Tampa City Council - November 03, 2022 - Tampa City Council Transcripts

The council meeting held this date, November 3, 2022. Who has the invocation today?

I do, Sir.

Councilman Viera.

My great pleasure to invite Mr. Carey Nance. Married with his wife, Amy, and have been married -- wow, coming up on 30 years. That is great. Three children. And his parents were both baptist ministers and earned a masters degree from Trinity College in 2005 and began ministry at Southside Baptist Church in Tampa, Florida, where he is the Pastor and the police chaplain since 2005. A great pleasure to have You today and if everybody will stand for the Prayer and remain standing for the pledge. And before I pray, many of You have seen the devastation down in fort myers and that area. And we truly have much to be thankful for how God has sustained this city through all of that. Reminded in psalm 103, bless the Lord, oh my soul, and forget not his benefits and lets do that this morning. Our Father, we want to take a moment this morning to thank You and to recognize your great mercy upon this city and how You have blessed US. And Lord, we thank You how You have allowed this city to grow and prosper. And Lord, we recognize it has been your hand of grace that has sustained US. Lord, as we have even seen devastation down south. And, Lord, we realize that storm could have landed here and, Lord, that our agenda could be much different today, but God, You have been kind to US. So, Lord, we thank You for that and we want to praise You for that. Lord, as we come to this hour and this day, Lord, we recognize that we need your help and your grace and your wisdom. And Lord, there are many problems and many tasks before this council. And I pray that You would, Lord, help them and give them, Lord, the wisdom that they need and the direction that they need. We pray for our Mayor, that You will bless her and Lord, our Tampa Police. And our fire and those first responders. Lord, every day that they stand on those front lines. God, will You help them, bless them. Lord, our -- our city is truly blessed because of You. And we are in need of You. So we ask today that You will help US to recognize our dependence upon thee and I pray, oh God that your grace will be sufficient in our hearts, our homes. That You will help US and, Lord, we thank You for Jesus Christ and for how he has come to be a savior for US. Lord, May we look to him today for strength. And Lord, will You continue to overshadow this place and this city and in jesuss name we pray, amen. [Pledge of allegiance]

Joseph Citro 09:04:36AM

Roll call.

Luis Viera 09:04:37AM

Here.

Guido Maniscalco 09:04:40AM

Here.

Lynn Hurtak 09:04:41AM

Here.

Orlando Gudes 09:04:42AM

Here.

Charlie Miranda 09:04:43AM

Here.

Joseph Citro 09:04:44AM

Here.

Clerk 09:04:46AM

We have a physical forum. Thank you very much. Mr. Shelby.

Martin Shelby 09:04:52AM

Members of the public, Martin Shelby, City Council attorney. Today is November 3, 2022. 315 e. Kennedy boulevard. The public and the citizens of Tampa are able to watch, listen and view this meeting on spectrum 640, frontier channel 15 and livestreaming on the internet at tampagovlivestream. And members of the public can attend in person or virtually participate through what is referred to by Florida statute as rules as communication media technology or cmt. Please note that public comment through the use of cmt and quasi-judicial hearing, preregistration is required. The rules for that are located on the City Council's web site on the City Council web page through that page. Httpstampagovcitycouncil. To order to participate, preregistration, and to use cmt, waive the rules.

Joseph Citro 09:05:57AM

Motion made by Councilman Maniscalco. Seconded by Councilman Gudes. All in favor. Thank you very much. Go through the agenda right now. Chief.

John Bennett 09:06:07AM

Good morning, Council, John Bennett, chief of staff. Good morning to our public. A quick recap after yesterdays agenda review session. Specifically pertaining to staff reports. Item number 4 originally there was nothing to report; however, at the meeting on Tuesday, correct me if im wrong, Councilwoman Hurtak asked our CFO to come back with a financial resource for something, and he is following to do that under item 4, if that is councils pleasure. Items 5-7, staff is here and they obviously require a vote. Items 8-9, an appearance and report. Many of these had memos submitted. Item number 10, staff is willing to monitor and a memo on file. Item 11 and 12, a reading for that, for both of those items. Items 13 and 14 require a legal report. Items 15 and 16 have an appearance and report together. Staff is available. Items 17, there is a legal report as well. Item 18 has a draft and presentation. Item 19 was requested to be continued. It is my understanding that item 35 was pulled. And staff will be here for that as well.

Joseph Citro 09:07:37AM

Thank you. Councilwoman Hurtak.

Lynn Hurtak 09:07:39AM

I am fine with a report for item 16, and I dont need anyone to appear for that.

Joseph Citro 09:07:48AM

Anyone else from Council want to hear a verbal report. Councilwoman Hurtak, are you saying we can take 16 off the agenda?

Lynn Hurtak 09:07:56AM

Yes, because there is a lovely written report.

Martin Shelby 09:07:59AM

Mr. Chairman, if I can clarify and I dont know if Council wants to do what we normally do, to have staff present for the ones that contain the memorandum or if -- if that is the case, they can be released from having to appear. I guess the question would be then, do you want to produce -- proceed that way or ask Council.

Joseph Citro 09:08:23AM

I asked if anyone in Council wanted to hear this.

Bill Carlson 09:08:28AM

Talking about 16? I am late, 16, no?

Joseph Citro 09:08:35AM

Item number 16.

Martin Shelby 09:08:37AM

Receive and file at the time -- no, You do it after public comment, just in case.

Joseph Citro 09:08:42AM

Councilwoman Hurtak.

Lynn Hurtak 09:08:44AM

Did I understand that 35 is being taken off the agenda?

Martin Shelby 09:08:50AM

I believe the request is to pull it from the consent agenda and put it under staff reports.

Lynn Hurtak 09:08:56AM

We had a nice discussion about it. I misheard. Thank you.

Martin Shelby 09:09:00AM

Mr. Chairman, at what point do you want to take that up?

Joseph Citro 09:09:07AM

During staff report.

John Bennett 09:09:09AM

I would suggest in the first few because requires a vote. I want to take a moment, if I could, and thank the clerks office working with my office to organize the front ends of the agenda based on voting and reporting. If we can move that up for the voting band, that will be helpful.

Joseph Citro 09:09:27AM

Right after item number 4.

John Bennett 09:09:29AM

Yes, Sir.

Joseph Citro 09:09:32AM

Thank you. Agenda items -- excuse me, 17, 18 and 19 are asking to be continued until December 15.

Bill Carlson 09:09:40AM

So moved.

Joseph Citro 09:09:47AM

A motion made by Councilman Carlson, seconded by Councilman Miranda to move agenda items 17, 18 and 19 which are file number cm 20770. Cm 22-7483 to December 15, 2022. All in favor. Thank you.

Joseph Citro 09:10:13AM

I believe at this time, We have a motion by Councilman Gudes for a walk-on agenda item.

Orlando Gudes 09:10:27AM

Yes, Sir, Mr. Chairman.

Joseph Citro 09:10:28AM

Councilman Gudes, you are recognized.

Orlando Gudes 09:10:34AM

I have a Walk-on for a Person to serve because they have that next meeting on Friday.

Joseph Citro 09:10:39AM

Would we like to do that first thing which shouldnt take very long.

Orlando Gudes 09:10:45AM

Shouldnt take long.

Bill Carlson 09:10:46AM

Mr. Chair.

Joseph Citro 09:10:51AM

Councilman Carlson.

Bill Carlson 09:10:53AM

Sorry I was late. I want to make sure Staff is here for 11, 12 and 13.

Martin Shelby 09:11:00AM

Is Staff going to be present for every other one?

Joseph Citro 09:11:05AM

Yes.

Martin Shelby 09:11:06AM

Thank you.

Joseph Citro 09:11:06AM

We still have a motion on the table from Councilman Gudes. Is there a second?

Bill Carlson 09:11:14AM

Guido seconded.

Joseph Citro 09:11:17AM

A motion by Councilman Gudes and seconded by Councilman Maniscalco. Thank you. We will take that right before number 1.

Martin Shelby 09:11:26AM

If We can take that first after public hearing, We can take that as well, if possible. Or take it after number 1.

Joseph Citro 09:11:34AM

Thank you very much. We will have public comment. Anyone wishing -- I apologize. We will do ceremonials at this time. Councilman Miranda.

Guido Maniscalco 09:11:50AM

Move to approve the agenda.

Orlando Gudes 09:11:57AM

Second.

Joseph Citro 09:11:58AM

A motion to approve the agenda by Councilman Maniscalco and seconded by Gudes. All in favor. Councilman Miranda.

Charlie Miranda 09:12:06AM

Thank you, Sir.

Joseph Citro 09:12:08AM

Are you okay, Councilman Gudes?

Orlando Gudes 09:12:17AM

I am just here, My Brother. Just here.

Joseph Citro 09:12:22AM

I hear you. We are all just here.

Charlie Miranda 09:12:24AM

Water wise award recipient, please come forward. Come on up guys, ladies and gentlemen. Honorable chairman of Tampa City Council, honorable members of Tampa City Council. My pleasure to be before you along with the Water Department head Chuck Kansas Weber. I had to give your middle name, Kansas. And Brad Baird. And I believe it is Tony Monk and Megan. Okay. I am sorry. What this is -- we will show you what they have done with their property and read the commendation for them. All natural, all beautiful looking.

Charlie Miranda 09:13:22AM

You cant see it? This means they have done a lot of work, spent a lot of money and used very little water. Congratulations. Let me read the commendation, if I May. Tampa City Council to recognize Tony as being the winner of the 2022 water wise award presented by the City Of Tampa Water Department. Over 20 years of recognition and talented people who created the award-winning landscaping of use of nine principles of floridas friendly landscaping and committed to conversation our water resource and protected the environment by using attractive florida-friendly landscaping. All those words are very important to US and to the environment because your little steps are going to be steps and miles and thousands of gallon are saved and millions possibly if everybody listening to nature. And You have done an extensive work in creating what You created a beautiful landscaping yard. And You are to be commended for that, for the time You spent on it. But really for the time You spent helping the earth stay a little cleaner. For that We really appreciate it very much and happy to present this award to You, along with Mr. Chuck and mr. Brad Baird. This award is yours, sir. And the pictures and the paints and the prints tell the whole story. You did the hard work so You are welcome to come to my house and start. [Laughter] [applause] We started this long before We knew this award existed. And We started to convert our home away from lawn, irritation and chemicals because We knew it was the right thing to You for the environment. And We only pursued the award because We hoped to demonstrate to others that You can have a lovely home and do these things that are good for the broader community and for the environment and for our drinking water resources. So I dont -- I didnt do this personally for the commendation, but I hope that other people will see it and take steps to make their little piece of Tampa a little bit better. Thats all.

Charlie Miranda 09:15:57AM

Councilmembers.

Joseph Citro 09:15:59AM

Any Councilmembers like to say anything. Councilman Viera.

Luis Viera 09:16:04AM

Congratulations and appreciate all the work You do. You are obviously very in tune with it and passionate. Thank You.

Joseph Citro 09:16:13AM

Councilman Maniscalco.

Guido Maniscalco 09:16:15AM

Again, thank You, congratulations. You and the entire department work hard. And we appreciate everything You to do make our community a better place.

Joseph Citro 09:16:27AM

Councilman Carlson. Was done before I was an employee of the Park And Rec Department, to be clear.

Bill Carlson 09:16:39AM

Thank You for doing this and hopefully You will be an inspiration for others. I see more and more people doing this and We hope to be able to convert everybody. Thank You.

Joseph Citro 09:16:48AM

Councilwoman Hurtak.

Lynn Hurtak 09:16:50AM

Little known fact before I got appointed. This was my goal for the year to do this to my yard. I dont have that much time at home like I used to. I am working toward that goal. Your yard is a wonderful example of how all of US can make our yards Florida friendly and using less -- I love using less water and chemicals. So thank you so much for showing this. Congratulations on all your hard work.

Joseph Citro 09:17:18AM

Councilman Gudes, you wish to speak.

Orlando Gudes 09:17:25AM

Yes. I want to be recognized. Again, thank you for your efforts. You know a nice yard in a community makes it where people say, oh, wow. They want to go out and have a green thumb. Thank you for your --

Joseph Citro 09:17:44AM

As water becomes more of a commodity than gold, we are looking at years down the line when more and more people move to this area. I want this to be the showcase to teach people to conserve and use water wisely. Thank you for bringing this to the forefront. Thank you for showing all of Tampa how they can conserve water and still have beautiful yards. Thank you. [Applause]

Joseph Citro 09:18:36AM

Councilman Miranda.

Charlie Miranda 09:18:38AM

Thank you, Mr. Chairman. Again, my pleasure, honorable chair and honorable members of Tampa City Council to have the city of water backflow maintenance and inspection team come forward, please. [Applause] thank you very much. Dont be bashful. [Laughter] I am the only guy that is bald. Come on. Again, before I read the commendation, these are individuals that are behind the scenes. The only ones that see them are the people that work with them. And what they do for the City Of Tampa, something to keep US safe. The water side of drinking. And they do a very admirable job. But I think the commendations wording will say it all. Critical jobs are overlooked and backflow prevention play as role. Backflow saves lives and protects the health, safety and welfare of the public. Measures taken long ago to require specific equipment to prevent cross contamination of a water system with backflow system running properly, the water system is at no risk for any pollutants getting into it. This specialized equipment requires regular testing, maintenance. Recently members of the City Of Tampa backflow, maintenance and inspection team were certified in critical needs. This team and the supervisor are the first line of defense for the citys important backflow maintenance program. Honor to recognize the behind-the-scene employees and supervisors for protecting our health and our daily safety. Thank you for the supervisor and certification instructor Frank Zimmer and his team. These are the individuals that are in the team. I will try to pronounce their name. Mo, Rocky Arroyo, Willie, Louis, Ross, Kevin Richardson, Adam, and Lazaro. Am I right so far? Give me an a. And I will let them speak. It is a real thing that without individuals like this -- not only in this city -- but throughout the whole United States of America, we wouldnt have the water quality we would have today and the standards that we have today. Again, I want to applaud them for being who they are. And give them a -- they are all going to get a commendation in paper and this will hang in the option, I hope. I will hand it out to them and I am putting it like this like it is in order. [Laughter] I would like to thank Councilman Miranda and City Council for this award -- for these guys. These guys work hard every day. And they deserve it. Good job, guys. Thank you, again. [Applause]

Joseph Citro 09:22:16AM

Councilmembers. Councilwoman Hurtak.

Lynn Hurtak 09:22:19AM

I want to say thank you for all the work you do. So nice to be able to recognize those who do the work that keep this city running and congratulations for all of you to recertify. That is a real -- just wonderful thing. Congratulations to every single one of you. Talks a lot toward your team and your teamwork.

Joseph Citro 09:22:43AM

Councilman Carlson.

Bill Carlson 09:22:45AM

Thank You for all that You do. We dont get to thank You enough. You were in the worst of the difficult situations. Hopefully You will remember that the Community supports You and thanks You.

Joseph Citro 09:22:57AM

Councilman Viera.

Luis Viera 09:22:59AM

Thank You for your work day in and day out. This is a hard work that You do. And a small token of appreciation. We appreciate your hard work. Thank You.

Joseph Citro 09:23:10AM

Councilman Maniscalco.

Guido Maniscalco 09:23:12AM

Thank You very much. We appreciate the hard work that You do. You are out there doing things that the public dont see all the times. You are out there. Taking care of things. You are keeping the city running. We appreciate You. We appreciate all that You do. Thank You.

Joseph Citro 09:23:28AM

Councilman Gudes.

Orlando Gudes 09:23:30AM

Always great to get a accolade when You are doing a great job and helping the city grow. Thank You for doing what You do.

Joseph Citro 09:23:36AM

Water is one of our biggest issues within the City Of Tampa. Everybody wants fresh, clean drinking water. Everybody wants the water to be taken away whether flooded roads or taking away our wastewater. You guys are vital. Vital to how the city works. Thank you very much [applause] Councilwoman Hurtak.

Lynn Hurtak 09:24:05AM

Next, I would like to welcome Ed Sherwood, executive director of the Tampa Bay Estuary Program to present to US the state of the bay. Thank you so much for coming today. Thank you for having me. Thank you for the council for inviting me. And I think the presentations are very apropos what I am going to talk about and some of the initiatives to the Estuary Program. I do have a presentation. I dont know if they are going to queue it up or not. But just -- just to give a little bit of background of me. I am Ed Sherwood, executive director of the Estuary Program. I have six staff in our program. We are one of 28 national estuary programs designated by Congress to protect estuaries of natural significance. Our programmer is right about $775,000 of federal funding that We match with local sources where the city Tampa is a contributing policy board member and interlocal agreement to our partner program. Work with the city of clearwater, city of st. Pete, hillsborough, pinellas and pasco and manatee county. Our long-serving goals are defined with -- how do I advance -- our program priorities and long-standing goals is defined in the comprehensive management plan. Under the plan three main themes that We direct funding resources for resource, restoration and Community engagement efforts that are focused on improving our water and sentiment quality throughout the Tampa Bay area. The fish and wildlife habitat in the estuary. And getting the Community on board helping US out and restoring those resources. I will jump right to the points or the punchline of where the state of the bay is. We put out a report every three years, kind of highlighting some of the existing challenges and benchmarking the current conditions of each of the important indicators of the bays health. You know, from the start, I want to mention, We have made great progress in the region. Made great investments and remaining challenges. One of those is the Old Tampa Bay segment. The upper left-hand of Tampa Bay the three bridges that link to City Of Tampa. That Old Tampa Bay have summertime algae bloom. Not red tide but a different species and observing that bloom going back to 2010. A lot of that has to do with the nutrient loading and poor tidal circulation that bay segment experiences. Also, We do have other rigorous goals in terms of other important habitats, oysters, mangroves and wetlands within the watershed and defined fairly address sieve targets for 3,000 additional acres of the habitats within the next ten years and We need to capitalize on the opportunities now as We know our Community continues to expand and develop. Those opportunities to restore some of those habitats are being lost and We need to capitalize on the ocean spaces and the lands to get the important habitats back. You know, We have experienced very acute events. Red tide incursions in the bay that affected the fish and wildlife resources, and the Community have really been engaged when those events occurred. The piney point discharge that unloaded unprecedented amount of nutrients in the bay and following that loading, a fairly significant red tide that incurred -- went up into the Tampa Bay further than We have seen over the past 50 years. Those are sort of the priorities and sort of the take-home messages from the state of the bay report. There are links in my presentation, but those are the focal areas that We are -- directing our resources as Estuary Program towards. One graphic I want you all to take home and sort of leave an impression on you from my presentation today is this one. We have -- as I mentioned, We have made great and significant progress to improve water quality to the benefit of seagrasses where We reach a defined goal We establish in the Estuary Program. Amount of seagrass coverage. We are seeing warning signs where the bays water quality and the health of those seagrass resources are starting to decline below the goal and target level. Should give US some pause and ask questions what We need to do to be proactive to address these issues up front to maintain a healthy bay because the healthy bay is environmentally sound and economic benefits, as you know, to the region. We gauge and assess how well We are doing using a water quality tool for each of the bay segments. The stop light graphic on the left of the screen. Each of the four, Old Tampa Bay, old hillsborough, lower Tampa Bay have certain water quality indicators. As I mentioned Old Tampa Bay had this caution level because of the persistent algae bloom for quite some time. What drives a lot of our water quality issue in the bay is the amount of nutrients that enter the system through a variety of different sources. One of the main sources through nonpoint sources or stormwater. 64% of the nitrogen load, 2300 tons on average emanates from stormwater. Another 17% comes from atmospheric missions. Basically nitrogen containing the air being deposited on the air surface. And other 17% comes from industrial wastewater and industrial wastewater discharged to the bay or water shed. To reduce nitrogen loads and doing that is the Nitrogen Management Consortium that the city is part of. We divvied up that pie. Basically into slices for each of the major sources within the estuary. And I highlight the City Of Tampa. Define limits for the wastewater treatment plant and the loads that the city is responsible for and maintaining those loads moving forward is an important aspect of how We proactively manage the bay. We know with continued growth, more wastewater, more impacts on stormwater quality of those nutrients entering the bay. We need to be vigilant and make those investments up front to ensure that the bay remains healthy. We have seen sort of these warning signs to continue to make investments so that those warning signs dont become a fatal sign for the health of Tampa Bay like other areas like the indian river la goon. As I mentioned, one of the persistent water quality problems We have is in the upper bay segment and olds Tampa Bay. That trigger of not meeting water qualities is primarily related to an algae bloom that occurs. Pyrodimum. Bio luminance. If you paddle through during the summer, it will glow. And the species will provide toxin levels that are -- that affect fish and wildlife and cause problems with dissolved oxygen in the water column. That is something that We are investing in terms of stormwater retrofit projects investing those in the bay segment and want to be vigilant on reduction of all nutrient sources leading to the upper bay segments. This graphic just highlights some of the areas where We lost seagrasses over the current assessment periods and again areas where We are seeing the poor water quality conditions. And We want to get back beyond that bright gold line in near future. We dont want to see the decline of seagrasses because the barometer of the bays health and We are not in a good practice trajectory based on the last two assessment periods. We lose key habitats like that, that will ultimately effect important fish and wildlife resources that everyone expects the fish and estuary to have. We have indicators of fish and wildlife. Snook, red fish, trout that recruit into the estuary. Use these upper portions of the estuaries and habitats represented there to live out their life and grow up to adults that We later, you know, go out on the bay and try to fish and catch. So there are these warning signs out there. Overall, We made great improvements, but there is still work to be done. And that is sort of the take-home message of this latest state of the bay report that I wanted to translate to you all. And We recognize that the governments surrounding the bay and the surrounding agencies cant be the only one working on the issues. We engage the public in social marketing. Using water wisely, landscaping, avoiding impacts from lateral systems. Those social marketing campaigns are ones We are investing in and trying to work with our partners like the Cities And Counties on further reducing those loads to Tampa Bay. So I dont know why it is back to the beginning, but I promise I am close to wrapping up and can entertain any questions. But working with citizens on ways We can improve particularly waterfront areas where We increase the complexity of habitat using vertical oyster gardens or living shorelines. Those are the investments We are putting our funding for to encourage this to be expanded throughout the region. And then in the end, as I mentioned when We make the investments, We reap the rewards in terms of environmental stability that allow the estuary to buffer impacts from hurricanes and other events like piney point in the future. But as the bays stability continues to decline, you know, the tipping point for the ecosystem to take really big hits becomes more in peril. We have to continue to make those investments because they will come back and -- and two fold. Especially as it relates to the economic benefits of our region. As you know, Tampa Bay is the center piece of economy. It is important for many of the jobs within the region. So, you know, We stand to lose a lot of that economic impact if We have an unhealthy bay, We have persistent harmful algae blooms throughout the region. We will remain vigilant, make investments, and look to the future because We know the region is growing, and We have to compensate for that to ensure that the bay delivers what We want it to deliver in terms of economic and environmental benefits. I will stop there. I talked a little fast and You Guy have a lot of business but tried to fit it in ten minutes.

Joseph Citro 09:35:41AM

Councilwoman Hurtak.

Lynn Hurtak 09:35:43AM

Thank you for this. A great presentation and for people to know that we should be anything of algae blooms and how we -- and how we put wastewater or any type of water back into the bay. Thank you so much. I know that our Water Department is working on a new program. I think they are bringing to US next week. I am not sure. December. That is going to talk about -- I believe it is called the six. And they have been briefing me on this and one of those studies to see if we can take more nutrients out of the water before it goes back into the bay. Thank you so much for this and alerting US and letting US know what is going on. Appreciate it. Appreciate your time today.

Joseph Citro 09:36:29AM

Councilman Carlson.

Bill Carlson 09:36:31AM

Thank you a lot for coming. Great presentation. And it seems to me from media stories that something happened the last two years that changed the numbers in the bay. I wonder if you can say if that is right or not and what happened. Number two, Sustainability Officer who just walked in, he has said -- I will paraphrase. He said that the partially treated wastewater that we put in the bay is much, much cleaner than the Hillsborough River. Plus the Hillsborough River has many, many times more water. I dont know how many maybe millions of gallons a day or whatever. But my second question is, if the Hillsborough River is full of pollutants -- nutrients and pollutants going into the bay, something that the city should to do address the pollution in the river that is affecting the bay or is it not affecting the bay? Well up until 2016. I think some of the algae blooms that occurred in Old Tampa Bay are starting to catch up with US and affected seagrass resources. Since 2016 we have seen a decline in the seagrass resources due to water quality issue. Persistent water quality issues. Acute events. Piney point discharge released amount of nutrients into the bay and we saw ramifications of a red tide bloom in 2021. Certainly these acute events and the chronic losses of seagrasses reducing the buffering capacity of the bay to absorb those sort of impacts. That makes US take pause as a estuary program and, again, trying to encourage our investments for the long-term to get the bay back on track. For the second point, Hillsborough River, yes, one of the rivers that contribute fresh water from a large water shed into Tampa Bay, and one of the primary nutrient sources to Tampa Bay is stormwater and nonpoint sources. Working on projects with the city -- we actually have a project to look at restoring purity springs. Elaley springs and other projects the tidal creeks and urban conveyances to deliver the flood and stormwater from our urbanized environment to the river green system and some of the stormwater best management practices in those areas are an important step of getting the bay back on track. So it -- really -- our approach and success in the past havent been one particular smoking gun. It is trying to address all the sources of nutrients.

Bill Carlson 09:39:22AM

Do you know. Quick follow-up. Opening the springs for the flows, how many more mgds for the minimum flow of the river. Second thing -- what that is doing is putting more fresh water into the mix. But anything we should do more than we are doing now to try to prevent phosphate runoff or -- or to try to treat the Hillsborough River in some way or whatever is going in the Hillsborough River. Areas that were prior to some of the most rigorous stormwater rules that went in place in 1985. Areas there we can look at to restore the attenuation of stormwater that comes off of those areas. So we are trying to refocus, you know, some -- funding and effort toward improvements to best management practice or stormwater -- additional stormwater controls. I know that the city is investing in those in terms of baffle boxes and other vault systems to try to attenuate those nutrients from emanating from stormwater sources throughout the City Of Tampa jurisdiction. Such a large source that a lot of distribute projects are needed to make an impact.

Joseph Citro 09:40:43AM

Councilman Maniscalco.

Guido Maniscalco 09:40:45AM

Thank you, Mr. Chairman. I want to say thank you for the presentation. I served on this board for a little over four. I got to work with you and your predecessor and always very informative and eye opening. Everything from seagrass levels and what you showed to the quality of the water and what we are putting out into the bay and maintaining that. This is what is important. Environment, sea level rise, climate change, everything happening around US. If we dont take care of this, we can say goodbye to a lot and the environment is so important. The quality of our environment, the quality of our water. You finish with up with of the last slides, good, clean, healthy water supply is of such significance to US and future generations. But having said all that, I want to say thank you for being here and giving US this update. And we appreciate you very much, thank you.

Joseph Citro 09:41:40AM

Councilman Miranda.

Charlie Miranda 09:41:42AM

Thank you, Mr. Chairman. Ever a debate on the bay, I want you on our side. Without anything in front of you, you read like the whole statue on how to keep a bay in proper condition. We want to thank you for giving US that. I know that prior to 2016, that bay was better then than it was in the 1950s. I guess what you are talking about from '16 to that, it has become a little more polluted than we wish it to be. So if there is any way we can help out to help the environment and the things that we need to do in this country that we live in and throughout the world are not really being adhered to. Nature tells US what it can take and what it cannot take. It has telling US for years it cant take any more abuse and we dont listen too well. Thank you and your organization for doing what you are doing to make nature come back and have the water resources we have for many thousands of years to come.

Joseph Citro 09:42:42AM

Thank you very much for your report. I am with the Tampa Bay regional planning resiliency committee and we have done great work at MacDill Air Force Base of restoration of shorelines down there. You talk tidal flows. And every time Fdot decides to build a bridge across the bay, that dramatically changes our tidal flows. When they build the bridges, they gouge the sea floors. We have cypress point park, which has a huge gouge in it that can be restored. Restored by planting seagrass -- first level it out, planting seagrass and putting oyster bars which is filtration systems for our water. I am hoping that City Of Tampa can help resupport our seacrasses. Petition those here in the bay area that can assist US in the program. Thank you very much for your report today. Certainly think there are other initiatives that will complement the nutrient load strategies we have. One is to improving tidal circumstance lakes in the Old Tampa Bay region. That is a component to put that segment back on track for sure.

Joseph Citro 09:44:05AM

Thank you.

Joseph Citro 09:44:07AM

At this time, we will be taking public comment. If there is anyone in chambers that would like to make public comment, would you please form a line on my left, your right. Located 1112 east scott street. Paradise Missionary Baptist Church. God so loved the world that he gave his beloved son and who shall believe in him will not perish and have everlasting life. I know some of you dont accept that, but that is the truth. I thank God for my presence here once again. And we ask for public comment, but then most of the time you dont want to hear nobody out. But the thing about it -- im here today to talk to you all about the clean up project. It has been going on and the Mayor -- aint telling nobody in jackson heights to clean up the streets. Nothing there. As if they dont give a damn. Which we know they dont give a damn about Black folk neighborhood nowhere. I want to talk about this -- the retention pond. Yall talking about the -- we need to be -- have affordable housing. Give US our land back so we can build them up. Down 22nd street and all the other neighborhoods. We need to get our land back. Our land built up this country, and you treat US like we are nothing but animals. Treat US worser than human beings. The thing about it that we must understand, God created US. And we are created in his image and his likeness. I am proud to be who I am. I am not going to change. A lot of people dont like for me to talk about the Lord God almighty, the reason we are here. If it wasnt for him, we wouldnt even be here to talk about it. I thank God for this day. I might not be coming around here too much longer, but God is still good. He is good to all of US. And he love all of US too. We try to make things a disaster because we are certain creature of God -- oh -- want to be everything else but what God created US to be. God created you to be a man. Be a man. If God created you to be a boy, be a boy. If God created you to be a lady, be a lady. If God created you to be a girl, be a girl. The only way to accept it. We thank God for blessing. God has brought US from a mighty long day and as bad as you treat US -- some of US, I am talking about myself, the more God blesses US. I thank God for US. I will preach until I go to the graveyard, preaching the gospel of Jesus Christ. Thank you for your many blessing. Amen. God bless all of you.

Joseph Citro 09:47:49AM

Thank you. I would like -- I live at 1303 west hiawatha street in Tampa. Last year, Etbca agreed to put a roof on my 850-square-foot home. The cost was $12,500. The organization did additional work as well. The roof had a hump in it. Etcva contractor came back and charged Etvca $1,000 to check the reason for the hump. They did not stop there. The cost of replacing the hump that was missed the first time was $25,000. Bringing the total cost to $38,500. For the roof on a small home. When I asked the city for clarification, receipts, there was no response. Less than two years later as a veteran, I qualify for free roofing material. And a local roofer is donating their services to help the less than two-year-old roof off and replace it. My roof will be replaced next week, beginning Monday. Based on the information provided, I request an audit to be completed before any monies are approved. Inspector Howard inspected the roof and said contractor Victoria Hops did nothing wrong. There have been estimates from two other roofing companies with quotes. The estimated cost was $15,000. Not $38,500. That is my time. I want to thank you for allowing me to speak. God bless you all.

Joseph Citro 09:50:12AM

Thank you. I want to start by saying rhat I have a hearing problem, so if you respond to me, please speak louder. I own a company reeves building and roofing and been in business 45 years. My company is also in charlotte, North Carolina. I am part of your equal opportunity Mbe program and have been doing that for quite some time. I have done a lot of quality work for you, the City, okay. At this present time, the Housing Department had taken me out of the -- off the bid list to be able to bid on housing rehab jobs. Okay. There has been a lot of e-mails sent out and I sent stuff to you guys of how we feel about -- it has been about a year. We are filling -- and contemplating and to be honest with you, filing a lawsuit against the City if this matter doesnt come to an end, okay. Right now we are missing opportunities. We are in good standing with every other department, but we have been having problems with the -- with the nonprofit and, also, the housing project at Housing Department. They have gotten e-mails. And a lot of the e-mails that we September in, people who helped me went to the -- went to the attorneys office. Im here to talk about two things. One would be, I request information from the Housing Department in reference to how the Mbe component, small business, is tied into the housing. It is my understanding that the Housing Department right now is not following the ordinance. As I understand it, it reads that every City job, money, blah-blah-blah, contract needs to comply with the Mbe small business portion of the City ordinance. Today that is not happening. Two months ago I sent a letter out to the Housing Department to get some information to answer that question. My point is is this. I am asking you to look into my company, reeve plumbing, building and roofing and get me an answer why I am not able to bid on housing jobs today. If not, I have been asking this -- it has been about a year. So right now, I got to be honest with you. I have been told to say that we are contemplating filing a lawsuit against the City for what we deem May be a case of discrimination. My name is Mike Reeves. President of Mike Reeves plumbing and roofing. Thank you. I love my City. Thank you so much. If you have any questions, please speak louder.

Orlando Gudes 09:53:10AM

Mr. Chairman, I dont have any questions for Mr. Reeves, but I would like to be recognized.

Joseph Citro 09:53:15AM

Councilman.

Orlando Gudes 09:53:18AM

I see Miss Feeley and Miss Travis. Take note what they are talking about so when you come to the podium you suggest what is being done, what is not being done with any housing issues with any of the contracts moving forward US today. Thank you.

Martin Shelby 09:53:36AM

Mr. Chairman, if I can.

Joseph Citro 09:53:37AM

Mr. Shelby.

Martin Shelby 09:53:39AM

A reminder, Council. That Council per its rules, rules 4-k. Avoid any discussion of matters where the city is or likely to be a party in litigation without concurrence of Counsel. I want to bring that to councils attention.

Joseph Citro 09:54:01AM

No, thank you. Enjoy your day, guys.

Joseph Citro 09:54:09AM

Good morning. Reside 3606 east genesee street in rainbow heights. I am the president of Rainbow Heights Association. And I am bringing some concerns in reference to the gun violence, the shootings. I live right there at the corner of courtland and genesee. There is a church in front of my home where now the young men or whoever is shooting is -- is standing over in the church parking lot. Passing through, shooting down where the blue store is right there on genesee and courtland. I have asked numerous times to different CRA meetings, the public safety meetings to find out why we can not get that store shut down as a nuisance. The guys are standing there. I dont know what is really going on. But it is just really -- it has really exploded these past few months. With the shooting. And we have a lot of seniors that really lived in this community. I was born and raised in that same house. And to hear the seniors a saying how they have to fall on the ground or they are calling me -- I am at work. I work up at the school on chelsea and 34th. There are no officers out there. And we have our pre-k kids from ages three to age eight there. We have to sometimes come off the play area. It is just like a war zone there. We really need some support. I have even spoken to the Mayor. I last -- on Halloween night called and interrupted our State Representative's sleep. And I thank her for taking my call. And we discussed something about trying to purchase that store, either get it closed down and put some affordable housing there, you know. And it is just ridiculous. Nobody is there for our safety. I work at that school. And I can stand out there and watch the traffic and see how many times TPD is seen in the community. And where the shooting just happened, we havent seen them. We are documented. And I talked to Gudes as well. So we really need your support.

Orlando Gudes 09:56:47AM

Mr. Chairman, again, I dont want to address the public, but I see Assistant Chief Johnson, Deputy Chief Johnson and the major back there. I want to say this. Several times in CRA talked of cameras. I havent heard anything back about the cameras. I dont care of people this and that. They want cameras in the areas. The CRA has dollars and cents. We need to do whatever we need to do to get it done. I am glad -- the recent incident on sligh avenue with one of the schools. We talked about the Day Cares. I believe that is working because the chief told me they implemented that. That is good that that is going to happen to alert the day care of these issues and private schools. And they should. I am glad that is happening now. Also I talked about with the CRA and reference of chelsea street to look into buying those properties. We have dollar and cents in our CRA. We need to start purchasing property like I said before. I know we dont have a lot of people but outsource to get people to do these things. There is a community who is stressing a need and they are tired. I dont want to mary about we dont want to put Black people in jail. I dont want to hear. The Black people in the community are tired now. They want to be safe. They want Police over there regardless. So I am hoping that you will be able to address -- not today, but address to the Council in the future of some strategies we can do over there with extra patrol, extra cameras, but the community over there is asking for cameras. My thing is we have dollars and cents. Lets make that approach and do what we do as a deterrent. Housing Department is here. I will show a video that other places are doing things. They will queue that up and other strategies that other places are doing. We are far behind with other cities of what they are doing. Miss Travis is here. I know she is working hard and I tonight want to put extra work on her, but things that my friends have sent me from other places that they are doing. I am going to present that a little bit later. I want to you look into the issues, get back with this Council. She has been calling for years now and you know her. Talking about her family -- I dont care about -- her family do something wrong, she will tell it. She dont care what the family do. If they are wrong, she will tell it. She deserving to be safe and somebody in the community. Just in sight of the Store that she is talking about. We tried to do an abatement on the Store. The Store, a small plot of land. When things occur, they May not occur on the actual site of the Store. When knows go there and hang and then stuff goes on, it actually happens off of the property. So that is kind of been a sticking point on trying to get that Store through the abatement process.

Orlando Gudes 09:59:47AM

We tried. I know about that. 2021 -- 2020 we talked about -- the 15th street store. Some of the stores that I asked looking at closing them down or buying them. A strategy with the Police Department and housing to see to get those places in the bad places and the city takes control of them. Exposed, I run the Crb from my secret underground lair. I have to respond to some of the comments by Officer Brandon Barkley. He accused me of being motivated of hatred to police officers. On the elmo -- it is not on the screen. Right for my donation to Officer Mattison's memorial fund. I was struck by this. I didnt know the man, but I was struck by his act of self-sacrifice. And to hear some member of TPD stand here and tell me that I hate -- that I hate police officers is uncalled for. He also told You that I am quote, unquote, met extensively and had several meetings with Crb member Carlos Valdes. That was dishonest. I spoke with the man for 30 minutes in July and havent spoken to him since. With dishonesty. I have to put Officer Brandon Barkley on a list -- if I am on a jury and the only evidence against a defendant is him on the stand saying he saw the defendant commit the crime, I have to acquit that defendant because I know he will be dishonest and say something that isnt true. A public safety problem, isnt it. Where You have -- where juries need to be able to trust the words of TPD officers. That is why You need the ability to check their work. You need to have the ability for the Crb to issue subpoenas to nonofficers to see if what they are saying is true and comforts with the evidence. I think it is weird that somebody from the Police Department was doing personal opposition research on me personally, a private systemed a vote skating for change. What else was he going to do, say the Crb is better off with a conflicted lawyer or the Crb will make better decision with evidence and those things wouldnt stand and they had to create this villain narrative. Not too late for You to do the right thing. I wanted to respond with some of the this I think so that Judge Salcines said. One thing that wouldnt go over your head, he said You have the home rule power to give the board he subpoena authority without amending the charter. You did it with the Code Enforcement magistrate and the Code Enforcement board. Two years ago, Gina Grimes told You did not have the power. Judge Salcines himself told You do have it. I en scourge You to go back to the city attorney and ask if that is true. You can craft subpoena powers so it doesnt conflict with the State Attorney's Office. There are ways to do it. Broward county did it in its ordinance. Coordinate with the State Attorney's Office. But almost never happens. Themselves is a subject of prosecution and there will be a problem with immunity if You subpoena them. It is not too late for You to do the right thing and I sure do hope that You will. Thank You.

Joseph Citro 10:03:23AM

Thank you. I guess -- who I am positioned to give 24 to. Dear City Councilmen, my name is Mary Browning. I have shared my challenges related to the contract of my home --

Charlie Miranda 10:03:52AM

We cant hear too well. Raise up --

Orlando Gudes 10:03:56AM

Talk a little louder. I have shared my challenges related to the contract of my home. So I wont go over that because time is limited. Im here today because I ask you to not let this happen to another senior in Tampa all the East Tampa Business Civic Association was not directly involved with this challenge of my home, the Contractor worked on county and city projects of East Tampa Business And Civic Association. I went to Diane Hart for her help as my state representative and as part of the East Tampa Business And Civic Association, she told me she did not want to get in the middle of it. And she didnt help. The city cannot help me, but you can help keep this from happening to seniors with tax -- with city tax dollar funds to another organization that causes -- that cares about the people and not the Contractor. Thank you.

Joseph Citro 10:05:15AM

Thank you. I am Fran Tate. An east Tampa homeowner. I lived in east Tampa for 17 years. 15 years ago I organized a Community Crime Watch in jackson heights. That has become a functional neighborhood association for the last ten years. Also I have been reelected as chair of the community advisory committee of the East Tampa CRA. As you know, these are not paid positions. I would not have obtained and opinion reelected to the positions without the community knowing that they can put their trust in me and that I will speak up for them in all honesty and sincerity. Finally, I am a 30-year employee and I am so proud of the Moffitt Cancer Center. I continuously advocate on behalf of patients and their families. Im here today to speak on agenda item number 5. And to speak up for the community that I love and diligently serve in. You know, it deeply disturbs me and saddens me to hear stories that I hear here today of community seniors. Community seniors who have paid their fair share of taxes and now need simple home repairs. I can truly say to all of you their stories are not strange to me. I have heard them myself. I have answered phone calls. I received videos concerning leaking roofs. And I have advocated on their behalf. My community is fearful of retribution. Therefore, I am speaking here on their behalf today. I have no fear. I dont know what that means. I have to advocate, I have to serve, I have to protect. As the community association president, Cac Chair of East Tampa CRA, and community advocator, I am respectfully creating the homeowner-occupied rehab funds be awarded through a Rfp. It is only fair. A fair way to have this process -- to have this process happen. If not, I know sometimes you all dont agree with the community. I ask that you send the CRA funds back to the CRA to be included in the homeowner-occupied rehab funds that interest in the current CRA budget. I thank you for your time today and for the rest of my life, I will continue to advocate for my community. Thank you.

Joseph Citro 10:08:33AM

Thank you. 4904 32nd street. Im here to talk about -- I volunteer a lot of my time. And there are several boards that you have that people volunteer their time. Time away from their family. Also time away from their business where They can make money. But then They come forward and make their recommendations, again, just recommendations. You May take Them. You May not. But at least make sure that these folks are it shall feel like their time was well invested. Now there are some folks who say that there are only two or three people from east Tampa that come up and speak. And that is probably true. And there is a lot that can be said about the fear in the community. We had a Gentleman just said that opposition research was done on him because he spoke. If he is a professional, what do you think the average homeowner who May work for the city, who May be in fear of coming up here to be able to say what their opinions are, what their challenges are, because there is retribution that is out there. If They can go after a Sitting City Councilman, They can go after me. They can go after everyone here. Take it in your heart to understand there are a few of US that, yes, we stand up here, who, you livelihoods do not depend if someone in the community comes after US to listen and take heart to what this he do. I will say also the Nonsubpoena Power was concerning for me for not taking our recommendation. Just the other night, I was turning left on hillsborough and 22nd. I was sideswiped. I turned on the hazards. Didnt want to top at hillsborough avenue to turn. The Police Officer came after me. He was behind US. He said, yes, I saw the Gentleman hit you. But he came after me. He said you were fleeing. I said my hazards were on. I just turned the corner. Now I am shaken up because someone hit me. Now who -- if that Police Officer had escalated had not been people there, who was going to review that Police Officer? Someone else to went to the academy with him? Someone else who -- because it could have gotten bigger because why come after me because a famu tag because you know I am african-american. Because I dont have tinted windows? I dont know. I respect police officers. I believe that their job is extremely difficult. But I do fear every time the lights go on behind my car. Regardless -- I have not done anything. Not speeding. Not do anything. But you just as driving Black in america is dangerous. So for you to be able to not allow at least to have transparency and accountability outside of their own is a challenge for the community. And They can not come up here and speak and know that you will protect Them if you are not even taking the recommendations for the people it was hard for Them to probably make that recommendation because even if They were Black and brown, They know it will follow Them. Thank you.

Joseph Citro 10:11:47AM

Thank you.

Orlando Gudes 10:11:50AM

Mr. Chairman.

Joseph Citro 10:11:51AM

Councilman Gudes.

Orlando Gudes 10:11:53AM

Chief Johnson, can You make sure that -- that Miss Alison Hewitt had a police report filed and whatever. It was a hit-and-run. We have two types of hit-and-run. And make sure that -- make sure she was -- to make sure we have the right thing going on if You will do that for me. Thank You. For a while in east Tampa, there has been a big push to jump start revitalization. And it is so wanted. One of the major concerns in the air are some of the programs rendered under the auspices under the City Of Tampa. My concern is that we need a more effective process to accept, to score, to inspect the scope of work, to evaluate these invoices, complaints with a quality assurance component. We owe that to the citizens, particularly the seniors, the most vulnerable group in this district. We owe that to them. I spoken with several of them and they addressed concerns of the contractors. Like some of You, they are afraid. If they publicly saw a public servant go under attack for not necessarily agreeing and going forward, what do You think will happen to them, they said. Regardless of what that paperwork says, they believe that the government can take their home because they accepted free work. These are seniors. They have all kind of conspiracy theories particularly for african-americans. They are fearful to come forward. I am coming on their behalf because I dont have fear. You cant get blood from a turtle. Come after me. Regardless of what the paperwork, they are fearful. Why would they need to come down and fight -- or even give them the requested to fight for what is right. We heard from some in the room today and these people have paid in taxes over 30, 40, 50 years. We owe that to them. They paid in and all they are doing is trying to benefit from the tax dollars they paid into. We heard from some of those members today in the community. You have seen some examples -- at least I was essentially those examples. Do You think those costs are acceptable as tax paying citizens. Do You think those costs represent good stewards of our dollars and taxpayers. I went on record that You have the information and it shows we are being irresponsible. I am asking for another process. Not improving another rfp opens the floodgate for more media exposure and helps to open up potential litigation under the auspices of the City Of Tampa. The works gets out You dont have to be accountable when You submit an invoice. It can be exorbitant amounts of money. Nobody has a process to do the right thing. Pull it off the agenda, make it go to the rdc. Somebody internal that can look at a home 860 square feet and no he it is exorbitant amount of money for it to be $36,000. Somebody should know a water heater doesnt cost $7800. The same amount shouldnt be on every single invoice. There is issue but the City Of Tampa signed off, rubber stamped their signature without a process. We need that in Tampa for those seniors. Today I ask You to do what is right. You didnt listen to US Tuesday, but imperative You listen to US today. The most vulnerable people in the city and we need for You to help. All we are asking pull it and make it a more effective process. Thats it. You shouldnt be afraid to do that. Thank You.

Joseph Citro 10:15:26AM

Thank you.

Orlando Gudes 10:15:27AM

Mr. Chairman.

Joseph Citro 10:15:30AM

Councilman Gudes.

Orlando Gudes 10:15:32AM

If the council allows, that we wait until your item comes up and a lot of things going on with the Housing Department to rectify some of these situations and talk about them. If you would. Thank you, Mr. Chairman. I just want to bring to your attention that of all the voices of african people here this morning, not good news that is coming out of our community but a bunch of pain. Pain that sometimes is already orchestrated not by them, but by those that control the dollars. We have seen this process for so long, those of you who are not students of history, I would hope that you would take time to go back and just research how J. Edgar Hoover and even our dear friend Bobby Kennedy sat up, spied on, caused confusion within the Black community, Black Leadership, Black Organizations so we can have just what we are seeing here today. What is controlling all of this is lack of hope in our community. You can bring 1,000 cameras, but you are not going to stop it. Neither do we hear anybody from the administration talking of real opportunity for all the people. We did the drug marches. Sent people to prison. Enhanced penalties. And we are still dealing with the same issues. We watched our own children, charges being enhanced because, you know what, they were identified as criminals or either they had active mothers that just wouldnt shut up. So we are experiencing this over and over again. So I will say our new enemy in our community that can solve these problems will come from mr. Bennetts office, followed by the Mayor doing the right thing. Wont do it. Because she dont have any political ties to this community, this Black community. So we are constantly struggling over the same peanuts over and over. If we got some real housing problems in our community. And this is not the first time you have heard it. The money controlled by the rehab -- the department comes through the city. The city controls it. The city determines which houses it is going to be -- the city writes off on it at the end of the day. So the Nonprofits are being used in our community. When you didnt want me to be the CRA leadership there, we had the same course jump up. Stop it. This is a divided city that has not done anything for Black people but allowed certain Black puppets to bark in the citys behalf. We are sick of it. Hopefully come March of 2023, even if we dont win, we put out a resounding voice through our vote that we are not going to be puppeteers for this administration. Bennett, do your job. Thank you.

Joseph Citro 10:18:50AM

Thank You. Robin Lockett. Thank You, everybody. Crb. Elected officials -- keyword is "elected." You have the obligation to look out for the best interest of your constituency. Not fall under the pressure of a couple of individuals over breakfast or lunch. This is déjà vu to the housing situation that was brought before You a couple of months ago. You didnt have the will to put it to the people to let them vote on it. You made the decision to say that it wouldnt work. You made the decision to put obstacles in. Thank You, Councilman Gudes, Councilwoman Hurtak for your bravery in voting the right way. They werent asking for You to make the decision Tuesday. They wanted the community to make the decision. But You didnt -- You didnt allow them to do that. Disgust, disappointment is coming from the community just like Connie just said. We can come up here every week to say the same thing to You. And You give US those stone faces and do nothing. Promise US behind the closed doors. Because I lobbied a lot of You, right. But when it was time for it to happen, You cowarded -- You were cowards and You cowarded out. Election time is coming. My organization -- that is why we havent been here. Because we are out getting people elected. We are having a big March Saturday. Come out. Come out and see the March. And see what You will be up against in March. Because it doesnt make sense for You not to do the will of the people. And You be pressured under lobbying the last conversation that You have that threatening You from what I understand. I dont know. Because I am not in those conversations. But if You cant find the motivation to do your job and that is look out for your constituencies, that one lobbyer cant vote You in. It is a multitude of the community that votes You in. [Bell ringing] thats it.

Joseph Citro 10:21:32AM

Thank you. Always have to say uhuru, means freedom in swahili. We, as african people, should be thinking of our freedom. Never be ashamed to step forward to live, die, struggle, do whatsoever for our freedom. I am so proud to see all these african women here today. I am so proud to see that. To see you have beat down the african men, in prison, scared to come out. White folk scared to get out. That guess staff poe operation going on right now. This man right here, Chief Bennett, Mr. Bennett, whatever they call him. He pulled something that was so offensive and so nasty and so threatening right here in the City Council when he took a picture and showed of Orlando Gudes and the mayor before a vote. What is that supposed to be, a threat? Supposed to be intimidation? Supposed to show capitulation. Is that supposed to be look what he was then and look at him now and how he vote to show some dishonesty. The commercial against ana paluna ,and the man says I was in the military. I did this. I did that. And rerunning a commercial and it is saying gay, gay, gay, gay, gay. Thats hateful. What you are doing to the african community and what you have been doing to the african community is hateful. Hey, man, I have been around 60 years. 65 years, going on 70 years. All kind of craziness and all kind of dumb housing programs. Lottery. Stand in line. All the way back to mayors that people dont even know. Mayor Poe, Greco, Sandy Freeman. Way back. The guy that went up for governor. Hateful what you all are doing to african people. It needs to stop. All the things you are talking about, we need cameras, we need this, we need to buy this business and do that. You know, White people dont have the same concerns, but you have to know at the top of the level is -- the top of the line is, this City Council or no other City Council, they dont care about that. They want the city. They want the Black community to go under. They want the Black community to devolve so they can move in with gentrification. That is an official program. An official program so Black people coming down here week after week, year after year, decade after decade begging, it is doing no good. They made a big issue of giving somebody -- getting an attorney and an independent attorney on a board. Hey, this is america. That shouldnt be no big deal. Nonwhatsoever. But what you all guys are doing, its -- it is so hateful. So anti-black. Until we african people can have a united voice and say we want reparations, not only from businesses and the federal government and the state government, but from this City Government. When we have that united voice, that is where it is going to be at.

Joseph Citro 10:24:50AM

Thank you. Mr. Shelby.

Martin Shelby 10:24:53AM

Yes, thank you, Mr. Chairman. Martin Shelby, City Council attorney. I want to remind the chair and Council and members of the public, please, rule 5-f, which states in part, speakers should refrain from launching personal attacks against any city official, City Staff member or members of the public. Comments to the Council as a body and not to individual councilmembers. Just a reminder of that, Mr. Chairman and Council, please. And thank you members of the public.

Joseph Citro 10:25:22AM

Thank you. I believe We have four speakers online. Just two. Who are they? Mr. Randolph, are you there? My name is Michael Randolph. And I am with the West Tampa Community Development Corporation. I want to start off first by thanking the nation for attending our most recent meeting on refusing street violence and national approach. Those areas include California, New York, philly, New Jersey, South Carolina, Virginia park, dc., Baltimore, and philly. Some of the most violent neighborhoods in the nation came to the table to talk about what they are doing. I especially wanted to thank Councilwoman Hurtak and City Council from st. Pete for attending that particular meeting to learn about what is going on around the nation. The meeting was dedicated to those who have lost their lives in the streets and their families, those who live in fear, and more important, for those who are looking for a solution. Among those that attend was the Tampa Police Department, the Housing Authority, Public Safety Committee, the Health Department. Yes, both republicans and Democrats. Department of Justice. Department Of Juvenile Justice. And other agencies that attended. What We learned from that is that it is going to take the streets to save the streets. I want to thank everybody for attending and I apologize that We had 66 that were supposed to attend. 30 did attend. The rest were not able to get in because of zoom. We are going to do a follow-up meeting because We did get a concern from Residents that want US to do an evening meeting. What We do know, there are solutions to deal with the madness in our community. And We show that have people from around the country as to what We can to do solve the problem of this crazy thing in our neighborhood. But it comes to the community. Taking back the streets. Thank you so much. Have a good day.

Joseph Citro 10:27:44AM

Next we will have Miss Waymouth.

Clerk 10:27:50AM

Miss Tina Wayman, you have three minutes to speak. Please unmute yourself. Miss Wayman, you are unmuted on the webinar. So you May have your personal device muted.

Joseph Citro 10:28:28AM

Councilman Carlson.

Bill Carlson 10:28:42AM

Yes. I am very disturbed by some of the comments this morning. We have heard rumors that members of the City Staff has done opposition research on City Council members, but this morning we heard that potentially a staff person did opposition research on a member of the public. I would like to make a motion to ask the Tampa City Council attorney to enact Tampa City Council investigative partser ins in the charter if any City Staff on city time or devices were involved in the opposition against James Shaw and why.

Joseph Citro 10:29:18AM

Is there a second?

Lynn Hurtak 10:29:26AM

I will second.

Joseph Citro 10:29:27AM

We have a motion made by Councilman Carlson. Seconded by Councilwoman Hurtak. Pardon? All in favor --

Guido Maniscalco 10:29:41AM

May I speak.

Joseph Citro 10:29:43AM

Any discussion.

Guido Maniscalco 10:29:44AM

Yes. So opposition research meaning what, social media, text, you know, which would be Facebook, Twitter. I know Everybody is pretty active there.

Bill Carlson 10:29:57AM

The point is someone under the direction of the officer of a city or on city time and city devices did research against a Member Of The Public to push a political agenda I dont know what laws that might break, but people -- people have first amendment right to do whatever they want on their own time. My question is, I have heard so many rumors of opposition research being done, that -- that I think we should look into this. If an outside researchers finds that nobody is it on city time and city devices, then fine. We have an obligation from the public to not people afraid. Several members of the public said they are afraid of retaliation by City Staff. I mean this is the united states. People move to the united states so that they wont be in fear of retaliation by government. And we have a Member Of The Public who claims he was retaliated against and others who are hinting that other people have been retaliated against. I want to make sure that if somebody from the city did that, that it was on their own time. And not on city devices, but if somebody paid by the city or directed by the city did research on Mr. Shaw, I find that reprehensible and against basic american values of democracy.

Joseph Citro 10:31:21AM

Councilman Viera.

Luis Viera 10:31:23AM

Thank you. Can we get this brought up maybe at next weeks hearing so I can talk to staff on the Rep Percussions on this? I -- if someone is using city devices and city time for issues like that, that is obviously problematic, but I am just worried of unintended consequences. I understand the point of it, but maybe can this be brought up at the end of the meeting. Again, I want to have all proper deliberation with this.

Bill Carlson 10:31:52AM

I am find if the seconder will go with it. Mr. Viera -- Councilman Viera, you have a lot of background in civil rights. So it would be great if you would support this. But I made the motion. I would just ask that we bring back this motion for a vote at next weeks meeting.

Luis Viera 10:32:12AM

Sure.

Martin Shelby 10:32:14AM

Next weeks meeting, Madam Clerk.

Lynn Hurtak 10:32:19AM

The CRA.

Bill Carlson 10:32:20AM

Do it at the evening meeting.

Martin Shelby 10:32:26AM

Pardon?

Bill Carlson 10:32:29AM

I want to put it on the agenda for a meeting. We can put it in two weeks if We want.

Martin Shelby 10:32:34AM

November 17.

Lynn Hurtak 10:32:36AM

I wouldnt go along with that, because I -- I am not quite sure I will be able to attend all of the November 17 meeting. I -- I am fine with just -- again, just because We put something on the agenda doesnt mean that it is going to be solved right away. So I think the idea of approving this motion is really not all that difficult and We can get more information afterwards, because that is generally how our motions are made. We are making a motion to get more information, or at least that is what I understood it to be.

Joseph Citro 10:33:10AM

Councilman Maniscalco.

Guido Maniscalco 10:33:11AM

Thank you very much, Mr. Chairman. This morning I heard gun violence. I was at Reagan park the other day. Councilman Gudes and Hurtak were there. I heard of this Rehab Program and our seniors. But we are focused -- these are real serious problems on top of housing. But we are focused so much on retribution, revenge, vengeance, getting even. All we do is fight. All we do is fight. People are coming here with serious issues not just east Tampa and the entire City Of Tampa. All it is constant threats. Constant something or conspiracy or whatever. But we have real issues to solve and we waste so much time on -- on fighting.

Joseph Citro 10:33:55AM

Councilman Gudes.

Orlando Gudes 10:34:00AM

Mr. Miranda had his hand up.

Charlie Miranda 10:34:03AM

I am listening intensely and allegations moving forward. Before I go further, They need to be looked at and reviewed to make sure all the facts are there. Not that what They are saying is not factual, but in life you tell somebody else and by the time you go three down, change from a battleship to a full atomic war. So it has got to change and find out what all the facts are. Allegations about roofs. Allegations about paying They times the amount, $38,500 for a 800-square-foot home roof is way out of line. $25000 is way out of line. Maybe $14,000 is still out of line. 1800 square foot roof -- I dont know how many -- but the roof costs by the square. If They did the job right or not, I dont know. A hump before, I go he is a hump afterwards. The hump wasnt removed and charged him against -- I need all the facts regarding not only that case but the allegations that we have today. I am not opposed to it. And I want to see all the information come in before we start a full-blown investigation.

Joseph Citro 10:35:11AM

Councilman Gudes.

Orlando Gudes 10:35:13AM

I can see the point, Mr. Carlson. And other avenues, Mr. Carlson, before we can get to that level. I do know -- and I am candid. Opposition -- things against me, Mr. Miranda. They went to the Union and they said no, we wont do that. That is true. That does happen. What I will say if -- you have an Internal Affairs unit that -- and even though an officer does work for the Union at the time, they are still a police officer. And they still are held to those standards as well. So in reference to Mr. Carlson's motion is done, if Mr. Shaw wants to file a complaint or Assistant Chief Johnson and heard it what the allegation -- potential allegation, they can write a service level complaint and have that looked at and sent over to Internal Affairs. I think that is one avenue versus the whole blown -- to get an outside attorney. But any officer, no matter if they are part of a Union or not, they are still under the rules of Internal Affairs regardless and can be sent over to Internal Affairs for investigation.

Charlie Miranda 10:36:25AM

I agree with that.

Joseph Citro 10:36:27AM

Councilman Carlson.

Bill Carlson 10:36:29AM

I will say to Councilman Maniscalco. You implied that the civil rights of our citizens are not important. Sure there are other issues here, but the most basic right for americans is civil rights. If someones civil rights were breached, I think that is an incredible violation. We heard a lot of violations -- but the first specific example that someone said it publicly on the record and concerns me. Councilman Maniscalco you keep over and over again saying you wish there was peace and people start fighting. You are implying that we or I are causing that fighting. I am not. I would like to ask you to tell the Administration to stop fighting with US. Ask them to come apologize to US. Why are they doing opposition research on US. Why are they doing opposition research on people. Why is the staff and mayor bringing in people to speak in favor of the -- the renting while Black program. Dirty politics. And we should be able to have a straight-on conversation and discuss and the Executive Branch should -- the separation of powers. This display of power.

Joseph Citro 10:37:43AM

Councilman Carlson, can we please move forward.

Martin Shelby 10:37:46AM

I am sorry, Mr. Carlson -- Mr. Chairman, are you pulling back Mr. Carlson from the floor.

Joseph Citro 10:37:53AM

Yes. I am -- no, I am not. I am saying we have to move forward. We still have a motion on the table. Councilman Carlson, are you still wanting that motion to be voted on or pulling back the motion.

Bill Carlson 10:38:05AM

Yes, I would like it to be voted on, please.

Martin Shelby 10:38:08AM

Wait, I am sorry, mr. Chairman.

Joseph Citro 10:38:11AM

Mr. Shelby.

Martin Shelby 10:38:15AM

If Council wants to vote on it, thats fine. But this is something that is off the agenda that came as.

Joseph Citro 10:38:28AM

The sooner we get resolved, we can get to the agenda, the reason most of these people are in the audience. Councilman Viera, please make it quick and then go to Councilman Miranda.

Luis Viera 10:38:38AM

Again -- can we have this voted on at the end of the meeting instead of going on -- would that at least -- to at least have it done today but at the end of the meeting.

Martin Shelby 10:38:48AM

Is that a request for the form of a motion.

Luis Viera 10:38:52AM

Request.

Joseph Citro 10:38:53AM

Councilman Miranda.

Charlie Miranda 10:38:58AM

Any allegation done public happen here today. I agree with Councilman Gudes. Talk to the Internal Affairs Department. They do the investigation and bring back a report. Based on that report, if we accept it or not accept it, you do something else. Whatever it May be. You need a starting point. Let those that are trained for that do their job. And without other hesitation, I agree with Councilman Gudes, that is an allegation based on something. To clear the air or to take the pollutants out of the bay, we have to do this to make sure everything is fine. And those police officers, whether they are in or out of the union, took an oath of office to do what they are doing now. I agree with Councilman Gudes. That should be the first step to find out what the realities are of life. I myself many times in the past have Internal Affairs come in to see me regarding a police officer. I had to testify for what I knew and what I didnt know. That went on. This is years ago. So that went on, whatever happened to the case, I really dont know.

Joseph Citro 10:40:04AM

Councilman Gudes.

Orlando Gudes 10:40:06AM

I am sure right now the Internal Affairs captain is watching this video and started already, I can assure you. That is pretty much how it works. I am sure somebody from the command level will be looking into this right away, Mr. Carlson. That is my perspective. Lets see when it comes back. From there, you May take the next step, but let the Internal Affairs Unit with the Police Officer -- still as a Police Officer. And I know people dont believe in Internal Affairs all the time, but sometimes it does work. I have seen sometimes it doesnt, but nine times out of ten, it does work. That will be my recommendation you too. If you want to make your motion. I have no problem with that.

Joseph Citro 10:40:49AM

Councilman Maniscalco.

Guido Maniscalco 10:40:51AM

What I mean lets stop fighting. All-inclusive, here, there, in the public, we are not getting anywhere. I am not singling out anybody or a single body. Enough. Thank you.

Bill Carlson 10:41:05AM

Can I clarify the motion real quick. To look at Staff not the Police. In other cases we heard of, other Staff has supplied information -- this is not about the Police. It wouldnt be covered to look into internal investigation wouldnt cover it. It is possible that Police were not involved in the opposition research. Possible someone else was. So to look at all Staff, not just Police.

Joseph Citro 10:41:30AM

Councilman Gudes.

Orlando Gudes 10:41:32AM

I am thinking that Mr. Shaw made a statement in reference to the vice president of the union. So he is still a part of the city. And he is still a part of the Police Department. So thats why I am looking at, he is still a part of staff, regardless. He is working with the Police Department. He is an employee of the city. So I get what you are saying, but I think from this space, the allegation that was made today. If you are saying you want to look at other stuff and other things that happened, maybe that is a different motion. I think what I am hearing and brought up was about the issue right here with Mr. Shaw.

Martin Shelby 10:42:04AM

Madam Clerk.

Joseph Citro 10:42:09AM

Mr. Shelby, you are recognized.

Martin Shelby 10:42:11AM

I want to be clear on the motion and certainly there are a lot of compon able to comply with this. And certainly will take some investigation on my part to find out. Certainly if it is an Outside Attorney, budgetary and the like. This section, in my experience as City Council attorney has never been invoked. So this would be something that would involve some report to Council as to what the process would be. So I just wanted you to keep that in mind. Certainly Council is free to express its desire under the process of making a motion and we will be -- I will be able to report back as soon as possible. If you want to hold it, I can perhaps do it during lunch today and have is the opportunity. But that is your call. If Council wants to express its sentiment now, I understand that as well.

Joseph Citro 10:43:09AM

Councilman Miranda. One last round of discussion, please.

Charlie Miranda 10:43:13AM

I appreciate it very much, Mr. Chairman. If I remember the text -- and I think Mr. Gudes said it in a very nice way, that with as a good citizen making an accusation against a good officer -- or whatever the deal was. And it is up to the Internal Affairs to start that investigation. Where it goes I dont know. I have seen some of those done many years ago and not many, but they are far in between. And when I tell you they do a thorough investigation, they do a thorough investigation. We have already that staff on hand. Let them do the investigation report back to US. What more can they have.

Joseph Citro 10:43:54AM

Any further discussion. All I know is -- are you finished? Are you finished.

Bill Carlson 10:44:05AM

I want to repeat again --

Joseph Citro 10:44:07AM

You are finished, please, You are recognized.

Bill Carlson 10:44:10AM

Not necessarily about the police, and staff and finding out if everybody on staff did that. To make sure that -- affecting somebodys civil rights is the most basic american right. And I dont understand -- by the way the City Of Tampa is under the second civil rights investigation of the Department of Justice in seven years. And I think we have to protect civil rights. If this is not the process and this fails, which it sounds like it will, I hope someone else will provide something else. We tried the other day to protect civil rights and failed. I hope we will find some way to do this.

Joseph Citro 10:44:45AM

Councilmembers, the last round of discussion. Councilman Viera.

Luis Viera 10:44:48AM

Again, I think it is proper to vote on this at the ends of the meeting. I have a question for Mr. Shelby on civil service issues, etc. And the scope. That is my only request. Whatever.

Joseph Citro 10:44:59AM

Councilman Gudes.

Orlando Gudes 10:45:02AM

If you give deference and let Mr. Shelby research the charter and maybe lunchtime, he can come back at the end and discuss it then. I agree are Mr. Viera on this one. Let Mr. Shelby tell US what the facts are, what we can do and what we cant do. We look at that and take a vote.

Bill Carlson 10:45:24AM

I will withdraw my meeting and present at the end of the meeting.

Joseph Citro 10:45:29AM

We are moving on to staff reports. There are a couple of this I think so that have been asked of this Council. We have a walk-on agenda item We We were going to take first. We also have a -- another item, number 35 that We were going to be asked to be taken during staff reports. And We also have a request from Chief Tripp to hear 3 up at the beginning and agenda items 8, 9 and 10, because she also has to be somewhere else. What I would like to do at this time, if I hear no objections, take the walk-on agenda item first so that our state representative can go about her duties. And then go on to Chief Tripp.

Luis Viera 10:46:20AM

Chair, if I May.

Joseph Citro 10:46:24AM

Excuse me, I apologize. We will take Councilman Gudes walk-on agenda item first, because you said that would take such a short time.

Orlando Gudes 10:46:33AM

Yes, sir. And just for the public -- that is --

Luis Viera 10:46:37AM

Just for the public and why I ran outside. I agreed to give some award for the Florida State Fair. I thought it was the Florida State Fair 12 minutes away. Turns out it is in dover. I found out -- yeah, I didnt know it was in dover. I know, I know. I was trying to call to see if things can get pushed. But I probably should leave here around 11:10 or so to get there by noon. Again, my apologies to the public. I will try to get -- when I made that commitment for the noon, I thought it would be shorter. My apologies. That is why I ran outside. Thank you.

Joseph Citro 10:47:14AM

Councilman Gudes.

Orlando Gudes 10:47:16AM

As you know a vacancy that has occurred. Mr. Joseph Johnson on our finance -- Finance And Budget Committee resigned. My duty to appoint another person out of my district. Alison Hewitt is known in financing and budgeting to be appointed to the committee.

Joseph Citro 10:47:36AM

A motion by Councilman Gudes. Seconded about Councilman Miranda. All in favor. Thank you. Lets go to -- with councils approval, lets go to agenda item number 5.

Charlie Miranda 10:47:52AM

We cant take 8, 9 and 10, its quick? Agenda 5 and some other things that have been said.

Joseph Citro 10:48:16AM

Representative hart. My name is Diane Hart and I am representing East Business Civic Association. My heart bleeds this morning. I have been doing the job since 1999, and never have We ever had this type of accusations against our organization ever. When people talk about coming to council and speaking to You all, I live in the community. I was born and raised in the community. Nobody is afraid to talk to me. You heard the lady say she called my house at 10:30, 11:00 at night. I never turn off my phone. I answer it every single call. No matter what time it is. Because it is my community. But to be accused of doing sub standard work. Have a Contractor say hes being discriminated against because We are not doing their mbe or the wmbe and not allowing him to have his right. When You have a Contractor working in this program, and he had 17 jobs since 2019, he was suspended twice -- lets say, he was put on probation twice for substandard work. He was suspended from the program twice. This last time was doing work while he was sill working for US. So not the first time that he told me he will sue me, East Tampa, City Council. How how do You sue US when We have every single item documented just mike We decided one day We are going to suspend You. No, over long periods of time after meeting and meeting in my office with me, the general -- the Contractor on record for our organization. And my staff. And We tell You what sub standard. We dont write You up. And We just let You go back with a promise that You will do better. But You can only do that so many times. So that was the reason why We could no longer allow him to work with East Tampa Business And Civic Association. That was number one. I am sure the City will speak to it. And they have it in great detail. Let me speak of Miss Browning. Miss Browning got a private Contractor work on her house. A another citizen called me and said can You please come and just talk to the two sides and see if You can bring some -- something solvable to this issue. I said yes, only because I am born and raised in the community, not as a representative, not representing East Tampa, but as a person in my community. So I met with her and the Contractor. Under the pretense that I thought they had reached an agreement by the time I left that house. To find out later after I left, their whole agreement fell apart. They got into an argument and everything went -- left. But I need the City to understand, East Tampa Business And Civic had no part in the building of her house. He contracted with a Contractor. Just so happens the Contractor works in the program. But everybody knows that in order for a Contractor to be on good footing with the City Of Tampa, they are vetted. The City investigates anything that they get as a complaint about about a Contractor associated with the program. Miss Browning's house had nothing at all to do with a rehab program. It is a new construction. And I can tell You personally, because I went to talk to both sides. They had no real agreement, which baffled me that You are building a house and You dont have a real agreement. But I had nothing to do with it. So I could not do anything to that Contractor about her involvement with Miss Browning's house. That is a private deal. But I take issue with people saying folks are afraid to talk to You, but they are not afraid to talk to me because We have done several hundreds. I have several letters to show You after every rehab We ask the homeowner are You satisfied. Was the work up to your standards. How were You treated be the Contractor. We have those letters that I am happy to bring in and send to You all to share with You. If I had two complaints out of 111 people, I was truly blessed. Mr. Gruber's house was water quagmire. Something different and something I havent ran into before. But Mr. Gruber is not paying for the additional work. I was in tallahassee. I trove home to meet with him at his residence along with the Contractor and the City Staff and the City Inspector who looked at the house from the sky, from something he had long before and said, this was there all along. But We agreed to take off the roof and redo it. But what he is not talking about is the fact that it wasnt just about the squares, they had to redo the wood and stuff once they removed it to too I to correct it. Because whomever put his roof on left several layers and thats where the hump was on his roof. We have been through this over and over and been through the news. We have been in the newspaper about it. We tried to do everything We possibly could to remedy this. He said the Contractor spit on his rug. He said that they left his doors open. Everything about this situation was very different than anything I have ever encountered. I want You to know one thing about our organization. I dont tolerate substandard work. For me, those are people in my neighborhood. And I to everything I can. And nobody can ever tell You that I dont show up. If a -- if anybody calls my office and says a Contractor has done anything. I personally go to that site. Because the one thing I am not going to do is put a lien on somebodys house and walk away and says it okay. What people are not standing here and saying is, contractors, We bid. They do the work. We have an Inspector that inspects it. The City has -- You know they have an inspection department that comes out and inspects is. Somebody says Hqs. City sends an Hqs Inspector. We to not get paid unless that work is completely complete. And signed off by everybody. I put up my own money -- not mine personally, but East Tampa Business And Civic to pay the Contractor while I wait for the City to reimburse me. There is no way I will be putting my money out on a sub standard job. So I take issue with this. For me, its personal. Pause I live this community. I have 67 years. I would never do anything to any of my community, senior or young. And everybody in the program is not a senior. So please understand. This program is not just seniors. So whatever You all decide to do I am okay with that and it is all about my community. Does it hurt? It hurts to have somebody drag me through the mud and say We are doing sub standard mud and We dont work. We are northwest paying attention. That is not true. I leave this with You all. As long East Tampa Business And Civic Association is part of the citys housing program, We will always do top-notch work. If I have contractors in this program that dont live up to it, We put them out first. I suspend them. They get another opportunity. We take them from being able to bid on three properties down to one. And then if You dont complete that one and grow again to get to your three, then You dont get to do work with US and We put people -- I dont get to put them out. But they put them out. But I will file the necessary documents to indicate to the City that that person is not living up to my standards. I dont pick the contractors. They are vetted by the City. And once they are vetted, then I am required to use them I use every single one of them. I understand We have a complaint We are taking anybody We want. Please, You all, understand, I am a professional. 37-year business owner. With East Tampa since 1999. Now I am a Legislator. I take my job very seriously on all the aspects. We never just pick anybody to do work. It is bided on. The lowest bidder within that 15% gets that job unless I have know You have bided too hoe and coming back for change orders. I am not going to take your bid. Our bids are open with contractors sitting in the room, once the putsy are open, We send them over to the City and know that they have chosen the best person according to that bid. Rumors are easy and people should stand up and tell the truth. If You have a problem, nobody called me if You had a complaint, nobody called me. Our books are always open. We are always open. We take this very seriously. And I tell You a very difficult thing to stand here and have people talk about your organization knowing that We do the best We can with what We have. So I appreciate You all allowing me to speak to You again today but no, We dont take this lightly. Every single complaint with a concern to me. And if You have one, then You bring it to our organization. They dont have to bring it to City Council. I need to know You have a complaint. You cant fix it, but We can. So thank You.

Joseph Citro 10:58:58AM

Thank you.

Orlando Gudes 10:59:03AM

Mr. Chairman.

Joseph Citro 10:59:12AM

Councilman Gudes.

Orlando Gudes 10:59:15AM

You are heard of several alleged things in reference to the proing. Want you to talk of the those issue with the housing personnel so we can it up as we talk of the minority business, so on how does that work and making sure we have the details so the public -- we can air this out. Clear the air and we can move on. If something needs to be adjusted then we can do that. Thank you. Nicole Travis, administrator of economic and development opportunity. So there was a lot of communication going on this morning a lot of it has nothing to do with the Housing and Community Development. I want to put that out there. Mr. Gruber came and spoke to you about, you know, his roof, and that was in the media. You need to understand that Mr. Gruber said this morning that he did not get a response. In fact our attorneys office sent him a letter on December 23, 2021. And we have spoken to him even after that. He -- there was some buckling in the roof. And Housing and Community Development office went back and fixed his house. The amount of money that he is talking about that was done to replace his roof, im here to tell you that is not the case. $2500 was spent on siding. $10000 for his roof repair. $8400 for hvac system. A water heater was $1400. External was $1500. It is for Mr. Gruber's house. Representative Hart talked of the process in the contractor list that we have. We have a total of five minority contractors on a list of 16. Mr. Reeves received three projects since 2019. And he beat me to it today because I have a letter that is coming out to Council. They will probably get it to you this afternoon. Because a certified record from Mr. Reeves in the mail claiming discrimination and he was not -- is not allowed on the program anymore. That is because we have a list of complaints about Mr. Reeves construction company. He has done work without permits. Improper permits. Notified about it. Warned about it. He has been suspended before. And he is being suspended again. So that is Mr. Reeves. And I will e-mail the detailed letter to you. Removed from the contractors list in clearwater for similar action.

Orlando Gudes 11:02:04AM

Repeat that please.

Nicole Travis 11:02:05AM

Removed from a contractors list from the City Of Clearwater for similar things we are suspending him for from our program.

Orlando Gudes 11:02:14AM

Thank you.

Nicole Travis 11:02:16AM

There was a lot of talk of retaliation and retribution. I want to make it very clear that is not coming from the City Staff or the city office. The comments about retaliation and retribution, not coming from my office. I dont know where it is coming from. I dont know what -- that is not coming from US. So the comments that are being launched out there, being pulled as if it is part of the city program. I will never stand before You and say our programs are perfect. I would never say that. We always have an opportunity to improve, streamline the programs that We have for our owner-occupied programs are audited by Hud. And I think -- We can ask our internal audit department to do an audit on our programs as well. We are always looking for ways to improve. The comments We hear in working alongside our Nonprofits, We are constantly looking for waying to improve. But also looking at how We can continue to support our residents and our citizens. A few months ago every week I was before You talking of housing affordability and trying to repair homes. What We have done is use an existing contract that We had so We did a stop service in the owner-occupied rehab program and continue that service with our nonprofit. With a partner nonprofit. Put out an Rfp, two the East Tampa Civic Association and Cdc. The Cdc was using the civic association as a sub-recipient to the Grant. We moved forward because they were the only two that We had and We had an existing contract and We did that so at no point did the program stop and that We can continue to serve the residents of Tampa. There are over 120 people on that list. And so the choices before You -- I spoke to most of You this weekend. Laid out a choice for You. You can continue to serve the people on the list that are waiting for roof repairs or reset and issue an Rfp again and hopefully get more respondents. The process We used was a Rfp process. But We cant help if We dont get a lot of respondents. I am just being very frank with You. A capacity issue. You have a -- not only a housing crisis. You have labor shortages. There are a lot -- supply shortages. A lot going on that creates a perfect storm that We are in. A capacity issue. Other Nonprofits. Some Nonprofits are not taking on projects like this because they can not spend the money. Particularly if they have cares fund. And they are outspending and at capacity. They are monitoring how many additional programs they take on in fear of not being able to spend the money in time. And so We are putting out an rfq to get contractors. We were doing it directly. We are not -- We are going to continue to do this with partners in Nonprofits and going directly to the contractors. But until then, this is what We have before US. If We put the Rfp out again. Would We get more Respondent as soon as probably. And You can expand the program that way. The choice is for You today, Council. It is a difficult decision, but not staffs decision. I am not going to stand for that decision for You. You can either move forward as You requested US to, or put a Rfp out again.

Joseph Citro 11:05:57AM

Councilman Gudes.

Orlando Gudes 11:06:00AM

People are hurting. And I am going to show a video later on. People are hurting. You told me that capacity. If I dont have the people here in the City Of Tampa or Hillsborough County that cant do the job or take on the job, then You need to put the rfq out over the state or in another state. I dont care. I care of people getting service and getting the job done. If You dont have enough people here in this city to get the job done. And You just told me that even the Cdc is giving more work and Miss Hart. Only so much work.

Nicole Travis 11:06:46AM

Even if She were to move forward She couldnt correct the people on the list.

Orlando Gudes 11:06:53AM

I get calls. Lets go ahead and do what we need to do and get other people who can be certified or whatever the process is. I dont care if it is out of state, I dont care what it is to get them here to start working.

Nicole Travis 11:07:08AM

If You issued the rfp, maybe situations have changed with the Nonprofits. Maybe new Nonprofits or other Nonprofits that would like to participate. You made a good point. Usually -- I wont say usually -- but in my past experience when I try to get minority participation particularly in construction or trades, we will go to the areas and help them fill out the forms to do that. And so it is not just here in Tampa. A capacity issue and You are right. We should reach out to neighboring counties. Do what You need to do to get the ball rolling. I dont know how effective the program is to be honest with You. Lets get it moving to. It is service.

Nicole Travis 11:08:03AM

Again capacity. What I share with you -- I come and share with you talking of housing affordability and the program. I will take this time, if I May, Mr. Chair, a moment of privilege. We spent months talking of housing affordability, came before this Council. Worked on months of bringing you recommendations. We is it that last week only to be turned away as if we were the first time to be here. You talk about capacity, working on things for months and Council deciding not to act on it is hard. When we have other programs like that. We should be spending our time on. So I am coming off very frustrated this morning, and I I am. We are working hard to move things forward. If it is the direction to issue another rfp. We can be creative and try to get other nonprofits. We can reach out to contractors beyond city limits to do that. We are willing to do that. We are following do the work. Dont make me do the work and then Council decides not to act on it.

Orlando Gudes 11:09:02AM

Includes that when -- maybe You only need painting done or a roof or some of the stuff.

Nicole Travis 11:09:08AM

To your paint point. There are trades -- somebody May need hvac. We are trying to put out a list where we -- where you can triage and then you can directly contract with those people who May not necessarily need a roof and try to layer funding. Miss Tate was here earlier and I know East Tampa CRA asking for owner-occupied for a long time. Put out third-party and that did not come back flavorable. I am confident if we -- if we stream line the process with our Housing and Community Development Department and provided the right resources which I am coming to speak to you about with CRA because you are adding additional funding. You will be able to move these programs faster. I cant move a navy ship in a different direction overnight. We have to slowly and methodically do that. Every time we pull the rug and change gears, we are losing ground.

Orlando Gudes 11:10:07AM

I believe in You. If You say that is what You needed. If You have a tool that will get US there, by -- I will say Council, this is the tool that will will get US there now. Again, You have been trustworthy to this Council. Every time You come, You have moved the needle. Is that what You say You need, lets move the needle.

Joseph Citro 11:10:27AM

Councilman Gudes.

Joseph Citro 11:10:29AM

Yes, mr. Chairman councilwoman Hurtak has a question.

Lynn Hurtak 11:10:39AM

No, I dont. So this is the third year of this agreement, correct?

Nicole Travis 11:10:47AM

So We put out a Rfp earlier this year and the only two respondents -- We removed that. Instead -- We already had a contract. 37 and We are adding to it since that is the only respondent anyway.

Lynn Hurtak 11:11:01AM

Got it. But is there anything precluding US from going forward and also opening up for additional people to work under the -- I am sorry, the East Tampa Business And Civic Association? Do we --

Nicole Travis 11:11:27AM

Just give me one second.

Lynn Hurtak 11:11:30AM

Can we have an open Rfp -- every two months --

Nicole Travis 11:11:50AM

We cant do that. We cant do that. That will kill me. I understand what you are saying. You are saying if we were to approve the contract today, what precludes US of opening a Rfp -- talking to Keyon and Abbye, we have enough money to do that. We can issue an Rfp to bring in more providers if you decide to move forward today. Let me say this that issuing another Rfp to get additional Nonprofits and Contractors. Contractors need to register with US and need to get on the list. But to allow more Nonprofits to come in, it is not something he can bring back to you in 30 days. That is 90 days.

Lynn Hurtak 11:12:35AM

I am talking of Contractors again, this is a three-year contract. Talk of what we should do for the next round of contracts? Yes. I believe that is something we can talk about with Nonprofits and things at a later date. But what I am trying to do is get people -- I agree with Councilman Gudes 100%. We just need to get people on the ground. Get houses -- get things started and if there is a way to encourage more Contractors to join so we are not focused on one contractor that people have issues with --

Nicole Travis 11:13:16AM

I need to clarify something. I need to clarify something. We have a list of 16 to 20 contractors. And then you have the Nonprofit that works with Housing and Community Development. You get the application, it goes to the Nonprofit. We need more contractors, yes. But you need other nonprofits to help facilitate that work.

Lynn Hurtak 11:13:35AM

So You need both.

Nicole Travis 11:13:37AM

Yes, you need both. The contractors on the list as Miss Hart -- Representative Hart talked about earlier. She puts it out to bid. I didnt touch on that earlier. But you put the project out to bid. Scope is written up. You put the project up to bid. Invite all the contractors on the citys list of approved contractors to bid on the project. We take the lowest most responsive bid. I say "most responsive bid" you take the lowest bid and Representative Hart, Mr. Reeves to bid low to get the contract and doing change orders to push the contract out. Lowest moss responsive bid. The nonprofit that gets the work and Representative Hart and the East Business Association can only do so many houses at a time even with contractors. You need additional nonprofits. We need other partners in this. Not just the contractors. If you want to do more, you have to have more nonprofit.

Lynn Hurtak 11:14:40AM

My question is, can we do both at the same time? I am seeing Abbye nod.

Nicole Travis 11:14:49AM

I am afraid. I am not looking. So it is just -- just a matter of -- like We were saying earlier. Move forward. We have enough money. What they are doing is rolling over funds. We have new funds. So this contract that is before you is with funds that are being rolled over, correct? Yeah, so We have -- We have new funds. If you put out another Rfp. Again, I too toy manage your expectation that you dont think I am coming in next week with the list. You put an Rfp for 30 days. You have respond dense. And work with the Attorney's Office to get the contracts and come before you, 90 days or not -- no -- coming for something else. I thought she was going to -- just so that I imagine that.

Lynn Hurtak 11:15:35AM

Does that include outside organizations?

Nicole Travis 11:15:40AM

Which part?

Orlando Gudes 11:15:42AM

Not within the City Of Tampa. As long as you name -- they are in City Of Tampa. I am saying if you need other profits, can they be outside of Hillsborough County --

Lynn Hurtak 11:15:53AM

Abbye is nodding.

Orlando Gudes 11:15:55AM

Then I think that is a great idea.

Nicole Travis 11:15:59AM

We will tap into Councilman Carlson's marketing skills. We will go out --

Orlando Gudes 11:16:06AM

All over the world.

Kayon Henderson 11:16:07AM

Good morning, Kayon Henderson manager for Housing Division. I want to add a little bit what Miss Travis stated. One, when we issued the rfp. We reached out to a lot of different organizations. We had Nonprofit as far as orlando come and the only two respondents. We pushed it out as much as we could and only those two respondents. The other thing tied up in this agreement and amendment, our ship fund and 900,000 -- close to $1 million. And we are facing an expenditure deadline with this. If we dont amend this and go to a new one, just risk that. We have the risk of losing those funds and additional funds that will not go to the family members that need it.

Nicole Travis 11:16:57AM

I said that in some of your briefs.

Lynn Hurtak 11:17:00AM

Yes, I remember that. Is there a way, though, that we could -- I dont -- I dont want to open up a whole another can, but I want to touch on the person who has the $38,000 roof for a 800-square-foot house. If there is a way -- I know it has sort of been explained but I dont understand $25,000 to fix it. So if there is a way to get maybe some investigation or report, like a written report somehow.

Nicole Travis 11:17:36AM

We did it.

Lynn Hurtak 11:17:37AM

Great. I will forward it to You.

Nicole Travis 11:17:45AM

I did that. I will forward it to you.

Lynn Hurtak 11:17:48AM

To make it for members of the community that May be interested in it. I would really like folks to see it. And if -- if something was done wrong and the Contractor has been talked to about overpayment and issues. Because to me it sounds like if you have an issue like that, it probably should land you on a warning list.

Nicole Travis 11:18:10AM

So -- yes. Like -- like I outlined for you. Mr. Reeves. We were made aware of issues and it came to US from the homeowner about Mr. Reeves. A lot of conversation of in fear of retaliation. I told you when I came up, not retaliation from US, from the City Staff. We dont have complaints coming to US directly or something hard. Miss Mccaskill provided a lot of documentation. We will go back and look at it. If we find something egregious, absolutely we will do it. We cant investigate what we dont know. We have been made aware of it. And. We will to our due diligence. We dont want anyone taking advantage of our residents. Especially our elderly residents. We dont tolerate at all, and we will look into that.

Lynn Hurtak 11:19:05AM

Once you finish with that, give US an update. Would appreciate it. Thank you.

John Bennett 11:19:12AM

Council, I want to share something that nicoles office and my office are working on with Mr. Spearman's office. Council has approved -- and we started this. And we put it back out for Rfp when I first got here, because I did not like the ebo of aspects. The equal business opportunity aspects. The ebo work has grown in that space over the last couple of years. I monitor on a dashboard with miss Ocea Wynn and Representative Hart's office. And a meeting and full control with the contractors to do the repairs in the city and we want to explore the opportunity to use the job contracting in the public domain to see if -- again, I know legally I will get kicked nor, but it is not officially a state of emergency, but it is an emergency. We are looking for creative solutions as early as next week if the job order contracting which is full of ebo opportunities can be controlled by City Staff to serve the public to serve the same way it serves city facilities.

Orlando Gudes 11:20:22AM

A great idea.

Nicole Travis 11:20:24AM

We work very closely with Chief and Mr. Spearman. And Alis Drumgo, our deputy assistant manager and taking small little pilot groups to work out the kinks before We push this. This is what We are doing. We are trying. We urge --

Orlando Gudes 11:20:46AM

We know that You are working hard.

Nicole Travis 11:20:48AM

I will relax a bit and take deep breath.

Lynn Hurtak 11:20:52AM

I have one more question because this is new to me. When you get a Contractor and you are vetting these folks, when you get a story like the Woman whose house is a problem. Not part of our program. But once you know that story, is that put into that contractors dossier? You have to be very careful in taking hearsay impacting peoples livelihood and businesses. You have to it be very careful for that. But beyond Housing and Community Development, off Construction Services Department of Certified Professionals and a Building Department that taken and oath and our job is public safety. If there is a permit issued on the project, it has to meet the Florida building code requirement before it is approved, inspected and the permit closed. We dont go and investigate everything we hear with hearsay, an open or active. We can look into it. And public safety and quality of life. And we are in charge of safety coming into this building. We are in charge of going into this home and the person who is purchasing your home after you do. Things we take very seriously.

Lynn Hurtak 11:22:34AM

Like I said, still learning.

Joseph Citro 11:22:38AM

Councilman Gudes, you are recognized.

Orlando Gudes 11:22:44AM

Miss Travis, I hear what you are saying. I personally went to that home, personally. If a Building Inspector inspected that home, he should be fired.

Nicole Travis 11:22:53AM

Abbye just whispered in our ear that had the Building Official is investigating this. So --

Orlando Gudes 11:23:03AM

Okay.

Nicole Travis 11:23:04AM

We can talk offline. If it was inspected -- let me just finish. If it was inspected and released and it was improper, I will take care of that as well. So, please.

Orlando Gudes 11:23:20AM

Yes, maam, thank you. I understand that. Thank you.

Joseph Citro 11:23:24AM

Did that finish your question.

Orlando Gudes 11:23:27AM

Yes, thank you.

Joseph Citro 11:23:30AM

Councilman Carlson.

Bill Carlson 11:23:31AM

I am relatively new to this too. Pardon my ignorance. So it sounds like -- it sounds like you -- sounds like City Staff is doing lots and lots of work related to all of this. All the stuff that you just described. What is the reason to outsource any of it to a Nonprofit, and do these do nonprofits charge a mark-up or something. How do they get paid. I have not looked this up myself but someone looked up the 990 and the Nonprofit apparently represents Hart and the 990 does not take a salary. I dont know if that is true or not. A service that the Nonprofit, providing staff for free to manage this or pay them to manage it. And why -- what is the --

Nicole Travis 11:24:23AM

There is an administrative fee to on from profits for doing programs. There is a administrative fee. I will have to look at the contract to say how much

Bill Carlson 11:24:35AM

10%.

Nicole Travis 11:24:36AM

10%.

Bill Carlson 11:24:37AM

How much is that, like $300,000 then?

Nicole Travis 11:24:47AM

Hold on.

Bill Carlson 11:24:48AM

If you looked at the comparison of what it would course to hire staff to do this and outsource in another way.

Nicole Travis 11:24:55AM

Yes. I didnt do your math calculation. I will let someone back here do that. But. But if we were to staff up and do it internally ourselves.

Bill Carlson 11:25:09AM

Have you done an analysis to do it through a Nonprofit than ourselves?

Nicole Travis 11:25:15AM

Yes. I will say a detailed analysis, but you start talking about not just salary and benefits, you have to put people some place. And We are at capacity. Not a lot of places to go. And I will have to staff up a lot to be able to do this. I am asking for additional staffing through the CRA for the additional money with the housing program you approved. Employees to. We are staffing up. A if you -- let me put a pin in that for a second. Local Government cannot solve all issues in a community. We need our Nonprofit Partners to come alongside US. So this is a space that they can also serve in that We can outsource some of that for a lower cost. Because it is building space. It is training. It is all of that. We are beefing up our staffing to put more money out, but We need our Nonprofit Partners to do this as well.

Bill Carlson 11:26:19AM

Just one last thing. This is Orlando Gudes' district. They are doing things outside of east Tampa, but I will take his direction and advice what to do.

Nicole Travis 11:26:32AM

Okay.

Joseph Citro 11:26:33AM

Any other questions? Any other comments?

Nicole Travis 11:26:45AM

I need some direction.

Joseph Citro 11:26:47AM

Sorry.

Nicole Travis 11:26:49AM

I need direction.

Joseph Citro 11:26:52AM

What the pleasure of Council.

Orlando Gudes 11:26:54AM

I dont want to hold up process. Behind the 8-ball. We need the money spent. You explained of Miss Browning's house and Mr. Reeves. And an off-line conversation with Contract Services and You explained it. I would like for You to open it up to get other contractors and other nonprofits. And I would like to make a motion to approve.

Charlie Miranda 11:27:19AM

Second. Planned chairman, thank you. But what Mr. Gudes just said. It is fine and going to be just as difficult to continue to find new nonprofits and new contractors. Everybody has been corking until now. With the economy start something to slow down, to find more individuals that will do the work. It has been a hard time. We have been on the road. Not only the City Of Tampa but the world. Crumbling here and there. And over the hump, and east Tampa needs that work done now. The more we wait, the more costly to do repairs. A little leak, just a little leak. Tomorrow, you have half a roof and mold all over the house and off problem there. I agree with Councilman Gudes.

Joseph Citro 11:28:11AM

Councilwoman Hurtak.

Lynn Hurtak 11:28:13AM

Just want to be sure I heardrd we are also going to be moving forward with more rfps.

Nicole Travis 11:28:20AM

Thats correct.

Joseph Citro 11:28:24AM

Will Shelby.

Martin Shelby 11:28:26AM

The motion is to move the resolution for number 5.

Orlando Gudes 11:28:30AM

Yes.

Martin Shelby 11:28:35AM

A motion or an agreement with staff.

Lynn Hurtak 11:28:38AM

Just an agreement with staff.

Joseph Citro 11:28:40AM

Councilman Gudes, you are moving item number 5, file number bzp 22-77366. Second by Councilman Miranda. Any further discussion? All in favor say aye.

Orlando Gudes 11:28:55AM

Mr. Chairman.

Joseph Citro 11:28:57AM

Do a roll call vote, please. Everybody voted aye. And anyone opposed. Motion carried unanimously. With Mr. Viera being absent.

Orlando Gudes 11:29:21AM

Are you good with that, Miss Travis.

Nicole Travis 11:29:23AM

No.

Orlando Gudes 11:29:24AM

What do you want.

Nicole Travis 11:29:26AM

I need to make sure that the -- we are under an expenditure deadline for S.h.i.p. Funds. So we are under expenditure deadline for S.h.i.p. Funds. Is your focus is to move forward with the resolution.

Orlando Gudes 11:29:42AM

Tell US what You need for US to do.

Nicole Travis 11:29:46AM

Listen, I am trying to figure it out. Hold on.

Orlando Gudes 11:29:50AM

That is what I like about Her. She is straight to the point.

Nicole Travis 11:29:54AM

So based on comments -- based on what I am hearing, so this money is shiptif, General fund money. All-inclusive. You want to continue to move forward to so that people can keep getting help. What we are under an expenditure deadline for is ship. Funds. I would like for to You move forward with this resolution with the ship. Funds only.

Charlie Miranda 11:30:40AM

Expended first.

Nicole Travis 11:30:42AM

Expended first because that is what We are under the deadline. We will issue an Rfp and inclusive of all monies. You get more nonprofits. I need another motion to have issue the rushing Rfp to be inclusive.

Joseph Citro 11:31:00AM

That councilwoman Hurtak was trying to imply.

Lynn Hurtak 11:31:03AM

No.

Orlando Gudes 11:31:04AM

I dont need to rescind the last one and do an additional motion.

Nicole Travis 11:31:10AM

Do an rainfall rfp of the program of all funding.

Orlando Gudes 11:31:14AM

So moved.

Charlie Miranda 11:31:17AM

You got to say it though.

Lynn Hurtak 11:31:19AM

Sorry, I heard you asking for a resolution to use the -- use the ship. Funds first. Do we have to do a resolution for that?

Nicole Travis 11:31:32AM

The motion that You passed did not specify to use the ship. Funds first. I need You to do that.

Lynn Hurtak 11:31:39AM

After you do that one, I will make a motion to use the ship. Funds first.

Nicole Travis 11:31:44AM

For this agreement and east Tampa.

Lynn Hurtak 11:31:49AM

Yes, do you want me to do it now. I am sorry.

Nicole Travis 11:31:52AM

You are fine.

Lynn Hurtak 11:31:53AM

Finish the ear one first and then go back to this? I just want to make sure.

Nicole Travis 11:32:00AM

We will get it.

Orlando Gudes 11:32:01AM

We have to rescind the original motion, correct.

Joseph Citro 11:32:03AM

Councilman Gudes, rescind your original motion.

Charlie Miranda 11:32:08AM

I second it so there is a clarity on the boards and records and so Everybody In The Public can know we did the right thing.

Joseph Citro 11:32:15AM

A motion and a second.

Martin Shelby 11:32:17AM

Mr. Chairman, May I be recognized before the vote, please.

Joseph Citro 11:32:20AM

Mr. Shelby.

Nicole Travis 11:32:22AM

Mr. Chairman. We are trying to do this on the fly. Ask you for a three-minute break.

Joseph Citro 11:32:27AM

In recess for three minutes.

Nicole Travis 11:32:30AM

If you move forward with this contract you can issue another Rfp and additional funding to fund the other Rfp. We need Contractors. We had three to four meetings this year trying to get Contractors to come on our list. We only had two sign up. So they dont make a lot of money on this. So not like the most lucrative job, but a niche, right. So We need to find Contractors who want to work within this niche. So We will continue to recruit, but I dont need for you to do anything else with a motion. I will put out another Rfp for the $3 million. Am my blood pressure is back down. [Laughter] this is what happens when you try to make sausage on the fly. And you have experts -- you have an expert team that is working hard to make sure that the citizens will continue to be serve as We try to work through this. I also want to stay that a lot of the challenges and programs and the things We are working through right now is not a problem with the program. The program works. We just -- it is a capacity issue. Thats it.

Joseph Citro 11:41:52AM

Miss Travis, if I am hearing correctly, We do not need to rescind the prior motion.

Nicole Travis 11:41:59AM

Thats correct.

Joseph Citro 11:41:59AM

And You are going to report of the new Rfp being sent out.

Nicole Travis 11:42:09AM

You will see it when it is ready.

Joseph Citro 11:42:11AM

Already did approve the motion.

Orlando Gudes 11:42:20AM

Can I be recognized. We will check out the job program to help with that.

Nicole Travis 11:42:25AM

The job program that the Chief Of Staff talked about, we are work on that. All of that falls into our housing bucket. We can report that back to you in a few months. You can see that with the rainfallcra. It is in play.

Orlando Gudes 11:42:41AM

Before you leave, I have a 30-second clip I want to show you. Folks knew this was coming up to talk about housing. Cctv can cue up that youtube I shot. A Good Friend Of Mine. If they can pull it up. Talk what the city of atlanta is doing. Afford. Fox 5 morris Diggs reports on the progress.

Reporter 11:43:16AM

Where where the new housing be, downtown. Several parcels spreaded around. The key point, land the city controls. It can control the rent making those payments more affordable. Citizens are so frustrated they come down to City Hall looking for help. I can come here until I hear rent, rent, rent control. That is what we need. Do the right thing.

Reporter 11:43:43AM

She even had t-shirts to deliver to the councilmembers, but Local Politicians cannot to represent control. Buckets of public dollars to help with the housing problem. Covid funding is some. Pay their rent if they can show that Covid has created some sort of hardship.

Reporter 11:44:05AM

Even so, the Mayor is looking at long-term remedies. Problems.

Reporter 11:44:15AM

Atlanta purchased a downtown tower to be purchased by the State and will be converted into housing units. A Future Resident will walk to marta five points. The civic center downtown, a solid plan to build housing as part of a mixed use development and Mayor Dinkens is getting churches involved. One that will construct housing on available land. Another 3940 under construction. That is progress.

Reporter 11:44:48AM

Councilman Matt Westmoreland said there is a racial component to ensure that atlanta does not lock anybody out. White Families in atlanta versus Black Families. I believe very deeply and I know the Mayor does and many of my colleagues on Council that we need to continue building an atlanta that can be home for everyone.

Reporter 11:45:15AM

I am Morris Digs, Fox 5 News.

Orlando Gudes 11:45:19AM

The reason I brought that is to be reminded that We have certain areas in the city that We have to be inclusive. Also, the city owns its own property and control rent. If We control the property, We control the rent, and We can control and buy these old abandoned churches that are all around this town. We can then put development and get other developers to help US with some of the issues with housing. Again, I know you are busy. I know you are working hard, but I have in Con Science, I had to show that. I appreciate your work.

Nicole Travis 11:45:58AM

I appreciate that and I will get a video made of what We are doing, because -- [applause] -- I am going to get a video made of what We are doing and make sure that it is blasted all over the media, because We have 5500 toward our 10,000 goal of affordable housing -- housing affordable that the Mayor set that 10,000 goal and We have been track it. Over 5500. And as far as the property that We own. So rome yard is one that We restrict our --

Joseph Citro 11:46:27AM

The Old Army Navy.

Nicole Travis 11:46:29AM

I am sorry, Old Army Navy and 42nd street. Any time we own the property just as -- just as it was stated that you can control the rent, that is exactly what we are doing. And now what we are talking about, Councilman Gudes, you and I had conversations with Developers as well in looking at mixed use development and what we can to do get affordable units mixed in with market rate units. In our areas. We had, like, several conversation in the last three weeks. Some with Developers. And so all of that -- now I will work on getting a news clip of what we are doing.

Orlando Gudes 11:47:04AM

That is the point I did want to make. We need to be able to show what We are doing. All the public --

Nicole Travis 11:47:11AM

That is true.

Orlando Gudes 11:47:12AM

I talked today, tell the story. My thing is -- I have said about these old churches, old buildings, some of these old warehouse areas that we should be buying. That is what I am talking about, Mr. Chairman, those kind of items, low-hanging fruit to get people to know because we can control the rent. You can have developments that have mixed level income, but sometimes that income is not there to meet what needs to be met. Thats why I did that. Not to throw shade at anybody. Just to say -- look what other people are doing too. We May be doing stuff, but they are doing something making sure these big development buildings sitting vacant, that they are putting people in them.

Nicole Travis 11:47:54AM

You will see -- what you are saying is tell the story. I know from experience, we are head down doing the work and so much work to do we forget of telling the story. But we are telling the story. Worked with the Communications Team a few weeks ago. We had a meeting with the Communication Team to lay out a plan of telling the story of all these things that are happening when rome yards permits. And groundbreaking and rebuild homes. I am screwing up all the names and telling the story and focused on implementing programs and getting the work and money out. We hear you loud and clear.

Joseph Citro 11:48:37AM

Councilman Carlson.

Bill Carlson 11:48:39AM

Three things real fast. Number one, can you accepted US your current tally on the 5500.

Nicole Travis 11:48:47AM

Yes.

Bill Carlson 11:48:48AM

I get a lot of questions what that is and what is being counted and how. And second is -- second is that with the -- -- with some rfps in the past, staff boo say, well, we had a Rfp and only two people bid. You and I talked of this privately. We need to make sure that Developers and Nonprofit that the city was in conversations with somebody and this he kind of did a deal and a Rfp that was short and other bidders didnt have time to put together a proper bid. I know you will not allow that to happen. But I want to make sure because we need multiple bidders on things to make sure we get the best project and to get every bidder a fair chance. And the last important thing for the video is development without displacement. You know, Councilman Gudes has a lot to say of east Tampa. We need to not looking a it at a place for development but a place with a rich history and culture. If we would -- if we need to treat east Tampa the same way Hyde Park and report the history of culture and architecture and not go through and tear everything down and rebuild. Thank you.

Nicole Travis 11:50:07AM

The program You just approved reinforces that -- try to the to displace owner-occupied rehab. We will continuously look for ways to expand and improve upon that program. So there is continued investment in generational wealth in the community. So I appreciate your support.

Joseph Citro 11:50:28AM

Thank you, Miss Travis. Mr. Rogero. I believe you have some answers to some questions that Council has posed to you.

Dennis Rogero 11:50:44AM

Yes, mr. Chair. Dennis Rogero, chief financial officer. Good morning, Council. Yes, Council had asked US to circle back and provide a funding source for outside counsel. It was discussed earlier this week. We have done that. Credit where credit is due. Councilman Gudes did an excellent suggestion, pulling from the election budget, the election of calendar year 2023. We looked at that. We anticipate the cost associated with outside counsel will be well within our margin of error for next weeks election funding and recommend funding for election expense.

Joseph Citro 11:51:25AM

What I was going to ask. What is the pleasure of Council? Do we have a maker of the motion? Do we have a second. A motion by Councilman Gudes. Seconded by Councilwoman Hurtak. All in favor. Any opposed.

Dennis Rogero 11:51:41AM

Thank you, Council.

Joseph Citro 11:51:44AM

Did you want to read that off? Inaudible]

Joseph Citro 11:51:54AM

The Election Funds.

Bill Carlson 11:51:55AM

Mr. Chair.

Joseph Citro 11:51:58AM

Councilman Carlson.

Bill Carlson 11:52:01AM

Can I say thank you to CFO and his staff for finding the money.

Joseph Citro 11:52:07AM

At this time, go to a edge item 6, file numberps 22-78059 which will be heard with agenda item 7. They will be voted on separately; however, one more agenda item, number 35 that needs to be discussed all at the same time. Without objection from Council.

Joseph Citro 11:52:42AM

Yes, sir, please proceed. And the public my name is Rich Mills, the major with the Tampa implement special support division and im here to discuss the urban area security initiative that is under item 6 and 7. What I am going to do is -- I have a visual for you to look at. I am going to give a short presentation, give you the background of uasi, the urban area security initiatives. And then go into fiscal year 2022 funding and answer your questions. So what you see here is some core capabilities. On your left. And then the recipient agencies and Region 4, which consistent of eight different counties within Region 4 and obviously Hillsborough County and the Tampa Police Department is one of those agencies. So just take a look at that. It will kind of make sense while I am talking and giving you an overview. The Department of Homeland Security urban area security Grant program was created in 2002 after the terrorist attack events of 911. To enhance our nations preparedness for high threat, high density urban areas by providing funds to build and sustain capabilities necessary to prevent, protect against, mitigate, respond to and recover from threats or acts of terrorism. Each year, the Department of Homeland Security derives a relative risk score based on threat, vulnerablity of the 100 most populous metropolitan statistical areas as defined by the office of management and budget. Congressional legislation requires funding those urban areas that fall within the top 85 percentile of relative risk score. In 2022, 36 urban areas were awarded and will share $615 million in totality. The Tampa Bay area urban security initiative is one of those areas receiving $3.6 Million. Tampa Bay is one of only 19 urban areas to receive continuous funding since the programs inception. To fund projects connected to terrorism of counties citrus, hardee, hernando, hillsborough, pasco, pinellas, polk, and sumter counties. And specific to the working group within the urban area security initiative which includes communications, cybersecurity, emergency management, fire rescue, health and medical, law enforcement, Port Authority security and transportation and transit. The City Of Tampa, the City Of Tampa Police Department houses the Administrators through the continue bay uasi Grant program which include projects and funding for all partner agencies within the eight county urban area as well as submitting reimbursement request and meeting all federal Grant requirements. Now it is very imperative that we, as the Administrators of this federal Grant, adhere to the regulations of the federal government. It is a federal Grant. In other words, it is federal money. We have to abide by their federal rules. All projects have a direct nexus of preventing, protecting against, mitigating, responding to and recovering from threats or acts of terrorism. All agencies must take part in the mandatory stakeholder preparedness review and hazardous and risk assessment known as tra. And projects must also meet one of the priorities set by the urban area security initiative board, and they usually change on a yearly basis. Some stay the same. Some change paced on the current threats throughout the world. This for 2022 -- fiscal year 2022, those threats included -- priorities included enhancing protection of soft targets, crowded places. Enhancing information and intelligence sharing and analysis. Combating domestic violence extremism. Enhancing cybersecurity. Enhancing community preparedness. And resilience to terrorism. And enhancing election security. So to go into fiscal year '22 specifically, the Tampa Bay uasi continues to fund a subscription-based service for alerting for high-risk events, keyword credential modeling, analysis services, compromization. And digital and reporting for our urban area. Urban area partner who want to participate. Tampa Bay uasi will deploy an on-premise touchpoint, hardware and sort ware that will network traffic indicators to the Tampa Bay intelligence center. These projects will build capabilities within the cyber security core capability. Other projects include closing a gap and mutual aid communication within Hillsborough County and a mobile satellite communication system for hernando county. A bomb robot for Hillsborough County Sheriff's Office, which responds to all bomb calls for unincorporated areas within our eight-county urban area and a bomb suit for the Tampa Bay -- for the Tampa Police Department's bomb squad that serves all municipality bomb needs within our eight-county region, as well as the Mass casualty trailer for Tampa Fire Rescue to provide the means to effectively triage and stabilize patients in the event of a terrorist attack. As you heard before, this is a federal Grant. We do have deadlines. This was awarded in fiscal 2022. If we dont have -- if we dont utilize those funds, again, we lose those funds. It not only effects the Tampa Police Department but effects several different recipient agencies within the eight-county region which is in front of you now with those recipient agencies

Guido Maniscalco 11:59:31AM

Move the resolution.

Bill Carlson 11:59:31AM

Second.

Joseph Citro 11:59:31AM

We have a motion to move the resolution for agenda item number 6, file ps 22-78059 by Councilman Maniscalco, seconded by Councilman Carlson. Any further discussion? All in favor say aye. Is there any opposed?

Bill Carlson 12:00:10PM

Move number 7.

Joseph Citro 12:00:16PM

We have a motion for agenda item number 7 to move the resolution for file number ps 22-78099 by Councilman Carlson, seconded by Councilman Miranda. Or Councilwoman Hurtak. All in favor? Is there any opposed?

Guido Maniscalco 12:00:39PM

[Off microphone]

Joseph Citro 12:00:44PM

That is separate. Would You like to speak to agenda item number 35, please? I believe You received a memorandum on item number 35. If You have any questions for me, I will answer those for You.

Guido Maniscalco 12:01:03PM

[Off microphone]

Bill Carlson 12:01:08PM

Second.

Joseph Citro 12:01:09PM

Let me ask this. Councilman Miranda -- Councilman Viera is not here, and that is his Public Safety. If he is not back, Councilman Miranda, would you prefer to move this all at once for the Public Safety?

Charlie Miranda 12:01:26PM

Yes, Sir.

Joseph Citro 12:01:27PM

Thank you very much. I am seeing that its 12:00. Now, We will be in recess until 1:30. [Sounding gavel] [meeting in recess]

Joseph Citro 1:31:59PM

Roll call, please.

Guido Maniscalco 1:32:01PM

Here.

Orlando Gudes 1:32:08PM

Here.

Charlie Miranda 1:32:09PM

Here.

Joseph Citro 1:32:10PM

I am here as well. We have left off and now we are hearing agenda items number 8, 9 and 10 together. However, An Important Person who I was hoping was going to be here is not. Do we have Tampa Fire Rescue online?

Morris Massey 1:32:38PM

If you wouldnt mind deferring those items. I think Chief Tripp had a conflict at lunch.

Joseph Citro 1:32:56PM

Then lets go with agenda item number 11, to be heard with agenda item number 12. We will be hearing them together but voting on them separately. We are here on items number 11 and 12. And if We -- We submitted a powerpoint, if We could get the powerpoint up.

Joseph Citro 1:33:27PM

Yes, please proceed.

Michael Schmid 1:33:41PM

There was a powerpoint presented with this.

Joseph Citro 1:33:43PM

It., Could we have it on the dais, please?

Michael Schmid 1:33:49PM

We are here because several months ago I brought forward an agenda item to amend 23.5. That is dealing with civil citations, and we wanted to designate skateboarding as a lesser offense, making it a $75 lowest category punishment offense, so if there were ever any violations of skateboarding that it would be as a civil citation. When I brought this to City Council, City Council had a motion that we come back to also look at 25.172. It has not been revised since 1995. So City Council asked that we come back, look at it. We have met with Mobility, Brandon Campbell with Mobility is here today, also. So we can work in -- we have been working with Mobility for the last couple of months to review what other Cities are doing and what we could do to update our ordinance. So based on that, I will try to go through this really fast. So recommendations are going to be designate a civil citation, we added a definition for skate boards, skateboarding and transportation purposes. We removed a prohibition from downtown and ybor except for 7th avenue. We consider removing of roller skates and in-line skates and removed any authorizes preempted by state laws. This was originally a motion that I brought forward. And presently, 25-172, skateboard coasters and other similar devices are prohibited to operator ride on any street, roadway, sidewalk in downtown. Any sidewalk in ybor, and public grants and private public unless permission is granted. And then there is presently also roller skates and in-line skates, those are prohibited to ride on, likewise, streets, roadways, sidewalks, and then areas between 6th, 7th and 8th, private property and public property. And 25.5 Establishes fine amounts from classes 1 to had. We are asking this to be a class 1, the lowest amount of $75. Presently, I hadnt heard it said so in the past, is punishment as to appear in county court, and thats what we are now trying to make it go instead of going to county criminal court. This would just a civil citation so-so here is 23.5 Schedule 1, as you see, the underlying section in the right column, 25-172 is added. So chapter 316 is our uniform traffic laws, not in an ordinance, or a matter covered by 316, expressly covered unless its authorized. 3160085, Covers governmental liability, specifically to understand skate Parks were added to encourage Cities to allow skaters in-line skaters, even bikes, to have a place to go, because oftentimes a lot of Cities prohibit them from sidewalks and things like that because sidewalks are meant for pedestrians, and a lot of Cities have determined not to allow skates, skate boards, on sidewalks. The Legislature made it so that to encourage a place for skaters to be, for Cities to have a place for skaters designated in the City would not be liable for injuries that happened at skate Parks, basically. So the City currently has three such Parks. There is also private skateboard Parks for people to go to want to skate. We looked at other Cities. We looked at orlando, miami, every surrounding City, we looked at at least ten Cities. In the end we found orlando had a definition skateboard, skateboarding and transportation purposes. We heard City Council just say that they wanted US to consider whether or not by US, Staff, to consider whether or not skate boards could be used on sidewalks for transportation purposes so they could be allowed even downtown to go to work. So orlando recently had amended theirs. After looking at all the Cities we looked at, it looked like orlando covered what City Council was asking US to consider. So the definitions that we are recommending is skateboard, and its defined there, skateboarding, and then as I said, transportation purposes. So if it would basically allow somebody to take their skateboard downtown where its currently prohibited, would allow to be on sidewalks for transportation purposes, or if you are going to work you could skateboard. If you are going just from point a to point b you could skateboard downtown on the sidewalk. But it can only be done if you are doing it for transportation purposes. So if somebody is deciding to do tricks on public property, grinding on public property or whatever that is, that would not be allowed. That wouldnt fall within the definition of a transportation purpose. So the recommended language, skateboarding would be prohibited on all public property owned or controlled by the City and other governmental entities except for transportation purposes, if a person is skateboarding, yield the right-of-way to pedestrians, gives an audible signal before overtaking and passing a pedestrian or as specifically authorized by appropriate governmental entities. Not withstanding skateboarding would be prohibited skill on 7th avenue, and on private property in the City, and also property controlled by the City. I will stop there. All right. And it would require a helmet for those under 16. Thats consistent with state law under chapter 316. That language actually came straight out of chapter 316 talking about when bikes are required to have helmets. Again it would make it a class 1 violation. So this is what we are asking City Council to consider. Its to allow different forms of transportation, sidewalks, to modernize the ordinance, parts of the current ordinance state that you can skate on the streets between certain hours. We would need to remove that as a preemption of state statutes that skates cannot be on streets so that has to be removed anyways. We need to promote transportation, damage to property, allow public and private limitations for skating, and we still want to prohibit on 7th avenue, because there is still a high pedestrian area there, and theres still many avenues to get around without being on 7th. So that is what we would like City Council to consider. We are prepared to bring back for first read an ordinance if City Council agrees with those recommendations, and we would bring back an ordinance changing it from the class 1 that we previously proposed and also all these changes to 25-172. And I am here to answer any questions.

Joseph Citro 1:41:44PM

Councilwoman Hurtak.

Lynn Hurtak 1:41:45PM

I want to say, I appreciate You really focusing on letting skateboarding be a method of transportation, and that We are taking roller blading and roller skates out, which is really funny. I can only imagine what it was like when We actually had to have that ordinance. But people still use it for transit as well. My only concern is the $75 fine. I still think thats difficult for kids. So thats an area that I would like comment, but I appreciate your working diligently to make skateboarding more of a transportation issue while keeping it away from places that We believe its not safe to be.

Joseph Citro 1:42:33PM

Councilman Carlson.

Bill Carlson 1:42:34PM

Thanks for reviewing this. As I said when we first brought this up, I dont think we -- Citro said he could better than any of US but I have friends who are skateboarders, and I think County hurt our citys reputation for handing out lots of tickets to skateboarders. It seems to me that instead of looking at whether they are using it for transportation or not, which would be hard for a kid to understand, I am trying to think of my 13-year-old or 12-year-old trying to figure out whats transportation versus something else. It seems like if there was some kind of fine that it would be around destruction of property or intimidation of other people, like if you are riding fast and you run into somebody who is disabled or something like that, that that would be more what the fine would be instead of just -- if someone is riding along and then they spin around in the other direction, does that mean they are not using at as transportation method anymore, if they change direction? When you looked at other cities, did other cities just look at it from the damage, or intimidation standpoint instead of how they are riding it?

Michael Schmid 1:43:46PM

Its already required that They follow the rules of pedestrians when They are on the sidewalks. So as long as They are on the sidewalks, They shouldnt be knocking people down or anything like that.

Bill Carlson 1:43:58PM

What about like if they are riding, if there are guards on the side of benches and things, is there a specific fine for that thats separate from this?

Michael Schmid 1:44:08PM

Thats why we are defining what transportation would be, because as long as you are operating for the purpose of transportation and not in defined leaving the ground to do tricks and things like that.

Bill Carlson 1:44:24PM

I guess my question is, whats the down side of taking this out altogether, not having any fines? It seems like the pedestrian thing is covered. We cant intimidate pedestrians, if theres some way We can prohibit today he instruction of property, then why cant they spin around and do whatever they want to do on the sidewalk or Curtis Hixon Park or whatever?

Michael Schmid 1:44:45PM

Certainly safety for the community. We are here to consider anything, but We found it to be a lot more difficult to sit there and describe a laundry list of things you cant do rather than just key fine what you can do, which is for transportation purposes. And it was difficult to come up with a laundry list of all the things that somebody cant do, that is more -- We have looked at other cities. A lot of other cities flat-out dont allow skateboarding in certain areas in downtowns, areas where theres pedestrians, for the concerns of knocking somebody over, things like that.

Bill Carlson 1:45:22PM

And I dont know if I mentioned this last time, but im particularly sensitive to this issue over the whole fight of the bro bowl and that caused tremendous anxious in our community and brought US a lot of pad publicity so want to make sure we dont do anything to do that again. But I would rather reduce and take away the fines except in the case of property damage or intimidation or hurting someone. But I will yield to the Skateboarder.

Joseph Citro 1:45:49PM

Councilman Gudes.

Orlando Gudes 1:45:50PM

I have to disagree with a little bit of this. You have to have consequences for your actions be it kids or not. Skateboarding on sidewalks, when you have people who are traveling, walking, pedestrians. Some people are not courteous. Some people are just not courteous. Most of your average skateboarders are between teenage kids, probably between 15, I would say maybe 18, and between the Airlines of 17 and 24. Those are your real skateboarders. Got too long, but you talk about causing destruction of plot, thats criminal mischief. Thats a different element versus someone, and theres an intentional act. Its no different if you have a parking violation, you park your car, you park your car, parking violation is probably about 20, 25 bucks. You know, I can go reducing the skateboarding fine down but not to have any fine down, because what you have first occurrence, Police Officer can put the persons name in a database, and maybe worn ones or twice, and the third time you get a citation for 10 or 15 bucks. But you have got to have cause for your actions. To me, I dont use skateboarding as a means of transportation. I respect everybodys opinion, but I dont. To me skateboarding is a fun activity. You can get around, but most kids I see, most teenager kids, friends going around, its going to be a way of getting around, and need to find transportation. I dont see it that way. But I see a lot of kids at times, when I was out there, you know, sometimes just being a jerk, skateboarders on the sidewalks, and its like things happen. But I dont mean to put anybody in jail or going to court for a first experience persons appearance but I do believe there should be a small 10 or $15 thing, but again looking at occurrences for second time, and hit them with something. But to not guff anything, I couldnt go along with that.

Joseph Citro 1:48:24PM

Councilman Miranda.

Charlie Miranda 1:48:27PM

I just want to ask a question for the Counselor. And I realize -- and I know that the Riverwalk a lot of people use it for many things. What about skateboarding there? Is that allowed or not?

Michael Schmid 1:48:42PM

Well, I think as proposed it would be allowed, for the same purposes, for transportation purposes, but --

Charlie Miranda 1:48:55PM

They must all be late for work. [ laughter I can tell you that. And what happened is Somebody, not today, hope never, Somebody is going to hit Somebody in the back, they are going to fall, and that riverwalk is not made out of clay or rubber. Its hardened material. And when your head hits there, you dont have a helmet like a Buccaneer does. You would have a permanent concussion. I would add that whenever the riverwalk was funded part of that Grant application, I know its been discussed, but as a multi-use path, other devices walking with --

Charlie Miranda 1:49:41PM

I am not disputing that at all. Somebody is going to be responsible for that person getting hurt and its not going to be me. Thats all.

Joseph Citro 1:49:49PM

Anyone else? Councilman Maniscalco.

Guido Maniscalco 1:49:54PM

To maybe come to an agreement on this, what if we extraordinary it first time a warning, second time $10, third time $25 and max it at $25? No? I mean, its not a zero, and its not some crazy amount.

Joseph Citro 1:50:15PM

Anyone else? Not to get off subject, I am of the opinion that all non-ada compliant motorized vehicles should not be on sidewalks. Anything that has a motor should not be on sidewalks. We have electric bikes now that are cable of doing 30 miles an hour, ladies and gentlemen. They are on sidewalks. We have scooters on sidewalks. We have those one-wheel contraptions that are on sidewalks. Tampa does note have the infrastructure to get those non-ada motorized vehicles off the sidewalks and onto a different designated path. Having said that, as a former thrasher, and I still would be if I didnt do a scorpion that almost broke my bike -- where you bend over backwards and your feet touch the back of your head. Skateboarding is not illegal. Acts of vandalism are. Acts of property damage are. Acts of personal injury -- excuse me, injury to another, are. I see many people that are using skate boards to get to and from work. I see a lot of people doing pikes on the sides of buildings out here. Theres a big difference. I personally cannot support any type of fine to a skateboarder who is using a skateboard as transportation. Somebody who does pikes on the side of a building and damaging a building or run into a car, sure, fine them for that. But skateboarding shouldnt be illegal. What is the pleasure of Council?

Charlie Miranda 1:52:16PM

My feeling is I believe you have got to have something to enhance the ability of them thinking not to do it again. And if you are going to have just a continuous, dont do it again, whether a Charlie or Mary or whatever, but we have got to have something on the second and third time and it cant be constant. $25 is like $1.50 When I was a kid. Thats a milkshake.

Joseph Citro 1:52:49PM

Im sorry, are you finished?

Charlie Miranda 1:52:51PM

Yes, Sir.

Joseph Citro 1:52:52PM

Councilwoman Hurtak.

Lynn Hurtak 1:52:53PM

Thank you. Thats why I think criminal mischief comes into play so I am not going to support any tape of feigns. I said that before. I will just say it again. I really do appreciate the redefining of skateboarding and allowing it on sidewalks. I think its appropriate. And I see a lot of skateboarders on the bus, and so people use it for that last mile transit. So I do see it used. I see at least one skateboarder on the bus when im on there. So I really cannot support any type of fine.

Joseph Citro 1:53:35PM

Did you want to make a statement? I pulled our stats for motor scooters. Those got passed a couple years ago as now to be allowed to be used on the sidewalks. There is currently a civil citation punishable by a $75 fine. I pulled the stats there. Has been one citation issued in a couple of years, so Officers, and then I pulled skateboarding skates, in ten years of skateboarding, the last ten years, eight offense reports were opened of which very few actually resulted in anything. So predominantly what you see is Officers have discretion in issue warrants. Officers are not out there working to write citations for skateboarding or skateboarders. They are issuing warnings.

Joseph Citro 1:54:32PM

Councilwoman Hurtak.

Lynn Hurtak 1:54:34PM

But generally scooter riders legally have to be 18. They are required to be 18 to ride one of those motorized scooters, if I am remembering things correctly. And again, I really feel that criminal mischief if theres something going on an Officer can still giving a warning under criminal mischief and still give a fine based on criminal mischief. I think we are just adding something who where it doesnt need to be added.

Joseph Citro 1:55:03PM

Councilman Carlson.

Bill Carlson 1:55:04PM

Three things real fast. Number one, you talk about how if these havent been used very much, but it seems like these kinds of policies are not abused by the Officers' discretion but if somebody above them sets a policy like while biking while Black, its a policy from above that based on news coverage in sent advised Officers, compensated them for writing more tickets. So if we got a Mayor in the future who didnt like skateboarding and wanted skateboarders off the street, it seems like they could abuse it by giving instructions to the Police to give incentives to write tickets. Thats why I would like to protect the public. I think being fair your original idea in coming to US was to reduce the fine. And unless I am wrong, to have no fine, we would have to undo the existing ordinance?

Michael Schmid 1:56:02PM

As the ordinance currently stands its a notice to appear in County Criminal Court. And thats the way it currently is. So the original idea was to reduce it down to the lowest categorized fine.

Bill Carlson 1:56:19PM

Yeah, because You saw the same We saw but You were trying to reduce the fine. You were trying to be kind, and it sound like We are being critical of what You proposed, but some of US dont believe in having anything.

Michael Schmid 1:56:31PM

We want to bring back to you what you guys ultimately want.

Bill Carlson 1:56:36PM

I think I would rather rescind it. Usually The Chair goes last but in this case The Chair is a Content Expert and I would like to know what he proposed.

Joseph Citro 1:56:44PM

I was. I was. Councilman Gudes.

Orlando Gudes 1:56:48PM

I listened to my Councilman and Councilwoman, and you are right, to get on the bus and that last leg skateboard to get to work, and thats legitimate. I agree. I hate skateboarding on sidewalks because sometimes people are not courteous. Thats the problem I have. But I can live with it. Mr. Carlson does have one point. If you have an issue in a certain area where people are not being courteous you could have supervisors like citizens make complaints, say someone got hurt, and it comes out where you go out there and monitor the area. And then you could have an Officer go out there and write citations, you know. You are right on that. But me being the old cop, there isnt that most would be doing. But I aint going out giving no kids tickets. I am going to take it to your mamas house but you Captain say not have any consequences because you have to have those knuckleheads, they are going to continue to do whatever they want to do no matter what you want to and sometimes you have to take a little of that candy money. I wouldnt same $75. I think $15 would be adequate. Thats not a big amount of money but little kids, you talk about teenagers are kids, and I can look at about 10 or 15 bucks as a wake-up call. But it could be repetitive. I just think that, you know, looking at a first-time occurrence, even the second, and then at the end, $10 or 15. But I just cant support not doing anything.

Joseph Citro 1:58:48PM

Councilman Gudes?

Orlando Gudes 1:58:54PM

Im finished.

Charlie Miranda 1:58:57PM

I feel like Councilman Gudes, and what we are talking about is Skateboarders but we are forgetting that the Skateboarders arent the only ones on the sidewalk. For every Skateboarder theres at least 500 people walking oh it sidewalk on and off. So one way this way, one way this way, you have got people walking east and west, one going east, one coming west, and you have a Skateboarder coming on both sides. Nothing is going to happen, im sure. I rest my case.

Joseph Citro 1:59:27PM

Councilwoman Hurtak, and lets have last round of questions, or last round of statements.

Lynn Hurtak 1:59:32PM

I just want to speak as a bicyclist on the riverwalk. I use it constantly, am there at least once a week. And, you know, most cyclists I see are pretty good. I just bought myself a new bell for any new bike that didnt have one so you ripping it and let people in front of you see to move over, and encouraging Skateboarders to say something. But ultimately, oftentimes, I hate to say it, its the pedestrians who are the worst because they walk like -- on riverwalk. And you say excuse me. Excuse me. And you have to wait and you slow down. So thats what a Skateboarder would do. They are not going to mow people over. Kid dont want to mow people over. We arent seeing skateboarding when we were younger. I just dont see this as an issue. I want to mention as somebody who regularly utilizes the riverwalk, the cyclists -- and ive seen Skateboarders on there -- are good about just waiting until someone passes and then they can safely pass. Its just about being a good citizen. As far as I can tell, we havent been able to regulate good citizenship. If we had, I think we would have at this point. Thats all I wanted to say.

Joseph Citro 2:01:00PM

Anyone else? What is the pleasure of Council?

Bill Carlson 2:01:07PM

Can we get your content --

Joseph Citro 2:01:09PM

My opinion is skateboarding is not illegal.

Bill Carlson 2:01:12PM

Would you make a motion to rescind the fine altogether? What would you do?

Joseph Citro 2:01:19PM

I already said that my opinion is that skateboarding is not illegal.

Lynn Hurtak 2:01:25PM

Then ill make a motion that We come back with an ordinance that says, that just takes it off. But I do think that We need to have the definition of it being allowed to be -- I mean --

Joseph Citro 2:01:40PM

Speak your piece there, sir. Believe there is a need for a skateboarding ordinance. Ive reviewed a lot of case law, so the reason the Legislature created the exemption for the skate Parks and things like that is to encourage skating at the skate Parks. Not on the sidewalks. And if we dont have anything on the books and a Skateboarder sues the city, right? And does tricks and does whatever and we say, oh, we dont have anything on the books prohibiting skateboarding, we are setting ourselves up for lawsuits. Im just bringing that out there. There needs to be some regulation of skateboarding.

Joseph Citro 2:02:25PM

In that thought pattern, The State came out with this when?

Joseph Citro 2:02:30PM

Yes. Skateboarding has been prohibited --

Joseph Citro 2:02:36PM

Five years ago, ten years ago? 20 years ago?

Joseph Citro 2:02:43PM

Things have changed. We are such an urban environment right now that somebody that needs to get five blocks away to where their job May be, a skateboarder is going to be the quickest, easiest way to go. With the price of gas, some people are relying now on skateboards. Times are different. Im sorry. Councilman Gudes. Councilman Maniscalco.

Guido Maniscalco 2:03:12PM

I would like to make a motion that we reduce it, then, to a warning. Not take it off the books from a notice to appear, just take it down to a warning. Yeah, at least something. The Police Officer has the discretion to say, you know, im going to take you home. Ill take your board. Dont do it again. But, you know, if theres property damage, then thats a separate thing. Could an officer then charge somebody there? Thats covered. But, again, we have an ordinance in place, and thats it. But we have something. So in the case that we are sued, we have some kind of protection. Again, the motion would be to reduce it from a notice to appear to just a warning. No fines. Just a warning.

Joseph Citro 2:04:00PM

Councilwoman Hurtak.

Lynn Hurtak 2:04:01PM

Do we have these laws on the books for scooters? Do we have them for Bicyclists?

Lynn Hurtak 2:04:10PM

Because it sounds like were just singling out Skaters here. And if we dont -- and if we do have laws for scooters and bicyclists, if we could just lump skateboarders and rollerbladers and roller Skaters and one-wheelers and all of it together.

Michael Schmid 2:04:32PM

The chapter 316, as I gave a brief overview, already discusses bikes, e-bikes, motorized scooters. What we are talking about is, though, there is a specific section in 316 that says skates, roller skates are not allowed on the streets, but the Cities can choose to allow them on sidewalks. So there are certain things that the Cities traditionally decide whether or not to allow on sidewalks, which are pedestrian use, primarily, but should the city allow other things. So thats why Cities have regulated skates on sidewalks because they absolutely cannot be on the streets. Bikes can be on the streets. Bikes can be on bike paths. Skates cannot.

Lynn Hurtak 2:05:16PM

That was not my question, though, and I apologize if I was not clear. My question was, do we have laws on the books that fine Scooter Riders and Bike Riders?

Michael Schmid 2:05:27PM

Under chapter 316 there are already prohibitions that result in a civil citation. Plus we have our motorized scooter ordinance for sidewalks.

Lynn Hurtak 2:05:34PM

For what?

Michael Schmid 2:05:36PM

For bikes?

Lynn Hurtak 2:05:37PM

Yeah, what are those citations?

Michael Schmid 2:05:40PM

The amount of the fine is I believe its going to be $30.

Lynn Hurtak 2:05:43PM

Can we just put skateboards in with that?

Michael Schmid 2:05:47PM

Thats under state law. Its under chapter 316.

Lynn Hurtak 2:05:51PM

Can we choose to just follow the same law that we use for scooters and bicycles and one-wheels? I mean, doesnt that seem fair? Im not thrilled with it, but if were already allowing $30 fines for bikes and scooters, I mean, I still really -- I dont care for the fines involved with skateboarding.

Guido Maniscalco 2:06:20PM

My motion still stands.

Orlando Gudes 2:06:22PM

[Inaudible]

Joseph Citro 2:06:24PM

We have a motion made by Councilman Maniscalco. Seconded by Councilman Viera.

Guido Maniscalco 2:06:32PM

My motion would be to not eliminate this ordinance, but to reduce it from a notice to appear to just a warning. Thats it.

Joseph Citro 2:06:45PM

Councilman Viera, youre still seconding?

Luis Viera 2:06:48PM

Yes, Sir.

Joseph Citro 2:06:50PM

Councilman Carlson.

Bill Carlson 2:06:51PM

So if we do this, what happens the second and third time? Do they still get fined? Is it still just a warning?

Michael Schmid 2:07:00PM

Thats up to City Council.

Bill Carlson 2:07:04PM

I didnt know if changing the first one would change whatever --

Joseph Citro 2:07:08PM

Councilwoman Hurtak.

Lynn Hurtak 2:07:09PM

Im going to support this because truly if youre grinding on city property or publicprivate property, you can still get a criminal mischief fine for that. I think that is a grand solution and I support it. Thank you.

Joseph Citro 2:07:27PM

Councilman Gudes.

Orlando Gudes 2:07:28PM

I cant support that. Not having any consequences, I cant support that. If you said a warning and then a subsequent after that, maybe 10, 12 bucks, something like that, but I cant support no fine at all. Even if you put it in the Bicycle Chapter, the Bicycle Chapter already said its $30. If you put it in, pay $30. Im saying maybe 10 or 12 bucks. You just cant say ill stop you one day, same guy doing it every, every day and we dont -- you know, it doesnt make any sense.

Joseph Citro 2:08:03PM

Lets go to a vote, please. All in favor? All in favor say aye. Is there any opposed? Lets do a roll call vote.

Charlie Miranda 2:08:14PM

No.

Lynn Hurtak 2:08:16PM

Yes.

Bill Carlson 2:08:18PM

Yes.

Orlando Gudes 2:08:18PM

No.

Luis Viera 2:08:20PM

Yes.

Guido Maniscalco 2:08:22PM

Yes.

Joseph Citro 2:08:23PM

Yes.

The Clerk 2:08:25PM

The motion carried with Miranda and Gudes voting no.

Joseph Citro 2:08:30PM

Thank you. Im sorry.

Michael Schmid 2:08:33PM

Point of clarification there. So the current ordinance reduce -- what we currently have, reduce it down to a warning is what youre asking?

Joseph Citro 2:08:42PM

Thats correct.

Michael Schmid 2:08:42PM

Thank you.

Joseph Citro 2:08:45PM

Councilwoman Hurtak.

Lynn Hurtak 2:08:46PM

But we are also then making it legal to skate on the sidewalk, correct?

Joseph Citro 2:08:52PM

If youre getting a warning for skating on the sidewalk, then its not legal. Okay. Lets go -- now, Chief Tripp, youre here? Yes, I see you back there. Lets go to 8, 9, 10. Again to be heard together but voted on necessary separately.

Luis Viera 2:09:24PM

Can I say something on number 10 because I think this will save time?

Joseph Citro 2:09:28PM

Surely, Councilman Viera.

Luis Viera 2:09:29PM

Hi, chief. Thank you very much, maam. For number 10, what I was actually requesting, and I spoke to Chief Bennett about this yesterday, was a panel of citizens picked by Council, Mayor, et cetera, et cetera, to see on how we can improve our policies holistically on mental health in a wide array of areas. So I wouldnt want you to go -- the memo was wonderful, and I really appreciate it. But I think that by going through it, its not directly on what I was looking for. Again, wonderful information, but in other words, I wouldnt want you to go on to something if im going to make a motion that kind of takes it in another direction. You see what im saying? In other words, if it pleases the chair, I would -- unless if Chief Tripp wants to talk about that, obviously within your discretion, but thats it.

Joseph Citro 2:10:25PM

Councilman Gudes.

Orlando Gudes 2:10:28PM

I read the memo. I have some concerns about having an outside panel. Youre talking about policies as it relates to Police And Fire, mental health. I think youll run into some Union issues.

Joseph Citro 2:10:44PM

Can we hear our staff report and well go from there?

Orlando Gudes 2:10:49PM

I was saying, we can hear the staff report, thats why I asked to be recognized so I can let him know where issues are at.

Joseph Citro 2:10:57PM

After we hear the staff reports, we can go into questions, answers, comments, issues, everything. Chief Tripp.

Chief Tripp 2:11:03PM

Good afternoon, council. Barbara Tripp, Tampa Fire Rescue. My apologies for the delay. I was at another meeting. Do we want to talk about 10 first? It will be quick because basically with that, if youre looking for a panel to talk about fire and police mental health, I think that should be something internal as opposed to external because were kind of like the only one that knows kind of what we go through. If thats what youre looking for, ill get back with chief of staff and administration and come up with a panel to address that. I personally dont think we should go externally.

Joseph Citro 2:11:42PM

Councilman Viera.

Luis Viera 2:11:43PM

That wasnt actually what I was looking for. Your-alls internal policies thats not limited to that, it could be dealing with the way employees deal with the public, et cetera. Parks and Recreation, benefits, just overarching deals with mental health, not limited just to police and fire. But, again, what I was looking for was the administrations position on that. So if you all are opposed to that and give me a good reason as to why its not a good idea then maybe I would be like, hey, you guys have a great point. Thats all. I dont need an answer today.

Chief Tripp 2:12:18PM

I was going to say the policy we have now, the procedures that we have works, you know, for our Firefighters And Police Officers, our first responders. I cant speak for the Atu because I dont know exactly what they have, but thats part of the city policy for any City Employee to follow through that program that they have. And you specify public safety, so thats why fire and police put their additional system that we put in.

Luis Viera 2:12:46PM

Sure. Again, I dont recall -- actually, I do believe what I recall I motioned for. I think it was for an overarching policy of the City Of Tampa, not just police and fire. So thats why I spoke to John Bennett about it yesterday because I think maybe there was miscommunication on this. Again, all im looking for to see is the administrations position on it. And if there is a reason to not do it, then ill be glad to withdraw it. Again, I think that publicly discussing it at this time kind of defeats the purpose of going internally, et cetera. Thats what I was looking for, so I think -- like I said, the memo is not at least related to what I was looking for, if that makes sense.

Chief Tripp 2:13:25PM

Okay. Youre looking for an overall city policy.

Luis Viera 2:13:28PM

Yes.

Orlando Gudes 2:13:29PM

I wasnt asked to be recognized --

Joseph Citro 2:13:31PM

You have questions for The Chief on agenda item 10. I believe thats what Councilman Viera was talking about.

Orlando Gudes 2:13:39PM

I just know the history. I think the Chief knows where im going with that. Youre going to have a hard time, Mr. Viera, convincing the Union. I cant speak for City Employees, but I can tell you, you talk about police and fire an outside panel talking about their health conditions and mental health, im just saying I dont see that happening. And I dont want to get on camera saying why, but I know why that would be a problem quickly. I know youre trying to advocate getting things in place. And there are things in place if someone is having a problem or they seem distressed, but you have outside source come in and evaluate Public Safety Officials.

Chief Tripp 2:14:33PM

If We have a problem, We can address it. But I dont see that We have a problem with the program that We have or with the assistance that We have.

Joseph Citro 2:14:43PM

Councilman Viera.

Luis Viera 2:14:44PM

Thank you. Again, were having a discussion publicly on something that should probably be held privately. Im not asking for people to be evaluated. What im looking at is things like perfect example. We have the mental health professionals who work for Tampa Police depend, right? Can we better fund that? Thats just one. Its not about doing analysis of employees or anything of that. Its about policies. Thats it. So thats why I would request, Mr. Chair, if I May, I can make a motion at the end to put this to another time because I think this is --

Chief Tripp 2:15:21PM

I guess one of my questions, too, is there a problem? Is the system broken?

Luis Viera 2:15:26PM

Like I said, Chief, lets have this privately. I spoke to Chief Bennett about this. Ill speak to him during the meeting about this as well, but this is for a private conversation.

Chief Tripp 2:15:36PM

Okay. No problem.

Luis Viera 2:15:38PM

Thank you.

Chief Tripp 2:15:38PM

Thank you.

Joseph Citro 2:15:41PM

Do you want to go ahead and proceed with agenda items number 8 and 9, Chief?

Chief Tripp 2:15:47PM

I believe agenda item number 8 refers to the money, the funding for New Tampa. I sent a memo in.

Joseph Citro 2:16:01PM

Councilman Viera, were you satisfied with that memorandum?

Luis Viera 2:16:05PM

I do want to bring this thing back because there are some requests for more time, and I have no problem with that. I want to make sure that we get a specific time on that, which im sure youre fine with. When you deal with the issue of new Tampa, 33647, as you know, the issue is not number of calls. Its potential response times, particularly with k-bar ranch area. In the memo, Tampa Fire Rescue says they need more time, im totally fine with that. But I just want to make sure that we have a time when that answer is going to come back to US. Ill make a motion for that, if I May. For north Tampa, and speaking to you, youre potentially looking at fowler area potentially for a new station and youre looking at real estate out there, et cetera. Again, you need more time on that, I have no problem with that at all. You know, my main issue is that we had a million dollars in the budget for District 7 for Tampa Fire Rescue, right? And I want to make sure that we know how that money is going to be spent because there are real acute needs in District 7 whenever it comes to Tampa Fire Rescue, and I want to make sure that we keep on that. So im going to motion for this to come back to US on December 15th. Again, if you need more time, ask, and im fine with that.

Chief Tripp 2:17:19PM

Can I comment on both of them? Okay. So as far as -- first of all, thank you all for your support with Tampa Fire Rescue and for getting the need out there of helping the community and for the men and women responding to the calls. So when I look at the money for District 7, those monies, as I stated before, is going to be used to put additional resources up there to assist. When I reviewed -- its all about the data. We have the information. And youre right. Its not the response call -- the number of calls; it is the response time. So when I broke down the calls, a lot of that deals with nonemergency calls. As I explained the a, b, c and d calls. With that, im looking to see if we can partner with nonemergency units to see if they can stage someone with the call response time as well as additional resources for Tampa Fire Rescue in that area. So were talking about two different boxes. 262 and 263 which is in k-bar. We know its one way in, one way out. Also working with mobility and the county to see about getting an access road off of morris bridge. Now, with that, you know, once again, been in this position for 16 months, helping out the north Tampa area, we finally got station 25, and that leads into the next agenda items about station 24 and 25. So it took US a year to get that station up and running, which has helped out the north Tampa area. The call volume has equalized among the units up there, which shows also the unit hour utilization for each individual has decreased, which thats what were looking for. Im looking to do that throughout the City Of Tampa. Once again, it took a year for that, so it will take time to continue, you know, moving it along. Now, with that, we talk about personnel. I have hired over a hundred people in the last year. I do multiple hiring groups to get our stats up and our numbers up to help accommodate, you know, what we need for the community. So that is my goal. Now, when you say time, we have -- I worked with the Real Estate Department. We have looked at -- they have done about 25-plus sites that we have had no good luck on as far as purchasing. And that has also been a concern and issue, too. We talk about the value of it and we talk about the location. We just cant put it anywhere. Thats not what im going to do is do a knee-jerk reaction and put it somewhere where it is not needed. So im strategically looking to find the perfect spot to put this to help the north Tampa area as well as assist the community throughout the City Of Tampa, not just north Tampa. Im doing the same thing for south Tampa, east Tampa, and downtown Tampa as well.

Joseph Citro 2:19:54PM

Councilman Viera.

Luis Viera 2:19:55PM

Obviously, not looking for a knee-jerk reaction, what I was looking for was the million dollars that were specifically dedicated to District 7.

Chief Tripp 2:20:04PM

Yes, Sir.

Luis Viera 2:20:05PM

When you speak about all of the City Of Tampa, we proposed a couple of years ago a public safety master plan for all of the City Of Tampa whenever it comes for Police as well as fire. That includes south of gandy. That includes sulphur springs, east Tampa, south Tampa, north Tampa, new Tampa, et cetera, et cetera. I dont want this to make it seem as if im just looking out for District 7. Im looking at the million dollars that we passed in the budget and to see how thats going to go to address the deficits that we have in District 7. Very simple. I dont want my motion to be misconstrued.

Chief Tripp 2:20:37PM

So with that, I am also putting a Heavy Rescue Unit up in the 3347 because the need for -- to respond to the interstate as well as areas up there, I am looking. We actually have a heavy rescue on order thats going to assist with the funding of that million dollars as well as putting additional personnel to offset that unit as well as additional resources, whether it be non-transport or transport up in the 33647 area.

Luis Viera 2:21:04PM

Great. Ill motion for that to come back. I can do it at the end of the meeting or now, Sir.

Joseph Citro 2:21:11PM

Councilman Gudes.

Orlando Gudes 2:21:11PM

Chief, thank you for your efforts. We started the journey back in 2019 with little station 10. A lot of work needs to be done on that one as well. But we were able to get things moving over there. Im grateful we did get a Public Safety Service come back and talk about the different areas and the relief up there with the new station, with the remodel station that helps sulphur springs. Member Viera shared some of that boundary there. Were appreciative of the work youve been doing. I tell you, you hit the ground running from day one, and you havent looked back. Im very proud to say to call you Fire Chief because youve done a heck of a job. I want to make sure, were still on with you and the Union tomorrow at 10. I think its in my calendar. I have it written down somewhere, is that correct?

Chief Tripp 2:22:03PM

Yes, Sir.

Orlando Gudes 2:22:04PM

Talk about the other issues well talk about.

Chief Tripp 2:22:07PM

Yes, Sir.

Orlando Gudes 2:22:08PM

Thank you so much for what youre doing. See you tomorrow morning at 10.

Chief Tripp 2:22:12PM

Thank you.

Joseph Citro 2:22:15PM

I guess we are now going to talk about agenda item number 9. Councilman Viera.

Luis Viera 2:22:22PM

Its all the same.

Chief Tripp 2:22:23PM

It is combined. With station 24 and 25. That was a great move for Station 25.

Joseph Citro 2:22:29PM

Thank you very much, Chief. Anything else you want to add?

Chief Tripp 2:22:32PM

No, sir. Have a good day.

Joseph Citro 2:22:35PM

Agenda item 13, file cm22-77271. Councilman Carlson.

Bill Carlson 2:22:53PM

This was my motion, and just to set it up, City Attorney has sent US a memo and at the end of the memo it says that on page 4, conclusion and recommendations, that should City Council -- ill paraphrase -- want to regulate settlement decisions, the recommendation from the Legal Department is to limit only the ones above $100,000 and the ones that have to do with City Council. Unless you all want to go through that whole presentation here, I would say -- I would like to make a motion to ask the City Attorney to develop an ordinance to delegate City Council's authorities as defined in charter section 7.02 And 8.01 To sign contracts for lawsuit settlements under 100,000 and to make payment for those settlements under 100,000 without appearing before City Council for approval. Lawsuits against City Council or City Council members would not be included in this exemption. The ordinance would be renewed every five years to be presented for first reading and consideration on December 15.

Lynn Hurtak 2:24:13PM

Second.

Joseph Citro 2:24:17PM

Im going to say I havent even heard the presentation from Ms. Zelman. I will say this, we have a motion on the floor from Councilman Carlson, seconded by Councilwoman Hurtak. My discussion is going to be id like to hear from staff.

Andrea Zelman 2:24:34PM

And if I May, in order to respond to that motion, can I get a copy of it? Because it was hard to follow. If you have a copy --

Bill Carlson 2:24:43PM

I dont have a copy here, but I can make one.

Lynn Hurtak 2:24:48PM

I also read the report, and I think youre just making a motion off of what the recommendations from the report were, correct?

Bill Carlson 2:25:01PM

Yeah, and the report was sent to US a couple of weeks ago. I was trying to save time. You want to hear a presentation, fine. I was trying to get a charter amendment related to this and the recommendation was to do it by ordinance and specifically exclude, as the document says here, exclude items under 100,000 and any related City Council. Im following those guidelines and pushing the ordinance.

Joseph Citro 2:25:23PM

Ms. Zelman.

Andrea Zelman 2:25:24PM

What is the wish of Council? Do you want me to go through the memo or do you want me to respond to that motion or do you want me just to take the motion and well bring you back something in response to the motion? I know were short on time today.

Joseph Citro 2:25:37PM

This is staff report. Councilman Carlson said hes happy with it. Ive looked at it, but I havent heard staffs side of it. And we have a viewing audience and people that are here in Chambers that May not have seen the memo.

Andrea Zelman 2:25:50PM

Okay. Just to be clear --

Joseph Citro 2:25:53PM

Thats transparency, right?

Andrea Zelman 2:25:54PM

Yeah. Its not a question of sides versus sides. The question was understanding the City Attorney's role with regard to the approval of settlements. As I explained in the memo, under the charter, the City Attorney has management and control of all legal matters of the city. Legal matters include the settlement of lawsuits, which typically occurs in the majority of civil cases. I went on to explain that we have at any given time hundreds of cases. The vast majority of them are personal injury lawsuits arising from motor vehicle accidents or trip and fall on city property. And I went on to explain that when Gina Grimes took over as City Attorney in 2019, she established what I think is a very good process whereby we have a settlement committee made up of the City Attorney, a Deputy City Attorney, Representatives Of Risk Management, and then the assistant city attorneys that are actually the trial attorneys in these cases. And we review proposed settlements at great length once a month. And typically, the timing of those reviews are driven by the attorney has an upcoming mediation, so they need authority to have some dollar amount to propose at mediation or there is a hearing upcoming or worst-case scenario there is a trial coming up. And at those settlement conferences, we go through all sorts of details. The plaintiffs age, their marital status, their earning capacity before and after the incident. The credibility of the witnesses. All sorts of things that factor into the decision as to how much any particular lawsuit should be settled for. And then ultimately reach a determination and have that settlement authority. Now, just to cut to the quick, because I understand what Mr. Carlson is asking for is for City Council to be involved in approving settlements. So what I had suggested was actually one of two things, although it sounds like maybe hes combining them both, and that is either just bringing to City Council for settlement approval those lawsuits that involve an action that Council took. An example would be several years ago Council passed an anti-conversion ordinance that was found -- anti-conversion therapy ordinance. It was found to be unconstitutional. We now have a demand for attorneys' fees for which the city is liable. The demand is for $2 million. Were still negotiating that settlement. But when we do reach a settlement amount, its going to be probably pretty significant. So something like that we would bring back to Council. One little piece I left out of this is for Council to discuss settlements, we have to have whats called a shade meeting under Florida statutes. And thats an exemption to the government in the sunshine law where we have to notice the meeting, but then we have it in private with just your attorneys present. We have to have a certified court reporter present. We discuss the settlement. We reach agreement. Once the case is concluded, that meeting, the transcripts of that meeting become public record. Just to be clear that that would be the manner in which settlements would be discussed at City Council unless you were simply to approve a settlement on consent agenda. Again, if you pull it off consent, then that triggers the shade meeting. So, again, my two proposals were just bring you the settlements that pertain to City Council business, im sorry. Again, an ordinance that you pass, an action that you took, the land use things tend to come back to you anyway because typically people invoke the fluedra process or if they file a petition for writ of certiorari, in any event they typically come back to you with a new proposed rezoning plan, or whatever, which you then have to approve at a public meeting anyway. And then the other category I think I referred to was maybe -- and I cant think of a particular example, but something in my gut tells me this May happen someday, that there is a lawsuit where maybe future similar actions could be prevented if City Council were to act legislatively, so it would make sense to bring that kind of settlement to you. And then my option two -- thank you -- in the memo was, again, just go with the dollar threshold. And there currently is an ordinance on the books that has a $25,000 or more threshold. My proposal would be to increase that to 100,000. Thats consistent with two things. One, looking to the east, thats the threshold of matters that go to the Hillsborough County Board of County Commissioners. Anything below that they can settle without board approval. And thats also the threshold that Council has set for approval of contracts. Contracts of 100,000 and above have to come to Council. Contracts below that dont necessarily have to. Again, it sounds as if what Councilman Carlson is proposing is sort of a combination of both of those. We could write an ordinance that way. Whatever is the pleasure of Council.

Joseph Citro 2:31:53PM

Councilman Maniscalco.

Guido Maniscalco 2:31:55PM

Back in my day, I remember on the Consent Agenda We would have -- I know, not that long ago. We would have lawsuit settlements that We would have to approve. I remember one was like $60,000. And there was no discussion on it. It was just on the Consent Agenda, but then that disappeared. Not that I recall lately in the last few years, maybe three or four years, that that has appeared anymore. Was that an executive decision or from a Past City Attorney?

Andrea Zelman 2:32:23PM

I attached this to the memo. Back in I believe 2018, Sal Territo had written a legal opinion. August 16th of 2018, a legal opinion interpreting 5.01 To provide that settlement of lawsuits did not need to be approved by Council. And, therefore, that was when they stopped bringing them.

Guido Maniscalco 2:32:49PM

Okay. One last question. This is to council member carlsons motion. To delegate City Council's authority as defined in the charter, and it cites the sections, to sign contracts for lawsuit settlements under 100,000. Meaning the Chairperson would sign those, correct? Just like we do on anything that goes through the consent agenda.

Andrea Zelman 2:33:09PM

Yeah, so im -- I would want to flesh out this language a little bit. Its very rare -- its very rare that we have a signed settlement agreement. Typically, when cases settle, the Plaintiff will sign a release, and the City will pay. So it really isnt about signing contracts or signing settlement agreements; its basically just authorizing the City to move forward with a settlement and a particular dollar amount.

Guido Maniscalco 2:33:40PM

Going back to, signed contracts for settlements under a hundred and to make payment for the settlements under 100,000 without appearing before City Council for approval. I dont understand that. It doesnt come to US but we sign it, so how do we vote on it?

Andrea Zelman 2:33:58PM

You wouldnt be signing. You wouldnt be signing anything. The Mayor wouldnt be signing anything.

Guido Maniscalco 2:34:04PM

Okay. Thank you very much.

Joseph Citro 2:34:05PM

Councilman Gudes.

Orlando Gudes 2:34:06PM

Im really confused. We sat here for hours on end on Tuesday about this issue. Hardly any questions, but today we have a bunch of questions. Ms. Zelman talked about when you need to go into a closed session. I made mention of that. I made mention about a lot of these things. I made mention that lawsuits, per the ordinance or charter, what I read is that they should be coming to City Council from Hr so we know how many lawsuits have been settled. Ive never seen anything like that. I thought there was a list thats supposed to come. If they are doing settlements.

Andrea Zelman 2:34:50PM

If I May, City Council attorney Shelby made me aware yesterday that in 2006, the county approved -- the county -- the City Council approved an ordinance requiring hr settlements between 10,000 and 25,000 dollars to be reported to council on a quarterly basis. Apparently, the reason none of US knew about that was that Municode never published that part of the ordinance. So to my knowledge, its never been followed. I would strongly -- whatever result comes from today, were going to have to amend that part of the code anyway. I would strongly encourage council to remove that part of the 2006 ordinance. Ill tell you why. There are plaintiffs' attorneys that keep databases of what different jurisdictions will pay for a nuisance settlement. If you get a trip and fall in Hillsborough County, I can take your case and I can get you $5,000 without having to do anything. That was obviously a hypothetical example. But the last thing we want to do is advertise to the Plaintiffs' Bar what were settling some of the -- if I tell you how many cases we get all the time, and the cases im talking about are where they actually file suit. Theres that much and more that go to risk management that are settled before a suit is even filed. To publish, to make public in an easily obtainable database all those claims is not at all in the citys interest.

Orlando Gudes 2:36:33PM

What bothers me is that time and time again We find that things that are supposed to be in Muni or things posted done. I can recall back when you talked about the audit, that was never done, but voted on and passed but hadnt been inputted. These are the small things that are happening, and when We have an issue with this Council, its like were the bad person. Were not the bad person. This is what put into play, but no one is following the rules. Let me finish, Ms. Zelman. Our job is to make sure, protect this house of the city and make sure the rules are followed. Sometimes people dont like when We be big brother, dont follow the rules, then were the bad people. Thats the problem I have with the way this Government is running here. We bring up things that people know that are wrong, but We continue to show a blind eye to them. And it will continue to be bad, when that issue May come up two, three years. Eventually it May come up again. Yet, We didnt fix it the last time. This is the problem I have that to me sometimes were not doing our job that the public entrusted US to do. They entrust US to fix the issues when they come before US, and there are issues that We have not fixed. Today, I see this item here that We could have dealt with on Tuesday. We could have dealt with it. The bottom line, settlements need to come to this Council so We can know what everyone is doing.

Andrea Zelman 2:37:59PM

Well, if I May, on Tuesday You were discussing charter changes. This doesnt require a charter change.

Orlando Gudes 2:38:06PM

Im saying we could have dealt with this still on Tuesday.

Guido Maniscalco 2:38:10PM

Lets deal with it now.

Joseph Citro 2:38:12PM

Councilman Carlson.

Bill Carlson 2:38:14PM

What happened on Tuesday is that folks said, well, just make it an ordinance instead. Thats what im trying to do. Im trying to follow the guidelines that were in this document. The issue which I described the other day is that there is this 2018 memo from Sal Territo as City Attorney, two paragraphs that change the charter. Some of the media coverage the other day said we were trying to expand the powers of City Council. No, this is a case where in 2018, a City Attorney in two paragraphs took away the powers of City Council. And so if You look, youre going to get a copy of it in a second, but I had Mr. Shelby do some research. And theres plenty of examples of this. But in 2006, theres an ordinance that was passed that Ms. Zelman just referred to that gives the City Attorney powers below 25,000. If in 2006 and Pam Iorio signed it, if in 2006 the City Council delegated authority below 25,000 and no charter amendments were made between 2006 and 2018 in that regard, why did the City Attorney suddenly make an opinion thats adverse to an ordinance that the mayor at the time in 2006 signed and was okay with? Something else was going on. What I want to do -- and I can read this again. I think You all have copies of it. What I want to do based on what You all said the other day is pass an ordinance, following Ms. Zelman's guidelines, but the keyword here, I dont care if You all follow her advice and make it a hundred thousand. I pulled it from her. If You want to make it a million dollars, thats fine with me. The number one word I want in here is "delegate." That is to protect the powers of City Council that were taken away by this 2018 memo. We cannot allow powers to be taken away. Were not asking for any new powers, but the point is that if the City Attorney is going to sign contracts and pay payments, look in the charter, 7.02 And 8.01, We have those powers. I can read this document. Nowhere under the power -- 5.01, Nowhere in the powers of the City Attorney does it say the City Attorney has the right to sign contracts or pay payments. It says the city can negotiate. But negotiate does not mean sign contracts and pay. Just like the Mayor's Office can negotiate a lease, but we have to approve the lease. We have -- the Mayor's Office can negotiate a sale of a building, but we have to approve the contract and the payment of it. If the City Attorney needs flexibility on hr issues, or whatever, we can add that in here. But we must have an ordinance that supersedes this letter from 2018 that clearly shows that its our power and were delegating it to the City Attorney. Thank You.

Joseph Citro 2:40:59PM

Councilman Viera.

Luis Viera 2:40:59PM

Thank you very much, Mr. Chair. Im glad to support this and thats what I said on Tuesday, which is I dont want this to be in the charter if we can look at it reasonably by virtue of ordinance. And ill repeat what I said on Tuesday, which is that a lot of settlements, to have a policy that brings all City Of Tampa settlements before City Council would put at risk our legal claims and would subject the city to more lawsuits. Plaintiffs' attorneys -- ive never been one. Ive been an attorney for 19 years, always done defense work. God bless the Plaintiffs Bar. But they have sites that talk about what you can get from different insurance companies, from different corporate entities, from different governmental bodies, et cetera. If we start to publish that information through City Council settlement subject to City Council questioning, it will be a giant "kick me" sign on the behind of the City Of Tampa for the plaintiffs bar. Thats a fact. Whenever you deal with settlements, youre also dealing with things that are personal. The impression that a plaintiff makes. The impression that a defendant driver makes or a City Of Tampa employee. Something that maybe somebody knows about something in the case that is not public yet that we dont want to have public, but the forms, the rationale for a settlement. Diving so deep into those issues, again, this ordinance proposed by Councilman Carlson, 100% for it because its reasonable and it picks those cases that are larger or the ones that originate from our actions, im 100% fine with that, but it saves the city again from having that giant "kick me" sign on the behind from Morgan And Morgan. God bless Morgan And Morgan. I have a lot of cases with them. Thank you.

Joseph Citro 2:42:47PM

Councilman Maniscalco.

Guido Maniscalco 2:42:48PM

Thank you very much. We have a different City Attorney. Its not 2018 anymore. I disagree with the opinion of 2018, and I think this is the right thing to do for the sake of transparency. Again, I mentioned when I first got here, we would see the settlements, 60,000, 50,000, smaller amounts, but they would come to City Council and the public had an opportunity to see them. I never remember any type of discussion; however, it was in plain view. Somebody could pull the agenda and say, "oh, they are settling for whatever." And they knew about it instead of not being visible as it used to be before. So I disagree with the opinion of the Former City Attorney. I think this is wise and in the name of transparency, and it just takes US back to how things used to be when it was more transparent early on when I got elected. And I dont see anything wrong with this. So im happy to support it.

Joseph Citro 2:43:43PM

Councilwoman Hurtak.

Lynn Hurtak 2:43:45PM

Im sorry. I believe Mr. Gudes was before me. I was blocking him.

Orlando Gudes 2:43:51PM

Am I recognized, Sir?

Joseph Citro 2:43:53PM

Councilman Gudes.

Orlando Gudes 2:43:54PM

Thank you, sir. And I reflect back on Tuesday. A charter versus an ordinance. Like a shell game. This is no different, if were going to go ahead -- and it sounds like well be able to move something forward today with Mr. Carlson's ordinance, a proposed ordinance. To me its no different than 6.03, When we talk about appointments versus the charter versus an ordinance. So im going to be looking at that in the near future to bring the appointment situation back as an ordinance, Mr. Shelby. I need you to get me the language for that, because I will be making a motion as it relates to bringing that back because if were going to play the shell game of we dont want to touch the charter, the constitution, versus an ordinance situation to change things, then ill play the game. But to me its a shell game that I see thats going on here. I will support because City Council authority shouldnt be taken away. We should be able to delegate.

Joseph Citro 2:45:00PM

Councilwoman Hurtak.

Lynn Hurtak 2:45:01PM

With this new ordinance that is being proposed supersede this 2006, 100?

Andrea Zelman 2:45:10PM

Yeah. So the concept would be to amend that part of the code, which currently sets the limits at 25,000, and then again talks about the reports on things between 10 and 25.

Lynn Hurtak 2:45:22PM

Yes, so thats --

Andrea Zelman 2:45:24PM

-- to amend that.

Lynn Hurtak 2:45:25PM

Okay. Good. Im looking at the cleanup of this. That would clean that up. Excellent. Thank you. Thats my only question.

Joseph Citro 2:45:32PM

Any more conversation?

Charlie Miranda 2:45:33PM

I have no problem -- [inaudible]

Joseph Citro 2:45:43PM

All right. To clarify, we still have a motion on the floor.

Andrea Zelman 2:45:47PM

I was going to say, if I May, im reading Mr. Carlson's motion, and, again, my proposal would be to amend chapter 2, the way we just talked about -- some of the language in here im not sure is relevant. So it would be -- but we can discuss that when we bring back a proposed ordinance. Never mind. I understand the direction.

Bill Carlson 2:46:18PM

Im happy to work with you also. In terms of superseding, Ordinances usually say supersede previous Ordinances, but do we also need to put in there specifically that it would supersede the 2018 opinion?

Andrea Zelman 2:46:31PM

I think im going to need to provide you with something, basically revising and restating the 2018 memo. Ill figure out how to do that.

Bill Carlson 2:46:41PM

Thank you.

Joseph Citro 2:46:44PM

Again, clarify, we have a motion on the floor made by Councilman Carlson, that was seconded by Councilwoman Hurtak. All in favor? Any opposed? Thank you. Councilman Maniscalco, agenda item 14, that was your motion.

Guido Maniscalco 2:47:05PM

No, Gudes-maniscalco.

Joseph Citro 2:47:07PM

Thank you. File cm22-74625. Long time no see. Item number 14, you asked staff to look at ways that we could come up with ways that we can help with the probate -- help residents with probate process. Councilman Gudes, you and I had conversation on or briefing earlier this week. I maintain that the probate process is a private legal matter that The City cannot interfere with. We are working -- met with -- Attorney Johns, Abbye Feeley and myself met with Kella Mccaskill that had some ideas on what we could do with probate process. A lot of it is being proactive and making sure the citizens and residents know what their options are with property before it actually enters into the probate. The importance of estate planning. As a part of our Tenant Services Team, we are working with Ms. Mccaskill to put on a workshop in second quarter of 2023. We put out some dates. Hoping to have it at The Tampa Convention Center, and we have a draft agenda for what that day May look like. All of that is really premised around being proactive, educating citizens on the difference between -- well, differences in estate planning. The difference between a will, a trust, and how do we handle real estate. The conversation that we had on the briefing this week, we talked about clouded title or keeping properties in circulation, particularly in housing, and one of the things that I shared with you is that deputy administrator Alis Drumgo is working on setting up a clt. Youll have a presentation on that soon. There has to be a public purpose. The City should not, and I would recommend strongly against it, entering into private legal matters to figure out private issues regarding real property. However, if we were in a position where we wanted clean title, get that property and be able to put it in a clt to protect it for affordability at a later time, those are things that we can do. So there is a fine line that we have to walk regarding a public purpose and not paying for private services for private benefit.

Orlando Gudes 2:50:00PM

Mr. Chairman, May I respond?

Joseph Citro 2:50:02PM

Yes.

Orlando Gudes 2:50:02PM

I believe everything that youre telling me. I still contend that we can have some type of pilot program where we can have some dollars with some criteria for those individuals who are indigent, who are having issues that cant even get to court, who dont understand a process. You look at some of these houses that have become dilapidated or have squatters in there incurring code fines and things like that.

Nicole Travis 2:50:35PM

So --

Orlando Gudes 2:50:37PM

Thats what im looking at how we can navigate some of that.

Nicole Travis 2:50:40PM

When youre talking like that, it puts me in the real estate mind. When youre talking about squatters and blighted property, in the CRA world, you purchase properties for strategic acquisition. And if I was trying to purchase a property thats encumbered with multiple heirs -- like the title is kind of clouded. You have to figure that stuff out. There is a role for the CRA to play that we could probably outsource with an Attorney to kind of work through that. Those things take a really long time. You have to look for people, hunt down records. But the public purpose in that is to eliminate the blight, and it is a strategic acquisition. And what im saying to do that, we should not be clearing the title so that the heirs can then do whatever with the property. Our public purpose would be to clean up that blight, clear the title so that the City can purchase the property free and clear. Perhaps put it into a clt. Its multi-transactional.

Orlando Gudes 2:51:38PM

Im along the same line. Im good with that. But weve got to have a process to get them there. Thats all im saying. I believe the way process to get them there strategically, those who dont know to know, we can help them know. Thats what I want to be able to do. I think we have a meeting coming up with a Gentleman that the City was in contract with in reference to those type of issues, if im not mistaken. Hopefully during that meeting we can clear up a lot of that as well. My understanding is somebody is on the contract as referenced to dealing with some of these houses or properties that have so many liens on them. It all intertwines a little bit as well. Im hoping during that discussion we will get a little more information. Whatever you can come up with, ms. Travis, I know you have a lot on your plate. I know you do.

Nicole Travis 2:52:30PM

Im good. Im relaxed now.

Orlando Gudes 2:52:32PM

People can tell something is coming. Everything takes a moment. You Guys are under a lot of pressure because of this crisis. But when I hear things and see other places doing things, I cant negate my duties by bringing these things to the forefront and to You to see what can we do, not what we cant do. I appreciate what You have done so far. Looking forward to the next meeting, and hopefully we can finally get something moving for our citizens who are in need.

Nicole Travis 2:53:00PM

The only thing I -- again, I like to set expectations, redevelopment is a long process. Those are not things that are quick. But as we ramp up, like You have charged US with, with the CRA to start looking at strategic acquisitions, we will start looking at that. You look at problem properties, and well begin doing that. What is coming before You soon is the Community Land Trust and decisions youll have to make with that. These are opportunities when we get properties like that to keep them in circulation, and also control the affordability piece for generations to come or, You know, for a longer period of time. The clt is the way to purchase property, capture it, and keep it in there.

Orlando Gudes 2:53:44PM

Me going to chicago wasnt in vain. We brought back a strategy and hopefully implement that strategy. Again, I thank you for your work.

Nicole Travis 2:53:55PM

Thank you. Anything else?

Joseph Citro 2:53:57PM

Councilman Gudes, are you happy with the staff report?

Orlando Gudes 2:54:00PM

Yes.

Joseph Citro 2:54:01PM

Thank you very much.

Nicole Travis 2:54:01PM

Thank you for letting me share.

Joseph Citro 2:54:12PM

Agenda item 15, file number cm22-76543. Ms. Feeley.

Abbye Feeley 2:54:19PM

Abbye Feeley, deputy administrator, Development And Growth Management. Item number 15 on your agenda this afternoon is dealing with the letter submitted by Isabella Tassi about the University of Tampa and plant park. Im here with Rebecca Johns, assistant city attorney, weve been working together with the university to renegotiate several leases that the city has with ut that were actually from 1972. And they were 50-year leases, and they are now upon US for renewal. So we have been working through that. Those leases include a number of different matters between the city and the university. One of them is the matter of reserving the park. We are in discussions with them on that, and those lease agreements are going to be coming back before you in approximately 60 days, so I dont want to necessarily go into detail on what those are. We are looking at that process, what the current process is, how people reserve that. Also where there are some challenges with the plant park facility in terms of parking, restrooms, things that some of our city -- traditional city Parks have that plant park does not. So if you would afford US that time to finish those negotiations, well be back before you with that and happy to discuss that. I just wanted to give you an update on where we are today.

Joseph Citro 2:55:50PM

Councilman Carlson.

Bill Carlson 2:55:51PM

Just a quick question. And for disclosure, I went to the University of Tampa. I think a couple of US did. I always thought that the university program -- the city has control over programming. If the city wanted to have a big concert there, Ut doesnt have any say in that?

Abbye Feeley 2:56:08PM

They would. We lease the park to the University, and there are conditions under which that lease exists. And if somebody does make a request for that park, it has to go through the procedures the University currently has, including insurance, liability, reservations, some other things. Thats what were working on, kind of trueing up and what that looks like for anyone trying to reserve the park.

Bill Carlson 2:56:32PM

Thank You. Ill let You tell US the next time.

Abbye Feeley 2:56:34PM

Thank you.

Joseph Citro 2:56:35PM

Councilman Gudes.

Orlando Gudes 2:56:36PM

Ms. Feeley, thank you for the report yesterday. Waiting for it to come back. Again, like you said, a lot of these longtime leases are expiring now and the times are changing now, and we have to update it. I appreciate the report and look forward to you come back with the report or the lease agreements.

Abbye Feeley 2:56:53PM

Thank you.

Joseph Citro 2:56:54PM

Councilman Gudes, you were the maker of the motion, does this report satisfy you? Thank you very much. Councilman Miranda, you have Public Safety Committee.

Charlie Miranda 2:57:07PM

44 and 45, I move them both.

Joseph Citro 2:57:14PM

Im sorry. Mr. Viera has public set of. However, you were the vice-chair. Mr. Vice-chair of the Public Safety Committee, would you pass the consent agenda.

Charlie Miranda 2:57:27PM

I move items 20 through 35.

Joseph Citro 2:57:30PM

We have a motion by Councilman Miranda. Seconded by Councilman Maniscalco. All in favor? Thank you. Councilman Gudes, you have Parks and Recreation.

Orlando Gudes 2:57:41PM

[Inaudible]

Joseph Citro 2:57:42PM

We have a motion by Councilman Gudes. Seconded by Councilman Maniscalco. All in favor? Thank you. Ms. Hurtak -- councilwoman Hurtak, you have Public Works.

Lynn Hurtak 2:57:50PM

Yes, I move items 39 through 43.

Joseph Citro 2:57:55PM

We have a motion made by Councilwoman Hurtak. Seconded by Councilman Maniscalco. All in favor? Councilman Miranda.

Charlie Miranda 2:58:02PM

Thank you, Chairman. I move 44 and 45.

Joseph Citro 2:58:05PM

We have a motion by Councilman Miranda. Seconded by Councilman Maniscalco. All in favor? Councilman Carlson, building and zoning.

Bill Carlson 2:58:13PM

I would like to move 46 through 53.

Joseph Citro 2:58:16PM

We have a motion by Councilman Carlson, seconded by Councilman Miranda. All in favor?

Bill Carlson 2:58:28PM

Do I need to read?

Joseph Citro 2:58:29PM

Yes. That was my next statement.

Bill Carlson 2:58:32PM

I would like to -- public hearing will be held -- this is item number 53, bf22-78225. A public hearing will be held regarding a proposed brownfield area designation for the rehabilitation and redevelopment of one parcel approximately 3.75 Acres in size located at 1000 west fig street, Tampa, Florida, 33606. This public hearing will be held in the bayshore board room of the Sheraton Hotel located at 200 north ashley drive, Tampa, Florida, 33602, on November 28, 2022 at 5:30 pm. Until not later than 6:30 pm.

Joseph Citro 2:59:07PM

Thank you very much. Councilman Maniscalco, you have transportation.

Guido Maniscalco 2:59:10PM

Thank you very much, Mr. Chairman. I move items 54 through 56.

Charlie Miranda 2:59:14PM

Second.

Joseph Citro 2:59:15PM

Motion made by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor? Thank you very much.

Guido Maniscalco 2:59:24PM

Motion to set item 57, su 1-22-60-c, review hearing to be scheduled for December 15, 2022, at 1:30 pm.

Joseph Citro 2:59:34PM

Motion made by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor?

Guido Maniscalco 2:59:38PM

Move to open all public hearings, the 9:30 all the way through to the end of the agenda.

Joseph Citro 2:59:44PM

Motion made by Councilman Maniscalco, seconded by Councilman Miranda. All in favor? Thank you. Agenda item number 58, file hl22-76263. Elaine Lund, Historic Preservation Staff. There was a full presentation on this item at its first reading. Im still available today to answer any questions you have.

Joseph Citro 3:00:15PM

Any comments or questions? Seeing none, Councilman Miranda.

Charlie Miranda 3:00:21PM

I was signing the item Mr. Gudes gave me. That was number 58.

Joseph Citro 3:00:29PM

Yes, sir. I am sorry. We need to close the public hearing. Is there any public comment? My apologies.

Joseph Citro 3:00:40PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Carlson. All in favor? Thank you. Councilman Miranda.

Charlie Miranda 3:00:46PM

File number 58, hl22-76263, ordinance being presented for second reading and adoption, an ordinance in City of Tampa, Florida, designating Bustillo Brothers And Diaz Cigar Factory located at 2111 north albany avenue, Tampa, Florida, as more particularly described in section 3 hereof as a local historic landmark, providing for repeal of all ordinances in conflict, providing an effective date.

Joseph Citro 3:01:18PM

Motion made by Councilman Miranda. Seconded by Councilman Maniscalco. Roll call vote. Excuse me. Vote and record. Working again.

The Clerk 3:02:00PM

Motion carried unanimously.

Bill Carlson 3:02:09PM

Councilman Miranda, were you thinking about coffee when you read this?

Charlie Miranda 3:02:12PM

I was thinking about Cafe Bustillo. In fact, I bought some the other day.

Joseph Citro 3:02:23PM

File agenda 59, number htx22-77593.

Elaine Lund 3:02:34PM

Elaine Lund, Historic Preservation Staff. Again, there was a presentation on this item at its first reading. Im available today if you have questions.

Joseph Citro 3:02:43PM

Any comments or questions from Council? Is there anyone in the audience, Council Chambers that wishes to speak to this?

Joseph Citro 3:02:51PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor? Councilman Gudes.

Orlando Gudes 3:02:57PM

File htx22-77593, ordinance being presented for second reading and adoption. An ordinance approving an historic preservation property tax exemption application relative to the restoration, renovation or rehabilitation of certain property owned by Kevin B And Whitney M Woods located at 818 south orleans avenue, Tampa, Florida, in the Hyde Park historic district based upon certain findings; providing for notice to the property appraiser of Hillsborough County; providing for severability; providing for repeal of all ordinances in conflict; providing an effective date.

Joseph Citro 3:03:32PM

Please place your vote and record.

The Clerk 3:03:40PM

Motion carried unanimously.

Joseph Citro 3:03:42PM

Thank you. Agenda item 60, file number htx22-77594.

Elaine Lund 3:03:52PM

Elaine Lund, Historic Preservation Staff. Council, this item again was presented to you at its first public reading. If you have any questions, I am available.

Joseph Citro 3:04:01PM

Any comments or questions? Anyone in the audience that wishes to make comments?

Joseph Citro 3:04:08PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor? Councilwoman Hurtak.

Lynn Hurtak 3:04:15PM

File number htx22-77594, ordinance being presented for second reading and adoption, an ordinance approving an historic preservation property tax exemption application relative to the restoration, renovation, or rehabilitation of certain property owned by Riccardo Reimers and Shalida Johnson located at 5421 (sic) west dale avenue, Tampa, Florida in the beach park multiple properties designation local historic district, based upon certain findings, providing for notice to the property appraiser of Hillsborough County, providing for severability, providing for repeal of all ordinances in conflict, providing an effective date.

Joseph Citro 3:05:01PM

Place your votes and record. Camaria Pettis-mackle from the City Attorney. The other one was substitute. The address is 4521.

Lynn Hurtak 3:05:13PM

Apologies, 4521.

Joseph Citro 3:05:16PM

Place your vote and record.

The Clerk 3:05:24PM

The motion carried unanimously.

Joseph Citro 3:05:27PM

Thank you. Agenda item 61, file vac-22-20. These are quasi-judicial hearings. Anyone who is going to be giving any testimony or giving any evidence to any of the remaining cases, could you please stand to be sworn in? Do you swear or affirm that the testimony that you are about to give is the truth and nothing but the truth?

The Clerk 3:06:03PM

Thank you.

Joseph Citro 3:06:03PM

I did see people in line being sworn in also. Mr. Samons.

Ross Samons 3:06:11PM

Vac-22-20 for second reading. This is a proposed vacating. The proposal to vacate the alleyway lying north of columbus drive, south of 17th avenue, east of 29th street and west of the csx railroad within the corrected map of greenville subdivision. Im available if you have any questions.

Joseph Citro 3:06:33PM

Any comments or any questions? Seeing none, maam, are you the applicant?

Joseph Citro 3:06:41PM

Do You have any further testimony You would like to give?

Joseph Citro 3:06:44PM

Thank you very much. Is there anyone in the audience that wishes to give any comment to this? I believe theres one person online, but that person -- oh, no. You are here.

Joseph Citro 3:06:57PM

Thats you.

Joseph Citro 3:07:06PM

Motion made by Councilman Miranda. Seconded by Councilman Maniscalco. All in favor? Councilman Maniscalco.

Guido Maniscalco 3:07:15PM

Thank you very much, Mr. Chairman. I have an ordinance being presented for second reading and adoption. An ordinance of the City Of Tampa, Florida, vacating, closing, discontinuing, and abandoning that alleyway located at north of columbus drive, south of 17th avenue, east of 29th street and west of the csx railroad within the corrected map of greenville subdivision, in the City Of Tampa, Hillsborough County, Florida, as more fully described in section 2 hereof, subject to certain covenants, conditions, and restrictions as more particularly set forth herein, providing for enforcement and penalties for violations, providing for definitions, interpretations, and repealing conflicts. Providing for severability, providing an effective date.

Charlie Miranda 3:07:53PM

Second.

Joseph Citro 3:07:54PM

We have a motion made by Councilman Maniscalco. Seconded by Councilman Miranda. Place your vote and record.

The Clerk 3:08:03PM

Motion carried unanimously with Viera being absent at vote.

Joseph Citro 3:08:06PM

Thank you. Agenda item number 62, file number vac-22-21. Mr. Samons.

Ross Samons 3:08:13PM

Ross Samons, Development Coordination presenting file number vac-22-21. This is a proposed vacating request being presented for second reading and adoption. It is proposed vacating of the alleyway located north of 23rd avenue, south of 24th avenue, east of the csx railroad and west of 31st street within the plat of little Cuba subdivision. Im available if you have any questions.

Joseph Citro 3:08:38PM

Any comments or questions? I believe the Applicant is online.

The Clerk 3:08:44PM

They were online but They are no longer there.

Joseph Citro 3:08:48PM

No learning there. Anyone in the audience that wishes to speak to this?

Joseph Citro 3:08:54PM

No one? Motion to close by Councilman Maniscalco. Seconded by Councilman Gudes. All in favor? Place your votes and record. Councilman Viera.

Luis Viera 3:09:12PM

Number 62. I move an ordinance being presented for second reading and adoption, ordinance of the City Of Tampa, Florida, vacating, closing, discontinuing and abandoning that alleyway located north of 23rd avenue, south of 24th avenue, east of the csx railroad and west of the 31st street within the plat of little Cuba subdivision in the City Of Tampa, Hillsborough County, Florida, as more particularly described in section 2 hereof, subject to certain covenants, conditions and restrictions as more particularly set forth herein, providing for enforcement and penalties for violations, providing for definitions, interpretations, and repealing conflicts, providing for severability, providing an effective date.

Guido Maniscalco 3:09:46PM

Second.

Joseph Citro 3:09:47PM

Motion made by Councilman Viera. Seconded by Councilman Maniscalco. Place your votes and record.

The Clerk 3:09:58PM

The motion carried unanimously.

Joseph Citro 3:09:59PM

Thank you. Agenda item number 63, file number vac-22-23. Mr. Samons.

Ross Samons 3:10:06PM

Ross Samons, Development Coordination presenting file vac-22-23. This is a proposed vacating request being presented for second reading and adoption. This proposed vacating is an alleyway located north of gladys street, south of warren avenue, east of Nevada avenue and west of ola avenue within the plat of ben-hur subdivision in the City Of Tampa. Im available if you have any questions.

Joseph Citro 3:10:29PM

Any comments or any questions? Applicant?

Joseph Citro 3:10:33PM

Thank you very much. Is there anyone in the audience that wishes to speak to this?

Joseph Citro 3:10:39PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor? Councilman Carlson.

Bill Carlson 3:10:45PM

Yes, sir. Like to move number 63, file number vac-22-23, ordinance being presented for second reading and adoption. An ordinance of the City Of Tampa, Florida, vacating, closing, discontinuing and abandoning that alleyway located north of gladys street, south of warren avenue, east of Nevada avenue, and west of ola avenue, within the plat of ben-hur subdivision, in the City Of Tampa, Hillsborough County, Florida, as more fully described in section 2 hereof, subject to certain covenants, conditions, and restrictions as more particularly set forth herein, providing for enforcement and penalties for violations, providing for definitions, interpretations, and repealing conflicts, providing for severability, providing an effective date.

Joseph Citro 3:11:28PM

Motion made by Councilman Carlson. Seconded by Councilman Miranda. Place your votes and record.

The Clerk 3:11:36PM

The motion carried unanimously.

Joseph Citro 3:11:37PM

Thank you. We have agenda item number 64, file rez-22-58.

Zain Husain 3:11:52PM

Zain Husain, Development Coordination. This is being presented for second reading and adoption at location 2806 east ellicott street. Proposed rezoning from rs-50, residential, single-family, to ig, industrial general. This being euclidean no site plan was needed. Im here for any questions. Any questions?

Joseph Citro 3:12:13PM

Any questions? Is there anyone in the audience? Nobody is here.

Joseph Citro 3:12:28PM

We dont have a Petitioner.

Joseph Citro 3:12:34PM

We have a motion to close by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor? Councilman Miranda.

Charlie Miranda 3:12:48PM

Thank you, Mr. Chairman. File number 64, rez-22-58, ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 2806 east ellicott street in the City of Tampa, Florida, and more particularly described from section 1, zoning district classification rs-50, residential single-family, to Ig, industrial general, providing an effective date.

Joseph Citro 3:13:11PM

Motion made by Councilman Miranda. Seconded by Councilman Maniscalco. Place your votes and record.

The Clerk 3:13:24PM

Motion carried unanimously.

Joseph Citro 3:13:26PM

Thank you. Agenda item number 65, file rez-22-85.

Zain Husain 3:13:34PM

Zain Husain, Development Coordination. Presented for second reading and location at location 1242 channelside drive and 629 and 635 north 12th street. Proposed rezoning from cd-2, channel district 2, to pd, planned development, residential, multifamily, storefront residential, commercial, and office. Site plans have been turned into the city clerks office. Im here for any questions.

Joseph Citro 3:14:00PM

Any questions? Ms. Schaler, I see you online. You were sworn in, correct? To be sworn in.

The Clerk 3:14:14PM

Please raise your right hand. Do you swear or affirm that the testimony that youre about to give is the truth and nothing but the truth? Alex Schaler, 400 north ashley drive, here on behalf of the applicant. As mentioned, we received approval on first reading October 6, and we made all of the requested revisions and resubmitted the site plan. I am available for any questions, and we respectfully request your approval.

Joseph Citro 3:14:39PM

Any comments or questions? Anyone in the audience who wishes to speak to this? Seeing none --

Joseph Citro 3:14:52PM

Motion to close by Councilman Miranda. Seconded by Councilman Gudes. All in favor? Councilman Gudes.

Orlando Gudes 3:14:59PM

Thank you, Mr. Chairman. Rez-22-85. Ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 1242 channelside drive and 629 and 635 north 12th street in the City of Tampa, Florida and more particularly described in section 1, from zoning district classification cd-2, channel district 2, to pd, planned development, residential, multifamily, storefront residential, commercial and office; providing an effective date and also do we need to move the resolution with it?

Joseph Citro 3:15:32PM

After we take the vote.

Charlie Miranda 3:15:33PM

Second.

Joseph Citro 3:15:33PM

Motion made by Councilman Gudes. Seconded by Councilman Miranda. Place your votes and record.

The Clerk 3:15:42PM

Motion carried unanimously.

Joseph Citro 3:15:43PM

Councilman Gudes, can you read the resolution, please?

Orlando Gudes 3:15:47PM

Yes, sir, mr. Chairman. You want me to read it or move it? Move the resolution.

Joseph Citro 3:15:56PM

Motion made to move the resolution by Councilman Gudes. Seconded by Councilman Miranda. All in favor? Agenda item number 66, file number rez-22-94.

Zain Husain 3:16:14PM

Zain Husain, Development Coordination. This is being presented for second reading and adoption at the location 2211 north 65th street. Proposed rezoning from rs 50 residential, single-family, to Ig, industrial general. This being euclidean, no site plan was required. Im here for any questions.

Joseph Citro 3:16:32PM

Any questions? Comments? Anyone in the audience who wishes to speak to this?

Joseph Citro 3:16:38PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor? Thank you. Councilwoman Hurtak.

Lynn Hurtak 3:16:45PM

Ordinance being presented for second reading and adoption, an ordinance rezoning property in the general vicinity of 2211 north 65th street, in the City of Tampa, Florida, and more particularly described in section 1, from zoning district classifications rs-50, residential single-family, to Ig, industrial general, providing an effective date.

Charlie Miranda 3:17:06PM

Second.

Joseph Citro 3:17:07PM

Motion made by Councilwoman Hurtak. Seconded by Councilman Miranda. Place your votes and record.

The Clerk 3:17:17PM

Motion carried unanimously.

Joseph Citro 3:17:19PM

Thank you. Agenda item number 67, file number su2-22-08.

Zain Husain 3:17:26PM

Zain Husain, Development Coordination. This is being presented for second reading and adoption at the location 3911 north boulevard. This is for a special use 2 permit for approving a dental clinic in a residential office ro zoning district. The site plans have been turned into the city clerks office. Im here for any questions.

Joseph Citro 3:17:48PM

Any questions? Thank you. Petitioner? I dont see anyone thats online.

Joseph Citro 3:18:03PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Gudes. All in favor? Thank you. Councilwoman Hurtak. Excuse me, Councilman Viera. Im sorry, Maniscalco.

Guido Maniscalco 3:18:15PM

Thank you so much. I have an ordinance being presented for second reading and adoption. An ordinance approving a special use permit su-2, approving a Dental Clinic in an ro residential office zoning district in the general vicinity of 3911 north boulevard in the City of Tampa, Florida and as more particularly described in section 1, hereof, providing an effective date.

Joseph Citro 3:18:35PM

Motion made by Councilman Maniscalco. Seconded by Councilman Miranda. Place your votes and record.

The Clerk 3:18:44PM

The motion carried unanimously.

Joseph Citro 3:18:46PM

Thank you. Agenda item number 68. File number su2-22-10.

Zain Husain 3:18:54PM

Zain Husain, Development Coordination. This is being presented for second reading and adoption at the location 3402 henderson boulevard. This is for a special use 2 permit approving a place of religious assembly in an rm-24 residential multifamily zoning district. Site plans have been turned into the city clerks office. Im here for any questions.

Joseph Citro 3:19:15PM

Any questions? Do we have the Applicant here?

Joseph Citro 3:19:36PM

Okay. Motion to close by Councilman -- I already asked. Is the Applicant here?

Martin Shelby 3:19:47PM

Thats true. Public comment, please.

Joseph Citro 3:19:50PM

Any public comment to this?

Joseph Citro 3:19:54PM

Motion made by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor? Councilman Viera.

Luis Viera 3:20:01PM

Thank you. Move an ordinance being presented for second reading and adoption, an ordinance approving a special use permit su-2, approving a place of religious assembly in a rm-24, residential multifamily, zoning district in the general vicinity of 3402 henderson boulevard in the City of Tampa, Florida, and as more particularly described in section 1 hereof, providing an effective date.

Joseph Citro 3:20:23PM

Motion made by Councilman Viera. Seconded by Councilman Maniscalco. Place your votes and record.

The Clerk 3:20:33PM

Motion carried unanimously.

Joseph Citro 3:20:34PM

Thank you. Agenda item number 69, file rez-22-06.

Zain Husain 3:20:42PM

Zain Husain, Development Coordination. This is being presented for second reading and adoption at the location 407 east palm avenue. Proposed rezoning from rm-24, residential multifamily, to pd, planned development, residential, single-family detached and businessprofessional office. Site plans have been turned in to the city clerks office. Im here for any questions.

Joseph Citro 3:21:05PM

Any comments or any questions? Petitioner? William Malloy, 325 south boulevard. I dont think I have anything useful for you. If you have any questions, im here to answer them.

Joseph Citro 3:21:19PM

Is there anyone in the audience who wishes to speak to this? Motion to close by Councilman Maniscalco. Seconded by Councilman Gudes. All in favor? Councilman Carlson.

Bill Carlson 3:21:31PM

I would like to make a motion for item 69, file rez-22-06, ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 407 east palm avenue in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classification rm-24, residential multifamily, to pd, planned development, residential, single-family detached and businessprofessional office; providing an effective date.

Charlie Miranda 3:22:01PM

Second.

Joseph Citro 3:22:02PM

Motion made by Councilman Carlson. Seconded by Councilman Miranda. Place your votes and record.

The Clerk 3:22:12PM

Motion carried unanimously.

Joseph Citro 3:22:14PM

Thank you. File number -- excuse me, agenda item 70, file rez-22-29.

Zain Husain 3:22:25PM

Zain Husain, Development Coordination. This is being presented for second reading and adoption at locations 304, 306, 308 south macdill avenue. Proposed rezoning from cg commercial general to pd, planned development, residential, single-family attached. Site plans have been turned into the city clerks office. Im here for any questions.

Joseph Citro 3:22:48PM

Any comments or questions? Petitioner? Avenue. Im here to answer any questions.

Joseph Citro 3:23:00PM

Any questions? Is there anyone in the audience who wishes to speak to this.

Charlie Miranda 3:23:03PM

Move to close.

Joseph Citro 3:23:05PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor? Thank you. Councilman Miranda.

Charlie Miranda 3:23:11PM

Thank you, Mr. Chairman. Item number 70, file rez-22-29, ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 304, 306, 308 south macdill avenue in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classification cg, commercial general, to pd, planned development, residential, single-family attached, providing an effective date.

Joseph Citro 3:23:39PM

Motion made by Councilman Miranda. Seconded by Councilman Maniscalco. Place your votes and record.

The Clerk 3:23:49PM

Motion carried unanimously.

Joseph Citro 3:23:50PM

Thank you very much. Agenda item number 71, file number rez-22-31.

Zain Husain 3:23:58PM

Zain Husain, Development Coordination. This is being presented for second reading and adoption at a location 4848 east busch boulevard and 9214 north hyaleah road. This proposed rezoning from ci, commercial intensive and rm 24 residential multifamily to pd, planned development, air-conditioned storage and commercial communication tower. Site plans have been turned in to the city clerks office. Here for any questions.

Joseph Citro 3:24:26PM

Any questions or comments? Petitioner? Jim Porter with Akerman, 401 east jackson street. Im here to answer any questions.

Joseph Citro 3:24:35PM

Any questions or comments? Anyone In The Audience who wishes to speak to this.

Joseph Citro 3:24:39PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Gudes. All in favor? Councilman Gudes.

Orlando Gudes 3:24:46PM

Rez-22-31, ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 4848 east busch boulevard and 9214 north hyaleah road in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classification ci, commercial intensive, and rm-24, residential multifamily, to pd, planned development, air-conditioned storage and commercial communication tower; providing an effective date.

Charlie Miranda 3:25:17PM

Second.

Joseph Citro 3:25:17PM

Motion made by Councilman Gudes. Seconded by Councilman Miranda. Please vote and record.

The Clerk 3:25:27PM

Motion carried unanimously.

Joseph Citro 3:25:33PM

Motion by Councilman Gudes. Seconded by Councilman Maniscalco. All in favor. Thank you. Agenda item 72, file number rez-22-35.

Zain Husain 3:25:46PM

Zain Husain, Development Coordination. This is being presented for second reading and adoption at the location 4208 west carmen street. This proposed rezoning from rs-50, residential, single-family, to pd, planned development, residential, single-family attached. Site plans have been turned in to the city clerks office. Im here for any questions.

Joseph Citro 3:26:08PM

Any comments or any questions? Petitioner? Avenue. Here to answer any questions you May have.

Joseph Citro 3:26:19PM

Comments or questions? Anyone In The Audience who wishes to speak to this.

Joseph Citro 3:26:23PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Miranda. All in favor? Thank you. Councilwoman Hurtak.

Lynn Hurtak 3:26:30PM

File number rez-22-35, ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 4208 west carmen street, in the City of Tampa, Florida, and more particularly described in section 1, from zoning district classification rs-50, residential, single-family, to pd, planned development, residential, single-family attached; providing an effective date.

Charlie Miranda 3:26:54PM

Second.

Joseph Citro 3:26:55PM

Motion made by Councilwoman Hurtak. Seconded by Councilman Miranda. Place your votes and record.

The Clerk 3:27:04PM

Motion carried unanimously.

Joseph Citro 3:27:05PM

Thank you. Agenda item number 73, file number rez-22-97 (sic).

Zain Husain 3:27:15PM

22-92.

Joseph Citro 3:27:17PM

92. Excuse me.

Zain Husain 3:27:20PM

Thank you. Zain Husain, Development Coordination. This is being presented for second reading and adoption at the location 209 and 211 south gomez avenue. Proposed rezoning from rm-16, residential, multifamily, to pd, planned development, residential, single-family attached. Site plans have been turned in to the City Clerk's Office. Im here for any questions, if needed.

Joseph Citro 3:27:42PM

Any questions or comments? Petitioner? Is. Ryan Manasse, Johnson Pope, 401 east jackson street. Im here for any questions, and we would respect your approval.

Joseph Citro 3:27:53PM

Any questions? Anyone in the audience who wishes to speak to this? Seeing none, motion to close by Councilman Miranda. Seconded by Councilman Gudes. All in favor? Thank you very much. Councilman Maniscalco.

Guido Maniscalco 3:28:06PM

All right. I have an ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 209 and 211 south gomez avenue, in the City of Tampa, Florida and more particularly described in section 1 from zoning district classification rm-16, residential, multifamily, to pd, planned development, residential, single-family attached, providing an effective date.

Joseph Citro 3:28:30PM

Motion made by Councilman Maniscalco. Seconded by Councilman Gudes. Place your votes and record.

The Clerk 3:28:41PM

Motion carried unanimously.

Joseph Citro 3:28:44PM

Motion to move the resolution by Councilman Maniscalco. Seconded by Councilman Gudes. All in favor? Thank you. Agenda item number 74, file number hpc 2022-02-c. Camaria Pettis-mackle from the city attorneys office. Item number 74 is a petition for review regarding a decision that was made by one of the land use board hearings, specifically hpc 2022-02 for the property located at 1314 south desoto avenue. The petitioner in this case asked a request of the Historic Preservation Commission to change the designation status for the property as previously stated, 1314 south desoto avenue. The Historic Preservation Commission heard the request on June 14th, 2022, and denied the request to change the designation of the status of the property from contributing to noncontributing. Based upon the property meeting the national register bulletin number 15, specifically criteria c, and that the property maintains its essential physical features to convey enough significance and holds on to the aspects of the integrity that are vital. I previously handed City Council or to City Council's attorney code section 27-261 subsection j2a, 27-261 subsection I, the national register bulletin, number 15, I provided sample motions and also the rules of procedure in order to conduct the hearing before City Council. The standard for review for City Council to consider is based upon city code section 27-61 subsection j, subsection 2, which states that City Council can take a de novo standard of review in order to conduct this review hearing. That means that City Council should not be limited in its review to that information or documentation or evidence that was provided to the Historic Preservation Commission in order to make your determination. Staff present this afternoon is ms. Elaine Lund. She will provide an overview of the application and the basis of the boards decision. Upon hearing all of the evidence in the case, City Council can take a number of actions. City Council can affirm the decision of the Historic Preservation Commission and deny the request to change the designation of the property from contributing to noncontributing based upon the property meeting the criteria established in national register of bulletin number 15. City Council can remand the matter back to the Historic Preservation Commission with specific direction or City Council can overturn the decision of the Historic Preservation Commission and therefore Grant the request to change the designation of the property from contributing to noncontributing based upon the property not meeting the criteria established in the code. And with that, I will turn the presentation over to staff.

Elaine Lund 3:32:09PM

Elaine Lund, Historic Preservation Staff. As Camaria stated, we have a presentation for you. There we go. I see that you are seeing it on your screen but its totally different in front of me here.

Joseph Citro 3:32:33PM

Yes, We are.

Elaine Lund 3:32:35PM

So as Ms. Pettis-mackle stated, 1314 south desoto avenue, were is the subject property, classified as a contributing structure to both the Hyde Park historic district on the national and the local level. The contributing status affords the structure protection from demolition and makes sure it is preserved in accordance with our local and federal preservation standards. The Applicant today made -- he brought this forward before you today, excuse me, made a request to change the status from contributing to noncontributing, and the Historic Preservation Commission heard this -- thank you -- request and the property owner was able to -- sorry, the Historic Preservation Commission heard this request and then the Hpc decided at its public hearing so the petitioners filed for review. Its located in the Hyde Park historic district again. Its close to the southwest corner on the map on the left, you can see an arrow pointing to it. Its about a block away from howard avenue, and Bayshore Boulevard. The site was -- the building was constructed around 1921. Its showing on the 1922 Sanborn prior insurance company map, on the west side, and then on the present day aerial on the right side of the screen. The Sanborn map indicates that the majority of the building, on the first floor, was constructed out of some sort of masonry construction and clay tile. The second story indicated in the yellow is a wood frame second story portion, and it was most likely used as a sleeping porch. You can likely see a small porch in yellow there as the south, southwest corner of the building, and interestingly, this house also had an enclosed garage to its rear. This is a map of Hyde Park from about 1923. The road that goes from the top left of the screen to the bottom right is howard avenue, and then Bayshore Boulevard is kind of off to your right on the side there. So you can see how much historic fabric regarding in place regarding Hyde Park at this time. This is a closer view of the subject site in that photograph, and its present-day appearance here. Most notably, the second story has expanded since 1923. So you can see, you can make out a bit in the aerial photograph. The front porch area in the front facing -- sorry -- this is on the corner of desoto and hills, and the building looks like its facing hills avenue and address on desoto avenue, so you can see theres a one-story portion along hills avenue that today is a two-story portion. The 1931 Sanborn map shows that the second story has begun to sort of expand a little bit towards hills avenue. That yellow area is a bit larger than it was in 1922. And then in 1976, we pretty much see the same thing, the map is Black and White then but there are no significant changes to the footprint or the description notated on the building. In 1984 and 1985, the survey for the Hyde Park historic district and the National Register nomination were written, submitted, and accepted by the National Park Service. This photo on the right is from the 1984 site file form, when the building was documented in 1984 and determined at that time that it was a contributing structure to the district, and then of course we have the present-day photo on the left there showing how the two compare. One notable change is that the garage, which you can see on the left, to the left side of the picture and the right, was enclosed at some point between 1984 and today. These are just pictures of the other side of the building, and the east elevation and the north. So the map on your left, the one in color, shows you the -- this is the National Register map of the Hyde Park historic district, and they are a little difficult to read especially when working with things where it stands in past decades here, but the blue line showing the National Register District boundary. The red shows contributing structures. The yellow is an interesting category called contributing but altered structures. And then the blue shows the noncontributing structures. When the local historic district was adopted in 1988, within the local historic district boundaries, all of the contributing altered structures were simplified to be contributing. One thing of note about contributing structures is that when you have a local historic district, its a regulatory tool, and we use the code and the design guidelines for the district to preserve the integrity of the district as a whole. The altered buildings that were still considered to be correcting were determined to be eligible for federal and local historic tax incentive programs, so the changes to the buildings were noted. However, they were made contributing to encourage the rehabilitation. So for the local tax program, any other exterior work, the Architectural Review Commission would be the board in charge of overseeing the changes to ensure that any work would be done in an appropriate manner. These are just the maps as they were updated through the years. We do minor changes to the maps to reflect any new construction in the district, any demolitions. In 1992 the building was still shown as contributing and in 2017 our latest update to the map it was still shown as contributing. So within a historic district, the district itself is considered the significant property, and its a concentration of structures united. Historically or aesthetically by the plan or development and the individual components in the districts made themselves lack individual distinction. This house on its own would not be something that we would look at as a potential historic landmark. The Hyde Park historic district is largely a residential neighborhood. Theres some residential support uses within it. It has a wide variety of architectural styles and contains a mix of high schedule buildings and other structures. 1314 south desoto avenue is classified as a contributing structure because of the time it was determined that it retained most of its original physical characters and could be returned with a reasonable effort and cost to its historic form. The National Register nomination that has the contributing altered status in it went on to elaborate that it gave examples such as enclosing porches, making entrance to additions, these sorts of changes to a building would make it altered, but noted that the altered buildings were eligible for those tax incentive programs. The arc review process, which is what we do locally for the ad valorem tax incentive programs, ensures that the structures will be appropriately rehabilitated and enabled to change for their continued use. As stated many of the structures do exhibit some degree of modification, but the overall historic integrity of the district is maintained through the collection of the exhibiting contributors structures, and loss of contributing structures undermines the integrity of the district and diminishes the legitimacy. To sort of recap, the request is for a change in status from contributing to noncontributing, and the Hpc heard this request on June 14th of this year and determined that 1314 south desoto -- sorry, determined by Staff that 1314 south desoto avenue was built during the Hyde Park historic district period of significance, was identified in the 1985 nomination for the National Register-listed Hyde Park historic district and determined to be contributing but at erred, and it has been shown as contributing on all maps for both the locally designated and the National Register Of Historic Districts for Hyde Park. The classification of the structures has been consistent. Alterations to the two elevations except for the enclosure of the garage were in place at the time the structure was originally determined to be eligible as contributing, and therefore Staff considers that its integrity has been maintained. The Hpc shown on your screen for you, Mrs. Pettis-mackle stated, moved to -- voted to deny the application. And the Hpc motion was consistent with the recommendations that Staff made to the Hpc in June. And based on the research and evidence at 1314 south desoto avenue should retain its status as a contributing structure to the Hyde Park historic district. That concludes my presentation now. At this time, will The Applicant come forward?

Joseph Citro 3:44:07PM

We have a comment by Staff.

Bill Carlson 3:44:10PM

You said the property was eligible for tax incentives because of its status. Do you know if the Current Owner, any recent owners have benefited from tax deductions?

Elaine Lund 3:44:23PM

I am know it aware that happened at this property, no.

Bill Carlson 3:44:26PM

Does that mean it didnt happen or You just dont know?

Elaine Lund 3:44:29PM

I dont know.

Bill Carlson 3:44:30PM

Thank you. No staff is here that would know that, right? Okay.

Joseph Citro 3:44:34PM

Any other comments or questions? Petitioner? Jamie Mayor representing Applicant, 101 east Kennedy boulevard, and I have been sworn. I am trying to put the thumb drive in.

Joseph Citro 3:45:10PM

Just to make sure that we dont have to do this again, everyone in this room has been sworn in that is going to give any type of testimony? Thank you. Still waiting for it. To bring up your powerpoint.

Jaime Maier 3:46:06PM

It changed since the last time. In the meantime, we distributed packet with copies of the powerpoint as well as a copy of a letter from Mr. Sal Fleischman although hes here to provide testimony later in our presentation and also letters of support from surrounding property owners and a map showing where those letters originated from. So I want to make sure you all have that. All right, thank you for bearing with US on that. As Staff explained, this is a petition for review of the decision of the Hpc to change the status of the 1314 south desoto property from contributing to noncontributing in the Hyde Park district. When you look at the main elevations of this structure, the word contributing even in its most basic sense and in its historic sense does not come to mind. Accordingly, this is a decision that the Hpc struggled to make. It was a split 3-2 decision. However, the first motion to deny failed. The second motion was a motion to approve. That failed. After a lot of deliberation, there was a renewed motion to deny which only passed because one member who had been abstaining voted without comment. So the ultimate decision was to just maintain the status quo. It had been labeled contributing before. The evidence that, well, it had been labeled contributing on all the other maps, therefore it must be contribute contributing. That is not the standard. As you have heard, there is an express standard which I will get into later, but it was pretty much all had Hpc had to offer as you saw in the Staff report and materials there. Isnt much else on the than a footprint on a sanborn map which again in and of itself is not enough. It has to be something more. So I will walk you through some more photos of this site to further demonstrate, not only is it not contributing, it detracts from whats around it and many neighbors have said as much. It is not on par with the other buildings in the Hyde Park district that rightfully have the contributing status and the protection that that status affords. It is undistinguished structure and it is a mess, it is a frankenstein of additions spanning decade. Now, one thing thats important to note, as Staff mentioned, there was a list submitted when this district was prepared, a list of all the structures in Hyde Park within the district, and each structure was described with a contributing -- whether contributing or not and this structure was described as an undistinguished boxy two-story vernacular drawing. As you will hear from Mr. Fleischman that is not an identified architectural style of the Hyde Park Historic District. Also again it was labeled altered but contributing. The alterations are changes to the structure that are inconsistent with the structures character. The original character really has never been defined. It was never a noteworthy structure in and of itself. Again, footprints on a sanborn map doesnt really say anything about the structure. So between alterations which Mr. Fleischman will also describe and its undistinguished original form, our inventory says this was not and is not a contributing structure. Here is a snapshot of that historic Hyde Park inventory. This is just a little cross section of properties in Hyde Park up and down what used to be called desoto park avenue. As you can see, all of these contributing structures are a specific style we expect out of Hyde Park, mediterranean revival, colonial, craftsman bungalow. Then we get down to 1314, boxy, undistinguished, two-story vernacular dwelling. Now, the Hpc report does claim that a contributing single-family residence historically and currently. However, that is not the case and has not been the case for at least 70 years. Its a noncontributing multifamily structure. Maybe it was single-family structure back when it was constructed, but records in Tampa Tribune clippings show that as early as in the 50s, upper and lower duplexes were advertised here at this structure. And that is the actual use of the site today. It is zoned multifamily. It was zoned million before it was designated. So here are the standards. The standards are very thick manual. Its called the national register bulletin number 15, referenced in City Of Tampa code, as the standards with the Hpc an application when evaluating a request to go from contributing to noncontributing. Hyde Park creates the historic context, the bulletin is very clear, individual structures within that district must themselves possess integrity in order to contribute to the historic significance. In other words, thats how they are contributing. And a special question to assess integrity is you have to define the essential physical features that must be present in the structure to retain its significance. Now we heard that term, not presented any evidence of what these essential physical features are. And again, no one in favor that we have heard maintaining the status, that Staff has not provided any evidence of what the essential features are or that they have retained if they exhibit. It does not satisfy the historic significance threshold to even meet the critical aspect integrity as Mr. Fleischman will attest. Again a note about the altered but contributing status. An altered but contributing structure is one which has undergone alterations inconsistent with its character but those can be returned with reasonable effort and costs to historic one, but here it says it has to best that these changes are remedial in order to be altered but contributing rather than just noncontributing. Well, its very easy to miss all of these as remedial without analysis or discussion, and you disagree, which again you will hear more from Mr. Fleishman but the alterations compound the lack of integrity that the structure has and evidence of what May be left of its original form the structure itself did not have significance. So to kind of bring it together, theres no concrete evidence of what the structure is really supposed to be. It didnt have a style. It doesnt have a style. Theres no articulation of what the physical features were, and theres no definition of how alterations made to it are remedial could be easily be reversed and what the structure would be remediated to. In addition, as I think these photos make pretty clear, the structure is beyond repair, its totally dilapidated, Inspectors have deemed not only is it not compliant with the building code but it cannot be brought up to the building code because of the way its been cobbled together. Insurance Companies will not insure the structure. So it cant be legally inhabited and it hasnt been for two and a half years. Again we have reports from Architects, Insurance Companies, and Inspectors stating as much. I will skip through this because Mr. Fleischman is here to speak. He evaluated this property, and again I will have him come up in a minute. But in addition to Mr. Fleischman's testimony, we received letters which are in your packet of neighbors expressing their support for removing the contributing status of the structure, and these are stakeholders, property owners in Hyde Park themselves, Former Arc Board Member, one of them, many members of historic Hyde Park neighborhood social, Architects, Contractors, people who live in Hyde Park and have for a long time. Even as you can see those who live around it dont see its value. People dont like the structure. Again, these are just some quick summaries of these letters, but I would urge you to read those as much as you can in their entirety and see what the neighbors who actually specify the property do live in Hyde Park have to say. Finally, I would like to show the immediate surrounding area. This is quintessential historic Hyde Park. To the west across desoto, burns park. To the north, a multifamily and the mediterranean revival style. To the south across hills. And to the east a bungalow. The historic structure doesnt contribute to any of that. It detracts from the character. Its undistinguished, lacks integrity and is heavily, heavily altered. I would like to make a note if this building were deemed noncontributing and didnt have the protection of that status, just by being in Hyde Park as I know you all are familiar with, the arc would require a significant of appropriateness for any additions made to this, for any changes to it, and new construction. So the property itself would always have to be subject to review of the Hyde Park guidelines. Finally, I know Council is aware that the Hyde Park district is being expanded, more contributing structures are coming into the district, so removing this one building from the contributing roster is not going to impact the districts legitimacy. In fact, it is not as legitimate to use the status for structures that do not warrant it that does not serve the goal of preservation. So we urge that Council please do overturn the Hpc decision which was a split vote, and take the contributing status from the structure. I will now ask Mr. Fleischman to come up. Sol Fleischman, jr., Fleischman garcia maslowski architecture, 324 Hyde Park avenue. I consider myself not only an architect but a preservationist. I have a long history of involvement in preservation in Tampa. I was a founding member of the historic Tampa, Hillsborough County preservation board in the early 70s and served on that board for 20 years. I was a founding member of the Architectural Review Commission and served on that for six years until termed out. Usually I come before City Council and the arc trying to save old historic buildings, but this is the second time I have appeared before you trying to recommend a change of designation from contributing to noncontributing and demolition. The first one is 25 years ago, in 1997, quarter of a century. And that was 1801 bayshore, which was the swann house, which was an old house, but it had been altered over the years. So I made the case which the arc agreed to, that the designation needed to be changed because it was nonremedial. And they finally agreed to change the designation. We demolished it and what remains today at 1801 is that iconic mediterranean revival hub for don and miracle wallace. I believe everybody would agree it improved the look of bayshore. This is a very similar request, because this building has been changed a number of times over the years. In fact, most heartening was the removal of the original second floor terrace on hills avenue that at the time overlooked not only Bayshore Boulevard but hillsborough bay. That was an important character defining element for this house, and its gone because of an addition on the second floor that was very insensitively designed. That decision has windows that are poorly proportioned. They are almost square and not narrow and tall like the existing windows on the first floor of the house, and the existing windows on the north side of the second floor, which was part of the original fabric of the home. The windows are aluminum. Thats forbidden in the Historic District. They need to be wood or they need to be a composite wood. I mentioned the proportions. So the historic form of the house, because of the loss of that second floor terrace and the addition, does not resemble the original house. It has asbestos siding on the second floor addition, not an original material. It has aluminum roof facia and soffit, not original material. The bell tile roofing is not original material. It was originally shingles. So I recommend strongly that this house be -- the designation be changed to noncontributing and demolition allowed for it. Its not a charming house in the district. In fact, this morning when I went to take a final walk-around to make sure what I was saying was accurate, there was a lady walking her dog, and she saw me taking pictures, and she said, hey, what did City Council say? I said well, its actually this afternoon. Why dont you try to attend? She says, that house needs to come down. Its an eyesore, I hate it. I mean, and she was talking on the phone, and she said, im talking to Stacy Hahn, who is on our Hillsborough County School board, and Stacy agrees it needs to come down. So anyway, I strongly urge you to change the designation to noncontributing to allow it to come down. And then the arc will approve anything that replaces it. And I guarantee it will be a lot more charming. Thanks so much.

Joseph Citro 4:02:06PM

Thank you.

Joseph Citro 4:02:15PM

Thank you. Any comments or questions? Is there anyone in the audience that wishes to speak to this? Please, if you are going to speak to this, line up to my left, your right. Preservation. Hhpna, historic Hyde Park association. The President of the association is out of the country. I am going to read to you the motion that the hhpa motion, motion, this action was taken in June 2022. Support the hpc staff find the property located at 1314 south desoto avenue should retain its contributing structure to Hyde Park historic district. The property embodies the distinctive architecture and maintains the original architecture features of the historic building. In other words, we are asking you to listen to your staff. I will submit this into the record. And the Spanish Town Creek Neighborhood Association also passed a motion supporting the staff. I think you have that, but I am going to give it to you for the record. One of the things very briefly that I want to say is undistinguishable is not a criteria for declassification of historic building. If you were to use a criteria undistinguishable, the houses in dobyville, Ybor City, are undistinguishable. Uninhabitable is not another criteria. Insurance criteria is not a criteria. We have a historic property thats empty. You cant get insurance. Thats a cost of work but that doesnt make it disqualified as a noncontributing structure. Thank you.

Bill Carlson 4:04:10PM

Mr. Chairman? Mr. Acosta, could I ask you to state your professional qualification experience? I sat on the Hillsborough County preservation commission, same one as Sol Fleischman sat on. I was on the Architectural Review Commission. I was in the International Academy Design And Architecture. Lectured at the University Of Florida both in gainesville and nantucket on historic preservation. What a noncontributing structure is when you cannot see any more of the designed features. This has nothing to do with the -- that building is a historic building. It was red brick, classic early 20th century commercial architecture, storefronts, with doors with windows. What you see in Ybor City. The windows had been boarded up. All the originals had been boarded up. Its about stuccoed over. The architecture has been changed. Thats an example of historic building becoming noncontributing. The undistinguishable is not a criteria. I dont like it is not a criteria. Another thing that I want to mention to you, and there are neighbors over here, and things like this separate the neighborhood. You dont know what the neighbors were told about this case to write the letters. We were told a lot of things that were incorrect. Look at the architecture. Look at the criteria the National Park Service and listen to your staff. Thank you.

Joseph Citro 4:05:57PM

Other comments or questions? Thank you.

Orlando Gudes 4:06:03PM

I have a question for Staff. I have listened to the Applicant and the Expert, so I want to ask Staff, when you talk about a code, and this is what I am having trouble with, if this property cannot be brought up to code, what do we do? Do we let it get dilapidated and cant be brought up to code?

Elaine Lund 4:06:32PM

Historic Preservation Staff. The number of buildings and -- let me back up a bit, I guess. The cut-off for the year that we consider a building to be contributing to the Hyde Park historic district is 1933. Bringing all the buildings that were built from 1933 and earlier up to present day building code, I think that would be definitely a huge challenge, and its not a requirement, except for perhaps insurance purposes, or other safety issues. But as far as the rehabilitation work, its definitely not something that would be a requirement that would be impressed upon them by the arc.

Orlando Gudes 4:07:26PM

So what you are telling me is, so I am clear, there is no criteria because of the age of this building to be brought up to code or anything?

Elaine Lund 4:07:37PM

I cant really speak to that. I am not in construction.

Camaria Pettis-mackle 4:07:45PM

City attorneys office. Councilman Gudes, the criteria thats before City Council has been provided in the packet. What the request is before City Council. To change the designation from contributing to noncontributing. Those are the factors that the council should use in order to determine whether or not to change the status of the property. Those are the same standard that Historic Preservation Commission used in determine whether or not the propertys designation should be changed from contributing to noncontributing. Those are the sole factors that can be used in determining whether or not to either overturn the hpcs decision or to affirm it. I happy holiday that answers your question. But the information is provided in your packet on the criteria thats used in order to determine whether or not the petitioners request should be -- what City Council --

Orlando Gudes 4:08:45PM

I keep hearing that from both sides and thats why I am asking that. I am glad you said that, because I see a packet, and I hear the gentlemen talk about codes, and is it falling down? I am just trying to make sure I am clear on it. My name is Roger Grunke, 2708 north elmore avenue in tampas historic Tampa heights neighborhood. I have lived in Tampa since 1980, and private effort to establish the citys extremely successful Hyde Park historic district. I hold an architectural license in the State of Florida as well as building construction contractors license. I have degrees from University Of Florida. I have participated in hand-on preservation work, the Nantucket Preservation Program under the US. Department of State, Historic American Building Survey, also the Florida Department of State historic site nomination program of palm beach county, and was also instrumental in producing the privately funded four-year architectural survey of the town of palm beach. The latter served as the foundation for the popular publication "landmark architecture in palm beach." My job was to assess every house to determine whether it had any qualifying characteristics to be included in the survey. My experiences also include five years on the barrio Latino. My architecture career in Tampa has revolved around historically designated neighborhoods. One renovation and modernization and additions to contributing historic structures, two, the design of new structures in historic districts, and, 3, the strict restoration of historic structures, the latter includes the restoration work on Hillsborough County's oldest residence, the mosley house. The Florida Trust For Historic Preservation incorporated has awarded me twice for new in-fill structures in historic neighborhoods. My work has also been twice recognized by the Tampa hillsborough Planning Commission with award of excellence. I not only qualify architecture as being historically significant, its something I have lived and continue to live. The subject of discussion today is the two-story masonry and frame residence at 1314 desoto. This historic residence was constructed in 1921 and is a mix of styles. All of the same period. Some mission, spanish eclectic with prairie influences. This is the field guide to american houses by Virginia Lee -- [bell sounds] I will skip that and I want to show the council three photographs. Can we pull this up, please?

Joseph Citro 4:12:45PM

The Elmo, please. Thank you. You can see the shape that it was in. You can see the porches, second floor gallery has been enclosed. The same was true for the back. This also was a porch that was enclosed. And thats what it looked like from the front. [Bell sounds] this is what it looked like and finished and appeared in the Southern Living Magazine. To say that the property at 1314 is unremedial is very far-fetched. You can see from these photographs.

Joseph Citro 4:13:37PM

Thank you very much, sir. My name is Patricia Summerville. I live at 2107 west dekle avenue in historic Hyde Park. I agree with the findings of the professional staff and the decisions of the Historic Preservation Commission regarding 1314 south desoto avenue. I also want to make the point if there were many more neighbors here expressing the same that I have just expressed were this meeting held in the evening. Many of US work during the day. Thank you.

Joseph Citro 4:14:33PM

Thank you. I recently read about one of the biggest problems happening in our historic neighborhoods. Its called demolition by neglect. We are losing more and more and more homes every day. Owners who dont maintain their historic property allowing their property to deteriorate only to claim enormous cost of repair, claiming economic hardship. An economic hardship due to the Owners preference as to what he would like to do with the property and allow his property to deteriorate is not sufficient to constitute a hardship, entirely the Owner. Owners have a duty to maintain their property and should be held responsible. As per Tampa code of ordinances chapter 27 and 19, lack of maintenance on a property falls on the responsibility of the Owner. 1314 south desoto was given contributing status in 1985 when Hyde Park was designated a historic district. The Owner purchased this home in 2019. Now, in 2022, he wants to have the designation of contributing status removed. His sixth on the purchase contract was an agreement that he was prepared to accept the responsibility of this historic home. So why did he buy it? He knew then that this home is an important part of our citys history. It was built in 1921, and in 1985 was designated as a contributing structure, when Hyde Park became a historic district locally, and under the National Historic Registry. You are Historic Preservation Commission found no changes in their review of the 1314 south desoto. They are the Experts. I support their decision not to remove contributing status on 1314 south desoto. Thank you.

Joseph Citro 4:16:50PM

Thank you. My name is Linda Saul-sena, 157 biscayne in Tampa. Years and years ago, I was a young staff planner at the Planning Commission and helped write the Hyde Park plan. At that time, that was a waiver for come to be a member of Tampa City Council. At that time Hyde Park was in dreadful shape. Most of the larger homes had been chopped into rooming house rooms. You couldnt get alone from a White bank in those days. Banks were segregated and the level of deterioration was really planned. It is extraordinary the strides Hyde Park has made over the last several decade. Actually, I took a walk in this very neighborhood yesterday, and was so impressed by the level of maintenance, which hasnt been seen in Hyde Park since many of these homes were originally created. The home being discussed today as a contributing structure has not been one of the fortunate structures. It has not seen tender loving care. It has been mistreated with improper windows with, improper siding. But the good news for buildings as opposed to people is that you can replace the windows with the historically appropriate ones. You can replace the siding with the original siding thats appropriate. And you can bring back to the original character, which is still there underneath the unfortunate interim changes. I look to you all. This is not easy. This is not a spectacularly glamorous gorgeous building. It is a vernacular building. But what we are discussing today is the quality of a historic district, and the key word is contributing. This is not and was never one of Hyde Park's superstar structures. It is a modest home, but its a nice home, and it contributes to the feel, the scale, the character. It has all of the bones, the bones of a contributing structure. So I ask you to support the staff recommendations, the board recommendations, and recognize that this truly is a contributing structure in the Hyde Park historic district. Thanks.

Joseph Citro 4:19:27PM

Thank you. Is there anyone else that wishes to speak to this? Do we have anyone online?

The Clerk 4:19:40PM

[Off microphone]

Joseph Citro 4:19:46PM

Rebuttal?

Jaime Maier 4:19:48PM

Jaime Maier for the applicant. A few points. First of all, no one wants to actually talk about this property. We heard a lot about the district. We heard a lot about some history of the district and other positive things about this district but nobody wants to talk about this house. I dont know about you all but I still dont know what the essential physical features of this structure are that are what make it significant and how those structures, those features have been retained. I dont know that from public comment and I dont know that from staff. People keep referring to this as a home. It is not a home. Its a multifamily structure and it has been a multifamily structure for 70 years at least. And it is zoned million. So this is not -- its not a contributing home. That word is thrown around incorrectly. And again, the Hpc report has that incorrectly. It is not a home. Its a multifamily structure. Not once has anybody actually applied, including staff, the National Register Bulletin. How do we actually see how this structure has integrity? How have we seen actually seen what the physical structures are? Now the letters in support, I think its pretty clear these neighbors are very familiar with the structure and their opinion is very strong that it is a terrible structure and provides no value and is the not worth saving. Those are the letters in your packet and they knew what the structure is. Again, I want to remind Council that Hpc struggled with this decision. It was three motions. Two failed. And the Hpc did not have the benefit Mr. Fleischman's testimony. He was not at that hearing. They did have the Neighborhood Association's letter and testimony so they had all of that, but they still struggled with the decision because it was not clear what was so significant about this property. I believe our client, the applicant, would like to speak as well. Im Jim Blackwood, the property owner at 1314 south desoto. I would like to address the gentlemans question on the codes specifics, but first give some context to the comments I heard earlier. I am not petitioning under a hardship consideration. I simply mentioned and asked our team to mention the inability to ensure the property as a function of it not being to code and cannot be brought up to code. Why specifically is that true? From a professional inspectors report he said specifically, the house was constructed without a crawl space, no space underneath, no space in the walls, and no space above to run the required plumbing, electrical, mechanical equipment. He said it is not to code, and the building cannot be brought to code. That is a relevant point to bring up in this because the request out of the Hpc staff report is that the building and the suggestion is that it can be rehabilitated according to the Secretary Of Interior Standard for rehabilitation. That is not correct because before it goes into those standard of rehabilitation, the Secretary Of Interior Standard first paragraph says that these steps are to be executed under the considerations of economic and technical feasibilities, end quote. So that is the basis by which we proposed and put into the presentation that the building is simply not up to code and cannot be brought up to code. I am a preservationist. I have lived in Hyde Park for 20 years plus, I am an Hhpna member. I have preserved my own house. I have the trifecta of preservations. I have an ad valorem tax credit. I have a historic preservation banner. And my house was featured as a top property two blocks away on the 2011 historic home tour. I bought this property with the full intention of restoring this. It was only after a reluctant inspections and piecing and pulling apart the apartments that this building had been divided up into that I realized very unfortunately the car is simply totaled. I want to restore the car that has been involved in the accident, but I simply cannot. I want to finish with one last line, referencing the nrd. The staff report referenced the nrb pages 44 to 49. Under the caption, how to evaluate the integrity of a property, if we are to evaluate the integrity of a property, we have to do so in its entirety. Everyone took an oath to tell the truth, the whole truth and nothing but the truth but part of that truth was left out.

Joseph Citro 4:25:03PM

30 second. By a nonhistoric material such as modern siding which mine is, the property can still be eligible if its significant forms and features are not obscured. Mine are. Here, key point. If a propertys exterior is covered by a nonhistoric front or curtain wall, which mine is, the property will not qualify under criteria a, b or c, such a property, and skipping down because I might run out of time, but such a plot also cannot be considered a contributing element in the historic district. That is the very quote out of page 47 that is included in the report. So by default, the Hpc staff report makes our very case. Thank you.

Joseph Citro 4:25:51PM

Thank you. Is there anyone else who wishes to be speak to this? What is the pleasure of Council?

Luis Viera 4:26:03PM

I see this in a lot of public hearings, with rezoning, et cetera, always give staff reports a lot of deference and whatnot. They are kind of, as always, the legs in the stool we can use to approve or deny a case. I know this has been stated in so many ways before, but if I May ask the Council here, what distinguishes your position and your case from that report? Not just the decision of the board previously, but the actual report? There is no evidence provided, theres no analysis of the criteria, theres no evidence applied to those criteria in the staff report. Staff burden is not met and has not been met at all, and really that is the crux of it.

Bill Carlson 4:27:20PM

Should we ask Staff to respond to that?

Elaine Lund 4:27:22PM

Historic Preservation Staff. The fact that this property is currently contributing is a decision that was made in the 1980s. We are not -- had note been charged with determining whether or not its still unique property, whether or not it could be changed to noncontributing.

Joseph Citro 4:27:42PM

Councilman Gudes.

Orlando Gudes 4:27:49PM

Could She come back to that last section there?

Elaine Lund 4:27:58PM

What I believe I said was that what We were doing in the staff report is stating the facts, you know, the house, the building was determined to be contributing in the 1980s and has remained as such, and basically our position is not to reassess it at this point, as to whether or not its contributing or noncontributing.

Orlando Gudes 4:28:26PM

So we dont automatically reassess it when it comes before You for review? You dont automatically reassess it? Because of the fact its 1980?

Elaine Lund 4:28:36PM

Because there have been no substantial changes to it for US to have a reason to make that determination.

Orlando Gudes 4:28:44PM

All right. Thank you.

Joseph Citro 4:28:48PM

Any other comments or questions?

Charlie Miranda 4:28:53PM

I listened to it very intensely, and theres three things we can do. Move to affirm, move to remand, and move to overturn. Am I corrected, Counselor?

Camaria Pettis-mackle 4:29:08PM

Legal Department. That is correct.

Charlie Miranda 4:29:10PM

Theres only one thing in my mind listening to both side, and both sides did a very professional job in making their presentation. However, at the end I heard one comment, and said that what we are hearing now, Mr. Fleischman did not report, was not present in the hearing with the Historic Preservation Commission. Is that correct?

Camaria Pettis-mackle 4:29:30PM

That is correct. He was not present at the hearing.

Orlando Gudes 4:29:35PM

So we are not really listening to the same thing.

Camaria Pettis-mackle 4:29:38PM

He provided some information this afternoon, but The Board did not hear what He said. He was not present for the Hpc hearing.

Charlie Miranda 4:29:48PM

Thank you very much.

Joseph Citro 4:29:49PM

Any other comments or questions? Councilman Carlson.

Bill Carlson 4:29:54PM

I just wonder, and the applicant is going to get the last word and can rebut all of this, I think, but can legal tell me if I am wrong, but can I ask the gentleman from the University Of Florida, Mr. Grunke, I forgot your name, you ran out of time but you started to give US your analysis on the three different architectural styles, and the historic significance of this.

Grunke 4:30:21PM

Yes. Thank you very much. The field document of american houses is the go-to book for the City Of Tampa preservation staff, the Preservation Department. This book is used across the united states as a guide to evaluate historic quality of styles. And out of this book, we learned very easily that the 1314 is what we consider an american eclectic house at the beginning of the 19 -- 20th century. Okay, its mission style. And spanish eclectic with influence of various style. This house fits all the criteria for those classifications. The footprint of the house is linear. There are some additions on the east side. But overwhelmingly, the house was originally and still can be brought back to its form. The very important feature, which has not been covered and has really not been altered, is the prominent one-story open porch. This is a charlotte county defining feature of mission architecture. And this building had it, has it -- it has not been damaged in any way. The building fits into the time period from spanish eclectic, low pitched roof. This house has it. Stucco surface walls. It has it also. The second floor was framed, and that was very common. Mccallister also notes that 10% of this typology features flat roofs, which this building had on the small projections.

Martin Shelby 4:32:31PM

If I can, I dont know how long Mr. Grunke is going to be testifying to answer the question.

Joseph Citro 4:32:37PM

The Applicant will get equal amount of time for rebuttal.

Martin Shelby 4:32:43PM

Thank you. Are positioned on the building. Also, the prairie style emphasizes simplicity and decoration. What many people are calling an unimportant building is the fact that its simplicity is apropos to its style. So this building is absolutely an example of quality historicism belonging to the Hyde Mark Neighborhood. I think if you -- I think people are confusing, the general public, May confuse pretty with historic. Preservation is not necessarily about preserving things that are pretty. Its about preserving things that are historic. When you look at some of the earliest of the american architecture, they are not flamboyant. This is such a building. And it is an important asset to this neighborhood. If we were to remove its designation, it would open the door for any building in the future within the district.

Bill Carlson 4:34:17PM

Sir, I think You answered my question. I appreciate it. Thank You.

Joseph Citro 4:34:21PM

Petitioner, rebuttal time. Mr. Grunke's comments are a bit of a stretch. I am not sure I can see any mission style or craftsman style influences in this home, mediterranean spanish eclectic because its stucco and has a covered porch, thats a stretch. If it was either one it would probably have arches or decorative corners in the entrance to the porch. Prairie style, thats a real stretch. It does have a hip roof. The prairie style homes had really long cantilevers eaves, as Lloyd Franklin Wright, and horizontal trim, horizontal line. None of thats evident except for minarets. The facia which again is metal, not wood, soffit, metal, not wood, or similar material. And I am not a proponent of Field Guide. I have used it throughout my career, but I am not sure this home conforms to any of those. Thank you.

Joseph Citro 4:36:07PM

Any other comments or questions?

Jaime Maier 4:36:21PM

If I May, I believe we still have a couple more minutes, that extra time, a couple really quick points. The historic Hyde Park guidelines specifically say there is one, precisely one example of a prairie style in the district. And its not this one. Its specific. I just want to point that out. Its a mix of all these styles, why was it labeled by The City in its inventory as an undistinguished boxy two story vernacular dwelling when they could have labeled it as they were clearly cable of doing and ascertaining what those styles were at the time they were taking inventory. And it really is a mix of all the styles, why is The City's professional staff, why were they unaware of in the their staff report? I simply think it is what it is, its an undistinguished boxy building which should not be labeled contributing. Thank you.

Joseph Citro 4:37:10PM

Councilman Gudes.

Orlando Gudes 4:37:13PM

Let me know if I am on a wrong slope here. Can City Staff answer the question? What style home is it?

Camaria Pettis-mackle 4:37:24PM

Is that a question of counsel?

Orlando Gudes 4:37:30PM

Yes, if thats the case.

Martin Shelby 4:37:31PM

Well, Mr. Chairman, Members Of Council, the answer is that you have an opportunity to ask questions, you have an opportunity to get the answer to the questions, and then you have rebuttal. And what happened was that in response to a question, it required additional time for rebuttal. If you go by your rules of procedure as set forth, the question is, you know --

Orlando Gudes 4:38:04PM

Did She answer or not? Thats all -- always ask nor questions. We have to give rebuttal an appropriate time that was used when we asked someone else a question.

Martin Shelby 4:38:17PM

Thats correct, Sir. And yet the concern that I have is that the questions, and then a rebuttal, another question and then a rebuttal and then a response changes the hearing. But --

Orlando Gudes 4:38:31PM

Im asking legal, you are City District Attorney. I have two people, Mr. Carlson called up an expert. We had another expert. You want to know what style home is it? Is it distinguished or we dont. Can you answer that question Ms. Pettis-mackle?

Camaria Pettis-mackle 4:38:53PM

I cant answer that question but Staff is here if you want to ask Staff that question.

Orlando Gudes 4:38:58PM

Mr. Shelby, can I ask staff that question?

Martin Shelby 4:39:01PM

As long as the Petitioner does have the last word and has rebuttal.

Orlando Gudes 4:39:05PM

I dont care about that. I just want to know --

Orlando Gudes 4:39:11PM

I am saying We had an Expert come up on the other side. I want to hear from Staff do they know what this is?

Orlando Gudes 4:39:26PM

Thank you.

Joseph Citro 4:39:27PM

Any other comments or questions, City Council?

Joseph Citro 4:39:41PM

I need to ask Staff a question. Legal. The paperwork that you gave US that sets up criteria, and everything from Historic District, what classifies a Historic District, visual effects, nonhistoric, is this criteria that sets forth distinguishing a house as a historic home in an historic area? Are these the guidelines?

Camaria Pettis-mackle 4:40:29PM

Staff can answer that question.

Joseph Citro 4:40:32PM

This is not legal. This is not legal.

Camaria Pettis-mackle 4:40:34PM

Thats the criteria thats used --

Camaria Pettis-mackle 4:40:40PM

Yes, thats the criteria.

Joseph Citro 4:40:41PM

Thats all I needed to know.

Camaria Pettis-mackle 4:40:43PM

Okay.

Joseph Citro 4:40:45PM

Motion to close by Councilman Maniscalco. Seconded by Councilman Viera. All in favor? What is the pleasure of council? Councilman Maniscalco.

Guido Maniscalco 4:40:59PM

Thank you very much. I heard both sides, and a lot of evidence, and having said that, my motion would be to move to affirm the hpcs decision to deny the request to change the designation status from contributing to noncontributing regarding application number Hpc 2022-2 for the property located at 1314 south desoto avenue because the petition does meet the criteria set forth in code section 27-261 -- I and the national register number 15.

Joseph Citro 4:41:36PM

We have a motion. It is seconded by -- made by Councilman Maniscalco, seconded by Councilwoman Hurtak. Any comments?

Bill Carlson 4:41:49PM

I would just like to add -- which one do you want? I would just like to add, as evidence or backup to the motion, that we have had testimony from staff about the architectural style, we have had testimony by Three Experienced Experts including either Current Or Former Professor from the University Of Florida who went through in detail to talk about the different styles that are represented in the architecture, and the three experts in the community testified as to the fact that it is a contributing structure and its importance and relevance to the surrounding areas.

Guido Maniscalco 4:42:36PM

I support that as part of my motion.

Lynn Hurtak 4:42:43PM

I would also like to add that it retains the majority under criterion b, it does retain the majority of the features of the illustrated style in terms of the massing, spatial relationships, proportion, pattern of windows and doors, textures and materials and ornamentation, and as a comment, I see those styles when I look at the photos. I see Craftsman in this, absolutely. I see Mission Style in this. So I can specifically see those myself.

Joseph Citro 4:43:18PM

Any other comments or questions? Councilman Miranda.

Charlie Miranda 4:43:23PM

This is not a de novo hearing, right? Or wrong?

Camaria Pettis-mackle 4:43:33PM

City Attorney's Office. Yes, this is a de novo hearing.

Charlie Miranda 4:43:38PM

This is a de novo hearing.

Joseph Citro 4:43:41PM

Anything else? I will just make a couple statements. In our paperwork that is our legal basis, there are just a couple of things. The essential physical features although it changes over time is not necessary for the property to retain all its historic physical features or characteristics. And that comes down to visibility and physical features. The property is eligible under criteria a, b and c, plus only retained essential features, but the features must be visible enough to convey their significance. Must be physical enough to convey their significance. Ladies And Gentlemen, years ago when I was growing up, if a cocker spaniel and a poodle had a puppy, we called it a mutt. But it was still loved just as much as one that is today called a cockapoo. There are some people who love this building there. Are some who do not. It has historic value in my opinion. Thank you. We have a motion on the floor. Lets take a roll call vote.

Charlie Miranda 4:45:10PM

Yes.

Lynn Hurtak 4:45:13PM

Yes.

Bill Carlson 4:45:15PM

Yes.

Orlando Gudes 4:45:16PM

Yes.

Luis Viera 4:45:17PM

Yes.

Guido Maniscalco 4:45:18PM

Yes.

Joseph Citro 4:45:20PM

Yes.

The Clerk 4:45:21PM

Motion carried unanimously.

Joseph Citro 4:45:23PM

Thank you. Agenda item number 75. File de 1-22-235-c.

Luis Viera 4:45:46PM

Mr. Chair, if I May, I hopefully will be able to stay to the end. In case if I dont, if I May, I know this is unorthodox, I was presenting a commendation to the Hispanic Bar, would quickly move for that. So I would like to present that just in case. Seconded by Councilman Maniscalco. All in favor say aye. Any opposed? Agenda item number 75, file de 1-22-235-c.

Camaria Pettis-mackle 4:46:22PM

Legal Department. Before you, I have item number 75, which is a petition for review for the property located at 4619 north clark avenue. This is a petition for review regarding a decision by Staff for design exception. Unlike the previous case, City Council will have two actions that they can take regarding this matter after hearing all the evidence in this case. The petitioner brought this -- regarding this matter is Michael Kass, requested Staff to allow for 6-foot high pvc fence along the south property boundary with a 5-foot buffer. Staff determined that the request does not meet the criteria of the code as outlined in code section 27-284.3.3 And code section 27-60 which gives the criteria regarding design exceptions. City Council was previously provided the code sections that I just stated along the 27-61, sample motions and rules of procedures in order to conduct this hearing. The standard of review regarding this matter is a de novo review, which means that City Council according to the code can accept new evidence, you can take public testimony, and make a decision to determine whether or not the application or the petitioner meets the criteria as outlined in 27-60 regarding alternative design exceptions. Staff is present to give an overview of the request and the basis for staffs decision, and upon hearing all the evidence in this case, City Council can take two actions in this matter. City Council can affirm the decision of Staff and thereby deny the request to allow a 6-foot high pvc fence along the south boundary with a 5-foot buffer, in doing that, if you affirm, you are saying that the request does not meet the criteria as outlined in code section 27-60. Or City Council can overturn the decision by Staff and thereby Grant the request to allow a 6-foot high pvc fence along the south property boundary with the 5-foot buffer. In order to overturn staffs decision, City Council must determine that the request does meet the criteria outlined in 27-60. Staff is online in order to give the presentation.

Joseph Citro 4:48:56PM

Do we see you? Laura Marley, Development Coordination. Can you please bring up my powerpoint? Or share my screen.

Joseph Citro 4:49:14PM

There you go.

Joseph Citro 4:49:23PM

No, We cannot. We can sea You. I think We are getting it right now. There You go. Thats not a full size. That one?

Joseph Citro 4:49:40PM

There. No. It was there. There you go. Bingo. So this is de 1-22-235, Michael Kass, property at 3619 north clark avenue, and the zoning is industrial general. The design exception was to reduce a reduction on the required use of the buffer from a 6-foot masonry wall with a 15-foot landscape buffer to a 6-foot pvc fence with a 5-foot landscape buffer. This is property in question. And the south property line is where the applicant was asking for the reduction. This is the standard for review. Staff made the decision that a was not met, and that is provided in this chapter, nor is it injurious to the public health, safety or general welfare.

Joseph Citro 4:50:39PM

Can you go back to the overhead? Im sorry, you passed by that very quickly. The aerial view, please.

Laura Marley 4:50:45PM

Sure. Not this one?

Joseph Citro 4:50:54PM

No, maam, the aerial view.

Laura Marley 4:50:56PM

Thats whats showing on my screen.

Joseph Citro 4:50:59PM

There you go. Thank you.

Laura Marley 4:51:08PM

Is it on your screen?

Joseph Citro 4:51:13PM

It is now. Can you please leave it there?

Laura Marley 4:51:16PM

Okay. I wont touch it. Okay.

Joseph Citro 4:51:24PM

We cannot see it. Keep it there, please.

Laura Marley 4:51:30PM

On my screen it is there. I am not touching anything.

Joseph Citro 4:51:35PM

There it is. Thank you. Okay. Is everyone satisfied? Yes? All right. Thank you. Please proceed.

Laura Marley 4:51:52PM

Youre welcome. Okay. So the adjacent property owner, the one to the south, expressed his opposition at a meeting with staff, and declined to sign an affidavit presented by the Petitioner in support of the reduced buffer. And this is the site plan that the Applicant had submitted, so it is the south property line. As you can see in the yellow highlight. This is what he proposed as a 6-foot high pvc fence, and then applied for a buffer, because as you can see on the site plan, there are buildings, and there is landscape -- not landscape, buildings and theres a parking lot and some concrete in the area of where a 15-foot buffer should be. This is a picture of the site. On the right side of the screen, its a turquoise. Its a single-family. And that would be the property line where the 6-foot wall and 15-foot buffer should have been. And again this is a view of the property, that in the majority of the screen is a single-family. Do you have any questions?

Camaria Pettis-mackle 4:53:18PM

Im sorry. Camaria Pettis-mackle, City Attorney's Office. Can I have Staff, explain theres two bases on which Staff denied the application from the Petitioner. Its based on 27-60-a, and subsection a, and subsection e. Thats according to the letter.

Laura Marley 4:53:39PM

The letter, I do not have in front of me. Al "a" is the one that interferes with the property and b is the approval of exception of standard includes conditions of approval as necessary to ensure that adjustments granted does not constitute a Grant or special privilege inconsistent with the limitations upon other properties in the vicinity or within the same zoning district.

Joseph Citro 4:54:09PM

Okay, any questions for staff? Councilman Gudes.

Orlando Gudes 4:54:16PM

Ms. Pettis-mackle, is this letter part of the evidence or part of the record?

Camaria Pettis-mackle 4:54:24PM

City Attorney's office. Yes, the staffs decision is in sire. Its a part of the packet that was e-mailed to City Council.

Orlando Gudes 4:54:34PM

Okay.

Joseph Citro 4:54:38PM

Councilman Maniscalco.

Guido Maniscalco 4:54:41PM

Did you say Pettis-mackle or Maniscalco?

Joseph Citro 4:54:49PM

Now you know how I feel when I say Miranda. Its Councilman Miranda.

Charlie Miranda 4:54:57PM

Let me say under your staff report I would like to make sure that code section, code requires between group a single-family residence and a 6-foot masonry wall with a 15-foot landscape buffer consistent -- thats whats required?

Laura Marley 4:55:24PM

Correct. Thats correct.

Charlie Miranda 4:55:26PM

And the request is for a 6-foot pvc fence and a 5-foot buffer?

Laura Marley 4:55:33PM

Correct.

Charlie Miranda 4:55:34PM

Thank you very much.

Laura Marley 4:55:36PM

Youre welcome.

Joseph Citro 4:55:37PM

Councilwoman Hurtak.

Lynn Hurtak 4:55:38PM

Actually, its a question for the Petitioner.

Joseph Citro 4:55:44PM

Any further questions for staff? Petitioner. Christina Rhaney on behalf of Petitioner, Michael Kass, 1505 north Florida Avenue. I will be very brief. I have five minutes for rebuttal. Speaking with Eric Cotton on staff, he said he would not have an objection to the alternative design. We were going to do an 8-foot pvc fence with a 5-foot heavily landscaped buffer. And thats the only reason that they had an objection was because of the objection of the neighbor to the south. The applicant has no issue with building a taller fence or additional landscaping required for the buffer but due to the limitations here, with --

Martin Shelby 4:56:38PM

Excuse me, if you can bring it up.

Joseph Citro 4:56:44PM

There we go. We have it up there. There we go. They are obviously much closer than 15 feet, and then here you can see detail the stations that already here so its not possible with the use of the property to have a 15-foot buffer.

Joseph Citro 4:57:07PM

Councilwoman Hurtak.

Lynn Hurtak 4:57:12PM

So this is not a new building? These structures are existing.

Lynn Hurtak 4:57:21PM

Thank you.

Joseph Citro 4:57:23PM

Any other comments or questions? Im sorry, are you finished with your presentation?

Joseph Citro 4:57:28PM

Any comments or questions? What are the hours of operation of this? Its a Towing Business so its kind of not needed. With vehicles coming in and out -- could be 24 hours a day.

Joseph Citro 4:57:49PM

And I guess my line of questioning is headlights flashing into Residents' windows. Is there going to be any type of loud noises? Is there going to be any distractions or people that cannot sleep? So the pvc fencing that has been proposed is a solid barrier, so there wouldnt be any light intrusion from the property. As far as loud noises, I mean, no more noise than cars passing on the street outside of your house, I would say. Thats kind of the same thing there.

Joseph Citro 4:58:28PM

No irate customers having their car towed wrongfully? I am being facetious. Any other comments or questions to the petitioner? Anyone in the audience that would like to speak to this? I will try to make my statement brief and to the point. Ever since this man Mike Kass purchased the parcel at 1419 north park avenue which -- my name is Bill Calvo, and I reside at 4617 north clark avenue, and I abut the 4619 on the north property line. Ever since this man Mike Kass purchased the property at 4619 north clark avenue, it has been a nightmare. He collects -- three relandscaping companies are there, two to three residences in the back building, which is about 230 square feet made for one person. I should know; I once lived there. Mr. Kass has told people, quote, I purchased this property and I can do with it what I want. Unquote. Keep in mind this man is a lawyer and should know better. Well, he cant do whatever he wants next to my home, my homestead of 27 years. Then, for your information, he broke up the front with no permits and could have had it up and poured it back cement, was shown in the front of the property, no permit, and covered it up with no engineering, no engineer signing off. Blacktop the whole site, again no permits. Thats caused more flooding to me. About a year ago, Tampa Pd Narcotics Unit raided the place, they arrested at least two people for distributing methamphetamine, using the tow trucks and motorcycles to do so. That was confirmed to me by Tampa Pd because I went out there and spoke with them. Tampa Pd told me what was going on there. Mr. Kass told me, quote, there are nice people there. Sure, they are. One of which is still there. A Tow Truck Driver. When I left the sign, I left the sign saying please return my amazon package, after four days, he came to my door, I thought it was the mailman. It was this Tow Truck Driver who got in my face, threw the sign in my face and told me, if I ever f-ing go over there hes going to do me bodily harm. Ever since I always have to have a firearm ready because the tenants he has. Mr. Kass enjoys a 6-foot cement wall on his north side, which I have put up with Mr. Miranda's help way back. And now he raised it to 10-foot cement wall on his northern buffer. He must follow Tampa city code which states, next to a residence you must put up a 6-foot cement wall full length of the property line, and a 15-foot buffer. He went and blacktopped everything. [Bell sounds] [no encoder] and he threatened to cause me problems. The pursuit of happiness and good quality of life on my homestead, I have since consulted a civil rights attorney and if need will file a complaint with the U.s. Justice Department. I would like to -- your three minutes is up.

Joseph Citro 5:03:05PM

Your three minutes is up. Thank you very much, Sir. Can Council see my pictures?

Joseph Citro 5:03:13PM

You can submit them into evidence that way.

Joseph Citro 5:03:16PM

Is there anyone else in the audience that wishes to speak to this? Because you mentioned hours of operation. They operate 24/7. 140 in the morning, 4:00 in the morning, 4:15 in the morning. I had to call the Police because they were pressure washing their trucks. Its been a nightmare. They got me on nerves over there, and I urge Council to make them follow Tampa city code which staff said that they must follow. Thats all.

Joseph Citro 5:03:55PM

Thank you, Sir.

Joseph Citro 5:04:03PM

They are going to go into evidence. Is there anyone else that would like to speak to this? Petitioner, do you want rebuttal?

Martin Shelby 5:04:15PM

Do you want Her to see the pictures? Do you want to see the pictures before rebuttal? Thats the question. Can I go ahead and start?

Joseph Citro 5:04:26PM

I thought you wanted to see the pictures before you started rebuttal. I guess just to start off with, I dont see how any of that is relevant, and I have no knowledge of five tenants being there, any of that. So I just want to start out with that and I dont think any of it is relevant to this issue here with the fencing. As you are aware, the intended section 27-284.33 Is to reduce the impact of new or expanded use on adjacent existing uses. So the point of this was to have additional landscaping to create more of a buffer as you can see in the pictures theres not much of a buffer existing at this point. The current wood fence is falling down. So thats why the new fence is needed. Lets see, the reason a masonry wall wasnt proposed is because it would be prohibitively expensive. It was about $55,000, I believe, whereas a pvc was 10,000. So that was the reason that was proposed. The applicants proposed design and use of the property does not impact the adjacent property owners enjoyment of his property. However, it does impact the applicants use of the property. If that 15-foot buffer is required, the usable space here is greatly reduced. Just due to the shape of the property.

Joseph Citro 5:07:24PM

I notice your rebuttal time. However, Councilwoman Hurtak has a question.

Lynn Hurtak 5:07:37PM

Sure. When was this property purchased? About five or six years ago.

Lynn Hurtak 5:07:43PM

And this was zoned the way it is right now, correct? Okay, thank you.

Joseph Citro 5:07:49PM

Are you finished with your rebuttal time or would you like to continue? Can I speak? My name is Michael Kass. My office is at 1505 north Florida. I listened to Mr. Calvo. I frankly dont know what hes talking about. I have had one tenant in there since I purchased it, and applied for a change of use as a result of a Code Enforcement violation, which is why I am here today, and the property is about 235 feet long from back to front, and that I am told by my architect that thats about a $55,000 wall. The wall doesnt really make a difference if you have a plain pvc fence in there, and I am not sure exactly what the problem is. I rent to a One-man Towing Company thats been there for the five years, four or five years that I have owned it, and I think there was a problem with somebody doing some kind of drugs there, but it certainly wasnt my problem but it was taken care of. It hasnt occurred since then. And I would ask the Council to approve the design, and I am willing also to go to an 8-foot fence which was proposed by Mr. Cotton, and Mr. Calvo denied that. I have owned property. I have been in this county for 52 years. I have lived here for 52 years. I practiced law here and I take care of my property. Im kind of amazed at the fact that Mr. Calvo things I had a landscaping problem. I never had anybody in there except this particular tenant. So thank you very much.

Joseph Citro 5:09:37PM

Does that complete your rebuttal?

Guido Maniscalco 5:09:44PM

Move to close.

Charlie Miranda 5:09:47PM

Hes entitled now to rebuttal.

Joseph Citro 5:09:49PM

Petition? We have a motion to close from Councilman Maniscalco. Seconded by Councilman Carlson. All in favor? What is the pleasure of council?

Bill Carlson 5:10:08PM

I would like to move to overturn the Zoning Administration's denial of design exception de 1-22-235 for the property located at 4619 north clark avenue because Petitioner demonstrated that the petition is consistent with the applicable general standards set forth in section 27-60.

Bill Carlson 5:10:34PM

Petitioner demonstrated that the petition set forth with have been the general standard set forth in 2-60, overturn the Zoning Administrator's denial.

Joseph Citro 5:10:48PM

We have a motion made by Councilman Carlson, seconded by Councilman Viera. Any discussion?

Charlie Miranda 5:10:55PM

I want to discuss for a minute. I dont know how long this has been going on, five years two, years, whatever. But when you buy a piece of property, its up to the Purchaser to make sure that that Purchaser meets all the qualifications that is necessary at the time that he or she makes that purchase. Thats all I am going to say.

Joseph Citro 5:11:13PM

Councilwoman Hurtak.

Lynn Hurtak 5:11:16PM

I was going to say the same thing. I agree that by buying this, He should have known what the requirements were, or should have done due diligence.

Joseph Citro 5:11:26PM

Anyone Else? Do a roll call vote.

Charlie Miranda 5:11:35PM

No.

Lynn Hurtak 5:11:39PM

No.

Bill Carlson 5:11:40PM

Yes.

Orlando Gudes 5:11:42PM

No.

Luis Viera 5:11:43PM

Yes.

Guido Maniscalco 5:11:45PM

No.

Joseph Citro 5:11:47PM

No.

The Clerk 5:11:48PM

Motion failed with Miranda, Hurtak, Gudes, Maniscalco, and Citro voting no.

Joseph Citro 5:11:54PM

Councilman Maniscalco.

Guido Maniscalco 5:11:57PM

I make a motion to uphold the Zoning Administrator's denial, I move to uphold the Zoning Administrator's denial of the design exception application d-1-22-235 for the property located at 4619 north clark avenue because the Petitioner failed to demonstrate that the application is consistent with the applicable standards set forth in section 27-60.

Joseph Citro 5:12:27PM

Motion by Councilman Maniscalco, seconded by Councilman Gudes. Roll call vote.

Bill Carlson 5:12:31PM

Can I just say -- do you have any other evidence to put into the record or is that the whole motion? Making that purchase. I dont see the -- what is the term that I am looking for? Exactly, the hardship and the necessity for having to -- thats it for me.

Martin Shelby 5:13:23PM

Anything anybody wants to add to the record based on the testimony or evidence?

Joseph Citro 5:13:29PM

Councilman Gudes.

Orlando Gudes 5:13:32PM

City Staff did not make a recommendation to move forward. Deny it. Councilwoman Hurtak.

Lynn Hurtak 5:13:43PM

It does not comply with section 27-60 subsection e, subsection 5, subsection a, that it neither interferes with the rights of others nor injurious to public health, safety or general welfare.

Joseph Citro 5:14:07PM

Anything, anyone else? Roll call vote.

Bill Carlson 5:14:13PM

No.

Lynn Hurtak 5:14:19PM

Yes.

Orlando Gudes 5:14:20PM

Yes.

Luis Viera 5:14:22PM

No.

Guido Maniscalco 5:14:24PM

Yes.

Charlie Miranda 5:14:27PM

Yes.

Joseph Citro 5:14:28PM

Yes.

The Clerk 5:14:29PM

Motion carried with Carlson and Viera voting no.

Joseph Citro 5:14:33PM

Okay. Information and reports. Councilman Miranda.

Charlie Miranda 5:14:40PM

I dont have any, sir. But I spoke to Mr. Shelby about this earlier today. Mr. Rogero reported back to you that we have found money in the budget to hire outside counsel to help prepare the charter amendments. And I have spoken to three outside law firms that we have contracts with to see if they are available to do so. They all said they could, but its a short time frame so I wanted to give the names to you all this afternoon to see if I could get whichever law firm you would like. So the law firms, the three law firms I spoke to were Bryant Miller Olive, Gray Robinson, and Nabors Giblin. I have done them in alphabetical order. All of them are good law firms, they have attorneys that do governmental law, governmental practice and have been involved in charter issues before.

Bill Carlson 5:15:37PM

We probably all know all those firms but what criteria should We use to pick them? Is there any criteria?

Morris Massey 5:15:51PM

All three are very well qualified firms. Any of those three would be good firms. They all have attorneys that have worked on charter issues that are good government lawyers. You know, if you wanted to ask for a preference, its hard to tell you which one is better. Overall, the Nabors Giblin we use primarily for bond work, but they also have very large government practices throughout the State of Florida, and they have good government lawyers. Gray Robinson is here locally. They have government lawyers as well. Some of them actually were in our office. So some of those attorney have been involved with charter issues as well. So those are all three good choices.

Bill Carlson 5:16:29PM

I know all three of them. I would suggest Bryant Miller Olive, just because they havent been involved in some of the other issues that we have had. All three are great firms. Gray Robinson has two former city attorneys. But just on this particular issue, I would suggest Bryant Miller Olive.

Joseph Citro 5:16:50PM

We have a motion made by Councilman Viera, seconded by -- I mean Carlson. Seconded by Councilman Gudes. Any further discussion? I have a preference of Gray Robinson. Thats my personal preference. Any further discussion? Roll call vote.

Luis Viera 5:17:14PM

Yes.

Orlando Gudes 5:17:19PM

Yes.

Bill Carlson 5:17:20PM

Yes.

Lynn Hurtak 5:17:21PM

Yes.

Charlie Miranda 5:17:23PM

Yes.

Guido Maniscalco 5:17:24PM

Yes.

Joseph Citro 5:17:26PM

I have stated my preference but I will go along with this to make it unanimous.

The Clerk 5:17:31PM

Motion carried unanimously.

Joseph Citro 5:17:32PM

Thank you very much. Information reports. Councilman -- I have.

Andrea Zelman 5:17:39PM

I didnt realize until I got upstairs that the motion that was submitted on item number 13 had a date by which you wanted that back, and I believe it was December 1st, which would require it to be uploaded into Sire by November 17th, which would give me less than two weeks to draft it. And I need to run it by Risk Management, and also I would like to let some of the Litigation Attorneys in my office provide input. So I am here to ask for more time.

Bill Carlson 5:18:11PM

December 15th.

Joseph Citro 5:18:15PM

December 15th will give you enough time?

Andrea Zelman 5:18:18PM

Could probably meet that, yes.

Joseph Citro 5:18:21PM

That was a yes?

Andrea Zelman 5:18:22PM

That was a yes. On December 1st. Yes, so never mind. Thank you.

Joseph Citro 5:18:32PM

Information and report. Councilman Miranda.

Charlie Miranda 5:18:35PM

None Sir.

Joseph Citro 5:18:39PM

Im sorry? Are you sure?

Lynn Hurtak 5:18:41PM

Yes.

Orlando Gudes 5:18:43PM

Mr. Chairman, I dont like to leave things unfinished business. As you know, we have some issues along the way this year, and did not want to change our constitution or rules but we can do things by ordinance. So I am going to ask for indulgence on this motion, or this ordinance. Motion the Legal Department to draft ordinance for discussion for first reading and adoption regarding section appointment, the Mayor within 90 days of taking office vacancy shall exist shall nominate and submit to City Council for appointment by no fewer than four votes of the entire council. The administrator administrative authority responsible equal to or greater that other department head. The City Council within 15 days of the submission shall approve or disapprove such appointment. And the failure of the City Council to act upon any such nomination within said time shall be appointed thereof. In the event of disapproval by City Council of any said appointment, the Mayor within 90 days thereafter shall submit to City Council the name of another nominee. The Mayor May select an interim appointment until appointment of the nominee by City Council which shall be for a period of 90 days, and which May be extended. In addition, 90 days, and shall be filled only by a person an existing employee of the city. The removal of such officers shall be exclusively in the Mayor with the exception of the City Clerk as provided in section 3.01 Herein.

Guido Maniscalco 5:20:20PM

I would like to discuss fountain I May.

Joseph Citro 5:20:29PM

Seconded by Councilman Maniscalco. Any discussion?

Guido Maniscalco 5:20:31PM

Thank you, sir. So in looking at this, you know, the President Of The Utah makes a nominee for Supreme Court justice. That Supreme Court nominee is vetted through various bodies of government. In history, they usually get approved. Not in every case. But it goes through a vetting process. Here in the City Of Tampa, we dont have that system until its being proposed now. But looking at this with no fewer than four votes, you need four votes to pass the budget. You need four votes to get a rezoning passed. Alcoholic beverage. Four votes. The majority of the seven. I dont see this as weakening the strong Mayor form of government because at the end it says the power of removal of such officers shall be vested exclusively in the Mayor. So once that person is approved, right? We cant as a City Council with four votes fire that person. The Mayor as a strong Mayor has the opportunity and exclusive unit to fire that individual. So we May not like their performance but we cant do anything about it because its a strong Mayor form of government. I think its fair, it should not be controversial. I understand we discussed this on Tuesday. But I really dont see anything wrong with it. We are not weakening anybody. We are not empowering anybody. Again, the budget was the biggest item at almost $2 billion, comes to this City Council for approval. And I dont think this is an unfair issue. So I stand by my second and will be supporting it.

Orlando Gudes 5:22:26PM

Have you got something to say?

Joseph Citro 5:22:30PM

Im sorry, Mr. Shelby, you are recognized.

Martin Shelby 5:22:34PM

Martin Shelby, City Council attorney. Mr. Gudes, what you set forth is actually language from 6.03, Appointment of the city charter, and your motion, I believe, because this language would actually be necessarily changing that appointment. I want to make sure what your motion was relative to the charter in the form of an ordinance because if it were an ordinance it May be problematic if it conflicts with a section specifically of section 6.503. So what is your or councils pleasure with regard to this proposal?

Joseph Citro 5:23:14PM

Are you asking Councilman Gudes that?

Orlando Gudes 5:23:21PM

I proposed the same thing on Tuesday, and I was told it would be better to do it by ordinance so I am bringing it by ordinance so if it needs to be by Charter, I think it needs to be imposed. Its a necessity to have this done.

Joseph Citro 5:23:35PM

Councilwoman Hurtak.

Lynn Hurtak 5:23:38PM

In your opinion, could we add this underlined section about interim appointments by ordinance?

Martin Shelby 5:23:52PM

You many to be define what an interim appointment is under --

Lynn Hurtak 5:24:00PM

Yes, this underlying period -- im sorry, this underlying, is that something we could add by ordinance?

Martin Shelby 5:24:10PM

Well, that is a very good question. My understanding is that the concept of interim appointments is not defined in the Code, and whether that would be related to be able to be put into an ordinance is a very good question. I like the word nominate versus appointment.

Lynn Hurtak 5:24:28PM

I am just saying by ordinance, its my suggestion, but I am happy to support you in a charter change as well.

Martin Shelby 5:24:35PM

But if you have the last sentence, you still have the word, as Mr. Gudes would say, you still have the word "appoint" in the first sentence as opposed to changing it to "nominate." And I dont know if thats a motion to amend that could be entertained. I just want to be clear on what if motion is because it appears that what this is is a section of the charter that you are looking to change through an ordinance. Is that what your intention is?

Orlando Gudes 5:25:04PM

Well, my understanding listening to the comments today, We have to change it by ordinance dthat Not happen? Did that not happen today?

Bill Carlson 5:25:15PM

I think the confusion is that in what You have shown -- You made a comment and we did not hear it on the microphone.

Andrea Zelman 5:25:28PM

Im sorry. You had a discussion about settlement wasnt changing any language in the charter, thats also in the charter. What You are proposing here is by ordinance, changing language thats in the charter, or language thats inconsistent with whats in the charter. Its two different things.

Orlando Gudes 5:25:51PM

Ms. Zelman, if thats the case, if I can get support for a charter change. But I think this is necessary.

Bill Carlson 5:25:57PM

Can I?

Andrea Zelman 5:25:59PM

Can I ask for clarification? Im having trouble understanding what the interim appointment language accomplishes.

Charlie Miranda 5:26:06PM

Thats what I just wrote down here.

Orlando Gudes 5:26:08PM

Because the problem we have is, what we saw is the interim language would be that the Interim Person can only be an employee within the City, versus you put a switcheroo, and outside as an interim right now until we make an appointment, May not. I dont know anybody doing City business outside. That person, if we are going to have a person, should be inside the house already, that knows the business, until that person can apply, or an Outside Person can apply for the job to go for a nomination for appointment by this body but I wouldnt want an Outside Person telling the City. I just have a problem with that.

Joseph Citro 5:27:00PM

Councilman Carlson.

Bill Carlson 5:27:02PM

A couple things. I will use my word, not try to put his words in his mouth. But an example, when Ms. Zelman, an example, when the Police Chief was nominated, Administration used the word Police Chief without using interim, and I felt disrespected because City Council had not approved it, not because of the person but because the Administration used the term Police Chief without qualifying it in any way. Like we talked about President. Anything like that it would be interim or nominated or something like that. It wouldnt have the presumption that the person already has a position until approved. You wouldnt say somebody is a Supreme Court justice until the Senate approves that. You would say nominee. And so the presumption, and it was more like a marketing political tactic, I think, was disrespectful to City Council but also was disrespect it will to the community. The community was very upset about that. So I think this makes it clear. Councilman Member Gudes, I think the confusion is that what you have shown US here is an edit to the charter, and that would require charter amendment. If you want to propose an ordinance, what I did today is I we wrote it in a different way so it would be an ordinance. So if you want an ordinance maybe take out the sentence and ask staff to come back to draft an ordinance based on that sentence. You wouldnt be able to edit the word appointment instead of nomination or anything like that without a charter amendment. So you have to decide now whether you have the votes for a charter amendment versus an ordinance. I prefer charter amendment. The last thing is, I tried to say the other day, at this last sentence, if we are going to do a charter amendment, I know theres probably not support here, but theres a huge problem that the City Attorney can also -- unlike the other department heads, the City Attorney, by Florida Bar and by definition of the charter, also reports to US, and without going into any details, every single day I run into some kind of issue with that. It looks like the City Attorney's office is representing one of their clients against another, and we are going to have to probably at some point, unless we define it in the charter, we are going to have to get a Judge to decide who exactly is the client. Its very clear in the charter that its not just the city that is the client. It lists and details who the clients are and even says the City Attorney has to represent US individually but the city attorneys that we have had in the last few years have interpreted it as that the city is their client but then they act more like the Mayor is their client fwe Had the right to fire the City Attorney, I think that would change that.

Joseph Citro 5:29:47PM

Councilman Miranda.

Charlie Miranda 5:29:52PM

I can agree when you say that 6.03, Other than under the charter, we have a legislative, which is the Council Members, and administrator, which is the Mayor, whoever the Mayor May be, whoever the Council Members are. But the last part, and shall be filled only by a person who is an Existing City Employee -- employee of the city. Same thing. Thats restricting whoever that Mayor is, I am not talking about now, down the lane, 10, 5 years, four years from now, five years from now. That happens, or it could happen tomorrow, I guess. That means that the pool has to come only from an Existing City Employee. Thats what it says here.

Joseph Citro 5:30:35PM

Councilwoman Hurtak.

Lynn Hurtak 5:30:38PM

No, it says that the interim appointment shall only be filled by a person who is an existing. So interim means just for the time being. So what it would prevent is for the Mayor to choose someone from a different part of the country, say Frisk, and put them in as an interim and have them work as an interim for six months.

Charlie Miranda 5:30:59PM

I understand that part.

Lynn Hurtak 5:31:01PM

So could you have an interim just like, say, Butch Delgado was an interim, but though ended up choosing a different candidate, but he could have stayed, the interim the entire time, instead of being switched for the Current Police Chief before she was voted on by this body. Am I getting that correct?

Andrea Zelman 5:31:29PM

And I apologize. This is getting off track but I wanted to respond because Mr. Carlson said this and I want to be clear, again. I represent the City Of Tampa as an entity. I dont represent any of you individually. I dont represent the mayor individually. I dont represent John Bennett or Kelly Austin or Gene Mayor individually. I represent the City Of Tampa as an entity.

Bill Carlson 5:31:54PM

Mr. Chair, I have to respond to that. Im sorry. Thats just completely false.

Andrea Zelman 5:31:59PM

No, it is not.

Bill Carlson 5:32:01PM

It says in 5.01-a, And I am just going to cut out here, it says the Legal Adviser to the Mayor of the City Council and committees thereof and all the several departments, officers beings board, the Government, and then also -- I lost it but it talks about US individually as well. We need to get a Judge to decide this, because I dont want -- this is not for this argument and this motion, but this is ridiculous that we are getting an inaccurate opinion here.

Orlando Gudes 5:32:36PM

[Off microphone] I think this is a separate discussion and as an entity, because as I read it, they dont appear -- shes a separate entity. It appears she represents the Mayor, this Council, and again, thats maybe a different day to look at interpretation, Mr. Shelby, something you can research and get advice on that. But right now I want to speak to this situation right here so we can get this resolved.

Andrea Zelman 5:33:11PM

May I make one other comment about 6.03 Change? I notice that in this, you have deleted the language about resubmitting to the City Council, the name of the appointee. When I was reviewing the minutes, or not the minutes, the recording of the Charter Review Commission, we actually talked about that at length, and one of the things we talked about on the Charter Review Commission was that sometimes the Mayor makes an amendment to the council, they May vote that person down, then the Mayor May want to meet with the individual council members and tell them a little bit more about the person, or the council May want to take the time to learn a little bit more about the person, and then the Mayor would have the opportunity to resubmit the name. And that was actually added during our last Charter Review Commission in 2018, and discussed at length. So I just want to make the point that that was recently added, and now you are taking it out.

Martin Shelby 5:34:12PM

That is accurate if you look at what was provided by Ms. Segala, that was one of the changes in the ordinance to add that resubmit. So that would be a reversion back that was done by the Voters the last time in 2019.

Orlando Gudes 5:34:30PM

Where is that in the charter? Was that in the charter? I dont see that. Youre right. Okay.

Joseph Citro 5:34:39PM

Councilwoman Hurtak.

Lynn Hurtak 5:34:40PM

Im going to stick with leaving or resubmit. I support the motion the way it stands right now.

Martin Shelby 5:34:51PM

Council, the question I guess was You wanted to do it in the form of an ordinance, because the charter change. This is really --

Orlando Gudes 5:35:05PM

Mr. Shelby, if you are telling me that we are going to have an issue, then I will just take an up-or-down vote of the charter being changed. I mean, its one or the other. So you tell me as my legal counsel what I can do to move on, sir.

Martin Shelby 5:35:21PM

Then let me express a concern that this is off agenda, its under new business and its really bringing back something that had the opportunity to be discussed on Tuesday. And the question is whether Council acted, so its almost as if you are doing it as a charter change, you are actually asking them to consider something that certainly would come back. I dont even know the americas of it. It would have to be provided to the Attorneys.

Bill Carlson 5:35:50PM

Send it to the other charter members.

Joseph Citro 5:35:53PM

One at a time, please. Mr. Shelby, are you finished? Give US a yes or no answer, please.

Martin Shelby 5:35:59PM

Its problematic to say that you are going to bring this back on December 1st as a charter change after you had that meeting on Tuesday. If you want to do it as an ordinance, and County be done as an ordinance, and I dont know what the City Attorney's position is, then thats a worthy discussion to have, but if Council wants to move this as a charter change, it May be an issue that it came up under new business. I just want --

Lynn Hurtak 5:36:33PM

I thought We had decided that the charter was changeable at any time. So I dont say that just because We didnt deal with it on Tuesday doesnt he mean We cant deal with it in the future. We just chose a Lawyer so I think We have enough time to add one more thing. I am not concerned with that at all. I think We just need a vote. Do you want to do a charter or not?

Orlando Gudes 5:36:56PM

Obviously you have doubts about the word. If thats the case, you know, well take an up-or-down vote if thats the case. We May vote it down. Then We come back and you tell me Howl to do it and We move from there, about Mr. Shelby. But something has to be done with this section. We have a problem with this section.

Luis Viera 5:37:14PM

I am actually going to a Tampa Hispanic Bar Association at 6:00. Im very sorry.

Orlando Gudes 5:37:24PM

You vote yes or no.

Luis Viera 5:37:31PM

If You want to bring it to a vote, I will be glad to.

Joseph Citro 5:37:36PM

If we can end this discussion. Who seconded the motion by Mr. Councilman Gudes? We just did this two days ago. Theres no need to be doing this again. Roll call vote.

Charlie Miranda 5:37:53PM

Yes.

Lynn Hurtak 5:38:01PM

Yes.

Bill Carlson 5:38:02PM

Yes.

Orlando Gudes 5:38:03PM

Yes.

Luis Viera 5:38:05PM

I want to make sure. I am so sorry, its been a long day, lunch or dinner. We are voting on a charter amendment? Okay, then, no, no.

Guido Maniscalco 5:38:18PM

Maniscalco, yes.

Joseph Citro 5:38:22PM

Here is the irony. You are sending this -- I have heard today the distrust for The City Attorney but you are sending this to The City Attorney to write it up. No.

The Clerk 5:38:37PM

Motion carried with Viera and Citro voting no.

Joseph Citro 5:38:42PM

That blows my mind.

Orlando Gudes 5:38:45PM

No, sir, it dont blow my mind. We talk about trust and verify. If shes got her job, her job is to -- [sounding gavel]

Orlando Gudes 5:38:57PM

Shes the city attorney, and She said --

Orlando Gudes 5:39:02PM

That pisses me off, Mr. Citro. You always out of line. You treat this Council like were garbage. [Off microphone]

Joseph Citro 5:39:21PM

Is that all, Councilman Gudes?

Orlando Gudes 5:39:23PM

Thats all, sir.

Joseph Citro 5:39:24PM

Thank you. Councilwoman Hurtak.

Lynn Hurtak 5:39:26PM

Okay. [Off microphone] I want to make a motion to bring an ordinance amending the citys charter to regulate the use of revenue for investigation or support for the prosecution of abortion and abortion related care. Very quickly, turn to the second page. Basically, I want to add a section 12-point -- im sorry, 7.12, Regarding the use of revenues to the investigation or support for the prosecution of abortion and abortion-related care. I want to bring this back on December 1st. I think we have time to talk about it. But the ordinance is already written. So you have time to read it. You have a month to look at it, to talk about it, to talk to other people about it. It is written. And I am just requesting respectfully you all wanted me to do an ordinance. I think this is stronger. And the lawyers that I have talked to said this fits with what is allowable. And I am trying to do anything I can to support women and those who are health care workers that work with women, and I respectfully request your approval just to make a motion to bring this back December 1st.

Charlie Miranda 5:40:43PM

Run it by Our City Attorney?

Lynn Hurtak 5:40:46PM

No, this is vetted by Attorneys Of Mine.

Charlie Miranda 5:40:50PM

I have my own Attorneys so I dont want to vote until I look at it.

Lynn Hurtak 5:40:55PM

I am asking a motion to bring it forward on December 1st giving You a full month to have Your Attorneys look at it. First reading consideration.

Andrea Zelman 5:41:08PM

I just want to say for the record, the drafters of this -- this is Andrea Zelman, City Attorney. The drafters of this put my name on it but I did not draft it and I do not recommend its approval. Unfortunately, this area has been preempted to the state, both the regulation of abortion and the regulation of health care. And I cannot recommend that Council go forward with this.

Joseph Citro 5:41:40PM

Councilwoman Hurtak.

Lynn Hurtak 5:41:42PM

This is note the regulation of Health Care. This is under revenue section for use of revenues to the investigation or support or prosecution of abortion and abortion-related care. So it is a semantic difference on whether or not its Health Care or finance, which is im giving you a month to look at over.

Luis Viera 5:42:01PM

May I?

Joseph Citro 5:42:06PM

Councilman Viera.

Luis Viera 5:42:07PM

Thank you. May I suggest, because again I dont want to leave in the middle of a vote like this. May I suggest that we bring it back for a report on feasibility --

Lynn Hurtak 5:42:16PM

No.

Luis Viera 5:42:17PM

(No audible response)

Lynn Hurtak 5:42:20PM

No, I want an up-or-down vote on it.

Luis Viera 5:42:23PM

I do, too, but bringing it back so staff can take a look at it, analyze it. And thats fine. You say -- seconded by? We have a motion. Motion made by Councilwoman Hurtak. Seconded by Councilman Gudes. Roll call vote.

Joseph Citro 5:42:47PM

I saw a draft of this.

Joseph Citro 5:42:51PM

Councilman Carlson.

Bill Carlson 5:42:52PM

I saw a draft of this a few days ago and just now I am seeing this draft. I would vote for having it come back in a few days which would still give US enough time by December 1st but I dont want to vote for something that hasnt even been looked at. If its short then its fine but something this long, I dont know whats in it.

Joseph Citro 5:43:10PM

Roll call vote, please.

Guido Maniscalco 5:43:12PM

No.

Luis Viera 5:43:16PM

No.

Orlando Gudes 5:43:18PM

Yes.

Lynn Hurtak 5:43:21PM

Yes.

Charlie Miranda 5:43:23PM

No.

Joseph Citro 5:43:25PM

No.

The Clerk 5:43:26PM

Motion failed with Miranda, Carlson, Viera, Maniscalco and Citro voting no.

Lynn Hurtak 5:43:32PM

Okay, I have another one. I make a motion to set a special discussion meeting on either November 8th or November 10th at 8 am. In the sister cities room to discuss the progression of meetings, including order of business, staff reports, versus memos, and public comment.

Guido Maniscalco 5:43:48PM

November 10th.

Lynn Hurtak 5:43:55PM

8 am. I said it in my -- you know what? I am at the point that I will be here at 6:00.

Joseph Citro 5:44:01PM

Fantastic. Can we also have rules of procedures involved with that, too?

Lynn Hurtak 5:44:06PM

Sure. Absolutely.

Martin Shelby 5:44:08PM

And I will be providing --

Guido Maniscalco 5:44:13PM

Motion from Councilwoman Hurtak, enthusiastic second by councilman chairman Citro. All in favor? This is November 10th, 8 am.

Martin Shelby 5:44:24PM

Excuse me, would that be a special discussion meeting for -- is that on your motion? What did you say?

Lynn Hurtak 5:44:37PM

Yes.

Guido Maniscalco 5:44:38PM

Roll call vote.

The Clerk 5:44:40PM

Viera? Gudes? To have a special discussion meeting.

Martin Shelby 5:44:51PM

If I can just before you vote, that is an hour prior to the CRA next Thursday. Is that correct?

Lynn Hurtak 5:44:59PM

Yes.

Martin Shelby 5:45:01PM

It has to be noticed and I will get that going and make sure that Council has copies of the rules of procedure.

Bill Carlson 5:45:06PM

Yes.

Lynn Hurtak 5:45:09PM

Yes.

Charlie Miranda 5:45:11PM

Yes.

Guido Maniscalco 5:45:14PM

Yes.

Joseph Citro 5:45:15PM

Yes. Vote.

Charlie Miranda 5:45:19PM

Anything else before receive and file?

Joseph Citro 5:45:26PM

Councilman Maniscalco.

Guido Maniscalco 5:45:27PM

Nothing, Sir, thank you.

Joseph Citro 5:45:28PM

Councilman Carlson.

Bill Carlson 5:45:30PM

If I could real fast. Sorry. One of the things we talked about, one of the things we talked about the other day was naming convention and it whats recommended to bring it back as an ford ordinance. I would like to ask the City Attorney to be return on December 15 with a draft ordinance that will codify the naming procedures recommended by the mayors naming committee and to establish a process whereby the Mayor and City Council will both approve any proposed naming of a city building, place or road. Im sorry, here are copies of it.

Joseph Citro 5:46:04PM

Motion made by Councilman Carlson, seconded by Councilwoman Hurtak.

Guido Maniscalco 5:46:09PM

If I May ask a question.

Joseph Citro 5:46:14PM

Any discussion?

Guido Maniscalco 5:46:15PM

Yes, sir. There is a naming -- there is a Naming Committee, is that correct? Or none? Is the.

Bill Carlson 5:46:27PM

It was a whole process that the Mayor set up a Naming Committee that advised on the name process, and the point here is that there was an executive order and the Mayor put forward. We did not codify that. And I dont want to codify I that executive order because it has a bad whereas clause in it, but the process the Mayor recommended and put that into an ordinance, and we would codify that. But then we would add that a name must be approved by City Council and the Mayor. We cannot name something without the Mayor, and the Mayor cant name something without US.

Morris Massey 5:46:59PM

If I could interrupt. I think you already have a motion pending for December 15th that reads almost exactly that way, Councilman Carlson.

Bill Carlson 5:47:09PM

Yes, because of discussion the other day I wanted to go ahead and put it into --

Morris Massey 5:47:14PM

I think its already on the calendar, I believe.

Martin Shelby 5:47:17PM

The 15th?

Morris Massey 5:47:20PM

I think its scheduled to come back on the 15th of December.

Bill Carlson 5:47:23PM

We had a long discussion the other day, so give US a draft ordinance.

The Clerk 5:47:31PM

The motion you have for December 15th for Legal Staff to draft an ordinance that will codify the mayors recommended process for naming buildings, roads, structures, and other city properties, and to establish an approval process that will require approval by the Mayor.

Morris Massey 5:47:48PM

So its already there.

Bill Carlson 5:47:49PM

Thats it.

Bill Carlson 5:47:51PM

So thats the motion.

Bill Carlson 5:47:58PM

Okay. Okay. Bad memory I guess from Covid or something. The other thing I want to say is this morning I started to make a motion regarding an incident this morning. Since then over lunch I talked to the two parties. I talked to both side of the issue. And both would like to move forward without me making a motion. So I will not make a motion on the subject.

Guido Maniscalco 5:48:30PM

Move to receive and file.

Martin Shelby 5:48:33PM

If I can. If I can. Just so you are clear. The subject matter that is on section 2.14 About an investigation. Is that relevant to that subject? I just wanted to be clear of the motion.

Bill Carlson 5:48:48PM

I am not making a motion.

Martin Shelby 5:48:51PM

Oh, You are withdrawing? I got it.

Bill Carlson 5:48:53PM

I withdraw my motion earlier. And I am saying now that I am not going to make a motion.

Martin Shelby 5:49:00PM

Understood. Im sorry.

Guido Maniscalco 5:49:01PM

Councilman Citro, you have a motion?

Joseph Citro 5:49:07PM

Yes. Please and thank you. I move to present a commendation to the Rotary Club Of Tampa for their 2022 flags for hillsborough program that will take place on November 11th, 2022 at Hillsborough County set veterans park, that consists of more than 200 flags, from memorial park Tampa from November 10th to November 12th, 2022, as strength of the community now and in the future, the flags will bear a medallion with the name of their honorary, service information, sponsors name and will be tended and properly illuminated for the public to visit.

Guido Maniscalco 5:49:47PM

Motion by Chairman Citro, second by Miranda. All in favor? Motion to receive and file?

Joseph Citro 5:49:56PM

Motion to receive and file by Maniscalco, seconded by Miranda. All in favor? We are adjourned. [Meeting adjourned] disclaimer: this file represents an unedited version of realtime captioning which should neither be relied upon for complete accuracy nor used as a verbatim transcript. Any person who needs a verbatim transcript of the proceedings May need to hire a court reporter. © - City Of Tampa (813) 274-8211