIELD TO MS. CAPIN.
9:57:21AM >>YVONNE CAPIN: I WILL SECOND THAT.
9:57:23AM WHEN COUNCIL MEMBER MIRANDA SAID THAT THE PEOPLE CAN'T --
9:57:27AM YOU KNOW, THEY DON'T GET A PERMIT FOR THEIR CARPORT OR THEIR
9:57:30AM LITTLE ALUMINUM, THEY CAN'T GET A PERMIT.
9:57:33AM THEY CAN'T.
9:57:33AM THEY WILL NOT GIVE THEM A PERMIT FOR THAT, BECAUSE OF THE
9:57:37AM SETBACKS AND THE REST OF IT.
9:57:38AM SO THAT NEEDS TO BE LOOKED AT, BECAUSE WE HAVE HOUSES HERE
9:57:42AM THAT WERE BUILT IN THE '50s AND '60s, AND THAT -- YOU
9:57:45AM KNOW, IT'S VERY HOT HERE.
9:57:47AM THE SUN, EVERYBODY KNOWS WHAT THE SUN CAN DO TO YOUR CAR.
9:57:53AM THE OTHER THING, ON THE TENTS, NOW, I REMEMBER VERY
9:57:56AM DISTINCTLY ABOUT THE AREA ALONG HIMES, GLEN, TAMPA BAY
9:58:01AM BOULEVARD.
9:58:03AM THEY ARE PUT UPON ALL THE TIME, EVERY WEEKEND WITH THE
9:58:08AM STADIUM.
9:58:09AM EVERY SINGLE WEEKEND.
9:58:11AM AND THEY PUT UP SIGNS, NO PARKING IN THE STREETS ALL OVER
9:58:13AM THE PLACE, AND THEY ALSO WILL NOT PERMIT THEM TO DO ANY
9:58:17AM SELLING FROM THEIR HOMES OR ANYTHING ELSE.
9:58:21AM THEY ARE PUT OUT EVERY SINGLE WEEKEND, AND WE ADD TO THAT.
9:58:26AM THIS IS A WORKING-CLASS NEIGHBORHOOD, AND THESE PEOPLE NEED
9:58:30AM HELP, AND THEY PUT UP WITH IT YEAR AFTER YEAR AFTER YEAR.
9:58:33AM HOW LONG HAS THE STADIUM BEEN THERE, 40 YEARS?
9:58:37AM OVER 50.
9:58:37AM AND THAT WHOLE NEIGHBORHOOD, EVERY SINGLE TIME.
9:58:41AM AND WHEN THEY CAME UP -- WHAT'S THE LATEST BIG THING THAT'S
9:58:45AM COMING TO THE STADIUM THAT WE HAD A CLEAN SWEEP OR SOMETHING
9:58:50AM ABOUT NOT PERMITTING THEM TO DO ANY PARKING OR SELLING OR
9:58:54AM ANYTHING ELSE.
9:58:56AM THE NATIONAL CHAMPIONSHIP GAME.
9:58:58AM AND YOU'RE VERY WELL AWARE OF THIS.
9:59:00AM THERE ARE SEVERAL OF US THAT ARE FROM THAT AREA, AND I SEE
9:59:03AM IT.
9:59:08AM >> [OFF MICROPHONE]
9:59:11AM >>YVONNE CAPIN: EXACTLY.
9:59:12AM WE NEED TO LOOK AT THAT AND WE NEED TO BE MORE COGNIZANT OF
9:59:15AM THE NEIGHBORHOODS THAT WE BOMBARD EVERY WEEKEND BECAUSE OF
9:59:20AM OUR STADIUM.
9:59:21AM I MEAN, THE STADIUM IS BEAUTIFUL.
9:59:23AM IT'S WONDERFUL, BUT WE HAVE TO CONSIDER THE NEIGHBORHOOD.
9:59:25AM SO THAT'S MY SPIEL FOR TODAY.
9:59:29AM I SECOND YOUR MOTION.
9:59:32AM NO, NO, I SHOULDN'T HAVE SAID -- SO FAR TODAY.
9:59:37AM LET ME PUT IT THAT WAY.
9:59:37AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MIRANDA.
9:59:39AM SECONDED BY MS. CAPIN.
9:59:40AM ANY FURTHER DISCUSSION ON THE MOTION?
9:59:41AM ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
9:59:43AM OPPOSED?
9:59:45AM >> THANK YOU, MR. CHAIRMAN, THANK YOU, COUNCIL MEMBERS.
9:59:47AM IN THE WORDS OF MR. LATIMER, WIN BIG.
9:59:49AM WIN BIG.
9:59:50AM THANK YOU.
9:59:56AM >> GOOD MORNING.
9:59:57AM MY NAME IS KIM DENICIO, OWNER OF SWAMI JUICE, SMALL JUICE
10:00:02AM BAR, ON THE CORNER OF BAY TO BAY AND MacDILL.
10:00:05AM WE ALSO HAVE A SECOND LOCATION IN ARMATURE WORKS.
10:00:08AM RESIDENT OF PALMA CEIA 11 YEARS.
10:00:10AM I'M HERE TODAY TO NOTIFY CITY COUNCIL THAT THE BUSINESSES
10:00:13AM ALONG BAY TO BAY HAVE NOT BEEN NOTIFIED THAT THE RESURFACING
10:00:17AM PROJECT ON THE ROAD IS GOING FORWARD THIS MONTH, NEXT WEEK,
10:00:20AM AND WITHOUT NOTICE OF THE FINAL DESIGN.
10:00:22AM WHICH APPARENTLY DOES NOT INCLUDE ANY OF THE ADDITIONAL
10:00:25AM SAFETY FEATURES DESIGNED AND RECOMMENDED BY THE CITY'S OWN
10:00:28AM PLANNERS AND ENGINEERS.
10:00:29AM MY BUSINESS AND I HAVE BEEN VOCAL IN THE PROCESS, AND THE
10:00:33AM DESIGN PROCESS ON BAY TO BAY, SIGNING ON TO LETTERS.
10:00:36AM I'VE SPOKEN HERE BEFORE CITY COUNCIL.
10:00:38AM MY CUSTOMERS SAY THEY DON'T FEEL SAFE COMING INTO MY STORE
10:00:41AM BY FOOT, BY BIKE, AND AT CERTAIN TIMES OF THE DAY BY CAR,
10:00:44AM DUE TO THE HOSTILE ROAD ENVIRONMENT OUT THERE.
10:00:47AM THE CITY'S ENGINEERS HAVE DESIGNED A ROAD THAT WAS UP TO 50%
10:00:51AM SAFER.
10:00:51AM AND THIS WOULD ALSO IMPROVE FUNCTIONALITY AND FLOW ON THE
10:00:55AM ROAD FOR BOTH CARS AND PEDESTRIANS.
10:00:57AM THIS DESIGN PROCESS WAS YEARS IN THE MAKING.
10:00:59AM BUT NOW WITHOUT ANY NOTICE TO ME, TO OTHER BUSINESSES ALONG
10:01:03AM THIS ROAD, THERE HAS BEEN NO PUBLICATION OF THE FINAL
10:01:08AM DESIGN, AND I FIND OUT NOW THAT THE RESURFACING PROJECT ON
10:01:10AM THE ROAD IS MOVING FORWARD WITHOUT THE ADDED SAFETY
10:01:13AM FEATURES.
10:01:13AM THERE WAS NO PUBLIC COMMENT ON THE FINAL DESIGN.
10:01:16AM THERE WAS NO NOTIFICATIONS TO THE SMALL BUSINESSES ON THIS
10:01:19AM ROAD.
10:01:20AM AS A BUSINESS OWNER, I WANT A SAFE ROAD TO TRAVEL ON.
10:01:22AM AS A MOM WHO CROSSES THE STREET THREE TO FOUR TIMES A WEEK
10:01:25AM WITH MY KIDS TO GET TO PRESCHOOL, I WANT A SAFE STREET TO
10:01:29AM WALK ALONG, TO DRIVE ALONG.
10:01:30AM SO I AM HERE TODAY TO ASK CITY COUNCIL TO DELAY THE
10:01:33AM RESURFACING PROJECT AND REVISIT THE SAFETY DESIGN FEATURES
10:01:36AM DESIGNED BY YOUR OWN ENGINEERS.
10:01:39AM THANK YOU VERY MUCH.
10:01:40AM >>YVONNE CAPIN: IS THAT SOMETHING THAT WE ARE ABLE TO DO?
10:01:43AM TO TRY AND POSTPONE --
10:01:49AM >>MARTIN SHELBY: YOU CAN CERTAINLY MAKE A REQUEST OF THE
10:01:51AM ADMINISTRATION, BUT THAT IS, AT THIS POINT, SOLELY AN
10:01:54AM ADMINISTRATIVE FUNCTION.
10:01:54AM >>YVONNE CAPIN: AN ADMINISTRATIVE FUNCTION, BUT I'D LIKE TO
10:01:58AM MAKE A MOTION THAT WE -- THAT THE ADMINISTRATION CONSIDER
10:02:02AM POSTPONING TILL THERE'S MORE PUBLIC INPUT AS TO THAT
10:02:06AM REPAVING OF THAT STREET.
10:02:08AM >> SECOND.
10:02:11AM >>FRANK REDDICK: MOTION FROM MS. CAPIN.
10:02:12AM SECONDED BY MR. MANISCALCO.
10:02:14AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:02:15AM OPPOSED?
10:02:16AM OKAY.
10:02:19AM >> THANK YOU VERY MUCH.
10:02:27AM >> MENTESMOT, TAMPA, FLORIDA.
10:02:31AM IT'S A CERTAIN KIND OF HATRED -- A CERTAIN KIND OF HATRED
10:02:38AM FOR BLACK PEOPLE, AND YOU HEAR IT WEEK AFTER WEEK.
10:02:41AM MR. PRESSMAN GOT A SUIT ON AND THE BLACK MAN GOT A SUIT ON.
10:02:47AM SO IT'S NOT THE WAY THEY DRESS.
10:02:49AM IT IS THE COLOR OF THEIR SKIN.
10:02:51AM THEY DIDN'T ASK MR. BLACK MAN ONE SINGLE QUESTION IN
10:02:55AM REFERENCE TO WHAT HE'S HERE FOR.
10:02:58AM BUT MR. PRESSMAN GOT, MR. WHITE MAN, GOT A WHOLE DISCUSSION.
10:03:03AM BLACK PEOPLE COME UP HERE WEEK AFTER WEEK AND SPEAK AGAINST
10:03:08AM THE INJUSTICES THAT WE ENCOUNTER DAY IN AND DAY OUT, AND
10:03:13AM IT'S NOT HEARD.
10:03:16AM AND I SAY EVERYTHING IN HERE FROM THE CITY COUNCIL IS
10:03:18AM GARBAGE, FROM THE INVOCATION TO --
10:03:22AM [ NO ENCODER ]
10:03:59AM [ NO ENCODER ]
10:03:59AM -- JUST INHUMANE AND BARBARIC, BUT HE DON'T KNOW HOW IT
10:04:04AM FEELS.
10:04:04AM I CAN'T IMAGINE THAT.
10:04:05AM IT'S RACISM!
10:04:06AM NOTHING MORE AND NOTHING LESS.
10:04:08AM NOBODY HAVE THE COURAGE TO STAND UP TO RACISM.
10:04:13AM AND WHEN YOU DO, THEY TREAT YOU BAD.
10:04:15AM AND THEY LIVE RIGHT HERE AMONGST IT.
10:04:17AM AND THEY TRY TO TELL YOU ABOUT THE CORE, AND THEY TRY TO
10:04:24AM TELL YOU ABOUT THE CORE BUT THE MAYOR IS CALLING AFRICAN
10:04:27AM AMERICAN BITCHES AND CALLING FOR THE LYNCHING OF AN AFRICAN
10:04:32AM MAN.
10:04:32AM THEY TALK ABOUT THE CORPS AND AFTER ALL THE YEARS, WE HEAR
10:04:36AM SOMEONE STANDING UP ABOUT WHAT THE MAYOR SHOULD DO AS FAR AS
10:04:39AM THE ADMINISTRATIVE FUNCTION AND THEY SHOULD TURN ON THE TV.
10:04:42AM THERE ARE PEOPLE RIGHT HERE DON'T HAVE THE COURAGE TO SAY
10:04:46AM THE TVs RIGHT OUTSIDE ARE OFF.
10:04:50AM THE TVs RIGHT OUTSIDE IS OFF.
10:04:53AM AND THE MAN HERE TALKS ABOUT DECOR WEEK AFTER WEEK, AND HERE
10:04:56AM IS A BLACK BUFFOON TELLING SOMEONE, YOU WILL KISS MY BUTT,
10:05:05AM YOU WILL KISS MY BUTT AND YOU WILL KISS MY BUTT.
10:05:09AM HOW DISRESPECTFUL.
10:05:10AM YOU HAVE TO LEAD BY EXAMPLE.
10:05:11AM AND THEY DON'T LEAD BY EXAMPLE BECAUSE YOU-ALL ARE A BUNCH
10:05:15AM OF COWARDS.
10:05:16AM NOTHING MORE AND NOTHING LESS.
10:05:17AM SELF-SERVING COWARDS.
10:05:19AM THE BLACK MAN CAN'T GET THE TIME OF DAY, BUT THE WHITE MAN
10:05:22AM CAN GET A WHOLE RESOLUTION AND EVERYTHING ELSE THAT GO WITH
10:05:25AM IT.
10:05:25AM COWARDS!
10:05:27AM YOU CAN KISS MY BUTT.
10:05:29AM GARBAGE COWARD.
10:05:32AM [ BELL SOUNDS ]
10:05:42AM >> BENJAMIN BAISDEN, WEST TAMPA ALLIANCE.
10:05:45AM I STAND BEFORE YOU BRINGING THE GOSPEL.
10:05:48AM TRUTH, NOTHING BUT THE TRUTH, SO HELP ME GOD.
10:05:53AM THE LAST TIME I WAS HERE, I WAS SPEAKING ABOUT THE WEST
10:05:56AM TAMPA ALLIANCE.
10:05:58AM SOMETHING CAME UP SAYING THAT WEST TAMPA ALLIANCE IS NOT
10:06:01AM LEGIT.
10:06:03AM THAT IS NOT TRUE.
10:06:05AM THE REASON WHY I'M SAYING THAT, WE ARE A 501(C)(3)
10:06:09AM ORGANIZATION, AND WE SET -- WE SIT ON THE CRA BOARD.
10:06:15AM I AM SOMEONE THAT SITS ON THE COMMITTEE OF THE CRA.
10:06:20AM NOW, IF WE WASN'T LEGIT, HOW COULD THIS BE TRUE?
10:06:25AM I COME HERE BEFORE YOU ASKING AGAIN ABOUT RADIO, SOMETHING
10:06:33AM THAT THIS COMMUNITY NEEDS, SOMETHING THAT THIS CITY NEEDS.
10:06:36AM THIS IS COMMUNITY RADIO.
10:06:37AM I COME HERE ASKING AGAIN ABOUT WEST TAMPA ALLIANCE
10:06:43AM JUNETEENTH BECAUSE WE STARTED SOMETHING, JUNETEENTH YEARS
10:06:48AM AGO, AND SINCE THAT TIME OTHERS HAVE COME ALONG AND I WOULD
10:06:54AM SAY TRYING TO TAKE SOMETHING THAT WE STARTED.
10:06:58AM WE'RE TALKING ABOUT THE COALITION.
10:07:01AM WE'RE TALKING ABOUT SUTTON, CLAYTON SUTTON GOING DOWN THERE
10:07:07AM TO PARKS AND REC AND CHANGING OUR PAPERWORK.
10:07:10AM THIS IS NOT RIGHT.
10:07:12AM WE KNOW IT'S NOT RIGHT.
10:07:14AM COUNCILMAN, THE THING THAT YOU SAID THE LAST TIME I WAS
10:07:18AM HERE, I DON'T APPROVE OF IT, BUT I GUESS YOU COULD DO THAT
10:07:22AM BECAUSE YOU SIT IN THAT SEAT.
10:07:24AM FOR KISSING YOUR BUTT, SIR, I'M NOT THE ONE.
10:07:29AM I'M NOT THE ONE -- IF YOU COME DOWN ON MAIN STREET WITHIN
10:07:32AM THE TEN YEARS THAT I'VE BEEN DOING WHAT I'M DOING, CLEANING
10:07:36AM UP, UP AND DOWN MAIN STREET, GOING TO OLD PEOPLE HOUSES,
10:07:40AM CLEANING UP THEIR BACKYARD, CUTTING THE GRASS FOR FREE, FOR
10:07:43AM FREE.
10:07:44AM NOW, SINCE WE HAVE A CRA, SEEMS LIKE WE CAN'T EVEN GET A
10:07:51AM PAIR OF GLOVES, A TRASH BAG TO CLEAN UP THE ALLEYWAYS.
10:07:54AM WHY IS THIS?
10:07:55AM THIS IS NOT RIGHT.
10:07:56AM WE HAVE A CRA.
10:07:56AM I DON'T BELIEVE THAT WE WOULD NEED IT BECAUSE THE GREEDY
10:08:01AM SEEMS TO GET IT, BUT THE NEEDY GET LEFT BEHIND.
10:08:04AM THAT IS NOT RIGHT.
10:08:06AM SEEMS LIKE WE SHOULDN'T EVEN HAVE NO CRA BECAUSE IT'S THE
10:08:10AM TAXPAYERS' MONEY.
10:08:12AM YOU GOVERN IT, BUT WE CAN'T GET ANYTHING FROM IT.
10:08:15AM WHY IS THIS?
10:08:17AM WHY IS THIS?
10:08:17AM IT'S NOT RIGHT.
10:08:18AM I CONSTANTLY ASK FOR THIS AND I CAN'T GET NO FEEDBACK,
10:08:25AM ESPECIALLY THE RADIO STATION.
10:08:26AM THE RADIO STATION IS SOMETHING THAT WE NEED IN THIS
10:08:28AM COMMUNITY.
10:08:29AM WHY WOULDN'T YOU WANT A COMMUNITY RADIO STATION UNLESS
10:08:33AM YOU'RE SAYING SOMETHING OR DOING SOMETHING THAT YOU HAVE NO
10:08:35AM BUSINESS SAYING OR DOING, BECAUSE IT WILL COME OUT?
10:08:37AM THE TRUTH WILL COME OUT?
10:08:39AM WHY?
10:08:39AM WHY?
10:08:40AM I THANK YOU FOR ALLOWING ME THIS TIME.
10:08:42AM [ BELL SOUNDS ]
10:08:50AM >> THERE IS SO MUCH TRUTH IN WHAT THESE BROTHERS ARE SAYING,
10:09:02AM BUT THE THING ABOUT IT, JUST LIKE BROTHERS SAYING HERE,
10:09:06AM THERE'S NO JUSTICE HERE FOR BLACK FOLK.
10:09:09AM WE CAN COME HERE AND TALK WEEK AFTER WEEK, NOBODY SEEMS TO
10:09:14AM WANT TO HEAR US.
10:09:15AM WE GOT TO GET SOMETHING STRAIGHT NOW.
10:09:17AM AND BY THE WAY OF GOD WE'LL GET IT STRAIGHTENED OUT SOONER
10:09:22AM OR LATER BECAUSE WE'VE GOT GOD ON OUR SIDE.
10:09:24AM WHETHER YOU WANT TO HEAR US OR NOT, THE TRUTH WILL PREVAIL.
10:09:27AM AND WE GOT TO UNDERSTAND, WE DON'T COME DOWN HERE TO BE
10:09:31AM SEEN.
10:09:31AM WE COME DOWN HERE FOR JUSTIFICATION, AND IF YOU DON'T WANT
10:09:34AM TO GIVE US JUSTIFICATION, DON'T LET US COME IN HERE, WE'LL
10:09:39AM FORM OUR OWN GOVERNMENT ON THE OUTSIDE.
10:09:41AM THANK YOU, JESUS.
10:09:42AM AND THAT'S THE WAY IT'S GONNA BE.
10:09:45AM I HAVE A CHURCH THAT IS LOCATED AT 1112 EAST SCOTT STREET.
10:09:50AM MY NAME IS PASTOR WILLIAMS.
10:09:51AM I COME DOWN HERE WEEK AFTER WEEK TRYING TO STAND UP FOR
10:09:54AM JUSTICE, FOR ALL PEOPLE, NOT JUST THE BLACK PEOPLE, BUT YOU
10:09:57AM ALL DON'T SEEM TO WANT TO RESPECT BLACK MEN, WOMEN, OR
10:10:01AM CHILDREN.
10:10:01AM AND THAT'S SAD, THAT'S VERY SAD.
10:10:05AM BUT I'M -- BUT I'LL SEND IT ALL OVER THE WORLD.
10:10:11AM I GUARANTEE YOU, YOU'LL HEAR AGAIN, BUT I DON'T WANT TO WAIT
10:10:15AM TOO LATE.
10:10:16AM I'LL READ SCRIPTURE FROM THE BOOK OF ECCLESIASTES.
10:10:20AM THESE ARE THE WORDS OF GOD.
10:10:21AM TO EVERYTHING, THERE IS A SEASON AND A TIME TO EVERY PURPOSE
10:10:26AM UNDER THE HEAVEN, A TIME TO BE BORN AND A TIME TO DIE, A
10:10:30AM TIME TO PLANT, A TIME TO PLUCK UP THAT WHICH IS PLANTED,
10:10:34AM TIME TO KILL, TIME TO HEAL, A TIME TO BREAK DOWN OR A TIME
10:10:38AM TO BUILD UP.
10:10:39AM TIME TO WEEP, A TIME TO LOVE.
10:10:44AM A TIME TO MOURN, A TIME TO DANCE.
10:10:46AM A TIME TO CAST AWAY STONES, A TIME TO GATHER STONES
10:10:50AM TOGETHER.
10:10:50AM TIME TO EMBRACE, TIME TO REFRAIN FROM EMBRACING.
10:10:54AM TIME TO GET, TIME TO LOSE.
10:10:57AM TIME TO -- THERE IS A TIME FOR EVERYTHING.
10:11:03AM BUT I GOT TO LET YOU ALL KNOW, YOU-ALL GOT TO CUT OUT ALL
10:11:08AM THIS FOOLISHNESS.
10:11:09AM YOU ALL GOT TO RESPECT ALL PEOPLE, NOT JUST THE WHITE FOLK
10:11:12AM OR THE PEOPLE SAME COLOR OF YOUR-ALL SKIN.
10:11:15AM DON'T MAKE NO DIFFERENCE.
10:11:16AM YOU GOT TO RESPECT US.
10:11:17AM I GOT A CHURCH AT 1112 EAST GOSS STREET.
10:11:21AM YOU WANT TO KNOW WHAT, THEY PUT A FENCE, I CAN'T EVEN GET TO
10:11:23AM THE BACK OF MY CHURCH TO PARK. I TOLD YOU ALL ABOUT IT TIME
10:11:28AM AND TIME AGAIN.
10:11:29AM BUT YET YOU ALL DON'T WANT TO HEAR WHAT I GOT TO SAY.
10:11:32AM YOU RANG THIS BUZZER WHEN BLACK GUYS COME UP HERE.
10:11:35AM THE WHITE FOLKS, YOU LET THEM TALK AS LONG AS THEY WANT.
10:11:38AM WHAT DO I HAVE TO KEEP YOU DO FROM RINGING THE BUZZ ON ME?
10:11:42AM I HAVE A BUNCH OF PEOPLE I WANT TO BRING DOWN HERE SO THEY
10:11:45AM CAN SET THE RECORD STRAIGHT ON WHAT WE'RE TRYING TO DO.
10:11:48AM THING ABOUT IT, YOU ALL ARE EMBARRASSING TO PEOPLE AND I'M
10:11:51AM NOT JUST TALKING ABOUT BLACK PEOPLE, ALL PEOPLE.
10:11:55AM YOU-ALL THINK YOU HOLD A POSITION, HOLD A MONOPOLY OVER
10:11:59AM BLACK PEOPLE, BUT YOU-ALL DON'T.
10:12:01AM YOU-ALL GOT TO UNDERSTAND --
10:12:03AM [ BELL SOUNDS ]
10:12:03AM -- WE'RE CREATED BY OUR FATHER GOD, WHICH YOU ALL DON'T
10:12:07AM BELIEVE, BUT I BELIEVE.
10:12:09AM AND THAT'S THE WAY WE'RE GOING TO LIVE UNTIL THE DAY WE DIE.
10:12:12AM YOU GOT TO UNDERSTAND, TREAT THE BROTHERS AND SISTERS RIGHT.
10:12:15AM AND WHEN YOU TREAT US RIGHT, THEN MAYBE YOU-ALL CAN GET
10:12:17AM ELECTED FOR MAYOR.
10:12:19AM WE KNOW WHO GONNA BE THE NEXT MAYOR.
10:12:22AM GOING TO BE JAN CASPER.
10:12:24AM AND SHE IS THE ONE THAT PUT UP THE RED LIGHTS.
10:12:27AM I GOT ABOUT FIVE OF THEM.
10:12:29AM >>FRANK REDDICK: ALL RIGHT, SIR --
10:12:30AM >> NEVER RUN NO RED LIGHT.
10:12:31AM YOU CAN'T JUDGE ME BECAUSE YOU SUCH A PERVERT.
10:12:35AM WITH LITTLE GIRLS.
10:12:36AM YOU CAN TELL ME --
10:12:37AM >>MARTIN SHELBY: SIR, SIR, SIR, SIR --
10:12:41AM >> TELL YOU THE TRUTH.
10:12:42AM >>MARTIN SHELBY: PASTOR WILLIAMS --
10:12:44AM >>FRANK REDDICK: YOUR TIME IS UP.
10:12:45AM >> NOW, YOU GOT TO REMIND ME, TOO.
10:12:50AM I'LL STEP DOWN, THEY HAVE TO DO WHAT IS RIGHT FOR BLACK
10:12:53AM FOLK.
10:12:53AM >>FRANK REDDICK: YOUR TIME IS UP.
10:12:55AM >> RESPECT US LIKE WE RESPECT YOU ALL.
10:12:58AM >>FRANK REDDICK: START RESPECTING YOURSELF FIRST.
10:13:00AM ALL RIGHT.
10:13:02AM DO WE HAVE ANY REQUESTS FOR PUBLIC RECONSIDERATION OF
10:13:04AM LEGISLATIVE MATTERS?
10:13:05AM ALL RIGHT.
10:13:07AM WE GO TO COMMITTEE REPORTS.
10:13:10AM PUBLIC SAFETY COMMITTEE, CHARLIE MIRANDA.
10:13:15AM >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
10:13:17AM PUBLIC SAFETY COMMITTEE, I MOVE ITEMS 3 THROUGH 6.
10:13:21AM >> SECOND.
10:13:21AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
10:13:23AM SECONDED BY MR. MANISCALCO.
10:13:24AM ALL THOSE IN FAVOR SAY AYE.
10:13:26AM OPPOSED?
10:13:27AM ALL RIGHT.
10:13:28AM PARKS, RECREATION COMMITTEE, MR. MANISCALCO.
10:13:31AM >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. CHAIRMAN.
10:13:32AM I MOVE ITEMS 7 THROUGH 12.
10:13:35AM >>CHARLIE MIRANDA: SECOND.
10:13:35AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MANISCALCO.
10:13:38AM SECONDED BY MR. MIRANDA.
10:13:39AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:13:40AM OPPOSED?
10:13:41AM PUBLIC WORKS, MR. MANISCALCO.
10:13:44AM >>GUIDO MANISCALCO: I MOVE ITEMS 13 THROUGH 24.
10:13:47AM >>CHARLIE MIRANDA: SECOND.
10:13:48AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MANISCALCO,
10:13:50AM SECOND BY MR. MIRANDA.
10:13:51AM ALL IN FAVOR OF THE MOTION SAY AYE.
10:13:53AM OPPOSED?
10:13:54AM ALL RIGHT.
10:13:55AM FINANCE COMMITTEE, MR. VIERA.
10:13:59AM >>LUIS VIERA: YES, SIR, MR. CHAIR.
10:14:01AM I MOVE ITEMS 25 TO 27.
10:14:08AM >> SECOND.
10:14:10AM >>FRANK REDDICK: GOT A MOTION FROM MR. VIERA.
10:14:12AM SECONDED BY MR. SUAREZ.
10:14:13AM ALL IN FAVOR OF THE MOTION SAY AYE.
10:14:14AM OPPOSED?
10:14:15AM BUILDING, ZONING, PRESERVATION, MR. VIERA.
10:14:18AM >>LUIS VIERA: YES, SIR, MR. CHAIR, I MOVE ITEMS 28 THROUGH
10:14:21AM 40.
10:14:22AM >>GUIDO MANISCALCO: SECOND.
10:14:23AM >>FRANK REDDICK: MOTION FROM MR. VIERA.
10:14:25AM SECONDED BY MR. MANISCALCO.
10:14:29AM ALL IN FAVOR OF THE MOTION, OPPOSED?
10:14:30AM TRANSPORTATION COMMITTEE, MR. SUAREZ.
10:14:32AM >>MIKE SUAREZ: THANK YOU, CHAIR, I MOVE ITEMS 41 THROUGH 48.
10:14:35AM >>FRANK REDDICK: MOTION FROM MR. SUAREZ.
10:14:37AM SECONDED BY MR. MANISCALCO.
10:14:38AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:14:40AM OPPOSED?
10:14:44AM >>GUIDO MANISCALCO: MOVE TO OPEN ITEMS 49 THROUGH 52.
10:14:47AM >>MIKE SUAREZ: SECOND.
10:14:48AM >>FRANK REDDICK: WE HAVE A MOTION TO OPEN ITEMS 49 THROUGH
10:14:50AM 52, MR. MANISCALCO, SECONDED BY MR. SUAREZ.
10:14:53AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:14:55AM OKAY.
10:14:57AM WE WILL GO TO OUR 9:30, ITEM NUMBER 49.
10:15:06AM >>REBECCA KERT: THANK YOU, COUNCIL.
10:15:07AM REBECCA KERT, LEGAL DEPARTMENT.
10:15:08AM I'M HERE ON ITEM 49.
10:15:10AM ITEM 49 IS AN AMENDMENT TO CHAPTER 16 REGARDING YOUR LIST OF
10:15:13AM DEDICATED PARKS.
10:15:14AM WE HAD SPOKE ABOUT IT PREVIOUSLY.
10:15:16AM THERE'S AN ADDITION OF A REQUIREMENT, LIST OF DEDICATED
10:15:20AM PARKS CAN ONLY BE AMENDED BY ORDINANCE AND ONLY IF DONE SO
10:15:23AM BY NO FEWER THAN A VOTE OF FIVE MEMBERS OF CITY COUNCIL.
10:15:27AM THAT'S THE ONLY CHANGE.
10:15:28AM IT IS A PUBLIC HEARING, AND I'M AVAILABLE IF YOU HAVE ANY
10:15:31AM QUESTIONS.
10:15:31AM >>FRANK REDDICK: OKAY.
10:15:32AM DO WE HAVE ANY QUESTIONS FOR STAFF?
10:15:34AM ALL RIGHT.
10:15:34AM APPLICANT?
10:15:41AM >> THE CITY I BELIEVE IS THE APPLICANT ON THIS PETITION.
10:15:46AM MORRIS MASSEY, WITH HILL WARD HENDERSON.
10:15:48AM 101 EAST KENNEDY BOULEVARD HERE IN TAMPA.
10:15:51AM I WOULD REQUEST, THOUGH, THAT CITY COUNCIL MOTION THAT THE
10:15:55AM CITY ATTORNEY'S OFFICE AND STAFF BRING BACK A CHANGE, THE
10:15:58AM FIRST CHANGE PURSUANT TO THE PROCEDURE TO CORRECT THE
10:16:01AM ADDRESS OF THE BARKSDALE CENTER.
10:16:03AM ON YOUR CURRENT DEDICATED PARK LIST, THE BARKSDALE CENTER IS
10:16:08AM SHOWN ON NORTH B STREET.
10:16:09AM OVER 15 YEARS AGO, THAT PROPERTY WAS CONVEYED TO THE
10:16:11AM UNIVERSITY OF TAMPA.
10:16:12AM NEW BARKSDALE CENTER WAS BUILT ON LINCOLN AVENUE SO WE WOULD
10:16:15AM LIKE TO HAVE THE ADDRESS CHANGED.
10:16:17AM THE UNIVERSITY IS ABOUT READY TO BUILD A MULTIMILLION DOLLAR
10:16:20AM FINE ART CENTER ON THE SITE.
10:16:21AM WE'D LIKE TO CLEAR THAT UP IF WE COULD.
10:16:23AM >>MIKE SUAREZ: CHAIR, AFTER WE CLEAR THAT ITEM, WE CAN MAKE
10:16:26AM A SEPARATE MOTION LATER ON CONCERNING THAT BECAUSE IT'S
10:16:29AM SEPARATE FROM THIS PARTICULAR ITEM.
10:16:30AM >>FRANK REDDICK: OKAY.
10:16:31AM >>MIKE SUAREZ: THANK YOU, MR. MASSEY.
10:16:32AM >>FRANK REDDICK: MR. SUAREZ, TAKE 49?
10:16:35AM >>MIKE SUAREZ: YES, SIR.
10:16:37AM I PRESENT AN ORDINANCE FOR SECOND READING AND ADOPTION.
10:16:39AM AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING REVISIONS
10:16:41AM TO CITY OF TAMPA CODE OR ORDINANCES, CHAPTER 16 (PARKS AND
10:16:45AM RECREATION); AMENDING SECTION 16-91, LIST OF DEDICATED
10:16:49AM PARKS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
10:16:52AM CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY, PROVIDING
10:16:56AM FOR AN EFFECTIVE DATE.
10:16:57AM >>FRANK REDDICK: MOTION BY MR. SUAREZ.
10:16:58AM SECONDED BY MR. MIRANDA.
10:16:59AM PLEASE RECORD YOUR VOTE.
10:17:07AM >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA ABSENT AT
10:17:10AM VOTE.
10:17:11AM >>FRANK REDDICK: OKAY.
10:17:11AM GO TO ITEM NUMBER 50.
10:17:17AM >> GOOD MORNING, COUNCIL.
10:17:18AM RON VILA, STAFF WITH HISTORIC PRESERVATION.
10:17:20AM I'M HERE THIS MORNING ON A TAX AD VALOREM EXEMPTION FOR THE
10:17:24AM ADDRESS OF 2111 WEST WATROUS AVENUE IN THE HYDE PARK LOCAL
10:17:29AM HISTORIC DISTRICT.
10:17:30AM THE STRUCTURE WAS CONSTRUCTED IN 1925.
10:17:33AM IT IS A FRAMED VERNACULAR CRAFTSMAN-STYLE HOME.
10:17:38AM THIS IS SHOWING THE HOUSE PRIOR TO RENOVATION FOR THE
10:17:41AM INTERIOR AND THE EXTERIOR.
10:17:44AM QUICKLY, TO GO THROUGH SOME PHOTOS, THIS PRIOR TO
10:17:48AM REHABILITATION AND THE ADDITION.
10:17:51AM THE ADDITION WILL TAKE PLACE BEHIND THE POP-UP.
10:17:55AM JUST TO SHOW YOU SOME BRIEF FLOOR PLANS, THIS IS SHOWING THE
10:18:01AM ADDITION, WHAT WAS THERE PRIOR TO REHABILITATION, AND THEN
10:18:04AM THE FIRST FLOOR, THEY ADDED A FAMILY ROOM, A HALF BATH, AND
10:18:09AM A PATIO OFF THE REAR.
10:18:10AM ON THE SECOND FLOOR, THE ADDITION COMPOSED OF A MASTER
10:18:15AM SUITE.
10:18:16AM THIS IS LOOKING AT THE STRUCTURE IN HYDE PARK, THE ADDITION
10:18:23AM FOCUSES BACK HERE.
10:18:25AM THE PRIMARY STRUCTURE WAS REHABILITATED.
10:18:27AM MOVING TO THE INTERIOR, SHOWS THE WOOD FLOORS AND THE
10:18:33AM KITCHEN BEYOND, THROUGH THE RENOVATION, THEY SANDED THE WOOD
10:18:39AM FLOORS, BROUGHT THEM BACK TO THEIR ORIGINAL LUSTER.
10:18:41AM THEN YOU SEE HERE THAT THERE WAS A BUILT-IN AND A ROOM
10:18:45AM DIVIDER THAT'S VERY CHARACTERISTIC OF THESE STYLE HOMES.
10:18:48AM THAT WAS RE-CREATED AS PART OF THE INTERIOR RENOVATION.
10:18:51AM BATHROOMS PRIOR TO REHABILITATION, CONSISTED OF 1970'S
10:19:03AM MOTIF.
10:19:04AM AND THEN AFTER REHABILITATION, MORE OF A PERIOD-APPROPRIATE
10:19:08AM STYLE.
10:19:08AM AS IT MOVES FORWARD WITH THE TILE AND THE WAINSCOTING AND
10:19:16AM SUBWAY TILE IN THE BATH.
10:19:19AM THIS REQUEST IS CONSISTENT WITH THE SECRETARY OF INTERIOR
10:19:23AM STANDARDS.
10:19:24AM >>FRANK REDDICK: ANY QUESTIONS OF STAFF?
10:19:25AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 50?
10:19:28AM >>CHARLIE MIRANDA: MOVE TO CLOSE.
10:19:29AM >> SECOND.
10:19:30AM >>FRANK REDDICK: WE GOT A MOTION FROM MR. MIRANDA.
10:19:32AM SECONDED BY MS. CAPIN.
10:19:33AM ALL IN FAVOR OF THE MOTION, AYE.
10:19:34AM ANY OPPOSED?
10:19:35AM MR. COHEN.
10:19:38AM >>HARRY COHEN: THANK YOU VERY MUCH, MR. CHAIR.
10:19:39AM I MOVE A SUBSTITUTE ORDINANCE BEING PRESENTED FOR SECOND
10:19:41AM READING AND ADOPTION.
10:19:42AM AN ORDINANCE APPROVING AN HISTORIC PRESERVATION PROPERTY TAX
10:19:46AM EXEMPTION APPLICATION RELATIVE TO THE RESTORATION,
10:19:49AM RENOVATION OR REHABILITATION OF CERTAIN PROPERTY OWNED BY
10:19:52AM DEVIN A. BAILLAIRGE LOCATED AT 2111 WEST WATROUS AVENUE,
10:19:59AM TAMPA, FLORIDA, IN THE HYDE PARK HISTORIC DISTRICT BASED
10:20:02AM UPON CERTAIN FINDINGS, PROVIDING FOR NOTICE TO THE PROPERTY
10:20:05AM APPRAISER OF HILLSBOROUGH COUNTY; PROVIDING FOR
10:20:07AM SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN
10:20:10AM CONFLICT; PROVIDING AN EFFECTIVE DATE.
10:20:12AM >> SECOND.
10:20:12AM >>FRANK REDDICK: GOT A MOTION FROM MR. COHEN.
10:20:14AM SECONDED BY MR. SUAREZ.
10:20:15AM PLEASE RECORD YOUR VOTE.
10:20:37AM >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY WITH VIERA BEING
10:20:39AM ABSENT AT VOTE.
10:20:40AM >>FRANK REDDICK: ALL RIGHT.
10:20:40AM ITEM NUMBER 51.
10:20:42AM >>HARRY COHEN: MR. CHAIR, I'M ABSTAINING FROM VOTING ON ITEM
10:20:45AM 51 AS I DID IN THE FIRST READING BECAUSE MY FATHER IS THE
10:20:47AM APPLICANT.
10:20:48AM >>MARTIN SHELBY: MR. COHEN IS FILING WITH THE CLERK.
10:20:52AM THANK YOU.
10:20:52AM >>FRANK REDDICK: ITEM NUMBER 51.
10:20:58AM >> GOOD MORNING, COUNCIL, MEMBERS, MORRIS MASSEY, HILL WARD
10:21:00AM HENDERSON, 101 EAST KENNEDY BOULEVARD HERE ON BEHALF OF THE
10:21:04AM APPLICANT, ABC CORPORATION.
10:21:05AM THIS IS A PROPOSED AMENDMENT TO YOUR COMPREHENSIVE PLAN FOR
10:21:08AM PROPERTY LOCATED IMMEDIATELY TO THE WEST OF THE CSX RAILROAD
10:21:13AM TRACKS IN AN INDUSTRIAL AREA NEAR THE UNIVERSITY OF TAMPA,
10:21:16AM GOING TO UMU-60.
10:21:18AM I'M HERE IF YOU HAVE ANY QUESTIONS.
10:21:20AM >>FRANK REDDICK: ANY QUESTIONS FOR THE APPLICANT?
10:21:21AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 51.
10:21:25AM >>CHARLIE MIRANDA: MOVE TO CLOSE.
10:21:26AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
10:21:27AM SECONDED BY MR. MANISCALCO.
10:21:29AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:21:31AM ANY OPPOSED?
10:21:31AM MR. MANISCALCO, WOULD YOU READ NUMBER 51.
10:21:34AM >>GUIDO MANISCALCO: YES, SIR.
10:21:35AM I HAVE AN ORDINANCE BEING PRESENTED FOR SECOND READING AND
10:21:38AM ADOPTION.
10:21:38AM AN ORDINANCE AMENDING THE TAMPA COMPREHENSIVE PLAN FUTURE
10:21:41AM LAND USE MAP FOR THE PROPERTY GENERALLY LOCATED AT 1101,
10:21:44AM 1112 AND 1116 WEST CARMEN STREET FROM GENERAL MIXED USE-24
10:21:50AM (GMU-24) TO URBAN MIXED USE-60 (UMU-60); PROVIDING FOR
10:21:56AM REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR
10:21:59AM SEVERABILITY, PROVIDING AN EFFECTIVE DATE.
10:22:01AM >>FRANK REDDICK: MOTION BY MR. MANISCALCO.
10:22:02AM SECONDED BY MR. MIRANDA.
10:22:03AM PLEASE RECORD YOUR VOTE.
10:22:15AM >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY WITH COHEN
10:22:17AM ABSTAINING AND VIERA ABSENT AT VOTE.
10:22:20AM >>FRANK REDDICK: ALL RIGHT.
10:22:20AM GO TO ITEM 52.
10:22:22AM ITEM NUMBER 52.
10:22:23AM ANYONE HERE FOR ITEM NUMBER 52?
10:22:28AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 52?
10:22:33AM MOTION TO CLOSE?
10:22:38AM >>CHARLIE MIRANDA: SO MOVED.
10:22:40AM >>FRANK REDDICK: ALL RIGHT.
10:22:41AM GOT A MOTION FROM MR. MANISCALCO, SECONDED BY MS. CAPIN.
10:22:44AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:22:46AM OPPOSED?
10:22:46AM MS. CAPIN, WOULD YOU READ ITEM NUMBER 52?
10:22:50AM >>YVONNE CAPIN: YES, THANK YOU, MR. CHAIR.
10:22:52AM FILE NUMBER PA 18-15, AN ORDINANCE BEING PRESENTED FOR
10:22:56AM SECOND READING AND ADOPTION.
10:22:58AM AN ORDINANCE AMENDING THE TAMPA COMPREHENSIVE PLAN, FUTURE
10:23:01AM LAND USE MAP FOR THE PROPERTY GENERALLY LOCATED AT 4228
10:23:05AM MONET COURT FROM RESIDENTIAL-20 (R-20) AND TRANSITION USE-24
10:23:12AM (TU-24) TO PUBLIC/SEMI-PUBLIC (P/SP); PROVIDING FOR REPEAL
10:23:18AM OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY;
10:23:22AM PROVIDING FOR AN EFFECTIVE DATE.
10:23:24AM >> SECOND.
10:23:24AM >>FRANK REDDICK: ALL RIGHT.
10:23:25AM WE HAVE A MOTION FROM MS. CAPIN.
10:23:28AM SECONDED BY MR. VIERA.
10:23:29AM PLEASE RECORD YOUR VOTE.
10:23:40AM >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY.
10:23:47AM >>FRANK REDDICK: IF YOU'RE GOING TO SPEAK ON ITEM 53 THROUGH
10:23:50AM 55, PLEASE STAND TO BE SWORN.
10:23:55AM >>MIKE SUAREZ: I OPEN ITEMS 53 THROUGH 55.
10:23:58AM ACTUALLY, WHAT TIME IS IT, CHAIR?
10:23:59AM WE CAN OPEN ALL THE REST?
10:24:01AM WE CAN'T YET.
10:24:02AM >>FRANK REDDICK: IT'S NOT 10:30 YESTERDAY.
10:24:04AM >> SECOND ON THE 53 TO 55.
10:24:06AM >>FRANK REDDICK: GOT A MOTION FROM MR. SUAREZ, SECONDED BY
10:24:09AM MR. COHEN.
10:24:10AM ALL IN FAVOR OF THE MOTION, AYE.
10:24:12AM ANY OPPOSED?
10:24:13AM ALL RIGHT.
10:24:14AM ITEM NUMBER 53.
10:24:15AM OH, HAVE THEY BEEN SWORN IN?
10:24:22AM >> NOT YET.
10:24:23AM [OATH ADMINISTERED]
10:24:27AM >> I DO.
10:24:28AM GOOD MORNING, COUNCIL.
10:24:31AM ITEMS NUMBER 53 AND 54 HAVE CERTIFIED SITE PLANS TURNED INTO
10:24:35AM THE CITY CLERK.
10:24:36AM THIS IS BEFORE YOU FOR SECOND READING, AND STAFF IS
10:24:38AM AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE.
10:24:40AM >>FRANK REDDICK: ANY QUESTIONS FOR STAFF?
10:24:41AM ALL RIGHT.
10:24:44AM PETITIONER?
10:24:59AM >> HELLO.
10:24:59AM I'M THE PETITIONER FOR ITEM 53 FOR LOCATION --
10:25:06AM >>FRANK REDDICK: STATE YOUR NAME FOR THE RECORD.
10:25:09AM >> FULL NAME IS ADRUNAS ZALDRUKIS.
10:25:15AM I GO BY Z.
10:25:16AM I'M HERE TO ANSWER ANY QUESTIONS THAT ANYONE MAY HAVE.
10:25:19AM >>FRANK REDDICK: ANY QUESTIONS FOR THE PETITIONER?
10:25:21AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 53?
10:25:26AM >>CHARLIE MIRANDA: MOVE TO CLOSE.
10:25:27AM >> SECOND.
10:25:27AM >>FRANK REDDICK: WE'VE GOT A MOTION FROM MR. MIRANDA.
10:25:30AM SECONDED BY MR. MANISCALCO.
10:25:31AM ALL IN FAVOR OF THE MOTION SAY AYE.
10:25:32AM ANY OPPOSED?
10:25:33AM MR. MIRANDA.
10:25:35AM >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN, ITEM NUMBER 53,
10:25:37AM FILE NUMBER AB2-19-03, ORDINANCE BEING PRESENTED FOR SECOND
10:25:43AM READING AND ADOPTION, AN ORDINANCE APPROVING A SPECIAL USE
10:25:46AM PERMIT (S-2) FOR ALCOHOLIC BEVERAGE SALES, RESTAURANT
10:25:50AM (CONSUMPTION ON PREMISES ONLY) AND MAKING LAWFUL THE SALE OF
10:25:54AM BEER AND WINE AT OR FROM THE CERTAIN LOT, PLOT, OR TRACT OF
10:25:57AM LAND LOCATED AT 500 SOUTH HOWARD AVENUE, SUITE A, TAMPA,
10:26:00AM FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2,
10:26:04AM PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN
10:26:06AM CONFLICT ARE REPEALED; PROVIDING AN EFFECTIVE DATE.
10:26:08AM >>FRANK REDDICK: MOTION BY MR. MIRANDA.
10:26:10AM SECONDED BY MR. VIERA.
10:26:11AM PLEASE RECORD YOUR VOTE.
10:26:17AM >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY.
10:26:19AM >>FRANK REDDICK: OKAY.
10:26:20AM WE GO TO ITEM NUMBER 54.
10:26:31AM >> GOOD MORNING, COUNCIL.
10:26:33AM JOSH BURNETT.
10:26:34AM I APPRECIATE YOUR APPROVAL IN THIS MATTER.
10:26:37AM IF YOU HAVE ANY QUESTIONS, I'M HERE TO ANSWER THEM.
10:26:39AM >>FRANK REDDICK: ANY QUESTIONS FOR THE PETITIONER?
10:26:41AM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 54?
10:26:44AM >>CHARLIE MIRANDA: MOVE TO CLOSE.
10:26:46AM >> SECOND.
10:26:46AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MIRANDA.
10:26:48AM SECONDED BY MR. COHEN.
10:26:54AM ALL IN FAVOR OF THE MOTION SAY AYE.
10:26:57AM OPPOSED?
10:26:58AM MR. VIERA.
10:27:00AM >>LUIS VIERA: YES, SIR, MR. CHAIR, I MOVE AN ORDINANCE BEING
10:27:03AM PRESENTED FOR SECOND READING AND ADOPTION.
10:27:05AM AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF
10:27:07AM 3602 WEST BAY TO BAY BOULEVARD IN THE CITY OF TAMPA,
10:27:11AM FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM
10:27:13AM ZONING DISTRICT CLASSIFICATION RS-50 (RESIDENTIAL,
10:27:16AM SINGLE-FAMILY) TO PD (PLANNED DEVELOPMENT, OFFICE,
10:27:19AM BUSINESS/PROFESSIONAL); PROVIDING AN EFFECTIVE DATE,
10:27:22AM INCLUDING THE SITE PLAN BEING AMENDED WITH THE REVISIONS.
10:27:25AM >>FRANK REDDICK: ALL RIGHT.
10:27:26AM GOT A MOTION FROM MR. VIERA.
10:27:27AM SECONDED BY MR. SUAREZ --
10:27:29AM [ NO ENCODER ]
10:27:54AM [ NO ENCODER ]
10:28:00AM [ NO ENCODER ]
10:28:01AM >> I'M HERE FOR ANY QUESTIONS.
10:28:07AM >>FRANK REDDICK: AGAIN, ANYBODY IN THE PUBLIC WISHING TO
10:28:09AM SPEAK ON ITEM NUMBER 55?
10:28:11AM >>CHARLIE MIRANDA: MOVE TO CLOSE.
10:28:13AM >> SECOND.
10:28:13AM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
10:28:15AM SECONDED BY MR. MANISCALCO.
10:28:16AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:28:18AM OPPOSED?
10:28:19AM MR. SUAREZ.
10:28:20AM >>MIKE SUAREZ: THANK YOU, CHAIR, I PRESENT AN ORDINANCE FOR
10:28:23AM SECOND READING AND ADOPTION, AN ORDINANCE VACATING, CLOSING,
10:28:26AM DISCONTINUING AND ABANDONING THE ALLEYWAY RIGHT-OF-WAY LYING
10:28:29AM SOUTH OF WEST SLIGH AVENUE, NORTH OF WEST ELM STREET, EAST
10:28:33AM OF NORTH BOULEVARD, AND WEST OF NORTH ADAH AVENUE, IN FIRST
10:28:39AM ADDITION TO WEST RIVERSIDE, A SUBDIVISION IN THE CITY OF
10:28:42AM TAMPA, HILLSBOROUGH COUNTY, FLORIDA, THE SAME BEING MORE
10:28:44AM FULLY DESCRIBED IN SECTION 1 HEREOF, SUBJECT TO CERTAIN
10:28:47AM COVENANTS MORE PARTICULARLY SET FORTH HEREIN; PROVIDING AN
10:28:50AM EFFECTIVE DATE.
10:28:52AM >> SECOND.
10:28:52AM >>FRANK REDDICK: GOT A MOTION FROM MR. SUAREZ.
10:28:55AM SECONDED BY MR. COHEN.
10:28:56AM PLEASE RECORD YOUR VOTE.
10:29:04AM >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY.
10:29:05AM >>FRANK REDDICK: OKAY.
10:29:06AM WE'VE GOT FOUR MINUTES BEFORE 10:30.
10:29:08AM WE'LL GO TO STAFF REPORTS, ITEM NUMBER 63.
10:29:15AM IT'S A RESOLUTION.
10:29:16AM ANYONE FROM STAFF, ITEM NUMBER 63?
10:29:31AM >> GOOD MORNING, CHAIRMAN AND CITY COUNCIL MEMBERS, I'M
10:29:34AM KIMBERLY CRUM, YOUR DIRECTOR OF HUMAN RESOURCES.
10:29:37AM I'M HERE BEFORE YOU TODAY ON ITEM 63, WHICH IS THE -- MOVING
10:29:42AM THE ADMINISTRATION OF THE HEALTH PLAN FOR THE CURRENT YEAR.
10:29:45AM THIS COVERS ADMINISTRATIVE SERVICES COSTS FOR USING UNITED
10:29:49AM HEALTHCARE'S NETWORK.
10:29:51AM IT ALSO INCLUDES STOP LOSS INSURANCE AND FEDERALLY MANDATED
10:30:00AM FEES AS WELL AS OUR PHARMACY AND MEDICAL CLAIMS EXPENSES FOR
10:30:02AM THE YEAR.
10:30:03AM WE APPRECIATE YOUR SUPPORT OF THIS ITEM.
10:30:05AM >>FRANK REDDICK: ANY QUESTIONS FOR STAFF?
10:30:09AM >>MIKE SUAREZ: QUICK QUESTION.
10:30:10AM YOU SAID MOVING IT, ARE WE MOVING IT FROM ONE COMPANY TO
10:30:13AM ANOTHER?
10:30:13AM OR WHAT ARE WE DOING?
10:30:15AM >> NO, NO.
10:30:15AM JUST APPROVING IT.
10:30:16AM >>MIKE SUAREZ: JUST APPROVING.
10:30:17AM OKAY.
10:30:18AM ARE THERE ANY CHANGES TO WHAT WE'VE DONE PREVIOUSLY WITH
10:30:21AM UNITED HEALTHCARE CONCERNING THE SPENDING ACCOUNTS?
10:30:24AM >> I'M SORRY.
10:30:25AM >>MIKE SUAREZ: I SAID, ARE THERE ANY CHANGES WITH UNITED
10:30:28AM HEALTHCARE SERVICES FOR THE ADMINISTRATIVE SERVICES THAT
10:30:30AM THEY ARE PROVIDING TO US?
10:30:31AM IS THERE ANY DIFFERENCE FROM WHAT WE HAVE DONE PREVIOUSLY?
10:30:35AM >> NO.
10:30:35AM THEY ARE DOING OUR ADMINISTRATIVE SERVICES OF THE CLAIMS
10:30:37AM ADMINISTRATION.
10:30:38AM THEY ARE ALSO PROVIDING FLEXIBLE SPENDING ACCOUNT SERVICES
10:30:42AM FOR US, BUT THERE HAVE BEEN NO MAJOR CHANGES.
10:30:44AM >>MIKE SUAREZ: OKAY.
10:30:45AM WELL, WHAT MINOR CHANGES WERE THERE?
10:30:47AM HAVE THERE BEEN NO CHANGES, SOME CHANGES, WHAT WERE THEY?
10:30:50AM >> FORGIVE ME, YOU ARE AWARE THAT THERE WERE SOME CHANGES TO
10:30:52AM PLAN DESIGN LAST YEAR, WHICH YOU WERE VERY MUCH INVOLVED IN.
10:30:55AM SO THOSE ARE THE ONLY CHANGES.
10:30:57AM >>MIKE SUAREZ: OKAY.
10:30:57AM THANK YOU.
10:30:58AM I JUST WANTED TO MAKE SURE.
10:30:59AM I APPRECIATE IT.
10:31:00AM NO OTHER QUESTIONS, MR. CHAIR.
10:31:03AM I MOVE THE RESOLUTION.
10:31:06AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. SUAREZ.
10:31:08AM SECONDED BY MR. COHEN.
10:31:09AM ALL IN FAVOR OF THE MOTION SAY AYE.
10:31:10AM OPPOSED?
10:31:11AM >> THANK YOU, COUNCIL.
10:31:12AM >>FRANK REDDICK: GO TO ITEM NUMBER 64.
10:31:14AM ANYONE FROM STAFF HERE FOR ITEM NUMBER 64?
10:31:28AM >> GOOD MORNING, COUNCIL.
10:31:29AM >> GOOD MORNING, COUNCIL.
10:31:30AM ROD HATCH, MY WIFE BECKY HATCH.
10:31:33AM >>FRANK REDDICK: NO, WE'RE TALKING ABOUT STAFF?
10:31:35AM ARE YOU A MEMBER OF CITY STAFF?
10:31:37AM >> NO.
10:31:38AM >>FRANK REDDICK: WE'RE TALKING ABOUT CITY STAFF.
10:31:41AM >> SORRY.
10:31:43AM >> I JUST FOLLOW MY WIFE.
10:31:47AM >>MIKE SUAREZ: CHAIR, IF YOU COULD DIRECT, THIS IS NOT A
10:31:49AM PUBLIC HEARING WHEN WE HAVE A STAFF REPORT.
10:31:51AM YOU MIGHT WANT TO TELL THEM THEY DON'T HAVE A ROLE IN
10:31:55AM SPEAKING UNLESS WE ASK THEM TO SPEAK.
10:31:57AM >> MY APOLOGIES.
10:31:58AM >>MIKE SUAREZ: NO, NO PROBLEM.
10:31:59AM WE JUST WANT YOU TO KNOW.
10:32:01AM >> I JUST LISTEN TO HER.
10:32:02AM >>MIKE SUAREZ: GOOD IDEA.
10:32:03AM [ LAUGHTER ]
10:32:04AM >>FRANK REDDICK: I THINK THEY GOT THE MESSAGE.
10:32:05AM ALL RIGHT.
10:32:06AM ANYONE FROM STAFF HERE FOR ITEM NUMBER 64?
10:32:11AM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
10:32:13AM I DID SEE THE STAFF REPRESENTATIVE HERE, BUT I DON'T SEE HIM
10:32:15AM RIGHT NOW, SO MAYBE WE COULD GO TO THE NEXT ITEM AND TRY AND
10:32:19AM GET HIM HERE.
10:32:19AM >>FRANK REDDICK: ALL RIGHT.
10:32:20AM WE'LL TRY ITEM NUMBER 65, ANYBODY HERE FROM --
10:32:24AM >>HARRY COHEN: IT LOOKS LIKE THEY ARE ASKING FOR A
10:32:27AM CONTINUANCE ON THIS, MR. CHAIR.
10:32:28AM SO IF THERE'S NO OBJECTION FROM COUNCIL, I'D MOVE THE
10:32:31AM CONTINUANCE TO JUNE 6, 2019 IN ORDER TO COINCIDE WITH FISCAL
10:32:36AM YEAR 2019 REVENUE AND EXPENDITURE OVERVIEW PRESENTATION.
10:32:38AM >>FRANK REDDICK: A MOTION FROM MR. COHEN.
10:32:40AM SECONDED BY MS. CAPIN.
10:32:41AM ALL IN FAVOR OF THAT MOTION SAY AYE.
10:32:43AM OPPOSED?
10:32:43AM ALL RIGHT.
10:32:45AM THE MOTION CARRIED.
10:32:46AM NOW, WE GO BACK TO OUR 10:30.
10:32:51AM IT'S 10:30 NOW.
10:32:55AM --
10:32:56AM >>MIKE SUAREZ: CHAIR, IF I COULD OPEN THOSE FIRST.
10:32:58AM I APOLOGIZE, CHAIR.
10:33:01AM ITEMS 56 THROUGH 62.
10:33:06AM >>HARRY COHEN: SECOND.
10:33:06AM >>FRANK REDDICK: WE GOT A MOTION FROM MR. SUAREZ.
10:33:09AM SECONDED BY MR. COHEN.
10:33:11AM ALL IN FAVOR OF THE MOTION SAY AYE.
10:33:12AM OPPOSED?
10:33:13AM ALL RIGHT.
10:33:14AM IF YOU'RE GOING TO SPEAK ON ITEM NUMBER 56 THROUGH 62,
10:33:18AM PLEASE STAND TO BE SWORN IN.
10:33:21AM [OATH ADMINISTERED]
10:33:28AM >>FRANK REDDICK: ALL RIGHT.
10:33:28AM WE GO TO ITEM NUMBER 56.
10:33:32AM >>REBECCA KERT: THANK YOU, COUNCIL.
10:33:33AM REBECCA KERT, LEGAL DEPARTMENT.
10:33:35AM I'M HERE ON ITEM 56.
10:33:36AM IT IS A CONTINUED REVIEW HEARING THAT CITY COUNCIL HAD
10:33:38AM ALREADY OPENED A COUPLE OF WEEKS AGO.
10:33:41AM THE UNDERLYING DECISION WAS A DESIGN EXCEPTION 2 FOR HEIGHT.
10:33:45AM YOU HAVE SO FAR HEARD -- IT WAS APPROVED.
10:33:47AM BY THE ZONING ADMINISTRATOR.
10:33:49AM SO THIS IS A THIRD-PARTY REVIEW BY A NEIGHBOR CHALLENGING
10:33:54AM THE ORIGINAL DECISION.
10:33:56AM I WILL HAND OUT AGAIN THE PROCEDURES THAT WE'RE FOLLOWING IN
10:34:00AM CASE YOU DON'T HAVE A COPY FROM LAST TIME AS WELL AS THE
10:34:05AM SAMPLE MOTIONS.
10:34:07AM >>FRANK REDDICK: JUST FOR THE RECORD, WE'RE GOING TO GIVE
10:34:12AM EACH SIDE FIVE MINUTES JUST TO RECAP.
10:34:18AM >>REBECCA KERT: OKAY.
10:34:19AM THAT'S TOTALLY APPROPRIATE.
10:34:20AM YOU LEFT OFF, JUST TO REFRESH EVERYONE'S RECOLLECTION, YOU
10:34:23AM HAD HEARD FROM THE PETITIONER, AND YOU HAD HEARD FROM THE
10:34:26AM UNDERLYING APPLICANT, THE PROPERTY OWNER, AND YOU WERE IN
10:34:28AM THE MIDDLE OF PUBLIC COMMENT.
10:34:30AM IF YOU WOULD LIKE TO START AGAIN WITH A FIVE-MINUTE RECAP
10:34:32AM STARTING WITH THE PETITIONER SEEKING REVIEW AND THEN FIVE
10:34:35AM MINUTES FROM THE ORIGINAL APPLICANT, WHICH IS THE PROPERTY
10:34:37AM OWNER, AND THEN WE WOULD GO BACK INTO PUBLIC COMMENT.
10:34:40AM THANK YOU, SIR.
10:34:40AM >>FRANK REDDICK: WE CAN DO THAT.
10:34:44AM >> GOOD MORNING, COUNCIL.
10:35:08AM MY NAME IS KATHLEEN FARZANEGAN.
10:35:12AM MY HUSBAND AND I OWN A HOME AT 82 COLUMBIA DRIVE WITHIN A
10:35:16AM 250-FOOT RADIUS OF 90 COLUMBIA DRIVE.
10:35:20AM AS I STATED ON FEBRUARY 7, WE WOULDN'T BE HERE TODAY IF THE
10:35:24AM DEVELOPER ADHERED TO THE REQUIREMENTS OF RM-24.
10:35:26AM MY NEIGHBORS AND I LEFT THE ZONING HEARING ON NOVEMBER 9,
10:35:30AM 2017, WITH THE UNDERSTANDING THAT THE DEVELOPER WAS GOING TO
10:35:33AM FOLLOW THE CODE REQUIREMENTS.
10:35:34AM WE BASED OR ASSUMPTIONS ON SEVERAL KEY FACTS.
10:35:39AM THE STAFF REPORT, WHICH I SUBMITTED, STATES, THIS IS A
10:35:43AM EUCLIDEAN ZONING REQUEST, THEREFORE, NO WAIVERS ARE
10:35:47AM PERMITTED.
10:35:48AM THE DEVELOPER'S REPRESENTATIVE, MR. MICHELINI, STATED AT THE
10:35:51AM NOVEMBER 9th ZONING HEARING, AGAIN, THERE ARE NO WAIVERS
10:35:55AM REQUESTED BECAUSE THIS IS NOT A PD.
10:35:57AM ANY DEVELOPMENT WOULD HAVE TO COMPLY WITH RM-24.
10:36:01AM WE ARE GOING TO BE MEETING ALL THE DEVELOPMENT CODES AND
10:36:04AM ALSO WILL HAVE TO MEET THE HEIGHT REGULATIONS AS ESTABLISHED
10:36:08AM IN THE CODE FOR RM-24.
10:36:10AM A MAXIMUM OF NINE DEVELOPMENT UNITS COULD BE ESTABLISHED ON
10:36:14AM THIS PROPERTY, IF WE CAN MEET THE DEVELOPMENT CRITERIA.
10:36:16AM BUT THAT ALSO INCLUDES MEETING ALL THE GREENSPACE
10:36:20AM REQUIREMENTS AS WELL AS THE SETBACKS AND PROVIDE FOR ALL
10:36:24AM ON-SITE PARKING.
10:36:25AM THE PETITION TO REVIEW PROCESS ALLOWS AN AGGRIEVED PERSON TO
10:36:30AM BRING EVIDENCE TO PERSUADE YOU TO OVERTURN A DECISION MADE.
10:36:34AM IN THIS CASE BY MS. GLORIA MOREDA.
10:36:36AM I WANT TO SAY THAT TO A PERSON, EACH CITY STAFF MEMBER I
10:36:40AM INTERACTED WITH DURING THIS PROCESS HAS BEEN PROFESSIONAL,
10:36:43AM KNOWLEDGEABLE, AND COURTEOUS.
10:36:46AM HOWEVER, I STAND HERE TODAY BECAUSE MY NEIGHBORS AND I
10:36:49AM BELIEVE THAT THE DECISION TO ALLOW A DESIGN EXCEPTION WAS
10:36:52AM MADE IN ERROR.
10:36:54AM I'LL FINISH AT THE REBUTTAL.
10:36:56AM THANK YOU.
10:36:57AM >>FRANK REDDICK: NO, NO, NO.
10:36:58AM YOU HAVE FIVE MINUTES.
10:36:59AM THAT'S IT.
10:36:59AM ALL YOU DOING IS RECAPPING.
10:37:03AM FIVE MINUTES.
10:37:03AM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
10:37:06AM THIS WAS HER RECAP.
10:37:07AM AT THE END OF THE PUBLIC COMMENT AND EVERYTHING ELSE, THEY
10:37:09AM DO GET ADDITIONAL REBUTTAL TIME.
10:37:11AM >> I WAS JUST TRYING TO IN THE INTEREST OF TIME LET THE
10:37:13AM PUBLIC KNOW.
10:37:14AM THANK YOU.
10:37:14AM >>FRANK REDDICK: ALL RIGHT.
10:37:15AM NEXT.
10:37:19AM >>JULIA MANDELL: JULIA MANDELL, EAST JACKSON STREET, TAMPA,
10:37:25AM FLORIDA.
10:37:25AM I WANT TO CLARIFY FOR THE PURPOSES OF THE RECORD, I BELIEVE
10:37:27AM I DID HAVE TIME ABOUT 12 MINUTES LEFT FOR REBUTTAL.
10:37:31AM I DON'T ANTICIPATE TAKING ALL OF THAT TIME BUT I WANT TO
10:37:34AM MAKE SURE I HAVE THAT TIME AVAILABLE.
10:37:35AM I REALLY DON'T KNOW THAT I NEED TO RECAP AT THIS POINT,
10:37:38AM OTHER THAN TAKING MY REBUTTAL TIME. IF I COULD GET THAT
10:37:43AM CLARIFIED.
10:37:43AM >>FRANK REDDICK: MS. KERT, DO YOU KNOW HOW MUCH TIME WAS
10:37:46AM LEFT --
10:37:47AM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
10:37:50AM I DO RECALL -- THERE WAS A LOT OF DISCUSSION LAST TIME ABOUT
10:37:52AM HER RESERVING HER TIME.
10:37:54AM HONESTLY, I DON'T WANT TO TESTIFY THAT IT WAS 12 MINUTES,
10:37:56AM BUT THAT SOUNDS ACCURATE, AND I DO RECALL THAT SHE DID HAVE
10:37:59AM TIME THAT SHE SPECIFICALLY RESERVED.
10:38:01AM >>FRANK REDDICK: OKAY.
10:38:02AM >>JULIA MANDELL: IF THAT'S THE CASE, I DON'T NEED TO HAVE
10:38:04AM ANY ADDITIONAL TIME AT THIS TIME, AND I'LL JUST TAKE THE
10:38:06AM REMAINDER AT REBUTTAL.
10:38:08AM THANK YOU.
10:38:08AM >>FRANK REDDICK: ALL RIGHT.
10:38:09AM WE GO TO THE PUBLIC.
10:38:11AM >>MIKE SUAREZ: BEFORE WE GO FORWARD, MS. MANDELL AND
10:38:13AM MS. KERT, TOO, PROBABLY, I JUST WANT TO MAKE SURE, LET'S GET
10:38:16AM THE NUMBER RIGHT.
10:38:17AM IS THE NUMBER 12 MINUTES EXACTLY OR SHOULD WE JUST --
10:38:20AM >>JULIA MANDELL: IT WAS SOMEWHERE AROUND 12 MINUTES.
10:38:23AM IT MIGHT HAVE BEEN A LITTLE MORE.
10:38:24AM >>MIKE SUAREZ: IS THERE GOING TO BE ANY PROBLEM KEEPING IT
10:38:26AM AT 12 MINUTES.
10:38:27AM >>JULIA MANDELL: KEEPING IT AT 12 MINUTES, THAT'S OKAY.
10:38:30AM >>MIKE SUAREZ: IF THAT'S OKAY, I THINK WE SHOULD GO FORWARD
10:38:32AM WITH THAT.
10:38:32AM >>MARTIN SHELBY: MR. CHAIRMAN, JUST A REMINDER, THIS AS
10:38:35AM CONTINUED PUBLIC HEARING, SO THAT THOSE WHO HAVE PREVIOUSLY
10:38:38AM SPOKEN THE LAST TIME HAVE HAD THEIR OPPORTUNITY TO SPEAK.
10:38:42AM THE PUBLIC COMMENT AT THIS CONTINUATION WOULD ONLY BE
10:38:45AM AVAILABLE TO THOSE PEOPLE WHO DID NOT TAKE THE OPPORTUNITY
10:38:49AM AT THE PRIOR PUBLIC HEARING PORTION TO SPEAK.
10:38:53AM SO, PLEASE, LIMIT YOUR COMMENTS TO ONLY THOSE PEOPLE WHO
10:38:56AM HAVE NOT YET SPOKEN.
10:38:58AM THANK YOU.
10:38:59AM >>FRANK REDDICK: OKAY.
10:39:00AM YOU MAY COME.
10:39:08AM >> MR. CHAIRMAN, I'VE BEEN PROVIDED A SPEAKER WAIVER FORM BY
10:39:11AM MR. MULFORD.
10:39:13AM I'LL ATTEMPT TO -- SOME OF THE NAMES ARE ILLEGIBLE.
10:39:17AM CARL LECROY.
10:39:19AM THANK YOU.
10:39:20AM FRED IS THE FIRST NAME.
10:39:22AM IS THERE A FRED?
10:39:23AM WHAT IS YOUR NAME SIR?
10:39:24AM FRED FARZANEGAN.
10:39:27AM THANK YOU.
10:39:29AM ARDINE HAMMOND.
10:39:32AM KATIE MARQUIS?
10:39:33AM IS THERE A HAND?
10:39:36AM OKAY.
10:39:37AM THANK YOU.
10:39:37AM CAROL JOHNS.
10:39:39AM THANK YOU.
10:39:42AM AND MORA LECROY.
10:39:47AM THE LAST NAME IS CROSSED OUT.
10:39:48AM THAT'S SIX ADDITIONAL NAMES FOR A TOTAL OF NINE MINUTES.
10:39:52AM THANK YOU.
10:39:57AM >>FRANK REDDICK: STATE YOUR NAME.
10:39:59AM >> BURT MULFORD.
10:40:01AM MY HUSBAND AND I OWN A HOME AT 41 BARRING STREET DIRECTLY
10:40:06AM ACROSS FROM THE PROPOSED DEVELOPMENT.
10:40:07AM AT THE NOVEMBER 2017 MEETING, I SPOKE OF OUR OPPOSITION TO
10:40:12AM THE REZONING.
10:40:14AM WE WERE CONCERNED BY THE COUNCIL'S DECISION TO APPROVE A
10:40:17AM ZONING REQUEST, BUT WE WERE REASSURED BY THE DEVELOPER'S
10:40:23AM STATEMENT THAT HE WOULD NOT SEEK ANY WAIVERS AND WOULD ONLY
10:40:26AM COMPLY WITH THE RM-24 CODE.
10:40:29AM PLANNING AND DEVELOPMENT ALSO STATED NO WAIVERS WOULD BE
10:40:32AM REQUESTED, AND ALL CODES WOULD BE MET.
10:40:36AM BEING DIRECTLY IMPACTED, I FIRMLY OPPOSE THIS DESIGN
10:40:40AM EXCEPTION, AND ASK COUNCIL TO OVERTURN IT.
10:40:43AM THE DEVELOPER HAS ASKED FOR A HEIGHT VARIANCE TO 33 FEET,
10:40:49AM HOWEVER, AT THE 2017 HEARING, THE DEVELOPER STATED THAT HE
10:40:53AM WAS FULLY AWARE THE PROPERTY WAS IN A FLOOD ZONE, AND THAT
10:40:59AM THE STRUCTURE WOULD HAVE TO BE ELEVATED.
10:41:01AM MS. MOREDA'S LETTER STATES THAT THE ENCROACHMENT INTO THE
10:41:06AM REQUIRED HEIGHT AT THE BASE OF THE SETBACK WILL NOT BE
10:41:09AM INJURIOUS TO THE SAFETY OF OUR BLOCK.
10:41:11AM I FIRMLY DENOUNCE THAT STATEMENT.
10:41:16AM PREVIOUSLY, I'VE REITERATED THAT BARRING STREET IS A MAJOR
10:41:20AM THRUWAY TO COLUMBIA DRIVE PUBLIC VENUES.
10:41:24AM LITTLE LEAGUE BASEBALL, THE ROY JENKINS POOL, THE MARINA,
10:41:28AM THE GARDEN CLUB, AND THE SANDRA FREEDMAN TENNIS COURTS.
10:41:32AM GIVEN THE ADVERSE PARKING SITUATION, I WITNESSED NUMEROUS
10:41:38AM PUBLIC SAFETY INCIDENTS.
10:41:39AM THE ADDED DENSITY AND DANGEROUS ABILITY -- ALLEY
10:41:44AM CONFIGURATION OF THE REVISED DEVELOPMENT WILL BE DETRIMENTAL
10:41:48AM TO PUBLIC SAFETY.
10:41:48AM WALKERS, CYCLISTS, GOLF CART DRIVERS MUST NOW DODGE CARS
10:41:59AM PARKED ILLEGALLY ON BOTH SIDES OF THE STREET.
10:42:01AM THE SITE PLAN SHOWS REAR GARAGES WITH A WIDTH OF 16 FEET
10:42:04AM WHICH WILL NOT PRACTICALLY ACCOMMODATE TWO MEDIUM-SIZED
10:42:10AM CARS.
10:42:10AM IT IS HIGHLY PROBABLE THAT SOME OF THE RESIDENTS WILL BE
10:42:13AM FORCED TO PARK ON THE STREET.
10:42:14AM THERE IS NO ROOM FOR A DUMPSTER, SO THE RESIDENTS WILL HAVE
10:42:18AM TO PUT THE RECYCLING AND GARBAGE BINS IN A NARROW ALLEY,
10:42:22AM FURTHER WORSENING THE CONGESTION.
10:42:24AM THE DEVELOPER STATED THAT ALL ON-SITE PARKING WOULD BE
10:42:27AM PROVIDED.
10:42:28AM LAST JUNE WE HAD A TRAGIC DEATH ON DAVIS ISLANDS IN A NARROW
10:42:35AM ALLEY.
10:42:35AM WHILE THERE WERE MITIGATING CIRCUMSTANCES, THE POTENTIAL
10:42:38AM DANGER EXISTS GIVEN THE NARROW ACCESS AND SIZABLE FOOT AND
10:42:42AM BIKE TRAFFIC.
10:42:43AM THE PROPOSED DESIGN WILL ELEVATE THE RISK OF INJURY.
10:42:47AM THIS DEVELOPMENT DOES NOT COMPLY WITH REQUIRED OFF-STREET
10:42:52AM PARKING FOR VISITORS, SECTION 27-283 (7) TWO VISITOR PARKING
10:43:00AM SPACES WOULD NEED TO BE ADDED TO THE PLAN.
10:43:02AM THIS DESIGN EXCEPTION MIGHT SEEM NEGLIGIBLE TO CITY STAFF,
10:43:07AM BUT IT IS NOT TO THOSE DIRECTLY IMPACTED.
10:43:10AM IT STRIKES ME AS BEING A PRECEDENT-SETTING WORK-AROUND.
10:43:14AM WITH A LOT SIZE OF NEARLY 18,000 SQUARE FEET, THE DEVELOPER
10:43:19AM CAN EFFICIENTLY DESIGN A TOWN-HOUSE PLAN THAT MEETS THE
10:43:23AM RM-24 CODE REQUIREMENTS.
10:43:25AM DAVIS ISLANDS IS UNDER EXTRAORDINARY PRESSURE FOR INCREASED
10:43:31AM DENSITY BEYOND WHAT THE LAND PARCELS CAN SUSTAIN, AND IS
10:43:36AM CONTRARY TO THE COMPOSITION OF THE CHARM AND THE CHARACTER
10:43:40AM OF THE NEIGHBORHOOD.
10:43:41AM IN MY LAST FEW MINUTES, I'D LIKE TO COMMENT ON THE PROCESS.
10:43:48AM I APPRECIATE THE OPPORTUNITY TO APPEAR BEFORE YOU TO STATE
10:43:52AM MY CONCERNS.
10:43:53AM GOVERNMENT ORGANIZATIONS, BY THE VERY NATURE OF THEIR WORK,
10:43:56AM MUST ISSUE GUIDANCE AND DIRECTIVES THAT RUN COUNTER TO WHAT
10:44:00AM MANY CITIZENS WANT.
10:44:02AM HERE IS WHAT DATA TELLS US.
10:44:04AM IF CITIZENS BELIEVE THAT THE PROCESS FOR DECISIONS IS FAIR
10:44:08AM AND TRANSPARENT, A LEVEL OF TRUST IS DEVELOPED BETWEEN THE
10:44:13AM AGENCY AND THE COMMUNITY IMPACTED.
10:44:15AM AND THE MAJORITY OF CITIZENS WILL ACCEPT THE JUDGMENT.
10:44:18AM THERE WERE SEVERAL TIMES IN THIS CASE THAT DID NOT MEET THAT
10:44:24AM STANDARD.
10:44:24AM THE STATEMENTS BY MR. MICHELINI THAT THE DEVELOPMENT WOULD
10:44:27AM ADHERE TO RM-24 CODE AND NOT REQUEST ANY WAIVERS, AND AFTER
10:44:32AM THAT, NOT PRESENTING A SITE PLAN AT THE NOVEMBER 2017
10:44:38AM HEARING, THE COMPRESSED TIME WITH WHICH THE DEVELOPER
10:44:42AM PRESENTED A PLAN WITH DRIVEWAYS IN THE FRONT ON
10:44:45AM NOVEMBER 2nd, 2018, AND THEN ALTERED THE DESIGN TO MOVE
10:44:49AM THE GARAGES TO THE REAR ON NOVEMBER 6th, 2018, THE REQUEST
10:44:55AM FOR A DESIGN EXCEPTION IN HEIGHT, AGAIN, IS REALLY ABOUT
10:44:58AM SETBACK, NOT HEIGHT, WITH THE LETTER APPROVING THE EXCEPTION
10:45:02AM ISSUED NOVEMBER 8, 2018, TWO DAYS LATER.
10:45:07AM THE PROCESS WAS NOT TRANSPARENT.
10:45:10AM IT DID NOT RESPECT NEIGHBORS WHO WERE ON THE RECORD AS BEING
10:45:13AM CONCERNED ABOUT THE DEVELOPMENT.
10:45:15AM IT MADE ABUNDANTLY CLEAR TO US THAT THE REQUEST TO INCREASE
10:45:20AM THE HEIGHT TO 33 FEET WAS A MISREPRESENTATION OF WHAT THE
10:45:25AM REAL GOAL WAS AND A CLEVER SLEIGHT OF HAND BY THE DEVELOPER.
10:45:30AM ON JANUARY 30th, 2019, SEVEN DAYS PRIOR TO THE HEARING OF
10:45:37AM FEBRUARY 7th, MS. JULIA MANDELL SENT A LETTER TO REBECCA
10:45:42AM KERT REGARDING 90 COLUMBIA.
10:45:45AM CLEARLY HIRING AN ATTORNEY IS A DECISION FOR A DEVELOPER TO
10:45:50AM MAKE.
10:45:50AM WHAT CONCERNS ME, THOUGH, IS THAT MS. MANDELL LEFT THE
10:45:54AM CITY'S EMPLOYMENT IN FEBRUARY, 2017, AND WAS BOUND BY THE
10:45:59AM CITY OF TAMPA'S ETHICS CODE TO NOT DO BUSINESS WITH THE CITY
10:46:03AM FOR TWO YEARS, PER SECTION 2-581, POST EMPLOYMENT
10:46:08AM RESTRICTIONS REPRESENTATION OF OTHERS BEFORE THE CITY.
10:46:12AM PERHAPS THE TIME IN QUESTION PRIOR TO THE TWO-YEAR TIMELINE
10:46:17AM SEEMS INSIGNIFICANT.
10:46:18AM HOWEVER, SUCH ACTIONS ERODE TRUST IN THE PROCESS, AND IT
10:46:24AM GIVES THE CLEAR IMPRESSION THAT EVERYONE IS NOT PLAYING BY
10:46:26AM THE RULES.
10:46:27AM ACCORDINGLY, I RESPECTFULLY REQUEST THAT COUNCIL REVERSE
10:46:32AM THIS DECISION.
10:46:33AM I'VE GOT A COUPLE OF PHOTOS.
10:46:37AM HERE IS -- I DON'T KNOW.
10:46:39AM CAN YOU SEE THIS?
10:46:40AM THIS IS COLUMBIA DRIVE, AND IN THE MEETING IN 2017, I
10:46:46AM BELIEVE THERE WAS A MISREPRESENTATION THAT THE MAJORITY OF
10:46:51AM RESIDENCES WERE MULTIFAMILY.
10:46:53AM WE ACTUALLY LIVE DIRECTLY ACROSS THE STREET IN A
10:46:55AM SINGLE-FAMILY HOUSE RIGHT HERE.
10:46:59AM AND THESE ARE ALL SINGLE-FAMILY RESIDENCES ALONG COLUMBIA.
10:47:03AM THE YELLOW DOT IS WHERE THE PROPOSED DEVELOPMENT IS.
10:47:07AM AND THEN AS FAR AS THE PARKING SITUATION ON BERING STREET,
10:47:17AM THIS IS A PHOTOGRAPH OUTSIDE MY FRONT DOOR.
10:47:22AM AS YOU CAN SEE, PARKING IS AT A MINIMAL.
10:47:27AM WE HAVE AN RV -- WE HAD AN RV PARK ACROSS THE STREET FOR 8
10:47:31AM DAYS.
10:47:31AM FINALLY, THIS IS A PHOTOGRAPH OF MY CAR TRYING TO GET IN A
10:47:38AM 16-FOOT-WIDE GARAGE.
10:47:40AM AS YOU CAN SEE, IT HAS ROOM FOR ONE CAR, BUT IT'S VERY
10:47:44AM UNLIKELY THAT YOU WILL COMFORTABLY BE ABLE TO FIT TWO CARS
10:47:48AM OR AT LEAST TWO MEDIUM-SIZE CARS IN THAT GARAGE.
10:47:51AM THANK YOU VERY MUCH.
10:47:58AM >>REBECCA KERT: MR. CHAIRMAN, MS. MANDELL HAS REQUESTED AN
10:48:00AM OPPORTUNITY TO IMMEDIATELY ADDRESS THE ETHICS QUESTION THAT
10:48:02AM WAS RAISED.
10:48:03AM I KNOW IT'S SLIGHTLY OUT OF ORDER, BUT I DO THINK IT IS
10:48:07AM APPROPRIATE.
10:48:07AM IF SHE CAN'T PROCEED ON THE CASE, THEN SHE'LL HAVE TO RECUSE
10:48:10AM HERSELF.
10:48:11AM SO I'D LIKE TO PROVIDE HER THE OPPORTUNITY TO ADDRESS JUST
10:48:13AM THE ETHICS ISSUE THAT WAS RAISED.
10:48:15AM >>FRANK REDDICK: ANY OBJECTION FROM COUNCIL?
10:48:16AM OKAY.
10:48:17AM THIS WILL TAKE AWAY SOME OF YOUR 12 MINUTES.
10:48:23AM >>JULIA MANDELL: IT WILL TAKE A MINUTE JUST FOR ME TO MAKE
10:48:26AM SURE THAT SITUATION THAT HAS NOW BEEN PLACED IN THE RECORD
10:48:29AM IS DEALT WITH.
10:48:29AM IF THERE'S ANY CONCERN ON COUNCIL'S PART, THEN I'M HAPPY TO
10:48:34AM DEAL WITH THAT IMMEDIATELY.
10:48:35AM AS CITY COUNCIL KNOWS, I DID WORK FOR THE CITY FOR QUITE
10:48:38AM SOME PERIOD OF TIME, FOR 13 YEARS.
10:48:41AM I DID LEAVE THE CITY.
10:48:42AM I DID NOT DO ANY WORK -- ANY WORK BEFORE THE CITY UNTIL MY
10:48:46AM TWO YEARS WAS UP.
10:48:48AM MY TWO YEARS WAS UP WHEN I TOOK THIS CASE AND GOT INVOLVED.
10:48:51AM IF THERE'S AN ISSUE, THAT SHOULD HAVE BEEN RAISED BEFORE
10:48:54AM THIS HEARING, AS I PROPERLY RAISED ISSUES I FELT WERE
10:48:58AM APPROPRIATE BEFORE THIS HEARING.
10:49:01AM THEREFORE, I JUST WANTED TO PUT THAT ON THE RECORD NOW.
10:49:03AM I'D LIKE TO PUT THAT TO REST NOW.
10:49:05AM IF THERE'S AN ISSUE, I WOULD LIKE CITY COUNCIL TO RAISE THAT
10:49:08AM ISSUE WITH ME NOW.
10:49:09AM OTHERWISE, I'D LIKE TO GO BACK TO THE HEARING.
10:49:11AM THANK YOU.
10:49:16AM >>LUIS VIERA: I OBVIOUSLY SEE NO ISSUE.
10:49:18AM FROM MY UNDERSTANDING, YOU'RE WELL WITHIN YOUR ETHICAL
10:49:21AM LEGAL, ET CETERA, RIGHTS, AND JUST AS A COLLEAGUE, JUST YOU
10:49:25AM OBVIOUSLY HAVE A GREAT REPUTATION FOR BEING A PUBLIC SERVANT
10:49:28AM AND GREAT ATTORNEY.
10:49:29AM SO I SEE NO ISSUE.
10:49:30AM THANK YOU.
10:49:31AM >>FRANK REDDICK: ALL RIGHT.
10:49:31AM THE NEXT SPEAKER.
10:49:35AM >> GOOD MORNING.
10:49:35AM COUNCIL MEMBERS, I'M CHRISTINE DERR.
10:49:39AM THE LAST NAME IS SPELLED D-E-R-R.
10:49:43AM I'M GOING TO TRY TO PUT SOME PHOTOS DOWN.
10:49:48AM I'VE BEEN SWORN.
10:49:49AM TELL ME IF THIS WORKS.
10:49:53AM UPSIDE DOWN?
10:50:02AM >> WE'RE SEEING THE BACK OF THE PHOTO.
10:50:04AM THERE YOU GO.
10:50:05AM >> THANK YOU.
10:50:05AM OKAY.
10:50:06AM SO WHAT I'M SHOWING YOU IS 78 COLUMBIA.
10:50:11AM THAT'S MY HOUSE.
10:50:12AM 70 COLUMBIA, 74 COLUMBIA.
10:50:16AM AND THEN WE'VE GOT 82 COLUMBIA.
10:50:19AM THAT IS THE FARZANEGAN'S HOUSE.
10:50:23AM KATHY SPOKE A MOMENT AGO.
10:50:25AM TO GIVE YOU AN IDEA OF THAT ROAD, THAT BURT WAS JUST SHOWING
10:50:29AM YOU OF SINGLE-FAMILY HOMES, THIS IS THOSE OF US IN A ROW
10:50:34AM THERE.
10:50:35AM OKAY.
10:50:36AM SO I'M 78 COLUMBIA.
10:50:38AM I'M HERE TO ASK THAT THE NEW CONSTRUCTION WITHIN OUR
10:50:41AM COMMUNITY FOLLOW THE CODE.
10:50:43AM OTHER THAN THE FAIRLY LARGE ASSEMBLAGE, THERE'S NOTHING
10:50:47AM UNUSUAL ABOUT THIS SITE WHICH EXCEEDS 17,000 SQUARE FEET AND
10:50:52AM A SUBSTANTIALLY RECTANGULAR PROPERTY.
10:50:54AM THE CITY CODE PROVIDE FOR A NUMBER OF BUILDABLE OPTIONS
10:50:58AM WHICH WOULD NOT REQUIRE AN EXCEPTION OR A VARIANCE.
10:51:00AM SPECIFICALLY, THE CITY ZONING DISTRICTS IDENTIFIED AS RM-16
10:51:05AM AND RM-18 ALLOW FOR THE CONSTRUCTION OF SIX TOWNHOMES ON THE
10:51:09AM SITE.
10:51:10AM ADDITIONALLY, PER TABLE 4-2, INCLUDED WITHIN SECTION 27-156
10:51:17AM OF THE CODE, THE TOWNHOMES COULD REACH A HEIGHT OF 35 FEET
10:51:22AM WITHOUT ANY REDUCTION OF YARD SETBACKS.
10:51:24AM IF THE 33 FEET HEIGHT IS REALLY THE ISSUE, THE APPLICANT
10:51:28AM COULD PURSUE THE REZONING OF THE SITE TO AN RM-16, OR AN
10:51:33AM RM-18 AND BUILD THE UNITS IN CONFORMITY WITH THE CODE.
10:51:36AM THE APPLICANT ALSO HAS THE ABILITY TO BUILD THE TOWNHOMES
10:51:40AM WITHIN THE RM-24 ZONING SPECIFICATIONS, WHICH ALLOWS FOR
10:51:45AM MAXIMUM HEIGHT OF 60 FEET, SUBJECT TO THE REQUIREMENT THAT
10:51:49AM FOR EACH FOOT OF BUILDING HEIGHT ABOVE 30 FEET, THE REQUIRED
10:51:53AM YARDS SHALL BE INCREASED BY ONE FOOT.
10:51:55AM PER SECTION 27-43, HEIGHT IS THE VERTICAL DISTANCE BETWEEN
10:51:59AM THE FINISHED GRADE TO THE HIGHEST POINT OF THE STRUCTURE.
10:52:02AM THE DESIGN EXCEPTION DECISION LETTER WAS INCONSISTENT WITH
10:52:06AM THE CODE.
10:52:07AM WHEN THE STRUCTURE HEIGHT WAS MEASURED --
10:52:10AM [ BELL SOUNDS ]
10:52:10AM -- FROM THE STRUCTURE FRONT VERSUS THE HIGHEST POINT.
10:52:13AM THIS STRUCTURE IS APPROXIMATELY 42 FEET IN HEIGHT AND NOT
10:52:18AM 33 FEET.
10:52:19AM THEREFORE, THE YARD SETBACK SHOULD INCREASE.
10:52:22AM PLEASE FOLLOW OUR CODE.
10:52:26AM WE ASK TO YOU OVERTURN THIS DECISION AND REQUIRE THAT THE
10:52:29AM APPLICANT DEVELOP THEIR SITE IN CONFORMITY WITH THE CODES.
10:52:32AM IT'S REALLY THAT SIMPLE.
10:52:33AM IF THEY WANT TOWNHOMES WITH A 42-FOOT HEIGHT BUILD, WE'D ASK
10:52:39AM THAT THEY REQUIRE --
10:52:40AM [ BELL SOUNDS ]
10:52:40AM -- THE INCREASED SETBACKS.
10:52:42AM THANKS FOR YOUR CONSIDERATION.
10:52:43AM APPRECIATE IT.
10:52:43AM I'M SUBMITTING SOME SUPPORTING DOCUMENTATION.
10:52:49AM >>FRANK REDDICK: THE NEXT SPEAKER.
10:52:50AM NEXT SPEAKER.
10:52:58AM >> HI.
10:53:06AM I'M CONNIE GIABATE, DAVIS ISLAND RESIDENT.
10:53:11AM I'VE BEEN BEFORE THIS COUNCIL BEFORE TO TALK ABOUT TRAFFIC
10:53:13AM ISSUES ON DAVIS ISLANDS.
10:53:14AM AND THIS TIME I'M FOCUSING STRICTLY ON COLUMBIA.
10:53:18AM ACCORDING TO THE STATISTICS PROVIDED TO ME BY THE CITY,
10:53:24AM THERE HAVE BEEN A TOTAL OF 17 CRASHES ON COLUMBIA.
10:53:30AM IT WAS FROM 2014 TO 2018, BUT 17 ON-STREET.
10:53:35AM IN OTHER WORDS, THE CRASHES OCCURRED ON COLUMBIA.
10:53:37AM THERE WERE ANOTHER 19 CRASHES ON THE OTHER STREETS WHERE
10:53:45AM COLUMBIA WAS THE CROSS STREET.
10:53:48AM SO WE HAVE A TOTAL OF 36 CRASHES OR ABOUT 9 PER YEAR IN THAT
10:53:53AM AREA.
10:53:54AM IT IS HEAVY TRAFFIC.
10:53:56AM AS YOU ALSO KNOW, AND I PRESENTED TO THE COUNCIL ALREADY, WE
10:53:59AM ARE DEALING WITH ABOUT 21,000 CARS COMING ON TO THE ISLAND.
10:54:04AM A LOT OF THAT IS TAMPA GENERAL, BUT EVEN FROM THE ARBOR
10:54:08AM SOUTH, IT'S OVER 10,000 CARS PER DAY COMING ON, AND SLIGHTLY
10:54:13AM MORE LEAVING.
10:54:14AM THOSE LEAVING OUR ISLAND ARE 21 SOMETHING -- ALMOST 22
10:54:21AM THOUSAND CARS.
10:54:21AM SO A LOT OF THE CARS ARE TAMPA GENERAL, AND THEY USE
10:54:25AM COLUMBIA BECAUSE THE VISITORS PARKING AND THE EMPLOYEE
10:54:28AM PARKING EMPTY OUT ON TO COLUMBIA, AND THEY HAVE TO COME DOWN
10:54:32AM COLUMBIA.
10:54:33AM TAMPA GENERAL REPORTS 33,000 CARS VISITING THEIR SITE PER
10:54:38AM DAY, ON THE DAVIS ISLANDS SITE.
10:54:40AM SO YOU CAN SEE HOW WE ARE ALREADY OVER -- WE ARE
10:54:44AM OVER-INUNDATED WITH TRAFFIC IN THIS AREA.
10:54:48AM I WILL POINT TO THIS AREA RIGHT HERE WHERE 90 COLUMBIA IS
10:54:53AM LOCATED.
10:54:53AM AND THERE WERE SEVEN CRASHES THERE ALONE.
10:54:59AM AGAIN, THERE'S A LOT OF TRAFFIC.
10:55:00AM IN JUNE OF 2018, I PRESENTED TO THE COUNCIL THE ISSUES THAT
10:55:05AM DAVIS ISLANDS RESIDENTS VOICED PER OUR NEXT DOOR PLATFORM,
10:55:10AM AND SPEEDING VEHICLES MAKE IT DANGEROUS FOR PEDESTRIANS,
10:55:14AM BICYCLISTS AND CARS.
10:55:16AM SPEEDING CARS, 20 MILES PER HOUR IGNORED, AND STOP SIGNS ARE
10:55:19AM RUN, PUTTING CHILDREN IN DANGER OF GETTING HIT.
10:55:22AM HIGH-VOLUME CARS, SPEEDING OVER 20 MILES PER HOUR, SPEED
10:55:27AM LIMIT IS DANGEROUS FOR OUR CHILDREN AND OTHER PEDESTRIANS.
10:55:30AM SO ADDING EVEN MORE VEHICLES, ESPECIALLY TO THIS LOCATION,
10:55:35AM WE'RE GOING TO SEE THOSE STATS INCREASE.
10:55:37AM SO I'D LIKE YOU TO TAKE THAT INTO CONSIDERATION.
10:55:42AM WE NEED TO PROTECT OUR NEIGHBORHOOD SO I'M ASKING CITY
10:55:47AM COUNCIL FOR THOSE OF YOU RUNNING FOR OTHER OFFICES TO PLEASE
10:55:50AM UPHOLD THAT PROMISE WHERE YOU SAID YOU WERE GOING TO PROTECT
10:55:53AM OUR NEIGHBORHOODS.
10:55:54AM THANK YOU.
10:56:03AM >> GOOD MORNING, COUNCIL.
10:56:05AM MY NAME IS PHYLLIS FLEMMING.
10:56:07AM I'M A NATIVE OF TAMPA AND A LONGTIME RESIDENT OF DAVIS
10:56:11AM ISLANDS.
10:56:11AM I'M CURRENTLY THE CHAIR OF THE DAVIS ISLANDS STEWARDSHIP
10:56:16AM COMMITTEE FOR THE DAVIS ISLANDS COMMUNITY PLAN.
10:56:18AM AND I ASK THAT YOU OVERTURN THIS DESIGN EXCEPTION FOR THE
10:56:21AM FOLLOWING THREE REASONS: THE REQUEST FAILS TO RECOGNIZE THE
10:56:26AM DAVIS ISLANDS COMMUNITY PLAN AS APPROVED BY THE TAMPA CITY
10:56:29AM COUNCIL ON NOVEMBER 15th, 2007.
10:56:33AM THE COMMUNITY PLAN ESTABLISHES CRITERIA FOR COMPATIBLE
10:56:38AM RESIDENTIAL DEVELOPMENT AND REFERENCES URBAN VILLAGES AS
10:56:43AM FOLLOWS IN THE ADOPTED 2040 TAMPA COMPREHENSIVE PLAN.
10:56:47AM SPECIFICALLY, PAGE 44 OF THE COMP PLAN STATES, AND I QUOTE:
10:56:54AM SOME URBAN VILLAGES HAVE SEEN SUBSTANTIAL GROWTH AND CHANGE,
10:57:02AM EG, THE CHANNEL DISTRICT, BECAUSE THAT IS WHAT IS CALLED FOR
10:57:05AM IN THEIR SECONDARY PLANS.
10:57:07AM OTHER URBAN VILLAGES WILL SEE ONLY MODEST CHANGE BECAUSE
10:57:11AM THEIR SECONDARY PLANS DON'T CALL FOR A LOT OF GROWTH AND
10:57:14AM CHANGE.
10:57:15AM E.G., DAVIS ISLANDS AND HYDE PARK.
10:57:20AM AS A PROPONENT OF WELL-PLANNED, SUSTAINABLE DEVELOPMENT, I
10:57:23AM AGREE THAT A STANDARD EUCLIDEAN ZONING IS APPROPRIATE HERE.
10:57:26AM HOWEVER, THE DESIGN EXCEPTION BEING REQUESTED USURPS THE
10:57:31AM DEVELOPMENT STANDARDS REQUIRED BY EUCLIDEAN ZONING DISTRICT
10:57:35AM AND EXACERBATES ISSUES THAT YOU'VE ALREADY HEARD THAT ARE
10:57:38AM CHARACTERISTIC OF AN OVERDEVELOPED SITE.
10:57:40AM MY FINAL POINT IS THAT, BELIEVE IT OR NOT, THE TAMPA
10:57:46AM COMPREHENSIVE PLAN HAS AN ENTIRE SECTION DEVOTED TO THE
10:57:50AM GOALS, OBJECTIVES, AND POLICIES FOR NEIGHBORHOODS AND
10:57:53AM COMMUNITY PLANS.
10:57:54AM THE FOLLOWING POLICIES ARE PERTINENT TO THE SPECIFIC
10:57:58AM SITUATION, AND SHOULD BE REGARDED AS AN ADDITIONAL BASIS ON
10:58:01AM WHICH TO OVERTURN THIS DESIGN EXCEPTION REQUEST.
10:58:04AM NE POLICY 1.3.9, RELATE NEW BUILDINGS TO THE CONTEXT OF THE
10:58:11AM NEIGHBORHOOD AND COMMUNITY.
10:58:14AM NE POLICY 1.3.10, WHERE A FINE-GRAIN DEVELOPMENT PATTERN
10:58:23AM BUILDING WITHIN THE EXISTING STREET BLOCK AND LOT
10:58:25AM CONFIGURATION OF THE NEIGHBORHOOD.
10:58:26AM I RESPECTFULLY REQUEST THAT YOU OVERTURN THIS DESIGN
10:58:30AM EXCEPTION AND RESPECT OUR COMMUNITY PLAN.
10:58:31AM THANK YOU.
10:58:37AM >> HI.
10:58:40AM GOOD MORNING.
10:58:40AM I'M DENISE CASSIDY, AND I'M A LONGTIME RESIDENT OF DAVIS
10:58:44AM ISLANDS.
10:58:45AM I WILL ADMIT, I'M VERY DISAPPOINTED TO BE HERE AGAIN
10:58:49AM DISCUSSING, YOU KNOW, OUR COMMUNITY PLAN, AND NO ONE REALLY
10:58:52AM WANTING TO WORK WITH THE COMMUNITY PLAN THAT WAS APPROVED IN
10:58:55AM 2007.
10:58:56AM BUT IN SHORT, I THINK THIS IS NOT ABOUT HEIGHTS; IT'S ABOUT
10:59:01AM THE SETBACKS.
10:59:01AM THE DEVELOPER CLEARLY KNEW WHEN HE PURCHASED THAT THIS SITE
10:59:08AM AND DAVIS ISLANDS WERE FLOOD ZONES.
10:59:10AM HE HAD PREVIOUSLY DEVELOPED -- HE HAS PREVIOUSLY DEVELOPED
10:59:14AM ON THE ISLAND.
10:59:15AM THIS WAS NOT A DESIGN DISCOVERY, AS REPRESENTED BY THE
10:59:17AM ARCHITECT.
10:59:18AM WHAT WAS DONE IS A PRECEDENT-SETTING CODE WORK-AROUND.
10:59:22AM THE PROPOSED DEVELOPMENT NOT ONLY DOES NOT COMPLY WITH
10:59:27AM CODE-REQUIRED SETBACKS, BUT IT'S ALSO BEING ALLOWED UPPER
10:59:32AM FLOOR CANTILEVER INTO SETBACK AREAS AND TOP FLOOR STAIRWELL
10:59:37AM WHICH IS REALLY A VESTIBULE FOR A TOP-FLOOR OCCUPIABLE
10:59:42AM SPACE.
10:59:42AM [ NO ENCODER ]
11:00:07AM [ NO ENCODER ]
11:00:23AM [ NO ENCODER ]
11:00:24AM >> THE ONLY ISSUE REALLY BEFORE YOU TODAY IS THE DESIGN
11:00:27AM EXCEPTION AND THE HEIGHT ISSUES.
11:00:29AM I UNDERSTAND THERE ARE SOME OTHER ISSUES THAT HAVE BEEN
11:00:31AM RAISED, TRAFFIC, DENSITY AND THOSE OTHER ISSUES, BUT THAT IS
11:00:34AM NOT WHAT'S IN FRONT OF YOU TODAY.
11:00:36AM IT'S SIMPLY THE ONE ISSUE OF WHETHER OR NOT THE ZONING
11:00:38AM ADMINISTRATOR PROPERLY APPROVED THE DESIGN EXCEPTION.
11:00:41AM THIS WAS REZONED TO EUCLIDEAN DISTRICT.
11:00:46AM THAT EUCLIDEAN DISTRICT ALLOWS MULTIFAMILY, INCLUDING
11:00:49AM SINGLE-FAMILY DETACHED, SINGLE-FAMILY ATTACHED, TOWN HOUSES,
11:00:54AM CONDOS.
11:00:54AM IT ALSO ALLOWS UP TO 60 FEET IF YOU WEDDING CAKE IT IN.
11:01:00AM THIS PROJECT, WHICH CAME BEFORE THE STAFF AFTER RECEIVING
11:01:04AM THE RM-24 ZONING CLASSIFICATION, WHICH, BY THE WAY, I KNOW
11:01:09AM YOU KNOW THIS.
11:01:10AM I WANT TO MAKE SURE FOLKS IN THE AUDIENCE KNOWS THIS, DOES
11:01:12AM NOT REQUIRE A SITE PLAN FOR APPROVAL.
11:01:14AM CAME BEFORE TO ALLOW A MULTITUDE OF USES THAT I'VE
11:01:17AM DESCRIBED.
11:01:17AM WHEN THEY CAME IN TO DEVELOP, THEY CHOSE TO DEVELOP
11:01:21AM SINGLE-FAMILY ATTACHED AT ONE LEVEL, 33 FEET ACROSS THE
11:01:25AM ENTIRE LEVEL, PLUS THE ITEMS THAT ARE ALLOWED ON TOP OF THAT
11:01:29AM HEIGHT DETERMINATION.
11:01:30AM THE ARCHITECT IS GOING TO DESCRIBE THAT A LITTLE FURTHER.
11:01:34AM SO IT IS UNIFORM ACROSS THE DEVELOPMENT, SO YOU DON'T HAVE
11:01:37AM THAT WEDDING CAKE.
11:01:38AM IT'S NOT GOING TO GO UP TO 60 FEET.
11:01:41AM IT WILL STAY AT THE 33 FEET ACROSS THE BOW AND THE DESIGN
11:01:44AM EXCEPTION WAS REQUESTED AS A RESULT OF THE FEMA MAP
11:01:47AM REGULATIONS.
11:01:47AM I PROVIDED COUNCIL, WHICH PROBABLY WAS A LITTLE CONFOUNDING,
11:01:51AM A COPY OF AN ORDER AND SOME TRANSCRIPTS FROM A PREVIOUS
11:01:55AM CASE, WHICH WAS STRIKINGLY SIMILAR TO THIS CASE ON DAVIS
11:02:00AM ISLAND, A HEIGHT INCREASE FOR A SINGLE-FAMILY RESIDENTIAL,
11:02:02AM THE ORIGINAL REQUEST WAS FROM 35 FEET TO 38.5 FEET.
11:02:06AM THAT WAS REDUCED DURING THE PROCESS.
11:02:08AM THAT CASE, WHICH WAS OBJECTED TO BY SOME FOLKS ON DAVIS
11:02:12AM ISLAND BECAUSE IT WAS A CASE ON DAVIS ISLAND, ENDED UP IN
11:02:16AM THE COURTS.
11:02:17AM AND I THOUGHT IT WAS REALLY INTERESTING, THE COURT ORDER,
11:02:20AM BECAUSE I THINK ONE OF THE ISSUES THAT YOU'VE HEARD TODAY,
11:02:22AM AND I UNDERSTAND THAT THAT CAN BE FRUSTRATING, BUT IT IS
11:02:25AM ACCURATE, WHAT IS THE DIFFERENCE BETWEEN DESIGN EXCEPTION
11:02:27AM AND A VARIANCE?
11:02:28AM AND THE COURT -- AND THIS IS ON PAGE 102 -- I'LL READ IT
11:02:34AM OUT.
11:02:34AM THE UNDERLYING REQUEST WAS NOT ONE FOR A VARIANCE.
11:02:37AM AGAIN, THIS WAS A DESIGN EXCEPTION FOR THE EXACT SAME
11:02:39AM PURPOSE, FOR INCREASING HEIGHT DUE TO FEMA MAPS.
11:02:41AM RATHER, THE REQUESTED HEIGHT INCREASE WAS REQUESTED UNDER
11:02:45AM REGULATIONS PER A DESIGN EXCEPTION, TO COMPARE THE TWO, A
11:02:49AM VARIANCE REQUEST APPROVAL FOR SOMETHING NOT CURRENTLY
11:02:51AM ALLOWED UNDER THE CODE, WHEREAS, A DESIGN EXCEPTION MAY
11:02:54AM DEVIATE FROM THE STRICT APPLICATION OF THE CODE, BUT SUCH
11:02:58AM DEVIATION IS CONTEMPLATED BY THE CODE.
11:03:00AM SO WHILE I UNDERSTAND FRUSTRATION BY THE NEIGHBORS SAYING,
11:03:04AM WELL, THEY ASKED FOR THIS AND THEY DIDN'T WANT WAIVERS, BUT
11:03:07AM NOW THEY'RE SEEKING A WAIVER, THAT IS THE PURPOSE BEHIND THE
11:03:10AM DESIGN EXCEPTION, TO ALLOW FOR THIS TYPE OF FLEXIBILITY AND
11:03:13AM TO ALLOW FOR DESIGN OCCURRENCES IN THE FIELD WHEN THAT
11:03:16AM HAPPENS.
11:03:17AM I ALSO, FOR THE PURPOSES OF THE RECORD, WENT AHEAD AND PUT
11:03:21AM IN THE CLOSED CAPTION FROM THAT PROCEEDING, BECAUSE I
11:03:23AM THOUGHT THAT WAS REALLY INTERESTING AS WELL, AND I THOUGHT
11:03:25AM IT INFORMED THIS HEARING.
11:03:26AM AT THAT PARTICULAR HEARING, THE ARCHITECT WHO IS
11:03:30AM REPRESENTING THE HOMEOWNER AT THE TIME, BECAUSE IT WAS A
11:03:33AM SINGLE-FAMILY HOME, TESTIFIED TO COUNCIL THAT TAMPA IS
11:03:38AM UNIQUE IN THE WAY THEY MEASURE HEIGHT.
11:03:39AM THEY MEASURE IT FROM NATURAL GRADE, NOT BASED UPON FEMA
11:03:43AM FLOOD ELEVATIONS.
11:03:44AM AND HE INDICATED IN THE TRANSCRIPT THAT HE WORKED ACROSS THE
11:03:47AM STATE.
11:03:48AM AND THIS WAS INCREDIBLY UNUSUAL.
11:03:49AM AND I THINK THAT YOU PROBABLY ARE SEEING A LOT MORE DESIGN
11:03:52AM EXCEPTIONS, AS A FEMA FLOOD MAPS CHANGE ALL OVER THE CITY AS
11:03:57AM A RESULT OF THE WAY WE MEASURE HEIGHT IN THE CITY.
11:03:59AM THAT MAY BE SOMETHING FOR YOU TO CONSIDER MOVING FORWARD.
11:04:03AM CHANGING THAT HEIGHT REGULATION.
11:04:04AM AND HOW THAT'S DEALT WITH.
11:04:06AM OR CHANGING THE STANDARDS FOR YOUR DESIGN EXCEPTION.
11:04:08AM BUT WHAT SITS IN FRONT OF YOU TODAY IS A REQUEST FOR A
11:04:12AM DESIGN EXCEPTION THAT WAS APPROVED BY YOUR ZONING
11:04:15AM ADMINISTRATOR UNDER THE CODE IN A MANNER CONSISTENT WITH HOW
11:04:18AM OTHER DESIGN EXCEPTIONS OF SIMILAR NATURE HAVE BEEN
11:04:20AM APPROVED, AND THAT WAS APPROVED.
11:04:22AM THAT IS IN FRONT OF YOU FOR THE PETITION FOR REVIEW, AND
11:04:26AM THERE WAS REALLY, OTHER THAN OBJECTIONS TO THE DENSITY, THE
11:04:31AM TYPES OF USE, WHAT'S HAPPENING ON DAVIS ISLAND, THERE REALLY
11:04:34AM ISN'T ANY OTHER SUBSTANTIAL COMPETENT EVIDENCE IN THIS
11:04:38AM RECORD AS IT RELATES TO THOSE ISSUES ON THE FEMA MAPS.
11:04:41AM ONE OTHER THING I JUST WANT TO RAISE AND I'LL ASK THE
11:04:44AM ARCHITECT TO GET UP, I DID HEAR SOME TESTIMONY ABOUT THE
11:04:47AM DAVIS ISLAND COMMUNITY PLAN.
11:04:49AM THERE WERE A TREMENDOUS NUMBER OF COMMUNITY PLANS THAT WERE
11:04:52AM DONE IN 2006, 2007, SOME EVEN BEFORE THEN.
11:04:56AM THOSE WERE NEVER IMPLEMENTED AS REGULATIONS.
11:04:58AM THEY ARE NOT PLACED WITHIN THE COMPREHENSIVE PLAN NOR ARE
11:05:01AM THEY PLACED WITHIN THE ZONING CODE.
11:05:03AM AS A RESULT OF THAT, THERE IS NO OPPORTUNITY FOR THIS CITY
11:05:06AM TO REQUIRE DEVELOPERS TO COMPLY WITH THAT.
11:05:08AM AND WITH THAT, I'LL CEDE THE REST OF MY TIME.
11:05:19AM >> GOOD MORNING.
11:05:20AM MICHAEL COLOUSO WITH PLAN MARK DESIGN STUDIO.
11:05:25AM THE LAST TIME I WAS HERE, I TRIED TO EXPLAIN A LITTLE BIT
11:05:28AM ABOUT THE HEIGHT EXCEPTION, WHICH IS -- WE HAVE A RED LINE
11:05:36AM HERE.
11:05:36AM OUR HEIGHT IS MEASURED AT 32 FEET, 9 INCHES.
11:05:40AM IT'S TO THE HIGHEST POINT OF THE ROOF.
11:05:42AM THE EXCLUSION PER SECTION 27-158, YOU EXCLUDE PARAPETS UNDER
11:05:47AM FIVE FEET AND STAIR ENCLOSURES.
11:05:49AM SO WE ARE WITHIN THE RULES AS FAR AS THE HEIGHT MEASUREMENTS
11:05:53AM GO.
11:05:54AM AND AS I EXPLAINED BEFORE, THIS IS A STRUCTURE.
11:05:58AM WE'RE TRYING TO GIVE ACCESSIBILITY.
11:06:01AM A LOT OF TIMES YOU SEE THESE PROJECTS HAVE STAIRS, REALLY,
11:06:04AM PEOPLE ON WHEELCHAIRS OR BAD BACKS, CAN'T GO UP THE STAIRS
11:06:09AM EVERY DAY.
11:06:09AM WE'LL HAVE A SMALL THRESHOLD AS A GARAGE, SOMEBODY CAN
11:06:13AM WHEELCHAIR RIGHT IN, GET INTO AN ELEVATOR.
11:06:15AM ON TOP OF THAT, IT'S A TWO-STORY TOWNHOME.
11:06:18AM I DO A LOT OF THESE PROJECTS ALL AROUND THE STATE, AND THERE
11:06:23AM ARE DIFFERENT MEASUREMENTS.
11:06:24AM SOMETIMES THEY MEASURE ON A PITCHED ROOF TO THE FASCIA, CITY
11:06:28AM OF TAMPA GOES TO THE PEAK.
11:06:30AM SOMETIMES THEY MEASURE TO THE BASE FLOOD ELEVATION.
11:06:32AM SOMETIMES THE FINISHED FLOOR.
11:06:35AM IN THIS CASE, THE WORST CASE, WE'RE GOING TO THE FINISHED
11:06:38AM FLOOR TO THE HIGHEST POINT THAT'S MEASURABLE PER THE
11:06:41AM STATUTES HERE.
11:06:42AM EVERYTHING HERE WE HAVE MEETS CODE.
11:06:48AM WE HAVE A 7-FOOT SETBACK HERE, WHICH IS EQUIVALENT TO WHAT
11:06:51AM YOU WOULD GET IN ANY SINGLE-FAMILY ZONING.
11:06:54AM SO R-35 OR WHATEVER, THEY ALL HAVE 7 FEET.
11:06:59AM AND, YOU KNOW, WHAT I THINK WOULD BE COMFORTING FOR THE
11:07:02AM COMMUNITY IS THE FACT THAT THIS ALSO ALLOWS FOR A
11:07:08AM CONDOMINIUM.
11:07:08AM CONDOMINIUM IS A MULTIFAMILY.
11:07:10AM THAT WOULD REDUCE IT TO FIVE FEET.
11:07:12AM SO THIS REALLY -- WE'RE AFFORDING AN ADDITIONAL TWO FEET.
11:07:16AM THIS IS PRETTY STANDARD.
11:07:18AM WE WORK WITHIN IT.
11:07:21AM WE ARE ALLOWED TO HAVE SMALL PROJECTIONS PER THE CODE AS
11:07:24AM WELL.
11:07:24AM SO WE HAVE LITTLE, SMALL LITTLE FRAME PAD-OUTS THAT YOU
11:07:28AM MIGHT HEAR, BUT THESE ARE ALL WITHIN THE REQUIREMENTS THAT
11:07:33AM WE FOLLOW IN THE MUNI CODE.
11:07:36AM THE OTHER THING THAT -- THE OTHER THING, AS FAR AS, I HEARD
11:07:41AM SOME ARGUMENTS ABOUT SOME OF THE GARBAGE AND WHERE ALL
11:07:48AM THAT'S GOING TO GO, WE HAVE A LARGE GARAGE, ACTUALLY.
11:07:52AM I DON'T KNOW IF YOU CAN SEE IT ON HERE.
11:07:54AM IT'S KIND OF HARD TO SEE, BUT I PUT IN HERE, THE TYPICAL
11:07:57AM GARAGE SIZE IS A 19-INCH BY 20-FOOT DEPTH, AND WE ARE WELL
11:08:02AM OVER THAT.
11:08:03AM WE ARE -- WE ARE OVER 23 FEET INSIDE TO INSIDE, AND WE HAVE
11:08:08AM A 22 FEET, 4 NUMBERS OF.
11:08:10AM SO -- 4 INCHES, SO WE HAVE, IN THIS CASE HERE, WE HAVE
11:08:14AM 40 INCHES ON THE SIDE ADDITIONAL.
11:08:16AM YOU CAN PUT YOUR CANS ON THE SIDE HERE.
11:08:18AM THERE IS A LOCATION HERE.
11:08:20AM AND WE HAVE EVEN A LITTLE SPOT HERE, WHEN THE GARBAGE MAN
11:08:23AM LEAVES IT, SO YOU DON'T HAVE GARBAGE CANS JUST BEING LEFT
11:08:27AM EVERYWHERE.
11:08:27AM WE'RE NOT GOING TO NEED A TRASH CORRAL.
11:08:29AM ANOTHER THING, A LOT OF PEOPLE USE THE GARAGES FOR STORAGES,
11:08:32AM SO THEY CAN'T USE THE PARKING.
11:08:35AM AND SO WE HAVE STORAGE HERE IN A FLEX AREA HERE.
11:08:37AM WE HAVE STORAGE HERE FOR WHETHER THEY'RE GOING TO PUT THINGS
11:08:40AM THAT ARE MORE -- THAT NEED TO BE LOCKED IN SAFES.
11:08:45AM AND WE HAVE ADDITIONAL STORAGE ON OUR THIRD FLOOR, WHICH IS
11:08:48AM A WALK-IN FOR PEOPLE WANTING TO STORE THEIR HOLIDAY STUFF,
11:08:52AM SO NO ONE IS GOING TO BE NEEDING TO CRAM THEIR GARAGE, SO
11:08:56AM THEY CAN'T PARK THEIR CARS IN THERE.
11:08:57AM BUT THAT IS ONE THING THAT WE ARE VERY SENSITIVE TO.
11:09:01AM AND AS FAR AS THE TOTAL HEIGHT HERE, WE ARE, EVEN WITH OUR
11:09:10AM STAIR ENCLOSURE HERE, WE'RE STILL LOWER THAN A TYPICAL
11:09:14AM RESIDENTIAL HOUSE DOWN THE STREET.
11:09:15AM SO THIS IS NOT SOMETHING THAT'S JUST GOING TO BE JUMPING UP.
11:09:18AM LIKE, MAYBE WE MIGHT HAVE WITH A NEIGHBOR THAT IS A CONDO
11:09:21AM PROJECT, ISN'T IT MUCH HIGHER AND THE SETBACK IS CLOSER.
11:09:25AM I DID SEE THE PHOTOS WHERE IT SHOWED THE SETBACK DISTANCE OF
11:09:30AM THAT FIVE FEET, AND, AGAIN, JUST TO ADD A LITTLE COMFORT,
11:09:35AM THIS IS A SEVEN-FOOT SETBACK THAT WE HAVE HERE.
11:09:38AM OUR DENSITY IS -- SIX UNITS.
11:09:42AM ALLOWED NINE.
11:09:43AM WE'RE ONLY USING TWO-THIRDS OF IT.
11:09:44AM SO THIS IS NOT -- THIS IS NOT -- WE'RE NOT CRAMMING EVERY
11:09:50AM BIT OF INCH IN HERE TO PUT EVERY UNIT.
11:09:53AM WE'RE PUTTING SOME GOOD-SIZE PRODUCT HERE THAT WE THINK THAT
11:09:56AM PEOPLE IN THE NEIGHBORHOOD COULD USE, ESPECIALLY FOR THE
11:09:58AM ACCESSIBILITY.
11:10:01AM >>FRANK REDDICK: MS. CAPIN.
11:10:03AM >>YVONNE CAPIN: THE PRINT HERE IS SO SMALL THAT YOU PUT THAT
11:10:06AM BACK UP.
11:10:07AM I WANT TO KNOW, TELL ME -- I CANNOT READ IT, THE HEIGHT OF
11:10:10AM THE ROOF.
11:10:10AM IT'S A FLAT ROOF.
11:10:12AM >> SURE, SURE.
11:10:14AM SO WHAT I HAVE HERE, I HAVE A HEIGHT OF A ROOF, BUT ALSO A
11:10:17AM DECK, I MEASURE TO THE TOP OF THE DECK.
11:10:19AM >>YVONNE CAPIN: THAT'S WHAT, BECAUSE I CAN'T EVEN SEE
11:10:21AM WITHOUT MY READING GLASSES?
11:10:23AM >> 32 FEET, 9 INCHES RIGHT NOW TO THE TOP OF THE DECK.
11:10:27AM >>YVONNE CAPIN: 32 FEET, 9 INCHES TO THE TOP OF THE DECK.
11:10:31AM >> YES.
11:10:31AM >>YVONNE CAPIN: THE PARAPET IS HOW HIGH?
11:10:34AM >> RIGHT NOW, IT IS SHOWN AT ABOUT -- IT'S GOING TO VARY,
11:10:37AM BUT ABOUT THREE FOOT, FIVE INCHES.
11:10:39AM IT'S UNDER FIVE FEET.
11:10:43AM >>YVONNE CAPIN: OKAY.
11:10:43AM THAT'S WHAT I NEEDED TO KNOW.
11:10:45AM THANK YOU.
11:10:45AM >>FRANK REDDICK: MR. SUAREZ.
11:10:46AM >>MIKE SUAREZ: SIR, YOU HEARD SOME DISCUSSION FROM
11:10:50AM MS. MANDELL CONCERNING THE FEMA MAP.
11:10:52AM >> YES.
11:10:53AM >>MIKE SUAREZ: OKAY.
11:10:54AM THIS WAS FIRST APPROVED IN NOVEMBER OF 2017.
11:10:59AM DID THE MAP CHANGE FROM THE TIME THAT IT HAPPENED THAT WE
11:11:03AM DID THIS --
11:11:05AM >> NO --
11:11:06AM >>MIKE SUAREZ: HANG ON, LET ME FINISH MY QUESTION.
11:11:08AM SO DID THE MAP CHANGE FROM THE TIME THAT IT WAS ORIGINALLY
11:11:11AM APPROVED?
11:11:12AM AND I ASSUME THAT YOU HAD DONE A DESIGN PRIOR TO NOVEMBER OF
11:11:15AM 2017; IS THAT CORRECT, OR NOT?
11:11:17AM >> NO, NO.
11:11:18AM >>MIKE SUAREZ: OKAY.
11:11:19AM SO WHEN DID YOU DO YOUR DESIGN?
11:11:20AM >> IT WAS JUNE LAST YEAR.
11:11:21AM >>MIKE SUAREZ: JUNE OF LAST YEAR.
11:11:23AM DID THE MAP CHANGE FROM JUNE OF LAST YEAR UNTIL NOW?
11:11:26AM >> NO, IT DID NOT.
11:11:27AM >>MIKE SUAREZ: OKAY, THANK YOU.
11:11:28AM >>FRANK REDDICK: MR. COHEN.
11:11:29AM >>HARRY COHEN: ONE QUESTION, BECAUSE MS. CAPIN, IT IS
11:11:32AM DIFFICULT TO SEE THE NUMBERS.
11:11:34AM COULD YOU JUST PUT THAT -- HOW HIGH ARE THE CEILING HEIGHTS
11:11:37AM ON THE TWO FLOORS?
11:11:38AM >> SO, THE TWO FLOORS, AND I DID LOOK AT, IF I HAD TO -- I
11:11:43AM HAVE NINE FOOT, FOUR INCHES RIGHT NOW.
11:11:47AM AND EIGHT FOOT, EIGHT AT THE GROUND FLOOR WITH THE SMALLEST
11:11:52AM FLOOR SYSTEM I CAN GET, WE HAD TO DOUBLE THE ENGINEERING DUE
11:11:58AM TO THE SPANS.
11:11:59AM WE DIDN'T WANT TO GIVE SOMETHING THAT WAS SUBSTANDARD TO THE
11:12:01AM NEIGHBORHOOD AND JUST, YOU KNOW, CRAM SMALL, LOW CEILINGS IN
11:12:05AM THERE.
11:12:06AM EVEN IF I PUSHED EVERYTHING DOWN, I WOULD STILL BE SHORT.
11:12:15AM >>MIKE SUAREZ: -- CHAIR, IF I COULD.
11:12:17AM THE FEMA MAP HAD NOTHING TO DO WITH YOUR DESIGN ORIGINALLY
11:12:19AM IN TERMS OF HEIGHT?
11:12:20AM >> OH, NO.
11:12:21AM WE TRY TO GET EVERYTHING -- WE TRY TO GET EVERYTHING TO FIT
11:12:28AM WITHIN THE DESIGN FLOOD ELEVATION AND WHAT WE HAD.
11:12:33AM ONE OF THE THINGS --
11:12:35AM >>MIKE SUAREZ: I GUESS, LET ME ASK MY QUESTION MORE
11:12:38AM DIRECTLY.
11:12:39AM >> SURE.
11:12:39AM >>MIKE SUAREZ: DID FEMA OR THE FEMA MAP HAVE ANYTHING TO DO
11:12:42AM WITH YOUR DESIGN GOING TOO HIGH UP?
11:12:45AM OR WAS IT --
11:12:46AM >> PART OF IT, YES.
11:12:47AM >>MIKE SUAREZ: IT DID?
11:12:48AM >> YES, IT DID.
11:12:48AM >>MIKE SUAREZ: BUT YOU KNEW ABOUT THE FEMA MAP PRIOR TO THE
11:12:51AM DESIGN THAT YOU HAD?
11:12:52AM >> YEAH, THE CHALLENGE WAS TO GET AN ACCESSIBILITY SPACE.
11:12:54AM >>MIKE SUAREZ: MHH.
11:12:57AM >> SOMEWHERE, WHERE SOMEONE COULD GO RIGHT FROM THE GARAGE.
11:12:59AM BECAUSE IT IS NOT HABITABLE, BECAUSE IT IS IN THE FLOOD
11:13:02AM ZONE, WE MIGHT BE DRY-WALLING IT WITH MATERIALS AND
11:13:05AM EVERYTHING THERE, BUT THAT IS NOT AN AREA SOMEONE CAN LIVE
11:13:08AM IN.
11:13:08AM WE WANT SOMEONE TO HAVE ACCESS TO AN ELEVATOR.
11:13:10AM RIGHT THERE, THAT MADE IT VERY DIFFICULT.
11:13:14AM >>MIKE SUAREZ: DID YOU DO IT BECAUSE YOU KNEW THAT IT WOULD
11:13:17AM CREATE A SUBBASEMENT ISSUE AND THAT IT WOULD COST MORE FOR
11:13:19AM THE FLOOD INSURANCE?
11:13:20AM IS THAT WHAT IT IS?
11:13:21AM >> NO, NO.
11:13:22AM >>MIKE SUAREZ: OKAY.
11:13:23AM >> IT REALLY WAS FOR THE COMMUNITY.
11:13:26AM IT IS TO ADD THE ACCESSIBILITY.
11:13:27AM >>MIKE SUAREZ: OKAY.
11:13:28AM THANK YOU.
11:13:29AM >>FRANK REDDICK: ALL RIGHT.
11:13:30AM ANY OTHER QUESTIONS FROM COUNCIL?
11:13:35AM >>JULIA MANDELL: THANK YOU.
11:13:36AM JUST IN CONCLUSION, I WOULD REQUEST THAT CITY COUNCIL UPHOLD
11:13:40AM THE DESIGN EXCEPTION, AND, AGAIN, AS I STATED, I UNDERSTAND
11:13:44AM SOME OF THE FRUSTRATION.
11:13:45AM THIS WAS DONE IN LINE WITH THE CODE.
11:13:46AM IT WAS DONE IN LINE WITH FEMA REGULATIONS, AND IT WAS DONE
11:13:50AM IN LINE IN ORDER TO ASSURE THE BEST DESIGN FOR THE AREA
11:13:54AM BECAUSE CERTAINLY THERE WERE SOME OTHER OPTIONS THAT THIS
11:13:56AM DEVELOPER CHOSE NOT TO TAKE.
11:13:58AM THANK YOU.
11:13:58AM >>MIKE SUAREZ: CHAIR, COULD I ASK HER ONE QUESTION?
11:14:00AM YOU JUST SAID IT WAS DONE IN CONJUNCTION WITH FEMA
11:14:03AM REGULATIONS.
11:14:04AM OBVIOUSLY, IT WASN'T BECAUSE IT SOUNDS TO ME LIKE THE DESIGN
11:14:08AM DID NOT INCLUDE WHAT WAS BEING DONE WITH FEMA.
11:14:11AM I MEAN, I THINK I'M A LITTLE BIT CONFUSED IN TERMS OF YOUR
11:14:17AM DISCUSSION ABOUT FEMA.
11:14:18AM OBVIOUSLY, THERE ARE ISSUES THAT DEAL WITH WHAT YOU CONSIDER
11:14:20AM A 50- OR 100-YEAR FLOOD ELEVATION.
11:14:23AM WHEN YOU HAVE AN ENGINEER GOING THERE, THE FLOOD ELEVATION
11:14:26AM CERTIFICATE IS NECESSARY IN ORDER FOR YOU TO PROVIDE THE
11:14:28AM INSURANCE FOR ANY BUILDING THAT COMES IN THERE.
11:14:31AM SO YOU ALREADY KNOW WHAT THE FLOOD ELEVATION IS SUPPOSED TO
11:14:33AM BE WHEN YOU'RE DOING THE DESIGN ITSELF, WOULD BE MY GUESS.
11:14:36AM AND IF THAT WASN'T DONE, THEN THERE MAY BE AN ISSUE THERE,
11:14:39AM AND I DON'T KNOW IF THAT'S THE ANSWER TO IT OR NOT.
11:14:42AM >>JULIA MANDELL: I THINK -- AND AS I SAID, AND AS WAS DEALT
11:14:45AM WITH IN ANOTHER CASE THAT I BROUGHT FORWARD IS THERE IS -- I
11:14:49AM DON'T WANT TO SAY A CONFLICT.
11:14:50AM IT'S NOT A CONFLICT, BUT THERE IS A CHALLENGE BETWEEN THE
11:14:54AM WAY THE CITY OF TAMPA MEASURES HEIGHT VERSUS THE WAY HEIGHT
11:14:59AM IS MEASURED FOR A FLOODPLAIN ELEVATION.
11:15:01AM THAT'S WHY MANY JURISDICTIONS, AS TESTIFIED TO PREVIOUSLY,
11:15:04AM PUT IT THAT WAY.
11:15:05AM SO WHEN YOU GO TO DESIGN, AND YOU MAKE A DECISION, AS IN
11:15:08AM THIS CASE, IT IS FAIR TO SAY THERE WERE SOME FLEXIBLE
11:15:12AM OPTIONS BECAUSE IT COULD HAVE BEEN HIGHER IN THE CENTER.
11:15:14AM >>MIKE SUAREZ: SURE.
11:15:15AM >>JULIA MANDELL: AND LOWER CLOSER TO THE GROUND AND THAT
11:15:17AM ALSO POTENTIALLY WOULD HAVE MORE UNITS.
11:15:19AM IT'S MAKING A DECISION TO DESIGN IT -- THEY DESIGNED IT IN
11:15:22AM SUCH A WAY THAT THEY COULD HAVE THE SIX UNITS AND MEET
11:15:25AM FLOODPLAIN ELEVATION AND KEEP THE ENTIRE STRUCTURE AT THE
11:15:27AM 33 FEET.
11:15:28AM THAT IS THE WHOLE PREMISE BEHIND HAVING THAT DESIGN
11:15:31AM EXCEPTION AVAILABLE AND A SPECIFIC ELEMENT OF THAT IS
11:15:34AM RELATED TO FLOODPLAIN ELEVATION.
11:15:36AM >>MIKE SUAREZ: YEAH IT JUST SOUNDS TO ME, YOU KNOW, JUST
11:15:39AM BASED ON MY EXPERIENCE IN THE INSURANCE INDUSTRY, MAYBE A
11:15:41AM LITTLE BIT OF POOR PLANNING ON THE PART OF THE PETITIONER.
11:15:44AM THAT'S JUST MY GUESS.
11:15:45AM >>JULIA MANDELL: I PROBABLY SHOULD NOTE, JUST FOR THE
11:15:47AM PURPOSES OF THE RECORD, THAT THIS IS NOT THE DEVELOPER WHO
11:15:49AM DID THE REZONING.
11:15:50AM >>MIKE SUAREZ: AND THAT, YOU KNOW, WE HAVE A UNIQUE -- YOU
11:15:53AM MENTIONED, WE DO HAVE A UNIQUE SITUATION HERE IN TAMPA.
11:15:56AM SO MAYBE SOMEBODY THAT KNOWS TAMPA'S CODE BETTER PROBABLY
11:15:59AM SHOULD HAVE BEEN DESIGNING THIS, IS MY GUESS.
11:16:02AM THAT'S MY OPINION.
11:16:03AM >>JULIA MANDELL: MY ONLY CAVEAT TO THAT, THIS DOES SEEM TO
11:16:07AM BE A TREND, ESPECIALLY ON DAVIS ISLANDS WHERE THESE DESIGN
11:16:09AM EXCEPTIONS HAVE BEEN REQUESTED MORE OFTEN THAN THEY PROBABLY
11:16:12AM HAVE BEEN, WHICH IS PROBABLY WHAT IS CREATING SOME OF THE
11:16:14AM FRUSTRATION IN THE NEIGHBORHOOD.
11:16:15AM THANK YOU.
11:16:15AM >>FRANK REDDICK: MS. CAPIN.
11:16:17AM >>YVONNE CAPIN: YES.
11:16:18AM I'M GOING TO WAIT UNTIL SHE SPEAKS, BECAUSE I HAVE SOMETHING
11:16:22AM TO SAY.
11:16:25AM >> KATHLEEN FARZANEGAN AGAIN.
11:16:28AM I WANT TO MENTION A COUPLE OF THINGS IN MY REBUTTAL.
11:16:31AM MS. MANDELL PRESENTED A CASE THAT HAPPENED ON DAVIS ISLAND,
11:16:35AM A SINGLE-FAMILY HOUSE, WE FEEL THAT'S VERY DIFFERENT,
11:16:38AM BECAUSE THAT HOUSE MET ALL THE GREENSPACE REQUIREMENTS.
11:16:41AM THIS CONSTRUCTION DOES NOT MEET GREENSPACE REQUIREMENTS.
11:16:47AM THE OTHER BIG ISSUE FOR US IS WHAT THEY ARE CALLING A
11:16:52AM STAIRWELL, BUT WHAT WE TRULY BELIEVE IS A ROOFTOP TERRACE.
11:17:02AM YOU NOTICE THE TRELLIS AND SO FORTH, IT GOES UP TO 42 FEET.
11:17:09AM AND WE HAVE DONE SOME RESEARCH AS A NEIGHBORHOOD, AND WHILE
11:17:12AM THIS ISN'T THE EXACT DESIGN, THIS KIND OF FEELS LIKE WHAT
11:17:21AM THOSE ROOFTOP TERRACES WILL LOOK LIKE.
11:17:24AM AND ONCE THE DESIGN EXCEPTION IS GRANTED THERE REALLY ISN'T
11:17:28AM ANY RECOURSE FOR THE NEIGHBORHOOD IF THE DEVELOPER DOES, IN
11:17:32AM FACT, HAVE THAT SQUARE FOOTAGE UP THERE, AND WE'VE SEEN ON
11:17:35AM VARIOUS WEBSITES, KITCHENS, AND BARS AND SO FORTH.
11:17:40AM SO THAT IS OF DEEP CONCERN TO US.
11:17:42AM I KNOW YOU'VE HEARD A LOT ABOUT THE PUBLIC SAFETY ISSUE.
11:17:48AM I HAPPEN TO HAVE A HOME OFFICE, AND I WATCH THE SUMMER CAMP
11:17:53AM KIDS WALK BACK AND FORTH BETWEEN THE TENNIS COURTS AND THE
11:17:56AM POOL AND THE PLAYGROUND, AND IT REALLY, TRULY IS DANGEROUS.
11:18:00AM AND IT'S EXACERBATED BY THE PARKING, AND COUNCIL MEMBER
11:18:05AM MIRANDA HAD ASKED AT THE LAST HEARING WHETHER OR NOT ALL
11:18:08AM PARKING CODE WOULD BE MET.
11:18:11AM AND HE WAS ASSURED THAT THEY WOULD.
11:18:15AM WHAT WE'RE SUGGESTING IS THAT NUMBER OF OFF-STREET PARKING
11:18:20AM SPACES, SECTION 27-283-7, VISITOR PARKING FOR SINGLE-FAMILY
11:18:25AM ATTACHED, SEMI DETACHED, MULTIFAMILY TOWN HOUSE STYLE, AND
11:18:30AM MULTIFAMILY REQUIRES .25 SPACES FOR EACH UNIT.
11:18:35AM NONE ARE PROVIDED.
11:18:36AM THE OTHER ISSUE I JUST WANT TO CLOSE WITH IS THAT,
11:18:47AM MS. MOREDA, WHEN SHE HAD TO MEET THE SEVEN CRITERIA IN ORDER
11:18:51AM TO GRANT THE EXCEPTION, ONE OF THEM WAS THAT THE REQUEST
11:18:54AM CLEARLY DEMONSTRATES THAT IT'S WARRANTED DUE TO THE UNIQUE
11:18:59AM CIRCUMSTANCES OF THE PROPERTY.
11:18:59AM THERE'S NO PROTECTED OR GRAND TREES.
11:19:03AM THERE'S NO EXISTING BUILDINGS OR STRUCTURES.
11:19:05AM AND THERE'S NO ELEVATIONS OR OTHER PHYSICAL CONDITIONS THAT
11:19:10AM WOULD REQUIRE THIS.
11:19:11AM SO THAT CRITERIA WAS CLEARLY NOT MET.
11:19:14AM IN CLOSING, I JUST WOULD LIKE TO RESPECTFULLY ASK THAT YOU
11:19:18AM OVERTURN THIS DESIGN EXCEPTION.
11:19:20AM THANK YOU.
11:19:21AM >>FRANK REDDICK: MS. CAPIN.
11:19:22AM >>YVONNE CAPIN: OKAY.
11:19:23AM WELL, I WAS READING THE TRANSCRIPT FROM BEFORE, AND MY
11:19:31AM STATEMENT HOLDS.
11:19:32AM I'M GOING TO WAIT UNTIL WE CLOSE, BUT I'M GOING TO MOVE --
11:19:41AM I'M GOING TO AGREE WITH THE --
11:19:42AM >>FRANK REDDICK: LET'S CLOSE THE PUBLIC HEARING FIRST.
11:19:46AM >> DO I SIT DOWN?
11:19:51AM >>YVONNE CAPIN: I FEEL THAT THE EXCEPTION THAT MS. MOREDA
11:19:56AM WAS CORRECT.
11:19:58AM WE DO HAVE AN ISSUE WITH OUR FLOODPLAIN -- FEMA'S
11:20:03AM FLOODPLAIN.
11:20:05AM FOR INSTANCE, MY DAUGHTER IS THREE INCHES BECAUSE HER HOUSE
11:20:09AM IS ON -- IN BEACH PARK IN THE LOWEST POINT IN BEACH PARK,
11:20:14AM AND BECAUSE IT'S ON PIERS, IT IS THREE INCHES ABOVE THE
11:20:18AM FLOOD ZONE.
11:20:19AM IT DOES NOT HAVE TO REQUIRE ANY INSURANCE.
11:20:22AM SHE CARRIES IT, BUT NONETHELESS.
11:20:23AM BUT HER NEIGHBOR, HER NEIGHBOR IS NOT -- DOES NOT HAVE TO.
11:20:30AM SO YOU HAVE ALL THESE DIFFERENT VARIATIONS ALL OVER.
11:20:34AM MAYBE WE NEED TO LOOK -- WE NEED TO ADJUST THAT BECAUSE IT
11:20:40AM IS GOING TO BE AN ISSUE, AND I DON'T SEE THIS -- I SEE THAT
11:20:45AM MS. MOREDA FOLLOWED WHAT NEEDED TO BE DONE AND THE VARIANCE
11:20:48AM REVIEW BOARD.
11:20:49AM SO ZONING ADMINISTRATOR -- I'M SORRY, THE ZONING
11:20:53AM ADMINISTRATOR, NOT THE VARIANCE.
11:20:54AM THERE'S NO VARIANCE.
11:20:55AM OKAY.
11:20:56AM >>FRANK REDDICK: MR. MIRANDA.
11:20:57AM >>CHARLIE MIRANDA: I JUST WANT SOME CLARITY.
11:20:59AM MY NAME WAS BROUGHT UP, AND I DID ASK THAT QUESTION SOMETIME
11:21:02AM BACK, WHERE IT MEETS ALL THE PARKING REQUIREMENTS, THEY SAID
11:21:05AM YES.
11:21:06AM I'D LIKE TO KNOW IF IT'S RIGHT, IF IT'S WRONG.
11:21:09AM I'VE HEARD TWO SIDES NOW.
11:21:10AM ANYBODY FROM THE CITY?
11:21:15AM ZONING ADMINISTRATION OR WHATEVER?
11:21:27AM >>GLORIA MOREDA: GLORIA MOREDA, LAND DEVELOPMENT.
11:21:30AM I DIDN'T HEAR YOUR QUESTION.
11:21:31AM >>CHARLIE MIRANDA: DURING THE HEARING SOMETIME BACK I ASKED
11:21:32AM THAT QUESTION REGARDING DOES DEVELOPMENT MEET ALL THE
11:21:35AM PARKING REQUIREMENTS?
11:21:36AM THE ANSWER I BELIEVE WAS YES.
11:21:37AM AND NOW I HEAR CONTRADICTION TO THAT STATEMENT FROM A THIRD
11:21:42AM PARTY SAYING THAT OR IMPLYING THAT IT DOES NOT MEET THE
11:21:46AM PARKING REQUIREMENTS.
11:21:47AM I'D JUST LIKE SOME CLARITY.
11:21:48AM >>GLORIA MOREDA: WELL, THE SUBJECT OF THE REQUEST WAS
11:21:50AM STRICTLY THE HEIGHT, FROM 30 TO 33 FEET.
11:21:54AM THEY ARE SUBJECT TO COMPLIANCE WITH ALL CITY CODES,
11:21:58AM GREENSPACE, PARKING, EVERYTHING ONCE THEY GET INTO
11:22:01AM PERMITTING.
11:22:01AM THE SITE PLAN THAT THEY SUBMITTED DID NOT SHOW THE VISITORS
11:22:06AM PARKING, BUT I DID NOT WAIVE ANY OF THAT REQUIREMENT.
11:22:10AM SO THE ONLY SUBJECT OF MY REVIEW WAS STRICTLY THE HEIGHT
11:22:13AM EXCEPTION.
11:22:14AM >>CHARLIE MIRANDA: THANK YOU.
11:22:15AM >>FRANK REDDICK: MR. COHEN.
11:22:16AM >>HARRY COHEN: I WANT TO SAY AT THE OUTSET THAT I JUST WANT
11:22:20AM TO BE ON THE RECORD THAT I HAVE NO ISSUES AT ALL WITH
11:22:22AM MS. MANDELL'S ABILITY TO REPRESENT IN THIS CASE THAT ISSUE
11:22:27AM WAS BROUGHT UP.
11:22:28AM AND I ALSO WANT TO SAY I TAKE AT FACE VALUE THE STATEMENTS
11:22:31AM THAT WERE MADE IN THE 2017 HEARING ABOUT NOT ASKING FOR ANY
11:22:35AM WAIVERS.
11:22:36AM IT WAS REVEALED IT IS A NEW DEVELOPER THAT'S MAKING THE
11:22:41AM REQUEST NOW, CLEARLY THE PEOPLE THAT WERE SEEKING THIS AT
11:22:45AM THE TIME, SINCE THERE WAS NO SITE PLAN, HAD NO WAY OF
11:22:48AM KNOWING WHAT WAS GOING TO BE REQUESTED.
11:22:49AM BUT I REMEMBER THE ORIGINAL HEARING VERY, VERY WELL.
11:22:53AM AND IT WASN'T JUST ONE NIGHT.
11:22:55AM WE ACTUALLY HAD TO CONTINUE IT AND COME BACK TO SETTLE SOME
11:22:58AM THINGS.
11:22:58AM AND THE ISSUE OF THERE NOT BEING ANY WAIVERS OR ANYTHING
11:23:03AM DONE WITH THIS APPLICATION WAS A BIG ONE IN THE HEARING.
11:23:07AM THE NEIGHBORS WERE VERY AGAINST IT, AND THE REASON THAT I
11:23:10AM REMEMBER THAT COUNCIL ULTIMATELY PASSED IT WAS BECAUSE IT
11:23:13AM WAS EUCLIDEAN, AND THERE WAS AN ASSURANCE MADE THAT ALL OF
11:23:19AM THE CODES WOULD HAVE TO BE COMPLIED WITH IN ORDER FOR
11:23:22AM SOMETHING TO BE BUILT.
11:23:23AM AND IF I REMEMBER CORRECTLY, THE NEIGHBORHOOD WAS NOT
11:23:29AM PARTICULARLY HAPPY ABOUT OUR DECISION, BUT AT LEAST IT WAS
11:23:32AM CLEAR.
11:23:33AM THIS STRIKES ME AS ONE OF THOSE CASES WHERE IT'S TRYING TO
11:23:36AM GET TWO BITES OF AN APPLE, AND I -- I HAVE DIFFICULTY WITH
11:23:40AM THAT.
11:23:41AM I UNDERSTAND THE POINT THAT ALTERNATIVE DESIGN EXCEPTIONS
11:23:44AM ARE AVAILABLE AS A REMEDY IN THESE TYPES OF SITUATIONS, BUT
11:23:48AM THAT'S ALSO THE REASON THAT THEY CAN BE APPEALED HERE IS
11:23:52AM BECAUSE ULTIMATELY IT'S UP TO US WHETHER OR NOT TO GO ALONG
11:23:56AM WITH IT OR NOT.
11:23:57AM AND I JUST THINK GIVEN THE TENOR OF THE ORIGINAL HEARING AND
11:24:00AM HOW IMPORTANT IT WAS, THAT ALL OF THE -- THAT THERE NOT BE
11:24:05AM ANY WAIVERS.
11:24:06AM THAT WAS REALLY THE CRUX OF THE WHOLE ISSUE.
11:24:09AM I THINK IT'S IMPORTANT TO STAND BY THAT.
11:24:13AM >>FRANK REDDICK: MR. SUAREZ.
11:24:15AM >>MIKE SUAREZ: YOU KNOW, MR. COHEN, I DO REMEMBER THAT, AND
11:24:18AM YOU'RE ABSOLUTELY RIGHT.
11:24:19AM WHEN WE TALK ABOUT EUCLIDEAN ZONINGS, IT DOES MAKE A
11:24:23AM DIFFERENCE IN A LOT OF OUR MINDS BECAUSE TYPICALLY BECAUSE
11:24:27AM WE DON'T HAVE A PROJECT IN FRONT OF US, WE DON'T HAVE A
11:24:30AM DESIGN, WE DON'T HAVE, YOU KNOW, A RENDERING FROM AN
11:24:36AM ARCHITECT A LOT OF TIMES.
11:24:38AM SO WHEN WE APPROVE THESE THINGS, WE EXPECT THAT THEY'LL BE
11:24:41AM KEPT TO WHATEVER THE CODE SAYS AT THAT MOMENT.
11:24:45AM AND I THINK THERE WAS A LOT OF DISCUSSION, AND I HAD BROUGHT
11:24:47AM UP QUESTIONS ABOUT THE FEMA MAP.
11:24:49AM FEMA MAPS ARE THERE, AND THEY TYPICALLY DON'T GELT CHANGED
11:24:52AM -- DON'T GET CHANGED VERY OFTEN, NOT USUALLY WITHIN A
11:24:55AM FIVE- OR TEN-YEAR PERIOD BASED ON WHAT THE COMMUNITY
11:24:57AM STANDARD IS AND THEY'LL CHANGE IT.
11:24:59AM AND IT DOES SOMETIMES FLUCTUATE BETWEEN, YOU KNOW, WITHIN
11:25:02AM NEIGHBORHOODS, BETWEEN DIFFERENT HOMES.
11:25:05AM AND IT'S NOT BECAUSE OF THE HOME AND THE WAY IT'S BUILT.
11:25:08AM TYPICALLY IT'S BASED ON WHAT THE PROJECTIONS ARE FOR A
11:25:10AM 50- OR 100-YEAR FLOODPLAIN TYPE OF EVENT.
11:25:14AM SO I THINK THAT WHOEVER THE PREVIOUS DEVELOPER WAS THAT WENT
11:25:19AM AHEAD AND GOT THE ZONING APPROVED THEN WAS, OBVIOUSLY, THE
11:25:22AM PROPERTY IS SOLD TO ANOTHER DEVELOPER, THAT DEVELOPER SHOULD
11:25:25AM BE HELD TO THE SAME STANDARD FOR THE ZONING, OR COME BACK
11:25:29AM FOR A NEW ZONING FOR THEIR NEW PROJECT.
11:25:31AM THAT'S THE WAY I'VE ALWAYS LOOKED AT IT.
11:25:32AM I DON'T THINK THAT THAT'S SOMETHING THAT IS TOO HARSH OF A
11:25:36AM REQUEST OF PEOPLE THAT HAVE BOUGHT INTO A PARTICULAR PLACE,
11:25:40AM AND THEY HAVE A DESIGN THAT MIGHT HAVE A LITTLE BIT OF A
11:25:43AM DIFFERENCE.
11:25:44AM BUT THE LITTLE BIT OF A DIFFERENCE MEANS A BIG POINT BECAUSE
11:25:47AM WE CAME INTO IT WITH CLEAN HANDS, MEANING, THE COUNCIL MADE
11:25:51AM A DECISION BASED ON CERTAIN CRITERIA.
11:25:52AM AND I DON'T THINK THAT WE SHOULD ALLOW FOR THAT CRITERIA TO
11:25:56AM BE SWEPT AWAY FOR ONE PIECE OF IT.
11:25:59AM I THINK THAT, UNFORTUNATELY, MS. MOREDA DOES NOT HAVE A
11:26:03AM CLEAR DESIGN EXCEPTION CRITERIA THAT INCLUDES SOME OF THE
11:26:07AM THINGS THAT MIGHT BE NEEDED.
11:26:08AM THAT IS FOR A FUTURE TIME AND MAYBE EVEN A FUTURE COUNCIL TO
11:26:13AM LOOK INTO, TO FIND OUT ABOUT THOSE DESIGN EXCEPTIONS.
11:26:16AM BUT IN MY CASE, I DON'T THINK THAT WE SHOULD ALLOW FOR A
11:26:20AM DESIGN EXCEPTION IN THIS CASE.
11:26:21AM >>FRANK REDDICK: MS. CAPIN.
11:26:22AM >>YVONNE CAPIN: YES.
11:26:23AM AGAIN, I'D LIKE TO ASK YOU A QUESTION.
11:26:27AM WERE HERE TO DO WHAT?
11:26:29AM PLEASE EXPLAIN TO THIS COUNCIL.
11:26:30AM >>REBECCA KERT: THANK YOU.
11:26:31AM REBECCA KERT, LEGAL DEPARTMENT.
11:26:33AM YOU ARE HERE ON A REVIEW PETITION FOR A DESIGN EXCEPTION 2.
11:26:37AM IT IS A DE NOVO HEARING, SO YOU HAVE ADDITIONAL INFORMATION
11:26:40AM THAN WAS PROVIDED FROM THE HEARING OFFICER.
11:26:43AM SO YOU ARE TO BASE IT FROM EVERYTHING THAT WAS CREATED AT
11:26:45AM THE HEARING TODAY AND AT YOUR LAST HEARING.
11:26:48AM THAT'S THE EVIDENCE.
11:26:49AM WHAT YOU HAVE TO REVIEW IT AGAINST IS THE SAME CRITERIA THAT
11:26:54AM THE ZONING ADMINISTRATOR HAD TO APPLY, WHICH ARE CONTAINED
11:26:58AM IN YOUR STAFF REPORT AND I BELIEVE ADDITIONALLY HAVE BEEN
11:27:00AM HANDED OUT TO YOU AGAIN.
11:27:02AM SO A MOTION -- IN ADDITION, UNDER YOUR CODE, THE PETITIONER
11:27:08AM FOR REVIEW HAS THE BURDEN TO PROVE THEIR CASE.
11:27:13AM SO, THEREFORE, THE PETITIONER HAS THE BURDEN TO PROVE, IN
11:27:17AM THIS CASE, THAT IT DOES NOT MEET AT LEAST ONE OF THOSE
11:27:20AM CRITERIA FOR YOU TO OVERTURN THE ZONING ADMINISTRATOR'S
11:27:25AM DECISION.
11:27:26AM AND I CERTAINLY HAVE HEARD EVERYTHING THAT CITY COUNCIL
11:27:28AM SAID, AND THERE WAS A LOT OF VERY COMPELLING TESTIMONY, BUT
11:27:32AM YOU HAVE TO BASE IT ON THE CRITERIA THAT YOU HAVE BEFORE
11:27:35AM YOU, SO WHEN YOU MAKE YOUR MOTION AT THE END OF THE DAY,
11:27:38AM WHICHEVER WAY YOU GO, FOR IT TO BE UPHELD IN THE EVENT THAT
11:27:42AM WE GO TO COURT, I ASK THAT YOU IDENTIFY EITHER WHICH
11:27:46AM CRITERIA THE SUBSTANTIVE, COMPETENT EVIDENCE HAS SHOWN IS
11:27:49AM NOT MET OR FIND THAT ALL THE CRITERIA HAVE BEEN MET.
11:27:52AM THANK YOU.
11:27:56AM >>FRANK REDDICK: ANY OTHER DISCUSSION --
11:27:58AM >>YVONNE CAPIN: MS. KERT, THANK YOU.
11:27:59AM >>FRANK REDDICK: ANY OTHER DISCUSSION FROM COUNCIL?
11:28:02AM MOTION TO CLOSE THE PUBLIC HEARING.
11:28:03AM WE HAVE A MOTION FROM MR. COHEN.
11:28:04AM SECONDED BY MR. MANISCALCO.
11:28:05AM ALL IN FAVOR OF THAT MOTION SAY AYE.
11:28:07AM OPPOSED?
11:28:08AM ALL RIGHT.
11:28:09AM WHAT IS THE PLEASURE OF COUNCIL?
11:28:10AM >>YVONNE CAPIN: I'D LIKE TO MAKE A MOTION TO UPHOLD THE
11:28:13AM ZONING ADMINISTRATOR'S PERMIT APPROVAL.
11:28:15AM I MOVE TO AFFIRM THE ZONING ADMINISTRATOR'S APPROVAL OF
11:28:18AM DESIGN EXCEPTION APPLICATION DE 218-56 BECAUSE PETITIONER
11:28:23AM HAS FAILED TO DEMONSTRATE THAT THE PETITION WAS NOT MET,
11:28:25AM THAT THE PETITION DOES NOT MEET THE CRITERIA FOUND IN CITY
11:28:30AM CODE SECTION 27-60-E5.
11:28:36AM THAT'S IT.
11:28:36AM >>FRANK REDDICK: WE HAVE A MOTION FROM MS. CAPIN.
11:28:38AM DO WE HAVE A SECOND?
11:28:40AM >>YVONNE CAPIN: WOW.
11:28:41AM >>FRANK REDDICK: ALL RIGHT.
11:28:45AM MR. SUAREZ.
11:28:46AM >>MIKE SUAREZ: ALL RIGHT, CHAIR.
11:28:48AM I'LL TAKE A STAB AT IT.
11:28:50AM I WILL MAKE A MOTION TO DENY THE ZONING ADMINISTRATOR'S
11:28:53AM DECISION.
11:28:54AM I MOVE TO OVERTURN THE ZONING ADMINISTRATOR'S APPROVAL OF A
11:28:56AM DESIGN EXCEPTION APPLICATION DE 2-18-56 BECAUSE THE
11:29:02AM PETITIONER HAS DEMONSTRATED THAT THE PETITION DOES NOT MEET
11:29:05AM AT LEAST ONE OF THE CRITERIA FOUND IN THE CITY OF TAMPA
11:29:08AM CODE, SECTION 27-60-E5, SUB G, WHICH DEALS WITH THE
11:29:16AM DEMONSTRATION THAT THE EXCEPTION IS WARRANTED DUE TO THE
11:29:19AM UNIQUE CIRCUMSTANCES OF SUB-3, EXISTING PROPERTY ELEVATIONS
11:29:26AM OR GRADES.
11:29:29AM >>HARRY COHEN: I'LL SECOND, BUT I WANT TO ADD, IF IT'S ALL
11:29:31AM RIGHT, SIR, EXCEPTION 27-60-E5-A AS WELL.
11:29:37AM I THINK THAT THERE'S BEEN A SHOWING OF INTERFERENCE WITH THE
11:29:39AM RIGHTS OF OTHERS, AS PROVIDED IN THIS CHAPTER, AND THAT IT
11:29:42AM WOULD BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL
11:29:45AM WELFARE.
11:29:45AM >>MIKE SUAREZ: IF I COULD, I WANT TO REPHRASE ON MY MOTION.
11:29:48AM IT IS 27-60-E5, AND UNDER IT WOULD BE SUB-G, SUB-3 ON THERE.
11:29:56AM SO JUST MAKE SURE YOU GET THAT RIGHT SO WE'VE GOT IT AS TO
11:30:00AM WHERE IT'S FOUND IN THE CODE.
11:30:03AM >>MARTIN SHELBY: MR. COHEN, YOU ALSO AMENDED AN ADDITIONAL.
11:30:05AM IS THAT IN THE MOTION TO ADD THAT ADDITIONAL AMENDMENT TO
11:30:08AM THAT TO INCLUDE 5A.
11:30:11AM >>HARRY COHEN: YES.
11:30:12AM >>MIKE SUAREZ: AND I ACCEPT THAT.
11:30:13AM >>FRANK REDDICK: GOT A MOTION FROM MR. SUAREZ.
11:30:16AM SECONDED BY MR. COHEN.
11:30:17AM WAS IT SECONDED BY YOU, SIR?
11:30:20AM >>HARRY COHEN: YES.
11:30:21AM >>FRANK REDDICK: OKAY.
11:30:22AM FURTHER DISCUSSION ON THE MOTION?
11:30:23AM >>YVONNE CAPIN: YES, OBVIOUSLY, I'M GOING TO VOTE NO.
11:30:26AM BUT I'M GOING TO TELL YOU NONE OF US ARE GOING TO BE HERE
11:30:29AM WHEN THIS COMES BACK.
11:30:30AM THAT'S JUST TO LET YOU ALL KNOW.
11:30:32AM >>MIKE SUAREZ: SOME OF THEM MIGHT.
11:30:34AM [ LAUGHTER ]
11:30:34AM THERE'S AT LEAST THREE OF THEM THAT MIGHT DISAGREE WITH YOU.
11:30:41AM >>YVONNE CAPIN: OKAY, GOT IT.
11:30:42AM THAT'S IT.
11:30:43AM I'M VOTING NO.
11:30:44AM THAT'S OKAY.
11:30:45AM BUT I'M READY.
11:30:46AM >>FRANK REDDICK: ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
11:30:48AM THOSE OPPOSED?
11:30:48AM >>YVONNE CAPIN: NO.
11:30:51AM >>THE CLERK: THE MOTION CARRIED WITH CAPIN VOTING NO.
11:30:54AM >>FRANK REDDICK: OKAY.
11:30:55AM WE GO TO ITEM NUMBER 57.
11:31:22AM [ NO ENCODER ]
11:31:47AM [ NO ENCODER ]
11:31:55AM [ NO ENCODER ]
11:31:56AM >> -- SOMEWHAT UNUSUAL.
11:31:57AM YOU DON'T SEE VERY MANY OF THESE, 27-318 HEARINGS, SO I HAVE
11:32:05AM PREPARED THIS -- THE PARTIES THAT WE KNOW ARE GOING TO BE
11:32:05AM HERE TODAY TO TRY AND HELP MOVE THIS ALONG.
11:32:07AM IT'S UP TO COUNCIL, BUT I WOULD ASK IF YOU WOULD CONSIDER
11:32:11AM FOLLOWING THE PROCEDURE FOR EVERYONE'S BENEFIT.
11:32:14AM THE SECOND AND THIRD PAGE OF THE HANDOUT HAVE THE RELEVANT
11:32:19AM SECTIONS OF 27-318, THE CRITERIA UNDER WHICH COUNCIL MAY
11:32:24AM FIND A VIOLATION UNDER 27-318 AS WELL AS THE CRITERIA UNDER
11:32:30AM WHICH COUNCIL MAY IMPOSE A PENALTY.
11:32:32AM THIS IS THE FIRST TIME THAT THIS PARTICULAR OWNER AND
11:32:35AM OPERATOR HAVE BEEN BEFORE YOU, SO THIS WOULD BE A MAXIMUM OF
11:32:39AM A 30-DAY SUSPENSION.
11:32:40AM IT IS A TWO-PART, ONCE THE PUBLIC HEARING PORTION IS
11:32:44AM COMPLETED, THIS IS A TWO-PART.
11:32:47AM THE FIRST ONE IS A FINDING WHETHER OR NOT THERE IS A
11:32:50AM VIOLATION, IF A VIOLATION IS FOUND, AT THAT POINT, YOU WOULD
11:32:53AM MOVE TO THE SECOND PART, WHICH WOULD BE THE IMPOSITION OF
11:32:55AM THE PENALTY.
11:32:57AM WE HAVE HERE TODAY, MS. CATHERINE COYLE, WHO IS GOING TO
11:33:00AM WALK THROUGH THESE CODE SECTIONS A LITTLE BIT WITH YOU, AS
11:33:03AM WELL AS THE FACTUAL BASIS FOR WHY WE ARE HERE TODAY.
11:33:06AM I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
11:33:09AM >>YVONNE CAPIN: YES, I HAVE A STATEMENT.
11:33:11AM I WANT TO DISCLOSE THAT I DID MEET WITH THE PETITIONER
11:33:16AM YESTERDAY, OF COURSE, NOT DISCUSSING ANY OF THIS, ABOUT THE
11:33:20AM PROJECTS COMING UP, BUT I DO WANT TO DISCLOSE THAT.
11:33:23AM >>KRISTIN MORA: THANK YOU COUNCILWOMAN.
11:33:28AM >>CHARLIE MIRANDA: THE PETITIONER CALLED AND I ANSWERED THE
11:33:29AM CALL AND MET WITH THEM.
11:33:31AM BUT THIS SUBJECT MATTER REGARDING ANY ALCOHOL WAS NOT
11:33:34AM DISCUSSED WITH ME.
11:33:35AM >>KRISTIN MORA: THANK YOU, COUNCILMAN.
11:33:38AM >>HARRY COHEN: THE SAME WITH ME, AND I WAS NOT EVEN AWARE
11:33:41AM THIS WAS COMING UP TODAY.
11:33:43AM >>MIKE SUAREZ: AND I ALSO MET WITH THEM TWO DAYS AGO.
11:33:45AM I FOUND OUT THAT THIS WAS COMING UP ON THAT DAY.
11:33:49AM THE ATTORNEY FOR THE GROUP DISCLOSED THAT THIS -- THE
11:33:53AM MEETING THAT WE HAD HAD NOTHING TO DO WITH THIS PARTICULAR
11:33:56AM ITEM.
11:33:56AM SO I WANT TO MAKE SURE THAT EVERYONE KNOWS THAT NONE OF THAT
11:34:00AM WAS DISCUSSED AT THAT TIME, DURING THAT MEETING.
11:34:03AM >>FRANK REDDICK: NOBODY CALLED ME.
11:34:04AM [ LAUGHTER ]
11:34:06AM >>MARTIN SHELBY: THANK YOU, MR. CHAIRMAN.
11:34:09AM >>KRISTIN MORA: THANK YOU, COUNCIL.
11:34:13AM >>MARTIN SHELBY: THAT ALMOST CONCLUDES NUMBER TWO ON THE
11:34:19AM HEARING PROCEDURE.
11:34:20AM WITH YOUR INDULGENCE, IF COUNCILMAN VIERA AND MANISCALCO
11:34:25AM COME BACK, I WOULD LIKE THEM TO BE ABLE TO BE ASKED THAT
11:34:29AM QUESTION SO THAT IS CLEAR ON THE RECORD AS WELL, TO CURE ANY
11:34:32AM ISSUES THAT THAT MIGHT HAPPEN.
11:34:34AM I THANK YOU VERY MUCH.
11:34:35AM IS THERE ANYTHING THAT NEEDS TO BE RECEIVED AND FILED PRIOR
11:34:38AM TO US GOING FORWARD ON THIS CASE, MADAM CLERK?
11:34:42AM NO?
11:34:42AM THANK YOU.
11:34:43AM THANK YOU, MR. CHAIRMAN.
11:34:44AM >>KRISTIN MORA: IF I MAY POINT OUT JUST AS A POINT OF
11:34:47AM PROCEDURE, I THINK THAT SOME PEOPLE HAVE COME AND LEFT THE
11:34:49AM ROOM, AND WE MIGHT NEED ANOTHER SWEARING IN FOR THIS.
11:34:53AM >>FRANK REDDICK: ALL RIGHT.
11:34:54AM IF YOU PLAN ON SPEAKING AND HAVE NOT BEEN SWORN IN, PLEASE
11:34:57AM STAND TO BE SWORN IN.
11:35:02AM [OATH ADMINISTERED]
11:35:13AM >>CATHERINE COYLE: GOOD MORNING, COUNCIL, CATHERINE COYLE,
11:35:18AM ZONING ADMINISTRATOR FOR THE CITY.
11:35:19AM MS. MORA GAVE YOU THE COUPLE-PAGE OUTLINE OF THE PROCEDURES
11:35:25AM TODAY AND THE STEPS TO FOLLOW.
11:35:27AM ON THE SECOND AND THIRD PAGE OF THE DOCUMENT ARE THE ACTUAL
11:35:30AM CODE CRITERIA UNDER SECTION 27-318.
11:35:34AM WHICH DEALS WITH EXPIRATION, SUSPENSION, AND REVOCATION OF
11:35:40AM ALCOHOL PERMITS.
11:35:41AM SPECIFICALLY PARAGRAPH C DEALS WITH REVOCATION AND
11:35:46AM SUSPENSION.
11:35:46AM ONCE COUNCIL OR ONCE A PERMIT IS ACTUALLY ISSUED, THERE ARE
11:35:53AM SEVERAL ITEMS HERE THAT ARE LISTED UNDER C-1-A THROUGH N
11:35:59AM THAT COULD BE CONSIDERED VIOLATIONS OF CODE, CONVICTIONS FOR
11:36:07AM NOISE, VIOLATIONS OF OTHER PARTS OF THE CODE, COMPLIANCE
11:36:10AM WITH HEALTH AND SANITATION STANDARDS, ANY OF THOSE
11:36:13AM PARTICULAR ITEMS, IF THERE IS ENOUGH EVIDENCE THAT THERE IS
11:36:16AM GOOD DOCUMENTATION OF THOSE, THOSE PARTICULAR VIOLATIONS,
11:36:21AM THEN WE WOULD PUT THE PERSON, THE ENTITY ON NOTICE, AND THEN
11:36:25AM POTENTIALLY BRING THAT FORWARD TO YOU FOR SUSPENSION
11:36:28AM HEARING, WHICH IS WHAT WE'RE HERE TODAY TO DISCUSS.
11:36:32AM BY WAY OF BACKGROUND ON THIS PARTICULAR ONE, I WOULD FOCUS
11:36:35AM YOU ON LETTER D, THE OPERATION OF THE ESTABLISHMENT IN A
11:36:39AM MANNER THAT REPEATEDLY OR AN ONGOING BASIS HAS NEGATIVE
11:36:43AM SECONDARY EFFECTS ON SURROUNDING PROPERTY, INCLUDING, BUT
11:36:46AM NOT LIMITED TO VIOLATIONS OF CITY CODE, WHICH IS IN GENERAL
11:36:50AM INCLUDING THE PERMIT ITSELF.
11:36:53AM ORDINANCE OR STATE LAW RELATED TO NOISE, PARKING, OR TRASH
11:36:57AM AND DEBRIS.
11:36:58AM AFTER HAVING RECEIVED REASONABLE NOTICE TO TERMINATE OR
11:37:00AM CORRECT ANY CONDITION THAT IS IN VIOLATION OF SUCH CODE.
11:37:03AM AND ALSO, LETTER N, VIOLATED ANY SECTION OF CHAPTER 14 OR
11:37:09AM 27, ANY CONDITION, LIMITATION, OR RESTRICTION IMPOSED BY
11:37:13AM CITY COUNCIL OR ZONING ADMINISTRATOR AT THE TIME OF THE
11:37:15AM APPROVAL OR ANY SECTION OF THE CITY CODE RELATING TO
11:37:17AM ALCOHOLIC BEVERAGES.
11:37:18AM SPECIFICALLY CHAPTER 27 IS WHERE THE SPECIAL USE CONDITIONS
11:37:21AM ARE FOR SALES OF ALCOHOLIC BEVERAGE PERMITS.
11:37:25AM JUST BY WAY OF BACKGROUND, APRIL 2016 IS WHEN THIS
11:37:33AM PARTICULAR ENTITY CAME IN FOR A PERMIT TO RENOVATE THE
11:37:37AM STRUCTURE AND THE OUTSIDE PATIO.
11:37:39AM THIS ORIGINAL APPROVAL WAS GRANTED IN 2011 BY CITY COUNCIL.
11:37:43AM IT WAS A DIFFERENT ENTITY BEFORE THEY LEFT.
11:37:49AM THIS ONE CAME IN.
11:37:50AM THEY GOT THEIR PERMITS APRIL 2016.
11:37:53AM THERE WAS A REQUEST FOR SIGN-OFF.
11:37:55AM THE SIGN-OFF IN PARTICULAR IS KEY FOR COUNCIL TO UNDERSTAND.
11:37:58AM IT IS NOT SOMETHING THAT YOU ACTUALLY DEAL WITH.
11:38:00AM TYPICALLY.
11:38:02AM IT'S AN ALCOHOLIC BEVERAGE SIGN-OFF ON A STATE FORM.
11:38:05AM SO WHAT THAT FORM DOES, THEY COME INTO CITY STAFF, AND THIS
11:38:12AM IS ANY ALCOHOL LOCATION THAT HAS AN INACTIVE PERMIT, THEY
11:38:16AM COME IN WITH A STATE FORM FILLED OUT, AND THEY HAVE TO
11:38:18AM PROVIDE ALL THE INFORMATION TO THE STATE ITSELF, TYPE OF
11:38:25AM ALCOHOL SALES THEY ARE GOING TO HAVE AT THE LOCATION, THE
11:38:28AM TYPE OF LICENSE THEY WANT FROM THE STATE, ALL THEIR
11:38:31AM BACKGROUND INFORMATION.
11:38:33AM THEY HAVE TO INCLUDE A SKETCH OR A DIAGRAM OF THE SALES AREA
11:38:37AM TO SHOW THE STATE, BECAUSE THE STATE DOES INSPECT IT PRIOR
11:38:41AM TO AND/OR AFTER THE LICENSE IS ISSUED.
11:38:44AM AND THEN THERE IS A ZONING SECTION ON EVERY STATE FORM, AND
11:38:51AM WHAT THE CITY IS DOING IN THIS PARTICULAR CASE IS NOT
11:38:55AM AUTHORIZING THEM TO DO ANYTHING IN PARTICULAR THAT'S ON THE
11:38:58AM SITE PLAN OR OTHERWISE.
11:38:59AM WHAT WE ARE TELLING THE STATE IN THAT FORM IS THAT THE CITY
11:39:04AM HAS GRANTED A PERMIT TO SELL WITHIN THIS BOUNDARY AT AN
11:39:08AM ALCOHOL LEVEL THAT THEY ARE ASKING FOR THAT'S EQUIVALENT TO
11:39:10AM THE LICENSE TYPE, AND WITH ANY SPECIAL CONDITIONS THAT ARE
11:39:14AM RELATED TO SALES IN PARTICULAR.
11:39:15AM SUCH AS THE BOUNDARY ITSELF, BEER, WINE, LIQUOR, CONSUMPTION
11:39:22AM ON PREMISES, OR PACKAGE SALES.
11:39:24AM THAT'S ALL THE STATE FORM IS ACTUALLY DOING IS THE CITY IS
11:39:27AM TELLING THE STATE, YES, WE GRANTED A PERMIT TO THIS
11:39:29AM LOCATION, THIS TYPE OF ALCOHOL.
11:39:30AM AUGUST 10th, THERE WAS A SITE VISIT CONDUCTED BY STAFF.
11:39:36AM THEY DID GO OUT AND THEY MEASURED AND THEY DISCUSSED IT WITH
11:39:42AM THE PEOPLE THAT THEY MET WITH ON-SITE.
11:39:44AM THEY CREATED A LITTLE MEASUREMENT DOCUMENT, AND THEY DID
11:39:49AM COME BACK TO ME.
11:39:51AM I WENT OUT ON A SITE VISIT AUGUST 15th, AND THAT IS
11:39:54AM ACTUALLY ME THAT SIGNED OFF ON THE FORM.
11:39:56AM MR. MICHELINI, I THINK HE'S HERE, ACTUALLY, HE REPRESENTED
11:40:00AM AT THE TIME, MET HIM ON-SITE.
11:40:01AM THE SITE WAS UNDER CONSTRUCTION STILL.
11:40:03AM THERE WERE STILL TARPS ON IT, CLASSIC THINGS, AND
11:40:08AM CONSTRUCTION PEOPLE AROUND.
11:40:08AM WE WENT AROUND WITH A MEASURING TAPE AND WE MEASURED THE
11:40:11AM OUTSIDE PERIMETER THAT CREATED THIS FENCE-LIKE MATERIAL THAT
11:40:15AM ACTUALLY BARRICADED IN AND BOXED IN THIS EXACT BOUNDARY THAT
11:40:20AM I SHOWED YOU BEFORE TO MATCH THIS BOUNDARY.
11:40:22AM THE ONE THING THEY DID HAVE TO DO THAT WAS SLIGHTLY
11:40:26AM DIFFERENT, BECAUSE IT'S METAL, AS OPPOSED TO COMING IN A
11:40:30AM CURVE, THEY WENT LIKE THIS, AT THE BOTTOM OF THE ARC, SO
11:40:35AM THEY ARE ANGLED, SO THEY WOULDN'T PICK UP ANY ADDITIONAL
11:40:38AM SPACE, BUT THAT'S REALLY THE BASIC PARAMETERS OF THAT, JUST
11:40:41AM TO SHOW THAT THEY STILL WERE CONFINED AND WE WENT AROUND
11:40:44AM WITH A MEASURING TAPE AND MEASURED IT.
11:40:45AM I SIGNED OFF.
11:40:46AM YOU GOT YOUR BOUNDARY.
11:40:47AM SUBSEQUENT TO THAT, THEY OPENED, AND THERE WERE VARIOUS
11:40:52AM COMPLAINTS.
11:40:53AM EVERYTHING WE DO FOR ALCOHOL ENFORCEMENT, JUST LIKE REGULAR
11:40:56AM CODE ENFORCEMENT IS COMPLAINT BASED.
11:40:57AM THERE WERE COMPLAINTS THAT CAME IN, STAFF RECOGNIZED THOSE
11:41:00AM COMPLAINTS.
11:41:01AM THEY WENT AHEAD AND REVIEWED IT WITH ME AT THE TIME.
11:41:03AM WE LOOKED AT THE SITE PLAN, LOOKING AT WHAT WAS ACTUALLY
11:41:07AM GOING ON OUT THERE.
11:41:08AM THERE WAS A LETTER ISSUED IN JUNE, 2017, JUNE 16th, BY
11:41:14AM MS. DOCK, AND SHE PUT THEM ON NOTICE THAT IT APPEARED THEY
11:41:18AM WERE IN VIOLATION, AND SPECIFICALLY FOR TWO ITEMS.
11:41:21AM FOAM PANELING.
11:41:25AM HAD TO COVER THE ENTIRE FENCING.
11:41:27AM AND OUTSIDE SPEAKERS.
11:41:28AM THEY WEREN'T ALLOWED, UNLESS THEY WERE ACTUALLY
11:41:34AM SELF-CONTAINED SPEAKERS THAT YOU COULD TURN UP AND DOWN AT
11:41:37AM THE SPEAKER ITSELF WITHIN CABANAS, BUT THE PREMISE BEHIND
11:41:40AM THAT IS THAT THEY ARE SELF-CONTAINED, INDIVIDUALIZED
11:41:43AM CONTROLS.
11:41:44AM IF YOU LOOK AT THE ORDINANCE IN THE PLAN, THIS IS ACTUALLY
11:41:52AM THE PLAN THAT CITY COUNCIL APPROVED.
11:41:58AM SORRY, I DIDN'T ATTACH THAT.
11:42:05AM THAT'S THAT BOUNDARY AGAIN.
11:42:06AM WE TOOK IT STRAIGHT FROM THE PLAN.
11:42:08AM THE CONDITIONS, AS YOU KNOW, YOU DEAL WITH ALCOHOL PERMITS
11:42:14AM ALL THE TIME.
11:42:15AM THIS WAS ACTUALLY APPROVED UNDER A PREVIOUS VERSION OF THE
11:42:18AM CODE BUT THE PREMISE IS ESSENTIALLY THE SAME.
11:42:21AM THEY CAME FORWARD WITH AN S-2 BEFORE TO YOU GET APPROVAL
11:42:24AM THEY ARE IN THE DOWNTOWN AREA, AND NOISE WAS OF A CONCERN.
11:42:29AM THEY ACTUALLY IDENTIFIED A NOISE MITIGATION PLAN.
11:42:31AM AND THEY CAME UP WITH CONDITIONS THAT THEY ACCEPTED AND
11:42:35AM WORKED OUT WITH COUNCIL FOR APPROVAL.
11:42:37AM SPECIFICALLY -- I'LL GET A LITTLE CLOSER.
11:42:41AM YOU MIGHT NOT BE ABLE TO READ IT.
11:42:43AM THE NOISE, IN ORDER TO MITIGATE NOISE FROM BOTH THE INTERIOR
11:42:47AM AND EXTERIOR, THE FOLLOWING PROVISIONS WILL BE PROVIDED,
11:42:51AM INSIDE, STARTING AT THE ENTRYWAY, EIGHT-FOOT HIGH WALL WOULD
11:42:55AM BE CONSTRUCTED EIGHT FEET FROM THE ENTRYWAY.
11:42:57AM THIS WILL ACT AS A BUFFER IN THE BUILDING ITSELF SO THAT
11:42:59AM WHEN THE DOOR WAS OPEN, NOISE COULDN'T ESCAPE.
11:43:02AM THAT WALL IS THERE.
11:43:03AM IT HAS ALWAYS BEEN FROM THE ORIGINAL OCCUPANT BACK IN 2012.
11:43:06AM OUTSIDE, SPECIFICALLY CALLED OUT UPON CONSTRUCTION OF THE
11:43:11AM OUTSIDE TERRACE, THE SURROUNDING PERIMETER WILL BE LINED
11:43:14AM WITH DECORATIVE FOAM PANELS TO TRAP EXCESS REVERBERATIONS.
11:43:19AM THERE WILL ALSO BE SELF-CONTAINED INDIVIDUAL CONTROLS WITHIN
11:43:23AM THE CABANA SO THAT THE MUSIC LEVELS CAN BE SUSTAINED AT AN
11:43:26AM APPROPRIATE LEVEL WITHOUT CAUSING A NUISANCE.
11:43:29AM [ NO ENCODER ]
11:43:59AM [ NO ENCODER ]
11:44:25AM [ NO ENCODER ]
11:44:25AM -- NOT CONTROLLED, NOT SELF-CONTROLLED, AND THE PANELING WAS
11:44:30AM NOT COVERING THE ENTIRE FRONT AREA.
11:44:32AM THERE WERE EITHER GAPS OR MISSING PARTS.
11:44:35AM WE ACTUALLY HAD PICTURES OF THAT AS WELL THAT WERE INCLUDED
11:44:38AM IN THE LETTER IN JUNE WHERE YOU CAN SEE THIS IS STANDING OUT
11:44:47AM ON THE STREET.
11:44:48AM YOU CAN SEE THAT THERE WERE GAPS.
11:44:49AM SO WE ARE ADVISING THEM TO FILL IN THOSE GAPS TO BE
11:44:53AM COMPLIANT.
11:44:54AM AND THERE WERE SOME CASES WHERE THERE WERE SOME FOAM, BUT
11:44:58AM THERE WERE GAPS IN BETWEEN AND GAPS AT THE TOP.
11:45:00AM SO THEY NEEDED TO COMPLETELY FILL THOSE IN.
11:45:02AM >>MIKE SUAREZ: MS. COYLE, PUT THOSE BACK UP THERE FOR A
11:45:06AM SECOND.
11:45:06AM SO YOU'RE POINTING TO THE ARROW -- YOU'RE POINTING -- WHAT
11:45:10AM IS IT THAT YOU'RE POINTING TO?
11:45:11AM IS IT THE GAP BETWEEN WHERE THE FENCING IS AT TO WHERE THAT
11:45:16AM WHITE, IT LOOKS LIKE -- I DON'T KNOW IF IT IS A WHITE
11:45:18AM BARRIER OF SOME KIND --
11:45:19AM >>CATHERINE COYLE: THIS ONE?
11:45:20AM >>MIKE SUAREZ: WELL, I DON'T KNOW.
11:45:22AM >>CATHERINE COYLE: YES.
11:45:22AM >>MIKE SUAREZ: GO BACK TO THE OTHER PICTURE I WAS JUST
11:45:24AM LOOKING AT.
11:45:24AM SO YOU'VE -- IT LOOKS LIKE YOU HAVE A WALKWAY THERE, RIGHT?
11:45:28AM ARE YOU TALKING ABOUT BETWEEN THAT WALKWAY AND THE FENCE?
11:45:32AM >>CATHERINE COYLE: THE ARROW IS POINTING TO THIS PLANE OF
11:45:38AM THE FENCE.
11:45:38AM >>MIKE SUAREZ: JUST TO THE FENCE ITSELF.
11:45:40AM >>CATHERINE COYLE: YEAH, TO THE FENCE ITSELF.
11:45:41AM THIS WHITE COLUMN IS ONE OF THOSE COLUMNS OF THE FENCE
11:45:45AM ITSELF.
11:45:46AM >>MIKE SUAREZ: YEAH, IT'S HARD TO DETERMINE THAT THAT IS A
11:45:48AM WHITE COLUMN BECAUSE OF THE WAY THE PHOTOGRAPH IS, SO --
11:45:54AM >>CATHERINE COYLE: STAFF TOOK THEM UP CLOSE SO YOU COULD SEE
11:45:57AM THERE WERE GAPS.
11:45:59AM SOME PLACES THERE WERE GAPS AND SOME PLACES WHOLE PIECES
11:46:02AM MISSING.
11:46:03AM >>MIKE SUAREZ: ON MY RIGHT, YOU'RE POINTING TO WHAT IS
11:46:05AM SUPPOSEDLY THE BARRIER THAT IS SUPPOSED TO BE THERE OR PART
11:46:07AM OF THE BARRIER THAT'S SUPPOSED TO BE THERE OR NOT?
11:46:10AM >>CATHERINE COYLE: THERE IS PANELING HERE.
11:46:11AM THERE IS A HOLE HERE.
11:46:12AM >>MIKE SUAREZ: RIGHT, GOT IT.
11:46:13AM ALL RIGHT.
11:46:14AM I JUST NEED TO KNOW IN PERSPECTIVE TO WHAT WE'RE TALKING
11:46:17AM ABOUT.
11:46:18AM MOVE THAT UP A LITTLE BIT BECAUSE I WANT TO SEE THE OTHER
11:46:20AM TWO SPOTS.
11:46:20AM SO YOU SEE THAT THE BARRIER ON MY RIGHT, WHICH I GUESS IS
11:46:24AM YOUR RIGHT ALSO, WOULD BE RIGHT THERE, THE BLACK BARRIER,
11:46:27AM BUT THERE IS A GAP BETWEEN --
11:46:29AM >>CATHERINE COYLE: THERE IS A GAP IN BETWEEN.
11:46:31AM >>MIKE SUAREZ: I'M SORRY.
11:46:32AM THE GAP IS WHERE?
11:46:33AM >>CATHERINE COYLE: THERE IS A GAP HERE, AND THERE IS A GAP
11:46:35AM HERE.
11:46:35AM >>MIKE SUAREZ: OKAY.
11:46:36AM GOT IT.
11:46:37AM AND THEN ON THE LEFT-HAND SIDE, THE GAP IS IN THAT OPENING
11:46:39AM THERE THAT YOU'RE POINTING TO.
11:46:41AM >>CATHERINE COYLE: CORRECT.
11:46:42AM >>MIKE SUAREZ: THANK YOU.
11:46:42AM >>CATHERINE COYLE: STAFF DIDN'T PULL THE BUSHES BACK, BUT,
11:46:46AM YEAH, YOU COULD VISIBLY SEE THAT THERE WERE HOLES.
11:46:49AM >>MIKE SUAREZ: I GET IT.
11:46:51AM WE KNOW THAT TREES AND BRUSH AND BURNS ARE NOT GOOD SOUND
11:46:54AM BARRIERS ANYWAY.
11:46:55AM >>CATHERINE COYLE: AND THEY ARE NOT FOAM PANELS.
11:46:57AM >>MIKE SUAREZ: RIGHT, THAT'S TRUE.
11:46:58AM THAT'S THE OTHER PART.
11:46:59AM [ LAUGHTER ]
11:47:00AM >>CATHERINE COYLE: WE'RE TRY TO BE AS STRICT INTERPRETATION
11:47:02AM OF THE WORDS AS POSSIBLE.
11:47:03AM >>MIKE SUAREZ: I APPRECIATE IT.
11:47:04AM THANK YOU.
11:47:06AM >>CATHERINE COYLE: SO MS. DOCK ACTUALLY SENT THE LETTER, AND
11:47:08AM SHE ACKNOWLEDGED TO ME THAT MR. MICHELINI AT THE TIME, WHO
11:47:13AM IS REPRESENTING THEM, DID CONTACT HER, SO THEY WERE WORKING
11:47:15AM ON IT.
11:47:15AM I THINK THEY HAD A COUPLE OF CONVERSATIONS.
11:47:19AM IN THE MEANTIME, AS THIS COUNCIL IS FULLY WELL AWARE, THERE
11:47:25AM HAVE BEEN SEVERAL CODE CHANGES TO THE NOISE ORDINANCE, THREE
11:47:28AM I BELIEVE IN THE LAST THREE YEARS.
11:47:29AM EVERY ENFORCEMENT CASE WE HAVE -- I JUST WANT TO PUT THIS
11:47:33AM OUT THERE -- EVERY POTENTIAL ENFORCEMENT CASE WE HAVE, WE DO
11:47:36AM REVIEW WITH THE LEGAL DEPARTMENT BEFORE WE WOULD EVER BRING
11:47:39AM IT TO YOU.
11:47:40AM WE WANT TO MAKE SURE WE ARE ON SOLID GROUND.
11:47:42AM BECAUSE IN ESSENCE WHAT YOU'RE DOING POTENTIALLY IS
11:47:45AM SUSPENDING SOMEONE'S PERMIT, WHICH IS PART OF THEIR
11:47:47AM BUSINESS.
11:47:48AM IN THE MEANTIME, MR. MICHELINI WAS WORKING ON IT AS FAR AS
11:47:53AM LaCHONE WAS AWARE, THEY LOST -- THE CONTACT STOPPED.
11:47:58AM THERE WERE CONTINUAL COMPLAINTS, THE NOISE CODE WAS CHANGING
11:48:03AM OVER TIME, STAFF DID REVIEW IT WITH LEGAL DEPARTMENT
11:48:08AM THROUGHOUT TIME AFTER THAT INITIAL LETTER.
11:48:10AM WE WERE ADVISED TO HOLD ENFORCEMENT FOR THE TIME BEING, AND
11:48:13AM THEN, FINALLY --
11:48:14AM [ NO ENCODER ]
11:48:38AM [ NO ENCODER ]
11:48:59AM [ NO ENCODER ]
11:49:00AM -- FOAM PANELING.
11:49:04AM AS FAR AS STAFF, MY CONVERSATIONS WITH STAFF, THE CONTACT
11:49:07AM DIDN'T HAPPEN AFTER THAT.
11:49:09AM LaCHONE SENT IT TO THE CLERK.
11:49:11AM MS. DOCK SENT IT TO THE CLERK DECEMBER 14 TO SET IT FOR
11:49:15AM HEARING.
11:49:15AM SO HERE WE ARE.
11:49:17AM ULTIMATELY, WHAT IT BOILS DOWN TO IS FOAM PANELING NEEDS TO
11:49:22AM BE FIXED AND THE SPEAKERS NEED TO COME DOWN.
11:49:24AM JUST FOR YOUR INFORMATION, I DID DRIVE BY THIS MORNING ON MY
11:49:30AM WAY HERE TO SEE WHAT IT LOOKED LIKE.
11:49:33AM AS I WAS DRIVING BY, THERE ARE STILL A COUPLE OF PLACES
11:49:35AM WHERE THE FOAM PANELS ARE, THERE ARE HOLES.
11:49:38AM I CAN SEE THE WROUGHT IRON FENCING.
11:49:40AM THE PANELS WEREN'T ON THOSE SPACES.
11:49:42AM AND THE STAGE AND THE SPEAKERS ARE GONE, AND THERE ARE SOME
11:49:47AM NEW WHAT APPEAR TO BE STRUCTURES BUILT.
11:49:51AM I DID PULL ALL THE PERMITTING AHEAD OF TIME, JUST TO SEE IF
11:49:54AM THEY HAD PULLED ANY PERMITS RECENTLY, AND THEY HAVEN'T
11:49:56AM PULLED ANY PERMITS RECENTLY.
11:49:58AM SO I DID CONTACT THE BUILDING OFFICIAL TO GO AND LOOK AT IT
11:50:00AM TODAY TO MAKE SURE THAT WHATEVER THEY HAVE DONE IS COMPLIANT
11:50:05AM WITH CODE, BECAUSE THERE ARE NO ACTIVE PERMITS ON THE SITE.
11:50:08AM THAT'S WHERE WE ARE TODAY.
11:50:09AM WE BELIEVE THAT THEY ULTIMATELY -- ULTIMATELY, THEY WERE IN
11:50:14AM VIOLATION.
11:50:14AM THEY HAVE BEEN IN VIOLATION.
11:50:15AM THEY HAVE BEEN PUT ON NOTICE A COUPLE OF TIMES.
11:50:18AM WHAT YOU'RE DETERMINING AT THIS POINT IS WHETHER OR NOT YOU
11:50:22AM CAN FIND THEM IN VIOLATION, AND THEY WERE AT THOSE TIMES.
11:50:24AM WE BELIEVE THERE'S CLEAR EVIDENCE THAT THERE WAS.
11:50:27AM I WILL TURN IT BACK OVER TO LEGAL DEPARTMENT OR WHATEVER IS
11:50:30AM NEXT ON THE LIST.
11:50:31AM THANK YOU.
11:50:36AM >>KRISTIN MORA: THANK YOU, COUNCIL.
11:50:37AM KRISTIN MORA, LEGAL DEPARTMENT.
11:50:38AM ON A RELATED ISSUE, WE ARE HERE TODAY ON THE SITE PLAN
11:50:44AM THINGS THAT THEY HAVE NOT COMPLIED WITH.
11:50:47AM HOWEVER, WE BELIEVE THAT BECAUSE THE SITE PLAN ISSUES ARE A
11:50:50AM PART OF THEIR NOISE ATTENUATION PLAN, IT WOULD BE RELEVANT
11:50:53AM FOR COUNCIL TO UNDERSTAND THAT THERE HAVE BEEN NOISE
11:50:56AM COMPLAINTS ON THE PROPERTY.
11:50:57AM SO WE HAVE CAPTAIN NEIL HERE FROM THE TAMPA POLICE
11:50:59AM DEPARTMENT THAT IS GOING TO GIVE YOU JUST VERY BRIEFLY HOW
11:51:02AM MANY SERVICE CALLS THEY'VE HAD AND THAT HAS BEEN RELATED TO
11:51:05AM NOISE.
11:51:14AM >> GOOD MORNING.
11:51:14AM CAPTAIN NEIL, DISTRICT 3.
11:51:17AM OVER THE PAST TWO YEARS, AS PREVIOUSLY DISCUSSED, WE'VE
11:51:22AM RESPONDED TO MULTIPLE SERVICE CALLS FOR SERVICE OF NOISE
11:51:26AM COMPLAINTS.
11:51:28AM AS THE CODES HAVE CHANGED, WE'VE USED THE METERS AND ALSO
11:51:33AM JUST WHERE WE ARE NOW SINCE AUGUST WITH WHAT'S PLAINLY
11:51:38AM AUDIBLE WITHIN THAT 100 FEET.
11:51:40AM SINCE SEPTEMBER, WE'VE HAD ISSUED 7 CITATIONS AND MULTIPLE
11:51:48AM WARNINGS ON THESE VARIOUS COMPLAINTS.
11:51:51AM WE ABSOLUTELY TRY EDUCATION AND WARNING FIRST.
11:51:53AM WE ADAPTED AS SERVICE CALLS CAME AND CODE CHANGED, BUT THE
11:51:59AM COMPLAINTS ARE STILL COMING IN.
11:52:00AM I DON'T HAVE A PARTICULAR NUMBER OF THE TOTAL COMPLAINTS
11:52:07AM OVER THE PAST THREE YEARS, BUT I CAN VERIFY THAT THERE ARE
11:52:11AM MULTIPLE CALLS AND WE RESPONDED AND EDUCATE AND ENFORCE AS
11:52:15AM NEEDED.
11:52:18AM >>FRANK REDDICK: ANY QUESTIONS FOR THE CAPTAIN?
11:52:20AM THANK YOU.
11:52:23AM >> THANK YOU.
11:52:28AM >>KRISTIN MORA: COUNCIL, I THINK AT THIS TIME IT WOULD BE
11:52:31AM APPROPRIATE TO HEAR FROM -- I BELIEVE THERE IS COUNSEL HERE
11:52:33AM REPRESENTING THE PROPERTY OWNER AS WELL AS THE OPERATOR FOR
11:52:36AM THE ESTABLISHMENT AND I HAVE SPOKEN WITH THEM BOTH.
11:52:40AM THEY ARE COMFORTABLE SPLITTING THE 15 MINUTES.
11:52:42AM I THINK THEY WILL SPLIT IT AMONGST THEMSELVES, HOWEVER THEY
11:52:45AM SEE FIT.
11:52:50AM >>JULIA MANDELL: JULIA MANDELL, LAW FIRM OF GRAY ROBINSON.
11:52:54AM I'M HERE REPRESENTING THE PROPERTY OWNER, NOT THE TENANT OR
11:52:57AM FRANKLIN MANOR, BUT THE PROPERTY OWNER.
11:52:58AM MY CLIENT IS 912 FRANKLIN LLC, AND THEY DO OWN MOST OF THAT
11:53:03AM ENTIRE BLOCK.
11:53:04AM THEY WANT TO REITERATE A FEW THINGS.
11:53:07AM ONE, FRANKLIN MANOR HAS BEEN AN INCREDIBLE TENANT, AND THEY
11:53:10AM HAVE REALLY HELPED TO HAVE THAT PART OF DOWNTOWN REALLY COME
11:53:15AM ALIVE.
11:53:15AM THE SECOND THING THEY WANTED TO IDENTIFY AND MAKE SURE YOU
11:53:19AM KNEW IS THAT UPON THE LANDLORD, MY CLIENT LEARNING THAT
11:53:22AM THERE WERE VIOLATIONS, THEY DID WORK WITH THE TENANT, AND
11:53:25AM INFORMED THE TENANT THAT THEY NEEDED TO GO AHEAD AND GET
11:53:27AM THOSE COMPLIED WITH.
11:53:28AM SO THE FACT THAT THAT HAS BEEN MOVING FORWARD AND IS MOVING
11:53:32AM FORWARD IS SOMETHING I WANTED TO MAKE SURE WAS WITHIN THE
11:53:34AM RECORD.
11:53:34AM I'M A LITTLE CONFUSED ABOUT THE NOISE CITATIONS.
11:53:38AM WHEN I LOOKED NOT RECORDS, I DIDN'T SEE ANY NOISE CITATIONS,
11:53:42AM AND MR. CARTY, THE OWNER OF 912 FRANKLIN LLC IS ALSO NOT
11:53:50AM AWARE OF ANY ACTUAL CITATIONS BEING ISSUED.
11:53:52AM WE ARE NOW AWARE THERE HAVE BEEN COMPLAINTS OUT THERE, BUT
11:53:55AM THERE WERE NO ACTUAL CITATIONS THAT WERE ISSUED.
11:53:57AM SO THAT IS SOMETHING IN A WE WERE NOT AWARE OF -- THAT WE
11:54:00AM WERE NOT AWARE OF, AND IF THAT IS THE CASE, WE'D LIKE TO BE
11:54:03AM MADE AWARE OF THIS.
11:54:04AM I DON'T KNOW IF MR. McCARTY HAS ANYTHING TO REITERATE.
11:54:09AM >>FRANK REDDICK: STATE YOUR NAME, PLEASE.
11:54:11AM >> JASON McCARTY.
11:54:11AM I AM THE MANAGING PARTNER OF 912 FRANKLIN LLC.
11:54:15AM I THINK JULIA DID A NICE JOB.
11:54:17AM THEY HAVE BEEN A TREMENDOUS TENANT FOR US IN THE NORTH END
11:54:20AM OF DOWNTOWN.
11:54:20AM AS YOU'RE AWARE, WE HAD A TENANT IN THERE PRIOR, AND PRIOR
11:54:23AM TO THAT, IT WAS HOHO'S.
11:54:28AM RECENTLY BOUGHT THE FLY AND HAVE A NEW CONCEPT GO IN THERE.
11:54:31AM WE'VE HAD NO COMPLAINTS AS A LANDLORD RELATIONSHIP THERE.
11:54:34AM AND WHEN WE DID GET THE COMPLAINT FROM THE CITY, WE
11:54:37AM IMMEDIATELY CONTACTED OUR TENANT, AND WE BELIEVE THEY HAVE
11:54:40AM TAKEN THE CORRECTIVE ACTIONS TO RECTIFY ANY SITUATIONS WITH
11:54:43AM ANY NEIGHBORS AND/OR ANY CITY VIOLATIONS.
11:54:46AM THAT'S ALL I HAVE.
11:54:47AM I KNOW THE OTHER PROPERTY OWNER IS HERE AS WELL.
11:54:52AM >> GOOD MORNING, COUNCIL.
11:54:53AM WE'LL TRY TO WORK THROUGH THIS AS QUICKLY AS WE CAN.
11:54:56AM I'M CATHERINE O'DONNELLY, 2002 WEST CLEVELAND STREET, TAMPA,
11:55:00AM FLORIDA.
11:55:01AM I'M HERE ON BEHALF OF THE NOCTURNAL GROUP.
11:55:04AM I KNOW THE PROPERTY OWNER FOR THE PATIO AREA SPECIFICALLY IS
11:55:07AM ALSO HERE, AND HE MAY WANT A MOMENT TO SPEAK AFTER I FINISH.
11:55:10AM BUT I THOUGHT I WOULD JUST TRY TO GO AHEAD AND GET AN
11:55:13AM OVERVIEW IN HERE.
11:55:15AM WE REALLY ARE FOCUSED ON TWO VERY SPECIFIC ISSUES WITH THE
11:55:20AM SITE PLAN, AND WE'RE HERE TODAY TO REALLY TALK ABOUT HOW
11:55:24AM WE'RE MOVING FORWARD.
11:55:24AM WE'RE LOOKING TO MOVE FORWARD, BE ON THE SAME PAGE WITH THE
11:55:28AM CITY AND PROCEED HAND IN HAND IN A COOPERATIVE,
11:55:32AM COLLABORATIVE MANNER.
11:55:35AM I DO HAVE SIGNIFICANT UPDATES TO GIVE YOU.
11:55:37AM ONE QUICK NOTE ON THE DISCUSSION OF NOISE VIOLATIONS,
11:55:41AM REALLY, THE TWO ITEMS THAT WE'RE TALKING ABOUT, COMPLIANCE
11:55:43AM WITH THE SITE PLAN, THOSE ARE SEPARATE FROM NOISE COMPLAINTS
11:55:48AM THAT MAY HAVE BEEN CALLED IN.
11:55:51AM IT WASN'T SPECIFIED IN THE POLICE OFFICER'S TESTIMONY, BUT
11:55:56AM OUR UNDERSTANDING IS THAT THERE HAVE BEEN NO CALLS SINCE
11:55:59AM NOVEMBER.
11:55:59AM AND SO I WANT TO JUST GO AHEAD AND GIVE YOU A LITTLE BIT OF
11:56:03AM BACKGROUND ABOUT FRANKLIN MANOR, AND THEN, AGAIN, THE MAIN
11:56:08AM FOCUS IS HOW WE'RE MOVING FORWARD, AND WE WANT TO SHOW YOU
11:56:11AM THE CHANGES THAT ARE UNDERWAY AT THIS POINT IN TIME.
11:56:14AM FIRST, JUST FOR -- I WANT TO PUT UP A PHOTO SO YOU CAN SEE
11:56:22AM FOR THOSE OF YOU WHO MAY NOT HAVE SPENT TIME THERE ON THE
11:56:25AM OUTDOOR PATIO IN THE EVENING, THIS IS SORT OF WHAT YOU WOULD
11:56:28AM EXPECT ON A TYPICAL NIGHT.
11:56:31AM FRANKLIN MANOR, WHEN THEY OPENED IN 2016, I KNOW STAFF SPOKE
11:56:35AM TO THIS AS WELL AND I WAS GOING TO SUBMIT A COPY INTO THE
11:56:37AM RECORD OF THE LIQUOR LICENSE SIGN-OFF JUST SO THAT YOU HAVE
11:56:40AM THAT IN YOUR HANDS.
11:56:48AM >>YVONNE CAPIN: EXCUSE ME.
11:56:48AM IS THAT THE LICENSE OR THE PERMIT?
11:56:51AM >> THE LICENSE.
11:56:52AM AND NOT TO HARP ON IT TOO MUCH, I THINK CATHY GAVE YOU AN
11:56:55AM OVERVIEW OF THE MEANING, BUT I JUST WANTED FOR BACKGROUND TO
11:57:00AM KIND OF LET YOU KNOW THAT THESE FOLKS BELIEVED THAT THE CITY
11:57:04AM CAME OUT, INSPECTED, SAW WHAT THEY WERE DOING, AND WAS AWARE
11:57:09AM THAT THEY WERE PLANNING TO HAVE OUTDOOR MUSIC AND DO THIS
11:57:12AM TYPE OF CONCEPT.
11:57:14AM AND SO I THINK, YOU KNOW, SOME OF WHAT TRANSPIRED A YEAR
11:57:20AM LATER MAY HAVE CAUSED SOME CONFUSION.
11:57:22AM THEIR POSITION WAS, YOU KNOW, THAT THIS IS -- WE'RE
11:57:26AM OPERATING APPROPRIATELY.
11:57:28AM WE HAVE BEEN APPROVED AND MOVED FORWARD.
11:57:31AM WHAT I CAN'T REALLY SPEAK TO FROM THAT PERIOD IN 2017 IS
11:57:38AM WHAT HAPPENED AFTER THE LETTER WAS ISSUED.
11:57:43AM WHAT WE DO KNOW IS THAT THE LETTER HAPPENED.
11:57:45AM FRANKLIN MANOR BELIEVED THEY WERE IN COMPLIANCE.
11:57:48AM AND THEN NOTHING ELSE OCCURRED.
11:57:50AM THERE WAS NO HEARING BROUGHT FORTH, SO THEY SORT OF
11:57:53AM CONTINUED OPERATING.
11:57:56AM A LOT OF WHAT HAS COME TO A HEAD HAS OCCURRED WITH A CHANGE
11:58:01AM TO THE NOISE ORDINANCE LAST SUMMER THAT REALLY AFFECTED THE
11:58:04AM FRANKLIN MANOR PROPERTY.
11:58:06AM AS YOU MAY BE AWARE, HAS -- THERE IS ONGOING LITIGATION WITH
11:58:11AM A NEIGHBORING PROPERTY, WHICH IS NOT REALLY RELEVANT TO WHAT
11:58:14AM WE'RE TALKING ABOUT, BUT I THINK GIVES YOU A FLAVOR FOR SORT
11:58:19AM OF THE ATTENTION THAT'S BEING PAID TO THE SITE AT THIS TIME.
11:58:22AM AND, SO WITH THAT, WHEN I STARTED WORKING WITH THESE FOLKS
11:58:33AM PRECEDING THESE ISSUES AS THEY OPENED ANOTHER CONCEPT, AND
11:58:40AM THEN AS THE NOISE-RELATED ISSUES STARTED TO COME TO A HEAD
11:58:43AM AROUND OCTOBER, I CONTACTED THE CITY PROACTIVELY TO JUST
11:58:47AM SORT OF CHECK IN AND SAY IS THERE ANYTHING THAT WE NEED TO
11:58:51AM BE DOING OR SHOULD WE BE MEETING AND HAVING A DISCUSSION?
11:58:55AM I WAS NOT AWARE, AND I DON'T THINK FRANKLIN MANOR WAS, BUT
11:58:58AM THE 2017 LETTER WAS NECESSARILY STILL AN OPEN ISSUE, BUT
11:59:03AM THAT WAS COMMUNICATED TO US OVER A PERIOD OF WEEKS.
11:59:07AM AND IN THOSE DISCUSSIONS WITH THE CITY, BETWEEN MYSELF AND
11:59:11AM WEIGEL, I THINK WE WERE ALL LOOKING AT THE PLAN, AND LOOKING
11:59:16AM AT A NOTE FROM 2011 THAT WAS, I WOULD SAY PRETTY UNIQUE, A
11:59:21AM LITTLE STRANGELY WORDED CONCERNING THE USE OF BASICALLY
11:59:25AM CABANA FURNITURE.
11:59:28AM AND SO I THINK WE ALL HAD TO TAKE A BEAT AND REALLY LOOK
11:59:32AM CLOSELY AT THAT.
11:59:34AM THE LEGAL DEPARTMENT WANTED TO COME BACK AND LET ME KNOW
11:59:37AM THEIR POSITION.
11:59:38AM THEY DID THAT.
11:59:38AM AND THEN VERY QUICKLY REGROUPED WITH FRANKLIN MANOR AND SAID
11:59:44AM THESE ISSUES ARE DEFINITELY OPEN, AND SO WE HAD TO DECIDE
11:59:47AM WHAT PATH TO TAKE, WHETHER THAT WAS GOING TO BE A CONFLICT
11:59:54AM SORT OF PATH, LITIGIOUS PATH OR SUBMITTING A NEW SPECIAL USE
11:59:58AM PERMIT APPLICATION, AND THE OPTION THAT WE HAVE DECIDED TO
12:00:00PM PROCEED WITH IS SORT OF REBRANDING THIS WHOLE OUTDOOR PATIO.
12:00:06PM AND IN DOING THAT, REALLY TURNING A PAGE WITH THE CITY,
12:00:09PM MAKING SURE THAT WE'RE, AGAIN, ALL ON THE SAME PAGE, AND
12:00:12PM MOVING FORWARD.
12:00:12PM AND SO I WANT TO JUST PROVIDE SOME PHOTOS SO YOU CAN SEE
12:00:21PM WHERE WE ARE AT RIGHT NOW.
12:00:22PM I'M GOING TO PUT THIS ONE UP FOR YOU ON THE FOAM PANELING.
12:00:30PM I WILL HAND OUT THIS PACKET AS WELL.
12:00:32PM THERE WERE -- I THINK YOU SAW IN SOME OF THE PHOTOS THAT
12:00:36PM CATHY PROVIDED, THAT THERE WERE ACTUALLY, LIKE, A COUPLE OF
12:00:38PM PIECES THAT WERE MISSING.
12:00:40PM AND SO WE MAY NOT HAVE HAD COMMUNICATION ON THAT POINT.
12:00:44PM BUT THIS MORNING, WHEN CATHY LET ME KNOW SHE HAD GONE -- SHE
12:00:49PM HAD GONE BY THE SITE, SHE POINTED OUT THERE WAS ALSO CONCERN
12:00:51PM ABOUT SOME OF THE SMALL AREAS THAT YOU CAN SEE, LIKE, IT'S
12:00:54PM WHERE THE RAILING IS, AND SO, YOU KNOW, WHAT WE DISCUSSED
12:00:59PM THIS MORNING WAS THAT WE ARE, AGAIN, COMING UNDER A VERY
12:01:04PM COOPERATIVE POSITION, AND I DON'T THINK WE HAVE ANY PROBLEM
12:01:07PM IN TRYING TO ACCOMMODATE OR REQUEST TO LOOK AT HOW WE CAN
12:01:12PM SECURE THOSE COUPLE OF INCH GAPS.
12:01:16PM BUT THE SECTIONS THAT WE UNDERSTOOD THE CITY WAS SAYING
12:01:20PM THESE ARE JUST LITERALLY MISSING, THOSE ARE COMPLETE.
12:01:23PM SO I'M GOING TO HAND THIS OUT FOR YOU.
12:01:25PM AND THE OTHER ISSUE -- AND I ALSO WOULD NOTE ON THAT, I
12:01:38PM BELIEVE IT WAS A COUPLE OF MONTHS AGO, WE WERE SORT OF JUST
12:01:41PM TRYING TO MAKE SURE, AGAIN, IT WAS UNCLEAR THERE WERE OPEN
12:01:45PM ISSUES, SO WHEN I GOT INVOLVED, AND WE WERE TRYING TO WORK
12:01:47PM THROUGH THIS, WE WERE ALSO REALLY TRYING TO ELIMINATE ANY
12:01:51PM OPEN ISSUES.
12:01:52PM AND I HAD COMMUNICATED, AT LEAST WITH CITY LEGAL SO THERE
12:01:55PM MAY HAVE BEEN SOME MISUNDERSTANDING ON THAT FOAM PANELING
12:01:57PM ISSUE, BECAUSE I SENT A PHOTO ALONG, AND SO BUT THAT'S,
12:02:01PM AGAIN, IT IS FINE.
12:02:02PM WE ARE HAPPY TO COOPERATE AND GO BACK OUT TO THE SITE AND
12:02:05PM FIGURE OUT WHAT NEEDS TO HAPPEN TO GET ON THE SAME PAGE.
12:02:10PM I THINK ON THE MORE SIGNIFICANT ISSUE, REGARDING THIS NOTE
12:02:14PM ON THE PLAN FROM 2011, THIS IS WHERE THERE'S REALLY A MORE
12:02:19PM SIGNIFICANT UPDATE TO PROVIDE.
12:02:22PM THERE WERE SPEAKERS THAT EXISTED OUTSIDE FROM THE INCEPTION
12:02:27PM OF FRANKLIN MANOR.
12:02:29PM THOSE HAVE ALL BEEN TAKEN DOWN, AND THEY ARE IN THE PROCESS
12:02:32PM OF FINISHING UP THE CABANA STRUCTURES.
12:02:39PM THIS IS NOT FOCUSING.
12:02:43PM I'M GOING TO HAND IT OUT FOR YOU ALL.
12:02:45PM >>FRANK REDDICK: LET ME STOP YOU FOR A SECOND.
12:02:47PM COUNCIL, IT'S 12:00, WHAT WOULD WE LIKE TO DO?
12:02:52PM >> I'M CLOSE.
12:02:54PM >>CHARLIE MIRANDA: WE HAVE OTHERS.
12:02:55PM I'M NOT TRYING TO CHANGE THE RULES.
12:02:57PM WE HAVE A FULL HOUSE THAT DOES NOT PERTAIN TO THIS, I
12:03:00PM IMAGINE.
12:03:00PM 12:30 IS NOT GOING TO MAKE IT.
12:03:02PM I DON'T MIND LISTENING TO THE CASE AND BREAKING.
12:03:06PM >>FRANK REDDICK: 12:30 AIN'T GOING TO DO IT.
12:03:08PM WE HAVE QUITE A FEW MORE OF THESE HEARINGS ON THE AGENDA.
12:03:11PM DO WE WANT TO BREAK FOR LUNCH AT THIS TIME AND COME BACK?
12:03:17PM >>CHARLIE MIRANDA: WHATEVER YOU SAY, MR. CHAIRMAN.
12:03:18PM YOU'RE THE LEADER HERE.
12:03:21PM >>FRANK REDDICK: WE'LL COME BACK AT 1:30.
12:03:26PM >>MIKE SUAREZ: ARE YOU SUGGESTING WE BREAK NOW AND COME BACK
12:03:28PM AT 1:30?
12:03:30PM >> IF I MIGHT MAKE ONE COMMENT, I KNOW THAT --
12:03:33PM [ NO ENCODER ]
12:04:00PM [ NO ENCODER ]
12:04:07PM [ NO ENCODER ]
12:04:07PM >> -- IN LOOKING AT SOME OF THE NOTES ON THIS PLAN, I THINK
12:04:10PM MY VIEW IS THAT PROBABLY IF WE WERE GOING THROUGH THIS
12:04:13PM EXERCISE TODAY, I DON'T KNOW THAT IT WOULD HAVE BEEN DRAFTED
12:04:16PM IN THIS MANNER.
12:04:17PM I THINK IT WOULD HAVE BEEN A LOT CLEARER, BUT I HAVE NOT --
12:04:21PM I'VE NOT HEARD THAT THERE IS AN ISSUE WITH THE MATERIAL
12:04:23PM THAT'S BEING USED.
12:04:24PM >>CHARLIE MIRANDA: I'M ASKING YOU THIS FOR PROTECTION OF
12:04:27PM BOTH.
12:04:28PM PETITIONER, OR IN THIS CASE, THE LIQUOR HOLDER AND THE
12:04:31PM NEIGHBORS.
12:04:31PM >> SURE, SURE.
12:04:32PM WELL, THE PLAN DOES NOT CALL FOR ANY SPECIFIC -- YOU KNOW,
12:04:35PM THERE'S NO SPECIFIC DIMENSIONS OR ANYTHING LIKE THAT.
12:04:38PM >>CHARLIE MIRANDA: AND THE REASON I ASK, THIS CRAZY GO DOES
12:04:41PM THINGS TO THE HOUSE THAT SOMETIMES I GET INSULATION THAT I
12:04:45PM DON'T NECESSARILY HAVE TO HAVE BUT I WANT TO TEST THINGS
12:04:48PM OUT.
12:04:48PM >> ABSOLUTELY.
12:04:49PM >>CHARLIE MIRANDA: I REALIZE I'VE DONE THINGS WITH DIFFERENT
12:04:52PM WIDTH AND DIFFERENT WIDTH DO DIFFERENT THINGS TO THE HOUSE.
12:04:55PM >> ABSOLUTELY.
12:04:55PM AGAIN, THIS IS KIND OF OFF OF THE DIRECT ISSUES AT HAND, WE
12:05:00PM HAVE EMPLOYED A NOISE EXPERT AND GONE THROUGH A LOT OF VERY
12:05:04PM TECHNICAL ANALYSIS OF HOW TO MAKE SURE THAT WE ARE BEING
12:05:08PM GOOD NEIGHBORS, BUT AT THIS POINT TODAY, THERE ARE NO
12:05:12PM SPEAKERS, SO IT'S KIND OF -- WE'RE MOVING FORWARD ON A
12:05:16PM DIFFERENT INTERACTION.
12:05:19PM >>YVONNE CAPIN: YOU'RE VERIFYING THERE ARE NO AMPLIFIED
12:05:23PM SOUND OUTSIDE?
12:05:24PM >> RIGHT, EVERYTHING HAS BEEN TAKEN DOWN.
12:05:26PM >>YVONNE CAPIN: OKAY.
12:05:27PM I WANT TO MAKE SURE THAT THAT'S WHAT I UNDERSTAND.
12:05:30PM I'M STILL ASKING QUESTIONS.
12:05:41PM >>MIKE SUAREZ: MAYBE BEFORE THEY ANSWER ANOTHER QUESTION,
12:05:43PM LET'S FIGURE OUT THE TIME AND THEN WE CAN GO FORWARD WITH
12:05:45PM THE ANSWER TO THE LAST QUESTION.
12:05:47PM >> YEAH, I CAN SHOW YOU --
12:05:49PM >>MIKE SUAREZ: HANG ON, MS. O'DONNELLY.
12:05:51PM I WOULD SUGGEST THAT AFTER SHE ANSWERS THE QUESTION, LET'S
12:05:54PM BREAK AT 12:07, AND -- OR 12:08 AND GO AND COME BACK AT
12:06:00PM 1:30.
12:06:01PM PROBABLY WILL BE THE EASIEST WAY OF DOING IT.
12:06:03PM IF YOU COULD ANSWER THE QUESTION, AND THEN WE'LL BREAK AT
12:06:06PM THAT TIME.
12:06:07PM >> I KNOW WE HAVE SOME PEOPLE WHO MAY NOT BE ABLE TO COME
12:06:11PM BACK, IN PARTICULAR THE OWNER OF THE PATIO WHO I KNOW IS
12:06:14PM VERY ANXIOUS TO SPEAK.
12:06:15PM I JUST GOT A CLARIFICATION FROM OUR LITIGATION COUNSEL THAT
12:06:19PM I THINK THERE'S -- YOU KNOW, THE SPEAKER THAT'S LIKE THE
12:06:21PM SIZE OF YOUR HAND THAT YOU WOULD HAVE AT YOUR HOUSE, THAT
12:06:24PM THERE'S SOMETHING LIKE THAT IN THE BAR AREA, BUT WHAT WE'RE
12:06:30PM REALLY TALKING ABOUT, THE ISSUE THAT BROUGHT US TO THIS
12:06:32PM PLACE WERE THESE SPEAKERS, THIS IS A PICTURE OF THEM IN
12:06:37PM STORAGE, IF YOU CAN SEE THAT.
12:06:40PM >>FRANK REDDICK: ALL RIGHT.
12:06:41PM IF YOU'LL ALLOW US TO GET OUT OF HERE, OR WE'LL COME BACK AT
12:06:47PM 2.
12:06:48PM >> I'M TRYING TO SEE --
12:06:50PM >>KRISTIN MORA: KRISTIN MORA, LEGAL DEPARTMENT.
12:06:52PM SOUNDS LIKE YOU'RE INCLINED TO BREAK.
12:06:54PM I THINK THAT'S APPROPRIATE.
12:06:55PM HOWEVER, I KNOW THE OWNER, THERE ARE TWO PROPERTY OWNERS
12:06:57PM THAT ARE INVOLVED IN THE SAME ALCOHOL BEVERAGE PERMIT.
12:07:00PM THE OWNER OF THE PATIO WILL NOT BE ABLE TO RETURN AT 1:30,
12:07:03PM HE HAS STATED.
12:07:04PM IF YOU COULD HEAR FROM HIM BRIEFLY.
12:07:06PM >>YVONNE CAPIN: WHAT PATIO?
12:07:07PM >>KRISTIN MORA: THERE IS ONE --
12:07:10PM >>YVONNE CAPIN: THE PATIO IS ONE OWNER?
12:07:12PM >>KRISTIN MORA: THE ALCOHOLIC BEVERAGE PERMIT COVERS AN
12:07:14PM INDOOR AREA AND OUTDOOR AREA.
12:07:15PM >>FRANK REDDICK: I DON'T THINK YOU ALL HEARD OUR MESSAGE.
12:07:19PM [ LAUGHTER ]
12:07:19PM IF WE KEEP EXTENDING THIS, THEN WE'RE GOING TO EXTEND THE
12:07:23PM TIME FOR US TO COME BACK --
12:07:27PM [ NO ENCODER ]
12:07:41PM [ NO ENCODER ]
12:08:01PM [ NO ENCODER ]
12:08:02PM >> THANK YOU, COUNCIL.
12:08:03PM >>FRANK REDDICK: WE GO IN RECESS.
12:08:05PM >> HI.
12:08:06PM MICHAEL ISAAK ON BEHALF OF 914 FRANKLIN STREET.
12:08:10PM MY MOTHER AND I ARE THE PROPERTY OWNERS.
12:08:12PM IF IT WILL ACCOMMODATE YOU, I HAVE TO BE IN COURT AT 1:30.
12:08:15PM SO I'D COME BACK ON A DIFFERENT DAY, I JUST CAN'T COME BACK
12:08:18PM THIS AFTERNOON.
12:08:19PM THIS PARTICULAR AREA IN THE INTERSECTION OF FRANKLIN AND
12:08:28PM TYLER IS QUICKLY BECOMING ONE OF THE MOST POPULAR LOCATIONS.
12:08:31PM FRANKLIN MANOR IS ONE OF THE HOTTEST NIGHTCLUBS.
12:08:35PM THERE ARE RESTAURANTS OPENING ACROSS THE STREET, ONE BLOCK
12:08:38PM NORTH, ONE BLOCK SOUTH.
12:08:39PM RIGHT NEXT DOOR IS LOUNGE WHICH IS UNDER RENOVATION OWNED BY
12:08:44PM THE PRIADO FAMILY.
12:08:46PM MY MOTHER OWNS THE BUILDING ACROSS THE STREET FROM THE
12:08:48PM PATIO, WHICH WE ARE NOW RENOVATING, AND THERE ARE
12:08:52PM SUBSTANTIAL INTERESTS.
12:08:52PM OVER THE NEXT 12 TO 18 MONTHS, I THINK THIS PARTICULAR AREA
12:08:55PM OF TOWN IS GOING TO TAKE ON A VERY, VERY DIFFERENT LOOK.
12:08:58PM THE ANCHOR IS FRANKLIN MANOR.
12:09:00PM SO IT WILL HARM THE DEVELOPMENT OF BUSINESSES IF YOU TAKE
12:09:05PM THE EXTREME SANCTION OF SUSPENSION.
12:09:08PM IT SOUNDS TO ME FROM WHAT I'M HEARING AND A LOT OF THE
12:09:12PM INFORMATION THAT'S COME OUT BEFORE YOU, THIS IS THE FIRST
12:09:15PM TIME WE'RE HEARING IT.
12:09:16PM WITH REGARD TO THE VIOLATIONS.
12:09:18PM BUT IT SOUNDS LIKE THE FRANKLIN MANNER GROUP IS TAKING
12:09:25PM POSITIVE STEPS TOWARD COMING INTO COMPLIANCE.
12:09:28PM AND THE ONE THING THAT I'M SUGGESTING TO THIS COUNCIL IS
12:09:32PM THAT YOU --
12:09:33PM [ NO ENCODER ]
12:10:03PM [ NO ENCODER ]
12:10:10PM [ NO ENCODER ]
12:10:11PM >> -- I'M PUT ON NOTICE THAT MY TENANT IS IN VIOLATION, I
12:10:14PM WOULD TAKE AFFIRMATIVE STEPS TO ENSURE THAT SOME SORT OF
12:10:17PM REMEDY IS BEING TAKEN CARE OF.
12:10:18PM WE WERE NEVER NOTICED OF ANY OF THE PRIOR VIOLATIONS, AND I
12:10:22PM THINK THAT'S PROBLEMATIC.
12:10:23PM THE OTHER -- AND THE LAST POINT I'D LIKE TO MAKE IS, WHILE
12:10:26PM I'M NOT INSENSITIVE TO THE NEEDS AND THE PRIVACY OF THE
12:10:30PM RESIDENTS IN THE AREA, I THINK IT'S IMPORTANT TO UNDERSTAND
12:10:34PM THAT FOR THOSE INDIVIDUALS WHO WANT TO LIVE A COSMOPOLITAN
12:10:38PM LIFE, THEY HAVE TO HAVE A REASONABLE UNDERSTANDING THAT
12:10:40PM THERE WILL BE GREATER NOISE THAN THE QUIET AMBIENCE OF
12:10:43PM SUBURBAN LIVING.
12:10:45PM AND THIS IS AN AREA THAT'S VERY COSMOPOLITAN.
12:10:49PM WE'RE ASKING THAT YOU NOT TAKE ANY SANCTIONS AGAINST THIS
12:10:52PM GROUP SINCE THEY ARE MAKING A VERY GOOD-FAITH EFFORT TO COME
12:10:55PM INTO COMPLIANCE, AND I HOPE THAT YOU'LL TAKE INTO
12:10:58PM CONSIDERATION THE IMPACT THAT A SUSPENSION WOULD HAVE ON THE
12:11:04PM AREA AND THE BUSINESS OWNERS, AND THE BUSINESS OWNERS WHO
12:11:08PM ARE NOW COMING INTO THAT AREA.
12:11:10PM THANK YOU.
12:11:12PM >>MIKE SUAREZ: DON'T GO ANYWHERE.
12:11:14PM CAN I ASK A QUICK QUESTION?
12:11:16PM YOU ARE THE OWNER OF THE PATIO, MR. McCARTY OWNS THE
12:11:22PM BUILDING.
12:11:23PM >> YES, SIR.
12:11:24PM >>MIKE SUAREZ: YOU OWN JUST THE OUTDOOR PATIO.
12:11:26PM >> YES, SIR.
12:11:27PM MY MOTHER AND I ARE THE OWNERS.
12:11:28PM >>MIKE SUAREZ: OKAY.
12:11:29PM SO WE'VE GOT A LOT MORE THINGS TO TALK ABOUT LATER ON.
12:11:32PM THANK YOU.
12:11:32PM >>FRANK REDDICK: WE STAND IN RECESS UNTIL 1:30.
12:11:36PM [RECESS]
12:28:48PM [ NO ENCODER ]
1:37:28PM [MICROPHONES NOT WORKING]
1:37:41PM >>KRISTIN MORA: WE ARE IN THE MIDDLE OF THE PROPERTY OWNER,
1:37:43PM SLASH, OPERATOR'S PRESENTATION, BUT I DID WANT TO CLARIFY
1:37:47PM AFTER THAT LAST SPEAKER --
1:37:57PM THE LAST SPEAKER STATED THAT AS THE PROPERTY OWNER OF THE
1:38:01PM PATIO, THEY DID NOT RECEIVE NOTICE OF THE VIOLATIONS.
1:38:04PM I WANTED TO BRIEFLY ADDRESS THAT POINT, SINCE THAT IS A VERY
1:38:06PM IMPORTANT POINT.
1:38:07PM THIS IS THE JUNE 16th, 2017 LETTER THAT MS. COYLE
1:38:14PM TESTIFIED TO.
1:38:14PM AND YOU CAN SEE ON HERE, THIS IS THE PROPERTY OWNER IN
1:38:18PM QUESTION.
1:38:19PM ISAAK ASSOCIATES --
1:38:21PM >>MARTIN SHELBY: HOLD ON FOR A MINUTE.
1:38:24PM IT'S NOT ON THE SCREEN YET.
1:38:40PM >>KRISTIN MORA: SO 914 NORTH FRANKLIN IS THE PATIO, AND THAT
1:38:44PM IS THE OWNER OF THAT.
1:38:45PM THEY WERE SENT A COPY OF THE JUNE 16, 2017 LETTER.
1:38:49PM I HAVE RIGHT HERE THE GREEN CARD FROM THEM.
1:38:53PM THEY SIGNED IT AND RECEIVED IT ON JUNE 19th, 2017.
1:38:58PM AND THEN ON NOVEMBER 16, 2017, THIS IS THE SECOND LETTER
1:39:04PM THAT MS. COYLE TESTIFIED TO.
1:39:06PM THE FOLLOW-UP LETTER STATING THEY ARE STILL IN VIOLATION,
1:39:09PM AND ONCE AGAIN, YOU WILL SEE ISAAK JASON AND ASSOCIATES, THE
1:39:14PM OWNER -- FRANKLIN, AND AGAIN, YOU HAVE A SIGNATURE THAT THEY
1:39:16PM RECEIVED THIS LETTER AS WELL.
1:39:18PM SO THEY WERE NOTIFIED OF ALL OF THE VIOLATIONS.
1:39:20PM SO WITH THAT, I BELIEVE THAT IT WOULD GO BACK TO
1:39:28PM MS. O'DONNELLY SPEAKING FOR FRANKLIN MANOR.
1:39:31PM THANK YOU.
1:39:36PM >> GOOD AFTERNOON, COUNCIL.
1:39:37PM I WILL TRY TO PICK BACK UP WHERE WE LEFT OFF.
1:39:42PM I HAD TO MAKE A CLARIFICATION THAT SOMEBODY KIND OF ELBOWED
1:39:46PM ME AND TOLD ME I WAS PASSED A NOTE ABOUT WHETHER THERE WERE
1:39:49PM CITATIONS.
1:39:50PM I MAY HAVE SAID THAT THERE WERE SEVEN CALLS.
1:39:52PM I THINK THE NOTE SAID SEVEN CITATIONS.
1:39:54PM I PROBABLY MISSPOKE.
1:39:56PM BUT ON THE TOPIC OF NOISE VIOLATIONS, I DON'T BELIEVE THAT'S
1:39:59PM REALLY THE SUBJECT OF WHAT WE'RE HERE TO DISCUSS.
1:40:03PM IT'S THE TWO ISSUES ON THE SITE PLAN, AND WHEN WE HAD TALKED
1:40:06PM WITH THE CITY ABOUT THIS HEARING, WE WERE NOT INFORMED THAT
1:40:10PM WE WERE GOING TO SORT OF TRY TO RE-COLLECT THE HISTORY OF
1:40:13PM EVERY PHONE CALL AND CITATION THAT MAY HAVE OCCURRED.
1:40:16PM BUT WE HAVE OUR LITIGATION COUNSEL HERE IF THERE ARE
1:40:18PM QUESTIONS ON THAT.
1:40:19PM THAT'S PROBABLY A BETTER RESOURCE.
1:40:21PM GOING BACK TO -- I THINK WE WERE ABOUT TO KIND OF GIVE THE
1:40:29PM UPDATE ON WHAT THE OUTDOOR PATIO LOOKS LIKE TODAY, AND WHERE
1:40:33PM WE ARE IN THIS TRANSITION PROCESS OF MOVING THINGS FORWARD,
1:40:39PM AND I WAS GOING TO JUST HAND THIS OUT FOR YOU AS WELL AS PUT
1:40:43PM IT UP ON THE SCREEN TO TAKE A LOOK AT THE CURRENT STATUS.
1:40:48PM I'LL HAND THESE AROUND FOR YOU TO TAKE A LOOK AT.
1:40:54PM SO I WANT TO BE SURE YOU HAVE THESE PHOTOS THAT SHOW THE
1:41:05PM CONDITIONS.
1:41:05PM I KNOW CATHY WAS NOT ABLE TO GO OVER UNTIL THIS MORNING, AND
1:41:09PM WE'VE ALREADY TALKED THROUGH THE FOAM PANELING QUESTION, AND
1:41:12PM OUR PLAN TO WORK WITH HER ON THAT.
1:41:14PM THERE ARE NOT YET INDIVIDUALLY CONTROLLED SPEAKERS IN THESE
1:41:19PM CABANA FURNITURE, THOSE WILL COME IN SOON, AND OUR PLAN
1:41:25PM WOULD BE TO WORK WITH THE CITY --
1:41:27PM [ BELL SOUNDS ]
1:41:27PM -- AND MAKE SURE THE CITY STAFF COMES OUT AND TAKES A LOOK
1:41:30PM AND THAT AGAIN WE'RE ALL ON THE SAME PAGE AS WE'RE TRYING TO
1:41:33PM MOVE FORWARD.
1:41:33PM I THINK THIS WAS ANOTHER ITEM I WAS TRYING TO GET FOR YOU TO
1:41:38PM TAKE A LOOK AT.
1:41:39PM THERE WERE SPEAKERS THAT WERE UTILIZED ON THE PROPERTY FROM
1:41:47PM THE POINT THAT THEY STARTED OPERATING, AND, YOU KNOW, YOU
1:41:49PM KIND OF GOT TO LOOK AT WHAT THEY WERE DOING FROM THE TIME
1:41:52PM THEY OPENED, GOING FORWARD.
1:41:56PM AND SO THESE ARE NOW IN STORAGE.
1:41:57PM [ BELL SOUNDS ]
1:41:58PM BUT THERE WAS ALSO, I THINK MAYBE SOME CLARIFICATION NEEDED
1:42:01PM ABOUT KIND OF HOW WE GOT HERE, AND MAYBE JUST A LITTLE BIT
1:42:06PM OF A QUICK BACKGROUND AND SUMMARY ABOUT WHAT MAYBE
1:42:09PM TRANSPIRED BETWEEN THE ISSUE IN 2017 AND THAT WE'RE HERE
1:42:15PM TODAY NOW AT A HEARING.
1:42:17PM AND SO ERIC KOENIG IS LITIGATION COUNSEL IN THE PENDING CASE
1:42:22PM WITH THE ADJACENT PROPERTY OWNER.
1:42:24PM AND I THINK HE CAN PROVIDE A REAL SUCCINCT SUMMARY FOR YOU
1:42:28PM ON THAT TOPIC.
1:42:30PM >>FRANK REDDICK: MS. CAPIN.
1:42:31PM >>YVONNE CAPIN: YES, WHEN WE TALKED ABOUT AMPLIFIED SOUND, I
1:42:34PM WANT TO KNOW WHAT WENT WITH THE PERMIT FROM THE BEGINNING.
1:42:39PM ALLOWED?
1:42:44PM >> THE NOTE, AND I KNOW TYPICALLY, LIKE IF SOMEONE WAS
1:42:47PM COMING FORWARD WITH A SPECIAL USE PERMIT REQUEST TODAY, I
1:42:50PM THINK THE TYPE OF LANGUAGE WE WOULD SEE WOULD BE REAL CLEAR,
1:42:54PM AND I KNOW YOU'VE BEEN ON TOP OF THAT, SPECIFICALLY
1:42:57PM COUNCILWOMAN, BUT IT WOULD SAY SOMETHING LIKE EITHER NO
1:43:02PM AMPLIFIED MUSIC OUTSIDE AFTER 10 P.M. OR SOMETHING VERY,
1:43:06PM VERY CLEAR, RIGHT?
1:43:08PM AND INSTEAD, THIS 2011 PLAN SAYS THERE WILL ALSO BE
1:43:14PM SELF-CONTAINED INDIVIDUAL CONTROLS WITHIN THE CABANAS SO
1:43:19PM THAT THE MUSIC LEVELS CAN BE SUSTAINED AT AN APPROPRIATE
1:43:22PM LEVEL WITHOUT CAUSING A NUISANCE TO THE SURROUNDING AREAS.
1:43:27PM >>YVONNE CAPIN: BUT THERE'S NO HOURS OF THE AMPLIFICATION.
1:43:30PM >> NO, THERE ARE NOT.
1:43:31PM >>YVONNE CAPIN: I JUST NEEDED TO KNOW WHAT IT WAS.
1:43:33PM >> THAT'S WHAT WE'RE WORKING WITH IS SOMETHING THAT'S A
1:43:36PM LITTLE UNUSUAL, AND I THINK LEFT SOME UNCERTAINTY.
1:43:38PM THAT'S WHY WHEN I STARTED COMMUNICATING WITH THE CITY
1:43:42PM SEVERAL MONTHS AGO, THEY NEEDED TO COME BACK TO ME AND TELL
1:43:45PM ME, YES, THIS IS OUR POSITION.
1:43:47PM WE'RE READING THIS VERY STRICTLY OR NOT.
1:43:49PM WE HAD A DIFFERENT POSITION, AND I WAS EXPLAINING EARLIER,
1:43:53PM FRANKLIN MANOR BELIEVED THAT THEY WERE OPERATING UNDER AN
1:43:56PM APPROVAL THAT THE CITY HAD COME OUT AND SEEN THE SITE.
1:44:02PM SO THEY WERE MOVING FORWARD FOR A PERIOD OF TIME.
1:44:06PM NONETHELESS, WE'RE HERE TO MOVE THINGS FORWARD AND BE SURE
1:44:09PM THAT WE'RE ON THE SAME PAGE AND THAT THERE'S NO AMBIGUITY,
1:44:12PM THAT THAT IS THE TEXT OF THE NOTE THAT WE'RE WORKING WITH.
1:44:17PM >>YVONNE CAPIN: THANK YOU.
1:44:17PM >> BUT IF I COULD, I THINK THAT LITTLE SUMMARY, THAT LITTLE
1:44:21PM BACKGROUND MIGHT BE HELPFUL, UNLESS THERE'S SOMETHING ELSE I
1:44:25PM CAN COVER.
1:44:27PM >>MIKE SUAREZ: THANK YOU, MS. O'DONNELLY.
1:44:29PM SO I WANT TO MAKE SURE I'M CLEAR ABOUT THIS, BECAUSE WHEN WE
1:44:31PM LEFT AT THE END, WE HAVE SOMEONE WHO OWNS THE PATIO.
1:44:34PM >> YES.
1:44:34PM >>MIKE SUAREZ: WE HAVE SOMEONE WHO OWNS THE BUILDING.
1:44:36PM WE HAVE A RENTER THAT RENTS, I ASSUME FROM BOTH ENTITIES, IS
1:44:40PM THAT CORRECT?
1:44:41PM >> CORRECT.
1:44:41PM >>MIKE SUAREZ: ALL RIGHT.
1:44:42PM NOW, DOES THE SITE PLAN INCLUDE THE PATIO PROPERTY IN
1:44:46PM ADDITION TO IT?
1:44:47PM >> YES.
1:44:47PM >>MIKE SUAREZ: SO WHAT YOU JUST READ, IT INCLUDES THE ENTIRE
1:44:50PM -- THE ENTIRE FOOTPRINT OF --
1:44:52PM >> RIGHT.
1:44:53PM >>MIKE SUAREZ: -- OF BOTH OWNERS, CORRECT?
1:44:55PM >> RIGHT.
1:44:55PM IT COVERS THE PREMISES.
1:44:58PM THAT WAS IN 2011 PREDATING -- OF COURSE, PREDATING FRANKLIN
1:45:03PM MANOR.
1:45:03PM THEY OPENED IN 2016 AND TOOK A BIG RISK, PUT TOGETHER, I
1:45:08PM THINK, $2 MILLION TO MAKE THIS HAPPEN.
1:45:12PM >>MIKE SUAREZ: LET ME ASK YOU, SO THERE WERE NO CHANGES TO
1:45:13PM THE SITE PLAN IN RELATION TO THE 2016 WHEN THEY TOOK OVER,
1:45:18PM THE NEW OWNERSHIP GROUP FROM THE PREVIOUS OWNERS.
1:45:20PM >> CORRECT.
1:45:21PM >>MIKE SUAREZ: PREVIOUS TENANTS, I'M SORRY.
1:45:24PM >> CORRECT.
1:45:24PM AND I KNOW CATHY SPOKE TO THIS AS WELL, BUT I THINK PART OF
1:45:28PM WHAT LED TO THIS PERIOD OF UNCERTAINTY, WHETHER AN OPEN
1:45:33PM ISSUE, FRANKLIN MANOR WAS SAYING TO THEMSELVES, THIS IS WHAT
1:45:36PM WE WERE ALWAYS DOING.
1:45:37PM IT'S VERY CLEAR.
1:45:38PM YOU CAN READ THE NEWS ARTICLES ANNOUNCING THEIR BUSINESS
1:45:41PM PLAN AND PEOPLE CAME AND WALKED THE SITE, AND LITERALLY TOOK
1:45:44PM A TAPE MEASURER AND LOOKED AT EVERYTHING AND SAW IT.
1:45:48PM I THINK THEY JUST, YOU KNOW, HAD A FIRM POSITION ON THAT
1:45:51PM POINT.
1:45:52PM NONETHELESS, ONCE WE'VE COME TOGETHER WITH THE CITY TO LEARN
1:45:59PM THAT THIS ISSUE WAS DEEMED OPEN, LEARNED THAT THEY -- THOUGH
1:46:03PM THERE WAS SOME UNCERTAINTY, I THINK ON THEIR END AS TO HOW
1:46:07PM TO ADDRESS THIS, I'M SPECULATING, BUT I DON'T KNOW WHY THERE
1:46:10PM WASN'T A HEARING CALLED UP UNTIL THIS POINT.
1:46:12PM >>MIKE SUAREZ: OKAY.
1:46:14PM WELL, I APPRECIATE IT.
1:46:15PM I HAVE A QUESTION FOR STAFF THEN, TOO.
1:46:17PM I THINK YOU'RE FINISHED WITH YOUR PRESENTATION, CORRECT?
1:46:19PM >> I THINK.
1:46:19PM LIKE I SAID, I WAS HOPING TO GIVE ERIC KOENIG A QUICK
1:46:25PM MINUTE.
1:46:25PM HE'S, LIKE I SAID, HE'S THE LITIGATION COUNSEL.
1:46:28PM >>MIKE SUAREZ: WELL, I CAN'T SAY TO THAT BECAUSE IT DEPENDS
1:46:32PM ON THE TIME WE HAVE ALLOTTED AND WHETHER OR NOT THE CHAIR
1:46:34PM APPROVES.
1:46:34PM MY GUESS IS, BUT BEFORE THAT HAPPENS, I'D STILL LIKE TO ASK
1:46:39PM STAFF QUESTIONS BEFORE WE GO FORWARD, IF THAT'S OKAY WITH
1:46:41PM THE CHAIR.
1:46:43PM >>HARRY COHEN: I WOULD LIKE TO HEAR WHAT THE UNDERLYING
1:46:46PM ISSUE IS THAT'S GOING ON.
1:46:47PM >>MIKE SUAREZ: THAT'S WHAT I'M GETTING AT WITH STAFF.
1:46:50PM I WANTED TO ASK STAFF A QUESTION ABOUT IT, TOO.
1:46:52PM >>FRANK REDDICK: YOU CAN ASK STAFF A QUESTION AND THEN --
1:46:54PM >> SURE, AND IF I COULD REAL QUICK BEFORE WE DO THAT, I
1:46:58PM THINK IT'S JUST THESE VERY SPECIFIC ISSUES.
1:47:00PM ONE IS THE FOAM PANELING BEING UP IN A MANNER THAT WE'RE ALL
1:47:04PM ON THE SAME PAGE ABOUT.
1:47:05PM AND THE OTHER WAS THE INTERPRETATION OF THIS NOTE.
1:47:08PM ONCE THE CITY LEGAL DEPARTMENT IN THE FALL OR LATE FALL --
1:47:12PM >>MIKE SUAREZ: LET ME GET TO A FULLER PICTURE.
1:47:14PM I THINK WE'RE ALL CONFUSED ON THINGS.
1:47:17PM LET'S NOT START DIVING INTO THE WEEDS RIGHT NOW.
1:47:19PM WE'VE HEARD A LOT OF WEED TALK.
1:47:21PM >> HAVE WE?
1:47:22PM [ LAUGHTER ]
1:47:23PM >>MIKE SUAREZ: WE HEARD A LOT ABOUT, YOU KNOW, BEING TOO
1:47:27PM DEEP IN THE WEEDS RIGHT NOW.
1:47:28PM I WANTED TO GET WITH STAFF AND FIND OUT.
1:47:30PM I'M GOING TO SEE WHO IS GOING TO ANSWER THIS QUESTION.
1:47:34PM I'LL START WITH YOU, OKAY?
1:47:36PM >> ALL RIGHT.
1:47:36PM >>MIKE SUAREZ: WE'VE BEEN HEARING A LOT OF STUFF, FIRST OF
1:47:38PM ALL, ABOUT BARRIERS AND THIS AND THAT, AND THEN LAST AT THE
1:47:42PM END NOW SOMEBODY ELSE IS AN OWNER OF JUST THIS ONE PARCEL
1:47:46PM THAT'S WITHIN THE ACCARDI, ADJACENT ACCARDI'S PROPERTY.
1:47:50PM WHAT I NEED TO KNOW IS, A, WHO IS BEING CITED FOR WHAT,
1:47:55PM WHEN?
1:47:56PM BECAUSE WE HEARD MS. COYLE COME UP BEFORE, BUT WE DON'T KNOW
1:48:01PM IF IT'S GOING TO THE OWNER OF THE BUILDING, GOING TO THE
1:48:03PM OWNER OF THE PATIO, WHAT'S GOING ON HERE?
1:48:08PM BECAUSE WE NEED TO FIGURE THIS OUT.
1:48:14PM >> MY UNDERSTANDING FROM ALL THE TESTIMONY THAT I'VE HEARD
1:48:16PM IS THAT FRANKLIN MANOR OPENED IN 2016.
1:48:20PM >>MIKE SUAREZ: UM-HUM.
1:48:21PM >>KRISTIN MORA: AT THAT POINT THEY RECEIVED AN ALCOHOL
1:48:23PM SIGN-OFF THAT ONLY SIGNED OFF ON THE SQUARE FOOTAGE THAT
1:48:26PM THEY WERE ALLOWED BY CITY COUNCIL TO SELL ALCOHOLIC
1:48:30PM BEVERAGES.
1:48:30PM >>MIKE SUAREZ: CLARIFY THAT FOR US THEN.
1:48:32PM PLEASE CLARIFY THAT.
1:48:33PM DOES THAT INCLUDE THE PATIO PORTION OF IT IN ADDITION TO THE
1:48:36PM BUILDING, OR IS IT SEPARATE ANYWAY?
1:48:38PM >>KRISTIN MORA: IT IS ONE ALCOHOL PERMIT FOR BOTH THE
1:48:42PM BUILDING AND THE PATIO.
1:48:43PM >>MIKE SUAREZ: OKAY.
1:48:44PM >>KRISTIN MORA: BOTH AREAS WERE MEASURED AND MADE SURE THAT
1:48:46PM THEY MET THE SQUARE FOOTAGE THAT CITY COUNCIL HAD AGREED TO
1:48:51PM IN THE SPECIAL USE PERMIT.
1:48:53PM >>MIKE SUAREZ: BECAUSE THE ORIGINAL SPECIAL USE PERMIT WAS
1:48:56PM IN 2011?
1:48:58PM >>KRISTIN MORA: I BELIEVE THAT'S CORRECT, YES.
1:49:00PM >>MIKE SUAREZ: WHEN IN 2011?
1:49:01PM WAS IT UNDER THIS COUNCIL?
1:49:02PM WAS IT THE PREVIOUS COUNCIL?
1:49:04PM I CAN'T REMEMBER.
1:49:04PM YOU WERE HERE -- REMEMBER, YOU WERE HERE BEFORE US.
1:49:10PM >>KRISTIN MORA: JANUARY --
1:49:14PM >> IT DEPENDS ON WHAT TIME OF YEAR.
1:49:15PM >>MIKE SUAREZ: IT WAS IN JANUARY OF 2011?
1:49:19PM >>KRISTIN MORA: JANUARY, FEBRUARY OF 2011, YES.
1:49:21PM >>MIKE SUAREZ: THE REASON WHY, AND MR. COHEN AND I BOTH
1:49:24PM LOOKED AT EACH OTHER, I DON'T REMEMBER ZONING THIS.
1:49:26PM IT'S BEEN A LONG WHILE, SO I WASN'T SURE.
1:49:29PM THANK YOU FOR CLARIFYING THAT.
1:49:30PM SO THE ORIGINAL, I GUESS IT WOULD BE THE SPECIAL USE THAT
1:49:33PM WAS DONE INCLUDED THE PATIO AND THE BUILDING.
1:49:36PM >> CORRECT.
1:49:37PM >>MIKE SUAREZ: DID IT HAVE A DESIGNATION THAT THOSE TWO
1:49:40PM PIECES WERE SEPARATE ENTITIES IN ADDITION TO -- SEPARATE
1:49:42PM LANDLORDS IN ADDITION TO WHO THE TENANT WAS?
1:49:47PM >>KRISTIN MORA: NO.
1:49:48PM IT CALLED OUT BOTH AS ONE PERMIT.
1:49:50PM >>MIKE SUAREZ: OKAY.
1:49:51PM SO HENCE SOME OF THE ISSUES THAT WE KEEP COMING BACK TO,
1:49:56PM WHICH IS NO ONE KNEW WHAT WAS ANYONE ELSE GETTING AND
1:49:59PM SOMEBODY ELSE DIDN'T GET IT SO WHERE ARE WE ON ALL THIS?
1:50:02PM YOU KNOW, SO I WANTED TO MAKE SURE WE DID NOT SEND SOMETHING
1:50:06PM OUT AND THEY RECEIVED IT AND THEN JUST IGNORED IT, BECAUSE
1:50:10PM IT DOES SOUND LIKE THERE'S A LITTLE BIT OF CONFUSION THERE.
1:50:12PM I'M NOT SURE IF IT IS, BUT IT SEEMS LIKE IT MIGHT BE.
1:50:14PM SO THE SECOND PART OF THIS IS, NOW THAT WE KNOW THAT THERE
1:50:18PM ARE THREE ENTITIES, ESSENTIALLY, THAT ARE DEALING WITH THIS,
1:50:23PM AND IN 2016, WHEN THEY GOT THE APPLICATION, THE APPROVAL OF
1:50:26PM THE APPLICATION, AS THE NOCTURNAL GROUP, SO THAT ALSO REFERS
1:50:33PM BACK TO THE 2011 SPECIAL USE?
1:50:37PM >>KRISTIN MORA: YES, YES.
1:50:38PM THAT IS THE SPECIAL USE --
1:50:40PM >>MIKE SUAREZ: I WANT TO MAKE SURE --
1:50:41PM [ LAUGHTER ]
1:50:42PM I WANT TO MAKE SURE WE GET IT ALL RIGHT ON THERE.
1:50:44PM I'LL ASK HER FROM NOW ON.
1:50:46PM [ LAUGHTER ]
1:50:46PM GO AHEAD, I'M SORRY.
1:50:49PM >>KRISTIN MORA: YES, THAT IS THEIR PERMIT THAT EACH OF THE
1:50:52PM LETTERS THAT THEY RECEIVED REFERRED BACK TO AND SAID, HERE'S
1:50:56PM YOUR -- THE SITE PLAN ITSELF IS THE ACTUAL PERMIT.
1:50:59PM >>MIKE SUAREZ: RIGHT.
1:50:59PM >>KRISTIN MORA: AND THE ORDINANCE THAT GOES WITH IT IS, YOU
1:51:02PM KNOW, GIVES THE REST OF THE APPROVAL, BUT, YES, EVERYTHING
1:51:05PM THAT THEY RECEIVED REFERRED BACK TO THAT DOCUMENT, AND THAT
1:51:08PM IS THE CONTROLLING DOCUMENT.
1:51:09PM >>MIKE SUAREZ: AND FOR ME, FOR AN ADMINISTRATIVE PART OF
1:51:11PM THIS, WHICH MEANS THAT SOMEONE HAS TO BE GETTING THE NOTICE,
1:51:14PM IF IT'S JUST THE BUILDING OWNER, IF IT'S JUST THE TENANT, IT
1:51:17PM USUALLY IS BOTH, IF I'M NOT MISTAKEN.
1:51:19PM >>KRISTIN MORA: YOU'RE CORRECT, YES.
1:51:21PM >>MIKE SUAREZ: AND SO IN THIS CASE, IT WOULD HAVE BEEN THREE
1:51:24PM ENTITIES SHOULD HAVE BEEN GETTING IT.
1:51:26PM >>KRISTIN MORA: CORRECT.
1:51:26PM >>MIKE SUAREZ: AND IT DOES NOT SOUND LIKE BASED ON THE
1:51:28PM TESTIMONY THAT WAS BROUGHT UP BEFORE THAT THE OTHER OWNER OF
1:51:32PM THE PATIO, I THINK MADE THE COMMENT THAT HE HAD NOT RECEIVED
1:51:35PM ANY NOTICE.
1:51:36PM NOW, I DON'T KNOW IF THAT'S TRUE.
1:51:38PM I JUST KNOW WHAT HE WAS PUTTING INTO THE RECORD.
1:51:39PM >>KRISTIN MORA: THAT IS WHAT HE STATED.
1:51:42PM HOWEVER, I HAVE THE GREEN CARDS THAT I WILL ENTER INTO THE
1:51:45PM RECORD.
1:51:45PM >>MIKE SUAREZ: OKAY.
1:51:46PM >>KRISTIN MORA: THE OWNER OF THE BUILDING, THE OWNER OF THE
1:51:49PM PATIO, AND THE OPERATOR, THE NOCTURNAL GROUP, ALL THREE OF
1:51:53PM THOSE RECEIVED THE JUNE 16, 2017 LETTER TELLING THEM THAT
1:52:00PM THEY WERE IN VIOLATION.
1:52:00PM ALL THREE OF THOSE RECEIVED THE NOVEMBER 16th, 2018 LETTER
1:52:04PM TELLING THEM THAT THEY WERE IN VIOLATION.
1:52:07PM >>MIKE SUAREZ: OKAY.
1:52:07PM >>KRISTIN MORA: AND MY UNDERSTANDING IS THE CLERK SENT THEM
1:52:10PM ALL A LETTER OF THE NOTICE TO BE HERE TODAY AS WELL.
1:52:12PM SO ALL THREE OF THOSE RECEIVED EVERY NOTIFICATION.
1:52:14PM >>MIKE SUAREZ: OKAY, GOOD.
1:52:16PM I WANT TO MAKE SURE WE'RE CLEAR ON ALL THAT, BECAUSE WE HAD
1:52:18PM A LOT OF TESTIMONY BEFOREHAND.
1:52:21PM THE LAST THING, ACCORDING TO THE SITE PLAN, THE ORIGINAL
1:52:23PM SITE PLAN AND THE APPROVAL THAT HAPPENED IN 2016, THE
1:52:28PM BARRIERS WERE ALL SUPPOSED TO BE THERE AS PART OF THE SITE
1:52:31PM PLAN, CORRECT?
1:52:32PM ON THE ORIGINAL SITE PLAN OR NOT.
1:52:34PM >>KRISTIN MORA: THAT IS A NOTE THAT IS ON THE PERMIT SITE
1:52:37PM PLAN, YES.
1:52:39PM >>MIKE SUAREZ: ON THE 2016 PERMIT SITE PLAN, NOT ON THE
1:52:41PM ORIGINAL?
1:52:42PM >>KRISTIN MORA: NO, IT WAS ON THE 2011.
1:52:44PM THAT IS THE ONLY PERMIT SITE PLAN IS THAT 2011 SITE PLAN.
1:52:47PM IT IS ON THAT SITE PLAN.
1:52:48PM >>MIKE SUAREZ: OKAY.
1:52:49PM ALL RIGHT.
1:52:49PM I JUST WANTED TO MAKE SURE THAT WAS ALREADY PART OF THE
1:52:52PM PROCESS.
1:52:52PM THANK YOU.
1:52:53PM APPRECIATE IT.
1:52:54PM >>CHARLIE MIRANDA: MR. CHAIRMAN, I JUST WANT TO SPEAK,
1:52:57PM TRYING TO SOLVE PROBLEMS -- NO, STAY RIGHT UP THERE, MA'AM.
1:53:01PM SOLVE PROBLEMS THAT WON'T REOCCUR AGAIN ON THE SAME MATTER.
1:53:06PM ACE SIT HERE AND I LISTEN TO 2016 AND THEN 2017 AND I
1:53:10PM REALIZE THAT TODAY IS 2019, AND I DON'T KNOW ABOUT THE OTHER
1:53:13PM COUNCIL MEMBERS, I NEVER HEARD OF THIS UNTIL NOW.
1:53:15PM [ NO ENCODER ]
1:53:43PM [ NO ENCODER ]
1:53:57PM [ NO ENCODER ]
1:53:57PM >>CHARLIE MIRANDA: WE WANT A CHAIN-LINK FENCE, VINYL FENCE,
1:54:01PM NO, WE WANT A CONCRETE FENCE.
1:54:03PM SO YOU SPECIFICALLY SPECIFY WHAT YOU WANT ON THE FENCE.
1:54:06PM AS I'M LOOKING AT THIS HERE, AND THAT'S WHY I ASKED THE
1:54:09PM QUESTION OF, AND WHAT TYPE OF STYROFOAM IS THAT?
1:54:13PM IS IT QUARTER INCH?
1:54:14PM IS IT 16th OF AN INCH YOU REQUIRE?
1:54:17PM IS IT AN INCH?
1:54:18PM TWO INCH OR THREE INCH?
1:54:20PM THEY CERTAINLY HAVE A MAGNITUDE OF DIFFERENCES WHEN YOU'RE
1:54:23PM TALKING ABOUT SOUND, BUT YET, FROM WHAT I'VE GATHERED FROM
1:54:26PM THE CITY'S PARTY, THERE IS NO REGULATION WITH THAT.
1:54:28PM AM I CORRECT OR FALSE?
1:54:30PM >>KRISTIN MORA: YOU ARE CORRECT.
1:54:31PM WHAT THE CONDITION STATES IS THERE WILL BE BOTH PANELS.
1:54:34PM >>CHARLIE MIRANDA: YOU THINK WE OUGHT TO FIX THESE THINGS UP
1:54:36PM IN THE FUTURE?
1:54:37PM >>KRISTIN MORA: UNFORTUNATELY, THAT IS WHAT WAS --
1:54:39PM >>CHARLIE MIRANDA: I'M TALKING ABOUT FUTURE.
1:54:41PM >>KRISTIN MORA: YES.
1:54:42PM WE TRY TO BE MORE CLEAR.
1:54:44PM >>CHARLIE MIRANDA: SO THEN I'M TELLING MYSELF, AS MR. SUAREZ
1:54:47PM SAID, COUNCILMAN SUAREZ SAYS, ONE OWNER, ONE LIQUOR LICENSE,
1:54:54PM DOES IT CUT DOWN THE MIDDLE OR DOES THE LIQUOR LICENSE COVER
1:54:57PM BOTH?
1:54:58PM IT'S VERY HARD TO UNDERSTAND WHY -- AND I'M NOT SAYING YOU
1:55:03PM DIDN'T SEND OUT A NOTICE AND I'M NOT SAYING THEY DIDN'T SIGN
1:55:06PM IT.
1:55:06PM WHAT I'M SAYING IS THREE YEARS LATER, FROM THE FIRST
1:55:09PM INCIDENT TO NOW, THAT'S THREE YEARS, AND NOBODY HAS HEARD
1:55:14PM ANYTHING ABOUT IT.
1:55:15PM SO NOW WE HAVE A CASE AGAINST SOMETHING THAT COULD HAVE BEEN
1:55:19PM RESOLVED, IF IT WAS HANDLED JUST LIKE WE HANDLED THE ALCOHOL
1:55:23PM ZONING ON THE 5149, WHICH IS PART OF THAT PROCESS THAT WE GO
1:55:28PM THROUGH ON A YEARLY BASIS.
1:55:30PM IF THOSE THINGS ARE IN PLACE, I THINK THAT NEITHER ONE OF
1:55:34PM THE TWO OWNERS WOULD HAVE BEEN HERE, THE PROPRIETOR WOULDN'T
1:55:36PM HAVE BEEN HERE AND ALL THE ATTORNEYS WOULDN'T BE HERE.
1:55:39PM I'M JUST SAYING THAT WE HAVE TO ADHERE TO THE CHANGING OF
1:55:42PM TIMES TO MAKE SURE THAT THE RULES ARE IN PLACE SO THESE
1:55:45PM THINGS DO NOT HAPPEN AGAIN.
1:55:47PM AS I LOOK AT, AND I TELL MYSELF, HOW DID THIS HAPPEN?
1:55:51PM I HAVE NO ANSWER.
1:55:55PM >>KRISTIN MORA: IF I MAY, COUNCIL, I THINK YOU'RE GOING TO
1:55:57PM HEAR SOME MORE TESTIMONY ABOUT WHAT HAPPENED IN THAT TIME
1:55:59PM PERIOD BETWEEN THAT INITIAL 2017 NOTICE OF VIOLATION AND
1:56:02PM TODAY.
1:56:04PM >>CHARLIE MIRANDA: THAT'S FINE, BUT I STILL DON'T KNOW HOW
1:56:07PM COME WE WEREN'T ADVISED SO THAT THIS HEARING TODAY WOULD
1:56:10PM HAVE BEEN NEVER HEARD, WE WOULD HAVE SOLVED THE PROBLEM
1:56:14PM SOMEWHERE ALONG THE LINE BY CALLING, YOU EITHER PAY A FINE
1:56:17PM OR SUSPEND IT OR WE PASS ON YOU.
1:56:20PM BUT SOMETHING HAD TO BE DONE.
1:56:22PM AS THE PROCESS GOES IN LAND ZONING, AND I'M NOT CREATING
1:56:25PM LAND ZONING AND ALCOHOL ZONING, THERE IS A PROCESS IN PLACE
1:56:27PM WHERE THOSE INDIVIDUALS THAT ARE GIVING A SIGH -- THAT ARE
1:56:31PM GIVEN A CITATION HAVE A RIGHT TO MAKE AMENS AND FIX IT.
1:56:35PM IN THIS CASE, THREE YEARS, WE DON'T KNOW ABOUT IT.
1:56:39PM I DIDN'T SAY WE COULD FIX IT.
1:56:40PM I SAID AT LEAST WE DON'T KNOW ABOUT IT, POSSIBLY WE COULD
1:56:43PM HAVE COME TO AN AGREEMENT AND FIXED IT THREE YEARS AGO.
1:56:45PM BUT HERE WE ARE TODAY.
1:56:46PM I'M NOT BLAMING YOU.
1:56:47PM PLEASE DON'T TAKE IT THAT WAY.
1:56:50PM >>KRISTIN MORA: I UNDERSTAND.
1:56:51PM >>CHARLIE MIRANDA: I DON'T DO THAT.
1:56:53PM I'M SAYING THE SYSTEM, INCLUDING US, SHOULD HAVE BEEN
1:56:55PM NOTIFIED OF WHAT WAS GOING ON.
1:56:57PM THANK YOU, MR. CHAIRMAN.
1:56:59PM >>KRISTIN MORA: THANK YOU.
1:57:00PM AND IF I COULD COMMENT ON THAT.
1:57:01PM >>FRANK REDDICK: LET ME REMIND YOU, YOUR TIME IS UP.
1:57:04PM >> I'M SORRY.
1:57:07PM >>FRANK REDDICK: UNLESS SOMEONE IS ASKING YOU A QUESTION,
1:57:09PM YOUR TIME IS UP.
1:57:11PM >>CHARLIE MIRANDA: LET ME ASK A QUESTION, IF I MAY.
1:57:13PM WHEN THIS PROCESS STARTED IN '16, DID THEY GIVE YOU A DROP
1:57:18PM DATE TO FIX EVERYTHING?
1:57:19PM >> WELL, THE LETTER THAT CAME FROM THE CITY WAS JUNE OF
1:57:24PM 2017, AND THAT LETTER LOOKED BASICALLY THE SAME AS THE
1:57:28PM NOVEMBER 2018 LETTER.
1:57:30PM I WASN'T REPRESENTING FRANKLIN MANOR AT THAT TIME, BUT THE
1:57:34PM WAY THE LETTER READS, IT TALKS ABOUT THE EXACT SAME TWO
1:57:37PM ISSUES THAT WE'RE HERE SAYING, YOU KNOW WHAT?
1:57:40PM LET'S MOVE FORWARD TOGETHER.
1:57:41PM SO IT TALKS ABOUT THE SAME ISSUE AND IT SAYS REMEDY THEM OR
1:57:46PM WE WILL BRING YOU TO A HEARING.
1:57:49PM BASICALLY THE SAME THING THAT HAPPENED IN NOVEMBER.
1:57:50PM THAT'S WHY I SAY I THINK WE ALL HAVE TO UNDERSTAND THERE MAY
1:57:53PM HAVE BEEN SOME CONFUSION BETWEEN THE PARTIES THAT WERE
1:57:56PM INVOLVED BECAUSE I CAN'T EXPLAIN OTHERWISE WHY THERE WAS NO
1:57:59PM HEARING.
1:58:00PM FRANKLIN MANOR, THEY WERE KIND OF PUSHING BACK OR GOING, NO,
1:58:05PM THIS IS -- WE'RE OPERATING CORRECTLY.
1:58:06PM YOU APPROVED US, AND THEN NOTHING HAPPENED.
1:58:08PM NOW, UPON REVISITING WHETHER THERE WERE ISSUES, AND LEARNING
1:58:12PM THAT THE CITY DID, IN FACT, VIEW THIS AS AN OPEN ISSUE, WE
1:58:17PM WERE TALKING TOGETHER, EVEN BEFORE THAT NOVEMBER LETTER CAME
1:58:20PM OUT, WE WERE SORT OF LOOKING TO CITY LEGAL TO SAY, YES, THIS
1:58:24PM IS OUR OPINION OF HOW THIS NOTE IS INTENDED TO BE
1:58:29PM INTERPRETED OR NOT.
1:58:30PM SO WE WERE WORKING TOGETHER ON THAT AND KNEW THE LETTER WAS
1:58:34PM COMING ONCE THEY STATED THEIR POSITION.
1:58:36PM BUT IT WASN'T UNKNOWN.
1:58:37PM I KNOW I MENTIONED THAT ERIC KOENIG IS HERE FROM THE
1:58:40PM LITIGATION AND CAN SPEAK TO THIS.
1:58:42PM ONE EXAMPLE IS THAT THERE WAS TESTIMONY DURING ONE OF THOSE
1:58:45PM HEARINGS THAT LaCHONE DOCK GAVE WHERE SHE WAS ASKED IN
1:58:49PM NOVEMBER, ARE THEY IN VIOLATION?
1:58:50PM ARE THEY IN VIOLATION OR NOT?
1:58:51PM AND HER ANSWER WAS, I DON'T KNOW.
1:58:54PM AND SO THERE WAS -- I BELIEVE THERE WAS A GENUINE QUESTION,
1:59:00PM EVEN ON THE CITY'S SIDE AS TO WHAT NEEDED TO HAPPEN HERE.
1:59:04PM THAT'S HARD TO EXPLAIN --
1:59:08PM >>CHARLIE MIRANDA: DROP DEAD WHERE YOU COULDN'T SERVE ANY
1:59:12PM MORE.
1:59:13PM >> NO, I DON'T THINK THE LETTER CONTAINS THAT INFORMATION.
1:59:16PM >>CHARLIE MIRANDA: I HEARD OF THE LETTERS.
1:59:17PM >> YEAH, I THINK THE LETTER -- AND I CAN PULL THAT.
1:59:23PM IT SAYS, THEREFORE, PURSUANT TO CITY CODE, SO IT LISTS THE
1:59:27PM TWO -- THE SAME TWO ISSUES THAT WE'RE HERE TELLING YOU
1:59:31PM TODAY, WE'RE CLOSE.
1:59:33PM WE'RE CLOSE TO WORKING THROUGH THOSE.
1:59:36PM IT SAYS, IT NAMES THE SAME TWO ISSUES.
1:59:39PM THEREFORE, PURSUANT TO CITY CODE SECTION 27-318, THE
1:59:42PM ASSOCIATED ALCOHOL BEVERAGE APPROVAL MAY BE SUBJECT TO
1:59:45PM REVOCATION OR SUSPENSION.
1:59:46PM PLEASE BRING THIS OPERATION INTO COMPLIANCE WITH THE
1:59:49PM CONDITIONS OF THE APPROVAL OR CONTACT OUR OFFICE TO CLARIFY
1:59:53PM THE NATURE OF THE OPERATION WITHIN TEN BUSINESS DAYS FROM
1:59:55PM THE DATE OF THIS LETTER.
1:59:56PM AND SO I CAN'T SAY -- I WASN'T INVOLVED.
1:59:59PM BUT I UNDERSTAND THAT THEIR BELIEF WAS THAT THEY WERE
2:00:03PM OPERATING IN THE SAME WAY THEY ALWAYS HAD AND THEN NOTHING
2:00:06PM HAPPENED.
2:00:07PM AND SO FROM OUR PERSPECTIVE, IT'S KIND OF LIKE, WELL, IF
2:00:10PM THERE WAS A FUNDAMENTAL DISAGREEMENT, I DON'T KNOW WHY THE
2:00:13PM HEARING DIDN'T HAPPEN THEN.
2:00:14PM BUT HERE WE ARE.
2:00:15PM YOU KNOW, I DON'T WANT TO -- IT'S CONFUSING, BUT I'M TRYING
2:00:19PM NOT TO FOCUS TOO MUCH ON IT.
2:00:21PM THE POINT IS THAT WE GOT TOGETHER IN NOVEMBER/DECEMBER, AND
2:00:25PM THE CITY, YOU KNOW, RELOOKED AT THE ISSUE AND TOLD US THEY
2:00:29PM WERE GOING TO MOVE FORWARD.
2:00:31PM AND SO WE ASSESSED OUR OPTIONS AND DECIDED THAT THIS KIND OF
2:00:35PM LINED UP WITH FRANKLIN MANOR WANTING TO DO A LITTLE BIT OF
2:00:38PM REBRANDING ANYWAY, AND FELT LIKE THIS WAS THE RIGHT WAY TO
2:00:42PM HANDLE THIS SITUATION, AND THEY'VE WORKED VERY QUICKLY AND
2:00:45PM SPENT ABOUT $60,000 TO CHANGE THEIR OUTDOOR PATIO
2:00:49PM CONFIGURATION, TAKE DOWN THE STAGE, HAVE CUSTOM-MADE
2:00:53PM FURNITURE PUT IN AND REMOVE ALL -- I SHOWED YOU THE SPEAKERS
2:00:58PM THAT ARE IN STORAGE.
2:01:01PM >>CHARLIE MIRANDA: THANK YOU.
2:01:02PM I THINK, THE CHAIRMAN IS LOOKING AT ME LIKE I SHOULD HAVE
2:01:05PM NEVER ASKED HER THE QUESTION.
2:01:08PM >> WHETHER THEY WERE GIVEN A DROP-DEAD DATE, THE LETTER READ
2:01:11PM THAT THEY WERE TO CONTACT THE OFFICE WITHIN TEN DAYS TO
2:01:15PM DISCUSS THE ISSUE.
2:01:19PM I WASN'T THERE, BUT AGAIN, NO HEARING EVER HAPPENED.
2:01:22PM AND THEIR POSITION WAS THEY WERE OPERATING APPROPRIATELY.
2:01:27PM I CAN'T EXPLAIN WHY NOTHING OCCURRED.
2:01:29PM I DON'T KNOW WHAT WAS GOING ON BETWEEN THE PARTIES, BUT
2:01:32PM NORMALLY I THINK YOU WOULD HAVE THE LETTER, AND THEN IF
2:01:35PM THERE WAS A FUNDAMENTAL DISAGREEMENT, YOU WOULD BE HERE AT
2:01:37PM THE HEARING WORKING THAT OUT.
2:01:39PM >>CHARLIE MIRANDA: BUT THERE WAS NO HEARING.
2:01:41PM THEY NEVER ASKED YOU TO COME IN FOR A SIT-DOWN HEARING,
2:01:44PM KNOCK OUT, DRAG OUT.
2:01:46PM >> NO, THERE WAS NO HEARING.
2:01:47PM THIS IS THE FIRST TIME WE'VE BEEN AT A HEARING.
2:01:49PM >>YVONNE CAPIN: THIS IS THE HEARING.
2:01:51PM >> THIS IS THE HEARING.
2:01:52PM THIS IS THE FIRST TIME THAT WE'VE BEEN BROUGHT FORWARD.
2:01:54PM >>YVONNE CAPIN: I'M GLAD YOU BROUGHT UP THE BARRIER.
2:01:59PM ONE OF THE THINGS MENTIONED, IN '11, THEY WERE SUPPOSED TO
2:02:03PM HAVE A BARRIER.
2:02:05PM WAS IT SPECIFIC THE KIND OF BARRIER?
2:02:07PM >> IT READS, UPON CONSTRUCTION OF THE OUTSIDE TERRACE, THE
2:02:10PM SURROUNDING PERIMETER WILL BE LINED WITH DECORATIVE FOAM
2:02:13PM PANELS TO TRAP EXCESS REVERBERATION.
2:02:17PM >>YVONNE CAPIN: AND THAT WAS NOT DONE.
2:02:19PM >> WELL, THE PANELS WERE UP.
2:02:21PM I PROVIDED PHOTOS THAT ARE FROM THIS WEEK.
2:02:25PM WHAT WE WERE TOLD IS THERE WERE --
2:02:28PM >>YVONNE CAPIN: STOP RIGHT THERE, I SAW THE PHOTOS.
2:02:30PM AND I CAN UNDERSTAND, WHEN IT WAS NOT SPECIFIC THAT YOU HAD
2:02:34PM TO HAVE PANELS THIS SIZE, THIS MUCH MEETING, THAT IS
2:02:40PM CONFUSING.
2:02:41PM AND THEN WHEN THEY POINT OUT THAT THERE ARE OPENINGS, LIKE
2:02:46PM YOU SAID, I SAW THAT.
2:02:47PM AND THEY WERE MAYBE LIKE TWO INCH OR SO APART.
2:02:50PM >> YEAH.
2:02:51PM >>YVONNE CAPIN: I UNDERSTAND THAT, BECAUSE WE WERE NOT
2:02:53PM SPECIFIC ABOUT HOW THAT HAD TO GO UP.
2:02:55PM >> AND I REALLY DON'T THINK YOU WOULD SEE A NOTE LIKE THAT.
2:02:58PM >>YVONNE CAPIN: IT'S REALLY IMPORTANT.
2:02:59PM READ ME THE TWO VIOLATIONS ON THE LETTER, PLEASE.
2:03:02PM >> SURE.
2:03:02PM SO IT SAYS, THE FENCING SURROUNDING THE PERIMETER AREA MUST
2:03:17PM BE LINED WITH DECORATIVE FOAM PANELS TO TRAP EXCESS
2:03:22PM REVERBERATIONS.
2:03:23PM THE REQUIRED FOAM PANELING MUST COVER THE ENTIRE FENCING
2:03:26PM AREA BETWEEN THE FENCE POST, AND THEN THE OTHER ITEM SAYS
2:03:30PM SELF-CONTAINED INDIVIDUAL CONTROLS WILL BE LOCATED WITHIN
2:03:33PM THE CABANAS SO THAT MUSIC LEVELS CAN BE SUSTAINED AT AN
2:03:36PM APPROPRIATE LEVEL.
2:03:38PM OUTSIDE SPEAKERS ARE NOT ALLOWED, SPEAKERS ARE CURRENTLY
2:03:41PM LOCATED ON THE STAGE AND OUTSIDE OF THE BUILDING.
2:03:43PM THE SPEAKERS ON THE BUILDING ARE ONLY ALLOWED IF THEY ARE
2:03:46PM INDIVIDUALLY CONTROLLED BY THE TABLES UNDERNEATH EACH
2:03:48PM SPEAKER.
2:03:49PM >>YVONNE CAPIN: OKAY.
2:03:50PM SO THE PANELING, WHAT I WANT TO KNOW, IT'S SAYING YOU'RE IN
2:03:56PM VIOLATION OF THE PANELING BECAUSE IT HAD TO COVER IT
2:03:59PM ENTIRELY.
2:03:59PM WHAT I WANT TO KNOW, IS THAT HOW IT WAS DIRECTED FROM THE
2:04:03PM BEGINNING?
2:04:04PM IS THAT THE DIRECTION THAT WAS THERE WHEN THEY GOT THE
2:04:07PM PERMIT?
2:04:09PM HOW WAS IT DESCRIBED THAT THEY WERE SUPPOSED TO PUT UP THE
2:04:11PM PANELING?
2:04:11PM >> SO ALL WE HAD WAS THE NOTE, BUT MY UNDERSTANDING FROM
2:04:16PM TRYING TO GET ALL OF THE BACKGROUND OF WHAT TRANSPIRED
2:04:20PM BETWEEN 2017 AND NOW WAS THAT THEY HAD COMMUNICATED TO THE
2:04:23PM CITY WHAT THEY WERE DOING.
2:04:24PM IT LOOKED VERY SIMILAR TO WHAT I SHOWED YOU PHOTOS OF IS MY
2:04:27PM UNDERSTANDING.
2:04:28PM WHEN WE WERE REVISITING THIS ISSUE AROUND NOVEMBER, THE CITY
2:04:33PM POINTED OUT THAT THERE WERE SOME SECTIONS THAT WERE NOT
2:04:36PM COVERED.
2:04:37PM AND SO WE IMMEDIATELY TOOK CARE OF THAT.
2:04:39PM I WAS SAYING TODAY THAT CATHY MENTIONED THE SMALL GAPS, AND
2:04:43PM SO WE DIDN'T REALLY KNOW THAT THAT WAS A FOCUS OF WHAT WE'RE
2:04:47PM TALKING ABOUT.
2:04:48PM WE'RE HAPPY TO WORK WITH THE CITY AND MAKE SURE THAT WE'RE
2:04:51PM ALL ON THE SAME PAGE ABOUT IT.
2:04:52PM AND WHAT I WANTED TO SAY, TOO, IS WE'RE TOTALLY WILLING TO
2:04:57PM SAY LET'S COME BACK IN 30 DAYS, LET CATHY COME OUT TO US
2:05:01PM WITH TO THE SITE AND MAKE SURE EVERY ASPECT IS COMPLETELY
2:05:06PM RESOLVED.
2:05:08PM I THINK WE'RE ABOUT 90% THERE.
2:05:09PM >>YVONNE CAPIN: I UNDERSTAND.
2:05:10PM NOW, HERE IS THE OTHER THING ABOUT THE AMPLIFICATION.
2:05:16PM WHAT I WANT TO KNOW FROM MY STAFF, WE HAVE CERTAIN
2:05:19PM PARAMETERS TODAY ON AMPLIFIED MUSIC.
2:05:21PM DO THEY SUPERSEDE ANYTHING WE SAID THAT THEY WERE PERMITTED
2:05:25PM IN '11 ABOUT THE AMPLIFIED SOUND?
2:05:34PM >>KRISTIN MORA: KRISTIN MORA, LEGAL DEPARTMENT.
2:05:36PM WE HAVE THE NOISE ORDINANCE, AND THE NOISE ORDINANCE WOULD
2:05:40PM APPLY REGARDLESS OF THE REGULATIONS THAT THEY HAD.
2:05:43PM SO THE NOISE ORDINANCE IS THE NOISE ORDINANCE.
2:05:46PM THEY HAVE TO COMPLY WITH THAT.
2:05:48PM IN ADDITION TO THAT, THEY HAVE CONDITIONS ON THEIR SITE PLAN
2:05:54PM PERMIT FOR THE ALCOHOLIC BEVERAGE.
2:05:57PM THEY MUST COMPLY WITH THAT AS WELL.
2:06:00PM >>YVONNE CAPIN: WHAT ARE THE CONDITIONS?
2:06:01PM >>KRISTIN MORA: THE TWO AT ISSUE TODAY, THE REQUIREMENT FOR
2:06:04PM FOAM PANELS AND ALSO THE SPEAKERS ARE SUPPOSED TO BE IN
2:06:09PM CABANAS WITH INDIVIDUAL CONTROLS ON THEM.
2:06:12PM >>YVONNE CAPIN: ALL RIGHT.
2:06:14PM THANK YOU.
2:06:14PM IS THAT WHERE THEY ARE AT TODAY?
2:06:23PM >> I WOULD DESCRIBE US AS BEING IN TRANSITION, BUT VERY
2:06:25PM CLOSE TO COMPLETE WITH THIS TRANSITION OVER TO WHAT THE CITY
2:06:29PM HAS TOLD US THEY BELIEVE IS NECESSARY.
2:06:31PM WE HAVE ALL OF THE CABANA FURNITURE IS UP.
2:06:34PM STAGE TAKEN DOWN.
2:06:39PM THE BIG AMPLIFIED SPEAKERS, THEY ARE ALL GONE.
2:06:42PM WE'RE EXPECTING THE NEXT STEP WILL BE TO INSTALL THE
2:06:45PM SPEAKERS THAT GO IN THE CABANAS THAT WE'RE HOPING TO HAVE
2:06:50PM THE CITY COME ON-SITE WITH US AND MAKE SURE WE'RE, AGAIN,
2:06:54PM ALL ON THE SAME PAGE ABOUT HOW THOSE FUNCTION.
2:06:57PM LIKE I SAID, IT'S KIND OF A STRANGE NOTE, AND I DON'T THINK
2:07:01PM WE WOULD SEE THAT NOTE --
2:07:03PM >>YVONNE CAPIN: YOU ARE WELL AWARE ABOUT HOW I FEEL ABOUT
2:07:06PM AMPLIFIED MUSIC OUTSIDE.
2:07:08PM WE HAVE PEOPLE COMPLAINING ABOUT OUR CURTIS HIXON PARK
2:07:11PM EVENTS.
2:07:12PM AND THE NOISE THAT THAT -- AND WE HAVEN'T CITED ANYBODY ON
2:07:17PM THAT.
2:07:17PM BUT THAT'S BESIDES THE POINT.
2:07:19PM I JUST WANT TO BRING THAT UP, BECAUSE YOU LIVE IN THE CITY.
2:07:23PM NOW, I DON'T -- AMPLIFIED MUSIC IS JUST WAY OVER THE TOP,
2:07:30PM BUT I WILL POINT THAT OUT, BECAUSE THAT HAS OCCURRED TO ME.
2:07:34PM I'VE HAD CALLS.
2:07:36PM I'VE HAD PEOPLE COME IN ABOUT THE NOISE.
2:07:38PM THE NOISE OF THE TRAIN, ON THE TRACKS, THE NOISE OF THE
2:07:44PM PARK.
2:07:47PM >> THERE WERE CHANGES TO THE NOISE ORDINANCE OVER THE PERIOD
2:07:51PM OF TIME FRANKLIN MANOR HAS BEEN OPERATING.
2:07:53PM IT'S NOT WHAT WE'RE TALKING ABOUT TODAY.
2:07:57PM >>YVONNE CAPIN: WHY IS IT HERE TODAY?
2:07:58PM WHY DIDN'T THIS COME FORWARD SOONER?
2:08:01PM I WANT TO ASK STAFF THAT.
2:08:05PM >> I CAN'T ANSWER THAT QUESTION.
2:08:06PM >>YVONNE CAPIN: WHY -- COUNCILMAN MIRANDA ALLUDED TO, WHICH
2:08:11PM WAS WHY IS THIS AT THIS POINT?
2:08:17PM >> COUNCIL, I'M HAPPY TO ADDRESS THAT IF YOU WOULD LIKE.
2:08:19PM I THOUGHT YOU MIGHT WANT TO TAKE PUBLIC COMMENT FIRST.
2:08:22PM IT'S UP TO YOU.
2:08:24PM I CAN ADDRESS THAT OR YOU CAN TAKE PUBLIC COMMENT.
2:08:26PM >>YVONNE CAPIN: ADDRESS THAT AND I'LL BE QUIET FOR A LITTLE.
2:08:29PM I DON'T KNOW HOW LONG.
2:08:30PM >>FRANK REDDICK: ADDRESS THAT AND THEN WE'RE GOING TO PUBLIC
2:08:32PM COMMENT.
2:08:33PM >> OKAY, AT THIS POINT, I'M GOING TO CALL AS A WITNESS IN
2:08:35PM THIS PROCEEDING MR. STEVE MICHELINI.
2:08:37PM PLEASE STATE YOUR NAME AND WHETHER YOU'VE BEEN SWORN FOR THE
2:08:44PM RECORD.
2:08:45PM >>STEVE MICHELINI: I'VE BEEN SWORN.
2:08:46PM STEVE MICHELINI, 2407 SUNSET DRIVE.
2:08:48PM I WAS THE ONE WHO OBTAINED THE ORIGINAL APPROVALS FOR
2:08:52PM FRANKLIN MANOR, AND IMMEDIATELY FOLLOWING THE NOTICE LETTER
2:09:00PM THAT WENT OUT IN JUNE, I WAS ENGAGED BY FRANKLIN MANOR AND
2:09:04PM THE LANDLORD TO RESOLVE THE MATTER.
2:09:06PM THEY WERE WELL AWARE OF WHAT HAD TO BE DONE.
2:09:10PM I STARTED MEETING WITH THE CITY STAFF WITHIN A DAY OR SO,
2:09:14PM WITH LaCHONE DOCK, AND WITH CATHY COYLE, AND WITH GLORIA
2:09:18PM MOREDA, TO TRY TO RESOLVE THE MATTER.
2:09:21PM AND THOSE DISCUSSIONS WENT ON FOR SEVEN MONTHS.
2:09:25PM AND THE WHOLE TIME DURING THAT SEVEN MONTHS FROM JUNE UNTIL
2:09:28PM JANUARY OF 2018, I WAS ENGAGED TO TRY TO RESOLVE THAT, AND I
2:09:35PM WENT BACK.
2:09:36PM THE PANELS THAT YOU'RE TALKING ABOUT WERE TO BE ENGINEERED
2:09:39PM BY A SOUND ENGINEER.
2:09:41PM THEY ALLOWED -- CATHY COYLE CAME OUT TO THE SITE, AND SHE
2:09:47PM ALLOWED PANELS THAT WERE TEMPORARY IN PLACEMENTS TO BE PUT
2:09:49PM ON THE FENCE.
2:09:50PM AND THEN SHE CAME BACK OUT AND SAID, WELL, IT'S NOT ENOUGH
2:09:54PM BUT I'LL LET YOU GO ON AS A TEMPORARY MEASURE AS LONG AS YOU
2:09:58PM COMMIT TO RESOLVING THAT PROBLEM.
2:09:59PM FRANKLIN MANOR OWNERS WERE THERE AT THOSE MEETINGS.
2:10:03PM THEY WERE THERE WITH ME IN THE FIELD ALONG WITH THE
2:10:07PM ARCHITECT.
2:10:08PM SO TO SAY THAT THEY DIDN'T KNOW SIMPLY DIDN'T HAPPEN.
2:10:12PM THEY KNEW FROM JUNE ALL THE WAY THROUGH JANUARY OF 2017.
2:10:15PM 2018.
2:10:17PM I'M SORRY.
2:10:17PM THERE ARE NUMEROUS E-MAILS FROM ME TO THE TENANTS BEGGING
2:10:23PM THEM TO COMPLY, BEGGING THEM TO GIVE ME PLANS TO MEET WITH
2:10:29PM THE SURVEYOR, TO MEET WITH THE SOUND ENGINEER, TO COME UP
2:10:32PM WITH A PLAN FOR MITIGATION.
2:10:33PM IT NEVER HAPPENED.
2:10:35PM AND IN JANUARY OF 2018, THEY SENT ME A LETTER SAYING WE
2:10:38PM DON'T NEED YOU ANYMORE.
2:10:40PM WE'RE GOING TO HIRE OUR OWN ATTORNEY.
2:10:42PM I CAN SHARE THOSE E-MAILS WITH YOU IF YOU WISH, BUT AS LATE
2:10:47PM AS MARCH OF 2018, I IMPLORED THEM TO GET WITH THE PROGRAM
2:10:52PM AND GET THESE MEASURES CORRECTED AND TO ADDRESS THEM.
2:10:58PM THERE WAS NO SUCH THING AS WE DIDN'T KNOW.
2:11:00PM THEY KNEW.
2:11:01PM THEY KNEW PERSONALLY BECAUSE I TALKED TO THEM.
2:11:05PM THEY KNEW PERSONALLY BECAUSE I E-MAILED THEM, AND THEY SAID,
2:11:08PM AND THEN THEY EVEN E-MAILED THE LANDLORD AND TOLD HIM, STEVE
2:11:12PM MICHELINI IS HANDLING THIS.
2:11:14PM THAT WAS IN JUNE OF 2017.
2:11:16PM SO, I'VE ALSO BEEN SUBPOENAED AS A WITNESS IN THE COURT CASE
2:11:23PM INVOLVING THEM, AND WHERE I GAVE EXACTLY THAT SAME
2:11:27PM TESTIMONY, AND I'D BE HAPPY TO GIVE IT AGAIN AND AGAIN.
2:11:30PM THAT IS WHAT HAPPENED.
2:11:31PM THEY WERE TO HIRE A SOUND ENGINEER TO DETERMINE WHAT THE
2:11:37PM SIZE OF THOSE PANELS WERE AND HOW TO MITIGATE THE SOUND.
2:11:40PM THEY NEVER DID IT.
2:11:41PM THE ARCHITECT TOLD THEM TO DO IT, THEY DIDN'T DO THAT
2:11:46PM EITHER.
2:11:46PM SO I'D BE HAPPY TO ANSWER ANY QUESTIONS.
2:11:49PM AS I SAID, I BEGGED THEM MONTH AFTER MONTH, WEEK AFTER WEEK,
2:11:55PM TO COME INTO COMPLIANCE.
2:11:58PM >>KRISTIN MORA: MR. MICHELINI, I'M SHOWING YOU A STACK OF
2:12:00PM E-MAILS, IF YOU COULD BRIEFLY TAKE A LOOK AT THOSE AND LET
2:12:02PM ME KNOW IF THOSE ARE THE E-MAILS THAT YOU HAD BACK AND FORTH
2:12:05PM WITH THE OPERATORS OF FRANKLIN MANOR.
2:12:08PM >>STEVE MICHELINI: THESE ARE.
2:12:09PM SOME OF THEM -- SOME OF THE RESPONSES TO MY E-MAILS ASKING
2:12:14PM THEM TO COMPLY ARE FILLED WITH EXPLETIVES ABOUT, WE'RE NOT
2:12:18PM GOING TO DO THIS, WE'RE NOT GOING TO DO THAT, AND IT WASN'T
2:12:23PM FOR LACK OF EFFORT.
2:12:25PM YOU KNOW THAT WHEN I APPEAR IN FRONT OF CITY COUNCIL, YOU
2:12:27PM TAKE ME AT MY WORD.
2:12:28PM I AM A SWORN ADVOCATE FOR VARIOUS PROJECTS, AND I DON'T TAKE
2:12:33PM THAT LIGHTLY.
2:12:33PM AND SO WHEN I COME BACK TO YOU AND I SAY I TRIED --
2:12:39PM [ NO ENCODER ]
2:13:07PM [ NO ENCODER ]
2:13:24PM [ NO ENCODER ]
2:13:26PM >> -- I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.
2:13:29PM >>CHARLIE MIRANDA: IF I MAY, I ASKED A QUESTION EARLIER
2:13:31PM ABOUT FENCING AND STYROFOAM, 25, 30 MINUTES AGO, AND YOUR
2:13:36PM COUNSELOR AGREED THAT IT WAS JUST NOT AN 8th OF AN INCH, A
2:13:40PM 16th OF AN INCH OR THREE INCHES OR FOUR INCHES DEEP, DEPTH
2:13:44PM AND WHATNOT.
2:13:45PM NOW YOU COME, MR. MICHELINI, AND POSSIBLY CORRECT, SAY, THEY
2:13:49PM WERE TOLD TO HIRE A SOUND ENGINEER.
2:13:52PM >>STEVE MICHELINI: THEY WERE.
2:13:53PM >>CHARLIE MIRANDA: BUT I DON'T REMEMBER SEEING ANYTHING LIKE
2:13:56PM THAT.
2:13:58PM >>STEVE MICHELINI: THE PANELS THAT WERE PUT UP --
2:14:03PM >>CHARLIE MIRANDA: THE COUNSELOR FOR THE CITY TELLS US THAT
2:14:03PM I WAS CORRECT IN SAYING THAT WE NEVER TOLD THEM WHAT KIND OF
2:14:06PM PANELS TO PUT UP.
2:14:07PM YOU CAN REWIND THE TAPE.
2:14:10PM I'M NOT BLAMING YOU.
2:14:11PM YOU DIDN'T KNOW, NEITHER DID I, NEITHER DID THE REST OF US.
2:14:13PM NOW WE HAVE CONFLICTING INTERESTS ON THE SOUND BARRIERS.
2:14:18PM >> I MAY BE ABLE TO CLARIFY, IF I COULD, BRIEFLY.
2:14:21PM WITH RESPECT TO THE FOAM PANELS, THEIR ALCOHOLIC BEVERAGE
2:14:25PM PERMIT STATES THAT THEY HAVE TO HAVE FOAM PANELS.
2:14:27PM IT IS NOT SPECIFIC ABOUT THE DEPTH OF THOSE, THE COLOR, WHAT
2:14:30PM THEY HAVE TO LOOK LIKE, NOTHING LIKE THAT.
2:14:32PM >>CHARLIE MIRANDA: LET ME ASK YOU, SHOULD IT BE?
2:14:34PM >>KRISTIN MORA: I WISH IT DID.
2:14:36PM YES, I WISH IT DID.
2:14:38PM BUT THEY HAVE SORT OF TWO ISSUES GOING ON THAT I THINK
2:14:40PM MR. MICHELINI WAS INVOLVED IN.
2:14:42PM YOU KNOW, ONE IS THAT THEY HAVE TO COME INTO COMPLIANCE WITH
2:14:44PM THE SITE PLAN.
2:14:45PM NUMBER TWO IS THAT THEY HAVE TO COME INTO COMPLIANCE WITH
2:14:47PM THE NOISE ORDINANCE.
2:14:48PM SO THE PURPOSE OF THE SOUND ENGINEER, I THINK THAT WAS TO
2:14:50PM ADDRESS THEIR NOISE ORDINANCE VIOLATIONS.
2:14:55PM >>STEVE MICHELINI: AND THE PANELS.
2:14:56PM WHEN I MET WITH STAFF, AND THE CITY ATTORNEY WAS NOT
2:15:00PM INVOLVED IN THOSE MEETINGS, WHEN I MET WITH LaCHONE AND
2:15:02PM WHEN I MET WITH CATHY COYLE, THEY'VE ALSO BROUGHT ONE OF THE
2:15:07PM BUILDING INSPECTORS -- ONE OF THE REVIEWERS INTO THAT
2:15:10PM MEETING AND SAID, OKAY, HOW DO WE DEAL WITH THIS?
2:15:13PM BECAUSE THE NOTES WERE -- WERE NOT THAT SPECIFIC.
2:15:17PM AND I WAS LOOKING FOR SOLUTIONS FOR FRANKLIN MANOR.
2:15:20PM AND THEY SAID, YOU NEED TO BRING IN A SOUND ENGINEER AND YOU
2:15:23PM TELL US HOW YOU'RE GOING TO MITIGATE THE SOUNDS BASED UPON
2:15:26PM THE CONDITION THAT WAS ON THE SITE PLAN.
2:15:29PM >>YVONNE CAPIN: OKAY.
2:15:29PM I NEED TO ASK A QUESTION, I REALLY DO.
2:15:31PM MAY I?
2:15:33PM >>FRANK REDDICK: GO AHEAD.
2:15:33PM >>YVONNE CAPIN: YES.
2:15:34PM OKAY.
2:15:35PM THEY SAID YOU HAD TO.
2:15:39PM DID THEY WRITE IT DOWN THAT YOU HAD TO?
2:15:40PM ANOTHER THING IS, YOU THREW IN A COURT DATE THAT YOU WERE
2:15:44PM SUBPOENAED.
2:15:45PM NOW THERE IS A WHOLE OTHER --
2:15:47PM >>STEVE MICHELINI: THAT IS A DIFFERENT MATTER.
2:15:49PM >>YVONNE CAPIN: YES, EXACTLY.
2:15:50PM IT JUST SLIPPED RIGHT IN.
2:15:52PM >>STEVE MICHELINI: WELL, I AM -- I WAS REQUIRED TO TESTIFY
2:15:55PM IN FRONT OF THE COURTS, THE CIRCUIT COURT REGARDING A
2:16:00PM COMPLAINT.
2:16:01PM I'M NOT TALKING ABOUT THAT.
2:16:02PM I'M JUST SAYING, THE INFORMATION THAT THE CITY ATTORNEY'S
2:16:05PM OFFICE REQUESTED IS THE SAME INFORMATION THAT THE COURT
2:16:09PM REQUESTED.
2:16:13PM >>YVONNE CAPIN:
2:16:13PM [ LAUGHTER ]
2:16:14PM OKAY.
2:16:15PM THANK YOU, CHAIR.
2:16:19PM >>FRANK REDDICK: ANYONE IN THE PUBLIC WISHING TO SPEAK ON
2:16:21PM ITEM NUMBER 57, PLEASE COME FORWARD?
2:16:25PM >>JULIA MANDELL: BEFORE YOU GET INTO PUBLIC COMMENT, JULIA
2:16:28PM MANDELL REPRESENTING THE BUILDING OWNER, MR. ACCARDI.
2:16:30PM 912 FRANKLIN, LLC.
2:16:34PM I THINK IT WOULD BE APPROPRIATE TO ALLOW US TO HAVE SOME
2:16:37PM REBUTTAL ON THE TESTIMONY THAT JUST OCCURRED.
2:16:39PM BUT -- AND KEEPING IN MIND, WE'RE THE LANDLORD.
2:16:43PM AND SO A LOT OF THESE HAVE TO DO WITH THE TENANT RATHER THAN
2:16:46PM THE LANDLORD.
2:16:47PM THAT BEING SAID, THE LANDLORD BECOMING AWARE OF ALL THIS DID
2:16:51PM TELL THE FRANKLIN MANOR FOLKS THEY NEED TO COME INTO
2:16:54PM COMPLIANCE.
2:16:54PM THERE'S OBVIOUSLY CONFUSION.
2:16:55PM THEY ARE ALMOST THERE, HOPEFULLY THEY'LL GET THERE.
2:16:58PM IT WOULD SEEM TO ME THAT IT WILL BE APPROPRIATE TO
2:17:01PM POTENTIALLY GIVE THEM 30 MORE DAYS TO COME INTO COMPLIANCE.
2:17:04PM I'M HERE TO SAY IF THAT DOESN'T OCCUR, THE LANDLORD MAY ALSO
2:17:07PM HAVE REMEDIES UNDER THEIR LEASE.
2:17:08PM SO THERE'S A LITIGATION HAPPENING, THERE'S A LOT OF OTHER
2:17:12PM STUFF HAPPENING.
2:17:13PM I HAVE A SENSE THE TWO ARE GETTING CONFLATED.
2:17:15PM I THINK YOUR GOAL IS TO GET THIS BUSINESS IN COMPLIANCE, AS
2:17:18PM IT ALWAYS IS IN CODE ENFORCEMENT AND OTHER MATTERS.
2:17:23PM THAT BEING SAID, IF THERE IS AN OPPORTUNITY TO HAVE REBUTTAL
2:17:25PM AFTERWARDS ON THE COMMENTARY OF MR. MICHELINI, I WOULD LIKE
2:17:28PM TO TAKE THAT OPPORTUNITY.
2:17:30PM THANK YOU.
2:17:30PM >>FRANK REDDICK: ANYONE IN THE PUBLIC WISHING TO SPEAK ON
2:17:32PM ITEM NUMBER 57?
2:17:33PM COME FORWARD.
2:17:34PM HAVE YOU BEEN SWORN?
2:17:36PM >> NO, I HAVE NOT SIR.
2:17:38PM >>FRANK REDDICK: ALL RIGHT.
2:17:38PM IF YOU PLAN ON SPEAKING, THINKING ABOUT SPEAKING, PLEASE
2:17:41PM STABBED AND BE SWORN IN.
2:17:42PM [OATH ADMINISTERED]
2:17:53PM >>MARTIN SHELBY: MR. CHAIRMAN, MAY I REMIND ALL PEOPLE WHO
2:17:56PM ARE SPEAKING PURSUANT TO COUNCIL'S RULES AND SUCH MATTERS,
2:18:00PM ALL PERSONS WHO PROVIDE TESTIMONY, INFORMATION OR OPINION
2:18:03PM REGARDING A PETITION IN A QUASI-JUDICIAL MATTER, SUCH AS
2:18:05PM THIS PENDING BEFORE CITY COUNCIL, MUST DISCLOSE ANY DIRECT
2:18:08PM OR INDIRECT BUSINESS OR PERSONAL INTERESTS BETWEEN
2:18:11PM THEMSELVES AND THE PETITIONER OR APPLICANT, WHICH IS
2:18:14PM REQUESTING ACTION.
2:18:15PM THE INFORMATION SHALL NOT BE USED TO DENY THE PETITION OR
2:18:18PM MATTER BUT GOES TO THE WEIGHT OF THE EVIDENCE, INFORMATION,
2:18:21PM OR OPINION PROVIDED.
2:18:22PM SO PLEASE DO SO.
2:18:25PM ALSO, IF YOU ARE SPEAKING AT THE DIRECTION OF A PARTY,
2:18:29PM PLEASE STATE THAT AS WELL BECAUSE IF SO, THAT IS COUNTED
2:18:33PM AGAINST THAT PARTY'S TIME.
2:18:34PM THANK YOU.
2:18:36PM >> THANK YOU TO EACH AND EVERY ONE.
2:18:38PM MY NAME IS JOE PARRISH, RESIDENT OF 915 FRANKLIN, WHICH ARE
2:18:43PM APARTMENTS DIRECTLY ACROSS FROM FRANKLIN MANOR.
2:18:45PM I WILL SAY THE SPECIAL USE PERMIT IS SUPPOSED TO MITIGATE
2:18:48PM THE REVERBERATION OF NOISE.
2:18:50PM I THINK THAT'S ACTUALLY THE PURPOSE OF THAT SPECIAL USE
2:18:53PM PERMIT.
2:18:53PM AND IT IS FAILING MISERABLY.
2:18:57PM FROM WHAT I HAVE SEEN, THE PANELING I THINK IS A QUARTER
2:19:00PM INCH FOAM.
2:19:01PM IT HAS NOT BEEN DESIGNED TO STOP NOISE.
2:19:03PM YOU CAN CLEARLY HEAR THE NOISE, EVEN UP INTO THIS WEEKEND,
2:19:07PM OVER 100 FEET FROM THE PROPERTY LINE, WHICH IS IN VIOLATION
2:19:10PM OF THE NOISE ORDINANCE HERE IN TAMPA THAT IS NOW IN PLACE BY
2:19:14PM MAYOR BUCKHORN.
2:19:14PM I HAD A POLICE OFFICER COME TO MY HOUSE.
2:19:18PM HE ACTUALLY WITNESSED AND PUT IN HIS REPORT THAT THERE WERE
2:19:22PM REVERBERATIONS AND VIBRATIONS OF MY WINDOWS ON THE 23rd
2:19:26PM FLOOR ABOVE FRANKLIN MANOR BECAUSE IT WAS SO LOUD.
2:19:29PM THAT IS IN A POLICE REPORT.
2:19:31PM SO IT SHAKES MY WINDOWS.
2:19:32PM IT KEEPS MY KIDS UP ON WEEK NIGHTS BEFORE THEY HAVE TO GO TO
2:19:36PM SCHOOL.
2:19:37PM THE EXPLICIT LANGUAGE, BY THE WAY, THAT YOU CAN HEAR AND
2:19:40PM CLEARLY HEAR, HAS EXPLETIVES WHICH I HAVE THE LYRICS TO
2:19:45PM RIGHT HERE, IF YOU WOULD LIKE TO SEE.
2:19:46PM I MADE COPIES FOR EACH OF THE COUNCILWOMAN AND COUNCILMEN.
2:19:50PM WOULD YOU LIKE TO HAVE THE LYRICS?
2:19:51PM I ACTUALLY HAVE A VIDEOTAPE OF THIS SONG BEING PLAYED IN
2:19:56PM WHICH YOU CAN CLEARLY HEAR THE LYRICS.
2:19:58PM AS THAT IS BEING PASSED AROUND, I WANT TO SAY THAT THERE ARE
2:20:09PM MORE COMPLAINTS THAN JUST MYSELF, BUT THERE ARE PEOPLE THAT
2:20:11PM ARE AFRAID, BECAUSE FRANKLIN MANOR HAS CREATED A SITUATION
2:20:15PM WHERE PEOPLE ARE AFRAID TO COME FORWARD.
2:20:17PM WHY?
2:20:18PM BECAUSE WHEN WE COMPLAIN TO THE POLICE AND IT BECAME PUBLIC
2:20:21PM RECORD, THEY SENT MYSELF AND SOMEONE ELSE A GLITTER BOMB IN
2:20:24PM THE MAIL, AND THEY ALSO SENT ME FECES.
2:20:27PM SO THERE ARE SEVERAL PEOPLE OUT THERE THAT ARE AFRAID TO
2:20:31PM SPEAK UP AGAINST FRANKLIN MANOR.
2:20:32PM AS FAR AS BUSINESS DOWNTOWN, FIRST OF ALL, I CHOOSE TO LIVE
2:20:36PM DOWNTOWN BECAUSE I LIKE TO BE IN THE MIDDLE OF EVERYTHING.
2:20:38PM THAT'S TRUE.
2:20:39PM OCCASIONAL TRAIN GOING BY AND OCCASIONAL SIREN, AND
2:20:44PM OCCASIONAL LOUD CAR, BUT NOT CONSISTENT PUMPING OF EXPLICIT
2:20:49PM LYRIC LANGUAGE INTO MY HOUSE IN WHICH I HAVE TO LISTEN TO IT
2:20:54PM CONSTANTLY OVER MY TELEVISION, OVER THE WHITE-NOISE MACHINE
2:20:57PM TO HELP ME TRY TO SLEEP.
2:20:59PM THAT IS NOT SOMETHING THAT I CONSIDERED WHENEVER I LIVED
2:21:02PM DOWNTOWN.
2:21:02PM AND I DON'T THINK ANYBODY WOULD CONSIDER THAT.
2:21:04PM AND SO WHENEVER YOU START TO LIMIT THE AMOUNT OF PEOPLE THAT
2:21:07PM LIVE DOWNTOWN, THAT'S WHAT IS GOING TO AFFECT THE BUSINESS
2:21:10PM DOWNTOWN.
2:21:11PM IT'S NOT GOING TO BE SHUTTING DOWN FRANKLIN MANOR.
2:21:13PM IT'S GOING TO BE KEEPING PEOPLE FROM MOVING DOWNTOWN.
2:21:16PM SO THAT'S THE BUSINESS CONCERN.
2:21:18PM IT'S NOT WHAT THESE LANDLORDS WANT THEIR TENANT TO KEEP
2:21:22PM PAYING THEIR RENT.
2:21:23PM IT IS FOR RESIDENTS TO MOVE DOWNTOWN AND ACTUALLY SUPPORT
2:21:27PM THE BUSINESSES THAT ARE DOWNTOWN.
2:21:28PM SO THAT'S WHY WE CHOOSE URBAN LIVING.
2:21:30PM I KNOW THAT I'M OUT OF TIME.
2:21:33PM IF YOU WOULD ALLOW AND ASK QUESTIONS, I WILL BE FREE TO
2:21:36PM ANSWER THEM, AND I THANK YOU VERY MUCH FOR THE TIME TO
2:21:38PM COMMENT.
2:21:40PM [ BELL SOUNDS ]
2:21:40PM >>FRANK REDDICK: THANK YOU.
2:21:41PM THE NEXT SPEAKER.
2:21:46PM >> GOOD AFTERNOON, COUNCIL.
2:21:47PM MY NAME IS JEROME HAGLEY.
2:21:49PM I'M WITH CARTER, WHICH IS A GENERAL PARTNER FOR 915 FRANKLIN
2:21:53PM STREET OWNER.
2:21:54PM WE ARE THE OWNERS OF THE APARTMENT COMPLEX DIRECTLY ACROSS
2:21:57PM THE STREET FROM FRANKLIN MANOR.
2:22:00PM WE'VE BEEN WORKING WITH THE CITY SINCE 2014.
2:22:03PM WE BROUGHT A SIGNIFICANT INVESTMENT TO THIS PART OF THE CITY
2:22:07PM WELL OVER IN EXCESS OF HUNDRED MILLION DOLLARS.
2:22:09PM WE'VE WORKED WITH THE CITY ON SEVERAL MATTERS.
2:22:13PM WE FOLLOWED THE RULES, AND THAT'S ALL WE'RE ASKING IS THAT
2:22:18PM WE HAVE ALL BUSINESSES ARE HELD ACCOUNTABLE FOR FOLLOWING
2:22:21PM THE RULES.
2:22:21PM WE'VE MEDIATED WITH THE GROUP ACROSS THE STREET.
2:22:26PM WE'VE MET WITH THEM.
2:22:27PM AND PROMISE ARE MADE AND PROMISE ARE BROKEN.
2:22:30PM I HATE TO STEAL A PHRASE THAT MY MOTHER USED TO ALWAYS USE
2:22:35PM WITH ME WHEN I DIDN'T DO WHAT I WAS SUPPOSED TO DO, ACTIONS
2:22:39PM SPEAK LOUDER THAN WORDS.
2:22:40PM WE HAVE A FIDUCIARY RESPONSIBILITY TO PEOPLE THAT LIVE AT
2:22:44PM 915.
2:22:46PM WE HAVE TO PROVIDE THEM A QUIET AND PEACEFUL HOME, AND WE
2:22:49PM CANNOT DO THAT WITH THE RULE VIOLATIONS THAT HAVE BEEN
2:22:52PM BROKEN.
2:22:53PM AND SO I'M STANDING HERE AND ASKING YOU, EVERYBODY BE HELD
2:22:57PM ACCOUNTABLE.
2:22:57PM I MEAN, THERE SEEMS TO BE A LOT OF CONFUSION HERE, BUT
2:23:00PM THERE'S REALLY NO CONFUSION FROM OUR SIDE IN TERMS OF WHAT'S
2:23:04PM SUPPOSED TO BE DONE AND WHAT'S CURRENTLY HAPPENING.
2:23:06PM THANK YOU VERY MUCH.
2:23:14PM >> MY NAME IS MARKA ISAAK.
2:23:20PM I AM THE MOTHER OF MICHAEL ISAAK WHO SPOKE EARLIER.
2:23:22PM MICHAEL AND I OWN THE CORPORATION THAT OWNS THE PATIO.
2:23:27PM FIRST, I WANT TO APOLOGIZE FOR THE MISSTATEMENT THAT WE
2:23:31PM DIDN'T RECEIVE NOTICE.
2:23:34PM MY SON DIDN'T RECEIVE NOTICE, AND HE'S ALSO PART OWNER.
2:23:38PM I'M THE ONE WHO RECEIVED THE NOTICE, AND I HAVE A SICK
2:23:41PM HUSBAND.
2:23:43PM WITHOUT GETTING INTO DETAILS, BUT HE TOOK ALL THE MAIL AND
2:23:49PM DESTROYED IT.
2:23:49PM HE'S DEMENTED AND HE DID THAT WITH A DRIVER'S LICENSE ALSO.
2:23:57PM I APOLOGIZE FOR THAT.
2:23:58PM THE TESTIMONY OF MR. MICHELINI, AND I CAN STATE TO YOU
2:24:02PM UNEQUIVOCALLY, THAT I MET MR. MICHELINI TODAY FOR THE FIRST
2:24:06PM TIME 50 MINUTES AGO.
2:24:09PM I NEVER KNEW OF ANYTHING I HEARD ABOUT TODAY, I NEVER KNEW
2:24:14PM ABOUT IT.
2:24:14PM WHEN HE SAID THAT HE MET WITH THE LANDLORD AND INFORMED THE
2:24:18PM LANDLORD, I ASSUMED THAT HE MET WITH MR. ACCARDI.
2:24:23PM I OWN THE PATIO.
2:24:24PM AND I NEVER MET WITH HIM.
2:24:25PM HE NEVER TOLD ME ANYTHING.
2:24:26PM I'M A SMALL BUSINESS OWNER, AND I HAVE LIVED IN TAMPA, CLOSE
2:24:33PM TO TAMPA, BUT I OWN PROPERTY IN TAMPA.
2:24:35PM I'VE BEEN A GOOD CITIZEN.
2:24:37PM I'M THE OWNER OF SMALL BUSINESS.
2:24:39PM I'VE BEEN PAYING TAXES TO THE CITY OF TAMPA FOR 45 YEARS.
2:24:43PM I USED TO PRACTICE LAW.
2:24:47PM I'M NOW RETIRED, AND I HAVE EMPLOYED MANY PEOPLE IN TAMPA
2:24:52PM AND GAVE THEM A LIVING AND MY PAYROLL EXCEEDED SOMETIMES
2:24:58PM OVER THE YEARS MANY MILLIONS OF DOLLARS.
2:25:00PM I WANT YOU TO GIVE ME AN OPPORTUNITY NOT TO LOSE MY
2:25:03PM BUSINESS.
2:25:03PM IT'S LIKE DAVID AND GOLIATH.
2:25:06PM AND WHAT I'M ASKING YOU TODAY IS TO GIVE THE TENANT AN
2:25:11PM OPPORTUNITY TO FIX THE PROBLEM, NOT TO PUT US OUT OF
2:25:16PM BUSINESS.
2:25:16PM WE'VE INVESTED EVERYTHING INTO IT, AND WE'VE BEEN GOOD
2:25:21PM CITIZENS, AND PLEASE GIVE ME A CHANCE TO WORK WITH THE
2:25:25PM TENANT AND DO WHATEVER IS NECESSARY.
2:25:28PM THANK YOU VERY MUCH.
2:25:33PM >>FRANK REDDICK: EXCUSE ME, MA'AM.
2:25:34PM LET'S GO.
2:25:37PM >> THANK YOU, COUNCIL.
2:25:38PM GOOD AFTERNOON.
2:25:38PM MY NAME IS KARLA SEVEDRA, 1108 NORTH FRANKLIN STREET, UNIT
2:25:44PM 405.
2:25:45PM I'M A RESIDENT OF THE RESIDENTS OF FRANKLIN STREET.
2:25:48PM WE ARE TWO BLOCKS NORTH OF FRANKLIN MANOR AT THE CORNER OF
2:25:51PM FRANKLIN AND ROYAL STREET.
2:25:52PM AND I AM IN URBAN LIVING.
2:25:56PM I CHOSE TO MOVE DOWNTOWN WITH MY HUSBAND.
2:25:59PM WE EMBRACE ALL OF THE RESTAURANTS AND THE BUSINESSES THAT
2:26:02PM ARE HERE.
2:26:03PM I DO NOT HAVE A PROBLEM WITH WHAT THEY ARE TRYING TO
2:26:06PM ACCOMPLISH.
2:26:06PM WHAT I'M ASKING YOU TODAY IS TO HOLD FRANKLIN MANOR TO THE
2:26:09PM LAW REGARDING THE NOISE ORDINANCE.
2:26:11PM THEY HAVE REPEATEDLY VIOLATED THE CODE, THEREFORE, THEIR
2:26:16PM PRIVILEGE TO SERVE ALCOHOL IS IN JEOPARDY.
2:26:18PM THIS PRIVILEGE TO SERVE ALCOHOL, THE PRIVILEGE TO SERVE --
2:26:24PM EXCUSE ME, IT IS A PRIVILEGE TO SERVE ALCOHOL, NOT A RIGHT.
2:26:27PM WITH THE PRIVILEGE GOES THE RESPONSIBILITY TO FOLLOW THE
2:26:32PM LAW.
2:26:32PM AND THAT IS ALL THAT I AM ASKING.
2:26:35PM I AM HAPPY FOR THEM TO BE DOWNTOWN, AND HAVE THEIR
2:26:38PM ESTABLISHMENT.
2:26:40PM EVERYBODY IN THIS COUNTRY HAS A RIGHT TO DO THAT.
2:26:43PM I'M JUST ASKING YOU ALL TO PLEASE ENFORCE THE LAW, THE CODE
2:26:48PM ORDINANCE.
2:26:48PM THANK YOU.
2:26:51PM >> GOOD AFTERNOON.
2:26:51PM MY NAME IS SARAH ROSE.
2:26:54PM AND I REPRESENT BELL PARTNERS.
2:26:55PM WE'RE THE PROPERTY MANAGEMENT COMPANY THAT RUNS THE
2:26:58PM DAY-TO-DAY OPERATIONS AT 915.
2:27:00PM THAT'S THE APARTMENT COMMUNITY THAT'S LOCATED DIRECTLY
2:27:03PM ACROSS THE STREET FROM FRANKLIN MANOR.
2:27:05PM I WOULD JUST LIKE TO STATE THAT THE LOUD RAUCOUS, YOU KNOW,
2:27:11PM LATE-NIGHT MUSIC EMANATING FROM FRANKLIN MANOR HAS NOT ONLY
2:27:15PM HURT OUR BUSINESS OPERATIONS, IT'S BEEN VERY DIFFICULT TO
2:27:18PM LEASE APARTMENTS AND RETAIN OUR RESIDENTS.
2:27:21PM WE'VE HAD TO MAKE A LOT OF CONCESSIONS MONETARILY, TRANSFER
2:27:26PM PEOPLE, LET THEM OUT OF THEIR LEASES DUE TO THE LOUD
2:27:30PM LATE-NIGHT NOISES.
2:27:31PM AND IT'S NOT JUST ON THE WEEKENDS.
2:27:32PM IT'S MONDAY THROUGH FRIDAY AS WELL.
2:27:33PM SO ADDITIONALLY, WE ARE CONSTANTLY FIELDING RESIDENT
2:27:37PM COMPLAINTS.
2:27:37PM THEY ARE VERY TIRED FOLKS, AND I KNOW THAT IT'S DAMAGING
2:27:41PM THEIR CAREERS AND THEIR LIFESTYLES.
2:27:42PM SO I'D LIKE YOU TO PLEASE TAKE THAT INTO CONSIDERATION.
2:27:45PM THANK YOU.
2:27:48PM >> GOOD AFTERNOON.
2:27:49PM MY NAME IS ETHAN LOEB.
2:27:51PM I HAVE A SHEET OF INDIVIDUALS HERE THAT HAVE YIELDED THEIR
2:27:54PM TIME TO ME.
2:27:54PM OH, SORRY.
2:28:02PM >>MARTIN SHELBY: MR. LOBE, BEFORE YOU BEGIN, WILL THE
2:28:04PM FOLLOWING PEOPLE PLEASE ACKNOWLEDGE THEIR PRESENCE.
2:28:06PM TYLER HUDSON.
2:28:07PM >> HERE.
2:28:08PM >>MARTIN SHELBY: JOSHUA COLOGNE.
2:28:10PM >> HERE.
2:28:10PM >>MARTIN SHELBY: LEXY ARMENI.
2:28:13PM >> HERE.
2:28:13PM >>MARTIN SHELBY: AND JOHN TASO.
2:28:15PM >> HERE.
2:28:16PM >>MARTIN SHELBY: OKAY.
2:28:16PM THAT'S FOUR ADDITIONAL MINUTES FOR A TOTAL OF SEVEN.
2:28:21PM >> ALL RIGHT.
2:28:21PM THANK YOU FOR GIVING ME THE OPPORTUNITY.
2:28:22PM I REPRESENT THE APARTMENTS IN THE LITIGATION THAT'S
2:28:25PM PRESENTLY PENDING IN FRONT OF JUDGE HOLDER RIGHT NOW.
2:28:28PM I'VE HAD THE OPPORTUNITY TO LOOK THROUGH ALL OF THE
2:28:31PM DOCUMENTS THAT WE'VE RECEIVED, THAT HAS BEEN EXCHANGED.
2:28:35PM I'M NOTE GOING TO BRING ALL OF THOSE TO YOU TODAY BECAUSE
2:28:38PM THEY WOULD FILL THIS ROOM.
2:28:40PM I WILL SHARE WITH YOU SOME OF THE CHOICE DOCUMENTS TO HELP
2:28:42PM FILL IN THE GAPS, SOME OF THE QUESTIONS YOU'VE BEEN ASKING.
2:28:44PM WE KNOW THAT FRANKLIN MANOR RECEIVED NOTICE FROM THE CITY IN
2:28:48PM JUNE OF 2017, AND AS MR. MICHELINI SAID, HE PROMPTLY TOLD
2:28:53PM THEM YOU NEED TO COME INTO COMPLIANCE.
2:28:55PM THE RESPONSE THAT WAS RECEIVED AND THAT THE OWNERSHIP GROUP
2:29:02PM TOLD TO THE ACCARDIS, I'M NOT GOING TO SAY IT OUT LOUD, BUT
2:29:07PM IT'S HIGHLIGHTED AND I'LL MAKE IT PART OF THE RECORD.
2:29:09PM THAT WAS THE FIRST RESPONSE.
2:29:11PM WHAT HAPPENS NEXT?
2:29:12PM MR. ACCARDI RECOGNIZING THAT THERE IS A SIGNIFICANT PROBLEM
2:29:15PM WITH THE CITY OF TAMPA RIGHTS TO THE OWNERSHIP GROUP, AND --
2:29:19PM WRITES TO THE OWNERSHIP GROUP AND TELLS THEM TO COME INTO
2:29:22PM COMPLIANCE.
2:29:22PM TIME IS TICKING.
2:29:24PM THERE WAS A QUESTION, WAS THERE A TIME GIVEN?
2:29:26PM ABSOLUTELY.
2:29:27PM IT WAS TEN DAYS FOR THEM TO COME INTO COMPLIANCE OR MAKE
2:29:29PM REPAIRS AND CHANGES.
2:29:31PM AND IT WAS VERY SIMPLE.
2:29:33PM THE FOAM PANELING, BUT MORE IMPORTANTLY, TAKE DOWN THE
2:29:36PM OUTDOOR CONCERT VENUE THEY HAD SET UP.
2:29:39PM THEY HAD AN OUTDOOR STAGE WITH NIGHTCLUB SPEAKERS POINTING
2:29:43PM DIRECTLY AT THE APARTMENT BUILDINGS, SPEAKERS ON THE SIDE OF
2:29:45PM THE BUILDING BLARING, AND SPEAKERS EVERYWHERE ELSE.
2:29:48PM NO CABANAS, NO SOUND CONTROLS.
2:29:50PM WHAT HAPPENS NEXT?
2:29:53PM MR. MICHELINI CONTINUES TO PRESS AND SAY YOU NEED TO COME
2:29:58PM INTO COMPLIANCE.
2:30:00PM WHY IS THAT?
2:30:01PM YOUR CITY STAFF WROTE TO MR. MICHELINI IN OCTOBER AND TOLD
2:30:07PM THEM, THE SPEAKERS HAVE TO COME DOWN.
2:30:09PM THEY ARE NOT PART OF THE APPROVAL THAT YOU ALLOWED YOUR
2:30:13PM CLIENT TO OPERATE.
2:30:14PM THAT'S WHAT YOUR CITY STAFF TOLD.
2:30:16PM WHAT WAS THE RESPONSE THAT THE OWNERSHIP GROUP SAID?
2:30:19PM A RESPONSIBLE BUSINESS OWNER IN THIS CITY, AND I LIVE HERE,
2:30:22PM THIS IS MY CITY, I WOULD EXPECT YOU TO SAY, YES, I WILL COME
2:30:25PM INTO COMPLIANCE.
2:30:26PM YOU KNOW WHAT HE SAID?
2:30:28PM THE OWNER, WHO IS NOT HERE, BY THE WAY.
2:30:29PM HE'S ABSENT, MY LIQUOR LICENSE OR MY BUSINESS WAS ON THE
2:30:32PM LINE, I'D BE HERE.
2:30:34PM GUESS WHAT HE WROTE.
2:30:35PM HE WROTE THAT.
2:30:37PM IT'S HIGHLIGHTED.
2:30:38PM YOU KNOW WHAT HE'S TALKING ABOUT, YOU ALL.
2:30:40PM HE SAYS, LET YOU-ALL TAKE HIM TO COURT.
2:30:43PM DON'T DO ANYTHING, JUST KEEP DELAYING.
2:30:46PM WHAT HAPPENS NEXT?
2:30:46PM MS. DOCK, AGAIN, A WEEK LATER WRITES BACK TO MR. MICHELINI
2:30:53PM AND SAYS, HAS FRANKLIN MANOR REMOVED THE OUTSIDE SPEAKERS?
2:30:56PM WHAT DOES HE SAY?
2:31:01PM STEVE, I'M NOT REMOVING THE SPEAKERS UNTIL EVERY OTHER BAR
2:31:03PM IN TAMPA DOES AS WELL.
2:31:05PM WOW, THAT'S A GREAT POSITION YOU WANT SOMEBODY WHO IS
2:31:09PM RUNNING A BUSINESS IN THIS DOWNTOWN CORRIDOR THAT YOU-ALL
2:31:12PM ARE TRYING TO MAKE GOOD, THAT'S THE RESPONSE THAT'S GIVEN.
2:31:16PM MR. MICHELINI GOES ON, AND TELLS THEM THAT A DELAY IS A BAD
2:31:21PM BET.
2:31:21PM WE'RE IN DECEMBER OF 2017.
2:31:24PM MR. MICHELINI THANKFULLY IS NOT THE YES MAN TO THESE PEOPLE
2:31:28PM AND INSTEAD IS TELLING THEM, YOU NEED TO COME INTO
2:31:31PM COMPLIANCE.
2:31:31PM WHAT DO THEY DO IN RESPONSE TO THAT?
2:31:34PM DO THEY SAY OKAY, IT'S BEEN SIX MONTHS?
2:31:37PM TIME IS UP, WE WILL DO THIS.
2:31:39PM NO.
2:31:40PM WHAT DO THEY SAY?
2:31:41PM PARDON MY FRENCH, BUT THEY SAY IT'S TIME TO CUT THE
2:31:45PM BULLSH ... FROM THEM.
2:31:47PM HE SAYS THAT YOU ALL SHOULD GIVE THEM A PLAQUE AND NOT BULLY
2:31:51PM THEM WEEKLY.
2:31:52PM I DON'T KNOW ABOUT YOU, BUT ASKING A BUSINESS OWNER TO DO
2:31:54PM WHAT IS RIGHT AND APPROVED, RESPONSIBLE PEOPLE RESPOND AND
2:31:57PM DO THAT.
2:31:57PM WHAT HAPPENS NEXT?
2:32:00PM THERE IS A CHANGE IN THE NOISE ORDINANCE, MR. HAGLEY, WHO
2:32:03PM APPEARED BEFORE YOU WROTE TO THE PEOPLE ACROSS THE STREET AT
2:32:06PM THE FRANKLIN MANOR AND SAID THE NOISE ORDINANCE HAS NOW
2:32:09PM CHANGED.
2:32:10PM IT IS A PLAINLY AUDIBLE STANDARD IN THE CENTRAL BUSINESS
2:32:12PM DISTRICT, AND WHAT HAPPENS NEXT, THE OWNERSHIP GROUP
2:32:16PM RESPONDS BACK TO MR. HAGLEY AND SAYS, IN LIGHT OF YOUR
2:32:20PM RECENT ACTIONS, OR LACK THEREOF, I'M GOING TO EXTEND THE
2:32:24PM SAME COURTESY TO YOU AS YOU DID WITH US WITH MY FUTURE
2:32:28PM ACTIONS.
2:32:29PM WHAT HAPPENS NEXT?
2:32:30PM YOU HEARD FOLKS COME UP HERE AND SAY THAT THERE WERE NO
2:32:33PM POLICE CITATIONS OR THEY DIDN'T KNOW ABOUT THEM.
2:32:35PM WRONG, FALSE.
2:32:36PM ABSOLUTELY INCORRECT.
2:32:39PM MULTIPLE CITATIONS SITTING HERE IN MY HAND FROM THE CITY OF
2:32:42PM TAMPA POLICE GOING OUT TRYING TO ADDRESS THE RESIDENTS'
2:32:45PM CONCERNS BECAUSE THEY CAN'T SLEEP.
2:32:47PM THEY CAN'T ENJOY THEIR BALCONY, THEY CAN'T ENJOY THEIR KIDS.
2:32:51PM THEY CAN'T ENJOY THEIR FAMILY.
2:32:52PM THE ONE THAT I THINK IS MOST PERTINENT FOR YOU TO KNOW IS
2:32:56PM THE ONE THAT HAPPENS AFTER THAT E-MAIL WHEN MR. HAGLEY IS
2:33:00PM TOLD THAT FRANKLIN MANOR IS GOING TO TREAT THEM JUST LIKE
2:33:04PM THE APARTMENT OWNERS TREATED FRANKLIN MANOR, COPS WERE
2:33:07PM CALLED, EARLY IN THE MORNING, NOT AT 10 OR 11 WHEN THE PARK
2:33:13PM IS GOING.
2:33:14PM WE KNOW THAT'S LIFE.
2:33:15PM THIS HERE, THIS IS, GOSH, IT'S LIKE 1:00 IN THE MORNING.
2:33:19PM POLICE ARE OUT.
2:33:22PM LOOK WHAT THE BAR OWNER DOES.
2:33:23PM IT'S DISGUSTING.
2:33:25PM THE BAR OWNER COMES OUT AND LEARNS OF THE VIOLATION, BECOMES
2:33:28PM IRATE, STATES HE'S GOING TO TURN HIS MUSIC ALL THE WAY UP
2:33:31PM NOW THAT HIS BUSINESS IS GETTING A CITATION, GOES BACK IN
2:33:34PM THE BAR AND TURNS IT UP EXTREMELY LOUD WITH THE SPEAKERS
2:33:38PM THAT ARE STILL THERE.
2:33:39PM SO WHAT HAPPENS?
2:33:40PM WE GO TO COURT BECAUSE THE POLICE CAN'T GET THESE PEOPLE
2:33:43PM UNDER CONTROL.
2:33:44PM THEY WON'T REMOVE THE SPEAKERS THAT THEY ARE NOT ALLOWED TO
2:33:47PM HAVE.
2:33:47PM JUDGE HOLDER ISSUES AN EMERGENCY INJUNCTION.
2:33:51PM TELLS THEM TO STOP.
2:33:54PM DO THEY?
2:33:54PM NO, THEY DON'T.
2:33:55PM JUDGE HOLDER HAS TO MODIFY THE INJUNCTION AND TELL THEM TO
2:33:59PM TAKE CERTAIN SPEAKERS DOWN, POINT THEM THE OTHER DIRECTION.
2:34:02PM IS THAT GOOD ENOUGH?
2:34:03PM YOU HEARD THESE PEOPLE SAY THEY WANT TO COOPERATE.
2:34:07PM THEY DON'T WANT TO COOPERATE.
2:34:08PM THEY ARE BEING HELD ACCOUNTABLE NOW, AND NOW THEY ARE TRYING
2:34:11PM TO ASK FOR YOU FOR THE FORGIVENESS, AND HOW DO WE KNOW THAT?
2:34:17PM COUNCIL TOLD YOU FOR FRANKLIN MANOR THERE HADN'T BEEN ANY
2:34:22PM POLICE ACTIVITY SINCE NOVEMBER.
2:34:23PM ENNH, WRONG AGAIN.
2:34:25PM JANUARY 5th, THIS YEAR, BIG PARTY, POLICE GO BACK OUT
2:34:29PM THERE AND APPEAR.
2:34:30PM THEY ISSUE A WARNING AND TELL THEM TO TURN IT DOWN AGAIN,
2:34:35PM EVEN WITH THE SPEAKERS TAKEN DOWN, AS THEY SAY, AND I'LL
2:34:43PM SHOW YOU IN A MINUTE -- WELL, IN 52 SECONDS, THAT THAT'S
2:34:43PM ABSOLUTELY FALSE ALSO.
2:34:44PM BECAUSE THERE ARE STILL SPEAKERS OUT THERE TODAY BECAUSE WE
2:34:45PM HAD A SITE INSPECTION.
2:34:47PM THERE ARE MULTIPLE RESIDENTS THAT CANNOT BE HERE.
2:34:51PM I HAD THEIR AFFIDAVITS THAT I WOULD LIKE TO ENTER INTO THE
2:34:53PM RECORD.
2:34:53PM THEY ARE SWORN UNDER PENALTY OF PERJURY.
2:34:55PM ALL OF THEM SINGING THE SAME TUNE, COLLEGE STUDENTS.
2:34:58PM ELEMENTARY SCHOOL PRINCIPALS, LAWYERS, BUSINESS PEOPLE
2:35:01PM SAYING, PLEASE, YOU HAVE GOT TO GET THIS UNDER CONTROL.
2:35:05PM THE ONLY WAY IT CAN GET UNDER CONTROL IS FOR YOU TO FIND
2:35:08PM FOLKS TO HOLD THESE PEOPLE ACCOUNTABLE.
2:35:10PM JUDGE HOLDER HAS TRIED.
2:35:12PM THE CITY POLICE HAVE TRIED.
2:35:13PM MY CLIENT HAS TRIED.
2:35:14PM I HAVE TRIED.
2:35:15PM THE BUCK HAS GOT TO STOP HERE.
2:35:19PM AND SO WHEN COUNCIL SAYS THERE ARE SPEAKERS THAT ARE ALL
2:35:22PM GONE, THERE THEY ARE.
2:35:27PM THERE'S MULTIPLE SPEAKERS.
2:35:29PM THERE ARE SIX OF THEM, STILL SITTING THERE, ALL OPERATIONAL
2:35:31PM AND ALL RUNNING.
2:35:32PM [ BELL SOUNDS ]
2:35:33PM AND SO TO SUGGEST OTHERWISE IS WRONG.
2:35:35PM I HAVE PETITIONS HERE FROM THE NEIGHBORS.
2:35:39PM I'M ENTERING INTO THE RECORD.
2:35:41PM THEY COULDN'T BE HERE.
2:35:42PM ALL SAYING THE SAME THING.
2:35:44PM CLOSE THIS PLACE DOWN.
2:35:46PM IT'S OVER THE TOP.
2:35:49PM I'M HAPPY TO ANSWER ANY QUESTIONS, AND I APPRECIATE YOUR
2:35:52PM ATTENTION.
2:35:52PM THANK YOU.
2:35:54PM >>FRANK REDDICK: ALL RIGHT.
2:35:59PM >>MIKE SUAREZ: ONE QUICK QUESTION, IF I COULD, CHAIR.
2:36:01PM WHEN DID YOU TAKE THAT PICTURE YOU JUST SHOWED?
2:36:03PM >> THE ONE I JUST SHOWED?
2:36:05PM >>MIKE SUAREZ: WHEN WAS THAT.
2:36:06PM YOU DID A SITE VISIT, I ASSUME BECAUSE OF THE COURT --
2:36:09PM >> 10:30 THIS MORNING.
2:36:10PM >>MIKE SUAREZ: THANK YOU.
2:36:11PM APPRECIATE IT.
2:36:13PM >>FRANK REDDICK: ANYONE ELSE WISHING TO SPEAK ON ITEM NUMBER
2:36:15PM 57?
2:36:16PM >> TRACY SHAMBURGER.
2:36:39PM I'M A THREE AND A HALF YEAR RESIDENT OF DOWNTOWN.
2:36:42PM I CAME TO MEET THE OWNERS OF FRANKLIN MANOR BY BEING A
2:36:47PM RESIDENT DOWNTOWN WHEN I APPROACHED THEM FOR A CHARITY EVENT
2:36:50PM THAT I CO-CHAIR AND ASKED THEM FOR A DONATION.
2:36:53PM THEY AGREED GENEROUSLY AND HELPED US RAISE MONEY FOR A
2:36:56PM WORTHY CHARITY TWO YEARS IN A ROW.
2:36:58PM I THOUGHT FRANKLIN MANOR WAS A WELCOME ADDITION TO DOWNTOWN.
2:37:03PM THAT NORTH END OF FRANKLIN STREET WAS VERY DANGEROUS.
2:37:08PM NOTHING WAS DOWN THERE.
2:37:09PM I WAS AFRAID TO WALK THAT WAY.
2:37:12PM WHEN THEY OPENED, THAT KIND OF MADE IT A LITTLE MORE SAFE
2:37:14PM BECAUSE THERE WAS A LOT MORE FOOT TRAFFIC.
2:37:16PM I MOVED IN CLOSER PROXIMITY OF FRANKLIN MANOR, AND KNEW WHAT
2:37:24PM I WAS GETTING INTO.
2:37:25PM I NEVER HAD A PROBLEM.
2:37:26PM I THINK IT BRINGS LIVELIHOOD TO THE NEIGHBORHOOD.
2:37:32PM THERE WAS CRIME IN THE NEIGHBORHOOD.
2:37:34PM THERE WAS A MURDER IN THE PARK TWO MONTHS AGO.
2:37:35PM I THINK HAVING A BUSINESS DOWN THERE WITH THE OTHER
2:37:37PM RESTAURANTS OPENING AS WELL IS JUST MAKING THAT BETTER AND
2:37:41PM SAFER FOR THE RESIDENTS OF THAT AREA.
2:37:42PM I JUST THINK SHUTTING THE BUSINESS DOWN WITH THEIR
2:37:52PM GENEROSITY AND GROWTH OF THE COMMUNITY IS NOT A GOOD IDEA.
2:37:55PM I THINK IT PUTS A BAD LOOK ON THE CITY OF TAMPA.
2:37:58PM >>FRANK REDDICK: THANK YOU.
2:37:58PM ALL RIGHT.
2:38:03PM IF YOU PLAN ON SPEAKING AND YOU'RE ABLE TO STAND UP AGAINST
2:38:09PM THE WALL, WE NEED YOU TO DO THAT BECAUSE WE WOULD LIKE TO
2:38:15PM MOVE TO ANOTHER SECTION.
2:38:16PM THESE PEOPLE POPPED UP.
2:38:18PM ALL RIGHT.
2:38:20PM LET'S MOVE FORWARD.
2:38:23PM >> ALAN.
2:38:24PM LADIES AND GENTLEMEN, I'M A MEMBER OF THE NOCTURNAL
2:38:26PM HOSPITALITY GROUP.
2:38:27PM I HAVE BEEN WITH THEM SINCE THE INCEPTION OF FRANKLIN MANOR.
2:38:30PM I AM ONE OF THE OPENING BARTENDERS OF THAT CONCEPT.
2:38:33PM I HAVE OPENED THE TWO OTHER CONCEPTS THEY'VE HAD SINCE THEN.
2:38:38PM WHAT I CAN SAY ABOUT THE COMPANY IS THAT IT IS ONE OF THE
2:38:42PM BEST BUSINESSES I'VE WORKED FOR.
2:38:43PM THEY ARE VERY HOSPITABLE, GENEROUS, THEY DO TOY DRIVES, FOOD
2:38:48PM DRIVES, DOG ADOPTIONS ON SUNDAYS FOR DOGS THAT WERE REHOMED
2:38:52PM FROM THE HURRICANE IN PUERTO RICO.
2:38:53PM THEY REALLY PUT THE COMMUNITY FIRST.
2:38:55PM AND THEY PUT US FIRST AS FRIENDS AND AS FAMILY, AND I'M
2:38:59PM LUCKY ENOUGH TO CALL THEM MY FAMILY.
2:39:01PM DAVE AND FRANCO, THEY'VE TAKEN ME UNDER THEIR WING, AND THEY
2:39:06PM REALLY TAUGHT ME THE HOSPITALITY INDUSTRY AND THE
2:39:09PM HOSPITALITY BUSINESS AND HOW TO BE GENEROUS AND BE
2:39:12PM HOSPITABLE TO THE COMMUNITY AROUND US.
2:39:13PM WE LOVE OUR NEIGHBORS.
2:39:14PM I HAVE LOTS OF FRIENDS.
2:39:15PM I LIVE AT 915 THAT AREN'T BOTHERED BY THE SOUND.
2:39:19PM AND THERE'S PEOPLE THAT ARE.
2:39:21PM BUT I CAN'T CALL TO HOW THAT BUILDING WAS BUILT, BUT IT CAME
2:39:25PM UP IN LESS THAN A YEAR, AND WE WERE AROUND A YEAR AND A HALF
2:39:28PM BEFORE THE BUILDING -- THE GROUND WAS EVEN BROKEN.
2:39:30PM SO I LOVE THE BUSINESS I'M IN.
2:39:34PM I LOVE WORKING FOR THESE GUYS.
2:39:37PM THINGS CAN BE TAKEN OUT OF CONTEXT THE WAY PEOPLE SAY YOU
2:39:41PM CAN'T, YOU KNOW, BASE SOMEBODY -- JUDGE SOMEBODY'S CHARACTER
2:39:46PM BASED ON THAT.
2:39:47PM I LOVE NOCTURNAL HOSPITALITY, AND THEY HAVE DONE NOTHING BUT
2:39:51PM BE RIGHT BY ME, BUT I HAVE NOTHING ELSE TO SAY BESIDES THAT.
2:39:54PM THANK YOU.
2:39:58PM >> MY NAME IS MICHAEL AGLY.
2:40:04PM I AM THE GENERAL MANAGER OF FRANKLIN MANOR.
2:40:06PM I'M HERE ON BEHALF OF ME AND THE 50 EMPLOYEES THAT WE
2:40:10PM CURRENTLY EMPLOY AT FRANKLIN MANOR.
2:40:12PM YOU KNOW, IT'S A GREAT GROUP OF PEOPLE THAT WE WORK STRONGLY
2:40:17PM EVERY DAY IN AND OUT TO ABIDE BY THE LAW THAT YOU GUYS HAVE
2:40:21PM FOR US.
2:40:22PM AND WE'RE NOT TRYING TO MAKE ANYONE FEEL UNCOMFORTABLE BEING
2:40:27PM DOWNTOWN.
2:40:27PM WE'RE NOT TRYING TO --
2:40:29PM [ NO ENCODER ]
2:41:11PM [NO ENCODER]
2:41:11PM >> I JUST STARTED ABOUT FOUR MONTHS AGO AS THE GENERAL
2:41:18PM MANAGER.
2:41:18PM SINCE THEN, I HAD ONE COMPLAINT THAT I WAS THERE FOR.
2:41:25PM >> SO YOU WEREN'T REALLY THERE FOR THE SERIES OF THINGS WE
2:41:27PM WERE HEARING ABOUT?
2:41:28PM >> YES, SIR.
2:41:29PM >> HOW DID YOU HANDLE THE ONE COMPLAINT?
2:41:31PM WHAT DID YOU DO?
2:41:32PM >> THE ONE COMPLAINT THE OFFICER CAME AND ME AND HEAD OF
2:41:35PM SECURITY, WE WENT UP AND WE SPOKE TO THE COP.
2:41:41PM HE ACTUALLY LEFT AND SAID THAT HE THOUGHT IT WAS A
2:41:42PM VINDICTIVE COMPLAINT BECAUSE HE COULDN'T EVEN HEAR THE MUSIC
2:41:47PM FROM THE FRONT DOOR OF 915.
2:41:50PM >>HARRY COHEN: SO YOU DIDN'T THINK THE MUSIC WAS
2:41:54PM UNREASONABLE?
2:41:55PM >> ABSOLUTELY NOT.
2:41:56PM NEVER GOT -- NEVER SAW PAPERWORK FROM THE COP.
2:42:03PM THANK YOU, GUYS.
2:42:03PM >> MY NAME IS GREGORY VALENSKI. I'M ONE OF THE ORIGINAL
2:42:13PM INVESTORS FOR FRANKLIN MANOR.
2:42:15PM I WAS APPROACHED IN 2015 ABOUT THIS NEW CONCEPT AND I
2:42:19PM HAPPILY MORTGAGED OUT MY HOUSE, MY CAR, AND REALLY PUT MY
2:42:23PM ENTIRE SAVINGS, MY MOM'S SAVINGS AND MY WIFE'S SAVINGS INTO
2:42:26PM THIS PROJECT.
2:42:27PM STARTED UP A LONG TIME AGO.
2:42:28PM I WAS CRITICIZED ABOUT ABANDONED BUILDINGS AT THE TIME, A
2:42:33PM LOT OF, YOU KNOW, PEOPLE WALKING AROUND THERE THAT MAYBE
2:42:37PM SEEMED LESS REPUTABLE, AND 915 WASN'T AROUND THEN BUT I WAS
2:42:42PM ASKED TO BE A PART OF THE WHOLE BUILDOUT, AND I WORKED VERY
2:42:45PM CLOSELY WITH THE SOUND ENGINEERS ON THIS PROJECT, AND HAVING
2:42:49PM AN ENGINEERING BACKGROUND MYSELF, I MADE IT VERY CLEAR TO
2:42:52PM THE CITY AND ZONING AT THAT TIME THAT A FOAM PANEL FENCE
2:42:56PM WOULDN'T DO ANYTHING, BECAUSE SOUND TRAVELS IN VECTORS, SO
2:43:01PM AS IT BOUNCES OFF THE GROUND, TRAVELS UP THE BUILDING, YOU
2:43:04PM CAN STAND OUTSIDE AT THE FRONT DOOR AND IT CAN BE VERY QUIET
2:43:08PM BUT WHEN YOU GO UP 50 STORIES UP, IT COULD BE VERY LOUD.
2:43:11PM SO A WOOD PANELING OR A FOAM PANEL PER SAY IS NOT REALLY
2:43:15PM GOING TO HELP.
2:43:16PM THE PICTURES YOU SEE TODAY, ONE WAS BEHIND THE STAGE, AND
2:43:20PM THEN PUT A FOOD TRUCK TO TRY TO BLOCK AS MUCH SOUND AS
2:43:23PM POSSIBLE.
2:43:24PM THE SOUND ENGINEERS WE ARE WORKING WITH RIGHT NOW, THEY ARE
2:43:27PM EXPENSIVE BUT THEY ARE DOING AMAZING WORK, I MEAN, THE WAY
2:43:30PM THEY MOVE EVERYTHING AROUND, THE CABANAS AND EVERYTHING WE
2:43:32PM DO REALLY HAS AN IMPACT ON EVERYBODY AROUND US.
2:43:37PM AND I DO FEEL LIKE WE ARE BEING VERY PROACTIVE AT THIS
2:43:42PM MOMENT ON HOW WE GO AROUND THAT.
2:43:45PM THIS IS REALLY NOTHING SHORT THAN A VERY PASSIONATE
2:43:49PM CHARACTER ASSASSINATION AGAINST THE TWO OWNERS.
2:43:52PM YOU KNOW, THE BUILDING HAS INVESTORS IT'S GOT TO ANSWER TO.
2:43:55PM IT'S A BUSINESS PLAN THAT'S NOT WORKING THE WAY IT WAS
2:44:00PM PITCHED AND THEY ARE LOOKING FOR SOMEBODY TO BLAME.
2:44:02PM SO WE ARE SITTING HERE TRYING TO BE NICE, AND WE ARE REALLY
2:44:06PM TRYING TO MAKE ENDS MEET, I MEAN, SOME OF OUR STAFF, YOU
2:44:11PM KNOW, THEY ARE EXPECTING -- TWO OF THEM HAVE NEWBORNS, ONE
2:44:15PM OF THEM YOU SAW EARLIER TODAY. SHUTTING DOWN A SMALL
2:44:17PM BUSINESS IS REALLY GOING TO CRIPPLE THE SMALL GUY, NOT THE
2:44:19PM BIG GUY OVER HERE.
2:44:25PM THINGS LIKE THIS DOES SCARE AWAY POTENTIAL INVESTORS MOVING
2:44:31PM FORWARD TO OTHER CONCEPTS. I HAVE PEOPLE FROM OUT OF TOWN
2:44:31PM THAT WANT TO INVEST IN THIS TOWN.
2:44:32PM THEY LOVE THE CONCEPT OF TAMPA BAY, BUT EVERY TIME SOMETHING
2:44:35PM LIKE THIS IS BROUGHT TO THE TABLE THAT A BUSINESS IS TO BE
2:44:38PM SHUT DOWN, IT REALLY DAMPERS OUR EFFORTS OF BRINGING MONEY
2:44:41PM IN FROM OUTSIDE INDUSTRY OR OUTSIDE AREAS, INTO THE TAMPA
2:44:46PM BAY AREA.
2:44:47PM THANK YOU.
2:44:47PM >>YVONNE CAPIN: CAN I ASK A QUESTION?
2:44:59PM WE ARE HEARING A LOT -- I AM GOING TO ASK YOU A QUESTION.
2:45:03PM WHEN IS THE LAST TIME WE HAD ONE OF THESE HEARINGS HERE?
2:45:06PM WHEN IS THE LAST TIME?
2:45:07PM >> THE LAST TIME YOU HAD A 27-318 HEARING WAS LAST JULY.
2:45:14PM IT'S BEEN A WHILE SINCE YOU HAVE HAD ONE THAT WAS NOT ONE OF
2:45:17PM THE R ZONING.
2:45:18PM >>YVONNE CAPIN: IT'S BEEN QUITE A LONG TIME.
2:45:23PM I CAN REMEMBER BECAUSE I REMEMBER IT WELL.
2:45:26PM >> IT WAS HOLLYWOOD KNIGHTS. IN 2013.
2:45:33PM >>YVONNE CAPIN: EXACTLY.
2:45:34PM AND YOU KNOW WHY WE DIDN'T?
2:45:35PM EXACTLY WHAT THEY JUST SAID.
2:45:37PM PEOPLE ARE EMPLOYED, WHOLESALERS, THE WHOLE NINE YARDS.
2:45:40PM BUT THAT BEING SAID, THAT THEY DIDN'T COMPLY, IT WAS VERY
2:45:45PM IMPORTANT TO ME.
2:45:45PM SO WHAT I WANT TO HEAR FROM THEM IS WHAT THEY ARE GOING TO
2:45:49PM DO OVER AND ABOVE THE REQUIREMENT.
2:45:54PM WANT TO KNOW WHAT TIME THEY ARE GOING TO STOP THE MUSIC.
2:45:57PM I WANT TO KNOW IF THEY ARE WILLING TO PUT IT ON THE SITE
2:45:58PM PLAN.
2:45:59PM THAT'S WHAT I WANT TO HEAR.
2:46:00PM >>KRISTIN MORA: LEGAL DEPARTMENT.
2:46:04PM UNFORTUNATELY, THERE IS NOT A LOT THAT CITY COUNCIL CAN DO
2:46:08PM IN TERMS OF REMEDYING.
2:46:10PM WE CANNOT ALTER THEIR SITE PLAN AT THIS JUNCTURE.
2:46:12PM >>YVONNE CAPIN: I'M ASKING THEM TO ALTER THEIR SITE PLAN.
2:46:16PM CAN THEY DO THAT?
2:46:18PM >>KRISTIN MORA: YOU CAN HOPE THAT THEY WILL.
2:46:22PM >>YVONNE CAPIN: HOPE THAT THEY WILL, NOT REQUIRING BUT I
2:46:25PM HOPE THAT THEY WILL.
2:46:27PM >>KRISTIN MORA: THE ONLY VEHICLE THE CITY COUNCIL HAS FOR
2:46:29PM COMPLIANCE IS A TWO PART; NUMBER ONE, IF THERE'S A
2:46:32PM VIOLATION, AND IF YOU DO FIND THERE'S A VIOLATION, THE
2:46:35PM ABILITY TO IMPOSE THE PENALTY FOR UP TO 30 DAYS SUSPENSION
2:46:38PM OF THE SALE OF ALCOHOL.
2:46:40PM THAT IS THE ONLY ENFORCEMENT MECHANISM THAT YOU HAVE AT THIS
2:46:44PM JUNCTURE.
2:46:44PM >>YVONNE CAPIN: OKAY.
2:46:47PM AGAIN, THE SUPPLIERS.
2:46:49PM AND THAT'S THE SAME REASON WE DIDN'T CLOSE HOLLYWOOD KNIGHTS
2:46:52PM AND THAT WAS HORRENDOUS.
2:46:54PM HORRENDOUS.
2:46:56PM SO NOW, AS I SAID, I HOPE THAT BETWEEN THE OWNERS OF THE
2:47:02PM PROPERTY, THE MANAGEMENT OF THIS ESTABLISHMENT, COME UP WITH
2:47:06PM A PLAN THAT THEY MOVE FORWARD, THAT IS OVER AND ABOVE
2:47:11PM ANYTHING THAT WE REQUIRE.
2:47:13PM BECAUSE AT THIS POINT, THEY ARE ON THIN ICE.
2:47:28PM LET ME SEE WHAT ELSE.
2:47:29PM AND ALLOW 30 DAYS FOR THEM TO DECIDE -- NOT TO DECIDE.
2:47:36PM I WANT THEM TO TELL ME TODAY WHAT THEY ARE GOING TO DO.
2:47:39PM BECAUSE THEY HAVE TO DO -- THEY HAVE TO DO WHAT WE REQUIRE.
2:47:43PM THEY HAVE TO DO THAT.
2:47:45PM AND WE CAN HOLD THEM ACCOUNTABLE, WHATEVER FINE, WHATEVER
2:47:49PM YOU SAID WE CAN DO.
2:47:50PM BUT I WANT TO HEAR HOW THEY ARE GOING TO FIX IT.
2:47:55PM BECAUSE WHEN HOLLYWOOD KNIGHTS CAME UP, DIDN'T TELL US HOW
2:47:58PM THEY WERE GOING TO FIX IT.
2:47:59PM ALL THEY SAID WAS ALL THESE PEOPLE ARE GOING TO LOSE THEIR
2:48:02PM JOB AND ALL THE WHOLESALERS AREN'T GOING TO BE ABLE TO
2:48:05PM SUPPLY THESE PEOPLE.
2:48:06PM AND GUESS WHAT.
2:48:07PM WE DIDN'T DO IT.
2:48:09PM SO I WANT TO HEAR.
2:48:10PM >> IF I COULD.
2:48:13PM I HAVE BEEN ASKED --
2:48:14PM >> YES?
2:48:16PM >>CATHERINE COYLE: PLANNING AND DEVELOPMENT.
2:48:16PM I HAVE BEEN ASKED BY LEGAL COUNCIL JUST TO MAKE A COUPLE OF
2:48:19PM CLARIFICATIONS PER NUMBER 6 ON YOUR LIST OF HEARING
2:48:24PM PROCEEDINGS.
2:48:25PM FOR ONE, O'NEAL DID CONTACT US BACK AND THERE HAVE BEEN
2:48:30PM SEVEN CALLS TO TPD FOR COMPLAINTS SINCE NOVEMBER 1st,
2:48:33PM 2018.
2:48:33PM I JUST WANT TO GET THAT ON THE RECORD.
2:48:35PM SINCE NOVEMBER 1ST OF 2018.
2:48:43PM THE SECOND THING -- THAT'S FINE.
2:48:48PM JUST A CLARIFICATION ON HOLLYWOOD KNIGHTS, YOU DID SUSPEND
2:48:51PM HOLLYWOOD KNIGHTS.
2:48:52PM THEY DID HAVE TO SHUT DOWN.
2:48:54PM >>YVONNE CAPIN: HOW LONG?
2:48:57PM >>CATHERINE COYLE: IT WAS 7 DAYS.
2:48:59PM YOU HAVE AN OPTION ZERO TO 30.
2:49:02PM THE FIRST DECISION YOU HAVE TO MAKE IS WHETHER OR NOT YOU
2:49:04PM FIND THEM IN VIOLATION.
2:49:05PM >> [OFF MICROPHONE]
2:49:12PM >>YVONNE CAPIN: I AM GOING TO WAIT TO HEAR FROM THEM.
2:49:15PM GO AHEAD. YOU ADD TO IT.
2:49:16PM THERE YOU GO.
2:49:16PM >>MIKE SUAREZ: YOU ASKED A COUPLE OF THINGS AND YOU ARE
2:49:19PM RIGHT.
2:49:20PM I DO REMEMBER WE DID REDUCE THE AMOUNT OF TIME FOR HOLLYWOOD
2:49:23PM KNIGHTS.
2:49:23PM AND I THINK IF I AM NOT MISTAKEN, I THINK BART LANDING WAS
2:49:27PM ANOTHER ONE WE HAD ALONG FRANKLIN, WHICH IS ONE OF THE OLDER
2:49:30PM BUILDINGS OVER THERE THAT WE SHUT THEM DOWN FOR A WHILE.
2:49:33PM BUT HERE IS A QUESTION.
2:49:34PM AND I AM ASKING STAFF.
2:49:36PM MRS. O'DONNELLY, YOU CAN JUST MOVE AWAY.
2:49:38PM I DON'T LIKE TO SEE TWO PEOPLE AT THE PODIUM AT ONE TIME.
2:49:41PM OKAY.
2:49:41PM SO THE OPTIONS ARE, ONE, WE FIND THEM IN VIOLATION.
2:49:45PM THEN TWO, THE AMOUNT OF TIME THAT WE WILL SUSPEND THEM.
2:49:47PM AND WE DO HAVE THAT LEEWAY UP TO HOW MUCH, 60 DAYS OR 90
2:49:54PM DAYS?
2:49:55PM >> 30 DAYS.
2:49:56PM >> MIKE SUAREZ: 30 DAYS.
2:49:59PM >> ON THE HANDOUT THAT I GAVE YOU EARLIER ON THE LAST --
2:50:05PM THERE ARE MOTIONS.
2:50:06PM >>MIKE SUAREZ: I SEE IT THERE.
2:50:08PM BUT WE ARE STILL IN A SITUATION WHERE THERE'S A LOT OF
2:50:11PM INFORMATION THAT WE RECEIVED CONCERNING DISCUSSIONS AS TO
2:50:15PM WHETHER OR NOT THEY WOULD EVER COMPLY.
2:50:17PM BACK IN 2017.
2:50:18PM THERE'S A LOT OF JARGON AND STUFF LIKE THAT. AFTER ALL OF
2:50:26PM INFORMATION, WE DON'T KNOW IF THEY EVER TRIED TO COMPLY.
2:50:28PM YOU HAVE AN INVESTOR OF THE COMPANY WHO IS SAYING NONE OF
2:50:30PM THIS MATTERS, AND YET, YOU KNOW, DIDN'T EVEN SAY WE SHOULD
2:50:35PM BE DOING THIS.
2:50:36PM AND I THINK THIS IS EXACTLY WHAT MRS. CAPIN IS SAYING WHICH
2:50:39PM IS WE HAVE THE ULTIMATE HAMMER RIGHT NOW AND EVERYBODY IS
2:50:42PM SAYING WE ARE BULLYING THEM OR NOT TREATING THEM RIGHT BUT
2:50:45PM NO ONE IS COMING UP WITH AN ANSWER.
2:50:46PM AND THAT'S PART OF THE PROBE THAT WE HAVE RIGHT NOW.
2:50:48PM SO I AM GOING TO ASK MRS. O'DONNELLY TO COME UP, IF YOU
2:50:53PM COULD COME ON UP.
2:50:54PM YOU HAVE HEARD WHAT MRS. CAPIN HAS SAID.
2:50:56PM YOU KNOW WHAT OUR OPTIONS ARE.
2:50:58PM OKAY.
2:50:58PM YOU UNDERSTAND THAT.
2:51:00PM WE ARE NOT SHUTTING DOWN A BUSINESS.
2:51:01PM WE ARE JUST HOLDING THEM ESSENTIALLY IN CONTEMPT OF THEM NOT
2:51:06PM FOLLOWING WHAT IS ALREADY ON THE SITE PLAN.
2:51:08PM SO IF YOU DON'T HAVE A PLAN FORWARD FOR IT, IT GOING TO BE A
2:51:14PM DIFFICULT DECISION FOR YOU ALL, NOT FOR US.
2:51:16PM >> RIGHT.
2:51:18PM AND I THINK WE ARE COME TO YOU IN A VERY DIFFERENT POSITION
2:51:20PM THAN THIS OTHER ESTABLISHMENT THAT WAS REFERENCED THAT WAS
2:51:23PM SUSPENDED FOR SEVEN DAYS.
2:51:25PM WE HAVE COME AND SHOWN THAT SINCE THE CITY TOLD US IN
2:51:28PM NOVEMBER, WE ARE MOVING FORWARD, WE ARE GOING TO END
2:51:30PM UPBRINGING THIS -- YOU KNOW, WE ARE GOING TO TAKE THIS TO
2:51:34PM THE EXTENT OF HAVING A HEARING, AND THIS IS OUR POSITION.
2:51:36PM WE DIDN'T KNOW THEIR POSITION.
2:51:37PM WE HAD SOMEONE ON STAFF PROVIDE TESTIMONY IN NOVEMBER SAYING
2:51:42PM THEY DIDN'T KNOW IF WE WERE OUT OF COMPLIANCE.
2:51:44PM AS SOON AS WE UNDERSTOOD THEIR POSITION, WE MADE MOVES.
2:51:47PM WE ARE HERE SHOWING YOU $60,000 WORTH OF WORK THAT'S ALREADY
2:51:50PM BEEN COMPLETED.
2:51:51PM I THINK THE ONLY PIECES REMAINING ARE THAT CATHY COYLE WENT
2:51:56PM OUT TO THE SITE TODAY AND IDENTIFIED SOME GAPS THAT SHE FELT
2:52:01PM SHOULD BE FILLED IN, AND WE AT LEAST SAID WE'LL WORK WITH
2:52:04PM YOU, WE'LL FIGURE THAT OUT.
2:52:05PM >>MIKE SUAREZ: I WANT TO STOP YOU FOR A SECOND.
2:52:09PM YOU MADE A STATEMENT, BECAUSE I KNOW YOU HAVEN'T BEEN ON
2:52:11PM THIS FROM THE BEGINNING SO I AM GIVING YOU A LOT OF LEEWAY.
2:52:16PM THERE'S A LOT OF E-MAILS CONCERNING FROM SUMMER OF 2017,
2:52:21PM OKAY.
2:52:22PM I BELIEVE -- AND I MAY BE WRONG ABOUT THAT.
2:52:24PM I WANT TO MAKE SURE I GET THIS RIGHT.
2:52:26PM ONE OF THE PEOPLE THAT IS PART OF THE OWNERSHIP GROUP IS
2:52:28PM STILL IN THAT ON OWNERSHIP GROUP AND IS ONE OF THE ONES THAT
2:52:32PM WAS COMMUNICATING WITH MR. MICHELINI AND MRS. DOCK.
2:52:35PM OKAY.
2:52:38PM [NO ENCODER]
2:53:27PM [NO ENCODER]
2:53:28PM >> COUNCIL, YOU KNOW, IN THREE MONTHS HAVING TO DEAL WITH
2:53:31PM THE EXACT SAME SITUATION.
2:53:32PM SO WE NEED SOME CLARIFICATION FROM YOUR SIDE, AND I THINK IT
2:53:36PM WILL GIVE SOME COMFORT BECAUSE I THINK MRS. CAPIN PUT IT
2:53:39PM PRETTY SUCCINCTLY, YOU KNOW.
2:53:43PM SO I THINK THAT THERE'S SOME ASPECT THAT WE ARE GOING TO
2:53:46PM HAVE TO KNOW SOMETHING, BECAUSE THIS IS NOT A GOOD RECORD
2:53:49PM FOR YOUR SIDE.
2:53:50PM >> AND I KNOW WE SUFFERED A COUPLE OF TIMES THROUGHOUT THIS
2:53:54PM VERY LONG DISCUSSION THAT WE ARE HAPPY TO LET A WINDOW OF
2:53:58PM TIME HAPPEN WHERE WE CAN GET WITH CATHY COYLE ON THE SITE
2:54:01PM AND LET HER SEE THE SPEAKERS THAT WILL GO IN.
2:54:03PM I THINK THAT'S THE OUTSTANDING ISSUE.
2:54:05PM EVERYTHING THAT NEEDS PHOTOS THAT YOU HAVE SEEN, NONE OF
2:54:08PM THAT EXISTED A COUPLE MONTHS AGO.
2:54:11PM SO THERE HAS BEEN A SIGNIFICANT EFFORT.
2:54:13PM I THINK THE EQUIPMENT THAT WAS TAKEN DOWN WAS VALUED AT LIKE
2:54:17PM $100,000 OF AUDIO EQUIPMENT.
2:54:20PM SO THIS IS BEING HANDLED IN A VERY, YOU KNOW -- IT'S VERY
2:54:25PM FAST FOR CHANGES THAT ARE HAPPENING, AND WE ANTICIPATE THAT
2:54:29PM WE WOULD HAVE NO PROBLEM IN HAVING SOME ON-SITE MEETINGS AND
2:54:33PM WRAPPING UP JUST THE FINAL QUESTIONS, BECAUSE I THINK ALL
2:54:37PM THAT'S LEFT ARE TO PUT THE SPEAKERS IN AND MAKE SURE THE
2:54:40PM PHONE PANELING IS CORRECT.
2:54:42PM AND YOU HAVE OUR WORD, AND I ASK THAT WE BE GIVEN 30 DAYS TO
2:54:46PM JUST MAKE THAT HAPPEN.
2:54:48PM LET US GET WITH STAFF ON-SITE.
2:54:50PM WE HAVEN'T HAD AN OPPORTUNITY TO DO THAT SINCE THESE NEW
2:54:52PM CHANGES.
2:54:53PM >>MIKE SUAREZ: AND I WANT TO BE SURE, TALK TO LEGAL AS TO
2:54:56PM WHETHER OR NOT WE CAN DO THAT AND SET IT OFF FOR 30 DAYS,
2:54:59PM AND THAT'S SOMETHING THAT WE CAN ASK.
2:55:01PM SO YOU COULD HAVE 30 DAYS WITH ALCOHOL, WITHOUT ALCOHOL.
2:55:04PM IF YOU UNDERSTAND WHAT I AM SAYING.
2:55:06PM >> YEAH, ABSOLUTELY.
2:55:09PM >>MIKE SUAREZ: HANG ON.
2:55:10PM IT A LITTLE DIFFERENT TO ASK FOR PERMISSION NOW AFTER WE
2:55:13PM HAVE A RECORD LIKE THIS.
2:55:14PM THAT'S THE PROBLEM.
2:55:15PM HAD THIS BEEN A DIFFERENT OWNER AND IT HAD NOT BEEN A PERSON
2:55:19PM THAT'S ALREADY PART OF YOUR OWNERSHIP GROUP THAT WAS SENDING
2:55:21PM E-MAILS BACK AND FORTH THE WAY OF THAT THEY WERE DOING, I
2:55:24PM THINK YOU MIGHT HAVE HAD CLEAN HANDS.
2:55:26PM I DON'T THINK YOU DO.
2:55:27PM THAT'S PART OF THE PROBLEM.
2:55:29PM AND I HOPE YOU FOLLOW WHAT I AM SAYING TO YOU.
2:55:31PM >> I DO.
2:55:32PM ONE THING THAT'S DIFFICULT ABOUT WHAT WE HEARD IS THAT WE
2:55:37PM HAVE THIS LITIGATION THAT'S GOING ON, AND WE HAVE PEOPLE WHO
2:55:40PM ARE INTERESTED IN ADVANCING THE LITIGATION AGENDA, AND SORT
2:55:44PM OF USING THIS --
2:55:46PM >> I CAN'T HELP YOU WITH LITIGATION.
2:55:47PM >> RIGHT.
2:55:49PM >>MIKE SUAREZ: GET WITH US ON THIS.
2:55:51PM I'M NOT TALKING ABOUT LITIGATION.
2:55:53PM >> MY ONLY POINT IS YOU GOT A SNAPSHOT OF PULLING OUT FROM,
2:55:56PM YOU KNOW, PILES AND PILES OF DOCUMENTS TRYING TO FIND THE
2:55:59PM ABSOLUTE, YOU KNOW, WORST, LOOKING AT E-MAIL THAT CAN BE
2:56:02PM PULLED OUT OF ALL OF THAT.
2:56:04PM THERE ARE LOTS OF OTHER THINGS THAT WERE GOING ON, FRANKLIN
2:56:07PM MANOR ALSO HAD DIFFERENT COUNSEL AT THAT TIME IN CONTRAST TO
2:56:11PM E-MAILS WITH MR. MICHELINI.
2:56:13PM WE DON'T KNOW WHAT WAS HAPPENING, YOU KNOW, ON THAT FRONT.
2:56:16PM SO I THINK IT'S A BIG PICTURE AND I KNOW THAT MAY NOT SOUND
2:56:25PM GREAT FROM YOUR PERSPECTIVE BUT WE HAVE TAKEN SOME SERIOUS
2:56:28PM STEPS TO BRING THIS FORWARD AND WE WANT TO GET ON THE SAME
2:56:31PM PAGE IMMEDIATELY, AS SOON AS POSSIBLE WITH THE CITY.
2:56:34PM >>MIKE SUAREZ: WE CAN ONLY GO ON THE RECORD THAT'S
2:56:36PM PRESENTED TO US.
2:56:37PM THAT'S ALL I CAN TELL YOU.
2:56:39PM OKAY?
2:56:39PM THANK YOU.
2:56:40PM >>HARRY COHEN: I HAVE NEVER, EVER BEEN HANDED A PILE OF
2:56:50PM DOCUMENTS LIKE THIS BEFORE IN A HEARING IN THIS ROOM.
2:56:55PM I AM FLABBERGASTED THAT THE FIRST THING -- AND I REALIZE YOU
2:56:59PM WERE NOT THE ATTORNEY ON THE CASE WHEN A LOT OF THIS
2:57:02PM HAPPENED, BUT THIS IS WILLFUL NONCOMPLIANCE DOCUMENTED IN A
2:57:08PM SERIES OF E-MAILS, THE LANDLORD ATTEMPTS TO TALK SENSE TO
2:57:14PM THE TENANT AND IS REBUFFED, AND MR. MICHELINI CLEARLY OVER
2:57:21PM AND OVER AGAIN IS ATTEMPTING TO TRY TO HELP REMEDY THE
2:57:25PM SITUATION, AND IS REBUFFED.
2:57:27PM AND OVER A YEAR AND A HALF WENT BY.
2:57:30PM I MEAN, HONESTLY, I JUST CAN'T BELIEVE THAT THE FIRST THING
2:57:36PM THAT DIDN'T COME OUT OF SOMEONE'S MOUTH WAS AN APOLOGY,
2:57:40PM BECAUSE THAT IS WHAT IS OWED TO THE COMMUNITY FOR BASICALLY
2:57:44PM SAYING SCREW THEM, WORSE THAN THAT, OBVIOUSLY, WE ARE NOT
2:57:50PM GOING TO DO IT, LET THEM TAKE US TO COURT.
2:57:54PM YOU KNOW, WE WORKED VERY, VERY HARD ON THIS NOISE ORDINANCE,
2:57:58PM AND WE DID IT FOR A REASON, BECAUSE WE GET COMPLAINTS FROM
2:58:00PM ALL OVER TOWN ABOUT EXACTLY THIS TYPE OF BEHAVIOR.
2:58:04PM AND, YOU KNOW, THE LANDLORD RECOGNIZED IT.
2:58:12PM THE OWNER'S OWN AGENT RECOGNIZED IT.
2:58:16PM BE, WOW, I JUST -- I MEAN, IT MAY BE SELECTIVE BUT IT PRETTY
2:58:21PM TOUGH STUFF.
2:58:22PM >> YEAH, AND I KNOW ONE OF THOSE E-MAILS I EVEN SAW THAT WAS
2:58:25PM FLASHED UP ON THE SCREEN SAID COULD WE NEED TO TALK TO AN
2:58:28PM ATTORNEY?
2:58:28PM SO THAT'S WHY I AM SAYING THERE WAS MORE GOING ON, BUT I
2:58:31PM ACTUALLY, TO YOUR COMMENT, WE WERE GOING TO BRING UP MR.
2:58:37PM DELMER TO SPEAK ON BEHALF OF THE OWNERSHIP AND JUST TALK
2:58:40PM ABOUT WHEREBY THEY ARE RIGHT NOW AND HOW THEY ARE MOVING
2:58:42PM FORWARD, AND WE WOULD REALLY APPRECIATE THAT OPPORTUNITY.
2:58:44PM >>HARRY COHEN: I THINK YOU ARE MOVING FORWARD IN GOD FAITH.
2:58:49PM I DOESN'T HAVE A THAN ISSUE WITH THAT.
2:58:51PM I THINK YOU ARE TRYING TO REMEDY IT.
2:58:54PM BUT THE SITUATION HAS GONE ON FOR A LONG TIME WITHOUT BEING
2:58:56PM REMEDIED AND THE LACK OF CLARITY, I DON'T REALLY SEE IT.
2:58:59PM I MEAN, LACHONE DOCK IS ASKING, HAVE THE SPEAKERS BEEN TAKEN
2:59:04PM DOWN?
2:59:04PM HAVE THE SPEAKERS BEEN TAKEN DOWN?
2:59:06PM HAVE THE SPEAKERS BEEN TAKEN DOWN?
2:59:08PM IF THEY ASKED ME THAT QUESTION, I WOULD TAKE THE SPEAKERS
2:59:11PM DOWN.
2:59:11PM >> AND I THINK PART OF WHAT MAKES THIS AGAIN REALLY
2:59:16PM CONFUSING IS THEORETICALLY WHAT SHOULD HAPPEN WOULD BE A
2:59:22PM HEARING JUST LIKE THIS, AND I THINK THAT'S PART OF THE
2:59:24PM HISTORY, IT'S MURKY, AND IT IS WHAT IT IS.
2:59:29PM WE ARE HERE NOW. THIS IS THE FIRST TIME WE HAVE BEEN CALLED
2:59:31PM FOR A HEARING.
2:59:32PM AND WE HAVE MADE ALL OF THE CHANGES WITH VERY MINOR
2:59:38PM EXCEPTIONS.
2:59:38PM BUT I REALLY WOULD LIKE THE OPPORTUNITY TO HAVE MR. DELMER
2:59:42PM SPEAK.
2:59:43PM >>FRANK REDDICK: NO, NO.
2:59:45PM WE HAVE A FULL AGENDA.
2:59:46PM >> I UNDERSTAND.
2:59:46PM >>CHAIRMAN REDDICK: AND WE NEED TO WRAP THIS UP.
2:59:49PM MR. MANISCALCO.
2:59:49PM >>GUIDO MANISCALCO: WHAT BE IS EXTREMELY FRUSTRATING IS
2:59:52PM FRANKLIN MANOR HAS TURNED AROUND THAT AREA, BECAUSE BEFORE
2:59:56PM THAT IT WAS DEAD.
2:59:57PM AND I APPRECIATE IT AND I SEE IT.
3:00:00PM WHEN A GENTLEMAN LIKE MR. MICHELINI WHO HAS DECADE OF
3:00:03PM EXPERIENCE SAYING, IF YOU DON'T DO THIS THIS IS GOING TO
3:00:05PM HAPPEN, HE KNOWS THE INS AND OUTS OF THE CITY, HE'S BEEN
3:00:09PM HERE FIRST HAND.
3:00:10PM YOU HAVE MR. McCARTY AS THE PROPERTY OWNER PLEADING WITH
3:00:14PM THEM RESPECTFULLY, HEY, PLEASE GET THIS TAKEN CARE OF.
3:00:17PM AND I AM LOOKING AT THE DATES 2017, A YEAR AND A HALF AGO.
3:00:19PM IT'S NOT A MATTER OF THEY CAN'T AFFORD TO MAKE THE
3:00:22PM IMPROVEMENTS, YOU KNOW, THEY JUST DON'T HAVE THE MONEY.
3:00:24PM IT'S BLATANTLY AS MR. COHEN ALREADY MENTIONED THUMBING THEIR
3:00:29PM NOSE AT THE CITY, SUE US, THIS, THAT, WHATEVER THE LANGUAGE
3:00:31PM WAS IN THESE E-MAILS.
3:00:34PM WHEN YOU HAVE RESIDENTS ACROSS THE STREET AND AROUND THE
3:00:36PM AREA COMPLAINING ABOUT THIS.
3:00:37PM THIS COULD HAVE BEEN AVOIDED.
3:00:38PM THIS SHOULD HAVE BEEN AVOIDED RESPONSIBLY AS ADULTS AND
3:00:42PM TAKEN CARE OF IN A DIFFERENT MANNER.
3:00:46PM I MEAN, THE E-MAILS SPEAK FOR THEMSELVES.
3:00:50PM AND ONCE AGAIN, IT FRUSTRATING BECAUSE I APPRECIATE
3:00:52PM EVERYTHING THEY HAVE DONE, THE RESTAURANTS UP THE STREET AND
3:00:56PM WHATNOT.
3:00:56PM IT'S TURNING AROUND FRANKLIN STREET.
3:00:58PM BUT WE HAVE RULES AND CODES AND REGULATIONS THAT ARE NOT
3:01:02PM JUST FOR THESE BUSINESS OWNERS BUT FOR EVERYBODY.
3:01:04PM AND WE HAVE TO ENFORCE THOSE.
3:01:06PM IT'S SIMPLE.
3:01:06PM IF I WERE IN THEIR POSITION, I WOULD BE LOSING SLEEP AT
3:01:09PM NIGHT TRYING TO COME INTO COMPLIANCE ESPECIALLY WHEN MR.
3:01:12PM MICHELINI, ONCE AGAIN BECAUSE HE HAS THE EXPERIENCE OF THESE
3:01:15PM CASES SAYING, IF YOU DON'T DO THIS, THERE WILL BE
3:01:19PM CONSEQUENCES.
3:01:19PM AND HERE WE ARE AT THIS HEARING IN 2019.
3:01:22PM THIS SHOULD HAVE BEEN AVOIDED.
3:01:23PM WE SHOULDN'T BE WASTING OUR TIME ON THIS.
3:01:25PM AND NOW WE ARE.
3:01:25PM >>FRANK REDDICK: MR. MIRANDA.
3:01:29PM >>CHARLIE MIRANDA: ON JUNE 24, 2217, ONE OF THE PROPRIETORS
3:01:34PM OF THE BUILDING WROTE SPECIFICALLY TO THIS AND ASKED THEM TO
3:01:41PM GET IT BEFORE THE CITY SHUTS YOU DOWN.
3:01:44PM THANKS FOR THE TIME -- THEY GET THIS.
3:01:50PM THE HELL WITH YOU.
3:01:51PM TO THE OWNER THEY SAID THAT.
3:01:53PM WHO ARE YOUR CLIENTS?
3:01:56PM THEY ARE GREAT RESTAURATEURS BUT THEY MUST BE STUPID.
3:02:01PM I'LL TELL THEM TO THEIR FACE RIGHT HERE.
3:02:02PM YOU GUYS ARE STUPID.
3:02:03PM >> WELL --
3:02:08PM >>CHARLIE MIRANDA: I AIN'T FINISHED.
3:02:09PM >> YEAH, SURE.
3:02:10PM >>CHARLIE MIRANDA: WE HAD THREE YEARS OF THIS.
3:02:14PM AND I BLAME IT PARTLY ON THE CITY WHEN IT WAS NOT BROUGHT
3:02:18PM INTO CODE EARLIER.
3:02:19PM WE HAVE TO CHANGE OUR RULE WHEN WE TALK ABOUT STYROFOAM,
3:02:24PM WHAT IS IT SPECIFIC AND EVERYTHING ELSE?
3:02:27PM BUT THIS COUNCIL, FROM WHAT I SEE HERE, I DON'T KNOW WHAT TO
3:02:34PM TELL YOUR CLIENTS.
3:02:36PM I DON'T KNOW WHO THEY THINK THEY ARE.
3:02:38PM THIS IS NOT CHICAGO.
3:02:39PM THIS IS NOT NEW YORK.
3:02:42PM IT IS NOT AT THE WATERFRONT.
3:02:44PM THIS IS NOT THE GODFATHER.
3:02:48PM UNDERSTAND ME?
3:02:51PM BUT THIS HERE IS NOT GOING TO BE WHAT THE CITY OF TAMPA IS
3:02:55PM ALL ABOUT.
3:02:57PM ALL THIS HERE, WE SPEND MORE MONEY, OR THEY HAVE, ON
3:03:01PM ATTORNEYS TODAY THAN FIXING THE PLATE.
3:03:04PM I DON'T UNDERSTAND IT.
3:03:06PM I DON'T UNDERSTAND WHAT CHIP ON THE SHOULDER THEY ARE
3:03:08PM CARRYING.
3:03:08PM I DON'T UNDERSTAND IT.
3:03:09PM I REALLY DON'T.
3:03:10PM I MET THEM YESTERDAY FOR THE FIRST TIME.
3:03:12PM I SAID THESE ARE TWO REAL NICE GUYS.
3:03:14PM AND I STILL THINK THEY ARE NICE GUYS.
3:03:17PM JUST POWER WENT TO THEIR HEADS.
3:03:19PM AND NOW THEY ARE PALE WENT THROUGH A WALL.
3:03:25PM THEY DON'T DO BUSINESS THIS WAY.
3:03:27PM YEAH, THIS ATTORNEY TRIED TO HELP YOU OUT, TRYING TO SOLVE
3:03:29PM THE PROBLEM.
3:03:30PM THE GENTLEMAN WHO CAME BEFORE YOU TRIED TO SOLVE THE
3:03:32PM PROBLEM.
3:03:33PM AND YOU BLEW THEM OFF.
3:03:36PM YOU BLEW THE JUDGE OFF.
3:03:40PM I GUESS.
3:03:43PM I DON'T KNOW WHAT THE REMEDY IS.
3:03:45PM BUT I DON'T CARE IF YOU STAY IN TAMPA OR NOT.
3:03:49PM HOW DO YOU LIKE THAT?
3:03:52PM YOU ARE NOT GOING TO DO BUSINESS IN THIS CITY IN THAT
3:03:54PM MANNER.
3:03:57PM THE GODFATHER IS NOT HERE ANYMORE.
3:04:01PM THANK YOU, MR. CHAIRMAN.
3:04:02PM >>LUIS VIERA: THANK YOU, MR. CHAIR.
3:04:04PM AND I AGREE WITH THE COMMENTS THAT WERE MADE.
3:04:07PM WHEN I READ THESE E-MAILS THE BIGGEST THING I SEE IS PRIDE,
3:04:11PM PRIDE, PRIDE, AND WE KNOW THAT PRIDE COMETH BEFORE THE FALL
3:04:16PM AND THE SAD PART IS THE FALL IS JUST NOT GOING TO BE
3:04:19PM SUSTAINED POTENTIALLY BY THE OWNERS OF THIS ESTABLISHMENT
3:04:22PM BUT BY THE WORKERS THAT WE WERE TALKING ABOUT.
3:04:24PM NOW, SOME FOLKS WERE TALKING ABOUT I THINK IT WAS DID 40, 50
3:04:29PM EMPLOYEES AND DISTRIBUTORS, ET CETERA.
3:04:31PM WHEN BUSINESS OWNERS ACT LIKE THIS, THEY CAN TAKE A HIT MANY
3:04:35PM TIMES.
3:04:35PM THEY HAVE A LOT OF MONEY.
3:04:36PM THEY ARE VERY AFFLUENT, ET.
3:04:39PM IT'S THE WORKERS THAT GET THE REAL FALL.
3:04:41PM WHETHER THEY ARE OUT OF WORK FOR A WEEK,ORS WHETHER THEY ARE
3:04:44PM OUT OF WORK FOR A MONTH, WHETHER THEY ARE OUT OF WORK
3:04:46PM FOREVER, IT'S GOING TO BE THE WORKERS AND THE EMPLOYEES.
3:04:48PM SO I THINK WHENEVER I HEAR THAT CROCODILE TEARS ARE BEING
3:04:54PM SHED REGARDING THE WORKERS, THE PROTECTION OF THE WORKERS
3:04:58PM BEGAN RIGHT HERE.
3:05:00PM AND WHEN WE SEE THIS KIND OF PRIDEFUL AND VULGAR DEFENSE OF
3:05:06PM THE INDEFENSIBLE, THE REAL VICTIMS ARE GOING TO BE THE
3:05:09PM WORKING FAMILIES REPRESENTED IN THIS BUSINESS.
3:05:12PM >> I DON'T -- I DON'T WANT TO -- I WOULD SAY JUST ONE
3:05:20PM COMMENT ON THIS.
3:05:21PM THE TIMING, I THINK THE CORRESPONDENCE YOU ARE SEEING THAT'S
3:05:26PM COINED OF A SNAPSHOT OF A BIGGER PICTURE.
3:05:28PM IT WAS A WHILE AGO, AND I WOULD LOVE FOR YOU TO HEAR FROM
3:05:32PM ONE OF THE OWNERS --
3:05:33PM >>FRANK REDDICK: WHEN WE WERE GOING TO PUBLIC COMMENTS,
3:05:33PM THEY HAD A RIGHT TO COME SPEAK DURING THE THREE MINUTES AND
3:05:41PM THEY DID NOT DO IT.
3:05:42PM >> I TOLD HIM HE COULD COME UP DURING MY REBUTTAL.
3:05:44PM >>FRANK REDDICK: SO WE GO TO MRS. CAPIN AND THEN FIVE
3:05:51PM MINUTES FOR REBUTTAL.
3:05:52PM MRS. CAPIN.
3:05:53PM >>YVONNE CAPIN: EVERYTHING OF THAT WE GOT, YOU KNOW, I
3:05:55PM LEARNED SOMETHING IN JUNIOR HIGH.
3:05:56PM NEVER PUT IN WRITING WHAT YOU ARE THINKING AT THAT MOMENT,
3:05:59PM EVER.
3:06:01PM THAT WAS JUNIOR HIGH.
3:06:02PM SO THAT BEING SAID, YOU KNOW, AS FAR AS CROCODILE TEARS, THE
3:06:12PM WORKERS, AND IT REALLY IS TRUE.
3:06:14PM IT REALLY IS TRUE.
3:06:15PM YOU DON'T ONLY HURT THE OWNERS.
3:06:18PM THEY GOT MONEY.
3:06:19PM YOU ARE REALLY HURTING -- IT'S REALLY A VERY DEEP SCHEDULE
3:06:25PM OF PEOPLE ALONG THE LINE.
3:06:28PM SO AS I SAID BEFORE, I WANTED TO HEAR FROM YOU AND YOUR
3:06:33PM PEOPLE WHAT OVER AND ABOVE -- I DON'T WANT TO HEAR YOU ARE
3:06:39PM COMPLYING.
3:06:39PM I WANT TO HEAR WHAT YOU ARE WILLING TO DO TO REALLY GET THIS
3:06:42PM AND BE REALLY GOOD STEWARDS OF THE CITY.
3:06:49PM AND I UNDERSTAND THE -- AS A MATTER OF FACT I AM GOING TO
3:06:52PM TELL YOU SOMETHING.
3:06:53PM YOU KNOW THAT PATIO?
3:06:54PM IT'S RIGHT ON THE CORNER.
3:06:55PM THERE WAS A BUILDING THERE.
3:06:56PM IT GOT TORN DOWN.
3:06:58PM I HAD A RESTAURANT IN THAT BUILDING IN 1980, 81, CALLED
3:07:05PM UPTOWN CAFE.
3:07:06PM SO YOU KNOW, I INVESTED IN IT.
3:07:08PM LET ME PUT IT THAT WAY.
3:07:10PM BUT THAT BEING SAID, I KNOW THE LOCATION.
3:07:13PM I KNOW THE WHOLE AREA.
3:07:22PM WHAT HAS COME UP HERE -- AND, YOU KNOW, TOO BAD WE DIDN'T
3:07:26PM HAVE A HEARING.
3:07:28PM WELL, YOU ARE HAVING ONE NOW.
3:07:29PM >> RIGHT.
3:07:31PM >>YVONNE CAPIN: THIS IS WHAT'S HAPPENING NOW.
3:07:32PM SO WE HAVE ZERO TO 30 DAYS SUSPENSION.
3:07:36PM ONE OF THE THINGS I WOULD LIKE TO MAYBE SEE IS CONTINUE THIS
3:07:39PM FOR 30 DAYS AND COME BACK AND SEE WHAT YOU DO, WITH THE
3:07:46PM OWNERS OF THE BUILDING, AND THE MANAGEMENT.
3:07:49PM >> I THINK THEY WOULD BE REALLY, REALLY GRATEFUL FOR THAT
3:07:52PM OPPORTUNITY.
3:07:53PM >>YVONNE CAPIN: I'M SURE THEY WILL BE GRATEFUL.
3:07:59PM I AM SURE OF THAT.
3:07:59PM >> I'M SURE THEY WOULD --
3:08:05PM >>KRISTIN MORA: IF I CAN MAKE A SUGGESTION FOR THE COUNCIL.
3:08:07PM KRISTIN MORA, LEGAL DEPARTMENT.
3:08:09PM AS I MENTIONED EARLIER, THERE ARE TWO PARTS TO WHAT YOU HAVE
3:08:13PM IN FRONT OF YOU.
3:08:16PM THIS HEARING.
3:08:17PM MY SUGGESTION WOULD BE YOU MIGHT WANT TO GO AHEAD AND MAKE A
3:08:20PM FINDING ON THE FIRST MOTION.
3:08:21PM AND THEN WAIT 30 DAYS.
3:08:25PM THAT MIGHT BE MORE APPROPRIATE FOR THE SECOND PART OF THAT
3:08:28PM MOTION.
3:08:28PM >>YVONNE CAPIN: YES, SIR.
3:08:33PM >>MARTIN SHELBY: IF I CAN, COUNCIL.
3:08:34PM ALSO FOR THE PURPOSES OF THE RECORD.
3:08:36PM I UNDERSTAND COUNCILWOMAN CAPIN, AND I RESPECT WHAT YOU ARE
3:08:39PM SAYING WITH THE OVER AND ABOVE.
3:08:42PM JUST FOR PURPOSES -- AND CERTAINLY THAT'S BEEN COMMUNICATED
3:08:46PM TO THEM.
3:08:46PM AND THEY CAN CERTAINLY COME BACK WITHIN 30 DAYS.
3:08:50PM IF 30 DAYS IS SUFFICIENT FOR COUNCIL.
3:08:51PM IF YOU WISH LONGER, THAT'S FINE, TOO.
3:08:53PM BUT MY POINT IS THAT IT SHOULD NOT TAKE THE FORM OF AN
3:08:57PM ACTION, THAT IN ORDER FOR THEM TO GET MERCY OF THIS COUNCIL
3:09:00PM THAT THEY HAVE TO DO SOMETHING THAT THE CODE DOES NOT
3:09:03PM REQUIRE THEM TO DO.
3:09:04PM >>YVONNE CAPIN: I UNDERSTAND.
3:09:06PM >>MARTIN SHELBY: THAT THEY ARE DOING IT OUT OF DURESS,
3:09:08PM PERHAPS.
3:09:08PM SO I KNOW WHAT YOU ARE ASKING FOR.
3:09:10PM BUT I JUST WANT TO MAKE IT CLEAR THAT COUNCIL DOES NOT HAVE
3:09:13PM THE AUTHORITY TO GO IN THAT DIRECTION.
3:09:15PM >>YVONNE CAPIN: RIGHT.
3:09:17PM >>MARTIN SHELBY: BECAUSE YOU WILL NOT MAKE YOUR DECISION
3:09:19PM BASED SOLELY ON THAT AT ALL.
3:09:21PM >>YVONNE CAPIN: NO.
3:09:22PM >>MARTIN SHELBY: BUT THAT DOESN'T PRECLUDE THEM FROM DOING
3:09:25PM THE --
3:09:26PM >>KRISTIN MORA:
3:09:27PM >> AND WE WERE IN THE POSITION OF SAYING WE WANT TO BE ON
3:09:30PM THE SAME PAGE.
3:09:31PM WE WANT TO MOVE FORWARD.
3:09:32PM AND SO I APPRECIATE THOSE COMMENTS.
3:09:35PM BUT WE ARE HERE TRYING TO DO RIGHT.
3:09:38PM >>YVONNE CAPIN: OKAY.
3:09:41PM SHOULD I DO THE FIRST MOTION?
3:09:45PM OKAY.
3:09:45PM >>MARTIN SHELBY: AND BEFORE WE GET TO REBUTTAL THERE'S ONE
3:09:50PM OTHER ITEM I WANT TO DO FOR HOUSEKEEPING AND THAT INVOLVES
3:09:53PM COUNCILMAN VIERA AND MANISCALCO, WITH REGARD TO EX PARTE
3:09:58PM COMMUNICATIONS.
3:09:59PM IS IT MY UNDERSTANDING THAT NEITHER OF YOU HAVE MET WITH
3:10:03PM ANYONE INVOLVED IN THIS CASE?
3:10:05PM >> I HAVE NOT.
3:10:07PM >>MARTIN SHELBY: OKAY.
3:10:08PM THANK YOU VERY MUCH.
3:10:08PM >>FRANK REDDICK: WE GO TO REBUTTAL AT THIS TIME.
3:10:15PM EACH OF YOU HAVE FIVE MINUTES.
3:10:16PM >>MARTIN SHELBY: EXCUSE ME, MAY I ASK MS. MORA, IS REBUTTAL
3:10:21PM ALSO FIVE MINUTES PER PARTY OR ARE YOU SPLITTING THAT AS
3:10:25PM WELL?
3:10:26PM >>KRISTIN MORA: MY SUGGESTION WOULD BE TO SPLIT IT.
3:10:28PM BUT I WILL LET COUNCIL --
3:10:33PM >>FRANK REDDICK: WHEN YOU SAY SPLIT IT, YOU ARE SAYING ONE
3:10:37PM FIVE MINUTES, SPLIT IT IN HALF?
3:10:40PM >>KRISTIN MORA: OR SPLIT IN WHATEVER MANNER THEY WOULD
3:10:43PM WANT.
3:10:43PM ONE FIVE MINUTE PERIOD WOULD BE MY SUGGESTION BUT YOU CAN
3:10:45PM TALK TO THE PARTIES IF THEY FEEL THEY NEED ADDITIONAL TIME.
3:10:59PM OKAY, MA'AM.
3:11:00PM THERE'S A FIVE MINUTE REBUTTAL PERIOD.
3:11:02PM THAT IS FOR EVERYONE.
3:11:03PM >> COUNCILMAN COHEN AND THE REST OF THE COUNCIL, I WANT TO
3:11:12PM EXTEND AN APOLOGY THAT YOU ASKED FOR AND DIDN'T COME FORTH.
3:11:15PM SO IT'S MY APOLOGIES FOR THE BEHAVIOR.
3:11:20PM AS A LANDLORD, I CAN ASSURE YOU THAT I WILL TAKE THE
3:11:24PM NECESSARY STEPS WITH THE TENANTS, WHATEVER THE LAW ALLOWS
3:11:29PM ME, AND I WILL GIVE THEM AN ULTIMATUM THAT EITHER THEY
3:11:33PM COMPLY WITH WHAT YOU REQUIRE, OR ELSE THEY CANNOT STAY ON
3:11:37PM THE PROPERTY AS MY TENANTS.
3:11:41PM THANK YOU.
3:11:41PM >> AND ON BEHALF OF OUR PARTNERSHIP AS WELL, I WILL MAKE
3:11:48PM SURE THAT AS OF TODAY THEY ARE GOING TO BECOME COMPLIANT, OR
3:11:52PM WHATEVER PROVISION WITHIN OUR LEASE AND FLORIDA STATUTES AND
3:11:55PM LAWS WE ARE GOING TO COMPLY WITH.
3:11:57PM SO WE ARE GOING TO WORK WITH OUR TENANT TO MAKE SURE THEY
3:11:59PM ARE IN COMPLIANCE.
3:12:00PM THANK YOU.
3:12:00PM >> AND I THINK YOU ALL HEARD ENOUGH FROM ME.
3:12:04PM AND I AM JUST GOING TO LET MR. DELMER COME UP AND SPEAK
3:12:07PM SINCE HE HASN'T HAD A CHANCE, AND HE CAN ANSWER ANY FURTHER
3:12:11PM QUESTIONS.
3:12:11PM >> LOU DELMER.
3:12:13PM I'M THE VISIONARY.
3:12:15PM I BELIEVE IN THE CITY OF TAMPA.
3:12:18PM I AM NOT PART OF THE OWNERSHIP OF FRANKLIN MANOR BUT I DO
3:12:21PM CONSULT WITH THEM ON THAT PARTICULAR PORTION.
3:12:24PM I AM PART OF THE INVESTMENT GROUP THAT IS OSTERIA, SOON TO
3:12:29PM BE ONE OTHER VENUE THAT WE CAN'T TALK ABOUT YET.
3:12:32PM WHAT I CAN ASSURE YOU NOW, AND SINCE I HAVE BEEN A PART OF
3:12:37PM THE LAST STATEMENTS THAT WAS GIVEN BY THE CITY OR THE LAST
3:12:42PM NOTIFICATION, IN NOVEMBER, THAT WE HAVE BEEN WORKING
3:12:45PM DILIGENTLY TO MAKE THOSE CHANGES THAT ARE REQUIRED TO
3:12:48PM ACTUALLY COMPLY.
3:12:51PM I LIKE THE FACT THAT LOOKING AT THE ABILITY TO EXCEED WITH
3:12:54PM YOU GUYS CAN EXPECT FROM THE FRANKLIN MANOR, I WILL DO
3:13:00PM EVERYTHING IN MY POWER TO MAKE SURE THAT HAPPENS ALONG WITH
3:13:03PM THE LANDLORDS, SO THAT IT CAN REMAIN A VIABLE ENTITY AND A
3:13:07PM GOOD PART OF THE CITY OF TAMPA, BECAUSE I BELIEVE EVEN UNDER
3:13:12PM A NEW FORMAT, WHICH IS ALREADY CHANGING, THAT IT CAN BE AN
3:13:17PM EXEMPLARY PART OF WHAT WE ARE ALREADY DOING FOR THAT PART OF
3:13:20PM DOWNTOWN TAMPA AND MAKING IT A DESTINATION.
3:13:25PM DO YOU HAVE ANY QUESTIONS FOR ME?
3:13:28PM OKAY.
3:13:28PM THANK YOU.
3:13:28PM >>FRANK REDDICK: ALL RIGHT.
3:13:40PM HOW MUCH TIME LEFT ON THE CLOCK?
3:13:41PM >> MY NAME IS DAVE ANDERSON, ONE OF THE MANAGING PARTNERS OF
3:13:44PM THIS BUSINESS.
3:13:46PM FRANKLIN MANOR WAS PUT TOGETHER ON TWO YEARS OF BEGGING FOR
3:13:50PM MONEY AT COFFEE SHOPS.
3:13:53PM WE BUILT IT WITH A SHOESTRING BUDGET.
3:13:56PM I AM NOT FROM A FAMILY OF MONEY.
3:13:58PM AND THAT'S ALL WE HAVE.
3:13:59PM AND NOW LUCKILY A LITTLE BIT OF SUCCESS WE HAD WAS DRAWN ON
3:14:02PM THE CELEBRITY CHEF FABIO VIVIANI.
3:14:07PM A LOT WAS SAID TODAY ABOUT THE SOUND ISSUE AND BOARDS AND
3:14:11PM EXPERTS, AND ET CETERA, ET CETERA.
3:14:12PM IF WE HAD ANOTHER FIVE HOURS YOU WOULD HEAR A LOT MORE OF
3:14:16PM HOW WE HAVE HIRED EXPERTS AND HE WAS IN LITIGATION WITH US,
3:14:23PM AND WE DROPPED ABOUT $12,000 ON THAT.
3:14:27PM CURRENTLY, WE SPENT ROUGHLY $60,000 TO -- I'M SORRY, TO FIX
3:14:35PM THE OUTSIDE THERE, AND YOU ASKED WHAT WE ARE GOING TO DO
3:14:38PM ABOVE AND BEYOND.
3:14:38PM ALL THE LARGE SPEAKERS ARE DOWN COMPLETELY.
3:14:41PM THERE'S ONLY GOING TO BE SMALL SPEAKERS INSIDE THOSE CABANAS
3:14:44PM WHICH ARE ALSO ON THE SITE PLAN WHICH WE HAVE ALSO BUILT IN
3:14:47PM ABOUT TWO WEEKS SOMEHOW.
3:14:49PM AND LIKE CATHERINE SAID, REALLY JUST A BOARD ISSUE AND I
3:14:54PM THINK WE WILL BE IN FULL COMPLIANCE.
3:14:56PM SO HOPEFULLY WE CAN WORK WITH THE CITY AND THEY CAN DO A
3:15:00PM SITE VISIT AND WE CAN REMEDY THIS PROBABLY WITHIN 14 DAYS.
3:15:06PM THAT'S REALLY ALL I AM HERE TO SAY.
3:15:07PM THANK YOU FOR YOUR TIME.
3:15:08PM >> CATHERINE O'DONNELLY: MY FINAL COMMENT, I PROMISE.
3:15:14PM WE REALIZE ON THAT 2011 SITE PLAN ARE NOT AS ARTFULLY
3:15:20PM CRAFTED.
3:15:21PM MAYBE A LOT OF AMBIGUITY.
3:15:23PM AGAIN, WE HAD BEEN FOAM PANELING.
3:15:26PM I THINK THESE ARE SOME OF THE THINGS WE CAN TALK ABOUT WITH
3:15:28PM THE STAFF IF WE ARE GIVEN TIME TO DO SO.
3:15:32PM >>HARRY COHEN: IN ADDITION TO BEING IN COMPLIANCE, ARE YOU
3:15:42PM ALSO WARRANTING TO US YOU WILL NO LONGER VIOLATE THE NOISE
3:15:45PM ORDINANCE?
3:15:46PM >> I WOULD RATHER --
3:15:49PM >>HARRY COHEN: I DON'T KNOW THAT YOU ARE ALLOWED TO SAY
3:15:51PM THAT YOU WON'T BREAK THE LAW.
3:15:55PM I WOULD LIKE TO HEAR ON THE RECORD THAT YOU ARE COMMITTED TO
3:15:58PM NOT BEING IN VIOLATION.
3:15:59PM >> YEAH, THEY ARE VERY COMMITTED AND HAVE SPENT A LOT OF
3:16:02PM MONEY ON A NOISE EXPERT TO GET THEMSELVES TO THAT PLACE, AND
3:16:05PM YOU HEARD THAT THERE WERE CALLS POST NOVEMBER WHEN A LOT OF
3:16:09PM THESE CHANGES TOOK PLACE, AND THERE HAVE BEEN NO CITATIONS
3:16:13PM SINCE THAT POINT.
3:16:13PM SO I THINK YOU ARE SEEING THE COMMITMENT, BUT WE ARE JUST
3:16:16PM KIND OF -- I THINK WE ARE AT THE FINAL STAGES OF GETTING THE
3:16:21PM SITE IN A PLACE WHERE THE CITY AGREES THAT WE ARE COMPLIANT
3:16:24PM WITH THE SITE PLAN.
3:16:25PM >>FRANK REDDICK: IS THAT --
3:16:33PM >>YVONNE CAPIN: THEY GOT MORE TIME?
3:16:35PM >>FRANK REDDICK: NO, NO.
3:16:38PM MRS. MANDELL?
3:16:47PM NOT YOU.
3:16:47PM >>JULIA MANDELL: ALL OF THE REBUTTAL THAT WE NEED AT THIS
3:16:55PM POINT IN TIME AND I THINK PROCEEDING FORWARD WITH THE
3:16:57PM KNOWLEDGE THAT BOTH OWNERS OF THE PROPERTY ARE ALSO GOING TO
3:17:00PM BE DOING THE BEST THEY CAN TO A SURE COMPLIANCE WITH THE
3:17:03PM SITE PLAN.
3:17:04PM I THINK IT SHOULD GIVE COUNCIL SOME COMFORT BECAUSE THEY
3:17:08PM HAVE BEEN TRYING TO DO THAT.
3:17:09PM THANK YOU.
3:17:09PM [BELL SOUNDS]
3:17:10PM >>FRANK REDDICK: ALL RIGHT.
3:17:11PM CAN WE GET A MOTION TO CLOSE THE PUBLIC HEARING?
3:17:13PM MOTION FROM MR. MIRANDA.
3:17:14PM SECOND BY MR. MANISCALCO.
3:17:15PM ALL IN FAVOR OF THE MOTION SAY AYE.
3:17:17PM OPPOSED?
3:17:18PM MRS. CAPIN.
3:17:18PM >>YVONNE CAPIN: YES.
3:17:19PM AS FAR AS THE FIRST --
3:17:26PM [NO ENCODER]
3:17:26PM [NO ENCODER]
3:17:47PM >>MARTIN SHELBY: YOU HAVE TO THEN MAKE THIS DETERMINATION.
3:17:49PM THE SAMPLE MOTION IS ON THE SCREEN AS WELL.
3:17:53PM >>YVONNE CAPIN: THAT'S WHAT I AM LOOKING AT.
3:17:56PM >>MARTIN SHELBY: I JUST ASK IF YOU CHOOSE TO ADOPT THAT
3:17:58PM MOTION THAT YOU RECITED OBVIOUSLY THE CHOICE TO MAKE WHETHER
3:18:01PM THEY HAVE OR HAVE NOT AND YOU CHOOSE THE APPROPRIATE --
3:18:06PM >>YVONNE CAPIN: IT SAID IN PART 1 AND PART 2.
3:18:10PM >>MARTIN SHELBY: YES, BUT IN ORDER --
3:18:13PM >>YVONNE CAPIN: THAT'S WHAT I AM LOOKING AT.
3:18:14PM EXACTLY.
3:18:15PM YES, RIGHT.
3:18:17PM THEN THE SECOND PART WOULD BE ANOTHER MOTION.
3:18:22PM THAT'S THE WAY I UNDERSTOOD IT.
3:18:23PM >>MARTIN SHELBY: THANK YOU.
3:18:24PM >>YVONNE CAPIN: I MAKE A MOTION THAT AFTER HEARING THE
3:18:28PM EVIDENCE PRESENTED AT THIS PUBLIC HEARING, CITY COUNCIL
3:18:32PM DETERMINES THAT SECTION 27-31-C-1 HAS BEEN VIOLATED BY THE
3:18:41PM PROPERTY OWNERS HOLDER OF THE ALCOHOLIC BEVERAGE LICENSE
3:18:47PM OPERATOR OF THE ESTABLISHMENT AND ANY AGENT OR EMPLOYEE
3:18:51PM THEREOF, SPECIFICALLY THAT THE CONDITIONS, LIMITATIONS AND
3:18:54PM RESTRICTIONS IMPOSED AT TIME OF APPROVAL IDENTIFIED BY STAFF
3:19:00PM HAVE BEEN VIOLATED.
3:19:01PM >>CHARLIE MIRANDA: SECOND.
3:19:02PM >>FRANK REDDICK: I GOT A MOTION BY MRS. CAPIN.
3:19:05PM SECOND BY MR. MIRANDA.
3:19:07PM FURTHER DISCUSSION ON THE MOTION?
3:19:08PM ALL IN FAVOR OF THE MOTION?
3:19:09PM OPPOSED?
3:19:10PM >>YVONNE CAPIN: OKAY.
3:19:13PM NOW, MY SECOND, THE PEOPLE.
3:19:23PM THE GRAVITY OF THE VIOLATION -- GRAVE.
3:19:29PM IT WAS GRAVE.
3:19:34PM AND SOME ACTIONS HAVE BEEN TAKEN TO CORRECT THE VIOLATIONS
3:19:38PM SINCE THEN, AND ANY PREVIOUS VIOLATIONS.
3:19:42PM BUT WHAT I WANT TO SAY IS WHEN THE OWNERS CAME UP AND SAID
3:19:46PM IN 14 DAYS THEY CAN CORRECT ALL THIS.
3:19:49PM SO IN TWO WEEKS, I WOULD PROBABLY IN TWO WEEKS EVERYTHING IS
3:19:56PM CORRECTED, AND I WANT TO KNOW IF THERE'S ANY NOISE VIOLATION
3:20:02PM IN BETWEEN NOW AND I SUGGEST THAT WE FIND OUT ABOUT THAT, IN
3:20:08PM BETWEEN NOW AND TWO WEEKS.
3:20:10PM >>CHARLIE MIRANDA: MRS. CAPIN, IF I MAY ASK, THE TWO WEEKS
3:20:15PM STARTING TOMORROW, BECAUSE TODAY DOES NOT DOWNTOWN.
3:20:18PM COUNT.
3:20:18PM STARTS TOMORROW, 14 DAYS.
3:20:20PM >>YVONNE CAPIN: 14 DAYS FROM TOMORROW WHICH TOMORROW IS THE
3:20:23PM 22ND.
3:20:23PM >>FRANK REDDICK: DOES IT INCLUDE THE SUSPENSION?
3:20:32PM >>MARTIN SHELBY: WELL, HERE IS THE THING, COUNCIL.
3:20:33PM MRS. MORA CAN COME UP.
3:20:37PM COME UP, YOU HAVE MADE A DETERMINATION THAT THEY ARE IN
3:20:39PM VIOLATION TODAY.
3:20:40PM IF YOU WISH TO HAVE A PERIOD OF TIME FOR THEM TO DO WHATEVER
3:20:46PM THEY WISH TO DO, WHATEVER ASSURANCES THAT THEY MAY GIVE TO
3:20:50PM YOU, TO ALLOW THEM TO COME BACK AT A CONTINUED PUBLIC
3:20:53PM HEARING FOR THE PURPOSES OF ADDRESSING NUMBER 2, THE SECOND
3:20:58PM PART, WHICH WOULD IN FACT BE THE PENALTY PHASE, YOU CAN SET
3:21:02PM THAT TODAY AS A CONTINUATION, A CONTINUANCE, AT A DATE AND
3:21:10PM TIME CERTAIN AT A REGULAR MEETING.
3:21:11PM IT DOESN'T HAVE TO BE SPECIFICALLY 14 DAYS, BUT --
3:21:15PM >>YVONNE CAPIN: THE CLOSEST TO 14 DAYS THAT'S A REGULAR
3:21:18PM MEETING.
3:21:19PM WE HAVE ANOTHER REGULAR MEETING TWO WEEKS FROM TODAY.
3:21:24PM >>MARTIN SHELBY: MARCH 7th IS YOUR NEXT REGULAR MEETING
3:21:26PM AND THE NEXT WOULD BE MARCH 21st.
3:21:29PM >>YVONNE CAPIN: THEN I PROPOSE THEY COME BACK WITH THEIR
3:21:31PM CORRECTIONS AND -- MARCH 7th.
3:21:38PM >>FRANK REDDICK: WHAT ABOUT THE SUSPENSION THEN?
3:21:41PM >>YVONNE CAPIN: I AM NOT PROPOSING ANY SUSPENSION.
3:21:44PM I AM NOT PROPOSING ANY SUSPENSION.
3:21:45PM I AM PROPOSING THEY FIX IT.
3:21:47PM YOU KNOW, I LOOK AT IT-- IF BETWEEN NOW, IF WE DON'T
3:21:54PM SUSPEND -- AND THERE'S A VIOLATION, A NOISE VIOLATION OR
3:21:58PM ANYTHING TOMORROW, THESE PEOPLE ARE REALLY, REALLY DUMB.
3:22:02PM THAT'S ALL I GOT TO SAY.
3:22:04PM YOU KNOW, I DON'T SEE WHY THERE HAS TO BE A SUSPENSION.
3:22:10PM ZERO TO MAX OF 30 DAYS.
3:22:12PM I'M SAYING ZERO SUSPENSION.
3:22:14PM BUT YOU HAVE TWO WEEKS TO COME BACK TO US, WHICH IS WHAT ONE
3:22:19PM OF THE OWNERS SAID THEY NEED.
3:22:21PM AND I THINK THE OWNERS OF THE PROPERTY ARE GOING TO HAMMER
3:22:25PM ON. THIS I FEEL THAT.
3:22:28PM YES, SIR.
3:22:29PM AM I SAYING SOMETHING --
3:22:32PM >>MARTIN SHELBY: NO, NO.
3:22:33PM THE THOUGHT, COUNCIL, WITH THIS CONTINUANCE YOU DO NOT HAVE
3:22:35PM TO MAKE ANY ACTION WHATSOEVER.
3:22:37PM YOU CANNOT DECIDE TODAY WHAT YOUR PEOPLE WILL BE AT THE TIME
3:22:41PM YOU COME BACK.
3:22:42PM YOU CAN HEAR ADDITIONAL EVIDENCE OR ADDITIONAL FACTS.
3:22:45PM THE STAFF CAN GIVE YOU A REPORT.
3:22:48PM IF TWO WEEKS IS A SUFFICIENT TIME.
3:22:50PM IN OTHER WORDS, LEAVE THAT WHOLE SECTION IN ABEYANCE.
3:22:52PM >>YVONNE CAPIN: OKAY.
3:22:55PM >>MARTIN SHELBY: UNTIL YOU HAVE THE FACT NECESSARY TO
3:22:57PM DETERMINE NUMBER TWO.
3:22:59PM >>YVONNE CAPIN: THAT'S WHAT I WAS GETTING AT BECAUSE
3:23:01PM SOMEBODY SAID SUSPENSION, AND I SAID, YEAH, WE'LL DETERMINE
3:23:04PM THAT IN TWO WEEKS WHAT WE ARE GOING TO DO IF ANYTHING AT
3:23:07PM THAT POINT IF WE ARE NOT SATISFIED WITH OUR STAFF, AND WE
3:23:12PM DON'T HAVE ANY MORE NOISE VIOLATIONS OR WHATEVER IT IS THAT
3:23:15PM COMES TO US IN TWO WEEKS.
3:23:17PM MARCH 7th TO RETURN.
3:23:19PM THAT'S MY MOTION.
3:23:19PM >>MIKE SUAREZ: AND YOU SECOND THE MOTION?
3:23:26PM >>CHARLIE MIRANDA: I'LL SECOND.
3:23:28PM >>YVONNE CAPIN: SOONER THAN LATER IT'S GOING TO END.
3:23:30PM SOONER THAN LATER THAN TWO WEEKS.
3:23:34PM >>MIKE SUAREZ: WE ARE NOT MAKING A MOTION, IT SOUND LIKE TO
3:23:37PM ME, MRS. CAPIN, AND I THINK THE LAWYERS WILL AGREE.
3:23:40PM WE ARE NOT MAKING A MOTION OF PENALTY FOR THE VIOLATION.
3:23:43PM AND, YOU KNOW, I THINK -- AND FOR ME THERE ARE TWO CHOICES.
3:23:48PM ONE, THE CHOICE THAT YOU HAVE CHOSEN TO COME BACK IN TWO
3:23:51PM WEEKS.
3:23:52PM BUT I THINK THAT MAYBE AS PART OF THE MOTION -- AND THIS IS
3:23:55PM JUST A SUGGESTION TO SEE WHAT YOU THINK -- THAT THEY CANNOT
3:23:58PM HAVE ANY KIND OF NO SOUND AT ALL, MEANING THEY CAN'T HAVE
3:24:03PM ANY KIND OF ENTERTAINMENT FOR THE NEXT TWO WEEKENDS AND COME
3:24:07PM BACK WITH THE FIX SO THAT WE KNOW.
3:24:10PM MY POINT IS THAT I KNOW WHAT HE'S GOING TO SAY, WE ARE
3:24:13PM ASKING THEM TO DO IT.
3:24:14PM WHETHER OR NOT THEY DO IT IS UP TO THEM, BECAUSE RIGHT NOW,
3:24:17PM I WOULD RATHER US DO A FINDING OF A VIOLATION OF, YOU KNOW,
3:24:22PM 14 DAYS WITHOUT THEM SERVING ALCOHOL, WHICH IS A MUCH BIGGER
3:24:27PM DEAL THAN THEM NOT HAVING ANY AMPLIFIED NOISE.
3:24:32PM >>YVONNE CAPIN: THIS IS NOT A --
3:24:37PM >> NO, I KNOW THAT.
3:24:38PM >>YVONNE CAPIN: YOU KNOW WHY YOU DON'T WANT TO DO THE
3:24:40PM NOISE?
3:24:41PM BECAUSE I WANT TO KNOW IF TWO WEEKS.
3:24:42PM AND I WANT TO SEE WHAT HAPPENS IN TWO WEEKS.
3:24:44PM >>MIKE SUAREZ: YEAH, AND I --
3:24:48PM >>YVONNE CAPIN: BECAUSE WE AREN'T GOING TO KNOW ABOUT IT --
3:24:51PM >> I THINK WE'LL KNOW.
3:24:53PM BUT I WILL SAY THIS.
3:24:54PM YOU KNOW, BECAUSE I'M REALLY MORE ALONG THOSE LINES OF THAT
3:24:58PM WE SHOULD FIND THE VIOLATION AND GIVE THEM THE TWO WEEKS.
3:25:01PM BUT I AM GOING TO GO WITH WHAT THE COUNCIL WANTS TO DO.
3:25:03PM AND IF YOUR MOTION PASSES OR WE GET ENOUGH VOTES WE'LL GO
3:25:07PM FORWARD WITH THAT.
3:25:07PM AND I DON'T HAVE A PROBLEM WITH YOUR SUGGESTION.
3:25:09PM I JUST THINK THAT WE HAVE THE ULTIMATE HAMMER NOW AND I
3:25:12PM THINK THE ONLY WAY WE CAN GET THEM INTO COMPLIANCE IS TO USE
3:25:15PM THE ULTIMATE HAMMER.
3:25:17PM >>YVONNE CAPIN: THIS IS GOING TO END IN TWO WEEKS.
3:25:20PM IT'S GOING TO END.
3:25:21PM THIS IS -- YEAH.
3:25:22PM >>HARRY COHEN: CAN I MAKE ONE SUGGESTION FOR THIS
3:25:26PM CONVERSATION?
3:25:26PM IT SEEMS TO ME YOU MIGHT WANT TO MAKE IT A LITTLE LONGER.
3:25:30PM BECAUSE WHAT WE ARE TRYING TO JUDGE HERE IS ARE THEY GOING
3:25:33PM TO COMPLY WITH NOT MAKING NOISE?
3:25:34PM AND TWO WEEKS, I MEAN, ANYBODY CANNOT MAKE NOISE FOR TWO
3:25:38PM WEEKS.
3:25:38PM I WANT TO SEE A CHANGE IN BEHAVIOR.
3:25:40PM >>YVONNE CAPIN: OKAY.
3:25:42PM THAT'S WHAT I AM SAYING.
3:25:44PM WE CAN'T TELL THEM -- WE CANNOT TELL THEM -- I WAS TRYING TO
3:25:47PM SAY THAT.
3:25:48PM I WAS TRYING TO SAY, LET ME SEE ON YOUR SITE PLAN IF YOU
3:25:52PM CAN -- IF YOU CAN -- AND MAYBE 30 DAYS IS BETTER TO KNOW.
3:25:59PM IF YOU ARE WILLING TO PUT IT IN WRITING, SINCE THEY WERE
3:26:02PM WILLING TO PUT EVERYTHING ELSE IN WRITING.
3:26:04PM >>MARTIN SHELBY: I THINK IT'S IMPORTANT TO RECOGNIZE THAT
3:26:11PM WHEN YOU ARE PRESENTED WITH A SITE PLAN, YOU HAVE THE
3:26:14PM ABILITY TO PLACE CONDITIONS ON THE SITE PLAN TO MITIGATE
3:26:19PM ADVERSE IMPACTS.
3:26:20PM IN THIS CASE WHEN YOU ARE TALKING ABOUT THE SPEAKERS AND YOU
3:26:22PM ARE TALKING ABOUT THE FOAM, THE PURPOSE WAS NOT TO DETERMINE
3:26:26PM THE DECOR OF THIS VENUE, IT WAS TO ADDRESS AT THE TIME WHAT
3:26:31PM THE COUNCIL THOUGHT WOULD BE ADVERSE IMPACTS.
3:26:33PM SO THERE IS A NEXUS BETWEEN THE NOISE ISSUES THAT THE
3:26:37PM COMMUNITY HEARD TESTIMONY ABOUT AND THE CURES THAT ARE BEING
3:26:41PM PROPOSED.
3:26:42PM AND THAT WAS THE CURES THAT WERE PLACED ON THE SITE PLAN AT
3:26:45PM THE TIME IN ORDER TO MITIGATE ADVERSE IMPACT.
3:26:47PM SO I UNDERSTAND WHAT MR. COHEN IS SUGGESTING, THAT WITH THAT
3:26:52PM NEXUS, 30 DAYS ALLOWS YOU AN OPPORTUNITY TO JUDGE WHETHER OR
3:26:56PM NOT --
3:26:58PM >>YVONNE CAPIN: IT'S GOING TO END IN TWO WEEKS, IT GOING TO
3:27:00PM END IN 30 DAYS ONE WAY OR ANOTHER.
3:27:02PM IF YOU PREFER 30 DAYS SO THAT WE CAN JUDGE WHAT --
3:27:09PM >>HARRY COHEN: I THINK WE NEED TO BE ABLE TO --
3:27:12PM >>YVONNE CAPIN: I'LL ACCEPT THAT.
3:27:13PM ANYONE ELSE WANT TO ADD TO?
3:27:15PM YES, SIR.
3:27:16PM >>MARTIN SHELBY: BY THIS CONTINUANCE I WANT TO BE CLEAR FOR
3:27:18PM THE RECORD THAT YOU ARE MAKING NO REPRESENTATIONS AS TO WHAT
3:27:22PM YOUR SUSPENSION PERIOD, IF ANY, WILL BE.
3:27:25PM >> CORRECT.
3:27:26PM >>YVONNE CAPIN: THAT'S RIGHT.
3:27:28PM >>HARRY COHEN: THAT'S STILL AN OPEN QUESTION.
3:27:30PM >>YVONNE CAPIN: IT IS AN OPEN QUESTION.
3:27:31PM SO I MADE MY MOTION.
3:27:34PM >>CHARLIE MIRANDA: ARE WE OPENING THE HEARING, CONTINUING
3:27:38PM IT, I BELIEVE, OR SHOULD WE DO THAT?
3:27:43PM YOU MADE THE MOTION TO CLOSE THE HEARING, DIDN'T WE?
3:27:47PM >>YVONNE CAPIN: THIS IS THE SECOND PART.
3:27:49PM >> I BELIEVE THAT YOU CAN DO A MOTION TO CONTINUE AND THEN
3:27:54PM HAVE THE HEARING REOPENED IN 30 DAYS, TO THEN MAKE A
3:27:58PM DECISION ON THE FINAL MOTION.
3:28:00PM >>YVONNE CAPIN: I MAKE A MOTION TO CONTINUE.
3:28:02PM AND THEN IN 30 DAYS -- TO CONTINUE IN 30 DAYS AND REOPEN?
3:28:08PM >>KRISTIN MORA: FOR THE LIMITED PURPOSE OF THE PEOPLE.
3:28:10PM >>FRANK REDDICK: LET'S REOPEN THE HEARING.
3:28:13PM >>MARTIN SHELBY: YES, PLEASE.
3:28:15PM >>FRANK REDDICK: I GOT A MOTION BY MR. COHEN.
3:28:17PM SECOND BY MR. MANISCALCO.
3:28:18PM ALL IN FAVOR?
3:28:18PM OPPOSED?
3:28:19PM ALL RIGHT.
3:28:19PM NOW, THE HEARING IS REOPENED.
3:28:21PM RESTATE --
3:28:22PM >>CHARLIE MIRANDA: MRS. CAPIN, DO YOU WANT TO MAKE A
3:28:26PM MOTION?
3:28:26PM IT WAS YOUR MOTION.
3:28:27PM >>YVONNE CAPIN: I MOVE THAT WE CONTINUE TO THE 30 DAYS FOR
3:28:31PM THE VIOLATION CORRECTION.
3:28:33PM >>CHARLIE MIRANDA: A SPECIFIC DATE ON THE CALENDAR.
3:28:36PM MR. COHEN?
3:28:38PM >>MARTIN SHELBY: AND THE TIME AGAIN?
3:28:39PM THE TIME AGAIN BEING 10:30?
3:28:42PM TIME CERTAIN?
3:28:43PM EXCUSE ME, NOT A TIME CERTAIN, BUT JUST A TIME TO BE SET FOR
3:28:46PM THE --
3:28:48PM >>CHARLIE MIRANDA: 10:30.
3:28:50PM >>YVONNE CAPIN: ON MARCH 21.
3:28:52PM IS THAT SATISFACTORY, MA'AM?
3:28:53PM I WANT TO MAKE SURE WE ARE LEGAL.
3:28:55PM >>KRISTIN MORA: CERTAINLY.
3:28:58PM FOR CLARITY FOR THE RECORD, THAT WOULD BE TO REOPEN FOR THE
3:29:00PM LIMITED PURPOSE OF ADDRESSING THE APPROPRIATE PENALTY.
3:29:02PM >> CORRECT.
3:29:04PM >>FRANK REDDICK: WE GOT A MOTION FROM MRS. CAPIN.
3:29:06PM SECONDED BY MR. MIRANDA.
3:29:08PM ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
3:29:10PM OPPOSED?
3:29:12PM OKAY.
3:29:14PM WE GO TO ITEM 58.
3:29:16PM >>YVONNE CAPIN: THANK YOU.
3:29:18PM >>BARBARA LYNCH: LAND DEVELOPMENT COORDINATION.
3:29:26PM (PAUSE)
3:29:46PM BARBARA LYNCH, LAND DEVELOPMENT COORDINATION.
3:29:48PM I WANTED TO WAIT FOR THEM TO LEAVE.
3:29:54PM THE REQUEST BY STRATEGIC PARTNER, PROPERTY PARTICIPATES TO
3:29:57PM VACATE SMALL SLIVERS OF RIGHT-OF-WAY IN DOWNTOWN AND
3:30:02PM CHANNELSIDE AREA FOR THE SPP'S REPLAT OF WATER STREET.
3:30:08PM THEY ARE ASKING FOR A PIECE OF THE MARINE, SOME PORTION OF
3:30:15PM CHANNELSIDE, AND IN RELATION WITH THE PREVIOUS VACATING IN
3:30:19PM THIS AREA, I GUESS WHEN THEY WERE OUT WORKING ON THE PLAT
3:30:23PM THEY FOUND THEY NEEDED TO DO SMALL AREAS TO COMPLETE THE
3:30:26PM PLATTING OF THIS PROJECT.
3:30:29PM SO I WENT OUT AND TOOK SOME PICTURES.
3:30:32PM THEIR PROPERTY IS IN RED AND ACTUALLY THIS DOES NOT REFLECT
3:30:35PM ALL THE VACATED AREA.
3:30:36PM THIS IS VACATED, VACATED.
3:30:38PM THEY PURCHASED MARINE, AND THIS IS VACATED.
3:30:41PM SO THE YELLOW AREAS ARE WHAT THEY ARE LOOKING TO VACATE IN
3:30:44PM ADDITION TO WHAT WAS PREVIOUSLY VACATED TWO YEARS AGO.
3:30:46PM SO WE HAVE A PICTURE OF -- EVERYTHING IS UNDER CONSTRUCTION
3:30:50PM OUT THERE SO THE PICTURES ARE LIMITED AND THIS IS NEAR THE
3:30:54PM USF MEDICAL CENTER.
3:30:56PM THERE'S CHANNELSIDE DRIVE ON THE NORTH SIDE JUST EAST OF
3:31:00PM NEBRASKA.
3:31:00PM AND THAT'S LOOKING WEST OF NEBRASKA AND BROREIN STREET.
3:31:07PM THE AREA IS COMPLETELY UNDER CONSTRUCTION AT THIS TIME.
3:31:10PM STAFF HAS NO OBJECTION.
3:31:11PM THERE'S NO EASEMENTS REQUIRED.
3:31:13PM HOWEVER, WE DO HAVE ONE PROVISION.
3:31:15PM THEY ARE SUPPOSED TO BE BRINGING THE PLAT IN FOR COUNCIL
3:31:17PM APPROVAL ON 3-7, AND SO SECOND READING WOULD COINCIDE WITH
3:31:22PM THE PLAT. IF THERE'S ANY DELAY LIKE TO 3-21 DATE FOR THE
3:31:26PM PLAT, THEN WE WOULD HAVE TO MOVE THE SECOND READING TO THAT
3:31:28PM DATE, TOO.
3:31:30PM AT THIS TIME WE ARE ANTICIPATING THAT THEY WILL BE READY TO
3:31:33PM GO ON 3-7.
3:31:34PM >>FRANK REDDICK: ANY QUESTIONS OF STAFF?
3:31:38PM ALL RIGHT.
3:31:38PM >> SCOTT GILNER WITH KIMLEY-HORN AND ASSOCIATES, I'M THE
3:31:48PM AGENT REPRESENTING STRATEGIC PARTNERS.
3:31:50PM WE ARE HERE TO ANSWER ANY QUESTIONS IF YOU HAVE ANY.
3:31:53PM AND WE CONCUR WITH BARBARA ON THE COINCIDING THE PLAT WITH
3:31:58PM THE SECOND READING.
3:32:00PM >> ANY E-MAILS YOU WANT TO GIVE US OR ANYTHING?
3:32:03PM >> I'LL PASS.
3:32:04PM I SAT THROUGH IT ALL AND I'LL PASS.
3:32:06PM (LAUGHTER).
3:32:08PM >>CHARLIE MIRANDA: THE CITY HAS NO PLANS FOR EXTENSION OF
3:32:11PM ROAD OR ANYTHING LIKE THAT?
3:32:15PM >>BARBARA LYNCH: NO.
3:32:15PM THE PLAT IS GOING TO REALIGN SOME OF THE RIGHT-OF-WAY SPACE
3:32:19PM BASICALLY.
3:32:21PM SO THAT'S ALL WORKED OUT WITH TRANSPORTATION.
3:32:22PM >>FRANK REDDICK: ANYONE IN THE PUBLIC WISH TO SPEAK ON ITEM
3:32:25PM 58?
3:32:25PM >>CHARLIE MIRANDA: MOVE TO CLOSE.
3:32:26PM >> SECOND.
3:32:28PM >>FRANK REDDICK: SECONDED BY MR. COHEN.
3:32:30PM ALL IN FAVOR OF THAT MOTION?
3:32:31PM OPPOSED?
3:32:32PM MR. COHEN.
3:32:33PM >>HARRY COHEN: I MOVE AN ORDINANCE BEING PRESENTED FOR
3:32:36PM FIRST READING CONSIDERATION, AN ORDINANCE VACATING, CLOSING,
3:32:38PM DISCONTINUING, AND ABANDONING RIGHT-OF-WAY LOCATED NORTHWEST
3:32:43PM OF THE INTERSECTION OF BROREIN STREET AND JEFFERSON STREET
3:32:46PM IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY FLORIDA THE SAME
3:32:48PM BEING MORE FULLY DESCRIBED IN SECTION 1 HEREOF SUBJECT TO
3:32:52PM CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS MORE
3:32:55PM PARTICULARLY SET FORTH HEREIN PROVIDING AN EFFECTIVE DATE.
3:32:56PM >> SECOND.
3:32:58PM >>FRANK REDDICK: GOT A MOTION BY MR. COHEN.
3:33:00PM SECOND BY MR. MIRANDA.
3:33:01PM ALL IN FAVOR OF THE MOTION SAY AYE.
3:33:03PM OPPOSED?
3:33:03PM >> SECOND READING AND ADOPTION WILL BE HELD ON MARCH
3:33:09PM 21st, 2019 AT 9:30 A.M.
3:33:11PM >>FRANK REDDICK: ALL RIGHT.
3:33:13PM >> EXCUSE ME.
3:33:16PM WHEN WAS SECOND READING?
3:33:17PM I'M SORRY?
3:33:24PM I THINK 3-7.
3:33:30PM 3-21 IS GOING TO WORK FOR YOU?
3:33:35PM OH, OKAY, OKAY.
3:33:37PM THANK YOU.
3:33:37PM THAT'S FINE.
3:33:38PM >>FRANK REDDICK: NUMBER 59.
3:33:39PM >>BARBARA LYNCH: LAND DEVELOPMENT COORDINATION.
3:33:45PM VAC 19-05 IS A REQUEST TO VACATE AN ALLEY, A PORTION OF AN
3:33:50PM ALLEY LOCATED GENERALLY AT 2905 NORTH OLA STREET.
3:33:54PM I HAVE A MAP FOR THE OVERHEAD.
3:33:58PM THIS ALLEY IS SOUTH OF KEYES, NORTH OF WARREN, BETWEEN OLA
3:34:04PM AND HIGHLAND.
3:34:05PM THE APPLICANT IS REQUESTING A PART OF THE NORTH -- I MEAN
3:34:08PM THE EAST-WEST ALLEY BE VACATED.
3:34:11PM WE COULDN'T REQUEST THAT THE REMAINDER OF THE ALLEY BE
3:34:14PM VACATED BECAUSE THERE ARE SOME STRUCTURES IN THERE AND
3:34:16PM TYPICALLY WE WON'T VACATE RIGHT-OF-WAY WHERE THERE ARE
3:34:19PM STRUCTURES BECAUSE IT CREATES SEVERAL PROBLEMS.
3:34:23PM AND I'LL SHOW YOU.
3:34:25PM THE PLAT.
3:34:26PM THE PART THAT THEY ARE ASKING FOR IS HERE.
3:34:28PM AND THEN IT RUNS BY THE NORTH-SOUTH ALLEY SO THESE ARE NOT
3:34:34PM LANDLOCKED SO THIS PIECE COULD BE VACATED SO THE OWNER'S
3:34:37PM PROPERTY IS IN RED AND THE PORTION OF THE ALLEY TO BE
3:34:40PM VACATED IS IN YELLOW.
3:34:42PM I HAVE A PICTURE OF THE PROPERTY.
3:34:48PM THIS IS THE PROPERTY LOOKING EAST FROM OLA.
3:34:51PM THIS IS THE PETITIONER'S PROPERTY.
3:34:53PM AND THEN THIS IS NORTH OF WARREN.
3:35:01PM AND THEN THE ALLEY.
3:35:04PM AND THE REMAINING PORTION OF THE ALLEY ARE BLOCKED.
3:35:07PM AND I TALKED TO SOME OF THE ACTUAL OWNERS THAT ARE HERE
3:35:10PM TODAY.
3:35:10PM THEY MAY BE FILING AN APPLICATION FOR THE REST OF THE ALLEY.
3:35:14PM BUT I TOLD THEM THEY HAD TO MOVE THE SHED OUT.
3:35:16PM STAFF HAS NO OBJECTIONS TO THIS REQUEST.
3:35:18PM >>FRANK REDDICK: ANY QUESTIONS BY STAFF?
3:35:24PM ALL RIGHT.
3:35:25PM APPLICANT?
3:35:25PM >> MY NAME IS RICHARD YARDE.
3:35:31PM I'M THE OWNER AT 2905 OLA.
3:35:36PM I ALSO LIVE DIRECTLY ACROSS THE STREET AT 2908 OLA.
3:35:41PM THE REASON WE PURCHASED IT BECAUSE IT WAS A ABANDONED HOUSE.
3:35:45PM THERE WAS A LOT OF TRAFFIC GOING THROUGH THE ALLEY IN TERMS
3:35:48PM OF VACANT CARS AND PEOPLE WALKING THROUGH THERE AND DRUGS
3:35:51PM AND THINGS OF THE SORT.
3:35:52PM SO WE PURCHASED THE PROPERTY AND TRYING TO GET IT CLEANED UP
3:35:55PM AND GET THE ALLEY VACATED SO WE CAN MOVE FORWARD.
3:36:00PM WE DO HAVE HERE JUSTIN WHO IS WILLING TO SPEAK AS WELL.
3:36:04PM HE LIVES IN THE NEIGHBORHOOD AS WELL.
3:36:06PM AND IS THERE ANY QUESTIONS THAT YOU GUYS WOULD HAVE FOR ME?
3:36:10PM >>FRANK REDDICK: NO.
3:36:13PM >> JUSTIN RICKE, 103 EAST 26th AVENUE, TAMPA, FLORIDA.
3:36:25PM PRESIDENT OF THE TAMPA HEIGHTS CIVIC ASSOCIATION.
3:36:27PM MY LAND USE COMMITTEE HAS REVIEWED THIS PETITION.
3:36:30PM THEY FOUND NO REASON TO HAVE ANY ISSUE WITH IT.
3:36:34PM I CAN SAY THAT MR. YARDE HAS MADE SIGNIFICANT IMPROVEMENTS
3:36:38PM TO THIS PROPERTY, NOT ONLY JUST THIS PROPERTY BUT
3:36:40PM SURROUNDING PROPERTIES, INCREASING THE VALUE AND THE QUALITY
3:36:43PM OF LIFE OF HIS FELLOW NEIGHBORS.
3:36:45PM I REALLY APPRECIATE EVERYTHING HE'S DONE IN THIS AREA.
3:36:48PM IT'S DEFINITELY MADE A BIG DIFFERENCE, THE HOUSE THAT HE'S
3:36:51PM MADE THE RENOVATIONS TO IS NIGHT AND DAY.
3:36:54PM REALLY, IT IS.
3:36:55PM WE HAD A LOT OF PROBLEMS WITH PROSTITUTION, DRUGS, HOMELESS
3:36:59PM ENCAMPMENT ON THE PROPERTY.
3:37:00PM WE DON'T HAVE THOSE PROBLEMS ANYMORE.
3:37:02PM SO I WOULD JUST INCH YOU TO PLEASE APPROVE THE PETITIONER'S
3:37:06PM REQUEST.
3:37:06PM THANK YOU.
3:37:07PM >>FRANK REDDICK: ALL RIGHT.
3:37:08PM ANYBODY IN THE PUBLIC WISH TO SPEAK ON ITEM NUMBER 59?
3:37:13PM MIRANDA MOVE TO CLOSE.
3:37:14PM >> SECOND.
3:37:14PM >>FRANK REDDICK: GOT A MOTION FROM MR. MIRANDA.
3:37:17PM SECONDED BY MR. COHEN.
3:37:20PM ALL IN FAVOR OF THAT MOTION SAY AYE.
3:37:22PM OPPOSED?
3:37:24PM MR. MANISCALCO.
3:37:24PM >>GUIDO MANISCALCO: I HAVE AN ORDINANCE VACATING, CLOSING,
3:37:28PM DISCONTINUING, AND ABANDONING A RIGHT-OF-WAY ALLEYWAY
3:37:33PM LOCATED SOUTH OF KEYES AVENUE NORTH OF WARREN AVENUE EAST OF
3:37:37PM OLA AVENUE AND WEST OF HIGHLAND AVENUE IN WARREN AND KEYES
3:37:42PM SUBDIVISION A SUBDIVISION IN THE CITY OF TAMPA, FLORIDA
3:37:45PM HILLSBOROUGH COUNTY FLORIDA THE SAME BEING MORE FULLY
3:37:47PM DESCRIBED IN SECTION 1 HEREOF SUBJECT TO CERTAIN EASEMENT
3:37:50PM PRESERVATIONS, COVENANT, CONDITIONS AND RESTRICTIONS MORE
3:37:53PM PARTICULARLY SET FORTH HEREIN PROVIDING AN EFFECTIVE DATE.
3:37:55PM >>FRANK REDDICK: GOT A MOTION FROM MR. MANISCALCO AND
3:38:00PM SECONDED.
3:38:02PM ALL IN FAVOR?
3:38:03PM >> SECOND READING AND ADOPTION WILL BE HELD ON MARCH
3:38:05PM 21st, 2019 AT 9:30 A.M.
3:38:08PM >>FRANK REDDICK: WE GO TO ITEM NUMBER 60.
3:38:12PM >>KRISTIN MORA: LEGAL DEPARTMENT.
3:38:18PM AS AN INITIAL MATTER, I WILL BRING UP THAT THERE WAS A
3:38:21PM CONTINUANCE REQUEST BY A THIRD PARTY ON THIS APPLICATION, IF
3:38:26PM COUNCIL WOULD LIKE TO HEAR THE CONTINUANCE REQUEST AS WELL
3:38:31PM AS THE APPLICANTS BEFORE WE PROCEED WITH THE HEARING ON
3:38:35PM THIS.
3:38:36PM IT'S UP TO YOU.
3:38:36PM >> SCOTT STEADY WITH BURR FORMAN.
3:38:45PM I REPRESENT THE APPLICANT PETITIONER.
3:38:47PM WE WOULD LIKE TO PROCEED.
3:38:49PM BASICALLY THIS HOUSE IS FINISHED.
3:38:51PM IT READY TO BEING OCCUPIED SHORTLY AND WE WOULD LIKE TO
3:38:54PM PROCEED AND WE THINK IT'S A PRETTY STRAIGHTFORWARD MATTER.
3:39:05PM AND IT'S NOT CLEAR TO ME -- BY THE WAY, AT THE SAME TIME, I
3:39:08PM WOULD SAY SINCE I AM TRYING TO BE COOPERATIVE, BUT AT THE
3:39:11PM SAME TIME WE ARE THE APPLICANT.
3:39:12PM I DON'T KNOW IF SIMPLY A PERSON THAT'S OF NOTICE CAN -- THAT
3:39:18PM CITY COUNCIL CAN ENTERTAIN A REQUEST.
3:39:20PM I DON'T THINK THEY HAVE STANDING, BY THE WAY.
3:39:23PM SO I DON'T WANT -- I DON'T WANT TO GIVE TOO SHORT A SHIFT
3:39:29PM FOR THIS.
3:39:30PM WE NOTICED IT AND WE ARE READY TO GO.
3:39:31PM >> OKAY.
3:39:33PM >>JULIA MANDELL: GRAY ROBINSON.
3:39:37PM I AM REPRESENTING THIRD PARTY WHO LIVES BEHIND THE PROPERTY,
3:39:41PM WHO AS I STATED IN THE LETTER COULD NOT BE HERE TODAY, AND I
3:39:44PM DO AGREE WITH MR. STEADY.
3:39:46PM IT'S NOT AS A MATTER OF RIGHT.
3:39:48PM I DID WANT TO MAKE IT PART OF THE RECORD JUST IN CASE IT WAS
3:39:51PM SOMETHING COUNCIL WANTED TO REQUEST OR THE APPLICANT WANTED
3:39:53PM TO CONSIDER.
3:39:54PM I AM PREPARED TO PROCEED FORWARD WITH THE UNDERSTANDING THAT
3:39:56PM MY CLIENT COULD NOT BE HERE TODAY, AND HIS TESTIMONY THAT
3:40:00PM WAS PREVIOUSLY PLACED IN THE RECORD WILL NEED TO BE BROUGHT
3:40:03PM FORWARD INTO THIS RECORD.
3:40:04PM THANK YOU.
3:40:04PM >>FRANK REDDICK: STAFF?
3:40:20PM >>KRISTIN MORA: I DIDN'T HEAR A MOTION TO CONTINUE SO I
3:40:22PM ASSUME COUNCIL WOULD LIKE ME TO PROCEED.
3:40:24PM >>FRANK REDDICK: DO WE HAVE A MOTION TO CONTINUE?
3:40:25PM >>KRISTIN MORA: I'LL PROCEED.
3:40:29PM KRISTIN MORA, LEGAL DEPARTMENT.
3:40:31PM THIS IS FOR PROPERTY AT 2620½ NORTH DUNDEE STREET. THIS WAS
3:40:36PM A VARIANCE, FROM THE VARIANCE REVIEW BOARD, AND IT WAS TO
3:40:41PM INCREASE THE HEIGHT OF THE FENCE IN THE FRONT YARD FROM 6
3:40:45PM FEET TO REDUCE THE SET YARD SETBACK FROM 20 FEET TO 8 FEET
3:40:49PM AND WITH ALLOWED ENCROACHMENT FOR EVES AND GUTTERS.
3:40:53PM THE VARIANCE REVIEW BOARD DENIED THIS 5-0 STATING THE
3:41:00PM HARDSHIP CRITERIA HAD NOT BEEN MET.
3:41:03PM THE CRITERIA BEFORE YOU TODAY IS A DECISION DE NOVO HEARING,
3:41:07PM AND YOU HAVE THE ABILITY TO HEAR THIS UNDER -- AND THE
3:41:11PM CRITERIA THAT YOU WILL APPLY ARE THE CRITERION OF SECTION
3:41:16PM 27-80 OF OUR CODE.
3:41:18PM THE POTENTIAL MOTIONS OF CITY COUNCIL WHICH ARE STATED ON
3:41:22PM THE HANDOUT THAT I PROVIDED TO YOU ARE TO AFFIRM THE BOARD'S
3:41:25PM DECISION WHICH NEED TO UPHOLD THE DENIAL, OVERTURN THE BOARD
3:41:30PM DECISION AND APPROVE THE VARIANCE, AND YOU MAY ALSO ADD
3:41:33PM CONDITIONS AT THAT TIME, OR YOU COULD REMAND TO THE BOARD IF
3:41:35PM YOU FEEL THERE'S FURTHER WORK THAT NEEDS TO BE DONE BY THE
3:41:37PM VARIANCE THAN REVIEW BOARD.
3:41:39PM ERIC COTTON WILL PROVIDE SOME OF THE INFORMATION AND
3:41:42PM BACKGROUND ON THIS.
3:41:44PM THANK YOU.
3:41:44PM >>MARTIN SHELBY: IF I CAN, MR. CHAIRMAN, IF COUNCIL WOULD
3:41:49PM PLEASE RECEIVE AND FILE ANY DOCUMENTS THAT NEED TO BE FILED
3:41:54PM BEFORE THE HEARING PROGRESSES.
3:41:56PM >> SO MOVED.
3:41:57PM >> SECOND.
3:41:57PM >>FRANK REDDICK: GOT A MOTION FROM MR. SUAREZ.
3:42:00PM SECOND BY MR. COHEN.
3:42:01PM ALL IN FAVOR?
3:42:02PM OPPOSED?
3:42:03PM >>MARTIN SHELBY: AND IF THERE'S ANY EX PARTE COMMUNICATIONS
3:42:05PM PLEASE DO DISCLOSE THEM AT THIS TIME.
3:42:07PM SEEING NONE, I THANK YOU VERY MUCH.
3:42:11PM >>ERIC COTTON: LAND DEVELOPMENT COORDINATION.
3:42:12PM AS MS. MORA WAS JUST SUMMARIZING.
3:42:15PM FOR THE VARIANCE REVIEW BOARD IN NOVEMBER AND THE BOARD
3:42:19PM DENIED THE REQUEST.
3:42:19PM THE PROPERTY IS AT THE CORNER OF BRYAN AND DUNDEE.
3:42:24PM IT WAS SUBJECT TO A FORMAL DECISION, TO SPLIT THE LOT IN
3:42:28PM HALF.
3:42:29PM THIS IS A SITE PLAN FROM THE VARIANCE BUT IT WAS PARCEL A
3:42:33PM AND PARCEL B.
3:42:34PM AS PART OF THE CONDITION OF THE APPROVAL, THE ZONING
3:42:37PM ADMINISTRATOR MADE THE DETERMINATION THAT THIS WOULD BE A
3:42:39PM CONTINUOUS FRONTAGE ALONG PARCEL B.
3:42:43PM ONCE THAT WAS DONE, THE APPLICANT WAS UNABLE TO PUT A REAR
3:42:48PM YARD WITHOUT A VARIANCE.
3:42:50PM AS A SINGLE FRONT, REDUCE THE FRONT YARD FROM 5 DOWN TO --
3:42:55PM THE STAFF REPORT SAYS 2.
3:42:56PM I THINK KRISTIN SAID 8.
3:42:58PM I AM NOT EXACTLY SURE WHAT THE REQUEST WAS.
3:43:00PM SORRY ABOUT THAT.
3:43:01PM BUT IT WOULD BE TIED TO THE SITE PLAN.
3:43:02PM AND TO INCREASE THE FENCE IN THE FRONT YARD FROM 3 FEET TO 6
3:43:06PM FEET.
3:43:06PM I HAVE PHOTOS BUT I BELIEVE THE APPLICANT HAS NEWER PHOTOS
3:43:10PM THAN THE ONES FROM NOVEMBER FOR THE VRB. I AM HERE TO
3:43:14PM ANSWER ANY QUESTIONS REGARDING THE CODE IF YOU HAVE ANY.
3:43:16PM >>FRANK REDDICK: ANY QUESTIONS OF STAFF?
3:43:18PM >>CHARLIE MIRANDA: THE VARIANCE BOARD APPROVED THIS?
3:43:23PM >>ERIC COTTON: NO, SIR, THEY DENIED IT.
3:43:24PM >>CHARLIE MIRANDA: THEY DENIED IT.
3:43:26PM THANK YOU.
3:43:26PM >>FRANK REDDICK: APPLICANT.
3:43:27PM >> SCOTT STEADY WITH BURR FORMAN REPRESENTING THE PETITIONER
3:43:31PM BUT ALSO THE BUILDER IS TB HOMES, AND I HAVE BOTH ERIC AND
3:43:37PM BLAIR FRANCE IN HERE IF YOU HAVE ANY QUESTIONS OF THEM.
3:43:40PM I ALSO HAVE SOME HANDOUTS, IF I COULD PROVIDE -- THE DVD IS
3:43:48PM IN THE RECORD.
3:43:48PM IT IS IN THE RECORD, YES.
3:43:53PM SO I APPRECIATE IT.
3:43:54PM I KNOW IT BEEN A LONG DAY.
3:43:56PM IF YOU WILL JUST GIVE US A LITTLE TIME, I APPRECIATE IT.
3:43:59PM WHY WE ARE HERE AGAIN AS STAFF MENTIONED, THIS WAS ONE HOME
3:44:03PM ON THIS PROPERTY.
3:44:04PM THERE'S NOW TWO LOTS THERE.
3:44:06PM THERE'S NO QUESTION ABOUT THAT.
3:44:08PM WE SAW A PREVIOUS BUILDER BACK IN 2017, SOUGHT A
3:44:12PM DETERMINATION BY THE ZONING ADMINISTRATOR TO BE ABLE TO
3:44:14PM SPLIT THESE LOTS.
3:44:16PM TB HOMES LATER CAME IN AND WAS BUILDING BOTH HOMES.
3:44:19PM THERE'S A HOME EXISTING NOW ON THE OTHER LOT, AND THERE'S A
3:44:22PM HOME THAT I WILL SHOW YOU IS ALMOST COMPLETED ON THE LOT
3:44:25PM THAT WE ARE TALKING ABOUT TODAY.
3:44:26PM BUT IN DETERMINE THAT THE LOT SPLIT -- AND BY THE WAY, BOTH
3:44:32PM LOTS FULLY COMPLY WITH THE ZONING RS-75, AND AS FAR AS
3:44:37PM SQUARE FOOTAGE, AS FAR AS SETBACKS, EVERYTHING THEY COMPLY.
3:44:40PM SO TWO FULLY COMPLYING RS-75 ZONING LAWS.
3:44:47PM BUT AS THE STAFF MENTIONED THE ZONING ADMINISTRATOR SAID
3:44:51PM HISTORICALLY, THIS IS LIKE THE BOW OF A SHIP, AND THAT BOW,
3:44:56PM THEY DETERMINED, WAS ALL GOING TO HAVE A FRONT YARD WHICH
3:44:59PM MEANS A 25-FOOT SETBACK.
3:45:02PM THE REAR, WHAT LOOKS TO BE THE REAR, IS CONSIDERED A SIDE
3:45:05PM YARD.
3:45:05PM SO THAT'S 7 FEET.
3:45:07PM SO YOU HAVE 25 FEET WRAPPING THE PROPERTY, AND A 7-FOOT
3:45:12PM SETBACK BETWEEN THIS HOUSE AND THE HOUSE THAT THEY RECENTLY
3:45:15PM BUILT.
3:45:17PM I SUBMITTED INTO THE RECORD WHEN WE FILED THIS PETITION THE
3:45:21PM HARDSHIP, AND THE HARDSHIP IS THIS COMPLIES WITH RS-75, IT'S
3:45:25PM A FULLY COMPLIANT LOT, BUT AT THE SAME TIME BECAUSE OF THE
3:45:30PM ZONING ADMINISTRATOR'S DETERMINATION, THE TRUE BACKYARD IS
3:45:35PM NOT A ZONING BACKYARD.
3:45:36PM AND ONE MORE POINT.
3:45:37PM WHEN THE CITY GAVE THE ADDRESS FOR THIS PROPERTY, THEY GAVE
3:45:40PM AN ADDRESS ON DUNDEE STREET.
3:45:44PM SO THE HOUSE HAS TO ORIENT TOWARDS DUNDEE.
3:45:47PM THE BACK OF THE STREET IS -- THE BACK OF THE HOUSE, THE
3:45:50PM NATURAL BACK OF THE HOUSE IS ON BRYANT CIRCLE.
3:45:54PM SO THE HOUSE IS ORIENTED TOWARDS DUNDEE, AND THE BACK OF THE
3:45:58PM HOUSE IS ORIENTED TOWARD BRYANT CIRCLE.
3:46:02PM AND IF YOU LOOK AT SOME OF THE PICTURES I WILL SHOW THEM TO
3:46:06PM YOU NOW.
3:46:07PM SO HERE IS THE HOME.
3:46:08PM IT'S ALMOST COMPLETED.
3:46:11PM AND HERE IS WHAT IS PRACTICALLY THE BACKYARD.
3:46:14PM HERE IS A PORCH HERE.
3:46:16PM THEY CALL IT A MIRANDA.
3:46:22PM I CALL IT A PORCH.
3:46:23PM THESE ARE THE STEPS THAT WILL BE BACK TO THE BACKYARD. THIS
3:46:26PM IS WHAT WE ARE PROPOSING.
3:46:27PM AND WE ARE PROPOSING -- AND WE PUT IN THE RECORD THAT THIS
3:46:31PM WOULD HAVE A 6-FOOT FENCE.
3:46:36PM WHAT WE ARE PROPOSING 12-FOOT PALM TREES, PURSUANT TO A SITE
3:46:40PM PLAN WE ARE SUBMITTING.
3:46:41PM 12-FOOT ALONG THE BACK HERE.
3:46:43PM 6 FEET JUST OVER THE FENCE HERE TO THE WEST REST OF THE
3:46:47PM PROPERTY.
3:46:48PM YES, SIR?
3:46:49PM >>FRANK REDDICK: WE HAVE JUST BEEN INFORMED THAT THEY DON'T
3:46:52PM HAVE A DVD.
3:46:53PM >> WE SUBMITTED IT WITH THE FILE.
3:46:58PM WE ABSOLUTELY DID.
3:47:10PM HERE IS THE APPLICATION.
3:47:12PM >> [OFF MICROPHONE]
3:47:24PM >>MARTIN SHELBY: I JUST WANT TO INFORM YOU THAT --
3:47:34PM >>REBECCA KERT: LEGAL DEPARTMENT.
3:47:36PM YOU CAN TURN IN THE DVD DURING THE HEARING.
3:47:41PM >>MARTIN SHELBY: THAT'S WHAT I WAS GOING TO SUGGEST TO YOU.
3:47:43PM >> ALMOST A HEART ATTACK THERE.
3:47:51PM BUT NOT QUITE.
3:47:52PM THANKS, MARTIN.
3:47:54PM ALL RIGHT.
3:47:54PM SO THE DVD IS IN THE POSSESSION OF STAFF.
3:47:58PM GREAT.
3:47:59PM ALL RIGHT.
3:48:00PM SO HERE IS WHAT WE ARE PROPOSING FOR SITE PLAN IF YOU CAN
3:48:04PM SEE IT.
3:48:05PM IT'S KIND OF LIKE THE BOW OF A SHIP.
3:48:07PM IT GOES AROUND, A FULL 20-FOOT SETBACK.
3:48:10PM SO RIGHT HERE WHAT WE ARE LOOKING FOR IS A VARIANCE TO ALLOW
3:48:14PM INSTEAD OF A 3-FOOT FENCE THAT WOULD BE ALLOWED IN THE FRONT
3:48:18PM YARD, YOU GO TO 6 FEET TO PROVIDE BASICALLY A BUFFER FOR THE
3:48:23PM ABUTTING PROPERTY OWNER AND PROVIDE -- THE FAMILY THAT WILL
3:48:28PM LIVE HERE SOME ABILITY TO HAVE SOME PRIVACY TO PLAY IN THEIR
3:48:33PM BACKYARD WITH THE KIDS, OBVIOUSLY.
3:48:35PM SO HERE IS THE POOL THAT'S BEING PROPOSED.
3:48:38PM HERE IS THE 12-FOOT PALM TREES.
3:48:43PM THEN THE 6-FOOT PALMS.
3:48:46PM REALLY, FROM OUR PERSPECTIVE, THIS IS A PRETTY
3:48:49PM STRAIGHTFORWARD REQUEST.
3:48:50PM THERE'S GOING TO BE A FAMILY HERE LOCATED PRETTY SOON AFTER,
3:48:55PM WE PROCEED WITH THIS.
3:48:58PM HAVE A COUPLE OF LITTLE KIDS, THEY ARE GOING TO PLAY, THIS
3:49:01PM IS GOING TO BE THEIR BACKYARD.
3:49:02PM WE ARE BASICALLY LIKE WHAT EVERYONE IN FLORIDA WANTS TO
3:49:07PM HAVE, A SMALL POOL IN THE BACKYARD.
3:49:09PM THE HOUSE THAT WAS HERE BEFORE, THERE WAS ONE HOUSE THAT HAD
3:49:12PM A VERY LARGE POOL CAGE.
3:49:14PM THERE WAS SOME DISCUSSION AT THE VARIANCE REVIEW BOARD ABOUT
3:49:17PM A POOL CAGE.
3:49:18PM THERE WILL BE NO POOL CAGE.
3:49:19PM THIS WILL BE OUT IN THE OPEN.
3:49:21PM THERE'S ABOUT FIVE HOMES, BY THE WAY, IN SUNSET PARK.
3:49:24PM THERE'S ALSO ORIENTED HOUSES.
3:49:27PM THERE'S A NUMBER OF POOLS ON THE SIDE YARDS.
3:49:29PM THIS IS NOT NECESSARILY UNIQUE OF THE NEIGHBORHOOD.
3:49:35PM AND UNLESS THERE'S ANY QUESTIONS.
3:49:38PM WHAT CAME UP IN THE LAST COMMENT OR CAME UP TO THE VARIANCE
3:49:41PM REVIEW BOARD -- AND I DID NOT CONDUCT THAT, BUT WHEN I
3:49:44PM REVIEWED THE RECORD, A LOT OF IT WAS DISCUSSION ABOUT SPLIT
3:49:47PM OF THIS LOT.
3:49:49PM BUT THE FACT IS THIS LOT FITS THE ZONING REQUIREMENT.
3:49:53PM AND IT WAS A GOOD LAND USE DECISION.
3:49:56PM SO UNLESS THERE'S ANY QUESTIONS, I APPRECIATE IT.
3:49:58PM >>FRANK REDDICK: ANY QUESTIONS?
3:50:07PM >>JULIA MANDELL: GRAY ROBINSON.
3:50:10PM I AM HERE ON BEHALF OF MR. aND MRS. PASCO WHO LIVE
3:50:13PM DIRECTLY BEHIND THE PROPERTY AND HAVE BEEN INVOLVED IN THIS
3:50:17PM PROCESS THROUGH THE VARIANCE REVIEW BOARD AND DID SUBMIT
3:50:20PM EVIDENCE AND TESTIMONY AT THE VARIANCE REVIEW BOARD.
3:50:22PM AS I SAID THEY COULD NOT BE HERE.
3:50:24PM THEY HAD A PREPLANNED TRIP.
3:50:26PM SO ALL THE EVIDENCE ON THE DVD WOULD BE CONSIDERED EVIDENCE
3:50:29PM FOR YOU TO CONSIDER AS PART OF THIS HEARING.
3:50:31PM THAT BEING SAID IT IS A DE NOVO REVIEW AND I WANTED TO RAISE
3:50:34PM A FEW ISSUES WITH YOU, AND I KNOW I HAVE VERY LIMITED AMOUNT
3:50:36PM OF TIME.
3:50:38PM IT'S INCREDIBLY IMPORTANT IN LOOKING AT WHETHER OR NOT THIS
3:50:40PM IS A SELF-CREATED HARDSHIP BECAUSE THAT'S REALLY THE
3:50:43PM CRITERIA THAT THE VRB BASED UPON AS WELL AS FAR AS WHAT WE
3:50:48PM ARE ASKING.
3:50:49PM I FIRST WANT TO POINT OUT TO YOU -- AND THIS IS THE SECOND
3:50:54PM PAGE OF THE FORMAL DECISION UNDER WHICH MRS. MOREDA, ZONING
3:51:00PM ADMINISTRATOR, AGREED TO PROVIDE, THAT THE LOT MET THE
3:51:04PM CRITERIA FOR THE PURPOSES OF SPLITTING THE LOT.
3:51:07PM HOWEVER, SHE MAKES TWO NOTES, AND I THINK THEY ARE BOTH
3:51:10PM IMPORTANT.
3:51:11PM THE SECOND ONE IS NUMBER 9 IS RELATING TO THE IDEA THAT BOTH
3:51:19PM NORTH DUNDEE AND SOUTH BRYANT CIRCLE ARE INTENDED TO BE
3:51:23PM TREATED AS FRONT YARDS FOR THE PURPOSES OF ORIENTING THE
3:51:26PM HOUSE, AND FOR THE PURPOSES OF CONSTRUCTING THE HOUSE AND
3:51:30PM ANY PARTS OF THE HOUSE SUCH AS A POOL OR THOSE KIND OF
3:51:33PM THINGS.
3:51:34PM SO THAT IS INHERENT IN THE APPROVAL.
3:51:36PM THE SECOND, AND I THINK THIS IS JUST AS IMPORTANT, BECAUSE
3:51:40PM ONE OF THE REASONS WHY THAT WOULD HAVE BEEN PART OF HER
3:51:43PM CONSIDERATION IS NOTE NUMBER 8.
3:51:47PM SO SUBDIVISION, 30-FOOT FRONT BUILDING SETBACK YOU NEED TO
3:51:55PM BE AWARE THIS RESTRICTION EXISTS.
3:51:59PM AND THERE'S SOME BACKGROUND AS TO WHY THAT PARTICULAR
3:52:04PM PROVISION IS WITHIN THIS APPROVAL.
3:52:07PM THAT BEING SAID, NOT JUST PORT CITY OF TAMPA CODE BUT THIS
3:52:12PM IS ALWAYS INTENDED TO BE TREATED AS FRONT YARD.
3:52:16PM IT WAS NOT INTENDED AS PART OF THE FRONT YARD AREA AND THAT
3:52:19PM IS SOMETHING OVER AND BEYOND WHAT WAS IN THE CITY CODE.
3:52:22PM NOW, I WILL SAY TO YOU, THIS IS NOT SOMETHING THE CITY HAS
3:52:25PM THE RIGHT TO ENFORCE.
3:52:26PM THAT BEING SAID, THE PROPERTY OWNER WAS WELL AWARE OF THESE
3:52:30PM CONDITIONS, AND HERE IS WHERE THE SELF-CREATED HARDSHIP
3:52:34PM COMBS IN TO PLAY.
3:52:38PM WHERE THIS PARTICULAR DEVELOPER WENT TO GO AHEAD AND DEVELOP
3:52:40PM THIS PROPERTY, THEY DID NOT ASK FOR THIS VARIANCE PRIOR TO
3:52:45PM CONSTRUCTION OF THEIR HOUSE.
3:52:47PM THEY WENT AHEAD AND DID THE CONSTRUCTION IN SUCH A WAY THAT
3:52:50PM IT LITERALLY IS WITHIN -- I MEAN, PERFECTLY WITHIN THIS
3:52:54PM 30-FOOT BUILDING ENVELOPE, SO THE HOUSE FITS COMPLETELY IN
3:53:05PM THAT.
3:53:05PM IT'S AT THAT POINT IN TIME THAT THEY HAVE MOVED FORWARD WITH
3:53:07PM THIS VARIANCE WHICH A POOL WITHIN THAT 30-FOOT SETBACK, AND
3:53:15PM ALSO WITHIN THE 25 FEET.
3:53:19PM I CAN'T SEE WHY THEY DID IT THIS WAY.
3:53:21PM CERTAINLY THEY HAVE THE RIGHT TO DO IT THIS WAY.
3:53:23PM BUT IT CERTAINLY PUTS MY CLIENTS IN THE POSITION OF HAVING
3:53:27PM NO ABILITY TO HAVE ANY SAY AS TO WHAT MAY OR MAY NOT HAPPEN
3:53:30PM BECAUSE THEY HAVE ALREADY CONSTRUCTED THE HOUSE.
3:53:32PM NOT TO MENTION THE FACT THAT THERE'S NO OPPORTUNITY TO MOVE
3:53:36PM THE HOUSE, TO MOVE THIS AROUND SO THEY CAN CREATE MORE OF A
3:53:39PM BUFFER.
3:53:40PM SO UNFORTUNATELY, THAT IS, IN MY OPINION, THE DEFINITION OF
3:53:45PM A SELF-CREATED HARDSHIP.
3:53:46PM NOT ONLY TO MOVE FORWARD WITH AN APPROVAL WHICH WAS VERY
3:53:49PM CLEAR ON ITS FACE, THEY MOVED FORWARD WITH CONSTRUCTION, AND
3:53:52PM THEY CAME BACK AFTER THE FACT TO MAKE THIS CONDITION
3:53:55PM APPARENT.
3:53:56PM AND I TOTALLY UNDERSTAND THAT IN FACT IN THIS AREA, HAVING A
3:54:00PM POOL, HAVING THE BACK FENCE, IS IMPORTANT, AND IT IS PART OF
3:54:04PM THAT AREA, PART OF THAT LIVING ROOM, OR THAT AREA.
3:54:08PM THAT BEING SAID, THEY BUILT THE HOUSE, AND THEN CAME AND
3:54:11PM ASKED FOR THE POOL.
3:54:12PM AND I THINK THAT IN AND OF ITSELF WAS A SELF-CREATED
3:54:16PM HARDSHIP THAT FORCED THEM TO PUSH THE POOL AND THEIR FENCE
3:54:19PM AS FAR BACK TO THE STREET AS POSSIBLE, NOT ONLY THAT IT
3:54:24PM INTERCEDES WITHIN THE SETBACKS OF THE CITY, BUT IS ALSO
3:54:29PM FULLY AND COMPLETELY WITHIN THE BUILDING SETBACK.
3:54:31PM THEREFORE, WE WOULD ASK FOR YOU TO UPHOLD THE DECISION OF
3:54:34PM THE VRB.
3:54:36PM I CAN ANSWER ANY QUESTIONS.
3:54:37PM THANK YOU.
3:54:38PM >>MIKE SUAREZ: IF I COULD QUICKLY ASK A QUESTION OF MRS.
3:54:45PM MANDELL.
3:54:46PM IN THE PACKET -- GOD BLESS YOU.
3:54:51PM OR YOU WERE YOU COUGHING? SO MR. STEADY'S PACKET INCLUDED
3:54:55PM THE HARRINGTONS.
3:54:57PM AND I WANT TO KNOW WHERE YOUR CLIENT IS IN REALS TO THE
3:55:00PM HARRINGTONS, BECAUSE THE HARRINGTONS ARE AT 26 -- I THINK
3:55:04PM 2620, AND THEY ARE AT 2625, ACCORDING TO WHAT MR. STEADY HAS
3:55:11PM IN THERE.
3:55:12PM WHERE IS YOUR CLIENT LOCATED?
3:55:14PM >>JULIA MANDELL: I PROVIDED YOU A PACKET PRIOR TO THIS
3:55:17PM HEARING.
3:55:18PM IT WAS --
3:55:21PM >> THAT WILL BE FINE.
3:55:22PM >>JULIA MANDELL: IT'S A LITTLE BIT OFF BUT THIS IS MY
3:55:24PM CLIENT'S PROPERTY HERE.
3:55:26PM I PROVIDED SOME PICTURES THAT SHOW, THIS IS THEIR FRONT YARD
3:55:31PM LOOKING AT THE BACKYARD OF THE PROPERTY AS IT'S BEING
3:55:34PM CONSTRUCTED.
3:55:35PM THEY REALLY ARE DIRECTLY ACROSS --
3:55:38PM >> I UNDERSTAND.
3:55:39PM I AM JUST SAYING, I WASN'T SURE BECAUSE OF THE WAY THIS
3:55:42PM IS --
3:55:46PM [NO ENCODER]
3:56:10PM [NO ENCODER]
3:56:15PM >> IT'S RIGHT ACROSS.
3:56:16PM WE ARE NOT DEBATING THAT.
3:56:17PM >> I UNDERSTAND THAT.
3:56:19PM JUST A COUPLE OF COMMENTS.
3:56:21PM FIRST THEY SAY SELF-CREATED HARDSHIP.
3:56:23PM 88 POINT OUT THAT JULIA'S CLIENT ALSO HAD, WHEN THEY MOVED
3:56:28PM IN 1990, THERE WAS ONE HOUSE ON THE LOTS.
3:56:33PM EARLY 2000, THEY BUILT THEIR HOUSE, SOLD THE HOUSE NEXT
3:56:37PM DOOR.
3:56:37PM THEY HAD EVERY RIGHT TO DO THAT.
3:56:38PM EVERY RIGHT TO DO THAT.
3:56:40PM BUT THEY INCREASED THE DENSITY BY TWO HOMES IN THE AREA.
3:56:46PM THE PREVIOUS DEVELOPER HAD EVERY RIGHT TO ASK FOR THIS LOT
3:56:49PM SPLIT.
3:56:50PM IT COMPLIES WITH RS-75.
3:56:52PM THE ISSUE -- AND I DON'T DENY IT -- IS THIS FRONT YARD THAT
3:56:57PM TOTALLY ENVELOPES THE PROPERTY.
3:56:59PM WE DIDN'T CREATE A SELF-HARDSHIP.
3:57:01PM THAT IS THE HARDSHIP THAT NO ONE ELSE HAS.
3:57:04PM IT'S A COMPLYING LOT THAT YOU DON'T HAVE A BACKYARD,
3:57:08PM BASICALLY.
3:57:10PM AND WHAT WILL HAPPEN HERE IS, WHAT'S THE REALITY?
3:57:15PM THERE'S GOING TO BE A 6 FOOT FENCE RATHER AN 3-FOOT FENCE
3:57:18PM AND A POOL.
3:57:19PM SO THERE'S GOING TO BE A POOL.
3:57:21PM BUT IN THE END, THIS IS GOING TO BE THEIR BACKYARD.
3:57:23PM THIS IS WHERE THEY ARE GOING TO HAVE BARBECUES.
3:57:26PM THIS IS WHERE THEY ARE GOING TO HAVE FAMILY FUNCTIONS.
3:57:29PM YES, THERE'S A BUILDER HERE, BUT AT SOME POINT THERE'S GOING
3:57:33PM TO BE A FAMILY HERE.
3:57:35PM AND I THINK IT'S FAIR TO LOOK AT THAT FAMILY THAT WILL LIVE
3:57:37PM THERE AND SAY, WHAT HARM IS IT TO HAVE A 6-FOOT FENCE RATHER
3:57:41PM THAN A 3-FOOT FENCE?
3:57:42PM A REASONABLE POOL IN WHAT IS BASICALLY THEIR BACKYARD.
3:57:48PM AND BY THE WAY, WHEN JULIA POINTED OUT, YOU ARE RIGHT, THE
3:57:52PM HOUSE WAS BUILT WITHIN THE FOOTPRINT THAT THEY COULD BUILD
3:57:55PM IT IN.
3:57:55PM THEY HAD TO BUILD IT IN THERE.
3:57:57PM BUT THE ENFORCEMENT OF THAT 30-FOOT WOULD NOT APPLY TO THE
3:58:02PM POOL.
3:58:02PM SO AGAIN, IF YOU APPROVE THIS, I THINK IN THE END, IS IT
3:58:08PM REALLY GOING TO AFFECT THE PROPERTY OWNER THAT'S ACROSS THE
3:58:10PM STREET LOOKING AT A 6-FOOT FENCE RATHER THAN 3 FOOT FENCE?
3:58:14PM AND WE WOULD COMMIT -- AND IF YOU APPROVE THIS, WHICH WE
3:58:17PM APPRECIATE, TO PUT IN THE APPROVAL OF THE SITE PLAN THAT WE
3:58:21PM SUBMITTED COMMITTING TO PUTTING THOSE PALM TREES IN.
3:58:25PM WE APPRECIATE YOUR CONSIDERATION.
3:58:26PM >>YVONNE CAPIN: I CAME OUT BECAUSE I LOOKED AT THE LOT AND
3:58:32PM THIS IS EXACTLY THE LOT THAT I HAVE IN BEACH PARK.
3:58:36PM THAT'S NOT THAT LOT.
3:58:37PM BUT ONE SIDE WAS ROYAL PALM WAY AND ONE WAS AZEELE AND THE
3:58:42PM OTHER SIDE WAS WESTSHORE AND I WAS TOLD BY THE CITY I HAD NO
3:58:46PM BACKYARD AND I COULD NOT PUT A 6-FOOT FENCE.
3:58:49PM SO I PUT 8-FOOT HEDGES AROUND THE ENTIRE PROPERTY.
3:58:52PM THAT I COULD DO.
3:58:54PM LANDSCAPING.
3:58:55PM WHEN I SEE THIS, I UNDERSTAND THE DILEMMA.
3:58:58PM I UNDERSTAND IT BECAUSE I WENT THROUGH IT.
3:59:01PM IT WAS EXACTLY THAT, EXACTLY THAT CONFIGURATION.
3:59:04PM YOU COULD SEE IT THERE AT THE HOUSE THAT WE BUILT.
3:59:07PM IT IS THERE NOW.
3:59:16PM SO WHAT YOU ARE ARGUING IS THAT IS THEIR BACKYARD.
3:59:19PM >> THAT IS EFFECTIVELY -- THE FRONT YARD IS ON THE OTHER
3:59:24PM STREET. ON THIS SIDE, THIS IS GOING TO BE THEIR FUNCTIONING
3:59:27PM BACKYARD.
3:59:28PM >>YVONNE CAPIN: THEIR FUNCTIONING.
3:59:30PM WELL, YEAH, BECAUSE THEY BUILT THE HOUSE --
3:59:32PM >> WELL, THEY BUILT THE HOUSE ON THE ROAD THAT THE CITY GAVE
3:59:34PM THE ADDRESS FOR.
3:59:35PM SO IT WOULD OPEN ON DUNDEE.
3:59:38PM AND THEN THE BACKYARD IS ON THE CIRCLE.
3:59:44PM IT'S ON THE OTHER SIDE.
3:59:46PM >>YVONNE CAPIN: MY HOUSE WAS ON ROYAL PALM AND MY BACKYARD
3:59:49PM WAS AZEELE.
3:59:49PM >> SO THERE'S ACTUALLY NO DEFINED BACKYARD PURSUANT TO
3:59:53PM ZONING.
3:59:55PM >> I'M SORRY, WHAT?
3:59:56PM >> UNDER THE ZONING, UNDER THE APPROVAL, THE FRONT YARD IS
4:00:01PM THE BOW OF THE SHIP.
4:00:02PM THE SIDE YARD IS THE 7-FOOT BETWEEN THIS HOUSE AND THE OTHER
4:00:06PM HOUSE.
4:00:06PM THERE'S ACTUALLY NO ZONING BACKYARD ON THIS PROPERTY.
4:00:10PM >>YVONNE CAPIN: I KNOW.
4:00:11PM >> THAT'S WHY WE NEED THE VARIANCE TO ALLOW THIS BACKYARD
4:00:15PM THAT'S THERE THAT'S GOING TO BE A BACKYARD TO FUNCTION AS A
4:00:18PM BACKYARD.
4:00:18PM >>YVONNE CAPIN: YEAH.
4:00:21PM I WENT THROUGH THAT WITH THE CITY.
4:00:23PM SO, YEAH, I UNDERSTAND.
4:00:24PM >> PLEASE.
4:00:26PM THANK YOU.
4:00:26PM >>FRANK REDDICK: [OFF MICROPHONE] ANYONE THAT'S GOING TO
4:00:30PM SPEAK ON ITEM NUMBER 60?
4:00:33PM ANYONE IN THE PUBLIC WISH TO SPEAK ON ITEM NUMBER 60?
4:00:38PM ALL RIGHT.
4:00:39PM >>CHARLIE MIRANDA: MOVE TO CLOSE.
4:00:44PM >> ANY REBUTTAL?
4:00:45PM >>FRANK REDDICK: THEY JUST DID IT.
4:00:48PM >>FRANK REDDICK: SECOND BY MR. MANISCALCO.
4:00:50PM ALL IN FAVOR?
4:00:51PM OPPOSED?
4:00:56PM WHAT ARE THE WISHES OF COUNCIL?
4:00:57PM >>YVONNE CAPIN: WAIT, WAIT, WAIT, LET ME SEE.
4:01:16PM THERE WAS A SHEET FROM EARLIER.
4:01:18PM I'M TRYING TO FIND THAT.
4:01:31PM I GOT NUMBER 57.
4:01:32PM NOW WE ARE ON NUMBER 60.
4:01:33PM >>MARTIN SHELBY: COUNCIL, I DIRECT YOUR ATTENTION TO ITEM 9
4:01:37PM ON THAT PAGE.
4:01:38PM FIRST PAGE.
4:01:38PM >>YVONNE CAPIN: MAY I MAKE A MOTION?
4:01:58PM >>FRANK REDDICK: YES.
4:01:58PM >>YVONNE CAPIN: MY MOTION IS TO OVERTURN THE BOARD DECISION
4:02:02PM AND APPROVE THE VARIANCE.
4:02:04PM >> SECOND.
4:02:04PM >>YVONNE CAPIN: I AM NOT GOING TO ADD ANY CONDITIONS.
4:02:08PM THAT'S IT.
4:02:08PM >>CHARLIE MIRANDA: THAT'S IT?
4:02:19PM >>MARTIN SHELBY: USING THE CRITERIA IN SECTION 27 --
4:02:25PM >> IF I COULD.
4:02:26PM UNDER SECTION 27-80-A-1, THE ALLEGED HARDSHIP, DIFFICULTIES
4:02:33PM ARE UNIQUE AND SINGULAR REQUEST RESPECT TO THE PROPERTY IN
4:02:35PM RESPECT TO THE STRUCTURE OR THE BUILDING THEREON.
4:02:39PM IT REALLY ABOUT THE PROPERTY.
4:02:40PM >>YVONNE CAPIN: THANK YOU.
4:02:41PM >>MIKE SUAREZ: ARE YOU'RE WELCOME, MA'AM.
4:02:43PM >>YVONNE CAPIN: 27-80, SECTION 1.
4:02:48PM 27-80.
4:02:49PM >>FRANK REDDICK: MOTION BY MRS. CAPIN.
4:02:51PM SECOND BY MR. MANISCALCO.
4:02:53PM ALL IN FAVOR?
4:02:53PM OPPOSED?
4:02:54PM >>THE CLERK: MOTION CARRIED WITH SUAREZ VOTING NO.
4:03:02PM >>FRANK REDDICK: NUMBER 61.
4:03:06PM NEED A MOTION TO RESET.
4:03:08PM MIRANDA RESCHEDULE THE HEARING TO APRIL 18th AT 10:30 IN
4:03:12PM THE MORNING.
4:03:12PM >> SECOND.
4:03:13PM >>FRANK REDDICK: GOT A MOTION, SECOND BY MR. SUAREZ.
4:03:18PM ALL IN FAVOR OF THE MOTION?
4:03:20PM OPPOSED?
4:03:21PM ALL RIGHT.
4:03:22PM 62.
4:03:23PM >>CHARLIE MIRANDA: MOVE TO RESCHEDULE 62, MR. CHAIRMAN, TO
4:03:27PM MARCH 21st, 2019 AT 10:30 A.M.
4:03:31PM >>MARTIN SHELBY: BEFORE YOU ACCEPT THAT MOTION, WE ARE ON
4:03:35PM NUMBER 62 NOW.
4:03:36PM >>REBECCA KERT: I'M SORRY.
4:03:40PM LEGAL DEPARTMENT.
4:03:40PM I'M HERE FOR 62.
4:03:41PM THE PROPERTY OWNER PREVIOUSLY REQUESTED A CONTINUANCE ON
4:03:44PM THIS ITEM.
4:03:45PM IT IS NOT A DE NOVO HEARING.
4:03:47PM AND YESTERDAY HE WITHDREW HIS REQUEST TO CONTINUANCE BASED
4:03:50PM UPON THE FACT THAT THE OTHER PARTY DID NOT FILE ANY
4:03:52PM EXCEPTIONS OR REQUESTS FOR ORAL ARGUMENT.
4:03:56PM I DO HAVE SOME SAMPLE MOTIONS FOR YOU AND I WOULD LIKE TO
4:03:58PM JUST RUN THROUGH THE PROCESS TO EXPLAIN WHERE WE ARE.
4:04:10PM AGAIN, REBECCA KERT, LEGAL DEPARTMENT.
4:04:15PM THE UNDERLYING DECISION ON THIS WAS A REQUEST FOR DESIGN
4:04:18PM EXCEPTION THAT WAS A DESIGN EXCEPTION 2 SO IT WAS NOTICED TO
4:04:20PM THE NEIGHBORS TO ALLOW STAIRS TO ENCROACH INTO THE FRONT
4:04:23PM YARD SETBACK FROM 25 FEET TO 20.4 FEET.
4:04:27PM THAT WAS APPROVED BY THE ZONING ADMINISTRATOR.
4:04:30PM SINCE IT WAS NOTICED, THE NEIGHBOR HAD THE OPPORTUNITY TO
4:04:32PM CHALLENGE THAT.
4:04:33PM AS YOU KNOW, BECAUSE YOU HEAR THIS ALL THE TIME, TYPICALLY
4:04:36PM IT GOES TO YOU FOR DE NOVO HEARING.
4:04:38PM THE NEIGHBOR CHOSE TO GO TO THE HEARING OFFICER AND HAVE THE
4:04:42PM DE NOVO HEARING IN FRONT OF THE HEARING OFFICER.
4:04:44PM SO THIS IS NOT A DO NOVEMBER OH HEARING.
4:04:46PM YOU HAVE THE RECOMMENDED ORDER FROM THE HEARING OFFICER TO
4:04:50PM BASE YOUR FINAL DECISION ON.
4:04:52PM THE HEARING OFFICER IN THIS CASE RECOMMENDED THAT CITY
4:04:55PM COUNCIL UP HOLD THE ZONING ADMINISTRATOR'S APPROVAL OF THE
4:04:59PM DESIGN EXCEPTION.
4:05:00PM I DO WANT TO TELL YOU THAT THE NEIGHBOR WAS HERE THIS
4:05:05PM MORNING, AND I SPOKE WITH HER, AND SHE TOLD ME THAT SHE DID
4:05:08PM NOT FILE FOR ORAL ARGUMENT OR EXCEPTIONS BECAUSE SHE DID NOT
4:05:12PM FEEL SHE GOT HER INFORMATION IN TIME.
4:05:14PM WHAT I TOLD HER IS WHAT I WAS GOING TO TELL YOU, BECAUSE I
4:05:18PM DON'T PROVIDE PEOPLE LEGAL ADVICE, BUT I TOLD HER MY ADVICE
4:05:21PM TO CITY COUNCIL WAS THAT OBJECTION NEEDED TO BE MADE BEFORE
4:05:24PM THE DEADLINE TO FILE FOR THE EXCEPTION IN THE ORAL ARGUMENT.
4:05:30PM IT COULDN'T BE RAISED AT THIS LATE DATE.
4:05:32PM SHE LEFT.
4:05:33PM I TOLD HER SHE'S NOT -- SHE TOLD ME SHE UNDERSTOOD THAT AND
4:05:37PM WAS NOT LEAVING AND WOULD NOT TELL ANYONE I THAT I TOLD HER
4:05:41PM TO LEAVE AND I THINK WE HAD A CLEAR UNDERSTANDING.
4:05:46PM THAT BEING SAID AGAIN, THIS IS NOT A DE NOVO HEARING.
4:05:48PM CITY COUNCIL HAS THE ABILITY TO OPEN IT UP ONLY ON THE
4:05:52PM LIMITED BASIS UNDER THE CODE.
4:05:53PM IF YOU FIND AN AMBIGUITY IN THE ROARED.
4:05:57PM SO WHERE WE ARE IS WE HAD AN APPROVAL BY THE ZONING
4:06:00PM ADMINISTRATOR.
4:06:02PM YOU HAD A RECOMMENDED ORDER THAT YOU UPHOLD THAT APPROVAL
4:06:05PM FOR THE DESIGN EXCEPTION.
4:06:06PM THERE WERE NO EXCEPTIONS, AND NO REQUESTS FOR ORAL ARGUMENT
4:06:10PM FILED, AND AT THIS POINT IT IS CITY COUNCIL COULD OPEN UP IF
4:06:16PM YOU FIND AMBIGUITY IN THE RECORD THAT WAS BEFORE YOU, OR YOU
4:06:19PM CAN UPHOLD THE RECOMMENDED ORDER AND MAKE IT A FINAL ORDER,
4:06:24PM OR YOU CAN REMAND IT BACK AND MAKE SPECIFIC FINDINGS BASED
4:06:29PM UPON THAT, IN THE MOTION THAT I GAVE YOU, OR YOU CAN
4:06:33PM SUBSTITUTE A CONCLUSION OF LAW.
4:06:35PM >> I WOULD LIKE TO MAKE A MOTION TO ADOPT THE RECOMMENDED
4:06:41PM ORDER AS THE FINAL ORDER.
4:06:42PM >> SECOND.
4:06:42PM >>FRANK REDDICK: GOT A MOTION FROM MRS. CAPIN.
4:06:46PM SECOND BY MR. MANISCALCO.
4:06:48PM FURTHER DISCUSSION ON THE MOTION?
4:06:50PM ALL IN FAVOR OF THE MOTION?
4:06:51PM OPPOSED?
4:06:53PM OKAY.
4:06:58PM ALL RIGHT.
4:07:06PM ITEM 64.
4:07:06PM >>THOM SNELLING: PLANNING AND DEVELOPMENT.
4:07:22PM HERE FOR ITEM NUMBER 64.
4:07:29PM IT IS ABOUT THE SKATEBOARD STRUCTURE AND WHETHER OR NOT,
4:07:33PM WHAT KIND OF CITY CODE YOU CAN USE TO REGULATE SUCH ITEMS.
4:07:39PM WE CONSIDER WHEN WE ARE REVIEWING -- SUBJECT TO EXISTING AND
4:07:47PM PERMITTING PROCESS.
4:07:49PM RIGHT NOW THE CITY OF TAMPA HAS REVIEWED AND APPROVED A
4:07:52PM COUPLE OF OTHER SKATEBOARD TYPE RAMPS AND OTHER THINGS LIKE
4:07:55PM THAT IN THE CITY OF TAMPA.
4:07:57PM SO WE ALREADY HAVE A PROCESS IN PLACE THAT REVIEWS THESE
4:08:00PM THINGS, AND PASSES JUDGMENT ON THEM.
4:08:05PM [RUSTLING PAPERS] THIS ONE HERE IS IRONICALLY IN SOUTH -- OR
4:08:14PM SEMINOLE HEIGHTS.
4:08:14PM WHAT I HAVE TO SHOW YOU HERE IS THE INITIAL THING THAT THIS
4:08:18PM PERSON DID.
4:08:19PM THEY WENT THROUGH -- THEY WENT THROUGH THE PERMITTING
4:08:21PM PROCESS.
4:08:22PM THEY HAD TO GO AND COME IN, FIRST THEY HAD A DESIGN
4:08:25PM EXCEPTION.
4:08:25PM I PUT THIS UP SIMPLY BECAUSE THEY HAD -- THEY ARE IN THE
4:08:31PM GREATER SEMINOLE HEIGHTS AREA TO REDUCE THE REQUIRED SETBACK
4:08:35PM FROM AN ACCESSORY WHICH IS IMPORTANT TO UNDERSTAND, THAT WE
4:08:37PM CONSIDER THESE AS ACCESSORIES, AND DON'T CONSIDER IT
4:08:41PM PLAYGROUND EQUIPMENT LIKE A SWING SET OR SLIDE.
4:08:44PM A POOL IS AN ACCESSORY STRUCTURE.
4:08:46PM WE TREAT THEM THE SAY WAY WITH REVIEW.
4:08:49PM THIS PERSON, MR. CLEMMENS, WENT THROUGH, GOT THE DESIGN
4:08:53PM EXCEPTION, AND THEN HE WENT IN, AND HE BUILT -- AND I JUST
4:09:04PM SHOW YOU THIS, ALL THE SHADED AREA IS HIS RAMPS.
4:09:08PM HE KIND OF WOUND THEM ALL OVER THE PLACE AND NOW IS COMING
4:09:12PM BACK IN TO EXPAND ON THAT.
4:09:13PM AGAIN HE WENT THROUGH ALL THE ZONING COMPLIANCE, FLOODPLAIN
4:09:19PM REQUIREMENTS, EVERYTHING HE HAD TO DO IN ZONING CODE HE DID
4:09:21PM THAT.
4:09:22PM NOW, SO WHAT I AM SAYING IS THAT THIS PERSON THAT HAS THIS
4:09:28PM SKATE RAMP -- I ALSO HAVE TO SHOW YOU THIS ONE HERE, WHICH
4:09:32PM YOU HAVE SEEN THIS.
4:09:34PM A POWER POINT OF THIS PARTICULAR ONE.
4:09:37PM AND SINCE THEN [RUSTLING PAPERS] CODE ENFORCEMENT HAS GONE
4:09:43PM OUT, CRIED THEM ON FEBRUARY 7th FOR THE ACCESSORY
4:09:51PM STRUCTURE DID NOT MEET THE REQUIRED SETBACKS FROM THE SIDE
4:09:54PM YARD OF THE REAR PROPERTY LINE.
4:09:55PM THAT WAS THE FIRST CITATION.
4:09:57PM >>MIKE SUAREZ: CAN I, CHAIR?
4:10:01PM SO THE FIRST DRAWING THAT YOU SHOWED IS THAT THE SAME PERSON
4:10:05PM THAT BUILT THIS OTHER?
4:10:07PM >>THOM SNELLING: SNELL NO, NO, THAT WAS A PERSON THAT WENT
4:10:10PM THROUGH THE LEGAL PROCESS.
4:10:11PM >>MIKE SUAREZ: I JUST WANTED TO MAKE SURE WE WERE STRAIGHT.
4:10:14PM I JUST WANTED TO KNOW.
4:10:15PM >>THOM SNELLING: THEN THE VERY NEXT DAY HE WENT BACK ON IT
4:10:18PM AGAIN.
4:10:19PM OH, SORRY.
4:10:20PM THE VERY NEXT DAY HE WEPT BACK AGAIN AND WAS CITED
4:10:23PM FORBIDDING WITHOUT PERMITS.
4:10:25PM IN ESSENCE, THE SETBACK ISSUES COULD BE TAKEN CARRY OF VERY
4:10:29PM SIMPLY.
4:10:30PM BUT HIM BUILDING WITHOUT PERMITS TRIGGERS A WHOLE COMPLETE
4:10:34PM CODE REVIEW.
4:10:35PM AND THE TYPES OF THINGS THAT THEY WILL HAVE TO DO TO TURN
4:10:39PM IN, WHEN THEY TURN IN THEIR SITE PLANS, THEY ARE SCHEDULED
4:10:42PM TO GO IN FRONT OF THE HEARING MAGISTRATE.
4:10:44PM THE MAGISTRATE WILL MAKE THE DECISION.
4:10:45PM THESE ARE FAIRLY CLEAR.
4:10:47PM BUT THE ZONING QUESTIONS THAT HE HAS TO DEAL WITH IN TERMS
4:10:50PM OF THE DESIGNS OR THE PERMITS HE PUTS IN, IF HE CHOOSES TO
4:10:55PM TURN IN THE PERMITS, HE GETS A DOUBLE FEE FOR NOT TURNING IN
4:10:59PM PERMITS IN THE FIRST PLACE.
4:11:01PM THESE ARE THE QUESTIONS.
4:11:02PM THE PROPERTY LINE.
4:11:03PM THE HEIGHT.
4:11:04PM THE SQUARE FOOTAGE.
4:11:05PM THE IMPERVIOUS AREA.
4:11:06PM WE WOULD CONSIDER THIS -- AND I HAVE CONSULTED -- THIS
4:11:10PM DESIGN CREATES IMPERVIOUS AREA, WHICH WILL AFFECT THE
4:11:14PM DRAINAGE PATTERNS, SO THEY WILL BE REQUIRED TO SHOW HOW
4:11:19PM THEIR DRAINAGE IS BEING TAKEN CARE OF, ET CETERA.
4:11:22PM MIGHT HAVE TO PUT IN A SWALE.
4:11:23PM THEY MIGHT HAVE TO DO SOMETHING ELSE.
4:11:25PM THE OTHER THING, WHICH IS INTERESTING, ESPECIALLY IN THE
4:11:27PM BUILDING CODE, IT'S THE MATERIALS, AND FALL PROTECTION,
4:11:33PM WHICH HE DOES NOT HAVE.
4:11:34PM HE HAS THIS RAILING HERE, IN HERE.
4:11:37PM HE ALSO IS REQUIRED TO HAVE IT ON BOTH ENDS.
4:11:40PM ANYTIME YOU BUILD ANYTHING ABOVE 30 INCHES HE YOU HAVE TO
4:11:44PM PUT FALL PROTECTIONS IN.
4:11:45PM I BUILT MY HOUSE.
4:11:46PM IT WAS 35 INCHES.
4:11:47PM THEY MADE ME PUT IN A RAIL ON MY PORCH.
4:11:51PM THE OTHER THING I WANT TO SHOW YOU, THE FLOOD ZONE AREA
4:11:54PM TALKED ABOUT THAT, HE HAS TO TURN IN SIGNED AND SEALED
4:11:59PM DRAWINGS BECAUSE IT HAS STRUCTURAL ENGINEERING KIND OF
4:12:01PM QUESTIONS.
4:12:02PM WIND LOAD.
4:12:03PM STRENGTH LOAD.
4:12:05PM IS IT HURRICANE TIED DOWN?
4:12:08PM I AM GUESSING MAYBE NOT BECAUSE THESE, THOSE ARE BRICKS AND
4:12:13PM IT KIND OF SITS ON BY ITS OWN WEIGHT.
4:12:16PM THERE ARE CODE REQUIREMENTS FOR YOU TO TIE DOWN YOUR
4:12:20PM STRUCTURES.
4:12:20PM YOU ARE SUPPOSED TO BE TIE DOWN TRAILERS, ACCESSORY TOOL
4:12:24PM SHEDS IF THEY ARE OVER 150 SQUARE FEET.
4:12:26PM YOU HAVE TO MAKE THEM SECURE FROM HURRICANES.
4:12:30PM SO THERE ARE SEVERAL, SEVERAL CODE ISSUES THAT THEY ARE
4:12:33PM GOING TO HAVE TO COMPLY WITH.
4:12:37PM AND GO THROUGH THAT REVIEW.
4:12:40PM AFTER IT GOES TO THE HEARING MAGISTRATE, THEN IT COMES BACK,
4:12:44PM LIKE I SAY, WE HAVE PROCESSES, CODE REVIEWS, ZONING REVIEW
4:12:48PM IN PLACE, TO ADDRESS THESE KIND OF THINGS.
4:12:51PM IN THIS CASE, THIS PERSON JUST CHOSE TO NOT DO ANY OF THAT.
4:12:55PM WHAT IS THE PRICE OF SOMEBODY DOING SOMETHING WITHOUT
4:12:58PM GETTING PERMITS?
4:13:01PM BEING IN SEMINOLE HEIGHTS, ONE OF THE QUESTIONS IS THAT AN
4:13:04PM ACCESSORY STRUCTURE IS ALLOWED TO BE UP TO 950 SQUARE FEET.
4:13:09PM IT'S IMPOSSIBLE FOR US TO TAKE ANY KIND OF SPECIFICALLY
4:13:13PM LEGAL STANCE ON HOW BIG THAT THING IS UNTIL HE TURNS IN HIS
4:13:17PM PLANS.
4:13:17PM IF HE TURNS IN HIS PLANS AND IT SAYS 960 SQUARE FEET, IT HAS
4:13:22PM TO BE PRINCIPAL STRUCTURE SETBACKS WHICH IS A BIG PUSH AWAY
4:13:25PM FROM THE 3-FOOT, 3-FOOT.
4:13:27PM IF HE SAYS IT'S NOT, IT'S 900TH SQUARE FEET, AND THEN WE DO
4:13:30PM IT, BE WE REVIEW IT, I'LL APPROVE.
4:13:34PM THAT BUT THEN WHEN MY BUILDING INSPECTORS WERE OUT THERE,
4:13:37PM THEY'LL GET OUT THE TAPE MEASURE AND MAKE THE DETERMINATION
4:13:39PM EXACTLY HOW BIG IT IS.
4:13:41PM DOES HE HAVE THE TIE DOWN STRAPS?
4:13:43PM SO, UNFORTUNATELY, OR FORTUNATELY, WE DO HAVE A PROCESS, A
4:13:51PM BUILDING AND ZONING PROCESS IN PLACE THAT ADDRESSES THESE
4:13:55PM VERY TYPES OF STRUCTURES.
4:13:56PM UNFORTUNATELY WE HAVE NEVER HAD A CHANCE TO OPINE ON WHETHER
4:13:59PM THIS THING COULD BE BUILT, HOW IT COULD BE BUILT, WHERE IT
4:14:02PM NEEDED TO BE LOCATED, ON AND ON, BECAUSE HE DID NOT COME IN.
4:14:06PM AS A RESULT HE ENDED UP GETTING CODE VIOLATION.
4:14:08PM NOW HE'S GOING TO GO TO THE HEARING MAGISTRATE.
4:14:10PM THAT'S IN THIS CASE.
4:14:11PM THE LARGER PICTURE, AND IT GOOD NEWS FROM MY PERSPECTIVE, IS
4:14:15PM THAT WE HAVE A PROCESS IN PLACE.
4:14:16PM WE HAVE THREE SKATEBOARDS THAT CURRENTLY KIND OF UNDER
4:14:19PM REVIEWED.
4:14:21PM ONE IS BEING EXPANDED.
4:14:22PM AND THAN COUNCILMAN SUAREZ, THAT WAS ONE OF THOSE THREE JUST
4:14:25PM TO GIVE YOU A SENSE THAT PEOPLE DO ACTUALLY FOLLOW THE CODE.
4:14:29PM I'LL ANSWER ANY QUESTIONS YOU MAY HAVE.
4:14:31PM >>GUIDO MANISCALCO: IN THE ONE THAT YOU SHOWED ME THAT'S
4:14:37PM RIGHT UP TO THE FENCE, THE NEIGHBOR THAT, YOU KNOW, THEY
4:14:42PM HAVE A VIOLATION WITH CODE AND WHATNOT BECAUSE THEY DIDN'T
4:14:46PM PULL ANY PERMITS, THEY DIDN'T DO ANYTHING.
4:14:48PM BUT THE NEIGHBOR RIGHT BEHIND THERE HAS TO LISTEN TO THESE
4:14:51PM INDIVIDUALS ON SKATEBOARDS, NOT ONLY THAT, THEY SIT ON THE
4:14:54PM FENCE, NOT ONLY THAT, WHEN THEY REACH THE TOP, THEY STAND UP
4:14:58PM SO HIGH THEY CAN LOOK RIGHT OVER INTO THE NEIGHBOR'S YARD
4:15:01PM BUT INTO THEIR POOL, IF THEY ARE OUTSIDE EATING DINNER OR
4:15:06PM WHATEVER IT IS.
4:15:06PM I MEAN IT'S RIGHT UP TO THE FENCE.
4:15:08PM WHAT KIND OF RELIEF BECAUSE THE ADJOINING HOMEOWNER GET IN
4:15:12PM THE MEANTIME?
4:15:13PM >>THOM SNELLING: IN THE MEANTIME I KNOW HE HAS BEEN IN
4:15:16PM TOUCH WITH TPD ABOUT THE NOISE, AND HIS WIFE, AND TPD HAS
4:15:22PM BEEN VERY RESPONSIVE TO THAT IN TERMS OF THE NOISE THINGS.
4:15:26PM AND I UNDERSTAND ABOUT THE HEIGHT, AND THAT BEING ABOVE
4:15:29PM THAT.
4:15:30PM SEE, THIS LOOKS TO BE 6 FEET.
4:15:33PM YOU KNOW, THAT'S A FENCE, A 6-FOOT FENCE.
4:15:36PM MAYBE IT'S A LITTLE BIGGER. THIS IS PRETTY TALL.
4:15:38PM SO THE HEIGHT OF THAT THING IS GOING TO DICTATE WHERE IT HAS
4:15:41PM TO BE RELOCATED.
4:15:43PM HIS ONLY RELIEF WILL BE IF IT IS SO BIG, AND I DON'T KNOW
4:15:47PM HOW BIG IT ACTUALLY IS.
4:15:49PM BUTCH FITS OVER ABOVE WHAT YOU ARE ALLOWED THERE, IT HAS TO
4:15:53PM BE THE PRINCIPAL STRUCTURE SETBACKS, AND WOULD HAVE TO BE
4:15:57PM MOVED.
4:15:57PM THE OTHER OPTION WE COULD TEAR IT DOWN AND BE IN COMPLETE
4:16:01PM COMPLIANCE.
4:16:01PM BUT FRANKLY, I DON'T THINK THE GENTLEMAN WHO OWNS THE SKATE
4:16:05PM RAMP IS GOING TO DO THAT.
4:16:08PM THE RELIEF THAT HE HAS, COUNCILMAN, YOU KNOW, YOU CONTINUE
4:16:11PM TO CALL TPD.
4:16:13PM TPD COMES OUT, AND AFTER THEY BUILD UP A CERTAIN AMOUNT OF
4:16:16PM CITATIONS AND ALL THAT, THEN IT STARTS TO GET INCREASING
4:16:22PM PENALTIES, AND I AM NOT COMPLETELY FAMILIAR WITH ALL THE
4:16:26PM NOISE ORDINANCE WORKS IN THAT REGARD, BUT I KNOW THAT THERE
4:16:29PM ARE CIRCUMSTANCES, AND THAT'S WHY I DID ENCOURAGE HIM TO
4:16:33PM CONTINUE TO CALL, AND THEY SAID THAT THEY WOULD, AND THE
4:16:36PM POLICE SAID ACCORDING TO MR. aND MRS. HATCH THAT THEY HAVE
4:16:39PM BEEN RESPONSIVE TO THAT.
4:16:41PM IN TERMS OF SOMEBODY SITTING ON YOUR FENCE, THAT'S
4:16:44PM TRESPASSING.
4:16:45PM >>GUIDO MANISCALCO: AND I KNOW THERE'S PHOTOGRAPHIC PROOF.
4:16:52PM >>THOM SNELLING: YES.
4:16:53PM I HAVE THE POWER POINT.
4:16:53PM I DOWNLOADED THAT.
4:16:54PM I DIDN'T USE THAT.
4:16:57PM >> BUT BEYOND THE VIOLATION THAT YOU SHOWED OPENED FEBRUARY
4:17:00PM 7th AND I THINK IT SAYS TO COME INTO COMPLIANCE BY THE
4:17:02PM 26th, SO TUESDAY.
4:17:04PM >>THOM SNELLING: WELL, WHAT THEY WILL DO IS GO BACK OUT AND
4:17:08PM LOOK.
4:17:08PM AND I'M BETTING DOLLARS TO DONUTS THAT THEY ARE STILL GOING
4:17:11PM TO SEE THIS PART THERE WITH EVERYTHING THERE, AND THEY MAY
4:17:15PM SEE PEOPLE SITTING ON THE FENCE AS WELL.
4:17:17PM BUT IF HE FAILED, THEN THEY WILL GO TO THE HEARING
4:17:21PM MAGISTRATE.
4:17:21PM ONE OF MY STAFF MEMBERS WORKING WITH CODE ENFORCEMENT WILL
4:17:24PM EXPLAIN EXACTLY WHAT THEY SAW, THAT THEY WERE STILL IN
4:17:27PM VIOLATION.
4:17:27PM THE MAGISTRATE WILL HEAR THAT CASE AND THEN HE OR SHE WILL
4:17:31PM ISSUE THEIR RULING ON WHAT HE NEEDS TO DO.
4:17:35PM HE COULD START TO FINE HIM.
4:17:39PM COULD START A DAILY FINE, TO START RUNNING, YOU KNOW, SO
4:17:44PM MANY HUNDREDS, UP TO A THOUSAND DOLLARS I THINK YOU CAN
4:17:47PM ACTUALLY ASSESS, RUNNING ON THE LIEN WHICH YOU WOULD HAVE TO
4:17:51PM TAKE CARE OF, OR THAT WOULD CONTINUE TO RUN UNTIL WHEN AND
4:17:56PM IF HE WOULD COME INTO COMPLIANCE.
4:17:57PM BUT ONCE HE HAS THAT LIEN AND THAT FINE ON THERE, THE
4:18:01PM MAGISTRATE, CODE ENFORCEMENT, COULD REQUIRE HIM TO PAY THAT
4:18:05PM FINE.
4:18:05PM >>GUIDO MANISCALCO: ALL RIGHT.
4:18:08PM >>THOM SNELLING: THE BIG PICTURE WE HAVE, PROCESS IS IN
4:18:15PM PLACE.
4:18:15PM AND IT'S UNFORTUNATE THAT THERE ARE SOME SCOFFLAWS OUT THERE
4:18:20PM THAT DO WHAT THEY DO.
4:18:22PM >>FRANK REDDICK: MR. COHEN?
4:18:28PM NO, OKAY.
4:18:29PM ANYONE ELSE?
4:18:30PM >>THOM SNELLING: THIS IS MR. aND MRS. HATCH.
4:18:36PM >> I WOULD FIRST LIKE TO SAY THANK YOU TO THIS COUNCIL FOR
4:18:46PM EXPEDITING THIS ISSUE.
4:18:47PM EVERYBODY IN THE CITY OF TAMPA HAS BEEN GREAT.
4:18:50PM THEY HAVE ALL BEEN VERY RESPONSIVE.
4:18:52PM SO I OFFER MY SINCERE APPRECIATION FOR THAT.
4:18:56PM ESPECIALLY THE POLICE DEPARTMENT WHO HAVE BETTER THINGS TO
4:18:59PM DO THAN DEAL WITH NOISE AND PRIVACY ISSUES GENERATED FROM
4:19:03PM STRUCTURES.
4:19:04PM THE CITY OF TAMPA HAS A MINIMUM OF THREE SKATE PARKS TO THE
4:19:07PM BEST OF MY KNOWLEDGE.
4:19:08PM PROBABLY SPENT MILLIONS IN MAKING THAT HAPPEN.
4:19:10PM AND I'M SURE ONE OF THE MANY REASONS THAT THE CITY OF TAMPA
4:19:13PM BUILT THESE SKATE PARKS IS TO AVOID ANY RESIDENTIAL
4:19:16PM CONFLICTS THAT THESE STRUCTURES ARE NOTORIOUS FOR.
4:19:24PM WHAT THE CITY OF TAMPA FAILED TO DO WAS DEVELOP SPECIFIC
4:19:27PM ORDINANCES TO DEFINE RESIDENTIAL SKATING STRUCTURES TO
4:19:31PM PREVENT SITUATIONS LIKE THIS.
4:19:35PM THESE STRUCTURES ARE BECOMING MAINSTREAM.
4:19:38PM AND MORE WILL BE BUILT.
4:19:40PM I HAVE NO ISSUE WITH SKATING OR BM X-ING OR ANY X GAMES.
4:19:46PM NOR DO I HAVE ANY ISSUE WITH THE PERSON'S INDIVIDUAL RIGHT
4:19:49PM TO DO THE THINGS THEY ENJOY IN THEIR OWN BACKYARD.
4:19:52PM HOWEVER, I DO HAVE A PROBLEM WITH ANY ACTIVITY OR STRUCTURE
4:19:55PM THAT VIOLATES ADJACENT PROPERTIES' ABILITY TO PEACE, QUIET
4:20:00PM AND PRIVACY.
4:20:01PM AS WELL AS THE STRUCTURE WHICH HAS A NEGATIVE IMPACT ON THE
4:20:05PM MARKETABILITY OF THE ADJACENT PROPERTIES.
4:20:09PM JUST TO KIND OF REITERATE, AS A RESULT OF THIS STRUCTURE, I
4:20:13PM LOST ALL MY PRIVACY IN THE FIRST FLOOR OF MY HOME WITH THE
4:20:16PM EXCEPTION OF MY BATHROOM AND A FRONT OFFICE.
4:20:19PM MY BACKYARD HAS AN 8-FOOT HIGH FENCE.
4:20:22PM I HAD 100% PRIVACY BEFORE.
4:20:25PM I HAVE NO PRIVACY IN MY BACKYARD.
4:20:28PM AND BY THE WAY, THIS ISN'T KIDS ON THIS.
4:20:31PM THIS IS ADULTS ON THIS STRUCTURE.
4:20:37PM I MEASURED DECIBEL READINGS AS 115 DECIBELS ON MY PROPERTY
4:20:42PM LINE.
4:20:42PM I CAN HEAR IT INSIDE MY HOME.
4:20:45PM AND NO ONE IN THEIR RIGHT MIND, IF I HAD TO SELL MY HOUSE,
4:20:48PM WOULD WANT TO BUY MY HOUSE.
4:20:52PM MY NEIGHBOR THAT BUILT THE STRUCTURE HAS BEEN CITED.
4:20:54PM HE'S ALSO MADE IT CLEAR THAT HE'S GOING TO SIMPLY MOVE IT
4:20:57PM THREE FEET BACK.
4:20:59PM STILL, WITH THE SAME WOODEN MATERIAL, WITH UNENCLOSED ENDS
4:21:03PM AMPLIFYING THE SOUND, STILL WITH NO INSULATION TO HELP
4:21:07PM ABSORB THE SOUND, NO SOUND DAMPENING MATERIALS WHATSOEVER,
4:21:12PM STILL WITH HOLLOW PIPES TO MAKE GRINDING LOUDER, STILL WITH
4:21:18PM EMBOSSED MEMBRANE, WHICH INTENSIFIES THE SOUND, STILL
4:21:21PM WITH -- WHICH INTENSIFIES THE VIBRATION, AND YES, STILL
4:21:28PM BEING ABLE TO VIOLATE MY PRIVACY EVEN THREE FEET BACK FROM
4:21:32PM MY PROPERTY LINE AND DETRACTING THE MARKETABILITY OF MY
4:21:35PM HOME.
4:21:35PM SIMPLE ORDINANCES OR ITEMS THAT CAN PROTECT MY PRIVACY --
4:21:41PM AND THERE'S SO MANY SIMPLE THINGS THAT CAN BE DONE TO HELP
4:21:44PM PROTECT THE PRIVACY AND NOISE.
4:21:46PM ONLY ALLOWING CONCRETE CONSTRUCTION, THE FIRST SKATING
4:21:49PM STRUCTURE --
4:21:50PM [BELL SOUNDS]
4:21:51PM >>FRANK REDDICK: SIR, THAT MEANS YOUR TIME IS UP.
4:21:53PM >> ONE MORE MINUTE, SIR?
4:21:56PM >>FRANK REDDICK: GO AHEAD.
4:21:56PM >> THANK YOU.
4:21:59PM SIMPLE ORDINANCES, SETBACKS, OCCUPIED RESIDENCE OF 100 FEET
4:22:05PM OR EVEN 50 FEET. THIS IS 25 FEET.
4:22:14PM [NO ENCODER]
4:22:31PM [NO ENCODER]
4:22:32PM >> AND THE OTHER ITEM THAT THESE ITEMS MAY FALL UNDERSTOOD.
4:22:35PM UNTIL THEY CAN DEVELOP EQUITABLE ORDINANCES FOR ALL THE
4:22:38PM CITIZENS OF TAMPA.
4:22:40PM THANK YOU FOR YOUR TIME.
4:22:41PM >>FRANK REDDICK: THANK YOU.
4:22:43PM ANY QUESTIONS FOR THIS GENTLEMAN?
4:22:47PM >>MIKE SUAREZ: I WAS GOING TO ASK A QUESTION JUST OF MR.
4:22:53PM SNELLING REAL QUICK.
4:22:54PM IN TERMS OF THE VIOLATION, I KNOW THAT YOU WENT THROUGH THE
4:22:56PM WHOLE PROCESS.
4:22:57PM HAVE THEY FOUND THAT THIS FACILITY IS BEING USED AS A
4:23:00PM BUSINESS IN ANY WAY?
4:23:03PM >>THOM SNELLING: THAT I DON'T KNOW, SIR.
4:23:05PM BUT THAT'S A GOOD QUESTION.
4:23:06PM >>MIKE SUAREZ: WELL, I THINK IT'S PROBABLY WORTH AN
4:23:10PM INVESTIGATION.
4:23:10PM I THINK MR. HATCH JUST MENTIONED THAT, YOU KNOW, IT'S NOT
4:23:13PM CHILDREN THAT ARE USING IT.
4:23:14PM >>THOM SNELLING: NO, AND IT SHOWS UP ON FACEBOOK AND SOCIAL
4:23:17PM MEDIA, AND PROBABLY OTHER FRIENDS, OTHER SKATERS COME THERE,
4:23:25PM AND THERE'S PROBABLY -- I DON'T KNOW THIS, WHETHER HE'S
4:23:29PM CHARGING ANY KIND OF CONSIDERATION OR ANY KIND OF FEE TO DO
4:23:32PM THAT.
4:23:32PM I HAVE NO IDEA.
4:23:33PM >>MIKE SUAREZ: I AM ALWAYS SUSPICIOUS WHEN SOMEBODY PUTS
4:23:36PM THAT MUCH MONEY AND EFFORT INTO PUTTING SOMETHING IN THEIR
4:23:39PM BACKYARD, AND THAT IS NOT A CHEAP THING TO PUT UP.
4:23:44PM YOU KNOW, THE KIND OF BOARDS YOU HAVE TO PUT UP THERE, ALL
4:23:47PM THE OTHER STUFF.
4:23:47PM IT'S NOT AN INEXPENSIVE THING ESPECIALLY PEOPLE USING IT
4:23:51PM QUITE A BIT.
4:23:52PM JUST CURIOSITY, BECAUSE THAT MIGHT BE A VIOLATION ALSO.
4:23:54PM I DON'T KNOW.
4:23:55PM >>CHARLIE MIRANDA: [OFF MICROPHONE]
4:24:02PM >>THOM SNELLING: AND IT IS.
4:24:03PM TPD, AS MR. HUTCH SAID, TPD HAS BEEN OUT THERE.
4:24:08PM >>CHARLIE MIRANDA: [OFF MICROPHONE] ... THE NOISE.
4:24:16PM >>HARRY COHEN: THE SUGGESTION THAT WAS PUT TO US ABOUT
4:24:20PM PUTTING A STAY ON PERMITS, IS THAT SOMETHING THAT'S WITHIN
4:24:22PM OUR PURVIEW TO DO?
4:24:25PM >>REBECCA KERT: STATE STATUTE DOES NOT ALLOW EMERGENCY
4:24:28PM ORDINANCES EVEN FOR PURPOSES OF STAY THAT AFFECT USAGE OF
4:24:35PM DEVELOPMENT CODES.
4:24:35PM YOUR OWN CODE REQUIRES THAT THOSE GO THROUGH YOUR TYPICAL
4:24:38PM CYCLE WITH THE PLANNING COMMISSION.
4:24:41PM SO WE CAN'T DO THAT.
4:24:42PM THE SHORT ANSWER IS, NO, YOU CAN'T DO THAT QUICKLY.
4:24:44PM >>HARRY COHEN: THANK YOU.
4:24:47PM >> YOU COULD DO THAT AT THE SAME TIME AS YOU DO ANY OTHER
4:24:50PM REGULATION.
4:24:50PM >>FRANK REDDICK: ALL RIGHT.
4:24:51PM ANYTHING ELSE, MR. SNELLING?
4:24:54PM ANYTHING ELSE FROM YOU?
4:24:57PM >>THOM SNELLING: OH, NO, SIR.
4:25:01PM JUST IF THERE ARE ANY OTHER QUESTIONS.
4:25:03PM >>FRANK REDDICK: THANK YOU.
4:25:05PM WE GO TO ITEM NUMBER 66.
4:25:09PM >>RACHEL PETERKIN: LEGAL DEPARTMENT.
4:25:19PM I'M HERE ON ITEM NUMBER 66.
4:25:23PM WHICH IS A DRAFT, TO PRESENT A DRAFT ORDINANCE REGARDING
4:25:28PM DIAPER CHANGING FACILITIES IN MEN'S AND WOMEN'S RESTROOMS IN
4:25:31PM THE CITY OF TAMPA.
4:25:35PM I HAVE A COPY OF THE DRAFT ORDINANCE THAT I FILED EARLIER.
4:25:38PM I ALSO HAVE A COPY OF STATE SENATE BILL 1082 WHICH WAS FILED
4:25:49PM IN THE STATE LEGISLATURE FOR THE SESSION THAT STARTS MARCH
4:25:52PM 5th.
4:25:54PM IT WOULD INCORPORATE BABY CHANGING TABLE REQUIREMENTS INTO
4:25:58PM THE FLORIDA BUILDING CODE.
4:26:00PM IT HAS A COMPANION BILL WHICH IS IDENTICAL, WHICH IS WHY I
4:26:04PM ONLY GAVE YOU ONE BILL, THAT WAS FILED IN THE HOUSE.
4:26:08PM THAT'S HOUSE BILL 927.
4:26:12PM I HAVE LANGUAGE WITHIN THE DRAFT ORDINANCE THAT I PROVIDED
4:26:14PM TO YOU THAT WOULD ADDRESS ANY PREEMPTION OR BUILDING CODE
4:26:18PM CHANGES.
4:26:21PM SO AS YOU KNOW, WE CAN'T KNOW WHAT THAT BILL WILL LOOK LIKE
4:26:25PM IN THE STATE LEGISLATURE.
4:26:26PM IT MAY NOT GO VERY FAR.
4:26:28PM IT MAY BE CHANGED RADICALLY IF IT DOES PROCEED.
4:26:31PM SO IT WOULD BE APPROPRIATE FOR YOU IF YOU DECIDED AT THIS
4:26:36PM TIME TO WAIT TO SEE WHAT HAPPENS TO THAT LEGISLATION AS IT
4:26:39PM MOVES THROUGH THE LEGISLATURE, BUT IT WOULD ALSO BE
4:26:42PM APPROPRIATE FOR YOU TO DECIDE TO TAKE ACTION HERE IN THE
4:26:45PM CITY FOR THOSE FACILITIES THAT WE OWN.
4:26:50PM >>LUIS VIERA: THANK YOU, MR. CHAIR.
4:26:54PM I THINK IT'S GOOD TO MOVE FORWARD ON THIS.
4:26:55PM I THINK IT MAKES SENSE.
4:26:58PM THIS IS SOMETHING THAT THE CITY OF TAMPA CAN TAKE A STAND
4:27:01PM ON, ON THIS VERY, VERY IMPORTANT MORAL ISSUE.
4:27:03PM I'M DRAWN TO IT FOR A NUMBER OF REASONS.
4:27:06PM FIRST, MYSELF, I'M A FATHER.
4:27:08PM AND I THINK THAT MANY OF US WHO RAISE CHILDREN WHO ARE MEN
4:27:13PM HAVE HAD THE EXPERIENCE OF GOING TO A RESTROOM, A BATHROOM,
4:27:18PM AND TRYING TO CHANGE YOUR CHILD, WHEN THEY ARE AN INFANT OR
4:27:21PM ONE-YEAR-OLD OR WHAT HAVE YOU AND HAVING NOTHING THERE.
4:27:25PM I REMEMBER THAT HAPPENING TO ME AND THAT'S WHY I WAS DRAWN
4:27:27PM TO BE THIS.
4:27:28PM THIS IS A VERY GOOD STATEMENT OF FATHERHOOD, THAT FATHERS
4:27:32PM MATTER, FATHERS HAVE TO BE A PART OF THEIR SONS AND
4:27:35PM DAUGHTERS LIVES.
4:27:37PM AND SECONDLY IT'S OFFENSIVE.
4:27:39PM IT'S VERY, VERY OFFENSIVE TO HAVE CHANGING STATIONS JUST IN
4:27:44PM WOMEN'S RESTROOMS AND NOT THAN MEN'S RESTROOMS.
4:27:47PM THAT'S A SENTIMENT THAT WE ALLEGEDLY LEFT BEHIND IN THIS
4:27:50PM SOCIETY 40 OR 50 YEARS AGO AND YET IT'S STILL HERE.
4:27:53PM I THINK THIS IS SOMETHING WE SHOULD MOVE FORWARD WITH.
4:27:55PM THE LEGISLATURE MAY VERY WELL MOVE FORWARD WITH THEIR OWN
4:27:58PM VERSION OF IT.
4:27:58PM I CERTAINLY HOPE THEY DO.
4:28:00PM I THINK THE MORE THE BETTER.
4:28:02PM BUFF I THINK THAT THIS IS A GOOD ORDINANCE-BASED STANCE OF
4:28:07PM MORAL SOLIDARITY THAT THE CITY OF TAMPA CAN MAKE.
4:28:09PM AND IT'S A GOOD STATEMENT.
4:28:10PM SO I AM CERTAINLY SUPPORTIVE OF IT.
4:28:12PM AND I THANK YOU FOR YOUR WORK.
4:28:14PM >>CHARLIE MIRANDA: I SECOND MR. VIERA'S MOTION.
4:28:19PM >>MIKE SUAREZ: ONE QUESTION REAL QUICK.
4:28:23PM AND THANK YOU, MR. VIERA, FOR BRINGING THIS UP.
4:28:26PM AND I WAS LOOKING AT SENATOR BOOK'S LEGISLATION.
4:28:30PM IT LOOKS LIKE AS YOU MENTION IT JIVES PRETTY WILL WITH IT.
4:28:33PM IT DOESN'T LOOK LIKE IT SPECIFIES ANYTHING ABOUT PUBLIC
4:28:36PM BUILDINGS PER SE IN OURS.
4:28:38PM AND IT JUST DEALS WITH OUR PARTICULAR FACILITIES.
4:28:41PM IS THAT CORRECT OR AM I WRONG?
4:28:43PM >>RACHEL PETERKIN: THE STATE LEGISLATURES --
4:28:46PM >> NOT THE STATE LEGISLATURE.
4:28:48PM OUR BILL.
4:28:50PM >>RACHEL PETERKIN: OURS JUST DEALS WITH CITY OWNED
4:28:52PM BUILDINGS.
4:28:53PM >>MIKE SUAREZ: AND THE SENATE BILL WILL EXPAND IT IF IT
4:28:58PM GETS PASSED?
4:28:59PM >>RACHEL PETERKIN: IT WOULD BE A CHANGE TO THE FLORIDA
4:29:00PM BUILDING CODE SO IT WOULD AFFECT ALL BUILDINGS.
4:29:04PM >>MIKE SUAREZ: I SEE YOU JIVE PERFECTLY WITH THE LANGUAGE
4:29:06PM WHICH IS GOOD.
4:29:07PM I WILL TELL YOU HAVING THREE SONS, AND MY YOUNGEST NOW IS 17
4:29:11PM YEARS OLD THERE.
4:29:11PM WERE TIMES THERE WERE NO CHANGING TABLES ANYWHERE. NOT EVEN
4:29:15PM IN SOME OF THE WOMEN'S BATHROOMS IN PUBLIC FACILITIES.
4:29:19PM IT'S A GOOD IDEA AND IT SOMETHING THAT WOULD BE HELPFUL TO
4:29:22PM BRING CHILDREN INTO THIS WORLD.
4:29:24PM THANK YOU.
4:29:24PM >>FRANK REDDICK: ANYBODY?
4:29:29PM >>HARRY COHEN: I WAS GOING TO MAKE A MOTION THAT YOU PUT IT
4:29:32PM ON FIRST READING.
4:29:33PM >>LUIS VIERA: I WILL TAKE THE ADVICE OF MY WISE COLLEAGUE
4:29:37PM AND MOTION FOR THIS TO BE MOVED FOR FIRST READING ON MARCH
4:29:40PM 7th, IF I MAY.
4:29:41PM >>FRANK REDDICK: SECONDED BY MR. MIRANDA.
4:29:43PM ANY FURTHER DISCUSSION?
4:29:44PM ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
4:29:47PM OPPOSED?
4:29:47PM >>MIKE SUAREZ: I HOPE IT'S NOT A REFLECTION OF ANY
4:29:51PM EXPECTATIONS FROM YOU.
4:29:53PM (LAUGHTER)
4:29:57PM VERY NOT AT ALL.
4:30:00PM GOOD POINT.
4:30:01PM >>FRANK REDDICK: ALL RIGHT.
4:30:03PM INFORMATION AND REPORTS.
4:30:03PM >>LUIS VIERA: NONE.
4:30:05PM I WANTED TO JUST MAKE A NOTE THAT IT APPEARS THAT ON THE
4:30:10PM COMMENDATION FOR HCC, I WAS SUPPOSED TO WAIT FOR COUNCILMAN
4:30:14PM REDDICK FOR THAT, AND I APOLOGIZE, MR. CHAIR, SO ACCEPT MY
4:30:17PM PUBLIC APOLOGIES, SIR.
4:30:19PM THANK YOU, SIR.
4:30:19PM >>CHARLIE MIRANDA: NOTHING.
4:30:22PM >>YVONNE CAPIN: NONE, SIR.
4:30:25PM >>GUIDO MANISCALCO: JUST ONE ITEM.
4:30:27PM I WOULD LIKE TO MAKE A MOTION THAT ON APRIL 4 THAT WE ALLOW
4:30:30PM TEN MINUTES AT THE BEGINNING DURING CEREMONIAL ACTIVITIES.
4:30:34PM THERE'S A GROUP, NO OFFICIAL NAME, OF STUDENTS FROM SICILY
4:30:40PM THAT'S ORGANIZED BY VINCE PARDO AND OTHER PEOPLE AND HE
4:30:44PM ASKED THEY BE GIVEN AN OPPORTUNITY TO INTRODUCE THEMSELVES
4:30:47PM AND SAY HELLO TO SEE HOW CITY COUNCIL IS ON THAT MORNING.
4:30:53PM LIKE EXCHANGE STUDENT KIND OF THING.
4:30:56PM APRIL 4th, 9 A.M., CEREMONIAL.
4:30:59PM >>FRANK REDDICK: MOTION FROM MR. MANISCALCO.
4:31:01PM SECOND BY MR. VIERA.
4:31:03PM ALL IN FAVOR OF THE MOTION?
4:31:05PM OPPOSED?
4:31:06PM OKAY.
4:31:07PM MR. COHEN?
4:31:13PM >>HARRY COHEN: THERE WAS SOME DISCUSSION THIS MORNING TO
4:31:15PM THE REPAVING, AND I HAPPENED TO BE OUT OF THE ROOM WHEN THE
4:31:18PM MOTION WAS MADE RELATED TO SENDING A LETTER TO THE MAYOR.
4:31:21PM I WANTED TO SUGGEST THAT MRS. DUNCAN COME TO CITY COUNCIL
4:31:25PM FOR A STAFF REPORT ON MARCH 7th AND GIVE US AN UPDATE ON
4:31:30PM ACTUALLY WHAT THE STATUS OF THE PROJECT IS, WHAT THE
4:31:33PM PROPOSED SCOPE OF THE PROJECT IS, AND CLEAR UP -- THERE'S AN
4:31:38PM AWFUL LOT OF CONFUSION IN THE COMMUNITY ABOUT WHAT ACTUALLY
4:31:40PM IS HAPPENING, GIVEN THE COUNTY COMMISSION'S DELIBERATIONS ON
4:31:44PM THIS YESTERDAY.
4:31:46PM I'M NOT EXACTLY AWARE WHERE THEY SEND -- ENDED UP.
4:31:51PM AND I WANT TO ASK THAT MRS. DUNCAN COME BACK ON THE 7th
4:31:54PM UNDER STAFF REPORTS, BECAUSE SINCE THAT'S ONLY TWO WEEKS
4:31:57PM THAT WILL GIVE US TIME TO HEAR ABOUT THIS PRIOR TO THE
4:31:59PM ACTUAL WORK BEING DONE.
4:32:01PM >> SECOND.
4:32:02PM >>FRANK REDDICK: GOT A MOTION FROM MR. COHEN.
4:32:04PM SECONDED BY MRS. CAPIN.
4:32:06PM ALL IN FAVOR OF THAT MOTION?
4:32:08PM OPPOSED?
4:32:09PM OKAY.
4:32:10PM MR. SUAREZ.
4:32:11PM >>MIKE SUAREZ: THEY ARE LOOKING WHETHER OR NOT I AM GOING
4:32:15PM TO SECOND IT.
4:32:16PM I SECONDED IT.
4:32:17PM I WAS ALSO OUT OF THE ROOM WHEN THAT HAPPENED SO I AM GLAD
4:32:19PM THAT YOU BROUGHT THAT UP.
4:32:20PM BECAUSE I WAS CONFUSED BY THE ARTICLE IN THE NEWSPAPER AS TO
4:32:24PM WHATEVER HAPPENED, BECAUSE IT WAS A LOT OF --
4:32:28PM >>HARRY COHEN: IT SEEMED TO BE ABOUT A MEETING OTHER THAN
4:32:30PM THE ONE --
4:32:33PM >> I THINK IT WAS A WORKSHOP. ANYWAY, SATURDAY, I THINK
4:32:37PM THAT MOST OF MY COLLEAGUES WILL BE AT A QUALITY FLORIDA
4:32:41PM GALA.
4:32:41PM I WILL NOT BE THERE WITH YOU.
4:32:43PM I AM GOING TO SEE HAMILTON.
4:32:45PM AND HOPEFULLY THE WORDS IN THE MUSS THAT I CAN WAS FROM THE
4:32:49PM HOME OF FRANKLIN IS NOT INCLUDED IN THE HIP HOP VERSION OF
4:32:51PM HAMILTON.
4:32:54PM THANK YOU ALL SO MUCH.
4:32:55PM >>MARTIN SHELBY: THANK YOU, MR. CHAIRMAN.
4:32:58PM I WOULD LIKE TO ASK COUNCIL TO MAKE A MOTION TO DIRECT ME TO
4:33:02PM AMEND COUNCIL'S RULES OF PROCEDURE, RULE 1-B-1, TO CHANGE
4:33:07PM THE DATE OF ELECTION -- EXCUSE ME, THE MONTH OF THE ELECTION
4:33:10PM FOR CHAIR FROM APRIL TO MAY.
4:33:11PM >>MIKE SUAREZ: TO MAY 1th?
4:33:19PM >>MARTIN SHELBY: THAT CITY COUNCIL SHALL ELECT A CHAIR OR
4:33:21PM CHAIR PRO TEM AT THE FIRST REGULAR MEETING ON OR AFTER MAY
4:33:25PM 1st OF EACH YEAR.
4:33:26PM HOWEVER IN AN ELECTION YEAR CITY COUNCIL SHALL HOLD AN
4:33:28PM ORGANIZATIONAL MEETING FOR THIS PURPOSE ON MAY 1st AT A
4:33:31PM SPECIAL CALLED MEETING IMMEDIATELY FOLLOWING CERTIFICATION
4:33:33PM OF THE ELECTION OF CITY COUNCIL MEMBERS IN TAKING THE OATH
4:33:35PM OF OFFICE. SO IT'S THE SAME RULE.
4:33:37PM JUST IN ACCORDANCE WITH YOUR --
4:33:39PM >> IT STILL MEANS ON THE INAUGURATION DAY THAT THEY WOULD
4:33:42PM HAVE A SPECIAL CALLED MEETING?
4:33:44PM >>MARTIN SHELBY: RIGHT.
4:33:44PM >>MIKE SUAREZ: I JUST WANTED TO MAKE SURE THEY HE WOO GOT
4:33:48PM THAT.
4:33:48PM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
4:33:50PM >> I WILL SECONDED.
4:33:54PM >>FRANK REDDICK: ALL IN FAVOR SAY AYE.
4:33:56PM OPPOSED?
4:33:56PM >>CHARLIE MIRANDA: MOVE TO RECEIVE AND FILE.
4:34:00PM >>GUIDO MANISCALCO: SECOND.
4:34:00PM >>FRANK REDDICK: MOTION BY MR. MIRANDA.
4:34:02PM SECOND BY MR. MANISCALCO.
4:34:04PM ALL IN FAVOR?
4:34:05PM OPPOSED?
4:34:06PM WE STAND ADJOURNED.
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