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TAMPA CITY COUNCIL
Thursday, April 17, 2014
9:00 a.m. Session

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09:04:18 >>CHARLIE MIRANDA: City Council is called to
09:04:18 order.
09:04:18 The chair yields to Ms. Montelione.
09:04:22 >>LISA MONTELIONE: Thank you, Mr. Chair.
09:04:25 I would like to, and I don't see her in the room.
09:04:28 Oh, she's here.
09:04:31 Okay.
09:04:31 I would like to introduce Mrs. Stephanie Thomas.
09:04:35 She is our new deputy clerk.
09:04:37 She started with the city in January 2014.
09:04:40 She is the former city clerk of Riverdale,
09:04:43 Georgia.
09:04:43 So, if we all rise for the prayer and stay

09:04:47 standing for the pledge of allegiance.
09:04:48 >> Good morning, Honorable Chair and City Council.
09:04:53 All heads bowed.
09:04:56 Creator and sustainer of all that is or will ever
09:04:59 be.
09:05:01 Accept our thanks for this day and all its
09:05:03 blessing, forgive us for our sins of omission and
09:05:06 our sins of commission.
09:05:07 We ask that you guide and direct our meeting here
09:05:12 and our City Council and give them the strength to
09:05:14 be bold in their service.
09:05:15 May we be challenged to give our very best always.
09:05:19 And may we be assured that as business is
09:05:22 conducted on behalf of the people, your people,
09:05:25 your will and your presence will be reflected in
09:05:28 every stroke of a pen, in every stroke of the
09:05:30 keyboard, in every decision that is made and
09:05:35 action that is taken.
09:05:36 Grant that each of us may feel a sense of
09:05:38 responsibility to one another, to our community,
09:05:41 and indeed our country.
09:05:43 We pray to be ever mindful of opportunities to
09:05:46 render selfless service to one another.
09:05:49 Keeping in mind always the enduring values of life
09:05:53 and exerting our efforts in those areas and in

09:05:56 those things upon which future generations can
09:05:59 build upon with confidence.
09:06:01 Let us continue to strive to make the world a
09:06:03 better place.
09:06:04 We pray for strength and guidance for each day as
09:06:07 it comes, for each day's duties, for each day's
09:06:10 problems, please be reminded, and please remind us
09:06:15 daily to use the time you have given us to add
09:06:18 value to each day.
09:06:20 With our families, colleagues, and friends beside
09:06:24 us, no person beneath us, with the common bond of
09:06:27 public service between us, our worries behind us,
09:06:31 our goals before us, no task is beyond us, with a
09:06:35 relentless search for knowledge and an unwavering
09:06:39 desire to serve others, we shall continue to move
09:06:41 this great city forward.
09:06:43 Lord, please render our strength so we may carry
09:06:48 out your will.
09:06:49 Selah.
09:06:51 [PLEDGE OF ALLEGIANCE]
09:06:51 >>CHARLIE MIRANDA: Roll call?
09:07:16 [Roll Call]
09:07:18 >>MIKE SUAREZ: Here.
09:07:20 >>YVONNE CAPIN: Here.
09:07:24 >>HARRY COHEN: Here.

09:07:25 >>LISA MONTELIONE: Here.
09:07:25 >>CHARLIE MIRANDA: Here.
09:07:26 Reddick is here.
09:07:29 >>CHARLIE MIRANDA: I need a motion to approve the
09:07:31 minutes of the workshop session held
09:07:33 January 30th and the regular session meeting
09:07:36 April 3rd.
09:07:37 Motion by Mr. Cohen, second by Mr. Suarez.
09:07:39 All in favor of that motion, please indicate by
09:07:41 saying aye.
09:07:41 Opposed nay.
09:07:44 The ayes have it unanimously.
09:07:44 We have two ceremonial activities this morning.
09:07:47 And we're honored to have Richard George from the
09:07:49 junior achievers.
09:07:51 Mr. George?
09:07:51 >> Good morning.
09:07:54 I have a presentation, just a few minutes, a
09:07:58 presentation to update you on impact of Junior
09:08:01 Achievement has on Hillsborough County students.
09:08:03 Since 1919, we have been the world's largest
09:08:07 organization dedicating and educating students
09:08:10 about work, financial literacy and
09:08:13 entrepreneurship, so 95 years and 49 years here in
09:08:15 the bay area.

09:08:16 We concentrate on youth development, economic
09:08:19 development and education development.
09:08:20 On the second page -- I'm sorry.
09:08:23 I'm supposed to be doing -- there we go.
09:08:25 Some of the most noteworthy things about your
09:08:29 organization here, we have grown 25 consecutive
09:08:31 years for student participants.
09:08:33 Just one of the three most successful areas in the
09:08:36 United States.
09:08:36 We're the 13th largest program in the United
09:08:39 States.
09:08:39 And we have 90,000 students here in the bay area
09:08:42 involved with Junior Achievement annually.
09:08:45 We have nearly one million contact hours.
09:08:47 That's one million contact hours with a volunteer
09:08:50 instructor here in the bay area.
09:08:52 And we have five national gold leadership winners.
09:08:56 You see their photos there.
09:08:57 Our three pillars are about building tomorrow's
09:09:02 work force today.
09:09:02 And create permanent change by focusing on
09:09:04 investment in young people's future today.
09:09:06 But the key of that is our volunteer component
09:09:09 that makes us unique.
09:09:10 We use experiential learning and makes it very

09:09:13 relevant with these kids and hands-on experience.
09:09:15 Our teachers in Hillsborough County schools
09:09:17 welcome our volunteers and our curriculum.
09:09:19 And JA provides a partnership and curriculum
09:09:22 training for these volunteers.
09:09:25 We go from K through 12.
09:09:27 Start as early as kindergarten.
09:09:29 The program I'm showing you above is our city day,
09:09:32 which is very relative to the city of Tampa.
09:09:34 We teach the kids about city planning and how
09:09:37 their jobs in the future is relevant to their
09:09:40 education today in math and spelling and science.
09:09:43 Then the next, which makes us very unique in
09:09:46 Tampa, in the university area community
09:09:48 development, we have the Bill Poe Family Junior
09:09:52 Achievement Center, which is home of the Pam and
09:09:53 Les Muma JA Biztown.
09:09:56 This has been open eight and a half years and it
09:09:58 has educated 100,000 fifth graders.
09:10:01 86% of fifth graders in this county goes through
09:10:04 this program annually.
09:10:05 It's one of only 30 in the United States.
09:10:07 It's totally funded by private contributions.
09:10:11 Which we're very proud of.
09:10:12 Only two in the United States by contributions.

09:10:14 And being located in enterprise zone.
09:10:18 We're very proud.
09:10:19 Middle and high school components, we all know
09:10:22 it's tremendous opportunity to impact students in
09:10:25 their future success.
09:10:27 Eight of ten of our students have told us that we
09:10:29 helped reinforce them staying in school.
09:10:32 By all means, 8th grade is the most critical time
09:10:36 to reach a student.
09:10:37 You may know Jose Valiente has led a volunteer
09:10:40 charge for the last seven years with the Tampa
09:10:41 chamber.
09:10:42 This takes chamber members inside our most
09:10:44 challenging middle schools with low income and
09:10:46 moderate students to give them positive role
09:10:48 models and connect their future to their
09:10:50 education.
09:10:51 Then one of our newest programs is JA finance
09:10:56 virtual, which we are taking and giving personal
09:10:58 financial literacy.
09:10:59 One of the first in the state in the high schools,
09:11:01 again in partnership with the Hillsborough County
09:11:03 schools.
09:11:04 4,000 Hillsborough County seniors are right now
09:11:06 taking this program delivered by program

09:11:09 volunteers in financial matters.
09:11:10 We're educating these kids before they get out of
09:11:13 high school of all the credit risks and how to
09:11:15 budget and how to prepare for college.
09:11:17 Really critical.
09:11:18 We're very excited about the growth of this
09:11:20 program.
09:11:20 Then in a pilot program we're teaching
09:11:23 entrepreneurship to students at the center,
09:11:26 university area.
09:11:26 This is a brand new program this year.
09:11:29 This is teaching entrepreneurship, doing business
09:11:32 plans and shark tank competitions.
09:11:34 Very excited about this.
09:11:35 We have reached 50 students this year.
09:11:37 You see them there and then job shadow days when
09:11:41 we take the kids out of school and emerge them in
09:11:44 your jobs for the day.
09:11:46 Connect them to their future work force.
09:11:48 Everything is getting these students to see the
09:11:50 relevance of their education to their future
09:11:53 success.
09:11:54 And then, finally, our last program nationally
09:11:57 recognized a stem tech.
09:11:59 We all know how science, technology, engineering

09:12:02 and math, for getting students engaged in it.
09:12:05 We were one of the first to partner with career
09:12:07 source in the Hillsborough County schools.
09:12:08 We have summer camps for low income students to
09:12:12 learn science, technology, engineering and math.
09:12:14 And that's my presentation.
09:12:17 Any questions?
09:12:18 >>CHARLIE MIRANDA: Well, Mr. George, I want to
09:12:20 thank you, but I'm sure some Councilmembers would
09:12:22 like to make some comments.
09:12:24 That's an outstanding thing we do with young
09:12:26 people at that age, that's a critical age where
09:12:29 they can either go fork in the road, like Johnny
09:12:32 Carson would say.
09:12:33 >> Yes, sir, I'm very familiar.
09:12:36 >>CHARLIE MIRANDA: Mr. Suarez?
09:12:37 >>MIKE SUAREZ: Thank you, chair.
09:12:38 I just want to tell Mr. George that JA has been a
09:12:42 very important part of my life with my children.
09:12:45 My two youngest children, one that is 15 now, one
09:12:48 that is 12, have gone through Biztown during the
09:12:51 summer several times and they love the experience.
09:12:54 And the idea that there is a place that you can
09:12:57 learn about business and how business interacts
09:13:00 with the rest of the community.

09:13:01 Typically, what I enjoy about it especially is
09:13:05 that they do have, my profession is insurance,
09:13:08 they have an insurance agency there.
09:13:10 So I don't have to continually explain to my
09:13:13 children what I do for a living.
09:13:14 In addition, they do have a, someone who is a
09:13:17 mayor for the day.
09:13:18 And they had that open square.
09:13:20 It is a great facility.
09:13:22 A great experience for the kids.
09:13:23 I know they enjoyed it.
09:13:25 Unfortunately, my 12-year-old has a decision to
09:13:27 make to either go to Biztown or lacrosse summer
09:13:31 camp.
09:13:32 So, he's wrestling with that right now.
09:13:35 Hopefully we'll come up with a decision and be
09:13:37 able to get to Biztown again this year.
09:13:39 Thanks for the work that JA does.
09:13:42 >> It's an honor, Councilman.
09:13:44 >>CHARLIE MIRANDA: Mr. Cohen?
09:13:45 >>HARRY COHEN: Well, I have a commendation on
09:13:47 behalf of our Council to present to Mr. George.
09:13:50 And I think Councilman Suarez really got to the
09:13:54 heart of why it's so important to inspire kids to
09:13:59 find out what they want to do and go after it.

09:14:02 I love your slogan, empowering young people to own
09:14:06 their economic success.
09:14:07 I think that's something that we can all endorse
09:14:11 and want to lend support to.
09:14:13 So thank you very much for everything you do.
09:14:14 I'm going to come up and give this to you.
09:14:18 >> Thank you.
09:14:19 >>CHARLIE MIRANDA: Thank you again.
09:14:27 Mr. Cohen, that's the shortest speech you've ever
09:14:31 given. [ Laughter ]
09:14:33 Okay, item number two, the presentation to the
09:14:39 water department by Mr. Mike Suarez.
09:14:41 And I want you to pay close attention to Mr. Brad
09:14:46 Baird's tie.
09:14:49 Hope it doesn't drip.
09:14:50 >> Thank you, chair.
09:14:53 I'm not really sure if that tie means that there's
09:14:55 a water leak, we're wasting water, or what.
09:14:59 But I'm glad that you mentioned that.
09:15:01 That's a heck of a tie.
09:15:02 And it actually is not just painted on.
09:15:06 There's something sticking up there.
09:15:08 Just looks kind of weird actually.
09:15:10 >> It's from Steve Daignault.
09:15:12 >>CHARLIE MIRANDA: You're talking about the tie is

09:15:14 weird.
09:15:15 >>MIKE SUAREZ: Yes.
09:15:16 Thank you, chair, thank you, colleagues.
09:15:18 It's my pleasure again to recognize our water
09:15:21 department for April, which is water conservation
09:15:24 month.
09:15:24 With water conservation month, we encourage all of
09:15:30 our citizens to practice water conservation, not
09:15:33 only during the month of April, but throughout the
09:15:35 year.
09:15:35 April is traditionally the driest month in
09:15:38 Florida.
09:15:38 Since 1998, water conservation practitioners,
09:15:41 including the governor and cabinet, throughout
09:15:42 Florida, have declared April as water conservation
09:15:46 month.
09:15:46 City of Tampa's water department treats and
09:15:49 delivers drinking water to a service population of
09:15:51 approximately 600,000 people in the Tampa Bay
09:15:53 area.
09:15:54 And is the main force for water conservation in
09:15:58 Tampa Bay.
09:15:58 Tampa City Council supports their efforts and our
09:16:01 water department to conserve this finite resource
09:16:04 and give its heart felt thanks to all the

09:16:06 dedicated men and women who worked tirelessly to
09:16:09 ensure that our citizens are provided the finest
09:16:11 water in the country each and every day.
09:16:13 So it's my pleasure to present Mr. Baird, as you
09:16:16 mentioned, with his wonderful tie, representing
09:16:21 our water department for April being water
09:16:23 conservation month.
09:16:24 >> Thank you.
09:16:26 [ Applause ]
09:16:27 >> All right.
09:16:32 This tie is a reminder to fix your leaks.
09:16:34 Make sure your rain sensor works.
09:16:37 And take showers like Council Miranda.
09:16:42 Take Navy showers.
09:16:42 Conserve water.
09:16:44 I got you back.
09:16:47 [ Laughter ]
09:16:48 >> You would never know that April is one of our
09:16:53 driest months of the year this year.
09:16:56 We have an unusually wet spring.
09:16:58 For the first time in 10 years, we have water
09:17:02 going over the dam as we speak.
09:17:04 So we're in good shape.
09:17:07 But that doesn't mean we take our foot off the
09:17:09 pedal and relax on water conservation.

09:17:13 It is very important to conserve our most precious
09:17:16 resource and that is water.
09:17:19 Thank you.
09:17:20 >>CHARLIE MIRANDA: Thank you.
09:17:21 Brad, let me just say this.
09:17:22 All sincerity, this city is posed for greatness.
09:17:27 And the reason of, it's individuals like yourself,
09:17:30 individuals that work in the tertiary treatment
09:17:34 plant.
09:17:34 We have ample supply of water.
09:17:35 We have expansion for filling additional
09:17:39 35 million gallons at the tertiary treatment
09:17:43 plant.
09:17:43 And I don't think there's any other city in
09:17:45 Florida that's posed for growth and is capable
09:17:48 holding the growth within the contents of today.
09:17:52 Not of tomorrow.
09:17:53 I want to thank you, all the employees that work
09:17:55 for you, those that work in the tertiary treatment
09:17:58 plant.
09:17:58 All those individuals and the great employees we
09:18:01 have.
09:18:01 Mr. Suarez is doing a fantastic job as director of
09:18:04 public works on the Council.
09:18:05 I just want you to know.

09:18:07 [ Laughter ]
09:18:09 >>MIKE SUAREZ: I'm not director of public works.
09:18:11 >>CHARLIE MIRANDA: Well, I'm going to make you
09:18:12 director of public works.
09:18:14 >>MIKE SUAREZ: That's his job.
09:18:15 >>CHARLIE MIRANDA: Listen, he's water.
09:18:17 But I want to make sure you keep an eye on these
09:18:19 guys.
09:18:19 They're great guys and do fantastic work.
09:18:21 I was honored to work with them for long periods
09:18:23 of time.
09:18:24 >> Thank you very much.
09:18:26 >>CHARLIE MIRANDA: Any comments by Council?
09:18:28 [ Applause ]
09:18:29 >> I can't vote.
09:18:36 >>CHARLIE MIRANDA: I need approval of the agenda.
09:18:42 I have a motion by Mr. Cohen.
09:18:43 I have a seconds by Ms. Capin.
09:18:45 All in favor of the motion, please indicate by
09:18:47 saying aye.
09:18:47 Opposed nay.
09:18:50 The ayes have it unanimously.
09:18:50 We go now to public comments.
09:18:53 Anyone in the audience care to speak on any item
09:18:56 that's on the agenda or any item that's not on the

09:18:58 agenda.
09:18:59 Items on the agendas first.
09:19:00 Just come up, state your name and address and
09:19:02 speak on the item that you choose to speak on.
09:19:05 >> Good morning.
09:19:10 My name is Richard boom.
09:19:12 I'm Ybor City.
09:19:13 I own a pub called the dirty shame.
09:19:15 And I'm -- you've seen me before.
09:19:19 The item of course I'm talking about is the
09:19:21 nightclub regulation.
09:19:22 And I want to urge City Council to remember the
09:19:29 intent of this regulation is to have an effective
09:19:34 tool to use against those operators of clubs that
09:19:38 act outside of the economic and moral best
09:19:42 interest of the community, which is currently
09:19:45 lacking.
09:19:45 However, it's extremely important when crafting
09:19:49 this kind of an ordinance, that people that work
09:19:53 together with local law enforcement and local
09:19:55 officials, to do positive and good business in
09:19:59 this industry, need to be protected and need to
09:20:03 make sure that they're not going to be at this
09:20:06 time or in the future possible targets for, you
09:20:10 know, for hmm -- foredoing their business and

09:20:17 paying possible penalties, you know, for that type
09:20:21 of cooperation.
09:20:22 So, it's really important, I think that, that
09:20:25 these concerns are addressed at the YCDC.
09:20:32 Our subcommittee on parking and public safety, we
09:20:36 made recommendations, amendments, changes to the
09:20:39 current proposed verbiage of the ordinance.
09:20:42 And I urge City Council to pay attention to those
09:20:47 and look also at any possible cooperation from
09:20:53 state officials that may be willing to review the
09:20:58 nuisance abatement laws, should also be taken into
09:21:02 consideration.
09:21:02 Thank you.
09:21:03 >>CHARLIE MIRANDA: Thank you very much, sir.
09:21:04 Next, please?
09:21:09 >> George Warner.
09:21:10 I'm an attorney.
09:21:11 My office is in Ybor City.
09:21:12 I was at the YCDC meeting.
09:21:17 And I want to reiterate what Richard said.
09:21:23 Ybor does not have the nuisance problem nightclub
09:21:27 at the present time that it recently had a few
09:21:31 years ago when this ordinance was first drawn up,
09:21:37 suggested and presented.
09:21:38 There were -- I want to focus on something -- I

09:21:44 know that there's, YCDC is making some -- if the
09:21:51 ordinance is going to be approved, that they are
09:21:55 making some recommendations on various things that
09:21:59 were discussed at the last meeting, of YCDC.
09:22:03 But, I want to point out something else that was
09:22:05 not discussed at that meeting, that when I went
09:22:08 back to the various establishments that I
09:22:13 represent in Ybor City, and I represent a lot of
09:22:16 the people that work there.
09:22:18 The numbers, you're basing this ordinance on
09:22:23 numbers that start at 250 for a club.
09:22:26 And go to 2,000.
09:22:29 So, that means places that have a fire marshal
09:22:34 capacity of over 2,000 of exempt.
09:22:36 And under 250 are exempt.
09:22:38 First I'd like to speak about the 250.
09:22:43 250 is too low.
09:22:45 If these chambers were on the first floor and
09:22:52 the -- where the commissioners sit were a bar and
09:22:55 there was a small stage in the back of this room,
09:23:00 we would probably be at a fire marshal capacity
09:23:03 without tables and chairs in the establishment of
09:23:08 around 200 in this relatively small room.
09:23:12 That's a very small club.
09:23:17 When you're administrating this and if it goes

09:23:22 citywide.
09:23:23 Right now it's directed only at Ybor City.
09:23:26 But if this ordinance is, goes citywide, you're
09:23:30 going to -- it's going to be a very expensive
09:23:35 ordinance in the long run to carry out.
09:23:37 And in terms of people and so forth.
09:23:43 At the high end, 2,000 is perhaps too low, because
09:23:47 you have larger sports venues and so forth that
09:23:52 you could solve the problem, especially if it's
09:23:54 citywide, of having to comply with the ordinance
09:23:58 by making the place very, very large.
09:24:00 Thank you.
09:24:02 >>CHARLIE MIRANDA: Thank you very much.
09:24:02 Appreciate it.
09:24:03 Next, please?
09:24:04 >> Margaret Vizzi, 213 South Sherrill.
09:24:13 I'm here today speaking today.
09:24:15 I think Council got three letters from T.H.A.N.
09:24:19 about many issues.
09:24:20 The nightclub issue was very concerning to us as
09:24:23 we thought it was going to go citywide.
09:24:26 Well, I understand now, just by speaking this
09:24:29 morning to someone, that it's probably aimed only
09:24:32 now at Ybor City.
09:24:34 So we're not quite sure who it is being proposed

09:24:38 for, because we haven't seen the ordinance itself.
09:24:42 But anyway, Council, T.H.A.N. is very concerned
09:24:45 about this, along with the other issues that we
09:24:47 sent you, and of course the other issue that was
09:24:51 supposed to be on the agenda this morning was the
09:24:55 prefabricated homes, which we're following as
09:24:58 well.
09:24:58 But that I see on the agenda has been postponed to
09:25:01 may.
09:25:02 So, we'll be back on both issues, depending how
09:25:07 this goes today.
09:25:08 Thank you.
09:25:09 >>CHARLIE MIRANDA: Thank you very much.
09:25:10 Next please?
09:25:13 Hello.
09:25:21 I'm Teresa Miller.
09:25:22 I've been here a few times about the other city
09:25:25 ordinance about permits and I saw this one and
09:25:27 just want to say I think this would be an
09:25:29 excellent way to start in Ybor City and hopefully
09:25:32 expand.
09:25:33 That we have to do something.
09:25:34 And continuing to discuss it and discuss it is not
09:25:37 getting us anywhere and keeping our city safer the
09:25:41 way we want it to be.

09:25:42 So, I believe YCDC and Tampa alcohol coalition
09:25:48 probably have a few suggestions that could tweak
09:25:49 this.
09:25:50 That maybe some of the things that might not
09:25:52 loopholes or problems could be fixed.
09:25:56 And then we can put something in place and then
09:25:58 make changes.
09:25:59 But, I just want to commend you for having
09:26:03 something.
09:26:04 Let's vote on it and move and get something that
09:26:07 will prevent those clubs in Ybor City from coming
09:26:10 back and having the problems.
09:26:11 And then hopefully expand and make Hyde Park and
09:26:14 the other areas that tend to be problem areas for
09:26:18 the people around it as well as our young people.
09:26:21 And let's move forward and do something positive
09:26:24 soon.
09:26:24 Thank you.
09:26:25 >>CHARLIE MIRANDA: Thank you.
09:26:26 Next please?
09:26:26 >> Hello.
09:26:32 I'm Ellen Snelling, chair of Tampa alcohol
09:26:35 coalition.
09:26:35 I wanted to thank the City Council for considering
09:26:37 this ordinance and Tampa alcohol coalition is very

09:26:40 supportive of it.
09:26:42 I know YCDC is working with you and there's some
09:26:45 tweaks that may be needed under the violations and
09:26:49 the sanctions, but overall, it looks like a very
09:26:52 good ordinance and I think several years ago,
09:26:55 there were some problem clubs.
09:26:56 Right now it seems like everyone is operating very
09:26:59 responsibly.
09:27:00 But I believe this would be a proactive measure to
09:27:02 prevent, if this ever does happen again where
09:27:04 there's a problem club, there will be a tool to
09:27:06 work with.
09:27:07 I also agree that at some point I know it's aimed
09:27:11 at Ybor City right now and I know a lot of the
09:27:14 large nightclubs are there.
09:27:15 But if this works, maybe expand it to the rest of
09:27:18 the city because there are certainly large
09:27:20 nightclubs in other areas besides Ybor City.
09:27:22 And one suggestion that was made by one of our
09:27:24 members is that I know there's a crowd in
09:27:27 management education that's going to be required
09:27:30 for the large clubs.
09:27:31 But possibly to require responsible beverage
09:27:34 training.
09:27:36 Responsible beverage service training.

09:27:38 Many of the clubs already have this, but the ones
09:27:40 that don't, I think it would be really good to
09:27:42 make sure that they have this because it does
09:27:45 emphasize underaged drinking and intoxication,
09:27:49 drug use.
09:27:49 Makes sure all the servers are trained on how to
09:27:53 prevent these kind of things.
09:27:54 And I had one question about when talking about
09:28:00 the violations that I agreed, like another speaker
09:28:03 had brought up, if the club is trying to address
09:28:06 violations and they may call the police and
09:28:08 someone has either underage alcohol possession or
09:28:11 marijuana, that that should not be held against
09:28:13 the club.
09:28:13 If they are being proactive and working with law
09:28:15 enforcement.
09:28:16 And also, if they do get a revocation or
09:28:19 suspension, doesn't mean that they have to close
09:28:22 entirely for like say 30 days.
09:28:25 Or are they allowed to say well, I'm not going to
09:28:28 operate as a nightclub and I will close at
09:28:30 1:00 a.m. or I will be 21 and up.
09:28:34 And continue to operate.
09:28:34 That was just a question I had when I read through
09:28:37 on the suspensions and revocations.

09:28:40 And overall, I definitely support this and thank
09:28:42 you very much.
09:28:43 >>CHARLIE MIRANDA: Thank you.
09:28:43 Next please?
09:28:55 >> I'm Frank Williams, located 1112 east Scott
09:28:58 street, paradise missionary Baptist church.
09:29:01 I've come down here many times trying to get a
09:29:04 solution on conclusion through many matters.
09:29:06 And nobody seems to want to pay me any attention.
09:29:09 They seem to ignore me on every hand.
09:29:13 But I'm here today to basically talk about the
09:29:15 homeless and the children.
09:29:17 Because they come to me looking for answer and I
09:29:20 don't have the answer.
09:29:22 City Council is supposed to have the answer, but
09:29:24 they don't seem to have the answer either.
09:29:26 But my position is this here.
09:29:27 When they arrest a homeless person, take them down
09:29:32 there to the cell, they're there for three months
09:29:35 or six months.
09:29:36 When they come out of the cell, they're still
09:29:38 homeless.
09:29:38 So what's the solution for that?
09:29:41 You all ain't going to say nothing because you
09:29:44 don't know.

09:29:44 Another thing about our children, the other day,
09:29:48 the kids get too pushy, kill innocent children.
09:29:52 What you need to do, instead of staging these
09:29:55 police picking up homeless people, take them and
09:29:59 set them in the school yard.
09:30:00 Let them sit up there.
09:30:02 The protect these children.
09:30:04 That way they can earn their money and also learn
09:30:08 the ABCs and arithmetic and reading.
09:30:12 And another thing, you all trying to handicap me
09:30:16 by my church over there, located 1220 East Scott
09:30:18 Street.
09:30:19 Block my right-of-way.
09:30:21 Nobody did nothing about it.
09:30:23 Been four years done past.
09:30:25 And I would look for Frank Reddick to do something
09:30:29 because he's a black man like me.
09:30:31 We have to stand up for rights and don't just let
09:30:34 people treat you any kind of ways.
09:30:36 We're human beings just like everybody else.
09:30:40 Regardless what the color of our skin is.
09:30:42 A lot of people look at my color of my skin and
09:30:44 they think I'm a minority.
09:30:46 I'm not a minority.
09:30:47 I'm a superior.

09:30:48 I'm one of God's children and I want you to
09:30:50 respect me as one of God's children.
09:30:52 When you all do your recording, you all need to
09:30:54 look into your recording and give me some answer.
09:30:58 Now another thing I want you all to know.
09:31:03 Stand your right law.
09:31:05 If that going to permit everybody to carry a gun?
09:31:09 "Stand Your Ground" law?
09:31:11 You have to give me some answers and give me some
09:31:13 answers quick, because if everybody else can carry
09:31:15 a gun, then I have a right to carry a gun too.
09:31:17 Thank you.
09:31:18 God bless you.
09:31:19 >>CHARLIE MIRANDA: Thank you very much.
09:31:19 Next please?
09:31:20 >> My name is Francisca Elaine spec.
09:31:29 And I have understand that the City Council passed
09:31:32 a law about sleeping in the street.
09:31:34 At this point, funds in my account at the Bank of
09:31:40 America have disappeared.
09:31:42 Mayor Buckhorn is, knows about the issue, what
09:31:46 I've been going through for several IDs.
09:31:49 But even though I continue being harassed by the
09:31:55 Tampa police department all the time, issues that
09:31:59 involve forwarding and intelligence and issues

09:32:01 that are federal, and I cannot disclose.
09:32:04 So, at this point, last night I was approached by
09:32:08 policemen Adams and George, and I want to -- and
09:32:13 in the name of Councilman Charlie Miranda, they
09:32:16 issue me a camping, a city violation because I am
09:32:22 sleeping in a bank close to the federal building
09:32:26 and a close horizon, where I got protection while
09:32:31 this situation lasts.
09:32:32 So, I want to respectfully inform the City Council
09:32:36 that I'm taking the issue to federal court and to
09:32:39 the assistant of the U.S. attorney because I don't
09:32:42 have any other solution to get settled with
09:32:49 Barnett and Adam and George policemen.
09:32:52 Thank you very much.
09:32:52 >>CHARLIE MIRANDA: Thank you very much.
09:32:52 Appreciate it.
09:32:53 Next please?
09:33:05 >> Good morning, Council.
09:33:06 My name is Joseph Capitano senior.
09:33:09 I'm here representing myself.
09:33:10 And the rich theater basically, which I own.
09:33:15 And the OZAR building across the street and a
09:33:22 couple of the other bars that meet this capacity.
09:33:24 I am totally, I'm sorry, I don't agree with this.
09:33:26 I think you have enough laws that you're not

09:33:28 taking care of and not -- you're not enforcing the
09:33:32 laws you got on the books today.
09:33:33 You've got Tallahassee that has agreed they would
09:33:36 help enforce the liquor laws that are in place
09:33:40 today.
09:33:40 So I'm here as an individual, as myself, and
09:33:44 asking that you kill this ordinance.
09:33:46 It doesn't make sense because you're going to tax
09:33:48 me and I do my level best to run a good club.
09:33:51 Not to have any drugs sold, not to have minors
09:33:57 drinking and so forth.
09:33:59 However, if I have one of these incidents and it's
09:34:02 turned over, it comes up against my license.
09:34:05 And I could be suspended, if two kids happen to be
09:34:09 caught drinking in my establishment, I could lose
09:34:12 my license for 30 days.
09:34:13 I don't think this is fair because we don't
09:34:15 encourage it.
09:34:15 We try to fight it.
09:34:16 We have policemen on duty.
09:34:18 I think we do the things that we can do.
09:34:20 The clubs in Ybor City right now shall operating
09:34:22 as far as I can tell very, very economically and
09:34:25 very, very friendly to the people.
09:34:27 We don't need additional ordinances.

09:34:29 If there's a problem, you've got the tools to use
09:34:32 to kill the things as it is.
09:34:35 When we were having all that trouble in Ybor City,
09:34:37 no be would do anything about it.
09:34:39 You had the authority to do something about it,
09:34:41 but it just never hand.
09:34:43 And that club would probably not be -- would be
09:34:45 open today if it had not been for the parents of
09:34:47 the boy that was killed there.
09:34:49 So I'm asking that you guys enforce the laws we
09:34:51 have got, not give us more laws that we have to
09:34:54 live with.
09:34:54 I'm sorry.
09:34:55 Thank you.
09:34:56 >>CHARLIE MIRANDA: Thank you very much.
09:34:57 Ms. Montelione?
09:34:58 >>LISA MONTELIONE: Mr. Capitano.
09:34:59 Can you tell -- I love your new hair cut.
09:35:02 [ Laughter ]
09:35:04 >>CHARLIE MIRANDA: If I would've said that he'd
09:35:06 got mad at me.
09:35:08 >>LISA MONTELIONE: I want you to tell people why
09:35:10 you're supporting the new look.
09:35:11 >> I cut for cure pediatric cancer.
09:35:14 People were able to make donations.

09:35:16 And they were able to bid on cutting my hair off.
09:35:20 So that's what it was.
09:35:22 >>CHARLIE MIRANDA: If I would've known that, I
09:35:25 would've been behind it.
09:35:26 I want you to know, you look better.
09:35:28 >> Thank you.
09:35:28 >>CHARLIE MIRANDA: Next please?
09:35:32 >> My name is Eric Fleming.
09:35:34 I operate and own Ybor City jazz house down in
09:35:37 Ybor City.
09:35:37 I'm here tow speak basically the one real reason.
09:35:42 The amendment seems very discriminatory in my
09:35:45 opinion.
09:35:46 I'm talking about, singling out Ybor City.
09:35:49 If you truly want all nightclubs in that range to
09:35:53 support the general welfare of our people, it
09:35:57 should be broad.
09:35:59 Be throughout all the city of the Tampa.
09:36:01 If you are going to do something that affects,
09:36:04 protecting our children, drugs and all that it
09:36:06 should be a broad stroke throughout the whole
09:36:07 city.
09:36:08 If you're going to single out Ybor City, you're
09:36:10 telling Ybor City that there's a problem there and
09:36:12 that the police and that the laws that are on

09:36:14 existence now are not effective.
09:36:16 They are effective.
09:36:17 They just need to be, in my opinion, enforced.
09:36:20 Just like Joe was saying, you have law that is
09:36:22 exist now.
09:36:23 Going to wrap laws arounds laws, bottom line, you
09:36:26 can create any amendment you want.
09:36:29 Who is going to enforce it?
09:36:31 Who is going to enforce the laws there now?
09:36:34 I think you should enforce what you have.
09:36:36 Thank you.
09:36:36 >>CHARLIE MIRANDA: Thank you very much.
09:36:37 Next please?
09:36:38 >> Good morning, Council.
09:36:44 Alan Kahana, 320 Blanca.
09:36:47 I came to Ybor City in 1983 and started
09:36:50 development and own a number of properties and
09:36:52 businesses down there.
09:36:53 And I'm against this ordinance also.
09:36:54 It isn't that we didn't need to correct that
09:36:57 behavior before.
09:36:58 But we don't need to punish good operators,
09:37:00 singled out in Ybor City for past bad behavior.
09:37:03 Fortunately, through your all's actions and
09:37:07 through the City of Tampa Police Department and

09:37:09 the fire department and the rest of the
09:37:12 enforcement agencies that were able to come to the
09:37:15 table about two years ago, we were able to get rid
09:37:18 of the bad operators.
09:37:19 We don't need another ordinance that's going to
09:37:21 single out Ybor City.
09:37:22 And basically send all of the good operators
09:37:25 across the bay over to St. Petersburg.
09:37:28 Again, I'm not saying we didn't struggle at that
09:37:30 time to create an enforcement program that worked.
09:37:33 But it did work.
09:37:34 We have no problems right now.
09:37:36 I don't see why we should take this action at this
09:37:39 time.
09:37:39 We should encourage the state, which at that time
09:37:42 two years ago was a little slow to respond to use
09:37:45 their nuisance ordinance and to go ahead and use
09:37:47 the existing alcoholic beverage licensing laws
09:37:50 that they had.
09:37:51 But they are at the table today.
09:37:53 And that's what we need to work with.
09:37:55 We need to work with the existing laws.
09:37:57 We need to take away the licenses from those
09:37:59 operators that act irresponsibly.
09:38:01 And then they cannot open anywhere in our city,

09:38:04 rather than just within Ybor City.
09:38:06 Thank you.
09:38:07 >>CHARLIE MIRANDA: Thank you very much, sir.
09:38:07 Next please?
09:38:12 >> My name is Tom George.
09:38:14 I am the owner of crowbar.
09:38:16 I'm also the president of the Ybor Merchants
09:38:18 Association.
09:38:19 Echoing the sentiments of some of the other
09:38:23 speakers, but also speaking for myself, when this
09:38:28 situation started a few years back, it was all the
09:38:31 good operators in this room that came forth and
09:38:36 wanted the bad people out.
09:38:38 The bad people are never at these meetings and the
09:38:40 bad operators don't exist in Ybor as it is.
09:38:43 Much like Joe and Allen said, you know, there are
09:38:46 ordinances that work.
09:38:47 Maybe it was a little bit slow a few years ago.
09:38:50 But things have been good.
09:38:51 And asking the good operators to pay for the
09:38:56 wrongs of some bad people from a few years ago, I
09:39:00 think is a little bit unfair.
09:39:02 I'd like to see this entire thing dropped and go
09:39:05 away and let us get back to business and building
09:39:08 our community for the better.

09:39:09 Thank you.
09:39:09 >>CHARLIE MIRANDA: Thank you very much.
09:39:10 Next please?
09:39:11 >> My name is Dave Hundley.
09:39:17 I run the Orpheum.
09:39:19 But I also run a few operations in St. Petersburg.
09:39:22 When the incidences that made you all adopt some
09:39:28 resolutions and some changes happened, was some of
09:39:32 the worst PR that probably ever hit Tampa and Ybor
09:39:35 City in particular.
09:39:36 A lot of business has been taken away.
09:39:38 The fact that this ordinance is coming more times
09:39:41 than it should, it should be stopped as, at this
09:39:45 point.
09:39:46 Is actually more PR that's no good for our
09:39:51 environment.
09:39:51 It's not adding to our, what we have accomplished
09:39:55 since those things have happened.
09:39:57 Again, the comment about the bad operators are all
09:40:02 gone.
09:40:02 They've never been to any of these meetings.
09:40:04 Almost all of us have never, ever served an
09:40:06 underage person in our bars.
09:40:09 We are being accused of such actions, but that's
09:40:12 not the case.

09:40:12 That is false.
09:40:13 The situation is that all that stuff has all been
09:40:20 quashed.
09:40:20 We need to keep it more out of the news and know
09:40:25 and realize that all of us good people that are
09:40:27 down there spending our money, paying our taxes
09:40:29 and keeping operations going, are working very
09:40:33 hard and diligently to keep the thing the way it
09:40:36 is.
09:40:36 Which is nice.
09:40:37 It's good now.
09:40:38 This ordinance is not going to make anything at
09:40:41 all happen to a bad operator is going to be a bad
09:40:44 operator no matter where they're at.
09:40:46 At this point, I pay a lot of money in rent and
09:40:50 utilities, taxes and other things here.
09:40:53 I don't know if you're aware, because I do operate
09:40:56 in St. Petersburg, it's cheaper to operate over
09:40:59 there.
09:41:00 Making it any more expensive here is just going to
09:41:03 kill any growth to this marketplace in our total
09:41:06 economy.
09:41:07 Thanks.
09:41:08 >>CHARLIE MIRANDA: Next please?
09:41:13 >> Okay, I'm Ed Tillou from Sulphur Springs.

09:41:17 I'll hand this around later.
09:41:19 But -- oh, since -- I don't know about this
09:41:25 ordinance that's being spoken about now.
09:41:26 But I do want to contribute one thing to this
09:41:29 discussion.
09:41:31 I'm around the drink sometimes and I haven't
09:41:37 noticed the drink, which has been mentioned here a
09:41:39 few times, I've never noticed much noise from
09:41:41 there.
09:41:42 But I have noticed an awful lot of noise from
09:41:44 their next-door neighbor the deck.
09:41:46 And what it seems to be, it fluctuates.
09:41:49 You get a couple of three loud mouths and all of a
09:41:52 sudden they start screaming and the other guy is
09:41:55 screaming.
09:41:55 And the noise level goes through the roof, at the
09:41:58 deck.
09:41:59 And it's open.
09:42:00 It's got a patio.
09:42:02 And that I think is the root of a lot of the
09:42:04 complaints because world of beers.
09:42:06 I've never noticed much noise from there.
09:42:09 But this other place has ten times as much noise.
09:42:12 And the thing is how they can crack down,
09:42:15 sometimes it's not too bad, but how they can crack

09:42:17 down on the you loud mouths, I don't know.
09:42:19 About if you told them there can't be a patio,
09:42:24 you're going to have to enclose and that costs 15,
09:42:26 20, $30,000, I bet they get rid of those four,
09:42:30 five loud mouths that set everything into motion.
09:42:34 Okay, with respect to my usual, of global warming,
09:42:42 Tampa's about 30 degrees north, I don't know, plus
09:42:46 or minus.
09:42:47 That means if you have solar panels, which
09:42:50 actually if I think about it, rather an wasting
09:42:52 them up on the carport, put them across the
09:42:55 street.
09:42:56 Enough for five or six vehicles.
09:42:58 They have to point 7° in the summer.
09:43:02 And 53° in the winter.
09:43:04 But there's a way of doing that.
09:43:05 And that can be manually done as opposed to
09:43:13 following the sun during the work, which would
09:43:16 require clockwork type mechanism.
09:43:19 That way you cut the solar panels by a substantial
09:43:22 amount.
09:43:22 The economics doesn't quite work.
09:43:24 But it works if you recharge volts.
09:43:28 If the city bought 10 or 12 volts, I don't know
09:43:31 how many departments there are, but a volt for

09:43:33 each department, and it would be about a quarter
09:43:36 of a million dollars, but you'd save that, you'd
09:43:39 save that over the years in gas, the difference,
09:43:43 the cost difference.
09:43:44 But, the thing about the volts, even if they do
09:43:48 cost 23 or $24,000, because I think there is
09:43:54 finagling on the amounts of money involved.
09:43:56 But with the ads in the papers.
09:44:01 But still, if you had them and then you recharged
09:44:04 them in the solar panels when they weren't in use,
09:44:07 like late afternoon and on the weekend, you'd
09:44:10 break even on the solar panels.
09:44:12 And that was pioneered by USF.
09:44:14 The only thing is they didn't have good vehicles
09:44:16 to go with them.
09:44:17 The cows worked fine, but the vehicles were no
09:44:22 good.
09:44:22 >>CHARLIE MIRANDA: Thank you very much.
09:44:22 Let me just talk to myself.
09:44:24 Although I was presented -- yeah, I am.
09:44:28 I'm going to talk to myself, that way, nobody can
09:44:31 speak back to me.
09:44:32 [Inaudible]
09:44:37 >>MARY MULHERN: So we don't have to listen?
09:44:39 [ Laughter ]

09:44:40 >>CHARLIE MIRANDA: I got news for you, you never
09:44:42 listen.
09:44:43 Let me just say this.
09:44:44 I was presented some volts about three months ago
09:44:46 for 17,000.
09:44:47 Now, they're 23,000.
09:44:50 Let me say this.
09:44:51 I'll still buy ten of them for 23,000.
09:44:53 But you ain't going to find them.
09:44:55 Next?
09:44:56 >> Good morning.
09:45:02 I'm Eric sharp.
09:45:04 I represent Gaspar's grotto, east seventh avenue.
09:45:08 My wife and I have been in Ybor City working
09:45:10 really hard since 1985.
09:45:12 And we have seen a lot.
09:45:14 It comes, it goes, but right now, and for the last
09:45:17 several years, it's been coming and it's been
09:45:20 doing very, very well.
09:45:23 We're an engine in Ybor City that I like to think
09:45:27 pulls the economic cart here in Tampa.
09:45:30 Everybody comes down.
09:45:31 We have the geo conference at the convention
09:45:35 center right now and our place is full and we're
09:45:37 entertaining, taking good care of all these

09:45:39 people.
09:45:40 And it helps sell the convention center and the
09:45:42 things we do here.
09:45:44 We are an economic engine.
09:45:46 To me, it seems a little bit silly to be
09:45:48 addressing this problem in this manner at a time
09:45:50 when Ybor City has never done better.
09:45:52 We don't have any problems and we haven't for a
09:45:56 couple of years.
09:45:56 So if it's not broke, I don't see any point in
09:46:00 fixing it.
09:46:01 In particularly to the point where Ybor City is
09:46:04 being singled out.
09:46:06 Some of my colleagues have mentioned that.
09:46:07 It's being singled out and it looks bad and it's
09:46:11 silly.
09:46:12 There are still people saying you can't go there
09:46:14 because it's not safe and it's not true.
09:46:17 So if you have to do something, which you don't,
09:46:20 but if feel possessed to do something, it needs to
09:46:24 be applied equally on the whole city.
09:46:28 Because what's good for the goose is good for the
09:46:30 gander.
09:46:31 That's all I have.
09:46:31 I would urge that we forget this, it's not broke,

09:46:34 there's no point in trying to fix it at this point
09:46:37 in time.
09:46:38 It's never easy to make a dollar.
09:46:41 And any more burdensome regulation or this type of
09:46:48 action will just really raise anxiety and make us
09:46:52 all look a little bit silly.
09:46:53 Thank you.
09:46:54 >>CHARLIE MIRANDA: Thank you.
09:46:54 Next?
09:47:00 >> Good morning.
09:47:01 My name is Katie Olander with the Italian Club in
09:47:05 Ybor City.
09:47:05 We are a non-profit organization, we're a banquet
09:47:08 facility, that brings in a lot of events,
09:47:12 weddings, people from all over.
09:47:14 We just want to say we're against this ordinance
09:47:16 and feel that it's not necessary at this time.
09:47:18 Thank you.
09:47:20 >>CHARLIE MIRANDA: Thank you.
09:47:20 Anyone else who has not spoken?
09:47:24 Let me say this, after a few minutes, we're going
09:47:26 to staff reports.
09:47:27 Those are just staff reports, so if anyone has not
09:47:30 spoken yet on any item they'd like to speak on,
09:47:34 please come forward.

09:47:35 Okay, I see no one.
09:47:37 We go to item number 3.
09:47:41 Mr. Art Keeble.
09:47:46 >> Thank you.
09:48:03 I'm Art Keeble, director of the arts Council of
09:48:05 Hillsborough County.
09:48:06 I have a PowerPoint presentation this morning.
09:48:10 About Power 2 Give.
09:48:13 The program that was originated at the arts and
09:48:16 science capital in Charlotte, North Carolina.
09:48:19 It was so successful that they've virtually
09:48:21 franchised it.
09:48:22 And we're the 22nd community in the United
09:48:24 States to have this program, thanks to generosity
09:48:28 of Bank of America.
09:48:29 Okay, what they found, 85% of cultural consumers
09:48:41 are not donors.
09:48:42 50% of donors would like to have more information
09:48:45 about how their funds would be used.
09:48:47 13% is the amount that online giving has increased
09:48:52 since 2011.
09:48:53 This is strictly a social media effort.
09:48:58 >> Mr. Keeble, would you mind pulling your mic up
09:49:00 a little bit?
09:49:00 It makes it easier to hear you.

09:49:03 >> Is that better?
09:49:05 >> Thank you.
09:49:06 >> Still trying to figure out how to advance this.
09:49:13 Any suggestions?
09:49:39 As I said earlier, donors want more of a
09:49:42 relationship with the recipients of their money.
09:49:45 Including more of immediate say in how their
09:49:48 dollars are being used.
09:49:49 The idea for Power 2 Give is that non-profit arts
09:49:56 organizations create projects from 1,000 to
09:50:00 $10,000.
09:50:01 They post them on this web site.
09:50:03 These are currently on our site and what happens,
09:50:13 individual donors and matching donors contribute
09:50:16 through the Arts Council.
09:50:18 That in turn goes to the projects that are posted.
09:50:24 And is all through Facebook, Twitter and LinkedIn.
09:50:27 You'll see where the projects are across the
09:50:31 country.
09:50:32 Florida has one, Miami, Fort Lauderdale, Orlando
09:50:35 and Tampa Bay now.
09:50:36 The results since 2011, there are 24 communities
09:50:43 participating.
09:50:45 Raised 5.4 million for the arts and culture.
09:50:49 And I can't see the -- oh, 21,000 -- 24,000

09:50:57 donations for 22,000 groups.
09:51:03 Examples of community sponsorships, as I said,
09:51:08 we're being sponsored by Bank of America.
09:51:11 The community-based approach is a non-profit site.
09:51:16 Fundraising is kept as unlike a kick starter and
09:51:24 some of the other crowd funding programs.
09:51:26 You get to keep whatever you raise.
09:51:28 You don't have to meet your goal.
09:51:30 44% of the gifts are from new donors.
09:51:35 Ruth Eckerd Hall just completed their project a
09:51:38 couple weeks ago and they found that 60% of the
09:51:40 donors were brand new donors to them.
09:51:43 And we do have matching funds available.
09:51:46 We host it.
09:51:48 We review all the projects.
09:51:50 We post the projects.
09:51:51 We solicit the funds.
09:51:53 We collect and distribute the proceeds.
09:51:55 Projects are posted up to 90 days.
09:51:59 You can have between one and $10,000 as your goal.
09:52:04 You can use it for budget relieving activities,
09:52:07 new initiatives, expansion opportunities,
09:52:09 programs, scholarships, et cetera.
09:52:12 Web-based fundraising, are new approaches to
09:52:18 culture giving.

09:52:19 Successful funding and projects promotion are
09:52:22 completely connected, post it and they will come
09:52:27 is not a strategy.
09:52:29 Challenge matching grants are extremely compelling
09:52:31 to donors.
09:52:32 We launched every 12th this year, was started from
09:52:37 friends of Bank of America.
09:52:39 We raised over $34,000 to date.
09:52:41 24,000 in individuals and 9700 in matching
09:52:45 contributions.
09:52:46 Our first match was from the Gobbi Yacht
09:52:49 Foundation for $5,000.
09:52:50 And the second match from an anonymous donor, also
09:52:55 5,000.
09:52:55 We have posted 23 projects so far.
09:52:58 These are the organizations that have been funded
09:53:02 to date.
09:53:03 The Florida museum of photographic arts, community
09:53:07 stepping stones in Sulphur Springs.
09:53:10 The very special arts statewide organization.
09:53:15 The firehouse for cultural center in Ruskin and
09:53:19 the Harry B. Plant museum just was funded fully
09:53:23 this past Monday.
09:53:25 So this is -- I wish the script was not there.
09:53:29 When you go to the page of each project, you will

09:53:33 see a description of what the project is.
09:53:36 Benefits to the donors.
09:53:39 How much they want to raise.
09:53:43 These are the projects currently on the site.
09:53:53 This is the latest, the newest project.
09:53:56 Tampa museum of art.
09:53:57 They want to buy a sculpture for their lobby in
09:54:01 conjunction with the Chinese exhibit that opens
09:54:04 this summer.
09:54:05 So what you do, and I decided to give $50 to Tampa
09:54:09 museum.
09:54:10 So I just went to donate.
09:54:15 Up to $50, add to the giving card.
09:54:18 Then you get this and you'll see that $50 turned
09:54:21 into 75 because of the match.
09:54:23 Then you click again and you fill out this
09:54:29 information, enter your credit card number.
09:54:31 And immediately you'll get a response thanking
09:54:36 you.
09:54:37 Then you'll get a nice letter from the
09:54:39 organization thanking you and then you'll get a
09:54:41 nice letter from me thanking you.
09:54:43 So, it's all fully tax deductible.
09:54:45 Around the country, there have been matches for
09:54:50 local government, as you can see, Atlanta,

09:54:53 200,000.
09:54:56 Broward County, 25,000.
09:54:57 Miami-Dade 25,000.
09:54:59 I'm not here today asking you to put up a match.
09:55:02 But, this is what happens if you do.
09:55:03 In the City of Tampa to date, we have $64,000 in
09:55:09 projects.
09:55:09 For every one dollar donation, the match
09:55:12 contributes 50 cents.
09:55:15 So for $10,000 match, generates $20,000 in
09:55:19 donations, which is $30,000 in the community.
09:55:23 Not a bad return on your investment.
09:55:25 So, any questions?
09:55:28 Thank you, Councilwoman Capin.
09:55:31 I've noticed yesterday that you made a donation.
09:55:37 >>YVONNE CAPIN: Yes.
09:55:37 I am the city representative on the Arts Council
09:55:42 of Hillsborough County.
09:55:43 And this is a very -- sets us apart is that the
09:55:49 projects get to keep the monies that they have
09:55:52 raised.
09:55:53 Even if they don't reach the 100% at the end of
09:55:56 the time lapse.
09:55:59 And they do keep also the matching funds, the
09:56:03 total.

09:56:04 >> Yes.
09:56:05 >>YVONNE CAPIN: That is fantastic.
09:56:06 And yes, I couldn't make up my mind yesterday, so
09:56:09 I gave a little bit to each one.
09:56:11 And then I got 14 responses.
09:56:14 You're right, it was immediate.
09:56:17 Thank you for being here and thank you for letting
09:56:19 everyone know about Power 2 Give and how they can
09:56:22 go online.
09:56:23 And it's really great.
09:56:25 One of the things that I picked up at the
09:56:27 February 12th from the Bank of America
09:56:30 representative was that she lets her children go
09:56:34 and pick the projects that they would like to
09:56:38 donate to.
09:56:39 And it starts them on a giving process throughout
09:56:45 their life, if they start that young.
09:56:47 And I think that's very important.
09:56:48 And since children are so savvy on the internet
09:56:53 and computer, I think it's a great way of starting
09:56:56 to be philanthropic and help your community in a
09:57:02 very positive way.
09:57:03 I thank you for this.
09:57:05 >> The project is primarily social media driven.
09:57:08 The donors are younger people, primarily.

09:57:11 They're the ones who are computer savvy.
09:57:15 They're the ones who are twittering and texting.
09:57:19 And the word spreads very, very easily.
09:57:21 Thank you all so much.
09:57:23 >>CHARLIE MIRANDA: Thank you very much.
09:57:23 Appreciate it.
09:57:24 Okay.
09:57:27 Next item, anyone in the audience, ask this
09:57:29 counsel for reconsideration of past matters of the
09:57:32 last meeting of Council?
09:57:33 I see no one.
09:57:34 We go now to staff reports.
09:57:37 Items 4 through 10.
09:57:47 >> Good morning, Council.
09:57:49 Shirley Foxx-Knowles, city clerk.
09:57:51 I'm here regarding items 4 through 7, board
09:57:55 appointments.
09:57:55 And the first one item number 4 relates to the
09:58:01 civil service board.
09:58:03 We have two applicants and two, for two positions.
09:58:07 Really these are reappointments.
09:58:09 I don't know if they are here and would like to
09:58:13 speak.
09:58:14 >> Claire?
09:58:17 >>CHARLIE MIRANDA: Mr. Suarez?

09:58:19 >>MIKE SUAREZ: Ms. Foxx-Knowles, in our background
09:58:21 material, it says we have three applicants.
09:58:23 >>CHARLIE MIRANDA: No.
09:58:24 You have two and one and then that same person
09:58:25 applied to another, if I recall.
09:58:28 >>MIKE SUAREZ: Did he remove himself?
09:58:30 >>CHARLIE MIRANDA: I don't know.
09:58:31 >> He would like another board.
09:58:34 >>MIKE SUAREZ: Thank you.
09:58:35 Michael Reedy.
09:58:37 >>CHARLIE MIRANDA: Come forward if you like to
09:58:39 speak.
09:58:47 >> Hi, folks, thank you for having me here today.
09:58:50 I'm Luis Viera, presently serving on the civil
09:58:54 service board.
09:58:55 Been my pleasure the last two or three years.
09:58:57 I've enjoyed it.
09:58:59 If I may say so, I've done a good job at it.
09:59:02 Certainly consistent with my view it's incumbent
09:59:05 upon every good individual in our country to
09:59:09 engage in civil service, certainly that's
09:59:11 consistent with civil service, accordingly, I
09:59:14 would respectfully request for reappointment, if I
09:59:16 may.
09:59:17 >>CHARLIE MIRANDA: Thank you very much, sir.

09:59:18 Next please?
09:59:31 >> I'm Charlotte Hursey and I am finishing my
09:59:35 seventh year on the civil service board.
09:59:37 I enjoy being on the board.
09:59:41 I think do I a good job.
09:59:42 I feel that -- I know that I do a good job.
09:59:46 And I felt that it's important, even after seven
09:59:50 years, I still believe that it's important for
09:59:52 employees to feel that they have recourse when
09:59:56 they have been disciplined the and most especially
09:59:59 when they've lost their job.
10:00:00 I would really much appreciate being reappointed
10:00:04 for another three years.
10:00:05 Thank you.
10:00:07 Have any questions?
10:00:08 >>CHARLIE MIRANDA: I nodes motion.
10:00:09 I have a motion by Mr. Cohen, for appointments of
10:00:12 both.
10:00:12 -- I'm sorry, I missed the second.
10:00:14 There were three of them.
10:00:16 Ms. Capin gets it this time.
10:00:18 Okay.
10:00:22 All in favor of the motion, please indicate by
10:00:26 saying aye.
10:00:27 Opposed nay.

10:00:28 The ayes have it unanimously.
10:00:29 >> Thank you, Council.
10:00:30 The next board is the enterprise zone development
10:00:34 agency.
10:00:35 This is item number 5.
10:00:37 We have two applicants.
10:00:39 And six positions.
10:00:41 The other four positions we will readvertise.
10:00:46 If Mr. Nicholas Glover and Mr. Michael James
10:00:50 Reedy.
10:00:54 Thank you.
10:00:55 >> Thank you, Mr. Chairman.
10:00:58 Good morning, everyone.
10:00:59 My name is Nicholas Glover.
10:01:00 I'm excited to stand before you to talk about the,
10:01:04 my candidate canes for this board.
10:01:06 My wife and I live in old Seminole Heights in the
10:01:08 Hampton Terrace district.
10:01:10 Very excited to contribute in a meaningful way.
10:01:12 I think enterprise zone development board does
10:01:14 just that, makes Tampa a little bit stronger.
10:01:17 Educationally, I'm a political science major from
10:01:20 the college of Charleston, country's 13th oldest
10:01:23 institution.
10:01:24 I've had the pleasure of serving as student body

10:01:27 president there professionally I work for gas
10:01:30 south and Florida market manager for that
10:01:32 organization, running Florida operations.
10:01:35 I think what I can contribute from day one to that
10:01:37 board in a meaningful way.
10:01:38 And I would respectfully ask for your support.
10:01:41 Thank you.
10:01:42 >>CHARLIE MIRANDA: Thank you very much,
10:01:42 Mr. Glover.
10:01:43 Next please?
10:01:48 >> Thank you, Mr. Chair and members of City
10:01:52 Council.
10:01:52 My name is Michael Reedy.
10:01:54 I live 4211 Fairway Circle.
10:01:56 I stand before you today because I'd like to be
10:01:59 considered for the enterprise zone development
10:02:00 agency.
10:02:01 As a real estate professional, I know of the
10:02:04 effects that tax concessions, regulations and
10:02:09 smart zone development can have on our community
10:02:11 and on our neighborhoods.
10:02:12 As a millennial, I believe that my voice should be
10:02:16 heard in this organization.
10:02:17 I definitely feel that that would bring a new
10:02:20 perspective of things, of futures organizations,

10:02:23 biotechnology and manufacturing.
10:02:25 As a member of the LGBT community, I feel that
10:02:32 it's very important to encourage companies and
10:02:34 businesses that have diversity as a major core
10:02:37 value.
10:02:38 With all of that being said, I do have civic and
10:02:41 community organizations in my background.
10:02:43 I currently am the chair of the neighborhood
10:02:46 empowerment committee for the Hillsborough County
10:02:48 children's board.
10:02:49 I am a committee member for the greater Tampa
10:02:52 association of Realtors.
10:02:53 And I also try to engage as often as I can in my
10:02:57 community and volunteering.
10:02:58 So I thank you for your time and I thank new
10:03:00 advance for your consideration.
10:03:02 >>CHARLIE MIRANDA: Thank you very much.
10:03:02 We need a motion.
10:03:03 >> Move the appointments.
10:03:04 >>CHARLIE MIRANDA: Well, Mr. Reddick told me
10:03:06 before all of you so I'll have to go with
10:03:09 Mr. Reddick.
10:03:10 Ms. Montelione second.
10:03:11 Ms. Capin third and the rest of us follow right
10:03:13 close by.

10:03:14 All in favor of that motion for approval by
10:03:16 Mr. Reddick, second by Ms. Montelione, please
10:03:18 indicate by saying aye.
10:03:19 Opposed nay.
10:03:21 The ayes have it unanimously.
10:03:22 Yes, ma'am?
10:03:22 >> Thank you, Council.
10:03:24 Again, we will readvertise for the other four
10:03:27 positions.
10:03:28 Moving on to item number 6, we have two applicants
10:03:34 and two positions.
10:03:36 The individuals would like to be reappointed.
10:03:41 Steven Sutton and Kevin Mineer.
10:03:47 >> Good morning all.
10:03:48 I'm Kevin Mineer.
10:03:50 I'm a certified planner.
10:03:51 I have about 30 years of experience.
10:03:53 Most of it here in the Tampa Bay area.
10:03:55 I have a 90-year-old house, which I'm slowly but
10:03:59 surely trying to lovingly restore.
10:04:01 And I love being on the historic preservation
10:04:03 board.
10:04:04 And I'd love to be reappointed if you all so
10:04:07 desire.
10:04:07 Thank you.

10:04:09 >> So moved, Mr. Chair.
10:04:11 >> Second.
10:04:11 >>CHARLIE MIRANDA: Motion by Mr. Reddick for
10:04:13 approval.
10:04:13 Second by Mr. Cohen.
10:04:16 Further discussion by Councilmembers?
10:04:19 >> I believe we do have another.
10:04:21 >>CHARLIE MIRANDA: Yeah, one more.
10:04:22 There's two of them.
10:04:35 >> [Inaudible]
10:04:38 >>CHARLIE MIRANDA: All right.
10:04:38 Let me go back.
10:04:41 Where are we at, clerk?
10:04:43 I had about eight conversations at once.
10:04:45 I'm sorry, I missed it.
10:04:46 >> We do have the resolution appointing Kevin
10:04:49 Mineer.
10:04:49 >>CHARLIE MIRANDA: That's the one by Mr. Cohen,
10:04:51 second by Ms. Montelione.
10:04:53 All in favor of that motion, please indicate by
10:04:54 saying aye.
10:04:54 The ayes have it unanimously.
10:04:57 >> Mr. Sutton.
10:04:59 >>CHARLIE MIRANDA: Motion by Mr. Reddick to move
10:05:01 the second one, Mr. Sutton.

10:05:02 Second by Mr. Suarez.
10:05:03 Further discussion by Councilmembers?
10:05:05 All in favor of the motion, please indicate by
10:05:07 saying aye.
10:05:09 >> Mr. Chair, if you'd like to rescind the
10:05:11 resolution that was prepared, has both names on
10:05:13 it.
10:05:15 >>CHARLIE MIRANDA: Maybe vote on this and rescind
10:05:17 the other one.
10:05:18 All in favor of that motion, please indicate by
10:05:20 saying aye.
10:05:20 The ayes have it unanimously.
10:05:21 Now, need to rescind the original resolution,
10:05:25 dealt with two names on it instead of one each.
10:05:28 Motion to rescind by Mr. Reddick, second by
10:05:33 Mr. Cohen.
10:05:34 All in favor of that motion, please indicate by
10:05:39 saying aye.
10:05:40 The ayes have it unanimously.
10:05:40 Thank you very much.
10:05:41 For getting me all goofy here.
10:05:46 >>THE CLERK: Council, we have the last one for the
10:05:49 Variance Review Board.
10:05:50 We have one applicant for the one position.
10:05:53 Bret Michael Feldman.

10:05:56 >> Good morning, Councilmembers.
10:06:03 My name is Bret Feldman.
10:06:05 I live 3617 West Tampa circle.
10:06:08 I'm here to express an interest in volunteering
10:06:09 for the Variance Review Board.
10:06:11 I'm a Floridian.
10:06:14 I've lived in Tampa 14 years and during that time,
10:06:16 my admiration for the city has continually grown.
10:06:20 It's a well-run city with diverse background and
10:06:23 an accepting culture.
10:06:25 As I've raised my family here, I want to
10:06:28 contributes as much as possible to the growth,
10:06:30 while preserving the beauty of this city.
10:06:32 Over the past year, I've become more involved in
10:06:36 Tampa through the Chamber of Commerce.
10:06:37 I'm a member of the leadership Tampa class of
10:06:41 02014.
10:06:42 And that has me looking for ways to give back to
10:06:46 the city.
10:06:48 Having participated somewhat this the Variance
10:06:50 Review Board process over the past year, I've
10:06:55 appreciated the process and think that that's an
10:06:58 excellent way to start giving back to the
10:07:01 community.
10:07:02 I am a board certified construction attorney, so

10:07:04 with that background in mind, it seemed like a
10:07:07 nice match.
10:07:08 So, with that, I'd like to allow the Council to
10:07:14 consider me for that position.
10:07:17 >>CHARLIE MIRANDA: I have a motion by
10:07:18 Ms. Montelione, second by Ms. Capin.
10:07:20 On this individual for the Variance Review Board.
10:07:23 All in favor of the motion, please indicate by
10:07:24 saying aye.
10:07:24 Opposed nay.
10:07:27 The ayes have it unanimously.
10:07:27 Thank you very much, sir.
10:07:29 >>THE CLERK: Council, thank you very much.
10:07:30 I just wanted to note, we have vacancies on the
10:07:33 affordable housing advisory committee, the
10:07:38 architectural review commission, the A.R.C., and
10:07:40 the equal business opportunity advisory Council.
10:07:43 And we will readvertise.
10:07:46 Thank you very kindly.
10:07:47 >>CHARLIE MIRANDA: Thank you very much.
10:07:47 Okay, item number 8, this is memorandum to
10:07:51 continue to may the 15th.
10:07:56 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen,
10:07:57 second bid Mr. Reddick on item number 8.
10:08:00 All in favor of that motion to continue to

10:08:02 May 13th, year 2014 at 9:00 a.m., please indicate
10:08:05 by saying aye.
10:08:05 Opposed nay.
10:08:07 The ayes have it unanimously.
10:08:07 Thank you very much.
10:08:08 Okay, item number 9.
10:08:13 Staff reports, unfinished business.
10:08:16 Had through ten.
10:08:17 >> Good morning, City Council, Rebecca Kert,
10:08:19 assistant city attorney.
10:08:20 I am here to be responsive to part of item 9.
10:08:23 City Council had asked for a draft ordinance for
10:08:27 discussion regarding large venue nightclubs, which
10:08:30 was supplied to you on I believe at the end of
10:08:33 last week.
10:08:35 As City Council will recall, the discussion on
10:08:37 night clubs in general came up over two years ago.
10:08:42 Originally City Council gave a direction to the
10:08:44 legal department to see if there were any
10:08:46 regulations that City Council could implement on
10:08:49 nightclubs and to look into also regulation of
10:08:54 people 21 and up in nightclubs.
10:08:56 We came back and as you can imagine, there's a lot
10:08:58 of different ways you can regulate night clubs.
10:09:01 Can be very intensive regulations, very intensive

10:09:03 and expensive up front for the regulations, to
10:09:06 regulations which are lighter or easier to obtain
10:09:10 the permits, but focus more heavily on
10:09:12 enforcement.
10:09:13 There was after that report, City Council set a
10:09:16 workshop.
10:09:17 The workshop was very heavily attended.
10:09:19 There was a lot of input and discussion.
10:09:22 At the end of that workshop there, was no further
10:09:24 direction from City Council.
10:09:25 However, there were still outreach from the
10:09:28 community asking for further investigation into
10:09:32 whether or not it would be possible to do some
10:09:34 kind of nightclub regulation.
10:09:36 In particular, there was outreach from the Ybor
10:09:39 City community and not the Ybor City community as
10:09:41 a whole, but certain factions of the Ybor City
10:09:46 community continued to outreach and ask for some
10:09:48 help and assistance in coming up with some
10:09:51 regulations.
10:09:51 After about a year of discussions with
10:09:55 particularly people in Ybor City, there was some
10:09:59 consensus.
10:09:59 And I hesitate to say that after public comment
10:10:02 today, because consensus can come and go.

10:10:04 But at some point, there was some level of
10:10:06 consensus that there was a need for some type of
10:10:12 regulation.
10:10:12 That the regulation should be not difficult to
10:10:14 get.
10:10:15 And it should have, be more heavily focused on
10:10:19 enforcement and sanctions.
10:10:22 To hit some of the highlights, there was
10:10:25 discussions that the nightclubs should kind of
10:10:27 look and feel and onto like a nightclub.
10:10:29 That can be difficult to define.
10:10:31 But with a lot of input from the business owners
10:10:34 we came up with something that we think is
10:10:35 workable.
10:10:37 And that it would apply to establishments that
10:10:39 were over 250 and under 2,000.
10:10:43 Over 250 was determined because the thought was
10:10:47 with the smaller establishments, it's more easy
10:10:50 for the owner to have supervision over the
10:10:54 establishment as a whole.
10:10:55 When you start to get into larger establishments,
10:10:58 it's easier for the owner to take less
10:11:00 responsibility for what's going on in the
10:11:02 establishment.
10:11:02 And reason that there's a cap on the 2,000, it's

10:11:05 not a set number.
10:11:06 But the reason there was a cap on 2,000 is when
10:11:09 you get into the very large establishments, like
10:11:11 the performing arts center, Raymond James Stadium,
10:11:14 some other establishments, they already, from a
10:11:17 practical matter are forced to enforce themselves.
10:11:19 Most of them already have extra duty officers,
10:11:22 extra duty security.
10:11:23 So what the effort, for what it was, was to try to
10:11:26 carve out something that really looked like the
10:11:28 sort of establishments that people were concerned
10:11:32 could become problem clubs.
10:11:34 There was the determination that a permit would be
10:11:38 issued, that the permit would not be expensive.
10:11:41 City Council, if City Council chooses to go
10:11:42 forward with this at all, City Council would set
10:11:45 the fee by resolution.
10:11:46 The proposal at this time is approximately $50.
10:11:49 So it's knots supposed to be cost prohibitive.
10:11:52 The application is supposed to be simple.
10:11:54 The terms of the condition, it's an annual permit.
10:11:57 There is a requirement that the establishment have
10:12:01 crowd management training.
10:12:02 That's already a requirement in your fire code.
10:12:05 This is another way to ensure that people are

10:12:07 actually getting that training.
10:12:09 We have worked with the fire marshals to ensure
10:12:11 that they will be able to offer that training.
10:12:13 They'll have to get that within 60 days under the
10:12:16 current proposal.
10:12:16 In addition, there are sanctions.
10:12:21 These are not necessarily the littering or the
10:12:25 noise.
10:12:25 These are the serious sorts of crimes that we're
10:12:31 looking to control.
10:12:32 Felony controlled substances, homicide, felony,
10:12:36 murder, manslaughter, sales of alcoholic beverages
10:12:39 by minors and one that has become more
10:12:41 controversial lately, the criminal possession of
10:12:43 marijuana.
10:12:44 In addition, it has suspension provisions and
10:12:47 revocations provisions and enhanced security
10:12:50 requirements if in fact the establishment is
10:12:52 suspended or revoked before it can reopen.
10:12:54 And the appeal goes to City Council.
10:12:56 That was kind of overbroad consensus.
10:13:00 City Council had directed us to put it into
10:13:03 ordinance form and as City Council I believe knows
10:13:06 from experience, when things get put down into
10:13:08 concrete language, first of all, putting it into

10:13:11 that language requires, you know, you to identify
10:13:14 additional issues that perhaps have not been
10:13:16 identified before and also gives people an
10:13:18 opportunity to reevaluate and evaluate maybe even
10:13:22 for the first time certain sections of this.
10:13:24 There have been additional comments, both
10:13:27 externally and internally that I think would, we
10:13:30 would like the opportunity to look at because I
10:13:32 think it could come out for a better product.
10:13:35 One of the issues that has come up a lot is the
10:13:38 protections for club owners, when working with the
10:13:41 police.
10:13:42 Seriously it's kind of counter to the public
10:13:46 interest to punish people who are self-reporting.
10:13:48 And I think the ordinance could probably do a
10:13:51 better job of addressing that issue.
10:13:52 In addition to looking at some of the prohibited
10:13:57 conduct, we were evaluating particularly the
10:14:01 criminal possession of marijuana.
10:14:03 Perhaps that should be limited to either the sale
10:14:06 of marijuana or perhaps tie it more directly to
10:14:09 the employees.
10:14:10 Things that the club owner should have more direct
10:14:12 control over.
10:14:13 We haven't finalized anything on that, but those

10:14:15 are things we'd like the opportunity to speak,
10:14:19 speak both at the police department and the
10:14:22 community about.
10:14:23 As far as whether or not it applies to Ybor City
10:14:26 or citywide, there's no legal reason why it has to
10:14:29 apply only to Ybor City.
10:14:30 There was a thought process that because the group
10:14:34 that had really pressed forward with the request
10:14:38 for this, and had really worked with the city on
10:14:42 most of the details was Ybor City.
10:14:44 And that we were fairly, at least it seemed we
10:14:47 were fairly close to some consensus with them.
10:14:50 That to start with Ybor City as sort of a trial
10:14:53 practice opportunity would be a way to get
10:14:57 something in place quicker and then we could
10:14:59 obviously come back and evaluate in six months and
10:15:02 potentially go citywide and use that opportunity
10:15:05 to speak to, do some more outreach in the rest of
10:15:09 the city.
10:15:10 But that's a policy decision.
10:15:11 That was a thought process.
10:15:12 It wasn't trying to target Ybor City or say Ybor
10:15:15 City is bad.
10:15:16 It was a practical thought and the City Council
10:15:19 disagrees with that, then City Council can

10:15:21 certainly direct those changes.
10:15:22 But, at this point, what I would suggest to you is
10:15:27 that we would like to have the opportunity tow
10:15:29 honey this ordinance into functionality a little
10:15:31 bit closer and a little bit better.
10:15:33 If you would allow us to do that.
10:15:35 I also have captain Delgado here to answer
10:15:39 questions regarding the cost for off duty police
10:15:42 and of course I'm available for questions and
10:15:44 comments.
10:15:45 >>CHARLIE MIRANDA: Ms. Mulhern asked for the floor
10:15:48 first.
10:15:48 Who's next?
10:15:49 >>MARY MULHERN: No, I -- well, I'll ask it.
10:15:52 This list is the 200 to 2,000?
10:15:56 >> I don't have that list.
10:15:58 So I don't know what you're looking at.
10:16:00 >>MARY MULHERN: We don't know where this came
10:16:01 from.
10:16:01 I just want to know who's on the list.
10:16:06 >>REBECCA KERT: I don't have it.
10:16:09 >>CATHERINE COYLE: It wasn't intended to be handed
10:16:10 to you at that empty Missouri.
10:16:12 It is literally just a list of all alcohol
10:16:14 establishments in Ybor.

10:16:15 There's a map that goes with it.
10:16:16 I didn't realize -- it's just alcohol
10:16:19 establishments.
10:16:20 >>MARY MULHERN: It's only Ybor.
10:16:28 >>MARY MULHERN: It's all alcohol?
10:16:31 >>CATHERINE COYLE: These are just the location
10:16:31 that is have alcohol permits in Ybor City.
10:16:34 Has no relationship whether it's a nightclub or
10:16:36 not.
10:16:36 This is just a base map for alcohol.
10:16:39 It's nice to have, just as background information.
10:16:41 That's all that was.
10:16:43 >> How many are there?
10:16:45 >> In Ybor?
10:16:47 >>CHARLIE MIRANDA: Ms. Capin?
10:16:49 >>YVONNE CAPIN: How many are there?
10:16:51 >>CATHERINE COYLE: Alcoholic beverage sales
10:16:52 establishments?
10:16:53 140.
10:16:53 141.
10:16:55 Sorry.
10:16:56 >>YVONNE CAPIN: Here's a question.
10:16:57 How many of the 140 fit the 250 to 2,000?
10:17:02 >>CATHERINE COYLE: Comparing that to the fire
10:17:04 permits, approximately 20.

10:17:06 >>YVONNE CAPIN: 20.
10:17:07 An ordinance for 20.
10:17:08 Got it.
10:17:08 Thank you.
10:17:09 >>CHARLIE MIRANDA: Ms. Montelione?
10:17:13 >>LISA MONTELIONE: Thank you, Mr. Chair.
10:17:15 This is for the clerk.
10:17:17 Okay.
10:17:19 So, we have been working on this for a long time.
10:17:23 It initially came up because we did as many people
10:17:26 mentioned earlier, there were problem clubs, there
10:17:29 were problem owners and there was a couple of
10:17:33 incidents that happened that were tragic.
10:17:37 And you know, it's kind of the knee jerk reaction
10:17:43 that we often have when something tragic happens.
10:17:47 Everybody jumps up, we need to do something, we
10:17:49 need to do something.
10:17:51 So we started these conversations.
10:17:53 The staff has had numerous workshops.
10:17:56 I've attended several of them.
10:17:58 And you know, what happens often when you act out
10:18:04 of emotion and turmoil of the moment, everybody
10:18:10 jumps to let's get something done.
10:18:12 Now we heard this morning during public comment,
10:18:18 we don't have a problem in Ybor City.

10:18:19 We don't have those problem clubs any longer.
10:18:23 And all the operators are upstanding, fine
10:18:27 individuals working hard to, to keep their
10:18:32 businesses clean and enjoyable for everyone who
10:18:38 goes there.
10:18:39 So, for me, this is precisely the time where we
10:18:44 should be discussing an ordinance.
10:18:46 Because clear heads, clear minds, the
10:18:51 affordability of time, where we're not rushing to
10:18:54 get something done.
10:18:55 We can honestly have an open discussion so that we
10:19:00 don't have another tragedy happen.
10:19:03 We don't have another owner come in who is not a
10:19:08 member of the fine community that we have here
10:19:10 today, and everyone is exactly right.
10:19:14 The problem owners -- and this doesn't just apply
10:19:18 to this alcohol discussion.
10:19:20 This applies across the board.
10:19:22 When you have a problem and you're trying as a
10:19:26 community to deal with it, it's usually the good
10:19:29 people in the community who are not breaking laws,
10:19:32 who are not causing the problem, who want to
10:19:34 protect their environment and who want to protect
10:19:37 the community.
10:19:38 The bad guys never show up.

10:19:40 So, you know, it's those who know how to operate
10:19:45 good decent safe clubs that share with us the
10:19:50 information on what they do best.
10:19:52 Keep those clubs safe and clean and operating to
10:19:57 their utmost performance.
10:19:59 So, I think that despite what a lot of people have
10:20:04 said now and as Ms. Kert had mentioned, we had
10:20:08 consensus, when we don't have consensus, it ebbs
10:20:11 and it wanes.
10:20:13 But I think we're a lot closer than many people
10:20:17 realize.
10:20:18 There's the ordinance we were presented with
10:20:19 today.
10:20:21 And apologies to members of the community, such as
10:20:24 T.H.A.N. and as Ms. Vizzi pointed it out, did not
10:20:28 get copies of the ordinance timely.
10:20:30 I don't know who else is out there who would like
10:20:32 to see it that did not receive it.
10:20:35 But contact me, I'll pass it along.
10:20:37 There are opportunities for us to make this
10:20:43 something of a document that we can be, all be
10:20:45 proud of and all support.
10:20:47 There are things -- for instance, myself, I agree.
10:20:51 I want to see this citywide.
10:20:53 I don't want to see it just apply to Ybor.

10:20:56 I think that we, with all the workshops we had.
10:21:00 We afforded the opportunities for other areas and
10:21:02 club owners across the city to participate.
10:21:05 For some reason, they chose not to.
10:21:08 So I'm not sure if more outreach is going to get
10:21:11 them to come to the table.
10:21:13 I think that if we go forward with this discussion
10:21:20 and bring it back with some of the refinements
10:21:24 that Ms. Kert mentioned, that we could have that
10:21:28 outreach happen between now and the time it comes
10:21:31 back and perhaps go citywide because I agree, if
10:21:34 you say this applies to Ybor, that's maybe sending
10:21:37 the message, we have a problem in Ybor still and
10:21:41 we need to address it.
10:21:42 I mean, some folks even during public comments
10:21:44 said that that perception is still out there.
10:21:48 Maybe something like this will help quell that and
10:21:51 be a better situation.
10:21:54 So there are changes.
10:21:55 I mean, I can go into the specifics of them, or
10:22:00 just be general and listen to what my colleagues
10:22:03 have to say.
10:22:04 A lot of the suggestions that I have heard and
10:22:08 some that I've brought forth, Ms. Kert has already
10:22:11 discussed and that is revision to section 6-280,

10:22:16 which discusses the possible violations list and
10:22:20 what would be included in that list.
10:22:22 I think we need to clarify some of those and we
10:22:26 can, we can be a little bit more precise in what
10:22:31 we're asking for there.
10:22:33 I think that the provision for extra duty
10:22:37 officers, there are other ways to address this.
10:22:39 I spoke with Captain Delgado a few times about
10:22:42 this.
10:22:43 He's talked to Chief Bennett, so maybe he wants to
10:22:46 come and address some of these things.
10:22:48 I can see he's behind the cameraman over there.
10:22:50 There you are.
10:22:51 If he would like to come up to the microphone,
10:22:57 please.
10:22:57 Thank you.
10:22:58 And address some of the things we talked about
10:23:01 earlier about the extra duty officers, because I
10:23:04 know that is a particular sticking point, not only
10:23:07 for members of the community, but for members of
10:23:10 Council and discuss the expense involved and maybe
10:23:14 there are better ways.
10:23:15 Can you share some of the insights of TPD?
10:23:19 >> Good morning.
10:23:19 We looked at the ordinance and conceptually, we

10:23:25 agree that there should be an ordinance in place
10:23:29 to prevent future violence or future harm.
10:23:31 Anything that he would can do to protect the
10:23:34 safety of not only business owners in Ybor City,
10:23:36 but the patrons in Ybor City, is something we're
10:23:39 definitely in favor of.
10:23:40 This is a good working draft to start with as far
10:23:45 as getting going.
10:23:47 We have a good working relationship with the
10:23:49 business owners in Ybor City.
10:23:50 And looking at the ordinance, there are other
10:23:54 options that we could possibly explore.
10:23:57 They're CPED designs we can do.
10:24:02 Crime prevention through environmental design.
10:24:05 We would send somebody out and they would look at
10:24:07 every aspect of the safety of the building and
10:24:10 windows and cameras.
10:24:11 There's multiple options we can do.
10:24:13 There's security training that can be provided.
10:24:16 I don't necessarily think we should fit in a hole,
10:24:19 just to solve the problem.
10:24:21 It's not something that, you know, I personally
10:24:24 would enjoy, more officers in Ybor City as well.
10:24:28 But, there's other ways that we could probably do
10:24:30 this too as well.

10:24:32 So, I just, I think it should be left open.
10:24:35 I think there's more discussion that needs to be
10:24:37 happened with everybody involved, with bar owners,
10:24:39 with us.
10:24:40 With the city and I think we can come to a mutual
10:24:42 conclusion pretty quickly.
10:24:45 >>LISA MONTELIONE: I think we discussed also the
10:24:47 tying in of the severity of the offense with the
10:24:52 action that, or the sanction that would be taken.
10:24:56 >> Right.
10:24:56 I mean again, it's hard to put just possessing the
10:25:03 marijuana as a sanction, because just to give you
10:25:06 an example what could possibly happen, is if a bar
10:25:10 owner is in Ybor City and they throw somebody out
10:25:12 for being disruptive or fighting or whatever and
10:25:14 we take action outside.
10:25:16 Or we're working extra duty at the club and we
10:25:18 take action.
10:25:18 And it leads to an arrest and we search the guy
10:25:21 when we get ready to put him in the car and
10:25:23 there's a bag of marijuana in his pocket.
10:25:25 Then that would fall under the violation in a
10:25:27 sense, because it's a possession of Lauren charge
10:25:30 at the property.
10:25:31 So stuff like that, I think we need to work

10:25:34 through some of those issues.
10:25:35 I think there's some room there to kind of being a
10:25:38 little more specific in some of the violations.
10:25:41 Obviously, the egregious violations of the guns
10:25:44 and the, you know, if we get those violations and
10:25:48 metal detectors are an option we can put in place.
10:25:51 You know, take the Empire, for example, and I hate
10:25:55 to bring up the incident at the Empire --
10:25:58 >>LISA MONTELIONE: That's what brought us here.
10:26:00 >> Right.
10:26:00 That is what brought us here.
10:26:01 We met with the Empire first.
10:26:03 We had a problem now today, chief would send me
10:26:08 down to the club and have a meeting and talk about
10:26:11 the problems and what we can do to fix the
10:26:13 problems.
10:26:13 And if that didn't change any actions, then we
10:26:16 would have a meeting with our chief and their
10:26:19 management and we'd get a little stronger.
10:26:21 Then you would see what we did at Empire and we'd
10:26:23 bring in -- it's manpower intensive.
10:26:26 We'd bring in 40, 50 guys in a week, enforce
10:26:28 everything under the sun and ultimately they close
10:26:31 their doors.
10:26:32 I think this ordinance would help us eliminate all

10:26:34 that manpower intensiveness if we could get some
10:26:38 sort of sanctions to it early.
10:26:41 Like I said, it's a good working document to start
10:26:44 with.
10:26:44 And the sanctions I think we need to discuss a
10:26:47 little bit more because I think there's some more
10:26:49 room.
10:26:52 >>LISA MONTELIONE: Absolutely agree.
10:26:53 And I think that the, the point here is that there
10:26:59 are intensive operations that the city has to
10:27:05 extend when we start having problems.
10:27:07 And I think that what the old saying, a pound of
10:27:12 prevention is worth a ton of cure, or something to
10:27:16 that effect.
10:27:17 I think that if we take these proactive steps,
10:27:22 that we, we prevent that strain on our resources
10:27:28 in Ybor City.
10:27:29 We prevent plain something from happening.
10:27:31 But I think there are also, from the discussions
10:27:35 that I've had with the bar owners and the folks
10:27:39 who have an interest in this, is that there is
10:27:42 some sort of review process so that those club
10:27:47 owners who are self-policing, who have the
10:27:51 internal securities, who are taking those
10:27:53 proactive steps, should be rewarded for doing

10:27:58 that.
10:27:58 And not be sanctioned for, you know, your removing
10:28:03 someone from a club and putting them in the car
10:28:05 and finding marijuana or you know, pills in their
10:28:08 pocket.
10:28:09 There's no way an owner can possibly police those,
10:28:13 themselves those kinds of things that a patron is
10:28:16 going to do.
10:28:17 So I think that yes, those issues need to be
10:28:20 addressed and perhaps as Ms. Kert said, more
10:28:23 directly tied to something that the staff is
10:28:26 doing.
10:28:27 If the staff is engaging in illegal activity, then
10:28:31 you know, the owner and the management needs to be
10:28:34 held accountable for that.
10:28:35 If it's a patron that comes in with something in
10:28:38 their pocket, there's no way that the club owner
10:28:40 is going to know or have, be able to be
10:28:42 responsible for that.
10:28:43 So I think there's maybe some element of review
10:28:47 process of what the sanction -- before sanctions
10:28:50 are engaged on a club, that they're reviewed, the
10:28:58 violations are reviewed.
10:28:59 >> Just, I means, ultimately we would like to see
10:29:03 from police department perspective, is the

10:29:06 citywide.
10:29:07 Because there are other clubs in the city that
10:29:09 have potentially, they could rise up and give us
10:29:11 the same problem.
10:29:13 >>LISA MONTELIONE: I absolutely agree.
10:29:14 There was a lounge on Busch Boulevard, it still is
10:29:16 there today.
10:29:18 And there have been problems in that club.
10:29:21 I mean, there have been knife fights and there
10:29:25 have been gunfights.
10:29:26 And all kinds of things.
10:29:30 >>CHARLIE MIRANDA: Ms. Capin?
10:29:33 >>YVONNE CAPIN: Thank you, Mr. Chair.
10:29:34 In reviewing the ordinance, it strikes me that the
10:29:46 ordinance, the draft that was brought forth
10:29:48 December the 5th did not have off-duty officers in
10:29:52 it.
10:29:52 This is amazing.
10:29:54 A 180° from all the owners.
10:29:59 They first came two years ago.
10:30:01 Then December the 5th.
10:30:02 No, we have been working on it.
10:30:04 Do what we have been working on.
10:30:05 This comes forward, no, do don't do this.
10:30:08 Now, these people that are here today are

10:30:11 responsible owners.
10:30:11 There's no doubt.
10:30:12 I've been in many of their places.
10:30:14 And even Gaspar's Grotto won the Cuban sandwich
10:30:21 contest.
10:30:22 Very community oriented.
10:30:24 And now it's being suggested to do citywide.
10:30:27 Which is exactly what was brought forth December
10:30:30 the 5th.
10:30:31 It's a 180, if I ever saw one.
10:30:35 But let me go ahead and suggest something.
10:30:37 Since they're working already with law
10:30:40 enforcement, one of the studies that was brought
10:30:44 to me was the city of Miami.
10:30:46 The city of Miami in 2001, I think had 3,000
10:30:51 residents.
10:30:54 About seven years later, or five years later, they
10:30:57 had 70,000 residents.
10:30:59 The club owners formed an association and worked
10:31:08 with law enforcement.
10:31:11 They themselves policed themselves.
10:31:14 Some of them even closed their rooftop bars,
10:31:19 because of the noise.
10:31:20 No ordinance had to be done.
10:31:23 I have suggested that before.

10:31:26 It was very impressive, what they were able to do
10:31:31 in the city of Miami, in particularly downtown
10:31:34 Miami.
10:31:34 And the reason was in downtown Miami, they wanted
10:31:38 to compete with, or balance out with the beach.
10:31:46 And they gave out -- all of these maces opened up
10:31:49 because there was nobody living there very similar
10:31:51 to what we have in Ybor City.
10:31:53 So, what happened there was, they went ahead and
10:31:58 formed an association, just the clubs, with law
10:32:01 enforcement.
10:32:03 And worked it out.
10:32:04 And it is working very, very well today.
10:32:07 So, that would be one of the suggestions I make.
10:32:10 The other thing was that the 180, I'm still taken
10:32:17 back by that.
10:32:18 Where it was, it was brought up and really, and
10:32:26 really they themselves shined the light on Ybor.
10:32:30 Not anyone up here.
10:32:32 And no one took consideration as to what the, what
10:32:38 the side effects would be of that.
10:32:42 There are 20 places in Ybor that fit this
10:32:46 criteria.
10:32:47 And we're going to -- and this is supposed to do
10:32:50 an ordinance for 20 locations just in Ybor City.

10:32:55 The light was shined on Ybor by Ybor merchants.
10:33:01 And now they find that they have, that they can --
10:33:08 they can handle that -- it was two years ago.
10:33:11 And yes, I agree.
10:33:12 Ybor is morphing and it is doing it because those
10:33:16 places that, it's all about, if you can make a
10:33:20 living.
10:33:21 We have restaurants going in there.
10:33:24 The vibe in Ybor is very, very different than it
10:33:27 was two years ago.
10:33:28 That's my suggestion going forward.
10:33:32 We do have a workshop coming up next week.
10:33:34 And suggesting this go citywide from this draft
10:33:44 is, is just not something that I would support.
10:33:50 >>CHARLIE MIRANDA: Thank you very much.
10:33:50 Mr. Reddick?
10:33:52 >>FRANK REDDICK: Thank you Mr. Chair.
10:33:53 >>CHARLIE MIRANDA: Captain?
10:33:59 The major wants.
10:34:04 >>FRANK REDDICK: Could give me the cost of what it
10:34:08 cost for off-duty officer?
10:34:10 >> Currently the officers rate a pay for the
10:34:13 business to the city is $41 an hour.
10:34:16 >>FRANK REDDICK: $41 an hour.
10:34:18 >> 41.

10:34:18 Then a supervisor is required if there's more than
10:34:21 four.
10:34:21 So if there's five officers, normally they would
10:34:24 hire a supervisor and four officers.
10:34:26 Supervisor rate is 49 an hour.
10:34:28 >>FRANK REDDICK: Why is it -- well, that is one of
10:34:31 the thing that disturbed me about this ordinance,
10:34:33 because you require them, a supervisor to also be
10:34:36 hired.
10:34:38 And that just putting added burden on a bar owner
10:34:42 and a club owner.
10:34:43 And I don't think that's fair.
10:34:45 You know, we have been talking about this for
10:34:50 quite a bit.
10:34:51 And it seems each time we discuss this, we seem to
10:34:57 have come up with different views and we continue
10:35:02 to meet, extend this discussion more and more.
10:35:06 To a point that I'm going to be sitting up there
10:35:11 asking for a drink if we don't do something soon.
10:35:13 [ Laughter ]
10:35:14 >>FRANK REDDICK: Because I'm at the point where
10:35:18 I'm almost tired of dealing with this over and
10:35:21 over.
10:35:23 But, let me just say that I don't support this
10:35:31 ordinance.

10:35:31 And under these conditions, I will never supports
10:35:34 it.
10:35:35 I think it's unfair to ask these owners to have
10:35:41 all these extra duty police officers to be
10:35:45 present.
10:35:45 And Ms. Kert, let me ask you a question.
10:35:49 Have you had a chance to review the state
10:35:55 ordinance record that pertain to alcoholic
10:35:58 beverages and clubs?
10:36:00 >>REBECCA KERT: I have reviewed several state
10:36:01 ordinances.
10:36:02 I'm not sure exactly write one you're talking
10:36:04 about.
10:36:05 But if you're talking about the ability for the
10:36:07 state to revoke an alcoholic beverage license,
10:36:09 yes, I have reviewed it.
10:36:12 I don't have it directly in front of me right now,
10:36:14 but I have reviewed it this week.
10:36:16 >>FRANK REDDICK: Is it anything similar to what
10:36:18 we're looking at here?
10:36:23 >>REBECCA KERT: AHH -- no, no, but kind of.
10:36:27 I mean, the state has the ability to revoke a
10:36:29 license under a number of different circumstances.
10:36:33 And how the state reviews that and how the state
10:36:38 determines what a case is appropriate to bring

10:36:40 forward, I don't want to speak on their behalf.
10:36:42 This ordinance would put that control with the
10:36:45 city.
10:36:47 It is not the same list of sanctions.
10:36:50 Some of them certainly overlap.
10:36:52 Ours is actually more narrow, I think.
10:36:54 But I think ours -- let me be careful how I say
10:36:58 that.
10:36:58 The one with the state, they have a greater amount
10:37:01 of discretion on when to bring cases.
10:37:06 Ours is a much more narrow list.
10:37:08 But it's very clear under what provisions you will
10:37:13 be sanctioned.
10:37:14 I think your point about the enhanced security
10:37:17 requirements, I think what you've heard is that,
10:37:20 you know, police officer and, that TPD and the
10:37:24 administration would like an opportunity to look
10:37:27 at that and not have that be such a cut and dry
10:37:31 sanction that, and try to tailor it more to what
10:37:34 the problem in the club was.
10:37:36 And it may be that it's not hiring extra duty
10:37:38 officers at all.
10:37:39 It may be one time expense with cameras, or it may
10:37:42 be something else.
10:37:43 And I think that there is agreement on all sides

10:37:47 with your comment on that.
10:37:48 >>FRANK REDDICK: All right.
10:37:48 Let me just say a couple things in general.
10:37:51 If you look and we're talking about Ybor City, if
10:37:55 we can draw this many club owners to a Council
10:38:01 meeting from Ybor City, just imagine what we're
10:38:04 going to have here if you talk about going
10:38:07 citywide.
10:38:08 You're going to have people in the hallway trying
10:38:14 to get in here to have a discussion.
10:38:17 And also, let me just say that, why is it -- we
10:38:25 have -- I've heard from a lot of bar owners,
10:38:28 everything is in Ybor, they're not having all
10:38:34 these infractions and disturbances that we had in
10:38:39 the past.
10:38:41 I just -- it's just amazing to me that when an
10:38:45 issue comes up pertaining to a bar or club, it
10:38:51 seem to me we can at that point take drastic
10:38:55 measures to address those issues through this
10:38:59 Council, through law enforcement, and not have to
10:39:05 put a particular ordinance in place.
10:39:07 It just seem to me we can do that.
10:39:09 We had the mechanism in place that allows us to
10:39:14 address those issues when they come, when they
10:39:16 occur.

10:39:16 And not just in Ybor City, but throughout the
10:39:19 city.
10:39:19 And not just have a specific ordinance to put in
10:39:21 place.
10:39:22 We cannot afford to run people out of business.
10:39:27 We hear all the time that people are speaking
10:39:33 about traveling this country and inviting people
10:39:37 to come and visit.
10:39:38 Come visit this city.
10:39:40 And if you look at what's good enough around the
10:39:45 city, you see people building up hotels, they're
10:39:47 building up restaurants and they're building
10:39:50 establishments.
10:39:51 And we put all these restrictions on these people.
10:39:55 A lot of these places are going to close.
10:39:58 And they're not going to survive.
10:40:02 And I'm happy to see Mr. Flynn is here, who is the
10:40:09 owner of the Ybor jazz club here, because that's a
10:40:15 fine establishment.
10:40:16 It is new business owner in Ybor City.
10:40:19 He's doing well.
10:40:20 His business is growing.
10:40:21 But, I don't want to see him get put out of
10:40:24 business.
10:40:25 Because with all these restrictions, all these

10:40:30 extra duties officers, and the thing, last thing,
10:40:34 Mr. Chairman, I try to stay within my five minutes
10:40:37 time limit.
10:40:38 The last thing I want to say is this.
10:40:42 I don't care how many officers you hire off duty
10:40:46 at the establishment.
10:40:48 You cannot prevent anything from going on around
10:40:52 the vicinity of your club, of your establishment.
10:40:55 I read all the time in the paper, see on the news
10:41:00 all the time that someone leaves an establishment,
10:41:06 a few blocks down the road, they get into a fight.
10:41:08 Somebody get in a shooting and you're going to
10:41:11 have five, six, police officers sitting in that
10:41:13 club.
10:41:13 But you're not protecting these people when they
10:41:16 walk away.
10:41:17 So you cannot hold the owners of those clubs
10:41:19 responsible because somebody left the
10:41:21 establishment and start a fight or start shooting.
10:41:24 And not fair to the owners.
10:41:27 So we need to be fair and we need to be honest
10:41:30 with this.
10:41:32 And I don't want to put this undue burden on these
10:41:35 club owners.
10:41:37 And I think that we can tighten this ship by

10:41:41 dealing with tissues as they present themselves.
10:41:45 First just putting something in place, I think
10:41:47 we'll be better off, we'll be a better Council.
10:41:50 And we got the tools and we got the law
10:41:53 enforcement, we got the legal department where we
10:41:55 can address those issues and take the necessary
10:41:57 action when, once they come before us.
10:42:01 So thank you Mr. Chairman.
10:42:02 >>CHARLIE MIRANDA: Thank you, Mr. Reddick.
10:42:03 Mr. Suarez, then Mr. Cohen in that order.
10:42:06 >>MIKE SUAREZ: Thank you, Mr. Chair.
10:42:07 Ms. Kert?
10:42:08 I don't know why you stand away so far away.
10:42:12 You knew I was going to call you up here.
10:42:14 Quick question about, about what the state process
10:42:21 is when they want to take away someone's liquor
10:42:24 license, because I think there's a big confusion
10:42:26 in the public that they think we issue licenses
10:42:29 for liquor when in fact we don't.
10:42:31 We only have -- we don't give them that license.
10:42:34 That's only the state does that.
10:42:35 The process, and the reason I'm asking this is
10:42:39 because two years ago when this discussion first
10:42:41 started, the merchants from Ybor City had made a
10:42:45 comment about how the state was not going quick

10:42:48 enough and that we were a little bit handcuffed in
10:42:51 order to try and take care of some of these bad
10:42:56 actors that were in Ybor City.
10:42:57 What's the process once it's on their radar
10:43:01 screen, that they bring up, you know, they have
10:43:04 some due process -- are you familiar with the
10:43:06 process that they have?
10:43:08 >>REBECCA KERT: I can't speak to the process in
10:43:09 great deal.
10:43:10 I would rather have someone from the state speak
10:43:12 to it.
10:43:13 I can speak to the way the way state law is set
10:43:15 up, it is something that requires discretion up
10:43:17 front.
10:43:17 So there is a lot of due process built in up
10:43:21 front.
10:43:22 We have our due process built in, which I think is
10:43:25 very full and ample due process in the appellate
10:43:29 remedy, because we have such -- we're attempting
10:43:33 to have such clear criteria about what it can be
10:43:35 revoked on.
10:43:36 They have more -- they have a number of things
10:43:38 that can be revoked on.
10:43:39 One of the ones that probably people would be
10:43:41 looking for here is nuisance.

10:43:43 And it's also, they don't necessarily have -- and
10:43:48 I'm not criticizing it.
10:43:50 It's a different approach.
10:43:51 But they don't have a two in this timeframe or
10:43:54 three in this timeframe.
10:43:55 It can be revoked for one, but it's not
10:43:56 necessarily going to be revoked or suspended for
10:43:59 one violation.
10:44:00 So, it's very hearing, public hearing, due process
10:44:07 process, which, you know, much like some of our
10:44:12 processes are like that.
10:44:14 Like code enforcement, that it's very important
10:44:16 that that due process takes place.
10:44:18 That's the only way it's a legal process.
10:44:20 But it can be frustrating for people who are on
10:44:23 the outside of that process.
10:44:25 >>MIKE SUAREZ: Let me ask you, because I think you
10:44:26 have probably done this research before.
10:44:28 Having a liquor license or permit to sell liquor,
10:44:31 is it similar to some of the rights and bundle of
10:44:34 rights that are included as part of someone who
10:44:36 might have a land use, meaning that once you have
10:44:39 that, you own that.
10:44:42 It's is little bit different than other kinds of
10:44:44 business uses, am I correct?

10:44:46 >>REBECCA KERT: It's somewhere in the middle of
10:44:47 that.
10:44:48 It is not a property right.
10:44:49 But it is something that requires due process for
10:44:52 you to effect that right.
10:44:54 So, it's not something -- although as opposed to
10:44:57 our land use one, which is strictly a property
10:44:59 right, it is considered a privilege.
10:45:02 But it's not a privilege that can be yanked away
10:45:04 without a great deal of due process.
10:45:07 >>MIKE SUAREZ: Right.
10:45:07 And that's part of the problem in terms of when we
10:45:09 started this process.
10:45:10 I think Mr. Capitano earlier during the public
10:45:13 comment played a very good point about this, which
10:45:15 is he understood and I think many of the merchants
10:45:17 and folks that ply their tried in Ybor City knew
10:45:20 this, that the problem was that it was a
10:45:22 bottleneck and a stoppage of the process on the
10:45:26 state side.
10:45:27 And many of them came to us in terms of what can
10:45:30 we do to try and solve this problem in Ybor City?
10:45:32 Now, again, I think that what the merchants have
10:45:35 told us today is that the, we don't have the bad
10:45:38 actors that we had before.

10:45:40 And I would be in agreement with them on that.
10:45:42 I think problem that we have is that we don't --
10:45:45 we haven't really gotten to the nexus of that -- I
10:45:49 don't like to layer government on top of
10:45:51 government.
10:45:52 I'd rather see it dovetail between each other.
10:45:54 Meaning that if there's a process in which someone
10:45:56 is getting, that's doing, getting their liquor
10:46:00 license maybe looked at and maybe removed.
10:46:03 That our process dovetails with that.
10:46:05 I'm not sure that this ordinance does that.
10:46:07 And again, you know, you're in the unenviable
10:46:11 position of having to listen to us try and make
10:46:14 ordinances.
10:46:15 Okay.
10:46:15 The old saying about what does a horse look like
10:46:18 when the committee designs it?
10:46:20 It's a camel.
10:46:21 Okay, I know that sometimes we send you mixed
10:46:25 messages in terms of what that ordinance is going
10:46:27 to look like.
10:46:27 However, I do think that we need to take a closer
10:46:31 look at how we, how the state actually effectuates
10:46:36 these cases, maybe even find a way of using that
10:46:39 process or a process similar to it, that goes hand

10:46:42 in hand with it.
10:46:43 Because right now, if we have us doing one thing
10:46:48 and they're still owning a liquor license or being
10:46:51 able to have it because the state hasn't removed
10:46:53 it, it doesn't necessarily solve the problem.
10:46:56 It gets them into a different process.
10:46:58 I'd rather not have two processes working at once,
10:47:00 where a bad actor is able to continue to operate
10:47:03 because they have due process on one side and not
10:47:06 on the other.
10:47:07 And then we get preempted because of state law.
10:47:10 So, that kind of combination is extremely
10:47:13 difficult and is a tight wire act.
10:47:16 I know.
10:47:16 And I appreciate what you've done so far.
10:47:19 But I think that, if we go forward at some point
10:47:23 with an ordinance, I think it has to be more
10:47:25 closely attune to what the state is doing.
10:47:28 Because dealing with their opportunity and their
10:47:35 right to have something, to do something, to
10:47:37 operate a particular type of venue.
10:47:40 And it makes it a little bit more confusing for
10:47:42 everyone.
10:47:44 We're not going hand in hand.
10:47:45 The second thing I think that my colleagues have

10:47:48 talked about.
10:47:49 Ms. Capin made a very good comment, we're talking
10:47:52 about an ordinance for 20 venues.
10:47:54 Part of our problem is that most of the venues
10:47:57 that have operated, have been primarily in Ybor
10:48:01 City area in terms of this attempt to narrowly,
10:48:07 you know, solve a problem.
10:48:09 I think what our issue mainly is, is that we need
10:48:13 to figure out how it really affects owners.
10:48:16 And I think that, you know, and we have got to
10:48:19 give some of the responsibilities to the owners
10:48:21 too.
10:48:21 Two years ago they came to us saying you need to
10:48:24 do something because of some of the bad press.
10:48:27 Ms. Capin mentioned that.
10:48:28 But I am not the type of person that says we have
10:48:31 to do something in order to solve the problem.
10:48:33 Right now, the problem is, you know, put away.
10:48:36 It's knots necessarily solved because eventually
10:48:38 something will happen again.
10:48:39 But need to make sure that we write as best of an
10:48:44 ordinance that really attacks the problem and not
10:48:47 just papers over it.
10:48:48 So, and thank you, Mrs. Kert, for that.
10:48:51 I think -- were you going to say something?

10:48:54 >>REBECCA KERT: I just wanted to say something.
10:48:56 There's been a lot of discussion the state does
10:48:58 and does not do.
10:48:59 I'm not in position to excellent once they do Once
10:49:02 the cases get up to Tallahassee.
10:49:03 But I want to say locally, the enforcement side
10:49:06 and the regulatory side, they've been nothing but
10:49:08 supportive of the city and worked really well with
10:49:11 us.
10:49:11 So I just want to make that clear.
10:49:13 >>MIKE SUAREZ: I understand that.
10:49:14 So any comments I made were not coming out of your
10:49:17 mouth, Ms. Kert.
10:49:18 They were coming from meet.
10:49:19 Thank you.
10:49:20 >>CHARLIE MIRANDA: Thank you.
10:49:20 Mr. Cohen?
10:49:21 >>HARRY COHEN: I think Councilwoman Mulhern.
10:49:26 >>CHARLIE MIRANDA: I'm going by who hasn't spoken.
10:49:29 >>MARY MULHERN: Thank you, Mr. Cohen.
10:49:30 My questions are for, probably for Ms. Kert and
10:49:37 maybe for Ms. Coyle.
10:49:43 One I'd like to ask if, since you don't feel you
10:49:47 can answer for the state about the regulations, at
10:49:50 our workshop where we're discussing this, if

10:49:53 someone from the state could be invited, who could
10:49:56 answer those questions?
10:49:59 >>REBECCA KERT: We can ask someone from the state
10:50:01 to be here.
10:50:02 Obviously, I can't require them to be here.
10:50:05 Depending -- I think some of the questions you're
10:50:07 asking are actually more at the state-state level
10:50:12 as opposed to our local state.
10:50:14 But I'm happy to contact them and see.
10:50:16 >>MARY MULHERN: If you can find someone, either
10:50:18 you or someone else in legal needs to research
10:50:20 this so we can get some answers to some of those
10:50:23 questions.
10:50:24 >>REBECCA KERT: Okay.
10:50:25 >>MARY MULHERN: Basically what I want to -- what
10:50:31 I'm going to ask for is what we need to hear some
10:50:34 answers on.
10:50:35 And there are three problems I can see overall.
10:50:39 And overall, I have to say that although the
10:50:45 beginning of this general discussion did start a
10:50:48 few years ago, with the Ybor bar owners and
10:50:54 restaurant owners coming to us, it's a discussion
10:50:58 that's been ongoing for years and years and years,
10:51:02 and the way that I see the overall big problem, we
10:51:07 have got both a problem of individual bad actors,

10:51:12 as we have seen in, for instance, in East Tampa
10:51:15 and Ybor, where we actually had violence and also
10:51:21 neighborhoods that were disrupted for years.
10:51:23 And we actually closed, ended up closing down some
10:51:27 establishments.
10:51:27 So that's one of the problems.
10:51:29 Bigger problem, I see, is when areas and
10:51:35 neighborhoods have become inundated with bars or
10:51:42 restaurants operating as bars, and Ybor City was
10:51:46 the first of those.
10:51:48 And I believe this is another legal question, or
10:51:51 Cathy Coyle, wait, you're right there, you can
10:51:54 probably answer this.
10:51:55 One of you.
10:51:56 And the problem was that we were allowing too many
10:52:03 establishments.
10:52:05 That's how the problems, the original problems
10:52:09 started.
10:52:09 So, in Ybor, is there still a zero distance
10:52:13 separation?
10:52:14 Is that what the law is for getting an alcoholic
10:52:20 beverage permit?
10:52:22 >>CATHERINE COYLE: It depends on what you're
10:52:24 actually asking for.
10:52:25 Mine a lot of the Ybor City establishments that

10:52:27 have come in recently have come before you because
10:52:30 they're asking for sales later than 11 and 1:00.
10:52:34 >> I'm asking about the distance separation
10:52:36 requirement.
10:52:37 >>CATHERINE COYLE: There is a distance separation
10:52:40 requirement.
10:52:41 Can't remember which one -- I think it's 250 feet
10:52:44 within an urban village.
10:52:46 To other AB establishments.
10:52:50 I'd have to look at it up.
10:52:52 >>MARY MULHERN: And that's what it is in Ybor?
10:52:55 >>CATHERINE COYLE: I believe so.
10:52:56 >>MARY MULHERN: So in -- that's the same as it is
10:52:58 in the SoHo district, right?
10:53:01 >>CATHERINE COYLE: Right.
10:53:02 >>MARY MULHERN: Okay.
10:53:02 So, I see the problem with -- there's two
10:53:10 problems.
10:53:11 There's problems with enforcement of our current
10:53:13 regulations.
10:53:15 And there's problems with waivers that Council has
10:53:19 given, and of course also there's the existing
10:53:25 permits that people have.
10:53:26 They have those rights already that we can't do
10:53:28 anything about.

10:53:29 So, number one, this is what I'd like to hear from
10:53:34 you, probably from legal and from TPD at our
10:53:39 workshop.
10:53:40 How can we better enforce and do we have enough
10:53:45 restrictions to enforce the conditions that
10:53:49 Councilwoman Capin got us the posting of the
10:53:55 conditions for all of these permits that we have
10:53:59 given, and how can we better enforce those?
10:54:05 Secondly, how can we better enforce the 51% food
10:54:10 sales revenue?
10:54:13 I know that that's -- please, anything you have to
10:54:18 say.
10:54:20 >>CATHERINE COYLE: We just finished up the annual
10:54:22 reporting cycle.
10:54:23 So there is a list of establishments coming to you
10:54:26 that are in noncompliance.
10:54:28 What I want to put into perspective, list you have
10:54:31 before you in Ybor, look at the classifications.
10:54:33 A lot are 4(COP).
10:54:36 4(COP).
10:54:37 The vast majority are actually consumption on
10:54:39 premises.
10:54:40 Very few classified with an R or a restaurant.
10:54:43 So they do note require reporting.
10:54:44 A lot of those establishments, the dates are also

10:54:47 on that list.
10:54:47 They were approved under a really old set of rules
10:54:50 back in the '90s that the conditions weren't
10:54:57 very strenuous.
10:54:58 They came before in a wet zoning.
10:55:00 And they had to follow hours and they were allowed
10:55:02 to sell beer, wine and liquor.
10:55:05 >>MARY MULHERN: Hold on.
10:55:05 So if you have an R designation, you don't have to
10:55:08 report?
10:55:09 >>CATHERINE COYLE: No, you do.
10:55:10 My point was if you look at the list, there aren't
10:55:13 very many Rs on there in Ybor.
10:55:15 >>MARY MULHERN: I'm not talking about Ybor.
10:55:17 Guess I didn't state that clearly.
10:55:18 Ybor, we have heard feels pretty good right now.
10:55:22 That doesn't mean you're going to feel pretty good
10:55:25 next month or next year, but they don't feel like
10:55:28 there's a lot of problems going on.
10:55:31 If you were hearing from South Tampa, from SoHo,
10:55:34 you know that there are a lot.
10:55:36 We all know that there are a lot of problems.
10:55:38 So the kinds of problems that were in Ybor before,
10:55:42 a lot of them have now become a problem in SoHo.
10:55:47 And you know, I don't know that -- it's not like

10:55:50 the actual owners migrated there.
10:55:53 But just the way the market happened, it's
10:55:55 happening in SoHo.
10:55:57 So, that's -- I'm talking about all over the city.
10:56:00 And I'm sure there are probably problems in
10:56:02 Seminole Heights and in East Tampa and other
10:56:05 neighborhoods too.
10:56:06 So I think whatever we do, it does need to be
10:56:08 citywide.
10:56:11 >>CATHERINE COYLE: If I could just make one
10:56:12 particular point because I think the
10:56:14 conversation's merged a little bit.
10:56:16 This nightclub regulation is not strictly tied to
10:56:20 locations that sell alcohol.
10:56:23 So, and we have kind of morphed into a pure
10:56:25 alcohol criteria discussion.
10:56:26 So I want to make clear with whatever we move
10:56:30 forward with or discussion or motions that you
10:56:32 make, that you distinguish between the two.
10:56:35 So the motions are clear for us on exactly what to
10:56:38 do.
10:56:38 Because the nightclub is a place that may or may
10:56:40 not sell alcohol.
10:56:42 >>MARY MULHERN: Right.
10:56:43 Here's what I'm trying to talk about.

10:56:44 I'm not even talking about this proposed
10:56:47 ordinance.
10:56:48 I'm talking about the problems overall, number
10:56:53 one, how are we able to enforce better the, I got
10:56:59 through a few of them -- the conditions in
10:57:02 general, the restaurant sales, so that when we
10:57:06 approve a restaurant, it's operating as a
10:57:08 restaurants, not as a nightclub.
10:57:10 The noise ordinance, so those three things we need
10:57:13 to talk about.
10:57:14 The second thing I want to just say to Council and
10:57:18 I think that, I want to thank everybody because I
10:57:21 think we have been really good about paying
10:57:23 attention to actually not giving all the waivers
10:57:28 that people ask for when they come in with their
10:57:31 requests.
10:57:32 And I'm pretty much talking about SoHo and South
10:57:35 Tampa on this we're responsible if we give those
10:57:42 alcoholic beverage permits, knowing that we have
10:57:44 already got this preponderance of establishments,
10:57:49 many of them abusing it, that's our
10:57:51 responsibility.
10:57:52 So I think that's all we can do is say no.
10:57:54 We can't support this distance separation as a
10:57:57 waiver because of these adverse effects.

10:58:02 And if we continue to stand up for that, we can
10:58:05 start to at least stop some of these problems
10:58:10 where they are.
10:58:11 If TPD, if the city staff can start to enforce
10:58:14 what we have on the books, if Council can be more
10:58:17 vigilant about, or continue to be vigilant about
10:58:21 limiting the, you know, number of establishments.
10:58:25 And I think in Ybor too.
10:58:26 I mean, I believe everybody in Ybor wants that to
10:58:30 be a thriving place and you're making so much
10:58:34 progress with making it a place for families,
10:58:37 making it a place where people come during the
10:58:39 day.
10:58:39 We don't need more bars there.
10:58:41 We need more retail and need it to be a place, a
10:58:47 safe place.
10:58:47 You know, I think everyone else has addressed the
10:58:54 questions about the going forward with the late
10:58:57 night permits.
10:58:58 I'm all for that if we can see that it's going to
10:59:01 work and if we don't have other measures that
10:59:05 we're actually putting in place.
10:59:07 And that's it for me.
10:59:09 Thank you.
10:59:09 >>CHARLIE MIRANDA: Thank you very much.

10:59:09 Mr. Cohen?
10:59:12 >>HARRY COHEN: Originally it was my understanding
10:59:16 that today's discussion was going to be confined
10:59:19 to the large venue nightclub ordinance.
10:59:21 And not to the larger issues regarding alcohol
10:59:25 permitting.
10:59:26 But it's not a surprise that we have merged into
10:59:30 that because it's a frustration that this Council
10:59:34 deals with over and over in different areas of the
10:59:39 city with different problems.
10:59:40 I want to just say in relationship to the
10:59:42 nightclub ordinance that is being talked about
10:59:45 today, what concerns me after hearing all the
10:59:50 discussion and the public comment is that it
10:59:53 appears that we're trying to solve a problem from
10:59:56 two years ago with two years ago solutions rather
11:00:00 than maybe having a fresh look at actually what
11:00:04 the state of play is on the ground today in Ybor
11:00:06 City.
11:00:07 My sense is that the problems are different.
11:00:11 And perhaps a citywide approach would make more
11:00:15 sense.
11:00:16 In terms of the other discussion regarding the
11:00:20 alcohol permitting.
11:00:21 It is scheduled to come up in next week's

11:00:24 workshop.
11:00:26 I think that where, when we tried to discuss this
11:00:30 in the past, we have gotten caught up, is the
11:00:33 issue of how it affects existing businesses versus
11:00:38 how it affects prospective businesses.
11:00:42 And it seems to me that that was as much the
11:00:46 Achilles heel in debating the proposal as anything
11:00:48 else.
11:00:49 And I see shades of that today with the nightclub
11:00:53 ordinance as well.
11:00:54 So, two overall points as we go through this
11:01:01 discussion.
11:01:01 The first is that we have to adapt to things as
11:01:08 they are.
11:01:09 And not necessarily be fighting yesterday's
11:01:11 battles.
11:01:12 I think that we have to recognize that our ability
11:01:16 to regulate existing businesses is different than
11:01:20 our ability to make new rules going forward.
11:01:24 I have come to the conclusion that continuing to
11:01:26 attach alcohol to land use going forward for
11:01:31 another decade is really going to create a problem
11:01:34 in the future for this city.
11:01:36 That doesn't mean, however, that we have to go
11:01:39 back and change the rules in the middle of the

11:01:41 game for those that are already operating.
11:01:44 We have got to find a way of balancing the rights
11:01:48 of those that exist with our need to tighten up in
11:01:51 the future.
11:01:52 All of the items that Councilwoman Mulhern just
11:01:55 raised would be much easier for us to deal with in
11:01:58 the context of business regulations than in the
11:02:01 context of land use regulations.
11:02:05 And to me, that is where this conversation ought
11:02:09 to go.
11:02:11 That's where Councilwoman Capin's original
11:02:14 proposal was trying to take us.
11:02:16 And we have to get back to I think that discussion
11:02:20 rather than continuing to tinker around the edges
11:02:26 and deal with these very narrow issues.
11:02:29 So more on that next week.
11:02:31 >>CHARLIE MIRANDA: Thank you.
11:02:32 Let me just say this in round one.
11:02:35 I look around and I say what's -- I still haven't
11:02:40 gotten the information that I asked for a few
11:02:42 weeks ago.
11:02:42 What are we talking about?
11:02:45 How many have we closed?
11:02:48 How many violators have we put in jail for
11:02:51 different things?

11:02:52 I can tell you this.
11:02:53 When you look about large have been use and you --
11:02:56 and I'm not going to mention the operation, but
11:02:59 it's between Himes, Dale Mabry, Tampa Bay and MLK.
11:03:02 There's not enough police to get the drunk that
11:03:04 are coming out.
11:03:06 Because they were drunk when they went in.
11:03:08 From tailgating.
11:03:09 What do we do there?
11:03:11 I tell you what we do, you close your eyes and
11:03:14 keep walking.
11:03:15 We look, we heard about 51% and hours of
11:03:21 operation.
11:03:21 Government set those.
11:03:26 It's up to government to enforce them.
11:03:27 I wish I knew how many we have closed.
11:03:33 I think of only two that I can remember in the
11:03:36 last 10 years.
11:03:37 Our problem doesn't start in the nightclubs.
11:03:43 The problems start in your home.
11:03:46 And how you're raised.
11:03:50 And who you hang out with.
11:03:52 There's an old saying, don't tell me who you are,
11:03:55 tell me who you hang around with.
11:03:57 And that's what our problem is today.

11:04:00 The problems that I have with establishments are
11:04:07 not the establishment themselves.
11:04:09 It's what's coming out.
11:04:11 The music.
11:04:11 The parking.
11:04:12 And the trash.
11:04:13 I have more of those calling than I do about any
11:04:17 one doing something wrong.
11:04:19 In fact, I had more problems in solving a barking
11:04:23 dog than I do in closing a bar.
11:04:25 Because I have a process to close a bar.
11:04:29 Now, whether I use it or not is another question.
11:04:31 But from what I heard today, in the police
11:04:35 department, there is a process that they go to.
11:04:39 The chief sends the captain or another person from
11:04:42 the officer to speak to the owner.
11:04:44 They have a session.
11:04:45 If than continues, then the next session is the
11:04:49 chief.
11:04:49 That person and the owner meet.
11:04:51 So something works somewhere.
11:04:54 I assume.
11:04:56 So, what is it that we're trying to achieve?
11:05:00 Shall we looking for 24 hours alcohol?
11:05:02 You already have alcohol 20 hours.

11:05:05 From 7:00 in the morning to 3:00 in the morning.
11:05:08 You only have four hours, if you can sleep four
11:05:11 hours, you can start drinking again at 7:00 in the
11:05:13 morning.
11:05:13 So I mean, I don't quite understand the whole
11:05:17 philosophy.
11:05:17 I'm not trying to be in any way derogatory to
11:05:20 anyone.
11:05:20 I'm not.
11:05:21 Believe me when I tell you this.
11:05:22 But, the 51% was changed back in the '70s.
11:05:26 It was 60-40.
11:05:29 Went down to 51-49.
11:05:31 And it worked.
11:05:33 But this government, not necessarily us,
11:05:36 government, even changed some of those and said
11:05:39 you know what?
11:05:39 I can't meet the 51.
11:05:41 And guess what happened?
11:05:43 They got what they wanted.
11:05:44 They went from 60-40 to 51-49 to do what the hell
11:05:50 you want.
11:05:51 And here I am today.
11:05:59 So, it is not solved.
11:06:00 It will never be solved.

11:06:02 It can be corrected.
11:06:04 I just -- I'm at loss as to how many we have
11:06:08 closed and how many we violated so we can do
11:06:12 something.
11:06:13 I can tell you more likely how many got a ticket
11:06:16 last week for jaywalking.
11:06:18 I can tell you how many tickets are given by the
11:06:22 cameras.
11:06:23 But I can't -- I don't have that information here
11:06:27 on how many bars we closed and how many we have
11:06:30 met with, how many we consulted with, how many we
11:06:33 given warnings to.
11:06:35 I have none of that.
11:06:36 So, I just -- I don't know.
11:06:44 We'll go to round two and see where this ends.
11:06:46 Ms. Capin is first.
11:06:48 >>YVONNE CAPIN: Thank you, Mr. Chair.
11:06:49 You know, when you bring up the 51-49, I'm going
11:06:53 to go back to the city of Miami and what they did
11:06:56 there and how it worked so effectively.
11:07:00 And thank you, Mrs. Kert, who brought it to my
11:07:05 attention.
11:07:05 Thank you for that study.
11:07:07 One of the things, they brought up the conditions
11:07:11 that were agreed to.

11:07:13 And are supposed to be posted in every
11:07:15 establishment where the public and anyone else
11:07:20 could see.
11:07:20 I don't know if that's done.
11:07:23 Maybe we should get a report and see if it is
11:07:26 done.
11:07:27 If they are not posted, that's a violation of what
11:07:31 you have agreed to.
11:07:32 If the state was so effective, when we talk about
11:07:39 what we closed for misconduct, really actually
11:07:45 horrible laws that were broken, was not a venue
11:07:50 that was large.
11:07:51 It was a small venue.
11:07:52 And you know what we had to do?
11:07:56 We had to buy it.
11:07:58 The CRA bought it.
11:08:00 That's how we closed it.
11:08:01 So when you look at this and when you look at
11:08:04 alcoholic beverage is a -- the reason Miami, city
11:08:08 of Miami came up with this was because they
11:08:11 realized that these establishments are an economic
11:08:14 engine, a very large economic engine that employs
11:08:20 and buys from wholesalers, bakeries, you name it.
11:08:23 This is a very huge economic engine.
11:08:26 And no one here brought that number up.

11:08:28 And I think that if you brought that number up,
11:08:30 you would see.
11:08:31 So when you look at it, we're actually wanting to
11:08:34 protect that economic engine.
11:08:37 At the same time, trying manage what we have
11:08:40 granted.
11:08:42 And it has to be.
11:08:44 We have to be able to manage what we granted.
11:08:46 How that's going to evolve, we wait to see.
11:08:50 I'm not going to bring that up.
11:08:58 That's going to be for the workshop.
11:08:59 But I want to tell you that I very much encourage
11:09:03 the clubs to do that, to look at that study.
11:09:07 And if you want to, I have it in my office and I
11:09:10 will gladly pass it along because it was a very
11:09:12 similar to what happened in Ybor.
11:09:15 And where there was few residents and then it just
11:09:20 boomed into 70,000 residents.
11:09:23 And there was all kinds of issues.
11:09:25 Now, we have hotels.
11:09:31 We have huge venues that serve alcoholic beverage.
11:09:36 And the 51-49 is not necessarily -- and we do
11:09:41 have, we do permit to code 20 hours a day.
11:09:45 Very few establishments get that.
11:09:47 They come in and then they're asked, what hours do

11:09:53 you want to operate?
11:09:54 And then those hours are posted on their site
11:09:57 plan.
11:09:57 And they're stuck with those hours.
11:09:59 When we as a city have said to code, we allow
11:10:05 alcoholic beverage 20 hours a day.
11:10:07 That's what we allow.
11:10:10 You don't like those hours, the Council doesn't
11:10:13 like those hours, maybe they need to change them.
11:10:16 Me?
11:10:17 I think 24 would be appropriate.
11:10:21 24.
11:10:24 It's not the alcohol.
11:10:27 It's not the establishment.
11:10:29 It's the -- serving alcoholic beverage is a
11:10:36 privilege.
11:10:36 That was mentioned in this room two years ago.
11:10:42 One right after the other of these establishments
11:10:45 in Ybor came up and said that.
11:10:47 Yet when it came back December the 5th, a draft
11:10:51 ordinance that was never even heard because the
11:10:54 room was roaring, roaring.
11:10:58 Oh, no, we have been working on this for two
11:11:00 years.
11:11:00 For two years we have been working on it.

11:11:03 We want that one to come back.
11:11:05 That one came back today.
11:11:06 And now way don't want that one.
11:11:09 So, I think this Council needs a lot -- we have
11:11:15 been talking about it for years.
11:11:17 And that workshop is coming up next week.
11:11:20 And I think we're putting the cart before the
11:11:23 horse.
11:11:23 Thank you.
11:11:24 >>CHARLIE MIRANDA: Thank you.
11:11:25 Any other Councilmembers on round two?
11:11:27 Ms. Montelione?
11:11:28 >>LISA MONTELIONE: Thank you.
11:11:29 Captain Delgado?
11:11:33 When we talk about the establishments that were
11:11:36 problems, and it wasn't just Empire.
11:11:38 There was another Club Manila.
11:11:41 Did Empire close because of a process that we went
11:11:45 to?
11:11:46 Or did Empire close because the club owners
11:11:49 decided to close?
11:11:50 >> I wasn't in Ybor at the time.
11:11:52 From what I understand --
11:11:54 >>LISA MONTELIONE: Well, from my recollection, the
11:11:56 mother of the victim, who was shot, at the club,

11:12:00 picketed every single day and brought people with
11:12:02 her every single day in front of that club and the
11:12:05 club owners decided to close themselves.
11:12:07 It wasn't a process that we put.
11:12:09 The community, the mother of that child took
11:12:11 matters into her own hands because we couldn't
11:12:14 close that club.
11:12:15 She decided to do something about it.
11:12:18 Because we didn't have the process to act as
11:12:20 quickly as she and the news cameras did.
11:12:23 So, you know, I want to remind people that it's
11:12:27 not the process that we have.
11:12:30 It's not the process the state has.
11:12:31 It's -- that woman took matters into her own
11:12:36 hands.
11:12:36 And she closed them down faster than the state or
11:12:40 City Council could ever.
11:12:41 So, I wanted to point that out.
11:12:44 I also wanted to point out that members of this
11:12:46 Council had talked years ago, and this is an ABC
11:12:50 news story, that we must do something proactively
11:12:55 to protect individuals who are visiting these
11:13:00 large nightclubs.
11:13:01 And identified the problem ahead of time.
11:13:06 Now I hear Councilmembers talking about well, when

11:13:10 something happens, we can address it.
11:13:11 And that's precisely what I don't want to do.
11:13:14 We had a similar discussion when it comes to
11:13:18 pedestrian safety.
11:13:20 I said, what if we know a tragedy is about to
11:13:23 happen, why don't we do something before it
11:13:26 happens instead of waiting till after it happens
11:13:30 and then we close the club down or then we do
11:13:33 something, because something happened.
11:13:34 This ordinance is, is something that I would like
11:13:40 to see happen because it is a preventive measure.
11:13:43 It is a way to have people protected before
11:13:48 something bad happens.
11:13:50 Not reacting to it afterwards.
11:13:52 I don't think that's a good way to govern.
11:13:54 I don't think it's a good way to govern to say
11:13:56 well, let's see what happens, then we'll do
11:13:58 something.
11:13:59 So, that's my personal statement on those
11:14:02 comments.
11:14:03 I also want to point out the extra duty officers,
11:14:09 Ms. Kert, extra duty officers are required now,
11:14:12 are they not?
11:14:13 >>REBECCA KERT: Extra duty officers are required
11:14:15 for establishments that were permitted part of a

11:14:17 certain date in 1995 that have on premise
11:14:20 consumption and are located in downtown
11:14:22 Channelside and Ybor and it is triggered when
11:14:27 there's an occupancy of 250 or higher.
11:14:30 >>LISA MONTELIONE: So, the idea that this
11:14:32 ordinance is going to require clubs to get extra
11:14:35 duty officers is not a new concept and some
11:14:38 already do.
11:14:39 So we have a class of clubs, friar 1995, who are
11:14:44 250 and larger, who do not have to provide extra
11:14:47 duty officers.
11:14:48 And we have a class of clubs who do have to
11:14:51 provide extra duty officers.
11:14:52 So all this is doing with extra duty officers, if
11:14:56 that remains in the final version of this
11:14:59 ordinance, is to bring those two classes closer
11:15:02 together.
11:15:03 It's already an expense.
11:15:04 We're not talking about adding an expense.
11:15:08 We have some that already have to spend that
11:15:09 money.
11:15:10 So, I think this is bringing those classes of
11:15:13 clubs closer together and being more fair in the
11:15:17 provision of extra duty officers.
11:15:21 Mr. Suarez talked about state and local control.

11:15:23 I agree with him.
11:15:24 I don't like seeing layers of government either.
11:15:27 But what I do like to see is local control.
11:15:30 What I do like to see is we talk about all the
11:15:33 time, we don't want to give our power over to the
11:15:35 state.
11:15:36 We want to have local control.
11:15:38 And who knows your community better than your
11:15:41 local elected officials?
11:15:43 Your local police department.
11:15:44 Your local attorneys and not advocate, oh, let the
11:15:52 state take care of it.
11:15:54 I don't think we ever talk about that in any other
11:15:57 instance but this one.
11:15:58 So, I want to see us be in control of our own
11:16:01 destiny and us be in control of what happens in
11:16:04 our communities.
11:16:06 Not give that power over to someone else.
11:16:10 So, you know, again, June 21st, 2012 from the Ybor
11:16:19 City Development Corporation recommendations, some
11:16:22 of the exact same things we're talking about
11:16:24 today.
11:16:24 Some of them are a little bit different.
11:16:26 January 25th, 2012, the exact same things.
11:16:31 And one of my Councilmembers talked about how

11:16:35 we're creating an ordinance just for a small
11:16:37 amount of clubs.
11:16:38 Again, I think it should be citywide, not just for
11:16:41 Ybor.
11:16:41 But, this is from the then chair of the YCDC,
11:16:47 David Scott, who says well, all recommendations
11:16:51 are important.
11:16:52 We feel bringing the highest risk operators under
11:16:56 chapter 6 as regulated businesses will have the
11:16:58 greatest impact.
11:17:00 It is often the few in the crowd that cause the
11:17:04 biggest problem.
11:17:05 And that's a statement you can apply in a lot of
11:17:09 situations.
11:17:09 So the fact that this ordinance would only apply
11:17:12 to 20 clubs, maybe 21, that is immaterial.
11:17:18 You have to do something to address the
11:17:21 individuals who are causing the biggest problem.
11:17:24 And you have to address it proactively, not
11:17:26 reactively.
11:17:27 And that's why I have worked very hard to bring
11:17:33 together the people who will be affected about I
11:17:36 this ordinance, to talk to them, to try and find
11:17:39 some common ground where everybody can be afforded
11:17:43 the equal protections and be subject to the same

11:17:46 sanctions.
11:17:47 So, you know, like I said, there are a lot of
11:17:52 tweaks to be done.
11:17:54 We heard I think probably 50-50 from the public
11:18:00 comment of individuals who thought that we were
11:18:03 close and we had something that we could work
11:18:05 with.
11:18:05 There's one person who has been intimately
11:18:08 involved in this that we have not heard from that
11:18:11 I would like to hear from, and that's Vince Pardo.
11:18:15 He's been shepherding this.
11:18:17 He's been working on this since 2011 when this
11:18:20 Council first took office, some were here before.
11:18:24 And I'd like to hear from him, because he has his
11:18:30 ear to the ground.
11:18:31 We have got some club owners who are here today,
11:18:34 we have some who were not here to speak today.
11:18:36 So, in your experience, Vince, what is the overall
11:18:42 temperature of the desires of the people?
11:18:49 >>VINCE PARDO: The word climate change comes to
11:18:50 minds.
11:18:51 [ Laughter ]
11:18:53 >>VINCE PARDO: One of my jobs is to bring you
11:18:56 consensus for the community I represent.
11:18:58 Through the CRA.

11:18:59 And I do that as earnest as I can through a body
11:19:03 called the Ybor City Development Corporation,
11:19:06 which are individual people individually and
11:19:09 collectively appointed by you to be
11:19:12 representatives of that community and bring back
11:19:15 recommendations.
11:19:16 To the point that they are under the sunshine and
11:19:18 function as such.
11:19:19 The recommendations that came about two years ago
11:19:24 and even a year ago, and probably more recent,
11:19:28 asking for you to move forward with Ybor
11:19:30 recommendations, I think we all received this
11:19:35 draft on Friday.
11:19:36 I had scheduled a call meeting of the public
11:19:39 safety committee this past week.
11:19:42 We met one evening.
11:19:44 Had a good number of industry representatives.
11:19:46 Some of those were here today.
11:19:47 Some were not.
11:19:49 And as we went forward, and I kind of, looked at
11:19:54 the mood of the group that's there.
11:19:55 And of course votes always taken by who is present
11:19:58 at the table, at the time they're taken, from this
11:20:00 body to bodies who work with in the community.
11:20:03 And was a bit concerned about seeing the change.

11:20:07 We don't have any problems now.
11:20:09 I've always seen this as a preventive measure.
11:20:12 It only takes one club bad in Ybor, South Tampa,
11:20:18 Westshore, I don't care where you are, to cause a
11:20:20 problem.
11:20:21 And one thing that I can tell you very definitely,
11:20:25 when we were having a lot of problems,
11:20:27 particularly with two particular clubs, TPD --
11:20:32 remember, I enforce nothing.
11:20:34 I have to depend on my sister and brother
11:20:36 departments, with their regulations.
11:20:38 So when I sit around a table, a conference table,
11:20:42 particularly with staff, Ybor task force
11:20:44 particularly, which is all the enforcement agency
11:20:47 that have anything to do with Ybor City, from
11:20:48 parking to barrio and everything in between, and
11:20:51 saying we're getting burned out there.
11:20:54 They don't believe that we're not enforcing the
11:20:56 rules we have.
11:20:57 And a lot of discussion, the recommendation that
11:21:01 came forward, if you want to think out of the box,
11:21:03 then we need to think about this chapter 6.
11:21:06 That's how this whole thing was, coming out of
11:21:08 that.
11:21:09 Believe me, I've been involved directly with the

11:21:11 state.
11:21:11 I can tell you that we had -- the name's Club Fuel
11:21:17 was closed.
11:21:18 Empire is closed.
11:21:19 Manila is closed.
11:21:21 Another club that Fuel populated right across the
11:21:24 street after they closed, closed.
11:21:26 We didn't close any of those clubs.
11:21:28 We chipped away until it made no economic sense
11:21:32 for their doors to be opened.
11:21:35 And that's a shame.
11:21:36 Because I felt impotent.
11:21:41 I felt we were impotent in the city to take
11:21:43 actions the way we should have, as quickly as we
11:21:44 should have.
11:21:45 Not faulting the state.
11:21:47 They have their own staffing issues.
11:21:49 But they were in the table with us, in the field
11:21:51 with us all the time and I think TPD can
11:21:53 acknowledge that as we go forward.
11:21:55 So, I saw value and still see value in this
11:21:58 particular ordinance.
11:21:58 When I met with the group this week, there were
11:22:00 some very legitimate concerns about we're good
11:22:03 operators, as is usually around the table.

11:22:06 And that's why I very strongly the recommendation
11:22:08 that came from you this week from that particular
11:22:11 body is, general support for looking at putting
11:22:14 Newton clubs -- nightclubs are not bad, they were
11:22:18 identified by us as higher at risk operations than
11:22:21 someone else.
11:22:22 And especially if they weren't serving food.
11:22:26 Gaspar's Grotto, for example, I think Eric still
11:22:28 serves food until he closes.
11:22:32 Food service is there throughout the entire
11:22:35 operation.
11:22:35 But those two concerns were looking at how do I
11:22:39 protect myself if a bust takes place in my club
11:22:45 that either I called TPD about in doing that, and
11:22:48 how do I get tagged as with somebody not working
11:22:52 with them.
11:22:52 That's a very critical thing.
11:22:53 Because Captain Delgado and I talked about quite
11:22:57 frankly, you give the police department
11:22:59 discretion, then you have no concrete standards
11:23:02 for something.
11:23:03 Or do you make everything in writing and say they
11:23:05 have to follow the letter?
11:23:09 That gets a problem, putting good operators
11:23:11 working with TPD, as opposed to, you had so many

11:23:14 infractions.
11:23:15 Yeah, but I called you about it.
11:23:17 And that's very critical point.
11:23:19 Not only to save community, but the economic
11:23:23 development of those people who want to keep in
11:23:25 business.
11:23:26 The other part was the whole issue about the off
11:23:28 duty.
11:23:29 Off duty in a very earlier draft was actually
11:23:31 looks at being up front.
11:23:35 It is moved in this draft to being a sanctions.
11:23:37 This is not requiring any off-duty officer for
11:23:40 anybody who gets a permit.
11:23:41 The only consideration whatsoever for off duty is
11:23:45 if they screw up, then that is one of several
11:23:48 options we have looking at as far as what we do.
11:23:51 And the recommendation you saw from even the
11:23:53 public safety committee this week was don't
11:23:56 eliminate all of it.
11:23:57 Just stay at the surface level.
11:24:00 We think putting up two officers as opposed to
11:24:03 four or five.
11:24:04 Two officers is enough if you are going to have
11:24:06 sanction.
11:24:07 How long is the sanction going to be there?

11:24:09 That's up to you.
11:24:09 When the issue comes up, as thousand that happens.
11:24:12 Do we close people immediately?
11:24:14 No.
11:24:14 If someone appeals the decision and one of the
11:24:17 things that we don't have here is who is actually
11:24:19 going to be the administrator of this whole thing.
11:24:22 But whatever department that is that does that if
11:24:24 they go forward as far as the sanction, and they
11:24:26 appeal, there's a stay.
11:24:29 Nothing happens during the appeal process, unless
11:24:32 they screw up again in that process.
11:24:34 So I think the staff is going -- has done a good
11:24:39 job building in proceed sections.
11:24:41 I think this week we identified, in the
11:24:43 communication from YCDC this week, asked for even
11:24:45 more protection for good operators.
11:24:48 That definitely needs to take place if you're
11:24:50 going forward with this ordinance.
11:24:52 It's something that I know you have grappled with
11:24:55 and believer me, don't want to be sitting up there
11:24:57 with you because you have a lot of issues to deal
11:24:59 with.
11:25:00 But from my personal standpoint and I can say at
11:25:02 least some of the individuals that spoke today,

11:25:04 but at lease as the body, the YCDC as a body, this
11:25:08 is looked at as a preventive ordinance.
11:25:11 So when we do have somebody, we have a tool in our
11:25:15 High School box to deal with it.
11:25:16 We have a tool to deal with it that I don't
11:25:18 believe we have now.
11:25:21 >>LISA MONTELIONE: Thank you for that clarity,
11:25:22 Mr. Pardo.
11:25:23 I knew I could count on you to put everything in
11:25:26 perspective.
11:25:27 What I would like to offer at this time, if no one
11:25:32 else has anything to say --
11:25:35 >> I don't know what they got.
11:25:36 Any other Councilmembers like to speak?
11:25:41 >>FRANK REDDICK: What I want to do, Mr. Chair, I
11:25:43 need to clear up some incorrect information that
11:25:46 was stated here pertaining to Club Empire.
11:25:49 And it was not the mother out there protesting.
11:25:53 It was the community activists by the name of
11:25:55 Michelle Williams.
11:25:56 And the black Panthers that was out there standing
11:26:00 out there in front of that club every day
11:26:02 protesting.
11:26:03 So it's a disservice to misstate some information
11:26:06 that is not correct.

11:26:09 >>LISA MONTELIONE: My apologies to Ms. Williams.
11:26:12 >>FRANK REDDICK: Michelle Williams and the black
11:26:14 panther movement out there protesting.
11:26:16 >>LISA MONTELIONE: Thank you Mr. Reddick.
11:26:18 >>CHARLIE MIRANDA: You had a motion?
11:26:19 Any other Councilmember also like to speak?
11:26:22 Ms. Mulhern?
11:26:23 >>MARY MULHERN: I can speak after Councilwoman
11:26:27 Montelione or I could say what I'm going to say
11:26:29 and you might be able to incorporate it.
11:26:32 >>LISA MONTELIONE: Sure.
11:26:32 >>MARY MULHERN: I'd like to again, I guess Mr.--
11:26:43 Councilman Reddick and Councilman Miranda had a
11:26:47 list that is on our agenda under part B, and there
11:26:55 are specific questions are there and they weren't
11:26:57 answered today.
11:26:58 So, I would like your motion to include the
11:27:01 questions under part B and that we have answers to
11:27:06 those at next week's workshop.
11:27:09 >>LISA MONTELIONE: Certainly, Ms. Mulhern.
11:27:12 Okay.
11:27:12 So...
11:27:16 >>CHARLIE MIRANDA: Ms. Capin?
11:27:18 >>YVONNE CAPIN: I believe that your motion is
11:27:19 referring to the workshop.

11:27:22 Is Ms. Montelione's motion going to be referring
11:27:25 to the workshop?
11:27:27 [Inaudible]
11:27:30 >>CHARLIE MIRANDA: You want part B of item 9 to be
11:27:34 included.
11:27:36 And to any upcoming discussion regarding alcohol.
11:27:45 >>MARY MULHERN: Right.
11:27:46 Specifically at the workshop next week, I'd like
11:27:48 both answers.
11:27:49 >>CHARLIE MIRANDA: I have a motion, and then we'll
11:27:50 go to Ms. Montelione.
11:27:53 >>CATHERINE COYLE: We had a collective question
11:27:55 about the part B.
11:27:56 The first one I can answer directly.
11:27:59 There's 1,353 active permits in the city for
11:28:03 alcohol sales.
11:28:03 But beyond that when you talk about the citations,
11:28:06 it was a very broad question.
11:28:08 So we weren't sure if you were talking about just
11:28:10 the alcohol, like annual reporting citations?
11:28:14 Are you talking about arrests directly related to
11:28:17 alcohol?
11:28:17 >>CHARLIE MIRANDA: Let me do this.
11:28:18 If I was in that side of the mic, I would put the
11:28:22 violation regarding alcohol, the violation

11:28:24 regarding to reporting.
11:28:25 Reporting being a very minor thing.
11:28:29 Alcohol violations are not.
11:28:32 >>CATHERINE COYLE: So anything having to do with
11:28:34 an alcohol violation.
11:28:35 >>CHARLIE MIRANDA: Anything.
11:28:35 And then put them in different categories,
11:28:38 wherever they fall in.
11:28:39 Who would know better than you?
11:28:42 >> Well, wouldn't be me because I don't arrest
11:28:44 people.
11:28:45 [ Laughter ]
11:28:45 [Inaudible]
11:29:02 >>MARY MULHERN: We want to hear the conditions
11:29:03 that they agreed to when they received their
11:29:05 permit.
11:29:06 That should be posted.
11:29:08 >>CHARLIE MIRANDA: Is that understood?
11:29:10 >> Is that throughout time?
11:29:12 68 years worth of?
11:29:14 >>MARY MULHERN: No, since we adopted the -- since
11:29:17 we adopted the ordinance that required them to
11:29:24 host the -- post the conditions for their permit.
11:29:28 >>CATHERINE COYLE: Okay.
11:29:30 >>CHARLIE MIRANDA: Had a motion by Ms. Mulhern,

11:29:32 second by Mr. Reddick.
11:29:33 I think that's clear there.
11:29:36 All in favor of that motion, please indicate by
11:29:37 saying aye.
11:29:37 Opposed nay.
11:29:38 The ayes have it unanimously.
11:29:39 Any other thing?
11:29:42 Ms. Montelione?
11:29:43 >>LISA MONTELIONE: Okay.
11:29:43 So I don't need to revisit that.
11:29:46 I think we're all clear on that.
11:29:48 So, what I would like to ask Council is to
11:29:53 continue this conversation.
11:29:57 I have spoken with Ms. Kert and I think Ms. Kert
11:30:01 is, and Captain Delgado, as well as the members of
11:30:04 the YCDC have suggested changes to this draft
11:30:11 ordinance.
11:30:12 So I would ask that we continue this conversation.
11:30:17 We have Ms. Kert go back and based on the
11:30:20 conversations between herself, members of the
11:30:23 communities, TPD, look at the changes and
11:30:29 refinement of the ordinance that we were presented
11:30:32 with last Friday.
11:30:35 I believe it was.
11:30:38 Things such as making the ordinance apply

11:30:43 citywide.
11:30:44 Adding what the YCDC had asked to in the
11:30:53 description of what constitutes a nightclub.
11:30:56 That would be adding entry tickets to letter A
11:31:00 under section 6.275 definition.
11:31:04 That would include a process of who would be
11:31:10 issuing the permits and who would be administering
11:31:15 the review of the citations to determine whether a
11:31:18 violation has occurred or not.
11:31:20 That would include a revision to section 6.280,
11:31:26 enhanced security requirements, suspension and
11:31:29 revocation.
11:31:30 Looking at the letters A through E and making
11:31:34 revisions to A through E, including revisions to
11:31:38 number one under that provision.
11:31:41 Including revision to section -- I'm sorry, same
11:31:48 section, 6.280, letter E, which is the enhanced
11:31:55 security requirements.
11:31:57 And it would include the suggestions that were
11:32:08 outlined in the YCDC's memorandum that was
11:32:12 received I believe it was on Wednesday.
11:32:16 Might have been on Tuesday.
11:32:17 Ms. Kert, are you clear with that?
11:32:22 >>REBECCA KERT: Yes.
11:32:23 >>LISA MONTELIONE: Okay.

11:32:23 That was a yes in case you didn't get that from
11:32:26 the microphone.
11:32:27 >>CHARLIE MIRANDA: I have a motion by
11:32:28 Ms. Montelione, seconded by Ms. Mulhern.
11:32:33 Further discussion?
11:32:34 What time, date?
11:32:38 >>LISA MONTELIONE: I'm sorry.
11:32:39 Ms. Kert, how long do you think that would take?
11:32:47 >>REBECCA KERT: In addition to meeting with the
11:32:49 police department and redrafting, I think I'd like
11:32:52 an opportunity to meet with YCDC again and then
11:32:55 have time to incorporate any of their changes.
11:32:58 So would June 26th be acceptable?
11:33:00 >>LISA MONTELIONE: Yes.
11:33:01 And, if this is acceptable to Ms. Mulhern because
11:33:07 I left out what I had mentioned earlier, with this
11:33:10 next draft, if you're outreaching to the YCDC,
11:33:14 would you also be able to outreach to other
11:33:16 members, the SoHo community and the emerging
11:33:20 Seminole Heights communities, Channelside, and
11:33:22 have an open discussion?
11:33:24 >>REBECCA KERT: We can certainly try do -- part of
11:33:26 the difficulty that we have in reaching out to
11:33:30 those groups, and we'll do what they can.
11:33:33 They don't have a centralized group.

11:33:35 So we will use what mechanisms we can to try to
11:33:38 reach out to establishments that would likely fall
11:33:42 into the range.
11:33:44 >>LISA MONTELIONE: It was suggested by Mr. Shelby,
11:33:47 rather than bring it back as a staff report to
11:33:50 bring it back as a workshop on the 19th of June.
11:33:53 >>CHARLIE MIRANDA: Ms. Mulhern?
11:33:58 >>MARY MULHERN: That's fine with me.
11:33:59 >>CHARLIE MIRANDA: I have a motion by
11:34:00 Ms. Montelione, I have a second by Ms. Mulhern.
11:34:04 And let me say that I'm going to support the
11:34:09 motion.
11:34:09 Doesn't necessarily mean I'm going to support the
11:34:11 ordinance.
11:34:11 If and ever it gets here.
11:34:13 I have a motion.
11:34:16 Any discussion, Mr. Cohen?
11:34:21 >>HARRY COHEN: I'm very torn about what to do
11:34:24 here, because I feel like next week's discussion
11:34:28 may impact where we go on this.
11:34:32 And it's possible that the things might, might
11:34:36 merge together in some way.
11:34:37 I feel like by continuing to separate these things
11:34:42 out, we're going to be constantly going piecemeal.
11:34:47 And that's my -- that's my concern.

11:34:50 I'm wondering if -- I would like to refrain from
11:34:55 acting on this until next week's workshop and see
11:34:58 how the two things all dovetail together.
11:35:01 That's not an indication of lack of support.
11:35:06 More that I just think that next week's discussion
11:35:10 could ultimately bear on how we want to move
11:35:12 forward with this.
11:35:15 >>LISA MONTELIONE: Can I add this?
11:35:17 Is that we can always go back and remove this from
11:35:20 the calendar if the -- if it does find a
11:35:24 resolution next week.
11:35:25 But I feel that they are very different
11:35:27 discussions because one is dealing only with the,
11:35:32 you know, most serious concerns as the YCDC, as
11:35:37 David Scott said many moons ago.
11:35:41 But you know, put this on the calendar.
11:35:43 If things work themselves out next week, we can
11:35:45 remove it from the calendar.
11:35:46 If they don't, then we still have this set and
11:35:48 staff still has the direction.
11:35:50 We don't have to revisit further conversation.
11:35:55 >>MARY MULHERN: Having heard from my colleagues on
11:35:57 this, I agree with them that it would make sense
11:36:01 to hold your motion because until next week, when
11:36:07 you can make it exactly the same if your questions

11:36:11 aren't answered.
11:36:12 Or amend them according to the discussion.
11:36:15 But since we haven't, you know, I think the
11:36:18 questions we're asking that we haven't gotten
11:36:20 answers to are going to influence us.
11:36:22 So I'm going to withdraw my second unless you just
11:36:25 want to withdraw the motion.
11:36:26 >>LISA MONTELIONE: I hate to put off to next week
11:36:28 because I think that, you know, we had this fresh
11:36:31 discussion now.
11:36:32 I stated out pretty clearly the direction.
11:36:35 And about to restate the motion and come next
11:36:39 week, we're going to have -- we're going to have
11:36:42 another, you know, probably more discussion about
11:36:46 what the motion should be than we have today.
11:36:51 But if you're going to withdraw your motion, I
11:36:53 guess it's going to die.
11:36:55 >>CHARLIE MIRANDA: Well, unless you pick up
11:36:57 another second.
11:36:57 I mean nothing dies unless you want it die.
11:37:01 Unless your nature and you take people when you
11:37:03 want.
11:37:03 But, your motion still on the floor.
11:37:06 Any other seconds?
11:37:08 >>FRANK REDDICK: With a question, Mr. Chair.

11:37:10 >>CHARLIE MIRANDA: Well, we don't have -- we don't
11:37:13 have a question.
11:37:14 It requires a second.
11:37:17 So it's dead, won't listen till next week, see
11:37:20 what happens, and go forward.
11:37:22 Let me say this.
11:37:23 I don't know of one city that has a right to
11:37:26 overwrite the legislature.
11:37:28 And what's happening here is that alcohol goes
11:37:34 forever.
11:37:34 It's something you just can't bend and take out.
11:37:37 It's a planned PD without a PD.
11:37:42 If you get what I'm saying.
11:37:44 So, you give rights and then something goes wrong,
11:37:48 and guess what?
11:37:50 You zoned the land.
11:37:51 So if we only zoned the business, I could
11:37:55 understand that.
11:37:56 But it is a legislature that can change this, in
11:37:58 my opinion.
11:37:59 Not us.
11:38:00 To start with, you change it from the land, give
11:38:02 the cities a right to do what they want to do and
11:38:05 stop harassing us with more and more laws.
11:38:07 And taking more and more funding away and we have

11:38:10 to come back to you for other fundings.
11:38:12 I'm just talking now out of my left shoulder.
11:38:15 All right.
11:38:15 We finished with that.
11:38:19 Any other comments?
11:38:20 Thank you very much.
11:38:21 Let's go, I'm going to hold consent items that we
11:38:24 have, not consent items, but things on the agenda
11:38:28 for Councilmembers because there's individuals
11:38:30 here that have been here a long time that are
11:38:33 paying someone to represent them.
11:38:34 And I'd like to move first of all just --
11:38:39 >>YVONNE CAPIN: Point of order.
11:38:39 It was stated that it, for lack of a second, it
11:38:44 died.
11:38:44 I didn't hear that.
11:38:45 >>CHARLIE MIRANDA: Right.
11:38:46 I said that.
11:38:47 No second, it dies.
11:38:53 >>MARY MULHERN: Thank you.
11:38:53 Just before we move on, I wanted to make sure -- I
11:39:01 forgot.
11:39:05 >>CHARLIE MIRANDA: [banging gavel]
11:39:10 >>MARY MULHERN: There was something -- next week's
11:39:15 workshop and also that -- shoot, I forgot.

11:39:21 That that is for next week's workshop.
11:39:23 Maybe that's what I wanted to make sure that you
11:39:25 got that.
11:39:26 There's something else I can't remember what it
11:39:30 was.
11:39:30 I may have to come back later with the amendment.
11:39:33 >>CHARLIE MIRANDA: Let me start with item 37.
11:39:35 Needs to be set for public hearing.
11:39:42 I have a motion by Mr. Suarez to move 37.
11:39:44 Second bring Reddick, further discussion of that
11:39:46 motion, all in favor of the motion, please
11:39:48 indicate by saying aye.
11:39:49 The ayes have it unanimously.
11:39:49 Okay, I need a motion to open items 38 through 43.
11:39:54 >> So moved.
11:39:55 >>CHARLIE MIRANDA: Motion by Mr. Suarez.
11:39:56 Second by Ms. Mulhern, close vote with Ms. Capin.
11:40:00 All in favor of the motion to open 483643.
11:40:05 Please indicate by saying aye.
11:40:05 The ayes have it unanimously.
11:40:06 3.
11:40:06 Got to be sworn on these.
11:40:09 38 to 43.
11:40:11 Anyone who is going to be speaking on items 38
11:40:14 through 43.

11:40:15 Please rise and be sworn.
11:40:17 [Oath administered by Clerk]
11:40:20 >>CHARLIE MIRANDA: Item 38.
11:40:29 >>The site plan has been given to the city clerk
11:40:33 and has been certified.
11:40:35 >>CHARLIE MIRANDA: Petitioner here?
11:40:38 Need a motion to close 38.
11:40:40 >> So moved.
11:40:40 >> Second.
11:40:41 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second
11:40:43 by Mr. Suarez.
11:40:43 All in favor of the motion to close, please
11:40:45 indicate by saying aye.
11:40:46 The ayes have it unanimously.
11:40:46 Mr. Reddick, would you kindly take item number 38?
11:40:52 >>CHARLIE MIRANDA: Anyone in the public that wish
11:40:53 to speak, I think I said that.
11:40:55 No one came up.
11:40:56 Petition, anyone in the public want to speak on
11:40:58 item 3?
11:41:00 I see none.
11:41:01 Mr. Cohen, would you kindly read 38?
11:41:04 >>HARRY COHEN: Thank you very much, Mr. Chair.
11:41:05 I move an ordinance being presented for second
11:41:07 reading and adoption, an ordinance approving a

11:41:10 special use permit ST, approving a drive-in window
11:41:14 and PD-A planned development alternative zoning
11:41:17 district from the general vicinity of 20610 Bruce
11:41:21 B. Downs Boulevard in the City of Tampa, Florida
11:41:22 and more particularly described in section one
11:41:25 hereof, providing an effective date.
11:41:26 >>CHARLIE MIRANDA: I have a motion for approval.
11:41:27 This is a roll call vote.
11:41:29 Motion made by Mr. Cohen, seconded by Mr. Suarez.
11:41:33 Roll call vote.
11:41:34 Vote and record.
11:41:43 >>THE CLERK: Motion carries, Montelione being
11:41:45 absent.
11:41:45 >>CHARLIE MIRANDA: Thank you very much.
11:41:46 Item number 39.
11:41:51 >> Barbara Lynch, land development coordination.
11:41:54 Here to answer any questions you may have on this.
11:41:56 >>CHARLIE MIRANDA: Any questions by
11:41:57 Councilmembers?
11:41:58 Petitioner here?
11:42:02 Want to say anything?
11:42:03 Thank you very much.
11:42:03 Anyone in the public care to speak on item no 39.
11:42:08 >>CHARLIE MIRANDA: I have a motion to close by
11:42:09 Mr. Reddick, second by Mr. Cohen.

11:42:11 All in favor of the motion to close, please
11:42:13 indicate by saying aye.
11:42:13 Opposed nay.
11:42:14 The ayes have it unanimously.
11:42:14 Ms. Mull American, would you kindly take number
11:42:20 39.
11:42:21 >>MARY MULHERN: I move an ordinance being
11:42:22 presented for second reading and adoption.
11:42:24 An ordinance vacating, closing, discontinuing and
11:42:27 abandoning an alleyway lying east of Dale Mabry
11:42:30 Highway, west of sterling avenue, south of Bay to
11:42:32 Bay Boulevard and north of Santiago street, in map
11:42:35 of Virginia park, a subdivision in the City of
11:42:38 Tampa, Hillsborough County, Florida, the same
11:42:40 being more fully described in section 1 hereof,
11:42:44 providing an effective date.
11:42:44 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern,
11:42:47 seconded by -- I'm sorry, Mr.-- excuse me, I had
11:42:51 the wrong side.
11:42:52 I was looking at Mr. Cohen.
11:42:53 It was Mr. Suarez.
11:42:55 They're both nice guys.
11:42:56 Roll call vote.
11:42:58 Vote and record.
11:43:07 >>THE CLERK: Motion carries unanimously with

11:43:09 Montelione being absent.
11:43:11 >>CHARLIE MIRANDA: Item number 40.
11:43:13 >> Barbara Lynch, land development coordination.
11:43:16 I'm here to answer any questions you may have.
11:43:18 >>CHARLIE MIRANDA: Petitioner here?
11:43:19 Care to say anything?
11:43:23 Anyone in the public care to speak on item no 40?
11:43:27 Please come forward.
11:43:28 I see no one.
11:43:29 I have a motion to close by Mr. Cohen, all in
11:43:33 favor of the motion to close, please indicate by
11:43:34 saying aye.
11:43:35 The ayes have it unanimously.
11:43:36 Mr. Reddick, would you kindly take number 40.
11:43:39 >>FRANK REDDICK: Yes, Mr. Chair, I move an
11:43:41 ordinance being presented for second reading and
11:43:43 adoption, an ordinance releasing a portion of
11:43:46 permit public transportation easement reserved by
11:43:48 the City of Tampa, ordinance north.
11:43:50 2011-11 and located within the vacated
11:43:52 right-of-way known as North "A" Street, the same
11:43:55 being more fully described in section one hereof,
11:43:58 amending section 2 F -- 2. F of ordinance no
11:44:07 2007-11 as amended by ordinance no 2013-11 to
11:44:12 reflect said partial release, providing an

11:44:14 effective date.
11:44:16 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.
11:44:18 I have a second by Mr. Cohen.
11:44:19 This is a second reading and adoption.
11:44:21 So I'm going to need the voting equipment to work
11:44:25 well because it's not working right now.
11:44:27 All right.
11:44:34 Vote and record.
11:44:36 >>THE CLERK: Motion carries, Montelione being
11:45:06 absent.
11:45:09 >>CHARLIE MIRANDA: Okay.
11:45:10 Item No. 41.
11:45:12 >> Thank you, Catherine Coyle, planning and
11:45:20 development.
11:45:20 Case ARZ14-01 is the area rezoning for the
11:45:25 expansion area for Ybor City.
11:45:26 From 21st avenue on the north side, western side
11:45:31 of the property is along Nebraska.
11:45:32 The eastern sides is 15th and the general southern
11:45:36 boundary is the Ybor City districts that already
11:45:40 exist just north of Columbus.
11:45:41 Just as a quick reminder, the commercial corridor
11:45:47 is currently CG and being rezoned to YC-5, which
11:45:51 is general commercial.
11:45:52 YC-8 is the new district for the RS-50, which is

11:45:57 also a single family, larger lot district.
11:46:00 Then there are two YC-2 parcels.
11:46:03 One is currently zoned CN and one currently zoned
11:46:07 RM-18.
11:46:07 We took the approach of doing a lateral, what is
11:46:10 considered a comparable lateral change from
11:46:12 current category two YC category.
11:46:16 City Council as a reminder actually adopted the
11:46:18 pangs for the Ybor City historic district last
11:46:20 year.
11:46:20 And this is just following through with the
11:46:22 rezoning.
11:46:23 It went to barrio Latino commission this week and
11:46:27 I submitted the letter, it was a unanimous
11:46:29 recommendation of approval.
11:46:30 >>CHARLIE MIRANDA: Thank you.
11:46:31 Anyone in the audience care to speak on Item No.
11:46:34 41?
11:46:35 >> Move to close.
11:46:36 >>CHARLIE MIRANDA: Motion to close by Ms. Capin.
11:46:38 Seconds by Ms. Mull fern.
11:46:40 All in favor of the motion, please indicate by
11:46:42 saying aye.
11:46:42 The ayes have it unanimously.
11:46:43 Mrs. Capin, will you kindly take know.

11:46:46 41 please?
11:46:47 >>YVONNE CAPIN: Thank you Mr. Chair.
11:46:48 An ordinance being presented for second reading
11:46:50 and adoption.
11:46:50 An ordinance of the City of Tampa, Florida
11:46:52 relating to an area rezoning the general location
11:46:54 of which is south of Floribraska and 21st avenue
11:46:58 north of Columbus Drive, west of 15th street and
11:47:01 east of Mitchell Avenue, in the City of Tampa,
11:47:03 Florida, from zoning district classifications
11:47:06 residential single-family, RS-50, residential
11:47:09 multi-family, RM-18, commercial neighborhood, CN,
11:47:13 and commercial general CG, to Ybor City specific
11:47:16 zoning classifications, YC-2, YC-5, and YC-8,
11:47:21 providing for notice, providing an effective date.
11:47:24 >>CHARLIE MIRANDA: Motion for second reading by
11:47:27 Ms. Capin, I have a second by Mr. Suarez.
11:47:29 This is a roll call vote.
11:47:31 Vote and record.
11:47:37 >>THE CLERK: Motion carried with Montelione being
11:47:40 absent.
11:47:42 >>CHARLIE MIRANDA: Okay.
11:47:43 These are continued public hearing.
11:47:45 Item No 42.
11:47:46 >> Gloria Moreda, land development.

11:47:56 Petition AB2-14-11, property is currently zoned
11:48:05 PD.
11:48:06 It is involving the Westshore Plaza at 253
11:48:12 Westshore Boulevard.
11:48:14 It's actually space C-51, which is the AMC
11:48:19 theaters at the location.
11:48:20 The request is for a large venue beer, wine,
11:48:24 liquor on premise consumption only.
11:48:26 The square footage of the AB sales area is 77,357
11:48:32 square feet.
11:48:33 All of which is interior space.
11:48:36 There are over 5,000 parking spaces on the
11:48:41 property.
11:48:41 And the site plan indicates that the hours of
11:48:44 operation would be consistent with city code.
11:48:49 >>CHARLIE MIRANDA: Thank you.
11:48:51 >> The large venue is the existing theater.
11:48:55 There is over 2,441 seats in the theater.
11:49:01 And they are a planned development district and
11:49:04 the development is consistent with the PD
11:49:07 requirement.
11:49:07 I have the aerial that shows the location of the
11:49:12 mall and outlining the area of where the theater
11:49:15 is.
11:49:15 The photograph that I've provided and the staff

11:49:22 report shows the view of the theaters from the
11:49:25 third level of the parking structure.
11:49:27 And I have the entrance of the mall on Kennedy as
11:49:33 well as on Westshore.
11:49:36 The development complies with the requirements of
11:49:41 code as a large venue.
11:49:45 They are in the Westshore business center.
11:49:47 And the only requirement is that there not be any
11:49:50 residential within 250 feet, which there are not.
11:49:53 The site is also location of the HART transit
11:49:59 center.
11:49:59 They have routes 15, 45 and the flex that stops
11:50:04 there.
11:50:05 Route 30 runs on Westshore between 5:00 a.m. and
11:50:10 12:30 a.m. and on weekends from 6:30 to 8:30.
11:50:15 P.m.
11:50:17 Here if Council has any questions.
11:50:21 >>CHARLIE MIRANDA: Any questions at this time?
11:50:22 Petitioner?
11:50:22 Police department first.
11:50:26 I'm sorry.
11:50:27 >> Good afternoon, Council.
11:50:28 Officer Don Miller, City of Tampa police deputy.
11:50:31 City of Tampa has no objections to special use 12.
11:50:35 >>CHARLIE MIRANDA: Thank you very much.

11:50:36 Petitioner?
11:50:38 >> Councilmembers, good morning.
11:50:39 Grace Yang, gray Robinson law firm.
11:50:42 401 East Jackson Street, Tampa, Florida, 33602.
11:50:46 I have been sworn.
11:50:47 With me today is George Patterson, senior
11:50:49 vice-president of AMC entertainment, who has flown
11:50:52 in from Kansas.
11:50:54 The AMC office in headquarters in Kansas, he has
11:50:58 also been sworn.
11:50:59 Councilmembers, we are respectfully requesting
11:51:02 your permission and approval for this alcohol
11:51:05 special use request for full liquor on-premise
11:51:08 consumption as an incidental accessory use to the
11:51:12 movie theater, primary use at this location.
11:51:14 We did prepare a PowerPoint presentation that we
11:51:17 have submitted to Council for your review.
11:51:20 I realize that we are getting into the lunchtime
11:51:23 hour and I would like to know if the
11:51:25 Councilmembers would permit us to try to run very
11:51:28 quickly through the PowerPoint?
11:51:30 I think it will help you understand the nature of
11:51:32 the request a little more.
11:51:33 >> I suggest you do.
11:51:34 >> Thank you.

11:51:36 At this time then, I'll ask Mr. Patterson to come
11:51:38 up and run through his PowerPoint.
11:51:40 Thank you very much.
11:51:43 >> Thank you, Grace.
11:51:44 Appreciate it.
11:51:45 Two things real quick.
11:51:47 It's always great to come home.
11:51:49 I'm from Florida.
11:51:50 So any time I have the opportunity as a Florida
11:51:52 native to come home, it's great to do that I think
11:51:55 the second part of that is, we have spent the last
11:51:59 I think two hours listening to the discussion
11:52:02 about alcohol and large venues.
11:52:05 So I think that we're well aware of general
11:52:10 concerns when it comes to alcohol.
11:52:12 I have the opportunity to speak to a number of
11:52:17 communities around the country.
11:52:17 What I'd like to today is take you through the
11:52:21 presentation quickly.
11:52:22 So we can get to questions and answers.
11:52:24 Real quick, who are we?
11:52:28 We're the second largest exhibiter in the country.
11:52:30 We went public back in December.
11:52:34 We are Kansas city based.
11:52:36 We have a number of screens.

11:52:38 I think most important thing is we, we're doing
11:52:42 business in about 350 locations arounds the
11:52:44 country.
11:52:45 We are predominantly a large venue, large market
11:52:48 venue operator.
11:52:50 We're the ones who show the movies, not the one
11:52:52 who ultimately make the movies.
11:52:54 The industry has continued to change and evolve
11:52:58 over the last 20 years.
11:53:00 I grew up on the "Then" side of this slide.
11:53:06 The "Now" slide is where this industry is going
11:53:09 currently.
11:53:09 Speaking of Westshore Plaza.
11:53:12 Just in the last few years we have invested
11:53:15 $85,000 per screen to go to digital and 3D.
11:53:18 We'll be investing in new concession stand in the
11:53:22 near term.
11:53:23 And if we're fortunate enough to get the SUP
11:53:25 approval, we'll be investing in alcohol service as
11:53:27 well.
11:53:28 But I think the point here is that the business
11:53:31 has changed.
11:53:31 For us to remain relevant as operators and
11:53:34 exhibitors, we have to continue to reinvest in our
11:53:37 business.

11:53:37 Why alcohol?
11:53:40 I think there's a couple of key points.
11:53:43 I say, number one, it's critical to our asset
11:53:49 development program.
11:53:50 By that I mean we're reinvesting heavily across
11:53:53 our circuit.
11:53:54 We estimate in 2014, our cap budget will be north
11:53:58 of $200 million.
11:53:59 So as we do dine in theaters, marketplaces, we
11:54:02 expand our business, do reserve seating, dining
11:54:05 theaters, alcohol becomes a critical part to it.
11:54:08 Number two is we have, we went out and researched
11:54:11 this.
11:54:11 This is not something we just made up overnight.
11:54:14 We found out very high percentage of guests over
11:54:17 the age of 21 would enjoy alcoholic beverage if it
11:54:20 was offered.
11:54:20 Now, do they all do that?
11:54:22 Certainly not.
11:54:23 It's just like people who indicate to us if we had
11:54:26 a lot more healthier options, they would eat it.
11:54:29 When we put the healthy options in, they do not.
11:54:32 The point the, it is very much an amenity.
11:54:35 That's how we treat the sales and service.
11:54:38 So, it's critical to know it's not a huge part of

11:54:41 our business, but it's important part of our
11:54:44 business.
11:54:45 Alcohol in Florida real quick.
11:54:48 We have three locations in the Tampa Bay area that
11:54:49 are currently offering alcohol service.
11:54:51 We have a number of others in Florida that do as
11:54:55 well.
11:54:56 We have two more that are, we have licenses but we
11:54:59 haven't officially begun construction on.
11:55:02 We do operate 20 theaters today in the state of
11:55:04 Florida.
11:55:06 So we're about half of our theaters do offer
11:55:09 service today.
11:55:09 Key point is, we do offer alcohol in 20 states
11:55:14 today.
11:55:15 47 different venues.
11:55:17 We have partnered carefully and closely with
11:55:20 California and we are working with Governor
11:55:22 Cuomo's group, the New York state liquor authority
11:55:25 on procedures and policies very similar to what
11:55:28 I'm going to speak to in a second.
11:55:30 How does AMC manage alcohol?
11:55:33 This is probably where the most frequently asked
11:55:36 questions arise.
11:55:37 They are really based on a couple of things.

11:55:40 We have a great deal of experience in this.
11:55:42 If you take all of the locations and add up all
11:55:45 the months, you come up with over 200 years of
11:55:48 alcohol service in our business.
11:55:49 So we're very adept.
11:55:53 We have grown over the years on how we manage
11:55:56 alcohol.
11:55:56 We continue to get better and better at it.
11:55:59 A lot of it is best practices.
11:56:02 My background is restaurants.
11:56:03 I didn't grow up in this industry.
11:56:05 I joined AMC about four years ago.
11:56:08 And a lot of the policies that you see before you
11:56:11 are things that we have adopted and we have
11:56:13 employed.
11:56:13 We do partner, we work with local regulatory
11:56:17 agencies.
11:56:18 We typically reach out to police and staff to make
11:56:21 sure that what we are going to bring forward meets
11:56:24 code and guidelines.
11:56:25 I think the thing that might be most interesting
11:56:28 in this, and I'm not sure who mentioned it, about
11:56:33 an hour ago, we believe at AMC the ability to
11:56:38 serve alcohol is a privilege.
11:56:40 It is not a right.

11:56:41 If we're fortunate enough to be granted a license,
11:56:44 we also know it can be taken away.
11:56:46 We have never had one revoked.
11:56:47 We have never had one taken away, so we have a
11:56:50 very good track record.
11:56:52 Real quick.
11:56:52 How do we manage this?
11:56:54 First of all, it's ticketed guests only.
11:56:56 This is not designed to be a bar where you come
11:56:59 down and sit and watch sporting events and spend
11:57:02 hours there.
11:57:03 We'd like to you come to the movies, if you would
11:57:05 like.
11:57:06 Beer, wine or a spirits.
11:57:08 If you want to get that drink and take it in the
11:57:11 movie and enjoy the movie, feel free to do that.
11:57:13 Those who do purchase an alcoholic beverage from
11:57:15 us, it's typically one drink.
11:57:17 They don't come back out of the movies.
11:57:19 Because once the movie starts, there are no
11:57:22 halftimes, there's no quarters, no timeouts, no
11:57:25 commercial.
11:57:26 We don't each have intermissions any more.
11:57:28 I remember intermissions, but we don't have those
11:57:31 any more.

11:57:32 All our employees, bartenders, managers, team
11:57:35 members, anybody in the building must go through
11:57:38 tips training or whatever the local training is
11:57:40 requested of.
11:57:42 We card everybody.
11:57:43 Everybody is going to be carded.
11:57:45 I'm 60 years old.
11:57:46 They're going to card me.
11:57:48 Each and every time.
11:57:49 We also have a zero tolerance policy.
11:57:51 That's enforced whether we're searching alcohol or
11:57:54 not.
11:57:54 What that means is, if we have issues or concerns
11:57:58 with people who come into our buildings, that have
11:58:01 maybe have been over-served somewhere else, we
11:58:03 have to deal with them.
11:58:04 We have 200 million guests who come to us each and
11:58:08 every year.
11:58:09 So we have to deal with this.
11:58:12 We partner with local police to make sure our
11:58:14 policies are in force.
11:58:16 Also we do mystery shop programs.
11:58:18 If our associates do not handle alcohol
11:58:20 appropriately, there's no suspension.
11:58:23 It's termination.

11:58:26 It's immediate.
11:58:26 This is the way we make sure our folks understand
11:58:29 it.
11:58:30 All bartenders must be over the age of 21,
11:58:33 regardless what the state law.
11:58:34 I'm not sure what Florida is.
11:58:36 It might be 18.
11:58:37 But you have to be 21 with AMC.
11:58:39 All the recipes are standards.
11:58:42 In other words, we don't have free-pour drinks.
11:58:45 They're all going to be made in a certain way in a
11:58:48 distinctive cup set.
11:58:50 It's not like you're going to have a bartender
11:58:53 just pouring for the sake of a pouring.
11:58:55 It's going to have to go in a jigger and properly
11:58:57 measured.
11:58:58 We have our own mystery shopper programs.
11:59:01 Partner with local regulatory agencies.
11:59:03 We have an outlet for guest feedback.
11:59:06 If people aren't comfortable or they see
11:59:08 challenges or issues.
11:59:09 That's not just for alcohol related.
11:59:11 That can be for anything.
11:59:13 In general, our policies are built to support the
11:59:18 movie-going experience.

11:59:20 Movie-going experience is, hasn't changed in a
11:59:24 number of years.
11:59:25 Once you sit down in the auditorium, the chances
11:59:27 of you coming back out for any reason, other than
11:59:30 the possible use the restroom, is slim.
11:59:33 That is the reason people leave the auditorium.
11:59:35 Couple key, this gives you kind of couple pictures
11:59:41 of what the might look like.
11:59:46 There's a couple thoughts there.
11:59:47 Once again, it's only going to be for movie
11:59:52 ticketed guests only.
11:59:53 There will be age restricted signage.
11:59:55 There will be railings.
11:59:56 There will be whatever the local ordinance
11:59:58 requires.
11:59:59 These are more pictures of MacGuffins locations in
12:00:07 Florida.
12:00:07 This is where we propose to actually have the
12:00:11 MacGuffins at Westshore Plaza.
12:00:14 Once again, you have to go to the box office, get
12:00:16 your ticket.
12:00:17 You're going to have to move through the barriers,
12:00:20 we're going to tear your ticket.
12:00:21 That's the only way you would have access to our
12:00:23 bar.

12:00:23 This is a rendering of what that space my look
12:00:27 like.
12:00:27 If you're familiar with Westshore Plaza, you would
12:00:30 walk in and it would be to the left and the open
12:00:32 space and you can look at the bottom right hand
12:00:35 corner and that's where the space would go.
12:00:36 So, in closing, I appreciate your time.
12:00:41 I think what I'd like to leave you with is the
12:00:45 industry continues to change.
12:00:46 We need to be able to evolve as an organization to
12:00:49 be able to meet that and I think the other part of
12:00:52 that is, we have an unbelievably fantastic track
12:00:55 record when it comes to alcohol service.
12:00:56 We just don't have the issues and I think it's two
12:00:59 things.
12:01:00 One, it's the movie going experience and number
12:01:02 two, our policies and procedures and how they're
12:01:04 managed.
12:01:05 Thank you.
12:01:06 >>CHARLIE MIRANDA: Questions for Councilmembers at
12:01:07 this time?
12:01:08 Yes, ma'am?
12:01:11 >> Councilmembers, if I may, in support of the
12:01:13 track record that Mr. Patterson talked about, I
12:01:15 would also like to enter into at this time a

12:01:17 letter from the Florida department of business and
12:01:20 professional regulation, division of alcoholic
12:01:22 beverage also and tobacco.
12:01:23 That issues the Florida liquor licenses for all
12:01:26 the AMC movie theaters.
12:01:28 I have a copy of the letter to enter into the
12:01:30 record that confirms for you of all of the AMC
12:01:33 licenses that they hold to date here in Florida,
12:01:35 there have been no violations.
12:01:36 No alcohol sales violations, or sales to minors or
12:01:41 any other alcohol related violations.
12:01:43 I'd like to enter that in.
12:01:45 >> Mover for an additional 15 minutes.
12:01:47 >>CHARLIE MIRANDA: Motion by Mr. Cohen for 15,
12:01:50 second by Ms. Mulhern.
12:01:51 All in favor of the motion, please indicate by
12:01:53 saying aye.
12:01:53 Opposed nay.
12:01:55 The ayes have it unanimously.
12:01:55 Anyone else?
12:01:59 Any Councilmembers?
12:02:01 Then I'm going to go to the public.
12:02:04 >>MARY MULHERN: I had a question for either of
12:02:06 you.
12:02:06 So the only point of sales is at the bar?

12:02:13 >> Yes.
12:02:13 >>MARY MULHERN: So you won't be going to the
12:02:15 counter where you get your candy?
12:02:16 >> It's completely separate.
12:02:17 Traditional concession stand, there's no alcohol
12:02:20 there.
12:02:20 >>MARY MULHERN: But they can bring it into the
12:02:22 theaters.
12:02:23 That's what's happening with the other ones that
12:02:25 you have.
12:02:26 >> Yes.
12:02:27 >>MARY MULHERN: So, I guess my question is, the
12:02:32 experience, like the experience of the viewer, as
12:02:37 someone who doesn't drink, but remembers the
12:02:40 smell, and you know, lives with someone who does
12:02:45 drink.
12:02:46 And you know, gets to that -- the experience for
12:02:50 children and for nondrinkers, or even people who
12:02:55 don't particularly like the smell, that's really
12:03:01 my problem with this concept.
12:03:04 So, I have to say that I haven't been to the, to
12:03:08 the theaters here that have that.
12:03:11 So between now and second reading, I'm going to go
12:03:15 experience it and see what it's like.
12:03:17 But I know that -- actually, that's not true

12:03:20 because our Tampa Theatre, I believe -- and
12:03:23 Ms. Yang will probably know this.
12:03:25 Do they have full alcohol or just beer and wine?
12:03:30 >> The Cinebistro?
12:03:34 >>MARY MULHERN: Both of those.
12:03:35 The Tampa Theatre.
12:03:36 >> Cinebistro I believe has full liquor license.
12:03:41 I believe Tampa Theatre has full liquor license as
12:03:44 well and MOSI, the Museum of Science and Industry,
12:03:46 the MOSI Imax theater has a full liquor license.
12:03:50 The Muvico in Ybor City has a full liquor license
12:03:53 as well.
12:03:56 >>MARY MULHERN: And haven't had a problem.
12:04:01 So I guess the problem will become if you're
12:04:03 filling all those seats now with people who are
12:04:05 having a cocktail.
12:04:06 Usually when you go to the multiplexes, the seats
12:04:11 aren't full.
12:04:12 >> And with the exception of, with the exception
12:04:15 of Cinebistro, which is a 21 and over only movie
12:04:18 theater, I believe children, teenagers, minors are
12:04:24 allowed in the Tampa Theatre movie, Muvico and
12:04:27 certainly at MOSI.
12:04:31 >>MARY MULHERN: Thank you.
12:04:32 >>CHARLIE MIRANDA: Any other Councilmember?

12:04:33 Anyone -- Mrs. Capin?
12:04:36 >>YVONNE CAPIN: Yes, thank you.
12:04:37 You have here -- are these your hours that you
12:04:42 operate the movie theater?
12:04:44 12:00 p.m. to 3:00 a.m.?
12:04:46 >> The hours of operations are going to vary,
12:04:50 depending on location.
12:04:51 I mean, what we typically -- best way I think to
12:04:56 answer, the alcohol service piece, is most of the
12:04:58 time, most of the time a bar will open around
12:05:02 3:00 in the afternoon and close around 11:00.
12:05:05 That's kind of the general rule of thumb.
12:05:08 Our corporate policy, our corporate policy is, in
12:05:12 most cases it's going to be 12:30 a.m.
12:05:15 But some shut earlier.
12:05:16 We do have midnight showing occasionally.
12:05:20 That, you know, the bar may stay open a little
12:05:22 later.
12:05:23 But that's going to be few and far between.
12:05:25 Just not that many of those.
12:05:26 But in general, we have flexibility to.
12:05:30 >>YVONNE CAPIN: I was just curious because those
12:05:32 are not necessarily the hours of operation, but
12:05:36 yet, you are limiting it to 15 hours a day.
12:05:41 And we permit 20 hours a day.

12:05:43 Saturday through Monday -- I'm sorry, Monday
12:05:47 through Saturday.
12:05:47 And 16 hours on Sunday.
12:05:49 I was just curious on why that, you know,
12:05:56 3:00 a.m. was in there.
12:05:57 The other thing that I want to point out that
12:06:03 Ms. Moreda said this is the hours of operation on
12:06:06 the site plan.
12:06:08 You know, that is not -- that's not what you said.
12:06:12 Please tell me what you said then.
12:06:17 >> The site plan indicates that they will be
12:06:19 consistent with code.
12:06:23 >>YVONNE CAPIN: Okay.
12:06:24 What does that mean?
12:06:26 >> Well, that they will follow what the City of
12:06:28 Tampa code requirements are.
12:06:30 >>YVONNE CAPIN: The code requirements.
12:06:32 >> That doesn't mean that they have to stay open
12:06:34 till 3:00 a.m.
12:06:36 >>YVONNE CAPIN: Correct.
12:06:37 >> But that does give them the option.
12:06:39 >>YVONNE CAPIN: They can open from 2:00 p.m. to
12:06:41 5:00 p.m. if they want.
12:06:42 Okay.
12:06:43 I understand that.

12:06:43 Okay, to code.
12:06:46 You listed several -- I'm sorry, sir.
12:06:52 You listed several conditions that you yourself,
12:06:58 the operation puts on themselves.
12:07:00 Is that something that you would be putting on the
12:07:07 site plan?
12:07:08 Those conditions?
12:07:10 Or is that just a management policy?
12:07:13 >> Ms. Capin, could you be more specific about
12:07:15 which conditions?
12:07:18 >>YVONNE CAPIN: If he can put them back up.
12:07:20 >> The responsible alcohol service conditions?
12:07:22 The mystery shop?
12:07:26 >>YVONNE CAPIN: If you can put them up.
12:07:31 >> Oh, the bartender's being 21 and over?
12:07:34 >>YVONNE CAPIN: And there were others.
12:07:36 If you bring it back up.
12:07:38 >> I would defer to land development and city
12:07:43 attorney if that's appropriate to put on a site
12:07:46 plan.
12:07:46 We have no objection to putting the requirement
12:07:50 that bartenders have to be 21 and over.
12:07:54 We have no objection to the responsible vendor,
12:07:56 tip training requirement.
12:08:00 >>YVONNE CAPIN: There's an ordinance right now,

12:08:01 right now that we passed that says that all
12:08:07 establishments that their conditions that they
12:08:12 agreed to in order to, when they agreed to when
12:08:17 they were granted their permit, those conditions
12:08:21 are posted where everyone can see them.
12:08:25 >> Yes.
12:08:26 >>YVONNE CAPIN: And that right now is an
12:08:27 ordinance.
12:08:27 So yes, it is -- you can post -- when you put
12:08:31 those on the site plan, yes, those are conditions
12:08:33 that are agreed to at the time of permitting.
12:08:37 So, when I look at these and I said these are
12:08:40 policy and they're very good policy.
12:08:43 I'm asking if the AMC would consider those more
12:08:51 than policy, actually conditions?
12:08:56 >> I mean, we have, we have done some of this in a
12:09:00 number of parts of the country.
12:09:02 I can walk through the one that is seem to
12:09:04 resonate the most, that make the most sense for,
12:09:07 you know, for us.
12:09:09 Certainly the bartender being over the age of 21,
12:09:17 that's, we're not going to change regardless of
12:09:20 what a state law may suggest.
12:09:22 Required tips training, that comes up quite a bit,
12:09:28 as a matter of fact, when we were in New York this

12:09:29 week, that was suggested by the New York state
12:09:32 liquor authority.
12:09:32 Carding everyone, that goes without saying.
12:09:36 You know, the other ones that typically pop up is
12:09:42 the distinctive set of cups.
12:09:45 We have done that we have done that in California.
12:09:47 It seem to be -- so those kinds of things do
12:09:52 resonate with not only Councilmembers but local
12:09:55 communities as well when we speak before.
12:09:58 >>YVONNE CAPIN: Right.
12:09:59 But right now, there are management and -- you
12:10:02 know, it's like when they come before us with a
12:10:06 planned development.
12:10:08 And they have a drawing.
12:10:09 That's not necessarily what's going to continue.
12:10:12 And that's why I'm interested in.
12:10:16 This is management policy.
12:10:18 How can we know if we are going to move forward
12:10:23 that these are going to take place?
12:10:30 >>REBECCA KERT: As you know, do you have the
12:10:33 ability to place conditions on your land use
12:10:34 permits related to the compatibility of the use at
12:10:38 that location.
12:10:39 However, state has preempted the regulation of
12:10:42 alcohol sales and how those operations occur to

12:10:45 the state.
12:10:46 So, things like requiring people to card people,
12:10:49 you know, bartenders being over 21, the tips
12:10:52 training are things that we are preempted from the
12:10:55 state from enforcing.
12:10:58 >>YVONNE CAPIN: So we're looking at the cups.
12:10:59 They're very good.
12:11:00 They're very good policies, but that's what they
12:11:04 are.
12:11:04 Policy.
12:11:05 Management policy.
12:11:06 There's no guarantee moving forward that this will
12:11:09 continue.
12:11:09 And that's what I'm looking at.
12:11:16 >> I'm not the attorneys here.
12:11:18 Although I have a daughter that's one.
12:11:24 >>YVONNE CAPIN: Provisions of camera in bar area,
12:11:28 is that a state preemptive?
12:11:30 >> State law does not currently require the closed
12:11:34 circuit cameras in every single bar area.
12:11:36 That's up to the individual business owner,
12:11:37 whether they want to do that.
12:11:39 AMC does it.
12:11:40 AMC wants to be able to sell responsibly secure
12:11:44 the alcohol responsibly.

12:11:46 And AMC would have a vested interest.
12:11:49 It would be an AMC's best interest to continue
12:11:52 these policies in place.
12:11:53 They have multiple liquor licenses in Florida now.
12:11:56 And they don't want to allow a violation at one
12:12:00 location to jeopardize all of their other
12:12:02 locations.
12:12:03 It's the same licensee at every single location.
12:12:06 The AMC concessionaire of Florida LLC entities.
12:12:10 So my client has the complete vested interest in
12:12:13 making sure that it continues a practice and a
12:12:16 pattern of no violations.
12:12:18 They're very proud of their violation-free record
12:12:21 and they want to have that continue.
12:12:22 So, these are.
12:12:28 >>YVONNE CAPIN: Being as we're integrating the
12:12:29 alcohol where there are underage and children and
12:12:32 all the rest of it, and I understand that.
12:12:34 I, you know, I've been to many theaters in Europe.
12:12:38 Walk in with your beer.
12:12:39 MOSI, I walked in with a cocktail.
12:12:41 And there's children.
12:12:43 There's all of that is available there.
12:12:44 However, I do believe that we have to have some
12:12:50 kind of set parameters that are guaranteed and I'd

12:13:00 like to know if those are any that you would be
12:13:02 interested in doing?
12:13:04 And -- it's just a question.
12:13:09 >> There's a couple thoughts on it.
12:13:13 And I'll give them to you.
12:13:15 I'll give you kind of in, the things that are most
12:13:19 important to us and I think to other exhibitors,
12:13:22 others that are in the business like this, things
12:13:25 that seem to be, do the best, that do the best in
12:13:30 the managing controlling alcohol in our business,
12:13:33 it starts with where you serve it.
12:13:35 If it is a separate, and I think you mentioned
12:13:38 that, if it's a separate space.
12:13:40 That's number one.
12:13:41 Because it's distinctive and it's unique.
12:13:43 The only way you're going to get in there is if
12:13:46 you're with somebody.
12:13:47 You're over the age of 21.
12:13:48 >>YVONNE CAPIN: Excuse me, but we're not just
12:13:50 permitting the separate area.
12:13:51 That's not what's happening here amount of are we
12:13:54 permitting just the separate area?
12:13:56 >> No, you're permitting the whole building.
12:13:58 What I'm saying --
12:14:00 >> No, no, we're not permitting the whole

12:14:02 Westshore mall.
12:14:03 Let me make that very clear.
12:14:05 We are not permitting the whole Westshore mall.
12:14:07 We are trying to permit the interior square
12:14:10 footage for the AMC movie theater, which is a
12:14:13 large tenant at the mall.
12:14:15 >>YVONNE CAPIN: And that square footage is?
12:14:17 >> The square footage is --
12:14:23 >>YVONNE CAPIN: We are permitting 77,000 square
12:14:25 feet.
12:14:25 Not just that area.
12:14:27 That is where I'm going with this.
12:14:29 This is just -- there's a...
12:14:38 >> The reason why we need to permit the entire
12:14:40 square footage area, even though there's one bar,
12:14:42 is because in order to legally allow the
12:14:45 consumption of the alcohol, we need to --
12:14:49 >>YVONNE CAPIN: I understand.
12:14:50 >> Get permitted.
12:14:52 >>YVONNE CAPIN: Okay.
12:14:53 >>CHARLIE MIRANDA: Ms. Mulhern?
12:14:55 >>MARY MULHERN: I just wanted to follow-up on
12:14:56 Councilwoman Capin's questions with Ms. Kert.
12:14:59 Are there any of these conditions that they have
12:15:06 adopted as policy, would you say this is your

12:15:09 company-wide policy?
12:15:10 >> Yes.
12:15:12 And in -- yes, these are the standard policies and
12:15:19 procedures we have in other jurisdictions, we have
12:15:22 some that are unique to that particular.
12:15:25 >>MARY MULHERN: So then my question is for
12:15:27 Ms. Kert.
12:15:27 Are there any of those things that we could place
12:15:31 as conditions?
12:15:33 >>REBECCA KERT: Well, before I go down this list.
12:15:35 Let me say two things.
12:15:36 Number one, I totally get Council's concerns.
12:15:41 What I'm hearing from the applicant is, this is
12:15:43 how they intend to operate.
12:15:44 It's not necessarily their concern about putting
12:15:46 it in the site plan.
12:15:47 But what I have to be concerned about is you guys
12:15:50 putting things on the site plan we can't enforce.
12:15:53 >>MARY MULHERN: But my question --
12:15:56 >> Would not be enforceable.
12:15:57 Let me explain to you why.
12:16:00 Not just me saying it.
12:16:02 Number one, these are things we would probably
12:16:05 like in any establishment.
12:16:06 You have to think back, why don't we require every

12:16:08 nightclub that comes in to have these extra
12:16:10 cameras and all these other additional things?
12:16:12 It's because the state does not allow us to get
12:16:14 into operational activities and too, and I've said
12:16:17 this before and I know it's tricky when it comes
12:16:21 to alcohol, but you all cannot base an approval or
12:16:23 denial based upon the assumption that the activity
12:16:26 is going to -- let me rephrase that.
12:16:29 That the business is going to operate illegally.
12:16:31 And that's what these things address.
12:16:34 They address the concern of underage drinking.
12:16:36 And that's not -- you guys have to assume that
12:16:39 this business is going to operate legally.
12:16:41 That's required under special use, under the case
12:16:45 law with special use.
12:16:46 >>MARY MULHERN: But we do this all the time.
12:16:48 We put these conditions, hours of operation.
12:16:51 >> You put hours of open earnings, yes.
12:16:53 And they have to deal with compatibility of the
12:16:56 youth.
12:16:56 But these sorts of conditions have to deal with,
12:17:00 as I'm reading them, dealing with underaged
12:17:02 drinking.
12:17:04 >>MARY MULHERN: Okay.
12:17:04 So because there are no waivers requested, is that

12:17:07 basically what it is?
12:17:08 We're not --
12:17:10 >>REBECCA KERT: It's two separate things.
12:17:11 The first one is, again, you couldn't deny -- you
12:17:15 shouldn't be shutting someone down at 11 because
12:17:18 you have concern they will operate illegally.
12:17:21 Having the condition that they seize operating at
12:17:23 11.
12:17:24 It's because if they operate where they are
12:17:25 located, after 11:00, that use is no longer
12:17:29 compatible.
12:17:30 That's why I think that that condition in certain
12:17:32 situations is appropriate and legally enforceable.
12:17:35 But in this situation, what you're looking at,
12:17:39 number one is, conditions that need to be related
12:17:41 to the compatibility of the use, assuming that the
12:17:46 use is going to operate legally at this location.
12:17:48 And on top of that you know, they are requesting
12:17:51 no waivers from your general code provision.
12:17:55 >>MARY MULHERN: Okay.
12:17:56 That answers that.
12:17:57 Then my other question -- so you're -- I mean I
12:18:00 think the best thing on there was the cups.
12:18:07 So we can't have the agreement for the permit that
12:18:09 they would have cups that are really graphically

12:18:14 color coded, I would say.
12:18:18 >>REBECCA KERT: City Council, you know, they will
12:18:19 agree to have it on there.
12:18:21 I'm telling you if it comes to a time they are not
12:18:23 having different colored cups --
12:18:26 >>MARY MULHERN: We can't enforce it.
12:18:27 >>REBECCA KERT: So I don't want you to base your
12:18:28 decision on only being comfortable with different
12:18:30 colored cups.
12:18:31 >>MARY MULHERN: Okay.
12:18:32 Then the other question, Rebecca -- don't leave.
12:18:35 I think you're going to have some other questions
12:18:37 too.
12:18:37 Don't go anywhere.
12:18:39 What happens, we zone this 77,000 square feet.
12:18:46 And I mean, one thing that could happen is it
12:18:50 could just change hands and be another theater.
12:18:53 >>CHARLIE MIRANDA: Excuse me, I need another two
12:18:55 hours.
12:18:56 15 minutes ain't going to cut it.
12:19:00 >> Motion to go to 12:45.
12:19:02 >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconds by
12:19:04 Ms. Mulhern to 12:45.
12:19:06 All in favor of the motion, please indicate by
12:19:07 saying aye.

12:19:07 The ayes have it unanimously.
12:19:08 >>MARY MULHERN: Or it ceases to be a theater.
12:19:15 Or some portion is no longer a theater.
12:19:18 >> I'll ask Ms. Moreda to confirm this because I
12:19:21 try to avoid testifying, but it is my
12:19:22 understanding that it is condition to operate as a
12:19:24 movie theater.
12:19:25 So if it ceases to operate as a movie theater, it
12:19:28 could no longer have sales.
12:19:30 >>MARY MULHERN: Is that right?
12:19:30 >> Well, the theater is the primary use of this
12:19:34 property.
12:19:35 And that is the basis of the large venue request.
12:19:39 >>MARY MULHERN: Okay.
12:19:40 So no other type of use could be, could...
12:19:50 >> If the 77 -- if the approximate 77,000 square
12:19:54 feet of tenant space is no longer used as a movie
12:19:56 theater, whoever comes in next would need to apply
12:20:01 again to the city, for new use.
12:20:05 >>MARY MULHERN: Thank you.
12:20:07 >> I agree.
12:20:08 The special use that's being presented on this
12:20:11 site plan is for a large venue.
12:20:14 And it is for a movie theater use.
12:20:17 Soy, that is the --

12:20:19 >>MARY MULHERN: So if any other --
12:20:21 >> And that's the basis for the alcoholic
12:20:23 beverage.
12:20:24 >>MARY MULHERN: Right.
12:20:25 So if there is another use --
12:20:30 >> Right, so for example, if they want to convert
12:20:33 it into restaurants, if the movie theaters go away
12:20:35 and they want to replace it with four different
12:20:37 restaurants, each restaurant would need to come
12:20:39 in, or each restaurant would need to apply.
12:20:42 If they want to convert it to a nightclub, they
12:20:47 would need to reapply.
12:20:49 >>MARY MULHERN: And you're agreeing with that,
12:20:51 Ms. Moreda?
12:20:53 >> Yes.
12:20:54 >>MARY MULHERN: Thank you very much.
12:20:54 >>CHARLIE MIRANDA: Any other comments?
12:20:55 Ms. Capin?
12:20:57 >>YVONNE CAPIN: Thank you.
12:20:57 So therefore, the hours that are here will not be
12:21:00 posted on the site plan?
12:21:02 Because they are within the code?
12:21:07 That's not required.
12:21:09 >> My understanding was that you preferred the
12:21:12 special use site plans to indicate that they will

12:21:14 be consistent with chapter 14.
12:21:17 And that is what we're advising applicants.
12:21:20 And that's what we advised Ms. Yang to do on this
12:21:23 site plan.
12:21:24 So they indicate on the site plan that they will
12:21:27 be consistent with chapter 14.
12:21:31 >>YVONNE CAPIN: Thank you very much for clarifying
12:21:31 that even more.
12:21:32 Thank you.
12:21:34 Thank you.
12:21:37 I'm satisfied.
12:21:38 >>CHARLIE MIRANDA: Anyone in the audience care to
12:21:40 speak on item number 42?
12:21:42 Please come forward.
12:21:43 >> Margaret Vizzi, 213 South Sherrill,
12:22:03 representing the Beach Park board.
12:22:05 We did have an emergency called meeting of the
12:22:08 board on Monday evening regarding this.
12:22:11 And many of our questions were the same questions
12:22:15 that you have asked.
12:22:16 One of the things that they keep saying is that
12:22:19 it's for a theater.
12:22:21 And yet, as we understood, it is not, I mean, when
12:22:28 Gloria first read it, she said a large venue.
12:22:31 So I don't know whether theater is specifically on

12:22:34 there or not.
12:22:35 City code allows, Mr. Miranda always says from
12:22:43 7:00 a.m. to 3:00 a.m.
12:22:45 That's what city code says.
12:22:47 So yes, they keep talking about these special
12:22:52 events that they plan to have.
12:22:53 So that's what we keep asking.
12:22:56 You know, will it really be from noon, now to
12:23:00 3:00 a.m.?
12:23:02 Because you know, we're getting into nightclub
12:23:05 hours.
12:23:06 So, many, many of these questions that were asked,
12:23:13 we asked.
12:23:14 We were told that there would be a projectionist
12:23:20 in each one of the booths, who is going to be
12:23:24 overseeing any movement of these alcoholic
12:23:28 beverages to others.
12:23:30 Now, I don't know, some say that there are no
12:23:34 longer projectionists in booths.
12:23:37 We have to believe that what they're telling us is
12:23:39 true.
12:23:40 We don't know that.
12:23:41 So we have a concern.
12:23:46 Who is going in the dark to be able to see this?
12:23:49 They tell us it's not as dark as we think it is.

12:23:51 There are many, many youths in that area, plus all
12:23:55 over the city who attend those theaters on Friday
12:24:00 and Saturday flights.
12:24:03 And that's where our main concern is.
12:24:05 You know, it was sad listening earlier to all the
12:24:10 discussion about alcoholic beverages.
12:24:13 And all the problems that really occurred at the
12:24:15 beginning of all the problems with Ybor City.
12:24:18 It was the youth.
12:24:22 And that's where we're really concerned.
12:24:24 There are so many youth in those theaters.
12:24:26 On Friday and Saturday nights.
12:24:28 And we don't know what's going to happen.
12:24:31 We have great concern, but then to wrap it up.
12:24:33 In the end, they gave us all the answers that they
12:24:36 just gave you and the board said that we would
12:24:41 tentatively not oppose and ask them to ask for
12:24:46 second reading, if you decide to approve this,
12:24:49 after a general meeting which just so happens to
12:24:52 be occurring, I think it's the 15 -- the 13th of
12:24:59 may.
12:25:00 And that they would come back the second reading
12:25:02 on the 15th after we have time for our general
12:25:07 membership to give us input on this whole issue.
12:25:10 Because not only for our neighborhood, but the

12:25:12 other neighborhoods that surround that area.
12:25:14 And city citywide, with the youth.
12:25:18 Thank you.
12:25:18 >>CHARLIE MIRANDA: Thank you very much.
12:25:19 Next please?
12:25:20 >> Good morning, Council.
12:25:28 Ann Kulik with the Westshore Alliance.
12:25:31 We're here generally to say we have no objections.
12:25:34 We're in support of this.
12:25:35 We think the movie theater and the business
12:25:38 expectation from their clients is really something
12:25:41 that the market has come to expect.
12:25:44 Westshore is consistently an you'renized area.
12:25:48 Lots of residents, lots of hotels.
12:25:50 Lots of restaurants.
12:25:51 And it's something that's really I think from the
12:25:53 public becomes sort of an expectation and a
12:25:56 service that the business can provide.
12:25:59 We're obviously very comfortable with AMC as the
12:26:02 concessionaire.
12:26:02 And more importantly with Westshore Plaza and the
12:26:04 owners of Westshore Plaza.
12:26:06 They all have a vested interest in making sure
12:26:08 it's a clean operation.
12:26:11 It's an enormous driver for the Westshore market.

12:26:14 So we really think it's an appropriate use.
12:26:16 Thank you.
12:26:17 >>CHARLIE MIRANDA: Thank you very much.
12:26:17 Next please?
12:26:21 >> Peggy Curlin, 212 South O'Brien.
12:26:24 Also with the Beach Park Homeowners Association.
12:26:27 I just want to reiterate what Margaret said, that
12:26:30 we did have some of the same concerns as Ms. Capin
12:26:35 and Ms. Mulhern have expressed.
12:26:37 And also to reiterate the fact that we want the
12:26:41 second reading delayed until after our general
12:26:44 meeting on May 13th.
12:26:45 Ms. Yang did indicate that she would come to that
12:26:49 meeting, so that if members have questions, they
12:26:52 would be able to ask her and get the information
12:26:54 directly from her rather than secondhand from the
12:26:57 board.
12:26:59 >>CHARLIE MIRANDA: Anyone else in the audience
12:27:00 care to speak on this item?
12:27:02 Please come forward.
12:27:03 >> I'm Jay Botsch, the general manager of
12:27:06 Westshore Plaza, representing the property as well
12:27:08 as Glimcher Realty Trust, out of Ohio, as the
12:27:11 ownership and management entity of the property.
12:27:14 I had benefit of being here earlier as well, to

12:27:17 hear earlier conversations.
12:27:18 I want to, like to Staub here and tell you that I
12:27:21 could answer a lot of questions that will solve a
12:27:23 lot of these issues and I don't have all those
12:27:25 things.
12:27:26 But what I do have are a couple things I wanted to
12:27:28 share with you.
12:27:30 Specifically related to AMC and Westshore Plaza.
12:27:33 I think the importance of the overall city.
12:27:36 AMC has been there for well over ten years.
12:27:39 And they're very successful.
12:27:41 They've done very, very well serving their
12:27:43 customers.
12:27:43 Done very, very well serving the landlord, being
12:27:46 myself, when we have an issue of any kind, usually
12:27:49 it's a physical nature, gravity tends to pull
12:27:51 things down sometimes.
12:27:52 We have to deal with some things, since they're on
12:27:54 the second level.
12:27:55 That is a business that not only is it taking 77
12:27:59 plus thousand square feet on the second level of
12:28:01 the shopping center, it is the entire second level
12:28:04 of the shopping center.
12:28:05 It's a piece that was designed specifically for a
12:28:07 theater to come in there and operate.

12:28:10 And they're done tremendously well.
12:28:13 In spite of some of the traffic woes we have as we
12:28:16 have construction around the area.
12:28:18 But they've done very, very well.
12:28:19 I think important thing to realize in looking at
12:28:23 AMC, they're not just the only component to the
12:28:25 shopping center.
12:28:26 We have over 100 different businesses that we
12:28:29 represent on that particular site.
12:28:31 Some of the complementary businesses are our
12:28:34 restaurants.
12:28:34 They work in tandem.
12:28:37 They work very well together.
12:28:38 They are very, very important component to the
12:28:41 operation of that.
12:28:43 And your conversations kind of expanded out to
12:28:45 what happens when the theater is not there?
12:28:48 You'll excuse me, I don't really want to think in
12:28:50 those terms, because we like them.
12:28:52 But it's important to note that this is an
12:28:54 evolution of their process, of their business
12:28:56 process trying to cater to their clientele, which
12:29:00 is changing all the time.
12:29:01 But for an issue of scale, since is you were
12:29:04 looking for some of the square footages and how

12:29:05 big the theater is, right now, collectively the
12:29:10 restaurants out front, Mitchell's, the palm space,
12:29:13 Maggiano, PF Chang, all those come into about
12:29:17 37,000 square feet total.
12:29:19 The theaters are twice the size, over twice the
12:29:22 size of that.
12:29:23 It's an impressive scale.
12:29:24 And if you look at Old Navy or H & M stores,
12:29:28 they're about 25,000 square feet each.
12:29:31 Again, AMC is a significant square footage tenant
12:29:34 there.
12:29:35 And if you look at Dick's sporting goods opening
12:29:38 next week, that's a hundred thousand square feet.
12:29:40 The largest store in their portfolio.
12:29:43 They are a significant player.
12:29:44 If I can add one more thing, one of the most
12:29:47 exciting things taking place I think right now in
12:29:50 the Westshore District is seeing some of the
12:29:51 residential components finally being developed.
12:29:54 Economy has not been friendly for office and
12:29:57 hotels and residential.
12:29:58 But it's really taking off.
12:29:59 And it's taking off to cater to an audience that
12:30:02 is looking for the restaurants, the theaters and
12:30:04 shopping at their door stuff.

12:30:07 That millennial generation is who is shopping and
12:30:11 who is going to AMC theaters.
12:30:13 Very important component as we evolve the shopping
12:30:16 center.
12:30:17 Thank.
12:30:17 >> You thank you very much.
12:30:18 Anyone else who care to speak?
12:30:20 Item number 42?
12:30:21 Petitioner, you got closing statements?
12:30:26 >> Councilmembers, I appreciate your time.
12:30:28 I appreciate you working through the lunch hour.
12:30:32 Again, let me stress that we are a well
12:30:37 established business.
12:30:38 They have a wonderful proven track record of being
12:30:41 able to sell alcohol in a responsible successful
12:30:45 manner.
12:30:45 We have had some discussions with Ms. Vizzi and
12:30:49 the Beach Park homeowners association.
12:30:50 And I'm willing to continue to have those
12:30:52 discussions.
12:30:55 AMC wants to be a good neighbor and continue to be
12:30:57 a good business in the Westshore Business
12:30:59 District.
12:31:01 They want to welcome people to come to see the
12:31:04 movies and to have an enjoyable experience.

12:31:06 And that would be adults, as well as minors.
12:31:11 We have plenty of venues where adults and minors
12:31:14 can coexist very well and peaceably with alcohol
12:31:18 consumption.
12:31:19 And I ask again that you consider the data that we
12:31:22 have presented to you, consider the great track
12:31:25 record that they have.
12:31:27 They understand that this is a privilege and they
12:31:30 are very respectful of that privilege and want to
12:31:32 continue to operate well in our market.
12:31:35 Thank you.
12:31:35 >>CHARLIE MIRANDA: Need a motion to close.
12:31:38 >>MARY MULHERN: Ms. Yang, are you willing to have
12:31:42 the second reading be on May 15th?
12:31:45 >> Yes.
12:31:45 We are.
12:31:47 It would being a delay of an additional two weeks.
12:31:51 And it's not a problem.
12:31:52 I am willing to do that.
12:31:54 I indicated to the Beach Park homeowners
12:31:56 association that I would ask my clients if they
12:31:59 had any objection to that.
12:32:01 We are fine with that.
12:32:02 Again, we want to, we want to work well the
12:32:06 surrounding neighborhood.

12:32:07 So yes, we have no objection.
12:32:10 >>MARY MULHERN: Thank you.
12:32:11 >>CHARLIE MIRANDA: Have a motion to close by eight
12:32:13 people.
12:32:13 There's only 7 of us here.
12:32:15 Have a motion to close by Mr. Reddick, second by
12:32:17 Ms. Capin.
12:32:18 Further discussion by councilmembers?
12:32:20 All favor of the motion to close, please indicate
12:32:20 by saying aye.
12:32:21 The ayes have it unanimously.
12:32:22 >>YVONNE CAPIN: I'd like to, first of all, I'd
12:32:26 like to say I'm very comfortable with the, with
12:32:30 the explanations of the square footage.
12:32:32 I think the policies that are in place are
12:32:36 excellent.
12:32:36 That's why I was hoping to make them conditions.
12:32:39 But they're very good policy.
12:32:40 And I'd like to also say the hours of operation,
12:32:44 the, and that the square footage pertains to a
12:32:49 theater.
12:32:49 Therefore, I will move to, the ordinance, to
12:32:54 second reading.
12:32:56 And that date will be added at the end -- I mean
12:33:00 first reading.

12:33:02 I'm moving you along.
12:33:04 Sorry.
12:33:04 Ordinance being presented for first reading
12:33:06 consideration, an ordinance approving the special
12:33:08 use permit S-2 for alcoholic beverage steals large
12:33:12 venue consumption on premises only and making
12:33:14 lawful the sale of beverages regardless of
12:33:16 alcoholic content - beer, wine and liquor - on
12:33:17 that certain lot, plot or tract of land located at
12:33:19 253 North Westshore Boulevard, space C 51, Tampa,
12:33:26 Florida, as more particularly described in section
12:33:28 2, that all ordinances or parts of ordinances in
12:33:31 conflict are repealed; providing an effective
12:33:33 date.
12:33:35 >>CHARLIE MIRANDA: I have a motion by Ms. Capin,
12:33:38 second by Mr. Suarez.
12:33:39 Further discussion by Councilmembers on first
12:33:41 reading?
12:33:42 All in favor of the motion, please indicate by
12:33:43 saying aye.
12:33:43 Opposed nay.
12:33:45 The ayes have it unanimously.
12:33:47 >> Second reading adoption will be held on
12:33:49 May 15th, 2014 at 30:00 a.m.
12:33:52 >>CHARLIE MIRANDA: Thank you very much.

12:33:53 All for attending and speaking.
12:33:55 Appreciate it.
12:33:55 Item number 43.
12:33:57 It's a second public hearing on a resolution for
12:34:02 an amendment.
12:34:04 >> Yes, sir, Rebecca Kert, is assistant city
12:34:08 attorney.
12:34:08 This is a second reading on, with request to move
12:34:12 a resolution approving a second amended to
12:34:14 development agreement between Hillsborough River
12:34:16 realty corporation and the City of Tampa.
12:34:20 As I said at the first hearing, the only change,
12:34:22 there's no change to the entitlements.
12:34:24 The only change is to the terminus agreement to
12:34:27 extend it to December 29th, 2019 to make it
12:34:30 consistent to the expiration of the DRI.
12:34:35 I'm available if there are any questions.
12:34:38 And the developer is here.
12:34:39 >>CHARLIE MIRANDA: Okay.
12:34:44 Anyone else?
12:34:47 >> Move the resolution.
12:34:50 >>CHARLIE MIRANDA: I have a motion --
12:34:53 >>LISA MONTELIONE: It's a public hearing.
12:34:54 So have to close the public hearing.
12:34:56 >>CHARLIE MIRANDA: Anyone in the public care to

12:34:57 speak on this?
12:34:58 I have a motion to close public hearing by
12:34:59 Ms. Montelione.
12:35:00 Seconded by Mr. Cohen.
12:35:02 Further discussion by Councilmembers?
12:35:03 All in favor of the motion, please indicate by
12:35:04 saying aye.
12:35:04 Opposed nay.
12:35:06 The ayes have it unanimously.
12:35:06 Mr. Suarez, you want to move the resolution?
12:35:09 >>MIKE SUAREZ: I move resolution no 43.
12:35:12 >> Second.
12:35:13 >>CHARLIE MIRANDA: Motion by Mr. Suarez, I have a
12:35:14 second by Mr. Reddick.
12:35:16 Further discussion by Councilmembers in all in
12:35:18 favor of the motion, please indicate by saying
12:35:19 aye.
12:35:19 Opposed nay.
12:35:21 The ayes have it unanimously.
12:35:21 We go to item 44.
12:35:23 That cannot be heard.
12:35:25 The affidavit was not filed properly.
12:35:28 Anyone in the audience care to speak on the
12:35:30 continuation of this to May 15th?
12:35:33 See no worn.

12:35:34 Night a motion by Council for that.
12:35:36 >> So moved.
12:35:37 >>CHARLIE MIRANDA: Motion by Ms. Montelione,
12:35:38 second by Mr. Cohen on item 43 to be heard May 15,
12:35:43 year 2014.
12:35:44 All in favor of the motion, please indicate by
12:35:46 saying aye.
12:35:47 The ayes have it unanimously.
12:35:47 We go now to committee reports.
12:35:49 Item 10.
12:35:59 >> Dave Vaughn, director of contract
12:36:00 administration.
12:36:01 Item ten is the award of a construction contract
12:36:03 for streetscape and infrastructure improvements on
12:36:05 Madison street, between Channelside and Meridian
12:36:08 drive.
12:36:09 I'm here for questions.
12:36:10 But encourage your approval.
12:36:12 >>CHARLIE MIRANDA: Ms. Mulhern?
12:36:13 >>MARY MULHERN: I don't know if this question is
12:36:20 for you or Mr. Hatchett, who I did get a briefing
12:36:23 from.
12:36:23 But I do have some questions.
12:36:25 I want to understand why this was not brought to
12:36:36 us at last week's CRA meeting.

12:36:44 >> Michael Hatchett, Channel District, CRA.
12:36:48 >>MARY MULHERN: I mean brought to the board of the
12:36:51 CRA.
12:36:51 >> The Tampa CRA board, as agency?
12:36:54 The reason for that is timing.
12:36:58 Our department does understand that in a situation
12:37:00 where a project is going to be funded with CRA
12:37:06 finds, particularly a construction project of this
12:37:09 magnitude, that it is the board's -- Council's
12:37:12 request that we bring the item to you the as you
12:37:15 sit as the agency, so that the agency has an
12:37:19 opportunity to ask questions relating to the input
12:37:24 and involvement of the various community
12:37:26 redevelopment areas that work alongside the
12:37:29 department.
12:37:29 In bringing these requests to you.
12:37:32 In this particular case, the contract itself has
12:37:36 been ready to come before you for approval for
12:37:39 sometime.
12:37:40 As you know, we're trying to work the timing of
12:37:44 this project in conjunction with the start of
12:37:48 construction of the Martin residential tower.
12:37:52 On Madison and Meridian.
12:37:54 And so, even though this item has been ready to
12:37:57 bring to you for approval, our department of has

12:38:00 asked contract administration over the past couple
12:38:02 of months not to bring it to you until we had
12:38:06 affirmation, confirmation from the developer of
12:38:09 that project that he was in fact going to be able
12:38:12 to start construction in a way that would time
12:38:15 well with the start of the Madison street
12:38:17 improvements.
12:38:18 At the time that we received it, that confirmation
12:38:20 from the developer, we were at a point beyond
12:38:24 deadlines for filing our agenda items for the CRA
12:38:28 board meeting.
12:38:29 Putting us in the position where we could not
12:38:32 bring the item to you.
12:38:34 I did have the choice of delaying for another
12:38:37 month, of bringing this item to you sitting as
12:38:40 Council, until May.
12:38:43 Conversations with contract admin and my
12:38:47 administrator, we chose not to take that option
12:38:50 because that put us in the position of having to
12:38:52 revisit the contractor over the amount of the
12:38:54 award, the amount of the contract, because that
12:38:57 would've put us beyond the 90 days.
12:39:00 >>MARY MULHERN: All right.
12:39:01 Thank you.
12:39:01 But, I've got the agenda item request to put it on

12:39:07 the City Council agenda today, was on April 3rd.
12:39:11 Which was two weeks ago.
12:39:15 Right?
12:39:17 >> Yes.
12:39:18 >>MARY MULHERN: So.
12:39:18 You could've requested to have it on last week's
12:39:22 CRA agenda at that same time.
12:39:26 Could've been a walk-on, a request.
12:39:28 >> A walk-on may have worked.
12:39:30 But we were beyond our Sire deadlines, I believe.
12:39:34 For the CRA board.
12:39:36 >>MARY MULHERN: Well, was it that day?
12:39:38 Or did you know a week before?
12:39:40 >> I don't know the exact date that our CRA board
12:39:43 deadline fell in place.
12:39:44 Also having -- also another item that impacts our
12:39:50 ability in working with the CRA agenda, contract
12:39:53 administration is anticipating and preparing
12:39:57 documents in accordance with their timelines to
12:39:59 come to you as Council.
12:40:02 So they are not in, or we're not in a position to
12:40:07 draft the documents for our need for the CRA
12:40:09 board.
12:40:10 To be able to make the agenda deadline.
12:40:15 >>MARY MULHERN: I also see -- I don't know what

12:40:17 happened with the developer, but the bid was
12:40:19 opened on January 28th.
12:40:23 And we're asking to be approved the lowest bidder.
12:40:26 So that was several months ago.
12:40:28 So, my feeling, I'm not going to vote for this
12:40:34 because I think it needs to come in front of the
12:40:37 CRA board.
12:40:37 This is over a million dollars, which is one-third
12:40:41 of the revenue, close to one-third of the revenue
12:40:44 for one fiscal year.
12:40:48 This fiscal year, or next fiscal year for the
12:40:51 Channelside TIF.
12:40:53 That's a lot of the dollars.
12:40:55 So I think it's important that the CRA board hear
12:40:57 about it.
12:40:58 And I'm not sure why we didn't.
12:41:01 And if it's that, you know, and if your timing now
12:41:05 is so important that you can't, you know, you
12:41:11 could bring it in front of the CRA board at our
12:41:13 next meeting and then we could even have, you
12:41:15 know, a special session to approve it at the, the
12:41:21 next meeting is may 8th.
12:41:24 So, and there's an evening session.
12:41:26 So, I don't know if you could delay it till then.
12:41:31 But, I'd consider doing it then.

12:41:34 >>CHARLIE MIRANDA: Ms. Capin?
12:41:38 >>YVONNE CAPIN: Thank you Mr. Chair.
12:41:39 You mentioned something that caught my attention.
12:41:44 That contract administration is preparing the
12:41:48 documents to bring to City Council.
12:41:49 Therein lies the issue.
12:41:53 Because any -- I'm going to move, approve this,
12:42:00 but I want this perfectly clear.
12:42:02 Any contract that are in a CRA district, the
12:42:09 contract administration has to prepare them for
12:42:11 the CRA board.
12:42:12 Not just for City Council.
12:42:16 Because we will run into this every single time if
12:42:19 they're not ready for CRA.
12:42:21 I think they have to prepare it as if it's coming
12:42:24 to CRA as opposed to coming to the, to City
12:42:29 Council because it is a CRA district and it needs
12:42:33 to be treated like that.
12:42:35 We have a CRA, if you want, I'll make it a motion.
12:42:41 But I think it's something that needs to be done
12:42:44 anyway.
12:42:48 That is part of the procedure.
12:42:49 But the excuse for not have been it was because
12:42:54 contract administration is preparing documents for
12:42:56 City Council, not for CRA.

12:42:58 Therefore, they weren't ready for CRA.
12:43:00 Well, they need to be ready for CRA.
12:43:02 They need to prepare those documents for CRA.
12:43:05 First.
12:43:06 And then bring it to City Council.
12:43:08 And I think that was what you said.
12:43:12 >> Yes.
12:43:12 Absolutely.
12:43:13 It is our intent and our desire that these types
12:43:16 of resolutions for construction projects be
12:43:18 prepared by contract administration.
12:43:21 They have the expertise and drafting the language
12:43:23 to bring to you.
12:43:25 I do not.
12:43:26 At the same time, in this particular case, when we
12:43:31 were comfortable, or had the confirmation from the
12:43:36 Martin developer, that he was in fact going to
12:43:39 begin construction soon, put us in a position of
12:43:42 being comfortable in moving forward with the
12:43:45 Madison street improvements.
12:43:46 Factoring in our, the CRA board agenda deadline.
12:43:51 So at the time that we had, that we had a green
12:43:55 light, full, from the people that we pleaded green
12:43:58 lights from, I turned to contract admin to request
12:44:01 the documents.

12:44:03 But we were on top of filing deadlines for the CRA
12:44:07 board.
12:44:08 Not allowing them the time to prepare the
12:44:11 documents.
12:44:12 If that's making sense.
12:44:17 My option was to ask them to push it off until
12:44:20 may, so that we could come to the CRA board first
12:44:23 followed by Council.
12:44:25 One of the concerns we had about that is we were
12:44:28 beyond the 90 day time frame, at which we had
12:44:31 accepted this particular contractor's proposal and
12:44:34 we would've had to revisit or have them reaffirm
12:44:38 their construction price for us.
12:44:41 >>YVONNE CAPIN: What I'm getting at is, we can't
12:44:43 have this it has to come before the CRA board.
12:44:47 >> Agreed.
12:44:48 And that is my intention, this particular project.
12:44:51 And I have another project that I'm working with
12:44:53 Mr. Vaughn's team now for may, that will come to
12:44:56 the CRA board and then it will come to the
12:44:59 Council.
12:44:59 And we have the time.
12:45:02 >>YVONNE CAPIN: This is an exception.
12:45:04 >> Absolutely.
12:45:04 This was certainly not intended.

12:45:08 We understood clearly from your motion that you
12:45:10 made sometime ago that these types of projects
12:45:12 come to the CRA board first.
12:45:15 We want to do that.
12:45:16 It is our intention.
12:45:17 And in makes I will be here with another project
12:45:19 along with Mr. Vaughn, for the CRA board on
12:45:23 Madison street.
12:45:25 Come to the board first, because we have the time.
12:45:27 We don't have timing issues are, we're not waiting
12:45:31 for a developer's confirmation that he's going to
12:45:32 be able to move forward before I ask you to start
12:45:34 spending money on a million dollar construction.
12:45:37 >>YVONNE CAPIN: Let me ask you.
12:45:38 Why wasn't it even brought up at the CRA board
12:45:40 meeting that, because of the time constraint, we
12:45:43 will be bringing this to City Council and we just
12:45:46 cannot bring it to the -- the documents aren't
12:45:49 ready for CRA?
12:45:53 [Inaudible]
12:45:58 >> I'm sorry.
12:45:59 Came in the last than minute.
12:46:01 If it was already in your CRA budget from previous
12:46:04 years, it wasn't a requirement to bring it back.
12:46:06 Only time they're required to bring it back to the

12:46:08 CRA first if it was new money.
12:46:10 If the projects' already contemplated, in one of
12:46:13 your previous budgets, if that was the question, I
12:46:16 apologize because I wasn't watching.
12:46:18 Somebody said I should come in and bring that up.
12:46:21 >>YVONNE CAPIN: Was it changed?
12:46:22 Is this money -- this money was approved or was it
12:46:25 approved in general, not in specific?
12:46:29 >>SAL TERRITO: In the CRA's, you have very broad
12:46:33 category.
12:46:34 If that fits within one of these categories, there
12:46:36 was no asking for us to come back for a specific
12:46:39 project.
12:46:40 If it was sets aside for road improvements, for
12:46:42 example, then, or public works projects, that was
12:46:45 broad enough category for them to bring it back to
12:46:48 the City Council first.
12:46:49 Was money that was being moved from a different
12:46:52 category in the CRA, then the necessity was to
12:46:55 come back to you to have you approve moving the
12:46:58 money first.
12:46:59 >>YVONNE CAPIN: Not going to have the CRA
12:47:01 discussion now but I will bring this up at our CRA
12:47:03 meeting because if that's not required, maybe we
12:47:08 should make it a requirement.

12:47:09 Thank you.
12:47:11 >>CHARLIE MIRANDA: Ms. Mulhern?
12:47:12 >>MARY MULHERN: I believe that is a requirement of
12:47:15 the CRA board.
12:47:16 That contracts that are going to be approved by
12:47:25 City Council that are fully funded, or even funded
12:47:27 in part by TIF dollars, have to come -- I think
12:47:31 Mr. Hatchett knew this and that's why he talked to
12:47:35 us about it.
12:47:36 >> This was something that came up with, when
12:47:39 chairman Scott was still here.
12:47:41 That was a concern of his.
12:47:42 Was my understanding -- I may be wrong, my
12:47:45 understanding was if the money was not already
12:47:47 appropriated by the CRA for the particular
12:47:48 project, it wasn't necessary to come back.
12:47:50 His concern was we're bringing things to City
12:47:53 Council using CRA funding and the CRA have never
12:47:56 seen it.
12:47:56 But if it was already from the CRA's budget, then
12:47:59 it wasn't necessary to bring it back because you
12:48:01 had approved it and one of the concerns you had, I
12:48:03 understand that was this might have been in
12:48:05 previous years.
12:48:06 But was two years ago, three years ago and didn't

12:48:08 want to use that money for that purpose any more
12:48:10 and you were not aware it.
12:48:12 But to my knowledge you never made it a
12:48:14 requirement of the CRA that anything using CRA
12:48:16 money, irrespective when it was approved, would
12:48:20 have to come back to you.
12:48:21 That was my recollection.
12:48:22 Not saying I've got it wrong, but that was my
12:48:25 recollection.
12:48:26 >>MARY MULHERN: Well, it was long time ago.
12:48:28 At least Chairman Miranda and I were here.
12:48:32 And.
12:48:37 >> It is still your decision.
12:48:38 If you want to it go that way, obviously you have
12:48:40 the authority to do that.
12:48:41 If you want everything to come back to the CRA,
12:48:43 that's your prerogative.
12:48:45 Not saying you can't do it.
12:48:46 But that's not the rule as of now.
12:48:48 >>MARY MULHERN: We can talk about it at our next
12:48:51 CEO kneeing.
12:48:53 >>CHARLIE MIRANDA: I have a motion to move the
12:48:55 resolution by Mr. Reddick, seconded by
12:48:57 Ms. Montelione.
12:48:58 All in favor of the motion, moving the

12:49:00 resolutioner please indicate by saying aye.
12:49:01 The ayes have it unanimously.
12:49:03 Why don't give me till 1:00 unless you want to
12:49:06 come back.
12:49:07 Take an hour and a half for lunch and come back.
12:49:09 >> Motion to extend for till 1:00 p.m.
12:49:14 >>CHARLIE MIRANDA: Thank you very much.
12:49:14 I have a motion by Mr. Cohen, second by Ms. Capin
12:49:17 to go till 1:00.
12:49:19 All in favor of the motion, please indicate by
12:49:20 saying aye.
12:49:20 The ayes have it unanimously.
12:49:21 We go to committee reports.
12:49:25 Public safety committee chair, Mr. Frank Reddick.
12:49:27 >>FRANK REDDICK: Thank you Mr. Chair, mover items
12:49:29 11 through 16.
12:49:30 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second
12:49:31 by Mr. Cohen.
12:49:32 Further discussion by Councilmembers?
12:49:34 All in favor of the motion, please indicate by
12:49:35 saying aye.
12:49:35 Opposed nay.
12:49:36 The ayes have it unanimously.
12:49:37 Parks, recreation, culture committee chair,
12:49:40 Ms. Mary Mulhern.

12:49:43 >>MARY MULHERN: I move items 17 through 22.
12:49:45 >>CHARLIE MIRANDA: Motion by Ms. Mulhern, I have a
12:49:47 second by Mr. Cohen.
12:49:48 Further discussion by Councilmembers?
12:49:49 All in favor of the motion, please indicate by
12:49:51 saying aye.
12:49:52 The ayes have it unanimously.
12:49:52 Public works committee chair, Mr. Mike Suarez.
12:49:57 >>MIKE SUAREZ: I move items 23 and 24.
12:49:59 >>CHARLIE MIRANDA: Second.
12:49:59 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
12:50:01 Mr. Cohen.
12:50:02 Further discussion by Councilmembers.
12:50:03 August in favor of the motion, please indicate by
12:50:04 saying aye.
12:50:05 The ayes have it unanimously.
12:50:06 Finance committee chair, Mr. Harry Cohen.
12:50:11 >>HARRY COHEN: I move item 25.
12:50:13 >>CHARLIE MIRANDA: Motion by Mr. Cohen, I have a
12:50:14 second by miss Mulhern.
12:50:18 All in favor of the motion, please indicate by
12:50:19 saying aye.
12:50:20 The ayes have it unanimously.
12:50:20 Building, zoning and preservation committee chair
12:50:23 Ms. Montelione.

12:50:24 >>LISA MONTELIONE: Thank you Mr. Chair.
12:50:25 I move items 26 through 35.
12:50:27 >>CHARLIE MIRANDA: Motion by Ms. Montelione, I
12:50:28 have a second by Mr. Suarez.
12:50:31 All in favor of the motion please indicate by
12:50:33 saying aye.
12:50:33 Opposed nay.
12:50:35 The ayes have it unanimously.
12:50:35 Transportation committee chair, Ms. Yvonne Yolie
12:50:40 Capin.
12:50:41 >>YVONNE CAPIN: I move item 36.
12:50:43 >>CHARLIE MIRANDA: Motion by Ms. Capin, second by
12:50:44 Mr. Cohen.
12:50:45 All in favor of the motion, please indicate by
12:50:46 saying aye.
12:50:46 Opposed nay.
12:50:48 The ayes have it unanimously.
12:50:48 Okay.
12:50:50 First of all, I need a motion to receive and file
12:50:51 all the documents.
12:50:53 Have a motion made by Mr. Suarez, second by Mr.
12:50:56 Cohen.
12:50:57 All in favor of that motion, please indicate by
12:50:59 saying aye.
12:50:59 Opposed nay.

12:51:00 The ayes have it unanimously.
12:51:01 Information reports by Councilmembers on new
12:51:05 business, Ms. Montelione?
12:51:08 >>LISA MONTELIONE: Thank you Mr. Chair.
12:51:09 I have one.
12:51:10 I would like to ask City Council for commendation
12:51:12 of Mrs. Tanja Vidovic.
12:51:15 She is a city of Tampa firefighter and the driving
12:51:18 force behind the community orchard movement.
12:51:20 So that we can have, as she put it here, free
12:51:25 fruit for all people in the city.
12:51:28 So, I have to check with her schedule,
12:51:31 firefighter, to see when she is available to be
12:51:34 here.
12:51:35 So, at a future date.
12:51:37 I would also like to invite all of those that were
12:51:40 involved in the project, parks and recreation
12:51:44 director Greg Bayor, Peg boards, Deb Geitz, Robert
12:51:48 Irving, Kevin Sara and the associated.
12:51:54 This project cost us zero dollars because she was
12:51:57 able to get all of the materials donated.
12:51:59 So Keep It Green Nursery, Tampa Bay Chapter Rare
12:52:02 Fruit Council, Mothers Organics, Whitwam Organics,
12:52:05 Worm's Way, Neem Tree Farms, Tampa Bay Organics,
12:52:09 Keep Tampa Bay Beautiful and the Downtown

12:52:10 Partnership.
12:52:11 If I missed anyone, we can add them later.
12:52:13 >>CHARLIE MIRANDA: I have a motion by
12:52:15 Ms. Montelione, second by Ms. Capin.
12:52:17 Ms. Mulhern?
12:52:19 >>MARY MULHERN: You missed the Parks Department
12:52:20 chair.
12:52:21 Myself.
12:52:21 And got her together with the Parks Department.
12:52:28 >>CHARLIE MIRANDA: Okay.
12:52:28 I have a motion for commendation for a lot.
12:52:31 But a motion very well received and very well
12:52:35 honored.
12:52:36 We used to have them when we were kids.
12:52:38 There were fruits everywhere.
12:52:40 I have that motion made.
12:52:41 All in favor of the motion, please indicate by
12:52:42 saying aye -- and the date will be according to
12:52:45 what she can schedule.
12:52:46 All in favor of that motion, please indicate by
12:52:48 saying aye.
12:52:48 The ayes have it unanimously.
12:52:49 Mr. Cohen?
12:52:51 >>HARRY COHEN: Thank you, Mr. Chair.
12:52:53 I'd like to request two commendations.

12:52:55 One to be given posthumously to the late Judge Don
12:52:58 Castor.
12:52:59 The second to be given to Evangeline Best.
12:53:02 Both of these individuals are being honored by the
12:53:04 League of Women Voters of Hillsborough County.
12:53:06 >>CHARLIE MIRANDA: Motion by Mr. Cohen, I have a
12:53:08 second by Ms. Montelione.
12:53:09 Further discussion by councilmembers?
12:53:11 All in favor of the motion please indicate by
12:53:13 saying aye.
12:53:14 The ayes have it unanimously.
12:53:15 Anything else, sir?
12:53:16 >>HARRY COHEN: No, thank you.
12:53:17 >>CHARLIE MIRANDA: Ms. Mulhern?
12:53:21 Mr. Reddick?
12:53:23 >>FRANK REDDICK: Chair, I just wanted to, on
12:53:25 behalf of this Council, send out condolences to
12:53:29 Ms. Linnie Young-Green, who lost her husband in a
12:53:33 car accident late last night.
12:53:38 >>CHARLIE MIRANDA: Sorry to hear that.
12:53:41 >> Second.
12:53:42 >>CHARLIE MIRANDA: I have a motion and second
12:53:43 by -- all in favor of the motion, please indicate
12:53:46 by saying aye.
12:53:46 Opposed nay.

12:53:48 The ayes have it unanimously.
12:53:48 Anything else, Mr. Reddick?
12:53:50 >>FRANK REDDICK: No, sir.
12:53:51 >>CHARLIE MIRANDA: Ms. Capin?
12:53:53 >>YVONNE CAPIN: I'd like to make a motion for
12:53:54 Rebuilding Together Tampa Bay to make a five
12:53:58 minute presentation to City Council on Thursday,
12:54:00 June 5th.
12:54:02 >> Second.
12:54:02 >>CHARLIE MIRANDA: Motion by Ms. Capin, second by
12:54:04 Mr. Suarez.
12:54:05 Further discussion by Councilmembers.
12:54:06 All in favor of the motion, please indicate by
12:54:07 saying aye.
12:54:08 Opposed nay.
12:54:09 The ayes have it unanimously.
12:54:09 Anything else?
12:54:10 Mr. Suarez?
12:54:12 >>MIKE SUAREZ: Thank you, chair.
12:54:13 Nothing other than to tell everyone to have a
12:54:15 happy Easter.
12:54:16 And since passover is over now, we know Easter is
12:54:19 around the corner.
12:54:20 I hope everyone has a safe and happy Easter.
12:54:23 >>CHARLIE MIRANDA: Thank you very much.

12:54:24 Any further discussion?
12:54:25 Any other -- anything from the 510 people out in
12:54:31 the audience?
12:54:31 I see no one.
12:54:32 Anything else to come before this Council?
12:54:35 Stand adjourned.

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compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.