TAMPA CITY COUNCIL
Thursday, May 1, 2014
9:00 a.m. Session
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09:02:07 >>CHARLIE MIRANDA: City Council is called in
09:03:24 Chair yields to Mr.-- what's your name again?
09:03:30 Mr. Harry Cohen.
09:03:34 >>HARRY COHEN: Thank you.
09:03:34 Ms. Stephanie Thomas from our clerk's office will
09:03:38 give us the invocation.
09:03:40 >> All heads bowed.
09:03:41 We pray to God to all that is transcendent, to all
09:03:45 that is sacred, to the conscience that resides
09:03:49 within us.
09:03:49 In a world filled with turbulence and chaos, we
09:03:52 are grateful for this body of legislators and
09:03:55 leaders who seek to make Tampa a more safe, humane
09:03:57 and just place that is centered observation.
09:04:01 In this world, where we are in great need of hope
09:04:04 and optimism, the people yearn for leadership that
09:04:07 will motivate and inspire.
09:04:09 We ask that you embed in the hearts of our leaders
09:04:12 your work, your will and the unconditional love
09:04:15 that you have for each of us.
09:04:16 Give us the ability to see beyond our differences,
09:04:19 knowing that the important works that we do as
09:04:22 public servants is not done because of us, or by
09:04:26 our hand, but because of you.
09:04:28 Woodrow Wilson once said, year of the leader must
09:04:31 ring with the voices of the people.
09:04:33 As we serve, Lord, allow our ears to not only hear
09:04:37 the voices of the people, but let us hear from you
09:04:40 Lord, that you grant our leaders the courage and
09:04:42 humility as they continue to do this blessed work.
09:04:45 Because in fact, it is truly blessed.
09:04:48 Generations from now, people will walk the streets
09:04:51 of Tampa, and be grateful to you for engraining a
09:04:54 vision in the hearts of men by the names of
09:04:57 Buckhorn, Miranda, Cohen, Reddick and Suarez.
09:05:01 And courageous women by the names of Mulhern,
09:05:04 Capin and Montelione.
09:05:06 And the people who serve under this very
09:05:09 Because now is the time that visions are unfolding
09:05:12 and exceptional things are happening in Tampa.
09:05:14 It is not by accident that we are all here and we
09:05:18 acknowledge that, Lord.
09:05:19 Each of us from the highest ranking employee to
09:05:22 the lowest ranking employee is here as a result of
09:05:25 a divine appointment.
09:05:27 As we embark upon older Americans month, we pay
09:05:31 homage to those who served before us and we pray
09:05:34 to have the wisdom to leave this place in better
09:05:37 condition than we found it so that we can
09:05:39 responsibly pass it over to our respective
09:05:42 We recognize that you have given us tasks to carry
09:05:45 out, and we know that you will give us the courage
09:05:47 to carry out those assignments.
09:05:50 Thank you for giving us the opportunity to be part
09:05:52 of your great plan.
09:05:56 [PLEDGE OF ALLEGIANCE]
09:06:15 >>CHARLIE MIRANDA: Roll call?
09:06:17 [Roll Call]
09:06:18 >>MIKE SUAREZ: Here.
09:06:20 >>FRANK REDDICK: Here.
09:06:22 >>HARRY COHEN: Here.
09:06:24 >>CHARLIE MIRANDA: Here.
09:06:24 Need a motion for adoption of minutes of the
09:06:28 meeting held April 17th.
09:06:29 Motion by Mr. Reddick, second by Mr. Cohen.
09:06:32 Further discussion by councilmembers?
09:06:33 All in favor of the motion, please indicate by
09:06:35 saying aye.
09:06:35 Opposed nay.
09:06:36 The ayes have it unanimously.
09:06:36 Item number one, Mr. Reddick.
09:06:40 >>FRANK REDDICK: Mr. Chair, I'm going to request
09:06:42 that this commendation be withdrawn and be
09:06:45 presented at another time.
09:06:46 >>CHARLIE MIRANDA: Okay.
09:06:46 Thank you very much.
09:06:47 I got that information yesterday.
09:06:49 And I appreciate very much.
09:06:50 Withdraw this motion to later date.
09:06:56 All in favor of that motion, please indicate by
09:06:58 saying aye.
09:06:59 The ayes have it unanimously.
09:06:59 I need approval of the agenda and the addendum.
09:07:02 >> So moved.
09:07:03 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez,
09:07:05 second by Mr. Reddick.
09:07:06 All in favor of the motion, please indicate by
09:07:07 saying aye.
09:07:08 Opposed nay.
09:07:09 The ayes have it unanimously.
09:07:09 Public comment.
09:07:11 Anyone in the audience care to speak to this
09:07:14 Council regarding items on the agenda or off the
09:07:16 Please come forward.
09:07:17 >> Good morning, Council.
09:07:32 Pete Johnson, 510 Harrison Street.
09:07:35 I sent this out this morning.
09:07:37 Obviously, you guys haven't had a chance or your
09:07:39 legislative aides even had that chance, so I
09:07:42 figured I'd get it printed out and show it to you.
09:07:45 Due to the fact that the city does not comply with
09:07:48 state statute 16203 and city ordinance 9-8, this
09:07:58 particular property owner has again violated the
09:08:06 same violation over and over and over again.
09:08:09 Not just on the one property.
09:08:13 But on three properties at this point.
09:08:16 We got to come up with a situation.
09:08:22 I know that if I took city to court over the state
09:08:26 statute, it is going to cause major legal problems
09:08:30 with the city.
09:08:31 So I don't want to do that.
09:08:34 But we need to pressure the administration into
09:08:40 complying with this state statute and developing a
09:08:44 process where if you comply within the date given,
09:08:51 you're not fined.
09:08:52 But you are found guilty.
09:08:54 Just like the statute reads.
09:08:57 There is no legal right not to follow this
09:09:02 If we don't inspect apartment complexes, seven
09:09:05 units or more because the state of Florida has to
09:09:08 do it, then we should comply with this state
09:09:11 Thank you.
09:09:13 >>CHARLIE MIRANDA: Thank you very much, sir.
09:09:13 Anyone else care to speak to this Council on items
09:09:16 on the agenda or off the agenda?
09:09:18 I see no one.
09:09:24 >> Good morning, Council.
09:09:24 My name is Kevin Plummer, I'm head of school of
09:09:27 Tampa Preparatory School.
09:09:29 I believe on the agenda this morning you have a
09:09:30 bond agreement that is there.
09:09:33 The only thing I wanted to say about it is, we
09:09:36 consider the contracts with the city to be very,
09:09:40 very important to us and we always honor them.
09:09:42 And the bond agreement that is before you will
09:09:46 allow our institution to accelerate its capacity
09:09:50 to repay that bond, which is very, very important
09:09:53 to us because we know that public funds are needed
09:09:55 in many, many places.
09:09:57 So, that's my only comment for the morning.
09:09:59 And thank you for your work on behalf of the city.
09:10:01 >>CHARLIE MIRANDA: Thank you very much, sir.
09:10:02 Next please?
09:10:03 >> I'm Ed Tillou.
09:10:10 And I'm from Sulphur Springs.
09:10:18 Have to hand this out afterwards.
09:10:21 What I would like to speak about, given that at
09:10:24 the last meeting I stayed a long time.
09:10:26 I had a lot of observations to make, but you know,
09:10:29 I even missed half of my class.
09:10:32 But anyway, this is of course something I would
09:10:36 more like to speak about -- this will only be in
09:10:40 the theaters for maybe another week or two.
09:10:43 But, like a lot of movies, I had to see it two or
09:10:46 three times to get a lot of the nuances and such.
09:10:51 And what goes with it is that Russell Crowe is a
09:10:54 method actor.
09:10:55 I think maybe Jennifer Conley too.
09:10:58 And what happens is he got really intense about
09:11:02 the fact that the people outside of the ark
09:11:05 screaming and shouting, didn't have to suffer.
09:11:10 They could've change their ways.
09:11:13 Now, they were sinful.
09:11:15 That's what the rabbis and geezer made it to be.
09:11:17 But the original story, they were making a lot of
09:11:22 So this touches on two issues of mine about
09:11:25 climatic changes, disastrous climatic change and
09:11:30 also noise.
09:11:30 But anyway, here's another movie that's kind of
09:11:33 It's not a good movie.
09:11:36 But the thing is it's kind of interesting that
09:11:38 somebody puts a nuclear bomb on the desk of the
09:11:42 Well, this was not the best movie of last year.
09:11:50 The best movie was Wolf of Wall Street.
09:11:53 But that could never get an award of course.
09:11:55 It was too forthright.
09:11:57 But this movie was actually very good.
09:11:59 Was the best movie in the Golden Globes, brought
09:12:01 attention to that, but again, we have a Mayor, the
09:12:05 Mayor of Camden played by, Jeremy Renner.
09:12:10 And the thing of it is that, that he portrayed
09:12:17 that Mayor more sympathetically than he should've.
09:12:22 But the thing is the Mayor was concerned about
09:12:24 jobs and things like that.
09:12:26 In any event, being in Sulphur Spring, this is a
09:12:31 movie from years ago.
09:12:33 You can get the DVD on American hustle.
09:12:36 But the thing of it is, I was in Fort Apache the
09:12:40 The thing is, that was my job, city of New York
09:12:43 going around to burned-out buildings.
09:12:45 And what happened was these buildings were being
09:12:47 burned out by the owners.
09:12:49 And that's the way things were done years ago.
09:12:54 Here and there an owner would do it.
09:12:57 In the meantime, law enforcement changed a little
09:12:59 Now there are bounties.
09:13:02 So maybe some public citizen could come forward
09:13:05 with an offer about a bounty about the harbor
09:13:07 club, because the harbor club, as I go around
09:13:10 Sulphur Springs and things, it had a lot of
09:13:12 And there was always the hope somebody would come
09:13:14 in and do something with it.
09:13:15 But now, maybe it's cheaper to do it with
09:13:20 something new.
09:13:20 But anyway, this material to hand out has to do
09:13:24 with the harbor club.
09:13:26 And I generally have eight.
09:13:28 But I have one for Mr. Johnson because I think
09:13:31 what he just [Inaudible]
09:13:44 >>CHARLIE MIRANDA: Now we know what happened to
09:13:45 the harbor club.
09:13:48 Anyone else in the audience care to address this
09:13:50 Council on items on the agenda, off the agenda?
09:13:53 Any request for public reconsideration of any
09:13:59 items that were done legislatively by this Council
09:14:03 in the prior meeting?
09:14:04 I see no one.
09:14:05 We go to staff reports.
09:14:07 Let me just say that item number two, I had a
09:14:10 request from the individuals to hold this to
09:14:14 10:00 from the 9:00 to 10:00, so we'll honor that.
09:14:17 And we'll go to item number 3.
09:14:22 Resolution for approval of a citywide median and
09:14:25 parkway, ground maintenance, entitlement.
09:14:30 Yes, sir?
09:14:31 >> Good morning, Council.
09:14:32 Greg Spearman, director of purchasing.
09:14:34 Item number 3 is a request for resolution of
09:14:36 approval for the bid of Greenturf for the
09:14:39 furnishing of citywide medians and parkways
09:14:43 grounds and maintenance in the amount of
09:14:48 This is for the city's 227 parkways and medians
09:14:52 throughout the city, which includes grounds
09:14:54 maintenance, fertilizing of weed control and also
09:15:00 >>CHARLIE MIRANDA: Any questions by
09:15:01 Thank you very much, sir.
09:15:02 Appreciate it very much.
09:15:04 I have a resolution being moved by Mr. Reddick,
09:15:07 second by Mr. Cohen.
09:15:08 Further discussion by Councilmembers?
09:15:09 All in favor of the motion, please indicate by
09:15:10 saying aye.
09:15:11 Opposed nay.
09:15:12 The ayes have it unanimously.
09:15:12 Committee reports and ordinances for first
09:15:20 Item number 4 is an ordinance for first reading to
09:15:26 correct a scrivener's error.
09:15:28 Mr. Cohen, read that.
09:15:36 >>HARRY COHEN: Thank you, Mr. Chair.
09:15:37 I move an ordinance being presented for first
09:15:38 reading consideration.
09:15:39 An ordinance amending ordinance No 2014-20, passed
09:15:44 and ordained by the City Council of the City of
09:15:47 Tampa on March 6, 2014, which approved a special
09:15:50 use permit for small venue with package sales off
09:15:53 premises consumption only, located at 1209 South
09:15:56 Howard Avenue, correcting a scrivener's error by
09:16:00 substituting a revised exhibit A for the exhibit A
09:16:02 that was supplied in error, providing for
09:16:04 severability, providing an effective date.
09:16:07 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen on
09:16:09 first reading, second by Mr. Suarez.
09:16:10 Further discussion by Councilmembers?
09:16:12 All in favor of the motion, please indicate by
09:16:13 saying aye.
09:16:13 Opposed nay.
09:16:18 >> Mr. Chairman, motion carried with Mulhern and
09:16:21 Montelione being absent.
09:16:22 Second reading and adoption will be held on
09:16:24 May 15th, 2014 at 9:30 a.m.
09:16:28 >>CHARLIE MIRANDA: Thank you very much.
09:16:29 We go to committee reports.
09:16:32 Public safety committee, Mr. Frank Reddick.
09:16:36 >>FRANK REDDICK: Thank you Mr. Chair.
09:16:37 Move items 5 and 6.
09:16:43 >>CHARLIE MIRANDA: I have item number five, item
09:16:45 number six, Mr. Reddick, just told me item six is
09:16:49 being removed.
09:16:51 >>FRANK REDDICK: Move item number five.
09:16:52 >>CHARLIE MIRANDA: Item number five.
09:16:54 I have a motion by Mr. Reddick, second by
09:16:55 Mr. Cohen item number five.
09:16:57 All in favor of the motion, please indicate by
09:16:58 saying aye.
09:16:59 Opposed nay.
09:17:00 The ayes have it unanimously.
09:17:07 Parks, recreation, culture committee, chair is not
09:17:12 Vice chair is not here, so we -- oh, there is the
09:17:16 chair -- vice chair.
09:17:17 I'll hold items.
09:17:20 I'll hold parks and recreation committee for just
09:17:22 one second.
09:17:23 We go to public works committee chair, Mr. Mike
09:17:26 >>MIKE SUAREZ: Thank you, chair.
09:17:27 I move items 10 through 18.
09:17:30 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez,
09:17:32 second by Mr. Cohen.
09:17:34 All in favor of the motion, please indicate by
09:17:35 saying aye.
09:17:35 Opposed nay.
09:17:37 The ayes have it unanimously.
09:17:37 Finance committee chair, Mr. Harry Cohen.
09:17:43 >>HARRY COHEN: Thank you, Mr. Chair.
09:17:43 I move items 19 through 26.
09:17:45 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
09:17:47 Mr. Reddick.
09:17:48 All in favor of the motion, please indicate by
09:17:49 saying aye.
09:17:50 Opposed nay.
09:17:51 The ayes have it unanimously.
09:17:52 Transportation committee chair, Ms. Yvonne Yolie
09:17:57 >>YVONNE CAPIN: Thank you, Mr. Chair.
09:17:58 I move items 32 and 33.
09:18:05 >> Second.
09:18:06 >>CHARLIE MIRANDA: I have a motion by Ms. Capin on
09:18:08 items 32 and 33, second by Mr. Cohen.
09:18:12 All in favor of the motion, please indicate by
09:18:13 saying aye.
09:18:14 Opposed nay.
09:18:15 The ayes have it unanimously.
09:18:15 We go back to buildings, zoning and preservation
09:18:18 committee chair, Ms. Montelione.
09:18:20 >>LISA MONTELIONE: I move -- thank you, Mr. Chair.
09:18:22 I move items 27 through 31.
09:18:24 >>CHARLIE MIRANDA: Motion by Ms. Montelione, I
09:18:25 have a second by Mr. Suarez.
09:18:29 All in favor of the motion, please indicate by
09:18:30 saying aye.
09:18:30 Opposed nay.
09:18:31 The ayes have it unanimously.
09:18:32 Parks, recreation, culture committee vice chair,
09:18:36 Ms. Montelione.
09:18:38 >>LISA MONTELIONE: Thank you Mr. Chair.
09:18:39 I move items 7 through 9.
09:18:41 >>CHARLIE MIRANDA: Motion by Mrs. Montelione,
09:18:42 second by Mr. Suarez.
09:18:44 Further discussion by Councilmembers?
09:18:45 All in favor of the motion, please indicate by
09:18:46 saying aye.
09:18:47 Opposed nay.
09:18:48 The ayes have it unanimously.
09:18:48 We go now to items being set for public hearing.
09:18:58 Need a motion for items 34 and 35.
09:19:01 Motion by Mr. Suarez, second by Mr. Cohen.
09:19:04 Further discussion by Councilmembers?
09:19:06 All in favor of the motion, please indicate by
09:19:08 saying aye.
09:19:08 Opposed nay.
09:19:09 The ayes have it unanimously.
09:19:14 >>CHARLIE MIRANDA: We'll hold that public hearing.
09:19:16 We're a little ahead of time on public hearings.
09:19:18 We'll go back, see what we have here.
09:19:28 >>MIKE SUAREZ: Staff report from number 4 --
09:19:33 >>CHARLIE MIRANDA: That's till 10:00.
09:19:35 I tell you what we're going to do, since we're
09:19:37 doing so good, we're going to take a little break
09:19:40 till 9:30.
09:19:41 We stand in recess till 9:30.
09:19:44 [ RECESS ]
09:19:44 >>CHARLIE MIRANDA: City Council is called back in
09:33:06 Roll call?
09:33:07 [Roll Call]
09:33:09 >>MIKE SUAREZ: Here.
09:33:10 >>YVONNE CAPIN: Present.
09:33:11 >>FRANK REDDICK: Here.
09:33:15 >>HARRY COHEN: Here.
09:33:16 >>LISA MONTELIONE: Here.
09:33:17 >>CHARLIE MIRANDA: Here.
09:33:18 I do have a memorandum from Councilmember Mulhern
09:33:22 that advises she would not be able to attend
09:33:25 today's Council meeting.
09:33:26 I need motion to receive and file.
09:33:31 All in favor of the motion, please indicate by
09:33:33 saying aye.
09:33:33 The ayes have it unanimously.
09:33:34 Need to open items 36, 37 and 38.
09:33:40 >> So moved.
09:33:41 >> Second.
09:33:42 >>CHARLIE MIRANDA: I have a motion to open 36, 37,
09:33:44 and 38, motion by Mr. Suarez, second by Mr. Capin.
09:33:48 Further discussion by Councilmembers?
09:33:49 All in favor of the motion, signify by saying aye.
09:33:50 Opposed nay.
09:33:52 The ayes have it unanimously.
09:33:54 Item number 36, there is e-mail concerning this
09:34:01 They want it continued to May 15th.
09:34:03 Am I correct?
09:34:07 >> Good morning, Council, Abbye Feeley, Land
09:34:08 Development Coordination.
09:34:09 Item number 36, the site plans did not make it
09:34:13 into our offices for certification.
09:34:15 So I would ask that you please continue that to
09:34:18 May 15th.
09:34:20 >> Move to continue to May 15th.
09:34:23 >> Second.
09:34:23 >>CHARLIE MIRANDA: Motion to continue to May 15th
09:34:25 by Mr. Reddick, second by Mr. Suarez.
09:34:27 Anyone in the audience care to speak to the
09:34:29 continuation portion of item number 36?
09:34:32 I see no one.
09:34:34 It will be at 9:30 in the morning.
09:34:39 All in favor of the motion, please indicate by
09:34:42 saying aye.
09:34:43 Opposed nay.
09:34:44 The ayes have it unanimously.
09:34:45 Item number 37.
09:34:51 This ordinance, although it says here for second
09:34:53 reading, it's going to be back to first reading
09:34:56 Am I correct, clerk?
09:34:59 >>THE CLERK: You are.
09:35:00 >>CHARLIE MIRANDA: Okay.
09:35:00 Item number 37.
09:35:04 >> Thank you, Council.
09:35:05 Abbye Feeley, land development.
09:35:07 Item number 37, when I went to certify these site
09:35:10 plans on, for this case, there was a
09:35:14 miscalculation related to the green space.
09:35:15 They had down 12 units.
09:35:17 It should've been 13.
09:35:18 So the amount of green space should've been 4,550
09:35:22 square feet, being reduced to 955 square feet.
09:35:26 And then also, in the actual calculations, the
09:35:29 number of units needed to be changed from 12 to
09:35:32 And that amounts to the waiver needed to be
09:35:34 corrected and the site plan calculation needs to
09:35:36 be corrected on the plan.
09:35:38 Since the waiver was not accurate at first
09:35:41 reading, I would ask that you go ahead back to
09:35:43 first reading on this and motion with those
09:35:45 modifications so that you can hear second reading
09:35:47 on May 15th.
09:35:49 >>CHARLIE MIRANDA: Okay.
09:35:49 Then today is first reading.
09:35:52 Thank you.
09:35:52 Anyone in the audience care to speak on item
09:35:56 number 37?
09:35:57 >>ABBYE FEELEY: The applicant is present.
09:35:58 I have spoken to him and I believe he can first
09:36:01 >>CHARLIE MIRANDA: Is the applicant here?
09:36:02 Please come forward and just verify that that's
09:36:05 what you'd like done.
09:36:07 >> Good morning.
09:36:13 I'm Brent Balch, Old West Tampa, Old West mixed
09:36:17 use LLC.
09:36:21 That's fine.
09:36:21 We have 13 units and it was just noted on the plan
09:36:23 as 12.
09:36:24 We had a lot of back and forth during the design
09:36:26 We wound up with 13, so it was sort of last second
09:36:29 just oversight on the plan.
09:36:32 >>CHARLIE MIRANDA: That's the one on Howard and
09:36:34 >> Yes, sir.
09:36:35 >>CHARLIE MIRANDA: Okay.
09:36:35 Anyone in the audience care to speak on item
09:36:38 number 13?
09:36:39 I see no one.
09:36:40 Need a motion -- well, this is first reading.
09:36:49 I need to close the hearing.
09:36:50 Motion to close by Mr. Cohen, second by
09:36:52 Mr. Reddick.
09:36:53 Further discussion by Councilmembers?
09:36:54 All in favor of the motion to close, please
09:36:56 indicate by saying aye.
09:36:57 Opposed nay.
09:36:58 The ayes have it unanimously.
09:36:58 Mr. Suarez -- Mr. Reddick -- Mr. Suarez,
09:37:03 Mr. Reddick, Mr. Reddick, whoever gets to the mic
09:37:06 [ Laughter ]
09:37:08 >>MIKE SUAREZ: We just have to read it again on
09:37:10 first reading, correct?
09:37:12 >>CHARLIE MIRANDA: First reading, yes, sir.
09:37:14 >>MIKE SUAREZ: I present an ordinance for first
09:37:15 reading consideration, an ordinance rezoning
09:37:17 property in the general vicinity of 2004 North
09:37:20 Howard Avenue and 2301 and 2307 West Spruce Street
09:37:24 in the City of Tampa, Florida, and more
09:37:26 particularly described in section 1, from zoning
09:37:29 district classifications CI, commercial intensive,
09:37:32 and PD, planned development, residential,
09:37:35 single-family detached, to PD, planned
09:37:37 development, storefront residential, retail
09:37:39 office, providing an effective date and including
09:37:42 the changes as per staff's recommendations.
09:37:48 >>FRANK REDDICK: Second.
09:37:48 >>CHARLIE MIRANDA: I have a motion for first
09:37:49 reading by Mr. Suarez, I have a second by
09:37:51 Mr. Reddick.
09:37:53 Further discussion by Councilmembers?
09:37:53 All in favor of the motion, please indicate by
09:37:54 saying aye.
09:37:55 Opposed nay.
09:37:56 The ayes have it unanimously.
09:37:58 >> Motion carried with Mulhern being absent.
09:38:01 Second reading adoption will be held on May 15th,
09:38:04 2014 at 9:30 a.m.
09:38:07 >>CHARLIE MIRANDA: Okay.
09:38:08 Now, item 38 is set for 10:30.
09:38:14 We cannot hear it till 10:30.
09:38:16 So we go to -- we go to tape delay.
09:38:21 [ Laughter ]
09:38:22 >>CHARLIE MIRANDA: Anyone in the audience care to
09:38:25 address this Council on any items on the agenda or
09:38:29 off the agenda?
09:38:30 Yes, ma'am?
09:38:30 >> Thank you, Council.
09:38:32 Abbye Feeley, land development.
09:38:33 Since you have a moment, I'll take the
09:38:35 With me today is our newest urban planner in land
09:38:38 development, Ms. Mary Samaniego.
09:38:45 She came to us via Temple Terrace and is going to
09:38:46 start presenting to you on zoning and special use
09:38:47 We're so excited to have her.
09:38:49 I just wanted to take the opportunity to introduce
09:38:51 her to you.
09:38:52 >> Good morning, City Council, Mary Samaniego.
09:38:59 I'm been here almost two months.
09:39:01 As Abbye said, I should start presenting to you, I
09:39:04 believe next week.
09:39:05 >>CHARLIE MIRANDA: Temple Terrace.
09:39:06 We know where that's at.
09:39:08 Nice little community.
09:39:09 Big community.
09:39:10 >> It's small.
09:39:12 [ Laughter ]
09:39:12 >> I was trying to be real kind.
09:39:15 >> I know.
09:39:16 >>CHARLIE MIRANDA: Well, thank you.
09:39:19 >>LISA MONTELIONE: Previous Mayor used to say it's
09:39:20 the third largest city in the county.
09:39:22 >>CHARLIE MIRANDA: Thank for helping me out,
09:39:28 Ms. Montelione.
09:39:29 All right.
09:39:29 I appreciate your coming on board and hope we have
09:39:36 smooth sailing.
09:39:37 Thank you very much.
09:39:37 Anyone else?
09:39:38 Well, I can go in recess.
09:39:44 >> Mr. Chairman, we're having the item number 2
09:39:49 that was delayed.
09:39:49 Someone is coming over right now.
09:39:51 If you want to wait a few minutes.
09:39:53 If not, he'll come back at 10:00.
09:39:55 >>CHARLIE MIRANDA: Let's leave it at 10:00.
09:39:56 We got work to do.
09:39:58 That way I can go from that one directly to 10:30
09:40:01 and I don't have to another tape delay.
09:40:03 We stand in recess till 10:00.
09:40:05 [ RECESS ]
09:40:05 >>CHARLIE MIRANDA: City Council is called back in
10:02:32 Roll call?
10:02:33 [Roll Call]
10:02:35 >>MIKE SUAREZ: Here.
10:02:36 >>YVONNE CAPIN: Present.
10:02:37 >>FRANK REDDICK: Here.
10:02:39 >>HARRY COHEN: Here.
10:02:40 >>LISA MONTELIONE: Here.
10:02:41 >>CHARLIE MIRANDA: Here.
10:02:41 Okay, we go to item number 2.
10:02:47 >> Good morning.
10:02:50 Mike Schmid, assistant city attorney with the City
10:02:53 of Tampa.
10:02:53 With regards to item two, I'm here to discuss with
10:02:58 City Council the civil citation process and try to
10:03:02 provide some statistics and answers to questions
10:03:05 that were previously posed.
10:03:08 After I provide my presentation, Mr. Ernest
10:03:11 Mueller will come up and provide a presentation a
10:03:13 little bit more about the code process.
10:03:16 With regards to some of the questions previously
10:03:21 asked by City Council, I'll try to provide some
10:03:24 stats first.
10:03:25 And then after the statistics, I will tell you
10:03:28 what neighborhood enhancement services, Mr. Slater
10:03:31 and I, as well as others in neighborhood
10:03:34 enhancement services have discussed as far as a go
10:03:37 forward plan.
10:03:38 Which was another question that City Council had
10:03:41 First with regards to some statistics, I would
10:03:46 tell City Council that information we have tried,
10:03:51 neighborhood enhancement services, along with
10:03:53 others, have tried to provide the most accurate
10:03:55 statistics that we could gather in this short
10:03:59 period of time.
10:04:00 And I believe we have accurate statistics to
10:04:03 present to City Council.
10:04:04 But I'm passing like these statistics.
10:04:07 I didn't personally gather them.
10:04:08 Let me start with the fact that presently there
10:04:12 are 6,329 foreclosed properties currently appear
10:04:15 in the City of Tampa foreclosure registry.
10:04:18 According to RealtyTrac in March 2014,
10:04:23 foreclosure filings were 11 percent lower than the
10:04:26 previous month.
10:04:26 41% lower than the same time period last year.
10:04:29 According to RealtyTrac, there is 9878 homes in
10:04:38 2,449 for sale and 10,786 sold.
10:04:43 According to the office of state courts --
10:04:47 >>CHARLIE MIRANDA: Wait a second.
10:04:48 You're going.
10:04:50 >>LISA MONTELIONE: I'm trying to write these
10:04:51 numbers down, Mike.
10:04:53 >> I'll slow down.
10:04:54 I apologize.
10:04:57 >>LISA MONTELIONE: 6,429 foreclosures that are
10:05:00 listed on RealtyTrac?
10:05:02 >> No, I'm sorry.
10:05:03 There's basically 6,329 that are properties that
10:05:07 are currently on the foreclosure registry, with
10:05:10 the City of Tampa.
10:05:11 There was then a search done of RealtyTrac.
10:05:19 >>LISA MONTELIONE: RealtyTrac.
10:05:21 >> RealtyTrac.
10:05:22 I apologize.
10:05:23 >>LISA MONTELIONE: Reality and realty.
10:05:25 >> We get confused with reality track sometimes
10:05:29 >> Sometimes I need a reality track.
10:05:32 According to RealtyTrac, on March 2014,
10:05:35 foreclosure filings were 11% lower than the
10:05:39 previous month.
10:05:40 And also according to this, 41% lower than the
10:05:48 same time period last year.
10:05:52 >> That's good news.
10:05:54 >> RealtyTrac reports that there is 9878 homes
10:06:03 in foreclosure.
10:06:05 2449 are for sale.
10:06:10 10,786 sold.
10:06:14 Now, for the entire circuit, the 13th circuit or
10:06:20 Hillsborough County, the office of state courts
10:06:24 reports that there are 16,016 open pending
10:06:28 foreclosure cases in this circuit, this county.
10:06:31 There was a question it appeared about whether or
10:06:52 not the foreclosure registry, nonfinancial
10:06:55 institutions versus bank-owned institutions.
10:06:59 According to our search of the foreclosure
10:07:03 registry, nonfinancial institution-owned
10:07:06 properties that are the either in or have been
10:07:09 closed as mortgage foreclosure cases are less than
10:07:13 one percent of the total foreclosure cases.
10:07:15 That would mean the other 99% are financial
10:07:20 To provide another stat, on foreclosures.
10:07:26 In 2013, just the year 2013 --
10:07:33 >>CHARLIE MIRANDA: Ms. Capin, just a second.
10:07:35 >>YVONNE CAPIN: Just for clarification.
10:07:39 We have, I see everybody writing and I wrote,
10:07:43 started to write some and I thought well, can't we
10:07:46 just have that delivered to us?
10:07:49 What you have there?
10:07:51 So that we can have the copy.
10:07:54 >> Yes.
10:07:56 >>YVONNE CAPIN: Thank you.
10:07:57 >> And I can provide, I can provide this next one
10:08:09 Bank foreclosures in 2013.
10:08:14 Now, this is with regards to our foreclosure
10:08:19 So just the year 2013, new cases in the
10:08:23 foreclosure registry.
10:08:25 Earlier I said that there were 6,000 foreclosed
10:08:28 properties currently on the registry for the
10:08:30 foreclosure registry.
10:08:31 In the year 2013, there were 1573 new bank
10:08:39 foreclosures that were opened in the foreclosure
10:08:42 We then analyzed how many of those cases opened in
10:08:50 2013 that were new were cases that got cited for
10:08:58 civil citation violations, that actually went all
10:09:00 the way to a violation process citation.
10:09:07 Which according to the math is .089%, roughly, a
10:09:12 little less than one percent of the cases that
10:09:16 were new in 2013 on the foreclosure registry,
10:09:20 approximately one percent of those cases got cited
10:09:26 subsequent to their being registered.
10:09:28 In order to help provide Council with an
10:09:48 understanding of the civil citation snapshot
10:09:53 results that we're seeing, we have tried to
10:09:57 analyze statistics for a given month that we
10:10:01 thought would be representative of a typical
10:10:04 So, I'll do this in two ways.
10:10:07 First I'll provide you January 2014, an analysis
10:10:12 of the citations that are issued.
10:10:16 And then in January 2014, when we go to court, a
10:10:20 breakdown of the cases that we were seeing in
10:10:25 Hopefully this will provide some clarification.
10:10:28 In January 2014, neighborhood enhancement services
10:10:32 issued 128 citations.
10:10:35 Now, because property can get multiple citations,
10:10:40 that resulted in 87 properties being cited, with a
10:10:44 total of 128 citations.
10:10:46 So of these 87 properties that wound up actually
10:10:50 getting cited, I would remind City Council that
10:10:53 previously Mr. Slater as well as myself and I
10:10:57 think maybe others had provided City Council with
10:10:59 the fact that approximately 85% of properties,
10:11:03 once they're noticed, comply before the citation
10:11:07 So what we're looking at now is only that
10:11:10 remaining 15% of cases that get cited with a civil
10:11:17 Of those 87 cases in January, 12 of the cases paid
10:11:26 prior to the court hearing.
10:11:27 So they didn't actually get set for a court date.
10:11:31 That means the remaining cases were set.
10:11:33 21 of the cases of the 87 were listed on the
10:11:39 foreclosure registry.
10:11:40 That's roughly 24%.
10:11:43 Three of the cases were not listed on the
10:11:47 foreclosure registry, but going back, we have
10:11:50 identified that they had a lis pendens at the time
10:11:54 of the citation or notice.
10:11:56 So, they should've been on the foreclosure
10:11:59 That's roughly five percent.
10:12:00 Now, because those were citations issued in
10:12:06 January, that doesn't tell us what is typically
10:12:11 going to happen with those cases when they come to
10:12:13 So what we did, we took January 2014 court hearing
10:12:16 and analyzed that as well.
10:12:18 So when we went to court in January 2014, there
10:12:22 were 121 citations.
10:12:25 Which covered 91 properties.
10:12:27 22 of these cases were on the foreclosure
10:12:33 24%, which is consistent with the earlier
10:12:37 statistics I gave you for citations.
10:12:40 Seven of the civil case has some sort of
10:12:42 foreclosure status lis pendens but were not on the
10:12:45 foreclosure registry.
10:12:47 13 of the civil cases were issued to banks, which
10:12:52 is approximately 14%.
10:12:54 And of all these cases that were present, the 91
10:13:00 cases, 24 of the cases appeared, which is
10:13:04 approximately 26%.
10:13:07 The remaining cases, there was nobody who
10:13:10 Which means a default order got entered by the
10:13:14 >>CHARLIE MIRANDA: May I make a suggestion?
10:13:27 And I appreciate the comments that you're saying
10:13:31 and the -- but the vast numbers, as Ms. Capin said
10:13:35 earlier, there are so many of them.
10:13:37 You went from 87 in foreclosure and then you came
10:13:39 back with 91.
10:13:40 And 2014 of 14 the year '14, and I understand what
10:13:48 you're saying to so degree.
10:13:50 But I can't comprehend all of it because they
10:13:54 fluctuate so much that you need a document to look
10:13:57 at to follow you.
10:14:00 Although you're accurate, it's hard for us to
10:14:02 understand what you're putting into our mind
10:14:05 because of the complexity of the issue and prior
10:14:09 to the registry, during the registry, in
10:14:12 foreclosure, cited 87, but 120 some citations,
10:14:16 there came originally from the 87 houses and all
10:14:19 that it's very hard to -- it's worse than bolita,
10:14:24 I'm not trying to make fun of it, but it's very
10:14:27 hard for us to understand.
10:14:28 And I know this is important to you and to
10:14:31 Mr. Slater and his department and to us, certainly
10:14:33 and to the Mayor's office.
10:14:34 Is there any way that we could get this put into a
10:14:40 format through the computer system or something,
10:14:42 that would give us all an understanding of what it
10:14:46 I'm not saying to stop this.
10:14:48 I'm saying to continue, but give us time to
10:14:51 receive this information and digest it so we could
10:14:55 have a dialogue back and forth.
10:14:57 That's all I'm saying.
10:14:58 >> Yes, sir.
10:14:59 I certainly think we can provide you with the
10:15:03 statistics I just stated.
10:15:06 As far as understanding them, I understand that
10:15:11 that's a lot.
10:15:15 I can -- I was going to go into my sort of
10:15:19 interpretation of this for you.
10:15:20 And after I provide you with the statistics, I
10:15:24 guess if there is, if we need follow-up, I'll be
10:15:27 happy to provide that.
10:15:28 >>CHARLIE MIRANDA: And that's fine.
10:15:29 Because after that, you're giving us so much
10:15:32 information that, it would be difficult for myself
10:15:36 and I guess others to ask questions that are
10:15:39 pertinent because you got so much information that
10:15:42 it's going to be hard for us to come up with
10:15:47 >>YVONNE CAPIN: Would it be very difficult to just
10:15:50 copy what you just gave news make a quick copy and
10:15:52 give it to us?
10:15:53 And that way we'd have it right now.
10:15:57 >>FRANK REDDICK: Mr. Chair.
10:16:02 >>CHARLIE MIRANDA: Mr. Reddick?
10:16:03 >>FRANK REDDICK: I agree with what you was saying.
10:16:07 And it seemed like it would have a whole lot of
10:16:09 information that we can utilize, but I think in
10:16:13 all fairness, even if we received this today,
10:16:17 we're trying to interpret this information, you
10:16:21 know, I don't want to miss out on this
10:16:23 I'm just wondering, could we have him to submit
10:16:27 this, these documentation to us?
10:16:30 He can put in it a spreadsheet, present it to us.
10:16:32 And we have this rescheduled at another date?
10:16:37 >>CHARLIE MIRANDA: I agree with that.
10:16:39 >>LISA MONTELIONE: I agree with that too.
10:16:41 But I think maybe if we go on to E and F of the
10:16:48 motion, because E is just a list of cities in the
10:16:50 state that are already using hard cost liens
10:16:53 So I'm sure that's not, you know, heavily, you
10:16:58 know, in -- heavy in the numbers area.
10:17:02 And then the possibility, letter F, the
10:17:05 possibility of the city considering the use of
10:17:08 I think those are questions that we can hear the
10:17:13 information on now.
10:17:15 >>FRANK REDDICK: I agree with you.
10:17:16 I would like to be fair to the gentleman and I
10:17:19 mean, we can bring him back May 15th, or give him
10:17:26 enough time.
10:17:28 >>LISA MONTELIONE: Sure.
10:17:28 I'd just like to hear E and F.
10:17:34 >>MIKE SUAREZ: In addition, in terms of the
10:17:36 information we're receiving, you've cited a lot of
10:17:39 different sources in relation to these numbers.
10:17:40 I want to make sure that when we're looking at raw
10:17:44 numbers, we need to make sure what all these
10:17:46 numbers actually mean.
10:17:47 So, when you cited on foreclosures at 16,000 by
10:17:51 the clerk's office, you know, where are we at in
10:17:54 terms of our process and what it kind of drills
10:17:57 down to?
10:17:58 I mean, we can throw out a raw number that doesn't
10:18:00 really mean a lot to us until we understand where
10:18:03 it's at in the process.
10:18:04 So, for me, I think that, you know, when we look
10:18:09 at RealtyTrac, how does RealtyTrac decide what
10:18:12 gets, you know, quote-unquote, foreclosed or
10:18:16 where's that process at?
10:18:17 Is it just when they get the foreclosure notice,
10:18:20 is it when they get a court order?
10:18:23 When they've appeared or didn't appear at court?
10:18:24 I mean, a lot of those things have to be worked
10:18:27 So I agree with my colleagues about having this
10:18:30 for May 15th because I think that the raw numbers
10:18:34 themselves are okay, but it doesn't really tell us
10:18:37 a true story.
10:18:38 We need to be able to figure outs what that true
10:18:40 story is and in a digits figure out how it relates
10:18:44 towels in code enforcement and how we can help
10:18:47 code enforcement better do their jobs.
10:18:50 It's just more numbers to look at.
10:18:51 Doesn't mean we're actually getting anything done.
10:18:53 We don't want to do that here.
10:18:55 We want to get those numbers accurate and figure
10:18:57 out what we're doing so we can give the tools
10:19:00 necessary to the code enforcement to do their job.
10:19:02 So if it means a specific motion, I would motion
10:19:08 that, that you come back on May 15th, that those
10:19:14 numbers are explained as to what that is within
10:19:18 our own process.
10:19:20 And how it affects us, because I think that we
10:19:24 need to have more.
10:19:27 >>FRANK REDDICK: Well, I think we need to see if
10:19:28 May 15th is fair enough with him.
10:19:32 >>MIKE SUAREZ: I agree, Mr. Reddick.
10:19:34 Is May 15th an okay date for you?
10:19:38 >> That's a Thursday, correct?
10:19:42 >>MIKE SUAREZ: It better be a Thursday or we're
10:19:43 all in trouble.
10:19:44 [ Laughter ]
10:19:45 >> Yes, May 15th.
10:19:46 >>CHARLIE MIRANDA: Unless you have the power to
10:19:48 change the calendar.
10:19:48 [ Laughter ]
10:19:51 >>MIKE SUAREZ: Two weeks from today.
10:19:53 >> Yes, sir, May 15th would be fine.
10:19:56 As far as the second question about what it all
10:19:57 means, that was sort of what I was, and maybe I
10:20:00 presented this in a way that was overwhelming.
10:20:04 And for that I apologize, just throwing out all
10:20:07 the statistics here.
10:20:08 But the motion was sort of, the way it got
10:20:11 transcribed was a broad motion.
10:20:15 >>MIKE SUAREZ: I'll try and solidify it a little
10:20:18 bit better for you and the clerk.
10:20:20 I know she's very good at making sure, if we
10:20:23 screwed up, she will tell us.
10:20:25 I want a narrow definition of what those numbers
10:20:29 IE, that when we look at RealtyTrac numbers,
10:20:33 what is it that we're looking at?
10:20:35 Is it foreclosure at the beginning of the process,
10:20:37 at the end of the process?
10:20:39 You know, I think that we need to know a little
10:20:41 bit more.
10:20:44 >>HARRY COHEN: I think what Councilman Suarez is
10:20:47 asking is this.
10:20:47 What does it mean for a case to be open?
10:20:49 What does that mean?
10:20:51 >>MIKE SUAREZ: And Mr. Cohen, I will say, you're
10:20:53 But it means something different at each one of
10:20:55 those numbers.
10:20:55 So, that's what I'm trying to distill, because if
10:20:59 we see a bunch of numbers that say X and actually
10:21:03 it's not X, it's Y or Z or something else, we're
10:21:07 not going to know that just by looking at the
10:21:09 I'd rather have an explanation of what those
10:21:11 numbers are and I think you can go to RealtyTrac
10:21:14 fairly easily and find out what is this?
10:21:16 Is this the beginning of the process when you say
10:21:19 quote-unquote foreclosures?
10:21:20 Same thing when we look at the numbers from the
10:21:24 Same thing when we look at the numbers from any
10:21:26 other source.
10:21:26 We need to make sure we are looking at the same
10:21:28 numbers because when you say 87% of the cases have
10:21:31 been either, you know, no one showed up or
10:21:35 whatever, is that 87% of the larger number?
10:21:38 Is it 87% of -- so, you see what I'm saying?
10:21:41 Not having the numbers in front of us, we're
10:21:43 trying to distill everything and we're not getting
10:21:47 a real good feel for them right now.
10:21:49 >> It was sort of a -- last time I was here, I was
10:21:53 narrowly speaking on the civil citation process.
10:21:56 But when the motion was presented, it sort of --
10:22:01 it asked for the number of foreclosed properties,
10:22:04 which I was trying to make two things tie
10:22:07 So, I was trying to give you the overall number of
10:22:09 foreclosed properties and then take it down to how
10:22:13 that plays in with regards to civil citation
10:22:16 So the -- what we were trying to do is show City
10:22:23 Council that how many of foreclosed cases wind up
10:22:27 getting cited with civil citations.
10:22:30 And that was the one percent number I provided
10:22:32 >>CHARLIE MIRANDA: We understand that.
10:22:36 >>MIKE SUAREZ: Again, don't confuse what you have
10:22:38 provided to us from a former motion to confuse you
10:22:42 as to what we actually want.
10:22:44 I know that that by its nature is confusing.
10:22:47 But nonetheless, we have to really distill what
10:22:52 those numbers mean to us.
10:22:53 And you know, you've gathered them, so we need to
10:22:57 make sure that you give us that information so we
10:22:59 know what the hell we're talking about.
10:23:03 >>YVONNE CAPIN: Really.
10:23:04 [ Laughter ]
10:23:04 >>CHARLIE MIRANDA: Tell us how you really feel.
10:23:07 >>MIKE SUAREZ: So, clerk, did you get that motion?
10:23:09 Does it have any clarity whatsoever?
10:23:11 Because I'm not even sure it has any clarity.
10:23:14 >>FRANK REDDICK: I second the motion.
10:23:16 >>MIKE SUAREZ: You second the motion of something
10:23:17 that makes no sense to anybody.
10:23:19 >>CHARLIE MIRANDA: Let me try Ms. Capin.
10:23:22 >>YVONNE CAPIN: I do believe you were about to
10:23:25 interpret those numbers.
10:23:28 That's why I asked for a copy of the numbers, so
10:23:31 that when you went into the interpretation, we
10:23:33 could follow all those numbers that you had given
10:23:37 us before.
10:23:37 But we do not have that in front of us, so your
10:23:41 interpretation would be lost at this point.
10:23:43 And that's -- at least that's my feeling.
10:23:47 That we need to have that in front of us so that
10:23:51 we could follow the interpretation of all those
10:23:54 In relationship to the code enforcement.
10:23:58 So, I agree that we should -- motion was second.
10:24:05 >>MIKE SUAREZ: I'll try one more time.
10:24:07 May 15th meeting -- excuse me, report to include
10:24:13 an interpretation of all the numbers that were
10:24:15 presented to us today, concerning foreclosures and
10:24:20 code enforcement.
10:24:24 >>CHARLIE MIRANDA: And that way -- do you
10:24:26 understand what we're trying to get at?
10:24:28 >> Yes, sir.
10:24:28 >>CHARLIE MIRANDA: In other words, so many of
10:24:30 these, how did they get there?
10:24:31 What does that mean?
10:24:32 How many were sold?
10:24:33 How many are left?
10:24:35 How many -- all that kind of stuff.
10:24:37 And it's got to balance somewhere.
10:24:41 >> I think we understand.
10:24:42 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez,
10:24:44 I have a second by Mr. Reddick.
10:24:46 Further discussion on that motion?
10:24:47 All in favor of the motion, please indicate by
10:24:49 saying aye.
10:24:49 Opposed nay.
10:24:52 The ayes have it unanimously.
10:24:52 Okay, we go now to Ms. Montelione suggested, to E
10:24:56 and F.
10:25:00 >> We'll let Mr. Mueller discuss these issues.
10:25:14 >> Earnest Mueller, assistant city attorney.
10:25:21 Well, I think E is a referring to at least the way
10:25:24 I took it as the ability of us, the city's looking
10:25:27 into the idea of our hard cost liens are those,
10:25:31 those liens that result from the city going out
10:25:33 and having to do work on property.
10:25:35 Mow it, demolish it, a structure on there, secure,
10:25:41 that type of thing.
10:25:42 About putting that on the actual tax, on the
10:25:47 property taxes.
10:25:50 >>CHARLIE MIRANDA: This is the cities.
10:25:52 You know any other cities doing this?
10:25:54 >> We have a list of cities that use a special
10:26:00 assessment process that we have been advised is
10:26:03 similar to this.
10:26:04 The largest one being, looks like Miami.
10:26:09 We have been trying to hone in on this a bit.
10:26:15 We're not sure everybody is using the tax deed
10:26:17 process or the non-ad valorem assessment, so we're
10:26:22 trying to follow up on all that.
10:26:24 But these were the ones we were able to identify
10:26:26 prior to today with Miami being the, really the
10:26:31 largest city, one most comparable to us.
10:26:34 But we'd like to investigate that more, but the
10:26:43 city is still investigating the idea of using this
10:26:48 There was a while back I told you there was a
10:26:52 senate bill and house bill that was going through
10:26:54 that would actually be very clear about the
10:26:57 ability to do this, this type of non-ad valorem
10:27:02 Those died in committee.
10:27:03 We're going to keep following through on that.
10:27:05 But we're trying to follow through on these other
10:27:08 cities to see if they're doing it.
10:27:10 We want to be sure if we go ahead and do it, that
10:27:12 we're not going to have any ramifications that are
10:27:14 going to come back on us.
10:27:16 It's not an exactly clear subject.
10:27:18 We very much would like to go forward with this
10:27:21 route if we can.
10:27:22 But we are going to proceed cautiously.
10:27:24 >>CHARLIE MIRANDA: Mr. Cohen?
10:27:25 >>HARRY COHEN: So where does that leave us?
10:27:27 >> Leaves us still as we're looking into it with
10:27:29 the hope of being able to do it.
10:27:31 But like I said, we want to be sure that we can
10:27:34 proceed, that we feel confident going forward.
10:27:38 >>HARRY COHEN: So how long would it take us to
10:27:40 satisfy ourselves that we have the ability to do
10:27:41 it and can proceed?
10:27:43 Because this is the thing.
10:27:45 Much all the things we have talked about doing in
10:27:48 terms of code enforcement, this is the one thing
10:27:50 that we have zeroed in on that we thought was
10:27:53 really a new, a new approach that we could take to
10:27:58 recapturing some of this money that the city
10:28:03 And I was under the impression that while we
10:28:08 couldn't collect fines in this manner, we can go
10:28:14 after hard costs.
10:28:16 You're saying it's not entirely clear that we can
10:28:18 do it, but there are other cities that are doing
10:28:21 >> That are doing different types and we think
10:28:23 that are similar to this, yes.
10:28:25 But, hmm -- in most of them have been smaller
10:28:30 But, those that have-
10:28:36 >>HARRY COHEN: Miami, Hialeah, West Palm Beach,
10:28:38 those are substantial size cities.
10:28:40 >> But, here's one city that did it and is running
10:28:45 into problems with the tax collector.
10:28:47 So it isn't an easy process.
10:28:49 I was hoping that senate bill, senate bill 1038
10:28:56 and house bill 727, which we're going through and
10:28:59 were actually relating to chronic nuisance service
10:29:05 assessments going on to tax bill, would've gone
10:29:07 through, clarified it and made our life very easy
10:29:10 to move forward.
10:29:11 But since they seem to have died in committee, it
10:29:13 doesn't look like they're going to make it out
10:29:15 I think today is the last day.
10:29:17 That we're just, we're still going to proceed.
10:29:21 We have been in contact with some outside counsel
10:29:24 about trying to proceed.
10:29:25 But, I'm waiting, you know, as an administration
10:29:28 moving forward.
10:29:29 >>HARRY COHEN: What does proceed mean?
10:29:31 I don't even understand what that means.
10:29:33 >> Well, if you're to follow a non-ad valorem
10:29:36 process, it means we would have to come to you
10:29:39 with a resolution -- an ordinance, it would say
10:29:42 we're going to start using this process.
10:29:45 And then every year you would have another --
10:29:50 every year you would actually like certify these
10:29:54 They would have to be collected through the years,
10:29:56 throughout the year that are not paid.
10:29:58 Then they would be assessed in September,
10:30:01 certified and sent over to the tax collector.
10:30:03 It's not an easy process.
10:30:05 We have some deadlines that have to be made.
10:30:09 There's going to be costs involved.
10:30:11 I'm just waiting to hear to proceed.
10:30:13 >>HARRY COHEN: So if we ask you to proceed, you
10:30:15 will construct an ordinance to put in place, that
10:30:18 type of process?
10:30:22 >> I'll let Sam address that.
10:30:25 >>SAL TERRITO: We will proceed to make sure this
10:30:27 is valid.
10:30:27 And the reason we're look being at it, as you know
10:30:30 as well as anyone, when you have something that
10:30:32 you're trying to do that's untested, then it goes
10:30:35 to the legislature and they turn it down, there
10:30:37 are doubts sometimes that arise.
10:30:39 We want to make sure when we move forward, we can
10:30:41 do this because we don't want to collect funds or
10:30:43 put fines, or put costs on someone's tax bill and
10:30:47 we find out that we couldn't have done that and
10:30:49 have to make refunds on that we're looking at
10:30:51 those issues.
10:30:51 This is going to be no differ than the other four
10:30:54 special assessments you're doing now.
10:30:57 We come back to you in September and basically
10:30:59 asking you if this passes, and if you agree that
10:31:02 this is what you want to do, it will probably be
10:31:04 sometime next year.
10:31:06 We have to get it done before December of this
10:31:08 It requires four advertisements.
10:31:11 The same way you'd assess, you'd create any new
10:31:14 There are certain procedures you have to go
10:31:16 But first with the legal department trying to do
10:31:18 and we have outside counsel looking at this
10:31:20 because they deal with these issues more than we
10:31:22 do, to make sure it's valid to do it.
10:31:24 If so, then we'll come back before you and make a
10:31:27 recommendation that you pass an ordinance to go
10:31:29 forward with this special assessment for this
10:31:32 Then we'll put it on the tax rolls next year.
10:31:35 >>HARRY COHEN: Thank you, Mr. Territo, for that
10:31:38 How long -- this is my final question.
10:31:40 How long do you think it would take for you to
10:31:43 come back to us with an answer regarding the
10:31:48 questions that you raised?
10:31:50 >>SAL TERRITO: If -- what the research is going on
10:31:52 now, I'm not involved with that, but if it's going
10:31:55 to be done, it has to be done before December 31st
10:31:58 of this year.
10:31:59 The entire process has to be in place before
10:32:01 December 31st of this year in order to go on the
10:32:03 tax bills next year.
10:32:06 >>HARRY COHEN: Okay.
10:32:06 >>CHARLIE MIRANDA: Ms. Montelione, and then
10:32:08 Mr. Suarez.
10:32:09 >>LISA MONTELIONE: Thank you, sir.
10:32:11 I may be reading between the lines here, but it
10:32:14 seems as if we hesitated to actually do any heavy
10:32:23 lifting with the research and the establishment of
10:32:28 the process because we were waiting to see what
10:32:32 the legislature was going to do.
10:32:33 Now, I don't see that changing between now and
10:32:38 If we are waiting to see, we don't want to move
10:32:41 forward because we don't want to collect fines, we
10:32:43 don't -- I'm sorry, we don't want to levy liens,
10:32:46 we don't want to do any of this because of, you
10:32:50 know, legislature stepping in and then we have to
10:32:53 refund money or undo the process, we're always
10:32:58 going to be in this situation because then the
10:33:01 next legislative session is going to happen and
10:33:06 we're still going to be in this precarious
10:33:09 So either we do it or we don't.
10:33:11 And we let the legislature move at the pace that
10:33:15 they move at.
10:33:16 I know from experience from others who have dealt
10:33:21 with the legislature far longer than I, that bills
10:33:24 take sometimes two or three sessions to actually
10:33:29 meet the light of day and get out of committee and
10:33:32 become law.
10:33:33 So, I mean, they could be talking about this for
10:33:36 another two years before anything happens.
10:33:39 I don't want us to be handcuffed in proceeding
10:33:47 forward with what we want to do because we're
10:33:51 waiting on the legislature to make up their minds
10:33:53 and, you know, perhaps, you know, pass some bill
10:33:57 in regard to this issue.
10:33:59 Another thing comes to mind in that, you know, the
10:34:03 list of cities was quite long, as Mr. Cohen
10:34:06 pointed out.
10:34:07 Several of them were quite large.
10:34:08 As a matter of fact, I think the first two were
10:34:10 actually counties and not cities.
10:34:12 So, if, you know, the question that was part of
10:34:16 the motion was how many cities were doing this,
10:34:19 maybe I or we should've been more specific and
10:34:22 said for how long have they been doing it?
10:34:24 And, you know, because I don't like reinventing
10:34:28 the wheel.
10:34:28 If somebody has something that has been on the
10:34:30 books for quite sometime, it's gone unchallenged,
10:34:33 let's move forward and do it.
10:34:35 I don't think, you know, at then point if, if
10:34:41 those are the cities that emerged and the counties
10:34:44 that emerged that have this process, that we would
10:34:48 be behind the eight ball.
10:34:51 And League of Cities probably could provide very
10:34:54 good information on this and so many of those
10:34:57 cities have representatives who probably also
10:35:02 checked with the League of Cities.
10:35:04 And you know, we get requests to contact our
10:35:10 legislators for various reasons to either help
10:35:13 pass or kill a bill that's good for the city, by
10:35:17 the League of Cities.
10:35:18 I know I get probably daily e-mails, since the
10:35:22 special started, and I, since we have had this as
10:35:26 an agenda item and we have been talking about it,
10:35:28 I think maybe somebody should've reached out to us
10:35:31 to say the subject that you're interested is in
10:35:34 committee, you might want to pick up the phone and
10:35:36 call the committee members and talk to them about
10:35:39 this bill.
10:35:39 Or, you know, senate and the house bills.
10:35:43 That might have been information that really
10:35:46 would've been appreciated for legal to give to us
10:35:49 so that we could discuss the matter with the folks
10:35:53 who sit on those committees.
10:35:55 Or again, get the League of Cities involved.
10:35:57 So, you know, I'm kind of disappointed that we
10:36:02 have been talking about this for so long and we
10:36:04 have, we asked for all of this information.
10:36:07 We asked for a conversation and discussion, but we
10:36:10 don't -- we're no further now than we were
10:36:14 probably six months ago when it came up.
10:36:16 >> I think you are further along and I know
10:36:20 there's a frustration here.
10:36:21 But as you know, any time something new is being
10:36:24 done and there's no clear --
10:36:26 >>LISA MONTELIONE: All -- I'm sorry, Mr. Territo
10:36:28 for interrupting, but if all those cities have
10:36:32 something similar, doesn't seem all that new to
10:36:34 >> It's new in the sense it has not been tried
10:36:37 We had noise ordinances that have been found to be
10:36:40 We want to make sure what we're doing is correct.
10:36:42 There are cities that are doing this, which gives
10:36:44 us some optimism that we can go forward with this
10:36:48 what's giving us some because right now is the
10:36:51 legislator was asked to clarify that and they
10:36:53 shows not to.
10:36:54 That brings some doubt into the process.
10:36:56 That's why we're using outside counsel who can
10:36:58 look at these and determine for us, may we move
10:37:01 You'll have an answer sometime this year.
10:37:03 Know that's a long time.
10:37:04 But you'll have to have an answer by December,
10:37:06 otherwise it's not going anywhere.
10:37:08 So this legal department will be coming back to
10:37:10 you and tell you we think this is something we can
10:37:13 move forward with, we feel comfortable moving
10:37:15 We think if you want to go forward with this,
10:37:17 let's start the process for the special
10:37:20 Or we'll come back and say there were serious
10:37:23 doubts, that this is a valid way of doing it
10:37:25 because there are challenges now, as you already
10:37:27 heard that some of the tax assessors and tax
10:37:30 collectors are raising some questions.
10:37:33 They have some doubts.
10:37:33 I'm not sure we'll have that problem here.
10:37:35 So you'll have an answer sometime this year
10:37:37 because you have to have an answer sometime this
10:37:40 It will be either we think we can move forward or
10:37:42 we think we couldn't move forward.
10:37:45 It hasn't been like this has been a waste of time.
10:37:47 I know there's been a frustration out there.
10:37:49 >>LISA MONTELIONE: Can you tell?
10:37:52 >>CHARLIE MIRANDA: Mr. Suarez?
10:37:53 >>MIKE SUAREZ: Thank you.
10:37:54 I don't know if this might be for Mr. Mueller or
10:37:57 Mr. Territo.
10:37:58 You know, you mentioned quite few cities and
10:38:01 counties that are doing this now.
10:38:03 You haven't really told us what the challenges are
10:38:05 or what's going on.
10:38:06 You mentioned Holly Hill.
10:38:08 And I think Holly Hill is in Broward County?
10:38:10 >> Daytona.
10:38:12 >> Oh, it's Daytona.
10:38:14 So in Volusia County.
10:38:14 And that they're suing the Volusia County
10:38:16 appraiser's office, if I read your quick blurb.
10:38:23 I think it was the appraiser's office, am I
10:38:28 >> Yes.
10:38:30 >>MIKE SUAREZ: Okay.
10:38:30 Obviously, you must have looked to see what are
10:38:33 the legal challenges here?
10:38:34 Because if they're saying that our ordinance, and
10:38:37 I know Holly Hill must have a terrific legal
10:38:43 department not to say anything about ours.
10:38:45 But, how is it that they're suing Holly Hill and
10:38:48 we're waiting to find out what everything is
10:38:50 Because I mean Holly Hill must have a large legal
10:38:53 department that they're able to sue the property
10:38:55 appraiser's office.
10:38:56 Now, maybe I'm incorrect.
10:38:58 >> Let me explain a little bit why we're having
10:39:01 kind of the --
10:39:03 >>MIKE SUAREZ: Let me interpret before you start.
10:39:06 Hang on a second.
10:39:07 The reason I said it that way is that someone is
10:39:09 doing something somewhere.
10:39:10 We are not.
10:39:11 Someone has a legal theory that we do not.
10:39:15 We have looked at this several different ways.
10:39:18 And we haven't come up with either the same legal
10:39:20 theory or a separate legal theory in order for us
10:39:23 to do that.
10:39:23 If the bottleneck is at the appraiser's office,
10:39:26 then we should look at that.
10:39:28 If it's at the tax collector's office, we should
10:39:30 look at that.
10:39:31 My point is that we're asking for information to
10:39:34 us so we know what to do.
10:39:36 And I don't see that we're getting much
10:39:38 information at all.
10:39:39 And you know, again, Mr. Mueller, it's not a
10:39:41 reflection on you, it's just I think there's a
10:39:44 hesitancy on the legal department's part that how
10:39:47 is it that all these other cities are doing
10:39:50 A city as, I won't even call a city, probably a
10:39:54 township as small as Holly Hill is taking on the
10:39:57 Volusia County appraiser's office, what is it that
10:39:59 they're doing that they are almost 100% certain
10:40:02 that they're right on?
10:40:04 I mean warnings is it that we're missing here?
10:40:08 >> Normally, the assessment process, special
10:40:10 assessment non-ad valorem is an example might be
10:40:13 the sidewalks, where you're putting in a facility,
10:40:18 some infrastructure that's going to benefit a
10:40:20 particular area, part of town, a community, and
10:40:24 then that cost is going to be spread uniformly
10:40:28 among everybody that benefits.
10:40:30 So you create that special taxing district.
10:40:33 All right.
10:40:34 And that's the way the non-ad valorem normally
10:40:37 What we have here is we are trying to, what we
10:40:41 want to be able to implement here is not what's
10:40:44 going to be uniformly applied to all the
10:40:46 properties, but only to those we have to go on and
10:40:50 actually do abatement, do work on.
10:40:53 That's where the problem's at.
10:40:55 >>MIKE SUAREZ: Let me interrupt you for just a
10:40:57 The property appraiser uses specific tax
10:41:01 assessments that gives them, you know, either a
10:41:05 homestead exemption, it's an exemption because
10:41:09 they're veterans, an exemption because they're
10:41:12 That's done all the time.
10:41:13 So, that's being treated unfairly based on a
10:41:16 particular law that's passed by the state.
10:41:18 You mean to tell me that as an ordinance, we can't
10:41:21 pass an ordinance that allows us to do that?
10:41:23 And again, I mean, I think we're talking about the
10:41:26 same thing.
10:41:27 And I don't think that you guys -- please, correct
10:41:31 me if I'm wrong, you haven't given us a reason why
10:41:34 any of these things have not been looked at.
10:41:36 You're not giving us any specifics.
10:41:38 And I don't understand why not.
10:41:39 That's where I think me hand my colleagues are all
10:41:42 wondering, why don't we have any specifics?
10:41:44 You're telling us what the process is.
10:41:46 We already knew the process six months ago.
10:41:48 You know, and again, I'm not trying to belabor
10:41:51 this point.
10:41:52 But it does seem a little bit strange that you've
10:41:55 presented -- you've done the research.
10:41:57 A lot of places doing it.
10:41:59 But you haven't told us why some are more
10:42:01 successful than others.
10:42:02 We waited for the legislature.
10:42:03 We can't wait for the legislature all the time on
10:42:05 these issues.
10:42:06 I mean...
10:42:07 >> We're here to protect your interest.
10:42:08 I'm going to be very frank.
10:42:10 We try to not do these things in public but I'm
10:42:12 going to be very Frank with you.
10:42:14 We have serious doubts that this can go forward.
10:42:16 And we're telling you we'd like --
10:42:18 >>MIKE SUAREZ: Mr. Territo, what are the doubts?
10:42:21 >> This is a process that has not been tested.
10:42:23 This is a process that is going to bring people
10:42:26 individually rather than a blanket.
10:42:27 A special assessment, as Mr. Mueller explained to
10:42:30 you, is designed specifically to give benefits to
10:42:32 people in a certain location.
10:42:34 The people that are benefiting here, this is the
10:42:39 Individuals are going to be have an assessment put
10:42:41 on their property that is not being shared.
10:42:43 Should it be shared?
10:42:44 Of course not.
10:42:45 It's going to be individuals who have fines, who
10:42:48 have costs levied against them.
10:42:50 This has not been tested.
10:42:51 We have doubts.
10:42:52 I've raised these doubts.
10:42:54 We try not to do that now because we go forward
10:42:56 now, we have a public record that's saying we have
10:42:59 doubts to go forward.
10:43:00 That's why we don't do these things.
10:43:03 >>MIKE SUAREZ: Let me interpret you one more time.
10:43:05 I am not talking about our doubts.
10:43:07 I'm not talking about anything else.
10:43:08 You've given us no information.
10:43:10 That's what I'm talking about.
10:43:11 I'm going to leave it at that I'm not going to
10:43:13 belabor this any more.
10:43:14 But the information coming from the legal
10:43:17 department has been very thin at this point.
10:43:19 That's what I'm talking about.
10:43:20 I'm not talking about whether or not it's a good
10:43:22 thing to go forward.
10:43:25 That's our decision to tell you whether or not
10:43:26 it's a good policy.
10:43:27 But you're not giving us any information to make
10:43:30 that policy.
10:43:30 Again, Mr. Territo, you give us the legal
10:43:32 ramifications asp to the reasons behind it, and we
10:43:35 make that decision.
10:43:36 And if you have reservations, that's fine.
10:43:40 You tell us what those reservations are based on
10:43:43 We didn't get any facts today.
10:43:44 And I apologize if I feel a little impassioned
10:43:48 about this but when we have these meetings, would
10:43:50 do want more meat on the bone than what we have
10:43:53 Thank you, chair.
10:43:54 >>CHARLIE MIRANDA: Thank you very much.
10:43:55 Mr. Reddick?
10:43:57 >>FRANK REDDICK: Thank you, Mr. Chair.
10:43:58 Sal, let me just ask you.
10:44:01 It was stated here that, you're saying your
10:44:05 consulting with outside counsel.
10:44:07 >> Yes.
10:44:08 >>FRANK REDDICK: And is it, that a cost to the
10:44:13 >>SAL TERRITO: That will be a cost to the city.
10:44:15 But if this is validly accepted as a way to go
10:44:18 forward, those costs can be offset on the
10:44:22 So we'll recoup those funds.
10:44:24 If not, then we're going to have to eat those
10:44:26 funds because we've hired somebody who's going to
10:44:27 come back and say we don't think it can go
10:44:28 >>FRANK REDDICK: Let me ask you.
10:44:30 How long have you been consulting with the
10:44:34 >>SAL TERRITO: I don't know.
10:44:34 We're using the law firm that we've used on other
10:44:36 special assessments.
10:44:37 I'm not sure how far we have gotten on this
10:44:40 particular one.
10:44:41 Can't answer that question.
10:44:42 >>FRANK REDDICK: Any of those other members of the
10:44:44 legal department, do you have any knowledge how
10:44:46 long we have been consulting with the outside
10:44:55 >> We have had some preliminary discussions with
10:44:57 the outside counsel a couple times within the last
10:45:00 six months.
10:45:01 >>FRANK REDDICK: Last six months.
10:45:03 And they're supposedly interpreting the law to
10:45:08 determine whether it's feasible to, for us to move
10:45:11 forward, is that correct?
10:45:12 >> I'm sorry, say again.
10:45:13 >>FRANK REDDICK: They're supposed to interpret the
10:45:15 law that's determined if it is feasible to move
10:45:18 forward with the special assessment?
10:45:19 That's their job.
10:45:20 That's what you're consulting them.
10:45:23 >> We're using them for their expertise in this
10:45:25 area, right.
10:45:27 >>FRANK REDDICK: All right.
10:45:27 I'm just wondering if you've been doing it for the
10:45:29 last six months and they haven't reached a
10:45:31 conclusion, when do you expect them to reach a
10:45:37 You've been doing it for the last six months.
10:45:39 I'm just wondering, if they have been looking into
10:45:43 this for the last six months, when do they expect
10:45:48 to give a recommendation to the legal department,
10:45:51 City of Tampa legal department, whether you can
10:45:54 move forward or not?
10:45:59 >> The best way for me to answer that is that I
10:46:01 am -- we are waiting to hear word to go forward.
10:46:06 >>FRANK REDDICK: But I'm --
10:46:08 >> I mean --
10:46:10 >>FRANK REDDICK: Have they told you anything in
10:46:11 six months?
10:46:12 That's what I'm driving at.
10:46:16 >> Yeah they have...
10:46:19 I anticipate hearing within the next month whether
10:46:21 we're going to be going forward or not.
10:46:23 And bringing it to you saying this is the way.
10:46:27 >>FRANK REDDICK: Mr. Chair, you know, I feel the
10:46:29 frustration my colleagues feel, because it seem
10:46:33 like we're not getting direct responses in regard
10:46:35 to this.
10:46:36 Either got a contract, either got a term limit in
10:46:39 that contract.
10:46:40 What I want to do, I'm going to make a motion, ask
10:46:42 legal department to report back here June the
10:46:44 5th with the recommendation from the outside
10:46:47 attorney, whether we can move forward or not.
10:46:49 It don't take this long to get a recommendation
10:46:54 from outside counsel.
10:46:56 >> Second.
10:46:57 >>CHARLIE MIRANDA: I'm so glad you did that
10:46:58 Mr. Reddick.
10:46:59 It gets the thing moving oning direction.
10:47:01 I have a motion, who Mr. Reddick, second by
10:47:04 Ms. Montelione, under discussion really based 0 on
10:47:07 Mr. Suarez's facts.
10:47:08 All in favor of that motion, please indicate by
10:47:09 saying aye.
10:47:09 Opposed nay.
10:47:11 The ayes have it unanimously.
10:47:12 June the 5th.
10:47:14 That will be at the staff report time.
10:47:17 It will be put in that slot.
10:47:18 Ms. Montelione, then Mr. Cohen.
10:47:23 >>LISA MONTELIONE: Thank you.
10:47:24 I just have a suggestion.
10:47:27 This usually happens, so I'm not really sure.
10:47:29 I guess all of us are kind of wondering why we
10:47:32 haven't gotten the information that we have asked
10:47:38 And as you say, Mr. Territo, we usually don't like
10:47:42 to discuss these doubts in public because then it
10:47:46 provides fodder for someone bringing suit that it
10:47:50 was not proper.
10:47:52 So why didn't anybody make an appointment with any
10:47:56 of us?
10:47:56 Or maybe you have.
10:47:57 I mean, we can't discuss this amongst ourselves to
10:48:00 know whether or not -- I mean, I can say for
10:48:04 myself, I've been up to my eyeballs in code
10:48:08 Jake knows probably from the first day I walked
10:48:10 into this office.
10:48:11 And no one contacted me prior to today to discuss
10:48:16 this issue.
10:48:18 And it usually is staff's just modus operandi when
10:48:24 there is an issue coming up, especially a big
10:48:28 issue that might be sensitive, an appointment is
10:48:30 The issue is discussed and then we come forward
10:48:32 with at least some of the information in a little
10:48:35 bit more educated on what the item is on the
10:48:38 agenda and we're able to ask questions that move
10:48:42 the, you know, issue forward, as the chair said.
10:48:44 So, I guess I'm wondering why the regular process
10:48:49 wasn't really followed in this case.
10:48:52 >>SAL TERRITO: I think the regular process is when
10:48:54 the legal department has decided what they want to
10:48:57 bring to you -- I'm not saying they're holding
10:49:00 things back.
10:49:00 Once they have something substantive to bring to
10:49:02 you, they'll bring it to you.
10:49:05 They don't have anything substantive.
10:49:07 >>LISA MONTELIONE: Even just a phone call to say
10:49:09 this item is coming up and we don't have enough,
10:49:11 we want to continue it to May 15th or June 5th.
10:49:15 When we do have the information.
10:49:17 And then we would've avoided this lovely public
10:49:20 >>SAL TERRITO: I think that's a good suggestion.
10:49:22 >>LISA MONTELIONE: I would strongly encourage, you
10:49:26 know, that staff look at -- and I don't know why
10:49:30 it wasn't done.
10:49:31 We usually always get briefings on items.
10:49:34 I don't know how many times I've sat with
10:49:36 Mr. Mueller or Mr. Slater or any number of staff,
10:49:40 the water department, wastewater, stormwater.
10:49:42 I mean, when there's, you know, the fire chief,
10:49:46 when there's a big issue on the agenda, staff
10:49:50 always comes and talks to us about, you know,
10:49:54 anticipating what was going to be discussed and
10:49:57 providing us, as Ms. Capin asked for, the
10:50:00 information in writing, so that we can digest it
10:50:03 and discuss it at some level of competency.
10:50:07 >> I think the reluctance has been they don't have
10:50:09 an answer for you yet.
10:50:11 >>LISA MONTELIONE: They should've talked and
10:50:13 >> They don't want to bring you something half
10:50:16 They want to bring it fully formed.
10:50:17 I think that's probably the answer.
10:50:20 >>CHARLIE MIRANDA: Ms. Capin?
10:50:21 >>YVONNE CAPIN: Exactly.
10:50:21 If it was not ready, we should've been told before
10:50:25 today, it isn't ready.
10:50:27 Can we, item E, Connecticut be held, can we look
10:50:32 at it further down the road?
10:50:33 This has happened before.
10:50:35 The disregard for what we do here, it has happened
10:50:44 to me before with legal.
10:50:46 That we are the ones that make policy.
10:50:54 That's what we do.
10:50:57 And we need that information.
10:51:02 And so far, we have asked for part of it, the
10:51:08 first part in writing.
10:51:10 And the second part, the E -- I'm so glad it came
10:51:14 I'm so glad that this did us to have this brought
10:51:18 It should've never gotten to this point.
10:51:21 It should've never gotten to this point.
10:51:24 And the burden has to be on legal.
10:51:27 In this one.
10:51:28 Because -- we should've been notified that this
10:51:31 isn't ready to come forward.
10:51:33 And I agree with my colleagues on this one.
10:51:36 If it isn't ready, and then if it isn't ready to
10:51:42 actually come before us and say that the reason it
10:51:48 isn't ready is because there's doubts, is even
10:51:51 more egregious.
10:51:52 To say that publicly.
10:51:54 So, that's all I have to say.
10:51:58 >>CHARLIE MIRANDA: Thank you, Ms. Capin.
10:52:00 Mr. Cohen?
10:52:01 >>HARRY COHEN: Thank you.
10:52:01 I don't want to beat a dead horse.
10:52:03 I agree with my colleagues.
10:52:05 But you know, in fairness, it was my motion and I
10:52:08 want to say that the first words of the motion
10:52:11 are, provide a staff report with a go forward plan
10:52:14 for the implementation of a special assessment
10:52:17 So, it wasn't that the motion wasn't clear in
10:52:22 terms of what it was that we were asking for.
10:52:24 And I appreciate Mr. Reddick's motion to have this
10:52:29 discussion on the 5th.
10:52:30 I would hope that when we get clarification on
10:52:33 whether or not we can do this, we can also
10:52:36 entertain having a plan for moving forward and for
10:52:38 the record, I was under the impression from the
10:52:43 legal department prior to when I made this motion,
10:52:47 that, that hard cost liens were the things that we
10:52:51 could do.
10:52:52 The reason that the motion didn't include fines
10:52:56 and other items was because I was already under
10:53:00 the impression that we knew that we couldn't do
10:53:03 But I was never told that there was a doubt about
10:53:06 whether or not we could do anything regarding hard
10:53:09 cost liens.
10:53:10 Today was the first that I heard about that.
10:53:13 >>CHARLIE MIRANDA: Okay.
10:53:14 Let me see if I can summarize this thing into a
10:53:17 package somehow.
10:53:18 May 15th, if I understood earlier, legal
10:53:22 department is going to bring us all the
10:53:23 statistics, or first conversation started on the
10:53:28 portion regarding excluding E and F.
10:53:31 Am I correct?
10:53:33 >> Right.
10:53:34 >>CHARLIE MIRANDA: All right.
10:53:34 Thank you, Mr. Assistant city attorney.
10:53:36 Thank you very much.
10:53:40 I'll negotiate with you later.
10:53:42 [ Laughter ]
10:53:43 >>CHARLIE MIRANDA: Then the second part of this is
10:53:45 more importantly, just as important I should say,
10:53:47 June the 5th, the legal department of is going to
10:53:50 come back and tell us what they've done regarding
10:53:54 E and F, with the outside counsel that, from what
10:53:58 I understand the choices of words that were used
10:54:01 here on both sides, they have not contracted with
10:54:03 that firm yet.
10:54:06 You had two conversations with them, as I
10:54:08 understood it.
10:54:09 But there's been no contract signed for them to
10:54:14 represent on this issue, am I correct?
10:54:17 >> That's correct.
10:54:17 And there were two reasons we're discussing it
10:54:19 with them.
10:54:20 >> I don't want to know the reasons on the record.
10:54:22 I just want to know there's been conversations.
10:54:25 We don't have a contract, so therefore it's been
10:54:27 sitting on, in stable waters.
10:54:31 Ingoing and outgoing tides.
10:54:33 >> And the contract will come to you.
10:54:34 >>CHARLIE MIRANDA: You'll have by June the 5th,
10:54:36 that worked out, come back and tell us where we're
10:54:39 at with that firm's recommendation.
10:54:41 Am I correct?
10:54:43 >>SAL TERRITO: That's why I want to say there are
10:54:45 two things.
10:54:45 The decision is going to be made in-house.
10:54:47 We're asking them for advise.
10:54:49 Decision is going to be made in house whether we
10:54:51 can move forward.
10:54:52 We're bringing them in as much force the process.
10:54:55 These are complicated process.
10:54:57 >>CHARLIE MIRANDA: Let me be clear.
10:54:59 By June the 5th, is that ample time to have all
10:55:02 this resolved?
10:55:04 >>SAL TERRITO: That's correct.
10:55:05 >>CHARLIE MIRANDA: Ample time?
10:55:06 >>SAL TERRITO: Yes, sir.
10:55:06 >>CHARLIE MIRANDA: Just want to make that sure.
10:55:08 We have the motions done, clerk, for June the 5th,
10:55:11 to come back.
10:55:12 It's all been done.
10:55:13 So then this is mooted right now.
10:55:16 It's complete, right.
10:55:17 >>SAL TERRITO: Yes, sir.
10:55:18 >>CHARLIE MIRANDA: Okay.
10:55:18 Thank you very much.
10:55:20 Let's move on to item number 38.
10:55:28 This is the public hearing.
10:55:32 It is a quasi-judicial.
10:55:34 So all those who will be testifying in this and I
10:55:38 believe we opened that earlier, much earlier, when
10:55:41 I opened 36, 37 and 38.
10:55:43 Anyone's going to testify in these should be sworn
10:55:47 in at this time.
10:55:49 [Oath administered by Clerk]
10:55:49 >>CHARLIE MIRANDA: Petitioner?
10:55:58 >> Mr. Chairman, Councilmembers, I'm here on
10:56:00 behalf of the applicant.
10:56:01 Transcontinental Marine.
10:56:04 You received a staff report from Susan Johnson and
10:56:09 we concur in that staff report and we don't really
10:56:12 have anything to add.
10:56:13 I would just like to mention that the approval of
10:56:17 this agreement will allow my client to continue to
10:56:21 proceed with this project under the regulations as
10:56:26 existed at the time of the approval.
10:56:28 So it simply preserves the status quo.
10:56:31 And I'll be happy to answer any questions.
10:56:33 I did identify and review of the agreement this
10:56:38 Identified a scrivener's error in the agreement on
10:56:42 paragraph C-3.
10:56:45 In the third line, the word "foundation" should
10:56:49 read TCM, which is my client Transcontinental
10:56:53 Marine Repair.
10:56:55 And I'm not sure procedurally what we need to do
10:56:59 with that.
10:56:59 But the agreement is in order other than that one
10:57:04 >>CHARLIE MIRANDA: Yes, sir?
10:57:05 >> Shaun Amarnani, city attorney's office.
10:57:08 We will correct that scrivener's error for the
10:57:10 next reading.
10:57:12 And we agree it's a scrivener's error.
10:57:15 >>CHARLIE MIRANDA: This is the first public
10:57:17 So between first and second, that will be.
10:57:20 All right.
10:57:21 This is a public hearing.
10:57:22 Anyone in the public care to speak on this item,
10:57:25 item number 38?
10:57:26 I see no one from the public.
10:57:28 I have a motion to close by Mr. Capin, second by
10:57:32 Mr. Reddick.
10:57:33 All in favor it motion to close, please indicate
10:57:36 by saying aye.
10:57:39 Motion passes unanimously.
10:57:40 Any action going to be taken on this?
10:57:44 >> No action at this time.
10:57:46 >>CHARLIE MIRANDA: This will be done at second
10:57:47 reading, the action and so forth, the passing of
10:57:51 the resolution.
10:57:53 May 15th for the record.
10:57:56 >>THE CLERK: 2014 at 10:30 a.m.
10:57:58 >>CHARLIE MIRANDA: 10:30 on May 15th at 10:30 a.m.
10:58:03 >> Thank you very much.
10:58:05 >>CHARLIE MIRANDA: Thank you very much.
10:58:05 Appreciate it.
10:58:07 We need a motion to receive and file all the
10:58:10 documents for today.
10:58:11 >> So moved.
10:58:12 >> Second.
10:58:13 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second
10:58:16 by Mr. Cohen.
10:58:16 All in favor of the motion, signify by saying aye.
10:58:18 Opposed nay.
10:58:20 The ayes have it unanimously.
10:58:20 Anyone in the public care to make any comments at
10:58:22 this time?
10:58:23 Please come forward.
10:58:27 We had an increase of two people today.
10:58:28 Anyone else?
10:58:30 [ Laughter ]
10:58:30 >>CHARLIE MIRANDA: Okay.
10:58:31 We go to comment from Councilmembers, right to
10:58:36 left today, Mr. Suarez?
10:58:38 >>MIKE SUAREZ: Thank you, chair.
10:58:39 I have several commendations I'd like to get
10:58:42 Like to ask the Council to approve a -- excuse me,
10:58:46 to invite Matt Jordan, the general manager of
10:58:50 Tampa Bay Water to appear before us on
10:58:52 May 22nd to give us an update on Tampa Bay
10:58:55 Water for five minutes.
10:58:57 >> Second.
10:58:57 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
10:58:59 Mrs. Capin.
10:59:01 Further discussion by Councilmembers?
10:59:02 All in favor of the motion, please indicate by
10:59:03 saying aye.
10:59:03 Opposed nay.
10:59:05 The ayes have it unanimously.
10:59:06 >>MIKE SUAREZ: I'd like to have a commendation
10:59:07 prepared for the water department to commemorate
10:59:10 next week, which is water week.
10:59:11 May 4th, starts water week.
10:59:15 >>CHARLIE MIRANDA: I have a motion bring Suarez in
10:59:18 a close vote with Ms. Montelione and Ms. Ka
10:59:21 St. Pete.
10:59:21 Mrs. Montelione on that one.
10:59:23 All in favor of the motion, please indicate by
10:59:24 saying aye.
10:59:24 Opposed nay.
10:59:26 The ayes have it unanimously.
10:59:27 >>MIKE SUAREZ: Another commendation to the water
10:59:29 department to commemorate water re-use week to be
10:59:32 presented on May 22nd.
10:59:33 There's a lot of -- there are deep waters down
10:59:38 >>CHARLIE MIRANDA: You must be head of public
10:59:40 I have a motion by Mr. Suarez, second by
10:59:42 Mr. Reddick.
10:59:43 Further discussion by Councilmember also.
10:59:45 All in favor of the motion, please indicate by
10:59:46 saying aye.
10:59:46 Opposed nay.
10:59:47 The ayes have it unanimously.
10:59:48 >>MIKE SUAREZ: One last commendation, sir.
10:59:50 A commendation to Tampa family health center in
10:59:52 celebration of the 30th anniversary as well as the
10:59:55 opening of their new Sligh avenue center.
10:59:58 >>CHARLIE MIRANDA: Have a motion by Mr. Suarez,
11:00:00 second by Mr. Cohen.
11:00:01 Further discussion by Councilmembers?
11:00:02 All in favor of the motion, please indicate by
11:00:04 saying aye.
11:00:05 The ayes have it unanimously.
11:00:05 Ms. Capin?
11:00:07 >>YVONNE CAPIN: Nothing.
11:00:07 >>CHARLIE MIRANDA: Thank you very much,
11:00:09 Mrs. Capin.
11:00:09 Mr. Reddick?
11:00:11 >>FRANK REDDICK: Mr. Chair, we have had discussion
11:00:14 before and it continue to be a problem in north
11:00:16 Hyde Park as well as in West Tampa.
11:00:18 And that is with the students continue to have
11:00:21 these house parties on weekend.
11:00:23 Just recently last week, they have one on our
11:00:26 street in West Tampa that attracted 3 to 400
11:00:30 It just becoming a nuisance or problem in that
11:00:33 north Hyde Park as well always in West Tampa.
11:00:35 I have been able to get a hold of an ordinance
11:00:39 that, from the city of Winter Park, who addressed,
11:00:44 specifically addressed this issue pertaining to
11:00:46 these type of parties.
11:00:47 I'm going to ask the legal department, as well as
11:00:50 the Tampa Police Department, to report back to
11:00:54 this Council on June the 5th, on a staff report,
11:00:57 how we can enact this ordinance in the City of
11:01:01 I think it's a very good ordinance and I gave each
11:01:04 one of you Councilmembers a copy to look at.
11:01:06 It specifically addressed these house parties.
11:01:08 And they have done it in Winter Park.
11:01:10 So hopefully we can do something in the City of
11:01:12 Tampa, put a stop to this.
11:01:13 >> I second that?
11:01:15 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.
11:01:16 I have a second by Mr. Suarez, Ms. Cohen,
11:01:20 Ms. Montelione?
11:01:21 >>LISA MONTELIONE: May I make a suggestion because
11:01:22 we have run into this before.
11:01:24 In addition to the Tampa Police Department, we
11:01:26 should also invite the legal department.
11:01:28 >> He did.
11:01:29 >>LISA MONTELIONE: I would have the zoning
11:01:31 individuals here as well.
11:01:34 >>CHARLIE MIRANDA: Amendment to that.
11:01:36 Zoning division of the City of Tampa.
11:01:37 Let me say this.
11:01:38 I'm really appreciative of your efforts and your
11:01:43 aide to do this.
11:01:46 Mr. McCary, he's done a fantastic job.
11:01:47 This is something that's been a thorn in the whole
11:01:50 city for a long time.
11:01:51 It's not only about that area, but it's throughout
11:01:53 the city.
11:01:55 Enough is enough.
11:01:55 And I appreciate all the work you've done.
11:01:57 >>FRANK REDDICK: Thank you.
11:01:58 >>CHARLIE MIRANDA: All in favor of that motion,
11:01:59 please indicate by saying aye.
11:02:00 Opposed nay.
11:02:01 The ayes have it unanimously.
11:02:01 And that said for the date and time.
11:02:05 >>FRANK REDDICK: June 5th.
11:02:06 >>CHARLIE MIRANDA: Thank you very much.
11:02:07 Anything else, sir?
11:02:09 >>FRANK REDDICK: That's it.
11:02:09 >>CHARLIE MIRANDA: Mr. Cohen?
11:02:11 >>HARRY COHEN: Thank you, Mr. Chair.
11:02:12 I have two items.
11:02:13 First of all, I met with Mrs. Sonya Little, the
11:02:17 city's chief financial officer this week.
11:02:19 And she requested some time to come in and give us
11:02:23 an update on the financial picture as we get ready
11:02:27 for next year's budget.
11:02:28 In looking at the calendar, I was tempted to
11:02:33 suggest that she come in at 5:30 p.m. on
11:02:37 May 22nd.
11:02:39 We have to take up two map amendments at 5:00 p.m.
11:02:43 that evening.
11:02:43 And if she comes in at 5:30, that will give the
11:02:46 public an opportunity to be here as well and hear
11:02:49 what she has to say.
11:02:51 >> Second.
11:02:51 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, I
11:02:53 have a second by Ms. Montelione.
11:02:54 Further discussion by Councilmembers?
11:02:55 All in favor of the motion, please indicate by
11:02:57 saying aye.
11:02:57 The ayes have it unanimously.
11:02:57 Anything else, sir?
11:02:59 >>HARRY COHEN: Yes.
11:03:00 Second, the Hillsborough County women's Hall of
11:03:02 Fame was created by the Hillsborough County
11:03:05 commission on the status of women to honor women
11:03:08 who through their lives and efforts have made
11:03:10 significant contributions to the improvement of
11:03:13 women and all citizens of Hillsborough County.
11:03:16 In 2014, the honorees are going to be Senator
11:03:19 Arthenia Joyner, Mrs. Eleanor Collier McWilliams
11:03:23 Chamberlain and Ms. Nancy Torbett Ford.
11:03:27 And I'd like to make a motion to present
11:03:30 commendations to Senator Joyner and the families
11:03:32 of these two ladies.
11:03:34 The reason I'm making the request is because
11:03:37 Mrs. Nancy Torbett Ford is the mother of my
11:03:42 legislative aide, Cjo Ford.
11:03:45 And we're very proud of the fact that she's
11:03:47 receiving this award and we wanted to make sure
11:03:49 City Council had the opportunity to congratulate
11:03:51 the Ford family and also Senator Joyner and the
11:03:55 family of Ms. Eleanor Collier McWilliams.
11:03:58 So, I respectfully ask for commendations for all
11:04:01 three of those individuals.
11:04:03 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.
11:04:04 I have a second by Ms. Capin, on a close vote with
11:04:07 Ms. Montelione.
11:04:08 All in favor of the motion, please indicate by
11:04:09 saying aye.
11:04:09 Opposed nay.
11:04:11 The ayes have it unanimously.
11:04:11 Anything else, sir?
11:04:13 >>HARRY COHEN: No, thank you.
11:04:18 >>CHARLIE MIRANDA: Ms. Montelione?
11:04:27 >>CHARLIE MIRANDA: A little comment, editorial.
11:04:29 University of Tampa is either 45 and two, 48 and
11:04:33 two, you count the three games in Cuba, 51 and
11:04:38 Somewhere between 45 and 51 games won.
11:04:40 That's outstanding.
11:04:41 They play this weekend, their final three games
11:04:43 and then they go into hopefully the championship
11:04:45 for the United States champion for division two in
11:04:49 So go out and see them this Saturday.
11:04:51 I think the game is at 6:00.
11:04:53 And Sunday there's a doubleheader.
11:04:55 Anything else to come before this Council?
11:04:57 Stand adjourned.
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