>>GUIDO MANISCALCO: WELCOME BACK TO TAMPA CITY COUNCIL. ROLL CALL, PLEASE. >>BILL CARLSON: HERE. >>LYNN HURTAK: HERE CLENDENIN. >>LUIS VIERA: HERE. >>CHARLIE MIRANDA: HERE. >>GUIDO MANISCALCO: HERE. >>CLERK: YOU HAVE A PHYSICAL QUORUM. >>GUIDO MANISCALCO: WAIT A MINUTE. WHAT ARE YOU GOING TO TALK ABOUT? >>LUIS VIERA: THE -- >>GUIDO MANISCALCO: WAIT. OKAY, GO AHEAD. >>LUIS VIERA: THANK YOU, SIR. YES, SIR, OUR REALLY HARD-WORKING ATTORNEY -- AND THANK YOU FOR THIS, MR. SHELBY, WE DISCUSSED ON COUNCIL SOME SORT OF A BUILT-IN WAIVER SO WE CAN GET THIS DONE TODAY. AND MR. SHELBY DRAFTED A RESOLUTION THAT WILL ALLOW FOR THAT. AND I -- AND I WOULD BE GLAD BY THE WAY TO WITHDRAW 64 IN EX-CHANGE IN -- 100%. >> SECOND. >>LUIS VIERA: THANK YOU. >>GUIDO MANISCALCO: A MOTION TO REDRAW 64. >>MARTIN SHELBY: A SUBSTITUTE. >>GUIDO MANISCALCO: ACCEPT A SUBSTITUTE. WE HAVE A MOTION TO ACCEPT THE SUBSTITUTE FROM COUNCILMAN VIERA. WITH A SECOND FROM COUNCILMAN CARLSON. ALL IN FAVOR, SAY AYE. ANY OPPOSED. >>LYNN HURTAK: NAY. >>LUIS VIERA: AND THEN IF I MAY, IF -- >>CLERK: MOTION CARRIED WITH HURTAK VOTING NO AND HENDERSON BEING ABSENT. >>LUIS VIERA: THANK YOU, MR. CHAIRMAN. I MOVE ITEM NUMBER 4, WHICH IS TO APPOINT JOE GRECO TO THE CITIZENS BUDGET ADVISORY BOARD. >>ALAN CLENDENIN: POINT OF ORDER. WE HAVE TO ADOPT THIS FIRST. >>LUIS VIERA: SO SORRY. I THOUGHT WE DID. >>MARTIN SHELBY: YOU ACCEPTED THE SUBSTITUTE. >>LUIS VIERA: MY APOLOGIES COUNCIL. I MOVE RESOLUTION -- THIS -- >>MARTIN SHELBY: NUMBER 64. >>LUIS VIERA: I APOLOGIZE. >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN VIERA. SECOND FROM COUNCILMAN CARLSON. ALL IN FAVOR, SAY AYE. OPPOSED. >>LYNN HURTAK: NAY. >>CLERK: MOTION CARRIED WITH HURTAK VOTING NO AND HENDERSON BEING BE A CENTER. >>LUIS VIERA: I APOLOGIZE. I MOVE, IF I MAY, ITEM 4. >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN VIERA. SECOND FROM COUNCILMAN MIRANDA. >>LYNN HURTAK: NAY. >>CLERK: MOTION CARRIED WITH HURTAK VOTE NOTHING AND HENDERSON. >>GUIDO MANISCALCO: CAPTAIN GRECO, DO YOU WANT TO SPEAK FOR 30 SECONDS. PLEASE STATE YOUR NAME. >> I WANT TO Y'ALL FOR AT LEAST GOING THROUGH ALL THAT FOR ME TO BE APPOINTED TO THE CITIZENS ADVISORY. I REALLY APPRECIATE THAT EFFORT. MARTIN SHELBY, I APPRECIATE YOU FASHIONING THAT RESOLUTION. FOR APPOINTMENT FOR THE PEOPLE THAT DON'T KNOW ME, MY NAME IS JOE GRECO. A LIFE-LONG CITIZEN OF THE CITY OF TAMPA. BORN AND RAISED HERE. MY MOTHER WAS ONE OF THE FIRST FEMALE OFFICERS. I SERVED 27 YEARS FOR THE TAMPA FIRE DEPARTMENT. THROUGHOUT THE YEARS I OWNED MANY POSITIONS WITH OUTSIDE COMPANIES, COOs, CEOs. CURRENTLY I OPERATE FOUR WAREHOUSES ACROSS THE COUNTRY AND RUN A BUDGET FOR ICON GOLF CARTS WHICH IS THE THIRD LARGEST PRODUCER OF GOLF CARTS IN THE COUNTRY. SO I DO HAVE SOME EXPERIENCE IN THIS FIELD AND I APPRECIATE THE OPPORTUNITY GIVING ME TO SERVE. AFTER RETIRING THREE YEARS AGO, I KIND OF LOST TOUCH WITH SERVING THE CITIZENS OF TAMPA. AND IT WILL BE NICE TO GET BACK INVOLVED WITH THAT. AND I REALLY APPRECIATE IT. SO THANK YOU. THANK YOU. >>BILL CARLSON: DID YOU GIVE UP THE BOAT? >> SIR? >>BILL CARLSON: YOU SAID YOU WOULD LIVE ON A BOAT. >> I LIVED IN A 70-FOOT BOAT. I SOLD IT BECAUSE IT WAS A GIANT PAIN IN MY BUTT. I DON'T LIVE IN PASCO. I LIVE IN HILLSBOROUGH COUNTY. I LIVED IN HYDE PARK IN NICHOLAS STOCCO'S HOUSE. MY HOME BURNED DOWN AND HE MOVED OUT SO I COULD MOVE INTO HIS HOUSE RIGHT HERE IN MELVILLE, 410 SOUTH MELVILLE. I RECENTLY BOUGHT A HOUSE OUTSIDE THE CITY. THANK YOU, Y'ALL. >>GUIDO MANISCALCO: THANKS, JOE. >> ANY QUESTIONS FOR ME? I AM SORRY. >>GUIDO MANISCALCO: GO AHEAD, SIR. >>LUIS VIERA: I HAVE NONE, JOE. THANK YOU. YESES. >> THANK YOU. >>LUIS VIERA: MAY I GO AHEAD FOR MR. SCAGLIONE AND DO A WAIVER AS WELL. WILL THAT BE. >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN VIERA. SECOND FROM COUNCILMAN CARLSON. MR. SHELBY. >>MARTIN SHELBY: FOR THE PURPOSES OF THE RECORD A WAIVER TO THE ELIGIBILITY REQUIREMENT FOR RESIDENCY TO THE CITIZENS ADVISORY COUNCIL BUDGET AND FINANCE COMMITTEE. THAT IS THE FULL MOTION, IF YOU CAN, SIR. >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN VIERA. YOUR SECOND STILL STANDS COUNCILMAN CARLSON. ALL IN FAVOR, SAY AYE. OPPOSED. >>LYNN HURTAK: NAY. >>CLERK: CLERK MOTION CARRIES WITH HURTAK VOTE NOTHING AND HENDERSON BE A DENT. >>GUIDO MANISCALCO: A MOTION TO OPEN THE 1:30 PUBLIC HEARINGS. MOTION BY COUNCILMAN MIRANDA AND SECOND BY COUNCILMAN CLENDENIN. MISS JOHNSON-VELEZ. >>SUSAN JOHNSON-VELEZ: SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT. ITEM 46, THE DEPARTMENT HAS RECEIVED A LET FROM JIM PORTER ITEM NUMBER OF 4, NOTICE ON INTENT TO SUSPEND ALCOHOL PERMIT. NEITHER MR. PORTER OR HIS CLIENT WERE AVAILABLE FOR TODAY'S HEARING. THEY HAVE REQUESTED A CONTINUANCE. I SPOKE TO MR. FOR THOR, AND BOTH HE AND HIS CLIENT ARE AVAILABLE ON SEPTEMBER 19 AT 1:0 FOR A CONTINUED PUBLIC HEARING ON THIS MATTER MR. PORTER HAS AGREED TO THAT DATE IF THE COUNCIL WISHES TO CONDITION. >>MARTIN SHELBY: JUST FOR THE RECORD, MR. PORTER SET OUT A LETTER FOR HIS REQUEST FOR CONTINUANCE AND ALSO CITED COUNCIL'S RULES THAT ALLOW THE -- THE FIRST CONTINUOUS IF A CERTAIN CRITERIA IS MET AS A MATTER OF RIGHT. AND MY REVIEW OF THAT LETTER SMELLS THAT HE DID MEET THAT CRITERIA. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. >>ALAN CLENDENIN: NOTION CONTINUE UNTIL SEPTEMBER 19. >>GUIDO MANISCALCO: A MOTION TO CONTINUE ITEM NUMBER 54 TO WHAT WITH AS THE DATE? >>ALAN CLENDENIN: SEPTEMBER 19. 601 E. KENNEDY, TAMPA, FLORIDA. 3602 MIRANDA SECOND. >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN CLENDENIN. SECOND FROM COUNCILMAN MIRANDA. ALL IN FAVOR, SAY AYE. OPPOSE? THANK YOU VERY MUCH. >>MARTIN SHELBY: A MATTER OF RIGHT. >>GUIDO MANISCALCO: ITEM NUMBER 51. . >>CAMARIA PETTIS-MACKLE: GOOD AFTERNOON, CAMARIA PETTIS-MACKLE FROM THE LEGAL DEPARTMENT. REVIEW HEARING FOR 3416 WEST HARBORVIEW AVENUE. THE PETITIONER IS DANIEL FEINMAN. AND HE IS -- THE PROPERTY OWNER FILED A REQUEST FOR THE CITY FOR AN EXTENDED FAMILY RESIDENCE. STAFF DENIED THE REQUEST FOR AN EXTENDED FAMILY RESIDENCE AT THAT LOCATION MAY 16, 2024. STAFF DENIED THE REQUEST ON THE BASIS THAT THE APPLICATION DID NOT MEET THE SPECIFIC REGULATIONS REGARDING EXTENDED FAMILY RESIDENCES THAT ARE LOCATED IN CODE SECTION 27-132 THAT DOESN'T MEET THE SETBACK REQUIREMENTS. I PROVIDED CITY COUNCIL COPIES OF CODE SECTION-27-61 WHICH IS THE STANDARD FOR REVIEW -- FOR REVIEW HEARING. IN THE STAFF REPORT, YOU WILL HAVE COPIES OF CODE SECTION 27-132, WHICH PROVIDE THE SPECIFIC FOR EX TENDED FAMILY RESIDENCE AND CODE ELECTION 27-29. AND CODE SECTION-130 THAT PROVIDES THE CONDITIONS AND SAFEGUARDS FOR EXTENDED FAMILY RESIDENCE I HAVE SAMPLE MOTIONS AND WHAT THE CITY COUNCIL TO USE TO CONDUCT THE HEARING. AS STATED IN 27-61 SUBJECTIONJ-3, THIS HEARING BEFORE CITY COUNCIL IS A DE NOVO HEARING, WHICH MEANS CITY COUNCIL SHALL NOT BE LIMITED IN ITS REVIEW TO THAT INFORMATION, DOCUMENTATION OR EVIDENCE UPON WHICH THE SPECIAL USE PERMIT WAS BASED. CITY COUNCIL CAN OREGON RECEIVE NEW EVIDENCE. STAFF WILL HAVE AN OVERVIEW OF THE EVIDENCE AND INFORMATION RELATED TO THIS APPLICATION AFTER HEARING ALL THE EVIDENCE, CITY COUNCIL CAN TAKE TWO ACTIONS. AFFIRM THE DECISION OF THE ZONING ADMINISTRATOR TO DENIED THE REQUEST FROM THE PROPERTY OWNER. OR CITY COUNCIL CAN OVERTURN THE DECISION OF ZONING ADMINISTRATOR AND, THEREFORE, GRANT THE REQUEST OF THE APPLICANT. WITH THAT I WILL TURN IT OVER TO LAURA MARLEY WHO WILL GIVE WHAT THE INTRODUCTION OF THE APPLICATION AND THE STAFF REPORT. >>GUIDO MANISCALCO: WE NEED TO SWEAR EVERYBODY IN. IF YOU ARE GOING TO SPEAK ON ANY OF THE ITEMS, 51, 52, 53, OR 55, PLEASE STAND AND WE WILL SWEAR YOU IN. [SWEARING IN] >>LAURA MARLEY: GOOD AFTERNOON, LAURA MARLEY, ZONING COORDINATOR. CAN I PLEASE SHARE MY SCREEN. LARCENY LAURA GOOD AFTERNOON, COUNCIL. THIS IS LAURA MARLEY. CAN I PLEASE SHARE MY SCREEN. >>GUIDO MANISCALCO: IS IT US OR HER? >>LAURA MARLEY: I DO NOT HAVE A REQUEST TO SHARE MY SCREEN YET. >>GUIDO MANISCALCO: OKAY, WELL -- >>LAURA MARLEY: OKAY. >>GUIDO MANISCALCO: OKAY. YOU SHOULD HAVE RECEIVED IT NOW. >>LAURA MARLEY: YES. >>GUIDO MANISCALCO: ALL RIGHT. THERE WE GO. >>LAURA MARLEY: OKAY. THIS IS A PETITION FOR REVIEW FOR SU 124-25 FOR 3416 WEST HARBORVIEW AVENUE. THE PETITIONER IS DANIEL FEINMAN. THE PROPERTY OWNER IS DANIEL FEINMAN. THE PROPERTY ADDRESS 3416 WEST HARBORVIEW AREA. THE ZONING IS RS-60. THE SPECIAL USE REQUEST FOR AN EXTENDED FAMILY RESIDENCE. >>GUIDO MANISCALCO: BRING IT UP ON THE BIG SCREEN UP TOP. THERE WE GO. SORRY. GO AHEAD. >>LAURA MARLEY: THAT'S OKAY. THE AERIAL OF THE PROPERTY AND THE SITE PLAN OF THE PROPERTY. THE APPLICATION WAS DENIED BECAUSE OF THE REAR. THE REAR SETBACK IS REQUIRED TO BE THREE FEET. AND IT IS 2.9 FEET. THE APPLICANT IS MEETING ALL OF THE OTHER REQUIREMENTS. THE ONLY REQUIREMENT IT DIDN'T MEET WAS THE REAR YARD NOT MEETING THE THREE FEET. AND THAT IS THE PRESENTATION. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. >>LAURA MARLEY: YOU ARE WELCOME. >>GUIDO MANISCALCO: NEXT UP, WE WILL HAVE THE APPLICANT. SIR? DO YOU HAVE A QUESTION? COUNCILWOMAN HURTAK HAS A QUESTION. >>LYNN HURTAK: I THINK THIS MIGHT BE FOR MISS PETTIS-MACKLE MAY ANSWER THIS. DIDN'T WE JUST CHANGE THIS RULE UNDER OUR JANUARY CYCLE? >>CAMARIA PETTIS-MACKLE: WITH REGARDS TO WHAT? >>LYNN HURTAK: BEING ABLE TO VEST CURRENT -- OR -- EXISTING STRUCTURES? >>CAMARIA PETTIS-MACKLE: IF I MAY JUST HAVE ONE MOMENT. >>ERIC COTTON: ERIC COTTON, DEVELOPMENT COORDINATION. IF I CAN RESPOND THAT QUESTION. >>LYNN HURTAK: OKAY, THANK YOU. >>ERIC COTTON: THE CHANGES WERE TO ACCESSORY DWELLING UNITS. IN THE NEXT CYCLE GOING FORWARD WHICH IS GOING TO BE THE JULY CYCLE, WE ARE GOING TO INCLUDE EXTENDED FAMILY RESIDENCE FOR THAT SAME RIGHT-OF-WAY. >>LYNN HURTAK: THANK YOU, APPRECIATE IT. >>ERIC COTTON: YOU ARE WELCOME. >> SURE. I HAVE AN EXHIBIT HERE. >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME HERE. >> DANIEL FEINMAN. HOW ARE YOU. IF I CAN TAKE TWO SECONDS OF CITY COUNCIL'S TIME. THE PAST TWO YEARS, I SERVED AS -- I HAD THE HONOR OF SERVING AS PRESIDENT AS THE BAYSHORE LITTLE LEAGUE ON DAVIS ISLAND. I DON'T HAVE AN OPPORTUNITY TO SPEAK WITH YOU GUYS EVER. BUT I WANT TO THANK YOU FOR ALL THE GREAT CITY EMPLOYEES THAT HELPED WITH THE FACILITY'S USAGE AGREEMENT. IT IS JUST -- IT HAS OPINION A WONDERFUL EXPERIENCE FOR ME AND THE CHILDREN. ANYWAY, THAT'S NOT WHY I'M HERE. MY NAME IS DAN FEINMAN. THE REASON WHY I'M HERE, I AM TRYING TO PUT FLUMMING AND RUNNING WATER IN A SMALL EXISTING STRUCTURE THAT ALREADY EXISTS ON THE BACK OF MY PROPERTY. I AM A PRACTICING ATTORNEY. I WORK LATE. I AM A SINGLE DAD. MY PARENTS TAKE CARE OF MY CHILDREN. THEY ARE SIMPLY GETTING TOO OLD TO DRIVE AT NIGHT. AND IF YOU LOOK AT THE EXHIBITS I SUBMITTED ABOUT A YEAR AND A HALF AGO, I STARTED THE PROCESS OF TURNING THE 500 PLUS OR MINUS SQUARE FEET STRUCTURE OR BUNGALOW ALREADY IN THE BACK OF THE PROPERTY INTO AN APPLICATION TO GET RUNNING WATER. AND SEWER BACK THERE. SPENT THOUSANDS OF DOLLARS ON DRAFTING, SURVEYING, ETC. AND IF YOU LOOK AT THE EXHIBIT I SUBMITTED, WE ARE AT A MAXIMUM ONE-INCH AND AT A MINIMUM A QUARTER INCH -- >>GUIDO MANISCALCO: CAN YOU ZOOM OUT A LITTLE BIT. WHAT DO YOU NEED? SORRY. >>GUIDO MANISCALCO: ZOOM OUT. >> YEAH, SURE. THANK YOU SO MUCH. SO THE -- IF YOU SEE IT, THE ONE-STORY EXTENDED FAMILY RESIDENCE IS IN THE BACK. IT IS ALREADY THERE. I HAVE A SMALL HOUSE THAT IS 1500 SQUARE FEET AND NOT ENOUGH SPACE FOR MY FOLKS BACK THERE. IF YOU LOOK -- IF YOU LOOK HERE, THIS IS HIGHLIGHTED RIGHT HERE. THE RED INDICATES THE AREA ENCROACHMENT. THAT IS THE ENCROACHMENT RIGHT THERE. IT EXISTS FOR EIGHT FEET. IT IS ABOUT AN INCH TO A QUARTER INCH ALONG THE SIDE OF THE STRUCTURE. OF COURSE, I SPOKE WITH THE SURVEYOR. HE SAID, IT'S PROBABLY THREE FEET. I MIGHT HAVE MADE HUMAN ERROR HERE. WHEN I CONTACTED THE CITY AND WENT IN TO SEE THEM. THEY SAID YOU HAVE TO START OVER AGAIN FROM THE BEGINNING WHICH TOOK A YEAR AND A HALF TO GET THE PROCESS DONE TO GET TO THIS POINT BEFORE -- TO BASICALLY START ALL OVER AGAIN FOR THAT INCH TO A QUARTER-INCH ENCROACHMENT. ON THOR. >> RIM WHEN THAT WAITING. MY PARENTS TRIED TO DRIVE HOME AT NIGHT. IN A MASSIVE FOUR MACHINE CAR PILE-UP ON THE VETERANS AFTER COMING HOME FROM WATCHING MY KIDS. SO, IN CLOSING, I DON'T WANT TO TAKE UP TOO MUCH OF YOUR TIME OVER AN INCH OR A QUARTER INCH. I BELIEVE THAT THE CITY SHOULD BE HERE TO HELP PEOPLE. GOVERNMENT SHOULD BE HERE TO HELP PEOPLE. AND ALLOWING ME TO DO THIS, YOU WILL BE MAKING THE CITY, A COMMUNITY THE SAFER PLACE. AND I APPRECIATE EVERYBODY'S TIME. THANK YOU SO MUCH. >>GUIDO MANISCALCO: ANY QUESTIONS FROM COUNCIL? THANK YOU VERY MUCH. WE NOW HAVE PUBLIC COMMENT. ANYONE HERE IN THE PUBLIC THAT WISHES TO SPEAK ON THIS ITEM? YES, MA'AM, PLEASE STATE YOUR NAME. >> GOOD AFTERNOON, STEPHANIE POYNOR. THIS IS THE PERFECT EXAMPLE OF THE POOP THAT CAME FROM ACROSS THE STREET OF CITY COUNCIL SHOULDN'T BE MAKING DECISIONS ABOUT STUFF. BECAUSE THE LAND USE DEPARTMENT CAN MAKE DECISIONS, BUT THEY DON'T HAVE ANY WIGGLE ROOM. THEY CANNOT USE COMMON SENSE. AND IN THIS PARTICULAR SITUATION, IT IS FUNNY BECAUSE MOST OF YOU KNOW EXACTLY WHERE THIS HOUSE IS, BECAUSE THE LAST OWNER ALL OF YOU KNOW. BUT I MEAN, THIS IS ONE OF THOSE COMMON SENSE SITUATIONS. THE GARAGE IS THERE. IT PROBABLY HAS BEEN THERE FOR 30, 40 YEARS. THE BOTTOM LINE IS THAT WE HAVE TO USE COMMON SENSE. AND THAT JUDGE DIDN'T USE COMMON SENSE WHEN SHE SAID, OH, YOU GUYS CAN'T MAKE DECISIONS. YOU KNOW WHAT, WE HAVE STAFF TO MAKE DECISIONS. THIS CASE IS ONE OF THOSE EXCEPTIONS WHERE WE HAVE TO -- WE HAVE TO MAKE A LOGICAL THOUGHT PROCESS AS HUMAN BEINGS. IT MAKES SENSE TO HAVE THIS GENTLEMAN TO WHAT HE NEEDS TO DO WITH THE PROPERTY. HE IS NOT ASKING FOR SOMETHING CRAZY. HE IS TALKING ABOUT AN INCH. HE IS NOT EVEN GOING TO TAKE A MILE. WE DEAL WITH PEOPLE WHO WANT TO TAKE A MILE ALL THE TIME. >>GUIDO MANISCALCO: ANYONE ELSE WHO WISHES TO SPEAK? THAT WOULD CONCLUDE PUBLIC COMMENT. WOULD YOU LIKE REBUTTAL, SIR? YOU HAVE FIVE MINUTES. PLEASE COME UP TO THE PODIUM OR LECTERN. >> I DON'T HAVE REBUTTAL. I DON'T KNOW WHO YOU ARE, BUT THANK YOU SO MUCH. >>GUIDO MANISCALCO: NO, NO. THE MICROPHONE NEEDS TO PICK UP YOUR VOICE. >> I DON'T KNOW WHO THAT WOMAN IS, BUT I AM IN AGREEMENT. THANK YOU. [LAUGHTER] THANK YOU, ALL. I APPRECIATE YOU. >>GUIDO MANISCALCO: COUNCILWOMAN HURTAK. YOU NEED TO TURN THE MIC ON. >>GUIDO MANISCALCO: MAY I GET A MOTION TO CLOSE THE PUBLIC HEARING. >>LUIS VIERA: SO MOVED. >>CHARLIE MIRANDA: SECOND. >>GUIDO MANISCALCO: COUNCILWOMAN HURTAK. >>LYNN HURTAK: I MOVE TO OVERTURN THE ZONING ADMINISTRATOR'S DENIAL OF SU 24-025 OF 3416 HARBOR VIEW AVENUE OF COMPETENT AND SPECIFIC EVIDENCE FOR THE REQUIREMENT OF CODE 27-132 AND GRANT THE REQUEST TO ALLOW AN EXTENDED FAMILY RESIDENCE TO BE IN A NONCONFORMING ACCESSORY STRUCTURE FOR THE FOLLOWING REASONS: -- YEAH, I MEAN -- SURE, I WILL GO WITH DIMINIMUS IMPACT. >>CHARLIE MIRANDA: SECOND. >>GUIDO MANISCALCO: A MOTION FROM COUNCILWOMAN HURTAK. SECOND FROM COUNCILMAN MIRANDA. ALL IN FAVOR, SAY AYE. ANY OPPOSED? >>ALAN CLENDENIN: I WANT TO SAY SOMETHING WITH MY VOTE. I AM VOTING IN FAVOR. NORMALLY I DO I DON'T LIKE TO OVERTURN THE SUBJECT MATTER ADMINISTRATORS. G - BUT THIS IS SUCH DIMINIMUS IMPACT AND I AGREE WITH THE PERSON THAT COMMENTED ON PUBLIC COMMENT THAT WE CAN INJECT COMMON SENSE AND WE HAVE THE LATITUDE TO DO THIS AND SOMETIMES STAFF HAS TO CONFORM WITH THE RULES. NORMALLY I WOULD NOT OVERTURN THEIR DECISIONS BUT THIS IS BETTER FOR THE PUBLIC GOOD. AND A GREAT HOUSE, BY THE WAY. I ACTUALLY TRIED TO CONVINCE MY KIDS TO BUY THAT HOUSE WHEN JOHN SOLD IT. SO THERE YOU GO. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. >>LUIS VIERA: I WAS GOING TO SAY GOOD LUCK WITH KIDS. I HAVE BEEN A SINGLE DAD BEFORE. THANK GOODNESS FOR ABUELO AND ABUELA. THANK YOU VERY MUCH. >>GUIDO MANISCALCO: NEED TO READ THE VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH HENDERSON BEING ABSENT. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR, CONGRATULATIONS. ITEM NUMBER 52. >>SUSAN JOHNSON-VELEZ: THANK YOU, MR. CHAIR. SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT. ITEM 52 IS REVIEW HEARING OF THE DECISION OF A VARIANCE REVIEW BOARD IN CASE NUMBER VRBB-24-15 ALREADY ADDRESSES ARE 2510 GUY NORTH VERGER BOULEVARD AND 1597 LEHAM STREET. THE APPLICANT IS THE PORT AUTHORITY AND REMOVAL OF TWO GRAND TREE TO TO CONSTRUCT A HEAVY INDUSTRIAL BUILDING. THE VRB SAID THAT THE REQUEST DOES NOT MEET THE REQUEST FOR A VARIANCE OF 27-80 THAT DESCRIBES THE VARIANCE POWER AND 27-284.2.5 WHICH IS THE CODE SECTION RELATED TO GRAND TREE REMOVAL. SPECIFICA THE VRB CAN BE REASONABLY RECONFIGURED FOR THE TWO TREES AND NO HARDSHIP TO JUSTIFY THE GRANTING IN THAT CASE. FLORIDA EYSTER WILL GO THROUGH IN A LITTLE BIT MORE DETAIL. HE BELIEVE MR. SHELBY PASSED OUT A PACKAGE FOR COUNCIL OF THE PROCEDURES AND RULES FOR THE HEARING. CODE SECTION 27-80, WHICH IS THE APPLICATION OF THE VARIANCE POWER. 27-61, THE PETITION FOR REVIEW CRITERIA OR STANDARDS. AND ALSO CODE SECTION 27-284.2.5 WHICH IS THE TREE REMOVAL. AND I WILL CALL YOUR ATTENTION PAGES 3 THROUGH 5 OF THAT CODE SECTION WHICH SPECIFICALLY CALLS OUT THE STANDARDS FOR GRAND TREE REMOVAL. I ALSO INCLUDED IN THE PACKET SAMPLE MOTIONS FOR COUNCIL. AND -- AS MISS PETTIS-MACKLE NOTED IN THE HEARING, THE STANDARD OF REFER VIEW A DE NOVO AND TAKE PUBLIC TESTIMONY AND HELP MEET THE VARIANCE CRITERIA WITH CODE SECTION 27-80 AND SECTION 27-284.2.5. SO I JUST WANT TO SAY A COUPLE OF THINGS ABOUT HOW THOSE TWO CODE SECTIONS WORK TOGETHER. SOFT BECAUSE I KNOW THERE HAS BEEN SOME CONFUSION IN THE PAST. CODE SECTION 27-80 REGARDING THE APPLICATION OF THE VARIANCE POWER SPEAKS TO THE FACT THAT THE VARIANCE REVIEW BOARD CANNOT TAKE ACTION UNLESS THERE IS A HARDSHIP THAT IS ESTABLISHED. 27-284.2.5 DESCRIBES KIND OF THE CRITERIA FOR GRAND TREE REMOVAL. IT INCLUDES IF A TREE WILL BE RENDERED HAZARDOUS AS A RESULT OF CONSTRUCTION ACTIVITY BASED ON STRUCTURES THAT ARE PROPOSED FOR THE PROPERTY. UTILITIES THAT ARE PROPOSED FOR THE PROPERTY AND WHETHER OR NOT THE PROPERTY CAN BE REASON ME RECONFIGURED OR NOT. SO IN THE CONTEXT OF THE HARDSHIP, IF A PROPERTY CAN BE REASONABLY RECONFIGURED, THEN IT COULD BE ARGUED THAT THERE IS NO HARDSHIP . IF THE PROPERTY CANNOT BE REASONABLY RECONFIGURED, THERE COULD BE A HARDSHIP. AGAIN, MR. EYSTER IS HERE TO PRESENT AN OVERVIEW OF THE APPLICATION AND THE VRB DECISION. AT THE CONCLUSION OF THE HEARING, COUNCIL'S POTENTIAL ACTIONS ARE A AFFIRM THE DECISION OF THE VRB AND DENY THE REQUEST FOR THE REMOVAL OF THE TWO GRAND TREES. COUNCIL CAN REMAND TO THE VRB FOR FURTHER FOODS WITH DIRECTION AND INDICATING THE BASIS FOR THE REMAND. AND THIRD AND FINALLY, COUNCIL COULD OVERTURN THE DECISION BY THE VRB AND, THEREFORE, GRANT THE REQUEST FOR THE REMOVAL OF THE TWO GRAND TREES. I WILL TURN IT OVER TO M MR. EYSTER IF COUNCIL HAS ANY QUESTIONS. >>LYNN HURTAK: QUICK QUESTION AND I DON'T KNOW IF MR. EYSTER, IF YOU READ THROUGH, THIS IS A FEW A NUMBER NEWS DECISION. >>SUSAN JOHNSON-VELEZ: TWO TREES IN QUESTION. ONE OF THE REQUESTS WAS UNANIMOUSLY DENIED BY THE VRB. THE OTHER REQUEST WAS DENIED ON A 3-2 VOTE. >>GUIDO MANISCALCO: YES, MR. SHELBY. >>MARTIN SHELBY: IF YOU CAN, MR. CHAIRMAN, A MOTION TO ACCEPT ANY EX-PARTE COMMUNICATIONS, IF ANY. >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN VIERA. DO WE HAVE A SECOND? SECOND FROM COUNCILMAN CLENDENIN. ALL IN FAVOR, SAY AYE OR OPPOSED? THANK YOU SO MUCH. YES, SIR. PLEASE STATE YOUR NAME. OPINION. >> GOOD AFTERNOON, COUNCIL. STEVEN EYSTER. I SEPTEMBER THIS OVER BUT WE CAN DO THE PAPER COPE. PETITION FOR REVIEW FOR VRB 24-15, AS LEGAL STATED. TWO ADDRESSES ARE 2510 GUY NORTH VERGER BOULEVARD AND 1597 LEHAM STREET. THE PROPERTY IS OWNED BY THE TAMPA PORT AUTHORITY. THE APPLICANT WAS RICKY PETERIKA OF DARK MOSS. PROPERTY ADDRESS 2510 GUY NORTH VERGER BOULEVARD. AND ZONING IS IH AND REQUEST TO REMOVE TWO GRAND TREE TO TO CONSTRUCT A INDUSTRIAL PORT FACILITY. THIS WAS THE VRB DETERMINATION. THERE WAS A -- THE FIRST TREE, TREE 13, WAS DENIED 5-0. THE MOTION TO DENY BOTH GRAND TREE REMOVALS PASSED WITH THE 3-2. THERE WAS A SECOND NOTION BETWEEN THOSE, BUT IT FAILED TO HAVE A SECOND AND THAT WAS FOR THE REMOVAL OF TREE NUMBER 21. SO THIS IS A MAP OF THE SITE. IT IS LOCATED WITHIN THE PORT OF TAMPA. SO THE TWO GRAND TREES IN QUESTION, GRAND TREE ONE, WHICH IS -- TREE 13. AND GRAND TREE 2, WITH I IS TREE 21 ON THE ARBORIST INFORMATION OF BOTH TREES ARE LIVE OAKS. ONE IS 35-INCH DBH. THE OTHER 35. WITH 57 FEET TO 55 FEET AND 64 BY 64 FEET. THE TREES RATING B 5 FOR GRAND TREE ONE AND C-4 FOR GRAND TREE TWO. AND SIMILAR MITIGATION OF 13 TREES FOR GRAND TREE ONE AND 14 FOR GRAND TREE TWO. SO THESE ARE TWO OVERALL SITE PHOTOS. GRAND TREE ONE IS HERE. GRAND TREE TWO IS HERE. JUST JUST A QUICK FACT OF THE CANOPY SQUARE FOOTAGES. EACH TREE HAS APPROXIMATELY 34-FOOT CANOPY WHICH IS BEYOND THE 20-FOOT RADIUS REQUIRED BY THE CITY. THIS SITE IS 457,000 SQUARE FEET. ALMOST TEN ACRES. THE PRESERVATION OF EACH TREE TAKES.7% OF THE AREA ON-SITE. SO JUST TO GIVE YOU GUY AS REFERENCE FROM THE MAP THAT SHOWED TO THE -- TO THE TREES. SO THIS IS THE EXISTING SITE. AND CONDITION. BOTH TREES ARE LOCATED IN THIS SMALL SECTION HERE. GRAND TREE 13 AND THEN 22, I BELIEVE, IS RIGHT IN THIS AREA HERE. WE WILL DO A ZOOM IN. THE APPROXIMATE LOCATION OF BOTH TREES. THIS TREE HERE, YOU CAN SEE THERE IS ALREADY A -- LIKE A ACCESS ROAD THAT COMES AROUND ON ALL SIDES OF THIS TREE THAT IS CURRENTLY BEING USED TO ACCESS IN SITE AND THE NEIGHBORING SITE NEXT DOOR. AND THEN THIS TREE IS IN A LARGER GREEN SPACE WITH A ROAD STILL THAT RUNS RIGHT ALONG HE HERE. THIS IS THE PROPOSED SITE PLAN. AS YOU SEE, BOTH TREES ARE LOCATED WITHIN -- RIGHT IN THIS -- THIS IN AREA HERE. THIS IS ALTERNATE SITE PLAN ONE WHERE THEY HAVE ADJUSTED THE PARKING STORAGE AN REA FOR THE PORT FACILITY. I THINK OVERALL, THIS ALTERNATE PLAN AFFECTS 12 TO 15 SPACES, STORAGE SPACES. AND THEN ALTERNATIVE PLAN TWO ADJUSTS THE ACCESS ROAD THAT RUNS ALONG AROUND THE TREE, TO GIVE EACH SITE ITS OWN ACCESS. SO THE DEVELOPMENT REVIEW COMMENTS. EVERYBODY WAS CONSISTENT, EXCEPT FOR NATURAL RESOURCES. THE COMMENT READS, THE SITE CURRENTLY LACKS ANY STRUCTURES. LOADING AREAS CAN BE REDUCED AND RECONFIGURED TO ACCOMMODATE THE GRAND TREE. EXISTING ROAD IS SERVING BOTH SITES AND CAN ACCOMMODATE THE TREE SINCE IT IS ALREADY EXISTING. DUE TO THE ABSENCE OF STRUCTURES AND UTILITIES AND THE FLEXIBILITY TO REFLECT STORAGE AREAS, THEY DID NOT MEET THE CRITERIA FOR THE GRAND TREE REMOVAL. AND THEN THIS IS THE CRITERIA HERE FOR A GRAND TREE REMOVAL THAT SUSAN BRIEFLY TOUCHED ON. AND YOU CAN SEE A, IS IMPACT OF PROPOSED BUILDINGS. THIS SITE DOESN'T HAVE ANY BUILDINGS PROPOSED. OR UTILITIES. AND I -- IN THE APPEAL, I KNOW THEY REFERENCED THE ACCESS ROAD. THE PORT OWNS ALL THE RIGHT-OF-WAY THAT SURROUNDS THIS SITE. SO I FEEL THAT COULD BE ACCOMMODATED AS WELL, MAYBE AT A SLIGHTLY DIFFERENT LOCATION TO ACCESS THE SITE. AND THEN THAT CONCLUDES STAFF'S PRESENTATION. AND I WILL BE AVAILABLE FOR ANY QUESTIONS. >>GUIDO MANISCALCO: COUNCILWOMAN HURTAK. >>LYNN HURTAK: THANK YOU. CAN YOU PUT UP THE -- THE ALTERNATE ONE MAP. >> OF COURSE. >>LYNN HURTAK: SAID WHEN YOU WERE SHOWING THIS, THAT THIS IS PARK SOMETHING IN. >> VEHICLE STORAGE FOR A HEAVILY INDUSTRIAL PORT FACILITY. I THINK THE APPLICANT WILL EXPAND ON THIS MORE. >>LYNN HURTAK: VEHICLE STORAGE? OKAY, THANK YOU VERY MUCH. >>GUIDO MANISCALCO: ANYBODY ELSE? NO? OKAY, THANK YOU VERY MUCH, SIR. NOW WE HAVE ANY OTHER STAFF PRESENT SOMETHING IN NO? NEXT UP, WE HAVE THE PETITION, WHICH WILL BE PATRICK BLAIR. ALL RIGHT. AND EVERYONE WAS SWORN IN. ALL RIGHT. PLEASE STATE YOUR NAME, SIR. >> THANK YOU, COUNCIL. RICKY PETERIKA WITH DARK MOSS. 308 7th AVENUE. >> GOOD AFTERNOON, VICE PRESIDENT OF ENGINEERING FOR PORT TAMPA BAY. >> I AM JOSE DeJESUS, THE DIRECTOR OF ENGINEERING FOR PORT TAMPA BAY. >> STAFF DID A GREAT PRESENTATION KIND OF ESTABLISHING CRITERIA, SO I AM NOT GOING TO REPEAT SOME OF THOSE ELEMENTS. I JUST WANT TO SPEAK TO WHY WE ARE HERE TODAY, WHICH IS WE ARE REQUESTING THAT COUNCIL OVERTURN THE VRB AND GRANT THE REMOVAL OF THIS WHY, BECAUSE THE BOARD DID NOT PROPERLY WEIGH THE IMPACTS TO THE INTERNAL FLOW AND FUNCTION OF THIS VERY UNIQUE TYPE OF HEAVY INDUSTRIAL FACILITY. IT ON FIRST APPEARANCE LOOKS LIKE A PARKING LOT. SOUNDS LIKE A PARKING LOT. BUT THE PORT TAMPA BAY REPRESENTATIVES ARE HERE TODAY TO SPEAK TO HOW THESE TREES IMPACT THE OPERATIONAL EFFICIENCY OF THIS TYPE OF FACILITY IN A VERY UNIQUE WAY. AND SO BEFORE THAT, I JUST WANT TO SPEAK TO THE TREES QUICKLY. TREE 13. THIS IS THE ONE ALONG THE DRIVEWAY. IT IS IN GOOD CONTINUE. AND THERE IS NO DISCUSSION SORT OF ABOUT THE CONDITION RELATIVE TO THIS REQUEST. THIS IS TREE 21. THIS IS MORE IN THE CENTER OF THE LOT, THE ALTERNATE SITE PLAN ONE THAT WAS JUST DISCUSSED. ITS CONDITION WAS ONLY LOWERED BECAUSE OF THE STEMS ARE LOW TO THE GROUND, BUT OTHERWISE A GOOD TREE. SO THE REQUEST -- NONE OF THE REQUESTS RELATE TO THE TREE'S CONDITION. AND WHAT WASN'T DISCUSSED BUT SHOULD BE CONSIDERED, IN MY OPINION, THAT THREE ADDITIONAL GRAND TREES ARE PRESERVED ON THIS SITE ON THE PORT FACILITY THAT AREN'T JUST RELATIVE TO THE APPLICATION BECAUSE WE ARE FOCUSED ON THE REMOVALS. SO WITH THAT, I WILL HAVE MR. BLAIR AND MR. JESUS SPEAK TO THE OPERATIONAL EFFICIENCY COMPONENT. THANK YOU. >> GOOD AFTERNOON. THIS IS A RAILROAD TERMINAL. THE CAR THAT YOU SEE IT. THE CAR DEALERSHIP. THEY COME IN ON A LARGE VESSEL. IF YOU SEE ONE A RAMP THAT DROPS DOWN ON THE STERN AND THE QUARTER RAMP ON THE SIDE. AND YOU HAVE A SERIES OF DRIVERS THAT UNLOAD THE CARS. TWO TEAMS OF, LIKE, FIVE. YOU WILL HAVE TEN CARS DRIVEN OUT AT THE SAME TIME. AND TWO MINIVANS THAT WILL PICK UP THE DRIVERS AND CONSTANTLY ROTATE THEM. UNLOADING APPROXIMATELY 2,000 TO 3,000 CARS IN A FEW HOURS. NOT A TYPICAL PARKING LOT WHERE PEOPLE ARE PARK. THIS IS A HIGH-DENSITY FAST OPERATION WHERE YOU ARE LOADING THESE VEHICLES QUICKLY. OTHER PORTS, YOU WON'T SEE A TREE IN THE MIDDLE OF THE TERMINAL, KIND OF SIMILAR TO AN AIRPORT TARMAC. YOU WOULDN'T LEAVE ON. WE WOULD CONSIDER IT A SAFETY ISSUE. THESE OPERATIONS HAPPEN LATE AT NIGHT AS WELL. THEY ARE PORT CREATED LAND. MAN MADE IN 1939 WHEN WE FILLED THE LAND. WE ARE TRYING TO PRESERVE AS MANY TREES AS POSSIBLE. THIS IS AN OPERATIONAL THING. ISN'T WHERE YOU TYPICALLY LEAVE TREES IN THE MIDDLE OF THE YARD AND YOU EXPECT PEOPLE TO DRIVE AROUND THEM. HAPPY TO ANSWER ANY QUESTIONS AS WELL. >>BILL CARLSON: DO YOU KNOW WHY -- YOU SAY PORT-MADE LAND -- RECLAIMED LAND. WHY IS THAT TREE THERE IN THE FIRST PLACE? DO YOU KNOW -- WHAT? >> I ASSUME SOME TYPE OF ANIMAL BROUGHT A SEED ON TO THE SITE -- WHEN I SAY -- DO YOU HAVE A LAND RECLAMATION MAP. PRESIDENT 80% TO 90% LAND RECLAMATION. DREDGE THE CHANNEL, USE THE FILL WITH THE LAND. HOOKER'S POINT, DAVIS ISLAND AND HARBOUR ISLAND IN 1939. THE AREA IS -- EVERYTHING SOUTH OF THAT IS ALL -- IT WAS WATER AT ONE POINT. THAT IS WHEN WE SAY "LAND RECLAMATION" USING DREDGE FLOWS TO CREATE UPLOADS. >>BILL CARLSON: BUT THERE WAS -- NEVER MIND, THANK YOU. >> THERE WAS WATER AND MADE LAND AND EVENTUALLY A SEED GOT THERE. >>BILL CARLSON: I WAS ASKING MORE ABOUT THE TREE. THANK YOU. >>GUIDO MANISCALCO: YES, SIR. >> SOME ADDITIONAL POINT WE WANTED TO BRING UP. IT REALLY SPEAKS TO -- REALLY THE UNIQUENESS OF THE LAND THAT WE ARE WORKING ON. YOU KNOW, THERE ARE -- LAND DEVELOPMENT CODE CURRENTLY HAVE EXEMPTIONS FOR LANDSCAPING AND LOADING FACILITIES. AND IN ADDITION TO THAT, THE LDC HAS PROVISIONS TO PROVIDE EXISTING INDUSTRIAL MARITIME AND COMMERCIAL USES SPECIFICALLY RELATED TO PORT AUTHORITY ACTIVITIES WITH THE OPPORTUNITY TO CONTINUE TO EXPAND, PROSPER AND GROW. I THINK THIS CLEARLY SPEAKS TO THE IMPORTANCE THAT -- THAT COUNCIL AND THE CITY PUT ON PORT FACILITIES RECOGNIZE THESE ARE VERY UNIQUE. THERE ARE NOT -- MARINE TERMINALS ARE VERY UNIQUE BY THEIR DEFINITION. THE TERMINAL WE USE TO UNLOAD THESE VEHICLES, THERE AREN'T A LOT OF OTHER SPACES AT THE PORT THAT WE CAN USE. IN ADDITION -- IN ADDITION TO -- YOU KNOW, WE NEED THIS FACILITY, AGAIN, NOT A PARKING LOT. IT IS A MARINE STORAGE AREA ADJACENT TO THE -- TO THE -- TO THE -- SO I DON'T HAVE A LOT OF FLEXIBILITY -- WE DON'T HAVE A LOT OF FLEXIBILITY WHEN IT COMES TO SITE SELECTION. IT NEEDS TO BE ADJACENT TO THAT. FURTHERMORE, LOOKING AT THE COMP PLAN, LAND USE POLICY 8.1.1. ENCOURAGE REDEVELOPMENT OF THE PORT OF TAMPA FOR INFRASTRUCTURE TO SUPPORT THE PORT IN ORDER TO THE PORT OF TAMPA BY IDENTIFYING THOSE AREAS THAT ARE -- AND I EMPHASIZE THIS -- BEST SUITED FOR PORT AND MARITIME ACTIVITIES AND THIS IS ONE OF THOSE CASES. THE COMP PLAN RECOGNIZES THE NEED TO PROTECT INDUSTRIAL LAND WHICH IS CLUSTERED AROUND THE PORT AND OTHER MAJOR ECONOMIC ENGINES INCLUDING -- INCLUDING THE AIRPORT. PROVIDES ECONOMIC OPPORTUNITIES FOR RESIDENTS. LAND USE POLICY 8.9.2 IS TO ENCOURAGE THE INTENSIFICATION AND INDUSTRIAL WHERE THEY HAVE DISTRIBUTION FACILITIES. THE PORT WITH THE USE OF THE LAND THAT WE CREATED AND WE ARE TAKING ADVANTAGE OF IT. AGAIN, NOT A FLEXIBILITY FOR US TO GO WITH THIS TERMINAL. THIS IS WHY WE ASK FOR THIS VARIANCE. >>GUIDO MANISCALCO: COUNCILWOMAN HURTAK. YOU HAD YOUR MIC ON FIRST AND THEN COUNCILMAN CLENDENIN. >>ALAN CLENDENIN: I HEAR WHAT YOU ARE SAYING, BUT I AM NOT HEARING ANYTHING IN THIS PRESENTATION THAT WOULD INFER THAT THESE TWO TREES WOULD UNJUSTLY INTERFERE WITH THE -- WITH EVERYTHING THAT IS CALLED IN THAT. BECAUSE IT IS A LARGE PIECE OF PROPERTY. I MEAN IF IT WAS BLOCKING LOADING AND UNLOADING, OR IF IT WAS -- IF IT WAS -- IF IT WAS TRULY AN OBSTRUCTION OF THE DEVELOPMENT OF THAT PROPERTY, BUT SUCH AN STATISTICALLY INCONSISTENT. A HUGE SUPPORTER OF THE PORT. I UNDERSTAND THE BUSINESS MODEL THERE. AND WHETHER LAND IS CREATED OR NOT CREATED IS NOT RELEVANT TO THIS. BUT WHO CREATED THE LAND, GOD CREATED THE LAND AND PORT CREATED THE LAND. THE TREE IS THERE. AND WE FREQUENTLY HAVE TO MAKE DECISIONS ON THIS COUNCIL WITH PRIVATE DEVELOP WHO DEVELOP PROPERTY THAT WE INSIST THAT THEY MOVE CONSTRUCTION PROJECTS AND HOUSES AND ACCOMMODATE AND BUILD SMALLER HOUSES TO ACCOMMODATE TREES. MY QUESTION TO YOU IS, WHAT IS THE REAL IMPACT, OPERATIONAL IMPACT -- BECAUSE I WAS FAMILIAR WITH THIS PROJECT THAT -- WITH THE EXPANSION AND ADDING TO THIS CAPACITY. BUT WHAT IS THE TRUE IMPACT. AND WHAT IS IT GOING TO COST THE PORT AUTHORITY TO ACCOMMODATE THESE TWO TREES ON IN GIGANTIC. >> YES, COMMISSIONER -- I MEAN COUNCILMEMBERS. WE HAVE COMMISSIONERS AT THE PORT. OPERATIONAL ISSUE, THOUSANDS OF CARS DRIVING OUT IN A EXTREMELY TIGHT WINDOW. FIVE HOURS. SAFETY ISSUE, THE TREE WILL GET HIT. WE HAVE IF BOLLARDS AROUND EVERY LIGHT. YOU HAVE TO GET OUT THERE TO APPRECIATE IT. A HIGH-VOLUME SITUATION WHERE THOUSANDS OF CARS ARE BEING UNLOADED IN FOUR HOURS, IF YOU CAN IMAGINE THAT. AND DRIVERS GETTING OUT AND BEING PICKED UP IN MINIVANS AND THIS IS CONSTANTLY GOING ON ALL NIGHT. SITE-LIGHTED BUT A SAFETY ISSUE HAVING TREES IN THE MIDDLE OF THE SITE. >>ALAN CLENDENIN: TRULY YOU COULD EXPAND THEA COME DATED AREA TO -- TO I DID MINIMIZE THE -- >> SO TO THAT POINT, RICKY MENTIONED THAT WE ARE THE LANDOWNER, BUT WE LEASE OUR LAND TO OUR OPERATORS. IN THIS CASE, THIS SITE IS LEASED OUT TO A COMPANY CALLED GLOBIS. THEY WILL BE OPERATING AND DOING THE HANDLING OF THE VEHICLES. ADJACENT TO THE NORTH IS PORTS AMERICA. OUR GENERAL CARGO YARD. BRINGING STEEL, LUMBER AND OTHER PRODUCTS THAT WE USE IN THE SOUTHWEST MOW SAYIC. SO I HAVE A DEFINED FOOTPRINT. I CANNOT -- WE CAN NOT INTERMINGLE THOSE USES. FACILITIES HAVE THEIR OWN INDEPENDENT SECURITY -- FACILITIES SECURITY PLANS THAT ARE REGULATED BY THE COAST GUARD. SO I CANNOT HAVE THE OPERATION GOING INTO PORTS AMERICA BECAUSE IT IS A VIOLATION OF -- OF THE PORT SECURITY PLAN. SO WE HAVE -- WE HAVE VERY LIMITED FLEXIBILITY TO THIS. AND WE WORK WITH OUR CONSULTANTS ON THIS TO MAKE SURE WE HAVE THE BEST CONFIGURATION OF -- OF THE SITE. AND RICKY MENTIONED TOO, WE HAVE -- WE HAVE SOME TREES THAT WE ARE PRESENTING ON THE NORTH SIDE THERE, ADJACENT TO THE WATER, BECAUSE WE -- YOU KNOW, WE DID -- WE SAW WE COULD KEEP THAT AREA AS IT WAS. BUT IN THIS CASE, THE TREES ARE IN THE WAY OF THE OPERATION, UNFORTUNATELY. >>ALAN CLENDENIN: WILL THERE BE LIGHT POLES AT THE PARKING LO THE? >> YES, THERE IS GOING TO BE. >>ALAN CLENDENIN: LIGHT POLES ARE INSTRUCTION. >> VEHICLE SAFETY BOLLARDS AROUND BECAUSE THEY WILL GET HIT. YOU GO TO ANY RAILROAD FACILITY IN THE UNITED STATES, THERE IS NO TREES IN THE MIDDLE OF THE ROAD RAILROAD TERMINAL. NO FACILITY IN THE UNITED STATES HAS TREES IN THE MIDDLE. >>ALAN CLENDENIN: ANSWER MY SPECIFIC QUESTION THOUGH. OTHER THAN YOUR DRIVERS RUNNING INTO TREES, WHAT IS THE OPERATIONAL COST OR OPERATIONAL IMPACT OF LOSING THAT SPACE AROUND THAT TREE. I MEAN, WHAT I WANT TO BE ABLE TO DO IS WEIGH THE BENEFIT OF THE PORT VERSUS THE BENEFIT OF LEAVING THAT TREE. AND MAKING THIS DETERMINATION. AND I AM NOT HEARING THAT FROM YOU YET. THAT IS MY QUESTION. WHAT ARE YOU LOSE FROM THE PORT AS FAR AS OPERATIONAL -- >> FINANCIALLY, IF WE TAKE THIS EVERY TWO WEEKS AND LOSING 15 SPOTS, 30 SPOTS AT 15 A SPOT. $600 A MONTH TIMES 12. $700 TO $1,000 A MONTH. DOESN'T COVER THE LEAST COST OF THE SPACES, A YEAR. >>ALAN CLENDENIN: ARE THESE SHIPS COMING IN, ARE THESE SPOTS ALWAYS FILLED? >> YOU WILL SEE IT COMPLETELY FULL AND EMPTIED OUT SO -- >>ALAN CLENDENIN: EVERY SINGLE SPOT? >> USUALLY. YOU WILL SEE THESE CAR HANDLERS SHOW UP. WE HAVE OVERFLOW THAT JOSE IS ABOUT TO STATE. WE WILL TRY TO FIND OTHER PLACES TO PARK THEM. OBVIOUSLY THE ECONOMY AND MARKET FLUCTUATES, THE AMOUNT OF CARS BEING SOLD INCREASES OR DECREASES. SOMETIMES A NEGATIVE IMPACT. IF THEY ARE NOT MOVING, THEY WILL STAY. CAR TRANSPORTERS DOWN THE STREET COME PICK UP FIVE TO TEN CARS AND TAKE THEM OFF TO DEALERSHIPS. >>ALAN CLENDENIN: THANK YOU. >>GUIDO MANISCALCO: COUNCILWOMAN HURTAK. >>LYNN HURTAK: HOW MANY CAR ALSO BE ABLE TO BE PARKED HERE MAX? >> 2,000 TO 3,000 IN THIS SPACE. >>LYNN HURTAK: WAY TOO LARGE OF A RANGE. HOW MANY CARS. >>LYNN HURTAK: I WOULD EXPECT YOU TO TELL ME WITHIN THE TENs. IF YOU GUYS HAVE ENGINEERED THIS TO THIS DEGREE. >> WE DO. WE HAVE IT DOCUMENTED. OFF THE TOP OF MY HEAD I DON'T KNOW THE NUMBER. I DON'T KNOW -- I CAN GET BACK WITH YOU WITH THE NUMBER. >>LYNN HURTAK: THAT IS NOT GOING TO HELP WITH THIS CASE. SERIOUSLY DIDN'T KNOW THIS. >> HI -- >>LYNN HURTAK: JUST ANSWERING QUESTIONS RIGHT NOW. >> I BELIEVE WE ARE TRYING TO LOOK UP THE CAR COUNT FOR YOU COMMISSIONER -- COUNCILMEMBER. >>LYNN HURTAK: MY SECOND QUESTION WOULD BE, HOW MANY CAR WOULD THIS TREE TAKE UP? >> I ALREADY STATED DISPLACE 15 TREES. >>LYNN HURTAK: 15 CAR SPACES. >> 15 CAR SPACES. >>LYNN HURTAK: YOU ARE TELLING ME IN TEN ACRES, YOU ARE LOSING 15 CAR SPACES BECAUSE -- I HONESTLY CAN'T BELIEVE WE ARE HERE. BUT OKAY. THAT IS MY QUESTION. THANK YOU. >> AGAIN, OUR CONCERN IS NOT THE NUMBER OF CARS WE ARE LOSING -- >>LYNN HURTAK: I EARNED STAND, THANK YOU -- I UNDERSTAND. THANK YOU. >> I WILL SPEAK QUICKLY THERE HAVE BEEN SOME CHANGES -- >>GUIDO MANISCALCO: COME CLOSER TO THE MICROPHONE. >> IN THE VARIANCE APPLICATION, WE HAD 1312. AND IMPACT TO THIS TREE 21 WAS -- REDUCE IT TO 1285. UP HERE. AND THEN A SLIGHTLY -- A SIMILAR NUMBER FOR THE OTHER TREE, BUT THAT HAS MORE IMPACTS TO THE ACCESSORY SLATED TO THE LEASE LIGHTS. IT DOESN'T REDUCE THE PARKING THIS MUCH. >>LYNN HURTAK: HOLD ON. GO BACK TO THAT SECOND ONE. THIS IS WHERE I AM CONFUSED. NOW YOU HAD IT ON THE RIGHT. AND I CAN'T SEE IT. >> SORRY. >>LYNN HURTAK: HOW CAN YOU HAVE -- YOU SAID 2332 ORIGINAL PROPOSAL? >> 1312. >>LYNN HURTAK: 1312. THE OTHER ONE HAD 1312? >> THE ORIGINAL SITE PLAN. THIS TABLE SHOWING WHAT IS PROPOSED AND WHAT THE REASONABLE RECON EFFECTS. >>LYNN HURTAK: SO 12 SPACES FOR ONE TREE. AND 27 SPACES FOR ANOTHER. GOT IT. >>GUIDO MANISCALCO: COUNCILMAN CARLSON. >> SORRY FOR THE CONFUSION. WE HAD TOO CLOSE. >>BILL CARLSON: RICKY, IF YOU CAN SHOW US THAT MAP AND SHOW US WHERE THE THREE TREES ARE THAT YOU ARE SAVING AND TELL US WHAT THE IMPACT IS OF THOSE. >> TREE 13 IS HERE. TREE 21 IS ABOUT THERE AND THE THREE GRAND TREES ARE HERE. >>BILL CARLSON: THE THREE THAT YOU ARE RETAINING. WHAT ARE YOU GIVING UP BY RETAINING THOSE? >> THEY ARE ADJACENT TO PART OF THE EXISTING POND THAT IS BEING EXPANDED. AND BECAUSE THE DRIVE AISLE -- THERE IS NO STORAGE ON THAT SIDE, IT WAS JUST A MASSAGING OF THE DRIVE AISLE TO ACCOMMODATE THOSE TREES IN PLACE. >>BILL CARLSON: YOU ARE NOT GIVING UP BY RETAINING THOSE. >> I AM CHRIS MATTHEWS. I AM THE CIVIL ENGINEER ON THIS PROJECT. ACTUALLY TO AVOID THOSE TREES AS KIND OF A TRADE-OFF OF KEEPING THE TWO TREES WE ARE TRYING TO REMOVE. WE HAD NO MOVE THIS DRIVE AISLE OVER. SO WE ACTUALLY LOST A NUMBER OF TREES -- BASICALLITH OF PARKING SPACES. >>BILL CARLSON: HOW MANY SPACES DO YOU THINK YOU GAVE UP? >> TO QUANTIFY THAT, I WOULD SAY 0 TO 40. >>BILL CARLSON: ON ONE HAND, YOU ARE GIVING UP 30 TO 40 SPACES. THE OTHER HAND WE DON'T WANT TO GIVE UP 80 -- WE WILL GIVE UP HALF. MY NUMBERS AREN'T EXACTLY RIGHT. GIVE UP SOME SPACES AND ABLE TO HE ENGINEER AND GIVE 40 SPACES FOR THE THREE TREES BUT DON'T WANT TO GIVE UP THE OTHER. LET ME ASK YOU FROM AN OPERATIONAL STANDPOINT AND COMPETITIVE STANDPOINT. HOW IMPORTANT IS -- IS -- IS THE -- THE TIME THAT YOU -- THAT YOU ARE -- YOU ARE ABLE TO OFFLOAD THESE CARS. SO IF OPERATIONALLY THE TREE SLOWED YOU DOWN, HOW IMPORTANT IS TIME TO MAINTAINING YOUR CUSTOMERS AND MAINTAINING THE EFFICIENCY OF THE PORT. HOW IMPORTANT ARE THESE ADDITIONAL 40 OR SO SPACES. HOW DOES THAT IMPACT THE BUSINESS AND OPERATIONS. AND INCOME OF THE PORT. AND THEN -- ALSO, IF YOU -- EVEN IF YOU HAVE PYLONS AROUND THE TREES. IF YOU HIT THEM AND CRASHED THE CARS. WHAT IS THE RISK OR COST TO THE PORT BY DOING THAT. IF YOU DID THAT REGULARLY, FOR EXAMPLE, WOULD YOU NOT ONLY HAVE THE EXPENSE OF THE CAR BUT POTENTIALLY LOSE THIS BUSINESS TO ANOTHER PORT OR ANOTHER CITY? AND WOULD THAT COST OUR PEOPLE BUYING CARS HERE MORE MONEY. THAT KIND OF THING. WHAT -- JUST AN EXTENSION OF MR. CLENDENIN. COUNCILMAN CLENDENIN'S QUESTIONS AS WELL. WHAT IS THE COST TO THE PORT AND THE COMMUNITY IN -- BE IN -- IN NOT -- MAINTAINING THOSE TWO TREES. >> THANK YOU, COUNCILMAN. THE TYPICAL DELAYS IN THE MARITIME INDUSTRY. $30,000 TO $40,000 A DAY. BEING DELAYED OF UNLOADING AND LOADING A VESSEL RUNNING WITH A 30,000 TO $40,000 PRICE TAG WHOEVER IS LEASING THE VESSEL. AND THE BUSINESS IS HIGHLY COMPETITIVE. USED TO BE FROM SOUTH AMERICA AND COMING FROM SAVANNAH AND MEXICO AS WELL. A HIGHLY COMPETITIVEHE ECONOMIC IMPACT AND THEY ARE ALL LABOR JOBS AND A HEAVY IMPACT ON THE COMMUNITY. >>BILL CARLSON: THE LAST QUESTION IS, YOU KNOW, WE HAD PRESENTATION BEFORE CHA CHARLES KLUG HAS BEEN IN HERE BECAUSE OF ENCROACHMENT BY DEVELOPMENT. PEOPLE LIKE BUILD CONDOS AND TAKE OVER THE PORT. HE HAS PRESENTED THAT THERE IS LITTLE OR NO LAND AVAILABLE. SO IF YOU SAID, OKAY, THESE TREES ARE IN THE WAY. IF SOMEBODY SAID PICK THIS UP AND MOVE IT SOMEWHERE ELSE. IS THERE SPACE TO MOVE IT TO? >> PRESIDENT CHANNEL IS -- IT IS NOT ECONOMICALLY VIABLE TO DREDGE A NEW CHANNEL OFF TO UNDEVELOPED LAND. SO THE DEVELOPED LAND WE HAVE ADJACENT OR UNDEVELOPED LAND ASSAY INTELLIGENT TO THE FEDERAL LAND IS DIMINISHING QUICKLY AND WE NEED THAT. YOU CAN NOT MOVE THE FACILITY. ECONOMICALLY NOT VIABLE TO CREATE A NEW CHANNEL. MANISCALCO COUNCIL. >>CHARLIE MIRANDA: MIRANDA I WANT TO KNOW THE SAME AREA THAT COUNCILMAN CARLSON IS RELATE TO IT, MOVING TO ONE SIDE. SOIL BORINGS. WHAT CAPACITY AND WHAT DID YOU FIND? >> WE HAVE A MIXTURE OF SANDY AND CLAY MATERIAL. THE PAVEMENT EXCEPTION WILL BE EXCAVATED DOWN TWO FEET AND REBUILD THAT BACK UP TO HANDLE THE LOADING OF THE VEHICLE AND THE TRAFFIC HAULERS. >> THE TREES WERE SURVIVING, THREE TREES NOW THAT YOU ARE NOT GOING TO MOVE? >> YES, COMMISSIONER -- COUNCILMAN, NOT A TON OF TREES. HALF OF THE SITE WAS DEVELOPED 30 OR 40 YEARS AGO FOR A CRUISE TERMINAL THAT WENT EXTINCT AND USED FOR BREAK BULK, LUMBER AND STEEL FOR CONSTRUCTION HAS BEEN LAID THERE AND CONVERTING INTO RAILROAD DUE TO THE EXPANSION OF OUR RAILROAD BUSINESS. >>CHARLIE MIRANDA: THANK YOU. >>GUIDO MANISCALCO: ANYBODY ELSE? ANYTHING FURTHER IN YOUR PRESENTATION? >> NO COUNCILMAN. OF. >>GUIDO MANISCALCO: OPEN IT UP TO PUBLIC COMMENT. ANYONE IN THE PUBLIC WHO WISHES TO SPEAK ON THIS ITEM. LORRAINE PERRINO REGISTERED AND I SEE HER IN THE AUDIENCE. NO ONE ELSE REGISTERED ONLINE. STATE YOUR NAME. PART OF THE PRESENTATION AND WITH THE PART. >> I AM AN ENGINEERING AND CONTRACTOR AND WORKING AT THE PORT FOR 12 YEARS. I AM NOT PART OF THIS PROJECT. >>GUIDO MANISCALCO: WOULD YOU BE PART OF THE PRESENTATION. YOU CAN SPEAK AT REBUTTAL TIME, BUT NOW OPEN TO GENERAL PUBLIC COMMENT. >> I THOUGHT I WAS GENERAL PUBLIC. >>GUIDO MANISCALCO: HE DID WORK WITH THE PORT. >>GUIDO MANISCALCO: ARE YOU REPRESENT SOMETHING IN. >> NO, I AM NOT REPRESENTING. >>GUIDO MANISCALCO: SORRY -- >> I DIDN'T KNOW HE WAS THERE. I'M HERE FOR A CITY OF TAMPA PROJECT. >>GUIDO MANISCALCO: WELL, AFTER THE YOUNG LEADER SPEAKS WE WILL GO TO YOU. >> YOUNG LADY? OKAY, THANK YOU. GOOD AFTERNOON. MY NAME IS ALISON DATE. I AM MEMBER OF THE TAMPA SIERRA CLUB AND AND TAMPA TREE ADVOCACY GROUP. DESPITE OUR EFFORTS -- WE CONTINUE TO LOSE TREES IN TAMPA AS YOU KNOW. AND I WANT TO SHARE SOME NEW FIND INCOMES A RECENT STUDY. THIS IS SORT OF AN INFORMATIONAL BLUS INFORMATIONAL BLBLURB FOR TREES, WE NEED THEM MORE THAN THEY NEED US. A RECENT STUD IN NATURE THAT EXPLAINS HOW TREE BARK SURFACES PLAY AN IMPORTANT ROLE OF REMOVING METHANE GAS FROM THE ATMOSPHERE. HERE ARE SOME EXCERPTS FROM THE ARTICLE. CARROLL ANN SENT YOU THIS ARTICLE THIS WEEK. TREES HAVE BEEN KNOWN TO BENEFIT CLIMATE BY REMOVING CARBON DIOXIDE FROM THE ATMOSPHERE UNLIKE CARS OR PETRO CARS, AN INTERNATIONAL TEAM OF RESEARCHERS HAVE SHOWN FOR THE FIRST TIME THAT BUGS LIVING IN THE BARK OR WOOD ITSELF REMOVING ATMOSPHERIC OF SOIL. IN NEWLY DISCOVERED PROCESS MAKES TREES 10% MORE BENEFICIAL FOR CLIMATE THAN PREVIOUSLY THOUGHT. METD THANE IS RESPONSIBLE FOR 30% OF GLOBAL WARMING. ALTHOUGH MOST METHANE IS REMOVED BY PROCESSES IN THE ATMOSPHERE, SOILS ARE FULL OF BACTERIA THAT ABSORB THE GAS AND BREAK IT DOWN FOR USE AS ENERGY. SOIL HAS THOUGHT TO BE THE ONLY TERRESTRIAL SINK FOR METHANE BUT RESEARCH SHOWS THAT TREES ARE AS IMPORTANT AND PERHAPS MORE SO. THE LEAD OF RESEARCHER SAID THE MAIN WAYS IN WHICH WE CONSIDER THE CONTRIBUTION OF TREES TO THE ENVIRONMENT THROUGH ABSORBING CARBON DIOXIDE THROUGH PHOTO. >>JOSEPH CITRO: S-- AND RESTORIG IT AS CARBON. A NEW WAY FOR TREES OF CLIMATE SERVICE. TREE WOODY SERVICES ADD A NEW DIMENSION WITH THE WAIT LIFE ON EARTH INTERACTS WITH THE ATMOSPHERE AND THIRD DIMENSION IT TEEMING WITH LIFE. PRELIMINARY CALCULATIONS INDICATE THAT THE CORRECTION OF TREE IS BETWEEN 25 TO 50 MILLION TONS OF METHANE. THE GLOBAL METHANE PLEDGED LAUNCHED IN 2021 AT THE CLIMATE CHANGE. AND BY THE EN. DECADE. OUR RESULTS SUGGEST THAT PLANTING MORE TREES AND REDUCING DEFORESTATION MUST BE IMPORTANT PARTS OF ANY APPROACH TOWARD THIS GOAL. EVERY HEALTHY, MATURE, AND GRAND TREE LEFT STANDING HELPS RESTORE OUR ATMOSPHERE. PLEASE UPHOLD THE VRB DECISION, FOLLOW OUR TREE CODE, AND PROTECT THESE TREES THAT ARE PROTECTING US. >>ALAN CLENDENIN: THANK YOU VERY MUCH. APPRECIATE THAT. SIR, WOULD YOU LIKE TO -- >> YES. YES. SORRY, I AM -- >>ALAN CLENDENIN: STATE YOUR NAME. >> KEITH COATES. I AM WITH A CONSTRUCTION GROUP. I HAVE BEEN WORKING WITH THE PORT FOR MANY YEARS BEFORE PATRICK AND JOSE AND A LOT OF THEM. I AM NOT FAMILIAR WITH THIS PROJECT, BUT I AM FAMILIAR WITH PORT OPERATIONS. AND I AM AN ENVIRONMENTAL ENGINEER. I DO A LOT OF CIVIL ENGINEERING. YOU KNOW THEY ARE TALKING OF THE PARKING SPACES. YOU THINK OH, PARK AROUND THEM LIKE A PARK LOT BECAUSE WE DO ALL OF THAT. NOT SO MUCH JUST THAT, BECAUSE AT THE PORT, ALL MY YEARS OF EXPERIENCE, I CAN SEE THIS GO AWAY IN A MONTH AND THEN BRING IN STEEL. NOW THEY CAN'T. LIKE HAVING A TREE IN THE MIDDLE OF A CONTAINER YARD. THE LOCATION BEING IN THE CENTER OF THE MASS OF CONCRETE. RIGHT IN THE DEAD CENTER. ALL THE TREES ON THE SIDE ARE NOT A BIG DEAL. THEY ARE NOT A DANGER, BUT THE LOCATION OF IT. AS AN ENGINEER, I WOULD BE NERVOUS FOR SOME OF THE OPERATIONS. MAYBE PARKING CARS, NOT SO MUCH. BUT WHAT HAPPENS IN A MONTH, YOU KNOW, ANOTHER TENANT WOULD SAY I WOULD LOVE TO USE THAT FOR PUTTING THIS STEEL. THEY HAVE BEEN BRINGING IN STEEL, WOOD. THINGS CHANGE. CARGO IS UP. YOU KNOW WE GOT THE MOST CARGO COMING IN THE PORT NOW WITH THE NEWS REPORTS I SEE. AND WHEN I AM OUT THERE, YOU KNOW, THEY WOULDN'T USE IT. IT IS RIGHT IN THE WAY. IT IS TOO DANGEROUS. THEY HAVE FORKLIFTS RUNNING. GIANT FORKLIFTS. THEY RUN AN INCH OFF THE GROUND. TREE ROOTS COME UP, THEY ARE GOING TO CALL SAFETY HAZARDS. STUFF FALLS OVER. PEOPLE GET KILLED. FROM AN ENGINEERING 1279, THE LOCATION IS NOT SO MUCH WHERE THEY CAN PLANT THE -- THE TREES ALONG THE BORDER. AND THIS WOULDN'T HURT THEIR OPERATION, BUT IT IS RIGHT IN THE DEAD CENTER OF WHATEVER GAS, TEN ACRES. THEY ARE RECEIPT IN THE CENTER OF IT AND WHERE THE PROBLEM LIES AND COULDN'T USE IT FOR OTHER PURPOSES. IF YOU WERE JUST LOOKING AT FOCUS REAL THAT ARE ROW AT PARKING CARS, YES. LOOKING FOR BIG PICTURE AND PORT GROWTH, I WOULD SAY THEY ARE BETTER OFF TO PLANT. YOU KNOW, GO AHEAD AND GET THE NUMBER OF TREES THAT THE ENGINEER OF RECORD HAD DONE. AND FIND SOME PLACES TO PLANT THEM, THEY WILL STILL GET THE OXYGEN AND STILL PROVIDE -- I THINK THESE TREES WERE PROBABLY PLANTED THERE 40 YEARS AGO BECAUSE IT WAS A CRUISE TERMINAL AT A TIME. NOW THEY ARE IN A VERY BAD SPOT. AND THEY ARE HEAVY INDUSTRIAL AND RIGHT IN THE CENTER OF THE TEN ACRES. JUST SOMETHING TO CONSIDER FROM AN OUTSIDER'S PERSPECTIVE ON IT. >>ALAN CLENDENIN: THANK YOU VERY MUCH. NEXT. >> HI, GOOD AFTERNOON. MY NAME IS NANCY STEVENS. MEMBER OF THE TAMPA BAY SIERRA CLUB AND THE TREED ADVOCACY GROUP. AND THE BENEFIT OF TREE AS KEEP TOP IN MIND THAT LIVE OAKS ARE PARTICULARLY VALUABLE. THE MOST VALUABLE TREES IN FLORIDA. AND THEY ARE ALSO VERY RARE. 2.8% OF OUR CANOPY. AND THEY DO ALL THE WORK. IN PARTICULAR, THESE TWO TREES THAT ARE IN THIS INDUSTRIAL PARK, THEY WERE DOING A LOT OF WORK IN THAT SPACE. IF THEY WERE MITIGATED SOME PLACE ELSE, THEY WOULDN'T BE QUITE SO VALUABLE OPINION. SO I HAVE -- I HAVE SOME PAGES FROM THE TREE STUDY. THIS ONE SHOWS THE CARBON BENEFIT OF LIVE OAKS. THE BOTTOM LINE, ONE OF THE MOST VALUABLE. I WANT TO POINT OUT THAT LIVE OAKS AND INDUSTRIAL AREAS ARE VERY RARE. MOST OF THEM -- MOST IN RESIDENTIAL AREAS -- >>ALAN CLENDENIN: CAN I INTERRUPT FOR ONE SECOND. IF YOU WANT TO HAVE CONVERSATIONS, IF YOU CAN TAKE IT OUTSIDE. IT IS PICKED UP ON THE MIC. THANK YOU. >> I ALSO -- THEY ALSO HELP AVOID RUNOFF. HERE IS ANOTHER EXAMPLE AGAIN. LIVE OAKS NUMBER ONE IN AVOIDING RUNOFF. AND AGAIN, INDUSTRIAL AREAS, THEY ARE VERY RARE. THESE ARE RARE -- RARE OF THE RAREST TREES. THEY ALSO -- YOU KNOW, SILL SOAK UP INDUSTRIAL POLLUTANTS FROM THE WATER AND PREVENT THEM FROM GOING IN THE BAY. HAVING THEM ON THE BAY YOU ARE PROVIDING A BENEFIT RIGHT THERE. SO, AGAIN, AS YOU HEARD, THE REASONABLE RECONFIGURATION IS AVAILABLE THAT TAKES AWAY A FEW SPACES. IT CAN BE EASILY RECONFIGURE RATED. NO HARDSHIP TO DO THAT THAT OUT OUTWEIGHS THE BENEFIT OF THE TREE. WE HAVE A TREE CODE BECAUSE WE KNOW THE VALUE OF THE TREES HERE IN TAMPA THE OTHER PROPERTIES IN THIS AREA ARE PAID WITH PAVED WITH NO VEGETATION AT ALL AND THEY ARE MUCH MORE VALUABLE HERE. AND MAYBE WE WENT SEE THEM, BUT, YOU KNOW, THEY ARE EXISTING INFRASTRUCTURE RIGHT THERE. AND WE ARE ALWAYS LOOKING TO CONTROL FLOODWATERS. ABSORB CARBON DIOXIDE. THESE ARE THINGS WE WANT AND TREES ARE DOING THAT. AND WHY WOULD WE TAKE DOWN THE INFRASTRUCTURE IS THERE TO HELP US. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. CAN WE KEEP THE CONVERSATIONS IN THE BACK DOWN. SI SIR. >> A SPEAKER WAIVER FORM WITH THREE NAMES. SANDY SANCHEZ, ADRIAN -- SANDY CAN SHE'S. ADRIAN LAR RAH A ME, OKAY. AND ANDY JOE SCAGLIONE. DO I SEE THE NAME, ANDY JOE SCAGLIONE. YOU ARE WAIVING A MINUTE? OKAY. VERY GOOD. THREE EXTRA MINUTES. A TOTAL OF SIX. >>GUIDO MANISCALCO: YES, MA'AM. PLEASE STATE YOUR NAME. >> MY NAME IS CAROL ANN BENNETT, LIFE-LONG RESIDENT AND FOUNDING MEMBER OF TREE TAG. MR. PETERIKA'S STATEMENT SAY A HEALTHY LIVE OAK ISOLATED IN A PARK LOG THE. HEALTHY AND STOUT TREE. YOU CAN SEE THE COULD BE CRETE HERE AND HERE AND HERE. THEY CAN SAVE THIS CREAND DEVELOP THIS SITE WITH 1285 SPACES FOR THE TEMPORARY PARKING OF IMPORTED VEHICLES. THAT IS MERE 2% REDUCTION IN THE NUMBER OF SPACES. THEY CAN BUILD 98% OF THE PARKING SPACES THEY WANT. THE DIFFERENCE IN ELEVATION HERE THAT THEY MIGHT TALK ABOUT IS ONLY ABOUT NINE AND A HALF INCHES. AND IF YOU ASK MR. EYSTER, HE SAYS IF THE TREE WELL IS THE SIZE OF THE CANOPY, THIS PROJECT IS 457,380 SQUARE FEET. THE SPACE NEEDED FOR THIS TREE A .7% OF THE SITE. THEY CAN KEEP THE TREE AND RETAIN 99.3% OF THEIR SQUARE FOOTAGE, BUT THEY WANT TO YOU BELIEVE THAT THE DRIVERS THEY HIRE ARE SO BAD, SO IN-DEPTH THAT THEY CAN'T EFFICIENTLY PARK THE CARS BECAUSE OH, MY GOD, THERE IS GRASS AND COST $30,000 OR $40,000. THE SECOND TREE IS SURROUNDED BY CONCRETE ON A LITTLE SPACE ISLAND A THRIVING B-5. YOU CAN SEE RIGHT HERE. THIS IS THE AERIAL VIEW. COMPLETELY SURROUNDED BY CONCRETE. AND THIS TREE ISN'T ON THE PROPERTY. HERE IS THE PROPERTY LINE. THIS PROPERTY IS OWNED BY THE SAME OWNER. AND AS YOU SAW IN THE AERIAL, THE TOO HE IS SURROUNDED BY CONCRETE. THEY CAN USE THE CONCRETE THAT IS ALREADY THERE ON THE OTHER SIDE OF THE TREE. THEY ARE STRAIGHTENING THIS ACCESS ROAD RIGHT HERE THAT CURVES SLIGHTLY ON TO THIS PROPERTY. THEY ARE STRAIGHTENING IT IT FOR THIS PROPERTY. AND YOU KNOW WHAT, THEY CAN DRIVE RIGHT AROUND IT, PAUSE AS YOU CAN SEE, THERE IS CONCRETE RIGHT THERE ON THE OTHER SIDE OF THAT TREE. THE ACCESS ROAD THAT THEY ARE TALKING ABOUT STRAIGHTENING IS RIGHT HERE. THIS LITTLE PART RIGHT HERE. THEY CAN GO RIGHT THROUGH HERE. THE ACCESS ROAD THAT -- THAT -- THAT THEY ARE GOING TO USE FOR THE PROPERTY THAT -- THAT YOU ARE CONSIDERING IS NOT THAT ONE. IT IS HERE. THIS IS THE ACCESS ROAD FOR THE PROPERTY THEY ARE CONSIDERING. THIS IS A FENCE. THIS IS THE GATE. IN LEGAL CITATION IS FROM GINA GRIMES. IT HAS NEVER BEEN THE LAW THAT A LANDOWNER IS ENTITLED TO THE HIGHEST AND BEST USE OF THEIR LAND. THEY CAN PAVE 98% OF THE SPACES AND 99.3% OF THE SQUARE FOOTAGE THEY WANT. WANTING EVERY LAST INCH IS NOT A LEGAL BASIS FOR A HARDSHIP OR VARIANCE AND THIS IS WHAT YOU GUYS ARE HERE TO DETERMINE. SUSAN JOHNSON-VELEZ HELD A WORKSHOP THAT VARIANCES ARE NOT SUPPOSED TO BE GRANTED JUST BECAUSE THE PROPERTY OWNER WANTS MORE THAN THE CODE ALLOWS. WELL-ESTABLISHED VARIANCE LAW, THAT THE VARIANCES SHOULD BE RARE AND NOT BE GRANTED JUST BECAUSE SOMEONE WANTS A POOL OR WANTS A GARAGE OR WANTS 2% MORE. PRESERVING THESE TREES DOES NOT STOP THE DEVELOPMENT OF THIS PROPERTY OR ITS REASONABLE USE. THE STAFF REPORT IS INCONSISTENT, BECAUSE IT DOES NOT MEET THE REQUIREMENTS OF THE VARIANCE OR OUR CODE. I QUOTE, INCONSISTENT. THE SITE CURRENTLY LACKS ANY STRUCTURES. LOADING AREAS CAN BE REDUCED TO ACCOMMODATE THE TWO GRAND TREES. EXISTING ROAD IS SERVING PURPOSE OF ACCOMMODATING THE SITE. THE ABSENCE OF STRUCTURES AND FLEXIBILITY TO ADJUST STORAGE AREAS, THE CRITERIA OUTLINED IN 27-284 IS NOT BEING MET. THE BURDEN TO PROVE THE EXISTENCE -- SORRY, LAST YEAR, A VARIANCE WAS DENIED AND THE APPLICANT CHOSE THE OPTION OF APPEALING TO A SPECIAL HEARING OFFICER. HERE IS THE FINAL REPORT BY THE DULY APPOINTED HEARING OFFICER. THEY SAID NO HARDSHIP EXISTED AND GAVE THESE LEGAL CITATIONS FOR SUPPORTING THE DENIAL. THIS IS THE LAW. THE BURDEN TO PROVE THE EXISTENCE OF THE REQUIRED HARDSHIP AND UNIQUE CONDITIONS ARE ON THE APPLICANT SEEKING A VARIANCE. UNDER FLORIDA LAW, A MERE ECONOMIC DISADVANTAGE OR THE OWNER'S MERE PREFERENCE WHAT WE LIKE TO DO WITH THE PROPERTY IS NOT SUFFICIENT TO CONSTITUTE A HARDSHIP EN TITLING THE OWNER TO A VARIANCE. FLORIDA COURTS FIND A HARDSHIP REQUIRED FOR A VARIANCE IS ONLY WHERE THE PROPERTY IS VIRTUALLY UNUSABLE OR INCAPABLE OF YIELDING REASONABLE RETURN AND HARDSHIP MUST BE UNRELATED TO THE SELF-ORIGINATED EXPECTATIONS OF ITS OWNERS. THERE IS NO VESTED RIGHT UNDER FLORIDA LAW TO DEVELOP PROPERTY AT THE MAXIMUM GROSS DENSITY IN THE ZONING DISTRICT OR LAND USE. WHO OTHERWISE WOULD WITH NEGATE THE ABILITY OF THE IS IT I TO REQUIRE SETASIDES FOR WETLANDS, RIGHT-OF-WAY, ETC. THE CITY'S TREE REGULAR REGULATIONS ARE NO DIFFERENT AND MUST BE INCLUDED IN THE DUE DILIGENCE REQUIRED BY THE DEVELOPER. DOES NOT MEET THE REQUIREMENTS OF A HARD HIP OR VARIANCE. THE SITE WAS 3400 SQUARE FEET SMALLER, THEY COULD AND BUILD BUILD THIS. IF THE PROPERTY LINE ALONG ONE SIDE DIFFERENT, THEY WOULD AND COO BUILD THIS. 389,000-SQUARE-FOOT SITE. THIS PROJECT WILL NOT BE DEBIT CARD WITH THE PROPERTY LINE WAS DIFFERENT. IN THEY CAN AVOID CARS DRIVEN ON PAVEMENT. THEY CAN AVOID A TREE WELL AND PLEASE UPHOLD THE DENIAL. AND BE THIS IN CASE ANYBODY WANTS TO LOOK THAT THE. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. NEXT SPEAKER. PLEASE STATE YOUR NAME. BE. >> GOOD AFTERNOON. LORRAINE PERRINO. I AM PRESIDENT OF THE TAMPA TREE ADVOCACY GROUP. THE 2021 URBAN TREE ANALYSIS SHOWED TREE CANOPY IS LOWEST IN 26 YEARS. TAMPA LOST 300 ACRES SINCE 2011. AREA OF SIZE OF FOUR DAVIS ISLANDS. FIVE DAYTIME AREA, 35 LOPEZ PARKS, 2025 TIMES AT AREA OF RAYMOND JAMES STADIUM. THIS IS WHAT 3300 ACRES LOST TREES LOOK LIKE. EVERY RED DOT IS A HOUSE IN SOUTH TAMPA THAT WAS RAZED. DESTROYING ONE OR SEVERAL GRAND TREES. THEY ARE GIANT AIR CONDITIONERS ABSORBING WATER THROUGH THE ROOTS AND RELEASING WATER VAPOR. AIR TEMPERATURES UNDER A TREE ARE UP TO 25 DEGREES COOLER. COOLER SUMMER TEMPERATURES FLOW FROM A HEALTHY TREE PAN KNOW BEE EASING THE DRESS OF TREE ISLANDS AND GLOBAL WARM WILLING. THEY STORE WATER, HELP WITH POLLUTION AND PROVIDE SUPPORT FOR NATIVE WILDFIRE. THE TWO LIVE OAKS BY THE PORT AUTHORITY ARE THE MOST VALUABLE SPECIES OF TREES IN FLORIDA. COMPRISING LESS THAN 12% OF TREES IN TAMPA, LIVE OAKS HAVE CANOPY SPREAD THAN ANY OTHER TREE. TAMPA'S URBAN TREE SEQUESTER 1710 MILLION SOUTH FLORIDA CARBON BE TO THE CITY. A 27% LIVE OAK STORED MORE CARBON THAN ANY OTHER TREE. URBAN TREES MITIGATE THE NEGATIVE NEXT OF POLLUTANTS AND STORMWATER RUNOFF BY CATCHING RAINFALL BEFORE IT HITS THE GROUND PREVENTING IT TO FLOW FROM THE NEAREST BODY OF WATER. 50%, LIVE OAKS CAPTURE MORE RUNOFF THAN ANY OTHER TREE. A HEAVY INDUSTRIAL COMPLEX. AND THIS IS PARTICULARLY IMPORTANT TO TAMPA GRAND TREES ARE PRECIOUS AND MUST BE PRESERVED. TAMPANIANS NEED THEM FOR THEIR OWN HEALTH AND THE HEALTH OF FUTURE GENERATIONS. AND DESPITE THE VALUE OF LIVE OAKS, TAMPA CONTINUES TO DESTROY THEM AS IF THEY WERE SOMEONE'S TRASH, DESTROYING SO MANY GRAND TREES THAT THEY ARE NOW CONSIDERED TO BE RARE. WOULD YOU THROW OUT A PRESSURE SHUGS TREASURE THAT YOU INHERITED? DESTROYING THESE VALUABLE LIVE OAKS IS LIKE THROWING AWAY AN ANCIENT COIN PRICED AT HUNDREDS MILLIONS OF DOLLARS. HOW CAN HE BE SO FOOLISH. WE CAN REPLANT TREES OF THE ONES WE ARE DESTROYING, BUT CAN YOU WAIT 75 YEARS OF THE ONES DESTROYED. AND TREE ORDINANCE MANDATES TO SAVE A GRAND OAK, PLANS MUST BE REASONABLY RECONFIGURED. IF THE PORT AUTHORITIES ASPIRING TO BE A GOOD CORPORATE CITIZEN, IT MUST RECONSIDER TO SAVE BOTH OF THESE VALUABLE TREES. EASY THESY. FOLLOW THE CODE. SAVE THESE GRANDS. REPHRASING JOANIE MITCHELL'S DON'T PAVE PARADISE TO PUT UP A PARKING LO THE. THANK YOU. BE MANISCALCO THAN-- >>GUIDO MANISCALCO: YES, THANK YOU VERY MUCH. PLEASE STATE YOUR NAME. >> STEPHANIE POYNOR. I AM NOT A TREE HUGGER BUT MY FRIENDS ARE. THIS PARKING LOT IS TWICE THE SIZE OF THE PARKING LOT OUTSIDE THIS WINDOW. I DON'T KNOW FINANCE THAT A GRAND TREE OR NOT, BUT A PRETTY DAMN BIG TREE. THE THING THEY ARE TELLING YOU THESE GUYS THAT PULL CARS ON TRACTOR-TRAILERS AND PULL THEM OFF OF TRACTOR-TRAILERS ARE NOT SMART ENOUGH TO PARK AROUND A TREE. HMM. IT IS CONFUSING TO ME. MAYBE I AM TOO STUPID, BUT I CAN GET IN A PARKING SPOT. 10-FOOT X 20-FOOT BASICALLY. LOOK OUT THE WINDOW AT THAT PROPERTY, AND AT LEAST ONE SIZE OF THAT. PROBABLY TWO. FOR A TREE THAT THEY CAN'T FIGURE OUT HOW TO PARK AROUND. OH, MY GOODNESS. AND YOU GUYS KNOW AS MUCH AS ANYBODY THAT I AM ALL ABOUT PREP SERVING INDUSTRIAL LAND. BUT BY GOD, COMMON SENSE BE DAMNED. HERE WE GO AGAIN. YOU GUYS ARE NOT BEING ASKED TO MAKE A DECISION ON WHAT THE POLICY IS. WHAT YOU ARE MAKING A DECISION ON IS MAKING AN EXCEPTION TO THE RULE. BE AND UNLIKE THE ONE EARLIER THE ONE AGREED WITH WHICH A WAS COMMON SENSE TO MAKE THE EXCEPTION. I BELIEVE IN THIS COMMON SENSE, THIS IS A GS SUGGESTIONS. THE CARS ARE SHIPPED HERE WITH PLASTIC COATING. MORE DANGER DRIVING DOWN THE INTERSTATE THAN THEY ARE PARKING CLOSE TO A GRAND TREE OR AN OFF-SITE GRAND TREE. SO I JUST WANT TO REMIND YOU GUY GUYS THE ANNUAL PEN FITS FROM THE TREES -- AND MY TREE FRIENDS GIVING IT TO ME. TOTAL ANNUAL BENEFITS IS $3.6 MILLION. AND YOU KNOW WHAT, WE HAVE LOST SO MUCH OF THE TREE CANOPY. AND LORAINNE SHOWED YOU. EATEN THE TREE CAN MOW BEE ONE TEE AT A TIME. WE HAVE TO LOOK AT THIS AND SAY, THIS MAKES NO SENSE. WHY DO WE NEED SOMETHING TWICE THE SIZE OF OUR PARKING LOT FOR CARS TO PARK -- I AM SORRY, BUT I CAN'T -- I JUST CAN'T. THANK YOU FOR LISTENING. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. ANYBODY HERE FOR PUBLIC COMMENT? ANY ADDITIONAL STAFF COMMENTS? NO? ANYT ANYTHING? >> I WOULD LIKE TO MAKE -- STEVEN EYSTER, WITH DEVELOPMENT AND GROWTH. I WOULD LIKE TO MAKE A FEW ADDITIONAL STAFF COMMENTS. THIS IS THE SITE AS IT STANDS TODAY. THIS IS THE PROPOSED SITE. THE DIFFERENCE A LOT OF TIMES ARE, WE ARE RESTRICTED BY THE SIZE OF THE LOT. RIGHT-OF-WAY RESTRICTIONS. THINGS LIKE THAT. THIS PROPERTY ALL AROUND THROUGH HERE IS ALL RIGHT-OF-WAY OWNED BY THE PORT. THE ACCESS.WHERE THE TREE SITS MERE IS HERE. LET ME USE MY -- SO THIS -- THIS LOT IS BEING SEPARATED BY A FENCE DUE TO WHATEVER AGREEMENTS HAVE TO BE MADE. THE ENTRANCE IS HERE. SO WE HAVE TO COME AND TURN HERE AND THIS IS STRAIGHT AND THE TREE THAT HAS ALREADY BEEN IMPACTED ON THIS EXISTING PORT FACILITY NOW HAS TO BE REMOVED. THIS ACCESS ROAD IS WHAT IS CURRENTLY BEING USED FOR BOTH AND THEY HAVE TO SEPARATE IT OUT DUE TO SECURITY REASONS. OKAY. BUT THIS TREE HAS ALREADY BEEN DEVELOPED AROUND. IT HAS ALREADY BEEN CONCRETED. IT HAS GOT CONCRETE 360. THE ONLY TREE REALLY THAT NEEDS ANY SPECIAL PROVISIONS WOULD BE THIS TREE RIGHT HERE. AND THAT IS MORE CENTRALLY LOCATED BECAUSE OF THE CONCRETE. LIKE STATED BEFORE, THESE TREES COME OUT, THEY HAVE NO SPACE LEFT TO MITIGATE. OVER HERE IS ALREADY BEEN ACCOMMODATED OF GRAND TREES ON THE EXISTING STORMWATER POND. WHERE DOES THE MITIGATION GO FOR THESE TWO. BECAUSE THERE ARE NO BUFFERS LEFT HERE OR HERE. THAT'S IT. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. MISS SUSAN JOHNSON-VELEZ. >>SUSAN JOHNSON-VELEZ: THANK YOU, COUNCIL. SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT. I WANT TO STATE A COUPLE OF THINGS. FIRST OF ALL, THIS IS BEING CONSIDERED UNDER THE VARIANCE CRITERIA. AND I KNOW -- I KNOW THE CODE SECTIONS, BUT THE CODE SECTION IS HARDSHIP. I BELIEVE IT WAS ALLUDED TO IN SOME OF THE PUBLIC COMMENT THAT YOU HEARD, BUT THERE ARE LEGAL STANDARDS WHAT IS OR WHAT IS NOT A HARDSHIP UNDER FLORIDA LAW. AND IT WAS STATED THAT ECONOMIC CONSIDERATIONS ARE NOT SUFFICIENT TO JUSTIFY A HARDSHIP. SO THAT IS PART OF THE ESTABLISHED CASE LAW IN FLORIDA. SO I DID WANT TO REMIND YOU OF THAT. THERE WAS COMP PLAN CONSIDERATIONS LISTED OFF BY THE PETITIONER AS WELL AND THAT SUN CONSIDERATIONS. THE HARDSHIP CRITERIA AND WHETHER OR NOT IT IS SELF-IMPOSED. SO IF YOU HAVE ANY QUESTIONS ABOUT THAT, I WILL BE HAPPY TO ANSWER THEM. THAT IS ALL I HAD AT THIS POINT. >>GUIDO MANISCALCO: ANY QUESTIONS? IF NOT, WE WILL GO TO REBUTTAL. THE PETITIONER HAS FIVE MINUTES OF REBUTTAL, YES, SIR. THANK YOU, COUNCIL. RICKY PETERIKA. I HAVE BEEN SWORN. POINTS QUICKLY. S A COUPLE OF - THE TREE THAT IS ALONG THE ACCESS DRIVE IS LOCATED ON THIS VERY WILD PARCEL OF RIGHT-OF-WAY THAT RUN THROUGH THE ENTIRE PORT. AND I ALMOST CAN'T DESCRIBE MUCH ELSE BUT HAD TO NOTIFY THE ENTIRE PORT BECAUSE OF THE WAY THE PARCEL WORKED. I DON'T WANT TO YOU CONSIDER IT OFF-SITE BUT ON A DIFFERENT PARCEL WITHIN THE PORT FACILITY. THE PROBABLY TEAM TOTALLY AGREES AND UNDERSTANDS THE BENEFITS OF THE TREES AND ME PERSONALLY ON EVERY PROJECT. THIS REQUEST IS SPECIFICALLY THE EXISTING LOCATION OF THESE TREES IN SUCH AN UNIQUE PLACE IN THE CITY WHERE -- I AM GOING TO SAY TIME AND SPACE BLOW DIFFERENTLY THAN ALMOST ALL THE OTHER PROJECTS BEFORE YOU. AND I WOULD LIKE TO HAVE MR. BLAIR SPEAK TO SOME OF THE OPERATIONAL COMPONENTS SINCE THEY KEEP COMING UP AND IS CHARACTERIZED IN MORE URBAN TERMS THAT I THINK THE PORT TECHNICALLY IS. >> GOOD AFTERNOON THANK YOU, AGAIN. AGAIN, THIS ISN'T A PARKING LOT. IT IS FAR FROM A PARKING LOT. AN OPERATIONAL MARINE TERMINAL. AND LACK OF UNDERSTANDING WHAT AN OPERATIONAL MARINE TERMINAL VERSUS A PARKING LOT. NO AIRPORT OR MARINE TERMINAL IN THE UNITED STATES IS AN OAK TREE IN THE MIDDLE OF THE TERMINAL. OPERATIONAL SAFETY HAZARD AND NOT DONE THAT WAY. THE PORT IS HAPPY TO MITIGATE ON PORT FACILITIES AND THE AREA WE PULLED BACK TO MAINTAIN THE OAKS. IF THESE TWO OAKS WERE ALONG THE PERIPHERAL WE WOULD SUCK IN AS MUCH AS NEEDED FOR 300, 400 CAR SPACES. THE FACT IT IS IN THE MIDDLE OF THE LOT. NOT A REQUEST THAT I AM WORRIED OF SAVING 15 SPACES. I AM WORRIED ABOUT THE LOCATION. SHRINK IT IN WHEREVER I HAVE TO. I THINK WHAT RICKY WAS SHOWING YOU WAS THE PORT-OWNED LAND. MITIGATE WHEREVER IT NEEDS TO BE. IF THIS WAS IN THE MIDDLE OF THE LOT, I WOULDN'T BE HERE ASKING FOR YOUR UNDERSTANDING. SO. THANK YOU. >>GUIDO MANISCALCO: THAT'S IT. THANK YOU VERY MUCH. >> I WILL CLOSE IN THE MITIGATION CONSIDERATION. IF SOMETHING THAT COLONEL CAN CONSIDER -- I HOPE YOU CAN -- WE WILL ENTERTAIN A CONDITION TO MITIGATE AT A MINIMUM OF 8 INNOCENCE. AND AT A SQUARE FOOTAGE EQUAL TO THE CANOPY LOSS WHICH WOULD EXCEED STANDARD MITIGATION BY AT LEAST DOUBLE. AND THE TREE WOULD BE THREE TIMES LARGER AT INSTALLED THAN TYPICAL AND WE HAVE THE ENTIRE PORT TO PLACE TREE WHERE IS THEY WON'T BE IN THE MIDDLE OF WORKING MARITIME DOCKS. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. >> THANK YOU. >>GUIDO MANISCALCO: A MOTION TO CLOSE THE PUBLIC HEARING. >>LUIS VIERA: SECOND. >>ALAN CLENDENIN: SECOND. >>GUIDO MANISCALCO: ALL IN FAVOR, SAY AYE. COUNCILWOMAN HURTAK. >>LYNN HURTAK: THANK YOU. IT IS VERY CLEAR -- AGAIN, I -- YEAH, I AM THE ONLY ONE LEFT THAT WAS ON THE VARIANCE REVIEW BOARD. THIS IS SO CUT AND DRY, IT IS NOT EVEN FUNNY. IT IS JUST CUT AND DRY. ECONOMIC DISADVANTAGE IS NOT A REASON FOR A VARIANCE. IT IS NOT A HARDSHIP. SO I WILL SIMPLY MOVE TO AFFIRM THE VR B'S DECISION TO DENY THE VARIANCES REQUESTED IN APPLICATION VRB 24-15 AT 2410 NORTH VERGER BOULEVARD AND 1597 LETHAM STREET TO FAILURE TO MEET THE BURDEN OF PROOF OF COMPETENT, SUBSTANTIAL EVIDENCE OF AN UNNECESSARY HARDSHIP AND PRACTICAL DIFFICULTIES IN CONSIDERING THE FIVE HARDSHIP CRITERIA SET FORTH IN 27-80 WITH, AND GRAND TREE REMOVAL IN 24-284.5.-- DOT 2.5 OF THE CITY CODE, SPECIFICALLY THAT IN SECTION 27-80, SUBSECTIONS A, NUMBER 2, THE HARDSHIP OF PRACTICAL DIFFICULTY DOES NOT RESULT IN THE APPLICATIONS OF THE APPLICANT. A SELF-CREATED HARDSHIP OR PRACTICAL DIFFICULTY SHALL NOT JUSTIFY A VARIANCE AND THIS IS THE VERY DEFINITION OF A SELF-CREATED HARDSHIP. ADDITIONALLY, WILL GO BACK TO SECTION 27-284 OF THE CITY C CODE.2.5. SORRY, A LOT OF PAPERWORK. A LOT OF RULES. NUMBER ONE, SUBSECTIONS C, THE APPLICANT HAS DEMONSTRATED THERE IS NO OTHER REASONABLE RECONFIGURATION OF THE COMPONENTS. BUT CLEARLY BOTH OF THE RECONFIGURATIONS WERE REASONABLE. SO THAT IS MY -- THAT IS MY -- THAT IS MY MOTION. >>GUIDO MANISCALCO: IS THERE A SECOND? CLENDENIN. >>LUIS VIERA: SECOND. >>GUIDO MANISCALCO: COUNCILMAN VIERA WITH A SECOND. CARLSON AND CLENDENIN. >>BILL CARLSON: I COMPLETELY DISAGREE WITH ALL OF THAT. IF THIS FAILS, I WILL MAKE A MOTION TO PASS TO UNDO -- TO OVERTURN THE VR B'S DECISION. MY FRIENDS, HOPEFULLY THEY WILL STILL BE FRIEND IN THE AUDIENCE THAT ARE TREE ADVOCATES KNOW I HAVE ADVOCATED FOR TREES MUCH OR MORE THAN ANYONE OVER THE LAST 20 OR SO YEARS. I AM ALWAYS DEFENSIVE OF TREES; HOWEVER, THIS HAS BEEN INCORRECTLY POSITIONED AS A PARKING LOT OR COMPARED TO DEVELOPERS. THIS IS NOT THE SAME AS A DEVELOPER WHO CAN CHOOSE A HOUSE THAT HAS A TREE -- A HOUSE THAT HAS A TREE OR A LOT THAT DOESN'T HAVE THE TREE. THIS IS THE PORT AUTHORITY -- MAYBE THEY DID A BAD JOB PRESENTING IT, BUT A PORT AUTHORITY THAT HAS VERY LIMITED LAND AND A HUGE STRATEGIC ASSET OF THE CITY. AND WHAT WE -- AND IN EFFECT, WHAT WE WILL BE DOING IS MAKING THEM NOT COMPETITIVE. IT IS NOT ABOUT ECONOMIC HARDSHIP OF LOSING 15 OR 20 SPACES. IT'S THAT HE TESTIFIED THAT THIS IS A VERY COMPETITIVE INDUSTRY, AND WE ARE COMPETING WITH LOTS OF OTHER CITIES INCLUDING SAVANNAH, JACKSON AND OTHERS THAT CAN EASILY TAKE THIS BUSINESS AWAY. THE FACT THAT THIS LAND WAS CREATED BY THE PORT. THE TREE PROBABLY SHOULD HAVE BEEN CUT OUT YEARS AGO BECAUSE SHOULDN'T BE IN THE MIDDLE OF A LAND IN A WORKING PORT IN THE FIRST PLACE. THEY CITED CASE LAW THAT TALKED OF PREFERENCE FOR PORT. NOT EVEN THE SAME AS INDUSTRIAL LAND. THIS IS VERY RARE LAND. DEVELOP VERSE ENCROACHED ON THE PORT. NO MORE LAND TO CONTINUE TO DEVELOP THE PORT. IT IS GOING TO BE A HARDSHIP FOR OUR COMMUNTY IF THESE -- IF THESE CARS ARE NOT ABLE TO COME IN BECAUSE THE PRICE ALSO GO UP. IT WILL CAUSE ENVIRONMENTAL HAZARD BECAUSE TRUCKS WILL BE ON THE ROADS AND TRAINS BRINGING THEM IN FROM OTHER AREAS. ALL KINDS OF REASONS NOT TO DO THIS. TWO TREES IN THE WAY OF A STRATEGIC INDUSTRY OF OUR PORT WHICH IS THE LARGEST ECONOMIC ENGINE IN OUR REGION AND CRIPPLE OUR PORT IF WE DO THIS. >>GUIDO MANISCALCO: COUNCILMAN CLENDENIN. >>ALAN CLENDENIN: I SEE A LOT OF REACHES. IT IS DIFFICULT TO COME TO -- YOU KNOW, I AM -- I HAVE TO BE HONEST WITH YOU WITH THE PRESENTATION. I AM LIKE -- I REALLY WANTED TO START OFF WITH A -- REALLY BEING SUPPORTIVE OF THE PORT. AND I WAS TRYING TO PULL TEETH TRYING TO GET YOU GUYS TO -- YOU KNOW, TO GET WHERE I FEEL LIKE YOU NEEDED TO, AND -- YOU WERE ALMOST THERE, BUT I CAN -- I CAN GET IT. I GUESS I NEED SOME LEGAL ADVICE. FROM SUSAN OR MARTY OR WHOEVER FEELS UP TO THE SUBJECT MATTER TO OFFER THIS. ON THIS ISSUE, WE ARE DEALING WITH TWO TREES. AND TWO VERY DIFFERENT CIRCUMSTANCES. I CAN ACTUALLY STRETCH AND UNDERSTAND THE TREE THAT IS IN THE MIDDLE AND SOME -- MAYBE SOME -- AND HARDSHIP OF OPERATIONAL IMPACT AND THINGS AND BECAUSE OF THE UNIQUENESS OF THE PORT PROPERTY FOR THAT TREE THAT IS IN THE MIDDLE. I AM -- IT IS ALMOST AN IMPOSSIBILITY FOR ME TO GET THAT -- TO REACH THE SAME ON THE EDGE. CAN WE DIVIDE THIS QUESTION AND THEN WOULD THE APPLICANTS BE WILLING TO REACH THE SAME MITT GAMES JUST FOR ONE TREE, IF WE -- FOR THE TREE IN THE MIDDLE? >>SUSAN JOHNSON-VELEZ: SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT. I WILL ANSWER THE QUESTION WHAT YOU CAN STREET THE TWO TREES INDEPENDENTLY AND I WILL LET THE APPLICANT ANSWER THE QUESTION ABOUT MITIGATION. INTERESTING THAT YOU ASK THE QUESTION, BECAUSE THE VRB DID MAKE TWO SEPARATE MOTIONS . THE FIRST ONE FOR THE TREE -- WE WILL CALL IT THE OFF-SITE TREE. I DON'T REMEMBER WHICH ONE -- BUT THE ONE OFF TO THE SIDE NUMBER 13. THAT WAS THE TREE -- OR REQUEST THAT WAS UNANIMOUSLY DENIED. THERE WAS A SEPARATE MOTION TO A PROVE THE VARIANCE FOR THE TREE NUMBER 21 THAT IS KIND OF SORT OF IN KIND OF IN BETWEEN OR IN THE MIDDLE OF THE PROPOSED PARKING SPACES. THE MOTION TO APPROVE THAT VARIANCE DIED FOR LACK OF A SECOND AT THE VRB. SO ANOTHER MOTION WAS MADE TO DENY THAT REQUEST FOR A VARIANCE FOR THE REMOVAL OF THAT TREE. AND THAT IS THE MOTION THAT WAS APPROVED 3-2. SO IF COUNCIL SO CHOOSES YOU WOULD LIKE TO TREAT THE TREES INDEPENDENTLY OR IN TWO DIFFERENT MOTIONS, YOU ARE CERTAINLY WITHIN YOUR DISCRETION TO DO THAT. >>ALAN CLENDENIN: OKAY, SO THAT -- THE SECOND PART OF THAT QUESTION AND I BELIEVE I SAW AN ACKNOWLEDGMENT. >> I APOLOGIZE, MISS JOHNSON-VELEZ. >> WE, WHY WE WOULD AGREE. >>GUIDO MANISCALCO: COUNCILMAN CLENDENIN AND SECOND. THE HEARING IS NOW OPEN. >> RICKY PETERIKA. SORRY FOR INTERRUPTING SUSAN JOHNSON-VELEZ. WE WILL AGREE FOR THE MITIGATION CONDITION FOR ONE OR BOTH TREES. >>ALAN CLENDENIN: YOUR VARIOUS GENEROUS MITIGATION. >> WITH WHICH IS IMPOSED IN THE ATTEMPT -- THAT THE TREE CODE IS DESIGNED TO REPLACE THE CANOPY IN FIVE YEARS. I AM TRYING TO OFFER THAT WE WILL REPLACE THE CANOPY INSTANTLY. >>ALAN CLENDENIN: I PROPOSE THAT WE DIVIDE THIS QUESTION AND DEAL WITH THE TREES INDEPENDENTLY. >>GUIDO MANISCALCO: WE HAVE A MOTION ON FLOOR. WHAT IS THE MOTION MAKER SAY? >>LYNN HURTAK: NOPE. >>GUIDO MANISCALCO: THE MOTION MAKER SAYS NOPE. WE HAVE A MOTION -- LET'S CLOSE THE PUBLIC CLEARING. >>LUIS VIERA: MOTION TO CLOSE. >>ALAN CLENDENIN: SECOND. >>GUIDO MANISCALCO: WE HAVE AN EXISTING MOTION BY COUNCILWOMAN HURTAK. >>LYNN HURTAK: I AM GOING TO SAY BECAUSE WHILE IT IS GENEROUS, YOU CAN'T -- IT DOESN'T MATTER THAT YOU CAN REPLACE THE CANOPY -- YOU CAN NOT REPLACE THAT LIVE OAK. YOU CAN'T -- YOU ABSOLUTELY CAN'T REPLACE THAT LIVE OAK. IT TAKES SO MUCH THAT -- YEAH, YOU CAN REPLACE IT WITH SMALLER TREES, BUT YOU ARE NEVER GOING TO REPLACE WHAT THAT LIVE OAK CAN DO. AND SO I -- I JUST -- I CAN'T. -- YOU KNOW, IT IS NOT A PARKING LOT. IT IS A PORT FACILITY, BUT THERE IS NO WAY WITH THIS OPEN AREA THAT THE PORT FACILITY CAN'T HANDLE THIS. THIS WILL NOT STOP CARS FROM COMING TO THE PORT. IT JUST WON'T. SO IT'S -- NONE OF THIS IS GOING TO -- AND EVEN IF IT DID, ECONOMIC IMPACT IS NOT A CONSIDERATION. IT JUST ISN'T. IN FACT, THEY CAN SUE AND WIN IF THEY TAMPA NOT A ALLOWABLE CONSIDERATION WHEN LOOKING AT IT. IT IS CLEAR. CASE LAW WAS SHOWN TODAY. WE GOT CLARIFICATION FROM OUR LEGAL, THAT ECONOMICS HAS NOTHING DO WITH IT. NOTHING TO DO WITH THE VARIANCE. THE VARIANCE GOES WITH THE LAND. THE VOTE GOES WITH MY MOTION. IF YOU WANT TO VOTE TO TEAR OUT TREES, KNOCK YOURSELF OUT AND THAT WILL NOT BE ME. >>GUIDO MANISCALCO: COUNCILMAN CLENDENIN. >>ALAN CLENDENIN: I UNDERSTAND WHAT YOU ARE SAYING BUT THEY GOT CLOSE ENOUGH FOR ME ON THAT ONE TREE. I GUESS IT IS BECAUSE UNDERSTANDING -- NOT THE ECONOMIC IMPACT OF LOSING THE SPOTS. BUT THE OPERATIONAL IMPACT OF LOSING THOSE SPOTS TO PORT. HARDSHIP TO THE OPERATION -- >>LYNN HURTAK: THAT IS ALSO NOT AN ALLOWABLE HARDSHIP. >>ALAN CLENDENIN: I HAVE GOT -- SO MISS SUSAN JOHNSON-VELEZ. >>GUIDO MANISCALCO: SUSAN JOHNSON-VELEZ. >>ALAN CLENDENIN: TOO MANY NAMES. IS OPERATIONAL IMPACT ON THE -- IS OPERATIONAL IMPACT AND USABILITY OF THE PROPERTY, DOES THAT -- WOULD THAT BE CONSIDERED A HARDSHIP? >>SUSAN JOHNSON-VELEZ: SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT. I DON'T KNOW IF THERE IS ANY SPECIFIC CASE LAW THAT TALKS ABOUT OPERATIONAL FACTORS IN THIS TYPE OF OPERATION. THOSE WERE ALL QUANTIFIED IN TERMS OF ECONOMIC IMPACT. AND I AM CERTAIN THAT THE CASE LAW DOES SUPPORT THE NOTION THAT ECONOMIC HARDSHIPS, IF YOU WILL, ARE NOT SUFFICIENT TO JUSTIFY A VARIANCE. >>ALAN CLENDENIN: ECONOMIC -- I DON'T KNOW, I THINK THAT IS DIFFERENT. >>LYNN HURTAK: ITS EIGHT NOT. LIKE WHAT DO YOU GET FROM OPERATIONAL? YOU GET ECONOMIC BENEFIT. THAT IS THE WHOLE. >>ALAN CLENDENIN: I DON'T KNOW, I THINK WE HAVE APPROVED THESE TYPE OF THINGS FROM HE CANNILY BASED ON THE USABILITY OF THE PROPERTY AND THE HARDSHIP -- THEY ARE LOOKING -- IF THEY ARE LACKING USABILITY OF THAT PROPERTY. >>LYNN HURTAK: AGAIN, IRCOULD SEE THAT IF WE ARE TALKING ABOUT A PROPERTY THE SIZE OF OUR PARKING LOT, BUT WE ARE NOT. >>ALAN CLENDENIN: I CONCUR, BUT ONE SIDE IS OUT OF QUESTION. IT IS NO NONSTARTER, BUT I THINK -- >>LYNN HURTAK: THE WITH UP IN THE MIDDLE IN THE SAME. LITERALLY NONSTARTER. YOU PUT A BOX AROUND IT. AND YOU ARE GOOD TO GO. >>GUIDO MANISCALCO: COUNCILMAN MIRANDA. >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN. I AM LOOKING AT THE PERRER'S REVIEW AND THREE MOTIONS MADE BY THAT BOARD. MOTION TO DENY REMOVAL OF TREE 13 PASSED 5-0. MOTION TO APPROVE THE REMOVAL OF TREE 21 FAILED FOR LACK OF A SECOND. THEN THE THIRD MOTION WAS, MOTION TO COMPLETE DENIAL OF TWO GRAND TREE REMOVALS PASSED 3-2. COMMISSION HAD TO KNOW THERE WERE TWO VOTES AND DEALING WITH THE SAME THING THAT WAS DEALT BEFORE. SO WE CAN'T -- IT FAILED OVER THERE 3-2 BECAUSE -- I MEAN, IF I WAS THE PETITIONER, I WOULD HAVE A PETITION TO REMOVE ONE TREE. BECAUSE ALREADY, THIS BOARD, TOO, SAID THEY WOULD VOTE IN SOME SENSE. BUT YOU CAME UP WITH THE REMOVAL OF THE TWO TREES. AND ONE TRY, I UNDERSTAND IT IS IN THE LEVERAGE OF RIGHT-OF-WAY THAT COULD BE -- THIS PROPERTY OR THE OTHER PROPERTY. I AM NOT SEGUIN TESTING ANYTHING THAT I HEARD FOR GRANTED AND THAT'S WHAT I HAVE DONE. BUT I CAN TELL YOU WHAT I DID. YOU GUY DID IT AND NOT US. >>GUIDO MANISCALCO: COUNCILMAN CARLSON. A MOTION ON THE FLOOR ARE COUNCILWOMAN HURTAK. SECOND FROM COUNCILMAN VIERA. ROLL CALL VOTE. >>ALAN CLENDENIN: YES. >>LUIS VIERA: YES. >>CHARLIE MIRANDA: YES. >>BILL CARLSON: NO. >>LYNN HURTAK: YES. >>GUIDO MANISCALCO: YES. >>CLERK: MOTION CARRIED WITH CARLSON VOTE NOTHING AND HENDERSON BEING ABSENT. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. NEXT ITEM IS ITEM 53. AFTERNOON, CHAIR, MY NAME IS DANA CROSBY COLLIER, I AM ASSISTANT CITY ATTORNEY AND BOARD COUNSEL FOR THE PARRY YO LA TINE KNOW COMMISSION. NUMBER 53, FILE NUM NUMBER BLC-22-185 PROPERTY IS 1715 EAST 4th AVENUE, 1411 NORTH 17th STREET AND 1707 EAST 4th AVENUE IN BEE BORE. OWNERS AND THE AGENTS ARE JIM SHIMBERG AND STEPHANIE GAINES. THE PETITIONER IN THIS CASE IS AN AGGRIEVED PERSON, NI NICK CAPATANO, INC. RENTED BY AGENT MARK BENTLEY WHO SPOKE AT THE MARCH 26, 2024 BLC PUBLIC HEARING ON THIS MATTER. FILE NUMBER BLC-22-185 IS A REQUEST FOR CERTIFICATE OF APPROPRIATENESS FOR A FOUR-LEVEL APARTMENT COMPLEX WITH OVER A ONE-LEVEL PARKING -- PARKING WITH SITE IMPROVEMENTS. FOLLOWING THE PUBLIC HEARING ON MARCH 26, THE BLC UNANIMOUSLY APPROVED THE CERTIFICATE OF APPROPRIATENESS WITH CONDITIONS. THIS MATTER WAS SET FOR CITY COUNCIL VERY VIEW ON JUNE 20; HOWEVER, THE AGGRIEVED PERSON/PETITIONER DID NOT NOTICE THE MATTER. SO THE MATTER IS NOW PROPERLY NOTICED AND BEFORE YOU TODAY. AT THE BLC AND IN ITS PETITION FOR REVIEW TODAY, THE PETITIONER PRIMARILY EXPRESSIONS ISSUES WITH AN OFF-SITE PARKING AGREEMENT THAT WAS ADMINISTRATIVELY APPROVED BY STAFF JANUARY 19, 2024. THIS WAS THREE MONTHS PRIOR TO THE BLC HEARING. THE OFF-SITE PARKING A I AGREEMENT IS A DE-1, ALLOWED UNDER YOUR CODE AND IT IS PERMITTED TO BE SPECIFICALLY WITHIN THE PURVIEW OF THE ZONING ADMINISTRATOR AND NOT THE BLC. IT WAS NOT BEFORE THE BLC WHEN THIS PETITION WAS BROUGHT FORWARD AS -- FOR A CERTIFICATE OF APPROPRIATENESS AND NOT BEFORE CITY COUNCIL FOR REVIEW TODAY. I PROVIDED COUNCIL WITH PACKETS CONTAINING PROCEDURES FOR THIS HEARING, WHERE THE PETITIONER IS SOMEONE OTHER THAN A PROPERTY OWNER. SAMPLE MOTIONS TO ASSIST YOU AT THE END OF THE HEARING, AND THE RELEVANT SECTIONS OF CODE FOR THIS REVIEW. WE LOOKED AT 27-61, THE PROCESS FOR BOARD REVIEW. AND WE ALSO ARE LOOKING IN THIS MATTER AT 27-98, WHICH IS THE CERTIFICATE OF APPROPRIATENESS AS GRANTED BY YOUR BLC. I SPECIFICALLY CALL TO YOUR ATTENTION SUBSECTIONS 27-98-MORNINGS WHICH STATES THAT THE ZONING ADMINISTRATOR AND NOT THE BLC IS THE SOLE ADMINISTRATOR RELATING TO PARKING REQUIREMENTS. CITY COUNCIL WILL APPLY, AGAIN, THE DE NOVO STANDARD OF REVIEW. THIS MEANS YOU ARE NOT LIMITED IN YOUR REVIEW TO INFORMATION, DOCUMENTATION OR EVIDENCE UPON WHICH THE BLC'S DECISION WAS BASED. THE COUNCIL WILL FOLLOW ALL APPLICABLE ORDINANCES AND MAY RECEIVE NEW EVIDENCE AT THIS HEARING. IN A MOMENT MR. RON VILA OF THE BARRIO LATINO COMMISSION STAFF WILL PROVIDE AN OVERVIEW OF THE APPLICATION AND THE BLC DECISION. CITY STAFF IS ALSO AVAILABLE -- ZONING STAFF IS AVAILABLE ONLINE IF YOU HAVE ANY QUESTIONS. AT THE END OF THE HEARING, YOU AI FIRM THE DECISION OF THE BLC AND AFFIRM APPROVING THE CERTIFICATE OF APPROPRIATENESS OF THE FOUR-LEVEL COMPLEX OVER ONE-LEVEL PARKING, OVERTURN THE DECISION OF BLC DENYING THAT CERTIFICATE OF APPROPRIATENESS OR REMAND THE MATTER BACK TO THE BLC FOR FURTHER DIRECTION CONSISTENT WITH YOUR DIRECTION. CITY COUNCIL MAY IMPOSE CAN BE ON THE APPROVAL WITH THE CONCURRENCE OF THE PROPERTY OWNER. I AM HAPPY TO TAKE ANY QUESTIONS FOR WHAT INFORMATION APROVIDED YOU. AND IF YOU HAVE NO QUESTIONS, I WILL TURN IT OVER TO MR. R RON VILA. >>GUIDO MANISCALCO: MR. SHELBY. >>MARTIN SHELBY: COUNCIL, NOTION RECEIVE AND FILE ANYICS PAR DAY COMMUNICATIONS IF THINK. >>GUIDO MANISCALCO: MOTION BY MR. VIERA. SECONDED BY COUNCILMAN MIRANDA. MR. VILA. >>RON VILA: RON VILA, STAFF FOR HISTORIC PRESERVATION AND I HAVE BEEN SWORN. THIS IS THE APPLICATION THAT IS IN FRONT OF YOU THIS AFTERNOON WHICH IS BLC-22-000-185 FOR THE ADDRESS 1707 EAST 4th AVENUE. IN THE HYDE PARK HISTORIC DISTRICT. ATTACHED TO THIS PARCEL OF THE UNDERLYING ZONING OF YC-6. HEIGHT IN THE ZONING APPLICATION COULD GO UP TO 60 FEET. THE REQUEST ACCOMPANIED SQUARE FOOTAGE OF 66,000 SQUARE FEET. IT IS ONE LEVEL OF PARKING WITH FOUR LEVELS OF LIVING ABOVE. THERE WERE NO VARIANCES ATTACHED TO THEIR REQUEST WHEN THEY CAME FORWARD. JUST TO GET YOU FAMILIAR WITH THE SITE. THE RED INDICATES THE YBOR CITY LOCAL HISTORIC DISTRICT. PROPERTY IN QUESTION IS INDICATED BY THE ARROW. IT DOES FACE FOURTH AVENUE. AS THE NORTH FACADE. TO THE WEST, YOU HAVE 17th AVENUE. TO THE 8TH OFF ANGEL AVILA STREET. AND AN OPERATIONAL ALLEY TO THE REAR. THIS IS A CURRENT OVERHEAD. OBVIOUSLY THE PROPERTY IN QUESTION IS HIGHLIGHTED WITH A GREEN PARCEL. AS I STATED, THERE IS AN ALLEY THAT WILL BE OPERATIONAL IF THIS PROJECT COMES FORWARD AND SAY PROVED. THIS IS VERY INSTRUMENTAL. YOU CAN SEE THE DENSITY OF THE ROOF THAT COVERS THE PARCELS OF THE -- OF THE ABUTTING OR THE IMMEDIATE AREA. JUST TO WALK YOU THROUGH THE STREET FACADES. THIS IS PART OF THE PARCEL THAT IS GOING TO BE -- GOING TO BE BUILT UPON. THIS STRUCTURE. THIS WILL BE REMOVED. THIS WAS FORMED AS WE WORK FROM THE EAST TO THE WEST GOING DOWN 4th AVENUE. WE ARE CONTINUING TO THE WEST. THERE IS AN EMPTY PARCEL. THIS WAS A STRUCTURE THAT WAS RELOCATED. THAT IS NOT PART OF THE SUBJECT SITE. TERMINATING AT THE CORNER OF 17th STREET AND FOURTH AVENUE, THIS IS ON THE EASTERN BORDER. AND THEN JUMPING THE STREET, THIS IS FOURTH AVENUE HERE, 17th STREET TO THE EAST. AND THAT IS NEW CONSTRUCTION THATS WAS REVIEWED AND APPROVED BY THE BARRIO LATINO COMMISSION. FOURTH AVENUE TO THE NORTH, YOU HAVE A SERIES OF COTTAGES. I SPOKE ABOUT THE ALLEY THAT IS BEHIND THE SUBJECT SITE. IT IS CURRENTLY OPEN, UNIMPROVED. GOING TO THE SITE PLAN, THE ALLEY IN THE REAR WILL BE A ONE-WAY ALLEY FROM 17th STREET TO ANGEL AVILA SENIOR STREET. THIS TATE FOOT. >>>PRINT OF THE PROPERTY IN QUESTION. YOU SEE HOW IT UNDULATES AND COMES BACK OOP AND LONG THE STREET FACADE, IT HAS AN ELEVATION THAT COMES UP. THEN COMES IN AT THE MAIN ENTRANCE AND CONTINUES OPINION A SMALLER SECTION ON THE EASTERN PORTION OF THE BUILDING. I WANTED TO INCLUDE SOME ELEVA ELEVATIONS. THIS IS THE NORTH ELEVATION, WHICH FACES 4th AVENUE. THIS IS JUST A CLOSE-UP OF THE AREA. OF THE ENTRANCE. THE EXISTING ELEVATIONS. THE SOUTH ELEVATION IS ALONG THE ALLEY. YOU SEE THE VEHICULAR ACCESS ON THE MAIN FLOOR. AND THEN THE FOUR LEVELS ABOVE. AND THEN THE TWO BOOK ENDS, YOU HAVE THE EAST ELEVATION AND THE WEST ELEVATION. AND TO CONCLUDE, THIS RENDERING TO PUT EVERYTHING IN PERSPECTIVE FOR YOU. BLC 22-0000185 FOR THE ADDRESS 1707 EAST 4th AVENUE MADE APPLICATION TO THE BARRIO LATINO COMMISSION ON JUNE -- EXCUSE ME JULY 6, 2022. AND THEN THE FINAL APPROVAL WAS MARCH 26, 2024. FINAL APPROVAL WITH CONDITIONS. STAFF WAS IN COMMUNICATION WITH THE DEVELOPERS THROUGHOUT THE WHOLE PROJECT. YOU SAW IT TOOK CLOSE TO TWO YEARS TO COMPLETE. STAFF'S REPORT THAT IT WAS CONSISTENT WITH YBOR CITY DESIGN GUIDELINES, THE PLANS WE REVIEWED ON MARCH 6, 2024. AND THEN ULTIMATELY WHAT WAS REVIEWED AT THE PUBLIC HEARING. THE PUBLIC HEARING ON MARCH 26, 2024, THE MOTION IS AS FOLLOWS: THE APPLICANT DID ADDRESS ALL OF STAFF'S CONCERNS AT THE PUBLIC HEARING. THE MOTION TO GRANT A CERTIFICATE OF APPROPRIATENESS FOR THE DRAWINGS AND DOCUMENTS PRESENTED AT THE PUBLIC HEARING IN BLC 22-185 FOR THE PROPERTY LOCATED AT 1715 EAST 4th AVENUE. AND THERE WAS MULTIPLE ADDRESSES ASSOCIATED WITH THIS PROJECT. AND ALSO, IT TALKS ABOUT 1707 EAST 4th AVENUE FOR THE FOLLOWING CONDITIONS. SO AS THEY GO THROUGH THE PROCESS, IF IT IS APPROVED TODAY, THESE FOUR BULLET ITEMS WILL HAVE TO BE REFLECTED ON THE DRAWINGS WE REVIEW, FINALLY SIGN OFF ON THEM. AND FORWARD THEM TO THE BUILDING DEPARTMENT. WORK WITH THE CITY STAFF ON 9 ENCROACHMENT PROCESS. THERE IS SOME ENCROACHMENTS ON THE FACADE THAT COME INTO THE CITY RIGHT-OF-WAY. TO LOOK TO EXPLORE A BRICK MATERIAL AT THE ENTRANCE, TO STRENGTHEN THAT CENTER CORE, TO TRY TO DISTINGUISH THE ENTRANCE TO THE USE OF LANDSCAPING AS WELL, AND TO WORK WITH STAFF ON THE FINAL SELECTION FOR LIGHTING, HARDWARE, SIGNAGE AND ACCESSORIES. THAT BE MOTION CAME FORWARD, BECAUSE BASED UPON THE FINDING OF FACTS, THE PROPOSED PROJECT IS CONSISTENT WITH THE BORCHELLER DESIGN GUIDELINES OF THE CITY OF TAMPA FOR THE FOLLOWING REASONS, THAT IS MEETS THE DESIGN CRITERIA FOR NEW CONSTRUCTION BASED ON THE HEIGHT, THE WIDTH, FACADE WIDTH AND SETBACKS WITH THE SIMILARITIES AND DETAILS AND FORMS OF BUILDING MATERIALS AND THAT MOTION CAME FORWARD FOR A 4 MACH -0 VOTE. IT WAS UNANIMOUS. I'M HERE TO ANSWER ANY QUESTIONS. >>GUIDO MANISCALCO: YES, MA'AM. >>LYNN HURTAK: CAN YOU GO BACK TO THE SITE PLAN. I JUST -- WHAT ARE THOSE BLUE THINGS ALONG 4th AVENUE? ARE THOSE APARTMENTS OR ARE THOSE OFFICES? WHAT -- WHAT IS THAT? >>RON VILA: STATES ON THE PLAN AND THE UPPER PORTION THESE ARE MICRO UNITS. THEY ARE SMALL UNITS BUT TRANSITIONAL. >>LYNN HURTAK: OH, OKAY. MY OTHER QUESTION IS, IT SEEMS LIKE BASS APP-- WAS APPROVED. WHAT ARE WE HERE FOR? I WANTED TO KNOW WHY ARE WE HERE? >>ALAN CLENDENIN: WANTED TO KNOW THE SAME THING. >>DANA CROSBY COLLIER: DANA CROSBY COLLIER WITH THE CITY ATTORNEY'S OFFICE. THE PETITIONER IN THIS CASE IS REPRESENTED BY MR. BENTLEY AND HE WILL BE SPEAKING IN A MOMENT. THEY ARE -- THEY ARE AFFECTED PERSONS. THE PROPERTY OWNER RESIDES WITHIN 300 FEET OF THIS PROPERTY. AND THEY AND AT THE HEARING TO OBJECT TO THE PROJECT. SO THE AGGRIEVED PERSON IS NOT THE OWNER. >>LYNN HURTAK: OH, OKAY. THANK YOU. >>GUIDO MANISCALCO: ANYBODY ELSE? THANK YOU VERY MUCH, MR. VILA. NOW THE PRESENTATION BY MR. BENTLEY. >> GOOD AFTERNOON. >>GUIDO MANISCALCO: STATE YOUR NAME. >> MARK BENTLEY, 400 NORTH ASHLEY DRIVE, TAMPA, 33602. GOOD AFTERNOON, COUNCIL. I REPRESENT VARIOUS PROPERTY OWNERS IN THE IMMEDIATE VICINITY OF THE SUBJECT PROPERTY INCLUDING THE CHILLURA A AND CAPITANO INTEREST AND OTHER PROPERTY OWNERS. HERE IS A MAP SHOWING THE SCOPE OF OUR PRESENTATION IN YELLOW. THESE PROPERTY OWNERS BELIEVE THAT AS A RESULT OF APPROVAL BY THE BLC, THEY WILL BE ADVERSELY IMPACTED BY THE MASSIVE SIZE, SCALE AND MASSING AND LACK OF PARKING ASSOCIATED WITH THE SUBJECT PROJECT. TO CRYSTALLIZE THE ISSUE BEFORE CITY COUNCIL TODAY, THE -- THE DISPUTE IS CONCERNING THE BLC'S DECISION AND OUR CLIENT'S BELIEVE THAT THEY HAVE FAILED TO PROP PROPERLY APPROVED THE CRITERIA IN THE HISTORIC DISTRICT. THIS THE CRITERIA INCLUDED PER CODE -- AND I WILL TAKE ISSUE WITH WHAT MISS CROSBY SUGGESTED TO YOU THAT PARKING IS NOT AN ISSUE BEFORE THE BARRIO LATINO. BUT THE CODE SAID MUST CONSIDER THE APPLICATION OF THE COMP PLAN, CHAPTER EVERY 27, INCLUDING PARKING REQUIREMENTS AND THE CRITERIA SHE IDENTIFIED THAT ARE BEFORE YOU THAT ARE APPLIED TO A C.A. AND WHICH IS FUNDAMENTALLY THE CRITERIA FOR C.A. IS NOT GENERALLY COMPATIBILITY. SLIDE 3, RYAN. THE BLC IS CHARGED WITH THE RESPONSIBILITY OF ENSURING COMPATIBILITY AND THE PRIMARY DISTRICT IS ONE-STORY HISTORIC FAMILY HOMES. I NOTICED THE PHOTOS, RON SHOWED ONE SHOT OF A BUNGALOW. BUT THAT IS PRIMARILY THE MAJORITY USE IN THE VICINITY OF THE SUBJECT PROPERTY. THE PROJECT IS CURRENTLY DESIGN WILL HAVE A DEVASTATING IMPACT AND FOREVER ALTER THE CHARACTER OF THIS AREA AND EXACERBATE AN EXISTING SITUATION. SLIDE 4. THE TAMPA COMPREHENSIVE PLAN HISTORIC PRESERVATION ELEMENT SUGGESTS THAT LARGER HOMES IN NEIGHBORHOODS OF TRADITIONALLY SMALLER HOMES IN HISTORIC DISTRICT SHOULD NOT AFFECT THE NEIGHBORHOOD AND CHARACTER OF THE HISTORICALLY SIGNIFICANT STRUCTURES. THE PLAN ALSO TALKS ABOUT PARKING IN TERMS OF COMPATIBILITY THAT YOU NEED TO EVALUATE PARKING AS WELL. JUST IN PASSING, COUNCIL, AND TO THE BENEFIT OF YOUR LEGAL COUNSEL, MR. SHELBY, THAT THE YOU WILL /* WE NOTICE THAT THE BLC NEEDS TO MAKE FINDINGS OF FACTS IN THEIR WRITTEN ORDER. IF YOU EXAMINE THEIR DECISION WHICH IS PROBABLY IN THE BACK-UP, IT FAILS TO INCLUDE THE REQUIRED INFORMATION IS THEREFORE AND ENOUGH FOR THE COUNCIL JECT THE BLC'S DECISION. SLIDE FIVE, THE PROJECT, IS CC-35. LAND USE CATEGORY. THAT I A LOWS AS OF RIGHT EITHER A F.A.R. OF 2.0 OR 30 UNITS PER ACRE. PROJECT .4 ACRE IN SIZE AND APPLY 30 UNITS PER ACRE ALLOW FOR ROUGHLY 25 UNITS; HOWEVER, 93 UNITS ON THIS PROPERTY. HOW DID THAT HAPPEN? SO IF YOU LOOK AT THE TAMPA COMPREHENSIVE PLAN, IT ONLY ALLOWS A USE OF F.A.R. IF IT IS DETERMINED -- THAT IS ON THE SLIDE HERE -- TO BE COMPATIBILITY AND I WILL QUOTE FROM THE COMP PLAN BECAUSE THIS IS IMPORTANT. IF F.A.R. A APPLIED TO A RESIDENTIAL PROJECT TO DETERMINE A SITE'S MAXIMUM DENSITY POTENTIAL, DEVELOPMENT WILL BE COMPATIBILITY IN SIZE AND SCALE TO THE SURROUNDING RESIDENTIAL BUILT ENVIRONMENT. WHAT THAT MEANS YOU CAN'T SIMPLY -- YOU ARE SIMPLY NOT ENTITLED TO USE THE MAXIMUM F.A.R. NEEDS TO BE AN ANALYSIS IN TERMS OF THE COMPATIBILITY OF THE SURROUNDING NEIGHBORHOOD ENVIRONMENT BASED ON MASSING AND SCALE. THINGS LIKE THAT. IF COUNCIL REVIEWED THE RECORD NO ONE MADE THE DECISION THAT 93 UNITS INSTEAD OF 25 WAS COMPATIBLE WITH THE SCALE OF THE BUILT-OUT ENVIRONMENT. THAT WAS NOT DONE. CONTINUE SITUATION IS EXACTLY WHY CITY COUNCIL WITH INPUT FROM ITS PROFESSIONAL ZONING STAFF AND THE PUBLIC SHOULD MAKE THESE ZONING DECISIONS AS WITH ALL DUE RESPECT THE BLC IS NOT EQUIPPED TO DO THAT. IN OTHER WORDS, COUNCIL TAKES A HOLISTIC LOOK AT A PROJECT AND NOT JUST A FEW COMPONENTS. SLIDE SIX. SO HERE IS THIS LARGE -- WE CALL IT RECTANGULAR BOX THAT IS BEING DROPPED INTO THE NEIGHBORHOOD. YOU CAN SEE 265 LINEAR FEET LONG ON 4th. 60 FEET DEEP. AND 60 FEET IN HEIGHT. IT IS CALLED "THE FINAL SOLUTION." THIS IS A SITUATION THAT COUNCIL OFTEN HEARS A SUGGESTION THAT A DEVELOPER IS TRYING TO PUT TEN POUNDS OF SUGAR IN A FIVE POUNDS OF BAG. HAPPENING HERE. WHAT IS - LET'S GO TO SEVEN. HERE IS THE SURROUNDING NEIGHBORHOOD. THESE HISTORIC HOMES. THIS IS DIRECTLY NORTH. NEXT SLIDE. THIS IS DIRECTLY EAST OF THE SUBJECT SITE. WHAT'S INTERESTING HERE -- AND WE WILL TALK ABOUT IT IN A SECOND -- ALL THE PARKING ON 4th IN FRONT OF THESE -- SINCE THESE HOMES CAN'T PROVIDE PARKING ON-SITE, THEY HAVE PERMITS TO PARK ON THE RIGHT-OF-WAY. THAT IS IMPORTANT HERE BECAUSE WHEN WE START TALKING OF THE PARKING DEFICIENCY WITH RESPECTS TO THE PROJECT, HOW IT WILL IMPACT THE NEIGHBORHOOD AS WELL. AND SLIDE 9. THIS IS A SUBJECT SITE TO BE DEVELOPED THAT HAS AN EXISTING BUNGALOW. WHAT THEY INTEND TO DO BASED ON OUR REVIEW OF THE PLAN IS NOT SHOW A WHOLE LOT OF RESPECT TO THIS STRUCTURE EITHER IS TO PUT A 60-FOOT WALL RIGHT UP NEXT TO THE SIDE OF THIS BUILDING. SO WE TALK OF 27-98. HERE AGAIN, THE MAIN CHARGE OF THE BLC IN THE FIRST PARAGRAPH SAYS SHALL CONSIDER THE COMPATIBILITY OF THE NEW CONSTRUCTION WITHIN THE EXISTING CHARACTER OF THE YBOR CITY DISTRICT. EXISTING CHARACTER. OKAY. I SHOWED YOU WHAT THE EXISTING CHARACTER OF THE IMMEDIATE NEIGHBORHOOD. AND IT SAYS, WHEN YOU ARE DOING THAT, CONSIDER SCALE, HEIGHT, WIDTH, MASSING, BUILDING FORM, ETC., ETC. SO JUST BASED ON COMPATIBILITY AND THE TRAFFIC IMPACT ALONE, THE BLC NEVER QUESTIONED 25 UNITS -- AND THE BURKSLC 25 VERSUS 39 UNITS AND DID NOT HEAR ANY TESTIMONY OR EVIDENCE TO SUPPORT 93 UNITS. THE PROJECT IS CLEARLY NOT COMPATIBLE. I WANT TO TALK ABOUT THE IMPACTS OF THE PROJECT. WHAT I JUST MENTIONED TO YOU. A TYPICAL SIGN IN FRONT OF THESE UNITS ON 4th AVENUE. IT SAYS RESIDENTIAL PERMIT REQUIRED. NEXT SLIDE. I WANT TO TALK OF THE PARKING DEFICIENCY. WE ARE NOT HERE TO CHALLENGE THE VALIDITY OF THE DE-1 ISSUED BY THE CITY EVEN THOUGH THE INFORMATION PROVIDE BY THE APPLICANT WAS INACCURATE AND INDUCED THE CITY KIND OF ON FALSE PRETENSES OF THE PERMIT. AND WE WILL TALK ABOUT THAT IN A SECOND. SO THE APPLICANT PURPORTED TO HAVE A LEASE AT THE SUBJECT PROPERTY. AND ALL -- UNDER 12 HERE, BLC IS SUPPOSED TO CONSIDER PARKING UNDER CHAPTER 27 AS I MENTIONED AT THE BEGINNING OF THE PRESEN PRESENTATION. SO IN THIS CASE, THE DEVELOPER, BECAUSE HE HAS A MAX OUT THE F.A.R. WITH NOT FULFILL PARKING ON-SITE. THE DEVELOPER ENTERED INTO A LONG-TERM LEASE AGREEMENT AS REQUIRED BY THE CITY CODE. BUT SINCE IT HAS A 90-DAY TERMINATION PROVISION, IT IS ACTUALLY A REVOCABLE LICENSE UNDER FLORIDA LAW. IF YOU CAN TERMINATE UNILATERALLY A LEASE THAT IS SUPPOSED TO BE SEVEN YEARS AFTER 90 DAYS, IT IS NOT A LEASE. YOU CAN CALL IT A LEASE. YOU CAN CALL IT WHATEVER YOU WANT. THEY NEVER GOT A LEASE. SINCE IT IS A 90-DAY TERM NATION PROVISION, NOT A LONG-TERM LEASE AS REQUIRED BY THE CITY. ALSO THE SECOND REQUIREMENT BY THE CITY, THAT PARKING HAS TO BE WITHIN 1,000 LINEAR FEET WHICH IT IS NOT. I DON'T WANT TO HARP ON THAT TOO MUCH. IMPORTANTLY, THE OWNER OF THE PARKING AREA THAT IS THE -- THE LESSOR OR THE SUBJECT PURPORTED LEASE HAS ALREADY PROVIDE AN ANTICIPATORY OF THE LEASE. THE MIND'S EYE. ADDRESSED TO MR. ANDY SCAGLIONE. IT SAYS THE PARKING AGREEMENT SIGNED WITH LION'S IS ONLY TEMPORARY AND NOT LONG-TERM. AGREEMENT HAS A 90-DAY EXIT CLAUSE AS WE PLAN TO BUILD ON THE PROPERTY IN THE NEXT YEAR OR SO MAKING IT UNAVAILABLE FOR PARKING. 93-UNIT PROJECT WITH A THIRD OF THE PARKING A QUARTER MILE AWAY. NOW THEY WILL NOT HAVE THE RIGHT TO PARK AND MEET REQUIRED CODES. NOW WHAT HAPPENS TO THOSE CARS THAT WERE INTENDED TO PARK IN THIS OFF-SITE PARKING LOT? THE PROJECT HAS 3,000 SQUARE FOOT OF RETAIL TOO THAT REQUIRES PARKING. UNDER FLORIDA LAW, I THINK THIS IS BLACK LETTER LAW, MR. SHELBY, YOU MIGHT HOPEFULLY AGREE WITH ME FOR ONCE IS A PERMIT ISSUED IN VIOLATION OF LAW OR MISTAKE A FACT SOMEBODY VOID. IF YOU FILE AN APPLICATION WITH THE CITY AND MISREPRESENT THE FACT TO INDUCE THE CITY TO THE PERMIT, THAT IS A VOID OF A PERMIT. THE CITY RELIED UPON INACCURATE INFORMATION AND ERRONEOUSLY ISSUED A PARKING PERMIT. THE PURPORTED LANDLORD SAID THE PARTIES OVER. YOU WILL NOT HAVE THE RIGHT TO PARK. SO THEY DO NOT HAVE PARKING, AND THE BLC DID NOT PROPERLY REQUIRE PARKING AS IT IS REQUIRED TO DO SO UNDER THE REVIEW CRITERIA. WE BROUGHT UP THE ISSUES DURING THE BLC. THE ATTORNEY FOR THE BLC TRIED TO SHUT US DOWN. THEY HAVE A DE-1 SO YOU CAN'T TALK OF PARKING. BUT ON THE CON TARRY, THE CODE SAYS YOU SHOULD CONSIDER PARKING AND WE IDENTIFIED ALL OF THESE DEFECTS. WE ARE NOT HERE TO APPEAL THE DE-1. THE WAY THE PROCESS WORKS, COUNCIL, THAT IS NOT EVEN PUBLISHED AND TEN DAYS TO FILE THE APPEAL AND PEOPLE DON'T KNOW ABOUT THAT. THE POINT IS, FLOSS LEASE W-- THERE IS NO LEASE WITH THIS PROPERTY. IN CONCLUSION, WE ARE NOT OPPOSED TO DEVELOPMENT BUT SEEKING A COMPATIBLE PROJECT OF CHARACTER IN TERMS OF MASSING AND SCALE IN THE SURROUNDING A AREA THAT ALSO HAS SUFFICIENT PARKING. WE WANT TO OFFER UP A COUPLE OF SOLUTIONS. WE DON'T WANT TO SEE THE PROJECT KILLED OFF, IT IS JUST TOO BIG OF A PROJECT. 93 UNITS. AND HERE AGAIN, THE COMP PLAN WITHOUT THE F.A.R. SAYS IT SHOULD BE 25 UNITS. ONE OF THE TO OPTIONS MIGHT BE, AND ARE HE RATES TO THE NECESSITY FOR ADDITIONAL PARKING, REDUCE THE SCALE AND MASSING WHICH WILL REDUCE THE PARKING DEMAND. OR IN THE ALTERNATIVE, THE DEVELOPER APPLIES FOR A THE ALTE DEVELOPER APPLIES FOR -- THE EQUIVALENT OF A PD SO THE NEIGHBORS CAN WEIGH IN AND CITY COUNCIL WITH ITS PLANNING COMMISSION AND ZONING STAFF CAN ADDRESS THESE ISSUES CONCERNING COMPATIBILITY, INCLUDING PARKING DEFICIENCIES. SO THANK YOU VERY MUCH FOR YOUR TIME. APPRECIATE IT. >>GUIDO MANISCALCO: COUNCILWOMAN HURTAK. >>LYNN HURTAK: QUESTIONS FOR STAFF. WHAT IS THE PARKING REDUCTION ASKED FOR IN THIS? >> THERE IS NO PARKING REDUCTION. >>LYNN HURTAK: I UNDERSTAND. BUT TAKING THE OFF-SITE PARKING AWAY, LIKE, HOW MUCH PARKING DO THEY HAVE FOR WHAT THEY NEED? >> THEY DISPLACED 29 SPOTS THAT WERE SUPPOSED TO BE ON-SITE TO A SEPARATE LOCATION THAT MET CITY OF TAMPA CODE AT THE TIME. IT WAS REVIEWED BY THE ZONING DEPARTMENT AND NO PROJECT GOES FORWARD IN FRONT OF THE ARC OR BLC WITHOUT ALL THEIR ENTITLEMENTS IN PLACE. SO THE NUMBER OF UNITS IS A MOOT POINT. THE PARKING MET THE CRITERIA AT THE TIME THAT THE BARRIO LATINO COMMISSION LOOKED AT THIS PROJECT. EVERYTHING FELL INTO PLACE. >>LYNN HURTAK: OKAY. THANK YOU. ONE MORE QUESTION. THE UNIT, WHEN I LOOKED AT THE SITE PLAN, IT LOOKED LIKE THEY WERE ONE BEDROOMS AND STUDIOS. >>DENNIS FERNANDEZ: THERE ARE MULTIPLE DIFFERENT UNIT TYPES IN THERE. >>LYNN HURTAK: BUT THEY ARE SMALL.% >> SOME ARE ENTRY LEVEL AND SOME UP TO ONE AND TWO BEDROOMS. THE CONFIGURATION HAS CHANGED OVER TIME. I DON'T KNOW WHAT THE ULTIMATE COUNT OUT TO. BUT YOU HAVE THE DEVELOPER WHO IS GOING TO SPEAK NEXT. >>LYNN HURTAK: OH, I DIDN'T REALIZE THAT. THANK YOU. >> MR. CHAIRMAN, I LEFT OUT ONE POINT. CAN I MAKE FOR TEN SECONDS? I THINK MS. HURTAK RAISED A GOOD POINT. MARK BENTLEY ONCE AGAIN. IN ALL THE CITY OF TAMPA, THE MOST MINUTE PAL PARKING REQUIREMENTS ARE IN YBOR CITY -- MINIMAL PARKING REQUIREMENTS ARE IN YBOR CITY. NOT THE BALANCE OF THE CITY. IT IS SIMPLY ONE PARKING SPACE PER UNIT, WHERE THE BALANCE OF THE CITY, YOU GO BY BEDROOMS, GUEST PARKING AND THINGS LIKE THAT. THIS PROJECT COULDN'T EVEN MEET THE MOST MINIMAL PARKING STANDARD THAT YOU HAVE IN THE CITY OF TAMPA. >>GUIDO MANISCALCO: FOR THE RECORD, HE STILL HAD TIME LEFT IN HIS 15 MINUTES. >> JUST FROM THE CITY'S POSITION, HE'S CORRECT BY STATING THAT THE PARKING IN THE YBOR CITY AREA IS REDUCED, BUT AT THE TIME THIS PROJECT CAME FORWARD IT MET THE CODE THAT'S IN PLACE. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. NEXT UP, WE HAVE THE PROPERTY OWNER OR REPRESENTATIVE. SIR, YOU HAVE 15 MINUTES. PLEASE STATE YOUR NAME. >> GOOD AFTERNOON, COUNCIL. MY NAME IS JIM SHIMBERG, 1001 WATER STREET, HERE REPRESENTING DON CLENDENIN AND JIM HETTINGER, THE DEVELOPERS OF THE PROJECT. ALSO WITH ME IS STEPHANIE GAINS, THE ARCHITECT WITH OVER 30 YEARS OF EXPERIENCE DESIGNING PROJECTS IN YBOR WHO CAN SPEAK IN A LITTLE MORE DETAIL IN A SECOND. FIRST OF ALL, LET'S TALK ABOUT GOOD FAITH FOR A MINUTE. OUR CLIENT BOUGHT THIS PROPERTY 2022. THEY WORKED WITH STAFF. THEY WORKED WITH THE NEIGHBORHOOD. THEY'VE HAD MEETINGS WITH SOME OF MR. BENTLEY'S CLIENTS. THEY INTENDED TO DESIGN A PROJECT THAT CAME TO THE BLC WITH NO WAIVER REQUEST. THEY MET THE PARKING BY AN OFF-SITE PARKING AGREEMENT. UNFORTUNATELY, THIS WAS I THINK EITHER OUR FOURTH OR FIFTH OFF-SITE PARKING AGREEMENT BECAUSE EVERY TIME WE ENTERED INTO ONE, THE PERSON CALLED US BACK AND SAID, SORRY, WE NEED TO TERMINATE. DON'T KNOW WHY, BUT HAPPENED MULTIPLE OCCASIONS. THIS PARTICULAR AGREEMENT WITH THE LIONS EYE INSTITUTE, I KNOW MR. BENTLEY PRODUCED AN E-MAIL TO MR. ANDY SCAGLIONE, WHO IS NOT MY CLIENT. MY CLIENT HAS BEEN PAYING $1600 TO LIONS EYE INSTITUTE EVERY MONTH AND SPOKE TO THEM AS RECENTLY AS YESTERDAY AND TOLD THEM THEY HAD NO PLANS TO EXPAND. I ALSO TOTALLY DISAGREE THAT WE MISREPRESENTED ANYTHING. WE CAME TO THE CITY WITH A PROJECT THAT HAD BEEN THOROUGHLY VETTED BY STAFF, WE VIEWED JUST LIKE THE LAST HEARING YOU LOOKED AT WHERE YOU LISTENED TO WHAT THE VARIANCE REVIEW BOARD DECIDED. IN THIS CASE, WEIGHED PROJECT WHERE OUR CLIENT WORKED VERY CLOSELY WITH MR. VILA AND MR. FERNANDEZ AND THEIR STAFF IN COMING UP WITH A PROJECT THAT CLEARLY MET ALL THE CODES. AND MS. GAINS CAN SPEAK TO THAT IN A SECOND. THE BLC HAD A VERY THOROUGH HEARING WHERE THEY CONSIDERED ALL OF THE APPLICABLE STANDARDS AND REQUIREMENTS. THEY SPOKE TO EACH ONE OF THOSE ISSUES IN DETAIL. THEY VOTED UNANIMOUSLY TO SUPPORT THE PROJECT. THEY WERE CLEARLY TOLD AT THE BEGINNING THAT THE OFF-SITE PARKING AGREEMENT HAD BEEN APPROVED BY STAFF. IT WAS A STAFF APPROVAL. THEY COULD HAVE APPEALED THAT THROUGH A DIFFERENT MECHANISM. IF FOR SOME REASON THE PARKING AGREEMENT GETS TERMINATED, OUR CLIENT WILL GET ANOTHER PARKING AGREEMENT BEFORE THEY MOVE FORWARD WITH THE PROJECT. THAT'S NOT THE ISSUE. I UNDERSTAND THAT MR. BENTLEY'S CLIENTS ARE CONCERNED ABOUT OFF-STREET PARKING, BUT THAT IS A VALID ISSUE, NO ONE IS ENTITLED TO THOSE OFF-STREET SPACES. THAT'S WHY OUR CLIENT ENTERED INTO AN OFF-SITE PARKING AGREEMENT AND TOOK OUT THE PROVISION THAT SAID WE COULD CANCEL IT. WE CAN'T CANCEL THE AGREEMENT. THE ONLY PERSON THAT CAN CANCEL IT IS THE OTHER SIDE. WE EVEN STARTED PAYING THEM 8 OR 9 MONTHS AGO, WHICH IS UNHEARD OF. NOBODY DOES THAT. ANOTHER PROJECT IN YBOR WHERE YOU START PAYING WHEN YOU USE THE PARKING SPACES. WE HAVEN'T USED ONE PARKING SPACE AND PAID THEM $1600 A MONTH FOR THE LAST EIGHT OR NINE MONTHS. WE CONTINUE TO KEEP DOING THAT FOR THE PROJECT TO HAVE THE APPROPRIATE PARKING. LET ME ASK MS. GAINES TO COME UP A MINUTE AND SPEAK TO HOW THE PROJECT WAS DESIGNED TO MEET THE SCALE AND SCOPE OF YBOR REQUIREMENT. >>LYNN HURTAK: CAN I JUST ASK YOU A QUESTION ABOUT PARKING WHILE WE'RE HERE? >> SURE. >>LYNN HURTAK: WE ARE ALLOWED TO ENTER -- TO GET NEW INFORMATION, AND I WOULD JUST BE CURIOUS -- I DON'T EVEN KNOW IF THIS IS SOMETHING WE CAN DO, BUT WOULD YOU BE WILLING TO HAVE -- WHAT IS THE WORD I'M LOOKING FOR? SOMETHING ADDED TO THE SITE PLAN THAT SAYS THAT FOLKS WHO ARE IN THIS DEVELOPMENT WOULDN'T BE ALLOWED TO APPLY FOR A STREET PARKING DECAL? WE CAN'T DO THAT. OKAY. THEN NEVER MIND. THANKS. >>GUIDO MANISCALCO: YES, MA'AM. PLEASE STATE YOUR NAME. >> STEPHANIE DECEMBER GAINES WITH BRO ARCHITECTURE. WE ARE A RECENT MERGER OF KERT GAINES ARCHITECTURE. TWO TAMPA BASED FIRMS ONE OVER 50 YEARS OLD AND ONE 30 YEARS OLD. WE'VE BEEN WORKING IN THIS AREA FOR THE 30, 40 YEARS. I'M NOT HERE TO TOUT MYSELF, JUST TO SAY THAT OUR CLIENTS WHO ARE DEVELOPERS FROM PHILADELPHIA AND KEY WEST, HIRED PEOPLE WITH A LOT OF EXPERIENCE. WE'VE DONE ALL SORTS OF PROJECTS FROM LITTLE TINY SINGLE-FAMILY ADDITIONS TO THE UNION PHASE ONE OF GASWORX WHICH IS BEING COMPLETED NOW. WE'VE DONE LOTS OF SINGLE-FAMILY HOMES. WE'VE WORKED WITH THE BLC STAFF I THINK BEFORE RON EVEN GOT THERE. I DON'T WANT TO AGE MYSELF, BUT, YOU KNOW, WE THOROUGHLY ACKNOWLEDGE AND APPRECIATE THE JOB THAT THE STAFF HAS OF ENFORCING THE YBOR CITY GUIDELINES. THERE ARE THREE PAGES IN THE 95-PAGE DOCUMENT THAT ARE RELATED TO NEW CONSTRUCTION. THREE PAGES. THESE WERE WRITTEN -- THEY ARE THE SAME GUIDELINES I'VE BEEN USING TO WORK WITH ON PROJECTS FOR OVER 30 YEARS. AND I'M NOT BLAMING STAFF. I'M SURE IT'S A TIME ISSUE, BUT THEY ARE OUTDATED. AND I THINK THAT A LOT OF PEOPLE DON'T UNDERSTAND. WHEN YOU FIND HOLES IN THE GUIDELINES WHERE VERY LITTLE IS DEFINED, THEN YOU ARE TO GO TO THE NATIONAL PARK SERVICE GUIDELINES. AND, OF COURSE, THOSE ARE VERY THOROUGH, VERY INVOLVED AND THAT IS WHAT WE USE. WE WORKED WITH STAFF. WE SPENT TWO HOURS IN THE OFFICIAL REVIEW PROCESS -- TWO HOURS -- TWO YEARS FROM, YOU KNOW, IF I BACK UP FROM TODAY. BEFORE THAT, WE SPENT A YEAR WORKING WITH STAFF BEFORE WE MADE AN OFFICIAL APPLICATION. THESE CLIENTS, I HAVE TO CORRECT JIM ON ONE THING, THESE CLIENTS ACTUALLY ORIGINALLY PLANNED ON SUBMITTING FOR, AND DID ACTUALLY MAKE APPLICATION THAT THEY WITHDREW BECAUSE IT WAS BASED ON A REQUEST FOR A VARIANCE OF PARKING. WE HAVE 63 SPACES ON-SITE AND WE'RE DEDICATING 22 ADDITIONAL NONTRADITIONAL PARKING SPACES FOR OTHER TYPES OF VEHICLES. BUT AFTER MEETING WITH SEVERAL NEIGHBORHOOD GROUPS AND STAFF WITH THE BLC, WE REALIZED THAT THE TIMING WAS NOT RIGHT TO ASK FOR A VARIANCE. THERE ARE A LOT OF UNDERLYING PARKING ISSUES IN YBOR NOW THAT THIS PROJECT CAN'T SOLVE. BUT WE CERTAINLY WEREN'T GOING TO MAKE IT A WORSE PROBLEM. SO THAT'S WHEN WE WITHDREW OUR APPLICATION AND CAME BEFORE THE BOARD WITH A PROJECT THAT MET PARKING REQUIREMENTS BY PROVIDING THE OFF-SITE PARKING. THE UNITS, SORRY, I JOTTED DOWN A LOT OF NOTES AND I'M GOING TO BE PROBABLY RAMBLING. THE ISSUE OF GOING WITH YC 9, YOU KNOW, THAT IS A PLANNED DEVELOPMENT REQUEST THAT NORMALLY WHEN WE WORK WITH DEVELOPERS, THE VERY FIRST THING WE DO IS TRY TO DESIGN A PROJECT THAT MEETS THE CRITERIA GIVEN, THAT IS WITHIN THE RIGHT, WITHIN THE ZONING CODE. AND YC 9 IS RESERVED FOR THOSE PROJECTS THAT NEED ALL KINDS OF EXCEPTIONS TO THAT BASE ZONING. WE'RE NOT ASKING FOR ANY EXCEPTIONS TO THE CURRENT ZONING OR TAMPA COMPREHENSIVE PLAN. I THINK THAT THE LOCATION OF THE PROPERTY, WHICH I WILL SHOW YOU, I KNOW EVERYBODY KNOWS WHERE IT IS, BUT I THINK IT'S IMPORTANT FOR A COUPLE OF REASONS TO SHOW YOU THIS, IF I COULD. WHICH IS 3D OF THE AREA WITH THE ZONING AREAS DEPICTED. IT'S A LITTLE HARD TO TELL, BUT THE DARKER YELLOW OR THE ORANGE COLOR IS THE YC 7 DISTRICT, WHICH IS ONE TWO-STORY DWELLING NEIGHBORHOOD ZONING. AND THE YC 6, WHICH IS WHAT WE'RE IN, IS A TRANSITIONAL ZONE BETWEEN THE LARGER SCALE BUILDINGS TO THE SOUTH ALONG ADAMO. FOR REFERENCES, THIS IS VERY KEY ASPECT. I HAVE THE ENTIRE BLC PRESENTATION HERE, AND I WOULD LOVE TO SHOW IT TO YOU, BUT THAT'S NOT WHY WE'RE HERE. I'M TRYING TO MAKE IT AS BRIEF AS POSSIBLE. CIGAR FACTORIES WERE TRADITIONALLY IN NEIGHBORHOODS RIGHT NEXT TO ONE-STORY HOMES, TWO-STORY HOMES. WE ARE CHARGED BY THE GUIDELINES TO FIND A REFERENCE FOR DESIGNING OUR BUILDING AND THE REFERENCE THAT WE USE ARE CIGAR FACTORIES. THIS CIGAR FACTORY IS A BLOCK AWAY FROM THE PROJECT. HERE IS OUR PROJECT. HERE IS THE CORRAL WODISKA BUILDING WHICH WHAT THIS IS. THIS IS A NEW PROJECT, I SAY NEW, PROBABLY 15, 20 YEARS OLD NOW, BUT APPROVED BY THE BLC WHICH IS DIRECTLY ADJACENT TO THE PROPERTY. SO IT IS A LARGER SCALE BUILDING THAN THE IMMEDIATE SURROUNDING HOMES, BUT IT STILL FITS IN THE CHARACTER THAT MAKES YBOR CITY WHAT IT IS, WHICH IS A LIVING, WORKING COMMUNITY. THE OWNERS COULD HAVE CHOSEN TO PUT IN FEWER LARGE UNITS, BUT THAT'S NOT WHAT THE MARKET -- THAT'S NOT THE MARKET THEY WANT TO GO AFTER. THEY ARE TRYING TO PROVIDE WORKFORCE HOUSING FOR PEOPLE WHO WORK IN YBOR AND DOWNTOWN. AND THE REASON THAT THEY WERE GOING TOWARD A VARIANCE IN THE BEGINNING WAS BECAUSE THEY ARE TRYING TO PROMOTE ALTERNATE TRANSPORTATION THOUGHTS. BUT REALIZE, OF COURSE, LIKE I SAID THAT WE WEREN'T READY FOR THAT YET. THERE ARE ISSUES IN YBOR THAT THIS CLIENT HAS AGREED TO HELP WITH, ASSIST WITH THE PARKING IS ONE OF THOSE ISSUES. THEY EVEN BROUGHT UP THE IDEA OF BANNING THEIR RESIDENTS FROM TAKING, DOING THE PARKING PASSES, BUT WE'RE TOLD WE'RE NOT ALLOWED TO DO THAT. BUT THEY WILL DISCOURAGE THEM AS MUCH AS THEY CAN. THEY MADE CHANGES, REDUCING THE MASSING AND SCALE OF THE BUILDING BY 12%. THERE'S A WHOLE SEQUENCE OF EXHIBITS THAT WE PROVIDED AT THE HEARING FOR THAT. THERE'S ONLY A THOUSAND SQUARE FEET OF RETAIL. I DON'T KNOW WHERE THE 3,000 CAME FROM, BUT A THOUSAND SQUARE FEET OF RETAIL WHICH IS A LITTLE BODEGA ON THE CORNER. LITTLE NEIGHBORHOOD BODEGA. PARKING IS NOT DEFICIENT. WE'RE ALLOWED TO USE F.A.R. AND THAT ALLOWS, INSTEAD OF DENSITY, WE'RE ALLOWED TO USE EITHER ONE. AND THAT ALLOWS US A VARIETY OF DIFFERENT SIZES OF UNITS. WE HAVE MOSTLY STUDIO AND ONE BEDROOM. THERE ARE SIX TWO-BEDROOM UNITS IN THE ENTIRE COMPLEX. AFTER MEETING WITH THE NEIGHBORS, WE ALSO MADE CHANGES TO, WE HAVE A LITTLE SMALL ROOFTOP AREA, SO WE MADE CHANGES TO THAT AREA TO MINIMIZE THE USE, AT THE TIME OF THE USE OF THAT AND THE SQUARE FOOTAGE AND TO ELIMINATE A POOL THAT HAD BEEN PROVIDED. THESE CLIENTS IN PARTICULAR ARE VERY SENSITIVE AND WANT TO BE CONTRIBUTING POSITIVELY CONTRIBUTING TO THE NEIGHBORHOOD. THANK YOU. >>GUIDO MANISCALCO: ALL RIGHT. WHO IS NEXT? MR. SHIMBERG, ANYBODY ELSE? >> WE'LL RESERVE THE REST OF OUR TIME FOR REBUTTAL. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. AT THIS TIME, I'LL OPEN IT UP TO PUBLIC COMMENT. WE DO NOT HAVE ANY REGISTERED SPEAKERS. IF YOU WISH TO SPEAK ON THIS ITEM, PLEASE COME UP AND STATE YOUR NAME. YOU'LL HAVE THREE MINUTES. >> MATTHEW CAMPO, 1725 EAST 5th AVENUE. I'M ONE PROPERTY NORTH OF THIS PARTICULAR PROJECT. THERE'S BEEN A LOT OF DISCUSSION TODAY, BUT I WANT TO KEY IN ON TWO THINGS. ONE IS APPROPRIATE. THAT'S THE INTENTION OF WHAT I UNDERSTAND THE BARRIO'S FUNCTION IS, IS DETERMINE WHETHER IT'S APPROPRIATE, NOT JUST THE STRUCTURE, BUT THE SITE AND HOW THE SITE FUNCTIONS WITH THE PROJECT. THE SECOND PART I WANT TO FOCUS ON IS MASSING. THERE'S A BIT OF A JUDGMENT CALL ON MASSING. ON THIS PARTICULAR PROJECT, THEY ARE BUILDING -- THIS IS ONE OF THE ELEVATIONS THAT THEY PROVIDED. THIS LITTLE AREA OVER HERE IS AN EXISTING STRUCTURE. THIS IS FROM THE ARCHITECT. THIS IS THEIR HEIGHT RELATIVE TO THEIR STRUCTURE. THIS IS THE 60-FOOT LEVEL HERE AND THIS IS A 70-FOOT LEVEL, WHICH IS -- IT'S A BUILDING 70 FEET TALL. GET RIGHT DOWN TO IT. THE OTHER PORTION, AGAIN, THIS GOES BACK TO THE MASSING. THIS PARTICULAR BUILDING IS ABOUT 281 FEET WIDE. ANYWHERE BETWEEN 60 AND 70 FEET TALL. IF YOU GO UP AND DOWN 4th STREET IN EITHER DIRECTION, THERE'S NO STRUCTURE WHATSOEVER THAT'S COMPATIBLE AND COMPARABE TO THIS. EVERYTHING ELSE IS 120 FEET. I KNOW BECAUSE I MEASURED THEM. THE HEIGHTS ARE ABOUT 50. WHEN YOU START TALKING ABOUT MASSING AND HOW -- THEY MADE AN ATTEMPT TO ADDRESS MASSING BY BASICALLY CHANGING COLORING AND PUT SOME ELEVATIONAL CHANGE IN THERE. AT THE END OF THE DAY, WHEN YOU'RE STANDING IN FRONT OF THE BUILDING, IT DOESN'T LOOK LIKE TWO BUILDINGS. IT IS A BUILDING 280 FEET WIDE, 70 FEET TALL SURROUNDED BY SMALLER SINGLE-STORY STRUCTURES. THAT'S MY MAIN THING WITH THE PROJECT, MY OBJECTION TO IT IS THAT THE MASSING WAS NOT REALLY ACCOUNTED FOR. I THINK THE BLC FOCUSED ON THE BUILDING AND THE ARCHITECTURE RATHER THAN HOW IT FITS OVERALL INTO THE OVERALL DEVELOPMENT OR THE OVERALL AREA THAT WE HAVE RIGHT THERE. THAT'S MY ONE PARTICULAR COMPONENT THAT I WANT TO BRING UP TODAY. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. ANYBODY ELSE WHO WISHES TO SPEAK? COME ON UP AND STATE YOUR NAME. >> GOOD AFTERNOON. ANDY JOE SCAGLIONE. I'M HERE TO SPEAK ON TWO BEHALVES. 17,000 MEMBERS OF THE GREATER TAMPA REALTORS AND WE HAD -- I HAD BEEN MEETING ACTUALLY, HAD SOME CONSTRUCTIVE MEETING WITH ATTORNEY JOHN ABOUT AMENDING SECTION 27.283.6. METHODS OF PROVIDING REQUIRED PARKING AND LOADING. THERE IS A DEVELOPER LOOPHOLE HERE. AND THE LOOPHOLE ALLOWS YOU TO GO SIGN A LEASE THAT YOU'RE REQUIRED FOR FIVE YEARS, BUT YOU CAN HAVE CANCELLATION. THAT'S NOT A FIVE-YEAR LEASE. IN THIS CASE, THERE WAS A SEVEN-YEAR LEASE WITH A 90 DAY CANCELLATION. THAT IS NOT A SEVEN-YEAR LEASE. THAT IS A 90-DAY LEASE. THEN YOU SAY WELL WE'LL GO PROVIDE, WE'LL GET OTHER PARKING. THERE IS NO OTHER PARKING IN THIS AREA. YOU HAVE HISTORIC BUILDINGS THAT CAN'T BE TORN DOWN. THERE ARE NO OPTIONS ONCE THIS LEASE. AND THIS LEASE, THE CEO OF THE LIONS INSTITUTE WROTE ME AN E-MAIL SAYING I'M USING THIS PROPERTY WITHIN A YEAR. HE'LL COLLECT THEIR MONEY RIGHT NOW, BUT WHEN HE NEEDS THE PROPERTY, SO WHERE IS ALL THAT OFF-SITE PARKING, WHERE ARE THEY GOING TO GO? AGAIN, THIS IS ON THE BACKS OF NEIGHBORHOODS AND IT CONTINUES TO HAPPEN THROUGHOUT THE CITY AND WE DON'T KNOW HOW MANY TIMES IT HAS HAPPENED THAT WE DON'T KNOW ABOUT. THAT'S WHY WE HAVE THE PROBLEMS IN THESE NEIGHBORHOODS THAT RESIDENTS, THEY HAVE BUSINESSES AND APARTMENT COMPLEXES THAT THEY BUILD THEM, MAKE THEIR @MONE NEIGHBORHOOD HAS TO SUFFER AND THAT'S WRONG. OKAY. THAT'S WRONG. THIS IS A CASE I'M IN THE TALKING ABOUT THE STRUCTURE. I'M TALKING STRICTLY THAT'S WHAT IS RIGHT. YOU HEAR ME ALL THE TIME. QUALITY VERSUS QUANTITY. BY ALLOWING THIS LOOPHOLE THAT YOU CAN TRY TO -- THIS AGREEMENT, I LOOKED AT IT, IT'S NOT EVEN RECORDED. IN FACT, IT DOESN'T EVEN HAVE THE SPECIFICS OF WITNESSES TO BE RECORDED. TOTALLY UNACCEPTABLE. CAN'T HAVE A -- YOU CAN'T PRESENT YOU HAVE A SEVEN-YEAR LEASE WHEN YOU HAVE A 90-DAY CANCELLATION. EVERYBODY KNOWS THAT. I'D LIKE YOU TO CONSIDER THAT BECAUSE THAT'S WHAT IS REALLY VERY UPSETTING TO ME. IT'S ON THE BACKS OF THE NEIGHBORHOODS, WHICH IS NOT RIGHT. THANK YOU VERY MUCH. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. NEXT SPEAKER. PLEASE STATE YOUR NAME. >> HI. MY NAME IS CARROLL ANN BENNETT. I WOULD LIKE TO SPEAK IN SUPPORT OF MR. CAMPO AND MR. SCAGLIONE AND THE AGGRIEVED PARTY THAT MR. BENTLEY AND MR. MANASSE SO APTLY REPRESENTED. THIS CASE SEEMS PRETTY CLEAR TO ME THAT IT'S INAPPROPRIATE. I HAD RELATIVES FROM MASSACHUSETTS COME AND STAY WITH US, AND I TOOK THEM THROUGH YBOR TO SHOW THEM HOW WONDERFUL IT IS. THIS IS OBVIOUSLY OUT OF CHARACTER. IT'S GOING TO BE SO BAD FOR THE NEIGHBORHOODS. THE TEN POUNDS OF SHIZZLE SUGAR IN A FIVE-POUND BAG. I JUST WANT TO REMIND YOU WHAT HAPPENED IN HYDE PARK WHERE YOU'VE GOT THESE OLD NEEDS TO BE WITH NARROW DRIVEWAYS AND NARROW STREETS AND LIMITED PARKING. PEOPLE ARE GOING TO PARK THE CLOSEST THEY CAN SO THEY CAN LEASE PARKING SOMEPLACE ELSE. THEY ARE NOT GOING TO USE IT IF THERE'S ANYTHING CLOSER, WHICH MEANS THAT THE PEOPLE WHO ALREADY LIVE THERE, WHEN A HOME HEALTH CARE WORKER COMES, WHEN A PLUMBER COMES, WHEN THEY HAVE GUESTS AND RELATIVES OVER, THEY ARE NOT GOING TO HAVE A PLACE TO PARK. AND THAT OFF-STREET PARKING IS NOT AVAILABLE TO THEM, WHERE THEY HAVE TO SCHLEPP THEIR CASSEROLES. I WANT TO SPEAK IN FAVOR OF THE APPLICANT AND THE NEIGHBORS WHO HAVE SPOKEN AND ASK YOU TO PLEASE DENY THIS. IT'S OBVIOUSLY A LOOPHOLE. THERE IS A PROBLEM WITH THE PARKING. A CANCELLATION. THEY SAID THEY HAD FOUR PEOPLE CANCEL. THAT TELLS YOU ALL YOU NEED TO KNOW. THERE IS NO LEASE FOR PARKING. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. NEXT SPEAKER, PLEASE STATE YOUR NAME. >> GOOD AFTERNOON. STEPHANIE POYNOR. MAN, THAT JUDGE OVER THERE THAT RULED FOR THE LIBERTY GROUP THE OTHER DAY, SHE STRIKES AGAIN. A BAD IDEA THAT MEETS CODE, BUT DOESN'T MEET THE COMMONSENSE TEST. CASE NUMBER ONE TODAY, GOOD PLAN TURNED DOWN, COMMON SENSE APPLIED BY TAMPA CITY COUNCIL, NO JUDGE CAN DO THAT BUT YOU. COMMON SENSE WAS APPLIED AND WE MOVED FORWARD. CASE NUMBER TWO, CRAPPY PLAN TURNED DOWN, COMMON SENSE APPLIED, YOU UPHELD IT. HERE WE ARE WITH CASE NUMBER THREE, CRAPPY PLAN, APPROVED, COMMON SENSE APPLIED HERE, WHICH MEANS YOU SHOULD BE REVERSING THIS APPROVAL. WHY IN THE WORLD IS THERE A 70-FOOT BUILDING BEING BUILT ON THAT CORNER WITH NO PARKING? NO PARKING. WHAT PART OF THAT DON'T PEOPLE UNDERSTAND UNLESS EVERYBODY IS GOING TO PARK IN A 717 LOT AND THEY WILL BE BROKE BY THE END OF THE MONTH. THIS ISN'T GOING TO BE AFFORDABLE BECAUSE THEY ARE PAYING ALL THEIR MONEY FOR PARKING. I SUPPORT THE APPLICANT IN THIS PARTICULAR SITUATION. I SUPPORT THE NEIGHBORS BECAUSE THIS DOES NOT MEET THE CHARACTER OF THE NEIGHBORHOOD. WHY ARE WE -- I'M BEFUDDLED. MASSING IS A HUGE ISSUE. DEBBIE ZOMERMAAND HAS BEEN PREACHING ON THAT FOR YEARS. WE HAVE TO GIVE FOLKS PLACES TO PARK BECAUSE, I'M SORRY, WE'RE NOT NEW YORK. WE'RE NOT BOSTON. WE'RE NOT ANY OF THOSE PLACES WHERE YOU CAN GET ON MASS TRANSIT. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. NEXT SPEAKER, PLEASE. PLEASE STATE YOUR NAME. >> GOOD AFTERNOON, COUNCIL. FRANK CAPITANO, LIVE PARTNERS DEVELOPMENT, 2000 EAST 11th AVENUE YBOR CITY. WE'VE BEEN DEVELOPING IN YBOR FOR THREE GENERATIONS, MOVING ON TO OUR FOURTH GENERATION NOW. I THINK MY SON ACTUALLY TOOK A JOB IN YBOR TODAY WORKING WITH A REAL ESTATE COMPANY. WHAT I WANTED TO SHARE IS WE'RE PRO DEVELOPMENT. AS YOU KNOW, WE DEVELOP QUITE A BIT IN YBOR. FOR US, IT'S JUST MAKING SURE THAT EVERYTHING IS DONE WHAT IS APPROPRIATE. AS ANDY JOE SCAGLIONE MENTIONED EARLIER, THE PARKING THAT MET -- WHAT BELIEVE TO MEET THE DESIGN EXCEPTION TO US IS NOT. IF YOU HAVE THE ABILITY TO CANCEL IT, ANSWER THE QUESTION, WHERE ARE THOSE FOLKS GOING TO PARK ONCE THE LEASE IS CANCELED? THEY ARE GOING TO COME BACK AND PARKING ALL OVER THE STREETS WHERE THE RESIDENTS ARE TODAY. THAT'S BEEN ONE OF OUR BIGGEST ARGUMENTS. I'LL LEAVE ALL THE DESIGN AND THE SCALE AND THE MASSING TO OTHERS. BUT THE BIGGEST CONCERN HAS BEEN HOW THE PARKING DESIGN EXCEPTION WAS APPROVED. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. IS THERE ANYBODY ELSE? I HAVE A QUESTION, CONSIDERING THE SIZE AND THE MASSING, ARE THERE ANY CIGAR FACTORIES? BECAUSE AN IMAGE WAS -- ARE THERE ANY CIGAR FACTORIES AS LARGE AS THIS DESIGN? >> CIGAR FACTORIES OUT THERE THAT ARE OF THE PERIOD THAT ARE LARGER. THEY HAVE SIMILAR FOOTPRINTS. AS PART OF HER PRESENTATION MOVING FORWARD AND FROM THE BARRIO LATINO COMMISSION, SHE USED THOSE AS REFERENCES. AND WHEN IT'S MY TIME TO REBUT, I'LL SHOW A LITTLE BIT OF THAT AS WELL. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. AT THIS TIME, ANY ADDITIONAL STAFF COMMENT BEFORE WE GO TO REBUTTAL? YES MA'AM. >> THIS IS OUR STAFF REBUTTAL PERIOD. DANA CROSBY COLLIER WITH THE CITY ATTORNEY'S OFFICE. I HAVE TWO BRIEF THINGS AND THEN I'LL TURN IT OVER TO RON. THE FIRST ITEM IS REGARDING THE AGREEMENT, IT DOES HAVE A PROVISION THAT THE TERMINATION OF THE AGREEMENT DOES NOT RELIEVE THE DEVELOPER OF THEIR RESPONSIBILITY TO PROVIDE THIS OFF-SITE PARKING. THIS IS A STANDARD AGREEMENT WE USE IN OUR OFFICE ON THESE ARRANGEMENTS THAT ARE PERMISSIBLE UNDER 27-283.6, AND THAT IS INCLUDED IN THE AGREEMENT SO THAT THEY KNOW THAT THEY MUST PROCURE OTHER PARKING FOR THOSE 29, 30 SPOTS, IF THIS AGREEMENT GOES AWAY. THE SECOND THING I JUST WANTED TO ADD IS I DID DIRECT YOUR ATTENTION AT THE BEGINNING TO THE ZONING ADMINISTRATOR. WE DID TALK A LITTLE BIT, RON MENTIONED A LITTLE BIT ABOUT HOW WE ROUTE PROJECTS WHEN THEY COME IN THE DOOR, WE HAVE A DRC MEETING ON THEM AS STAFF AND WE TALK ABOUT THE DIFFERENT ZONING AND DIFFERENT PARKING AND OTHER THINGS, LIKE THE F.A.R. AND THINGS OF THAT NATURE. ALL OF THIS IS DISCUSSED IN STAFF BEFORE IT EVER GOES TO THE BARRIO. AND JUST TO SHOW YOU SOME OF THE OTHER THINGS THAT THE ZONING ADMINISTRATOR IN ADDITION TO PARKING WILL CONSIDER, ALONG WITH OTHER STAFF, STORMWATER AND NATURAL RESOURCES, THE USUAL GROUP OF CITY STAFF. I'LL GO AHEAD AND TURN IT OVER TO RON TO FINISH UP OUR TIME. VILLE VILLE GOOD AFTERNOON, COUNCIL. >>RON VILA: RON VILA WITH HISTORIC PRESERVATION. A COUPLE OF THINGS TO TOUCH UPON THAT STAFF AND THE BARRIO LATINO COMMISSION BOTH SUPPORT AND SAID IT WAS CONSISTENT WITH OUR CRITERIA. AS THE PROJECT COMES FORWARD, WHEN IT COMES INTO OUR OFFICE, AS DANA STATED, WE ROUTE IT THROUGH THE DIFFERENT DEPARTMENTS. NATURAL RESOURCES, ZONING, LEGAL STORMWATER AND TRANSPORTATION, ALL LOOK AT EVERY PROJECT FOR THE CONSISTENCY WITH THEIR CODES. IF IT DOESN'T MEET THEIR CODE INITIALLY, THEY MODIFY THE PLAN. THE PROJECT DOES NOT MOVE FORWARD UNTIL IT MEETS ALL CITY DEPARTMENTS AT THAT PRELIMINARY STAGE. AS IT GOES THROUGH THE PROCESS, THERE MIGHT BE SOME MORE JOGGING AS IT GOES TO THE PLANS EXAMINER. BUT AT THAT PRELIMINARY STAGE, IT MEETS ALL THE CRITERIA. THEY TALKED ABOUT THE UNIT COUNT. ONCE AGAIN, THE ZONING DEPARTMENT, THE ZONING ADMINISTRATOR, ERIC COTTON, REVIEWED THIS. IT MET THE CRITERIA FOR THE PARKING THAT WAS SUBMITTED AT THAT TIME AND FOR THE F.A.R. FOR THE UNIT COUNT. THIS IS THE PROPERTY IN QUESTION AGAIN. I USED THIS EARLIER. YOU SEE THE LOT COVERAGE ON SOME OF THESE. SOMEBODY SPOKE EARLIER, THIS IS ABSOLUTELY CORRECT. THIS IS TRANSITION AREA FROM THE INDUSTRIAL TO THE MORE DENSE RESIDENTIAL. THEN YOU GET INTO THE COMMERCIAL CORE ON 7th AVENUE. INITIALLY, WHEN STAFF STARTED TO ENGAGE IN THIS PROCESS, WE WORKED WITH THE DESIGN TEAM. THEY ARE ENTITLED TO GO FROM LOT LINE TO LOT LINE TO 60-FOOT IN HEIGHT. THIS WAS THE ORIGINAL BALL OF CLAY, IF YOU WILL. FIRST ALTERATION, THEY TOOK OUT SOME MASSING ON THE TOP. SECOND ALTERATION, WHICH TOOK MANY MONTHS TO GET TO THIS LEVEL, TOOK OFF SOME OF THE SIDE PIECES TO LOWER THE SCALE AT THE PEDESTRIAN LEVEL AND SOME HEIGHT AS WELL. THE THIRD, AS SHE TALKED ABOUT, HAD SOME ROOF COMPONENTS UP THERE. THE NEIGHBORHOOD WAS CONCERNED ABOUT THE TRAVELING OF THE NOISE AND GATHERING ON THE ROOFTOP AND THE POOL. ALL THAT WAS ELIMINATED OR SOME OF THAT WAS ELIMINATED. AND THEN THE FINAL SOLUTION, WHICH THE BOARD REVIEWED AND THIS WAS STAFF'S, WHAT WE GENERATED OUR STAFF REPORT ON. THERE ARE MANY DIFFERENT ILLUSTRATIONS AND I DON'T HAVE THE TIME TO GO THROUGH EVERYTHING, BUT AS PART OF HER DUE DILIGENCE AND HER PRESENTATION GOING FORWARD, THE HISTORIC CIGAR FACTORY WAS USED AS A REFERENCE AND THEN SOME NEW CONSTRUCTION AS WELL WAS USED AS REFERENCE THAT WAS APPROVED BY THE BARRIO LATINO COMMISSION. AND THAT CONCLUDES MY PORTION. I THINK MY TIME IS UP. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. ANY OTHER STAFF COMMENTS BEFORE I GO TO PETITIONER REBUTTAL? PETITIONER REBUTTAL, YOU HAVE FIVE MINUTES, FOLLOWED BY PROPERTY OWNER REBUTTAL, ALSO FIVE MINUTES. YES, SIR, PLEASE STATE YOUR NAME. >> MARK BENTLEY ONCE AGAIN. CONCERNING THE PARKING, ACTUALLY, WHEN YOU REALLY ANALYZE IT, THERE WAS NEVER A REAL DESIGN EXCEPTION APPROVAL. NUMBER ONE, THE INFORMATION SUBMITTED WAS INACCURATE. WASN'T A LONG-TERM LEASE. 90-DAY TERMINATION. IN THAT RESPECT, IT DIDN'T MEET THE DE 1. NUMBER TWO, EVEN AS WE SPEAK HERE AT THE TIME OF THE BLC HEARING, IN ORDER TO HAVE A DE 1 TO ACTUALLY APPROVE DE 1, YOU HAVE TO RECORD IT. IN SPITE OF ALL THIS CHAOS AND DISCUSSION ABOUT THE LEASE, IT'S NEVER BEEN RECORDED. THE REASON IT HASN'T BEEN RECORDED BECAUSE THE LIONS EYE SAID IT'S NOT GOING TO HAPPEN ANYMORE. SO THERE NEVER WAS OR IS AS WE SPEAK A DE 1 BECAUSE THEY NEVER RECORDED IT. THAT'S ONE OF THE FOUR ELEMENTS OR FOUR REQUIREMENTS TO HAVE A DE 1. HERE AGAIN THE BARRIO IS SUPPOSED TO CONSIDER THAT UNDER ITS CHARGE, UNDER THE CRITERIA. AND I THINK WE HAVE THAT RIGHT HERE. THESE ARE THE REVIEW CRITERIA FOR THE BARRIO. YOU CAN SEE I'M POINTING TO PARKING COMPLIANCE. MS. CROSBY MENTIONED THAT, OH, BY THE WAY, IN THE LEASE, THERE IS A LITTLE PARAGRAPH AT THE END THAT THE CITY PUTS IN THERE, HEY, BY THE WAY, IF YOU TERMINATE THIS LEASE AND DON'T HAVE PARKING IN THE FUTURE, YOU NEED TO GET PARKING. THAT'S ALL THAT SAYS. IT'S NOT ENFORCEABLE. IT'S TOTALLY MEANINGLESS. JUST SOME FEEL-GOOD LANGUAGE TO TELL A DEVELOPER, PUT THEM ON NOTICE, IF THE LIONS EYE TERMINATES THE LEASE ON YOU, YOU'RE DONE. LET'S GO BACK TO THE COMP PLAN, RYAN. HERE AGAIN, IF F.A.R. IS APPLIED TO A RESIDENTIAL PROJECT TO DETERMINE A SITE'S MAXIMUM DENSITY IT SHALL BE COMPATIBLE IN CHARACTER AND SCALE WITH THE SURROUNDING RESIDENTIAL BUILT ENVIRONMENT. AND BASED ON THE EVIDENCE AND TESTIMONY I SHOWED YOU, WHICH IS THE PRIMARY USE IN THE IMMEDIATE VICINITY SHOTGUN SINGLE-FAMILY HOMES, NOT COMPATIBLE IN CHARACTER AND SCALE AND THEREFORE SHOULDN'T HAVE BEEN ENTITLED TO USE THE F.A.R. SHOULD HAVE BEEN REQUIRED TO USE THE STRAIGHT DENSITY WHICH WOULD BE 30 UNITS PER ACRE UNDER CC 35 WHICH WOULD RESULT IN THIS PROJECT HAVING A MAXIMUM OF 25 UNITS. AND THEN BACK TO THE DE 1, HERE AGAIN, IT'S NOT LEGITIMATE -- AND THE INFORMATION SUPPLIED WAS INACCURATE OR DETERMINED TO BE INACCURATE LATER ON UNDER FLORIDA LAW, IT IS A NULLITY. IT'S VOID. THAT DOESN'T EXIST NOW. EVEN AS WE SPEAK RIGHT NOW, JUST BASED ON THE FACT THAT IT HASN'T BEEN RECORDED, THERE IS NO OFFICIAL DE-1. SO WE JUST CAN'T PUSH THAT OFF THE TABLE. HEY, AT THE TIME OF THE HEARING, ERIC COTTON SAID THIS. IT REALLY DIDN'T EVEN EXIST AT THAT POINT IN TIME. THERE WAS A LETTER OUT THERE FROM ERIC COTTON, BUT THESE GUYS NEVER FULFILLED THE CONDITIONS TO QUALIFY FOR THE DE 1. SO NO ONE EVER DETERMINED COMPATIBILITY BASED ON F.A.R. THERE'S INSUFFICIENT PARKING. IT'S OUT OF CHARACTER. ONCE THIS LOT IS NOT AVAILABLE, SURE, THESE GUYS MIGHT BE PAYING RENT ON IT AND THAT IS JUST THE DEAL BECAUSE THEY HAVEN'T TOLD THEM THEY CAN'T USE IT ANYMORE. ONCE THIS LOT IS RENDERED INACCESSIBLE, YOU'RE GOING TO HAVE A THIRD OF THEIR PARKING SCRAMBLING TO FIND SOMEWHERE TO PARK IN THIS NEIGHBORHOOD. WHERE PARKING IS ALREADY NOT AVAILABLE IN THE RIGHTS-OF-WAY AND ACTUALLY HAVE TO HAVE A CITY PERMIT TO DO THAT. ALL IN ALL, BASED ON THESE DISCREPANCIES IN TERMS OF LACK OF COMPATIBILITY, CHARACTER, IT'S OUT OF SCALE, TAKES UP AN ENTIRE CITY BLOCK AND DWAFERS EVERYTHING AROUND IT, THIS IS A FRAGILE ECOSYSTEM IN SOUTH YBOR. THIS IS LIKE PURE YBOR WITH SHOTGUN HOUSES. SURE SOME SCATTERED CIGAR FACTORIES HERE AND THERE. FUNDAMENTALLY YOU HAVE ONE OR TWO STORY HOMES HERE. NOW WE'RE TAKING UP AN ENTIRE BLOCK HERE WITH THIS LARGE RECTANGLE THAT THEY DRESSED UP A LITTLE BIT AND SAYING THAT IT MEETS THE BARRIO STANDARDS. I'LL TELL YOU, BEING AT THE BARRIO MEETING, WHEN I BROUGHT UP PARKING TO THEM AND I GOT BRUSHED OFF BY THE CITY ATTORNEY, HEY, BENTLEY IS REALLY TRYING TO APPEAL A DE 1. I SAID, NO, THERE ARE PARKING CONCERNS, HERE IS WHY. THE BARRIO WAS FRUSTRATED THAT THEY COULDN'T TALK ABOUT PARKING. I'LL TELL YOU THAT, IF YOU LOOK AT THE TRANSCRIPT HERE. VERY CONCERNED. THANKS FOR YOUR TIME. APPRECIATE IT. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR. NEXT UP, MR. SHIMBERG, GO AHEAD. PLEASE STATE YOUR NAME. >> HI. AGAIN, JIM SHIMBERG. ON BEHALF OF THE DEVELOPERS. MY CLIENTS ARE VERY REPUTABLE DEVELOPER FROM OUT OF TOWN. THEY CAME TO TAMPA. THEY BOUGHT A VERY EXPENSIVE PIECE OF PROPERTY IN YBOR. HIRED ONE OF THE MOST EXPERIENCED ARCHITECTS IN YBOR. THEY FOLLOWED EVERY STANDARD IN YOUR CODE. THEY WENT THROUGH A TWO-YEAR PROCESS. FOR SOME REASON A LOT OF THE LANDOWNERS AROUND THERE ALSO BIG DEVELOPERS DON'T WANT THEIR PROJECT TO HAPPEN AND I'M NOT SURE REALLY WHY. OUR GUYS HAVE DONE EVERYTHING BY THE BOOK. THEY CAME IN HERE WITH NO VARIANCES. MR. BENTLEY IS THROWING OUT THINGS THAT HE HAS NOT PROVEN. I REALLY HAVE A PROBLEM WITH THAT. I'M JUST SAYING WE DID EVERYTHING BY THE BOOK. WE WENT TO THE BARRIO WHICH IS THE GROUP THAT YOU GUYS DESIGNATED TO LOOK AT THESE KIND OF ISSUES AND CONSIDER MASS AND SCALE AND ALL THESE DIFFERENT ISSUES. WE HAD A VERY EXTENSIVE HEARING WITH A LONG EXTENSIVE ARCHITECTURAL PRESENTATION. WE LISTENED TO ALL THE SAME NEIGHBORS AND MR. CAPITANO WAS NOT THERE, BUT EVERYBODY ELSE WAS THERE AND SPOKE. HEARD ALL THE SAME ISSUES. VOTED 4-0 TO APPROVE THIS PROJECT. MY CLIENTS JUST WANT TO BE ABLE TO MOVE FORWARD WITH THE PROJECT. I WOULD ASK THAT YOU DENY THIS APPEAL AND ALLOW THEM TO MOVE FORWARD WITH THE PROJECT. THANK YOU FOR YOUR TIME. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. ANYTHING ELSE BEFORE I ASK FOR A MOTION TO CLOSE? ANY QUESTIONS OR COMMENTS? COUNCIL MEMBER CLENDENIN. >>ALAN CLENDENIN: MS. CROSBY COLLIER. OF QUESTION. THERE WAS AN ALLEGATION BY I GUESS AN APPLICANT APPEALING THIS TODAY ABOUT THE PROVISION IN THAT CONTRACT FOR PARKING, SAYING THAT IT WAS NONENFORCEABLE, THAT IT WAS FLUFF. CAN YOU GIVE YOUR LEGAL OPINION ON THAT CLAUSE? >>DANA CROSBY COLLIER: I ASK ASK MS. JOHNSON VELEZ BECAUSE SHE IS HERE -- >>ALAN CLENDENIN: EVEN BETTER. BUT WAIT, THERE IS MORE. >>SUSAN JOHNSON-VELEZ: COULD YOU REPEAT THE QUESTION, PLEASE? >>ALAN CLENDENIN: THERE WAS A CLAIM MADE BY THE APPLICANT AND THIS THAT THE PARKING PROVISION IN THIS AGREEMENT WAS NOT ENFORCEABLE. >>SUSAN JOHNSON-VELEZ: THE ONE THAT TALKS ABOUT TERMINATION OF -- >>ALAN CLENDENIN: CORRECT. THAT THEY WOULD STILL HAVE TO FIND PARKING. IF THE AGREEMENTS WITH THE LIONS CLUB WAS TO GO AWAY IN FIVE YEARS AND THEY WOULD STILL BE REQUIRED TO PROVIDE PARKING. >>SUSAN JOHNSON-VELEZ: THERE IS AN ACKNOWLEDGMENT OF THAT. WE HAVE NOT HAD AN EXPERIENCE WHERE SOMEBODY DID NOT HAVE SUFFICIENT PARKING OR IT WAS ALLEGED THAT THERE WAS INSUFFICIENT PARKING. THIS IS A FORM THAT I HELPED CREATE SEVERAL YEARS AGO IN ORDER TO TRY TO ADDRESS SOME OF THE CONCERNS THAT YOU'VE HEARD TODAY ABOUT OFF-SITE PARKING. WE OBVIOUSLY CAN'T CONTROL ALL THE PROVISIONS IN A LEASE BETWEEN PRIVATE PARTIES. I DON'T KNOW -- I THINK AS MS. CROSBY COLLIER HAS TOLD YOU, THIS IS ONE OF THE CRITERIA THAT THE BLC CONSIDERED, WHETHER OR NOT THERE WAS SUFFICIENT PARKING. AND IT WAS BASED ON A DETERMINATION FROM THE ZONING ADMINISTRATOR THAT IN THIS CASE THERE WAS SUFFICIENT PARKING. I DON'T KNOW -- >>ALAN CLENDENIN: IT'S COMMON THAT WE DO USE THESE AGREEMENTS FOR LIKE LIQUOR LICENSE OR ANYTHING ELSE, AN ESTABLISHMENT THAT HAS OFF-SITE PARKING SO WE APPROVE USES OF PROPERTY BASED ON OFF-SITE PARKING BASED ON THESE TYPE OF AGREEMENTS ALL THE TIME, DON'T WE? >>SUSAN JOHNSON-VELEZ: THAT'S CORRECT. >>ALAN CLENDENIN: THAT'S WHAT I THOUGHT. THE ASSUMPTION OR THE WAY IT WAS PRESENTED WAS LIKE THIS WAS OUT OF BOUNDS. I'M SAYING THIS IS VERY COMMON. >>SUSAN JOHNSON-VELEZ: TYPICALLY IF SOMEBODY, AS I THINK THE PROPERTY OWNER AND DEVELOPER'S COUNSEL HAS TOLD YOU, YOU CAN EITHER REQUEST A WAIVER FROM THE PARKING, WHICH COUNCIL ALSO CONSIDERS, OR IF YOU DON'T WANT TO REQUEST A WAIVER, YOU CAN TRY TO GET OFF-SITE PARKING THROUGH ONE OF THESE TYPES OF AGREEMENTS AND THAT IS ALLOWABLE UNDER OUR CODE. >>ALAN CLENDENIN: VERY GOOD. THANK YOU SO MUCH. >>GUIDO MANISCALCO: ANYBODY ELSE ELSE BEFORE I ASK FOR A MOTION TO CLOSE? IS THERE A MOTION TO CLOSE? MOTION TO CLOSE FROM COUNCIL MEMBER CLENDENIN. SECOND FROM COUNCIL MEMBER VIERA. ALL IN FAVOR? AYE. WHAT IS THE PLEASURE OF COUNCIL? GO AHEAD, SIR. >>ALAN CLENDENIN: IF THIS ISN'T EVIDENCE THAT SOMETIMES THE BEST INTENTIONS GO -- I DON'T KNOW. IT'S LIKE THIS IS A WORST-CASE SCENARIO OF HOW IMPOSSIBLE IT IS TO GET ANYTHING DONE IN THE CITY OF TAMPA, THAT WE PUT UP SO MANY OBSTACLES -- THIS IS WHY WE CAN'T HAVE GOOD THINGS. I'VE HEARD THIS TIME AND TIME AGAIN, RUNNING FOR OFFICE, ABOUT HOW COMPLICATED IT IS TO GET THROUGH THIS PROCESS. I'LL TELL YOU AS SOMEBODY WHO HAS GONE THROUGH THE ARC PROCESS -- RON REMEMBERS -- IT WAS A HORRIBLE EXPERIENCE OF TRYING TO JUMP THROUGH THESE HOOPS. SO WE HAVE THESE FOLKS THAT ARE COMING IN AND TRYING TO BUILD A PROJECT THAT HAVE CLEARLY GONE THROUGH, I MEAN, YEARS NOW OF WORK AND NOW WE HAVE STAFF WHICH, BY THE WAY, IS PROBABLY HUNDREDS OF HOURS OF SUBJECT MATTER EXPERTS AND LEGAL EXPERTS. OBVIOUSLY THE ARCHITECTS AND THE ARCHITECTURAL EXPERTS FROM THE BARRIO AND EVERYTHING UNDER THE SUN. WE GET THIS FOR AN HOUR AND A HALF, BUT THERE ARE PEOPLE MUCH SMARTER AND MUCH MORE EXPERIENCED THAN US THAT ARE LOOKING AT THIS. I JUST DON'T GET IT. I LOOKED AT THE SCOPE AND THE SCALE. WE'RE FAMOUS FOR OUR CIGAR FACTORIES AND THESE BUILDINGS AND TRANSITION, YOU'VE GOT REALLY REPLACING SOME OF THESE BUILDINGS THAT ARE JUST TERRIBLE BETWEEN THE CROSSTOWN, ADAMO DRIVE, TIN ROOF OLD WAREHOUSES THAT DON'T REALLY CONTRIBUTE. WE'RE REALLY BEGGING PEOPLE TO MOVE INTO THIS AREA BECAUSE WE WANT LESS BARS AND MORE PEOPLE, RIGHT? SO WE WANT HOUSING. WE WANT TO CREATE -- YOU GOT TO CREATE HOUSING, DO IT SOMEWHERE, IF WE KEEP PUTTING UP OBSTACLES NOBODY WILL COME HERE AND BUILD HOUSES. NOBODY WILL COME HERE AND BUILD BUILDINGS IF WE MAKE IT THIS DIFFICULT TO DO. I APPLAUD THE APPLICANT, THOSE BUILDING THIS, JUMPED THROUGH ALL THE HOOPS. OTHER PEOPLE WOULD HAVE ALREADY WALKED AWAY AND SAY THIS BURDEN IS TOO MUCH TO TRY TO MEET. I THINK OBVIOUSLY WHAT THEY PRESENTED IS WITHIN SCALE, IT'S IN A TRANSITIONAL AREA. THE ACCOMMODATIONS THAT WERE MADE AND ADJUSTMENTS MADE WERE GREAT. HOPEFULLY ONE DAY WE'LL BE ABLE TO PROVIDE TRANSPORTATION THAT PEOPLE WON'T NEED THE PARKING. UNTIL THAT TIME, THEY HAVE ACCOMMODATED THAT. WE NEED WORKFORCE HOUSING, SO THAT'S WHY I'M OKAY WITH SMALLER HOUSES, SMALLER UNITS DOWN THERE BECAUSE IT PROVIDES HOUSING FOR PEOPLE THAT ARE WORKING MAYBE IN YBOR CITY AND SOME OF THE YOUNG PROFESSIONALS WORKING DOWN THERE. IT'S A GOOD LOOKING PROJECT AND I THINK IT WILL CONTRIBUTE TO THE CHARACTER OF YBOR CITY. THANK YOU. >>GUIDO MANISCALCO: COUNCIL MEMBER HURTAK AND THEN MIRANDA. >>LYNN HURTAK: YES, I ACTUALLY WHEN REALLY LOOKING AT IT, THE SCALE, IT'S A LITTLE TALLER THAN THE BUILDING ACROSS THE STREET BUT IT FITS INTO THE GAR FACTORY ETHOS -- CIGAR FACTORY ETHOS. THIS IS COMPLETELY DIFFERENT THAN WHAT WE SEE IN OTHER AREAS OF THE CITY WHERE IN THIS AREA, WE WANT TO SEE STUDIOS AND ONE BEDROOMS AND SMALLER UNITS BECAUSE THESE ARE THE TYPES OF PEOPLE THAT YOUNG PROFESSIONALS THAT ARE MOVING INTO THIS AREA, MIGHT BE FAMILIES, BUT THAT IS NOT WHAT YBOR IS RIGHT NOW. I THINK THIS IS A WORTHY PROJECT. >>GUIDO MANISCALCO: COUNCILMAN MIRANDA. >>CHARLIE MIRANDA: I JUST WANT TO SPEAK, I WAS BORN AND RAISED IN YBOR CITY. I STILL THINK LIKE I'M IN YBOR CITY. I LOVE EVERYTHING THAT HAS BEEN SAID BY EVERYONE. BUT LET ME GIVE YOU SOME BACKGROUND ON SOME THINGS. WHY WERE THE CIGAR FACTORIES BUILT THAT BIG? YOU KNOW WHY, BECAUSE THEY HAD A LOT OF WORKERS. AND THEY HAD A HIGH DEMAND FOR THE PROJECT. WHY IS IT, AND THEY DIDN'T NEED A CAR. HAD A STREETCAR, EVERYBODY LIVES IN WEST TAMPA, YBOR CITY OR IN THE HEIGHTS RIGHT AROUND THE BAYSHORE, THERE WAS A STREETCAR EVERYWHERE. ALL THE WAY TO LINEBAUGH AND FLORIDA AVENUE. SO THEY DIDN'T NEED A CAR. NOW YOU NEED A CAR. SO WHEN YOU LOOK AROUND AND YOU SEE THE DENSITY, DENSITY IS FOR TWO REASONS ON THAT. YOU HAD MORE WORKERS THAN YOU HAD SUPPLY. AT ONE TIME, TAMPA WAS PRODUCING MORE CIGARS THAN THE WHOLE COUNTRY OF CUBA, BELIEVE IT OR NOT. SO WHEN YOU GO BACK AND YOU LOOK AT THAT, CORRAL WODISKA, THAT WAS THE ONE SHOWN. YOU HAD ONE WEST TAMPA, CHESTNUT AND ARMENIA. YOU HAD MANY OF THEM. ALSO SOMETHING CALLED THE BUCKEYE. I DON'T KNOW HOW MANY OF YOU HEARD OF A BUCKEYE. BUCKEYE IS ANY MORE THAN WHAT? A LITTLE GARAGE THAT YOU HAD NEXT TO YOUR HOUSE AND YOU MADE YOUR OWN CIGARS, MAYBE ONE OR TWO EMPLOYEES AND YOU SOLD THEM. ALL THAT I REMEMBER. I CAN ALSO SAY THAT WHEN YOU LOOK AT WHAT'S HAPPENING HERE, I'VE HAD THE PLEASURE OF SERVING FOR A LITTLE BIT OF TIME. AND I REMEMBER SOMETHING JUST LIKE THIS IN AN AREA SOUTHEAST OF US THAT WE DID THAT. IT BIT ME ALL OVER YOU KNOW WHERE. BECAUSE WHAT WAS SAID HERE ABOUT THOSE CONTRACTS IS A FACT. YEAH, HAVE A LEASE, COULD PUT A BAR AND RESTAURANT HERE. THE PROBLEM IS, THEY HAD A LEASE FOR FIVE YEARS AND IN THREE MONTHS, THE GUY WANTED TO SELL IT AND YOU HAD TO BREAK THE LEASE. SO I'VE DONE THAT AND I'VE BEEN THERE. AND I'M NOT DISPUTING WHAT MY GOOD PEOPLE IN THE BARRIO LATINO SAID, MR. VILA, MR. FERNANDEZ, THEY ARE VERY HONORABLE AND AT THAT TIME THEY WERE RIGHT. BUT I'M NOT AT THAT TIME. THERE IS NO PARKING TO BE HAD WITHIN REASON OF TAMPA, THE CITY DOWNTOWN. PEOPLE WORK DOWNTOWN SOMETIMES PARK FIVE, SIX, SEVEN BLOCKS AWAY BECAUSE THEY CAN'T AFFORD THE PARKING STRUCTURE THAT WE HAVE HERE. YOU GO TO YBOR CITY ON A SATURDAY NIGHT, FRIDAY NIGHT, AND YOU TRY TO FIND PARKING. IN FACT, THE CITY HAS PLANNED TO PUT ANOTHER PARKING GARAGE SOMEWHERE IN THE EASTERN PART AROUND 22nd STREET. THAT WAS BACK WHEN GRECO WAS MAYOR AFTER WE BUILT THE NORIEGA PARKING GARAGE NEXT TO THE CUBAN CLUB. ALL THAT WAS PLANNED. WE DIDN'T HAVE THE MONEY TO BUILD THE OTHER ONE, EVEN THOUGH FOR A WHILE WOULD HAVE BEEN MORE THAN LIKELY HALF EMPTY OR HALF FULL. THE WAY YOU LOOK AT IT DEPENDS ON WHO YOU ARE. THESE THINGS I'VE LIVED. IT'S A WONDERFUL PROJECT. IT HAS EVERYTHING YOU NEED. HOWEVER, THERE'S ONE THING THAT BOTHERS ME, AND THAT'S PARKING. YOU HEARD ME SAY ABOUT DOWNTOWN ITSELF, I VOTED AGAINST THE ONE ON NORTH BOULEVARD AND CLEVELAND BECAUSE THE F.A.R. WANTED .02 AND IT CAME WITH .04 AND UNIVERSITY OF TAMPA TOLD THEM, DON'T COME TO MY PARKING SPOT BECAUSE I'LL HAUL THE CARS OFF. THAT WAS DONE IN THIS CHAMBER ABOUT TWO YEARS AGO. IT'S NOT ANTI- OR FOR ANYTHING, BUT WHAT I LEARNED HERE IS BE CAREFUL WHAT YOU ASK FOR BECAUSE YOU'RE LIABLE TO GET IT. IT'S A SITUATION THAT IT'S A GOOD THING, BAD THING, IT'S A WONDERFUL THING, BUT THE PARKING GOT ME RIGHT IN THE HEART. YOU HAVE TO HAVE PARKING WHEN YOU HAVE A STRUCTURE THAT BIG. YOU DON'T HAVE ANY -- THE STREETCAR GOES THERE ALL RIGHT BUT IT GOES JUST FROM DOWNTOWN THERE. DOESN'T SPREAD OUT AND BRING PEOPLE IN. THAT COST 11 MILLION TO WAY BACK IN THE GRECO ADMINISTRATION. NOW IT COSTS YOU 11 MILLION TO GO TWO INCHES. LET'S FACE IT. THAT'S A FACT. I'M A LITTLE HESITANT ABOUT SAYING WHAT MY COLLEAGUES SAID THAT THEY ARE FOR IT. I CAN'T SUPPORT IT BECAUSE OF WHAT I SAID. I'VE LIVED IT. I UNDERSTAND WHAT IT IS. PEOPLE WALK TO WORK AND THEY LIVE RIGHT CLOSE TO THE FACTORY. WALK HOME, HAVE LUNCH AND GO BACK TO THE FACTORY. I CAN NAME YOU MANY PROMINENT PEOPLE, NOT MYSELF, OF COURSE. OTHERS THAT LIVED THERE THAT DID THAT, THEIR PARENTS DID THAT FOR A LIVING. I KNOW WHAT IT IS. IT WAS A WONDERFUL PLACE, STILL IS. TIMES HAVE CHANGED. THANK YOU, MR. CHAIRMAN. >>GUIDO MANISCALCO: COUNCILMAN CARLSON. >>BILL CARLSON: I GOT DINGED ALREADY. [ LAUGHTER ] AS THE TESTIMONY SAID, YBOR IS A SENSITIVE PLACE IN ITS DEVELOPMENT AND IT'S DEVELOPING DIFFERENTLY IN DIFFERENT PARTS, AND THE REASON WHY THERE ARE SEVERAL DIFFERENT OWNERS COMING FORWARD IS BECAUSE THEY SEE THAT IN THAT PARTICULAR AREA, THE SIZE OF THIS IS NOT CONSISTENT WITH THE DEVELOPMENT THAT'S THERE. IF THERE WERE STILL 200 CIGAR FACTORIES AND THEY WERE LINED UP AND THIS WAS RIGHT NEXT TO IT, IT WOULD BE CONSISTENT. BUT THE DEVELOPMENT PATTERN IN THAT AREA HAS BEEN DIFFERENT AS THEY SHOWED IN THE PHOTOS. I'M ALSO CONCERNED ABOUT THE PARKING SITUATION. >>GUIDO MANISCALCO: COUNCILMAN CLENDENIN. >>ALAN CLENDENIN: ABOUT THE -- I CAUTION BECAUSE WE HEARD TESTIMONY THAT THE PARKING, WHEN THE APPLICATION WAS PUT IN BECAUSE WE HAVE LAWS HERE TO DEAL WITH, MAKING SURE WE DEFEND OUR POSITION THAT THE PARKING WAS IN ACCORDANCE WITH, IT'S MY UNDERSTANDING THAT THE PARKING WAS IN ACCORDANCE WITH THE RULES SO THEY WERE IN COMPLIANCE. THAT'S MY UNDERSTANDING. NO MORE TESTIMONY. UNLESS PEOPLE WANT TO REOPEN THE HEARING. >> NO. >> NO. >>ALAN CLENDENIN: SO THE OTHER THING IS, COUNCILMAN CARLSON, I THINK IF YOU GO BACK AND LOOK AT THE PICTURES, YOU'LL SEE IT WASN'T IN SCOPE AND SCALE BECAUSE THE CIGAR FACTORIES ARE SCATTERED ALL THE WAY AROUND, ESPECIALLY ON THAT SECTION OF THE SOUTHERN PART OF YBOR CITY AND THE OTHER DEVELOPMENT APPROVED BY A PREVIOUS COUNCIL WAS ALSO IN THE SCOPE AND SCALE. THE MAJORITY OF THE BUILDING IN THE SOUTH PARTS OF YBOR CITY ARE COMMERCIAL AND WAREHOUSE EVEN, AND NOT NECESSARILY SINGLE-FAMILY NEIGHBORHOOD. PLUS, AGAIN, I THINK WE HAVE TO COME TO A TERM THAT HUNDREDS OF HOURS OF SUBJECT MATTER EXPERTS LOOKED AT THIS. UNLESS YOU HAVE A LEGAL REASON TO OVERTURN THEIR DECISION, I JUST CAN'T SEE ANOTHER REASON. I MOVE TO AFFIRM THE BLC -- IT'S NOT OPINION. IT'S LEGAL. MOVE TO AFFIRM THE BLC DECISION TO APPROVE THE CERTIFICATE OF APPROPRIATENESS REQUESTED IN THE APPLICATION NUMBER BLC 22-185 FOR THE PROPERTY LOCATED AT 1715 EAST 4th AVENUE, 1411 NORTH 17th STREET AND 1701 EAST 4th AVENUE FOR THE CONSTRUCTION OF A NEW FOUR-LEVEL APARTMENT COMPLEX OVER ONE LEVEL PARKING AND SITE IMPROVEMENTS BECAUSE THE NEW CONSTRUCTION AND THE SITE IMPROVEMENTS ARE CONSISTENT WITH THE CITY CODE, THE YBOR CITY DESIGN GUIDELINES AND THE SECRETARY OF INTERIOR STANDARDS. >>GUIDO MANISCALCO: DO WE HAVE A SECOND? >>LYNN HURTAK: SECOND. >>GUIDO MANISCALCO: WE HAVE A MOTION. THIS IS TO AFFIRM AND APPROVE AND A SECOND FROM COUNCIL MEMBER HURTAK. COUNCIL MEMBER VIERA. >>LUIS VIERA: IT'S FUNNY, THERE ARE A LOT OF HEARINGS YOU COME IN AND THINK YOU'LL VOTE ONE WAY AND SOMETHING SMALL THAT GETS YOU THAT KIND OF GOES THE OTHER WAY. THIS IS ONE THAT I REALLY, REALLY WANT TO VOTE FOR AS A PROJECT, COUNCILWOMAN HURTAK AND COUNCILMAN CLENDENIN I THINK HAVE VERY WISELY STATED BENEFITS OF IT, I CONTINUE TO GO BACK TO THE PARKING ISSUE. THAT'S WHAT BOTHERS ME ON THIS. AS PRESENTED IT'S NOT SOMETHING I FEEL COMFORTABLE RELYING ON. I ALMOST WISH AND I'M NOT MOTIONING FOR THIS, BUT I ALMOST WISH THAT WE COULD -- AGAIN, NOT MOTIONING FOR THIS BECAUSE IT IS ALMOST OBNOXIOUS, CONTINUE THIS TWO MONTHS SO THAT SOMETHING ELSE COULD BE DONE ON THE PARKING SO THIS PROJECT WOULDN'T BE LOST. THAT'S WHAT I WISH. THAT'S WHAT I KEEP GOING BACK TO IN MY HEAD. >>GUIDO MANISCALCO: COUNCIL MEMBER HURTAK. >>LYNN HURTAK: THANK YOU. THE THING IS, THE WAY THIS SITS RIGHT NOW, THEY DO HAVE THE PARKING. LIKE, LEGALLY, THEY DO. WHAT COULD HAPPEN, WE DENY THIS BASED ON PARKING, THEY'LL COME BACK AND SUE BECAUSE THEY DO HAVE THE PARKING. THAT'S THE ISSUE. THE ISSUE IS AACCORDING TO THIS AND OUR -- AND OUR LAWYERS HAVE TESTIFIED. THE LAWYER WHO LITERALLY WRITES THESE FOR THE REST OF THE CITY HAS TESTIFIED THAT THIS PARKING REQUIREMENT IS SIMILAR TO THE ONES WE DO ALL OVER THE CITY AND IT IS LEGAL. UNLESS WE COME UP WITH A DIFFERENT WAY TO APPROVE PARKING, I DON'T THINK THERE'S ANY OTHER WAY, UNLESS YOU'RE SAYING THE ONLY PARKING AVAILABLE MUST BE ON-SITE. AND THAT'S REALLY HARD IN A CITY WHERE YOU HAVE LESS THAN 4% OF AVAILABLE LAND. >>GUIDO MANISCALCO: COUNCIL MEMBER MIRANDA. >>CHARLIE MIRANDA: THANK YOU VERY MUCH, MR. CHAIRMAN. I THINK A LITTLE DIFFERENT. I BELIEVE EVERYBODY IS RIGHT HERE. PARKING LEASE TO ME IS NOTHING MORE THAN A MARRIAGE. <font color="#0000FF"><u>VEN IN A MARRIAGE YOU HAVE A</u></font> DIVORCE. IF YOU HAVE A LEASE, IT HAS A TERMINATION CLAUSE, I THINK YOU'LL GET DIVORCED THANK YOU. >>GUIDO MANISCALCO: WE HAVE A MOTION. MR. SHELBY, YES, SIR. >>MARTIN SHELBY: MARTIN SHELBY, CITY COUNCIL ATTORNEY. I JUST WANT TO REMIND COUNCIL AGAIN, THIS IS A DE NOVO HEARING. AND YOU HAVE THE OPPORTUNITY TO HEAR ALL THE TESTIMONY AND WEIGH ALL THE TESTIMONY. I DO HAVE THAT PARTICULAR CODE WITH REGARD TO PARKING THAT'S BEEN RAISED, BUT I DON'T WANT TO HAVE THE HEARING REOPENED UNLESS COUNCIL WANTS TO HEAR WHAT THE SECTION SAYS. OTHER THAN THAT -- >>ALAN CLENDENIN: I MAKE A MOTION TO REOPEN THE HEARING BECAUSE I WOULD LIKE TO HEAR WHAT IT SAYS. AT LEAST WE'RE DEALING WITH LEGAL FACTS. >>MARTIN SHELBY: YOU WERE NOT PROVIDED WITH THAT SECTION IN WHAT YOU WERE PROVIDED BY THE CITY ATTORNEY'S OFFICE. >>ALAN CLENDENIN: MAKE A GOOD DETERMINATION, WE NEED TO KNOW, WE ALSO NEED TO KNOW THE VULNERABILITIES OF THE CITY AND WHETHER SOMEBODY COULD OVERTURN OUR DECISION. >>GUIDO MANISCALCO: WE HAVE A MOTION TO REOPEN THE HEARING FROM COUNCILMAN CLENDENIN. SECOND FROM COUNCILMAN VIERA. ALL IN FAVOR? AYE. ANY OPPOSED? >>MARTIN SHELBY: THE SECTION THAT HAS BEEN REFERRED TO, AS A MATTER OF FACT, ONE OF THE SPEAKERS CITED IT SPECIFICALLY. SECTION 27-283.6, SUB B. ACTUALLY, IT WOULD BE ACTUALLY C, B IN PAREN AND THEN C. WAS THAT PROVIDED TO COUNCIL, COUNSELOR? JUST FOR THE PURPOSE OF THE RECORD, CORRECT ME IF I'M WRONG, WAS THAT PROVIDED TO CITY COUNCIL AS PART OF THE PACKET? >> 27-283.6 I BELIEVE YOUR PETITIONER PROVIDED IT. I DID NOT PROVIDE IT. >>MARTIN SHELBY: THANK YOU. LET ME READ IT FOR THE PURPOSES OF THE RECORD. IT SAYS THE CONTINUED AVAILABILITY OF OFF-SITE PARKING SPACES NECESSARY TO MEET THE REQUIREMENTS OF THIS ARTICLE SHALL BE ENSURED BY A LONG-TERM LEASE OR OTHER METHOD ACCEPTABLE TO THE CITY ATTORNEY'S OFFICE AND SHALL BE FILED WITH ZONING ADMINISTRATORS AND RECORDED BY THE APPLICANT IN THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY. >>LYNN HURTAK: THANK YOU. MOTION TO CLOSE. >>GUIDO MANISCALCO: IS THAT SATISFACTORY? MOTION TO CLOSE FROM COUNCIL MEMBER HURTAK, SECOND FROM COUNCIL MEMBER VIERA. ALL IN FAVOR? AYE. COUNCIL MEMBER CLENDENIN, YOU HAVE READ YOUR MOTION TO APPROVE AND AFFIRM. >>ALAN CLENDENIN: YEAH. IT STILL STANDS. AGAIN, AS FAR AS THE LEGAL DEFENSE, THAT'S THE LEGAL DOCUMENT. I HAVE AN OPINION ABOUT PARKING BUT THIS IS WHAT THE LEGAL STANDARD IS. >>GUIDO MANISCALCO: IS THE SECOND STILL THERE? >>LYNN HURTAK: OH, YEAH, ABSOLUTELY. >>GUIDO MANISCALCO: WE HAVE A MOTION AND SECOND. LET'S DO A ROLL CALL VOTE. THIS IS TO APPROVE AND AFFIRM. >>BILL CARLSON: NO. >>LYNN HURTAK: YES. >>ALAN CLENDENIN: YES. >> HENDERSON? VIERA? >>LUIS VIERA: NO. >>CHARLIE MIRANDA: NO. >>GUIDO MANISCALCO: NO CLARIFICATION CLARIFICATION MOTIONED FAILED WITH HENDERSON BEING ABSENT. >>GUIDO MANISCALCO: WHO WISHES TO MAKE THE CLOSINGS TO DENY? GO AHEAD, SIR. >>CHARLIE MIRANDA: I MOVE TO OVERTURN THE BLC DECISION AND HEREBY DENY THE CERTIFICATE OF APPROPRIATENESS REQUESTED ON THE APPLICANT ON BLC 22-185 FOR THE PROPERTY LOCATED AT 1715 EAST 4th AVENUE, 1411 EAST 17th AVENUE AND 1701 EAST 4th AVENUE FOR NEW CONSTRUCTION OF FOUR LEVEL APARTMENT COMPLEX, ONE LEVEL PARKING AND SITE IMPROVEMENTS BECAUSE THE NEW CONSTRUCTION AND SITE IMPROVEMENTS ARE NOT CONSISTENT WITH THE CITY CODE, YBOR CITY DESIGN GUIDELINES, SECRETARY OF INTERIOR STANDARDS FOR THE REASONS FOLLOWING THAT IT DOESN'T HAVE THE REQUIRED AMOUNT OF PARKING IN THE SECTION -- IT HAS A LEASE THAT HAS A TERMINATION CLAUSE WITHIN THE LEASE. WITHIN THE FIVE YEARS. OR THE SEVEN YEARS, WHATEVER IT WAS, DOESN'T MEET THE STANDARDS. HIGHER, MUCH MORE BULKIER THAN BEFORE. TO USE THAT AS AN EXAMPLE, WHEN ALL THOSE CIGAR FACTORIES SHOWN TO US, THEY WERE THERE FOR A REASON. AND THE REASON WAS THAT PEOPLE LIVED THERE. THEY WALKED TO WORK. THINGS CHANGE IN LIFE. ONCE I HAD CURLS. I DON'T HAVE THAT ANYMORE. BUT IT IS THE SAME THING. YOU HAVE TO UNDERSTAND THAT THINGS MOVE AND CHANGE FOR A REASON. SOMETIMES FOR THE BETTER AND SOMETIMES FOR NOT. THANK YOU. >>GUIDO MANISCALCO: DO WE HAVE A SECOND? SECOND FROM COUNCILMAN VIERA. COUNCIL MEMBER HURTAK. >>LYNN HURTAK: THANK YOU. I WANT TO CITE SECTION 27-283.6, SUBSECTION B IN MY REFUSAL. IN LIEU OF ACTUAL CONSTRUCTION ON REQUIRED ON-SITE PARKING SPACES, ALL OR ANY PORTION OF THE OFF-STREET PARKING REQUIRED IN THIS ARTICLE MAY BE PROVIDED AS FOLLOWS. AND THEY HAVE FOUR DIFFERENT REASONS. THIS IS IN OUR CITY CODE. THIS IS WHAT THESE DEVELOPERS DID. IT IS LEGAL. AND IN DENYING IT, THAT'S NOT LEGAL. >>CHARLIE MIRANDA: THANK YOU. >>GUIDO MANISCALCO: WE HAVE A MOTION AND A SECOND. LET'S DO A ROLL CALL VOTE. >>LUIS VIERA: YES. >>CHARLIE MIRANDA: YES. >>BILL CARLSON: YES. >>LYNN HURTAK: NO. >>ALAN CLENDENIN: IN ACCORDANCE WITH 27-283.6, I DON'T BELIEVE THIS IS IN COMPLIANCE WITH OUR CODE, SO NO. >>GUIDO MANISCALCO: YES. >>THE CLERK: MOTION CARRIED WITH HURTAK AND CLENDENIN VOTING NO AND HENDERSON BEING ABSENT. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. NEXT IS ITEM 55. [ SOUNDING GAVEL ] >>BILL CARLSON: WE'RE GETTING TOWARD THE END OF THE DAY. ONE OF THE ISSUES -- YEAH, THAT IS THE ONE. I KNOW FOLKS ARE HERE TO SPEAK ABOUT THIS. ALSO IN TALKING WITH ONE OF THE INTERESTED PARTIES, I KNOW NEW INFORMATION HAS COME IN TODAY. I WOULD SUGGEST WE CONTINUE THIS TO NOVEMBER 7. NUMBER 55. >>LYNN HURTAK: I'LL SECOND THAT. >>GUIDO MANISCALCO: NOW THAT WE HAVE A SECOND. YES, COUNCIL MEMBER HURTAK. >>LYNN HURTAK: I COMPLETELY AGREE. WE HAD INFORMATION TODAY THAT ALLOWED -- OR SHARED THAT MIAMI-DADE CRB IS STILL WORKING, AND WE WERE ABLE TO AFFIRM THAT THAT IS ACTUALLY THE CASE. UNTIL WE KNOW MORE, IF WE COULD GET STAFF -- I WAS GOING TO DO SEPTEMBER 19 TO HAVE A STAFF REPORT EXPLAIN WHAT MIAMI-DADE IS DOING. CAN I ADD THAT TO YOUR MOTION? AND THE ONLY REASON I SAID SEPTEMBER 19, IT IS FIRST AVAILABLE AND I WANT THEM TO BE ABLE TO CONTINUE THEIR WORK UNTIL THEN. >>BILL CARLSON: USUALLY YOU ARE THE ONES THAT STOP US FROM PUTTING EXTRA THINGS ON THE LIST. I PICKED NOVEMBER BECAUSE IT WAS THE FIRST -- >>LYNN HURTAK: ONLY THREE STAFF REPORTS ON SEPTEMBER 19. >>BILL CARLSON: ALSO GIVES US MORE TIME TO LOOK AND SEE WHAT THE IMPLICATIONS ARE. >>LYNN HURTAK: I'LL TAKE NOVEMBER 7 AS LONG AS THE CRB IS ALLOWED TO CONTINUE TO MEET UNTIL THEN. >>GUIDO MANISCALCO: WE HAVE A MOTION AND SECOND AND WE HAVE THE CITY ATTORNEY. THEN MR. SHELBY. >>ANDREA ZELMAN: CITY ATTORNEY. I WANTED TO OFFER, I DID CALL THE DIRECTOR OF THE MIAMI-DADE CIVIL INVESTIGATION PANEL AFTER I HEARD MR. SHAW'S REMARKS. IF YOU'D LIKE, I CAN TELL YOU WHAT HE TOLD ME TODAY. IF NOT, WE CAN WAIT UNTIL THE OTHER DATE. >>MARTIN SHELBY: THE OTHER THING I WANT TO ADD IF COUNCIL WANTS TO HEAR THAT, I UNDERSTAND THAT AND MS. ZELMAN IS AVAILABLE. REMINDER COUNCIL, MY RECOLLECTION, I DON'T HAVE IT IN FRONT OF ME, COUNCIL DID BY MOTION AND VOTE, VOTE TO SUSPEND THE CRB. EVEN IF THIS GETS CONTINUED, I BELIEVE BARRING ANY CHANGES TO THAT PREVIOUS MOTION, IT WILL NOT CONTINUE BECAUSE IT HAS BEEN SUSPENDED. >>ANDREA ZELMAN: THAT'S CORRECT. >>GUIDO MANISCALCO: WE HAVEN'T SUSPENDED UNTIL FURTHER DISCUSSION. WE DON'T DISSOLVE IT TODAY. >>LYNN HURTAK: THE ISSUE IS, WE WERE GIVEN INCORRECT INFORMATION. WE WERE TOLD BY A LAWYER FOR THE CITY THAT MIAMI-DADE HAD CLOSED. WE WERE TOLD THAT VERY DAY. WE ASKED. I BELIEVE MR. SCHMID TOLD US THAT MIAMI HAD CLOSED THEIRS. SO WE WERE WORKING ON INCORRECT INFORMATION. SO I THINK THAT WE SHOULD NOT ONLY MOVE THIS MOTION, BUT I THINK THE NEXT ONE SHOULD BE THAT WE REINSTATE THE CRB. >>ANDREA ZELMAN: MAY I JUST EXPLAIN WHAT I WAS TOLD BY -- >>BILL CARLSON: I SPOKE TO MR. SHAW, THE GUY IN MIAMI CALLED MR. SHAW, MR. SHAW CALLED ME AFTER THAT. I SUGGEST THAT WE HAVE THIS LONG CONVERSATION AND LET MS. ZELMAN AND EVERYONE LOOK AT THIS MORE AND HAVE A LONGER CONVERSATION ON NOVEMBER 7, WHATEVER DATE YOU ALL PICK. BUT THIS COULD EASILY BE A REALLY LONG CONVERSATION TODAY IF WE OPEN IT UP RIGHT NOW. I APOLOGIZE, I KNOW YOU HAVE COME READY TO SPEAK. I KNOW MR. SHAW HAS BEEN SITTING HERE ALL DAY AND MAYBE OTHERS. JUST WITH THIS INFORMATION, I THINK IT'S BETTER FOR US TO GET BRIEFED INDIVIDUALLY. LOOK AT THE INFORMATION. LOOK AT EVERYTHING THAT'S HAPPENING AND COME BACK IN A MONTH OR SO. >>GUIDO MANISCALCO: MS. ZELMAN. >>ANDREA ZELMAN: I WANT TO CLARIFY A COUPLE OF THINGS. I HAVE TO GO BACK AND SEE EXACTLY WHAT WORDS EITHER MIKE SCHMID OR I USED, BUT IT IS TRUE THAT MIAMI-DADE COUNTY DISSOLVED ITS PANEL. THE CITY OF MIAMI CIVILIAN INVESTIGATION PANEL, WHICH IS THE MORE WELL-KNOWN ONE THAT WAS FORMED BY CHARTER, I DID SPEAK WITH THEIR DIRECTOR TODAY, AND IT IS -- MR. SHAW IS CORRECT THAT THEY HAVE NOT DISSOLVED THEIR PANEL. HOWEVER, THEY ARE LOOKING TO FIGURE OUT TO RECONSTITUTE IT TO FIGURE OUT WHAT IT CAN DO GOING FORWARD UNDER THIS -- THE NEW LEGISLATION. THEY AGREE THAT IT CAN'T DO THE OVERSIGHT THAT OUR BOARD WAS DOING BUT THEY ARE TRYING TO FIGURE OUT WHAT THEIR BOARD CAN CONTINUE TO DO. WE'RE KIND OF PLAYING WITH WORDS HERE, BUT IT'S ACCURATE THAT THEY DID NOT -- THAT BOARD -- THE OTHER BOARD IN MIAMI DISSOLVED. THIS BOARD IN MIAMI, BECAUSE THERE IS A MIAMI-DADE ONE AND CITY OF MIAMI ONE. THE CITY OF MIAMI ONE WAS NOT DISSOLVED. IT'S NOT CURRENTLY ACTING THOUGH BECAUSE THEY ARE GOING TO RECONSTITUTE OR I FORGET THE WORD HE USED, FIGURE OUT WHAT IT IS THEY CAN DO AND REVISE BY ORDINANCE OR RESOLUTION, I'M NOT SURE BECAUSE THEIRS WAS ACTUALLY CREATED BY CHARTER. I'M NOT SURE HOW THEY ARE -- >>BILL CARLSON: THIS IS THE CONVERSATION, BECAUSE THERE IS A THIRD WAY. THIS MOTION WAS TO SHUT IT DOWN. THIS INFORMATION THAT'S BEING CONFIRMED OPENS UP A THIRD WAY AND WE NEED MORE TIME TO LOOK AT IT, STUDY IT, TALK TO FOLKS. CAN WE JUST VOTE ON THE MOTION -- >>ANDREA ZELMAN: MAY I ADD ONE MORE THING? NOTHING ABOUT THE FACT THAT MIAMI IS GOING FORWARD CHANGES OUR DETERMINATION THAT UNDER THE NEW LAW, OUR CRB CANNOT CONTINUE TO DO CIVILIAN OVERSIGHT OF LAW ENFORCEMENT INVESTIGATIONS. THE ONLY THING THAT IT WAS DOING THAT IT COULD CONTINUE TO DO IS I BELIEVE PARTICIPATE IN THE HIRING DECISIONS, WHICH AS WE DISCUSSED, THEY REALLY -- IT TURNED OUT TO BE BURDENSOME FOR THE MAJORITY OF THE BOARD SINCE THOSE HIRING PANELS MEET ALL DAY. AND WHAT WAS THE OTHER -- THAT WAS IT. THE FACT THAT MIAMI MAY BE TRYING TO FIND A WAY TO KEEP THEIR BOARD ALIVE SHOULD NOT BE DISPOSITIVE OR DETERMINATIVE HERE. WANT TO SAY THAT. >>LYNN HURTAK: I ACTUALLY COMPLETELY DISAGREE. I THINK THE FACT THAT OTHER CITIES ARE TRYING TO KEEP THEIR BOARDS IS WHAT IS VERY IMPORTANT BECAUSE THE COMMUNITY -- WE'VE GOTTEN E-MAIL AFTER E-MAIL AFTER E-MAIL SAYING DO NOT SHUT DOWN THIS BOARD. FIND ANY WAY TO KEEP IT OPEN. AND I THINK THAT BY CONTINUING THIS TO NOVEMBER 7, WE CAN DO OUR DUE DILIGENCE TO DO THAT BECAUSE CLEARLY -- I MEAN, IN DRAFT LEGISLATION, THAT MEGAN NEW COMB WROTE, IT SAYS, QUOTE, OUR CURRENT VERSION OF THE CRB IS DELINEATED IN SECTION 18-8 IN THE CITY CODE ALLOWS FOR THE REVIEW OF CLOSED INTERNAL INVESTIGATIONS AND TO MAKE WRITTEN RECOMMENDATIONS TO THE POLICE DEPARTMENT. NEITHER REVIEW OR RECOMMENDATIONS ARE OVERSIGHT OR INVESTIGATIVE AUTHORITY. AGAIN, I KNOW YOU DISAGREE, BUT THAT IS CLEARLY NOT THE DEFINITION. AND YOU'RE NOT, AND OTHER PEOPLE IN YOUR DEPARTMENT DON'T AGREE WITH THAT. >>ANDREA ZELMAN: MEGAN SAID THIS PRIOR TO BEING ADVISED -- >>LYNN HURTAK: IT'S VERY CLEAR THAT THE WORDS REVIEW AND RECOMMENDATION, I MEAN, I CAN REVIEW CLOSED CASES AND MAKE A RECOMMENDATION. >>ANDREA ZELMAN: ANYONE CAN. JUST CAN'T CREATE -- >>LYNN HURTAK: EXCUSE ME. CAN I PLEASE FINISH? >>ANDREA ZELMAN: YES. >>LYNN HURTAK: THANK YOU. I'M NOT HERE TO HAVE A CONVERSATION, JUST TO SHARE, NO, I COMPLETELY DISAGREE AND I BELIEVE WE BRING IT UP ON NOVEMBER 7 AND FIND A WAY TO WHAT THE COMMUNITY IS SAYING. WE'VE GOT NOTHING THAT SAYS WE WANT TO CLOSE THIS DOWN. WE'VE GOTTEN DOZENS OF E-MAILS ASKING FOR US TO FIND A WAY TO KEEP THIS OPEN. AND I THINK THAT'S WHAT WE NEED TO DO. >>ANDREA ZELMAN: I HAVE NO OBJECTION IF YOU WANT TO CONTINUE THIS, BUT WE CAN'T RECONSTITUTE THE BOARD IN THE MEANTIME. WE HAVE SUSPENDED THEM. I WANT TO MAKE SURE THAT'S -- >>GUIDO MANISCALCO: COUNCILMAN VIERA. >>LUIS VIERA: THANK YOU VERY MUCH. IF PEOPLE NEED MORE TIME TO LOOK AT ISSUES, NEGATIVE PROBLEM WITH A REASONABLE CONTINUANCE ON THIS ISSUE. THAT WAS MY UNDERSTANDING, WHICH IS ALL THIS BOARD UNDER THE STATUTE IS ALLOWED TO DO IS THE INTERVIEWS. AND I DON'T KNOW WHO WOULD WANT TO STAY ON SUCH A BOARD. AGAIN, AS A COURTESY TO COUNCIL MEMBERS, I THINK IF PEOPLE WANT MORE TIME TO LOOK AT THIS ISSUE, THAT WOULD BE FINE. MY QUESTION IS TO MS. ZELMAN, IS THERE ANY SORT OF MANDATE FOR US TO ACT BY A CERTAIN DATE PURSUANT TO THE STATUTE. OKAY. >>ANDREA ZELMAN: NO. >>LUIS VIERA: WE'RE ACTING UNDER OPERATION OF THE STATUTE. >>ANDREA ZELMAN: CORRECT. >>LUIS VIERA: I WANT TO BE VERY CLEAR. MY INTENT IS TO COMPLY WITH FLORIDA STATUTES. AS I MADE VERY CLEAR, IF I WAS IN THE LEGISLATURE, I WOULD HAVE VOTED AGAINST THIS LAW. I DON'T THINK IT IS A GOOD LAW BUT I WANT TO COMPLY WITH FLORIDA STATUTES. AGAIN, IF PEOPLE NEED A COUPLE OF WEEKS MORE TO LOOK AT THIS ISSUE, I THINK THAT'S FINE. BUT I JUST WANT TO MAKE SURE THAT WHEN WE SPEAK TO FOLKS IN THE COMMUNITY WHO ARE E-MAILING US ON THIS WHO GO, DON'T SHUT DOWN THE CRB, WHAT WE'RE LOOKING AT DOING IS PURSUANT TO A LEGAL MANDATE THAT WE HAVE FROM TALLAHASSEE THAT I OPPOSE, BUT THAT WE HAVE TO BE ACTING CONSISTENT WITH. SO I DON'T WANT TO, HOW SHALL I SAY, MAKE PROMISES TO FOLKS THAT I DON'T THINK WE CAN FULFILL ON THE CRB. SO I THINK IF WE HAVE THAT INTENT WITH IT AND PEOPLE NEED MORE TIME AS A COURTESY, I'M FINE FOR A REASONABLE ALLOWANCE OF TIME. >>GUIDO MANISCALCO: WE HAVE A MOTION FOR A REASONABLE ALLOWANCE OF TIME, YOU SAID A STAFF REPORT, CORRECT? >>BILL CARLSON: NO, JUST TO CONTINUE ITEM 55 TO NOVEMBER 7. >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER. MR. SHELBY. >>MARTIN SHELBY: DOES IT REMAIN THEN, RATHER THAN UNFINISHED BUSINESS, REMAINS UNDER ORDINANCES PRESENTED FOR FIRST READING CONSIDERATION. >>GUIDO MANISCALCO: YES, EXACTLY AS IT IS JUST CONTINUED TO A FURTHER DATE. >>MARTIN SHELBY: NOVEMBER 7. >>BILL CARLSON: YES. >>LUIS VIERA: DO WE NEED SO MUCH TIME TO NOVEMBER? CAN WE GET IT SOONER? AGAIN, I'M LOOKING AT -- AGAIN, WHENEVER -- >>BILL CARLSON: RIGHT NOW IT'S DORMANT SO WE'RE IN COMPLIANCE WITH THE LAW. I'LL SAY WHILE I HAVE THE FLOOR, I AGREE WITH YOU, WE HAVE TO BE IN COMPLIANCE WITH THE LAW. I DON'T AGREE WITH THE LAW EITHER AND I WAS VERY, VERY INVOLVED IN HELPING TO CREATE THIS IN THE FIRST PLACE. I DON'T THINK THAT IT'S EFFECTIVE IN ITS CURRENT FORM AND I DEFINITELY DON'T THINK IT WILL BE EFFECTIVE UNDER THE NEW LAW. I TOLD ALL THE ACTIVISTS I BELIEVE IT SHOULD SHUT DOWN. IN FACT, THIS WAS MY MOTION. I AM ENCOURAGING EVERYBODY TO COME UP WITH A BETTER SOLUTION. IF THE BETTER SOLUTION IS SOMETHING DIFFERENT WITH THE SAME NAME, I'M OKAY WITH IT. IF IT'S SOMETHING DIFFERENT WITH A DIFFERENT NAME I'M OKAY. I THINK WE OUGHT TO BE ABLE TO DISCUSS THAT AND NEED TIME TO TALK TO THE COMMUNITY ABOUT IT. BECAUSE THE LEGISLATURE IS NOT GOING TO ALLOW US TO CONTINUE IN THE WAY WE ARE RIGHT NOW. >>GUIDO MANISCALCO: HOW ABOUT A SOONER -- A DATE SOONER? WE HAVE 19th OF SEPTEMBER OR OCTOBER 3rd. >>LYNN HURTAK: OCTOBER 3rd. >>LUIS VIERA: WE'RE DONE WITH BUDGET. >>GUIDO MANISCALCO: IF WE DO SEPTEMBER 19, THE LAST BUDGET HEARING IS THE 17. WE'LL BE REALLY TIRED. >>BILL CARLSON: I ONLY PICK NOVEMBER 7 BECAUSE IT WAS EMPTY. >>GUIDO MANISCALCO: LET'S DO OCTOBER 3rd. >>BILL CARLSON: REVISE THE MOTION OCTOBER 3. >>LYNN HURTAK: I'LL AGREE. >>ALAN CLENDENIN: IS THERE A REASON WE CAN'T GO WITH THE -- THERE'S NO COST TO US. IT'S SUSPENDED. WE'RE NOT VULNERABLE. WHY NOT JUST -- >>LYNN HURTAK: GO WITH NOVEMBER. >>GUIDO MANISCALCO: NOVEMBER 7. >>BILL CARLSON: KEEP NOVEMBER 7. >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN CARLSON TO CONTINUE ITEM 55 TO NOVEMBER 7, REMAINING, KEEPING IT AS A FIRST READING CONSIDERATION AND A SECOND FROM COUNCIL MEMBER HURTAK. ALL IN FAVOR OF THAT MOTION? AYE. ANY OPPOSED? YES MA'AM. >>LYNN HURTAK: I WOULD LIKE TO MOVE THE RESOLUTIONS FOR 57, 59, 60, AND 61. >>GUIDO MANISCALCO: 57, 59, 60 AND 61. WE HAVE A MOTION AND A SECOND. FOR 59 -- 57, 59, 60 AND 61. WE HAVE A SECOND. ALL IN FAVOR? AYE. ANY OPPOSED? ALL RIGHT. THANK YOU VERY MUCH. CHIEF BENNETT, YOU'RE HERE. ANYTHING FOR ADMINISTRATION UPDATE OR YOU'RE LEAVING THAT EMPTY? >>JOHN BENNETT: JOHN BENNETT, CHIEF OF STAFF. THIS MORNING I SAID NO, BUT I WOULD SAY MAKE SURE WE'RE PAYING ATTENTION TO THE WEATHER REPORTS FROM THE EOC. >>GUIDO MANISCALCO: WHERE DO YOU SEE IT BEING MOST IMPACTFUL? SATURDAY OR SUNDAY. >> SUNDAY THROUGH WEDNESDAY, HEAVY RAINFALL. STAYING AT TROPICAL STORM LEVEL FOR NOW. >>GUIDO MANISCALCO: ALERT TAMPA SENT OUT SANDBAG NOTIFICATIONS AND EVERYTHING. >>JOHN BENNETT: WE'LL KEEP UPDATING EVERYBODY AS WE GO. >>BILL CARLSON: MY DISTRICT IS IN ZONE A, WHAT IS THE POSSIBILITY OF EVACUATION? >>JOHN BENNETT: RIGHT NOW TO BE DETERMINED BUT NOTHING YET. THE STATE IS REALLY JUST RAMPING UP SUPPORT FOR HEAVY RAINFALL. >>GUIDO MANISCALCO: WE'RE NOT UNDER A STATE OF EMERGENCY YET. >>JOHN BENNETT: THE STATE IS GOING TO A LEVEL OF SUPPORT AS OF TODAY STATEWIDE. >>LYNN HURTAK: ALL I WANTED TO SAY IS CAN YOU LET FOLKS KNOW WHERE THEY CAN GET SANDBAGS IF THEY WANT THEM. >>JOHN BENNETT: YES, I THINK THEY JUST PUT OUT THE TEXT. >>LYNN HURTAK: IF YOU COULD SAY IT RIGHT NOW, IF YOU KNOW OR IF SOMEONE ELSE KNOWS. AGAIN, FOR PEOPLE WHO ARE WATCHING THAT DON'T NECESSARILY GET TEXTS OR SOCIAL MEDIA, IT WOULD BE GREAT IF WE COULD HAVE IT. >>GUIDO MANISCALCO: WE HAVE THREE SANDBAG LOCATIONS THAT WILL OPEN FRIDAY AND SATURDAY AT THE HIMES AVENUE COMPLEX, AL LOPEZ PARK, AND AL BARNES PARK. FRIDAY AND SATURDAY. LET ME GET THE HOURS. PICK UP LOCATIONS, FRIDAY, AUGUST 2nd, OPEN 9 A.M. TO 12 FOR SENIORS AND RESIDENTS WITH SPECIAL NEEDS AND OPEN 12 TO 7 FOR THE GENERAL PUBLIC. ON SATURDAY, AUGUST 3rd, OPEN FROM 9 A.M. TO 7 P.M. FOR THE GENERAL PUBLIC. IT SAYS TO BRING IDENTIFICATION VERIFYING RESIDENCE WITHIN CITY LIMITS, DRIVER'S LICENSE, UTILITY BILL OR ELECTRIC BILL. THERE IS A LIMIT OF TEN BAGS. THOSE LOCATIONS ARE HIMES AVENUE COMPLEX, 4501 SOUTH HIMES. AL BARNES PARK 2902 NORTH 32nd STREET AND AL LOPEZ PARK, 4810 NORTH HIMES AVENUE. >>LYNN HURTAK: THANK YOU. >>GUIDO MANISCALCO: ALL RIGHT. IT IS ON THE TAMPA.GOV WEBSITE AND THROUGH ALERT TAMPA. THAT'S BEEN SENT OUT. THANK YOU VERY MUCH, CHIEF, DR. CHIEF. ITEM NUMBER 58 OR DID YOU HAVE MORE? >>JOHN BENNETT: NO. I WAS EXPECTING 62. BUT YOU ARE AT 58. >>GUIDO MANISCALCO: 58 IS $17.1 MILLION. WE HAVE A MEMO. WE DID ASK FOR STAFF TO BE HERE IN PERSON. I DON'T KNOW WHO WILL BE PRESENTING. A MEMO FROM MIKE PERRY AND LARRY WASHINGTON. >>LYNN HURTAK: IF THEY ARE NOT HERE, THAT'S FINE. I HAD SOMETHING THAT I WANTED TO DISCUSS REAL QUICK AND THEN WE CAN SIMPLY MOVE THE RESOLUTION. AND THIS IS, I COULD DO IT DURING NEW BUSINESS, BUT I WANT TO TALK ABOUT THE FACT THAT 17 EXTRA MILLION DOLLARS ARE NEEDED BECAUSE THE WASTE TO ENERGY FACILITY WASN'T FINISHED ON TIME. $17.1 MILLION EXTRA SIMPLY TO MOVE OUR GARBAGE FROM BASICALLY FROM -- SO INCLUDING, ORIGINALLY THEY HAD PUT 3 MILLION. IT'S $20 MILLION TO MOVE OUR GARBAGE TO HILLSBOROUGH COUNTY. THIS IS PAYING THE MOVING FEE. THIS IS PAYING THE TIPPING FEE TO HILLSBOROUGH COUNTY. AND THIS IS WHAT WE'RE DOING FROM FEBRUARY TO SEPTEMBER. SO I WANT PEOPLE TO REMEMBER THAT WHEN THEY THINK OF THE COST OF THIS PROJECT, WHICH IS HUNDRED MILLION DOLLARS AND ONLY NINE MONTHS OF IT. WE'RE SPENDING 20% OF THAT JUST BRINGING OUR GARBAGE TO HILLSBOROUGH COUNTY. SO HOW CRITICAL AND ACTUALLY OVERALL BENEFICIAL THIS HUNDRED MILLION DOLLARS PROJECT IS TO THE CITY OF TAMPA. BUT ON THAT NOTE, I WOULD ALSO LIKE TO MOTION BECAUSE WHEN I GOT -- WHEN I DID MY PREP MEETING, IT WAS THE FIRST TIME I HEARD THIS PROJECT WAS BEHIND. SO I WOULD LIKE TO GET AN UPDATE. WHAT I'M ASKING IS, I ALREADY TALKED TO THEM. I MOTION TO HAVE -- WELL, I ALREADY MADE THIS MOTION OR I ALREADY TALKED TO THEM. I MOTION TO HAVE THE SOLID WASTE DEPARTMENT PRESENT AN IN-PERSON STAFF REPORT ON SEPTEMBER 19 ON THE STATUS OF THE MCKAY BAY WASTE TO ENERGY RETROFIT UPDATES PROJECT. THE REPORT SHOULD INCLUDE AN EXPLANATION OF THE RECENT CONSTRUCTION DELAYS, ADDED COSTS ASSOCIATED WITH ANY DELAYS AND THE ANTICIPATED ADDITIONAL TIME NEEDED FOR THE PROJECT COMPLETION. THEY ALREADY SAID THIS IS SOMETHING THEY CAN DO. >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER HURTAK. SECOND FROM COUNCIL MEMBER MIRANDA. ALL IN FAVOR? AYE. >>LYNN HURTAK: AND I MOVE THE RESOLUTION. >>GUIDO MANISCALCO: WAIT. I HAVE TO SPEAK TO THE GENTLEMAN. >>BILL CARLSON: ON THIS ITEM, I'LL VOTE AGAINST THE 17 MILLION. WHEN THEY COME BACK ON NOVEMBER 19, THE PUBLIC DESERVES TO KNOW WHY THIS STARTED AS A $26 MILLION PROJECT WHEN THE CITY TOOK IT OVER. AND NOW IT'S OVER A HUNDRE MILLION. WE DON'T KNOW EXACTLY HOW MUCH. IN THE PRIVATE SECTOR, THE PRIVATE SECTOR WOULD NOT STAND FOR THE KINDS OF MULTIMILLION DOLLARS OVERAGES. WE NEED TO KNOW WHY IT CONTINUES TO GO OVER BUDGET. WHERE THE END IS. IS IT GOING TO BE 250 MILLION BY THE NEXT SIX MONTHS, A YEAR? THE PUBLIC DESERVES TO KNOW WHY THIS THING IS COSTING SO MUCH. WHY DO WE THINK THE PRIVATE SECTOR GAVE IT UP TO THE CITY? BECAUSE THEY KNEW THEY WOULD LOSE A LOT OF MONEY ON IT. SOMEBODY IN THE BEGINNING UNDERESTIMATED THE COST OF IT AND WE'RE CONTINUING TO UNDERESTIMATE THE COST. WE NEED TO FIX THAT FAST. >>LYNN HURTAK: IT WAS SEPTEMBER 19. >>GUIDO MANISCALCO: COUNCILMAN MIRANDA. >>CHARLIE MIRANDA: THIS IS -- >> IF I COULD CLARIFY AS WELL. >>CHARLIE MIRANDA: I DON'T KNOW HOW MANY GARBAGE TRUCKS WE HAVE RUNNING THE CITY ON ANY GIVEN DAY. I KNOW THEY COLLECT GARBAGE AT MY HOUSE TWICE A WEEK AND MOST PLACES TWICE A WEEK. I UNDERSTAND THE PLACE WE'RE DUMPING IS ABOUT 58 MILES AWAY. IS THAT CORRECT? >>LARRY WASHINGTON: I'M HERE. >>CHARLIE MIRANDA: IS IT ABOUT 58 MILES AWAY? >>LARRY WASHINGTON: NO, SIR. 23 MILES AWAY. >>CHARLIE MIRANDA: 46 MILES ROUND TRIP, AM I CORRECT? >>LARRY WASHINGTON: YES, SIR. >>CHARLIE MIRANDA: TIMES HOW MANY TRUCKS EVERY DAY OUT ON THE STREET? >>LARRY WASHINGTON: ROUGHLY A HUNDRED TRUCKS. 100. >>CHARLIE MIRANDA: WOW, TIMES 100, THAT FIGURE, AND FIGURE THE COST OF OVERTIME ALONE RIGHT THERE AND THE COST OF THE USAGE OF THE TRUCK AND AMOUNT OF MONEY SPENT ON EXTRA FUEL, TO KNOW SOMETHING JUST IN THE BALLPARK. WHEN YOU START MULTIPLYING THAT -- I'LL DO IT FOR YOU IF YOU WANT, NOT RIGHT NOW, BUT THAT'S 46 MILES TIMES 100 A DAY. JUST MOVE THE ZEROS AROUND AND YOU HAVE ALL THAT COMING AT YOU, IT'S GOING TO BE A BIG EXPENSE JUST MOVING THE TRUCKS AROUND. SO THAT 17 MILLION MAY SOUND BIG. BY THE TIME YOU FINISH, YOU WAIT WHAT HAPPENS. >>GUIDO MANISCALCO: ANYBODY ELSE? MR. WASHINGTON, DO YOU HAVE ANYTHING TO ADD? >>LARRY WASHINGTON: YES, SIR. LARRY WASHINGTON, DIRECTOR OF SOLID WASTE. COUNCILWOMAN HURTAK, SHE WAS CORRECT. I DO WANT TO CLARIFY WHERE THE $17 MILLION IS COMING FROM. WE'RE TAKING IT FROM OUR RESERVES AND MOVING IT OVER TO OPERATING SO THEN WE CAN UTILIZE IT. AND THIS ISN'T TO SAY THAT WE'RE GOING TO SPEND ALL THE MONEY ASSOCIATED WITH DIVERTING WASTE FROM OUR WASTE FACILITY TO HILLSBOROUGH COUNTY. WE HAVE THE OPTION TO SPEND SOME OF THE MONIES UP TO FISCAL YEAR BECAUSE OF SOME OF THE CHALLENGES. WITH THIS BEING SAID, A PROJECT OF THIS MAGNITUDE, THERE ARE GOING TO BE SOME HICCUPS. WE'RE FIRING UP. WE ARE BURNING WASTE RIGHT NOW. WE HAVE THREE BOILERS UP AND FROM TIME TO TIME WE HAVE TO TURN THEM OFF SO WE CAN WORK ON THE TURBINE GENERATOR. THAT'S WHAT THE DELAY IS. WE'RE OPERATING AT ROUGHLY 75% AS FAR AS BURNING CAPACITY. JUST SO EVERYONE IS AWARE, WE BURN A THOUSAND TONS A DAY. WE'RE GETTING CLOSE. COUNCILMAN CARLSON, IT WON'T BE ANOTHER TWO YEARS. WE'RE EXPECTING TO FINISH THIS PROJECT AND GET EVERYTHING UP TO SPEED, FOUR BOILERS AND TURBINE GENERATOR BY SEPTEMBER. BUT THIS GIVES US THE BUFFER TO MAKE SURE WE CAN COVER ALL THE ASSOCIATED HAULING FEES. >>BILL CARLSON: MY UNDERSTANDING FROM PRIOR PRESENTATIONS IS THAT YOU ALL WENT THROUGH ABOUT HALF THE RESERVES LAST YEAR BECAUSE OF THE LOSS. JUST FROM THE LOSS THIS YEAR YOU'LL GO THROUGH THE OTHER HALF OF THE RESERVES. SO NOW YOU'RE SAYING THAT THIS IS COMING FROM THE RESERVES. IS THERE AN ADDITIONAL LOSS THAT WE'RE GOING TO BE TAKING OUT OF SOMEWHERE ELSE, THE GENERAL FUND OR SOMEWHERE ELSE? BECAUSE I THINK THE RESERVES, THEY WERE RIGHT AROUND 17 OR 20 MILLION AFTER WE TOOK OUT LAST YEAR RIGHT? I'M GOING FROM MEMORY. [INDISCERNIBLE] >> DENNIS ROGERO, CHIEF FINANCIAL OFFICER. FURTHER TO COUNCILMAN CARLSON'S QUESTION AND CHAIRMAN MANISCALCO HAD ALSO ASKED, THIS INFORMATION IN OUR BRIEFINGS, I HAVE SOME INFORMATION, IF I CAN HAVE THE ELMO, WHICH MAY GUIDE US THROUGH THIS. COUNCILMAN CARLSON IS QUITE RIGHT. WE HAVE USED A SIGNIFICANT AMOUNT OF SOLID WASTE RESERVES. SEE HERE, PARDON ME, OUR PROJECTED ENDING FUND BALANCE FOR SOLID WASTE WAS ALMOST $50 MILLION, $48.8 MILLION. YOU SEE IT SUBDIVIDED, COUNCIL MAY RECALL, THE THREE DIFFERENT RESERVE REQUIREMENTS. 90 DAY OPERATING RESERVE, A REPAIR AND REFURBISHMENT RESERVE AND THEN A SEPARATE REPAIR AND REFURBISHMENT RESERVE JUST FOR THE WASTE TO ENERGY FACILITY. WE NEED $17.1 MILLION NOW SO YOU CAN SEE A REVISED PROJECTION IS JUST OVER 32 MILLION. WE'VE GONE FROM APPROXIMATELY 50 TO JUST OVER 30. THAT'S A SIGNIFICANT REDUCTION, OBVIOUSLY. YOU SEE OUR PROJECTION IS WE ARE JUST ABLE TO COVER THE 90 DAY OPERATING EXPENSES WITH VERY, VERY LITTLE FOR REPAIR AND REFURBISHMENT. ANYTIME YOU HAVE TO USE $17 MILLION OF RESERVES IS OBVIOUSLY NOT A GOOD THING. BUT I WILL PROVIDE SOME CONTEXT. THIS REMAINS A PROJECTION THROUGH THE END OF THIS FISCAL YEAR. DIRECTOR WASHINGTON AND CONTRACT ADMINISTRATION WOULD KNOW MORE THAN I, BUT WE WANT TO, WE ALWAYS TRY TO PRESENT COUNCIL AND THE MAYOR WITH A REASONABLE BUT CONSERVATIVE SCENARIO, AND THIS IS THAT. COULD IT COME IN LESS? I GUESS IT COULD AND THAT WOULD BE GREAT, BUT THIS IS OUR PROJECTION RIGHT NOW TO GET US THROUGH THE NEXT TWO MONTHS. >>BILL CARLSON: COULD YOU TELL ME -- TWO QUESTIONS. ONE, DOES THIS INCLUDE THE RATE ADJUSTMENT THAT WENT THROUGH RECENTLY? NUMBER TWO, DO YOU RECALL OFF THE TOP OF YOUR HEAD WHAT THE LOSS WAS LAST YEAR AND WHAT THE REMAINING FUND BALANCE WAS LAST YEAR AFTER THAT? >>DENNIS ROGERO: THE SECOND -- MY ANSWER TO THE SECOND QUESTION, I DO NOT, BUT I CAN PROVIDE COUNCIL WITH THOSE FIGURES FOR LAST FISCAL YEAR. JUST MAKE A NOTE. TO YOUR FIRST QUESTION, THIS DOES NOT INCLUDE THE RATE RESTRUCTURING BECAUSE, AGAIN, THIS GETS US THROUGH THIS FISCAL YEAR, THE RATE RESTRUCTURING BEGINS OCTOBER 1st. >>BILL CARLSON: WHAT DID YOU ANTICIPATE THIS -- WHAT'S NOW 17 MILLION? DID YOU ANTICIPATE IT AT SOME POINT? I'M GOING FROM MEMORY, BUT IT SEEMS LIKE THE NUMBERS WERE A LOT LOWER A FEW MONTHS AGO. MAYBE YOU ALL PRESENTED US NUMBERS ALREADY ANTICIPATED NUMBERS SIMILAR TO THIS OR NO? >>DENNIS ROGERO: I DON'T BELIEVE SO. I CAN GO BACK AND LOOK. I WANT TO MAKE SURE WHATEVER INFORMATION WE'RE GIVING YOU IS CONSISTENT. IT MAY HAVE BEEN IN A DIFFERENT CONTEXT. LET ME GO BACK AND LOOK AT THAT BECAUSE IF THERE'S ANY DISCREPANCIES WE WANT TO CLEAR THOSE UP. >>GUIDO MANISCALCO: ANYTHING ELSE? MR. WASHINGTON, ARE YOU STILL ON? >>LARRY WASHINGTON: YES, SIR. >>GUIDO MANISCALCO: TOTALLY UNRELATED. I WANT TO SAY THANK YOU FOR YOUR HELP YESTERDAY WITH THE CONSTITUENT. I HAD A SENIOR CITIZEN IN THE COMMUNITY THAT NEEDED ASSISTANCE REGARDING SOLID WASTE. I CONTACTED MR. WASHINGTON'S DEPARTMENT I THINK WITHIN 20 MINUTES YOU CALL HIM PERSONALLY AND TOOK CARE OF EVERYTHING. I WANT TO THANK YOU. THAT'S NOT THE FIRST TIME. ONE TIME I HAD AN ISSUE WITH SOMEBODY IN WEST TAMPA. THIS GENTLEMAN LEFT HIS OFFICE AND WENT TO THAT PERSON'S HOUSE WITHIN THE HOUR AND TOOK CARE OF IT. GREAT SERVICE. GREAT JOB, MR. WASHINGTON AND YOUR DEPARTMENT. WHO WOULD LIKE TO MOVE THE RESOLUTION? >>LARRY WASHINGTON: THANK YOU, SIR. >>ALAN CLENDENIN: WAS THAT SENIOR CITIZEN CHARLIE MIRANDA? [ LAUGHTER ] >>LYNN HURTAK: I WILL MOVE THE RESOLUTION. >>GUIDO MANISCALCO: WE HAVE A MOTION TO MOVE ITEM NUMBER 58. SECOND FROM COUNCIL MEMBER VIERA. ALL IN FAVOR? AYE. ANY OPPOSED? >> NO. >>GUIDO MANISCALCO: THAT IS -- THANK YOU, SIR. >>THE CLERK: MOTION CARRIED WITH CARLSON VOTING NO AND HENDERSON BEING ABSENT. >>BILL CARLSON: SAY ONE QUICK THING? I ALSO WANT TO THANK MR. WASHINGTON. HE ALWAYS IS VERY RESPONSIVE ON CONSTITUENT ISSUES. THERE'S SOMETHING GOING ON WITH THIS PROJECT, AND WE NEED TO REALLY -- WE NEED TO GET THE PEOPLE IN CHARGE OF THIS PROJECT AND WE NEED TO REALLY ASK A LOT OF QUESTIONS WHEN THEY COME BACK. WE NEED HELP WITH FULL TRANSPARENCY AND WE NEED TO SET EXPECTATIONS FOR THE NEXT -- I HAD ASKED FOR 30 YEARS, AT LEAST THE NEXT 5 TO 10 YEARS, AND WE NEED RELIABLE PREDICTIONS AND EXPECTATIONS. THANK YOU. >>GUIDO MANISCALCO: COUNCILWOMAN HURTAK AND CLENDENIN. >>LYNN HURTAK: DID YOU WANT TO ADD ANYTHING ABOUT MONETARY TO THIS MOTION THEN? BECAUSE THIS MOTION IS ASKING FOR A REPORT TO INCLUDE THE EXPLANATION ON THE RECENT CONSTRUCTION DELAY, ADDED COST ASSOCIATED WITH ANY DELAYS AND THE ANTICIPATED ADDITIONAL TIME NEEDED FOR PROJECT COMPLETION, THAT WILL COVER IT? >>BILL CARLSON: I THINK THAT PRETTY MUCH COVERS IT. TO SHOW THE ADDITIONAL COST, YOU HAVE TO SHOW WHAT THE COSTS WERE BEFORE. >>GUIDO MANISCALCO: COUNCIL MEMBER CLENDENIN AND MIRANDA. >>ALAN CLENDENIN: THROW THIS BACK OUT IN THE ATMOSPHERE, I'VE SAID FOR PROBABLY ALMOST A YEAR THAT I'VE BEEN ON COUNCIL THAT I'M GRAVELY CONCERNED ABOUT THE WASTE-TO-ENERGY PLANT AND THE REPLACEMENT. I THINK THE CITY NEEDS TO BE COGNIZANT THAT SOMEWHERE WE'RE GOING TO HAVE TO EITHER GO IN PARTNERSHIP WITH ONE OF THE ADJOINING MUNICIPALITIES OR COUNTIES AND TO BUILD A REPLACEMENT. I KNOW THEY STARTED TO ACQUIRE LAND. BUT I DON'T KNOW IF WE HAVE A FINANCIAL PLAN TO ACCOMPLISH THAT. IT'S GOING TO BE EXTRAORDINARILY EXPENSIVE. BUT YOU SEE -- WE SEE WITH THE OUTAGE, THE IMPACT IT HAS ON THE CITY OF TAMPA. AND I DON'T THINK ANYBODY -- MAYBE CHARLIE MIRANDA WILL STILL BE HERE WHEN WE GET TO THAT POINT. BUT THE REST OF US, PROBABLY I'LL BE DEAD AND GONE BUT SOMEBODY WILL BE THINKING LONG TERM. >>CHARLIE MIRANDA: I ACCEPTED ALL YOUR DARTS. [ LAUGHTER ] >>ALAN CLENDENIN: I DID TOO RIGHT IN MY -- >>LYNN HURTAK: I'M GOING TO CONTINUE TO WHISPER, STOP THROWING SO MUCH STUFF AWAY. WE CAN DO THIS. >>GUIDO MANISCALCO: I SUPPORT THAT. >>LYNN HURTAK: WE CAN DO THIS. >> WHY ARE YOU LOOKING AT ME? >>LYNN HURTAK: YOU ARE THE ONE THAT BROUGHT IT UP. IT'S LIKE THE WATER ISSUE, USE LESS WATER. THROW AWAY LESS GARBAGE. IT IS THE EXACT SAME THING THAT NEEDS TO HAPPEN IN BOTH PLACES. >>BILL CARLSON: ONE OTHER QUICK THING, JUST SO THE PUBLIC KNOWS, THE CITY HAS BEEN PRODUCING WATER FOR DECADES. HAS A LOT OF EXPERIENCE, DEPTH OF PEOPLE WHO KNOW HOW TO DO IT. IN THE DISTRIBUTION TRANSPORTATION OF SANITATION OR SOLID WASTE, THE CITY HAS A LOT OF EXPERIENCE IN THAT DEPTH OF EXPERIENCE. AND YOU CAN SAY THAT IN MANY OTHER DEPARTMENTS. THE CITY HAS EXCELLENT PEOPLE AND WE HAVE LOTS OF EXPERIENCE. IN THIS WASTE TO ENERGY PLANT, IT WAS PRIVATELY OWNED FOR 40 YEARS AND THE CITY JUST TOOK IT OVER FOUR, FIVE YEARS AGO. IT IS A HUGE CAPITAL EXPENDITURE. THE CITY HAS BROUGHT IN EXPERTS FROM OUTSIDE, BUT WE NEED TO -- WHAT I WOULD LIKE THEM TO DO IS TO CONVINCE US AND THE PUBLIC THAT THEY KNOW WHAT THEY ARE DOING AND THE ESTIMATES ARE ACCURATE GOING FORWARD. THANK YOU. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. WE MOVED THAT. WE PASSED 59, 60, 61. WE'RE AT 62 NOW. WE DID SAY, YES, WE WOULD LIKE AN INDIVIDUAL AND THERE IS A PowerPoint PRESENTATION FOR THIS ITEM. HELLO SIR. >> GOOD AFTERNOON, AGAIN, COUNCIL. JOHN BENNETT, CHIEF OF STAFF AND GOOD AFTERNOON TO THE PUBLIC. I WANT TO PUT A SLIGHT PREAMBLE IN BEFORE THE DEPARTMENTS COME UP AND THE USER DEPARTMENTS SUPPORT AND WE APPRECIATE COUNCIL'S SUPPORT OF THE JOB ORDER CONTRACTING SINCE FY '20, FISCAL YEAR '20. I STARTED THIS WHEN GREG SPEARMAN WAS STILL THE DIRECTOR. I REMEMBER WHEN WE BID OUT THE OPPORTUNITIES AND WHERE THE OPPORTUNITIES MEET A LEVEL OF SERVICE IS SOMETHING THAT WE WANT TO THANK COUNCIL FOR, FOR THEIR CONTINUOUS IMPROVEMENT OF THIS OPPORTUNITY, YET WE'VE EVEN SEEN WHERE THE PILOT IN THE CRA IS STARTING TO HELP HEALTHY HOMES WHERE CONTRACTING IS CHALLENGING SOMETIMES IN THE PRIVATE SECTOR, WE'RE HELPING IN THE CRA. WE WANT TO THANK THE CRA BOARD FOR THAT AS WELL. WHEN YOU WARE THE CRA HAT. SO TODAY WE HAVE THE PURCHASING DEPARTMENT WITH DEANNA AND KATRINA HOUSE. AND WE HAVE OUR EBO OPPORTUNITIES WITH MS. BERTHA MITCHELL. AND, OF COURSE, USER DEPARTMENTS THAT RELY ON THIS. I WANT TO DISTINGUISH SOMETHING BETWEEN CAPITAL IMPROVEMENT AND CAPITAL MAINTENANCE. THIS IS A HEAVY CAPITAL MAINTENANCE. YOU'VE SEEN THIS WORK IN THE FIRE DEPARTMENTS, THE PARK DEPARTMENTS, THE CONVENTION CENTER. YOU'VE BEEN PRESENTED WITH A MEMO AND A PowerPoint. I KNOW IT'S BEEN A LONG DAY AND STAFF IS HERE TO ANSWER ANY QUESTIONS AND/OR PRESENT. I WILL YIELD TO THEM. >>GUIDO MANISCALCO: THANK YOU VERY MUC, SIR. >> GOOD AFTERNOON, COUNCIL. DEANNA FAGGART, DIRECTOR OF PURCHASING. WE DID SEND OVER SOME SLIDES. IT'S YOUR CHOICE IF YOU WANT US TO GO AHEAD AND SPEAK ON THOSE OR YOU JUST WANT TO ASK US SOME QUESTIONS. >>GUIDO MANISCALCO: WHAT IS THE PLEASURE OF COUNCIL? >>LYNN HURTAK: I'D LIKE AT -- AT LEAST LIKE THE PUBLIC TO SEE THE PIE CHART, WHICH IS VERY NICE. >>GUIDO MANISCALCO: ALL RIGHT. SHOW US THE PIE CHART. >>DEANNA FAGGART: I'M GOING TO HAVE MS. KATRINA HOUSE, THE ADMINISTRATOR, COME UP. SHE IS THE SUBJECT MATTER EXPERT. SHE IS THE ONE THAT DEALS WITH THE CONTRACTS EVERY DAY AND BIDS THEM OUT AND REALLY INVOLVES THE CONTRACTORS IN OUR EVERYDAY OPERATIONS. AND THEN FOLLOWING KATRINA, MS. BERTHA MITCHELL FROM THE EQUAL BUSINESS OPPORTUNITY OFFICE WILL SPEAK ON THE SLBE AND WMBE PARTICIPATION AND WE DO HAVE DEPARTMENT STAFF HERE IN SUPPORT. SOME HAD TO LEAVE BECAUSE OF THE TIME. I DO HAVE SOME STATEMENTS. I CAN SHARE THEM AT THE END IF WE HAVE TIME. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. YES MA'AM. >> HELLO. I'M KATRINA HOUSE WITH THE CITY OF ■TAMPA PURCHASING DEPARTMENT. I WILL BE A 23-YEAR EMPLOYEE IN NOVEMBER, AS CHIEF OF STAFF SAID, THANK YOU GUYS SO VERY MUCH FOR YOUR SUPPORT OF THE JOB ORDER CONTRACTING PROGRAM. PLEASE ASK ME QUESTIONS AS YOU WILL. >>GUIDO MANISCALCO: ANY QUESTIONS? YES MA'AM. >>LYNN HURTAK: SHE PUT IT ON THE ELMO, BUT I DON'T THINK WE CAN ALL SEE IT YET, THE PUBLIC. JUST TO TAKE A LOOK AT THE DIFFERENT DEPARTMENTS AND THE AMOUNTS. >> IN FRONT OF YOU YOU'LL SEE THAT WE DO HAVE OUR JOB ORDER AMOUNTS TO DATE THAT HAVE BEEN PROJECTED FOR ALL OF OUR SMALL AND LOCAL BUSINESSES. AND YOU ALSO SEE -- I'M NOT FOR SURE WHICH SIDE IS WHICH THE WAY YOU'RE LOOKING AT IT, BUT THERE IS ANOTHER CHART THAT SHOWS THE TOTAL JOB ORDERS THAT WE HAVE AT THIS POINT. WITH SOME OF THESE JOB ORDERS, THEY ARE PROVIDING THE MUCH-NEEDED REPAIR SERVICES TO SOME OF OUR DEPARTMENTS. AS MENTIONED BY CHIEF OF STAFF, PARKS DEPARTMENT, CONVENTION CENTER AND TOURISM, WASTE WATER DEPARTMENT, AS WELL AS OUR >>GUIDO MANISCALCO: COUNCIL MEMBER CARLSON. >>BILL CARLSON: JUST SO THE PUBLIC KNOWS, WE'RE ALL BRIEFED ON THIS INDIVIDUALLY SO THE PRESENTATION NOW IS FOR THE BENEFIT OF THE PUBLIC. COULD YOU JUST BRIEFLY LET THE PUBLIC KNOW WHAT THE BENEFIT IS OF THIS KIND OF PURCHASING AGREEMENT? WHAT ARE THE BENEFITS OF IT? >> YES, SIR, I CAN. JOB ORDER CONTRACTING IS AN INDEFINITE PROGRAM THAT WE UTILIZE TO PROVIDE SMALL TO MEDIUM SERVICES TO OUR DEPARTMENT HEADS. WE PROVIDE ANYWHERE FROM PAVING A ROAD TO BUILDING A DOG PARK, THINGS OF THAT NATURE. THERE ARE SEVERAL BENEFITS TO OUR JOB ORDER CONTRACTING RELATED TO COST SAVINGS, STREAMLINES OUR PURCHASING PROCESSES. THERE ARE OTHER COST SAVINGS AS WELL AS OUR SCALABILITY AND OUR FLEXIBILITY ALONG WITH THE OPPORTUNITY TO CREATE THOSE NETWORKING OPPORTUNITIES FOR OUR SMALL AND LOCAL BUSINESSES. WITH OUR JOB ORDER CONTRACTING, WE HAVE OPENED UP THE DOORS TO ALLOW THOSE WHO ARE CERTIFIED WITHIN THE CITY OF TAMPA TO GET A FEEL OF DOING BUSINESS WITH OUR PRIME CONTRACTORS. THEY HAVE HAD THE OPPORTUNITY TO WORK ON SOME OF THESE JOBS, AND THOSE ARE SOME OF THE BENEFITS. WE HAVE HEARD COUNCIL FROM TIME TO TIME SAY, HEY, WE WANT TO MAKE SURE THAT OUR CONTRACTING OPPORTUNITIES ARE AVAILABLE THROUGHOUT THE CITY OF TAMPA, AND WE HAVE DONE THAT FROM TIME TO TIME. WITH OUR JOB ORDER CONTRACTING PROVIDED SEVERAL WAYS TO PROVIDE THOSE SUBCONTRACTING OPPORTUNITIES TO THE PUBLIC ALONG WITH OUR PRIME TIME WITH PURCHASING EVENTS. THESE ARE SPECIFIC EVENTS THAT WE GEAR TOWARDS OUR SUBCONTRACTING NETWORKING OPPORTUNITIES. WE HAVE SEVERAL TRADE SHOWS THAT ARE PROVIDED FOR FREE ON BEHALF OF THE CITY OF TAMPA. MAKE TIME ALSO TO MEET WITH OUR SUPPLIER COMMUNITY. THEY CAN SCHEDULE A MEETING WITH ME. THEY CAN COME IN. THEY CAN LEARN ABOUT HOW TO DO BUSINESS WITH THE CITY OF TAMPA, ALONG WITH HOW TO PARTNER WITH SOME OF THOSE PRIME CONTRACORS. WE ALSO HAVE OUR SUPPLIER APPRECIATION GATHERINGS AND WE INVITE SMALL CONTRACTORS TO COME AND JOIN US WHEN WE HAVE OUR JOINT SCOPE MEETINGS AS WELL. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. >>BILL CARLSON: ANOTHER WAY OF WHAT YOU'RE SAYING, IT PROVIDES EASY ACCESS FOR SMALL TO MEDIUM BUSINESSES, WOMEN AND MINORITY OWNED BUSINESSES GET HIGHER ACCESS THAN THEY MIGHT HAVE IF IT WAS A BIG RFP. I THINK YOUR MINORITY PARTICIPATION IS HIGHER IN THESE PROGRAMS THAN SOME OF THE OTHER PURCHASING. >> I LOVE THE WAY YOU PUT THAT. SEE I'M TRYING NOT TO STEP ON SOMEBODY ELSE'S TOES IN CASE YOU HAVE QUESTIONS FOR SOMEBODY ELSE BUT THAT IS ABSOLUTELY CORRECT. WITHIN OUR JOB ORDER CONTRACT AND WE DO HAVE GOALS SET WITHIN THIS PARTICULAR PROGRAM. AND THE GOALS ARE 10% OR SBLE AND 15% WMBE. WE FAR EXCEEDED THOSE GOALS IN THE LAST FIVE YEARS. WE HAVE SEEN IMPROVEMENT WITH JOB ORDER CONTRACTING EACH YEAR BECAUSE THERE IS A BUZZ ABOUT THE CITY. EVERYBODY WANTS TO DO WORK WITH THE CITY AND THEY KNOW THAT JOCC IS A WAY FOR THEM TO GET THEIR FOOT IN THE DOOR. >>GUIDO MANISCALCO: ANYBODY ELSE PRESENTING OR CAN WE MAKE THE MOTION TO APPROVE? >>LYNN HURTAK: I ALSO HAVE AN ADDITIONAL. I CAN MAKE THE MOTION TO APPROVE THE RESOLUTION, BUT THEN I HAVE SOMETHING ADDITIONAL AS WELL. >>GUIDO MANISCALCO: WE HAVE A MOTION TO APPROVE ITEM NUMBER 62. SECOND FROM COUNCIL MEMBER VIERA. ALL IN FAVOR? AYE. ANY OPPOSED? >>LYNN HURTAK: ONE OF THE THINGS I TALKED TO MS. FAGGART ABOUT AND OTHERS, WHEN WE WERE MEETING ABOUT THIS, WAS TO HAVE A QUARTERLY REPORT THAT KIND OF TALKS ABOUT WHERE ALL OF THIS GOES. I MOVE TO HAVE STAFF -- I HAVE ALL OF THESE WRITTEN FOR THE CLERK, SO DON'T WORRY ABOUT. I'M EVEN PUTTING WHEN I DID IT. I MOVE TO HAVE STAFF PREPARE A QUARTERLY WRITTEN STAFF REPORT, SO WRITTEN, IN THE WRITTEN PORTION OF OUR STAFF REPORTS, ON THE JOC PROGRAM TO INCLUDE THE FOLLOWING DATA POINTS, PRIME CONTRACTOR NAME, JOB ORDER NAMES, SLASH, TITLE, TOTAL AWARD AMOUNT, TYPE OF UTILIZATION, WHICH IS SLBE AND WMBE CATEGORIES ANTICIPATED UTILIZATION AMOUNTS AND DEPARTMENT NAME. THE FIRST WRITTEN STAFF REPORT WILL BE ON THE FEBRUARY 6, 2025 AGENDA BECAUSE IT GIVES US A CHANCE TO KIND OF GET THE FIRST QUARTER. DONE. SO THAT WAS WHAT WE AGREED ON AND WE'LL TRY ON THAT AND SEE HOW IT GOES. >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILWOMAN HURTAK. SECOND FROM COUNCILMAN CARLSON. ALL IN FAVOR? AYE. ANY OPPOSED? IS THAT YOUR COMPLETE MOTION? >>LYNN HURTAK: YES, IT IS. THOSE CATEGORIES I WORKED WITH MS. FAGGART ON TO MAKE SURE THAT'S STUFF SHE CAN DO. >>GUIDO MANISCALCO: COUNCIL MEMBER CARLSON. >>BILL CARLSON: ONE LAST THING, THIS KIND OF PROGRAM POTENTIALLY HAS A DOWNSIDE ALSO. I HAD A LONG CONVERSATION WITH CHIEF OF STAFF, THIS DEPARTMENT REPORTS TO HIM, AND HE ASSURED ME THAT HE'S GOING TO PERSONALLY BE INVOLVED TO MAKE SURE WE DON'T GET INTO THOSE AREAS, TO MAKE SURE THAT THERE'S ROTATION AND A DIVERSITY OF SUPPLIERS. THIS KIND OF PROGRAM WHEN IT WORKS WELL CAN BE REALLY BENEFICIAL TO SMALL BUSINESSES AND HELP DRIVE INNOVATION AND EMPLOYMENT IN OUR COMMUNITY. THANK YOU. >>LYNN HURTAK: THAT'S WHAT I THOUGHT THE QUARTERLY REPORT COULD HELP US DO, BRING US A REMINDER AND LET US KNOW WHAT KINDS OF -- THE NUMBER OF BUSINESSES THAT ARE GETTING THESE CONTRACTS. >>GUIDO MANISCALCO: YOU MISSED IT. WE PASSED THE NEW BUDGET. THAT TAKES CARE OF EVERYTHING? ALL RIGHT. ITEM NUMBER 63 WE ALREADY DISCUSSED. ITEM 64 WE TOOK CARE OF, CORRECT? NOTHING ELSE TO ADD ON THAT. ITEM NUMBER 65 WE ASKED FOR A BRIEF FIVE-MINUTE REPORT ON THE RESULTS OF THE SIX-PILOT PROGRAM. THERE IS A PowerPoint PRESENTATION FOR THIS AND WE HAVE REPRESENTATIVES. YES MA'AM. THERE YOU ARE. >> SARAH BURNS. PLANNING MANAGER FOR THE WATER DEPARTMENT. WAIT. [ SOUNDING GAVEL ] >>GUIDO MANISCALCO: YES, MA'AM. >> I'M HERE TO PROVIDE AN UPDATE REGARDING THE SIX PILOT AT HOWARD CURREN. BEFORE I DIVE INTO THE RESULTS, I WANT TO REMIND EVERYBODY AND PROVIDE SOME CONTEXT. WE HAVE THIS TALE OF TWO PILOTS. STARTED PILOTING AT THE TIPPIN WATER FACILITY. WATER PILOT VERY DIFFERENT FROM HOWARD CURREN. THE FIRST PILOT WAS POTABLE WATER TREATMENT PILOT. CONCLUDED IN 2021. WE HAD A VERY POSITIVE RESULT WITH REGARD TO WATER TREATMENT. WE WERE LOOKING FOR ORGANICS REMOVAL AND THAT IS WHAT WE GOT. WE WERE ABLE TO IMPROVE OUR ORGANICS REMOVAL BY 40% WITH SIX. THAT'S WHY WE'RE MOVING FORWARD TO FULL-SCALE IMPLEMENTATION. WE'LL HAVE PLENTY OF OPPORTUNITIES TO TALK ABOUT WATER IN THE FUTURE. WE'RE ACTUALLY GOING TO HAVE A THIRD-PARTY REVIEW IN FRONT OF COUNCIL AT THE END OF AUGUST. THAT'S -- WE'RE GOING TO HAVE ANOTHER CONSULTING FIRM LOOK AT ALL THE WORK THAT WAS DONE FOR SIX AND MAKE SURE THAT IT MAKES SENSE, METHODOLOGY MAKES SENSE BEFORE WE MOVE FORWARD TO FULL SCALE. THOSE RESULTS WERE SO PROMISING ON THE WATER SIDE AND YOU ALSO ORGANICS REMOVAL ON WASTE WATER SIDE. THE SOUP IS DIFFERENT, STILL HAVE TO PILOT ON THE WASTEWATER SIDE WHICH IS WHY WE MOVE FORWARD WITH THAT PILOT. SOUP, THAT WOULD BE THE RIVER WATER, OUR WATER SOURCE AND RECLAIMED WATER ON THE WASTEWATER SIDE. THIS IS THE FIRST TIME THAT SIX HAS EVER BEEN PILOTED IN WASTEWATER. IT'S ALL BRAND-NEW INFORMATION. IT WAS PILOTED FROM JULT 2023 THROUGH DECEMBER 2023. FULLY FUNDED AND TO GET TO THE END VERY QUICKLY, THE RESULTS SUGGEST IT'S NOT ACTUALLY A GOOD FIT FOR US FOR ADVANCE TREATMENT UNLESS WE HAVE SOME SOURCE WATER IMPROVEMENT. I'LL EXPLAIN WHY. AT A GLANCE IT WAS A 30-GALLON PER MINUTE PILOT WHICH IS .04 MGD. WE DID HAVE THREE DIFFERENT PHASES. INTEREST OF TIME, I WON'T GO INTO THE PHASES AND WE'RE NOT GOING TO DIFFERENTIATE THE RESULTS BASED ON PHASES. WE'LL TALK ABOUT THE OVERARCHING CONCLUSIONS. THIS TABLE SUMMARIZES SOME OF THE MAJOR RESULTS. THE CONTAMINANTS ARE ON THE LEFT. ON THE RIGHT IS PERFORMANCE, CHECK MARK MEANS WE GOT SOME REMOVALS. I DON'T HAVE THE ACTUAL REMOVALS HERE. IF YOU WANT THEM, I'LL FORWARD THE REPORT ALONG. X MEANS WE DID NOT GET REMOVALS. I'LL FOCUS IN ON MAJOR ONES HERE. NITRATE, IF YOU REMEMBER BACK WHEN WE GAVE OUR ORIGINAL UPDATE, WE WERE AT 35% REMOVAL. THAT WAS ONE SAMPLE. AND WE THOUGHT THAT WAS GOING TO ACTUALLY GET BETTER. IT DIDN'T, IT ACTUALLY GOT WORSE. IN THE END, WE CAN'T SAY WE'RE GETTING NITRATE REMOVALS FROM THE AFFLUENT. WE ALSO DID NOT SEE REMOVALS OF TOTAL DISSOLVED SOLIDS. THINK OF THAT AS SALINITY. NUMBER OF DIFFERENT COMPONENTS, CHLORIDE, SODIUM, SULFATE IS ANOTHER COMPONENT. SULFATE IS ONE OF THE MAJOR COMPONENTS AT HOWARD CURREN WHICH IS WHY IT IS LISTED HERE. WHILE WE DID SEE SULFATE REMOVALS, OVERALL TDS WAS NOT REMOVED. I'LL TALK ABOUT WHY RESULTS WERE INCONSISTENT. MUSICAL CHAIRS ANALOGY. MELANIE PICKET, IT'S HER BRAINCHILD. A CHAIR REPRESENTS A MEDIA SITE. THAT'S HOW WE REMOVE THE -- THOSE PEOPLE REPRESENT TDS. ESSENTIALLY SO MUCH TDS IN THE WATER, THEY HAVE ALL THE CHAIRS, WHEN THE MUSIC STOPS, TDS SITS DOWN AND NITRATE IS OVER IN THE CORNER AND DOESN'T GET REMOVED. LITTLE MORE ACCURATE, IT WOULD BE A ROOMFUL OF HUNDRED OF TDS AND JUST A COUPLE OF NITRATE. WHY IS TDS SUCH AN ISSUE AT HOWARD CURREN? THIS AGAIN IS WHY THE SOUP IS SO IMPORTANT. ON THIS GRAPH ON THE Y AXIS IS THE AMOUNT OF TDS IN MILLIGRAMS PER LITER. X AXIS IS THE DATE ALL THE WAY BACK IN 2006 UP THROUGH JANUARY OF 2024. THAT RED LINE IS THE DRINKING WATER STANDARD. SECONDARY STANDARD WHICH MEANS IT IS AN AESTHETIC STANDARD. FOR TDS WHICH IS 500 MILLIGRAMS PER LITER. ALSO RELEVANT HERE BECAUSE IT IS WHERE MOST MUNICIPAL SWAWRT LAND IN TERMS OF TDS. TDS AT HOWARD CURREN IS HIGHER. RANGES FROM SOMEWHERE AROUND 700 UP TO 1700, AVERAGE AROUND 1300. IT'S VERY VARIABLE WHICH INDICATES THAT WE HAVE INDUSTRIAL CONTRIBUTIONS. THESE ARE THE MAJOR TAKEAWAYS. THE HIGH AND VARIABLE TDS SOURCE WATER REDUCES APPLICABILITY OF SIX FOR ADVANCE TREATMENT AT HOWARD CURREN. WHAT COULD WE DO ABOUT THAT? ONE OPTION IS CALLED ENHANCE SOURCE CONTROL. ESSENTIALLY WITH ENHANCED SOURCE CONTROL, INSTEAD OF TARGETING THE ENTIRE FLOW COMING OUT OF HOWARD CURREN WHICH IS 50, 60 MGD, YOU WORK WITH THE INDUSTRIES AND TARGET MUCH SMALLER FLOWS. YOU FIND WHERE IT IS COMING FROM AND TARGET IT THERE. THAT COULD BE HALF A MILLION GALLON INSTEAD OF THE FULL FLOW. THIS IS ALSO IMPORTANT EVEN WHEN WE'RE TALKING ABOUT REVERSE OSMOSIS WHICH IS DESIGNED TO REMOVE TDS, BUT THE MORE TDS YOU HAVE, THE MORE EXPENSIVE BECOMES. POSITIVE RESULTS, REMOVALS OF ORGANICS AND F PHOSPHOROUS AND PFAS. FOR THE ONES REGULATED IN DRINKING WATER, 40% REMOVAL ON AVERAGE. THESE WERE ALSO VERY VARIABLE BECAUSE OF THE TDS, SO THAT WOULD HAVE TO BE ADDRESSED FOR PFAS AS WELL. WE DIDN'T GET DOWN TO DRINKING WATER STANDARDS. ONE OF THEM WE DID BUT MUCH CLOSER. IN THE END, THIS IS WHY WE PILOT. THE SOUP IS SO DIFFERENT AND THE RESULTS AREN'T ALWAYS WHAT YOU EXPECT BUT YOU NEED THE INFORMATION TO MAKE THE BEST DECISIONS. NOW WE HAVE ANOTHER TOOL IN OUR TOOLBOX AND A BETTER UNDERSTANDING OF WHERE WE ARE. WITH THAT, I'LL TAKE ANY QUESTIONS. >>ALAN CLENDENIN: DOES COUNCIL HAVE ANY QUESTIONS? >>CHARLIE MIRANDA: NOT A QUESTION, PFAS AND PFOS, THEY SAY YOU CAN FIND ONE DROP OF WATER IN SIX OLYMPIC POOLS, ONE DROP OF THAT AND YOU COULD FIND -- >> 20 OLYMPIC SWIMMING POOLS AND 4 DROPS OF WATER IS WHAT THE STANDARD IS SET OUT FOR DRINKING WATER. >>CHARLIE MIRANDA: THANK YOU VERY MUCH. >>LYNN HURTAK: I JUST WANTED TO SAY THANK YOU SO MUCH FOR THE UPDATE ON THIS PILOT. I KNOW THE REASON WE HAD TO WAIT A LITTLE IS YOU WERE OFF GETTING MARRIED. SO CONGRATULATIONS. >> THANK YOU. >>BILL CARLSON: CONGRATULATIONS. DOES THAT MEAN THAT WE'RE FINISHED WITH THE TEST NOW? WE'RE MOVING ON FROM THIS. I BELIEVE IN INNOVATION. I THINK IT'S GOOD TO DO LIMITED R AND D EVERY NOW AND THEN. THIS WAS ONLY USED ON LARGE SCALE. I THINK ONE PLACE IN THE WORLD AND NOW WE HAVE EXPERIMENTED WITH IT. LOOK FORWARD TO SEE WHAT ELSE YOU ALL COME BACK WITH. THIS WAS A PROCESS THAT WE HEARD ABOUT PRETTY EARLY ON AND YOU ALL TOOK IT EVERY STEP OF THE WAY. AS YOU LOOK AT ALL THE ALTERNATIVES, PLEASE DO THAT ALSO. THE OTHER THING RELATED TO -- DON'T HAVE TIME TO GET INTO DEP ABOUT IT RIGHT NOW -- INTO DEPTH ABOUT IT RIGHT NOW -- I AM CONCERNED ABOUT PRIOR NUMBERS THAT YOUR COLLEAGUES HAVE TOLD US IN THE PAST. CONCERNED ABOUT NITRATE LEVELS IN THE HILLSBOROUGH RIVER ESPECIALLY AND THE IMPACT THAT'S HAVING ON THE BAY. MAYBE AT SOME POINT WE COULD GET SOME EXPERTS TO TALK TO US ABOUT IF THERE IS SOME UPSTREAM THINGS THAT WE CAN TRY TO IMPACT TO PREVENT THAT, NOT FOR A LONG CONVERSATION NOW. BUT THANK YOU. >>ALAN CLENDENIN: I'M CURIOUS. THE DATA THAT YOU GUYS HAVE EXTRAPOLATED FROM THIS PILOT PROJECT, I'M ASSUMING THERE THIS BE THINK TANKS AT UNIVERSITIES AROUND THE WORLD LOOKING AT THE DATA WE PRODUCED? >> YEP. AND ALSO PROBABLY PRESENTING THIS AT NUMEROUS CONFERENCES. IT IS VERY INTERESTING DATA FOR THE COMMUNITY AS A WHOLE. >>ALAN CLENDENIN: I'M ASSUMING THIS DATA DOESN'T GO TO WASTE. THIS IS DATA THAT WILL BE USED AS A BASELINE FOR FURTHER IMPROVEMENTS IN OTHER STUDIES. >> ABSOLUTELY. >>LYNN HURTAK: IF I REMEMBER CORRECTLY, THIS WAS FUNDED NOT BY US. >> RIGHT. FULLY FUNDED. TWO SEPARATE GRANTS. >>LYNN HURTAK: WONDERFUL. >>ALAN CLENDENIN: I'M A GEEK. I THOROUGHLY ENJOYED THIS AND THE PROCESS. I THINK IT'S INCREDIBLE IT HAPPENED HERE. I THINK IT'S VERY INTERESTING WHETHER PART OF THE PROJECT, DIDN'T MAYBE GET THE EXACT RESULTS WE WERE HOPING FOR BUT IT IS THE BASE LINE FOR SOMETHING THAT WILL BE UTILIZED IN THE FUTURE. APPRECIATE IT. THANK YOU FOR THE REPORT. >>GUIDO MANISCALCO: COUNCILMAN MIRANDA. >>CHARLIE MIRANDA: THANK YOU VERY MUCH. APPRECIATE EVERYTHING YOU'VE DONE IN THE PAST AND CONTINUE TO DO IN THE FUTURE. THANK YOU VERY MUCH. >>GUIDO MANISCALCO: THANK YOU. THIS IS WHY WE PILOT. ITEM NUMBER 66, ABBYE FEELEY. WE DID ASK FOR AN IN-PERSON, IS THAT CORRECT? REBECCA JOHNS, ARE YOU IN PLACE? >> SHE'S ONLINE. >> I WOULD NEVER TRY TO TAKE HER PLACE. >>GUIDO MANISCALCO: GO AHEAD, MS. FEELEY. >>ABBYE FEELEY: GOOD AFTERNOON, COUNCIL. IF I CAN SHARE MY SCREEN FOR JUST A MINUTE, PLEASE. I'M ON A NEW SYSTEM. CAN YOU SEE THE TAMPA CODE WEBSITE? >>GUIDO MANISCALCO: YES. THERE WE GO. >>ABBYE FEELEY: AWESOME. GOOD AFTERNOON. REBECCA JUST HANDED OUT FOR YOU SOME FLYERS HERE ON THE MONTHLY CODE UPDATE. I JUST WANT TO SHARE WITH YOU THAT WE OFFICIALLY LAUNCHED THE WEBSITE, TAMPA FORWARD, BUILDING TOMORROW TOGETHER. THIS PAST MONDAY. THIS IS NOW LIVE FOR THE PUBLIC. AND IT DOES CONTAIN A SHORT SURVEY THAT WE'RE ASKING PEOPLE TO FILL OUT AS WELL AS INFORMATION ON OUR PUBLIC KICKOFF MEETING WHICH WILL BE SEPTEMBER 16 AT 7 P.M. THAT WILL BE BOTH AN IN-PERSON AND VIRTUAL OPPORTUNITY FOR THE PUBLIC TO ENGAGE IN THE KICKOFF FOR THE CODE UPDATE. I DID FLYERS. THOSE ARE ALSO OUT AND BEING SHARED. I PROVIDED ONE IN ENGLISH AND ONE IN SPANISH. I CAN ALSO PROVIDE ADDITIONAL COPIES IF ANY OF YOU WOULD LIKE TO HAVE ADDITIONAL COPIES. GIVEN THE LATE HOUR, I'LL KEEP IT SHORT. WE'RE EXCITED AT THE PROGRESS WE'RE MAKING AND ALSO IF THERE'S ANYTHING I CAN ANSWER FOR YOU, I'M HAPPY TO DO SO. >>GUIDO MANISCALCO: THAT'S IT? >>ABBYE FEELEY: THAT'S ALL. >>GUIDO MANISCALCO: ANY QUESTIONS FOR MS. FEELEY. COUNCILWOMAN HURTAK. >>LYNN HURTAK: I WANT TO SAY THANK YOU FOR THIS. CONGRATULATIONS. I KNOW THE TEAM WAS WORKING VERY HARD ON GETTING THIS GOING. DO YOU HAVE THE WEBSITE, THE OTHER WEBSITE OR IS THIS THE FULL-ON TAMPA -- OKAY. THIS IS THE WEBSITE. I JUST WANTED TO ALSO CONGRATULATE YOU BECAUSE THIS LOGO IS ABSOLUTELY AMAZING. LIKE, THIS LOGO IS PHENOMENAL. IT SPEAKS TO TAMPA IN SUCH A WONDERFUL WAY, I JUST REALLY LOVE IT. >>ABBYE FEELEY: I DO TOO. THANKS. >>GUIDO MANISCALCO: YEAH, THAT IS A GREAT LOGO. >>LYNN HURTAK: I JOKINGLY SAID THIS COULD BE A NEW CITY LOGO. >>GUIDO MANISCALCO: THIS IS REALLY GOOD. THIS IS REALLY GOOD. >>MARTIN SHELBY: THESE ARE THE EXTRA COPIES UNLESS WE WANT TO LEAVE THEM FOR COUNCIL. >>GUIDO MANISCALCO: COUNCILMAN CARLSON IS THE MARKETING GUY, THAT'S WHY. GO DOWN MORE. AND THEN ZOOM IN ON THAT TOP CORNER. >>LYNN HURTAK: JUST WANT TO SEE THE LOGO. >>GUIDO MANISCALCO: WHERE IT SAYS TAMPA FORWARD. >> TOP LEFT. >>GUIDO MANISCALCO: WHERE IT SAYS TAMPA FORWARD. >>LYNN HURTAK: ZOOM IN ON THAT. >>GUIDO MANISCALCO: THERE WE GO. YOU HAVE CITY HALL, YBOR CITY. THAT'S THE JC NEWMAN CIGAR FACTORY, TAMPA THEATRE, UNIVERSITY OF TAMPA AND SULPHUR SPRINGS WATER TOWER AND THE SUN THAT RISES OVER OUR WONDERFUL CITY. IS THAT GOOD? ALL RIGHT. THANK YOU VERY MUCH. >>ABBYE FEELEY: THANK YOU. HAVE A GOOD DAY, COUNCIL. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. NUMBER 67 WE ASKED FOR KELLY AUSTIN, THE DIRECTOR OF HR. GO AHEAD, SIR. >>BILL CARLSON: CAN I SET THIS UP REAL FAST? SHE PRESENTED A LONG REPORT OR STAFF PRESENTED A LONG REPORT THAT TALKED ABOUT STATE LAW AND CITY RULES AND EVERYTHING. HERE IS THE ISSUE, TWO ISSUES, NUMBER ONE, YOU ALL KNOW WE'VE HAD A LOT OF REALLY GOOD PEOPLE LEAVE THE CITY IN THE LAST YEAR. 8 OR 10 IN MOBILIT. 8 OR 10 OR SO IN ECONOMIC DEVELOPMENT. FOUR OR SO LEAVE IN LEGAL. I DON'T KNOW ABOUT YOU ALL, I CAN'T TALK TO YOU ABOUT THIS OUTSIDE, BUT I GET STAFF STOPPING ME ON THE STREET TELLING ME ABOUT THINGS THAT ARE GOING ON IN THEIR DEPARTMENTS. POLICE, FIRE, ALMOST EVERY DEPARTMENT IN THE CITY. AND I DON'T KNOW WHAT TO DO WITH ANY OF THAT INFORMATION. SO MY FIRST REACTION IS ALWAYS TO TALK TO MS. ZELMAN OR MARTY AND THEN I GO BACK TO THE FOLKS BECAUSE MS. ZELMAN'S SUGGESTION IS ALWAYS TO GET THEM TO FILE AN HR COMPLAINT OR TO GET THEM TO GO TO THE ETHICS COMMISSION OR THEY CAN FILE A LAWSUIT. I DON'T KNOW IF YOU ALL KNOW, AT LEAST A COUPLE OF PEOPLE FILE LAWSUITS IN THE LEGAL DEPARTMENT A COUPLE OF YEARS AGO. EOC COMPLAINTS IN DIFFERENT DEPARTMENTS. BUT THERE IS A LEGAL MECHANISM, BUT THAT ALSO IS INTIMIDATING TO STAFF MEMBERS AND THEY FEEL LIKE THEY SHOULDN'T HAVE TO SPEND THE MONEY AND TIME TO HIRE A LAWYER, GO TO THE EOC. ALSO THE RISK THAT IT WOULD BE MADE PUBLIC. SOME FOLKS ARE CONCERNED BECAUSE OF THE GUDES CASE, THEY ARE WORRIED ABOUT HOW THE ADMINISTRATION PUBLICIZED THE CLAIMANT IN THAT CASE AND THEY DON'T WANT THEIR NAMES TO BE IN THE PRESS OR USED FOR POLITICAL PURPOSES. FOLKS, THEY ARE PROBABLY ASKING YOU THE SAME THING THEY ARE ASKING ME, WHAT DO WE DO? IF A STAFF MEMBER GOES TO THE HR DEPARTMENT, THE HR DEPARTMENT REPORTS TO THE CHIEF OF STAFF. CHIEF OF STAFF REPORTS TO THE MAYOR. THE OTHER CHOICE IS TO GO TO THE ETHICS COMMISSION. ETHICS COMMISSION ESSENTIALLY REPORTS TO THE ADMINISTRATION. THE POINT IS THAT THERE'S NO THIRD PARTY THAT'S OBJECTIVE AND CONFIDENTIAL THAT SOMEBODY CAN GO TO. THE ONLY THING THEY COULD DO IS FILE WITH THE DEPARTMENT OF JUSTICE OR FILE A LAWSUIT. I DON'T THINK A LAWSUIT BENEFITS THE CITY. DEPARTMENT OF JUSTICE DOESN'T BENEFIT THE CITY WHEN THERE MIGHT BE MINOR CHANGES WE MIGHT BE ABLE TO MAKE. THE QUESTION IS, AND COUNCILMAN VIERA DEALT AND I THINK COUNCIL MEMBER HENDERSON DEALT WITH THIS AT HART, WHAT IS OUR OBLIGATION, WHAT SHOULD WE DO? I THINK MS. ZELMAN THINKS I DON'T HAVE ANY LIABILITY AS LONG AS I RECOMMENDED THAT PEOPLE CONTACT THE OFFICIAL CHANNELS AS A CITIZEN IN THE COMMUNITY, AS A CITY COUNCIL MEMBER, I FEEL A RESPONSIBILITY. ALSO THE HUMAN RESPONSIBILITY TO TRY TO HELP PEOPLE TO BETTER THEIR SITUATION. IT SEEMS TO ME THERE SHOULD BE EASIER WAYS TO SOLVE SOME OF THE CONFLICTS THAT PEOPLE HAVE. AND THERE ARE DIFFERENT CONFLICTS THROUGHOUT IN DIFFERENT DEPARTMENTS. SO THE QUESTION IS WHAT SHOULD WE DO? SHOULD WE TRY TO ENCOURAGE THE ADMINISTRATION TO SET UP A SEPARATE CONSULTING FIRM THAT WOULD HAVE A THIRD-PARTY HOT LINE THAT WOULD KEEP THINGS CONFIDENTIAL? SHOULD WE HIRE LIKE HART DID, HIRE A CONSULTANT TO COME IN AND DO AN ANALYSIS TOP TO BOTTOM AND RECOMMEND WHAT WE DO. WE HAVE INVESTIGATIVE POWERS. THIS IS NOT TO BE PUNITIVE IN ANY WAY. EVERY ORGANIZATION HAS COMPLAINTS, BUT I'VE HEARD SO MANY COMPLAINTS FROM SO MANY DIFFERENT DEPARTMENTS AND WE'VE LOST A LOT OF GOOD PEOPLE, SEEMS TO ME WE NEED SOMETHING TO LET OFF THE PRESSURE VALVE TO PEOPLE KNOW WHERE TO GO BECAUSE THEY ARE NOT HAPPY WITH THE EXISTING CHANNELS. I WANT TO THROW THAT ON THE TABLE AND SEE IF YOU ALL WANT TO DO SOMETHING OR DON'T WANT TO DO ANYTHING. I DON'T KNOW. >>GUIDO MANISCALCO: GO AHEAD. >>CHARLIE MIRANDA: CAN I ONLY SAY THIS NO ONE HAS COME TO ME. NONE. THE FOUR THAT LEFT, I TALKED TO THREE OF THEM ONE ON ONE AND THEY NEVER TOLD ME WHY THEY LEFT. THEY JUST SAID IT WAS TIME TO GO. >>GUIDO MANISCALCO: MS. JOHNS. >> THAT'S DIFFERENT THAN WHAT MY MEMO IS ON. I CAN GO THROUGH THE FLORIDA WHISTLE-BLOWER ACT. >>BILL CARLSON: THE MEMO AND MOTION WAS TO ASK THE BACKGROUND OF WHAT ARE THE PROCESSES THAT ARE AVAILABLE NOW? SO I WANTED TO MAKE SURE THAT WE HAD AN EXHAUSTIVE LIST OF WHAT IS THERE. STAFF DID A GREAT JOB OF PUTTING THAT TOGETHER. BEYOND THAT FOLKS ARE STILL TELLING ME -- I'M NOT ASKING THEM TO TELL ME. I'M WALKING DOWN THE STREET AND PEOPLE STOP ME. WHAT ARE THE CHANNELS THAT WE CAN SET UP FOR FOLKS. BY THE WAY, I TALKED TO CHIEF OF STAFF ABOUT THIS AS WELL. MS. ZELMAN. I DON'T KNOW WHAT THE SOLUTION IS. DO YOU HAVE ANY IDEAS? >>LUIS VIERA: FOR MS. JOHNS, IF YOU COULD GO THROUGH WITH US WHAT ARE THE PRESENT METHODS BY WHICH PEOPLE HAVE. I'M THINKING MAYBE NOT IN MANAGEMENT BUT A LOT OF FOLKS IN UNIONS, FOR EXAMPLE, AND OUR UNIONS ARE CERTAINLY VERY VOCAL FOR ONE THING. WE HEAR ABOUT THAT A GREAT DEAL. BUT WHAT ARE SOME OF THE THINGS THAT EMPLOYEES ALREADY HAVE AS A MEANS TO THE EXTENT THAT THERE ARE ANY SORT OF CHALLENGES, WHICH OBVIOUSLY THERE HAVE BEEN. THEY ARE IN A LOT OF DIFFERENT PLACES. I WANT TO KNOW. >>REBECCA JOHNS: THE MOTION THAT WAS PRESENTED TO US WAS REGARDING PROCEDURES FOR WHISTLE-BLOWERS. WHISTLE-BLOWERS ARE A VERY DEFINED GROUP. MY MEMO FOCUSED ON THE WHISTLE-BLOWERS. THERE IS A WHISTLE-BLOWER, A FLORIDA WHISTLE-BLOWERS ACT, AND THAT ACT DEFINES WHAT WOULD BE A WHISTLE-BLOWER. AND THEN IT DIRECTS A WHISTLE-BLOWER TO THE CITY'S ORDINANCE. THE CITY'S ORDINANCE STATES THAT IF THERE IS A WHISTLE-BLOWER THAT HAS A COMPLAINT, THEY WOULD GO TO THE ETHICS OFFICER AND IT SENDS THEM THROUGH THE ETHICS COMMISSION. I CAN GO THROUGH THAT WHOLE PROCESS IF YOU'D LIKE. WHAT YOU'RE TALKING ABOUT ALSO ENCOMPASSES JUST GENERAL GRIEVANCES FROM AN HR POINT OF VIEW. OUR PERSONNEL MANUAL AND THE COLLECTIVE BARGAINING AGREEMENTS HAVE PROCESSES FOR GRIEVANCES FOR NONUNION EMPLOYEES AND UNION EMPLOYEES. ESPECIALLY THE COLLECTIVE BARGAINING AGREEMENTS WILL SEND YOU THROUGH A GRIEVANCE PROCESS STEP BY STEP. SO I DON'T HAVE THAT IN FRONT OF ME. THAT WASN'T WHAT I WAS FOCUSED ON. I CAN OBVIOUSLY COME BACK WITH THAT INFORMATION. >>BILL CARLSON: IF I COULD SAY REAL FAST, SOME OF THE THINGS THAT FOLKS ARE CONCERNED ABOUT ARE INDIVIDUAL GRIEVANCES. AND SOME OF THEM ARE CONCERNED ABOUT SYSTEMIC ISSUES. SOME OF THEM WOULD FALL UNDER WHISTLE-BLOWER AND SOME OF THEM WOULD BE UNDER HR. BUT THE QUESTION IS, WHAT DO WE DO ABOUT IT? I CAN ASK YOU THIS PRIVATELY, FROM YOUR EXPERIENCE WITH HART AND I WAS HOPING MS. HENDERSON WOULD BE HERE, DO YOU HAVE ADVICE OR RECOMMENDATION? >>LUIS VIERA: THAT IS A GOOD QUESTION, COUNCILMAN CARLSON. WITH HART WE HAVE A COUPLE OF ISSUES RIGHT NOW WE'RE DEALING WITH. I'M THE CHAIRMAN OF HART. I DON'T DEAL WITH THE DAY-TO-DAY EMPLOYEE RELATION ISSUES WITH HART. A LOT OF PEOPLE IN THE PUBLIC THINK I DO, BUT I DON'T. WE ACTUALLY HAVE AN ISSUE WITH THAT RIGHT NOW. >>BILL CARLSON: IT'S THE SAME THING WITH US, BY THE WAY. WE'RE BEING ASKED THE QUESTIONS BUT WE DON'T HAVE ANY AUTHORITY. BY CHARTER -- >>LUIS VIERA: WHEN IT COMES DAY TO DAY WITH HART, I THINK THE MOST IMPORTANT THING IS TO HAVE A PROCESS OF OPENNESS, LIKE, FOR EXAMPLE, WE HAVE A NEW CEO, SCOTT DRAINVILLE, WHO I THINK EPITOMIZES TRANSPARENCY AND OPENNESS AND I THINK THAT'S SOMETHING VERY IMPORTANT. FOR MS. JOHNS, I HAVE ANOTHER QUESTION. A STATEMENT. I'D LIKE TO SEE SOMETHING LIKE THIS ALSO COME FROM, THIS IS AN ONGOING CHALLENGE. AGAIN, SOME OF THESE WORKERS MAY NOT BE ATU, PBA OR 754, ALSO FROM THE UNIONS THAT THIS IS A BIG ONGOING CHALLENGE. NUMBER TWO, HOW ABOUT CONCERTED ACTIVITY? I DON'T KNOW IF YOU CAN OPINE ON THAT. NATIONAL LABOR RELATIONS ACT. MY RECOLLECTION IS, I CLERKED WITH THE NATIONAL LABOR RELATIONS BOARD IN LAW SCHOOL. IS THAT ANYTHING RELEVANT TO THIS? IN OTHER WORDS, WORKERS IN CONCERT, ADVOCATING FOR BETTER WORKING CONDITIONS, MORE THAN ONE, I THINK IT QUALIFIES, IF MY MEMORY SERVES ME RIGHT. AND THAT'S PROTECTED ACTIVITY THAT IS PROTECTED UNDER LAW. >>REBECCA JOHNS: I'M NOT SURE I'M UNDERSTANDING WHAT YOU'RE ASKING. IF YOU HAVE WORKERS THAT ARE JOINING TOGETHER FOR BETTER WORKING CONDITIONS, THAT WOULD FALL UNDER THE COLLECTIVE BARGAINING, WHICH IS PROTECTED. SO THAT IS SOMETHING THAT WOULD OCCUR DURING THE COLLECTIVE BARGAINING NEGOTIATIONS. >>LUIS VIERA: YEAH. IT'S HARD. FOR THIS, BEFORE COMING WITH A PROPOSED SOLUTION, FIRST WE HAVE TO ASCERTAIN THE PROBLEM OR THE CHALLENGE. THERE IS AN ONGOING PROBLEM. CHALLENGE, REQUIRE AN ORDINANCE OR SOME SORT OF COUNCIL ACTION, I'M CERTAINLY OPEN TO IT BUT I HAVE TO ENGAGE MORE ON THAT ISSUE. I KNOW YOU TAKE A LOOK AT THE ECONOMIC DEVELOPMENT FOLKS WHO LEFT, FOR EXAMPLE, AND I'M NOT GOING TO COMMENT ON IT BECAUSE I DON'T WANT TO COMMENT ON WHY PEOPLE LEAVE, THIS, THAT. EVERYBODY LEAVES FOR DIFFERENT REASONS. I KNOW YOU HAD A LOT OF PEOPLE LEAVE MOBILITY. THINGS THERE. A LOT OF DIFFERENT ISSUES THAT I DON'T WANT TO GET INTO BECAUSE I DON'T WANT TO SPEAK ON BEHALF OF OTHER PEOPLE. BUT FOR SOMETHING LIKE THIS I WOULD WANT TO DO MORE INQUIRY BEFORE ACTING FORMALLY ON ANYTHING. THAT'S ME. >>GUIDO MANISCALCO: COUNCIL MEMBER CLENDENIN AND THEN COUNCIL MEMBER CARLSON. >>ALAN CLENDENIN: I THINK THESE ISSUES ARE GETTING CROSSED OVER AND CONFUSED. I'M SURE PROBABLY EXPERIENCED THE SAME FRUSTRATION FROM THE LEGAL SIDE OF THIS. I DO HEAR THINGS. I'VE HEARD PEOPLE -- I THINK A LOT OF US HAVE. THERE'S DEFINITELY SOMETHING FLOATING OUT THERE. I SUSPECT IT'S MORE OF A MORALE ISSUE, AND THAT'S SOMETHING THAT IS OUTSIDE OF OUR PURVIEW. WE'RE NOT THE EMPLOYERS. I THINK THAT'S SOMETHING, BUT I BELIEVE SOMETHING MAYBE INDIVIDUALLY WE CAN DISCUSS WITH THE CHIEF OF STAFF, AND MAYBE SOME FOLKS THAT ARE PERSONNEL SPECIALISTS. STARING ACROSS THE ROOM, MAYBE MAKE SUGGESTIONS TO THE CHIEF OF STAFF AND PERSONNEL BECAUSE I WORKED IN ENVIRONMENTS LIKE THAT BEFORE THAT THEY CAN DO SURVEYS, FIND OUT WHAT THE TEMPERATURE IS, WHAT'S HAPPENING, WHERE PEOPLE'S FRUSTRATIONS ARE AND MAYBE THIS IS JUST THE NATURAL FATIGUE OF A SECOND ADMINISTRATION TOO. YOU'VE GOT SOME OF THOSE DYNAMICS AND THE FRUSTRATIONS OF ISSUES WITH THE CITY DEALING WITH US. WHO KNOWS WHERE THE ISSUES WILL COME TO LIGHT AND MAYBE A SURVEY. I THINK THAT IS PROBABLY WARRANTED. VERY DIFFERENT FROM WHISTLE-BLOWER. WHISTLE-BLOWER ACTS, LEGAL DEFINITIONS THAT ARE CONFINED. VERY DIFFERENT THAN THE FORMAL PROCEDURES THAT ARE IN PLACE WITH COLLECTIVE BARGAINING AND THE RIGHT TO REPRESENTATION AND THE UNION STANDING AND ALL OF THAT. BUT I THINK THAT THERE'S DEFINITELY SOMETHING THERE. I THINK IT'S DEFINITELY WORTH PURSUING. I DON'T NECESSARILY KNOW IF IT'S IN THE PURVIEW OF THE COUNCIL TO GET INVOLVED IN PERSONNEL DECISIONS, PERSON NIL ISSUES. MAYBE A STRONG RECOMMENDATION THAT MAYBE SOMETHING LOOK SOMETHING LIKE THAT. SOMETHING HAPPENING THAT NEEDS TO BE ADDRESSED. THANK YOU. >>GUIDO MANISCALCO: COUNCIL MEMBER CARLSON. >>BILL CARLSON: IT'S OBVIOUS FROM THE CHARTER AND TALKING TO LEGAL, WE CANNOT GET INVOLVED IN ANY INDIVIDUAL CASES. THAT'S NOT OUR RESPONSIBILITY. ALL WE CAN DO IS REDIRECT PEOPLE, BUT WITH THE CADENCE THAT I KEEP HEARING FROM DIFFERENT PEOPLE WITH DIFFERENT KINDS OF ISSUES, THEY WOULD LIKE AN OBJECTIVE THIRD PARTY SOLUTION IN SOME WAY. LET ME TRY THIS AND SEE WHAT YOU THINK. MOTION TO HAVE A COUNCIL DISCUSSION ON NOVEMBER 7 ABOUT WHETHER COUNCIL SHOULD LOOK AT OBJECTIVE THIRD PARTY SOLUTIONS FOR EMPLOYEE GRIEVANCES OR WHISTLE-BLOWER ISSUES. SOME OF THEM ARE WHISTLE-BLOWER ISSUES, BUT PEOPLE WANT LIKE AN INTERMEDIATE STEP. >>LYNN HURTAK: SECOND. BUT I RECOMMEND WE HAVE A CONVERSATION DURING A WORKSHOP BECAUSE THAT'S KIND OF WHEN -- >>BILL CARLSON: IF YOU ALL DON'T WANT TO DO THIS, I WON'T BE OFFENDED. LIKE I'VE HAD SO MANY ASK FOR IT. >>LYNN HURTAK: I THINK I NEED TO DO MORE RESEARCH ON WHAT TO DO BECAUSE I HEAR THE EXACT SAME THINGS. >>GUIDO MANISCALCO: DO JANUARY 30th WORKSHOP? THERE'S NO OTHER WORKSHOP WITHIN OCTOBER AND DECEMBER. >>BILL CARLSON: JANUARY 30th. >>GUIDO MANISCALCO: THAT IS A WORKSHOP. >>LYNN HURTAK: WOW. THAT'S THE NEXT WORKSHOP. >>ALAN CLENDENIN: IN SUPPORT OF THAT, IT GIVES US TIME TO THINK ABOUT THIS AND WE CAN ALWAYS -- MAYBE MORE RIPE AT THAT POINT. IF YOU'RE ASKING ME TO MEET NEXT WEEK ON THIS, I DON'T THINK I NECESSARILY WOULD APPROVE IT. THAT AMOUNT OF TIME -- >>BILL CARLSON: CHANGE IT TO JANUARY 30th. >>GUIDO MANISCALCO: COUNCIL MEMBER HURTAK AND VIERA. >>LYNN HURTAK: I DON'T KNOW IF THIS IS SOMETHING MR. SHELBY MIGHT BE ABLE TO HELP US FACILITATE SOME INFORMATION ABOUT THIS, LIKE WHAT OTHER COMMUNITIES DO, BECAUSE THIS IS AN AREA I DON'T KNOW MUCH ABOUT. I LOOK FORWARD TO OTHER FOLKS -- THEN AWESOME. THAT'S WHAT I'M SAYING, IF YOU HAVE RESOURCES THAT YOU COULD SHARE WITH MR. SHELBY WHO COULD SHARE COLLECTIVELY WITH US ABOUT WHERE TO GO TO READ. I DON'T EVEN KNOW WHERE TO BEGIN. IF YOU HAVE SOME RESOURCES, I THINK IT WOULD BE WONDERFUL. YOU COULD SHARE THOSE WITH MR. SHELBY AND HE COULD SHARE THEM PUBLICLY WITH US. >>ALAN CLENDENIN: I THINK WE NEED TO LET THIS PERCOLATE AND HAVE DISCUSSIONS AND TALK WITH FOLKS AND SEE WHERE WE'RE AT IN JANUARY. THERE IS A LOT OF LEGAL -- THERE ARE A LOT OF THINGS HAPPENING. >>GUIDO MANISCALCO: WE HAVE A MOTION -- >>LUIS VIERA: I'LL SUPPORT THIS. I WANT TO MAKE SURE THAT WE ASCERTAIN WHAT THE FOUNDATION TO THIS IS BETWEEN NOW AND WHENEVER IT COMES BACK TO SEE IF THESE CHALLENGES THAT HAVE BEEN HIGHLIGHTED RISE TO THE LEVEL OF SOME SORT OF FORMAL COUNCIL ACTION. AS A COURTESY, I'M GLAD TO SUPPORT THIS TO HAVE FURTHER DISCUSSION ON IT. I WANT TO SEE, AGAIN, ARE THESE ISSUES BEING HIGHLIGHTED, DO THEY WARRANT TAKING A STEP LIKE THIS? THAT'S ON US I THINK TO LOOK AT THAT INDIVIDUALLY. >>ALAN CLENDENIN: I HAVE A CHARTER QUESTION. I THINK THE ONLY STANDING THAT THIS COUNCIL WOULD HAVE WOULD BE THE INVESTIGATORY -- >>MARTIN SHELBY: THAT'S CORRECT. YOU HAVE TO DO IT WITHIN THE CONFINES OF ASSOCITED LAW, LIKE COLLECTIVE BARGAINING AGREEMENTS, WHETHER YOU CAN INVOLVE YOURSELF -- >>ALAN CLENDENIN: THIS IS COMPLICATED. AS WE PUT OUR HATS ON IT, IF THIS MATURES TO THE POINT THAT'S WHAT LOOKING AT IN JANUARY. >>MARTIN SHELBY: IF YOU'D LIKE TO DO THIS NOW IN THAT THIS INVOLVES THE ADMINISTRATION, DO YOU WANT TO INVITE THE ADMINISTRATION TO BE PART OF THE DISCUSSION OR PRESENT? >>BILL CARLSON: THEY ARE GOING TO BE A PART OF ALL THE DISCUSSIONS WE HAVE. SOME WE CAN'T HAVE WITHOUT TALKING TO THEM ANYWAY. >>ALAN CLENDENIN: I THINK WE NEED TO HAVE DISCUSSIONS. >>BILL CARLSON: IF YOU ALL HAVE INFORMATION YOU WANT TO ADD TO THIS OR WANT TO CHANGE IT OR KILL IT, BRING IT UP IN NEW BUSINESS BECAUSE WE CAN'T TALK ABOUT IT OUTSIDE OF HERE. BRING IT UP IN NEW BUSINESS. I WON'T BE OFFENDED. I JUST DON'T KNOW WHAT TO DO WITH THIS. I DON'T WANT TO LEAVE THE EMPLOYEES HANGING WHO ASKED FOR SOMETHING. IF YOU ALL FIND THAT WE'RE AT A DEAD END, TELL ME AND WE'LL STOP. >>GUIDO MANISCALCO: WE HAVE A MOTION AND SECOND. ALL IN FAVOR? AYE. ANY OPPOSED? THANK YOU VERY MUCH. ITEM NUMBER 68, WE DID NOT -- WE HAD A REQUEST TO CONTINUE. WE TOOK CARE OF THAT. ITEM 69 IS A BUDGET AMENDMENT RESOLUTION FOR 50,000 BUCKS. >>MARTIN SHELBY: MR. CHAIRMAN, IF I CAN. MARTIN SHELBY, CITY COUNCIL ATTORNEY. YOU RECEIVED A MEMO FROM JUSTIN VASKE WHICH RELAYS A PREVIOUS MEMO FROM MR. ROGERO. THAT MONEY IS AVAILABLE ALREADY FOR THE '24 BUDGET WITHOUT THE NEED FOR A BUDGET AMENDMENT. AND IT'S ALSO GOING TO BE INCORPORATED AND APPROPRIATED IN FY '25. >>GUIDO MANISCALCO: SO NO ACTION IS NEEDED. >>MARTIN SHELBY: THE MOTION TO RECEIVE AND FILE BUT TO BRING COUNCIL UP TO DATE, WE ARE WORKING, LEGAL DEPARTMENT AND PURCHASING AND MYSELF, WORKING WITH USF EXPEDITIOUSLY WITH COUNCIL AND VIERA'S OFFICE TO BRING BACK POSTHASTE A RESO APPROVING THE CONTRACT FOR THE FACILITATOR HOPEFULLY WITH A SEPTEMBER START. SHORTHAND FOR RESOLUTION. THAT'S CHAMBER MUSIC. >>LUIS VIERA: I WANTED TO HIGHLIGHT THE GENTLEMAN WE'RE TALKING ABOUT IS DARRYL BUTLER, A FINE INDIVIDUAL. HAD A CONVERSATION WITH HIM. I HAVE A LOT OF TRUST IN HIM. WE GOT HIM THROUGH THE UNIVERSITY OF SOUTH FLORIDA, ANGELA CRIST, A WONDERFUL WOMAN. I THINK HE WILL BE A REALLY GOOD GENTLEMAN FOR THIS BOARD. WE'LL PROBABLY HAVE -- I HAVEN'T SPOKEN WITH YOU ABOUT THIS SPECIFICALLY -- A VERY SMALL RESOLUTION TWEAK ON THE DATE BECAUSE THERE IS A CUTOFF I THINK IN FEBRUARY. IF WE START IN OCTOBER, THEN WE'LL PROBABLY HAVE TO PUSH IT A LITTLE BIT. I'LL PROBABLY TALK ABOUT THAT LATER ON NEXT WEEK OR WHATEVER. OBVIOUSLY, NO RUSH WITH THAT. BUT EVERYTHING SEEMS TO BE GOING WELL. BUT IT'S BEEN -- AGAIN, I SAY THANK YOU, MR. SHELBY AND TO BRANDON FOR ALL YOUR HARD WORK BECAUSE THIS HAS TAKEN A LOT OF TIME. >>MARTIN SHELBY: BEFORE I SAY, IF I CAN FOLLOW UP ON WHAT YOU'RE SAYING. MY UNDERSTANDING IS THAT USF IS WORKING WITH JUSTIN VASKE AND THEY ARE AWARE OF THAT FACT AND THAT WILL BE INCORPORATED INTO THE CONTRACT. >>LUIS VIERA: I STILL WANT TO GIVE THEM A SAFETY NET. YOU KNOW WHAT I'M SAYING. IF OUR WAIST IS 34, WHY BUY -- >>GUIDO MANISCALCO: MOTION TO RECEIVE AND FILE ON 69. MOTION FROM COUNCIL MEMBER VIERA. SECOND FROM COUNCIL MEMBER CLENDENIN. ALL IN FAVOR? AYE. ITEM 70 WE TOOK CARE OF. ITEM 71 WE TOOK CARE OF. ITEM 72 WE TOOK CARE OF. ITEM 73 WE TOOK CARE OF. ITEM 74 WE TOOK CARE OF. THAT LEAVES US WITH ITEM 75. >>LYNN HURTAK: YES. I HOPE EVERYONE HAD A CHANCE TO READ MS. ZELMAN'S MEMO ON THIS. SO I, PER MS. ZELMAN'S MEMO ON AGENDA ITEM 75, TO TAKE ADVANTAGE OF THE STATUTORY CHANGES AND OPT OUT OF PROVIDING A 75% PROPERTY TAX EXEMPTION FOR AFFORDABLE HOUSING SERVING THE 80 TO 120 PERCENT AMI BRACKET. I MOVE TO HAVE THE LEGAL DEPARTMENT PREPARE A RESOLUTION CONTAINING THE APPROPRIATE FINDINGS AND HAVE THE CLERK ADVERTISE THE RESOLUTION IN THE NEWSPAPER PER SECTION 50.0111 SUBSECTION 1, FLORIDA STATUTES PRIOR TO ADOPTION. I HAVE COORDINATED WITH STAFF AND THEY CAN HAVE THIS READY TO COME BACK TO COUNCIL FOR AN IN-PERSON STAFF REPORT ON SEPTEMBER 17. BASICALLY WHAT THIS DOES, IT -- IT'S YEARLY. WE HAVE TO REDO THIS EVERY YEAR. AND WHAT HER MEMO SHOWED IS THAT RIGHT NOW WE HAVE A LOT OF HOUSING WITHIN THE 80 TO 120% AMI. WE HAVE EXCESS OF HOUSING. WHAT WE REALLY WANT TO INCENTIVIZE PEOPLE IS UNDER 80% AMI, SO THIS WILL DO THAT. >>GUIDO MANISCALCO: I AGREE. YES, MR. SHELBY. >>MARTIN SHELBY: [INAUDIBLE] >>LYNN HURTAK: VERY SORRY. 19th. MY APOLOGIES. >>GUIDO MANISCALCO: CORRECTION. THAT IS FOR THE 19th. THERE IS A SECOND. ALL IN FAVOR? THE SECOND WAS COUNCIL MEMBER CLENDENIN. THAT CONCLUDES THE AGENDA. COUNCIL MEMBER MIRANDA, DO YOU HAVE ANY NEW BUSINESS? COUNCIL MEMBER VIERA, YOU DO. >>LUIS VIERA: YES, SIR. JUST REALLY QUICK. I WAS ASKED BY OUR FRIENDS AT THE LOCAL INDIAN HINDU ORGANIZATION TO DO A COMMENDATION FOR 50 YEARS, OFF SITE ON SUNDAY. IF ANYBODY WANTS TO COME, SUNDAY, THE ONE NEAR TEMPLE TERRACE. I'LL E-MAIL BRENDA AND HAVE ANYBODY AND EVERYBODY THERE. >>GUIDO MANISCALCO: SECOND FROM COUNCIL MEMBER CLENDENIN. ALL IN FAVOR? AYE. ANY OPPOSED? >>LUIS VIERA: YOUNG GENTLEMAN BY THE NAME OF BRADEN HARRIS BECAME AN EAGLE SCOUT. LIKE TO GIVE HIM A COMMENDATION OFF-SITE. >>GUIDO MANISCALCO: ALL IN FAVOR? AYE. ANYTHING ELSE, SIR? >>LUIS VIERA: NO, SIR. >>GUIDO MANISCALCO: COUNCIL MEMBER CLENDENIN AND COUNCIL MEMBER HURTAK. >>LYNN HURTAK: MAKING UP FOR LOST TIME. I HAVE THREE. ON JULY 18, I MADE THE FOLLOWING MOTION THAT THE ADMINISTRATION BE REQUESTED TO INCLUDE AUDITS FOR BOTH SIDEWALK FUNDS AND TREE FUNDS IN THE AUDIT PLAN FOR 2025. CHIEF BENNETT REACHED OUT TO ME AND ASK IF I WOULD CHANGE MY MOTION TO REQUEST A NON-AUDIT SERVICE INSTEAD OF A FULL AUDIT OF THE TREE FUND AND THE SIDEWALK FUND. PER CHIEF BENNETT, NON-AUDIT SERVICE IS LESS IN SCOPE THAN A FULL AUDIT BUT WILL ALLOW US TO ASSESS THE AREA OF CONCERN GULFEN OUR AVAILABLE AUDIT RESOURCES. BASICALLY IT'S NOT A DEPARTMENT, DOESN'T NEED A FULL AUDIT. I'M CHANGING PREVIOUS MOTION TO REQUEST THAT THE ADMINISTRATION INCLUDE TWO NON-AUDIT SERVICES IN THE FY 2025 AUDIT AGENDA TO REVIEW THE TREE TRUST FUND AND SIDEWALK IN LIEU FUND. >>GUIDO MANISCALCO: SECOND BY MIRANDA. ALL IN FAVOR? >>LYNN HURTAK: PRESENT AN OFF-SITE COMMENDATION TO HOMEGROWN HILLSBOROUGH FOR THEIR WORK TO PROMOTE HEALTHY EATING, ECONOMIC SUPPORT FOR SMALL LOCAL FARMS AND NEIGHBORHOOD FARMERS MARKETS. I WILL PRESENT THIS COMMENDATION THIS SUNDAY, AUGUST 4 AT THE HYDE PARK FARMERS MARKET WHICH IS THE FIRST OF THREE LOCAL FARMERS MARKET EVENTS DURING NATIONAL FARMERS MARKET WEEK. OTHER TWO EVENTS AUGUST 10 AT CARROLLWOOD FARMERS MARKET AND AUGUST 11 AT THE SEMINOLE HEIGHTS MARKET. >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER HURTAK. SECOND FROM COUNCIL MEMBER MIRANDA. ALL IN FAVOR? AYE. ANY OPPOSED? >>LYNN HURTAK: ONE MORE. I HAVE MET WITH STAFF AND THEY WILL PREPARE A SIDEWALK UPDATE REPORT SPECIFICALLY INCLUDING THE NUMBER OF SIDEWALKS AND LINEAR FEET BUILT WITH SIDEWALK IN LIEU FEE FUNDS FOR COUNCIL THAT CAN BE USED TO INFORM OUR DECISIONS MOVING FORWARD WITH THE ADJUSTMENT OF THE SIDEWALK IN LIEU FEE. I MOVE THAT THE STAFF PROVIDE THE SIDEWALK CONSTRUCTION FUNDED BY IN LIEU FEES REPORT AS A WRITTEN STAFF REPORT ON AUGUST 22 2024. BASED ON MY CONVERSATION WITH STAFF, THEN I MOVE TO CONTINUE THE RESOLUTION TO ADJUST THE SIDEWALK IN LIEU FEE TO JANUARY 9 2025. THIS WILL GIVE STAFF TIME TO GATHER MORE DATA TO DETERMINE THE ACTUAL CONSTRUCTION COSTS AND TO MEET WITH STAKEHOLDERS. THIS WAS BY THEIR REQUEST. >>GUIDO MANISCALCO: COUNCIL MEMBER HURTAK HAS THE MOTION. SECOND FROM COUNCIL MEMBER CLENDENIN. ALL IN FAVOR? AYE. ANYTHING ELSE? >>LYNN HURTAK: NO. THAT DOES. >>GUIDO MANISCALCO: COUNCIL MEMBER CARLSON. >>BILL CARLSON: THIS ONE WAS GIVEN TO ME BY MY LEGISLATIVE AIDE WHO WORKED OUT THE DATES. MAKE A MOTION TO HAVE THE PLANNING COMMISSION PRESENT, QUOTE, BY 2050, 81% OF TAMPA'S POPULATION OUTSIDE COASTAL HIGH HAZARD AREA, UNQUOTE, AT THE JANUARY 30, 2025 TAMPA CITY COUNCIL WORKSHOP SESSION. >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER CARLSON. SECOND FROM MIRANDA. ALL IN FAVOR? AYE. ANY OPPOSED? >>BILL CARLSON: ONE MORE, LISTEN TO THE MOTION BECAUSE I'LL EXPLAIN WHAT IT IS AND YOU CAN TELL ME WHETHER YOU AGREE OR NOT. MOTION TO ASK THE CHAIR TO SEND A LETTER TO MAYOR WELCH, ST. PETE CITY COUNCIL CHAIR, AND THE RAYS PRESIDENT BRIAN TO CONGRATULATE THEM ON APPROVING A DEAL TO KEEP THE RAYS IN TAMPA BAY. I MENTIONED THIS A COUPLE OF TIMES AND NOW THE TO DO HE WILL -- AND NOW THE DEAL IS APPROVED. >>CHARLIE MIRANDA: I'M NOT GOING TO DO THAT. >>GUIDO MANISCALCO: WE HAVE A -- >>BILL CARLSON: I WITHDRAW THE MOTION. I'M NOT SAYING THAT WE ENDORSE THE DEAL. I JUST THINK AS A SIGN OF REGIONALISM IT'S GOOD TO CONGRATULATE PEOPLE WHEN THEY HAVE BIG SUCCESSES. MOTION WITHDRAWN. >>GUIDO MANISCALCO: MOTION TO RECEIVE AND FILE? MOTION TO RECEIVE AND FILE FROM COUNCIL MEMBER MIRANDA. SECOND FROM COUNCIL MEMBER VIERA. ALL IN FAVOR? [ SOUNDING GAVEL ] WE ARE ADJOURNED.