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TAMPA CITY COUNCIL

Thursday, September 1, 2011
9:00 a.m. Session

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>>MARY MULHERN: Good morning.

09:06:28 Welcome to Tampa City Council.

09:06:30 Chair yield to Councilman Reddick who will introduce our

09:06:37 invocation and pledge of allegiance.

09:06:39 >> It's a pleasure to have before us today a person that

09:06:42 needs no introductions, but I am going to introduce him

09:06:45 anyway, a mentor of mine and a pleasure to have the reverend

09:06:51 Dr. Banks, who is pastor of St. Johns Missionary Baptist

09:06:58 Church.

09:06:59 Welcome.

09:07:00 >> Gracious God, our Father, we come into your presence with

09:07:12 Thanksgiving and hearts to thank you for all the blessings

09:07:14 that we all enjoy.

09:07:16 We thank you for the privilege and relationship and




09:07:18 fellowship with our family and friends and colleagues.

09:07:21 We thank you for the opportunity to live in the greatest

09:07:23 country in this world.

09:07:24 We thank you for those men and women who sacrifice their

09:07:28 lives to fight on foreign soils so we can continue to enjoy

09:07:34 the freedom that we enjoy here in the United States of

09:07:36 America.

09:07:37 We thank you for the law enforcement officials that

09:07:40 sacrifice their lives for our security and our safety.

09:07:44 We thank you for public officials, elected officials who

09:07:49 work hard to make our community the great community that it

09:07:51 is.

09:07:52 We ask now your blessing upon this meeting, that it will be

09:07:55 a fruitful and productive meeting, and the issues that will

09:07:59 come before this council will be deliberated with the divine

09:08:04 wisdom that you would endure upon them to be make the

09:08:08 decisions that will be beneficial to making our city a

09:08:11 better place to live.

09:08:12 We ask it all in your name.

09:08:14 Amen.

09:08:14 [ Pledge of Allegiance ]

09:08:42 >>MARY MULHERN: Roll call, please.

09:08:43 >>FRANK REDDICK: Here.

09:08:46 >>MARY MULHERN: Here.

09:08:48 >>LISA MONTELIONE: Here.




09:08:56 >>MIKE SUAREZ: Here.

09:08:57 >>MARY MULHERN: Can I have a motion to adopt the minutes?

09:09:10 >> So moved.

09:09:11 >> Second.

09:09:11 >>MARY MULHERN: All in favor?

09:09:15 And we'll have our ceremonial activities, presentation,

09:09:23 commendation.

09:09:25 From Councilwoman Montelione.

09:09:41 Good morning, everyone.

09:09:42 Today we are here to recognize some very special

09:09:45 individuals.

09:09:54 I learned of their actions on that Tuesday and was lucky

09:09:59 enough to have been headed already to the district two

09:10:02 offices of the Tampa Police Department where I was briefed

09:10:06 by major Newman.

09:10:08 I just want to say that although many agencies in many

09:10:14 cities don't have the coordinated effort that we are lucky

09:10:18 to have here, it is the teamwork of these individuals that

09:10:23 I'm so very proud of and we as a city can be so very proud

09:10:27 of today.

09:10:27 So I would like to recognize several individuals.

09:10:35 If you can all step forward when I call your names.

09:10:37 Sergeant John Pryor, district 2, Tampa Police Department.

09:10:41 Sergeant Peter Grubbe, district 2.

09:10:46 Sergeant Pugh, district 2.




09:10:48 Tampa police detective Michael Victor, criminal intelligence

09:10:51 bureau, lead investigator.

09:10:55 Tampa FBI special agent Steve Miller.

09:10:57 Tampa police bomb squad members John Mesmier and Jim Cooper.

09:11:03 School chief, security chief, SFO, chief Frieshberg.

09:11:12 Freedom High School principal Chris Farkas.

09:11:19 Thank you all for doing what you do and being so

09:11:22 instrumental in keeping our children safe.

09:11:24 And I would like to read the commendation that we prepared.

09:11:29 The Tampa City Council recognizes your heroic efforts and

09:11:33 teamwork ensuring the safety of students, parents and

09:11:36 faculty at Freedom High School.

09:11:38 Your extraordinary work helped save countless lives.

09:11:42 We are deeply indebted to you and your selfless efforts and

09:11:47 service to the great City of Tampa.

09:11:51 If you would step forward, please.

09:11:54 I would like to present this plaque to Tampa Police

09:11:58 Department Major Newman.

09:12:03 And Principal Farkas.

09:12:07 Principal Farkas said this is a day that he will remember

09:12:09 the rest of his life, and it's a challenge for any principal

09:12:13 to open a high school at the beginning of the school year,

09:12:17 and you met that challenge, exceeded that challenge, and

09:12:20 represented the school system and the City of Tampa in a

09:12:23 most fabulous way.




09:12:25 I would also like to present you with a certificate from

09:12:29 Stonewood Grill.

09:12:34 And for Dave Friedberg, chief, I would like to present it

09:12:43 this to you from Stonewood Grill as well with our

09:12:47 compliments and our thanks.

09:12:48 I believe Mr. Michelini would also have a presentation to

09:12:53 make.

09:12:55 Mr. Michelini, would you step forward, please?

09:12:57 >>STEVE MICHELINI: Good morning.

09:13:02 City Council, we have a great opportunity to recognize some

09:13:05 individuals who in the ordinary course of their duties have

09:13:11 done extraordinary things.

09:13:12 For grateful recognition of your dedication, to matters and

09:13:15 issues protecting families, students and citizens of Tampa,

09:13:21 as is evident in every watchful high to maintain security

09:13:25 and safety is important and required.

09:13:28 It is ordinary citizens who in their daily duties, and we

09:13:32 ask in the name of the Lord, to keep our public servants

09:13:36 safe, our law enforcement officers, firefighters, teachers,

09:13:40 servicemen and women, whether they serve at home or

09:13:43 overseas, hold them in your loving hands and protect them as

09:13:46 they protect us.

09:13:48 Give them your power and your spirit for guidance and your

09:13:51 shield to protect them.

09:13:52 Keep them who are currently serving us in your thoughts and




09:13:55 prayers for they have many reasons that they have provided

09:13:58 for us the freedoms which we enjoy.

09:14:01 We ask that God shield and protect them, the spirit to lead

09:14:04 them, and God's strength to fortify them.

09:14:07 On behalf of the impact properties, we are providing you

09:14:12 with a dinner for each of you and a guest at the restaurant

09:14:17 at the Westin Courtney Campbell causeway.

09:14:20 And if you are kind enough to invite the chief and major

09:14:23 Newman, they can go as well.

09:14:26 So we are very proud of you.

09:14:28 And we thank you for what you do for us.

09:14:30 >> Thank you, Mr. Michelini.

09:14:35 There are a couple of other special guests that I would like

09:14:37 to recognize under whose leadership this kind of teamwork

09:14:41 happens, and we are very proud to have Chief Jane Castor

09:14:45 with us this morning as well, and from the FBI Kevin Eaton

09:14:51 and Steve Iveson.

09:14:54 Gentlemen, thank you for your leadership. I can't say

09:14:57 enough about the leadership of the City of Tampa and the

09:14:59 police department.

09:15:01 And I'm trying to find a way to cancel that drop program

09:15:07 that you participated in.

09:15:09 So with that, gentlemen, thank you very, very much for your

09:15:12 service.

09:15:13 We appreciate everything you do.




09:15:16 [ Applause ]

09:15:17 >>MARY MULHERN: Thank you so much.

09:15:28 I can't tell you, as a parent, and as a councilperson, how

09:15:37 grateful I am for the work that you did.

09:15:40 It's just amazing that you were able to find out about this

09:15:47 and deal with it, all before school started.

09:15:52 It made me feel incredibly safe and very, very proud of our

09:15:56 police department and our schools.

09:15:58 Thank you so much.

09:17:00 We'll have another presentation from Councilman Suarez.

09:17:03 >>MIKE SUAREZ: Thank you, Madam Chair.

09:17:11 It's not every day we get to hear about public employees

09:17:14 that are doing good jobs.

09:17:18 We just saw an example of that, people doing a good job, and

09:17:22 had we not found out about that particular plot we would not

09:17:24 be -- we would have been in a much more difficult situation,

09:17:31 and we thank the folks who were just here.

09:17:33 But there's a lot of folks that work for the city that are

09:17:35 always doing their job.

09:17:36 I want to bring up Brad Baird from the water department, two

09:17:43 of the employees from the water department.

09:17:45 These are employees through the department themselves that

09:17:49 actually create, innovate and change something in order to

09:17:51 make things better.

09:17:53 Let's bring up -- where is Eddie Matysik and Daryl Davis.




09:18:02 They created what they call the sludge-ulator that makes a

09:18:11 more efficient way of cleaning the 2.2 million gallons of

09:18:16 settling basins that we have at the treatment plant.

09:18:19 And I just want to recognize them with a commendation from

09:18:22 our council, and with great thanks from our city.

09:18:29 Eddie, congratulations.

09:18:37 Daryl.

09:18:38 We appreciate that.

09:18:39 If you would like to say a little about what this does to

09:18:42 help the City of Tampa.

09:18:44 >>BRAD BAIRD: It's not often that public works employees or

09:18:46 utility employees get recognized.

09:18:49 They are behind the scenes.

09:18:50 As long as you turn on that faucet and the water comes out,

09:18:53 everything is good and everyone is happy.

09:18:55 But these are two examples of fine employees of the water

09:19:00 department, that 24 hours a day, 365 days a year, do things

09:19:08 to bring you clean water, safe water.

09:19:12 This, in particular, was a piece of equipment that's

09:19:14 normally used as a loader, and they modified the front of it

09:19:20 so that it can move sludge to one end of the tank and ease

09:19:26 the ability to get it out of that tank.

09:19:28 It makes it a little more safe for our employees, and at the

09:19:32 same time it saves money for removing that sludge as tanks

09:19:37 have to be cleaned on a regular basis.




09:19:39 But, also, I want to say that there's a competition

09:19:43 nationally called gimmicks and gadgets of the American water

09:19:47 works association, and these two gentlemen got third place

09:19:51 nationally for the sludgeULATOR, and we thank them for what

09:20:00 they do every day.

09:20:01 It's a blessing to have employees like Eddie and Daryl.

09:20:04 >>MARY MULHERN: Thank you.

09:20:08 It sound like a sludge Zamboni.

09:20:11 And I hope they can patent it.

09:20:15 Although we might lose them.

09:20:18 If they are entrepreneurs they are going to leave.

09:20:22 Thank you so much.

09:20:30 We move on to approval of the agenda.

09:20:32 >> Move approval.

09:20:34 >> Second.

09:20:35 >>MARY MULHERN: I think we'll go over any changes first.

09:20:42 Sorry.

09:20:43 A little anxious.

09:20:46 Does the clerk or Mr. Shelby want to walk us through?

09:20:53 >>SHIRLEY FOXX-KNOWLES: This morning, we have two items

09:21:01 that's requesting a continuance.

09:21:02 We have a memorandum upon David pond, director of contract

09:21:07 administration, requesting a continuance to September 22nd,

09:21:12 2011, for items number 37 and 38.

09:21:16 They both relate to the Tampa riverwalk segment 11.




09:21:21 These are resolutions.

09:21:23 I have no other requests.

09:21:27 And request that you approve the agenda.

09:21:29 >>MARY MULHERN: Thank you.

09:21:32 Now if we could have a motion to approve the agenda

09:21:38 including those two continuances to September 22nd.

09:21:44 >> So moved.

09:21:48 >> Second.

09:21:50 >>CHAIRMAN: All in never?

09:21:53 Aye.

09:21:57 We will move to public comments.

09:22:02 You have 30 minutes for any matters on the agenda to be

09:22:09 spoken to first, if we could have anyone who wishes to speak

09:22:13 on a matter on the agenda to speak first.

09:22:16 Thank you.

09:22:16 >> I haven't had a chance to go through the agenda.

09:22:25 There might be some things tangential ton this to this.

09:22:34 I read in the paper something being done in St. Petersburg,

09:22:36 and that's to have a yellow arrow on the traffic lights.

09:22:39 And I was surprised that cities and counties can do that.

09:22:43 I thought that was a prerogative to the state.

09:22:46 But in any case, that is what is necessary, slightly

09:22:52 differently, it's necessary, so it should be done in Tampa,

09:22:57 except the slightly different, it should be a flashing

09:23:02 yellow arrow.




09:23:03 The argument given was that it remind people to yield to

09:23:06 other traffic.

09:23:07 More important is that people go slowly.

09:23:11 You are 100 feet away and all of a sudden a car comes

09:23:14 whipping around the corner already going 25, 30 miles per

09:23:17 hour.

09:23:17 You are not clairvoyant.

09:23:19 You don't know that's going to happen.

09:23:21 And that is pretty much what admiral Collins succumbed to.

09:23:27 A girl wrote a letter to the paper, USF, and she had been

09:23:30 targeted by one of the cameras at the intersections, and she

09:23:35 didn't know why.

09:23:37 Well, it's pretty clear that she was making a right turn on

09:23:41 red without stopping, so I'm glad to see that those cameras

09:23:46 can be used to monitor turns, because that's something very

09:23:49 important.

09:23:52 I came last week about this problem at Nebraska and

09:23:58 Linebaugh, the flooding of the recharge basins, and the

09:24:03 reason for that, I'm about 90% certain, is that the

09:24:08 percolation is clogged, dry algae, result of this excess of

09:24:17 fertilizer in the runoff.

09:24:19 Now, I think that should be done properly, that there should

09:24:27 be an exemption.

09:24:28 Slow release fertilizers, that something should be done.

09:24:32 That's where this group of people came in, because something




09:24:35 has got to be done at Linebaugh and Nebraska because you are

09:24:38 going to clog Nebraska which is an evacuation route in a

09:24:42 hurricane, and already you close Linebaugh about every

09:24:46 couple or three weeks.

09:24:47 Now, I'm going to pass this around.

09:24:49 This is about William Donald Schaefer.

09:24:52 This man was really hard to deal with.

09:24:54 His nickname was Kaiser Bill but did he a lot of good for

09:24:58 Maryland.

09:24:59 And one of the reasons that he did a lot of good, you would

09:25:02 see him out walking around on the street, out in the

09:25:05 community.

09:25:05 So this business of our elected officials who fight tooth

09:25:09 and nail to get elected and then sit in their offices,

09:25:14 isolate themselves from the community, has got to stop,

09:25:17 because this is the reason a lot of problems unfold.

09:25:22 Eldridge cleaver said very well, he said, if you are not

09:25:26 part of the solution you are part of the problem.

09:25:28 (Bell sounds).

09:25:31 >>MARY MULHERN: Thank you.

09:25:48 >> Pete Johnson, Margo drive.

09:25:52 As you know, I am the self-pronounced code enforcement czar.

09:25:57 I studied code enforcement until it comes out of my ears

09:26:00 because I know there's got to be a better way.

09:26:02 I sent you all an e-mail early this morning about 3:00, when




09:26:07 I do my research, and I have found that we have a major

09:26:12 problem and repeat violations.

09:26:16 I mean, it is extremely costly, it's time consume, and we

09:26:22 need to come up with a solution.

09:26:25 The Florida State statute does allow history to be brought

09:26:29 into evidence for a hearing.

09:26:33 We need to use that statute.

09:26:37 The legal department has limited only to properties that

09:26:40 have been served notice, but these properties continuously,

09:26:45 continuously abuse the system, they abuse our neighbors, our

09:26:52 poor that have to pay outrage rent to live in unscrupulous

09:26:58 living conditions, overcrowded, no air conditioning, no

09:27:02 windows, it's ridiculous.

09:27:06 It's like a third world country.

09:27:09 You have a list of one particular name on there, and he owns

09:27:13 an enormous amount of property in Tampa, and he has caused

09:27:19 code enforcement and enormous amount of problems, but he

09:27:22 always seems to comply the day of the hearing, or the day

09:27:29 before the hearing.

09:27:29 This is the problem.

09:27:32 I hope you read it.

09:27:33 I hope you take it into consideration.

09:27:35 And I would hope that we could maybe even come up with a

09:27:40 resolution or an ordinance requiring all history as per the

09:27:46 state statute regardless if it was corrected or not to be




09:27:53 present and viewed at any hearing so that the hearing

09:27:56 master, the Code Enforcement Board, has a complete file to

09:28:01 make their judgment on.

09:28:04 And it's getting ridiculous.

09:28:05 And that is only -- I think I gave you maybe five examples

09:28:09 that I have researched.

09:28:11 There are thousands and thousands and thousands of these

09:28:15 continuing.

09:28:15 Also, I would like to talk to you about public nuisance

09:28:19 abatement.

09:28:21 We have been waiting for the legal staff of TPD to come up

09:28:25 with a public -- to approve and use public nuisance

09:28:30 abatement as well as the prostitution exclusion zones.

09:28:37 Every single time we ask, they tell us 30 days, 30 days, 30

09:28:42 days.

09:28:43 This has been going on for six, seven months if not longer.

09:28:48 I can remember Jason Degagney starting on it a year ago.

09:28:56 (Bell sounds)

09:28:57 Please, get with TPD, let's get this taken care of and

09:29:01 improve the neighborhood.

09:29:01 Thank you.

09:29:02 >>MARY MULHERN: Anyone else?

09:29:08 We'll move on to our regular agenda.

09:29:14 Are there any requests by the public for reconsideration of

09:29:18 legislative matters at this time?




09:29:25 Public Safety Committee.

09:29:27 >>FRANK REDDICK: Move item 3 and 4.

09:29:30 >> Second.

09:29:32 >>MARY MULHERN: All in favor?

09:29:35 Parks and recreation committee, Councilwoman Montelione.

09:29:38 >>LISA MONTELIONE: I move items 5 through 7.

09:29:43 >> Second.

09:29:44 >>MARY MULHERN: All in favor?

09:29:49 Public Works Committee, Councilman Suarez.

09:29:51 >>MIKE SUAREZ: Move items 8 through 10.

09:29:55 >>FRANK REDDICK: Second.

09:29:56 >>MARY MULHERN: All in favor?

09:29:58 Aye.

09:30:00 And Finance Committee, Councilman Cohen.

09:30:03 >>HARRY COHEN: Move items 11 and 12.

09:30:07 >>FRANK REDDICK: Second.

09:30:09 >>MARY MULHERN: All in favor?

09:30:11 Aye.

09:30:12 Building, zoning and preservation, Councilwoman Montelione.

09:30:16 >>LISA MONTELIONE: I move items 13 through 36, Madam Chair.

09:30:20 >> Second.

09:30:23 >>MARY MULHERN: I understood that item 34 --

09:30:30 >>MARTIN SHELBY: Actually, that's not necessary.

09:30:34 Councilman Capin is absent.

09:30:36 >>MARY MULHERN: Okay, thank you.




09:30:38 All in favor?

09:30:39 Aye.

09:30:44 Transportation committee, Councilman Reddick is vice chair.

09:30:47 If you could read this.

09:30:48 >> Move to continue item 37 and 38 until September 27th.

09:30:57 >>THE CLERK: That's done in the approval of the agenda.

09:30:59 >>MARY MULHERN: We have already done it.

09:31:01 And we will move on to our 9:30 public hearings.

09:31:05 >>MARTIN SHELBY: I'm sorry to interrupt but I'm looking at

09:31:15 the clock on the tape and it says 9:28.

09:31:18 >> I always go by what the church says.

09:31:28 >> They may have to adjust their clock, CTTV.

09:31:31 I want to be clear.

09:31:32 I'm looking at the clock that used to be on the live feed

09:31:36 that just came off the screen that would have been up there.

09:31:40 [ Laughter ]

09:31:41 But I guess they are going to adjust it, bring it back.

09:31:44 But if it's the consensus that it's 9:30, I suggest we move

09:31:50 forward.

09:31:51 >>MARY MULHERN: It's now 9:32 on my clock.

09:31:55 We can wait a minute.

09:31:57 >>MARTIN SHELBY: Let's go ahead, please.

09:32:03 >>MARY MULHERN: Can we have at 9:30 a.m. motion to open?

09:32:07 >> I move that it is 9:30.

09:32:10 [ Laughter ]




09:32:11 Move to open the 9:30.

09:32:14 >> Second.

09:32:15 >>MARY MULHERN: All in favor?

09:32:17 Aye.

09:32:17 Item number 39.

09:32:22 Does anyone from the public wish to speak on item number 39?

09:32:29 >>THOM SNELLING: Growth management.

09:32:31 Just to let you know that staff has done due diligence on

09:32:34 the overlay revisions before you today.

09:32:37 They do execute some of the streamlining provisions, as well

09:32:42 as working towards, that executes items in the comprehensive

09:32:45 plan.

09:32:46 The new comprehensive plan talks about urban villages.

09:32:50 Just to let you know we have looked at.

09:32:51 This we have taken some serious revisions.

09:32:54 We have worked with the applicant and the partnership to try

09:32:57 to get this to a position that we feel very strongly in

09:33:00 favor of.

09:33:00 So just to let you know that.

09:33:02 We are ready to go with it.

09:33:04 >>MARY MULHERN: Thank you.

09:33:09 Councilman Suarez?

09:33:16 Oh, does anyone else wish to speak on this?

09:33:29 >>MARGARET VIZZI: 213 South Sherill street here representing

09:33:32 Westshore residential neighborhood improvement committee,




09:33:36 which is made up of neighborhoods that surround Westshore

09:33:40 development.

09:33:41 And, of course, Swann estates, Westshore Palms, north Bon

09:33:51 Air, and Beach Park.

09:33:53 And at the first hearing, which I wasn't here to attend

09:33:58 because I was on the way to New Orleans where I heard

09:34:02 immediately about the issue at freedom, and I didn't even

09:34:05 know what they were talking about because I left so early in

09:34:08 the morning.

09:34:09 But, anyway, at that hearing, it was understood by that

09:34:13 committee, who had met, and we sent you a letter supporting

09:34:18 this overlay, that we did support it.

09:34:23 However, at that point, as far as we knew at that committee,

09:34:27 there was going to be some kind of complimentary notice,

09:34:33 awareness notice, something, that was actually in the

09:34:36 ordinance as the last thing we saw.

09:34:43 Whether the Westshore Alliance knew differently I don't

09:34:46 know.

09:34:46 They are just saying they found out the night of the hearing

09:34:48 that that had been withdrawn.

09:34:50 That was a major part of our support of the overlay.

09:34:55 We tried to get as many things in there that we could think

09:34:58 of and they agreed to put them in for protection of the

09:35:09 neighborhood.

09:35:10 However, knowing this was going to happen, the continuation




09:35:12 of the good relationship that all of us have had with

09:35:15 Westshore development, that now, according to legal, you

09:35:19 can't do that.

09:35:22 We met with Julia Cole, Westshore Alliance and I, met with

09:35:29 Julia.

09:35:29 She said that even a board announcing when development was

09:35:33 come about, so if the neighbors wanted to know what's going

09:35:36 on, we could at least call the city and see what permits.

09:35:40 Can't do that.

09:35:41 Came up yesterday with the idea of maybe just posting an

09:35:46 address, so if we have an address we call the city to nobody

09:35:50 what is going on.

09:35:51 And let me say, I don't think it's only neighborhoods who

09:35:55 want to know that, I think Westshore Alliance wants to know

09:35:57 that.

09:35:58 I truly do.

09:35:59 (Bell sounds)

09:36:00 Because they want to know what kind of development is going

09:36:02 on on properties.

09:36:03 Why do we want to know that?

09:36:05 We want to know that because we understand that there are

09:36:09 many things within the neighborhood that are concerns that

09:36:13 the city won't even know about.

09:36:16 The staff.

09:36:17 So it's always important for us to bring these forward




09:36:20 during a PD.

09:36:21 But many of the things that are now covered in the overlay

09:36:26 will come about and there will be --

09:36:30 (Bell sounds)

09:36:30 It's all very unfortunate that this all happened at the last

09:36:32 minute.

09:36:33 So as of right now, I know that Beach Park has a great

09:36:36 concern, if there is no kind of awareness of what might be

09:36:40 happening near us.

09:36:41 So, council, I would ask you at least to encourage legal to

09:36:46 put an address on a property, so even if during

09:36:51 construction, an emergency vehicle has to get there, they

09:36:54 would know where to go.

09:36:55 Right now, there's no notification whatsoever.

09:36:59 Thank you.

09:36:59 >>MIKE SUAREZ: I think with legal come up so quickly she

09:37:10 already knows what my question is. Ms. Vizzi, I don't know

09:37:13 what you are talking about, to be honest with you.

09:37:15 What specifically are you saying?

09:37:18 >>MARGARET VIZZI: Well, for example, during the development

09:37:19 of Westshore, over all these many years, and I have been

09:37:22 involved since Westshore plaza was built, way back when --

09:37:27 >>MIKE SUAREZ: Let's get to -- what is it specifically?

09:37:31 >>MARGARET VIZZI: Because now many of the things that are in

09:37:32 the overlay are parts of PDs, so the neighborhood -- it




09:37:40 was rezoning so we were able to come down and able to work

09:37:43 with the developers to make them aware of the concerns that

09:37:46 we had.

09:37:46 And I will say that they have all worked with us.

09:37:49 That's why we still have livable communities in Westshore,

09:37:54 which downtown lost, because there was none of this when

09:37:57 downtown was developed.

09:37:58 So the neighborhoods have been always been able to know what

09:38:02 was going on.

09:38:06 If it was a one-story, they usually had the zoning.

09:38:10 They just pulled permits.

09:38:12 But the big developments, which happen all the time in

09:38:15 Westshore, now all of these neighborhoods will not even

09:38:18 know --

09:38:20 >>MIKE SUAREZ: Let me interrupt you for a second.

09:38:22 You are saying if we approve the overlay district you are

09:38:24 not going to be able to know whenever a development goes

09:38:27 through?

09:38:28 >>MARGARET VIZZI: That's right.

09:38:29 >>MIKE SUAREZ: Let me stop you there.

09:38:31 Let me get legal up here.

09:38:32 Thank you.

09:38:33 If you don't mind.

09:38:34 >>JULIA COLE: Legal department.

09:38:40 I'm happy to respond to any of the comments Ms. Vizzi made.




09:38:45 I don't know if you want to hear from Mr. Rotella first.

09:38:50 >> Yes, so we know what's going on.

09:38:52 >>MARY MULHERN: (off microphone).

09:39:06 >>LISA MONTELIONE: I'll hold my comments as well till after

09:39:09 everyone had a chance to speak.

09:39:10 >>MARY MULHERN: (off microphone)

09:39:22 >>RON ROTELLA: Good morning, council members.

09:39:24 When council asked us to work with and coordinate with the

09:39:29 neighborhoods, on the commercial overlay district, as you

09:39:32 know, we did.

09:39:34 One of the important items for them was not when there was a

09:39:43 rezoning.

09:39:46 When there is a rezoning, then there is a policy that the

09:39:50 nearest neighborhood will notify the rezoning.

09:39:53 Their concern was if there was no rezoning, then they are

09:39:59 apt to find about a project happened when the construction

09:40:03 vehicles show up on the site.

09:40:05 So they asked us to be put in the overlay district a

09:40:12 provision similar to the zoning notice that the nearest

09:40:16 neighborhood would be noticed at the time the development

09:40:21 filed their commercial site plan with the city.

09:40:24 We agreed with that.

09:40:26 We were supportive of that.

09:40:27 And it was in the draft ordinance we gave you on July

09:40:32 11th, and it was in the ordinance draft when I met with




09:40:38 the neighborhood, Westshore neighborhood improvement

09:40:40 committee in July, wasn't it?

09:40:43 I'm sorry, in August.

09:40:50 Julia and I met with Margaret.

09:40:51 The meeting was in my office.

09:40:53 And at this point, I understand why Julia removed it from

09:41:00 the ordinance.

09:41:01 She explained it.

09:41:04 I'm clear about it.

09:41:05 There's not an issue associated with it being in the

09:41:09 ordinance at all.

09:41:14 So Margaret and I both understand that.

09:41:16 I think what Margaret is saying, not to hold up the passage

09:41:22 of the ordinance, since we are sympathetic and supportive of

09:41:26 the neighborhood that we continue to work, not on an

09:41:31 official notification, but some mechanism, some procedure

09:41:36 where there's neighborhood awareness, and we are willing to

09:41:39 do that.

09:41:40 >>MARY MULHERN: Councilwoman Montelione.

09:41:45 >>LISA MONTELIONE: Ms. Cole, do you want to --

09:41:50 >>JULIA COLE: Legal department.

09:41:51 If I could go back and sort of give some context on the

09:41:55 comments you have.

09:41:55 And I have been speaking with Ms. Vizzi and Mr. Rotella

09:41:59 about some of these issues.




09:42:00 When the Westshore overlay ordinance was brought to the

09:42:03 legal department for our review -- and as you know we have

09:42:07 to sign off on all ordinances for legal sufficiency -- there

09:42:11 was a provision in draft ordinance that would have required

09:42:14 a developer seeking any kind of approval, whether it be a

09:42:18 zoning process or through an administrative review, to

09:42:23 provide a copy of the site plan with the notification to the

09:42:26 neighborhood association of that request.

09:42:30 And some of you heard me say this before, and this might be

09:42:35 new to some of you, but I have very consistently over my

09:42:38 five, six, tenure with the city, been clear about what

09:42:43 notice means and when you should provide notice and when you

09:42:48 should not require notice to be provided, because, remember,

09:42:52 you are requesting -- you would be putting in your code an

09:42:55 obligation on a property owner to provide notice of either a

09:43:01 rezoning or potentially an administrative approval.

09:43:05 So a rezoning process or any kind of public hearing process,

09:43:10 not only is it appropriate for us to provide notice, our

09:43:12 code clearly provides what that process is for notice, and

09:43:16 doesn't just include neighborhood associations but includes

09:43:18 adjoining property owners.

09:43:20 For administrative decisions, if you have an administrative

09:43:23 decision that is being made, and it is simply a question of

09:43:27 whether or not code compliance has occurred on the face of

09:43:31 the site plan, by requiring that property owner to then




09:43:35 notice, specifically just notice a neighborhood association,

09:43:40 but to provide notice of that process, you in your code are

09:43:45 suggesting that there's some form of due process which that

09:43:48 neighborhood association or property owner is being granted.

09:43:51 So you have a legal problem where you are saying to a

09:43:54 person, property owner, you have the right to get involved

09:43:58 in that process where an administrator position has to be

09:44:03 something that you either meet code or you don't and it's

09:44:06 often confusing to folks and they start calling up the city

09:44:09 and say, well, I don't want this or I don't like this, and

09:44:11 the city has no opportunity to do anything different.

09:44:14 Now, the issue has come up a few times in the past.

09:44:17 For example, with an issue that came up through the

09:44:20 community garden process where I clearly opined on an

09:44:23 administrative decision, you can't provide notice.

09:44:26 I actually racked through my brain and realized this is also

09:44:33 in West Tampa whereby this is actually under city attorney

09:44:37 David Smith, we had to advise you all that it needed to be

09:44:40 removed because it was creating some issues.

09:44:44 So I am sorry that the information may have not been

09:44:50 disseminated to Ms. Vizzi in a manner that she understood.

09:44:53 I will tell you that I, on review of this ordinance in early

09:44:56 July, July 5th, in fact, drafted my comments, gave them

09:45:03 to Ms. Coyle to disseminate to the applicant, because as you

09:45:06 recall this is actually initiated amendment.




09:45:10 It isn't an amendment that the city processed but privately

09:45:13 initiated.

09:45:14 I am told by her that she forwarded my comments on July

09:45:17 5th to the applicant, and as a result that provision

09:45:20 requiring notice to the neighborhood association, the site

09:45:24 plan, administrative site plan process was being removed.

09:45:29 As I have said to you all, I went and met with Ms. Vizzi and

09:45:35 Mr. Rotella on Monday to explain to them my reasoning, and

09:45:40 they seemed to understand exactly my reasoning.

09:45:43 It is simply something I can never recommend to this council

09:45:47 that you give a form of notice to a property owner, or

09:45:51 neighborhood association, for pure administrative

09:45:54 proceedings.

09:45:55 Now, Ms. Vizzi did make a comment over providing some kind

09:45:59 of additional enhanced requirement for addressing of

09:46:03 parcels, and we can talk about that, not in the context of

09:46:06 one specific overlay, but maybe in the context of your code

09:46:10 as a whole, when do we require folks to have an address on

09:46:14 their property.

09:46:15 And I have actually looked and can provide some information

09:46:18 on that if City Council wants to have that discussion.

09:46:20 I would say to you that that's probably a discussion you

09:46:23 should have not within the context.

09:46:25 Westshore overlay but more as a general code provision, so

09:46:29 you may want to hold off on that and ask some questions




09:46:31 directly with the legal department to come back with a

09:46:34 report or some additional discussion on that.

09:46:36 But I did want to make clear to council what this issue was,

09:46:40 and the very consistent legal position that the city

09:46:45 attorney's office had regarding notice of administrative

09:46:48 decisions.

09:46:48 Thank you.

09:46:55 >>JIM SHIMBERG: City attorney.

09:46:56 Can I say one thing?

09:46:57 I just want to follow with a comment.

09:46:59 I understand exactly what Mr. Rotella and the group are

09:47:03 trying to do.

09:47:04 They want to try to be as inclusive as possible, make sure

09:47:08 the neighborhood is informed, and we understand that.

09:47:10 After understanding the issue from Ms. Cole, it's not

09:47:14 setting a precedent to give legal notice when there's really

09:47:18 nothing the person can do.

09:47:19 So I think it really shouldn't be discussed in the context

09:47:23 of this particular amendment. If we want to look at the

09:47:25 address issue or something like that, we should look at it

09:47:28 city-wide but not in the context of this particular

09:47:31 application.

09:47:31 But I understand what they are both trying to do and we

09:47:34 applaud them for trying to work well together.

09:47:36 It just not something that we would recommend that you




09:47:38 include in this application.

09:47:40 Thank you.

09:47:40 >>LISA MONTELIONE: Thank you, Madam Chair.

09:47:46 Thank you, Julia, for explaining, Ms. Cole, so precisely.

09:47:52 There's a couple of things that I want to say about

09:47:55 neighborhood notification.

09:47:57 Although, you know, it's very important for neighborhoods to

09:48:02 be involved and encourage neighborhood associations and

09:48:06 individuals to be engaged in the neighborhood, to care about

09:48:09 what is happening within their boundaries, but the

09:48:14 neighborhoods work very closely with the Westshore Alliance

09:48:17 in developing this ordinance, and over I'm not sure how long

09:48:22 it was, I think it was years, to really come together on the

09:48:27 tenant of the overlay -- and we discussed the overlay here

09:48:30 and expressed our concerns, and we had some issues that they

09:48:34 were later addressing.

09:48:35 Councilwoman Mulhern brought up issues of sidewalks and

09:48:38 being pedestrian friendly and having it be livable roadway

09:48:44 area as possible.

09:48:45 So with the overlay being in place -- and I might be viewing

09:48:54 this in a different way, but I think there's more protection

09:48:57 built into the area, and for the neighborhood, in having an

09:49:04 overlay district, because projects that are going to be

09:49:07 developed have the requirement of meeting all of the Tenets

09:49:15 of that overlay district.




09:49:17 So the project, say, for instance, in my neighborhood that

09:49:20 does not have an overlay district, construction projects

09:49:22 happen all the time.

09:49:25 People pull permits, and they thereby was done kin donuts

09:49:34 torn down and replaced, and they happen as a matter of

09:49:37 course.

09:49:38 We don't have as a neighborhood the protections that other

09:49:41 neighborhoods have when there is a historic district overlay

09:49:43 or a design criteria that has to be met.

09:49:46 So those neighborhood that have the benefit offing an

09:49:51 overlay or design district in place really have more of a

09:49:54 protection than other parts of the city.

09:49:58 Some of the concerns about not knowing the address, or not

09:50:02 being able to contact anyone about a project, they have a

09:50:07 construction business.

09:50:08 I can tell you, one of the of the first things that goes up

09:50:11 is a sign that announces who the contractor is, what the

09:50:14 development is, and meantimes contains phone numbers of the

09:50:20 contractor.

09:50:22 The idea behind that is to be announce to everyone, you

09:50:26 know, that there's work going on, and contact them, if you

09:50:30 want to build another building, because we had a contractor

09:50:32 that's building this project, and if you like this project,

09:50:35 maybe you want to build something, you know, have them build

09:50:39 something for you.




09:50:41 The emergency vehicles, the response and the dispatch to

09:50:47 either fire or police on a project, I can tell you having

09:50:51 worked on a project, when an accident does occur, or when

09:50:54 you show up on a project, you know, 6:30 in the morning and

09:50:57 you see that there has been criminal activity going on on

09:50:59 the property overnight, you call the police department or

09:51:02 you call the fire department, and you give them the location

09:51:06 of the property two blocks west of the intersection of such

09:51:09 and such.

09:51:10 I have never had fire and police, rescue vehicles, ever not

09:51:14 be able to find a project because, you know, it's pretty

09:51:18 obvious where the construction is going on, on that street.

09:51:22 So although I understand the concerns of wanting to be

09:51:26 involved in the neighborhood and admire the efforts of

09:51:30 neighborhoods and really encourage more people to be

09:51:32 involved in the neighborhood, I think the protections of an

09:51:35 overlay district really afford those neighborhoods a little

09:51:39 more protection than others.

09:51:41 And I think that I have to commend Mr. Rotella because he

09:51:48 has worked very closely with the neighborhoods, and if

09:51:51 anyone ever has a question about a project that's going on

09:51:54 in the Westshore area, all they have to do is pick up the

09:51:57 phone and call the Westshore Alliance, and I'm sure that

09:51:59 they will go above and beyond to find out all the

09:52:02 information they can and disseminate the information to the




09:52:05 neighborhood.

09:52:06 >>MARY MULHERN: I have to say -- I have to have commend Ms.

09:52:18 Vizzi because she's been here protecting neighborhoods and

09:52:24 expressing their concerns and representing them on

09:52:28 individual projects and on changes like this overlay that we

09:52:37 are then asked to adopt privately.

09:52:39 So here is the position we are in, and what I think -- I'm

09:52:47 glad that she was here.

09:52:48 Ms. Vizzi, you weren't able to be here at the first reading,

09:52:52 is that -- okay.

09:52:53 So this is a big change we are being asked to adopt to put

09:52:57 this overlay in place.

09:53:02 And I just want to put it a little bit in context for

09:53:05 council, because over my long history of four years on

09:53:11 council now, I'm the big veteran here, while Charley is

09:53:16 recovering, but what happens sometimes when things are

09:53:21 approved, whether it's administratively or whether they go

09:53:25 through a rezoning or land use change, and the project gets

09:53:30 built, sometimes things don't turn out as the neighborhood

09:53:34 had hoped, or there are unintended consequences that the

09:53:40 developer -- I mean, so we hear about problems that happen,

09:53:44 and that is why we try to, both publicly initiated and from

09:53:51 our land development staff and legal, and from council, try

09:53:54 to make changes in our code.

09:53:56 So we have to take all these concerns seriously, because the




09:54:04 change that's happening here is something that's been

09:54:06 happening over the last few years, for instance, with the

09:54:12 community gardening ordinance, it's kind of a very small

09:54:15 example of it, but a bigger example of where we gave more

09:54:20 administrative authority and power to land development was

09:54:27 our special use permits for alcoholic beverages.

09:54:30 So this is a work in progress when we change the code.

09:54:35 So we can either just, you know -- I want to take this very

09:54:42 seriously, because what Ms. Vizzi is telling us is that they

09:54:48 are going to have less opportunity for input, by law, if we

09:54:56 adopt it.

09:54:57 And what we are being told by legal, which makes sense --

09:55:00 and I'm not going to argue with it -- although I do have one

09:55:04 question for you, and that -- is it -- I understand notice,

09:55:11 and I understand that when you give public notice, there is

09:55:17 the -- is it a legal right if you give notice -- are you

09:55:24 saying the public has opportunity for --

09:55:32 >>JIM SHIMBERG: Normally, would be giving notice about

09:55:34 opportunity to be heard on a project.

09:55:36 The concern here is, if someone is pulling a building permit

09:55:40 as a matter of right and moving forward with the project and

09:55:43 you are giving notice on that, what --

09:55:45 >>MARY MULHERN: But when -- okay, so someone is getting a

09:55:48 permit.

09:55:48 That doesn't have to be posted.




09:55:50 You only have to post if it's a request for a variance or --

09:55:57 >>JIM SHIMBERG: Right. If there's a hearing or something

09:56:00 that has appeal rights or something like that.

09:56:01 But if you are just setting a notice saying such and such is

09:56:05 starting a project on this site, and there's nothing the

09:56:07 public can do about it, that's a concern.

09:56:13 Again, you know, if the property owner wants to do

09:56:15 something, or if the Westshore Alliance wants to notify

09:56:19 people through different mechanisms of what's going on, and

09:56:21 they talked about some of those this morning.

09:56:23 >>MARY MULHERN: Right.

09:56:24 But our place here is to adopt, you know, adopt the overlay

09:56:29 is basically new law.

09:56:35 >>JIM SHIMBERG: The overlay is in place.

09:56:37 These are changes to it.

09:56:37 >>MARY MULHERN: Well, I am going to accept that.

09:56:40 It makes sense.

09:56:41 So I think -- the question here -- and this is the big --

09:56:49 this is important for us, because we are going to continue

09:56:52 to be asked to make some changes, to make things, you know,

09:56:57 this is the mayor's initiative.

09:56:59 We have council that's been supportive of it.

09:57:03 But the buck ends up stopping here when it's about

09:57:08 neighborhoods and what -- how you want your neighborhood to

09:57:12 grow, and we are it.




09:57:14 We are the people that have that contact and answer to be

09:57:19 the neighbors.

09:57:20 So I'm not sure what I will do personally here on this vote,

09:57:29 because -- and I'd like to maybe ask to be hear from Ms.

09:57:35 Vizzi again -- but this is what I want to say.

09:57:39 These changes have been out there for a while.

09:57:43 And I haven't been contacted, I don't think.

09:57:50 I think if we are going to be adopting these changes, we

09:57:55 want to know that the neighborhood people are in favor of

09:58:00 them or not, and what changes we can do.

09:58:03 So if we are being told -- we are being told by the

09:58:07 petitioner, he's worked with the neighborhoods, and that is

09:58:11 all okay, then we are being told -- we were told by Mr.

09:58:15 Snelling that our staff approves of it.

09:58:20 So what -- I want to be able to work with the neighborhoods.

09:58:26 And what happens here often is that the neighborhoods are

09:58:29 talking to the developers, and the neighborhoods are talking

09:58:33 to our staff, and then when it comes to council for

09:58:37 adoption, we are presented with this decision, and, you

09:58:43 know, it's difficult for us to examine all of this at this

09:58:49 point.

09:58:51 So Ms. Vizzi, I would like to hear from you what you would

09:58:54 like to us do, because this is what I think.

09:58:56 We can't do the notice that you would like to do.

09:58:59 We are being told by legal we can't do this.




09:59:01 So if there are problems that you foresee in this, maybe we

09:59:06 need to go back and work on what we are adopting here.

09:59:11 Because if we are going to go -- you know, I agree that we

09:59:15 need -- it's better to have an overlay that has what we need

09:59:18 in it.

09:59:20 And this -- I don't see this as a big rush.

09:59:23 If you would like to continue this, and look at what you are

09:59:30 not comfortable with.

09:59:31 But this is between -- some of us, staff on council, don't

09:59:37 like PDs because we like to have consistency and we like

09:59:40 to have overall planning, and want it to be fair.

09:59:47 So, you know, I think we have to start thinking differently

09:59:49 about how we can design ahead if we are going these.

09:59:55 So let us know if you would like to work further on this,

10:00:02 or -- the notice isn't, I don't think, going to happen.

10:00:08 >>MARGARET VIZZI: 213 south Sherill.

10:00:17 It only has to be in a conspicuous place where the inspector

10:00:21 knows whereby it is.

10:00:22 And if the box is where we can read the address and read

10:00:25 what's going on, but I was told --

10:00:29 >> I was referring to the -- wasn't referring to the permit

10:00:32 box, Ms. Vizzi.

10:00:33 Usually two-foot by four-foot signs that are erected that

10:00:40 say, for instance, if it's the Encore project there's

10:00:44 several signs that are posted on the property, that say




10:00:48 Encore, retail development, residential properties being

10:00:54 constructed, so the board -- maybe look like advertisement.

10:01:01 >>MARGARET VIZZI: Well, that's what we asked for.

10:01:03 They said they couldn't even have them do that.

10:01:06 >>LISA MONTELIONE: No, it's not a requirement.

10:01:08 Generally in the development community goes up because they

10:01:11 want the community to know that they are doing the project.

10:01:15 >>MARGARET VIZZI: Well, I misunderstood then, because I

10:01:19 thought you had referred to the box where all the permits

10:01:22 were.

10:01:22 >>LISA MONTELIONE: I know for our companies we have signs.

10:01:26 Ours aren't big and fancy because we are a little company,

10:01:29 but we have little signs that have our company name,

10:01:33 contractor he's license and telephone number on it.

10:01:35 I hope that on a project we are working on there's a phone

10:01:42 number that somebody can call.

10:01:44 >>MARGARET VIZZI: But that wouldn't be the case with us, and

10:01:46 that's the other thing I brought up, that the neighborhood

10:01:49 has been very concerned about that, because if they did see

10:01:53 any activity going on, they were concerned about what would

10:01:57 happen in the neighborhood.

10:01:57 But there is no -- there is no need for a contact person or

10:02:02 name.

10:02:02 That's the other thing.

10:02:03 We asked just for a board.




10:02:06 Westshore was very supportive of, that would have a contact

10:02:11 name and a phone number.

10:02:13 But they said they couldn't require them to even do that.

10:02:16 So then I came up with the address idea, so at least we

10:02:20 would have an address, if we have to call the police in the

10:02:23 middle of the night to call, or if we saw something with the

10:02:30 city that -- I mean, even with the construction as it went

10:02:33 on, such as going through the neighborhood to get to the

10:02:36 project when they are not supposed to.

10:02:38 We don't even have an address to call the city.

10:02:41 Now, they told me that every department in the city should

10:02:43 be able to tell us what the address, if we give them, you

10:02:47 know, an p location.

10:02:50 But that doesn't always happen in code enforcement when we

10:02:53 call about something.

10:02:55 It's constantly -- but we need an address.

10:02:59 And there's no address.

10:03:00 So that's the only thing at this point.

10:03:02 We understand all the rest.

10:03:04 We are supportive of the overlay because of what has been

10:03:07 said.

10:03:07 But we do feel that at least an address on the property

10:03:12 would help us to get some kind of information what's going

10:03:17 on.

10:03:21 And that's with the neighborhood.




10:03:23 I mean, we did not call another meeting to reconsider our

10:03:28 consideration of supporting this.

10:03:34 But that's the area of support.

10:03:37 So I would ask council.

10:03:39 >>LISA MONTELIONE: I think Mr. Shimberg is going to tell

10:03:42 us.

10:03:42 You already said this is a bigger consideration we have to

10:03:45 look at across the city as a policy? We can look at that --

10:03:52 >>JIM SHIMBERG: City attorney. I would recommend first of

10:03:53 all to take action on this separately.

10:03:53 But if you want to ask legal to take a look at the

10:03:57 provisions in chapter 5 that deal with placement of

10:04:00 permitting plans and numbering buildings we can look back

10:04:06 and see if there are any changes to make that even

10:04:09 properties under construction would be required to have

10:04:12 addresses, we might be able to make some little tweaks in

10:04:15 the provisions that we already have in the code that apply

10:04:17 city-wide, because her issue that she's raising are more

10:04:20 than just Westshore issues.

10:04:21 They are really city-wide.

10:04:23 We think it's covered already.

10:04:24 But we can look at that and see if there's any tweaks that

10:04:28 we would recommend.

10:04:29 But I think it's really separate.

10:04:31 >>MARY MULHERN: Councilman Cohen?




10:04:33 >>HARRY COHEN: I think it sound like we are in the process

10:04:36 of resolving this issue.

10:04:37 I was just going to say for my part that, you know, it

10:04:43 usually is in practical solutions that we can find a meeting

10:04:46 of the minds, and I think that we can go ahead and pass the

10:04:50 overlay, which has been exhaustively considered, and which I

10:04:57 think to a lot of us is a great step forward to the city,

10:05:01 but at the same time, to address Ms. Vizzi's concerns, which

10:05:04 are legitimate and important, and we can address them

10:05:07 outside of the actual passage of this ordinance.

10:05:11 It's very clear, I think, what the legal is saying about the

10:05:15 limitations of what we should do here in terms of creating

10:05:19 an expectation with the giving of formal notice, but it

10:05:24 sound like everyone is committed to working together to find

10:05:27 another way of giving the neighborhood some comfort level

10:05:30 about what's going on.

10:05:32 So that's one of the things, and that's what I was going to

10:05:37 speak to before everyone sort of had their second bite at

10:05:40 the apple.

10:05:46 >>THOM SNELLING: And Councilman Cohen said well, practical

10:05:49 consideration.

10:05:50 Westshore is not New Tampa.

10:05:52 It's not a lot of open wetlands and vacant lands and farm

10:05:55 land that's being subdivided and needing an address.

10:05:59 You know, most of Westshore overlay district has been built




10:06:03 on, rebuilt, rebuilt over many years, and it's all

10:06:07 addressed.

10:06:08 Everything out there is virtually addressed.

10:06:10 We are talking about maybe perhaps 57% of the property out

10:06:13 there that has not had an address or development on it in

10:06:15 the future -- or in the past.

10:06:17 >>HARRY COHEN: I don't think she's referring to the address

10:06:21 of the parcel.

10:06:22 She's referring to an address of someone she can contact if

10:06:25 there's a question.

10:06:29 >>THOM SNELLING: I have to reiterate what Councilwoman

10:06:34 Montelione said.

10:06:35 In the City of Tampa when we are building a project, we have

10:06:40 a sign that says your tax dollars at work, contact David or

10:06:46 Steve Daignault.

10:06:48 You can't even go buy a house being built that doesn't have

10:06:52 Joe Schmoe construction on it.

10:06:54 That information by practical consideration is there

10:06:56 already.

10:06:56 >> And addresses are easily located on the property

10:07:00 appraiser's Web site.

10:07:03 Very simple.

10:07:04 Madam Chair, if I may.

10:07:06 >>MARY MULHERN: (off microphone) Need a motion to close.

10:07:21 >> Motion to close the public hearing.




10:07:23 >> Second.

10:07:25 >> Move an ordinance being presented for second reading and

10:07:30 adoption, an ordinance of the city of Tampa, Florida

10:07:32 relating to the west shore overlay district making revisions

10:07:35 to City of Tampa code of ordinances chapter 27 zoning

10:07:38 amending section 27-463, west shore commercial overlay

10:07:42 district development standards, repealing all ordinances or

10:07:45 parts of ordinances in conflict therewith, providing for

10:07:47 severability, providing an effective date.

10:07:49 >> Second.

10:07:52 >>MARY MULHERN: Motion made by Councilman Montelione,

10:07:58 seconded by Councilman Suarez.

10:08:02 Please vote and record.

10:08:04 >>THE CLERK: Motion carried with Capin and Miranda being

10:08:14 absent.

10:08:15 >>MARY MULHERN: We will move on to our public hearings.

10:08:31 If we could have a motion to open.

10:08:33 >>LISA MONTELIONE: Motion to open public hearings items 40

10:08:36 through 45.

10:08:38 >> Second.

10:08:40 >>MARY MULHERN: All in favor?

10:08:42 Aye.

10:08:44 Item number 40.

10:08:49 Is there anyone who wishes to speak on any of these items?

10:08:53 Please stand and be sworn in at this time.




10:08:56 (Oath administered by Clerk)

10:09:13 >>ABBYE FEELEY: Land Development Coordination.

10:09:15 I just wanted to let you know that items number 40, 42, 43

10:09:19 and 44 required site plan certification for today's

10:09:23 hearings.

10:09:24 They have been certified.

10:09:25 They have been provided to the clerk.

10:09:26 I do have copies of those if you wish.

10:09:29 >>MARY MULHERN: Thank you.

10:09:31 Councilman Cohen.

10:09:39 Is there anyone who wishes tore speak on item 40?

10:09:43 Seeing no one, can we have a motion to close?

10:09:47 >>MIKE SUAREZ: Motion to close.

10:09:48 >>FRANK REDDICK: Second.

10:09:49 >>MARY MULHERN: All in favor?

10:09:51 Aye.

10:09:51 Councilman Reddick?

10:09:54 >>FRANK REDDICK: Move an ordinance being presented for

10:09:58 second reading and adoption, an ordinance approving a

10:10:00 special use permit S-2 approving a place of religious

10:10:04 assembly and daycare in an RS-50 residential single-family

10:10:08 zoning district in the general vicinity of 4323 east Henry

10:10:12 Avenue in the city of Tampa, Florida and as more

10:10:14 particularly described in section 1 hereof providing an

10:10:17 effective date.




10:10:17 >> Second.

10:10:19 >>MARY MULHERN: Motion made by Councilman Reddick, seconded

10:10:34 by Councilman Cohen? Suarez?

10:10:37 Thank you.

10:10:37 All in favor -- please vote and record.

10:10:48 >>THE CLERK: Motion carried with Capin and Miranda being

10:10:52 absent.

10:10:52 >>MARY MULHERN: Item number 41.

10:10:57 Does anyone wish to speak on item number 41?

10:11:01 >>FRANK REDDICK: Move to close.

10:11:06 >>HARRY COHEN: Second.

10:11:07 >>MARY MULHERN: All in favor?

10:11:10 Aye.

10:11:10 Councilman Cohen?

10:11:12 >>HARRY COHEN: I move an ordinance being presented for

10:11:14 second reading and adoption, an ordinance rezoning property

10:11:17 in the general vicinity of 9310 North Florida Avenue, in the

10:11:21 city of Tampa, Florida, and more particularly described in

10:11:23 section 1 from zoning district classification PD, planned

10:11:27 development, restaurant with drive-in window, to CI,

10:11:30 commercial intensive, providing an effective date.

10:11:32 >> Second.

10:11:38 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

10:11:40 by council Councilman Suarez.

10:11:43 Please vote and record.




10:11:43 >>THE CLERK: Motion carried with Capin and Miranda being

10:11:50 absent.

10:11:53 >>MARY MULHERN: Item number 42.

10:11:55 Is there anyone who wishes to speak on item number 42?

10:12:02 Can I have a motion?

10:12:05 >> Motion to close.

10:12:06 >> Second.

10:12:07 >>MARY MULHERN: All in favor?

10:12:09 Aye.

10:12:09 Councilwoman Montelione, could you read item number 42,

10:12:13 please?

10:12:13 >>LISA MONTELIONE: I move an ordinance being presented for

10:12:16 second reading and adoption, an ordinance rezoning property

10:12:19 in the general vicinity of 3922 west Powhatan Avenue in the

10:12:23 city of Tampa, Florida and more particularly described in

10:12:25 section 1 from zoning district classifications RS-50

10:12:29 residential single-family to PD planned development

10:12:31 residential, single-family detached and semi-detached,

10:12:34 providing an effective date.

10:12:34 >> Second.

10:12:37 >>MARY MULHERN: Motion made by Councilwoman Montelione,

10:12:39 seconded by Councilman Suarez.

10:12:41 Please vote and record.

10:12:41 >>THE CLERK: Motion carried with Capin and Miranda being

10:12:50 absent.




10:12:50 >>MARY MULHERN: Item number 43.

10:12:57 Does anyone wish to be speak on item number 43?

10:13:00 >>JULIA COLE: Legal department.

10:13:02 As you may recall, as part of this petition, there was a

10:13:07 request to waive the Kennedy overlay standard as relates to

10:13:11 the undergrounding of TECO utilities within the

10:13:14 right-of-way.

10:13:16 At that hearing, there was testimony given by the applicant

10:13:19 that in their conversations with TECO, TECO would require an

10:13:24 p 20-foot easement on private property in order to allow

10:13:27 that undergrounding.

10:13:28 I actually had the opportunity to go out to the site and

10:13:31 meet with the TECO representative and that is what their

10:13:35 requirement would be.

10:13:36 The way that is left, a note on the site plan stating the

10:13:41 waiver would be granted to the extent that if TECO was going

10:13:43 to require undergrounding on private property, then the

10:13:46 waiver would be granted, and the property owner would not

10:13:49 have to underground the facilities.

10:13:51 Given my conversations with TECO, I just wanted to represent

10:13:55 the council that that would the case, and the waiver that is

10:13:58 currently on the site plan in this configuration would be

10:14:01 able to stand and it would be appropriate for them to move

10:14:03 forward today.

10:14:04 I'm available for any questions.




10:14:05 >>MARY MULHERN: Thank you.

10:14:13 >>LISA MONTELIONE: Thank you, Madam Chair.

10:14:16 This is an item that I support and move forward with, but I

10:14:20 do want to request that legal has looked at -- and Ms. Cole

10:14:29 and I spoke about this -- there was a requirement that is

10:14:34 part of the site plan currently about undergrounding

10:14:38 conduit.

10:14:39 If TECO is going to require that this be on private

10:14:43 property, I worry now that that requirement of putting the

10:14:50 conduit in the ground in advance of another project or

10:14:53 something in the future, and us taking advantage of that

10:14:57 conduit being there, is if TECO can't use it, and it's not

10:15:01 going to be compliant, then can we remove that from the site

10:15:07 plan?

10:15:08 >>JULIA COLE: Legal department.

10:15:09 I actually looked at the note and discussed the matter

10:15:12 additionally.

10:15:15 In order to move from site plan at this point you have to

10:15:18 take it back to first reading under the rules.

10:15:20 But I'm comfortable it could be removed administratively

10:15:23 given the nature of the way the waiver was drafted and given

10:15:29 other heavy connotations of TECO's almost impossibility of

10:15:33 that being able to occur.

10:15:34 So that would be something we would be able to handle.

10:15:36 >>LISA MONTELIONE: Thank you very much.




10:15:39 Then I would move the ordinance.

10:15:43 Motion to close.

10:15:45 >> Second.

10:15:45 >>MARY MULHERN: (off microphone).

10:15:50 >> Second.

10:15:52 >>MARY MULHERN: All in favor?

10:15:56 >> An ordinance being presented for second reading and

10:16:01 adoption, rezoning property in the general vicinity of 1702

10:16:05 and 1720 West Kennedy Boulevard, 108 and 112 south Packwood

10:16:10 Avenue, and is 11 south Rome Avenue in the city of Tampa,

10:16:13 Florida and more particularly described in section 1 from

10:16:16 zoning district classifications PD planned development,

10:16:19 mixed use, office, retail, restaurant, residential and

10:16:23 multifamily, to PD, planned development, daycare, school and

10:16:26 office, business/professional and medical, providing an

10:16:29 effective date.

10:16:29 >>MARY MULHERN: Motion made by Councilman Suarez, seconded

10:16:35 by Councilman Cohen.

10:16:36 Please vote and record.

10:16:37 >>THE CLERK: Motion carried with cab peen and Miranda being

10:16:46 absent.

10:16:46 >>MARY MULHERN: Item number 45.

10:16:49 Does anyone wish to speak?

10:16:52 >>FRANK REDDICK: 44.

10:16:53 >>MARY MULHERN: I'm getting ahead of myself.




10:16:55 Item number 44.

10:16:56 Does anyone wish to speak on item number 44?

10:17:01 Seeing no one, can we have a motion?

10:17:06 >>JULIA COLE: Again, Julia Cole, legal department.

10:17:08 As you may recall at the first reading this petition there

10:17:11 was a request for a waiver to our sign code in order to make

10:17:14 an existing sign conforming form.

10:17:22 However, it's a little rare that this occur in this manner.

10:17:27 Researching the previously approved PD, under our old code

10:17:36 typically didn't happen because our old site code allowed so

10:17:39 much signage and nobody was asking for anything through the

10:17:43 PD process, but in this particular instance there was an

10:17:45 approved sign as part of a previous PD per code, therefore

10:17:51 the waiver is not required and has been removed.

10:17:54 Thank you.

10:17:54 >>MARY MULHERN: Thank you.

10:17:56 Marty, did you want to speak?

10:18:05 I don't see anyone else who wishes to speak.

10:18:07 Motion to close?

10:18:09 >> So moved.

10:18:10 >> Second.

10:18:10 >>MARY MULHERN: All in favor?

10:18:11 Aye.

10:18:16 Councilman Reddick, could you read item 44?

10:18:19 >>FRANK REDDICK: An ordinance being presented for second




10:18:22 reading and adoption.

10:18:23 An ordinance rezoning property in the general vicinity of

10:18:25 612 North Dale Mabry highway in the city of Tampa, Florida

10:18:29 and more particularly described in section 1 from zoning

10:18:32 district classifications PD, planned development,

10:18:35 restaurant, to PD, planned development, restaurant,

10:18:39 providing an effective date.

10:18:39 >> Second.

10:18:42 >>MARY MULHERN: Motion made by Councilman Reddick, seconded

10:18:44 by Councilman Suarez.

10:18:46 Please vote and record.

10:18:55 >>CLERK: Motion carried with Miranda and Capin both being

10:18:59 absent.

10:18:59 >>MARY MULHERN: Is there anyone who wishes tore speak on

10:19:02 item number 45?

10:19:09 Staff?

10:19:10 Legal?

10:19:10 >> Motion to close.

10:19:14 >> Second.

10:19:14 >>MARY MULHERN: All in favor?

10:19:16 Aye.

10:19:16 Item number 45.

10:19:17 Councilman Cohen, could you read that?

10:19:19 >>HARRY COHEN: I move an ordinance being presented for

10:19:22 second reading and adoption, an ordinance rezoning property




10:19:26 in the general vicinity of 3422 temple street in the city of

10:19:31 Tampa, Florida and more particularly described in section 1

10:19:34 from zoning district classification RM-16 residential

10:19:38 multifamily to CG commercial general, providing an effective

10:19:41 date.

10:19:41 >> Second.

10:19:43 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

10:19:45 by Councilman Suarez.

10:19:48 Please vote and record.

10:19:48 >>THE CLERK: Motion carried with Capin and Miranda being

10:19:57 absent.

10:19:57 >>MARY MULHERN: Item number 46.

10:20:06 We are on staff reports.

10:20:07 >> Marc Hamlin, Tampa Police Department.

10:20:22 On behalf of Chief Castor.

10:20:24 I'll give you an update on our loud music from vehicles

10:20:28 issue.

10:20:28 Back in October 2010 we designated a code that tracks

10:20:32 specifically loud music from vehicle complaints coming in to

10:20:35 our communications center from citizens.

10:20:37 This distinguished the calls from the general disturbances

10:20:40 like loud music from a building, say, people just being loud

10:20:45 in the area, things like that.

10:20:48 As of yesterday, we received 912 calls from citizens in that

10:20:52 11-month period, about an average of 83 a month.




10:20:55 Now, as you are aware in May, the statute, the state statute

10:21:00 for loud music from a vehicle audible over 25 feet was found

10:21:03 to be unconstitutional so we can no longer enforce that.

10:21:08 In June, we instituted the program that a citizen can send

10:21:15 in an e-mail to the police department saying that they have

10:21:17 observed the vehicle with loud music, they provide the

10:21:20 proper information, and if it fits the criteria, the tag

10:21:24 number given is the same description as the car, et cetera,

10:21:28 we'll send a letter to that person.

10:21:30 The owner of the car saying that their vehicle could

10:21:33 possibly be in violation of the disorderly conduct statute,

10:21:36 which is a criminal misdemeanor.

10:21:39 Since we have instituted, we have received 12 e-mails of

10:21:42 which we sent two letters.

10:21:44 Sew some were duplicate e-mails.

10:21:46 Some were loud mufflers.

10:21:47 Some e-mails did not provide the proper information to us

10:21:50 that we were able to identify the vehicle.

10:21:52 So it looks like in the summertime, June, July, August, we

10:21:56 average about 74 calls per month since the statute has been

10:22:00 found unconstitutional.

10:22:01 With only 11 months of data it's hard to see if that's just

10:22:05 a normal trend in the summertime.

10:22:08 Where we track crime is we compare the month, say in, 2011

10:22:12 to the month in 2010 because certain times of the year has




10:22:16 certain trends that we need to know so it hard to tell for

10:22:20 now. Anyway, the statute becoming unconstitutional has

10:22:24 really tied our hands.

10:22:26 In the past, an officer had to witness the offense to write

10:22:29 a ticket.

10:22:29 Now, if we were to be charge criminal statutes such as

10:22:32 disorderly conduct or nuisance statutes we would not only

10:22:37 have to have the officer there, we would have to have a

10:22:38 citizen witness willing to come to court and be the

10:22:41 complainant on the case.

10:22:42 That's where we stand right now with loud music.

10:22:44 >>MARY MULHERN: Councilman Reddick.

10:22:48 >>FRANK REDDICK: Thank you.

10:22:58 A resident can send an e-mail, and what other alternatives

10:23:02 do you make to an individual who are not computer savvy or

10:23:06 person that has no computer?

10:23:10 What alternative do you have besides e-mail?

10:23:13 >> We have 912 calls already.

10:23:17 E-mail is another factor.

10:23:18 If someone wanted to activate the soft letter they can call

10:23:21 the chief's office just as well as sending an e-mail.

10:23:24 The e-mail is just an option on the city message center that

10:23:27 was set up as another alternative.

10:23:29 >>MARY MULHERN: And let me ask you another question.

10:23:32 If a person is driving down a neighborhood street, and your




10:23:39 officer is parked on the corner somewhere, and they come

10:23:42 through with very, very loud music, you still have the right

10:23:47 to stop them based on the noise level, right?

10:23:50 >> No.

10:23:51 >> You cannot stop them if they are booming, a lot of noise

10:23:54 is booming from the car?

10:23:56 >> No.

10:23:56 That's found unconstitutional, that statute.

10:23:59 The noise ordinance the city has in place only deals with

10:24:02 property lines.

10:24:03 When they deal with property lines, you are only dealing

10:24:07 with structures, not cars.

10:24:07 >> So I can go out there and drive down Kennedy Boulevard

10:24:10 and blast my stereo on my car as loud as I want to?

10:24:13 >> Yes.

10:24:14 >> And an officer cannot stop me?

10:24:16 >> Unfortunately, yes.

10:24:18 Not for that purpose.

10:24:20 Any longer.

10:24:21 >> It's amazing.

10:24:22 >>MARY MULHERN: Councilman Suarez.

10:24:26 >>MIKE SUAREZ: Assistant chief, do you have any statistics

10:24:30 on property, noise coming from properties in your -- I'm

10:24:36 putting you on the spot.

10:24:37 I apologize.




10:24:38 >> I didn't prepare any but we do have data and it's readily

10:24:42 available if you would like me to send it to you.

10:24:44 >> That would be appreciated.

10:24:46 And, you know, something that we are all kind of dealing

10:24:50 with is how we are going to deal with the Constitutionality

10:24:53 of Second DCA saying that it was unconstitutional, fifth DCA

10:24:58 saying that it is Constitutional, and hopefully it's going

10:25:01 to go to the Supreme Court, and that will happen probably in

10:25:04 the next six to nine months.

10:25:05 But nonetheless, now, we appreciate you getting those

10:25:08 statistics to me.

10:25:09 I would like to know because, as you know, there's problems

10:25:13 with property owners, and renters that are next to property

10:25:16 owners that are going -- some of the same noise nuisances as

10:25:21 we see with automobiles.

10:25:22 >> Absolutely.

10:25:23 >> Thank you.

10:25:24 >> Thank you, assistant chief.

10:25:30 I just want to give a little background here, because before

10:25:38 it was declared unconstitutional we did have a lot of

10:25:41 requests to do more to change it, and the legal and police

10:25:46 department have worked with the citizens who are trying to

10:25:49 do this.

10:25:50 And Mr. Daniels isn't here, is he?

10:25:55 But Mr. Daniels has been coming to council, into the police




10:25:59 department for years, asking to implement this soft letter

10:26:04 program.

10:26:05 And I was really happy to hear that we are trying it out.

10:26:07 And I was thinking that we wouldn't need to have these

10:26:13 semiannual reports anymore, but we probably need to hear

10:26:15 from you when you do have some data come back in six months

10:26:19 and then we'll see.

10:26:20 But hopefully it will work.

10:26:25 Is it too early to tell?

10:26:26 >> I think it's too early to tell.

10:26:28 But we'll certainly come back in six months and report.

10:26:30 The more data we have, the more we could figure out.

10:26:33 >>MARY MULHERN: Thank you.

10:26:37 >>JIM SHIMBERG: City attorney.

10:26:38 I think what the chair was getting at, if the council would

10:26:44 amend that motion to require come back every six months,

10:26:47 instead have the can chief come back when we have something

10:26:50 to report, whether it's resolution on that particular case,

10:26:53 as opposed to just coming back in six months.

10:26:55 It's up to council, but that motion was initiated back in

10:27:00 '09.

10:27:01 >>MARY MULHERN: We'll take your advice.

10:27:03 You can probably come back if there's any legal news, right?

10:27:07 >> Yes, especially if there's some legal issues of the

10:27:10 statute being put back in place, or the state legislature




10:27:13 replaces it with something that we can enforce.

10:27:15 >>MARY MULHERN: And I'm sure you will give us good news

10:27:18 with the soft letter, right?

10:27:20 >> I'll try to work it out the best I can.

10:27:22 >>MARY MULHERN: Councilwoman?

10:27:27 >>LISA MONTELIONE: I would move to amend the motion that

10:27:29 was initiated by Dingfelder on September 3rd, 2009, to

10:27:36 say that we come back -- or TPD come back when there is a

10:27:42 change in the court's decision or in the data that the soft

10:27:49 letter program has produced.

10:27:50 So a discussion of Tampa Police Department to come back when

10:27:56 there is an event to report on.

10:27:57 >> I second that.

10:28:01 >>MARY MULHERN: All in favor?

10:28:03 Aye.

10:28:04 Thank you very much.

10:28:12 Item number 47.

10:28:14 Kimberley Crum from human resources, director.

10:28:20 Thank you for attending our last meeting, for being so

10:28:24 patient and for agreeing to come back this week for your

10:28:27 report.

10:28:27 >> Thank you, council, for having us this morning.

10:28:33 Kimberley Crum, human resources director here on item number

10:28:36 47, which is the Wellness Center update which you request

10:28:41 after our May update.




10:28:43 We are so pleased to be before you.

10:28:45 You will recall when we went forth with the Wellman center

10:28:49 initiative and received approval from the prior council last

10:28:52 October, to drive down the escalating costs of health care.

10:28:58 So we are before you today with an update that shows some

10:29:00 early results that we are pleased to share.

10:29:03 If I could have the PowerPoint, please.

10:29:08 What we will be covering today in the Wellness Center update

10:29:17 is an update on our location, some utilization statistics,

10:29:24 diagnoses, some results on our patient satisfaction numbers

10:29:26 and the financial impact as requested by the council.

10:29:32 First of all, the numbers that we are showing you today are

10:29:35 from inception with the first opening of our Himes Avenue

10:29:40 Wellness Center on February 28 through July 31st.

10:29:46 Himes Avenue location has been opened as reported earlier,

10:29:49 and our Brandon location opened as planned on May 31.

10:29:54 In total, we had 3936 patient visits.

10:29:59 Just as a refresher, as the centers opened, our patient

10:30:04 visits tend to be about a half hour in length, and then

10:30:07 return visits, 15 minutes in length.

10:30:11 So as the wellness centers mature there are more patient

10:30:14 visits available in the calendar.

10:30:16 Currently we are running at about 100 percent utilization.

10:30:19 >>LISA MONTELIONE: Ms. Crum,.

10:30:25 >>MARY MULHERN: Ms. Crum, what is the total number of




10:30:28 enrollees, employees and retirees in the program?

10:30:32 >> We have about 3,650-ish employees who take the city's

10:30:38 health insurance, and about 10,000 covered lives.

10:30:42 So 3,946 visits is quite a number for the early results.

10:30:50 Of those visits, about 70% of the patients have been

10:30:54 employees.

10:30:55 About 26% are dependents and the remaining 4% are retirees

10:31:04 at this time.

10:31:05 Of the nearly 4,000 visits that have taken place, there has

10:31:07 been 1448 unique visitors, so obviously some patients have

10:31:13 been more than once.

10:31:17 You may recall in our prior briefings to you, our goal was

10:31:22 to take the city's top five diagnoses which typically drive

10:31:25 about 80% of our health care costs, and begin to Chip away

10:31:30 at those health conditions to try and see improvement

10:31:33 earlier, or detection earlier so that employees don't end up

10:31:40 in a disease situation that has a far greater impact on them

10:31:44 and their home life, family life and here at work.

10:31:47 And it's interesting to report that the top four diagnoses

10:31:51 at the wellness centers to date have been overweight or high

10:31:55 body mass index, high blood pressure, diabetes or high

10:32:02 cholesterol.

10:32:04 And the fifth item we talked about driving our costs was

10:32:06 tobacco related illnesses.

10:32:10 And that continues to be a priority at the wellness centers,




10:32:14 too.

10:32:17 A patient satisfaction result, there is an iPod survey

10:32:23 that patients are anonymously responding to and eight total

10:32:28 questions, like what's the location convenience, was the

10:32:31 staff friendly, and responsive, and is the facility clean?

10:32:36 The question that we really key in on is, were you 100

10:32:39 percent satisfied?

10:32:41 And of the 1040 patients who have taken that survey, 98%

10:32:46 have answered that they were satisfied or better.

10:32:50 So that is a good response as well.

10:32:56 Kind of walking back through our initial presentation, it's

10:32:59 important for folks who may not spend a lot of time with our

10:33:03 health care plan.

10:33:04 As a reminder we do have over 10,000 covered lives, and the

10:33:10 total spend for the recent fiscal year is almost $35

10:33:14 million.

10:33:14 So this is a key budgetary item that we are watching very

10:33:17 closely and attempting to make impact on.

10:33:21 Of that $35 million, about $28 million is city fund.

10:33:27 This is a benefit that's provided by all of our bargaining

10:33:32 unit agreements for all employees and retirees.

10:33:36 If we are going to do benefits, we want to make sure that we

10:33:39 meet our goal, our stated goal of keeping our benefits high

10:33:42 quality and competitive in the marketplace, and effectively

10:33:46 managing the cost at all times.




10:33:51 Our costs like so many other jurisdictions and other

10:33:53 organizations, the cost of our health care is decided each

10:33:56 year at renewal time, based on a prior number of months.

10:34:01 Claims experience, so if we have a good claims year our

10:34:04 renewal goes fairly smoothly and if we have a difficult

10:34:07 claims year it's reflected in the price to the city and to

10:34:10 its employees.

10:34:12 Who share in that.

10:34:13 And in our particular case, typically we are looking at

10:34:17 about the most recent 20-month claims experience.

10:34:23 When we talked about first instituting the wellness centers,

10:34:27 they had been utilized as a best practice in a number of

10:34:30 places to help reduce the rate of cost escalation in the

10:34:34 health care plan and that's our stated goal as well.

10:34:38 It's available to all of our City of Tampa employees

10:34:40 non-medicare retirees and dependents.

10:34:47 We have contracted with Care ATC to provide the services so

10:34:52 they hire the physicians and the staff, and they provide the

10:34:56 quality care that our folks have grown accustomed to. One

10:35:00 of the key elements of this company's initiative that made

10:35:04 them so attractive to us was that they do a proactive health

10:35:09 screening for their employees just with a vial of blood, get

10:35:12 a very comprehensive series of results back, so that they

10:35:17 can use those to cover them with their own physician or with

10:35:21 a doctor at the Wellness Center.




10:35:24 Care ATC also ensures HIPAA compliance and that the

10:35:30 employees information is kept completely confidential.

10:35:33 And they have worked together with us to ensure that we have

10:35:35 convenient locations, with the geography of our

10:35:41 participants, and that seems to be working out very well.

10:35:45 The benefits to the city from the initial proposal, to

10:35:51 reduce the rate of cost escalation in our plan, also to make

10:35:54 sure that our employees can get appointments readily when

10:35:58 needed.

10:35:59 And that we have some predictability in the pass-through

10:36:04 costs that are sent through to us for various items within

10:36:07 the center that we end up paying wholesale costs for, and

10:36:11 also that we wanted to address the city's worker's

10:36:14 compensation situation as well, because we are self-funded

10:36:19 for that.

10:36:21 Every visit that goes through the wellness center is dollars

10:36:25 saved.

10:36:28 Moving onto the financial impact.

10:36:29 This slide is meant to depict when we originally put the

10:36:33 proposal through July 31st, we were to have spent about

10:36:40 $885,000, and through July 31, our actual numbers are at

10:36:44 880,000.

10:36:50 So we are running just slightly below the budget that was

10:36:50 planned. Then through October 31, we expect to remain

10:36:53 within the budget that we submitted initially.




10:37:00 Moving from the impact of the Wellness Center into the

10:37:02 health plan. As we are looking at renewal for the coming

10:37:04 year, we are watching very closely what our carrier United

10:37:08 Health Care and what Gallagher benefit services, our

10:37:12 brokers, are sharing with us about the local market, and

10:37:15 they are both in agreement that we should be, in the local

10:37:20 market, and about 11.5% increase for inflation and our

10:37:23 health care spend.

10:37:26 And remembering that our costs are based on the last 20

10:37:28 months of historical claims experience, we are really

10:37:32 pleased to show you the next slide which shows that our

10:37:34 total claim expense for this year, of January through July,

10:37:39 versus last year's January through July, is showing an

10:37:43 improvement.

10:37:53 From January through July 2010, you will see on this slide

10:37:56 slightly over $20 million in claims expense for last year.

10:37:59 The same time this year, our claims experience has been

10:38:03 $19.1 million, so that the claims costs have decreased by

10:38:08 $1.2 million so far this year.

10:38:11 Now, of course, in order to have an apples to apples

10:38:14 comparison we have to add back in the amounts of expenses we

10:38:16 have seen in the wellness centers.

10:38:18 So we add back in the $880,000 for a net claims cost

10:38:24 decrease of about $383,000 or 1.9%.

10:38:29 So instead of seeing an increase of about 11.5%, for the




10:38:33 short period of time that we are looking at in this initial

10:38:38 implementation, we are seeing a slight decrease.

10:38:46 Originally we had talked about benefits to employees that

10:38:48 they would be able to go to the wellness centers with no

10:38:54 co-payments, and -- for the visit, I should say, and no

10:38:58 co-payments for generic prescriptions available, and that's

10:39:02 certainly true today.

10:39:06 They expect to receive continuity of care, and many are

10:39:08 seeing that in the initial stages, and that they would

10:39:10 receive support for wellness initiatives like management,

10:39:16 tobacco cessation and weight loss.

10:39:18 And that's all of the visits to the wellness centers are

10:39:20 voluntary and they remain so.

10:39:23 So as we are looking at the cost savings that our employees

10:39:26 may have seen in the first few months, it's really

10:39:29 impossible to know what they received, but just as a general

10:39:34 rule of thumb we know that each office visit was in the

10:39:37 city's health plan had either a $25 co-payment for a regular

10:39:41 or primary care type of visit and a $35 co-payment for

10:39:45 specialist visit.

10:39:46 So if we multiply the 3900 and 39 visits that have occurred

10:39:51 to date times even the minimum $25, we are at $98,400

10:39:57 savings for our employees, as a bear minimum.

10:40:00 For each prescription, there's a wide range of prescriptions

10:40:04 that are available at different costs, and of course some




10:40:06 employees come to the Wellness Center and they might receive

10:40:09 several prescriptions that they leave and others might come

10:40:12 and have no need for a prescription that day.

10:40:14 But if we assume that each employee that comes about three

10:40:17 quarters of them receive one prescription at the very most

10:40:22 entry level of co-payment, if you will, then our employee

10:40:27 savings increased, obviously.

10:40:30 So our best guesstimate is between 150,000 and 225,000 that

10:40:37 our employees may have saved thus far to date.

10:40:43 Just in summary, this has been just an incredible initiative

10:40:47 and incredible undertaking.

10:40:49 And we want to thank the City Council, your predecessors,

10:40:53 who so graciously entered into this initiative with us, and

10:40:58 we want to thank you for continuing to be interested in it

10:41:01 and for keeping tabs on how we are doing.

10:41:03 We also want to thank our city employees.

10:41:06 What a great bunch.

10:41:07 They have really been very welcome and very interested in

10:41:11 the city's wellness centers, and we appreciate their

10:41:14 willingness to try it out and to share the word on how

10:41:18 things are going.

10:41:21 And we continue to appreciate feedback and ways to improve.

10:41:26 We have made a number of improvements in the center based on

10:41:28 employee feedback, things that are as simple as the lobby

10:41:34 windows so it was a little more private for folks arriving,




10:41:37 simple things, that really has some, I think, improved

10:41:42 people's use of the wellness centers as well.

10:41:45 And if I may, we have staff with us.

10:41:50 Many of you, you have all met.

10:41:53 Michael, the city's risk manager who has a whole team behind

10:41:57 him and HRS staff behind him who worked diligently on this.

10:42:00 I would like to acknowledge he and Regina who worked so hard

10:42:08 and ask them if they would stand.

10:42:17 Thank you.

10:42:19 [ Applause ]

10:42:21 >>MARY MULHERN: Good financial news is great and health and

10:42:27 wellness.

10:42:28 >> Kimberly, thank you so much for the presentation.

10:42:32 And I said this to you privately and I want to make sure I

10:42:35 say this publicly, that this kind of undertaking, the number

10:42:37 of moving parts, the things that you need to do in order to

10:42:42 make this a success, you are right, the previous council had

10:42:45 a lot of foresight to try to put this together, and the

10:42:48 savings is nothing in comparison to what we will see in the

10:42:54 next three to five years, if the trim lines continue.

10:42:58 The amount of service that we provide on the front end is

10:43:00 going to help us in the back end, and we are hopefully

10:43:03 seeing more than 1.9%, hopefully see the teens if that's

10:43:12 possible, and I know you are working hard to make that

10:43:14 possible.




10:43:14 So we appreciate you and your team and everyone that's

10:43:16 working at HR to try to make this thing work, because I

10:43:19 really see the benefits of this.

10:43:21 We are going to see the benefits of it in the long run.

10:43:23 So thanks again for your help.

10:43:24 >>LISA MONTELIONE: And I want to testify to an almost

10:43:32 personal experience.

10:43:33 I have not been myself, but when you mentioned family

10:43:37 members, my significant other was stung by a wasp the other

10:43:41 day, and his hand blew up like you blow up one of those

10:43:46 little medical gloves and it gets real big.

10:43:48 That's what his hand looked like all the way up to his arm.

10:43:52 And being in a small business, it is important for him to

10:43:55 get well and back to work right away.

10:43:58 And called up, in less than, I think, eight hours he was in

10:44:03 front of the physician, he got treated, he got his

10:44:06 medication, and within a couple of days, the swelling went

10:44:09 down, and he was fine.

10:44:12 But he had a great experience.

10:44:15 I asked him how it was and all these questions like he was

10:44:17 being interrogated, and he said that it was a very good

10:44:22 experience, and he was really thrilled that he didn't have

10:44:25 to pay for any of the medications.

10:44:27 And he didn't have to go anywhere else.

10:44:29 >> That's right.




10:44:30 Even when you go to the doctor outside you get a

10:44:33 prescription, you have to go somewhere else to get it

10:44:35 filled.

10:44:36 Again being a small business you don't have time to run all

10:44:39 over town and wait for the prescription to be filled.

10:44:41 Right there and then they hand him his medication, he was on

10:44:44 his way.

10:44:45 >> I'm so pleased that he's all right and that he was able

10:44:48 to use the wellness center with such a good outcome.

10:44:50 >>LISA MONTELIONE: Yes, it was great.

10:44:53 >>HARRY COHEN: Very briefly, I think that aside from the

10:44:58 significance of the cost savings that the city is

10:45:01 experiencing as a result of this program, there's such a

10:45:07 great benefit to people, individuals, having to wellness be

10:45:11 the center of their medical regimen.

10:45:14 The things that you identified in this presentation as being

10:45:18 the conditions that people are presenting with, obesity,

10:45:25 high blood pressure, diabetes, these are the things people

10:45:30 in our society are fighting today, and anything that we can

10:45:32 do to help people be a little healthier is going to really

10:45:37 inure directly to their quality of life.

10:45:39 I know that I struggle with weight and those type of issues.

10:45:42 A lot of us do.

10:45:44 All of us were dedicating a community garden and the idea of

10:45:51 that is to encourage people to eat more vegetables and do




10:45:54 things to be more healthy.

10:45:55 A lot of the transportation initiatives that we are looking

10:45:57 at involve bike paths and things that will get people out

10:46:01 and make them more physically active.

10:46:05 This is just another component piece in doing, I think, good

10:46:08 things to help people take control of their health, and, you

10:46:12 know, maybe see some improvement in their own personal life.

10:46:16 And I think it's a great added benefit, aside from the cost

10:46:20 savings, that the city experiences.

10:46:21 >>MARY MULHERN: I just want ton thank you for all the hard

10:46:29 work you did.

10:46:30 And we were sceptics at first when this came up.

10:46:37 Although I do want to give credit to Chairman Miranda,

10:46:41 because he's been -- he's been talking about this his whole

10:46:46 last term and remaining us that now this is cutting edge,

10:46:50 and that's so great, too, that Tampa did something cutting

10:46:54 edge, but also it's something that we have a history of with

10:46:58 our social clubs and our only hesitation when you first

10:47:05 brought it up is we wanted it to be local.

10:47:07 And so that was the only question we had.

10:47:11 So, of course, local doctors and physicians assistants.

10:47:19 That's great.

10:47:19 We have to keep our eye on that.

10:47:21 Thanks for the good news.

10:47:22 And I just have to say to Councilman Cohen, those are the




10:47:28 things that we as City Council can help with the prevention

10:47:35 starts with the quality of life that we have, and if we have

10:47:37 safe places to walk and ride and places to go, and if we can

10:47:43 reduce our carbon output, which I know that Thom Snelling is

10:47:47 going to be working on, we'll have healthier people, too.

10:47:50 So it all goes together and contributes to our economic

10:47:56 development because if we have a healthy environment for

10:47:58 people to live in, they are going to want to move here and

10:48:00 bring their business here.

10:48:02 So thank you.

10:48:21 Item number 48.

10:48:22 Mr. Snelling?

10:48:25 >>THOM SNELLING: Growth management.

10:48:27 As you probably remember, the City of Tampa is the

10:48:31 administrator of the grant for the four county area which

10:48:37 includes Hillsborough, Pasco, Pinellas and Hernando county.

10:48:44 Each jurisdiction is a lot add total of $3.8 million based

10:48:49 on their rate of HIV and aids incidence.

10:48:55 Pinellas County has approximately 35% of an incident rate

10:48:58 for HIV aids, and which made them eligible for about

10:49:03 $1.3 million.

10:49:11 The Boley Center was awarded 1,019,279 that was reviewed by

10:49:21 the overall consortium including city staff as well as

10:49:24 external participants in that evaluation process as well.

10:49:28 The Boley Center provides direct assistance for rental




10:49:31 assistance as well as services for the people who are

10:49:36 residents in those units.

10:49:40 And it's based on low-income and the criteria for people to

10:49:44 be eligible to participate in that.

10:49:47 You also recall that the center was included in the action

10:49:50 plan that you adopted August 8th, I believe it was, the

10:49:54 Boley Center, a few eight weeks back, all of the agencies

10:50:01 that received money.

10:50:03 By consent agenda you approved all those other agencies.

10:50:07 This stood out because we were receiving such a large amount

10:50:10 of money, over $1 million.

10:50:12 I will have more information on that.

10:50:15 But it's really going towards the same effort.

10:50:18 There's no duplication of services, because as I say, this

10:50:22 is in Pinellas County.

10:50:24 The rest of these programs are scattered around

10:50:26 Hillsborough, Pinellas, Hillsborough, Pasco.

10:50:28 So if you have any questions?

10:50:32 >> I move item number 48.

10:50:42 >> Second.

10:50:43 >>MARY MULHERN: Motion made by Councilman Suarez, seconded

10:50:46 by Councilman Reddick.

10:50:48 All in favor?

10:50:49 Anyone opposed?

10:51:02 >>THOM SNELLING: It's been awhile since I come back to




10:51:04 council, I trust you all received the inventory that I sent

10:51:09 you the other day.

10:51:11 And I will be asking to schedule a workshop on that to come

10:51:13 back and make a formal presentation and really go down to

10:51:17 some of the details.

10:51:19 I bring that up because you referenced that.

10:51:21 >>MARY MULHERN: Actually, this is our time to ask for any

10:51:26 public comment.

10:51:33 >>THOM SNELLING: Oh. Well, this is public comment.

10:51:35 [ Laughter ]

10:51:35 I hadn't even looked at a date. I'll try to identify a

10:51:37 couple of dates that council can look at and then come back

10:51:39 and ask you.

10:51:40 >>LISA MONTELIONE: A workshop that I am working on that I

10:51:43 want to talk to Thom about, maybe we can incorporate that.

10:51:47 >>THOM SNELLING: That would be fine.

10:51:48 Whatever works out best for council.

10:51:49 >>MARY MULHERN: Thank you.

10:51:54 So do we have any new business?

10:51:56 I'll start with Councilwoman Montelione.

10:51:58 >>LISA MONTELIONE: Do we have to receive and file some --

10:52:14 motion to receive and file.

10:52:15 >> All in favor?

10:52:18 >>MARTIN SHELBY: I'm sorry to interrupt, but that also

10:52:20 includes the items from the workshop that are listed




10:52:22 under --

10:52:23 >>LISA MONTELIONE: That's way was looking at, yes.

10:52:26 Under the items that we received under my workshop that was

10:52:29 held last -- what was that on?

10:52:34 August 4th?

10:52:36 August 4th.

10:52:37 Thank you.

10:52:37 >>MARY MULHERN: Any other new business?

10:52:44 >>LISA MONTELIONE: I want to remind all council members

10:52:46 that we have the land development workshop at 1:30 this

10:52:49 afternoon.

10:52:51 I realize Councilwoman Capin not being here, I don't know

10:52:56 that she's going to make it this afternoon.

10:52:58 So we might not have a quorum, which worries me just a

10:53:01 little bit because what we have been doing is at each

10:53:05 workshop, we have been taking a vote to be hold another

10:53:10 session in order to receive updates on the economic

10:53:14 competitiveness committee, discuss items that are of

10:53:19 importance with zoning, somewhat to discuss items that come

10:53:25 before us on council.

10:53:26 And in order to move processes along and not have our

10:53:32 applicants pay their consultants a lot of money to sit in

10:53:37 the audience while we take time to discuss particular issues

10:53:41 of zoning regulations.

10:53:44 I do know that a couple of members of the economic




10:53:47 competitiveness committee asked when the next meeting was,

10:53:49 and I told them it was this afternoon.

10:53:51 I'm not sure if they will be coming or not.

10:53:54 I didn't ask them to RSVP or to confirm their attendance,

10:53:59 but they did express an interest to come and speaking to us

10:54:02 during the workshop.

10:54:04 And I believe that there are a couple of citizens who

10:54:06 also -- we had a citizen attend last workshop, and there are

10:54:11 citizens that do want to speak to us this afternoon.

10:54:13 So it is my concern that we continue to have these workshops

10:54:20 as we move along.

10:54:21 We are going to have the Seminole Heights form-based code

10:54:26 zoning regulations come before us, as well as the economic

10:54:30 competitiveness committee issues.

10:54:32 And I do want to say one more thing, is that at the last

10:54:35 committee meeting, the mayor was present.

10:54:41 At the meeting before that he was not present.

10:54:43 And at the meeting before that, it was decided as a

10:54:47 committee that rather than waiting the six months that the

10:54:51 mayor had initially set out, that we would hold these

10:54:55 meetings, these committee meetings, in six months, bring

10:54:57 back recommendations to the mayor, for him to discuss and

10:55:03 act on them, bring them to council, and that we would act on

10:55:06 them as well.

10:55:07 What the committee decided was that it would be better and




10:55:12 would move the process along is as things came up, and they

10:55:19 were ready to be brought to council, that we would not wait

10:55:22 the six months, they would be brought to council as items

10:55:26 were addressed.

10:55:27 So there are some things that we can do as a council in the

10:55:30 interim before the bigger issues are taken up, and this will

10:55:37 be a fluid process rather than a formal wait the six months,

10:55:44 come back, do a report and then act on items.

10:55:46 So it's very important that we continue these workshops so

10:55:50 that we keep pace with what's going on.

10:55:52 >>FRANK REDDICK: There's a possibility I will not be there

10:55:58 this afternoon.

10:55:58 >>MIKE SUAREZ: And I won't be able to make it,

10:56:05 unfortunately, and this is something that came up yesterday.

10:56:07 And I apologize that I won't be able to be there.

10:56:10 >>MARY MULHERN: This is a good time to deal with this since

10:56:26 your workshop is at 1:30.

10:56:30 You are doing a fantastic job with your committee, building

10:56:37 and zoning.

10:56:39 You are the committee chair for building --

10:56:42 >>LISA MONTELIONE: Oh, that?

10:56:44 >>MARY MULHERN: So these are your issues.

10:56:46 I just want to compliment you on how hard you are working on

10:56:50 that.

10:56:50 >>LISA MONTELIONE: Thank you.




10:56:51 >>MARY MULHERN: And

10:56:58 All these parks meetings.

10:57:03 >> It's transformative.

10:57:07 >>MARY MULHERN: What I do want to say, we have had, in my

10:57:11 experience, when you are working on something that is your

10:57:16 area of interest and legislative what you want to push, I'm

10:57:25 not sure you are going to be able to have full council

10:57:27 attendance at workshop meetings.

10:57:30 And we did run into this with our last council, and I'm sure

10:57:37 council before that, where it was hard to deal with.

10:57:41 And we also had a long discussion, I believe, because former

10:57:45 Chairman Scott having come from the county where their

10:57:49 workshops were -- but we kind of moved in the direction of

10:57:54 the last council.

10:57:56 This is background.

10:57:59 That a workshop was not the place to take action.

10:58:05 And the workshop, you know, is very much what you are doing,

10:58:08 but because it was a workshop specifically, it was for

10:58:12 information gathering, sharing, not for action.

10:58:16 So I think it sounds like you want to continue to do this.

10:58:21 But I think you need to -- be realistic about whether you

10:58:25 are going to get full attendance from -- to be able to get

10:58:29 that.

10:58:30 So the other option is to call it a special discussion

10:58:35 meeting, which is what we did the last time, and we have




10:58:41 very interested and cooperative staff, especially on this

10:58:44 issue, that you share with the mayor, so it might be in the

10:58:49 future better to call it a special discussion meeting.

10:58:52 >>LISA MONTELIONE: My feel, Madam Chair, is special

10:58:55 discussion meetings compel council members to be there.

10:58:59 The issues of the changes to our zoning regulations are

10:59:06 huge.

10:59:06 This isn't my issue.

10:59:07 This is the city's issue.

10:59:09 It's not the mayor's I shall you have.

10:59:10 It's the city's issue.

10:59:12 And if we want to be competitive economically -- and not

10:59:16 just looking at the accommodation of the business community

10:59:21 and the construction industry and the "open for business"

10:59:27 environment that we want to project, every time I read about

10:59:32 other cities taking steps, even the county took more steps

10:59:36 to change their regulations for economic incentives just the

10:59:42 other day, just last week.

10:59:44 So it goes beyond that.

10:59:47 When we talked about today with the overlay district and

10:59:50 Westshore, we talk about the environment of pedestrian

10:59:56 friendly cities and having, you know, being number two in

10:59:59 pedestrian deaths in the United States, number two in the

11:00:05 United States, not in Florida.

11:00:08 Issues of zoning and development are key to our city being




11:00:15 someplace people want to live and want to remain.

11:00:18 So this isn't a building issue.

11:00:21 This isn't a committee issue for building zoning and

11:00:24 preservation.

11:00:25 This is a city issue.

11:00:26 How do we want our city to look?

11:00:28 What do we want our environment to reflect?

11:00:32 And how are we going to understand what it takes to get

11:00:36 there?

11:00:37 And the economic competitive economy that is convened for

11:00:41 six months, we are already a few months in, so this is just

11:00:46 a few more months of getting familiar with what regulations

11:00:50 will be coming before us.

11:00:53 And if I have to beg council members, that this is

11:00:58 something -- it won't last forever.

11:01:00 These aren't going to be workshops that are going to be

11:01:02 every, you know, week or every other week or every month

11:01:06 north next four years.

11:01:07 This is for the next couple of months until we get through

11:01:10 the issues that are going to be transformative to our city.

11:01:14 >>HARRY COHEN: I'll be there.

11:01:32 It doesn't sound like there's going to be a quorum.

11:01:35 But it's 1:30.

11:01:39 >> And Councilwoman, I want to apologize.

11:01:43 Obviously I was at the last meeting, and not only did I find




11:01:46 it informative and compelling, I thought that it was very

11:01:49 important.

11:01:50 I really enjoyed it.

11:01:53 Anytime we can get Land Development Code that's enjoyable --

11:01:58 and I apologize that something has come up that I cannot

11:02:01 avoid and could not make.

11:02:02 So, again, I want to apologize.

11:02:04 >>LISA MONTELIONE: Apology accepted.

11:02:07 >>MARY MULHERN: I think that you have the opportunity, if

11:02:13 you want to have put something on the agenda to be do that

11:02:17 now.

11:02:19 I don't think you can have a quorum.

11:02:24 You have got four people missing.

11:02:26 So you could do that or you -- Councilwoman Montelione, the

11:02:34 other thing I was going to suggest, is come back next week

11:02:39 and schedule it at the next meeting, whichever.

11:02:41 >>LISA MONTELIONE: I'm sorry, microphone.

11:02:44 Councilman Cohen and I hopefully will still be there if

11:02:48 there are citizens who expected us to be there at 1:30 to

11:02:51 hear them.

11:02:52 So we'll have to change to a special discussion meeting.

11:02:58 There are citizens on their way downtown.

11:03:00 If you are listening and watching, maybe call my office so

11:03:04 that I can talk to you about whether or not it's worth your

11:03:08 while to make the trip down here.




11:03:13 And then if we can get a motion now to schedule the next

11:03:16 workshop, because the something that we need to keep up on

11:03:19 as issues move through this, the economic competitiveness

11:03:23 committee, and we need to hear preliminary information

11:03:31 that's needed in order to be well informed when we sit here

11:03:35 and take action.

11:03:35 >>MIKE SUAREZ: Do we need to make a motion to change it

11:03:42 from a workshop to a special discussion?

11:03:44 >>LISA MONTELIONE: Motion to change this afternoon's

11:03:46 workshop on land development to --

11:03:49 >>MIKE SUAREZ: I'll second it since I screwed up your

11:03:52 quorum.

11:03:52 I apologize again.

11:03:53 >>LISA MONTELIONE: You're not alone in that.

11:03:55 >>MARY MULHERN: I'm sorry.

11:04:00 So motion made by Councilman Suarez, seconded by

11:04:02 Councilwoman Montelione to change the title of the meeting

11:04:06 to special discussion today at 1:30.

11:04:13 All in favor?

11:04:15 Aye.

11:04:15 >>MARTIN SHELBY: Question, if I can, council.

11:04:20 Do you still intend to have staff present, or just to take

11:04:24 comment from the people who do show up?

11:04:26 What is your intent at 1:30?

11:04:28 >>LISA MONTELIONE: We can take comment from individuals who




11:04:33 do show up, because briefing two council members by staff

11:04:41 probably isn't a good use of their time.

11:04:44 >>MARTIN SHELBY: So you suggest to not have the staff

11:04:46 present?

11:04:46 Or could you put them on notice now they don't have to come

11:04:49 at 1:30?

11:04:50 >>LISA MONTELIONE: That's correct, Mr. Shelby.

11:04:52 Thank you for bringing that up.

11:04:57 So looking at the calendar --

11:05:02 >>MARY MULHERN: Can I just say this?

11:05:04 Because this process that's going on now the workshop idea

11:05:17 and the special discuss idea, when we have special

11:05:19 discussion meetings before the staff would come.

11:05:23 Even if there wasn't a quorum.

11:05:25 That's why we did it.

11:05:26 Because that's why we called it a special discussion,

11:05:29 because --

11:05:32 >> Only come to address Councilman Cohen and myself and that

11:05:35 doesn't seem like a good use of their time.

11:05:37 >>MARY MULHERN: Well, they are going to have to address --

11:05:50 you want to move forward with legislative matters that are

11:05:52 going to have to come to council, and staff is going to have

11:05:57 to work with all of us on this.

11:05:59 So I personally don't think it's a waste of their time to

11:06:02 talk to two people.




11:06:06 They are going to be talking to be each of us at once in the

11:06:11 future and hopefully the more --

11:06:16 >>LISA MONTELIONE: Let me put it this way.

11:06:17 Since I am already familiar with what staff is going to

11:06:20 brief, they are going to brief Councilman Cohen on those

11:06:22 things, and that again doesn't seem like a good use of their

11:06:25 time to brief one council member because I am already

11:06:28 familiar with the issues.

11:06:29 >>MARY MULHERN: This is what I am trying to explain to you.

11:06:37 Staff wasn't working very closely with you, with council.

11:06:39 This is a new staff, a new mayor, and they are able to do

11:06:44 that more.

11:06:45 I just don't want a continuation of the perception that

11:06:54 working with council is not a waste of staff's time.

11:07:01 It's their job.

11:07:04 Well, I want council to hear this, because we worked -- the

11:07:10 last council worked under this, some constraints of our

11:07:15 interacts was staff.

11:07:17 And I think we don't necessarily have to continue with that.

11:07:25 >>LISA MONTELIONE: No, staff has been wonderful.

11:07:28 They have been working very closely with us.

11:07:30 They have been available for questions.

11:07:36 The mayor has been very open about individual staff

11:07:38 meetings, meeting with -- individual staff members meeting

11:07:43 with individual council, and it's been a lovely experience




11:07:46 that I thanked the mayor for continuing that policy of an

11:07:52 open door between council and staff.

11:08:01 I don't know.

11:08:05 If bringing council forward for Councilman Cohen to be

11:08:11 briefed on issues and having the clerk having to, you know,

11:08:15 the clerk is not going to be there, of course there aren't

11:08:18 going to be any minutes.

11:08:19 >>THE CLERK: We will set up the recorder and it will be --

11:08:24 >>LISA MONTELIONE: But there won't be minutes distributed.

11:08:26 >> That would be up to you.

11:08:31 Month

11:08:33 >>MARY MULHERN: I will attend the meeting so you will have

11:08:35 be three council people.

11:08:37 If that makes any difference.

11:08:41 Mr. Shelby, what is your advice on this?

11:08:44 My reason for not always attending these meetings was when

11:08:48 it started out, my perception was this was kind of the

11:08:52 introduction, orientation, and for me to be there wasn't the

11:09:03 best use of my time.

11:09:04 But I will attend today.

11:09:05 >>LISA MONTELIONE: And the other day you came when

11:09:10 Councilwoman Capin, remember, came, so I appreciate your

11:09:15 coming down and trying to, you know, help this move forward.

11:09:19 I really do.

11:09:20 Thank you.




11:09:20 >>MARTIN SHELBY: And staff will be there and the clerk will

11:09:28 still be able to set up a recorder to be able to Mike it a

11:09:30 special discussion meeting.

11:09:31 Thank you.

11:09:32 And my suggestion is now moot.

11:09:34 >>LISA MONTELIONE: Thank you.

11:09:38 >>MARY MULHERN: Okay.

11:09:40 Anything else?

11:09:42 So 1:30 in the Mascotte room.

11:09:47 Councilman Cohen.

11:09:48 >>HARRY COHEN: Earlier in today's meeting when we were

11:09:51 discussing the Westshore overlay, Mr. Shimberg made a

11:09:54 suggestion that we ask legal to come back with some -- after

11:10:01 some review and some suggestions regarding changes that

11:10:05 could be made to chapter 5, specifically chapter 5-105.8,

11:10:16 and chapter 5, 116-point is, numbering of buildings.

11:10:20 The idea would be that they could address some of the

11:10:22 concerns that were raised by Ms. Vizzi, and the neighborhood

11:10:26 associations, but we would do so comprehensively on a

11:10:30 city-wide basis.

11:10:31 I would like to make a motion to ask legal to look at that

11:10:34 and to come back to us with a report at 10:00 a.m. on

11:10:39 October 6th.

11:10:40 >> Second.

11:10:45 >>CHAIRMAN: All in favor?




11:10:46 Aye.

11:10:46 >>FRANK REDDICK: Thank you, Madam Chair.

11:10:53 Two items.

11:10:54 One, at our CRA meeting on September 8th, I would like

11:11:02 Vince Pardo to come and explain to us the status of the

11:11:07 program in Ybor City.

11:11:10 I received son complaints than some employees might be laid

11:11:14 off as of October 8th.

11:11:15 And I would like for him to clear that up and make sure this

11:11:18 is not the case.

11:11:19 >>HARRY COHEN: Second.

11:11:21 >>MARY MULHERN: All in favor?

11:11:25 >>FRANK REDDICK: And -- I didn't say Aye.

11:11:28 [ Laughter ]

11:11:33 Okay.

11:11:34 The second thing is, I would like for someone from the

11:11:42 economic department to come with a recommendation at a

11:11:47 special called meeting we have on this to see how we can

11:11:52 implement a policy similar to what the county does with the

11:12:01 incentive program, QIT program, so that we can expedite this

11:12:08 and give us some recommendations.

11:12:10 >> Second.

11:12:11 >> I'm not sure what it is.

11:12:20 Changing the process of presenting the QTI?

11:12:23 >> Well, to make it more friendly to expedite.




11:12:29 >>LISA MONTELIONE: Adding incentives to the package.

11:12:33 What they did if I recall correctly is they lowered the

11:12:36 amount of the salary requirements, instead of being 150% of

11:12:44 median to 125.

11:12:49 It's like $49,000 and change.

11:12:52 Also change the area in which they considered the amount of

11:12:57 the salary to not just being Hillsborough County, but the

11:13:02 Tampa Bay region which would include Clearwater and

11:13:07 St. Petersburg.

11:13:09 They also made a change to the amount of money that would be

11:13:13 received, businesses locating within Hillsborough County

11:13:17 would get an additional, I think it was, $300, if they were

11:13:25 included in Tampa, Plant City or Temple Terrace, it would be

11:13:28 $150 from the county and it would be up to the individual to

11:13:32 match that in another 150.

11:13:35 And --

11:13:39 >> Also reduce the amount of time to be presented.

11:13:42 >> Right, right.

11:13:43 Instead of taking three county commission meetings in order

11:13:48 for approval of the QTI's application, it would only take

11:13:52 two.

11:13:52 So thereby were several provisions of the process that they

11:13:57 changed, and quite measure lily when you talk -- measurably,

11:14:04 and they lowered something else, too, besides salary

11:14:06 requirements.




11:14:06 I don't recall what it was.

11:14:08 >>FRANK REDDICK: And to ask staff to look at the policy and

11:14:13 if they can implement a recommendation to us to look at.

11:14:15 >> Okay.

11:14:16 >>MARY MULHERN: I would like to maybe have a larger

11:14:24 discussion about the process after the problems we faced

11:14:31 recently, and so I think -- that's fine.

11:14:49 I think it would be better -- next week we have your CRA

11:14:56 meeting.

11:14:57 We have workshop.

11:15:01 I think maybe if we could do it at our next regular meeting.

11:15:05 >> September 22nd.

11:15:06 >> Then I'll change that and request it for September 22nd.

11:15:14 >> Seconded by Mrs. Montelione.

11:15:16 All in favor?

11:15:17 Anyone opposed?

11:15:19 >> I have a couple of new business items.

11:15:23 First I would like to amend a motion I made on the

11:15:26 commendation last week to the Mayor's Hispanic heritage

11:15:29 committee to state that I will be presenting the

11:15:31 commendation at the event as opposed to them coming into

11:15:34 council.

11:15:34 And I would also like to move to present a commendation to

11:15:38 the Egypt Shriners Legion of Honor during their National

11:15:42 POW/MIA on September 16th.




11:15:45 >> Let's vote on your first motion.

11:15:48 >> All right, sorry.

11:15:50 >>MARY MULHERN: All in favor?

11:15:54 Aye.

11:15:55 >> And my second motion.

11:15:58 >>MARY MULHERN: All in favor?

11:15:59 And we have the date for that one?

11:16:01 >> For the second one?

11:16:03 Yes.

11:16:04 Thank you.

11:16:04 >>MARY MULHERN: Thank you.

11:16:07 I have one piece of new business relating to QTI.

11:16:14 I would like to pass the gavel to Councilman Cohen.

11:16:30 Michael Hatchett asked that we place a request for a QTI on

11:16:41 the September 8th, 9 a.m. council special called special

11:16:47 agenda.

11:16:47 It's interesting because they are asking to do this because

11:16:52 of this new speeded-up process which, from what I can tell,

11:16:56 is a result of our governor putting more money in the quick

11:17:04 closing incentives program of the state, which has been

11:17:07 pushing the county and the economic development council to

11:17:12 be asking us to do this more quickly, which I think is a

11:17:17 discussion we need to have before we agree to this in light

11:17:21 of recent -- what happened recently.

11:17:25 But we did get more than one week's notice for this request.




11:17:32 So if council would support that, I would move that we put

11:17:37 that on the September 8th agenda, special called meeting

11:17:43 at 9 a.m.

11:17:47 >>HARRY COHEN: Motion made by Councilwoman Mulhern,

11:17:50 seconded by Councilman Reddick.

11:17:52 All those in favor?

11:17:53 Opposed?

11:17:54 >>LISA MONTELIONE: If I may.

11:18:02 Regarding the speeded up process.

11:18:04 And we talked a little about when Mr. McDonaugh was here

11:18:10 last time about having these items come up.

11:18:13 And he's put in a spot where he can't make any guarantees to

11:18:19 companies that, you know, that he can get this before

11:18:22 council for three weeks or a month, depending on the

11:18:26 negotiations of when they are talking, and what our

11:18:28 schedules are, when our regular meetings are scheduled.

11:18:31 So having a special called meeting, when we have council

11:18:38 meetings or CRA meetings or we are hear for on the reasons,

11:18:40 and I think it's important that we send the message of

11:18:45 reassurance that we will meet when there is a time

11:18:49 constraint, and we need to respond to a company because, you

11:18:55 know, the world moves very fast, and a lot of companies

11:18:58 are -- their finance companies won't back them if they don't

11:19:04 have assurances from us as a city, that we are behind them.

11:19:09 >>HARRY COHEN: I agree.




11:19:13 >>MARY MULHERN: Anyone from the public who wishes to speak?

11:19:20 >> Are we done then?

11:19:48 (Meeting adjourned)

11:20:57

11:20:58

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