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Thursday, May 5, 2011
9:00 a.m. Session


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08:45:58 >>CHARLIE MIRANDA: Order of the Chair yields to Lisa

09:04:01 Montelione.

09:04:02 >>LISA MONTELIONE: Thank you, Mr. Chair.

09:04:03 At this time, I would like to introduce Dr. Mohamed

09:04:07 Sultan from the Islamic Society of Tampa Bay.

09:04:11 He will give our invocation this morning.

09:04:14 All rise.

09:04:14 >> (Speaking foreign phrase) Which means peace be unto

09:04:25 you.

09:04:26 Like to wish everyone a good morning.

09:04:27 We have entered a new day and with it all dominion is

09:04:33 to God, praise be to God.

09:04:36 None has the right to be worshiped save God alone, who

09:04:39 has no partners.

09:04:41 To him alone belongs the dominion and the praise and he

09:04:45 is able to do all things.

09:04:47 My Lord, I ask you for the goodness of this day, and of

09:04:50 the days that come after it.

09:04:51 And I seek refuge in you from the evil of this day and

09:04:55 the days that come after it.

09:04:56 My Lord, I seek refuge in you from the laziness and

09:05:00 helplessness of old age.

09:05:03 My Lord, I seek refuge in you from the punishment from

09:05:07 the hell fire and from the punishment of the grave.


09:05:26 >>CHARLIE MIRANDA: Roll call.

09:05:30 >>MIKE SUAREZ: Here.

09:05:32 >>YVONNE CAPIN: Present.

09:05:34 >>FRANK REDDICK: Here.

09:05:36 >>HARRY COHEN: Here.

09:05:37 >>LISA MONTELIONE: Here.

09:05:38 >>CHARLIE MIRANDA: Here.

09:05:42 >>CHARLIE MIRANDA: I need a motion for approval of the

09:05:44 agenda.

09:05:45 >> So moved.

09:05:46 >> Second.

09:05:47 >>CHARLIE MIRANDA: Any corrections?

09:05:48 >> For the minutes.

09:05:50 >>CHARLIE MIRANDA: The minutes of the agenda, held on

09:05:52 April the 21st.

09:05:53 So moved.

09:05:54 Have a motion by Mr. Reddick, seconded by Ms. Capin.

09:05:58 Further discussion Councilmembers?

09:06:01 All in favor of the motion, please indicate by saying

09:06:01 aye.

09:06:03 The ayes have it unanimously.

09:06:03 Okay, any items that the Council took up in last week's

09:06:10 matters for legislative matters that are being

09:06:12 requested for reconsideration, please bring them up

09:06:15 now.

09:06:19 I see none.

09:06:22 >> Mr. Chairman, did you wish to have the clerk review

09:06:25 the agenda at this point?

09:06:27 >>CHARLIE MIRANDA: We have already reviewed the agenda.

09:06:29 I think there are some items she'll bring up and I'll

09:06:32 bring that to her attention.

09:06:33 Any review, Ms. Clerk?

09:06:40 >> Yes.

09:06:40 For items and addendum to the agenda, we have

09:06:46 substitution item 26, legal department has distributed

09:06:50 a memorandum requesting a substitution of ad valorem

09:06:56 tax exemption ordinance to make a minor change for

09:06:59 clarification purposes in the definitions section.

09:07:03 Under the continuance or removal of items, item number

09:07:09 27 is asked to be withdrawn.

09:07:13 Joe Toph, petitioner's representative, has sent an

09:07:18 e-mail requesting that the petition be withdrawn.

09:07:21 This is an ordinance rezoning property at 1008 South

09:07:27 Clearview Avenue.

09:07:29 Again, that's being withdrawn.

09:07:30 Item 38, request for renaming 29th street for Abraham

09:07:37 Brown, the administrator for public works and utility

09:07:43 services is requesting a continuance of the report to

09:07:48 June 2nd, 2011.

09:07:50 Other note, item 31, there's an ordinance making

09:07:59 comprehensive revisions to chapter 27, Community

09:08:03 Gardens.

09:08:05 An ordinance has been provided to the city clerk's

09:08:09 office that specifies the type as S-1 as requested by

09:08:13 Council.

09:08:13 Those are the items on the addendum.

09:08:19 Thank you.

09:08:20 >>CHARLIE MIRANDA: Thank you, Madam Clerk.

09:08:21 Just for the clarification, item 26, I believe that's

09:08:24 the one that was put on the ballot and passed and it

09:08:26 mirrors Hillsborough County, am I correct?

09:08:29 The legal department?

09:08:30 Okay.

09:08:30 And item number 38, we had a discussion -- I had a

09:08:40 discussion with the administration.

09:08:41 Instead of having it June 2nd, I'd like to change it

09:08:44 for 90 days and appoint Mr. Frank Reddick to work with

09:08:48 the administration for the appropriateness of this fine

09:08:52 individual who gave so much for so many for so long.

09:08:56 Need a motion on item 38 to do that.

09:09:03 >>> 90 days.

09:09:04 I want to give the administration 90 days, and appoint

09:09:08 Mr. Reddick to work with the administration regarding

09:09:10 this appropriateness.

09:09:11 >> So moved.

09:09:12 >>CHARLIE MIRANDA: I have a motion by Councilmember

09:09:14 Mulhern, second by Mr. Suarez.

09:09:15 All in favor of the motion, please indicate by saying

09:09:17 aye.

09:09:19 Opposed nay?

09:09:20 The ayes have it unanimously.

09:09:21 Anything else, Madam Clerk?

09:09:22 >> No.

09:09:23 Thank you.

09:09:23 >>CHARLIE MIRANDA: Thank you.

09:09:24 We go to committee reports.

09:09:27 Mr. Frank Reddick, Public Safety Committee.

09:09:31 >>FRANK REDDICK: Mr. Chairman, move items 1 through 3.

09:09:39 >>CHARLIE MIRANDA: All in favor of the motion, please

09:09:39 indicate by saying aye.

09:09:40 Opposed nay?

09:09:41 The ayes have it unanimously.

09:09:42 Parks, Recreation, Culture Committee, Ms. Mary Mulhern.

09:09:46 >>MARY MULHERN: Thank you, Mr. Chairman.

09:09:47 I move items number 4 through 8.

09:09:51 >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern,

09:09:53 seconded by Mr.-- by Ms. Montelione.

09:09:57 I'm sorry, I had a slip.

09:10:01 All in favor of the motion, please indicate by saying

09:10:02 aye.

09:10:06 The ayes have it unanimously.

09:10:07 Public Works Committee.

09:10:08 Mr. Mike Suarez.

09:10:09 >>MIKE SUAREZ: I ask that we move items nine through

09:10:12 18.

09:10:12 >> Second.

09:10:13 >>CHARLIE MIRANDA: Have a motion by Mr. Suarez,

09:10:15 seconded by Ms. Mulhern.

09:10:16 All in favor of the motion, please indicate by saying

09:10:18 aye.

09:10:18 The ayes have it unanimously.

09:10:21 Finance committee, Mr. Harry Cohen.

09:10:26 >>HARRY COHEN: Mr. Chair, I move that we approve items

09:10:28 19 and 20.

09:10:29 >>CHARLIE MIRANDA: Have a motion by Mr. Cohen, seconded

09:10:34 by Mr. Reddick.

09:10:36 All in favor of the motion, please indicate by saying

09:10:36 aye.

09:10:37 Opposed nay.

09:10:38 The ayes have it unanimously.

09:10:38 By the way, we have one individual who has been with

09:10:40 the city sometime doing an excellent job and one

09:10:44 individual just came on the city.

09:10:46 Going to do an excellent job.

09:10:47 Both here.

09:10:48 You want to say a couple words, you're welcome.

09:10:51 >> Good morning, Jim Shimberg, City Attorney.

09:10:54 I appreciate the support and looking forward to working

09:10:57 with everybody.

09:10:59 >>CHARLIE MIRANDA: You'll be here a long time with that

09:11:01 short speech.

09:11:02 [ Laughter ]

09:11:03 >> Good morning.

09:11:05 Santiago Corrada, Chief of Staff and Convention Center

09:11:07 Administrator.

09:11:09 Thank you for your support this morning.

09:11:11 We are very, very excited and look forward to working

09:11:14 with you Honorable Members of City Council, make sure

09:11:16 the job of the city gets done.

09:11:18 Our departments are very, very excited.

09:11:20 Thank you for your support this morning.

09:11:22 >> Thank you both, very much.

09:11:24 >> Building, zoning, preservation committee,

09:11:26 Ms. Montelione.

09:11:28 >> I move items 21, 22.

09:11:32 >>CHARLIE MIRANDA: Have a motion by Ms. Montelione.

09:11:34 All in favor of the motion, please indicate by saying

09:11:35 aye.

09:11:36 The ayes have it unanimously.

09:11:37 Transportation committee.

09:11:39 Ms. Yvonne Yolie Capin.

09:11:41 >>YVONNE CAPIN: Thank you, Mr. Chair.

09:11:42 I move item 23.

09:11:43 >> Second.

09:11:43 >> Have a motion by Ms. Capin, second by Ms. Mulhern.

09:11:47 All in favor of the motion, please indicate by saying

09:11:48 aye.

09:11:48 Opposed nay.

09:11:49 The ayes have it unanimously.

09:11:50 Items being set for public hearings, I need a motion

09:11:53 for 24 and 25.

09:11:54 >> So moved.

09:11:55 >>CHARLIE MIRANDA: I have a motion by Ms. Capin, second

09:11:57 by Mr. Reddick, all in favor of the motion, please

09:12:00 indicate by saying aye.

09:12:00 Opposed nay?

09:12:02 The ayes have it unanimously.

09:12:02 Wow.

09:12:04 They were running a little ahead of time, so, public

09:12:11 comment.

09:12:11 Anyone in the audience care to speak to any item on the

09:12:14 agenda?

09:12:22 >> I came to -- I'm Ed Tillou from Sulphur Spring.

09:12:28 I came down here to speak on red light cameras

09:12:32 basically, that the fines that are associated with

09:12:33 these are too high.

09:12:35 But I see some items that are on the agenda, which bear

09:12:38 on this clipping that I'll pass around to people to

09:12:44 look at.

09:12:45 Okay.

09:12:46 Anyway, it's a gift to yourselves for having to lay off

09:12:51 employees from state Senator Jim urban sprawl.

09:12:56 And the thing is, it's like to bail out the real estate

09:13:01 industry, which is supposed to be in trouble, but maybe

09:13:03 they had something to do with it.

09:13:05 And this conjures up memories in my mind of Governor

09:13:10 Ehrlich of Maryland, with Michael Steele and they have

09:13:13 a key in hand and they're saying you too can have your

09:13:15 own home.

09:13:16 But we know where all of that led to.

09:13:19 And the thing is that where this bears on things, like

09:13:23 item 24, historic preservation.

09:13:27 I think that's something very worthy of tax exemption.

09:13:30 And item 26.

09:13:34 26 is again tax exemption.

09:13:37 But this can be overdone.

09:13:39 Like maybe the next step will be to help the

09:13:41 entertainment industry by having the hotel motel tax.

09:13:45 But in the meantime, you have budgets you have to make.

09:13:49 Maybe I'll be able to get to now the red light cameras.

09:13:53 I think these are a very powerful tool, but I remember

09:13:56 when I got dinged by one 10 or 12 years ago with $70.

09:14:02 And the inflation hasn't been that much.

09:14:04 Maybe nowadays that should be about 90.

09:14:07 But if half of that money has to be returned to the

09:14:11 people that set this up, maybe the city should look

09:14:14 into doing this themselves.

09:14:16 Because I think this is so powerful a tool.

09:14:19 There's a need for an independent traffic law

09:14:23 enforcement agency, apart from the police, like Europe

09:14:29 and Mexico I think maybe does it.

09:14:31 And what you've got to remember is like Admiral Collins

09:14:35 was a very valuable member of the community.

09:14:39 And he succumbed to a turning car.

09:14:44 I think these red light cameras, as horrendous as cars

09:14:48 going through a red light are, it's also true how these

09:14:51 cars make a turn.

09:14:52 A hundred feet from you, they make a turn without a

09:14:56 stop, which they're supposed to do when it's red.

09:14:59 Or even with a green light.

09:15:02 They're going 25 and 35 miles an hour when they come

09:15:05 out of one of these side streets, a hundred feet from

09:15:07 you.

09:15:08 And that's to a large extent what Admiral Collins was

09:15:11 killed by.

09:15:12 And are over on the other coast, the nephew of the

09:15:16 Dalai Lama was killed.

09:15:19 So something's got to be done in the case of the

09:15:21 bicycle, so often they are on the wrong side of the

09:15:24 road.

09:15:24 And a lot of the pedestrians have to jaywalk.

09:15:28 You have to jaywalk because maybe you don't have enough

09:15:30 time to get across these horrendously wide streets,

09:15:34 because you've got the situation with turning cars that

09:15:37 actually make crossing with the light more detrimental

09:15:40 than crossing against the light.

09:15:42 You have to use intelligent jaywalking to get across

09:15:45 these streets.

09:15:46 But as I say, $160 is too high.

09:15:49 And I see the root of that maybe in too many rich

09:15:52 Democrats that have lost touch with where most people

09:15:57 are at.

09:15:59 >>CHARLIE MIRANDA: Thank you very much.

09:15:59 Anyone else in the audience care to speak on any item

09:16:03 on the agenda?

09:16:06 Anyone care to speak on any item that's not on the

09:16:10 agenda?

09:16:10 Anyone care to speak at all?

09:16:12 That takes care of all three of those.

09:16:15 All right.

09:16:15 We're running a little ahead of time.

09:16:18 These are ordinances for, proposed ordinances for

09:16:24 second reading, so I don't think we can call them

09:16:27 before 9:30.

09:16:28 Even though item 27 is going to be withdrawn, so guys

09:16:32 we can do that one.

09:16:33 We can't?

09:16:34 Can't do it.

09:16:35 All right.

09:16:36 But we it -- got to white until 9:30.

09:16:41 What we're going to do since we are a little ahead of

09:16:43 schedule.

09:16:43 Any new business by Councilmembers?

09:16:46 I believe we go right to left this time.

09:16:48 Mr. Suarez?

09:16:53 >>MIKE SUAREZ: Couple of pieces of new business here.

09:16:55 First, I'd like to amend the motion from the April 14th

09:17:00 session, designating May as Moffitt month to include a

09:17:04 presentation date.

09:17:05 I will be presenting the commendation on Tuesday, May

09:17:09 24 at the Moffitt Foundation board meeting at 10:30 am.

09:17:14 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by

09:17:16 Ms. Mulhern.

09:17:17 All in favor of the motion, please indicate by saying

09:17:19 aye, opposed.

09:17:22 The ayes have it unanimously.

09:17:23 >> Also, like to ask for a commendation for -- we have

09:17:29 an event that's coming up over at Moffitt.

09:17:32 The medical team from the King Fahd Medical Center

09:17:37 International affiliate Will be coming in on Tuesday,

09:17:40 May 10th, at the stable research building at Moffitt

09:17:44 Cancer Center.

09:17:46 We'd like to deliver a commendation at that time.

09:17:51 I'd like a motion for that.

09:17:53 >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, second

09:17:56 by Mr. Reddick.

09:17:57 All in favor of that motion, please indicate by saying

09:17:59 aye.

09:18:00 The ayes have it unanimously.

09:18:00 Anything else?

09:18:02 >>MIKE SUAREZ: One last thing.

09:18:03 And this is a little bit off what we usually talk

09:18:06 about.

09:18:06 But this past week, obviously we had news about the

09:18:10 operation to kill Osama Bin Laden.

09:18:15 Because the folks at special operations command at

09:18:22 MacDill Air Force Base were probably involved, but

09:18:23 we'll never know because of the secret nature of the

09:18:27 operations, I'd like to commend them.

09:18:30 We're not going to do a commendation, but I'd like to

09:18:33 commend them as a board for their operation, their

09:18:36 skill, their bravery in going after the FBI's most

09:18:41 wanted terrorist.

09:18:42 And to quote Churchill, this is not the beginning of

09:18:48 the end, but it's the end of the beginning.

09:18:50 So hopefully we'll be vigilant to continue fighting

09:18:53 against terror and just to support our president and

09:18:56 our government in doing so.

09:18:59 >>CHARLIE MIRANDA: Thank you very much.

09:19:09 >>CHARLIE MIRANDA: He tried to correct me.

09:19:13 [ Laughter ]

09:19:14 >>CHARLIE MIRANDA: Ms. Yvonne Yolie Capin.

09:19:16 >>YVONNE CAPIN: Thank you, chair.

09:19:17 No, I have nothing new except I would like to say one

09:19:21 word.

09:19:22 Sweet!

09:19:24 [ Laughter ]

09:19:24 >>CHARLIE MIRANDA: Thank you very much.

09:19:25 I really appreciate that.

09:19:26 Mr. Frank Reddick?

09:19:28 >>FRANK REDDICK: No new business, Mr. Chair.

09:19:30 >>CHARLIE MIRANDA: Thank you very much.

09:19:30 Ms. Mulhern?

09:19:32 >>MARY MULHERN: No new business.

09:19:34 >>CHARLIE MIRANDA: Stretching time, we don't have any

09:19:35 new business.

09:19:36 Mr. Cohen?

09:19:41 >>HARRY COHEN: I would like to propose that we hold a

09:19:43 workshop on issues related to street solicitation

09:19:47 policies and public safety on the medians and

09:19:51 intersections of our roadways.

09:19:53 And that we do so on June 16th.

09:19:57 2011.

09:19:58 And there are five items that I would like to suggest,

09:20:06 topics of discussion at that workshop.

09:20:08 First, would be to ask our city attorney to give us a

09:20:13 briefing on the current state of the case law, and

09:20:15 particularly the first amendment issues covering this

09:20:18 issue.

09:20:19 Second, to discuss what is now Senate bill 1180.

09:20:25 It's a bill that was introduced by Senator Latvala, I

09:20:28 believe it's passed the Senate and expected to pass the

09:20:34 House.

09:20:35 It may include some new options that may be available

09:20:38 to local governments for dealing with these kinds of

09:20:40 issues.

09:20:41 I think it would be helpful for the city attorney to

09:20:43 brief us on what is contained in that bill.

09:20:46 Third, to ask Tampa Police Department to brief us on

09:20:50 their views on this issue, as well as inviting the

09:20:53 Hillsborough County Sheriff's Office to discuss with us

09:20:55 their experience in enforcing their own ordinance.

09:20:58 Number four, to discuss with representatives of the

09:21:03 administration the prospects for using a percentage of

09:21:06 the revenue that is going to be produced by the red

09:21:11 light cameras, to provide for some kinds of services

09:21:16 for people that are currently engaged in panhandling.

09:21:20 And I think that it would be helpful for us to really

09:21:24 try to be creative and think of some of the types of

09:21:27 services that we would be interested in seeing either

09:21:31 expanded or supported.

09:21:33 And number five, to discuss some creative options,

09:21:38 perhaps new options in terms of the new law for trying

09:21:42 to assist newspaper vendors and charitable

09:21:45 organizations in being able to continue with the work

09:21:47 that they are doing.

09:21:49 >>CHARLIE MIRANDA: Ms. Mulhern?

09:21:52 >>MARY MULHERN: Yes.

09:21:52 I don't know -- I think that's great, especially having

09:21:57 the sheriff's office.

09:22:00 We have had many reports from the Tampa Police

09:22:02 Department, but I don't believe Council's heard from

09:22:06 the sheriff.

09:22:09 I'm wondering about the red light cameras, because

09:22:13 didn't the state just outlaw that?

09:22:18 >> No, no, actually the house narrowly stopped it.

09:22:21 But it appears it's going to die in the Senate.

09:22:24 But either way, the purpose I think is having the

09:22:26 workshop on the 16th of June.

09:22:30 Let the legislative issues be sorted out and give the

09:22:33 city attorney some time to study the issue.

09:22:36 One of the things I was going to add, I'd like to ask

09:22:39 the city attorney, if possible, if they would be able

09:22:43 to provide us with some written information on some of

09:22:45 these issues?

09:22:47 Seven days prior to the workshop, so we would have a

09:22:50 chance to get up to speed.

09:22:51 I know a lot of us are new.

09:22:53 And didn't have the benefit of a lot of the discussion

09:22:56 that took place about this issue a few months ago.

09:22:59 Also it appears that some of the laws are changing

09:23:02 regarding these matters.

09:23:04 >>MARY MULHERN: Okay.

09:23:06 Just, maybe just -- I don't think I need to add

09:23:09 anything.

09:23:10 I'll second it.

09:23:11 I think that we probably will want to discuss some

09:23:13 other issues and maybe that would fit under your red

09:23:17 light camera part, where we could talk about generating

09:23:22 revenue to pay for any of the costs, increased costs

09:23:27 related to having more, you know, having -- enforcing

09:23:34 no solicitation if that's what we get to, because

09:23:38 that's something that hasn't been discussed.

09:23:40 What the costs have actually, arresting and detaining

09:23:45 people, if this is going to be a crime to be soliciting

09:23:49 on the street.

09:23:50 So I think we need to talk about that and also about

09:23:53 the bigger issue of, you know, where these people are

09:23:59 going to get the income or help that they've been

09:24:04 getting from collecting on the street.

09:24:05 So I guess it fits under solicitation, but I think it's

09:24:09 a little broader than just the newspaper vendors who

09:24:12 aren't going to be able to do that.

09:24:14 I'll second the motion.

09:24:15 >>CHARLIE MIRANDA: I have a motion and second.

09:24:16 Any further discussion on that motion?

09:24:19 Let me just say this.

09:24:21 On red light revenues, people just not getting killed

09:24:27 in the intersections that have cameras.

09:24:30 They're getting killed in every intersection without

09:24:32 the cameras.

09:24:33 So the money should go to intersection improvement.

09:24:36 But so be it.

09:24:37 I don't know what this administration is goes to do

09:24:40 with the money.

09:24:41 But it's got to be spent where the money comes from.

09:24:43 The money comes from tickets of the individuals who run

09:24:46 a red light.

09:24:47 So why don't we enhance the intersection so that this

09:24:50 doesn't happen?

09:24:51 I'm going to take some pictures of intersections where

09:24:53 they say cameras enforce.

09:24:56 It's about a foot high, 18 inches and that's what it

09:24:59 says.

09:25:00 Camera enforced.

09:25:02 What does that mean?

09:25:04 Don't have any more helpful than that?

09:25:06 Who sees that sign when you're going 30 miles an hour?

09:25:09 If you see the sign, you're not looking ahead of you.

09:25:12 The sign's all the way to the right on the

09:25:14 right-of-way.

09:25:15 So there's got to be some better enhancements of

09:25:19 traffic, but that leaves it to the people who do that

09:25:22 and not I.

09:25:23 But I have a motion by had Cohen, second by Ms. Mulhern

09:25:26 for June 16th at 9:00 in the morning.

09:25:28 All in favor of that motion, please indicate by saying

09:25:31 aye.

09:25:32 Opposed nay.

09:25:33 The ayes have it unanimously.

09:25:34 Anything else, Mr. Cohen?

09:25:38 >>HARRY COHEN: No, sir.

09:25:38 >>CHARLIE MIRANDA: Thank you.

09:25:39 Ms. Montelione?

09:25:40 >>LISA MONTELIONE: The only new business I would have

09:25:42 is to reinforce Councilmember's Capin's effort of sweet

09:25:49 in case anyone else doesn't know what sweet means.

09:25:52 We have our Tampa Bay pride showing in our Lightning

09:25:55 show behind us and congratulations to the team.

09:25:58 The administration, the ownership, the coaching staff

09:26:02 for putting us to the next round of playoffs.

09:26:06 And sending the Washington Capitals back home very

09:26:10 quickly.

09:26:12 So congratulations to the Lightning.

09:26:14 And again, if anyone has not seen a game, has, you

09:26:19 know, not participated in hockey, you can either go to

09:26:23 a game, watch it on TV or they have wonderful events

09:26:26 outside the arena.

09:26:27 You can watch the game on a huge screen that's against

09:26:33 the building adjacent to it, the parking structure.

09:26:36 And it's a good time.

09:26:37 So congratulations once again.

09:26:39 >>CHARLIE MIRANDA: Thank you.

09:26:40 I need two more minutes.

09:26:41 Anyone else?

09:26:42 [ Laughter ]

09:26:43 Ms. Capin?

09:26:46 >>YVONNE CAPIN: Shall we talk about, about -- no, we

09:26:52 closed that.

09:26:53 Never mind.

09:26:54 Thank you.

09:26:54 [ Laughter ]

09:26:56 >>CHARLIE MIRANDA: If you have a great Lightning time,

09:26:59 I challenge the Lightning to play the oldtimers in

09:27:01 baseball.

09:27:02 How do you like that?

09:27:03 [ Laughter ]

09:27:03 >>CHARLIE MIRANDA: And see who wins there.

09:27:05 They're not going to play on ice.

09:27:07 They'll play on dirt.

09:27:08 The challenge has been offered.

09:27:09 I don't think I'll receive an answer, but I'm trying to

09:27:14 killing one minute.

09:27:14 Yes, sir?

09:27:15 >> Mr. Chairman, I have one thing to bring to

09:27:18 Councilmember's attention.

09:27:19 I was going to do it through e-mail.

09:27:21 But now would be appropriate.

09:27:22 Next Tuesday morning, follow-up workshop, long

09:27:27 procedure.

09:27:27 I have been working with Ms. Cole and the legal

09:27:29 department to be able to have people from the legal

09:27:32 department and land development come to Council to do

09:27:35 presentations with this issue, especially in

09:27:38 presentation of your lengthy meeting on Thursday night,

09:27:41 next Thursday night.

09:27:42 So that being said, this room is available.

09:27:43 We have it scheduled for the Mascotte room.

09:27:45 I would ask Council to make a motion to change the

09:27:49 location to Council chambers so you'll have more room.

09:27:53 >> Motion to change the venue from the Mascotte room to

09:27:57 this Council chambers for our work shop Tuesday the

09:28:01 10th at 9:00 a.m.

09:28:03 >> Second.

09:28:04 >>CHARLIE MIRANDA: Have a motion by Ms. Montelione,

09:28:07 second by Ms. Capin.

09:28:09 All in favor of the motion, please indicate by saying

09:28:10 aye.

09:28:11 Opposed nay?

09:28:12 The ayes have it unanimously.

09:28:14 It is now 9:30, so we'll go to open.

09:28:16 I need to open item number 27.

09:28:21 This is a quasi-judicial proceeding.

09:28:25 If you're going to speak on the continuance, you have

09:28:28 to be sworn in.

09:28:29 >> Motion to open.

09:28:30 >>CHARLIE MIRANDA: Have a motion to open number 27 by

09:28:32 Ms. Montelione.

09:28:34 >> Actually, Mr. Chairman, you can, not necessary to do

09:28:37 that.

09:28:37 Just to accept the --

09:28:40 >>CHARLIE MIRANDA: I want to open it, I want to speak

09:28:42 on it.

09:28:43 Then I'll close it.

09:28:45 Motion by Ms. Montelione.

09:28:46 Second by Mr. Reddick.

09:28:48 All in favor of the motion, please indicate by saying

09:28:48 aye.

09:28:50 The ayes have it unanimously.

09:28:51 Item 27, anyone in the audience care to speak on the

09:28:56 withdrawal of item 27.

09:28:57 I see no one.

09:28:59 I need a motion to withdraw this item 27.

09:29:02 >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern, second

09:29:04 by Mr. Suarez.

09:29:05 All in favor of the motion, please indicate by saying

09:29:06 aye.

09:29:07 The ayes have it unanimously.

09:29:08 27 is officially with drawn.

09:29:10 Items now for second reading, ordinance 28 through 30,

09:29:15 also quasi-judicial proceedings.

09:29:17 And any items that were given or taken or received by

09:29:21 any member of Council or the clerk's office should be

09:29:25 brought into the record now.

09:29:28 >> By motion please.

09:29:29 >>CHARLIE MIRANDA: By motion.

09:29:30 >> Motion to --

09:29:32 >>CHARLIE MIRANDA: I have a motion by Ms. Capin, second

09:29:34 by Ms. Montelione.

09:29:35 All in favor of the motion, please indicate by saying

09:29:36 aye.

09:29:36 Opposed nay.

09:29:38 The ayes have it unanimously.

09:29:38 Item -- need to open 28 through 30.

09:29:42 >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern, second

09:29:45 by Mr. Reddick.

09:29:46 All in favor of the motion, please indicate by saying

09:29:46 aye.

09:29:47 Opposed nay.

09:29:49 The ayes have it unanimously.

09:29:49 Item 28.

09:29:51 Yes, ma'am?

09:29:53 Anyone here on item 28, that wants to speak on item 28

09:29:56 on the agenda?

09:29:57 I don't see no one.

09:30:01 Items are close -- items to close 28.

09:30:05 Have a motion to cost by Mr. Reddick.

09:30:07 Second by Ms. Mulhern.

09:30:10 All in favor of the motion, please indicate by saying

09:30:10 aye.

09:30:10 The ayes have it unanimously.

09:30:11 Ms. Montelione, would you take number 28 please.

09:30:15 >>LISA MONTELIONE: Item 28 is an ordinance being

09:30:19 presented for second reading and adoption, an ordinance

09:30:21 authorizing the encroachment of an existing structure

09:30:26 decorative brickwork, over a portion of the

09:30:28 right-of-way known as 1915 east seventh avenue, as more

09:30:31 particularly described herein, subject to certain

09:30:33 terms, covenants, conditions, and agreements.

09:30:37 >>CHARLIE MIRANDA: All in favor of the motion, please

09:30:39 indicate by saying aye.

09:30:41 Nay?

09:30:42 The ayes have it unanimously.

09:30:43 Item number 29, anyone in the audience care to speak on

09:30:47 item 29?

09:30:52 Oh, I'm sorry.

09:30:53 On item number 28, vote and record.

09:31:05 >> Motion carried unanimously.

09:31:07 >>CHARLIE MIRANDA: Item number 29.

09:31:08 Anyone in the audience -- item 29, anyone in the

09:31:22 audience care to speak on item 29?

09:31:25 I need a motion to close 29.

09:31:29 >>CHARLIE MIRANDA: I have a motion to close 29 by

09:31:30 Ms. Mulhern, second by Mr. Suarez.

09:31:33 All in favor of the motion, please indicate by saying

09:31:35 aye.

09:31:36 Opposed nay.

09:31:37 The ayes have it unanimously.

09:31:38 Mr. Cohen, will you kindly take number 29?

09:31:42 >>HARRY COHEN: Ordinance being presented for second

09:31:44 reading, ordinance amending ordinance No. 2011-46,

09:31:49 passed and or gained by the City Council of the City of

09:31:52 Tampa on March 29, 2011 which approved a special use

09:31:55 permit (4-COP) for 2112, 2116, 2118, 2122, 2124, 2312,

09:32:03 West Main Street, correcting scrivener's error by

09:32:07 correcting the address to read 2112, 2116, 2118, 2122,

09:32:14 2124, 2132 West Main Street.

09:32:18 >>CHARLIE MIRANDA: Motion by Ms. Mulhern.

09:32:22 Vote and record.

09:32:28 >> Motion carried with Miranda voting no.

09:32:32 >>CHARLIE MIRANDA: We go back to item number 26.

09:32:38 Anyone in the audience care to speak on item 26?

09:32:45 >> We're requesting the substitution for item number

09:32:48 26.

09:32:49 >>CHARLIE MIRANDA: Thank you very much.

09:32:50 Anyone else care to speak on item 26?

09:32:53 I see no one.

09:32:54 I need a motion to close 26.

09:32:56 The motion to close by Ms. Mulhern -- excuse me, by

09:32:59 Ms. Montelione, second by Mr. Suarez.

09:33:02 I apologize.

09:33:06 Second by Mr. Suarez.

09:33:08 All in favor of the motion, please indicate by saying

09:33:08 aye.

09:33:08 Opposed nay.

09:33:10 Yes, sir?

09:33:11 >> For the purposes of the record, just so it's clear,

09:33:15 Council could make the motion to accept substitution.

09:33:19 >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by

09:33:21 Mr. Capin.

09:33:22 All in favor of the motion, please indicate by saying

09:33:22 aye.

09:33:24 The ayes have it unanimously.

09:33:24 Ms. Mulhern?

09:33:26 >>MARY MULHERN: Thank you, Mr. Chair.

09:33:27 I move an ordinance being presented it for second

09:33:29 reading and adoption, an ordinance of the City of

09:33:31 Tampa, Florida, establishing an exemption from certain

09:33:35 ad valorem taxation from certain new businesses and

09:33:38 expansions of existing businesses, providing a short

09:33:40 title, providing for enactment authority, providing

09:33:43 findings of fact, providing for definitions of terms,

09:33:45 providing for the establishment of an economic

09:33:48 development ad valorem tax exemption, providing for an

09:33:51 application for an exemption, providing for the City

09:33:53 Council and the Mayor's consideration of such

09:33:55 application, providing for no application fees,

09:33:57 providing for continuing performance, providing for

09:34:00 City Council revocation of exemption, providing for

09:34:03 applicability, providing for severability, providing

09:34:05 for a sunset date, providing an effective date.

09:34:08 >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern,

09:34:10 seconded by Ms. Capin.

09:34:15 All in favor of the motion, vote and record.

09:34:18 That's 26.

09:34:25 >>THE CLERK: Motion carried unanimously.

09:34:27 >>CHARLIE MIRANDA: Okay.

09:34:28 Item number 30.

09:34:29 Anyone in the audience who cares to speak on number 30.

09:34:33 Yes, ma'am?

09:34:35 >>ABBYE FEELEY: Good morning, Council.

09:34:36 Abbye Feeley.

09:34:37 On item number 30, we were not able to certificate the

09:34:41 site plan.

09:34:41 I have tried to contact the applicant and have not been

09:34:44 able to.

09:34:44 He's not here today.

09:34:45 So what I would ask is that you continue that to may

09:34:49 19th so that we can try to get back with him and get

09:34:52 that, those final modifications made so we can move

09:34:55 forward on second reading.

09:34:57 >> Move to continue to may 19.

09:34:59 >>CHARLIE MIRANDA: Have a motion -- anyone in the

09:35:01 audience care to speak to this.

09:35:03 9:30.

09:35:04 Yes.

09:35:04 I see no one.

09:35:05 Have a motion by Mr. Reddick to continue for may 19 at

09:35:09 9:30.

09:35:10 Second it by Mr. Suarez.

09:35:11 All in favor of the motion, please indicate by saying

09:35:12 aye.

09:35:12 Opposed nay?

09:35:14 The ayes have it unanimously.

09:35:14 Public hearings 31 and 32 are continued public

09:35:25 hearings.

09:35:25 So they're already open.

09:35:33 Item number 31.

09:35:40 >>CATHERINE COYLE: The ordinance that Mr. Shelby is

09:35:43 handing you simply changes the S-2 to an S-1 for the

09:35:48 Community Gardens as directed by Council at the last

09:35:51 hearing.

09:35:51 Thank you.

09:35:53 >>CHARLIE MIRANDA: Anyone in the audience care to speak

09:35:55 on this item, please come forward.

09:35:58 >> Good morning, Robin Milcowitz, I live 914 East

09:36:02 Hamilton Avenue.

09:36:03 I wanted to thank you all again for talking about the

09:36:07 Community Gardens ordinance.

09:36:08 We hope that you will vote for the S-1 process, which

09:36:11 will make it much easier for Community Gardens to

09:36:14 exist.

09:36:14 We think Community Gardens are very important part of

09:36:17 neighborhoods.

09:36:17 And that we see them as a compatible use similar to

09:36:22 pocket parks and neighborhood parks.

09:36:24 The costs that's involved in an S-2 process is way over

09:36:29 what most of these groups can afford.

09:36:32 And we hope that you will vote for the S-1.

09:36:34 Thank you.

09:36:41 >> Good morning.

09:36:42 Ricky Peterika, 1202 West Linebaugh.

09:36:49 I'd like to thank Council for considering S-1 process

09:36:54 for Community Gardens.

09:36:55 I believe it is a reasonable process for grassroots

09:36:59 community effort.

09:37:00 And I hope it can move forward.

09:37:03 Thank you.

09:37:04 >>CHARLIE MIRANDA: Thank you very much.

09:37:05 Next please?

09:37:07 >> Good morning, Kitty Wallace.

09:37:09 I live 4902 Collins Lane.

09:37:11 I am the chairperson for Community Gardens for the

09:37:15 Tampa Garden Club.

09:37:16 I want to thank you for your time and consideration.

09:37:18 Several of you have really been -- really been working

09:37:23 hard and listening.

09:37:24 I've brought a little packet of information.

09:37:26 Some differences because some of you are new to the

09:37:29 world.

09:37:29 I have provided articles in the past on multiple

09:37:31 benefits of community gardening and research.

09:37:34 So I'll leave that up front.

09:37:36 Plus some letters of support.

09:37:37 Thank you so much.

09:37:38 >>CHARLIE MIRANDA: Thank you very much.

09:37:39 Next please?

09:37:43 >> Good morning.

09:37:43 My name is Shawn Dickerson.

09:37:45 I am the president of the 100 Black Men of Tampa Bay.

09:37:51 I want to also give my support to give the use to more

09:37:56 financially considerable, less expensive use that would

09:37:58 have access as issues within the, within our community

09:38:02 have to do with not having access to fruits and

09:38:06 vegetables which leads to a lot of causes of not only

09:38:09 just the health causes, but stress as well.

09:38:12 A lot of things that could be solved with a community

09:38:15 aspect with a garden, with a fellowship of the garden,

09:38:19 with the pride that goes within this garden.

09:38:22 So again, as the representing here as I say, the 100

09:38:26 Black Men of Tampa Bay, we definitely support moving it

09:38:31 to special use one.

09:38:32 Thank you.

09:38:32 >>CHARLIE MIRANDA: Thank you very much.

09:38:33 Next please?

09:38:35 >> Good morning.

09:38:36 My name Ingrid.

09:38:36 I reside 56205 north Suwannee Avenue in Tampa, Florida.

09:38:44 I'd also like to express my appreciation for

09:38:47 considering it as an S-1 instead of an S-2.

09:38:50 This is a chance for neighbors to help each other,

09:38:53 educate each other.

09:38:55 We are facing quite a few challenges, between water

09:38:58 use, the economy as far as creating a more earth

09:39:04 friendly environment for our neighborhood.

09:39:05 I've been able to get myself off of watering my lawn

09:39:09 daily by learning, by implementing the processes I've

09:39:14 learned at the garden.

09:39:15 And it's not just growing vegetables.

09:39:17 It's also Florida native education as far as what works

09:39:22 in the area.

09:39:23 Long time back, Lady Bird Johnson implemented

09:39:28 wildflowers in Texas.

09:39:31 We now have a huge program in Texas where you have a

09:39:33 beautification process.

09:39:35 The City of Tampa owns more property probably than

09:39:39 anybody else and they have vacant lots that could

09:39:42 benefit from whether it's naturalscaping, growing

09:39:46 things, wildflowers, tree education.

09:39:48 You go to the parks or you go to places like Ringling

09:39:53 or, and they have trees, they have signs up, educating

09:39:59 you on what you can grow here.

09:40:01 What will survive our odd winters.

09:40:04 And there was a question about implementing and

09:40:08 protecting the neighborhood and how code enforcement

09:40:10 operates.

09:40:11 That is a choice by the city as far as whether code

09:40:14 enforcement is complaint driven.

09:40:16 Or whether they see something and write out their own

09:40:21 tickets.

09:40:21 It used to be, everybody in code enforcement used to

09:40:25 cruise the neighborhoods and they would see something

09:40:27 pointed out and help us get those corrected.

09:40:29 When the economy took a dip, this was right after 9/11,

09:40:33 the April, and there was some layoffs and some cutbacks

09:40:38 within the government.

09:40:39 It was sort of when the code enforcement changed.

09:40:41 But that is the choice by the city.

09:40:44 And by the neighbors that live around there.

09:40:46 If they find that it's not compatible or that there are

09:40:50 some things stepping outside of their comfort zone,

09:40:53 record it.

09:40:54 But then you have other communities that have

09:40:56 challenges, that are welcoming these gardens, that want

09:41:00 what can be benefited from having those in those areas.

09:41:06 So I would hope that you keep that in mind, that it's

09:41:11 not high impact.

09:41:13 We may create compost, but we are not a waste facility.

09:41:17 But thank you for your support on the S-1 process.

09:41:20 >>CHARLIE MIRANDA: Thank you very much.

09:41:21 Next please?

09:41:26 >> Good morning.

09:41:26 My name is Lena Young-Green.

09:41:29 I live 3406 North Evelyn Avenue.

09:41:33 Wanted to take this opportunity once again just to

09:41:36 repeat what everyone has said, not in detail.

09:41:40 But thank you all for considering the changes from the

09:41:43 S-2 to the S-1.

09:41:44 We believe that in our neighborhoods and in our

09:41:47 communities, we are going to be able to move forward

09:41:50 much better with a lesser burden of opening the

09:41:54 community garden of Community Gardens, the part of our

09:41:58 neighborhood plan, which we started it with the City

09:42:01 Council approval and support, MPOs, back in 1998.

09:42:07 And we're still working to implement parts of those

09:42:09 plans.

09:42:10 And we considered that Community Gardens would be

09:42:14 another instrument to help knit our community together

09:42:17 and improve it from the bottom up from where we sit.

09:42:21 So thank you so much.

09:42:22 And please support that S-1.

09:42:25 >>CHARLIE MIRANDA: Thank you very much.

09:42:26 Next please?

09:42:29 >> Sherry Lefers, 3609 South Beach Drive.

09:42:32 I also want to thank you for considering making this

09:42:36 from an S-2 to an S-1.

09:42:38 And I wanted to remind all of you that we are basically

09:42:41 in an agricultural belt in Florida.

09:42:44 And I am so excited about the prospect of an education

09:42:48 of an entire generation of the difficulties, the

09:42:51 excitement and the wonderful happiness you get by

09:42:57 growing vegetables.

09:42:58 But also the difficulty that farmers around us are

09:43:02 having with water, with pests, with fertilization and

09:43:09 all that and how it affects our environment.

09:43:13 So I'm real excited about this with Community Gardens.

09:43:16 Thank you very much.

09:43:17 >>CHARLIE MIRANDA: Thank you very much.

09:43:19 >>CATHERINE COYLE: Just to remind you, if you so choose

09:43:21 to approve this on first reading today, second reading

09:43:24 announced by the clerk will be May 19th I believe.

09:43:27 At that second reading, and immediately following it,

09:43:29 you'll find a resolution adopting a fee of $200 as

09:43:33 previously directed by City Council.

09:43:36 For the community garden S-1 application.

09:43:40 Thank you.

09:43:41 >>CHARLIE MIRANDA: Anyone else care to speak on item

09:43:43 number 31?

09:43:46 I see no one.

09:43:47 I need a motion to close.

09:43:50 >>CHARLIE MIRANDA: A motion by Mr. Capin, second by

09:43:52 Mrs. Mulhern.

09:43:53 All in favor of the motion, please indicate by saying

09:43:53 aye.

09:43:54 Opposed nay.

09:43:55 The ayes have it unanimously.

09:43:55 I'm going to go back to Ms. Mulhern on this item, item

09:43:58 number 31.

09:44:00 I think she's been working on it for some time, so I'll

09:44:04 give her the privilege of bringing it up.

09:44:06 >>MARY MULHERN: Thank you, Mr. Chair.

09:44:07 I just want to thank Ms. Coyle and Ms. Cole and all of

09:44:11 the community gardeners who have been working on this

09:44:14 for years.

09:44:17 Robin and Lena and everyone.

09:44:21 It's just very -- I'm very, very, very happy to read

09:44:26 this ordinance on first reading.

09:44:28 An ordinance of the City of Tampa, Florida -- I move an

09:44:31 ordinance of the City of Tampa, Florida making

09:44:34 comprehensive revisions to City of Tampa code of

09:44:37 ordinances chapter 27, zoning, relating to Community

09:44:39 Gardens, amending section 27-77, official schedule of

09:44:43 district regulations, amending section 27-177, historic

09:44:48 district established, amending section 27-242, number

09:44:53 of offstreet parking spaces, amending section 27-267,

09:44:57 process of special use permits, agent or body

09:45:01 responsible for each general procedure, amending

09:45:03 section 27-272, regulations governing individual

09:45:07 special uses, amending section 27-438, official

09:45:10 schedule of permitted principal, accessory and special

09:45:14 uses, amending section 27-452, official schedule of

09:45:18 permitted principal, accessory and special uses,

09:45:21 amending section 27-545, definitions, repealing all

09:45:25 ordinances or parts of ordinances in conflict

09:45:28 therewith, providing for severability, providing an

09:45:28 effective date.

09:45:32 >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern,

09:45:34 seconded by Ms. Capin.

09:45:37 All in favor of the motion, please indicate by saying

09:45:37 aye.

09:45:38 Opposed nay.

09:45:39 The ayes have it unanimously.

09:45:41 >> Motion carried unanimously.

09:45:42 Second reading of the ordinance will be held May the

09:45:45 19th at 9:30 a.m.

09:45:47 >>CHARLIE MIRANDA: There's some memorandums here, I

09:45:50 need to receive and file from Julia Cole.

09:45:52 >> Move to receive.

09:45:53 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick,

09:45:55 seconded by Mr. Suarez.

09:45:56 All in favor of the motion, please indicate by saying

09:45:57 aye.

09:45:57 Opposed nay.

09:45:59 The ayes have it unanimously.

09:45:59 Item 32.

09:46:03 >> Item 32, Mr. Chairman, is really the second reading,

09:46:07 so if you can continue that, that would be the May

09:46:10 19th.

09:46:11 >>CHARLIE MIRANDA: I need a motion for 5-19 at 9:30.

09:46:15 Motion by Ms. Montelione.

09:46:17 Seconded by Ms. Capin.

09:46:19 All in favor of the motion, please indicate by saying

09:46:20 aye.

09:46:22 The ayes have it unanimously.

09:46:22 That's 32 to 5-19 at 9:30.

09:46:28 Now, also at 9:30 is item number 33, which is the

09:46:36 second adoption public hearing on an ordinance.

09:46:41 So, Mr. Reddick, yours was postponed, so item 33 is

09:46:46 yours sir.

09:46:46 >> Mr. Chairman, I believe we need a motion to open

09:46:50 that.

09:46:50 >>CHARLIE MIRANDA: I had motion to open.

09:46:53 >>CHARLIE MIRANDA: By Ms. Mulhern, second by

09:46:55 Mrs. Capin.

09:46:57 All in favor of the motion, please indicate by saying

09:46:57 aye.

09:46:58 The ayes have it unanimously.

09:46:58 Item number 33.

09:47:01 >>HARRY COHEN: Move item for second reading, an

09:47:04 ordinance of the City of Tampa, Florida, designating

09:47:07 the property known as Vintage Auto Building No. 1

09:47:11 located at 1613 North Franklin Street, Tampa, Florida,

09:47:14 as a local landmark, amending the North Franklin Street

09:47:17 downtown multiple properties group to include the

09:47:19 Vintage Auto Building No. 1.

09:47:21 >>CHARLIE MIRANDA: Anyone in the audience care to speak

09:47:23 on this item, item 33?

09:47:25 I see no one.

09:47:26 Motion by Mr. Reddick, seconded by Ms. Mulhern.

09:47:30 Vote and record.

09:47:38 >>THE CLERK: Motion carried unanimously.

09:47:41 >>CHARLIE MIRANDA: Item passes unanimously.

09:47:42 All those -- I'm going to ask for an opinion here.

09:47:46 10:00 is really the presentations of individuals who

09:47:50 have applied for certain items that were available with

09:47:56 the city in different boards.

09:47:58 Can that be held now or do we have to wait until 10:00?

09:48:02 >> Maybe you want to inquire of the clerk because I

09:48:04 believe some of those people may have been invited and

09:48:07 may be intending to want to speak to Council.

09:48:12 >>CHARLIE MIRANDA: I'll have the clerk come up.

09:48:18 >>THE CLERK: Good morning again, Council.

09:48:20 Shirley Foxx-Knowles, City Clerk.

09:48:23 We have some individuals that may be here and some may

09:48:26 not.

09:48:27 We do have individuals in the audience if you want to

09:48:31 take those.

09:48:32 For the first item, item number 34 we have applicants

09:48:41 expressing interest for the Historic Preservation

09:48:44 Commission.

09:48:44 We have two positions with terms ending May 31st, 2011.

09:48:49 We have one applicant for the urban planner position.

09:48:56 And we have Mr. Kevin Mineer that currently serves and

09:49:08 wants to be reappointed.

09:49:11 >>CHARLIE MIRANDA: Would he like to speak?

09:49:17 >> Good morning, I'm Kevin Mineer.

09:49:19 I'm an urban planner and I have about 25 years of

09:49:22 experience in the City of Tampa of working in various

09:49:25 public and private agencies.

09:49:27 I have an 85-year-old house, so I'm pretty familiar

09:49:31 with historic preservation, trying to bring it up to

09:49:36 semblance of appropriateness.

09:49:38 And I love history.

09:49:39 And I love architecture and I love Tampa and I'd love

09:49:46 it if you all could reinstate me.

09:49:48 >>CHARLIE MIRANDA: Love love love.

09:49:49 [ Laughter ]

09:49:52 >> Mr. Chair, I move the motion is appropriate at this

09:49:57 point, move to accept Mr. Mineer's application and

09:50:01 appoint him to the historic preservation board.

09:50:03 Kevin has been a friend for many, many years and I am

09:50:06 just thrilled that he is wanting to continue his role

09:50:09 on the historic preservation.

09:50:13 >>CHARLIE MIRANDA: I have a motion and second, I want

09:50:19 to ask a legal opinion.

09:50:20 Did I hear that this ends may 21st, or begins may 21st?

09:50:26 >> This term ends may 31st.

09:50:28 >>CHARLIE MIRANDA: Of this year?

09:50:29 >> Yes Seminole let me ask the legal department if we

09:50:32 could point for the interim month and then for the full

09:50:35 term?

09:50:36 >> Well, he currently is on there, so you will --

09:50:39 you're appointing him for another term.

09:50:41 >> I want to make sure that's correct.

09:50:45 >>MARY MULHERN: Late me ask you while you're up there.

09:50:47 There's another opening for an architect.

09:50:50 And is that one where we can possibly reappoint?

09:50:55 Or do we need to find someone for that?

09:50:58 >>THE CLERK: We did not receive an application.

09:51:00 >>MARY MULHERN: No application.

09:51:01 So you're going to re-notice it?

09:51:04 >>THE CLERK: Yes.

09:51:04 We'll readvertise.

09:51:06 >>MARY MULHERN: So anyone who is watching who's an

09:51:09 architect, we need an architect for our historic

09:51:13 preservation board.

09:51:14 >>CHARLIE MIRANDA: Okay.

09:51:14 Anyone else?

09:51:15 I have a motion by Ms. Montelione.

09:51:17 Second by Mr. Suarez to reappointment.

09:51:19 All in favor of the motion,

09:51:20 Please indicate by saying aye.

09:51:21 Opposed nay?

09:51:23 The ayes have it unanimously.

09:51:23 Item number 35.

09:51:27 >> Item number 35, this is for the Civil Service Board.

09:51:32 One is for the reappointment -- we have two positions.

09:51:37 One is for the reappointment of Charlotte Hursey.

09:51:44 And we also have an applicant, Luis Viera.

09:51:48 I don't know if Ms. Hursey is here.

09:51:51 I don't think she's able to make it.

09:51:54 >>CHARLIE MIRANDA: That's the lady that had an

09:51:55 accident?

09:51:56 >> Yes.

09:51:58 >> And two applicants.

09:52:05 >> Mr. Chair?

09:52:06 I personally know Mr. Viera.

09:52:09 And probably was coming here for the 10:00 a.m.

09:52:13 hearing.

09:52:14 I just wanted to make sure you knew, for Charlotte, I

09:52:23 served on the Civil Service Board and she's a wonderful

09:52:23 Civil Service Board member, so I'd like to recommend

09:52:25 both of them.

09:52:27 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

09:52:29 You mentioned that the gentleman would like to speak,

09:52:33 so we're going to hold that one.

09:52:34 >> I'm just saying that I know that he was probably

09:52:36 invited.

09:52:37 Did he give indication he was able to make it?

09:52:41 >>THE CLERK: He may or may not be able to make it.

09:52:44 >>CHARLIE MIRANDA: All right.

09:52:44 We're going to do two.

09:52:47 I have a suggestion and a motion by Mr. Suarez.

09:52:50 I have a second, I believe, by Ms. Mulhern for both of

09:52:54 those to the Civil Service Board, both individuals.

09:52:56 All in favor of the motion,

09:52:57 Please indicate by saying aye.

09:52:58 Opposed nay?

09:53:01 The ayes have it unanimously.

09:53:01 Now, there's one reappointment and there's an

09:53:05 applicant.

09:53:05 Does that applicant go for a full term plus time?

09:53:09 >>THE CLERK: The second position term ends June 8th,

09:53:14 2011.

09:53:14 And you can appoint him for the rest of that time.

09:53:18 >>CHARLIE MIRANDA: I'd like that motion to be corrected

09:53:19 so that individual serves that time plus.

09:53:23 >> I'd like to move that we amend the motion to include

09:53:26 the time from present day to June for Mr. Viera to fill

09:53:33 that spot.

09:53:34 And then appoint him for the new term.

09:53:37 >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, second

09:53:39 by Ms. Mulhern.

09:53:41 All in favor of the motion,

09:53:41 Please indicate by saying aye.

09:53:42 Opposed nay?

09:53:44 The ayes have it unanimously.

09:53:47 >>THE CLERK: Item number 36, we have one position for

09:53:51 the enterprise zone and we have one applicant, Dr.

09:53:55 Jason Wayne Wilson.

09:53:58 And I believe he's here.

09:54:01 >>CHARLIE MIRANDA: Okay, Mr. Wilson?

09:54:04 Doctor?

09:54:06 >> Good morning, Council.

09:54:08 Thanks for the opportunity to speak.

09:54:09 I really appreciate the opportunity to serve.

09:54:11 The Enterprise Zone Development Agency is one that

09:54:14 represents multitude of different incentives and

09:54:17 credits to bring business and jobs here to Tampa.

09:54:19 It's the number of incentives benefit that you hear

09:54:23 about in a different, bunch of different ways, all

09:54:26 represented in one area.

09:54:28 Great opportunity to look and see if those actually

09:54:30 work to serve the taxpayers.

09:54:32 With the Enterprise Zone is set to sunset in 2015 in

09:54:36 the Florida Legislature, I think now is a great time to

09:54:39 be a part of that process to see if this is a good

09:54:43 benefit for our taxpayers.

09:54:45 The interactions with the Enterprise Zones and the CRA

09:54:48 Districts as well makes a great place to look and see

09:54:51 how neighborhoods and jobs balance each other.

09:54:54 I appreciate the opportunity to serve.

09:54:55 Thank you.

09:54:56 >>CHARLIE MIRANDA: Thank you very much, sir.

09:54:57 >> Mr. Chairman, motion to accept Dr. Wilson as an

09:55:01 applicant.

09:55:02 >>CHARLIE MIRANDA: I have a motion by Ms. Montelione,

09:55:05 second by Mr. Reddick.

09:55:06 All in favor of the motion,

09:55:06 Please indicate by saying aye.

09:55:08 Opposed nay?

09:55:10 The ayes have it unanimously.

09:55:10 Ms. Mulhern?

09:55:12 >>MARY MULHERN: Mr. Viera just walked in.

09:55:15 Perhaps he'd like to speak.

09:55:17 >>CHARLIE MIRANDA: You care to speak, Mr. Viera?

09:55:26 >>MARY MULHERN: We voted for you before you got here.

09:55:28 Just so you know.

09:55:29 [ Laughter ]

09:55:30 >>CHARLIE MIRANDA: Be careful what you say.

09:55:32 >> Well, I guess I'll say thank you then.

09:55:34 I really appreciate, members of the Council, I really

09:55:38 appreciate that.

09:55:38 Thank you.

09:55:39 Am I finished?

09:55:40 [ Laughter ]

09:55:41 >> I got to go teach law week over at Corpus Christi

09:55:44 Catholic in Temple Terrace in about an hour, so I'm on

09:55:48 the run.

09:55:49 You all need anything else?

09:55:51 >>CHARLIE MIRANDA: Thank you, Mr. Viera.

09:55:52 Drive carefully and look out for the cameras.

09:55:58 >>THE CLERK: Thank you.

09:55:58 The last item, the Equal Business Opportunity Advisory

09:56:04 Council, we have two applications -- I mean two

09:56:08 positions, excuse me.

09:56:10 And one application for the Caucasian female.

09:56:16 We have Ms. Wathey is here.

09:56:20 She sent us a memo.

09:56:22 She's a teacher at Plant High School.

09:56:25 And she may not be able to make it.

09:56:30 >>CHARLIE MIRANDA: Is the other applicant here?

09:56:34 >>THE CLERK: No.

09:56:35 The other position we're going to have to readvertise

09:56:37 for.

09:56:37 And that's for a Hispanic American.

09:56:42 >>CHARLIE MIRANDA: Okay.

09:56:43 >> Move to accept, Mr. Chairman.

09:56:45 >>CHARLIE MIRANDA: Have a motion for acceptance on the

09:56:47 one individual by Councilmember Reddick, second by

09:56:50 Councilmember Capin.

09:56:50 All in favor of the motion,

09:56:51 Please indicate by saying aye.

09:56:52 Opposed nay.

09:56:54 Thank you very much.

09:56:57 Anything else, Madam Clerk?

09:57:02 >>THE CLERK: That's it.

09:57:03 >>CHARLIE MIRANDA: Please help me.

09:57:04 I need a minute.

09:57:05 Okay, we have taken care of item 38.

09:57:10 39 is the 10:00 review of the human resource department

09:57:16 regarding the medical clinics in the area.

09:57:19 And I think it's appropriate for you to come up now.

09:57:23 By the time you come up, it will be 10:00.

09:57:30 >> Good morning, Chairman Miranda, members of City

09:57:34 Council.

09:57:35 I'm Kimberly Crum, director of human resources, and I'm

09:57:39 here today to make a presentation for you at your

09:57:41 request, regarding the implementation of the city's

09:57:44 wellness centers.

09:57:51 >>MARY MULHERN: Did you want to make a presentation?

09:57:55 >> Yes, I did.

09:57:57 If I could ask for the overhead, please.

09:57:59 You'll recall that Council approved a contract with

09:58:04 Care ATC back in October, the vendor who provides our

09:58:11 wellness center services.

09:58:13 The goal of this project was to reduce the costs

09:58:17 associated with the city's health plan.

09:58:18 Today I'm going to provide some information on our

09:58:20 wellness center implementation.

09:58:22 First off, since opening eight weeks ago, the wellness

09:58:32 center has seen over 1,400 patient visits.

09:58:36 You'll recall that initially a new patient visit lasts

09:58:39 about 30 minutes.

09:58:41 And return visits are typically about 15 minutes in

09:58:44 length, so if you put the calendars to schedule, if you

09:58:46 lay it out over the last eight weeks, the center has

09:58:50 been at over 100% utilization.

09:58:53 That means every appointment practically has been

09:58:55 filled and some walk-in patients have been seen as

09:58:58 well.

09:58:58 Because of our intense utilization in the early weeks,

09:59:03 we have recently added an additional provider, a nurse

09:59:06 practitioner.

09:59:07 If we could step back for a moment, you may recall that

09:59:12 in our earlier presentation, we had outlined that the

09:59:16 number of lives covered by the city's health plan is

09:59:19 over 10,000.

09:59:20 And that our expense for fiscal year 2010 was over

09:59:26 $35 million.

09:59:26 It's important to point out that 26 million of that is

09:59:29 city funds, where about $9 million of that spent is

09:59:33 premiums paid for by employees or retirees.

09:59:36 You can see at $26 million, that is a very significant

09:59:39 part of the city's budget for benefits.

09:59:42 We are honor bound by our contracts, bargaining

09:59:47 agreement that provide benefits for employees and

09:59:52 retirees.

09:59:52 Of course we want to do that with quality, while

09:59:53 effectively managing every penny of costs associated

09:59:55 with those benefits.

09:59:57 And it's important to note as well that because we are

09:59:59 fully insured by an outside carrier, the cost of our

10:00:03 plan is based on claims experience year to year.

10:00:06 When we had gone out for bid originally last year for

10:00:11 the 2011 calendar year benefit, Humana's base renewal

10:00:16 initially came in at over 20% increase.

10:00:19 When we got to the best and final phase of the RFP,

10:00:25 Humana was just under 14% increase.

10:00:27 And United Health Care landed at just over six percent

10:00:30 increase.

10:00:31 Interestingly, United Health Care was willing to give

10:00:34 the city almost a million dollars in credit so that we

10:00:37 could use that money to help fund the opening of

10:00:40 wellness centers as part of their contract with us.

10:00:44 As part of our annual plan review, we uncovered that

10:00:49 the trend in prior years and certainly last year as

10:00:52 well, was that five manageable conditions lead our

10:00:56 large claims.

10:00:56 Things like high blood pressure, high cholesterol,

10:00:59 diabetes, tobacco use, and the weight of our members,

10:01:06 or their body mass index, if you will.

10:01:09 And some of the diagnoses that result from these types

10:01:12 of conditions can be life-threatening and certainly

10:01:14 life altering as well.

10:01:18 Things like stroke, heart attack, organ failure or even

10:01:21 cancer.

10:01:22 So the wellness center concept was being utilized by a

10:01:26 number of jurisdictions as a best practice to help

10:01:29 reduce the rate of cost escalation in the health plan.

10:01:32 And we wanted to make these services available to City

10:01:35 of Tampa employees, retirees, veterans of non-Medicare

10:01:40 plans and their dependents.

10:01:42 The goal was to have an outside company manage the

10:01:45 services day-to-day, so that there's a firewall between

10:01:48 the city and the clinic staff.

10:01:50 And we were looking for high quality, primary acute and

10:01:55 urgent care services.

10:01:57 And in addition, a proactive strategy to be able to

10:02:00 uncover health conditions early, before they are a

10:02:04 full-blown disease.

10:02:05 In that way, we help reduce the cost in our medical

10:02:08 plan as well.

10:02:10 It was incredibly important to us to ensure that all

10:02:13 information at the clinics would be kept HIPPA

10:02:16 compliant and completely confidential.

10:02:19 And originally, Care ATC had approached us with the

10:02:22 idea of three clinics based on the geographic

10:02:27 distribution of our membership.

10:02:28 The benefits to the city were of course to reduce cost.

10:02:33 And primarily that's done because each time a city

10:02:38 employee or a plan member visits one of the wellness

10:02:41 centers, the cost of their visit is about half of the

10:02:43 cost of a regular visit under the United Health Care

10:02:47 plan.

10:02:47 Part of that is because we're billed at cost for the

10:02:52 supplies and prescription drugs that are dispensed at

10:02:56 our wellness center.

10:02:57 And that helps drive down the cost of our plan.

10:02:59 The appointment scheduling is very easy.

10:03:02 Employees can go online and schedule or they can make a

10:03:05 phone call and schedule their appointment.

10:03:07 That helps reduce employee's time away from work and

10:03:10 ensure there are fewer barriers to their getting

10:03:14 treatment.

10:03:14 And finally, it's important to note that the city is

10:03:16 self-insured for workers' compensation.

10:03:19 And so that means every dollar that we spend for those

10:03:24 claims is paid out of the city's budget on the first

10:03:27 dollars.

10:03:28 And so we'd like to see the workers' compensation

10:03:31 regular routine types of visits go through the wellness

10:03:34 center as well.

10:03:35 For employees, the benefits are convenience and ease of

10:03:39 scheduling.

10:03:43 There is no co-payment for a visit to the center and no

10:03:47 co-payment for generic prescriptions.

10:03:51 You may recall many of our employees, over half of

10:03:54 them, had no primary care physician.

10:03:56 They presented when they were sick, either to an urgent

10:03:59 care or to an emergency room in some cases.

10:04:02 It didn't have a day-to-day care or month-to-month care

10:04:06 through a regular physician.

10:04:07 This allows those employees to have continuity of care,

10:04:14 one place to go when they need care.

10:04:16 We also are very excited about the benefits to the

10:04:19 employees of having support for our wellness

10:04:22 initiatives, like smoking cessation, diabetes and

10:04:26 weight management.

10:04:27 And of course voluntary participation.

10:04:29 The way we designed the program, our employees can use

10:04:32 the wellness center at their discretion.

10:04:34 They're never required to do so.

10:04:35 Talking about site selection next.

10:04:39 I had mentioned that Care ATC's original proposal had

10:04:44 identified three general locations where they felt our

10:04:47 city employees would be best served and most employees

10:04:51 would be able to reach a center within about a 15 to 20

10:04:55 minute commute.

10:04:56 Those areas were in the Tampa core.

10:04:59 One in Brandon and one in Lutz or Wesley Chapel.

10:05:02 And a great deal of effort went into analyzing all of

10:05:06 that data, to make sure we got the best locations.

10:05:13 Working with the real estate department and legal

10:05:17 staff, the first site was secured at, on North Himes

10:05:20 Avenue.

10:05:21 And many of you I know are familiar with that location.

10:05:24 It's near Martin Luther King Boulevard, directly across

10:05:28 from the stadium, between the West Tampa Hartline

10:05:32 transfer station and the ABC Action News on Himes.

10:05:36 It's conveniently located to most employee work sites.

10:05:42 And to many employees' homes.

10:05:44 So that the utilization would be optimized.

10:05:48 It had been built out for prior medical and had a great

10:05:51 layout and spacing for nine treatment rooms.

10:05:55 So we're able to see regular routine visits as well as

10:05:59 workers' compensation visits.

10:06:00 There's plenty of parking there with easy access.

10:06:04 And it's convenient to other medical support

10:06:06 facilities.

10:06:07 So if our folks need an x-ray or MRI or any such

10:06:11 additional test that may not be offered at the wellness

10:06:14 center today, they're conveniently located to those

10:06:16 types of facilities.

10:06:26 The staff consists of

10:06:29 Dr. Popov, who is a family practitioner, Dr. Krivonyak,

10:06:34 who sees regular day-to-day patients, but also has a

10:06:37 specialty in occupational medicine.

10:06:38 Terry Poley is our recent addition.

10:06:41 She's a nurse practitioner.

10:06:44 And there are a variety of medical assistants, who help

10:06:48 with patient intake and getting vitals taken and

10:06:48 getting them in to see the providers.

10:06:51 Also wanted to mention that prior to the opening of the

10:06:54 site on February 28th, Care ATC's staff came out and

10:06:58 offered biometric screenings at a variety of city work

10:07:04 sites.

10:07:04 We were pleased over 400 of our people took advantage

10:07:07 of having their blood drawn.

10:07:09 So samples were sent off and tested and each employee

10:07:12 received at their home address a booklet of information

10:07:15 about their test results.

10:07:16 It was done in a red, yellow, green kind of stop light

10:07:20 fashion, where green means your numbers are good to go.

10:07:24 Yellow means caution, you might want to take a look at

10:07:27 and have a doctor review certain information.

10:07:29 And then thirdly, some numbers appeared in the red

10:07:34 zone, which means stop, it's time to take action.

10:07:37 And many of our employees have availed themselves of

10:07:40 opportunity to meet with the doctors over at the

10:07:42 wellness center and are on their way to making

10:07:45 adjustment so that their numbers improve.

10:07:48 Of the 1400 patients who have been over to the center

10:07:55 since its opening on February 28th, since April 1st,

10:07:59 many of them have been invited to participate in an

10:08:04 anonymous survey that's done on an iPod, so when

10:08:08 their visit is finished, they're presented with a

10:08:12 clipboard, with a clipboard that has an iPod attached

10:08:16 to it, and they're able to give answers to eight very

10:08:20 straightforward questions on a scale of one to five

10:08:22 about their satisfaction.

10:08:23 Some of those questions have to do with the

10:08:25 friendliness of the staff and their courtesy.

10:08:28 The cleanliness of the site, were their issues covered

10:08:35 during their visit that particular day and so forth.

10:08:37 Probably the most important question is the overall

10:08:41 satisfaction is the best indicator of how the staff is

10:08:43 performing.

10:08:44 And at this point, 281 people have completed the

10:08:47 survey.

10:08:49 And we're pleased to report that 96% of them have

10:08:52 answered that they were satisfied or better.

10:08:55 In the early weeks of opening the site, we have

10:09:03 received a good deal of feedback from Care ATC about

10:09:07 the types of wellness issues they would like to partner

10:09:12 on.

10:09:13 They were things we had talked about during our initial

10:09:15 presentations.

10:09:16 You may recall when we did the open enrollment last

10:09:18 year, that we offered for our employees who are

10:09:23 smokers, we offered them the opportunity to get a break

10:09:26 on the pricing of their health insurance premiums if

10:09:29 they were to participate in smoking cessation or

10:09:32 tobacco cessation classes.

10:09:35 And 226 of them completed those courses.

10:09:38 And 42% of those that completed had not resumed use

10:09:42 within 30 days.

10:09:43 And another 27% had cut back on their use within the

10:09:47 first 30 days.

10:09:48 And now that the site is open, we have nicotine

10:09:51 replacement therapies available so that anyone who uses

10:09:56 again or hasn't been quite able to kick the habit, is

10:09:59 able to talk with the doctors about receiving nicotine

10:10:03 replacement therapies in the form of the nicotine gums

10:10:07 or the patch or some such thing as that.

10:10:09 Secondly, nutrition and weight management is very

10:10:14 important for our folks.

10:10:15 We all recognize that across the nation, about a third

10:10:18 of the population is overweight or obese.

10:10:21 And that weight drives a lot of medical behaviors.

10:10:25 And it's very important to us that since our people are

10:10:28 not immune to weight issues, that we offer nutritional

10:10:33 classes and coaches as a preventive strategy to help

10:10:36 cut down on weight-related disease, including diabetes

10:10:39 and other things.

10:10:40 And then finally, you've heard us speak of the workers'

10:10:45 compensation initiative.

10:10:46 We will, toward the end of the month, we're thinking

10:10:49 about, around May 31st, we'll be launching for our

10:10:52 folks, anyone who's injured on the job can begin using

10:10:56 the wellness center at that time for their workers'

10:10:59 comp injury or illness.

10:11:02 And we're expecting that that will be a very smooth

10:11:05 launch, having partnered with our third party

10:11:07 administrator to ensure that all of the issues have

10:11:11 been taken care of upfront on billing and so forth.

10:11:14 So next, I want to talk about location.

10:11:21 Our next step is an additional location that's going to

10:11:26 be sited at 413 Robertson Street in Brandon.

10:11:31 After a very thorough review of where our folks live

10:11:35 and the number of folks that we can best service,

10:11:38 keeping in mind that our goal is to get as many people

10:11:41 to use the city's wellness centers as is humanly

10:11:44 possible, because that drives down the cost of our

10:11:47 plan.

10:11:48 We are opening a site later in May at 413 Robertson

10:11:54 Street in Brandon.

10:11:55 That's about two blocks off Route 60.

10:11:58 And backing up to the Brandon Regional Hospital near

10:12:01 Kings Avenue.

10:12:03 This site that was selected again is built out for

10:12:07 medical prior.

10:12:08 It has five treatment rooms.

10:12:09 It will have one physician.

10:12:12 There's plenty of parking there with easy access.

10:12:15 And it's convenient to other medical support facilities

10:12:18 as well.

10:12:18 And with the addition of the Brandon location, we do

10:12:22 not anticipate that we'll have additional locations

10:12:24 during the fiscal year of 2011.

10:12:27 So with that, our financial impact, of course one month

10:12:32 of statistics doesn't really a trend make.

10:12:35 But I did want to make sure that we addressed for you

10:12:38 in our original time line and proforma, we had said

10:12:43 through March, we would spend no more than $332,000.

10:12:47 And we are below that at 246,000.

10:12:50 And certainly our goal at this point, we appear to be

10:12:53 well in line with our promise to stay within budget for

10:12:57 the year.

10:12:57 And so we don't anticipate that being an issue through

10:13:00 the end of October.

10:13:01 And so with that, I really want to thank the most

10:13:09 recent City Council, who heard this issue and took part

10:13:17 in robust discussion about this initiative and

10:13:20 eventually came to approve it.

10:13:22 We are so grateful for that.

10:13:24 And I want to thank you for your ongoing interest.

10:13:27 It's a pleasure to be able to come back and tell you

10:13:30 about how we're doing and we look forward to providing

10:13:33 further updates as we move forward in the process.

10:13:36 And I'd be remiss if I didn't thank our city for being

10:13:41 willing to participate in the initiative.

10:13:44 They have really given us great feedback.

10:13:46 Those who are willing to share their experiences at the

10:13:48 wellness center.

10:13:49 Some have given us corrective measures that we have

10:13:52 been able to take and make improvements and

10:13:54 adjustments, like with any new implementation, there

10:13:58 are also improvements to make.

10:14:00 So we want to continue to encourage them to utilize the

10:14:03 center and provide feedback as they feel comfortable.

10:14:06 And our goal is to ensure high utilization that will

10:14:11 help drive the cost of our plan down.

10:14:13 So with that, thank you.

10:14:18 >>CHARLIE MIRANDA: Discussion by Councilmembers?

10:14:19 Ms. Mulhern?

10:14:20 >>MARY MULHERN: Thank you.

10:14:21 Thank you, Ms. Crum, for the very thorough update and

10:14:25 really appreciate it.

10:14:26 I had a few questions and there are things I think I

10:14:30 brought up after your briefing.

10:14:32 But just to kind of make sure that we follow-up on

10:14:37 these things.

10:14:40 I guess one of my -- my big question is, where we are

10:14:45 as far as approval for going forward budget-wise,

10:14:51 because I know, I believe we approved two -- Council

10:14:57 voted to fund and improve those two clinics.

10:15:02 Is that what we voted on?

10:15:03 Do you remember?

10:15:05 >> My understanding was, and maybe this is better legal

10:15:08 question.

10:15:08 My understanding is that you approved the budget for a

10:15:11 three year contract.

10:15:11 For Care ATC to implement the city's wellness clinic.

10:15:18 >>MARY MULHERN: Okay.

10:15:18 So there was no agreement in there about how many

10:15:23 clinics we're going to open?

10:15:25 >> No, they had certainly made recommendation that we

10:15:27 would do three clinics and we have reviewed that

10:15:30 recommendation.

10:15:31 >>MARY MULHERN: Okay.

10:15:32 When -- and it's interesting that you've already got a

10:15:36 property for the second clinic because we hadn't heard

10:15:39 about that.

10:15:39 But we'll need to -- that will need to come in front of

10:15:43 us for approval, won't it?

10:15:45 >> My understanding is no, that the citing of the

10:15:48 clinics was part of the original approval.

10:15:50 And that the lease actually is between Care ATC and the

10:15:54 leasing company, or the leasing group.

10:15:57 And so, that is not an action.

10:16:00 My understanding is that it's not an action that comes

10:16:02 before you.

10:16:04 >>MARY MULHERN: So we approved the whole thing.

10:16:06 I think -- can I finish up with another question?

10:16:09 I know this was an issue, when I look at this map, it's

10:16:13 kind of tiny and hard to tell.

10:16:16 But it seems to make some sense.

10:16:17 I would like to see, as opposed to just this little map

10:16:24 with the dots, a spreadsheet showing where the numbers

10:16:28 of employees maybe that live in each different

10:16:35 municipality, you know, or maybe you could do it --

10:16:41 >> By zip code maybe.

10:16:43 >>MARY MULHERN: By zip code.

10:16:44 That would be good.

10:16:46 Because really looking at this map, it still looks very

10:16:50 clustered in the City of Tampa.

10:16:51 But because the county is so much more spread out, it's

10:16:55 hard to tell.

10:16:56 So if we could get a spreadsheet with those numbers,

10:16:59 that would be helpful.

10:17:00 The other question I had, and I'd like -- I guess for

10:17:06 all of us to keep in mind was, this idea of Care ATC

10:17:12 managing the company from out of state.

10:17:15 If maybe in the future as we go forward, we might look

10:17:18 at a local care management group that might be able to

10:17:24 do this.

10:17:25 And I do appreciate the fact that the practitioners are

10:17:29 here, obviously, they all live locally.

10:17:31 But I'd like to see, you know, that kind of management

10:17:34 happening.

10:17:35 Those are the kind of jobs like to keep here and help

10:17:38 companies here grow who are doing that.

10:17:41 The other thing that -- I kind of mentioned with you

10:17:45 briefly and I'm hoping, we talked about this and we can

10:17:48 track this.

10:17:49 Maybe we'll get a report on this maybe in six months or

10:17:52 something, on where you are.

10:17:55 But I have heard concerns from the medical community.

10:17:59 And I think you spoke maybe with the same doctor that I

10:18:03 talked to, but that many, so many medical claims and

10:18:09 doctor visits involve stress-related and really things

10:18:14 that, are related to mental health issues.

10:18:19 And so many prescriptions are for that now too.

10:18:22 So that if we could watch as these clinic visits grow,

10:18:26 to see if that's part of it.

10:18:28 And to make sure that those people that need it are

10:18:31 getting referred for the kind of help they need.

10:18:36 And that was just, you know, something I think from

10:18:40 what you told me yesterday, it doesn't sound like

10:18:43 you're seeing a lot of that.

10:18:44 But it's early.

10:18:45 So if we can just keep our eye on that.

10:18:48 >> It is very early in the process and certainly most

10:18:50 of what has been seen thus far has been the items we

10:18:53 would expect to see.

10:18:55 High blood pressure, high cholesterol and the like.

10:18:57 It's important to note that he we get only composite

10:19:00 results for what the clinic is actually seeing.

10:19:03 And I appreciate your concern, counsel woman for their

10:19:08 mental health as well as physical well-being.

10:19:11 The city does have program in place through our carrier

10:19:14 United Health Care that gives us on a yearly basis

10:19:16 information regarding the types of visits that we see,

10:19:21 so that we can ensure that our employees are familiar

10:19:23 with our employee assistance program and that they get

10:19:27 referred properly.

10:19:29 >>MARY MULHERN: This concern comes more from the people

10:19:31 who have, you know, physical complaint and then when

10:19:35 they visit a doctor, they find that it may be stress or

10:19:39 mental health related.

10:19:40 And then they really need a specialist.

10:19:43 So just to make sure we're not treating that at a level

10:19:46 where they're not really qualified to do that.

10:19:49 That was the concern that I was hearing.

10:19:51 >> I understand.

10:19:52 Thank you.

10:19:53 >>MARY MULHERN: And then one other thing.

10:19:55 I wondered -- it sounds like you're getting very good

10:19:58 response and people are trying it.

10:20:00 And you're overbooked if anything at that first clinic.

10:20:07 So I'm wondering though if the idea is is get as many

10:20:11 people as we can to use this, what kind -- are you

10:20:14 doing any incentives or is there any -- I don't know.

10:20:20 Are you planning any more, you know, just to kind of

10:20:23 push -- even you know, if somehow maybe the departments

10:20:27 would encourage people to take a couple hours for a

10:20:31 doctor visit and to go there, somehow make that some

10:20:35 kind of incentive.

10:20:37 Just to make sure that they do it.

10:20:39 Because I know for myself, if I don't do it -- you

10:20:42 don't try it the first time, you're never going to do

10:20:44 it.

10:20:45 You need something to get people to go there.

10:20:47 So that was my other question, the screenings, can you

10:20:50 just make an appointment, go in and have a screening if

10:20:52 you're not sick.

10:20:53 >> You can absolutely make a brief appointment to go in

10:20:56 and have your blood drawn for the biometric screening.

10:20:59 And employees can then receive -- they'll receive their

10:21:03 report in the mail at home.

10:21:05 Completely confidential.

10:21:06 And they can make a follow-up appointment to see the

10:21:09 doctor and go over the results of the packet that they

10:21:11 receive.

10:21:12 And so employees have been encouraged to do that and

10:21:14 many have taken advantage of it.

10:21:16 And certainly as we have just added a practitioner, we

10:21:20 have a little more room in the schedule.

10:21:22 Our goal is when we're ready to open at the end of the

10:21:25 month, the second wellness center, we'll be certainly

10:21:28 be doing communication around this.

10:21:30 And that can be included.

10:21:32 To make sure our folks know what's available to them.

10:21:35 Frankly the word of mouth has kept things rolling very

10:21:38 quickly up to this point.

10:21:40 >>MARY MULHERN: I just hadn't heard much about it.

10:21:42 And we are pretty lively word of mouth in our little

10:21:46 building.

10:21:47 I hadn't heard too much from people.

10:21:50 So I really appreciate it.

10:21:51 One more question, can you give us the address and

10:21:54 phone number and tell us what signage there is for the

10:21:58 clinic that's on Himes?

10:22:00 >> Absolutely.

10:22:01 I'm going to ask if you guys could help me with the

10:22:04 number.

10:22:04 Our address of the first clinic is 4107 North Himes.

10:22:10 And that's located near the corner of Martin Luther

10:22:13 King and Himes.

10:22:15 And then the second address was 413 Robertson street in

10:22:19 Brandon.

10:22:20 And that won't be open until at least may 31st.

10:22:23 Then in addition --

10:22:29 >>MARY MULHERN: Does the clinic have a name?

10:22:31 >> Yes, the sign out front, it says the City of Tampa

10:22:34 wellness clinic.

10:22:35 It's on the mark queue out in front of the 4107 North

10:22:40 Himes building.

10:22:42 Very clearly marked with the City of Tampa logo.

10:22:47 And when you go into the building, it's around the

10:22:49 elevator bank, really the only major location on the

10:22:53 first floor.

10:22:54 And it's very well marked.

10:22:56 >>MARY MULHERN: So now my husband can go to the doctor

10:22:58 if he's watching, he knows where to go.

10:23:01 Thank you.

10:23:02 >> Then you asked for a phone number for -- do I have

10:23:09 that?

10:23:10 I apologize, but we don't have -- we probably have a

10:23:15 million and one cards over on the floor.

10:23:20 >>MARY MULHERN: It's probably on the city web site, I

10:23:22 hope.

10:23:22 >> It is available.

10:23:24 >>CHARLIE MIRANDA: Any other Councilmember?

10:23:26 Mr. Cohen and then Mr. Reddick.

10:23:29 >>HARRY COHEN: I just have one question.

10:23:31 When we were -- when you were briefing me about this, I

10:23:37 think it was yesterday, you talked about the cost

10:23:41 savings to the city.

10:23:43 And I wondered if you have just one number that is what

10:23:48 you would expect the city to save in a full fiscal

10:23:53 year, on our insurance premiums as a result of

10:23:56 implementing this program?

10:23:58 >> The goal is to reduce the escalation of costs in the

10:24:02 plan.

10:24:02 So, it's important that we be really clear always we

10:24:05 were in our initial presentation.

10:24:07 Our costs have been increasing every single year.

10:24:10 And we're just like the rest of the country, health

10:24:13 care costs have been increasing at about a 15% rate.

10:24:16 And our goal over time, with Care ATC is to follow the

10:24:20 pattern that they've seen with other jurisdictions and

10:24:23 in other implementations that they've done.

10:24:26 And that is suspend the increase in cost.

10:24:29 Now, typically in the initial packages that had come

10:24:31 over in October, if I'm remembering correctly, within

10:24:34 two years, they've seen their curve for their clients

10:24:39 flatten out.

10:24:40 So that 15% increase tends to bear out in a more

10:24:46 constant way over time.

10:24:47 And that's what our goal is.

10:24:49 It's clearly -- we have invested a million dollars this

10:24:53 year from the health plan that UHC gave us the credit

10:24:59 for.

10:24:59 We're taking about another five hundred to $600,000 out

10:25:02 of the workers' comp expense that we expect to save

10:25:05 from the very first visit that goes through the

10:25:07 wellness center.

10:25:08 And so we would expect that that investment would help

10:25:12 bring down the rate of escalation over the next two

10:25:15 years.

10:25:17 >>CHARLIE MIRANDA: Mr. Reddick?

10:25:19 >>FRANK REDDICK: Thank you, Mr. Chairman.

10:25:20 Correct me if I'm wrong, but I noticed when you gave

10:25:23 your presentation, with the new clinic, you stated

10:25:27 there would be one physician?

10:25:29 >> Yes, sir.

10:25:30 >>FRANK REDDICK: Are you planning on adding?

10:25:32 I know the one on Himes, you have two.

10:25:34 >> No, actually we're not planning at this point adding

10:25:37 an additional physician.

10:25:38 Frankly when Care ATC came to us with the initial

10:25:42 proposal, it was for three sites with one doctor each.

10:25:45 We kind of had the perfect storm when way sited the

10:25:48 location on Himes.

10:25:49 It was large location, not large square foot, but it

10:25:52 has a lot of rooms in it where patients can be seen.

10:25:55 And because we sited it a little more north than we had

10:25:58 expected, it really encompasses the home address of far

10:26:02 more employees than had we sited it just a few miles

10:26:05 further south.

10:26:06 So because of the size of the location and the ability

10:26:09 to house two doctors there, we feel like we're really

10:26:12 saving money by only having one physical address, one

10:26:16 physical location, but having two to three

10:26:20 practitioners there providing services.

10:26:22 So we're really getting the bang for the buck, if you

10:26:25 will.

10:26:25 Out in Brandon, we have fewer people in that vicinity

10:26:29 than we have in the downtown location.

10:26:31 So we are only plannings to site, to staff that site

10:26:36 with one physician.

10:26:38 >>FRANK REDDICK: So if you have one physician, will you

10:26:40 have any CNAs working?

10:26:43 >> We'll have medical assistants there providing intake

10:26:46 and vitals and support as well.

10:26:48 Absolutely.

10:26:49 >>FRANK REDDICK: I know you gave us the data that

10:26:51 reflected probably just one month.

10:26:54 >> Yes, sir.

10:26:55 >>FRANK REDDICK: With the facility on Himes.

10:26:57 Is it possible, even if you do not appear before us, is

10:27:01 it possible that we can probably get data on a

10:27:05 quarterly basis, even if you just gave us a written

10:27:10 report, so that we can be able to bridge, if you're

10:27:16 still on budget, versus -- right now you're on budget.

10:27:19 >> Yes, sir.

10:27:20 Yes, sir, we're very pleased to be on budget now and

10:27:23 expect that to continue.

10:27:24 We'd be happy to keep you updated on our progress on a

10:27:27 quarterly basis if that's Council's desire.

10:27:30 >>FRANK REDDICK: Thank you.

10:27:31 >>CHARLIE MIRANDA: Ms. Montelione?

10:27:32 >>LISA MONTELIONE: Thank you, Mr. Chair.

10:27:33 I understood that both from the information that was

10:27:38 e-mailed to us in this presentation, and your

10:27:42 statements today, and thank you for this report -- it

10:27:46 is very thorough.

10:27:47 So I appreciate that.

10:27:48 What is our involvement in the site selection?

10:27:52 You did talk about that in opening the first clinic,

10:27:56 and then looking at the second location, that there was

10:27:59 a very thorough search.

10:28:01 But yet, I don't -- I don't hear that we have any

10:28:05 control over that process because it's part of the

10:28:08 contract and we approved the contract as a total

10:28:13 package.

10:28:14 Along those lines, you also mentioned that we had

10:28:19 originally -- we had originally planned for three

10:28:23 clinics.

10:28:24 But then to follow up with Mr. Reddick's question, was

10:28:28 that it was for three physicians in three locations,

10:28:33 but we have chosen to put two physicians in one

10:28:36 location and one physician in the second location in

10:28:38 Brandon.

10:28:39 So, I'm a little confused.

10:28:42 Are we still looking at having three physical

10:28:46 locations?

10:28:46 Or are we done at the two because we have now hired, or

10:28:50 not we per se, but Care ATC has hired three physicians?

10:28:57 So not having been on Council the first time, not

10:29:00 having the benefit of reviewing the contract with Care

10:29:03 ATC and being familiar with the language of that

10:29:06 contract, those are where my questions lie.

10:29:08 How many total facilities are we looking at?

10:29:11 And how many total physicians?

10:29:13 And I do share the concern that these locations be

10:29:16 located within the city and just from the site map, it

10:29:20 is, with the footnotes, there are some data about the

10:29:25 number of family coverage location -- employees and the

10:29:29 number of single coverage and the number of total

10:29:32 members, because just because it's a family, it could

10:29:35 be two people, could be six people in one family.

10:29:38 So the difference between households and members of the

10:29:41 plan can be different.

10:29:42 So if you can clarify those issues for me, I'd be

10:29:47 appreciative.

10:29:48 >> Yes.

10:29:48 Thank you.

10:29:49 First let me say that the city does participate in site

10:29:53 selection very heavily.

10:29:54 Our real estate department here led by Herb Becker and

10:29:57 with John Fernandez's help has scoured the city and

10:30:01 looked at a wide array of sites before we landed on the

10:30:05 sites that we have landed on.

10:30:07 So even though Care ATC signs the lease, we do have

10:30:11 control over where we place our clinics.

10:30:14 Having said that, it's important of course to us from a

10:30:17 cost savings standpoint that we ensure we're covering

10:30:21 our city population as optimally as possible.

10:30:27 The goal is to save mean.

10:30:29 Way we saver money is by people utilizing the site.

10:30:32 While Care ATC's initial suggestion was that we do

10:30:36 three locations in the areas that were discussed, it

10:30:39 certainly was very important to the prior Council and

10:30:42 important to the city as well that we do a full

10:30:45 investigation of where our folks live and where they

10:30:48 would, the clinics would best be, most optimally used.

10:30:53 And so some of the information that you've seen

10:30:56 indicates that the sites selected for the Himes avenue

10:30:59 location, within a seven mile radius, there are over

10:31:03 3,000 employees or dependents who are within a seven

10:31:10 mile radius of that site.

10:31:12 That coupled with almost all of our employees work

10:31:14 close to that location, in the downtown area, means

10:31:18 that that site has been super used.

10:31:21 You know?

10:31:21 And the decision to add the second doctor, and now to

10:31:25 add a nurse practitioner has been an important one to

10:31:28 meet the demand that that site has required.

10:31:30 And so with that, it was really important -- we only

10:31:34 have so much budget.

10:31:35 We have only got so much approved and we have to spread

10:31:38 it where it's going to best be utilized.

10:31:41 So we have made the decision to have a second doctor

10:31:43 and a nurse practitioner at that location to meet that

10:31:46 demand.

10:31:47 That means that once we open the Brandon site, which

10:31:50 within a seven mile radius of the Brandon site, that is

10:31:54 definitely the next most populated area, there are

10:31:56 about 1500 people within a seven mile radius of that

10:32:01 site.

10:32:01 So once it's opened, that will exhaust the budget for

10:32:05 the year.

10:32:05 And any additional sites that we would do would have to

10:32:09 be future tense.

10:32:13 >>CHARLIE MIRANDA: Thank you.

10:32:16 >>MARY MULHERN: The contract is for three years?

10:32:17 >> Yes, ma'am.

10:32:19 >> So we're looking at two clinics that we, the one

10:32:22 open, the one that will open this fiscal year, so we're

10:32:26 not looking at opening any further clinics?

10:32:29 One more, because -- if I understood correctly, you had

10:32:33 three slated?

10:32:35 So for the next two years, we're not looking at opening

10:32:38 any more facilities?

10:32:40 >> The Himes avenue location is open today.

10:32:43 The Robertson street Brandon location will open the end

10:32:46 of may.

10:32:47 And then for this fiscal year, we do not anticipate any

10:32:51 additional clinics.

10:32:52 And you know, next year's budget and the following

10:32:55 year's budget, that was part of the money for the

10:32:57 clinics is part of those, the original package that was

10:33:00 approved by Council.

10:33:01 It was enough to cover the amount of staff and the

10:33:05 overhead that we had anticipated.

10:33:07 So unless additional monies are added to that, of

10:33:10 course I suppose that if we decrease costs enough,

10:33:13 there may be a reason to come before you and say,

10:33:18 there's data here that indicates we could save even

10:33:21 more with an additional clinic.

10:33:23 But at this time, it's much too early to tell.

10:33:25 So my point was that once we open the Brandon clinic,

10:33:30 that will exhaust the budget for this year and we do

10:33:33 not anticipate an additional clinic in this fiscal

10:33:36 year.

10:33:40 >> But I thought -- maybe it's in the original

10:33:43 contract, but I thought you had said there would be

10:33:45 three clinics opening.

10:33:46 >> That was the recommendation.

10:33:47 And I will say for a time, we expected that that may be

10:33:52 the way it goes.

10:33:53 But clearly the data that we have today, and the

10:33:57 feedback that we received from Council as we received

10:34:01 approval, was to be very cautious and to ensure that

10:34:05 we're getting the very best bang for every dollar.

10:34:09 And this plan certainly ensures that.

10:34:11 >>CHARLIE MIRANDA: Mr. Suarez?

10:34:13 >>MIKE SUAREZ: I think Ms. Capin first.

10:34:14 >> Ms. Capin yields to you, sir.

10:34:19 >>MIKE SUAREZ: Thank you for your presentation, Ms.

10:34:23 Crum.

10:34:24 Being the only insurance professional on this board, I

10:34:26 want to applaud what you've done.

10:34:28 One thing you do in large risk management programs,

10:34:31 which we're talking about here, is coming up with a

10:34:33 plan and then implement it.

10:34:34 And they've done a great job of doing that.

10:34:36 In answering to some of the site location issues, which

10:34:40 also goes back to Ms. Mulhern's point about publicizing

10:34:45 it, I think that we should do more to publicize it.

10:34:48 The more use we get, the better off we're going to be.

10:34:51 But the most, the only controllable factor that we have

10:34:54 in insurance costs is the prevention.

10:34:58 Those issues are the only thing that we can do is make

10:35:02 sure that people are using these clinics in order to

10:35:05 prevent more serious illnesses down the road.

10:35:10 They did a great job in terms of reducing the increase

10:35:14 of previous years' insurance.

10:35:17 To a smaller percentage.

10:35:19 And I will say that in my experience, 15 to 20% is a

10:35:22 normal percentage that we usually see on large

10:35:27 insurance premiums.

10:35:29 And I want to applaud you all for working with UHC to

10:35:33 reduce that cost.

10:35:34 But in addition, please keep us informed.

10:35:37 I think that what Mulhern had said about, Ms. Mulhern

10:35:42 had said about giving us more information on terms of

10:35:44 zip codes will be helpful.

10:35:46 What Mr. Reddick had said.

10:35:47 But just keep us informed as much as possible because

10:35:50 we want to try and drive this cost down as much as

10:35:53 possible.

10:35:53 And keep telling people, go use the wellness centers so

10:35:56 that we can bring down that cost.

10:35:58 Thank you.

10:35:59 >>CHARLIE MIRANDA: Thank you very much.

10:35:59 Now, we have heard all the good.

10:36:02 Now let me tell you about the bad and the ugly.

10:36:04 Don't look down.

10:36:07 It's not about you.

10:36:08 I'm not looking at you when I said that.

10:36:10 [ Laughter ]

10:36:11 >>CHARLIE MIRANDA: If you take it that way, I

10:36:12 apologize.

10:36:14 I was looking at myself in a mirror.

10:36:16 It is a three year contract.

10:36:18 But legal department correct me when I'm wrong, and

10:36:22 that could be quite often, because I'm going by memory.

10:36:25 But this contract is, could be terminated with advanced

10:36:30 notice, if I remember, something about 30 days.

10:36:33 Am I correct?

10:36:39 >> There are different terminations provisions,

10:36:43 depending on if it's for cause and not for cause.

10:36:45 I couldn't give you the exact date, I don't remember.

10:36:48 >>CHARLIE MIRANDA: Stay right there.

10:36:49 Now, the word firewall was used, and that's a very

10:36:52 dramatic word.

10:36:53 Says we're not responsible for anything.

10:36:55 But in law, and I'm not a lawyer and I'm not a judge.

10:36:58 When you hire a company and the company hires the

10:37:00 doctor, somewhere along the line if somebody wants to

10:37:03 sue, they're going to go to the doctor, the company and

10:37:05 whoever hired the company and that's us, the taxpayers.

10:37:08 That doesn't mean they're going to be successful, but

10:37:11 the firewall in my opinion is very thin.

10:37:13 That's just a statement.

10:37:14 Let me say also this.

10:37:16 I didn't vote for this even though I was one of the

10:37:19 originators with the previous administration.

10:37:22 Why?

10:37:22 The evidence presented here today says that the

10:37:27 original site on Himes avenue is at capacity or over

10:37:32 capacity.

10:37:33 What does that mean?

10:37:34 That means now you've gone from three clinic to two

10:37:38 clinics.

10:37:39 Why?

10:37:39 Because people will travel when it's for free.

10:37:41 And it is for free.

10:37:43 I mean, you can't even get a better bargain than that

10:37:46 at Walmart.

10:37:47 This is for free.

10:37:48 So, the same individuals that we're servicing are

10:37:52 current employees and past employees who have driven

10:37:56 this same amount of time, 30 minutes or 45 minutes one

10:37:59 way to come to work.

10:38:00 Now, instead of them coming in for health care, the

10:38:05 city taxpayers, us, is financing a building somewhere

10:38:09 else, outside the city limits.

10:38:12 That's number one.

10:38:12 Number two, when -- if I remember the cost of these

10:38:18 things to rent was about 7,000 a month.

10:38:22 Please correct me, because again I'm going by memory

10:38:25 months back.

10:38:26 So what is 7 times 12, times three?

10:38:29 We were looking at a total of somewhere about 200 some

10:38:33 odd thousand just on rent alone on the three clinics.

10:38:38 Maybe more now.

10:38:39 Because they cost you by amount of space.

10:38:41 Are we paying taxes to the entity indirectly to pay

10:38:46 taxes to the county?

10:38:47 I don't know.

10:38:48 So I'm just bringing these things.

10:38:51 When you have a million dollar debt service, you can

10:38:56 debt service it for 6% in today's marketplace.

10:38:59 Or let's say six, ten, $72,000 in debt service, a

10:39:06 million dollars for a month -- for a year.

10:39:09 So what I'm saying is, we can built our own clinics, if

10:39:13 we had the gumption, but here again we go to rent.

10:39:16 What do you get at the end of three years?

10:39:18 Get a receipt that you say you paid.

10:39:19 What do you get when you own your own building? You

10:39:23 have your own destination.

10:39:25 I don't know what the cost to remodel these buildings.

10:39:28 Got to be something to it.

10:39:29 Maybe not so substantial.

10:39:31 Maybe substantial more than what we think.

10:39:33 So what I'm saying is, you don't make it in renting

10:39:36 buildings, especially outside the city, when you can

10:39:40 build your own structure and maintain it to the level

10:39:43 of service that you need.

10:39:45 I mean, we are the taxpayers.

10:39:48 We deserve to give the public the best of the money

10:39:52 spent.

10:39:52 And I'm not saying this is not well spent money.

10:39:55 It is when you look at it on paper.

10:39:56 What's behind that paper is the cost of operation, the

10:39:59 cost of maintenance, the cost of rent, the cost of

10:40:02 renovation, and the other costs that are there, that

10:40:05 are not shown on these figures.

10:40:06 So I'm not -- I've said that getting need, the public

10:40:14 would drive when something is free.

10:40:16 And that's happening.

10:40:18 So we should just have one super clinic big enough to

10:40:22 have everybody come to it, with all the doctors there,

10:40:24 all the nurses, all the technology.

10:40:27 And if you have to rent x-ray equipment or other

10:40:31 equipment, I don't know where the blood samples are

10:40:33 going.

10:40:34 Maybe quest is doing them or another lab company.

10:40:39 But I don't know all that cost.

10:40:41 So I don't know all the details, even though I was

10:40:43 presented with the items, as this is going on the

10:40:46 councilmembers are speaking, I'm talking to myself and

10:40:49 I'm saying, what is the cost to improve this structure?

10:40:52 And then they say, you know, well, it's already been

10:40:55 approved, so there's nothing much you can do with it.

10:40:58 Maybe that's a fact.

10:40:59 But there is something you can do with it.

10:41:01 When the budget cycle comes, you have the right here of

10:41:04 the seven of us to say yea or nay.

10:41:07 All it takes four votes, you really should have five,

10:41:10 because I don't know what the administration is going

10:41:12 to do.

10:41:13 So what I'm saying I am very, very cost conscious as

10:41:17 everybody else that sits on this Council and I really

10:41:20 believe that when you rent, you never own.

10:41:23 And you're talking about taxpayers' money.

10:41:25 There was an article in the paper recently, well, we

10:41:28 have been renting something for 20 years.

10:41:30 Guess what?

10:41:32 You could have bought it.

10:41:34 Paid for it.

10:41:35 And pay no rent the last 10 years.

10:41:37 So I don't want this to get out of hand and renting and

10:41:43 renting, if the city has any kind of backbone, it buys

10:41:49 this building.

10:41:49 It has its own clinic.

10:41:51 I don't need Care ATC.

10:41:54 This administration should have -- they know it very

10:41:56 well, a doctor was here today.

10:41:58 They can handle this inside without a firewall and with

10:42:02 a firewall by setting aside a different entity to run

10:42:07 the clinic.

10:42:08 So, I'm-I'm not going to vote for it.

10:42:13 That doesn't mean that it won't pass.

10:42:14 It will pass, I think.

10:42:16 But, it is the cost of maintaining these buildings and

10:42:20 the cost of operation of these buildings that the

10:42:24 taxpayers should be aware of, what the total cost is.

10:42:27 I don't know that total cost because it's difficult to

10:42:30 understand.

10:42:31 And I understand that.

10:42:32 But, I want to appreciate the work that you've done and

10:42:36 setting the cost factors in and like other

10:42:40 Councilmembers have expressed, it takes more than a

10:42:43 month, so I'm looking really at a year, two months,

10:42:47 three months, that gives us an indication but it's not

10:42:50 going to give you a finalization of costs.

10:42:52 And these are the things that I look at.

10:42:54 I don't like to rent taxpayers' money.

10:42:56 I like to own with taxpayers' money so that taxpayers

10:43:00 get a break sometime in the future when that building

10:43:02 is paid for and the structure designs are done and so

10:43:05 forth and so on and you have the best care at the

10:43:07 lowest cost.

10:43:08 Always remember, that this is for our employees.

10:43:12 Not for the general population.

10:43:13 My vision was even grander than that, to have it for

10:43:17 the general population so they can enjoy the same

10:43:19 fruits that our employees have.

10:43:21 Thank you very much.

10:43:22 Any other questions -- Ms. Mulhern?

10:43:26 >>MARY MULHERN: Yes.

10:43:27 Thank you, Mr. Miranda, for the, bringing out the bad

10:43:32 and the ugly.

10:43:34 Because I have always had to be the one to do that I

10:43:38 don't think I voted for this either.

10:43:40 But I think it's a good thing, but I share the

10:43:43 concerns, the budget concerns that people here have.

10:43:46 And I just wanted to maybe add to what Mr. Miranda said

10:43:52 as not only will this come up at budget time in

10:43:57 September, but also this whole contract was tied to our

10:44:02 health insurance contract with United Health Care.

10:44:06 So, at the time of, it's all predicated on, you know,

10:44:11 any savings we get is based on the health insurance

10:44:14 contract, which Will be coming up around the first of

10:44:18 the year.

10:44:19 So those are two opportunities when we can get some

10:44:22 more information from you and hopefully maybe you'd

10:44:25 follow-up with the possibilities of purchasing this

10:44:28 building or if there are ways that we can drive the

10:44:33 costs down.

10:44:37 So maybe put it on the agenda for a report in August

10:44:46 maybe?

10:44:47 Before the budget, at our -- I don't know, Mr. Miranda.

10:44:57 >>CHARLIE MIRANDA: The problem is that once you do

10:44:58 this, you're going to have to sign a lease, even though

10:45:01 we have three year agreement with Care ATC.

10:45:04 I don't know what the arrangements are in renting a

10:45:06 building.

10:45:07 I don't know if it's yearly.

10:45:09 >>MARY MULHERN: Then why don't we just ask for a report

10:45:11 in November, which would be hopefully -- I don't know

10:45:16 when that -- we usually get that contract for the next

10:45:19 year's health insurance.

10:45:21 When do you bring that to us?

10:45:24 In December?

10:45:25 >> We certainly placed that in the budget during the

10:45:27 August time frame.

10:45:28 But we also, the contract typically comes up closer to

10:45:32 the first of the year.

10:45:33 The renewal with the insurance carrier.

10:45:38 >>MARY MULHERN: So I think that will be -- I'm sure

10:45:41 that will be in the works in November.

10:45:43 So maybe we could have a report from you on the clinic

10:45:48 in.

10:45:52 >> September?

10:45:53 >>MARY MULHERN: Well, you know, the whole budget -- I

10:45:57 don't know.

10:45:58 That's what I was going to say in the first place, to

10:46:01 do it in August or September, and then another one

10:46:04 before the contract.

10:46:13 How about August 25th?

10:46:18 Regular session.

10:46:19 A report on the clinics.

10:46:24 Then you may have opened another clinic and we'll have,

10:46:27 you know, six months of data on this one and then I

10:46:32 guess we could do that for now and then we can see if

10:46:36 we want to schedule another staff report for later,

10:46:40 closer to the health insurance renewal.

10:46:44 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern.

10:46:47 I'll let Ms. Capin speak in one minute.

10:46:49 Who seconded the motion for this workshop on August?

10:46:52 Second by -- tell me the dates again.

10:46:57 >>MARY MULHERN: I made it staff report on August 25th.

10:46:59 >>CHARLIE MIRANDA: August 25th at what time?

10:47:01 >>MARY MULHERN: At 10:30.

10:47:02 Whatever time we usually do.

10:47:05 >>CHARLIE MIRANDA: Reports at 10:00 on August 25th at

10:47:10 10:00.

10:47:10 Have a motion by, I have a motion by must Mulhern,

10:47:16 seconded by managers Montelione.

10:47:19 Ms. Capin?

10:47:20 >>YVONNE CAPIN: Yes, I wanted to point out that

10:47:22 Chairman Miranda made some very excellent points.

10:47:26 As far as the expense of preparing these clinics, that

10:47:33 is in the budget.

10:47:35 Everything is in the budget?

10:47:37 >> Absolutely.

10:47:38 >>YVONNE CAPIN: So what was spent on preparing the

10:47:41 clinic is in the budget?

10:47:42 Okay.

10:47:42 That was one.

10:47:43 The other thing is, I know there were opt-out options

10:47:48 or triggers, if you will.

10:47:50 I would like to be refreshed on those.

10:47:55 And also will, our lease -- our lease, are they for

10:48:01 three years?

10:48:02 >> Yes.

10:48:04 The lease for each of the clinics is a three year

10:48:07 lease.

10:48:07 As I recall, our opt out provisions are, as Sal

10:48:11 mentioned earlier, there are two different ways to end

10:48:15 the contract with Care ATC in particular.

10:48:18 And those are one for cause, should they not honor

10:48:23 their commitments to us.

10:48:25 And the second is at our discretion.

10:48:28 My recollection is that we are obligated on the lease

10:48:33 under either of those scenarios.

10:48:36 >>YVONNE CAPIN: Okay.

10:48:37 And the other point that I wanted to make that was a

10:48:41 very excellent point was, again, not knowing, and we're

10:48:47 now seeing how it's being used very much.

10:48:51 We're getting a very good response, but not knowing

10:48:54 that.

10:48:55 To purchase a building would have been a very bold

10:49:00 step.

10:49:00 But, we have a record in the city of such clinics.

10:49:06 Which is what Chairman Miranda had proposed in the

10:49:11 first place.

10:49:12 And they worked very well.

10:49:13 And I also want to point out that people do travel to

10:49:18 their physicians.

10:49:20 They will travel quite a distance to visit.

10:49:24 And again, it is free, making all those points, just to

10:49:28 keep it in mind for the future, I kind of -- I'm a

10:49:34 little bit taken back that we couldn't take advantage

10:49:38 of the real estate market that is, has been for such a

10:49:45 purchase.

10:49:46 And that's basically is just to keep those things in

10:49:49 mind going forward.

10:49:50 And so we get this contract before us again in

10:49:55 November, December.

10:49:57 >> The contract for the city's health insurance will

10:50:00 come before you between November and the end of the

10:50:02 year hopefully.

10:50:03 Is when that generally comes before you for approval.

10:50:06 The Care ATC contract has already been approved for the

10:50:10 two years.

10:50:12 >>YVONNE CAPIN: One more thing.

10:50:14 Did you just briefly, because I did get feedback on the

10:50:18 prescription.

10:50:22 And what happened and how it was or it's being

10:50:27 addressed.

10:50:28 >> Yes.

10:50:29 Thank you for that question.

10:50:30 There was an issue in the early weeks, once the first

10:50:35 wellness center was open, about some employees who

10:50:38 arrived at the center armed with prescriptions from a

10:50:41 non-Care ATC physician.

10:50:43 And there were some difficulty with them getting those

10:50:47 prescriptions filled.

10:50:48 For a myriad of reasons, including a Florida law that

10:50:51 doesn't allow a wellness center such as ours to honor

10:50:55 prescriptions that are not part of their medical

10:50:58 symptom.

10:50:59 Those must be filled by a pharmacist.

10:51:01 So Care ATC has made adjustments, working with city

10:51:05 staff to ensure that anyone who has a prescription that

10:51:09 is for a generic medication that's on our formulary

10:51:13 list, which has been provided, they can now go to the

10:51:17 Care ATC facility and their prescription will be

10:51:21 honored for a one-time fill.

10:51:22 And then there's a method where they can go to a

10:51:25 pharmacy and get a zero co-payment bill for ongoing

10:51:29 refills.

10:51:30 So all they need to do is contact the Care ATC number

10:51:34 and they can be given an appointment to come in and

10:51:37 present their prescription.

10:51:38 And we appreciate everyone's patience during the early

10:51:42 weeks when that was an issue.

10:51:44 I think we received about nine pieces of feedback from

10:51:48 various folks who struggled with that.

10:51:51 And so we appreciated that because it gave us the

10:51:53 opportunity to fix it, along with Care ATC.

10:51:57 >>CHARLIE MIRANDA: Mr. Suarez?

10:52:00 >>MIKE SUAREZ: This is an answer to some of the points

10:52:02 you brought up, Mr. Chair.

10:52:03 There are two aspects to this whole program.

10:52:06 Obviously, not being privy to the original contract, I

10:52:09 can't answer to some of the specifics that you brought

10:52:12 up.

10:52:12 But there's an operational aspect of it which comes

10:52:15 from Care ACT and then also the insurance aspect of it.

10:52:21 Because they are on separate contracts, we have to look

10:52:25 at it in a separate way.

10:52:27 I would ask for your department, Kimberly, to come up

10:52:33 with a way of measuring the cost, total costs of

10:52:39 bringing down health care, so as an example, if after

10:52:43 the course of this first year, or close to one year,

10:52:47 because it's going to be about a ten month period that

10:52:49 we're going to be able to study, what that cost savings

10:52:52 was, using those clinics.

10:52:54 And then secondly, what the cost is for maintaining

10:52:56 those clinics.

10:52:58 I think that's going to give us a better idea of what

10:53:01 that total nut is, as opposed -- because we have two

10:53:05 separate contracts, and one is, but they're part and

10:53:08 parcel of each other.

10:53:09 We need to be very careful on how we measure it and how

10:53:13 we look at it.

10:53:14 So if you could do that for us at that workshop, that

10:53:17 would be greatly appreciated.

10:53:19 Because we want to know what that total number is,

10:53:22 because we're going to be dealing with a budget where

10:53:25 there's going to be a very large number we're going to

10:53:28 have to fill.

10:53:29 So we need to know every piece and every detail, in

10:53:33 order to help us make a better decision.

10:53:35 Thank you.

10:53:37 >>CHARLIE MIRANDA: I have a motion -- I'm going to take

10:53:40 this vote.

10:53:41 August 25th, include friendly option by Mr. Suarez on

10:53:45 August 25th, staff reports of this year.

10:53:56 Redialing]

10:54:59 >>CHARLIE MIRANDA: We're now going to open the public

10:55:01 hearings.

10:55:01 These are quasi-judicial hearings.

10:55:04 Items 40, 41 and 42.

10:55:06 Need a motion for that.

10:55:14 The ayes have it unanimously.

10:55:14 Items 40, 41 and 42 are open.

10:55:20 >> The witnesses will need to be sworn in.

10:55:33 [Oath administered by Clerk]

10:55:34 >>CHARLIE MIRANDA: All materials that came in to this

10:55:35 Council to the clerk's office are to be received and

10:55:38 filed on items 40, 41 and 42.

10:55:42 Motion by Ms. Montelione, second by Mr. Suarez.

10:55:44 All in favor of the motion, please indicate by saying

10:55:47 aye.

10:55:48 Item 40.

10:55:48 Yes, ma'am.

10:55:51 >> C 1105 is a request to vacate some alleyways, just

10:55:56 north of downtown.

10:55:59 I have a map for the overhead.

10:56:01 The property owner -- the petitioners' property is in

10:56:09 red.

10:56:09 The area to be vacated is outlined in yellow.

10:56:12 And this is a circular alleyway that lies just north of

10:56:16 Cass Street and west of Nebraska.

10:56:18 And I have some, it's unimproved.

10:56:21 And it sort of borders the project and owned by the

10:56:25 Tampa housing authority.

10:56:26 They own all this property abutting this area now.

10:56:29 I have some photos.

10:56:30 The first is the north side of the alley looking west

10:56:34 from Nebraska Avenue.

10:56:35 A second photo is the south side of the alley looking

10:56:40 west from Nebraska Avenue.

10:56:41 And the third photo is the north-south portion of the

10:56:47 alley looking north from the south portion of the

10:56:49 alley.

10:56:49 This is the petitioner's property.

10:56:54 This is the old banana handlers building.

10:56:58 And that's now owned by the housing authority.

10:57:03 And then the last photo is the petitioner's property

10:57:06 something like some of the site work for the Encore

10:57:08 project.

10:57:09 Staff has no objection to the request and no easements

10:57:14 are required.

10:57:16 >>CHARLIE MIRANDA: Okay.

10:57:16 Anyone in the audience care to speak on this item?

10:57:19 Is the petitioner here?

10:57:23 >> Members of the Council, Hugh Martin, we represent

10:57:27 the Tampa housing authority.

10:57:29 I appreciate the Council's consideration of this

10:57:31 solution.

10:57:31 As you can see, it's very small little park next to the

10:57:35 encore project.

10:57:36 We sort of need to clean up all the right-of-ways

10:57:40 matters and appreciate your consideration.

10:57:41 >>CHARLIE MIRANDA: Thank you very much.

10:57:42 Anyone else on the public like to speak on item 40?

10:57:45 Any other Councilmembers remarks?

10:57:49 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick to

10:57:51 close, second by Mr. Suarez.

10:57:52 All in favor of the motion,

10:57:53 please indicate by saying aye.

10:57:53 Opposed nay?

10:57:57 The ayes have it unanimously.

10:57:58 Ms. Capin, your turn.

10:58:01 >>YVONNE CAPIN: An ordinance vacating, discontinuing,

10:58:06 abandoning a certain right-of-way, all that alley lying

10:58:09 south of India street, north of Cass avenue, east of

10:58:12 governor street and west of Nebraska Avenue in Mugge's

10:58:15 subdivision, a subdivision in the City of Tampa,

10:58:19 Hillsborough County Florida, the same being more fully

10:58:22 described in section two hereof, subject to certain

10:58:26 covenants, conditions and restrictions as more

10:58:29 particularly described herein.

10:58:31 >>CHARLIE MIRANDA: Motion by Mr. Capin, second by

10:58:33 Mr. Cohen to close vote.

10:58:35 All in favor of the motion,

10:58:36 Please indicate by saying aye.

10:58:37 The ayes have it unanimously.

10:58:38 Thank you all, very much.

10:58:39 Item 41.

10:58:40 >> Second reading of the ordinance will be held May

10:58:42 19th at 9:30 a.m.

10:58:45 >> Barbara Lynch, Land Development Coordination.

10:58:49 C 11-06 is a ask to vacate two alleyways and hiatus in

10:58:55 the Sulphur Spring area of town.

10:58:57 I have a map for the overhead.

10:58:58 Again, the petitioner's property is in red.

10:59:01 And the area to be vacated is in yellow.

10:59:04 This -- there's two alley's, one's east-west, one

10:59:10 north-south and they lie between Arctic and Yukon and

10:59:14 west of Nebraska.

10:59:16 The north-south alley is unimproved.

10:59:18 The east-west is paved.

10:59:20 It is incorporated into the property owner's property

10:59:23 description.

10:59:24 Staff has no objection to this request.

10:59:26 And I have some photos.

10:59:28 The first is the north-south alley looking north from

10:59:33 Arctic Street.

10:59:34 This part.

10:59:34 The east-west alley and the hiatus looking west from

10:59:42 Nebraska.

10:59:42 And you can see it's incorporated into the property

10:59:50 owner's property.

10:59:50 This is the petitioner's property.

10:59:52 And again, the petitioner's property looking south from

11:00:02 Yukon.

11:00:03 And this also abuts the city park on the west.

11:00:10 Staff has no objections to this request.

11:00:14 Providing easements are pertained for waste walks

11:00:19 Verizon and that the applicant must deed to DOT on

11:00:22 easement for future road widening off Nebraska.

11:00:25 >>CHARLIE MIRANDA: Anyone in the audience care to speak

11:00:27 on item 41?

11:00:31 >>STEVE MICHELINI: Steve Michelini here on behalf of

11:00:33 Luis Suriel, the petitioner.

11:00:36 We respectfully request your approval.

11:00:38 As you've heard, there are no objections and there are

11:00:39 easements being reserved for a variety of utilities.

11:00:43 If there are any questions, I'll be happy to answer

11:00:44 them.

11:00:45 >>CHARLIE MIRANDA: Thank you very much.

11:00:45 Anyone else in the audience care to speak on this item?

11:00:48 I see no one.

11:00:49 Any Councilmember have any remarks?

11:00:52 >> Motion to close.

11:00:53 >>CHARLIE MIRANDA: Motion by Mr. Cohen to close.

11:00:55 Seconded by Mr. Cohen -- excuse me, by Mr. Reddick.

11:00:59 All in favor of the motion,

11:01:00 Please indicate by saying aye.

11:01:01 Opposed nay.

11:01:02 The ayes have it unanimously.

11:01:04 Mr. Suarez?

11:01:09 >> An ordinance vacating, closing, discontinuing and

11:01:12 abandoning a certain right-of-way, alleyway and hiatus

11:01:17 lying south of Yukon Street, north of Arctic Street,

11:01:19 west of Nebraska Avenue and east of Arden Avenue, in

11:01:22 map of subdivision at Sulphur Spring, near Tampa,

11:01:26 Florida, and Spring Hill subdivision, subdivisions in

11:01:28 the City of Tampa, Hillsborough County, Florida, the

11:01:31 same being more fully described in section two hereof,

11:01:35 subject to certain covenants, conditions and

11:01:36 restrictions as more particularly described herein,

11:01:41 providing an effective date.

11:01:42 >>CHARLIE MIRANDA: All in favor of the motion, please

11:01:43 indicate by saying aye.

11:01:44 Opposed nay?

11:01:46 The ayes have it unanimously.

11:01:46 Second reading is?

11:01:48 >> May the 19th, 9:30a.m.

11:01:52 >>CHARLIE MIRANDA: Item 42.

11:01:58 >> Good morning, Eric Cotton, Land Development

11:02:01 Coordination.

11:02:03 This is a review of a Variance Review Board decision.

11:02:06 The case was VRB 10-38, for property at 101 South Dale

11:02:12 Mabry Highway.

11:02:14 Corner of Dale Mabry and Kennedy.

11:02:15 It's for a request to convert two signs from

11:02:18 non-conforming to conforming.

11:02:21 The sign along Kennedy, the request was to decrease the

11:02:25 front yard setback from 15 feet to two feet.

11:02:27 Increase the highway front from 20 feet to 25 feet.

11:02:29 And square footage of the site from 50 square feet to

11:02:31 117.23 square feet.

11:02:34 The sign along Dale Mabry was requested to increase

11:02:37 setback from 15 feet to 7 feet.

11:02:39 Increase the height from 20 to 25 feet and the square

11:02:42 footage from 50 feet to 199.02 feet.

11:02:46 This was first heard by the board back in August 2010.

11:02:49 The board denied the request, finding that they did not

11:02:51 feel there was any hardship presented.

11:02:54 The applicant appealed the decision back to City

11:02:58 Council in December.

11:03:01 At that time, the applicant indicated that he had been

11:03:04 told that to convert the sign, to switch out sign

11:03:09 faces, he needed to get a variance.

11:03:11 That agreement went back to the Variance Review Board

11:03:14 for them to address that issue.

11:03:16 At the second hearing in February before the board,

11:03:18 there was discussion about that.

11:03:20 Testimony was presented by Terry Cope, who's the

11:03:23 supervisor over at CST that deals with signage.

11:03:26 Indicated as long as there was a nonconforming sign,

11:03:29 you can switch out sign faces as long as you don't

11:03:34 alter the actual size of the sign.

11:03:37 At that time the board again denied the request.

11:03:39 Applicant is now before the City Council again to

11:03:40 request for an appeal for you all to approve the

11:03:45 requested variances.

11:03:51 >> This is a sign along Dale Mabry.

11:03:53 This is a sign along Kennedy.

11:03:56 If you have any questions, I'll be more than happy to

11:03:58 try to answer them for you.

11:03:59 >>CHARLIE MIRANDA: Ms. Capin?

11:04:01 >>YVONNE CAPIN: Okay.

11:04:02 The signage within the frame can be changed and they

11:04:07 can be any size within that frame?

11:04:10 >> Correct.

11:04:12 This whole area, they could have multiple signs.

11:04:16 >>YVONNE CAPIN: Just want to understand that.

11:04:17 Okay.

11:04:18 Thank you.

11:04:19 >>CHARLIE MIRANDA: I have the legal department that

11:04:20 would like to put something on the record.

11:04:25 >> Just so that you understand the process of review

11:04:30 for this case.

11:04:31 This is under our review process.

11:04:33 It was previously heard through the appeal process.

11:04:37 As you sit today, you sit in a manner in which you are

11:04:39 reacting to the decision to deny this variance, but you

11:04:45 can take in additional information and evidence.

11:04:48 And render a decision to either uphold the decision of

11:04:51 the Variance Review Board or overturn the decision of

11:04:53 the Variance Review Board or remand it back to the

11:04:56 Variance Review Board.

11:04:57 And if there are any questions at the end, we could go

11:05:00 over what the standard of review is.

11:05:04 >>CHARLIE MIRANDA: Councilmember Suarez?

11:05:09 >>MIKE SUAREZ: This has been remanded once before,

11:05:11 correct?

11:05:11 >> This is correct.

11:05:12 This was remanded, but it was remanded under the old

11:05:17 process.

11:05:17 Under the appeal process the city previously had, this

11:05:22 Council could not hear additional evidence, so the only

11:05:25 mechanism to get additional evidence was to remand for

11:05:28 that additional evidence to be made part of the record.

11:05:33 But subsequently, the process did change and there was

11:05:36 an opportunity for them to file for this review.

11:05:39 Therefore, you can hear the additional evidence at this

11:05:41 time.

11:05:42 >> Thank you.

11:05:46 >>CHARLIE MIRANDA: Yes, sir?

11:05:47 >> Good morning, Council.

11:05:48 This petition as they indicated to you, has been filed,

11:05:55 was filed and heard in August of 2010.

11:05:58 There are a number of basic issues that affect what

11:06:04 happens with this property.

11:06:05 Let me show you our survey, which is highlighted.

11:06:16 Can you see that?

11:06:18 The yellow marks are where the signs would have to be

11:06:22 moved to in order to comply with the code.

11:06:24 And that's on the Dale Mabry side.

11:06:27 This is on the Kennedy side.

11:06:30 Which puts the signs in the middle of the drive aisle.

11:06:35 This is the sign on Kennedy Boulevard.

11:06:40 That would move this sign over here to the edge of

11:06:45 where that red truck is.

11:06:47 This is what the owner has done to make what typically

11:06:53 are pretty boring pylons into an attractive topiary.

11:06:59 These are structural steel columns behind here.

11:07:03 And one of the discussions that the city at the

11:07:07 Variance Review Board was, well, why don't you just,

11:07:10 you know, lop part of this off.

11:07:14 You can't do that.

11:07:15 Those are structural changes which affect the integrity

11:07:17 of the sign.

11:07:18 This is the Dale Mabry -- this is the Kennedy side

11:07:24 where previously, this, part of this was, belonged to

11:07:29 this property owner.

11:07:30 And they took right-of-way along from here that

11:07:34 shortened up this distance, this separation here to

11:07:37 about two feet.

11:07:38 Why is that important?

11:07:41 Because we can't meet the code now.

11:07:43 And when you take property from somebody and then you

11:07:46 change the code regarding what you have to do to

11:07:52 embellish the sign to change it out, to do any other

11:07:55 things with it, you can't meet the code.

11:07:58 They did the same thing over here on the Dale Mabry

11:08:00 side.

11:08:01 So you can see the distance is quite narrow.

11:08:04 And again, he's attractively landscaped this.

11:08:10 He's made it as unobtrusive as possible.

11:08:14 And he can never meet the city code as it currently is

11:08:17 written.

11:08:18 He cannot.

11:08:18 His ability to meet the code means moving it into the

11:08:22 parking lot, which is not physically possible without

11:08:26 rendering the entire site useless.

11:08:28 He could tear down the building and he could start all

11:08:31 over again.

11:08:32 But that's not going to solve the problem.

11:08:35 Here's another picture.

11:08:38 This is the, this is the Dale Mabry side.

11:08:42 You can see that one.

11:08:44 And then this is also the Dale Mabry side.

11:08:46 I showed you the proximity of that sign.

11:08:50 You have to have a 15-foot setback.

11:08:52 He's at two feet.

11:08:53 This is a close-up view of the foliage around those

11:09:00 columns.

11:09:01 To show what he has done.

11:09:03 You can see, if you can get an idea of the size of the

11:09:06 vines here, that's been there a long time.

11:09:08 This site was originally developed in 1957.

11:09:11 And in 1990, the city changed the codes, took the

11:09:18 right-of-way, and--- I'm sorry.

11:09:22 They didn't change the code in 1990.

11:09:24 They took the right-of-way in 1990.

11:09:26 And then subsequent to that, they changed the codes a

11:09:28 few years ago.

11:09:29 And made it impossible for this particular location to

11:09:33 meet the code.

11:09:34 If you look at the overall site plan, the aerial

11:09:38 photograph, you can see that the building is placed

11:09:42 back here and all the parking, the drive aisles are up

11:09:45 on the front.

11:09:46 The code I don't believe was ever intended to create

11:09:51 this kind of hardship on a single property owner.

11:09:54 Our objective is to vest this sign as a legal

11:10:01 conforming sign to allow us to structurally repair it.

11:10:05 We have some structural issues going on with the sign.

11:10:09 And originally we were told by one of the plan

11:10:12 reviewers that we couldn't switch out the sign face.

11:10:16 So you couldn't switch out one or two or more sign

11:10:21 faces.

11:10:21 We switching out four or five.

11:10:24 We went to the VRB and construction services center.

11:10:27 They said whoever told you that was wrong and you can

11:10:30 switch out the sign faces.

11:10:32 But we cannot fix this sign.

11:10:35 The code is designed to be fair and reasonable to

11:10:39 people and to small businesses.

11:10:42 This, if you look at this right here, this is a plastic

11:10:45 overlay.

11:10:46 It's been there for seven or eight months.

11:10:49 And it's been there because we're in this process.

11:10:53 One of our objectives was to take this whole section

11:10:57 down here and to replace it with a digital sign.

11:11:01 And that would be limited, according to city code, to

11:11:04 less than 50 square feet.

11:11:06 It would cost them over $408,000 for each sign, to try

11:11:17 to relocate them, plus it would render the site plan

11:11:20 impractical.

11:11:21 You can't drive through it.

11:11:23 It would render the parking lot unusable.

11:11:26 We didn't create the hardship with DOT.

11:11:29 Or the city transportation department when they took

11:11:31 the right-of-way.

11:11:32 And we don't think we should be subjected to another

11:11:35 hardship by not being able to modernize this sign and

11:11:39 bring it into compliance with the city code and take it

11:11:42 out of the nonconforming status into a legal conforming

11:11:46 status.

11:11:47 The other issue is, we have been in touch with the

11:11:50 sheriff's office.

11:11:51 And one of the things, because of location of this

11:11:55 sign, we had proposed to them that we connect this to

11:11:59 the amber alert system and being at the corner of Dale

11:12:02 Mabry and Kennedy Boulevard, they seemed to think that

11:12:08 that was an excellent idea.

11:12:09 And so the owner had committed to them that this would

11:12:12 be connected to the Amber alert system.

11:12:15 We have been through this process now, we have been in

11:12:20 it for over a year.

11:12:21 We have been through hearings and remands.

11:12:26 And there's a basic issue here that is causing a severe

11:12:31 hardship and a problem for a small business owner.

11:12:34 As recently as yesterday when I was talking to the

11:12:38 construction services center, in excess of 90% of the

11:12:40 signs in the city have been rendered legal

11:12:44 nonconforming because of the change in the code.

11:12:46 We're asking for relief from that provision in the

11:12:50 code.

11:12:51 We're asking you to in this specific case, this is a

11:12:56 case-by-case basis, that this owner will not ever be

11:12:59 able to meet the code.

11:13:01 Therefore, at some time, his sign will fall down, he

11:13:05 will not be able to replace it.

11:13:07 If it was damaged by a car or damaged by winds or a

11:13:12 storm, he cannot replace that sign.

11:13:14 In its current location.

11:13:17 That would be an extreme hardship.

11:13:19 And I guess -- if we started with a blank slate and you

11:13:22 had a property that had no building on it, you could

11:13:26 design the sign and a site that would comply with the

11:13:29 code.

11:13:29 But when this was built, it come mid with the code.

11:13:33 It received all the proper permits.

11:13:35 And then to change that subsequent to that,

11:13:38 construction and the paying the taxes on this property

11:13:41 for, since 1957, as it was currently sits, and then to

11:13:46 suddenly say that his sign, which is an investment in

11:13:49 his property, can't be used and can't be cleaned up and

11:13:53 can't be restored, I think is a hardship that needs

11:13:56 relief from the City Council.

11:13:59 When we came to you before, you all wanted

11:14:02 clarification on the interpretative matter of the

11:14:05 replacement of the sign faces.

11:14:07 That does not relieve the hardship.

11:14:14 We're respectfully requesting relief from that.

11:14:17 We're respectfully requesting your approval to allow

11:14:21 this to become a legal conforming sign.

11:14:24 >>CHARLIE MIRANDA: Thank you very much.

11:14:25 Any comments by Councilmembers?

11:14:28 >>YVONNE CAPIN: If you put it back on the overhead.

11:14:30 Where the sign would have to be moved to conform, but

11:14:33 that's not the existing sign.

11:14:36 That's if it's increased in square footage.

11:14:38 >> It's not being increased in square footage.

11:14:41 >>YVONNE CAPIN: Well, okay.

11:14:42 >> The sign is existing the way it sits.

11:14:45 All we're talking about doing is changing the sign

11:14:47 faces.

11:14:48 And making one of the sections digital.

11:14:51 The sign's not being increased.

11:14:55 >>YVONNE CAPIN: I heard square footage.

11:14:57 >> Because the code changed.

11:15:00 The code reduced the square footage sign.

11:15:04 This sign sits just the way it is.

11:15:06 We're not proposing to en-- enlarge or increase the

11:15:10 size of the sign.

11:15:16 >>ERIC COTTON: What happens, the way the code reads, as

11:15:20 Mr. Michelini said, they want to switch out part of the

11:15:23 sign to put it in digital format.

11:15:25 The sign has to be conforming.

11:15:27 To make -- the sign itself may not be changing, but the

11:15:30 current code limited to 50 square feet.

11:15:33 This is larger than that.

11:15:34 To make the sign conforming, the square footage,

11:15:39 nonconforming sign has to increase.

11:15:41 >>YVONNE CAPIN: Okay.

11:15:42 Now I understand.

11:15:43 So, Mr. Michelini, then you are -- part of your

11:15:47 argument is that because of the right-of-way being

11:15:52 taken, that is the hardship, that is the what is

11:15:56 causing the hardship.

11:15:58 There's not the -- he does not have the land to be able

11:16:04 to do it?

11:16:05 >> That's correct.

11:16:06 >>YVONNE CAPIN: And he would have otherwise?

11:16:09 >> He would have been very close.

11:16:11 But the code changed to a 15-foot setback.

11:16:14 As it sits right now, and I want to make sure I'm very

11:16:18 clear about this.

11:16:19 We're not changing anything about the size of that

11:16:21 sign.

11:16:21 Always it sits now, we do not comply with the code.

11:16:24 Either -- we don't comply with the setback.

11:16:27 We don't comply with the height.

11:16:29 We don't comply with the size of the sign that's there.

11:16:32 And we can't -- that's what I was talking about.

11:16:36 We can't just take sections off because this is

11:16:39 structural steel that goes all the way to the top.

11:16:41 You can't just lop things off.

11:16:44 What we were proposing to do was to combine this lower

11:16:47 portion here into one smaller digital sign.

11:16:51 And what it also did, if I could go back to this site

11:16:57 plan, when this jog occurs in here, it sets us back

11:17:02 behind the cemetery and the VFW that's right here.

11:17:07 You can't even see this any more because of that jog.

11:17:10 So, we were trying to work within the code and figure

11:17:16 out what we could do.

11:17:17 Here is a picture -- I don't know if it's very clear.

11:17:24 This was what we're talking about, the section here

11:17:28 was -- was a section that was being proposed to be

11:17:32 taken out.

11:17:32 And that was the lower two panels.

11:17:36 I really -- I understand the objective of the code.

11:17:41 And trying to make a lot of these signs, make you come

11:17:46 into compliance.

11:17:47 But in certain cases, there's no relief.

11:17:50 If you met the setbacks and the landscaping

11:17:55 requirements on the one side and you met the parking

11:17:57 requirement on the other side and you met the

11:17:59 stormwater requirement and then you met the building

11:18:01 setback requirement, something has to give.

11:18:05 But when they developed the sign code, they didn't

11:18:07 carefully consider the impact of those setbacks on all

11:18:11 of the other elements of site development.

11:18:14 They developed the code that said okay, you need to

11:18:17 have 15-foot setback.

11:18:19 But they didn't consider that you have an eight foot

11:18:21 setback for parking, you have a 20-foot setback for the

11:18:24 building.

11:18:25 And all of those elements that contribute to that.

11:18:28 You have to have a 26-foot drive aisle.

11:18:30 When you start using all of those elements and you add

11:18:33 them together, you end up with no property.

11:18:39 >>YVONNE CAPIN: Therefore, the VRB did not find

11:18:42 hardship.

11:18:43 Or it's just going exactly by code is what the VRB?

11:18:49 >> The --

11:18:52 >>YVONNE CAPIN: I want to hear.

11:18:54 >> Eric Cotton.

11:18:55 Yes, the VRB did not find a hardship existed, based on

11:19:00 the evidence at both the first and second hearing.

11:19:03 Since this is a new hearing, you don't get the

11:19:06 transcripts.

11:19:06 At the first hearing, even after the second point, they

11:19:10 did find there was an issue with the setback itself,

11:19:13 given the fact, Mr. Michelini was say, as you move the

11:19:17 sign it goes into the parking lot.

11:19:19 But the overall hardship criteria for the height and

11:19:22 square footage, they did not find a hardship on either

11:19:25 one of those.

11:19:27 >>CHARLIE MIRANDA: Mr. Cohen?

11:19:30 >>HARRY COHEN: Two quick questions.

11:19:31 First of all, when was this sign that we're talking

11:19:33 about built originally?

11:19:35 >> 1957.

11:19:37 >>HARRY COHEN: 1957.

11:19:38 This sign has been there since 1957?

11:19:41 >> The sign and the site was developed and built in

11:19:43 '57.

11:19:44 >>HARRY COHEN: This sign in its present.

11:19:46 >> I think it was updated at some point.

11:19:48 But the location was there from when it was originally

11:19:51 developed.

11:19:53 >>HARRY COHEN: Okay.

11:19:53 But this exact sign in terms of its parameters.

11:20:01 >> I don't know.

11:20:02 It's been there at least since the 70s.

11:20:05 I don't know exactly, but the site was originally

11:20:07 developed with the signage in that location since '57.

11:20:12 >>HARRY COHEN: And it conformed to the code when it was

11:20:15 originally built?

11:20:16 >> Yes, sir.

11:20:16 There is testimony in the record here about finding a

11:20:21 hardship, but what happened with the VRB was they got

11:20:25 into a lot of discussion about, you know, what's the

11:20:28 intent of the code and they were looking for a strict

11:20:31 interpretation and asking for the policy decisions to

11:20:34 come back from the City Council.

11:20:37 About how do you handle individual hardship cases like

11:20:42 this?

11:20:45 There's a lot of discussion about that in here.

11:20:53 >>CHARLIE MIRANDA: Ms. Montelione?

11:20:55 >>LISA MONTELIONE: Thank you, Mr. Chair.

11:20:56 I do have a couple of questions.

11:21:02 The way that the summary, the request is written, I

11:21:05 think brings one of the points that Ms. Capin was

11:21:08 talking about because the way it's written, says the

11:21:11 request is decrease the front setback from 15 to two

11:21:15 feet.

11:21:17 The height of the sign from 20 to 25 feet.

11:21:19 So, if you're looking to decrease the height of the

11:21:21 sign, the way that sentence reads is that you're

11:21:24 looking to decrease height of the sign from 20 to

11:21:27 25 feet, that doesn't sound right.

11:21:28 So I think that's kind of flipped.

11:21:31 Also the square footage from 50 to 117.23 feet.

11:21:35 That wouldn't be obviously a decrease.

11:21:36 That would be an increase.

11:21:38 That's just to accommodate those I'm guessing the sign

11:21:41 is 25 feet tall.

11:21:43 It is 117.23 in square footage on the Kennedy side and

11:21:49 199.02 on the Dale Mabry side.

11:21:52 And also again 25 feet tall.

11:21:55 >> Yes.

11:21:56 And those are existing conditions.

11:21:58 >>LISA MONTELIONE: Those are existing conditions.

11:21:59 The sign face -- I mean I completely sympathize with

11:22:04 all, the owner probably wanted to do was switch out the

11:22:07 sign face and then was brought under this whole

11:22:12 process.

11:22:15 My concern was that, you talked about a digital sign.

11:22:20 And placing a digital sign and the Amber alert, that

11:22:25 that perhaps triggered the Variance Review Board's

11:22:29 review is when they applied to put the digital sign in?

11:22:33 >> Yes.

11:22:34 That's not the only thing that triggered it.

11:22:36 But that was an element, yes.

11:22:38 You cannot place a digital sign into a legal

11:22:40 nonconforming sign.

11:22:43 >>LISA MONTELIONE: And I see that Ms. Cole would

11:22:46 perhaps say something to address that.

11:22:50 >>JULIA COLE: Many of you are new.

11:22:51 I'm going to take two minutes to tell you some

11:22:53 background about how we got here.

11:22:55 We went through the process, I want to say 2007, into

11:22:57 2008 of updating our sign code, through that process,

11:23:02 we revised what the standards were for signs.

11:23:06 We went from 100 square feet to 50 -- 300 square feet

11:23:12 to 50 square feet to lower the sign and really

11:23:15 drastically reduced the amount of signage you were

11:23:18 allowed to have in the city through a very long

11:23:21 process.

11:23:22 City Council approved that code at that time, in

11:23:24 essence all the existing signs in the city that didn't

11:23:27 conform were made legal nonconforming sign.

11:23:31 When Mr. Michelini says that, it's a fair assessment.

11:23:34 Under your nonconforming sign provisions within the

11:23:36 code, there are things you can do and things you can't

11:23:38 do.

11:23:39 You can change out signs, very clear in the code.

11:23:43 You can maintain your signs.

11:23:45 You cannot -- you can make very minimal amounts of

11:23:50 structural operation but you are limited and can't make

11:23:54 alterations that will enhance the life of the sign.

11:23:57 One of the more important things we put in the code at

11:23:59 that time was you cannot change out a sign face on a

11:24:04 nonconforming sign to an electronic message center.

11:24:09 To a nonconforming sign.

11:24:11 So the method to actually put your sign into a

11:24:15 conforming status is to do one of two things.

11:24:18 Bring your sign down, comply with the code as it's

11:24:21 written today.

11:24:22 Which you're not obligated to do.

11:24:24 But if you want to have an electronic message sign or

11:24:27 you remove your sign to a certain percentage, you do

11:24:30 have to comply with the existing sign code.

11:24:32 Or if you have an existing sign that doesn't meet code

11:24:35 and it's legal nonconforming, you can seek a variance

11:24:38 to make that legal nonconforming sign conforming.

11:24:41 Once that legal nonconforming sign becomes a conforming

11:24:44 sign for purposes of the city code, then you are

11:24:47 treated in a manner consistent with all other legally

11:24:50 conforming signs.

11:24:51 You can change out your copies for purposes of

11:24:54 electronic message center, you can structurally all her

11:24:57 to your sign in existing location and if it gets

11:25:00 destroyed, you can rebuild it in the same location.

11:25:02 That's kind of the contest as to what we are and why

11:25:05 this variance is -- I don't want to say why, that's for

11:25:11 the applicant to say.

11:25:12 But one of the things to occur.

11:25:16 >> I got my seven minutes here.

11:25:18 I've got to do something for the mayor who is out of

11:25:21 town.

11:25:21 So I'm going to leave in seven minutes.

11:25:23 >> Anyway.

11:25:24 Our objective is to seek relief.

11:25:27 The construction services center is burdened by these

11:25:31 elements.

11:25:32 Members of the VRB have asked for relief from the City

11:25:37 Council and the former City Council membership took no

11:25:40 action on that.

11:25:41 And we have been before that group to try to seek the

11:25:45 relief that I'm petitioning for here.

11:25:49 For this specific site.

11:25:51 There is no way that at any point in the future that

11:25:56 this sign can comply under the current code.

11:25:59 It cannot.

11:26:00 And as I mentioned to you, under the site plan

11:26:04 regulations, I don't think that the code, as it was

11:26:10 rewritten, adequately addressed the inability of small

11:26:14 property owners.

11:26:15 Now, they set up a separate deal with large sign

11:26:18 companies.

11:26:19 And I have pictures of their digital signs, all over

11:26:23 the city.

11:26:24 They have a separate agreement.

11:26:26 But that never covered a small business owner.

11:26:31 >>CHARLIE MIRANDA: Ms. Capin?

11:26:33 >>YVONNE CAPIN: Ms. Cole, please address this real

11:26:36 quickly.

11:26:39 On, when -- if this is made into a legal conforming

11:26:44 sign, how much digital, electronic can that sign

11:26:49 become?

11:26:51 >> Legal conforming signs under our code can have up to

11:26:54 50 square feet as a matter of right of electronic

11:26:57 message with certain limitations as to how often they

11:27:00 move and etcetera, etcetera.

11:27:02 I do want to take this moment.

11:27:04 I understand what Mr. Michelini said about the large

11:27:07 companies.

11:27:07 That is the billboard issue and completely separate

11:27:10 discussion.

11:27:10 I would request that we not get involved in that

11:27:13 discussion in this on-site sign case.

11:27:16 Happy to brief any of you on the billboard issue at any

11:27:19 moment in time but that is not appropriate to discuss

11:27:21 at this moment in time.

11:27:23 >>YVONNE CAPIN: Thank you.

11:27:24 >> If I could also clarify, I want to make sure the

11:27:27 record is clear, legal nonconforming signs wherever

11:27:30 they exist in the city, there is no obligation on the

11:27:33 part of a property owner to bring that sign into

11:27:35 conformance.

11:27:36 They are allowed, that sign -- this sign and any other

11:27:40 legal conforming sign at the height, size, location,

11:27:44 etcetera, there is no manned date in City of Tampa code

11:27:46 to take those down.

11:27:48 There are certain limitations on what you can do with

11:27:51 them, but they can stay in perpetuity as long as that

11:27:55 property owner doesn't redevelopment their property in

11:27:58 a manner which would require it to be placed in

11:28:01 compliance.

11:28:02 >>CHARLIE MIRANDA: Anything else?

11:28:02 Anyone else in the audience care to speak on this

11:28:05 subject matter?

11:28:06 >> Well, I just wanted to add one thing.

11:28:08 You can leave it in the same location and let it rot.

11:28:11 >>CHARLIE MIRANDA: Lets not get to that point.

11:28:13 Iron doesn't rot too easily.

11:28:15 I rot easily.

11:28:18 All right.

11:28:19 Anyone else care to speak on this subject matter?

11:28:22 I need a motion to close move the review.

11:28:26 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick,

11:28:29 second by Mr. Cohen.

11:28:32 All in favor of the motion, please indicate by saying

11:28:32 aye.

11:28:33 Opposed nay.

11:28:34 The ayes have it unanimously.

11:28:34 What's the pleasure of the Council?

11:28:37 >> Mr. Chairman, we have the option to either support

11:28:42 this or have it reprimanded back to the Variance Review

11:28:50 Board.

11:28:53 >>CHARLIE MIRANDA: Let him finish that statement.

11:28:56 I don't know what he's going to say.

11:28:58 >>FRANK REDDICK: That's why I want to be clear.

11:29:00 If that's the option we have here today.

11:29:02 I will make the motion to approve the recommendation.

11:29:14 >>CHARLIE MIRANDA: I have another Council to suggest to

11:29:16 you, the process on how to do it.

11:29:18 >> What you have before you, you have a review of a

11:29:21 decision of the Variance Review Board.

11:29:23 The Variance Review Board denied the variance.

11:29:26 So, Council has the option of either affirming that

11:29:31 decision, agreeing with the Variance Review Board to

11:29:33 deny this request, or to overturn the decision of the

11:29:39 Variance Review Board and grant the request.

11:29:42 Or if the specific issues that you wish to have the

11:29:45 Variance Review Board take up, to remand that, to send

11:29:49 it back to them with specific instruction.

11:29:51 But right now what you have before you is a request by

11:29:54 this petitioner to overturn the decision, which did not

11:29:57 grant him the relief that he's requesting.

11:30:03 >>CHARLIE MIRANDA: What's the pleasure again,

11:30:04 Mr. Reddick?

11:30:06 >>FRANK REDDICK: My motion was to, to accept the

11:30:12 petitioner request.

11:30:13 >>CHARLIE MIRANDA: To accept the petitioner's request.

11:30:14 Now you have a statement of which, to read into the

11:30:16 record on how to do that; am I correct?

11:30:19 >> Basically what you're then doing, by accepting the

11:30:21 petitioner's request, you are then overturning the

11:30:27 decision of the Variance Review Board.

11:30:29 >>CHARLIE MIRANDA: Have a motion by Mr. Reddick.

11:30:31 Do I have a second?

11:30:35 Motion dies for lack of a second.

11:30:36 I need another motion.

11:30:49 >> May I ask one more question before I make a motion?

11:30:52 Thank you.

11:30:53 >>CHARLIE MIRANDA: Well, we closed the hearing.

11:30:55 Open the hearing again.

11:30:56 >> I wanted to ask that question before.

11:31:04 >> I move to open the hearing.

11:31:07 >>CHARLIE MIRANDA: All in favor of the motion, please

11:31:10 indicate by saying aye.

11:31:11 The ayes have it unanimously.

11:31:12 Ms. Montelione?

11:31:16 >>LISA MONTELIONE: If we vote to overturn the decision

11:31:19 of the Variance Review Board and grant the petitioner's

11:31:23 application for the variance, does this variance run

11:31:26 with the land, so that if this center was ever sold and

11:31:30 redeveloped, that that variance would be maintained so

11:31:34 that the setback would then be two feet instead of 15

11:31:39 and the allowance of the height of the sign be 25 feet

11:31:42 rather than 20?

11:31:44 >> Yes, variances do run with the land.

11:31:47 >> Okay.

11:31:47 I thank you for clarifying that.

11:31:50 >>CHARLIE MIRANDA: Need a motion to close.

11:31:52 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by

11:31:55 Ms. Capin.

11:31:56 All in favor of the motion,

11:31:56 please indicate by saying aye.

11:31:57 The ayes have it unanimously.

11:31:57 We had a motion that died for lack of second.

11:32:02 Any change on that?

11:32:03 Need another motion from Council.

11:32:05 >> I move to make a motion to uphold the Variance

11:32:10 Review Board decision.

11:32:13 >>CHARLIE MIRANDA: Motion by Ms. Montelione, seconded

11:32:17 by?

11:32:18 Wow.

11:32:20 >> Motion to remand to the Variance Review Board.

11:32:23 >>CHARLIE MIRANDA: Wait a minute, wait a minute.

11:32:24 I had a motion die for lack of second.

11:32:28 I had a motion that did not get a second to uphold the

11:32:32 Variance Review Board.

11:32:33 So I got to vote on that motion, unless I don't have a

11:32:36 second, it dies for lack of a second.

11:32:38 Ms. Capin?

11:32:40 >>YVONNE CAPIN: Okay.

11:32:40 I can see the hardship on the right-of-way.

11:32:48 >> We closed the hearing.

11:32:52 >>CHARLIE MIRANDA: You may still speak.

11:32:54 >>YVONNE CAPIN: I'm not asking a question.

11:32:56 I can see the hardship from the right-of-way.

11:33:01 I also know that because of wanting a digital electric

11:33:10 sign, it is causing also a hardship.

11:33:19 Therefore...

11:33:24 >>CHARLIE MIRANDA: Let me see if I can get this

11:33:25 straight.

11:33:26 You got me confused.

11:33:27 I have a motion on the floor to uphold the Variance

11:33:32 Review Board.

11:33:33 Did not get a second.

11:33:34 I had a spokesman that spoke about remanding.

11:33:39 Then I have a Councilmember who says I think there's a

11:33:42 possibility on the first motion -- that's what I'm

11:33:44 assuming.

11:33:44 >> Mr. Chairman, may I amend my motion?

11:33:47 >> Certainly.

11:33:48 >> I'll amend my motion to accommodate the request to

11:33:52 remand back to the Variance Review Board.

11:33:58 >>CHARLIE MIRANDA: I have a motion really made by

11:34:01 Mr. Cohen, he brought it up.

11:34:03 You second that motion for remanding back to the

11:34:06 Variance Review Board.

11:34:07 It's the third time it goes there now.

11:34:10 >> If I can, Mr. Chairman, for members of Council.

11:34:14 When you remand the matter back, pursuant to your code,

11:34:18 you must give direction on how the board failed to

11:34:20 comply with the standards of the code.

11:34:23 With specific direction.

11:34:26 What you have before you again, you have the criteria

11:34:28 of what constitutes the variance.

11:34:32 The application of variance power and the hardship

11:34:35 criteria.

11:34:36 And again, based on what you heard from the petitioner,

11:34:39 you need to apply that criteria to the facts to that

11:34:43 criteria.

11:34:44 >>CHARLIE MIRANDA: Ms. Capin I believe stated why.

11:34:46 Anyway, Mr. Suarez?

11:34:48 >>MIKE SUAREZ: I was going to ask to amend the motion

11:34:53 on the remand, that they look -- because I think that

11:34:57 the issue is specifically towards the digital sign.

11:35:00 More than anything else.

11:35:01 That we look at what the hardship would be for adding a

11:35:06 digital sign in relation to the rest of the code, as

11:35:09 opposed to some of the other issues that are brought

11:35:13 up.

11:35:13 So, that would be my suggestion.

11:35:18 >>CHARLIE MIRANDA: So let me get this straight.

11:35:19 We have a motion by Mr. Cohen, I have a second by

11:35:22 Ms. Montelione.

11:35:23 I have a friendly amendment by Mr. Suarez to the remand

11:35:27 saying that it's the digital portion of the sign that

11:35:31 should be included in the motion by Mr. Cohen, seconded

11:35:34 by Mrs. Montelione.

11:35:35 Am I correct so far?

11:35:37 >> I think we are all on the same page.

11:35:39 >>CHARLIE MIRANDA: Now you got to tell me specifically

11:35:41 just the sign, the digital sign is what you want back,

11:35:45 nothing regarding setbacks or anything else?

11:35:49 >>MIKE SUAREZ: I think we all understand what the issue

11:35:51 is, it is not the setbacks.

11:35:53 It's not the nonconformity.

11:35:55 It is not all the other issues.

11:35:57 The issue is on the digital sign portion.

11:36:01 >>CHARLIE MIRANDA: I have a motion, a second, an

11:36:03 amendment to that motion.

11:36:04 Do you accept the amendment?

11:36:06 >> Yes.

11:36:07 >>CHARLIE MIRANDA: Motion has been accepted.

11:36:08 Yes?

11:36:09 >> The concern that I have, Mr. Chairman, members of

11:36:12 Council, with regard to the electronic sign, I'm going

11:36:16 to try to make this as clear as possible without --

11:36:21 >>CHARLIE MIRANDA: I'm leaving in two minutes.

11:36:22 >> This is important to state.

11:36:24 The context here is not whether or not there's an

11:36:26 electronic sign changeout.

11:36:28 The context, and that is not real vent to the

11:36:31 discussion of whether or not to allow an electronic

11:36:34 sign.

11:36:35 That is very difficult position to put a Variance

11:36:37 Review Board in because that's not necessarily the

11:36:40 criteria.

11:36:40 What is the context here is whether it meets hardship

11:36:45 to make it a legal conforming sign.

11:36:48 The effect of that might be a variable electronic sign.

11:36:52 But other than that, if not, it will be a local

11:36:55 nonconforming sign.

11:36:57 That is the basis for the decision and only what the

11:37:00 Variance Review Board can look at.

11:37:03 >>CHARLIE MIRANDA: Mr. Suarez, then Mrs. Montelione.

11:37:07 >>MIKE SUAREZ: Part of the process is there's a legal

11:37:09 morass that's brought to us and you're giving us two

11:37:12 choices that none of us like.

11:37:14 Okay?

11:37:14 So, what we're trying to do is find a way that we can

11:37:19 both look at the issues related specifically to the

11:37:22 petitioner's request and fit it into whatever we

11:37:27 already have as part of our responsibility.

11:37:31 Now, whether or not that goes back and remand and goes

11:37:34 back to VRB, the VRB cannot make that decision anyway

11:37:38 and I that I that's what you're saying.

11:37:40 Then we need to -- I don't know if we need to move this

11:37:44 and schedule this for a different time, remove from

11:37:47 VRB.

11:37:48 I don't know if the answer would be on that.

11:37:52 >>CHARLIE MIRANDA: This hearing has been open and

11:37:53 closed twice.

11:37:54 If I go to that podium, I'm going to open it for the

11:37:57 third time.

11:37:58 >> I was hoping to make a suggestion, Mr. Chair, as far

11:38:01 as, to maybe help navigate --

11:38:05 >>CHARLIE MIRANDA: Continue the hearing.

11:38:06 >> Is to continue it with the idea of trying to perhaps

11:38:10 bifurcate some of these issues.

11:38:13 >>CHARLIE MIRANDA: Use small words so the public can

11:38:15 understand.

11:38:15 >> Separate some, the requests.

11:38:18 >>CHARLIE MIRANDA: That's Pa better.

11:38:20 >> Want to talk to the petitioner about whether he's

11:38:23 willing to have each of these requests maybe treated

11:38:26 separately by this Council.

11:38:27 And I would ask for 30 day continuance.

11:38:30 >> We concur with 30 days.

11:38:33 >>CHARLIE MIRANDA: Most logical thing I've heard in two

11:38:34 hours.

11:38:35 I need a motion to continue.

11:38:37 >> I move to continue the venue.

11:38:40 >>CHARLIE MIRANDA: I have a motion to continue for 30

11:38:45 days.

11:38:50 >> The middle of June sometime.

11:38:51 Not the second.

11:38:56 >>CHARLIE MIRANDA: It will be sometime about the

11:38:58 16th of June or something like that.

11:39:04 >> Motion to continue to the 23rd of June at 10:00 a.m.

11:39:11 >>CHARLIE MIRANDA: 10:30.

11:39:13 I have a motion by Ms. Montelione, second by Mr. Cohen

11:39:17 to continue to June 23rd at 10:30.

11:39:21 All in favor of the motion,

11:39:22 Please indicate by saying aye.

11:39:22 The ayes have it unanimously.

11:39:25 Anything else?

11:39:26 >> Thank you Council.

11:39:27 >>CHARLIE MIRANDA: If anyone else in the audience care

11:39:29 to speak on any subject matter?

11:39:31 Don't stand up all at once.

11:39:32 Any new or newer business?

11:39:36 >> No newer business, sir.

11:39:38 >>CHARLIE MIRANDA: Anything else to come before this

11:39:40 Council in I Snead to receive and file all the

11:39:42 documents at today's hearing.

11:39:44 Have a motion made by Mr. Reddick, second by

11:39:49 Mrs. Capin.

11:39:51 All in favor of the motion,

11:39:52 Please indicate by saying aye.

11:39:52 Opposed nay.

11:39:54 Stand adjourned.




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