TAMPA CITY COUNCIL
THURSDAY, FEBRUARY 18, 2021
9:00 A.M.
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09:06:56 [GAVEL SOUNDING]
09:06:58 >>GUIDO MANISCALCO: GOOD MORNING, EVERYONE.
09:07:02 I WOULD LIKE TO CALL THIS TAMPA CITY COUNCIL MEETING TO
09:07:03 ORDER.
09:07:05 BEFORE WE GET INTO THINGS, I WOULD LIKE TO ACKNOWLEDGE
09:07:11 THE ABSENCE OF COUNCILMEMBER ORLANDO GUDES.
09:07:14 HIS FATHER PASSED AWAY THIS PAST WEEKEND, AND I WOULD
09:07:20 LIKE TO EXTEND OUR SINCEREST AND DEEPEST CONDOLENCES ON
09:07:24 THIS LOSS TO THE GUDES FAMILY, AND WE ASK THAT WE KEEP
09:07:27 HIM AND HIS FAMILY IN OUR THOUGHTS AND PRAYERS.
09:07:30 ORLANDO, IF YOU WERE WATCHING, KNOW THAT WE ARE ALL
09:07:31 HERE FOR YOU.
09:07:32 WE ARE PRAYING FOR YOU.
09:07:37 WE ARE KEEPING YOU IN OUR THOUGHTS,YOU KNOW, DURING
09:07:39 THIS DIFFICULT TIME.
09:07:42 AND ALSO, I WOULD LIKE TO ACKNOWLEDGE THE PASSING OF A
09:07:46 -- OF A GENTLEMAN WHO WAS BORN AND RAISED IN TAMPA.
09:07:49 HE PASSED AWAY TUESDAY EVENING.
09:07:50 HE WAS BORN IN YBOR CITY.
09:07:53 HE WENT TO JEFFERSON HIGH SCHOOL AND A FORMER POLICE
09:07:59 OFFICER IN THE 1960S HERE AND RETIRED TO OHIO.
09:08:02 AND IN HIS RETIREMENT, HE WAS LIKE AN UNOFFICIAL
09:08:04 HISTORIAN IN TAMPA -- FOR TAMPA.
09:08:10 AND HE HAD OVER 30,000 SOMETHING MEMBERS FOLLOWING ON
09:08:11 SOCIAL MEDIA.
09:08:15 TAMPA HISTORY AND WHATNOT, BUT I KNOW HE WAS BELOVED BY
09:08:16 MANY.
09:08:19 KERMIT NELSON FOR THOSE THAT KNOW THE NAME.
09:08:23 AND I JUST WANTED TO OFFER MY CONDOLENCES TO HIS FAMILY
09:08:28 BECAUSE ALTHOUGH HE MOVED AWAY, YBOR CITY AND TAMPA
09:08:31 WERE ALSO VERY SPECIAL PLACES FOR HIM.
09:08:35 HAVING SAID THAT, I YIELD TO COUNCILMEMBER VIERA WHO
09:08:39 WILL INTRODUCE OUR INVOCATION TODAY.
09:08:40 >>LUIS VIERA: THANK YOU, MR. CHAIR.
09:08:45 I WAS ASKED BY COUNCILMAN GUDES TO INTRODUCE THIS FINE
09:08:47 GENTLEMAN WHO HE INVITED.
09:08:53 MY GREAT PLEASURE TO INTRODUCE BROTHER IDRIS FARUK
09:09:00 MUHAMMED, THE FOUNDER OF THE NAZIR AND BOARD SECRETARY.
09:09:03 THIS INSTITUTE IS LOCATED IN SULPHUR SPRINGS.
09:09:06 HE SERVES OUR COMMUNITY WITH COMPASSION AND DIGNITY
09:09:11 WITH A WEEKLY FOOD PANTRY, VEGETABLE STAND AND ANNUAL
09:09:16 FREE TURKEY GIVEAWAY AND ANNUAL BIKE GIVEAWAY.
09:09:19 ASK TO YOU COME FORWARD AND REMAIN STANDING FOR THE
09:09:19 PLEDGE.
09:09:32 THANK YOU.
09:09:35 >>GUIDO MANISCALCO: I BELIEVE HE IS VIRTUAL.
09:09:36 >> YES, I AM ON THE LINE.
09:09:42 >>GUIDO MANISCALCO: GO AHEAD, SIR.
09:09:47 >> WHATEVER PRAYER POSITION WHICH IS MOST COMFORTABLE
09:09:50 TO YOU AS WE BOW OUR HEADS.
09:09:54 DEAR HEAVENLY FATHER, WE COME TO YOU WITH BOWED HEADS,
09:09:58 HUMBLE SPIRITS AND OPEN HEARTS ASKING THAT YOU WOULD
09:10:02 PROVIDE A MEASURE OF GRACE, A MEASURE OF MERCY, A
09:10:07 MEASURE OF BLESSINGS AND PROTECTION FOR ALL WHO ARE ON
09:10:11 THE COUNCIL, FOR ALL WHO CAN HEAR OUR VOICES, AND FOR
09:10:12 THOSE WHO CAN'T.
09:10:15 WE COME TO YOU NOW ASKING THAT WE WOULD RECEIVE FROM
09:10:20 YOU IN THIS HOUR OF SUCH A CRITICAL TIME YOUR SPIRIT TO
09:10:24 ENVELOPE ALL OF OUR HEARTS AND MINDS AND MAKE SURE THAT
09:10:27 THE STRAIGHT PATH AND THE CROOKED WORLD, TO ENRICH THE
09:10:32 SPIRIT OF OUR INTENT, TO MAKE CRYSTAL CLEAR OUR MORAL
09:10:35 COMPASS, AND TO GIVE US THE COURAGE TO DO THAT WHICH IS
09:10:39 THE FACE OF AN OPPORTUNITY SUCH HAS BEEN PRESENTED THAT
09:10:44 WILL TAKE GREAT COURAGE TO OVERCOME THE PERILS AND
09:10:46 WISDOM LAID FOR US.
09:10:49 WE ASK THAT YOU GRANT MERCY TO THE WEAK.
09:10:52 WE ASK THAT YOU GRANT MERCY TO THE STRONG.
09:10:55 WE ASK THAT YOU GRANT MERCY TO ALL OF THOSE WHO ARE
09:10:59 STRIVING TO BE UPRIGHT HEADED IN THE DIRECTION OF
09:11:02 TRUTH, FREEDOM, JUSTICE AND EQUALITY.
09:11:05 WE PRAY FOR THOSE WHO DO NOT HAVE AND WE PRAY FOR THOSE
09:11:11 WHO DO HAVE, LIKE THE SIGNS YOU HAVE CREATED IN THE
09:11:13 HEAVENS OF THE SUNSHINE ON THE RIGHTEOUS AND THE
09:11:14 WICKED.
09:11:18 WE ASK THAT YOU GIVE US TIME, LORD, TO MAKE THE
09:11:18 MEASURE.
09:11:22 WE ASK YOU THAT PROVIDE US THE COURAGE, LORD, TO TAKE
09:11:22 THE NECESSARY STEPS.
09:11:26 AND WE PRAY IF WE STUMBLE AND FALL IN THE DIRECTION
09:11:28 TOWARD WHICH WOULD YOU HAVE OF US, THAT YOU WILL BE
09:11:33 MERCIFUL AND PICK US BACK UP, DUST US OFF AND PRODUCE
09:11:35 THE MEANS FOR US TO GET BACK ON THE ROAD.
09:11:39 OH, HEAVENLY FATHER, WE PRAY THESE AND OTHER REQUESTS
09:11:40 OF MERCY.
09:11:43 BLESSINGS AND PROTECTION IN THIS HOUR OF VITAL NEED IN
09:11:47 THE NAME OF YOUR EXALTED CHRIST WE PRAY, AMEN.
09:11:49 >>GUIDO MANISCALCO: AMEN.
09:12:01 [PLEDGE OF ALLEGIANCE]
09:12:05 >>GUIDO MANISCALCO: ROLL CALL VOTE.
09:12:08 >>LUIS VIERA: HERE.
09:12:10 >>CLERK: GUDES --
09:12:11 >>BILL CARLSON: HERE.
09:12:12 >>JOHN DINGFELDER: HERE.
09:12:14 >>JOSEPH CITRO: HERE.
09:12:15 >>CHARLIE MIRANDA: HERE.
09:12:17 >>GUIDO MANISCALCO: HERE.
09:12:20 >>CLERK: YOU HAVE A QUORUM.
09:12:23 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. SHELBY.
09:12:26 >>MARTIN SHELBY: THANK YOU, MR. CHAIRMAN AND CITY
09:12:26 COUNCIL.
09:12:28 MARTIN SHELBY, CITY OF TAMPA ATTORNEY.
09:12:32 THIS MORNING, FEBRUARY 18, 2021, WE ARE HERE AT OLD
09:12:37 CITY HALL, 315 EAST KENNEDY BOULEVARD.
09:12:40 THIS IS A REGULAR AGENDA.
09:12:44 AND THIS IS TAKING PLACE DURING THE COVID-19 STATE OF
09:12:48 EMERGENCY, WHICH IS BEING CONDUCTED LIVE, IN PERSON
09:12:54 QUORUM -- WITH AN IN-PERSON QUORUM PRESENT IN CITY
09:12:54 COUNCIL CHAMBERS.
09:12:57 IN RESPONSE TO THE COVID-19 RESTRICTIONS, MEMBERS OF
09:13:01 THE PUBLIC ARE ENCOURAGED TO PARTICIPATE VIRTUALLY
09:13:04 THROUGH VIDEO CONFERENCE AS COMMUNITY MEDIA TECHNOLOGY.
09:13:07 THESE MEETINGS ARE BEING HELD WITHIN THE EMERGENCY
09:13:11 RULES OF PROCEDURES AS ADOPTED BY RESOLUTION 2020-225
09:13:16 AS AMENDED BY RESOLUTION NUMBER 2020-490.
09:13:19 THE PUBLIC AND THE CITIZENS OF TAMPA ARE ABLE TO WATCH,
09:13:22 LISTEN AND VIEW THIS MEETING ON CABLE TV, SPECTRUM
09:13:26 CHANNEL 640 AND FRONTIER CHANNEL 15 AND STREAMING ON
09:13:32 THE INTERNET AT TAMPA.GOV/LIVESTREAM.
09:13:35 NOW MEMBERS OF THE PUBLIC ARE ABLE TO PARTICIPATE
09:13:38 VIRTUALLY, AND THERE ARE SEVERAL MEANS TO DO SO.
09:13:42 AND THAT IS AVAILABLE TO BE EXPLAINED TO THE PUBLIC ON
09:13:49 THE CITY COUNCIL'S WEB SITE AT TAMPA.GOV/CITYCOUNCIL.
09:13:53 PEOPLE CAN SEND IN COMMENTS BY INTERNET AND WEB.
09:13:57 CAN SEND IN COMMENTS BY E-MAIL BY U.S. MAIL FOR GENERAL
09:13:58 PUBLIC COMMENT.
09:14:01 THEY CAN LEAVE A VOICEMAIL MESSAGE.
09:14:03 THEY CAN SPEAK REMOTELY DURING PUBLIC COMMENT USING
09:14:08 THEIR DEVICES REMOTELY, BUT THEY DO HAVE TO
09:14:09 PREREGISTER.
09:14:12 AGAIN THAT INFORMATION IS AVAILABLE ON -- ON THE CITY
09:14:13 COUNCIL'S WEB SITE.
09:14:16 NOW FOR THOSE WHO DO NOT HAVE ACCESS TO A
09:14:20 COMMUNICATIONS MEDIA DEVICE, THEY DO HAVE THE OPTION OF
09:14:23 PARTICIPATING WITH TECHNOLOGY THAT IS BEING MADE
09:14:27 AVAILABLE TO THE PUBLIC BY THE CITY OF TAMPA AT THIS
09:14:31 MEETING OLD CITY HALL, EAST KENNEDY BOULEVARD ON THE
09:14:32 SECOND FLOOR.
09:14:35 PLEASE NOTE THAT THE USE OF MASKS AND SOCIAL DISTANCING
09:14:38 IS REQUIRED INSIDE THIS BUILDING.
09:14:41 ALL WRITTEN OR VOICEMAIL COMMENTS FOR LEGISLATIVE
09:14:45 MATTERS WOULD HAVE TO BE RECEIVED 24 HOURS PRIOR TO THE
09:14:47 MEETING AND HAVE BEEN DISTRIBUTED TIMELY TO CITY
09:14:50 COUNCIL AND ARE WILLING MADE PART OF THE RECORD.
09:14:55 COUNCIL, IF ONE NEEDS TO PARTICIPATE REMOTELY IN PUBLIC
09:14:59 HEARINGS, THEN THAT INFORMATION IS AVAILABLE ON THE
09:15:02 CITY'S WEB SITE AS WELL.
09:15:05 AND THAT REQUIRES PREREGISTRATION UNLESS THEY ARE GOING
09:15:08 TO APPEAR ON THE SECOND FLOOR IN OLD CITY HALL.
09:15:09 THANK YOU, MR. CHAIRMAN.
09:15:10 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:15:12 BEFORE WE GO TO THE APPROVAL OF THE AGENDA.
09:15:16 A SPECIAL MESSAGE FROM MAYOR JANE CASTOR.
09:15:35 MAYOR JANE, IF YOU WERE ON THE LINE, TAKE IT AWAY.
09:15:45 [INAUDIBLE]
09:15:47 >>GUIDO MANISCALCO: IF WE CAN BRING THE MAYOR IN
09:15:54 VIRTUALLY.
09:15:57 >>CLERK: MR. CHAIR, THE MAYOR HAS MOVED LOCATIONS.
09:16:00 IF YOU GO TO ITEM NUMBER 1 AND GO BACK TO THE MAYOR.
09:16:02 >>GUIDO MANISCALCO: LET'S HAVE APPROVAL OF THE AGENDA
09:16:05 AND THE ADDENDUM.
09:16:07 >>LUIS VIERA: BEFORE IF I MAY, MR. CHAIR.
09:16:07 TWO THINGS.
09:16:10 I SEE WE ONLY HAVE FOUR MEMBERS UP HERE PHYSICALLY.
09:16:16 I AM EXPECTING A CALL FROM MY SON -- YEAH, ONE, TWO, --
09:16:16 YEAH, FOUR.
09:16:22 I AM EXPECT A CALL FROM MY SON'S SCHOOL 10:30 AND
09:16:23 11:00.
09:16:27 I APOLOGIZE IN ADVANCE FOR THAT BECAUSE WE WILL HAVE TO
09:16:29 STOP COUNCIL FOR THAT.
09:16:31 >>GUIDO MANISCALCO: WE WILL TAKE A BREAK THEN.
09:16:34 >>LUIS VIERA: I WILL APPRECIATE THAT.
09:16:38 ITEM NUMBER 73, I TEXTED AN ADMINISTRATION ON THIS.
09:16:42 I WANT TO CONTINUE THIS TO THE MARCH 4 MEETING.
09:16:43 THE TRANSPORTATION REPORT.
09:16:46 WE HAVE A VERY, VERY, VERY BUSY AGENDA AND TO THE
09:16:49 EXTENT WE HAVE A BACK AND FORTH ON THE VERY FINAL ITEM
09:16:52 OF THE AGENDA AFTER EVERYTHING WE GO THROUGH, I THINK
09:16:55 IT IS WISE TO HAVE THAT ON MARCH 4, IF I MAY.
09:16:56 >>GUIDO MANISCALCO: ALL RIGHT.
09:16:57 WE WILL DO THAT.
09:17:00 YES?
09:17:15 [INAUDIBLE]
09:17:17 >>JOHN DINGFELDER: WE CAN'T HEAR HER.
09:17:20 >>GUIDO MANISCALCO: YOUR MICROPHONE IS NOT ON.
09:17:22 YOUR MICROPHONE.
09:17:23 GO AHEAD.
09:17:24 >>ANDREA ZELMAN: IS IT ON?
09:17:27 CAN YOU HEAR ME NOW?
09:17:30 ANDREA ZELMAN, DEPUTY CITY ATTORNEY.
09:17:32 AS GINA GRIMES SAID IN THE MEMO UNDER YOUR RULES OF
09:17:35 PROCEDURES THE COUNCIL SHOULD NOT BE DISCUSSING MATTERS
09:17:39 OF WHICH THE CITY A PARTY IN LITIGATION -- THE CITY IS
09:17:43 A PARTY IN LITIGATION WITH REGARD TO BOTH THE LEGALITY
09:17:46 OF THE TEXT BUT ALSO THERE WAS A CLASS-ACTION LAWSUIT
09:17:49 BROUGHT WITH REGARD TO THE FUNDS AND ARE BEING
09:17:50 COLLECTED.
09:17:54 THEREFORE, WE ASK RATHER THAN CONTINUE THIS, YOU SIMPLY
09:17:58 WOULD WITHDRAW YOUR MOTION OR CONSIDER YOUR MOTION
09:18:02 SATISFIED BY THE MEMORANDUM AND, AGAIN, ANY MEMBER OF
09:18:06 COUNCIL CAN CERTAINLY DISCUSS THE LITIGATION AND THE
09:18:11 STATUS OF THE FUNDS ONE ON ONE WITH MISS GRIMES OR
09:18:15 URSULA RICHARDSON WITH OUR OFFICE, BUT THERE SHOULD BE
09:18:19 NO PUBLIC DISCUSSION OF IT AT COUNCIL.
09:18:21 >>LUIS VIERA: I APPRECIATE THAT 100%.
09:18:28 PROUD TO HAVE THAT AND BUT I WILL STILL HAVE THAT
09:18:29 CONTINUED.
09:18:33 IF THAT WILL BE DISCUSS AT THE MARCH MEETING -- BUT I
09:18:35 KNOW ON MARCH 3, THE COUNTY COMMISSION WILL BE HEARING
09:18:35 ON THAT.
09:18:38 AGAIN, WE ARE NOT LOOKING AT TALKING ABOUT LITIGATION
09:18:42 OR ANYTHING OF THAT NATURE, MY MOTION WAS A YES OR NO,
09:18:44 WHICH THE MEMO ANSWERS, RIGHT.
09:18:47 TO HAVE THAT HEARD OUT AND WHAT THOSE FUNDS WILL BE
09:18:51 SPENT OUT ON AND IF THE NO PRECLUDES THE DISCUSSION ON
09:18:53 THAT WE WILL TAKE IT UP MARCH 4.
09:18:56 I DON'T WANT TO HAVE THE DISCUSSION THAT WE ARE HAVING
09:18:56 NOW.
09:18:57 YOU KNOW WHAT I AM SAYING.
09:19:00 WE CAN HAVE THAT DISCUSSION ON MARCH 4.
09:19:04 AND I RESPECT YOUR POSITION 110%, BUT LET'S CONTINUE
09:19:08 THAT TO MARCH 4 IN THE LIGHT MOST FAVORABLE TO THE
09:19:09 LEGAL DEPARTMENT.
09:19:11 >>JOHN DINGFELDER: SECOND YOUR MOTION.
09:19:13 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN VIERA,
09:19:19 SECONDED FROM COUNCILMAN DINGFELDER.
09:19:20 AYE.
09:19:22 ANYONE ELSE?
09:19:27 BEFORE WE GET A MOTION TO APPROVE THE AGENDA AND THE
09:19:29 MOMENTUM.
09:19:36 AND CHIEF BENNETT TO CHAIR OF THAT COMMITTEE
09:19:39 CONSIDERING HIS ABSENCE.
09:19:44 UPON FURTHER RESEARCH, THE ADMINISTRATION RECOMMENDS
09:19:51 COUNCILMAN GUDES' REQUEST FOR CONTINUANCE SUBJECT TO
09:19:54 CONCURRENCE FROM THE REMAINING CITY COUNCILMEMBERS TO
09:19:58 CONTAIN THE FINANCE COMMITTEE AND THE ADMINISTRATION
09:20:01 OFFERS PRAYERS AND SUPPORT DURING THIS TIME OF LOSS.
09:20:07 SO WE WILL BE CONTINUING ITEM 36-41, I WOULD ASSUME TO
09:20:11 MARCH 4 WHICH IS OUR NEXT REGULAR AGENDA -- REGULAR
09:20:14 CITY COUNCIL MEETING.
09:20:17 >>JOSEPH CITRO: WOULD YOU LIKE A MOTION, MR. CHAIR?
09:20:21 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN CITRO.
09:20:24 SECOND BY COUNCILMAN CARLSON.
09:20:26 TO CONTINUE TO MARCH 4.
09:20:27 ALL IN FAVOR.
09:20:27 OPPOSED.
09:20:28 THAT SETTLES THAT.
09:20:32 A MOTION TO APPROVE THE AGENDA AND THE ADDENDUM TO THE
09:20:33 AGENDA.
09:20:34 >>LUIS VIERA: SO MOVED.
09:20:35 >>BILL CARLSON: SECOND.
09:20:37 >>GUIDO MANISCALCO: ALL IN FAVOR.
09:20:38 ANY OPPOSED?
09:20:41 MARTIN SHELBY.
09:20:45 >>MARTIN SHELBY: MR. CHAIRMAN, I -- SORRY TO
09:20:46 INTERRUPT.
09:20:50 ITEM NUMBER 66 WILL BE HEARD AT 1:30 P.M. AND NOT THE
09:20:54 TIME ON THE FINAL AGENDA SET FOR -- PROBABLY WAS SET
09:20:55 FOR 10:30.
09:20:56 BUT THAT WAS NOT CORRECT.
09:21:01 SO IF THE PUBLIC IS INTERESTED IN THE REVIEW HEARING ON
09:21:04 PROPERTY AT 1421 EAST CRAWFORD STREET, THAT WILL BE
09:21:06 HEARD AFTER 1:30 THIS AFTERNOON.
09:21:07 THANK YOU, SIR.
09:21:09 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
09:21:12 WE HAVE CLARIFIED THAT.
09:21:14 ALL RIGHT.
09:21:16 IS THE MAYOR ON THE LINE?
09:21:19 OR SHOULD WE PROCEED TO ITEM NUMBER 1.
09:21:19 OKAY.
09:21:22 WE WILL GO TO ITEM NUMBER 1, THE MOTION WAS INITIATED
09:21:25 BY COUNCILMAN.
09:21:30 >>JOSEPH CITRO: TO PRESENT A COMMENDATION TO MR.
09:21:34 STEVEN LYTLE.
09:21:37 >>JOSEPH CITRO: MR. CHAIR, A MOTION I HAD MADE ON
09:21:39 BEHALF OF COUNCILMAN MIRANDA.
09:21:41 COUNCILMAN MIRANDA, WOULD YOU LIKE TO PROCEED WITH
09:21:42 THIS?
09:21:43 >>CHARLIE MIRANDA: THANK YOU VERY MUCH.
09:21:44 I HAVE IT HERE.
09:21:49 I APPRECIATE IT VERY MUCH, MR. CITRO.
09:21:51 I COME WITH A HEAVY HEART AND THIS INDIVIDUAL HAS BEEN
09:21:56 HERE FOR A FEW YEARS, AND HE HAS HAD A GREAT PAST.
09:21:59 IN THE NEIGHBORHOOD IN WHICH HE LIVES AND A GREAT PAST
09:22:03 IN HELPING THE CITY MOVE ALONG IN A VERY ORDERLY
09:22:04 MANNER.
09:22:10 I FIRST MET MR. LYTLE BY MR. LIVERPOOL THE ORIGINAL
09:22:12 APPOINTEE.
09:22:15 HE HAD A POSITION WITH RAYMOND JAMES AND NOW EXECUTIVE
09:22:16 VICE PRESIDENT OVER THERE.
09:22:19 AND HE RECOMMENDED MR. LYTLE WHO I HAD NEVER MET.
09:22:23 I INTERVIEWED MR. LYTLE, AND THAT IS HOW I BECAME
09:22:24 ACQUAINTED WITH HIM.
09:22:27 IN RECOGNITION TO YOUR OUTSTANDING SERVICE FOR FIVE
09:22:30 YEARS OF DEDICATED SERVICE FOR THE CITIZENS BOARD
09:22:33 ADVISORY BOARD, THOSE THREE YEARS AS CHAIRMAN AND YOUR
09:22:37 FIVE YEARS AS A MEMBER THE PUBLIC NUISANCE ABATEMENT
09:22:38 BOARD.
09:22:41 YOUR TOTAL COMMITMENT TO THE NEIGHBORHOOD AND RESIDENCE
09:22:42 ARE OUTSTANDING.
09:22:46 YOU SERVED SIX YEARS FROM SOUTH SEMINOLE HEIGHTS CIVIC
09:22:46 BOARD.
09:22:48 FOUR OF THOSE AS PRESIDENT.
09:22:52 YOU IN YOUR TENURE EXECUTED AND INSTALLED THE FIRST
09:22:57 MURAL AND PERMITTED THE HEIGHTS MUSIC PARKS FESTIVAL
09:23:02 AND ULTIMATELY PROVIDED A $25,000 SCHOLARSHIP TO A
09:23:06 HILLSBOROUGH HIGH SCHOOL STUDENT WHO ATTENDED THE
09:23:07 UNIVERSITY OF SOUTH FLORIDA.
09:23:10 AND CREATED THE SEMINOLE HEIGHTS PARKS TRAIL WHICH
09:23:12 RESULTED IN NEARLY 20 PUBLIC ART INSTALLATIONS
09:23:14 THROUGHOUT THE COMMUNITY.
09:23:17 YOU HELPED SECURE $75,000 IN GRANT FUNDING FOR PROJECTS
09:23:22 IN YOUR COMMUNITY AND YOU WERE INSTRUMENTAL IN SECURING
09:23:27 $1.5 MILLION IN PART PROJECT FUNDING TO SUPPORT
09:23:32 SHORELINE RESTORATION, SEAWALL AND DOCK REPLACEMENT,
09:23:38 TREE CANOPY, SUSTAINABILITY AND PLANS THOUGHT THE PARKS
09:23:39 IN SEMINOLE HEIGHTS.
09:23:44 IT IS A PLEASURE THAT WE WELCOME THIS COMMENDATION TO
09:23:46 YOU BY THE TAMPA CITY COUNCIL.
09:23:48 HEARTFELT THAT YOU ARE LEAVING.
09:23:50 YOU HAVE DONE AN OUTSTANDING JOB.
09:23:54 YOU ARE AN OUTSTANDING YOUNG PERSON AND WHEREVER YOU
09:23:56 GO, I KNOW YOU WILL BE A LEADER.
09:23:57 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, COUNCILMAN
09:23:58 MIRANDA.
09:24:00 CONGRATULATIONS, MR. LYTLE.
09:24:03 IF YOU WOULD LIKE TO SAY ANYTHING, SIR?
09:24:05 COUNCILMAN VIERA, GO AHEAD, SIR.
09:24:09 >>LUIS VIERA: SORRY, I WAS GONE -- I WAS TALKING TO
09:24:11 YOUR WONDERFUL ASSISTANT, LISA.
09:24:13 WAS EVERYBODY DONE SPEAKING?
09:24:15 >>GUIDO MANISCALCO: NO, GO AHEAD.
09:24:16 >>LUIS VIERA: JUST MAKING SURE.
09:24:18 I APOLOGIZE FOR THAT.
09:24:20 THANK YOU COUNCILMAN MIRANDA FOR BRINGING THIS FORWARD
09:24:24 AND COUNCILMAN CITRO FOR MAKING THAT MOTION.
09:24:28 STEPHEN, YOU ARE A TREMENDOUS ASSET TO THIS CITY AND WE
09:24:31 ARE SAD TO LEAVE TO YOU THE GREAT STATE OF ARKANSAS.
09:24:36 YOU AND YOUR WIFE, ADRIENNE, ARE GOOD PEOPLE AND
09:24:37 HARD-WORKING PEOPLE.
09:24:39 MORE THAN BEING INVOLVED IN THE COMMUNITY, YOU ARE ALSO
09:24:41 GOOD PARENTS TO YOUR DAUGHTER.
09:24:44 WE ALWAYS SEE THE WONDERFUL PICTURES THAT YOU PUT ON
09:24:46 FACEBOOK BECAUSE YOU ARE ONE HELL OF A PROUD FATHER AND
09:24:49 THAT IS THE FINEST HAT TO WEAR AND I KNOW IN OUR
09:24:53 DISCUSSIONS THAT IS THE HAT YOU ARE PROUDEST OF.
09:24:55 YOU ALWAYS -- YOU KNOW, ONE OF THE THINGS THAT ALWAYS
09:24:59 IMPRESSES ME ABOUT YOU IS THAT YOU ALWAYS HAVE BEEN
09:25:00 VERY EARNEST.
09:25:04 YOU ALWAYS HAVE BEEN VERY, YOU KNOW, JUST FORTHCOMING
09:25:06 WITH REGARDS TO YOUR LIFE JOURNEY.
09:25:09 ONE THAT ALWAYS TOUCHED ME.
09:25:11 I AM JUST BEING HONEST.
09:25:12 IT REALLY HAS.
09:25:16 YOU RAN FOR TAMPA CITY COUNCIL IN A TOUGH RACE.
09:25:17 YOU HAD REAL TOUGH PEOPLE.
09:25:21 NICHOLAS GLOVER IS ONE OF MY FAVORITE PEOPLE.
09:25:27 V PUB, A GREAT PERSON AND CONSTITUENT, AND JOHN
09:25:29 DINGFELDER WHO IS WITH US TODAY AND RUNNING AGAINST
09:25:32 SOMEBODY WITH EIGHT YEARS ON TAMPA CITY COUNCIL AND
09:25:36 THAT IS A VERY, VERY TOUGH RACE AND WHATNOT.
09:25:39 JUST RUNNING FOR OFFICE UNDER ANY CIRCUMSTANCE IS VERY,
09:25:42 VERY DIFFICULT TO DO, BUT YOU DID IT WITH A LOT OF
09:25:42 HEART.
09:25:46 AND YOU HAVE ALWAYS BEEN A GREAT ADVOCATE FOR SEMINOLE
09:25:48 HEIGHTS AND FOR ALL THE CITY OF TAMPA.
09:25:52 AND ALSO YOUR WORK ON THE -- ON THE CITIZENS BUDGET
09:25:55 ADVISORY BOARD, WHICH IS WHERE I FIRST GOT TO MEET YOU.
09:25:57 AND YOU IMPRESSED THE HECK OUT OF ME.
09:26:00 WE MAY NOT SEE EYE TO EYE ON EVERY SINGLE THING.
09:26:05 I CALL YOU A FRIEND AND I THINK OUR GOOD GENTLEMAN.
09:26:09 AND SAD TO SEE YOU GO TO THE GREAT STATE OF BILL
09:26:11 CLINTON AND BUMPERS.
09:26:13 THANK YOU.
09:26:15 >>GUIDO MANISCALCO: ANYBODY ELSE?
09:26:16 COUNCILMAN CITRO?
09:26:17 >>JOSEPH CITRO: THANK YOU.
09:26:21 YOU HAVE BEEN AN ASSET TO THE CITY ESPECIALLY SEMINOLE
09:26:21 HEIGHTS.
09:26:24 IT WILL BE DIFFICULT TO LET ALL THESE ORGANIZATIONS
09:26:27 THAT YOU HAVE BEEN A MEMBER WITH TO GO TO ARKANSAS.
09:26:32 BUT I AM SURE, STEPHEN, YOU WILL BE AN ASSET IN THE
09:26:34 NEXT CITY THAT YOU AND YOUR WIFE LIVE IN.
09:26:35 THANK YOU, MR. CHAIR.
09:26:38 >>GUIDO MANISCALCO: ANYBODY ELSE.
09:26:39 COUNCILMAN CARLSON?
09:26:41 >>BILL CARLSON: I WANT TO THANK YOU FOR YOUR
09:26:43 LEADERSHIP IN THE NEIGHBORHOOD ASSOCIATIONS.
09:26:46 YOU KNOW WE PARTICIPATED IN ROUNDTABLES OF
09:26:47 NEIGHBORHOODS AND YOU WERE THE ONE THAT ALWAYS TALKED
09:26:51 ABOUT THE NEW TECHNOLOGIES AND GREAT IDEAS AND YOU WERE
09:26:53 AN INSPIRATION FOR OTHER NEIGHBORHOOD ASSOCIATIONS AND
09:26:57 I ECHO WHAT COUNCILMAN VIERA SAID THANK YOU FOR SHARING
09:27:00 YOUR PERSONAL JOURNEY AND AN INSPIRATION FOR A LOT OF
09:27:02 FOLKS OUT THERE.
09:27:03 PLEASE STAY IN TOUCH.
09:27:06 WHEN YOU BECOME CEO, PLEASE REMEMBER US.
09:27:06 THANK YOU.
09:27:08 >>GUIDO MANISCALCO: ANYBODY ELSE.
09:27:12 MR. LYTLE, YOU HAVE ALWAYS BEEN A FIERCE ADVOCATE AND
09:27:13 FIGHTER FOR THE NEIGHBORHOODS.
09:27:16 YOU -- I THINK YOU SERVED SEMINOLE HEIGHTS WELL AND THE
09:27:18 CITY ON THIS -- ON THIS BOARD.
09:27:21 AND WE APPRECIATE YOU.
09:27:24 WE ARE SAD TO SEE YOU GO, BUT I LIKE TO SEE PEOPLE
09:27:27 SUCCEED AND YOU ARE MOVING ON UP IN LIFE, AND I WISH
09:27:30 YOU AND YOUR FAMILY THE BEST IN ALL OF YOUR FUTURE
09:27:30 ENDEAVORS.
09:27:34 IF YOU WOULD LIKE TO SAY ANYTHING?
09:27:37 >>STEPHEN LYTLE: YOU GUYS KNOW ME ENOUGH TO KNOW VERY
09:27:41 RARELY AM I SPEECHLESS, BUT I APPRECIATE THE SENTIMENTS
09:27:44 THAT YOU SHARE AND APPRECIATE THE SERVICE EACH OF YOU
09:27:45 PROVIDE ON CITY COUNCIL.
09:27:48 I WANT YOU TO KNOW EACH OF YOU HAVE IMPACTED ME IN MY
09:27:50 PERSONAL, PROFESSIONAL DEVELOPMENT IN DIFFERENT WAYS.
09:27:53 AND I AM VERY PROUD OF THE FACT THAT YOU ALL HAVE
09:27:57 PLAYED A SIGNIFICANT ROLE IN ELEVATING THE IMPACT AND
09:28:00 EFFICACY OF THE BUDGET ADVISORY BOARD AND EVEN MORE
09:28:03 IMPORTANTLY THE NEIGHBORHOOD I LIVE IN, ALL OF YOU HAVE
09:28:06 HELPED PROVIDE IMPROVEMENTS TO SEMINOLE HEIGHTS AND
09:28:08 MORE SPECIFICALLY SOUTH SEMINOLE HEIGHTS AND HAVE BEEN
09:28:12 HERE FOR 20 YEARS AND EVERY YEAR HAS BEEN PROGRESSIVELY
09:28:14 BETTER AND THANK YOU ALL FOR THAT OPPORTUNITY AS WELL
09:28:17 AND VERY APPRECIATIVE OF WHAT YOU GUYS DO AND THE
09:28:18 COMMENDATIONS.
09:28:20 THANK YOU VERY MUCH.
09:28:23 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA, YES, SIR.
09:28:26 >>CHARLIE MIRANDA: MR. VIERA BROUGHT UP POLITICS.
09:28:29 AND HE RAN.
09:28:32 YOU KNOW, I ALWAYS LOOKED AT POLITICS IN A DIFFERENT
09:28:32 FASHION.
09:28:36 NO ONE EVER LOSES AN ELECTION.
09:28:36 NONE.
09:28:38 SOMETIMES YOU DON'T GET ENOUGH VOTES.
09:28:41 AND YOU GOT TO LOOK THROUGH LIFE AND NEVER LOOK BACK,
09:28:41 KEEP FORWARD.
09:28:43 AND YOU HAVE ALWAYS DONE THAT.
09:28:45 I KNOW YOU WILL BE SUCCESSFUL WHEREVER YOU GO.
09:28:48 AND I WILL MAKE SURE THE COMPANY THAT YOU WITH THAT I
09:28:51 DO A LOT OF MY SHOPPING, AND THAT IS WALMART.
09:28:54 YOU ARE A GREAT GUY, AND I APPRECIATE EVERYTHING THAT
09:28:55 YOU AND YOUR FAMILY HAVE DONE.
09:28:56 KEEP DOING WHAT YOU ARE DOING.
09:28:58 I APPRECIATE IT.
09:29:00 YOU AND YOUR WHOLE FAMILY.
09:29:01 GOOD BLESS YOU.
09:29:03 >> THANK YOU VERY MUCH.
09:29:07 >>LUIS VIERA: I AM SO SORRY, A TEXT FROM JEAN DUNCAN
09:29:11 THAT SAID MRS. STEVEN AS WELL ON BEHALF THE MOBILITY
09:29:12 DEPARTMENT.
09:29:14 THANK YOU, JEAN DUNCAN.
09:29:16 I WANTED TO PASS THAT WISH ALONG.
09:29:19 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. LYTLE.
09:29:21 NEXT WE HAVE A FEW APPOINTMENTS HERE.
09:29:28 ITEM NUMBER 2 IS A REAPPOINTMENT TO THE CIVIL SERVICE
09:29:28 BOARD.
09:29:32 THE BOARD MEMBER CANDIDATE IS CHARLOTTE C. HURSEY.
09:29:37 CAN WE GET A MOTION RECEIVE AND FILE THAT?
09:29:40 >>LUIS VIERA: SO MOVED.
09:29:40 >>JOSEPH CITRO: SECOND.
09:29:43 >>GUIDO MANISCALCO: A MOTION AND SECOND.
09:29:47 ALL IN FAVOR.
09:29:47 AYE.
09:29:50 >>LUIS VIERA: A MOMENT OF PRIVILEGE.
09:29:54 I WORKED ON THE CIVIL REVIEW BOARD AND WORKED WITH
09:29:58 CHARLOTTE AND SHE DOES AN AWESOME JOB.
09:30:01 ALL SO MANY WONDERFUL PEOPLE AND KEEP UP THE GREAT
09:30:04 WORK, CHARLOTTE, AND WE ARE PROUD OF YOU.
09:30:04 THANK YOU, SIR.
09:30:06 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:30:16 NEXT UP WE HAVE MISS SHIRLEY FOXX-KNOWLES, DO YOU WANT
09:30:17 TO SPEAK ON THESE.
09:30:18 >>SHIRLEY FOXX-KNOWLES: IF YOU WANT.
09:30:23 THE NEXT PERSON IS GILBERT TORRES RUIZ.
09:30:26 HE IS ASKING TO BE APPOINTED TO THE CODE ENFORCEMENT
09:30:29 PUBLIC NUISANCE ABATEMENT BOARD.
09:30:31 >>GUIDO MANISCALCO: OKAY.
09:30:33 ANY QUESTIONS OR COMMENTS.
09:30:34 IF NOT --
09:30:38 >>JOSEPH CITRO: SO MOVED.
09:30:39 >>CHARLIE MIRANDA: SECOND.
09:30:41 >>GUIDO MANISCALCO: MOTION AND SECOND.
09:30:43 ALL IN FAVOR.
09:30:43 AYE.
09:30:44 OPPOSED?
09:30:48 ALL RIGHT, THE FINAL ONE FOR THE BARRIO-LATINO
09:30:48 COMMISSION.
09:30:52 >>SHIRLEY FOXX-KNOWLES: YES, MR. JOSE S. PEREZ WOULD
09:30:58 LIKE TO BE APPOINTED TO THE BARRIO-LATINO COMMISSION.
09:31:01 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN CITRO.
09:31:03 A SECOND FROM COUNCILMAN MIRANDA.
09:31:05 ALL IN FAVOR.
09:31:06 ANY OPPOSED?
09:31:09 THANK YOU VERY MUCH.
09:31:11 >>SHIRLEY FOXX-KNOWLES: THANK YOU.
09:31:22 >>GUIDO MANISCALCO: IS MAYOR CASTOR READY TO GO?
09:31:25 >>CLERK: THE MAYOR IS TRYING TO SET UP AND MOVE ON TO
09:31:26 PUBLIC COMMENT.
09:31:28 >>GUIDO MANISCALCO: START WITH THE PEOPLE IN THE
09:31:29 SECOND FLOOR HERE IN PERSON.
09:31:31 THREE MINUTES PER SPEAKER.
09:31:33 PLEASE APPROACH THE LECTERN.
09:31:48 STATE YOUR NAME AND WE WILL BEGIN THE CLOCK.
09:31:50 >> GOOD MORNING.
09:31:51 MY NAME IS TRAVIS PHELPS.
09:31:55 I AM THE PRESIDENT OF THE UNION IRONWORKERS HERE IN
09:31:55 TAMPA.
09:31:57 I AM VERY EXCITED TO SEE THE TAMPA OF CITY PUTTING
09:32:02 FORTH AN ORDINANCE TO GIVE MORE LOCAL RESIDENTS THE
09:32:05 SAME BENEFITS OF THE WORKING CAREER THAT I EXPERIENCED.
09:32:08 I STARTED OUR PROGRAM 14 YEARS AGO AND ABLE TO PROVIDE
09:32:12 HEALTH CARE AND A LIVING WAGE FOR MY FAMILY THE ENTIRE
09:32:13 TIME.
09:32:15 I WOULD LIKE TO ADD THAT THE BUILDING TRADES HAVE
09:32:19 ESTABLISHED PREAPPRENTICESHIPS IN SEVERAL HIGH SCHOOLS
09:32:21 AND SURROUNDING AREA THAT WILL BENEFIT FROM THIS
09:32:22 ORDINANCE.
09:32:26 TAMPA BAY TECH, HILLSBOROUGH HIGH, EAST BAY AND
09:32:27 JEFFERSON ARE FOUR OF THEM.
09:32:30 I WOULD LIKE TO SAY I AM VERY HAPPY AND VERY MUCH
09:32:32 SUPPORT OF THIS ORDINANCE AND I APPRECIATE YOUR TIME.
09:32:40 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:32:45 ALL RIGHT, NEXT SPEAKER AFTER WE SANITIZE THE
09:32:53 MICROPHONE WHICH WE DO AFTER EACH SPEAKER.
09:32:57 GOOD MORNING, SIR.
09:32:58 PLEASE STATE YOUR NAME.
09:33:00 WE HAVE THREE MINUTES.
09:33:01 >> NATE LORE.
09:33:05 I AM A 29-YEAR-OLD FIRST-YEAR APPRENTICE WITH
09:33:06 IRONWORKERS.
09:33:09 I BEGAN MY CAREER IN THE TRADES IN 2015 AFTER AN
09:33:13 UNSATISFIED JOURNEY THROUGH OFFICE WORK AND CUSTOMER
09:33:20 SERVICE AND INSTANTLY HAD LOW INDUSTRY, LOWER THAN
09:33:23 EXPECTED WAGES AND FEW BENEFITS.
09:33:27 UPON ENTERING THE STATE APPRENTICESHIP WAS $15 WITH NO
09:33:27 BENEFITS.
09:33:32 THE APPRENTICESHIP AND IRONWORKERS 397 CHANGED THAT
09:33:32 IMMEDIATELY.
09:33:37 I BEGAN WORKING OUT OF LOCAL 397 IN 2020.
09:33:41 I RECEIVED A PAY BUMP AND EARNING HOURS FOR MY HEALTH
09:33:41 INSURANCE.
09:33:45 FIRST TIME IN MY ADULT LIFE I HAVE HEALTH INSURANCE AND
09:33:46 A RETIREMENT PLAN.
09:33:50 THE PROGRAM HAS CLASSROOMS AND HANDS-ON INSTRUCTIONS
09:33:54 AND REQUIRED ON-THE-JOB HOURS THAT PREPARES ME TO BE A
09:33:58 HIGHLY SKILLED IRONWORKER AND CONTINUITY AND STANDARD
09:34:00 OF TRAINING FOR OUR CONTRACTORS.
09:34:03 OUR PROGRAM HAVE MERIT-BASED REQUIREMENTS FOR REGULAR
09:34:06 RAISES BASED ON WORK ETHIC AND SKILL.
09:34:11 BECAUSE OF THIS A CLEAR VISION TO A MODEST MIDDLE-CLASS
09:34:13 INCOME AND RETIREMENT.
09:34:15 I HAVE A REALISTIC OPPORTUNITY TO SUPPORT A FAMILY.
09:34:20 WHEN I THINK OF THIS APPRENTICESHIP ORDINANCE I THINK
09:34:23 OF OPPORTUNITY, THE OPPORTUNITY FOR THE NEXT TRADESMEN
09:34:27 IN TAMPA BAY TO HAVE A GOOD QUALITY EMPLOYMENT AND A
09:34:30 REWARD OF HARD WORK, TO RETIRE WITH THEIR LOVED ONES.
09:34:34 MOST PEOPLE REALLY ASK OF THEIR ELECTED OFFICIALS THAT
09:34:36 THEY WORK TO INCREASE THEIR OPPORTUNITIES.
09:34:39 THIS APPRENTICESHIP ORDINANCE IS JUST THAT.
09:34:43 INCREASE WORK AND BRING HIGH PAYING JOBS TO THE CITY OF
09:34:46 TAMPA AND HELP BRING THE NEXT GENERATION OF HIGHLY
09:34:50 SKILLED TRADESMEN THROUGH APPRENTICESHIP PROGRAM.
09:34:53 I THINK OF THE CITY OF TAMPA AS A PLACE OF OPPORTUNITY.
09:34:56 GENERATIONS PEOPLE COME HERE SEEKING WORK AND A BETTER
09:34:56 LIFE.
09:35:02 A LONGSHOREMAN TO A PORT TO CIGAR WORKERS IN YBOR CITY,
09:35:06 AND TECH PROFESSIONALS, PEOPLE FLOCK HERE TO LOOK FOR A
09:35:06 CHANCE.
09:35:10 THE APPRENTICESHIP ORDINANCE HELPS TO PROVIDE THE
09:35:12 OPPORTUNITY FOR THE NEXT CAREER OF TRADESMEN.
09:35:15 IT IS ALIGN WITH THE MORAL CENTER OF THE HISTORY OF
09:35:16 THIS CITY.
09:35:16 THANK YOU.
09:35:32 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
09:35:34 >>GUIDO MANISCALCO: ALL RIGHT.
09:35:35 NEXT SPEAKER, PLEASE.
09:35:38 STATE YOUR NAME AND YOU WILL HAVE THREE MINUTES, SIR.
09:35:40 >> MY NAME IS HAROLD MOORE.
09:35:43 A LIFE-LONG RESIDENT OF TAMPA.
09:35:46 I'M HERE TO SPEAK ON BEHALF OF OUR WONDERFUL POLICE
09:35:47 DEPARTMENT.
09:35:50 AND I IMPLORE THE CITY COUNCIL TO NOT IMPOSE ANY
09:35:54 FURTHER CONSTRAINTS ON THEIR ABILITY TO PERFORM AN
09:35:57 EXCELLENT JOB.
09:36:01 I HAVE BEEN A BUSINESSMAN FOR MANY, MANY YEARS.
09:36:05 AND THROUGH THE THOUSANDS OF DECISIONS THAT I HAVE MADE
09:36:08 CONDUCTING BUSINESS, I HAVE NEVER DONE ANYTHING THAT
09:36:11 MIGHT TAKE SOMEONE ELSE'S LIFE, I HAVE NOT SAID
09:36:15 ANYTHING THAT MAY TAKE SOMEONE ELSE'S LIFE OR THAT I
09:36:15 MAY LOSE MINE.
09:36:18 AND I CAN'T SPEAK FOR CITY COUNCIL, BUT I CAN IMAGINE
09:36:22 THAT MOST OF YOU FOLKS ARE IN THE SAME SITUATION.
09:36:27 OUR CITY GOES TO GREAT LENGTHS TO TRAIN PEOPLE TO
09:36:32 PROPERLY EXECUTE THEIR JOBS EVERY DAY ON A DAILY BASIS.
09:36:34 I KNOW THAT OFFICERS DON'T LEAVE THEIR HOUSE IN THE
09:36:37 MORNING WITH THE INTENTION OF GOING OUT AND HARASSING
09:36:40 THE PUBLIC AND BEING CRITICAL OF MANY PEOPLE.
09:36:43 I THINK THEIR MAIN CONCERN IS TO ARRIVE BACK HOME
09:36:47 SAFELY THAT EVENING.
09:36:50 I AM AFRAID THAT IMPOSING FURTHER RESTRICTIONS ON OUR
09:36:54 POLICE OFFICERS MAY ACCOMPLISH ONE OF TWO THINGS.
09:36:58 OUR EXPERIENCE OFFICERS ARE GOING TO RETIRE AS SOON AS
09:37:00 POSSIBLE LEAVING OUR STREETS TO BE FILLED WITH
09:37:03 INEXPERIENCED, YOUNGER OFFICERS THAT HAVE BEEN TRAINED
09:37:08 BUT DO NOT HAVE THE EXPERIENCE OR POSSIBLY WE MAY
09:37:11 ENCOUNTER A SITUATION LIKE WE HAD -- WE HAD IN
09:37:14 BALTIMORE A FEW YEARS AGO WHERE CALLS GO UNANSWERED
09:37:17 BECAUSE AN OFFICER DOES NOT WANT TO PLACE THEMSELVES IN
09:37:22 A POSITION OF BEING CRITICIZED FOR SOMETHING THEY HAVE
09:37:22 DONE.
09:37:28 SO, AGAIN, I JUST ASK YOU TO PLEASE LET OUR CITY RUN
09:37:32 OUR POLICE DEPARTMENT LIKE THEY ARE DOING NOW.
09:37:36 BY APPROVING MAYOR CASTOR'S POSITION ON THIS AND I ASK
09:37:38 YOU TO DO SO.
09:37:38 THANK YOU.
09:37:40 >>GUIDO MANISCALCO: THANK YOU SO MUCH.
09:37:42 BEFORE WE CONTINUE WITH PUBLIC COMMENT AND TAKE A --
09:37:43 PAUSE A MOMENT.
09:37:45 WE HAD TECHNICAL ISSUES WITH THE MAYOR WITH A MESSAGE
09:37:47 AND SHE IS READY TO GO.
09:38:00 IF WE WILL GO TO THE MAYOR AT THIS TIME.
09:38:09 >>GUIDO MANISCALCO: GOOD MORNING, MAYOR JANE CASTOR.
09:38:13 >>MAYOR JANE CASTOR: GOOD MORNING, CHAIRMAN.
09:38:20 I JUST WANT TO TAKE THIS OPPORTUNITY TO INTRODUCE
09:38:23 COUNCIL TO KJ SAILS.
09:38:25 MANY OF YOU KNOW HIM.
09:38:28 HE IS AN OUTSTANDING FOOTBALL PLAYER AT THE UNIVERSITY
09:38:29 OF SOUTH FLORIDA.
09:38:31 HE IS GOING TO TURN PRO.
09:38:33 HE HAD THE OPPORTUNITY DO THAT LAST YEAR BUT HE WANTED
09:38:37 TO STAY HOME, FINISH HIS EDUCATION, PLAY FOOTBALL FOR
09:38:38 USF.
09:38:43 MOST IMPORTANTLY STAY WITH HIS PARTNER AND RAISE HIS
09:38:48 INCREDIBLE, INCREDIBLE YOUNG SON.
09:38:53 HE HAS AN INTEREST IN POLITICS, SO THE UNIVERSITY OF
09:38:58 SOUTH FLORIDA HAS A MENTORING PROGRAM.
09:39:01 WE SUPPORT THE MENTORING PROGRAM WHERE THEY BASICALLY
09:39:06 MATCH WHAT I LIKE TO REFER TO AS WORSHIP ATHLETES TO
09:39:08 ATHLETES IN THAT FIELD OF STUDY.
09:39:12 AND THIS IS THE THIRD USF STUDENTS THAT I HAVE BEEN
09:39:16 PARTNERED WITH, AND EACH -- EACH OF THEM HAVE BEEN A
09:39:17 JOY.
09:39:22 SO I WANTED COUNCIL TO MEET KJ SAILS.
09:39:26 HE IS GOING TO FOLLOW SOME OF THE COUNCIL MEETING TODAY
09:39:29 AND THEN -- THEN HE'S GOING TO SPEND THE REST OF THE
09:39:33 DAY WITH ME, LOOKING AT DIFFERENT FUNCTIONS, DIFFERENT
09:39:36 PROGRAMS AND HANDS-ON.
09:39:38 SO, AGAIN, WANT TO WELCOME HIM.
09:39:42 MOST OF YOU HAVE MET HIM IN PERSON.
09:39:48 AND AS HE WATCHES THE PROCEEDINGS OF CITY COUNCIL, I
09:39:53 WILL PROMISE TO YOU AS MAYOR I WILL NOT TRY TO RUIN HIS
09:39:55 IDEA OF PUBLIC SERVICE.
09:39:59 AND WE JUST ASK THAT YOU GUYS DO THE SAME.
09:40:02 NO, SERIOUSLY, HE IS A GREAT YOUNG MAN AND REALLY HAS
09:40:08 SOME ASPIRATIONS TO COME BACK TO TAMPA AND SERVE THIS
09:40:11 COMMUNITY AGAIN.
09:40:14 HE HAS A HUGE HEART DURING THE CIVIL DISORDER AND CIVIL
09:40:17 ARREST THIS SUMMER HE WAS A VERY, VERY ACTIVE
09:40:19 PARTICIPANT IN BRINGING THE COMMUNITY AND LAW
09:40:20 ENFORCEMENT TOGETHER.
09:40:24 SO A WONDERFUL YOUNG MAN, AND I COULDN'T BE HAPPIER TO
09:40:27 KNOW HE IS GOING TO THE NFL TO BE SUCCESSFUL.
09:40:29 MORE IMPORTANTLY, HE WILL BE COMING BACK TO TAMPA TO
09:40:33 MAKE A DIFFERENCE IN OUR COMMUNITY.
09:40:34 >>GUIDO MANISCALCO: VERY GOOD.
09:40:36 ANY COUNCILMEMBERS?
09:40:37 COUNCILMAN CITRO.
09:40:39 >>JOSEPH CITRO: THANK YOU VERY MUCH.
09:40:40 MR. MAYOR FOR THE DAY.
09:40:42 CONGRATULATIONS TO YOU.
09:40:43 THANK YOU FOR EVERYTHING YOU HAVE DONE IN THE
09:40:43 COMMUNITY.
09:40:46 GO BULLS AND I WISH YOU THE BEST SUCCESS.
09:40:49 I HOPE YOU GET DRAFTED IN THE FIRST ROUND.
09:40:51 MAKE US PROUD, BROTHER.
09:40:52 >> YES, SIR.
09:40:53 I APPRECIATE IT.
09:40:54 >>GUIDO MANISCALCO: COUNCILMAN VIERA.
09:40:55 YES, SIR.
09:40:57 >>LUIS VIERA: THANK YOU VERY MUCH.
09:41:00 WE HAVE SPOKEN BEFORE AND EXTEND THE INVITATION.
09:41:04 I TRY DO COMMUNITY MEETINGS IN MY DISTRICT PROBABLY ONE
09:41:05 OR TWO A MONTH OR SO.
09:41:08 AND I WOULD LOVE TO HAVE YOU ALONG FOR ONE OF THEM JUST
09:41:11 TO SEE THE -- I THINK IT IS FUN.
09:41:14 YOU KNOW, AND IT IS ALWAYS ENTERTAINING TO WATCH MOST
09:41:15 OF THE TIME IT CAN BE.
09:41:18 AND I WOULD LOVE TO HAVE YOU THERE AND LOVE TO, YOU
09:41:21 KNOW, PARTNER UP WITH YOU ON SOME GREAT THINGS THAT WE
09:41:24 ARE DOING IN THE NORTH TAMPA AREA AND WHAT NOT, BUT I
09:41:32 SALUTE YOU ON YOUR JOURNEY AND I KNOW YOU WILL DO GREAT
09:41:32 THINGS.
09:41:33 GOD BLESS YOU.
09:41:36 >>GUIDO MANISCALCO: WOULD YOU LIKE TO SAY ANYTHING,
09:41:36 SIR?
09:41:39 >>KJ SAILS: I WANT TO SAY I APPRECIATE YOU GUYS FOR
09:41:39 HAVING ME.
09:41:44 THIS IS A GREAT OPPORTUNITY.
09:41:48 I NEVER THOUGHT IN AS MANY YEARS I WOULD BE STANDING
09:41:49 NEXT TO THE MAYOR.
09:41:52 SO I AM THANKFUL, AND I AM BLESSED, AND I AM GOING TO
09:41:55 CONTINUE TO MAKE YOU GUYS PROUD AND IMPACT MY
09:41:55 COMMUNITY.
09:41:57 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:41:58 THANK YOU, MAYOR.
09:42:00 AND MAYOR FOR THE DAY.
09:42:03 MR. MAYOR OF THE DAY, CONGRATULATIONS.
09:42:03 >>KJ SAILS: THANK YOU.
09:42:05 >>GUIDO MANISCALCO: WE WILL GO BACK TO PUBLIC COMMENT.
09:42:08 EIGHT MORE PEOPLE IN PERSON AND THEN TO THE VIRTUAL
09:42:13 SPEAKERS.
09:42:17 >> HELLO, GOOD MORNING, COUNCILMEMBERS.
09:42:18 CHAIR MANISCALCO.
09:42:24 MY NAME IS JIM GENECO, THE EXECUTIVE TREASURE FOR THE
09:42:25 BUILDING TRADES COUNCIL.
09:42:29 WE REPRESENT THOUSANDS OF HARD-WORKING MEN AND WOMEN,
09:42:32 WORKING FAMILIES HERE IN THE TAMPA BAY AREA AND
09:42:34 REPRESENT APPRENTICES AS WELL.
09:42:36 SPECIAL THANK YOU TO COUNCILMAN VIERA FOR YOUR
09:42:39 LEADERSHIP SPEARHEADING THE EFFORTS ON THIS VERY GOOD
09:42:43 ORDINANCE CREATING AN APPRENTICESHIP ORDINANCE THAT
09:42:48 WOULD REQUIRE STATE REGISTERED APPRENTICESHIPS ON
09:42:50 STATE-FUNDED PROJECTS.
09:42:52 YOU HEARD INCREDIBLE TESTIMONY INCLUDING THE GENTLEMAN
09:42:56 WHO JUST SPOKE IN APPRENTICESHIP AND FOR THE FIRST TIME
09:42:59 IN HIS ADULT LIFE HAVE HEALTH INSURANCE AND A
09:43:01 RETIREMENT FUND AND GOES TO SHOW THE BENEFITS THAT WE
09:43:04 EVER IN THE BUILDING TRADES.
09:43:06 THESE ARE VERY DIFFICULT CAREERS.
09:43:06 DANGEROUS JOBS.
09:43:11 THEY NEED TO BE PERFORMED BY SKILLED CRAFTS WORKERS WHO
09:43:14 ARE TRAINED AND EDUCATED PROPERLY AND WHAT REGISTERED
09:43:19 APPRENTICESHIP IN THE STATE OF FLORIDA.
09:43:22 THANK YOU FOR CRAFTING THIS WONDERFUL ORDINANCE WOULD
09:43:25 URGE NEW SUPPORTING AND ADVANCING THIS ORDINANCE FOR
09:43:27 TODAY OF THE SECOND READING.
09:43:29 WE THANK YOU FOR YOUR LEADERSHIP AND LOOK FORWARD TO
09:43:33 PARTNERING WITH YOU AND THE CITY OF TAMPA AND WE HEARD
09:43:35 FROM MAYOR CASTOR.
09:43:38 SPECIAL THANK YOU FOR MAYOR CASTOR AND HER
09:43:40 ADMINISTRATION AS WELL.
09:43:42 COUNCILMAN VIERA, THE REST OF CITY COUNCIL, CHAIR
09:43:43 MANISCALCO, THANK YOU SO MUCH.
09:43:45 WE LOOK FORWARD TO PARTNERING WITH YOU.
09:43:46 THANK YOU.
09:43:47 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:44:15 NEXT SPEAKER.
09:44:16 >> GOOD MORNING, KEN WILLIAMS.
09:44:18 >>GUIDO MANISCALCO: YES, SIR, GO AHEAD.
09:44:23 >> THANK YOU, MR. CHAIR AND THANK YOU, COUNCIL PEOPLE,
09:44:25 FOR THE OPPORTUNITY TO COME BEFORE YOU.
09:44:27 AND THANK YOU FOR THE LEADERSHIP OF AN APPRENTICESHIP
09:44:30 PROGRAM FOR THE NEW CLASS OF WORKERS.
09:44:36 AS A 37-YEAR UPS EMPLOYEE I KNOW WHAT A GOOD PAYING JOB
09:44:41 WITH BENEFITS AND PENSION AND STEADY WORK DURING THE
09:44:45 TIMES OF COVID MEANS TO MYSELF AND MY FAMILY.
09:44:49 AND I WOULD LIKE TO THANK ALL OF YOU FOR NOT ONLY YOUR
09:44:53 LEADERSHIP BUT YOUR INSIGHT AND FORESIGHT MOVING
09:44:58 FORWARD TO HELP MAKE THIS THE CHAMPION CITY OF WORKING
09:44:58 PEOPLE.
09:45:02 WE HAVE DONE IT WITH OUR SPORTING TEAMS.
09:45:08 BUT I THINK THAT WE CAN MOVE THAT AND BE THE LEADER IN
09:45:11 APPRENTICESHIP THROUGH THE FLORIDA DEPARTMENT OF
09:45:14 EDUCATION AND REGISTERED WITH THE STATE TO MEET ALL THE
09:45:15 CRITERIA.
09:45:19 THERE ARE OTHER PROFESSIONALS THAT HAVE STEPS TO GET TO
09:45:21 THE POINT WHERE THEY WANT TO BE.
09:45:22 WHETHER IT BE A SURGEON.
09:45:25 WHETHER IT BE A JUDGE AND SO FORTH.
09:45:29 THIS PUTS IN PLACE THE STEPS NECESSARY TO BE SUCCESSFUL
09:45:33 AND DO IT RIGHT THE FIRST TIME.
09:45:36 AND I AM ENDING MY CAREER, HOPEFULLY, WITHIN THE NEXT
09:45:37 COUPLE OF YEARS.
09:45:40 BUT I WANT TO BRING SOMEBODY UP BEHIND ME AND THAT IS
09:45:49 WHAT WE DO THROUGH APPRENTICESHIP AND WHAT WE DO
09:45:53 THROUGH COACHING AND I THANK YOU FOR EVERYTHING THAT WE
09:45:53 ARE DOING.
09:45:56 IF I CAN BE OF ANY ASSISTANCE TO YOU.
09:45:58 PLEASE DON'T HESITATE.
09:45:59 THANK YOU FOR YOUR TIME.
09:46:01 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
09:46:17 NEXT SPEAKER, PLEASE.
09:46:22 >> HELLO, MY NAME IS MARK VIGIANO, A JOURNEYMAN PIPE
09:46:23 FITTER.
09:46:29 I ENTERED THE APPRENTICESHIP PROGRAM SIX YEARS AGO AND
09:46:32 EVER SINCE THEN, MY LIFE HAS BEEN ON A TRACK TOWARD
09:46:34 MIDDLE CLASS.
09:46:38 I BOUGHT MY HOME THROUGH THE SECOND YEAR OF MY
09:46:39 APPRENTICESHIP PROGRAM.
09:46:41 I HAVE HEALTH CARE THROUGHOUT IT.
09:46:46 AND I HAVE BEEN ABLE TO AFFORD A QUALITY OF LIFE THAT
09:46:49 IS ENABLED ME TO GIVE BACK TO MY COMMUNITY AS WELL.
09:46:52 MY TRAINING HAS ALLOWED ME TO WORK SAFELY ON THE
09:46:59 JOBSITE AND TO FOSTER -- FOSTER A COMMUNITY OF PEOPLE
09:47:05 AROUND ME THAT WANT TO LEARN AND WANT TO BUILD GOOD
09:47:07 QUALITY BUILDINGS AND CARE ABOUT THE PEOPLE AROUND
09:47:08 THEM.
09:47:14 THIS ORDINANCE IS A GOOD THING FOR THE PEOPLE OF TAMPA.
09:47:16 AND I HOPE IT GOES THROUGH.
09:47:16 THANK YOU.
09:47:20 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:47:33 NEXT SPEAKER, PLEASE.
09:47:39 GOOD MORNING, SIR.
09:47:41 STATE YOUR NAME.
09:47:45 >> GOOD MORNING, COUNCILMEN.
09:47:47 I COME HERE TODAY --
09:47:49 >>GUIDO MANISCALCO: YOUR NAME, PLEASE, SIR.
09:47:52 >> GIAMO GEMAN.
09:47:54 >>GUIDO MANISCALCO: YES, SIR.
09:47:59 >> I WAS BORN 1956, JUNE.
09:48:03 MY BIRTHDAY IS NEXT JUNE.
09:48:07 I CAME HERE TODAY BECAUSE I HAVE BEEN IN TAMPA NOW FOR
09:48:13 THREE YEARS, ALMOST THREE YEARS.
09:48:22 START COMING OUT AND.
09:48:28 THE VIRUS FOR THE COVID-19 IS WORKING FOR SO MANY
09:48:29 PEOPLE.
09:48:42 I DID IT IN 2002 IN WASHINGTON D.C. I SERVED.
09:48:46 IT HAPPENED THAT COVID-19 WAS EXACTLY WHAT WAS WORKING
09:48:47 FOR.
09:48:54 SO I GO DOWN TO THE FLOOR TO BE TESTED, BUT PEOPLE WITH
09:48:59 POSITIVE AND ALL -- I GIVE TO THEM JUST A DROP.
09:49:03 THEY COME TO NEGATIVE.
09:49:09 SO I SENT THE NEWS TO WASHINGTON, TO THE PRESIDENT.
09:49:11 AND THEY SEND ME A LETTER.
09:49:13 THEY RETURNED TO ME A LETTER.
09:49:14 SAY GOOD JOB.
09:49:18 KEEP DOING IT.
09:49:21 SO I DON'T WANT TO TAKE SO MUCH OF YOUR TIME.
09:49:27 SINCE NOVEMBER, I HAVE BEEN TRYING MY BEST TO MEET THE
09:49:30 MAYOR BECAUSE YOU CAN'T JUST THROW THIS STUFF IN THE
09:49:31 PUBLIC.
09:49:40 SO THE MAYOR -- SHE -- I MEAN, THE -- THE MAYOR CANNOT
09:49:46 RECEIVE YOU.
09:49:47 UNTIL YOU DISCLOSE TO THEM.
09:49:52 THIS IS A VERY CONFIDENTIAL TO HER AND SHE TAKE CARE OF
09:49:53 THE REST.
09:49:57 SINCE NOVEMBER, AND I WAS SO FEELING BAD WHEN I HEAR
09:50:02 THAT THE POLICE CHIEF WAS TESTED POSITIVE.
09:50:07 I SIT HERE BECAUSE I AM A GOOD MAN.
09:50:08 I AM A GOOD MAN.
09:50:13 SO THAT WHEN I GET -- BY DOWN TO THE FLOOR.
09:50:15 I WALK TO THE POLICE STATION.
09:50:18 WHEN I WAS HERE I WAS SO SAD.
09:50:20 CAN I NOT GIVE UP.
09:50:22 I KEEP COMING TO THE MAYOR.
09:50:24 CAN'T BE INVITED, NOTHING.
09:50:34 UNTIL LAST WEEK THAT THE -- GAVE ME -- SAY, PLEASE, YOU
09:50:37 ARE TELLING ME TO GET TO CITY COUNCIL, YOU KNOW.
09:50:40 I CAME LAST WEEK.
09:50:42 I WAS LATE, FIVE, TEN MINUTES.
09:50:46 SO YOUR MAN THERE TELL ME COME EARLY THIS WEEK.
09:50:48 YOU WILL BE ON THE FLOOR.
09:50:54 SO MY COUNCILMEN, WHAT I AM JUST ASKING BECAUSE WHEN I
09:50:59 SEE THE MONEY THAT THEY ARE PUTTING FOR THE VACCINE.
09:51:03 I AM NOT TRYING TO DISCRIMINATE OR DISREGARD THE WORK
09:51:09 OF THE CDC, -- NO, I AM JUST SAYING IT IS GOOD.
09:51:11 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
09:51:13 >> SAY IT AGAIN?
09:51:15 >>LUIS VIERA: A MOTION FOR ONE MORE MINUTE.
09:51:17 >>GUIDO MANISCALCO: GO AHEAD.
09:51:18 >> I SAID WE DID THIS.
09:51:22 I SAID TO THE PRESIDENT.
09:51:27 IF WE USE THIS TO BE CURING THOSE WHO CANNOT GET SHOT,
09:51:29 IT WILL SAVE THEM.
09:51:33 IT IS CURING THEM COMPLETELY NOT THAT THIS -- WILL COME
09:51:36 BACK AGAIN.
09:51:47 IT IS ONLY ONE OUNCE.
09:51:51 TO I HAVE BEEN WORKING BECAUSE I AM STAYING AT THIS
09:51:55 HOME AT THE GROUP -- DOING THE PROJECT.
09:52:01 BUT THE PEOPLE THERE TREAT ME SO BADLY FOR THE WAY THAT
09:52:02 I CAN'T REST.
09:52:02 I CAN'T SLEEP.
09:52:05 SO WHEN I CALL MY CASE MANAGER AND SAY WHAT IS
09:52:06 HAPPENING.
09:52:07 HE SAYS YOU COMPLAIN A LOT.
09:52:10 I SAY I AM NOT COMPLAINING A LOT.
09:52:13 THE SMOKING -- AND THEN THE NOSE.
09:52:14 CAN'T SLEEP.
09:52:15 IT IS IN THE BATHROOM.
09:52:17 OPEN THE DOOR.
09:52:21 OPEN.
09:52:23 THEY SAY I COMPLAIN TOO MUCH.
09:52:25 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
09:52:27 THANK YOU.
09:52:58 NEXT SPEAKER, PLEASE.
09:53:00 >>GUIDO MANISCALCO: GOOD MORNING, SIR.
09:53:01 YOU HAVE THREE MINUTES.
09:53:02 STATE YOUR NAME FOR THE RECORD.
09:53:04 >> ZACK HOLLAND.
09:53:09 I AM ASSISTANT TRAINING DIRECTOR OF 123 PLUMBER AND
09:53:11 PIPEFITTERS.
09:53:14 I WAS BROUGHT IN APPRENTICESHIP IN 2003 BY HERE IS
09:53:15 LUCK.
09:53:18 AND IT WAS MY INTRO -- SHEER LUCK.
09:53:23 AND IT WAS MY INTRODUCTION INTO THE MIDDLE CLASS.
09:53:26 MY INCOME COMES FROM VERY LOW INCOME, FOSTER CARE, NO
09:53:27 SUPPORT FROM FAMILY.
09:53:30 WHAT I FOUND WHEN I GOT INTO THE PROGRAM WAS A GROUP OF
09:53:33 PEOPLE WHO WERE WILLING TO HELP BUILD ME UP AND
09:53:37 INTRODUCE ME TO THINGS THAT I NEVER HEARD OF BEFORE.
09:53:43 THINGS LIKE PENSION, INSURANCE, HOMEOWNERSHIP, BEING
09:53:48 ABLE TO RAISE YOUR FAMILY WITHOUT THE ASSISTANCE OF THE
09:53:49 GOVERNMENT.
09:53:52 NONE OF THAT WAS ANYTHING THAT EVER HAD CROSSED MY
09:53:53 MIND.
09:53:57 GOING FORWARD IN THE TRADE, I WAS FORTUNATE ENOUGH TO
09:54:00 EXCEL AND DO VERY WELL FOR MYSELF.
09:54:04 AND I GRADUATED IN 2008.
09:54:08 I HAVE MADE A VERY GOOD CAREER FOR MYSELF LEADING UP TO
09:54:11 ABOUT TWO YEARS AGO WHEN I WAS ASKED TO COME BACK AND
09:54:14 TEACH FULL TIME AND BE A PART OF THE APPRENTICESHIP
09:54:15 PROGRAM.
09:54:18 IT IS SOMETHING THAT WAS ABSOLUTELY LIFE CHANGING FOR
09:54:21 ME AND I BELIEVE IT CAN BE LIFE CHANGING FOR MOST
09:54:21 PEOPLE.
09:54:26 ONE OF OUR -- ONE OF OUR ONLY THINGS THAT PROBABLY
09:54:29 HOLDS US BACK A LITTLE BIT IS BEING ABLE TO GET ENOUGH
09:54:33 PEOPLE TO WORK BECAUSE OF OJT HOURS REQUIRED THROUGH
09:54:34 THE APPRENTICESHIP.
09:54:39 I WOULD LOVE TO HAVE 700 APPRENTICESHIPS IN EVERY
09:54:42 SINGLE PROGRAM AROUND HERE, BUT HAVING -- IF WE WERE
09:54:45 ABLE TO GET MORE OF THE MARKET SHARE, IT WOULD ALLOW US
09:54:50 TO TRY TO BUILD PEOPLE AND, YOU KNOW, DO THE
09:54:52 RESPONSIBLE THINGS FOR THE COMMUNITY.
09:54:55 I WOULD REALLY LIKE TO THANK YOU GUYS FOR INTRODUCING
09:54:56 THIS BILL.
09:54:59 I HONESTLY BELIEVE THIS WILL BE A GAME CHANGER FOR THE
09:55:05 CITY OF TAMPA AND THE TAMPA BAY AREA AS AND YOUNG
09:55:05 PEOPLE.
09:55:07 I APPRECIATE YOU VERY, VERY MUCH.
09:55:09 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
09:55:16 NEXT SPEAKER, PLEASE.
09:55:29 YES, MA'AM, GO AHEAD.
09:55:31 >> YES, GOOD MORNING, CONNIE BURTON.
09:55:35 TO THE YOUNG MAN, CONGRATULATIONS TO HIM AND TO HIS
09:55:36 FAMILY.
09:55:40 I WOULD JUST LIKE TO ENCOURAGE HIM THAT AS HE MOVE
09:55:43 FORWARD TOWARD HIS CAREER GOALS, HE REMEMBER THE GREAT
09:55:49 WORK OF WONDERFUL ACTIVISTS IN THE SPORT ARENA IF WE
09:55:53 RECALL THE WORK OF JIM BROWN, JACKIE ROBINSON AND NOW
09:56:01 IN HIS GENERATION, COLIN KAEPERNICK AND NEED FOR
09:56:05 ACTIVISM AS WE PURSUE OUR OWN INDIVIDUAL INTERESTS.
09:56:08 WHAT IS IMPORTANT FOR ME AS WE CONTINUE TO HOLD UP, YOU
09:56:10 KNOW, BLACK HISTORY MONTH.
09:56:11 FOR THOSE OF US IN A STRUGGLE.
09:56:16 WE LOOK AT THIS AS A TIME TO REFLECT ON AFRICAN
09:56:21 LIBERATION OF THOSE THAT HAVE DONE WORK THAT -- EVEN IF
09:56:23 IT MEANT DEATH ITSELF.
09:56:29 I AM THINKING OF THE WORK OF OUR BELOVED FEBRUARY 20
09:56:33 WILL BE THE INTERNAL RESTING DATE OF FREDERICK DOUGLASS
09:56:37 -- EXCUSE ME -- THAT CONTINUED TO DO HIS WORK EVEN WHEN
09:56:40 HE SAW FREEDOM FOR HIMSELF.
09:56:44 THEN WE CAN TALK ABOUT THE WORK OF DR. KING AND ALL OF
09:56:51 THOSE ACTIVISTS THAT ENDURED ARRESTS AND SOME DEATH.
09:56:55 WE TALK OF JIMMY LEE JACKSON, LEADING A PEACEFUL
09:56:56 DEMONSTRATION.
09:56:59 EVEN ENDED UP BEING MURDERED BY LAW ENFORCEMENT.
09:57:02 OF COURSE WE WILL NOT EVER FORGET THE WORK OF TRAYVON
09:57:08 MARTIN AND HIS FAMILY AND YOUNG PEOPLE, DIELLO, 41
09:57:10 SHOTS, KILLED BY THE POLICE.
09:57:14 AND I WANT TO REMIND THIS COMMUNITY, TOO, THAT AS WE
09:57:17 TALK ABOUT AFRICAN HISTORY, EVERYTHING HAS NOT BEEN
09:57:21 WELL FOR US, EVEN THOSE IN THE HIGHEST OFFICE OF THIS
09:57:22 LAND.
09:57:25 THE PREMIERE OF THE BIRTH OF THE NATION THAT WAS
09:57:26 SCREENED AT THE WHITE HOUSE.
09:57:29 BUT WHAT BRINGS ME HERE THIS MORNING IS ITEM NUMBER 51.
09:57:34 WE ARE VERY, VERY CONCERNED THAT AS THE CITY CONTINUES
09:57:40 TO ROLL OUT A REHABILITATION PLAN AND WE SEE THAT THE
09:57:44 RELATIONSHIP WITH THE EAST TAMPA CIVIC ASSOCIATION THAT
09:57:49 IS IN THE HEART OF EAST TAMPA, WE STILL HAVE TOO MANY
09:57:54 HOMES IN EAST TAMPA, EVEN UNDER THE LEADERSHIP OF THAT
09:57:55 ORGANIZATION WITH BLUE TARPS.
09:57:59 ONE OF THE DISCUSSIONS IN OUR COMMUNITY IS THAT A LIST
09:58:02 IS CREATED THAT WOULD IDENTIFY HOMES IN EAST TAMPA
09:58:07 ASIDE FROM A CITYWIDE LIST.
09:58:15 SO THEN THE CRA, CAC CAN CONCENTRATE ON HOW WE CAN
09:58:18 IMPROVE THE QUALITY OF LIFE IN THIS COMMUNITY.
09:58:24 WE JUST CAN NO LONGER STAY OR NOR WILL I EVER BE QUIET
09:58:26 WITH THE FACT THAT IN OUR COMMUNITY WE HAVE AN
09:58:29 UNDERSTANDING OF THOSE THAT ARE ABLE TO GET TO THE
09:58:31 TABLE AND THOSE WHO ARE IGNORED.
09:58:34 WE WANT TO MAKE SURE THAT THOSE INSIDE OF OUR COMMUNITY
09:58:39 HAVE AN OPPORTUNITY TO BENEFIT FROM THE RESOURCES THAT
09:58:42 CAN CREATE A BETTER COMMUNITY FOR EVERYONE.
09:58:43 THANK YOU.
09:58:47 >>GUIDO MANISCALCO: THANK YOU, MA'AM.
09:59:00 NEXT SPEAKER, PLEASE.
09:59:09 YES, SIR.
09:59:10 GO AHEAD.
09:59:15 >> MANTEZNOT, TAMPA, FLORIDA.
09:59:18 ONE THING YOU HAVE TO UNDERSTAND I DON'T KNOW THE
09:59:21 RELATIONSHIP -- THE AFRICAN MAN THAT -- HAS COLONIAL
09:59:24 FRENCH ACCENT THAT SPEAK WITH THE CITY COUNCIL.
09:59:26 I DON'T KNOW THE HISTORY HE HAS WITH THE CITY COUNCIL,
09:59:28 BUT PEOPLE BASICALLY IGNORED HIM.
09:59:32 APPARENTLY THE PERSON HAD A CONCERN AND YOU ARE IN A
09:59:35 FOREIGN COUNTRY AND YOU ARE STRUGGLING BUT THAT IS THE
09:59:37 TREATMENT AFRICAN PEOPLE GET.
09:59:39 WHAT YOU HAVE TO UNDERSTAND IS UNDERSTAND THE HISTORY
09:59:43 OF HATRED AND YOU MUST UNDERSTAND THIS, NOT ONLY THIS
09:59:45 CITY COUNCIL IN TAMPA FLORIDA BUT CITY COUNCILS AND
09:59:48 GOVERNMENTS ALL THE OVER THE WORLD, NATIONALLY AND
09:59:49 INTERNATIONALLY.
09:59:51 YOU HAVE TO UNDERSTAND WHITE PEOPLE IN PEOPLE.
09:59:55 YOU HAVE TO UNDERSTAND SLAVERY, EMANCIPATION, BLACK
10:00:00 CODES, LYNCHINGS, POLICE BRUTALITY.
10:00:01 BLACK TAXES.
10:00:03 POLL TAXES.
10:00:05 INCARCERATION.
10:00:08 POVERTY, AFFIRMATIVE ACTION, SEGREGATION.
10:00:10 YOU HAVE TO UNDERSTAND THE CRIMINALIZATION OF AFRICAN
10:00:12 PEOPLE.
10:00:16 YOU MUST ALSO UNDERSTAND THAT WHITE PEOPLE HAVE NO
10:00:17 RESPECT FOR US.
10:00:22 YOU MUST UNDERSTAND -- IF YOU CAN HOLD MY TIME.
10:00:24 DIFFICULT TO SPEAK BECAUSE YOU CAN HEAR THE PEOPLE
10:00:26 SPEAKING IN THE OTHER ROOM OVER THERE.
10:00:29 YOU HAVE TO UNDERSTAND THAT WHITE PEOPLE HAVE
10:00:39 ABSOLUTELY NO RESPECT FOR US.
10:00:41 >>GUIDO MANISCALCO: IF THERE IS TALKING ON THE SECOND
10:00:43 FLOOR WHILE THE GENTLEMAN IS SPEAKING.
10:00:44 PLEASE KEEP IT QUIET.
10:00:47 THANK YOU VERY MUCH.
10:00:49 >> YOU HAVE TO UNDERSTAND THAT WHITE PEOPLE HAVE
10:00:53 ABSOLUTELY, POSITIVELY NO RESPECT FOR US.
10:00:54 NONE WHATSOEVER.
10:00:57 YOU HAVE TO UNDERSTAND THIS CITY COUNCIL, AN IGNORANT
10:01:01 CITY COUNCIL THAT DENIES SOMEONE THREE MINUTES TO SPEAK
10:01:04 WHEN ANOTHER PERSON STANDING RIGHT HERE BECAUSE THREE
10:01:05 MINUTES IS THREE MINUTES.
10:01:09 A FORM OF HATRED AND A FORM OF RACIAL HATRED.
10:01:12 IF YOU REVIEW IT, YOU WILL SEE THEY TREAT WHITE PEOPLE
10:01:14 COMPLETELY DIFFERENTLY.
10:01:17 I HAVE BEEN COMING DOWN FOR 30-SOME YEARS AND WHITE
10:01:21 PEOPLE, WHITE DEVELOPERS, WHITE BUSINESS COMMUNITY
10:01:25 LEADERS GET TREATED COMPLETELY DIFFERENTLY THAN AFRICAN
10:01:28 PEOPLE BRINGING THE CITY OF OUR COMMUNITY.
10:01:30 THOSE ARE THE THINGS YOU HAVE TO UNDERSTAND AND WHITE
10:01:33 PEOPLE HAVE A CERTAIN KIND OF HATRED.
10:01:35 I SAY THAT WHITE PEOPLE HAVE A CERTAIN KIND OF HATRED
10:01:37 FOR THE AFRICAN SKIN.
10:01:39 A HATRED FOR BLACK PEOPLE.
10:01:42 AND THE HATRED IS MANIFESTED OF THE WAY THEY TREAT US
10:01:45 WHILE WE ARE ALIVE AND WHILE WE ARE DECEASED.
10:01:46 YOU HAVE TO UNDERSTAND THAT WHITE PEOPLE PUTTING
10:01:51 BUILDING AND STRUCTURES OVER KNOWN CEMETERIES.
10:01:52 AND I WILL END ON THAT NOTE.
10:01:56 THE AFRICAN PEOPLE WHO HAVE PEOPLE IN THOSE CEMETERIES,
10:01:59 THEY SHOULD DEMAND COMPENSATION AND RELOCATION.
10:02:01 LISTEN TO ME CAREFULLY.
10:02:03 NOT PLAQUES, NOT AWARDS.
10:02:08 COMPENSATION AND RELOCATION IN THE CITY OF TAMPA AND
10:02:11 HILLSBOROUGH COUNTY SHOULD GET READY TO HAVE
10:02:13 COMPENSATION AND RELOCATION.
10:02:18 NOT AWARDS, NOT PLAQUES, NOT MONUMENTS, NOT SPEECHES,
10:02:22 NOT INVOCATIONS, AND NOT ACCOMMODATIONS.
10:02:24 COMPENSATIONS AND RELOCATION.
10:02:28 I WANT TO SEND A SHOUT OUT TO MY MOTHER-IN-LAW AND ALL
10:02:30 THE OTHER ELDERLY PEOPLE THAT LISTEN IN THE COMMUNITY.
10:02:33 AND DEFINITELY RESPECT WHAT I AM DOING.
10:02:36 AND THAT IS TO ALL THE YOUNG PEOPLE ALSO AND TO THE
10:02:39 GENTLEMAN THAT TALKED ABOUT THE TAMPA POLICE
10:02:39 DEPARTMENT.
10:02:40 THEY ARE ROTTEN TO THE CORE.
10:02:42 HAVE A GOOD DAY.
10:02:45 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
10:02:59 NEXT SPEAKER, PLEASE.
10:03:18 YES, SIR.
10:03:18 PLEASE STATE YOUR NAME.
10:03:20 GO AHEAD.
10:03:21 >> HI, GOOD MORNING, COUNCIL.
10:03:25 MY NAME IS RUSSELL KAHN, THE SHARE OF THE HILLSBOROUGH
10:03:28 ENVIRONMENTAL CAUCUS -- HILLSBOROUGH ENVIRONMENTAL
10:03:31 CAUCUS AND VICE-CHAIR -- THE SECOND VICE-CHAIR OF THE
10:03:34 OUTREACH FOR THE HILLSBOROUGH DEMOCRATIC PARTY.
10:03:38 I HAVE A COUPLE OF ITEMS -- ONE ITEM FOR THE RECORD
10:03:41 THAT I WILL SHOW FOR YOU AND I WILL SUBMIT IT TO STAFF.
10:03:44 TWO WEEKS AGO, I WAS HERE AS THE CHAIR OF THE
10:03:50 ENVIRONMENTAL CAUCUS TO ASK YOU TO KEEP WORKING ON THE
10:03:52 CLEAN ENERGY RESOLUTION.
10:03:54 AND TODAY -- AND I TOLD YOU AT THAT POINT I WAS GOING
10:03:59 TO WORK TO MAKE SURE THAT THE CITIZENS AND YOUR VOTERS
10:04:04 KNOW YOUR ACTIONS ON THAT ITEM FOR GOOD OR ILL.
10:04:08 SO ON FEBRUARY 8, WE PASSED A SUPPORTIVE RESOLUTION
10:04:10 THROUGH OUR DEMOCRATIC PARTY.
10:04:11 THAT RESOLUTION IS HERE.
10:04:13 AND I WILL GO THROUGH THE PAGES FOR YOU.
10:04:17 AND THEN WE PASSED IT ALSO THROUGHOUT STEERING CO ON
10:04:21 THE 8TH AND GENERAL MEETING ON THE 15TH UNANIMOUSLY.
10:04:24 ALL OF OUR MEMBERS, ALL IN COMPLETE 100% SUPPORT.
10:04:27 THAT IS A LOT OF COMMUNITY SUPPORT FROM VOTERS,
10:04:30 VOLUNTEERS, DONORS, ACTIVISTS.
10:04:35 SO WITH THAT SAID, THE PARTY PASSED A RESOLUTION URGING
10:04:40 TAMPA CITY COUNCIL AND MAYOR JANE CASTOR FOR
10:04:44 SUBSTANTIVE ENVIRONMENTAL POLICY LAID OUT IN THE
10:04:47 RESOLUTION BY TAMPA CITY COUNCIL SPONSORED BY
10:04:54 CITRO-MIRANDA 65-321 ON AGENDA ITEM 98 PRESENTED TO
10:04:57 COUNCIL ON NOVEMBER 5, 2021 2021 AS FOLLOWS: QUOTES
10:05:01 THE LANGUAGE OF THE RESOLUTION YOU HAVE UNDER
10:05:04 CONSIDERATION.
10:05:09 I AM GOING TO GO THROUGH THAT.
10:05:12 THIS IS THE -- THIS IS THE LANGUAGE THAT YOU GUYS HAD
10:05:18 ALREADY PUT FORWARD.
10:05:21 AND SO THE LAST PART IS, NOW, THEREFORE, IT BE
10:05:23 RESOLVED, THAT THE HILLSBOROUGH COUNTY DEMOCRATIC
10:05:28 EXECUTIVE COMMITTEE OF FLORIDA, HCDEC URGE THE COUNCIL,
10:05:31 THE CITY OF COUNCIL OF THE CITY OF TAMPA AND MAYOR JANE
10:05:34 CASTOR ENACT AND SUPPORT THE ABOVE RESOLUTION AND
10:05:39 FURTHER RESOLVE THAT THE HILLSBOROUGH ORGANIZATION ANY
10:05:42 STATE BILLS TO PROHIBIT THE CITY OF TAMPA TO ENACT THIS
10:05:46 RESOLUTION AND ORDINANCES RESULTING THEREOF, PASSED AND
10:05:49 ADOPTED AS A RESOLUTION IN ITS REGULARLY SCHEDULED
10:05:54 STEERING COMMITTEE HELD FEBRUARY 8, 2021 AND MEETING
10:05:56 FEBRUARY 15, 2021.
10:05:59 SIGNED BY THE CHAIR OF THE HILLSBOROUGH COUNTY
10:06:01 DEMOCRATIC COMMITTEE.
10:06:03 AND I WILL GIVE THAT IN FOR THE RECORD.
10:06:06 THANK YOU VERY MUCH FOR YOUR CONTINUING WORK ON THIS
10:06:07 ITEM.
10:06:10 I DO THINK THAT WE WILL GET TO A POINT WHERE WE CAN GET
10:06:13 FRIENDLY AMENDMENTS CONTINUE TO IT AND KEEP IT GOING.
10:06:16 I THINK EVERYBODY WANTS TO MAKE PROGRESS ON THIS.
10:06:20 AND WE JUST NEED THE TIME GET A GOOD PATH FORWARD TO
10:06:21 GET IT ACCOMPLISHED.
10:06:23 THANK YOU VERY MUCH FOR YOUR TIME.
10:06:25 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
10:06:27 DO WE HAVE ANYBODY ELSE IN PERSON?
10:06:29 I BELIEVE THAT WAS THE LAST SPEAKER.
10:06:32 BEFORE WE GO TO THE REGISTERED SPEAKERS THAT ARE
10:06:34 VIRTUAL, COUNCILMAN DINGFELDER, DID YOU WANT TO SAY
10:06:38 SOMETHING, SIR?
10:06:40 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
10:06:42 AND I APOLOGIZE.
10:06:45 I TRIED TO DO THIS AT THE BEGINNING OF THE MEETING.
10:06:50 WHEN WE WERE TALKING OF LOSSES IN OUR COMMUNITY.
10:06:59 OUR GOOD FRIEND PATRICK MONTEGA OF LA GACETA LOST HIS
10:07:02 MOM, PEGGY, LAST WEEK, AND THE SERVICES I BELIEVE ARE
10:07:03 FRIDAY AND SATURDAY.
10:07:06 BUT ANYWAY, PEGGY WAS WONDERFUL.
10:07:12 WHAT A SPIRITED, FEISTY, WONDERFUL LADY.
10:07:15 AND WE ARE ALL GOING TO MISS HER AND WE SEND OUR LOVE
10:07:18 TO PATRICK AND HIS FAMILY.
10:07:19 THANK YOU.
10:07:22 >>GUIDO MANISCALCO: I ECHO THOSE COMMENTS.
10:07:26 HAVING MET PEGGY WORKING WITH HER WITH THE YBOR LION'S
10:07:26 CLUB.
10:07:29 WE WOULD MEET SEVERAL TIMES A MONTH AND SHE WAS TRULY A
10:07:30 WONDERFUL PERSON.
10:07:34 MY CONDOLENCES GO OUT TO THE MONTEGA FAMILY.
10:07:35 THANK YOU VERY MUCH.
10:07:39 WE WILL GO TO THE REGISTERED SPEAKS HERE VIRTUALLY.
10:07:41 IF WE CAN BRING THEM ON.
10:07:42 PLEASE STATE YOUR NAME.
10:07:45 >> MY NAME IS JAKE ARMSTRONG.
10:07:49 ADDRESS 4420 WEST EL PRADO BOULEVARD IN TAMPA.
10:07:54 I WANTED TO LEAVE A VOICEMAIL TO SHOW SUPPORT FOR THE
10:07:59 SIDEWALK CITY CODE CHANGES.
10:08:06 I DO FEEL THAT IN OUR NEIGHBORHOODS, THE LACK OF
10:08:09 SIDEWALKS IN CERTAIN AREAS IS CONCERNING.
10:08:13 DEFINITELY MAKES IT DIFFICULT TO BE A WALKER.
10:08:17 ANY KIND OF PEDESTRIAN.
10:08:19 FROM TIME TO TIME, YOU HAVE TO WALK ON TO THE STREET.
10:08:23 IT WOULD BE GREAT IF WE COULD DO WHATEVER IS POSSIBLE
10:08:24 TO FIX THAT SITUATION.
10:08:29 I UNDERSTAND THERE IS UPCOMING MEETING ABOUT THAT.
10:08:32 SO I WAS TOLD TO GIVE THIS NUMBER A CALL AND LEAVE A
10:08:33 VOICEMAIL.
10:08:36 HOPEFULLY THAT IS THE RIGHT THING.
10:08:39 SO, AGAIN, I JUST WANT TO SHOW SUPPORT FOR IT.
10:08:39 THANK YOU.
10:08:44 MY NUMBER 813-767-2437.
10:08:45 APPRECIATE IT.
10:08:47 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:08:49 THAT WAS A RECORDING.
10:08:55 >> BETH KIRKHART, SOUTH SAN JUAN STREET, TAMPA,
10:08:55 FLORIDA.
10:08:59 I SUPPORT THE CHANGING OF THE CITY OF TAMPA ORDINANCE
10:09:03 GOVERNING NEW SIDEWALK CONSTRUCTION SECTIONS 22-103 AND
10:09:10 22-104 TO HELP BUILD A MORE WALKABLE COMMUNITY.
10:09:12 >> MY NAME IS STEPHANIE POYNTER.
10:09:16 I AM A RESIDENT OF SOUTH OF GANDY, AND I SUPPORT ITEM
10:09:19 NUMBER 5 ON THE AGENDA.
10:09:23 IF YOU BUILD A NEW HOUSE, THEN YOU NEED TO BUILD A
10:09:25 SIDEWALK IN FRONT OF IT.
10:09:27 IT IS JUST THAT SIMPLE.
10:09:32 THERE ARE SO MANY BUILDING PERMITS BEING SON IN SOUTH
10:09:33 OF GANDY.
10:09:35 YOU ARE TAKING YOUR LIFE IN YOUR HANDS JUST TO WALK
10:09:38 DOWN THE STREET IN THE NEIGHBORHOOD, BECAUSE THERE ARE
10:09:40 NO SIDEWALKS CURRENTLY IN THE MAJORITY OF OUR
10:09:46 SINGLE-FAMILY HOMES IN SOUTH OF GANDY.
10:09:49 PLEASE VOTE FOR ITEM NUMBER 5 ON THE AGENDA.
10:09:53 HAVE A GOOD DAY.
10:09:55 >>GUIDO MANISCALCO: NOW WE WILL GO TO LIVE REGISTERED
10:09:56 SPEAKERS.
10:09:58 WE WANTED TO GET THE RECORDINGS GOING.
10:10:01 GO AHEAD WHOEVER IS FIRST.
10:10:02 >> GOOD MORNING, CHAIR.
10:10:02 THANK YOU.
10:10:08 THE FIRST PERSON WE HAVE IS STEVE KONA.
10:10:11 IF YOU CAN HEAR ME, UNMUTE YOURSELF.
10:10:14 >> GOOD MORNING, STEVE KONA.
10:10:15 CAN YOU HEAR ME?
10:10:19 STEVE KONA WITH ASSOCIATED BUILDERS AND CONTRACTORS.
10:10:21 ABC IS THE LARGEST CONSTRUCTION ASSOCIATION IN THE
10:10:24 STATE OF FLORIDA REPRESENTING ROUGHLY 2,000
10:10:28 CONSTRUCTION FIRMS STATEWIDE AND OVER 480 FIRMS LOCALLY
10:10:33 HERE IN HILLSBOROUGH COUNTY AND THE CITY OF TAMPA.
10:10:36 WE ARE ALSO ONE OF THE LARGEST APPRENTICESHIP TRAINING
10:10:40 PROGRAM IN THE REGION TRAINING OVER 500 APPRENTICES IN
10:10:42 800 CONSTRUCTION TRADES.
10:10:45 IN FACT, WE ARE GRADUATING ONE OF OUR LARGEST CLASSES.
10:10:49 WE HAVE 70 APPRENTICES AND WOULD LIKE TO INVITE EACH OF
10:10:51 YOU TO THE GRADUATION IN MAY.
10:10:54 WE LOVE OUR APPRENTICES AND WORK EVERY DAY TO BRING
10:10:56 MORE PEOPLE INTO OUR WORK FORCE THROUGH
10:10:58 APPRENTICESHIPS.
10:11:01 UNFORTUNATELY TODAY, WE CONTINUE NOBODY OPPOSITION OF
10:11:02 THE APPRENTICESHIP ORDINANCE IN FRONT OF YOU.
10:11:06 THE TAMPA BAY TIMES CALLED THIS APPRENTICESHIP --
10:11:09 CALLED IT AN APPRENTICESHIP PROGRAM.
10:11:11 IT IS NOT.
10:11:14 AN UNWORKABLE PUTTING ONE GROUP OF EMPLOYEES OVER THE
10:11:16 OTHER OPINION THE WORKER MANDATES POP UP OVER THE STATE
10:11:19 MAKING IT EXTREMELY DIFFICULT FOR SMALL BUSINESSES TO
10:11:22 COMPETE FOR PUBLIC PROJECTS.
10:11:25 THIS ORDINANCE WILL UNINTENTIONALLY HARM SMALL
10:11:28 BUSINESSES WHEN THEY CAN'T MEET THE ARBITRARY WORK
10:11:30 HOURS IN THE ACTUAL ORDINANCE.
10:11:34 SIMILAR ORDINANCES LIKE FROM BROWARD COUNTY AND THE
10:11:36 CITY OF ST. PETE HAVE BEEN IN PLACE FOR QUITE SOME TIME
10:11:41 AND YIELDED ZERO RESULTS ONLY LIMITING THE AMOUNT OF
10:11:44 COMPETITOR BUILDERS AND COMPETITIVE PROJECTS.
10:11:48 CONTRACTORS ARE LICENSED STATEWIDE AND STATE-WIDE
10:11:49 APPRENTICESHIP ARE RUN THROUGHOUT DEPARTMENT OF
10:11:50 EDUCATION.
10:11:51 UNFORTUNATELY, LOCAL GOVERNMENTS DON'T HAVE THE
10:11:54 AUTHORITY TO MANDATE HOURS BY STATE REGISTERED
10:11:56 APPRENTICES.
10:11:59 WE ENCOURAGE TO YOU VOTE NO MOVING THIS APPRENTICESHIP
10:12:00 PROGRAM FORWARD.
10:12:00 THANK YOU VERY MUCH.
10:12:02 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
10:12:03 NEXT SPEAKER.
10:12:04 >>CLERK: YES, CHAIR.
10:12:08 THE NEXT SPEAKER IS MARK RODRIGUEZ.
10:12:09 YOU HAVE THREE MINUTES.
10:12:12 >>GUIDO MANISCALCO: MARK RODRIGUEZ, GO AHEAD.
10:12:15 >> HI, GOOD MORNING, COUNCILMEMBERS.
10:12:17 THANK YOU FOR THE TIME.
10:12:18 MY NAME IS MARK RODRIGUEZ.
10:12:23 I AM A RESIDENT HERE OF TAMPA.
10:12:26 AND I HAVE PUT DOWN ROOTS HERE.
10:12:27 I AM RAISING A FAMILY HERE.
10:12:31 THAT IS ONE OF THE I WANTED TO SPEAK OUT TODAY IN
10:12:34 SUPPORT OF THE APPRENTICESHIP ORDINANCE.
10:12:38 YOU KNOW, I HAVE A SON, AND I WANT THIS OPPORTUNITY TO
10:12:42 BE AVAILABLE FOR HIM WHEN HE GETS TO THE AGE OF TRYING
10:12:46 TO FIGURE OUT WHAT TO DO WITH HIS LIFE AND WHAT KIND OF
10:12:48 OPPORTUNITIES TO PURSUE.
10:12:50 I THINK THE APPRENTICESHIP ORDINANCE IS REALLY A
10:12:53 COMMONSENSE WIN-WIN PROPOSITION.
10:12:58 NUMBER ONE, RIGHT, WE ALL ARE KIND OF AWARE THAT THERE
10:13:00 IS A STUDENT DEBT CRISIS.
10:13:04 THERE IS AN INCOME INEQUALITY CRISIS AND THIS
10:13:06 APPRENTICESHIP ORDINANCE KIND OF HELPS TO ADDRESS BOTH
10:13:10 OF THOSE BY PROVIDING A PATHWAY FOR GOOD FAMILY
10:13:13 SUPPORTING WAGES AND BENEFITS AND GOOD JOBS WITH HEALTH
10:13:15 CARE, PENSION, THINGS LIKE THAT.
10:13:20 AND REALLY TO THE MIDDLE CLASS WITHOUT FOLKS HAVING TO
10:13:23 TAKE ON A TON OF STUDENT DEBT.
10:13:27 AND ALSO, OF COURSE, YOU KNOW, MOVING FORWARD, WE NEED
10:13:31 SKILLED CONSTRUCTION WORKERS TO WORK ON ALL OF OUR
10:13:34 INFRASTRUCTURE, WHETHER IT IS COMMERCIAL, RESIDENTIAL,
10:13:37 OR WHAT HAVE YOU AROUND -- AROUND THE REGION.
10:13:42 I ALSO THINK THAT THE APPRENTICESHIP ORDINANCE IS --
10:13:44 HAS A LOT OF FLEXIBILITY BUILT INTO IT.
10:13:47 IT IS CERTAINLY NOT ONEROUS.
10:13:51 AND IT WILL BE REALLY A GREAT STEP IN THE RIGHT
10:13:55 DIRECTION OF TRAINING THE NEXT GENERATION OF WORKERS --
10:13:56 OF SKILLED WORKERS.
10:13:59 AND PROVIDING FOR GOOD PAYING JOBS HERE IN TAMPA.
10:14:03 AND LIKE I SAID, AS SOMEONE WHO IS RAISING A FAMILY
10:14:08 HERE IN TAMPA, I WANT TO REGISTER MY STRONG SUPPORT FOR
10:14:11 THE APPRENTICESHIP ORDINANCE MOVING FORWARD.
10:14:11 THANK YOU VERY MUCH.
10:14:15 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:14:20 >>CLERK: NEXT SPEAKER WE HAVE IS PHILLIP COMPTON.
10:14:22 IF YOU CAN HEAR ME, UNMUTE YOURSELF.
10:14:23 YOU HAVE THREE MINUTES.
10:14:25 >> PHIL COMPTON, GOOD MORNING.
10:14:29 A LONG-TIME RESIDENT AND STAFF WITH SIERRA CLUB.
10:14:33 FIRST THOUGHTS AND PRAYER TO COUNCILMAN GUDES' FAMILY.
10:14:39 CONGRATULATIONS TO COUNCILMAN VIERA ON HIS UPCOMING AND
10:14:45 COUNCILMAN MIRANDA WHO INSPIRES US AS HE PREVAILS OVER
10:14:46 COVID.
10:14:53 I AM DISTURBED HOW THE MAYOR WORKS ONE OF HER TOP FIVE
10:14:55 PRIORITIES SUSTAINABILITY AND A PROGRAM WILL BE TOTALLY
10:14:58 DERAILED.
10:15:00 IT WILL TAKE AWAY ALL AUTHORITY, ALL LOCAL CONTROLS BY
10:15:04 MAYORS, COUNCIL, AND ENGAGED CITIZENS IN COMMUNITIES IN
10:15:05 THE STATE.
10:15:09 FLORIDIANS DESERVE A SAY HOW WE POWER OUR HOMES,
10:15:10 BUSINESSES AND COMMUNITIES.
10:15:14 PLEASE, I AM ASKING TO YOU ACT NOW TO PRESERVE LOCAL
10:15:18 AUTHORITY -- YOUR AUTHORITY OF DECISIONS THAT EFFECT.
10:15:22 OUR LEGISLATIVE DELEGATION WILL BE HOME NEXT WEEK.
10:15:25 I AM NOT JUST TALKING TO YOU AS COUNCILMEMBERS BUT
10:15:28 MAYOR'S OFFICE THAT BELIEVE THAT LOCAL COMMUNITIES, NOT
10:15:31 TALLAHASSEE, NO BEST HOW TO MOVE FORWARD TO OUR CLEAN
10:15:35 ENERGY FUTURE TO ASK THEM TO APPROACH SB 856.
10:15:39 COUNCIL HAS A ROLES, THE MAYOR HAS A ROLE, AND CITIZENS
10:15:42 HAVE A ROLE TOGETHER MAPPING OUR FUTURE.
10:15:46 TALLAHASSEE LOBBYISTS SHOULD NOT BE ALLOWED TO SILENCE
10:15:47 YOUR VOICES.
10:15:51 A DECADE AGO CITY COUNCILS, MAYORS AND OTHERS STOOD UP
10:15:53 TO THE OIL AND GAS INDUSTRY WHEN THEY PUSHED IN
10:15:59 TALLAHASSEE TO DRILL FOR OIL OFF OF THE GULF.
10:16:02 IF PEOPLE LIKE YOU HAVE NOT ACTED THEN WE WOULD HAVE
10:16:05 OIL WELLS OFF THE BEACH TODAY.
10:16:08 POLITICIANS THAT HAVE UNDERMINED LOCAL CONTROL FOR
10:16:11 YEARS CRUSHING OUR ABILITY TO PROTECT OUR
10:16:11 NEIGHBORHOODS.
10:16:13 SENSIBLE ORDINANCES LIKE TREES.
10:16:14 YOU KNOW ABOUT ALL THAT.
10:16:15 PLASTIC BAGS.
10:16:20 AND VEGETABLE GARDENS ERASED BY CORPORATE CONTROL.
10:16:25 THIS BAD BILL, SBA 560.
10:16:29 PLEASE DON'T LET TALLAHASSEE POLITICIANS AND LOBBYISTS
10:16:31 TAKE OVER DECISION.
10:16:35 YOUR VOICE AS CITY COUNCIL IS NEEDED TO STOP THE GREEDY
10:16:41 POWER GRAB ADMINISTRATION STARTS MARCH 2 AND URGE THE
10:16:43 OTHER CITIES TO BE INVOLVED AS WELL.
10:16:44 THANK YOU.
10:16:45 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:16:50 >>CLERK: NEXT SPEAKER IS CAROL ANN BENNETT.
10:16:52 PLEASE UNMUTE YOURSELF.
10:16:56 >> HI, CAROL ANN BENNETT, AND I AM THE CHAIRPERSON OF
10:16:59 THE VIRGINIA PARK NEIGHBORHOOD ASSOCIATION SIDEWALK
10:17:02 COMMITTEE AND A VOTE WAS TAKEN TO AUTHORIZE ME TO SPEAK
10:17:04 ON THIS SUBJECTS ON BEHALF OF OUR NEIGHBORHOOD.
10:17:07 IT IS REALLY HARD TO BE BETTER AT SOMETHING THAN ANY
10:17:09 OTHER CITY IN THE NATION.
10:17:11 TO BEAT THE OTHER CITIES IN THIS COUNTRY, WE HAVE TO DO
10:17:15 ABSOLUTELY EVERYTHING RIGHT UNLESS WHAT WE ARE THE BEST
10:17:20 AT IS SOMETHING BAD, LIKE KILLING PEDESTRIANS.
10:17:22 OUR CITY IS ONE OF THE BEST IN THE COUNTRY AT KILLING
10:17:24 WALKERS AND BIKERS.
10:17:28 TO ACHIEVE THAT, WE MUST BE DOING ABSOLUTELY EVERYTHING
10:17:29 WRONG.
10:17:32 IF TAMPA WANTS TO CHANGE THAT, AND QUITE FRANKLY FROM
10:17:39 WHERE I SIT, THAT IS A BIG IF, WE HAVE BEEN THE BEST
10:17:43 FOR QUITE A WHILE BUT I HAVE SEEN LITTLE CHANGE.
10:17:47 TO CHANGE THIS WE MUST START WITH OUR ATTITUDE.
10:17:51 180-DEGREE CHANGE IN MAKING PEDESTRIAN SAFETY A
10:17:52 PRIORITY.
10:17:56 WHEN A PEDESTRIAN GUYS WE ARE GOOD AT BRINGING OUR
10:17:58 HANDS AND OUR GARMENTS AND SENDING THOUGHTS AND PRAYERS
10:18:02 TO THE FAMILY AND WE DON'T CHANGE EVERYTHING AND PEOPLE
10:18:03 KEEP DYING.
10:18:07 WE SHOULD NOT FOCUS ON DEATH, FOR EVERY DEATH THERE ARE
10:18:13 MANY MORE INJURIES AND A LOT OF WAY TO HAVE BLOOD ON
10:18:13 THEM.
10:18:15 THE PROPOSAL THAT WILL BE PRESENTED TODAY BY SIDEWALK
10:18:22 AND WALK BIKE TAMPA IS ONE OF THEM PROVIDING FOR SAFE
10:18:25 SIDEWALKS IS AN EXCELLENT FIRST STEP.
10:18:29 IN THIS CITY WHOSE ONLY OPTION IS TO WALK.
10:18:31 MANY MUST WALK IN THE STREET BECAUSE THERE ARE NO
10:18:31 SIDEWALKS.
10:18:33 AND SOME MONTHS DO IT IN THE DARK.
10:18:36 CHILDREN WHO WOULD BENEFIT FROM THE EXERCISE OF WALKING
10:18:38 TO SCHOOL BUT THEY CAN'T DO IT SAFELY SO THEIR PARENTS
10:18:39 DRIVE THEM.
10:18:43 THE CITY IS FULL OF PEOPLE WHO CAN THE NOT AFFORD A GYM
10:18:45 MEMBERSHIP, BUT EVERYBODY CAN AFFORD TO WALK OUT THE
10:18:46 DOOR AND GO FOR A WALK.
10:18:49 MANY DON'T BECAUSE THEY WILL BE PUTTING THEIR LIFE ON
10:18:50 THE LINE TO DO IT.
10:18:53 THE SINGLE-MOST POWERFUL THING THAT SENIORS CAN DO FOR
10:18:55 THEIR HEALTH IS TAKE A WALK.
10:18:58 BUT WALKING THE STREET IS PROBABLY THE LEAST HEALTHY
10:19:01 THING THEY CAN DO.
10:19:06 MEDICAL COSTS OF OBESE IS $147 BILLION TO $210 BILLION
10:19:06 A YEAR.
10:19:08 MOST OF SPENDING IS GENERATED FROM TREATING
10:19:11 OBESITY-RELATED DISEASES SUCH AS DIABETES AND
10:19:15 CARDIOVASCULAR DISEASE AMONG OTHERS.
10:19:18 IF PEOPLE HAVE A NICE, SAFE SIDEWALK IN FRONT OF THEIR
10:19:21 HOUSE THEY ARE MORE LIKELY TO GO FOR A WALK.
10:19:24 CHANGE TAMPA SIDEWALK CODE AND GIVE LOTS OF SAFE
10:19:28 SIDEWALKS AND SAVE MONEY BY LOWERING OBESITY AND STOP
10:19:29 KILLING AND INJURING OUR CITIZENS.
10:19:30 THANK YOU.
10:19:32 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:19:34 NEXT SPEAKER, PLEASE.
10:19:38 >>CLERK: YES, NEXT SPEAKER IS REGINA CASTILLO.
10:19:39 IF YOU CAN HEAR ME.
10:19:41 PLEASE UNMUTE YOURSELF.
10:19:50 YOU HAVE THREE MINUTES TO SPEAK.
10:19:53 >>GUIDO MANISCALCO: REGINA CASTILLO.
10:19:55 IF YOU WERE ON THE LINE, PLEASE UNMUTE YOURSELF.
10:19:58 AND YOU HAVE THREE MINUTES.
10:20:01 >>CLERK: ALL RIGHT, GO AHEAD AND MOVE ON TO MR. SHAWN
10:20:02 MCDONALD.
10:20:02 IF YOU CAN HEAR ME.
10:20:04 PLEASE UNMUTE YOURSELF.
10:20:06 YOU HAVE THREE MINUTES TO SPEAK.
10:20:08 >> THANK YOU.
10:20:11 GOOD MORNING, CHAIRMAN MANISCALCO AND FELLOW
10:20:12 COUNCILMEMBERS.
10:20:16 MY NAME IS SHAWN MCDONALD, AND FIRST AND FOREMOST, A
10:20:21 JOURNEYMAN WIREMAN WITH THE BROTHERHOOD OF ELECTRICAL
10:20:24 WORKERS IN TAMPA AND THE PRESIDENT OF THE LABOR
10:20:25 COUNCIL.
10:20:27 I'M HERE TO SPEAK IN FAVOR OF ITEM NUMBER 6, THE
10:20:29 APPRENTICESHIP ORDINANCE.
10:20:32 TODAY MARKS JUST OVER A YEAR IN THE MAKING AND WELL
10:20:34 WORTH THE WAIT.
10:20:38 I WANT TO THANK COUNCILMAN VIERA FOR CHAMPIONING THE
10:20:40 APPRENTICESHIP ORDINANCE AND AS WELL AS THE OTHER
10:20:44 COUNCILMEMBERS AND STAFF FOR THEIR HARD WORK, VISION,
10:20:48 ENCOURAGED TO GET TO THIS FIRST READ INSPECTING IS AN
10:20:50 AWESOME ORDINANCE THAT PROMOTES TRAINING AND IN ORDER
10:20:53 TO GET HERE, A LOT OF INFORMATION FROM MANY SOURCES
10:20:56 SENT BACK AND FORTH AND I KNOW LEGAL HAD THEIR HANDS
10:21:00 FULL AND I WANT TO THANK THEM FOR THAT.
10:21:05 THE WEST CENTRAL LABOR COUNCIL AND THE IAUW AND THE
10:21:08 APPRENTICES AND THE BUILDING TRADE AND MYSELF, I WANT
10:21:12 TO THANK YOU AND AS FAR AS THE PREEMPTION BILLS FILED
10:21:13 IN TALLAHASSEE.
10:21:15 WE ARE WATCHING THEM.
10:21:18 WE ARE ENGAGED AND I WANT TO THANK YOU FOR YOUR TIME.
10:21:20 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
10:21:22 NEXT SPEAKER IS NATHAN.
10:21:23 >>CLERK: ACTUALLY, CHAIR.
10:21:24 HE SHOWED UP IN PERSON.
10:21:28 GO UP TO REGINA CASTILLO.
10:21:31 >>GUIDO MANISCALCO: REGINA CASTILLO, IF YOU WERE ON
10:21:32 THE LINE.
10:21:34 PLEASE UNMUTE YOURSELF.
10:21:37 YOU HAVE THREE MINUTES.
10:21:42 >>CLERK: ALREADY, CHAIR.
10:21:47 THAT CONCLUDES THE PUBLIC COMMENT PORTION.
10:21:51 >>GUIDO MANISCALCO: ITEM NUMBER 5, CHRISTINA COSTA
10:21:55 WITH WALK BIKE TAMPA FOR A TEN-MINUTE PRESENTATION.
10:21:56 COUNCILMAN CARLSON.
10:22:00 >>BILL CARLSON: I WANT TO FREE THIS UP AND WE HAD
10:22:06 PUBLIC COMMENT AND MY INTENTION WHEN SETTING THIS UP.
10:22:10 AND WHEN YOU ALL APPROVED IT, THAT WALK BIKE TAMPA DID
10:22:14 A STUDY OF THE BAY TO BAY AREA AND THEY WANTED TO COME
10:22:17 AND PRESENT THEIR ANALYSIS AND PRESENT THAT AS KIND OF
10:22:19 A MODEL OF HOW IT COULD BE DONE IN OTHER AREAS.
10:22:22 SOUNDS LIKE THEY HAVE SOME PROPOSAL FOR US AT THE END
10:22:24 AND I WANTED TO SAY THAT.
10:22:31 JANET, CHRISTINA, AND EMILY WITH WALK BIKE TAMPA.
10:22:32 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:22:35 GO AHEAD WITH YOUR CONVERSATION.
10:22:42 PLEASE UNMUTE YOURSELF, MISS ACOSTA.
10:22:49 STILL MUTED.
10:22:59 IS SHE MUTED ON HER END OR MY END.
10:23:02 MADAM CLERK, DO YOU KNOW?
10:23:05 >>CLERK: IT IS ON HER END.
10:23:06 >>GUIDO MANISCALCO: NO?
10:23:13 DO YOU WANT TO LOG ON AND LOG BACK IN?
10:23:21 NO.
10:23:23 >> CAN YOU HEAR ME NOW?
10:23:25 >>GUIDO MANISCALCO: YES, GO AHEAD.
10:23:27 >> APOLOGIZE FOR THAT SLIGHT DELAY.
10:23:29 GOOD MORNING CHAIRMAN MANISCALCO AND CITY
10:23:30 COUNCILMEMBERS.
10:23:33 I AM CHRISTINA COSTA, TAMPA RESIDENT, AND FOUNDING
10:23:39 MEMBER OF WALK BIKE TAMPA, A NONPROFIT ADVOCACY
10:23:42 FOR-TO-PROMOTE SAFE WALKING, BITING AND SCOOTING IN
10:23:43 TAMPA.
10:23:45 DO YOU HAVE OUR PRESENTATION UP?
10:23:50 I WANT TO SEE OUR SLIDES.
10:23:52 >>GUIDO MANISCALCO: IF WE CAN PULL UP THE
10:23:52 PRESENTATION.
10:23:54 >> I WILL KEEP GOING THOUGH.
10:23:57 TODAY WE ARE HERE TO REVIEW A WALK AUDIT WE RECENTLY
10:24:00 DID AND MAKE RECOMMENDATIONS FOR CITYWIDE SIDEWALK
10:24:01 IMPROVEMENTS.
10:24:04 WE HAVE THE WORD "BIKE" IN OUR NAME, TODAY WE ARE NOT
10:24:08 TALKING ABOUT BIKING BECAUSE WALKING AND BIKING TWO
10:24:09 VERY DIFFERENT MODES.
10:24:12 WE WILL BE TALKING OF WALKING AND SIDEWALKS AND I AM
10:24:15 NOT GOING TO WEAR MY LITTLE BIKE PIN THAT I ALWAYS
10:24:17 WEAR.
10:24:27 WE GET TO THE SLIDE SHOW SHOULD BE ON SLIDE TWO.
10:24:29 >>GUIDO MANISCALCO: WE STILL DON'T SEE THE
10:24:29 PRESENTATION.
10:24:33 CAN WE PULL UP THE PRESENTATION?
10:24:46 >> ALL RIGHT.
10:24:48 >>BILL CARLSON: BY THE WAY, THEY PRACTICE THIS TO BE
10:24:49 IN EIGHT MINUTES.
10:24:52 IF IT ENDS UP BEING MORE THAN EIGHT MINUTES BECAUSE OF
10:24:53 THIS TIME.
10:24:55 >>GUIDO MANISCALCO: THE PRESENTATION IS UP.
10:24:56 OKAY, MA'AM.
10:24:57 SORRY ABOUT THAT.
10:24:58 >> THANK YOU VERY MUCH.
10:24:59 NEXT SLIDE, PLEASE.
10:25:03 WE PERFORMED A WALK AUDIT WITH COMMUNITY PARTNERS AT
10:25:07 THE INVITATION OF THE RELATED GROUP TO INFORM THEM AND
10:25:09 ALL STAKEHOLDERS OF THE SURFACE CONDITION SURROUNDING
10:25:14 THEIR DEVELOPMENT ON BAYSHORE BOULEVARD AT BAY TO BAY.
10:25:16 HERE YOU CAN SEE THE FOCUSED AREA.
10:25:18 THIS LOCATION IS VERY IMPORTANT BECAUSE BAY TO BAY
10:25:23 PROVIDES ACCESS TO THE BAYSHORE TRAIL, AN ICONIC ASSET
10:25:25 BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
10:25:27 GREENWAYS AND TRAILS.
10:25:31 LIKEWISE, BAYSHORE CONNECTS TO THE PALMA CEIA
10:25:33 COMMERCIAL CORRIDOR.
10:25:36 WE HAVE PROVIDED OUR REPORT TO THE COMMERCIAL CORRIDOR
10:25:38 STUDY GROUP.
10:25:41 NEXT SLIDE, PLEASE.
10:25:46 WE SPLIT INTO SIX TEAMS AND USED AARP WALK AUDIT FORM.
10:25:49 THE TEAMS MADE OBSERVATIONS AND MADE NOTES IN
10:25:52 SIDEWALKS, STREETS, CROSSINGS AND SIGNALS AND OTHER
10:25:55 ELEMENTS LIKE LIGHTING, LANDSCAPING, DRAINAGE AND LOTS
10:25:57 OF OTHER THINGS.
10:26:01 NEXT SLIDE, PLEASE.
10:26:04 WE FOUND A LOT OF ISSUES IN THIS AREA THAT MAKE THE
10:26:06 STREETS UNFRIENDLY TO PEDESTRIANS.
10:26:10 FOR EXAMPLE, SIDEWALK GAPS AND NARROW SIDEWALKS WITH NO
10:26:11 CURBS.
10:26:14 HERE YOU CAN SEE A WELL-WORN PATH WHERE THE SIDEWALK
10:26:16 DOES NOT CONNECT.
10:26:19 NEXT SLIDE, PLEASE.
10:26:23 DANGEROUS CONDITIONS INCLUDE THE CSX RAILROAD TRACKS
10:26:27 WHICH ARE IMPASSIBLE FOR STROLLERS AND WHEELCHAIRS.
10:26:30 PARENTS WITH YOUNG CHILDREN IN TOW AND THE DISABLED ARE
10:26:33 FORCED INTO THE ROADWAY.
10:26:35 NEXT SLIDE, PLEASE.
10:26:39 OBSTRUCTIONS ABOUND LIKE THIS OLD LAMPPOST WITH JAGGED
10:26:43 WIRES PROTRUDING OUT IN A LOT OF DIFFERENT DIRECTIONS
10:26:44 AND OF COURSE UTILITY POLES.
10:26:48 THOSE ARE OBSTRUCTING A LOT OF OUR SIDEWALKS.
10:26:50 NEXT SLIDE, PLEASE.
10:26:54 HERE IS AN EXAMPLE WHERE PEOPLE HAVE TO WALK THROUGH AN
10:26:55 ACTIVE PARKING LOT.
10:26:58 AND THERE IS NO PEDESTRIAN CROSSING TO SAFELY GET TO
10:27:02 THE POPULAR LOCALLY OWNED RESTAURANTS AND SHOPS ACROSS
10:27:03 MACDILL.
10:27:07 NOW I AM GOING TO HAND OVER OUR PRESENTATION TO WALK
10:27:12 BIKE TAMPA BOARD MEMBER EMILY HINSDALE THAT PROVIDE
10:27:15 RECOMMENDATIONS FOR CITY-WIDE IMPROVEMENTS AND CODE
10:27:15 UPDATES.
10:27:17 >> THANK YOU, CHRISTINA.
10:27:19 MY NAME IS EMILY HINSDALE.
10:27:22 I AM A TAMPA RESIDENT AND A WALK BIKE TAMPA BOARD
10:27:24 MEMBERS.
10:27:28 CHRISTINA HAVE DESCRIBED THE WALK BIKE TAMPA ITEM TO
10:27:29 TAMPA BAY.
10:27:32 TO SUMMARIZE, WE NEED A PLACE TO WALK.
10:27:33 NEXT SLIDE, PLEASE.
10:27:36 THIS IS A CITYWIDE PROBLEM.
10:27:39 1300 MILES OF SIDEWALK GAPS IN THE CITY OF TAMPA.
10:27:44 THE CITY'S CURRENT BUDGET ALLOWS TO ONE-MILE OF NEW
10:27:46 SIDEWALK CONSTRUCTION FOR A YEAR SHOULD THE
10:27:48 TRANSPORTATION SURTAX BE AVAILABLE WE WILL ONLY SEE
10:27:51 FIVE MILES OF NEW SIDEWALK CONSTRUCTION PER YEAR.
10:27:56 THERE ARE, HOWEVER, MANY MILES OF NEW SINGLE-FAMILY AND
10:27:59 MULTI-FAMILY RESIDENCES BUILT IN THE CITY OF TAMPA
10:28:00 EVERY YEAR.
10:28:03 IF THEY WERE BUILT WITH SIDEWALKS WE WOULD BE MANY
10:28:06 MILES CLOSER TO SAFE, WALKABLE STREETS.
10:28:09 NEXT SLIDE, PLEASE.
10:28:12 WALK BIKE TAMPA IS CALLING ON THE CITY TAMPA TO MAKE A
10:28:15 GREATER COMMITMENT TO SIDEWALK CONSTRUCTION BY UPDATING
10:28:20 22-103 AND 22-104 OF THE CITY CODE TO ENSURE SIDEWALK
10:28:23 INSTALLATION WITH NEW CONSTRUCTION.
10:28:26 WHY DO WE NEED MORE SIDEWALK DEVELOPMENT?
10:28:27 FOR SAFETY.
10:28:31 TAMPA'S VISION ZERO COMMITMENT REQUIRES SAFE SPACE FOR
10:28:33 ALL MOBILITY USERS.
10:28:35 EQUITY.
10:28:38 A CITY WITHOUT SIDEWALKS MEANS A CITY ONLY SAFELY AND
10:28:42 REASONABLY ACCESSIBLE BY PRIVATE CAR, EXCLUDING LOWER
10:28:46 INCOME RESIDENTS, MANY SENIORS AND CHILDREN.
10:28:47 PROPERTY VALUES.
10:28:50 TAMPA HOUSES IN WALKABLE NEIGHBORHOODS HAD A 19%
10:28:56 YEAR-OVER-YEAR INCREASE IN MEDIAN HOME PRICE.
10:28:57 ECONOMIC GROWTH.
10:29:00 WALKERS AND BIKERS SPEND MORE MONEY IN NEIGHBORHOOD
10:29:03 COMMERCIAL DISTRICTS THAN DRIVERS.
10:29:07 WALKABLE PLACES PROVIDE FAR MORE TAX VALUE PER ACRE
10:29:14 THAN AUTO-ORIENTED PLACES NEXT SLIDE, PLEASE.
10:29:17 THE CITY CODE CALLS FOR SIDEWALK INSTALLATION WITH NEW
10:29:18 CONSTRUCTION.
10:29:21 I WILL GO BACK TO THE PRESENTATION.
10:29:21 THANK YOU.
10:29:25 BUT IT HAS TOO MANY EXEMPTIONS.
10:29:31 YOU GO BACK A PAGE, PLEASE.
10:29:33 UPDATING THE CODE COULD MEAN SEVERAL MILES OF
10:29:36 ADDITIONAL SIDEWALK ADDED A YEAR.
10:29:38 FOR EXAMPLE, THE LOCATION PICTURE IS THREE BLOCKS FROM
10:29:42 A SCHOOL, TWO BLOCKS FROM A PARK AND HAS SIDEWALKS ON
10:29:43 ALL ABUTTING BLOCKS.
10:29:47 THE BLOCK FEATURE THREE NEW HOMES AND NO NEW SIDEWALKS.
10:29:50 WE WOULD LIKE TO SEE A CODE UPDATED TO REQUIRE
10:29:53 SIDEWALKS IN ALL HOMES BUILT WITHIN THE STATE
10:29:56 DESIGNATED TWO-MILE WALKING DISTANCE TO A SCHOOL TO
10:29:59 ENSURE SAFE ROUTES TO SCHOOL FOR TAMPA CHILDREN AND
10:30:01 THEIR CAREGIVERS.
10:30:05 NEXT SLIDE, PLEASE.
10:30:10 EXEMPTIONS MEAN LOST OPPORTUNITIES CITY WIDE.
10:30:13 EXAMPLES OF NEW CONSTRUCTION WITHOUT SIDEWALKS IN
10:30:15 RIVERSIDE HEIGHTS AND OLD SEMINOLE HEIGHTS.
10:30:20 EACH OF THEM A SHORT DISTANCE TO SCHOOLS AND PARKS.
10:30:23 WE CAN INCREASE THE NUMBER OF SIDEWALKS ON PROPERTIES
10:30:28 IN NEIGHBORHOOD BY DELETING THE MULTITUDE OF EARNINGS.
10:30:32 THE CODE PROVIDES PROVISION FOR PAYING INTO A SIDEWALK
10:30:36 TRUST FUND WHEN SIDEWALKS ARE NOT POSSIBLE AND
10:30:39 EXEMPTIONS, LOCAL ROAD, NO EXISTING SIDEWALKS ON THE
10:30:44 BLOCK ALREADY, NOT IN THE CITY IMPROVEMENT PLAN, NO
10:30:46 PAYMENT REQUIRED.
10:30:48 PAYMENTS THAT ARE MADE ARE INADEQUATE.
10:30:52 THE CURRENT PAYMENT IS $29 PER LINEAR FOOT.
10:30:56 THE MINIMUM COST FOR SIDEWALK INSTALLATION IS $40 THE
10:31:01 LINEAR FOOT WHEN THERE ARE NO COMPLICATIONS, DRAINS,
10:31:03 DITCHES, UTILITIES AND DRIVEWAYS.
10:31:06 NEXT SLIDE, PLEASE.
10:31:09 SOME EXTENSIONS WOULD REQUIRE MORE INTELLIGENT AND
10:31:13 THOUGHTFUL APPROACHES INCLUDING EXEMPTIONS FOR TREES.
10:31:18 WHEN GRAND TREES AND OTHER OBSTACLES WE NEED TO FIND
10:31:22 CREATIVE OPTIONS TO ADDING SIDEWALKS WITHOUT HARMING
10:31:23 TREES.
10:31:26 BUSINESS CORRIDORS AND BAY TO BAY BOULEVARD AND KENNEDY
10:31:29 BOULEVARD, THEY WERE ABLE TO PROVIDE WALKING ACCESS
10:31:34 WHILE PRESERVING OAK TREES WITH RAMPS AND PLATFORMS.
10:31:36 EXEMPTIONS FOR DRAINS AND DITCHES.
10:31:41 WHILE BUILDING ACROSS DRAINS AND DITCHES ARE MORE
10:31:44 EXPENSIVE, WE KNOW THE EXPENSE IS NOT A CONCERN
10:31:45 BUILDING DRIVEWAYS.
10:31:48 THESE EXAMPLES FROM WEST TAMPA AND BEACH PARK, DITCHES
10:31:51 CLOSED IN FOR DRIVEWAY ACCESSES.
10:31:53 IF WE CAN BUILD DRIVEWAYS FOR CARS.
10:31:55 WE CAN BUILD SIDEWALKS FOR PEOPLE.
10:31:59 NEXT SLIDE, PLEASE.
10:32:03 IN MAKING ANY CODE EFFECTIVE, ACCOUNTABILITY IS KEY.
10:32:06 WE WOULD LIKE TO SEE MORE METRICS FOR TRACKING PROGRESS
10:32:09 BY UPDATING THE PERMITTING PROCESS TO INCLUDE WHETHER
10:32:12 THERE IS A SIDEWALK INSTALLATION REQUIREMENT, IF AN
10:32:15 EXEMPTION HAS BEEN GRANTED FOR IF A PAYMENT IS MADE TO
10:32:16 THE SIDEWALK FUND.
10:32:20 HOW MANY HOMES HAVE BEEN BUILT WITHOUT SIDEWALKS IN THE
10:32:21 LAST YEAR?
10:32:24 HOW MANY HAVE PAID INTO THE SIDEWALK FUND?
10:32:25 NO ONE KNOWS.
10:32:28 THIS SHOULD BE EASY INFORMATION TO INCLUDE IN
10:32:28 CONSTRUCTION TRACKING.
10:32:31 THE CITY COUNCIL SHOULD BE ABLE TO SEE AN ANNUAL REPORT
10:32:34 ON NEW SIDEWALK INSTALLATION BOTH THROUGH DEVELOPMENT
10:32:36 AND THROUGH THE SIDEWALK FUND.
10:32:39 ARE WE MAKING PROGRESS TOWARD OUR VISION ZERO
10:32:43 COMMITMENT BY BUILDING WALKABILITY IN THE CITY COUNCIL,
10:32:46 THE CITY MOBILITY DEPARTMENT, AND THE RESIDENTS OF THE
10:32:50 CITY TAMPA DESERVE TO KNOW.
10:32:54 WHEN THE CITY SIDEWALK CODE WORKS, CONNECTED SIDEWALK
10:32:56 NETWORKS CAN BEGIN TO GROW.
10:33:00 THE EXAMPLE PICTURED HERE INCLUDE 3,000 FEET, ALMOST AN
10:33:03 ENTIRE BLOCK OF NEW CONSTRUCTION WITH NEW SIDEWALKS.
10:33:06 IT IS ALL DIRECTLY ACROSS THE STREET FROM AN ELEMENTARY
10:33:07 SCHOOL IN PALMA CEIA.
10:33:10 THIS IS THE DIFFERENCE BETWEEN CHILDREN WALKING TO
10:33:13 SCHOOL IN THE STREET, IN FACT, AND CHILDREN WALKING TO
10:33:15 SCHOOL IN SAFETY.
10:33:18 IF WE START BY BUILDING BETTER WALKING ROUTES TO
10:33:21 SCHOOLS, PARKS AND BUSINESSES, WE CAN START WORKING
10:33:24 TOWARD A MORE SUSTAINABLE FUTURE FOR OUR CITY.
10:33:27 AN EFFECTIVE SIDEWALK CODE WOULD BE A KEY PART OF THIS
10:33:29 COMMITMENT.
10:33:30 JANET.
10:33:34 >> NEXT SLIDE, PLEASE.
10:33:39 GOOD MORNING, COUNCIL, JANET SHERBERGER WALK BIKE TAMPA
10:33:41 BOARD MEMBER.
10:33:44 THERE IS WIDESPREAD SUPPORT OF THE CITY CODE.
10:33:46 ENDORSEMENT FROM NEIGHBORHOOD AND COMMUNITY GROUPS
10:33:50 SOUTH OF GANDY BOULEVARD, NORTH TAMPA AND EVERYWHERE IN
10:33:52 BETWEEN AND WE ARE CONTINUING TO BUILD SUPPORT.
10:33:54 WE MET WITH THE BUILDER ASSOCIATION AND REALTORS
10:33:57 ASSOCIATION TO GAUGE THEIR INTEREST IN AREAS OF COMMON
10:33:59 GROUND IN MAKING SOME CHANGES.
10:34:02 DUE TO SMALL FIXES THAT CAN BE MADE NOW AND HAVE A BIG
10:34:03 IMPACT.
10:34:07 EVERY CONSTRUCTION PROJECT BUILT WITHOUT A SIDEWALK IS
10:34:09 AN OPPORTUNITY LOST WITHOUT A DECADE.
10:34:13 WE HOPE THAT THE CITY COUNCIL WILL SCHEDULE TIME.
10:34:15 AND THANK YOU FOR CONSIDERATION AND THAT CONCLUDES OUR
10:34:16 PRESENTATION.
10:34:17 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:34:21 ANY QUESTIONS OR COMMENTS FROM COUNCILMEMBERS?
10:34:23 COUNCILMAN CITRO, YES, SIR.
10:34:26 >>JOSEPH CITRO: JUST COMMENTS.
10:34:30 I WAS -- I ALWAYS HAVE BEEN CONCERNED, ESPECIALLY IN
10:34:33 THE AREA OF TOWN WHERE I LIVE, WHERE HIM ARE PUSHING
10:34:35 THEIR STROLLERS IN THE STREET.
10:34:39 KIDS HAVE TO -- EXCUSE ME, CHILDREN HAVE TO WALK TO
10:34:42 SCHOOL IN THE STREETS.
10:34:47 WITH THE HELP OF MY LEGISLATIVE AIDE TIM HEVERLINE, WE
10:34:50 ARE TRYING TO FIND SOMEWHERE TO CREATE FUNDS TO HELP
10:34:53 THE CITY OF TAMPA PUT IN THESE SIDEWALKS.
10:34:57 LADIES, THANK YOU VERY MUCH FOR YOUR PRESENTATION.
10:35:02 I SEE THE RESULT OF NOT HAVING ADEQUATE SIDEWALKS EVERY
10:35:03 DAY.
10:35:06 AND I AM WILLING TO SUPPORT YOU IN YOUR EFFORTS,
10:35:09 ESPECIALLY WITHIN THE BAY TO BAY AND MACDILL AREA OF
10:35:11 CHANGING THINGS.
10:35:14 THANK YOU SO VERY MUCH FOR REPORT.
10:35:16 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA?
10:35:17 YES, SIR.
10:35:23 YOU ARE MUTED, SIR.
10:35:26 >>CHARLIE MIRANDA: THINGS THAT CAME UP THAT CERTAINLY
10:35:28 WILL HAVE TO BE ADDRESSED.
10:35:31 FIRST, THE COST PER LINEAR FOOT.
10:35:34 I WOULD LIKE THE CITY OR THE DEVELOPERS OR BOTH TO TELL
10:35:37 US WHAT THE REAL COST OF THE LINEAR FOOT IS.
10:35:41 BECAUSE WAY BACK 20 YEARS AGO, THEY WERE CHARGING $45.
10:35:43 AND THEY FINALLY ADMITTED THEY WERE WRONG.
10:35:44 AND IT WAS $29.
10:35:50 THAT IS WHY THE $29 IS THERE NOW, IF I REMEMBER
10:35:51 CORRECTLY.
10:35:54 THE NEXT THING IS THE -- THE DITCHES.
10:35:58 I HEARD ONE STATEMENT, IF YOU CAN BUILD DRIVEWAYS --
10:36:02 AND I APPROVE OF THAT -- YOU CAN BUILD SIDEWALKS.
10:36:07 WELL, I DON'T KNOW HOW, BUT YOU BUILD A DRIVEWAY FOR
10:36:10 THE CAR AND WHERE ARE YOU GOING TO PUT THE SIDEWALK?
10:36:13 OVER THE DITCH OR ON THE PROPERTY OF THE PERSON?
10:36:13 I DON'T KNOW.
10:36:18 I WANT TO CLARIFY THESE THINGS SO I CAN BE AT LEAST
10:36:21 SOMEWHAT AT EASE TO WHICH WAY I AM GOING TO GO BECAUSE
10:36:23 I GOT TO STUDY ALL THESE THINGS.
10:36:25 I WANT TO KNOW IF THERE IS A TRUST FUND FOR SIDEWALKS
10:36:27 FROM THE ADMINISTRATION.
10:36:37 AND IF THERE IS, WHERE IS THE MONEY GOING TO AND TO
10:36:38 WHAT LOCATION.
10:36:41 THE LAST TEN YEARS -- I WANT TO SATISFY EVERYONE HERE,
10:36:43 WHAT THE CITY HAS DONE AND HOW MANY MILES OF SIDEWALKS
10:36:45 HAVE WE PUT IN.
10:36:47 THAT WAY EVERYONE IS SATISFIED.
10:36:53 I ALSO WANT TO KNOW WHEN THE CITY STARTS TO DO THINGS,
10:36:56 IT WAS MY UNDERSTANDING THAT THE SIDEWALKS WERE GOING
10:37:00 TO GO FIRST AROUND RECREATION BUILDINGS, AROUND CITY
10:37:04 PARKS, AROUND BUILDINGS OF WORSHIP, AROUND HOSPITALS.
10:37:06 THINGS THAT PEOPLE GATHER IN.
10:37:10 AND I WANT TO SEE ALL THAT DONE.
10:37:11 IS THE CITY PERFECT?
10:37:12 ABSOLUTELY NOT.
10:37:14 AM I PERFECT?
10:37:16 I GUARANTEE YOU I AM NOT.
10:37:21 TWO OF US THAT ARE NOT PERFECT AND ADMITTED OF THE
10:37:21 THIRD PARTY.
10:37:23 WHAT I WOULD LIKE TO SAY.
10:37:28 I WOULD LIKE TO SEE IT DONE AND THE CONSISTENT HOW WE
10:37:31 ARE GOING TO DO IT, WHEN WE WILL DO IT AND HOW IT IS
10:37:32 GOING TO GET PAID.
10:37:34 I KNOW THERE IS A TREE FUND.
10:37:37 IF THE CITY HAS A SIDEWALK FUND, I WOULD LIKE THE CITY
10:37:41 OF TAMPA TO GIVE IN COUNCIL FOR THE LAST -- IF POSSIBLE
10:37:44 -- I DON'T KNOW WHAT THEY HAVE ON RECORD AND I WILL BE
10:37:48 VERY SINCERE, A FIVE YEAR OR -- LET'S SAY TEN YEARS,
10:37:53 HOW MUCH MONEY HAS GONE INTO THAT FUND TO BUILD
10:37:53 SIDEWALKS.
10:37:55 AND THEY DO HAVE THAT FUND.
10:37:59 HOW MANY SIDEWALKS WERE BUILT AND WHERE IS THE MONEY
10:38:03 EXPENDED AND ANY MONEY LEFT OVER OR NOT.
10:38:06 I WOULD LIKE TO KNOW TO SATISFY THE GOOD PEOPLE WHO
10:38:08 SPOKE TODAY FOR THE SIDEWALKS.
10:38:11 AND I APPRECIATE THAT VERY, VERY MUCH, BUT I WOULD LIKE
10:38:15 TO HAVE ALL THE SPECIFICS BEFORE ME BEFORE WE START
10:38:19 MAKING ANY CONCRETE DETAILS WHAT IS HAPPENING.
10:38:21 IT IS MY UNDERSTANDING THAT THE CITY DID HAVE A
10:38:24 PRIORITY WHERE THE SIDEWALKS WENT.
10:38:28 AND I CAN SHOW YOU RIGHT NOW WHERE YOU WALK IN THE
10:38:31 MIDDLE OF A STREET AND OFF DITCH.
10:38:33 AND ON THE OTHER SIDE OF THE DITCH, THERE IS A
10:38:34 SIDEWALK.
10:38:38 WHO IS GOING TO GET OFF THE ROAD TO JUMP A DITCH TO GO
10:38:42 60 OR 70 OR 100 FEET TO GO BACK IN THE MIDDLE OF THE
10:38:47 ROAD BECAUSE NO AREA WHEREVER ELSE.
10:38:50 I AM TRYING TO BE LOGICAL ABOUT THESE THINGS -- NOT
10:38:51 THAT YOU ARE NOT.
10:38:52 YOU ARE.
10:38:54 BUT I NEED TO UNDERSTAND ALL THE PERIMETERS WE NEED TO
10:38:56 FINISH THIS.
10:38:57 IT IS A GREAT TASK.
10:38:58 IT IS A WONDERFUL THING.
10:39:04 YOU KNOW WAY BEFORE THE '60S, EVERYBODY WAS WALKING.
10:39:09 BUT NOW IN THE 2020S WE SEND MIXED SIGNALS.
10:39:13 WE WANT TO YOU WALK AND EXERCISE AND YOU SEE A
10:39:15 COMMERCIAL.
10:39:18 CALL BY PHONE AND DELIVER THE FOOD TO YOUR HOUSE.
10:39:23 SO MANY MIXED SIGNALS GOING ON IN AMERICA.
10:39:25 AND NO ONE DIVISION IN THE CITY TAMPA.
10:39:28 THAT IS WHAT I AM TRYING TO GET AT.
10:39:31 WHERE DO WE GO AND HOW DO WE GET THERE AND WORK THIS
10:39:32 PROBLEM OUT.
10:39:34 NOT THAT WE ELECTED THAT WE ARE SMARTER.
10:39:36 I NEVER SAID THAT.
10:39:39 I WANT ALL THE DETAILS TO HAVE A PLAN MARCHING FORWARD.
10:39:41 THANK YOU, MR. CHAIRMAN.
10:39:43 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:39:44 COUNCILMAN DINGFELDER.
10:39:46 >>CHARLIE MIRANDA: WHAT I SAID THAT WHOLE THING IS A
10:39:47 MOTION.
10:39:50 SO I GUESS JEAN DUNCAN, I GUESS THAT IS WHERE IT GOES
10:39:52 TO FIND OUT WHERE WE ARE AT.
10:39:56 AND I SAID IT ALL EARLIER WHAT I NEEDED IN THAT MOTION.
10:39:58 IF YOU CAN SOMEHOW PUT THAT INTO A MOTION FORM, I WOULD
10:40:01 LIKE TO PUT THAT INTO A MOTION FORM.
10:40:02 >>GUIDO MANISCALCO: OKAY.
10:40:03 COUNCILMAN CITRO.
10:40:06 >>JOSEPH CITRO: LET EVERYBODY ELSE FINISH.
10:40:10 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
10:40:11 GO AHEAD, SIR.
10:40:14 >>JOHN DINGFELDER: I WOULD LIKE TO DEFER TO MR.
10:40:16 CARLSON AND I HAVE A FEELING IF BILL HAS A COMMENT AND
10:40:20 MOTION AND I WOULD LIKE TO FOLLOW UP, IF THAT IS OKAY,
10:40:22 MR. CHAIRMAN.
10:40:24 >>GUIDO MANISCALCO: THAT IS OKAY.
10:40:25 COUNCILMAN CARLSON.
10:40:28 >>BILL CARLSON: I AM HAPPY TO LET ONE OF YOU MAKE
10:40:30 MOTION IF YOU WANT.
10:40:33 I THOUGHT MAYBE WE SHOULD HAVE A WORKSHOP DISCUSSION ON
10:40:36 THIS THAT WILL INCLUDE THE BUILDERS, EMILY, CHRISTINA
10:40:41 AND JANET HAVE BEEN A MENTOR TO ME AND YOU ALL ON THESE
10:40:44 ISSUES AND WERE PERSONALLY WALKED ME THROUGH
10:40:46 NEIGHBORHOODS AND SHOWED ME THE THINGS THAT WE NEED TO
10:40:47 DO.
10:40:50 THE TRANSPORTATION MONEY WAS FREED UP, WE COULD
10:40:53 CERTAINLY DO A WHOLE BUNCH OF THESE THINGS AND I KNOW
10:40:56 THAT THE MOBILITY DEPARTMENT IS VERY COMMITTED TO ALL
10:41:00 OF THIS, EVIDENCE THAT VIK RIDES HIS BIKE TO WORK EVERY
10:41:02 DAY.
10:41:05 I HOPE THAT WITH THE LIMITED RESOURCES WE HAVE NOW, WE
10:41:08 CAN TRY TO MOVE FORWARD ON THESE ISSUES.
10:41:12 I SPOKE WITH EMILY OF KIND OF DOING THE MINI VERSION OF
10:41:16 THE TREE CONVERSATIONS THAT WENT FEW YEARS AGO.
10:41:19 THAT WOULD TAKE -- WOULD TAKE A COUPLE OF MEETINGS.
10:41:23 I SPOKE TO JOHN LUM, THE CHAIR OF THE BUILDERS
10:41:26 ASSOCIATION, A YEAR OR SO BEFORE COVID SLOWED DOWN A
10:41:29 LOT OF THINGS THAT WE WERE ALL TRYING TO DO AND HE, AT
10:41:34 LEAST, SEEMED TO BE IN FAVOR OF IT WITH A FEW LITTLE
10:41:36 TWEAKS AND EXCEPTIONS.
10:41:41 EITHER IN A WORKSHOP OR SOME SHORT-TERM AD HOC
10:41:43 COMMITTEE OR SOMETHING LIKE THAT WE WILL GET TO A GREAT
10:41:46 RESOLUTION THAT EVERYBODY CAN BUY INTO BECAUSE WE
10:41:48 DEFINITELY NEED MORE SIDEWALKS.
10:41:52 NOT JUST MORE SIDEWALKS BUT WIDER --
10:41:56 PEDESTRIAN-FRIENDLY SIDEWALKS AND CROSSWALKS AND OTHER
10:41:59 KIND OF MECHANISMS TO MAKE SURE THE ROADS ARE SAFE FOR
10:42:02 MY KIDS AND EVERYBODY ELSE'S KIDS.
10:42:04 IF YOU WANT TO MAKE A MOTION, I WILL DEFER TO YOU ALL.
10:42:07 IF NOT, I WILL DO IT.
10:42:10 >>GUIDO MANISCALCO: COUNCILMAN CITRO AND COUNCILMAN
10:42:11 DINGFELDER.
10:42:14 >>JOSEPH CITRO: I WAS GOING TO MAKE A MOTION.
10:42:18 BUT HAVE COUNCILMAN DINGFELDER TO SPEAK HIS PEACE.
10:42:21 >>JOHN DINGFELDER: THANK YOU, MR. CARLSON.
10:42:22 COUPLE OF THINGS.
10:42:25 LADIES, THANK YOU FOR ALL OF THE TIME YOU HAVE BEEN
10:42:26 PUTTING INTO THIS.
10:42:30 NOT JUST THIS ISSUE, BUT MANY ISSUES OVER THE YEARS.
10:42:34 MISS HINSDALE HAVE BEEN A HUGE ADVOCATE FOR THE
10:42:38 SIDEWALK STOMPERS OF ROOSEVELT ELEMENTARY, MY ALMA
10:42:40 MATER FOR MANY, MANY YEARS.
10:42:42 LISTEN, ON A SERIOUS NOTE.
10:42:45 THIS IS A CRITICAL ISSUE.
10:42:46 PUBLIC SAFETY ISSUE.
10:42:51 WE NEED TO BE PUTTING HUGE AMOUNT OF MONEY INTO OUR
10:42:55 SIDEWALKS THE WAY WE DO OUR ROADS.
10:42:58 WE FIX OUR ROADS AND WIDEN OUR ROADS AND FOCUS ON OUR
10:43:01 ROADS IN THE NAME OF PUBLIC SAFETY.
10:43:04 WHAT'S MORE IMPORTANT THAN SIDEWALKS AND OUR CHILDREN'S
10:43:06 PUBLIC SAFETY AND OUR ELDERLY'S PUBLIC SAFETY.
10:43:08 AND WE NEED TO FOCUS THAT.
10:43:11 WE NEED TO CHANGE OUR MIND SET.
10:43:14 AND I THINK THAT IS WHAT THESE LADIES HAVE BEEN TRYING
10:43:17 TO TELL US FOR A WHILE.
10:43:21 I KNOW I DWELL ON THIS A LOT, BUT WHEN I LEFT CITY
10:43:26 COUNCIL IN 2010, WITHIN SIX MONTHS OR A YEAR, THE CODE
10:43:30 GOT CHANGED AND PRIOR TO 2010, WE WERE SELECTING A LOT
10:43:33 OF FEES FOR SIDEWALKS AND EVEN DEMANDING THAT THE
10:43:36 SIDEWALKS BE BUILT OR COLLECTING FEES IF THERE WAS SOME
10:43:40 VALID REASON WHY THEY WEREN'T WORKING THOUGH.
10:43:43 AND WE DIDN'T GIVE A LOT OF EXCEPTIONS AND EXEMPTIONS.
10:43:44 AND SOMETHING HAPPENED TO THE CODE.
10:43:48 AND THE CODE GOT CHANGED AND ALL OF A SUDDEN EXEMPTIONS
10:43:49 AND EXCEPTIONS.
10:43:52 WE ARE NOT COLLECTING THE SAME AMOUNT OF MONEY AND NOT
10:43:53 BUILDING THE SAME AMOUNT OF SIDEWALKS.
10:43:57 I THINK THAT IS A BIG MISTAKE AND A MISTAKE THAT THIS
10:44:00 COUNCIL AND THIS MAYOR AND THIS ADMINISTRATION CAN AND
10:44:02 SHOULD AND HOPEFULLY WILL FIX.
10:44:13 I KNOW THAT MISS DUNCAN AND MR. BHIDE OF THE MOBILITY
10:44:16 DEPARTMENT ARE SUPPORTIVE OF THIS BUT THEY NEED OUR
10:44:17 HELP.
10:44:18 THEY CAN'T DO IT ALONE.
10:44:22 THEY NEED OUR HELP OF THE CHANGING OF OUR CODE, MONEY
10:44:24 AND CHANGING OF POLICY.
10:44:26 BILL, I SUPPORT YOUR IDEA.
10:44:29 WE NEED TO WORKSHOP IT SOONER RATHER THAN LATER, AND
10:44:32 THE WORKSHOP NEEDS TO INCLUDE THE LEGAL DEPARTMENT TO
10:44:36 LOOK AT THE CHANGES THAT THIS GROUP HAS PROPOSED TO OUR
10:44:39 CODE, AND REVISIT OUR OLD CODE.
10:44:43 AND PUT IT ALL TOGETHER AND HAVE A BETTER CODE.
10:44:51 AND, YES, IT IS FINE TO WORK WITH THE DEVELOPMENT
10:44:54 COMMUNITY AND A LOT OF PLACES LIKE VIRGINIA PARK FOR
10:44:58 10, 15 YEARS AND BUILDING HOME LIKE CRAZY IF EVERY ONE
10:45:02 OF THOSE NEW HOMES HAVE A SEGMENT OF SIDEWALK, WE WOULD
10:45:04 HAVE SIDEWALKS UP AND DOWN VIRGINIA PARK.
10:45:06 INSTEAD SPOTTY AND HERE AND THERE.
10:45:09 WE MISSED AN OPPORTUNITY, AND THAT IS IN A VERY
10:45:10 AFFLUENT NEIGHBORHOOD.
10:45:13 NOW THE CONSTRUCTION IS MOVING OVER INTO WEST TAMPA AND
10:45:21 EAST TAMPA, WHICH IS FANTASTIC BUT WE CAN'T MISS THIS
10:45:26 OPPORTUNITY AGAIN AND CAN'T CREATE THESE EARNINGS
10:45:28 INCLUDING AFFORDABLE HOUSING.
10:45:31 AN EFFORT TO SAY WITH AFFORDABLE HOUSING WE SHOULDN'T
10:45:32 HAVE SIDEWALKS.
10:45:35 BUT TO ME THAT IS CRAZY.
10:45:37 CHILDREN WHO LIVE IN THE AFFORDABLE HOUSING SHOULDN'T
10:45:38 HAVE SIDEWALKS?
10:45:39 THAT DOESN'T MAKE SENSE.
10:45:43 I AM NOT NECESSARILY SAYING THE AFFORDABLE HOUSING
10:45:46 PEOPLE WHO ARE BUILDING THOSE OR LIVING IN THOSE
10:45:48 AFFORDABLE HOUSING SHOULD BUILD THE SIDEWALKS, BUT
10:45:52 SOMEBODY NEEDS TO STEP UP AND BUILD THE SIDEWALKS IN
10:45:52 THE CITY.
10:45:59 SO IT IS ONE THING TO EXEMPT THEM WE NEED TO SPEND THE
10:46:01 SIDEWALKS IN FRONT OF THE AFFORDABLE HOUSING AND MAKE
10:46:02 SURE WE DO THAT RIGHT.
10:46:05 BILL, YOU HAVE BEEN SPEARHEADING THIS.
10:46:08 WHOEVER WANTS TO MAKE THE MOTION ON THE WORKSHOP, I
10:46:11 WILL BE VERY, VERY SUPPORTIVE AND LADIES, AGAIN, THANKS
10:46:13 FOR ALL YOUR TIME.
10:46:15 MR. CHAIRMAN, THANKS FOR THE EXTRA TIME.
10:46:18 >>GUIDO MANISCALCO: COUNCILMAN VIERA AND THEN
10:46:19 COUNCILMAN MIRANDA.
10:46:22 >>LUIS VIERA: THANK YOU, MR. CHAIR AND COUNCILMAN
10:46:26 CARLSON FOR BRINGING THIS ON AND EVERYBODY'S WORK ON
10:46:27 THIS ISSUE.
10:46:29 ONE THING I LIKED HEARING AS WELL THAT THIS EFFORT
10:46:33 ISN'T SUPPLEMENT TO ANYTHING WE MAY GET FROM THE PENNY
10:46:34 SALES TAX.
10:46:36 THE PRESENT BUDGET FOR SIDEWALKS IS LITTLE UNDER
10:46:43 $900,000 WHICH AS YOU ALL INDICATED IS A MILE OF
10:46:48 SIDEWALKS A YEAR WITH PROSPECTIVE FUNDS UP TO $6
10:46:51 MILLION WHETHER I YIELD FIVE MILES OF SIDEWALKS A YEAR.
10:46:54 IF YOU LOOK AT OUR CITY, IT IS -- IN MY OPINION AND
10:46:58 EVERYONE'S OPINION, THAT IS WOEFULLY TOO LITTLE.
10:47:03 GREAT AND GIVES US LEVEL OF DIGNITY THAT IS WOEFULLY SO
10:47:06 LITTLE AND ALL THE TOOLS WE HAVE IN THE TOOLBOX TO
10:47:10 INCREASE THE USE OF SIDEWALKS AND COUNCILMAN DINGFELDER
10:47:13 MENTIONED WEST TAMPA AND EAST TAMPA AND COMMUNITIES
10:47:18 THAT ARE START TO BUILD, BLUE COLLAR, LOWER INCOME
10:47:22 COMMUNITIES THAT SHOULD NOT BE DEPRIVED OF THE
10:47:24 GOD-GIVEN RIGHT OF A SIDEWALK.
10:47:26 I THINK THAT IS SO IMPORTANT.
10:47:28 A LOT OF COMMUNITIES HERE IN THE CITY OF TAMPA HAVE
10:47:30 THEM BUT TOO MANY OF THEM DON'T.
10:47:31 I KNOW IN NEW TAMPA.
10:47:35 MOST NEW TAMPA COMMUNITIES HAVE SIDEWALKS NOTHING TO DO
10:47:38 WITH THE CITY BUT WITH CDDS AND DIFFERENT PAYMENTS THAT
10:47:42 RESIDENTS IN NEW TAMPA PAY OUT OF THEIR OWN POCKET FOR
10:47:42 IT.
10:47:45 THE REAL LESSON IS PEOPLE ARE GOING TO WANT TO PAY FOR
10:47:49 SIDEWALKS WHETHER IT IS THROUGH TAX DOLLARS, THROUGH AN
10:47:53 EXTRA 1% ON CERTAIN PURCHASES YOU MAKE AND REGULAR
10:47:59 OTHER REGULATIONS PEOPLE WANT SIDEWALK.
10:48:03 NOT JUST ABOUT PUBLIC SAFETY BUT DIGNITY AND RESPECT
10:48:05 FOR OUR NEIGHBORHOOD.
10:48:08 IF YOU HAVE A KID RIDING A BICYCLE, THEY SHOULD RIDE IT
10:48:09 ON THE SIDEWALK.
10:48:10 JUST THE WAY IT IS.
10:48:12 THEY SAY IN SPANISH --
10:48:14 [SPEAKING SPANISH]
10:48:17 -- THAT IS WHAT GOD COMMANDS.
10:48:20 THAT IS A SAYING MY MOTHER ALWAYS SAID.
10:48:23 AND I SUPPORT THIS DIALOGUE AND THANK YOU COUNCILMAN
10:48:25 CARLSON FOR BRINGING THIS FORWARD AND EVERYONE'S HARD
10:48:26 WORK.
10:48:28 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA AND THEN WE
10:48:31 WILL BRING THIS IN FOR A LANDING.
10:48:32 GO AHEAD, SIR.
10:48:38 AND PLEASE UNMUTE YOURSELF.
10:48:40 >>CHARLIE MIRANDA: FIRST OF ALL -- LET ME SAY THIS.
10:48:43 I CERTAINLY ENCOURAGE THE DIALOGUE AND THE THREE
10:48:45 INDIVIDUALS THAT SPOKE TODAY.
10:48:51 VERY WELL-DONE AND VERY SUPPORTIVE OF ALL OF THAT.
10:48:54 AND WHY SOME OF THE THINGS THAT HAPPENED.
10:48:57 AND NOW WE ARE TALKING OF A COMPLETE BLOCK THAT HAVE
10:49:03 HOMES BUILT IN THE 40, 50, 60 -- ONE HOUSE FOR
10:49:07 WHATEVER REASON IS TORN DOWN AND BUILD A NEW HOME.
10:49:10 NOW THAT ONE HOME WILL A SIDEWALK.
10:49:11 REASONABLE LOGIC.
10:49:13 WHAT I THINK IS REASONABLE LOGIC.
10:49:17 FIVE MILES AWAY, TWO MILES AWAY, ONE MILE AWAY, AND ONE
10:49:20 BLOCK AWAY, YOU HAVE JUST THE OPPOSITE.
10:49:25 OFF BLOCK -- A BLOCK FOR WHATEVER REASON GOT ONE
10:49:28 SIDEWALK ON ONE SIDE IT AND THREE EMPTY LOTS THAT WERE
10:49:31 BUILT NOW ALL NEW HOMES.
10:49:32 AND YOU PUT IN A SIDEWALK.
10:49:36 NEXT TO THOSE THREE HOMES YOU HAVE NOW, AGAIN, FIVE
10:49:42 HOMES FROM THE 40S, 50S AND 60S WITHOUT A SIDEWALK.
10:49:44 WHAT IS BETTER TO DO NOTHING AND COLLECT THE MONEY FOR
10:49:49 THE SIDEWALK IN LIEU OF ON THE ONE LOT THAT BUILT THE
10:49:55 SIDEWALK OF HOUSES IN THE '40S, '50S, AND '60S AND DO
10:49:56 WHAT.
10:49:59 TO HAVE THAT MONEY TRANSPOSED TO THE ONE BLOCK THAT
10:50:01 ALREADY NEEDS THREE HOUSES FOR SIDEWALKS.
10:50:05 THAT IS PART OF THE LOGIC USED BY THOSE COUNCILMEMBERS.
10:50:09 WE MAY BE STUPID AND DUMB, BUT AT LEAST WE LOOK FORWARD
10:50:12 TO HOW TO SOLVE A PROBLEM TO SOME DEGREE.
10:50:16 I APOLOGIZE TO THOSE -- I'M NOT CALLING THEM STUPID AND
10:50:19 DONE, I AM SAYING THAT IS THE LOGIC WE USED TO GET THE
10:50:20 THING DONE.
10:50:24 NOT WHAT PAST ADMINISTRATIONS HAVE DONE WITH THAT, I
10:50:24 CAN'T ANSWER THAT.
10:50:27 BUT I AM GLAD THIS IS COMING FORWARD TO HAVE A SENSIBLE
10:50:29 APPROACH TO SOLVING A PROBLEM.
10:50:30 THANK YOU, MR. CHAIRMAN.
10:50:31 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:50:36 LET'S GET A MOTION TO PUT THIS ON A WORKSHOP.
10:50:39 COUNCILMAN CARLSON AND CITRO.
10:50:41 >>JOSEPH CITRO: I HAVE ONE IF YOU DON'T MIND.
10:50:44 BILL, THIS IS YOURS.
10:50:46 >>BILL CARLSON: YOU CAN GO AHEAD.
10:50:50 I WANT TO SAY A YEAR, YEAR AND A HALF AGO ON WALK BIKE
10:50:53 TAMPA, WE PASSED A MOTION TO HAVE THE CITY MOBILITY TO
10:50:57 HAVE A CITYWIDE SIDEWALK PLAN AND BICYCLE PLAN AND THEY
10:51:00 ROLLED THAT WHAT IS THE MOBILITY PLAN.
10:51:03 THOSE ARE TWO PIECES INCLUDED.
10:51:04 AND THERE ARE MASTER PLANS.
10:51:06 WE NEED TO FIND THE MONEY TO DO IT.
10:51:10 BUT I WANTED TO LET YOU KNOW AND THE PUBLIC KNOW THOSE
10:51:11 ARE GOING FORWARD.
10:51:13 >>JOSEPH CITRO: MR. CHAIR, IF I MAY.
10:51:15 THERE ARE SO MANY MOVING PARTS WITH THIS.
10:51:19 SO I HOPE I CAN ENCOMPASS THEM ALL.
10:51:22 COUNCILMAN MIRANDA BROUGHT UP SO MANY GREAT QUESTIONS.
10:51:24 BUT MY MOTION IS THIS.
10:51:30 I MOVE TO HAVE JEAN DUNCAN, VIK BHIDE, LEGAL STAFF AND
10:51:35 REPRESENTATIVES FROM CSX AND TECO TO APPEAR BEFORE
10:51:40 COUNCIL FOR A WORKSHOP TO DISCUSS THE BAY TO BAY AND
10:51:52 MACDILL AREA CONCERNING THIS PRESENTATION BY WALK BIKE
10:51:56 AND SIDEWALKS WITHIN THE CITY OF TAMPA, AS WELL AS
10:52:00 DISCUSSING THE SIDEWALK FUND EXISTING IN THE CITY OF
10:52:08 TAMPA AS WELL AS CURRENT CODES CONCERNING SIDEWALKS.
10:52:09 >>GUIDO MANISCALCO: WOULD YOU LIKE THAT FOR THE APRIL
10:52:11 22 WORKSHOP.
10:52:11 IT'S OPEN.
10:52:16 >>JOSEPH CITRO: I BELIEVE THAT WILL GIVE EVERYBODY
10:52:18 ENOUGH TIME TO GET THE INFORMATION THAT HAS BEEN
10:52:22 REQUESTED NOT ONLY BY THESE LADIES BY COUNCIL.
10:52:25 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN CITRO.
10:52:27 A SECOND FROM COUNCILMAN CARLSON.
10:52:30 I SEE DINGFELDER AND MIRANDA'S HAND UP.
10:52:35 GO AHEAD, COUNCILMAN DINGFELDER.
10:52:38 >>JOHN DINGFELDER: VERY SIMPLY, MR. CITRO, THANKS FOR
10:52:40 YOUR EXCELLENT MOTION.
10:52:42 RIGHT AT THE LAST LINE WHEN YOU SAID TO ADDRESS
10:52:44 ORDINANCES.
10:52:48 WOULD ASK THAT WE ALSO INCLUDE THE WORD "POLICIES."
10:52:51 BECAUSE I HAVE A FEELING THAT HIDDEN WITHIN THE
10:52:54 ADMINISTRATION, THERE ARE SOME POLICIES THAT I -- THAT
10:52:56 I THINK ARE WORTH DISCUSSING.
10:53:01 I KNOW WE CAN'T CONTROL POLICY, PER SE, BUT AT LEAST
10:53:05 FIND OUT WHAT THE POLICIES ARE AND HOW THEY ARE BEING
10:53:05 AFFECTED.
10:53:10 MR. CITRO, ASK TO YOU ADD THE WORD "AND POLICIES"
10:53:13 BEHIND ORDINANCE.
10:53:17 >>JOSEPH CITRO: MR. CHAIR, CODES, ORDINANCES AND
10:53:18 POLICIES.
10:53:19 >>GUIDO MANISCALCO: YES, SIR.
10:53:20 IS THAT ALL RIGHT?
10:53:22 A SECOND?
10:53:24 THAT STANDS.
10:53:25 COUNCILMAN VIERA.
10:53:27 >>LUIS VIERA: REALLY QUICKLY.
10:53:29 I HEARD BAY TO BAY.
10:53:35 TO LOOK AT SIDEWALKS AROUND THE ABUNDANCE OF TAMPA.
10:53:38 >>JOSEPH CITRO: I WANTED TO MAKE SURE WE GOT THE AREAS
10:53:41 THAT THESE LADIES DISCUSSED AS WELL AS THE CITY OF
10:53:41 TAMPA.
10:53:42 >>LUIS VIERA: COOL.
10:53:43 THANK YOU, SIR.
10:53:45 >>GUIDO MANISCALCO: APRIL 22.
10:53:46 9 A.M. WORKSHOP.
10:53:49 WE HAVE A MOTION FROM COUNCILMAN CITRO.
10:53:51 SECOND BY COUNCILMAN CARLSON.
10:53:52 ALL IN FAVOR.
10:53:53 THANK YOU VERY MUCH.
10:53:54 THANK YOU.
10:53:59 WE HAVE ONE MORE REGISTERED SPEAKER THAT WAS -- WAS
10:54:04 REGISTERED BUT HAD AN ISSUE LOGGING IN REGINA CASTILLO.
10:54:06 IF SHE IS ON THE LINE.
10:54:07 PLEASE UNMUTE YOURSELF.
10:54:16 YOU HAVE THREE MINUTES TO SPEAK.
10:54:17 >> CAN YOU HEAR ME?
10:54:20 >>GUIDO MANISCALCO: YES, WE CAN, GO AHEAD.
10:54:21 >> OKAY.
10:54:25 GOOD MORNING, COUNCILMEMBERS.
10:54:27 >>GUIDO MANISCALCO: GOOD MORNING.
10:54:28 STATE YOUR NAME.
10:54:31 >> GOOD MORNING, COUNCILMEMBERS AND MAYOR CASTOR.
10:54:35 REGINA CASTILLO AND AN ALTERNATIVE EDUCATOR FOR
10:54:37 HILLSBOROUGH COUNTY SCHOOLS.
10:54:39 AND I HELP MANY STUDENTS IN THE CITY OF TAMPA STAY ON
10:54:40 TRACK AND STAY IN SCHOOL.
10:54:43 THANK YOU SO MUCH FOR TAKING THE TIME TO ADDRESS THE
10:54:47 APPRENTICESHIP ORDINANCE WHICH WILL ALLOW MORE CITY
10:54:50 RESIDENTS TO HAVE THE SAME ACCESS AND OPPORTUNITIES AS
10:54:53 SOME OF THE MORE PRIVILEGED RESIDENTS BY BUILDING UP
10:54:56 SKILLED CONSTRUCTION WORK FORCES THAT LEADS TO A
10:55:00 PATHWAY WHICH POURS BACK INTO THE COMMUNITY.
10:55:01 I HAVE APPROXIMATELY TEN YEARS OF EXPERIENCE WORKING
10:55:06 WITH THE APPRENTICESHIP PROGRAM THROUGHOUT DEPARTMENT
10:55:08 OF DJJ AND THE ALTERNATIVE EDUCATION.
10:55:11 AND IT HAS TREMENDOUSLY HELPED CHANGE THE LIVES OF MANY
10:55:11 INDIVIDUALS.
10:55:15 THE STUDENTS THAT ATTENDED THESE TRADE PROGRAMS, THEY
10:55:17 WEREN'T REALLY BAD KIDS.
10:55:20 THEY JUST MADE BAD DECISIONS; HOWEVER, WE SHOULD HAVE
10:55:24 PROGRAMS WHICH HELP PEOPLE MAKE CAREER LIFE CHOICES VIA
10:55:28 TRAINING BEFORE BEING INCARCERATED OR HEADING TO --
10:55:31 HAVING TO GO BEFORE A JUDGE JUST TO DETERMINE THE
10:55:35 DESIRE FOR A TRADE PROGRAM SUCH AS APPRENTICESHIPS.
10:55:40 OUR RESIDENTS OF TAMPA WILL ALWAYS BE LIFE-LONG
10:55:41 LEARNERS.
10:55:44 AND WE ARE LOOKING TO CONTINUE HELPING THEM MAKE GOOD
10:55:47 CHOICE THAT'S WILL BENEFIT THE COMMUNITIES.
10:55:55 IT IS THE GREAT LEADERS LIKE HOW LEAD WITH EQUITY AND
10:56:04 TAKE PROACTIVE MEASURES TO CREATE PLAN THAT'S SUPPORT
10:56:10 ALL CITIZENS.
10:56:16 YOU MADE A GOOD CHOICE FOR THE RESIDENTS OF THIS CITY.
10:56:23 SO THAT IT CAN CONTINUE TO THRIVE.
10:56:41 I COME TO YOU AS AN ALTERNATIVE EDUCATOR AND --
10:56:59 [INTERFERENCE]
10:57:02 >>GUIDO MANISCALCO: MA'AM, YOU ARE BREAKING UP.
10:57:13 IT IS A VERY SLOW CONNECTION.
10:57:43 [INAUDIBLE]
10:57:46 >>GUIDO MANISCALCO: MA'AM, YOU ARE BREAKING UP VERY
10:57:47 BADLY.
10:57:50 IT IS VERY CHOPPY.
10:58:04 >>GUIDO MANISCALCO: CAN YOU HEAR US, MA'AM?
10:58:13 [INAUDIBLE]
10:58:21 >>GUIDO MANISCALCO: ALL RIGHT, THANK YOU VERY MUCH.
10:58:29 WELL, THAT WAS MORE THAN THREE MINUTES.
10:58:31 ALL RIGHT, THANK YOU VERY MUCH.
10:58:37 THAT CONCLUDES OUR PUBLIC COMMENT THERE.
10:58:39 BEFORE WE CONTINUE, ARE THERE ANY REQUESTS BY THE
10:58:44 PUBLIC FOR RECONSIDERATION OF LEGISLATIVE MATTERS?
10:58:45 OKEY-DOKEY.
10:58:48 ITEM NUMBER 6.
10:58:49 COUNCILMAN VIERA.
10:58:51 THIS IS YOUR ITEM, SIR, CORRECT?
10:58:53 >>LUIS VIERA: YES, SIR.
10:58:56 >>GUIDO MANISCALCO: MISS ZELMAN HERE TO PRESENT.
10:58:58 >>LUIS VIERA: I WILL ASK QUESTIONS AND SPEAK AFTER
10:59:04 MISS ZELMAN GOES, OBVIOUSLY.
10:59:08 >>ANDREA ZELMAN: GOOD MORNING, ANDREA ZELMAN, CITY
10:59:09 ATTORNEY.
10:59:09 [INAUDIBLE]
10:59:15 -- THE CHANGES THAT HAVE BEEN MADE TO THE
10:59:17 APPRENTICESHIP ORDINANCE SINCE YOU LAST SAW IT AT YOUR
10:59:20 DECEMBER 3 MEETING.
10:59:24 SOME OF THESE CHANGES WERE REQUESTED AT THAT MEETING.
10:59:29 SOME OF THESE CHANGES WERE THE RESULT OF SUBSEQUENT
10:59:32 DISCUSSIONS THAT COUNCILMAN VIERA COORDINATED WITH
10:59:36 REPRESENTATIVES OF THE BUILDING INDUSTRY AND THE LABOR
10:59:41 UNIONS IN ADDITION TO SOME SUGGESTED WORDSMITHING
10:59:45 PROVIDED BY COUNCILMAN DINGFELDER.
10:59:50 AND I JUST WANT TO THANK, IN PARTICULAR, BRAD BAIRD WHO
10:59:55 PUT A LOT OF TIME AND RESEARCH INTO HOW THIS ORDINANCE
11:00:01 WOULD ACTUALLY WORK AS OPPOSED TO JUST TO JUST WRITING
11:00:02 IT.
11:00:06 AND REALLY TALKED A LOT TO FOLKS IN THE INDUSTRY AND
11:00:09 WITH OTHER JURISDICTIONS TO MAKE SURE THAT WE WEREN'T
11:00:12 PROPOSING SOMETHING THAT WOULDN'T ACTUALLY BE ABLE TO
11:00:17 BE IMPLEMENTED SO JUST QUICKLY.
11:00:22 SOME OF THE CHANGES THAT YOU WILL SEE IS WE DELETED
11:00:27 REFERENCE TO A COMPANY DOING ITS OWN COMPANY-SPONSORED
11:00:28 TRAINING.
11:00:32 WE ARE LIMITING THE DEFINITION OF "APPRENTICE" TO
11:00:36 SOMEONE WHO IS PARTICIPATING IN A REGISTERED PROGRAM
11:00:39 WITH THE STATE.
11:00:43 WE ALSO ADDED THE DEFINITION FOR HORIZONTAL
11:00:50 CONSTRUCTION, BECAUSE MUCH TO THE PRESSURE OF MANY, WE
11:00:55 DID DETERMINE THAT AS COUNCIL HAD REQUESTED, IT WOULD
11:00:59 BE FEASIBLE TO WITHIN ONE YEAR OF IMPLEMENTATION OF THE
11:01:03 ORDINANCE EXPAND ITS APPLICATION TO HORIZONTAL
11:01:06 CONSTRUCTION PROJECTS.
11:01:09 WE CLARIFIED THE ORDINANCE TO MAKE CLEAR THAT THE
11:01:14 MINIMUM 12% REQUIREMENT ONLY APPLIES TO LABOR HOURS
11:01:17 THAT ARE PERFORMED IN A TRADE FOR WHICH REGISTERED
11:01:23 APPRENTICE PROGRAMS OR ON-THE-JOB TRAINING PROGRAMS
11:01:26 ACTUALLY EXIST BECAUSE SOME OF THE LABOR HOURS ON ANY
11:01:32 GIVEN CONTRACT ARE GOING TO BE IN NONAPPRENTICEABLE
11:01:33 TRADES.
11:01:37 WE BEEFED UP THE DEFINITION OF GOOD-FAITH EFFORTS,
11:01:44 WHICH COMES INTO PLAY LATER BECAUSE WE, AGAIN, HAVE
11:01:49 EXCLUSION OR EXEMPTION TO THE 12% REQUIREMENT WHEN ONE
11:01:52 CAN DEMONSTRATE TO THE SATISFACTION OF THE CITY THAT
11:01:55 THEY MADE A GOOD-FAITH EFFORT AS WE DESIGNED.
11:02:00 AS WE DEFINE WITH GREAT SPECIFICITY IN THERE THAT THEY
11:02:04 TRIED TO FIND APPRENTICES FOR A GIVEN TRADE AND WERE
11:02:11 SIMPLY UNABLE TO.
11:02:17 WE ADDED AT THE REQUEST OF SOME A REQUEST FOR
11:02:21 COMPLIANCE AND THIS WASN'T JUST A MANDATE, BUT ALSO AN
11:02:25 INCENTIVE AND THAT WAS AN EARLY RELEASE OF 1% OF THE
11:02:30 CONTRACTORS RETAINAGE AT THE 50% MARK, IF THE CITY
11:02:33 DETERMINES THAT THE CONTRACTOR IS, AT THAT POINT IN
11:02:37 TIME, IN COMPLIANCE WITH THE ORDINANCE AND ALSO
11:02:42 OTHERWISE PERFORMING THEIR CONTRACT SATISFACTORY.
11:02:46 I KNOW THAT 1% SOUNDS SMALL, BUT IN 2020, THE
11:02:49 LEGISLATURE REDUCED THE AMOUNT THAT THE CITY CAN HOLD
11:02:52 BACK AS RETAINAGE.
11:02:56 AND MY UNDERSTANDING OF RETAINAGE AND BRAD CAN CORRECT
11:02:59 ME IF I'M WRONG, BUT IT IS SORT OF LIKE A SECURITY
11:03:00 DEPOSIT.
11:03:04 IT ALLOWS THE CITY TO HOLD BACK A PERCENTAGE OF THE
11:03:11 CONTRACT PAYMENT TO THE VERY END WHEN THEY GO THROUGH
11:03:13 THE PUNCH LIST ITEMS FULL, IF SOME THINGS ARE BEING
11:03:19 DONE THEY ARE NOT BEING DONE AT EXPENSE OF THE CITY AND
11:03:21 THE CITY CAN USE MONEY THAT IS HELD BACK.
11:03:28 AGAIN THE REGISTERED AS THE CITY CAN HOLD FOR RETAINAGE
11:03:31 USED TO BE 10% OF THE CONTRACT PRICE AND NOW 5%.
11:03:34 GIVING UP 1% EARLY IS GIVING UP 20% OF WHAT WE ARE
11:03:42 WITHHOLDING AND MORE SIGNIFICANT THAN IT MAY SOUND.
11:03:49 WE BEEFED UP THE REPORTING REQUIREMENTS AS COUNCIL HAS
11:03:52 SUGGESTED AND WE ORIGINALLY DRAFTED THE ORDINANCE TO
11:03:57 APPLY TO ONLY VERTICAL ABOVEGROUND CONSTRUCTION
11:03:58 PROJECTS.
11:04:02 NOW WHERE AT THE ONE-YEAR MARK -- NO GREATER THAN ONE
11:04:08 YEAR BE EXPANDED TO INCLUDE HORIZONTAL CONSTRUCTION.
11:04:09 WITH THAT I WILL ANSWER ANY QUESTIONS.
11:04:11 >>GUIDO MANISCALCO: COUNCILMAN VIERA, YES, SIR.
11:04:14 >>LUIS VIERA: THANK YOU VERY MUCH, MR. CHAIR.
11:04:18 I WANT TO THANK ANDREA ZELMAN FOR ALL YOUR HARD WORK.
11:04:23 WE HAVE BEEN GOING ON THIS A LOT OF BACK AND FORTH AND
11:04:24 BRAD WHO IS HERE.
11:04:26 THANK YOU, SIR, SO MUCH FOR YOUR HARD WORK.
11:04:29 I COME TO YOU MAYBE A MONTH AGO SAYING I GOT THIS IDEA
11:04:34 ON -- ON RETAINAGE AND WHATNOT.
11:04:37 YOU ARE LIKE JEEZ, TO QUOTE LAUREL AND HARDY, ANOTHER
11:04:39 FINE MESS YOU HAVE GOTTEN US INTO.
11:04:43 SO I REALLY APPRECIATE THAT -- EVERYBODY'S HARD WORK
11:04:46 AND JUST THE ADMINISTRATION, THE CASTOR ADMINISTRATION
11:04:48 OF BEING SO SUPPORTIVE AND WORKING ON THIS.
11:04:51 YOU KNOW I HAVE BEEN WORKING ON THIS ABOUT A YEAR, AND
11:04:56 AFTER WE WERE MEETING A FEW MONTH I WENT TO THE CASTOR
11:04:59 ADMINISTRATION AND SAID THIS IS WHERE WE ARE LOOK OF
11:04:59 GOING.
11:05:01 AND HOW DO YOU FEEL ABOUT THIS.
11:05:04 WE ARE SOMEHOW BISHOPS AND SHE IS THE POPE IN THE CITY
11:05:07 OF TAMPA GOVERNMENT.
11:05:12 A, WE NEED TO MAKE SURE THAT THE ADMINISTRATION IS
11:05:16 SOMETHING TO WORK WITH US ON AND THEY ARE AMENABLE AND
11:05:18 WORKED WITH US TO GET TO WHERE WE ARE AT.
11:05:21 A COUPLE OF THINGS I WANT TO SAY ABOUT THIS ORDINANCE
11:05:21 TODAY.
11:05:24 WE HEARD A LOT OF PEOPLE IN THE LABOR COMMUNITY.
11:05:26 OUR FRIEND, MR. KONA.
11:05:28 A COUPLE OF THINGS TO ESTABLISH WHICH IS SO IMPORTANT
11:05:33 AND WHICH IS, NUMBER ONE, NOBODY AT THE TABLE IS
11:05:34 AGAINST APPRENTICESHIP.
11:05:36 MOB AT THE TABLE IS AGAINST APPRENTICESHIP.
11:05:40 AGAINST ASSOCIATED BUILDERS HAVING GRADUATION IN MAY
11:05:43 FOR 70 FOLKS GOING OUT IN THE COMMUNITY UNDER
11:05:44 APPRENTICESHIPS.
11:05:47 NOBODY IS AGAINST APPRENTICESHIPS.
11:05:49 WHAT WE ARE TALKING ABOUT HAVING A PROPER MEANS TO THE
11:05:52 END OF PUSHING FOR AND SUPPORTING SOMETHING THAT I
11:05:55 THINK IS SO CRITICAL HERE IN THE CITY OF TAMPA.
11:05:58 AND WE HAVE DONE IT IN A WAY THAT IS VERY
11:05:58 COLLABORATIVE.
11:06:01 WE TALKED ABOUT THIS IS AN ORDINANCE THAT COMES THROUGH
11:06:05 A VERY, VERY LONG COLLABORATIVE PROCESS.
11:06:07 COUNCILMAN CARLSON TALKED OF THE TREE ORDINANCE THE OLD
11:06:15 CITY COUNCIL, PAST CITY COUNCIL PASSED AFTER A COUPLE
11:06:17 OF YEARS AND NEGOTIATIONS AND WHAT NOT.
11:06:20 AND SOMETHING WE WERE TALKING ABOUT NEEDING IN JANUARY
11:06:22 OF 2020 OR SO.
11:06:24 A YEAR AGO WHERE WE STARTED MEETING ON THIS IDEA AND WE
11:06:28 STARTED MEETING WITH ALL THE STAKEHOLDERS.
11:06:31 ASSOCIATED CONTRACTORS IN THE CONTRACTING COMMUNITY AND
11:06:35 THAT MEANS ORGANIZED LABOR AND INDIVIDUALS FROM
11:06:38 FAITH-BASE INSTITUTION.
11:06:42 PROVIDERS OF APPRENTICESHIPS LIKE THE CDC WE MET WITH,
11:06:44 DIFFERENT ACTIVIST GROUPS AND DIFFERENT COMMUNITY
11:06:48 GROUPS THAT WERE STAKEHOLDERS IN THIS APPRENTICESHIP
11:06:49 IDEA.
11:06:53 WE TALKED TO A LOT OF FOLKS AND ULTIMATELY, THIS IS AN
11:06:55 ORDINANCE THAT ACHIEVES WHAT I THINK -- AS I WILL TALK
11:07:01 ABOUT, A VERY COMPASSIONATE AND VERY PROGRESSIVE END, A
11:07:06 VERY PRO-JUSTICE END AND THROUGH MEANS THAT ARE VERY
11:07:09 MEANINGFUL AND VERY CENTRIST PART OF A COLLABORATIVE
11:07:11 PROCESS.
11:07:14 THAT COLLABORATIVE PROCESS THAT WE ENGAGE IN LIKE I
11:07:19 SAID BEFORE THAT I DIDN'T DO IT SO NOBODY WOULD OBJECT
11:07:21 TO THE FINAL PRODUCT.
11:07:23 I WAS HOPING THAT NO ONE WOULD OBJECT TO THE FINAL
11:07:26 PRODUCT AND WE HAVE RESPECTFUL DISAGREEMENTS ON THE
11:07:27 ISSUE.
11:07:29 I THINK ENDS WE ALL AGREE WITH.
11:07:31 I THINK EVERYBODY AGREES WITH IT.
11:07:33 I DON'T THINK ANYBODY WILL HAVE A DISPUTE IN THAT
11:07:37 REGARD, BUT ULTIMATELY WE DID IT SO EVERYBODY COULD
11:07:42 HAVE A VOICE AT THE TABLE AND EVERYBODY MAKE SURE THEY
11:07:44 HAVE THEIR VOICE HEARD.
11:07:46 ONE OF THE THINGS I STARTED OFF DOING ST. PETE
11:07:49 ORDINANCE HAD A -- HAD A DISADVANTAGED WORKER
11:07:50 PROVISION.
11:07:54 I SAID WE ARE TAKING THIS OFF THE TABLE FOR PURPOSES OF
11:07:55 DISCUSSION.
11:07:58 AGAIN, COMING AT IT FROM A COLLABORATIVE PERSPECTIVE.
11:08:01 ULTIMATELY WE CHOSE INSTEAD OF THE 15% MARK THAT WE SEE
11:08:05 IN OTHER AREAS LIKE ST. PETERSBURG, WE CHOSE TO GO AT
11:08:06 12% AND WHAT NOT.
11:08:11 THIS IS AN ORDINANCE AS WELL DOES NOT BITE OFF MORE
11:08:14 THAN IT CAN CHEW AS MISS ZELMAN INDICATED.
11:08:17 HORIZONTAL CONSTRUCTION AND VERTICAL CONSTRUCTION.
11:08:20 WE ARE BEGINNING WITH VERTICAL CONSTRUCTION.
11:08:22 AFTER ONE YEAR AFTER, WE WILL GO TO HORIZONTAL
11:08:23 CONSTRUCTION.
11:08:24 WHY?
11:08:30 BECAUSE WE WANT TO DO IT RIGHT AND DO THIS THING ONE
11:08:34 PIECE OF A TIME SO IMPLEMENT IT PROPERLY AND TO ENGAGE
11:08:36 WITH THE CONTRACT AND THE COMMUNITY AND DO THIS RIGHT
11:08:40 AND ALSO SO WE CAN LEARN FROM MANY MISTAKES THAT WE GO
11:08:41 ALONG THE PROCESS.
11:08:44 THIS WILL COME BACK TO CITY COUNCIL TWICE WITHIN THE
11:08:50 NEXT YEAR AND ONCE A YEAR AFTER THAT TO LOOK AT
11:08:51 DIFFERENT BENCHMARKS WE HAVE.
11:08:54 AN ORDINANCE THAT RESPECTS THE ROLE THAT BUSINESSES AND
11:08:58 SMALL BUSINESSES PLAY IN OUR CITY.
11:08:59 THIS IS A MANDATE.
11:09:01 SOMETHING THAT SAYS IF YOU CAN CONTRACT IN A CERTAIN
11:09:05 LEVEL UNDER THESE PROVISIONS, SOMETHING LIKE TO YOU
11:09:07 MEET AND APPLY SOMETHING THAT IS OFTEN MISSING FROM
11:09:11 GOVERNMENT REGULATIONS WHICH IS COMMON SENSE, WHICH IS
11:09:12 FLEXIBILITY.
11:09:15 WE HAVE A GOOD FAITH COMPLIANCE PROVISION THAT IS --
11:09:18 THAT IS VERY RECEPTIVE, I THINK, TO THE NEEDS OF
11:09:19 BUSINESSES.
11:09:22 ALSO PUT ANOTHER PROVISION UNDER THE DEFINITION OF
11:09:25 "GOOD FAITH COMPLIANCE" THAT WILL TAKE INTO PLACE THE
11:09:28 SIZE OF THE FIRM SO OUR SMALL BUSINESSES WON'T FEEL
11:09:30 LIKE THEY ARE PENALIZED IN THAT REGARD.
11:09:32 I HEARD A LOT OF COMPLAINTS FROM THE CONTRACTING
11:09:36 COMMUNITY SAYING THAT WE ARE DOING A MANDATE WITHOUT
11:09:39 SKIN IN THE GAME AND GUESS WHAT.
11:09:42 WHEN SOMEBODY GIVES YOU A CRITICISM, YOU CAN GO THERE
11:09:48 IS SOME TRUTH TO THAT AND CAME UP WITH THE IDEA OF
11:09:52 HAVING MANDATE WITH SOME OF THAT RETAINAGE BACK.
11:09:54 2% OF 5% IS 40%.
11:09:58 I WOULD LIKE TO SEE THAT AT 1.25% OR SOMETHING LIKE
11:10:02 THAT AND I WILL TALK A LITTLE BIT ABOUT THAT AT THE END
11:10:03 AND SOMETHING THAT IS THERE.
11:10:06 NOT A ONEROUS MANDATE.
11:10:09 THERE ARE EXCEPTIONS AND PROVISIONS THAT ARE TAKEN INTO
11:10:15 ACCOUNT, THE EVERYDAY STRUGGLES OF THE BUSINESS PERSON
11:10:21 SOMETHING THAT IS NARROWLY TAILORED AND APPRENTICESHIP.
11:10:23 HOW DO WE GET THERE.
11:10:25 SOME PEOPLE HAVE TALKED ABOUT THE PALM BEACH MODEL
11:10:29 WHICH IS MORE GIVE FOLKS THE RETAINAGE BACK EARLY AS
11:10:31 THE INCENTIVE.
11:10:38 I THINK THAT HAS SHOWN RESPECTFULLY NOT TO WORK IN PALM
11:10:39 BEACH.
11:10:41 AND WE TALKED ABOUT THAT YESTERDAY, AND I WILL BE
11:10:44 TALKING ABOUT THAT AS WELL AND MY FRIEND WHO IS DOING A
11:10:48 GREAT JOB FOR HER DISTRICT GWEN MYERS AND THE COUNTY
11:10:53 COMMISSION PUT UP A PROGRAM FOR APPRENTICESHIP IN
11:10:54 HILLSBOROUGH COUNTY.
11:10:56 I HAVE BEEN WORKING WITH FOR HER AND WANT THE CITY OF
11:10:59 TAMPA TO PARTNER WITH THAT.
11:11:01 AGAIN, LIKE WE TALKED ABOUT WITH THE SIDEWALKS, WE HAVE
11:11:10 TO HAVE EVERY TOOL IN THE TOOL BOX WHENEVER WE HAVE
11:11:11 THIS ISSUE.
11:11:14 AND AS FAR AS THE REPORTING PROCESS FOR THIS.
11:11:16 WE WILL BE TALKING ABOUT IN CITY COMPANY THE WORK THAT
11:11:20 WE AND CITY COUNCIL DO IN PARTNERING WITH ORGANIZES
11:11:25 SUCH AS THE CDC, SUCH AS ABC AND LABOR ORGANIZATIONS IN
11:11:27 PROMOTING THIS PROGRAM.
11:11:30 WE WILL TALK WHAT PARTS OF THE CITY GET THE BENEFIT OF
11:11:31 THIS.
11:11:34 WE WILL BE TALKING ABOUT THE DIVERSITY OF THIS
11:11:37 ORDINANCE AND REACHES OUT TO COMMUNITIES THAT HAVE BEEN
11:11:41 FAR TOO IGNORED FOR FAR TOO LONG.
11:11:45 AS I TALKED ABOUT BEFORE WITH REGARDS TO THE ORDINANCE
11:11:47 THE IDEAS THAT IT PROMOTES.
11:11:50 THE IDEAS AS I TALKED ABOUT MANY, MANY TIMES TALKED OF
11:11:55 THE BEST AND THE BRIGHTEST KEEPING IT IN TAMPA.
11:11:57 COMING WITH THE CITY OF TAMPA AND TALKING ABOUT
11:12:03 SOMEBODY GRADUATING FROM UF OR EMORY OR WHATEVER TO
11:12:07 COME HERE IN TAMPA TO BUY THAT HALF A MILLION CONDO TO
11:12:09 BUY THE VOLVO AND DO THAT.
11:12:12 BUT BEST AND THE BRIGHTEST INCLUDE SOMEBODY WHO IS A
11:12:13 WELDER.
11:12:16 IT INCLUDES SOMEBODY WHO A ELECTRICIAN.
11:12:21 IT INCLUDES SOMEBODY WHO IS A PIPE FITTER AND SOMEBODY
11:12:25 WHO LIVES IN THE SULPHUR SPRINGS AREA AND WANT A BETTER
11:12:26 LIFE.
11:12:30 AND A SINGLE PARENT A MOM AND DAD LOOK AT THE FUTURE I
11:12:35 WANT TO DO MORE THAN EARN, $9 TO $10 AN HOUR.
11:12:39 THE VETERAN COMING BACK FROM IRAQ OR AFGHANISTAN WITH
11:12:45 NOTHING BUT THE THEIR PTSD AND HIGH SCHOOL DEGREE.
11:12:47 MY FRIEND ZACK HOLLAND SPEAK.
11:12:50 ZACK IS JUST A REALLY NICE GENTLEMAN.
11:12:53 HE TALKED A LITTLE BIT ABOUT HIS BACKGROUND AND WHAT
11:12:55 THE APPRENTICESHIP PROGRAM MEANT TO HIM.
11:12:57 COMING FROM A DISADVANTAGED BACKGROUND.
11:13:00 COMING TO THE BACKGROUND HE GOT IN HIS PUBLIC REMARKS
11:13:03 WITH SOME FAMILY STRUGGLES AND WHAT NOT WHERE HE WAS
11:13:07 VERY HE MUCH SO IN POVERTY AND DISADVANTAGED GROWING UP
11:13:11 AND THE STATE'S APPRENTICESHIP PROGRAM WAS THERE TO
11:13:11 HELP ZACK.
11:13:12 TODAY ZACK IS MARRIED.
11:13:14 HE HAS GOT KIDS.
11:13:15 HE IS A FAMILY MAN.
11:13:19 AND HE IS, YOU KNOW, TAKING THAT PATHWAY TO THE MIDDLE
11:13:22 CLASS TO GET TO THE MIDDLE CLASS FOR ECONOMIC DIGNITY
11:13:28 FOR HIM AND HIS FAMILY AND THAT IS WHAT THE PROGRAM IS
11:13:29 IF HIM IN THE END.
11:13:31 THIS IS TO SUPPORT APPRENTICESHIP.
11:13:35 WE ARE CERTAINLY NOT DONE WITH THIS.
11:13:37 WE WILL SEE THE CITY AS I WILL TALK ABOUT IN A LITTLE
11:13:39 BIT WHAT THE COUNTY DOES.
11:13:41 I WAS SIGNED UP AT PUBLIC COMMENT TO SUPPORT
11:13:45 COMMISSIONER MEYER IN HER EFFORTS AND MY TIME,
11:13:48 UNFORTUNATELY, ENDED AND I HAD TO LEAVE EARLY, BUT I
11:13:51 WILL BRING THAT BACK IN A COUPLE OF WEEKS TO HAVE THE
11:13:56 CITY PROSPECTIVELY PARTNER WITH THE COUNTY ON THE AGE
11:13:59 PROGRAM WHICH IS MARVELOUS AND THE HORIZONTAL, I WOULD
11:14:03 LIKE TO SEE US COME BACK MAYBE IN NINE MONTHS -- I WILL
11:14:06 TALK ABOUT THAT IN A LITTLE BIT WHENEVER I STOP TALKING
11:14:07 --
11:14:08 >>GUIDO MANISCALCO: OKAY.
11:14:11 >>LUIS VIERA: SELF-DEPRECATING HUMOR.
11:14:14 TO UPDATE ON THE HORIZONTAL.
11:14:18 AND AGAIN THIS -- THAT WAS DONE AS PART OF THE
11:14:21 COLLABORATIVE PROCESS AND EVEN THOUGH WE DISAGREE ON
11:14:24 THE MEANS TO THE ENDS, I THINK ALL OF THE PEOPLE THAT
11:14:27 SPOKEN ON THE APPRENTICESHIP PROGRAM BELIEVE IN THE
11:14:30 IDEA OF STATE-CERTIFIED APPRENTICESHIP AND PROVIDING
11:14:35 PEOPLE WITH A PATHWAY TO THE MIDDLE CLASS AND IT IS HOW
11:14:39 WE GET THERE AND I KNOW WE ARE GOING TO GET THERE.
11:14:39 THANK YOU VERY MUCH.
11:14:42 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, I SAW YOUR
11:14:45 HAND AND COUNCILMAN CITRO AFTER.
11:14:46 THANK YOU, SIR.
11:14:49 COUNCILMAN DINGFELDER.
11:14:51 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
11:14:55 MR. BAIRD, FIRST ON BEHALF OF ALL COUNCIL, I WANT TO
11:14:58 THANK YOU FOR ALL THE HARD WORK YOU ARE PUTTING INTO
11:14:59 THIS.
11:15:05 AND SECONDLY, THANK FOR THE TRADES FOLKS WE HAVE BEEN
11:15:07 HEARING ON CONSISTENTLY WITH THIS AND WORKING CLOSELY
11:15:08 WITH US.
11:15:13 FINALLY, I WANT TO THANK STAFF, INCLUDING MISS ZELMAN,
11:15:17 MR. BAIRD, MISS WILKES AND EVERYBODY ELSE WORKING ON
11:15:18 THIS.
11:15:20 I KNOW IT HAS BEEN A LONG -- A LONG HAUL TO GET TO
11:15:21 WHERE WE ARE TODAY.
11:15:25 BUT I THINK -- I THINK WE ARE AT A GOOD PLACE.
11:15:36 LUIS WHAT YOU SAID, THE MAYOR IS THE POPE AND THE
11:15:40 BISHOP AND MAYBE WE ARE THE ALTAR BOY.
11:15:42 MAYBE LOWER IN THE CATHOLIC CHURCH.
11:15:46 BRAD WILL HAVE TO HELP ME OUT ON THAT.
11:15:48 BUT TO SAY THANK YOU.
11:15:52 PUTTING IN THE HORIZONTAL ISSUE IS VERY IMPORTANT AND
11:15:54 THANK YOU, ANDREA FOR DOING THAT.
11:15:56 IT IS REALLY IMPORTANT BECAUSE YOU LOOK AT WHAT WE ARE
11:16:00 GOING TO BE SPENDING MONEY ON OVER THE NEXT FIVE TO TEN
11:16:05 YEARS IS HORIZONTAL BECAUSE OF PIPES, YOU KNOW.
11:16:08 UNPRECEDENTED THAT THIS CITY IS GOING TO BE SPENDING
11:16:20 BILLIONS -- BILLIONS WITH A "B" OF DOLLARS OF
11:16:26 HORIZONTAL IMPROVEMENTS AND TO MOVE FORWARD ON THIS
11:16:28 WHICH INCLUDES MILLIONS OF DOLLARS HOPEFULLY IN THE
11:16:31 NEXT YEAR WE WILL BE ADDING THE HORIZONTAL COMPONENT
11:16:34 THAT INVOLVES BILLIONS OF DOLLARS.
11:16:39 ONE LAST THING THAT LUIS SAID, THIS IS NOT A MANDATE
11:16:42 TELLING THE PRIVATE SECTOR WHAT THEY HAVE TO DO.
11:16:48 WE ARE NOT TELLING, YOU KNOW THE DEVELOPER THAT'S THEY
11:16:51 HAVE TO HAVE APPRENTICES WHEN BUILDING PRIVATE
11:16:51 BUILDINGS.
11:16:54 EVERYBODY NEEDS TO MAKE SURE THAT IS ABUNDANTLY CLEAR.
11:16:57 THIS IS ONLY ABOUT PUBLIC PROJECTS.
11:17:00 AND CITY PROJECTS.
11:17:08 AND SOMETIMES, WE PUT POLICIES AND IMPROVEMENTS IN OUR
11:17:12 PROGRAMS TO HELP FOSTER CHANGE IN OUR COMMUNITY.
11:17:15 HOPEFULLY WE DO THAT A LOT AND THAT IS WHAT THIS
11:17:16 ORDINANCE DOES.
11:17:18 THANK YOU, AGAIN.
11:17:20 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:17:22 WE WILL TAKE A FIVE-MINUTE BREAK.
11:17:27 IS THAT ALL RIGHT, SIR?
11:17:30 >>JOSEPH CITRO: READING OF THIS ORDINANCE.
11:17:33 >>GUIDO MANISCALCO: THEN WE WILL TECH A BREAK.
11:17:34 COUNCILMAN VIERA IF YOU WANT TO READ IT.
11:17:37 >>LUIS VIERA: CAN I SPEAK FOR ANOTHER 20 MINUTES?
11:17:38 I AM JOKING.
11:17:41 >>GUIDO MANISCALCO: NO.
11:17:41 [LAUGHTER]
11:17:44 >>LUIS VIERA: I -- AND THANK YOU, MR. CHAIR.
11:17:47 I MOVE AN ORDINANCE BEING PRESENTED FOR FIRST READING
11:17:50 CONSIDERATION AN ORDINANCE OF THE CITY OF TAMPA,
11:17:53 FLORIDA, AMENDING CITY OF TAMPA CODE OF ORDINANCES
11:17:59 CHAPTER 26.5 TO ADD ARM IV, APPRENTICE REQUIREMENTS IN
11:18:04 CITY CONSTRUCTION CONTRACTS SECTION 26.5-211 THROUGH
11:18:07 26.5-215 TO ESTABLISH REQUIREMENTS PERTAINING TO THE
11:18:10 USE OF APPRENTICE LABOR IN CERTAIN CITY OF TAMPA
11:18:14 CONSTRUCTION TO INCLUDE -- STRIKE THAT, PROVIDING
11:18:21 DOCUMENTATION OF NONCOMPLIANCE, IMPLEMENTATION AND
11:18:25 EXAMINATION OF POTENTIAL EXPANSION OF SCOPE, REPEALING
11:18:30 ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
11:18:36 PROVIDING SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
11:18:36 >>JOSEPH CITRO: SECOND.
11:18:38 >>LUIS VIERA: YES.
11:18:40 >>CLERK: GUDES.
11:18:41 >>JOHN DINGFELDER: YES.
11:18:43 >>GUIDO MANISCALCO: YES.
11:18:45 >>BILL CARLSON: YES.
11:18:46 >>JOSEPH CITRO: YES.
11:18:47 >>CHARLIE MIRANDA: YES.
11:18:52 >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCILMAN
11:18:54 GUDES BEING ABSENT.
11:18:57 >>GUIDO MANISCALCO: COUNCILMAN VIERA BEFORE WE GO TO
11:18:58 BREAK.
11:19:00 >>LUIS VIERA: A QUICK MOTION THAT STAFF COME BACK US
11:19:01 TO IN NINE MONTHS.
11:19:07 WE COME BACK TO THE DATE LATER TO REPORT ON THE -- ON
11:19:09 THE STATUS OF HORIZONTAL.
11:19:10 LET'S DO SIX MONTHS.
11:19:13 TO REPORT ON THE STATUS --
11:19:14 >>GUIDO MANISCALCO: SIX MONTHS.
11:19:19 THE SUBSTITUTE MOTION THAT YOU MOVED JUST FOR CLARITY?
11:19:21 >>LUIS VIERA: YES, APPARENTLY.
11:19:27 >>CLERK: SECOND MOTION TO BE MARCH 18 AT 9:30 A.M.
11:19:30 >>ANDREA ZELMAN: NOTE THAT THE ORDINANCE ITSELF
11:19:33 INCLUDES THE SIX-MONTH REPORTING.
11:19:36 >>LUIS VIERA: YOU WERE KIND ENOUGH TO PUT THAT IN THEN
11:19:37 DISREGARD.
11:19:40 AND ONE THING I WILL ASK -- I WANT TO EMPHASIZE FROM A
11:19:44 PLEASURE TO WORK WITH ANDREA AND BRAD AND EVERYONE IN
11:19:46 THE ADMINISTRATION ON THIS.
11:19:49 THE RETAINAGE ISSUE.
11:19:51 WE I BROUGHT THAT UP INITIALLY BECAUSE WE WANT TO MAKE
11:19:54 SURE WE WORK ON THE CONTRACT COMMITTEE WITH THIS.
11:19:56 1% WHICH IS 20% AND THAT IS A LOT.
11:20:00 I WANT A MOTION REQUESTING TO REQUIRE WITHIN FIRST AND
11:20:04 SECOND READING PREFER 100% TO BRAD THAT HAS BEEN A
11:20:07 PLEASURE -- A STANDARD OF EXCELLENCE AND
11:20:10 PROFESSIONALISM TO WORK WITH THAT THEY WOULD CONSIDER
11:20:13 DOING IT UP TO 1.5%.
11:20:16 AGAIN, NOT -- THIS IS NOT CONTINGENT ON ANYTHING.
11:20:22 MERELY A CONSIDERATION FOR YOU TO INQUIRE AND COME BACK
11:20:23 AND SAY VIERA, WE CAN'T DO IT.
11:20:25 I WILL GO ALONG.
11:20:27 I WANTED TO MAKE THAT REQUEST OPINION WE DON'T NEED TO
11:20:28 MAKE IT AS A MOTION.
11:20:29 JUST TO SAVE TIME.
11:20:33 MAKE THAT REQUEST AND INQUIRE ON THAT BETWEEN FIRST AND
11:20:35 SECOND READING AND GET WITH ME ON THAT.
11:20:38 1.25, 1.5, WHATEVER IT IS.
11:20:41 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:20:41 MR. SHELBY.
11:20:44 >>MARTIN SHELBY: YES, THANK YOU, MR. CHAIRMAN.
11:20:50 COUNCIL, I HAVE HEARD FROM COUNCILMAN GUDES, AND HE
11:20:53 ASKED ME TO RELAY TO YOU THAT HE IS IN SUPPORT OF THIS
11:20:54 PROPOSAL.
11:20:58 AND IN HIS ABSENCE, HE WANTED ME TO BE ABLE TO SHARE
11:20:59 THAT.
11:21:00 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:21:01 >>LUIS VIERA: THAT'S IT.
11:21:04 I WILL NOT MAKE IT IN THE FORM OF A MOTION AND REQUEST
11:21:08 MR. BAIRD, IF YOU CAN INQUIRE INTO THAT.
11:21:12 IF YOU CAN REPORT TO US IN A MEMO BY THE TIME SECOND
11:21:13 READING COMES, THAT'S COOL.
11:21:14 THANK YOU.
11:21:17 AND THANK YOU AGAIN EVERYBODY FOR ALL YOUR HARD WORK ON
11:21:17 THIS.
11:21:19 I REALLY, REALLY APPRECIATE IT.
11:21:20 MUCH APPRECIATED.
11:21:23 >>GUIDO MANISCALCO: FIVE-MINUTE RECESS.
11:21:24 WE ARE IN RECESS, AND I WOULD LIKE TO GET THIS AGENDA
11:21:27 -- THE EARLY STUFF DONE BY 12.
11:21:29 SO WHEN WE COME BACK FOR THE 1:30 HEARINGS.
11:21:35 WE WILL BE GOOD TO GO.
11:31:41 [ROLL CALL TAKEN]
11:31:43 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:31:48 WE HAVE A FULL-TIME QUORUM AND MORE ON TO ITEM NUMBER
11:31:50 7.
11:31:52 >>ABBYE FEELEY: GOOD MORNING, COUNCIL.
11:31:56 ABBYE FEELEY, DEVELOPER OF GROWTH MANAGEMENT.
11:32:05 THIS MORNING IS A PROJECT INITIATED TEXT AMENDMENT
11:32:10 CONTINUED FROM FEBRUARY 4 AND I WOULD LIKE TO DO THE
11:32:11 PRESENTATION.
11:32:12 >>BILL CARLSON: MR. CHAIRMAN.
11:32:17 >>GUIDO MANISCALCO: COUNCILMAN CARLSON.
11:32:19 >>BILL CARLSON: TWO WEEKS AGO IN AN ABUNDANCE OF
11:32:23 CAUTION I RECUSE MYSELF AND SINCE SPOKEN TO MARTY, AND
11:32:25 HE SAYS I DON'T HAVE A CONFLICT.
11:32:29 DO YOU WANT TO SAY ANYTHING ELSE ABOUT IT MARTY.
11:32:32 >>MARTIN SHELBY: NO, JUST TO REITERATE WHAT YOU SAID.
11:32:37 AFTER A MORE THOROUGH REVIEW AND OF THE FACT OF 12.143
11:32:40 OF FLORIDA STATUTES THAT YOU HAVE NO CONFLICT OF
11:32:43 INTEREST IN THIS MATTER.
11:32:45 >>BILL CARLSON: I HAVE READ THE FILES AND I AM
11:32:46 PREPARED TO WORK ON THIS.
11:32:48 THANK YOU.
11:32:52 >>GUIDO MANISCALCO: GO AHEAD, MISS FEELEY.
11:33:01 >>ABBY FEELEY: A PRIVATELY INITIATED TEXT AMENDMENT.
11:33:02 THE NEXT SLIDE PLEASE.
11:33:06 MAY HAVE BEEN CONFUSION THE LAST TIME AND I HOPE THAT
11:33:08 THE CLARIFICATION ALSO ASSIST THIS MORNING.
11:33:11 THEY CAME UNDER THE JULY 2020 AMENDMENT CYCLE.
11:33:15 THE APPLICANT IS TYLER HUDSON.
11:33:19 AND THE REQUEST IS TO MAKE A MODIFICATION TO THE PLAN
11:33:24 DEVELOPMENT ALTERNATIVE ZONING CRITERIA.
11:33:28 NEXT SLIDE, PLEASE.
11:33:31 THE REQUEST CAME IN FROM THE APPLICANT TO REDUCE THE
11:33:36 REQUIRED MINIMUM ACREAGE FOR A PD PLANNED DEVELOPMENT
11:33:39 ALTERNATIVE REZONING APPLICATION FROM 50 ACRES TO 40
11:33:41 ACRES.
11:33:45 THIS WOULD ALSO REMOVE THE FIVE-YEAR TIME FRAME FOR
11:33:49 PHASED OR INCREMENTAL DEVELOPMENT AND AS A REQUIREMENT
11:33:52 RELATED TO PUBLIC NOTICE.
11:33:56 THAT IS HOW THE INITIAL APPLICATION CAME THAT AND IT
11:33:58 WAS REVIEWED BY STAFF AND VETTED, AS WELL AS THERE WAS
11:34:04 PUBLIC INFORMATION BY THE CITY.
11:34:06 NEXT SLIDE, PLEASE.
11:34:09 THERE WERE A COUPLE OF MODIFICATIONS THAT STAFF
11:34:09 REQUESTED.
11:34:14 ONE WAS TO CORRECT OUR DEPARTMENT'S NAME THAT THIS
11:34:17 SECTION OF THE CODE HAS NOT BEEN TOUCHED FOR A WHILE
11:34:19 REFLECTED AN OLD NAME.
11:34:22 WE WANTED TO UPDATE THAT TO REMOVE THE REQUIREMENT TO
11:34:28 SUBMIT HARD COPIES AS WE TAKE ELECTRIC -- ELECTRIC --
11:34:32 ELECTRONIC COPIES NOW AND ADD "APPLICANT" TO THE
11:34:37 LANGUAGE TO HAVE CLARIFICATION AND CONSISTENCY.
11:34:40 THOSE ARE CLEANUP ITEMS.
11:34:41 NEXT SLIDE, PLEASE.
11:34:45 FURTHERMORE IN REVIEWING WHAT HAD COME IN, WE SUGGESTED
11:34:50 REDUCING THE MINIMUM ACREAGE TO A 20-ACRE MINIMUM FOR
11:34:51 THESE TYPE OF APPLICATIONS.
11:34:55 THIS, REMEMBER, IS JUST CHANGING THE CRITERIA WHEN
11:34:59 SOMEONE APPLIES TO ONE OF THESE TYPES OF APPLICATIONS.
11:35:02 ALSO, THE REQUIREMENT OF PUBLIC NOTICE AT EACH
11:35:06 INCREMENTAL SITE PLAN.
11:35:12 TYPICALLY PUBLIC NOTICE IS CONDUCTED AT THE TIME TWO
11:35:16 PUBLIC HEARINGS AND THAT ESTABLISHES THE CONDITION OF
11:35:19 THE ZONING, ALLOWING FOR ADDITIONAL PUBLIC NOTICE ON A
11:35:27 PROCESS THAT REALLY IS AN ADMINISTRATIVE PROCESS AND IS
11:35:29 CHECKED AGAINST THE STANDARD CONDITIONS WITH
11:35:32 INTRODUCING SOMETHING THAT REALLY WASN'T A WAY WE
11:35:38 CURRENTLY OPERATE AND WEREN'T REALLY CLEAR WHAT THE
11:35:40 POTENTIAL OF THAT NOTICE WOULD HAVE AND WE ASKED THAT
11:35:42 THAT ELEMENT BE REMOVED.
11:35:49 NEXT SLIDE, PLEASE.
11:35:54 FOR YOUR CONSIDERATION, A PRIVATELY INITIATED TEXT
11:35:58 AMENDMENT FOR MINIMUM REQUIREMENTS FOR A PBA-TYPE
11:35:58 ZONING.
11:36:03 IF THIS WAS APPROVED, AMENDMENTS.
11:36:06 APPLICATIONS -- THEY WILL APPLY FOR ALL APPLICATIONS
11:36:06 COMING FORWARD.
11:36:11 IF SOMEONE CAME IN FOR A PDA HERE IN THE NEXT SIX TO
11:36:14 EIGHT MONTHS, INSTEAD OF BEING REQUIRED TO HAVE 50
11:36:17 ACRES FOR THAT TYPE OF APPLICATION, THEY WOULD NOW BE
11:36:21 REQUIRED TO HAVE A MINIMUM OF 20 ACRES FOR THAT TYPE OF
11:36:22 APPLICATION.
11:36:28 THIS IS SIMILAR TO YOUR PD ZONING APPLICATIONS THAT
11:36:31 HAVE NO ACREAGE ASSOCIATED WITH THEM EXCEPT THAT UNLESS
11:36:35 YOU HAVE 50, YOU CAN'T PROCESS AS A PDA.
11:36:39 AND YOU STILL HAVE SITE PLANS THAT ARE SUBMITTED WITH
11:36:40 THE PDA.
11:36:44 YOU HAVE TWO PUBLICLY NOTICED HEARINGS, AND IT DOES
11:36:46 REQUIRE CITY COUNCIL APPROVAL.
11:36:49 SO THIS IS NOT A DISTRICT THAT WOULD BE ASSIGNED TO
11:36:50 ANYONE FROM THE CITY.
11:36:54 THIS IS A DISTRICT THAT PEOPLE WOULD HAVE TO APPLY FOR.
11:36:57 NEXT SLIDE, PLEASE.
11:37:01 I JUST COVERED SOME OF THIS AND QUICKLY GO THROUGH
11:37:01 THIS.
11:37:03 WHAT IS A PDA?
11:37:05 A PLANNED DEVELOPMENT ALTERNATIVE.
11:37:08 TYPICALLY USED FOR LARGER SCALE PROJECTS WHERE YOU HAVE
11:37:10 LARGER BLACK TYPES.
11:37:13 I WILL SHOW YOU A PICTURE OF ONE OF THEM.
11:37:14 YOU WILL BE FAMILIAR WITH.
11:37:19 AND IT ESTABLISHES A BASELINE SET OF ENTITLEMENTS AND
11:37:23 DEVELOPMENT CONDITIONS AND THOSE ENTITLEMENTS AND
11:37:28 CONDITIONS ARE EFFECTUATED THROUGH THE INCREMENTAL SITE
11:37:31 PLAN PROCESS THAT COMES IN AS EACH INCREMENT GETS
11:37:32 DEVELOPED.
11:37:44 NEXT SLIDE, PLEASE HERE IS AN EXAMPLE, DONE IN 1998.
11:37:48 THE EXAMPLE OF A PDA.
11:37:53 IN 1998 NO LIMIT ON THE PDA.
11:37:56 THIS WAS CHANNELSIDE AND THE FLORIDA AQUARIUM AND
11:38:01 PARKMAN WHARF, WHAT IS TODAY PARKMAN WHARF.
11:38:07 THE PORT GARAGE THAT YOU ARE FAMILIAR WITH AND THE
11:38:08 PARKING LOT.
11:38:17 ALL OF THESE PIECES ARE THE PLANNED DEVELOPMENT
11:38:18 ALTERNATIVE.
11:38:22 WHEN SOMEBODY PULSE THE ALTERNATIVE THEY SHOW A
11:38:22 DETAILED SITE PLAN.
11:38:33 THE MODIFICATION TO SPARKMAN'S WHARF TO TEAR DOWN THE
11:38:37 BUILDING THAT NOW COMES IN TO US AND WE SHOW THEM THE
11:38:37 SITE PLANS.
11:38:46 WE CHECK IN AGAINST THE SITE PLAN IN THE PREVIOUS MAKE
11:38:49 SURE ALL CONDITIONS ARE MET AND NOT A SUBSTANTIAL
11:38:54 CHANGE.
11:38:55 NEXT SLIDE.
11:38:58 SHOWS YOU THE TWO PROCESSES OF THE PD AND THE PD A THAT
11:39:00 YOU ARE MOST FAMILIAR WITH THE PD.
11:39:03 DO YOU SOME LARGER SCALE PDS.
11:39:06 ONE WE HAVE DONE RECENTLY THAT WAS A HYBRID WAS
11:39:07 MIDTOWN.
11:39:10 THAT WAS A PD BECAUSE IT DID NOT QUALIFY FOR THE 50
11:39:16 ACRES, BUT IT HAD A VERY SIMILAR NATURE TO THE PDA AND
11:39:19 THE DESIGN BOOK THAT RAN WITH IT IN ORDER TO ENSURE
11:39:24 THAT AS THEY DEVELOPED EACH BLOCK, THEY CAME IN AND
11:39:28 THEY PULLED DETAILED SITE PLAN REVIEW AT THAT TIME SO
11:39:31 THAT WAS A HYBRID WE HAVE BEEN USING DUE TO THE FACT
11:39:36 THAT MANY OF OUR PARCELS DO NOT HAVE 50 ACRES.
11:39:42 NEXT SLIDE, PLEASE.
11:39:45 THIS JUST SHOWS IF THE CHANGE TOOK PLACE THAT THE PDA
11:39:51 WOULD NOW BE OPEN FOR APPLICATIONS AT A MINIMUM OF 20
11:39:52 ACRES.
11:39:55 ALL THIS DOES IS MAKE THAT MINIMUM CRITERIA FOR THAT
11:39:57 TYPE OF APPLICATION MODIFIED.
11:40:03 IT DOESN'T SPEAK TO ANY SPECIFIC PARCEL OF LAND AS EACH
11:40:12 PDA IS DONE INDEPENDENTLY AND IS A SITE PLAN CONTROLLED
11:40:17 ZONING AND NEEDS TO HAVE A SLIGHT MAN WITH IT AND DOES
11:40:22 NOT BE ADOPTED AND WILL BE AVAILABLE TO PROJECT THAT
11:40:25 ARE NEW APPLICATIONS COMING BEFORE CITY COUNCIL.
11:40:26 NEXT SLIDE, PLEASE.
11:40:34 THIS WAS ROUTED OUT TO OUR DEPARTMENTS AND NO
11:40:35 OBJECTIONS.
11:40:40 SUPPORT REQUEST AND MAINTAIN COUNCIL AND STAFF'S
11:40:40 VIEWPOINTS.
11:40:45 IT STREAMLINES THE PROCESS FOR PROJECT DESIGN CHANGES
11:40:48 AND ALLOWS INCREASED FLEXIBILITY IN DEVELOPING LARGER
11:40:50 PARCELS THROUGHOUT THE CITY.
11:40:57 NEXT SLIDE, PLEASE.
11:41:00 THIS AMENDMENT DID GO TO THE PLANNING COMMISSION FOR A
11:41:02 BRIEFING AN JANUARY 14.
11:41:04 HAD A HEARING ON JANUARY 11.
11:41:11 CAME FOR A WORKSHOP FOR CITY DOWN JANUARY 28, 2021 AND
11:41:14 CAME FOR FIRST READING AT WHICH TIME THERE WERE
11:41:20 QUESTIONS RAISED AND THAT FIRST READING WAS CONTINUED
11:41:22 UNTIL TODAY FOR THIS PRESENTATION.
11:41:26 NEXT SLIDE, PLEASE.
11:41:28 THAT IS ALL I HAVE FOR YOU THIS MORNING.
11:41:33 I BELIEVE MR. HUDSON IS ON AS WELL IN RELATION TO THIS
11:41:35 PRIVATELY INITIATED AMENDMENT.
11:41:37 I AM AVAILABLE FOR ANY QUESTIONS.
11:41:38 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:41:41 MR. HUDSON, IF YOU WERE ON THE LINE, PLEASE TURN ON
11:41:43 YOUR CAMERA.
11:41:51 AND YOU HAVE THREE MINUTES.
11:41:54 >>CLERK: MR. CHAIR, I DO NOT SEE MR. HUDSON ON THE
11:41:55 LINE.
11:41:57 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA.
11:42:01 PLEASE UNMUTE YOURSELF, SIR.
11:42:04 >>CHARLIE MIRANDA: MR. CHAIRMAN, I BELIEVE THAT THIS
11:42:08 -- MY -- I HAVE NOT OBJECTED TO IT AND I WANTED MORE
11:42:09 INFORMATION.
11:42:12 I WAS THOROUGHLY SATISFIED WITH THE INFORMATION AND I
11:42:14 AM READY TO MOVE FORWARD.
11:42:19 I DON'T KNOW ABOUT THE OTHER COUNCILMEMBERS.
11:42:26 >>LUIS VIERA: I GOT WORD THAT MR. HUDSON IS ON.
11:42:28 >>GUIDO MANISCALCO: ANY OBJECTION TO THIS?
11:42:30 I KNOW, COUNCILMAN DINGFELDER.
11:42:34 >>MARTIN SHELBY: SORRY, MR. CHAIRMAN.
11:42:37 IS MR. HUDSON, MADAM CLERK, IS ON THE LINE?
11:42:41 >>CLERK: HE LOGGED ON.
11:42:47 >>MARTIN SHELBY: IS HE ON TWO.
11:42:50 >>GUIDO MANISCALCO: SPEAK VIRTUALLY --
11:42:53 >>MARTIN SHELBY: HE IS TRYING TO COMMUNICATE AND I
11:42:53 DON'T.
11:42:55 >>LUIS VIERA: I DON'T KNOW IF I HAVE TO DISCLOSE THIS.
11:43:00 I AM ON WEB EX COMMUNICATING.
11:43:01 MERELY FOR --
11:43:06 >> WEB EX IS A DIFFERENT PLATFORM THAN GO TO SEMINAR --
11:43:08 OR GO TO MEETING?
11:43:09 >>LUIS VIERA: I DON'T KNOW.
11:43:11 I AM NOT SURE.
11:43:14 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
11:43:18 >>LUIS VIERA: HE IS ON GO TO MEETING.
11:43:22 >> THANK YOU, MR. CHAIRMAN, I AM SURE MR. HUDSON WILL
11:43:23 GET TO US SOON.
11:43:25 I DON'T HAVE ANY OBJECTION TO THIS.
11:43:27 I HAVE A FEW QUESTIONS.
11:43:28 MISS FEELEY.
11:43:34 I AM NOT SURE IF YOU -- IF YOU STATED -- IF YOU
11:43:36 EXPRESSLY STATED OR IMPLIED.
11:43:40 IT SEEMS TO ME THE ADMINISTRATION IS OKAY WITH THIS.
11:43:45 THAT THE ADMINISTRATION SUPPORTS THIS AS GOOD POLICY.
11:43:48 NUMBER ONE, IS THAT CORRECT?
11:43:53 AND NUMBER TWO, SORT OF IN A -- WELL, THAT'S FINE.
11:43:56 I WILL LEAVE NUMBER TWO FOR THE END OF THE MEETING.
11:44:01 GO AHEAD.
11:44:01 >> YES.
11:44:04 I THINK WHAT WE HAVE DONE OVER THE YEARS AND THIS EVEN
11:44:08 STARTED BACK WHEN I WAS PROCESSING REZONINGS,
11:44:10 SPECIFICALLY WITH THE ENCORE DEVELOPMENT.
11:44:13 ENCORE WAS 29 ACRES.
11:44:20 IT IS INCREDIBLY DIFFICULT TO BRING A PROJECT AT A PG
11:44:24 LEVEL TO YOU -- PD LEVEL FOR YOU FOR YOUR CONSIDERATION
11:44:29 WITH 29 -- EVEN MIDTOWN AT 18 ACRES, IT IS VERY
11:44:33 DIFFICULT TO TAKE 18 ACHES AND SITE PLAN CONTROL IT TO
11:44:36 THE DEGREE THAT THIS COUNCIL PREFERS TO SEE PLANNED
11:44:37 DEVELOPMENTS.
11:44:40 SO WHAT WE DID OVER THE YEARS AND IT STARTED WITH
11:44:49 ENCORE WAS WE MADE A BIT OF A HYBRID APPROACH USING
11:44:51 DESIGN AND PD WITH INCREMENTAL.
11:44:57 THIS WOULD ACTUALLY MEMORIALIZE KIND OF THAT APPROACH
11:44:59 WE HAVE BEEN USING TO BRING THIS LARGER SCALE PROJECTS
11:45:00 BEFORE YOU.
11:45:04 AND THE OTHER THING WITH THE PD HYBRID WAS, THE
11:45:07 POSSIBILITY AND A HIGHER PROBABILITY OF TRIGGERING
11:45:10 SUBSTANTIAL CHANGES ALL THE TIME DUE TO THE NATURE OF
11:45:17 THE DETAIL THAT HAD BEEN PROVIDED ON THOSE PLANS.
11:45:20 THING MAKES A MORE EFFICIENT AND EFFECTIVE PROCESS FOR
11:45:20 YOU.
11:45:27 WE HAVE NOT PROCESSED MANY OF THE HYBRIDS AND PDAS.
11:45:31 I THINK WE PROCESSED TWO IN THE LAST FEW YEARS.
11:45:34 I DON'T BELIEVE THIS WILL HAVE AN INFLUX OF
11:45:37 APPLICATIONS BUT A MORE EFFICIENT AND EFFECTIVE WAY FOR
11:45:43 THE DEVELOPMENT APPROVAL PROCESS THAT COMES BEFORE YOU.
11:45:44 >>GUIDO MANISCALCO: THANK YOU, THANK YOU.
11:45:45 MR. HUDSON.
11:45:48 >> TYLER HUDSON, 400 NORTH ASHLEY DRIVE.
11:45:51 APOLOGIES OF THE TECH PROBLEMS.
11:45:54 I HAVE A PRESENTATION BUT HEARING SOME OF THE COUNCIL'S
11:45:58 CONCERNS HAVE BEEN HANDLED AND IN THE INTEREST OF YOUR
11:46:02 TIME, I AM HAPPY TO ANY QUESTIONS BUT I DON'T NEED TO
11:46:04 MAKE A PRESENTATION AT THIS TIME.
11:46:06 I APPRECIATE YOUR CONSIDERATION.
11:46:09 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS IN WHO
11:46:10 WOULD LIKE TO READ THIS ORDINANCE.
11:46:13 GO AHEAD COUNCILMAN VIERA.
11:46:15 >>LUIS VIERA: THANK YOU, SIR.
11:46:17 I MOVE AN ORDINANCE BEING PRESENTED FOR FIRST READING
11:46:20 CONSIDERATION, AN ORDINANCE OF THE CITY OF TAMPA
11:46:23 RELATING TO THE PLANNED DEVELOPMENT ALTERNATIVE
11:46:26 DISTRICT MAKING REVISIONS TO CITY OF TAMPA CODE OF
11:46:29 ORDINANCES CHAPTER 27, ZONING AND LAND DEVELOPMENT
11:46:35 AMENDING SECTION 27-228 PDA, PLANNED DEVELOPMENT
11:46:38 ALTERNATIVE, REPEALING ALL ORDINANCES OR PARTS OF
11:46:42 ORDINANCE IN CONFLICT THEREWITH, PROVIDING FOR
11:46:46 SEVERABILITY, PROVIDING EFFECTIVE DATE.
11:46:48 >>JOSEPH CITRO: SECOND.
11:46:50 >>LUIS VIERA: YES.
11:46:52 >>CLERK: GUDES.
11:46:53 >>JOHN DINGFELDER: YES.
11:46:55 >>GUIDO MANISCALCO: YES.
11:46:56 >>BILL CARLSON: YES.
11:46:58 >>JOSEPH CITRO: YES.
11:47:00 >>CHARLIE MIRANDA: YES.
11:47:05 >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCILMAN
11:47:07 GUDES BEING ABSENT.
11:47:12 SECOND HEARING MARCH 18, 2021 AT 9:30 A.M.
11:47:13 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:47:27 ITEM NUMBER 8.
11:47:32 [INAUDIBLE]
11:47:38 >>ANDREA ZELMAN: ANDREA ZELMAN, DEPUTY CITY ATTORNEY.
11:47:43 MARCELLA HAMILTON TRANSMITTED THE ORDINANCE, AND SHE IS
11:47:44 OUT SICK.
11:47:47 JAN MCLEAN IS ON THE LINE IF YOU HAVE SPECIFIC
11:47:48 QUESTIONS.
11:47:50 I WILL REMIND YOU VERY STRAIGHTFORWARD.
11:47:53 A WHILE BACK, THERE WAS A QUESTION ABOUT EMERGENCY
11:47:56 PROCUREMENT AND THE REQUEST WAS MADE TO JUST AMEND THE
11:47:59 CODE TO REFLECT THE FACT THAT THOSE SOMETIMES OCCUR AND
11:48:04 WHEN THEY DO OCCUR THE CITY STAFF IS TO REPORT BACK TO
11:48:07 COUNCIL ABOUT SUCH EMERGENCY PURCHASES.
11:48:11 SO IT'S A VERY STRAIGHTFORWARD TEXT AMENDMENT.
11:48:12 THANK YOU.
11:48:15 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS?
11:48:16 HEARING NONE.
11:48:20 COUNCILMAN CITRO, WOULD YOU LIKE TO GO READ ITEM NUMBER
11:48:20 8.
11:48:22 >>JOSEPH CITRO: YES, THANK YOU, MR. CHAIR.
11:48:27 FILE NUMBER E 2021-8 CHAPTER 2, ORDINANCE BEING
11:48:29 PRESENTED FOR FIRST READING CONSIDERATION AN ORDINANCE
11:48:32 OF THE CITY OF TAMPA, FLORIDA, AMENDING THE CITY OF
11:48:38 TAMPA CODE OF ORDINANCES CHAPTER 2, ART V, DIVISION 3,
11:48:43 SECTION 2-279 APPROVAL OF VALID EMERGENCIES;
11:48:51 COMPETITIVE BIDDING AND BOND EXEMPTIONS; SAID AMENDMENT
11:48:53 BEING NECESSARY TO PROVIDE FOR THE CITY COUNCIL
11:48:57 NOTIFICATION AFTER A VALID EMERGENCY PURCHASE OR
11:49:00 CONTRACT IS MADE; REPEALING ALL ORDINANCES OR PARTS OF
11:49:06 ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR
11:49:09 SEVERABILITY, PROVIDING FOR EFFECTIVE DATE.
11:49:11 >>GUIDO MANISCALCO: A SECOND FROM COUNCILMAN MIRANDA.
11:49:14 ROLL CALL VOTE.
11:49:16 >>LUIS VIERA: YES.
11:49:18 >>CLERK: GUDES.
11:49:20 >>JOHN DINGFELDER: YES.
11:49:21 >>GUIDO MANISCALCO: YES.
11:49:23 >>BILL CARLSON: YES.
11:49:25 >>JOSEPH CITRO: YES.
11:49:26 >>CHARLIE MIRANDA: YES.
11:49:29 >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCILMAN
11:49:31 GUDES BEING ABSENT.
11:49:36 SECOND READING ADOPTION MARCH 18, 2021 AT 9:30 A.M.
11:49:37 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:49:40 WE WILL GO TO THE CONSENT AGENDA.
11:49:44 COUNCILMAN CITRO, DO THE HONORS OF MOVING ITEMS 9-13.
11:49:46 >>JOSEPH CITRO: I MOVE 9-13.
11:49:50 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN CITRO AND
11:49:51 SECOND BY COUNCILMAN VIERA.
11:49:56 ROLL CALL VOTE.
11:49:58 >>LUIS VIERA: YES.
11:49:59 >>CLERK: GUDES.
11:50:01 >>JOHN DINGFELDER: YES.
11:50:02 >>GUIDO MANISCALCO: YES.
11:50:04 >>BILL CARLSON: YES.
11:50:06 >>JOSEPH CITRO: YES.
11:50:08 >>CHARLIE MIRANDA: YES.
11:50:11 >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCILMAN
11:50:13 GUDES BEING ABSENT.
11:50:15 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, TAKE ITEM
11:50:18 NUMBER 14.
11:50:21 >>JOHN DINGFELDER: YES, MR. CHAIRMAN.
11:50:24 BEFORE I DO, I WANTED TO GIVE A SHOUT OUT TO THE
11:50:26 ADMINISTRATION WITH REGARD TO SEVERAL OF THESE ITEMS
11:50:34 WRITE LEGITIMATE EVO.
11:50:36 ITEM 15 AND A FEW OTHERS.
11:50:41 SHELTERED MARKET SOLICITATION WHICH TARGETS EDO
11:50:45 ORGANIZATIONS TO THE TUNE OF PROBABLY A FEW HUNDRED
11:50:49 THOUSAND UP TO PERHAPS $500,000 TO $600,000.
11:50:52 I DON'T WANT THE ADMINISTRATION TO FEEL LIKE WE ARE
11:50:55 JUMPING ON THEM IN A NEGATIVE WAY ON EDO.
11:50:59 ON OCCASION, WE DO SEE SOME POSITIVE THINGS.
11:51:03 WITH THAT I WANT TO MOVE ITEM 14.
11:51:04 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN DINGFELDER
11:51:07 AND A SECOND FROM COUNCILMAN VIERA.
11:51:08 ROLL CALL VOTE.
11:51:09 >>LUIS VIERA: YES.
11:51:11 >>CLERK: GUDES.
11:51:12 >>JOHN DINGFELDER: YES.
11:51:14 >>GUIDO MANISCALCO: YES.
11:51:15 >>BILL CARLSON: YES.
11:51:17 >>JOSEPH CITRO: YES.
11:51:19 >>CHARLIE MIRANDA: YES.
11:51:22 >>CLERK: MOTION CARRIES UNANIMOUSLY WITH COUNCILMAN
11:51:24 GUDES BEING ABSENT.
11:51:26 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, MOVE ITEMS
11:51:27 15-28.
11:51:29 >>JOHN DINGFELDER: YES, MR. CHAIRMAN GLAD TO MOVE
11:51:31 ITEMS 15-28.
11:51:34 AND I JUST WANTED TO SAY SOMETHING ON ITEM 17, WHICH IS
11:51:41 THE PURCHASE OF FORD RANGER -- FOR FOUR FORD RANGER
11:51:42 TRUCKS.
11:51:45 AS WE ALL KNOW, WE ARE TRYING TO MOVE TOWARD A MORE
11:51:48 ENVIRONMENTAL FLEET AND ELECTRIC FLEET WHERE POSSIBLE.
11:51:53 AND I ASKED THE ADMINISTRATION AND WHIT RAMER WHY WE
11:52:00 DON'T COULD THESE FORD TRUCKS -- YOU KNOW, ELECTRIC.
11:52:04 NOTING, OF COURSE, THAT MOST OF THE MAJOR TRUCK VENDORS
11:52:08 HAVE NOT COME OUT WITH ELECTRIC THIS YEAR BUT LOOKING
11:52:10 AT COMING OUT WITH IT NEXT YEAR.
11:52:12 THAT IS THE RESPONSE OF THE ADMINISTRATION.
11:52:14 I ACCEPT THAT RESPONSE.
11:52:17 AND LOOK FORWARD NEXT YEAR THAT WE WILL START
11:52:20 PURCHASING NOT ONLY ELECTRIC CARS BUT ELECTRIC TRUCKS.
11:52:24 WITH THAT I WILL MOVE THOSE ITEMS.
11:52:26 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN DINGFELDER
11:52:28 AND SECOND FROM COUNCILMAN MIRANDA.
11:52:29 ROLL CALL VOTE.
11:52:31 >>LUIS VIERA: YES.
11:52:33 >>CLERK: GUDES.
11:52:35 >>JOHN DINGFELDER: YES.
11:52:36 >>GUIDO MANISCALCO: YES.
11:52:37 >>BILL CARLSON: YES.
11:52:38 >>JOSEPH CITRO: YES.
11:52:40 >>CHARLIE MIRANDA: YES.
11:52:44 >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCILMEMBER
11:52:48 GUDES BEING ABSENT.
11:52:51 >>GUIDO MANISCALCO: 29-45, COUNCILMAN MIRANDA.
11:52:54 >>CHARLIE MIRANDA: I MOVE.
11:52:55 >>JOSEPH CITRO: SECOND.
11:52:57 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN MIRANDA
11:53:01 AND A SECOND FROM COUNCILMAN CITRO.
11:53:03 >>LUIS VIERA: YES.
11:53:04 >>CLERK: GUDES.
11:53:05 >>JOHN DINGFELDER: YES.
11:53:06 >>GUIDO MANISCALCO: YES.
11:53:08 >>BILL CARLSON: YES.
11:53:10 >>JOSEPH CITRO: YES.
11:53:11 >>CHARLIE MIRANDA: YES.
11:53:13 >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCILMAN
11:53:16 GUDES BEING ABSENT.
11:53:21 >>CHARLIE MIRANDA: 36-41 WERE PULLED.
11:53:23 >>GUIDO MANISCALCO: WE ARE GOING TO MOVE FORWARD.
11:53:26 A MEMO FROM CHIEF OF STAFF JOHN BENNETT --
11:53:32 >>MARTIN SHELBY: WE CHECK WITH THE CLERK.
11:53:35 THEY WERE CONTINUED THROUGH APPROVAL OF THE AGENDA.
11:53:37 >>GUIDO MANISCALCO: ARE YOU SURE?
11:53:42 >>LUIS VIERA: COUNCILMAN GUDES REQUESTED THEY BE
11:53:42 CONTINUED.
11:53:44 >> A MOTION WAS MADE TO CONTINUE THOSE ITEMS.
11:53:46 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA IS DIRECT.
11:53:49 OKAY, SIR.
11:53:53 NEXT UP, COUNCILMAN CARLSON, 46-56.
11:53:57 >>BILL CARLSON: MOVE 46-56.
11:53:58 >>CHARLIE MIRANDA: SECOND.
11:54:00 >>GUIDO MANISCALCO: A MOTION AND A SECOND BY
11:54:01 COUNCILMAN MIRANDA.
11:54:02 ROLL CALL.
11:54:03 >>LUIS VIERA: YES.
11:54:06 >>CLERK: GUDES.
11:54:08 >>JOHN DINGFELDER: YES.
11:54:12 COME BACK TO ME IN A MINUTE, MR. CHAIRMAN, 36-41,
11:54:13 PLEASE.
11:54:15 >>GUIDO MANISCALCO: YES.
11:54:18 >>BILL CARLSON: YES.
11:54:20 >>JOSEPH CITRO: YES.
11:54:20 >>CHARLIE MIRANDA: YES.
11:54:23 >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCILMAN
11:54:25 GUDES BEING ABSENT.
11:54:28 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, YES, SIR.
11:54:30 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
11:54:33 I WANT TO MAKE SURE THE CLERK HAS THAT ABUNDANTLY
11:54:38 CLEARED ON THE RECORD THAT MR. MIRANDA POINTED OUT THAT
11:54:42 COUNCIL APPROVED THE BIG SET OF ITEM WITH THE EXCLUSION
11:54:46 OF 36-41 WHICH HAD ALREADY BEEN CONTINUED FOR TWO
11:54:46 WEEKS.
11:54:49 >>GUIDO MANISCALCO: YES, YOU HAVE CLARITY ON THAT.
11:54:50 >>CLERK: CORRECT.
11:54:54 THOSE ITEMS LISTED ON THE ADDENDUM AS BEING CONTINUED.
11:54:59 >>GUIDO MANISCALCO: COUNCILMAN VIERA, 56-59.
11:55:06 >>LUIS VIERA: I MOVE ITEMS 57, 58 AND 59.
11:55:06 >>JOSEPH CITRO: SECOND.
11:55:08 >>GUIDO MANISCALCO: A MOTION AND SECOND FROM
11:55:11 COUNCILMAN S CITRO.
11:55:12 >>LUIS VIERA: YES.
11:55:14 >>CLERK: GUDES.
11:55:15 >>JOHN DINGFELDER: YES.
11:55:16 >>GUIDO MANISCALCO: YES.
11:55:19 >>BILL CARLSON: YES.
11:55:20 >>JOSEPH CITRO: YES.
11:55:21 >>CHARLIE MIRANDA: YES.
11:55:25 >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCILMAN
11:55:27 GUDES.
11:55:30 >>GUIDO MANISCALCO: A MOTION THE 9:30 PUBLIC HEARINGS.
11:55:32 A MOTION AND SECOND.
11:55:33 ALL IN FAVOR.
11:55:33 AYE.
11:55:38 YOU WANT A ROLL CALL VOTE?
11:55:41 [INAUDIBLE]
11:55:46 >>GUIDO MANISCALCO: ITEM NUMBER 71 IS A 4.7 MILLION
11:55:51 ITEM WITH CITY OF TAMPA AND CARE ATC REGARDING OUR
11:55:55 WELLNESS SERVICE CENTERS FOR CITY OF TAMPA EMPLOYEES.
11:55:59 ANY QUESTIONS OR COMMENTS?
11:56:00 >>LUIS VIERA: SO MOVED.
11:56:04 IF I MAY, COUNCILMAN DINGFELDER, DO YOU HAVE A
11:56:04 QUESTION?
11:56:05 >>JOHN DINGFELDER: NO.
11:56:08 I JUST WANT TO GIVE A SHOUT OUT TO THE HR DEPARTMENT
11:56:11 AND KELLY AND MR. BENNETT AND EVERYBODY WHO HAS BEEN
11:56:12 WORKING ON THIS.
11:56:16 I KNOW -- I THINK THEY HAVE NEGOTIATED A GOOD DEAL AND
11:56:22 A VERY SMALL 1% INCREASE FOR -- FOR AN IMPORTANT
11:56:25 PROGRAM FOR ALL OF OUR EMPLOYEES, THANK YOU.
11:56:29 >>GUIDO MANISCALCO: COUNCILMAN VIERA WITH THE MOTION
11:56:31 AND CITRO FOR THE SECOND.
11:56:32 >>LUIS VIERA: YES.
11:56:34 >>CLERK: GUDES.
11:56:35 >>JOHN DINGFELDER: YES.
11:56:37 >>GUIDO MANISCALCO: YES.
11:56:37 >>BILL CARLSON: YES.
11:56:39 >>JOSEPH CITRO: YES.
11:56:41 >>CHARLIE MIRANDA: YES.
11:56:42 >>GUIDO MANISCALCO: VERY GOOD.
11:56:44 MOTION TO OPEN THE PUBLIC HEARINGS AFTER THESE ITEMS
11:56:47 60-65.
11:56:51 WE ARE GOING TO BREAK FOR LUNCH AND RECONVENE AT -- MR.
11:56:52 SHELBY.
11:56:55 >>MARTIN SHELBY: I AM SORRY, MR. CHAIRMAN.
11:56:58 TO CLEAR UP YOUR MORNING AGENDA, I HAVE BEEN INFORMED
11:57:02 BY THE CHIEF OF STAFF NO UPDATE FOR NUMBER 70 AND
11:57:05 BELIEVES IT TAKES A MOTION TO CONTINUE NUMBER 72 AND
11:57:08 CLEAN UP YOUR STAFF REPORTS FOR THIS MORNING.
11:57:10 >>GUIDO MANISCALCO: A MOTION TO CONTINUE ITEM 72.
11:57:14 >>CHARLIE MIRANDA: SO MOVE ITEM 72 TO CONTINUE.
11:57:15 >>BILL CARLSON: SECOND.
11:57:17 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN MIRANDA
11:57:20 AND SECOND FROM COUNCILMAN CARLSON.
11:57:21 ALL IN FAVOR?
11:57:21 ANY OPPOSITION?
11:57:22 ALL RIGHT.
11:57:26 AFTER WE FINISH 60-65, WE ARE GOING TO BREAK FOR LUNCH
11:57:31 AND COME BACK FOR THE 1:30 PUBLIC HEARINGS.
11:57:31 COUNCILMAN VIERA.
11:57:32 >>LUIS VIERA: THANK YOU.
11:57:38 I GOT AN INTERESTING MESSAGE ON WHAT WE PASSED THAT 13
11:57:41 MINUTES AFTER WE VOTE UNANIMOUSLY ON THE APPRENTICESHIP
11:57:42 BILL.
11:57:45 THE HOUSE COMMITTEE VOTED TO SUPPORT PREEMPTION OF
11:57:50 SIMILAR ORDINANCES, JUST TO UPDATE COUNCILMEMBERS,
11:57:52 THAT, YEP, THAT'S IT.
11:57:54 >>GUIDO MANISCALCO: THAT IS VERY SURPRISING.
11:58:00 THANK YOU, SIR.
11:58:02 ALL RIGHT, ITEM NUMBER 60.
11:58:13 WE SEE DANNY COLLINS ON LINE.
11:58:18 >>DANNY COLLINS: DANNY COLLINS WITH THE PLANNING
11:58:20 COMMISSION STAFF.
11:58:23 AVAILABLE FOR ANY QUESTIONS.
11:58:26 >>GUIDO MANISCALCO: ANY QUESTIONS FOR THE READY.
11:58:28 ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON ITEM
11:58:32 NUMBER 60?
11:58:35 HEARING NONE, A MOTION TO CLOSE THE HEARINGS.
11:58:35 >>JOSEPH CITRO: SO MOVED.
11:58:38 >> A MOTION BY COUNCILMAN CITRO.
11:58:40 SECOND BY COUNCILMAN CARLSON.
11:58:41 SECOND.
11:58:42 ALL RIGHT.
11:58:44 COUNCILMAN CARLSON, WOULD YOU MIND READING ITEM NUMBER
11:58:45 60.
11:58:46 >>BILL CARSON: SURE, THANK YOU.
11:58:52 FILE NUMBER TACPA 20-22 ORDINANCE PRESENTED FOR SECOND
11:58:57 READING AND ADOPTION ORDINANCE AMENDING THE IMAGINE
11:59:03 2040 TAMPA COMPREHENSIVE FUTURE LAND USE MAP 7200 SOUTH
11:59:09 SWOOPE STREET RESIDENTIAL FOR REPEAL OF ALL ORDINANCE
11:59:12 AND CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING AN
11:59:14 EFFECTIVE DATE.
11:59:15 >>JOSEPH CITRO: SECOND.
11:59:17 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN CARLSON
11:59:20 AND SECOND FROM COUNCILMAN CITRO.
11:59:24 JUST TO TAKE BE CLEAR, ANYBODY IN THE SECOND FLOOR HERE
11:59:26 TO SPEAK ON -- ON ANYTHING?
11:59:28 ITEMS 60-65?
11:59:33 JUST SO WE HAVE CLARITY.
11:59:40 >>CLERK: MR. CHAIR, NO REGISTRATIONS FOR THIS ITEM.
11:59:42 >>GUIDO MANISCALCO: I BELIEVE THE SECOND FLOOR IS
11:59:44 EMPTY.
11:59:45 ANYONE THERE TO SPEAK?
11:59:49 >> YES, THERE IS SOMEBODY THERE TO SPEAK ON 64 AND 65.
11:59:50 >>GUIDO MANISCALCO: WE GET THERE.
11:59:51 WE GET THERE.
11:59:51 MOTION FROM COUNCILMAN CARLSON.
11:59:52 COUNCILMAN CITRO, YOU WERE THE SECOND, CORRECT?
11:59:53 ALL RIGHT. ROLL CALL VOTE.
11:59:54 >>LUIS VIERA: YES.
11:59:58 >>JOHN DINGFELDER: YES.
11:59:59 >>GUIDO MANISCALCO: YES.
12:00:00 >>BILL CARLSON: YES.
12:00:02 >>JOSEPH CITRO: YES.
12:00:05 >>CHARLIE MIRANDA: YES.
12:00:07 >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH
12:00:08 COUNCILMEMBER GUDES BEING ABSENT.
12:00:11 >>GUIDO MANISCALCO: ITEM NUMBER 61.
12:00:13 DANNY COLLINS AGAIN.
12:00:14 >>DANNY COLLINS: THIS IS SECOND READING FOR TA/CPA
12:00:22 20-23.
12:00:23 CITY COUNCIL APPROVED THIS ITEM AT THE JANUARY 21st
12:00:26 HEARING.
12:00:26 I'M AVAILABLE FOR ANY QUESTIONS.
12:00:27 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS FOR THE
12:00:28 GENTLEMAN?
12:00:29 DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK
12:00:32 VIRTUALLY OR IN PERSON FOR ITEM NUMBER 61?
12:00:42 MR. BENTLEY, WOULD YOU LIKE TO SAY ANYTHING, SIR?
12:00:47 >> MARK BENTLEY, 401 EAST JACKSON STREET, I'M HERE TO
12:00:51 RESPOND TO ANY QUESTIONS OR CONCERNS THAT COUNCIL MAY
12:00:53 HAVE.
12:00:54 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS FOR THE
12:00:55 GENTLEMAN?
12:00:55 NO?
12:00:56 AGAIN IS THERE ANYBODY FROM THE PUBLIC THAT WISHES TO
12:00:59 SPEAK IN PERSON, VIRTUALLY, REGISTERED FOR ITEM NUMBER
12:01:02 61?
12:01:06 I SEE AND HEAR NO ONE.
12:01:08 CAN I GET A MOTION TO CLOSE?
12:01:10 MOTION TO CLOSE FROM COUNCILMAN CITRO.
12:01:12 SECOND FROM COUNCILMAN CARLSON.
12:01:14 ALL IN FAVOR?
12:01:17 COUNCILMEMBER MIRANDA, WOULD YOU MIND READING ITEM 61?
12:01:20 >>CHARLIE MIRANDA: CHAIRMAN, FILE NUMBER 61, FAIL TA/CPA
12:01:25 20-23, PRESENT AN ORDINANCE FOR SECOND READING, AN
12:01:30 ORDINANCE AMENDING THE IMAGINE 2040 TAMPA COMPREHENSIVE
12:01:32 PLAN, FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP FOR
12:01:35 THE PROPERTY LOCATED AT 1402 NORTH 19th STREET AND
12:01:39 1802 EAST 3rd AVENUE FROM GENERAL MIXED USE 24 GMU 24
12:01:45 TO URBAN MIXED USE 60, UMU 60, PROVIDING FOR REPEAL OF
12:01:50 ALL ORDINANCES IN CONFLICT, PROVIDING FOR SEVERABILITY,
12:01:53 PROVIDING AN EFFECTIVE DATE.
12:01:53 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN MIRANDA.
12:01:56 SECOND FROM COUNCILMAN CITRO.
12:01:58 ROLL CALL VOTE.
12:01:59 >>LUIS VIERA: YES.
12:02:05 >>JOHN DINGFELDER: YES.
12:02:07 >>GUIDO MANISCALCO: YES.
12:02:08 >>BILL CARLSON: YES.
12:02:09 >>JOSEPH CITRO: YES.
12:02:11 >>CHARLIE MIRANDA: YES.
12:02:13 >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH
12:02:14 COUNCILMEMBER GUDES BEING ABSENT.
12:02:16 >>GUIDO MANISCALCO: [OFF MICROPHONE] ITEM NUMBER 62.
12:02:32 >>MARTIN SHELBY: MR. CHAIRMAN, THESE ARE QUASI-JUDICIAL.
12:02:35 I DON'T KNOW IF YOUR MICROPHONE IS ON.
12:02:37 >>GUIDO MANISCALCO: I'M SORRY.
12:02:39 I KEEP TURNING IT OFF.
12:02:40 WE HAVE TO SWEAR EVERYONE IN.
12:02:42 SO MR. MANASSE IS THE APPLICANT.
12:02:47 MR. GARDNER, MR. SMITH, AND MR. TOUCHTON ARE ON.
12:02:52 TURN YOUR CAMERAS ON AND WE'LL SWEAR YOU IN, AND DO THAT.
12:02:59 ARE ANY OF THE ITEMS 62 REGISTERED INDIVIDUALS ON?
12:03:04 OKAY.
12:03:04 I SEE MR. GARDNER.
12:03:08 DO YOU HAVE ANYBODY ELSE WITH YOU TODAY, SIR?
12:03:12 UNMUTE YOURSELF.
12:03:13 I CAN'T HEAR YOU.
12:03:15 MR. GARDNER.
12:03:20 MR. GARDNER, IS IT JUST YOU OR DO YOU HAVE OTHER PEOPLE
12:03:24 WITH YOU?
12:03:26 >>TRUETT GARDNER: NO, ME AND THEN MR. STEPHEN SMITH THE
12:03:30 ARCHITECT BUT I AM NOT SURE WHETHER THEY ARE ON.
12:03:32 >>GUIDO MANISCALCO: WILL THEY BE SPEAKING OR PROVIDING
12:03:34 ANY TESTIMONY?
12:03:36 >> NO.
12:03:37 >>GUIDO MANISCALCO: RAISE YOUR RIGHT HAND AND MR.
12:03:38 MANASSE WILL SWEAR YOU IN.
12:03:42 >>THE CLERK: DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY
12:03:44 YOU GIVE TODAY WILL BE THE TRUTH AND NOTHING BUT THE
12:03:46 TRUTH?
12:03:46 >> I DO.
12:03:47 >>THE CLERK: THANK YOU.
12:03:48 >>GUIDO MANISCALCO: GO AHEAD, MR. MANASSE.
12:03:51 RYAN RUIN DEVELOPMENT COORDINATION.
12:03:52 ITEM NUMBER 62 IS FILE REZ 20-80 FOR THE PROPERTY LOCATED
12:03:56 AT 815 SOUTH ROME AVENUE.
12:03:58 THE REQUEST BEFORE YOU ON FIRST READING WAS A REZONING
12:04:01 FROM RS-50 RESIDENTIAL SINGLE-FAMILY TO PD PLANNED
12:04:03 DEVELOPMENT FOR BUSINESS PROFESSIONAL OFFICE, CERTIFIED
12:04:07 SITE PLANS HAVE BEEN TURNED INTO THE CITY CLERK.
12:04:09 STAFF IS AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.
12:04:11 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS FOR THE
12:04:13 GENTLEMAN?
12:04:13 NO?
12:04:14 MR. GARDNER, GO AHEAD, SIR.
12:04:18 >>TRUETT GARDNER: WE WERE LAST BEFORE YOU ON JANUARY
12:04:20 21st AND RECEIVED YOUR UNANIMOUS APPROVAL, AS RYAN
12:04:24 MENTIONED, ALL SITE PLAN CHANGES HAVE BEEN MADE AND HAPPY
12:04:27 TO ANSWER ANY QUESTIONS IF YOU HAVE ANY.
12:04:29 >>GUIDO MANISCALCO: ARE THERE ANY QUESTIONS FOR THE
12:04:30 GENTLEMAN?
12:04:32 HEARING NONE DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES
12:04:35 TO SPEAK IN PERSON OR REGISTERED BY TELEPHONE OR ONLINE
12:04:38 FOR ITEM NUMBER 62?
12:04:40 >>THE CLERK: THERE WERE NO REGISTERED SPEAKERS AND NO
12:04:43 ONE IS ON THE SECOND FLOOR FOR THIS ITEM.
12:04:46 >>GUIDO MANISCALCO: CAN I GET A MOTION TO CLOSE?
12:04:48 MOTION TO CLOSE BY COUNCILMAN CITRO.
12:04:50 SECOND BY COUNCILMAN MIRANDA.
12:04:51 ALL IN FAVOR?
12:04:53 AYE.
12:04:54 COUNCILMEMBER DINGFELDER, WOULD YOU MIND READING ITEM 62?
12:04:58 >>JOHN DINGFELDER: CAN YOU HEAR ME OKAY?
12:05:01 >>GUIDO MANISCALCO: YES, SIR.
12:05:02 GO AHEAD.
12:05:03 >>JOHN DINGFELDER: REGARDING AGENDA ITEM 262, FILE REZ
12:05:07 20-80, THE FOLLOWING ORDINANCE FOR SECOND READING AND
12:05:12 ADOPTION, AN ORDINANCE REZONING PROPERTY IN THE GENERAL
12:05:14 VICINITY OF 815 SOUTH ROME AVENUE IN THE CITY OF TAMPA,
12:05:17 FLORIDA AND MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM
12:05:20 ZONING DISTRICT CLASSIFICATION RS-50 RESIDENTIAL
12:05:24 SINGLE-FAMILY TO PD PLANNED DEVELOPMENT, BUSINESS
12:05:26 PROFESSIONAL OFFICE, PROVIDING AN EFFECTIVE DATE, AND
12:05:30 INCLUDING THE REVISIONS, THE SITE PLAN PROPOSED BY
12:05:37 COUNCIL AND BY MR. MANASSE.
12:05:41 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN CITRO.
12:05:43 ROLL CALL VOTE.
12:05:44 >>LUIS VIERA: YES.
12:05:47 >>JOHN DINGFELDER: YES.
12:05:50 >>GUIDO MANISCALCO: YES.
12:05:51 >>BILL CARLSON: YES.
12:05:52 >>JOSEPH CITRO: YES.
12:05:53 >>CHARLIE MIRANDA: YES.
12:06:00 >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH
12:06:02 COUNCILMEMBER GUDES BEING ABSENT.
12:06:03 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:06:06 ITEM NUMBER 63.
12:06:08 MR. GARDNER, YOU ARE THE REPRESENTATIVE.
12:06:12 YOU HAVE ALREADY BEEN SWORN IN SO YOU ARE GOOD.
12:06:14 MR. MANASSE, GO AHEAD.
12:06:15 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
12:06:17 ITEM NUMBER 63 IS FILE REZ 20-91, AN ORDINANCE BEING
12:06:22 PRESENTED FOR SECOND READING AND ADOPTION.
12:06:24 THE PROPERTY LOCATED AT 1308 SOUTH HOWARD AVENUE AND 2116
12:06:28 WEST SOUTH VIEW AVENUE.
12:06:30 THE REQUEST BEFORE YOU WAS REZONING FROM RS-60
12:06:34 RESIDENTIAL SINGLE-FAMILY TO AND CG COMMERCIAL GENERAL TO
12:06:39 PD PLANNED DEVELOPMENT, BUSINESS PROFESSIONAL OFFICE AND
12:06:41 COMMERCIAL OFF-STREET PARKING.
12:06:44 CERTIFIED SITE PLANS HAVE BEEN TURNED INTO THE CITY CLERK
12:06:46 AND STAFF IS AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.
12:06:48 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS FOR THE
12:06:49 GENTLEMAN?
12:06:51 COUNCILMAN DINGFELDER, YES, SIR.
12:06:52 >>JOHN DINGFELDER: JUST A POINT OF ORDER, AND I
12:06:55 MENTIONED THIS AT FIRST READING BUT I THINK IT'S
12:06:58 IMPORTANT.
12:06:59 SECOND READING, AS I SAID AT FIRST READING, I WHATS
12:07:03 INVOLVED IN THIS PROPERTY AS A REALTOR.
12:07:06 PERHAPS AN ATTORNEY ABOUT THREE YEARS AGO WHEN THE
12:07:11 PROPERTY WAS SOLD BY MY CLIENT TO GIVE THESE FOLKS WHO
12:07:16 WERE COMING FORWARD.
12:07:18 THAT TRANSACTION ENDED LIKE I SAY ABOUT THREE YEARS AGO.
12:07:21 I HAVE HAD NOTHING TO DO WITH THIS, HAVEN'T PARTICIPATED
12:07:26 IN ANY OF THE REZONING PLANS OR ANYTHING ELSE.
12:07:29 SO IN SPEAKING WITH MR. SHELBY, I DO NOT BELIEVE THAT I
12:07:32 HAVE A CONFLICT OF INTEREST, AND I FEEL COMFORTABLE
12:07:36 VOTING ON THIS MATTER.
12:07:37 >>GUIDO MANISCALCO: YOU DO FEEL COMFORTABLE OR YOU DO
12:07:41 NOT?
12:07:42 >>JOHN DINGFELDER: I DO.
12:07:43 >>GUIDO MANISCALCO: OKAY.
12:07:43 MR. SHELBY.
12:07:44 >>MARTIN SHELBY: AND SIR, OF COURSE, YOU WILL BE FAIR
12:07:47 AND IMPARTIAL AND BASE IT UPON THE EVIDENCE, FOR THE
12:07:49 RECORD?
12:07:50 >>JOHN DINGFELDER: ABSOLUTELY.
12:07:51 >>MARTIN SHELBY: THANK YOU.
12:07:52 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:07:55 DO WE HAVE A MOTION TO CLOSE?
12:07:57 >>LUIS VIERA: SO MOVED, VIERA.
12:07:59 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN CITRO.
12:08:00 ALL IN FAVOR?
12:08:02 AYE.
12:08:02 COUNCILMEMBER VIERA, WOULD YOU MIND READING ITEM NUMBER
12:08:05 63?
12:08:05 >>LUIS VIERA: SURE.
12:08:06 I MOVE AN ORDINANCE BEING PRESENTED FOR SECOND READING
12:08:08 AND ADOPTION, AN ORDINANCE REZONING PROPERTY IN THE
12:08:11 GENERAL VICINITY OF 1308 SOUTH HOWARD AVENUE AND 2116
12:08:15 WEST SOUTH VIEW AVENUE IN THE CITY OF TAMPA, FLORIDA AND
12:08:17 MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING
12:08:20 DISTRICT CLASSIFICATION RS 630 RESIDENTIAL SINGLE-FAMILY
12:08:22 AND CG COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT
12:08:25 BUSINESS PROFESSIONAL OFFICE AND COMMERCIAL OFF-STREET
12:08:27 PARKING PROVIDING AN EFFECTIVE DATE.
12:08:28 >>GUIDO MANISCALCO: WE HAVE A MOTION BY COUNCILMAN
12:08:31 VIERA, SECOND FROM COUNCILMAN CITRO.
12:08:33 ROLL CALL VOTE.
12:08:34 >>LUIS VIERA: YES.
12:08:37 >>JOHN DINGFELDER: YES.
12:08:39 >>GUIDO MANISCALCO: YES.
12:08:41 >>BILL CARLSON: YES.
12:08:42 >>JOSEPH CITRO: YES.
12:08:44 >>CHARLIE MIRANDA: YES.
12:08:45 >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH
12:08:46 COUNCILMEMBER GUDES BEING ABSENT.
12:08:48 >>GUIDO MANISCALCO: [OFF MICROPHONE] ALL RIGHT.
12:08:50 ITEM NUMBER 64.
12:08:55 WE DO HAVE A SPEAKER.
12:08:56 OKAY.
12:08:57 ITEM NUMBER 64.
12:08:58 MR. MANASSE.
12:09:01 >>RYAN MANASSE: ITEM NUMBER 64 IS FILE REZ 20-93 FOR THE
12:09:05 PROPERTY LOCATED AT 10801 CROSS CREEK BOULEVARD IN THE
12:09:10 AND THIS IS BEFORE YOU FOR SECOND READING AND ADOPTION.
12:09:13 THE REQUEST WAS TO REZONE FROM PLANNED DEVELOPMENT
12:09:16 ALTERNATIVE TO PLANNED DEVELOPMENT RESIDENTIAL
12:09:20 SINGLE-FAMILY ATTACHED.
12:09:21 CORRECTIONS HAVE BEEN MADE FROM FIRST READING FROM THE
12:09:24 REVISION SHEET AS WELL AS THE CHANGES TO THE LANDSCAPING
12:09:27 TO THE FRONT, AND STAFF IS AVAILABLE -- CERTIFIED SITE
12:09:31 PLANS HAVE BEEN TURNED INTO THE CLERK AND STAFF IS
12:09:33 AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.
12:09:34 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS AT THIS
12:09:35 TIME?
12:09:41 I SEE THE APPLICANT AT THE LECTERN.
12:09:43 STATE YOUR NAME AND RAISE YOUR RIGHT HAND TO BE SWORN IN.
12:09:50 IF THE CLERK WOULD SWEAR HER IN.
12:09:52 >>THE CLERK: DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY
12:09:55 THAT YOU ARE ABOUT TO GIVE TODAY IS THE TRUTH AND NOTHING
12:09:57 BUT THE TRUTH?
12:09:59 >> I DO.
12:10:00 >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME.
12:10:01 GO AHEAD.
12:10:02 >> GOOD MORNING, COUNCIL PERSONS, MEMBERS.
12:10:05 MY NAME IS ISABELLE HOFF WITH HOFF ASSOCIATES, ASSISTING
12:10:10 THE APPLICANT IN THIS REZONING REQUEST.
12:10:12 AND I'M HERE IF YOU HAVE ANY QUESTIONS.
12:10:16 WE ADDRESSED ALL THE COMMENTS RECEIVED BY STAFF AND BY
12:10:18 THE COUNCIL MEMBERS.
12:10:19 I'M HERE IF YOU HAVE ANY QUESTIONS.
12:10:20 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS AT THIS
12:10:21 TIME FOR THE APPLICANT?
12:10:24 HEARING NONE, DO WE HAVE ANYBODY IN THE PUBLIC IN PERSON
12:10:27 OR REGISTERED TO SPEAK FOR ITEM NUMBER 64?
12:10:29 >>THE CLERK: NO ONE IS REGISTERED TO SPEAK ON THIS ITEM.
12:10:34 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:10:36 WE HAVE A MOTION TO CLOSE FROM COUNCILMAN CITRO.
12:10:39 SECOND BY COUNCILMAN VIERA.
12:10:41 ALL IN FAVOR?
12:10:42 AYE.
12:10:43 COUNCILMEMBER CITRO, WOULD YOU MIND READING 64?
12:10:45 >>JOSEPH CITRO: FILE REZ 20 93, ORDINANCE BEING
12:10:50 PRESENTED FOR SECOND READING AND ADOPTION, AN ORDINANCE
12:10:52 REZONING PROPERTY IN THE GENERAL VICINITY OF 10801 CROSS
12:10:56 CREEK BOULEVARD IN THE CITY OF TAMPA, FLORIDA AND MORE
12:10:59 PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING DISTRICT
12:11:02 CLASSIFICATION PD PLANNED DEVELOPMENT ALTERNATIVE TO PD
12:11:06 PLANNED DEVELOPMENT, RESIDENTIAL, SINGLE-FAMILY ATTACHED,
12:11:11 PROVIDING AN EFFECTIVE DATE.
12:11:12 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
12:11:15 CITRO.
12:11:15 DO WE HAVE A SECOND?
12:11:17 SECOND FROM COUNCILMAN CARLSON.
12:11:20 ROLL CALL VOTE.
12:11:20 >>LUIS VIERA: AS THEY SAY IN GERMAN, NEIN.
12:11:25 NO.
12:11:25 >>JOHN DINGFELDER: YA.
12:11:32 YES.
12:11:32 >>GUIDO MANISCALCO: YES.
12:11:38 >>BILL CARLSON: YES.
12:11:41 >>JOSEPH CITRO: YES.
12:11:44 >>CHARLIE MIRANDA: YES.
12:11:45 >>THE CLERK: MOTION CARRIED WITH COUNCILMEMBER GUDES
12:11:48 BEING ABSENT AND COUNCILMEMBER VIERA VOTING NO.
12:11:51 >>GUIDO MANISCALCO: I BELIEVE WE HAVE THE SAME APPLICANT
12:11:55 FOR 65.
12:11:57 HAS ALREADY BEEN SWORN IN.
12:11:59 MR. MANASSE, GO AHEAD, SIR.
12:12:00 >>RYAN MANASSE: REZ 20-94 FOR PROPERTY LOCATED AT 10513
12:12:07 CROSS CREEK BOULEVARD, THIS IS BEFORE YOU FOR SECOND
12:12:09 READING AND ADOPTION.
12:12:11 THE REZONING REQUEST WAS FROM PDA PLANNED DEVELOPMENT
12:12:14 ALTERNATIVE TO PD PLANNED DEVELOPMENT RESIDENTIAL
12:12:17 SINGLE-FAMILY ATTACHED.
12:12:18 CORRECTIONS HAVE BEEN MADE PER THE REVISION SHEET AND THE
12:12:21 CORRECTIONS FROM COUNCIL MADE ON FIRST READING, AND THE
12:12:24 CERTIFIED SITE PLANS HAVE BEEN TURNED INTO THE CITY CLERK
12:12:27 AND STAFF IS AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.
12:12:28 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS AT THIS
12:12:30 TIME?
12:12:31 HEARING NONE, APPLICANT, YES, MA'AM.
12:12:33 >> AGAIN,IS A REAL, HOF ASSOCIATES, FOR THE REZONING.
12:12:40 I'M HERE IF YOU HAVE ANY QUESTIONS.
12:12:42 >>GUIDO MANISCALCO: ANY QUESTIONS OF THE APPLICANT?
12:12:43 I HEAR NONE. DO WE HAVE ANYBODY IN THE PUBLIC THAT
12:12:45 WISHES TO SPEAK ON ITEM NUMBER 65?
12:12:53 DO WE HAVE A MOTION TO CLOSE?
12:12:56 MOTION TO CLOSE FROM COUNCILMAN CITRO.
12:12:58 SECOND FROM COUNCILMEMBER MIRANDA.
12:13:00 ALL IN FAVOR?
12:13:01 AYE.
12:13:03 COUNCILMEMBER CARLSON, WOULD YOU MIND READING ITEM 657?
12:13:06 >>BILL CARLSON: SURE.
12:13:07 FILE REZ 20-94.
12:13:12 ORDINANCE BEING PRESENTED FOR SECOND READING AND
12:13:14 ADOPTION, AN ORDINANCE REZONING PROPERTY IN THE GENERAL
12:13:16 VICINITY OF 10513 CROSS CREEK BOULEVARD IN THE CITY OF
12:13:21 TAMPA, FLORIDA AND MORE PARTICULARLY DESCRIBED IN SECTION
12:13:23 1 FROM ZONING DISTRICT CLASSIFICATION PD A PLANNED
12:13:26 DEVELOPMENT ALTERNATIVE TO PD PLANNED DEVELOPMENT,
12:13:29 RESIDENTIAL SINGLE-FAMILY ATTACHED, PROVIDING AN
12:13:31 EFFECTIVE DATE.
12:13:31 >>GUIDO MANISCALCO: WE HAVE A MOTION BY COUNCILMAN
12:13:34 CARLSON.
12:13:35 SECOND BY COUNCILMAN VIERA.
12:13:36 ROLL CALL VOTE.
12:13:37 >>LUIS VIERA: YES.
12:13:41 >>JOHN DINGFELDER: YES.
12:13:43 >>GUIDO MANISCALCO: YES.
12:13:44 >>BILL CARLSON: YES.
12:13:45 >>JOSEPH CITRO: YES.
12:13:46 >>CHARLIE MIRANDA: YES.
12:13:48 >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH
12:13:49 COUNCILMEMBER GUDES BEING ABSENT.
12:13:51 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:13:53 WE ARE IN RECESS UNTIL 1:30.
12:13:56 [ CITY COUNCIL RECESS ]
12:14:19
01:35:46 [SOUNDING GAVEL]
01:37:19 >>GUIDO MANISCALCO: GOOD AFTERNOON.
01:37:20 I WOULD LIKE TO CALL THIS TAMPA CITY COUNCIL MEETING TO
01:37:22 ORDER AS WE RETURN FROM RECESS.
01:37:25 ROLL CALL, PLEASE.
01:37:26 >>LUIS VIERA: HERE.
01:37:31 >>GUIDO MANISCALCO: HERE.
01:37:33 >>BILL CARLSON: HERE.
01:37:34 >>JOSEPH CITRO: HERE.
01:37:36 >>CHARLIE MIRANDA: HERE.
01:37:37 >>THE CLERK: WE HAVE A PHYSICAL QUORUM.
01:37:40 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
01:37:40 BEFORE WE BEGIN CAN I GET A MOTION TO OPEN THE PUBLIC
01:37:43 HEARINGS?
01:37:44 WE HAVE A MOTION BY COUNCILMAN CITRO.
01:37:47 SECOND FROM VIERA.
01:37:48 ALL IN FAVOR?
01:37:50 AYE.
01:37:51 ALL RIGHT.
01:37:51 THE HEARINGS ARE OPEN.
01:37:52 I BELIEVE WE WILL BEGIN WITH MS. GRIMES.
01:38:01 >>GINA GRIMES: GOOD AFTERNOON, COUNCIL.
01:38:03 THIS IS GINA GRIMES, THE CITY ATTORNEY, AND I'M JUST
01:38:09 CONFIRM THAT ALL THREE ITEMS, 67, 68 AND 69 ARE ALL OPEN?
01:38:14 >>GUIDO MANISCALCO: YES, THEY ARE.
01:38:15 >>GINA GRIMES: BECAUSE WE HAVE SOME GENERAL REMARKS TO
01:38:18 MAKE THAT ARE APPLICABLE TO ALL THREE HEARINGS.
01:38:21 AND TO BE RESPECTFUL OF COUNCIL'S TIME AND TO GET THROUGH
01:38:27 THESE ITEMS AS QUICKLY AS POSSIBLE, WE DON'T WANT TO HAVE
01:38:30 TO REPEAT THE SAME TESTIMONY -- OR ARGUMENT IN EACH OF
01:38:34 THESE HEARINGS.
01:38:34 SO I WILL BEGIN, AND THEN O'CONNOR WILL FOLLOW ME AND
01:38:38 SUSAN JOHNSON-VELEZ AFTER.
01:38:41 THAT THE THREE HEARINGS THAT ARE ON YOUR AGENDA TODAY ARE
01:38:43 TO REQUEST COUNCIL TO DETERMINE WHETHER IT'S APPROPRIATE
01:38:46 TO SUSPEND FOR UP TO 30 DAYS THE ALCOHOLIC BEVERAGE OR AB
01:38:52 PERMIT FOR THREE ESTABLISHMENTS.
01:38:54 AND THESE HEARINGS ARE BEING CONDUCTED PURSUANT TO CITY
01:38:57 CODE SECTION 27-318-B, WHICH AUTHORIZES THE COUNCIL TO
01:39:02 SUSPEND OR REVOKE AN AB PERMIT FOR CAUSE.
01:39:07 SO THIS CODE PROVISION IS APPLICABLE TO EVERY AB PERMIT
01:39:11 THAT YOU APPROVE.
01:39:12 AND IT SETS FORTH 14 STANDARDS THAT THESE ESTABLISHMENTS
01:39:17 CANNOT VIOLATE OR THEIR AB PERMIT IS SUBJECT TO
01:39:22 SUSPENSION OR REVOCATION.
01:39:23 AND THE THEORY BEHIND THE CODE PROVISION IS THAT OWNERS
01:39:27 AND OPERATORS OF AB ESTABLISHMENTS ARE EXPECTED TO ADHERE
01:39:31 TO QUALIFICATION REQUIREMENTS AND OPERATIONAL STANDARDS.
01:39:35 WHY?
01:39:36 BECAUSE THE SALES OF ALCOHOLIC BEVERAGES BY AN
01:39:40 IRRESPONSIBLE PERSON OR AN IRRESPONSIBLE MANNER CAN LEAD
01:39:45 TO SERIOUS NEGATIVE CONSEQUENCES AND ALSO HAVE ADVERSE
01:39:48 EFFECTS ON OTHERS.
01:39:49 SO FOR THAT REASON, SUSPENSION OR REVOCATION IN SOME
01:39:52 INSTANCES IS NECESSARY TO ADDRESS THOSE KINDS OF ISSUES.
01:39:56 THE STANDARDS THAT WE ARE ASSERTING TODAY WAS VIOLATED IS
01:40:01 SUBSECTION 1-F, 27-318 AND PROHIBITS AN ALCOHOLIC
01:40:07 BEVERAGE ESTABLISHMENT FROM FAILING TO COMPLY WITH ANY
01:40:10 HEALTH OR SANITATION LAW AFTER HAVING RECEIVED REASONABLE
01:40:14 NOTICE TO CORRECT THE CONDITION THAT IS IN VIOLATION.
01:40:19 SO THE HEALTH LAW THAT WAS VIOLATED WAS THE MASK
01:40:22 REQUIREMENT, AND THAT MASK REQUIREMENT WAS SET FORTH IN
01:40:25 THE BOARD OF COUNTY COMMISSIONERS AND THE MAYOR'S
01:40:28 EXECUTIVE ORDER.
01:40:30 AND AS YOU KNOW, THOSE ORDERS WERE ISSUED TO HELP PREVENT
01:40:33 THE SPREAD OF COVID-19 BECAUSE WEARING A MASK IS THE MOST
01:40:37 EFFECTIVE MEASURE TO PREVENT THE SPREAD.
01:40:41 AND AS FAR AS COVID-19 IS CONCERNED, I KNOW OVER THE PAST
01:40:44 YEAR, THIS CITY COUNCIL HAS PUT COVID-19 SAFETY FOREFRONT
01:40:49 OF YOUR MEETINGS, AND YOU HAVE TAKEN THE INITIATIVE TO
01:40:53 INSTITUTE SEVERAL MEASURES TO MAKE SURE THE CITY COUNCIL
01:40:56 CHAMBERS WERE SAFE FOR YOURSELVES, YOUR STAFF, AND THE
01:41:00 PUBLIC, AND THAT INCLUDED SAFETY IMPROVEMENTS TO CITY
01:41:05 COUNCIL CHAMBERS, THE LIMITATION ON THE PERSONS IN THE
01:41:09 COUNCIL CHAMBERS, AND SEQUESTRATION OF THE PUBLIC ON A
01:41:13 SEPARATE FLOOR.
01:41:14 AND IN ADDITION TO THAT, WITHOUT QUESTION, THAT NOBODY
01:41:18 WOULD BE ABLE TO REMAIN IN YOUR CHAMBERS WITHOUT A MASK
01:41:21 ON.
01:41:21 SO STARTING IN THE FALL OF 2020, AFTER THE GOVERNOR
01:41:25 LISTED THE -- LIFTED THE CAPACITY RESTRICTIONS ON
01:41:28 BUSINESSES, CODE ENFORCEMENT, DOOR TO DOOR TO BARS AND
01:41:32 OTHER BUSINESSES THROUGHOUT THE CITY TO EDUCATE AND
01:41:34 ENCOURAGE BUSINESSES REGARDING MASK REQUIREMENTS, AND IN
01:41:37 ADDITION TO THAT EDUCATION ENCOURAGEMENT, THEY ALSO GAVE
01:41:41 BUSINESSES SIGNAGE REGARDING MASKS SO THAT THEY COULD
01:41:43 PLACE THOSE IN THEIR ESTABLISHMENTS.
01:41:45 AND THEN FURTHER, THE BUSINESSES WERE EVEN GIVEN FREE
01:41:48 MASKS TO PROVIDE TO PATRONS.
01:41:51 HOWEVER, IN ABOUT EARLY TO MID DECEMBER, THE NUMBER OF
01:41:54 COVID CASES IN HILLSBOROUGH COUNTY STARTED TO SPIKE
01:41:57 AGAIN, AND IT WAS AT THAT TIME IT WAS DETERMINED THAT A
01:42:01 MORE INTENSE CODE ENFORCEMENT EFFORT WAS NECESSARY TO
01:42:06 MOVE FORWARD THE MASK REQUIREMENT.
01:42:07 SINCE MID DECEMBER CODE ENFORCEMENT AND TPD HAVE
01:42:10 CONDUCTED 1,634 INSPECTIONS OR BAR CHECKS.
01:42:19 FORMAL WARNINGS WERE ISSUED TO ESTABLISHMENTS THAT WERE
01:42:22 IN VIOLATION, AND THEN IF AN ESTABLISHMENT IGNORED THE
01:42:26 WARNING, THEN A FIRST CITATION WAS ISSUED.
01:42:30 IF THE FIRST CITATION WAS ALSO IGNORED, THEN A SECOND
01:42:33 CITATION WAS ISSUED.
01:42:34 AND WE WANT TO EMPHASIZE THAT MOST BUSINESSES, INCLUDING
01:42:39 MANY BARS AND RESTAURANTS, HAVE IMPLEMENTED MEASURES TO
01:42:42 COMPLY WITH THE MASK REQUIREMENT.
01:42:45 KEEP THAT IN MIND.
01:42:46 MOST BUSINESSES HAVE COMPLIED.
01:42:48 SO WE KNOW IT CAN BE SUCCESSFULLY DONE.
01:42:51 HOWEVER, WE FOUND THAT THERE'S APPROXIMATELY TEN
01:42:55 ESTABLISHMENTS THAT HAVE IGNORED THE WARNINGS AND IGNORED
01:42:57 THE FIRST CITATION AND IGNORED THE SECOND CITATION, AND
01:43:01 DID NOT INSTITUTE ANY COVID SAFETY MEASURES AS MOST OTHER
01:43:05 BARS AND RESTAURANTS HAVE BEEN DONE.
01:43:07 SO AFTER ISSUING SEVERAL WARNINGS, ISSUANCE OF THE FIRST
01:43:11 CITATION, THE SECOND CITATION, NONE OF WHICH HAD ANY
01:43:14 EFFECT ON THESE AB ESTABLISHMENTS, WE FELT WE HAD IN A
01:43:18 CHOICE BUT TO COME TO YOU AND ISSUE THE NOTICE OF INTENT
01:43:23 TO REQUEST THE SUSPENSION OF THE AB PERMITS OF THESE
01:43:28 ESTABLISHMENTS TO ADDRESS THIS HEALTH REQUIREMENT.
01:43:30 AND THAT BRINGS US TO TODAY'S HEARING FOR MACDINTON'S,
01:43:36 TANGRA AND YBOR CIGAR PLUS, AND ENFORCE THIS HEALTH
01:43:41 REQUIREMENT FOR THE BENEFIT AND THE PROTECTION OF THE AB
01:43:44 ESTABLISHMENTS.
01:43:45 EMPLOYEES AND THEIR PATRONS, AS WELL AS THE PUBLIC.
01:43:48 SO WITH THAT I WILL TURN IT OVER TO O'CONNOR WHO IS GOING
01:43:52 TO DISCUSS THE CODE ENFORCEMENT PROCESS.
01:43:54 >> GOOD AFTERNOON, COUNCIL.
01:44:00 STEVE O'CONNOR, CITY OF TAMPA NEIGHBORHOOD ENHANCEMENT
01:44:03 MANAGER.
01:44:04 THANK YOU, GINA.
01:44:05 GINA JUST LAID IT OUT PRETTY WELL EXACTLY HOW IT'S GONE
01:44:09 THE PAST FEW MONTHS.
01:44:11 BUT TO GIVE YOU A LITTLE MORE CLARIFICATION ON CODE'S
01:44:16 INVOLVEMENT, IN THE FALL WE WERE OUT TILL 10:00 AT NIGHT
01:44:20 IN THE SOHO, YBOR, CHANNELSIDE DOWNTOWN AREAS OF TOWN,
01:44:24 WHERE MOST OF OUR COMPLAINTS CAME FROM.
01:44:27 WE ALSO HAD A MOBILE UNIT THAT COULD GO ANYWHERE AND
01:44:30 OUTSIDE THAT AREA COMPLAINTS WOULD COME IN.
01:44:32 WE WERE OUT THERE TO EDUCATE AND ENCOURAGE ALL THE
01:44:35 BUSINESSES WHO ARE NOW OPEN TO FULL CAPACITY ABOUT THE
01:44:39 NEW RULE, AND WE FOUND OVER 90% OF COMPLIANCE WITH THOSE
01:44:44 RULES.
01:44:44 EVERYONE WAS HAPPY TO BE OPEN, FOR THE MORT PAST AND
01:44:49 WANTED TO OBEY THOSE RULES.
01:44:50 SO WE DID THAT INTO THE FALL UNTIL LIKE GINA SAID THERE
01:44:53 WAS A SPIKE IN DECEMBER AND WE HAD TO RAMP UP OUR
01:44:56 EFFORTS, AS PEOPLE STAYED OUT LATER, THINGS STARTED TO GO
01:45:00 TO THE WAYSIDE, IT SEEMS.
01:45:02 SO WE WENT INSTEAD OF STAYING TILL 10 P.M. WE STAYED TILL
01:45:06 2 A.M., AND AT THAT TIME WE TEAMED UP WITH TPD, SO EACH
01:45:11 STRIKE FORCE TEAM HAD TWO CODE OFFICERS AND TWO TPD
01:45:14 OFFICERS THAT WOULD THEN GO INTO THE BARS, CHECK FOR
01:45:18 COMPLIANCE, UTILIZING THE BODY WARN CAMERAS THAT THE TPD
01:45:22 HAD AND CODE OFFICERS WOULD GET THE L THE EVIDENCE VIA
01:45:26 PHOTOGRAPHS OF THE VIOLATIONS.
01:45:28 LIKE GINA SAID, PRIOR TO THAT, ALL OF THESE BUSINESSES
01:45:31 WERE VISITED BY US.
01:45:32 THEY HANDED OUT MASKS, FLYERS, EXPLAINED SOME OF THEM,
01:45:37 ASKED FOR EXTENSIVE EXPLANATION WHERE WE WOULD GO IN AND
01:45:41 VISIT WITH THE MANAGERS DURING THE DAYTIME HOURS, AND
01:45:44 EXPLAIN THE RULES AND REGULATIONS SO THERE WAS NO
01:45:47 CONFUSION LATER ON AS IT GOT MORE DIFFICULT.
01:45:51 WE FOUND VERY GOOD COMPLIANCE, BUT IN DECEMBER THAT'S
01:45:54 WHEN IT STARTED FOR THURSDAY, FRIDAY, SATURDAY NIGHTS
01:45:57 TILL 2 A.M. AND THAT CONTINUES TO THIS DAY.
01:46:01 THAT'S ALL I HAVE.
01:46:01 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
01:46:07 MS. JOHNSON-VELEZ, ARE YOU NEXT?
01:46:09 >>SUSAN JOHNSON-VELEZ: [OFF MICROPHONE] ALL OF THESE
01:46:18 VIOLATIONS THAT YOU WILL HEAR ABOUT IN THE THREE HEARINGS
01:46:20 THIS AFTERNOON OCCURRED IN DECEMBER AND -- DESIGNATION
01:46:23 2020 AND JANUARY 2021.
01:46:26 SO AT THAT TIME THERE WERE TWO LOCAL ORDERS IN EFFECT,
01:46:30 AND THOSE ORDERS CAN BE FOUND AT TABS 11 AND 12 OF THE
01:46:34 BINDERS WHICH WE PROVIDED TO COUNCIL AND ASK IF COUNCIL
01:46:38 WOULD RECEIVE AND FILE THOSE BINDERS.
01:46:40 COPIES HAVE BEEN PROVIDED TO THE CLERK.
01:46:42 >>JOSEPH CITRO: MOVE TO RECEIVE AND FILE.
01:46:45 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN VIERA.
01:46:47 ALL IN FAVOR?
01:46:49 AYE.
01:46:49 >>SUSAN JOHNSON-VELEZ: SO IF YOU WOULD LIKE TO FOLLOW
01:46:52 ALONG, IN TAB 11 IS THE FIRST ORDER, EXECUTIVE ORDER
01:46:56 2020-42 WHICH WAS ISSUED BY MAYOR JANE CASTOR ON AUGUST
01:46:59 19th OF 2020.
01:47:01 AND THAT ORDER IN SECTION 3-A REQUIRED EVERY PERSON TO
01:47:04 WEAR A MASK IN ANY INDOOR LOCATION OPEN TO THE PUBLIC
01:47:08 WHILE NOT MAINTAINING SOCIAL DISTANCING FROM OTHER
01:47:11 PERSONS.
01:47:11 IT ALSO REQUIRED BUSINESS OPERATORS AT THE INDOOR
01:47:15 LOCATION OF A BUSINESS OPEN TO THE PUBLIC IN THE CITY OF
01:47:17 TAMPA TO MAKE REASONABLE EFFORTS TO REQUIRE ALL PERSONS
01:47:20 WITHIN THE LOCATION TO WEAR A FACE COVERING WHEN NOT
01:47:24 MAINTAINING SOCIAL DISTANCING.
01:47:26 THAT'S IN SECTION 3-E.
01:47:28 THIRDLY IT REQUIRED BUSINESS OWNERS TO REQUIRE
01:47:31 INDIVIDUALS TO COMPLY WITH THE ABOVE BY TAKING FOUR
01:47:35 MINIMUM STEPS.
01:47:37 THE FIRST WAS TO POST SIGNAGE ON ALL PUBLIC ENTRANCES
01:47:40 INDICATING THAT FACE COVERINGS MUST BE WORN INSIDE UNLESS
01:47:44 AN EXCEPTION WAS APPLICABLE. IF THE BUSINESS WAS
01:47:46 EQUIPPED WITH A PUBLIC ANNOUNCEMENT OR PA SYSTEM OVER
01:47:49 WHICH ANNOUNCEMENTS TO PATRONS ARE MADE, THEN THE
01:47:52 BUSINESS OWNER WAS TO MAKE REGULAR ANNOUNCEMENTS
01:47:55 REMINDING ALL PERSONS THAT FACE COVERINGS MUST BE WORN.
01:47:59 NUMBER 3, THE BUSINESS OWNERS WERE REQUIRED TO REQUIRE
01:48:02 ALL EMPLOYEES NOT EXEMPTED FROM THE FACE COVERING
01:48:07 REQUIREMENTS TO WEAR FACE COVERING IN ANY INDOOR LOCATION
01:48:10 WHEN NOT MAINTAINING SOCIAL DISTANCING FROM OTHER
01:48:13 PERSONS.
01:48:13 AND THEN FINALLY TO MAKE ALL OTHER REASONABLE EFFORTS
01:48:16 INCLUDING ASKING PATRONS NOT WEARING FACE COVERINGS TO DO
01:48:20 SO.
01:48:22 THE COUNTY ISSUED A SIMILAR ORDER IN DECEMBER OF 2020
01:48:27 THAT INCLUDED THESE FOUR MINIMAL REQUIREMENTS FOR
01:48:29 BUSINESS OWNERS, AND THEY ALSO REQUIRED BUSINESS
01:48:32 ESTABLISHMENTS INCLUDING ALL BARS, NIGHT CLUBS AND
01:48:35 RESTAURANTS THAT SERVE FOOD OR DRINK TO TAKE ADDITIONAL
01:48:39 STEPS, AND THOSE ARE INCLUDED IN THE COUNTY'S ORDER WHICH
01:48:42 IS BEHIND TAB 12.
01:48:45 THOSE ADDITIONAL RESTRICTIONS WERE THAT NO FOOD OR DRINKS
01:48:49 MAY BE SERVED TO PATRONS FOR ON SITE CONSUMPTION THAT
01:48:53 WERE NOT SEATED AT A TABLE OR BAR, AND STANDING AT A BAR
01:48:56 WAS PROHIBITED.
01:48:57 BARS AND NIGHT CLUBS WERE ALSO NOT TO MAINTAIN SPACES
01:49:00 THAT ALLOWED THE CONGREGATION OF UNSEATED PEOPLE AND
01:49:04 STATED IN THE COUNTY'S ORDER WAS THE PURPOSE OF THIS
01:49:08 REQUIREMENT WAS INTENDED TO PROHIBIT DANCE FLOOR AREAS
01:49:11 WITHIN ANY BAR, NIGHTCLUB OR RESTAURANTS OR OTHER AREAS
01:49:15 ALLOWING THE CONGREGATION OF UNSEATED PEOPLE.
01:49:18 AND SO THE EXPRESS INTENT OF BOTH ORDERS WENT TO SEEK
01:49:22 VOLUNTARY COMPLIANCE WITH THE PROVISIONS AND TO EDUCATE
01:49:25 AND WARN OF THE DANGERS OF NONCOMPLIANCE.
01:49:28 AND IT WAS ONLY ENFORCEMENT WAS INTENDED TO TAKE PLACE
01:49:31 ONLY AS A LAST RESORT AND AS GINA DESCRIBED THERE WERE
01:49:35 EXTENSIVE EFFORTS IN THE MONTHS PRECEDING DECEMBER AND
01:49:38 JANUARY TO TAKE EFFORTS TO EDUCATE AND TO ASSIST
01:49:42 BUSINESSES WITH COMPLYING WITH THESE, AND SO THESE CASES
01:49:45 ARE BROUGHT TO YOU AS A LAST RESORT AS CONTEMPLATED IN
01:49:49 THESE TWO ORDERS.
01:49:50 I DO WANT TO MAKE MENTION OF PETITIONS FOR WRITS OF
01:49:53 PROHIBITION THAT WERE FILED BY TWO ESTABLISHMENTS THAT
01:49:56 THESE CASES ARE BEFORE YOU THIS EVENING OR THIS
01:49:59 AFTERNOON.
01:49:59 YBOR CIGAR PLUS AS WELL AS TANGRA.
01:50:02 YOU MIGHT RECALL THAT LUKE LIROT APPEARED AT YOUR COUNCIL
01:50:11 MEETING TWO WEEKS AGO AND MADE STATEMENTS ON THEIR BELIEF
01:50:14 THAT COUNCIL WAS PRECLUDED FROM PROCEEDING REQUEST THESE
01:50:17 HEARINGS.
01:50:17 AND SO THEY DID FILE PETITIONS FOR WRIT OF PROHIBITION
01:50:22 WITH CIRCUIT COURT MAKING SIMILAR ARGUMENTS TO THE
01:50:25 CIRCUIT COURT, AND WHAT THOSE TWO ESTABLISHMENTS SOUGHT
01:50:28 WAS ISSUANCE OF A WRIT OF PROHIBITION DECLARING THAT THE
01:50:31 CITY DID NOT HAVE JURISDICTION TO PROCEED WITH THE
01:50:33 HEARINGS PURSUANT TO SECTION 27-318, DID NOT HAVE -- DOES
01:50:38 NOT HAVE JURISDICTION TO SUSPEND THE SALES OF ALCOHOLIC
01:50:42 BEVERAGES WITHOUT A PRIOR FINDING OF VIOLATION BY THE
01:50:44 COUNTY COURT, AND THAT YOU, CITY COUNCIL, COULD NOT
01:50:47 PROCEED WITH THIS SUSPENSION HEARING.
01:50:49 SO THE ARGUMENT WAS THAT THE EXCLUSIVE MECHANISM FOR
01:50:52 ENFORCEMENT OF THESE ORDERS WAS THROUGH CHAPTER 23.5 OF
01:50:57 THE CITY CODE.
01:50:59 THE CIRCUIT COURT IN THE FIRST CASE THAT WAS RULED UPON
01:51:02 WAS YBOR CIGAR PLUS CASE AND THE COURT ISSUED A LENGTHY
01:51:06 3-PAGE ORDER DENYING THE PETITION FOR WRIT OF
01:51:09 PROHIBITION.
01:51:10 THAT ORDER WAS THAT SAME DAY ADOPTED BY THE CIRCUIT COURT
01:51:15 IN THE TANGRA CASE, WHICH IS ONE OF THE OTHER CASES
01:51:19 BEFORE YOU THIS EVENING, AND WHILE I WON'T GO THROUGH
01:51:22 EACH DETAIL, THE ORDERS FROM THE CIRCUIT COURT HAVE BEEN
01:51:26 PROVIDED TO YOUR CITY COUNCIL ATTORNEY, AND I THINK THE
01:51:30 LONG STORY SHORT AND THE BOTTOM LINE ON THOSE ORDERS IS
01:51:33 THE THAT COUNCIL DOES IN FACT HAVE JURISDICTION TO HEAR
01:51:36 THESE SUSPENSION HEARINGS THIS AFTERNOON, AND THAT
01:51:38 COUNCIL OR ANY DECISION BY COUNTY COURT JUDGE IS NOT A
01:51:43 PREREQUISITE TO COUNCIL TAKING ACTION ON THESE HEARINGS
01:51:46 THIS AFTERNOON.
01:51:50 I WOULD NOW ASK CAMARIA PETTIS-MACKLE TO COME FORWARD.
01:51:57 I BELIEVE WE WOULD LIKE TO BEGIN WITH THE MACDINTON'S
01:52:01 CASE.
01:52:03 THE MACDINTON'S CASE, I BELIEVE ATTORNEY REBECCA JOHNS IS
01:52:09 ON THE SECOND FLOOR.
01:52:14 TAKE UP THE FIRST CASE NUMBER 67.
01:52:18 MACDINTON'S HEARING.
01:52:20 >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME FOR THE
01:52:23 RECORD.
01:52:28 THE MICROPHONE I BELIEVE IS MUTED.
01:52:30 WE CAN'T HEAR ANYTHING.
01:52:32 THEY'LL TURN IT ON FOR YOU.
01:52:36 IF WE CAN GET THE MICROPHONE ON FOR THE KIOSK ON THE
01:52:39 SECOND FLOOR?
01:52:41 >> CAN YOU HEAR ME?
01:52:58 >>GUIDO MANISCALCO: YES, WE CAN.
01:52:59 GO AHEAD.
01:53:00 >> REBECCA JOHNS, COUNSEL FOR SHANNON RESTAURANTS, LLC,
01:53:04 SHANNON PROPERTY GROUP, LLC, THE OWNERS AND OPERATORS OF
01:53:08 MACDINTON'S IRISH PUB.
01:53:12 WE ARE HERE TO ASK FOR A CONTINUANCE.
01:53:15 OUR CLIENT HAS YET TO ABOUT THIS HEARING DATE.
01:53:20 WE CONTACTED THE CITY ATTORNEY'S OFFICE AND WE HAVE NOT
01:53:23 HAD TIME TO PREPARE FOR THIS HEARING.
01:53:25 WE HAVE TALKED TO THE CITY ATTORNEY'S OFFICE ABOUT
01:53:27 POSSIBLY GOING FORWARD MARCH 8th.
01:53:29 >>SUSAN JOHNSON-VELEZ: SENIOR CITY ATTORNEY AGAIN.
01:53:37 JUST IN RESPONSE.
01:53:38 I WOULD LIKE TO ADVISE COUNCIL THAT WE DON'T BELIEVE THAT
01:53:41 THERE IS A NOTICE ISSUE.
01:53:42 WE BELIEVE THAT WE COMPLIED WITH THE NOTICE REQUIREMENTS
01:53:45 IN THE CODE.
01:53:46 HOWEVER, THIS IS A NOTICE ISSUE THAT'S UNIQUE TO THIS
01:53:51 PARTICULAR CASE, MACDINTON'S IRISH PUB. IN AN ABUNDANCE
01:53:55 OF CAUTION AND TO PROTECT THE RECORD AND AVOID THE
01:53:59 POSSIBILITY MUCH LITIGATION, WE WOULD NOT OBJECT TO A
01:54:01 CONTINUANCE TO THE MARCH 8th, 2021 HEARING DATE THAT
01:54:05 COUNCIL HAD PREVIOUSLY SET FOR FURTHER HEARINGS.
01:54:09 >>GUIDO MANISCALCO: YOU DO NOT OBJECT?
01:54:11 >>SUSAN JOHNSON-VELEZ: WE DO NOT OBJECT.
01:54:12 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS FROM
01:54:14 COUNCIL MEMBERS?
01:54:14 >>LUIS VIERA: SO MOVED IF I MAY FOR SECOND CONTINUANCE.
01:54:18 >>JOSEPH CITRO: I WILL SECOND.
01:54:21 MS. JOHNSON-VELEZ, HOW IS NOTICE GIVEN?
01:54:24 >>SUSAN JOHNSON-VELEZ: THE CODE REQUIRES THAT CERTIFIED
01:54:26 MAIL NOTICE BE REQUIRED BY THE -- PROVIDED BY THE CLERK
01:54:28 OF THE HEARING TO THE ALCOHOLIC BEVERAGE PERMIT HOLDER OR
01:54:34 LICENSE HOLDER AS WELL AS THE PROPERTY OWNER.
01:54:36 >>JOSEPH CITRO: DID WE RECEIVE A RECEIPT OF THOSE BEING
01:54:41 SIGNED FOR, CERTIFIED MAIL?
01:54:44 >>SUSAN JOHNSON-VELEZ: WE DID NOT.
01:54:46 WE MAILED THEM TO THE APPROPRIATE ADDRESSES.
01:54:48 I MEAN, I CAN GO OVER.
01:54:50 WE DID RECEIVE THOSE BACK.
01:54:52 ALTHOUGH WE DID SEND THEM TO ADDRESSES WHICH WE HAVE
01:54:56 CONFIRMED ARE THE ADDRESSES FOR THE BUSINESS
01:54:58 ESTABLISHMENTS.
01:55:00 >> RESENT THEM?
01:55:02 >>SUSAN JOHNSON-VELEZ: NO, NO, WE DID CONFIRM AND MS.
01:55:05 JOHNS, THE ATTORNEY WHO HAS JUST SPOKEN, DID CONFIRM WE
01:55:08 SENT THEM TO THE CORRECT ADDRESSES.
01:55:11 >>JOSEPH CITRO: IT'S JUST THAT NOBODY SIGNED THEM.
01:55:13 >>SUSAN JOHNSON-VELEZ: FOR WHATEVER REASON, THEY WERE
01:55:15 RETURNED.
01:55:15 >> MAY I ADD ONE MORE THING ABOUT THAT?
01:55:19 >>GUIDO MANISCALCO: YES, MA'AM, GO AHEAD.
01:55:20 >> AND THAT IS THE REASON WE BELIEVE IT WAS NOT A NOTICE
01:55:23 ISSUE IS THE CODE JUST LIKE IN REZONINGS, THE CODE ONLY
01:55:27 REQUIRES YOU TO MAIL THE NOTICES TO CERTAIN INDIVIDUALS
01:55:31 AT CERTAIN ADDRESSES.
01:55:33 AND WE DID COMPLY WITH THAT.
01:55:35 BUT FOR SOME REASON, THEIR POSITION IS THEY DID NOT
01:55:39 RECEIVE ANY OF THOSE.
01:55:41 WE CAN'T DETERMINE WHETHER OR NOT THAT WAS BECAUSE THEY
01:55:44 REFUSED TO SIGN, OR IF THE NOTICES WERE NEVER DELIVERED
01:55:48 TO THEM.
01:55:49 THAT'S WHY WE ARE SAYING IF THEY AGREE TO WAIVE NOTICE,
01:55:53 WE WOULD NOT OBJECT, AND THAT WAY WE DON'T HAVE TO
01:55:56 LITIGATION ABOUT THIS ISSUE DOWN THE LINE.
01:55:58 >>JOSEPH CITRO: THANK YOU.
01:56:00 I WAS JUST CHECKING ON NOTIFICATION.
01:56:02 THANK YOU.
01:56:02 >>BILL CARLSON: TO THE CITY ATTORNEY, IS YOUR
01:56:07 RECOMMENDATION TO DELAY IT OR IS IT POSSIBLE THAT WE
01:56:11 COULD GO AHEAD TODAY ANYWAY?
01:56:14 >>GINA GRIMES: I THINK IT WOULD BE OUR RECOMMENDATION --
01:56:17 >>SUSAN JOHNSON-VELEZ: I THINK IT WOULD BE OUR
01:56:19 RECOMMENDATION TO CONTINUE.
01:56:20 WE CERTAINLY DON'T OBJECT TO IT.
01:56:22 TO AVOID POSSIBLE FUTURE LITIGATION OVER A DUE PROCESS
01:56:25 ISSUE BECAUSE OF NOTICE.
01:56:27 >>GUIDO MANISCALCO: MR. SHELBY, I SEE YOU THERE.
01:56:29 GO AHEAD.
01:56:30 >>MARTIN SHELBY: CITY COUNCIL ATTORNEY.
01:56:33 I WOULD ASK THEN FOR THE PURPOSES OF THE RECORD AND THE
01:56:36 REQUEST FOR CONTINUANCE, AS MS. GRIMES ARTICULATED, A
01:56:41 WAIVER ON THE RECORD BY COUNCIL FOR MACDINTON'S OR THE
01:56:46 COMPANY REPRESENTING MACDINTON'S.
01:56:49 >> THIS IS REBECCA JOHNS AGAIN.
01:56:52 COUNCIL, FOR THE BUSINESS, AS WE STATED, WE SENT AN
01:56:56 E-MAIL ALSO TO THE CITY ATTORNEY'S OFFICE. IF THE
01:56:59 HEARING IS CONTINUED UNTIL MARCH 8th, WE WILL WAIVE
01:57:01 ANY OBJECTION THAT WE HAD FOR THE NOTICE.
01:57:03 >>GUIDO MANISCALCO: VERY GOOD.
01:57:05 COUNCILMAN CARLSON.
01:57:06 >>BILL CARLSON: QUESTION FOR THE CITY ATTORNEYS.
01:57:09 ARE WE ABLE TO ASK FOR COMPLIANCE DURING THAT TIME?
01:57:16 >>SUSAN JOHNSON-VELEZ: WE CERTAINLY EXPECT COMPLIANCE
01:57:19 DURING THIS TIME PERIOD.
01:57:22 >> WE HAVE BEEN ASKING FOR COMPLIANCE ALL ALONG SO I
01:57:27 THINK IT WOULD BE VERY WISE FOR THEM TO COMPLY.
01:57:30 >>MARTIN SHELBY: AND IF I CAN FOLLOW UP.
01:57:32 COUNCILMAN CARLSON, THERE IS A LEGAL OBLIGATION OF
01:57:34 CONTINUING COMPLIANCE IRRESPECTIVE OF THIS HEARING.
01:57:38 >>GUIDO MANISCALCO: OKAY.
01:57:40 COUNCILMAN VIERA.
01:57:41 >>LUIS VIERA: YES, SIR.
01:57:44 AND, I MEAN, WHETHER OR NOT THEY SHOULD HAVE SIGNED OR
01:57:48 THIS OR THAT, THE FACT IS THAT AN ATTORNEY IS ASKING FOR
01:57:52 A CONTINUANCE VERY LIKELY MEANS AN ATTORNEY IS NOT
01:57:54 PREPARED -- MAYBE SHOULD BE PREPARED, PROBABLY SHOULD BE,
01:58:00 I KNOW I WOULD BE, BUT JUST FOR MATTERS OF EQUITY GIVEN
01:58:03 THE ALLEGATION MADE BY THE APPLICANT, I'M FINE WITH
01:58:06 CONTINUING.
01:58:07 OUR ATTORNEY SAID SO LONG AS THERE'S A WAIVER OF NOTICE,
01:58:10 THERE'S NO PREJUDICE TO US WHATSOEVER, AND I'M FINE WITH
01:58:14 REMAKING MY MOTION.
01:58:16 >>GUIDO MANISCALCO: VERY GOOD.
01:58:16 COUNCILMAN VIERA MAKES THE MOTION.
01:58:18 >>JOSEPH CITRO: AND I STILL SECOND --
01:58:23 >>> AND THE SECOND FROM COUNCILMAN CITRO.
01:58:24 ALL IN FAVOR?
01:58:26 IS THERE ANY OPPOSITION?
01:58:27 >>MARTIN SHELBY: MR. CHAIRMAN, JUST FORTUNATE PURPOSES
01:58:30 OF MAKING THIS CLEAR, BECAUSE THIS IS A HYBRID MEETING,
01:58:33 DO A ROLL CALL VOTE, PLEASE.
01:58:35 >>GUIDO MANISCALCO: ROLL CALL VOTE.
01:58:37 >>LUIS VIERA: YES.
01:58:42 >>JOHN DINGFELDER: YES.
01:58:44 >>GUIDO MANISCALCO: YES.
01:58:47 >>BILL CARLSON: I OBJECT TO DELAYING IT BUT I ALWAYS
01:58:51 TAKE LEGAL COUNSEL SO I WILL SAY YES.
01:58:54 >>JOSEPH CITRO: YES.
01:58:57 >>CHARLIE MIRANDA: YES.
01:58:58 >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH
01:59:00 COUNCILMEMBER GUDES BEING ABSENT.
01:59:02 >>GUIDO MANISCALCO: OKAY.
01:59:05 WE THEN MOVE ON TO TANGRA.
01:59:08 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
01:59:13 THIS IS THE CASE FOR THE TANGRA ESTABLISHMENT AT 1611
01:59:17 EAST 7TH AVENUE.
01:59:20 THE CIRCUMSTANCES THAT ARE GIVING RISE TO THIS CASE
01:59:23 OCCURRED ON DECEMBER 19th OF 2020 AND DECEMBER
01:59:26 26th, 2020, AND THEY ARE DETAILED IN THE NOTICE OF
01:59:29 INTENT TO SUSPEND THE SALE OF ALCOHOLIC BEVERAGES DATED
01:59:32 JANUARY 7th, 2021 WHICH CAN BE FOUND AT TAB 1 OF YOUR
01:59:36 BINDERS.
01:59:37 AND I WILL NOW ASK CAMARIA PETTIS-MACKLE TO COME FORWARD
01:59:41 AND PRESENT THE TESTIMONY OF CODE INSPECTORS AND OTHER
01:59:45 ENFORCEMENT OFFICERS REGARDING THE NONCOMPLIANCE ON THOSE
01:59:51 DATES, AND THEN I WILL BE BACK TO SUM UP.
01:59:54 >>GUIDO MANISCALCO: OKAY.
02:00:14 >> LUKE LIROT: NOT TO INTERRUPT, BUT I WAS GOING TO TRY
02:00:17 TO MAKE POINT OF ORDER.
02:00:18 MY NAME IS LUKE LIROT, 2240 BELLEAIR ROAD, CLEARWATER,
02:00:22 FLORIDA.
02:00:22 I REPRESENT THE TANGRA.
02:00:23 AND BEFORE TAKING TESTIMONY, I ALSO WAS GOING TO TRY TO
02:00:27 ASK FOR A CONTINUANCE, BUT ON A COMPLETELY DIFFERENT
02:00:30 BASIS, IF I COULD ARTICULATE THAT BEFORE YOU ACTUALLY
02:00:33 TAKE TESTIMONY, THAT MIGHT BE MORE EFFICIENT.
02:00:35 >> GO AHEAD.
02:00:38 >> LUKE LIROT: THE PREDICATION FOR MOTION FOR
02:00:46 CONTINUANCE GOES BACK TO MY PRIOR APPEARANCE. TWO WEEKS
02:00:48 AGO ON ITEM 66 WHICH CANDIDLY I WATCHED COUNCIL, I
02:00:52 COMMEND YOU FOR YOUR TENACITY, BUT AT ABOUT 8:30 WHEN IT
02:00:56 WAS THE NEXT TO LAST ITEM, IT WAS TO ADDRESS HOW TO DEAL
02:00:59 WITH THESE KINDS OF HEARINGS.
02:01:01 AND I GOT THE IMPRESSION THAT THERE WAS SOME
02:01:04 CONSIDERATION THAT RATHER THAN THESE MATTERS BEING
02:01:08 BROUGHT BEFORE CITY COUNCIL THEY WOULD BE REFERRED TO
02:01:09 EITHER CODE ENFORCEMENT MASTER OR SOME KIND OF SPECIAL
02:01:13 MAGISTRATE TO ACTUALLY EVALUATE THE FACT OF THESE
02:01:19 INDIVIDUALS CASES TO FIND OUT WHETHER THERE'S BEEN A
02:01:21 PRIOR FINDING OF NONCOMPLIANCE BEFORE THE ACTUAL
02:01:24 PUNISHMENT COMES BEFORE THE BOARD.
02:01:27 SO WHAT WE HAVE HERE NOW IS THAT COUNCIL IS TO SIT AND
02:01:30 DECIDE WHETHER THERE'S BEEN A VIOLATION, AND THEN
02:01:32 AUTOMATICALLY ANSWER INTO THE SENTENCING PHASE WHICH
02:01:37 WOULD BE POSSIBLE SUSPENSION OF THE WET ZONING.
02:01:39 AND IT WAS OUR POSITION THAT THAN THE PLAIN LANGUAGE, AND
02:01:45 27-318-C-2 WHICH BRINGS US HERE TODAY AND WHICH THE
02:01:49 CIRCUIT COURT SAID BRINGING US HERE TODAY, YOU ARE HERE
02:01:51 AND YOU CAN HAVE A CONVICTION, WHICH MEANS A FINDING OF
02:01:55 GUILTY OR ENTERING A PLEA OF NOLO CONTENDERE, REGARDLESS
02:01:59 OF ADJUDICATION, OR VIOLATION OF MUNICIPAL COUNTY, AND IT
02:02:03 HAS TO BE A PRIOR FINDING.
02:02:05 SO YOU HAVE TO BE FOUND IN VIOLATION BEFORE WE ACTUALLY
02:02:08 GET HERE.
02:02:08 SO WE THINK IT'S HIGHLY IMPROPER THAT YOU WOULD HAVE US
02:02:12 HERE BOTH ON THE VIOLATION PHASE AND THE SENTENCING PHASE
02:02:16 AT THE SAME TIME.
02:02:18 AND I THOUGHT THAT THAT WOULD BE SOMETHING THAT WE
02:02:21 ARTICULATE CANDIDLY.
02:02:23 WE ARE FAMILIAR WITH THE ORDERS ISSUED ON THE PETITION
02:02:25 FOR WRIT OF CERTIORARI THAT WE RECEIVED, AND THE TIME FOR
02:02:30 MOTION FOR RECONSIDERATION WHICH WE ARE WORKING ON RIGHT
02:02:33 NOW HAS NOT EXPIRED, BUT IT WAS CERTAINLY MY POSITION
02:02:36 THAT TAKING A BETTER LOOK AT THIS AND ACTUALLY FINDING A
02:02:39 BOARD TO LISTEN TO THE FACTS AND EVIDENCE BEFORE THE
02:02:43 COUNCIL ACTUALLY IMPLEMENTS THE SENTENCE WOULD BE THE
02:02:45 PROPER PROCEDURE.
02:02:46 AND I THINK AGAIN IT'S BACK TO THE FUNDAMENTALS OF DUE
02:02:51 PROCESS SO THAT WOULD BE THE BASIS UPON WHICH WE ARE
02:02:53 SEEKING A CONTINUANCE.
02:02:54 YOU HAVE RESET THE MATTER OF ITEM 66 TO CONSIDER FINDING
02:02:59 A PROPER BOARD TO HEAR THESE VIOLATIONS.
02:03:01 THAT'S BEEN RESET TO MARCH, I BELIEVE TABLED TILL MARCH
02:03:05 4th.
02:03:05 I KNOW THERE ARE OTHER HEARINGS HAPPENING ON THAT DATE
02:03:07 BUT MY CONCERN WOULD BE ASSUME FOR THE SAKE OF DISCUSSION
02:03:11 THAT ON MARCH 4th THERE ARE A DETERMINATION THAT
02:03:15 THERE SHOULD BE SOME KIND OF INTERIM MAGISTRATE HEARING
02:03:18 THE FACTS AND EVIDENCE OF THESE CASES AND THEN
02:03:20 DETERMINING WHETHER OR NOT THERE'S BEEN A VIOLATION.
02:03:22 IF YOU DECIDE TO CHANGE IT THEN, THEN EVERYBODY ELSE WHO
02:03:26 HAS BEEN SUBJECTED TO THE PROCEDURES THAT I HAVE
02:03:29 ARTICULATED ARE CONCERNED WITH, WOULD BE TREATED
02:03:32 DIFFERENTLY.
02:03:32 AND I THINK EVERYBODY ON THE BOARD KNOWS THAT WOULD
02:03:35 CREATE A VERY SIGNIFICANT LEGAL ISSUE.
02:03:37 I JUST WANT TO SAY THAT EVERYBODY THAT I REPRESENT FROM
02:03:40 OUR RESEARCH AND THE EVIDENCE THAT WE PRESENTED, NOBODY
02:03:44 IS ACTING IRRESPONSIBLY.
02:03:45 NOBODY DOES NOT WANT TO COMPLY.
02:03:47 THEY WANT TO COMPLY ABSOLUTELY.
02:03:48 AND IF NECESSARY WE CAN SHOW THAT TODAY.
02:03:50 BUT I WOULD RATHER BE ABLE TO DO THAT IN A PROPER
02:03:54 MAGISTRATE SETTING AND THEN GO THROUGH THE FACTS OF THE
02:03:56 CASE.
02:03:56 BUT I THINK THAT'S A STRONG PROCEDURAL ARGUMENT.
02:03:59 I THINK THAT WOULD BE THE BASIS WE HAVE FOR CONTINUANCE
02:04:01 AND I WOULD RESPECTFULLY REQUEST THAT THE COUNCIL
02:04:04 CONSIDER DOING THAT.
02:04:05 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
02:04:06 SUSAN JOHNSON-VELEZ IS AT THE LECTERN AND THEN I WILL GO
02:04:09 TO COUNCILMEMBER DINGFELDER WHO HAS HIS HAND UP.
02:04:12 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
02:04:16 FIRST THING I WOULD LIKE TO NOTE IS THAT THE VERY
02:04:18 ARGUMENT THAT MR. LIROT MAKES --
02:04:21 >>JOHN DINGFELDER: POINT OF ORDER.
02:04:22 I APOLOGIZE, SUSAN.
02:04:24 I WANT THE RECORD TO BE 100% CLEAR.
02:04:27 THE CITY ATTORNEY'S ROLE IN THIS, AND MR. SHELBY, CITY
02:04:33 COUNCIL'S ATTORNEY'S ROLE, I DON'T THINK IT'S NECESSARILY
02:04:36 STATED YET, MS. GRIMES, UNLESS I MISSED SOMETHING.
02:04:39 BUT MR. SHELBY -- AND WE TALKED ABOUT THIS OFFLINE, JUST
02:04:44 ONE ON ONE BETWEEN YOU AND ME -- MR. SHELBY, WOULD YOU
02:04:48 LIKE TO SPEAK TO THE FACT THAT IN MY OPINION, YOU ARE
02:04:53 GIVING US ADVICE, MR. SHELBY, BECAUSE WE ARE SITTING IN A
02:04:57 QUASI-JUDICIAL CAPACITY AND IT'S YOUR RESPONSIBILITY, MR.
02:05:03 SHELBY, TO GIVE US ADVICE, N THAT REGARD, IT'S MS. GRIMES
02:05:08 AND HER STAFF'S RESPONSIBILITY TO HEAR THE CITY'S
02:05:12 POSITION, MORE OR LESS AS THE PROSECUTION.
02:05:18 UNLESS MR. SHELBY DISAGREES WITH THAT, I THINK IT'S
02:05:21 IMPORTANT TO CLARIFY THAT FOR ANYBODY DOWN THE ROAD THAT
02:05:23 MIGHT BE READING THIS THING.
02:05:25 SO I WILL BE GLAD TO LISTEN TO MS. GRIMES AND MR. SHELBY
02:05:28 ON THAT POINT.
02:05:29 >>MARTIN SHELBY: IF I CAN.
02:05:33 MARTIN SHELBY, CITY COUNCIL ATTORNEY.
02:05:35 COUNCILMAN DINGFELDER, YOU ARE CORRECT.
02:05:37 I AM SITTING HERE INDEPENDENT OF THE CITY ATTORNEY'S
02:05:43 OFFICE, AS CITY COUNCIL ATTORNEY, YOUR LEGAL ADVISER
02:05:47 PURSUANT TO THE CHARTER, AND MY ROLE HERE IS TO ADVISE
02:05:50 YOU ACCORDINGLY.
02:05:51 I AM NOT PROSECUTING THIS CASE.
02:05:53 THAT IS THE ROLE OF THE CITY ATTORNEY REPRESENTING
02:05:57 ADMINISTRATION AND ENFORCING THE CODE.
02:05:58 SO IN THAT SENSE, YES, I WANT TO BE CLEAR FOR THE RECORD
02:06:04 AND CLEAR TO EACH MEMBER OF CITY COUNCIL, THAT QUESTIONS
02:06:07 SUCH AS THIS, CERTAINLY YOU HAVE THE OPPORTUNITY TO HEAR
02:06:11 THE RECORD BEING MADE BY BOTH THE RESPONDENT AND BY THE
02:06:15 CITY, AND YOU CAN CERTAINLY TAKE THOSE UNDER ADVISEMENT.
02:06:18 BUT ULTIMATELY, THE CITY, TO BE CLEAR, IS ADVOCATING ITS
02:06:24 POSITION AND IT'S ALSO CITY COUNCIL'S DETERMINATION AND
02:06:26 MY ROLE AS YOUR LEGAL ADVISER INDEPENDENT OF THE ACTION
02:06:30 ITSELF TO ADVISE YOU ACCORDINGLY.
02:06:32 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
02:06:34 MS. JOHNSON-VELEZ.
02:06:35 >>JOHN DINGFELDER: MS. GRIMES, DO YOU WANT TO CONCUR FOR
02:06:40 THE RECORD?
02:06:41 >>GINA GRIMES: YES, I CONCUR.
02:06:42 >>GUIDO MANISCALCO: MS. JOHNSON-VELEZ.
02:06:45 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
02:06:49 SO FIRST OF ALL, AGAIN, LET ME JUST SAY THAT THE CITY
02:06:54 STANDS READY TO PROCEED WITH THIS CASE THIS AFTERNOON,
02:06:58 AND THE ARGUMENTS THAT MR. LIROT MADE WITH RESPECT TO THE
02:07:02 COUNTY COURT ACTION AND CITY COUNCIL PROCEEDING WITH
02:07:06 THESE HEARINGS THIS AFTERNOON WAS THE SUBJECT OF THE
02:07:09 WRITTEN PROHIBITION WHICH I JUST DESCRIBED TO YOU IN
02:07:13 WHICH TWO SEPARATE DIVISIONS OF THE CIRCUIT COURT HAVE
02:07:15 ISSUED ORDERS DENYING THE ARGUMENTS PRESENTED, AND WERE
02:07:20 REITERATED BY MR. LIROT JUST A FEW MOMENTS AGO.
02:07:23 SO THOSE WERE ADDRESSED BY THE CIRCUIT COURT IN DENYING
02:07:26 THOSE AND DETERMINE THAT CITY COUNCIL DOES HAVE
02:07:28 JURISDICTION TO PROCEED WITH THESE HEARINGS, AND THAT
02:07:31 COUNTY COURT ACTION IS NOT A PREREQUISITE TO CITY COUNCIL
02:07:36 PROCEEDING WITH THESE HEARINGS W.RESPECT TO THE
02:07:38 DISCUSSION THAT YOU WILL HAVE IN TWO WEEKS AS TO WHETHER
02:07:41 OR NOT TO TRANSITION THE 27-318 PROCESS INTO HEARINGS
02:07:50 BEFORE A HEARING OFFICER OR MAGISTRATE RATHER THAN CITY
02:07:53 COUNCIL, WHAT I WILL SAY IN THAT RESPECT IS THAT
02:07:55 CURRENTLY THE CODE AUTHORIZES CITY COUNCIL AND ONLY CITY
02:07:58 COUNCIL TO CONDUCT THE SUSPENSION HEARINGS.
02:08:02 EVEN SHOULD COUNCIL DECIDE TO RETURN TO A MAGISTRATE IN
02:08:08 THE FUTURE, AS YOU KNOW, THE CODE WOULD HAVE TO BE
02:08:12 AMENDED IN ORDER TO SET UP A DIFFERENT PROCESS, AND ALSO
02:08:17 NOTE THERE ARE CERTAIN SCHEDULES FOR PROCESSING OF CODE
02:08:22 DEFENDANTS, SO IT WOULD BE MONTHS FROM NOW BEFORE THAT
02:08:24 CHANGE IS MADE.
02:08:25 AND SO IN THE INTERIM, CITY COUNCIL IS THE AUTHORIZED
02:08:28 ENTITY THAT WOULD CONDUCT THESE HEARINGS.
02:08:31 I DON'T KNOW IF THE REQUEST ON THIS BASIS IS A DELIBERATE
02:08:35 ATTEMPT TO DELAY BUT IT CERTAINLY WOULD DELAY THESE
02:08:38 PROCEEDINGS FOR AN INDETERMINATE AMOUNT OF TIME UNTIL
02:08:40 LAND DEVELOPMENT CODE IS AMENDED TO REFLECT THAT CHANGE
02:08:44 IF COUNCIL EVEN DECIDES TO GO THAT OUT ROUTE.
02:08:46 FOR THAT REASON WE WOULD OBJECT TO THEIR REQUEST FOR THE
02:08:49 CONSEQUENCE ANSWER, AND AGAIN WE ARE READY TO PROCEED
02:08:52 THIS AFTERNOON.
02:08:53 >>GUIDO MANISCALCO: ALL RIGHT.
02:08:54 ANY QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS?
02:08:59 CITY COUNCIL DOES MAKE THE DECISION ON ALCOHOLIC BEVERAGE
02:09:02 PERMITS, CORRECT?
02:09:03 EVERYONE HAS TO COME BEFORE CITY COUNCIL.
02:09:04 >>SUSAN JOHNSON-VELEZ: THERE ARE CERTAIN ONES THAT ARE
02:09:09 ADMINISTRATIVELY APPROVED SUBJECT TO THE APPLICATIONS
02:09:13 MEETING CERTAIN CRITERIA THAT HAVE BEEN PREESTABLISHED BY
02:09:16 CITY COUNCIL.
02:09:17 HOWEVER, MOST OF THE OTHER ONES DO REQUIRE PUBLIC
02:09:23 HEARINGS BY CITY COUNCIL.
02:09:25 THAT IS CORRECT.
02:09:26 APPROVAL BY CITY COUNCIL.
02:09:27 >>GUIDO MANISCALCO: SO IF WE HAVE JURISDICTION TO
02:09:29 APPROVE THESE PERMITS, WHY WOULD WE NOT HAVE THE ABILITY
02:09:33 TO BE ON THE OTHER SIDE AS WE ARE IN THIS CASE?
02:09:40 >>SUSAN JOHNSON-VELEZ: I CERTAINLY AGREE WITH THAT.
02:09:41 AND THE CODE REGARDLESS OF HOW THEY ARE APPROVED, CITY
02:09:43 COUNCIL HAS JURISDICTION TO CONSIDER SUSPENSION OR
02:09:46 REVOCATION PURSUANT TO THIS SECTION OF THE CODE.
02:09:49 WHETHER IT'S THE ADMINISTRATIVE APPROVAL OR CITY COUNCIL
02:09:51 APPROVAL.
02:09:51 >>GUIDO MANISCALCO: OKAY.
02:09:53 COUNCILMAN DINGFELDER, I SEE YOUR HAND UP, SIR.
02:09:55 >>JOHN DINGFELDER: THANK YOU.
02:09:57 AND MR. LIROT, THANKS FOR YOUR ARGUE U.
02:10:02 MS. JOHNSON-VELEZ, THANK YOU FOR YOUR ARGUMENT.
02:10:05 I FOR ONE AGREE WITH MS. GRIMES, AND MS. JOHNSON-VELEZ'S
02:10:09 POSITION ON THIS PROCEDURAL ISSUE.
02:10:12 WE HAVE A PROCEDURE THAT'S IN FORCE RIGHT NOW.
02:10:16 IT'S BEEN CHALLENGED UP TO THE SECOND DCA AND THEY HAVE
02:10:19 REJECTED IT.
02:10:20 THE CHALLENGE, I BELIEVE, THAT WE ARE IN PERFECTLY GOOD
02:10:24 JURISDICTION TO MOVE FORWARD AND I THINK WE SHOULD.
02:10:27 >>MARTIN SHELBY: IF I CAN.
02:10:30 MARTIN SHELBY, CITY COUNCIL ATTORNEY. WITH REGARD TO THE
02:10:32 ORDERS THAT HAVE BEEN MENTIONED, THOSE ORDERS WERE
02:10:35 FORWARDED BY ME TO CITY COUNCIL, AND MY UNDERSTANDING IS
02:10:39 THAT THEY HAVE BEEN UPLOADED AND MADE PART OF THE RECORD.
02:10:43 WITH REGARD TO WHAT CITY COUNCIL MAY OR MAY NOT DO IN THE
02:10:48 FUTURE, THAT IS, NUMBER ONE, A LEGISLATIVE MATTER, AND
02:10:53 NUMBER TWO, IT IS PURE SPECULATION AS TO WHAT ACTION CITY
02:10:58 COUNCIL MAY OAR MAY NOT CONTEMPLATE IF THAT ITEM EVEN IN
02:11:01 FACT REMAINS ON THE AGENDA AS OF THAT DATE.
02:11:03 SO IT WOULD BE MY POSITION IS THAT IF IT'S CLEAR THAT
02:11:07 CITY COUNCIL HAS THE CURRENT AND PRESENT JURISDICTION TO
02:11:10 BE ABLE TO MOVE FORWARD IF THAT'S ITS PLEASURE, AND THAT
02:11:13 WOULD BE MY SUGGESTION.
02:11:14 >>GUIDO MANISCALCO: ALL RIGHT.
02:11:17 THEN LET'S CONTINUE.
02:11:18 >>SUSAN JOHNSON-VELEZ: I WILL ASK CAMARIA PETTIS-MACKLE
02:11:27 TO COME FORWARD.
02:11:29 >>CAMARIA PETTIS-MACKLE: CITY ATTORNEY'S OFFICE.
02:11:34 ASSISTANT CITY ATTORNEY.
02:11:36 WE ARE FOCUSED ON ITEM NUMBER 68, WHICH IS IN REGARD TO
02:11:41 TANGRA.
02:11:42 THE FIRST WITNESS I WOULD LIKE TO CALL IS CARMEN MARCANO.
02:11:47 >> GOOD AFTERNOON.
02:12:00 CODE ENFORCEMENT.
02:12:01 >> CAN YOU PLEASE STATE AGAIN FOR THE RECORD WHERE ARE
02:12:04 YOU EMPLOYED?
02:12:05 >> CITY OF TAMPA.
02:12:07 >> WHAT IS YOUR ROLE WITH THE CITY OF TAMPA?
02:12:09 >> I'M A CERTIFIED CLERICAL OFFICER.
02:12:13 >>CAMARIA PETTIS-MACKLE: I AM GOING TO DRAW YOUR
02:12:15 ATTENTION TO JUNE 25th MUCH 2020.
02:12:17 WERE YOU WORKING THAT DAY?
02:12:18 >> YES.
02:12:18 >> DID YOU HAVE A CHANCE TO RESPOND TO A RESTAURANT
02:12:21 TANGRA WITH THE ADDRESS OF 1611 EAST 7TH AVENUE?
02:12:25 >> YES.
02:12:26 >> AND WHAT WAS YOUR ROLE?
02:12:27 CAN YOU EXPLAIN TO CITY COUNCIL WHAT YOUR ROLE WAS WHEN
02:12:30 YOU RESPONDED TO THAT ADDRESS?
02:12:31 >> THE NIGHT THAT WE WERE OUT MEANING MYSELF AND MY
02:12:35 PARTNER, WE WERE THERE TO EDUCATE.
02:12:36 THERE WAS A SOFT OPENING OF THE CITY OPENING BUSINESSES
02:12:42 AND WE WENT TO EDUCATE THEM.
02:12:45 >> WHEN YOU SAY YOU WERE THERE TO EDUCATE, CAN YOU
02:12:47 ELABORATE FOR CITY COUNCIL WHAT YOU EDUCATED THE
02:12:50 RESTAURANT ABOUT?
02:12:52 >> WE EDUCATED THEM ABOUT CAPACITY, AND MASK ORDINANCE.
02:12:58 >>CAMARIA PETTIS-MACKLE: AND WHO DID YOU -- DO YOU
02:13:01 REMEMBER, DO YOU RECALL WHO YOU SPOKE WITH, AN OWNER OR
02:13:04 MANAGER?
02:13:05 >> THERE WERE MANAGERS.
02:13:07 WE SPOKE TO TWO PEOPLE.
02:13:13 >>CAMARIA PETTIS-MACKLE: THANK YOU.
02:13:14 I HAVE NO FURTHER QUESTIONS FOR THIS WITNESS.
02:13:15 THE NEXT WITNESS I WOULD LIKE TO CALL IS INSPECTOR RYAN
02:13:20 SHEPHERD.
02:13:29 CAN YOU PLEASE INTRODUCE YOURSELF TO CITY COUNCIL MEMBERS
02:13:34 AND CITY COUNCIL, PLEASE?
02:13:36 >> MY NAME IS RYAN SHEPHERD --
02:13:38 >>JOHN DINGFELDER: POINT OF ORDER.
02:13:40 POINT OF PROCEDURE.
02:13:41 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
02:13:42 >>JOHN DINGFELDER: I HAVEN'T DONE MANY OF THESE SO
02:13:48 THAT'S MY REASON FOR ASKING THE QUESTION.
02:13:51 DOES OPPOSING COUNCIL HAVE AN OPPORTUNITY TO
02:13:56 CROSS-EXAMINATION IMMEDIATELY, OR DO THESE FOLKS STICK
02:13:59 AROUND AND BE AVAILABLE FOR CROSS-EXAMINATION?
02:14:02 >>MARTIN SHELBY: MARTIN SHELBY, CITY COUNCIL ATTORNEY.
02:14:05 I WAS JUST CONTEMPLATING THAT MYSELF.
02:14:09 IT WOULD BE APPROPRIATE CERTAINLY FOR THE RESPONDENT AT
02:14:15 SOME POINT TO CERTAINLY HAVE THE OPPORTUNITY TO
02:14:18 CROSS-EXAMINE IF THAT'S THE DESIRE.
02:14:23 SHOULD WE HAVE THAT DISCUSSION NOW PERHAPS AND GET THAT
02:14:25 CLEARED FOR BOTH HEARINGS AND SEE HOW WE SHOULD MOVE
02:14:28 FORWARD?
02:14:29 >>CAMARIA PETTIS-MACKLE: CITY ATTORNEY'S OFFICE.
02:14:32 IF THE RESPONDENT WOULD LIKE TO CROSS-EXAMINE EACH
02:14:35 WITNESS ONE BY ONE, THE CITY IS CERTAINLY OPEN TO THAT.
02:14:39 OR THE WITNESSES FROM THE CITY CAN WAIT ON THE SECOND
02:14:45 FLOOR TO SEE IF THE RESPONDENT WOULD LIKE TO
02:14:48 CROSS-EXAMINE AFTER I COMPLETE ALL OF THE TESTIMONY OF
02:14:50 THE WITNESSES.
02:14:51 >>MARTIN SHELBY: IF WE COULD HEAR FROM THE ATTORNEY,
02:14:57 PLEASE.
02:14:58 >>GUIDO MANISCALCO: MR. LIROT.
02:14:59 >> I THINK IT WOULD BE MOST EFFICIENT AND LOGICAL IF WE
02:15:02 JUST HIGH PRESSURE CROSS-EXAMINATION AFTER THE DIRECT
02:15:05 TESTIMONY OF EACH WITNESS, IF THAT PLEASES THE COUNCIL.
02:15:08 >>MARTIN SHELBY: AFTER EACH WITNESS.
02:15:10 OKAY.
02:15:12 ANY QUESTIONS OR COMMENTS ON THAT?
02:15:17 AFTER LEGAL ASKS THE QUESTIONS, WE ASK THE QUESTIONS?
02:15:21 ALL RIGHT.
02:15:21 HEARING NO OBJECTION, WE'LL CONTINUE.
02:15:23 >>MARTIN SHELBY: IF I CAN.
02:15:24 I'M SORRY.
02:15:24 I WANT TO BE CLEAR I UNDERSTAND IT.
02:15:26 I BELIEVE MR. LIROT SAID WANTED THE OPPORTUNITY AFTER --
02:15:31 MR. LIROT, CAN YOU HEAR ME?
02:15:33 >> YES, I CAN, MR. SHELBY.
02:15:36 >>MARTIN SHELBY: THANK YOU, SIR.
02:15:37 IS IT YOUR INTENTION THEN TO BE ON STANDBY AFTER EACH
02:15:40 WITNESS TO THEN CROSS-EXAMINE THEM INDIVIDUALLY?
02:15:44 OR WAIT UNTIL THE CASE IN CHIEF IS PRESENTED AND THEN
02:15:47 CALL -- RECALL WITNESSES?
02:15:49 WHAT WAS YOUR DESIRE?
02:15:50 >> I WOULD LIKE TO CROSS-EXAMINE THE WITNESSES AFTER
02:15:53 THEIR TESTIMONY TO SEQUENTIALLY SO WE CAN FREE THEM UP
02:15:56 FOR THE DAY.
02:15:57 >>MARTIN SHELBY: THANK YOU.
02:15:58 >>CAMARIA PETTIS-MACKLE: IS THERE ANY CROSS-EXAMINATION
02:16:03 OF THE FIRST WITNESS THAT THE CITY HAS ALREADY CALLED?
02:16:08 >> AND THAT VISIT PREDATES THE MAYOR'S ORDER, I DON'T
02:16:11 HAVE ANY RELEVANCE TO THAT SO I AM NOT TO ASK HER ANY
02:16:15 QUESTIONS.
02:16:15 >>CAMARIA PETTIS-MACKLE: I AM GOING TO PROCEED IF I MAY.
02:16:20 >>GUIDO MANISCALCO: PLEASE GO AHEAD.
02:16:21 >>CAMARIA PETTIS-MACKLE: I'M SORRY, INSPECTOR SHEPHERD?
02:16:24 I AM GOING TO DRAW YOUR ATTENTION TO DECEMBER 19th OF
02:16:27 2020.
02:16:28 CAN YOU STATE, WERE YOU EMPLOYED ON THAT DATE?
02:16:31 >> YES.
02:16:33 WE WERE DEPLOYED IN TEAMS TO YBOR CITY.
02:16:36 >>CAMARIA PETTIS-MACKLE: AND DID YOU SPECIFICALLY
02:16:38 RESPOND TO TANGRA WHICH IS LOCATED AT 1611 EAST 7TH
02:16:40 AVENUE?
02:16:42 >> YES.
02:16:43 >>CAMARIA PETTIS-MACKLE: WHAT WAS YOUR ROLE WHEN YOU
02:16:45 RESPONDED TO THAT LOCATION?
02:16:46 >> WE WERE THERE TO OBSERVE ANY VIOLATIONS, ONCE WE
02:16:50 ENTERED THE ESTABLISHMENT.
02:16:53 >>CAMARIA PETTIS-MACKLE: DID YOU MAKE ANY CONTACT WITH
02:16:55 ANYONE, INSPECTOR SHEPHERD, WHILE YOU WERE THERE?
02:16:58 >> BE YES.
02:16:59 CHRIS, THE GENERAL MANAGER.
02:17:00 >>CAMARIA PETTIS-MACKLE: WHILE YOU WERE THERE, DID YOU
02:17:04 DOCUMENT YOUR OBSERVATIONS BY TAKING PHOTOGRAPHS?
02:17:08 >> YES.
02:17:09 I DID TAKE PHOTOGRAPHS.
02:17:11 >>CAMARIA PETTIS-MACKLE: CAN YOU EXPLAIN TO CITY COUNCIL
02:17:12 WHAT YOUR OBSERVATIONS WERE AT THE ESTABLISHMENT WHEN YOU
02:17:15 APPEARED AT THE TANGRA LOCATION?
02:17:18 >> RIGHT WHEN WE ENTERED, CHRIS WAS THERE.
02:17:21 HE ACTUALLY WALKED WITH US ON THE FIRST FLOOR.
02:17:26 WE WENT THROUGH EACH FLOOR AND I EXPLAINED TO HIM WHAT
02:17:29 WERE THE VIOLATIONS FROM THE GIRLS DANCING WITHOUT MASKS,
02:17:35 THE ABUNDANCE OF PEOPLE THAT WERE CROWDED ON THE SECOND
02:17:38 FLOOR.
02:17:40 >>CAMARIA PETTIS-MACKLE: FOR THE RECORD, I AM GOING TO
02:17:42 SHOW THESE WITNESS PHOTOGRAPHS THAT DO APPEAR IN SECTION
02:17:47 6 OF ALL OF YOUR BINDERS.
02:17:56 INSPECTOR SHEPHERD, DO YOU RECOGNIZE THE PHOTOGRAPHS
02:18:01 APPEARING ON THE ELMO?
02:18:02 >> YES, I DID TAKE THAT PICTURE.
02:18:05 >>CAMARIA PETTIS-MACKLE: CAN YOU DESCRIBE TO CITY
02:18:06 COUNCIL WHAT THIS PHOTOGRAPH REPRESENTS?
02:18:09 >> YES.
02:18:10 A LARGE NUMBER OF PEOPLE AROUND, THERE'S A BAR, BASICALLY
02:18:17 CONGREGATING.
02:18:19 >>CAMARIA PETTIS-MACKLE: WHEN YOU TOOK THIS PHOTOGRAPH,
02:18:21 DID YOU OBSERVE ANY INDIVIDUALS WITHOUT MASKS?
02:18:23 >> YES, I DID, AND I ALSO POINTED OUT TO CHRIS AND SAID
02:18:27 THAT THEY ALL HAD TO BE SEATED AS WELL.
02:18:30 >>CAMARIA PETTIS-MACKLE: JUST FOR THE RECORD TO CLARIFY
02:18:32 THE SCENE OF THE -- DATE OF THE PHOTOGRAPH IS DECEMBER 19
02:18:36 OF 2020.
02:18:38 THIS PHOTOGRAPH IS LOCATED IN SECTION 6 OF EACH OF YOUR
02:18:41 BINDERS.
02:18:42 WHAT IS ALSO -- CAN YOU EXPLAIN TO CITY COUNCIL WHAT IS
02:18:45 DEPICTED IN THIS PHOTOGRAPH?
02:18:46 >> YES, THIS IS ANOTHER LEVEL OF THE CLUB.
02:18:49 I COULD BARELY WALK THROUGH THERE WITH THE NUMBER OF
02:18:52 PEOPLE.
02:18:53 AS YOU CAN SEE, IN THE PHOTOGRAPH, THERE ARE SEVERAL
02:18:57 WITHOUT MASKS.
02:18:58 I DID MAKE A COUPLE OF HAND MOTIONS TO SOME OF THE PEOPLE
02:19:01 TO PUT THE MASKS ON.
02:19:05 >>CAMARIA PETTIS-MACKLE: INSPECTOR SHEPHERD, WHILE YOU
02:19:07 WERE AT THE TANGRA LOCATION ON DECEMBER 19th OF 2020,
02:19:10 DID YOU SEE ANY STAFF MEMBERS ENCOURAGE INDIVIDUALS WHO
02:19:14 WEREN'T WEARING MASKS TO PUT ON MASKS?
02:19:18 >> YES, THERE WAS EMPLOYEES --
02:19:21 >>CAMARIA PETTIS-MACKLE: NO, I APOLOGIZE, DID YOU SEE
02:19:24 ANY EMPLOYEES OR STAFF MEMBERS ENCOURAGE INDIVIDUALS WHO
02:19:27 WERE NOT WEARING MASKS TO PUT ON MASKS?
02:19:29 >> NO.
02:19:31 >>CAMARIA PETTIS-MACKLE: DID YOU SEE ANY OF THE
02:19:32 EMPLOYEES OR STAFF MEMBERS HAND OUT MASKS TO THE
02:19:35 INDIVIDUALS WHO WERE NOT WEARING MASKS?
02:19:37 >> NO, WE ACTUALLY SUPPLIED THEM A COUPLE PACKS OF MASKS.
02:19:41 >>CAMARIA PETTIS-MACKLE: BUT DID YOU NOT SEE THEM HAND
02:19:43 OUT ANY MASKS TO PEOPLE, INDIVIDUALS WITHOUT WEARING
02:19:46 MASKS?
02:19:46 >> NOT WHEN I WAS THERE.
02:19:48 >>CAMARIA PETTIS-MACKLE: I'LL PASS THE WITNESS.
02:19:59 >>LUKE LIROT: I'LL KEEP MY MASK ON.
02:20:01 GOOD TO SEE YOU AGAIN.
02:20:03 OUT THERE ON DECEMBER 19, 2020.
02:20:06 >> YES.
02:20:07 >> WHAT TIME DID YOU GET THERE?
02:20:09 >> IT WAS RIGHT AROUND 2:15, 2:30 WHEN WE ORIGINALLY GOT
02:20:12 DOWN TO YBOR.
02:20:13 >> DID YOU SEE ANY SIGNS AS REQUIRED BY THE EXECUTIVE
02:20:17 ORDER?
02:20:19 >> YES.
02:20:22 >> WHEN YOU ENTERED THE PREMISES.
02:20:24 >> YES, THERE IS A SIGN ON THE DOOR WHEN YOU WALK IN.
02:20:27 >> AND IT'S A PRETTY BIG SIGN, ISN'T IT?
02:20:29 >> YES.
02:20:30 >> AND AS FAR AS THE ANNOUNCEMENTS, DID YOU HEAR
02:20:37 ANNOUNCEMENTS?
02:20:37 >> CHRIS THE GENERAL MANAGER SAID HE HAD BEEN MAKING
02:20:41 SEVERAL ANNOUNCEMENTS.
02:20:44 >> SO YOU HAVE NO REASON TO DISPUTE WHETHER THEY WERE
02:20:46 MAKING ANNOUNCEMENTS?
02:20:47 >> I DID NOT HEAR ANY AT THE TIME.
02:20:49 >> HOW LONG WERE YOU THERE?
02:20:51 >> WELL, WE WALKED THE HALLS, ALL THE FLOORS, SO WE WERE
02:20:55 THERE FOR A GOOD 20 MINUTES, AND THEN WE WERE OUTSIDE,
02:20:59 AND TALKED OUTSIDE.
02:21:06 >> GETTING SOME FEEDBACK HERE.
02:21:08 SO DID YOU SEE ANY EMPLOYEES NOT WEAR MASKS?
02:21:12 >> THERE WAS ONE DOWNSTAIRS.
02:21:14 I MADE A GESTURE LIKE THAT TO PUT ON HIS MASK, BELOW HIS
02:21:19 CHIN.
02:21:20 THE ONES THAT I SAW ON THE SECOND FLOOR, THEY DID HAVE
02:21:22 MASKS ON.
02:21:22 >> AND AS FAR AS AFTER YOU THE 20 MINUTES THAT YOU WERE
02:21:28 THERE, YOU DON'T HAVE ANY PERSONAL KNOWLEDGE THAT ANYBODY
02:21:30 ASSOCIATED WITH THE TANGRA ASKED ANYBODY TO PUT MASKS ON?
02:21:33 >> CORRECT.
02:21:34 >> IF YOU HAD TO GIVE A PERCENTAGE, WHAT PERCENTAGE OF
02:21:37 THE PATRONS DO YOU THINK MIGHT HAVE BEEN WITHOUT MASKS IN
02:21:41 THE 20 MINUTES THAT YOU WERE THERE?
02:21:43 >> FOR THE ENTIRE BUILDING?
02:21:45 OR BY FLOOR?
02:21:47 >> SURE.
02:21:48 >> I WOULD -- A GOOD AMOUNT.
02:21:51 I WOULD HAVE TO SAY BETWEEN 40, 45%.
02:21:54 >> AND WHEN IS THE LAST TIME YOU WERE THERE?
02:21:59 >> A COUPLE OF WEEKS AGO.
02:22:04 >> AND DID YOU HAVE AN OPPORTUNITY TO GO TO THE TANGRA A
02:22:07 COUPLE OF WEEKS AGO?
02:22:09 >>CAMARIA PETTIS-MACKLE: I WOULD OBJECT.
02:22:11 I WOULD OBJECT TO ASKING THE WITNESS OUTSIDE OF THE SCOPE
02:22:14 OF THE DATE OF THE VIOLATION WHICH IS DECEMBER 19th
02:22:17 OF 2020.
02:22:20 AS IT'S NOT RELEVANT.
02:22:22 >> WELL, MAY I RESPOND TO THE OBJECTION?
02:22:28 >>GUIDO MANISCALCO: GO AHEAD, SIR.
02:22:29 >> THE NATURE OF THE REQUIREMENT IS THAT PEOPLE MAKE
02:22:33 REASONABLE EFFORTS TO REQUIRE ALL PERSONS WITHIN SUCH
02:22:36 LOCATIONS TO WEAR FACE COVERINGS.
02:22:40 IF WITHIN A FEW WEEKS LATER OR RECENTLY DEALING WITH THE
02:22:43 ALLEGATIONS THAT MY CLIENTS HAVE BEEN IRRESPONSIBLE AND
02:22:46 ALL OF THESE OTHER COMMENTS, I THINK THAT I AM ABLE TO,
02:22:53 AND AGAIN, ACKNOWLEDGING THAT THE RULES OF EVIDENCE ARE
02:22:55 RELAXED IN QUASI-ADMINISTRATIVE DECISIONS BEFORE THE
02:22:58 BOARD AND THE COUNCIL, I CAN CERTAINLY ASK HIM IF HE'S
02:23:01 SEEN ANY IMPROVEMENT.
02:23:02 >>MARTIN SHELBY: IF I CAN, MR. CHAIRMAN, MARTIN SHELBY.
02:23:08 MR. LIROT, I THINK THAT WOULD BE PERHAPS MORE APPROPRIATE
02:23:11 AS PERHAPS A MITIGATING FACTOR IN CASE COUNCIL DOES MAKE
02:23:15 A FINDING BUT AT THIS POINT IN TIME I WOULD SAY THAT THAT
02:23:18 WOULD PROBABLY BE MOST EFFECTIVE AT A LATER PHASE IF
02:23:23 THERE IS ONE.
02:23:23 >> SO I AM BEING PREVENTED FROM ASKED ASKING THE EVIDENCE
02:23:29 FOR THE BEST EVIDENCE ON THIS?
02:23:31 >>LUIS VIERA: POINT OF ORDER IF I MAY.
02:23:33 JUST OUT OF CURIOSITY.
02:23:35 AND THAT'S A GOOD QUESTION THAT COUNSEL BRINGS UP WHICH
02:23:37 IS WHO DETERMINES IN THESE KIND OF HEARINGS OBJECTIONS?
02:23:41 WHEN I USED TO SERVE ON THE CIVIL SERVICE REVIEW BOARD,
02:23:45 COUNCIL WOULD MAKE AN OBJECTION AND IT WOULD BE DULY
02:23:48 NOTED AND THEN THE BODY OH COULD WEIGH THE EVIDENCE,
02:23:51 TAKING INTO ACCOUNT THE OBJECTION ON RELEVANCY.
02:23:55 PROBABLY I THINK THE BETTER WAY GIVEN THE FACT THAT THE
02:23:57 RULES OF EVIDENCE AND WHATNOT ARE RELAXED FOR THIS, BUT I
02:24:01 DON'T KNOW --
02:24:07 >>MARTIN SHELBY: AS MR. LIROT STATES, THIS IS NOT THE
02:24:11 RULES OF EVIDENCE STRICTLY FOLLOWED, IT'S A
02:24:13 QUASI-JUDICIAL MATTER.
02:24:14 SO THAT BEING NOTED FOR THE RECORD, I BELIEVE THEN IT
02:24:18 WOULD BE APPROPRIATE TO PROCEED AS YOU IN FACT RECOMMEND.
02:24:22 I WOULD AGREE.
02:24:22 >>LUIS VIERA: THANKS.
02:24:24 >>MARTIN SHELBY: SO IF YOU WISH TO MAKE YOUR CASE FOR
02:24:28 THE RECORD, IF YOU FEEL THAT IS NECESSARY, OBJECTION IS
02:24:31 NOTED.
02:24:32 >> THEN I WILL ASK THIS WITNESS TO PROFFER HIS RESPONSE
02:24:35 TO MY QUESTION.
02:24:36 ON THE DATES YOU WERE THERE LATER, DID YOU SEE ANY
02:24:38 INCREASE IN COMPLIANCE IN THE ISSUES REQUIRED BY THE
02:24:43 MAYOR'S EXECUTIVE ORDER?
02:24:47 >> ABOUT A WEEK PRAYER TO THE SUPER BOWL WAS THE LAST
02:24:50 TIME I WENT IN TO TANGRA, AND WHAT THEY DID WAS THEY JUST
02:24:54 KEPT THE TOP BAR OPEN, WHICH IS AN OPEN ROOF, AND THE
02:24:57 BOTTOM FLOOR, AND AT THAT TIME --
02:25:00 >> SO THAT'S A YES?
02:25:02 >> YES.
02:25:03 >> THANK YOU VERY MUCH, SIR.
02:25:03 I HAVE NO FURTHER QUESTIONS.
02:25:07 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
02:25:08 >>CAMARIA PETTIS-MACKLE: THE NEXT WITNESS THE CITY WOULD
02:25:09 LIKE TO CALL IS ASHLEY ALVAREZ.
02:25:13 >>MARTIN SHELBY: MR. CHAIRMAN, IF I CAN, JUST TAKE THIS
02:25:15 OPPORTUNITY TO ALLOW, BEFORE THE NEXT WITNESS COMES IN,
02:25:19 EXCUSE ME, IF YOU CAN, BEFORE YOU BEGIN, TO ALLOW THE
02:25:24 STAFF TO BE ABLE TO DISINFECT THAT LECTERN BETWEEN
02:25:29 SPEAKERS, AND TO PRACTICE TO THE DEGREE THEY CAN SOCIAL
02:25:33 DISTANCING, BUT CERTAINLY TO ALLOW, BEFORE EACH WITNESS
02:25:37 COMES IN, TO HAVE THE JANITORIAL STAFF DO WHAT THEY ARE
02:25:41 SUPPOSED TO DO.
02:25:42 >>GUIDO MANISCALCO: IF WE COULD.
02:25:43 THERE WE GO. PERFECT.
02:25:45 AFTER EVERY SPEAKER WE ARE GOING TO SANITIZE THE
02:25:48 MICROPHONE.
02:25:52 >>LUIS VIERA: AND IT'S SOMETHING WE ALL RECOGNIZE BUT
02:25:56 ALL OF OUR CODE ENFORCEMENT PEOPLE, THANK YOU FOR THE
02:25:59 WORK YOU DO.
02:26:00 WE OFTEN CITE POLICE AND FIRE AND SANITATION WHEN IT
02:26:03 COMES TO BEING OUR FRONT LINE WORKERS BUT IT'S OBVIOUSLY
02:26:06 GOING INTO SITUATIONS WHERE THERE'S A LOT OF PEOPLE, AND
02:26:09 THIS HAD NO BEARING ON THIS CASE AT ALL.
02:26:12 BUT WE JUST WANTED TO JUST SAY THANK YOU FOR ALL YOUR
02:26:14 WORK.
02:26:16 THANK YOU.
02:26:17 >>MARTIN SHELBY: AND IF WE CAN, MR. CHAIRMAN, JUST FOR
02:26:19 THE PURPOSES OF PROCESS, DURING THE RECORD AND DURING THE
02:26:24 HEARINGS, HAVE THE WITNESSES SWORN.
02:26:27 AND I BELIEVE IT WOULD BE APPROPRIATE TO SWEAR THEM IN
02:26:29 INDIVIDUALLY FOR PURPOSES OF SOCIAL DISTANCING AND THE
02:26:33 LIKE.
02:26:39 DID YOU WANT TO MAKE ANY COMMENT WITH REGARD TO HOW WE
02:26:41 MOVE FORWARD OR HOW WE GO BACK IF WE NEED TO?
02:26:44 >>GUIDO MANISCALCO: SWEAR IN ALL THE WITNESSES?
02:26:46 >>CAMARIA PETTIS-MACKLE: CITY ATTORNEY'S OFFICE.
02:26:48 I DID ASK FOR THE WITNESSES THAT WERE JUST PREVIOUSLY
02:26:52 CALLED, CARMEN MARCANO TO GO BACK TO THE SECOND FLOOR, IF
02:27:00 THE TESTIMONY THEY GAVE WAS TRUE AND ACCURATE SO I AM
02:27:03 JUST WAITING FOR THEM TO GO BACK.
02:27:05 BUT I SEE MY NEXT WITNESS IS AVAILABLE SO WE COULD
02:27:07 PROCEED AND THEN JUST GO BACK.
02:27:09 >>GUIDO MANISCALCO: DO WE SWEAR HER IN NOW?
02:27:11 >>CAMARIA PETTIS-MACKLE: YES.
02:27:12 >>GUIDO MANISCALCO: PLEASE RAISE YOUR RIGHT HAND, ALL
02:27:14 THREE.
02:27:15 SURE.
02:27:25 (OATH GIVEN)
02:27:28 >>GUIDO MANISCALCO: PROCEED WITH YOUR WITNESS.
02:27:30 >>CAMARIA PETTIS-MACKLE: CAN YOU PLEASE STATE YOUR NAME
02:27:32 FOR THE RECORD?
02:27:32 >> ASHLEY ALVAREZ.
02:27:37 >> WHAT IS YOUR ROLE WITH THE CITY OF TAMPA?
02:27:39 >> CERTIFIED CODE ENFORCEMENT OFFICER.
02:27:41 >> I WOULD LIKE TO DRAW YOUR ATTENTION TO DECEMBER
02:27:43 26th OF 2020.
02:27:45 WERE YOU A PART OF A TASK TEAM TO ADDRESS MASK
02:27:49 ENFORCEMENT?
02:27:50 >> YES.
02:27:51 >>CAMARIA PETTIS-MACKLE: DID YOU RESPOND TO THE PROPERTY
02:27:53 LOCATED AT 1611 EAST 7TH AVENUE ALSO KNOWN AS TANGRA?
02:28:00 >> YES.
02:28:01 >>CAMARIA PETTIS-MACKLE: CAN YOU DESCRIBE TO CITY
02:28:02 COUNCIL WHAT YOUR OBSERVATIONS WERE WHEN YOU RESPONDED TO
02:28:04 THAT LOCATION ON DECEMBER 26, 2020?
02:28:07 >> WE SAW -- NOT WEARING MASKS STANDING ON THE DANCE
02:28:16 FLOOR, NOT SEATED.
02:28:19 >>CAMARIA PETTIS-MACKLE: AND DID YOU DOCUMENT YOUR
02:28:21 OBSERVATIONS?
02:28:22 >> YES.
02:28:25 >>CAMARIA PETTIS-MACKLE: AND I'M SHOWING JUST FOR THE
02:28:27 RECORD, COUNCIL MEMBERS, ALSO PHOTOGRAPHS THAT ARE IN
02:28:31 SECTION 6 OF YOUR BINDERS.
02:28:36 ON DECEMBER 2020, CAN YOU DESCRIBE TO CITY COUNCIL WHAT
02:28:43 IS DEPICTED IN THIS PHOTOGRAPH?
02:28:45 >> THERE ARE MULTIPLE PEOPLE NOT WEARING MASKS WHILE
02:28:48 STANDING.
02:28:49 >>CAMARIA PETTIS-MACKLE: ALSO THIS PICTURE IN SECTION 6
02:28:55 OF THE BINDERS,.
02:28:56 >> AGAIN MULTIPLE PEOPLE WEARING MASKS.
02:28:58 I WAS NOT ABLE TO WALK THROUGH THE CROWD.
02:29:02 IT WAS -- THERE WAS TOO MANY PEOPLE.
02:29:04 >>CAMARIA PETTIS-MACKLE: ALSO SECTION 6 OF THE BINDERS.
02:29:09 AND THESE PHOTOGRAPHS ARE DATED DECEMBER 26, 2020 FOR THE
02:29:12 RECORD.
02:29:12 >> MULTIPLE PEOPLE STANDING NOT WEARING MASKS.
02:29:15 >>CAMARIA PETTIS-MACKLE: JUST ONE MOMENT.
02:29:21 >>GUIDO MANISCALCO: OKAY.
02:29:22 >>CAMARIA PETTIS-MACKLE: THE CITY WILL PASS THE WITNESS.
02:29:32 >>GUIDO MANISCALCO: ALL RIGHT.
02:29:33 DO YOU HAVE ANY OTHER WITNESSES?
02:29:35 OR NOW WE GO TO MR. LIROT.
02:29:40 >>LUKE LIROT: GOOD AFTERNOON.
02:29:41 AND YOU WERE THERE ON THE DAY AFTER CHRISTMAS, DECEMBER
02:29:44 26?
02:29:45 >> YES.
02:29:46 >>LUKE LIROT: DO YOU KNOW HOW LONG YOU WOULD HAVE BEEN IN
02:29:48 THE TANGRA?
02:29:49 >> WE WOULD HAVE BEEN IN ABOUT 15 MINUTES.
02:29:54 >>GUIDO MANISCALCO: PLEASE SPEAK CLOSER TO THE
02:29:56 MICROPHONE, MA'AM.
02:29:57 >> YES.
02:29:57 WE WERE IN THE CLUB ABOUT 15 MINUTES.
02:30:01 >>LUKE LIROT: AND DID YOU SEE THE SIGN MASKS REQUIRED ON
02:30:04 YOUR ENTRY INTO THE FACILITY?
02:30:06 >> YES.
02:30:09 >>LUKE LIROT: DID YOU HEAR ANY ANNOUNCEMENT ABOUT THE
02:30:11 REQUIREMENT OR THE SUGGESTION THAT PATRONS WEAR MASKS?
02:30:14 >> I DID NOT HEAR ANY.
02:30:17 >>LUKE LIROT: DID YOU SEE ANY EMPLOYEES WITHOUT ANY
02:30:19 MASKS?
02:30:19 >> NO.
02:30:22 >>LUKE LIROT: DID YOU SEE ANYONE ASKING ANY OF THE
02:30:26 PATRONS THAT THEY SHOULD PUT ON MASKS THAT DIDN'T HAVE
02:30:29 MASKS ON?
02:30:29 >> NO.
02:30:31 >>LUKE LIROT: HOW MUCH OF THE ESTABLISHMENT DID YOU
02:30:33 VENTURE THROUGH?
02:30:34 DID YOU GO THROUGH THE FRONT DOOR AND THEN THROUGH THE
02:30:36 ENTIRE ESTABLISHMENT OR TAKE A STATIONERY LOCATION?
02:30:41 >> WE WENT THROUGH THE HALLS.
02:30:43 >> HAVE YOU HAD AN OPPORTUNITY TO GO BACK TO THE TANGRA
02:30:46 FOR ANY ADDITIONAL MONITORING EXCURSIONS?
02:30:48 >> NO.
02:30:50 >>LUKE LIROT: I HAVE NO FURTHER QUESTIONS.
02:30:51 >>CAMARIA PETTIS-MACKLE: I JUST HAVE ONE FOLLOW-UP
02:30:55 QUESTION WITH THIS WITNESS IF I MAY.
02:30:57 >>GUIDO MANISCALCO: GO AHEAD.
02:30:58 >>CAMARIA PETTIS-MACKLE: INSPECTOR ALVAREZ, WHEN YOU
02:31:01 WENT THROUGH -- I WANT TO CLARIFY THAT WHEN YOU WENT INTO
02:31:07 THE PROPERTY LOCATED AT 1611 EAST 7TH AVENUE, YOU HAD
02:31:12 DIFFICULTY WALKING THROUGH THE ESTABLISHMENT?
02:31:15 >> YES.
02:31:16 >>CAMARIA PETTIS-MACKLE: AND WHY WAS THAT?
02:31:18 >> IT WAS CROWDED.
02:31:20 A LOT OF PEOPLE WERE NOT SITTING.
02:31:23 >>CAMARIA PETTIS-MACKLE: AND IT WAS CROWDED, THOSE THAT
02:31:25 WERE CROWDED IN THE AREA EXHIBITED ON THIS PICTURE, DID
02:31:29 YOU SAY THEY WERE NOT WEARING MASKS?
02:31:31 >> YES, THEY WEREN'T WEARING MASKS.
02:31:32 >>CAMARIA PETTIS-MACKLE: JUST TO CLARIFY FOR THE RECORD,
02:31:38 SOMETIMES WHEN YOU TAKE THE PHOTOGRAPHS, DOES THE ADDRESS
02:31:41 CHANGE ON THE GPS, DEPENDING ON WHERE YOU ARE LOCATED
02:31:45 INSIDE OF THE BUILDING?
02:31:46 >> IT DOES.
02:31:48 >>CAMARIA PETTIS-MACKLE: JUST TO CLARIFY, THE PHOTOGRAPH
02:31:51 OF THE PICTURES HERE, EVEN THOUGH IT STATES 1616 EAST 7TH
02:31:54 AVENUE IT'S STILL THE SAME TANGRA LOCATION?
02:31:59 >> YES.
02:32:00 >>CAMARIA PETTIS-MACKLE: OKAY.
02:32:01 THE CITY HAS NO FURTHER QUESTIONS FOR THIS WITNESS.
02:32:03 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
02:32:05 DO YOU HAVE ANY OTHER WITNESSES AT THIS TIME?
02:32:08 >>CAMARIA PETTIS-MACKLE: NOT FOR THIS LOCATION.
02:32:09 >>GUIDO MANISCALCO: MS. JOHNSON-VELEZ?
02:32:12 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
02:32:20 COUNCIL MEMBERS, WHAT YOU JUST HEARD IS THE TESTIMONY OF
02:32:23 THE INSPECTORS WHICH CONFIRMED, IN FACT, THAT THE TANGRA
02:32:30 ESTABLISHMENT DID NOT TAKE REASONABLE EFFORTS TO REQUIRE
02:32:39 PATRONS WITHIN THEIR ESTABLISHMENT TO WEAR FACE COVERINGS
02:32:42 WHENWHEN THEY WERE NOT SOCIAL DISTANCING.
02:32:44 SO THAT'S A VIOLATION OF BOTH THE CITY ORDER AS WELL AS
02:32:47 THE COUNTY ORDER.
02:32:49 IN ADDITION, THEY CLEARLY ALLOWED ACCORDING TO THE
02:32:52 WITNESS TESTIMONY WHICH IS UNCONTROVERTED, THEY ALLOWED
02:32:56 LARGE SPACES, MAINTAINED SPACES THAT ALLOWED THE
02:32:59 CONGREGATION OF UNSEATED PEOPLE, AND IN FACT PEOPLE DID
02:33:02 REMAIN UNSEATED IN THOSE SPACES TO THE POINT WHERE AS THE
02:33:06 CODE INSPECTORS TESTIFIED THEY COULDN'T EVEN MAKE IT
02:33:08 THROUGH THE ROOM BECAUSE THERE WERE SO MANY PEOPLE
02:33:10 CONGREGATED IN THOSE AREAS.
02:33:12 AS WAS CLEAR FROM THE PICTURES, THERE WERE ALSO PEOPLE
02:33:15 STANDING AT THE BAR, WHICH IS ALSO PROHIBITED BY THE
02:33:18 ORDERS, AND SO IT'S CLEAR, WE HAVE UNCONTROVERTED
02:33:26 EVIDENCE ESTABLISHES THAT THERE WAS FAILURE TO COMPLY
02:33:30 WITH THE ORDERS OF BOTH THE MAYOR, AS WELL AS THE COUNTY
02:33:34 COMMISSION, AND THAT IS A BASIS FOR COUNCIL TO FIND, AND
02:33:39 WE BELIEVE IT DOES ESTABLISH THAT THERE WAS A VIOLATION,
02:33:43 SECTION 27-318 C-1-F OF THE CITY CODE.
02:33:48 THEREFORE, WE WOULD ASK COUNCIL BASED ON THE EVIDENCE AND
02:33:51 TESTIMONY PRESENTED, WHICH AGAIN IS UNCONTROVERTED, TO
02:33:54 MAKE A FINDING THAT TANGRA VIOLATED SECTION 27-318 C-1-F,
02:34:00 AND WE WOULD ASK COUNCIL TO IMPOSE AT THIS TIME THE
02:34:04 MAXIMUM 30-DAY PENALTY OF SUSPENSION OF THEIR ALCOHOLIC
02:34:08 BEVERAGE APPROVAL AT THIS PROPERTY.
02:34:10 I'M AVAILABLE FOR ANY QUESTIONS IF YOU HAVE ANY.
02:34:12 >>GUIDO MANISCALCO: I HAVE A QUESTION.
02:34:13 FOR DECEMBER 19th THROUGH THE 26th, AT WHAT PHASE
02:34:18 OF REOPENING WAS THE CITY?
02:34:19 AT WHAT PERCENTAGE COULD THEY OPERATE?
02:34:21 WAS IT 25%, 50%, 100%?
02:34:24 >>SUSAN JOHNSON-VELEZ: I BELIEVE IT WAS 100% AT THAT
02:34:31 TIME.
02:34:32 >>GUIDO MANISCALCO: SO THEY WERE LEGALLY ABLE TO HAVE A
02:34:34 FULL CLUB AS THEY WERE DURING PRE-COVID TIMES?
02:34:38 PER THE FIRE MARSHAL'S ACCOUNT THEY WERE ABLE TO RESET
02:34:44 MAXIMUM?
02:34:46 >>SUSAN JOHNSON-VELEZ: I BELIEVE 100% CAPACITY IS WHAT
02:34:49 WAS ALLOWED AT THAT TIME.
02:34:53 THE MASK ORDER WAS EFFECTIVE AT THAT TIME.
02:34:55 >>> SO UNLESS SEATED AND EATING OR DRINKING, WHATEVER.
02:35:00 WITH SOCIAL DISTANCING.
02:35:03 ANY OTHER QUESTIONS?
02:35:05 COUNCILMAN CARLSON.
02:35:06 >>BILL CARLSON: THE PROCESS THAT EITHER YOU OR MS.
02:35:09 GRIMES WENT THROUGH HAD A SERIES OF WARNINGS.
02:35:14 WE HEARD IN DEPTH THIS ONE INCIDENT.
02:35:17 WERE THERE OTHER INCIDENTS WHERE THEY WERE GIVING
02:35:19 WARNINGS PRIOR TO THIS?
02:35:23 >>JOHN DINGFELDER: POINT OF ORDER.
02:35:24 POINT OF ORDER.
02:35:25 >>GUIDO MANISCALCO: CAN WE WAIT UNTIL COUNCILMAN
02:35:29 CARLSON'S QUESTION IS ANSWERED?
02:35:30 >>JOHN DINGFELDER: WELL, I THINK MY POINT OF ORDER
02:35:32 RELATES TO IT.
02:35:33 >>GUIDO MANISCALCO: ALL RIGHT, COUNCILMAN DINGFELDER.
02:35:35 GO AHEAD.
02:35:36 >>JOHN DINGFELDER: I'M TRYING TO KEEP THE RECORD
02:35:39 STRAIGHT.
02:35:39 IT APPEARED TO ME THAT THE CITY DID THEIR CLOSING
02:35:42 ARGUMENT.
02:35:43 I WOULD THINK AT THIS POINT WE SHOULD HEAR MR. LIROT'S
02:35:46 CLOSING ARGUMENT AND THEN WE SHOULD ASK QUESTIONS OF
02:35:49 EITHER SIDE.
02:35:50 THAT WAY, IT'S ALL BALANCED AND EVERYTHING.
02:35:52 MR. SHELBY, I WILL GRACIOUSLY ASK YOUR OPINION ON THAT.
02:35:57 >>MARTIN SHELBY: I CERTAINLY WOULD EXPECT MR. LIROT TO
02:36:02 HAVE THAT OPPORTUNITY.
02:36:05 I EXPECT THAT IT WILL HAPPEN NOW, BUT WITH REGARD TO
02:36:09 QUESTIONS OF COUNCIL, TO CITY STAFF, WITH REGARD TO THE
02:36:17 EVIDENCE THAT YOU HAVE HEARD, YOU HAVE THOSE WITNESSES
02:36:19 AVAILABLE, IF YOU HAVE ANY PARTICULAR QUESTIONS, BUT
02:36:21 CERTAINLY MR. LIROT, I WOULD AGREE, COUNCILMAN
02:36:24 DINGFELDER, THAT HE HAS THE ABILITY TO PUT ON A CASE AND
02:36:30 TO MAKE HIS ARGUMENT.
02:36:32 AND I WOULD THINK THAT THAT WOULD TAKE PLACE SOONER
02:36:36 RATHER THAN LATER.
02:36:37 >>GUIDO MANISCALCO: COUNCILMAN CARLSON, YOUR QUESTION
02:36:40 AND THEN WE WILL GO TO MR. LIROT.
02:36:43 >>BILL CARLSON: THE QUESTION ALSO, IF WE ASK QUESTIONS,
02:36:47 ISN'T MR. LIROT ALLOWED TO ANSWER THE QUESTIONS, TOO, OR
02:36:50 RESPOND?
02:36:50 IT SEEMS TO MAKE SENTENCE THAT HE RESPOND ALL AT ONCE OR
02:36:56 INDIVIDUALLY BASED ON THE PROCESS.
02:36:58 >>MARTIN SHELBY: I BELIEVE THE BEST WAIT TO HANDLE THIS
02:37:02 WOULD BE, IF YOU HAVE -- IF IT'S EASIER FOR COUNCIL
02:37:06 SPECIFICALLY -- AND I MIGHT AS WELL TALK ABOUT THIS NOW
02:37:08 RATHER THAN LATER -- BUT YOU ARE GOING TO HAVE TO MAKE
02:37:11 FINDINGS OF FACT, COUNCIL.
02:37:13 YOU ARE GOING TO HAVE TO LISTEN TO THE EVIDENCE, WEIGH
02:37:16 THE TESTIMONY, AND MAKE FINDINGS OF FACT, AND THEN AS YOU
02:37:20 DO WITH EVERY HEARING THAT YOU HAVE, YOU HAVE A CODE THAT
02:37:22 SETS FORTH WHAT YOUR CRITERIA IS AND YOU HAVE TO APPLY
02:37:27 THE FACTS AS YOU FIND THEM TO BE TO THE CODE IN ORDER TO
02:37:30 MAKE A DETERMINATION.
02:37:31 SO MY SUGGESTION IS YOU REMAIN MINDFUL OF THE FACTS, OF
02:37:36 THE SECTIONS OF THE CODE BECAUSE YOU ARE GOING TO BE
02:37:39 ASKED TO APPLY THEM AND YOU GAUGE YOUR QUESTIONS AROUND
02:37:42 THAT TASK.
02:37:43 SO IN TERMS -- AND I UNDERSTAND THIS IS RELATIVELY A NEW
02:37:48 PROCESS, BUT I DO AGREE WITH COUNCILMEMBER DINGFELDER
02:37:51 THAT WE DO NEED TO ENSURE THAT DUE PROCESS IS AFFORDED,
02:37:56 AND THAT EACH SIDE DOES HAVE THEIR OPPORTUNITY TO BE ABLE
02:37:58 TO PRESENT TO COUNCIL.
02:37:59 SO IF MS. JOHNSON-VELEZ WISHES AT THIS TIME TO ALLOW MR.
02:38:06 LIROT TO PROCEED, OR DO YOU WISH TO CONCLUDE YOUR
02:38:10 REMARKS?
02:38:11 I DON'T KNOW IF YOU CONCLUDED.
02:38:13 >>BILL CARLSON: CAN I GET THE ANSWER TO MY QUESTION
02:38:15 FIRST?
02:38:15 >>JOHN DINGFELDER: CAN I INSERT ONE MORE THING,
02:38:17 MR. CHAIRMAN?
02:38:17 THE REASON I ASKED BEFORE -- AND I'M SORRY, BILL -- I
02:38:22 THINK WE SHOULD BE CONSISTENT.
02:38:23 WE HAVE NINE OF THESE CASES SCHEDULED.
02:38:26 WE SHOULD HAVE A CONSISTENT PROCESS AND PROCEDURE AS WE
02:38:29 MOVE FORWARD.
02:38:31 AND I ALWAYS PREFER THINGS THAT JUST LIKE CRIMINAL COURT,
02:38:36 THAT SEVERAL OF US HAVE BEEN IN, THAT BOTH SIDE SHOULD BE
02:38:41 ABLE TO MAKE THIS CASE FULLY, AND THE JUDGE, I GUESS,
02:38:47 SINCE WE ARE JUDGE AND JURY, IF WE HAVE QUESTIONS, I
02:38:50 DON'T THINK WE SHOULD INTERRUPT.
02:38:51 I THINK WE SHOULD WAIT UNTIL THEIR CASE IS OVER AND THEN
02:38:54 WE CAN ASK ALL THE QUESTIONS WE WANT.
02:38:56 I SHOULD HAVE SAID THAT BEFORE EVEN THE FIRST QUESTION.
02:39:00 BILL, I APOLOGIZE.
02:39:02 THAT'S MY EXPERIENCE.
02:39:03 >>GUIDO MANISCALCO: OKAY, THANK YOU.
02:39:06 ANYTHING ELSE?
02:39:06 NO?
02:39:07 THEN WE'LL GO TO MR. LIROT SO HE CAN HAVE HIS CLOSING
02:39:11 ARGUMENTS AND THEN WE'LL TAKE THE QUESTIONS.
02:39:14 >>LUKE LIROT: I BELIEVE I HAVE AN OPPORTUNITY TO FIRST
02:39:19 MAKE A MOTION FOR A FINDING OF NONVIOLATION AND THEN
02:39:22 PRESENT MY CASE AND THEN MAKE MY CLOSING ARGUMENTS.
02:39:25 CANDIDLY, I KNOW THIS IS SOMEWHAT TEDIOUS BUT I HAVE A
02:39:29 CLIENT TO REPRESENT HERE AND I KNOW THERE'S A LOT AT
02:39:31 STAKE.
02:39:37 WE PROVIDED SOME MATERIALS THAT MIGHT BE HELPFUL TO
02:39:39 COUNCIL MEMBERS, AND I APOLOGIZE, I SHOULD HAVE DONE THIS
02:39:43 IN ADVANCE FOR THOSE ATTENDING BY ZOOM BUT THOSE IN
02:39:47 ATTENDANCE WERE GIVEN AN OUTLINE.
02:39:48 I THINK I CAN TRACK THAT OUTLINE WHY WITH ALL DUE RESPECT
02:39:52 WE ARE STILL CONCERNED WITH THE JURISDICTIONAL ISSUE.
02:39:54 AGAIN, NOT TO BEAT A DEAD HORSE, BUT WE FILED THOSE
02:39:58 PETITIONS FOR WRIT OF PROHIBITION AND THEY ARE NOT FINAL
02:40:01 UNTIL THE TIME FOR A REHEARING EXPIRES.
02:40:04 WE ARE STILL WITHIN THAT PERIOD.
02:40:06 SO WE STILL HAVE AN OPPORTUNITY TO ASK FOR REHEARING, AND
02:40:13 I KNOW THE COUNSEL, C-O-U-N-C-E-L, ON THE C-O-U-N-C-I-L
02:40:21 UNDERSTAND WHAT I AM SAYING. NOT TO BE CONFUSING.
02:40:22 I JUST WANT TO ARTICULATE BRIEFLY WHAT OUR CONCERN IS,
02:40:24 AND I THINK I STARTED TO GET INTO THIS A LITTLE BIT, AND
02:40:27 THIS IS TO SUPPORT OUR MOTION FOR A JUDGMENT OF FINDING
02:40:29 OF NO VIOLATION ON JURISDICTIONAL GROUNDS.
02:40:33 THESE CITATIONS, EVEN WITH THE ACCOMPANIMENT OF TAMPA
02:40:37 POLICE DEPARTMENT OFFICERS, ARE HANDED OUT BY CODE
02:40:39 ENFORCEMENT OFFICERS.
02:40:41 SO OSTENSIBLY, PART OF THEIR JOB DESCRIPTION IS TO HAND
02:40:45 OUT A CODE ENFORCEMENT CITATION.
02:40:47 THAT'S WHAT THESE ARE.
02:40:48 THAT'S WHAT THEY BEGAN AS.
02:40:50 ACCORDING TO THE CITY'S OWN CODE, 23-5.4, THERE ARE RULES
02:40:57 FOR CODE ENFORCEMENT THAT HAVE NOT BEEN FOLLOWED IN THIS
02:41:00 PARTICULAR PROCESS, AND ESSENTIALLY IS WHEN NOTICE AND AN
02:41:05 OPPORTUNITY TO CURE OF 21 DAYS.
02:41:08 SO TO GO IN, TAKE A FEW PICTURES FOR 15 MINUTES, COME
02:41:13 BACK IN A FEW WEEKS, NONE OF THOSE COMPORT WITH THE
02:41:16 REQUIREMENTS OF THE CITY'S OWN CODE.
02:41:18 THIS IS NOT SOME DUE PROCESS CONCEPT THAT I HAVE COME UP
02:41:21 WITH; THIS IS THE CITY'S OWN CODE.
02:41:24 YES, I UNDERSTAND WHAT IT SAYS IN 27-318, BUT THAT'S THE
02:41:29 THRUST OF OUR ARGUMENT THAT JUST BECAUSE THERE'S A CODE
02:41:32 SECTION THAT GIVES THE COUNCIL THE ABILITY TO HEAR
02:41:35 SUSPENSION AND REVOCATION, EVEN IF THEY ARE THE BODY THAT
02:41:38 HANDED OUT THE WET ZONINGS IN THE FIRST PLACE, OUR
02:41:42 POSITION IS THAT WHEN YOU GO TO THAT NEXT LEVEL AND YOU
02:41:44 GO THROUGH THE SUSPENSION AND REVOCATION PROCEDURES, IT'S
02:41:48 ABSOLUTELY INCUMBENT UPON THE COUNCIL TO FOLLOW ITS OWN
02:41:52 REGULATIONS, AND FROM OUR RESPECTIVE POSITION AGAIN, WITH
02:41:55 ALL DUE RESPECT, WE DON'T THINK THAT THAT'S BEEN
02:41:57 FOLLOWED.
02:41:57 THE ISSUES THAT WE HAVE HERE -- AND I THINK IF YOU PUT
02:42:00 THIS IN PERSPECTIVE, THE WHOLE ISSUE HERE IS TO DEAL WITH
02:42:04 A REASONABLE EFFORT, AND TO LISTEN TO THE WAY THAT THE
02:42:07 CASE HAS BEEN PRESENTED, IT SOUND ALMOST LIKE A STRICT
02:42:10 LIABILITY, WHERE THERE'S NO FLEXIBILITY, NO CONCEPT OF
02:42:15 SOME ALLOWANCE FOR ANYTHING, AND FOR THE ONE CODE
02:42:18 ENFORCEMENT GENTLEMAN THAT WAS THERE TWICE, HE FOUND
02:42:22 GREAT COMPLIANCE.
02:42:22 AND I THINK THAT WILL BE PART OF MY CASE.
02:42:24 BUT AT THIS POINT, I JUST WANT TO MAKE THE RECORD,
02:42:27 INCORPORATE BY REFERENCE -- AND I ASK YOU TO RECEIVE AND
02:42:30 FILE THE OUTLINE THAT WE FILED IN THIS CASE, WITHOUT
02:42:34 WORKING YOU DOWN OR HAVING YOU EVALUATE YOUR OWN CODE I
02:42:37 WOULD JUST LIKE TO YOU TO BY REFERENCE TO INCORPORATE
02:42:41 THAT INTO THIS RECORD AND THEN LET YOU RULE ON MY MOTION
02:42:44 FOR A JUDGMENT OF NO VIOLATION.
02:42:47 >>GUIDO MANISCALCO: WE HAVE A MOTION TO RECEIVE AND FILE
02:42:49 THE DOCUMENTS BY MR. LIROT BY COUNCILMAN CITRO.
02:42:53 SECOND BY COUNCILMAN VIERA.
02:42:54 ALL IN FAVOR?
02:42:56 ALL RIGHT.
02:42:56 GO AHEAD, SIR.
02:42:59 >>LUKE LIROT: I BELIEVE YOU HAVE TO RULE ON MY MOTION.
02:43:00 >>GUIDO MANISCALCO: OKAY.
02:43:04 ANY QUESTIONS, ANY MOTION?
02:43:10 >>SUSAN JOHNSON-VELEZ: IF I COULD JUST RESPOND.
02:43:12 JURISDICTIONAL QUESTION IS A QUESTION ALREADY DECIDED BY
02:43:16 THE CIRCUIT COURT TWO TIMES NOW, IN CONFIRMING THAT CITY
02:43:19 COUNCIL DOES HAVE JURISDICTION TO CONDUCT THESE
02:43:21 PROCEEDINGS UNDER 27-318.
02:43:24 JUST BY WAY OF FURTHER RESPONSE TO THAT, THIS IS NOT A
02:43:27 HEARING ON THE CITATIONS THEMSELVES.
02:43:29 THIS IS A HEARING UNDER 27-318, WHICH AUTHORIZES COUNCIL
02:43:34 TO CONSIDER SUSPENSION OF ALCOHOLIC BEVERAGE SALES
02:43:38 APPROVAL OF THIS PARTICULAR PROPERTY BASED ON THE LIST OF
02:43:44 POTENTIAL REASONS FOR THAT COUNCIL COULD SUSPEND.
02:43:48 AND SO THIS IS NOT -- THE TIME TO CURE AND ALL THE THINGS
02:43:52 THAT MR. LIROT REFERENCED WHICH ARE PART OF A CODE
02:43:56 ENFORCEMENT PROCEEDING DO NOT APPLY TO 27-318.
02:43:59 THIS IS NOT A CODE ENFORCEMENT PROCEEDING, AND IT'S
02:44:02 DIFFERENT ENFORCEMENT MECHANISM ALL TOGETHER THAN WHAT
02:44:04 THIS HEARING IS BEING CONDUCTED UNDER.
02:44:06 >>LUIS VIERA: I WAS GOING TO ASK THAT QUESTION, DOES THE
02:44:16 21 DAYS HAVE ANY RELEVANCY TO BE WHAT WE ARE DOING TODAY?
02:44:19 AND IT DOES NOT.
02:44:21 >>SUSAN JOHNSON-VELEZ: IT DOES NOT.
02:44:23 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER?
02:44:25 >>JOHN DINGFELDER: WELL, I'M NOT SURE WHO IS GOING TO
02:44:35 RULE ON THE MOTION WHETHER IT'S COUNCIL OR MR. SHELBY
02:44:38 F.IT'S COUNCIL BY A VOTE, THAT'S CUMBERSOME, BUT THAT'S
02:44:41 PROBABLY JUST THE WAY IT IS.
02:44:45 OUR PURPOSE HERE, LIROT'S ARGUMENTS I HEARD, OR MS.
02:44:51 JOHNSON-VELEZ'S ARGUMENT ON BEHALF OF THE CITY, AND I
02:44:54 WOULD MOVE THAT WE REJECT MR. LIROT'S JURISDICTIONAL
02:44:58 ARGUMENT AT THIS TIME AND MOVE ON WITH THE MATTER.
02:45:03 AND THAT WOULD BE I GUESS A MOTION, IF MR. SHELBY THINKS
02:45:08 THAT'S APPROPRIATE.
02:45:09 >>MARTIN SHELBY: THANK YOU, COUNCILMAN DINGFELDER.
02:45:13 MR. CHAIRMAN, IF I CAN, BUT COUNCILMAN VIERA, WITH REGARD
02:45:17 TO MAKING ARGUMENTS DURING ONE OF THE FACTORS OF
02:45:24 DEPOSITION, WHAT ULTIMATELY WOULD HAPPEN IS THE OBJECTION
02:45:26 IS NOTED FOR THE RECORD AND YOU MOVE ON WITH THE
02:45:29 WITNESSES AND YOU MOVE ON TO HEAR THE CASE.
02:45:32 IT'S NOTED FOR THE RECORD.
02:45:33 OBVIOUSLY, THIS IS GOING TO BE A SUBJECT FOR REVIEW BY
02:45:38 CIRCUIT COURT, AT LEAST THE RECORD IS COMPLETE.
02:45:40 I CERTAINLY AM NOT GOING TO BE IN THE POSITION OF HAVING
02:45:43 TO MAKE LEGAL FINDINGS, I DON'T BELIEVE THAT'S MY ROLE.
02:45:48 MY ROLE IS TO ADVISE YOU.
02:45:49 THIS IS REALLY AN EVIDENTIARY HEARING AND FOR YOU TO
02:45:52 SHALL ABLE TO MAKE FINDINGS OF FACT.
02:45:54 AND IF YOU GO SO FAR AS TO APPLY THE LAW TO IT, YOU MAKE
02:45:57 A DETERMINATION.
02:46:00 THE RECORD WITH ITS OBJECTIONS IF IT IS REVIEWED BY A
02:46:04 CIRCUIT JUDGE WILL THEN APPLY TO THE STANDARDS
02:46:07 ACCORDINGLY.
02:46:07 AND IT'S SOMETHING CERTAINLY AS LAWYERS, YOU ARE ASKING
02:46:10 TO MAKE -- EXCUSE ME, AS COUNCIL MEMBERS, YOU ARE ASKED
02:46:15 TO MAKE IN EFFECT A LEGAL FINDING AND I DON'T THINK IT
02:46:17 WOULD BE APPROPRIATE TO DO SO, SO MY RECOMMENDATION WOULD
02:46:20 BE NOTE IT FOR THE RECORD AND MOVE ON.
02:46:22 >>JOHN DINGFELDER: I'LL WITHDRAW MY MOTION.
02:46:25 I APPRECIATE THAT, MR. SHELBY.
02:46:27 AND I WILL DEFER TO MR. CHAIRMAN TO CARRY ON IN THAT
02:46:32 MANNER.
02:46:34 I GUESS HEARING THE OBJECTIONS, ACCEPT THEM FOR THE
02:46:38 RECORD AND THEN MOVE ON.
02:46:40 >>LUIS VIERA: JUST HAD A QUESTION.
02:46:42 BECAUSE WE HAVE RULED ON MOTIONS BEFORE.
02:46:44 I REMEMBER THERE WAS ONE, I THINK WE DID, DAVID
02:46:52 MECHANIK -- FORGET IT.
02:46:54 THAT'S FINE.
02:46:55 I WOULD BE INCLINED FOR WHATEVER IT'S WORTH TO
02:46:58 RESPECTFULLY DECLINE THE MOTION, FOR WHATEVER THAT'S
02:47:01 WORTH.
02:47:01 THANK YOU.
02:47:02 >>GUIDO MANISCALCO: DO WE NEED A MOTION OF DENIAL HERE
02:47:09 FOR WHAT MR. LIROT BROUGHT UP OR NOT?
02:47:11 OR WE JUST CONTINUE FORWARD?
02:47:13 >>MARTIN SHELBY: I AM JUST CONCERNED ABOUT THE BASIS FOR
02:47:16 YOUR DETERMINATION ON THE MOTION WOULD BE.
02:47:18 IF YOU ARE ASKED TO MAKE A LEGAL FINDING, I JUST HAVE
02:47:21 CONCERNS ABOUT THAT, COUNCIL.
02:47:23 >>JOHN DINGFELDER: WHY DON'T WE JUST ACCEPT THE MOTION,
02:47:28 ACCEPT IT AND NOT RULE ON IT AND JUST MOVE ON.
02:47:33 >>GUIDO MANISCALCO: ALL RIGHT.
02:47:37 WITH THAT WE'LL JUST CONTINUE.
02:47:41 >>LUKE LIROT: I BELIEVE IT WOULD BE MY OPPORTUNITY NOW TO
02:47:43 PRESENT MY CASE IN CHIEF.
02:47:44 AND I WOULD LIKE TO MAKE A VERY BRIEF OPENING ARGUMENT.
02:47:49 EVERYBODY HAS BEEN WORKING HARD IN AN EFFORT TO TRY TO
02:47:52 PREVENT THE ADVERSE IMPACT OF THE COVID-19 PANDEMIC AND
02:47:57 MY CLIENTS ARE NO DIFFERENT.
02:47:59 YOU HAVE TO PUT THIS IN THE PERSPECTIVE THAT ON MARCH
02:48:03 17th, CLOSING IN ON A YEAR, THAT THE GOVERNOR ISSUED
02:48:07 AN EXECUTIVE ORDER ON ST. PATRICK'S DAY, OF ALL DAYS, FOR
02:48:12 PLACES OF PUBLIC ASSEMBLY THAT SERVE ALCOHOL, THAT
02:48:14 REQUIRED THEM TO CLOSE COMPLETELY.
02:48:17 AND IT WAS NOT UNTIL SEPTEMBER 25th WITH THE
02:48:21 GOVERNOR'S RIGHT TO WORK ORDER THAT I AM GOING TO DISCUSS
02:48:24 A LITTLE BIT MORE IN MY OPENING, THAT HE ALLOWED THESE
02:48:27 BUSINESSES TO REOPEN, AND THEN REMOVED ANY PENALTIES
02:48:30 WHICH WE THINK THIS EXECUTIVE ORDER OF THE MAYOR
02:48:33 CERTAINLY FALLS INTO, BUT FROM THAT PERSPECTIVE, IT WOULD
02:48:38 APPEAR THAT THE GOVERNOR'S ORDER OF 2020-244 WOULD
02:48:44 PREEMPT ALL OF THIS.
02:48:45 NOW, THE ONE THING I DON'T WANT TODAY'S PROCEEDINGS TO
02:48:48 LOOK LIKE IS THAT I'M TRYING TO MAKE UP SOME LEGAL MUMBO
02:48:52 JUMBO TO MAKE IT LOOK LIKE MY CLIENTS DON'T WANT TO
02:48:55 COMPLY OR COOPERATE OR ADHERE TO THE FOUR PARTS OF TRYING
02:48:59 TO DO THIS.
02:48:59 EVERYBODY IS DOING THAT, AND THERE MAY HAVE BEEN SOME
02:49:02 OCCASIONS EARLIER ON WHERE THERE MAY HAVE BEEN SOME
02:49:05 ISSUES, BUT AS WE STAND HERE TODAY, AND OBVIOUSLY THESE
02:49:09 ISSUES GO BACK, BUT I CAN ASSURE YOU THAT WHEN YOU LISTEN
02:49:12 TO THE FULL FACTS AND TESTIMONY THAT WE PUT ON, YOU WILL
02:49:15 UNDERSTAND THAT MY CLIENTS, AND THE FOUR CRITERIA THAT
02:49:19 WERE ARTICULATED HAVE COME INTO FULL COMPLIANCE WITH
02:49:22 THIS.
02:49:22 AND I CAN'T STRESS ENOUGH THE LANGUAGE IN BOTH MAYOR
02:49:26 CASTOR'S ORDER AND THE COUNTY'S ORDER IS THAT YOU MAKE
02:49:30 REASONABLE EFFORTS, REASONABLE EFFORTS ARE DIFFERENT THAN
02:49:35 IMMEDIATELY COMPLYING 100% ALL THE TIME.
02:49:37 AND I THINK THAT WITH THE PASSAGE OF TIME, THE NIGHTS
02:49:41 THESE BUSINESSES HAVE BEEN OPEN, COMPARING THE PERIODS OF
02:49:43 TIME THAT THEY HAVE BEEN COMPLYING WITH THIS, TO TAKE 20
02:49:46 MINUTES AND 15 MINUTES AND USE THAT AS SOME KIND OF
02:49:50 SNAPSHOT TO TAKE AWAY THEIR WET ZONING, WHICH QUITE
02:49:54 HONESTLY IS THE SAME THING AS PUTTING THEM OUT OF
02:49:57 BUSINESS.
02:49:58 THEY ARE ALCOHOLIC BEVERAGE ESTABLISHMENTS.
02:50:00 IT'S A COMPLETE CLOSURE.
02:50:01 IT'S AN EFFECTIVE ANNIHILATION OF THEIR PROFITABILITIES
02:50:04 AND THEIR ABILITY TO SURVIVE.
02:50:07 AND I JUST HAVE TO ASK FOR THE PEOPLE WE HAVE
02:50:09 INTERVIEWED, AND AGAIN THIS IS EVERYBODY THAT WE HAVE
02:50:11 TALKED TO, WHILE THEY WERE CLOSED, THEY TRIED TO PAY
02:50:15 MANAGEMENT, THEY TRIED TO PAY EMPLOYEES AS THEY COULD,
02:50:19 THEY COULDN'T GET A BREAK FROM THEIR INSURANCE COMPANY,
02:50:21 FROM THE PEOPLE COLLECTING RECENT, SO TO GO TO THIS LEVEL
02:50:25 AND NOW BECAUSE OF THESE ALLEGED VIOLATIONS AND THE SCOPE
02:50:27 OF TIME THAT WE ARE DEALING WITH, TO CLOSE THEM FOR 30
02:50:30 DAYS, WHICH I DIDN'T DO THE MATH BUT IT'S GOT TO BE ABOUT
02:50:34 A MILLION TIMES THE AMOUNT OF TIME THAT THEY WERE DEEMED
02:50:37 TO BE IN VIOLATION, I WOULD THINK IS JUST OVERWHELMINGLY
02:50:40 PUNITIVE.
02:50:41 NOW, THE GOVERNOR'S ORDERS CALLED THE RIGHT TO WORK, AND
02:50:44 THAT'S ALL MY CLIENTS WANT TO DO.
02:50:45 THEY WANT TO WORK, THEY WANT TO BE ABLE TO OPERATE A SAFE
02:50:48 POPULAR PLACE OF PUBLIC ASSEMBLY.
02:50:50 AND THE ONE POINT I WANT TO MAKE AND AN ISSUE THAT WE
02:50:53 HAVEN'T MADE TO ANY COURT BECAUSE WE WERE SAVING THIS,
02:50:59 THERE'S CASE LAW THAT MAKES THIS ENTIRE PROCESS DIFFICULT
02:51:02 TO PURSUE.
02:51:04 I WILL CITE TO YOU THE CASE OF BLUE MOON AND THEN I WILL
02:51:08 PUT ON MY CASE IN CHIEF.
02:51:09 WHEN YOU PENALIZE OTHERWISE NONCRIMINAL CONDUCT AND YOU
02:51:12 IMPOSE CRITERIAS LIABILITY ON PERSONS WITHOUT REQUIRING
02:51:17 SCIENTER OR OTHER CULPABLE CONDUCT YOU HAVE A MAJOR DUE
02:51:21 PROCESS PROBLEM.
02:51:22 SO WHEN YOU ISSUE THESE NOTICES OF INTENT TO SUSPEND TO
02:51:25 THE BUSINESS OWNER AND THE PROPERTY OWNER, AND I GUESS BY
02:51:28 WAY OF THE INDIRECT RESULT OF THAT, THE PEOPLE THAT MAKE
02:51:31 THE LOANS AND HANDLE THE DEBT SERVICE ON THESE
02:51:34 BUSINESSES, EVERYBODY IS BEING VICTIMIZED, NOT BECAUSE OF
02:51:37 SOME INTENTIONAL ACT, IT'S ALL BASED ON CIRCUMSTANTIAL
02:51:41 EVIDENCE THAT BECAUSE I WAS IN A CLUB FOR 15 MINUTES A
02:51:44 YOU SAW 40% OR LESS, THE PICTURES LOOK LIKE LESS TO ME
02:51:48 BUT I AM NOT GOING TO CHALLENGE THE FINE GENTLEMAN THAT
02:51:50 TESTIFIED TO THAT FOR THAT DAY, WHO LATER TESTIFIED THAT
02:51:53 AFTER THAT THEY WERE JUST FINE, BUT WHAT WE ARE DOING
02:51:56 HERE IS WE ARE HOLDING ALL OF THESE DIFFERENT PEOPLE
02:51:59 RESPONSIBLE THROUGH THE SUSPENSION OF THIS WET ZONING ON
02:52:02 THE SAME CITATION THAT'S BEEN BROUGHT IN FRONT OF THE
02:52:05 COUNTY COURT AND IS YET TO BE THE SUBJECT OF ANY ELEMENT
02:52:09 OF DUE PROCESS, ANY FINDING.
02:52:11 IT STRIKES ME AS DOUBLE JEOPARDY.
02:52:13 YOU ARE BEING CHARGED WITH ONE THING, AND YOU GO TO COURT
02:52:16 AND ALL OF A SUDDEN WE ARE BACK IN FRONT OF CITY COUNCIL.
02:52:18 THEY ARE NOT DIFFERENT CITATIONS.
02:52:20 YOU CAN'T HAVE TWO DIFFERENT PROCEDURES TO HOLD A
02:52:24 BUSINESS ACCOUNTABLE FOR THE SAME ISSUE WHEN THERE'S BEEN
02:52:27 NO FINDING.
02:52:28 AND WITH ALL DUE RESPECT, A QUASI-JUDICIAL APPEARANCE IN
02:52:31 FRONT OF A CITY COUNCIL IS NOT THE EQUIVALENT OF THE
02:52:34 FUNDAMENTAL RULES OF EVIDENCE AND THE OPPORTUNITIES THAT
02:52:37 EACH SIDE HAS TO PRESENT THEIR CASE TO A COUNTY COURT
02:52:41 JUDGE, WITH ALL DUE RESPECT.
02:52:42 NOW, WHAT DUE PROCESS DOES REQUIRE IS IT PROHIBITS THE
02:52:46 STATE FROM PUNISHING A PERSON WITHOUT PROOF OF SOME FORM
02:52:50 OF PERSONAL BLAME WORTHINESS.
02:52:52 MORE THAN SIMPLY A RESPONSIBLE RELATION.
02:52:55 I'LL READ THAT AGAIN.
02:52:57 DUE PROCESS PROHIBITS THE STATE FROM PUNISHING A PERSON
02:53:00 WITHOUT PROOF SOME OF FORM OF PERSONAL BLAME WORTHINESS
02:53:03 MORE THAN A RESPONSIBLE RELATION.
02:53:05 THAT'S ALL WE HAVE HERE.
02:53:06 WE HAVE THESE BUSINESSES BEING HELD ACCOUNTABLE FOR THE
02:53:10 BEHAVIOR OF SOME PATRONS, NOT ALL THEIR PATRONS, BUT SOME
02:53:13 PATRONS FOR A LIMITED PERIOD OF TIME.
02:53:15 WE DON'T EVEN KNOW IF THE OWNER OF THE BUSINESS WAS
02:53:18 THERE.
02:53:18 WE DON'T NOBODY IF MANAGEMENT WAS TOLD, HEY, LET'S GIVE
02:53:20 YOU THAT WARNING.
02:53:21 THERE'S 15 PEOPLE HEAR WITHOUT A MASK, WHY DON'T YOU DO
02:53:24 SOMETHING INSTEAD OF ME WAITING TO HEAR IT ON A DJ?
02:53:27 I AM NOT CRITICIZING CODE ENFORCEMENT.
02:53:31 I NOTICE WHAT THEY WERE HERE TO DO.
02:53:33 THESE WHAT WE ARE HERE FOR.
02:53:34 BUT THERE ARE SO MANY DUE PROCESS FLAWS, SO MANY
02:53:36 JURISDICTIONAL FLAWS AND SO MANY OTHER PROBLEMS WITH THIS
02:53:39 ENTIRE PROCESS, AND THE LEVEL OF PUNISHMENT FOR THE CRIME
02:53:43 THAT HAS ALLEGEDLY BEEN COMMITTED IS TOTALLY OUT OF
02:53:46 BALANCE.
02:53:47 AND I JUST WOULD RESPECTFULLY ASK YOU TO KEEP THAT IN
02:53:49 MIND AS WE PRESENT OUR CASE.
02:53:51 I WOULD LIKE TO CALL AS MY FIRST WITNESS THE MANAGER OF
02:53:54 TANGRA, IF YOU WILL GIVE ME JUST A MOMENT, AND I WILL
02:53:57 ALLOW THE STAFF TO STERILIZES THE PODIUM.
02:54:04 I THINK IN THE INTEREST OF BREVITY, I WILL JUST ALLOW MY
02:54:40 CLIENT TO INTRODUCE HIMSELF, PUT HIS NAME AND ADDRESS ON
02:54:42 THE RECORD, AND I AM GOING TO ASK HIM TO TESTIFY IN
02:54:45 RESPONSE TO THE FOUR CRITERIA, THE SIGNAGE, THE
02:54:48 ANNOUNCEMENTS, THE OTHER ASPECTS THAT WE ARE HERE FOR
02:54:52 TODAY.
02:54:52 THANK YOU.
02:54:52 >>GUIDO MANISCALCO: IF THE GENTLEMAN COULD RAISE HIS
02:54:56 RIGHT HAND SO WE CAN SWEAR HIM IN.
02:54:58 THANK YOU.
02:54:58 >>THE CLERK: DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY
02:55:01 THAT YOU ARE ABOUT TO GIVE IS THE TRUTH AND NOTHING BUT
02:55:03 THE TRUTH?
02:55:05 >> I DO.
02:55:06 >>THE CLERK: THANK YOU.
02:55:07 >>GUIDO MANISCALCO: GO AHEAD.
02:55:08 PLEASE STATE YOUR NAME FOR THE RECORD.
02:55:09 >> CHRISTOPHER JOHN LENHANNON, THE PROPRIETOR OF 1611
02:55:14 EAST 7TH AVENUE.
02:55:16 >>GUIDO MANISCALCO: VERY GOOD.
02:55:17 >> I DON'T WANT TO BELABOR THIS.
02:55:26 IF YOU WOULD PLEASE TESTIFY TO COUNCIL AND TELL THEM HOW
02:55:31 THE TANGRA HAS COMPLIED WITH SIGNAGE, ANNOUNCEMENTS,
02:55:36 EMPLOYEES, FOR PATRONS TO WEAR MASKS.
02:55:41 >> EVER SINCE WE FIRST BACK IN MARCH ENTERED THE
02:55:44 PANDEMIC, ONE OF THE FIRST THINGS WE DID IS WE ACTUALLY
02:55:48 INSTALLED PLEXIGLAS ON EVERY FLOOR IN FRONT OF EVERY BAR
02:55:54 EVEN ON THE ROOFTOP.
02:55:55 THAT WAS ONE OF THE FIRST THINGS AS WE GOT ESSENTIALLY
02:55:58 SHUT DOWN, WE WERE ALLOWED TO OPEN.
02:56:00 ONE OF THE THINGS WE IMMEDIATELY DID WAS WE INSTALLED
02:56:03 HAND SANITIZING STATIONS WITH A FULL GALLON JUGS AT THE
02:56:08 FRONT DOOR AND ALL OF THE BARS, ON ALL THE FLOORS, PRETTY
02:56:11 MUCH ON EVERY SINGLE EGRESS AND ENTRANCE AND EXIT POINT
02:56:15 OF THE VENUE.
02:56:16 SOMETHING WE HAVE ALSO DONE IS SPENT THOUSANDS AND
02:56:18 THOUSANDS OF DOLLARS PROVIDING MASKS, PURCHASING MASKS,
02:56:21 HANDING THEM OUT FOR FREE TO OUR CUSTOMERS AND CLIENTS
02:56:25 OVER THIS LAST VERY TENUOUS YEAR.
02:56:29 WE HAVE CONTINUED TO ALWAYS MAKE SURE THAT OUR EMPLOYEES
02:56:32 HAVE ALWAYS CONTINUED TO WEAR THEIR MASKS.
02:56:36 THERE'S ZERO TOLERANCE FOR THAT, IF AN EMPLOYEE DOES NOT
02:56:40 WEAR THEIR MASK THEY WILL BE REPRIMANDED FOR IT.
02:56:43 SO AS WE MOVED ALONG, WE HAVE TAKEN IT VERY, VERY
02:56:46 SERIOUSLY AND WE HAVE ALWAYS WORKED HARD OR GONE ABOVE
02:56:50 AND BEYOND TO MAKE SURE THAT WE ARE IN COMPLIANCE,
02:56:53 ESPECIALLY AT THIS POINT.
02:56:54 THE CITY GAVE US POSTERS.
02:56:56 THEY WERE 9.5 BY 11 POSTERS.
02:56:59 WE WENT OUT AND MADE 3-FOOT BY 2-FOOT POSTERS, THE MOVIE
02:57:03 SIZE POSTERS.
02:57:04 WE MADE 20 OF THEM.
02:57:05 WE HUNG THEM THROUGHOUT THE VENUE, OUTSIDE, INSIDE, AS
02:57:08 PEOPLE WERE PASSING THROUGHOUT THE VENUE.
02:57:11 WE HAVE CONTINUED TO DO EVERYTHING THAT WE CAN.
02:57:15 THERE'S A PICTURE THERE.
02:57:16 THOSE ARE MOVIE SIZE POSTERS THAT WE HAVE PLACED
02:57:18 THROUGHOUT THE VENUE.
02:57:19 THOSE ARE AT ALL EGRESS POINTS AS PEOPLE TRAVEL THROUGH
02:57:24 THE HALLWAYS ALSO.
02:57:26 >>MARTIN SHELBY: IF WE COULD STOP FOR A MINUTE MOMENT.
02:57:28 I WANTED COUNCIL TO HAVE AN OPPORTUNITY SEE WHAT WAS ON
02:57:31 THE OVERHEAD.
02:57:32 MARTIN SHELBY.
02:57:34 THANK YOU.
02:57:34 >> DID I HIT THE WRONG BUTTON?
02:57:38 >>GUIDO MANISCALCO: NO, YOU GOT IT.
02:57:39 WE SEE IT.
02:57:40 GO AHEAD.
02:57:40 >>JOHN DINGFELDER: FOR THE RECORD, I DON'T KNOW IF MR.
02:57:42 MIRANDA CAN SEE BUT I CAN'T SEE THE OVERHEAD.
02:57:47 THANK YOU.
02:57:47 >> FOR COUNCIL MEMBERS THAT CANNOT SEE THE OVERHEAD, WE
02:57:55 ARE GOING TO PROVIDE THE PHOTOGRAPHS.
02:57:57 >>JOHN DINGFELDER: I CAN SEE IT.
02:57:58 IT POPPED UP.
02:57:59 >> A MOVIE SIZE POSTER THAT YOU SEE IMPORTANT R FOR MOVIE
02:58:03 ADVERTISEMENTS AT A MOVIE THEATER, ALMOST 3 FEET BY 2
02:58:07 FEET WIDE.
02:58:08 ONE OF THE OTHER THINGS THAT WE HAVE CONSTANTLY DONE, AND
02:58:11 WE HAVE VIDEO, AND THAT IS TIME DATED AND LOGGED, AND YOU
02:58:15 CAN SEE THAT WE HAVE CONTINUALLY, 30 MINUTES TO AN HOUR,
02:58:19 HAVE HAD OUR DJs ON OUR PUBLIC ADDRESS SYSTEM
02:58:22 THROUGHOUT THE VENUES ON ALL THREE FLOORS ALWAYS ASKING
02:58:26 PATRONS, THEY ARE REQUIRED TO HAVE THEIR MASKS ON AT ALL
02:58:29 TIMES.
02:58:30 SO WE HAVE REALLY DONE OUR BEST TO GO ABOVE AND BEYOND.
02:58:34 IN THE BEGINNING, I HAVE TO SAY THAT IN DECEMBER WHEN THE
02:58:40 CITY COUNCIL AND THE CODE ENFORCEMENT FIRST STARTED
02:58:43 COMING OUT, THEY BROUGHT US THE MASKS, THEY BROUGHT US
02:58:49 THE POSTERS, AND THEY DEFINITELY HAD THE CHANCE TO COME
02:58:54 OUT AND SPEAK TO US ABOUT THE NEW ORDERS THAT HAD COME
02:58:59 OUT.
02:59:00 WE TOOK THAT SERIOUSLY AT THAT TIME.
02:59:01 WE WENT OUT AND BOUGHT THOUSANDS AND THOUSANDS OF MASKS.
02:59:06 WE DEFINITELY HAVE STRIVED.
02:59:08 WE INSTALLED THAT DIVIDERS BETWEEN ALL OF OUR SEATING
02:59:11 AREAS.
02:59:12 WE SPENT TENS OF THOUSANDS OF DOLLARS TRYING TO COMPLY.
02:59:15 AND IN THE VERY BEGINNING, ONE OF THE BIGGEST THINGS THAT
02:59:19 THE CODE ENFORCEMENT PEOPLE HAD TOLD US, AND WAS THAT WE
02:59:22 NEED TO MAKE A REASONABLE EFFORT.
02:59:24 AND LET ME TELL YOU, WE HAVE DONE OUR BEST.
02:59:27 IT IS VERY CHALLENGING TO HAVE BAR PATRONS WHO ARE
02:59:34 CONSUMING ALCOHOL TO BE 100% IN COMPLIANCE.
02:59:38 IT IS VERY, VERY CHALLENGING.
02:59:41 AND IN FACT AFTER MY SECOND CITATION, I REALIZED THAT IT
02:59:45 IS IMPOSSIBLE TO COME INTO 100% COMPLIANCE.
02:59:49 SO AFTER MY SECOND CITATION, DIRECTLY AFTER NEW YEAR'S
02:59:52 EVE, WE SHUT DOWN OUR FIRST AND SECOND FLOOR COMPLETELY,
02:59:58 AND YOUR CODE ENFORCEMENT PEOPLE CAN ATTEST TO THIS, THAT
03:00:01 WE CLOSED OUR FIRST AND SECOND FLOOR 100% TO THE PUBLIC.
03:00:06 ALL WE ALLOWED, WE HAD THE LIGHTS ON, WE HAD THE MUSIC
03:00:09 OFF, WE JUST ALLOWED PATRONS TO TRANSVERSE THROUGH TO THE
03:00:12 ROOFTOP WHICH IS OPEN AIR, AND/OR USE THE RESTROOMS ON
03:00:16 THE FIRST AND SECOND FLOOR.
03:00:18 AND WE HAVE CONTINUED TO DO THAT FOR, OH, MY GOD, IT WAS
03:00:23 MONTHS.
03:00:23 IT WAS ALL THE WAY UNTIL SUPER BOWL.
03:00:25 AND THEN IN SUPER BOWL, WE DID ALLOW FOR THE FIRST AND
03:00:28 SECOND FLOOR TO OPEN FOR SEATING ONLY.
03:00:39 >>LUKE LIROT: I WANT TO ADD THIS LAST AND THEN WE'LL WRAP
03:00:43 THIS UP.
03:00:44 ONCE AGAIN, THIS IS DATED DECEMBER 18th.
03:00:47 THIS IS BEFORE WE WERE CITED WHICH IS ON DECEMBER
03:00:49 19th.
03:00:51 YOU CAN SEE THIS IS ACTUALLY A VIDEO WHICH I SENT TO OUR
03:00:54 ATTORNEYS.
03:00:54 THIS VIDEO SHOWS OUR DJ MAKING THE ANNOUNCEMENT OVER THE
03:00:57 PUBLIC ADDRESS SYSTEM, WHICH WE DID EVERY 30 MINUTES TO
03:01:00 AN HOUR.
03:01:00 >> AT THIS POINT I HAVE A REQUEST.
03:01:07 WE HAVE A THUMB DRIVE, NOT LENGTHY, BUT I THINK IT GIVES
03:01:11 SOME OF THE BEST EVIDENCE OF HOW THE OPERATION WORKS.
03:01:14 >>CAMARIA PETTIS-MACKLE: IF I MAY.
03:01:18 CITY ATTORNEY'S OFFICE.
03:01:19 MAY I HAVE AN OPPORTUNITY TO CROSS-EXAMINE THE WITNESS?
03:01:23 >> OH, ABSOLUTELY.
03:01:24 >>GUIDO MANISCALCO: LET'S GO BACK TO THE SCREEN THAT
03:01:32 SHOWS THE GENTLEMAN AT THE PODIUM, OR THE LECTERN.
03:01:49 CAN WE GET THE CAMERA SHOWING THE PODIUM, NOT THE
03:01:53 OVERHEAD?
03:01:54 >>CAMARIA PETTIS-MACKLE: CITY ATTORNEY'S OFFICE.
03:01:58 HOW DID YOUR STAFF -- DID YOUR STAFF ON DECEMBER
03:02:00 19th, 2020 AND DECEMBER 6, 2020, DID THEY PROVIDE
03:02:04 SERVICE TO INDIVIDUALS WHO WERE STANDING IN YOUR
03:02:07 ESTABLISHMENT?
03:02:07 >> ONE MORE TIME, PLEASE.
03:02:12 >>CAMARIA PETTIS-MACKLE: DID YOUR STAFF PROVIDE SERVICE
03:02:14 TO THOSE INDIVIDUALS, PATRONS WHO WERE STANDING?
03:02:18 >> IF PEOPLE WENT TO THE BAR, I CANNOT REMEMBER AT THIS
03:02:21 TIME IF WE HAD CHAIRS AT THE BAR OR NOT.
03:02:23 I TWO OF SEE THE PICTURE AGAIN.
03:02:24 BUT PEOPLE WHO WENT TO THE BAR WERE SUPPOSED TO SIT IN A
03:02:26 CHAIR WHEN THEY ORDERED.
03:02:28 >>CAMARIA PETTIS-MACKLE: JUST FOR YOUR REFERENCE, THIS
03:02:31 PHOTO IS DECEMBER 19th OF 2020.
03:02:35 THOSE INDIVIDUALS ARE STANDING AT THE BAR.
03:02:37 CORRECT?
03:02:38 >> IT LOOKS LIKE THE GENTLEMAN AT THE VERY FAR END WITH
03:02:40 THE WHITE T-SHIRT ON AND THE HAT, IT LOOKS LIKE HE IS
03:02:44 SEATED IN A CHAIR, MA'AM.
03:02:45 >>CAMARIA PETTIS-MACKLE: BUT ARE INDIVIDUALS -- CAN YOU
03:02:48 ACKNOWLEDGE ON THE RECORD THAT THERE ARE INDIVIDUALS
03:02:50 CONGREGATED AND STANDING AT THE BAR AREA?
03:02:54 >> YES, IT'S A VERY NARROW AREA, SO YES, THERE'S PEOPLE
03:02:57 STANDING THERE.
03:02:57 >>CAMARIA PETTIS-MACKLE: AGAIN THESE ARE IN SECTION 6 OF
03:03:01 THE BINDERS.
03:03:02 THOSE INDIVIDUALS STANDING AT THE BAR WITH WERE NOT
03:03:06 INDIVIDUALS NOT PROVIDED SERVICE?
03:03:07 >> MA'AM, YOU CAN SEE THE CHAIRS.
03:03:09 I CAN SEE THE CHAIR ON THE LOWER CORNER RIGHT THERE.
03:03:11 THERE'S CHAIRS THROUGHOUT THE BAR.
03:03:12 PEOPLE ARE SUPPOSED TO SIT AT THE CHAIRS TO PLACE THEIR
03:03:15 ORDERS, MA'AM.
03:03:16 >>CAMARIA PETTIS-MACKLE: BUT THE PHOTO DEPICTS
03:03:21 INDIVIDUALS STANDING, CORRECT?
03:03:22 AND CONGREGATING?
03:03:23 >> YES, THEY ARE STANDING.
03:03:25 IT DOES NOT APPEAR AS IF THEY ARE STANDING DIRECTLY AT
03:03:27 THE BAR, NO.
03:03:28 IN A HALLWAY.
03:03:30 >>CAMARIA PETTIS-MACKLE: AND HOW DID YOUR STAFF ENFORCE
03:03:32 THE MASK REQUIREMENT?
03:03:34 DID INDIVIDUALS HAND OUT MASKS?
03:03:37 >> AT THE FRONT DOOR, MA'AM, YES, WE HAVE ALWAYS SUPPLIED
03:03:40 MASKS AT THE FRONT DOOR.
03:03:41 SO WHEN YOU ENTER THE VENUE, WE DID NOT ALLOW PEOPLE TO
03:03:44 ENTER THE VENUE WITHOUT HAVING A MASK, AND IF THEY DO NOT
03:03:48 HAVE A MASK, WE DO PROVIDE THEM WITH A MASK.
03:03:51 >>CAMARIA PETTIS-MACKLE: SO THE INDIVIDUAL THAT THE CITY
03:03:53 JUST PROVIDED PHOTOGRAPHS REPRESENTED THAT THEY DID NOT
03:03:56 HAVE MASKS, WHAT DID YOUR STAFF DO IN ORDER TO TELL THESE
03:04:00 PATRONS TO PUT ON MASKS?
03:04:03 >> THAT'S WHERE OUR DJs, WE CONSTANTLY HAD OUR DJs
03:04:08 ANNOUNCING OVER THE PA SYSTEM EVERY 30 MINUTES TO AN
03:04:11 HOUR.
03:04:11 WE HAVE A VIDEO OF THAT ALSO.
03:04:13 I BELIEVE THAT'S WHAT THE THUMB DRIVE IS.
03:04:15 >>CAMARIA PETTIS-MACKLE: AND DID YOUR STAFF MEMBERS
03:04:18 REMOVE INDIVIDUAL IF THEY REFUSED TO COMPLY WITH THE FACE
03:04:20 MASK REQUIREMENT?
03:04:22 >> SO HOW WE DO IT IS IF A STAFF MEMBER ASKS SOMEONE TO
03:04:27 REMOVE -- TO PLACE THEIR MASK ON, WE ACTUALLY TAKE IT TO
03:04:31 THE NEXT LEVEL, AND WE ASK THEM ONCE OR TWICE.
03:04:34 IF THEY DON'T DO IT, IT IS THEN THAT STAFF MEMBER'S JOB
03:04:38 TO GO GET A MANAGER OR SOMEONE HIGHER UP, HEAD OF
03:04:41 SECURITY OR SOMEBODY, THEN AT THAT POINT WE WILL ESCALATE
03:04:44 IT TO WHERE WE WILL THEN ASK THEM, AND YES, WE HAVE
03:04:46 REMOVED NUMEROUS PEOPLE FROM THE BAR SINCE THEN AND
03:04:53 CONTINUE TO DO IT TO THIS DAY.
03:04:55 >>CAMARIA PETTIS-MACKLE: I WANT TO FOCUS YOUR ATTENTION
03:04:57 ON DECEMBER 19th AND DECEMBER 26th.
03:05:01 IS IT YOUR TESTIMONY THAT YOU HAD PEOPLE REMOVED FOR
03:05:04 THOSE REASONS?
03:05:05 >> MA'AM, I DO NOT RECALL THAT TIME BUT I CAN TELL YOU
03:05:08 THAT WE HAVE REMOVED NUMEROUS, NUMEROUS PATRONS FOR NOT
03:05:11 WEARING THEIR MASKS.
03:05:13 >>CAMARIA PETTIS-MACKLE: SINCE THAT DATE?
03:05:14 >> EVEN BEFORE THAT DATE, MA'AM.
03:05:16 >>CAMARIA PETTIS-MACKLE: MAY I HAVE A MOMENT?
03:05:19 >>GUIDO MANISCALCO: YES.
03:05:20 >>CAMARIA PETTIS-MACKLE: THE CITY HAS NO FURTHER
03:05:26 QUESTIONS FOR THIS WITNESS.
03:05:27 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
03:05:28 AT THIS TIME, MR. LIROT, I BELIEVE YOU HAVE A VIDEO TO
03:05:32 SHOW ON A THUMB DRIVE?
03:05:36 >>LUKE LIROT: I WOULD ASK FOR A VERY BRIEF RECESS.
03:05:38 WE TRIED TO WORK WITH THE COMPUTER UP HERE, AND WE'LL DO
03:05:42 OUR BEST.
03:05:43 I DON'T WANT TO MAKE ANYBODY WAIT.
03:05:45 IT MIGHT BE A GOOD OPPORTUNITY TO TAKE FIVE MINUTES.
03:05:48 CERTAINLY NOT MY PROVINCE.
03:05:50 >>GUIDO MANISCALCO: WE'LL HAVE A FIVE-MINUTE RECESS.
03:05:53 THANK YOU.
03:05:58 >>MARTIN SHELBY: AND A REMAINDER THIS IS STILL RECORDING
03:06:01 FOR THE VIDEO SO PLEASE BE MINDFUL OF THAT FACT.
03:06:05 >>GUIDO MANISCALCO: THANK YOU.
03:06:06 (CITY COUNCIL RECESS)
03:06:08
03:06:08 >>LUIS VIERA: HERE.
03:16:27 >> DINGFELDER?
03:16:31 >>GUIDO MANISCALCO: UNMUTE YOURSELF.
03:16:33 >>JOHN DINGFELDER: HERE.
03:16:35 >>GUIDO MANISCALCO: HERE.
03:16:36 >>BILL CARLSON: HERE.
03:16:37 >>JOSEPH CITRO: HERE.
03:16:39 >>CHARLIE MIRANDA: HERE.
03:16:40 >>THE CLERK: THERE IS A PHYSICAL QUORUM.
03:16:42 >>GUIDO MANISCALCO: MR. LIROT, I BELIEVE YOU HAVE A
03:16:45 COMPUTER FOR THE THUMB DRIVE WORKING.
03:16:48 GO AHEAD, SIR.
03:16:50 >>LUKE LIROT: GIVE ME MY CLIENT THE GLORY OF HITTING THIS
03:16:53 BUTTON HERE IF I CAN LINE THIS UP.
03:16:55 >> SO THIS IS THE DJ ON THE FIRST FLOOR.
03:17:02 AS YOU CAN SEE HE'S UP IN A RAISED AREA.
03:17:05 AND HE'S MAKING AN ANNOUNCEMENT THAT IS TELLING EVERYBODY
03:17:09 THAT THEY ARE REQUIRED TO HAVE THEIR MASKS ON.
03:17:13 I COULDN'T HEAR THAT.
03:17:14 >>GUIDO MANISCALCO: WE IT COULD NOT HEAR THE AUDIO FROM
03:17:18 THE VIDEO, IF YOU COULD PLAY IT AGAIN.
03:17:25 NO, KEITH CAN'T HEAR IT.
03:17:27 >> SO HE'S SAYING JUST TO REMIND YOU, IF YOU ARE NOT
03:17:31 SEATED, YOU MUST HAVE YOUR MASK ON.
03:17:34 LET ME PLAY IT ONE MORE TIME.
03:17:41 IF YOU ARE NOT SEATED AT A TABLE, YOU MUST HAVE YOUR MASK
03:17:44 ON.
03:17:44 >>GUIDO MANISCALCO: I HEARD IT FAINTLY.
03:17:48 >> THIS IS THE FIRST FLOOR.
03:17:50 WE DO THIS ON ALL THREE FLOORS.
03:17:52 ALL THE DJs DO IT EVERY 30 MINUTES TO HOUR.
03:17:55 I WOULD ALSO LIKE TO NOTE THAT THE FIRST FLOOR AND THE
03:17:59 SECOND FLOOR WE SAW THE PICTURES OF.
03:18:02 BOTH THOSE FLOORS WERE CLOSED.
03:18:03 WE CLOSED THOSE.
03:18:05 THOSE WERE ONCE AGAIN LIGHTS ON, MUSIC OFF, WE HAD THOSE
03:18:09 CLOSED FOR A VERY LONG INDEFINITE PERIOD OF TIME.
03:18:14 AN INDICATION OF HOW SERIOUSLY WE TAKE THIS.
03:18:16 >>GUIDO MANISCALCO: OKAY.
03:18:18 IS THAT EVERYTHING?
03:18:24 >> ONE FINAL QUESTION.
03:18:26 I WOULD ASK MY CLIENT IF HE'S CLOSED FOR 30 DAYS WHAT
03:18:29 KIND OF FINANCIAL BURDEN WOULD THIS IMPOSE?
03:18:31 >>CAMARIA PETTIS-MACKLE: CITY ATTORNEY'S OFFICE.
03:18:34 BEFORE COUNSEL ASKS QUESTIONS ABOUT THE CONDITIONS ABOUT
03:18:40 ANYTHING THAT COUNCIL MAY IMPOSE, I WOULD LIKE TO ADDRESS
03:18:42 THE VIDEO.
03:18:43 >>GUIDO MANISCALCO: OKAY, GO AHEAD.
03:18:45 >>LUKE LIROT: YES, MA'AM.
03:18:46 >>CAMARIA PETTIS-MACKLE: THERE'S NO INDICATION ABOUT
03:18:47 WHAT DATE THAT VIDEO WAS.
03:18:49 >> IT'S ACTUALLY --
03:18:54 >>MARTIN SHELBY: CAN YOU BRING UP THE OVERHEAD, PLEASE?
03:18:56 >>CAMARIA PETTIS-MACKLE: WHAT IS THE DATE ON THE VIDEO?
03:19:00 >> IT SHOWS ON THE OVERHEAD.
03:19:01 IT'S TIME STAMPED ON THE OVERHEAD.
03:19:04 DECEMBER 18th, 2020.
03:19:06 THIS IS 2 A.M.
03:19:09 ONE OF OUR HOSTS BROUGHT THIS IN.
03:19:13 >> AND THIS DJ IS ONE OF YOUR EMPLOYEES?
03:19:16 >> IT WOULD BE A CONTRACTOR, MA'AM.
03:19:17 >>CAMARIA PETTIS-MACKLE: AND YOU ACKNOWLEDGE THAT HE
03:19:19 ALSO IS NOT WEARING A MASK, CORRECT?
03:19:21 >> SOCIALLY DISTANCED, MA'AM.
03:19:23 HE'S UP THERE BY HIMSELF.
03:19:25 >> CAN YOU JUST RESPECTFULLY ANSWER MY QUESTION?
03:19:28 IS HE WEARING A MASK?
03:19:29 >> HE IS NOT WEARING A MASK.
03:19:31 >> THANK YOU.
03:19:31 THE CITY HAS NO FURTHER QUESTIONS FOR THIS WITNESS.
03:19:34 >>GUIDO MANISCALCO: YOU HAD A FINAL QUESTION, MR. LIROT?
03:19:36 GO AHEAD?
03:19:38 >>LUKE LIROT: I WAS GOING TO ASK ABOUT THE FINANCIAL
03:19:40 BURDEN OF SUSPENSION.
03:19:41 >> SO AFTER OUR SECOND TICKET, OUR NUMBERS WERE ABOUT
03:19:49 110, 120,000 A WEEK.
03:19:52 IT WAS OPEN FOUR DAYS A WEEK.
03:19:54 WE HAD ALMOST 57 EMPLOYEES.
03:19:57 WE SHUT DOWN OUR FIRST AND SECOND FLOORS.
03:20:00 AFTER WE GOT THE SECOND VIOLATION.
03:20:02 AND WE DROPPED DOWN TO 21, 22 EMPLOYEES.
03:20:07 I HAD TO TAKE ON EXTRA EMPLOYEES.
03:20:09 I HAD TO KEEP ON A LOT OF EXTRA SECURITY SO THEY CAN BE
03:20:11 ON ALL THE FLOORS MAKING SURE PEOPLE HAVE THEIR MASKS ON.
03:20:14 AND MOVING UP TO THE ROOF TOPS, BUT THE IMPACT OF JUST
03:20:19 THAT, JUST CLOSING THE FIRST FLOORS, WAS ALMOST 50 TO 60%
03:20:24 OFF OF OUR REVENUE.
03:20:25 BECAUSE WE ARE ONLY ABLE TO HAVE THE ROOFTOP OPEN.
03:20:28 SO WE ARE RUNNING AT A LOSS FOR A LONG TIME.
03:20:34 HAVING TO PUT MONEY BACK INTO THE BUSINESS.
03:20:36 AND TO BE CLOSED FOR 30 DAYS WOULD BE PRETTY DRAMATIC AS
03:20:42 WE EXPERIENCED BACK IN MARCH.
03:20:44 AND I CAN'T TELL YOU THE IMPACT THAT WAS DONE FINANCIALLY
03:20:48 TO NOT ONLY ME BUT MY EMPLOYEES DURING THAT TIME.
03:20:50 >>GUIDO MANISCALCO: ALL RIGHT.
03:20:52 THANK YOU VERY MUCH.
03:20:54 >>LUKE LIROT: THAT WOULD CONCLUDE THE RESPONDENT'S
03:20:57 PRESENTATION.
03:20:58 I WOULD LIKE TO RESERVE CLOSING STATEMENT, IF I MAY.
03:21:00 >>GUIDO MANISCALCO: DO WE HAVE ANYTHING ELSE FROM THE
03:21:03 CITY, MS. JOHNSON-VELEZ?
03:21:05 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
03:21:09 IF WE ARE TRYING TO FOLLOW THE ORDER OF PRESENTATION, I
03:21:13 THINK IT WOULD BE APPROPRIATE FOR MR. LIROT TO MAKE HIS
03:21:18 CLOSING FIRST AND THEN I WILL --
03:21:20 >>> MR. LIROT, YOU CAN MAKE YOUR CLOSING STATEMENT NOW
03:21:22 AND THEN FOLLOWED BY THE CITY.
03:21:25 >>LUKE LIROT: IF IT PLEASE THE COUNCIL.
03:21:26 I THINK THAT I WILL SIMPLY INCORPORATE BY REFERENCE THE
03:21:28 JURISDICTIONAL ISSUES WE HAVE, BUT I WILL SAY THAT BASED
03:21:32 ON THE EVIDENCE AND TESTIMONY THAT YOU HAVE HEARD TODAY
03:21:35 THAT THE CONCEPT OF, QUOTE, MAKE REASONABLE EFFORT HAS
03:21:40 BEEN FULLY SATISFIED BY MY CLIENT.
03:21:42 I WOULD RESPECTFULLY SUBMIT THAT THE BRIEF PERIOD OF TIME
03:21:47 THAT WAS THE SUBJECT -- AND AGAIN, I HAVE ALL THE RESPECT
03:21:51 IN THE WORLD, I WORK WITH CODE ENFORCEMENT OFFICERS IN
03:21:53 OTHER CODE ENFORCEMENT CASES EXTENSIVELY, AND I HAVE I
03:21:56 HAVE HAD NOTHING BUT THE GREATEST OF RESPECT FOR THEM.
03:21:59 THEY ARE THE CONSUMMATE PROFESSIONALS AND I HAVE NEVER
03:22:02 HAD ANY PROBLEM WITH THEM AND I DON'T TODAY.
03:22:04 BUT I WOULD RESPECTFULLY SUBMIT THAT THAT BRIEF OF A
03:22:07 PERIOD OF TIME, AND THE CONDUCT THAT YOU SEE AT THIS WET
03:22:11 ZONED ESTABLISHMENT, AND THE POTENTIAL FOR PUNISHMENT
03:22:14 HERE FOR THE BEHAVIOR OF OTHER PEOPLE, THERE'S NO
03:22:18 EVIDENCE WHATSOEVER THAT ANYONE PURPOSELY IGNORED A
03:22:22 DIRECTIVE.
03:22:23 IT'S SIMPLY CIRCUMSTANTIAL EVIDENCE BECAUSE YOU SAW
03:22:27 PEOPLE STANDING UP FOR A BRIEF MOMENT OR HOWEVER LONG, WE
03:22:29 DON'T HAVE ANY EVIDENCE OF HOW LONG ANYBODY WAS NOT IN
03:22:32 COMPLIANCE FOR WHATEVER PERIOD OF TIME FOR AS SHORT AS
03:22:35 THEY WERE THERE.
03:22:36 THERE'S NO EVIDENCE THAT MY CLIENTS DIDN'T MAKE EVERY
03:22:39 REASONABLE EFFORT WITH THE SIGNAGE THAT YOU HAVE SEEN,
03:22:42 THE ANNOUNCEMENTS THAT YOU HAVE THE EVIDENCE OF, THE
03:22:46 EFFORTS OF THE EMPLOYEES TO WEAR MASKS AND ASK OTHER
03:22:50 PEOPLE TO WEAR MASKS AND ULTIMATELY ALL OF THE CRITERIA,
03:22:54 TO EVALUATE THEM, TO MAKE JUDGMENT ON, THE OVERARCHING
03:22:58 ELEMENT, DID SOMEONE MAKE A REASONABLE EFFORT, NOT THAT
03:23:01 DID THEY DO THAT 100% OF THE TIME EVERY DAY, BUT WAS
03:23:05 THERE A REASONABLE EFFORT TO COMPORT WITH THAT?
03:23:07 AND I THINK CANDIDLY IF YOU FACTOR IN THE LEGAL ARGUMENTS
03:23:10 THAT I HAVE MADE, NOT TO MENTION THE ISSUES WITH THE
03:23:13 GOVERNOR'S ORDER OF SEPTEMBER 25th THAT SAY THEY ARE
03:23:16 ALLOWING PEOPLE TO BE 100% OPEN, AND THEY REMOVED THE
03:23:20 ABILITY FOR ANY KIND OF LOCAL MUNICIPALITY TO HOLD
03:23:23 INDIVIDUALS RESPONSIBLE FOR COVID VIOLATIONS AND THINGS
03:23:26 OF THAT NATURE, I WOULD RESPECTFULLY SUBMIT THAT ANY
03:23:29 PERIOD OF SUSPENSION WOULD BE OVERWHELMINGLY PUNITIVE AND
03:23:33 WOULD DRAMATICALLY BE UNFAIR TO MY CLIENT, AND I HATE TO
03:23:38 SAY THIS, BUT I WAS ASKED THIS 50 TIMES IN THE LAST DAY,
03:23:42 HOW DO YOU COMPARE THIS SITUATION AND THE POTENTIAL FOR
03:23:46 THE SPREAD OF THE COVID-19 VIRUS WITH THE TENS OF
03:23:50 THOUSANDS OF PEOPLE THAT ENJOYED THE SUPER BOWL?
03:23:54 I'M NOT TRYING TO SAY THAT THE OTHER CAR WAS GOING FASTER
03:23:56 THAN ME.
03:23:57 THAT'S NOT A GOOD ARGUMENT.
03:23:58 BUT I THINK YOU HAVE TO PUT 234th IN A PERSPECTIVE
03:24:01 FOR BUSINESSES THAT WERE CLOSED FOR NINE MONTHS TO NOW BE
03:24:03 FACED WITH THIS INCREDIBLE BE PENALTY IS I THINK
03:24:07 FUNDAMENTALLY UNFAIR AND I WOULD ASK THAT YOU FIND IN
03:24:10 FAVOR OF MY CLIENT AND FIND THAT THEY DID MAKE EVERY
03:24:13 REASONABLE EFFORT TO IMPLEMENT THE CRITERIA NECESSARY TO
03:24:16 PREVENT THE FINDING OF A VIOLATION AS THEY ACTED
03:24:20 UNREASONABLY, IRRESPONSIBLY OR IN ANY NEGATIVE FASHION TO
03:24:23 SUPPORT ANY SUSPENSION OF THEIR WET ZONING.
03:24:26 I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE AND I
03:24:28 CERTAINLY APPRECIATE THE PRIVILEGE OF THE TIME YOU HAVE
03:24:30 GIVEN ME HERE TODAY.
03:24:32 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
03:24:32 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
03:24:37 I WANT TO START BY NOTING THAT THE ABILITY TO SELL
03:24:39 ALCOHOLIC BEVERAGES AT ANY PROPERTY WITHIN THE CITY IS A
03:24:42 PRIVILEGE, NOT A RIGHT.
03:24:43 AND SO THOSE WHO HOLD THAT PRIVILEGE ARE HELD TO A
03:24:48 STANDARD REQUIRES THEM TO COMPLY WITH THE LAWS AND TO
03:24:52 COMPLY WITH EXECUTIVE ORDERS THAT FURTHER THE PUBLIC
03:24:55 HEALTH AND SAFETY, PARTICULARLY IN A TIME OF AN EMERGENCY
03:25:00 LIKE WE ARE IN AT THIS MOMENT.
03:25:05 MR. LIROT HAS RAISED ADDITIONAL ISSUES AGAIN.
03:25:08 I BELIEVE I HAVE ADDRESSED THOSE ISSUES A COUPLE OF TIMES
03:25:10 DURING THIS HEARING SO I AM NOT GOING TO REPEAT MY
03:25:13 COMMENTS ON THAT.
03:25:14 BUT AGAIN, THE CITY DOES NOT BELIEVE THERE ARE ANY
03:25:16 JURISDICTIONAL ISSUES FOR COUNCIL TO PROCEED TO A
03:25:19 DECISION ON THIS MATTER TODAY.
03:25:23 MR. LIROT HAS ALSO SAID THAT THERE'S NO EVIDENCE THAT
03:25:28 THERE'S ANY VIOLATION, THAT HIS CLIENT HAS MADE
03:25:31 REASONABLE EFFORTS.
03:25:32 REASONABLE EFFORTS ARE DEFINED IN THE ORDER.
03:25:36 I POINTED THEM OUT TO YOU AND LISTED THEM.
03:25:39 WHAT REQUIREMENTS, BUSINESS OWNERS MUST COMPLY IN ORDER
03:25:42 TO BE FOUND TO HAVE MADE REASONABLE EFFORTS.
03:25:46 AND YOU HEARD NOT CIRCUMSTANTIAL EVIDENCE, AS MR. LIROT
03:25:52 HAS CHARACTERIZE IT.
03:25:54 WHAT YOU HEARD WAS DIRECT EVIDENCE IN THE FORM OF CODE
03:25:58 ENFORCEMENT INSPECTORS' TESTIMONY, THOSE WHO WERE THERE
03:26:02 THAT EVENING, THE INSPECTORS WHO TOOK THE PICTURES.
03:26:05 YOU HAVE SEEN AND DIRECT EVIDENCE.
03:26:08 IT'S NOT CIRCUMSTANTIAL EVIDENCE.
03:26:09 IT'S DIRECT EVIDENCE.
03:26:10 AND THAT WHAT THAT EVIDENCE SHOWED AGAIN UNCONTROVERTED
03:26:14 IS THAT THERE WAS THE CONGREGATION OF UNSEATED PERSONS.
03:26:18 THE CODE INSPECTORS TESTIFIED THAT THE ROOM WAS SO
03:26:21 CROWDED THAT THEY COULD HARDLY MAKE THEIR WAY THROUGH IT.
03:26:25 AND SO THAT VIOLATES SECTION 3-C, I'M SORRY, VIOLATES THE
03:26:33 COUNTY'S ORDER WHICH HAS BEEN INCORPORATED INTO THE CITY
03:26:35 ORDER, SO BOTH ORDERS THAT PROHIBIT A BUSINESS FROM
03:26:38 MAINTAINING SPACES THAT ALLOW CONGREGATING UNSEATED
03:26:42 PERSONS.
03:26:43 AND I WILL NOTE THAT ON BOTH DAYS, DECEMBER 19th AND
03:26:46 DECEMBER 26th, THAT SAME VIOLATION WAS NOTED FOR BOTH
03:26:49 OF THOSE DAYS.
03:26:53 REASONABLE EFFORTS ALSO REQUIRE PEOPLE WHO ARE NOT SEATED
03:26:58 NOT TO BE SERVED AT THE BARS.
03:26:59 IT ALLOWS NO STANDING AT THE BARS.
03:27:02 AND THE PICTURES AS WELL AS THE DIRECT TESTIMONY FROM THE
03:27:05 CODE INSPECTORS CONFIRMS AND ESTABLISHES THAT PEOPLE WERE
03:27:09 IN THE FACT NOT SEATED AT THE BARS AND PEOPLE WERE
03:27:11 CONGREGATED WITHIN THE AREAS OF THE ESTABLISHMENT.
03:27:16 THERE WAS ALSO TESTIMONY, DIRECT TESTIMONY FROM THE CODE
03:27:19 INSPECTORS THAT THERE WAS AN EMPLOYEE NOT WEARING A MASK.
03:27:25 DURING THE TWO DAYS IN QUESTION.
03:27:27 AND SO WE BELIEVE, AGAIN, THAT THERE HAS BEEN DIRECT
03:27:32 EVIDENCE THAT HAS ESTABLISHED THE FACT THAT VIOLATIONS
03:27:34 DID OCCUR ON DECEMBER 19th AND DECEMBER 26th, AND
03:27:41 THAT DOES JUSTIFY THE FINDING BY CITY COUNCIL THAT THE
03:27:46 TANGRA HAS VIOLATED SECTION 27-318 C-1-F OF THE CITY
03:27:52 CODE.
03:27:54 ALL OF THE EVIDENCE AND TESTIMONY THAT MR. LIROT AND HIS
03:27:58 CLIENT HAVE PROVIDED GO TO MITIGATION PERHAPS, AND
03:28:02 COUNCIL CERTAINLY IS ENTITLED TO CONSIDER THAT, BUT THEY
03:28:05 DO NOT CRICKET THE DIRECT TESTIMONY AND THE DOCUMENTARY
03:28:09 EVIDENCE THAT THE CITY HAS PRESENTED TO YOU THIS
03:28:11 AFTERNOON.
03:28:12 AND SO, COUNCIL, WE DO ASK THAT COUNCIL MAKE A FINDING
03:28:16 THAT TANGRA HAS VIOLATED 27-318-C-1-F AND THAT COUNCIL
03:28:24 AGAIN IMPOSE PENALTIES SUSPENSION OF 30 DAYS FOR THAT
03:28:29 VIOLATION.
03:28:29 I'M HAPPY -- OH, I DID WANT TO MENTION, MR. CARLSON, WHO
03:28:35 HADN'T HAD HIS QUESTION ANSWER BOARD OF DIRECTOR
03:28:38 EDUCATION, THE ESTABLISHMENT, IF YOU RECALL MR. O'CONNOR
03:28:41 TESTIFIED THAT ON JUNE 25th IS WHEN CODE ENFORCEMENT
03:28:44 WENT TO A VARIETY OF ESTABLISHMENTS THROUGHOUT THE CITY
03:28:49 AND MADE EXTENSIVE EFFORTS TO EDUCATE ALL THE
03:28:51 ESTABLISHMENTS AS RESTAURANTS AND BARS STARTED OPENING UP
03:28:55 AGAIN.
03:28:57 THEY WERE EDUCATED AGAIN ON DECEMBER 19th WHEN THEY
03:29:00 WERE GIVEN A CITATION.
03:29:02 THE INSPECTOR TESTIFIED THAT HE SPOKE TO CHRIS WHO
03:29:04 TESTIFIED ON BEHALF OF TANGRA THIS AFTERNOON, AND SO
03:29:07 CHRIS WAS THE VERY ONE WHO RECEIVED THAT EDUCATION.
03:29:11 AND YET THERE WAS STILL A SECOND VIOLATION ONE WEEK LATER
03:29:14 IN WHICH CHRIS WAS ALSO PRESENT AND THE VIOLATIONS WERE
03:29:17 ALSO OCCURRING AGAIN ON THAT DATE AS ESTABLISHED AGAIN BY
03:29:20 THE TESTIMONY OF THE CODE INSPECTORS AND THE DOCUMENTARY
03:29:24 EVIDENCE IN THE FORM OF THE PHOTOGRAPHS.
03:29:26 AND SO I DON'T NOT IF THAT SUFFICIENTLY ANSWERS YOUR
03:29:30 QUESTION, SIR.
03:29:31 THEN THE ONLY OTHER COMMENT I WANTED TO MAKE WAS I KNOW
03:29:33 MR. MANISCALCO, YOU HAD ASKED ABOUT 100% CAPACITY.
03:29:37 AND WE ARE IN 100% CAPACITY AT THIS POINT, BUT WE ARE
03:29:40 ALSO UNDER THE MASK ORDERS THAT REQUIRE MASKS BEING WORN
03:29:44 INDOORS.
03:29:45 SO IT'S JUST A FACT THAT ESTABLISHMENTS MAY NOT BE ABLE
03:29:48 TO REACH THAT 100% CAPACITY WHILE MAINTAINING THE SOCIAL
03:29:51 DISTANCING THAT'S REQUIRED UNDER THESE ORDERS.
03:29:53 SO I DID WANT TO ADDRESS THAT AS WELL.
03:29:55 I'M HAPPY TO ANSWER ANY OTHER QUESTIONS THAT YOU MIGHT
03:29:57 HAVE.
03:29:57 >>GUIDO MANISCALCO: JUST TO CLARIFY, YOU SAID THAT THEY
03:29:59 MAY NOT REACH 100% CAPACITY IF THEY ARE NOT ABIDING BY
03:30:03 THE MASK ORDER.
03:30:07 >>SUSAN JOHNSON-VELEZ: THEY MAY NOT BE ABLE TO BECAUSE
03:30:09 THEY HAVE TO COMPLY REQUEST THAT AS WELL.
03:30:12 >>GUIDO MANISCALCO: COUNCILMAN CARLSON.
03:30:14 >>BILL CARLSON: SORRY IF I DIDN'T HEAR YOU SAY THAT BUT
03:30:18 PART OF THE ARGUMENT FROM MR. LIROT WAS A 15 MINUTE
03:30:21 WINDOW AND MAY NOT BE REPRESENTATIVE OF A LARGER NIGHT.
03:30:25 WHAT'S THE RESPONSE TO THAT?
03:30:27 >>SUSAN JOHNSON-VELEZ: I WASN'T THERE THAT NIGHT, BUT IT
03:30:30 DOES NOT VITIATE THE FACT THERE WAS A VIOLATION THAT
03:30:35 OCCURRED, WHETHER IT WAS A 15 MINUTE WINDOW OR 2 HOUR
03:30:39 WINDOW.
03:30:40 THE INSPECTORS STAYED FOR THE WHOLE NIGHT BUT THE FACT
03:30:43 REMAINS, AND I DON'T BELIEVE MR. LIROT DENIED, NOR DID
03:30:48 HIS WITNESS BETWEEN THE FACT THAT THE VIOLATIONS ACTUALLY
03:30:51 OCCURRED.
03:30:52 >>LUIS VIERA: I HAVE GOT A QUESTION FOR YOU.
03:30:56 WITH REGARDS TO -- I DON'T WANT TO CALL IT PUNISHMENT.
03:31:02 WHAT ARE OUR OPTIONS?
03:31:03 WE IMPOSE MONETARY FINES AS -- WE MAY NOT.
03:31:07 I SEE MR. SHELBY.
03:31:08 WE MAY NOT.
03:31:09 >>SUSAN JOHNSON-VELEZ: UNDER SECTION 27-318 WHICH IS THE
03:31:12 CODE SECTION WE ARE PROCEEDING UNDER, IT AUTHORIZES
03:31:15 COUNCIL TO SUSPEND, AND BECAUSE THE MAXIMUM PENALTY IS A
03:31:19 30-DAY SUSPENSION.
03:31:21 >>LUIS VIERA: THANK YOU, MA'AM.
03:31:22 >>SUSAN JOHNSON-VELEZ: YOU'RE WELCOME.
03:31:24 >>JOSEPH CITRO: THANK YOU VERY MUCH, MR. CHAIR.
03:31:26 IN YOUR PACKET, I'M LOOKING AT CITATIONS THAT WERE HANDED
03:31:31 OUT BY CODE ENFORCEMENT.
03:31:33 BUT I ALSO SEE TPD, PO 2020-582469.
03:31:41 IS THAT SOME SORT OF CITATION OR WARNING THAT WAS OFFERED
03:31:48 BY TAMPA POLICE DEPARTMENT?
03:31:59 >>SUSAN JOHNSON-VELEZ: THAT'S JUST A DOCUMENTATION
03:32:00 BECAUSE ON A LOT OF THESE VISITS THERE WERE BOTH TPD AND
03:32:05 CODE ENFORCEMENT SO JUST TPD REPORT, THAT THEY WERE
03:32:11 ACCOMPANYING THE CODE ENFORCEMENT INSPECTORS ON THAT
03:32:14 VISIT.
03:32:16 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
03:32:18 >>GUIDO MANISCALCO: ANYBODY ELSE?
03:32:19 COUNCILMAN DINGFELDER.
03:32:20 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
03:32:23 SO MR. LIROT, MS. VELEZ, IF YOU WANT TO COMMENT AFTER MR.
03:32:36 LIROT, BUT YOU MADE THE COMMENT, AND DURING BREAK I HAD
03:32:41 THE OPPORTUNITY TO GO FIND IT.
03:32:45 IT LOOKS LIKE A DISTRICT COURT CASE LOCALLY, A WHILE
03:32:48 BACK, THAT YOU PARTICIPATED IN THE LITIGATION.
03:32:52 IS MR. LIROT ON THE SCREEN?
03:32:54 THERE HE IS.
03:33:00 MAKING YOUR ARGUMENT, IT INTRIGUED ME BECAUSE VICARIOUS
03:33:02 LIABILITY, THAT SORT OF ISSUE, BUT WHEN I READ WHAT I
03:33:11 THINK MIGHT BE THE RELEVANT PART, THE DISTRICT COURT
03:33:18 CITES LADY LINGERIE VERSUS CITY OF JACKSONVILLE WHICH IS
03:33:23 11th CIRCUIT 1999 CASE, AND I HAVEN'T HAD A CHANCE TO
03:33:28 SHEPHERD THESE, POINTED OUT TO ME, BUT I ASSUME SINCE HE
03:33:35 CITED BLUE MOON AND LADY LINGERIE BY THE SUPREME COURT,
03:33:36 BUT, ANYWAY, I WANT TO READ RELEVANT POSITION. IN LADY
03:33:40 LINGERIE, THE 11TH CIRCUIT RECOGNIZED THE APPLICATION OF
03:33:49 RESPONDENTS LIABILITY IN THE CONTEXT OF PUBLIC WELFARE
03:33:51 CRIMES, BUT CRIMES ARE NOT CRIMES IN THE TRADITIONAL
03:33:56 SENSE, INSTEAD THEY ARE MEANS OF REGULATING ACTIVITIES
03:33:59 THAT POSE A SPECIAL RISK TO PUBLIC HEALTH OR SAFETY.
03:34:04 THE COURT IN LADY LINGERIE FURTHER RECOGNIZED THAT SUCH
03:34:09 LIABILITY IS LIMITED TO CIRCUMSTANCES WHERE THE DEFENDANT
03:34:11 HAS A REASONABLE RELATION TO PREVENT UNLAWFUL CONDUCT OR
03:34:15 OMISSION, WHERE DEFENDANT HAS THE POWER TO PREVENT
03:34:20 VIOLATIONS FROM OCCURRING.
03:34:23 AND WITH ADDITIONAL CITATIONS TO THE U.S. SUPREME COURT
03:34:30 CASE FROM 1975.
03:34:34 IT GOES ON TO SAY, HOWEVER, CRIMINAL LIABILITY BASED ON
03:34:37 THE RESPONDENT -- IS INAPPROPRIATE WHERE THE PENALTY
03:34:43 INVOLVED.
03:34:44 CLEARLY WE ARE NOT THREATENING IMPRISONMENT; WE ARE
03:34:46 THREATENING A REGULATORY ACTIVITY WITH REGARD TO WHAT MS.
03:34:50 JOHNSON-VELEZ JUST SAID WHICH IS THE SUSPENSION OF THE
03:34:54 LICENSE TO OPERATE.
03:34:58 BUT GOING BACK TO THE KEY PHRASE HERE, LIABILITY IS
03:35:03 LIMITED TO CIRCUMSTANCES WHERE THE DEFENDANT HAS A
03:35:05 REASONABLE RELATION TO PREVENT CONDUCT, THAT IS WHERE
03:35:09 DEFENDANT HAS THE POWER TO PREVENT VIOLATIONS FROM
03:35:12 OCCURRING.
03:35:15 I THINK TO ME THAT'S SORT OF THE CRUX OF THIS CASE, AND
03:35:18 WHAT I AM TROUBLED WITH IS THESE CODE ENFORCEMENT
03:35:22 OFFICERS, WENT UP AND DOWN THE STREET ON 7th AVENUE
03:35:25 AND ELSEWHERE AROUND THE CITY, HOWARD AVENUE AND OTHER
03:35:28 CLUBS, OKAY, AND THEY FOUND CLUBS THAT WERE -- THAT WERE
03:35:36 CONSISTENT IN COMPLYING.
03:35:37 I THINK THERE'S TESTIMONY ALONG THE LINES, IF THERE IS
03:35:41 THEN WE SHOULD ELICIT THAT TESTIMONY.
03:35:45 AND YET IN YOUR CLUB AS WELL AS 8 OTHER CLUBS THAT ARE
03:35:50 COMING IN FRONT OF US IN THE NEXT COUPLE OF WEEKS, THEY
03:35:54 WENT BACK ON TWO OCCASIONS AND FOUND VIOLATIONS BASICALLY
03:35:59 SAYING YOUR CLIENT FAILED TO PREVENT THOSE VIOLATIONS
03:36:04 FROM OCCURRING, AND IT WAS REASONABLE THAT THEY COULD
03:36:09 HAVE PREVENTED THOSE VIOLATIONS FROM OCCURRING.
03:36:12 AND I KNOW IT'S A LONG WINDED QUESTION, BUT I WOULD LIKE
03:36:16 TO HEAR YOUR RESPONSE TO THAT, BECAUSE I THINK IT'S
03:36:19 REALLY CRITICAL, YOU LIKE TO BREAK IT DOWN TO SIMPLE
03:36:29 TERMS, MR. LIROT.
03:36:31 SIMPLE TERMS, EVERYBODY ELSE LOOKS LIKE THEY ARE ABLE TO
03:36:34 COME INTO COMPLIANCE, SOMETIMES WITH A LITTLE NUDGING,
03:36:37 WITH A LITTLE WARNING AND THAT SORT OF THING, BUT YOUR
03:36:40 CLIENT HAD TWO OPPORTUNITIES A WEEK APART AND STILL HAD
03:36:45 SIGNIFICANT VIOLATIONS THAT WE SAW PHOTOGRAPHED.
03:36:48 WHETHER OR NOT IT WAS FOR A MINUTE OR FIVE MINUTES OR 15
03:36:50 MINUTES, IT'S STILL A VIOLATION.
03:36:55 IT A COP DOESN'T LET YOU OFF WITH A SPEEDING TICKET
03:36:58 BECAUSE YOU SAID, WELL, I WASN'T SPEEDING A MILE BACK,IS
03:37:01 PROMISE I WON'T SPEED WHEN I LEAVE FROM HERE, BUT HE
03:37:05 CAUGHT YOU SPEEDING AT THAT MOMENT. ANYWAY, SORRY,
03:37:08 MR. CHAIRMAN, FOR THE LONG-WINDED QUESTION.
03:37:10 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
03:37:10 ANY OTHER COUNCIL MEMBERS?
03:37:11 >> I WANTED AN OPPORTUNITY.
03:37:19 >>GUIDO MANISCALCO: MR. LIROT.
03:37:22 >>LUKE LIROT: I WILL MAKE ONE BRIEF COMMENT.
03:37:23 THIS IS FOR THE BENEFIT OF EVERYONE IN THESE PROCEEDINGS.
03:37:25 THE SPEAKER IN THIS ROOM IS ALL THE WAY AT THE MAJOR
03:37:29 MONITOR IN THE LARGER AREA.
03:37:31 THERE'S NO SPEAKER BACK HERE, SO YOU HAVE TO READ IT ON
03:37:33 THE CRAWL.
03:37:35 BUT I UNDERSTAND THE QUESTION.
03:37:36 AND I AM READY TO COMMENT.
03:37:38 >>JOHN DINGFELDER: I APOLOGIZE FOR THE TECHNICAL PROBLEM
03:37:43 BUT I HOPE YOU HEARD MY QUESTIONS.
03:37:47 >>LUKE LIROT:THE DISTINCTION BETWEEN THE BLUE MOON CASE
03:37:50 AND WHAT WE ARE TALKING ABOUT IS CRIMINAL LIABILITY.
03:37:53 CAN YOU IMPOSE A CRIMINAL LIABILITY ON SOMEONE FOR THE
03:37:56 BEHAVIOR OF SOMEONE ELSE?
03:37:56 JUST ON THE BASIS OF WHAT'S CALLED A RESPONSIBLE
03:37:59 RELATION, NOT A CO-CONSPIRATOR, NOT SOMEBODY THAT SAYS,
03:38:03 HEY, LET'S GET TOGETHER AND BREAK THE LAW OR DO THIS.
03:38:05 YOU ARE TALKING ABOUT THE MANAGEMENT OF LARGE, VERY
03:38:10 POPULAR PLACES OF PUBLIC ASSEMBLY IN YBOR CITY THAT
03:38:13 AGAIN, WITHOUT ANY KIND OF TRYING TO LIGHTEN UP WHAT'S
03:38:18 HAPPENED HERE OR TRYING TO MAKE UP FOR THE NINE MONTHS
03:38:20 THAT THEY WERE CLOSED.
03:38:21 THAT DOES NOT JUSTIFY ANY RESPONSIBILITY, IT DOESN'T
03:38:24 JUSTIFY ANY ASPECT OF NOT BEING DILIGENT IN ADHERING TO
03:38:28 THE PROVISIONS OF THE ORDER THAT WE ARE HERE ON TODAY.
03:38:31 BUT IF IN FACT THE CODE ENFORCEMENT PEOPLE SEE SOMEONE
03:38:35 WITHOUT A MASK, AND IT'S A SMALL PERCENTAGE, WOULD THAT
03:38:39 NOT HAVE A DIRECT IMPACT ON THE DEMOGRAPHICS OF THE
03:38:42 PATRONS?
03:38:43 I DON'T KNOW WHAT OTHER PLACES ARE BEING HELD IN
03:38:46 COMPARISON MAY NOT HAVE THE SAME LEVEL OF INVESTIGATION,
03:38:49 THEY MAY NOT HAVE THE SAME LEVEL OF CONDUCT, BUT THERE
03:38:52 JUST SEEMED TO BE A GREAT NUMBER OF VARIABLES HERE THAT
03:38:55 JUST CAN'T BE ADJUSTED TO PROVIDE AN ANSWER TO THE
03:38:58 QUESTION.
03:38:59 AGAIN, MY POSITION WAS, THESE PEOPLE THAT ARE BEING
03:39:03 PUNISHED -- AND THERE'S NO BETTER WORD TO USE -- BY THE
03:39:06 IMPOSITION OF A SUSPENSION ON THEIR BUSINESS ARE THE
03:39:08 OWNERS AND THE OPERATORS OF THE BUSINESS WHO MAY NOT EVEN
03:39:13 HAVE BEEN IN ATTENDANCE ON THAT DAY.
03:39:14 SO DOES THAT RELATIONSHIP SUPPORT THE IMPOSITION OF A
03:39:18 PENALTY ON THEM?
03:39:19 I DON'T KNOW.
03:39:20 SO THAT'S TO ME WHERE THE EVIDENCE IS LACKING.
03:39:23 AND AGAIN, THE BURDEN IS ON THE CITY, AND I AM NOT GOING
03:39:27 TO DISPUTE ANY ADDITIONAL EVIDENTIARY ISSUES.
03:39:29 BUT FROM MY PERSPECTIVE, AND AGAIN THIS COULD BE EITHER
03:39:33 WAY, WHICH I KNOW IF THERE'S GOING TO BE ANY AMBIGUITY IT
03:39:36 HAS TO BE CONSTRUED IN FAVOR OF THE ACCUSED OR IN THIS
03:39:38 CASE THE RESPONDENT, WHAT IS A REASONABLE EFFORT?
03:39:42 IF PUTTING THE DJ ON TELLING PEOPLE THAT IF THEY WANT TO
03:39:46 HAVE A DRINK, THEY HAVE TO SIT DOWN, THEY HAVE TO WEAR A
03:39:49 MASK, AND PEOPLE DON'T, AND THEN THEY GO TALK TO THEM,
03:39:51 THAT SEEMS TO BE A REASONABLE EFFORT.
03:39:54 SO IT JUST SEEMS LIKE SUCH A GENERAL CONCEPT.
03:39:58 AND I WOULD HATE TO SEE THE CONCEPT -- EXCUSE ME, THE
03:40:01 TERM REASONABLE EFFORT CHANGE INTO STRICT LIABILITY
03:40:05 BECAUSE YOU SEE PEOPLE WITHOUT MASKS THAT AREN'T SITTING
03:40:08 DOWN OR THINGS LIKE THAT, WHEN YOU HAVE ALL THIS OTHER
03:40:10 EVIDENCE OF PEOPLE SPENDING GREAT AMOUNTS OF MONEY AND
03:40:13 GOING TO GREAT EXTENT TO TRY TO DO THEIR BEST TO COMPLY
03:40:16 WITH THE DICTATES.
03:40:17 I DON'T THINK IT'S FAIR TO POINT TO OTHER LOCATIONS THAT
03:40:21 MAY NOT HAVE THE SAME PROBLEM.
03:40:23 WE HAVE NO IDEA WHAT KIND OF OPERATIONS THEY ARE OR WHAT
03:40:25 DEMOGRAPHIC THEY ATTRACT.
03:40:27 BUT IN THIS INSTANCE, I WOULD RESPECTFULLY SUBMIT THAT MY
03:40:30 CLIENTS HAVE SHOWN THEY HAVE MADE THAT REASONABLE EFFORT,
03:40:33 AND THAT EVEN IF THEY FAILED, THERE'S NO PENALTY FOR
03:40:37 FAILING IF YOU MAKE A REASONABLE EFFORT, IF THAT'S THE
03:40:40 REQUIREMENT OF THE REGULATION AT ISSUE.
03:40:43 SO IT'S NOT SO MUCH THE VIOLATION THAT TEMPERS THE
03:40:47 DETERMINATION, IT'S WHETHER THE EFFORT WAS MADE, NOT
03:40:50 WHETHER IT WAS SUCCESSFUL.
03:40:51 AND I WOULD AGAIN SAY THAT WITH THE EVIDENCE THAT'S BEEN
03:40:55 PRESENTED TO YOU, I WOULD RESPECTFULLY SUBMIT THAT IT
03:40:58 SHOWS MY CLIENTS MADE ANY REASONABLE EFFORT WITH THE
03:41:01 SIGNAGE, THE ANNOUNCEMENTS, THE EMPLOYEES, AND WE HEARD
03:41:06 DIRECT TESTIMONY THAT MY CLIENT HAS ASKED MANY, MANY
03:41:09 PEOPLE TO LEAVE.
03:41:10 WHAT IF THAT HAPPENED WHEN THERE WAS NO CODE ENFORCEMENT
03:41:13 OFFICER THERE?
03:41:13 WE DON'T HAVE ANY EVIDENCE OF THAT OTHER THAN HIS DIRECT
03:41:16 TESTIMONY UNDER OATH.
03:41:17 SO ALL FOUR OF THOSE CRITERIA FROM MY PERSPECTIVE HAVE
03:41:20 BEEN MET.
03:41:22 THERE'S NO REQUIREMENT THAT THEY BE MET WITH PERFECTION.
03:41:26 THEY HAVE TO BE MET IN AN EFFORT TO SHOW THEY MADE A
03:41:29 REASONABLE EFFORT.
03:41:29 AND THAT TO ME IS THE ISSUE.
03:41:31 AND I AM HAPPY TO EXPAND ON ANY OTHER QUESTIONS I HAVE.
03:41:34 AGAIN I THANK YOU FOR THE PRIVILEGE.
03:41:35 >>JOHN DINGFELDER: THANK YOU, SIR.
03:41:38 THANK YOU, MR. CHAIRMAN.
03:41:38 >>GUIDO MANISCALCO: COUNCILMAN CITRO.
03:41:43 >>SUSAN JOHNSON-VELEZ: IF I MAY RESPOND TO THOSE POINTS.
03:41:46 SENIOR ASSISTANT CITY ATTORNEY.
03:41:48 FIRST OF ALL I WANT TO HIGHLIGHT THAT COUNCIL IS NOT
03:41:50 IMPOSING A CRIMINAL PENALTY.
03:41:52 SO I HAVEN'T READ THE BLEW MOON CASE, THAT SPEAKS TO A
03:41:55 CRIMINAL PENALTY, AND ANY IMPACT ON THAT.
03:41:59 THIS IS NOT A CASE WHERE YOU ALL ARE IMPOSING A CRIMINAL
03:42:01 PENALTY.
03:42:04 SECONDLY, I HEAR MR. LIROT, IT SOUND TONE ME LIKE HE IS
03:42:07 QUESTIONING WHAT REASONABLE EFFORT MEANS, AND AGAIN, THAT
03:42:10 IS DEFINED WITHIN THE VERY ORDER.
03:42:12 YOU HAVE TO DO THE FOUR THINGS AT A MINIMUM IN ORDER TO
03:42:16 BE DEEMED TO HAVE MADE REASONABLE EFFORTS.
03:42:18 AND ONE OF THOSE THINGS IS TO REQUIRE EMPLOYEES TO WEAR
03:42:21 MASKS.
03:42:22 AND AGAIN, NOT TO BELABOR THE EVIDENCE, THE TESTIMONY
03:42:24 THAT YOU HAVE SEEN AND HEARD, BUT THERE WAS EVIDENCE AND
03:42:28 TESTIMONY THAT AN EMPLOYEE WAS NOT WEARING A MASK.
03:42:31 THERE HAS BEEN EVIDENCE AND TESTIMONY THAT PEOPLE WERE
03:42:35 CONGREGATING SO THE ESTABLISHMENT WAS MAINTAINING OPEN
03:42:37 SPACES OR SPACE WHERE IS PEOPLE COULD CONGREGATE BUT IT'S
03:42:40 SPECIFICALLY PROHIBITED UNDER THESE ORDERS.
03:42:42 AND SO BY THE DEFINITION OF REASONABLE EFFORT, WITHIN THE
03:42:46 ORDERS, TANGRA HAS NOT MADE REASONABLE EFFORTS TO COMPLY
03:42:50 WITH THE ORDERS.
03:42:52 AND MR. LIROT QUESTIONED THE OWNERS AND OPERATORS OF
03:42:57 THESE ESTABLISHMENTS.
03:42:59 THEY HAVE THE ULTIMATE RESPONSIBILITY FOR WHAT HAPPENS IN
03:43:01 THEIR ESTABLISHMENTS, WHETHER THEY ARE THERE ON THE NIGHT
03:43:03 THAT THE VIOLATIONS OCCUR OR NOT, THEY ARE THE ONE WAS
03:43:05 THE ULTIMATE RESPONSIBILITY.
03:43:07 HE DID SAY THAT WE HAVE NO IDEA WHAT THE OTHER
03:43:10 ESTABLISHMENTS, WHAT KIND OF OPERATIONS.
03:43:13 BUT WHAT WE DO KNOW, BECAUSE MR. O'CONNOR TESTIFIED TO
03:43:15 THAT, IS THAT 90% OF THE ESTABLISHMENTS WHO RECEIVED THE
03:43:18 SAME EDUCATION THAT TANGRA RECEIVED ARE IN COMPLIANCE.
03:43:22 SO THIS IS NOT THE FIRST EFFORT TO TRY TO ENCOURAGE
03:43:31 ESTABLISHMENTS TO COMPLY WITH THESE ORDERS.
03:43:34 THIS IS LAST-DITCH EFFORT IN TRYING TO GET THEM TO COME
03:43:37 INTO COMPLIANCE.
03:43:38 AND SO AGAIN, BASED ON ALL OF THAT, WE BELIEVE THAT
03:43:42 JUSTIFIES THE REMEDY THAT WE ARE REQUESTING THIS
03:43:44 AFTERNOON.
03:43:44 >>GUIDO MANISCALCO: COUNCILMAN CITRO.
03:43:47 >>JOSEPH CITRO: [OFF MICROPHONE]
03:43:51 >>GUIDO MANISCALCO: ANY OTHER COUNCIL MEMBERS HAVE ANY
03:43:53 COMMENTS OR QUESTIONS BEFORE WE TAKE A MOTION AT THIS
03:43:56 TIME TO -- GO AHEAD, SIR.
03:43:59 >>BILL CARLSON: TELL ME IF I AM ALLOWED TO ASK THIS
03:44:05 QUESTION.
03:44:06 IN THE CONTEXT YOU SAID THAT THEY WERE WARNED MULTIPLE
03:44:08 TIMES.
03:44:09 IN THE CONTEXT, DO YOU HAVE ANY IDEA WHAT THE NUMBER OF
03:44:14 ESTABLISHMENTS ARE THAT HAVE BEEN WARNED OVER THE LAST
03:44:16 FEW MONTHS OR THE NUMBER OF WARNINGS IN THE PAST FEW
03:44:19 MONTHS, SO OF THESE FEW CASES THAT ARE IN FRONT OF US,
03:44:23 ARE THERE HUNDREDS OF THEM OR TENS OF THEM?
03:44:27 >>SUSAN JOHNSON-VELEZ: I BELIEVE MR. O'CONNOR IS STILL
03:44:29 AVAILABLE AND HE IS PROBABLY THE BETTER PERSON TO ANSWER
03:44:32 THAT QUESTION BECAUSE IT IS HIS TEAM THAT MADE THOSE
03:44:34 EFFORTS, IF WE COULD BRING HIM BACK UP.
03:44:36 >>GUIDO MANISCALCO: HE'S ON THE SCREEN.
03:44:37 >>MARTIN SHELBY: MR. CHAIRMAN, MR. CHAIRMAN, I DON'T
03:44:39 HAVE A SPECIFIC RECOLLECTION OF HAVING HIM BE SWORN IN.
03:44:42 SO FOR PURPOSES --
03:44:43 >>> IF YOU COULD RAISE YOUR RIGHT HAND AND WE WILL SWEAR
03:44:45 YOU IN JUST TO BE SAFE.
03:44:47 >>THE CLERK: DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY
03:44:50 THAT YOU ARE ABOUT TO GIVE IS THE TRUTH AND NOTHING BUT
03:44:52 THE TRUTH?
03:44:53 >> I DO.
03:44:54 >>THE CLERK: THANK YOU.
03:44:55 >>GUIDO MANISCALCO: GO AHEAD.
03:44:55 >> STEVE O'CONNOR, NEIGHBORHOOD ENHANCEMENT MANAGER.
03:45:01 YES, IT WOULD BE HUNDREDS, AT THAT TIME WE WERE DOING 70
03:45:06 TO 80 CHECKS A NIGHT, THREE NIGHTS A WEEK.
03:45:09 SO AT THIS POINT IT'S PROBABLY OVER A THOUSAND.
03:45:12 >>BILL CARLSON: THANK YOU.
03:45:18 >>GUIDO MANISCALCO: ANYBODY ELSE?
03:45:20 >>LUKE LIROT: COULD I ASK A BRIEF QUESTION PLAINTIFF
03:45:22 O'CONNOR SINCE HE'S JUST BEEN SWORN IN?
03:45:25 >>GUIDO MANISCALCO: GO AHEAD.
03:45:27 >>LUKE LIROT: ARE THOSE WARNINGS OR CITATIONS?
03:45:30 >> THOSE ARE WARNING THE BUSINESSES AS FAR AS VERBAL
03:45:32 WARNINGS, WHEN WE ENTER THE BUSINESS, IF IT'S A MINOR
03:45:36 VIOLATION, WE EXPLAIN THE RULES, THE REGULATIONS.
03:45:40 WE WOULD CONSIDER THAT A WARNING AND JOT IT DOWN THAT
03:45:42 WAY.
03:45:44 >>LUKE LIROT: WHAT ABOUT CITATIONS, IF YOU HAVE A FIGURE
03:45:46 ON THAT?
03:45:47 >> THE TOTAL NUMBER OF CITATIONS THUS FAR IS I THINK IT'S
03:45:53 53.
03:45:54 I DON'T HAVE IT RIGHT IN FRONT OF ME.
03:45:56 IT'S ABOUT 50 CITATIONS.
03:46:02 >>LUKE LIROT: WOULD THOSE CITATIONS OR WARNINGS INCLUDE
03:46:04 OTHER PLACES OF PUBLIC ASSEMBLY LIKE RESTAURANTS OR
03:46:06 SMALLER FACILITIES THAT AREN'T OPEN AT THE SAME HOURS OF
03:46:09 OPERATION AT TANGRA?
03:46:11 >> IT WOULD BE SMALLER ONES BUT MOST OF THEM ARE LATE
03:46:16 NIGHT THAT THEY ARE OPEN TILL 3.
03:46:20 >>LUKE LIROT: THANK YOU.
03:46:20 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
03:46:22 ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS?
03:46:29 IS THERE A MOTION OF FINDING OF GUILT OR NOT GUILTY?
03:46:41 FIRST WE HAVE TO CLOSE THE PUBLIC HEARING.
03:46:43 ANYTHING ELSE, ANY OTHER COMMENTS BEFORE I ASK FOR A
03:46:46 MOTION TO CLOSE?
03:46:51 WE HAVE A MOTION TO CLOSE --
03:46:52 >>MARTIN SHELBY: MR. CHAIRMAN, IF I CAN, MARTIN SHELBY.
03:46:55 >>GUIDO MANISCALCO: YES?
03:46:59 >>MARTIN SHELBY: AGAIN, THIS IS NOT A CRIMINAL MATTER
03:47:02 AND SO IT'S CLEAR FOR CITY COUNCIL TO CLEARLY STATE THAT
03:47:08 IT'S NOT A MATTER OF GUILT BUT IT IS A MATTER OF
03:47:10 VIOLATION OF THE SPECIFIC SECTION OF THE CODE, AND 27-318
03:47:20 C-1-F IS WHAT THE ALLEGATION IS, AND YOUR FINDING, I
03:47:24 BELIEVE IT WAS CHAPTER 13 IN THE BOOK PROVIDED TO YOU,
03:47:30 DOES STATE THAT IN THERE.
03:47:38 IF BEING, MY SUGGESTION WOULD BE THAT YOU ARE TO MAKE, IF
03:47:44 YOU CAN, I WOULD APPRECIATE YOU MAKING FINDINGS OF FACT
03:47:48 IN SUPPORT OF WHATEVER DECISION YOU DO MAKE.
03:47:52 AND WHEN IT COMES WITH REGARD TO THE PENALTY, I WILL
03:47:55 REMAINED YOU OF THE PENALTY PHASE OF THAT SECTION OF THE
03:48:00 CODE AFTER YOUR DETERMINATION THAT IT'S RELEVANT.
03:48:05 >>GUIDO MANISCALCO: ALL RIGHT.
03:48:07 HAVING SAID THAT, DO WE HAVE A MOTION TO CLOSE THE
03:48:10 HEARING?
03:48:10 >>JOHN DINGFELDER:
03:48:13 >>JOSEPH CITRO: SO MOVED.
03:48:14 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN CITRO.
03:48:16 SECOND BY COUNCILMAN VIERA.
03:48:17 ALL IN FAVOR?
03:48:18 AYE.
03:48:18 THE HEARING IS NOW CLOSED.
03:48:19 WHAT IS THE PLEASURE OF COUNCIL?
03:48:20 >>THE CLERK: MARTIN SHELBY, CITY COUNCIL ATTORNEY.
03:48:57 I NEED TO ADVISE YOU WITH REGARD TO WHAT THE CODE SECTION
03:49:00 IS, OR WHAT THE PROVISIONS OF THE CODE, OR ANY QUESTIONS
03:49:03 REGARDING THE PROCESS, PLEASE FEEL FREE TO ASK THE
03:49:07 QUESTION.
03:49:09 BUT YOU HAVE HEARD THE EVIDENCE.
03:49:13 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
03:49:14 >>JOHN DINGFELDER: IT'S A LITTLE HARD FOR ME TO SEE.
03:49:20 I DIDN'T WANT TO BY THE IN AND MAKE A MOTION IF MR. CITRO
03:49:24 OR MR. CARLSON WHO YOU SAW, AND IF THEY ARE READY TO MAKE
03:49:32 A MOTION THEN THAT'S FINE.
03:49:33 OTHERWISE, IF YOU WANT A MOTION, I'LL MAKE IT.
03:49:35 >>GUIDO MANISCALCO: COUNCILMAN CITRO OR CARLSON, WOULD
03:49:38 YOU LIKE TO MAKE A MOTION, OR COUNCILMAN DINGFELDER?
03:49:40 >>BILL CARLSON: GO AHEAD IF YOU CAN DO IT.
03:49:43 I WAS TRYING TO FIGURE OUT THE WORDING FOR IT.
03:49:45 IF YOU HAVE THAT, GO AHEAD.
03:49:46 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, IF YOU WANT
03:49:52 TO GO AHEAD?
03:49:53 GO AHEAD, SIR.
03:49:54 >>JOHN DINGFELDER: ALL RIGHT.
03:50:05 LET ME TAKE A STAB AT IT AND I WILL TRY TO KEEP IT SHORT
03:50:08 AND SWEET.
03:50:10 BASED ON THE PHOTOGRAPHS AND THE TESTIMONY THAT WE HAVE
03:50:13 HEARD FROM THE CITY STAFF AS WELL AS THE DEFENDANT, I
03:50:22 WILL MOVE THAT WE MAKE THE FOLLOWING FINDING,
03:50:29 SPECIFICALLY AS RELATED TO THIS CASE WHICH IS THE CITY
03:50:36 VERSUS THE TANGRA LOUNGE LOCATED AT 1611 EAST 7TH AVENUE,
03:50:44 TAMPA, FLORIDA 33605, CASE OF NOTICE OF INTENT TO
03:50:52 DISPENSE ALCOHOLIC BEVERAGES 27-318, CITY OF TAMPA LAND
03:50:56 DEVELOPMENT CODE.
03:50:59 AND I WOULD LIKE TO, BASED ON THE EVIDENCE THAT WE HEARD,
03:51:05 PHOTOS AND TESTIMONY, I BELIEVE IT'S APPROPRIATE FOR
03:51:09 COUNCIL TO MAKE THE FOLLOWING FINDINGS, THAT ON DECEMBER
03:51:11 19, 2020, PATRONS WERE NOT WEARING FACE COVERINGS, AND AT
03:51:20 THE SAME TIME THEY WERE VERY CLOSE TO EACH OTHER AND NOT
03:51:22 MAINTAINING SOCIAL DISTANCING.
03:51:25 A PICTURE IS WORTH A THOUSAND WORDS, AND WE SAW SEVERAL
03:51:30 PICTURES OF THAT BEHAVIOR.
03:51:32 IT'S UNFORTUNATE.
03:51:33 AND I KNOW YOUNG PEOPLE IN THEIR 20s ARE HARD TO
03:51:37 CONTROL, ESPECIALLY WITH LIQUOR INVOLVED.
03:51:43 I'M NOT SAYING IT'S AN EASY TASK.
03:51:45 BUT I THINK THE EVIDENCE IS PRETTY CLEAR AND THE
03:51:50 TESTIMONY IS PRETTY CLEAR THAT THAT WAS THE CASE WHEN THE
03:51:54 ENFORCEMENT OFFICERS WENT INTO THE ESTABLISHMENT ON THAT
03:51:57 DATE.
03:51:58 THEY ISSUED A CIVIL CITATION ON THAT DATE.
03:52:05 AND THEY SPOKE TO MANAGEMENT ABOUT IT, PROVIDED IT TO
03:52:09 MANAGEMENT, AND THEN THEY LEFT. THEY CAME BACK A WEEK
03:52:14 LATER ON DECEMBER 26th, 2020 AND UNFORTUNATELY THEY
03:52:19 FOUND THE SAME ACTIVITY OR PERHAPS WORSE ACTIVITY BY
03:52:23 LOOKING AT THE PICTURES, LOOKS ACTUALLY WORSE ON THE
03:52:27 26th, MAYBE A LITTLE MORE CROWDED BECAUSE IT'S THE
03:52:30 DAY AFTER CHRISTMAS, MULTIPLE PATRONS STANDING AROUND
03:52:35 WITHOUT MASKS AND DANCING ON THE FLOOR, AND AGAIN THEY
03:52:41 ISSUED ANOTHER CIVIL CITATION PD GO 2020-582469.
03:52:56 THOSE ARE THE REASONABLE FINDINGS THAT I BELIEVE I'M
03:53:01 SUPPORTING MY MOTION WITH.
03:53:03 BASED ON THOSE FINDINGS I WOULD ASK COUNCIL TO COME TO
03:53:06 THE CONCLUSION THAT NO REASONABLE EFFORTS WERE TAKEN BY
03:53:12 THE ESTABLISHMENT AND ITS OWNERS, AND THAT, THEREFORE,
03:53:17 THERE WAS A FAILURE TO COMPLY WITH THE MAYOR'S ORDERS AND
03:53:24 THE BOARD OF COUNTY COMMISSIONERS ORDERS WHICH RESULTED
03:53:27 IN A DIRECT VIOLATION OF 27 ---OF OUR CODE 27-318 C-1-F,
03:53:36 SPECIFICALLY THAT THEY FAILED TO COMPLY WITH THE
03:53:40 PROVISIONS OF THE SPECIFIC PROVISIONS OF THE SANITATION
03:53:45 ORDINANCES OF THE CITY AND THE COUNTY AFTER HAVING
03:53:47 RECEIVED REASONABLE NOTICE TO ELIMINATE OR CORRECT ANY
03:53:51 CONDITION EXISTING ON THE PROPERTY THAT VIOLATED SUCH
03:53:54 ORDINANCES OR LAWS.
03:53:57 IN SUMMARY, THIS ESTABLISHMENT ON DECEMBER 19th WAS
03:54:04 GIVEN A WARNING IN WRITING, MANAGEMENT ACKNOWLEDGED THAT
03:54:10 HE BECAME AWARE OF THAT, AND YET A WEEK LATER, WHEN OUR
03:54:15 OFFICERS WENT BACK AGAIN, THEY FOUND SIMILAR ACTIVITIES.
03:54:22 IT'S UNFORTUNATE THAT WE HAVE TO GET TO THIS POINT.
03:54:24 I THINK MANY, MANY OTHER ESTABLISHMENTS ALL FELT THE CITY
03:54:31 GOT THE MESSAGE AND DIDN'T HEED THE WARNING OR IF THEY
03:54:35 GOT THE WARNING THEY CLEANED UP THEIR ACT.
03:54:37 FOR WHATEVER REASON, IT DOES NOT APPEAR THAT BACK IN
03:54:40 DECEMBER THAT THIS PARTICULAR ESTABLISHMENT CLEANED UP
03:54:43 ITS ACT.
03:54:44 SO UNLESS MR. SHELBY HAS ANYTHING ELSE, THAT WOULD BE MY
03:54:52 FINDINGS AND MY CONCLUSION AND MY MOTION.
03:54:58 >>MARTIN SHELBY: SO YOUR MOTION THEN BASED ON THOSE
03:55:00 FINDINGS, COUNCILMAN DINGFELDER, IS TO FIND A VIOLATION
03:55:05 SPECIFICALLY OF 27-318 C-1-F?
03:55:11 >>JOHN DINGFELDER: THAT IS CORRECT.
03:55:13 >>MARTIN SHELBY: THAT'S BASED ON THE --
03:55:16 >>JOHN DINGFELDER: OBVIOUSLY, WITHOUT ADDRESSING
03:55:18 PENALTIES, BECAUSE WE WILL ADDRESS THAT IF THE MOTION IS
03:55:21 SUCCESSFUL.
03:55:22 >>MARTIN SHELBY: UNDERSTOOD.
03:55:24 >>GUIDO MANISCALCO: WE HAVE A MOTION BY COUNCILMAN
03:55:26 DINGFELDER.
03:55:27 DO WE HAVE A SECOND?
03:55:28 >>LUIS VIERA: LET ME EXPLAIN, IF I MAY.
03:55:34 MAY I?
03:55:34 >>GUIDO MANISCALCO: GO AHEAD, SIR.
03:55:35 >>LUIS VIERA: THANK YOU, MR. CHAIR.
03:55:36 YES, I WILL SECOND THAT.
03:55:37 I MEAN, IT'S AN EITHER IT-DID-OR-DIDN'T-HAPPEN ANALYSIS
03:55:42 RIGHT NOW.
03:55:43 WHAT THE LEVEL OF -- WHAT WE APPLIED IS TOTALLY
03:55:49 DIFFERENT, AND WITHIN OUR ADJUSTMENT.
03:55:51 I THINK BASED UPON THIS.
03:55:53 LET ME ASK A QUESTION TO LEGAL IF I MAY. IF WE FIND
03:55:56 THERE WAS A VIOLATION, WE HAVE UNFETTERED DISCRETION WITH
03:55:59 REGARDS TO I AM GOING TO USE THE WORD PUNISHMENT,
03:56:02 WHATEVER YOU WANT TO CALL IT, WHICH COULD RANGE FROM ZERO
03:56:04 TO 30 DAYS SUSPENSION, CORRECT?
03:56:07 >> THAT'S CORRECT.
03:56:08 MAXIMUM OF 30 DAYS.
03:56:09 >>LUIS VIERA: ZERO TO 30.
03:56:11 OKAY.
03:56:12 I'LL SUPPORT THE MOTION.
03:56:14 IT'S CLEAR THAT THERE WAS SOME LEVEL OF VIOLATION HERE
03:56:18 WITH FOLLOW-UP THEREAFTER FROM OUR CITY STAFF.
03:56:22 YOU KNOW, THIS IS TRULY A SITUATION OF THE SAYING THAT
03:56:28 GOOD LAWYERS ALWAYS SAY THAT SAYS AN OUNCE OF PREVENTION
03:56:32 IS WORTH A POUND OF CURE AND WE ARE HERE BECAUSE OF THAT.
03:56:35 BUT I THINK IN THIS REGARD, JUST A REASONABLE READING AND
03:56:41 THE EVIDENCE THAT'S BEEN PRESENTED TO US SHOWS THAT THERE
03:56:43 WAS SOME LEVEL OF VIOLATION.
03:56:45 WHAT HAPPENED AFTER THAT IS CERTAINLY WITHIN OUR
03:56:47 DISCRETION.
03:56:48 BUT I THINK ALL THE ATTORNEYS DID A GREAT JOB.
03:56:51 MR. LIROT IS OBVIOUSLY HAS DONE A GREAT JOB AS CITY
03:56:56 ATTORNEY, DONE A MARVELOUS JOB AS WELL, BUT I DO THINK
03:56:59 THAT SOME LEVEL OF VIOLATION OCCURRED, AND THEREFORE I
03:57:03 WILL BE SECONDING THAT.
03:57:04 >>GUIDO MANISCALCO: ALL RIGHT.
03:57:05 ANY OTHER QUESTIONS OR COMMENT?
03:57:09 YES, COUNCILMAN CARLSON?
03:57:10 >>BILL CARLSON: I WOULD JUST ADD THAT PART OF THE
03:57:15 TESTIMONY WAS THAT MAYBE A THOUSAND OR MORE
03:57:20 ESTABLISHMENTS WERE WARNED, AND THERE ARE VERY FEW, AND
03:57:29 THIS IS ONE THAT REPEATEDLY DID NOT FOLLOW THE CRITERIA,
03:57:35 BUT THE CONTEXT SAYS THAT MOST APPARENTLY DID COMPLY.
03:57:38 THE OTHER THING I WOULD JUST LIKE TO SAY IS THAT UNLIKE
03:57:43 MOST ISSUES THAT COME BEFORE US, MOST OF THE LAWS AND
03:57:46 RULES OF THE CITY WE CREATE, CITY COUNCIL CREATES, THIS
03:57:48 ONE, BECAUSE WE ARE IN AN EMERGENCY ORDER AREA, WE DID
03:57:51 NOT, BUT THE GENERAL PHILOSOPHY OF THE COMMUNITY IS TO
03:57:56 ENFORCE CODES AND ENFORCE THE LAWS, AND EVEN WE DIDN'T
03:58:00 CREATE THIS, WE HAVE AN OBLIGATION TO ENFORCE WHATEVER
03:58:04 THE RULES ARE.
03:58:05 SO WITH THE EVIDENCE PRESENTED, I WOULD SUPPORT IT.
03:58:07 >>GUIDO MANISCALCO: ANYBODY ELSE?
03:58:11 BEFORE WE TAKE A VOTE, I WILL NOT BE SUPPORTING IT.
03:58:13 LET ME TELL YOU WHY.
03:58:15 AND THE QUESTIONS WERE ANSWERED.
03:58:17 SINCE PER FLORIDA STATUTES, WHERE WE HAVE A RIGHT TO
03:58:22 REFUSE SERVICE, AND THE MANAGER, THE GENTLEMAN WITH THE
03:58:25 GRAY HAIR, SAID THAT PEOPLE THAT WERE NOT IN COMPLIANCE
03:58:28 WERE ASKED TO LEAVE.
03:58:31 WE LOOKED AT WHAT HAPPENED AFTER NEW YEAR'S, AND I
03:58:34 BELIEVE THE GENTLEMAN SAID THAT THE FIRST TWO FLOORS WERE
03:58:37 CLOSED, SO THERE WAS A DIFFERENCE POST THE VISIT FROM
03:58:41 CODE ENFORCEMENT, AND THAT IS THAT THEY OPENED THE TOP
03:58:45 FLOOR AND THEY HAD THE FLEXION I GLASS AT THE BARS AND
03:58:48 THIS AND THAT.
03:58:49 THIRD, THE DJ, THEY SHOWED THE VIDEO THAT THE DJ WAS
03:58:55 MAKING THE ANNOUNCEMENT ASKING THE PEOPLE TO PUT THE MASK
03:58:57 ON.
03:58:58 FOURTH, AND THE QUESTION THAT I ASKED EARLY ON, AT WHAT
03:59:00 CAPACITY PER THE STATE ARE WE ALLOWED TO BE OPEN, WHICH
03:59:06 IS 100%.
03:59:07 AND ALSO, ONE LAST THING IS, SIGNS WERE PROVIDED BY CODE
03:59:11 ENFORCEMENT, BUT THE ESTABLISHMENT WENT ON THEIR OWN AND
03:59:15 PRINTED LARGER SIGNS, WHICH ARE AS SHOWN IN THE
03:59:19 PHOTOGRAPH POSTED AT THE ENTRANCES OR EXITS OF THIS
03:59:24 ESTABLISHMENT.
03:59:25 SO TO SAY THAT THEY DID NOT TRY, THEY DID NOT MAKE AN
03:59:28 EFFORT, AND WHATEVER HE EXPLAINED, MULTIPLE INSTANCES
03:59:32 WHERE EFFORTS WERE MADE, AGAIN, THEY KICKED PEOPLE OUT OR
03:59:37 ASKED THEM TO LEAVE IF THEY WERE NOT IN COMPLIANCE, NED
03:59:40 THE PLEXIGLAS, THEY HAD THE LARGER SIGNS.
03:59:43 AGAIN THEY ARE AT 100% CAPACITY PER THE STATE.
03:59:47 I BELIEVE AN EFFORT WAS MADE.
03:59:50 AND A COMMENT WAS MADE, YOU KNOW, IT'S HARD TO CONTROL
03:59:54 LARGE GROUP OF 20-YEAR-OLDS.
03:59:57 YOU KNOW, AT THE END OF THE DAY, THESE ESTABLISHMENTS
03:59:59 HAVE TO PAY RENT, THEY HAVE TO PAY EMPLOYEES.
04:00:03 THEY WERE ALREADY SHUT DOWN FOR A 30-DAY PERIOD LAST
04:00:05 SPRING PER THE GOVERNOR'S ORDER.
04:00:07 A LOT OF BUSINESSES HAVE GONE THROUGH THAT.
04:00:09 SOME BUSINESSES, MANY HAVE GONE PPP LOANS IN ORDER TO
04:00:13 SURVIVE.
04:00:13 OTHER BUSINESSES, MANY, ESPECIALLY THOSE IN FOOD AND
04:00:17 BEVERAGE AND OTHER ESTABLISHMENT BARS HAVE CLOSED
04:00:20 COMPLETELY BECAUSE THEY HAVE NOT BEEN ABLE TO MAKE IT.
04:00:22 IF THIS ESTABLISHMENT HAD SHOWN COMPLETE AND TOTAL
04:00:27 IGNORANCE TO THE CITATIONS AND HAD THEY NOT DONE
04:00:30 ANYTHING, THEN I WOULD HAVE SUPPORTED THIS.
04:00:33 BUT I THINK REASONABLE EFFORTS WERE MADE SO I AM NOT
04:00:36 GOING TO SUPPORT THE MOTION.
04:00:38 AND IF THERE'S NO OTHER DISCUSSION, COUNCILMAN MIRANDA, I
04:00:41 SEE YOUR HAND.
04:00:42 GO AHEAD.
04:00:42 >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
04:00:45 I HAVE TO AGREE WITH ON THE FLOOR.
04:00:50 LET ME EXPLAIN WHY.
04:00:51 WHEN WE SAY THAT THE DJ MADE THE ANNOUNCEMENTS, IT'S KIND
04:00:57 OF HARD WHEN YOU LISTEN TO GOOD MUSIC, JUST ENJOYING
04:01:07 YOURSELF, AND THAT'S A NORMAL THING.
04:01:08 AND THE DJ CERTAINLY RECOGNIZED BY EVERYONE THERE, BUT
04:01:12 THE VOICE AND THE MESSAGE THEY ARE NOT USED TO.
04:01:16 HOWEVER, IF THE DJ WERE TO STOP, HAD GOT ON STAGE AND THE
04:01:22 SAID THERE WILL BE NO MORE MUSIC AND NO MORE DRINK UNTIL
04:01:25 YOU ADHERE TO THE LAW, GUESS WHAT, WE WOULDN'T BE HERE
04:01:28 TODAY.
04:01:29 ONE LITTLE SIMPLE THING THAT THEY HAD TO DO.
04:01:33 AND THEY FAILED TO DO THAT.
04:01:35 SO I HAVE TO TAKE THEIR WORD THAT THEY ASKED SOME PEOPLE
04:01:40 TO LEAVE.
04:01:40 I'M COGNIZANT OF THE FACT THAT HAPPENED BUT I HAVE TO
04:01:43 TAKE THEIR WORD FOR PUBLIC RECORD.
04:01:45 I APPRECIATE THAT.
04:01:46 BUT IN TIMES LIKE THIS, WHEN NOT THE COUNTRY, NOT CITY,
04:01:50 BUT THE WORLD, WE HAVE A PROBLEM, AND JUST ONE LITTLE
04:01:56 EFFORT WOULD HAVE HAPPENED, THAT THE MUSIC STOPPED AND
04:02:00 THE MANAGER WOULD SAY, THERE WILL BE NO MORE MUSIC, NO
04:02:03 MORE DRINK, UNTIL WE ADHERE TO THESE RULES, WE WOULDN'T
04:02:08 BE HERE TODAY.
04:02:09 AND WOULDN'T HAVE TO HAVE OUR ATTORNEY STAFF HERE, WOULD
04:02:15 HAVE BEEN HONKY DONKEY, EVERYTHING IS FINE.
04:02:18 AND, YOU KNOW, MR. DINGFELDER SAID TPD CERTIFIED MAIL
04:02:25 DELIVERY SERVICE.
04:02:26 PUT THAT NUMBER IN THE RECORD.
04:02:29 7019, 41400 0000-0736, 5311.
04:02:36 THERE'S TWO OTHERS.
04:02:38 EXCUSE ME.
04:02:39 IT'S 5304.
04:02:41 THAT WAS THE ONE THAT WAS DELIVERED.
04:02:43 THE LAST ONE 5304.
04:02:45 THE ONES THAT WERE MAILED THROUGH TO THE OWNER WAS 5311.
04:02:51 THE LAST FOUR, THE ONES THAT WERE MAILED TO THE PROPERTY
04:02:53 OWNER WAS 5328.
04:02:56 SO THERE WAS A CONCERTED EFFORT BY THE CITY, NOT ONCE,
04:02:59 NOT TWICE, BUT THREE PIECES OF CERTIFIED MAIL, ONE HAND
04:03:04 DELIVERED BY TPD AND TWO THAT WERE MAILED.
04:03:08 SO YOU HAD TO KNOW, YOU HAD TWO WARNINGS ON THE RECORD
04:03:13 ALREADY.
04:03:19 SO MOST LIKELY MOST ADHERE TO IT AND THERE'S THAT DO NOT.
04:03:25 AND I AM -- I THINK IN THIS CASE IT'S A CLEAR FACT THAT
04:03:34 THEY DIDN'T HAVE A PLAN TO ENFORCE THE ORDINANCE THAT WAS
04:03:38 IN EFFECT AT THE TIME.
04:03:39 THANK YOU.
04:03:39 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
04:03:40 WE HAVE A MOTION WHEREVER COUNCILMAN DINGFELDER.
04:03:42 A SECOND FROM COUNCILMAN VIERA.
04:03:44 ROLL CALL VOTE.
04:03:44 >>LUIS VIERA: YES.
04:03:50 >>JOHN DINGFELDER: YES.
04:03:53 >>GUIDO MANISCALCO: NO.
04:03:54 >>BILL CARLSON: YES.
04:03:57 >>JOSEPH CITRO: YES.
04:03:59 >>CHARLIE MIRANDA: YES.
04:04:01 >>THE CLERK: MOTION CARRIED WITH COUNCILMEMBER
04:04:04 MANISCALCO VOTING NO.
04:04:06 >>GUIDO MANISCALCO: YES, MR. SHELBY.
04:04:08 >>MARTIN SHELBY: I WOULD LIKE TO READ FROM THE CODE FROM
04:04:14 27-318.
04:04:15 CITY COUNCIL MAY SUSPEND THE ABILITY TO SELL ALCOHOLIC
04:04:18 BEVERAGES FOR UP TO 30 DAYS FOR THE FIRST VIOLATION.
04:04:22 60 DAYS FOR THE SECOND VIOLATION.
04:04:24 AND 90 DAYS FOR THE THIRD VIOLATION.
04:04:26 UPON THE FOURTH OR SUBSEQUENT VIOLATION, CITY COUNCIL MAY
04:04:29 CONSIDER REVOCATION OF THE APPROVAL TO SELL ALCOHOLIC
04:04:32 BEVERAGES.
04:04:33 IN DETERMINING WHETHER TO SUSPEND OR REVOKE AN APPROVAL
04:04:37 TO SELL ALCOHOLIC BEVERAGES, CITY COUNCIL SHALL CONSIDER,
04:04:43 A, THE GRAVITY OF THE VIOLATION, B, ANY ACTIONS TAKEN BY
04:04:47 THE VIOLATOR TO CORRECT THE VIOLATION, AND C, ANY
04:04:52 PREVIOUS VIOLATIONS COMMITTED BY THE VIOLATOR.
04:04:55 AND THAT IS YOUR CRITERIA FOR YOUR DETERMINATION.
04:04:58 >>GUIDO MANISCALCO: COUNCILMAN VIERA.
04:05:00 >>LUIS VIERA: THANK YOU, MR. CHAIR.
04:05:01 JUST FOR THE RECORD, THIS WOULD BE CLASSIFIED JUST TO
04:05:04 CONFIRM, IT IS MY BELIEF, A FIRST VIOLATION, CORRECT?
04:05:07 EVERYTHING IN TOTAL IS CLASSIFIED AS A FIRST ONE.
04:05:09 >>MARTIN SHELBY: AND I WOULD LIKE THAT TO BE CONFIRMED
04:05:12 FOR THE RECORD.
04:05:13 I BELIEVE THAT'S THE CASE.
04:05:16 I BELIEVE THERE HAS BEEN NO PREVIOUS FINDING OF A
04:05:18 VIOLATION BY THIS PARTY.
04:05:20 I WOULD LIKE THAT CONFIRMED, PLEASE.
04:05:21 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
04:05:27 YES, THIS WOULD BE THE FIRST -- THIS IS THE FIRST
04:05:29 VIOLATION.
04:05:31 IF I MAY ALSO OFFER A SUGGESTION AS YOU CONSIDER THE
04:05:34 PENALTY.
04:05:38 WE WOULD LIKE TO SUGGEST AS A POSSIBILITY FOR COUNCIL'S
04:05:40 CONSIDERATION THAT YOU POSTPONE THE IMPOSITION OF A
04:05:44 PENALTY FOR A 90-DAY PERIOD AND ALLOW TANGRA TIME TO
04:05:49 CONTINUE TO IMPLEMENT AND FOLLOW THE GUIDELINES OF THE
04:05:54 MASK ORDERS AND THEN COME BACK AFTER 90 DAYS AND CONSIDER
04:05:58 A POSSIBLE PENALTY AT THAT TIME.
04:06:00 >>LUIS VIERA: IF I MAY, MR. CHAIR.
04:06:03 THANK YOU FOR THAT, MA'AM.
04:06:04 YOU KNOW, CHAIRMAN MANISCALCO'S REMARKS WITH REGARDS
04:06:07 TO -- I DON'T WANT MITIGATION, WHATEVER YOU WANT TO CALL
04:06:12 IT ON THE PART OF THE PARTY, TANGRA, DEFENDANT, WHATEVER
04:06:17 YOU WANT TO CALL IT, I THINK ARE MORE APPLICABLE TO THIS
04:06:20 STAGE.
04:06:22 IN MY OPINION A FINDING ON WHETHER OR NOT THERE WAS A
04:06:24 VIOLATION, YOU WILL LOOK AT THE PANTS SOMEBODY IS
04:06:27 WEARING, ARE THEY RED, OR ARE THEY PURPLE?
04:06:30 IF THEY ARE PURPLE, THEY ARE PURPLE, RIGHT?
04:06:32 I THINK THIS IS WHERE THESE ISSUES MORE SO COME INTO
04:06:35 PLAY, SO THEREFORE -- AND I DO THINK SOMETHING OF THAT
04:06:38 NATURE WOULD BE JUSTIFIED.
04:06:39 I DON'T BELIEVE THAT THIS IS SOMETHING THAT IS EGREGIOUS,
04:06:44 AND I DO THINK THAT THOSE PRIOR COMMENTS AS WELL, AS OUR
04:06:48 ECONOMY AND ALL THE STRESS THAT BUSINESSES HAVE GONE
04:06:52 INTO, I THINK ARE VERY, VERY RELEVANT AT THIS TIME ON
04:06:55 THAT, AND GIVING THEM A CHANCE TO HAVE 90 DAYS TO COME
04:07:00 INTO CONTINUED COMPLIANCE, SO THAT WE CAN -- WHAT'S THAT
04:07:03 SAYING, TRUST BUT VERIFY.
04:07:05 I THINK IT'S A POTENTIAL WISE STEP.
04:07:10 AGAIN, I DON'T SEE THESE FINDINGS -- THEY ARE THERE.
04:07:13 THEY EXIST, RIGHT?
04:07:14 BUT IN TERMS OF BEING FLAMBOYANT OR EGREGIOUS, I DON'T
04:07:19 SEE THAT WITH THE EVIDENCE THAT I SEE.
04:07:21 THE VIOLATIONS ARE THERE, BUT TO THAT LEVEL?
04:07:27 >>GUIDO MANISCALCO: COUNCILMAN CARLSON.
04:07:28 >>BILL CARLSON: I APPRECIATE COUNCIL'S RECOMMENDATION
04:07:32 FOR A DELAY.
04:07:35 THE THING IS AT THE END OF THE DELAY, IF THEY HAVE
04:07:38 COMPLIED, IS IT A POSSIBILITY THAT THE PENALTY WOULD BE
04:07:43 ZERO, OR WOULD JUST BE A LOWER PENALTY?
04:07:45 BECAUSE AS COUNCILMEMBER MANISCALCO SAID, AND WE SAW IN
04:07:50 THE EVIDENCE, THEY SEEM TO HAVE COMPLIED OVER THE LAST
04:07:53 FEW MONTHS.
04:07:54 AND SO WE COULD EITHER -- IF WE HAVE ZERO TO 30 DAYS, IF
04:07:58 THAT'S THE POSSIBILITY, THEN WE COULD GIVE A SMALLER
04:08:07 JUDGMENT NOW INSTEAD OF WAITING 90 DAYS OR WE CAN WAIT 90
04:08:10 DAYS AND THEN MAKE IT BUT IS IT POSSIBLE IT WOULD BE
04:08:13 ZERO, ALSO?
04:08:14 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
04:08:16 CERTAINLY, THE AMOUNT OF THE PENALTY IS WITHIN COUNCIL'S
04:08:21 DISCRETION.
04:08:22 THE DIFFERENCE BEING IF YOU IMPOSE A PENALTY TODAY, OVER
04:08:26 A NUMBER OF DAYS, THEN THAT CERTAINLY WOULD AFFECT THE
04:08:30 BUSINESS AS YOU HEARD ARGUMENT FROM MR. LIROT AND
04:08:33 TESTIMONY BY HIS CLIENT.
04:08:37 >>BILL CARLSON: IT COULD BE WORSE, IF THEY DON'T COMPLY
04:08:39 IN THE NEXT 90 DAYS THEN IT COULD BE HIGHER.
04:08:41 I DON'T THINK THAT OUR GOAL SHOULD BE ESPECIALLY IF HE
04:08:49 TRIED TO COMPLY, I DON'T THINK OUR GOAL SHOULD BE TO PUT
04:08:51 HIM OUT OF BUSINESS.
04:08:52 I THINK 30 DAYS IS WAY TOO MUCH AND MAYBE A WEEK WOULD BE
04:08:55 REASONABLE OR SOMETHING LIKE THAT.
04:08:56 BUT --
04:08:57 >> I'M SORRY TO INTERRUPT YOU.
04:09:00 AND THE DIFFERENCE IN WHAT YOU ARE TALKING ABOUT, A WEEK
04:09:02 NOW VERSUS POSTPONING FOR 930 DAYS IS THANK THEY WOULDN'T
04:09:05 HAVE THAT WEEK WHERE THEY WOULD LOSE ALCOHOLIC BEVERAGE
04:09:08 SALES AT THIS POINT.
04:09:09 SO THAT IS THE DIFFERENCE.
04:09:10 AND CERTAINLY COUNCIL COULD CONSIDER THEIR BEHAVIOR
04:09:12 BETWEEN TODAY AND THE NEXT HEARING DATE IN CONSIDERING
04:09:17 THE AMOUNT OF ANY PENALTY THAT YOU MIGHT HAVE HEARD, AND
04:09:21 DID CONFIRM FROM MR. VIERA THE PENALTY RAGES FROM ZERO
04:09:26 DAYS TO 30 DAYS SO AT THAT POINT 90 DAYS COULD DETERMINE
04:09:30 BASED ON WHAT YOU HAVE SEEN IN THE ENSUING 90 DAYS IS
04:09:32 THAT THERE IS NO SUSPENSION AT THAT POINT IN TIME.
04:09:36 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, THEN
04:09:38 COUNCILMAN VIERA.
04:09:39 DID YOU HAVE YOUR HAND UP AS WELL?
04:09:42 COUNCILMAN DINGFELDER AND VIERA.
04:09:43 GO AHEAD, SIR.
04:09:45 MR. DINGFELDER.
04:09:45 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
04:09:49 I LOOK AT IT SLIGHTLY DIFFERENTLY.
04:09:53 I THINK THAT A LOT OF PEOPLE IN THE COMMUNITY, ESPECIALLY
04:09:57 IN THE BAR WORLD, ARE WATCHING THIS.
04:10:01 I THINK THAT THERE SHOULD BE SOME FINALITY TO THIS.
04:10:06 AND I THINK THAT THE CITY, AND EVEN GOING THROUGH WITH
04:10:15 THIS PROSECUTION, IS MAKING A STATEMENT, AND I THINK THAT
04:10:21 I WOULD JUST LIKE SOME FINALITY.
04:10:23 IT SEEMS LIKE EVERYTHING WE DO, WE PUT OFF FOR 90 DAYS OR
04:10:26 PUT OFF FOR SIX MONTHS OR A YEAR.
04:10:30 IT LOOKS LIKE WE CAN'T MAKE UP OUR MIND ABOUT ANYTHING,
04:10:33 AND WE JUST DRAG THINGS ON.
04:10:36 AND I DON'T BELIEVE IN PUNISHING PEOPLE UNREASONABLY.
04:10:39 BUT WE ARE WILLING TO COME TO A CONCLUSION THAT THOUGH
04:10:44 VIOLATED, AND THEY VIOLATED TWO TIMES, THEN I THINK THAT
04:10:47 SOME PUNISHMENT IS APPROPRIATE.
04:10:48 NOW, I THINK IT IS A FIRST VIOLATION.
04:10:53 BUT WHAT I WOULD SUGGEST, AND MR. CHAIRMAN, WOULD
04:10:58 ENTERTAIN MY MOTION, I WOULD MAKE A MOTION THAT WE GET
04:11:02 SOME FINALITY TO THIS CASE, AND THAT WE SUSPEND THEM FOR
04:11:09 ONE NIGHT, ONE 24-HOUR PERIOD INCLUDING A NIGHT ON A
04:11:15 THURSDAY, FRIDAY OR SATURDAY NIGHT OF THEIR CHOOSING.
04:11:19 OKAY?
04:11:22 THAT WILL PUT A LITTLE BIT OF -- LET'S SAY THAT SHOULD
04:11:26 GET THEIR ATTENTION A LITTLE BIT, TO SHUT DOWN FOR ANY
04:11:29 GIVEN ONE SINGLE THURSDAY, FRIDAY OR SATURDAY NIGHT, AND
04:11:33 ALSO SEND A MESSAGE TO THE COMMUNITY THAT WE ARE STILL IN
04:11:36 THE MIDDLE OF THIS COVID PANDEMIC.
04:11:41 OKAY?
04:11:42 YOU GUYS ARE BEHIND PLASTIC.
04:11:47 MR. MIRANDA HAS HAD IT.
04:11:50 MR. GUDES ALREADY HAD IT.
04:11:52 WE ARE STILL IN THE MIDDLE OF THIS PANDEMIC.
04:11:54 THAT'S WHY WE ARE DOING THIS.
04:11:56 WE ARE NOT DOING THIS BECAUSE WE ARE AGAINST BARS AND
04:12:00 PUBS IN YBOR.
04:12:01 WE SUPPORT THE PUBS AND BARS IN YBOR.
04:12:04 BUT EVERYBODY HAS TO PULL TOGETHER ON THIS FOR THE HEALTH
04:12:09 AND SAFETY OF OUR COMMUNITY.
04:12:11 THAT'S WHAT THIS IS ALL ABOUT.
04:12:15 THAT'S WHAT THIS IS ALL ABOUT.
04:12:20 SO WE NEED TO SEND A MESSAGE TO THIS CLUB, AND IF OTHER
04:12:24 CLUBS ARE LISTENING, THEN THEY WILL HEAR IT, TOO.
04:12:27 AND THIS WILL BE THE FIRST VIOLATION.
04:12:29 AND GUESS WHAT, OVER THE NEXT 90 DAYS IF THEY ARE
04:12:32 VIOLATING AGAIN, THEN THEY WILL BE BACK IN FRONT OF US,
04:12:35 AND THEY COULD FACE SOMETHING MORE SEVERE, I THINK 30 TO
04:12:40 60 DAYS CLOSED OR SOMETHING LIKE THAT.
04:12:44 I'M SURE THE NEXT TIME THAT IT HAPPENS, THE PENALTY WOULD
04:12:48 BE MUCH MORE SIGNIFICANT.
04:12:49 >>MARTIN SHELBY: IF I CAN ADDRESS THAT.
04:12:53 >>JOHN DINGFELDER: MY MOTION WOULD BE TO PENALIZE THEM
04:12:58 ONE NIGHT, EITHER A THURSDAY, A FRIDAY OR SATURDAY NIGHT
04:13:03 OF THEIR CHOOSING, IN THE NEAR FUTURE.
04:13:09 >>GUIDO MANISCALCO: COUNCILMAN -- MR. SHELBY, COUNCILMAN
04:13:12 VIERA, THEN COUNCILMAN MIRANDA.
04:13:13 >>MARTIN SHELBY: JUST A QUICK DISCUSSION WITH REGARD TO
04:13:16 WHAT I READ EARLIER.
04:13:18 AGAIN, IT'S UP TO 30 DAYS FOR THE FIRST VIOLATION, 60
04:13:22 DAYS FOR THE SECOND, AND 90 DAYS FOR THE THIRD VIOLATION,
04:13:25 AND THEN THE FOURTH SUBSEQUENT THEY CAN CONSIDER
04:13:28 REVOCATION.
04:13:29 SO IT WOULD BE UP TO 30 DAYS FOR THE FIRST VIOLATION, UP
04:13:32 TO 60 DAYS FOR THE SECOND, AND UP TO 90 DAYS IS THE WAY I
04:13:36 WOULD READ, THIRD VIOLATION.
04:13:39 WITH REGARD TO DISCRETION, I DON'T KNOW WHETHER COUNCIL
04:13:42 UNDERSTOOD ITS CODE HAS DISCRETION TO IMPOSE THE DAYS OF
04:13:47 THE WEEK FOR THE PENALTY AND SUCH A THING WOULD BE VERY
04:13:50 DIFFICULT TO PUT INTO AN ORDER AND TO ENFORCE.
04:13:52 SO I WOULD QUESTION WHETHER COUNCIL DOES HAVE IN FACT
04:13:55 THAT ABILITY.
04:13:56 COUNCIL CAN CERTAINLY SAY THE NUMBER OF DAYS, BUT AS TO
04:14:03 WHEN THOSE DAYS ARE, MAYBE WE CAN TALK WITH THE LEGAL
04:14:08 STAFF WITH REGARDS TO IF COUNCIL HAS THE ABILITY TO
04:14:12 INITIATE THE SUSPENSION WITHIN THE ORDER.
04:14:16 >>JOHN DINGFELDER: I DON'T NOT WHY WE WOULDN'T, IF THE
04:14:19 CODE DOESN'T TELL US THAT WE CAN'T.
04:14:22 OKAY.
04:14:22 SO WHY WOULDN'T WE HAVE THE ABILITY TO DO THAT?
04:14:25 OBVIOUSLY, IF THEY CLOSE ON A MONDAY NIGHT, WHICH THEY
04:14:30 WOULD HAPPEN TO BE CLOSED ANYWAY, THEN THIS HAS NO
04:14:34 IMPACT.
04:14:35 SO MY MOTION, AND I'M LOOKING FOR A SECOND, WOULD BE THAT
04:14:40 THEY WOULD CLOSE ON A DAY THAT MAY HURT THEM A LITTLE BIT
04:14:43 AND GET THEIR ATTENTION A LITTLE BIT, AND KNOW THAT THE
04:14:46 CITY IS SERIOUS ABOUT THE PUBLIC HEALTH.
04:14:48 >>GUIDO MANISCALCO: THANK YOU.
04:14:49 >>JOHN DINGFELDER: AND THURSDAY, FRIDAY OR SATURDAY.
04:14:52 >>CATE WELLS: CHIEF ASSISTANT CITY ATTORNEY.
04:14:55 FROM THE CITY'S PERSPECTIVE AND ENFORCE; WOULD ASK IF
04:14:59 THIS IS COUNCIL'S MOTION THAT THE COUNCIL IDENTIFY WHICH
04:15:03 DATE, WHICH 24-HOUR PERIOD THE SUSPENSION WOULD APPLY
04:15:06 RATHER THAN LEAVE IT TO THE ESTABLISHMENT'S DISCRETION
04:15:09 WHICH I BELIEVE WAS COUNCILMAN DINGFELDER'S INITIAL
04:15:12 SUGGESTION.
04:15:13 >>GUIDO MANISCALCO: VERY GOOD.
04:15:13 COUNCILMAN VIERA.
04:15:14 THEN COUNCILMAN MIRANDA.
04:15:16 >>LUIS VIERA: JUST A COUPLE THOUGHTS.
04:15:17 YOU KNOW, I THINK THE END RESULT THAT WE ALL WANT IS SOME
04:15:22 LEVEL OF MEASURED ACCOUNTABILITY.
04:15:26 AS WELL AS CHANGING OF BEHAVIOR.
04:15:29 IT'S ALLEGED THAT THE BEHAVIOR HAS BEEN CHANGED.
04:15:31 WE WANT TO TRUST BUT VERIFY, AS THE OLD SAYING GOES WITH
04:15:35 THAT.
04:15:36 I THINK WITH REGARDS TO ADVERSE MEASURES THAT THIS BODY
04:15:42 MAY TAKE, ONE DAY MEASURED, SEVEN DAYS MEASURED, I
04:15:46 BELIEVE THE TESTIMONY OF THE DEFENDANT, QUOTE-UNQUOTE,
04:15:49 THAT, YOU KNOW, SEVEN DAYS WOULD JUST BE THIS TIME, VERY
04:15:56 LIKELY TOO MUCH AND WHATNOT, BUT I WILL SAY IT.
04:15:59 IF WE DO THE 90 DAY MEASURE AND THEY COME BACK AFTER 90
04:16:02 DAYS AND THE CITY HAS BEEN ABLE TO NOT JUST TRUST THEM
04:16:05 BUT VERIFY WITH GOOD RESULTS, I'LL LOOK UPON THAT
04:16:08 FAVORABLY, NOT A PROMISE IN ANY WAY, BUT I WILL LOOK UPON
04:16:11 THAT FAVORABLY BECAUSE THAT'S WHAT WE WANT, IS TO MAKE
04:16:14 SURE THAT THESE BUSINESSES, RIGHT, THAT ARE OPERATING,
04:16:18 COMPLY AND HAVE BEEN COMPLYING WITH THESE RULES SET
04:16:22 FORTH.
04:16:23 THAT'S OUR MAIN GOAL.
04:16:24 SO FOR ME THE 90 DAYS, I KNOW PUSHING IT OUT 90 DAYS, WE
04:16:29 ARE NOT CONTINUING.
04:16:30 ALL WE ARE SAYING THIS IS OUR FINDING.
04:16:32 THERE'S A VIOLATION, RIGHT?
04:16:34 WE ARE GOING TO FIND THE PENALTY OR WHATEVER YOU WANT TO
04:16:38 CALL IT FOR 930 DAYS AND SEE HOW YOU COMPLIED BECAUSE
04:16:42 THAT'S ULTIMATELY WHAT WE WANT.
04:16:43 I THINK AS A BODY, I THINK THAT'S THE MOST MEASURED WAIT
04:16:46 TO DO IT BECAUSE OTHERWISE WE LOSE OUR CONTINUED
04:16:50 ACCOUNTABILITY AS A BODY.
04:16:52 THAT'S MY THOUGHTS.
04:16:53 THANK YOU, SIR.
04:16:54 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
04:16:55 COUNCILMAN MIRANDA.
04:16:55 >>JOHN DINGFELDER:
04:16:58 >>CHARLIE MIRANDA: THIS IS MY THING AND EVERYTHING THAT
04:17:02 I HAVE HEARD.
04:17:03 90 DAYS, AT THE END OF 90 DAYS, IF THERE IS NO PENALTY,
04:17:06 WHY HAVE AN ORDINANCE?
04:17:09 YOU HAVE PEOPLE -- YOU HAVE THOUSANDS THAT HAVE BEEN
04:17:17 THROUGH, THEY CHECKED THEM AND CHECK THEM, AND FEW HAVE
04:17:22 NOT ADHERED TO THE RULES OR REGULATIONS OF THE CITY.
04:17:25 SO TO GIVE THEM 930 DAYS AND IF YOU ARE A NICE PERSON, A
04:17:28 GOOD PERSON AND BEHAVE WITH THE LAW, THEN AFTER THE FACT,
04:17:32 AND I JUST CAN'T SIT HERE IN GOOD JUDGMENT THAT THIS
04:17:42 COUNTRY HAS.
04:17:43 I DON'T -- THE WORLD HAS THIS PROBLEM AND THERE'S SOME
04:17:47 COUNTRIES THAT WON'T EVEN LET YOU IN THE COUNTRY AT THE
04:17:52 PRESENT TIME.
04:17:53 AND I AM CERTAINLY NOT GOING TO TRY TO CLOSE THIS
04:17:55 BUSINESS DOWN IN TOTAL.
04:17:56 BUT I THINK THAT 90 DAYS, IF YOU ARE NICE AND HAPPY, THAT
04:18:00 WE ARE GOING TO GIVE YOU NO DAYS, WE SHOULD HAVE NO
04:18:04 ORDINANCE.
04:18:05 AND THEN I ALSO THINK THAT ONE DAY IS NOT CRITICAL, YOU
04:18:08 KNOW.
04:18:10 I THINK THAT ONE WEEK IS TOO LONG.
04:18:14 I SAY FROM WHAT I HEARD AND WHAT I READ HERE, I THINK A
04:18:20 FAIR -- THAT'S THE UNDERSTANDING, CITY OF -- BUSINESSES
04:18:28 OF CITY OF TAMPA ADHERE, AND HAVING MASKS AT ALL TIMES
04:18:33 WHEN YOU ARE STANDING UP, MAYBE WHEN YOU ARE TAKING A
04:18:37 DRINK OR SITTING DOWN, OF COURSE YOU HAVE GOT TO EAT, YOU
04:18:39 HAVE GOT TO TAKE THE MASK OFF.
04:18:41 I THINK THE LEAST I CAN GO FORWARD IS A 3-DAY SUSPENSION.
04:18:46 AND THE OTHER INDIVIDUALS THAT AND ALL THE BUSINESSES IS
04:18:54 ADHERE TO THE FACT THAT WE HAVE A SERIOUS PROBLEM, AND IN
04:19:01 THIS WORLD, AND LOOK AT WHAT HAPPENED IN TEXAS.
04:19:03 IT HAS NOTHING TO DO WITH THIS.
04:19:07 COLD WEATHER THAT HIT TEXAS.
04:19:10 SO WE HAVE GOT A PROBLEM THAT WE CAN'T SOLVE, AND IT WAS
04:19:17 A MINIMAL EFFORT, AND LIKE I SAID EARLIER, IF SOMEBODY
04:19:22 WITH A MASK WOULD HAVE GOTTEN UP ON STAGE AND SAID WE ARE
04:19:25 NOT GOING TO-PLAY, THAT DID NOT HAPPEN.
04:19:33 SO MY FEELING IS THREE DAYS, AND I WILL VOTE FOR THAT.
04:19:36 RIGHT NOW THAT'S THE ONLY ONE I AM VOTING FOR.
04:19:38 >>JOHN DINGFELDER: MR. MIRANDA, I WILL SECOND HIS
04:19:45 MOTION, AND CATE WELLS ASKED US TO BE SPECIFIC ON DATES,
04:19:50 THEN I WOULD, MR. MIRANDA, I WOULD LOOK AT FEBRUARY
04:19:57 23rd, WHICH IS A TUESDAY, 24th, WHICH IS A
04:20:00 WEDNESDAY, AND 25th WHICH IS A THURSDAY.
04:20:04 SO IT'S NOT INFLICTING WEEKEND PAIN ON THEM, BUT IT IS
04:20:07 THREE CONSECUTIVE DAYS, FEBRUARY 23rd, 24th,
04:20:12 25th, MR. MIRANDA, IF YOU WANT TO ACCEPT --
04:20:19 >>CHARLIE MIRANDA: AND IN MY OTHER JOB, I ALSO GET PAID.
04:20:29 IT'S UP TO OUR DETERMINATION TO DETERMINE WHAT DAYS AND
04:20:33 WHEN ARE GOING TO GET THEM.
04:20:35 SO I APPRECIATE WHAT YOU JUST SAID AND I AGREE.
04:20:38 >>GUIDO MANISCALCO: COUNCILMAN CITRO, I SEE YOUR HAND
04:20:41 UP, SIR.
04:20:42 >>JOSEPH CITRO: I AM JUST GOING TO ASK COUNCILMAN
04:20:45 DINGFELDER, CAN WE CONFIRM THEY ARE EVEN OPEN THOSE DAYS?
04:20:49 THERE ARE SOME BARS DOWN IN YBOR THAT DON'T OPEN EXCEPT
04:20:52 FOR THURSDAY, FRIDAY AND SATURDAY.
04:20:55 SO CAN WE CONFIRM THAT THEY ARE EVEN OPEN THOSE DAYS?
04:20:58 WHY IMPOSE A FINE WHEN THEY ARE NOT OPEN?
04:21:00 EXCUSE ME, WHY IMPOSE SOMETHING ON THEM IF THEY ARE NOT
04:21:02 OPEN THOSE DAYS?
04:21:03 >>BILL CARLSON: I WOULD VOTE FOR THIS IF IT'S THURSDAY,
04:21:10 FRIDAY, SATURDAY.
04:21:11 OTHERWISE, I WOULD VOTE AGAINST.
04:21:13 >>JOSEPH CITRO: CORRECT.
04:21:14 >>JOHN DINGFELDER: MR. MIRANDA WANTS TO ACCEPT A
04:21:20 DIFFERENT FRIENDLY MOTION OF FEBRUARY 25th, 26th
04:21:24 AND 27th, WHICH IS THURSDAY, FRIDAY, SATURDAY.
04:21:27 >>CHARLIE MIRANDA: I ACCEPT THAT MOTION.
04:21:32 >>JOSEPH CITRO: I SECOND.
04:21:33 >>GUIDO MANISCALCO: THE DEFENDANT HAS BEEN FOUND GUILTY.
04:21:34 WE ARE AT SENTENCING.
04:21:36 >>MARTIN SHELBY: IT IS JUST IN VIOLATION.
04:21:41 THE PENALTY FOR THE VIOLATION.
04:21:43 >>GUIDO MANISCALCO: THE PENALTY OF THE VIOLATION.
04:21:45 AND THAT IS A MOTION FROM COUNCILMEMBER MIRANDA WITH A
04:21:49 SECOND FROM COUNCILMEMBER DINGFELDER.
04:21:52 IF THERE IS NO FURTHER DISCUSSION, ROLL CALL VOTE.
04:21:54 >>JOHN DINGFELDER: JUST TO CLARIFY, MR. CHAIRMAN, THE
04:22:00 THREE DATES OF THE PENALTY, FEBRUARY 25th, 26th,
04:22:04 AND 27th.
04:22:05 THURSDAY, FRIDAY, SATURDAY.
04:22:07 >>GUIDO MANISCALCO: VERY GOOD.
04:22:11 ROLL CALL VOTE.
04:22:12 >>LUIS VIERA: NO.
04:22:19 >>JOHN DINGFELDER: YES.
04:22:22 >>GUIDO MANISCALCO: NO.
04:22:25 >>BILL CARLSON: YES.
04:22:27 >>JOSEPH CITRO: YES.
04:22:30 >>CHARLIE MIRANDA: YES.
04:22:34 >>THE CLERK: MOTION CARRIED WITH GUDES BEING ABSENT,
04:22:37 COUNCILMEMBER VIERA VOTING NO AND COUNCILMEMBER
04:22:41 MANISCALCO VOTING NO.
04:22:41 >>LUIS VIERA: IF I MAY, MR. CHAIR.
04:22:46 AND I JUST WANT TO AGAIN EXPLAIN MY VOTE WHICH IS THE
04:22:49 STAFF RECOMMENDED 90 DAYS AND THEN HAVE ACCOUNTABILITY AN
04:22:56 AND THEN ASSESS AT THAT TIME WAS SOMETHING I THOUGHT WAS
04:22:58 WISER AND WHATNOT.
04:22:59 BUT JUST TO EXPLAIN MY VOTE.
04:23:01 THANK YOU SO MUCH.
04:23:01 >>JOHN DINGFELDER: MR. CHAIRMAN,.
04:23:06 >>GUIDO MANISCALCO: MR. DINGFELDER?
04:23:08 >>JOHN DINGFELDER: I'M SORRY TO THROW THIS IN.
04:23:12 MR. SHELBY, HELP ME OUT HERE.
04:23:14 MY ONLY CONCERN IS, MR. LIROT HAVE IS A VERY GOOD
04:23:21 LITIGATE OR.
04:23:22 HE KNOWS HOW TO -- IF HE APPEALS, WENT PAST FEBRUARY,
04:23:27 THEN WE WOULD MISS THOSE THREE SPECIFIC DAYS.
04:23:30 SO -- CAN WE MODIFY OR TWEAK THE MOTION TO SAY, THOSE ARE
04:23:39 THE THREE DAYS, FEBRUARY 25, 26, 27, OR THE NEXT THREE
04:23:47 DAYS THAT WOULD ARISE AFTER THE RESPONDENT FINISHED
04:23:51 HIS-OH EXHAUSTED ALL OF HIS APPEAL.
04:23:54 THE NEXT THREE THURSDAY, FRIDAY, SATURDAY DAYS AFTER HE
04:23:59 EXHAUSTED HIS APPEAL.
04:24:01 SO THAT WAY, IT WOULD MAKE SOME SENSE BECAUSE OTHERWISE
04:24:05 WE WOULD HAVE THIS REFERENCE TO FEBRUARY, WHICH OUR LEGAL
04:24:11 COUNSEL REQUESTED, THAT WHEN HE FILED AN APPEAL WOULDN'T
04:24:16 MAKE ANY SENSE.
04:24:17 SO MR. SHELBY, IF YOU WANT TO HELP ME GET THERE.
04:24:20 BUT I JUST THOUGHT OF IT AFTER WE VOTED AND I APOLOGIZE.
04:24:24 >>MARTIN SHELBY: WELL, NOT BEING AN APPELLATE
04:24:28 ATTORNEY --
04:24:29 >>JOHN DINGFELDER: I DON'T MEAN THAT.
04:24:30 I MEAN PROCEDURALLY, HOW DO WE GET THERE IN TERMS OF --
04:24:34 DO I HAVE TO REVISIT THE MOTION?
04:24:36 >>MARTIN SHELBY: YOU WANT TO STRUCTURE IT, IF NOT THAT
04:24:43 DATE, UNTIL SUCH TIME AS --
04:24:48 >>JOHN DINGFELDER: IT WOULD BE THE NEXT THREE
04:24:49 CONSECUTIVE THURSDAY, FRIDAY, SATURDAY AFTER THE
04:24:53 RESPONDENT APPELLANT EXHAUSTS ALL OF HIS APPEALS.
04:24:58 >>MARTIN SHELBY: REMEDIES?
04:24:59 OKAY.
04:25:00 THAT WOULD BE CERTAINLY SOMETHING THAT WOULD CERTAINLY BE
04:25:02 AN IMPROVEMENT, IF THAT WOULD ADDRESS YOUR CONCERNS,
04:25:05 WHETHER IT'S EFFECTIVE OR NOT I CAN'T SAY, BUT I
04:25:07 CERTAINLY THINK IT'S AN IMPROVEMENT.
04:25:09 >>JOHN DINGFELDER: MR. MIRANDA, ARE YOU WITH ME ON THAT?
04:25:13 >>CHARLIE MIRANDA: I'M WITH YOU, BUT HERE IS THE THING,
04:25:15 MR. DINGFELDER.
04:25:16 IF THERE'S AN APPEAL AND IF THE JUDGE HEARS THIS CASE AND
04:25:18 IF A JUDGE RECALLS AGAINST THE CITY, HE CAN SAY NO DAYS,
04:25:26 HE MAY REDUCE THE DAYS, HE CAN ELIMINATE THE DAYS, OR
04:25:31 INCREASE THE DAYS, HE AND SHE.
04:25:33 CAN THEY REDUCE IT?
04:25:37 THEN THE ORDINANCE DOES NOT EXIST THAT THEY ARE LOOKING
04:25:41 AT, THEN THAT'S THE RISK WE HAVE TO TAKE.
04:25:42 >>JOHN DINGFELDER: BUT CHARLIE, WHAT I AM SAYING IS, IF
04:25:48 WE WIN, IF HE GOES THROUGH AN APPEAL AND WE WIN, MAYBE
04:25:52 HE'S GOING TO FIND HIMSELF IN APRIL OR MAY.
04:25:54 >>CHARLIE MIRANDA: IT'S A DIFFERENT WORLD THAT I LIVE
04:26:01 IN.
04:26:02 THREE DAYS, AND WE CHOOSE THE DATES AGAIN.
04:26:07 FEBRUARY DOESN'T GO AWAY.
04:26:08 IT'S JUST EXTENDED TO ANOTHER MONTH.
04:26:10 THAT'S WHAT HAPPENS WITH US.
04:26:11 I DON'T KNOW, A JUDGE, HE OR SHE, MAY SAY, NOW WHAT, WE
04:26:16 FIND THIS ORDINANCE OF THE COUNCIL, AND THEN GET TO BE NO
04:26:24 DAYS, AND THAT'S ENOUGH, OR THAT IT GOES NOW TO SEVEN
04:26:30 DAYS OR TEN DAYS.
04:26:31 I DON'T KNOW WHAT.
04:26:32 WHEN THEY GO TO COURT, EVERYONE IS TAKING A CHANCE.
04:26:36 US AND THEM.
04:26:37 >>GUIDO MANISCALCO: OKAY.
04:26:43 >>CHARLIE MIRANDA: THAT'S JUST MY OPINION.
04:26:49 >>LUKE LIROT: MAY I ASK A POINT OF ORDER?
04:26:51 I APOLOGIZE.
04:26:51 AND I APPRECIATE ALL THE EXTENSIVE CONSIDERATION THAT YOU
04:26:53 HAVE GIVEN TO THE FACTS IN THIS CASE.
04:26:55 BUT AS A PROCEDURAL QUESTION, ASSUMING AN APPEAL WOULD BE
04:27:00 CONTEMPLATED, WOULD THAT RESULT IN AN AUTOMATIC STAY OF
04:27:05 THE IMPOSITION OF THIS FINDING OF VIOLATION?
04:27:10 I'M NOT THAT FAMILIAR WITH THE APPELLATE PROCESS BUT
04:27:13 USUALLY THE WAY IT WORKS IF YOU FAIL A NOTICE OF APPEAL
04:27:15 YOU HAVE TO GO BACK TO THE PARTY THAT MADE THE INITIAL
04:27:18 FINDING AND ASK FOR A STAY, AND THEN YOU GO TO THE
04:27:21 APPELLATE COURT AND ASK FOR A STAY.
04:27:23 I DON'T KNOW THAT THERE'S A VARIATION IN THE ULTIMATE
04:27:28 SENTENCE SHOULD A PARTY BE UNSUCCESSFUL ON APPEAL.
04:27:31 BUT I AM CURIOUS IF WHETHER AN AUTOMATIC STAY IS BEING
04:27:35 CONTEMPLATED IN THE MOTION CURRENTLY PENDING.
04:27:38 >>CHARLIE MIRANDA: THAT'S FOR SOMEBODY ELSE.
04:27:47 >>JOHN DINGFELDER: THERE'S NO MOTION PENDING.
04:27:50 THE MOTION IS ALREADY DONE AND PASSED.
04:27:55 LEAVE IT ALONE AND JUST DROP IT THERE AND SEE WHAT
04:27:57 HAPPENS DOWN THE ROAD, AS MR. MIRANDA SAID, MAYBE A JUDGE
04:28:03 DOWN THE ROAD WOULD RULE IT IN OUR FAVOR BUT CHANGE THE
04:28:07 DATES OF SENTENCING ACCORDINGLY TO MARCH OR APRIL OR MAY.
04:28:12 I DON'T KNOW.
04:28:15 MS. GRIMES, DO YOU HAVE ANY SUGGESTIONS?
04:28:23 >>GINA GRIMES: ARE YOU TALKING ABOUT, LUKE, AN APPEAL OF
04:28:26 THE CIRCUIT COURT DECISION THAT YOU JUST RECEIVED?
04:28:31 >>LUKE LIROT: NO, I AM TALKING ABOUT THIS DECISION.
04:28:34 >>GINA GRIMES: APPEALING THIS ONE?
04:28:36 >>LUKE LIROT: YES.
04:28:36 WHICH I UNDERSTAND WOULD BE TO THE CIRCUIT COURT.
04:28:38 EVEN THOUGH THEY MODIFIED THE RULES, I BELIEVE AN
04:28:41 ADMINISTRATOR FINDING WOULD STILL BE APPEALED TO THE
04:28:44 CIRCUIT COURT.
04:28:47 >>GINA GRIMES: CORRECT.
04:28:48 IT WOULD GO UP ON A PETITION OF R FOR WRIT OF CERT.
04:28:55 >>LUKE LIROT: I THINK THAT'S PROBABLY CORRECT.
04:28:59 I WOULD HAVE TO VERIFY THAT.
04:29:02 EITHER STANDARD APPEAL OR WRIT OF CERTIORARI WOULD BE THE
04:29:05 ONLY TWO OPTIONS.
04:29:06 I'M SURE IT'S ONE OF THOSE.
04:29:08 AND AGAIN I DON'T WANT TO APPEAR UNTHANKFUL FOR THE
04:29:14 BOARD'S CONSIDERATION.
04:29:15 >>JOHN DINGFELDER: WELL, I WOULD BE AMENABLE TO AN
04:29:24 AUTOMATIC APPEAL -- I MEAN, AN AUTOMATIC STAY COMING OUT
04:29:28 OF THIS BODY.
04:29:31 I THINK THAT'S ONLY FAIR WHEN YOU ARE APPEALING
04:29:34 SOMETHING.
04:29:35 OTHERWISE, IT MAKES THE APPEAL KIND OF POINTLESS, WHICH
04:29:39 IS NOT FAIR TO ANYBODY.
04:29:43 SO I'M ONLY ONE OF SEVEN, WOULD BE OKAY WITH THAT.
04:29:46 IN ANSWER TO YOUR QUESTION, I'M STILL WRESTLING WITH THE
04:29:50 ISSUE -- AND MS. WELLS ASKED US TO SPECIFIC A SPECIFIC
04:29:54 DATE.
04:29:55 WELL, CHARLIE AND I PICKED THIS SPECIFIC DATE.
04:29:57 BUT IF IT GOES UP ON APPEAL THAT DATE BECOMES MOOT.
04:30:00 SO I AM JUST TRYING TO -- THAT'S WHERE I AM COMING FROM,
04:30:05 CHARLIE.
04:30:07 >>GINA GRIMES: PERHAPS YOU COULD MODIFY TO SAY A DATE
04:30:09 AFTER THE ORDER IS FINAL.
04:30:13 I UNDERSTAND WHAT YOU ARE SAYING NOW, THAT YOU ARE
04:30:15 CONCERNED THAT IF HE APPEALS IT AND THE DATE PASSES, AND
04:30:19 WE ULTIMATELY PREVAIL, THEN THE PENALTY CANNOT BE
04:30:22 IMPOSED.
04:30:22 >>JOHN DINGFELDER: WELL, I'LL MOVE TO REVISIT THE
04:30:26 EARLIER MOTION AND JUST TWEAK IT SLIGHTLY, SAY FEBRUARY
04:30:34 25, 26, 27, OR SUCH OTHER THREE CONSECUTIVE THURSDAY,
04:30:39 FRIDAY, SATURDAY, WHATEVER YOU SAID, GINA?
04:30:44 >>GINA GRIMES: AFTER THE APPEAL BECOMES FINAL.
04:30:47 AFTER THE APPEAL BECOMES FINAL.
04:30:49 >>MARTIN SHELBY: I'M SORRY, DO YOU --
04:30:53 >>JOHN DINGFELDER: AND HAS TO BE APPEALED.
04:30:54 >>MARTIN SHELBY: I WOULD SAY THERE'S A SUPPOSITION IN
04:30:56 THERE.
04:30:57 I WOULD PREFER IF THAT AFTER THE ORDER BECOMES FINAL.
04:31:00 I WOULD PREFER THAT.
04:31:03 AS OPPOSED TO APPEAL.
04:31:05 >>GINA GRIMES: THEY MAY CHOOSE NOT TO APPEAL IT.
04:31:09 SO WE COULD HAVE THE PENALTY IMPOSED THOSE SPECIFIC DAYS.
04:31:13 >>JOHN DINGFELDER: MARTY, LET ME TRY IT AGAIN.
04:31:27 AND I'M SORRY TO EVERYBODY.
04:31:31 THE SAME MOTION AS EARLIER, MR. MIRANDA CRAFTED, THAT
04:31:35 TWEAKED SLIGHTLY TO SAY FEBRUARY 25, 26, 27, OR IF THE
04:31:42 MATTER IS APPEALED, WHENEVER THE APPEAL IS EXHAUSTED AND
04:31:51 FINAL, THE NEXT THURSDAY, FRIDAY AND SATURDAY.
04:31:57 >>CHARLIE MIRANDA: I AM GOING TO ADD ANOTHER THING.
04:32:04 WE USUALLY GIVE SOMEONE THAT WE ARE TALKING ABOUT A
04:32:06 SERIOUS MANNER A CERTAIN DAYS TO APPEAL.
04:32:10 THAT DOESN'T MEAN THEY ARE GOING TO HEAR THE CASE BEFORE
04:32:12 THAT BUT WE KNOW WHAT'S GOING ON.
04:32:15 I DON'T WANT TO SAY APPEALED, AND WE ARE GOING TO APPEAL
04:32:18 AND NO ONE EVER APPEALS AND THERE'S NEVER A PENALTY.
04:32:21 AND I AM NOT SAYING MR. LIROT WOULD DO THAT.
04:32:24 I THINK HE'S A CLASS ACT.
04:32:25 BUT I'M JUST SAYING FOR THE PROTECTION OF THE CITIZENS,
04:32:28 ALL OF THEM, THAT WE HAVE TO HAVE A CERTAIN AMOUNT OF
04:32:31 DAYS FOR THE APPEAL TO BE FILED, AND THAT HAS -- SOMEBODY
04:32:36 ELSE TO DETERMINE WHAT THEY DO OVER HERE.
04:32:41 >>JOHN DINGFELDER: TYPICALLY IT'S 21 DAYS AFTER MY
04:32:43 DECISION IS MADE, RIGHT, MS. GRIMES?
04:32:46 >>GINA GRIMES: 30.
04:32:48 30 FOR WRIT OF CERT.
04:32:51 >>JOHN DINGFELDER: TODAY IS FEBRUARY 18th.
04:32:52 SO MR. MIRANDA, YOUR POINT IS WELL TAKEN.
04:32:54 LET'S LOOK AT MARCH 18th, 19th AND 20th.
04:32:59 THAT GIVES THEM A FULL 30 DAYS TO FILE THEIR APPEAL.
04:33:04 >>CHARLIE MIRANDA: I AGREE WITH THAT.
04:33:05 I THINK IT'S FAIR TO EVERYONE.
04:33:06 >>JOHN DINGFELDER: MARCH 18, 19 AND 20 WILL BE THE
04:33:09 PENALTY DAYS, THREE CONSECUTIVE DAYS.
04:33:13 IF IT IS APPEALED, THE NEXT THREE CONSECUTIVE THURSDAY,
04:33:16 FRIDAY, SATURDAY AFTER THE APPEAL.
04:33:23 >>CHARLIE MIRANDA: VERY GOOD.
04:33:24 >>MARTIN SHELBY: MR. CHAIRMAN, I'M SORRY.
04:33:27 COUNTING FROM FEBRUARY TO MARCH IS NOT A FULL 30 DAYS SO
04:33:30 I JUST WANT TO BE SURE THAT WE LEAVE SUFFICIENT TIME.
04:33:38 IT SHOULD BE BEYOND THE 30-DAY PERIOD.
04:33:40 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
04:33:43 SO MARCH 18th IS ONLY 28 DAYS.
04:33:45 >>JOHN DINGFELDER: OKAY.
04:33:50 ALL RIGHT.
04:33:51 HERE WE GO AGAIN.
04:33:52 MARCH 25th, 26th, AND 27th, OR THE NEXT
04:33:58 CONSECUTIVE THURSDAY, FRIDAY, SATURDAY AFTER AN APPEAL IS
04:34:02 RESOLVED.
04:34:02 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN DINGFELDER.
04:34:05 SECOND FROM COUNCILMAN MIRANDA.
04:34:07 ROLL CALL VOTE.
04:34:07 >>LUIS VIERA: I'M VOTING NO BECAUSE I VOTED NO THE FIRST
04:34:14 TIME.
04:34:14 >>JOHN DINGFELDER: YES.
04:34:25 >>GUIDO MANISCALCO: NO.
04:34:26 >>BILL CARLSON: YES.
04:34:29 >>JOSEPH CITRO: YES.
04:34:31 >>CHARLIE MIRANDA: YES.
04:34:34 >>THE CLERK: MOTION CARRIED WITH COUNCILMEMBER GUDES
04:34:36 BEING ABSENT, COUNCILMEMBER MANISCALCO VOTING NO.
04:34:39 >>MARTIN SHELBY: AGAIN FOR THE PURPOSES OF THE RECORD,
04:34:42 COUNCILMAN DINGFELDER, THAT WAS A MOTION TO AMEND YOUR
04:34:44 PREVIOUS MOTION.
04:34:45 IS THAT CORRECT?
04:34:46 >>JOHN DINGFELDER: THAT'S CORRECT.
04:34:48 ONE OTHER QUICK NOTE FOR THE BENEFIT OF MR. LIROT AND HIS
04:34:54 THOUGHT PROCESS IS THAT THIS BODY WOULD AGREE THAT IF HE
04:34:58 FILES AN APPEAL, HE GETS AN AUTOMATIC STAY FROM THIS,
04:35:03 FROM THIS BODY.
04:35:05 WE CAN'T CONTROL WHAT A HIGHER COURT DOES BUT AT LEAST IN
04:35:09 THIS BODY, AN ADDITIONAL MOTION.
04:35:11 >>MARTIN SHELBY: I'M JUST CURIOUS AND THINKING OUTLOUD,
04:35:14 AND I'M CURIOUS AS TO WHETHER THAT'S A CONDITION YOU CAN
04:35:17 IMPOSE UPON THAT OUTSIDE OF THE ORDINANCE SPECIFICALLY
04:35:19 WITH REGARD TO A PENALTY.
04:35:20 >>JOHN DINGFELDER: SOMETIMES THE HIGHER COURT LASS TO
04:35:25 THE LOWER COURT FOR ADVICE OR WHAT HAVE YOU IN REGARDS TO
04:35:31 THAT ISSUE.
04:35:35 >>LUKE LIROT: IF WE CAN MAKE A POINT OF ORDER I WILL TALK
04:35:37 TO MY CLIENT, AND HE SEEMS DISINCLINED TO PURSUE HIS
04:35:41 APPELLATE REMEDIES.
04:35:43 SO BASED ON THAT ADDITIONAL FACTOR, WE CERTAINLY
04:35:46 APPRECIATE THE CONSIDERATION, BUT AS FAR AS THIS CLIENT
04:35:49 IS CONCERNED, I DON'T THINK AN APPEAL WILL BE FILED.
04:35:52 >>JOHN DINGFELDER: I WILL WITHDRAW THE MOTION.
04:35:55 I THINK WE ARE DONE.
04:35:56 >>GUIDO MANISCALCO: ALL RIGHT.
04:35:57 THAT SETTLES THAT.
04:35:58 THANK YOU VERY MUCH.
04:35:59 BEFORE WE CONTINUE ON, AS WE GO INTO THE EVENING, LET'S
04:36:02 TAKE A FIVE-MINUTE RECESS.
04:36:08 [ CITY COUNCIL RECESS ]
04:52:35
04:53:19 >>GUIDO MANISCALCO: ALL RIGHT.
04:53:20 I WOULD LIKE TO CALL THIS TAMPA CITY COUNCIL MEETING BACK
04:53:22 IN SESSION.
04:53:23 ROLL CALL, PLEASE.
04:53:23 >>LUIS VIERA: HERE.
04:53:29 >>JOHN DINGFELDER: HERE.
04:53:31 >>GUIDO MANISCALCO: HERE.
04:53:33 >>BILL CARLSON: HERE.
04:53:34 >>JOSEPH CITRO: HERE.
04:53:37 >>CHARLIE MIRANDA: HERE.
04:53:38 >>THE CLERK: WE HAVE A PHYSICAL QUORUM.
04:53:41 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
04:53:42 MS. WELLS.
04:53:45 THE MIKE IS NOT ON.
04:53:46 >>CATE WELLS: CHIEF ASSISTANT CITY ATTORNEY.
04:53:53 DURING THE BREAK WE CONSULTED WITH MR. LIROT.
04:53:55 HE IS ALSO REPRESENTING YBOR CIGAR PLUS.
04:54:01 IT'S ITEM NUMBER 69 ON YOUR AGENDA.
04:54:04 I BELIEVE HE IS WILLING AND HIS CLIENT IS WILLING TO
04:54:06 STIPULATE ON THE RECORD IN ORDER TO RESOLVE THIS TODAY
04:54:10 WITHOUT THE NEED TO GO THROUGH A HEARING, THAT THERE IS A
04:54:12 VIOLATION OF SECTION 27-318 C-1-F, AND THAT THEY WOULD
04:54:18 ALSO AGREE, THE CLIENT WOULD AGREE TO A THREE DAY
04:54:21 SUSPENSION SIMILAR TO THE PENALTY IMPOSED IN THE PRIOR
04:54:25 CASE.
04:54:26 THE DIFFERENCE BEING THEY ARE REQUESTING A SUSPENSION
04:54:29 THAT WOULD RUN FROM MONDAY THROUGH WEDNESDAY.
04:54:31 IT'S MY UNDERSTANDING BASED ON MR. LIROT'S REPRESENTATION
04:54:36 THAT THEY ARE OPEN SEVEN DAYS A WEEK AND A MUCH SMALLER
04:54:39 ESTABLISHMENT THAN THE ONE HEARD UNDER ITEM NUMBER 68.
04:54:42 SO IF MR. LIROT AND HIS CLIENT CAN STEP UP TO THE LECTERN
04:54:48 ON THE SECOND FLOOR AND MAKE THEIR STIPULATIONS OTHER
04:54:51 RECORD FOR COUNCIL'S CONSIDERATION.
04:54:52 >>GUIDO MANISCALCO: OKAY.
04:54:57 WE HAVE A MOTION TO OPEN THE HEARING SO WE DON'T HAVE TO
04:55:01 DO THAT AND EVERYONE HAS BEEN SWORN IN.
04:55:02 MR. LIROT, IF YOU ARE AT THE KIOSK.
04:55:06 GO AHEAD, SIR.
04:55:08 >>LUKE LIROT: YES.
04:55:09 I WOULD LIKE THE COUNCIL TO CONSIDER RATIFYING OUR
04:55:13 STIPULATION, AND THAT WOULD INCLUDE THE ADMISSION OF THE
04:55:18 VIOLATION, AND THE IMPOSITION OF A 3 DAY SUSPENSION
04:55:23 BEGINNING MONDAY, TUESDAY AND WEDNESDAY OF NEXT WEEK.
04:55:26 NO APPEAL IS BEING QUALIFIED.
04:55:28 MY CLIENT IS HERE WITH A CERTIFIED INTERPRETER SO HE
04:55:31 UNDERSTANDS EVERYTHING THAT WE ARE DOING.
04:55:33 AND IF YOU WANT TO PLACE HIM UNDER OATH TO RATIFY AND
04:55:36 CONFIRM EVERYTHING THAT WE HAVE JUST SAID, IF COUNCIL
04:55:39 WOULD LIKE TO CONSIDER THAT, THAT MIGHT BE A VERY
04:55:42 REASONABLE RESOLUTION TO THIS SECOND HEARING TODAY.
04:55:44 >>GUIDO MANISCALCO: VERY GOOD.
04:55:45 SO IF THE GENTLEMAN AND THE INTERPRETER COULD APPROACH
04:55:48 THE LECTERN, PLEASE RAISE YOUR RIGHT HAND AND WE WILL
04:55:51 SWEAR YOU IN JUST TO BE SAFE, JUST FOR THE RECORD.
04:55:55 THE INTERPRETER AS WELL.
04:55:56 >>THE CLERK: DO YOU SWEAR AND AFFIRM THAT THE TESTIMONY
04:56:01 YOU ARE ABOUT TO GIVE IS THE TRUTH AND NOTHING BUT THE
04:56:03 TRUTH?
04:56:04 >> YES.
04:56:05 >>THE CLERK: THANK YOU.
04:56:07 >>GUIDO MANISCALCO: VERY GOOD.
04:56:08 OKAY.
04:56:08 >>MARTIN SHELBY: PERHAPS MR. LIROT WOULD LIKE TO --
04:56:20 SPEAK WITH HIS CLIENT.
04:56:22 >>GUIDO MANISCALCO: ARE YOU AWARE?
04:56:24 AND IF HE STATES HIS NAME FOR RECORD.
04:56:26 >> HE'S FULLY AWARE OF WHAT WE DISCUSSED AND HE
04:56:30 UNDERSTANDS HIS KNOWLEDGE OF CONSENT TO THE RESOLUTION AS
04:56:34 DESCRIBED.
04:56:34 >>MARTIN SHELBY: AND THE GENTLEMAN'S NAME AGAIN IS?
04:56:41 >> HI NAME IS HERIBERTO ORLANDO RODRIGUEZ MANDULEY.
04:56:51 >> AND THAT IS YOUR AGREEMENT?
04:56:57 >> YES.
04:56:59 >>MARTIN SHELBY: AND YOU UNDERSTAND WHAT THE PENALTY AND
04:57:01 THE SETTLEMENT ARE, CORRECT?
04:57:04 >> YES.
04:57:04 >>MARTIN SHELBY: THANK YOU.
04:57:05 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
04:57:06 IF YOU WOULD LIKE TO PROCEED.
04:57:07 >>CATE WELLS: THE OFFER IS BEFORE COUNCIL FOR COUNCIL'S
04:57:16 CONSIDERATION.
04:57:19 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, I SEE YOUR
04:57:21 HAND UP, SIR.
04:57:22 >>JOHN DINGFELDER: MS. JOHNSON-VELEZ, IN THE LAST CASE
04:57:27 YOU GUYS STARTED OUT WITH A RECOMMENDATION OF 30 DAYS.
04:57:30 I DON'T KNOW WHAT YOUR RECOMMENDATION WAS FOR THIS CASE,
04:57:33 BUT NOW THERE'S BEEN AN OFFER FROM THE OTHER SIDE.
04:57:38 DO YOU HAVE A RECOMMENDATION THAT THE CITY ADMINISTRATION
04:57:43 WOULD RECOMMEND THAT WE SETTLE THIS MATTER PURSUANT TO
04:57:48 THE AGREEMENT, AND THEN MY QUESTION WOULD BE, AND THIS
04:57:53 MIGHT BE MORE FOR COUNCIL THAN FOR YOU, IS A MONDAY,
04:57:57 TUESDAY, WEDNESDAY, A BIG ENOUGH SLAP ON THE WRIST WHEN
04:58:02 WE ALL KNOW THAT IT MIGHT BE THE SLOWEST DAYS OF THE
04:58:06 WEEK?
04:58:07 THAT'S PROBABLY MORE OF A COUNCIL QUESTION. ANYWAY,
04:58:10 CATE, I GUESS MY QUESTION TO YOU IS, THE PROSECUTION, YOU
04:58:17 GUYS AGREE TO THIS RECOMMENDATION?
04:58:19 >>CATE WELLS: YES.
04:58:20 IN FACT, WE HAD APPROACHED MR. LIROT WITH THE RESULT OF
04:58:23 THE PRIOR CASE, AND DISCUSSED IF HIS CLIENT WAS WILLING
04:58:29 TO STIPULATE OH IT RECORD TO A VIOLATION OF CHAPTER 27,
04:58:32 AND WE WERE THE ONES WHO RECOMMENDED THE SAME SUSPENSION
04:58:36 PERIOD GIVEN THAT THAT WAS COUNCIL'S ACTION IN THE PRIOR
04:58:38 CASE.
04:58:39 >>JOHN DINGFELDER: HOW ABOUT THE MONDAY, TUESDAY,
04:58:42 WEDNESDAY, VERSUS THURSDAY, FRIDAY, SATURDAY?
04:58:46 >>CATE WELLS: THAT IS ACCEPTABLE TO THE CITY BASED ON
04:58:47 THE FACT THAT IT'S A SMALLER ESTABLISHMENT AND THEY
04:58:49 CONFIRMED THAT THEY ARE OPEN SEVEN DAYS A WEEK SO THAT IS
04:58:52 ACCEPTABLE TO THE CITY.
04:58:52 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
04:58:57 THANK YOU, CATE.
04:58:57 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
04:58:58 HAVING SAID THAT, MR. LIROT, DO YOU HAVE ANYTHING TO ADD
04:59:01 AT THIS TIME?
04:59:02 >>LUKE LIROT: NOTHING OTHER THAN REQUESTING THAT COUNCIL
04:59:04 CONFIRM OUR STIPULATION.
04:59:06 >>GUIDO MANISCALCO: VERY GOOD.
04:59:07 HAVING HEARD THE TESTIMONY AND THE DISCUSSION HAD, AND
04:59:11 THE COMMENTS BY MR. LIROT, IS THERE A MOTION ON THE
04:59:14 FLOOR, OR WOULD ANYBODY LIKE TO MAKE A MOTION IN REGARDS
04:59:17 TO THIS SETTLEMENT OR AGREEMENT?
04:59:22 >>MARTIN SHELBY: WE CAN CLOSE THE PUBLIC HEARING.
04:59:23 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN VIERA.
04:59:26 SECOND FROM COUNCILMAN CITRO.
04:59:27 ALL IN FAVOR?
04:59:28 WHO WISHES TO MAKE THE MOTION?
04:59:30 >>MARTIN SHELBY: UNLESS MS. VELEZ ARTICULATED, I BELIEVE
04:59:38 THE MOTION WOULD BE TO ACCEPT THE SETTLEMENT AS
04:59:41 STIPULATED.
04:59:42 THE ADMISSION -- DO YOU WANT IN THE TWO PARTS?
04:59:45 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
04:59:48 WHAT I WOULD SUGGEST COUNCIL IS THAT YOU ACCEPT THE
04:59:50 STIPULATION OF THE DEFENDANT AND BASED UPON THAT FIND
04:59:54 THAT THERE IS A VIOLATION OF 27-318 C-1-F, AND THEN
05:00:02 IMPOSE THE PENALTY AS STIPULATED BY MR. LIROT.
05:00:07 >>BILL CARLSON: I'LL MOVE THAT WE ACCEPT THE ADMISSION
05:00:12 BY THE DEFENDANT.
05:00:14 IS THAT RIGHT?
05:00:16 DO I HAVE TO ADD ALL THE OTHER PARTS IN THE FIRST MOTION?
05:00:19 >>SUSAN JOHNSON-VELEZ: THE ADMISSION OF A VIOLATION AND
05:00:24 FIND THERE IS A VIOLATION OF SECTION 27-318 C-1-F OF YOUR
05:00:29 CODE.
05:00:32 >>BILL CARLSON: I WOULD LIKE TO MOVE THAT PLEASE.
05:00:33 >>GUIDO MANISCALCO: SECOND BY COUNCILMAN MIRANDA.
05:00:35 ROLL CALL VOTE.
05:00:36 >>LUIS VIERA: YES.
05:00:40 >>JOHN DINGFELDER: YES.
05:00:42 >>GUIDO MANISCALCO: NO.
05:00:47 >>BILL CARLSON: YES.
05:00:48 >>JOSEPH CITRO: YES.
05:00:56 >>CHARLIE MIRANDA: YES, YES.
05:00:58 >>THE CLERK: MOTION CARRIED WITH COUNCILMEMBER GUDES
05:01:00 BEING ABSENT AND COUNCILMEMBER MANISCALCO VOTING NO.
05:01:03 >>GUIDO MANISCALCO: OKAY.
05:01:06 THANK YOU VERY MUCH.
05:01:07 THAT CONCLUDES --
05:01:10 >>SUSAN JOHNSON-VELEZ: I'M SORRY, SIR.
05:01:11 THE SECOND PART WOULD BE TO ACCEPT THE STIPULATED PENALTY
05:01:15 OF THE THREE DAY SUSPENSION ON MONDAY, TUESDAY AND
05:01:18 WEDNESDAY OF NEXT WEEK.
05:01:19 >>JOSEPH CITRO: SO MOVED TO THAT EFFECT, PLEASE.
05:01:24 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN MIRANDA.
05:01:26 ROLL CALL VOTE.
05:01:27 >>LUIS VIERA: YES.
05:01:33 >>JOHN DINGFELDER: YES.
05:01:36 >>GUIDO MANISCALCO: NO.
05:01:38 >>BILL CARLSON: YES.
05:01:40 >>JOSEPH CITRO: YES.
05:01:43 >>CHARLIE MIRANDA: YES.
05:01:44 >>THE CLERK: MOTION CARRIED WITH COUNCILMEMBER GUDES
05:01:47 BEING ABSENT, COUNCILMEMBER MANISCALCO VOTING NO.
05:01:50 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:01:57 >>LUKE LIROT: I'M INCREDIBLY GRATEFUL FOR THE PRIVILEGE
05:01:59 AND OPPORTUNITY TO PRESENT THOSE CASES BEFORE YOU TODAY.
05:02:02 I DO HAVE ONE BRIEF POINT OF ORDER.
05:02:05 I HAVE A CASE SCHEDULED BEFORE YOU FOR CARLO BAY PRANA ON
05:02:11 MONDAY THE 22ND, AND THERE APPEARS TO BE A SECOND HEARING
05:02:14 ON MARCH 4th FOR THE PROPERTY OWNER AND ALL THE
05:02:20 DOCUMENTS LOOK TO BE IDENTICAL.
05:02:21 I WAS GOING TO SEE IF IT WAS PERHAPS POSSIBLE FOR ME TO
05:02:25 REQUEST THAT THOSE HEARINGS BE CONSOLIDATED FOR THE MARCH
05:02:29 4th DATE RATHER THAN HEAR THE EXACT SAME TESTIMONY
05:02:32 AND EVIDENCE FOR TWO DIFFERENT ENTITIES, AND I WAS GOING
05:02:34 TO SPEAK WITH THE ASSISTANT CITY ATTORNEY ABOUT THAT,
05:02:37 BUT --
05:02:40 >>> MS. JOHNSON-VELEZ.
05:02:41 >>SUSAN JOHNSON-VELEZ: ASSISTANT CITY ATTORNEY.
05:02:44 I THINK MR. LIROT'S REQUEST TO BE APPROPRIATE TO COME
05:02:48 BEFORE YOU ON MONDAY WHEN THAT ITEM IS ON THE AGENDA.
05:02:53 >>GUIDO MANISCALCO: SO WE HAVE A SPECIAL CALLED MEETING
05:02:54 ON MONDAY IF YOU COME IN AND MAKE YOUR REQUEST THEN, SO
05:02:57 WE HAVE THAT SPECIFIC HEARING OPEN.
05:03:04 >>LUKE LIROT: AS YOU WISH.
05:03:05 THANK YOU VERY MUCH.
05:03:05 >>GUIDO MANISCALCO: WE'LL SEE YOU MONDAY, SIR.
05:03:10 AND MY APOLOGIES FOR THIS FINAL ITEM, NUMBER 66.
05:03:13 THESE CASES ARE NEW.
05:03:15 AND THESE ARE SOME OF THE FIRST ONES THAT WE ARE HEARING.
05:03:20 WE WILL GO ON WITH ITEM NUMBER 66.
05:03:22 I SEE MR. ERIC COTTON.
05:03:24 I BELIEVE HE WILL BE PRESENTING FIRST, SIR.
05:03:27 AND IF YOU RAISE YOUR RIGHT HAND, WE WILL SWEAR YOU IN.
05:03:29 >>THE CLERK: DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU
05:03:35 ARE ABOUT TO GIVE IS THE TRUTH AND THE WHOLE TRUTH?
05:03:39 >> YES, MA'AM.
05:03:40 >>MARTIN SHELBY: MARTIN SHELBY.
05:03:45 IS THE APPLICANT ONLINE?
05:03:48 >>GUIDO MANISCALCO: THE APPLICANT IS IN PERSON ON THE
05:03:50 SECOND FLOOR.
05:03:51 >>MARTIN SHELBY: I WANT TO MAKE SURE THAT THE APPLICANT
05:03:53 IS ABLE TO OBSERVE WHAT IS HAPPENING.
05:03:55 >>GUIDO MANISCALCO: AND I KNOW SHE'S BEEN WAITING VERY,
05:04:00 VERY PATIENTLY AND WE APOLOGIZE.
05:04:06 >>SUSAN JOHNSON-VELEZ: IF I MAY MAKE A FEW COMMENTS.
05:04:10 COUNCIL, THIS IS A REVIEW HEARING FOR AN SU-1 SPECIAL USE
05:04:14 PERMIT PURSUANT TO LAND DEVELOPMENT CODE SECTION 27-61
05:04:18 B-3.
05:04:19 AN SU 3 SPECIAL USE PERMIT IS ONE THAT HAS ALREADY BEEN
05:04:22 DETERMINED TO BE AN ALLOWED USE IF IT MEETS THE CODE
05:04:25 CRITERIA FOR THAT SPECIFIC USE.
05:04:27 FOUND IN SECTION 27-132, IN THIS CASE FOR AN ACCESSORY
05:04:32 DWELLING UNIT, AS WELL AS THE GENERAL STANDARDS THAT
05:04:34 APPLY TO ALL SPECIAL USES THAT ARE FOUND IN SECTION
05:04:36 27-129.
05:04:39 YOU CAN FIND THE SPECIFIC CRITERIA AT PAGE 1 OF THE STAFF
05:04:41 REPORT AND THAN THE GENERAL STANDARDS AT PAGE 2 OF THE
05:04:44 STAFF REPORT.
05:04:45 THIS APPLICATION DOES NOT MEET THE CODE CRITERIA SO THE
05:04:49 PETITIONER IS HERE TO REQUEST A WAIVER FROM COUNCIL,
05:04:51 WHICH STAFF COULD NOT APPROVE BECAUSE STAFF CANNOT GRANT
05:04:54 WAIVERS.
05:04:55 THE PETITIONER HAS THE BURDEN TO PROVE THAT SHE MEETS THE
05:04:58 CRITERIA FOR THE WAIVER, AND COUNCIL SHOULD GRANT WAIVERS
05:05:01 IF YOU FIND THAT THE APPLICATION AFTER GRANTING THE
05:05:04 WAIVER IS CONSISTENT WITH THE APPLICABLE GENERAL
05:05:07 STANDARDS SET FORTH IN THE CODE.
05:05:10 THIS REVIEW HEARING IS DE NOVO WHICH MEANS YOU ARE NOT
05:05:13 LIMITED IN YOUR REVIEW TO THE INFORMATION DOCUMENTATION
05:05:15 OR EVIDENCE UPON WHICH STAFF BASED ITS DECISION.
05:05:18 HOWEVER YOU MUST APPLY THE CRITERIA IN THE CODE TO THE
05:05:21 EVIDENCE PRESENTED.
05:05:22 SO I WILL NOW TURN IT OVER TO MR. COTTON.
05:05:24 THANK YOU.
05:05:27 >>ERIC COTTON: MAY I SHARE MY SCREEN, PLEASE?
05:05:30 FOR THE PowerPoint.
05:05:31 >>GUIDO MANISCALCO: A BIG PowerPoint?
05:05:38 >>ERIC COTTON: A QUICK PowerPoint.
05:05:39 >>MARTIN SHELBY: CAN I HAVE SOME SORT OF CONFIRMATION
05:05:44 THAT THE PETITIONER IS ABLE TO OBSERVE THIS HEARING AND
05:05:47 THE EVIDENCE THAT IS BEING PRESENTED?
05:05:50 >>GUIDO MANISCALCO: I BELIEVE SO.
05:05:51 I KNOW MY LEGISLATIVE AIDE WAS IN COMMUNICATION WITH HER
05:05:53 IN PERSON ON THE SECOND FLOOR.
05:05:55 >>THE CLERK: I DON'T SEE HER AT THE KIOSK.
05:06:00 >>GUIDO MANISCALCO: IF WE COULD HAVE THE PETITIONER COME
05:06:02 TO THE KIOSK JUST TO CONFIRM THAT YOU CAN SEE EVERYTHING.
05:06:05 >> I AM AT THE KIOSK NOW.
05:06:08 YES.
05:06:09 I CAN HEAR AND SEE EVERYTHING.
05:06:11 >>GUIDO MANISCALCO: WE'LL SWEAR YOU IN ONCE HE FINISHES
05:06:13 THE PRESENTATION AND WE GET TO YOU.
05:06:16 THANK YOU VERY MUCH.
05:06:17 GO AHEAD, SIR.
05:06:21 >>ERIC COTTON: MS. JOHNSON-VELEZ INDICATED THIS IS A
05:06:23 REVIEW FOR SU-1-20-28 FOR AN ACCESSORY DWELLING UNIT IN
05:06:29 SEMINOLE HEIGHTS, 1421 EAST CRAWFORD, AND THE APPLICANT
05:06:34 OR THE PETITIONER IS JANICE WATKINS.
05:06:37 AS WAS A LAUDED TO, THE APPLICANT IS ASKING FOR ACCESSORY
05:06:41 DWELLING UNIT UP TO 505 SQUARE FEET.
05:06:49 WHETHER THERE'S A PROVISION IN THE CODE THAT SAYS YOU
05:06:50 CANNOT PUT IN ACCESSORY DWELLING UNIT IN A STRUCTURE THAT
05:06:54 IS CONSIDERED TO BE NONCONFORMING AND MADE CONFORMING AS
05:06:57 A RESULT OF A VARIANCE.
05:06:59 THE EXISTING STRUCTURE THAT SHE WISHES TO USE IS .39 FEET
05:07:02 FROM THE SIDE PROPERTY LINE SO AS A RESULT STAFF DENIED
05:07:06 THE REQUEST.
05:07:08 YOU SEE ON THE SITE PLAN WAS HIGHLIGHTED IN YELLOW, IS
05:07:11 THE SIDE YARD.
05:07:12 IT IS AN EXISTING STRUCTURE.
05:07:16 IN THE PHOTO, IT'S VERY CLOSE TO THE RIGHT PROPERTY LINE.
05:07:24 AN AERIAL MAP OF THE PROPERTY.
05:07:26 THIS IS SEMINOLE HEIGHTS ON THE SOUTH SIDE OF CRAWFORD.
05:07:29 AND THIS IS THE FRONT OF THE STRUCTURE.
05:07:31 THIS IS THE SUBJECT PROPERTY IN QUESTION.
05:07:33 AND I APOLOGIZE FOR IT BEING BLURR, BUT IT HERE IS THE
05:07:40 ACCESSORY STRUCTURE IN QUESTION, AGAIN THIS IS .39 FEET
05:07:43 FROM THE SIDE PROPERTY LINE.
05:07:46 AND THAT'S MY PRESENTATION.
05:07:48 IF COUNCIL HAS ANY QUESTIONS I WILL BE HAPPY TO ANSWER
05:07:50 THEM FOR YOU.
05:07:51 >>GUIDO MANISCALCO: COUNCILMAN CITRO, YES, SIR, AND
05:07:54 COUNCILMAN DINGFELDER.
05:07:55 >>JOSEPH CITRO: MR. COTTON, WHEN WAS THIS BUILT, DO YOU
05:07:59 KNOW?
05:08:01 >>ERIC COTTON: THE ACCESSORY STRUCTURE?
05:08:02 I BELIEVE IT WAS BUILT IN THE 50s BUT I'M SURE THE
05:08:05 APPLICANT CAN CLARIFY THAT DATE.
05:08:06 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
05:08:09 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
05:08:10 >>JOHN DINGFELDER: I'M SORRY, ERIC, IT'S BEEN A LONG DAY
05:08:14 AND I GOT A LITTLE CONFUSED.
05:08:16 SO WHAT IS THE DESIRE OF THE -- OKAY, GOOD.
05:08:24 WHAT'S THE DESIRE OF THE -- DO THEY HAVE AN EXISTING
05:08:28 ACCESSORY STRUCTURE AND THEY WANT TO DO WHAT TO IT?
05:08:32 >>ERIC COTTON: THEY WANT TO MAKE IT INTO AN ACCESSORY
05:08:35 DWELLING UNIT.
05:08:35 IN SEMINOLE HEIGHTS YOU HAVE TO HAVE A SPECIAL USE AND
05:08:39 THEY CAN BE RENTED OUT -- AND THIS ACTUALLY COULD BE A
05:08:44 RENTAL PROPERTY.
05:08:45 >>JOHN DINGFELDER: BUT THE PROBLEM IS THAT IT'S TOO
05:08:48 CLOSE TO THE PROPERTY LINE SO IT'S NONCONFORM, AND
05:08:51 THEREFORE YOU CAN'T ALLOW IT?
05:08:54 >>ERIC COTTON: CORRECT.
05:08:55 >>JOHN DINGFELDER: ARE THEY ADDING ONTO -- ARE THEY
05:08:58 PROPOSED ADDING ONTO THE EXISTING ACCESSORY STRUCTURE OR
05:09:02 JUST LEAVING IT AND CHANGING THE VIEW?
05:09:06 >>ERIC COTTON: MY UNDERSTANDING LEAVING IT THE WAY IT IS
05:09:08 AND REMODELING THE SIDE AND KITCHEN.
05:09:14 >>JOHN DINGFELDER: OTHERWISE, A RENTAL PROPERTY LIKE
05:09:17 THAT IS OTHERWISE ALLOWED IN THAT NEIGHBORHOOD?
05:09:21 >>ERIC COTTON: YES, SIR.
05:09:22 WITH APPROVAL.
05:09:23 >>JOHN DINGFELDER: THANK YOU, MR. CHAIR.
05:09:26 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:09:27 ANYBODY ELSE?
05:09:28 OKAY.
05:09:29 AND IF YOU HAVE ANYTHING ELSE, SIR, WE WILL GO TO THE
05:09:32 PETITIONER.
05:09:33 YES?
05:09:33 >> I'M GOOD.
05:09:36 >>GUIDO MANISCALCO: THE PETITIONER, WOULD YOU APPROACH
05:09:41 THE KIOSK, RAISE YOUR RIGHT HAND AND WE'LL SWEAR YOU IN.
05:09:43 >>THE CLERK: DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY
05:09:46 YOU ARE GOING TO GIVE IS THE TRUTH, THE WHOLLY TRUTH AND
05:09:49 NOTHING BUT THE TRUTH?
05:09:50 >> YES.
05:09:51 >>GUIDO MANISCALCO: GO AHEAD.
05:09:52 YOU MAY PRESENT YOUR CASE.
05:09:53 >> GOOD AFTERNOON OR EVENING AT THIS POINT, COUNCILMEN.
05:09:59 DO YOU MIND IF I USE THE ELMO?
05:10:01 THAT TURNS ON AUTOMATICALLY.
05:10:02 >>GUIDO MANISCALCO: YES.
05:10:03 WE CAN SEE IT.
05:10:04 GO AHEAD.
05:10:04 >> AS STAFF APTLY EXPLAINED, THIS IS THE HOUSE WITH THE
05:10:10 AN ACCESSORY STRUCTURE IN THE SEMINOLE HEIGHTS DISTRICT.
05:10:12 THE APPLICANT JANICE WATKINS, SHE LIVES IN THE MAIN
05:10:16 STRUCTURE.
05:10:16 SO IT'S HER HOME AND THE ACCESSORY STRUCTURE IS IN HER
05:10:22 BACKYARD AND THE PROPOSED RENTAL UNIT.
05:10:26 CITY COUNCIL HAS BEEN SO SUPPORTIVE OF THE REBIRTH OF
05:10:28 SEMINOLE HEIGHTS AND THE RENAISSANCE IT IS GOING THROUGH
05:10:32 AND A LARGE PART OF THE FABRIC OF SEMINOLE HEIGHTS
05:10:35 DISTRICT HAS BEEN THE REHABILITATION OF THE HOMES IN THE
05:10:37 DISTRICT, AND THESE HISTORIC BACK YARDS BUNGALOWS THAT SO
05:10:40 MANY OF THE HOMES HAVE.
05:10:42 SO I THINK THE WAIVER WE ARE ASKING THAT WE'LL GO INTO A
05:10:46 LITTLE MORE IN MY PRESENTATION LATER IS TOTALLY
05:10:48 CONSISTENT WITH THE PATTERN AND THE CONDUCT OF THE
05:10:51 NEIGHBORHOOD BECAUSE A LOT OF PEOPLE DO RENT OUT THESE
05:10:53 LITTLE BUNGALOWS IN THEIR BACKYARD.
05:10:55 THE PICTURES THAT MR. COTTON SHOWED, I AM GOING TO SHOW
05:10:58 YOU SOME PICTURES OF THE HOME NOW, THE APPLICANT HAS DONE
05:11:00 AN AMAZING JOB OF REHABILITATING IT THE WAY THE PEOPLE IN
05:11:03 SEMINOLE HIGHLIGHTS DO.
05:11:05 MS. WATKINS BOUGHT THE HOME ON THE PROPERTY WITH THE
05:11:08 EXPECTATION THAT SHE COULD RENT THIS UNIT.
05:11:10 SHE IS A DISABLED PERSON.
05:11:11 SHE CANNOT WORK.
05:11:13 AND SO SHE HAS STAKED HER LIVELIHOOD ON THE ABILITY TO
05:11:17 GET RENTAL INCOME FROM THE PROPERTY THAT SHE ALSO CAN
05:11:20 LIVE ON.
05:11:21 AND SHE KNEW THAT THE ACCESSORY STRUCTURE WAS RENTED OUT
05:11:24 BY THE PRIMARY OWNER TO ARE YEARS, IN FACT ONE.
05:11:26 NEXT DOOR NEIGHBORS USED TO HAVE A FRIEND WHO WAS A
05:11:28 TENANT, AND SO AS MANY PEOPLE DO, ASSUMED THAT THAT WAS
05:11:32 SOMETHING SHE COULD KEEP DOING THAT THE PRIOR OWNER HAS
05:11:36 BEEN DOING.
05:11:37 SHE EVEN REFINANCED HER HOME TO GET THE MONEY TO MAKE THE
05:11:40 IMPROVEMENTS TO THE ACCESSORY STRUCTURE, AND SO SHE CAN'T
05:11:44 RENT IT, SHE RISKS THE ABILITY TO PAY HER MORTGAGE AT
05:11:47 THIS POINT.
05:11:51 YOU JUST SAW THIS.
05:11:53 AS YOU CAN SEE IT IS VERY CLOSE TO THE BOUNDARY LINE.
05:11:55 THE FENCE IS OWN HER SIDE OF THE PROPERTY.
05:11:59 AND IT'S ABOUT FIVE INCHES AT THE CLOSEST POINT AND 8
05:12:04 INCHES AT THE FARTHEST POINT AWAY FROM THE BOUNDARY.
05:12:10 AGAIN TO REITERATE THE CODE, WE MEET ALL THE OTHER
05:12:12 CRITERIA EXCEPT FOR THE TECHNICAL SETBACK REQUIREMENT
05:12:16 BECAUSE THE SETBACK IN SEMINOLE HEIGHTS FOR ASIDE YARD OF
05:12:19 AN ACCESSORY STRUCTURE IS 3 FEET.
05:12:22 ALTHOUGH AS YOU WILL SEE THROUGHOUT THE DISTRICT, THAT IS
05:12:25 TYPICALLY NOT OBSERVED, AND I HAVE SOME PHOTOS THAT IT'S
05:12:28 VERY COMMON FOR THESE STRUCTURES TO BE RIGHT UP AGAINST
05:12:30 THE SIDE.
05:12:32 AS A GENERAL NOTE, THE ACCESSORY DWELLING UNITS ARE
05:12:35 COMMON THROUGHOUT THE DISTRICT.
05:12:36 IN FACT I BELIEVE MR. COTTON IS SPEAKING AT THIS WORKSHOP
05:12:39 NEXT WEEK SHOWING SEMINOLE HEIGHTS RESIDENTS HOW THEY TOO
05:12:42 CAN HAVE AN ACCESSORY DWELLING UNITS ON THEIR PROPERTY.
05:12:46 AND THIS IS A DISTINCT CONCEPT FROM A MOTHER-IN-LAW SUITE
05:12:50 OR EXTENDED FAMILY RESIDENCE WHICH AS I AM SURE YOU HAVE
05:12:52 SEEN BEFORE IS A SEPARATE SPECIAL PERMIT, DIFFERENT
05:12:55 RULES.
05:12:56 SO THIS IS A UNIT THAT'S MEANT TO BE RENTED.
05:12:59 THAT'S WHAT THAT PARTICULAR SPECIAL USE THAT WE ARE
05:13:01 ASKING FOR IS.
05:13:04 HERE ARE JUST SOME AERIALS FROM GOOGLE MAP.
05:13:08 OF COURSE, THERE'S A LOT OF HOMES IN SEMINOLE HEIGHTS,
05:13:10 BUT I THOUGHT THESE WERE PARTICULARLY GREAT BECAUSE THEY
05:13:12 ARE GROUPINGS OF HOMES THAT HAVE THESE ACCESSORY
05:13:15 STRUCTURES IN THE BACKYARD.
05:13:16 I DON'T THINK WE NEED A SURVEY TO SHOW THAT THESE
05:13:19 ACCESSORY STRUCTURES ARE RIGHT ON THE BOUNDARY LINE.
05:13:22 WHETHER THESE ARE RENTALS OR NOT, THEY ARE STILL SHOWING
05:13:25 A PATTERN OF ACCESSORY STRUCTURES IN THE SEMINOLE HEIGHTS
05:13:30 DISTRICT THAT DO NOT COMPLY WITH THE 3-FOOT SETBACKS.
05:13:38 AS A SIDE NOTE KIND OF, AND I KNOW OF COURSE THE USES
05:13:41 THAT THE PROPERTY APPRAISER HAS ON THEIR SITE, ALL THESE
05:13:44 ACTUALLY LINE UP WITH THE ACTUAL ZONING ON THE SITE BUT
05:13:46 FROM A TAXATION PERSPECTIVE, THE PROPERTY APPRAISER
05:13:49 CONSIDERS THE ACCESSORY STRUCTURE TO BE A SINGLE FAMILY
05:13:53 DWELLING.
05:13:54 AS YOU CAN SEE IT WAS BUILT IN 1959 AND THE MAIN HOME WAS
05:13:57 BUILT IN 1940.
05:13:58 SO JANICE IS PAYING TAXES ON THE ACCESSORY STRUCTURE AS
05:14:02 THOUGH IT WERE A DWELLING, AND AS YOU CAN SEE, A SNIPPET
05:14:05 FROM THE TRIPLE NOTICE, TWO HOMES AND THEN DISABILITY
05:14:09 EXEMPTION.
05:14:09 SO SHE IS BEING TAXED AS THOUGH SHE HAS TWO DWELLINGS,
05:14:14 AND ALSO SHE'S PAYING HER INSURANCE PREMIUM ON THE
05:14:19 ACCESSORY STRUCTURE AS A SEPARATE UNIT AS WELL SO SHE'S
05:14:22 PAYING FOR IT BUT SHE'S NOT CURRENTLY FROM A ZONING
05:14:25 PERSPECTIVE ABLE TO HAVE IT AS A DWELLING.
05:14:28 HERE ARE SOME PHOTOS.
05:14:30 I APOLOGIZE IF THEY ARE A BIT DIM.
05:14:32 BUT THIS IS LOOKING AT THE ACCESSORY STRUCTURE FROM HER
05:14:35 BACK PORCH.
05:14:36 SHE CONSTRUCTED A FENCE TO GIVE THE RENTER MORE PRIVACY,
05:14:40 AND GIVE HERSELF MORE PRIVACY.
05:14:42 AS YOU CAN SEE, SHE REALLY FIXED IT UP.
05:14:45 THIS IS A VIEW OF HER HOUSE FROM THE FRONT DOOR OF THE
05:14:47 ACCESSORY STRUCTURE.
05:14:48 SO IT'S REALLY WELL KEPT.
05:14:50 IT'S EXACTLY THE KIND OF THING WHERE SHE TURNED IT INTO
05:14:53 ONE OF THESE REALLY CUTE SEMINOLE HEIGHTS HOMES AND A
05:14:55 REALLY NICE BUNGALOW IN THE BACKYARD.
05:14:59 HERE ARE SOME MORE PHOTOS.
05:15:00 YOU CAN SEE THIS TWO-STORY ACCESSORY STRUCTURE BELONGING
05:15:04 TO THE NEIGHBOR, THE BACKYARD.
05:15:06 FROM THE AERIALS, YOU CAN KIND OF SEE THAT THE ACTUAL
05:15:09 DISTANCE FOR HER STRUCTURE WOULD BE SOMEWHERE IN THESE
05:15:12 TREES.
05:15:15 DISTANCE BETWEEN HER HOUSE AND THE STRUCTURES, I MEASURED
05:15:18 IT ON GOOGLE EARTH AND IT'S AT LEAST 20 FEET.
05:15:21 PRETTY TUCKED BACK UNDER THE TREES.
05:15:27 HERE ARE SOME AERIALS KIND OF SHOWING HOW THE SITE IS
05:15:30 LAID OUT.
05:15:30 ACCESSORY STRUCTURES BACK HERE.
05:15:32 AGAIN YOU CAN SEE IT PRETTY WELL BUFFERED FROM THE
05:15:34 RIGHT-OF-WAY.
05:15:36 ONE POINT I WANT TO BRING UP IS THE PARKING.
05:15:38 YOU CAN SEE FROM HERE WE HAVE A COUPLE OF SPACES WHICH IS
05:15:40 WHAT IS REQUIRED FOR THE SINGLE-FAMILY HOME.
05:15:42 BUT WHAT WE ARE ALSO PROPOSING TO DO IN CONNECTION WITH
05:15:45 AGAIN THE STRUCTURE ITSELF IS NOT GOING TO CHANGE, BUT
05:15:48 THIS IS REQUIRED BY THE CODE TO HAVE 3 PARKING SPACES.
05:15:55 JANICE WATKINS IS GOING TO EXTEND THE WIDTH OF THE
05:15:57 DRIVEWAY SO SHE CAN HAVE THREE PARKING SPACES AS REQUIRED
05:16:00 BY CODE.
05:16:01 SO THAT ALLEVIATES POTENTIAL FOR RESIDENTS A RENTAL
05:16:04 PROPERTY FROM PARKING ON THE STREET WHICH OF COURSE COULD
05:16:06 BE A PROBLEM FOR THE NEIGHBORS, SO HAVING ADEQUATE
05:16:08 PARKING IS VERY IMPORTANT, AND SOMETHING THAT SHE'S
05:16:10 WANTED TO DO FOR A LONG TIME.
05:16:12 ACTUALLY, TANGENTIAL, SHE COULDN'T DO IT BECAUSE OF OAK
05:16:15 TREE AND NOW IT'S GONE.
05:16:17 SO SHE CAN DO THIS NOW AND SHE WILL.
05:16:21 WE DID RECEIVE SOME LETTERS OF SUPPORT FROM SURROUNDING
05:16:23 NEIGHBORS WHO ARE CLOSE.
05:16:26 THIS IS THE NEXT DOOR NEIGHBOR TO THE EAST TO LO SHARES
05:16:28 THE EAST BOUNDARY LINE WITH HER.
05:16:31 THIS IS A NEIGHBOR ADJACENT TO THE SOUTH AND THIS IS A
05:16:33 NEIGHBOR DIRECTLY ACROSS THE STREET, SO THEY FACE EACH
05:16:35 OTHER ACROSS TO THE NORTH AND THIS IS THE NEIGHBOR ONE
05:16:39 BLOCK TO THE SOUTH.
05:16:42 SO IN SUM, WE ARE ASKING FOR A MINIMAL WAIVER, IT'S GOING
05:16:47 TO BE A DIFFERENCE OF LESS THAN THREE FEET TO AN EXISTING
05:16:49 STRUCTURE, FINDING THE STRUCTURE IS NOTE GOING TO CHANGE.
05:16:52 ALL THE OTHER CRITERIA OF THE SPECIAL USE PERMIT ON THAT,
05:16:56 THIS IS THE ONLY ONE.
05:16:58 WE ARE GOING TO BE APPROVING THE PARKING SITUATION WHICH
05:17:00 IS HUGE, OF COURSE, BECAUSE PARKING IS AN ISSUE.
05:17:05 THIS IS A PROPERTY THAT HAD A HISTORY OF A PRIOR OWNER
05:17:09 RENTING IT OUT AND WHETHER OR NOT THAT WAS PERMITTED BUT
05:17:11 THAT'S NOT GOING TO END WITH A RESULT IN THE WAY THE
05:17:14 PROPERTY HAS BEEN HISTORICALLY TREATED.
05:17:16 IT'S A COMMON AND ACCEPTED PRACTICE IN SEMINOLE HEIGHTS,
05:17:18 SO WHAT IS THE DIFFERENCE HERE?
05:17:20 JANICE IS GOING TO BE ABLE TO HAVE THE INCOME THAT SHE
05:17:22 NEEDS.
05:17:23 IT'S HER SOLE SOURCE OF INCOME.
05:17:25 WITHOUT THIS, SHE LOSES THAT INCOME THAT SHE STAKED
05:17:29 EVERYTHING ON, SHE LOSES THE ABILITY TO PAY HER MORTGAGE,
05:17:32 AND POTENTIALLY SHE COULD LOSE HER HOUSE.
05:17:34 SO WITH ALL THIS IN MIND WE RESPECTFULLY REQUEST THAT
05:17:37 COUNCIL PLEASE GRANT THIS WAIVER FOR JANICE.
05:17:39 THANK YOU.
05:17:39 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:17:42 DO WE HAVE ANY QUESTIONS FROM COUNCIL MEMBERS?
05:17:44 IF NOT WE'LL ASK FOR PUBLIC COMMENT.
05:17:47 DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK?
05:17:50 IS THERE ANYBODY DOWN ON THE SECOND FLOOR IN PERSON?
05:17:53 THAT WISHES TO SPEAK ON THIS ITEM?
05:17:58 LET'S JUST WAIT A MOMENT.
05:18:00 YES, WE SEE SOMEONE THERE.
05:18:02 >> THERE'S NO ONE HERE TO SPEAK.
05:18:06 >>GUIDO MANISCALCO: THERE'S NO ONE HERE.
05:18:07 ANY COMMENTS OR QUESTIONS BY COUNCIL BEFORE WE ASK FOR A
05:18:10 MOTION TO CLOSE?
05:18:10 I KNOW THIS IS VERY COMMON IN SEMINOLE HEIGHTS, THAT YOU
05:18:14 HAVE A STRUCTURE IN THE BACK, YOU KNOW, SECOND RESIDENCE,
05:18:18 OR A MOTHER-IN-LAW SUITE, HOWEVER YOU WANT TO CALL IT.
05:18:21 I KNOW QUITE A FEW PROPERTIES LIKE THIS THAT ARE
05:18:25 HISTORIC, AND BEFORE THE CODE, BEFORE A LOT OF THINGS
05:18:27 WERE WRITTEN, THESE STRUCTURES WERE BUILT.
05:18:30 HAVING SAID THAT, IS THERE A MOTION TO CLOSE?
05:18:33 MOTION TO CLOSE FROM COUNCILMAN CITRO.
05:18:35 SECOND FROM COUNCILMAN CARLSON.
05:18:37 ALL IN FAVOR?
05:18:43 WAIT.
05:18:45 >>JOHN DINGFELDER: JUST --
05:18:54 >>MARTIN SHELBY: I GUESS REOPEN BY UNANIMOUS CONSENT?
05:19:01 >>JOHN DINGFELDER: MOVE TO REOPEN.
05:19:03 >>GUIDO MANISCALCO: SECOND BY COUNCILMAN VIERA.
05:19:05 WE'LL.
05:19:07 >>CHARLIE MIRANDA: I'M SORRY, I WAS A LITTLE LATE, IS
05:19:12 THAT EVERYTHING IS DIFFERENT, AND AREAS FROM THE WEST
05:19:17 PART OF THE CITY AND THE EAST PART OF THE CITY, AND THIS
05:19:20 IS SOMETHING THAT IS A LOT DIFFERENT THAN WHAT I HAVE
05:19:21 SEEN THROUGHOUT THE CITY IN TAMPA.
05:19:24 THIS IS SOMEBODY WHO HAS THE LAND, THERE'S A BUILDING,
05:19:29 IT'S NOT ATTACHED, IT'S NOT PART OF A CARPORT MADE INTO A
05:19:35 16 BY 10 APARTMENT AND PEOPLE LIVE THERE, AND IT'S
05:19:39 UNBEARABLE CONDITIONS.
05:19:42 THIS IS SOMETHING THAT I CAN SUPPORT.
05:19:43 WHERE I LIVE AT, IT'S NOTHING DIFFERENT, IT'S JUST BARBED
05:19:49 WIRE, FIRST COME FIRST SERVED.
05:19:51 THANK YOU, MR. CHAIRMAN.
05:19:51 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:19:52 COUNCILMAN DINGFELDER?
05:19:53 >>JOHN DINGFELDER: YES.
05:19:56 THE ONLY THING I WAS GOING TO SAY JUST FOR THE RECORD AND
05:19:58 FOR ANYBODY WHO IS WATCHING, MR. SHELBY, MAYBE YOU CAN
05:20:02 HELP ME SAY IT, AS MUCH AS WE SYMPATHIZE WITH THE CLIENT
05:20:10 OR ANYBODY WHO IS IN DIFFICULT CIRCUMSTANCES, I HAVE BEEN
05:20:16 TOLD MANY TIMES AS A COUNCILMAN AND A VRB MEMBER AND MR.
05:20:21 CITRO HAS, TOO, THAT WE ARE NOT SUPPOSED TO MAKE OUR
05:20:24 DECISION BASED UPON THOSE TYPES OF ISSUES.
05:20:28 HELP ME OUT, MR. SHELBY.
05:20:30 >>MARTIN SHELBY: WELL SAID, COUNCILMAN DINGFELDER.
05:20:32 YOU ARE CORRECTED.
05:20:33 THIS IS SOMETHING THAT IS THE CODE, AND IT NEEDS TO BE
05:20:37 APPLIED.
05:20:39 BUT THE DECISION RUNS WITH THE LAND.
05:20:44 AM I NOT CORRECT, MR. COTTON?
05:20:47 >> IF I MAY FOR A MINUTE.
05:20:49 >>MARTIN SHELBY: I'M SORRY, CAN WE JUST CONFIRM WHAT WE
05:20:51 ARE DISCUSSING?
05:20:52 BECAUSE I WOULD RATHER HEAR THE STAFF SAY IT.
05:21:00 >>ERIC COTTON: AND NEEDS TO BE USED AS AN ACCESSORY
05:21:04 DWELLING UNIT, COUNTY EXPIRE.
05:21:07 WE HAVEN'T GOT IT IN THE SPECIFIC CODE BUT JUST TO
05:21:11 CONFIRM WHO IS LIVING THERE AND HOW IT'S CURRENTLY BEING
05:21:14 USED.
05:21:14 IF IT GOES VACANT, LET'S SAY MRS. WATKINS SELLS THE
05:21:17 PROPERTY AND THEY DON'T WANT TO RENT IT, THE SPECIAL USE
05:21:20 GOES AWAY.
05:21:21 THE ACCESSORY DWELLING UNIT WOULD GONE AWAY BUT THE
05:21:23 STRUCTURE ITSELF WOULD REMAIN.
05:21:25 >>MARTIN SHELBY: DOES ANYBODY HAVE ANY OTHER QUESTIONS
05:21:26 FOR MR. COTTON WITH REGARD TO THE TECHNICALITIES OF IT?
05:21:30 >>GUIDO MANISCALCO: NO.
05:21:32 I BELIEVE THE APPLICANT WAS GOING TO SPEAK.
05:21:34 >>MARTIN SHELBY: CERTAINLY WHEN IT COMES TO LAND USE
05:21:36 CASES, COUNCILMEMBER DINGFELDER, YOU ARE CORRECT, THE
05:21:41 ECONOMICS DOESN'T NECESSARILY ENTER INTO YOUR EQUATION OF
05:21:45 HOW YOU DECIDE WHAT NEEDS TO BE DECIDED.
05:21:47 >>JOHN DINGFELDER: THANK YOU, MR. SHELBY.
05:21:51 MA'AM, I AM NOT NECESSARILY SAYING ONE WAY OR THE OTHER,
05:21:54 BUT WE DON'T WANT PEOPLE COMING IN BASING THEIR CASES ON
05:22:01 THE PARTICULAR HARDSHIP OF A PERSON.
05:22:05 >> OF COURSE.
05:22:06 TO MR. SHELBY'S POINT, THIS IS KIND OF A FUNNY SITUATION
05:22:10 WHERE IT'S NOT A VARIANCE.
05:22:12 IT'S A WAIVER.
05:22:13 AND SO COUNCIL HAS THE DISCRETION REALLY TO GRANT IT OR
05:22:17 NOT, WHEREAS A VARIANCE IS AS MR. COTTON WAS SAYING,
05:22:22 SOMETHING THAT WOULD RUN WITH THE LAND.
05:22:23 BUT YES, I THINK ONE OF THE GREAT THINGS IN THE CASE
05:22:26 ABOUT A SPECIAL USE PERMIT IS THAT IF THERE IS AN ANNUAL
05:22:29 REVIEW, AND CITY STAFF IS ABLE TO MAKE SURE EVERY YEAR
05:22:34 THAT CONDITIONS HAVEN'T CHANGED, THAT SAY FOR EXAMPLE THE
05:22:37 PARKING GOT OUT OF CONTROL AND PARKING WAS NO LONGER
05:22:40 SATISFYING THE NEIGHBORHOOD, OR THERE WERE OTHER PROBLEMS
05:22:43 THAT HAD ARISEN, THERE IS A WAY TO -- IT'S KIND OF A BACK
05:22:48 STOP IN A WAY TO MONITOR.
05:22:49 SO IT'S NOT -- I KNOW A LOT OF PEOPLE WOULD MAYBE EXPRESS
05:22:54 CONCERNS ABOUT PARKING, AGAIN WE HAVE ALLEVIATED THAT.
05:22:57 FOR EXAMPLE, IF IT GOT OUT OF CONTROL, THE CITY WOULD BE
05:22:59 ABLE TO REASSESS THAT AND THERE WOULD BE A NEW PUBLIC
05:23:02 HEARING FOR IT.
05:23:03 SO I OF COURSE HAVE AN OBVIOUSLY TO TELL YOU, MY CLIENT'S
05:23:07 SITUATION, BUT COMPLETELY UNDERSTAND THAT'S NOT WHAT THE
05:23:09 DECISION IS BASED ON.
05:23:10 HOWEVER, WE DON'T SEE OUR REQUEST ISN'T MORE THAN A
05:23:13 MINIMAL KIND OF SETBACK THAT'S CONSISTENT WITH THE
05:23:17 PATTERN OF THE NEIGHBORHOOD, POSSIBLY A PROVED IN PART OF
05:23:21 THE NEIGHBORHOOD.
05:23:22 I THINK IN MY OPINION THE DECISION WOULD BE BASED ON.
05:23:25 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:23:30 IF THERE'S NOTHING ELSE --
05:23:32 >>JOSEPH CITRO: MOVE TO CLOSE.
05:23:33 >>GUIDO MANISCALCO: MOTION TO CLOSE BY COUNCILMAN CITRO.
05:23:35 SECOND BY COUNCILMAN CARLSON.
05:23:37 ALL IN FAVOR?
05:23:38 AYE.
05:23:38 ANY OPPOSED?
05:23:39 OKAY, WHAT IS THE PLEASURE OF COUNCIL, TO OVERTURN OR TO
05:23:44 UPHOLD THE DENIAL?
05:23:45 >>JOSEPH CITRO: MR. CHAIR, IF I MAY.
05:23:47 I MOVE TO OVERTURN THE ZONING ADMINISTRATOR'S DENIAL OF
05:23:52 SU-1-20-28 PETITIONER DEMONSTRATED THE PETITION STANDARDS
05:23:59 SET FORTH BY SECTION 27-132, AND THE COMPLIANCE OF
05:24:05 27-129, THE USE IS COMPATIBLE WITH THE CONTIGUOUS AND
05:24:13 SURROUNDING PROPERTY, AND USE SHALL NOT ESTABLISH A
05:24:18 PRECEDENT OR ENCOURAGE MORE INTENSIVE OR INCOMPATIBLE
05:24:22 USES IN THE SURROUNDING AREA.
05:24:24 THIS HAS BEEN THERE FOR PROBABLY OVER SIXTY YEARS AND HAS
05:24:28 FIT IN WITH THE NEIGHBORHOOD.
05:24:30 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
05:24:32 CITRO, A SECOND FROM COUNCILMAN VIERA.
05:24:35 ROLL CALL VOTE.
05:24:35 >>LUIS VIERA: YES.
05:24:44 >>JOHN DINGFELDER: YES.
05:24:47 >>GUIDO MANISCALCO: YES.
05:24:49 >>BILL CARLSON: YES.
05:24:50 >>JOSEPH CITRO: YES.
05:24:52 >>CHARLIE MIRANDA: YES.
05:24:55 >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH
05:24:56 COUNCILMEMBER GUDES BEING ABSENT.
05:24:57 >> THANK YOU.
05:25:02 >>GUIDO MANISCALCO: IT'S 5:25 AND WE HAVE CONCLUDED THIS
05:25:05 MORNING'S AGENDA.
05:25:10 MR. SHELBY?
05:25:11 >>MARTIN SHELBY: [OFF MICROPHONE] ... IF I CAN, AS YOU
05:25:20 KNOW, THE MACDINTON'S CASE HAS BEEN CONTINUED TO MARCH 8.
05:25:28 YOU HAVE THE PAPERS IN YOUR POSSESSION.
05:25:31 WE CAN COLLECT THEM TO MAKE SURE YOU HAVE THEM ON THAT
05:25:34 DATE.
05:25:34 OTHERWISE YOU ARE GOING TO HAVE TO BE RESPONSIBLE FOR
05:25:36 MAKING SURE.
05:25:36 >>GUIDO MANISCALCO: I'LL TAKE CARE OF MINE, PUT THEM IN
05:25:39 OF MY OFFICE.
05:25:39 I HAVE THEM RIGHT HERE READY TO GO.
05:25:41 >>MARTIN SHELBY: BUT THE THING IS, THEY CAN'T STAY
05:25:43 THERE.
05:25:43 >>GUIDO MANISCALCO: NO, I AM NOT TAKING THEM OUT.
05:25:46 >>MARTIN SHELBY: IS THERE ANYBODY WHO WANTS TO TURN THEM
05:25:48 IN OR ARE YOU ALL GOING TO BE ABLE TO HOLD ONTO THEM?
05:25:51 CERTAINLY MR. DINGFELDER AND MR. MIRANDA, THEY CAN DO
05:25:54 THAT.
05:25:54 BUT I JUST 2021 -- PARDON?
05:25:56 >>JOHN DINGFELDER: [OFF MICROPHONE]
05:26:00 >>MARTIN SHELBY: I JUST WANT TO MAKE SURE EVERYBODY HAS
05:26:03 ONE ON THE 8th.
05:26:04 THANK YOU.
05:26:04 >>GUIDO MANISCALCO: VERY GOOD.
05:26:08 LET'S GO TO NEW BUSINESS.
05:26:09 COUNCILMAN VIERA, DO YOU HAVE ANYTHING FOR NEW BUSINESS?
05:26:11 >>LUIS VIERA: YEAH, JUST SOMETHING REALLY QUICK, IF I
05:26:13 MAY.
05:26:14 AS A FOLLOW-UP ON A PRIOR MOTION I WOULD LIKE TO SET THE
05:26:17 DATE FOR A RESOLUTION IN SUPPORT OF SENATE BILL 36 AND
05:26:22 HOUSE BILL 557 WHICH IS LEGISLATION TO ELIMINATE DRIVER'S
05:26:26 LICENSE SUSPENSIONS FOR UNPAID FEES AND FINES, COME
05:26:29 BEFORE REGULAR COUNCIL ON MARCH 18th.
05:26:33 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
05:26:35 VIERA.
05:26:36 DO WE HAVE A SECOND? SECOND FROM CARLSON.
05:26:39 ALL IN FAVOR?
05:26:40 ALL RIGHT.
05:26:40 ANY OPPOSED?
05:26:42 THANK YOU VERY MUCH, SIR.
05:26:43 ANYTHING ELSE?
05:26:44 >>LUIS VIERA: YEAH, JUST REALLY QUICKLY, IF I MAY, ON
05:26:47 FEBRUARY 23rd, IT'S GOING TO BE AVAILABLE VIRTUALLY,
05:26:52 AND I DON'T KNOW HOW THEY ARE GOING TO BE HANDLING THE
05:26:54 LIVE PORTION OF IT, BUT HYDE PARK UNITED METHODIST, WE
05:26:59 ARE DOING A DIALOGUE WITH NUMEROUS MINISTERS ON RELIGIOUS
05:27:03 FAITH AND OUR EQUAL JUSTICE INITIATIVE, A MEMORIAL
05:27:09 PROJECT.
05:27:09 WE ARE GOING TO HAVE PASTOR GLEN DANES, A GENTLEMAN FROM
05:27:15 MUSLIMS FOR FAIRNESS AND DEMOCRACY, RABBI JASON
05:27:21 ROSENBERG, DEACON SCOTT PAINE WHO USED TO BE OUR DISTRICT
05:27:26 COUNCIL COUNCILMAN, MARTY REMEMBERS HIM, JUST A GREAT
05:27:30 GUY, AND PASTOR CHRISTOPHER HARRIS, AND OTHER
05:27:34 INDIVIDUALS, BUT OUR FRIEND AT HYDE PARK UNITED METHODIST
05:27:38 APPROACHED ME ON THIS AND THEY ARE HOSTING THIS AND I
05:27:41 WOULD ENCOURAGE EVERYBODY IF YOU CAN ATTEND VIRTUALLY OR
05:27:43 ANY OTHER WAY, MYSELF, REPRESENTATIVE DRISCOLL AND OTHERS
05:27:49 WILL BE HOSTING THAT AND WE LOOK FORWARD TO THAT.
05:27:51 THANK YOU SO MUCH.
05:27:52 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:27:53 COUNCILMAN CITRO, DO YOU HAVE ANYTHING, SIR?
05:27:55 >>JOSEPH CITRO: YES.
05:27:59 AGAIN, I WOULD LIKE TO SEND COUNCILMAN GUDES OUR
05:28:04 HEARTFELT CONDOLENCES IN THE PASSING OF HIS FATHER AND I
05:28:08 KNOW THAT HE WILL BE HAVING SOME SERVICES BOTH TOMORROW
05:28:11 AND GRAVE SIDE ON SATURDAY.
05:28:18 IT OF COURSE IS WITH A SAD HEART THAT HIS FATHER HAS
05:28:21 PASSED.
05:28:22 I AM GOING TO BE SAYING A COUPLE OF THINGS.
05:28:24 AND MARTY -- EXCUSE ME, MR. SHELBY, PLEASE, TELL ME IF I
05:28:28 GO OVERBOARD.
05:28:30 NUMBER ONE, I MADE A MOTION EARLIER TODAY, AND I FORGOT
05:28:34 TO INCLUDE THE BUILDERS TO BE IN THERE WITH TECO, WITH
05:28:39 CSX, MS. DUNCAN, MR. BHIDE AND LEGAL STAFF, AND I WOULD
05:28:44 LIKE TO INCLUDE THE BUILDERS TO BE ALONG WITH THAT.
05:28:47 NUMBER 2, LAST YEAR --
05:28:50 >>MARTIN SHELBY: COULD WE MAKE SURE THE CLERK IS AWARE
05:28:52 OF MAKING THAT NOTATION?
05:28:55 DO WE NEED UNANIMOUS ACTION BY UNANIMOUS CONSENT?
05:28:59 >>JOSEPH CITRO: THANK YOU VERY MUCH.
05:29:00 >>JOHN DINGFELDER: ON THE SIDEWALK.
05:29:04 >>MARTIN SHELBY: ON THE SIDEWALK ISSUE.
05:29:06 THAT'S CORRECT.
05:29:06 >>JOSEPH CITRO: THE ONLY MOTION I MADE TODAY SO FAR, AS
05:29:09 FAR AS THAT GOES.
05:29:12 LOST MY TRAIN OF THOUGHT.
05:29:13 OH, A YEAR AGO, THIS CITY COUNCIL HAD PASSED A MOTION TO
05:29:16 GIVE A COMMENDATION TO MR. ERNIE MUELLER WHO WAS
05:29:21 ASSISTANT CITY ATTORNEY FOR THE CITY OF TAMPA.
05:29:22 THAT WAS BACK IN APRIL BEFORE COVID.
05:29:24 WE HAVE YET TO GIVE IT TO HIM.
05:29:26 AND I AM HOPING THAT WE CAN ALL AGREE ON MARCH 18th
05:29:31 HE CAN RECEIVE IT, IF WE ARE STILL IN THIS SAME COVID
05:29:35 SITUATION THAT WE ARE, I WILL GO DOWN AND PERSONALLY HAND
05:29:37 IT TO HIM.
05:29:37 >>GUIDO MANISCALCO: WE HAVE A MOTION BY COUNCILMAN
05:29:41 CITRO.
05:29:42 SECOND BY COUNCILMAN VIERA.
05:29:44 ALL IN FAVOR?
05:29:46 >>JOSEPH CITRO: LASTLY, AND THIS IS JUST COMING FROM ME,
05:29:49 I AM NOT INCLUDING CITY COUNCIL ON THIS.
05:29:51 CITIZENS, THERE ARE SOME PEOPLE WHO SAY WE DON'T HAVE THE
05:29:55 WHEREWITHAL OR THE POWER TO PERSUADE ANY OTHER
05:30:01 GOVERNMENTS, MEANING STATE, BUT WE HAVE SEEN IT TODAY
05:30:10 WITH A MOTION OR ORDINANCE THAT WAS MADE THAT SOMEBODY
05:30:14 ALREADY WANTS TO WRITE PREEMPTION IN TALLAHASSEE.
05:30:20 CITIZENS, WE HAVE ALREADY SEEN OUR TREE ORDINANCE
05:30:24 PREEMPTED BY TALLAHASSEE.
05:30:26 WE HAVE SEEN OUR SHORT TERM RENTALS PREEMPTED BY
05:30:30 TALLAHASSEE.
05:30:31 CLEAN AIR, CLEAN WATER.
05:30:33 OUR COVID PROTECTIONS THAT WE HAVE PUT IN PLACE HAVE BEEN
05:30:39 PREEMPTED BY TALLAHASSEE.
05:30:43 PLEASE, WRITE YOUR STATE REPRESENTATIVES.
05:30:47 WRITE YOUR STATE SENATORS.
05:30:49 CALL THEM AND ASK THEM TO STOP ANY FURTHER PREEMPTIONS,
05:30:54 NOT ONLY AGAINST THE CITY OF TAMPA BUT COUNTIES AND
05:31:00 MUNICIPALITIES AND OTHER CITIES AROUND THIS STATE.
05:31:04 WE NEED TO PAY MORE ATTENTION TO HOME RULE.
05:31:07 WE DON'T NEED OTHER PEOPLE FROM OTHER PARTS OF THIS STATE
05:31:12 TO TELL TAMPA WHAT TO DO.
05:31:17 AND WITH THAT, MR. CHAIR, I AM OFF MY SOAPBOX.
05:31:20 THANK YOU VERY MUCH.
05:31:20 >>GUIDO MANISCALCO: COUNCILMAN VIERA.
05:31:23 >>LUIS VIERA: AND I JUST WANTED TO ADD TO THAT, MY VIEW
05:31:26 OF PREEMPTION IS PREEMPTION DOES HAVE A ROLE BUT IT'S A
05:31:30 VERY NARROWLY TAILORED ROLE IN THE WAY LEGISLATURE IS
05:31:33 TAKING PREEMPTION, AS THEY REFUSE THAT NARROWLY TAILORED
05:31:37 ROLE THAT ONE SIZE FITS ALL HAMMER THAT SEES EVERY
05:31:42 MUNICIPALITY AS A NAIL, AND I THINK THAT THIS
05:31:44 ORDINANCE -- IF YOU GUYS CAN LIKE I CAN TALK ABOUT THAT
05:31:51 ORDINANCE FOR ANOTHER 25 MINUTES.
05:31:52 [ LAUGHTER ]
05:31:54 >>JOSEPH CITRO: YES, COUNCILMAN VIERA, I UNDERSTAND,
05:31:57 THERE ARE CERTAIN STATE RULES AND REGULATIONS THAT MAKE
05:32:00 IT EASIER FOR EVERYONE TO TRAVEL IN BETWEEN
05:32:03 MUNICIPALITIES AND COUNTIES.
05:32:04 I DON'T WANT TO BRING IT UP, BUT CONCEALED WEAPONS PERMIT
05:32:07 IS ONE.
05:32:09 DRIVER'S LICENSE IS ANOTHER.
05:32:10 YES, WE UNDERSTAND THERE HAVE TO BE THOSE RULES.
05:32:13 BUT PLEASE, TALLAHASSEE, THE KNOWS WHAT'S BEST FOR TAMPA.
05:32:19 THANK YOU, MR. CHAIR.
05:32:20 THANK YOU, COUNCILMAN VIERA.
05:32:22 >>GUIDO MANISCALCO: COUNCILMAN CARLSON.
05:32:24 >>BILL CARLSON: JUST TO ADD TO THAT, I TOOK A COURSE IN
05:32:27 GRADUATE SCHOOL ON THIS TOPIC, AND THE ARGUMENT THAT I
05:32:30 MADE IN FAVOR OF LOCAL CONTROL IS THAT IT'S ONE OF THE
05:32:35 THINGS MAKES THE U.S. UNIQUE, AND GIVES US INNOVATION,
05:32:39 HELPS US CREATE ENVIRONMENTS IN COMMUNITIES WHERE PEOPLE
05:32:43 WANT TO LIVE.
05:32:43 YOU CAN CHOOSE TO LIVE IN WHATEVER COMMUNITY YOU WANT.
05:32:46 SOME PEOPLE IN OTHER COUNTRIES WONDER WHY WE AREN'T
05:32:49 UNIFORM ACROSS THE ENTIRE COUNTRY AND WE ARE IN SOME
05:32:51 WAYS.
05:32:52 BUT THE INNOVATION AND KIND OF COMPETITION BETWEEN CITIES
05:32:55 AND COUNTIES AND STATES ALLOWS US TO INNOVATE AND TO BE
05:32:58 COMPETITIVE WITH OTHER COUNTRIES.
05:33:01 ALSO, I JUST WANT TO SECOND THAT THE CONDOLENCES TO OUR
05:33:05 COLLEAGUE COUNCILMAN GUDES AND HIS FAMILY, AND ALSO TO
05:33:10 PATRICK MANTEGA AND HIS FAMILY AS WELL.
05:33:14 WE GOT A NOTE FROM CHIEF OF STAFF A LITTLE WHILE AGO THAT
05:33:17 THERE WAS AN ACCIDENT IN THE WATER TREATMENT PLANT, AND
05:33:20 JUST WANTED TO SAY THAT FOLKS INVOLVED IN THAT ARE IN OUR
05:33:25 THOUGHTS AND PRAYERS AS WELL, HOPE EVERYTHING WORKS OUT
05:33:28 OKAY.
05:33:29 THE LAST THING IS THAT I MENTIONED LAST WEAK THAT I WOULD
05:33:33 SUGGEST THAT WE WITHDRAW THE DISCUSSION ABOUT THE COASTAL
05:33:38 HIGH HAZARD AREA MORATORIUM.
05:33:40 I THINK IT'S ON NEXT WEEK'S AGENDA.
05:33:42 I WAS TRYING TO FIGURE IT OUT.
05:33:43 MR. DINGFELDER, THAT WAS YOUR MOTION.
05:33:46 IF YOU WANT TO WITHDRAW IT INSTEAD YOU CAN.
05:33:48 BUT HERE IS MY ARGUMENT FOR IT.
05:33:50 WE PUT A SEPARATE MOTION ON THE TABLE FOR NOVEMBER.
05:33:53 SINCE THEN I HAVE HAD THREE OR FOUR DIFFERENT
05:33:55 CONVERSATIONS WITH PLANNING AND LAND USE AND LEGAL, AND I
05:34:02 THINK KNOWING THAT THE PEOPLE SOUTH OF GANDY WANT A SOUTH
05:34:05 OF GANDY SOLUTION, AND NOW THERE ARE LOTS OF OPTIONS THAT
05:34:08 WE ALL PUT ON THE TABLE, AND THEY WOULD LIKE TO FOCUS ON
05:34:12 A SOUTH OF GANDY SOLUTION.
05:34:16 WE ARE ALREADY GETTING FEEDBACK THAT THE COASTAL HIGH
05:34:18 HAZARD AREA FOCUS IS TOO EXTENSIVE AND COVERS THE ENTIRE
05:34:22 COASTLINE OF THE CITY AND MAY NOT BE FAIR TO EVERYBODY.
05:34:26 I THINK BETWEEN NOW AND NEXT WEEK OR WHENEVER THIS COMES
05:34:28 UP, WE ARE GOING TO GET INUNDATED WITH LOTS OF E-MAILS
05:34:31 AND EVERYTHING ABOUT IT, WHEN I THINK WE ALL IN GOOD
05:34:33 FAITH WERE TRYING TO FIND A SOLUTION FOR SOUTH OF GANDY.
05:34:37 AND I THINK THAT WAS WHAT MR. DINGFELDER'S ORIGINAL
05:34:39 MOTION WAS THAT LED US INTO THIS.
05:34:45 SO UNLESS MR. DINGFELDER OR COUNCILMEMBER DINGFELDER
05:34:47 WOULD LIKE TO -- I WOULD LIKE TO MAKE A MOTION TO
05:34:52 WITHDRAW THAT FROM THE AGENDA.
05:34:54 WOULD YOU LIKE TO MAKE THAT MOTION INSTEAD OR DO YOU WANT
05:34:57 TO VOTE AGAINST IT?
05:34:59 >>MARTIN SHELBY: IF I CAN, MR. CHAIRMAN.
05:35:02 I'M SORRY, MR. DINGFELDER.
05:35:05 SORRY.
05:35:05 I JUST WANTED TO MAKE CLEAR THAT FOR THE PURPOSES OF
05:35:08 DISCUSSION, MY UNDERSTANDING LOOKING AT THE CALENDAR, IT
05:35:11 WAS SET FOE STAFF REPORTS ON MARCH 4th.
05:35:18 I'M SORRY TO INTERRUPT.
05:35:19 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
05:35:20 >>JOHN DINGFELDER: WELL, THIS IS THE FIRST I HAVE HEARD
05:35:25 OF THAT PROPOSAL TO YANK IT OFF THE TABLE.
05:35:32 FRANKLY, I'M A LITTLE SURPRISED.
05:35:34 I THINK THERE'S BEEN A SIGNIFICANT PUBLIC OUTCRY SOUTH OF
05:35:42 GANDY AND ELSEWHERE IN THE PENINSULA TO DO SOMETHING NOW,
05:35:50 POSSIBLY SIX MONTHS, NINE MONTHS, A YEAR, BECAUSE ALL OF
05:35:53 THOSE APPLICATIONS WILL BE COMING IN AND KEEP COMING IN
05:35:57 AT THE MAXIMUM, MAXIMUM LEVELS JUST LIKE THEY DID LAST
05:36:00 THURSDAY NIGHT.
05:36:02 >>BILL CARLSON: SO THE DIFFERENCE IS THAT WHEN I BROUGHT
05:36:05 IT UP A COUPLE OF WEEKS AGO, THE STAFF SAID, GIVE US
05:36:08 UNTIL NOVEMBER, BECAUSE WE HAVE THIS OTHER ONE COMING UP,
05:36:10 AND THEY PROBABLY ALREADY WORKED SOME ON IT.
05:36:13 BUT THE PROPOSAL IS STILL THE PROPOSAL ON THE TABLE IS
05:36:16 STILL TO DO SOMETHING SOUTH OF GANDY, BUT IT APPEARS TO
05:36:19 ME, ANYWAY, IN HAVING EXTENSIVE CONVERSATIONS WITH STAFF,
05:36:22 THAT THE COASTAL HIGH HAZARD AREA, WHAT DO YOU CALL IT,
05:36:27 PREDICATION IS TOO EXTENSIVE, AND SPEAKING TO THE
05:36:31 NEIGHBORHOOD LEADERS SOUTH OF GANDY, THEY ONLY WANT A
05:36:34 SOLUTION SOUTH OF GANDY.
05:36:34 THEY DON'T WANT TO ADVERSELY IMPACT THE REST OF THE CITY.
05:36:39 SO WE WOULD STILL WITH, THIS OTHER MOTION, HOPEFULLY WE
05:36:41 WOULD BE ABLE TO MOVE UP THE DATE FROM NOVEMBER AND STILL
05:36:44 HAVE A CONVERSATION SOUTH OF GANDY, A ROBUST
05:36:47 CONVERSATION, BUT IF WE DON'T TAKE THE COASTAL HIGH
05:36:51 HAZARD PROPOSAL OFF THE TABLE THERE'S GOING TO BE A BIG
05:36:54 DISCUSSION ABOUT IT AND IT LOOKS LIKE THERE ARE BETTER
05:36:56 OPTIONS NOW.
05:36:57 >>JOHN DINGFELDER: AND WE ARE SORT OF ON THE SAME PAGE,
05:37:00 BECAUSE A WEEK AGO I CALLED -- CONTACTED ONE OF THE
05:37:04 SENIOR STAFF MEMBERS INVOLVED, AND I SAID THE SAME THING.
05:37:07 I SAID, I THINK WE NEED TO NARROW IT.
05:37:11 I DON'T THINK COASTAL HIGH HAZARD IS A BAD ISSUE, UNLESS
05:37:20 OUR ORDINANCE, OUR TEMPORARY MORATORIUM IS NOT.
05:37:22 I THINK IT'S VERY VALID ISSUE BECAUSE IT HAS TO DO WITH
05:37:26 EVACUATION.
05:37:27 BUT I DO AGREE THAT IT'S NOT AS RELEVANT ELSEWHERE IN THE
05:37:30 CITY.
05:37:31 AND SO WHAT I SUGGESTED TO THE SENIOR STAFF PERSON WAS IF
05:37:36 WE ARE TALKING ABOUT EVACUATION IN TRANSPORTATION, WHAT
05:37:39 WE COULD DO IS INCLUDE SOME OF THE AREAS LIKE DOWNTOWN
05:37:43 AND CHANNELSIDE AND YBOR CITY, WHICH ARE PROBABLY IN THE
05:37:47 COASTAL HIGH HAZARD AREA, ARMATURE WORKS, ET CETERA.
05:37:51 WE COULD EXCLUDE THOSE IF WE SAY COASTAL HIGH HAZARD AREA
05:37:55 EXCEPT THOSE AREAS THAT ARE ON TRANSPORTATION TRANSIT
05:37:59 CORRIDORS.
05:37:59 >>BILL CARLSON: SO WHAT THE LAWYERS ARE TELLING ME, AND
05:38:08 UNFORTUNATELY WE CAN'T TALK TO EACH OTHER BECAUSE OF
05:38:13 SUNSHINE --
05:38:14 >>JOHN DINGFELDER: YOU CAN CARVE IT OUT IF YOU HAVE A
05:38:16 VALID REASON.
05:38:16 AND I AM SAYING THE VALID REASON THAT I AM PROPOSING,
05:38:20 THAT I HAVE BEEN PROPOSING TO STAFF, AND OBVIOUSLY THIS
05:38:23 IS A GOOD OPPORTUNITY TO PROPOSE TO COUNCIL, IS THAT WE
05:38:27 DENY THOSE PARTS OF THE CITY THAT ARE ON TRANSIT,
05:38:32 TRANSPORTATION CORRIDORS.
05:38:33 BECAUSE IF YOU ARE ON TRANSIT OR TRANSPORTATION CORRIDOR
05:38:37 HOPEFULLY IN THE FUTURE YOU HAVE OTHER OPPORTUNITIES VIA
05:38:41 RAIL OR GOOD BUS SOMETIME OR SOMETHING ELSE TO BE ABLE TO
05:38:44 MOVE AWAY AND POSSIBLY TO EVACUATE.
05:38:49 BUT THAT DOESN'T APPLY TO THE SOUTH OF GANDY AREA BECAUSE
05:38:52 MUCH OF THAT SOUTH OF GANDY AREA IS NOT NECESSARILY ON A
05:38:56 CORRIDOR EXCEPT PERHAPS ALONG THE RAIL LINE.
05:38:59 >>BILL CARLSON: AND I THINK THE SOLUTION FOR SOUTH OF
05:39:02 GANDY IS GOING TO BE A COMBINATION OF PLANNING, BRINGING
05:39:07 NEW RESOURCES THERE, IMPROVING AMENITIES, IMPROVING
05:39:12 TRANSPORTATION, HOPEFULLY SOME KIND OF MASS TRANSIT.
05:39:15 UNFORTUNATELY, WE CAN'T TALK ABOUT THIS OUTSIDE OF THIS
05:39:17 ROOM.
05:39:17 WE CAN TALK ABOUT IT NEXT WEEK, OR WHATEVER MARCH
05:39:23 4th.
05:39:24 I WOULD RATHER JUST TAKE THAT OFF THE TABLE AND HAVE THE
05:39:26 OTHER DISCUSSION AND ASK STAFF TO -- LET ME JUST, WITH
05:39:31 APOLOGIES --
05:39:33 >>JOHN DINGFELDER: LET ME JUST SAY ONE THING BEFORE YOU
05:39:34 MAKE THE MOTION, OKAY?
05:39:36 I HOPE -- AND SLEIGHT OF HAND WHEN IT COMES TO OUR
05:39:41 CONSTITUENTS, I THINK THAT THEY HAVE BEEN COMING TO US
05:39:43 FOR MONTHS AND MONTHS AND MONTHS, BACK IN NOVEMBER OR
05:39:47 OCTOBER, STAFF SAID THAT THIS WAS A REASONABLE OPTION.
05:39:53 I DON'T THINK WE NEED TO THROW THE BABY OUT WITH THE BATH
05:39:55 WATER.
05:39:56 I THINK WE COULD COME TO NEXT WEEK AND WE COULD MOD BY IT
05:40:00 AND TWEAK IT SO IT DOESN'T INCLUDE THE WHOLE CITY.
05:40:03 I DO AGREE WITH YOU, IT DOESN'T HAVE TO INCLUDE THE WHOLE
05:40:06 CITY.
05:40:06 BUT THIS PARTICULAR STAFF INCLUDING OUR ECONOMIC
05:40:09 DEVELOPMENT STAFF HAS NOT BEEN IN FAVOR OF A MORATORIUM,
05:40:13 PERIOD.
05:40:13 >>BILL CARLSON: IT SOUND LIKE WE HAVE TWO WEEKS.
05:40:16 I'LL STOP HERE. I WON'T MAKE THE MOTION.
05:40:18 AND I WILL ASK COUNCILMAN DINGFELDER MAYBE YOU COULD
05:40:20 SPEAK TO THE WHOLE GROUP THAT I SPOT TO ABOUT ALL THE
05:40:24 OTHER OPTIONS THAT ARE OUT THERE, AND ALSO SPEAK TO THE
05:40:27 SOUTH OF GANDY NEIGHBORHOOD LEADERS AND THEN EITHER I'LL
05:40:30 MAKE A MOTION OR YOU MAKE A MOTION NEXT WEEK.
05:40:32 I JUST THINK THAT YOU SAW ALL THE FOLKS THAT ARE UPSET
05:40:35 ABOUT US EXTENDING IT WAY BEYOND SOUTH OF GANDY, AND WE
05:40:39 ARE GOING TO HAVE LOTS OF ANGST IN THE COMMUNITY.
05:40:42 THERE'S A LOT OF WORRY ABOUT IT.
05:40:43 ONE OF THE THINGS THAT'S HAPPENING IS LAND USE ATTORNEYS
05:40:45 ARE THINKING ABOUT FILING EARLY.
05:40:48 PUMPING LOTS OF THINGS IN.
05:40:50 I THINK THAT WILL HAVE A REVERSE CONSEQUENCE THAT WE
05:40:52 WANT, AND IF WE JUST HAVE A SOUTH OF GANDY SOLUTION, IT
05:40:55 WILL ADDRESS THE ISSUES THAT SOUTH OF GANDY LEADERS WANT.
05:40:59 WE JUST DON'T KNOW WHAT THAT IS.
05:41:00 COASTAL HIGH HAZARD, I THINK, IS NOT GOING TO BE THE
05:41:03 RIGHT SOLUTION.
05:41:04 THERE ARE OTHER SOLUTIONS.
05:41:05 IT MAY BE THAT IT WILL.
05:41:07 BUT HAVING THE GEOGRAPHY OF INCLUDING ALL THE AREAS
05:41:11 OUTSIDE OF SOUTH OF GANDY, I THINK IT'S GOING TO CREATE A
05:41:13 LOT OF ANGST IN THE COMMUNITY.
05:41:15 SO I WILL WAIT ON A MOTION TILL NEXT WEEK, AND THEN MAYBE
05:41:18 WE'LL LET MR. DINGFELDER GO FIRST AND SEE IF HE WANTS TO
05:41:21 MAKE THE MOTION FIRST NEXT WEEK.
05:41:23 THANK YOU.
05:41:23 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:41:24 COUNCILMAN DINGFELDER, DO YOU HAVE ANYTHING FOR NEW
05:41:27 BUSINESS?
05:41:28 >>JOHN DINGFELDER: YEAH, I HAD ONE ISSUE THAT I WOULD
05:41:31 LIKE MR. SHELBY TO LOOK INTO, IF COUNCIL WOULD AGREE TO
05:41:35 THE MOTION.
05:41:37 WE HAVE THIS THING, AND CHARLIE, MAYBE YOU KNOW WHERE IT
05:41:40 STARTED, BECAUSE I DON'T KNOW WHERE IT STARTED, BUT WE
05:41:42 HAVE THIS THING THAT IT'S A PRIVATELY INITIATED --
05:41:48 PRIVATELY INITIATED CODE AMENDMENTS AND PRIVATELY
05:41:51 INITIATED COMP PLAN AMENDMENTS.
05:41:53 AND WHEN I STARTED LOOKING AROUND THE STATE, I COULDN'T
05:41:57 FIND OTHER JURISDICTIONS THAT DO THAT.
05:42:00 AND I'M NOT SAYING THAT THERE AREN'T GOOD IDEAS FROM
05:42:05 PRIVATE CITIZENS, BUT TYPICALLY IF A PRIVATE CITIZEN OR
05:42:08 DEVELOPER OR WHATEVER HAS A GOOD IDEA, THEY BRING IT TO
05:42:13 THEIR LEGISLATOR, IN THIS CASE TO THEIR COUNCILMAN AND/OR
05:42:16 TO THE MAYOR, THE ADMINISTRATION, AND THEY BRING IT IN
05:42:19 AND SAY WHAT DO YOU THINK OF THIS IDEA?
05:42:21 AND THEN IF IT'S GOOD ENOUGH, THEN IT RISES TO THE
05:42:24 SURFACE EITHER THROUGH THE ADMINISTRATION OR THROUGH THE
05:42:29 MUNICIPAL BODY, THE CITY COUNCIL.
05:42:31 BUT WE HAVE A VERY UNUSUAL PROCESS WHERE BASICALLY YOU
05:42:37 HAVE AN IDEA, ALL OF A SUDDEN IT STARTS MOVING AND GETS
05:42:42 GREAT MOMENTUM AND PRETTY SOON IT'S ON OUR AGENDA FOR
05:42:44 FIRST READING, AND WE GO LIKE, WHAT IS THIS ABOUT?
05:42:48 WHO SAID THIS WAS A GOOD IDEA?
05:42:50 AND I AM NOT POINTING TO ANYONE OR ANY PARTICULAR ISSUE,
05:42:53 BUT I WOULD LIKE MR. SHELBY TO RESEARCH THIS A LITTLE BIT
05:42:57 FURTHER, LOOK AROUND THE STATE, AND SEE IF WE ARE TRULY
05:43:00 THE ANOMALY IN THAT REGARD.
05:43:02 AND THEN MAYBE GIVE US THE PROS AND CONS OF WHY WE SHOULD
05:43:07 OR SHOULDN'T CONTINUE TO HAVE PRIVATELY INITIATED
05:43:13 ORDINANCE, AMENDMENTS AND COMP PLANS.
05:43:16 >>GUIDO MANISCALCO: MR. SHELBY, DID YOU GET ALL OF THAT?
05:43:19 >>MARTIN SHELBY: YES.
05:43:22 WILL YOU BE ABLE TO GIVE ME SOME TIME TO BE AUTOMOBILE TO
05:43:24 DO THAT, SIR?
05:43:26 >>JOHN DINGFELDER: TOMORROW OR THE NEXT DAY IS FINE.
05:43:28 >>MARTIN SHELBY: DO YOU WANT ME TO -- IT'S BETTER TO
05:43:32 HAVE IT ON THE AGENDA AT SOME POINT IN THE FUTURE.
05:43:34 >>GUIDO MANISCALCO:
05:43:35 >>: I THINK IT SHOULD BE ON THE AGENDA AND YOU CAN HAVE
05:43:37 AS MUCH TIME AS YOU WISH.
05:43:39 90 DAYS, I'M FINE WITH THAT.
05:43:41 >>GUIDO MANISCALCO: WOULD ANYBODY LIKE A DATE FOR THAT,
05:43:43 MR. SHELBY?
05:43:44 >>MARTIN SHELBY: YES, SIR, THAT WOULD BE GOOD.
05:43:45 >>GUIDO MANISCALCO: FOR THAT IT WILL BE IN MAY, AND IN
05:43:48 MAY, WE HAVE MAY 20 WILL BE A CITY COUNCIL REGULAR
05:43:53 SESSION.
05:43:53 WOULD YOU LIKE IT UNDER STAFF REPORTS?
05:43:55 >>MARTIN SHELBY: YES.
05:43:57 I CAN DO IT IN THE FORM OF A MEMO.
05:44:01 AND IF YOU WANT ME TO TALK ABOUT IT, I WOULD BE VERY
05:44:04 FAVORABLE TO DO THAT.
05:44:05 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER HAS A MOTION.
05:44:08 VIERA WITH THE SECOND.
05:44:09 ALL IN FAVOR?
05:44:11 THANK YOU VERY MUCH.
05:44:11 >>JOHN DINGFELDER: AND THANK YOU, EVERYBODY.
05:44:17 WE HAD A LONG DAY BUT A GOOD DAY.
05:44:19 MR. CHAIRMAN, GREAT JOB AS ALWAYS.
05:44:20 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:44:21 COUNCILMAN DINGFELDER, DID MR. SHELBY CLARIFY THAT MOTION
05:44:27 WITH THE CLERK?
05:44:28 WOULD HE BE ABLE TO DO THAT?
05:44:29 >>MARTIN SHELBY: YOU ARE ASKING ME TO RESEARCH OTHER
05:44:32 JURISDICTIONS AS TO HOW THEY APPROACH WHAT TAMPA HAS AS
05:44:40 LAND DEVELOPMENT CODE AMENDMENTS, PRIVATELY INITIATED
05:44:43 LAND DEVELOPMENT CODE AMENDMENT AND PRIVATELY INITIATED
05:44:46 COMPREHENSIVE LAND TEXT AMENDMENTS.
05:44:48 >>JOHN DINGFELDER: WELL, AND SPECIFICALLY DO THEY HAVE
05:44:51 PRIVATELY INITIATED CODE AND PLAN AMENDMENTS, AND THE
05:44:57 PROS AND CONS OF US CONTINUING WESTBOUND THAT.
05:45:01 >>MARTIN SHELBY: WELL, THAT'S A POLICY ISSUE.
05:45:04 I BELIEVE --
05:45:06 >>JOHN DINGFELDER: YOU ARE NOT COMFORTABLE WITH THAT?
05:45:07 >>MARTIN SHELBY: WELL, IF YOU ARE ASKING MY OPINION,
05:45:09 THAT'S ONE THING.
05:45:10 BUT I PREFER IF COUNCIL HAS THE FACTS IN FRONT OF THEM,
05:45:13 AND I'M SURE STAFF WOULD BE INTERESTED IN KNOWING WHAT
05:45:17 THAT INFORMATION IS, AND ALSO BEING ABLE TO OPINE.
05:45:19 >>JOHN DINGFELDER: JUST WANTED TO KNOW WHAT ELSE IS OUT
05:45:25 THERE AROUND THE STATE.
05:45:27 >>MARTIN SHELBY: THANK YOU, COUNCILMAN.
05:45:28 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA, DO YOU HAVE
05:45:33 ANYTHING FOR NEW BUSINESS, SIR? PLEASE UNMUTE YOURSELF.
05:45:40 ARE MATT, CHARLIE.
05:45:41 >>CHARLIE MIRANDA: I WOULD LIKE TO MAKE A MOTION TO
05:45:48 WRITE TWO LETTERS OF SUPPORT FOR LEGISLATIVE REQUESTS TO
05:45:53 HELP COMPLETE THE EXPANSION OF THE FLORIDA PANTHER
05:45:56 HABITAT, ONE WILL BE ADDRESSED TO SENATOR ALBRITTON
05:45:59 AND [DISTORTION] --
05:46:03 >>> MOTION BY COUNCILMAN MIRANDA.
05:46:04 SECOND BY COUNCILMEMBER CITRO.
05:46:06 ALL IN FAVOR?
05:46:07 YES, SIR, ANYTHING ELSE?
05:46:08 >>CHARLIE MIRANDA: THAT'S IT.
05:46:11 THANK YOU.
05:46:13 I HAVE GOT TO RUN.
05:46:14 >>GUIDO MANISCALCO: YES, SIR.
05:46:15 COUNCILMAN VIERA.
05:46:16 >>LUIS VIERA: I WANTED TO ADD JUST A VERY BRIEF COMMENT
05:46:18 BECAUSE I THINK IT'S RELEVANT TO THE DISCUSSION WE ARE
05:46:20 GOING TO HAVE, SOMETHING THAT COUNCILMAN CARLSON SAID
05:46:23 WITH REGARD TO THE MEMORANDA TOMORROW BECAUSE WE CAN'T
05:46:26 DISCUSS THIS OUT SIDE THE TAMPA CITY COUNCIL.
05:46:28 THERE'S SOMETHING TO BE DISCUSSED REGARDING POTENTIAL
05:46:31 LEGAL VERDICTS, I GUESS IF YOU WILL, OR FINDINGS ON
05:46:37 POTENTIAL MORATORIUMS AND POTENTIAL COMPROMISES,
05:46:41 ET CETERA.
05:46:41 BUT SOMETHING WHICH WAS MENTIONED WHICH WAS INVESTMENT IN
05:46:44 TRANSPORTATION AND INFRASTRUCTURE, SOMETHING I WOULD LIKE
05:46:46 TO SEE, AND I WILL PROBABLY MAKE A MOTION IN THIS REGARD
05:46:50 IN A WEEK OR TWO, IS TO REQUEST THAT OUR FRIENDS AT THE
05:46:53 COUNTY COMMISSION EVENTUALLY SHOULD BE ALL FOR
05:46:58 TRANSPORTATION TAX BEING STRUCK DOWN, TO PUT A
05:47:03 REPLACEMENT BALLOT IN 2022 TO MAKE OUR VOICE HEARD.
05:47:08 THINGS LIKE THAT ALSO GO A VERY, VERY LONG WAY WITH
05:47:11 REGARDS TO ADDRESSING CONCERNS SOUTH OF GANDY AND
05:47:13 THROUGHOUT OUR CITY AND COMMUNITY, SO JUST MY THOUGHTS IN
05:47:16 THAT REGARD.
05:47:17 I WILL PROBABLY BE MAKING SOME SORT OF MOTION SOMETIME.
05:47:21 >> AND I WILL SECOND THAT.
05:47:23 >>LUIS VIERA: NO, YOU WON'T, SIR.
05:47:25 >> YES, I WILL.
05:47:26 >>GUIDO MANISCALCO: COUNCILMAN CITRUS, I AM GOING TO
05:47:29 HAND YOU THIS GAVEL.
05:47:30 I WOULD LIKE TO MAKE A MOTION TO PREPARE A COMMENDATION
05:47:32 FOR THE KIWANIS CLUB OF GREATER YBOR CITY IN HONOR OF
05:47:36 THEIR CHARTER AND CEREMONY WHICH WILL BE PRESENTED ON OUR
05:47:39 BEHALF ON THURSDAY, FEBRUARY 25th.
05:47:46 >>JOSEPH CITRO: SECONDED BY COUNCILMAN VIERA.
05:47:48 ALL IN FAVOR?
05:47:50 AYE.
05:47:50 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:47:52 MY NEXT ITEM, I WOULD LIKE TO MAKE A MOTION TO WRITE A
05:47:54 LETTER OF SUPPORT ON BEHALF OF MIRACLES OUTREACH A
05:48:00 501(C)3 THAT PROVIDES FOSTER CARE AND FAMILY SERVICES OF
05:48:05 100,000 TO HELP FURTHER THEIR MISSION IN HILLSBOROUGH AND
05:48:09 PINELLAS.
05:48:09 >>JOSEPH CITRO: MOTION MADE BY COUNCILMAN MANISCALCO.
05:48:12 SECONDED BY COUNCILMAN VIERA.
05:48:14 ALL IN FAVOR?
05:48:15 >> HELPING PEOPLE THAT HAVE BEEN HIJACKED --
05:48:30 >>> HUMAN TRAFFICKING.
05:48:31 >>BILL CARLSON: AND HELPING THEM GET BACK TO NORMAL
05:48:34 LIVES.
05:48:34 >>GUIDO MANISCALCO: ALSO MAY I HAVE A MOTION TO RECEIVE
05:48:35 AND FILE?
05:48:36 >>JOSEPH CITRO: MOVE TO RECEIVE AND FILE.
05:48:38 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN CITRO.
05:48:40 IS THERE A SECOND?
05:48:41 SECOND BY COUNCILMAN CARLSON.
05:48:42 ALL IN FAVOR?
05:48:43 WE ARE ADJOURNED.
05:48:44 [SOUNDING GAVEL]
05:49:54 [CITY COUNCIL MEETING ADJOURNED]
05:49:57
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