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TAMPA CITY COUNCIL

Thursday, February 23, 2012

9:00 a.m. workshop session



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09:06:21 >>CHARLIE MIRANDA: City council is called to order.

09:06:22 The chair yields to Mike Schwartz.

09:06:26 >>MIKE SUAREZ: I would like to introduce our speaker today,

09:06:28 pastor Reddick, no relation to our Councilman, and actually

09:06:33 Councilman Reddick will be missing today so you can replace

09:06:37 him if you want.

09:06:39 [ Laughter ]

09:06:43 But I know you don't want to do something improper.

09:06:50 He was born in Chicago, Illinois but grew up in Akron, Ohio,

09:06:54 joined the Army as a medical specialist and later

09:06:57 transitioned into recruiting.

09:06:59 While serving in the United States Army he received several

09:07:00 awards including the Glen E. Moreau award which is the

09:07:05 highest award in the last 12 years of his career.




09:07:08 It's his passion to make a difference and to love people no

09:07:11 matter what their situations are.

09:07:13 He has been married to his lovely wife Debra Reddick since

09:07:17 2009.

09:07:18 Whether walking the streets of the community where his

09:07:20 church is located, he eagerly listens to the concerns of the

09:07:23 people and we appreciate that because sometimes we need to

09:07:26 relearn that every Thursday.

09:07:27 So pastor Reddick, if you will leave us in the invocation.

09:07:30 Please stay standing for the pledge of allegiance.

09:07:33 >> First of all, I want to thank everyone for inviting me

09:07:39 here, and it's certainly a pleasure for me and my wife to

09:07:42 come.

09:07:43 And does that come with hazardous pay?

09:07:46 >> We can only wish.

09:07:48 >> So I would like to lead us in a prayer now.

09:07:52 In Hebrews 12:11 the word of God reads no discipline seems

09:07:56 pleasant at the time but later, however, it produces a

09:08:00 harvest of righteousness and peace for those.

09:08:04 Father God, I thank you for the people that you have led to

09:08:08 be in these positions of authority, Father God.

09:08:10 I pray that you continue to be with them through their

09:08:13 endeavors and I pray that you give them the encouragement to

09:08:17 continue to move forward with what you allow them to do.

09:08:21 Father God, they have been placed here, Father God, by




09:08:24 predestination on their lives, Father God, and because of

09:08:27 that, Father God, we pray that each and every day, Father

09:08:30 God, is done with honor, courage and self-esteem to continue

09:08:34 to allow them to move forward in your word, Father God.

09:08:37 We thank you, and we bless your name.

09:08:42 Amen.

09:08:42 [ Pledge of Allegiance ]

09:08:48 >> You have one more, but thank you very much for your time.

09:09:08 >>CHARLIE MIRANDA: Roll call.

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

09:09:14 >>HARRY COHEN: Here.

09:09:15 >>LISA MONTELIONE: Here.

09:09:17 >>CHARLIE MIRANDA: Here. Okay. Thank you.

09:09:20 You see, one two, three, four council members.

09:09:25 It's going to be unanimous, right, chief of staff?

09:09:28 You better treat us nice.

09:09:30 Ceremonial activities.

09:09:32 Mr. Harry Cohen will make the presentation to a very

09:09:35 honorable cause, police Officer of the Month.

09:09:38 >>HARRY COHEN: Good morning, everyone.

09:09:48 I am very honored to be standing in for Mr. Reddick this

09:09:51 morning who normally makes these presentations.

09:09:54 I am going to turn it over to our police chief Jane Castor.

09:09:59 >> Chief Castor: Thank you again for the opportunity to

09:10:04 bring one of Tampa's best and brightest before you.




09:10:07 Today, we are honoring Jeremy Fung as Officer of the Month

09:10:13 for February 2012.

09:10:15 And before I get into the particulars of why he is being

09:10:19 honored specifically today, I just want to say that Jeremy

09:10:23 has only been with the Tampa Police Department for three

09:10:25 years, and he basically has the experience and the aptitude

09:10:31 and attitude of a 20-year veteran. He works hard every day

09:10:35 in his area of responsibility, which is West Tampa.

09:10:41 There you go, Chairman Miranda, he is your guy. Everybody

09:10:44 in West Tampa knows Jeremy.

09:10:46 And Jeremy understands the importance of that partnership

09:10:50 with the community.

09:10:51 It's the community that is going to keep their neighborhood

09:10:54 safe with Jeremy's assistance, not other way around, and he

09:10:59 knows everyone out there and they all feel very, very

09:11:01 comfortable coming to him with information knowing that he's

09:11:04 going to do the right thing every day.

09:11:07 Specifically back in late December, you may recall that we

09:11:12 had a couple of individuals that were stealing vehicles, and

09:11:15 they were driving through parking lots, malls and

09:11:20 supermarkets, and stealing purses off of women's arms doing

09:11:25 some beat-down robberies as we refer them as.

09:11:28 One of the victims actually held onto her purse and was drug

09:11:31 about 40 feet, and there was an individual who was a truck

09:11:35 driver, was make -- or had made a delivery to this




09:11:39 particular supermarket and we recognized him in our monthly

09:11:42 awards ceremony at the police department.

09:11:44 He started from a dead stop and chased down the vehicle, was

09:11:49 able to get a tag number.

09:11:50 Now, this happened all the way over in the east side of

09:11:53 Tampa at the Tampa-Hillsborough County border.

09:11:57 That information was put out over the radio system, and

09:12:02 Jeremy, like a good police officer, copied all of that down

09:12:06 and he found that vehicle driving down Main Street.

09:12:08 He calmly followed behind the stolen vehicle while he got

09:12:13 air service, K-9, other officers on the way.

09:12:16 The bad guys figured out he was behind them and thought this

09:12:19 would be a good time to make their getaway and they took

09:12:22 off.

09:12:23 So he got in pursuit.

09:12:24 They crashed their car at main and Oregon, jumped out and

09:12:28 ran, and officer Fong was in hot pursuit of one of the

09:12:32 suspects who ducked into an apartment.

09:12:34 A citizen approached him and said that's where the bad guy

09:12:36 is at.

09:12:37 So they surrounded the apartment, got K-9 unit there, and

09:12:41 the K-9 unit went into the apartment, the guy didn't think

09:12:44 it whats a good time to give up, the dog by the him and he

09:12:47 thought it was a good time to give up.

09:12:49 So based on Officer Fung's attention to duty, knowledge of




09:12:53 the community, the community partnership, he was able to get

09:12:57 these two individuals off the street, because they weren't

09:12:59 going to stop this robbery pattern that they had started

09:13:02 days earlier.

09:13:03 So for that reason, and for all the other things that he

09:13:06 does on a day-to-day basis, to keep West Tampa safe, he is

09:13:10 being recognized as our Officer of the Month for February

09:13:13 2012.

09:13:14 Thank you.

09:13:14 [ Applause ]

09:13:15 >> I just want to thank City Council forgiving me this

09:13:27 opportunity to be here.

09:13:28 I would like to thank the chief and her staff for this

09:13:30 recognition and honor.

09:13:32 Also, my squad.

09:13:35 Every day it's a team effort.

09:13:37 My squad helps me out.

09:13:38 And officer Farrell, K-9 officers Kim Burton, they played a

09:13:45 pivotal part in helping us capture these two suspects.

09:13:49 I would like to thank my mom and dad for their love and

09:13:51 support, and also my girlfriend.

09:13:54 Thank you.

09:13:55 [ Applause ]

09:14:02 >>> Well, Officer Fung, it's my pleasure to present you with

09:14:04 this commendation which congratulates you for your years of




09:14:07 dedicated service, and your willingness to go above and

09:14:11 beyond the call of duty.

09:14:12 We appreciate it and we appreciate everything you do.

09:14:19 >> Good morning.

09:14:22 I'm Frank DeSoto with Bill Currie Ford on behalf of the

09:14:25 curry family and all the employees at Bill Currie Ford, we

09:14:30 would like to congratulate you on a job well done and

09:14:32 present you with this watch for our appreciation.

09:14:34 Thank you very much.

09:14:36 [ Applause ]

09:14:40 >>> I'm Judy Joseph the Straz Center.

09:14:44 I thank you so much for your service to our community.

09:14:47 It's so amazing.

09:14:48 My heart is racing versus onstage where it's more matter of

09:14:54 fact.

09:14:54 A couple of tickets for a good night out for you to enjoy

09:14:57 yourself.

09:14:58 [ Applause ]

09:15:04 >> Chip Deblanc of the TBA.

09:15:09 I would like to tell you how much we appreciate your fine

09:15:13 service to the community.

09:15:14 We would like to honor you here with a gift certificate, or

09:15:18 gift card from American Express to spend however you like.

09:15:25 [ Applause ]

09:15:29 >> Steve Stickley representing Stepps towing service, Jim




09:15:34 and Jude.

09:15:36 A pleasure to have Todd with us this morning.

09:15:40 We would like to congratulate you and thank you very much

09:15:42 for your commitment out there and we would like to give you

09:15:45 a token of our appreciation, and also a gift card to Lee Roy

09:15:51 Selmons.

09:15:52 Thank you very much for what you do.

09:15:54 [ Applause ]

09:16:00 >> Joe Dirkman, Bright House networks.

09:16:04 On behalf of all of us at Bright House, congratulations on

09:16:07 your selection for Officer of the Month.

09:16:09 We would like to present you with one month free

09:16:12 complimentary service on all of our services, high speed

09:16:15 video and home phone.

09:16:17 Congratulations.

09:16:21 [ Applause ]

09:16:25 >> And these roses are really not for you.

09:16:29 They are for your young lady that you are dating.

09:16:31 We do weddings, also.

09:16:34 [ Laughter ]

09:16:37 >> Thank you very much.

09:16:38 [ Applause ]

09:16:43 >>STEVE MICHELINI: Now he got you in trouble.

09:16:45 I am going get knew more trouble.

09:16:46 Is that okay?




09:16:47 >> Sure, go ahead.

09:16:48 >> How about a photo package for you and your girlfriend?

09:16:52 Would you like that?

09:16:54 >> As long as they are not wedding photos.

09:16:57 [ Laughter ]

09:17:03 >> It's your option.

09:17:08 On behalf of prestige photos formerly known as Bryn Allen

09:17:12 studios, we are going to give you a package for you and

09:17:16 whomever, whenever and however you want to do it.

09:17:18 And then on behalf of Bern's steakhouse, you can apply that

09:17:21 anyway you want with the roses, without the roses, however

09:17:25 you want to do it.

09:17:32 Every month that we do, this you find a lot of friend.

09:17:35 So they are going to help you out here.

09:17:37 But congratulations.

09:17:38 We appreciate what you do.

09:17:39 Thank you very much.

09:17:42 [ Applause ]

09:17:54 >>CHARLIE MIRANDA: Best of luck in survival after you told

09:17:58 that to your girlfriend.

09:17:59 [ Laughter ]

09:18:02 Thank you, chief.

09:18:03 Nice to see all of you.

09:18:05 All right.

09:18:05 This morning, that was item number 1.




09:18:08 Item number 2 is a resolution, but before we do that,

09:18:17 there's one section of public comments for 30 minutes for

09:18:20 items that specifically addresses public comments on item

09:18:23 number 2.

09:18:24 So I'm sure you have heard about this.

09:18:28 It's been on the radio, in the newspapers, it's a contract

09:18:32 between the city and the county, something that's been long

09:18:36 coming, and does anyone from the administration make to make

09:18:43 briefly comments?

09:18:44 And then we'll let the public comment on it.

09:18:46 >> Santiago Corrada, chief of staff.

09:18:50 Let me begin by thanking you for taking this item on a

09:18:53 workshop day.

09:18:54 We really appreciate you noting the importance of the item

09:18:57 and allowing us to present today and also thank you for the

09:18:59 time you have taken to meet with staff and get briefed on a

09:19:02 very complicated contract, but also very historic contract

09:19:06 for us.

09:19:07 This morning, we are respectfully asking for your support

09:19:10 and approval of a master agreement between the City of

09:19:12 Tampa, Hillsborough County, and Application Software

09:19:15 Technology Corporation, also known as AST for the

09:19:19 implementation, hosting and maintenance and support of an

09:19:23 enterprise resource planning system as well as approving the

09:19:26 first amendment to the interlocal agreement between the




09:19:29 participating agencies for the procurement of said system.

09:19:32 The combined cost of the contract as highlighted in the item

09:19:35 is $34,184,295 with the city's share being $15,296,706, and

09:19:45 the county's share being $18,887,589 or roughly a 41-59%

09:19:53 split.

09:19:54 As you have been briefed. You know the ERP is an integrated

09:19:58 technology solution that replaces an aging system that will

09:20:03 improve information access support management decision

09:20:06 making, reduce total ownership cost and risk and business

09:20:10 processing.

09:20:10 We have all been frustrated when we have been asked to

09:20:13 provide information, data, historical analyses, in our

09:20:17 system just can't do that.

09:20:19 You have been frustrated with us.

09:20:20 We have been frustrated with the existing systems.

09:20:23 And this is really a solution that will revolutionize our

09:20:26 technology and our ability to make efficient and timely

09:20:30 business decision.

09:20:31 Our joint collaboration began in 2009 and the work on the

09:20:36 project has spanned administrations of both the city and

09:20:42 county.

09:20:42 As I heard this morning, I thought about the pain and

09:20:45 suffering before the harvest, and our team, our incredible

09:20:48 team -- and I will introduce them in a moment -- have worked

09:20:51 so diligently to make the day a reality.




09:20:53 It's been an uncredible journey, and it strengthens and

09:20:57 solidifies the relationship between the county, the city,

09:20:59 the clerk of the circuit court and the civil service board,

09:21:03 and is a huge step toward a more collegial and collaborative

09:21:06 process between all of our agencies, the joint acquisition

09:21:10 resulted in an estimated $6.5 million in savings, over the

09:21:14 independent implementation of the system by the

09:21:16 participating agencies, and this includes a $318,000

09:21:21 incentive in cost savings in both the city and county

09:21:25 approve before the end of February.

09:21:27 Yesterday, the county approved unanimously the contract, and

09:21:32 we heard words from some of our county commissioners like

09:21:37 momentous, historic, unparalleled, and it truly is.

09:21:40 This has been the work of an incredible team of individuals

09:21:43 from both the city, the county, civil service board, and the

09:21:46 clerk of the circuit court, civil service board.

09:21:50 I am going to mention some names that are no longer with us

09:21:54 that started this project, and some folks who started with

09:21:58 the city, now with the county, with the county now, Bonnie

09:22:01 Wise, who is the chief financial administrator, and she

09:22:04 started on this project here with the city.

09:22:06 We have Eric Johnson, director of strategic planning and ERP

09:22:10 implementation with the county. We have Dan Klein, who is

09:22:13 the chief deputy clerk for the Circuit Court and the Board

09:22:16 of County Commissioners. We have Dane Peterson, the




09:22:19 director of the Hillsborough County Civil Service Board; Dan

09:22:22 Proto, the director of the county audit and was a part of

09:22:26 the process as well. And then we have Orlando and Sasha

09:22:31 Brown with county legal staff, John Benson, procurement

09:22:35 supervisor with the county; and Don Munzwitz, the program

09:22:39 manager with the city; Sonya Little, our chief financial

09:22:42 officer; James Buckner; Darrell Smith, who began the project

09:22:45 way back in 2009; Steve Daignault, Kimberly, Rex Bierman,

09:22:50 Sal Territo, Marcie Hamilton, Russell Hoffer, Anabell

09:22:53 Hightoff, Dennis Rogerio, and we also have representatives

09:22:56 from the vendors here this morning, ASP and Oracle.

09:23:00 So with that very, very general overview and brief

09:23:03 presentation, again on behalf of administration, I'm asking

09:23:08 for your support this morning in the approval of the

09:23:10 contract, and we are open to any questions that you might

09:23:11 have about it.

09:23:14 >>CHARLIE MIRANDA: Honestly, I thought when you started

09:23:16 naming all these names, it was your spring training roster.

09:23:19 >> Any good ball manager would want to have.

09:23:24 Could you indulge me in having all of them stand, please?

09:23:27 Because they have worked forever on this project.

09:23:29 Will all the members that have worked on the project please

09:23:31 stand?

09:23:31 >> On that comment we'll allow three minutes for any speaker

09:23:46 who would like to speak on this resolution.




09:23:48 I see no one.

09:23:54 I need a motion and second.

09:23:57 >>YVONNE CAPIN: So.

09:24:01 >>LISA MONTELIONE:

09:24:03 >>YVONNE CAPIN: So moved.

09:24:04 I moved it.

09:24:07 >>CHARLIE MIRANDA: All right, Ms. Capin.

09:24:09 Seconded by Mr. Suarez.

09:24:10 Anything else?

09:24:11 >> Move the resolution.

09:24:15 >> It's already been moved.

09:24:17 >>HARRY COHEN: I think everyone is very enthusiastic.

09:24:25 >> My hearing is like my hair.

09:24:28 But anyway, I got a motion by Mrs. Capin, second by Mr.

09:24:32 Suarez.

09:24:33 All in favor on resolution 2?

09:24:36 The ayes have it unanimously.

09:24:37 Thank you very much.

09:24:38 Please leave quietly.

09:24:43 All right.

09:24:44 Now we go to the comments, at the end of the workshop we'll

09:24:50 do the comments on the workshop for the public.

09:25:00 Item number 3.

09:25:38 >>THOM SNELLING: Could I have the PowerPoint, please?

09:25:42 >>CHARLIE MIRANDA: Mrs. Montelione, before we start.




09:25:44 >>LISA MONTELIONE: I noticed that during the last

09:25:47 presentation that the students had entered the chamber and I

09:25:51 want to take a moment to introduce them this morning.

09:25:54 We have a class of fifth graders from the American youth

09:25:58 academy, and they are accompanied by Ms. Angel Castor, their

09:26:03 teacher.

09:26:03 So welcome to City Council.

09:26:05 And it was several month ago -- it's been a long time in the

09:26:10 making that I received a message from Ms. Castor about the

09:26:13 possibility of coming to old City Hall for a field trip.

09:26:17 The reason they chose this month is that they are learning

09:26:19 now, in their classrooms, about government.

09:26:22 And we jumped at this opportunity because as we know, in

09:26:27 schools, municipal government, local government, it often

09:26:31 gets overlooked in their lessons.

09:26:33 So they will be watching council's proceedings for a while,

09:26:36 and then they will be taking tours of the clerk's office.

09:26:41 They have graciously been invited up to the city attorney's

09:26:45 office, and the chief of staff, the CFO, and the

09:26:49 representative from the parking division and the chief of

09:26:52 police.

09:26:52 So we want to take a moment to welcome them to council and

09:26:56 hope they learn a lot about city government.

09:26:58 You folks have an aggressive schedule of meeting all our

09:27:03 city officials, so have a good time, learn a lot, and report




09:27:07 back on what you heard.

09:27:10 I would love to have a follow-up on what you felt was a good

09:27:14 take-away lesson from what you saw here today.

09:27:16 Thank you.

09:27:18 >>CHARLIE MIRANDA: Thank you very much, Mrs. Ms. Montelione.

09:27:20 Okay, sir.

09:27:22 >>THOM SNELLING: Growth management development services.

09:27:26 And I am here in the council workshop, February 23rd.

09:27:40 The motion was to discuss the block grant and implications

09:27:44 of the reductions we are having T in next year's allocation

09:27:48 of funding.

09:27:53 As you can see, the 2012 actual dollars for CDBG as well as

09:27:59 home total approximately $5.3 million.

09:28:03 And the upcoming year is approximately 3.9 which represents

09:28:07 about a $1.4 million funding reduction between the two

09:28:15 primary sources for a lot of our various social service and

09:28:19 community agencies.

09:28:24 One of the things that really steers what will affect

09:28:33 funding allocations, what types of services, what types of

09:28:36 programs we are going to fund, is totally based within the

09:28:39 five-year consolidated plan.

09:28:41 Within that plan, as part of a preparation of that plan,

09:28:48 they go through extensive community survey, they go through

09:28:51 community needs analysis, which also includes the census

09:28:55 data and on the available data the city has at its disposal




09:29:00 to what type of community needs are out there, and it's a

09:29:03 fairly extensive public participation process going out over

09:29:08 the community.

09:29:09 As you know, you approved the consultant fee the previous

09:29:14 council meeting, and they are beginning that process now.

09:29:18 From that process, you develop your one-year action plan,

09:29:23 and the action plan is really the implementation of each of

09:29:27 the goals and objectives that are identified throughout your

09:29:30 five year plan, and every year it's refreshed and the plan

09:29:33 goes out for a one-year action plan which is really the

09:29:36 implementation of your goals and objectives.

09:29:40 The RFP process is one of the primary drivers of the

09:29:46 implementation of the action plan, because it's from that

09:29:50 RFP process that the various agencies who are looking for

09:29:53 funding through either the CDBG or home or emergency shelter

09:29:57 grants, hope and some of the others, they really identify,

09:30:03 they go through the RFP process, they compete for those

09:30:06 dollars, a team analyzes how that money is going to be spent

09:30:10 and how the community wants to have that money spent, and

09:30:13 that's why the citizen survey and citizen participation

09:30:17 process takes place within the five-year plan.

09:30:20 It's so important because it really identifies how the

09:30:22 community wants their community development block grant

09:30:25 dollars spent.

09:30:29 Long story short, the question before us was what kind of




09:30:34 implication that was going to have going forward.

09:30:40 It's fairly straightforward.

09:30:42 There are no magic conversations about what's going to

09:30:45 happen.

09:30:47 There will likely be program funding allocations when you

09:30:50 lose $1.4 million from one budget year to the next.

09:30:54 It's going to affect your program, the programs that you

09:30:58 have, the number of people you are able to serve, the

09:31:00 various agencies you are able to serve.

09:31:02 There's also a possibility that it will have staffing

09:31:07 implication.

09:31:10 As you have experienced in the past few budget years where

09:31:12 there has been staff reductions overall because it's a

09:31:16 direct reflection of the reduction of funding sources, the

09:31:19 ad valorem taxes and especially some of the grant dollars

09:31:24 that we receive.

09:31:25 The reality is, council, it will probably be some

09:31:28 combination of both.

09:31:30 We are fortunate that we do have some vacancies right now.

09:31:34 So I have a lot of faith that it will not affect actual

09:31:41 people, but positions, some of the vacant spots may actually

09:31:44 be reduced.

09:31:46 That's it.

09:31:47 I'll answer any questions.

09:31:47 Again, there's no mystery about how the dollars are spent




09:31:53 are completely and totally based on the five year plan and

09:31:56 the one-year action plan that we have just started that

09:31:59 process.

09:32:02 Going out, we are getting a lot of those community meetings

09:32:04 in February and throughout March.

09:32:06 I can provide you with a time line.

09:32:10 We will be communicating to you when and where those

09:32:12 meetings will be held.

09:32:14 We can provide you a copy of the survey that they are going

09:32:16 to use.

09:32:17 Within that survey, they talk about the various kinds of

09:32:19 social needs or service needs and program providers that the

09:32:24 community wants to have, and also asks about economic

09:32:27 development programs, it also asks about the homeless

09:32:29 facilities and homeless problems or programs, but it's

09:32:33 really important because that is the requirement from HUD

09:32:38 that you reach out to your community and may threat powers

09:32:44 that be know exactly how they would like to see their

09:32:47 community dollars spent.

09:32:48 >>CHARLIE MIRANDA: Any questions by council members at this

09:32:49 time?

09:32:50 All right, public.

09:32:52 Anyone in the public care to speak on item number 3 at this

09:32:54 time? Come forward.

09:33:02 This is regarding exactly what he spoke about.




09:33:04 >>> My name is Don Rhode, located at 412 made son street.

09:33:12 I think in any discussion of homeless services that council

09:33:17 should consider in the future using the Land Development

09:33:19 Code, the building code, because that's apparently one of

09:33:26 the suggestions that the mayor had made recently when he

09:33:29 said this is more in his area of expertise rather than that

09:33:32 of council, that this can't be addressed 30 minutes every

09:33:36 week or every other week, but rather the Land Development

09:33:38 Code be used to better utilize some of the funds that are

09:33:44 going to be cut by developing a procedure whereby Land

09:33:50 Development Code is used to create exceptions and exemptions

09:33:56 for facilities that are used to house the homeless that

09:34:01 would otherwise not be approved by the city code relative to

09:34:07 density, relative to the sufficiency of the housing that

09:34:13 would be called substandard housing.

09:34:16 That way, more people could be assisted with less resources.

09:34:22 In the future, I know you hate it when I come here --

09:34:29 >>CHARLIE MIRANDA: I don't hate anything.

09:34:30 Not even you.

09:34:30 >> Thank you.

09:34:32 I know whenever we talk about amending the city code, we act

09:34:34 as though Job and Muhammad and Jesus Christ wrote it, but

09:34:39 they didn't, and this would be an area that council could

09:34:45 utilize its ability to pass legislation that could create

09:34:51 some opportunity to serve homeless people more affordably.




09:34:56 Thank you very much.

09:34:59 >>CHARLIE MIRANDA: Thank you.

09:35:00 Anyone else?

09:35:02 Let me just say that in my opinion of one, although

09:35:08 homelessness is a big problem here and throughout the world,

09:35:11 and the way we are structured in government, the

09:35:14 responsibilities, although we try to do the best that we can

09:35:17 with very limited resources, are that of the state and the

09:35:21 county government.

09:35:22 And those are the ones that have a lot more dollars attached

09:35:27 to helping the homeless and those individuals in need.

09:35:32 But sometimes we have difference of opinions, and I can

09:35:36 appreciate that.

09:35:36 Let me just say that what was said or not said by the mayor

09:35:42 doesn't matter with me, because that was one part of the

09:35:45 story that you don't know the whole facts.

09:35:47 One sentence here, one sentence there.

09:35:49 And I'm not trying to cover up what the mayor said or didn't

09:35:52 say, but that's the reality of the positions that we are in.

09:35:56 You can't write a story and have 14 pages of dialogue.

09:36:01 They'll fire the reporter.

09:36:04 And then the headlines are not written by the reporter.

09:36:07 They are written by someone else.

09:36:08 So I am going to keep going forward irrespective of what the

09:36:17 mayor said or anybody else said.




09:36:19 Ms. Montelione.

09:36:20 >>LISA MONTELIONE: Thank you, Mr. Chair.

09:36:22 Mr. Snelling, I have in my background a different

09:36:28 presentation than the one that you had shown, and it

09:36:35 includes a couple of charts and graphs, and one of the

09:36:41 pages, this is dated August 5th, 2011.

09:36:46 I don't know if it was background material included from

09:36:52 what was previously provided.

09:36:54 And we had some 2012 funding projects listed, and 2012

09:37:00 nonfunded agencies for CDBG funding.

09:37:08 And for this year, under the non-funded agencies, it was

09:37:15 homeless coalition, Hillsborough County for $55,000.

09:37:25 Is that still correct?

09:37:27 >>THOM SNELLING: Yes.

09:37:28 The money nor past year for 55,000 for homeless coalition,

09:37:33 that's correct.

09:37:33 >> Is that funded or nonfunded?

09:37:37 >>THOM SNELLING: The new fiscal year there is nothing funded

09:37:39 at this point.

09:37:40 But what's funded currently, yes, homeless coalition.

09:37:45 >> I am worried they along with other projects that serve

09:37:52 the homeless veterans, for instance, Tampa crossroads is on

09:37:55 this list, along with a lot of other, you know, worthy

09:38:00 programs, will be losing money in this upcoming fiscal year.

09:38:08 >> I worry about as well, Councilwoman.




09:38:12 >>LISA MONTELIONE: The opportunity that this provides us,

09:38:15 if you want to call it an opportunity, is to step up our

09:38:21 grant writing to other agencies other than the traditional

09:38:28 sources we usually apply to.

09:38:30 And I usually always want to know or ask, where are we with

09:38:38 hiring someone in a grant writing business?

09:38:42 Because our staff is so overwhelmed that since we have to

09:38:47 step up the grant writing and we have to try and fill this

09:38:51 gap left by the reduction in federal funds coming in, we

09:38:58 have to step up the process and applications, and those

09:39:04 applications are not small.

09:39:06 Some of them are 200, 300 pages of applications, and the

09:39:12 competition is high because everybody is losing money from

09:39:15 the traditional federal government sources.

09:39:18 So do we have the capacity on staff now?

09:39:21 And is there any --

09:39:27 >>THOM SNELLING: In the staff I have either in land

09:39:28 development or --

09:39:30 >>LISA MONTELIONE: I'm sorry, you have to speak up.

09:39:31 I think microphones are not turned up high enough.

09:39:34 >> We have some limited capacity to write some smaller

09:39:38 grants, Luke the more complicated ones that have a little

09:39:40 bigger dollar value, you are correct, we did use some

09:39:43 assistance in that.

09:39:44 And I believe there is a process to refine the grants.




09:39:50 Exactly where they are in the process I have to get back to

09:39:52 you on that one.

09:39:53 >> He's jumping out of his seat back there.

09:39:57 >> Dennis O'Hara, revenue and finance department.

09:40:03 I was just coming up to tell you it's posted.

09:40:06 There are applications out there.

09:40:08 >>LISA MONTELIONE: There is?

09:40:09 So we have an employment opportunity at the City of Tampa.

09:40:13 >> Creating jobs.

09:40:14 >>LISA MONTELIONE: It's creating jobs.

09:40:16 We have an employment opportunity for a grant writer.

09:40:19 Anyone out there listening, go to the city's Web site and

09:40:22 check out that job sourcing.

09:40:24 Thank you for that, Mr. O'Hara.

09:40:27 That's exciting news.

09:40:29 So we will have somebody who is going to supplement staff

09:40:33 because I know it's very difficult when you are working on

09:40:37 so many projects at the same time to take on another task as

09:40:41 daunting as that one.

09:40:44 >>THOM SNELLING: And many opportunities being afforded just

09:40:46 by the HUD challenge.

09:40:47 That is such a great opportunity for that going forward.

09:40:50 And that's just another example of that.

09:40:52 >>LISA MONTELIONE: As I said before, there is opportunity

09:40:55 in the CDBG funding for economic opportunity, and we haven't




09:41:00 in the last plan, the last one-year plan, I think last

09:41:05 five-year plan, we only put 3% of our application behind

09:41:11 economic opportunity category of fundable expenses, or

09:41:16 fundable programs.

09:41:20 >>THOM SNELLING: Again just to reiterate, all of our

09:41:23 one-year plans that we implemented going forward with based

09:41:26 on implementing our previous five-year plan.

09:41:28 With this new survey there are many questions within the

09:41:31 survey that asked about, you know, what kind of economic

09:41:34 development opportunities or economic development programs

09:41:36 you want to see happen.

09:41:37 It's going to be interesting for me to see how that fares

09:41:42 this time in the community when you get the survey because I

09:41:45 think you will see a bit of a difference.

09:41:46 Five years ago we weren't in the position we are in now, and

09:41:49 come forward five years, there's going to be quite a

09:41:52 difference, I believe.

09:41:55 >>CHARLIE MIRANDA: Thank you.

09:41:55 Anyone else?

09:41:56 Thank you very much, Mr. Snelling.

09:42:01 Okay.

09:42:02 We go to item number 4.

09:42:04 >> David Vaughan, director of contract administration.

09:42:47 Thank you for the opportunity to share this information with

09:42:49 you today.




09:42:50 I hope that you find it helpful.

09:42:53 And I hope you find that it addresses the questions and the

09:42:57 items that you asked me to talk about today.

09:42:59 I am not going to read the report, but I would like to walk

09:43:03 through it very briefly, I have some information to augment

09:43:07 the comments that are there, let you know more specifically

09:43:10 about the process that's currently underway, actually was

09:43:14 underway prior to the request of this report of an overall

09:43:18 review of our boilerplate, and the logical place to start is

09:43:21 to talk about what is it, and where did it come from, and

09:43:25 how generally does it change?

09:43:28 And very simply the boilerplate is the -- it's the glue that

09:43:34 hold together the very elements of the contracts.

09:43:36 It incorporates plans and specs and the bidding requirements

09:43:41 and makes the contract.

09:43:43 Commonly referred to as the front end, and usually because

09:43:46 it's the first portion of the specifics book and the back

09:43:51 end of the book are those individual technical

09:43:53 specifications that are prepared for the particular project.

09:44:01 As you know, and as listed in the report the city does lots

09:44:05 of different kind of projects from putting pipes underground

09:44:11 to building roads to building fire stations and community

09:44:14 centers to remodeling office space.

09:44:18 And so this document has to be comprehensive enough to

09:44:22 address the various issues that are going to arrive as well




09:44:26 as have some flexibility in it to allow it to meet the

09:44:30 particular project needs.

09:44:31 When I got here in 1986, the base you can boilerplate that

09:44:36 we use today was in use and has been in use, I'm not sure

09:44:39 how much longer before I had.

09:44:42 It was developed specifically for the city by Josephine

09:44:47 Howard Stafford, a name that I think is familiar to most if

09:44:50 not all of you, the first female attorney in Hillsborough

09:44:53 County, specialized in construction law and served for

09:44:56 decades for the city in that capacity, and I had the honor

09:45:00 of working with her for several years, and it was a very

09:45:04 deliberative attempt to develop a document that was tailored

09:45:08 for the city's needs.

09:45:10 There are lots of canned documents out there by various

09:45:14 organizations, they all have their various slants and

09:45:16 emphasis.

09:45:16 Our intent was not to use those but have a document that

09:45:19 addressed our needs.

09:45:21 I'll share with you that conservatively I have brought to

09:45:26 council over 2,000 contracts using this boilerplate.

09:45:31 And it's been used a lot, it's been used meantimes, and it's

09:45:35 been successful.

09:45:37 If you start counting up the number of protests that we have

09:45:40 received during the that time, add to it the number of

09:45:43 appeals, add to it the number of people, the number of




09:45:50 lawsuits, and just for fun add the number of folks who have

09:45:53 come to council formal meetings and posted complaints -- I'm

09:46:00 exaggerating a little bit but I probably got a finger or

09:46:04 two.

09:46:05 It's really a minuscule amount, a small fraction of one

09:46:10 percent.

09:46:11 There are legal benefits to the length of time that we have

09:46:15 used this document and the way that we have applied it.

09:46:19 It's a legal term -- and I am not a lawyer.

09:46:22 I think with the finance folks, there are more lawyers in

09:46:25 the audience than anything else -- but the term custom of

09:46:28 usage is something that we enjoy because of the way that we

09:46:32 have consistently used and applied this document over the

09:46:35 years.

09:46:36 So that means when we start talking about changes, we are

09:46:39 very careful about changes.

09:46:42 There are some things in the documents that change on a

09:46:45 per-project basis.

09:46:46 How long is the project going to last?

09:46:48 Does it have liquidated damages?

09:46:53 Is there special work that requires particular insurance

09:46:56 coverage?

09:46:56 Those things are tailored, but by and large the changes to

09:46:59 the rest of the document only occur because there is a legal

09:47:05 change, there is a program change, or there is some -- we




09:47:10 have learned something we didn't know before that would be a

09:47:12 better way to do it.

09:47:15 Contract administration -- and this is an important point --

09:47:18 does not unilaterally change the boilerplate.

09:47:21 We get input from legal, from risk management, from the MBEO

09:47:27 office and from the user departments, from the

09:47:30 administration, and so we don't -- we are not sitting over

09:47:34 next door going, I don't want to do that on this project, we

09:47:37 are not going to do it.

09:47:40 Yet it is reviewed to make sure it's consistent with the

09:47:43 rest of the document.

09:47:46 As we look, the boilerplate is made up of four parts.

09:47:51 They are interrelated.

09:47:54 I hesitated a little bit about using this analogy, but it's

09:47:57 kind of like the old far side cartoon where they are in the

09:48:00 operating room, and they are gathered around watching the

09:48:03 surgeon doing brain surgery, and the patient's foot is

09:48:07 wiggling and the doctor goes, oh, look what happens when I

09:48:10 do this.

09:48:10 It's very important that we don't make arbitrary changes to

09:48:13 the documents.

09:48:15 We are in the process right now, as I said, with legal going

09:48:17 through, particularly the agreement and the general

09:48:22 conditions, looking at section by section.

09:48:26 We have some third party pro bono legal help that's also




09:48:29 assisting us with this.

09:48:31 It's going to impact not only those documents, mostly in

09:48:34 formats, and simplicity, but it's going to affect some of

09:48:38 the other sections, maybe eliminate the sections, just

09:48:41 because most of the stuff that's in this fits someplace else

09:48:45 better in the documents.

09:48:46 The first part is the bidding requirements.

09:48:48 That's where the rules are for how you submit your bid.

09:48:53 It gives you some projects, specific information.

09:48:56 There is a portion of the instructions to bidders that is

09:49:00 kind of a general condition kind of instruction that is

09:49:03 being reviewed as part of this overall process.

09:49:07 This section also includes our insurance requirements.

09:49:10 It also includes the SLB program.

09:49:14 Those items are not changed unless -- those changes

09:49:17 generally originate from those organizations and are

09:49:21 coordinated with legal.

09:49:23 The second part is bid forms.

09:49:25 That's the stuff you fill out.

09:49:26 It's what the contractor tells us here is how much I am

09:49:29 going charge you.

09:49:32 It's where he affirmed that his bid is valid.

09:49:36 It tells us some required information about the legality of

09:49:42 the firm to be able to perform the work.

09:49:44 Part 3 is the contract itself.




09:49:46 It's the agreement, and the public performance bond.

09:49:50 This is the document that council authorizes the mayor to

09:49:54 sign.

09:49:55 The mayor signs it.

09:49:56 The contractor signs it.

09:49:57 And it incorporates all of the other documents, become the

09:50:02 contract documents in the contract.

09:50:05 Part 4 is the general provisions -- and these are general

09:50:08 provisions, just like there are common contract terms, there

09:50:12 are common specifications terms for the individual technical

09:50:19 specs that appear on the document, things like how are you

09:50:21 going to do the work, what's the quality of the material,

09:50:23 are you going to obey the code, are you going to be safe?

09:50:27 All of those kind of things.

09:50:29 Those are gathered here rather than repeating them in each

09:50:32 one of the technical sections.

09:50:35 This, like the agreement, is undergoing review.

09:50:37 There are some provisions in this that will probably move to

09:50:41 the agreements, and in particular in the supplementary

09:50:45 general provisions, the special conditions, there are items

09:50:48 that over the years have been easy to put here in order to

09:50:53 accommodate in the document, but should more properly be in

09:50:58 our, for ease of use and format, to be in the general

09:51:03 provisions and may simplify, shorten or even eliminate one

09:51:07 of these sections.




09:51:08 And this is also the place where we go if we are going to

09:51:13 have a project site.

09:51:15 And the other topic that you wanted me to talk about was the

09:51:19 protest ordinance.

09:51:20 It may be at your pleasure, if you would like to stop that

09:51:24 the point and talk about this information, and talk about

09:51:26 the protest ordinance, it would probably be appropriate to

09:51:31 do.

09:51:33 >>CHARLIE MIRANDA: Ms. Montelione.

09:51:33 >>LISA MONTELIONE: One of the concerns that we had that

09:51:36 came up at a previous council meeting was the provisions in

09:51:43 this boilerplate contract in what you provided, and I'm

09:51:48 sorry, it would have probably been better to get this

09:51:51 because rather than listening to what you were saying

09:51:54 sometimes I was having to read this.

09:51:56 If I would have had this even yesterday I could have read

09:51:59 this yesterday, maybe formulate sod questions, and then been

09:52:03 ready to ask them.

09:52:04 But since we just got this just now, I don't know within

09:52:13 here you have answered the question of the updating of the

09:52:18 boilerplate.

09:52:19 I know that in a couple of sections that you have noted that

09:52:23 it's under review in editing of the agreement, general

09:52:27 provisions document under review undergoing general editing,

09:52:34 contract administration, but that is noted here primarily in




09:52:37 format to enhance readability and simplify the overall

09:52:40 boilerplate, which I'm sure will be a welcome change to

09:52:45 those who have to use it, or are awarded contracts.

09:52:51 But if I am correct in the last council meeting where we had

09:52:55 these questions come up, the question was when it came to

09:53:00 deviating from the provisions, one of the questions was how

09:53:07 often do we deviate from the provisions of the boilerplate

09:53:13 contract?

09:53:14 Because what we learned was there was a particular deviation

09:53:17 that was continually made because although by ordinance we

09:53:22 had changed the provision ten years ago, or maybe even more

09:53:27 than that, maybe 20 years ago, but the boilerplate contract

09:53:32 was never updated.

09:53:33 So every time a contract went out to bid, that particular

09:53:37 section had to be changed, which kind of defeats the purpose

09:53:41 of having a boilerplate contract.

09:53:46 And then it was -- it begged the question of, well, who has

09:53:52 the authority, and what is the decision process for waiving

09:54:00 particular tenants of the contract or the investigation?

09:54:09 >>DAVE VAUGHAN: I think you have asked me several questions

09:54:11 and I will attempt to answer them all.

09:54:12 >> Okay, good.

09:54:15 >> The first question and maybe the most importance is that

09:54:18 the sections that are identified in the report that we are

09:54:22 looking at, primarily the changes are format, but we are




09:54:25 looking at content, and there will be some modification in

09:54:31 the content.

09:54:34 Most of it -- and this is because it bleeds into the second

09:54:38 question -- has to do with the particular provision that we

09:54:41 were talking about.

09:54:43 What I think got lost in that conversation before was that

09:54:48 that provision, it was not an absolute provision.

09:54:53 It provided discretion by the city in its application, and

09:54:58 that was stated in the actual item.

09:55:03 And you weren't hearing that from the folks who didn't like

09:55:07 the fact that we were -- the provision that we were taking

09:55:11 on that position.

09:55:12 >>LISA MONTELIONE: Well, when you are trying to submit bids

09:55:19 and form ultimating your estimation on something that is

09:55:24 supposed to be a standard provision that becomes one in

09:55:30 which we deviate from, on what seemed to be a semi regular

09:55:37 basis.

09:55:39 >>CHARLIE MIRANDA: May I say something here?

09:55:42 We have all been here, and what are you all talking about?

09:55:46 If you are talking about a specific contract, let's name it.

09:55:49 Because I hear abstracts of this and that and the other, and

09:55:53 let's find out what it is.

09:55:54 I want to get to the bottom of this.

09:55:57 Ms. Mulhern.

09:55:58 I apologize to Ms. Montelione.




09:56:00 >>MARY MULHERN: Thanks for that question because I was

09:56:04 wondering, too.

09:56:05 Which clause were you talking about specifically so we know?

09:56:11 >>DAVE VAUGHAN: I'm happy to talk about it.

09:56:12 I know it well.

09:56:15 Frankly because it's a provision that's been around for a

09:56:17 long time and we have used it, okay.

09:56:20 And we have used it successfully.

09:56:24 The discussion that we had -- and it has to do with the 51%

09:56:29 rule of requiring the general contract perform the work.

09:56:34 The discussion we had in that meeting is the only time that

09:56:40 I know of in a protest, in a complaint, in an appearance

09:56:43 before council, that provision has ever been an issue.

09:56:46 It has not been.

09:56:47 And that's because of the way that it's stated in the

09:56:50 boilerplate because of the way it's been applied.

09:56:53 And what it says -- and the original provision in the

09:56:56 boilerplate was that the general contractor, the person

09:57:00 submitting the bid must perform with their own forces 25% of

09:57:03 the work.

09:57:05 Okay.

09:57:07 It's not an uncommon provision.

09:57:08 From federal all the way down through state and county,

09:57:11 there are similar provisions like that, and the idea is that

09:57:14 you want the person submitting the bid not to just be




09:57:18 standing there letting everybody else do the work, maybe

09:57:21 supervise and maybe not.

09:57:22 You want them to have a stake in it.

09:57:24 There was a decision made years ago that 25 was probably too

09:57:28 low, that we want our bidders to be involved in the project.

09:57:33 And to mach that clear, it was changed by legal to 51%.

09:57:38 Okay.

09:57:38 But that requirement says 51% unless -- and I may not be

09:57:46 quoting verbatim -- but unless requested and permitted by

09:57:51 the city.

09:57:52 Okay.

09:57:53 When we open the bids, part of the review process before we

09:57:57 develop an attempt to award it to look particularly in this

09:58:00 day in SLBE program and the forms we get with the bid, we

09:58:04 know how they are approaching the work and whether they are

09:58:06 doing any other work.

09:58:08 And the way that we have approached that, the way that we

09:58:11 have answered questions in prebid meetings and inquiry and

09:58:15 formal inquiries in the bid process is, is that we want our

09:58:19 bid attorneys involved in the work, but we will not

09:58:22 unreasonably withhold permission to do the work if

09:58:27 requested.

09:58:29 Okay.

09:58:29 And so we examine that before we go to bid.

09:58:35 There's more I can say but --




09:58:37 >>LISA MONTELIONE: If I may, one of the three questions

09:58:39 that was in that -- and this is something that I asked the

09:58:45 last council meeting that I was hoping was going to get

09:58:48 answered, was although you say it's never been an issue, the

09:58:53 question was is how often do we waive the 51% requirement?

09:58:59 Because if we waive it, 80% of the time, or we waive it 10%

09:59:06 of the time, there's a huge difference.

09:59:09 And when contractors are bidding, it makes a huge difference

09:59:14 for them whether or not they are going to have to meet that

09:59:19 51% rule.

09:59:20 And if we change it, you know, takes wind blows, it's not a

09:59:25 fair process.

09:59:27 >>CHARLIE MIRANDA: Again I'm on the outside listening to

09:59:29 this discussion.

09:59:32 That's factual but it's not factual meaning this -- if you

09:59:35 have a bid process and you have 20 bidders and five of them

09:59:39 completed and met all the 51% of the work to be done by

09:59:45 them, then it's not an issue.

09:59:47 But if none of them met it, then you have to go to another

09:59:51 system within that bid process, either advertise for bids

09:59:56 again, or within that same process reduce it to what is

10:00:00 acceptable, not only to the city but more importantly in the

10:00:04 best interest of the taxpayers.

10:00:10 >>DAVE VAUGHAN: Correct.

10:00:13 To attempt to answer your question, I don't believe that we




10:00:16 do this as the wind blows.

10:00:19 That provision, that ability to put together a package that

10:00:24 does something other than the 51% is available to all

10:00:28 bidders, just as in the SLBE program the way that you

10:00:33 structure the subcontract and the way you tray to meet --

10:00:37 you have some flexibilities there to do that.

10:00:39 We want you to be invested in this project.

10:00:42 And here is the standard we like you to meet.

10:00:45 There is an option for you to do something different if it

10:00:49 gets the work accomplished better, if it brings to us an

10:00:54 organized approach that allows you to bid the project and do

10:00:57 the work.

10:00:58 This recall is a double edged sword.

10:01:02 On the one hand you want your contractors invested in the

10:01:05 project.

10:01:05 But to the extent that you hold this 51%, you are reducing

10:01:12 subcontract opportunities.

10:01:15 And so, again, it's not done arbitrarily.

10:01:18 It is looked at.

10:01:19 It is -- we do some projects that involve no subcontractors

10:01:24 because you have to go out there and you are going to throw

10:01:27 some sidewalk down and you are going to go do it and be done

10:01:30 with it.

10:01:30 We have other projects that may have 30 or more

10:01:33 subcontractors.




10:01:36 Or it may have some specialty equipment or some specialty

10:01:38 item of work that maybe 50% of the work in and of itself.

10:01:47 Again, I belief that we have looked at it consistently.

10:01:49 It has not resulted in protests or lawsuits or even, except

10:01:53 in one case, in over 2,000 instances, resulted in a

10:01:56 complaint to this council.

10:02:01 We will be happy to review this, discuss it with you

10:02:05 further, consider changes.

10:02:09 I would not want to say that we are not open to that.

10:02:12 >>LISA MONTELIONE: I appreciate that, and I would like that

10:02:15 very much, because the statement again that it hasn't been

10:02:24 an issue I think is more anecdotal than it is anything else

10:02:30 because we don't have -- again you can't tell me how many

10:02:34 times it's been waived.

10:02:36 Maybe that's because we don't have the technology to

10:02:39 quantify that information as we discussed this morning in

10:02:43 part of the ERP process, we are getting new technology.

10:02:46 But we don't have any data to quantify that it's been

10:02:52 waived, like I said, 10% of the time or 80% of the time.

10:02:55 And to me, if you are making those decisions based on a set

10:03:04 of guidelines, then it's got to be made more clear.

10:03:11 And the idea that the protests or challenges to contracts

10:03:16 that have been awarded, it's very few in 2000.

10:03:20 When you look at the procedure that one has to go through to

10:03:22 protest the contract, the number of days that you have to




10:03:27 file that protest, the hiring of someone to represent you in

10:03:34 civil court if it goes that far, and it's often especially

10:03:37 for small businesses not worth the effort.

10:03:40 So just because we don't have a lot of people protesting or

10:03:44 we don't have a lot of challenges doesn't mean that, you

10:03:48 know, it's not a problem.

10:03:49 It just means that people aren't going to take the time out

10:03:52 of their business to protest.

10:03:56 They are just going to give up, throw up their hand and move

10:04:00 on.

10:04:03 >>CHARLIE MIRANDA: Thank you.

10:04:03 Mr. Suarez has a question.

10:04:04 >> Thanks for coming over here, Mr. Vaughan.

10:04:08 One of the things -- and Ms. Montelione just touched on it a

10:04:11 moment ago and I know you haven't talked about this yet,

10:04:14 which is the protest ordinance portion of it.

10:04:16 And the question that I am going to ask has more to do with

10:04:19 the specifics that are in the ordinance as opposed to, you

10:04:22 know, the real world case that we had before us a couple of

10:04:26 weeks ago.

10:04:27 You know, we do have a three-day, protest has to be within

10:04:32 three days to the director, has to be in writing, has to be

10:04:36 very specific, has to use information probably, has to be

10:04:39 provided by us, the city.

10:04:43 What's the reasoning for the three-day amount?




10:04:45 Why not make at seven-day?

10:04:47 And I will say that full disclosure here, I have been

10:04:51 involved with bidding in not our city but other cities.

10:04:56 I know people that have bid our city, that three-day

10:05:00 requirement is a burden, specifically because they have to

10:05:04 gather the information in order to get the protest.

10:05:07 That takes time from our end of it.

10:05:09 And then secondly they have to analyze it the same way that

10:05:11 you were able to analyze -- not you, but the city has been

10:05:15 able to analyze those bid specifications to come back and

10:05:18 say, wait a minute, here is why we think we should be

10:05:22 awarded the bid, because you made a mistake here.

10:05:25 And listen, the more sets of eyes usually do find mistakes.

10:05:30 Not saying that we make a lot of them, but it is good to

10:05:32 know that if someone is so sure of their bid that they will

10:05:36 come back and say, yes, we can see what they did here, and

10:05:41 the reason why the pricing came out different than ours,

10:05:46 their methodology is wrong, or they do not have the

10:05:49 wherewithal to actually perform the contract, or several

10:05:52 other different reasons.

10:05:53 The problem is that it puts such a large burden on the

10:05:57 losing bidder to do it, you are going to find -- and I think

10:06:02 based on what you said between your fingers and your toes,

10:06:05 part of the reason why you don't see a lot of people protest

10:06:08 is it's extremely difficult to protest.




10:06:10 And again I just want to know the answer about why a

10:06:14 three-day window as opposed to a five-day window?

10:06:18 Because I think to be honest with you, I think it would be

10:06:20 easier on us as an administration to have a little bit of a

10:06:24 longer time frame to allow someone to come back and protest.

10:06:27 Because I still believe that most people will not protest

10:06:31 typically because especially takes economy picks up they are

10:06:35 going to have a lot of other jobs they are bidding and say,

10:06:38 okay, we'll cut here, and we'll let one go, we'll go to some

10:06:42 other one that might have a better shot at it.

10:06:44 >> I'm not a lawyer.

10:06:52 This ordinance and the development of the three days is a

10:06:57 legal question, and I will be glad to defer to them.

10:07:04 Some important things before we move on.

10:07:05 But I can't give you a number.

10:07:07 I can tell you that it's significantly less than half.

10:07:10 But it's not a rare occurrence, okay.

10:07:12 So that gives you some magnitude.

10:07:17 In terms of contract.

10:07:19 Significantly less than half the contracts don't meet the

10:07:22 51%.

10:07:23 So more than half didn't.

10:07:26 But it's not a rare occurrence.

10:07:28 It's not like once every three months we have somebody --

10:07:32 it's a common review item, and it's a common thing that we




10:07:35 look at.

10:07:36 But it's not the majority of our projects.

10:07:37 >>LISA MONTELIONE: And was that 25 to 51, was that changed

10:07:45 by ordinance? Or was that a procedure internal?

10:07:49 >>DAVE VAUGHAN: I think it's just part of the agreement it's

10:07:52 not an ordinance issue.

10:07:54 So to cam back to your question, that also gets back to some

10:08:00 of the things that Councilwoman Montelione said.

10:08:03 The ordinance that you are looking at now has only been in

10:08:05 place since July of last year.

10:08:08 Prayer to that time, we have actually had two or three

10:08:12 different protest ordinances over the years.

10:08:14 The most recent one that we had before this ordinance was

10:08:17 very simple.

10:08:18 It's chapter 119 that's still there.

10:08:21 If you don't like something that I did, you write my

10:08:23 supervisor alert, and he's got 15 days, I think it is, to

10:08:27 tell you whether he agrees with you or not, and if he

10:08:30 doesn't agree with you, you take us to court.

10:08:32 That was the protest ordinance.

10:08:35 The previous council was concerned that that process was too

10:08:39 far in the other direction, and that there needed to be

10:08:43 third-party involvement and review because you didn't want

10:08:47 various factions within the city to get together and, you

10:08:50 know, team up on somebody.




10:08:52 And so this ordinance was developed by legal, as you will

10:08:57 see in the overview, I won't walk you through it because

10:09:01 it's there, the actual ordinance, when you print it out is

10:09:04 about ten pages, so I don't have every detail there, but it

10:09:08 is what it is, and I would just like the specifications

10:09:13 requirements, the things you would like for us to consider,

10:09:15 and legal to consider changing, we would be happy to receive

10:09:19 them and respond to them.

10:09:20 >>MIKE SUAREZ: If you don't mind, can we have legal come

10:09:24 up?

10:09:25 I think Mr. Shelby might be talking to them back there.

10:09:28 >>CHARLIE MIRANDA: And we have one hour to protest, not

10:09:36 three days.

10:09:40 An hour before the event.

10:09:41 >> Marcie Hamilton, legal.

10:09:44 >>MIKE SUAREZ: The question I had is what is the reason

10:09:48 behind the three-day time frame as a protest amount?

10:09:52 Was it something that was agreed to by council and just, you

10:09:54 know, arbitrarily put out there?

10:09:56 Or was it something that dealt with specific legal

10:10:00 precedence or legal rules that are in place by the state, or

10:10:05 any other place?

10:10:08 >> It wasn't arbitrary.

10:10:09 We looked at several ordinances from various entities around

10:10:14 the country.




10:10:15 The three days was determined to be an adequate time

10:10:19 considering that when we put out the bids, you want to get

10:10:24 an award as soon as possible because all protest procedures

10:10:28 put a halt to any kind of procurement.

10:10:30 The three days comes back to the notice of intent.

10:10:34 It's three city business days, not just three calendar days.

10:10:38 And anyone that wishes to protest, to have a records request

10:10:49 should be readily available in the department.

10:10:51 It is something that can be considered to extend the time,

10:10:53 but it was pretty much determined to be an adequate tame,

10:10:57 particularly in light of getting the procurements out and

10:11:01 the awards made.

10:11:02 But we can look at that.

10:11:03 >>MIKE SUAREZ: Well, you say it's not arbitrary but

10:11:08 actually it's subjective, not arbitrary.

10:11:11 We made a decision based on other ordinances that are out

10:11:13 there to say that's kind of the -- what most municipalities

10:11:17 or counties do, correct?

10:11:19 >>> Correct.

10:11:20 And under chapter 119, we really didn't get a whole lot of

10:11:26 protests even then.

10:11:28 So --

10:11:32 >>MIKE SUAREZ: Again, I don't want to belabor the point.

10:11:34 I think what I had said previously, the point is well taken

10:11:37 I hope by all of you, which is if you do not have a fair




10:11:40 protest system or at least a way that you feel like it's a

10:11:45 fair protest system, you are not going to get protests.

10:11:48 You know, that's part of the problem.

10:11:49 There's a reason why in basketball sometimes coaches do not,

10:11:54 you know, worry about a referee in a particular arena

10:11:58 because he knows he's not going to get that call.

10:12:00 Now again, you mentioned, Mr. Vaughan mentioned a process

10:12:03 that was much worse than it is now.

10:12:05 I think the process has become better based on what you had

10:12:08 said the past was.

10:12:10 >> If I could comment on.

10:12:15 That one aspect of the previous process is it actually was

10:12:18 pretty simple, and you could throw a protest again against

10:12:22 the wall to see if it stuck.

10:12:25 The reality during that period, it was easy to protest.

10:12:30 Folks weren't.

10:12:31 >> That's because one person was making the decision.

10:12:35 You had you go to your supervisor as you what just said.

10:12:40 Again if you feel it already been in there and you don't

10:12:42 have the information, the problem that I have with the three

10:12:44 days is this, a couple things.

10:12:46 One, it is difficult to try to protest something when you

10:12:48 don't have the information right in front of you.

10:12:51 We have the advantage of getting all the bids, open them on

10:12:55 a particular date, we have already vetted it, looked at it,




10:12:58 measured it.

10:12:58 Again, there are situations in which we are not going to

10:13:00 know all the answers.

10:13:02 We are only going to know what someone has told us.

10:13:04 So as an example, you might know a competitor so well that

10:13:07 you know that they are not able to compete with you for lots

10:13:11 of different reasons.

10:13:13 They can undercut you for lots of different reasons,

10:13:16 meaning -- and we got back to the 51% rule -- that they

10:13:19 don't have the wherewithal, whether financial, or labor, to

10:13:26 actually perform the work.

10:13:27 So three days can be a lot of time for us to give our best

10:13:34 contractor out there, our best bidder out there.

10:13:37 The problem that I have -- and it's something that Mr.

10:13:40 Miranda mentioned -- is we need to make sure that we are

10:13:42 getting the most bang for our buck.

10:13:45 And if we don't do that, if we don't have a protest process

10:13:49 in place that people feel is fair and equitable, you are not

10:13:53 going to get protests.

10:13:55 And if you don't get protests I think in some cases, you are

10:13:58 not going to get the best praise either, not getting the

10:14:01 best performance.

10:14:02 The only reason I was saying about three days, three days

10:14:05 does seem like a very short window of time.

10:14:07 I mean, I don't think that we are going to lose anything if




10:14:10 we put two extra days on there.

10:14:14 One of the things that was brought up at the last time and

10:14:16 the reason we are having this discussion now is that the

10:14:18 person that was complaining about the process said that we

10:14:22 did not provide them with the information.

10:14:24 There's no -- and I took that person to task at that time to

10:14:29 say, you should have protested it anyway.

10:14:31 The problem is that that protest may fall on deaf ears

10:14:35 anyway because they'll say, you know what?

10:14:37 We are looking at an arbitrary time line.

10:14:40 There's nothing in here that allows for that.

10:14:41 We should be on the clock just like the protestors should be

10:14:44 on the clock in terms of providing good pertinent

10:14:47 information about the bid.

10:14:49 And that's on us if we don't do that.

10:14:51 And again I'm not saying in N that particular case that's

10:14:55 what happened.

10:14:55 I'm saying that that circumstance could happen, you know.

10:14:59 We are all human.

10:15:00 We all make mistakes.

10:15:02 So what I would suggest, and it's something we may suggest

10:15:06 in a more formal way -- and I may suggest this offline,

10:15:10 which is to look at time frame and say, hey, maybe we should

10:15:14 have a five-day or seven-day process.

10:15:18 Because that way, you know, and again I'm not sure why we




10:15:21 need 15 days after we have already vetted it on the protest

10:15:25 portion of it, and I assume that's because legal is getting

10:15:28 involved and they have to answer it in a legalistic fashion

10:15:31 as opposed to a straightforward no, you didn't get bid

10:15:34 because you don't qualify for what we want.

10:15:37 So, again, I think we are going to have to look at this,

10:15:40 because not having a protest is kind of a self-fulfilling

10:15:46 process because if I don't feel the process is fair we

10:15:49 aren't going get anywhere anyway.

10:15:50 So thank you very much forgiving us that information.

10:15:54 >>CHARLIE MIRANDA: Anyone else?

10:15:57 Ms. Mulhern?

10:15:58 >>MARY MULHERN: I was just going to say that I am not sure

10:16:02 if Councilwoman Montelione is done with her questions, but

10:16:05 the two items that came up, the 51% and our deviation from

10:16:09 that, would have been 50% but we are not sure, and then

10:16:17 Councilman Suarez's point, if someone are two make a motion

10:16:20 for legal to come back with some suggested changes and

10:16:28 language for the both 51% and the time frame from three days

10:16:35 to five days, I would support that.

10:16:37 >>LISA MONTELIONE: Mr. Shimberg, can I ask you a question?

10:16:55 I have a couple of questions.

10:16:58 The contracts, every contract over a certain amount of money

10:17:04 comes to us for approval.

10:17:07 I'm guessing that those individual contracts all started out




10:17:12 in a boilerplate fashion.

10:17:17 Okay?

10:17:20 >>JIM SHIMBERG: What do you mean by that?

10:17:22 >>LISA MONTELIONE: Well, on our agendas on Thursday,

10:17:25 regular council meetings, the administration brings forth

10:17:28 contracts for us to approve.

10:17:31 >>JIM SHIMBERG: Right.

10:17:32 >>LISA MONTELIONE: Right.

10:17:33 Okay.

10:17:34 The contracts that are being brought to us for approval

10:17:36 started out in life as a boilerplate contract that was then

10:17:43 changed, amended, customized, to then be the final document

10:17:46 that's brought to us for approval.

10:17:48 Correct?

10:17:49 Mr. Vaughan is shaking his head yes.

10:17:54 >>JIM SHIMBERG: Yes, you start with the format.

10:17:57 >>LISA MONTELIONE: Doesn't the boilerplate itself, without

10:18:02 customization, the amendments for each contract specific,

10:18:07 come to us for approval when you make changes to it?

10:18:12 Like the changes that are being discussed in the hand-out

10:18:15 that we got as we began this discussion that Mr. Vaughan

10:18:21 provided February 23rd, as I said earlier there's a

10:18:23 couple of spots in here that says this document is currently

10:18:25 under review and undergoing general editing via legal and

10:18:29 contract administration.




10:18:31 >>JIM SHIMBERG: Are you saying would they bring that back to

10:18:33 you to approve --

10:18:35 >>LISA MONTELIONE: Just the boilerplate contract.

10:18:45 >>DAVE VAUGHAN: Certainly we will bring it if you would like

10:18:47 for us to. That being said, every contract with that

10:18:51 boilerplate information is part of the public bid notice

10:18:54 when it's awarded that whole contract comes to you for

10:18:57 approval and it's on file with the city clerk's office.

10:18:59 >>LISA MONTELIONE: Right.

10:19:00 So, yes, I'll make that as a motion and see how that flies

10:19:06 with my colleagues.

10:19:08 But I think it would be important to see the boilerplate

10:19:13 revisions and changes to it that you are working on and that

10:19:15 you are doing so that we understand what that raw document

10:19:22 looks like and what is contained within it.

10:19:26 >> For example, if the law changes and we need to make an

10:19:32 adjustment to it, you know, it probably changes all the

10:19:37 time.

10:19:38 Now they are looking more -- not as often as you think, but

10:19:41 yes, it does from time to time.

10:19:42 >> It's sort of global format change and reorganized

10:19:49 certainly is appropriate for us to bring to you.

10:19:51 >>LISA MONTELIONE: And see how that complies with the

10:19:54 ordinances we have in place.

10:19:55 >> Sure, sure.




10:19:59 >>LISA MONTELIONE: And then there were, I think, two

10:20:02 individuals who entertained motions.

10:20:07 I am not sure if Suarez is going to make his motion and Ms.

10:20:10 Mulhern referenced another one.

10:20:14 So that's where I am going with this.

10:20:16 But I would make a motion to bring the boilerplate contract

10:20:22 to us for review each time there is a provision made that is

10:20:30 changed within that boilerplate contract, that based on a

10:20:36 change in ordinance or change in a law that we be afforded

10:20:38 the opportunity to see that, that we review the change, the

10:20:49 51% or any deviation from the change from 25 to 51 by

10:20:53 ordinance.

10:20:56 So I would like legal to bring forth a review of that

10:21:00 provision, if 51 is too much, if we deviate from that half

10:21:04 the time, maybe we need to adjust it.

10:21:07 To provide opportunities for smaller businesses if they

10:21:12 can't meet that 51%, and that the number of days also be

10:21:17 brought forth from legal in a protest procedure.

10:21:20 Because from what I heard, it's three days, three city

10:21:25 business days, so someone who is looking at the calendar

10:21:28 doesn't know to go calendar days, you know, business days,

10:21:32 city business days.

10:21:35 So looking at the provision of the number of days and the

10:21:38 time period allotted to protest.

10:21:43 >>CHARLIE MIRANDA: Before we go any further, there's some




10:21:45 motions on the floor, and I have been reminded that this is

10:21:48 a workshop so, that means that before we vote on anything,

10:21:51 we have to listen to the public.

10:21:54 I haven't done that.

10:21:56 So let me start right here for a moment and ask the general

10:22:00 public if anyone would care to speak on item number 4.

10:22:06 And also let me just say that these motions that are on the

10:22:10 floor seem very well intended.

10:22:12 However, I don't know what the ramifications are to the

10:22:16 whole process.

10:22:17 They may be great, and may not be so great.

10:22:21 Because if we start now saying we don't want 51, we want 40,

10:22:26 we want 35, we want 25, whatever the figure is going to be,

10:22:34 opportunity is one thing, and then you are going to --

10:22:39 individuals who may not be cable of doing 25 are going to

10:22:45 want 15%.

10:22:46 Where is it going to end?

10:22:47 What I'm saying is there's a legal process.

10:22:53 And the way things are, you can go to court.

10:22:57 How does that cost?

10:22:59 Well, sometimes a lot, sometimes not too much.

10:23:05 To get what you need.

10:23:07 The process, now you have three days, and that is, in my

10:23:15 opinion, if the city is prepared to give the documents

10:23:18 within two hours ample time.




10:23:23 Now, if the city is not prepared to give any documents

10:23:26 within two days, then it's not ample time.

10:23:29 So it's how do you discuss what are the three days?

10:23:32 The three days start running from the tame you get the

10:23:35 documents?

10:23:36 Is it three days start from the time the bid closes?

10:23:39 Or from the time the meeting closes and the contract is

10:23:42 signed by the administration?

10:23:45 So three days, five days, don't mean anything, because it's

10:23:48 not that important unless it's specified when it starts, the

10:23:54 clock moving forward.

10:24:00 >>DAVE VAUGHAN: It's specified in the ordinance.

10:24:02 It's not started at the bid opening but starts either when

10:24:05 purchasing or contract admin posts their intent to award.

10:24:09 So there's actually more than three days from the bid

10:24:11 opening for bidders to know what the results are, and begin

10:24:16 to line up their stuff.

10:24:17 But once the city announces that we are going to award this

10:24:19 project to this entity for this amount is in the three day

10:24:22 start.

10:24:22 >> All right.

10:24:23 But at that time, sir, is the city prepared to hand over the

10:24:27 documents why the bid went somewhere and whatever the

10:24:31 bidders that are not satisfied can receive their information

10:24:37 that they need to determine what they are going to do?




10:24:41 >>DAVE VAUGHAN: We can and do respond quickly to public

10:24:43 records request, in the particular case that was brought up,

10:24:46 the information that you were giving we do not believe was

10:24:49 factual and we had in fact provided the information to

10:24:52 the --

10:24:53 >> That was the case that was here a couple of weeks ago?

10:24:56 >>DAVE VAUGHAN: Yes.

10:24:58 >>CHARLIE MIRANDA: I would like to know more about that

10:25:00 case.

10:25:02 They don't smell too good.

10:25:06 >>DAVE VAUGHAN: I would be happy to come.

10:25:08 >>CHARLIE MIRANDA: And I think from their side.

10:25:11 >>DAVE VAUGHAN: I would be happy to come and discuss that.

10:25:15 >>CHARLIE MIRANDA: Okay, Mr. Suarez.

10:25:16 I see no one in the audience.

10:25:17 Come forward to speak from the floor so the public comment

10:25:21 has been satisfied.

10:25:21 Mr. Suarez I believe had a motion.

10:25:25 Mr. Cohen, I'm sorry.

10:25:26 >>HARRY COHEN: There were really three parts to the motion

10:25:30 I think that was made by Ms. Montelione, and I want to

10:25:33 address part 1 for just a minute because I think I

10:25:36 understand what you are asking for, and I don't think -- let

10:25:40 me say this about drafting documents.

10:25:47 Rather I think thinking that the contracts are sort of




10:25:50 fill-in-the-blank document, when you draft a contract or any

10:25:55 legal document the more likely scenario is you are drawing

10:25:59 on sort of various language that you have available from

10:26:01 different sources, and there may be some boilerplate

10:26:05 language because every contract some boilerplate language

10:26:08 gets used some of the time and not others, and it seems to

10:26:11 me that if I could just sort of massage what you were asking

10:26:16 for is that what you would like to see is the boilerplate

10:26:23 language that's used -- and I think rather than ask any time

10:26:26 that they make changes in that language to bring it back

10:26:29 here, I think what might be more helpful is, in real

10:26:33 contracts, as real contracts are written, that if there are

10:26:37 changes in the boilerplate language that would be identified

10:26:41 to you, and therefore it wouldn't sort of involve us

10:26:45 micromanaging the writing of the actual documents.

10:26:48 So that's my only comment, if that's a helpful

10:26:56 clarification.

10:26:56 >>LISA MONTELIONE: Yes, it is helpful clarification so I

10:27:01 accept that amendment.

10:27:01 But I would like to -- the standard boilerplate contract,

10:27:10 anytime that is changed, because those provisions are never

10:27:13 changed, or never deviate, that that be reviewed by council.

10:27:27 >>JIM SHIMBERG: Thank you.

10:27:27 Because Mr. Vaughan's contract administration where they

10:27:29 have sort of a boilerplate format that they use, and then




10:27:32 with all the purchasing contracts, they really are all

10:27:35 across the board.

10:27:36 They have a little bit of something they start with.

10:27:38 But those are all different.

10:27:40 Sometimes they use the vendor, sometimes they use --

10:27:43 >>LISA MONTELIONE: I think we are talking about contract

10:27:45 administration.

10:27:51 >>DAVE VAUGHAN: If I may make a comment hopefully not to

10:27:55 confuse the issue, but the concern that I have is the

10:28:00 process, and perhaps what can happen is when we come back to

10:28:05 you with the revised boilerplate, we can identify those

10:28:10 sections, and that's part of the intent of this process, is

10:28:14 to kind of isolate those sections that are always coming so

10:28:19 that the sections that get changed, you know what they are,

10:28:23 and you know where to look at opposed to having to go

10:28:25 through preparing another document to tell you what it is

10:28:29 that's different about this contract.

10:28:30 So that's our intent and that's what we would try to do.

10:28:33 >>LISA MONTELIONE: I think that's what Mr. Cohen was

10:28:37 saying.

10:28:40 >>CHARLIE MIRANDA: Okay.

10:28:40 We go to Mr. Suarez's motion first.

10:28:45 >> Let me clarify the motion because I think, Mr. Miranda,

10:28:48 you touched on something that was more specific to what I

10:28:51 was getting at, which is when does the clock start?




10:28:54 I would like to make a motion that legal and contract

10:28:57 administration would come back as to the reasoning behind,

10:29:01 or the idea of elongating the original, I guess, protest

10:29:13 day, time line from three days to five days to see what

10:29:17 effect that would be, and to actually specify more clearly

10:29:21 when that process starts, and that we can have a report on

10:29:24 that.

10:29:24 And you can bring that during staff reports on our next

10:29:29 regular --

10:29:32 >>LISA MONTELIONE: That was the third thing that I talked

10:29:35 about.

10:29:35 And the motion that I made --

10:29:37 >>MIKE SUAREZ: That's okay.

10:29:38 >>LISA MONTELIONE: I was amending the first one, you were

10:29:42 amending the second one, and amending the third one is okay

10:29:45 with me.

10:29:45 >>MIKE SUAREZ: Terrific.

10:29:46 And staff reports on the March -- let me see here.

10:29:51 Probably the March 15th session during staff reports.

10:29:57 >> If I may, if you would add purchasing to that.

10:30:06 They use this.

10:30:07 >>MIKE SUAREZ: If we can amend that to include purchasing

10:30:11 department.

10:30:12 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mrs.

10:30:13 Capin. Discussion by council members?




10:30:17 Mrs. Montelione?

10:30:18 >>LISA MONTELIONE: (off microphone).

10:30:25 >>CHARLIE MIRANDA: See how simple my job is?

10:30:27 Amended and amended and amended.

10:30:31 Yes, ma'am, clerk, I know I got you confused.

10:30:34 >> (off microphone).

10:30:43 >>YVONNE CAPIN: It was never seconded.

10:30:44 We were discussing.

10:30:45 It was amended twice and I seconded it.

10:30:48 >>CHARLIE MIRANDA: We have got three days to figure this

10:30:50 out.

10:30:50 [ Laughter ]

10:30:52 >> I think it might be five.

10:30:55 >>CHARLIE MIRANDA: But that wasn't in the motion yet.

10:30:56 >>MIKE SUAREZ: She made a motion.

10:31:01 It was amended once by Mr. Cohen.

10:31:03 I amended the second portion of it.

10:31:05 It was seconded.

10:31:05 >> (off microphone).

10:31:12 >>CHARLIE MIRANDA: Any other amendments to this?

10:31:13 I feel like we are in Congress.

10:31:15 >>MIKE SUAREZ: I hope not.

10:31:19 >>CHARLIE MIRANDA: All in favor of that motion please

10:31:20 signify by saying aye.

10:31:22 Opposed nay.




10:31:23 Ayes have it unanimously.

10:31:24 Ms. Montelione, you have the floor.

10:31:27 You have others, I think, that you want to bring up.

10:31:31 Or was that the one that was amended and amended and

10:31:34 amended?

10:31:35 >>LISA MONTELIONE: We are good.

10:31:36 All three.

10:31:37 >>CHARLIE MIRANDA: I wanted to make you -- didn't leave you

10:31:40 out of the process.

10:31:41 I apologize to you.

10:31:49 Anything else, sir?

10:31:51 >>DAVE VAUGHAN: That's it.

10:31:52 Thank you very much.

10:31:52 It's been a very beneficial discussion.

10:31:54 >>CHARLIE MIRANDA: And you have the date to come back, Mr.

10:31:57 Suarez?

10:31:59 >>MIKE SUAREZ: I think the clerk also has the date.

10:32:01 Correct?

10:32:02 >>CHARLIE MIRANDA: I wanted to make sure.

10:32:03 Okay.

10:32:04 Item number 5.

10:32:19 >> Steven Griffin, Planning Commission staff.

10:32:38 This morning, I wanted to provide council with a quick

10:32:41 overview of the Planning Commission planning program.

10:32:46 And how we will utilize this program in the preparation of a




10:32:50 vision plan for the Terrace Park university square area in

10:32:57 coordination with your city staff.

10:33:00 I hope the PowerPoint is going to be coming up so I can kind

10:33:03 of run through that with you.

10:33:12 >> We have it on our screen.

10:33:13 >>> What you see before you is a template of a lot of

10:33:18 community plans, we worked in Hillsborough County, and we

10:33:20 will be using that same format for modifications as you go

10:33:26 through the visioning process for the Terrace Parking and

10:33:30 university square area.

10:33:31 Just to give you an idea of the intent of the program, it's

10:33:34 sort of a four-point intent.

10:33:36 The first is vision.

10:33:37 We want to identify the community vision for the future

10:33:41 growth of the area.

10:33:42 The second is to give the citizens a voice in the

10:33:46 decision-making process, so the citizens are an integral

10:33:49 part of the community-based planning process.

10:33:52 We want to get a very broad community input, not only from

10:33:58 the residents but the business owners and all the

10:34:00 stakeholders in the area.

10:34:02 And then we want to create a plan that gives greater detail

10:34:08 than what you have in your comprehensive plan.

10:34:12 Just to give you a little background on the community

10:34:15 planning process, it is a process that gives detail for




10:34:21 neighborhoods.

10:34:22 Your comprehensive plan is a very broad-based document.

10:34:26 It's not specific to neighborhoods.

10:34:27 And that's why we get into community based to give some

10:34:31 specificity to the neighborhoods in the comprehensive plan.

10:34:35 The comprehensive plan does provide a policy base that

10:34:41 allows for the development of community plans.

10:34:44 So in your comprehensive plan to give you community plan.

10:34:50 About 14 years ago, the Board of County Commissioners

10:34:53 established a community-based planning program for the

10:34:56 unincorporated county.

10:34:59 That program was sort of amended in 2001 to establish a team

10:35:04 approach both from the Planning Commission and the county

10:35:09 staff.

10:35:10 In this particular situation we will be working with your

10:35:15 city staff, both the Land Development Coordination and

10:35:17 zoning division along with the neighborhood and community

10:35:20 relations division.

10:35:21 We will be coordinating with those two entities through the

10:35:25 visioning process for this program.

10:35:32 Gist to give you an idea of what we have done over the last

10:35:35 14 years in community-based planning in Hillsborough County,

10:35:40 I am not going to go through all of them, but these are the

10:35:43 community-based plans that we have worked on in the

10:35:46 unincorporated county over the last 14 years.




10:35:50 The one that you see with the red asterisk is the university

10:35:54 area, and we are updating that community plan as we speak.

10:35:59 It was originally done in, I think, 2003 and we are in the

10:36:04 process of updating that community-based plan.

10:36:08 And here are some more community plans that we have worked

10:36:11 on in the unincorporated county.

10:36:19 And this is just a geographical outline of all the areas in

10:36:22 the unincorporated county that we have worked on doing

10:36:28 community-based planning.

10:36:30 So what is meaningful to business participation?

10:36:35 Because that's a very integral part of community-based

10:36:38 planning to have your citizens involved.

10:36:42 It is not from the inside out.

10:36:45 And what I mean by that is it's not the leaders telling the

10:36:48 community what going to be and how it's going to work and

10:36:52 all those things.

10:36:53 We prefer to have more of an outside in, where the community

10:36:58 is engaged, they learn, they recommend.

10:37:02 We have different experts from the various departments

10:37:05 providing their insight and overview, and then the leaders

10:37:09 such as yourselves listening and decide on how the

10:37:13 community-based plan is going to be implemented in that

10:37:16 particular jurisdiction.

10:37:17 So again, it's more of an outside in where the community is

10:37:23 really the funnelling process for the citizens to get




10:37:25 involved, to provide their input, and you all are the

10:37:30 decision makers of the final ending point.

10:37:33 So just to give you an idea of how the process works, all

10:37:36 our meetings are public.

10:37:37 They are open to the public.

10:37:38 We advertise them.

10:37:39 We want the public to be engaged.

10:37:42 We want the citizens to be the stakeholders, and identify

10:37:48 who is intricately involved and who should participate in

10:37:54 that.

10:37:54 We have a stakeholder advisory committee.

10:37:56 They are the ones that sort of guide the plan, and that's

10:37:59 again from the citizens and the stakeholders in the

10:38:03 community.

10:38:03 The decisions on the community plan are consensus.

10:38:07 We want to have a consensus building process.

10:38:10 And then the final authority for what will happen and how

10:38:12 the community-based planning is implemented is left up to

10:38:16 the elected officials.

10:38:18 Just to give you an idea of the advisory committee, it's

10:38:24 approximately 15 to 20 members.

10:38:26 It makes decisions on the issues and opportunity that move

10:38:31 forward in the community-based planning program.

10:38:34 And we use photos, and exercise to help them engage in what

10:38:38 is the good and bad for the community.




10:38:40 Again we use consensus building tools to help the citizens

10:38:44 and stakeholders reach a consensus on various issues.

10:38:47 We establish a vision for the community, set goals and

10:38:51 strategies, and they make policy recommendations to the

10:38:54 broader neighborhood.

10:38:56 Again, what the advisory committee does goes back to the

10:39:00 broad neighborhood for all the citizens to look at,

10:39:04 participate, and make a decision, is that the right thing

10:39:07 for our community and our neighborhood?

10:39:10 We also want to educate the citizens on various issues.

10:39:13 So as things go up and come back through the community-based

10:39:17 planning process of the advisory committee, we turn to the

10:39:20 professionals in the city to let the citizens have a good

10:39:26 understanding of the intricacies of the particular issue,

10:39:31 what's involved, what's not involved.

10:39:32 And what you see here is just a listing of some of the areas

10:39:36 we bring area professionals to talk to the citizens to get

10:39:39 them to understand and communicate the problem, the

10:39:42 situation in a particular area.

10:39:47 Just to give you a quick understanding, we use a lot of

10:39:50 documents, hands-on as we like to say.

10:39:54 We want the citizens again to be engaged so they be involved

10:39:59 and put things on paper what their ideas are, what their

10:40:02 concerns are, and what their vision, where they want to go,

10:40:05 and that's part of the input process that we get from the




10:40:08 citizens as we go through the planning process.

10:40:13 We do want to outreach to the community.

10:40:16 We want the community to be involved so we want to make sure

10:40:19 that everybody in that community knows about it.

10:40:21 We use newspaper articles, we have interactive Web site, we

10:40:25 do e-mail notices, and we make presentations at association

10:40:31 meetings, Chamber of Commerce, leadership groups,

10:40:34 organizations.

10:40:35 In this particular case, for the Terrace Park university

10:40:39 area, we sent out postcards to all the residents within the

10:40:43 boundary and let them know what's coming up and what's going

10:40:46 to be coming about be to get them engaged.

10:40:48 We hosted signs at major intersections throughout the

10:40:54 community so people will know about the community planning

10:40:56 process.

10:40:58 Just to give you an idea of how we implement that, it goes

10:41:02 through a process, the comprehensive plan, some part may be

10:41:11 in the land development regulations.

10:41:14 In this particular situation since we are working with the

10:41:17 city, we will be working very closely with the city's Land

10:41:19 Development Coordination and zoning division to have that

10:41:24 expertise in implementing the vision plan, similar to what

10:41:27 was done in the Seminole Heights vision plan.

10:41:31 We would help the community create that vision to where they

10:41:34 want the community to go over the next 10 or 20 years.




10:41:39 And then from that vision plan we would work with the city's

10:41:43 department to actually come up with implementation tools and

10:41:47 steps to take that vision and make it into reality through

10:41:50 the years.

10:41:53 So we are talking about the Terrace Park university square

10:41:56 area.

10:41:58 That's a very dynamic area in your city, has a lot of things

10:42:03 that are going on.

10:42:04 You have got some economic engines up there, regional

10:42:06 attracters, and it has the potential to provide a lot of

10:42:09 energy for both the city and the county.

10:42:12 Again, we are working with the university area to update

10:42:16 that community plan.

10:42:17 That's north of Fowler Avenue.

10:42:19 You kind of see that area outlined in red on your screen.

10:42:24 And then the Terrace Park university square area is on your

10:42:28 right-hand side, and that's the area that we are going to be

10:42:31 starting the visioning process for that community.

10:42:36 Just to give you a little background in, January of this

10:42:40 year, at the direction of Councilwoman Montelione, and the

10:42:43 mayor, Bob Buckhorn, the Planning Commission was requested

10:42:47 to lead an effort to develop a community vision plan for the

10:42:51 Terrace Park university square area.

10:42:53 That will be done based on the input that we get from those

10:42:57 communities, and all the stakeholders within that area.




10:42:59 >>LISA MONTELIONE: Can I, chair Mulhern?

10:43:06 I just want to highlight this point.

10:43:08 And I want to take this opportunity to thank the

10:43:09 administration and Mayor Buckhorn as well as Robert Hunter,

10:43:14 because when I first went to the mayor, and I asked a

10:43:25 community plan be undertaken, he, as we all know, has a

10:43:32 staff that is pushed to the edge of their limits working on

10:43:38 the Seminole Heights form-based code, working on the

10:43:41 downtown core plan, working on the suggestions of the

10:43:44 economic competitiveness committee, those folks are just

10:43:53 overwhelmed.

10:43:53 He said weighs all for oh for doing a community plan.

10:43:58 But I went to Mr. Hunter and I asked the Planning Commission

10:44:01 to take this on, because it's something that is very

10:44:03 important, especially in light of the university area plan

10:44:09 being updated, and the intervation alliance by Busch

10:44:15 Gardens, Florida hospital and USF is taking shape as --

10:44:22 well, with USF.

10:44:24 Hopefully it will be taking shape pending their finance

10:44:30 condition.

10:44:31 But I thought it was the right tame to commence this plan

10:44:34 and you didn't want to wait and the mayor was very

10:44:37 supportive, and it's a historic moment because the Planning

10:44:39 Commission has never before worked within the Tampa city

10:44:43 limits.




10:44:44 Previous mayors have wanted to keep control over the plans

10:44:49 that were implemented or constructed in their areas.

10:44:52 It was in the city boundaries.

10:44:54 And the mayor is visionary in reaching out saying we are all

10:45:01 in this together, and we are welcoming all the help we can

10:45:05 get.

10:45:06 So thank you very much.

10:45:10 Without the leadership of the administration and the

10:45:15 Planning Commission taking this on, this plan would not have

10:45:18 happened.

10:45:18 So thank you.

10:45:21 >> Steven Griffin: As a final note, next Wednesday we are

10:45:27 going to be kicking off the community planning process.

10:45:30 We are going to have an open house from 5:30 to 7:30 p.m. at

10:45:35 the Gwazi pavilion in Busch Gardens.

10:45:43 We want to thank Busch Gardens for offering the facility to

10:45:46 us, and allowing us to utilize some of their facilities.

10:45:50 I think Ms. Montelione, if we could put that up on the Elmo.

10:45:59 That is the postcard that we sent out to the community and

10:46:03 all the residents got a copy of that in the mail.

10:46:07 Again, it's going to be 5:30-7:30 next Wednesday, February

10:46:11 29th at Busch Gardens.

10:46:14 The parking will be free.

10:46:15 We will have some direct -- so people can go into the park,

10:46:21 into the area where we are going to be located, not in Busch




10:46:27 Gardens, and we want everybody to come and participate and

10:46:31 give their input. We do have a survey for people to fill

10:46:33 out.

10:46:34 We are having some giveaways, and there will be refreshments

10:46:37 served.

10:46:38 So for all those residents out there in the Terrace Park,

10:46:42 University Square area, we welcome you to come to the open

10:46:44 house next Wednesday, February 29th, 5:30 to 7:30 at the

10:46:48 Gwazi pavilion Busch Gardens.

10:46:57 >>LISA MONTELIONE: Thank you.

10:47:00 Any rides?

10:47:01 [ Laughter ]

10:47:02 >> Well, you have to pay to get in the park.

10:47:06 It isn't in that part of the park.

10:47:09 >>LISA MONTELIONE: You won't have to pay to attend.

10:47:11 It's a free event.

10:47:13 Busch Gardens is graciously providing refreshments and the

10:47:18 use of the Gwazi pavilion, and as Mr. Griffin pointed out

10:47:25 there will be a give-away, 50 open house participants as it

10:47:29 says on the card will receive free tickets to the 2012 bay

10:47:33 area renaissance festival in MOSI.

10:47:39 That will be a good incentive for folks to get out.

10:47:42 And the area was highlighted on the map, but it's anyone who

10:47:53 lives, owns a business, would have input between the Temple

10:47:55 Terrace city line to 75, Busch Boulevard and Fowler Avenue.




10:48:00 So if you have a vested interest in that area, please come,

10:48:06 because we want to include as many voices in this plan as

10:48:12 possible.

10:48:13 It will be a great kickoff on Wednesday.

10:48:18 So please come out if you are between those boundaries.

10:48:21 Thank you.

10:48:21 >>> And I also what wanted to thank the operators of the

10:48:33 Renaissance festival, since they are part of that area and

10:48:37 community and again wanted to make sure that they were

10:48:40 understood and welcome in that committee.

10:48:42 So thank you for providing those giveaways as well as the

10:48:45 folks in Busch Gardens.

10:48:49 Thank you.

10:48:49 >>MARY MULHERN: Thank you.

10:48:53 Item number 6.

10:48:59 Councilwoman Capin.

10:49:03 >>YVONNE CAPIN: Yes, thank you.

10:49:04 Please join me in welcoming NIKKI, Daniels, Executive

10:49:09 Director of the Family Justice Center of Hillsborough County

10:49:11 to give you an overview of their activities, the mission of

10:49:14 the Family Justice Center of Hillsborough County is to

10:49:17 improve the lives of family violence victims to community

10:49:20 collaboration and the provision of comprehensive services in

10:49:25 a single location.

10:49:26 The Family Justice Center is a community-wide collaborative




10:49:30 between public, private and non-profit organizations to

10:49:35 provide comprehensive services to Hillsborough County

10:49:37 domestic violence victims and their family in a central

10:49:41 location or a one-stop shop.

10:49:44 Thank you, Nikki, for taking the time to be here today.

10:49:49 Nikki Daniels.

10:49:51 >> Thank you for inviting me to be here today.

10:49:54 Thank you all for your time this morning and good morning.

10:49:56 I want to introduce you first to our board chairwoman Linda

10:50:01 Reynolds Senkovich -- she was recently married -- Jesse

10:50:08 Collins is here, and also serves on our board of directors.

10:50:14 We have a PowerPoint.

10:50:15 If we can have that, that will be great.

10:50:17 There it is.

10:50:18 So thank you again for having me here today.

10:50:20 The president's Family Justice Center initiative was started

10:50:22 in 2004 when President Bush realized that the San Diego

10:50:28 Family Justice Center had a model of domestic violence that

10:50:31 would be useful around the country so he actually provided

10:50:35 $20 million in funding to start 15 family justice centers

10:50:38 around the country.

10:50:40 And Hillsborough County was chosen as one of those original

10:50:42 sites.

10:50:43 So we are part of that Family Justice Center.

10:50:47 And as you can see from that slide the San Diego approach




10:50:50 was basically to bring all of the services that a domestic

10:50:53 violence victim might need into one location.

10:51:03 There we go.

10:51:06 We are a partnership with lots of different agencies.

10:51:09 We'll go through that in a second.

10:51:12 Bay area legal services, many county agencies as well, the

10:51:15 clerk of the court with us, the Hillsborough County has

10:51:19 their economic assistance program, lots of other programs

10:51:21 that are on our location.

10:51:24 Ms. Capin red you the mission statement.

10:51:26 We are a community wide collaborative so we serve all of

10:51:29 Hillsborough County, and honestly beyond.

10:51:31 We get people from on the areas of the state and the country

10:51:34 who come to us as well.

10:51:36 So if someone comes to see us for the first time they are

10:51:41 going to meet with one of our staff.

10:51:42 And at that point we can do crisis council, because

10:51:45 obviously if someone is suffering from domestic violence

10:51:47 kinds of issues, they are probably in need of some emotional

10:51:50 support, needs assessment, try to look at all of what needs

10:51:55 they might have, a danger assessment.

10:51:57 Many.

10:51:57 Folks we serve are at very high risk of severe abuse or

10:52:00 homicide.

10:52:01 A safety plan.




10:52:03 Obviously if we know about the danger, we want to try to be

10:52:05 able to help them with that.

10:52:07 An action plan, which is a plan to help them get the

10:52:09 services that they need.

10:52:10 And I will talk a little more about that, because it's

10:52:13 direct linkage to on-site partners.

10:52:15 So we do not have someone come in and say, okay, you need

10:52:18 this agency, this agency, this agency.

10:52:21 Here is a bunch of phone numbers, go ahead and call them.

10:52:24 Good luck with getting that to happen.

10:52:26 We have all of those partners, over 20 different agencies

10:52:29 are on-site right now and we can pull up their calendars and

10:52:32 directly schedule their appointment for them. So say you

10:52:34 need ongoing therapy, you need economic assistance, and, you

10:52:39 know, whatever else and you are off on Tuesday afternoon.

10:52:42 We can pull all those calendars up, say this is free at one,

10:52:46 this is free at two, this is free at three, and you are set

10:52:48 with your appointment, as well as a lot of immediate kinds

10:52:51 of services that we are able to get for someone.

10:52:54 And immediate services include protection.

10:52:59 All of our staff are deputized by the clerk of the court so

10:53:03 someone can come to our location, we will assist them with

10:53:05 completing the injunction paperwork which is very

10:53:07 complicated if you haven't seen it before, and the clerk's

10:53:10 office is not able to assist them with that.




10:53:12 They have to be that neutral third party, but we can assist

10:53:16 them and the judges awarding the injunctions filed is much

10:53:20 higher than if they just file at the clerk's office without

10:53:22 any assistance.

10:53:23 So we can go ahead, fill out that paperwork with them,

10:53:26 submit to the judge.

10:53:27 We get all that response back.

10:53:29 We can print out what we need because we are deputized, we

10:53:32 can certify those copies and they don't have to go to the

10:53:34 courthouse until they have their hearing two weeks later.

10:53:37 So it's a much easier process.

10:53:39 And part of what makes that easier is we are open from

10:53:41 8 a.m. to 8 p.m. Monday through Thursday, 8 to 5 on Monday

10:53:44 through Friday, so someone can come in after work do all the

10:53:47 paperwork, we work it out with the judge, they come after

10:53:50 work and pick up.

10:53:52 That wouldn't be as possible as it used to be at the

10:53:53 courthouse.

10:53:54 So we have on-site advocacy and case management counseling

10:53:58 and support group, safety planning injunction, legal

10:54:00 assistance both family law, and assistance with injunctions

10:54:05 from bay area legal services as well as immigration law from

10:54:07 Gulf coast legal services, on-site with us, lots of basic

10:54:11 needs.

10:54:11 We have food boxes on-site from Metropolitan Ministries.




10:54:16 We run a clothes closet, all volunteers that coordinate that

10:54:19 program.

10:54:19 We can assist with financial assistance.

10:54:21 We have an on-site chaplaincy program with volunteers to

10:54:25 provide spiritual support for folks going through a very

10:54:28 stressful time.

10:54:29 We can assist with county and state health care

10:54:31 applications.

10:54:31 We have an advocate on-site who can assist with military

10:54:34 families.

10:54:35 And that's a unique piece that we are able to offer because

10:54:39 there are very few advocate in the country who work with the

10:54:42 military who are able to keep information confidential.

10:54:45 If someone goes through the family advocacy program and says

10:54:49 I'm a victim of domestic violence, that military member

10:54:54 supervisor is informed who then kind of tells him or her to

10:54:58 stop abusing your victim, and that probably doesn't go so

10:55:01 well at home, and that person probably never reaches out for

10:55:04 help again.

10:55:05 The advocate we have on-site is able to keep that

10:55:07 information confidential as long as it's not imminently life

10:55:10 threatening.

10:55:13 And help make someone make a plan instead of all of a sudden

10:55:16 you are pushed into making a decision right at that moment.

10:55:19 These are our on-site partners and I won't read them all,




10:55:23 but they are agencies that have been around in our community

10:55:24 for a long time for the most part.

10:55:27 Some of them are individuals who provide volunteer service

10:55:30 with us.

10:55:31 I'll tell you the life center is one of our recent partners.

10:55:34 They have been in the community for 35 years.

10:55:36 You probably have heard of them.

10:55:38 They specialize in grief counseling, and this partnership

10:55:41 developed because the Family Justice Center worked with the

10:55:43 domestic violence task force to start a review team and we

10:55:48 review every entity partner homicide that happens in our

10:55:52 community.

10:55:52 We haven't gotten 2011's back yet but in 2010 there were 14

10:55:56 people killed in Hillsborough County in domestic violence

10:55:59 incidents.

10:56:01 So one of the things we learn is that meantimes we learn is

10:56:04 that minor children in the home witness the homicide.

10:56:07 And meantimes it was the child who found usually mom

10:56:13 deceased the next morning.

10:56:14 I can't imagine anything being more traumatic.

10:56:17 My training is as a therapist.

10:56:19 One of the things we learned is that none of those children,

10:56:21 if they witness the homicide, if they found the mom the next

10:56:24 morning, now they have lost their parent, typically they

10:56:26 lost both parents because about a third of the time the




10:56:28 perpetrator also kills himself, or perpetrators, they have

10:56:37 essentially lost both parents, not one of those children

10:56:40 received counseling.

10:56:41 So we are able to develop this partnership with the life

10:56:43 center and develop a protocol with the school system that's

10:56:46 now being used around the state.

10:56:48 And make sure the children are getting the services they

10:56:51 need to get past this very traumatic thing and kind of move

10:56:54 on from there.

10:56:55 So we have been able to really look at needs in our

10:56:57 community, and develop solutions really for a lot of them

10:57:01 with the work that we are able to do.

10:57:05 This is the front window which is not very welcoming,

10:57:08 bulletproof walls and bulletproof glass.

10:57:11 As you go through the building you see it's much more homey

10:57:14 and comfortable and when you sit down with somebody, have a

10:57:17 cup of coffee, some water, some snacks.

10:57:18 This is our kids play area so usually the kids are pretty

10:57:21 comfortable when they are there.

10:57:23 This is one of the rooms where we sit down and meet with

10:57:25 someone so it's not sit across the desk in a real formal

10:57:28 kind of environment but it's much more warm and supportive

10:57:30 than that.

10:57:31 This is the clothes closet.

10:57:34 We served almost 3,000 adults and over 3,000 children in




10:57:38 that clothes closet since we opened in 2006.

10:57:44 This is a little bit about that chaplaincy program.

10:57:48 This is something about the education levels of the folks

10:57:50 who come to us because a lot of times people think that

10:57:53 domestic violence is an issue that you only impacts lower

10:57:55 income, certain socioeconomic status, uneducated people, you

10:57:59 know, not us.

10:58:01 And what we learn from this is over 30% of the folks have

10:58:06 college degrees, 9% have graduate school, a lot of those

10:58:10 ones that don't have high school are people who are

10:58:13 teenagers and wouldn't have finished their degree yet

10:58:15 because we also serve teens.

10:58:18 So as of October of this year, we have served over 8,000

10:58:21 families.

10:58:22 That was our five year anniversary was in October.

10:58:25 We are actually over 9,000 now.

10:58:28 We have had over 24,000 return visits for service during

10:58:31 that time, and we processed over 3,000 injunction force

10:58:35 protection.

10:58:36 So I'm here just to say thank you, to let you know about the

10:58:39 services available in your community.

10:58:40 We are at the corner of Busch and Florida, the old Floriland

10:58:44 mall.

10:58:45 Definitely within the city limits.

10:58:46 So I'm here to say thank you for your support.




10:58:49 Many of you have been to the center, and I really appreciate

10:58:51 that.

10:58:52 And just to let you know that this is a resource we have in

10:58:54 our community that's actually one of only 15 in the whole

10:58:57 country, and I think we are proud to have that here and

10:59:01 wanted to be able to share that with you.

10:59:03 If anyone has any questions I'm happy to --

10:59:07 >>YVONNE CAPIN: I just want to compliment you on the work

10:59:08 that is being done.

10:59:11 There.

10:59:12 And I have a niece that serves as a social customers at one

10:59:18 of these analysis that you work with, and councils those

10:59:25 children that we are talking about homicide.

10:59:27 I also serve on the board of The Sprung so I am really

10:59:33 pleased, and I really felt that we needed to hear from you,

10:59:38 the public needed to hear from you, and some of us here know

10:59:42 very well the work that's done there.

10:59:44 So thank you.

10:59:44 >> Thank you.

10:59:48 >>MARY MULHERN: Councilman Suarez.

10:59:49 >>MIKE SUAREZ: Thank you.

10:59:56 I know you so I can't call you Ms. Daniels.

10:59:59 Sorry.

10:59:59 I know you have been doing this tape of work for a long time

11:00:02 and the facility is a terrific facility and provides that




11:00:05 one spot, that one-stop shopping so to speak for all these

11:00:09 different types of services, great program that you provide,

11:00:13 and great product.

11:00:15 I had a question, though, about what you mention board of

11:00:17 director hill taker families.

11:00:19 I never thought to ask you before because you are right.

11:00:23 And I will preface this with saying, and my brother-in-law

11:00:26 was a colonel in the military, and used to do those type of

11:00:30 investigations on base, and the problems that typically

11:00:34 happen is when you are on base, you are on base, it's very

11:00:37 difficult for you to get off base for the most part.

11:00:41 Luckily MacDill is not -- does not have the kind of

11:00:45 family services that other bases have, meaning that they are

11:00:48 not families for the most part living on base, so that there

11:00:51 is a little bit more freedom if someone is suffering from

11:00:56 domestic violence.

11:00:57 But I want to applaud you for reaching out and doing what

11:01:01 you do, because it is extremely important.

11:01:04 As you know, you know my background, now my wife is one of

11:01:08 the lawyers in the bay area legal services, which is one of

11:01:11 the partners that you have, and I know that they could not

11:01:15 do their work without a place like the Family Justice

11:01:18 Center.

11:01:20 And where you are located, you are in that planning area so

11:01:23 you can go over to Busch Gardens.




11:01:28 >>LISA MONTELIONE: Thank you, Mr. Suarez.

11:01:30 >> I didn't mean to steal it from you.

11:01:34 But thank you for what you do and keep up your good work.

11:01:37 >>MARY MULHERN: Councilman Cohen.

11:01:39 >>HARRY COHEN: I had a question.

11:01:41 For the last few years, you really had a struggle with your

11:01:45 funding and at one point you were threatened with being

11:01:49 closed.

11:01:50 What's the status of all thatch now?

11:01:52 Is your funding stable?

11:01:53 Where do you get most of your money?

11:01:54 >> Our funding is more stable.

11:01:56 We are not at risk of closure.

11:01:57 I think any nonprofit in our community right now is

11:02:01 struggling with the economy the way it is.

11:02:02 Right now our primary funding, one thing we have been able

11:02:05 to do since we opened five years ago is really diversify our

11:02:08 funding sources so children's board is part of it so you

11:02:11 know I'm sure right now too with their new process there,

11:02:15 the children's board we get some money from the county, we

11:02:17 get victims of crime money which is federal money that flows

11:02:22 through the state, we get some federal appropriation, we

11:02:24 have contracts on federal grants, donations, so we have been

11:02:28 able to broaden our support which I think helps us be more

11:02:31 stable.




11:02:32 That is right when we very first opened and it was a $1.1

11:02:36 million federal grant, and there had been some hopes of

11:02:40 continuing it, and then the federal government decided not

11:02:43 to continue any of those original ones and to start new

11:02:46 centers instead.

11:02:47 So that was a tough time.

11:02:48 And if you think about 2006, and fall of 2006, when we

11:02:53 opened and then early in 2007 it was a really tough time to

11:02:56 be able to get support in the community as a brand new

11:02:59 agency.

11:02:59 So still, a struggle but much more stable than we were in

11:03:02 the beginning.

11:03:04 Thank you.

11:03:04 >>MARY MULHERN: Councilwoman?

11:03:08 >>LISA MONTELIONE: Thank you.

11:03:09 I will call you NIKKI.

11:03:13 I have to say that whether it's both fortunate and

11:03:19 unfortunate, my niece in September was a victim of domestic

11:03:25 violence in Broward County.

11:03:27 She moved in with me, and I called you, and let me tell you,

11:03:33 her cell phone number is on her business card and she picks

11:03:36 up the phone.

11:03:39 I was very fortunate to get you on the phone right away.

11:03:42 Brought my niece to the center.

11:03:45 She has gone through some of the processes already in




11:03:48 Broward County.

11:03:49 But she has two small children, and when she walked in, wow,

11:03:57 I had been there before, but she goes, wow, this is

11:04:00 beautiful.

11:04:00 And Noah is one and her daughter is four and we played in

11:04:06 that bay area, and she has been attending -- her work

11:04:13 schedule is a little difficult but she's been attending as

11:04:16 she can the Monday night session, the support group session,

11:04:22 so they are open.

11:04:25 They are free.

11:04:26 They are Monday night at 6:30?

11:04:29 >> 6:15 to 7:30.

11:04:32 >>LISA MONTELIONE: And she's been going, and it's really

11:04:35 benefited her quite a bit to have people that have been

11:04:40 through what she's gone through.

11:04:41 And one of the comments she made was that everyone is

11:04:44 talking in a positive way, and about self-esteem and doing

11:04:49 things, and she said, at first, you listen and you are not

11:04:54 sure that you are in the right place because everybody is so

11:04:57 positive, then she said you start hearing the affirmations

11:05:03 of now I can do this without, you know, getting beat down or

11:05:09 assaulted and now I can load the dish washer the way I want

11:05:12 to.

11:05:12 It simple little things, you know.

11:05:15 I can cut my hair the way I want it to look.




11:05:18 And she said then you start realizing that these women have

11:05:23 the same experiences that I have had.

11:05:25 So she's really grateful for that and all of the help that

11:05:33 you and your agency and your staff members have given to her

11:05:38 and her children, and it was just a strong coincidence that

11:05:47 I happened to be there for an event, not long after she

11:05:52 moved in with me.

11:05:53 That was before, right before she moved in.

11:05:56 And I was so happy that you are in my neighborhood, so that

11:06:01 it's a convenient location, and that is right near 275, so

11:06:08 anybody that has to get to the center, it very convenient.

11:06:11 >> Thank you.

11:06:14 And I am honor thawed came to us.

11:06:16 We appreciate that support.

11:06:17 And when we located the building, we actually chose that

11:06:20 location because Florida Avenue has the busiest bus line in

11:06:23 the county so to make it more convenient.

11:06:25 It pretty central.

11:06:26 Most people know where the old Floriland mall is even if

11:06:31 they were here when it wasn't a mall and we plotted tall

11:06:34 domestic violence arrests in the county to try to determine

11:06:36 where most were happening and as you expect it's kind of a

11:06:39 long that 275 corridor from downtown to like Fletcher so we

11:06:45 wanted to be where the most need was.

11:06:47 We were thoughtful in where we located the building.




11:06:50 I appreciate it.

11:06:51 Thanks.

11:06:54 I appreciate your time today.

11:06:55 >>MARY MULHERN: Thank you so much.

11:06:56 Thank you for all your staff and everyone associated with

11:06:59 you for all that you do.

11:07:00 >>> Thank you.

11:07:02 I appreciate your support.

11:07:03 >>MARY MULHERN: And thank you, Councilwoman Capin, for

11:07:06 bringing this to the public eye, the work that they do.

11:07:11 >>YVONNE CAPIN: Thank you.

11:07:12 And it's a coincidence that Councilwoman Montelione and

11:07:15 myself were at that same occasion.

11:07:17 It was an anniversary celebration, and thank you for being

11:07:21 here and taking the time.

11:07:24 >>HARRY COHEN: Not to be outdone, but I was at the opening.

11:07:33 [ Laughter ]

11:07:35 >> (off microphone).

11:07:41 >>MARY MULHERN: Thank you.

11:07:44 Looks like we don't have any public comment.

11:07:48 Any new business, Councilwoman Montelione?

11:07:51 >>LISA MONTELIONE: No new business, thank you.

11:07:53 >>HARRY COHEN: Just one item, Madam Chair.

11:07:56 I would like to make a motion that Michael strike, Florida

11:08:01 orchestra, appear before council on April 5th at




11:08:03 9:00 a.m. to give a 5-minute presentation regarding events

11:08:06 that have happened to the orchestra since he last appeared

11:08:10 before us.

11:08:11 >> Second.

11:08:12 >>MARY MULHERN: All in favor?

11:08:14 Anyone opposed?

11:08:16 Councilwoman Capin?

11:08:18 >>YVONNE CAPIN: Okay, I do have one item.

11:08:20 Of new business.

11:08:24 You all may be aware that the city of Orlando has a domestic

11:08:28 partner registry ordinance in December, and in January the

11:08:33 mayor and the city clerk implemented the procedures on

11:08:38 domestic partner registration.

11:08:43 And under this ordinance, certain important rights that are

11:08:51 otherwise denied to domestic partners and includes the right

11:08:54 to freely visit their partners in the hospital and the right

11:08:57 to make family decisions together.

11:09:00 The city clerk in Orlando registered more than 100 couples

11:09:05 during the first week of registration, and the program in

11:09:07 Orlando is revenue neutral and the clerk charges $30 per

11:09:12 couple, that is the amount that adequately covers the

11:09:16 clerk's additional operating cost for the new service.

11:09:19 Therefore, what I would like to bring forth, and I have

11:09:24 copies of the Orlando ordinance, is for our legal department

11:09:30 to look at this ordinance and for us -- I would like to make




11:09:37 a motion that we bring forth a domestic partnership registry

11:09:42 ordinance for the City of Tampa.

11:09:44 >> Second.

11:09:46 >>MARY MULHERN: All in favor?

11:09:47 Anyone opposed? Thank you.

11:09:53 Councilman Suarez.

11:09:54 >>MIKE SUAREZ: Are you done? I want to make sure.

11:09:57 I have several pieces of new business.

11:09:59 Thank you, chair.

11:10:01 I would like to have set on our calendar for April 5th a

11:10:08 presentation for Pam Duval of the animal coalition of Tampa

11:10:11 at the April 5th council meeting, ten-minute

11:10:15 presentation, mission of the animal coalition Tampa is to --

11:10:21 end the killing of dogs and cats and to solve the

11:10:26 overabundance of dogs and cats and offer nonlethal options

11:10:30 and affordable prices, and that would be April 5th, 9:00

11:10:36 a.m.

11:10:38 >>MARY MULHERN: All in favor? Anyone opposed?

11:10:44 >>YVONNE CAPIN: Did I need to give a specific date for legal

11:10:46 to come back with the ordinance?

11:10:48 I didn't give a date.

11:10:52 Let's give them enough sufficient time to look at it.

11:10:58 March 15th at 9 a.m.

11:11:00 >> Under staff reports?

11:11:05 >>YVONNE CAPIN: Yes, sir.




11:11:05 >>MARY MULHERN: Do we need a motion for that?

11:11:13 >>YVONNE CAPIN: To amend the motion for the time?

11:11:15 >>MIKE SUAREZ: I don't think we do.

11:11:20 >>MARY MULHERN: Okay, great.

11:11:24 Next, I would like to move that the council be requested to

11:11:27 prepare a commendation for Herb Fector, real estate

11:11:33 management and growth services to celebrate his retirement

11:11:38 from Tampa, March 15th, under ceremonial activities,

11:11:43 served the city since January 3rd of 2006.

11:11:45 He's going to retire on that next day, March 16th.

11:11:49 And we want to wish him well in his retirement.

11:11:51 >>MARY MULHERN: All in favor?

11:11:56 >>MIKE SUAREZ: Next, during one of our presentations we

11:11:58 talked about the tobacco-froe partnership.

11:12:01 We as a council voted in favor of that, and I just wanted to

11:12:04 show you that we did get a commendation, a little plaque,

11:12:08 and we are going to put it in the hallway somewhere, that we

11:12:12 have got it.

11:12:14 I was fortunate enough on the 13th to go and receive

11:12:17 that from them, and I appreciate all your support for that

11:12:20 particular -- that particular venture.

11:12:23 I think that we are going to have a lot more help to try to

11:12:27 solve the problem of underage smoking.

11:12:31 Lastly, I would like a resolution commemorating Freddie

11:12:36 Solomon who just passed away recently for his significant




11:12:40 contribution to the City of Tampa through his lifetime of

11:12:44 accomplishment both on the football field as a former

11:12:47 quarterback for the University of Tampa, and a great, great

11:12:51 athlete, but also as an employ of Hillsborough County

11:12:55 sheriff's office.

11:12:56 He really worked very hard to help people in all

11:13:00 communities, bring them together, to really make life better

11:13:05 for most people in all parts of Tampa.

11:13:08 I would like to move that resolution.

11:13:10 >> I second it.

11:13:17 >>MARY MULHERN: Thank you.

11:13:19 We are adjourned.

11:13:20 >> Motion to receive and file.

11:13:21 >> Second.

11:13:23 >>MARY MULHERN: All in favor?



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