City Council — September 18, 2025

Alan Clendenin

9:01:22AM -- Tampa City Council. Let's see. I would like to call this meeting to order. Mr. Maniscalco, Councilman Maniscalco, you have the invocation.

Guido Maniscalco

9:01:31AM Thank you very much. Today, our guest for the invocation is a senior policy advisor with holland and knight's public policy and regulation practice group and is the co-chair of the firm's Florida government advocacy team. But more importantly, Governor Martinez served as mayor of Tampa from 1979 to 1986. Then he was elected governor of Florida and served from 1987 to 1991 and was then appointed under President George h.w. Bush from 1991 to 1993 as the drug czar for the united states. It's my honor at this time to welcome Governor Martinez to give the invocation. Please stand and remain standing for the pledge of allegiance. Let us bow our heads. Almighty god, as we begin the process of deliberating the people's business, let's bless the members of City Council with wisdom, that they engage in dialogue in an informative way, that there is no hostility as we serve the people of the City of Tampa, that we act in a fashion that all benefit from your actions, particularly those who are vulnerable and not able to speak for themselves. This city has been blessed with great leadership, including the current members of this City Council. We ask that you continue to give them wisdom, that they continue to serve in the very honest and deliberate way, that they put people first, not themselves and at the end of each day of service, that they thank god that they live here in the City of Tampa. Amen. [Pledge of allegiance]

9:03:35AM Thank you very much, governor.

Alan Clendenin

9:03:36AM Governor, would you prefer governor or czar? Get her to say bob after 70 years, but I have not succeeded. Anywhere from bob, bobby -- don't call me Robert. Nobody calls me that. I won't answer if you call me Robert.

9:04:03AM Pleasure to have you back in old city hall. Appreciate it. You all have a great session.

9:04:07AM Thank you very much. We would like to have a roll call, please.

Charlie Miranda

9:04:11AM Here.

Guido Maniscalco

9:04:14AM Here.

Lynn Hurtak

9:04:15AM Here. Carlson?

Bill Carlson

9:04:17AM Here.

Alan Clendenin

9:04:18AM Here.

The clerk

9:04:19AM We have a equal quorum.

Alan Clendenin

9:04:21AM Councilman Viera is running slightly behind. He should be here any moment. I would like to have a motion to receive and file the minutes from the regular session of September 4, 2025 and the evening session held September 11th, 2025. Motion from Miranda, second from Maniscalco. All in favor, aye. Opposed? Ayes have it unanimously. Thank you very much. Let's go through some housekeeping on the agenda. I have a walk-on, which you guys should have a copy in front of you. I believe they distributed it. I would suggest we place that after consent agenda items, item number 47. Motion from Councilman Carlson, second from Councilman Miranda. All in favor, aye. Opposed? Ayes have it. Item number 69, a request to move that to a time certain after lunch at 1:30. Motion from Councilwoman Hurtak. A second from Councilman Guido Maniscalco and Mr. Shelby.

Martin Shelby

9:05:15AM What item was that?

Alan Clendenin

9:05:17AM Item 69. Motion from Councilman Viera.

Martin Shelby

9:05:25AM Just a reminder, council, you also have the hearing at 1:30. This will precede the hearing. Thank you.

Alan Clendenin

9:05:35AM All those in favor, aye. Opposed? Ayes have it unanimously. Thank you. We have a request from Abbye Feeley to continue item 71 to October 23. We have a motion from Councilman Maniscalco. Second from Councilman Miranda. All in favor, aye. Opposed? Ayes have it unanimously. Written staff report, date to be determined, item 73. We have a request to continue that to a date to be determined. Motion from Councilwoman Hurtak. Second from Councilman Miranda. All those in favor, aye. Ayes have it unanimously. Request on item 77 to move it to November 20. Motion from Councilman Maniscalco. Second from Councilman Miranda. All those in favor say aye. Opposed? Ayes have it unanimously. Request to move item 78 to October 9 from Councilman Viera. Motion from Councilman Miranda, second from Councilman Maniscalco. All those in favor aye. Opposed? Ayes have IT. Staff reports, I believe number 70, Brandon will be here to do a presentation per your request.

Lynn Hurtak

9:06:37AM Yes.

Alan Clendenin

9:06:38AM Very good. How else are we doing on staff reports? Anything else? Any other notes?

Lynn Hurtak

9:06:54AM 66 and 67. I don't know that we need staff.

Guido Maniscalco

9:07:02AM I'm good without them.

Alan Clendenin

9:07:04AM 66 and 67 we do not need staff. Put that in the receive and file business.

Martin Shelby

9:07:10AM [Inaudible]

Alan Clendenin

9:07:13AM Okay. Take it up after consent. No staff for 68. 70.

Lynn Hurtak

9:07:27AM 72. This is our discussion, so it needs to stay.

Alan Clendenin

9:07:33AM 72. Got it. Very good.

Guido Maniscalco

9:07:40AM Move to receive and file --

Lynn Hurtak

9:07:42AM We can't yet.

Guido Maniscalco

9:07:46AM For the written?

Alan Clendenin

9:07:47AM Motion from Councilman Maniscalco. Second from --

Lynn Hurtak

9:07:51AM 74 through 76.

Alan Clendenin

9:07:53AM 74 through 76, yes. Second from Councilwoman Hurtak to receive and file items 74, 75, 76. All those in favor say aye. Opposed? Ayes have it.

Guido Maniscalco

9:08:05AM [Inaudible]

Alan Clendenin

9:08:06AM We have a motion to approve the agenda and addendum from Councilman Maniscalco. Second from Miranda. All in favor, aye. Opposed? Ayes have it. Very good. The agenda has been approved. So staff reports, Chief Bennett.

John Bennett

9:08:26AM Good morning, council. John Bennett, chief of staff. Good morning to the public. Item 65, administrative update offering two three-minute opportunities for transparency to the public. The first one is, as you know, we changed our agenda management system from sire to onbase not too long ago. Our t and I staff, technology and innovation staff, have been importing about 4 million records from sire into onbase. So they want to give a short demo to the public and to council about how accessible those former records are. So that will be a quick virtual presentation. Secondly, I heard a briefing recently that I think would appeal to the public, and this is something Councilman Miranda has been talking about for some time. When a member of the public purchases a residence, and they find out after the fact that there was unpermitted work, it creates a significant challenge for them. So what we had realized is that we've been sending our accela records, which is our permitting platform, over to the property appraiser's office for some time. You can access all those permits through the property appraiser, which people tend to go to more so than to go back check on accela. They will give a demonstration for the public. If you are purchasing a home and somebody says I have a new hot water heater, new roof, you can go to the property appraiser to see if those were permitted to make sure you're buying something already preapproved. JC Hudgison, Chief Building officer, another virtual demo for about three minutes, barring questions from council.

Alan Clendenin

9:09:59AM Thank you. Look forward to the presentation. Appreciate it.

Charlie Miranda

9:10:05AM Chief of staff, I agree with that. However, there's got to be a way that we can simulate that and send to different people that do that kind of work like the property appraiser's office has it. You can go in there and go into the files and look at it, like all the legal firms. Send a notice that you can do that now so when they sell the house, we get void of all the problems that we have.

John Bennett

9:10:28AM I think after this demo it would be a worth a partnership in communication between both agencies to share that to the real estate community.

Charlie Miranda

9:10:36AM I want to thank the administration very much for doing that.

John Bennett

9:10:39AM It was recognized as a good opportunity. Thank you.

Alan Clendenin

9:10:45AM Thank you very much. Now we are going to move into the commendations and presentation mode. DeAnna Faggart, are you on? DeAnna Faggart, director of purchasing for City of Tampa.

9:11:07AM Nothing is getting purchased this morning, I can tell. [ laughter ] everyone. So we do have representation at the office, but I appreciate the concern.

9:11:20AM I know I said your name. Start with your name for the record. So we are here today just to acknowledge the Purchasing Department. The team behind me works very hard every day and the National Procurement Institute has given us the achievement of excellent in procurement for the 19th year in a ROW. This award is intended to demonstrate that we are demonstrating professionalism, innovation, best practices. Every year the criteria changes, so it's not just resubmit the same application. We have to go through a long process of documenting everything that we do. Different just progressive improvements over time. Today I wanted to allow staff to introduce themselves. But I'm going to start with Michelle blizzard, who is my executive aide who is the one who compiles that application for us every year and spends a lot of time on that and works very hard. Good morning.

9:12:28AM You don't want to come up. Maybe they'll capture the group of you on camera, unless you want to say something. It's new high definition tv so it really zooms in on you too. Inventory. We just appreciate the acknowledgment and the opportunity to come up and brag a little bit. [ applause ]

9:13:23AM Councilman Miranda.

Charlie Miranda

9:13:24AM I want to say thank you. I know your job is not easy. I can see why you do such an excellent job because you have excellent employees behind you. No chief can be a chief unless somebody is holding them up. I want to say not in that way, but in the right way, say thank you all for what you do every day. It's not easy to get all the things that come in on bids and you have to check, if you have the equipment, certified, insurance, everything is piled into one. It's not just, oh, this one takes it. No, it's not that easy. We want to thank you very much, the whole staff, City of Tampa, people here and what you do on a daily basis. Congratulations.

Lynn Hurtak

9:14:00AM I want to echo the congratulations. 19 years in a ROW is a really big deal. I love this particular award that says you have to look for something new every year. It really keeps you focused on every area because it seems like you don't probably know what's coming and what you have to do. That's a real testament to just the ability of your entire staff. It's really wonderful. Thank you all for coming down this morning. It gets really exciting. You should be very proud.

Alan Clendenin

9:14:31AM On behalf of Tampa City Council and the folks that turn out this money, we're very appreciative of the staff and how responsible you are and the amount of trust that we place in every one of you for your excellence. It's nice to always be recognized. I share the sentiment everybody here on council of our appreciation for everything you all do. The folks not here today, we appreciate you as well. Chief Bennett, would you like to say something?

John Bennett

9:14:59AM I would. Thank you. Thanks for the moment and the privilege to recognize this group. I want to tell you, DeAnna competed for this position about two years ago. Mr. Spearman, our elongated director, retired. A year ago, coming up recently this team worked tirelessly around the hurricane to bring in supplies under tremendously difficult conditions twice in a ROW. They slept in the eoc. They constantly worked on procuring things during the emergency, and they did an absolutely amazing job. Secondly, I want to thank council for recently trusting them to elevate some of the procurement standards and report transparently back to council in that space. It helped manage their workload to do things other under unique conditions, like tariffs and increases and all that. Again, thank you, council, for collaborating with us and working with the staff under these conditions. Thank you.

Alan Clendenin

9:15:52AM Thank you. Well congratulations. [ applause ] next is the Florida Department of Transportation, an update on the activities within the City of Tampa. I see our F.D.O.T. Representative and mobility guy back there. Hey, mobility guy. Brandon Campbell, Mobility department. I just wanted to introduce Brian hunter. I know he not a stranger to this body, but he is here to present on behalf of F.D.O.T. On several topics that are a direct result of interactions and requests by you all. I just wanted to say that they have been very responsive to some of the specific information requests brought forth by you in this particular setting as well as great partners with us. Our systems interface all across the city in some very obvious places like interstate ramps but all across the roadway network itself. F.D.O.T. Also administers a lot of federal funds through the local agency program to fund construction on a lot of our City of Tampa-owned roadways. So they have been great partners and continue to collaborate and cooperate with us. Every week, a lot of times daily. We really appreciate their support. Brian hunter has a few things to update you on. I will turn the microphone over to him.

9:17:32AM Good morning, Brian. I just have a --

9:17:37AM You have to start with your name. Transportation. Just update you all on a couple of projects we have going on, like Brandon said, every single one requires significant coordination with the City of Tampa staff and we really appreciate the professionalism and ease with which it is to coordinate with them. The first one we recently completed, the doyle carlton to Tampa sidewalk connection. I believe this request came out of council member Hurtak's office. It was an idea she presented to us and made a whole lot of sense. Glad we got that and were able to put it in. That is just north of the i-275 ramp that goes to doyle carlton. There we're connecting Tampa Street to the water works park area. We also put in a pedestrian crossing across doyle carlton and a speed table as part of that project. That one just wrapped up earlier this year. It seems to be pretty heavily used when I was out there the last couple of times. Starting early next year, we'll be having a landscaping project on i-275 basically from floribraska up to Hillsborough with an emphasis in the Robles park area. That is going to be a whole lot of plants going out there. We have almost over 900 trees, 3300 plants that will be planted along that corridor. Most of those will be outside of the noise barriers. We do have some at the interchanges for beautification in that area. That one, we worked really heavily with the City of Tampa to pick the right Florida friendly and site appropriate plants and get them in locations easy to maintain. Another project we've been working with the city significantly on is the Ashley Drive project. As you guys know, you all have a project on ashley to reconnect some of that grid network there. In order to support that, we have to make modifications to the off-ramps, ashley and Scott Street. Now, our permanent long-term condition that we are going to rebuild, the Scott Street ramp and the ramp that goes on to 275 above that, that one is not scheduled until much later in our work program like 2032. We've been working with the city to identify some interim improvements that we can kind of piece together a way to handle that displaced traffic from the construction. Scott Street, we are going to widen the off-ramp so we can put another dedicated turn lane on to Tampa to take some of that and then there will be some other detour routes that we'll work with the city to implement there. Howard Frankland Bridge, one of the biggest projects. That will wrap up early next year. That does include a bicycle and pedestrian facility on the north side of the bridge that will tie into all the trails in the cypress park area over there just north of i-4 and eventually into the greater trail network in the City of Tampa and throughout Hillsborough county and pinellas county as well. On the other side, we're connecting to 4th street trail as well as ulmerton trail in pinellas county. The downtown operational and safety improvement project, it's currently ongoing. That should be complete sometime in the middle of 2027, probably spring to summer in that range. Westshore interchange, which is the next big project that we'll have coming online, that will start construction sometime early next year. We have done a lot of the early works project to help with the traffic accommodation during that construction project. That will be under construction a little while, like 2031, early 2032 is when it's completed. Those are all the updates I have, but more than happy to answer any questions you may have.

Lynn Hurtak

9:21:12AM I want to say thank you for all those updates. I do want to say that I lead a Sunday bike group that has been looking at some of the changes in bike-pedestrian accommodations. We have noticed that there is the light now at ola and MLK, so very excited about that. Want to say thank you. Looking forward to the finishing of the project. It's nice to see what's coming and really excited about all the other improvements and just want to say thank you so much and really appreciate that you are bringing these updates.

Alan Clendenin

9:21:52AM Thank you. Those of us that serve on the tpo, which is the majority of people up here on this panel right now, we are very aware of how receptive and what a great partner the Florida Department of Transportation is, particularly this district and with the City of Tampa and what you all do with the City of Tampa. We're lucky to have our secretary and all the support staff and what you bring to the City of Tampa. On behalf of council, thank you guys for being such a good partner. Other areas that maybe have not great relationships and partnerships. We're very lucky to have that. Making sure, and probably could have been a phone call, you guys are retaining the underpass somewhere in that project, mixed modal type of transition from north of 275 to south of 275 so we don't end up in another cypress situation. If you could take an iou on making sure we reserve a path underneath 275 with a Westshore, like trask, wherever it will be, reserve an access from north to south so we have a mixed modal connection to any of our proposed transportation options. Westshore to provide connections. I think there might be one at rio street, but not hundred percent sure on that one.

9:23:12AM I want to keep hitting that, like cypress, where we end up a support structure where we want -- thank you very much. I appreciate it. Make sure you bring our good wishes from council back to everybody that you're working with. Thank you. I have a personal point of privilege. Like to introduce an Officer, Joseph o'neal. Come here. You can't get away. We have officers that will come and get you. Don't make me rule you out of order. This is Officer Joseph o'neal. He is celebrating 25 years of service with the City of Tampa. He's been protecting the city --

9:24:07AM 45. 45 years. Protecting us. Also in addition, 20 years in the reserves helping protect the United States of America. I believe today is your last day.

9:24:20AM Thank you. One, I want to say thank you on behalf of City Council for your service to the citizens of Tampa and the United States of America. We appreciate everything you do. I'm sure you're aware that this council is very appreciative of the people that wear badges and protect us every day. We know you'll continue to have a wonderful experience in retirement. Maybe we'll see you running for office one day. [ applause ]

Bill Carlson

9:24:53AM He forgot to mention a really important point that you've been protecting us and the people that come to the chambers. Thank you so much. I never knew so much went on in City Council.

Alan Clendenin

9:25:07AM Hey, we're the best tv in town. It is.

9:25:10AM Do me a favor, can you state your name and say something to everybody? I've been here 45 years. I've enjoyed it. It's a hard job, but it's what you make of it. Put a lot into it, you get a lot out. I made a lot of friends and a lot of good times and bad times. Good times outweigh the bad.

9:25:35AM Thank you for your service. We appreciate it.

Luis Viera

9:25:37AM Officer, thank you for your service. Always a pleasure to deal with and you always have a nice smile. Just 45 years, as the song goes, that's something to be proud of. Appreciate it.

Alan Clendenin

9:25:51AM Well, thank you. Okay. Walk away. [ laughter ] we are at board and administrative appointments. Oh, public comment. I do not have the sheets. Sign-in sheets. Michael randolph. I met Michael for the first time this past week. It was a pleasure. I really enjoyed meeting you. Thank you so much. So, yes, my name is Michael randolph. Today, I want to talk about training that is coming up for generation z, building a new school and a pathway to power. Over the last five months, young leaders in East Tampa have stepped up, forward and clarify with -- the message is urgent and unified. They are ready to lead. Not someday, but now. They are not asking for permission. They are demanding the tools. That's why training is not a luxury, it's a necessity. Unlike the neighborhood leadership center, top-down model, our folks flip the script. We don't just teach leadership, we cultivate community power. Ground-up blueprint designed by and for the next generation of change agent. Our first workshop starts on October the 30th. Applications are now being open for our inaugural training. What does it include -- affordable housing development, program design, community organizing and mobilizing from the block to the ballot. Economic and community development, our opportunity zone. Community benefit, the CRA. Artificial intelligence. Tools for equity. Negotiation. Engaging, politicians and others with confidence. Finally, private-public deal making. Putting the community at the head of the table. This is more than training. It's a blueprint for generational wealth, civic engagement, and bottom-up transformation to the young people taking the leadership, thank you. Thank you, City Council.

9:28:42AM Thank you, Mr. Randolph. Our next speaker is marty Shelby. Would you like to read the rules?

Martin Shelby

9:28:50AM Thank you, Mr. Chairman. Good morning. Good morning members of the public. Martin Shelby, City Council attorney. Very briefly, I'd like to talk with you about the rules governing the decorum of today's meeting. Members of the public are allowed a reasonable opportunity at the beginning of today's meeting to address any item on the agenda before the City Council takes official action on the item. A three-minute time limit applies to all speakers providing public comment. Now, if you wish to speak during general public comment, which is coming up next, you should have filled out a speaker card and placed it in the box outside the room. One card per speaker. Each person submitting a card will be recognized by name to approach and speak. Names, please, have to be printed legibly because names that cannot be read will not be called. If you are here to speak at a public hearing, that is listed as a public hearing on the agenda, use the sign-in sheet that's outside the chambers instead, and your opportunity to speak to that item will be when that item is called up. If you need assistance, please see City staff. Speakers and members of the public are also reminded to please refrain from disruptive behavior, including making vulgar or threatening remarks or making or causing disruptive noises or sounds or displaying signs or graphics. The Chair Will rule out of order any person who speaks without being recognized or attempts to address the council from outside the speaker area at the podium. Persons failing to comply with the council's rules may also be ruled out of order by the chair and at the discretion of the chair may be removed from the chambers for the remainder of today's meeting. Finally, please be advised that that general public comment is the time for you to speak on items on the consent agenda and on the items that are set for staff reports. If it is a staff report, the time to speak is now. Finally, City Council should remain from engaging a speaker under public comment and the public should be aware that the City Council does not take questions or have a dialogue during public comment. This is your opportunity to express your position. Thank you.

Alan Clendenin

9:30:58AM Thank you, Mr. Shelby. Valerie and Charlie, you signed up on the public hearing. I'm assuming that you wanted to speak during public comment, is that correct? And Charlie, public comment? I'll incorporate you into that list. Tarah Bluma followed by marty greene. I'm Tarah Bluma. I want to talk about the CIP vote that you had the other night. I feel strongly that those items should have had separate votes. I know that more than one council member had concerns with various individual items. Lumping them all together is pressuring people to have to obviously approve the entire package instead of being evaluated on their individual merit. Especially with so many concerns regarding the hundred million dollars South Howard project, two people had mentioned -- we've already thrown money after that project. You shouldn't throw more money at a bad project just because you've already spent some. Let's cut our losses and move on to some smaller projects that can actually help the neighborhood with more focused capital improvements there. And then I want to talk about the City Council charitable giving topic. I believe that you are all good people with the best of intentions and your hearts in the right place. There are thousands of nonprofit organizations in the Tampa Bay area, and we can't give to them all, nor should you want to. Just because an organization is doing great work does not mean that it necessarily should be funded by the government. I work in this industry. I think that you are doing this backwards. You have all these groups that you all have decided are great and you want to support, and now you're trying to find apartments to stick them to. You need to start with your goal. Identify what success looks like and what programs are going to best accomplish that. Some portion of that might be city programs. It might be state and federal partnerships. It might be directed personal grants to individuals, and some of that that will be and should be working with our great nonprofit partners. But after you identify what your goals are, you need to go out and look for the best nonprofit to help you accomplish that specific goal. Just because they are great does not mean that they are the best thing, the best organization to help for that specific goal in line with that department. Then you should look at their charity navigator ratings. You should look at their financial reports, reviews from other nonprofit peers and their client population. Who are the people that they are serving and do those people trust that organization? Let's then give them specific objectives and then hold them accountable. I haven't heard a single one of you say, hey, what did we get for the $175,000 annually to the Florida orchestra? Can you defend that?

9:34:42AM Time is up. Tampa history 8 and veterans 3.

9:34:50AM Time is up. Please be respectful. Marty greene followed by mentesnot. I call it sexual assault, but I also call it womanizing. As this states, this is from another employee that was scared to come forth about Michael brown. It says, more disturbing, I personally witness a temporary employee named erica engage in sexual activity with Mr. Brown while at work. This is the problem. Mr. Brown try to blame it on another girl that it was already questioned by Rodriguez. This is a continually pattern having sexual advances, sexual problems with employees. Something need to be dealt with with the situation. The employees scared to come forward. Pam Michael -- paying Michael brown for overtime. Got the whole e-mail. Willing to come forward, but lawyers dealing with that situation now. What I want to bring forward today is, let's talk about stormwater. North Tampa. The City of Tampa paid out $3.2 million, but altogether it was paid out $750 million. We at fault. The reason why -- it's called preventive maintenance. We did not maintenance none of those pumps. I was the one going to get the diesel trucks and bring back to the yard so the diesel could be filled up. The reason the pumps don't turn on, if the courthouse went -- the second generator would kick on. Why didn't it kick on? Reason didn't kick on, no diesel in the tanks. Therefore, trying to blame it on hurricanes, hurricane did this, no, we did that. That's on us. We're human. We make mistakes. At the end of the day, ftes not getting the training we need to move forward and try to conquer this situation. About the hurricanes, we're not ready for it. If one comes right now, the city is going to go down. Why? We could talk about South Tampa, what about North Tampa? All the people, they have no cars, no money. Ice is picking them up because a lot of immigrants over there. A lot of poor black people. We're talking about people that can't afford it. We're trying to make the blame, the county, no, the city. You are supposed to go to the pumps every 30 days. Turn the pumps on. Make sure you go to the outfall. Turn on the next one. Go to the next outfall. That's not what we're doing. Turning them on, see if they are working and then not working. Therefore, under the sunshine law, anybody could request it. At the end of the day, you can request it but who fall on, deaf ears? Like I say, the problems I have, Brian Campbell saying certain things, he is a serpent, a snake, spineless little man. He won't say nothing about what is going on and I address that with him.

9:38:02AM Thank you, Mr. Green. Mentesnot followed by Stephanie poynor. Good morning. Uhuru means freedom in swahili. Mentesnot, Tampa, Florida. A lot of talk going on about Charlie kirk. I want to bring some awareness to that. Some people have objection saying Charlie kirk is equivalent to Martin Luther King or mother teresa or who so far. It's a great probability that to some people he might be. They are entitled to that opinion. But to some people, Tyler Robinson is like nat turner or like John brown or like fred hampton or like huey p. Newton. Tyler Robinson is like the resistance. So what one person is to one person it might be to somebody else. It might not be that to somebody else. And in life, there are consequences. I have consequences for coming here trying express reparations. Trying to express that we're 26% of the population and we need 26% of the city budget retroactively from 1855. That's trillions of dollars we need in our community. You got mfs coming up here talking about a bitch just talked about 900 trees at Robles park. They talk about bike paths. They talk about greenspace. They talk about river walks, but nobody in this City Council in the history of this City Council has ever talked about an average plan, a general plan, a comprehensive plan for the african, for the 26% of the population of this city. Nobody has ever talked about a comprehensive plan for how the african is going to be here in this city a thousand years from now. We get nothing. People coming down here having to beg, beg, beg, beg, made african people out of a begging class and you laugh at it. You try to stand up and they shoot you right down. You try to stand up for what's decent, for what's humane, and they try to treat you like, oh, he's radical. He's this. That person is that. She's this, she's that. No, that's not the case. You come in a place where there is city government and you don't hear the word colonialism, reparations, gentrification, in a time like today, a sorry City Council have never once mentioned the word palestine. Genocide going on right now, right this second in palestine. It's going on right here. Seven people and never heard the word palestine come out of their mouth. Something is wrong with that.

9:41:12AM Thank you, metesnot. Stephanie poynor followed by connie burton. Stephanie poynor, I first of all want to thank the staff that reaches out to me. I have quite a few that do reach out to me when I do my agenda review. And they do answer some of my questions. That's why I don't further pursue them. I think it's really nice they take the time to answer my questions. I think my questions are relevant but not always. I would like to first point out that Ashley Drive, I hope every penny of it comes out of the Downtown CRA, if you can ever get money out of the Downtown CRA because Franklin Street can't. West River project, same thing, although I still think it violates the comp plan. Number 26, clover with credit card fees, I hope that's working forward on getting us not supplementing people using their credit cards instead of paying cash or using a debit card like normal businesses. 40 and 41, economic development funds going to USF, my mouth hangs open that they would still be considered middle and low-income businesses in the 6 to 99 employees. I'm thinking 1 to 5 is middle and small, low-income businesses. It blows my mind. My dad owned business for years. He was in the last business, and he was making good money, and if you're not making good money by the time you have six solid employees, then you're doing something really, really wrong. But I would think they would lower it down 1 to 5 employees and start there. 42 through 44, 140% of AMI. Currently, according to the city's website, if you are one person, you can make $102,000 a year and qualify to buy those homes. I never made that much money in my entire fricking life in one year. That is a lot of money. I'm flabbergasted that we'll give up decent size lots and build one single family home on it. We talk about missing middle. We talk about generational wealth, but these should be going to folks in the 80th percentile at least. People making $59,000 a year as one person or $83,000 a year for a family of four. We really have to look at this. I'm wondering why we're giving away the money if we can't figure out how to do better with what result in for the people who need it most in the community. 140% AMI is market rate. Stop it. Number 45, we're giving a 7.7% raise to our staffing for mobility services. I hope that there's somewhere in there, the contract is as long as my arm that we ensure at least 3% is going to the employees and not all put in the pocket everybody else about a 3% price index increase. Number 72, let's look at what we can do to help the people who own their houses as of September of last year when the hurricanes hit, what we can do to help offset the fees that they have for something else --

9:44:24AM Thank you, Ms. Poynor. Connie burton, followed by carroll ann Bennett. Connie burton. Stephanie took up most of what I want to say. Focusing on item number 3 and 4, which is the mayor's prerogative to do what she do, I was just downtown the other day and looking at the kress building. Abandoned for years. Probably won't ever be touched. People can cheer and holler about all the great things going on in public housing, Robles park. Many of those residents won't return. You go right now to the encore, where they took public housing property and build in a hotel, I don't know probably the workers would be some of the former residents, but I can't see people being able to live up there, rent up there to enjoy that. You go right there on Ray Charles Boulevard where they give the great speeches of how this redevelopment is helping poor people, they have an answer core day care center. It's advertised as that, but dead empty. Not a child in sight. Not a child in sight. Go over there and look at it. 1107 Ray Charles Boulevard. So all of this stuff, all this appointment of these people to the board, when you can't even get them to come to this podium to tell you what are they doing, realistic, home ownership for poor people. What have they done to make sure people, even though they have been busted out and pushed out into the suburbs, into the county, how have their lives improved? The only thing that has happened is out of sight, out of mind. Item number 41, 42, you know what you can't say anymore, the single-family homes is where these LLCs getting the properties for free. You elevate them. But then they come back and sell it as if they are some real brokers. Now what you've got in the agreement, they can sell it or rent because more poor people in our community won't be able to buy at this price. You all know it. You all know it. But if it make you feel good saying that you are giving money back in some of these communities, you are reaching out to some of the mostly african nonprofits that are supposed to be taking care of poor people. It is all b.s. It has not helped the masses of the people. It has not changed the economic conditions of our people. And you can put all this stuff on your brochures as you move up politically. The people are here to will he mind you. It is not working.

9:47:21AM Thank you, Ms. Burton. Carroll ann Bennett followed by Valerie bullock. My name is carroll ann Bennett. Item 72 is to allow hurricane victims to pay the old sidewalk in lieu fee. Anyone who applied before the fee was raised on April 17 is already exempt from the higher fee, and that is six months after hurricane milton. So it probably applies to most people who still own their hurricane damaged home. Maybe some people don't know that. After the hurricanes, the city waived permit fees for months to help out hurricane impacted residents, but they did not waive the permit fees forever. There was an end date. But even so, this proposal is okay with me under two conditions. One, it must be for the person who lived in the house during the hurricane, not people who have bought out the old homeowners. Two, must be a legitimate obstacle like tree or ditch, not because they don't want a sidewalk or no connecting sidewalk. Remember, no one has to pay this fee. They can build a sidewalk. When we amended the code in 2021, the no sidewalk excuse was supposed to be eliminated. Those are the places that need them the most. But we were told it needed to stay for special circumstances and would be rarely used. Instead, the exact opposite has happened. Reason number one, four reasons, reason number one has been used more than all the other three reasons combined. You can see the percentages per year of reason number one being used. Builders are exploiting this exemption to increase their profits. The builder of this house is allowed to pay the old fee instead of building sidewalks because there was no sidewalk. This is over $3 million house. They could afford to put in sidewalks. They just did it to put a little more money in their pocket. The same for this house. They say they should pay the fee instead of putting in a sidewalk because, quote, unquote, unlikely there will be additional development nearby. This is my neighborhood. The house next door is old. Lived in by an elderly person. Covered in vines. Going to be sold soon and redeveloped. This is a map of the Virginia Park pipes project. The green is all the infill sidewalk that was supposed to be built to close the gaps. And a lot of the blue actually, there's green next to it or behind it, but you can't really see it. They shouldn't have this many gaps. If the builders had built sidewalks instead of abusing the loopholes, we could do more with our money and spread it farther. Those gaps are going to be filled with the all for transportation money. We didn't get it so it didn't happen. We still have that goal and think of how much farther our money can go if there's less gaps so that when we finally get to do it, it can go all around schools and places that really need it. I'm fine with approving this allowance if you meet the two conditions I outlined. Remember, no one has to pay the fee. They can just build a sidewalk and the I don't want a sidewalk is really not in the best interest of our community.

9:50:44AM Thank you, Ms. Bennett. Valerie bullock, followed by Charlie Adams. Valerie bullock. I'm going to read something that one of you all had appointed diane ziegler to the CRA Board. I'm going to read something that she told me on facebook. I told her that she was a problem and the words she say she heard East Tampa people, and she didn't like us, she shouldn't have moved over there. When I said us, I meant black poor people. This is what she said. No, Valerie, you are the one who has hurt East Tampa. It wasn't on my watch that all those hundreds of neglected homes in the hands of so-called homeowners ended in such deplorable conditions and need to be on life support surviving only with tax funding. Not my watch that your East Tampa ponds ended looking like dumps and not my deal that people dump their free lunches right in the intersection because you know, but we clean up the hood every day and all in ten gallons of trash. That's 70 gallons a week. I never see your face out there cleaning up the neighborhood, so you must be part of the problem. The best thing happening is that people with more skills and talent are moving in restoring sanity, and that's what you resent. Somebody put on the East Tampa CRA Board and she has views like that. I'm asking you, are those your views also? Because what she said was very derogatory. This isn't the first time she said something like that. When I post on facebook, we go back and forth. Her facebook name is -- woods. One time she told me I want to live in -- whatever that means because I never heard that word before. My house look just like the people's houses on Harbour Island. I have a problem with 3 and 4. The people being appointed to Tampa Housing Authority. Have they been vetted? Have there been any other people who could fit that slot more better? When I see, the mayor appoints somebody to Tampa Housing Authority, we don't look at them. She said she want them and it's rubber stamped and stay there and retire the rest of their life. They are so detached from poor working people and what's going on in Tampa Housing Authority property it's just ridiculous. If the person go up there and they don't -- just because she appoint them and they want the money, if they can't do their job, they shouldn't be there. I'm against the infill lots, getting money from CRA to be at the houses. They want to build them for 140% AMI, now they are going to get generational wealth. If the city gives them the lot and the CRA gives them the money to buy it, we need to put some limitations and make them sign contracts. 140% AMI. That is too much. They can build two houses, they are town houses. We need density there. They want to put it everywhere else. Let's put it there and then you serve two people instead of one.

9:54:03AM Thank you, Ms. Bullock. We have Charlie Adams and that is the last speaker I have on my list.

9:54:10AM Did you sign a card? I will seek that out. Thank you. Thank you for the opportunity to speak this morning. I wasn't available. Charlie Adams, representative of Sulphur Springs. I wasn't here to speak just last Tuesday in regards to a few items spoke on for the budget for the Sulphur Springs area. I want to thank you all for your efforts and paying attention to the Sulphur Springs community and making sure that we're not forgotten. Moving forward in the future, Councilwoman Hurtak, I really appreciate you taking action. Maniscalco, Carlson, I really appreciate it. Charlie Miranda, your comments as well. 1925, September 1925, joe sire richardson, a visionary that came to the Sulphur Springs community and envisioned a tourist attraction that brought people from all over the world. Seen something unique and added value to the community and added value to Tampa. Nearly a hundred years later and now we're taking action to -- we may not see what it once was, hopefully something even more beautiful than the past. My family is from springhill. The original springhill. African American community in Sulphur Springs between Waters Avenue and Busch Boulevard. My grandfather would tell me stories about how his mother would have to have passes in order to cross waters in order to get to Sulphur Springs to work. He also told me stories about how he would have to either go -- in order to swim in a natural spring, have to either go before the spring opened or after because it was whites only. Called bloody sundays. Whoever won the fight that day, that's who would swim and it would go back and forth. It was a thriving community. Economic boon that was happening during the '20s and into the 1930s, until the treasure coast hurricane came and flooded the Sulphur Springs community. My family at the time and many other thousands of blacks from the area, 1920s, '30s, didn't have access to the capital. I ask as redevelopment come, change come, that we prioritize the minority communities in regards to job creation and entrepreneurship, access to capital so that we can take part of changing our community, that we take part of being part of redeveloping and growing our community. So as contractors and developers are awarded these contracts, make sure that they prioritize higher within the Sulphur Springs community. Thank you.

9:57:15AM Thank you very much, Charlie. Next speaker. If you would start with your name. Go ahead. I don't have your card, but we'll find it. My name is ashley morrow. I will be sharing Tampa's black history. I'm going to start with Adam. He was lynched December 16, 1859. To my recollection, that is the earliest one I could find. His case was appealed. He was defended -- o.b. HART defended his case. When he defended the case, he went to get an appeal. While out getting the appeal, a mob stormed the jail, removed Adam as well as a white man who was scheduled to be lynched and they both were lynched on the edge of the scrub. Here is the article describing it. Man by the name of luke moore was killed -- was allegedly murdered by Adam. At the time, a man John brown up in harpers ferry was trying to start a raid with enslaved people and they lynched him as well. The people of Tampa were kind of in a bit of an uproar and did not want anything like that happened here. He was lynched December 2 and Adam December 16. Here is an article talking about him being lynched the day before along with a white man, George buckley and then the final article is about a man coming back to Tampa, giving an account about the man lynched near the scrub. Here is a slide about the town of Tampa, how it was first created. Tampa at the time of Adam's lynching was only ten years old. Village of Tampa started in 1849 after a great gale came to Tampa, which was a hurricane. They decided to turn into a village because all the laws were created based off the county. All of the cattle, it was a cattle industry. They were like we need to create our own little thing. They started the village of Tampa 1849. Reincorporated in 1855. Same year 1855, courthouse was created. This is a courthouse that was actually across the street from us, across Kennedy. Lafayette formally named Kennedy. Now it is the location of the police station, the big blue building. What also happened at the courthouse were slave options. These are some slave options -- sorry, some articles about slave auctions that took place in Tampa. Public outcry in the front of the courthouse in Tampa highlighted in all those articles. Then we get to the people that were here during that time in the slave census. Some of their names are still on things today. We have hookers lake, also hooker's pointe, lake hooker. You have Robert gamble who has a plantation near ellenton mall. Simeon l. Sparkman, the uncle of Stephen sparkman wharf named after, James mckay, McKay Bay, William ashley, which he has a love story. I say that with rabbit ears. Love story, oaklawn cemetery.

10:00:43AM Thank you. That concludes public comment. The next item on the agenda is board and administrative appointments. Is Sul Hemani in the house? How about Thomas Murphy? Councilwoman Hurtak.

Lynn Hurtak

10:00:59AM I looked for anything about Sul Hemani. All it was was a reconsideration. The original application wasn't there. All I could find for the person is they don't live in the City of Tampa. Therefore I can't support them.

Alan Clendenin

10:01:26AM Can continue it.

Bill Carlson

10:01:27AM Should we continue it to give a chance for the administration to provide whatever background and maybe --

Lynn Hurtak

10:01:38AM My issue, though, still, is that it is Tampa Housing Authority, and we need people in the City of Tampa. And this person, according to their address, lives in like town n' country. That's just, again, we have a lot of capable people in the City of Tampa. I know some of you disagree with me on boards and commissions, but I do believe that people who -- I just simply will never be able to support someone who does not live in the City of Tampa, just by virtue that they don't live in the City of Tampa. Housing is a critical, critical part of our city, and it is what people are asking of the top three things, two of them involve housing. They should be someone who lives in the City of Tampa.

Alan Clendenin

10:02:20AM Councilman Viera.

Luis Viera

10:02:23AM Thank you very much. What I would suggest is we continue this to another time. My position on that is, kind of in the middle where Councilwoman Hurtak is, if somebody doesn't live in the city, there is a higher level of scrutiny that should be applied for that. I call that the joe greco rule. I'm joking. But there is a higher level of scrutiny that should be applied and I'm fine with that. If we want to continue that to another time to inquire further, I think that's reasonable. I'm good with that.

Alan Clendenin

10:02:51AM Councilwoman Hurtak.

Lynn Hurtak

10:02:55AM I'm just going to -- it doesn't matter for me. I'm going to vote no. if somebody else wants to continue it, that's fine. My vote will still be no.

Alan Clendenin

10:03:06AM Councilman Miranda.

Charlie Miranda

10:03:07AM In order for me to be hundred percent sure what's going on, not saying something is wrong or right, these two individuals are not here to answer whatever we're talking about, at least I want to give these two individuals a chance to come here and tell us where they live. I'm not questioning Councilwoman Hurtak at all. Might be hundred percent correct, but I want to make sure these individuals are given any chance. I don't know these two individuals at all. I want to make sure as to why and so forth. I'm not questioning council member Hurtak. I just want to hear it from them.

Alan Clendenin

10:03:42AM Councilwoman Hurtak, followed by Councilman Carlson.

Lynn Hurtak

10:03:45AM I'm not talking about the second one. Item number 4, he had a full application where he talked about -- that was a full application. The first one wasn't and doesn't live in the city. The second person does live in the city and had a full application. Number four, Thomas Murphy lives in the city, very active in the CAC of central park.

Charlie Miranda

10:04:08AM I have no problem.

Lynn Hurtak

10:04:09AM I think Thomas Murphy is a great addition. Again, I don't have the background and we asked for this before, that if we have somebody who is trying to be reappointed, that their original application come on. It wasn't there. Again, but for me, it's just the person not living in the city.

Alan Clendenin

10:04:25AM Councilman Carlson.

Bill Carlson

10:04:26AM First, I want to say I agree with you living in the city, especially for something like this. On the off chance that the person used their work address instead of home address or something like that, I would rather continue it and then look at it in a couple of weeks. Did somebody make a motion? I'll make a motion to continue it.

Alan Clendenin

10:04:47AM Would we like to entertain a motion to continue item 3 to October 23rd?

Bill Carlson

10:04:53AM So moved.

Alan Clendenin

10:04:54AM We have a motion from Councilman Carlson. Second from Councilman Viera to continue item 3 to October 23. All in favor say aye. Opposed? Ayes have it.

10:05:12AM Continuing number 3. Ayes have it. Passed unanimously. Item number 4.

Lynn Hurtak

10:05:28AM I'll move the resolution, like I said, I read his application, Thomas Murphy has come in front of us as a CAC member. That is an area that does a lot with Tampa Housing Authority already because encore and central park is mostly Tampa Housing Authority land. So I do support his nomination.

Alan Clendenin

10:05:47AM Motion from Councilwoman Hurtak, second from Councilman Maniscalco. All those in favor say aye. Opposed? Ayes have it unanimously. Thank you. Councilman Viera.

Luis Viera

10:05:55AM No I was going to move consent. I was getting ready.

Alan Clendenin

10:06:00AM We do not have any requests for reconsideration of legislative matters.

Lynn Hurtak

10:06:04AM That's true. Are we supposed to do public comment for boards and administrative appointments. Oh, general public comment.

Alan Clendenin

10:06:17AM We'll move to consent items. Items 5-10.

Luis Viera

10:06:20AM I move 5-10.

Alan Clendenin

10:06:23AM Motion from Councilman Viera. Second from Councilman Maniscalco. All in favor, aye. Opposed? Ayes have it unanimously. Neighborhood community affairs committee, Councilwoman Hurtak.

Lynn Hurtak

10:06:31AM I move items 11 through 18.

Alan Clendenin

10:06:35AM Motion from Councilwoman Hurtak, second from Councilman Miranda. All in favor aye. Opposed? Ayes have it unanimously. Infrastructure committee, Councilman Maniscalco, 19 through 25.

Guido Maniscalco

10:06:44AM I move items 19 through 25.

Alan Clendenin

10:06:46AM Motion from Councilman Maniscalco. Second from Councilman Viera. All those in favor say aye. Opposed? Ayes have it unanimously. Thank you. Finance committee, 26 through 29.

Charlie Miranda

10:06:54AM Move 26 through 29.

Alan Clendenin

10:06:56AM Motion from Miranda and second from Maniscalco. All in favor, aye. Ayes have it unanimously. Development and economic opportunity committee, 30-44.

Bill Carlson

10:07:04AM I move 30-44.

Lynn Hurtak

10:07:07AM I just wanted to say that I do not disagree with the members of the public who have talked about the fact of the infill lots. Not all of these infill lots are single-family. We are working -- quite a few of these are multifamily. I'm not sure about these individuals, but we worked hard to see that the infill lots for the infill phase three do have multifamily on them.

Alan Clendenin

10:07:35AM Thank you. We have a motion from Councilman Carlson. Second from Councilman Miranda. All those in favor aye. Opposed? Ayes have it. We are at 45 through 47.

Lynn Hurtak

10:07:50AM I move items 45 through 47.

Alan Clendenin

10:07:53AM Motion from Councilwoman Hurtak. Second from Councilman Miranda. All those in favor say aye. Opposed?

Lynn Hurtak

10:07:59AM I do have something to say about, I did ask about temporary labor for special events. I did ask about if we are going to be taking our stormwater people off of setting up. I'm told that they are still discussing that. So we need to keep an eye on that.

Alan Clendenin

10:08:19AM Did we vote on that? All those in favor aye. Opposed? Ayes have it unanimously. Now we have our walk-on item.

Bill Carlson

10:08:28AM I think you -- Councilwoman Hurtak, I think you ought to make a motion in new business that would ask the administration to remove that. If the administration is still considering whether they should use stormwater money for parades, we need to make a motion. Might not be binding but at least make a motion of the intention.

Alan Clendenin

10:08:50AM That would be outside of our purview.

Bill Carlson

10:08:52AM We can make a request.

Alan Clendenin

10:08:54AM Make a suggestion.

Bill Carlson

10:08:57AM We can't force them but we can make a request.

Alan Clendenin

10:09:00AM Okay. Walk-on. This is just a request to walk on a resolution to set two public hearings for October 9 and October 23 regarding a development agreement between the city and Tampa Bay wheel because of some contractual obligations, Tampa Bay wheel had, we need to speed up the deadline. So this would give us time for the public notice and the required two public hearings.

Guido Maniscalco

10:09:28AM So moved to set the public hearings.

Alan Clendenin

10:09:31AM Motion from Councilman Maniscalco to set the public hearings. We have a second from Councilman Maniscalco. All those in favor, aye.

Bill Carlson

10:09:40AM I think that for transparency, I understand why they are moving quickly. I think for transparency, this should have been noticed. Shouldn't be a walk-on. We've said in the past that we don't like walk-ons. We do have two public hearings, that the purpose of this is schedule two public hearings so people will be able to give input. But it shouldn't have been a walk on.

Alan Clendenin

10:09:58AM All those in favor, aye. Opposed? Ayes have it unanimously. Councilman Maniscalco.

Guido Maniscalco

10:10:03AM [Inaudible]

Alan Clendenin

10:10:06AM Okay. We will miss You. We won't miss You.

Lynn Hurtak

10:10:16AM We have 66, 67 and 68. I will just say that I will not be voting for 66 and 67 because it's moving money from the CRA to the west riverwalk, and I just don't think we should be doing this at all. I'm not going to vote for them.

Bill Carlson

10:10:40AM And I agree.

Alan Clendenin

10:10:42AM Okay.

10:10:48AM Do you want this discussion now?

Lynn Hurtak

10:10:51AM I have nothing to discuss.

Martin Shelby

10:10:57AM Did you want to hold the items until Councilman Maniscalco --

Alan Clendenin

10:11:00AM We'll hold it.

Lynn Hurtak

10:11:01AM I'll move item 68 because we already approved that as CRA Board.

Alan Clendenin

10:11:09AM Motion from Councilwoman Hurtak. Second from Councilman Viera. All those in favor, aye. Opposed? Ayes have it. Can I have a motion to open the 10:00 hearings? Motion to open 10:00 hearings from Councilman Miranda. Second from Councilman Viera. All in favor, aye. Item 48.

Martin Shelby

10:11:36AM Mr. Chairman, This is the resolution that I brought forth establishing the charter it review process commencing with the establishment of the charter review board. It's here for your adoption.

Alan Clendenin

10:11:50AM Any questions on item 48? >>Lynn Hurtak: I believe we were supposed to have conversation about this as well. Is that going to happen during new business? >>Martin Shelby: that should happen during new business. It would be appropriate. >>Lynn Hurtak: great. >>Bill Carlson: I thought we scheduled that for another time, schedule for a workshop? >>Lynn Hurtak: no. so we should all think about it between now and new business and figure out if we want to talk about it in new business. I think we can throw out some ideas during new business and set it maybe for next agenda for old business just to get it done. >>Martin Shelby: it will ultimately have to result in a resolution because you made as a policy decision when you chose this ordinance to put the process in place by resolution. So that would include the hiring of a facilitator, the hiring of legal and support staff and then process to -- >>Alan Clendenin: Mr. Shelby, can we defer this conversation to new business? >>Martin Shelby: yes. >>Alan Clendenin: suggest chair pro tem consult with Mr. Shelby. >>Lynn Hurtak: yes, absolutely. >>The clerk: you do have two items set for October 9. -- [inaudible] >>Lynn Hurtak: oh, okay. That's when we were going to talk. Okay. Thank you. So we did set something. Okay. Well, then, yeah. Thank you, appreciate it.

Lynn Hurtak

10:13:23AM Thank you. Appreciate it.

Alan Clendenin

10:13:25AM Anybody in the public that wishes to speak to item 48? Motion to close. Motion to close from Councilman Miranda. Second from Hurtak. All in favor, aye. Ayes have it. Please record your vote.

The clerk

10:13:44AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:13:47AM Thank you very much. Item number 49.

Ross Samons

10:13:53AM Ross Samons, Development Coordination --

Martin Shelby

10:13:59AM Ask if anybody in the public wishes to speak to it. But you didn't read it.

Lynn Hurtak

10:14:05AM File e2025-8, chapter 1, ordinance being presented for second reading and adoption, an ordinance of the City of Tampa, Florida, establishing the 2025 City of Tampa charter review have their commission in accordance with the City of Tampa home rule charter of 1975 as amended, section 10.10, providing for severability, providing for an effective date.

Alan Clendenin

10:14:28AM We have the motion from Councilwoman Hurtak. Second from Councilman Miranda. Please record your vote. Looks like recorded. We're good.

The clerk

10:14:36AM Motion carried unanimously with Maniscalco being absent at vote. Item 49. Now we're ready for you.

Ross Samons

10:14:42AM Ross Samons, Development Coordination. Vac-24-13 for second reading and adoption. Available for questions.

Alan Clendenin

10:14:52AM Council have questions of staff? Anybody in the public who wishes to speak to item 49. Motion to close from Councilwoman Hurtak. Second from Councilman Miranda. All in favor, aye. Opposed? Ayes have it. Councilman Miranda.

Charlie Miranda

10:15:02AM Thank you, Mr. Chairman. Item 49, vac-24-13, ordinance being presented for second reading and adoption, an ordinance of the City of Tampa, Florida, amending ordinance number 2024-95, passed and ordained on September 19, 2024, which vacated, closed, discontinued and abandoned that portion of 4th avenue right-of-way as more fully described below to extend one year requirement to satisfy the water service special conditions by 18 months, repealing conflicts, providing for severability, providing an effective date.

Alan Clendenin

10:15:35AM Motion from Councilman Miranda. Second from Councilman Viera. Please record your vote.

The clerk

10:15:45AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:15:49AM Thank you very much. Okay. We are at 50.

Ross Samons

10:15:56AM Ross Samons, Development Coordination, presenting file vac-25-16 for second reading and adoption. I'm available if you have any questions.

Alan Clendenin

10:16:03AM Thank you. Council have questions? Hearing none, anybody in the public who wishes to speak to item number 50? Motion to close from Councilman Miranda. Second from Councilman Viera. All those in favor say aye. Opposed? Ayes have it unanimously. Councilman Carlson.

Bill Carlson

10:16:25AM Move 50, file vac-25-16, ordinance being presented for second reading and adoption, an ordinance of the City of Tampa, Florida, vacating, closing, discontinuing, and abandoning a portion of alcolu avenue that is located of North Whiteway Drive, of South Liberty Street, east of 48th street and west of 50th street within the revised plat of Terrace Park unit 5 subdivision in the City of Tampa, Hillsborough county, Florida, as more particularly described in section 2 hereof subject to certain covenants, conditions and restrictions as more particularly set forth herein, providing for enforcement and penalties, for violations, providing for definitions, interpretations and repealing conflicts, providing for severability, providing an effective date.

Alan Clendenin

10:17:09AM Motion from Councilman Carlson. Second from Councilman Miranda. Please record your vote.

The clerk

10:17:19AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:17:22AM Thank you. We're moving to the 10:00 public hearings, second reading on proposed ordinances. Item 51 through 61. They are quasi-judicial. If you are here to speak on these items, please stand, raise your right hand to be sworn in by our clerk. [Oath administered] item number 51. Item 51 is rez-25-40, this item is rezoning request for the property located at bay to 2907 West Bay Boulevard, 2910 West Barcelona Street, units 401 through 2303 and folio number 127264-8338. The request is to rezone from PD, Planned Development, to PD Planned Development for office, business, and professional retail restaurant bar residential multifamily high-rise and school uses. Revisions have been completed and certified plans have been submitted to the clerk's office. I'm available if you have any questions.

10:18:30AM Council have questions? Applicant? I don't have anything further to add but happy to answer any questions.

10:18:41AM Any questions? Anybody in the public that wishes to speak to item 51? Motion to close from Councilman Miranda. Second from Councilman Viera. All those in favor aye. Opposed? Ayes have it unanimously. Councilman Viera.

Luis Viera

10:18:54AM Thank you. I've been ready for a while. Joking.

Alan Clendenin

10:18:59AM Only reason you came in today is item 51.

Luis Viera

10:19:02AM This is why I ran for office. No. I move an ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of bay to 2907 West Bay Boulevard and 2910 West Barcelona Street, units 401 through 2303 and folio number 127264-8338 in the City of Tampa, more particularly described in section 1 from zoning district classification PD Planned Development to PD Planned Development, office, business and professional, retail, restaurant/bar, residential, multifamily, high-rise and school, providing an effective date.

Alan Clendenin

10:19:41AM We have a motion from Councilman Viera. Second from Councilwoman Hurtak. Please record your vote.

The clerk

10:19:52AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:19:56AM Thank you. Item 52. Item number 52 is rez-25-42. This item is a rezoning request for the property located at 2420 and 2422 West Stroud Avenue and 1401 South Lorenzo Avenue. The request is to rezone from RM 24, residential multifamily, to PD, Planned Development residential, single-family, attached. Revisions have been completed and certified plans have been submitted to the clerk's office. I'm available for any questions.

10:20:30AM Council have any questions? Applicant. Respectfully request your approval. Happy to answer any questions.

10:20:38AM Any questions? Anybody in the public that wishes to speak to item 52. Motion to close from Councilwoman Hurtak. Second from Councilman Viera. All those in favor, aye. Opposed? Ayes have it unanimously. Please record your vote. Sorry, Councilwoman Hurtak.

Lynn Hurtak

10:20:53AM File rez-25-42 -- really want to move it. Ordinance presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 2420 and 2422 West Stroud Avenue and 1401 South Lorenzo Avenue in the City of Tampa, Florida and more particularly described in section 1 from zoning district classification rm-24, residential, multifamily, to PD, Planned Development, residential, single-family, attached, providing an effective date.

Alan Clendenin

10:21:26AM We have a motion from Councilwoman Hurtak. Second from Councilman Miranda. Please record your vote.

The clerk

10:21:34AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:21:40AM Item 53. Agenda item 53 is rez-25-49. This item is a rezoning request for the property located at 2425, 2525 and 2601 North Rocky Point Drive. The request is to rezone from residential multifamily 24 and Planned Development to Planned Development for storefront residential, commercial/office and all commercial general uses and restaurant. Revisions have been completed and certified plans have been submitted to the clerk's office. Cate Wells with legal is available if there are any questions regarding the bonus agreement. I'm also available if there are general questions.

10:22:19AM Thank you, Mr. Thomas. Does council have any questions of staff? Applicant? Developer and applicant here to answer any questions on the bonus agreement. I know there was a directive there. We worked with legal. We think they are in agreement that the way the bonus agreement is written, it's broad enough to be able to potentially include that sidewalk improvement. We have also reached out to Brandon Campbell and lining up a time to meet with him. That is the direction that we'd like to go and appreciate your thoughts on that.

10:22:52AM Councilwoman Hurtak.

Lynn Hurtak

10:22:53AM Thank you so much for that. I know it's what the community has asked for and really appreciate that.

Alan Clendenin

10:22:59AM Any other questions? Is there anybody in the audience that wishes to speak to item 53? We have a motion from Councilman Miranda, second from Councilwoman Hurtak, all those in favor say aye. Opposed? The ayes have it. Councilwoman Hurtak. Councilman Miranda.

Charlie Miranda

10:23:18AM Item 53, ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 2425, 2525 and 2601 North Rocky Point Drive in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classification rm-24, residential, multifamily and PD, Planned Development to PD Planned Development, storefront, residential, commercial/office all CG uses and restaurant, providing an effective date.

Alan Clendenin

10:23:49AM Motion from Councilman Miranda. Second by Councilwoman Hurtak. Please record your vote.

The clerk

10:23:54AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:23:58AM We have a motion from Councilman Miranda. Second from Councilwoman Hurtak to move the resolution. All those in favor say aye. Opposed? The ayes have it. Thank you. Item number 54. Stephanie Pope, Development Coordination. Item number 54 is rez-25-53. This item is a rezoning request for the property located at 4307 West Fig Street. The request is to rezone from RM 18, residential multifamily, to PD, Planned Development or residential, single-family, attached uses. Revisions have been completed and certified plans have been submitted to the clerk's office. I'm available for any questions.

10:24:37AM Council have any questions? Applicant? I respectfully request your approval. If you have any questions, I'm available.

10:24:46AM Any questions? Hearing none, anybody in the audience wishing to speak to item 54. Motion to close from Councilwoman Hurtak. Second from Councilman Miranda. All in favor, aye. Opposed? Ayes have it.

Bill Carlson

10:24:57AM I move 54, file number rez-25-53, ordinance being presented for second reading and adoption, ordinance rezoning property in the general vicinity of 4307 West Figure Street in the City of Tampa, Florida more particularly described in section 1 from zoning district classification RM 18 residential, multifamily, to PD, Planned Development, residential, single-family, attached, providing an effective date.

Alan Clendenin

10:25:18AM Motion from Councilman Carlson. Second from Councilman Viera. Please record your vote.

The clerk

10:25:28AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:25:32AM Thank you. Item 55, staff. Item number 55 is rez 25-63. This item is a rezoning request for the property located at 3804 West San Pedro Street. The request is to rezone from ro-1, residential office, to PD Planned Development, office, business, and professional. Revisions have been completed and certified plans have been submitted to the clerk's office. I'm available for any questions.

10:26:02AM Thank you. Does council have any questions? Is there an applicant for item 55? Anybody in the public who wishes to speak to item 55? Request your approval.

10:26:23AM Thank you. Anybody in the public who wishes to speak to this item? Hearing none, motion to close. Motion to close from Councilman Miranda. Second from Councilwoman Hurtak. All those in favor say aye. Opposed? Ayes have it. Councilman Viera.

Luis Viera

10:26:38AM Move an ordinance presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 3804 West San Pedro Street in the City of Tampa, Florida, more particularly described in section 1 from zoning district classification ro-1, residential office, to PD Planned Development, office, business, and professional, providing an effective date.

Alan Clendenin

10:27:01AM Motion from Councilman Viera. A second from Councilman Miranda. We need to talk about that. Please record your vote.

Lynn Hurtak

10:27:10AM Were you trying to emulate a certain actor? That was a deep, dark --

Alan Clendenin

10:27:15AM Very sultry. Please record your vote.

The clerk

10:27:21AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:27:35AM We are on item 56. Item number 56 is rez-25-66. This item is a rezoning request for the property located at 101, 105, 109, and 111 North Meridian Avenue, 1105 East Washington Street and 102 and 106 north 12th street. The request is to rezone from CD 2 Channel District to CD 2 Channel District for retail sales, shopper's goods, residential, multifamily, and hotel. Revisions have been completed and certified plans have been submitted to the clerk's office. I am available for any questions.

10:28:13AM Council have any questions? Applicant? Nothing further to add but happy to answer questions.

10:28:23AM Anybody in the public who wishes to speak to item 56? Mr. Scaglione? No. you're leaving. Okay.

10:28:33AM We have a motion to close from Councilman Miranda. Second from Councilman Viera. All those in favor say aye. Opposed? Ayes have it. Councilwoman Hurtak.

Lynn Hurtak

10:28:41AM File rez 25-66, ordinance being presented for second reading and adoption, an ordinance rezoning property in the general vicinity of 101, 105, 109, and 111 North Meridian Avenue, 1105 East Washington Street and 102 and 106 north 12th street in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classification cd-2, Channel District, to cd-2, Channel District, retail sales, shopper's goods, residential, multifamily, and hotel, providing an effective date.

Alan Clendenin

10:29:16AM Motion from Councilwoman Hurtak. Second from Councilman Miranda. Please record your vote.

The clerk

10:29:24AM Motion carried unanimously with Maniscalco being absent at vote.

Lynn Hurtak

10:29:28AM I also move the resolution.

Alan Clendenin

10:29:30AM Motion from Councilwoman Hurtak. Second from Councilman Viera move the resolution. All those in favor aye. Opposed? Ayes have it unanimously. Thank you very much. Item 57, staff. Item number 57 is rez 25-67. This item is a rezoning request for the property located at 7402 North Hutton Place. The request is to rezone from RS 60 residential, single-family, to RS 50, residential, single-family. I am available if you have any questions.

10:30:02AM Any questions? Hearing none, is there an applicant? Seeing none, anybody in the public that wishes to speak to this item? None. Councilman Miranda moved to close. Second from Councilman Viera. All those in favor say aye. Opposed? Ayes have it unanimously. Councilman Miranda.

Charlie Miranda

10:30:22AM 57, file rez 25-67, ordinance being presented for second reading and adoption. An ordinance rezoning property in the general vicinity of 7402 North Hutton Place, in the City of Tampa, Florida, and more particularly described in section 1, from zoning district classification RS 60, residential, single-family, to RS 50, residential, single-family, providing an effective date.

Alan Clendenin

10:30:45AM Thank you. We have a motion from Councilman Miranda. Second from Councilman Viera. Please record your vote.

The clerk

10:30:56AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:30:59AM Thank you so much. Item 57. Sorry. 58. You guys are confusing me. 58. Item number 58 is rez 25-68. This item is a rezoning request for the property located at 1320 West Arch Street. The request is to rezone from RS 50, residential, single-family, to PD, Planned Development, residential, single-family, semi detached. Revisions have been completed and certified plans have been submitted to the clerk's office. I'm available if you have any questions.

10:31:42AM Does council have any questions? Applicant? My name is Giselle moda. I am the authorized agent representing the applicant. I'm here to answer any questions.

10:31:56AM Stephanie, can you raise your right hand to be sworn in by the clerk. I was sworn in. To provide is the truth and nothing but the truth?

10:32:22AM State your name again, please.

10:32:29AM Just here to answer questions, is that what I heard?

10:32:32AM Thank you very much. Anybody have questions? Thank you for showing up. Anybody in the audience that wishes to speak to this item? Motion to close from Councilman Miranda. Second from Councilman Carlson. All those in favor say aye. Opposed? The ayes have it.

Bill Carlson

10:32:48AM I move 58, file rez-25-68, ordinance being presented for second reading and adoption, ordinance rezoning property in the general vicinity of 1320 West Arch Street in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classification RS 50, residential, single-family, to PD, Planned Development, residential, single-family, semi detached, providing an effective date.

Alan Clendenin

10:33:11AM Motion from Councilman Carlson. Second from Councilman Miranda. Councilman Viera, you were absent at the first vote. Make sure you reviewed the record and ready to vote.

Luis Viera

10:33:18AM Absolutely.

Alan Clendenin

10:33:19AM Thank you so much. Please record your vote.

The clerk

10:33:25AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:33:28AM Thank you, motion to move the resolution. Motion from Councilman Carlson. Second from Councilman Miranda. All those in favor aye. Opposed? Ayes have it unanimously. Thank you. Item 59. Item number 59 is rez-25-69. This item is a rezoning request for the property located at 5408 North Habana Avenue and 5411 North Paddock Avenue. The request is to rezone from RS 50, residential, single-family, and CG, commercial general, to RM 18 residential, multifamily. I'm available if you have any questions.

10:34:04AM Any questions? Hearing none, applicant. Aileen Rosario. I have nothing else to add. Thank you for your approval.

10:34:17AM Anybody in the audience that wishes to speak to this item? Seeing none, motion to close from Councilman Viera. Second from Councilman Carlson. Councilman Miranda. Councilman Viera, would you like to read this?

Luis Viera

10:34:31AM --

Alan Clendenin

10:34:34AM All those in favor of closing, aye. Ayes have it.

Luis Viera

10:34:37AM Move an ordinance rezoning property in the general vicinity of 5408 North Habana Avenue and 5411 North Paddock Avenue, City of Tampa, Florida and more particularly described in section 1 from zoning district classification RS 50, residential, single-family, and CG, commercial general to RM 18, residential, multifamily, providing an effective date.

Alan Clendenin

10:34:57AM Motion from Councilman Viera. Second from Councilman Miranda. Please record your vote.

The clerk

10:35:07AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:35:11AM Thank you. Item number 60. Item 60 is rez-25-79. This item is a rezoning request for the property located at 4823 and 4825 West Flamingo Road. The request is to rezone from RS 60, residential single-family, to RM 18, residential multifamily. I'm available if you have any questions.

10:35:36AM Council have any questions? Hearing none, is there an applicant. Anybody in the public that wishes to speak to item number 60? I just briefly looked at this. One reason why I'm not making a stink about this particular project is because this area took on a lot of water during helene, and they are taking out older homes and replacing them with homes that are going to be built to the bfe. This is just part of life. Thank you.

10:36:19AM Anybody else? Motion to close? Motion to close from Councilwoman Hurtak. Second from Councilman Miranda. All in favor aye. Opposed? Ayes have it. Councilwoman Hurtak.

Lynn Hurtak

10:36:27AM File rez 25-79, an ordinance being presented for second reading and adoption, an ordinance rezoning property in the general vicinity of 4823 and 4825 West Flamingo Road in the City of Tampa, Florida, and more particularly described in section 1, from zoning district classification RS 60 residential, single-family, to RM 18, residential, multifamily, providing an effective date.

Alan Clendenin

10:36:54AM Motion from Councilwoman Hurtak. Second from Councilman Miranda. Please record your vote.

The clerk

10:37:02AM Motion carried unanimously with Maniscalco being absent at vote.

Alan Clendenin

10:37:05AM Thank you. Item 61. Item number 61 is rez-24-68. This item is a rezoning request for the property located at 307 South Melville Avenue. The request is to rezone from PD Planned Development to PD Planned Development for residential single-family detached. Revisions have been completed and certified plans have been submitted to the clerk's office. I'm available if you have any questions.

10:37:34AM Council have any questions? Applicant? Respectfully requesting your approval. I'm available for any questions.

10:37:43AM Any questions? Anybody in the public that wishes to speak to item 61? Motion to close from Councilman Miranda. Second from Councilman Viera. All those in favor say aye. Opposed? Ayes have it unanimously. Please record your vote. Councilman Miranda, would you like to read item 61?

Charlie Miranda

10:37:59AM Item 61, file rez-24-68, ordinance being presented for second reading and adoption, an ordinance rezoning property in the general vicinity of 307 South Melville Avenue in the City of Tampa, Florida, and more particularly described in section 1, from zoning district classification PD, Planned Development, to PD Planned Development, residential single family detached, providing an effective date.

Alan Clendenin

10:38:27AM We have a motion from Councilman Miranda and a second from Councilman Viera. Please record your vote. Vote.

10:38:36AM We have a motion to open 10:30, Hurtak, Miranda. All those in favor say aye. Opposed. Ayes have it. Good morning. For first reading and consideration. The applicant is City of Tampa. This is a proposed vacating request to vacate the alley lying of North Twiggs Street, of South Zack Street, of East Jefferson Street and of West Nebraska Avenue. This application was filed August 4, 2025. Right-of-way is currently unimproved and improved. It's half and half situation there. The right-of-way was created by --

10:39:33AM Hold on one second. Cttv, could you display the wolf on the council members' screens, please?

Martin Shelby

10:39:53AM The monitors. If they could put it on the council monitors, please.

Alan Clendenin

10:40:11AM Something is happening. They are trying to do something, because the screen is blinking. Still waiting for the display on the council monitors at the dais. Anybody want to sing? Councilman Carlson.

Bill Carlson

10:40:57AM Maybe this is a question for legal. Could you just clarify, please. I can kind of read what you have up there.

Lynn Hurtak

10:41:10AM There we go. All you had to do was touch that door.

Alan Clendenin

10:41:14AM Thank you, cttv.

Bill Carlson

10:41:17AM So on this background, it talks about the agreement that the city has with the accardis. Can you just clearly state, though, and we could ask legal instead if you want, but the agreement does not automatically give this. It only is contingent on this because it is a quasi-judicial. The agreement is contingent --

10:41:41AM There was misinformation that this is -- that this decision today is in exchange for something. It is a quasi-judicial hearing by itself and the decision has to be made separate from any agreement, correct? That's correct. The agreement does not require that you approve the vacation. The vacation is not approved, then the agreement terminates.

10:42:10AM I want to make sure that was clear. There was a lot of misinformation and this is a separate decision that has to be done on its own merit.

Alan Clendenin

10:42:18AM Do you want to continue the presentation?

Ross Samons

10:42:21AM This right-of-way was created by subdivision plat and by acquisition. Again, per agreement with Accardi Properties LLC they own all the surrounding properties around the Jackson house. They have agreed to convey two 10-foot strips of property on each side of the Jackson house. And this is to utilize for repair and maintenance. Again, it's subject to the approval of this vacating. The existing right-of-way is approximately 9,478 square feet. Here is an aerial view of the alley requested to be vacated in yellow from Nebraska here, this north-south section here. Atlas sheet showing the requested vacating here in red. As you can see in the block, the previous vacating is here. The subject alley in red here and the original plat. I've included an exhibit from the agreement showing the 10-foot strips on each side of the Jackson house property. Here is an image looking from east South Zack Street. Image looking east from the alley. Image looking from West Nebraska Avenue. Here is another image looking northwest in the block, Jackson house here. Staff has no objection to this vacating request, easement reservation is required by frontier. Special conditions, natural resources, comply with chapter 27 regard to tree preservation, site design for any improvements placed to adjacent trees in vacated area. That concludes my presentation. I'm available if you have any questions.

Bill Carlson

10:44:31AM Can you put up one of the slides that shows what the current configuration is, please?

10:44:50AM Yeah. Although in theory someone could drive through here, as you showed in the pictures, the whole thing looks like a parking lot already. The previous part, which was the original plat to the west has already been vacated.

Ross Samons

10:45:04AM Correct.

Bill Carlson

10:45:05AM The existing right-of-way surrounded by -- do the accardis own all the property except for the Jackson house?

Ross Samons

10:45:16AM They do. That is the reason I pointed. Unimproved and improved. Some of it is parking and some of it is grass in between the parking areas. It is a mixture.

Bill Carlson

10:45:30AM Somehow come in on zack and then 120-degree turn. It's not really navigable at this point. Typically in a vacation, half of the property goes to each side. How much additional property will the Jackson house get as a result of this? Is it's not just the accardis that will get extra land. It is the Jackson house as well.

Ross Samons

10:45:56AM Approximately 7 feet if it does revert. The city really doesn't get into how property reverts. Most cases it does from the center line in this case. It is from one plat. So it more than likely will --

Bill Carlson

10:46:11AM You guys are nodding over there. Do you have anything else to add to that? I want to make it clear this is a benefit to the Jackson house also. Yes, as long as they are abutting the alleyway and considering the fact that this right-of-way is contained within one plat, they would get their section between their sidelines going to the middle of the alleyway.

10:46:34AM Extra ten feet on each side, would the city control the extra seven feet behind those to where additional rights-of-way or Jackson house control it? City doesn't own, other than a parcel over to the left, north and south alleyway that the city may own in fee, but, no, sir. For this particular section it would be the Jackson House Foundation that would have that.

10:46:57AM It gives the Jackson house room, even though in theory somebody might be saying they lose the alley. The alley is not really navigable right now. But the bonus is they get an extra seven feet. Now they can get behind the building and have access to it in addition to the land that the city negotiated. However the Jackson House Foundation does need to take the necessary steps to make sure that is included in their parcel.

10:47:24AM How do we make sure they do that?

Ron Wigginton

10:47:26AM I don't want to give them legal advice on how to do that. One of the good first places to start would be the Hillsborough property appraiser's office and work with them to determine how they can get that on their parcel and start paying property taxes on it as well.

Bill Carlson

10:47:42AM Ms. Feeley, do you have something?

Abbye Feeley

10:47:45AM Abbye Feeley, administrator of development. We will work with the Jackson house.

Bill Carlson

10:47:53AM They are a nonprofit, a volunteer. I want to make sure they know that they need to do that. Thank you so much, everyone.

Alan Clendenin

10:47:59AM Does that complete the presentation?

10:48:02AM Any further questions? Anybody in the public -- Steve Michelini here on behalf of the accardis. This has been a long time coming. We're glad to see that it's moving forward. This critical vacating of the alley, where the accardis own all of the property surrounding this, except for that small section behind the Jackson house. We're very happy to work with them. As you know, they have already been provided real land with real value and real property that was given by the accardis to the Jackson house for access on both the east and the west sides of that structure. When the council talked about giving them access and giving them a buffer, that's exactly what was provided. The alley as it is now bisects their property and prevents redevelopment efforts. So we appreciate support for this vacating. And I would be happy to answer any questions.

10:49:03AM This is public comment. The application is from the city, correct? The applicant is the city. So this is public comment. It's public comment. Anybody else in the public that wishes to speak to this item? Motion to close from Councilman Miranda. Second from Councilman Carlson. All those in favor, aye. Opposed? Ayes have it. Councilman Carlson, would you like to read this first reading?

Bill Carlson

10:49:27AM Sure. Move item number 62, file vac-25-18, ordinance being presented for first reading consideration, an ordinance of the City of Tampa, Florida, vacating, closing, discontinuing and abandoning that alleyway located of North Twiggs Street, of South Zack Street, of East Jefferson Street and of West Nebraska Avenue within the plat of binkley's addition to fort brooke, a subdivision in the City of Tampa, Hillsborough county, Florida, as more particularly described in section 2 hereof, subject to certain covenants, conditions and restrictions as more particularly set forth herein, providing for enforcement and penalties for violations, providing for definitions, interpretations, and repealing conflicts. Providing for severability, providing an effective date.

Alan Clendenin

10:50:11AM Motion from Councilman Carlson. Second from Councilman Miranda. All those in favor, aye. Opposed? Ayes have it unanimously.

The clerk

10:50:17AM Motion carried unanimously. Second reading and adoption will be held on October 9, 2025, At 10:00 a.m. in City Council Chambers, 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Bill Carlson

10:50:42AM Could I ask, if appropriate, when this comes for second reading, in your presentations, could you just make that legal part clear that this is not -- that this is not a giveaway, exchange. Talks about the contract but doesn't clarify that. Had one more sentence it would help.

10:51:07AM Thank you so much.

Alan Clendenin

10:51:08AM We have an item 64, but I believe this is councilman Maniscalco's item. I don't really want to move that. I would like to hold that and wait for his return to council chambers because he is here. How about we go past that and go to -- see if we can knock off some of the staff reports if the people are available. Administrative update. I know there were people prepared for administrative update. Are they online? Who wants to start? There we go. Make sure you guys are up. Allow me to screen share, I'll share a presentation.

10:52:12AM Go ahead. Good morning. We got early. Good seeing you guys again. Good morning, chair and council members and members of the public. Eric Hayden with t and I. What I wanted to do is give you an update --

10:52:47AM Go ahead. We resolved the technical issue. Go ahead. I wanted to go ahead and give you a brief update on our onbase project and current activities that are going on. As you guys are aware, this will only take a few minutes, we actually went and engaged in a contract with onbase back in February of 2022. It's to replace our sire legacy system. The sire system is our records management system. It's been in place for about nearly 20 years. It's quite old. One of the things we want to talk about is between clerk's office, council, legislative aides and our records and archive teams, these are unsung heroes behind the scenes that are working and managing just millions and millions of records that conduct city business. It's really, really important that we provide them a very rock solid platform that they can keep these records. Records of all types, everything from photographs to microfilm to paper documents, you name it. It all has to be digitized. It is a huge, huge project. In the meantime, we have four solutions within onbase that we focus on. Agenda management is one. That was implemented in 2023. And what's coming new there that you'll see in October is boards and commission vacancies will now start being reported on agenda items, which you guys were looking forward to. That will start around October. As we move to document management, which is in process, we have a target of finishing all of those 4 million documents by spring of 2026, but we want to actually do something earlier. We want to actually index resolutions, ordinances, CRA resolutions, executive orders, all the things that are really important for people to get access to really quickly. We want to do that up front as fast as possible while still indexing the rest of it. While we're doing this, I'll do a quick demo. Boards and commissions will go up. Next are all the ordinances and everything. Then open up public access where we call it the pav, but that will be coming up hopefully before Christmas of this year. What will happen, the pav, you'll see it is a product that will allow people to do searches for lots of content, meeting dates, you name it, to help bring back a lot of products that you guys actually endorse and execute. Another thing we'll be working with is adobe sign integration. Documents and the work flows between everybody, between the clerk's office, council, departments, purchasing and so forth will have a better flow and be able to do online signatures. Lastly, the quasi-judicial hearing online forms. That's coming up spring of 2026. What that will do is allow for right now we have all sorts of input, for when parties are actually engaged in quasi-judicial hearings. You have materials, voice mails, mail, hard mail, electronic mail. You have different types of products that come in and a lot of manual effort moving these products around so that you guys on council can see them, approve them and move them forward. Tremendous amount of manual work behind the scenes. What we want to do is help modernize that and help streamline a lot of that. It makes it a lot easier for all staff involved. With that, let me change my view for a second.

10:56:12AM Eric, while on the page, adobe sign integration, does that mean the chair's signature for ordinances and resolutions, I can do it on adobe?

10:56:22AM Those of you who have not had the privilege of signing those documents, Charlie knows what it's like.

Charlie Miranda

10:56:28AM [Inaudible] [ laughter ]

Alan Clendenin

10:56:30AM I walk in there. There's conference tables filled, stacked with documents. Crazy. You guys are very familiar with the hybrid manual where we have things online. We have things printed. Then we have to sign them and put them back online and index and keep them for posterity. That is a lot of manual work. All of this stuff is to help everyone involved in the legislative process in our records and archive maintain these for years to come. I'll show you quickly a little bit of the viewer. I'm changing my view. Can you see a browser now?

10:57:08AM We can, yes. We're still doing indexing. As we mentioned earlier and heard chief of staff mention, there are over 4 million items that the city clerk's office and records and archive are actually maintaining for city business. What we're doing is we can't keep them in one style, one version, one set of storage. As technology evolves, you have to move all of this product forward and forward and forward so you're maintaining it in searchable forms, retrievable forms, anything that can bring you product. If you don't, you lose the access. You lose the viewer, you lose the ability to actually see the product. Clerk's office and the records and archives guys have it in physical form, but that is a very, very difficult way to bring products to the public for public information request or council request. So this particular case, we can actually go through and we're still doing indexing and so forth. We're going to take all document types that are CRA resolutions, city executive orders, city ordinances and city resolutions and we're going to actually index those first so we can actually have access to that in the November Christmas time frame. I wanted to give you guys a little preview. Chief of staff endorsed this. Thank you for the time to actually do this. But, for instance, you may not know exactly what the ordinance number, but if you went in and actually put in a particular title such as verizon and so forth, what you'll get is a scoring search. Like 98%, this is probably one of the documents you want to see. You'll see all of these documents that are all recorded. Much more friendly user interface. You click on it, you'll download the pdf and have the whole pdf. Print it and so forth. If you want to refine your search and not do every document that had the word verizon in it or so forth, you can do different types of wild cards. You can do different types of searches, such as I want to see verizon and trilife. Two companies working together. Instantly I get reso 2025 through 318. A lot of our constituents. A lot of our customers may ask for this type of capability and the speed in which to do the searches. Because it is really aggravating the customer experience if they are having to wait minutes and minutes and they get all sorts of incorrect search returns and everything. So as you'll see, you can even boil down to that's any document, but boil down to CRA resolutions, executive orders. All of these things will make it so much easier for people to get access to the records that the legislative group is processing through. With that, I wanted to keep it a little bit brief, because we are still indexing, finalizing the data behind the scenes which is really important. If we finish all of those searches, we can open up the pav much sooner for everyone. Wanted you to take a peek at that. Let me go back to the slide for a second. Ongoing, of course, we're doing continual updates with highland software. Continue to do ADA enhancements, a.i. Improvement. There's new a.i. Types of things, nothing like full a.i., but a.i. Assisted or a.i. Enhanced services where it will help with content insights instead of just filling in fields and so forth, sometimes you can type in plaintext. Hey, I want a resolution from this date to this date and so forth. With large language models and chat bots and so forth, these types of things are much easier to do in the future. Other security and miscellaneous updates. With that, I wanted to keep this brief for you and just give you a taste of what's coming. With that, I want to close and open the door for any questions you may have.

11:01:20AM Council have any questions? Councilwoman Hurtak.

Lynn Hurtak

11:01:21AM I don't have any questions but I wanted to say thank you. This is a giant lift. I know how much it's taking your department. I want to say thank you so much for it. I know that there are a lot of folks in the public who will really look forward to being able to find this information. Thank you.

Alan Clendenin

11:01:41AM Councilman Carlson.

Bill Carlson

11:01:42AM Same thing. Thank you for making it easier for us to find things. Is it possible to make this accessible to google so that people can search from the outside and get access to the same documents? Let me check on that for you, Councilman Carlson. Sometimes google already have certain types of connections with us. Google is a marketing platform, as you're aware. What they are looking for is who wants to enhance their searchability by raising themselves up to the top of list and things. We have to see what interfaces are available for us. It is available for any public once we turn it on.

11:02:27AM Sorry if you mentioned this already. Transcripts will be included in there too? Searchable or CRA resolutions, regular city resolutions, ordinances, and executive orders. Now, if you go -- if you're talking transcripts from the meetings, that's always available from our youtube indexing. Depends on the transcripts you're speaking to specifically.

11:02:55AM You said agendas are searchable, too, right?

11:02:59AM Are the backups to agendas searchable as well?

11:03:07AM Most of the time when I'm trying to find something and when constituents call, they want to find something on the agenda, backups to the agenda or the transcript. All the rest of it is important, too. It would be great if it was somehow integrated so all that would pop up at the same time for a particular item. Good ideas. I'll have that team actually reach out to the office so they can get a lot of these requests. If there's any difficulty your teams are having, helping provide service in the reference, we want to make sure we streamline that. Very fruitful.

11:03:46AM I know you are archiving the youtube videos, but if there is a way to include the links in that search also, that would make it easier for everyone so they can find the transcript, documents, agenda, and the youtube link.

Alan Clendenin

11:04:01AM Thank you, eric. Good presentation. The task seems overwhelming in my mind being able to accomplish this. Great job with your team. I believe JC is coming up. Is that true?

11:04:20AM That's my understanding. If you need me, I'm still standing by.

11:04:26AM Thank you, eric. Good morning, sir. JC Hudgison, Chief Building Official, construction service center manager. I can get screen access.

11:04:53AM Looks good on our side. So this is -- this has kind of been something we've been trying to do and integrate with another group. I definitely have to give a lot of -- all the work to the Hillsborough county property appraiser. Over the years, our accela system, our permitting system, we send information. We send a digest to the property appraiser site. So when we met with, we were looking into enforcement and property concerns we were having for illegal construction, we knew this was kind of coming down the pipe. We weren't quite sure when, but now as of April of this year, if you go to the Hillsborough county property appraiser site, you're able to pull up the permit information. So a lot of people don't know to come to accela. They don't know to come and find our active permit map. We wanted to increase the transparency and be able to show it on multiple websites. So just real quick, I didn't want to go through a lot of demo because I know how that can get tricky but I wanted to steal a few screen shots. Just take where you all are downtown, 315 east Kennedy. Once you click on the parcel, you can click on the parcel link there. You scroll down after it gives you the property appraiser information, square footage and all that, there is an actual tab that says permit. Once you have the permit tab, lists all the permits. We have lots of more permits obviously on that property down there with city hall. You click on any of those and then it takes you straight to our accela page to show the status of the permit, whether complete, expired, anything like that. Ideally from the realtor point of view, they come in, sell a property, says newly renovated. They can do a quick search using the property appraiser site to use the permit history that was listed there. Our intent is to be able to provide transparency. Like I said, just another tip of the hat to Hillsborough county property appraiser because they did all the heavy lifting. I get to do all the sharing. I'm here for any questions.

11:07:04AM Thank you. The integration, is this hands-free so the software applications talk to each other? It is directly -- you log in. You click the link. I don't like doing live demos. Hey. You click on it, click right there, takes you to the permit screen. You see all the other information. Scroll right down, you can click any record in here. Click that permit and it takes you right to the -- no logging in. No having to go anywhere else. It will tell you all the information that anybody sees. Permits issued. Show when it was issued. You can see the status, who pulled it, all of that information. Like I said, you don't have to go out to another site. Everything is integrated. Once you go to the property appraiser, click on the site, click on the parcel and takes you right where you need to go.

11:07:59AM Crazy how the applications work together. Very cool. Thank you. Appreciate the presentation. Anybody have questions? Great work. I'm sure it will be well received by everybody. Okay. We'll move on. Item number 66.

Lynn Hurtak

11:08:18AM We're down two council members. That's going to require all of us because right now we have two no votes. How about 70? It looks like Mr. Campbell is here.

Alan Clendenin

11:08:43AM 70 should be noncontroversial.

Lynn Hurtak

11:08:47AM I'm sure they would want to be here for that.

Alan Clendenin

11:08:50AM We'll do 70. Brandon Campbell, Mobility department, here to speak on item number 70, which is our monthly stormwater maintenance report to provide some highlights from the report that we have published on tampa.gov/mobility. I just wanted to highlight -- I just wanted to highlight a few of the stats that have come through particularly through the month of August. Especially how they differ from last year. As you'll remember last year we had tropical impacts starting in August with tropical storm debby and then September with hurricane helene and then October with hurricane milton. You can see how that impacts the level of call volume that we get for service and how that then consequently redirects our attention to more acute issues as opposed to the routine maintenance that we are thankfully able to work on with a little bit more focus right now. It is a good surrogate measure just looking at the number of calls to sort of track how the tropical impacts or nontropical, but high rain event impacts have affected us as a city over the course of the last two years. For the month of August, we had 311 calls for service as compared to last year with 665. Obviously, that is less than half. We're hoping for a similar trajectory through the remainder of the year, but we are prepared for that to be either the case or not the case. As always, in our report, we do list the neighborhoods that we have been working within. Still fairly new is our work order map that is published also on the website. So these neighborhoods should correspond fairly closely with what you see as executed work orders on the one map and then on a subsequent page, there should be maybe a little less overlap but some overlap between those that we plan to and open calls for service. Over the month of August, we dug out about a mile and a half of ditches, removing 562 tons of debris in that operation. We also mowed 127 ponds and sprayed 116 ponds. I know that there have been some questions in chambers about, what does it mean to maintain ponds versus what is a more extraordinary effort. When we say we are maintaining ponds, these are the things we are primarily focused on. If there are more extraordinary needs, those come as we would with other sort of work items as a distinct and separate effort. Cave-ins, I know we talked about on several different occasions. I do have a good picture from the report of one of the cave-ins that the team had worked on in the month of August, among the 12 that they completed. Last, I wanted to highlight our head walls. I know there's also been questions asked of me, what exactly is a head wall as opposed to other structures. I have more pictures, again, from later in the report, of good examples of head walls. Head walls basically are the interface between a pipe and the ditch where we have a concrete structure that helps to reduce the erosion at that interface, whereas a box would be the interface between two different pipes and sort of a junction of separate pipelines. Street sweeping, we did have 340 tons of debris removed from the streets. Again, that is debris that may otherwise end up in the remainder of the stormwater system ditches, ponds, pipes, that we're able to get with the street sweeper efficient way and as required by our permit. And then, of course, before I leave this page, I wanted to highlight if you have a need for service, you are welcome to call our customer service line at 813-274-3101. Answered 24 hours a day by staff during business hours and by an answering service after hours. We have a lot of pictures in the report itself. I should not want to belabor that but I have a couple I wanted to show because I thought they were relevant to other items of discussion. This is a cave-in repair that our in-house crews performed this month. You can see that it is substantially different from just a pothole repair that would be done by other crews. It required a backhoe and significant digging. There were interim steps here that were not necessarily captured by the pictures, but this does give an idea of the fact that this is a more significant effort than just simply filling in a pothole. Last, later in the series of pictures on that report, this was really meant to highlight ditch digging, but I brought it because those questions had come up about what exactly is a head wall. You can see where the gentleman is standing in the middle picture. He's actually standing on top of that head wall to access the area that he's digging out in front of the pipe. But that is what that head call is. It keeps that soil behind it from washing into the system. So that said, I'll be happy to take any questions.

11:15:07AM Councilwoman Hurtak.

Lynn Hurtak

11:15:09AM Just a quick question about debris. All that debris, does that go to the waste to energy facility? Goes to the land fill.

11:15:20AM Oh, wow. Okay. So some increased costs there.

11:15:26AM Good to know. Just to say I've been working with Brandon on changing and improving the report and we'll be seeing those as we go forward now that I am chair of mobility, I am kind of diving right in to learn more about mobility and stormwater. But if there are particular things that you all are interested in, as we kind of work on this, we can share some of those demos with you all just to get some feedback as we continually improve the report, and I want to just thank you again for coming in person. Right now, while people are still recovering, this is so important, and it really helps people. The report again is available right on the mobility website, if you scroll down to the bottom. It's not only the stormwater, also a sidewalk and road repair report.

11:16:21AM Side by side, I highly recommend people take a look at them. Thank you.

Charlie Miranda

11:16:28AM Thank you, Mr. Chairman. This morning, there was an individual that came in and made some statements regarding that some of these had never been cleaned, going to suffer if a hurricane comes, especially in the industrial area with the big pumps and so forth. I appreciate that you verify they are done. Because we had an allegation. I don't want to let it go by.

Brandon Campbell

11:16:50AM Happy to talk to you off-line as well.

Charlie Miranda

11:16:52AM Swann Avenue, hospital there. One told me the other day they don't know if the pump is ready to work. Just saying what they told me. I want to be sure those things are checked out before the weather gets any worse.

Brandon Campbell

11:17:06AM Thank you.

Alan Clendenin

11:17:07AM Anybody else? Councilman Carlson.

Bill Carlson

11:17:10AM I've seen the street sweeper machines all over the place. Maybe it's because it's around my neighborhood. I've had people comment that they are happy to see those. Thank you to that. Plus they are always happy to see the crews that are out cleaning facilities or repairing facilities. To council member Hurtak's request or question about simplifying and providing information, what would be really cool is to have something like a wheel or diagram that showed the seven year cycle and how far we are on that. Because I think you're trying to speed some things up. It would be interesting to see, but also to set expectations, we're not going to take the to every part of the city. Based on what you told us, not going to get to every part of the city over a 12 month or 24 month period. Full cycle is seven years. These are my words from looking at documents I've seen. Obvious that many areas were not maintained in the last ten years. So we set that aside and only look at the future, you all are working forward. It would be interesting for the public to see where we are on that cycle. If you are ahead of it, then we ought to make sure we celebrate that. I don't know if there's a cycle by district or by neighborhood or something like that, but interesting for people to see how that's going along, just in a simple graphic depiction. Thank you.

Alan Clendenin

11:18:47AM Thank you, Brandon. Appreciate it. We're waiting for Michelle to come back and then take up item 64. When Michelle gets back, we can knock out 68.

Lynn Hurtak

11:19:05AM 68 is done.

Alan Clendenin

11:19:07AM Never mind.

Lynn Hurtak

11:19:13AM And 72.

Alan Clendenin

11:19:18AM 72. Let's go.

Lynn Hurtak

11:19:23AM Viera is not here, but hopefully he will come back. Oh, Ms. Van loan is here.

Alan Clendenin

11:19:28AM Come on, we'll start with you. Item 64.

Michelle Van Loan

11:19:31AM He's a on-site. Good morning.

Alan Clendenin

11:19:39AM You're right. Right here. On-site. Put velcro on that seat.

Michelle Van Loan

11:19:44AM Michelle Van Loan, real estate. This morning is the first reading for an honorary naming in honor of J. Leonard Levy and George Levy. It is for the placement of an honorary street name sign at the southeast corner of north himes and West Ohio Street. Our staff made the presentation on August 7, 2025. We then posted on our website August 8 through August 25 per the ordinance. We did not receive any comments. I'm here to answer any questions.

Alan Clendenin

11:20:13AM Thank you. Any questions? Councilman Maniscalco.

Guido Maniscalco

11:20:15AM No. thank you very much. These two gentlemen, I didn't meet George Levy but I met leonard levy right where you are standing. They were so -- I don't know how to describe it. Growing up as a kid, you would always hear these names. I don't know when mayor greco was mayor back in the day, he had a group called the magnificent 7. I don't know if both of them or one of them, he had this inner circle. Anyways, their impact on the community is huge with sports and beyond and giving back and helping and with nonprofits. I could go on and on. Thank you for all your work. I know the family is very excited. They might be here on second reading to speak.

Alan Clendenin

11:21:04AM Councilman Miranda.

Charlie Miranda

11:21:05AM Thank you very much. In fact, this was really brought on by goutoufas. We ran it through the process and this is the final end. Thank everybody. Credit to Mr. Dc Goutoufas.

Alan Clendenin

11:21:23AM Very good. Thank you so much. Councilman Carlson.

Bill Carlson

11:21:28AM I want to add to that, they were deeply involved in the community in many, many ways back in the time before social media. So not everybody would have seen all the things they were doing. But they were involved in just about every important thing that happened in Tampa during that time, including bringing football here. Thank you to them and their families for their contribution.

Alan Clendenin

11:21:51AM Councilman Miranda.

Charlie Miranda

11:21:52AM I'm not trying in any way disrupt what you said, but they were themselves social media. They were everywhere.

Alan Clendenin

11:22:01AM Anybody in the public that wishes to speak to item 64? Motion to close from Councilman Miranda. Second from Councilman Maniscalco. Councilman Maniscalco, would you like to read item 64.

Guido Maniscalco

11:22:09AM Ordinance being presented for first reading consideration, an ordinance of the City of Tampa, Florida, approving the placement of an honorary street naming sign at the intersection of North Himes Avenue and West Ohio Avenue in Tampa, Florida, to honor J. Leonard Levy and George Levy, providing an effective date.

Alan Clendenin

11:22:26AM We have a motion from Councilman Maniscalco and a second from Councilman Miranda. All in favor, aye. Opposed? Ayes have it unanimously.

The clerk

11:22:30AM Motion carried unanimously with Viera and Hurtak being absent at vote. Second reading and adoption will be held on October 9, 2025, At 10:00 a.m. in City Council Chambers, 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602.

Alan Clendenin

11:22:46AM Very good. I see Abbye Feeley is here, ready for 72. Let's go to item 66. 66 and 67 will be next. Item 66, is there staff to present for item 66?

Lynn Hurtak

11:23:12AM All we're doing is passing a resolution for funding.

Alan Clendenin

11:23:15AM We don't need staff. Councilman Viera.

Luis Viera

11:23:18AM [Inaudible]

Charlie Miranda

11:23:22AM Second.

Alan Clendenin

11:23:24AM We have a motion to move item 66.

Lynn Hurtak

11:23:27AM Move the resolution.

Alan Clendenin

11:23:29AM Item to move 66 and 67? Motion from Councilman Viera to move items 66 and 67. Second from Councilman Miranda. Roll call vote please.

Bill Carlson

11:23:41AM Can I say something? Council member Hurtak said something earlier, I'm not against accepting the money, but I'm against the project in general. I don't believe in subsidizing developers, so I'm voting no.

Alan Clendenin

11:23:56AM Anybody else? Roll call.

Lynn Hurtak

11:23:59AM I'll state it again, I will not be voting for this because the project is way overextended in money and, quite frankly, this is going to be a multimodal network safety improvement project. Rome is not going to be fixed. It's so bad that I can't even bring my easy Sunday morning bike group to see what it is now because it's actually not going to be fixed. The intersection of Rome and Kennedy will have no bike protection even after this. It's not even doing -- that is one of the most dangerous intersections for cyclists. It will not be used and it will be dangerous. I tried to fix it, but they already sent these plans to the federal government, so it's not fixable. I'm just very disappointed, even after we all agreed on it. I decided to dive in and learn about it, it's just not going to be safe for cyclists, especially for families. Not to mention just your average cyclist. I just can't support something that's not going to fix the problem.

Alan Clendenin

11:25:08AM Roll call vote, please.

Bill Carlson

11:25:10AM No.

Charlie Miranda

11:25:12AM Yes.

Guido Maniscalco

11:25:13AM Yes.

Lynn Hurtak

11:25:15AM No.

Luis Viera

11:25:16AM Yes.

Alan Clendenin

11:25:18AM Yes.

The clerk

11:25:18AM The motion carried with Carlson and Hurtak voting no.

Alan Clendenin

11:25:25AM Now we'll move to item 72. Abbye. I think this powerpoint should be available on the screen. If it's not, I have copies if you are interested. Gregory, Legal Department.

11:26:15AM Start with your name. So the first thing I'm going to do is review the ordinance and exactly what it requires. So section 22-103a sets out that when, for residential structures, there is a new single-family home or any major renovation, a sidewalk is required for commercial, industrial, office and mixed use, kind of in the same vein. When there is a new structure and -- an expansion of an existing structure which results in a 25% increase in the existing square footage, a sidewalk is required. And for all other uses, a sidewalk is required when there is a site plan controlled zoning approval, s-2 special use approval, or any change in an existing use requiring 25% additional parking. So that is when the sidewalk requirement kicks in. So that's kind of the base line for our code. Then if we go to the next slide. This is the definition of a major renovation under chapter 27. For residential structures, as I said, the sidewalk requirement kicks in for new single-family or multifamily residential structure or use or when there is a major renovation, which is any construction, reconstruction, structural alteration, expansion, enlargement or remodeling, which the total cost of which exceeds 51% of the assessed value of that property. So then if we go to the next slide --

11:28:22AM Councilman Miranda.

Charlie Miranda

11:28:22AM I just want a clarification what 51% means. There are a lot of holes as I see it and not in your work or anybody else's work. What is 51% of something? Is it a value or size of a lot or size of a house? I just want to know because I received an e-mail the other day and I checked my own record. I never said I hated sidewalks. I said why I voted how I had to vote in my knowledge. I never hated anything. But go on. Value of the property.

11:28:59AM Of the property or of the reconstruction of the property?

Abbye Feeley

11:29:08AM Abbye Feeley. Typically, the assessed value includes both, the land and the structure.

Charlie Miranda

11:29:14AM I just want examples so people don't call me. They can call everybody then. Give me a house that you want to remodel. It's got three bedrooms, one bath, whatever. It's a value of the assessed value of the property after it's completed?

Abbye Feeley

11:29:31AM No. it's 51% of the assessed value when you come in to make the improvements. Same thing that we're doing with storm damage. I think this motion came because of those properties that were being required to pay, or being required to install sidewalks due to storm damage permits being pulled. I think that is the purpose of the motion and the discussion today was to look at for those properties that have been making repairs due to storm damage, how are they being charged, what is being charged and what's going on.

Charlie Miranda

11:30:04AM You cleared it up when you said the word storm damage.

Abbye Feeley

11:30:08AM Yes. That's what this motion was today.

Charlie Miranda

11:30:10AM Anyway, I appreciate it.

Alan Clendenin

11:30:13AM Councilman Carlson.

Bill Carlson

11:30:15AM I forgot to set this up in the beginning. But the situation is, a lot of people are rebuilding their homes. I've had two or three cases of constituents who because of the timeline of getting money there insurance and everything, they put in the permits later, there was that -- I think somebody talked about the six month grace period, but put in the permit later and when that happened, suddenly this new fee came into place, and the staff worked with them on it. But the purpose of my motion here is to provide a clear guideline so that staff doesn't have to make decisions on it, that we can just create a line on whether it is allowed or not. The purpose here is only for like what carroll ann said. My purpose was to only look at people who had homes, living in the home, flooded, and then for whatever reason they miffed the six-month guideline -- missed the six-month guideline. The excuses for the ones I looked at for not having a sidewalk were confirmed by the city. I think that they had a tree or something that wouldn't allow it to go there. That's why they had to pay the in lieu of fee. The idea here is for those people who meet that narrow definition, that they wouldn't have to pay the extra fee. But anybody going forward, everybody else going forward would.

Alan Clendenin

11:31:43AM It sounds like we're in the setup mode. Council made a decision, whether you like it or not. I'm still question whether I like it completely about these fees. The city was very generous with the waiving fees after the hurricanes for a lot longer than I think any municipality that I'm aware of. How long were we waiving fees after the hurricanes?

Abbye Feeley

11:32:08AM We waived fees until March 1st, I believe. And then what happened with some of this is that in the interim, you all changed the sidewalk in lieu fee from the $29 a linear foot. And that happened in April. So anyone who had filed their permits prior to that and triggered the installation of a sidewalk, either it was a fully new constructed home that had no sidewalks and now was the time for them to put them in, or it was 51% of the major renovation and the sidewalk was now required, they were charged the 29. We did not change the fee on them. Anyone who filed after that has been paying the new fee. When you all close the loophole in 22-103 several years ago, there is now not a no-pay option. And that's where part of this discussion, if I am recalling correctly, came up, well, can't we just waive the fee for them for the sidewalk? The way the ordinance is written in '22, there is no fee. You either put in the sidewalk or pay the fee. I think the motion was, can we look at some sort of emergency approach that there would be no payment of the fee? That's what brought us back to you today to have this discussion. So we're here. I have some numbers on the storm permits, how many we had. I have some of those numbers. I have some numbers on what's in review right now. But I think we were taking direction from you as to having this discussion, providing you with the information we could and then hearing from you all on what the steps forward would be.

Alan Clendenin

11:33:57AM Councilman Carlson.

Bill Carlson

11:33:58AM I want to clarify, my intention was to look at whether they should pay the old fee or new fee. My intention was not to have them pay no fee. The only question is because of the timing of their application, I haven't had anybody complain about the old fee. It's just that some of them were in process. We may be talking only about a handful of people. Some of them were in process but didn't quite make the deadline. Instead of -- had they applied a year ago when the houses were wiped out, they wouldn't have had to pay the new fee. It's looking at that narrow subset. If you think it's okay for staff to handle it, that's fine. I was trying to find a way to create a clear goal so that staff wouldn't have to make a judgment. They could say yes or no.

Alan Clendenin

11:34:45AM Staff doesn't have that ability, right? We've tied your hands, correct?

Bill Carlson

11:34:50AM This is whether to pay the old fee or the new fee, and I think there's some gray area because when they may have reached out to the city versus when they applied.

Charlie Miranda

11:35:02AM Here again, I try to think outside the box. I understood what you said. It covers everybody. So then it covers the one that just moved in. Unfortunately for the individual and the 80% or 60%, 40%, or 100% of the money made that we just did a contract for a house for those individuals. Something happened to the house, either a car hits it, catches fire, hurricane, whatever, they fall into the same umbrella, correct?

Abbye Feeley

11:35:37AM Anyone putting in a permit for new construction after April 1st will be paying the new sidewalk in lieu fee. The way that the code and the way that the permits are currently being handled. What I'm hearing on the other side from Councilman Carlson right now is that is there a way to be able to say I'm coming in April 1st, but I'm a storm damage reconstruction, what I'm hearing is you would like for them to potentially pay the old fee of the 29 if they are asking to pay the fee. Is that correct, sir?

Bill Carlson

11:36:18AM I don't think there should be a difference. I just brought this up for discussion so we can discuss and debate it. But it's not whether they ask or not. It's that if someone is -- was in the house when it was destroyed and they applied to rebuild their own homes because of insurance and FEMA and everything, taking longer than people expected, and if there are still a few people that put their permits after April 1st, then there would be some set, narrow guidelines to allow the folks, because they otherwise would have been able to apply for the permit before April 1st, that they would be grandfathered into the old fee. But anything new would continue to follow the new rules. That's all.

Alan Clendenin

11:37:00AM Councilwoman Hurtak.

Lynn Hurtak

11:37:03AM I agree with Councilman Carlson, if there is a way we can focus solely on the hurricane victims and the people who were rebuilding. But I see, like, what are the constraints and concerns for hurricane victims in this?

Abbye Feeley

11:37:23AM I'll share a couple of different scenarios with you. I think there may be a way. I would have to think through it a little bit as to homeowners that are rebuilding on their own properties. I'll tell you, the second scenario I'm thinking of, I know of a home builder that acquired 48 different lots in South Tampa due to the hurricanes. They will come in and build 48 new homes. I would assume our intent is to get sidewalks on the 48 new homes. Now, a homeowner might live right next to them that they are rebuilding on their own home, and we would have a house with a new sidewalk and a house that paid the fee. This is where I think I would propose back to you, what is the intent? I know the intent is for us to get as many sidewalks as we can and to finish out our system. So trying to define what criteria would vest them to the prior $29 a linear foot I think is part of the question. If I rip down my home today and I want to rebuild and I had nothing to deal with storm damage, my obligation, if I don't already have a sidewalk, that's the other scenario, right? So we have some homes that have sidewalks that they got demoed from the storm and they are going to put back and the sidewalk is already there. That's kind of the breakdown I've been looking at in terms of the storm permits that we have for new residential was just over about 600. I'm working through the query because not all of them said storm damage. So some of that takes some unpacking of the actual permit records to understand this was the scenario or that was the scenario. I think if the directive is that we would like to find a way to ensure that if you suffered over 51%, you were considered substantially damaged, you are required to elevate and rebuild your home. And the next question would be, did you have an existing sidewalk. If you did, leave it. If you don't have one, what does that look like and are you going to put one in? Or you don't have one and you're seeking the in lieu. And then at that point, that in lieu, what I'm hearing would be preferred to be the 29 feet.

Lynn Hurtak

11:40:02AM Yes. Ms. Scharf Has an example that someone sent us that she's going to put on the wolf, if we could have the wolf. So this is an example, the housing question has the red dot. The numbers, the dates are when all those other houses were rebuilt. 2019, 2022, 2019, 2022, 2023, none of those have sidewalks. So the problem here is what carroll ann brought up earlier of people using the excuse, well, there aren't connecting sidewalks. So we have to find that balance. So whatever that loophole is, there are no connecting sidewalks. We need to take that loophole out. That loophole cannot exist anymore. I think the sidewalk in lieu fee as she brought up, the percentages of people now using that as their excuse, we have to stop that. In this case, though, all those houses are new, so there's going to be nothing to connect.

Abbye Feeley

11:41:20AM All of those houses are new, but several are before you close the loophole and several are after. After you close it, I want to be clear. After you closed it, we employed the form and how it's being reviewed and what the justification is. We track. I have a monthly report that comes to me beginning of every month. Tells me how many were waived, where they were, what the linear footage was, how much was paid, what the address is and all of that. I'm in the process of mapping that for you so you can actually see where this has been taking place. Prior to that it's a little more difficult, right, because there was the loophole. There was the no pay. There was the other criteria. Moving forward from where we are, I can look but I'm going to be able to speak more specifically to what happened after because that's what we have now, given that change in '22, then we started tracking all of that.

Lynn Hurtak

11:42:25AM I appreciate that. I think that's fabulous. Thrilled to hear you are doing that because I do think the public will be interested. Just at one point, we just have to say build the sidewalk unless there is an actual tree or a ditch or whatever the rationale is.

Abbye Feeley

11:42:43AM I think one of your other prior considerations, if I'm recalling correctly, is there a full sidewalk on the other side of the street? That, too, played a role in whether or not you have the connectivity but just on the north side versus the south side and still have a connected system, that too is valuable, not always the ideal situation, but would we rather take the in lieu and complete what's on the other side of the street? I speak to this and I know Brandon is still here. Construction services, we deal with it at the time of the permit. We collect the funds. The funds then goes to mobility. While we are reviewing against what is in mobility's ordinance, we are mindful of how this plays into the whole system and everything like that.

Alan Clendenin

11:43:35AM From staff's perspective, I know because council went kind of like hard on this. Have you observed that there is room for maybe a staff review? Is there something that we're missing? If you were going to create a more perfect ordinance, would you have something different or create an appeal process or a waiver process? Is there something you have observed that you would like to see changed?

Abbye Feeley

11:44:05AM As far as the fee?

Alan Clendenin

11:44:07AM Well, the fee and issues bringing up today about some of the commonsense applications. Like one particular house we're looking at or hurricane damage, 50% plus.

Lynn Hurtak

11:44:19AM That was a hurricane damaged house.

Alan Clendenin

11:44:23AM Do you see this as a real problem or just looking for a problem that doesn't exist?

Abbye Feeley

11:44:32AM I think we need to go back collectively and look at what the intent of this provision of the code is. And it does live in mobility. So I don't want to speak for Brandon. We've had other discussions as this has continued to be at the forefront of our pedestrian safety and connectivity discussions over the years. That is that within a quarter mile or half a mile of a school, no exemption. We have to get the sidewalks in. That's our priority. I think we need to know how these work together with what's in the plan and the priority system in order to know how to best support both the city's efforts in making these connections as well as the private property owner's obligations in making the connections and how we move those things forward together.

Alan Clendenin

11:45:22AM Perhaps in another month or so, we'll be six months past the implementation of this and a year past the hurricanes. Maybe at that point we could do a six-month check-in on this ordinance that we passed -- come back to us at a six-month point, maybe we could have a suggestion of -- do a wellness check on what we did.

Abbye Feeley

11:45:54AM I'm sorry to interrupt. We passed the change in April. So April 17. October 17 would be that six months from when we did it to see how many. I get the monthly report. It averages each month about five to seven properties that are paying the in lieu. I can't off the top of my head tell you three of those are trees and four of them are something. But I do have that information. I'm happy to provide it.

Alan Clendenin

11:46:32AM Tie this up. So November 6. Maybe we could have a motion to bring this back November 6 with an evaluation and the consequences. Councilman Carlson, did you have something to add?

Bill Carlson

11:46:49AM Council member Hurtak brought up a loophole to change the ordinance, which I agree with. But that would be appropriate for that other thing. Right now, because we're -- this question is about what to do about hurricane. The problem you were asking about the problem just now. Here is what happens. People houses, because of insurance, didn't get everything covered. Hard time collecting money. They are struggling to try to get the money to rebuild their houses without having to sell them in a fire sale. So they finally get to that point. Then they go for the permits. I don't remember the exact numbers. You can correct me on this. But then the city says, okay, if you can't build the sidewalk, you have to pay the $24,000 fee. They said $24,000, why is that? At least in a couple of cases, the staff said, well, used to be 8,000. City Council as of April 1 changed to 24,000. People say City Council tripled the fee for hurricane victims, why would City Council triple the fee for hurricane victims? Doesn't make sense. That's where the question and problem came from.

Charlie Miranda

11:47:58AM I think there is a possibility you can change it. The individuals that had the disaster in their house and had to rebuild and so forth that are really struggling, I think you ought to take care of the ones that brought in and get your permit to rebuild the property, whatever it is. Those are the ones that you can give that you have to have your permit that you went to the city, get a permit to rebuild whatever the damage was to the property. And therefore those are entitled to it. It's got to be with something. Just can't be blank.

Guido Maniscalco

11:48:32AM Councilman Carlson clearly detailed it. Might be the same individual. At least one person, reach out to maybe all of us, we're doing this, we're rebuilding, here we get slapped with 24, 25 thousand dollar fee. Same thing. Council, whatever. I didn't vote for it, but it was a significant increase. At the very least, if we're not going to waive it, you mentioned, somebody comes in and buys 48 lots and building all new sidewalks, then you have a problem because you'll have spotty sidewalks. At least if we're not going to waive it, allow those people that were damaged by the hurricane in October, whenever it was, almost a year ago and did their permits and got all the construction in the existing home. They are trying to rebuild and stay in the home. The original names on the deed, put them back to the previous fee before the increase.

Alan Clendenin

11:49:35AM What about creating -- could we today grant staff the authority to administratively waive fees till the end of the year for these hardship?

Abbye Feeley

11:49:48AM There's no provision for that in the ordinance.

Alan Clendenin

11:49:51AM We'd have to go through the whole legislative process.

Abbye Feeley

11:49:55AM That's what I would suggest.

Alan Clendenin

11:49:57AM Councilman Viera.

Luis Viera

11:49:57AM Thank you very much. I clearly would be supportive of this. I supported the original ordinance. I think it's great. I have no problem philosophically, ideologically with putting regulations and different things on people that go for the greater good, so long as they are reasonable and narrowly tailored and so forth from a philosophical perspective. I'm reminded of a book big in the late 1990s, remember the death of common sense, forgot the gentleman who wrote it, Howard phillips. Whatever his name was. This could be one of those things where you have a very well ended regulation or law that does great things, but there you have the exception where it has unintended consequences. And I think given the tragedy that we went through a year ago, and god willing we don't go through again, I do think that some reform of the process is warranted, that's very narrowly tailored. Again, we don't want to undermine the revenue capacity, or I should say the sidewalk capacity of the law. I'm willing to support something.

Abbye Feeley

11:51:05AM We're just talking. I have a couple of ideas. One I hear, though, is an issue with 22-103 where you're not in favor of the criteria that talks about no other sidewalks on the street. While that is not directly related to what you all are talking about right now, and I'll get to that right now in a second, that still, I think, needs to be handled with either working with Brandon and figuring out what that means. So that's one thing. We'll kind of put that in the jar over here right now. In relation to where we are right now, I was just talking with emma, we could do a couple of things. This is all right on the fly with you right here, right now. One would be we rescind where you change the fee and we make the effective date out later. And we say, what is practical? I'm going to tell you, I need guidance then on what really was storm damage and why I'm here. Because everybody is going to walk in and say this was storm damage and I don't want to put the sidewalk in and I want to pay the $29. Then it puts the onus onto staff. Unless we have clear, that's why I'm saying, if we're saying our entire community is hurting, let's look at this and let's say while we change this April 17, do we make it January 1st of 2026? Do we give people that time now that we see those permits are coming in to benefit from the $29 versus the 279? That is one option. Like I said, I'm standing here working with you right now on kind of what some of our options are. Or, as emma stated, do we make the legislative change to somehow change it to speak to the hurricane victims and then if we do that, how long is that going to take? What happens in the interim and are we still at the same place if we just roll it back for a period of time. A couple on the fly options with you right here at the podium this morning.

Alan Clendenin

11:53:25AM Councilman Miranda, you are recognized.

Charlie Miranda

11:53:28AM Those individuals either had insurance or had FEMA conversation and there are records of that. So they should bring the records. They don't have it. If you do that, it clears all that out. Somebody has to have some record of sometime you can get it when you buy it at home depot, lowes, the certificate and the date. The concept is there but you have to have the proof. Get it from wherever you bought your lumber, electrical, drywall, floor, you must bring that in. I'm sure they have that for their own taxes.

Alan Clendenin

11:54:07AM Councilwoman Hurtak.

Lynn Hurtak

11:54:09AM Basically, the reason I turned my light on, what does that ordinance look like? What do we need to do. Councilman Miranda is right, but it's really the people who came to you with the 51%. It's not everyone. It's the people who came to you with the 51% that we the city designated. So we can easily look at those folks. This applies to the people who received a 51% letter. And that way we have an ordinance that goes till the end of maybe this year, 2025. If they have already paid it, they can get some money back for it. Whatever it is, so I would like that ordinance. Emma, I'm sorry, Ms. Gregory, if you would like our office can work with you on that ordinance language or if council member Carlson, it is your thing. If you want to work with Ms. Gregory instead. How soon could we bring that ordinance forward? On it. I think there are a couple of moving parts here. There is the language drafting itself. There is any staff implications with both Ms. Feeley's input and Mr. Campbell's input. When we are looking to draft an ordinance, one of the considerations is that it will apply to everybody in the city. Going to apply just for this year? Are you looking to include future hurricane, properties that are impacted by future hurricanes? I would ask for a little bit of time to consider all of these things.

11:56:11AM Okay. I think that we are talking about this hurricane. I don't think that we can --

11:56:21AM Yes. The past. Not the future. We're talking about the past and not the future.

Abbye Feeley

11:56:27AM From September 20 whatever it was.

Lynn Hurtak

11:56:29AM 2024. Helene and milton. Because if there are other hurricanes where people had 51% of damage -- hurricane season isn't over this year.

11:56:48AM Correct. Some of these things. I certainly hear your request, but we don't want to be changing this ordinance every year.

11:57:08AM Again, though, I don't think it would apply if people had hurricane damage tomorrow, because we changed the ordinance in April. We're talking about the past. We are not talking about the future. The future is 200 and whatever dollars. That's the future. That is.

Abbye Feeley

11:57:29AM That clarification is very helpful.

Lynn Hurtak

11:57:31AM And because we're also looking to close the loophole on no sidewalks on the street. That hasn't happened yet. So that might be something we have to change. I really, I appreciate your willingness to do this. Because I know it's difficult. But if what we can do today is say that we're moving forward on an ordinance that might only be passed and be viable for a month, that's okay, because if we put that notification that we will allow people to get money back if they were part of the 51% and paid it and they can get -- that, I think, solves that problem and people can say, okay, council is working on this ordinance. If I have to pay this money, I will get it back. So that is what I think we're trying to do.

Alan Clendenin

11:58:23AM After the hurricanes, administratively, we waived fees. That didn't come before council, correct?

Abbye Feeley

11:58:33AM We waived permit fees. I want to be clear on that. That was done under the executive order that governor desantis and the mayor and the local, so we had a state executive order and then a local which allowed us this opportunity. That ended at the beginning of March. At that time, the day it ended, I asked city Attorney Zelman, I can't just turn this off tomorrow if somebody walks in our office. Can we please put a notice up that says starting March 1 -- sorry, it ended in February. Starting March 1st, roughly like 14 days after it ended, we will end doing the permit fees. She legally was okay with that and informing the public in that manner. So that's when we went back March 1st, I believe, and put everything back in because we did not have the authority to waive the permit fees. We never waived the sidewalk in lieu fees because those are a fee you have elected to pay in terms of your permitting activity. Like, we never waived impact fees. Like, we only had the ability to waive the permit fee.

Alan Clendenin

11:59:49AM Probably impractical to figure out an administrative way of handling this it sounds like. Councilman Carlson.

Bill Carlson

11:59:58AM Isn't it possible to amend an ordinance? You create an ordinance to amend an ordinance, instead of rewriting the whole thing, create an amendment, like a scrivener's error thing. It would be a rewrite. An amendment.

12:00:16PM Can I try to make a motion?

Alan Clendenin

12:00:18PM Go for it.

Bill Carlson

12:00:26PM Let me try this and see what you think. There is a lot of other detail we can add. Motion to ask City staff to return on -- pick a date -- November 6 --

Lynn Hurtak

12:00:37PM Is that too early?

Abbye Feeley

12:00:42PM Part of what I hear you saying is this would be retroactive. It's not stopping anybody. What I'll ask my team to do this afternoon is go back and see how many right now we might be refunding, and what those actual numbers look like.

Alan Clendenin

12:00:56PM Go for November 6 and if you have to continue.

Bill Carlson

12:01:02PM Motion to ask City staff to return on November 6 with a draft ordinance amendment to enable homeowners whose homes were damaged by milton and helene, damaged 51% or more by milton and helene, to be grandfathered into the old sidewalk rate until December 31, 2025.

Lynn Hurtak

12:01:37PM I'll support it, but we need to add something about a retroactive --

Bill Carlson

12:01:46PM I didn't say retroactive. I said a blanket thing for anybody -- it says to enable homeowners whose homes were damaged 51% or more by milton or helene to be grandfathered into the old sidewalk rate --

12:02:12PM Until December 31st 2025.

Alan Clendenin

12:02:20PM Motion from Councilman Carlson. We have a second from Councilman Miranda. Abbye Feeley, do you have something to add before we vote?

Abbye Feeley

12:02:27PM No. I'll wait. Thank you.

Alan Clendenin

12:02:29PM We have a motion from Councilman Carlson. Second from Councilman Miranda. All those in favor say aye. Opposed? Ayes have it unanimously.

Lynn Hurtak

12:02:36PM I will take on the part of working with you all. I know you are going to go ahead and send it to all council members before, but I'm happy to work with you on that.

Abbye Feeley

12:02:49PM I would just say in relation to your other concern, then that would be a separate motion as to how you would like to handle that in looking at 22-103 and the criteria associated with paying fee in lieu.

Lynn Hurtak

12:03:11PM Let's try that. I make a motion to have staff come back and I'm also going to put that November 6 date in again. If it needs to be changed, that's fine. How about December -- can I tell by your face. No, that's totally fine.

Abbye Feeley

12:03:33PM I would like to prioritize what you would like first. Because I do feel that you're going to have a more robust discussion on the second matter. I think allowing tbba and allowing us to let some of our advisory groups know that you're going to have this further discussion and here's what you're looking at I think would be beneficial.

Lynn Hurtak

12:03:54PM I'll ask staff to come back December 4 with initial conversation, not an ordinance, but initial conversation about 22-103-c-1.

Abbye Feeley

12:04:13PM Can you make that for mobility? Mobility would be lead on that.

Lynn Hurtak

12:04:17PM I just said staff in general. That way you all can decide where it goes. Section 22-103-c, subsection 1, whether there is no existing sidewalk to which the proposed sidewalk can connect, we would like to talk about taking out that provision, but also allowing for a provision if there is a sidewalk across the street. So we need to have that conversation. That is my motion.

Alan Clendenin

12:04:53PM Did you capture enough of that?

Lynn Hurtak

12:04:55PM The motion is to have them come back with some suggestions before we go out to the community and have conversations.

Alan Clendenin

12:05:04PM I get your intent. I was worried about them capturing that in writing.

Abbye Feeley

12:05:08PM I think it would be helpful because I have the data from the last two years to be able to support how many have actually used that exception and whether that is the predominant exemption. I also have the addresses and the map. We have a good starting point on that.

Alan Clendenin

12:05:23PM Good discussion. Motion from Councilwoman Hurtak. Second from Councilman Maniscalco. All in favor, aye. Opposed? Ayes have it unanimously. Councilman Viera, would you like to do the last little bit of business before we break for lunch.

Luis Viera

12:05:34PM Item 71 because Ms. Feeley is here. I was late to council today.

Alan Clendenin

12:05:44PM We continued that to 10/23. We have a time certain at 1:30. We have another issue coming at 1:30 and then new business. If you guys could be in your seats and ready to go at 1:30. We are on break for lunch. [ sounding gavel ] [lunch recess]

01:30:18PM I call the City of Tampa back to order. Hope everybody had a good lunch. Roll call please.

Guido Maniscalco

01:30:25PM Here.

Lynn Hurtak

01:30:27PM Here.

Bill Carlson

01:30:29PM Here.

Charlie Miranda

01:30:30PM Here.

Alan Clendenin

01:30:31PM Here.

Clerk

01:30:31PM We have a quorum.

Alan Clendenin

01:30:34PM Two items of business. Time certain for item 69. Staff to present a monthly report on the update of fire station 24. So, chief. Hi, tim. Staff report. We don't need marty.

Chief Tripp

01:31:04PM Good afternoon, council. Barbara Tripp, Fire Chief for Tampa Fire Rescue. Of course, we are here to present and give you information as far as the update on station 24. I have the project manager here as well, and I will let him introduce himself. And we were able -- I don't know if CCTV was able to put it up, but we can present it on --

Alan Clendenin

01:31:54PM CCTV if you have it up -- we have something here -- looks like we do. If you can put the presentation up on the chamber's large screens, that will be great. Broadcast. There we go. Well, thank you all very much. Again, my name is ken guyette. We are the project managers for this fire station 24 project. Again, this was just to kind of talk about the core team of the project on this first slide. And as we get into this latest update, I want to talk a little bit about some of the key milestones that were met this last -- since we last spoke. First of which was the schematic design phase. The plan updates for schematic design was completed a little ahead of schedule on the second of September. The tree mitigation survey has been completed. We have powerline relocation discussions ongoing with TECO. If you recall, we have power lines on the site and see if we can get those buried, and those options are being weighed on right now and discussed. I think the preferred option by all is to bury those lines and make sure we are continuing that conversation with TECO. Vacating the alcolu road. It was passed. Good news. We will continue to march forward based on that and will basically combine these two parcel into one, which will be good for the project. Talking a little bit about the design and the update on the design, the latest site plan. The three large green circles around here are the grand trees. They are on the grand list and showing all those trees being saved around -- kept on-site. So there is tree mitigation and protection on -- within the contract documents that will be carried forward to ensure that those trees are not damaged in any way due to any construction activities. I spoke last time. We did -- and we have been able to eliminate the underground drainage structures that are a big part of the cost of the project. And if you look directly to the right -- to the east side of the -- of the plan that you see before you. All those lines mean that there is a depression there, and the stormwater mitigation will actually happen with the sedimentation retention pond to the eastern side of the property. Just again to orient yourself, we access the property through the far western side of the plan, up the driveway. There is a security gate that allows access to the team, fire station team only. There are four parking spots immediately to the right as you enter. Those are for visitor parking. You enter through the security gates. Come around the back of the building. That's where you will have entrance and egress into the apparatus bays ,and apparatus will exit and egress out of the south part of the bay again back on East White Way. One of the requested items was the percentage of impervious service calculated currently at 42% impervious surface ratio. If there is any additional information, we can get that from the civil engineer and get that over to the council. Here is the updated floor plan. A couple of key notes on the floor plan are we are able to reduce square footage and continue as we talked about before to make it a more efficient plan to reduce square footage where it seems prudent without compromising program. This floor plan as currently instituted will have two fire fighters, one captain, one lieutenant, one district chief -- excuse me, at three shifts. So three shifts. It will be three shifts of all of those components carried forward that will be accommodated within this plan. Currently, the gross square footage -- so obviously, we have been able to shrink that square footage down considerably. And the original gross square footage on the original space needs assessment was 24,135 gross square feet. So we have been able to really make this a much more efficient plan and reduce the square footage, which will then turn into savings on the construction side. The next four slides are the exterior renderings. And, again, these are just graphic representations what the building are going to look like. There will be some more iterations again, schematic design phase. As we go through design development and into construction documents, this will be, again, more enhanced as we go forward. The colors may change slightly depending on what the reaction is to the team, etc., etc. but, by in large, this is what you see from the southwest of the building. The southeast is on the next slide. Looking at the apparatus bays. This is the back side of the building where you will see the exterior area for the physical agility space, outdoor physical agility space, as well as outdoor dining area. And then the back of the building, which is, again, looking at the ingress side of the vehicle apparatus bay. Project schedule. We are currently ahead of schedule and working to improve those. Last time we met, we had several options and things too look at as we march this from schematic to design that we will work toward. Some of those started to show -- come to fruition. One of those is the use of tilt-up wall construction in this early design. We talked about doing that at the last meeting. It will definitely save on construction time. We will know a little bit more how much time it will save as we get more of the upcoming milestones of constructability and estimate for schematic design, which is due the middle of October. This is where now the construction manager gets to take a look at the plans. He gets to put some numbers and timeline to it. And we will be able to, again, work to reduce both of those numbers as we keep marching forward. Just a good barometer as we work through the schematic design phase. The schematic design phase in completion, which includes the construction estimate and constructability review, will be complete by the end of October 10, 2024 to be exact. And begin design elements, further design enhancements, and further design specifications that will have a full set of construction documents after the construction phase. Development plans. Those plan updates will be completed on or about the 9th of December. We are going to continue to work to reduce the review times. And review times have been very, very swift with -- with TFR and their team. And we will continue to work to reduce permitting durations, work to reduce the design durations. And still continue to look up early enabling work and push to get something that is out on-site early. And that will -- that will be telling as we get into the first constructability review and get into some of the conversations in more -- in more finer detail, detail during constructability review. So with that, if council has any questions, I'll be more than happy to answer them.

01:39:54PM Council member Viera.

Luis Viera

01:39:56PM Thank you, Mr. Chairman. And thank you, sir, for your presentation. I appreciate it. I appreciate Chief Tripp your hard work and Mr. Mutterback for all your hard work and Local 754 pushing for this as well. I really, really appreciate it. Quick question, sir. When do we -- an amended date for groundbreaking. If I recall -- I didn't sleep a lot last night for some reason, September 26, the rough date. Estimate in October, and hopefully will pull that date back and have a better constructability review. I am not going to hold to you it, by the way. Of time with tilt-wall construction and hopefully shave off weeks if not days off of that schedule. Hopefully months if we can get that.

01:40:55PM Thank you for that, sir. I was speaking to Mr. Mutterback who was saying what a great job you have done and what a valuable asset you have been in helping Chief Tripp and everybody on this. Thank you very much for that. When do you think it will be, accordingly, then ready to open and everything? Little bit of time off, you think? So -- we are going to get that -- again, that grand opening, that -- that ribbon-cutting pulled back at least the same kind of duration as the early on-site, getting the groundbreaking. Wherever we can pull back the time hopefully be reflect through the duration of construction. And, again, looking at different aspects of getting that pulled back as much as possible.

01:41:39PM Thank you very much, sir. I think it's '27. I will be out of here but whoever council picks as my replacement and the voters pick, will be a great celebration. This is very important because it places the last three fire stations in the City of Tampa north and New Tampa. This is North Tampa. We have 23 in New Tampa for Grand Hampton area. 25 that is -- Sulphur Springs and geared toward North Tampa to help out with station 13. One of the first things we worked on with Chief Tripp and then joe greco was the head of union, if I recall. So this is going to finish what you started, so to speak on this with -- and helping out North Tampa. I -- you know, I think I last went to station 13 on Labor Day. And they -- they are doing better, thank god, which is great. They see difference with station 25 and helping them out with response times and workload and everything like that. I always say -- you know, I -- we have -- not to talk politics, but we have an election coming up for mayor. And obviously, I am not running for mayor. I am not running for city office or anything of that nature, just as somebody that cares a lot for Tampa Fire Rescue. I really hope we have a very robust discussion in that election on fire stations. I think that is so important for the next administration to really, really hit that issue very hard. I know we are working on the -- the fleet maintenance and moving that out of station 9 to help expand room in station 9 to assist with extension of a growing West Tampa. I maintain we need additional investments in New Tampa. Like I talked in the budget hearing, downtown Tampa. I hope that is a big discussion because this should be the beginning. Again, I stated my position many times with my disagreement with the administration on fire stations, but I am just glad to see this happen and glad to see that, you know, you are getting in. Again, that's -- everybody has their function. And I am an attorney. I am a very good -- I am good in court. I am good in depositions. This and that. You give me legal research, I will give it to a poindexter. Everybody has their strength at things and that is the way it is. We appreciate you coming in and helping folks out because I think that is important. That's it. Thank you, sir. Thank you, chief. Thank you, Mr. Mutterback. Thank you, everyone.

Alan Clendenin

01:44:15PM Councilwoman Hurtak.

Lynn Hurtak

01:44:17PM Thank you. Thank you, council member Viera for those points, and the questions of the timeline were mine as well. But I am going to go to the other side. I heard you say "savings." When I heard "savings," that is definitely something that you mentioned that there is no longer a vault. We moved it. So in that October update, will we also have an update on the savings? The intent is to have a construction budget back from the contractor that will give us an estimate where we are standing with construction. And we will continue to look at value management as we work forward to get that number back down as we are continuing on to the next phase. Intent is that we see the number now. Hopefully, it is good. We work to get it down, more, more, more. Design development. Happens again and another constructability review and another construction estimate. Likewise in construction document phase, we are going to get the same thing. We are going to have three different cost estimates between now and the time it actually goes. And they start to put it out on the street with their subcontractors. Intent is to be very, very comfortable with the number before they are released to go. No surprises come the time that we get numbers back from the subcontractors that we are ready to start digging immediately.

01:45:30PM Great. That is very good. I looked at the floor plan. And I have to say the last time I was up to visit my mother, I was able to get into fire station number 1 for gainesville fire rescue -- or Fire Department. Their rescue is different. And they -- I got a great tour. They told me of stuff that was awesome and stuff that did not work. So I still not have a chance to talk to Chief Tripp about it because I will. There are definitely things I see on the site plan that were best practice for that station. And so I would love to talk a little bit more. I can't really see super clear on this. So I would love to have a conversation. Sorry that during lunch I wasn't able to come down. I would like to do that. On the note of, you know, building more fire stations. I was just at station 4 on Monday all day to see what 4 and 10 were like together. And while it works because station 4 just happens to have the room for that, yeah, station 10 really -- we -- and we can't start that until fleet and supply is done. My other question to you or I guess to Chief Tripp or even to Mr. Mutterback, is he available to help with fleet and supply? [Laughter]

Alan Clendenin

01:46:51PM Spoken like a contractor.

Chief Tripp

01:46:54PM I know this is off the record, but I will bribe him to stay around.

Lynn Hurtak

01:46:58PM This sounds great and able to move forward and help Chief Tripp that has so much on her plate to be able to -- because fleet and supply will be the same thing. We will have the needs. My only other concern about this -- and again we can talk off-line. While I understand there is enough room for 11 fire fighters and the folks who are in charge of them, like, is there room for growth? Because four bays means a lot of people. I am curious about that as well. And I want to make sure that while we are value engineering for space, we are also thinking about ways that that space might meet -- be reconfigured if we ended up needing more bodies in that space.

Alan Clendenin

01:47:47PM Before he answers that question, I want to expand on that because was going to be my point as well. With all of the expansions we see at USF and the redevelopment and reimagining of fowler and you all anticipate a lot of increased density. With what Councilwoman Hurtak just said, how does that play in this design?

Chief Tripp

01:48:12PM I will speak on part. Chief Tripp, Fire Chief. My plan of building the station. Right now station 24, the resource that are there are an engine and a rescue, to okay. With North Tampa growing, with the stadium coming, with all of that being developed, that is why I needed a four bay to predict for growth. Just like now, you went to station 4 and with station 4, we are putting all of the resources. Just like station 1. I don't have room for rescue 6. I had to put it somewhere. That is -- that station there is basically looking for the future. Because we are going to have to act more. The city is growing. The population has increased. You know, incidents are happening. That is the whole point to make sure that we have room to put another engine or another rescue car, whatever resource that we need for whatever is going on in that area. A ladder truck for a chief. Or whatever the case may be. That is the purpose of having four bays there.

Lynn Hurtak

01:49:15PM Saying not all of these dorm space will be full immediately. So that is what I was asking, because I did notice that. And, you know, we talked about it while I was at station 4. 10's engine is outside because there is no room for it because they -- even though they have enough bays, those hold other important apparatus. And that's where they live. Because of the proximity to it the port and to other areas. So it is always interesting to be at station 4 for that reason.

Chief Tripp

01:49:48PM That is another thing because, you know, it was a Fire Department. Now we have been fire rescue. We added more resources to these stations that are 65 years old. So we need to grow the stations as well.

Lynn Hurtak

01:50:00PM I want to say publicly how much I enjoy the ride-alongs. I learn a lot. Got to see new stuff -- every time I go, I see something new, and I love the ride-alongs for police and fire. I learn a lot. Want to be able to say that publicly how much I -- I learn and respect all the folks who do that work. So thank you for everything. Thank you.

Alan Clendenin

01:50:24PM So the plan is -- this is built for expansion and collocation for rescue and fire?

Chief Tripp

01:50:34PM Yes, sir.

Alan Clendenin

01:50:36PM You are comfortable with the size of it? Great. One quick question. This could have been done with a phone call, but I am curious. Because fire stations are being built freaking everywhere. Just in Florida with the growth. Why are they all specific? Why don't we have a turnkey design. Why not buy a set of plans and build a fire station.

Lynn Hurtak

01:50:58PM Land.

Alan Clendenin

01:51:00PM Nothing really complex about this. Particular fire station might be, what kind of apparatus it has. The kind of support staff that needs to be there. Whether a full-time fire fighter or part-time fire fighter. Whether they stay there. A bunch of different aspects. Chief can probably talk more about it. A lot to have kind of -- I think a fpa, if they could, would absolutely have -- here is a perfect fire station and build this.

01:51:30PM Model a, b, c and d. Doesn't exist anywhere? All custom? I am sure there are architects that are able to pull out of their portfolio, and say we used this and basically done it in five different locations.

01:51:48PM Because we get e-mails from the president of the 754 and the fire stations. And surely, there have too be turnkey models of these things. Council member Carlson.

Bill Carlson

01:52:03PM My name is not surely. It is an old joke.

Alan Clendenin

01:52:09PM Our audience is the demographic of 18-24. [Laughter]

Bill Carlson

01:52:17PM Thank you to Chief Tripp and everyone who is working on this. And special thanks to council member Viera. This has been maybe a six or more, seven year -- almost the whole time I have been on council's project that council member Viera is leading. One thing that I want to say is for the hard-working men and women of the fire rescue and for the neighborhoods who want us to put more resources and pour more resources, the idea that we all got behind this one. Not in my district, but I supported it. My colleagues supported it. Because we have a whole queue of things we have to get through. This one has taken years and years. And I am hoping that once this is done, that we can move the backlog of other things that we in council and fire fighters and neighborhoods would like. I hope this will be the beginning of many positive things to come. Thank you.

Alan Clendenin

01:53:11PM Anything else?

Luis Viera

01:53:13PM I have a quick question.

Alan Clendenin

01:53:15PM Go ahead, council member Viera.

Luis Viera

01:53:17PM I had a message that I sent to my public e-mail, by the way. If they can make this presentation available on base. Somebody had asked me that.

Chief Tripp

01:53:27PM Yes.

Luis Viera

01:53:30PM It is fun if I was laughing when Lynn Hurtak was talking of doing the ride alongs. And Chief Tripp, spent the night at station 123, shocked that you let me do that because I am so damn clumsy. I am a risk liability. That's all. I always appreciate that. Reminded me I guess.

Alan Clendenin

01:53:53PM Very good. Thank you for the great report. Appreciate it. Appreciate it.

01:53:57PM Okay. Here we go. We are.

Lynn Hurtak

01:54:09PM A really lovely picture.

Alan Clendenin

01:54:11PM Of me? [Laughter] okay. We are -- would like to a motion to open the 1:30 public hearings. A motion from council member Viera. Seconded from council member Maniscalco. Ayes have it. Item number 63. If you were here in the audience to provide testimony and speak on item 63, please stand, raise your right hand and be sworn in by the clerk. [Swearing in]

01:54:55PM Thank you. Who is going to kick us off?

Camaria Pettis-Mackle

01:55:07PM Good afternoon, Camaria Pettis-Mackle from the Legal Department. Item number 63 is regarding file number FDN 25-36. Mr. Shelby should be handling -- handing out the code section 27-61 and recommended order regarding this matter, but I took the liberty to explain the section, where we are, and what City Council's role is today. I did the opportunity to do a breakdown of 27-16 on the elmo -- on a powerpoint presentation on the wolf.

Alan Clendenin

01:55:47PM Should self-activate when you throw it on there, unless they flip a switch.

Camaria Pettis-Mackle

01:55:54PM May I proceed?

Alan Clendenin

01:56:01PM Yes.

Camaria Pettis-Mackle

01:56:01PM As indicated, this matter is before you to consider the recommended order by the hearing officer who conducted the de novo review hearing regarding this matter. The de novo review hearing already took place. For City Council to take action on the recommended order, as outlined in code section 27-16, subsections j-1-e, III. City Council may adopt it as final, reject the recommended order in its entirety, or modify the recommended order. The final order, according to code section 27-61, subsections j-1-3i. City Council may not reject or remodify any findings of fact reached by the hearing officer. That is important because it is outlined in the code. You can't change his findings of fact. It also provides additional information if you think that further fact-finding is needed. You can always modify -- always remand this matter back to the hearing officer for further fact finding. Also, code section 27-61 subsections j-1-e III says if City Council rejects or remodifies conclusion of law, you must state with particularity to modify the conclusions and must state that your finding -- that it is substitution of a conclusion of law is or as more reasonable as rejected and modified. This is the language from the code. I modified it. It is what is in the code. This is what you are tasked for this afternoon. Accepting the recommended order, modifying the recommended order or rejecting the recommended order. I will say that there were some exceptions that were filed by the petitioner regarding this matter. Code section 27-61 subsections j-1-d III addresses the exceptions. Exceptions be any objections to the findings of fact and contained in the recommended orders. Exceptions must identify the disputed portion of the recommended order. And if there are exceptions based on testimony presented at the hearing, then the person filing the exception must provide a transcript of the proceeding or a video recording of it. There was also a request made for oral argument regarding this matter. And, again, the oral argument portion of the code, is also -- it is in your packet that I gave you about oral argument that also gives -- if you choose to give oral argument, it is on page two and page three of the handout. But here is the information regarding oral arguments. Code section 27-61, subjection j-1-e ii. City Council may only open the meeting for oral argument if City Council finds the hearing officer did not address a matter introduced into the record. Or the record -- the recommended order contains an ambiguity. If City Council allows oral argument, you may limit such oral argument to addressing only those matters for which it opens for oral argument. So you can -- if you decide to open for oral argument, you can limit what the oral argument is about. Mr. Shelby shall review -- this is one time that City Council attorney is outlined in the City of Tampa code. Mr. Shelby shall review the request for oral argument and make a recommendation to City Council on whether or not the request for oral argument meets the criteria. But I just want to re-emphasize the pupose of today's hearing is just to consider the recommended order. This is not a review hearing part ii. And not a de novo hearing. This just to consider the recommended order. And with that, I will turn it over to Mr. Shelby.

Alan Clendenin

02:00:58PM Mr. Shelby.

Martin Shelby

02:00:59PM Thank you, members of City Council and Mr. Chairman, Martin Shelby, City Council attorney. As Miss Camaria Pettis-Mackle said, I have the honor of having this provision in the code. And I have had the opportunity to review the exceptions of the recommended order, and the request for oral argument. What I would like to do so I can ensure that you have it in front of you is to distribute it again the exceptions to the recommended order that have been filed by counsel for the applicant or the petitioner. And also, the request for oral argument. So what you have in front of you is a full set of items to be able to refer to. Most importantly, the recommended order itself, which is attached -- which was attached to the resolution setting this hearing from the outset. So your comments relating to this decision have to refer specifically to that recommended order. Again,this is not a de novo hearing and not a review hearing and is based solely on the recommended order. And then what you have in front of you are exceptions to that. And you have the request for oral argument. Council, after reviewing the request for oral argument, I can not make a recommendation that this request for oral argument meets the criteria. But the discussion doesn't end with that determination. It is still council -- and I want to reiterate what council's role is in this case. You may only -- and this code is very strict. Your subject and your task here unlike a de novo review hearing is very limited, and council had previous experience with this. Let me just state, again, for the purposes of the record, City Council may only allow public discussion upon a request for oral argument filed by a parent or important its own motion. City Council may only open the meeting for oral argument -- let me repeat that, City Council may only open the meeting for oral argument if the City Council finds referring now to the recommended order that the hearing officer did not address a matter introduced into the record or the recommended order contains an ambiguity. And, again, that is required to be a finding of City Council before you would allow oral argument upon motion. If City Council allows oral argument, City Council may limit such oral argument addressing only those matters of which they opened oral argument. Now having done this, I just want to state that in the event the City Council -- and again, I am reading directly from the code, subsection 3. In the event City Council approves the request for oral argument, the content of the testimony shall be the same as the content of testimony submitted verbally or in writing to the hearing officer. Council permits oral argument. Allow staff and each party up to ten minutes for oral presentation or argument. Nonparty participants may be permitted oral argument -- presentation or oral argument up to three minutes. No person must submit new testimony to City Council during oral argument. And all persons must confine their presentations to evidence made part of the record. And, again, you heard from the -- the assistant city attorney and, again, depends on what council's direction is, we will go through what it takes to get to a final order in this case.

Alan Clendenin

02:04:54PM Looks to me we should take about 15 minutes to read the findings of fact.

Lynn Hurtak

02:04:59PM Can we have five minutes?

Alan Clendenin

02:05:02PM I am going to suggest 15. Council Will address the findings of fact and these conclusions of law, and the exceptions to the recommendation filed by the petitioners so that we can assess this case.

Martin Shelby

02:05:16PM Certainly if that is council's pleasure.

Lynn Hurtak

02:05:21PM I don't think we should leave.

Martin Shelby

02:05:23PM Stay here and stay in session.

Alan Clendenin

02:05:25PM Stay in session. So people know we will sit up for 15 minutes and read.

Lynn Hurtak

02:05:30PM I don't know about 15 minutes.

Alan Clendenin

02:05:34PM If you just signal that you are done and comfortable to proceed. And if I get everybody's hand -- just put on your lights and I will know.

02:05:43PM My understanding of what is before us today. We have read the hearing officer's conclusion of law and conclusion of facts, and we read the petitioner's objections to the finding of facts, exceptions of the recommended order. 02:16:43pm >>Martin Shelby: if you were finished, Mr. Chairman. Yes.

02:16:47PM Remember that rule of interrupting me.

Martin Shelby

02:16:49PM I have every certainty do this before you into a discussion or council determination. Criteria from the City Council is you can only open for oral argument if the City Council finds that the hearing officer did not introduce a matter into the record and if it contains an ambiguity. If you allow oral argument, you may only limit it to only to the matters of which you opened it. Let me also read criteria for final order because I think it is relevant in your case. I will read excerpts under the section of "final order." And Miss Camaria Pettis-Mackle did reference this in her presentation to council as to the background. City Council may not reject or modify any findings of fact reached by the hearing officer. If City Council determines that a finding of fact is not based upon competent, substantial evidence contained in the record or if there is a finding of fact, you not comply with essential requirements of law, meaning was the proper law applied correctly, then City Council may in that case remand the matter back to the hearing officer, but only if it determines that additional fact finding is required. If you rejects the conclusion of law, then your task and paraphrasing again reading with particularity its readings and must make a finding that your substitution of a conclusion of law is as or more reasonable than that is rejected or modified. That will be the case and the context upon which you make your decision. I turn it back to you, Mr. Chairman.

Alan Clendenin

02:18:37PM Based on what city and council's attorneys have stated and our role here, seems as though the threshold is quite high as far as reviewing this case and the statements. Did anybody in their review of the documents find that the hearing officer -- title is hearing officer.

Lynn Hurtak

02:19:03PM Could you ask that question again?

Alan Clendenin

02:19:08PM Did anybody -- I am just determining if hearing officer was his title. Hearing officer -- I will use that. Did anybody here when they were reading through the documents, did anybody find that the hearing officer's statements of fact and conclusions of law were flawed or did anybody find that exception filed by the petitioner were valid to justify opening this case with oral arguments. Council member Carlson.

Bill Carlson

02:19:51PM No detail on any documentation or discussion about the -- about the change of the zoning when the new -- when the new zoning -- 1984, when the new code went through. They were under r-4, which included both uses and then -- we don't know what happened or why they weren't grandfathered in or whether they requested to maintain or if they -- if they requested a different one, but somehow they were changed to this other zoning classification.

Alan Clendenin

02:20:25PM You go back to the findings of fact and look at what the hearing officer found based on the testimony that was provided by the use or not continuous use of that property. As I read it, he is talking about the -- his interpretation of how they were using it. But it doesn't address the issue of whether they requested to be grandfathered in the existing use in 1984. That information is not in the record. So that would -- you asked if anything that would cause us to open it, that may be a reason to open it.

02:21:01PM I don't -- in my opinion, I don't think that reduced that threshold, but --

Martin Shelby

02:21:08PM Thank you, Martin Shelby, City Council attorney. You are saying that there is a -- something that you might see as a relevant fact that you do not see in the order that you think might be relevant to a decision?

Bill Carlson

02:21:25PM The r-4 designation included both uses, and the new designation did not. In 1984, is it is silent as to whether they -- they tried to change the -- to be grandfathered into the old zoning at that time and only talks of the de novo hearing in 2024.

Martin Shelby

02:21:51PM I am sorry I --

Alan Clendenin

02:21:54PM I think -- if you go back and look at number 7 on the hearing officer's findings of fact. And continuing with the current code beyond that -- continue with what the current code allows, I think it addresses your concern.

Bill Carlson

02:22:13PM It just -- as I -- and I am not trying to argue the point, I am bringing this up because you asked, it doesn't give any details about -- about whether they -- whether they asked to be grandfathered in or denied or what happened. It merely states that it changed.

Alan Clendenin

02:22:30PM I am hearing what you are saying, but I don't know if that is relevant --

Martin Shelby

02:22:35PM The thing is, if he can. I wanted to say that council may only open public discussion of request of oral argument filed or by a party -- by party or upon its own motion. So if you -- if you think -- if there is something -- if, in is either an ambiguity or something that is missing from fact, that you may need to ascertain to make a decision -- I am not taking a position one way or the other. If you think that they are entitled oral argument, then a motion would be in order. Otherwise, not.

Bill Carlson

02:23:09PM It also -- can I make one other point?

Alan Clendenin

02:23:12PM Yes, sir.

Bill Carlson

02:23:12PM It also shows clearly what -- by the way, for disclosure, I been to this place -- not in a few years, but I have been here several times. It -- it says clearly what the primary use was. But it doesn't have a site plan or a map or photos to show whether part of it has been used as an office. Merely says that the primary use was --

Alan Clendenin

02:23:40PM I think that the crux of --

Martin Shelby

02:23:43PM Actually, council, that -- and you may not have recognize it or may overlooked it, but that has been available in acela. If council needs the opportunity to review documents that you think you don't have, well, that is another issue we can address. But if you feel that could be addressed in oral argument in answering your question, you can do that. I will remind you that even after oral argument, and, of course, there are exceptions, there will be addressed if you grant that oral argument for the petitioner's attorney and, of course, the city will have the opportunity to address that and perhaps rebut that. But even after all that finding, council, ultimately, please remember that you can not modify any findings of fact and you have to remand that if that is the case for additional fact finding. And if it is an issue of -- if it is an issue of law, then your task is to make a finding that -- a substitution of a conclusion of law is more -- as or more reasonable than that was rejected. That you will have to do if you were to do anything other than affirm this order in order to bring back an order that actually reflects what council's decision is. Even after you open oral argument, you have that duty and burden that the city code gives you. But if it is a question, council, only thing I can advise you is -- if you feel it warrants a motion and a second and a vote, it will determine whether you have oral argument or not. Or if there is no desire for a motion or no second, then the matter is moot.

Alan Clendenin

02:25:22PM We don't have to have a motion on this?

Martin Shelby

02:25:26PM Well, my recommendation -- my recommendation for the purposes of the record then, you make the determination that you will make a decision.

Alan Clendenin

02:25:34PM Uphold the decision of the hearing officer.

Martin Shelby

02:25:37PM As part of the motion, reject the need for oral argument, if that is council's pleasure.

Alan Clendenin

02:25:42PM Councilwoman Hurtak?

Lynn Hurtak

02:25:48PM I mean, if you think that you just want to go ahead and make a motion to open for oral argument. If that is what you want to --

Bill Carlson

02:25:58PM The other thing is we can remand it back and ask these questions, right? Or ask them to clarify?

Martin Shelby

02:26:05PM With regard to fact -- with regard to the fact as to -- you will have you to probably do it with -- articulate the specific question that you have been working to formulate with regard to the previous code and it is a question -- it is a question of use. My recommendation -- I can't -- I would recommend thatm ultimatelym whatever you decide to do, if it is remanded, it has to be done with particularity. That is the word.

Lynn Hurtak

02:26:44PM They say they literally came to find a former decision to seek the determination regarding the nonconforming use of office for the site. What that is to me that they didn't have one. So, to me, that is a finding of fact. If they didn't already have that grandfather -- if they had gone for the grand father. They wouldn't have need.

Alan Clendenin

02:27:16PM Brings back into focus our stated task here was to, one, accept what the hearing officer has found in fact and law. And two, to focus on the exceptions that the petitioner provided to that. And so we -- so t those facts are there. Usage -- the usage of the building was established by the hearing officer. You just have to compare the exceptions. Some if you were -- if you were concern falls within the parameter of an exception, then I think it is worthy to be heard. If it doesn't, it does not, is that correct?

Martin Shelby

02:27:55PM I would phrase it this way. If you feel that the hearing officer did not include something that you think is necessary as a finding of fact, you -- that is a basis for opening it up for oral argument and give the parties the opportunity to address specifically -- and you can limit that. Again, no additional new evidence can be taken. It has to be based on evidence that is in the record on either side. If they go beyond that scope, you can object to what is going to be sworn testimony, because they can give you sworn testimony as to what we is already in the record and was presented to the hearing officer during and in advance of the hearing and subsequent to that when he prepared this order.

Alan Clendenin

02:28:41PM I entertain a motion to deny oral arguments. See if that goes.

Guido Maniscalco

02:28:47PM I would like to make motion.

Lynn Hurtak

02:28:49PM I will second that.

Alan Clendenin

02:28:51PM A motion from council member Maniscalco and seconded from Councilwoman Hurtak to deny oral arguments. Roll call please.

Luis Viera

02:28:58PM Yes.

Bill Carlson

02:28:58PM Yes.

Charlie Miranda

02:29:01PM Yes.

Guido Maniscalco

02:29:02PM Yes.

Lynn Hurtak

02:29:03PM Yes.

Alan Clendenin

02:29:04PM Yes.

Clerk

02:29:05PM Motion carried unanimously.

Alan Clendenin

02:29:08PM Do we need another motion or are we done?

Martin Shelby

02:29:15PM A decision is the decision.

Lynn Hurtak

02:29:16PM Now the petition time.

Martin Shelby

02:29:19PM Based on the information you have provided to you and based on the record and the recommended order.

Alan Clendenin

02:29:27PM Can we get a motion to affirm decision of the hearing officer?

Lynn Hurtak

02:29:31PM We can still deny it. You are asking for one to affirm it. Based on the law and the review and what is in these documents, I recommend that the petition for review be denied, and the decision Zoning Administrator be affirmed.

Guido Maniscalco

02:30:06PM I will second that. To accept the recommended order.

Alan Clendenin

02:30:12PM Motion from Councilwoman Hurtak. Seconded from council member Maniscalco. Roll call, please.

Bill Carlson

02:30:17PM No.

Charlie Miranda

02:30:20PM Yes.

Guido Maniscalco

02:30:22PM Yes.

Lynn Hurtak

02:30:24PM Yes.

Luis Viera

02:30:25PM Yes.

Alan Clendenin

02:30:26PM Yes.

Clerk

02:30:27PM Motion carried with Carlson voting no.

Martin Shelby

02:30:30PM Now, council, if I can. I believe we may need to follow this up -- when is the process for the final order? What is the process from that this point on? Or something that will be handled from this point on?

Camaria Pettis-Mackle

02:30:50PM Camaria Pettis-Mackle from the Legal Department. I am just reading again from the code, 27-61. If City Council directs staff to prepare a revised order, the revised order shall be transmitted to the parties and nonparty participants. So there haven't been a change, unless City Council is directing --

Martin Shelby

02:31:13PM No further action is required by City Council after this.

Camaria Pettis-Mackle

02:31:17PM No.

Alan Clendenin

02:31:17PM The applicant has the final order by City Council shall be deemed final and may be repealed to a court of jurisdiction for applicable wall. I object on the grounds of due process. I don't need to go into more detail. We believe that there was an adequate notice for you given on the agenda. We timely filed this. It was not in your agenda materials. You were forced to read it right now in a very kind of quick way. This is a detailed issue that needs time to really digest. And so on those grounds, when we do object. And thank you very much.

02:31:58PM Objection is noted. Thank you.

02:32:00PM A motion to close.

Guido Maniscalco

02:32:02PM Move to close.

Charlie Miranda

02:32:05PM Second.

Alan Clendenin

02:32:06PM All in favor, say aye. Opposed. The ayes have it. That concludes our business -- new business. Councilman Carlson?

Bill Carlson

02:32:25PM The expressway authority has asked us to put their CEO Greg Slater on the agenda for 15 minutes. I would like to make a motion to request the Tampa Bay Hillsborough expressway authority's Greg Slater to give a 15-minute -- let's say ten-minute presentation on the south selmon capacity project on the December 18 council regular meeting over ceremonial activities and presentations.

Alan Clendenin

02:32:54PM Motion from Councilman Carlson. Seconded from council member Maniscalco. All in favor, say aye. Opposed. The ayes have it. 18th. A Christmas present. Is that is it? Council member Viera.

Luis Viera

02:33:09PM A couple of quick motions, if I may. Motion on mobility to get back on staff improvements on commercial park near Liberty Middle School and to report back to November 6 regular session with a written report. Long story short, there was an incident with a student who was hit over at Liberty Middle School. I visited with jessica vaughn and others, just to get a written report, if I may.

Alan Clendenin

02:33:36PM Motion by council member Viera. Seconded from council member Maniscalco. All in favor, say aye. Opposed. Ayes have it.

Luis Viera

02:33:43PM The disability internship program in the first regular session in April with world autism month, and I won't will not be here, and I want to make sure this thing goes on forever. So it will be obviously April of next year.

Alan Clendenin

02:33:57PM Motion from council member Viera. Seconded from council member Maniscalco. All in favor, say aye. Opposed, ayes have it unanimously.

Luis Viera

02:34:04PM I motion for Parks and Recreation to report on a roll-out plan for inclusive playground equipment of parks outside of the CRA, South Tampa, as well as the North Tampa area. I understand we are limited on funds outside of the CRA so I intend to make the same motion of CRA if it is standard practice for inclusive playground equipment as part of the improvement in new parks. I would like for there to be an in-person report on November 20.

Guido Maniscalco

02:34:33PM Second.

Alan Clendenin

02:34:35PM Motion from council member Viera and seconded by council member Clendenin. I applaud your efforts. Every child that shows up in a playground should participate. All in favor, say aye. Opposed, ayes have it.

Councilman Viera

02:34:47PM Lastly, a long time coming going back to joe catano.

Alan Clendenin

02:34:52PM Jet black dyed hair.

Luis Viera

02:34:57PM Yeah, he is a funny guy. I motion for Tampa Police Department to report on the possibility of establishing a New Tampa substation in an existing strip mall or building where there may be current availability and this will be an in-person report on November 6. Long story short, you know, we -- in New Tampa near a substation is in district two, which is over off of station 13. And, you know, getting -- I was talking to Chief Bercaw and brought it up and he seemed to be receptive. Maybe not a full substation, I see a lot of time there are these strip mall where is you rent something. Sometimes the owners give it to you. So that there can be a police -- a former substation esque presence in New Tampa. So that will be my motion.

Charlie Miranda

02:35:50PM Second.

Alan Clendenin

02:35:50PM A motion from council member Viera and second from council member Miranda. Where is it you suggest?

Luis Viera

02:35:57PM Anywhere in New Tampa.

Alan Clendenin

02:36:00PM That is quite broad.

Lynn Hurtak

02:36:01PM Not really, because not a lot of commercial space there. He is talking of commercial. Only one or two corridors of space.

Alan Clendenin

02:36:12PM But it is long.

Lynn Hurtak

02:36:14PM We are not talking about the whole --

Alan Clendenin

02:36:16PM What is it, Hunter's Green is a hot bed of activity.

Luis Viera

02:36:21PM There you go.

Alan Clendenin

02:36:21PM Motion and a second. All in favor, say aye. Opposed. Ayes have it.

Luis Viera

02:36:26PM I did want to comment. We saw a report on the Racial Reconciliation Committee and what is happening there. I am in talk with the committee members. I called a few yesterday when I was briefed on it this morning as well. And I have been in contact with them. And I am setting time aside tomorrow. 9 a.m., and I think 1 p.m., because obviously I can't meet with them collectively because of issues to speak with everybody individually. I do think it is proper to make a motion later on for commendations, and we will discuss it further. I think it is terrible what has happened obviously. Very important to note that this is something that is outside of our control. It is outside of City staff's control. And I think that anybody that says that the City Legal Department, we can ask Mr. Shelby for his opinion on it as well. There is -- there is nothing -- it is all from the federal government. And so I think it is terrible. I mean I have never seen such blatant appeals to racial grievance and division coming from the federal government through things like this. And it breaks my heart. And it breaks my heart for the committee members who deserve better and for Tampa who deserves better and Florida and the united states you have america deserve better than this. Yeah, just my thoughts. Thank you.

Alan Clendenin

02:37:42PM I think you get unanimous consent on that. Is that is it?

Luis Viera

02:37:47PM Yes, thank you.

Alan Clendenin

02:37:48PM Councilwoman Hurtak.

Lynn Hurtak

02:37:50PM Yes. Earlier we talked about stormwater money and for parades. So what I think I would simply do is just ask the administration to come to us on November 6 with their plan for barricades and parades so that we will be able to find out whether or not they plan to use stormwater employees. My motion is to have the administration come on November 6. And actually a written report is probably fine. So if that is the case actually, then I want to do that on November 23. A written staff report on how the administration plans to provide barricades for parades and if stormwater staff will be used for such.

Alan Clendenin

02:38:50PM Mr. Shelby.

Martin Shelby

02:38:52PM How far away is that? How many weeks?

Guido Maniscalco

02:38:55PM Two months.

Lynn Hurtak

02:38:56PM A full month.

Martin Shelby

02:38:57PM A full month.

Lynn Hurtak

02:39:00PM 23rd of October.

Charlie Miranda

02:39:02PM You said November.

Lynn Hurtak

02:39:04PM I said November, and I went back. Written report for, October 23. Only wanting to get it done earlier is the season really starts in November. So if staff needs more time to November 6, I am open to that. But, again, a written report, not a oral one.

Martin Shelby

02:39:23PM To October 23 then?

Lynn Hurtak

02:39:28PM We have room because it is written. Opinion.

Alan Clendenin

02:39:31PM I get your point, but are we dabbling where we shouldn't be dabbling?

Lynn Hurtak

02:39:39PM I am saying just to ask. A written report of facts.

Alan Clendenin

02:39:43PM Not questioning.

Lynn Hurtak

02:39:45PM Not a question, but report of fact. You are right, we can't. People are going to ask. I want the information so we can accurately provide information.

Bill Carlson

02:39:55PM We can and we have in the past asked. It doesn't -- we can't order the Logistics and Asset Management to do something, but we can ask. This is a good first step.

Alan Clendenin

02:40:05PM Very good. Big yawn. Motion from Councilwoman Hurtak. Second from council member Maniscalco. All in favor, say aye. Opposed. Aye have it unanimously.

Lynn Hurtak

02:40:15PM One point of privilege. Yesterday was my husband's birthday.

Alan Clendenin

02:40:19PM Happy birthday to you.

Lynn Hurtak

02:40:21PM Oh, my gosh. He will love you for that.

Alan Clendenin

02:40:26PM Married a much younger man.

Lynn Hurtak

02:40:30PM Much longer.

Alan Clendenin

02:40:32PM Council member Maniscalco.

Guido Maniscalco

02:40:33PM I have nothing.

Alan Clendenin

02:40:35PM You are my favorite councilman today.

Charlie Miranda

02:40:39PM Remember that song "I have nothing." Sad things, one of the leaders in the homeowner association, an energy represented. Margaret vizzi passed away Wednesday, September 10. Visitation is onday 22nd of this month at 9 a.m. at Christ the king church followed by a mass At 10 a.m.. she was a wonderful woman. Very low key. When she looked at you, her eyes are saying I am telling you what I want. She was good at doing what she did. I want to honor her and a fine person and a great organization started through that you organization many with South Tampa people.

Guido Maniscalco

02:41:19PM I got involved with t.h.a.n., Margaret vizzi, Steve labore. So many people have died from the original fan group, but now we have a new generation taking it on. Mrs. Vizzi, Marty will tell you. She is a big deal.

Bill Carlson

02:41:38PM She was probably the most powerful neighborhood leader I have seen in my career.

Charlie Miranda

02:41:43PM Did it with a kindness. When you left, you knew what she wanted wouldn't her telling you.

Alan Clendenin

02:41:49PM Difference between Stephanie poynor. Stephanie, I didn't say that.

Charlie Miranda

02:41:56PM I didn't say that at all. I am the same way she was. Get mad.

Bill Carlson

02:42:01PM Even if she wasn't in the neighborhood, would call her to make things were on her side.

Charlie Miranda

02:42:09PM No internet, no nothing. And they made an effort to do what they had to do. Secondly, I would like to make a motion for chuck garden -- head of Tampa Bay Water to make a presentation before council, if possible, December 18 provide an overview of major initiative that they are working on.

Bill Carlson

02:42:24PM Sorry, can you limit it to ten minutes please.

Charlie Miranda

02:42:28PM Pardon.

Bill Carlson

02:42:31PM Limit it to ten minutes.

Lynn Hurtak

02:42:34PM Now we have three.

Alan Clendenin

02:42:35PM A motion from council member Miranda. Second from council member Maniscalco. All in favor, say aye. Opposed. Carries unanimously.

Charlie Miranda

02:42:45PM Somebody from Parks Department. A change in the leadership there. And made arrangement with individuals of park and the previous administrator of Parks and Recreation. If them come up some time -- give me a date to talk about henry ola and the update and changes at the park.

Guido Maniscalco

02:43:04PM To be determined.

Alan Clendenin

02:43:06PM To be determined.

Charlie Miranda

02:43:08PM Give me any date you want.

Alan Clendenin

02:43:10PM Pick a date. We have our date specialist, our chair pro tem. Keeper of dates.

Martin Shelby

02:43:16PM Enough time for notice for them.

Lynn Hurtak

02:43:18PM November 6.

Charlie Miranda

02:43:21PM November 6 of fine ordinance Maniscalco I will second that.

Alan Clendenin

02:43:24PM Parks, November 6. Motion from council member Miranda. Seconded from council member Maniscalco. All in favor, say aye. Opposed. Ayes have it.

Guido Maniscalco

02:43:34PM I want to give my condolences to martha vila because her sister passed at 88. We know she loves City Council and with the vila brothers.

Alan Clendenin

02:43:48PM Martha, if you were listening, we are thinking about you.

Guido Maniscalco

02:43:51PM Move to receive and file.

Alan Clendenin

02:43:54PM Mr. Shelby.

Martin Shelby

02:43:56PM Excuse me, do you have anything, Mr. Chairman?

Alan Clendenin

02:43:58PM I do not.

Martin Shelby

02:43:59PM I want to direct your attention to the -- to the ordinance that has been passed on second reading regarding the charter review. It turns out that on October 8, what is coming to council is only a written staff report and reads as follows, administration to submit their list of recommended changes of the charter. And I would perhaps suggests we would add another written staff report, perhaps by me, to talk about next steps with regard to what kind of steps council Will need to take to get this up and running through a resolution.

Alan Clendenin

02:44:37PM Councilwoman Hurtak.

Lynn Hurtak

02:44:39PM October 23, we have a scheduled discussion regarding the goals and objectives and scope of the charts review commission. We did set up the written report on the 9th so we could talk about it on the 23rd. And I think that will be the perfect place for next steps.

Martin Shelby

02:45:02PM That is wonderful.

Alan Clendenin

02:45:04PM That be business is done. We anticipated it and fix it --

Lynn Hurtak

02:45:08PM Just didn't remember.

Martin Shelby

02:45:10PM Thank you for put me on the same page as City Council.

Lynn Hurtak

02:45:14PM If we -- if we didn't have our calendar keeper, with would we be.

Alan Clendenin

02:45:19PM Keeper of the dates and calendars.

Guido Maniscalco

02:45:22PM Motion to receive and file Clendenin motion to receive and file from council member Maniscalco. Seconded from council member Carlson. All in favor, say aye. Opposed? Ayes have it. We are adjourned. Disclaimer: this file represents an unedited version of realtime captioning which should neither be relied upon for complete accuracy nor used as a verbatim transcript. Any person who needs a verbatim transcript of the proceedings may need to hire a court reporter. ▶ meeting video the information contained in these pages represents an unedited version of realtime captioning which should neither be relied upon for complete accuracy nor used as a verbatim transcript. Persons requiring a verbatim transcript may need to hire a court reporter. © - City of Tampa (813) 274-8211