Continued…Part 3 of 6
REMAINS IN THE AREA DEFINED AS A STREET CORNER.
HERE IS A MAP.
YOU CAN SEE THIS IS 7TH AVENUE WHERE IT'S PROHIBITED.
THIS IS 7TH AVENUE WHERE IT'S PROHIBITED.
AND THIS IS 8TH AVENUE WHERE IT'S ALSO PROHIBITED.
GREEN DOTS ARE ALL THE STREET CORNERS WHERE THEY MAY OPERATE AND THEY CAN GO 25 FEET IN EITHER DIRECTION AS LONG AS THEY ARE 10 FEET AWAY FROM ANY AREA THAT'S PROHIBITED.
ALSO AROUND THE NEW YBOR CITY GARAGE, THESE AREAS ARE PROHIBITED.
AND THIS 16TH STREET IS A PEDESTRIAN WAY, WHICH LEADS UP TO 7TH AVENUE.
IN 1995, THE CITY OF KEY WEST DRAFTED AN ORDINANCE SIMILAR TO THE ONE PRESENTED TODAY.
REGULATING OFF-PREMISES CANVASSING IN THE CITY OF KEY WEST.
A COPY OF THE ORDINANCE IS UNDER TAB "D" IN YOUR BINDER.
THE ORDINANCE WAS CHALLENGED AND IN MAY OF 1996, THE 11TH CIRCUIT COURT OF APPEALS REVIEWED THE CASE AND UPHELD THE VALIDITY OF THE ORDINANCE.
A COPY OF THE CASE IS UNDER TAB E.
LAST MONTH, THE CITY OF ORLANDO ENACTED A SIMILAR ORDINANCE AND A COPY IS UNDER TAB "F."
I WILL NOW SHOW YOU A VIDEO AND PRESENT TESTIMONY TO SUPPORT THE LEGISLATIVE FINDINGS STATED IN THE ORDINANCE.
YOU WILL SEE FROM THE VIDEO AND TESTIMONY PRESENTED THAT ONLY THE COMMERCIAL OFF-PREMISES CANVASSING CAUSES A PROBLEM IN THE HISTORIC DISTRICT AND THAT'S WHY ONLY REGULATED COMMERCIAL.
IT'S ABOUT A THREE-MINUTE VIDEO.
>> DOES SOMETHING ELSE HAPPEN?
>> NO, IT'S ALMOST OVER.
>> I WANTED TO SEE IF I SEE ANY COUNCIL MEMBERS.
>> YOU WON'T FIND ME THERE.
>> I LIKE IT THERE.
IT'S VERY NICE.
>> NOW I WOULD LIKE TO GO AHEAD AND PRESENT TESTIMONY TO SUPPORT THE LEGISLATIVE FINDINGS STATED IN THE ORDINANCE.
THE FIRST PERSON I WOULD LIKE TO INTRODUCE IS WARREN BOURGEOIS, THE MAYOR'S ASSISTANT FOR SPECIAL PROJECTS.
>> THANK YOU.
GOOD MORNING.
WARREN BOURGEOIS, ASSISTANT FOR SPECIAL PROJECTS.
JODI ASKED ME TO COME UP THIS MORNING AND JUST BRIEFLY TOUCH ON ONE OF THE THINGS THAT YOU'LL SEE IN THE EXECUTIVE SUMMARY ON THE ORDINANCE THERE.
AND THAT'S TO TOUCH ON THE LITTERING ASPECT.
AS YOU KNOW, I WAS HERE LAST WEEK DISCUSSING LITTERING IN THE CITY.
AS YOU CAN SEE IN THE VIDEO, WHAT HAPPENS WITH THESE HANDOUTS IS USUALLY A PERSON TAKES IT, LOOKS AT IT, AND TOSSES IT.
IT BECOMES A MAJOR EYESORE IN THE DISTRICT.
SOMETHING THAT WE FEEL IS CERTAINLY NOT THE KIND OF THING THAT YOU WANT FOR THE HISTORIC DISTRICT.
I HAVE SEEN ON SEVERAL OCCASIONS, NOT ONLY THE PEOPLE RECEIVING THE PAMPHLET OR THE HANDOUT WILL TOSS IT, BUT THE PERSONS OR PEOPLE WHO HAVE BEEN EMPLOYED TO PASS THESE THINGS OUT HAVE DUMPED THEM.
THEY'LL TAKE A THOUSAND OF THEM, YOU KNOW, THEIR SHIFT IS OVER AND THROW THEM IN AN ALLEYWAY.
AS A MATTER OF FACT, I THINK I WAS WITH COUNCILWOMAN SAUL-SENA IN THE DISTRICT ONE DAY AT LUNCHTIME, AND WE WERE WALKING BACK FROM LUNCH, PASSED AN ALLEYWAY, AND THERE WERE A THOUSAND OF THEM LAYING THERE.
AS SOON AS THAT HAPPENS, THE WIND CATCHES THEM, AND THEY WERE DISTRIBUTED ALL OVER THE ALLEY.
OTHER FOLKS WHO WILL FOLLOW ME WILL TALK ABOUT THE EFFORTS THAT'S REQUIRED TO ABATE THIS, TO CLEAN THIS UP.
SO CERTAINLY, IT'S AN AESTHETIC ISSUE, AND IT'S SOMETHING THAT IS DETRIMENTAL TO THE THINGS WE WANT TO HAVE HAPPEN IN YBOR CITY AND THE DISTRICT.
AND I JUST WANT TO BRING THAT TO YOUR ATTENTION.
THANK YOU.
>> NEXT I WOULD LIKE TO INTRODUCE PAUL GARRIS.
MAIN STREET MANAGER FOR YBOR CITY.
>>CHARLIE MIRANDA: MOTION BY MS. ALVAREZ, SECOND BY MS. FERLITA TO RECEIVE AND FILE.
ALL IN FAVOR, INDICATE BY AYE.
[MOTION CARRIED UNANIMOUSLY]
>> WHAT I JUST HANDED OUT TO THE COUNCIL AND GOOD MORNING, COUNCIL.
MY NAME IS PAUL GARRIS, MAIN STREET MANAGER OF YBOR CITY AND WITH THE YBOR CITY CHAMBER OF COMMERCE.
WHAT I HANDED OUT TO YOU IS A SAMPLING OF WHAT WE HAVE FOUND ON THE FLOORS, ON THE STREETS AND ON CARS AND OTHER PLACES ALONG YBOR CITY FROM PEOPLE HANDING THESE OUT.
IT'S BECOMING A PROBLEM NOT ONLY FROM THE STANDPOINT OF THE BUSINESSES IN YBOR CITY, BUT NOW A LOT OF OTHER BUSINESSES ARE COMING IN AND HANDING OUT THESE AND THEY ARE BEING TOSSED ON THE GROUND.
AESTHETICALLY, IT IS BECOMING A PROBLEM.
BY THE END OF THE NIGHT, 11, 12, 1:00, THE STREET IS LITERALLY COVERED ALMOST WALL TO WALL WITH THESE THINGS.
THE OTHER PROBLEM THAT WE'RE ALSO HAVING IS THAT A LOT OF THE PLACES THEY ARE HANDING OUT THESE TYPE OF FLIERS WITH ADHESIVE BACKING.
WHAT'S HAPPENING WITH THESE, IS THEY ARE GOING UP ON THE POLES, UTILITY POLES, ON THE PHONE BOOTHS, ON PARKING METERS, ON PARKING SIGNS.
IN FACT, THIS SATURDAY WE HAD AN YBOR CITY CLEANUP DAY, ABOUT 40 OR 50 VOLUNTEERS CAME OUT.
HANDED THEM SCRAPERS, SENT THEM OUT ON 7TH AVENUE AND TRIED TO CLEAN UP AS MANY OF THE STICKERS ON UTILITY POLES AND PARKING METERS AS WE COULD.
WITHIN 48 HOURS, CAME BACK IN MONDAY MORNING, THE POLES WERE ALREADY COVERED.
A LOT OF THE PLACES ALREADY HAD STICKERS UP ALL OVER THE PLACE.
AND NOT JUST -- AGAIN, NOT JUST YBOR CITY MERCHANTS DOING BUSINESS THERE BUT FROM THE OUTSIDE.
AND SOME OF THEM ARE UNIDENTIFIABLE BECAUSE WE TRY TO CALL THEM AND HAVE THEM REMOVE THEM.
IT IS BECOMING A PROBLEM AND WE WOULD LIKE TO SEE THE SITUATION AND THIS ORDINANCE PASSED.
THANK YOU.
>> NEXT I WOULD LIKE TO INTRODUCE TOM JOHNSON FROM HISTORIC PRESERVATION.
>> GOOD MORNING.
TOM JOHNSON, HISTORIC PRESERVATION.
ONE OF THE GOALS OF THE BARRIO LATINO IS TO MAKE THE DISTRICT A PLEASANT EXPERIENCE FOR ALL PEOPLE TO VISIT.
AND THE BARRIO HAS HAD CONCERNS WITH CANVASSING FOR SOMETIME.
ONE OF THE CONCERNS IS CLEANLINESS, CONTROLLING CANVASSING WILL CONTRIBUTE TO THE CLEANLINESS OF THE DISTRICT AND HELP MAINTAIN A MORE PLEASANT ENVIRONMENT.
ALSO, ANOTHER CONCERN IS, OF COURSE, ARCHITECTURAL INTEGRITY.
CANVASSING LITERATURE IS OFTEN PASTED ON BUILDINGS AND ON WALLS AND WINDOWS.
AND THAT AFFECTS THE ARCHITECTURAL INTEGRITY OF THE BUILDINGS.
THE BARRIO DOES SUPPORT THIS ORDINANCE, AND WOULD APPRECIATE THE COUNCIL PASSING IT.
THANK YOU.
>> NEXT I WOULD LIKE TO INTRODUCE RICK CARTER, THE SUPERINTENDENT FOR STORMWATER OPERATIONS.
>> GOOD MORNING, RICK CARTER, SANITARY SEWER AND STORMWATER OPERATIONS.
JODI HAS ASKED ME TO SPEAK ABOUT WHAT KIND OF PROBLEMS THESE HAND BILLS CREATE FOR US.
IN THE PAST YEAR AND A HALF, YOU'VE SEEN A LOT OF DEVELOPMENT IN YBOR CITY, ESPECIALLY IN THE 16TH STREET CORRIDOR BETWEEN 15TH AND 17TH.
THAT IS ALSO THE LOW POINT.
THAT IS WHERE ALL THE STORMWATER DRAINS TO.
AND DOWN THROUGH THE 16TH STREET CORRIDOR.
THE HAND BILLS HAVE CREATED A PROBLEM FOR US AS WELL AS OTHER LITTER, OTHER DEBRIS.
SOME IN ALLEYS, SOME IN STREETS WHEN THEY GET PLUGGED IN A MATTER OF MINUTES, SOME OF THE BUILDINGS ON 7TH AVENUE WILL GO UNDER WATER.
WE NOW PROVIDE A TWO-MAN CREW EACH AND EVERY TIME IT RAINS TO PATROL YBOR CITY FOR THIS TYPE OF DEBRIS.
SECONDLY, WE PROVIDE STREET SWEEPING ON A DAILY BASIS.
THE LITTER AND DEBRIS THAT IS TURNED DOWN IN THE STREET, THE PARKS DEPARTMENT TENDS TO BLOW IT TO THE CURB AND OUR STREET SWEEPERS EVERY DAY, EVERY MORNING GO THROUGH THERE AND PICK IT UP.
IF IT SHOULD RAIN WHILE THIS DEBRIS IS ON THE GROUND, IT STICKS TO THE SURFACE.
THE SWEEPERS WILL NOT PICK IT UP.
IT HAS TO BE DONE MANUALLY.
THE THIRD CONCERN FOR US IS THAT OUR CURB INLETS BECOME LOW LEVEL TRASH RECEPTACLES.
NOT ONLY THE HAND BILLS AND THE DEBRIS, THE BOTTLES, THE CANS, THEY ARE KICKED INTO THE STORM SEWERS AND WE'VE HAD TO INCREASE OUR CLEANING OF THE STORM SEWERS FROM ONCE EVERY 18 MONTHS TO ABOUT ONCE EVERY SIX MONTHS.
SO THESE ARE THE KINDS OF PROBLEMS THAT THEY CREATE FOR US.
WE DO HAVE ON RECORD THAT SOME OF THE BUILDINGS HAVE GONE UNDERWATER ON 7TH AVENUE AS RECENTLY AS THREE MONTHS AGO, TWO MONTHS AGO.
AND IT WAS ATTRIBUTED TO DEBRIS AND TRASH ON TOP OF STORM SEWER INLETS.
THANK YOU.
>> NEXT, JOE HOWDEN, MEMBER OF THE BARRIO LATINO COMMISSION, MEMBER OF THE YBOR CITY NEIGHBORHOOD ASSOCIATION HAS LIVED IN THE HISTORIC DISTRICT SINCE 1992 AND IS THE GENERAL MANAGER OF CAN CORONA.
>> JOE HOWDEN, 1707 EAST 5TH AVENUE.
I HAVE THE PRIVILEGE IN YBOR CITY AS JODI MENTION.
I WEAR A NUMBER OF HATS.
THE TWO I WOULD LIKE TO WEAR THIS MORNING ARE OUT OF A RESIDENT AND MANAGER OF A BUSINESS.
FIRST I WOULD LIKE TO SAY FROM THE VIEWPOINT OF RESIDENTIAL LIVING IN YBOR CITY AND HOW THIS ORDINANCE WILL AFFECT US, WE HAVE A LOT OF THESE FLIERS, THOUSANDS AND THOUSANDS ARE PASSED OUT ON 7TH AVENUE ON A FRIDAY AND SATURDAY NIGHT, THURSDAY NIGHTS.
MS. POLLACK'S VIDEO WAS EFFECTIVE, BUT IT DIDN'T SHOW THE FINAL RESULT AT 3 AND 4 A.M. OF WHAT'S ON THE STREET.
YOU ALMOST CAN'T SEE THE ASPHALT FOR THE NUMBER OF FLIERS THAT ARE LAYING THERE.
WITH THAT NUMBER OF FLIERS, OBVIOUSLY A NUMBER OF THEM END UP IN THE NEIGHBORHOOD THROUGH VARIOUS METHODS, THROUGH WIND, PEOPLE CARRYING THEM BACK, DUMPING THEIR POCKETS.
AND IT'S SOMETHING THAT REALLY IS A HARDSHIP ON A LOT OF THE NEIGHBORS BACK THERE.
THEY HAVE TO CLEAN THE FLIERS UP EVERY DAY IN THEIR FRONT YARD.
LET ME ALSO DISCUSS FOR A MOMENT BEING A BUSINESS MANAGER OF A BUSINESS ON 7TH AVENUE.
YOU KNOW, YBOR CITY, WITH ALL DUE RESPECT TO BUSCH GARDENS, IS OUR CALLING CARD TO THE WORLD RIGHT NOW.
AND WE HAVE A LOT OF TOURISTS WHO ARE COMING TO THE DISTRICT.
I THINK PROBABLY THE AUDIENCE AND EVEN MEMBERS OF COUNCIL MIGHT BE SURPRISED AT HOW MANY GERMANS AND VENEZUELANS AND MAYBE EVEN PEOPLE FROM IOWA WHO COME -- WITH ALL DUE RESPECT, WHO COME TO YBOR CITY.
IT'S TIME FOR YBOR TO SORT OF GROW UP.
150 MILLION DOLLARS WORTH OF DEVELOPMENT OR MORE IN YBOR CITY.
WE NEED TO PUT OUR BEST FOOT FORWARD.
LITERALLY, EVERY NIGHT, THE STREETS ARE BEING TRASHED.
I THINK THAT IT'S AN INSULT TO THE HISTORIC DISTRICT.
I THINK THERE COULD BE A MUCH MORE EFFECTIVE WAY FOR BUSINESS OWNERS TO ADVERTISE.
I DON'T THINK YOUR PRONE, WHILE YOU'RE PARTYING ON A SATURDAY NIGHT TO READ AS YOU WALK DOWN 7TH AVENUE.
SO I THINK THAT WHAT WE NEED TO LOOK AT HERE IS A WAY TO TAKE CARE OF THIS.
IT'S UNFORTUNATE THAT COUNCIL EVEN HAS TO DEAL WITH IT, THAT BUSINESS OWNERS WILL NOT REGULATE THEMSELVES, BUT THEY'VE BEEN GIVEN THE OPPORTUNITY TO DO THIS.
MY PERSONAL FEELING IS I WOULD LIKE TO SEE THE ORDINANCE BAN HAND BILLS COMPLETELY.
APPARENTLY LEGAL FEELS THAT THAT'S NOT A POSSIBILITY.
ALSO, BEFORE I LEAVE, I'D ALSO LIKE TO SAY THAT WHATEVER YOU DECIDE ON THIS, THE KEY ISSUE WITH ALL ORDINANCES YOU PASS IS ENFORCEMENT.
AND HOW THIS WILL BE ENFORCED.
BECAUSE CURRENTLY, HAND BILLS ARE BEING PUT ON WINDSHIELDS OF CARS.
OF COURSE, THOSE END UP ON THE GROUND AND ALL OF THOSE END UP IN OUR NEIGHBORHOOD.
SO ENFORCEMENT IS THE KEY ISSUE.
AND I THANK YOU VERY MUCH.
>>CHARLIE MIRANDA: THANK YOU VERY MUCH.
>> SPEAKING OF ENFORCEMENT ISSUES, NEXT, BILL DOHERTY, NEIGHBORHOOD IMPROVEMENT MANAGER.
>> GOOD MORNING.
BILL DOHERTY, DIVISION MANAGER FOR THE CITY OF TAMPA'S NEIGHBORHOOD IMPROVEMENT DIVISION, CODE ENFORCEMENT DIVISION FOR THE CITY OF TAMPA.
WE PLAN TO ENFORCE THIS ORDINANCE WITH THE SAME STAFF THAT WE'RE USING RIGHT NOW TO ENFORCE THE NOISE ORDINANCE IN YBOR CITY.
WE HAVE TWO INDIVIDUALS THAT ARE THERE FULL TIME, WEDNESDAY, THURSDAY, FRIDAY, AND SATURDAY EVENINGS FROM EARLY IN THE EVENING TILL TWO AND THREE A.M. IN THE MORNING.
INITIALLY, WE WILL PLAN ADDITIONAL STAFF.
WE WILL BE VERY AGGRESSIVE WITH THIS.
WE'RE GOING TO USE THE INSTANT CITATION.
START OUT WITH WARNING INDIVIDUALS, ISSUING VIOLATIONS, ISSUING PUBLIC NUISANCE CITATIONS THAT COULD ULTIMATELY END UP WITH INDIVIDUALS APPEARING BEFORE CIRCUIT COURT FOR VIOLATION OF A SECOND DEGREE, THIRD-DEGREE PUBLIC NUISANCE MISDEMEANOR.
WE, IN FACT, INTEND TO BE OUT THERE THIS WEEKEND.
LIKE I SAY, WE WILL INITIALLY START OUT WITH ADDITIONAL STAFF.
WE WILL EDUCATE THE OFFENDERS.
WE WILL USE FLIERS.
WE WILL USE PERSONAL APPROACH BY THE OFFICERS THAT ARE WORKING IN YBOR.
I EXPECT TO HAVE FOUR PEOPLE THERE THIS WEEKEND, THE NEXT COUPLE OF WEEKENDS JUST TO SPECIFICALLY ADDRESS THIS.
SO WE WILL BE VERY AGGRESSIVE WITH IT, BUT WE WILL EDUCATE EVERYBODY TO THE FACT THAT IT IS NOW -- WELL, WE HOPE IT WILL SOON BE A VIOLATION.
IT IS A REAL PUBLIC NUISANCE.
WE GET COMPLAINTS CONTINUALLY.
THAT VIDEO THAT YOU SAW WAS JUST A THREE-MINUTE CLIP OF SOMETHING THAT HAPPENS ON A CONTINUING BASIS, EVERY THURSDAY, FRIDAY, SATURDAY, LITERALLY THOUSANDS OF THESE END UP ON THE STREETS OF YBOR AND THROUGHOUT THE NEIGHBORHOOD ON 6TH, 7TH, AND 8TH AVENUE.
>>CHARLIE MIRANDA: THANK YOU VERY MUCH.
>>MARY ALVAREZ: MR. DOHERTY, MR. HOWDEN MENTIONED THE FLIERS BEING PUT ON CARS.
HOW DO YOU PLAN TO ENFORCE THAT?
ARE YOU GOING TO HAVE A STAFF MEMBER GOING OUT THERE AND MAKING SURE --
>> THERE, AGAIN, PARTICULARLY WITH FLIERS, HE HAD MENTIONED THAT TO ME EARLIER.
WE INTENT TO PERSONALLY VISIT THE INDIVIDUAL ESTABLISHMENTS WHO ARE SENDING OUT THOSE FLIERS AND ADVISE THEM THAT THEY ARE CREATING A PUBLIC NUISANCE.
SO WE WILL BE ADDRESSING THOSE AS WELL.
>>MARY ALVAREZ: GOOD.
THANK YOU.
>>LINDA SAUL-SENA: EXPLAIN HOW -- YOU'LL GIVE PEOPLE A WARNING AND THE NEXT OFFENSE THEY GET TICKETED ON THE SPOT?
>> THE FLORIDA STATUTES REQUIRE US TO GIVE INDIVIDUALS NOTICE BEFORE WE ISSUE THEM A CITATION AND TAKE THEM TO COURT.
SO THE PROCESS GOES -- OUR INSTANT CITATIONS NOW ACTUALLY ARE BOXED OFF AND ONE SAYS WARNING AND THEN NEXT TO THAT IS NOTICE OF VIOLATION.
SO WE WILL DOCUMENT IF SOMEONE HAS ALREADY BEEN GIVEN A WARNING AND IF THEY HAVE, THEN THEY WILL GET THE NOTICE AND THEN SUBSEQUENTLY -- SUBSEQUENT VIOLATIONS WILL END UP WITH A CRIMINAL REPORT AFFIDAVIT AND WILL APPEAR BEFORE A CIRCUIT COURT.
>>LINDA SAUL-SENA: WHAT IS THE FINE?
>> STARTS OFF 250, 500, 750, THOUSAND.
IT'S GOING TO BE ULTIMATELY AT THE DISCRETION OF THE JUDGE.
>>MARY ALVAREZ: GOING BACK TO THE JUDGE, HAVE YOU HAD THE MEETING WITH THE CIRCUIT JUDGE YET?
>> YES, WE DID.
AS A MATTER OF FACT, MR. PALERMO AND DEPUTY CITY ATTORNEY GINA GRIMES AND MYSELF MET WITH JUDGE DOMINGUEZ YESTERDAY.
IT WAS A VERY PRODUCTIVE MEETING.
AND WE FULLY INTEND TO START INTRODUCING CASES INTO HILLSBOROUGH COUNTY COURT SOMETIME IN MID NOVEMBER, MAYBE EARLY DECEMBER.
WE'RE GOING TO CONDUCT A TRAINING PROGRAM WITH OUR STAFF.
WE HAVE 32 INSPECTORS ON STAFF.
WE'RE GOING TO -- MR. PALERMO WILL MAKE HIS STAFF WORK -- COUPLE CITATION CLASSES, GO OVER DUE PROCESS.
IT WAS A VERY PRODUCTIVE MEETING AND ONE OF THE THINGS THAT WAS OF CONCERN TO US WAS THE KIND OF VOLUME THAT WE'RE GOING -- THAT WE MAY BE TAKING INTO THE COURT AND JUDGE DOMINGUEZ ADVISE US THAT VOLUME IS NOT A PROBLEM.
WE HOPE THAT WILL BE A VERY SUCCESSFUL ALTERNATIVE THAT WE CAN USE FOR ESPECIALLY REPEAT OFFENDERS.
MOST INDIVIDUALS, AS YOU KNOW, COMPLY 75% OF THE INDIVIDUALS COMPLY.
BUT THERE'S THAT 30 -- 25 TO 30% WHO JUST NEED TO GO IN FRONT OF A JUDGE SOMETIMES TO GET THEM TO COMPLY.
>>MARY ALVAREZ: DID JUDGE DOMINGUEZ ASSIGN A JUDGE TO THIS ALREADY?
OR IS HE PLANNING TO DO THAT?
OR IS HE GOING TO HAVE A COUPLE OF JUDGES?
>> I THINK THEY'RE PLANNING TO USE THE PRESENT SYSTEM.
USE THE SYSTEM THAT'S IN PLACE.
USING THE CURRENT SYSTEM THAT THEY HAVE.
AND HE BELIEVES THAT THEY ARE GOING TO BE ABLE TO HANDLE WHAT WE PRESENT TO THEM.
IF THEY CAN'T, THEN HE IS OVER THE ENTIRE ADMINISTRATIVE BRANCH OF THAT OF THE COURTS.
AND THEY HAVE TO ACCOMMODATE IN ANOTHER WAY, THEY WILL.
>> LAST THING I WOULD LIKE TO INTRODUCE VINCE PARDO, PRESIDENT OF THE YBOR CITY DEVELOPMENT CORPORATION.
>> GOOD MORNING, COUNCIL MEMBERS.
VINCE PARDO, PRESIDENT OF YBOR CITY DEVELOPMENT CORPORATION.
THIS WEEK, THE YBOR CITY DEVELOPMENT CORPORATION ON TUESDAY AFTERNOON UNANIMOUSLY APPROVED AND SUPPORTED THIS PROVISION OF THESE -- OF THE ORDINANCE AND THE METHODOLOGY FOR ENFORCEMENT.
ON TUESDAY -- EXCUSE ME, WEDNESDAY MORNING, THE YBOR COALITION ALSO FOLLOWED SUIT, UNANIMOUSLY APPROVED THAT.
WE -- THE AREA WITH NOTICES TO ALL PROPERTY OWNERS.
WE WALKED INTO ESTABLISHMENTS AND HANDED IT TO AN EMPLOYEE OR PUT IT IN MAYOR MAILBOX.
ALL THE BUSINESS ESTABLISHMENTS WERE FLAGGED THAT WEDNESDAY MORNING THEY COULD COME TO OUR OFFICE, HEAR JODI'S PRESENTATION, AIR THEIR CONCERNS, WHATEVER, AND THEY WERE ALL ADVISED ABOUT TODAY'S MEETING AS WELL.
SO WE FEEL LIKE WE'VE DONE A GOOD JOB ADVISING EVERYONE.
NO ONE CAME ON WEDNESDAY MORNING IN ANY WAY TO OBJECT.
IT WAS ALL FAVORABLE.
THE YBOR COALITION IS COMPRISED OF ALMOST EVERY MAJOR STAKE HOLDER IN YBOR CITY, INCLUDING BAR AND RESTAURANT, RETAIL, THE AGENCIES THERE SUCH AS THE MUSEUM, HCC AND THE CHAMBER AS WELL.
BOTH OF THOSE APPROVALS I WANT TO FLAG ALSO AND SUPPORT WHAT JOE HOWDEN AND PAUL SAID.
BOTH OF THE APPROVALS ALSO CARRIED A RECOMMENDATION THAT YOU STRONGLY CONSIDER A BAN OF ALL ADHESIVE BACK MATERIALS IN THE DISTRICT.
THIS SEEMS TO BE CAUSING MORE PROBLEMS THAN SOME OF THE PROBLEMS WE TALKED ABOUT.
THEY CAUSE A PROBLEM AS FAR AS THE AESTHETICS AND THE MANPOWER IT TAKES TO REMOVE THOSE AS WELL.
TO SUMMARIZE, YOU'VE HEARD TESTIMONY THIS MORNING ABOUT AESTHETICS IN THE DISTRICT.
AND AS YOU KNOW, WE'RE GETTING STARTED TO EMPLOY AND LATER SPIN OFF TO THE MERCHANTS IN YBOR CITY PAYING FOR A TEAM THROUGH THE ASSESSMENT THEY ARE DELIBERATING ON RIGHT NOW.
THE MORE PAMPHLETS WE HAVE, MORE IT'S GOING TO COST THEM AND US TO CLEAN UP THE DISTRICT.
IT'S A BIG PART OF MANUALLY HAVING TO DO THAT BECAUSE THE STREET SWEEPERS WON'T PICK IT UP IN A LOT OF AREAS.
YOU HEARD CONCERNS ABOUT FLOODING.
AGAIN, TALKED WITH ALMOST EVERY ONE OF BUT THOSE KIND OF ISSUES.
IT WAS DEFINITELY A CONTRIBUTING FACTOR.
WHEN YOU GO BEHIND THE ALLEY BEHIND THE AMPHITHEATER, THERE'S ONE GRATE THERE.
ABOUT 80% OF THAT WAS COVERED WITH DEBRIS AND PAMPHLETS, GO INTO THAT ALLEY BECAUSE IT IS KINDS OF A LOW POINT AND DOES FLOW.
WE REALLY WANT TO HIGHLIGHT THAT POINT AS WELL.
SO I HOPE YOU CONSIDER THIS FAVORABLY.
IT'S A LONG TIME IN COMING.
I THINK, AS JOE SAID, A LOT OF US WOULD LIKE TO SEE A TOTAL BAN.
WHAT YOU HAVE HERE IS THE BEST THE LEGAL DEPARTMENT CAN SUPPORT NEWS COURT IF WE GET CHALLENGED ON IT.
AND I THINK IT WILL HAVE A MAJOR DRAMATIC IMPACT ON THE CORE OF THE DISTRICT.
>> JUST FOR YOUR REFERENCE, UNDER TAB "G" IS A COPY OF THE PUBLIC NOTICE AND WHAT VINCE GAVE OUT TO THE PROPERTY OWNERS IN THE DISTRICT.
AND THAT CONCLUDES MY PRESENTATION.
>>CHARLIE MIRANDA: SOUNDS LIKE YOU'RE SET FOR AN ARGUMENT SOMEWHERE.
ANYONE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK ON ITEM NUMBER 7, PAGE 2?
THAT GENTLEMAN THAT CAME UP FIRST -- THAT'S NOT WHAT YOU WANTED TO DISCUSS?
>> [ INAUDIBLE ]
>>CHARLIE MIRANDA: YES, SIR.
>> MY NAME IS MOSES KNOTT, JR..
I RESIGN AT 2902 EAST ELLICOTT.
I THANK GOD FOR HIS GRACE AND HIS MERCY TO ENABLE A POOR MAN LIKE ME TO COME UP AND PEEK ON A BIG ISSUE LIKE THIS.
YOU KNOW WHAT THIS HERE THING REALLY BLOW MY MIND.
I TOLD YOU ALL, YOU ALL WASTE YOUR TIME.
YOU ALL DEAL WITH THE LAW SO HEAVY.
HOW MUCH CAN YOU CHARGE PEOPLE FOR THROWING DOWN A FLIER.
LET ME EDUCATE YOU ABOUT YBOR CITY.
I COME TO YBOR CITY WHEN I WAS A YOUNG BOY.
YOUR FAMILY -- THAT'S ALL THE PEOPLE DO, COME THERE IN YBOR CITY.
THE ONLY TIME THEY QUIT WALKING, THEY WALK UP AND GET THEM A BEER OR SANDWICH OR WHATEVER THEY WANT.
WHEN THEY GET THROUGH EATING IT, THEY THROW IT DEAD TO THE GROUND.
YOU TELLING ME THERE AIN'T NOTHING ON THE GROUND OVER THERE BUT FLIERS.
BRINGING THE CODE ENFORCEMENT IN ON THAT.
I'LL TELL YOU SOMETHING, ABOUT FIVE YEARS AGO, ME AND MR. JIMMY GRAY, THAT'S A MAN THAT -- HE LIKE ME.
THAT MAN HELP PUT ALL OF EAST TAMPA TOGETHER OVER THERE.
ALL THE HOUSING AND EVERYTHING.
THAT MAN HELPED CREATE ALL THAT.
ME AND HIM SITTING AT A TABLE LATE AT NIGHT DISCUSSING IT.
WE COME UP WITH A DEAL, WHAT CAN WE DO WITH ALL THE BEER BOTTLES UP 29TH STREET, ALL OVER TOWN WE HAVE THIS PLAN.
ALL OVER TOWN.
BIG IN YBOR CITY.
WHAT CAN WE DO ABOUT IT?
ME AND HIM COME UP WITH A DEAL.
WE CAN TAKE THESE 55-GALLON DRUMS AND PAINT THEM AND PUT THEM EVERY 200 FOOT OR 100 FOOT.
IF SOMEBODY WANTS TO THROW A BEER CAN OR BEER BOTTLE, THEY WILL THROW IT IN THAT CAN.
YOU KNOW, I HAVE A THING WITH THIS -- ALL OVER THIS TOWN PUSHING THE POOR PEOPLE OUT, IF A POOR MAN OWN 10, 15 STORAGE AREA.
I HATE THIS THING BECAUSE CAN HE NOT FIX HIS HOUSE, YET HE CAN FIND -- WHEN THAT HOUSE WAS BUILT, HE FIND AN OLD WINDOW, OLD DOOR.
I KNOW THE RICH PEOPLE -- THEY HAVE AN OLD BUILDING THEY WANT TO GET RID OF, THEY BURN IT DOWN.
I MEAN, ABOUT URN IT DOWN.
WHAT ABOUT THE BLUE RIBBON?
PEOPLE COMING IN PAYING 5 MILLION DOLLARS.
FOR THAT BUILDING.
WHAT HAPPENED TO IT?
WENT UP IN SMOKE.
NO WHY?
THEY DIDN'T WANT THAT BUILDING FROM DAY ONE.
THEY WANTED THAT LOT THERE.
I DISAGREE WITH THE WHOLE ENTIRE THING.
YOU ALL ARE WASTING YOUR TIME ON NOTHING HERE.
YOU GO TO YBOR CITY, YOU'LL SEE THE FLIER, YOU'LL SEE BEER BOTTLES, SANDWICH BAGS, EVERY KIND THING IN THE WORLD, CONDOMS, EVERYTHING, ALL OVER THE STREET.
EVERYTHING GOES ON OVER THERE.
YOU ALL ORGANIZE THAT THING, PUT THOSE GARBAGE CANS DOWN THERE, PAINT THEM, MAKE THEM LOOK GOOD, AND THEN -- THE MAYOR DONE SOME DOGGONE GOOD THINGS IN THIS TOWN DEALING WITH THEM PRISONERS.
PUT THEM 55-GALLON, AND DUMP THEM -- AND MOVE IT.
I MEAN, WE CAN CALL THE -- COST THE CITY NO MONEY AT ALL.
PUT THEM PRISONERS DOWN THERE WITH BROOMS AND BROOMING THAT STREET.
THEY ARE SITTING IN JAIL DOING NOTHING BUT PLAYING BASKETBALL.
THAT'S ONE THING THE MAYOR CREATED ALL IN THE NEIGHBORHOOD.
I'M TELLING MS. MILLER THAT.
I SAID, MS. MILLER, PLEASE GET THE MAYOR PROGRAM SO THEY KILL ALL THOSE WEEDS ON THOSE BLOCKS.
THEY ARE SIX-FOOT HIGH.
I WISH YOU WOULD DO SOMETHING ABOUT THAT.
>>CHARLIE MIRANDA: ANYBODY CARE TO SPEAK ON ITEM 7, PAGE 2?
>> T. HIJUANA WITH HARPO'S IN YBOR.
AND HARPO'S SUPPORTS THIS ORDINANCE ALL THE WAY, AS WELL AS THE SOUND ORDINANCE.
>>CHARLIE MIRANDA: THANK YOU VERY MUCH.
ANYONE ELSE IN THE AUDIENCE CARE TO SPEAK ON ITEM 7, PAGE 2?
MOTION TO CLOSE THE PUBLIC HEARING.
FURTHER DISCUSSION BY COUNCIL MEMBERS?
ALL IN FAVOR OF THE MOTION, INDICATE BY AYE.
[MOTION CARRIED UNANIMOUSLY]
MS. SAUL-SENA, WILL YOU TAKE ITEM 7, PLEASE.
>>LINDA SAUL-SENA: MOVE AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, AMENDING CITY OF TAMPA CODE CHAPTER 6, BUSINESS REGULATIONS, ARTICLE 1, ADMINISTRATIVE PROVISIONS, DIVISION 1, GENERAL PROVISIONS, ADMINISTRATIVE AUTHORITY, SECTION 6-4, DEFINITIONS, BY ADDING THERETO DEFINITIONS FOR OFF-PREMISES CANVASSING, PERMIT HOLDER, BUSINESS, CORNER OR STREET CORNER, OPC, SIDEWALK, YBOR CITY HISTORIC DISTRICT AND STREET, AMENDING ARTICLE 3, SPECIFIC REGULATIONS AND REQUIREMENT BY ENACTING DIVISION 8 ENTITLED OFF-PREMISES CANVASSING IN THE YBOR CITY HISTORIC DISTRICT AMENDING CHAPTER 19, PROPERTY MAINTENANCE AND STRUCTURAL STANDARDS BY ENACTING A SECTION ALLOWING CITATION FOR OFF-PREMISES CANVASSING VIOLATIONS; PROVIDING FOR APPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
>>CHARLIE MIRANDA: MOTION BY MS. SAUL-SENA.
I HAVE A SECOND.
ALMOST A TIE BETWEEN MS. ALVAREZ AND MR. BUCKHORN.
MS. ALVAREZ WAS AHEAD OF MR. BUCKHORN.
ALL IN FAVOR OF THAT MOTION, INDICATE BY AYE.
[MOTION CARRIED UNANIMOUSLY]
>>LINDA SAUL-SENA: MOVE TO ADOPT NUMBER 7.
>>CHARLIE MIRANDA: MOTION FOR ADOPTION BY MS. SAUL-SENA AND AGAIN BY A HUNDREDTH OF A SECOND FERLITA BEAT OUT ALVAREZ.
ROLL CALL VOTE.
VOTE AND RECORD.
>>CLERK: MOTION CARRIED UNANIMOUSLY.
>>ROSE FERLITA: AS CRA CHAIRMAN, I'M EXCITED THAT WE'RE FINALLY HERE.
AND ALL OUR COMMUNITY LEADERS IN YBOR CITY WORKED VERY HARD.
I APPRECIATE THAT.
MR. DOHERTY, THE REST OF THE DEPARTMENT HEADS AND PARTICULARLY YOUR PRESENTATION WAS INCREDIBLE.
THANK YOU FOR ALL YOUR WORK, MS. POLL LACK.
>>CHARLIE MIRANDA: THANK YOU FOR ATTENDING.
I HAVE TO PENALIZE MYSELF.
I HAVE A TEST HERE FOR ON AND OFF.
AND I CAN'T TELL ON AND OFF.
SO I HAVE TO TELL MYSELF, LEAVE THE MIKE ON.
ITEM NUMBER 8, ANYONE IN THE AUDIENCE NEED TO SPEAK ON ITEM NUMBER 8, PAGE 2?
>> GOOD MORNING, MR. CHAIRMAN, COUNCIL MEMBERS.
DAVID MECHANIK HERE ON BEHALF OF THE AGENCY FOR COMMUNITY TREATMENT.
AS COUNCIL RECALLS, THIS ITEM WAS APPROVED UNANIMOUSLY ON FIRST READING TWO WEEKS AGO AT A PUBLIC HEARING.
I DO NOT HAVE AN ADDITIONAL PRESENTATION THIS MORNING.
I WOULD LIKE TO INCORPORATE BY REFERENCE ALL OF THE TESTIMONY AND EVIDENCE THAT WAS PRESENTED AT THE HEARING ON SEPTEMBER 14TH INTO THE HEARING OF THE PROCEEDINGS THIS MORNING.
I WOULD LIKE TO JUST OUT OF AN ABUNDANCE OF CAUTION, I WOULD LIKE TO INTRODUCE TWO DOCUMENTS INTO THE RECORD WHICH WILL FORM THE BASIS FOR OUR CALCULATIONS REGARDING THE DISTANCE WAIVER.
WE HAD PRESENTED TESTIMONY INDICATING THAT THE PREDOMINANT USES BETWEEN OUR PROPOSED USE AND THE DACCO FACILITY APPROXIMATELY 8 -- 1800 FEET AWAY PREDOMINANT LAND USE WITHIN THAT AREA WAS COMMERCIAL.
AND WHAT I WOULD LIKE TO DO IS JUST INTRODUCE FOR THE RECORD AN EXISTING LAND USE MAP PREPARED BY THE HILLSBOROUGH COUNTY CITY-COUNTY PLANNING COMMISSION.
AND THE PROPERTY APPRAISER'S MAP ALONG WITH DATA FROM THE PROPERTY APPRAISER'S OFFICE INDICATING THE LAND AREA AND USE TYPE OF THE PROPERTIES WITHIN THE TWO USES.
SO I WOULD LIKE TO INTRODUCE THOSE AT THIS TIME.
>>CHARLIE MIRANDA: MOTION TO RECEIVE AND FILE BY MS. FERLITA.
SECOND BY MS. ALVAREZ.
FURTHER DISCUSSION?
ALL IN FAVOR, INDICATE BY AYE.
[MOTION CARRIED UNANIMOUSLY]
>> AND AT THIS TIME, WHAT I WOULD LIKE TO DO IS JUST RESERVE AN OPPORTUNITY FOR ANY REBUTTAL AND TO ANSWER ANY QUESTIONS.
THANK YOU.
>>CHARLIE MIRANDA: ANYONE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK FOR OR AGAINST ITEM 8, PAGE 2?
>> MR. CHAIRMAN, MEMBERS OF THE COUNCIL, MY NAME IS RONALD WEAVER, 401 EAST JACKSON STREET, TAMPA.
AND I REPRESENT THE ADT COMPANY, WHICH IS BAYSIDE AUTOMOTIVE AUCTION WHICH OWNS 32 ACRES IMMEDIATELY NORTH AND IMMEDIATELY EAST OF THIS PROPOSED FACILITY.
AND WE'RE VERY FOND OF AND VERY PROUD OF OUR GOOD NEIGHBORS WHO ARE UNDERTAKING THESE VITAL PUBLIC FUNCTIONS WHICH ALL OF OUR COMMUNITY NEED.
AND WE WOULD HOPE THAT THE LAWS THAT ENABLE US TO DEAL WITH THE APPROVAL OF THOSE FACILITIES MIGHT ALSO BE SOMETHING THAT WE COULD UNDERSTAND AND HONOR.
THE BAYSIDE AUTOMOTIVE FACILITY REPRESENTED HERE TODAY BY MR. JEFF EBERHART, WHO IS IN THE AUDIENCE, WAS NOT MADE AWARE OF THIS EXCEPT BY A NOTICE THAT WAS SENT INVOLVING NORTH OF BLOOMINGDALE AVENUE.
THE NOTICE IS ALL THAT THEY RECEIVED AT THEIR CORPORATE HEADQUARTERS, WHICH I WOULD LIKE PERMISSION TO OFFER INTO THE RECORD AS THE ONLY NOTICE OF THIS UNDERTAKING THAT THEY RECEIVED.
>>CHARLIE MIRANDA: ARE THERE ANY OTHER NOTICES THAT ARE REQUIRED?
>> AS A MATTER OF FACT, THAT'S WHAT I WOULD LIKE TO SPEAK TO, PLEASE, IS WHAT WOULD BE FAIR TO ALL THE CITIZENS OF TAMPA.
>>CHARLIE MIRANDA: MAYBE I'M MISLEADING YOU IN A WAY.
TO YOUR KNOWLEDGE, VERY SMART INDIVIDUAL, VERY ASTUTE ATTORNEY AND VERY POPULAR ATTORNEY, CAN YOU TELL THIS COUNCIL IF THERE'S ANY OTHER NOTICES THAT ARE REQUIRED BY LAW?
>> LET ME SPEAK TO THAT AND THEN I'LL OFFER THIS IN EVIDENCE.
>>CHARLIE MIRANDA: LET ME TAKE THAT INTO EVIDENCE FIRST.
I HAVE A MOTION MADE BY MR. BUCKHORN.
SECOND BY MS. ALVAREZ.
ALL IN FAVOR, INDICATE BY AYE.
[MOTION CARRIED UNANIMOUSLY]
YES, SIR.
>> I'D LIKE TO OFFER THE CITY CODE AS IT'S BEEN FOR THE LAST 25 YEARS TO THIS SUBJECT TO PROXIMITY TO THESE KIND OF FACILITIES IF I MAY, PLEASE, MR. CHAIRMAN.
>>CHARLIE MIRANDA: MOTION TO RECEIVE AND FILE THE DOCUMENT BY MS. ALVAREZ.
SECOND BY MR. BUCKHORN.
FURTHER DISCUSSION BY COUNCIL MEMBERS?
[MOTION CARRIED UNANIMOUSLY]
>> 25 YEARS, AS WE UNDERSTAND IT, AND AS THE LIBRARY CONTAINED COPIES OF THESE PROVISIONS ABOUT THE PROXIMITIES OF THESE KIND OF FINE FACILITIES AND NECESSARY FACILITIES, TOP OF THE PAGE IT SAYS, NO SUCH USE SHALL BE ESTABLISHED WITHIN 2,000 FEET OF ANOTHER SUCH USE.
DISTANCES SHALL BE MEASURED FROM PROPERTY LINE TO PROPERTY LINE ALONG THE SHORTEST DISTANCE BETWEEN PROPERTY LINES REGARDLESS OF THE NORMAL TRAVELED ROUTE.
THIS SPECIFIC STANDARD SHALL NOT BE WAIVED.
NOW, WE HAVE BEEN ADVISED THAT APPARENTLY THERE HAS BEEN A PETITION BY THE SAME APPLICANT TO WAIVE IT BY THE STEP OF A TEXT AMENDMENT, WHICH MAY BE FINE AND WHICH WE'RE NOT CERTAIN EXACTLY HOW THAT MIGHT WORK.
WHAT WE WOULD RESPECTFULLY REQUEST IS THAT THE FOLKS WHO MIGHT BE NEXT DOOR AND HAVE SOME PROPERTY OR SOME INTEREST WOULD AT LEAST BE GIVEN SOME NOTICE OF THIS CHANGE.
AND WHILE IT IS TRUE THAT SOME LAWYERS MAY SAY, WELL, THE NEWSPAPER CONTAINS IT.
WHEN IT SAYS SECTION 27.272 AND OTHER THINGS WILL BE AMENDED AT A CERTAIN TEXT AMENDMENT.
BUT IF YOU HAVE A PARTICULAR APPLICANT'S AGENT APPLYING FOR THE TEXT AMENDMENT AND THEN FOR THE PARTICULAR CHANGE THAT IT SAYS IN YOUR CODE FOR 25 YEARS, YOU CAN'T CHANGE, NO WAIVER SHALL BE PROVIDED, IT WOULD SEEM LIKE PROCESS MIGHT HAVE YOU AT LEAST NOTICE WITHOUT MENTIONING BLOOMINGDALE AVENUE.
BLOOMINGDALE AVENUE INSTEAD OF OUR NEIGHBORHOOD THAT SAYS CORRECTLY 50TH, 3225-50TH, SOUTH OF 26TH, THERE'S GOING TO BE A TEXT AMENDMENT PROPOSED IN CONJUNCTION WITH AN S-2 VARIATION COMING JUST AFTER IT, A FEW DAYS OR WEEKS AFTER IT, AND YOU WOULD LIKE TO SPEAK TO THAT TEXT AMENDMENT THAT WILL IN EFFECT WAIVE A CODE THAT YOUR CODE FOR 25 YEARS SAID COULD NOT BE WAIVED.
THAT'S ALL WE'RE SEEKING.
AFTER THAT IS HEARD, MAYBE THESE THREE REQUIREMENTS WITHIN THIS ALLEGED AMENDMENT THAT HAS BEEN MENTIONED BY THE APPLICANT, MAYBE EXPERT TESTIMONY AND COMPETENT SUBSTANTIAL EVIDENCE COULD COME IN HERE AND SHOW THE THREE INGREDIENTS.
THE BURDEN WOULD BE ON THE APPLICANT EVEN IF THE CODE WAS AMENDED AND THE NOTICE DID GIVE PEOPLE FAIR NOTICE TO KNOW WHAT'S BEING DONE TO THEIR CODE OF 25 YEARS.
>>CHARLIE MIRANDA: I'LL ASK MR. MECHANIK TO COME UP AND ADDRESS IT.
THIS COUNCIL, IF I REMEMBER, I THINK IT WAS UNANIMOUS VOTE, WAIVED THE DISTANCE REQUIREMENT IN THIS LOCATION SOME TIME BEFORE THIS WAS HEARD FROM 2,000 TO 1800 FEET IF I RECALL.
SOMETHING TO THAT NATURE OF FOOTAGE.
I DON'T KNOW THE WHOLE THING OF IT BECAUSE I'VE GOT 10,000 THINGS IN MY MIND RIGHT NOW.
>> MR. CHAIRMAN, FOR THE RECORD, DAVID MECHANIK.
THERE'S SOME CONFUSION.
MR. WEAVER OBVIOUSLY WAS NOT AT THE HEARING AND I DON'T THINK HE'S AWARE OF ALL THE FACTS.
THERE WAS A TEXT AMENDMENT THAT WAS APPROVED BY CITY COUNCIL SEVERAL MONTHS AGO.
IT WAS NOT A COMPANION, PER SE, TO THIS PARTICULAR APPLICATION.
IT WAS CERTAINLY ASKED FOR BY OUR CLIENT, BUT THAT WAS A TEXT AMENDMENT APPROVED BY CITY COUNCIL AS A NORMAL TEXT CHANGE TO THE ZONING CODE OF THE CITY OF TAMPA.
ALL APPROPRIATE NOTICE WAS GIVEN FOR THAT TEXT AMENDMENT, AND INDIVIDUAL NOTICE FOR A TEXT AMENDMENT IS NOT REQUIRED.
>>CHARLIE MIRANDA: LET ME ASK YOU THIS.
WHEN YOU SAY NOT REQUIRED, IN THE NOTICE TO THE NEIGHBORHOOD BEING THIS CASE OR ANY OTHER CASE WHEN SOMETHING OF A NEXT AMENDMENT AND NATURE HAPPENS, ARE YOU REQUIRED IN YOUR NOTICE PROVISIONS TO SET OUT THE CHANGE OF A TEXT AMENDMENT DURING THAT PERIOD OF TIME WHEN YOU NOTIFY FOR A HEARING?
>> NO, SIR.
NOT THAT I'M AWARE OF.
CERTAINLY YOUR LEGAL DEPARTMENT IS THE BEST EVIDENCE OF THE CITY REQUIREMENT, BUT I'M NOT AWARE OF ANY INDIVIDUAL NOTICE REQUIREMENT.
>>LINDA SAUL-SENA: I WAS THINKING MAYBE MS. ZELMAN COULD ANSWER THAT.
>>ANDREA ZELMAN: ANDREA ZELMAN, LEGAL DEPARTMENT.
YES, THE TEXT AMENDMENT THAT WE'RE TALKING ABOUT WAS A CITYWIDE CHANGE.
IT DIDN'T APPLY JUST TO THIS PARTICULAR PROPERTY.
IT WAS CITYWIDE.
AND SO, NO, IT DOESN'T INVOLVE -- IT DOESN'T REQUIRE INDIVIDUAL NOTICE TO PROPERTY OWNERS BEING THAT IT'S APPLICABLE CITYWIDE.
>>CHARLIE MIRANDA: THANK YOU VERY MUCH.
>> DAVID MECHANIK AGAIN.
AND ALSO TO SPEAK TO THE INDIVIDUAL NOTICE, THE NOTICE THAT MR. WEAVER PASSED OUT SHOWED A GENERAL LOCATION.
THERE ALSO IS ATTACHED TO THAT NOTICE A LEGAL DESCRIPTION WHICH VERY, VERY PARTICULARLY DESCRIBES THIS PIECE OF REAL ESTATE AND SHOWS THE NAME OF THE SUBDIVISION.
SO ANYONE, EVEN IF THEY DIDN'T KNOW HOW TO READ A LEGAL DESCRIPTION COULD LOOK AT THE LEGAL AND SEE THE NAME OF THE SUBDIVISION AND REALIZE THAT THIS PIECE OF PROPERTY IS WITHIN WALKING DISTANCE OF THEIR OWN PIECE OF PROPERTY.
I WOULD ALSO POINT OUT THAT IN ACCORDANCE WITH THE CODE REQUIREMENTS THAT A SIGN WAS POSTED PROMINENTLY IN THE FRONT OF THE PROPERTY SO ANYONE ENTERING OR EXITING THE AUTO AUCTION AT SOME POINT WOULD HAVE EASILY BEEN ABLE TO SEE THIS SIGN AND UNDERSTOOD THAT A HEARING WAS GOING TO TAKE PLACE.
THAT SIGN IS REQUIRED TO BE PLACED IN FRONT OF THE PROPERTY 15 DAYS BEFORE THE HEARING.
BUT ALSO I WOULD LIKE TO POINT OUT THAT MR. EBERHART WHEN HE APPEARED TWO WEEKS AGO ACKNOWLEDGED THAT HIS COMPANY RECEIVED NOTICE.
IT'S JUST HE PERSONALLY DIDN'T HAVE THAT FILTER BACK DOWN TO HIM IN TIME ACCORDING TO HIS SCHEDULE.
HOWEVER, COUNCIL OFFERED AND WE OFFERED TO MEET WITH THEM WITHIN THE TWO-WEEK PERIOD BETWEEN LAST -- FIRST READING AND TODAY.
WE DID NOT RECEIVE ONE PHONE CALL FROM THEM, ALTHOUGH WE DID TRY AND CALL THEM YESTERDAY AFTERNOON TO SEE IF THEY HAD ANY FURTHER CONTINUING CONCERNS.
LET ME JUST SPEAK TO A COUPLE OF OTHER COMMENTS, AND I'LL BE VERY BRIEF.
THERE WAS TESTIMONY AND EVIDENCE, SPECIFICALLY AND AFFIRMATIVELY ADDRESSING THE WAIVER CRITERIA.
AND WE BELIEVE WAS MORE THAN SUFFICIENT AND COMPETENT, SUBSTANTIAL EVIDENCE SUFFICIENT TO SUPPORT THE WAIVER.
AND THAT THE COUNCIL'S ACTION WAS ENTIRELY APPROPRIATE BASED ON THAT EVIDENCE AND TESTIMONY.
I HAVE NOTHING FURTHER.
>>CHARLIE MIRANDA: ANYONE IN THE AUDIENCE WHO HAS NOT SPOKEN PRIOR BUT WOULD LIKE TO SPEAK.
>>LINDA SAUL-SENA: MR. MECHANIK, I HAVE A QUESTION, WHY WAS THE NOTICE OF THIS MEETING SENT TO THE BLOOMINGDALE AVENUE ADDRESS?
>> JUST QUICKLY CHECKING THROUGH THE FILE, I THINK THAT THE DESCRIPTION -- THE GENERAL LOCATION, DESCRIPTION CAME OFF OF ANOTHER NOTICE THAT OUR OFFICE HAD SENT OUT.
HOWEVER, AGAIN, I BELIEVE AND I WOULD WELCOME THE LEGAL DEPARTMENT TO COMMENT ON THIS.
THE LEGAL DESCRIPTION, GIVEN THAT IT APPROPRIATELY DESCRIBES THE PROPERTY IN QUESTION IS MORE THAN ADEQUATE TO PROVIDE APPROPRIATE NOTICE TO THE ADJACENT PROPERTY OWNER.
>>CHARLIE MIRANDA: I'LL REFER TO LEGAL.
>>ROSE FERLITA: MR. MECHANIK, BRIEFLY REPEAT THAT.
I THINK I WAS TALKING TO HER AND SHE MAY NOT HAVE HEARD THE QUESTION.
>> THE GENERAL LOCATION ON THE FRONT OF THE NOTICE GIVES WHAT I BELIEVE -- I JUST REALIZED THIS IN LOOKING THROUGH THE FILE, THE DIFFERENT GENERAL LOCATION FOR THE PROPERTY.
HOWEVER, ATTACHED TO THAT NOTICE IS THE EXACT LEGAL DESCRIPTION OF THE SUBJECT PROPERTY.
AND YOU CAN REVIEW THAT LEGAL DESCRIPTION AND CLEARLY UNDERSTAND AND IDENTIFY WHAT PROPERTY WOULD HAVE BEEN SUBJECT TO THE SPECIAL USE APPLICATION.
AND ON THAT BASIS, WE BELIEVE THAT THE NOTICE WOULD HAVE BEEN APPROPRIATE.
>>ANDREA ZELMAN: WHEN YOU SAY THE DIFFERENT GENERAL LOCATION?
>> THE FRONT OF THE NOTICE HAS -- YOU'RE SUPPOSED TO PUT A GENERAL LOCATION OF THE PROPERTY, AND IT HAD INDICATED -- A DIFFERENT LOCATION, ALTHOUGH NOT A SPECIFIC ENOUGH LOCATION THAT YOU WOULD ACTUALLY BE ABLE TO IDENTIFY WHERE THAT WAS.
BUT IT DOES CONTAIN A LEGAL DESCRIPTION WHICH LEGALLY DESCRIBES THE PROPERTY.
>>ANDREA ZELMAN: IF YOU COULD JUST GIVE ME A MINUTE TO LOOK AT THIS.
>>SHAWN HARRISON: DOES THIS FACILITY PROPOSE TO HAVE ANY TYPE OF APARTMENTS OR ANY TYPE OF ON-SITE LIVING QUARTERS?
>> YES.
WOULD YOU NOT CALL THEM APARTMENTS.
THEY REFER TO THEM ESSENTIALLY AS HOSPITAL BEDS.
THERE WOULD BE UP TO 115 BEDS FOR OVERNIGHT TREATMENT.
WHICH IS TYPICAL OF THIS TYPE OF FACILITY.
>>CHARLIE MIRANDA: MR. BUCKHORN.
>>BOB BUCKHORN: MR. MECHANIK.
WHERE EXACTLY IS BLOOMINGDALE AVENUE AND DOVER STREET IN RELATION TO THIS FACILITY?
>> IT'S A CONSIDERABLE DISTANCE AWAY.
>> IT'S IN BRANDON.
>> YES, CORRECT.
RIGHT.
>>BOB BUCKHORN: THAT'S WHAT I THOUGHT.
>>SHAWN HARRISON: I DON'T EVEN THINK THAT'S CONSIDERED BRANDON.
>> MR. EBERHART CLEARLY RECEIVED NOTICE OF THE HEARING AS HE WAS PRESENT AT FIRST READING.
I BELIEVE THAT'S CONSIDERED A WAIVER OF THE NOTICE REQUIREMENT.
>>LINDA SAUL-SENA: MR. MECHANIK, WAS THE PROPERTY POSTED WITH THE NOTICE?
>> YES, MA'AM, IT WAS.
IT WAS POSTED IN ACCORDANCE WITH THE CITY CODE.
>>LINDA SAUL-SENA: FACING 50TH?
>> FACING 50TH STREET, YES.
LARGE SIDE.
I HAVE THE PHOTOGRAPHS OF THAT.
>>SHAWN HARRISON: DOES THE NOTICE PUT -- DOES IT HAVE THE FOLIO NUMBER OF THE PROPERTY ON IT OR DO YOU ONLY HAVE THE LEGAL DESCRIPTION?
>> NO, SIR, IT DOES NOT HAVE THE FOLIO.
>>ANDREA ZELMAN: ANDREA ZELMAN, AGAIN.
IT DOES LOOK AS IF THE GENERAL LOCATION ADDRESS IS WRONG.
HOWEVER, THE NOTICE DOES REFER TO THE ATTACHED LEGAL DESCRIPTION, WHICH APPARENTLY IS CORRECT.
IN ADDITION, THERE IS CASE LAW TO THE EFFECT THAT IF YOU ARE CHALLENGING NOTICE, BUT YOU ACTUALLY DID RECEIVE NOTICE -- I MEAN, DID ACTUALLY APPEAR AT THE HEARING AND HAVE AN OPPORTUNITY TO BE HEARD, THEN YOU'VE BASICALLY WAIVED ANY CHALLENGE TO THE NOTICE ITSELF BECAUSE, REMEMBER, THE POINT OF GIVING NOTICE IS TO GIVE PEOPLE NOTICE THAT THERE IS GOING TO BE A HEARING AND THAT THEY HAVE AN OPPORTUNITY TO BE HEARD.
AND IF, IN FACT, THEY DO COME TO THE HEARING AND BE HEARD, THEN THEY REALLY HAVE NO CHALLENGE TO THE ADEQUACY TO THE NOTICE.
>>CHARLIE MIRANDA: ANY OTHER QUESTIONS BY COUNCIL MEMBERS AT THIS TIME?
>> IF I MIGHT SAY SOMETHING.
JEFF EBERHART, GENERAL MANAGER OF BAYSIDE AUTO AUCTION.
I TOLL THAT YOU THE NOTICE HAD GONE TO MY CORPORATE OFFICE IN NASHVILLE.
AND AS YOU SAY, IT PROBABLY WENT FROM DESK TO DESK TO DESK.
STREETS, BLOOMINGDALE HAVE NO -- MY SECRETARY, LEGAL SECRETARY UP THERE I'M SURE LOOKED AT IT AND THOUGHT THIS HAS NO RELATION TO ANYTHING AROUND US.
AND IT WAS FED-EXED TO ME THE DAY BEFORE THE HEARING TWO WEEKS AGO.
AND I MADE THAT COMMENT WHEN I CAME TO YOUR MEETING.
I NEVER RECEIVED NOTICE OF ANYTHING UNTIL THAT DAY BEFORE THE HEARING.
THE ONLY OTHER THING I HEARD ABOUT IT, YOU KNOW, I KNEW THE PROPERTY WAS FOR SALE.
IT HAS BEEN FOR SALE FOR PROBABLY -- I DON'T KNOW, TWO YEARS, YEAR AND A HALF.
WE NEVER RECEIVED NOTICE OF ANYTHING CONCERNING ANY SPECIAL USAGE, ANYTHING -- THERE WAS NEVER A SIGN POSTED ON OUR PROPERTY.
OR ON THE ADJOINING -- I THE ONLY THING ON THE FRONT OF THEIR PROPERTY IS A BIG FOR SALE SIGN THAT'S BEEN THERE FOREVER WITH RON COX REALITY, EVERYTHING CONCERNING THE SALE OF THE BUILDING.
IT'S AMAZING -- THEY SAID IT ONE TIME, THEY PETITIONED THE NEIGHBORS AND TALKED AROUND THE NEIGHBORHOOD.
NOBODY WAS EVER IN MY FACILITY AT ALL.
AND I'M RIGHT NEXT DOOR.
I OWN AN L AROUND THEIR PROPERTY.
WE'RE PROBABLY THE LARGEST LAND USE AREA IN THE AREA.
I DON'T KNOW IF THEY'VE CANVASSED ANY OF THE NEIGHBORS.
IT'S TOTALLY RESIDENTIAL ACROSS THE STREET AND GOING UP TO THE CENTER THAT'S ALREADY IN EXISTENCE.
WE ARE A COMMERCIAL BUSINESS BETWEEN THEM.
THERE'S A LIQUOR STORE ON THE OTHER SIDE OF THE STREET AND A MOWER SHOP.
I JUST SAID, I'VE NEVER RECEIVED NOTICE.
I DIDN'T KNOW ANYTHING, AND WHEN I FOUND OUT THAT THE RULES HAD BEEN AMENDED, I WANTED TO KNOW HOW THAT HAD HAPPENED.
BECAUSE WE NEVER -- OF THE 2,000-FOOT LIMIT.
>>CHARLIE MIRANDA: LET ME SPEAK TO THIS, IF I MAY.
THE RULES WERE AMENDED.
AS THE ATTORNEY, MS. ZELMAN SO ADEQUATELY PUT, IT WAS NOT REQUIRED TO NOTICE THE WHOLE CITY OF TAMPA BECAUSE IT WAS CHANGED UNIVERSALLY.
ALSO, IF I REMEMBER THAT HEARING, IF MY E-COMMERCE BRAIN IS STILL WORKING, IT GETS A LITTLE TIRED AT ABOUT THIS TIME, YOU ALSO SAID THAT THE REASON YOU WANTED TO SPEAK ON THE SECOND HEARING, WHICH IS TODAY, IS TO CLARIFY THE FEELING OF YOUR COMPANY THROUGH YOUR COMPANY ATTORNEY, AM I CORRECT?
>> YES.
>>CHARLIE MIRANDA: WHAT HAVE THEY SAID?
>> TO QUESTION THE HEARING.
TO QUESTION THE USAGE.
TO QUESTION THE FACILITY AND TO QUESTION THE REGULATIONS WITH THE DISTANCE.
JUST TO SEE IF THERE'S ANYTHING TO STAND ON AS FAR AS THE NEIGHBORS AND IF ANY OF THEM HAVE BEEN PETITIONED.
WHEN YOU HAVE A DISTANCE USAGE AND THE MAJORITY USAGE BETWEEN THAT, IS THAT TALKING ACREAGE?
SQUARE FOOTAGE OF PROPERTY?
OR IS THAT TALKING NUMBER OF USAGE?
THERE'S FAR MORE RESIDENTIAL USES BETWEEN THAT THAN COMMERCIAL.
BASICALLY THREE COMMERCIAL BUSINESSES BETWEEN THE NEW EXISTING CENTER AND THE OLD EXISTING CENTER.
THERE'S A LOT OF HOMES -- THERE'S TWO FOUR-PLEXES ACROSS THE STREET FROM ME.
>>CHARLIE MIRANDA: WE UNDERSTAND THAT.
ACROSS THE STREET -- WHAT SIZE STREET?
22-FOOT STREET?
OR 150-FOOT STREET?
>> 50TH STREET IS A FOUR-LANE DIVIDED STREET.
>>CHARLIE MIRANDA: MS. FERLITA, YOU WANTED THE FLOOR?
>>ROSE FERLITA: YES, I'M READING SOMETHING.
RIGHT NOW, SIR, I WOULD LIKE TO ASK YOU A QUESTION.
EXPLAIN TO ME, PLEASE, WHAT THE NATURE OF YOUR OBJECTION IS.
IS IT THE NOTICING FACTOR BECAUSE SHE SAID IN YOUR APPEARANCE LAST TIME YOU PRETTY MUCH WAIVED THAT ISSUE.
IS IT BECAUSE YOU DON'T WANT THE FACILITY NEXT TO YOU?
OR DO YOU HAVE A PROBLEM WITH THE WAIVER OF THE 2,000 FOOT REGULATION?
EXPLAIN TO ME --
>> MY MAIN CONCERNS, TRUTHFULLY, ARE THE FACILITY BEING THERE WITH WHAT WE HAVE IN OUR AUCTION AND THE FACILITY THAT WE HAVE, SAFETY FACTORS, PLUS JUST THE FACT OF THE CONDITION OF THE DISTANCE AND EVERYTHING BETWEEN THE TWO.
>>ROSE FERLITA: NOT BETWEEN THIS AND THE OTHER FACILITY.
THE DISTANCE BETWEEN THEM BEING THERE NEXT TO YOU.
>> NEXT TO US ALSO.
THEY ABUT US.
>>MARY ALVAREZ: MR. EBERHART, MR. MECHANIK MENTIONED THAT HE SAID THAT YOU HAD TWO WEEKS TO ANSWER, YOU KNOW, TO TALK TO HIM ABOUT IT.
DID YOU NOT TALK TO HIM AT ALL?
>> NO, I CALLED MY LEGAL OFFICE.
AND CALLED TO HAVE THEM PURSUE IT.
BECAUSE I DON'T KNOW WHAT THIS IS ALL ABOUT.
ALL I KNOW IS I WAS TOLD THAT THERE WERE NOTICES SENT OUT.
THAT THERE WERE NEIGHBORHOODS CANVASSED.
THAT THERE WERE SIGNAGE POSTED.
I'VE NEVER SEEN THE SIGN.
NEVER BEEN CANVASSED, AND I'M THEIR MAIN NEIGHBOR.
NOBODY HAS EVER TALKED TO ME UNTIL THE DAY BEFORE I CAME DOWN HERE FOR THE HEARING AT ALL.
AND THE ONLY CONTACT I HAD WITH ANYBODY FROM THEIR OFFICE WAS WHEN THE GENTLEMAN CAME AND ASKED IF HE COULD GO ON THE BACK OF THE PROPERTY AND TAKE A PICTURE OF THE BACK OF THE BUILDING THE DAY BEFORE THE HEARING HERE.
SO OTHER THAN THAT, NO.
>>MARY ALVAREZ: WHAT ABOUT -- YOU SAID THAT HE TALKED -- OR TRIED TO TALK TO YOU --
>> I ASKED HIM AFTER WHY THIS WAS DONE AND THEN WHY THERE'S 115-BED FACILITY GOING IN NEXT TO ME AND I KNOW NOTHING ABOUT IT.
AND THEY SAY THEY'VE BEEN WORKING ON IT FOR SIX MONTHS AND TALKED TO ALL THE NEIGHBORS.
AND THAT'S THE ONLY THING I HAVE TO GO ON.
SO I CALLED MY CORPORATE OFFICE AND TOLD THEM.
AND THEY ARE DEEPLY INTERESTED IN THE WHOLE THING.
THAT'S ALL.
>>MARY ALVAREZ: DID YOUR LEGAL DEPARTMENT TALK TO MR. MECHANIK'S?
>> I DON'T KNOW.
>>MARY ALVAREZ: MR. MECHANIK, DID THEY TALK TO YOU?
>> DAVID MECHANIK.
FOR THE RECORD, WE RECEIVED NO PHONE CALLS FROM MR. EBERHART OR ANYONE REPRESENTING HIS COMPANY.
>>MARY ALVAREZ: YOU DID SEND HIM CORRESPONDENCE?
>> THEY RECEIVED THE NOTICE, AND WE GAVE THEM AT THE CONCLUSION OF THE HEARING TWO WEEKS AGO, WE GAVE MR. EBERHART OUR BUSINESS CARD SO HE WOULD HAVE THE OPPORTUNITY TO CALL US ANY TIME BETWEEN THE TWO HEARINGS.
>>MARY ALVAREZ: MR. EBERHART, YOU NEVER CONTACTED HIM BECAUSE OF -- OKAY.
>>CHARLIE MIRANDA: MR. HARRISON AND THEN MS. FERLITA.
>>SHAWN HARRISON: MR. MECHANIK, THE NOTICE THAT WAS ENTER TO MR. EBERHART, WAS THAT THE SAME NOTICE SENT OUT TO EVERYBODY IN THE AREA?
>> YES.
>>SHAWN HARRISON: DIDN'T HAVE THIS ANOMALY WITH REGARD TO THE AREA.
>> THAT'S CORRECT.
>>ROSE FERLITA: MAYBE LEGAL CAN CONFIRM THIS.
IT'S MY UNDERSTANDING THAT THE CODE REQUIRES THAT YOU SEND THE NOTICE TO THE ENTITY ON THE TAX RECORD.
SO THE PROBLEM WAS WITH THE STRUCTURE OF HIM RECEIVING IT, BUT YOU WERE IN COMPLIANCE WITH WHAT OUR CODE REQUIRES.
IS THAT RIGHT, MS. ZELMAN?
I'M SAYING TO MR. MECHANIK SO I CAN UNDERSTAND HERE, THAT OUR CODE IS REQUIRING THE PETITIONER TO SEND THE NOTICE TO THE CORPORATION ON RECORD OR THE OWNER ON RECORD BASED ON THE TAX RECORD.
IT IS AN INTERNAL PROBLEM FOR THIS GENTLEMAN THAT HE DID NOT RECEIVE IT IN A TIMELY FASHION.
BUT THAT HAS NOTHING TO IT WITH THE RESPONSIBILITY OF THE PETITIONER.
>>ANDREA ZELMAN: UNFORTUNATELY THAT SOMETIMES HAPPENS WHERE SOMETIMES YOU HAVE PROPERTY OWNERS THAT ARE DISTANT PROPERTY OWNERS AND YOU HAVE TENANTS LIVING THERE AND THE TENANTS NEVER RECEIVE NOTICE.
BUT THAT'S WHAT OUR CODE REQUIRES.
AND THAT'S TYPICAL IN ZONING CODES TO REQUIRE NOTICE TO THE OWNER OF