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From YouTube: TCC Pt. 2 6/15/23
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A
A
A
A
A
C
Thank
you
very
much.
Mr
chairman
and
I
appreciate
you
and
and
your
aid
for
all
y'all's
work
today
and
everybody
I
wanted
to
thank
everybody.
Chief
Tripp,
the
the
consultant
who
is
here
Mr
stocko
with
754
and
whatnot.
C
So
the
the
bottom
line
is
this
and
and
I'll
I'll
I
could
go
along
I'm,
not
but
we've
been
pushing
for
this
for
three
years
and
I
think
you've
got
to
know
what
in
in
my
mind,
I'll
speak
on
behalf
of
myself.
Obviously,
the
public
safety
master
plan
is
I
could
go
through
the
Litany
of
motions
that
have
been
made
on
this
over
three
years,
including
when
the
administration
supported
it
in
their
budget.
I
think
it
was
in
2021
in
their
budget
presentation.
C
If
I
recall
after
hearing
the
Fitch
report,
there's
a
couple
things
that
I
want
to
highlight
that
the
public
safety
master
plan
is
not
the
public
safety
master
plan
is
to
highlight
and
identify
our
deficits
whenever
it
comes
to
Public
Safety
in
both
police
and
fire,
then
identify
how
much
it's
going
to
cost
to
remedy
those
deficits.
The
public
safety
master
plan
should
not,
in
my
opinion,
deal
with
conclusions,
which
is
what
I
saw
in
the
Fitch
report.
C
C
We
need
a
public
safety
master
plan
that
is
I
mean
and
I
I.
It's
funny.
I
was
reviewing
the
parks
master
plan
which
I
brought
up
here.
It's
about
350
Pages,
it's
very
very
thick.
It
has
a
lot
of
information,
identifies
with
specificity
throughout
all
of
the
city
of
Tampa,
the
parks
that
need
Improvement.
It
has
the
the
monetary
amount
to
get
there,
and
then
it
leaves
it
up
to
public
policy
makers.
The
mayor
of
the
city
of
Tampa,
Tampa,
City,
Council
Etc,
in
terms
of
how
to
remedy
that.
C
So
for
me,
what
we
really
need
for
the
public
safety
master
plan
is
just
a
couple
of
things,
which
is
we.
We
have
the
Fitch
report,
whatever
you
want
to
call
it
from
numbers,
what
2019
2020,
or
so
we
that
that's
almost
four
years
ago
we
had
a
different
president.
A
lot
of
things
were
different
back
then
that's
all
years
ago.
C
So
in
my
opinion,
we
need
a
plan
that,
with
an
updated
consultant
that
is
approved
by
this
Tampa
City
Council
councilman
Carlson
was
right
in
that
regard,
that
it
was
just
under
a
hundred
thousand
dollars.
I
think
it
was
councilman
Goods.
C
If
memory
serves
me
right,
then
identified
that
at
the
city
council
meeting,
maybe
six
months
ago,
with
updated
numbers
for
that
for
police
and
fire
and
I
think
that
all
we
need
from
the
administration
is
a
yes
or
a
no
on
this
on
whether
or
not
we're
going
to
be
going
forward
with
this
I
I
can
make
a
motion
on
that
at
the
end
and
whatnot.
But
but
again
we
need
to
have
a
good
discussion
are
where
are?
C
Deficits
are
I
I,
look
throughout
all
of
our
city
of
Tampa
and
and
this
has
already
been
discussed,
North
and
New
Tampa
again
when
the
the
discussion
is
made
about.
Oh,
we
don't
need
a
whole
lot
of
new
fire
stations.
Well,
you
know,
there's
already
been
a
stipulation
discussion
on
North
Tampa.
You
see
a
lot
of
different
challenges
in
New
Tampa
with
response
times,
Channel
side
and
downtown.
C
When
you
see
the
difference
between
today
and
20
years
ago,
and
you
still
have
only
one
fire
station,
there
I'm
not
an
expert-
that's
for
darn
sure
I
defer
to
experts
in
that
regard,
but
obviously
I
think
that
we
need
a
fire
station
there.
You
continue
to
see
growth
in
in
West.
Tampa
Westshore
south
of
Gandhi
continue
challenges
in
East
Tampa
in
Sulfur
Springs.
C
You
know
we
need
to
have
a
public
safety
master
plan
that
is
updated
with
updated
numbers
with
an
updated
consultant
that
is
approved
by
this
Tampa
City
Council,
so
that
we
can
get
those
numbers.
I
would
also-
and
I
proposed
this
some
years
ago,
having
as
a
goal
taking
a
look
at
our
city
of
Tampa
budget
and
until
we
are
up
to
the
level
where
we
need
to
be
with
our
fire
stations
right
one
year
have
a
design
for
a
fire
station
next
year,
fund,
construction
and
onward
and
forward.
C
C
We
just
got
to
do
it,
but
we
can't
do
it
in
the
right
way
until
we
know
the
full
amount
of
our
deficits
and
to
do
that,
we
need
an
updated
Public,
Safety
master
plan
with
a
proper
consultant
that
uses
proper,
updated
numbers,
and
that's
the
thing
that
I
found
most
lacking
in
in
this
regard.
So
so
I'll
I'll
make
a
motion.
I
don't
want
to
start
up
motion
time
or
whatever
at
the
end,
on
that,
if
I
may,
but
just
my
thoughts
on
that.
But
again,
I
really
appreciate
everybody's
work.
C
They
put
into
this
and
what
not
and
thank
you
Mr
chairman
and
everybody
thank.
D
Yeah
I
think
I
would
like
to
appreciate
everybody
that
that
did
the
presentations
this
morning
and
and
I
think
this
is
a
really
you
know
it's
not
necessarily
something.
That's
thank
goodness.
It's
not
something.
That's
made
the
front
page
of
papers
because
you
know
we're
plowing
along,
but
you
know
it's
it's
one
of
those
potential
when
we're
dealing
with
Public
Safety,
it's
really
important
to
the
citizens
and
the
businesses
that
want
to
move
here
that
are
currently
business
and
want
to
move
here.
D
D
A
letter
that
I'd
received
from
the
president
of
the
Tampa
firefighters
concerning
the
Consultant
Group,
Fitch
and
Associates
that
the
iaff,
the
International
Association
of
firefighters,
had
declared
that
that
company
was
basically
an
anti-union
company
and
I
wanted
to
be
able
to
understand
that
and
recognize
that
so
that
that's
that's
been
submitted.
I
I
have
I
Echo,
but
councilman
Vera
said
about
the
data.
D
You
know
data
is
important
and
when
we're
talking
about
the
kind
of
numbers
that
we're
talking
about
the
growth
of
this
city
and
where
we're
at
with
with
our
fire,
we
when
we're
making
these
app
these
decisions,
we
need
to
be
based
in
it
on
facts
and
not
opinions.
I
don't
want
to
draw
opinions
about
where
we
need
fire
stations.
D
D
When
you
talk
about
construction
help,
you
bring
people
into
construction
of
a
firefighter,
but
you
know
it's
not
just
about
picking
up
painkillers.
It's
about
the
operation,
it's
about
the
people
that
know
the
people
that
are
doing
the
job,
know
their
job
and
know
how
to
do
their
job
and
we
should
be
Consulting
them.
Thank
you.
E
E
We're
asking
these
people
to
be
in
Peak
Physical
shape
and
then
we're
giving
them
mold
to
breathe.
And
that's
that's.
You
know
I
I,
don't
want
to
lay
blame
anywhere
because
a
lot
of
again
this
happened.
A
lot
of
this
happened
over
years
before
any
of
us
were
here,
but
we
have
the
ability
to
fix
this
while
we're
looking
for
data,
so
I'm
expecting
to
see
that
I
think
that's
something
that
we
could
reasonably
do
in
this
next
budget
to
focus
on
fixing
those
types
of
things.
E
E
Data
but
I
think
the
frustration
from
Council
is
we
didn't
get
that
report
or
data
that
some
improvements
were
being
made
up
made
from
so
I
think
that
was
a
huge,
well
I
know
again:
I've
only
been
here
for
a
year,
but
I
know,
council
members
before
me,
I've
talked
about
the
fact
that
that
report
wasn't
available
for
us
to
understand
why
these
changes
were
made,
and
now
that
I
see
the
changes
and
matching
the
fish
report,
it
makes
perfect
sense
and
I
think
those
are
very
reasonable,
good
changes
that
were
made
with
the
money
we
had
and
with
the
time
we
had
I
I
I
again
I
think
everything
went
along
the
right
lines.
E
I
would
have
just
liked
to
have
that
report
to
see
along
with
you
how
that
movement's
gone.
The
expansion
of
fire
stations,
this
kind
of
goes
along
with
the
fixing
of
the
fire
stations.
E
I
do
ride-alongs
with
fire
rescue.
Those
places
are
tiny,
they're,
tiny,
there's
not
enough
room
for
what
they
already
have.
There's
not
enough
room
to
add
a
another
rescue
car,
there's,
not
enough
room
to
add
more
equipment
or
or
and
in
some
cases
I
know
in
station,
one
they're
trying
you're
trying
to
add
more
bedding
and
things
of
beds
to
kind
of
kind
of
fit
people
in
where
we
can,
but
there's
only
so
much
more
growth
we
can
do,
and
so
we
look
at,
do
we
grow?
E
Is
that
cheaper
than
just
building
another
one
close
by
I
mean
there's
a
lot
of
different
things
we
can
look
at,
but
I
don't
know
that
rehabbing
a
fire
station
is
something
that
anybody
wants
to
do
so.
I,
don't
see
that
the
citizen
to
fire
ratio
I
again,
I
love
data
data
is
a
thing
I
love,
but
we
cannot
look
at
that
because,
as
as
Mr
Sako
said,
3
30
a.m
is
wildly
different
than
3
30
p.m,
and
3
30
p.m.
E
Ems
is
responding
to
people
and
I.
Just
don't
think.
There's
a
good
balance
there
to
understand
how
many
people
are
here.
I,
don't
know
how
much
we
increase
that
by
I.
Don't
know
if
we
have,
if
maybe
Economic
Development,
if,
if
people
in
that
sphere
know
the
the
the
ability
for
how
many
people
are
in
this
city
and
at
any
given
time,
so
that's
that's
a
concern
for
me
and
that's
that's
where
else
councilman.
F
I
just
want
to
to
all
the
folks
in
red
shirts
that
have
been
waiting
and
some
not
in
red
shirts
who've
been
waiting
all
day.
I
just
want
to
thank
you
for
your
service
and
tell
you
we're
100
behind
you.
I
haven't
told
many
people
a
story
yet,
but
you
know
we
luckily
folks,
don't
most
folks,
don't
know
anything
about
these
numbers
because
they
everybody
feels
protected.
But
when
you
need
one
of
you
all
to
come,
save
you
that's.
When
the
you
feel
incredibly
vulnerable.
F
85
was
driving
in
another
town
and
he
was
in
a
horrific
car
accident
where
he
completely
totaled
his
truck,
and
we
only
found
out
hours
later
from
the
hospital
that
called
us,
but
the
the
police
officers
and
paramedics
apparently
showed
up
at
the
scene
extracted
him
from
the
vehicle,
helped
save
his
life
on
the
scene
and
then
helicoptered
him
over
to
a
trauma
center
and
and
and
so
I
say
that
only
because
you
know
two
days
ago,
I
have
an
experience
where
folks,
like
you
in
another
town,
saved
my
father's
life
and
so
I
just
want
to.
F
F
You
I've,
been
to
your
fire
stations
also
and
I've,
seen
the
the
soot
all
over
things,
I
smelled,
the
fumes
in
the
in
the
common
areas,
I've
seen
the
the
the
conditions
under
which
you
try
to
sleep
senior
equipment
covered
with
the
the
black
stuff
we
saw
on
the
in
the
filters,
and
there
are
a
lot
of
issues
that
we
need
to
resolve,
and
so
I
want
to.
Let
you
know
I'm
100
behind
you
all.
F
We
need
to
find
Solutions
I'm
appreciative
of
the
data
we
have
now,
although,
as
my
colleagues
have
said,
we
need
to
look
at
all
different
kinds
of
data
and
we
need
to
put
the
expertise
of
of
the
the
Union
in
Joe
Greco,
who
was
here
earlier.
He
was
speaking
in
public
comment.
F
If
he
was
here,
I
would
I
would
love
to
ask
him
what
the
difference
was
between
the
plan
he
presented
three
years
ago
and
the
one
we
saw
today
and
with
the
the
point
is
that
somebody
was
in
Nick's
position
a
couple
years
ago
did
his
own
plan,
and
so
we
have
expertise
internally,
don't
forget,
as
we
go
through
the
numbers,
there's
anecdotal
stuff,
also
that
we
know
south
of
Gandhi.
We
desperately
need
more
help.
F
One
of
the
stations
near
my
house
is
also
a
marine
unit
and
we
need
to
resolve
those
issues.
Whatever
the
numbers
say
you
can't
you
can't
respond
to
people
in
houses
when
you're
on
a
boat
and
and
I
think
there's
some
issues
around
that.
F
As
I
said
earlier,
we
need
to
look
at
the
the
quality
of
the
stations
and
and
really
go
through
the
data.
What
I
would
what
I
would?
What
I
would
suggest
and
I
know?
Council
member
of
year
is
going
to
say
something
about
proposal
going
forward
and
I
appreciate
him
pushing
for
this
for
so
many
years.
But
what
I
would
suggest
is
instead
of
a
consultant,
we
get
a
facilitator.
F
A
facilitator
will
gather
the
information
of
and
not
Bloomberg,
please
just
so
I
don't
get
complaints
from
constituents,
but
what
I
would
suggest
is
that
is
that
a
facilitator
can
get
the
data
from
the
the
union
and
other
folks
out
there.
That
can
look
at
what
Fitch
did
and
they
can
facilitate
some
meetings
among
you
all.
We
can
be
invited
to
some
of
them.
F
Of
course
the
Mayors
always
would
be
involved,
but
if
we
have
a
facilitation
of
bringing
all
the
data
together,
then
from
that
we
should
be
able
to
create
a
robust
plan
in
the
form
that
that
that
we
just
showed
from
the
parks
department-
and
it
looks
like
Nick-
wants
to
say
something
but
be
as
he
as
he
comes
up
and
tells
me
whatever
I
forgot
to
say.
F
I
will
say
one
thing,
Nick
said
something
earlier
that
wasn't
true:
he
he
said
that
that
firefighters
don't
get
to
have
lunch
and
I
just
want
to
say
that
one
of
the
best
lunches
I
ever
had
was
when
the
firefighters
fixed
lunch
for
me,
and
it
was
probably
also
one
of
the
healthiest
lunches
I
ever
had
they.
They
make
really
good
meals
at
the
fire
stations.
G
I
appreciate
that
I
heard
it
a
couple
times
and
I
didn't
want
to
interrupt
anybody.
So
thank
you
for
calling
on
me,
but
this
is
a
GIS
study.
It's
done
by
the
international
it's
for
free.
It
doesn't
use
taxpayer
dollars.
This
is
133
Pages.
It
even
breaks
down
longitude
and
latitude
where
a
station
needs
to
be
I
could
tell
you
a
proposed
station.
North
coordinate,
28.033,
West,
coordinate
82.4512.
G
We
have
it,
it
was
it
used.
This
is
from
2019
in
the
international
just
recently
offered
out
of
the
kindness
of
their
their
organization
to
do
another
one
for
us,
I
just
need
the
information.
I've
asked
the
information
through
public
records,
request
and
I'm
having
a
lot
of
difficulties
through
the
public
records
request
Department.
But
this
is
free.
We
don't
have
to
use
taxpayers
dollars.
All
we
have
to
do
is
take
the
information
from
this
and
use
it.
This
is
city
data.
The
union
doesn't
come
up
with
this
data.
F
Yeah
again,
if
we
just
get
a
facilitator
and
I've
done
this
in
the
past,
with
other
organizations
like
USF,
but
you
bring
everybody
together,
get
the
data
and
put
it
in
a
in
a
format
like
councilman
Viera
presented.
It
sounds
like
we
have
it.
We
just
need
to
build
consensus
about
what
to
do,
and
what
I'm
really
interested
in
is
the
timeline
similar
to
the
one.
That's
in
the
Parks
plan.
G
The
rescue
in
Ybor
City
yesterday
ran
18
calls
that's
good
data.
It's
from
yesterday,
the
rescue
in
West
Tampa
yesterday
we're
in
19
calls.
This
is
June
14
2023..
This
is
just
yesterday.
I
didn't
go
back
and
try
to
search
for
the
busiest
day.
This
is
yesterday.
So
the
this
is
yesterday's
data.
So
the
data
is
there.
We
just
need
to
obtain.
H
You
Mr
chairman,
you
know
if
you
look
back
in
history,
give
an
example
station
one
I'm
sure
you
know
what
was
that
before
it
became
where
it's
at
now
with
a
museum
is
that
that
was
station.
One
right,
I
believe
it
was
yes.
G
H
It
was
built,
I
forget
when
and
then
the
museum
folk
came
in
and
did
a
wonderful
job
in
restoring
the
old
station
one.
So
what
I'm
saying
by
that
statement
is
everything
changes
and
everything
Remains
the
Same?
We
need
a
new
station,
we
got
it
now
we're
now
in
2023,
and
it's
still
the
same
that
it
was
when
that
was
happening.
H
There's
a
always
a
growth
area
in
some
cities,
so
we're
lucky
really
that
you're
in
a
growth
area,
because
if
not,
we
wouldn't
be
talking
today
about
anything,
it
would
be
the
city
of
Tampa
status
quo
and
nobody
came
in
and
they
lived
here
for
a
while.
They
left
the
college,
they
never
came
back
and
they
got
married
had
kids
somewhere
else.
But
that's
not
the
case
anymore.
H
I
believe
that
the
city
is
one
or
has
been
one
of
the
fastest
growing
cities
and
ranked
one
and
two
in
most
categories
in
livability
and
things
of
that
nature,
whether
I
believe
it
or
not.
That's
what
it
says
and
when
you
look
at
yesterday
and
today
and
tomorrow,
the
federal
the
debtor
that
we
got
was
yesterday
which
led
us
to
today
now
today
we
need
the
data
for
tomorrow
and
the
only
way
you're
going
to
get
that
is
by
somehow
either
getting
facilitator
or
getting
an
outside
consultant
to
do.
H
The
work
makes
no
differences,
six
or
one
half
a
dozen
of
another,
but
I
believe
that
I've
heard
elected
officials
speak
about
2040,
and
this
is
the
city.
Population
is
going
to
double
by
2040..
So
what
we
do
today
reflects
tomorrow,
but
then
tomorrow
reflects
another
era
that
we've
got
to
go
into
the
2040s
in
the
Dallas.
True
that
I
heard.
So
these
are
the
things
that
you
have
to
look
at.
H
Both
sides
have
to
come
together
and
understand
the
need
of
elected
officials,
the
need
of
the
public
that
we
serve
and
when
you
look
at
the
Public's
need
yeah,
there's
a
lot
of
them,
but
the
first
two
they
always
ask
about
is
fired
police
or
police
and
fire
either
way.
And
then
they
look
at
parks.
Then
they
look
at
livability
and
look
at
crime
rates
and
everything
else.
So
we've
been
lucky
that
we've
had
some
growth
we've
been
lucky
that
we've
had
development
in
downtown.
H
H
So
these
are
the
things
that
you're
looking
at,
and
we
have
to
understand
that
reality
is
what
it
is
today,
not
what
it
was
yesterday
and
I'm
willing
to
understand
the
fact
what
is
compiled,
no
matter
who
does
the
study
or
who
does
the
facilitation
to
understand
what
we
we
have
to
serve
our
citizens
to
a
best
of
our
ability
and
I,
appreciate
both
sides
coming
here
and
saying
what
they
have
from
where
they
got
at
the
pitch
report
and
yourself
from
your
records
that
you
have
and
you're
very
appreciative
of
you
doing
this
so
there's
where
we're
at
and
I
think
that
this
Council,
knowing
I,
think
how
they
think
I
think
we're
going
to
go
forward
and
do
the
right
thing
to
make
Tampa
a
number
one
again
and
facilitating
the
public
needs
a
necessity.
D
Yeah
I
think
one
thing
that
we
we're
leaving
out
in
this
discussion
is
is
how
you
know
I
think
we
everyone
up
here
I
think
agrees
that
we
have
infrastructure
issues
and
we-
and
you
know
we
came
out
of
the
Great
Recession
and
and
kept
digging
ourselves
out.
So
we
we
continue
to
have
problems.
We
have.
We
have
some
a
lot
of
great
needs
so
that
have
to
be
met
and
I.
Think
the
expectation
of
the
citizens
of
Tampa
is
that
those
needs
are
met.
D
In
fact,
next
thing
is:
how
do
we
pay
for
these
things
because
we
have
a
police
station
that
needs
to
be
replaced?
I
mean
urgent
and
all
these
fire
stations
clearly
I
mean
what
we
saw
in
some
of
those
pictures.
I
mean,
obviously
what
we've
got
some
great
needs
and
infrastructure
issues.
We
probably
do
need
to
build
a
station
or
two
so
I
think
I'd
like
to
see
the
administration
come
back
and
and
talk
about
what
are
the
you
know,
proposals
to
paying
for
these
things.
I
know
within
the
current
constraints
of
the
budget.
D
D
These
needs
and
we
need
to
have
it
open
and
I
know
some
of
those
are
not
politically
popular,
but
we
need
to
have
an
open,
honest
conversation,
that
if
people
expect
that
they
call
9-1-1
because
they're
grasping
their
chest,
that
they
should
have
a
a
EMS
there
within
x
amount
of
time
it's
going
to
cost
money
or
if
they,
if
they
call
9-1-1,
because
somebody's
breaking
into
their
house
and
the
police,
they
want
the
police
there
it's
going
to
cost
money.
So
we
have
a.
D
We
have
a
deficit
of
Public
Safety
resources
right
now
in
the
city
of
Tampa.
We
need
to
come
up
with
a
way
to
to
to
cure
that
deficit
and
make
sure
that
we're
ready
for
that
2040
growth.
B
There,
as
was
mentioned,
we
have
a
whole
new
city
growing.
Here
we
have
channel
the
channel
District,
we
have
Water
Street,
we
have
Gas
Works
coming,
the
population
is
growing,
but
we
have
one
fire
station
and
then
we
have
right
down
the
street
on
Kennedy
and
then
but
servicing
other
areas.
We
know
our
needs.
At
least
we
should
tackle
the
most
crucial
I
know
that
under
the
Friedman
Administration
I
think
the
millage
was
increased
slightly
to
hire
more
police
officers,
so
millage
increases
have
been
considered
in
the
past
for
Public
Safety.
B
We
need
to
as
council
member
clendenna
mentioned.
Perhaps
look
at
Public
Safety
impact
fees
during
the
campaign
that
came
up
as
a
conversation
because
we're
looking
at
well,
the
the
administration
doesn't
have
the
money
to
fund
it,
but
we
have
these
needs
where
you
know
when
seconds
count,
you
know
help
is
minutes
away,
maybe
too
many
minutes
away.
But,
as
you
mentioned,
you
know
from
the
from
the
report
that
you
just
had.
In
your
hand,
that
was
free.
That
was,
the
data.
Is
there
we
can
look
at
that.
B
B
We
we
don't
need
to
study
for
that,
because
we
see
the
population
growth.
We
see
the
housing
crisis.
We
see
that
there's
more
people
coming
here
and
I
think
we
need
to
look
at
creative
ways
in
this
budget
and
in
future
budgets
how
we
fund
these
fire
stations.
They'll,
say
land
is
not
available
down
here.
Maybe
we
need
to
lease
a
piece
of
property,
maybe
whatever
it
takes,
that
we
can
build
the
other
fire
station.
B
Now
we
can
meet
the
needs
at
least
start
somewhere,
because
we've
been
talking
about
this
for
years,
Captain
Greco
before
his
retirement.
He
brought
this
up
the
conversation.
Will
he
called
me
one
night
I,
remember
exactly
where
I
was
at
probably
had
me
on
the
phone
for
an
hour,
and
that
was
in
2000
and
we're
still
talking,
but
we're
not
doing
so.
Yes,.
H
Sir
one
other
thing
and
not
to
mention
bad
news
is
good
news,
but
is
this?
We
don't
have
one
more
bite
at
the
CIT
tax
and
if
you
think
we
got
problems
now
in
any
in
any
division,
all
the
equipment
that
we
buy
now
most
of
it.
A
lot
of
it's
come
from
that
tid
tax
and
that
ends
in
2026
and
27
you'll
get
any
more.
That's
the
last
one.
We
have
and
that's
a
30-year
bond
that
was
put
back
in
September
6
of
1996..
H
So
those
are
the
things
that
you
need
to
look
at
that
there's
a
lot
of
things
that
you're
going
to
need,
you're,
going
to
need
not
only
the
equipment
that
you
need,
but
you're
going
to
need
new
equipment,
because
the
equipment
more
likely
is
about
worn
out.
That's
another
issue.
We
have
not
only
your
Division
and
the
fire
department,
but
same
thing
with
automobiles,
the
cars
that
we
have
and
then
you
have
the
new
ones
that
are
coming
out,
they're
all
electric.
H
J
Yes,
I'm
not
sure
if
you
know
I
didn't
have
time
to
do
a
deep
dive
into
Fitch
and
Associates
to
determine
if
they
are
legitimate
or
anti-union.
Nick
I
know
that
you
did
present
that,
but
you
know
I
don't
have
any
way
of
knowing
that
at
this
moment,
when
I'm
presenting
or
if
even
the
gis
report
is
available
and
provides
the
same
type
of
data
that
Fitch
does,
but
what
I
do
know
in
terms
of
just
being
a
union
member
myself
is
that
you,
you
know
the
strengths,
the
weaknesses,
opportunities
and
threats.
J
So,
when
you're
presenting
the
worst
of
you
know
the
air
ducts
that
look
horrible
or
whatever
you
know
what's
good
about
the
fire
station,
and
you
know
the
threats
opportunities
you
know
all
of
it,
and
so
when
you're
presenting
the
areas
of
priority
is
what
I
would
want
to
hear.
You
know
when
you
come
to
the
Des
in
terms
of
the
number
of
fire
stations
how
you
presented
all
of
them,
but
at
least
the
top
five
that
we
need
support
with
right
now
is
the
Earth
is
urgent
that
we
do
that.
J
The
also
the
report
focused
on
resources
and
I
do
believe
that,
but
I
also
believe
that
we
need
fire
stations
because
Tampa's
growing
and
we
don't
necessarily
have
to
pay
somebody
a
hundred
thousand
dollars
to
know
that
what
I
would
recommend
is
a
conversation
between
Administration
and
the
Union
to
outline
exactly
what
the
priority
should
be
from
the
perspective
of
the
members
as
well
as
the
union,
so
that
it
is
a
a
picture
that
you
all
are
aware
of
before
you
even
come
here.
J
You
know
to
dispute
one
another
and
what
the
data
is
saying.
That's
given
to
us
by
someone
else,
The
Outsider,
which
would
be
Fitch
in
this
case.
So
anyway
I
you
know,
I
am
in
full
support
of
unions
and
what
they
need
and
because
you're
down
in
the
trenches
every
single
day.
Your
the
other
thing
that
you
talked
about
was
you
know
there
was
no
need.
There
was
no
mention
of
addressing
mental
health
and
wellness
and
we're
in
the
service
industry
as
teachers
and
firemen
and
police
officers.
J
Absolutely
that
should
be
a
priority
and
needs
to
be
a
part
of
the
the
budget
in
a
very
real
way.
Other
than
that,
you
know,
that's
all
I'm
going
to
say
thank
you
both
for
chitra
for
your
report
as
well
as
yours,
Nick
and
we'll
wrap
it
up
with.
F
Thank
you.
Thank
you
just
to
talk
about
the
funding
for
a
second
that
we
haven't
studied
fully
the
issue
of
or
the
the
possibility
of
a
public
safety
impact
fee.
So
I
don't
have
an
opinion
on
that.
Yet,
but
I'm
against
raising
avalorum
tax.
In
fact,
I
think
we
should
do
a
slight
roll
back.
Those
numbers
have
been
growing
exponentially.
F
The
problem
is
that
they're
as
small
as
presented
they're
a
small
percentage
of
the
overall
budget,
but
the
last
Administration
did
raise
Avalon
tax
much
more
than
anybody
wanted
to,
and
the
real
question
is
what's
being
done
with
the
money
we
know,
I
haven't
added
it
all
up,
but
probably
25
million
or
so
has
been
wasted
on
the
toilet
to
tap
project
over
the
last
four
years.
F
Somebody's
going
to
say:
yes,
that's
an
Enterprise
fund,
but
it
is
still
money
that
would
that
the
taxpayers
rate
payers
are
paying
that
was
wasted
that
could
have
been
somewhere
else.
I
spent
a
lot
of
time
talking
about
contract
Administration
this
morning
the
Han
Avenue
project
was
not
put
out
for
bid.
If
we
had
saved
10
percent,
it
would
have
it
would.
That
would
be
more
than
10
million
dollars
if,
if
a
firefighter,
we
heard
police
officers
or
a
hundred
thousand
dollars
each.
F
So
what's
that
a
hundred
police
officers
or
firefighters
that
we
might
be
able
to
hire
by
putting
something
out
for
bid?
That's
why
I
spent
so
much
time
talking
about
contract
Administration
this
morning,
I!
Don't
like
the
process.
The
public
doesn't
like
the
process.
I
think
we're
wasting
a
lot
of
money
in
there
and
that's
the
bulk
of
the
stuff
that
we're
buying.
We
need
to
have
sharp
pencils
on
that
money
to
make
sure
we're
not
we're
not
wasting
money
in
it.
F
The
the
other
thing
is
Fair
Oaks,
Community
Center
and
by
the
way
somebody
on
staff
is
calling
people
in
East
Tampa,
saying
I'm
at
Carlson's
against
Fair
Oaks
no
I
was
with
Goods.
I
was
one
of
the
first
people
to
advocate
for
spending
money
at
Fair,
Oaks
Community
Center,
but
when
the
price
suddenly
goes
from
5
million
to
18
million
and
then
jumps
up
to
41
million
without
Council
approval,
that's
concerning
and
part
of
it
is
process.
Part
of
it
is
trying
to
figure
out
where
the
best
use
of
the
money
is.
F
Also,
the
cras,
as
I've
said
before
the
downtown
crn
Channel
districts
here-
are
trapping
25
or
so
million
dollars
a
year
and
I've
tried
several
times
to
move
it
out,
I'm
going
to
be
making
a
motion
again
later
this
year.
If
we
move
5
million
a
year
out
of
those
cras
that
could
go
to
a
Public
Safety
fund
and
we
wouldn't
have
to
re
increase
taxes
right
now.
F
It's
being
spent
on
things
that
are
nice
to
have
not
things
that
we
need
also
when
the
budget
was
presented
a
couple
weeks
ago,
if
I
remember
correctly
and
sorry
if
I
don't
get
the
numbers
exactly
right,
but
the
water
department
was
up
10
million
dollars.
Surplus
and
solid
waste
was
at
a
like
8
million
dollar
loss
the
because
those
are
Enterprise
funds.
F
The
loss
has
to
come
out
of
the
general
fund,
so
that's
8
million
that
we're
losing
in
the
general
fund
and
10
million
that's
trapped
in
another
Enterprise
that
we
can't
use
and
I
tried
reducing
the
water
rate
before
I'm
going
to
try
again
sometime
soon,
but
if
we
slightly
reduce
the
water
rate
and
slightly
increase
the
solid
waste
rate
to
balance
that
out,
that's
eight
million
more
dollars.
F
We
have
in
the
general
fund
that
we
can
spend
on
police
and
fire,
so
I
just
think
we
have
to
be
really
careful
about
how
we
spend
the
money
we
need
to
go
through
carefully.
The
administration
hopefully
be
open
to
working
with
us
on
saving
money
we
have
to
knowing
that
we
have
750
million.
We
need
to
spend
on
Parks
and
we
don't
know
what
the
dollar
amount
yet
is
for
police
and
fire.
F
I
hope
that
we
can
build
some
consensus
about
sharpening
the
pencil
and
saving
money
and,
more
importantly,
I,
don't
ever
want
to
see
another
99
995
dollar
contract.
Again
that
looks
I,
don't
know
whose
idea
it
was,
but
it
looks
like
it's
circumventing
the
public
and
the
and
the
city
council.
Please
everybody
remember:
City
Council
half
this
government
this.
Unlike
the
federal
government,
we
only
have
two
branches
and
city
council
is
half
of
it
and
we
report
directly
the
people
we
need
to
be
included.
The
public
needs
to
be
included.
C
So
my
motion
as
follows,
and
this
and
this
would
be
mind
you
for
a
written
report-
I
I,
don't
think
we
need
to
be
here
for
a
long
discussion
on
this
in
August,
but
I
make
it
in
for
the
first
week
of
August
the
administration
to
come
back
on
their
position
on
number
one:
an
updated
consultant
or
facilitator
I'm
fine
with
whatever
and
if
Council
wishes
to
do
facilitators
was
a
consultant
or
some
other
term,
I'm
fine
with
that
to
to
work
with
city,
city,
council
and
Local
754
and,
of
course,
Tampa
Fire
Rescue
for
the
public
safety
master
plan
to
include
updated
numbers
from
2023.
C
That's
that's
number
one
which
is
updated,
numbers,
updated,
consultant
and
or
facilitator
that
is
chosen
in
working
with
Local
754,
something
that's
very,
very
important
certain.
So
that's
that's
the
first
part
of
it.
The
second
part
of
it
is
councilman.
Clinton
brings
up
an
interesting
point
with
regards
to
revenue,
I.
Obviously,
I
don't
want
this
Council
to
take
a
position
on
that
now.
C
I
wouldn't
ask
that
we
have
a
diversity
of
opinions
on
that,
but
it
is
for
and
if
the
administration
needs
more
time
on
this,
that's
fine
bid
is
to
identify
for
our
choice,
potentially
in
the
future
potential
Revenue
sources
for
Public
Safety.
It
could
be
CRA
choices
that
we
make.
It
could
be
public
impact
fees,
it
could
be
millage,
it
could
be
doing.
Lemonade
stands
every
year,
whatever.
C
It
is
what,
however,
we
can
get
money
just
for
the
administration
to
identify
that
we
were
talking
about
the
Channel
Side
CRA
at
the
CRA
Retreat,
potentially
looking
at
of
getting
funds
through
there.
So
that's
the
second
part
of
it
and
that's
it
so
I
I
can
summarize.
C
Okay,
yes,
sir,
so
so
two
reports
for
August
I
think
the
first
week
of
August
and
again,
if
they
need
more
time,
please
let
me
know.
As
always,
that's
fine-
and
this
is
again
for
a
written
report
which.
K
Is
number
one
before
you
say
that
sir
I'm
sorry
to
interrupt?
Please
just
to
know
that
you
said
the
first
meeting
in
August
is
that
August
August
3rd
August
3rd?
That's
a
regular
session
just
want
to
let
you
know
that
Council
this
certainly
was
scheduled
as
a
staff
report.
B
A
J
C
Sure
thing
my
pleasure
number
one
is
for
the
administration
to
report
on
their
position
on
working
with
Local
754
for
an
updated
Public,
Safety
master
plan
through
an
updated
facilitator
and
or
consultant
using
updated
numbers.
That's
number
one
number
two
is
oh
and
for
a
workshop
to
discuss,
so
we
can
do
it.
B
C
You
Council
and
number
two
if
I
may
Minister
chairman
is
for
the
administration
to
present,
and
this
can
be
all
all
under
the
same
item
on
potential
Revenue
sources
for
Public
Safety.
Again
we're
not
endorsing
any,
because
I
know.
Councilman
Carlson's
made
his
position
clear
on
that
I
want
to
respect
that,
but
it
could
be
CRA
which
probably
have
to
deal
with
that
in
CRA
could
be
Public
Safety
impact
fees
which
I
know
councilman
dingfelder
brought
it
up
before.
C
K
K
B
B
F
One
thing
to
what
I
didn't
want
to
have
to
make
you
put
in
the
agenda,
but
just
if,
besides
just
agreeing
to
the
numbers,
well,
I
think
what
we
really
need
is
an
action
plan
like
what's
the
priority
like
like
in
the
Parks
plan.
What's
the
part,
what
do
we
need
to
do
and
when
how
much
yeah.
C
And
I
was
it's
funny:
I
was
going
to
get
into
that.
I
didn't
want
to
go
further,
but
so
let
me
amend
my
motion
if
I
may
to
include
a
summary
on
the
action
plan
on
fire
stations
again
I
proposed
some
time
ago
that
we
look
at
our
budgets
one
year
doing
a
design
next
year
doing
construction
every
single
year
until
we
Remedy
Our
fire
station
deficit
in
the
city
of
Tampa.
So
so
I'll
amend
that,
and
that's
wisely
noted,
sir,
when.
C
B
B
L
M
Good
afternoon
Kamari
Pettis
Michael
from
the
city
attorney's
office
I'm
here
regarding
item
number
61,
which
is
a
review
hearing
for
sg1
23-29
for
the
property
located
at
4121,
North
Central
Avenue,
the
authorized
agent
for
this
property
is
Patrick
Thorpe
and
the
property
owner
is
Jessica.
M
Robinson
Jessica
Robinson
filed
a
request
with
staff
to
apply
for
an
extended
family
residence
staff
denied
the
request,
the
application
for
an
extended
family
residence
on
May,
2nd
of
2023
on
the
basis
that
the
application
did
not
meet
the
specific
requirements
in
code
city
of
Tampa
code,
section
27-132,
subsection
c
regarding
its
cinebenblue
residence
I've
provided
city
council,
copies
of
code
sections,
27
132,
which
are
the
specific
regulations
regarding
extended
family
residences
code,
section
27-129,
which
are
the
general
standards
code,
section
27
130,
which
are
the
conditions
and
safeguards
regarding
special
uses
and
27-61,
which
is
governs.
M
The
process
for
review
hearings
I've
also
provided
sample
motions
in
the
rules
of
procedure
for
city
council
to
use
in
order
to
conduct
this
review.
Hearing
the
standard
of
review
according
to
code,
section
27-61,
subsection
j3,
is
a
de
novo
standard
of
a
review
which
means
city
council
is
not
it's
not
limited
to
shall
not
limit
its
review
to
that
information
or
documentation
or
evidence
upon
which
the
special
use
permit
was
based.
City
council
can
accept
new
evidence
staff
is
president
Mr.
M
Cotton
is
present
to
give
an
overview
of
the
application
and
the
decision
after
city
council
hears
all
the
evidence
in
this
hearing.
City
council
can
affirm
the
the
decision
of
the
zoning
administrator
who
denied
the
requests
for
the
extended
family
residents
or
city
council
can
overturn
the
decision
of
the
zoning
administrator
and
therefore,
therefore
Grant
the
request
for
the
extended
family
residence
and
with
that
I'll
turn
it
over
to
Mr,
cotton
and.
B
O
A
continent
will
make
coordination
I'll
go
swiftly
through
my
presentation.
As
Ms
Pettis
Mackle
indicated,
the
petitioner
is
Patrick
Thorpe's
representing
Jessica
Robinson
for
property
at
4121,
North
Central.
You
can
barely
see
it
on
this.
On
the
let's
see,
I'll
blow
it
up
a
little
bit.
You
know
you
can
just
Orient
you
275
Chelsea,
and
you
can
see
the
property
on
Central
on
the
east
side
of
central.
O
This
is
a
site
plan
in
question,
so
the
basis
for
the
denial
is
code
requires
that
basically,
a
property
has
the
where
an
extended
family
is
going
to
be
located.
This
is
a
proposed
structure.
This
is
one
highlighted
in
blue
has
to
be
basically
the
required
setbacks
of
the
zoning
District.
So
in
Seminole,
Heights
Central
is
considered
the
primary
street,
so
they
need
to
have
60
feet
from
the
front
property
line
back
to
the
to
the
the
wall
of
the
structure
they're
at
56.
feed.
As
a
result,
staff
had
to
deny
the
request.
O
This
is
just
the
the
section
of
the
code.
I
believe
you
have
in
your
in
the
packet
that
you
probably
already
received
and
just
calcium,
have
any
questions
for
staff
on.
O
B
H
O
H
If
that
happened
certified
by
Zillow
or
not
Zillow,
but
by
those
where
you
bloodline,
you
follow
it.
No.
O
O
We
do
these
inspections,
we
we
do
them
via.
We
don't
do
them
in
person
anymore
this
past
year.
We
did
them
the
a
certified
letter
that
they
had
to
respond
back
and
tell
us
who
was
living
there
and
the
relationship
and
they
send
it
back
to
a
certified
mail.
D
How
could
the
plaintiff
or
the
the
the
applicant
excuse
me
the
applicants
get
this
built?
What
what
options
would
would
they
have
to
be
able
to
do
the
exact
same
thing?
What
process
would
they
have
used
if
they
wanted
to
build
within
the
setback.
O
There's
language
in
the
extended
family
resonance
language
if
they
were
just
coming
in
to
build
a
structure.
Forget
the
kitchen
forget
the
residential
aspect
of
it.
They
would
have
asked
for
a
design
exception,
which
is
an
administrative
process
to
reduce
the
setback
from
60
down
to
56.,
because
it
has
a
because
of
the
residential
aspect
of
having
it
as
an
extended
family,
residence
and
there's
those
that
plays
the
same
role
same
language
as
within
the
accessory
dwelling
unit
language.
It
can't
the
structure
can't
be
made.
Conforming
can't
be
in
a
non-conforming
structure.
O
D
O
P
So,
to
give
you
a
little
history
on
this
project,
we've
had
several
iterations
of
design
attempts
at
presenting
an
extended
family
residence
or
an
accessory
dwelling
unit.
We've
finally
settled
the
owner
finally
settled
on
this
design
as
being
the
most
efficient
for
her
aging
parents
to
move
in
to
the
property.
P
This
is
like
every
single
property
in
the
city.
It
is
unique.
This
one
is
unique
in
the
fact
that
it
does
have
three
street
frontages,
that
being
Chelsea
Street
to
the
North
Central
Avenue
to
the
West
and
East
Genesee
Street
to
the
South.
P
P
P
P
However,
again
because
this
building
is
original
from
1910,
we
find
ourselves
in
this
predicament
of
being
four
feet
out
of
compliance
with
the
code.
So
we
are
here
today
to
ask
for
your
consideration
to
reduce
that
requirement
from
60
feet
to
56
feet,
which
is
a
seven
percent
reduction
in
the
setback
requirement.
B
B
No
one
is
registered.
Do
we
have
any
additional
staff
comments.
O
Eric
Honda
Element
coordination.
It's
put
on
the
record
that
he's
asking
for
he's
not
asking
for
a
variance
to
the
setback.
He's
asking
for
permission
from
staff.
Excuse
me
permission
from
Council
to
build
up
the
56
feet:
it's
not
technically
a
variance
or
a
design
exception.
That's
that
Council
will
be
granting
all
right.
It's
it's!
If
that's
your
inclination
just
to
overturn
the
decision
of
the
Za
is
just
to
overturn.
B
L
B
Any
other
questions
or
comments
is
there
any
need
for
rebuttal
at
this
time,
Mr
Thorpe?
B
Q
F
F
3-29
for
the
property
located
at
4121
North
Central
Avenue,
because
the
petition
provided
competent,
substantial
evidence
to
waive
the
requirement
in
the
city
of
in
the
city
of
Tampa
code.
Section
27-132c
for
extended
family
residents
to
be
located
in
a
non-conforming
accessory
structure
or
structure
made
conforming
as
a
result
of
a
variance.
R
D
A
H
L
B
K
Now,
if
any
member
of
city
council
has
had
any
ex
parte
Communications
relative
to
this
matter,
and
we're
discussing
here,
item
number
63,
fdn
21-125,
please
disclose
that
prior
to
this
hearing,
going
forward
with
whom
and
when
to
the
best
of
your
knowledge,
this
occurred
and
the
sum
and
substance
of
the
discussion
also
when
that
is
done,
I'm
going
to
ask
city
council
to
receive
and
file
all
written
Communications
which
have
been
available
for
public
inspection
that
have
uploaded
to
sire
in
city
councils
of
possession.
Thank
you
now.
K
D
Yes,
during
the
process
during
the
campaign,
I
had
I
attended
a
neighborhood
meeting
where
this
particular
issue
had
been
brought
up.
I
also
met
with
Jason
Accardi
and
his
daughter,
and
this
was
briefly
discussed
during
that
meeting
Jason
told
me
they
found
the
document
and
the
boxes
that
they'd
stored
in
his
office.
That
was
that
would
have
been
the
request.
That
was
my
that's
that's
the
extent
of,
and
none
of
that
would
I'll
just
it
won't
affect
the
decision
that
I
make
today
it'll
be
based
on
the
evidence
presented
during
this
hearing.
F
Yeah
I
just
want
to
say,
I
had
a
brief
conversation
with
City
attorney
Susan
Johnson
Velez
I
was
calling
to
ask
the
legal
information
about
this,
and-
and
she
advised
me
that,
if
we
talked
about
it
be
it
would
be
ex
parte
communication.
So
we
ended
the
conversation
and
didn't
talk
about
the
substance.
K
K
One
more
thing
with
regard
to
ex
parte
Communications
and
these
the
transcript
of
these
ex
parte
Communications
have
been
uploaded
to
sire,
and
what
that
is
is
it
turns
out?
The
city
council
had
a
hearing
on
July
14th
of
2022
relative
to
this
matter,
and
three
people
appeared
the
following
regular
meeting
on
July
28th
of
2022
before
city
council
during
public
comment,
and
they
did
speak
to
this
matter
because
the
matter
at
the
time
was
had
been
taken.
K
Care
of
Mr
Massey
had
sat
in
this
chair
and
advised
Council
that
it
is
a
quasi-judicial
matter
and
that
this
matter
has
been
under
investigation
by
the
city
attorney's
office
and
it
may
or
may
not
come
back
to
city
council
city
council
did
hear
that
and
as
ex
parte
Communications
I
have
provided
the
transcript
uploaded
it
into
sire,
and
that
has
been
received
into
the
record
as
as
an
ex
parte
communication.
Thank
you.
Thank.
S
Thank
you,
Mr
chair,
Susan,
Johnson,
Velez
legal
department,
this
item
and
an
amended
recommended
order
from
a
hearing
officer
on
a
petition
for
review
of
formal
decision.
21
125
that
was
issued
by
the
zoning
administrator
on
August
30th
of
2021.
S
I
want
to
go
ahead
and
clarify
for
you
and-
and
we
have
distributed
to
council
code,
section
27-61
J1,
which
governs
the
process
for
this
particular
type
of
review.
Hearing
for
a
formal
decision.
It's
a
little
bit
different
than
the
review
hearing
that
you
just
had
immediately
prior
to
this
and
then
the
one
that
will
follow
this
in
that
those
hearings
are
what
is
called
the
novo
hearings,
where
Council
can
consider
evidence
that
the
hearing
and
evidence
is
presented
to
you
for
your
decision
for
this
type
of
decision.
S
A
formal
decision
of
the
zoning
administrator.
Excuse
me.
The
code
provides
that
those
de
novo
hearings
will
be
conducted
by
a
hearing
officer
who
will
collect
all
the
evidence
who
will
receive
the
testimony?
Who
will
consider
all
those
things
and
then
issue
a
recommended
order
and
the
recommended
order
is
then
presented
to
city
council
for
consideration,
and
so
that
is
the
purpose
of
this
hearing.
So
there
won't
be
any
evidence
presented
to
council
today.
S
So
the
there
have
been
a
number
of
hearings
in
this
case.
The
first
de
novo
hearing
that
was
conducted
by
the
hearing
officer
was
on
May
20th
of
2022..
Yes,.
S
So
and
let
me
just
back
up
for
a
minute
so
the
the
party
that
has
filed
the
petition
for
review
in
this
case
is
Mr
Joseph
Caldwell.
He
is
represented
by
Council
this
afternoon,
who
hear
from
shortly
I'm
sure,
and
then
the
authorized
agent
for
the
property
owner
is
Jason,
Accardi,
I,
believe
he's
also
represented
or
there's
another
authorized
agent
for
the
property
owner
Mr
Steve
michelini
is
here
as
well.
So
following
the
and
again
this
is
a
review
hearing
to
on
a
request
to
reverse
the
August
30th
2021
formal
decision.
S
So
the
hearing
officer
originally
conducted
a
de
novo
hearing
on
May
30th
of
2022,
and
that
order
that
came
out
of
that
hearing
was
presented
to
council
a
couple
of
different
times
on
July
14th
and
then
again
on
October
20th
of
2022
and
in
keeping
with
the
code
when
matters
when
the
recommended
order
is,
is
presented
to
you
for
consideration.
Council
may
allow
public
discussion
on
the
request
for
oral
argument
by
a
party
or
upon
council's
own
motion,
and
so
city
council
can
open
the
meeting
for
oral
argument.
S
If
city
council
finds
that
the
hearing
officer
did
not
address
a
matter
introduced
into
the
record
or
that
the
recommended
order
contains
an
ambiguity
and
parties
must
file
their
request
for
oral
argument,
concurrent
with
the
filing
of
a
request
for
a
special
exception.
And
then,
if
Council
chooses
to
open
for
oral
argument,
you
may
then
limit
oral
argument
and
I'll
go
through
those
that
in
a
few
minutes.
S
So
the
issue
before
the
zoning
administrator
related
to
two
properties
located
at
1916
and
1918,
East
5th
Avenue
in
Ybor,
so
pre-2000.
Those
two
properties
were
zoned
yc6
in
2000,
the
city
initiated
an
area-wide
rezoning
for
certain
section
of
Ybor
City
to
rezone
certain
Properties,
or
to
do
a
big
area-wide
rezoning
to
rezone
from
yc6
to
yc7
at
the
time
in
2000.
S
The
key
piece
of
evidence
in
this
case
is
a
letter
provided
to
the
city
dated
March,
8th
of
2000
for
the
two
properties
located
at
1916
and
1918
East
5th
Avenue,
requesting
that
the
city
not
include
those
properties
in
the
area-wide
rezoning,
essentially
opting
those
properties
out.
S
S
So,
on
May
26th
of
2020,
the
current
property
owner
717
parking,
is
authorized.
Agent
filed
an
application
for
a
formal
decision
requesting
the
zoning
administrator
determined
that
the
parking
lots
were
a
permitted
principal
use
on
those
two
lots,
and
so
that's
the
distinction
between
the
yc6
and
the
yc7
yc6.
Zoning
District
allows
for
parking
as
a
principal
use.
The
yc7
district
does
not
so
it's
a
significant
impact
to
the
property
owner
if
they
want
to
operate
a
parking
lot
on
those
properties.
S
So
the
zoning
administrator
issued
a
decision
letter
on
August
30th
and
that
decision
letter
did
several
things.
The
first
thing
it
did
was
rescind
a
prior
letter
that
was
issued
on
August
17th
of
2021
and
when
I
say
rescind.
What
rescind
means,
if
you
may
know,
is,
is
to
take
back
or
to
cancel
or
to
avoid
a
prior
letter.
S
So
the
August
30th
letter
avoided
that
prior
letter
determined
that
there
was
a
timely
request
to
exclude
the
property
from
the
city-initiated
area-wide
rezoning
and
further
determined
that
the
property
should
have
therefore
retained
the
yc6
zoning
District,
which
again
would
allow
parking
as
a
principal
use
on
these
two
lots.
The
zoning
administrator
also
found
that,
once
the
zoning
classification
on
the
Lots
was
corrected,
that
the
lot
owner
or
the
property
owner
would
have
to
then
comply
with
City
of
Tampa
code
requirements
for
parking
lots
such
as
signage
Paving,
the
drive
aisles
and
bumper
stops.
S
S
So
the
petition
for
review
was
again
filed
by
Mr
Joseph
Caldwell.
The
novo
hearing
was
conducted
by
the
hearing
officer
on
May,
30.,
I'm,
sorry,
May,
3rd
2022
and
the
zoning
I'm
sorry,
the
hearing
officer
issued
a
recommended
order,
dated
May
20th
of
2022
and
based
upon
the
findings
of
fact
and
conclusions
of
law.
The
hearing
officer
recommended
upholding
the
zoning
administrator's
decision
that
determined
that
the
property
should
have
retained
their
yc6
zoning,
allowing
for
parking
as
a
principal
use,
and
the
hearing
officer
also
recommended
in
that
order.
S
On
this
on
the
screen
in
front
of
you
number
one
was
to
review
the
chain
of
custody
of
the
March
8
2000
letter
and
whether
it
existed
in
the
city
second,
to
obtain
evidence
regarding
other
opt-out
requests
by
the
authorized
agent
and
the
city's
response
to
the
request
and
then
finally,
what
is
the
protocol
when
the
city
cannot
find
a
copy
of
a
document?
S
So
the
remand
hearing
was
held
on
December
12th
of
2022
again
pursuant
to
code
section
2761,
J1,
petitioner,
Joseph
Caldwell
appeared
Mr,
Steve,
michelini
and
Mr
Jason
McCarty.
Both
authorized
agents
for
the
current
property
owner
appeared
other
members
of
the
public
who
attended,
included,
Chris
Curry,
David,
Bailey,
Stephanie,
Harrison,
Bailey
and
Nicholas
albergo.
S
So,
with
respect
to
each
of
the
three
remand
items,
the
hearing
officer
received
testimony
received
new
evidence
at
the
remand
hearing,
and
these
are
the
determinations
that
he
made
with
respect
to
the
testimony
and
evidence
received
at
that
remand
hearing.
So
first,
the
city
has
no
record
of
receiving
the
opt-out
letter
prior
to
2021..
Steve
michelini
testified
that
he
in
fact
hand
delivered
the
opt-out
letter
to
Gloria
Moretta,
the
city's
prior
zoning
administrator
in
March
of
two
thousand
Mr
cotton.
S
There
really
is
no
protocol.
This
is
kind
of
an
unusual
circumstance
in
this
case,
and
we've
never
really
seen
an
issue
like
this
before
and
or
or
since.
I
can't
tell
you
that
it's
not
uncommon
for
when
somebody
is
coming
in
for
a
formal
decision
to
establish
a
historical
use.
They
often
submit
historical
documents
that
we
may
not
have
in
the
record,
and
so
it's
it's
a
not
an
uncommon
practice.
S
So
city
council
I
know,
has
received
copies
of
the
request
for
oral
argument,
as
well
as
the
special
exceptions
in
there.
I
just
wanted
to
highlight
that
this
formal
decision
is
not
about
a
rezoning.
This
decision,
neither
decision
of
the
zoning
administrator
nor
the
hearing
officer's
recommendation
rezoned
these
two
Parcels
of
property.
There
was
some
statements
about
re-establishing
a
document
and
a
statute
that
a
statute
that
is
included
in
the
rules
of
civil
procedure
and
evidence
about
re-establishing
a
document
which
is
not
a
requirement
under
our
code
to
follow
that
statute.
S
It's
not
about
whether
the
document
was
was
valid
or
not.
Ownership
of
the
property
was
not
at
issue
and
whether
or
not
there
was
an
agent
authorization
in
the
file.
This
is
about
the
recommendation
of
the
hearing
officer.
He
made
specific
findings
of
facts
and
conclusions
of
Law,
and
that
is
what
is
before
counsel
for
consideration
today.
S
So
at
the
conclusion
of
the
hearing,
Council
has
several
options
or
actions
that
it
can
take.
It
can
adopt
the
recommended
order
and
the
amended
recommended
order
as
the
final
order.
It
can
modify
the
recommended
order
and
the
amended
recommended
order.
It
can
reject
either
or
both
orders
or
it
can
remand
the
matter
back
to
the
hearing
officer
as
you've
done
in
the
past,
and
so
turning
now
to
requests
for
oral
argument.
S
Council
again
may
allow
oral
argument
only
if
it
finds
that
the
hearing
officer
did
not
address
a
matter
introduced
into
the
record
or
the
recommended
order
contains
an
ambiguity
again.
Council
May
limit
the
scope
of
oral
argument,
and
it's
a
city
council
attorney
reviews
the
requests
and
then
makes
recommendations
as
to
whether
the
request
meets
the
criteria
under
the
code.
S
K
E
What
is
the
normal
procedure
when,
when
there
is
a.
E
F
Just
a
few
clarifying
questions,
Ms
Johnson
Velez,
based
on
the
conversation
you
and
I
started
to
have
today,
is
there
anything
different
or
unusual
about
the
role
of
the
city
attorney's
office
here
or
any
City
attorney
Representatives
playing
any
different
roles
or
is
or
is
it
just
the
way
it
normally
is.
F
Role
and
then,
and
then
can
we
ask,
since
this
has
gone
back
and
forth,
what's
what's
currently
happening
on
the
lot
now?
How
is
the
lot
being
used
right
now.
K
K
If
I
can,
let
me
just
say,
for
the
purposes
of
the
record
at
this
hearing,
I
have
distributed
the
copy
of
the
amended
recommended
order
of
the
hearing
officer.
You
have
that
in
front
of
you,
as
well
as
I
distributed
and
I
had
done
this
by
email
several
days
before
pertinent
copies
of
the
code
of
ordinances
in
chapter
27
relative
to
this
case
and
I
would
direct
your
attention
then,
specifically,
as
Ms
Johnson
Velez
has
stated,
there
are
specific
findings
of
conclusions.
Excuse
me,
findings
of
fact,
and
conclusions
of
law
contained
within
these.
K
The
recommended
order
by
the
hearing
officer
and
I
would
ask
that
you
reference
those
when
you
formulate
your
questions,
particularly
when
staff
is
in
front
of
you.
Thank
you
for.
K
S
F
H
Listen
I
said
earlier:
I
had
no
contact
with
no
one.
That's
a
fact.
However,
when
I
heard
the
name,
Gloria,
Moretta
and
I
heard
opt
out
and
opt
in
I
was
here
and
I
said
two
decades
ago,
I
was
here
sitting
on
this
Council
I
believe
when
there
was
two
property
owners
that
opt
out
I.
Remember
that
I
don't
know
which
properties
they
were
but
I
remember.
There
was
not
one.
H
There
was
two
properties,
two
small
pieces
of
property,
one
side,
two
and
another
side,
but
that's
all
I
remember
about
because
you're
going
back
20
some
years
and
but
I'm
just
saying
that
I
said
something
now
I
remember
that
there
was
a
presentation
by
Gloria
Moreno
on
property,
I,
don't
remember
if
it
fit
property
or
not
I'm,
not
saying
that
I
don't
know
I.
H
Just
don't
remember
that
there
was
I
think
there
was
two
two
small
partials
there
was
one
and
it
was
it
came
from
somewhere
divorce
it
they
wanted
to
change
the
zoning
areas
and
they
finally
worked
it
out
that
you
can
want
to
come
in
or
you
want
to
stay
out.
There
was
two
properties
in
my
mind
that
stayed
out
I,
don't
know
which
ones
they
were.
D
Where
hi,
where
in
code
does
it
authorize
the
administrator
to
rescind
the
letter
that
was
issued
on
August
30th
2021.
K
The
question
is
how
we're
going
to
proceed
in
that
hearing
we
have
now.
The
reason
we're
here
is
because
somebody
filed
an
application,
a
petitioner
for
oral
argument
and
that's
why
you're
here
I
think
the
best
thing
to
do
is
to
conduct
the
hearing
in
the
order
in
which
it's
supposed
to
be
presented.
K
A
you
raise
a
very
good
question,
and
this
is
a
very
frankly
in
my
experience,
a
very
unusual
case,
because
normally
the
City
attorney
represents
the
city,
council
and
I
believe
in
this
particular
instance
that
she
raised
to
council
member
Carlson.
She
did
not
because
it
would
constitute
an
ex
parte
communication.
So
my
understanding
is
that
the
role
of
the
City
attorney,
Ms,
Johnson,
Velez
and
Miss
Pettis
Mackle,
is
to
represent
the
department
and
the
city
in
this
matter.
She
is
not
acting
as
your
attorney
in
this
matter.
K
She
is
acting
as
an
advocate
for
the
position
of
the
department
and
the
and
the
city
cities
position,
so
so.
D
K
B
T
E
T
K
What
2761
says
specifically
when
you
get
past
oral
argument,
go
to
e
Roman
numeral
three
final
order.
L
K
K
If
city
council
rejects
or
modifies
a
conclusion
of
law,
it
must
state
with
particularity
in
the
final
order,
its
reasons
and
must
make
a
finding
that
its
substitution
of
a
conclusion
of
law
in
parenze.
My
comments
contained
in
that
recommended
order
must
stay
particular
with
particularity
in
its
final
order.
K
Your
final
order,
its
reasons
and
must
make
a
finding
that
its
substitution
of
a
conclusion
of
law
is
as
or
more
reasonable
than
that
which
was
rejected
or
modified,
and
then
again,
if
city
council
directs
staff
to
prepare
a
revised
order,
the
revised
order
shall
be
transmitted
to
the
parties
and
non-party
participants
and
presented
to
city
council
within
45
days
after
adoption.
That
is
City
council's
obligation.
So
my
suggestion
is
that
we
follow
the
process.
Thank.
S
K
B
K
K
Hearing
officer
did
not
address
a
matter
introduced
into
the
record,
or
the
recommended
order
contains
an
ambiguity.
Is
that
part
of
your
motion
then,
because
that
is
the
basis
for
opening
up
oral
argument,
and
that
is
the
basis
of
my
review,
and
that
is
the
basis
for
my
recommendation
and
findings.
Yes,.
F
K
Correct
you
cannot
allow.
It
is
a
close
record,
you
can,
you
can
re,
it
doesn't
necessarily
have
to
be
only
the
evidence,
that's
referenced
by
the
hearing
officer.
It
could
be
all
the
reference
all
the
evidence
that
was
presented
for
the
hearing
officer's
consideration
and
that
is
through
the
open
record
period
That's
through
from
the
decision
of
the
of
the
zoning
administrator,
and
that's
also
from
from
the
testimony
taken
at
the
hearing
officers.
Conducting
of
the
hearing.
K
Believe
Miss
kamaria,
Pettis
macko
is
also
familiar
with
the
record,
as
is
Miss
Johnson
of
allez,
and
if
somebody
testifies
to
something
outside
the
the
the
hearing
or
the
evidence
that,
if
I
don't
catch
it
I
would
hope
that
they
would,
because
that
was
my
concern
that
that's
why
oral
argument
and
discussion
on
this
case
has
to
be
taken
during
this
hearing,
because
it
is
subject
to
specific
evidence
as
findings
of
fact
by
the
hearing
officer,
evidence,
that's
been
submitted
and
also
conclusions
of
law
that
the
hearing
officer
finds
based
on
his
findings.
S
So
Council
Susan
Johnsonville
has
legal
department.
So
under
the
code
no
person
can
submit
new
evidence
to
the
city
council
during
oral
argument
and
all
persons
must
confine
their
presentations
to
evidence
made
part
of
the
record
before
the
hearing
officer.
So
we
do
have
the
transcripts
and
we
do
have
the
items
that
were
presented
during
the
open
record
period
and
emails,
and
things
like
that.
So
we
will
be
able
to
determine
whether
or
not
anyone
is
exceeding
the
scope
of
their
okay.
B
S
B
L
M
B
K
V
Yes,
Mr
Shelby
I,
think
I
talked
to
the
city
attorney's
office,
I'm
Michael,
labia
I
represent
the
petitioner
logical
sense.
The
petition
would
go
first
present.
The
reasons
why
we
think
the
decision
should
be
rejected,
followed
by
the
property
owner.
If
they
have
any
comment.
I'm.
K
Going
to
make
a
request
Council
of
the
people
who
do
speak
to
please
see
if
you
could
designate
yourself
as
a
party
as
defined
by
the
code
or
a
non-party
participant.
If
you
are
a
party-
and
this
is
for
the
clerk's
Direction,
they
are
scheduled
to
have
10
minutes
each,
as
are
members
of
the
staff
to
have
10
minutes
the
representing
the
staff,
and
so
when
you
please
do
come
up
here.
Please
for
the
record
state,
your
name
again
I.
Have
we
confirmed
that
everybody
in
this
room
has
been
sworn
Mr
chair.
K
Okay,
thank
you
so
now,
sir,
did
you
want
to
before.
B
A
K
V
A
couple
procedural
things:
the
discussion
about
oral
argument.
I
know
we
talked
about
how
that's
limited
to
the
evidence
that
was
presented
before,
but
it
also
includes
any
legal
argument
about
the
law
that
controls
the
decision
that
happened
below
such
as
references
to
the
code,
Mr
Shelby.
You
would
agree
with
that.
K
V
Okay,
thank
you
and
then
the
second
issue,
I,
have
is
just
a
place
on
the
record.
An
objection
I
had
to
the
use
of
the
PowerPoint
presentation
by
the
city
attorney's
office,
as
was
discussed,
the
city
attorney's
office
is
really
an
advocate
for
the
zoning
Department's
position
in
this
case.
As
such,
my
contention
is
that
they
should
provide
everything
to
the
other
side
for
a
fair,
not
trial
by
surprise,
but
a
fair
hearing,
I
found
out
two
hours
ago
that
that
would
be
used.
V
I
contacted
Miss,
Johnson
Velez
and
she
refused
my
request
to
share
that
documentation.
I,
don't
know
that
there
was
anything
terribly
controversial
in
there.
Although
there
were
some
statements
about
the
evidence
that
I
think
included,
advocacy
and
were
not
just
recitations
about
what
happened
so
for
appellate
purposes,
should
it
be
necessary
I
just
want
my
objection
noted.
F
K
If,
if
this
case
is
challenged,
the
city
will
will
have
to
respond
to
it
if,
whatever
the
decision
is,
the
city
will
have
to
respond
to
it
and.
F
F
Just
asking
about
about
how
who's
representing
the
city.
K
K
If,
in
the
sense
that
you
have
a
question
I'm
available
to
answer
the
questions
relative
to
representing
the
city
council
in
this
case,
and
that's
why
I
actually
serve
in
this
role
to
act
as
your
attorney
now
I
think
you're
going
I
think
that'll
be
a
a
question.
That's
not
relevant
to
your
decision
today
and
it's
not
appropriate
then
to
have
that
discussion
and
to
take
the
time
to
do
that
now.
My
suggestion
is,
if
you
want
to
bring
that
up
into
argument
later,
you
can.
V
K
V
May
I
have
that
timer
reset
Mr
Shelby.
Yes,.
V
You
good
afternoon
again,
my
name
is
Michael.
Labby
I
represent
the
petitioner
Joseph
Caldwell,
we're
here
today
for
your
consideration
of
Mr
Caldwell's
petition
to
review
final
decision
number
21-125
rendered
by
the
city
of
Tampa
zoning
administrator,
Eric
Cotton.
Pursuant
to
the
code.
That
decision
was
first
evaluated
by
a
hearing
officer,
Mr
Derek
schroth,
who
recommends
that
city
council
approve
the
zoning
administrator's
decision.
V
Pursuant
to
your
code,
you
can
either
approve
that
recommended
order,
thereby
approving
the
final
decision
of
the
zoning
administrator
or
you
could
reject
or
modify
both
I'm
here
to
explain
why
you
should
reject
and
or
modify
both,
and
the
reasons
is
they're
because
they're
legally
incorrect.
All
those
reasons
relate
to
one
thing:
adherence
to
the
city
code
itself
or
a
failure
to
adhere
to
the
city
code.
Simply
put
we
didn't
play
by
the
right
rule
book
down
here.
V
V
There's
two
properties:
I'll
collectively
refer
to
them
as
the
property
at
1916
and
1918
Fifth
Avenue
on
May
26
of
2021,
the
current
owner
of
the
property
Ebor
Properties
LLC,
requested
from
the
zoning
administrator
a
formal
determination
that
those
properties
that
I'm
sorry
the
operation
of
a
parking
lot
on
that
property
was
a
legal
non-conforming
use.
Thus,
from
the
outset,
even
the
current
property
owner
recognized
that
the
property
is
zoned
yc7,
which
does
not
allow
for
use
as
a
parking
lot
as
opposed
to
yc6.
V
The
current
owner
argued
that
two
things
one,
the
official
zoning
Atlas
was
wrong
and
the
property
should
be
zoned
yc6
or
two.
Even
if
the
official
zoning
Atlas
is
correct,
the
property
has
historically
been
used
as
a
parking
lot
and
that
historic
use
should
be
approved
as
a
non-conforming
use
going
forward
on
August
17th
council
member
hertek,
the
zoning
adminator
rendered
his
final
decision
rejecting
both
arguments.
He
said,
there's
no
evidence
that
this
was
a
historic
non-conforming
use
and
there's
even
less
evidence
that
the
official
zoning
Atlas
is
wrong
here.
V
The
current
property
owner
disagreed
with
that
final
decision
and
despite
there
being
no
provision
in
the
code
for
doing
so,
rather
than
filing
a
petition
for
review,
in
which
case
they
would
have
the
burden
and
not
my
client,
they
instead
submitted
or
I
apologize.
It
was
earlier
submitted
the
or
the
opt-out
letter,
but
they
worked
with
the
city
attorney's
office.
Everyone
discussed
it
City
attorney's
office
communicated
with
Mr
cotton
after
the
final
decision.
V
He
testified
to
that
at
the
remand
hearing
and
subsequent
to
that,
based
on
those
conversations
rescinded
his
decisions,
no
code
provision
that
allows
for
rescinding
that
decision
on
August
30th,
the
new
rescinded
I'm.
Sorry,
the
new
decision
that
was
sent
to
the
old
one
flip-flopped
it
the
official
zoning
Atlas
is
wrong.
The
property
ought
to
be
zoned
yc6.
That's
the
conclusion
that
the
zoning
administrator
reached.
That
decision
was
legally
incorrect
for
a
number
of
reasons.
V
First,
concluding
that
the
property
ought
to
be
zoned
in
a
manner
that
is
not
reflected
in
the
official
zoning
Atlas
is
not
the
zoning
administrator's
job.
He
doesn't
have
the
authority
to
do
it.
Only
city
council
can
make
that
zoning
change
section
27-3-1
of
the
code
talks
about
how
the
official
City
Zoning
Atlas
quote,
shall
be
the
final
Authority
as
to
the
current
status
of
all
lands
and
Waters
in
the
city.
End
quote:
27.29
of
the
code.
V
Changes
to
that
Atlas
can
only
be
made
by
an
amended
ordinance
that
amended
ordinance
is
issued
by
you
city
council,
not
by
an
unelected
member
of
Staff
27-30.
No
changes
of
any
nature
shall
be
made
to
the
official
zoning
Atlas,
except
and
Conformity,
with
the
requirements
of
this
chapter.
What
I
just
mentioned
coming
before
city
council,
and
if
you
make
an
unauthorized
change,
it
shall
be
considered
a
violation
of
this
code
and
punishable
as
provided
by
law.
That
reason
alone
is
the
basis
for
you
to
reject
this
order.
V
There
was
no
legal
Authority
for
the
zoning
administrator
here
to
say
the
property
is
zoned
this
way
in
the
official
zoning
Atlas,
but
it
ought
to
be
different.
You
can't
do
that.
There
was
a
lot
of
talk
in
the
recommended
order
from
the
hearing
officer
about
our
burden
of
proof
and
whether
or
not
we
carried
it.
We
carried
the
burden
of
proof
to
show
the
zoning
administrator
was
incorrect
when
we
mentioned
the
official
zoning
Atlas
says
yc7
and
you
went
in
a
different
direction
by
not
sticking
to
that.
We've
carried
our
burden.
V
The
property
owner
is
saying
like
an
affirmative
defense
in
the
legal
context,
yeah
I
know
the
official
zoning
Atlas
says
this,
but
we
submitted
a
knocked
out
letter
and
that
should
have
had
the
effect
of
changing
the
zoning.
This
isn't
the
format
to
do
that.
What
they
could
have
done
is
number
one
I'll
address
this
later
file
a
lawsuit
to
re-establish
this
allegedly
lost
public
record
or
to
an
even
more
simply
come
before
City
Council,
on
an
application
for
zoning
change
and
present
the
extenuating
circumstances
that
led
up
to
the
allegedly
incorrect
zoning.
V
In
this
case,
they
didn't
do
that.
Instead,
there
was
a
rescission
of
of
the
zoning
administrator's
decision
and
a
flip-flop
here
that
recision
as
council
member
hertek
inquired
about
is
not
permitted
by
code.
27.61
has
the
exclusive
procedure
under
the
code
to
reverse
a
final
decision
after
it
is
issued,
it's
filing
a
petition
for
review.
That's
not
a
minor
mistake
in
this
case,
because
when
they
didn't
file
a
petition
for
review-
and
there
was
a
recision
of
this
order-
it
now
placed
the
burden
on
my
client.
The
burden
should
never
have
been
on
my
client.
V
It
should
have
been
on
the
property
owners
to
come
forward
and
demonstrate
this
opt-out
letter
that
no
one's
seen
in
21
years
is
valid
and
Not
only
was
it
submitted,
but
the
legal
effect
of
that
letter
being
submitted
would
have
been
to
opt
out
of
the
zoning.
Instead,
all
that
was
just
assumed
to
be
true.
V
Next
consideration
of
the
opt-out
letter
violated
the
code,
so
this
is
even
if
it
was
okay
to
rescind
the
decision,
and
even
if
I
had
the
burden
to
come
in
and
talk
about
this
opt-out
letter,
it
was
legal
error
for
the
zoning
administrator
to
consider
it.
In
this
case,
27.54
addresses
the
only
evidence
that
the
zoning
administrator
and
the
hearing
officer
can
consider
when
evaluating
this
case,
and
it
says
what
was
filed
with
the
original
application
and
anything
that
came
in
during
open
record
Eric
Cotton
testified
at
the
remand
hearing.
V
I
didn't
get
it
with
the
original
application
and
I
didn't
get
it
during
the
open
record
period,
he's
prohibited
from
considering
it,
but
he
did
anyway
violated
the
code
concluding
that
the
opt-out
letter,
even
if
it
could
be
considered,
had
actually
was
delivered
21
years
earlier.
There
was
no
evidentiary
basis
for
doing
so.
The
recommended
order
of
the
magistrate
says:
Stephen
michelini
testified
21
years
earlier.
He
remembered
exactly
when
he
hand
delivered
this
particular
thing
and
there's
no
contradictory
evidence
false.
V
There
was
significant
contradictory
evidence
that
21
year
old
recollection
was
contradicted
by
both
circumstantial
and
documentary
evidence,
in
this
case
documentary
evidence
in
the
form
of
similar
opt-out
letters
issued
by
the
same
individuals
at
Ebor,
Properties
LLC.
At
the
same
time,
which
were
on
different
letterhead,
had
different
formatting
and
which
were
actually
received
by
the
city,
and
not
only
did
the
city
allegedly
lose
the
opt-out
letter,
it
lost
the
folio
printouts
that
said,
opt
out
which
it
had
for
every
other
property,
including
the
other
properties
owned
by
the
accardes.
Additionally,.
V
27.52
outlines
the
power
of
the
zoning
administrator.
We
all
agree
that
this
letter
was
not
part
of
the
city's
record.
So
can
it
be
considered?
You
asked
that
on
remand?
What's
the
policy
you
just
heard
city
council
doesn't
I'm.
Sorry,
the
city
of
Tampa
doesn't
have
a
policy
to
re-establish
a
lost
public
record.
Why?
Because
it's
preempted
from
doing
so.
The
legislature
has
told
us
how
to
re-establish
a
lost
public
record
Florida
statute.
71.011,
you
file
a
circuit
court
action.
You
go
to
a
judge.
V
You
present
evidence
you
get
a
Judicial
determination
that
this
document
has
all
the
indicia
of
having
been
submitted
as
part
of
the
public
record,
and
you
get
it
re-established
that
wasn't
done
in
this
case.
27.52
says
these
are
the
only
Powers
the
zoning
administrator
has
not.
One
of
those
is
re-establishing
a
lost
public
record.
L
K
E
Rules:
okay,
well,
here's
the
thing
we've
right
now,
City
staff
is,
is
working
for
City
Planning
Department.
If
no,
if
I
have
a
question
I'm
going
to
ask
for
him
to
clarify
so
that
I
know
what
I,
what
I'm
I
right
now
as
as
councilman
Carlson
said,
you
know,
we
weren't
allowed
to
talk
to
you
about
this
beforehand,
so
I'm
uncomfortable
having
you
answer,
questions
in
the
middle
of
this
gentleman's
testimony.
Let's
finish
his
testimony.
What.
B
K
V
Correct
Mr,
Shelby
and
if
I
may
finish,
my
presentation.
V
Would
encourage
you
all
I'm
sure,
you've
all
read
it
already.
It's
a
riveting
piece
of
writing
to
read
the
exceptions
I
submitted
it
details
a
whole
bunch
of
other
legal
inconsistencies
and
specifically
evidentiary
problems
that
were,
with
the
hearing
officer's
determination.
I'd,
like
you
to
focus
in
on
the
fact
that,
despite
the
labels,
findings
of
fact
and
conclusions
of
law,
they're
really
not
correctly
done
in
the
hearing
officer's
determination.
Findings
of
fact
are
what
happened.
V
Conclusions
of
law
or
what
is
the
effect
of
those
things
happening,
and
the
Really
mismatched
throughout
this
whole
thing,
where
the
hearing
officer
will
say
well,
the
city
received
this
letter
and
it
had
the
legal
effect
of
opting
out
and
he'll
call
that
a
finding
effect
that
you
are
bound
by
that's
not
a
finding
effect.
That
is
what
is
the
effect
of
the
opt-out
letter.
V
The
evidentiary
reasons
that
you
could
read
more
detail
about
why
the
opt-out
letter
is
ineffective
is
because
it
wasn't
submitted
by
the
then
owner
of
the
property
at
the
time,
including
a
whole
host
of
other
reasons
why
it
is
ineffective
conclusion.
What
would
it
do
here?
You
have
two
choices.
We
have
rules
and
rules,
weren't
followed.
V
We
all
want
to
be
governed
by
the
same
set
of
rules.
That's
going
on
here.
In
addition
to
that,
approving
the
order
here
would
be
sanctioning
and
approving
of
the
zoning
administrators.
In
my
view,
usurpation
of
your
own
power,
your
power
to
rezone.
That's
yours!
It
would
open
the
floodgates
of
equal
protection
litigation
because,
if
you're
accepting
a
document
based
on
mere
21
year
old
recollection,
that
was
never
in
the
public
record
here.
You're
gonna
have
to
do
that
in
every
case.
What
happens
when
someone
has
a
marriage
license?
V
And
it's
in
the
recommended
order.
In
fact,
the
hearing
magistrate
makes
a
specific
finding
that,
at
the
time
of
the
opt-out
letter,
the
property
was
owned
by
three
individuals:
all
members
of
the
kirschner
family.
None
of
those
individuals
are
signatories
to
the
opt-out
letter,
one
of
them,
but
not
all
three
is
carbon
copied
on
the
letter,
but
there
was
testimony
below
and
it's
reflected
in
the
recommended
order
that
Chris
kirschner,
the
party
with
cc'd
said
I
never
had
any
discussions
with
anybody
about
rezoning.
Is
that
testimony.
D
K
K
K
Well,
I
can
State
Council.
Quite
frankly,
you
have
in
front
of
you
not
all
the
provisions
of
the
code
you've
received
Provisions
from
the
the
City
attorney.
You
have
provisions
of
27-52
zoning
as
the
administrator.
You
also
have
specific
bases
for
written
determination
by
the
zoning
administrator
and
the
the
answer
is.
K
Cannot
State
what
the
law
was
in
the
year
2000,
but
I
can
state
today,
if
you
read
the
process
for
applications
for
written
determination
of
formal
decisions,
what
it
states
today
is
that
it
must
be
a
property
owner
or
it
has
to
be
a
an
authorized
agent
of
the
property.
Do
you
want
to
add
something?
Sir?
Yes,.
X
S
The
zoney
hearing
officer
I
mean
the
hearing
officer
hearings
that
at
the
time
there
was
no
requirement,
or
we
have
no
indication
that
there
was
a
requirement
that
those
letters
be
submitted
by
a
property
owner
or
that
those
anybody
who
submitted
a
letter
had
to
have
an
agent
authorization
from
a
property
owner
to
submit
that
letter,
and
let
me
just
clarify
as
well,
because
I
think
there's
sufficient
indication
in
the
record
as
well,
that
this
did
not
re-zone
property.
The
opt-out
was
not
to
rezone
the
property.
D
J
Are
you
asking
Council
to
decide
or
I
don't
know
if
this
is
for
you
or
for
the
attorneys,
but
are
we
supposed
to
believe
or
take
into
consideration
that
competent,
substantial
evidence
is
the
verbal
confirmation
that
somebody
said
they
submitted
a
letter
20
years
ago?
Is
that
what
we're
supposed
to
take
into
consideration,
because
it
was
a
they
said
it
verbally?
Oh
I
gave
it
to
you
know
someone
who
worked
for
the
city
20
years
ago.
Is
that
what
we're
considering
as
competent,
substantial
evidence.
V
So
as
far
as
Compton
substantial
evidence
is
concerned,
I
think,
if
you
don't
believe
there
was
a
sufficient
evidentiary
determination
on
that
issue
about
whether
or
not
it
was
received.
You
can
reman
to
take
additional
evidence,
but
I
think
my
argument
is
really
that
you
don't
have
to
get
to
that
issue,
because
there
are
so
many
legal
reasons
why
that
the
evidence
is
not
even
relevant
in
this
case
Okay.
J
To
happen
here
in
section
27-54
C3
at
that's
our
code,
it
says
at
the
conclusion
of
the
open
record
period.
The
zoning
administrator
shall
not
accept
for
consideration
any
additional
evidence,
but
this
evidence
was
20
years
later
right.
This
letter.
V
A
point
of
clarification
that
the
actual
hearing
was
20
years
later,
so
you
could
accept
the
letter
the
supposed
letter,
if
it
was
submitted
as
part
of
the
application
that
seven
or
I'm
sorry
that
eboard
Properties
LLC
filed
for
a
formal
determination
or
you
could
consider
it
separately
if
it
was
submitted
during
the
open
record
period.
But
as
you
quote,
it
and
I
continue
to
hear
I'm
wrong
here,
while
I'm
trying
to
make
my
arguments
it's
a
little
bit
difficult.
V
J
D
Y
D
J
S
I'd
like
to
respond
to
it.
Thank
you
so
so,
first
of
all,
testimony
is
evidence.
Documents
are
evidence
both
can
be
considered
and
both
were
considered
and
weighed
by
the
hearing
officer.
At
the
two
hearings
that
have
been
conducted
on
this
petition,
there
were
32
pieces
of
documentary
evidence.
There
was
plenty
of
verbal
testimony.
Both
of
those
things
can
constitute
competent,
substantial
evidence.
S
In
this
case,
the
hearing
officer
did
take
testimony
from
the
applicants-
agent,
I'm,
sorry,
the
the
property
owners
agent
as
to
what
he
did
and
who
he
submitted
the
letter
to
as
I
stated.
Mr
mclinely
testified
at
both
hearings
that
he
submitted
the
letter
and
delivered
it
to
the
city
to
Gloria
Moretta
in
March
of
2000.
The
hearing
officer
received
that
testimony
determined
that
there
was
no
testimony
that
directly
contradicted
that
and
so
that
that
is
evidence,
and
that
is
part
of
the
hearing
officer's
job.
S
So
that's
with
respect
to
that
testimony
with
respect
to
the
formal
decision
and
what
the
zoning
administrator
can
consider.
I
would
like
to
read
directly
from
the
code.
The
first
sentence
in
section
27-54,
the
zoning
administrator,
shall
consider
all
written
documentation
received
as
part
of
the
application
and
through
the
open
record
period,
and
and
this
is
the
important
part
that
I
would
like
to
highlight
any
other
relevant
information
obtained
through
research
conducted
by
the
zoning
administrator
or
designee.
Now
Mr
cotton
received
the
March
8
2000
letter
a
copy
of
it
on
April
12th
of
2021.
K
K
V
S
C
Point
of
order,
if
I,
if
I
may
Mr
chairman
that
that
when,
when
folks
speak,
they
could
be
recognized
by
the
chair
Etc,
because
we
have
a
record
here,
a
court
reporter
here
Etc
just
just
point
of
order
on
that.
If
we're
going
to
have
a
legal
proceeding,
there
there's
got
to
be
a
lane
of
traffic
that
folks
go
through
and
stay
up
to
the
speed
limit
and
not
text
while
driving.
That's
it.
Thank
you.
F
I
want
to
I
want
to
reiterate
that
also
there's
some
folks
are
always
bringing
each
other
in
the
audience,
but
there's
also
comments
coming
from
the
side
and
from
the
audience
and
I
would
just
ask
everybody
also
to
to
to
ask
for
the
chairs
recognition
I
wish
there
was
another
somebody
else
from
the
legal
department
here.
F
Ms
Johnson
Velez
is
a
great
attorney,
but
I
think
in
this
case
we
need
somebody
who,
just
representing
the
city
and
with
that
in
mind,
I'm
going
to
ask
I'm
going
to
defer
to
Mr
Shelby
and
I
apologize
to
it,
because
Miss
Johnson
Velez
is
a
great
attorney.
We
usually
rely
on
her,
but
since
the
since
the
city
attorney's
office
is,
is
representing,
the
zoning
department.
I
want
to
make
sure
we
get
an
objective
view.
If.
K
I
can
Carlson
thank
you
for
raising
that
and
I
apologize
for
interrupting,
but
I'd
like
to
read
to
you
a
text
that
I
received
from
Andrea
zelman.
The
City
attorney
and
I
asked
her
if
I
shall
Express
that
in
the
record
and
just
to
keep
this
moving,
I
want
to
be
able
to
read
that
into
the
record.
So
you
could
hear
this
response
from
Andrea
Zellman,
the
City
attorney
the
city
of
Tampa
as
an
entity
is
comprised
of
departments.
There
is
no
distinction
between
the
city
of
Tampa
and
any
of
its
departments.
F
Me
but
you're
going
off
purpose
of
this
hearing.
It's
that's
I,
disagree
a
lot
with
the
city
attorney's
office,
but
I
disagree
with
that.
It's
not
accurate
I
mean
I
want
to
ask
some
other
clarifying
questions
of
this
speaker.
Please
you,
you
said
you
you
routed
off
some
legislation
regarding,
yes,
how
to
resolve
the
record
missing
record.
Could
you
tell
us
the
number
of
that
legislation
again?
Yes,.
V
And
it
is
titled
re-establishment
of
papers,
records
and
files.
It
describes
exactly
the
procedure
to
be
used
when
someone
wants
to
re-establish
a
document.
That's
a
public
record
that
is
no
longer
in
the
possession
of
the
public
entity.
So
if
there's
an
allegation
that
it
was
either
lost,
it
was
destroyed.
Let's
say
there
was
you
know,
50
years
ago,
a
fire
and
we
lost
some
records
or
something.
This
is
how
you
would
go
about
that
you
lost
my
marriage.
License
you
lost
my
zoning.
Application
could
be
anything.
F
If
you
had
that,
if
you
could
pass
it
out
put
in
the
record,
that
would
be
great
and
I'm
going
to
ask
some
other
just
technical
questions
from
what
you
said
just
to
I
I
realize
that
there's
a
lot
in
the
record
but
I
want
to
make
sure
we're
careful
and
that
I
that
I
ask
a
question.
Instead
of
stating
a
fact,
the
the
you
talked
about
the
format
of
that
the
difference
between
one
document
and
the
other
two
did.
You
have
copies
of
those
documents
that
you
can
hand
out
out.
V
F
F
The
record
and
then
okay
and
then
what
about
was
there
any
testimony
or
sworn
affidavit
from
Gloria
Morado.
F
And
then
the
again
I'm
asking
just
to
put
this
on
the
record
in
this
meeting
in
the
in
the
document
it
says
that
Mr
cotton
received
advice
from
his
supervisor
and
the
city
attorney's
office.
Is
there
any
sworn
affidavit
or
or
a
record
testimony
from
that
attorney?
He
consulted
or
his
supervisor.
V
F
B
F
Z
Name
is
David
Bailey
and
before
I
begin
per
Mr
Shelby's
request
I'm
declaring
myself
as
a
party
and
I
would
have
10
minutes
to
speak
and
don't
worry,
I
only
need
five.
I
don't
need
ten,
but
per
27.61.
E23
I
have
10
minutes
to
speak,
hopefully
uninterrupted
and
and
also
to
the
clerk.
We
have
people
who
are
registered
to
speak
online
as
well.
So
hopefully
those
folks
are
in
the
queue.
Z
So,
okay,
great
10
minutes,
like
I,
said
my
name
is
David.
Bailey
I
live
on
Fifth
Avenue
in
historic,
Ybor
City.
In
fact,
I
live
across
from
one
of
several
717
dirt
parking
lots
in
our
national
landmark
historic
district
and
the
following
are
my
exceptions
to
the
recommended
order:
page
10,
paragraph
8.
and
I'm.
Sorry
that
I
have
to
read
this
to
you,
but
this
is
the
way
the
process
apparently
works.
The
city
interprets
its
code
to
permit
the
exclusion
of
the
property
from
the
area-wide
zoning
reclassification
based
upon
the
opt-out
letter.
Z
This
case
has
dozens
of
reasons
why
you
should
deny
it
but
everything
circles
around
this
magic
letter,
a
letter
that
the
city
confirms.
It
has
no
record
of
before
April
2021.
Yes,
that's
21
years
after
this
property
was
rezoned
councilwoman.
Her
attack
asked
a
great
question
in
previous
hearing
about
forensics.
How
do
we
know
that
this
letter
ever
existed,
which
is
a
great
question,
and
we
know
that
answer
now,
because
before
the
remand
hearing
on
December
5th,
our
neighborhood
I'm
sorry
before
the
the
remand
hearing,
our
neighborhood
association
asked
the
city.
Z
What
forensic
evidence
do
they
have
that
this
letter
actually
existed
and
it
was
a
very
specific
requests
and
the
response
from
the
assistant,
City,
Attorney,
Johnson,
Velez
and
I
quote
we
have
received.
We
have
reviewed
all
forensic
records
and
no
records
have
been
identified
that
are
responsive
to
their
request
in
item
number
three
of
your
email,
referring
to
the
association
president.
So
let
me
say
that
again,
no
forensic
evidence
exists
that
this
magic
letter
was
sent
or
received
around
the
year
2000..
Z
You
cannot
look
past
that
that
is
a
pretty
glaring
fact.
As
councilman
Carlson
mentioned.
Another
hearing
you
just
can't
and
in
this
hearing
I
can't
just
tell
someone
that
I'm
married
to
my
wife,
I,
can't
just
write
a
letter
and
say
you
got
to
trust
me
on
this
one.
We
have
legally
recorded
documents
so
that
we
have
some
semblance
of
order
and
that's
what
this
is
all
about.
Even
though
the
City
attorney
continues
to
say,
that's
not
what
this
is
about
exception
number,
two
page,
seven
paragraph
two
Mr
Steve
michelini
testified
unequivocally.
Z
He
hand
delivered
the
opt-out
letter
to
Gloria
Moretta
over
two
decades
ago.
Mr
Michelini's
evidence
is
inadmissible
because
it
violated
the
hearing
Master's
own
rules
for
the
submission
of
evidence.
The
hearing
Master
said
this
and
I
quote
in
an
email.
Any
information
can
be
emailed
to
me
to
my
above
email
address
with
a
copy
to
everyone
on
this
email
chain
prior
to
5,
PM,
Friday,
December,
9th
2022.
He
continues
to
give
more
reasons
and
and
procedures
for
how
we
can
object
to
this
information.
End
quote
sorry.
Z
The
end
quote
was
before
now
in
any
legitimate
legal
proceeding.
If
somebody
does
not
present
evidence
for
the
opposing
side
to
review
it's
game
over,
but
for
some
reason
this
evidence
is
submitted.
We
have
no
opportunity
whatsoever
to
refute
it,
and
then
the
hearing
Master
decides
to
chastise
us
for
not
refuting
the
testimony
of
Steve
michelini
because
it
was
never
submitted
for
our
review.
We
show
up
the
day
of
it's
there.
We
object
to
it,
it's
overruled,
so
that's
exception.
Number
two.
Z
There
is
no
evidence
that
they
have
authority
to
do
so.
I'm
a
developer
I
know
that
you
have
to
sign
an
owner's
affidavit
if
you're
going
to
act
on
anyone's
behalf
and
and
it's
interesting
how
the
City
attorney
continues
to
say.
Well,
this
was
the
policy
at
the
time
has
never
presented
anyone
that
there
was
written
policy
that
you
don't
have
to
have
an
owner's
affidavit.
You
don't
have
to
have
any
permission
whatsoever
to
act
on
behalf
of
an
owner.
You
just
write
a
letter.
Z
The
third
thing,
which
is
a
big
one,
so
I
hope
everyone's
paying
attention
to
this
one.
We
have
a
signed
letter
that
was
entered
into
evidence
from
one
of
the
three
owners
of
the
property
at
the
time
of
the
rezoning
that
they
were
not
aware
of
any
zoning
conversations
in
the
year
2000
about
the
subject
property
that
is
in
the
evidence
that
is
with
me
here
today.
If
you
want
to
see
it
happy
to
show
it
to
you,.
Z
Z
Z
So
the
fact
of
ownership
has
been
made
several
times
during
this
long
two-year
Hall
and
then
during
the
July
14th
city
council
meeting
that
was
referenced
a
couple
times
today,
councilman
Carlson
asked
assistant,
City
attorney
Pettis
mackel,
a
direct
question
at
5
25.
If
you
want
to
look
it
up
on
the
tape,
councilman
Carlson
said
sorry
say
that
again
said
the
person,
the
people
who
own
this
property,
they
were
noticed
in
2000
that
it
was
changing
from
yc6
to
yc7
Pettis
mackel.
They
opted.
Z
They
followed
the
city's
policy
at
the
time
to
provide
written
documentation
to
request
and
opt
out
of
the
area-wide
rezoning.
This
is
a
lie.
This
is
a
flat
out
lie.
She
knew
at
the
time
that
717
did
not
own
that
property,
and
yet
she
continued
to
elude
someone
to
believe
that
the
owners
wrote
a
letter
to
opt
out
all
of
the
documentation
of
noticing
at
that
time
went
to
three
people.
It
was
a
kirschner
family
with
three
people
in
it.
Z
Z
So
let
me
wrap
this
up.
I
got
two
minutes,
but
I
don't
need
it.
So
here's
Pandora's
Box!
If
you
approve
this
resolution
today,
you're
basically
setting
a
new
precedent.
If
you
don't
like
your
zoning,
just
send
the
city
a
letter
with
the
date
from
the
past
and
they'll
change
it
for
you
has
City
Council
Members.
K
Please
I'm
sorry
to
interrupt.
If
you
give
me
if
you
could
stop
his
clock
just
with
regard
to
that
that
I,
don't
believe,
is
part
of
the
record
and
is
it
evidence
so
I
would
just
ask
it
if
you
have
a
legal
conclusion
or
you
want
to
State
something
related
to
the
evidence
itself.
I'd.
Please
ask
you
to
keep
to
the
record
and
again
here's.
Z
Here's
my
legal
conclusion:
please
stand
up
for
Ybor
City.
Please
I!
Ask
you
that
tonight
please
deny
this
special
Magistrate's
recommended
order,
which
we've,
if
you
don't
get
it
by
now,
how
much
it
was
based
upon
lies.
Misinformation,
I,
don't
know
that
you
will,
but
this
zoning
has
been
in
place
for
22
years
and
you're
being
asked
to
overturn
that
tonight
and
I
beg
you
not
to.
K
B
AA
Alrighty,
hey
everyone:
I
am
Stephanie
Harrison,
Bailey,
a
resident
of
Ybor
and
a
party
on
this
issue.
So,
although
I
get
10
minutes,
I
will
not
take
it.
I
am
here
to
lay
out
just
a
few
of
the
many
exceptions
to
the
special
magistrates
recommended
order,
dated
January
22nd
2023.
number,
one
from
the
recommended
order,
page
two
paragraph
four
Mr
cotton
determined
because
there
was
a
timely
request
to
exclude
the
property
from
the
city-initiated
area-wide
rezoning.
The
property
should
retain
its
original
zoning
classification
of
yc6,
which
allows
parking
as
a
principal
use.
AA
The
timely
request,
as
we've
heard,
is
a
letter
that
has
been
inadmissible
from
the
beginning.
There's
no
proof.
This
letter
was
submitted
or
even
drafted
prior
to
2021.
It
was
not
in
City
record.
The
city
has
admitted
that
there
is
no
chain
of
custody
before
it
prior
to
2021.
717
parking
did
not
own
the
property
I'm.
Sorry,
Igor
properties
did
not
own
the
property
at
the
time,
and
there
is
no
proof
that
owners
were
made
aware
of
this
leather
and
there
is
no
owner
agent
affidavit
on
file.
AA
In
fact,
our
neighborhood
association,
as
you've
heard,
has
a
letter
from
Chris
kirschner
one
of
the
owners
stating
that
he
does
not
recall
being
a
part
of
any
conversations
regarding
zoning
matters.
Exception
number
two
from
the
recommended
order:
page
10,
paragraph
2,
based
on
uncontroverted
evidence.
The
former
owners
did
not
object
to
the
requests
in
March
2000
to
retain
the
original
zoning
classification.
Furthermore,
Mr
carty
testified
the
property
owner
had
authorization
from
the
former
owners
to
act
as
their
agent.
AA
Once
again,
the
evidence
in
question
has
been
contested
loudly
for
two
years:
there's
no
chain
of
custody
on
this
leather;
no
proof
the
former
owners
even
knew
about
this
letter
and
be
really
hard
to
contest,
something
that
you
don't
know
exists
if
it
was
indeed
written
in
2000
as
Mr
carty
claims.
There
is
no
owner
agent
affidavit
once
again
and
once
again
we
have
a
signed
letter
from
one
of
three
owners
stating
they
have
no
knowledge
of
any
zoning
conversations.
AA
You've
all
heard
and
we'll
hear
many
more
exceptions
to
the
most
recent
special
magistrates
recommended
order
order,
but
I
focus
on
a
few
of
the
most
basic
basic
facts
that
the
neighborhood
has
spent
two
years
of
time
and
money
continually
bringing
to
attention
of
the
city,
because
the
city
has
failed
to
do
the
most
basic
of
due
diligence,
and
indeed
many
in
the
city
seem
to
be
ignoring
these
glaring
red
flags.
Why
are
private
citizens,
the
ones
bringing
up
the
fact
that
previous
owners
had
no
knowledge
of
this
letter
that
717
didn't
own?
AA
Nor
have
they
provided
evidence
that
they
were
at
all
even
connected
to
the
property
in
2000.?
There's,
no
proof
that
717
had
any
connection.
These
lots
are
not
used
for
parking
now,
nor
have
they
been
for
at
least
the
last
15
years.
You
can
look
on
Google
Maps
go
back
as
far
as
it
goes.
There's
not
a
Car
anywhere
on
that
lot
and
when
you
drive
by
it
and
I
hope
that
you
do,
you
will
see
that
as
a
grass
slot,
there's
there's
nothing.
There's
no
cars!
AA
AA
This
is
an
absolutely
unacceptable
way
for
in
the
city
to
operate,
ibor
estampa's
only
National,
Historic
Landmark
District,
because
of
all
the
glaring
issues
the
neighborhood
has
raised
regarding
this
case
over
the
last
two
years,
I
and
the
nearly
50
residents
who
have
written
and
spoken
to
you
regarding
this
property
requests
that
city
council
make
a
motion
to
deny
the
special
magistrates
recommended
order
and
retain
the
yc7
zoning.
That's
been
in
place
for
23
years.
Thank
you.
Thank
you.
B
Hold
on
a
second,
so
the
online
people
Mr
Shelby,
we
have
seven
registered
individuals,
they
have
not
been
sworn
in.
If
they
are
not
a
party,
are
they
treated
just
as
general
public
comment
with
three
minutes
there.
K
Is
no
general
public
comment
Mr,
chairman
per
your
code,
they
are
non-party
participants
and
I
can
read
that
definition
again
if
they
don't
have
any
connection
to
this
item
up
until
this
point
or
just
sending
a
letter
into
city
council,
that
would
be
general
public
comment.
K
I
believe
I
believe
that
everybody
on
this
list,
with
the
exception
of
Miss
key
ball,
who
I
believe
is
present,
who.
V
K
No
I
think
that's
that's
a
good
idea.
There's
Johnson
Velez
I
hear
the
names
that
I
have
and
I
believe
that
they
are
all
parties
and
correct
me
if
I'm,
wrong,
Jose
M
K
on
is
that
person
online.
A
B
B
B
We
we
can't
see
you,
can
you
turn
off
the
video
and
turn
it
back
on
and
maybe
that'll
help
it.
R
Well,
I
see
up
I,
see
a
block
and
I
see
my
name
in
The.
Block
I
agree
with
you
that
I
I
don't
see
a
picture
yeah.
L
I
B
AB
A
B
Okay,
but
is
he
online?
Is
he
act?
No
okay,
we'll
go
back
to
Nicholas
albergo.
If
he's,
we
still
don't
see
him
on
the
screen.
R
K
And
when
you
send
out
the
the
information
to
the
people
who
request
to
participate
in
a
quasi-judicial
hearing,
are
they
informed
that
they
need
video
capability?
Yes,.
L
L
B
Are
you
a?
Are
you
a
party?
Yes?
Yes,
all
right,
not
not
even
stroudberg,
I'm
speaking
to
the
gentleman
in
the
room.
Please
say
your
name
say
it
again:
Ed.
N
N
717
is
saying
that
they
filed
a
request
to
exclude
the
property
from
City,
initiated
Citywide
rezoning
back
in
2000
before
they
owned
the
property,
so
since
they
didn't
own
the
property
at
that
time,
my
late
person
thinking
is
that
there
would
be
some
justification
for
them
acting
on
the
property
owner's
behalf
right.
Yet
there
is
no
such
justification
on
file.
I'm
told
it's
called
an
owner
agent
affidavit
and
the
city
has
no
record
of
that.
N
What's
even
more
puzzling
is
that
the
neighborhood
association,
which
I'm
a
member
of
has
a
letter
from
Chris
Kirchner
one
of
the
owners
at
the
time
stating
that
he
does
not
recall
any
conversation
regarding
zoning
at
that
time.
There
are
lots
of
technical
reasons.
This
lot
should
be
kept
at
the
yc7
zoning.
But,
to
be
honest,
the
common
sense
reasons
are
even
more
compelling.
Eboard
city
is
a
National
Historic,
Landmark
District.
The
city
needs
to
support
the
highest
and
best
use
throughout
Tampa,
especially
in
the
gym
of
our
historic
Ybor.
K
City
Sir
Mr
austinite.
Forgive
me
for
interrupting
again
if
you
could
speak
to
the
evidence
at
the
hearing
and
if
you
can,
if
you
have
any
issues
about
the
conclusions
of
law
that
you
want
to
bring
to
the
council's
attention
based
on
that
evidence.
But
if
you
can
confine
yourself
to
the
evidence,
that's
in
the
record
understand
thank.
N
B
AC
Sir
Council,
my
name
is
Michael
Santos
I
live
on
Fifth
Avenue
in
historic,
Ybor
City
as
a
resident
and
homeowner
I'm
here
to
testify
today
that
I've
been
privy
to
these
proceedings
over
the
last
two
years.
Through
my
participation
in
the
neighborhood
association
of
historic
Ybor
City,
the
numerous
and
reoccurring
irregularities
have
raised
much
concern
with
members
of
our
neighborhood
and
adjacent
neighborhood
organizations.
We
play
place
an
enormous
amount
of
Faith,
especially
as
a
CRA
in
the
city
council
and
in
the
city
government,
to
follow
the
laws.
AC
B
K
AC
U
State,
your
name,
Steve
michelini,
I,
think
that
they've
done
an
admirable
job
of
confusing
the
matter.
This
was
remanded
back
to
the
hearing
officer
for
clarification
and
additional
testimony.
It
was
extensive.
The
first
hearing
was
extensive
and
I
testified
on
the
record
and
I've
been
sworn
today.
There
were
three
partials
and
three
letters
that
I
hand
delivered
to
Gloria
Morada
20
years
ago,
and
I
have
sworn
to
that
and
that's
an
accurate
statement.
U
I
I,
don't
know
where
we
get
the
idea
that
there's
ambiguity.
That
was
the
process
and
there
was
no
requirement
by
the
city
at
that
point
to
have
an
authorization
from
from
the
property
owner.
It
was
a
long-term
lease
that
Jason
accordion
717
parking
had
on
that
property
and
the
transaction
for
sale
was
imminent
and
that
occurred
shortly
after
the
opting
Outlander
was
was
prepared.
U
They
examine
the
evidence
they
go
into
depth
and
they've
and
have
spent
countless
hours
examining
this
particular
request
for
a
reconsideration
on
behalf
of
the
of
the
property
owners,
whether
there's
one
or
there's
ten
people
that
get
up
and
say
we
don't
like
it.
That's
not
the
basis
of
this
request.
U
The
request
is,
did
they
meet
the
code
at
the
time
and
are
they
vested
and
the
city
staff
has
told
you
and
they
have
done
a
thorough
examination
of
the
record
and
they
said
yes,
you
have
met
the
record.
You
have
done
what
you
were
supposed
to
do
so
getting
up
and
saying.
Well,
it's
not
this
and
it's
not.
That
is
not
sufficient.
U
The
neighbors
had
an
opportunity
to
challenge
the
validity
of
each
of
those
documents.
They
didn't
do
it.
They
simply
said.
Oh,
it's
a
mystery
letter.
Well,
it's
not
a
mystery
letter.
All
three
of
those
on
all
those
different
Parcels
were
delivered
at
one
time.
I,
don't
know
why
one
slipped
out!
I
have
no
idea.
U
When
you
try
to
refute
testimony,
you
have
to
go
back
for
20
years.
You
can't
suddenly
in
2021
or
2022,
say
well.
We
don't
believe
it
or
the
city
staff
lied
or
the
city.
Attorney's
Office
lied,
they
didn't,
they
spent
an
extraordinary
amount
of
time,
and
you
have
to
look
at
the
legal
established
process
for
determining
that.
This
was.
L
U
This
was
a
legal
non-conforming
lot
when
we
went
through
this
process.
City
council
voted
to
remand
it
back
to
the
hearing
officer
with
very
specific
instructions,
and
then,
at
the
beginning
of
this
hearing,
the
city
attorney's
office
read
to
you
five
or
six
items
that
this
is
not
about.
This
is
not
about
the
letter,
not
about
the
zoning,
not
about
the
use.
It's
not
about
the
validity.
U
U
If
this
were
the
case,
anybody
could
come
up
later
and
say:
well,
we
don't
like
your
zoning
I,
want
you
to
take
it
away.
They
never
rezone
the
property,
they
had
yc6,
they
opted
out
and
they
retained
yc6,
just
like
the
other
properties
that
they
had
there
weren't
any
other
challenges
to
that
request
and
did
they
follow
the
code
absolutely
follow
the
code?
U
U
U
Eric
Cotton
went
back
to
the
legal
department
to
determine
initially
when
the
letter
and
the
additional
documentation
was
provided
and
the
legal
department
said
it
was
sufficient.
Then
we
went
to
a
hearing
officer.
The
hearing
officer
said
it
was
sufficient
and
on
the
remand
they
were
asked
to
determine
whether
or
not
there
was
an
appropriate
chain
of
custody.
Whether
they
had
followed
the
rules
and
the
hearing
officer
came
back
and
said
they
followed
the
rules.
U
So
I
guess
you
know
what
I'm
saying
to
you
today
is
what
other
process
at
the
time.
What
should
we
have
followed?
That
is
and
was
the
process
we
followed
it.
The
city
staff
analyzed
that
and
determined
that
that
was
accurate.
The
city
legal
department
looked
at
it
and
determined
that
it
was
accurate.
The
hearing
officer
looked
at
it
and
determined
twice
and
the
same
neighbors
came
up
and
they
they
used
the
same
objections
before
as
they
did
today
and
they
were
found
not
to
be
competent.
U
He
hasn't
spoken
yet.
But
if
you
ask
him,
I'm
sure
he'll
verify
that
the.
M
U
Officer
do
his
job,
he
did
his
job
twice
and
he
did
it
well,
and
there
was
extensive
testimony
in
both
of
those
hearings.
The
same
arguments
were
raised:
there's
no
chain
of
custody.
The
letter
is
a
magic
letter.
It
suddenly
appeared
and
I
have
told
you
on
the
record
and
a
sworn
testimony.
I
delivered
three
letters
to
Gloria
morena's
office
at
the
time
that
this
was
taking
place
and
there
was
an
area-wide
rezoning.
U
There
was
a
there
was
a
lot
of
of
discussion
about.
Do
you
want
to
be
opted
in
or
or
or
out,
and
because
it
affected
other
properties
of
the
Accardi
zone?
They
opted
out,
it
couldn't
be
more
simple
than
that:
it
didn't
rezone
the
property,
it
maintained
the
zoning
that
it
already
had
and
it
continued
on
and
there,
and
it
is
with
deference
to
the
attorney
Eric
Cotton
and
his
staff
didn't
rezone
the
property.
U
U
They
can't
get
permits
on
that
property
right
now
and
you
asked
about
what
they
were
doing,
and
this
has
gone
on
for
almost
two
and
a
half
years
now
and
it's
time
to
certify
the
hearing
officers,
his
orders,
his
both
his
orders
and
to
listen
to
the
city
staff.
The
city
attorney's
office
regarding
what's
happened
here,
respectfully
request
that
you
don't
get
get
confused.
You
don't
get
thrown
around
here,
but
well,
you
didn't
do
this
and
you
didn't
do
that.
That's
retrospect!
U
V
You
very
much
Mr
chairman
may.
Have
you
recognized
to
address
two
things
that
were
not
part
of
the
record
that
Mr
migolini
just
testified
to.
K
B
L
B
I,
do
okay
start
the
clock
and
yes,
sir
Mr
albergo
go
ahead.
R
Thank
you.
My
name
is
Nicholas
Alberto
I
am
a
party
I
live
at
1913
East
Fifth
Avenue
across
directly
across
the
street,
from
the
the
brass
so-called
parking
lot.
I
honestly
I
just
want
to
add
a
couple
of
things.
Well,
I
I've
been
an
engineer
and
have
owned
my
own
engineering
firm
and
in
this
town
for
30
years.
R
The
Hoops
I
generally
have
to
go
through
to
demonstrate
whether
or
not
a
letter
has
been
submitted
or
accepted
or
substantial
I
was
born
when
I
went
to
the
hearing
initially
and
found
at
the
at
that
time
that
a
letter
all
of
a
sudden
was
produced
at
the
hearing
after
the
point
at
which
supposedly
such
information
was
closed,
that
letter
was
submitted,
it
was
accepted.
R
We
didn't
even
get
a
chance
to
look
at
it,
but
I
would
urge
the
council
if
you
get
a
chance
to
look
at
it.
You
just
heard
Mr
nicolini
say
that
he
delivered
three
letters
at
the
same
time
21
years
ago.
Take
a
look
at
those
letters.
Two
of
them
are
identical
they're
in
the
file.
The
third
letter
that
supposedly
was
submitted
but
known
as
a
copy.
R
Doesn't
even
look
like
the
other
two
now,
if
in
fact,
they
were
in
fact
submitting
three
letters
at
the
same
time,
why
aren't
all
three
identical
they're?
Not
clearly?
The
letter
in
question
was
not
prepared
at
the
same
time,
nor
was
it
delivered.
At
the
same
time,
that's
I
think
an
extremely
important
distinction.
The
the
idea
that
Mr
mccullini
gets
up
and
says
they
were
leasing.
The
property
is
absolutely
false.
R
R
It
makes
no
sense
to
me
with
my
experience
with
the
city
of
what's
required,
to
to
get
a
decision
made
of
any
kind.
So
I
would
say
that
and
again
that
you
know
it's
such
an
inappropriate
use
as
it
is
I
know
this
isn't
a
testimony.
I
know
I'm
the
one
that
testified
as
well
as
others.
This
is
in
the
middle
of
a
of
houses.
R
AD
Hello
I
appreciate
the
time
Council.
My
name
is
Chris
Curry
I
am
a
party
in
this
process,
I'm
a
resident
of
Ybor
City
and
I'm.
AD
The
president
of
the
historic
ebore
neighborhood
civic
association,
Council
I,
submit
to
you
today
that
the
city,
the
attorney's
office
and
Zoning
administrator
and
the
special
magistrate
have
failed
to
perform
basic
administrative
and
investigative
duties,
they've
repeatedly
ignored
material
facts
in
favor
of
hearsay
and
unjustly
denied
Mr
Caldwell
and
others
like
myself
that
opposed
this
831
8
30
21
formal
decision
due
process
by
placing
the
burden
of
proof
on
Mr,
Caldwell
and
US
instead
of
Jason
Accardi,
eboard
properties
and
I'd
like
to
explain
why,
on
August
17
2021,
the
zoning
administrator
Eric
Cotton
issued
a
formal
decision
which
denied
Jason
accardi's
request
to
allow
the
property
located
at
6
1916
and
1918
East
Fifth
Avenue
Tampa
Florida
to
be
used
as
principal
use
parking
in
the
aforementioned
letter.
AD
It
states.
If
you
disagree
with
any
of
the
findings,
stated
in
this
determination
letter.
You
may
file
a
petition
for
review
section
21-61d
on
August
17
2021
that
same
day
at
901
a.m.
Jason
Accardi
forwarded
fdn
21
125
to
then
City
Attorney,
Gina
Grimes
via
email
and
asked.
Can
you
let
me
know
when
you're
available
to
discuss
this
denial
letter
from
Eric
Cotton
attached
now,
because
Mr
Accardi
objected
to
the
findings
in
fdn
21125
letter
dated
7
8
17
21.
AD
Mr
Accardi
then
was
granted
special
privileges
and
accommodations
by
the
city
attorney's
office,
which
violated
city
code,
2761,
petitioner,
review
2761,
D
time
for
pilot
filing
petition
for
review
and,
most
importantly,
2761
burden
of
proof.
The
petitioner
filing
a
request
shall
for
review
shall
have
the
burden
of
proof
on
8
31.
As
a
result
of
this
email
to
the
city,
attorney's
office
and
subsequent
conversation,
Eric
Cotton
sent
out
a
subsequent
letter,
reversing
the
817-21
formal
decision
and
allowing
the
parking
as
well
as
yc6.
AD
This
831-21
reversal
letter
is
based
on
a
letter
dated
3
8,
2
000
and
provided
to
the
city
of
Tampa
by
Jason
Accardi
Ebor
properties
in
April
of
2021..
The
city
had
no
record
of
its
existence.
Prior
to
this
on
eight
on
three
eight
two
thousand,
the
properties
were
not
in
fact
even
owned
by
e-board,
Properties
or
Jason.
Accardi,
what
the
city
of
attorney's
office
is
asking
you
to
do
today
is
to
ignore
these
basic
facts.
AD
They're
asking
you
to
ignore
the
fact
that
Jason,
Accardi
and
Ybor
properties
did
not
own
these
sub.
Subject:
Lots
on
three
eight
two
thousand
they're
asking
you
to
ignore
the
fact
that
the
city
of
Tampa
has
no
record
of
the
opt-out
letter
prior
to
April
of
2021
21
years
later,
they're
asking
you
to
ignore
the
fact
that
the
opt-out
letter
was
not
included
in
Jason
accardi's
written
request
for
formal
decision,
nor
was
it
entered
in
during
the
open
record
period.
AD
They're
asking
you
to
ignore
the
fact
that
the
opt-out
letter
has
many
material
differences,
including
letterhead
and
content
from
the
other
opt-out
letters
that
were
also
written
by
Jason
Accardi
and
actually
received
by
the
city
of
Tampa
in
2000.
The
opt-out
letter
also
only
CC's
one
of
the
actual
Property
Owners.
There
were
three
at
the
time
the
city
is
asking
you
to
assume
that
see.
Seeing
a
person
does
does
not
mean
that
they
received
a
copy
of
a
letter
and
they
agreed
to
what
the
letter
was
proposing.
AD
In
fact,
Gary
and
Karen
kirschner
were
never
mentioned
or
cc'd.
It
cannot
be
inferred
that
they
were
in
agreeant
or
aware
of
anything.
The
city
attorneys
is
asking
you
to
ignore
the
fact
that
no
lease
or
agent
affidavit
were
provided
by
Jason
Accardi.
Therefore,
it
cannot
be
assumed
or
inferred
that
he
was
representing
the
wishes
of
the
property
owners
at
the
time
the
city
attorney's
office
is
asking
you
to
ignore
that
Google
Street
View
clearly
states
that
these
properties
have
never
been
used
as
parking.
AD
Lots
also
ignore
the
testimony
of
the
38
residents
that
that
our
parties
to
this
proceeding
that
have
all
stated
that
these
parking
lots
have
never
been
used
in
parking
lots
and
also
the
fact
that
it
took
the
current
property
owners
21
years
to
figure
out
what
was
going
on
with
these
Council
I
believe
the
city
attorney's
office
has
attempted
to
mislead
and
misdirect
you
and
silence
public
comment
because
they
violated
the
code
and
failed
to
perform
basic
due
diligence
on
this
matter.
AD
It's
for
that
reason
that
I
ask
you
to
reject
the
recommended
order,
because
the
finding
of
fact
is
not
based
upon
competent,
substantial
evidence
contained
on
the
record
and
the
finding
effect
does
not
comply
with
the
essential
requirements
of
law
because
of
this
city
council
for
the
City
of
Tampa
should
affirm
the
petitioner's
request
and
deny
the
August
30th
2021
formal
decision
letter.
Thank
you
very
much
for
your
time.
Thank.
B
O
1
and
when
the
application
was
uploaded
into
a
seller,
which
is
the
portal
that
we
do
everything
that
letter
was
not
included
in
that
in
that
packet.
So
when
the
original
letter
was
issued,
I
might
I
don't
I
was
not
part
of
the
conversations
between
717
and
the
city
legal
department.
I
was
contacted
and
said
you
did
have
this
information.
It
should
be
part
of
the
record.
I
discussed
that
with
my
supervisor
we
did
have
that
discussion.
I
do
want
to
say
this
came
to
our
attention
and
I.
O
O
That's
what
started
this
entire
process
was
the
violation
from
code
enforcement
for
717
having
a
parking
lot.
They
put
up
a
sign
and
they
imagine
they
started
parking
cars
there
on
a
on
a
Saturday
or
Friday
or
Saturday
night.
That's
how
this
process
all
started
once
the
decision
was
rendered,
but
when
I
rendered
rendered
my
decision,
the
next
step
in
that
process
was
to
come
back
before
Council
for
a
scrivener's
error
to
correct
the
zoning
and
put
the
zoning
back
to
what
I
believe
was.
F
Marty
sought
me
if
I'm,
if,
if
we
venture
off
but
the
we
I
I've,
asked
earlier,
if
the
if
the
lot
is
currently,
if
there's
parking
currently
on
the
lot-
and
the
answer
is
yes
a
couple
that
the
members
of
the
public
just
said
that
it
was
not
that
it's
not
being
used
as
parking.
Do
you
know
the
current
status
of
it.
F
And
then
the
other
thing
is
you:
you
are
not
a
party
of
the
conversation
between
Mr
cardian,
the
City
attorney
Grimes,
but
you
consulted
someone
in
the
city
attorney's
office
and
you
consulted
your
supervisor.
That's
written
in
the
record
that
I
that
that's
here
I
have
underlying.
F
D
AD
F
Were
the
names
of
those
people
discussed
or
revealed
in
the
in
the
testimony.
F
D
2754
opened
records,
it
defines
how,
when
the
record
is
open,
so
you
receive
this
email.
Just
I
just
want
to
verify
it
wasn't
during
that
open
record
period.
That
is
correct.
So.
D
It
some
months
or
whatever
before
the
so
that
was
so
it
was,
it
would
not
have
been
a
part
of
that
file.
Now,
when
you
made
the
evaluation
to
rescind
that
letter,
did
you
consider
whether
or
not
that
letter
was
submitted
by
an
owner
of
the
property
or
not?
So
no.
O
D
W
B
B
We've
covered
the
the
online
folks.
Anybody
in
here
have
we
confirmed.
S
You
Susan
johnsonville's
legal
department
I
just
wanted
to
to
add
to
the
I,
guess,
staff
comments
but
and
point
out
again.
There
are
two
orders
here
that
the
hearing
officer
issued
after
receiving
evidence
and
testimony
at
two
different
hearings.
S
All
of
the
comments
that
I
heard
during
the
oral
argument
this
afternoon
were
presented
to
the
hearing
officer
at
one
or
both
of
the
hearings,
the
hearing
officer
considered
all
of
that
needs
the
caring
officer
officer
considered
and-
and
you
can
read
it
in
his
original
order,
as
well
as
his
amended
recommended
order.
He
heard
testimony
about
the
difference
in
the
letterhead.
He
rejected
those
arguments.
He
heard
testimony
about
various
different
things:
whether
the
owner
of
the
property
has
to
submit
an
affidavit
or
they'll.
S
You
know
to
authorize
somebody
to
submit
a
letter
on
their
behalf.
He
heard
all
of
those
arguments
and
he
rejected
those
arguments.
That
is
what
his
role
was
in
these
proceedings.
So
city
council
is,
you
know
considering
that
in
in
light
of
all
the
evidence,
but
but
all
of
the
arguments
that
you
heard
during
oral
argument
were
considered
by
the
hearing
officer
and
rejected
now,
city
council
has
the
opportunity
to
you
know,
modify
those
or
reject
those
and
we'll
give
you
that
standard
in
a
few
moments.
S
But
I
did
want
to
first
of
all
point
out
that
it
is
a
finding
in
the
orders
that
the
properties
are
used
for
parking
lots.
That's
not
me
lying.
That's
the
hearing
officer
making
a
specific
finding
in
both
of
the
orders
that
that's
the
use
of
the
property,
so
I'm
not
asking
you
to
believe
that
that's
what
the
hearing
officer
found
was.
S
F
F
The
hearing
officer
or
the
did
anyone
consider
what
was
his
letter
put
in
his
letter
was
put.
F
And
then,
and
then
was
former
City
attorney,
Grimes
interviewed
or
at
all
or
or
did.
F
She
did
not
and
then
is
it.
Is
it
normal
City
policy
that
a
City
attorney
speaks
to
a
an
applicant
within
a
day
or
a
few
days
of
of
someone
being
rejected.
F
Then
and
then,
but
we
also
heard
you
can
Recon
reaffirm
this-
Mr
cotton
said
that
the
the
attorney
he
spoke
to
was
not
interviewed
as
to
the
the
whether
this
document
was
real.
The
supervisor
was
not
interviewed
as
to
his
real
Miss.
Grimes
was
not
interviewed.
Is
it
real?
There
was
no
analysis
of
the
document
compared
to
the
other
two
they
were.
There
also
was
no
there's
no
City
policy.
Specific
related
to
that.
F
My
my
question
is
the
one
of
the
some
of
the
testimony
was
that
there
is
a
legislative
process
that
holds
if
there's
a
dispute
about
whether
a
document
is
real.
Was
that
discussed
in
the
hearing
at
all,
as.
S
S
The
hearing
officer
the
hearing
officer,
considers
relevant
law
and
I
can
I
can
point
to
you.
He
says
on
page
eight
beginning
on
page
eight
petitioners
argument:
the
city
should
have
filed
lawsuit
under
Section
71,
and
this
is
the
amended
recommended
order
under
Section
71.011
Florida
Statutes
to
re-establish
the
opt-out
letter
is
denied
because
the
opt-out
letter
was
introduced
into
evidence
at
both
hearings,
without
any
objections,
evidentiary
and
off
any
cites
a
case
for
the
proposition
that
evidentiary
and
authenticity
objections
are
waived,
if
not
raised
when
the
evidence
is
introduced.
S
Furthermore,
the
hearing
officer
States
section
71.011
Florida
Statutes,
does
not
mandate
that
in
municipality,
like
the
city
of
Tampa,
have
a
court
re-establish
a
document
before
a
zoning
administrator
can
consider
it
and
so
and
there's
nothing
I'm.
Sorry,
there's
nothing
in
the
code
that
speaks
to
reestablishing
the
document
in
either
the
formal
decision
process
or
the
petition
for
review
process.
F
But
but
as
council
member
Clendenin
just
said
that
the
code
has
this
open
record
period,
And,
so
wouldn't
that
have
superseded
these
other
arguments.
If
the
document
was
not.
F
K
J
C
Roman
numeral,
four,
where
it
states
formal
Rules
of
Evidence,
shall
not
apply
any
relevant
evidence
shall
be
admitted.
So
in
that
case
he
cites
to
a
law
that
I
believe
I
can't
testify
to,
but
I
suspect
it
is
something
that
is
perhaps
following
Florida
Statutes
with
regard
to
The
Rules
of
Evidence.
K
S
I'm
sorry,
Susan
Johnson
Leslie
was
apartment,
I
also
I
I
know.
There
was
also
comments
about
the
burden
of
proof.
I
know
it's
it's
tough
when
somebody
has
the
burden
of
proof,
but
the
code
and
again
it's
not.
It's
not
me
wanting
them
to
have
the
burden
of
proof.
The
code
establishes
that
a
petitioner
filing
a
request
for
review
has
the
burden
of
proof
and
I
know
throughout
here.
S
After
evaluating
the
testimony
and
evidence,
and
the
hearing
officer
found
after
hearing
everything
that
you
heard,
the
parties
and
non-party
participants
present
today
that
the
petitioner
did
not
carry
their
burden
of
proof
and
those
are
the
conclusions
that
the
hearing
officer
came
to.
After
conducting
the
two
hearings.
H
No
yeah.
Thank
you.
This
case
is
just
a
I'm,
a
Roger
different
things.
The
clerk's
office
got
no
records,
I
guess
the
no
TV
records
can
be
found,
I,
guess
and
recording
of
any
tapes
can't
be
found,
I
guess
no
records
and
archives.
I
guess
ycdc,
never
existed,
I
didn't
exist,
Gloria
didn't
existed,
we're
all
here.
We
don't
exist,
I,
don't
know
what
else
to
say
and
I'm
just
scanning
through
these
things
here
and
I
just
hit
one
here.
It
says
e
on
page
11.
H
K
Which
is,
if
I
understand
the
title,
it
is
amended
recommended
order,
denying
petition
and
affirming
formal
decision
decision
of
the
zoning
administrator.
Is
that
what
the
title
of
that
says
sure
I
got
to
find
the
title
Please
as
long
as
we're
on
the
same
page
for
the
record
I
appreciate
it.
H
I
have
this
is
from
the
David
Bailey
party
case
number
F21
125
1916
and
1918
East
Fifth
Avenue
party's
exception
to
amended,
recommended
order.
I.
K
H
H
S
Well,
we
have,
and-
and
that
was
the
final
thing
I
wanted
to
clarify.
So
there
was
again
statements
made
today
about
an
affidavit
that
Mr
nicolini
attempted
to
submit
at
the
remand
hearing
should
not
have
been
accepted.
So
the
hearing
officer
did
not
accept
that
affidavit.
He
said
to
Mr
michelini
I'm,
not
going
to
accept
it
because
you
didn't
submit
it
timely.
K
C
You
and
I
have
a
question
for
the
I
guess:
appellant
attorney.
If
I
may
I
I
want
to
be
clear
because
I,
how
shall
I
say
this
and
Mr
Shelby
I,
always
try
to
be
careful
if
I'm
saying
something
whatever
it
may
be.
Just
let
me
know,
but
I
I
heard
some
accusations,
including
I,
potentially
believe
from
your
client
about
the
about
misrepresentation,
intentional
misrepresentations
on
the
part
of
the
city
attorney's
office.
C
Yeah
no
you're
cool,
very
outstanding
women
and
I
want
to
see
how
relevant
that
is
to
your
position.
In
your
case.
Yes,.
V
Number
one
you
didn't
hear
from
my
client
today,
my
client's
not
physically
present.
V
Only
making
argument
on
behalf
of
my
client
I
certainly
did
not
suggest
or
if
I
ever
did.
I
would
definitely
correct
myself
that
there
was
any
lies
or
any
intentional
misrepresentations
from
the
city
attorney's
office.
I.
Don't
think
that's
what
this
case
is
about.
I
know.
Some
people
are
very
emotional
about
this
case.
I'm
a
lawyer
I'm,
looking
at
the
rules
I'm
just
looking
at
where
what's
the
rule
book
in
here
to
and
I,
don't
think
it
was
whether
or
not
there
was
any
intentional
effort
to
subvert
the
rules.
Frankly,
I
don't
think
is
relevant.
V
C
D
So
I
know
Mr
mclaney's
in
the
room,
but
I
think
the
attorneys
could
probably
answer
this
question
because,
what's
been
presented
in
the
record
has
been
presented
the
record
a
lot.
So
one
of
the
key
points
that
have
been
made
is
the
evidence
that
Mr
michelini
made
a
statement
during
the
hearing
that
he
had
personally
delivered
this
letter
outside
of
that
open
period.
But
did
any
did
any
I'm.
Sorry
during
the
open,
Period
I,
correct
myself,
but.
S
D
March
of
2000,
which
was
in
or
outside
of
the
open
period,
it
was
21
years
before
okay
I'll
be
way
before,
okay,
very
good,
so,
but
that
being
evidence,
Mr
michelini
is
a
professional
person
who
is
specific
comes
before
us
all.
The
time
was
with
it.
With
that
evidence.
Was
there
contemporary
diary
entries
calendar
entries,
copies
of
email,
anything
else
that
would
substantiate
that
evidence
to.
D
J
You
very
much
would
you
consider
the
verbal
testimony
a
record,
because
it
says
here
that
anything
after
I
mean
the
administrators
shall
consider
all
written
documentation
received
as
part
of
the
application
through
the
open
record
period
and
any
other
obtained
through
research?
So
is
this
research,
or
you
know,
conducted
by
the
zoning
administrator,
doesn't
need?
Is
it
a
record
you're.
J
S
S
L
J
F
F
That
the
copy
of
the
document,
the
the
third
document,
the
letter
that.
S
O
E
Me
when
you
receive
documentation
from
anyone
about
a
subject
property.
What
what
are
the
rules
to
make
sure
that
letter
attaches.
V
K
K
E
O
Sits
in
the
email,
it's
just
a
public
record.
We
receive
hundreds
of
emails
a
day
a
day
at
you
know
throughout
the
city,
when
somebody
sends
us
an
email
regarding
something.
It's.
J
M
O
F
Clinton,
stop
me
from
wrong.
If
this
isn't
the
record,
did
you
did
you
testify
once
that
you
received
the
letter
one
way
and
then
test
testify
a
second
time
that
you
received
it
a
different
way,
I,
don't
believe
so.
Okay,.
F
V
The
the
testimony
below-
and
this
might
help
to
visualize
the
timeline
is
that
in
April
of
2021
Mr
cotton
received
an
email
containing
that
letter.
This
was
prior
to
the
application
to
initiate
or
to
obtain
a
formal
decision
was
even
filed.
So
this
is
just
receives
a
random
email.
Then,
a
month
later,
the
application
to
receive
a
formal
decision
is
filed.
He
testified
to
that
below
that
it
wasn't
after
it
wasn't
part
of
the
application
packet.
It
wasn't
part
of
the
subsequent
open
record
period.
B
K
AE
E
Question
for
you,
Marty
and
I,
just
I
just
can't
find
it.
T
Okay,
so
where?
What
what
can.
S
E
T
L
Of
how
about
discussion.
F
Pleasure
of
council
can
I
clarify
one
thing:
the
folks
that
have
testified
already,
that
now
that
it's
closed
they're
not
allowed
to
speak
right.
The.
F
K
Let's
see,
let's,
let's
see,
let's
see
where
this
goes
like.
If
you
could
direct
your
questions
to
me,
if
not
that
the
hearing
has
to
be
reopened,
we'll
reopen
the
hearing.
S
K
B
B
K
K
If
city
council
determines
that
a
finding
effect
is
not
based
upon
confident,
substantial
evidence
in
the
records
or
that
a
finding
a
fact
does
not
comply
with
the
essential
requirements
of
the
law.
City
council,
May
remand,
the
matter
back
to
the
hearing
officer,
but
only
if
it
determines
that
additional
fact-finding
is
required,
and
that
was
the
finding
that
you
had
made
previously
when
you
remanded
it.
Now,
you
being
here
today
after
the
remand.
K
If
city
council
rejects
or
modifies
a
conclusion
of
law,
it
must
state
with
particularity
in
the
final
order,
its
reasons
and
must
make
a
finding
that
its
substitution
of
a
conclusion
of
law
contained
within
that
report.
Excuse
me,
content
within
that
recommended
order
is
as
or
more
reasonable
than
that
which
was
rejected
or
modified
and
again,
I
read
this
earlier.
If
city
council
direct
staff
to
prepare
a
revised
order,
the
revised
order
shall
be
transmitted
to
the
parties
and
non-party
participants
and
presented
to
city
council
within
45
calendar
days
for
adoption.
K
T
B
W
D
D
Okay,
you
know
I,
so
I
listened
to
all
of
this,
and
what
I
find
is
I
try
to
kind
of
peel
this.
You
know
it.
This
is.
This
is
an
interesting
onion
to
try
to
peel
all
the
way
back
to
get
to
the
core
and
part
of
what
I
see
is
I.
Try
to
find
the
original
sin,
and
it
seems
to
me
like
when
I
reviewed
and
looked
at
section
2754
of
city
of
Municipal
Code
about
the
open,
open
record
period.
D
It
says
upon
receipt
of
a
complete
package,
I'm,
sorry
application
and
payment
of
the
appropriate
fee.
The
zoning
Administration
shall
direct
the
applicant
to
provide
notice
as
follows.
So
you
had
to
have
a
complete
pack
application,
so
I
think
that's
where
we
have
to
kind
of
look
back
and
find
it
did.
Did
they
establish
a
complete
application?
D
D
So
when
I
weight
that
evidence
I
don't
find
that
to
be
substantial
evidence,
so
I
don't
as
far
as
finding
the
fact
that
so
that
decision,
just
with
all
the
other
things
that
we've
heard
and
all
the
other
things
we've
considered
I,
would
say
that
back
to
the
original
sin
of
like
when,
when
that
document
had
to
be
submitted,
what
the
city
had
to
have
received
wasn't
satisfied
based
on
competent
and
substantial
evidence,
and
you
know
I
could
discuss
and
have
a
lot
more
discussion
about
many
of
the
other
problematic
areas
of
this
case.
K
Shelby,
yes,
Council
I'm,
going
to
suggest
and
I
know
it's
perhaps
time
consuming,
but
as
a
result
of
this
discussion
as
part
of
what
your
motion
is,
is
to
prepare
an
order
and,
depending
on
what
that
is,
it'll
come
as
a
result
of
whatever
findings
are
made
by
this
Council.
So
there
may
be.
If
it's
council's
pleasure,
it
depends
on
what
your
direction
is,
certainly
but
that
discussion,
if,
if,
if
Council
wishes
to
go
in
any
particular
direction
other
than
accepting
adopting
the
recommended
order,
that
would
have
to
be
contained
in
your
final
order.
K
D
E
For
me,
the
Crux
of
the
matter
is
section
2454,
subsection,
B,
subsection.
Seven.
The
zoning
administrator
should
consider
all
written
documentation
received
as
part
of
the
application
and
through
the
open
record
period
and
any
other
relevant
information
obtained
through
research
conducted
by
the
zoning
administrator
or
designee.
E
And
for
me
that's
the
big
one,
because
Mr
cotton
said
that
that's
how
it
works.
He
saves
things
in
email
and
then
he
goes
to
them
when
he
needs
them
and
he
had
the
time
to
research
to
find
relevant
information.
And
that
wasn't
done.
And
if
that's
that,
if
that
was
his
fault,
it
whoever's
fault.
It
was.
The
issue
to
me
is
I'm
still
back
on
August
17th,
because
I
don't
believe,
because
the
the
applicant
didn't
provide
all
that
information
and
assumed
that
Mr
cotton
would
find
it.
E
That's
I
I,
don't
that's
an
assumption
if
I'm
an
applicant
I'm,
giving
way
more
and
and
normally
everything
that
comes
in
front
of
us,
we
get
so
much
more
information
than
we
need,
because
every
applicant
wants
to
make
sure
we
have
all
the
information
and
that
wasn't
done
here.
There
was
an
assumption,
and
so
what
happened
instead
was
the
City
attorney
was
like.
Oh
whoops,
you
forgot
something
but
here's
the
problem.
E
If
he
forgets
something
once
a
formal
decision
is
made,
there
is
a
process
for
for
fixing
that
and
you
simply
have
to
I'm
sorry,
it's
been
a
long
day.
What's
the
word
I'm
looking
for
you
petition
for
a
review
and
it
should
have
been
the
burden
of
the
applicant.
E
So
for
me
this
just
goes
back
to
August
17th,
and
you
know
we
all
are
very
busy.
Staff
is
wonderful.
We
are
human,
though
we
all
make
mistakes,
and
you
know
because
this,
this
email
wasn't
included
or
this
document
wasn't
included.
E
You
know,
ultimately,
though,
that's
the
that's
the
applicant's
mistake
not
and
and
to
to
penalize
another
party
for
the
applicant's
mistake,
I
I
just
think
is,
and
the
fact
that
it
was
rescinded
and
re
reput
is
just
unacceptable
and
I
I'm
absolutely
going
to
do
whatever
I
can
to
change
that
going
going
forward.
E
All
of
this
needs
to
be
redone,
because
this
is
confusing
to
the
public.
I
mean
it's
confusing.
To
counsel
I
basically
had
to
learn
law,
school
stuff
and
I
I
mean
I'm
confused
and
if
anybody
up
here
isn't
then
you
all
are
smarter
people.
E
Well,
maybe
maybe
our
actual
lawyer
here
and
he's
saying
he
doesn't
understand
it.
So
we
we
have
to
simplify
this
process.
This
isn't
a
side,
but
just
saying
for
me,
subsection
2754
B7
is
what
is
the
Crux
of
this.
For
me,.
F
There
was
no
record
of
what
the
City
attorney
said
or
the
supervising
officer,
but
somehow
they
made
a
decision
with
the
the
staff
person
to
rescind
which
the
evidence
has
been
stated
really
as
a
power
of
city
council,
the
the.
If
the
document
was
a
document,
sometimes
I,
guess
it's
possible
I've,
never
heard
of
it
happening
here,
but
it's
possible
that
a
government
could
have
lost
a
document
that
that
they
had
issued.
F
If,
if
the
city
had
sent
a
response
and
the
applicant
had
a
copy
of
the
response,
then
we
could
go
in
and
forensically
look
to
see
if
something
happened
to
the
city's
files.
But
in
this
case,
there's
no
evidence
at
all
that
the
city
ever
even
responded
and
there's
no
there's
no
evidence
that
that
the
city
received
this.
The
only
evidence
is,
is
one
person's
testimony
and
not
the
question.
F
You
know
that
person,
but
it's
it.
It
should
be
supported
by
other
evidence.
We
also
have,
although
it's
not
sworn
testimony
a
letter
from
the
owner
at
the
time,
by
the
way
the
property
was
not
owned
by
this
applicant
at
the
time
that
was
part
of
the
testimony
and
the
owner.
One
of
the
owners
at
the
time
wrote
a
letter
that
he,
which
is
in
the
record,
but
not
sworn
that
he
and
his
family
were
not
a
part
of
this
and
did
not
apply,
which
seems
to
contradict
some
of
the
other
evidence.
F
The
the
consistency
of
the
evidence
there's
been
testimony
about
how
the
two
letters
that
that
were
received
by
the
city
were
very
different
in
design
and
style
from
the
new
one
and
I'm
disappointed
that
nobody
did
any
kind
of
forensic
look
at.
F
You
can
look
at
printers
and
figure
out
what
model
they
are
and
figure
out.
The
model
is
from
2022
or
from
20
2002,
and
nobody
apparently
did
any
of
that.
There's
no
record
of
Gloria
Morada,
there's
no
there's
no
there's
no
log
of
of
someone
coming
into
the
building
that
day.
There's
no
video
presented,
I,
don't
know
if
they
had
it
at
the
time
and
then
also
there's
been
testimony.
F
Given
that
this
should
the
question
about
the
validity
of
the
document
which
everything
really
hinges
on
without
the
document,
the
burden
of
proof
is
on
the
applicant
that
it
should.
The
testimony
is
that
it
should
have
gone
to
a
court
to
decide
so
anyway,
that's
some
reminders.
H
Just
want
to
say
amazing,
if
I
may,
a
very
interesting
can't
prove
either
side,
but
my
problem
is
that
I
was
here
so
I
know
there
was
two
properties:
I
don't
know.
If
it
was
this
one
that
opted
out,
no
one
called
Gloria
moretto
or
no
one
asked
her
I
guess
what
she
remembered,
because
she's
the
one
that
did
the
presentation
for
the
city
and
there
was
a
lot
of
property
owners
from
Ybor
City
involved.
H
K
And
just
Mr
Miranda
I
appreciate
you
sharing
that
and
and
what
your
recollection
is
frankly
for
I
understand
the
relevance
of
it
to
you.
But
when
you
make
your
decision,
then
it
should
be
again.
The
application
and
I'll
bring
it
to
your
attention.
Specifically
your
review
of
the
findings
of
fact
and
the
basis
of
the
conclusions
of
Law
and
those
are
listed
out.
The
conclusions
of
law
are
listed
out
on
page
nine,
starting
on
nature,
page
nine,
and
that
is
letter
V
inclusions
of
law.
K
They
are
listed
one
through
ten
through
Page
11
and
again,
if
there
are
differences
with
the
interpretation
or
the
law
that
was
used
or
the
essential
requirements
of
the
law,
as
you
have
applied
them
to
be
relative
to
the
facts,
that's
where
the
discussion
must
go.
This
I
will
grant.
You
is
very
different
than
your
usual
review
hearing.
There
was
a
time
that
other
reviews
in
the
city
perhaps
went
this
way,
and
this
is
not
a
de
novo
review.
That's
the
point.
K
I
want
to
make
and-
and
it's
not
re-weighing
evidence
and
it's
not
a
modifying
or
rejecting
findings
of
fact,
but
it's
a
very
formal
process.
That's
the
way
this
section
of
the
code
is
set
up
and
that's
the
requirement,
so
whatever
Council
decides
it
just
has
to
be
in
compliance
with
the
essential
requirements
of
law.
This
decision,
this
decision,
like
your
other
decisions
in
a
quasi-judicial
hearing
due
process,
competent,
substantial
evidence
and
the
essential
requirements
of
law,
have
they
been
met
and
again,
your
decision
also
has
to
follow
those
rules
too.
Councilmember
I'm.
D
Me
say
one
more
thing:
yeah,
two
more
two
more
points.
As
far
as
observations
code,
2753,
C2,.
D
It
seems
to
me
that
the
decision
to
rescind
that
letter
overstep
the
authority
of
this
of
the
ozonian
administrator,
so
I
think
that
would
be
in
a
violation
of
that,
based
on
what
I
heard
and
what
I'm
reading
here,
2753
that
that
he
extended
be
above
and
beyond
his
his
role
and
acting
as
a
zoning
administrator
by
rescinding
that
second
letter,
which
kind
of
tossed
us
into
this
chaotic
State.
Secondly,
I
think
I
want
to
double
down.
D
I
know
that
councilman
Carlson
hit
at
it,
but
I
want
to
double
down
that
Jason
Accardi
or
his
subsidiaries
were
not
owners
at
the
time,
but
this
property.
This
letter
was
submitted,
or
due
and
so
I
I
question,
even
the
validity
of
of
the
legal
authority
of
them
to
be
able
to
submit
that
letter
during
that
period
of
time,
as
they
were
not
landowners
or
or
or
in
that
piece
of
property,
and
that
if
a
letter
was
going
to
be
submitted,
be
somebody
that
would
that
would
be
have
land
ownership.
E
You
I
moved
to
reject
the
recommended
order
and
the
amended
recommended
order.
I
move
to
reject
the
recommended
of
the
hearing
officer
for
fdn
21-125
according
to
City
of
Tampa
code,
section
27,
61,
subsection,
J,
subsection,
I,
subsection
e
subsection
3
for
the
following
reasons
that
the
zoning
administrator
did
not
adhere
to
27-54
B7
that
they
shall
consider
all
written
documentation
received
as
part
of
the
application
and
through
the
open
record
period
and
any
other
relevant
information
obtained
through
the
research
conducted
by
the
zoning
administrator
or
designee.
E
Also
I
find
the
conclusions
of
law
number
one.
On
page
nine
of
page
11
of
the
petition
that
the
petitioner
has
standing
to
and
properly
And
Timely
challenged,
I,
don't
think
the
petitioner
has
standing
because
I
don't
think
they
did
I,
don't
think
that
the
formal
decision
was
decided
or
the
second
formal
decision
was
was
appropriate.
The
first
formal
decision
should
have
good
and
a
conclusion
of
law.
Number
four
requires,
basically
what
I
just
said
in
subsection,
27
or
27-54-b
7
of
the
Tampa
city
code.
E
That
requires
the
zoning
administrator
to
consider
all
of
these
things.
That
didn't
happen
in
the
initial
one
and
six
the
position.
The
petitioner
argues
that
the
current
property
owner
did
not
have
authority
to
make
the
request.
We
we
have
it
here
that
on
a
letter
by
the
owner,
that
says,
that's
not
something
that
they
were
interested
in
at
the
time.
So
I'm
going
from
all
of
this
information.
I
am
happy
to
take
some
amendments
from
friendly
amendments
from
my
Council
Brethren
I.
L
E
F
Want
a
second
at
first
I
would
I
would
amend
with
Marty's
approval.
I
would
amend
to
say
that
the
hearing
officer
should
have
done
more
due
diligence
or
or
forensic
investigation,
particularly
because
we
remanded
it
to
them
and
there
there
was
no
thoroughness
of
it.
There
was
no
forensic
look
at
the
documents
there
were.
There
was
no
additional
testimony.
F
The
City
attorney
was
not
interviewed
the
the
attorney
that
Mr
cotton
consulted
was
not
interviewed
and
his
supervisor
was
not
interviewed
and,
and
so,
since
the
burden
of
proof
was
based
on
that
document,
the
the
hearing
I
was
the
the.
What
do
you
call
it?
Yeah.
T
E
F
Officers
should
have
been
been
done,
a
more
deeper
research
on
those
documentation
and
also
should
have
recommended
that,
in
the
case
of
a
dispute
that
they
follow
section
71.011
of
the
Florida
statute
to
resolve
the
the
efficacy
of
the
document.
We.
B
D
I'd
like
to
also
add
to
that
that
this
is
finding
the
fact
that
the
city
of
Tampa
has
no
record
of
receiving
the
opt-out
letters
dated
before
April
of
2021
and
that
the
verbal
testimony
received
by
Steve
by
Mr
mcilini,
submitted
that
he
had
personally
delivered.
That
letter
is
is
not
competent
or
substantial
evidence
to
to
prove
that
the
the
letter
was
in
the
city's
hands
at
that
time.
Do.
F
B
F
Right
and
and
I'll
add
another
amendment
to
say
that
there's
been
test,
there
was
testimony
that
that
can
be
income
in
a
comparison
of
the
three
documents,
the
two
that
were
accepted
by
the
city
and
the
one
that
was
discovered.
The
format
and
design
style
were
different.
B
F
E
K
K
K
If
you
reject
or
modify
a
conclusion
of
Law
and
it
sounds
like
you're
rejecting
a
law,
you
must
state
with
particularity
for
your
final
order,
it's
reasons
and
must
make
a
finding
that
a
substitution
of
law
that
your
substitution
of
law,
what
that
is,
and
what
was
your
emotion
again?
Did
you
make
I.
K
K
E
K
B
K
B
K
Happen
is
your
next
step,
then,
depending
on
how
this
outcome
of
this
motion
is
we'll
have
to
deal
with
that
when
it
comes,
but
as
long
as,
if
there's
any
other
additional
findings
that
Council,
based
on
what
you've
heard
oral
arguments
from
any
member
of
council
to
include
in
that
motion.
This
would
be
the
time
to.
B
B
F
E
To
make
a
mention
that
council,
member
Clendenin,
when
he
talked
about
the
facts
relating
to
the
opt-out
letter
and
and
the
authenticity,
that's
law
number
seven,
so
we
we
are
covering
most
of
them
and
then
I
want
to
add
number
eight.
The
city
interprets
a
code
to
permit
the
exclusion
of
property.
E
The
city's
interpretation
of
its
code
must
be
accepted
unless
the
interpretation
is
unreasonable
or
clearly,
erroneous
and
I.
Believe
it
was
yes,
my
finding
is
that
it
was
unreasonable
and
clearly
erroneous.
E
Yes,
yes,
so
that's
that's,
and
if,
if
Mr
Carlson
accepts
my
amendment.
B
I
am
done,
council
member,
her
Tech
has
made
a
motion
council
member
Carlson
has
seconded
this
motion
added
an
amendment
then
council,
member,
clenden
and
added
another
amendment.
Those
amendments
were
all
accepted.
Is
there
any
other
discussion
if
not
I'll
ask
for
a
roll
call,
Vote
Yes,
sir
council
member
Viera,
councilwoman
Henderson.
C
Thank
you
two
things.
If
I
made
this
in
in
councilman
Clinton,
if
you
don't
feel
I,
I
hate
being
asked
questions
by
people
put
on
the
spot
Etc,
you
had
said
that
potentially
Mr
riccardi
did
not
even
own
the
property
at
the
time.
Are
you?
Are
you
comfortable
to
explain
going
into
detail
as
to
why.
D
Yeah
I
believe
we
heard
evidence
that
that
that
was
a
that
was
a
statement
of
fact
that
Mr
Cartier's
subsidiaries
did
not
own
the
property
that
it
was
owned
by
three
other
individuals
and
that
they
had
a
for
a
few
months,
not
quite
a
year
that
they
had
had
a
lease,
but
they
were
not.
They
were
not
property
owners
of
the
property.
At
the
time
when
that
letter
was
submitted
to
opt
out,
okay.
C
The
one
that
Mr
nicolini
testified
to
yes,
okay,
thank
you
and,
and
then,
if
I
may,
if
I
made
to
Mr
Shelby
the
the
testimony
by
Mr
michelinius
to
give
in
the
letter
the
what
is
the
the
the
requisite
standard
on
on
evidence,
that
can
be
admissible
for
us
to
rely
upon
for
such
a
for
such
an
assertion.
I'm
tired,
no.
C
To
make
sure,
yes,
sir,
for
the
assertion
that
Mr
nicolini
handed
over
this
letter,
his
testimony,
what
is
the
the
standard
of
evidence
that
such
a
assertion
must
be
compared
to
I?
Guess
if
you
will,
or
or
set
to.
K
J
E
Number
eight
page
page
10
of
11
of
the
petitioners
oh
or
a
few
proceedings,
because
that's
what
he
had
asked
us
to
reply
to
what
were
the
conclusions
of
law
because
it
says
in
there
that
the
city's
owned
interpretation
of
its
code
must
be
accepted
unless
the
interpretation
is
unreasonable
or
clearly
era.
That
whatever.
E
I
did
find
it
unreasonable
because
be
going
back
to
seven
with
the
opt-out
letter
and
its
authenticity.
I
just
I
I
found
it
unreasonable
that
they
would
find
that
authentic.
E
K
N
M
K
E
K
D
Yes,
that
that
is
was
part
of
my
findings
when
I
was
listening
to
the
the
testimony
was
the
so
starting
with
C
limitations
on
written
determination
and
application
for
written
determination
shall
be
limited
as
follows.
D
Under
no
circumstances,
zoning
administrator
permitted
to
Grant
exceptions
to
the
actual
meaning
of
any
Clause
standard
or
regulation
contained
in
this
chapter
to
any
person,
making
an
application
to
excavate
construct,
move,
alter
or
use
either
a
building
or
structure
or
land
or
the
zoning
administrator
is
not
permitted
to
make
changes
to
this
chapter
to
or
to
vary
the
terms
of
this
chapter
for
carrying
out
their
duties,
except
to
specifically
set
forth
in
this
chapter.
Due
to
that
limitation
and
on
the
zoning
administrator's
Authority.
B
Was
that
was
my
Amendment?
Thank
you.
Anybody
else
call
for
a
vote.
We
have
a
motion
from
councilwoman
her
tax,
every
council
member
Carlson,
with
all
accepted
amendments,
roll
call.
K
K
It
says
that
and
I'm
going
to
read
in
this
case.
If
the
city
council
rejects
I,
read
that
already,
if
city
council
directs
staff
to
prepare
a
revised
order,
the
revised
order
shall
be
transmitted
to
the
parties
and
non-parties
and
presented
to
city
council
within
45
calendar
days
for
adoption.
Now
that
should
be
a
motion.
If
that's
Council
wishes
to
make
that
as
a
motion,
and
then
it
depends
with
regard
to
staff,
could
direct
the
City
attorney
to
do
it.
You
can
direct
me
to
do
it.
You
could
direct.
K
D
K
Was
that
actually
what
they'll
do
is
they'll
have
to
do
it?
If
I
can
inquire
of
Staff?
How?
How
does
it
get
turns?
Does
it
get
brought
back
to
council?
Does
it
have
to
go
through
sire?
Does
it
have
to
be
placed
on
an
agenda,
or
how
do
we
handle
that?
Do
you
have
an
opinion?
If
you
have
an
opinion,
you
don't
have
an
opinion.
K
Okay,
it
has
to
be
transmitted
to
the
parties
and
presented
to
council.
Do
you
wish
to
within
45
calendar
days
for
adoption,
so
it
has
to
be?
If
you
want
to
schedule
it
45
days
out,
somebody.
W
K
L
V
I'd
like
to
say
my
objection
on
the
record,
then
my
objection
was
as
the
prevailing
party
being
excluded
from
the
process
of
drafting
an
order
since
Miss
Johnson
velez's
office,
should
it
be
appealed
will
be
the
one
seeking
to
find
error
in
that
order.
I
think
I
should
be
involved
as
part
of
drafting
it,
whether
in
conjunction
with
the
city,
attorney's
office
and
Mr
Shelby,
or
just
myself
and
Mr
Shelby,
but
I,
don't
think
it's
appropriate
for
the
party
who.
K
D
K
D
D
So
why
don't
we?
Why
don't
we
simplify?
Why
don't
we
simplify
this?
Let
me
restate
my
motion.
I
I
I
would
like
the
city
council
direct
Marty
Shelby
to
draft
this
revised
order
by
and
submit
it
to
City
Council
on
August,
24th
and
then
city
council
to
take
action
based
on
the
information
that
you
provide
us
at
that
date.
L
E
E
While
someone
is
married,
while
someone's
calculating
the
45
days,
Mr
Shelby,
it
says
that
the
revised
order
shall
be
transmitted
to
the
parties
and
non-party
participants
and
presented
to
city
council
within
45
calendar
days
for
adoption.
Does
that
in
your
professional
opinion,
mean
that
the
parties
and
non-party
participants
need
to
get
it
before
it's
presented
to
city
council,
because,
in
my
view,
I
would
I
would
think
that
the
parties
and
non-party
participants
should
have
ample
time
to
review
it.
K
This
is
a
closed
hearing.
You've
made
your
decision
now
we
have
to
come
back
with
an
order
that
comports
with
your
decision.
Okay,
okay-
and
what
happens
then
is
it
is
really
there's
not
going
to
be
an
opportunity
necessarily
for
oral
argument
on
it.
It
either
meets
council's
criteria
for
being
a
reflection
of
what
its
order
is,
or
it
needs
to
be
amended
to
be
corrected.
E
Okay,
well,
July
27th
should
be
within
the
45
Windows.
T
K
And
when
that,
how
and
that's
going
to
be
set
for
it
now
mind
you,
this
is
still
a
quasi-judicial
matter
and
your
order
is
not
prepared
yet.
So,
in
this
case,
your
decision
is
not
final,
in
the
sense
that
this
is
still
a
pending
matter.
So
I'm
going
to
advise
you
to
not
comment
with
the
public
or
engage
in
ex
parte
Communications
about
this
matter.
If
you're
contacted
by
the
press,
it
would
be
inappropriate
to
comment
on
it.
You
are
still
in
a
a
matter
that
is
still
pending
and
I'd.
F
Mr
Shelby
everything
you
just
said
gets
back,
and-
and
this
is
why
I
want
to
say
it
before
we
finalize
this
gets
back
to
the
potential
conflict
of
the
city
attorney's
office.
If
the
city
attorney's
office
could
not
speak
to
me
before
the
this,
because
they
because
it
would
be
ex
parte
communication.
F
That
means
that,
during
the
period
after
this
that
they
also
cannot
speak
to
us
because
of
ex
parte
communication,
if
they,
if
they
cannot
speak
to
us
because
of
export
to
commute,
that
means
that
they
have
a
conflict
and
so
I
I
mean
it
seems
to
me
that
that
an
outside
attorney
would
say
we
cannot
have
them
do
that.
The
second
thing
is
that
the
app
the?
F
What
do
you
call
it
petitioner
attorney
just
said
sorry
to
put
words
in
your
mouth
or
paraphrase,
but
you
just
said
that
there's
a
possibility
that
the
city
attorney's
office
would
appeal
for
the
zoning
administrator,
correct
and
so
I
want
to
make
sure
there
are
only
two
two
there.
There
is
not
a
judicial
branch
of
the
city.
There
is
a
legislative
branch
and
an
executive
branch.
The
legislative
branch
has
just
ruled
on
what
we
want:
there's
no
right
of
the
City
attorney
to
go
against
what
the
legislative
branch
says.
B
B
S
Ahead,
Susan
johnsonville's
legal
department,
the
city
is
not
a
party
to
this
petition
or
the
formal
decision.
We
have
the
petitioner
and
we
have
the
property
owner
and
we
have
neighbors.
The
city
is
not
a
party
is.
G
W
F
S
There's
no
ex
parte
communication
from
this
point.
I
think
I
think
councilman
Carlson
when
you
and
you
spoke.
It
was
to
the
effect
that
there
was
a
hearing
today
and
that
the
questions
that
you
had
were
addressed
in
the
amended
recommended
or
that
you
would
be
considering
today
and
that
what
I
advised
was
that
you
we
wait
until
the
hearing
and
then
we
could
address
and
and
and
detail
the
findings
of
the
hearing
officer
at
today's
hearing,
as
opposed
to
you
know,
in
a
separate
conversation.
F
My
experience
in
the
past,
with
some
elements
of
the
city
attorney's
office,
is
that
is
that
they
haven't
fully
represented
City
council's
ruling
and
I
want
to
make
sure
that
anybody
listening
knows
that
the
legislative
branch
of
the
half
the
city
government
just
made
a
decision
and
the
legal
department
needs
to
go
with
that
decision
or
they
need
to
come
back
to
city
council.
That's
the
main
thing
I
want
to
say
thank
you.
B
E
I
was
just
going
to
say:
if
there's
any
confusion
about
it
because
of
this
ex
parte
communication,
if
we
have
any
concern
and
it
does
have
to
go
to
Legal
if
it
does
go
to
court,
we
have
attorneys
on
retainer
who
could
take
it
over
if
we
felt
that
was
necessary.
So
there
are
options.
B
L
B
B
L
L
L
L
L
L
L
L
L
L
B
B
B
B
A
B
councilmember
Miranda
Public,
Safety
Committee,
four.
Through
nine,
we
have
most
accounts
from
Miranda.
We
have
a
second
second
council
member
Henderson,
all
in
favor
aye,
any
opposed
council
member
Henderson.
You
have
10
and
11.
B
B
Second,
we
have
a
motion
from
council
member
Carlson,
seven
councilman,
all
in
favor,
aye,
aye,
aye,
all
right
council
member
Miranda
of
the
finance.
H
Committee
on
21
I
move
20
two
through
twenty
six,
no.
B
B
W
F
I
just
want
to
say,
I've
brought
up
economic
development
in
the
EDC
and
I
won't
belabor
this,
but
the
the
two
biggest
successes
the
EDC
has
had
in
the
last
four
years.
F
One
of
them
was
Pfizer,
which
Adam
Hardin
has
testified
more
than
once
that
he
was
responsible
for
not
them,
but
the
other
one
was
CAE,
which
was
moving
its
its
Global
headquarters
to
Tampa
and
that
I
attended
that
announcement
in
2019.
They
have
the
article
I
didn't
print
it
out,
but
I
have
the
article.
Just
a
few
months
ago
they
announced
that
they're
not
moving
their
corporate
headquarters.
Here.
F
This
is
a
relatively
small
amount
of
money,
and
it's
it's
just
for
the
qti
program,
which
is
verified
by
the
state,
but
the
principle
of
it
is
that
is
that
the
the
model
of
the
EDC
is
is
an
old
model.
Two
or
three
of
the
clients
they've
had
in
the
last
four
years
have
gone
out
of
business,
and
we
need
to
stop
this
model
of
subsidizing
companies.
F
This
one
was
the
is
the
biggest
failure
this
that
the
EDC
in
their
12
or
13
year,
history,
and
it's
it's
really
embarrassing
for
our
community-
that
that
happens
so
I'm
voting
no
on
this
councilman.
D
Move
file
number
bzp2382077.
D
Yeah
I
move
items
43
through
43
through.
B
W
B
AF
AF
B
AF
AF
I,
provided
council's
attorney
with
packets
containing
2761
of
the
code,
the
process
for
review
of
board
decisions,
section
27-111
of
the
code,
the
intent
and
public
policy
relating
to
Architectural,
Review
and
section
27-115
of
the
code
relating
to
the
certificate
of
appropriateness.
Additionally,
I
have
included
the
procedures
for
this
hearing
and
Sample
motions
to
assist
you
at
the
end
of
the
hearing,
you'll
be
glad
to
know
that
we're
going
back
into
familiar
territory
and
the
council
will
apply
a
de
novo
standard
of
review
in
this
matter.
AF
This
means
that
the
city
council
is
not
limited
in
its
review
to
the
information,
documentation
or
other
evidence
upon
which
The
Arc
based
its
decision.
The
council
will
follow
all
applicable
ordinances
and
standards
in
arriving
at
its
decision
and
may
receive
new
evidence
at
this
hearing.
In
a
moment,
Mr
Dennis
Fernandez
will
provide
an
overview
of
the
application
and
the
arc
decision.
Following
the
hearing
the
city
council
may
take
one
of
three
actions.
You
may
affirm
the
arc's
decision
and
deny
the
petitioner's
request.
AF
You
may
remand
the
matter
back
to
the
arc
for
further
proceedings,
with
specific
directions
to
The
Arc
and
indicating
the
basis
for
the
remand
back
to
the
arc
or
the
city
council
May
overturn
the
decision
of
the
arc
and
approve
petitioners
request
for
a
certificate
of
appropriateness,
so
I'm
happy
to
take
any
questions
you
have
about
the
process
at
this
time
and,
if
not
I'll
turn
it
over
to
Mr
Fernandez.
Do.
B
You
have
any
questions
at
this
time
from
council
members.
You're
none
count,
Mr
Fernandez.
Yes,
sir
council
member
is.
W
K
D
D
AG
An
application
was
submitted
to
the
architecture,
review
and
historic
preservation
office
on
January
24th
2023.
It
was
assigned
the
case
number
Arc,
23
131
on
April
5th
2023
The
Arc
reviewed
the
case
for
the
subject:
property
it
is
located
at
831.
South
Delaware
is
a
contributing
structure
which
was
built
in
1917.
It's
located
in
the
Hyde
Park
local,
historic
district.
A
contributing
structure
is
a
historic
resource
that
was
constructed
through
the
period
of
significance
for
the
area
and
retains
its
historic
character.
AG
The
map
on
the
Elmo
is
the
1929
Sanborn
map,
the
subject
properties
indicated
in
the
green
box.
You
can
see
that
it
is
present
in
the
location
and
verifies
its
presence
as
a
contributing
structure.
Here's
the
aerial!
You
see
some
of
the
density,
the
subject:
property
fronts,
Delaware.
AG
This
is
the
The
Bungalow
structure.
In
its
condition,
there
is
construction
going
on
see
some
of
the
original
Windows.
These
are
some
a
portion
of
the
windows
that
are
being
requested
for
removal
and
replacement.
They
are.
There
are
17
of
them,
they'll,
further
shot
kind
of
showing
the
side
area
moving
along
the
side.
You
have
some
of
the
original
Windows
present
in
the
foreground.
AG
AG
Approval
of
the
rear,
Edition
included
the
the
incorporation
of
new
windows
to
comply
with
the
Florida
building
code,
the
product
approval
requirements
of
the
Florida
building
code,
the
windows
reviewed
by
The
Arc
during
the
march
22
public
hearing
were
identified
as
wood
windows
on
the
drawings
presented,
some
of
which
were
the
original
on
the
original
portion
of
the
building.
But
aluminum
plaid
windows
were
substituted
at
the
time
of
Permitting.
That
was
a
detail
that
was
missed
by
the
reviewer,
so
the
aluminum
clad
windows
were
approved
for
permitting,
but
never
authorized
by
the
architecture
review.
AG
Are
notated
as
wood
double
hung
Windows
some
of
those
windows
were
approved
in
portions
of
the
original
structure,
which
is
usually
reserved
for
historic
windows,
but
were
were
represented
as
wood
windows
in
the
drawings.
There
was
a
minor
footnote
in
the
window
schedule.
Although
the
windows
schedule
identified
the
windows
as
wood,
there
was
a
minor
footnote
that
said
that
all
the
existing
windows
are
to
be
inspected
and
replaced
with
metal
or
vinyl.
Clad
wood
double
hung,
Windows
impact,
insulated
glass,
low,
E,
clear.
AG
So
now
part
of
the
applicant's
justification
for
continuing
the
aluminum
windows
on
the
original
portions
of
the
house
were
that
there
was
this
over
over
miscommunication
of
window
types
at
the
time
of
permitting
the
remaining
windows
that
exist
on
the
historic
structure,
number
17
on
the
front
and
sides
of
the
house,
the
decision
of
which
now
is
the
subject
of
today's
review
in
making
its
determination
for
certificates
of
appropriateness
under
27,
115.
AG
During
the
April
fifth
public
hearing,
the
staff
report
that
was
presented
to
the
board
did
find
a
conclusion
for
the
window
replacement
as
inconsistent,
and
it
did
cite
references
to
both
the
Hyde
Park
design
guidelines
and
the
Secretary
of
interior
standards.
For
the
subject
of
that
determination.
AG
Moving
to
the
design
guidelines,
some
language
that
is
typically
referenced
for
these
types
of
applications,
those
that
seek
to
modify
original
materials
I
want
to
just
kind
of
read
through
those
for
you.
The
key
to
a
successful
Rehabilitation
is
maintaining
characteristic
details
and
historic
fabric.
If
replacement
of
any
existing
material
is
essential.
Materials
similar
in
proportion
and
style
to
the
original
should
be
used.
AG
Saving
the
rotted
Parts
made
labor
later
assist
in
matching
for
Replacements
items
such
as
wood,
siding
and
soffits
fascias
and
brackets,
and
wood
sash
windows
and
doors
often
can
be
restored,
or
at
least
duplicated.
Moving
on.
In
that
particular
section,
it
clarifies
that
it
is
permissible
to
replace
deteriorated
materials
with
materials
that
match
as
closely
as
possible
to
the
proportion
and
detail
of
the
original
material,
and
also
that
it
is
not
permissible
to
add
uncharacteristic
to
the
material.
AG
For
example,
aluminum
siding,
vinyl,
siding
or
metal
frame,
Windows
Etc,
once
the
guidelines
then
address
specifically
windows,
windows,
screens,
shutters
and
awnings,
and
they
state
that
it
is
permissible
to
repair
the
existing
window
and
wood
trim,
use,
use
the
repaired
window
in
the
existing
repaired
window
frames
and
that
it
is
not
permissible
to
replace
sound
wood.
Sash
windows
and
Frames
replace
wood
screen
Windows
with
metal,
SAS
windows
and
frames.
AG
AG
AG
The
Secretary
of
the
Interior
standards
is
a
guideline
provided
by
the
Secretary
of
the
Interior
through
the
National
Park
Service.
It
presents
10
principles
that
should
be
adhered
to
in
the
approach
to
preservation
to
the
preservation
of
materials,
the
repair
of
materials
and
to
the
replacement
of
materials.
AG
These
are
the
10
standards
that
deal
with
Rehabilitation,
specifically
in
this
particular
application
standards.
Two
five
and
six
I
think
become
relevant.
The
historic
character
for
property
will
be
retained
and
preserved.
The
removal
of
distinctive
materials
or
alterations
of
features,
spaces
and
spatial
relationships
to
characterize
the
property
would
be
avoided
and
then
also
distinctive
materials,
finishes
features
and
construction
techniques
are
examples
of
craft
specific
to
characterize,
the
property
will
be
preserved
and
then,
lastly,
deteriorated.
Historic
features
will
be
repaired
rather
than
replaced
when
the
severity
of
deterioration
requires
requires
the
replacement
of
a
feature.
AG
There
is
a
consideration
of
Technical
and
economic
and
feasibility
for
preservation.
There
are
some
buildings
that
are
historic
buildings
that
tend
to
be
challenging
to
meet
codes.
The
the
design
standards
apply
to
the
entire
the
the
sector,
the
interior
standards
apply
to
the
entire
nation
and,
as
that
they
tend
to
be
generalized.
AG
The
preservation
programs
typically
rely
on
local
preservation,
ordinances
for
the
specific
specificity
in
architectural
view,
but
it
does
under
replacement,
say
replacing
kind,
an
entire
window
that
is
too
deteriorated
to
prepare
to
repair
using
the
same
SAS
and
pain,
configuration
or
other
details.
AG
AG
The
National
Park
Service
always
provide
supplemental
information
through
briefs,
and
this
is
a
document
that
talks
about
which
Windows
meet
the
standards
and
I
want
to
just
kind
of
call
a
couple
things
out
on
this,
because
it
does
give
more
of
a
specific
depth
of
information
on
Window
materials.
It
says
replacement
windows
on
primary
Street,
facing
or
highly
visible,
elevations
of
building
of
three
stories
or
less
must
match
the
historic
window
and
all
their
details
and
in
material
wood
for
wood
metal
for
metal.
AG
L
B
Right
next
up,
we
have
the
the
petitioner,
they
say
your
name,
sir.
You
have
15
minutes
to
present
hi.
AH
AH
AH
To
be
approved,
but
it's
very
heavy.
So
can
you
look
at
this
window?
The
inside
is
wood
and
the
entire
frame
is
wood,
but
when
you
get
to
the
outside
instead
of
painting
it,
it
has
an
aluminum
clad
on
it.
So
it's
a
very
thin
layer
of
aluminum,
clad
on
the
outside
of
the
wood
part
of
the
window,
and
so
on.
My
next
slide.
AH
We
can
bring
up
The
Arc,
wrongly
denied
the
request
for
certificate
appropriateness
to
replace
windows
in
the
front
part
of
the
house,
with
aluminum
wood,
clad
Windows,
to
match
the
new
addition
windows.
So
we
have
29
windows
that
the
city
already
permitted
and
approved,
and
on
the
next
slide
we
can
see.
Arc
wrongly
contends
that
the
law
requires
Hyde,
Park,
wind
Windows,
to
be
replaced
with
all
wood
windows.
The
old
wood
windows
are
an
inferior
product.
AH
So
the
blue
shows
the
the
windows
are
already
approved,
29
windows
and
then
the
yellow
perspective
shows
windows
that
I'm
requesting
the
certificate
of
appropriateness
on
today
so
that
they
all
match.
So
we
have
all
windows
in
the
entire
house
that
match
and
the
next
slide
shows
another
perspective.
So
this
is
on
the
other
side.
Again
blue
is
where
they've
all
been
approved.
Yellow
is
what
we're
requesting
for
today
and
on
the
next
slide
shows
the
front
of
the
house
again.
Yellow
is
what
we're
requesting
to
be
approved.
AH
Blue
is
already
approved
and
we're
just
trying
to
get
them
to
all
match.
Okay
and
the
next
item.
These
are
the
current
original
windows
on
the
right.
You
can
see.
They're
riding
they've
been
painted
and
nailed
shut
for
25
years.
It's
not
feasible
to
repair
them,
they
don't
meet
building
code,
they
have
very,
very
thin
panes
of
glass
in
them.
My
neighbor's
son
hit
a
wiffle
ball
at
one
of
my
windows
and
it
broke.
AH
So
these
are
not
any
type
of
windows
that
are
going
to
comply
with
any
type
of
hurricane
standards
or
impact
standards
whatsoever.
The
next
line
so
on
the
right
is
the
proposed
window.
It's
the
Weather
Shield
Window
on
the
left
is
one
of
the
old
windows
that
was
pulled
out
of
the
house.
You
can
see
they
match
exactly
in
shape
and
size,
the
number
of
panes,
the
mullions
and
everything
else.
It's
an
exact
match.
Next
slide,
it's
a
beautiful
historical
design,
it
matches
in
size,
operation,
appearance
and
the
grills.
AH
AH
If
you
buy
the
window,
that's
only
wood
and
you
paint
the
outside
of
it.
Then
they
give
you
a
10-year
warranty
on
it.
So
it's
an
economic
issue
of
how
frequently
do
you
have
to
replace
your
windows?
Do
you
want
the
windows
you
have
to
replace,
or
they
only
have
a
warranty
of
10
years
or
do
you
want
the
30-year
warranty
from
the
street?
There's
no
way
to
tell
that
this
window
has
aluminum
clad
on
it
versus
is
all
wood.
The
exterior
is
maintenance
free.
AH
AH
AH
Next
item,
so
on
the
right,
you
can
see
the
windows
that
were
approved
through
permitting
those
are
the
exact
windows
I
have
in
here.
You
can
see
that
from
the
street
on
the
left
are
three
Windows.
Those
are
old
windows
and
the
arc
is
denied
the
request
to
certificate
or
appropriateness
for
those
three
windows.
AH
Things
have
changed,
the
Hyde
Park
design
guidelines
I,
think
were
from
1990
and
things
have
changed
over
the
years.
The
quality
of
wood
has
decreased.
So
if
you
look
on
the
right,
you
see
1918
wood.
You
can
see
how
narrow
the
lines
are
between
the
wood.
That's
like
when
the
house
was
first
built
back
in
1915,
we
had
Hardwood.
AH
Nowadays
you
have
the
sapwood
that
will
rot
quickly.
It
doesn't
tolerate
the
harsh
environment,
shorter
warranty,
so
10
years
versus
30
years
and
higher
maintenance
costs
so
to
sand
and
paint
the
outside
of
each
window
is
about
175
dollars,
and
the
manufacturer
recommends
to
do
that
every
five
years
ago.
AH
Okay,
next,
this
was
just
a
receipt,
not
a
receipt,
actually
just
an
estimate
talking
about
how
much
it
costs
to
paint
the
exterior
of
the
window
so
175
dollars
times.
17
Windows
is
2
975
dollars
every
five
years.
If
you
have
wood
windows
or
zero,
if
you
have
the
aluminum
cladding
on
it
next
slide.
AH
So,
over
the
last
30
years,
Windows
have
changed
30
years
ago,
this
particular
window
that
you're
looking
at
was
not
available.
They
were
not
able
to
make
a
wood
window
and
then
have
aluminum
extruded
aluminum
cladding
on
it,
and
the
quality
of
wood
has
decreased
over
the
years
next.
AH
So
this
is
the
Hyde
Park
design
guidelines,
section
27-274
of
the
city
code
says
the
Hyde
Park
design
guidelines
is
hereby
adopted
by
reference
and
therefore
has
the
force
and
effect
of
Law,
and
when
you
read
through
these
and
I've,
read
through
them
very
closely.
Nowhere
in
there
does,
it
say:
wood
window
must
be
replaced
with
wood
window,
it
does
not
mandate,
wood
windows,
and
nowhere
in
that
does
it
say
that
you
cannot
use
an
aluminum
clad
wood
window.
Nowhere
in
the
design
guidelines
as
I
say
that
next
slide.
AH
What
it
does
say
is
it
is
important
to
maintain
the
original
size,
shape
and
design
of
the
windows.
It
is
also
important
to
retain
the
wood
trim
that
frames
the
window.
Opening
the
window
that
we
have
that's
proposed
meets
those
requirements.
Next
slide
design
guidelines
also
say
it
is
permissible
too,
and
it
has
what's
written
there
that
I
can't
quite
see.
AH
Let
me
see
if
I
can
pull
that
up
says
it
is
permissible
to
replace
existing
windows
with
new
windows
of
size
proportion
and
window
pane
pattern
as
close
to
the
original
as
possible,
and
when
the
original
windows
cannot
be
restored,
so
it
doesn't
say
it
has
to
be
wood
for
wood.
It's
mostly
going
for
look
to
make
sure
that
they
look
the
right
way
and
that
they
match
what
was
originally
there
next
slide.
AH
It
is
not
permissible
to
alter
the
over
all
sides
of
the
window,
we're
not
doing
that.
It's
not
permissible
to
alter
the
window
pane
pattern
of
the
windows,
we're
not
doing
that.
It's
not
permissible
to
change
the
operation
of
the
windows,
we're
not
doing
that
and
the
bottom.
It
says
it's
not
permissible
to
add
or
rearrange
windows
on
the
street
facades.
We're
not
doing
that.
We're
replacing
the
exact
same
size
for
size,
a
Windows
being
added
should
match
existing
window
size
proportion
and
design.
Again,
it
doesn't
say
anything
about.
AH
It
says
the
RC
will
use
the
Hyde
Park
design
guidelines
as
a
basis
for
review
of
all
applications
for
certificate
Appropriations
and
then
what
it
says
is
that
the
most
frequent
use
of
the
Secretary
of
interior
standards
is
for
federal
tax
incentives
for
certified,
Rehabilitation
and
I
was
not
trying
to
get
any
type
of
federal
tax
incentives.
Arc
is
not
qualified
to
approve
any
type
of
federal
tax
incentives,
but
that's
what
the
design
guidelines
say
that
the
Secretary
of
inferior
standards
are
most
often
used
for
is
for
getting
the
certified
rehabilitation
next
slide.
AH
It
recognizes
this
is
the
design
guidelines,
the
top
there
recognizes
it
says
the
Secretary
of
interior
standards
and
the
design
guidelines
are
different.
Secretary
of
interior
standards
and
I
underline
there
says,
may
be
used
as
a
guide
by
The
Arc
in
reviewing
certificate
of
appropriateness
and
then
the
bottom.
It
says
contemporary
design
for
alterations
and
additions
to
existing
properties
shall
not
be
discouraged
when
such
alterations
and
additions
do
not
destroy
significant
historical,
architectural
or
cultural
material,
and
such
design
is
compatible
with
a
size
scale.
AH
Color,
material
and
character
of
the
property
and
I
would
suggest
that
a
aluminum,
clad
wood
window
is
a
contemporary
design.
That
should
be
accepted
next
slide,
and
so
this
is
what
the
arc
just
put
up.
If
you
look
at
it,
it
says
historic
preservation,
tax
incentives,
that's
not
what
we're
doing,
and
this
is
where
the
wood
for
wood
language
comes
from.
The
wood
for
wood
language
is
not
in
the
design
guidelines.
AH
The
wood
for
wood
language
is
not
in
the
Secretary
of
interior
standards,
but
this
document
that
came
out
that
says
historic
preservation
is
the
first
place
that
you
see
wood
for
wood
next
item,
so
these
standards
are
over
30
years
old
and
a
lot
has
changed
in
those
30
years.
We
now
have
beautiful,
historically
accurate,
long-lasting,
aluminum-clad
wood
windows
that
look
identical
to
the
original
windows,
and
this
Weather
Shield
Window
is
not
available
30
years
ago.
AI
AH
So
this
is
an
exception
to
the
material
requirement
of
the
secretary
interior
standards.
So
if
it's
not
technically
or
economically
feasible,
then
they
allow
a
different
material
and
I
would
suggest
that
wood
is
no
longer
technically
or
economically
feasible,
because
the
quality
of
the
wood
is
not
as
good
next
page,
and
so
the
cost
is
the
same.
So
if
I'm
going
to
put
an
all
wood
window,
that's
impact
resistant
or
I'm
going
to
put
an
aluminum
clad
window.
That's
good
quality
window
like
this.
It
looks
good.
AH
AH
You
have
to
replace
them,
I
put
down
15
years,
since
they
have
a
10-year
warranty,
so
that's
another
45
900.
Then
you
got
to
do
more
maintenance
on
them
and
then
year
30
replace
both
of
them.
So
a
hundred
and
three
thousand
for
All
Wood
versus
forty
five
thousand
nine
hundred
for
aluminum
wood,
clad
windows.
So
for
the
economic
feasibility
exception,
I
would
suggest
that
the
aluminum
Wood
Cloud
windows
are
much
less
expensive.
We
go
to
the
next
slide,
so
this
is
the
old
city
Firehouse.
AH
It
is
a
residence
in
Hyde
Park
and
they
approved
aluminum,
clad
wood
windows
in
this
building
and
it's
they
were
manufactured
by
Marvin.
Go
to
the
next
slide.
AH
This
is
where
the
arc
approved
it.
It
said
this
project
is
consistent
with
a
Hyde
Park
design
guidelines
and
the
interior
standards.
It
was
approved
by
a
four
to
zero
vote.
What's
interesting
is
the
agent
on
it
was
John
Prokop?
He
is
now
on
the
arc
board,
so
he
went
in
front
of
the
arc
to
get
this
project
approved
to
get
aluminum
Wood
Cloud
Windows
approved.
But
then,
when
I
go
in
front
of
him
as
a
member
of
the
arc,
then
he
rejected
my
certificate
appropriateness
for
that
next
page.
AH
AH
Here
we
are
in
beautiful
city
hall,
it
has
all
aluminum
windows
and
it
apparently
met
the
Secretary
of
interior
standards.
If
you
go
to
the
next
slide.
This
is
where
the
staff
report
recommended
aluminum
windows.
The
city
spent
a
lot
of
time
getting
custom.
Aluminum
windows
made
for
this
particular
structure
and
got
them
approved
and
they
were
found
to
meet
the
secretary
interior
standards
next
slide.
AH
That's
where
it
was
approved,
six
to
one
for
aluminum
windows
for
city
hall,
and
then,
if
we
go
to
the
next
slide,
gory
Elementary,
probably
one
of
the
most
historic
structures.
We
have
in
High
Park,
it
has
aluminum
windows
in
it.
Next
slide:
Wilson
Middle
School,
one
of
the
more
historical
structures
we
have
in
Hyde
Park
built
in
1915.
It
has
all
aluminum
windows.
AH
So
you
can
turn
off
the
PowerPoint
now
so
I
had
several
people
here
to
speak
this
morning
at
10
30,
but
they
weren't
quite
motivated
to
stick
around
all
afternoon
and
and
such,
but
in
the
record
there
are
emails
from
about
seven
people
that
have
recommended
that
this
be
approved
and
I
do
want
to
make
sure
that
everything
goes
into
evidence.
I,
don't
know
how
we
work
with
that,
but
everything
that's
in
the
Spire
system
that's
been
filed.
AH
If
we
can
make
sure
that
that's
part
of
the
evidence
and
part
of
the
record
in
case
they're,
any
type
of
a
pellet
do.
K
AH
AH
So
it's
a
window
made
with
a
composite
material
called
fibrex,
it's
60
plastic
and
40
percent
wood
and
the
arc
approved
that
for
one
of
my
neighbors
at
823,
South
Delaware,
and
it
would
seem
to
me
if
we
could
improve
a
mostly
plastic
window.
If
we
can
improve
all
aluminum
windows,
then
we
should
be
able
to
prove
a
high
quality
aluminum
plywood.
Thank.
J
You
know
this
is
this
is
tough
for
me,
considering
that
I
live
in
historic,
Tampa,
Heights
and
I
have
wood
frame
windows,
and
it's
not
a
personal
issue
for
me
because
initially
I
understand
Dennis
Hernandez's
job
and
everything
that
he
presented.
J
But
then
you
came
up
here
and
you
really
presented
a
good
presentation
and
showed
all
of
this
evidence
of
where
we
have
aluminum
windows,
even
in
the
building
where
we
sit
today
and
now,
you've
made
it
a
very
challenging
and
compelling
argument,
especially
when
it
comes
to
the
maintenance
aspect
of
it
and
I.
That
is
something
that
I
can
understand
and
relate
to
and
I
know
that
you're
telling
the
truth
on
that
I
I'm
trying
to
understand
why
the
first
part
of
your
windows
was
approved.
Can
someone
explain
that
to
me.
AJ
D
I,
maybe
I
was
like
drifting
off,
but
when
the
city
or
was
presenting
this
your
site
plans
for
the
construction
on
the
addition
to
the
home,
it
showed
that
it
was.
It
was
plotted
out
to
be
wood
windows
and
at
least
they
they
made
a
statement
that
the
only
reason
that
it
got
through
is
it
was
a.
It
was
a
mistake
by
the
city
inspector
of
not
seeing
that
these
were
not
wood
windows,
but
that
you
had
specced
out
wood
windows
for
the
entire
building.
Is
that
not
correct.
D
But
that,
but
that
was
not
it,
that
they
did
that
without
and
that
was
not
within
it.
So
you
basically
I
mean
me
putting
words
in
their
mouth
that
you
kind
of
got
by
with
that,
but
if
they
had,
if
they
had
enforced
the
existing
rules,
you
would
you
would
not
have
been
able
to
use
those
windows
in
the
new
construction.
No.
D
AH
D
And
I
know
you
brought
up
these
other
buildings,
but
I
see
a
big
difference
in
in
the
one
that
they're
they're,
very
larger,
more
you
know,
obviously
school's
a
educational
facility,
but
very
large.
You
know
commercially,
you
know
kind
of
facility
and
then
the
one
is
a
restored
firehouse
on
a
commercial
Street
in
our
arterial
Street,
not
necessarily
within
the
confines
of
a
historical
neighborhood.
So
it's
kind
of
it's
kind
of
disingenuous
to
present
these
north
of
swan
properties.
D
AH
D
D
They
said
high
rises
and
stuff,
but
they
were
talking
about
these
different,
various,
very
different
buildings
of
how
they
utilize
this
building
material,
which
I
think
probably
is
more
applicable
to
like,
where
we're
sitting
here
in
city
hall
or
Wilson,
or
you
know
at
one
of
these
schools,
you
know
is,
is
kind
of
that's
kind
of
it
looks
at
least
for
me,
that's
what
it
looks
like
they.
AH
Talk
about
three
stories
or
higher,
so
I
can
understand
for
this
structure,
but
all
these
buildings
had
solid
wood
windows
when
they
were
first
built
right,
and
so,
if
you
were
trying
to
rehab
them
and
restore
them,
so
they
were
original,
then
you
would
put
in
wood
windows
to
replace
them.
If
you
could
build
wood
windows
in
1915,
where
you
can
certainly
build
a
wood
window
now.
B
AE
B
K
Thank
you,
and
that
is
Pam
Canela
and
Jenny
Smith.
Thank
you.
Two
additional
minutes
for
a
total
of
five
thank.
AK
AK
The
Hyde
Park
preservation.
Inc
board
is
here
to
ask
Tampa
City
Council
to
uphold
the
decision
of
the
Architectural
Review
commission
to
deny
a
certificate
of
appropriateness
for
831,
South,
Delaware
Avenue
on
the
matter
of
replacing
wood
windows
on
the
original
structure,
with
aluminum,
clad
windows
prior
to
the
arcing.
Our
board
reviewed
this
and
after
a
lot
of
deliberation,
we
decided
to
oppose
it
and
we
cited
in
our
original
motion
and
letter
that
was
sent
to
the
arc
that
it
was
inconsistent
with
the
Hyde
Park
design
guidelines.
AK
Two
of
our
board
members
even
testified
at
the
arc
to
this
effect.
When
we
learned
that
Mr
Parker
was
appealing
the
arc's
decision,
we
once
again
convened
at
a
board
member
board
meeting
and
reviewed
it
again
very
extensively.
The
board
voted
a
second
time
unanimously
to
oppose
putting
in
these
substitute
windows.
AK
We
cited
the
Hyde
Park
design
guidelines
and
the
Secretary
of
interior
standards,
which
are
both
very
clear
about
something
that
I
want
to
emphasize.
The
standards
are
different
when
you're,
adding
on
to
your
house
versus
what
you
can
do
on
the
original
footprint,
and
we
were
clear
about
that.
It's
also
very
clear
on
the
standards
that
you're
supposed
to
make
every
attempt
to
restore
the
windows,
in
my
words,
I
think
he
should
have
frankensteined
it
from
the
windows
he
took
out
in
other
places.
He
didn't
that
ship
has
sailed.
AK
Okay.
Now,
since
we've
had
all
these
board
conversations
and
everything
I
went
back
and
painstakingly
watched
the
one
hour
and
42
minute
Arc
hearing
on
this
and
I
read
all
50
pages
of
the
applicants
filing
I'm
going
to
boil
it
down
to
two
things.
I
think
he
makes
two
arguments.
First,
he
argues
there
is
no
relevant
standard
requiring
him
to
replace
wood
for
wood.
Second,
in
his
appeal,
he
says:
well,
if
that
argument
fails,
then
I
should
get
a
feasibility
exception.
AK
AK
The
original
material
is
wood.
That's
what
needs
to
go
when
you're
working
on
the
footprint
of
the
house.
I
have
first-hand
experience
with
this.
I
have
100
year
old
Bungalow,
when
I
was
doing
things
to
the
front
original
part
of
my
100
year
old
Bungalow
I
had
to
match
the
materials
when
I
built
onto
the
back
of
the
house.
I
was
allowed
more
latitude
to
put
in
substitute
materials.
It's
very
clear:
that's
not
ambiguous.
The
second
backup
argument
about
feasibility
does
not
hold
water.
AK
Having
large
windows
that
can't
be
replicated
in
wood
in
today's
building
code
was
why
those
were
granted
and
I
also
know
that
schools
are
often
exempt
from
complying
with
with
codes.
It
sometimes
gives
us
some
pain
in
the
historic
district
because
they
don't
have
to
follow
the
same
rules,
but
that
that's
the
law,
so
also
the
assertions
about
durability
and
maintenance
are
not
credible
to
me.
Neighbors,
who
will
come
after
me,
are
going
to
cite
a
number
of
renovation
projects
where
people
are
following
the
guidelines
and
replacing
wood
with
wood.
AK
Those
of
us
who
purchase
property
in
the
historic
district
have
every
right
to
assume
that
the
protections
that
govern
the
local
historic
district
will
actually
be
upheld.
We've
invested
money
hours,
love
labor
into
protecting
our
homes.
This
appeal
has
a
direct
bearing
on
the
property
values
and
the
quality
of
life
of
all
of
us
in
the
historic
district.
AK
If
Council
overrides
the
decision
of
the
arc,
then
others
could
appeal
rules
on
various
levels.
This
could
make
our
special
historic
district
disappear.
Authentic
preservation
is
not
making
something.
Look
like
it's
old.
It's
actually
applying
the
preservation
guidelines,
laws,
rules,
standards,
Tampa
is
comprised
of
a
mosaic
of
neighborhoods.
Each
of
them
have
special
characters
should
be
protected.
Each
deserves
to
be
protected
with
by
enforcing
the
already
codified
rules
in
Hyde
Park.
AK
We
rely
on
the
arc
it's
staffed
by
individuals
with
professional
expertise
and
ongoing
training
to
interpret
these
local
and
National
standards
I
and
the
hppi
board
in
closing,
ask
you
to
affirm
the
arc's
decision
to
deny
the
certificate
of
appropriateness
based
on
the
authority
of
both
the
Secretary
of
interior
standards
and
the
Hyde
Park
design
guidelines
that
govern
this
matter.
I.
Thank
you
for
your
service
on
City
Council,.
AL
AL
Or
good
evening,
after
this
long
evening,
my
name
is
Patrick
chamino
I'm,
president
of
the
historic
Hyde
Park
neighborhood
association,
I,
live
in
the
historic
district,
of
course,
and
I
want
to
share
what
I
consider
competent
and
substantial
evidence
that
one-
and
this
came
up
in
the
expansion,
local
historic
district,
and
thank
you
all
for
approving
that
who
is
we're
involved.
The
local
government
is
empowered
to
regulate
preservation.
AL
It's
well
established
and
I'll
show
the
code
in
city
code
empowering
The
Arc,
using
the
historic
Hyde
Park,
the
Hyde
Park
historic
guidelines,
as
well
as
Department
interior
standards
to
to
do
this,
the
regulation
and
the
Secretary
of
interior
standards
and
the
Hyde
Park
guidelines,
both
state
wood
for
wood
replacement.
So
I'm
not
going
to
go
into
this
this
our
attorney
mentioned
in
the
when
we
expanded
the
district.
However,
the
this
is
from
Florida
State,
University
law
review
sort
of
corroborating.
What
I
said
local
governments
can
in
fact
regulate
preservation.
AL
AL
This
is
a
an
excerpt
from
the
the
standards,
the
department
of
interior,
that,
when
you
replace
materials,
you'll
match
your
old
materials
in
composition,
I
just
replace
windows
in
my
house,
casement
wind
is
100
years
old,
they're,
wood,
all
wood,
so
basically
hhp
a
strongly
recommends
that
the
city
council
affirm
the
arc's
denial
of
the
request
to
replace
wood
windows
with
aluminum,
clad
windows.
By
denying
this
appeal
and
recognize
the
aarc
is
empowered,
they're
expert.
This
was
a
unanimous
vote
in
the
arc
and
it's
consistent
with
the
Department
of
interior
and
local
historic
guidelines.
AL
AM
We're
here
and
I'm
here
representing
the
board
to
express
our
strong
acquisition
to
the
applicant's
request
to
use
unapproved
materials
for
Windows
on
the
property
located
at
831
South
Delaware
Avenue.
We
believe
that
upholding
the
established
guidelines
and
maintaining
the
Integrity
of
our
local
historic
district
is
crucial
for
preserving
our
community's
character
and
Heritage.
The
hpscca
mouthful
fully
supports
the
decision
recommendations
by
The
Arc,
the
expert
body,
recognized
expert
body
responsible
for
assessing
improving
design
and
construction
proposals
within
our
neighborhood.
AM
The
arc
composed
of
qualified
professionals
with
extensive,
extensive
expert
knowledge
and
Architectural
preservation
have
meticulously
reviewed
the
applicant's
requests
and
concluded
that
the
proposed
materials
do
not
comply
with
the
guidelines
set
forth
on
our
local
historic
district.
It's
also
important
to
note,
in
a
personal
note,
to
myself.
Most
of
council
was
here
for
this.
That
city
council
recently
voted
to
expand
the
boundaries
of
our
local
historic
district,
expanding
Hyde
Park,
reaffirming
its
commitment
to
preserving
the
architectural
Heritage
of
our
community
and
importantly
dolbyville.
AM
This
decision
was
made
in
recognition
of
the
historical
significance
of
our
neighborhood
and
the
importance
of
maintaining
the
aesthetic
Harmony
that
defines
it
and
maintaining
preserving
the
history
in
our
Hyde
Park
area.
By
upholding
the
guidelines
established
for
our
historic
district,
we
not
only
honor
our
past
but
ensure
our
sustainable
and
vibrant
future.
We
respectfully
urge
city
council
to
uphold
the
decision
of
the
arc
and
deny
the
applicant's
request
for
unapproved
window
materials.
AM
Y
My
name
is
Harold
Walker
and
I'm,
a
38-year
resident
of
Hyde
Park
at
901
South
Delaware
to
begin
I
would
like
to
I
got
here
early
this
morning,
not
quite
as
early
as
y'all
and
I'd
like
to
you
know,
tip
my
hat
to
your
durability
as
well
as
ability
heard
quite
a
bit
about
historic
preservation.
I
heard
quite
a
bit
about
preservation.
Y
Recently,
there
was
some
media
recognition
to
some
council
members,
the
memorial
cemetery,
Park
cleanup
effort,
the
Jackson
house
renovation
effort
and
would
like
to
sincerely
thank
you
for
for
all
those
efforts.
Y
Y
The
the
applicant
mentioned
several
things
that
were
causing
his
request
for
the
aluminum-clad
windows
and
I
would
like
to
bring
up
a
few
things
that
might
counter
those
number
one
in
the
400
or
some
houses
in
the
historic
High
Park
area,
from
Rome
East
North
to
Swan,
South
and
East
to
Bayshore.
Y
There's
a
ton
of
renovation
going
on
quite
a
few
additions.
Y'all
are
aware
of
that.
I
did
a
sampling
of
recently
I'm,
not
sure.
If
I'm
doing
this
upside
down.
Okay,
that's
the
first
time
I've
done
that
shows
14
different
homes
that
either
have
recently
been
completed
or
under
construction
of
those
14
homes,
three
of
which
are
on
Delaware.
Y
Beyond
that,
this
is
just
a
small
sampling
of
the
amount
of
renovation
that's
going
in
in
the
neighborhood
amongst
this
group,
there's
14
projects
for
all
wood
window
suppliers
and
five
different
contractors.
These
five
different
contractors
have
been
are
and
will
be
active
in
the
Hyde
Park
area
because
of
their
recognition
and
support
of
the
arc
guidelines.
Y
Or
less
they're
made
out
of
wood,
they
have
a
limited
lifetime
warranty
window
materials
just
as
an
FYI
do
not
denote
the
glass
they
denote
the
wood
frame.
So
these
windows
are
all
custom,
so
the
homeowner
buyer
can
put
in
Hurricane
glass,
whatever
the
case
may
be
real
wood,
easy
on
the
environment,
wet
weather
protection,
tough
on
termites,
our
house
upside
down.
Again
we
have
56
wood
windows,
double
hunger,
casement,
all
wood,
38
years
prepped
and
painted
twice.
Y
Last
I
know
I'm
a
severe
violation
here
is
a
an
addition,
not
contributing
piece
of
the
house
versus
contributing
a
difference.
All
wood
windows
we'd
like
to
thank
historic
preservation,
City
of
Tampa
Thank
The
Arc.
Thank
you
very
much
and
appreciate
your
denial
of
this
appeal.
Thank.
AI
Good
afternoon
or
evening,
Barry
Carpe
715
South
Boulevard
during
the
arc
hearing,
comments
were
made
by
the
applicant
which
I'm
here
to
clarify
or
refute
wood
windows
require
sanding
and
painting
and
as
a
cost
incurred
every
four
to
five
years,
which
impose
an
economic
hardship.
According
to
his
testimony,
when
asked
at
the
arc
hearing,
how
many
times
has
the
applicant
painted
his
windows?
He
replied
two
times
in
20
years.
AI
He
made
the
app
he
made
the
the
point
that
the
wood
windows
today
are
made
of
pine
and
not
very
good
quality.
However,
research
shows
that
one
manufacturer
Marvin
Windows,
offers
wood
windows
not
only
in
Pine
but
also
in
Douglas
fir
and
mahogany
I
offer
my
own
personal
I
was
on
that
list.
AI
June
2020
architectural
products
installed
16
Sierra,
Pacific
wood
windows
at
my
house,
I
had
them
primed
and
painted
with
a
high
quality
exterior
paint
since
the
installation
three
years
ago,
they're
showing
no
signs
of
deterioration.
I
have,
however,
had
my
home
pressure
washed
and
have
had
wood
siding
repaired
performed
on
the
house,
but
the
wood
windows
are
holding
up
just
fine.
AI
AI
AI
Finally,
the
restoration
of
existing
Windows
would
not
meet
hurricane
rated
or
wiffle
balls.
However,
the
wood
today
the
panels
today
offer
meet
the
newest
Florida
building
codes
and
are
available
and
are
custom
made.
Many
options
for
glass
with
different
ratings
are
available,
but
this
is
not
the
issue.
The
wood
frames
are
we've
shown.
Many
homeowners
in
Hyde
Park
are
installing
various
wood
windows
which
Meet
The
Arc
design
guidelines
and
the
Florida
building
code,
my
wife
and
I
in
vested
in
wood
windows
that
comply
with
The
Arc
guidelines
and
we
are
they're
holding
up
fine.
AI
AO
AO
AO
Thank
you.
My
name
is
Blythe
creelin
and
I
live
at
810
South
Orleans
Avenue
I
am
here,
along
with
my
neighbors,
to
ask
you
to
support
the
decision
made
by
the
Architectural
Review
commission
to
deny
a
certificate
of
appropriateness
for
aluminum,
clad
windows
on
the
original
structure
at
831
South
Delaware
Ave,
which
is
in
my
historic
neighborhood.
AO
The
character
of
the
local
historic
district
of
Hyde
Park
relies
on
the
enforcement
of
the
Hyde
Park
design
guidelines,
as
well
as
the
underlying
Secretary
of
interior
standards.
Both
of
these
are
clear
that
original
windows
are
to
be
replaced
only
with
Windows
of
the
same
material
and
composition
if
the
original
ones
cannot
be
restored,
the
rules
are
different
for
additions,
but
this
this
request
is
for
the
original
footprint
of
a
contributing
structure.
The
Arc
is
authorized
by
city
code
to
make
decisions
about
coas
with
Reliance
on
both
the
local
guidelines
and
the
national
standards.
AO
The
applicant
has
not
presented
any
credible
argument
as
to
why
his
project
should
not
be
held
to
the
same
standards
as
the
many
other
homeowners
who
have
restored
and
renovated
their
contributing
structures,
in
conformance
with
the
preservation
standards.
For
the
district,
including
with
replacement
with
Windows
citizens
like
myself,
who
purchased
a
home
in
the
local
historic
district,
expect
to
have
the
rules
enforced
to
protect
the
value
of
the
property
in
which
they
invested
and
their
quality
of
life.
AO
I
am
I,
purchased
my
home
here
precisely
because
I
wanted
to
live
in
a
historic,
neighborhood
and
I
am
concerned
about
the
character
of
my
neighborhood.
Changing
the
hist,
the
Hyde
Park
historic
district
is
an
asset
to
the
city
of
Tampa.
If
the
arc's
decision
is
overturned,
others
will
seek
to
leverage
this
to
weaken
other
standards.
The
integrity
and
future
of
this
historic
neighborhood
will
become
compromised.
Please
affirm
the
decision
of
The
Arc
in
denying
the
COA
for
this
request.
AO
Thank
you
for
your
service
and
now
I
will
read
my
neighbor's
comment.
His
name
is
Michael
Lynch
and
he
lives
at
720
South
Boulevard.
He
asks
that
you
uphold
the
decision
made
by
the
Architectural
Review
commission
to
deny
the
COA
for
cloud
windows
on
the
original
structure
at
831,
South
Delaware
Avenue
in
Hyde
Park.
This
decision
is
important
to
preserving
the
character
of
our
neighborhood
and
ensuring
that
our
historic
fabric
is
protected.
AO
We
purchased
our
home
in
the
local
historic
district,
expecting
the
rules
to
be
enforced,
to
protect
the
history
and
value
of
our
neighborhood
I
live
in
a
house
that
is
over
a
hundred
years
old.
Eight
years
ago
we
restored
the
original
wood
windows.
It
was
not
a
big
deal
to
have
them
sanded
their
mechanics
fixed
and
to
put
good
paint
on
them.
They
still
look.
Great
I
am
now
in
the
process
of
putting
in
new
wood
windows
for
an
addition
on
the
house.
AO
The
Hyde
Park
historic
district
is
in
great
asset
to
the
city
of
Tampa.
This
is
evident
by
the
number
of
people
that
attend
our
home
tour
yearly.
If
the
arc's
decision
is
overturned,
others
will
seek
to
leverage
this
to
weaken
our
standards.
Please
affirm
the
decision
of
the
arc
and
on
the
projector
is
a
list
of
other
neighbors
who
have
signed
a
letter
sent
letters
into
the
city
council
saying
that
they
would
like
this
to
be
upheld.
AP
Hello,
my
name
is
Karen
Rieger
I'm
resident
at
801,
South,
Willow,
Avenue
I'm,
also
president-elect
of
the
hppi
board
starting
next
year.
Thank
you
first
of
all,
for
taking
your
time
and
for
your
patience
to
this
point,
I'm
running
here,
to
really
express
my
support
for
the
decision
made
by
the
Architectural
Review
commission
to
deny
the
certificate
of
appropriateness
for
the
aluminum
Cloud
Windows
Windows
within
historic
districts
are
as
varied
as
the
houses
themselves,
the
original
windows
in
our
neighborhood,
they
add
texture,
they
add
depth
and
aesthetic
appeal
and
their
significant
character,
defining
feature.
AP
The
historic
windows
were
made
to
be
repaired
and
they
can
last
and
definitely
if
taken
care
of
not
only
are
they
in
a
Irreplaceable
resource,
but
repairing
Windows
is
also
cost
effective
and
environmentally
friendly
solution.
In
keeping
with
historic
guidelines.
AP
Replacement
of
historic
Windows
should
always
be
a
last
resort
and
thoughtful
consideration
needs
to
be
given
to
the
windows
chosen
for
replacement,
allowing
the
homeowner
at
831
South
Delaware,
to
replace
the
historic
windows
on
the
front
of
the
house,
which
is
a
conforming
structure
with
non-excuses,
which
is
a
contributing
structure
with
non-conforming
aluminum
quad
Windows.
Would
be
a
mistake,
especially
when
there
are
alternative
replacement,
Solutions
available
that
satisfy
the
historic
guidelines?
Furthermore,
if
the
arc's
decision
is
overturned,
it
will
set
a
precedent
for
homeowners
and
other
historic
districts
throughout
our
community.
AP
The
historic
preservation
standards
are
optional.
Preserving
the
character
of
our
local
historic
district
of
Hyde
Park
relies
on
compliance
with
the
secretary
of
interior
standards
and
enforcement
of
the
Hyde
Park
design
guidelines.
The
Arc
is
empowered
by
the
city
code
to
make
decisions
about
coas,
with
Reliance
on
both
the
local
guidelines
and
the
national
standards.
AP
Property
owners
who
purchase
a
historic
property
in
any
neighborhood
Conservation
District
are
aware
of
the
guidelines
surrounding
alteration
to
appearance
and
historic
integrity.
The
applicant
has
not
demonstrated
why
this
project
should
be
excluded
from
the
same
standards
as
many
other
homeowners
who
have
restored
and
renovated
the
historic
windows,
in
conformance
with
the
preservation
standards
of
the
district.
Please
affirm
the
decision
of
The
Arc
in
denying
the
COA
for
this
request.
Thank
you
very
much.
Thank.
Z
Good
evening
my
name
is
David
Bailey,
a
Kinder
gentler,
David
Bailey.
This
time,
I'm
one
of
the
Hyde
Park
residents
had
to
go
to
a
medical
appointment
so
I'm
reading
this
for
Roger
grunke
Council
persons
from
my
professional
Viewpoint
registered
architect
licensed
building
contractor
Urban
theorist
I.
Am
writing
you
to
voice
my
opposition
to
the
request
for
by
Mr
Stephen,
Parker,
sorry
Steve
Parker
to
waive
the
window
requirements
for
the
Hyde
Park
design,
guidelines,
residents
of
Hyde
Park
and
especially
those
residing
in
the
district.
Z
It's
administered
by
Tampa
preservation,
Inc
have
re,
received,
Optimum
Real,
Estate
Value
return
on
their
preservation.
Investments.
These
Financial
gains
have
been
realized
largely
through
the
strict
adherence
to
the
Hyde
Park
design
guidelines.
This
district
is
a
gem
of
national
and
local
designated
historic
districts
in
the
State
of
Florida
and
to
and
draws
into
you
sorry
and
draw
admiration
not
only
from
to
the
neighborhood
but
to
the
entire
city.
Z
To
start
whittling
away
at
the
guidelines
in
the
city's
most
important
district
will
diminish
the
quality
of
preservation
and
the
quality
of
our
historic
neighborhoods
across
the
city.
Windows
are
the
eyes
of
every
building.
It
is
imperative
that
the
original
contributing
structure
in
this
District
retrained
the
retain
their
true
materials,
while
levels
of
strict
interpretation
may
be
reasonable,
may
be
a
reasonable
consideration
in
neighborhoods
of
lower
income.
Z
To
claim
economic
hardship
in
this
case
would
be
hypocritical
all
materials
Decay
and
require
repair
or
replacement
or
a
last
wood
windows
are
insect
resistant
and
rot.
Resistant
metal
windows
require
maintenance
as
well
as
metal
is
damaged
by
assault
and
pollutants
in
our
Tampa
Air.
Please
support
Hyde
Park
residents,
hard
work,
exceptional,
Investments
and
love
for
their
historic
district
by
supporting
the
Hyde
Park
design
guidelines.
Please
vote
no
to
the
request
to
install
metal
windows
in
an
original
contributing
structure,
sincerely
Roger
grunke
registered
architect
and
certified
building
contractor
the.
AJ
AJ
But
the
fan
membership
also
voted
to
defend
the
historic
districts
and
overlays
throughout
the
city.
They
want
to
protect
the
neighborhoods
they
love
and
preserve
the
history
of
this
city
through
the
history
of
our
neighborhoods.
These
neighborhoods
worked
incredibly
hard
for
years
to
get
these
overlays
and
historic
designations.
It
is
staggeringly
difficult
to
do
the
neighborhoods
that
don't
have
these
protections
wish
they
did.
AJ
Tampa's
comp
plan
has
many
many
references
to
the
character
of
neighborhoods
and
repeatedly
mandates
the
city
to
protect
the
character
of
all
neighborhoods.
The
neighborhoods
of
Tampa
all
agree
on
this.
Defending
what
makes
us
love
our
wonderful
neighborhoods
is
the
fundamental
goal
of
every
neighborhood
leader,
which
is
evidenced
by
the
presidents
of
all
three
Hyde
Park
neighborhood
associations
and
letters
from
20
individuals.
AJ
As
Leaders
of
than
our
job
is
to
Advocate
on
behalf
of
neighborhoods
Tampa
is
CR
is
comprised
of
unique
neighborhoods
that
weave
a
tapestry
that
creates
the
overall
character
of
Tampa.
The
neighborhoods
of
Tampa
want
the
guidelines
of
Oberlin,
overlays
and
historic
districts
respected.
If
this
exception
is
granted,
it
will
be
used
as
a
precedent
to
unravel
other
guidelines
that
protect
all
local
historic
districts
and
all
overlays
Hyde
Park
is
both
a
local
and
National
Historic
District.
AJ
If
you
do
not
honor
and
protect
that,
how
can
the
rest
of
the
neighborhoods
believe
they
can
count
on
you
to
protect
them
all
neighborhoods
are
unique
and
valuable.
We
need
our
city
council
to
Value
them
as
much
as
we
do.
Please
do
not
approve
this.
Please
please
do
not
create
a
slippery
slope
that
will
harm
us
all,
affirm
the
unanimous
decision
of
the
arc
based
on
the
guidelines.
Thank
you.
Thank.
B
You
very
much
any
questions
from
council
members
of
or
any
staff
comments.
I'm,
sorry,
anything
else
to
add.
Mr
Fernandez.
AG
Once
again,
good
evening,
council
members,
Dennis
Hernandez
architecture,
View
and
historic
preservation
manager
I
did
want
to
respond
to
some
of
the
information
that
was
presented,
Mr
Parker's
presentation.
He
did
refer
to
the
Secretary
of
the
Interior
standards
as
being
somewhat
outdated
and
30
years
old,
but
I
do
want
to
point
out
that
the
Secretary
of
standards
were
updated
in
2017.,
so
these
are
current
standards
and
the
there's
an
emphasis
on
the
maintenance
of
original
materials
in
these
standards.
AG
Secondly,
I
think
the
weather,
the
weather
side
window
that's
being
shown
today
is
a
nice
window.
It's
a
architecturally,
significant
window.
It
would
be
an
appropriate
window
for
new
construction
or
for
additions
to
Historic
properties.
So
not
it's
not
there's
a
difference.
When
you
get
to
the
historic
components
of
the
building.
There
are
technical
or
fees,
technical
or
economical
issues
that
come
into
play.
AG
That
was
an
exhaustive
process
that
required,
if
you,
some
of
you,
may
recall
this
several
years
to
accomplish
and
I
just
want
to
want
you
to
see
one
of
my
evaluations
from
that
period
in
2010,
just
pointing
out
the
need
for
accuracy
with
the
historic
windows
and
asking
for
modifications
to
the
proposed
aluminum
windows
that
had
been
presented
for
my
review,
and
you
know
this
was
not
a
haphazard
decision
to
change
the
windows.
AG
That
would
have
been
a
case
that
was
reviewed
in
2017
when
this
certificate
of
appropriateness
went
to
the
histor
or
the
architecture
review
commission
in
January
of
2017.
It
was
proposed
with
jeldwin
our
last
wood
windows
as
the
replacement
window,
and
that's
because
many
of
the
windows
had
been
replaced.
There
was
not
necessarily
a
complete
inventory
of
historic
windows
that
was
modified
subsequently
in
the
construction
process,
because
the
our
last
wood
window
would
not
meet
code
because
of
the
size
of
the
windows
on
the
fire
station.
AG
Wilson
and
gory
I
totally
agree
that
these
these
schools
are
iconic
in
our
community
they're
also
owned
by
the
school
district,
which
has
certain
exemptions
to
the
architecture,
review
process
and
often
utilizes
them
and
I've
been
with
the
city
for
22
years.
The
historic
district
was
established
in
in
1988
I
could
find
no
record
of
any
approval
for
these
windows.
I
believe
these
windows
may
have
been
installed
before
the
historic
district
was
established.
I
find
no
record
for
installation
of
Windows.
AG
We
have
other
records
for
permitting,
but
not
for
window
installation,
Hillsboro,
High
School,
another
property
that
was
referenced
constructed
in
1922,
but
the
district
Seminole
Heights
was
established
in
1995.
when
this
was
inventored
in
1987.
60
percent
of
the
windows
were
enclosed.
The
project
that
came
in
with
the
windows
aren't
closed
and
the
original
windows
are
missing.
So
there
was
a
restoration
process
process
that
re-established
the
openings
and
introduced
compliant
windows
at
that
particular
time
which
are
of
metal
fabrication.
AG
Lastly,
I
did
want
to
reaffirm
that
the
subject
property
was
approved
with
wood
windows
during
the
certificate
of
appropriateness
process.
There
was
a
miscommunication
of
that
at
the
permitting
phase,
which
approved
the
weather
shield
window
that
the
applicant
is
now
as
he
testified,
prefers
that
all
the
windows
match
so
he's
making
an
elective
decision
to
extend
those
windows
to
the
historic
structure,
I've
seen
no
evidence
of
technical
or
economical
hardship
presented
the
arc
and
the
city's
preservation
programs
approach,
approaches
preservation
in
a
reasonable
manner.
AG
Both
recognize
contemporary
lifestyle
needs
of
Home
homeowners
and
neighborhoods,
and
routinely
approved
projects
to
add
significant
square
footage
to
historic
buildings
or
modify
them
to
accommodate
new
yeast.
Under
the
subject
approval,
the
house
was
added
in
excess
over
50
percent
of
square
footage
to
allow
for
contemporary
lifestyle
needs,
but
there
has
to
be
a
line
when
you
get
to
the
historic
portions
of
the
house
that
you're
trying
to
maintain
maintaining
original
materials
in
a
historic
district
is
critical
to
its
Integrity
legitimacy
and
character.
AG
Owners
of
historic
properties
serve
as
stewards
to
these
buildings
and
have
an
obligation
to
meet
the
requirements
of
the
district
I.
Wanted
to
just
end
with
an
example
of
three,
because
I
I
felt
a
little
bit
as
the
preservation
official
a
little
bit
upset
about
hearing
that
there
might
be
a
double
standard
in
place,
but
the
city
invests
in
its
historic
buildings
and
it
does
so
in
a
code
compliant
manner.
I'll
give
three
examples:
the
Tampa
theater
has
wood
jeld-win
our
last
windows
in
it.
That
was
the
window
that
was
replaced
a
few
years
ago.
AG
The
Centro
espanol
and
West
Campa
recently
repaired
its
original
windows
and
did
so
with
all
wood
components
and
then
I
think
we
all
know
the
historic
Plant
Hall
has
the
original
wood
windows
that
have
been
restored.
Many
many
times
and
I
think
are
an
iconic
characteristic
of
that
particular
building.
So
that
concludes
my
rebuttal
and
I
appreciate
any
questions
that
you
may
have.
Thank
you
thank.
B
AH
AH
And
I
noticed
that
Mr
Fernandez
did
not
address
the
approval
of
823
South
Delaware,
so
I
would
be
curious.
What
the
reasoning
is
on
why
the
arc
approved
I
was
composite
plastic
and
wood
window.
For
that,
so
I'm
not
going
to
read
all
the
emails
that
people
wrote
and
support.
Five
or
six
people
wrote
emails
they're
in
the
file.
There
was
nothing
nefarious
about
putting
in
aluminum,
clad
wood
windows
on
the
addition.
AH
Arc
agrees
that
if
you're
doing
addition
you
can
put
in
aluminum
clad
windows,
so
there
are
aluminum
Cloud
Windows,
all
over
Hyde
Park
they're,
all
over
the
place
on
additions.
This
issue
is:
can
you
put
it
on
the
front
of
your
house
and
when
Miss
Bailey
got
up
here
and
suggested
that
you
could
Frankenstein
the
windows
and
use
other
parts
to
put
them
together?
AH
What
you
end
up
with
is
a
window
from
1915,
that's
not
impact
rated,
it
doesn't
mean
Florida
building
code
and
it
doesn't
mean
hurricane
code
and
that's
not
a
sufficient
window
to
protect
a
house
during
any
type
of
hurricane
the.
So
it's
not
Monticello.
It's
not
Mount
Vernon.
This
is
a
house
in
Hyde.
Park,
it's
not
even
on
the
list
of
historic
structures.
It
seems
to
be
if
it
looks
great,
if
you
can't
tell
from
the
street.
If
this
is
a
aluminum,
clad
window
or
a
wood
window,
then
it
should
be
approved.
AH
B
Thank
you
very
much
all
right,
because
we
have
a
motion
to
close
the
public.
Here
we
have
motion
from
council
member
Viera,
second
from
council
member
Clendenin,
all
in
favor
aye
any
opposed.
We
are
now
going
to
entertain
any
motions
or
discussion
by
council
members.
Anybody
anybody.
D
I'll
discuss
you
know,
I
I,
think
one
we
as
a
city,
we
do
value
historical
preservation,
you
know,
we've
got
beautiful,
Hyde
Park
we've
got
Ybor
City
and
functions,
parts
of
West
Tampa,
and
these
great
cigar
factories
and
the
the
historical
clubs
we've
referenced
and,
of
course,
Tampa
theater
and
University
of
Tampa,
but
Hyde
Park
is
definitely
special
and
and
when
we
talked
we
value
home
rule,
you
know
how
it
was
established.
D
You
know
back
back
in
the
day
when
it
was
established
and
the
neighbors
that
fought
for
it
and
the
people
that
have
fought
for
it
subsequent
to
that
to
keep
its
Integrity
I.
Think
people
that
live
in
that
neighborhood
benefit
from
that
shared
value
that
they're
going
to
protect
these
standards
that
are
established
within
the
neighborhood.
So
I
mean
it's.
D
You
know
I,
you
know
given
a
choice,
you're
right,
but
but
but
when
you
live
in
these
areas,
just
like
my
fellow
councilman
Mr
Vera,
they
live
up
there
in
those
gated
communities
in
New
Tampa
they
have
to.
They
have
to
conform
to
all
kinds
of
rules
up
there,
that
we
don't
that
many
neighborhoods
don't
have
to
conform
to.
D
So
you
know,
Hyde
Park
is
one
of
those
special
places
that
you
have
to
conform
to
rules,
because
you
know
that's,
that's
that's
the
way
everybody
kind
of
came
together
and
did
it
and
even
our
code,
27
111,
you
know,
sets
out
that
how
much
we
value
as
a
city,
historical
preservation,
so
I
I
think
that
well,
I
I
appreciate
your
your
concern
and
you
know,
and
they
are
beautiful
windows
and
all,
but
you
live
in
Hyde
Park
and
those
are
wood,
windows
and
I
think
that
the
city
did
a
good
job
of
presenting
a
case
that,
based
on
the
arc
standard
and
and
the
National
Standard
that
to
replace
those
windows.
D
If,
as
long
as
it's
feasible
that
you
should
be
able
to
replace
those
windows
with
wood
replacement
windows
and
be
able
to
achieve
what
you're
looking
for
and
still
conform
to,
the
arc
standard
and
again,
I
appreciate
I
appreciate
your
case
on
what
you
made
and
I
understand
why
you
want
to
do
it.
But
you
live
in
Hyde
Park.
H
B
F
Some
others
can
help
me
with
the
backup.
I
mean
this
is
a
a
difficult
issue
in
some
ways,
but
the
rules
are
the
rules
in
as
interpreted
by
the
experts
representing
the
city
and
the
neighborhood.
The
rules
are
pretty
specific,
so
I
moved
to
affirm
the
right
affirm.
The
arc's
decision
to
deny
the
certificate
appropriateness
requested
an
application
number
Arc
23-131
for
the
property
located
at
831
South
Delaware,
because
the
replacement
of
the
original
windows
with
aluminum
Cloud
windows.
T
T
J
V
B
B
AQ
B
AQ
AQ
This
application
was
filed
on
March
17
2023.
The
applicant
owns
property
on
South
side
of
the
airspace
that
is
requested
to
be
vacated.
The
applicant's
reason
for
the
application
is
vacation,
vacating
airspace
above
a
portion
of
West
Tyler
Street
to
nullify
the
right-of-way
encroachment
agreement.
Enc
22-21
Street
was
created
by
subdivision
Platte.
The
airspace
is
above
the
elevation
of
35.67
feet.
AQ
AQ
AQ
B
Questions
council
members,
Carlson
heart
attack.
First,
thank
you
thanks.
E
Vacating
air
rights,
can
you
explain,
I
mean
I.
I
know
that's
something
typical
in
larger
cities
like
New
York,
but
we
don't
have
that
come
in
front
of
us
often.
AQ
That
that
will
be
a
good
explanation
for
them
to
explain
why
they
need
that,
but
as
far
as
the
legal
standards
as
far
as
what
a
right-of-way
is
technically
it's
from
the
ground
up
when
they
plant
it,
it's
a
it's
straight.
So
imagine
this
room
is
a
right-of-way
and
it's
straight
up
in
the
air
and
and
usually
it's
to
around
500
feet,
I
think
because
of
navigable
airspace,
and
then
different
entities
are
involved
in
what's
allowable
at
that
point.
So
do
you
have
anything
to
comment
on.
Q
Q
They
had
a
encrosion.
Excuse
me
an
encroachment
easement
prior
to
applying
for
this
vacating.
But
the
excuse
me,
the
encroachment
agreement
provides
that
if
the
director
of
the
mobility
department
requires
the
removal
of
that
encroachment,
then
the
developer
or
the
petitioner
must
remove
it.
So
I
imagine
that
the
petitioner
will
be
able
to
respond,
but
I
imagine
it
has
something
to
do
with
financing
yeah.
AQ
AR
AR
Yes,
Addie
Clark
400,
North,
Ashley,
Drive
and
representing
the
applicant,
and
so
as
Russ
mentioned,
maybe
please
there
we
go
so
this
is
a
picture
showing
the
the
balconies
as
it
is
right
now.
This
request
is
somewhat
common,
like
councilman,
her
attack
mentioned
in
larger
cities,
but
in
downtown
areas
we've
seen
this
before,
and
so
this
is
kind
of
an
example
of
vacating.
AR
This
3D
box
of
air,
if
you
will
and
really
the
purpose
of
this,
is
because
these
balconies,
these
150
balconies
facing
north,
are
permanent
investments
in
this
structure,
such
as
like
a
sky
Bridge
which
we've
seen
before,
especially
in
this
downtown
area,
and
with
the
encouragement
agreement,
because
we
are
above
the
ground
where
say
Mobility
maintenance
would
occur
or
where
Vehicles
would
Traverse.
We
thought
that
the
vacating
just
made
more
sense.
AR
These
are
permanent
structures
and
if
there
were
to
be
some
sort
of
maintenance
on
one,
the
encouragement
agreement
would
not
have
to
kind
of
be
removed
and
then
placed
back
into
place.
So
the
vacating
just
made
more
sense
from
a
permanent
structure
standpoint
and
then
again,
I
think
this
image
is
pretty
helpful,
showing
this
3D
almost
shadow
box.
If
you
will
for
these
150
balconies.
AR
So
you
can
see
the
air
rights
starts,
35
feet
from
the
ground,
and
it's
about
two
to
five
feet
wide
for
this
kind
of
box
of
air
I
like
to
think
of
it
as
kind
of
a
shadow
box
and
so
again,
it'll
start
at
the
third
floor
and
extend
a
few
feet
out
from
the
face
of
the
building
where
the
balcony
extend
out
just
a
little
bit,
which
is
shown
again
here
with
the
yellow
that
we
shaded
in
and
so
starting
at
that
third
floor
ensures
that
there
is
no
intrusion
into
the
maintenance
area
from
the
mobility
department.
F
AR
F
AR
AS
Tyler
Hudson
400,
North,
Ashley
Drive
bluntly.
We
just
got
involved
in
this
project,
so
I'm
not
really
sure
what
happened
originally.
This
is
the
building
the
face
of
the
building's
right
at
the
property
line.
So
if
you
look
up
from
the
property
line,
you're
going
to
see
the
bottom
of
balconies
going
up,
30
floors,
this.
F
AS
I,
don't
believe
that
Dr
councilman
this
was
their
DDR
process.
This
is
downtown,
so
this
never
would
have
come
to
city
council.
AS
AS
So
the
way
this
can
get
blessed
the
fact
that
there
are
balconies
in
one
of
two
ways
the
first
way
is
through
a
right-of-way
encouragement
agreement
which
those
come
before
Council
fairly
frequently.
The
reason
why
our
client,
the
developer,
believes
that
the
right-of-way
encroachment
agreement
that
has
been
entered
into
doesn't
work
is
because
the
city
of
attorney's
office
will
never
allow
a
right-of-way
encroachment
agreement
to
provide
that
that
encroachment
can
stay
forever.
The
city
can
always
come
in
and
make
you
take
it
out.
So
you
think
of
the
sky
bridge
that
goes
over
Florida.
AS
We
don't
think
that's
a
reasonable
thing
for
the
city
to
ask
for
and
so
by,
vacating
the
air
rights
by
vacating
this
little
space.
Here,
that's
congruent
with
the
face
of
the
building.
It
guarantees
that
those
balconies
can
say
they're
in
perpetuity
and
I
know
there
might
be
a
long
story
with
the
history
of
this
project
and
the
land
Acquisitions
I
can't
I,
don't
I,
don't
know
anything
about
that.
This
is
an
unusual
proceeding,
I
think
to
council
member
hertex
points.
AS
Air
rights
are
here
in
other
cities
are
typically
when
you
vacate
the
land,
the
air
on
top,
and
that
becomes
a
transferable
development
right.
That's
how
the
the
Highland
got
built
in
New,
York
City.
This
isn't
that
this
is
just
saying
that
the
balconies
we
have
that
encroach
and
those
are
on
all
the
original
plans.
So
yeah.
We
were
not
involved
in
the
entitlement,
but
this
was
not
a
surprise.
AS
It
was
not
a
surprise
that
the
balconies
extended
over
the
property
line,
I
think
it
was
I
think
what
happened
was
the
developer
and
perhaps
prior
folks
involved
said
this
encroachment
agreement.
That's
a
fine
way
to
do
it,
but
then
I
think
they
started.
Reading
the
fine
print-
and
it
said
well
hold
on
the
city-
can
come
and
make
us
take
these
balconies
out.
That's
a
big
problem.
We
got
involved
and
they
discovered
that
problem
and-
and
this
was
the
solution
that
was
discussed,
I
believe
with
Ross
and
City
staff.
AS
F
Story
and
legal
stop
me
if
I
can't
ask
this
question,
but
has
Stress
Center
weighed
in
at
all.
F
Want
to
say
it's
just
so
you
can
react
to
it,
but
but
it
just
for
constituents
watching
whatever
objections
people
had
about
the
prior
developers
and
the
way
this
and
the
way
the
prior
Administration
handled
this
that
that
doesn't
weigh
in
tonight.
We
can't
I,
don't
think
we
can
consider
any
of
that.
So
we
just
have
to
deal
with
what
we
have
tonight.
I
I
I.
AS
Think
that's
correct
correct
because
it's
a
pretty
it's
a
fairly
limited
question
before
you
is
whether
this
volume
of
air
should
be
surrendered.
F
E
It's
a
very
so
this
two
and
a
half
feet
is
being
we're
vacating
the
air
rights,
so
basically
the
property
owner
will
own
the
prop
own
that
air.
Yes,
will
they
be
paying
taxes
on
that
air.
AS
I,
don't
know
the
answer
to
that
I,
don't
know
if
that
would
become
I
mean
the
balconies
are
a
fixed
personal
property
to
the
building
and
I
am
absolutely
not
an
assessor,
an
appraiser
or
anything
remotely
like
that.
But
the
the
there
is
material
there's,
the
balconies
which
add
value
to
the
improvements.
The
whole
building
is
going
to
be
taxed,
and
that
includes
the
balconies
as
well,
which
are
in
this
airspace.
So
I
think
it's
more
likely
than
not
that
that
the
air
isn't
going
to
be
taxed.
E
So
I,
don't
know,
staff
has
an
answer
to
this,
but
it
just
seems,
like
you
know
before
you
were
just
kind
of
like
borrowing
the
space,
but
now
you
want
to
get
it
and
are
we
going
to
get
anything
for
that
in
I
mean
in
that
those
battles.
AS
Yeah,
it's
a
good
question
and
yeah
and
I
think
for
process
of
future
policy
change.
For
example,
when
we,
when
we
try
to
vacate
right
away-
and
it
turns
out
the
city-
owns
the
land
underneath
it's
common,
that
the
city
will
will
make
the
developer,
whoever
pay
for
that,
because
they're
in
the
Land
Air
it.
You
know
we're
not
quite
in
philosophical
territory,
but
it's
it's
more
of
an
intangible
thing.
It's
not
something
that's
accustomed
to
having
value,
but
it
clearly
does
have
a
value
and
I
think
in
the
future.
AS
That's
that's
a
that's
a
very
fair
thing
to
visit,
but
for
now
there's
no
separate
assessment
for
what
we're
seeking,
because
the
city
hasn't
placed
a
value
on
it
and
I'm
not
sure
how
they
could.
AS
So,
thank
you,
yeah
I
would
say
the
council
for
I
think
one
distinction
with
New
York
is
that
New
York
said
you
know
you
can
do
500
000
square
feet
above
this
building
you're
going
to
sell
that
to
someone
else,
so
they
can
do
500,
000
square
feet
elsewhere
at
a
transfer
of
development
right
regime.
Here
this
air
right
that
they're,
what
we
are
being
what's
being
vacated,
doesn't
have
a
transferable
value.
I'm,
not
saying
it
doesn't
have
any
value,
but
it
doesn't
necessarily
have
a
transferable
value.
AS
Okay,
so
I,
don't
think
you
all
are
going
to
see
a
lot
of
these
to
be
candidates.
It's
a
bit
of
an
unusual
situation,
but
it
definitely
raises
some
very
interesting
questions
that
are
probably
worth
it.
D
I
don't
have
a
problem
with
granting
this
request,
but
I
I
do
have
I
kind
of
do
in
perpetuity
that
it
goes
along
with
the
land
and
not
the
just
the
building,
so
I
I'm
kind
of
inclined
to
put
a
council
condition
that
I
know
I'm
going
to
be
dead,
gone
and
worm
food
long
before
that
building's
gone,
and
so
it's
not
going
to
affect
me,
but
something
that
that
this
is
worm
food
that
that
this
this
this
Council
condition
that
if
this
building
is
substantially
raised,
you
know
or
or
demolished
that
the
these
air
rights
are
rescinded
and
refer
back
to
the
city.
D
AS
Think
we'd
be
fine
with
the
reverter
if
the
building
were
God
forbid,
to
have
a
casualty
and
it
goes
away
and
it's
not
rebuilt
in
a
manner
that
utilizes
them
I
think
that
that's
completely
fine.
Obviously,
if
you
want
to
build
a
building
back
where
it
was
we'd
like
to
keep
what
we
got,
we
hopefully
get
this
evening.
D
B
Q
That
burger
is
not
going
to
last
because
we're
not
giving
it
to
the
religion
kind
of
an
entity,
so
the
reverter
is
going
to
be
a
little
bit
tricky
because
there
is
a
statute
out
there.
That
says
that
Roberta
goes
away,
I
believe
in
40
years
after
the
reverters,
a
condition
of
any
conveyance
of
interests
of
land.
Now,
there's
an
exception
to
that
and
that
deals
with
religious
entities,
governmental
entities,
educational
entities
so
like.
Q
D
Q
So
when
you
convey
property
to
someone
else
and
you
put
a
reverter
clause
in
there,
basically,
what
that
says
is:
if
you
don't
satisfy
the
conditions
of
that
conveyance,
then
the
property
reverts
back
to
the
grantor.
However,
there's
a
statute
out
there
that
prevents
that,
because,
basically,
what
it
does,
it
ties
up
property
forever.
Now
they
make
an
exception
for
certain
entities
like
governments
and
educational
religion,
religious
organizations
and
stuff
like
that,
because
there
is
truly
an
attempt
to
make
sure
that
the
property
remains
for
that
particular
purpose.
AS
L
D
Someone
in
the
future
or
something
back
again
and
ask
the
future.
So
just
so,
if
I,
if
I
made
a
council
condition
that
said
that
that
this,
this
easement
air
rights
would
be
granted
under
condition
that
that,
if
the,
if
it's
not
used
for
a
period
of
five
years,
the
air
rights
would
would
reverse
back
to
the
city.
Would
that
be
acceptable
to
y'all
yeah.
D
AS
X
Else
where
it's
Massey
legal
department,
the
only
thing
I,
would
caution
you
all
and
I
think
Mr
wiggington
was
cautioning.
You
there's
a
state
statute
that
basically
no
matter
what
you
what
the
reverter
says.
It
goes
away
after
term
the
term
of
time,
40
years,
I
think
it's
like
I
think
it's
21
under
the
state
statute
actually.
X
Away,
I
think
that,
basically,
if
the
reverse
I
think
the
reverse
expires
21
years
after
it
goes
into
effect,
so
it
doesn't
matter
what
the
five-year
time
frame
is.
It's
a
basically,
the
state
legislature
has
basically
declared
that
this
these
types
of
Provisions
are
are
problematic
in
connection
with
title
to
property
and
therefore
they're
they're
frowned
upon,
and
so,
except
for
exceptions
from
governmental
and
religious
institutions.
They
want
them
wiped
out
after
a
fairly
finite
period
of
time.
That's
that's
I.
Just.
F
Well,
you're
up
there
could
you
could
you
maybe
get
give
us
insight
into
why?
What
was
it
called
before
encroachment?
And
now
it's
a
air
rights?
Why?
Why
would
the
city
have
done
it
that
way?
Back
then,.
X
Yeah,
the
city
typically
I
mean
we
have
we
have
habitually
through
the
years.
I
mean
approved
encroachments
into
our
right
away.
I
think
part
of
the
philosophy
of
doing
it
by
encroachment
ordinances
or
the
encroachment
agreements
that
we
have
we've
approved.
Is
that
it
again
it
allows
the
city
latitude
if
it
needs
the
right
of
way
back
to
require
the
encroachment
to
be
removed.
I
think
in
this
case,
what
they're
saying
is.
This
is
not
something
that
where
they
could
easily
remove
all
these
balconies
and
so
they're
asking
for
that
that
to
be
permanently
vacated.
F
X
And
well,
it's
I
think
the
way
the
agreements
and
the
ordinances
have
read
in
the
past
is
you
know
for
any
reason
whatsoever,
but
if
the
for
instance,
if
the
director,
typically
the
director
of
Public,
Works
or
Mobility,
now
declares
that
there's
a
need
for
that
area.
Where
the
encroachment
now
exists,
then
the
city
could
ask
that
it
be
removed,
but
that
it
can't
be
for
any
reason
whatsoever,
but
there
has
to
be
a
buy.
There
has
to
be
a
public
valid
reason
why
that
encroachment
is
a
problem
for
for
the
public,
so.
X
They
have
to
explain
to
you
that,
but
I,
you
know
from
a
property
owner's
perspective
and
it's
somebody
who's
in,
for
instance,
if
they
tried
to
condominiumize
this
later
on,
there's
balconies
become
elements,
perhaps
that
are
part
of
the
condominium
and
it
you
can't
really
declare
that
part
of
the
condominium.
If
you
don't
own
it
so
I
think
it
kind
of
limits
what
they
can
do
with
the
building
of
the
future.
Perhaps
that
may
be
part
of
the
issue.
AS
I'll,
probably
much
to
add
to
that,
but
Morris
is
right.
I
mean
to
be
candid,
we're
afraid
that
someone
in
the
future
might
say
take
all
your
balconies
off
and
and
the
only
way
to
guarantee
that
is
for
this
two
and
a
half
feet
of
encroachment
which
encouragements
are
fairly
common
City,
especially
in
newborn
places
like
that.
We're
just
asking
for
this
two
and
a
half
feet
to
the
extent
of
the
building
starts
at
30.
Feet
goes
to
300.
AS
that
that
we
have
that
and
I
think
putting
in
a
reverter
is
fine.
I,
don't
think
we
need
to
clothe
it
in
statutory
exception.
The
statute
will
speak
for
itself
on
that
or
whatever
Tallahassee
does.
But
we
think
this
is
a
very
minimal
amount
of
space.
I
think
it's
a
very
unusual
circumstance
and,
unlike
broader
discussions
about
right
away,
vacating
the
city
losing
something
I
respectfully,
some
of
that
I
don't
think
the
city
is
really
losing
anything
on
something
this
minor
and
would
ask
for
Council
to
to
approve.
B
Do
you
have
any
of
it
in
the
public
that
wishes
to
speak
on
item
number
60.
I
see?
No
one.
Do
we
have
anybody
registered
online?
The
person
that
was
registered
is
here.
No,
we
have
a
motion
close
from
Council.
Z
H
E
It
feels
like
this
is
a
instance
of
asking
forgiveness
instead
of
permission
and
that
this
could
have
been
built
two
and
a
half
feet
in
and
I
wasn't
here
for
that,
so
I'm
actually
going
to
vote
no
on
this.
F
This
project
was
has
been
full
of
problems
and
it's
the
problem
when
the
city
says
get
her
done
versus
good
planning,
and
we
have
had
I,
don't
know
how
many
times
that
this
Project's
been
back
before
I
was
asking
for
CRA
money
and
all
kinds
of
stuff,
because
it
was
planned
very
badly
was
it
was
a
piece
of
road
that
was
reconfigured
and
but
but
it
but
we're
in
the
impossible
situation
where
at
this
point
with
the
current
owners-
and
everyone
is
just
not
it's-
not
a
good
idea
to
not
not
allow
this
and
I
just
hope
that
this
is
the
last
on
this
project,
but
I
hope
that
the
city
never
does
something
like
this
again.
F
D
Mean
yeah
definitely
it's
it's
definitely
forgiveness
rather
than
permission,
but
you
know
we
are
where
we
are.
The
building's
under
construction.
I
I
also
had
a
conversation
with
planning
before
this
about
the
size
of
the
sidewalks.
Underneath
it
there
there
are
very
wide
sidewalks
that
are
underneath
there.
So
we
have,
we
have
ample
room,
so
I
will
be
supporting
this
I'll
be
voting.
Yes,
and
you
know
it's
not
the
best
way
to
do
business
but
I'll
be
voting.
Yes,.
D
B
B
A
AT
Okay,
Emily
Phelan
Planning
Commission
staff
item
number
51
is
TA
CPA
22-29.
It's
a
map
Amendment
located
at
111,
North,
tampania,
Avenue
and
2412
North
A
Street.
The
request
is
to
change
the
future
land
use
from
residential
20
to
the
community
mixed
use.
35..
The
amendment
was
approved
at
the
April
13
2023
hearing
and
it's
in
front
of
you
today
for
second
reading
and
I'm
available.
If
you
have
any
questions,
any
questions.
B
W
B
F
Each
of
these
sorry
I
missed
like
five
or
six
of
these,
but
I
I
watched
the
video
and
read
the
file,
so
I'm
ready
to
vote.
AT
The
request
is
to
allow
lands
outside
of
an
Urban
Village
to
proportionally
weigh
the
floor
area
ratio
over
the
entire
site
and
permitted
uses
within
each
of
the
land
use
plan
categories
to
be
considered
if
the
site
is
located
within
a
half
mile
outside
of
an
Urban
Village
boundary
and
the
project
is
approved
through
a
plan
development
that
is
at
least
one
acre
in
size
or
maintains
Frontage
on
an
arterial
roadway.
The
provision
cannot
be
used
for
lands
outside
the
central
Tampa
planning
district.
AT
B
D
I
just
want
to
make
a
statement,
because
I
voted
no
on
the
first
reading
of
this,
and
I
will
say
that
I
I
I
spent
countless
hours
reviewing
this
and
reviewing
with
staff.
We
went
painstakingly
through
each
parcel
of
property
that
would
potentially
be
affected
by
this
proposal,
and
it
alleviated
most
of
my
fears.
I
was
mostly
concerned
about
unintended
consequences
and
the
impact
I
would
have
on
some
of
our
traditional
neighborhoods
through
that
work
with
staff
I,
those
fears
have
been
have
been
eliminated
and
I'm
going
to
support
this.
Thank
you.
H
Past
I
I
was
the
one
that
made
the
first
motion.
You
asked
me
around
I
read
the
thing
and
I
said
I
qualified
it
by
saying
I
may
change
my
vote
during
Second
reading.
I
think
this
is
the
one
that
allows
the
reduction
in
parking
all
over
the
area.
No,
give
me
a
briefing
what
this
is
real,
quick
one
minute.
AS
AS
AS
You
should
have
that
same
flexibility
if
you're
less
than
an
acre,
but
only
if
you're,
on
an
arterial
road.
So
this
is
going
to
apply
only
to
new
PDS
that
have
two
different
colors
of
land
use
and
or
within
a
half
mile
of
an
Urban
Village
and
our
energy
on
arterial
Road.
This
is
this
was
filed
not
in
isolation.
This
was
filed
in
support.
It's
a
required
passage
for
a
rezoning,
that's
upper
second
reading
that
was
unanimously
approved
by
this
Council
and
was
fairly
enthusiastically
supported
by
the
neighborhood
in
Armory,
Garden,
Miss,
Sandy,
Sanchez.
I.
AS
Don't
think
this
flexibility
that
you
would
Grant
by
approving
the
sex
Amendment
would
be
used
more
than
once
a
year
if,
if
ever
it's
for
an
isolated
circumstance,
but
we
think
this
flexibility
is
a
good
policy.
I
believe
at
least
staff
would
agree
with
that
and
the
most
important
thing
for
staff
or
for
Council
to
keep
in
mind
this
flexibility
is
only
for
brand
new
PDS.
No
one
gets
anything
by
right
by
voting
yes
for
this,
every
for
everyone
who
would
use
this.
H
AS
Right
originally
the
way
it
is
right
now
you
can
do
this
blending.
If
you
have
an
acre,
there
aren't
as
many
one
acre
sites
anymore,
and
so
we're
saying
you
should
be
able
to
do
this
blending
if
you're
not
an
acre,
if
you're
less
than
an
acre,
but
only
if
you're
on
an
arterial
Road,
that's
the
most
high
intensity
roads
we
have
and
there
there
aren't
a
lot
of
them
and
again
this
only
applies
to
brand
new
PDS
that
will
come
before
you
in
the
future.
F
I
appreciate
council
member
clendenna
in
the
last
meeting,
bringing
up
the
the
issue
of
the
central
planning
district
I
think
we
have
to
address
that
in
new
business
or
something,
but
there
are
concerns
about
Hyde
Park
about
anything,
that's
in
this,
and
it
will
be
easier
in
the
future
if
Hyde,
Park's,
not
included
but
but
I
had
initially
the
same
concerns
as
well.
Thank
you.
B
D
I
move
file,
number
ta,
CPA
2230,
an
ordinance
amending
the
imagine,
2040
Tampa,
comprehensive
plan,
future
land
use
element
amending
land
use
policy
5.1.6
that
would
allow
lands
outside
an
Urban
Village
to
proportionately
weigh
the
floor
area
ratio
over
an
entire
site
and
permitted
uses
within
each
of
the
land
use
plan
categories
to
be
considered
anywhere
on
the
site.
If
one
such
land
is
located
within
a
one-half
mile,
a
radius
of
an
Urban
Village
boundary
and
two
such
project
is
approved
through
planned
development
or
planned
development.
D
Alternative
zoning-
that
is
a
at
least
one
acre
in
size
or
maintains
Frontage
on
arterial
roadway.
This
provision
may
not
be
utilized
on
any
lands
outside
the
central
planning
district,
providing
for
repeal
of
all
ordinances
in
Conflict,
provided
for
severability
providing
for
an
effective
date.
We.
B
AT
Emily
Phelan
Planning
Commission
staff
item
number
53
is
TA
CPA
2302
a
map
Amendment
located
at
7702
South
O'brien
Street.
The
request
is
to
change
the
future
land
use
designation
from
light
industrial
to
residential
10.
The
amendment
was
approved
at
the
May
25th
2023
hearing
and
is
in
front
of
you
today
for
second
reading
available.
If
you
have
any
questions.
B
Any
questions
nope
all
right,
you
have
the
applicant
on
I,
see
Diana
Aponte,
yes,
ma'am
go
ahead.
AE
Hello,
my
name
is
I'm
representing
Ohio
Real,
Estate
Group
LLC,
the
owners
of
the
subject-
property,
7702,
South,
O'brien,
Street
and
I'm
here
today,
because
our
goal
is
to
get
the
future
to
learn
news
change
from
my
industrial
to
residential
10..
We
have
also
applied
for
rezoning
IG
to
RS
15th.
As
Purdue
succeeded,
the
lot
is
located
in
a
high
Hazard
Coastal
area.
However,
it
is
surrounded
on
all
sides
by
residential
homes
and
this
lot
being
non-residential
students
out
of
place.
AE
B
E
Course,
file
number
ta,
CPA
23-02,
an
ordinance
being
presented
for
second
reading
and
adoption
and
ordinance
amending
the
Imagine
2040
Tampa
comprehensive
plan.
Future
land
use
element.
Future
land
use
map
for
the
property
located
at
7702
South
O'brien
Street,
from
light
industrial
Li
to
residential
10
r10,
providing
for
appeal
of
all
ordinances
in
Conflict,
providing
for
severability
providing
an
effective
date.
B
E
AT
Emily
Phelan
Planning
Commission
staff
item
number
54
is
TA
CPA
2304
a
map
of
a
map
Amendment
located
at
1222
Channelside
Drive.
The
request
is
to
change
to
Future
land
use
from
heavy
industrial
to
Regional
mixed
use.
100.
This
amendment
was
approved
at
the
May
25th
2023
hearing
and
is
in
front
of
you
today
for
second
reading
I'm
available.
If
you
have
any
questions
any.
B
Questions,
no
all
right.
Do
we
have
an
applicant
here,
I
see
Tyler
Hudson.
AS
AS
W
W
F
Like
to
move
file
number
ta
CPA
23-04
in
order
to
submitting
the
Imagine
2040
Tampa
comprehensive
plan
future
land,
you
sell
them
at
Future
land
use
map
for
the
property
located
at
1222,
Channelside
Drive
from
heavy
industrial
to
Regional
mixed
use,
100
rmu
100,
providing
for
appeal
while
owner
this
is
a
conflict
providing
percent
really
for
any
effective
date.
Do
we
have
a.
L
A
AU
Zane
Hussein
development
coordination
agenda
item
number
55
case
Rez
23-15.
This
is
being
presented
for
second
reading
and
adoption
at
the
location,
2517
West,
Kennedy,
Boulevard,
111,
North,
tampania,
Avenue
and
2412
West
North
A,
Street,
proposery,
zoning
from
rm16
residential
multi-family
and
CG
commercial
General
2pd,
planned
development,
residential
multi-family
and
storefront
residential
commercial
office
uses
site
plans
have
been
turned
into
the
city
clerk's
office
I'm.
Here
for
any
questions.
Any
questions.
AS
B
W
H
Avenue
in
2412.
West,
North,
8th
Street
in
the
city
of
Tampa,
Florida,
more
particularly
describing
section
ones
from
zoning
districts.
Classification,
rm16,
residential
multifamily,
through
CG,
commercial
General
to
PD
plan
development,
residential
Malta,
family
and
storefront
residential
commercial
offices
uses
providing
an
effective
date.
Do.
W
B
AV
B
I
H
J
I
move
file,
number
rec22-31
ordinance
being
presented
for
second
reading
and
adoption
and
ordinance
amending
ordinance
number
2022
205,
which
rezone
the
property
in
the
general
vicinity
of
4848
East,
Bush,
Boulevard
and
9214
North
Hialeah
Road
in
the
city
of
Tampa
Florida.
In
order
to
correct
a
scrivener's
error
in
the
legal
description
of
exhibit
a
two-said
ordinance
and
replacing
same
with
the
attached
and
corrected
exhibit
a
providing
an
effective
date.
Second,.
O
Good
evening,
Council
Eric
Cotton
developing
coordination
plans
have
not
been
certified
between
first
and
second
reading
during
the
initial
first.
During
the
initial
hearing,
there
was
a
motion
by
Council
to
include
a
landscape
plan
between
first
and
second
reading.
Those
plans
were
not
submitted
officially
to
the
city.
They
were.
They
were
emailed
to
Aaron
mayor
who's
here
to
discuss
the
plays
themselves,
but
the
plans
themselves
were
not
submitted
either
through
a
Stella
or
hard
copies
that
are
required
to
be
certified.
O
O
O
O
All
right,
okay,
Aaron,
Mary
development
coordination-
I
just
want
to
go
over
again
to
remind
you
of
what
the
waivers
were,
that
the
project
was
requesting
for
Rez
2318.
This
is,
they
were
requesting
zero
percent
tree
retention
for
a
50
tree
retention
required
by
code
on
a
non-wooded
lot
over
one
acre.
They
have
a
waiver
for
they
used
to
use
landscape
buffer
adjacent
to
single
family
home
to
the
west
of
a
parking
garage.
They're
required
is
15
with
a
masonry
wall
to
10.
O
Feet
is
what
they're
requesting,
and
there
is
a
waiver
for
the
reduction
in
Green
Space
for
the
30
percent
of
the
parcel
minus
building
footprint
to
26
95
718
square
feet
of
Green
Space.
So
so,
I
have
now
reviewed
the
site
plan
before
you
that
was
submitted
at
the
landscape
plan.
I'm,
sorry
for
justifying
the
waivers
they
are
requesting.
O
I
do
want
to
go
over
the
fact
that
this
project
requires
51
code
required
trees
and
the
mitigation
required
is
39
type,
1,
large
canopy
trees.
So,
just
to
remind
you
here,
your
large
canopy
trees
are
things
like
Live
Oaks,
the
ones
that
give
us
all
the
urban
canopy
type
2
trees.
Are
your
tall
and
narrow
trees?
You
know
Cedars
Pines
Cypress,
a
lot
of
your
Evergreen
species
and
type
3
are
crepe.
O
So,
as
you
can
see
on
the
site
plan
before
you,
I've
labeled
numbers
showing
where
the
type
3
trees
are
going
and
where
the
type
1
trees
are
going
right
here
in
these
landscape
islands
along
the
alley
and
along
the
right-of-way
here
on
Amelia
is
what
the
applicant
has
proposed,
potentially
along
the
F
DOT
road
which
I'll
get
to
the
project,
is
requesting
to
plant
type
2
trees
and
the
10-foot
buffer,
which
is
allowed
by
coat.
However,
originally
the
applicant
had
submitted
the
trees
to
be
spaced
10
feet
apart.
O
I,
don't
think
the
code
requires
a
20-foot
spacing
for
type
2
and
3
trees,
so
I've
requested
them
to
delete
a
tree,
so
they're
not
competing
for
you
know,
light
nutrients,
water,
that
sort
of
thing,
and
so
overall
the
site
can
the
applicant
is
proposing
to
plant
nine
total
trees
on
the
parcel.
O
O
They're
gonna
be
getting
credit
for
some
of
these
trees,
so
it's
27
trees
are
proposed
to
be
planted
in
the
right-of-way
I
want
to
let
you
know
that
I
had
discussions
with
the
city
of
Tampa
mobility
department
about
some
of
the
trees
that
they're
proposing
these
trees
right
here,
along
Columbus
Mobility
was
concerned.
There
was
a
site
triangle
issue,
and
so
some
of
those
crepe,
myrtles
or
type
3
trees
might
have
to
be
deleted,
as
well
as
along
Tampa
street.
O
So
we
are
asking
for
the
applicant
to
coordinate
with
fdot
and
I
have
in
the
revision
sheet
a
project
manager
who
is
in
going
to
be
working
on
that
project,
so
64
trees
approximately,
cannot
be
accommodated
on
the
site
and
will
have
to
be
paid
into
the
tree
fund
and
then
I'm
gonna
go
over
some
of
these
other
specs
that
we
found
concerning
in
these
details
on
the
site
plan.
So
the
applicant
has
proposed
to
submit
structural,
soil
or
silver
cells
in
their
detail,
and
we
are
in
support
of
that.
O
However,
there
is
some
concern
with
like
how
they
listed
the
amount
of
square
footage.
They're,
providing
natural
resources
like
to
see
the
rooting,
the
rooting
specifications,
soil
volume
in
in
cubic
feet
to
a
depth
of
three
feet,
which
is
what
you
typically
remove
to
replace
the
soil
with
you
know,
soil
that
is
recommended
to
plant.
You
know
new
trees
and
in
some
of
these
I
don't
need
to
go
into
all
these
details.
O
They're
on
the
revision
sheet
and
I
know,
you've
had
a
long
day,
but
there's
like
overlapping,
there's
sort
of
double
dipping
with
some
of
this.
The
square
footage
that
they're
showing
between
trees-
and
it
should
be
a
per
tree-
a
per
tree
calculation,
soil
volume.
So,
for
instance,
they
have
a
24
inch.
Diameter
tree
requires
approximately
1700
cubic
feet
of
soil.
Larger
trees
required
even
more
rooting
volume
and
what
their
specification
is
showing
here
would
be
around
1080
cubic
feet.
So
now,
1700
cubic
feet
is
what
we
would
like
to
see.
O
That's
something
that
can
support
a
24
inch
diameter
tree,
so
24
inches.
You
know
two
feet.
Another
thing
is
we.
We
would
not
like
to
see
tree
grades,
you
know
they
require
a
lot
of
Maintenance.
They
could
lead
to
girdling
of
the
trees
over
time
and
we
natural
resource,
prefers
the
use
of
guards.
I
have
an
image
just
to
show
what
tree
guards
are.
You
know
they
typically
go
around
the
perimeter
of
the
tree
Basin,
they
keep.
O
This
is
another
structural
soil
layout
detail
that
they
submitted
on
the
plan
that
we
have
concerns
with
they're,
showing
three
foot
deep
root
barriers,
almost
on
all
sides
on
all
sides
of
the
structural
soil
extends
which
we
are
opposed
to
you're,
limiting
the
space
that
Roots
can
spread
laterally
and
we
want
to
encourage
root
expansion.
They
have
one
along
the
curb
they
had.
O
They
have
a
one
foot
deep
one
right
before
the
sidewalk
which
natural
resources
is
fine
with
and
we're
saying
that
three
foot
deep
root
barriers
can
go
only
at
the
building
foundation,
so
that
would
be
at
least
20
feet
away
from
these
Tree
Trunks
and
we
think
that
would
be
sufficient
and
that's
it.
And
if
you
have
any
questions,
please
let
me
know
and
I
can
answer
them.
O
Well,
they
have
my
revision
sheet
and
we
have
discussed
you
know
some
of
these
changes
and
I'll.
Let
them
speak
to
it,
but
I
think
they
support
what
we're
saying
here
and
yeah
I
mean
they
would
be
submitting
another
plan
with
these
changes.
O
O
Excuse
me:
Council
Tyler,
Hudson,
400,
North,
Ashley,
Drive,
first
I
want
to
say
we
agree
with
everything
that
Aaron
has
said
and
we're
going
to
do
it
just
to
do
a
little
bit
of
recent
history.
We
were
here
on
May
11th
Council
unanimously
approved
this
project
in
Tampa
Heights,
it's
at
the
southwest
corner
of
Columbus
and
Tampa.
It
was
supported
by
the
civic
association.
There
was
significant
I
think
Community
Support.
There
was
concern
about
the
tree,
the
degree
of
tree
removal,
candida,
there's
no
question
about
that.
O
I
think
Council
got
to
a
place
of
comfort
because
in
the
revision
sheet
that
you
adopted
on
May,
11th
Council
said
that
the
developer
to
prepare
a
conceptual
landscape
plan.
We
didn't
do
that.
It
wasn't
for
lack
of
trying
it
was
on
us.
It
was
more
due
to
lack
of
clarity.
What
we
provided
wasn't
good
enough
and
in
hindsight
you're
just
saying
prepare
a
conceptual
landscape
plan.
O
It
probably
wasn't
fair
to
Aaron,
because
she
didn't
really
have
adequate
detail
to
evaluate
so
what
we're
asking
Council
to
do,
and
there
is
still
the
record
for
May
11th
I
know
you
all
just
got
here,
but
I'm
going
to
spare
redoing
the
entire
presentation
that
I
gave
on
May
11th
we're
asking
that
you
approved
this
again,
but
this
is
going
to
be
count
as
the
first
reading,
but
with
a
revised
revision
sheet
and
that
revised
revision
sheet
has
the
detail
that's
required
for
for
us
and
to
satisfy
Aaron's
concerns
Ricky's
here
to
address
any
questions
you
might
have
and
I
would,
but
there
should
be
in
presumptuous.
O
It's
worth
considering
that
for
PDS
that
come
before
you
that
have
natural
resource
waivers,
you
require
I,
think
a
conceptual
landscape
plan
as
part
of
the
submittal
and
I'm
happy
to
talk
to
any
council
members
you're
interested
in
that
offline,
not
in
connection
with
the
squads
at
additional
proceeding,
but
I
think
it
would
probably
afford
the
community,
the
property
owner
staff,
everyone
a
little
more
certainty
about.
O
So
with
that
I'm
happy
to
answer
any
questions
would
ask
that
you
again
for
a
second
time
approve
this
the
first
time
and
with
this
new
revision
sheet,
which
the
developer
has
no
qualms
with,
and
we
will
do
it.
Thank
you.
Yes,
sir.
This
was
one
of
the
you
know.
This
is
one
of
our
my
first
cases
you
know
coming
on
Council.
O
It
was
a
learning
experience
because
and
I'll
tell
you
so
this
is
one
of
those
things
for
notice,
because
you
you
presented
RS,
renderings
and
remember:
I
questioned
about
the
underground
utilities
and
I
and
I
I
really
want
to
make
clear
that
from
now
on,
you
know
going
forward
that
when,
when
artist
renderings
are
presented
to
council,
they
should
be
very
reflective
of
what
the
what
the
actual
project
is
so
because
I
I
want
to.
If
it
doesn't
show
overhead
utilities,
you
know
I'm
gonna,
my
assumption
is
you're
going
to
underground
these
utilities.
O
You
know
make
sure
that
your
address
renderings
are
reflective
of
the
project
that
you're
actually
going
to
permit
and
you're
going
to
build
because
I'm
going
to
be
looking
at
that
sure-
and
it
puts
a
point
well
taken
I-
think
that's
all
the
more
reason
to
look
into
this.
An
application
requirement
for
the
conceptual
site
plan
I
do
think
what
was
shown
is
is
very
close
to
Accurate
to
what
we're
what
we're
going
to
do.
O
The
revision
sheet
that
you
hopefully
approve
tonight
is
going
to
make
that
100
clear,
as
opposed
to
90
clear
but
no
question
that
there,
this
I
hope
could
be
an
opportunity
to
avoid
these
kind
of
misunderstandings
a
little
bit
in
the
future.
Thank
you
thanks.
Anybody
in
the
public
wishes
to
speak
on
this
item,
57.
O
O
2318
or
these
being
read,
are
being
presented
for
second
reading
and
adoption
that
one
respect
the
first
reading
the
title
Remains
the
Same,
so
all
you
have
to
do
is
change
that
change
that
word
to
First
reading.
Thank
you.
Yes,
sir.
Thank
you
item
being
read
presented
for
first
reading
and
adoption
first
reading.
Not
adoption.
O
Is
that
good?
That's
right!
Thank
you
say
it
again.
Thank
you.
Okay,
see!
This
is
a
first
and
learning
teachable
moment.
I
apologize.
Let
me
start
from
the
beginning:
Rec
2318
ordinance
being
presented
for
first
reading
and
consideration
and
ordinance
rezoning
property
in
the
general
vicinity
of
2500
and
2510
North
Tampa
Street
106,
108
110
and
114
West
Columbus
Drive
in
101
and
103
West,
Amelia
Avenue
in
the
city
of
Tampa
Florida
and
more
particularly
described
in
section
one
from
zoning.
O
O
O
Sorry
I
watched
the
video
and
read
this
one
too.
Thank
you.
Development
coordination
agenda
number
58
thanks,
ab2
23-11.
This
is
being
presented
for
second
reading
and
adoption
at
the
location,
7107
North,
Florida
Avenue
this
for
our
special
use,
two
for
alcoholic
beverage
sales
for
a
small
venue,
consumption
on
premises.
Only
side
plans
have
been
turned
into
city
clerk's
office
come
here
for
any
questions,
any
questions
for
Mr
Hussein,
it's
nope
yeah,
all
right.
O
Yes,
sir
Mr
Porter,
sir
yeah
just
for
the
record
Jim
Porter
with
acremon
401
East
Jackson
Street
for
the
applicant
here
to
ask
for
your
approval.
Any
questions
for
the
gentleman.
Do
you
have
anybody
in
the
public
that
wishes
to
speak
on
item
58
motion
to
close
from
council
member
come
down
inside
from
councilmember
Marine,
all
in
favor,
council
member
Clendenin?
O
Would
you
mind
reading
item
58
I
moved
file
number
ab2
2311
an
ordinance
approving
a
special
use,
permit
S2
for
alcoholic
beverage
sales,
small
venue,
consumption
on
premises
only
and
making
lawful
the
sale
of
beverages,
regardless
of
alcohol
content,
beer,
Wine
Liquor
on
that
certain
lot
plot
or
track
of
land
located
at
7107
North
Florida,
Avenue,
Tampa
Florida,
as
more
particularly
described
in
section
2,
providing
all
that
all
ordinances
as
part
of
ordinances
in
Conflict
repealed,
providing
an
effective
date
from
council
member
Miranda
record.
Your
vote.
O
O
Okay,
go
ahead,
sir
Zane
Hussein
development
coordination
agenda
item
number
59
case
ab2
23-13.
This
is
being
presented
for
second
reading
and
adoption
at
a
location,
1501
West,
Swan
Avenue.
On
the
second
floor,
only
it
was
pretty
presented
for
us.
This
is
for
su-2.
First
alcoholic
beverage,
sales,
small
venue,
consumption
on
premises,
only
sci-fi's
have
been
turned
into
the
city
clerk's
office
I
mean
for
any
questions.
Any
questions,
nope
all
right
applicant.
O
The
Firm
older
Lundy,
1000,
West
cash,
Street,
Tampa
Florida,
nothing
to
add
from
first
reading
we're
here
to
answer
any
questions
and
thank
you
for
your
time
and
support
any
questions.
Is
there
anybody
in
the
public
that
wishes
to
speak
for
to
item
number
59
motion
to
close
motion,
close
from
councilmember
10
and
second
from
council
member
Miranda,
all
in
favor,
aye,
council
member,
her
attack?
O
Would
you
mind:
reading
I'm,
sorry,
council,
member
van
Dennen,
councilmember
59.,
yes,
file,
number
ab2-23-13
ordinance
being
presented
for
second
reading
and
adoption,
an
ordinance
approving
a
special
use,
permit
S2
for
alcoholic
beverage
sales,
small
venue,
consumption
on-premises
only
and
making
lawful
the
sale
of
beverages,
regardless
of
alcoholic
content,
beer,
Wine
and
Liquor
on
that
certain
lot
plot
or
tract
of
land
located
at
1501,
West
Swan
Avenue
second
floor.
Only
Tampa
Florida
as
more
particularly
described
in
section
two
providing
that
all
ordinances
or
parts
of
ordinances
in
Conflict
are
repealed,
providing
an
effective.
O
O
Thank
you,
Council
Kate
Wells
legal
department
for
the
record.
This
is
an
ordinance
amending
ordinance
number
2022-105,
which
rezone
the
property
located
at
2303,
North
Ola,
Avenue
and
211
West
Park
Avenue.
We
are
correcting
the
site
plan,
so
the
site
plan
that
you
see
attached
to
this
ordinance
is
the
correct
one
inconsistent
with
council's
motion.
When
you
consider
this
application
last
year,
I
asked
for
your
approval
all
right
any
questions
or
comments.
If
not,
who
would
like
to
read
it?
O
Councilmember
Carlson
item
number:
two:
yes,
I'd
like
to
move
file
number
res22-27
ordinance
amending
ordinance
being
presented
for
first
reading,
consideration
ordinance
amending
ordinance,
number
2022-105,
which
rezone
the
property
in
the
general
vicinity
of
2303
North,
Ola,
Avenue
and
211
West
Park
Avenue
in
the
city
of
Tampa
Florida.
In
order
to
correct
a
scrivener's
error
in
the
site
plan
attached,
as
exhibit
B
to
said
ordinance
and
replacing
same
with
the
attached
and
corrected,
exhibit
B
providing
effective
stuff.
We
have
motion
councilmember,
Carlson.
O
Second
councilmember
Miranda
roll
call
vote;
Henderson;
yes,
Sierra,
Miranda
Carlson;
yes,
vertex,
yes,
Linden!
Yes,
yes,
motion
carry
unanimously
with
Sierra
being
absent
at
vote.
Second,
reading
adoption
will
be
held
on
July
13
2023
at
9
30
a.m.
Item
number
three
is
also
to
correct
a
scrivener's
error:
yes,
ma'am
kamaria
Pettis
Michael
from
the
legal
department.
This
is
an
ordinance
to
amend
ordinance
number
2023-16,
which
designated
the
expansion
of
the
boundaries
of
the
Hyde
Park
historic
district
as
a
local,
historic
district.
O
This
ordinance
is
necessary
in
order
to
correct
the
legal
description
for
the
application
that
city
council
approve
and
the
city
is
asking
to
approve
this
ordinance
any
questions
or
comments.
Yes,
sir.
It
in
public
comment
this
morning.
Somebody
mentioned
it
that
this
original
ordinance
did
not
include
dobbyville
I
I
thought
it
specifically
did
include
dopeyville
yeah.
It
was
incomplete
like
south
of
Platt
Street
or
something
right,
I,
the
I
don't
know
and
I
apologize,
I,
don't
know
the
the
exact
street.
We
can
go
back
and
look
at
it.
Thank
you
Miranda.
O
Would
you
like
to
read
item
number
three.
Thank
you,
chairman
file,
number
three
file:
number
p20228
chapter,
27,
HBC,
2021-4,
Motors,
being
first
reading,
consideration
an
ordinance,
amended
New,
York
number
2023-16,
the
designated,
the
expansion,
the
boundaries
of
Hyde,
Park,
historic,
historic
district.
It's
a
local
historic
district
in
the
city
of
Tampa
Florida
in
order
to
correct
the
scrivener's
era
and
the
legal
description
of
exhibit
a
to
said
ordinance
and
replace
the
same
with
the
attached
and
correct
exhibit
a
providing
an
effective
date.
We
have
motion
from
councilman
Miranda.
Do
we
have
a
second?
O
Second,
a
roll
call
vote.
Please
Miranda!
Yes,
Carlson!
Yes,
yes,
Henderson!
Yes,
yes,
motion
care,
unanimously,
Riviera
being
absent
ass
vote.
Second
reading
and
adoption
will
be
held
on
July
13
2023
at
9,
30
A.M,
all
right.
That
takes
care
of
that.
Now.
Let
me
get
to
the
staff
reports.
We
have
no
Administration
update
all
right.
We
have
an
item
number
65,
which
is
a
three
million
dollar
Mr
Baird
you're.
Still
here
go
ahead.
Sir
item
number
65.
O
While
we're
waiting
I'd
like
to
all
right,
okay,
all
right,
sorry
about
that
everybody,
it
showed
me
as
unmuted,
but
Brad
bear
Deputy
Administrator
of
infrastructure.
O
O
With
that
I'll
take
any
questions,
any
questions,
any
questions,
no,
can
I
get
a
motion
to
move
this
recipe
motion
from
council
member
Miranda,
second
from
second
second
council
member
van
Dennen,
all
in
favor
aye
any
opposed
great
all
right.
Thank
you
very
much.
Next
up,
Vic
bday
will
be
there.
He
is
virtual
for
item
number
68..
You
have
a
a
written
report.
O
Do
you
have
anything
else
to
add
unless
there's
any
questions
from
council
members,
big
b-day
mobility
department,
I'm
available
to
answer
any
questions,
this
is
the
26th
quarterly
report
that
outlined
CIB
and
maintenance
activities.
Any
questions
for
Mr
bday,
yes,
ma'am!
Thank
you,
I,
don't
have
any
questions.
I
just
want
to
again
say
thank
you
for
this
report.
It's
always
very
thorough
and
very
excellent
and
keeps
me
updated
on
what's
going
on
with
the
storm
water
and
I
greatly
appreciate
it.
O
O
Oh
I'm,
sorry,
I'm,
sorry,
okay,
we've
got
a
motion
from
councilman
Maniscalco,
second
from
councilman
Carlson
and
all
those
in
favor,
say:
aye
aye
opposed
motion
passes,
wait,
70
71.,
no
staff
was
not
needed.
Yeah.
No,
no,
but
she's
asking
about
71
staff
was
not
needed
per
council
member
vieira's
request.
So
we're
good
on
that
and
I
think
we're
good
on
the
rest
of
the
agenda.
O
If
I
can
can
we
take
those,
then
what
is
the
action
on
number
seven
you
want
to
receive
in
files
or
just
to
remove
from
the
agendas
yeah
motion
to
receive
him?
Well,
nothing
was
received
so
I
guess:
there's
no
report.
What
will
the
record,
what
will
the
Morris
Massey
legal
department
I
believe
there
was
a
conversation
between
Mr,
rojiro
and
councilman
Viera,
where
this
request
for
the
initial
money
was
going
to
be
handled
as
part
of
the
fy24
budget,
so
I
think
that's
how
it
was
handled.
O
O
We
have
Peggy
land
who's
going
to
be
turning
90.
June
21st
and
former
city
council
member
Charlie
spicola
is
having
his
birthday
I.
Think
today
and
a
very
special
birthday
too
Sue
Ling
Lucas,
that
is
tomorrow,
happy
birthday,
happy
birthday
doll.
O
We
were
hoping
to
celebrate
with
you
councilmember
Carlson.
Do
you
have
any
new
business?
If
you
talked
to
Peggy,
don't
tell
her,
you
know
how
old
she
is.
I
I
have
I
have
some
quick
ones.
Council,
member
Clendenin
I
was
going
to
make
a
motion
about
putting
the
central
planning
district
on
the
agenda.
Do
you
want
me
to
go
ahead
and
do
that
or
you
want
me
to
wait
for
your
process?
O
I
I've
been
I've,
been
talking,
I've
been
speaking
with
the
Planning
Commission
folks
about
that,
and
there
was
some
discussion
about
whether
we
do
it
through
the
plan.
Amendment
process,
which
I
mean
I've,
got
some
dates
that
they.
This
is
what
they
threw
dates
at
me
that
if
we
did
it
separately
now,
we're
probably
looking
at
maybe
a
January
finish
if
we
go
through
the
process
itself
with
maybe
June.
So
it's
not
really
an
accelerated
I
did
hear.
O
In
fact,
subsequent
to
the
discussion
I
had
with
planning
discussion
that
there
may
be
some
rumors
about
a
proposed
development
on
Davis
Islands,
which
may
heighten
my
attention
to
this
I
was
going
to
make
a
motion
just
for
staff
to
come.
Talk
to
us
about
doing
this
on,
August
3rd
should
I.
Do
that
or
you
want
me
to
wait
for
your
process.
I
know
that
no,
that
would
that
would
that
would
be
appropriate
from
where
I'm
at
in
this
process
and
and
when
we
do.
O
This
I
think
we
want
to
talk
about
removing
a
Hyde
Park
and
both
of
the
islands
from
that
plane.
Yeah
so
I'd
like
to
make
a
motion
to
ask
City
staff
to
study
the
possibility
of
moving
the
southern
boundary
of
the
central
planning
district
to
a
Zeal
and
Old
Water
Street,
and
to
report
to
Council
on
August
3rd
all
orders
good.
Now
we
have
a
motion:
council,
member
Carl
son,
anything
more
second
Clendenin,
all
in
favor
all
right.
O
Any
opposed,
yeah
related
to
the
long
discussion
this
morning
to
give
staff
the
benefit
of
the
doubt.
I
would
like
to
make
a
motion
to
as
Brad
Baird,
Gene,
Duncan
and
John
Bennett
to
lead
a
workshop
discussion
on
August
31st
about
how
we
can
improve
transparency
and
accountability
in
the
contract
Administration
CCNA
process.
Second,
we
have
a
motion
from
council
member
Carlson's,
second
council
member,
her
Tech
all
in
favor
aye
aye
any
opposed.
Yes,
sir
motion
asks
staff
to
report
to
Council
on.
This
is
related
to
something
I
said
earlier.
O
Right
now,
yeah,
can
you
restate
what
your
emotional
yeah?
The
point
is
that
if
and
I
might
not
remember
the
numbers
correctly,
but
if,
if
water
has
a
surplus
of
10
million
and
solid
waste,
has
a
deficit
of
8
million
as
I
understand
it,
the
only
way
to
pay
that
is
in
the
general
fund.
So
if
we're
going
to
have
to,
if
we're
going
to,
if
we're
gonna
I
was
talking
about
a
surplus
in
the
water
fund
and
a
deficit
in
the
in
the
stormwater
front
or
solid
waste
fund.
O
So
the
if
the
only
way
to
fill
the
Gap
in
the
solid
waste
fund
is
through
the
general
fund
and
instead
of
doing
that,
we
can
adjust
the
water
rate
slightly
down
in
the
in
the
solid
waste
rate
slightly
up
that
way,
they're
even
and
it
won't
impact
the
it
won't
impact
ratepayers
overall
rate,
most
likely
and
it
won't
impact
the
general
fund.
All
I'm
asking
is
sort
of
staff
to
come
back
and
report
on
it,
and
then
we
can
decide.
May
I
answer
that?
Yes,
you
know
it
sounds
great
and
it
seems
great.
O
However,
if
you
ever
go
back
to
the
bonding
area,
we
got
the
lowest
Bond
and
we're
the
only
two
in
the
whole
state
of
Florida
that
has
periphery
rating
we're
one
of
13
in
the
whole
country,
the
heavens
Ripple
we're
already
in
the
water
area,
and
that's
because
because
they're
healthy
once
you
diminish
that
I'm,
not
against
lowering
anything
I
want
you
to
diminish
that
you're
going
to
maybe
raise
the
interest
rate
and
you're
going
to
lose
everything
you
gain
for
that
I.
Think
in
the
in
the
report.
O
They
would
talk
to
us
about
that
and
they
made
that
argument
for
I.
Think
there's
a
balance
that
we
have
to
achieve,
but
all
I'm
asking
for
is
for
them
to
come
report
back
on
it.
So
can
we
just
tackle
this
maybe
another
day
take
an
IOU
on
it
for
right
now,
because
we've
got
some,
we've
got
a
lot
of
stuff
and
we're
it's
kind
of
late
in
the
evening,
I
mean
yeah.
O
My
the
only
reason
I
push
is
because
we're
going
to
be
gone
and
then
and
then
the
where
the
budget
is
going
to
be
coming
up.
Councilwoman.
Thank
you.
I
I
I'll
support
this,
but
I
also
know
that
that
extra
10
million
dollars
goes
toward
our
water
and
wastewater
projects
and
I
like
the
capital,
stuff
and
I'm
I
would
be
hesitant
because
then
that
means
we
still
have
to
borrow.
We
have
ton
to
do
there.
I'm
not
I,
don't
really
see
how
that
balances
out,
but
I'm
willing
to
listen.
O
That's
why
we're
gonna
get
that
all
right,
I'll
I'll
table
this.
The
last
one
is
I,
don't
want
to
get
a
long
discussion
publicly
and
unfortunately
we
can't
talk
about
privately,
but
I
I've
had
some
concerns
about
security.
A
year
or
two
ago,
the
city
staff
looked
at
security.
They
built
a
bulletproof
door
there.
There
are
some
other
security
gaps
that
I'd
like
them
to
look
at,
but
I'd
like
them
to
talk
to
all
of
us
about
it.
O
O
We
had
a
city,
employee,
chase,
a
city
council
member
down,
I
mean
essentially
assault
the
city
council,
member,
chasing
with
a
phone
and
and
and
we've
got
a
I
think
we've
got
to
look
at
security,
so
I'd
like
to
make
a
motion
to
have
City
staff,
to
analyze
security
for
city
council
and
to
interview
council
members
and
to
hear
any
concerns
in
a
report
back
on
August
3rd.
If
I
can
Mr
chairman
I'm
just
going
to
raise
this
issue,
two
concerns
number
one
is
security?
O
Is
a
very
serious
issue
and
such
so
that
the
state
legislature
has
actually
Exempted
the
discussion
of
security
from
the
public
meetings
law.
He
said
he
said
individual
meetings,
individual
means
he's
giving
a
day
for
Port,
that's
going
to
be
in
writing
or
not
well,
I
think,
let's
get
staff
working
on
it
and
then
we
can.
If
we
need
to
change
the
date
or
do
it
privately,
we
can
but
at
least
we
can
get
this
on
the
agenda,
so
we
can
look
at
it.
O
O
August,
3rd,
yeah
and
and
look
behind
me,
you
know
so
anyway,
yeah
if
you
guys
remove
this
forward,
I
appreciate
it
yeah.
My
second,
though,
motion
from
I
was
concerned
on
our
Workshop
that
we
didn't
have
security,
yeah,
yeah.
O
O
This
wanted
to
say
that
Friday
is
the
city
of
Tampa's
flag,
raising
and
Juneteenth
Festival,
and
it
was
this
time
last
year
that
City
staff
was
reporting
on
council
member
Good's
request
for
the
city
to
follow
the
lead
of
the
federal
government
and
to
make
Juneteenth
a
holiday
where
all
the
offices
are
closed
and
the
employees
are
paid.
I
want
to
thank
former
council
member
goods
for
his
leadership
and
for
pushing
the
mayor
to
not
settle
for
a
floating
holiday,
but
to
give
this
day
the
respect
and
observance
that
it
deserves.
O
Many
of
us
did
not
grow
up
learning
about
Juneteenth
and
by
making
it
a
holiday
that
the
city
offices
are
closed.
It
sends
the
message
that
African-American
history
is
important
and
we
cannot
allow
that
history
to
be
forgotten.
Second,
I
just
wanted
to
say
it.
That
was
an
emotion,
no
I
just
wanted
to
say
councilmember
Clinton,
yes,
I
would
like
to
add
a
short
time
permitting
at
our
next
workshop
on
June
23rd,
I'm,
sorry
22nd,
a
short
discussion
about
public
comment.
O
Okay,
as
a
point
of
order,
I
don't
think
we
can,
because
we
limited
the
number
of
items
we
have
at
a
workshop.
What
is
our
20
seconds.
O
Time
permitting
yeah
I
would
I
would
recommend
you
move
it
to
the
next
Workshop.
When
is
our
next
Workshop
August?
Okay
I
meant
that
to
August
31st,
okay
motion
from
council
member
Clendenin,
second
from
council
member
Carlson,
all
in
favor,
that's
kind
of
vague,
so
intentionally
left
leg
then
go
up
against
the
workshop.
I
want
to
discuss
it.
O
I
don't
want
to
I,
don't
want
to
jump
to
any
conclusions.
I'll
I'll
say
yes,
but
I'm
really
I
know
I
just
admit
that
at
the
public
I
know
pays
for
our
salaries
deserves
to
have
their
say,
I,
know
and
I
seconded
to
support
the
discussion,
but
I'm
I
believe
in
public
communism.
Yeah,
yes,
ma'am!
Thank
you.
O
Just
following
behind
council
member,
her
Tech
about
the
fourth
annual
celebration
of
Juneteenth
here
at
Old,
City
Hall,
we're
raising
the
flag
tomorrow,
as
well
as
a
festival
that
will
take
place
immediately
after
the
flag
raising
until
2
pm.
The
public
is
invited
and
just
a
another
note
to
say
to
everyone
and
be
on
record
that
May
6
May
6
1864
one
year
prior
to
Juneteenth
Tampa
was
Tampa's
emancipation
day.
So
very
good.
We
were
first,
that's
right,
okay,
that
is
it!
Thank
you.
Councilmember
Moran
I
got
three
but
they're.
O
Real
quick
I
would
like
to
make
a
motion
for
Council
to
schedule
two
physical
year,
2024
budget
public
hearings,
the
first
public
hearing
to
be
held
on
special
call,
meeting
on
Tuesday
September
5th
2023
at
501
PM,
the
second
hearing
to
be
held
on
special
call
meeting
scheduled
for
Tuesday
September,
the
19th
2023
at
501.
We
have
motion
councilmember,
Miranda,
councilmember
Tech,
all
in
favor
aye
any
opposed.
Yes,
sir.
O
The
last
one
is
I
would
like
to
make
a
motion
to
schedule:
mayor
Jane,
Caster
to
present
a
physical
year,
2024
budget
at
the
regular
Council
session.
August
20
August.
Excuse
me
August
3rd
2023,
and
please
let
please
let
it
be
a
reflection
that
this
should
be
heard
as
number
one
on
the
agenda
sure
we
have
a
full
day.
I,
don't
know
yes,
sir.
Could
I
just
ask
you
to
amend
that
to
put
in
person
in
person.
O
We
have
a
second
second.
What
day,
would
you
like
for
her
to
do
this
August
3rd
August
3rd?
It's
traditionally
yeah,
traditionally
what
they
do
it
in
the
summertime
all
in
favor
second,
was
across
all
in
favor
yay.