CAPTIONING NOVEMBER 4, 2009 BOCC REGULAR MEETING AFTERNOON SESSION ***This is not an official, verbatim transcript of the ***following meeting. It should be used for informational ***purposes only. This document has not been edited; ***therefore, there may be additions, deletions, or words ***that did not translate. >>KEN HAGAN: GOOD AFTERNOON, AND WELCOME BACK TO THE AFTERNOON SESSION OF THE BOARD OF COUNTY COMMISSIONERS REGULAR SCHEDULED BOARD MEETING. AT THIS TIME, MS. BEAN, I BELIEVE WE'RE GOING TO TAKE UP A COUPLE ITEMS THAT WERE PREVIOUSLY SCHEDULED FOR THIS MORNING. >>PAT BEAN: YES. WE'RE GOING TO TAKE UP AT THIS POINT ITEM B-4, WHICH WAS SCHEDULED FOR 10:45. THIS IS AN AUDIT REPORT ON THE IMPACT FEE PROGRAM, AND DAN POHTO'S COMING TO THE MIC TO DO THAT. >>KEN HAGAN: GOOD AFTERNOON, DAN. >>DAN POHTO: WE HAVE TWO AUDITS HERE BEFORE YOU THIS AFTERNOON. ONE IS THE IMPACT FEE PROGRAM, B-4. JUST AS A NOTE, THERE ARE SEVERAL FINDINGS IN THERE. SOME HAVE BEEN TAKEN CARE OF. SOME ARE PROBABLY GOING TO BE DONE BY THE END OF THIS YEAR, AND SOME ARE PROBABLY A LITTLE BIT LONGER OUT. THIS AUDIT WE DIDN'T LOOK AT HOW THE MONEY WAS SPENT. IT WAS MORE THE CONTROLS SURROUNDING THE PROGRAM. AND I HOPE THAT WITH SOME OF THE DISCUSSIONS THIS MORNING ON TRANSPORTATION AND SOME OF THE DISCUSSIONS ON THAT THAT WE DON'T TRY TO, LET'S JUST SAY, MUDDY THE WATERS BETWEEN IMPACT FEES AND THE WAY THAT'S BEEN HANDLED FOR THE LAST 24 YEARS SINCE 1985 AND HOW WE'RE GOING TO GO FORWARD WITH THE TRANSPORTATION INITIATIVES YOU DISCUSSED THIS MORNING FOR THE NEXT 25 YEARS. IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THEM. >>KEN HAGAN: ANYONE HAVE ANY QUESTIONS OR COMMENTS FOR DAN ON THIS AUDIT? CAN WE HAVE A MOTION TO ACCEPT THE REPORT? MOTION, COMMISSIONER WHITE. DO I HAVE A SECOND? SECOND, COMMISSIONER SHARPE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 5-1. COMMISSIONER HIGGINBOTHAM VOTED NO. >>PAT BEAN: THE NEXT ITEM -- >> [OFF MICROPHONE] >>KEN HAGAN: MOTION COMMISSIONER SHARPE, SECOND COMMISSIONER HIGGINBOTHAM. PLEASE RECORD YOUR VOTE TO RECONSIDER THE LAST ITEM. >>RECORDING SECRETARY: MOTION CARRIED 5-0. >>KEN HAGAN: MOTION TO ACCEPT THE REPORT. >>RECORDING SECRETARY: I'M SORRY. 6-0, COMMISSIONER WHITE. REOPEN IT. >>KEN HAGAN: MOTION TO ACCEPT THE REPORT BY COMMISSIONER WHITE, SECOND COMMISSIONER SHARPE. >>RECORDING SECRETARY: OKAY. THANK YOU. MOTION CARRIED 6-0. >>KEN HAGAN: OKAY. >>PAT BEAN: ALL RIGHT. THE NEXT ITEM IS ITEM B-5. THIS IS ALSO PRESENTED BY DAN POHTO, AND IT HAS TO DO WITH THE ITS AUDIT. >>DAN POHTO: THIS WAS A FOLLOW-UP TO AN AUDIT WE DID LAST YEAR. THERE ARE STILL SEVERAL ITEMS OPEN, AND I BELIEVE I CAN SAY THAT MOST OF THOSE ITEMS ARE AROUND NONFUNDING ISSUES, AND WITH THE NUMBER OF PEOPLE THAT WERE RIF'D OUT OF ITS OVER THE LAST COUPLE OF YEARS. THERE'S GOING TO BE SOME MITIGATION OF SOME OF THESE FINDINGS AND I THINK SOME WAY OF TRYING TO ADDRESS SOME FUNDING FOR THE OTHERS. THERE WAS A NEW FINDING, BUT IT WAS TO DO WITH ACCESS KEYS TO ALL THE LITTLE COMPUTER ROOMS AROUND, AND THAT'S BEEN TAKEN CARE OF. IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THEM. ANY QUESTIONS OR COMMENTS FOR DAN? IF NOT, CAN I HAVE A MOTION TO ACCEPT THE REPORT? >>MARK SHARPE: SO MOVED. >>KEN HAGAN: MOTION, COMMISSIONER SHARPE; SECOND, COMMISSIONER BECKNER. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 6-0. >>DAN POHTO: MR. CHAIR, MAY I JUST GIVE YOU AN UPDATE? ON OCTOBER 7th, THE CLERK'S OFFICE AND THE BOARD -- I BROUGHT TO YOU A SCOPE OF SERVICES FOR THREE PERFORMANCE AUDITS THAT WE'RE GOING TO DO FOR YOU, HAVE THEM OUTSOURCED. WE'VE GOT THE RFP READY TOGETHER. YESTERDAY I SIGNED OFF ON IT, AND I BELIEVE IT SHOULD BE UP IN THE ATTORNEY'S OFFICE, SO HOPEFULLY WE'LL GET THAT BACK AND WE'LL BE ADVERTISING THAT IN THE NOT-TOO-DISTANT FUTURE FOR YOU. >>KEN HAGAN: THANK YOU, SIR. APPRECIATE THE UPDATE. >>DAN POHTO: THANK YOU. >>PAT BEAN: NEXT ITEM IS ITEM D-1. THIS WAS SCHEDULED FOR 2:00. IT'S A PUBLIC HEARING, AND IT HAS TO DO WITH ONE OF THE WATER RESOURCE ASSESSMENT PROGRAMS. PAUL VANDERPLOOG WILL PRESENT THIS ITEM. >>KEN HAGAN: GOOD AFTERNOON, GENERAL. >>PAUL VANDERPLOOG: GOOD AFTERNOON, MR. CHAIR, COMMISSIONERS, PAUL VANDERPLOOG, WATER RESOURCE SERVICES. AS STATED, THIS IS A PUBLIC HEARING. YOUR PURPOSE TODAY IS TO AFFIRM YOUR INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR IMPACT FEE ASSESSMENT UNITS. THIS MUST BE ACCOMPLISHED PRIOR TO JANUARY OF THE YEAR IN WHICH THE ASSESSMENT WILL BE COLLECTED SO THAT THE ASSESSMENT MAY BE PROPERLY LINKED WITH THE PROPERTY OWNER'S TAX BILL. THIS HEARING WAS PROPERLY NOTICED IN LOCAL PRINT MEDIA FOR FOUR CONSECUTIVE WEEKS PRIOR TO THIS HEARING. I RECOMMEND YOUR FAVORABLE CONSIDERATION. THANK YOU. >>KEN HAGAN: THIS IS A PUBLIC HEARING. WOULD ANYONE LIKE TO SPEAK TO THIS ITEM? CAN I HAVE A MOTION TO APPROVE? MOTION, COMMISSIONER WHITE. SECOND? DO WE HAVE A SECOND? >>MARK SHARPE: SECOND. >>KEN HAGAN: SECOND, COMMISSIONER SHARPE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>PAT BEAN: THE NEXT ITEM IS ITEM D-2. THIS IS ALSO A PUBLIC HEARING. THIS IS TO CONSIDER THE ENACTMENT OF AN ORDINANCE REGULATING PROPERTY MAINTENANCE STANDARDS IN HILLSBOROUGH COUNTY. >>RACHEL GREENSTEIN: GOOD AFTERNOON, COMMISSIONERS. RACHEL GREENSTEIN, ASSISTANT COUNTY ATTORNEY. THIS IS A PUBLIC HEARING ON THE PROPOSED PROPERTY MAINTENANCE CODE, WHICH REGULATES THE STANDARDS FOR NONRESIDENTIAL AND RESIDENTIAL STRUCTURES. THE ORDINANCE WAS PROPERLY ADVERTISED IN THE TAMPA TRIBUNE ON OCTOBER 23rd, AND I HAVE STAFF FROM THE CODE ENFORCEMENT DEPARTMENT, DEXTER BARGE AND JOHN FERDON, TO ASSIST ME WITH ANY QUESTIONS YOU HAVE. >>KEN HAGAN: WOULD ANYONE LIKE TO SPEAK TO THIS PUBLIC HEARING? IF NOT, CAN WE HAVE A MOTION TO APPROVE? >>MARK SHARPE: MOVE APPROVAL. >>KEN HAGAN: MOTION, COMMISSIONER SHARPE. DO WE HAVE A SECOND? SECOND, COMMISSIONER FERLITA. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: COMMISSIONER SHARPE. MOTION CARRIED 7-0. >>PAT BEAN: THE NEXT ITEM IS ITEM B-6, SCHEDULED FOR 2:15. WE'RE NOT QUITE THERE. I GUESS WE NEED TO TAKE A COUPLE OF THE OTHER ITEMS UNTIL WE GET TO 2:15. WE COULD GO BACK AND PICK UP ITEM B-1. THIS IS AN ITEM BROUGHT TO YOU BY EDITH STEWART. IT HAS TO DO WITH THE STATE AND FEDERAL LEGISLATIVE PROGRAMS. EDITH. >>EDITH STEWART: HELLO, COMMISSIONERS. I'M HERE TODAY TO BRING THE ANNUAL STATE AND FEDERAL LEGISLATIVE PROGRAM AGENDA ITEMS FOR YOU. THERE IS NOTHING OF NOTE THAT'S BEEN ADDED OR SUBTRACTED. THEY ARE MOSTLY CARRY-OVERS FROM LAST YEAR. SPECIFICALLY, I'LL DRAW YOUR ATTENTION TO, IN THE STATE PROGRAM, GROWTH MANAGEMENT. THE LEGISLATURE IS IN COMMITTEE MEETINGS THIS WEEK, AND THEY INTEND TO CONTINUE THEIR SUNSET REVIEW OF THE DEPARTMENT OF COMMUNITY AFFAIRS, AND MOBILITY FEES WILL BE AN ISSUE WITHIN THAT LEGISLATIVE PROCESS. AND THEY ALSO PROBABLY WILL ADDRESS THE ELIMINATION OF CONCURRENCY AT THE LOCAL LEVEL. SO WE'LL BE WATCHING THAT CAREFULLY. AS USUAL, WE HAVE THE FAC LEGISLATIVE PROGRAM AND THE NACO LEGISLATIVE PROGRAM AS AN UMBRELLA FOR OUR PROGRAM, AND WE WILL NOTIFY YOU IF ANY OF THOSE POSITIONS DIFFER FROM THE BOARD'S STATED POSITION. AND I'D ALSO LIKE TO LET YOU KNOW THAT WE ALWAYS WORK CLOSELY WITH EPC, AND ONE OF THEIR KEY ISSUES IS EMBRACED IN THE FLORIDA ASSOCIATION OF COUNTIES' AGENDA. I'M HAPPY TO ANSWER QUESTIONS IF YOU HAVE ANY. >>KEN HAGAN: DO WE HAVE ANY QUESTIONS OR COMMENTS FOR EDITH ON THE 2010 STATE AND FEDERAL LEGISLATIVE PROGRAMS? IF NOT, CAN WE HAVE A MOTION? >>ROSE FERLITA: MR. CHAIRMAN, I HAVE A QUESTION. I'M CERTAIN I'M GOING TO SUPPORT IT, BUT IF THERE'S ANYTHING THAT COMES UP THAT WE WOULD LIKE TO ADD ON SO THAT MS. STEWART CAN KIND OF PUT THE INTENT, THEN CERTAINLY WE CAN DISCUSS IT ON A CASE-BY-CASE -- >>EDITH STEWART: CERTAINLY, COMMISSIONER. WE ALWAYS ENTERTAIN -- >>ROSE FERLITA: CERTAINLY, I'M SUPPORTIVE OF THIS, AND I'LL MOVE THE ITEM. >>KEN HAGAN: MOTION BY COMMISSIONER FERLITA, SECOND, COMMISSIONER BECKNER. PLEASE RECORD YOUR VOTE. >>EDITH STEWART: THANK YOU, COMMISSIONERS. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>PAT BEAN: THE NEXT ITEM WOULD BE B-2. THIS IS THE ITEM REGARDING THE DEFERRAL OF THE NINE EAGLES DRIVE SIDEWALK PROJECT, AND BOB GORDON WILL PRESENT THIS. >>BOB GORDON: GOOD AFTERNOON, BOARD. BOB GORDON, PUBLIC WORKS DIRECTOR. WE'RE REPORTING BACK TO YOU AFTER THE SEPTEMBER 29th MEETING, WHEN WE CONDUCTED ANOTHER PUBLIC HEARING TO FIND OUT IF THERE WAS, INDEED, ENOUGH PUBLIC SUPPORT TO CONSTRUCT THE SIDEWALK ALONG THE WEST SIDE OF NINE EAGLES, AND IT SHOULD BE COMING UP ON THE OVERHEAD SCREEN HERE IN A MINUTE SHOWING THE LOCATION OF THAT. AT THE MEETING, THERE WAS PRETTY OVERWHELMING SUPPORT AGAINST THE SIDEWALK. PRIMARILY WE BELIEVE IT'S REALLY NOT THE OPPOSITION TO THE SIDEWALK SO MUCH AS IF THE SIDEWALK GOES IN, THE BUSING MAY NOT CONTINUE, AND OF COURSE, THE PARENTS AND THE SUBDIVISION TO THE NORTH, WESTWOOD LAKES AREA, ARE VERY CONCERNED ABOUT THAT BUSING BEING DISCONTINUED BY THE SCHOOL BOARD. WE HAVE BEEN UNABLE TO GET A COMPLETELY CONCLUSIVE RESPONSE FROM THE SCHOOL BOARD AS TO WHETHER OR NOT THEY WOULD AUTHORIZE -- OR DISCONTINUE THE BUSING OF STUDENTS IF AND WHEN THE SIDEWALK IS CONSTRUCTED, SO WHAT WE'RE ASKING YOU TO DO TODAY IS ASKING YOU TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS -- FIRST OF ALL, ASKING YOU TO DEFER THE PROJECT UNTIL AT LEAST APRIL OF 2010 AND AUTHORIZING OUR CHAIRMAN TO WRITE A LETTER TO THE SCHOOL BOARD REQUESTING AFFIRMATIVELY WHETHER OR NOT THEY WILL OR WILL NOT CONTINUE BUSSING IF THE SIDEWALK IS CONSTRUCTED. THERE ARE SOME NEGATIVE IMPLICATIONS IF WE DON'T GO FORWARD WITH THE SIDEWALK, INCLUDING POTENTIALLY REIMBURSING D.O.T. FOR SOME DESIGN COSTS. THIS IS GRANT MONEY THAT WE'RE USING. IT ALSO COULD AFFECT OUR ABILITIES TO SECURE GRANT FUNDS ON OTHER PROJECTS IN THE FUTURE. SO OBVIOUSLY, IT'S IMPORTANT FOR US TO HAVE A COMMITMENT ONE WAY OR THE OTHER SO WE CAN MAKE AN INFORMED DECISION. SO OUR RECOMMENDATION TO YOU TODAY IS TO DEFER THE PROJECT UNTIL APRIL OF 2010 TO ALLOW THE SCHOOL BOARD TIME TO REPLY TO A COMMUNICATION REQUEST FROM OUR CHAIRMAN AS TO WHETHER OR NOT THEY WILL CONTINUE OR DISCONTINUE THE BUSING IF THE SIDEWALK IS CONSTRUCTED. >>KEN HAGAN: COMMISSIONER SHARPE. >>MARK SHARPE: WELL, IF I UNDERSTAND CORRECTLY, I THINK THE MAJORITY OF CITIZENS WHO LIVE OUT IN NINE EAGLES ARE SAYING THEY WANT THE BUS STOP, AND THEY'RE AFRAID IF WE BUILD THE SIDEWALKS, THEY'LL LOSS LOSE THE SCHOOL BUS STOP? >>BOB GORDON: THAT'S CORRECT. >>MARK SHARPE: AND THEY WILL, INDEED, LOSE THE BUS STOP IF WE BUILD THE SIDEWALKS? >>BOB GORDON: WELL, WE CAN'T GET AN AFFIRMATIVE ANSWER ON THAT. SO FAR THE SCHOOL BOARD HAS BEEN RELUCTANT TO SAY WHETHER OR NOT THEY WILL CONTINUE OR DISCONTINUE THAT. PROBABLY BASED ON WHETHER OR NOT THEY WILL CONTINUE TO RECEIVE STATE FUNDING TO BUS THE STUDENTS BECAUSE CURRENTLY IT'S IDENTIFIED AS A HAZARDOUS WALKING CONDITION, AND IT QUALIFIES FOR STATE FUNDING TO AUGMENT THE COST OF BUSING. SO YOU SEE WHERE WE'RE AT. WE WENT TOGETHER IN A PARTNERSHIP ON THIS THING WITH THE SCHOOL BOARD, BOTH DECIDED THAT WOULD MAKE IT SAFER RATHER THAN HAVING SCHOOL CROSSINGS. WE COME DOWN TO THE END OF THE PROJECT NOW, AND WE NEED TO JUST HAVE A DEFINITIVE ANSWER FROM THEM. >>MARK SHARPE: OKAY. I'LL MAKE THE MOTION. >>KEN HAGAN: OKAY. WE'VE GOT A MOTION BY COMMISSIONER SHARPE, SECOND BY COMMISSIONER FERLITA. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>BOB GORDON: THANK YOU. >>PAT BEAN: YOUR NEXT ITEM IS ITEM B-3. THIS IS A RESOLUTION TO AMEND THE HILLSBOROUGH COUNTY CAPITAL IMPROVEMENT PROGRAM, ADDING SEVEN PROJECTS, AND PEGGY HAMRIC WILL PRESENT THIS ITEM. >>PEGGY HAMRIC: GOOD AFTERNOON, COMMISSIONERS. PEGGY HAMRIC WITH THE REAL ESTATE DEPARTMENT. BACK IN MAY THIS BOARD AUTHORIZED US TO MAKE APPLICATION FOR THE AMERICAN RECOVERY AND REIMBURSEMENT ACT ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS. WE'RE PLEASED TO ADVISE YOU TODAY THAT SEVEN OF OUR PROJECTS HAVE BEEN SELECTED UNDER THAT PROGRAM. THIS ITEM MERELY ASKS THAT YOU APPROVE ADDING THOSE SEVEN PROJECTS TO THE CURRENT CIP AND THAT YOU APPROVE THE NECESSARY BUDGET AMENDMENT TO APPROPRIATE THE FUNDS FOR THOSE. WE CERTAINLY APPRECIATE THE BOARD'S SUPPORT AND THE ENCOURAGEMENT OF THE COUNTY ADMINISTRATOR FOR OUR ENERGY CONSERVATION PROGRAM, AND I CERTAINLY ALSO WOULD LIKE TO ACKNOWLEDGE THE GREAT WORK THAT RANDY KLINDWORTH DOES -- HE IS OUR ENERGY MANAGER -- IN PURSUING THESE GRANTS. >>KEN HAGAN: ANY QUESTIONS OR COMMENTS? >>ROSE FERLITA: MOVE THE ITEM. >>KEVIN BECKNER: SECOND. >>KEN HAGAN: MOTION TO APPROVE BY COMMISSIONER FERLITA, SECONDS COMMISSIONER BECKNER. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>PAT BEAN: COMMISSIONERS, I THINK YOU COULD TAKE YOUR 2:15 AT THIS POINT IN TIME. THAT'S ITEM B-6. AND THE COUNTY ATTORNEY WILL INTRODUCE THIS ITEM. >>RENEE LEE: YES, THANK YOU. COMMISSIONERS, THIS IS OUR FIRST CONVERSATION OF MANY ABOUT THE CONSOLIDATION OF GOVERNMENT UTILITY SYSTEMS IN HILLSBOROUGH COUNTY. FIRST I WANT TO THANK PAUL VANDERPLOOG AND HIS STAFF FOR THEIR HELP WITH THIS IMPORTANT EFFORT. AND OUR PURPOSE HERE TODAY IS TO TELL YOU BASICALLY THREE THINGS: WHAT SYSTEMS EXIST NOW, WHAT ARE THE BENEFITS OF CONSOLIDATION, AND WHAT ARE THE NEXT STEPS TO START OUR DUE DILIGENCE. AT THE END OF THE PRESENTATION, I'D LIKE THE BOARD TO PASS A MOTION TO ALLOW ME TO BRING BACK AN ITEM ON THE DECEMBER 2nd AGENDA TO HIRE THE CONSULTANTS THAT YOU WILL HEAR FROM TODAY AND TO WORK WITH THE ADMINISTRATOR AND HER STAFF TO IDENTIFY THE DOLLARS NECESSARY TO PERFORM THE DUE DILIGENCE. IN ADDITION TO STAFF, I WANT TO TELL YOU THAT THE TEAMS OF PEOPLE THAT I'VE ASKED TO HELP US THROUGH THIS PROCESS ARE PEOPLE WHO HAVE THE KNOWLEDGE AND EXPERIENCE TO DO THIS CONSOLIDATION. THEY'VE DONE IT BEFORE. SO I WOULD LIKE TO INTRODUCE STEVE BURTON AND JOE STANTON FROM THE LAW FIRM OF BROAD AND CASSEL AND TOM GIBLIN FROM THE LAW FIRM OF NABORS GIBLIN. THEY WILL DISCUSS WITH YOU THE ISSUES THAT I'VE HIGHLIGHTED TODAY. AND STEVE, I THINK YOU'LL BE MAKING THE PRESENTATION THIS AFTERNOON. >> YES, MA'AM. >>RENEE LEE: AND LET ME SAY, COMMISSIONERS, THAT EARLIER IN THE DAY CITIZENS ASKED IF WE HAD ANY MATERIALS ON THAT. AT THE TIME I DID NOT, BUT I DO HAVE A COPY OF THE POWERPOINT THAT'S GOING TO BE PRESENTED TO THE BOARD, AND I WILL MAKE COPIES AVAILABLE TO THE CITIZENS AS WELL, SO THANK YOU. >>KEN HAGAN: GOOD AFTERNOON, MR. BURTON. >> GOOD AFTERNOON, COMMISSIONERS. STEVE BURTON, BROAD AND CASSEL. COMMISSIONER BECKNER, BEFORE YOU GET TO IT, BECAUSE I KNOW YOU THINK OF STIMULUS WHEN YOU THINK OF RA, WE ARE AT 300 MILLION AND COUNTING SO FAR. WE HAVEN'T RECOVERED 300 MILLION. THE GOVERNMENT OWES YOU ABOUT 300 MILLION, FEDERAL GOVERNMENT, SO WE NEED TO CONTINUE TO PUSH FOR THAT BILL TO GET PAID BY OUR FEDERAL GOVERNMENT. BUT WE ARE AT 300 MILLION SO FAR. THANK YOU VERY MUCH FOR THE TIME, AND THANK YOU FOR OPPORTUNITY TO RESPOND TO THE PRELIMINARY REQUEST BY COMMISSIONER NORMAN AND COUNTY COMMISSIONERS. NABORS GIBLIN HAS DONE SEVERAL DOZENS OF THESE TYPES OF UTILITY ACQUISITIONS IN THE PAST, AS HAS BROAD AND CASSEL STATEWIDE. IN FACT, BROAD AND CASSEL IS ONE OF THE FEW FIRMS THAT HAS HANDLED ONE OF THESE CONSOLIDATIONS UNDER 163. THE FIRST QUESTION WAS WHETHER OR NOT CONSOLIDATION WAS POSSIBLE OR FEASIBLE, AND THE QUICK ANSWER TO THAT IS YES, IT'S POSSIBLE, AND IT IS FEASIBLE. THE ULTIMATE QUESTION -- FROM A LEGAL STANDPOINT. THE ULTIMATE QUESTION, OF COURSE, FOR YOU, THE BOARD, AND ANY OTHER MUNICIPALITIES CONSIDERING DOING THIS, BASED UPON THE FACTS AND LAWS THAT APPLY TO THE FACTS ARE SOMETHING THAT MERIT YOUR ACTION, YOUR ULTIMATE ACTION. BUT THE SHORT ANSWER IS YES, CONSOLIDATION -- AND WHEN WE TALK ABOUT CONSOLIDATION, WE'RE SPECIFICALLY TALKING ABOUT THE WATER AND -- WATER/WASTEWATER SYSTEMS AND THOSE ASSETS BEING CONSOLIDATED, THOSE IN PLANT CITY, TEMPLE TERRACE, THE CITY OF TAMPA, AND HILLSBOROUGH COUNTY, AS WELL AS, I BELIEVE, THERE ARE SEVEN STILL PRIVATE UTILITY OPERATORS WITHIN THE COUNTY AS WELL. FLORIDA STATUTES 163 ALLOWS ENTITIES SUCH AS YOURS AND THE OTHER MUNICIPALITIES TO, THROUGH SIMPLY AN INTERLOCAL AGREEMENT -- THERE'S NO NECESSITY FOR LEGISLATIVE ACTION -- TO AGREE TO DO THIS, TO AGREE TO FORM AN ENTITY, AND THAT ENTITY WOULD THEN PURCHASE THE ASSET OF EACH OF THE MUNICIPALITIES' OR AGENCIES' UTILITIES AND THERE ON OUT RUN THEM, BE SUPPORT FOR RUNNING THEM. IT WOULD BE AN ENTITY THAT YOU CREATE ALONG WITH THE OTHER MUNICIPALITIES. YOU DON'T HAVE TO HAVE EACH OF THE MUNICIPALITIES OR ALL TO AGREE TO FORM THIS. YOU ACTUALLY COULD DO IT ON YOUR OWN. BUT LOGIC WOULD SAY GETTING EVERYONE ONBOARD BASED ON THE - - YOU'LL SEE. BASED ON THE ECONOMIES OF SCALE WOULD BE TO GET EVERYONE INVOLVED, WORKING TOGETHER. NEXT YOU'D FORM THE ENTITY. IT WOULD BE COMPRISED OF DIRECTORS THAT EACH OF YOU WOULD APPOINT, AND THEN YOU RUN IT. BASICALLY, YOU'RE LOOKING AT POOLING YOUR RESOURCES THEN CONSOLIDATING THOSE RESOURCES, MAXIMIZING YOUR EFFICIENCIES, AND THEN IMPROVING SERVICE. THAT'S WHAT YOU WOULD BE LOOKING FOR. IF YOU'RE NOT IMPROVING SERVICE OR MAXIMIZING EFFICIENCIES, THERE'S NO REAL REASON TO DO THIS. YOU WOULD BE GIVING YOUR CUSTOMERS -- THE GOAL WOULD HAVE TO BE, OF COURSE, MORE CHASES. THERE'S AN ENVIRONMENTAL BENEFIT HERE, TOO, AS YOU CONSOLIDATE RESOURCES. WE CAN TALK ABOUT THAT AS YOU WISH. SAFETY AND STANDARDIZATION. I AM TRYING TO TALK VERY QUICKLY. I'VE LEARNED AS A LAWYER PEOPLE REALLY DON'T WANT TO HEAR WHAT YOU HAVE TO SAY UNLESS YOU'RE SPEAKING ON THEIR BEHALF. BIG -- BIG PLANS TRICKLING CASH, AND BY THE WAY, HERE WE ARE SPEAKING ON YOUR BEHALF. WE'VE BEEN RETAINED TO OBJECTIVELY LOOK AT THIS WITH THE NABORS FIRM TO ADVISE YOU ON WHETHER OR NOT IT'S FEASIBLE FOR THE COUNTY BUT ALSO FOR THE OTHER MUNICIPALITIES AS WELL. I BRING THIS ARTICLE TO YOU TO GIVE YOU AN EXAMPLE OF THE ECONOMIES OF SCALE. AND THE NEED, WE ALL KNOW WHERE OUR ECONOMY IS. BASED ON THIS ARTICLE, WE ALSO KNOW THAT THE ECONOMY IS DOWN BUT THE NEEDS ARE THE SAME AND, OF COURSE, INCREASE AS THINGS AGE. AND THIS IS AN ARTICLE FROM OUR ST. PETE TIMES BAY SECTION IN OCTOBER 16 WHERE THE MAYOR'S AMBITIOUS PLANS TO EXPAND RECLAIMED WATER SERVICE AND IMPROVE DRAINAGE IS ANOTHER CASUALTY OF THE CRUMBLING ECONOMY. AND THE ARTICLE CONTINUES TO WALK THROUGH THE PLANS THAT THE CITY HAS, RIGHTFULLY SO, IN MILLION DOLLARS OF DOLLARS IN WATER IMPROVEMENTS AND THAT THE MONEY IS JUST NOT THERE BASED ON THE ECONOMY, THE WAY THE BONDS ARE. AND PART OF THAT IS RECLAIMED WATER AS WELL. WHEN YOU LOOK AT THE MAP, THE LOCATIONS OF THE SYSTEMS, THE LOGIC OF THE CONSOLIDATION COMES TO YOU QUICKLY. IT WORKED. DO YOU HAVE YOUR OWN SCREENS UP THERE? >> UH-HUH. >> OKAY. SO ALL I'M GOING TO DO IS PUT THIS IN SOMEBODY'S EYES, RIGHT, IF I USE THIS? OKAY. I'LL POINT IT TO YOU SOMEHOW. THIS IS WHAT I JUST TOLD YOU, INTRODUCTION. THIS IS YOUR CURRENT SYSTEM. IN THE YELLOW AND ORANGE, OF COURSE, IS THE COUNTY. AND FORGIVE ME IF THIS IS, I'M SURE, BASIC FOR MOST, BUT IT TIES IN. THE ORANGE AND YELLOW, THAT'S OUR COUNTY SYSTEM. TAMPA LOOKS LIKE A PALE YELLOW. YOU CAN SEE THEY'RE IN THE MIDDLE. TEMPLE TERRACE, I THOUGHT IT WAS MORE OF A PINK, BUT I'M TOLD THAT'S SALMON. PLANT CITY LOOKS BLUE TO ME, BUT THAT'S AQUA. IF YOU LOOK AT THESE, LOGIC SIMPLY TELLS YOU THAT EACH ARE SELF-SUSTAINING, AND IF -- I'M GOING TO USE THE TERM LOOK AT THE GRAND CANYON THERE BETWEEN THE NORTHWEST SERVICE AREA OF THE COUNTY AND THE SOUTH-CENTRAL SERVICE AREA, THE CITY OF TAMPA, WHICH IS TOTALLY SELF-SUFFICIENT, AND YOU HAVE REDUNDANCY IN THE NORTHWEST SECTION OF THE COUNTY AND IN THE SOUTHEAST SECTION OF THE COUNTY SYSTEM SIMPLY BECAUSE THEY'RE NOT ABLE TO BENEFIT, THE COUNTY'S NOT ABLE TO BENEFIT FROM PUMPING, LIFT STATIONS, RECLAIMED WATER FOR A BIG ONE, AS I'M SURE CITIZENS WOULD LIKE. AND THEN THE CITY OF TAMPA ALSO HAS REDUNDANCY THERE. CURRENT INEFFICIENCIES, I'M SURE YOU COULD -- YOU'VE GOT FIVE SEPARATE PUBLIC UTILITIES NOW SERVING THIS ENTIRE AREA, AND OF COURSE, WHEN YOU LOOK IN THE WHITE THERE, CAN YOU SEE THE ARROW ON YOUR SCREEN? DO YOU SEE AN ARROW ON YOUR SCREEN? OBVIOUSLY, THAT WHITE, THOSE ARE NOT SERVED BY PUBLIC AGENCIES. THAT'S -- THEY'RE EITHER GETTING IT FROM ONE OF THE PRIVATES OR SEPTIC AND WELL, AND THAT TIES IN TO SOME OF THE ENVIRONMENTAL ISSUES AS WELL. THESE ARE THE NONSHADED AREAS. AND WE'VE ALL -- WE'VE STARTED TO TALK ABOUT THE REDUNDANCIES IN SERVICE CAPABILITIES. IF YOU WANT A LIST, I'M SURE GENERAL VANDERPLOOG AND HIS STAFF COULD RUN OFF -- I DON'T KNOW. I'M NOT GOING TO SPEAK FOR HIM. PERHAPS HE COULD IF ANYONE IS INTERESTED IN ADDITIONAL DETAIL HERE, BUT IT'S MY UNDERSTANDING THERE ARE A NUMBER OF REDUNDANCIES. IF YOU LOOK HERE TOO, THIS IS I-4, AND I UNDERSTAND THAT THE COUNTY'S JOB, IN PART, IS TO BE SURE THAT YOU FOLLOW THE GROWTH, AND WE ALL KNOW THE I-4 CORRIDOR IS GOING TO BEGIN TO GROW AGAIN, MAYBE SOONER RATHER THAN LATER WITH SOME OTHER PROJECTS WE'VE GOT. WE'RE GOING TO NEED ADDITIONAL WATER SERVICE THERE. OTHERWISE, PLANT CITY WOULD NEED TO USE THEIRS AND EXTEND AND THE COUNTY TO EXTEND, AGAIN, ANOTHER EXAMPLE OF INEFFICIENCIES. YOU'VE GOT FOUR DIFFERENT RATE SYSTEMS FOR OUR ENTIRE AREA, FOUR DIFFERENT EMERGENCY PLAN SYSTEMS FOR THE ENTIRE AREA, APPROXIMATELY 100,000 SEPTIC TANKS IN USE RIGHT NOW. I REMEMBER THOSE AS A BOY GROWING UP. THEY BREAK. THEY BREAK JUST LIKE YOUR LINES -- ANYONE'S LINES ARE GOING TO BREAK. AND, OF COURSE, WE'VE GOT A LIMITED CONNECTION BETWEEN TAMPA AND HILLSBOROUGH. I THINK EVERYONE WOULD AGREE. THE CUSTOMER SERVICES ARE ALSO NOT UNIFORM AS WELL. WE ALSO KNOW THAT THE CITY OF TAMPA HAS AN EXCESS CAPACITY, 40-MILLION-PLUS GALLONS OF RECLAIMED WATER A DAY THAT'S NOW GOING HERE. AND YOU READ IN THE EARL HERE THERE'S $400 MILLION IN PLANNING TO CAPTURE THAT. THE MONEY'S NOT THERE. THIS AUTHORITY, THROUGH CONSOLIDATION AND CONNECTION, CAN MAXIMIZE THE USE OF THAT 40 MILLION THAT RIGHT NOW IS GOING INTO THE BAY AND INTO THE COUNTY AND ALSO THROUGH THE CITY AND THROUGHOUT THE REGION. IT'S A FRAGMENTED APPROACH. NOW, THIS ISN'T TO BLAME ANYONE. IT MAKES SENSE. PLANT CITY STARTED A LONG TIME AGO. TEMPLE TERRACE STARTED A LONG TIME AGO. I'VE BEEN HERE 48 YEARS. THE COUNTY DIDN'T USED TO HAVE THIS MUCH POPULATION HERE OR HERE. YOU NEEDED THESE SYSTEMS DECADES AGO. THE NOW IT MAKES, IN MY OPINION, AT THIS POINT, SENSE TO CONSOLIDATE. ENVIRONMENTAL WE'VE DISCUSSED. YOU'VE ALSO GOT SEVEN PRIVATE FRANCHISE OPERATORS AND NO REGIONAL RECLAIMED WATER PLAN. IT'S ALSO GREAT AS A LAWYER TO BE ABLE TO RUN THROUGH AND TALK ABOUT THESE THINGS BUT THEN NOT HAVE TO DO IT. SOMEONE ELSE WILL HAVE TO DO THE INVENTORY AND COME UP WITH THE ACTION PLAN. NOW, OTHER COUNTIES THROUGHOUT FLORIDA HAVE DONE THIS. MORE ARE. I'LL ASK ONE OF THE COMMISSIONERS TO PRONOUNCE THE FIRST ONE. I JUST CALL THAT TOHO. I DON'T EVEN WANT TO TAKE A GRAB AT A CHANCE OF THAT ONE. SEACREST UTILITY, NATURE COAST, AND WALTON/OKALOOSA, SANTA ROSA REGIONAL UTILITY AUTHORITY. THAT'S A BIG BADGE. BUT THEY'VE DONE THE SAME THING. THOSE ARE COUNTIES THAT HAVE CONSOLIDATED WITH VARIOUS MUNICIPALITIES TO FORM A SEPARATE AUTHORITY WITH MEMBERS OF EACH OF THOSE PUBLIC AGENCIES ON THAT BOARD RUNNING THE SYSTEM. JUST A THUMBNAIL SKETCH HERE. YOU ENHANCE, IT'S ALMOST THE REVERSE OF WHAT WE'VE TALKED ABOUT, EFFICIENCY. AND YOU'RE ALLOWED TO TAKE A MORE LONG-TERM, COMPREHENSIVE, PROACTIVE APPROACH AS TO YOUR WATER AND YOUR WATER PLANNING. YOU'VE GOT ECONOMIES OF SCALE, WHICH IS LOGICAL. THE SECOND ONE THERE IS BASED ON THE AGE OF THE SYSTEMS, IT'S AN INITIAL UNDERSTANDING THAT THE EQUITY MAY REMAIN OR BE PRESENT IN A NUMBER OF THE SYSTEMS. IF THAT'S THE CASE, IF THE PARTICULAR PUBLIC AGENCY DECIDES TO SELL OUTRIGHT, IF THERE'S A PURCHASE FROM THE PARTICULAR ENTITY, THAT COULD BE SOME EXCESS FUNDS FOR THAT PARTICULAR PUBLIC AGENCY WITH THE SALE OF THE SYSTEM TO BENEFIT FROM THE EQUITY, AND YOU CAN DO THAT ON THE FRONT END, AND YOU CAN ALSO DO IT THROUGH FRANCHISE PAYMENTS. IT ALSO, WHEN YOU'RE INCREASING YOUR CONNECTIVITY, THAT HELPS THE DEVELOPMENT FOR THE DEVELOPERS WHO COME TO BEGIN WORKING AGAIN SOME DAY. THAT INCREASES THAT EFFICIENCY AS WELL. NOW, DELIVERABLES AND TIMETABLE. FROM THE DOWNSIDE HERE, THE TWO DOWNSIDES THAT WE'RE GOING TO CONSTANTLY CONTINUE TO MAKE YOU AWARE OF AND WE'RE GOING TO CONSTANTLY WORK ON IS YOU'RE SELLING YOUR SYSTEM. AND WHEN YOU SELL YOUR SYSTEM, YOU WANT TO BE SURE THAT YOU HAVE A REASONABLE APPROACH TO RATES. BECAUSE YOU'RE THERE TO LOOK OUT FOR THE CITIZENRY, AND THERE, AS A MEMBER ON THE BOARD, OF COURSE, WITH YOUR DIRECTOR, THAT FUNCTION IS, OF COURSE, SOMETHING THAT'S ONGOING, BUT IT'S ALSO -- THAT'S SOMETHING WE'LL BE LOOKING AT IN THE INTERLOCAL AGREEMENT. YOU CAN -- THERE ARE A NUMBER OF COUNTIES THAT HAVE DONE A NUMBER OF THINGS WITH REGARD TO -- IN THEIR INTERLOCAL AGREEMENTS WITH REGARD TO RATES AND OTHER SERVICE ISSUES, AND YOU HANDLE THAT IN YOUR AGREEMENT AS WELL AS EACH OF THE OTHER MUNICIPALITIES AS YOU WORK TOGETHER TO COME UP WITH A COMPREHENSIVE PLAN WHERE EVERYONE'S WORKING TOGETHER. THERE'S AN EXPERT, MR. ROB ORI, WHO HAS DONE WORK FOR THE COUNTY IN THE PAST. PREPARING A PRELIMINARY CASH-FLOW FEASIBILITY REPORT FOR EACH SYSTEM. AND I WANTED TO MAKE SURE TODAY TO GET CLARIFICATION ON THIS BECAUSE IT'S MY UNDERSTANDING -- AND LET ME KNOW, MS. LEE, IF I'M SPEAKING OUT OF TURN HERE, BUT THERE'S -- I WANT TO BE SURE THAT EVERYONE UNDERSTANDS AS OF NOW, THERE'S NO PARTICIPATION FROM ANY OF THE OTHER PUBLIC AGENCIES WITH THIS REPORT, AND SO FOR IT TO BE A FEASIBILITY STUDY, TAMPA HAS TO BE ANALYZED AS WELL AS TEMPLE TERRACE AND PLANT CITY. RIGHT NOW, HILLSBOROUGH COUNTY'S FOOTING THE BILL FOR THAT. SO I WANTED TO BE SURE -- PUT THAT ON THE TABLE, MAKE SURE WE'RE ALL ON THE SAME PAGE THERE. FOR THE STUDY TO BE DONE, IT NEEDS TO BE COMPREHENSIVE AND INCLUDE THEM ALL. UNLESS WE'RE TOLD OTHERWISE, WE'LL CONTINUE TO WORK WITH MR. ORI TO GET THAT DONE. THEN WE'LL ALSO PREPARE A REPORT FOR YOU REGARDING YOUR GOVERNANCE OPTIONS, INCLUDING POSSIBILITY OF FORMING A COUNTYWIDE AUTHORITY, AND WE'RE GOING TO TROUBLESHOOT, AGAIN, SOME OF THE AREAS, SOME OF THOSE VERY IMPORTANT AREAS REGARDING THE RATES. AND OTHERWISE, THE OPERATIONS. MAJOR CONSOLIDATION ISSUES, OF COURSE. AND REALLY, AS YOU'RE GOING THROUGH THIS PRELIMINARY PROCEDURE, IT'S OVER THE NEXT 60 DAYS, YOU'RE ACTUALLY WORKING ON THE FRAMEWORK OF AN INTERLOCAL AGREEMENT WITH THE OTHER AGENCIES, WHICH AT TIMES SOUNDS LIKE CHINESE MATH WHEN GENERAL VANDERPLOOG AND OTHERS START TO DO THEIR STUFF. FROM BEGINNING TO END, BECAUSE YOU DON'T NEED TO HAVE AN ACT OF THE FLORIDA LEGISLATURE, YOU DON'T NEED TO SELL THE FTUA TO DO SOME OF THE THINGS WE'VE DISCUSSED, TO SIMPLY FOLLOW THE PATH AS A NUMBER HAVE ALREADY DONE ALREADY THROUGH INTERLOCAL AGREEMENT, YOU CAN GET THIS DONE BY AUGUST 30, 2010. THAT WOULD BE THE NEXT 60 DAYS, THE PRELIMINARY STUDY TO COME BACK TO YOU IN JANUARY 2010. THEN, IF AFTER THAT PRELIMINARY STUDY YOU BELIEVE THAT YOU'D LIKE TO MOVE FORWARD, YOU COULD THEORETICALLY. THEN IF EVERYONE IS AT LEAST ON THE SAME PAGE AS BEST YOU CAN AND YOU DECIDE TO MOVE FORWARD, PHASE 2, WHICH NOW YOU'RE GETTING YOUR REAL ENGINEERING AND YOUR REAL NUMBERS, WHICH WOULD TAKE ABOUT FOUR MONTHS, AND THEN CLOSING APPROXIMATELY FOUR MONTHS. YES, AUGUST 30 IS A BIT AGGRESSIVE, BUT WE'VE TALKED ABOUT IT, WE'VE GONE BACK AND FORTH, AND WE THINK IT'S POSSIBLE. AND WE'RE ASSUMING EVERYONE, ALL OF THE AGENCIES ARE GOING TO WANT TO WORK WITH THE COUNTY AS EXPEDITIOUSLY AS POSSIBLE. THAT'S IT. I KNOW THAT WAS RIVETING. [LAUGHTER] >>KEN HAGAN: THANK YOU FOR THE PRESENTATION, MR. BURTON. COMMISSIONER SHARPE. >>MARK SHARPE: STEVE, THANK YOU VERY MUCH FOR THE PRESENTATION, AND YOU KNOW, ON THE POSITIVE SIDE, IT SEEMS THAT -- I MEAN, SOME OF THE ISSUES THAT YOU TALKED ABOUT, FIRST OFF, CONSOLIDATE OF DISPARATE SYSTEMS, FRAGMENTED APPROACH, YOU KNOW, MAKES SENSE TO KIND OF BRING THE SYSTEM TOGETHER. BUT LET ME ASK YOU, YOU BROUGHT UP ONE. MY QUESTION WAS, ALL RIGHT, TELL US -- TELL US WHY WE SHOULDN'T -- MAYBE TELL US WHY WE SHOULDN'T DO THIS, BUT SOME OF THE GREATEST ARGUMENTS AGAINST. I MEAN, WE'RE SELLING OUR SYSTEM TO ANOTHER ENTITY, SO IN THE FUTURE, 10, 20, 30 YEARS FROM NOW, IF THE SYSTEM NEEDS TO BE UPGRADED, MORE DEMAND FROM THE COUNTY, THE ENTITY WOULD BE MAKING THAT DECISION AS TO WHETHER OR NOT TO UPGRADE AND HOW THEY WOULD DO IT? >> AS A BOARD. >>MARK SHARPE: AS A BOARD. >> THE ENTITY, THE ENTITY WOULD HAVE AN EXECUTIVE DIRECTOR, AND THE EXECUTIVE DIRECTOR WOULD BE CHARGED WITH CREATING A PLAN, AND USUALLY THOSE ARE, WHAT, 25, 50, AND YOU WORK BACKWARDS. THERE OBVIOUSLY WOULD NEED TO BE BUY-IN WITH THE BOARD, BUT THE EXECUTIVE DIRECTOR WOULD RUN IT, AND THEN THE PLAN AND THE POLICY WOULD BE HANDLED WITH THE BOARD. AND THE WAY SOME HAVE DONE IT IS WHEN YOU'VE GOT A SMALL MUNICIPALITY AND A LARGE COUNTY, AS A COUNTY MAY HAVE TWO VOTES, THERE'S A WAY THEY DO IT WITH THE SIZE AND NUMBER OF RESIDENTS, THERE'S A NUMBER OF DIFFERENT FORMULA THAT YOU CAN FOLLOW TO BE SURE THAT EVERYONE PRETTY MUCH GETS THEIR FAIR SHARE. BUT THE -- THE -- THAT'S ACTUALLY THE POINT, THOUGH, IS THAT THIS IS LOOKED AT AS RATHER THAN A FAIR SHARE AND IN A MICRO WAY, BUT THE COUNTY IN A BROAD WAY. AND SO INITIALLY YOU WOULD -- I WOULD ENVISION SOMEONE IDENTIFYING THE SYSTEMS IN DETAIL, CREATING A PLAN FOR CONSOLIDATION, AND THAT COULD BE CONSOLIDATION OF PEOPLE AS WELL AS -- SHOULD BE -- AS WELL AS CONSOLIDATION OF EQUIPMENT AND THEN LOOK AT THE UTILIZATION OF THE EQUIPMENT AND THE BEST USE AND UTILIZATION OF THE EQUIPMENT AS WELL. THERE'S ALSO -- I'VE SEEN BUY-BACKS. I ALSO HAVE SEEN AN OMBUDSMAN SITUATION BEFORE, WHERE YOU MAY HAVE BOARD MEMBERS WHO ON THE AUTHORITY DON'T GET ALONG OR THERE IS A TERRITORIAL ISSUE AND SOME REFER TO AN OMBUDSMAN TO HELP WORK THROUGH, BUT THAT -- WHAT YOU HAVE RAISED IS SOMETHING THAT WE'RE HOPING TO COME BACK WITH IN MORE DETAIL -- WELL, WE WILL COME BACK IN MORE DETAIL BECAUSE WE'RE GOING TO INTERVIEW ALL IN THE STATE, AND WE'RE GOING TO -- THAT WILL HELP US TO FEEL LIKE WE'RE PRETTY COMPREHENSIVE IN THE PROS AND CONS, AND WE'RE GOING TO COME BACK WITH EACH JUST AS BOLD AND FORTHRIGHT WITH YOU. >>MARK SHARPE: SO OUR SYSTEM NOW, IT'S OWNED BY THE PUBLIC, AND WE'VE TALKED ABOUT -- BECAUSE I'VE BEEN INTERESTED IN THIS CONCEPT OF PERHAPS CONSOLIDATING OUR SYSTEM WITH THE CITY. YOU KNOW, WE HAVE TWO WATER DEPARTMENTS. IT'S CONFUSING. OFTEN WE GET PHONE CALLS FROM CITIZENS WHO LIVE IN THE CITY, HAVE QUESTIONS AND CONCERNS ABOUT THEIR SYSTEM, AND IT WOULD BE SIMPLER, ESPECIALLY THIS ISSUE OF RECLAIMED WATER, WHICH IS A HUGE ISSUE. THE CITY'S GOT EXCESS RECLAIMED WATER, AND IT'S NOT BEING USED BECAUSE THEY DON'T HAVE THE RESOURCES FOR THE PIPING. BUT IS THIS ENTITY GOING TO BE A PUBLIC ENTITY? >> THE PUBLIC STILL OWNS IT. 125 AND 166 STILL APPLY. >>MARK SHARPE: OKAY. >> THEY ACTUALLY HAVE ALL THE SAME RIGHTS, DUTIES, AND RESPONSIBILITIES UNDER THOSE STATUTES EXCEPT ONE -- AND IT MAKES SENSE -- THEY CAN'T CONDEMN SOMEONE'S WATER SYSTEM. THAT WOULD BE A NICE WAY TO DO A DEAL WITH THE COUNTY OR WITH PLANT CITY AND THEN CONDEMN EVERYBODY AROUND AND BUILD A NICE BIG WATER AUTHORITY. SO THAT'S THE -- WITH ONE EXCEPTION. SO IT IS PUBLIC. >>MARK SHARPE: AND MAYBE YOU SAID THIS, I JUST DIDN'T HEAR, BUT HAVE THE OTHER ENTITIES THAT WOULD BE PARTNERED IN THIS, HAVE YOU OR HAS ANYONE APPROACHED THEM TO SEE IF THEY'RE INTERESTED? >> MY UNDERSTANDING IS THEY HAVE BEEN APPROACHED. I BELIEVE THERE'S INTEREST. THE ONLY ONE I'M UNSURE OF IS TEMPLE TERRACE. MY UNDERSTANDING IS PLANT CITY IS INTERESTED IN PURSUING THIS PHASE BECAUSE THIS IS A LOOK PHASE AND THAT THE CITY OF TAMPA IS INTERESTED IN THIS PHASE AS WELL. I KNOW THAT THE CITY IS UNABLE TO PAY FOR THIS PART OF THE STUDY, AND I DON'T KNOW THE ANSWER ON PLANT CITY. >>MARK SHARPE: WELL, ON ITS FACE, I CAN'T IMAGINE THAT A FRAGMENTED SYSTEM MAKES MORE SENSE THAN WHAT YOU'RE DISCUSSING. I THINK THERE ARE A LOT OF ISSUES, A LOT OF DETAILS, CONCERNS REGARDING OWNERSHIP AND THE ACCOUNTABILITY THAT YOU'LL BE ADDRESSING LATER, BUT I THINK, I MEAN, ULTIMATELY, WE'RE LOOKING AT WHETHER IT'S WATER UTILITY OR PARKS, TRYING TO COME UP WITH A SMOOTHER, EASIER WAY OF DOING THINGS SO WE CAN ULTIMATELY SAVE MONEY AND THE CITIZENS CAN SAVE MONEY. SO I'M INTERESTED IN LEARNING MORE, AND MY CONCERN ISN'T BASED ON ANYTHING YOU HAVE SAID OR HAVEN'T SAID. I JUST THINK WE NEED MORE INFORMATION, AND YOU'RE GOING TO BE PROVIDING THAT TO US AS WE PROCEED. >> JANUARY, FIRST WEEK OF JANUARY. >>MARK SHARPE: FANTASTIC. THANK YOU, SIR. >>KEN HAGAN: COMMISSIONER NORMAN. >>JIM NORMAN: BOARD MEMBERS, LET ME JUST TOUCH BASE WITH A COUPLE OF THINGS, THE REASON I BROUGHT THIS AND MY INVOLVEMENT. I KNOW THE GENERAL HERE CAN VOUCH FOR PROBABLY MOST THINGS I'M SAYING HERE. YEARS AGO, GOING BACK ALL THE WAY TO THE WATER WAR YEARS, WHEN THERE WAS WEST COAST WATER AND WHATEVER, WE HAD ISSUES WITH ST. PETERSBURG AND OUR LAKES GOING DRY AND WHATEVER, AND IT WAS -- LED THE LEGISLATURE AND A LOT OF LOCAL PEOPLE TO START THE CREATION OF TAMPA BAY WATER. BUT IN THE SAME CONCEPT, WE HAD SOME THINGS WITHIN OUR OWN COUNTY THAT I WORKED REALLY HARD ON, WHICH WAS WE USED TO HAVE ALL OF OUR WATER TREATMENT PLANTS WERE FREESTANDING. AND YOU ONLY WAY YOU'VE GOT RECLAIMED WATER WAS WITHIN THE HALO OF THE WATER TREATMENT PLANT. I ASKED THE BOARD TO HAVE A PROJECT THAT WOULD RUN A LOOP SYSTEM AND CREATE THESE LOOPS, CONNECT ALL OF OUR WATER TREATMENT PLANTS TOGETHER. AND WHAT THEY DID WHEN IT RAN BY NEIGHBORHOODS, THEN, THE NEIGHBORHOODS COULD THEN TAKE A VOTE TO TAP INTO THAT WATER LINE THAT PROVIDED ALL THE WATER TO THE NEIGHBORHOODS SO THERE'S A RECLAIMED WATER SYSTEM. THEN THERE WAS ANOTHER PHASE OF THAT THAT SWFWMD STEPPED IN AND SAID AT A LATER TIME THEY WANTED TO DO -- THEY DIDN'T LIKE THE WAY WE WERE AGGRESSIVELY PURSUING OUR RECLAIMED WATER, I GUESS, AT THE TIME AND WANTED TO METER IT, AND WE FOUGHT SWFWMD AND SAID WE BOUGHT 20 YEARS THAT THE PEOPLE THAT TOOK THIS BOLD INITIATIVE AND SIGNED UP WOULDN'T HAVE TO BE METERED UNTIL THAT TIME PERIOD. SO WE HAD THESE CONTRACTS THAT WAY. THEN THERE WAS ISSUES WITH -- AND I KNOW YOU ALL PROBABLY ARE FAMILIAR WITH A LOT OF THIS, BUT THE CITY OF TAMPA HAS A SERVICE AREA, AND EVERY TIME THERE'S AN ISSUE WITH UNINCORPORATED CUSTOMERS, CITY CUSTOMERS, THERE'S THAT SERVICE AREA THAT, BY CONTRACT, THROUGH A LONG PERIOD OF TIME, THE CITY OF TAMPA HAS THE RIGHT TO DELIVER BECAUSE THEY BUILT, WITH THE FEDERAL GOVERNMENT GAVE THEM A GRANT, AND THEY BUILT THEIR SYSTEM AND THEY GOT A SERVICE AREA. THEN HILLSBOROUGH COUNTY CAME ON LATER, AND WE BUILT OUR WATER SYSTEM. THAT'S WHY YOU HAVE SO MANY OF THEM OUT THERE. BUT JUST LIKE THE PROBLEMS THAT EXIST UNDER THE PRESENT SYSTEM, ORIGINAL CARROLLWOOD -- I ACTUALLY WORKED FOR OVER TEN YEARS TO GET ORIGINAL CARROLLWOOD INTO THE HILLSBOROUGH COUNTY SYSTEM. IT WENT FROM -- THEY HAD FLORIDA CITIES AS A WATER DELIVERY SYSTEM. THEIR NETWORK WAS CRUMBLING. THEN THERE'S A GUA THAT THERE'S AN AGENCY OUT THERE, GOVERNMENT AGENCY, THAT BUYS UTILITIES. GUA CAME IN THERE AND BOUGHT IT BEFORE WE COULD NEGOTIATE THE PURCHASE AND GET INTO THE CITY AND KERF THEM OUT OF THE CONTRACT. THEN WE WERE ABLE TO DO THAT WITH THE CITY AND CARVE THEM OUT, THEN WE HAD TO BUY THE UTILITY FROM THIS GUA SYSTEM THROUGHOUT THE STATE OF FLORIDA. WE'VE HAD A LOT OF MESSES BECAUSE WE DON'T HAVE A SEAMLESS SYSTEM. WHAT IS GOING TO HAPPEN, IF WE DON'T ACT AND BE SMART ENOUGH TO LOOK INTO THE FUTURE, WHAT CAN OCCUR, I CAN SEE WATER WARS HAPPENING WITHIN OUR OWN COUNTY. BECAUSE WHEN THE CONTRACT RUNS OUT, WHEN THE CITY SERVICE AREA EXPIRES, WHEN ALL OF THESE THINGS, YOU'RE GOING TO HAVE COUNTY RESIDENTS WHO WANT TO COME ONTO OUR SYSTEM, THEY'RE NOT GOING TO HAVE -- WE'RE GOING TO BE FIGHTING OVER CUSTOMERS. YOU'RE GOING TO BE -- IT'S GOING TO BE AN INTERNAL -- IF YOU DON'T DO IT NOW AND DO IT SMART NOW, YOU'RE GOING TO HAVE A LOT OF PROBLEMS IN THE FUTURE. AND YOU KNOW, COMMISSIONER SHARPE, YOU MENTIONED LIBRARIES, YOU MENTIONED ALL THOSE KIND OF THINGS AND PARKS AND THAT KIND OF DEAL. WHAT THIS DOESN'T DO IS THIS ISN'T A LOT OF PEOPLE. WHAT THE GOAL AND ASPIRATIONS OF THIS IS IS A LOWER COST FOR CUSTOMERS AND SHOW THAT GOVERNMENTS CAN STREAMLINE A PROCESS AND DELIVER WATER WHICH REALLY DOES CREATE A REAL QUALITY COMMUNITY THAT WE ARE ALL GOING HAVE TO HAVE WATER, AND IF WE CAN DO IT SMARTER AND CHEAPER, ALL MUNICIPALITIES AND GOVERNMENTS SHOULD STRIVE TO DO THAT. AND THIS WOULD BE THE LARGEST CONSOLIDATED PROJECT THAT THIS COUNTY'S EVER HAD BECAUSE IT'S BILLIONS. AND IF WE COULD PULL THIS OFF AND HAVE ALL GOVERNMENTS AND CITIZENS BENEFITING FROM IT, THEN -- AND LIKE I SAID, ECONOMIC-WISE, I-4 CORRIDOR, YOU MUST HAVE BEEN READING MY NOTES, I SWEAR. THOSE ARE THINGS WE WOULD BE PREPARED FOR IN THE FUTURE. AND IF WE -- THE ULTIMATE GOAL IS -- AND BEFORE WE WOULD TAKE THIS STEP -- AND I DON'T KNOW IF YOU ALL HAVE HAD THE CONTACT. I'VE MET WITH THE CITY ATTORNEY. I'VE MET -- AND ACTUALLY, THE CITY ATTORNEY NOW, MR. FLETCHER, HAS ACTUALLY DEALT WITH A LOT OF WATER, A LOT OF WATER ISSUES AND A LOT OF SYSTEMS, SO HE HAS REAL KNOWLEDGE, AND I THOUGHT THAT WAS A REAL BENEFIT IN OUR CONVERSATIONS, AND THEY WERE WILLING TO TAKE THAT NEXT STEP AND GO FORWARD, AND THAT ENCOURAGEMENT -- I'M WILLING TO MAKE THAT NEXT STEP BECAUSE I BELIEVE THAT OUR COUNTY WOULD BE MORE PREPARED WITH WATER IN THE FUTURE IF WE DID THIS THAN ANY OTHER COUNTY IN FLORIDA, I THINK. WATER IS GOING TO BE THE SUSTAINABILITY OF EVERYTHING GOING FORWARD. WE CAN TALK ABOUT TRANSPORTATION, THOSE KIND OF THINGS, BUT IF YOU DON'T HAVE WATER AND THE AVAILABILITY OF WATER AND US HAVING AN INTEGRATED SYSTEM LIKE THAT, NOT ONLY WILL IT BE COST-EFFECTIVE, IT WILL BE SEAMLESS AND DELIVERY WILL BE SEAMLESS, AND WE CAN TAKE THE MONEY, INVEST THIS RECLAIMED WATER INTO THE SYSTEM, AND LOWER COST. AND THAT'S WHAT IT'S ALL ABOUT. SO I WOULD -- I WOULD MOVE THAT WE EMPOWER OUR COUNTY ATTORNEY TO BRING BACK A CONTRACT FOR US TO LOOK AT IN THE FUTURE AND SEE IF WE CAN MOVE FORWARD ON IT. >>ROSE FERLITA: SECOND. >>JIM NORMAN: AND AGAIN, THE GOAL IS WORKING WITH ALL -- EVERYTHING'S GOT TO BE SHARED WITH ALL THE GOVERNMENTS. THERE'S NO -- I MEAN, IT'S ALL COOPERATION HERE, 100%. >> ABSOLUTELY. >>KEN HAGAN: COMMISSIONER FERLITA. >>ROSE FERLITA: THANK YOU, MR. CHAIRMAN. MR. BURTON, AS ALWAYS, THANK YOU FOR YOUR PRESENTATION. I'M EXCITED ABOUT THIS BECAUSE, OBVIOUSLY, I'VE BEEN ON BOTH SIDES OF THESE TWO GOVERNMENTS, AND I REALIZE THE FACT THAT THE CITY OF TAMPA HAS HAD AND IF SOMETHING IS NOT DONE WILL CONTINUE TO HAVE WATER ISSUES. I REMEMBER WE WERE EXCITED WHEN I WAS ON CITY COUNCIL THAT OUR STAR PROGRAM, WHICH I BENEFITED FROM IN SOUTH TAMPA, THEY HAD ANTICIPATIONS, I THINK EVEN UNDER MR. GRECO'S WATCH, TO MOVE IT TO SOUTH TAMPA, AND OF COURSE, THEY COULDN'T BECAUSE IT WAS FINANCIALLY PROHIBITIVE. THERE WERE PROBLEMS. AND OBVIOUSLY, THE ONE THAT DID TAKE THAT BOLD STEP ON THE CITY SIDE DIDN'T BENEFIT FROM ANY KIND OF COST CONTAINMENT BECAUSE I PAY MORE FOR MY RECLAIMED WATER THAN UNINCORPORATED CITIZENS, HILLSBOROUGH COUNTY CITIZENS, PAY FOR THEIR REGULAR WATER. IT'S JUST THE RIGHT THING TO DO. SO WE CAN SEE THAT THERE'S A PROBLEM THERE BECAUSE THEY HAVE RECLAIMED WATER THAT THEY'RE GOING TO HAVE TO DEAL WITH SOONER OR LATER, BUT THEY CAN'T GET IT TO OTHER AREAS IN TERMS OF OTHER ARTERIES. THAT'S ONE THING. AND ANOTHER THING, JIM, I THINK IT'S GREAT THAT YOU SPOKE WITH MR. FLETCHER. MR. FLETCHER WAS ACTUALLY THE INTERIM REPLACEMENT FOR MY DISTRICT 2 SEAT. HE'S A SHARP YOUNG MAN, SHARP YOUNG MAN -- SEE, IT'S NOT ONLY YOU THAT I CALL A YOUNG MAN. THE FACT THAT HE HAS THAT BACKGROUND, THAT EASES ANY TENSION THAT PERCEIVABLY MIGHT BE THERE BETWEEN THE CITY OF TAMPA OR THE COUNTY AND WHAT ARE THEY TRYING TO PULL. THIS IS GOING TO BE GOOD, GOOD, GOOD FOR THE DIFFERENT GOVERNMENTS THAT ARE INVOLVED. IT'S A WONDERFUL THING. WE'VE SEEN JUST IN THIS LAST SEASON HOW MANY ISSUES THAT WE'RE GOING TO COME UP WITH IN TERMS OF WATER. I THINK WE'RE IN MUCH BETTER SHAPE THANKS TO GENERAL VANDERPLOOG AND THE REST OF HIS STAFF IN TERMS OF RECLAIMED AND STUFF. WE ARE USING EVERYTHING WE HAVE. BUT CITY OF TAMPA NEEDS SOME HELP, AND THIS WILL BE MUTUALLY BENEFICIAL. SO I NOT ONLY SECOND IT, I SECOND IT AGGRESSIVELY, AND I LOOK FORWARD TO -- YOU'RE COMING BACK IN JANUARY, DID YOU SAY? >> DECEMBER 2nd OR JANUARY, WHICHEVER YOU -- JANUARY? >>RENEE LEE: WELL, JANUARY FOR THE REPORT FROM THE ATTORNEYS AND ROB ORI. COMMISSIONERS, I WANT TO TELL YOU THIS IS A RATHER AGGRESSIVE SCHEDULE THAT WE'LL BE UNDERTAKING BETWEEN NOW AND JANUARY 2010, AND IN ADDITION TO THE LAW FIRMS THAT WE HAVE HERE, WE'D LIKE TO BRING ON ROB ORI, WHO IS CURRENTLY A CONTRACTOR WITH THE WATER AUTHORITY. HE DOES OUR RATES THERE AND OTHER CONSULTING ACTIVITIES FOR THE WATER AUTHORITY, BUT HE WILL BE DOING THE VALUATION OF THE SYSTEMS THAT WE SPOKE ABOUT TODAY. WE'VE TALKED ABOUT AN ESTIMATE OF WHAT THIS WILL COST, THIS FIRST LOOK-SEE, AND WE'RE THINKING IT WILL BE ABOUT $400,000. SO I WOULD ASK THAT YOU ALSO AUTHORIZE THE COUNTY ADMINISTRATOR TO FIND THOSE DOLLARS FOR US THAT MIGHT GO ALONG WITH THE CONTRACTS. NOW, ALL OF THESE DOLLARS WILL BE CERTAINLY TAGGED AND IDENTIFIED. WE'LL KEEP TRACK OF THIS. BECAUSE WE BELIEVE THAT THEY ARE RECOVERABLE WHEN THIS DEAL TAKES PLACE, THAT EVERYBODY WILL SHARE THE EXPENSES. >>ROSE FERLITA: I THINK IT'S NOT ONLY RECOVERABLE, BUT I THINK THAT THE PERCENTAGE OF RETURN ON INVESTMENT IS GOING TO BE PHENOMENAL. >>RENEE LEE: ABSOLUTELY. >>ROSE FERLITA: THAT'S WHY I KIND OF RAISED MY EYEBROWS WHEN STEVE SAID SUCH-AND-SUCH A DATE. THAT'S PRETTY AGGRESSIVE. BUT SO WHAT, STEVE, IF THIS TAKES A LITTLE LONGER, IT TAKES A LITTLE LONGER. THIS IS SOMETHING WE NEED NOT TURN OUR BACK ON. >> BY THE WAY, I KNOW MR. FLETCHER, AND HE IS A FINE PERSON TO DEAL WITH. >>ROSE FERLITA: YES, HE IS. >>KEN HAGAN: MOTION BY COMMISSIONER NORMAN, SECOND BY COMMISSIONER FERLITA. >>JIM NORMAN: WOULD GENERAL VANDERPLOOG WANT TO SAY ANYTHING? >>KEN HAGAN: OKAY. NO FURTHER COMMENTS, PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>KEN HAGAN: THANK YOU, MR. GORDON. >>PAT BEAN: YOUR NEXT ITEM, COMMISSIONERS, IS ITEM B-7. THIS IS THE ITEM BROUGHT TO YOU BY THE MANAGEMENT AND BUDGET DEPARTMENT. IT'S AN INCREASE IN THE BUDGET REGARDING THE COMMUNITY INVESTMENT TAX. AND HERE COMES ERIC JOHNSON TO SPEAK TO THIS. >>KEN HAGAN: GOOD AFTERNOON, ERIC. >>ERIC JOHNSON: GOOD AFTERNOON, COMMISSIONERS. THIS IS AN END-OF-THE-YEAR CLEANUP ITEM. THIS IS NOT DOING ANYTHING BUT AUTHORIZING US TO MAKE THE NECESSARY PAYMENTS AT YEAR END CONSISTENT WITH THE PROVISIONS OF THE ORDINANCE THAT ALLOW PAYMENTS TO OTHER ENTITIES, SO WE ASK YOUR APPROVAL IN ALLOWING US TO ASSIST THE CLERK'S OFFICE IN PREPARING FOR THE CLOSING OF THE BOOKS FOR FISCAL '09. >>KEN HAGAN: CAN WE HAVE A MOTION? MOTION, COMMISSIONER NORMAN; SECOND, COMMISSIONER BECKNER. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 6-0. >> THANK YOU. >>PAT BEAN: THE NEXT ITEM IS ITEM B-8, WHICH IS YOUR CALENDAR, PROPOSED CALENDAR -- >> EXCUSE ME. WE NEED COMMISSIONER FERLITA'S VOTE ON THAT ISSUE. >>PAT BEAN: OH, I'M SORRY. >>RECORDING SECRETARY: WOULD YOU PLEASE RE-RECORD YOUR VOTES FOR ITEM B-7, PLEASE. THANK YOU. MOTION CARRIED 7-0. >>JIM NORMAN: MOVE THE CALENDAR. >> SECOND. >>KEN HAGAN: MOTION BY COMMISSIONER NORMAN, SECOND BY COMMISSIONER WHITE. PLEASE RECORD YOUR VOTE. >>PAT BEAN: THE NEXT ITEM IS A PUBLIC WORKS ITEM. ITEM B-9. >>RECORDING SECRETARY: FOR ITEM B-8, PLEASE RECORD YOUR VOTES. >>PAT BEAN: I'M SORRY. >>RECORDING SECRETARY: COMMISSIONER SHARPE. THANK YOU. MOTION CARRIED 7-0. >>PAT BEAN: ALL RIGHT. NOW, B-9. THIS IS BROUGHT TO YOU BY THE PUBLIC WORKS DEPARTMENT. IT'S AN EXTENSION OF THE EMERGENCY ROAD CLOSURE OF DANNY BRYAN BOULEVARD. I'LL LET TOM TELL YOU ABOUT IT -- I MEAN JOHN. WHY DID I SAY TOM? >>JOHN NEWTON: JOHN NEWTON, DIRECTOR OF TRANSPORTATION MAINTENANCE DIVISION. COMMISSIONERS, THIS IS JUST AN AGENDA ITEM TO EXTEND A ROAD CLOSURE FOR 60 DAYS. I'M HAPPY TO REPORT THAT WORK BEGAN THIS WEEK TO REPLACE THAT CROSS-DRAIN, AND WE EXPECT THE ROAD TO BE OPENED A LOT SOONER THAN 60 DAYS. >>ROSE FERLITA: SO MOVE. >>JIM NORMAN: SECOND. >>KEN HAGAN: MOTION, COMMISSIONER FERLITA; SECOND, COMMISSIONER NORMAN. PLEASE RECORD YOUR VOTE. THANK YOU, JOHN. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>PAT BEAN: THE NEXT ITEM IS ITEM B-10. THIS IS AN ITEM FROM THE INTERNAL PERFORMANCE AUDITOR'S OFFICE ACCEPTING THE STATUS REPORT ON THE IPA PEER REVIEW. I DON'T SEE ANYONE HERE. MAYBE WHILE WE'RE WAITING WE'LL GO ON TO THE NEXT ITEM AND THEN WE'LL COME BACK. THE NEXT ITEM WOULD BE ITEM F-3, WHICH IS AN ITEM BROUGHT TO THE BOARD BY COMMISSIONER HAGAN RECOMMENDING THAT THE FLORILAND MALL SITE BE REMOVED FROM ANY FURTHER CONSIDERATION AS A POSSIBLE SITE FOR A HOMELESS SHELTER. >>KEN HAGAN: BOARD MEMBERS, AS YOU RECALL, DURING OUR LAST MEETING WE PASSED A MOTION DIRECTING STAFF TO LOOK INTO THIS LOCATION AS A POSSIBLE SITE FOR A HOMELESS SHELTER AS WELL AS TO CONTINUE OUR SEARCH FOR ALL PROPERTIES WITHIN HILLSBOROUGH COUNTY THAT MIGHT BE AN APPROPRIATE LOCATION FOR THIS VERY IMPORTANT PROJECT. SINCE THEN, I KNOW THAT THE REAL ESTATE DEPARTMENT, MIKE KELLY, HAD ORIGINALLY HAD A PHONE CONVERSATION WITH THE MALL'S OWNERS IN WHICH HE FOUND OUT THAT THEY WERE NOT GOING TO AGREE OR ACCEPT THIS TYPE OF SHELTER AT THEIR FACILITY, AND SOON AFTERWARD ALSO RECEIVED A LETTER THAT I BELIEVE WE'VE ALL SEEN INDICATING THE SAME. IN CORRESPONDENCE THAT I HAD WITH A NUMBER OF CITIZENS IN THIS AREA, YOU KNOW, I TOLD THEM ABOUT WHAT HAD TRANSPIRED AND THEY SAID THAT'S GREAT, BUT UNTIL, YOU KNOW, OFFICIAL BOARD ACTION, THEY REALLY WON'T HAVE THAT LEVEL OF COMFORT OR ASSURANCE THAT IT'S NOT GOING TO GO THERE. SO THAT'S WHY I PUT ON THE AGENDA WANTING TO REMOVE THIS SITE FROM CONSIDERATION, BUT STILL CONTINUE FORWARD IN LOOKING AT ALL POSSIBLE LOCATIONS IN THE COUNTY THAT WE COULD -- THAT WE COULD CONSIDER HAVING A HOMELESS SHELTER. >>KEVIN WHITE: SO MOVED. >>KEN HAGAN: THAT'S THE INTENT OF THE MOTION. COMMISSIONER FERLITA. >>ROSE FERLITA: THANK YOU, MR. CHAIRMAN. AND I WHOLEHEARTEDLY AGREE WITH YOUR MOTION. I'M GLAD YOU BROUGHT IT FORWARD. JUST BRIEFLY, THAT SITE WAS GOING TO IMPACT MORE CITIZENS AND MANY SCHOOLS WITHIN THE RADIUS THAT WERE CLOSER EVEN THAN TO THE ORIGINAL TENT CITY SITE, SO I SUPPORT THAT. AND IN ADDITION TO THAT -- AND I THINK THIS IS YOUR SECOND COMMENT ABOUT MR. KELLY CONTINUING TO LOOK, AND I KNOW THAT I SAID THIS WHEN WE WERE TALKING ABOUT IT, AND PEGGY, YOU REMEMBER, YOU AND MIKE KELLY AND I AND PAT BEAN MET IN MY OFFICE. BUT AT THE TIME I WAS FOCUSED ON VACANT PROPERTY, A LOT OF VACANT PROPERTY, AND WE LOOKED AT THE ONE AT FALKENBURG, AND DRIs AND STUFF GOT IN THE WAY OF THAT. SO LONG AS -- I JUST WANT TO MAKE SURE THAT THERE IS SOME CLEAR DIRECTION. LET'S SHIFT THAT RESEARCH A LITTLE BIT AND NOT NECESSARILY JUST VACANT PROPERTY. IF THERE ARE NOT SITES THAT WE HAD TO WALK AWAY FROM IN TERMS OF LEASES WITH SOMEBODY THAT'S A TENANT OTHER THAN OURSELVES, THAT'S ONE THING, BUT BECAUSE WE HAVE DOWNSIZED AND CONSOLIDATED, WE MIGHT WANT TO ALSO CONTINUE LOOKING VERY AGGRESSIVELY AT ANY VACANT BUILDING THAT WE HAVE, WE, AS OWNERS, THAT PERHAPS WE'RE NOT UTILIZING RIGHT NOW. I THINK THAT WOULD BE A STEP IN THE RIGHT DIRECTION. AND THEN WE WOULD ASK ALL THE PARTNERS INVOLVED IN HOMELESS ISSUES, HOMELESS COALITION, CATHOLIC CHARITIES, WHATEVER. I DON'T THINK I SPECIFICALLY SAID THAT. THAT'S WHAT COMMISSIONER HAGAN IS SAYING, BUT I JUST WANTED TO MAKE SURE WE MADE THAT CLEAR IN CASE YOU DIDN'T UNDERSTAND THE DIRECTION. >>PEGGY HAMRIC: PEGGY HAMRIC WITH REAL ESTATE. YES, COMMISSIONER, WE HAVE THAT DIRECTION CLEARLY. >>JIM NORMAN: I'LL RESTATE WHAT I SAID BEFORE WHEN IT CAME UP THE FIRST TIME. THIS IS WRONG IN SO MANY WAYS WHEN A COMMUNITY HAS TO READ THIS IN THE PAPER. IT IS WRONG, WRONG, WRONG. AND YOU SAW THE BACKLASH OF US DOING BUSINESS THAT WAY, AND I HOPE THAT WE ALL LEARN FROM THAT, AND I'LL VOTE FORMALLY TO TAKE IT OFF THE LIST. >>KEN HAGAN: COMMISSIONER HIGGINBOTHAM. >>AL HIGGINBOTHAM: YEAH, I WOULD LIKE TO ASK THAT THE ADMINISTRATOR AND REAL ESTATE ALSO TO CLOSELY EXAMINE OUR LEASES. ALTHOUGH IT'S NO CONTROL OF OURS WHERE WE'RE OBLIGATED TO A LEASE THROUGH A CONSTITUTIONAL OFFICER AND THEY HAVE TO VACATE. AS I UNDERSTAND, THAT FULL BURDEN OF FINANCIAL RESPONSIBILITY JUST FALLS BACK ON US RATHER THAN WITHIN THEIR BUDGETS. IS THAT CORRECT? >>PAT BEAN: THAT IS MY UNDERSTANDING, IN THIS CASE, THAT IT DOES FALL BACK ON US. ERIC, ARE YOU AROUND? ARE YOU NODDING YES? >>ERIC JOHNSON: COMMISSIONERS, I'M NOT SURE. WE DON'T SEE MOST OF THOSE CASES. WE PROVIDE FUNDING TO CONSTITUTIONAL OFFICERS, AND THEY NEGOTIATE THEIR OWN LEASES, SO PERHAPS THE REAL ESTATE OFFICE CAN INDICATE IF THEY HAVE KNOWLEDGE OF THAT, BUT I DON'T KNOW THAT WE DO ENTER INTO THAT OR HAVE -- I'LL STOP TALKING. HAM PEGGY HAMRIC, REAL ESTATE. IN SOME INSTANCES, AS ERIC SAID, THE CONSTITUTIONALS NEGOTIATE THEIR OWN LEASES, BUT YOU ALL DO PROVIDE FUNDING TO THEM FOR THAT, AND IF THEY ELECT TO TERMINATE, THEY THEN COME TO US AND ASK US TO ATTEMPT TO NEGOTIATE THEM OUT OF THAT LEASE, AND IF THERE IS SOME FINANCIAL PENALTY, THEY'LL -- IF THEY DON'T HAVE IT IN THEIR BUDGET, THEY'LL LOOK TO THE BOARD BECAUSE THE LEASE IS WITH THE BOARD OF COUNTY COMMISSIONERS. >>AL HIGGINBOTHAM: OKAY. SO THEY'RE OBLIGATING US, AS I UNDERSTAND, THROUGH THE PROPER PROCEDURE, BUT IF THEY, FOR EITHER REASONS WITH -- OR, OBVIOUSLY, NOT WITHIN THEIR CONTROL, THEY HAVE TO WALK FROM THE LEASE, THEN THAT FALLS BACK ON THE TAXPAYER. IF ONE OF THESE OFFICERS OR DEPARTMENT IS JUST GOING TO MOVE TO A DIFFERENT LOCATION THAT THEY THINK IS MORE SUITABLE FOR THEIR BUDGET, THEY SAY WELL, I CAN GET THIS CHEAPER, AND THEN THE ULTIMATE RESPONSIBILITY COMES BACK TO US, DO WE HAVE ANY PROTECTION THERE WHERE THEY'RE JUST GOING TO HOP TO LOWER RENT AND THEN STICK IT TO THE TAXPAYERS? >>PEGGY HAMRIC: PROVIDED THAT WE'RE SPEAKING WITH LEASES THAT ARE WITH HILLSBOROUGH COUNTY, THE BOARD OF COUNTY COMMISSIONERS, THAT CONSTITUTIONAL -- ALTHOUGH THEY MAY WANT TO DO THAT -- MAY NEGOTIATE A NEW LEASE. THAT LEASE WILL HAVE TO COME TO YOU ALL FOR APPROVAL. >>AL HIGGINBOTHAM: OKAY. ALL RIGHT. THANK YOU. >>KEN HAGAN: COMMISSIONER WHITE. >>KEVIN WHITE: WELL, PEGGY, THE OTHER QUESTION IS IF IT'S ALREADY BEEN IN THAT INDIVIDUAL CONSTITUTIONAL OFFICER'S BUDGET, THEN THAT SHOULD COME OUT OF THEIR BUDGET BECAUSE IT'S BEEN BUDGETED FOR THAT BIENNIAL BUDGET FOR THESE PARTICULAR CONSTITUTIONALS THAT ARE WALKING AWAY. THEN THAT SHOULDN'T HAVE TO COME FROM OUR GENERAL BUDGET; IT SHOULD COME FROM THEIR PROJECTED BUDGET BECAUSE THE FLORILAND MALL ISSUE, AS AN EXAMPLE, I THINK IT WAS A LITTLE OVER TWO MILLION OR ANOTHER MILLION, MILLION AND A HALF THAT HAD BEEN BUDGETED, AND NOW WE'RE LOOKING AT 592,000 TO WALK AWAY, AND THEY'RE ASKING THE BOARD TO PAY THAT. BUT IF IT'S ALREADY BEEN BUDGETED IN THEIR BUDGET FOR THE NEXT TWO YEARS, WHY ISN'T IT COMING FROM THEIR BUDGET? >> COMMISSIONER, I CAN SPEAK TO THAT. FROM THE CLERK'S PERSPECTIVE, AS IT RELATES TO FLORILAND MALL, THAT FACILITY, FROM AN OCCUPANCY PERSPECTIVE, WAS SUPPORTING THE CLERK'S TRAFFIC FUNCTION, WHICH IS A COURT RESPONSIBILITY. THE STAFF AND OPERATIONS OF THAT IS FUNDED BY STATE APPROPRIATIONS. THE ACTUAL FACILITY ITSELF UNDER FLORIDA STATUTE, THE BOARD OF COUNTY COMMISSIONERS IS REQUIRED TO PROVIDE, AMONG OTHER THINGS, FACILITIES FOR ALL COURTS. SO ALTHOUGH THE RENT FOR THAT FACILITY WAS FUNDED FROM THE CLERK'S BUDGET, IT'S FUNDED FROM THE CLERK'S BUDGET THAT IS PAID FOR WITH COUNTY DOLLARS, PART OF YOUR APPROPRIATIONS. THE CLERK'S OFFICE HAS THE FUNDING TO CONTINUE TO PAY THE RENT FOR THAT FACILITY THROUGH THE LEASE TERM. WE JUST DON'T HAVE ANY PEOPLE TO PUT IN IT. THAT'S WHAT WE FELT WAS VERY INEFFICIENT AND VERY INEFFECTIVE. WE WILL CONTINUE TO PAY THE RENT UNTIL THERE IS ANOTHER OCCUPANCY OR USE FOUND FOR THAT FACILITY OR IT IS DEEMED IN THE BEST INTEREST TO TERMINATE THE LEASE. >>KEVIN WHITE: GREAT. THANK YOU. THAT EXPLAIN THAT. >>KEN HAGAN: WE'VE GOT A MOTION BY COMMISSIONER WHITE TO REMOVE THE FLORILAND MALL AS A HOMELESS SHELTER. >>ROSE FERLITA: SECOND. >>KEN HAGAN: SECOND BY COMMISSIONER FERLITA. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>PAT BEAN: NOW WE'LL GO BACK TO ITEM B-10, THE STATUS REPORT ON THE IPA PEER REVIEW. MR. BARNES IS COMING FORWARD. >>JAMES BARNES: GOOD AFTERNOON. JIM BARNES, COUNTY INTERNAL PERFORMANCE AUDITOR. THE REPORT THAT YOU HAVE WAS A REQUEST FOR A STATUS UP DATE ON WHERE WE ARE ON THE PEER REVIEW. WE PROVIDED THAT TO YOU MONDAY THE 27th, AND WE WANTED TO PUT IT ON THE AGENDA JUST SO THAT IF YOU HAVE ANY QUESTIONS OR ANYTHING THAT YOU COULD ASK US ABOUT IT. JUST TO GIVE YOU AN UPDATE, SINCE THAT CAME OUT, WE'VE BEEN IN CONTACT WITH A FIRM WHO IS PREPARED TO DO THIS FOR US. IT'S THE SAME ONE THAT THE COUNTY CLERK'S OFFICE USED. WE WILL BE GETTING THEIR CONTRACT, REVIEWING IT. THEY'VE SUGGESTED A PRICE THAT'S WELL WITHIN WHAT'S BUDGETED, AND ONCE I GET THE SPECIFICS OF IT, I'LL BE PROVIDING THAT INFORMATION TO YOU. >>KEN HAGAN: ANY QUESTIONS OR COMMENTS FOR MR. BARNES? COMMISSIONER FERLITA. >>ROSE FERLITA: THANK YOU, MR. CHAIRMAN. TYPICALLY WE HAVE QUITE A BIT OF CONVERSATION WHEN MR. BARNES IS HERE, BUT TODAY I'M GOING TO TAKE A DIFFERENT ROUTE. I THINK TODAY WE'VE HAD SOME CONSTRUCTIVE ITEMS WHERE WE'VE ACCOMPLISHED A LOT OF THINGS, $50,000 FOR BULLY BUSTERS, HELP WITH THE SUN CITY SENIOR CITIZENS. SOME HEALTHY, WHETHER IT'S AGREEMENT OR DISAGREEMENT, DISCUSSION ON THE VERY IMPORTANT TRANSPORTATION REFERENDUM. I BELIEVE MR. BARNES KNEW AWHILE BACK THAT HE WAS GOING TO GIVE US A STATUS REPORT ON TODAY'S DATE ON THIS ISSUE. I DON'T KNOW ABOUT YOU, GENTLEMEN. I RECEIVED IT AT 4:21 YESTERDAY AFTERNOON. I HAD DONE MY HOMEWORK ON SOME THINGS, BUT CERTAINLY THERE'S NEVER ANY REASON NOT TO BRUSH UP ON SOME OF THE ITEMS THAT I THINK ARE GOING TO BE EITHER CONTROVERSIAL OR SOMETHING THAT INVOLVED A LOT OF DETAILS. I REALLY DIDN'T GO THROUGH IT TOO WELL, SO BECAUSE OF THAT, I DON'T HAVE A LOT OF QUESTIONS, JUST ON FIRST BLUSH. I INTERPRET IT AS A LOT OF SMOKE AND MIRRORS AND A LOT OF TAP DANCING, BUT I THINK THAT WE'LL HAVE AN OPPORTUNITY TO AT LENGTH DISCUSSION WHAT SOME CONSIDER MORE EFFICIENT IPA AND SOME CONSIDER LESS, AND I BELIEVE, MS. BEAN, WE HAVE A WORKSHOP IN JANUARY EXCLUSIVE L FOR ISSUES OF THE IPA. >>PAT BEAN: THAT IS CORRECT. >>ROSE FERLITA: OKAY. JUST ON ITS FACE, MR. BARNES, SINCE WE ARE LOOKING AT YOUR DOCUMENT, I JUST WANT TO ASK YOU SOMETHING. LOOKS LIKE YOU'VE SPENT SOME TIME DOING QUITE A FEW THINGS HERE. PAGE 1, YOU'RE TALKING ABOUT SECONDLY WE'VE LEARNED SINCE THE MARCH MEMO THAT A YELLOW BOOK PEER REVIEW BECOMES NECESSARY AFTER YELLOW BOOK PROCEDURES AND PRACTICES HAVE BEEN IMPLEMENTED BY AN AUDIT ORGANIZATION. MY PREDECESSOR PERFORMED AN AUDIT OF THE SOLID WASTE MANAGEMENT DEPARTMENT AND PREPARED A REPORT IN 2004 INDICATING IT WAS A PERFORMANCE AUDIT CONDUCTED IN ACCORDANCE WITH GENERAL ACCEPTED -- AND ON FROM THERE. WE EXAMINED NUMEROUS AGENDAS FOR BOARD MEETINGS FOR THE YEAR OF 2004 BUT COULD NOT FIND THAT THE REPORT WAS PRESENTED TO THE BOARD AND ITS FINDINGS AND RECOMMENDATIONS ACCEPTED. THE REPORT DID NOT INCLUDE A RESPONSE FROM THE AUDIT ENTITY. AND I THINK YOU GO ON AND EXPOUND ABOUT MISPLACEMENT, UNAVAILABLE FOR ANALYSIS. JUST OUT OF CURIOSITY, BECAUSE IT LOOKS LIKE YOU'VE BEEN BUSY AT DIFFERENT THINGS, HOW LONG DID THAT PROCESS TAKE YOU? DO YOU HAVE ANY IDEA, JUST BALL PARK? >>JAMES BARNES: HOW MUCH TIME DID WE SPEND? >>ROSE FERLITA: JUST FINDING THAT. >>JAMES BARNES: OUR RESEARCH, I AM JUST GOING TO GIVE YOU A BALL PARK FIGURE -- >>ROSE FERLITA: I HAVEN'T LOOKED AT IT. THIS IS JUST FIRST BLUSH. I'M WONDERING HOW MUCH TIME THAT TOOK. >>JAMES BARNES: RESEARCHING THE MINUTES TAKES A LOT OF TIME. I WOULD SAY I PROBABLY SPENT THREE OR FOUR DAYS JUST RESEARCHING MINUTES. SOME OF IT I STUMBLED ON BECAUSE IT WASN'T ON THE AGENDA IN SEARCHING FOR THIS TYPE OF INFORMATION. IF I COULD JUST TO MAKE A QUICK COMMENT -- I'M SORRY THAT YOU DIDN'T HAVE A CHANCE TO REVIEW IT UNTIL YESTERDAY, BUT I DID ISSUE THE MEMO BACK ON OCTOBER 27th TO ALL THE COMMISSIONERS AND WAS HOPING YOU'D HAD A CHANCE TO REVIEW IT AT THAT TIME. >>ROSE FERLITA: OKAY, BE THAT AS IT MAY, LIKE I SAID, I CERTAINLY AM ABLE TO PUT TOGETHER MY QUESTIONS BETWEEN NOW AND JANUARY. SO THEN, IF I UNDERSTAND JUST THAT FIRST ISSUE CORRECTLY, YOU DID NOT FIND ANY PAPER TRAIL ON THAT? >>JAMES BARNES: NO, WE'VE HAD PROBLEMS WITH THAT. WE HAVEN'T BEEN OUT TO THE WAREHOUSE YET. WE'VE BEEN WANTING TO GO OUT THERE BECAUSE WE UNDERSTAND THERE ARE SOME PAPERS OUT THERE, BUT WE HAVEN'T DONE THAT YET. >>ROSE FERLITA: [INDISCERNIBLE] -- AGREEMENT BETWEEN HILLSBOROUGH COUNTY AND COVANTA. I THINK THAT'S WHAT IT IS. HERE IT IS. MAY 19, 2004, COVANTA RESOURCE RECOVERY FACILITY AGREEMENT EXTENSION. HERE IT IS. DECEMBER 1st, 2004, CONTRACT MANAGEMENT PERFORMANCE AUDIT, SOLID WASTE DEPARTMENT, COVANTA, INC. HERE IT IS. DECEMBER 2nd, 2004, RECAP OF THE DECEMBER 1st, 2004, MEETING, BOCC, WHERE ITEM B-5 SAYS THE BOARD DIRECTED THE COUNTY ADMINISTRATOR TO ESTABLISH A BOARD POLICY TO ENSURE THAT ALL CONTRACTS IN HILLSBOROUGH COUNTY SHALL INCLUDE PROVISIONS FOR ACCESS TO RECORDS, RETENTION OF RECORDS, DA- DA-DA-DA. COUNTY IS RESPONSIBLE FOR THIS. THESE SEEM LIKE THEY'RE EXACTLY THE VERY DOCUMENTS THAT YOU DIDN'T STUMBLE INTO. I DON'T KNOW, BUT IT SEEMS TO ME THAT I'M NOT AN IPA, AND I, WITH A LITTLE BIT OF TIME, FOUND SOME OF THESE THINGS THAT YOUR REPORT TO US ALLUDES TO THE FACT THAT THEY WERE NOT -- THEY WERE NOT AVAILABLE OR HAD BEEN MISPLACED OR UNAVAILABLE FOR ANALYSIS. AND I DON'T WANT TO DEBATE YOU. I'M JUST SAYING THAT THIS DOESN'T SUPPLEMENT WHAT YOU'VE SAID, AND IT IMPRESSES ME LESS THAN IN TIMES PAST. LET'S SEE WHAT THIS COMPANY COMES UP WITH, AND I THINK WE HAVE A LOT OF THINGS, A LOT OF THINGS TO EITHER HELP OR HINDER YOUR EFFICIENCY, AND WE'LL GO FROM THERE. AND I, FOR ONE, WILL LOOK FORWARD TO THE WORKSHOP IN JANUARY. >>JAMES BARNES: THANK YOU VERY MUCH. I APPRECIATE YOUR INTEREST. >>ROSE FERLITA: AND IF YOU'D LIKE TO SHARE SOME OF THE DOCUMENTS I FOUND, SAVE YOU THE HOURS OF MAN POWER, AND I'LL BE HAPPY TO SHARE. >>JAMES BARNES: THANK YOU, I THINK WE HAVE COPIES. >>ROSE FERLITA: WELL, THEN YOU SHOULD HAVE SENT A CORRECTION, BUT SINCE YOU SENT THIS AT 4:10, I GUESS THAT WOULD HAVE BEEN DIFFICULT. YOU KNOW, NOT IMPRESSED AGAIN, MR. BARNES. >>JAMES BARNES: YES, MA'AM. >>ROSE FERLITA: THANK YOU. >>JAMES BARNES: THANK YOU. >>KEN HAGAN: DO WE HAVE A MOTION TO ACCEPT THE STAFF REPORT? MOTION, COMMISSIONER SHARPE; SECOND, COMMISSIONER HIGGINBOTHAM. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>PAT BEAN: YOUR NEXT ITEM, COMMISSIONERS, IS ITEM F-5, TO CONTINUE THE DISCUSSION REGARDING THE ESTABLISHMENT OF A HILLSBOROUGH COUNTY ECONOMIC POLICY REVIEW COMMITTEE. >>KEVIN BECKNER: THANK YOU, MS. BEAN. IF YOU RECALL, BACK IN MID-JUNE, I BROUGHT FORWARD A PROPOSAL THAT ACTUALLY TALKED ABOUT ESTABLISHING AN ECONOMIC POLICY REVIEW BOARD, AND THE CLERK IS PASSING OUT THE UPDATED DRAFT PROPOSALS THAT I'M BRINGING FORWARD TODAY. JUST IN RECAP, THEIR WHOLE PURPOSE OF THIS BOARD WAS TO CREATE EFFICIENCIES AND COST SAVINGS WITHIN COUNTY GOVERNMENT AND POTENTIAL ECONOMIC BENEFITS TO OUR COMMUNITY BY REVIEWING EXISTING POLICIES, ORDINANCES, POLICIES, AND WAY OF CONDUCTING BUSINESSES AS WELL AS TO SEEK INPUT FOR CREATING NEW POLICIES, ORDINANCES, AND PROCESSES THAT CAN POTENTIALLY SAVE TAX DOLLARS AND/OR CREATE ECONOMIC STIMULUS OR OTHER BENEFITS WITHIN OUR COMMUNITY. ONE OF THE DISCUSSIONS WE HAD BACK AT THAT PARTICULAR TIME WAS THERE WAS INTEREST IN THE BOARD, BUT WE FIRST WANTED TO TALK WITH THE CITIZENS ACTION COUNCIL ABOUT PARTICIPATING AND POSSIBLY TAKING ON THIS PROJECT. WE SPOKE WITH THE CAC, AND THEY DID EXPRESS INTEREST. AND WE ALSO SPOKE EXTENSIVELY ALSO WITH STAFF AS WELL, AND THERE WAS AN AGREEMENT, AT LEAST ON THE STAFF SIDE, THAT THIS PROJECT WOULD BE PRETTY INTENSE AND ENORMOUS FOR THE CAC TO TAKE ON ON ITS OWN. SO WE CONDUCTED OVER THE LAST FEW MONTHS MEETINGS WITH STAFF AND RESEARCH AND ACTUALLY ATTACHED TO OUR CURRENT PROPOSAL IS A DRAFT RESOLUTION THAT WOULD ACTUALLY INVOLVE THE CAC BUT ALSO OTHER MEMBERS THAT WOULD INCLUDE THE TAMPA-HILLSBOROUGH ECONOMIC DEVELOPMENT CORPORATION, ALSO KNOWN AS THE GREATER TAMPA CHAMBER OF COMMERCE'S COMMITTEE OF 100; THE TAMPA AND COMPANY; A REPRESENTATIVE FROM THE JOHN SCOTT DALY FLORIDA INSTITUTE OF GOVERNMENT COLLEGE OF ARTS AND SCIENCES; OF COURSE, THE CLERK OF THE CIRCUIT COURT; A MEMBER AT LARGE WITH THE SIX SIGMA CERTIFICATION; AND THEN ONE REPRESENTATIVE APPOINTED BY EACH OF THE COUNTY COMMISSIONERS. AND I'VE OUTLINED FOR YOU AS FAR AS WHAT THE GENERAL PROCESSES WERE. THOSE WERE STILL THE SAME. AGAIN, THE INTENT IS TO CREATE MORE EFFICIENCIES HERE TO IDENTIFY POLICIES THAT COULD GENERATE ECONOMIC STIMULUS AND GROWTH, GIVE CITIZENS AN OPPORTUNITY TO WEIGH IN ON THESE PROCESSES, AND THEN HOPEFULLY BY THE END OF THESE PROCESSES WE'LL BE ABLE TO UPDATE OUR PROCESSES AS WELL INTERNALLY AND THEN BRING FORWARD MORE EFFICIENT POLICIES THAT WOULD BE FOR THE BENEFIT OF GOVERNMENT AND OUR COMMUNITY. SO WE WANTED TO BRING THAT BACK FORWARD FOR YOU TODAY FOR YOUR CONSIDERATION, AND WE'D CERTAINLY OPEN UP TO THE BOARD FOR CONVERSATION. >>KEN HAGAN: ANY QUESTIONS OR COMMENTS FOR COMMISSIONER BECKNER? COMMISSIONER HIGGINBOTHAM. >>AL HIGGINBOTHAM: THIS IS JUST FOR US TO REVIEW TODAY? YOU'RE NOT ASKING US TO TAKE ACTION ON THIS? >>KEVIN BECKNER: THE ONLY THING I WOULD ASK, YEAH, IS FOR FURTHER CONSIDERATION AND REVIEW, AND WE CAN BRING THIS BACK AT THE -- AT A BOARD MEETING AT THE FIRST PART OF THE YEAR FOR CONSIDERATION AND STRUCTURE. AND IF YOU HAVE GENERAL COMMENTS TODAY OR WE CAN HAVE OTHER DISCUSSION AS WELL, BUT THIS IS FOR CONSIDERATION. >>AL HIGGINBOTHAM: I DON'T RECALL GETTING THIS DRAFT BEFORE TODAY. DID WE GET IT? >>KEVIN BECKNER: NO. >>AL HIGGINBOTHAM: THAT'S OKAY. I WANTED TO MAKE SURE I HADN'T MISSED IT. I'M LOOKING FORWARD TO IT AND THANK YOU FOR THE WORK. >>KEN HAGAN: COMMISSIONER SHARPE. >>MARK SHARPE: I WONDER IF PERHAPS THIS SHOULD BE SOMETHING WE WOULD DISCUSS AT OUR RETREAT. BECAUSE I HAVEN'T HAD A CHANCE -- I HAD A CONVERSATION WITH THE COUNTY ADMINISTRATOR YESTERDAY ABOUT THE ITEM, AND IT APPEARS VERY BROAD AND I JUST WASN'T SURE. AND ALSO THE FACT THAT IT LOOKS LIKE WE ARE CREATING A NEW -- NEW BOARD, AND I'D ASKED EARLIER ABOUT -- AND I'M NOT SURE IF YOU HAD APPROACHED OR TALKED TO THE CITIZENS ADVISORY COMMITTEE, BUT YOU KNOW, THIS IS SOMETHING MAYBE AN EXISTING BOARD MIGHT BE ABLE TO DO, BUT I DON'T KNOW. I WANT TO HEAR FROM THE OTHER BOARD MEMBERS. BUT IT JUST SEEMS LIKE THIS IS GOING TO BE A LOT OF CONVERSATION AND BACK AND FORTH TO TRY TO UNDERSTAND WHAT IT IS WE'RE TRYING TO DO AND HOW IT WOULD OPERATE AND FUNCTION. IT'S PRETTY COMPLEX. MAYBE AT THE BOARD RETREAT. I DON'T KNOW. >>KEVIN BECKNER: IF I COULD JUST RESPOND TO THAT, YEAH, WE DID MEET WITH CAC, AND AGAIN, THEY EXPRESSED INTEREST IN IT, BUT WHEN MEETING WITH STAFF, THIS IS A PRETTY ENORMOUS PROJECT FOR ONE ORGANIZATION THAT HAS OTHER PRIORITIES AND THINGS THEY'RE WORKING ON AS WELL. THAT'S WHY WE FELT IT WAS BEST A BOARD BY ITSELF BUT INVOLVED CAC REPRESENTATION ON THE BOARD. >>KEN HAGAN: COMMISSIONER NORMAN. >>JIM NORMAN: I'M GLAD WE HAVE A CHANCE TO REVIEW THIS. I DON'T SEE GENE GRAY HERE, BUT ONE OF THE THINGS, WE HAVE AN ECONOMIC DEPARTMENT, AND WE ALSO HAVE THESE OTHER ORGANIZATIONS THAT -- I GUESS WHAT I DON'T WANT TO DO -- AND BY READING THIS -- IS WANT TO CREATE SOMETHING THAT ACTUALLY SLOWS OUR ECONOMIC OPPORTUNITIES DOWN. IF YOU'VE GOT -- IF YOU'VE GOT GROUPS LIKE CHAMBER AND COMMITTEE OF 100 AND THOSE FOLKS WORKING, AND THEN YOU HAVE A -- I GUESS GENE GRAY'S DEPARTMENT, I GUESS, WAS OUR POINT TO KIND OF COORDINATE OUR FUNCTIONS IN THERE, I DON'T WANT TO HAVE ANOTHER LAYER OF BUREAUCRACY THAT ACTUALLY IS SOMETHING ELSE I'VE GOT TO GO THROUGH, GO DO ANOTHER VOTE AND WHATEVER. GENE, I'M GOING TO MAYBE HAVE A PRIVATE CONVERSATION WITH YOU. I DON'T WANT TO PUT YOU ON THE SPOT RIGHT NOW. WE JUST GOT THIS. BUT THIS LOOKS LIKE WHAT YOUR JOB IS. >>GENE GRAY: COMMISSIONER, I APOLOGIZE. I AM AT A BIT OF A DISADVANTAGE. I WAS OUT IN THE FOYER HAVING A CONVERSATION. >>JIM NORMAN: YOU HAVEN'T SEEN THIS? >>GENE GRAY: NO, SIR, I HAVE NOT. I DIDN'T REVIEW IT IN THE BACKUP MATERIAL. >>JIM NORMAN: OKAY. I JUST WANT TO TALK TO YOU ABOUT IT. IT LOOKS LIKE IT MIGHT BE ANOTHER LAYER OF BUREAUCRACY TO ME, BRINGING EVERYBODY TOGETHER NOW WHEN YOU ARE SUPPOSED TO HAVE THAT DEPARTMENT. I DON'T UNDERSTAND IT. >>ROSE FERLITA: YOU KNOW WHAT WE'RE TALKING ABOUT? YOU HAVEN'T SEEN THIS? >>GENE GRAY: NO, I HAVEN'T SEEN IT. >>JIM NORMAN: IT'S GOING TO COME BACK LATER, BUT IT JUST KIND OF RINGS -- >>ROSE FERLITA: I DIDN'T MEAN -- I MEANT IT LOOKED LIKE YOU DIDN'T RECEIVE A COPY OF WHAT WE'RE LOOKING AT. >>GENE GRAY: NO, MA'AM, I HAVEN'T SEEN IT BEFORE. >>JIM NORMAN: OKAY. WE'LL HAVE FURTHER DISCUSSION ON IT, BUT OKAY. >>KEN HAGAN: COMMISSIONER FERLITA. >>ROSE FERLITA: I THINK MY CONCERN IS MUCH THE SAME. CERTAINLY, I ENCOURAGE ANY OF US OR ALL OF US TO DO WHATEVER WE CAN DO IN TERMS OF ECONOMIC POLICY REVIEWS AND EFFICIENCIES. BUT YOU KNOW, JIM, THAT'S KIND OF MY CONCERN TOO. GENE, AM I CONFUSED? REFRESH MY MEMORY, PLEASE. I THOUGHT BASED ON THE ECONOMIC STIMULUS COMMITTEE THAT OUR CHAIRMAN HEADED UP, DID WE NOT RECENTLY -- OR WERE WE JUST TALKING ABOUT IT? -- DID WE NOT TRANSFER SOME OF THE ECONOMIC DEVELOPMENT RESPONSIBILITIES TO THE COMMITTEE OF 100? DID WE DO SOMETHING ALONG THAT LINES? >>GENE GRAY: GENE GRAY WITH ECONOMIC DEVELOPMENT DEPARTMENT. SORRY I DIDN'T SAY THAT BEFORE. COMMISSIONER, WE RECENTLY TASKED THE COMMITTEE OF 100, OR NOW KNOWN AS THE TAMPA-HILLSBOROUGH ECONOMIC DEVELOPMENT CORPORATION, WITH CONDUCTING THE ECONOMIC DEVELOPMENT STRATEGIC PLAN PROCESS, WHICH WAS THE NUMBER ONE RECOMMENDATION FROM THE TASK FORCE THAT WE UPDATE THAT ON BEHALF OF THE ENTIRE COMMUNITY, AND WE LOOK TO THEM TO DO THAT. THEY ARE IN THE PROCESS OF HIRING A CONSULTANT TO ASSIST WITH THAT PROCESS AS WE SPEAK. BEYOND THAT, WE HAVE THE CONTINUING RELATIONSHIP WITH THE COMMITTEE OF 100, NOW THE TAMPA-HILLSBOROUGH EEC, WHERE THEY LEAD OUR EFFORTS WITH REGARD TO CORPORATE RELOCATIONS AND EXPANSIONS. >>ROSE FERLITA: ALTHOUGH THE PURPOSES ARE NOT EXACTLY THE SAME, COMMISSIONER BECKNER, THAT CERTAINLY IS GOING TO CREATE SOME EFFICIENCIES AS WE GO ALONG AND TRY TO PROMOTE ECONOMIC DEVELOPMENT AND BENEFITS. MY ONLY CONCERN -- I THINK COMMISSIONER SHARPE HAS GOT A GOOD IDEA. LET'S TALK ABOUT IT FURTHER, AND I THINK THE RETREAT'S A PERFECT TIME. WE DON'T WANT TO COME BACK IN THE MIDDLE -- I AM NOT TRYING TO SAY THIS FOR YOU, BUT I DON'T WANT TO COME BACK IN THE MIDDLE OF A MEETING AND HOLD UP ANYBODY BEFORE, AFTER, OR DISTORT OUR AGENDA. THIS IS GOING TO TAKE A LOT OF CONSIDERATION. I'M JUST CONCERNED -- AND MAYBE WHATEVER WE END UP WITH IN TERMS OF CRAFTING THE FINAL AS OPPOSED TO THIS DRAFT -- I'M JUST CONCERNED IN THE EVENT, LOOKING AT SOME OF THE PLAYERS, THAT WE MIGHT DILUTE WHAT THEY'RE ALREADY DOING, AND I GUESS REFER BACK TO WHAT COMMISSIONER NORMAN IS SAYING ABOUT AN EXTRA LAYER. IF IT PROMOTES THE EFFICIENCY AND IT'S NOT ONE COMMITTEE STEPPING OVER THE TOES OF THE OTHER, THEN I'D CERTAINLY NOT BE OPPOSED TO CONSIDERING IT, BUT I JUST THINK, MR. BECKNER, I'D LIKE TO LOOK AT IT MORE IN DETAIL, AND THEN WE'LL TALK ABOUT THE MERITS OF IT. >>KEN HAGAN: COMMISSIONER BECKNER. >>KEVIN BECKNER: THANK YOU, MR. CHAIR, AND ABSOLUTELY WE DON'T WANT TO CREATE ANOTHER LAYER OF GOVERNMENT OR BUREAUCRACY WITHIN THE GOVERNMENT. AGAIN, THIS HAS SIMILAR CHARGES THAT THE CHARTER REVIEW COMMITTEE WOULD HAVE EXCEPT IT'S A LITTLE MORE EXTENSIVE. IT'S ABOUT REVIEWING INTERNAL POLICIES AND WHAT WE ALREADY HAVE HERE AS WELL AS LOOKING -- GETTING CITIZEN INPUT ABOUT WHAT OTHER POLICIES COULD BE BROUGHT FORWARD TO CREATE THOSE EFFICIENCIES. AND THE BEST OF OUR KNOWLEDGE AND RESEARCH, WHAT WE HAVE DONE WITH STAFF, THIS HAS NEVER BEEN DONE INTERNALLY HERE, AND CERTAINLY WE DON'T KNOW OF ANY PROCESSES THAT ARE CURRENTLY IN PLACE TO ACTUALLY DO THIS. AND AGAIN, WE'RE LOOKING AT -- THIS ISN'T SOMETHING THAT'S DONE IN A MONTH. THIS IS DONE OVER SEVERAL MONTHS, AND IT'S A LARGE PROJECT TO UNDERTAKE. SO AGAIN, THAT'S WHY THE ESTABLISHMENT OF A SEPARATE BOARD TO TAKE THIS ON IS WHAT WE FEEL WOULD BE THE BEST APPROACH, BUT AGAIN, THIS ISN'T HERE FOR FINAL CONSIDERATION TODAY; IT'S, AGAIN, THE REVISIT TO GIVE YOU AN UPDATE OF WHERE WE'RE AT AND PROVIDE YOU WHAT WE'VE COME UP WITH AS STAFF, AND THEN ALSO GET YOUR INPUT AND WOULD BE CERTAINLY OPEN TO CONTINUED DISCUSSION AT OUR RETREAT ON THIS ITEM. >>KEN HAGAN: ANY OTHER COMMENTS FROM BOARD MEMBERS? OKAY. SO WE DON'T NEED TO TAKE ANY OFFICIAL ACTION TODAY? OKAY. BUT I DO LOOK FORWARD TO REVIEWING THE MATERIAL AND DISCUSSING IT EITHER AT THE RETREAT OR AT A FUTURE BOARD MEETING. CERTAINLY WARRANTS CONSIDERATION. >>PAT BEAN: OKAY. THE NEXT ITEM IS COMMISSIONER FERLITA'S ITEM, F-6, WHICH IS TO DIRECT THE COUNTY ADMINISTRATOR TO INCLUDE ON EACH AGENDA JUST PRIOR TO EACH FURLOUGH DAY. I'LL LET HER FINISH IT OUT. >>ROSE FERLITA: OKAY. MS. BEAN, THIS IS PRETTY SIMPLE. THANK YOU FOR PUTTING IT ON FOR ME. GENTLEMEN, WE -- I'M SURE YOU ALL GOT SOME CALLS FROM THE MEDIA AS WELL ON THIS FIRST FURLOUGH DAY THAT WE TOOK TO CUT SOME OF THE COST OF GOVERNMENT. AND THEIR QUESTION WAS WELL, HAVE YOU HAD ANY COMPLAINTS? WELL, UNTIL PEOPLE EXPERIENCED IT ON THAT FIRST DAY, THEY PROBABLY WOULDN'T HAVE ANY COMPLAINTS, SO THEY DIDN'T REALIZE IT, THEY CAME DOWN TO GET THEIR LICENSE RENEWED OR WHAT HAVE YOU. SO I WAS JUST SUGGESTING, ALTHOUGH I THINK LORI HUDSON IN OUR COMMUNICATIONS DEPARTMENT DOES A GREAT JOB OF INFORMING OUR CITIZENS, MIGHT WE NOT DO SOME REMINDER, PERHAPS, MAYBE PAT, FROM YOU, WHEN YOU SET THE AGENDA, THE ONE IMMEDIATELY PRIOR TO THE NEXT FURLOUGH DAY, AT THE END OF THE MEETING WHEN WE HAVE -- FOR DISCUSSION LATER ON, LET'S MAYBE REMIND THE CHAIRMAN AND HE CAN ANNOUNCE THE FACT THAT THE NEXT DAY WE'LL HAVE THAT. AND THE SECOND THING, GENTLEMEN -- AND I'M SURE YOU GOT THIS AS WELL -- AND I KNOW THAT HE MENTIONED IT YESTERDAY FROM MY MPO COLLEAGUE, MAYOR AFFRONT TEE WAS CONCERNED ABOUT THE SUNSHINE LINE WHEN YOU HAD DIALYSIS PATIENTS AND STUFF, AND THEY WERE IN CONCERT WITH US. IF THERE WAS A FURLOUGH DAY HERE, THEY WERE CLOSED. SO I ASK THE ADMINISTRATOR MIGHT WE CONSIDER NOT DOING THAT. THAT'S CERTAINLY AN EXCEPTION THAT WE NEED TO DO. NOW, IF THE FACILITIES ARE CLOSED ON THAT PARTICULAR DAY AND IT COINCIDES, THEN THERE'S NO REASON TO RUN THE LINE, BUT THERE WERE ENOUGH PEOPLE CONCERNED AND ASKED US FOR SOME SORT OF CONSIDERATION, AND I CAN CERTAINLY WHEN YOU WANT TO HELP THE DISADVANTAGED, THAT'S A WONDERFUL PLACE TO PUT YOUR EFFORT. SO I DON'T KNOW IF I NEED THAT IN THE FORM OF A MOTION, MR. CHAIRMAN, OR WHAT. I'LL MAKE IT IN THE FORM OF A MOTION. THAT'S FINE. >>KEN HAGAN: I THINK SO. MOTION BY COMMISSIONER FERLITA. >>JIM NORMAN: MOVE COMMON SENSE. [LAUGHTER] >>ROSE FERLITA: I KNOW, SOMETIMES YOU NEED TO HIGHLIGHT COMMON SENSE. >>KEN HAGAN: OKAY. WE HAVE A MOTION BY COMMISSIONER FERLITA. >>MARK SHARPE: SECOND. >>KEN HAGAN: SECOND, COMMISSIONER SHARPE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>MARK SHARPE: CAN I ASK, ON THIS ISSUE OF FURLOUGHS, I'VE HEARD REPORTS, LIBRARY BOX, WHERE YOU RETURN YOUR BOOKS, BEING TAPED SHUT, INFORMATION NOT AVAILABLE ONLINE, LIKE WE'RE ALMOST TRYING TO -- AND I DON'T KNOW IF THIS IS ACCURATE OR NOT, AND MAYBE I SHOULD HAVE BROUGHT THIS UP AT THE END, BUT I WAS GETTING ENOUGH OF THESE REPORTS THAT IT WAS ALMOST LIKE WE'RE TRYING TO DRIVE HOME THE POINT THAT WE HAVE A FURLOUGH DAY. IF THERE ARE THINGS THAT WE CAN DO THAT DON'T COST US MONEY -- THE OBJECTIVE OF THE FURLOUGH DAY IS TO SAVE MONEY; IS THAT CORRECT? >>PAT BEAN: YES, SIR. >>MARK SHARPE: AND I KNOW WE DON'T HAVE CONTROL OVER THE LIBRARY AUTHORITY, BUT IF THERE ARE THINGS WE CAN DO WHERE WE CAN CONTINUE TO PROVIDE SERVICES OR ALLOW PEOPLE TO HAVE ACCESS TO INFORMATION WHILE AT THE SAME TIME ACHIEVING OUR OBJECTIVES, WHICH ARE TO SAVE MONEY, WE SHOULD DO THEM. BUT I JUST WAS HEARING -- AND I DON'T KNOW IF THESE ARE URBAN LEGENDS, BUT SOME OF IT SOUNDED PRETTY SILLY. AND I'LL GET BACK -- I'LL HAVE MY OFFICE COMPILE A LIST. I JUST WANT TO BE CAREFUL NOT TO JUMP ON SOMETHING THAT MIGHT BEAR OUT NOT TO BE TRUE, BUT I HAVE HEARD CERTAIN THINGS THAT I THOUGHT DIDN'T SEEM TO MAKE SENSE, AND SO I JUST WANT TO MAKE SURE THAT WHAT WE'RE NOT DOING IS -- I MEAN, IF THERE'S AN OPPORTUNITY FOR PEOPLE TO HAVE ACCESS TO SOME OF OUR SERVICES, EVEN THOUGH WE ARE NOT OPEN FOR BUSINESS, I MEAN, I DON'T KNOW. IS THERE A PROBLEM WITH US MAKING SURE THAT WE CAN PROVIDE ACCESSIBILITY? AND I THINK THAT WHAT COMMISSIONER FERLITA WAS TALKING ABOUT, NOW, THERE IS A COST THERE, BUT I THINK WE'RE TALKING ABOUT LIFE SAVING, AND THAT ABSOLUTELY MAKE SENSE. >>PAT BEAN: YES, IT DOES. IT'S KIND OF LIKE FIRE RESCUE. WE RECOGNIZED EARLY ON THAT FIRE RESCUE CAN'T DO FURLOUGHS BECAUSE YOU HAVE TO HAVE SOMEBODY PAID OVERTIME TO FILL IN FOR THE PERSON WHO IS ON FURLOUGH DAY IF YOU CLOSE THEM ON A FURLOUGH DAY. SO WE MADE THAT DECISION REAL QUICKLY. >>MARK SHARPE: MAYBE I NEED TO HAVE JOE STINES COME. THERE WERE PEOPLE CONCERNED, STUDENTS DOING HOMEWORK ASSIGNMENTS THAT COULDN'T HAVE ACCESS TO I DON'T KNOW IF IT WAS ONLINE SERVICES. >>PAT BEAN: ONLINE SERVICES SHOULD HAVE BEEN JUST FINE. >>MARK SHARPE: SHOULD HAVE BEEN, BUT I WAS GETTING REPORTS THAT IT WASN'T. I'LL FIND OUT MORE. I DON'T WANT TO SAY ANYTHING -- >>ROSE FERLITA: A DROP-OFF WAS TAPED OFF? THAT DOESN'T INVOLVE MAN POWER. >>MARK SHARPE: IT DOESN'T MAKE SENSE. BUT I WANT TO MAKE SURE THAT WE'RE NOT ACCUSING SOMEBODY OF SOMETHING THAT ISN'T TRUE. >>PAT BEAN: WELL, AND CERTAINLY WE WANT TO FOLLOW UP. IN FACT, WE'RE GOING TO DO A SCRUB, AND AFTER, YOU KNOW, ACTION SCRUB SO TO SPEAK, SEE WHERE WE FOUND PROBLEMS THAT WE MIGHT NOT HAVE ANTICIPATED SO THAT WE CAN BE PREPARED FOR THE NEXT ONE TO DO BETTER BECAUSE WE'RE SURE THAT THERE WERE SOME GLITCHES. THERE'S NO QUESTION ABOUT IT. >>MARK SHARPE: YES, MA'AM. THANK YOU, MA'AM. GOOD. >>KEN HAGAN: NEXT ITEM. >>PAT BEAN: OKAY. THE NEXT ITEM, THEN, WE'RE READY TO GO TO THE ITEMS PULLED FROM CONSENT. THE FIRST ONE, MR. CHAIRMAN, IS AN ITEM YOU PULLED FROM CONSENT, WHICH IS A-1, APPROVING THE MEMO OF UNDERSTANDING WITH THE NATIONAL COMMUNITY STABILIZATION TRUST. >>KEN HAGAN: YEAH, THIS INVOLVES OUR NEIGHBORHOOD STABILIZATION PROGRAM AND IDENTIFICATION OF FORECLOSED PROPERTIES AND THE PROCESSING OF REAL ESTATE, PURCHASES CONTRACTS. IT'S COME TO MY ATTENTION THAT THE CONSERVATIVE ESTIMATE IS THE COUNTY COULD ACQUIRE AS MANY AS 10 TO 20 MORE HOUSES PER MONTH IN NEED OF REPAIRS. WHILE AT THE SAME TIME, THE TIME WHICH TO OBLIGATE THE FUNDS IS DECREASING RAPIDLY. SO I THOUGHT IT WOULD BE A GOOD SUGGESTION THAT I WANT TO MOVE APPROVAL OF THIS BUT ALSO TO DIRECT STAFF TO EXPAND THE POOL OF CONTRACTORS THAT ARE PREAPPROVED TO BID ON THE REHAB WORK FOR THE PROPERTIES ACQUIRED UNDER THIS PROGRAM SO THAT WE'RE ADEQUATELY PREPARED. I WANTED VALMARIE TO MAKE SURE SHE IS OKAY WITH THIS ON THE RECORD AND THEN -- >>VALMARIE TURNER: YES, VALMARIE TURNER, AFFORDABLE HOUSING DEPARTMENT. YES, WE'RE OKAY WITH IT. >>KEN HAGAN: OKAY. SO SOMEBODY ELSE CAN MOVE IT. IT DOESN'T MATTER. OKAY. MOTION BY COMMISSIONER WHITE, SECOND COMMISSIONER HIGGINBOTHAM. >>JIM NORMAN: THIS IS EXPANDING THE NUMBER? >>KEN HAGAN: YEAH. THANK YOU, VALMARIE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>PAT BEAN: SORRY. THE NEXT ITEM IS A-37, TO AWARD BID NUMBER P-0261-09 (RM) THIS HAS TO DO WITH THE PURCHASE OF 87 OCTANE AND DIESEL FUEL. COMMISSIONER BECKNER, YOU WERE THE ONE THAT PULLED THAT ITEM. >>KEVIN BECKNER: YES, MS. BEAN. THANK YOU VERY MUCH. BOARD MEMBERS, THE REASON WHY I PULLED THIS IS -- HELLO? CAN YOU HEAR ME NOW? ALL RIGHT. REASON WHY I PULLED THIS PARTICULAR ITEM IS THIS KIND OF CAUGHT MY ATTENTION AS PERHAPS AN OPPORTUNITY THAT MAYBE WHEN WE'RE TALKING ABOUT COMBINING RESOURCES AND ACTUALLY LOOKING AT CREATING EFFICIENCIES THAT WHEN WE'RE LOOKING AT FUEL, THERE ARE OTHER DEPARTMENTS OTHER THAN FLEET MANAGEMENT, LIKE PERHAPS THROUGH THE CITY OF TAMPA, THE HILLSBOROUGH COUNTY SHERIFF'S OFFICE, AND HART, AND THERE MAY BE OTHER ENTITIES THAT MAY ALSO PURCHASE FUEL, AND PART OF MY IDEA AND CONCEPT WAS PERHAPS TOGETHER IF THERE'S AN OPPORTUNITIES THAT WE CAN CREATE LARGER CONTRACTS THAT MIGHT ENTITLE US TO MORE DISCOUNTS OR BE ABLE TO POOL OUR RESOURCES TO PIGGYBACK ON CONTRACTS TO CREATE EFFICIENCY. SO I JUST WANTED TO BRING THAT UP FOR A CONVERSATION FOR DISCUSSION, AND PERHAPS STAFF, IF THEY DON'T KNOW THIS ALREADY, COULD PERHAPS GO BACK AND DO SOME RESEARCH AROUND THIS AND BRING BACK TO THE BOARD AND SEE IF THERE'S ANY OPPORTUNITIES THAT WE CAN PARTNER WITH OTHER AGENCIES OR ENTITIES. >>SHARON SUBADAN: GOOD AFTERNOON. SHARON SUBADAN, DIRECTOR OF FLEET. COMMISSIONER BECKNER, WE ALREADY DO THAT. WE HAVE TWO CONTRACTS FOR FUEL. OUR CONTRACT FOR DELIVERED FUEL WE DO WORK WITH OUR MUNICIPALITIES TO SEE WHERE THERE ARE OPPORTUNITIES TO PARTNER AND HAVE HAD IN THE PAST CONTRACTS THAT ARE A PARTNERSHIP AND A COOPERATIVE PURCHASE. THIS PARTICULAR CONTRACT IS FOR THE PICKUP OF FUEL AT THE PORT, WHERE PRETTY MUCH THE ONLY ENTITY THAT STILL PICKS UP FUEL FOR SOME OF OUR SPECIALIZED OPERATION. WE HAVE 8,000 GALLONS' WORTH OF PICKUP CAPABILITY, THREE FUEL TRUCKS. SO WE ACTUALLY PICK UP OUR FUEL AT THE PORT FOR CERTAIN TYPES OF OPERATIONS. TYPICALLY SMALL DELIVERIES, IT GIVES US ADDITIONAL CAPABILITY IN THE EVENT OF AN EMERGENCY. WE FUEL OUR FIRE DEPARTMENT'S LOCATIONS THAT WAY, OUR GENERATORS THAT WAY, AND WE'VE FOUND THAT IT'S AN ADDITIONAL CAPABILITY. CERTAINLY, WE HAVE HAD THE DISCUSSION WITH OTHER ENTITIES ALL THE WAY TO PINELLAS COUNTY. ON THIS PARTICULAR CONTRACT, THEY DID NOT HAVE AN INTEREST BECAUSE THEY DO NOT PROVIDE THAT PARTICULAR SERVICE. >>KEVIN BECKNER: WHAT MUNICIPALITIES OR WHO HAVE YOU APPROACHED SO FAR? >> ON THIS PARTICULAR CONTRACT? >>KEVIN BECKNER: NO, I MEAN JUST IN GENERAL. >> IN GENERAL WE HAD A COOPERATIVE BID IN THE PAST WITH SHERIFF, CITY, AND I BELIEVE THE SCHOOL BOARD WAS ON IT AS WELL. AT THE TIME THE SHERIFF WAS ON IT FOR AVIATION FUEL. THAT WAS IT. AND OTHERS HAVE ALWAYS BEEN GIVEN THE OPPORTUNITY TO PARTNER SHOULD THEY WANT TO DO THAT. SOMETIMES IT'S A MATTER OF TIMING. JURISDICTIONS THINK THAT THEY CAN DO IT BETTER INDIVIDUALLY OR GET HIGHER PRIORITY IF THEY DO IT INDIVIDUALLY. BUT WE CERTAINLY USE THE OPPORTUNITY TO OPEN THE DOOR, HAVE THE DIALOGUE, HAVE THE CONVERSATION, BUT WE CAN'T DRAG THEM KICKING AND SCREAMING TO THE TABLE. WILL TELL YOU ON OUR CURRENT CONTRACT, WHICH IS VERY COMPETITIVE, WE ARE ACTUALLY PARTNERING WITH PINELLAS COUNTY AND HAVE PIGGYBACKED THEIR CONTRACT FOR OUR DELIVERED FUEL. >>ERIC JOHNSON: COMMISSIONERS, ERIC JOHNSON. IF I CAN ADD TO THAT, YOU'VE INDICATED IN THE PAST YOUR INTEREST AT US LOOKING FOR OPPORTUNITIES FOR CONSOLIDATION, AND WHEN PAT BEAN AND EDITH STEWART AND I MET IN MAY WITH THE MAYOR OF TAMPA AND HER CHIEF OF STAFF, I SPECIFICALLY INDICATED OUR INTEREST IN SEEING WHERE WE COULD LOOK AT OPPORTUNITIES TO COORDINATE AND CONSOLIDATE WITH OTHER ENTITIES. I'VE REPEATED THAT MORE RECENTLY, AND IN FACT, I THINK JUST YESTERDAY WE MENTIONED IT TO COMMISSIONER SHARPE THE FACT THAT WE MADE THAT OFFER BOTH FOR PROCUREMENT, WHERE WE RECENTLY RECEIVED THE HIGHEST RATING AVAILABLE TO A PROCUREMENT DEPARTMENT, AND I DON'T KNOW IF WE'VE TOLD YOU ALREADY, BUT FOR THE SECOND YEAR IN A ROW, WE'VE BEEN RATED AS HAVING THE BEST GOVERNMENT FLEET IN THE UNITED STATES. SO WE'VE MADE THAT OFFER. WE CERTAINLY ARE INTERESTED IN PARTNERING WITH OTHERS. I'VE MADE THAT SAME OFFER TO JOE DOCOBO AT THE SHERIFF'S OFFICE, THAT WE'D LIKE TO FIND OPPORTUNITIES TO WORK WITH THEM. FOR EXAMPLE, OUR NAPA CONTRACT GETS US A BETTER RATE THAN WE BELIEVE THAT THE SHERIFF'S OFFICE GETS ON THEIR PARTS. THEY DEAL WITH NAPA, BUT NOT TO THE EXTENT THAT WE DO. SO WE'RE ON THE SAME WAVELENGTH. WE'RE INTERESTED IN THAT. ANYTHING THAT YOU OR OTHER BOARD MEMBERS CAN DO TO HELP US PARTNER WITH OTHER ENTITIES, THIS IS ALL ABOUT TRYING TO SAVE THE MONEY ON PROCUREMENT ACTIVITIES, WHETHER IT'S FLEET OR ANYTHING ELSE, BUT WE -- WE'RE WITH YOU, AND IF YOU CAN HELP US GET IN THE DOOR ANYPLACE, WE'D APPRECIATE IT. >>KEVIN BECKNER: ONE OTHER QUESTION THAT I HAD, ESPECIALLY SINCE WE'RE DEALING WITH THE VOLATILE PRICES OF FUEL, AND WHEN I WAS LOOKING AT, ACTUALLY, THE COSTS THAT WERE QUOTED WHEN PUTTING THIS QUOTE, HAVE WE EVER EXPLORED USING DERIVATIVES OR USING ANY TYPES OF FUTURE CONTRACTS TO HEDGE THE PRICE THAT WE PAY FOR FUEL? >> WE HAVE LOOKED AT IT. WE DO USE OPIS, WHICH IS OIL PRICE INFORMATION SERVICE, WHICH IS RACK PRICING, EVERY DAY, DAILY AVERAGE PRICING THAT'S DONE BY AN INDEPENDENT THIRD PARTY EVERY DAY ON WHAT OUR AVERAGE PRICE IS. WHAT WE PAY FOR PRICE IS A VERY SMALL DERIVATIVE OVER AND ABOVE THE RACK PRICING, WHICH SET, AS I SAID, BY OPIS. ON OUR [INAUDIBLE] FUEL, WE'RE PAYING 0.01 CENT OVER OPIS RACK FOR THE FUEL THAT WE PICK UP. IN TERMS OF FUTURES, WE'VE HAD A LOT OF DISCUSSION. WE'VE TALKED TO HART. THERE ARE A COUPLE OF RULES OF THUMB AS IT RELATES TO HEDGING FUEL. ONE OF THE RULES OF THUMB IS THAT LARGE -- A LARGE PERCENTAGE OF YOUR ANNUAL BUDGET SHOULD BE DEDICATED TO FUEL, AS MUCH AS 60% IN ORDER TO HEDGE, AND EVEN AT THAT, THEY DON'T RECOMMEND THAT YOU HEDGE 100% OF, YOU KNOW, YOUR FUEL. >>KEVIN BECKNER: RIGHT. >> FOR US, OUR -- AND QUITE HONESTLY, THEY TELL YOU IF YOU'RE NOT COMING THROUGH THE DOOR WITH 4 MILLION GALLONS OF FUEL, GENERALLY, THERE'S NOT A LOT OF BENEFIT TO HEDGING OR, YOU KNOW, UTILIZING FUTURES. GENERALLY, THE REASON THAT AN ENTITY HEDGES FUEL IS TO LOCK IN A PRICE THAT THEY CAN FORECAST WHAT THEY'RE GOING TO SPEND ON FUEL, AND ULTIMATELY, IT IS NOT GOING TO SAVE YOU A WHOLE LOT OF MONEY IN THE LONG RUN BECAUSE IN YOUR SECOND -- WHEN YOU GO BACK TO, YOU KNOW, RESET YOUR PRICE, YOU'RE PROBABLY GOING TO END UP WITH A HIGHER PRICE. THE OTHER PART OF IT IS GENERALLY WE'RE A RISK-AVERSE ENTITY, AND THE IDEA OF HEDGING IS A NICE IDEA UNTIL YOU FIND YOURSELF HEDGED AND YOU'RE PAYING FAR MORE FOR FUEL THAN WHAT OPIS RACK MARKET IS, AND I DON'T REALLY KNOW THAT WE'RE THERE YET, AND I DON'T THINK THAT THE QUANTITY OF OUR FUEL REALLY MAKES US A GOOD CANDIDATE FOR HEDGING, BUT WE CERTAINLY HAVE HAD THAT DISCUSSION EXTENSIVELY, AND WE TALK TO HART EXTENSIVELY ABOUT IT. >>KEVIN BECKNER: RIGHT, WHEN FUTURES AND DERIVATIVES ARE USED APPROPRIATELY AND WITH PEOPLE EXPERIENCED ON HOW TO USE THEM, THEY CAN PROVIDE A SIGNIFICANT HEDGE BECAUSE IF YOU LOOK AT HOW VASTLY THE PRICE OF FUEL FLUCTUATED, EVEN OVER THE LAST YEAR, YEAR AND A HALF, IF YOU LOOK IN YOUR CONTRACT WHERE IT'S AT 1.86, AND PERHAPS MAYBE A YEAR, YEAR AND A HALF AGO, WAS OVER $3 A GALLON, YOU KNOW, THAT COULD BE -- YOU KNOW, CREATE SIGNIFICANT SAVINGS. SO I WOULD JUST ENCOURAGE STAFF TO AGAIN LOOK TOWARDS THAT AS A POSSIBILITY AND APPRECIATE THE EXPLORATION OF PARTNERING WITH OTHER ENTITIES AS WELL. AND I'LL MOVE THE ITEM. >>KEN HAGAN: MOTION TO APPROVE, COMMISSIONER BECKNER; SECOND, COMMISSIONER WHITE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>PAT BEAN: THE NEXT ITEM IS ITEM A-43. THIS IS TO APPROVE AN INCREASE TO BID NUMBER T-0340-07 (JM) FOR THE SECURITY SYSTEM MAINTENANCE AND REPAIR, AND THAT WAS ALSO PULLED BY COMMISSIONER BECKNER. >>KEVIN BECKNER: AND THE REASON WHY I PULLED THIS IS BECAUSE I'M A LITTLE -- I COULDN'T ASCERTAIN FROM STAFF OR FROM THESE CONTRACTS EXACTLY WHAT WE ARE APPROVING. WHEN I PULLED THE BACKUP -- AND I'M LOOKING AT THE ACTUAL CONTRACTS -- I SAW THE ORIGINAL CONTRACT WAS FOR 80,520 FOR A TWO-YEAR PERIOD, AND THAT WAS BACK IN OCTOBER OF 2007. WHEN I'M LOOKING AT THE CURRENT CONTRACT THAT WAS SIGNED FOR OCTOBER 2009, IT'S ALSO $80,520 DOLLARS, BUT THE ITEM SAYS THAT WE'RE APPROVING AN AMOUNT OF 150,025, AND I CAN'T SEEM TO GET THE NUMBERS TO ADD UP, SO IF YOU COULD HELP ME WITH THAT. >> YES, SIR. LYNNE FILLMON, PROCUREMENT SERVICES. WE ORIGINALLY WENT OUT TO BID FOR JUST THE SECURITY MAINTENANCE FOR THE COUNTY CENTER. THE COURTS CAME ALONG AND HAD A NEED FOR SECURITY SERVICES THEMSELVES WITH THEIR CURRENT CONTRACT EXPIRING SEPTEMBER THE 30th. WE LOOKED AT GOING OUT AND DOING A REQUEST FOR PROPOSAL, BUT THE TIME FRAME WAS VERY, VERY LONG, SO OUR STAFF RECOMMENDED TO THEM THAT WE LOOK AT PIGGYBACKING ON THIS CONTRACT. SO WHAT WE'RE ASKING FOR THE BOARD TO APPROVE IS AN INCREASE TO THAT EXISTING CONTRACT SO THAT THE COURTS CAN UTILIZE THAT. WHEN THIS CONTRACT EXPIRES, WE PLAN TO DO A COMPREHENSIVE REQUEST FOR PROPOSALS TO TAKE CARE OF THE MAINTENANCE OF ALL THESE SYSTEMS. >>KEVIN BECKNER: BUT ON THE ORIGINAL CONTRACT IT SAYS 80,520, AND I'M NOT SURE -- NOW, IN THE NEW CONTRACT IT'S 80,520. WHERE ARE WE GETTING THE 150,025. >> THE 150,025 IS TO ACCOMMODATE THE NEEDS OF THE COURT SYSTEM, AND THAT WILL BRING THE TOTAL CONTRACT UP TO $230,000. >> THE NEW CONTRACT WE ARE PRESENTING FOR 80,520, WHY DIDN'T WE GET A CONTRACT FOR 150? IN OTHER WORDS, I'M LOOKING AT A CONTRACT DATED 10/8 OF '09, IT STALE SAYS FOR 80,520, NOT FOR 150,025. >> I'M NOT SURE WHAT YOU'RE LOOKING AT, BUT -- >>KEVIN BECKNER: THIS IS IN OUR BACKUP. >> OUR EXISTING CONTRACT IS FOR 80,000. WE WANT TO ADD 150,000 TO IT, AND THE ONLY INSTRUMENT WE'RE USING FOR THAT IS THIS APPROVAL BY THE BOARD AND A QUOTATION FROM THE VENDOR. >>KEVIN BECKNER: WELL, IN THE BACKUP, THERE'S ANOTHER CONTRACT DATED 10/8 OF '09 FOR 80,520, SO THAT'S WHERE I'M CONFUSED. I WASN'T SURE IF WE'RE APPROVING 150 OR 80,000. >> THAT WAS THE ORIGINAL MOTION THAT THE BOARD MADE. WE ARE ASKING TO ADD 150 TO THAT. >>KEVIN BECKNER: OKAY. THE ORIGINAL AWARD I HAD HERE WAS FROM 10 OF '07 FROM 80,520. I AM LOOK AT ANOTHER AWARD 10 OF '09 FOR 80,520. >> THERE WAS AN AWARD, A RENEWAL. THIS WOULD BE AN INCREASE. >>PAT BEAN: THE INCREASE TO THE RENEWED 80,000 BECAUSE THE COURTS WILL COME IN AND THEY WILL ADD $150,000 OF COST TO THAT 80. >>KEVIN BECKNER: SO THE COST THAT WE'RE APPROVING, IS IT 80,520 OR 150,025? >>PAT BEAN: YOU'RE APPROVING ADDING THE 150,025 TO THE 80,520 FOR A TOTAL OF 230. >> WHAT WE TRY TO DO, COMMISSIONER, IS WE TRY TO PUT ALL THE ORIGINAL AWARDS THAT WERE DONE, WE TRY TO PUT ANY COPIES OF RENEWALS, SO IT WAS AWARDED AT THE 80,000, WE DID ANOTHER RENEWAL OF 80,000. THIS BRINGS IT UP-TO-DATE WE DO HAVE AN EXISTING CONTRACT OF 80,000. WE ARE REQUESTING THAT YOU AUTHORIZE US TO INCREASE THAT BY ANOTHER 150,000, WHICH WILL BRING THE TOTAL TO 230,000, AND THAT WILL BE THE NEW TOTAL AMOUNT OF THAT CONTRACT. >>KEVIN BECKNER: I MEAN, THIS IS JUST -- I -- THIS IS THE BACKUP THAT WE'RE PROVIDED, SO I MEAN, THIS IS SO COON FUSING. I DON'T UNDERSTAND HOW WE ARE -- AND I COULDN'T EVEN GET ADEQUATE RESPONSE FROM STAFF ON THIS. SO YOU'RE ASKING FOR 150,025 ADDITIONAL MONEY RIGHT NOW? >> YES, SIR, YES, SIR. >>KEVIN BECKNER: OKAY. SO WHERE'S THE CONTRACT, THEN, FOR THAT TOTAL AMOUNT? BECAUSE I ONLY HAVE TWO AWARDS IN HERE THAT THEY DON'T EVEN ADD UP TO THESE NUMBERS. >> I GUESS I'M NOT FOLLOWING YOU ON THAT, SIR. >>KEVIN BECKNER: I HAVE THE ORIGINAL AWARD CONTRACT DATED 10/8 OF '07 FOR 80,520. IT'S FOR A TWO-YEAR PERIOD FOR THE REAL ESTATE DEPARTMENT, PURCHASE ORDERS. >> YES. >>KEVIN BECKNER: I'VE GOT ANOTHER CONTRACT DATED 10/8/09 FOR 80,520. >> THAT'S A RENEWAL OF THE FIRST CONTRACT. >>KEVIN BECKNER: THAT'S A RENEWAL OF THE FIRST CONTRACT? >> YES, SIR. >>KEVIN BECKNER: OKAY. SO THE AGENDA ITEM THAT THIS BACKUP ACCOMPANIED SAID YOU WANT 150,025. >> IN ADDITION TO THE 80,000 THAT WAS APPROVED IN THE RENEWAL BACK IN '09. >>JIM NORMAN: USING THE SAME LANGUAGE, ADDING 150 TO IT. >> SAME CONTRACT. >>KEVIN BECKNER: SO YOU ARE ADDING 150 ONTO THIS CONTRACT? >> YES, SIR. >>PAT BEAN: YES. >>JIM NORMAN: I'LL MOVE IT. >>KEN HAGAN: MOTION, COMMISSIONER NORMAN; SECOND, COMMISSIONER WHITE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>PAT BEAN: THE NEXT ITEM, COMMISSIONERS, IS ITEM A-45, WHICH IS AWARD BID NUMBER C-0190-09(JA) THIS HAS TO DO WITH THE BRUCE B. DOWNS WIDENING FROM PALM SPRINGS BOULEVARD TO PEBBLE CREEK BOULEVARD. AND' NOT SURE -- I GUESS BOB GORDON IS COMING UP TO BE PREPARED TO RESPOND TO THIS ONE. AND COMMISSIONER HIGGINBOTHAM, THIS IS YOUR ITEM. >>KEN HAGAN: COMMISSIONER HIGGINBOTHAM, YOU PULLED THE ITEM. >>AL HIGGINBOTHAM: YEAH, I LOOKED AT THIS AND READ THROUGH THE BACKUP AND HAD DISCUSSION IN BRIEFING YESTERDAY AND STILL WASN'T SATISFIED AND WANTED TO GET FURTHER EXPLANATION BECAUSE IT JUST, AGAIN, LEFT SOME QUESTIONS IN MIND. I KNOW THIS MORNING THERE WERE SEVERAL SPEAKERS WHO WANTED TO ADDRESS IT, AND CHAIRMAN SAID THEY COULD COME AND DISCUSS THIS THIS AFTERNOON. I DON'T KNOW IF WE NEED TO SEND THIS BACK TO STAFF FOR ANOTHER LOOK, BUT IF YOU'D LIKE TO HAVE SOMETHING TO SAY, SIR. >>KEN HAGAN: I'D LIKE TO HAVE MR. GORDON AND THEN ALSO GIVE THE FOLKS AN OPPORTUNITY TO SPEAK WHO DID NOT GET A CHANCE THIS MORNING, THEN WE CAN GO FROM THERE. >>BOB GORDON: THANK YOU. BOB GORDON, PUBLIC WORKS DIRECTOR. THIS BID PROTEST DID COME IN ON, I BELIEVE, SEPTEMBER 21st. IT HAS BEEN VETTED THROUGH A NUMBER OF STAFF REVIEWS. THE ECONOMIC DEVELOPMENT DEPARTMENT HAS REVIEWED THE MINORITY PARTICIPATION AND THE MINORITY HIRING GOALS. PUBLIC WORKS DEPARTMENT HAS REVIEWED THE RESPONSIVENESS AND RESPONSIBILITY ISSUES ASSOCIATED WITH ALLEGATIONS AS TO UNBALANCING OF THE BIDS. THERE WERE SOME -- A W-9 FORM THAT WASN'T PROVIDED. IT WAS A MINOR DEVIATION FOR WHICH YOU WOULD NOT DISCARD THE BID. THE COUNTY ATTORNEY'S OFFICE HAS REVIEWED THIS CAREFULLY. IT'S THE POSITION OF THE PUBLIC WORKS DEPARTMENT THAT WHILE ALL OF THE BIDS HAVE DIFFERENCES IN UNIT PRICES, THAT IN AND OF ITSELF DOES NOT MAKE A BID MATERIALLY UNBALANCED. WHAT WE'RE LOOKING FOR IS WE'RE LOOKING FOR HAS THE CONTRACTOR INORDINATELY FRONT-LOADED A CONTRACT SO THAT YOU GET A GREATER PERCENTAGE OF THE MONEY UP FRONT THAN THE COST, THE VALUE OF THAT WORK. WE DON'T SEE THAT WITH ANY OF THE CONTRACTS THAT HAVE BEEN BID. WE DON'T SEE, IN LOOKING THROUGH A LINE-BY-LINE ANALYSIS OF 420-SOME LINE ITEMS ANYTHING SIGNIFICANT ENOUGH TO CAUSE US CONCERN THAT THERE IS UNBALANCING. WE HAVE A ASSURANCE FROM THE APPARENT LOW, RESPONSIBLE, AND RESPONSIVE BIDDER THAT HE WILL ABIDE BY HIS BID PRICES AS HE BID THEM. THE SPECIFIC ITEMS THAT WERE RAISED AS A CONCERN RELATED TO AN UNBALANCED BID WERE THE APPARENT, IN THE EYES OF THE PROTESTER, THE APPARENT UNDERBIDDING OF SOME ITEMS ASSOCIATED WITH WATER LINE WORK FOR THE CITY OF TAMPA. WE DID A JOINT PROJECT AGREEMENT WITH THE CITY OF TAMPA TO INCLUDE THEIR WATER LINE WORK WITH OUR CONTRACT SO THAT ONE CONTRACTOR'S OUT THERE DOING THE WATER LINE WORK AND THE ROAD CONSTRUCTION. AND THE CITY OF TAMPA HAS REVIEWED THAT. THEY'VE HAD THAT WORK DONE WITH KAMMINGA & ROODVOETS BEFORE. THEY INDICATED THEY ARE COMFORTABLE WITH THEM DOING THE WORK AND ARE COMFORTABLE WITH THE BID AS BID. EVEN IF THEY WEREN'T COMFORTABLE, IF YOU REALLY LOOK AT THE WHOLE CONTRACT FOR THE JOINT PROJECT AGREEMENT, IN FACT, THE PROTESTER IS ACTUALLY $600,000 LESS THAN KAMMINGA & ROODVOETS FOR THE ENTIRE CONTRACT FOR THE JOINT PROJECT AGREEMENT, SO WHILE THEY MAY OBJECT TO A FEW OF THE PRICES BEING A LITTLE BIT LOW, IN FACT, IF YOU ADD UP THEIR BIDS, THEIR LINE ITEMS FOR THAT JPA WORK, THEY'RE ACTUALLY $600,000 UNDER -- I'M SORRY -- UNDER THE APPARENT LOW BIDDER. SO I THINK I SAID THAT WRONG INITIALLY. BUT ANYWAY, THOSE ARE THE ISSUES. FRANKLY, OUR STRONG RECOMMENDATION IS THAT YOU AWARD THIS CONTRACT TO THE APPARENT LOW RESPONSIVE AND RESPONSIBLE BIDDER -- THAT'S KAMMINGA & ROODVOETS -- AND THAT WILL -- THEY ARE UNDER -- ABOUT $2.5 MILLION UNDER THE NEXT LOW BIDDER, AND WE BELIEVE THAT THEY ARE -- THEY COMPLY WITH ALL REQUIREMENTS OF OUR BIDDING PROCESS. >>KEN HAGAN: OKAY. I'D LIKE TO GIVE THE FOLKS AN OPPORTUNITY TO SPEAK THAT CAME DOWN THIS MORNING. I DON'T KNOW IF MR. PRESSMAN IS -- OR -- I'LL GIVE YOU A TOTAL OF FIVE MINUTES. >> MR. CHAIRMAN, COMMISSIONERS, TODD PRESSMAN, 28870 U.S. HIGHWAY 19 NORTH, SUITE 200, CLEARWATER, FLORIDA. I'M HERE TODAY WITH DOUG EVERS AND [INDISCERNIBLE], THE PRINCIPALS OF PEPPER CONTRACTING, WHO HAVE FILED A PROTEST. LET ME FIRST SAY THAT MR. GORDON AND HIS STAFF ALWAYS DO A GREAT JOB, BUT AS I STAND HERE, THE ISSUE FOR US AT THE MOMENT, AT THIS PRECISE MOMENT, IS PROCESS OR PROCEDURE. THIS IS A $40-MILLION PROJECT, AND YOU'VE HAD SUBMITTED SIGNIFICANT AMOUNT OF MATERIAL WHICH ARE ADDRESSING A NUMBER OF CONCERNS. AND YOU'VE HEARD SOME SIGNIFICANT, IN MY OPINION, SOME SERIOUS CONCERNS, ENOUGH THAT A COUPLE GENTLEMEN WHO WE'RE NOT ASSOCIATED WITH FLEW UP FROM MIAMI JUST TO HAVE THREE MINUTES TO SPEAK WITH YOU, AND THEY WOULD CERTAINLY LIKE TO EXPOUND ON THOSE. BUT AS WE -- AS I STAND HERE TODAY, WHAT WE WOULD LIKE TO REQUEST THE BOARD IS THAT THIS BEING A VERY COMPLEX ISSUE, ON THE SURFACE THERE'S A FEW LAYERS, BUT YOU CAN DIG, DIG, DIG ON DOWN. COMMISSIONERS NEED TO HAVE THEIR ARMS AROUND THIS. WE WOULD REQUEST THAT THERE BE A FORMAL PUBLIC HEARING OR REVIEW ON THIS. WITH GREAT LIBERTY, I WOULD SUGGEST AT YOUR NEXT PUBLIC HEARING ALLOW EACH 15 MINUTES. THAT'S WHAT I'M GOING TO NEED TO BE ABLE TO PRESENT THESE SIGNIFICANT ISSUES TO YOU. I CAN START TO ADDRESS SOME OF THE ISSUES MR. GORDON DID, BUT QUITE FRANKLY, THEY'RE LENGTHY AND THEY'RE IN DEPTH, AND OUR REQUEST WOULD BE FOR A PROJECT OF THIS IMPORTANCE THAT THE TIME TO CLEARLY AN FORMALLY PRESENT ALL THESE ISSUES TO YOU. AND AS WELL, OUR UNDERSTANDING IS THAT THERE ARE OTHER PERSONS WHO DID WANT TO SPEAK, BUT THERE'S A SHORT PERIOD OF TIME THIS MORNING, AND THEN PEOPLE HAD TO WAIT THROUGHOUT THE DAY. SO MR. CHAIRMAN, THAT'S WHAT WE WOULD ASK AT THIS PARTICULAR MOMENT. >>KEN HAGAN: OKAY. MS. LEE? >>RENEE LEE: YES. >>KEN HAGAN: FRANKLY, THIS SEEMS LIKE SOMEWHAT OF AN UNUSUAL REQUEST. IN THE PAST WE'VE HAD DISPUTES ON PROCUREMENT ISSUES, YOU KNOW, WE'VE TYPICALLY GIVEN EACH SIDE, I BELIEVE, FIVE MINUTES OR SO, AND THEN SOMETIMES WE'VE CONTINUED THE ITEM AND DONE MORE, HAVE STAFF DO MORE RESEARCH, COME BACK TO US, BUT I DON'T EVER RECALL GOING DOWN THE ROUTE OF HAVING A PUBLIC HEARING, PER SE. SO DO YOU HAVE ANY THOUGHTS OR COMMENTS ON THAT, OR WHAT IS YOUR OPINION? >>RENEE LEE: COMMISSIONER, I'D LIKE FOR ROSEMARY PERFIT TO ADDRESS THIS. I THINK THEY'VE GONE THROUGH SOME PART OF THE ADMINISTRATIVE PROCESS THAT WE NORMALLY HAVE. I DON'T KNOW IF THE APPEAL HAS BEEN TAKEN TO THE COUNTY ADMINISTRATOR AND SHE'S HAD AN OPPORTUNITY TO REVIEW THIS, BUT ROSEMARY, IF YOU WILL ADDRESS SOME OF THESE ISSUES. >> MR. CHAIRMAN, IF I MAY, WITH GREAT LIBERTY, LET ME ALSO INDICATE TO YOU THAT WE REALLY WERE NOT -- THIS THING MOVED VERY QUICKLY. WE REALLY DID NOT KNOW THAT THIS WAS EVEN GOING TO BE DISCUSSED UNTIL THURSDAY LAST WEEK. WE DIDN'T GET A LETTER FROM THE COUNTY ATTORNEY'S OFFICE -- THERE'S BEEN COMMUNICATIONS, BUT A SIGNIFICANT LETTER CAME JUST LAST EVENING, SO THERE'S A LOT OF RESPONSES COMING FROM THE COUNTY, AND THAT'S NOT FINGER POINTING ANYBODY RUNNING LATE. IT'S JUST THAT THIS THING HAS BEEN VERY RUSHED. FOR EXAMPLE, THE MINORITY OFFICE CAME TO THEIR CONCLUSION IN ONE DAY OR LESS WITH AN 18-DAY PROTEST. THEY DID SUBSEQUENT WORK AFTERWARD, BUT THERE WAS A ONE-DAY ISSUE. SO WE'RE CONCERNED ABOUT THAT AND HAVING ENOUGH TIME TO BE ABLE TO GATHER ALL THE INFORMATION AND UNDERSTAND THE RESPONSES AND ADDRESS THEM. THANK YOU. >>KEN HAGAN: OKAY. THANK YOU. >>ROSEMARY PERFIT: ROSEMARY PERFIT, ASSISTANT COUNTY ATTORNEY. THIS PROTEST HAS BEEN GOING ON FOR I'M NOT SURE EXACTLY HOW LONG, PROBABLY A MONTH OR SO, BUT I KNOW PAT BEAN DID THE FINAL LETTER AT LEAST FOUR OR FIVE DAYS AGO. IT WAS IN OCTOBER. SO -- AND I DID GET A LETTER FROM JOHN RAINS LAST WEEK, AND I DID REPLY TO IT YESTERDAY. IT WENT OUT YESTERDAY AFTERNOON BY EMAIL, AND I SENT COPIES TO EVERYBODY. BUT WE HAVE REVIEWED THIS. WE DO NOT THINK THERE ARE ANY LEGAL MERITS TO THE PROTEST AT ALL. >>KEN HAGAN: COMMISSIONER HIGGINBOTHAM. >>AL HIGGINBOTHAM: YEAH, AND COMMISSIONER BECKNER IS VERY GOOD ON PULLING ITEMS FROM THE CONSENT AGENDA, ESPECIALLY WHEN THERE ARE MODIFICATIONS AND CHANGES, AND YOU KNOW, WHEN WE SEE A LOWER BID, IS THIS GOING TO BE ONE WHERE WE'RE GOING TO HAVE MODIFICATIONS AND ADDENDUMS WHEN WE GET TO IT, AND THAT WAS MY CONCERN, ARE WE GOING TO SEE ADD-ONS AFTERWARDS, AND THEN WE'RE BACK TO WHERE WE BEGAN, IT WAS AN EQUAL BID IN PRICE. >>KEN HAGAN: COMMISSIONER FERLITA. >>ROSE FERLITA: I JUST WANTED OUR ATTORNEY TO ANSWER THAT. YOU WERE TALKING TO SOMEONE. COMMISSIONER HIGGINBOTHAM IS ALLUDING TO THE FACT THAT IT WILL BE -- I DON'T REMEMBER THE TERMS -- FURTHER OVERRUNS AND STUFF. >> I'M SORRY. >>ROSE FERLITA: REPEAT WHAT YOU SAID. I DON'T WANT TO REPEAT IT INCORRECTLY. >>AL HIGGINBOTHAM: ARE WE GOING TO BE IN A POSITION WHERE, WHEN WE'VE HAD OTHER CONTRACTS AND CASES, WHERE THERE ARE GOING TO BE MODIFICATIONS, ARE YOU GOING TO COME BACK TO US WITH OVERRUNS AND COSTS? WHERE ARE WE PROTECTED IF WE GO WITH THIS BID AND WE'RE NOT FACED WITH AN OVERRUN WHERE WE GET STUCK WITH THE BILL? >> THE ITEMS THAT THEY BID ON, THE UNIT BID PRICES, THEY ARE BOUND TO THOSE ITEMS AND THOSE BID PRICES. SO THEY CAN'T COME BACK AND SAY, FOR INSTANCE, ON THE RESTRAINTS THAT THE BIDDER IS QUESTIONING, THEY CAN'T COME BACK AND SAY, OH, WELL, REALLY, THAT'S GOING TO COST US MORE THAN WHAT WE BID. THEY'RE STUCK TO THAT. NOW, IF THERE ARE CHANGES IN THE JOB, IF WE PUT MORE WORK ON THEM, IF WE ASK THEM TO DO SOMETHING ELSE, THEN WE MIGHT GET CHANGE ORDERS, BUT ON THE BID, WE ARE PROTECTED. THEY ARE STUCK WITH THEIR BID AND THE BID PRICE THAT THEY SUBMITTED IF WE ACCEPT IT TODAY. >>AL HIGGINBOTHAM: DO YOU ANTICIPATE CHANGE ORDERS? >>BOB GORDON: LET ME JUST SAY, COMMISSIONER, WE INCLUDE CONTRACTS A CERTAIN AMOUNT FOR CONTINGENCY. THIS IS A MAJOR ROAD PROJECT. THERE WILL LIKELY BE CHANGES BECAUSE YOU CAN'T EVER MAKE A PERFECT SET OF PLANS. YOU DON'T HAVE TIME OR MONEY TO DO THAT. THERE WILL BE CHANGES, LEGITIMATE. JUST LIKE THERE HAVE BEEN LEGITIMATE CHANGES WITH PEPPER CONTRACTING ON RACE TRACK ROAD. THEY ARE A GREAT CONTRACTOR. ALL OF THEM ARE GREAT CONTRACTORS. YOU CAN'T GUARANTEE THERE WILL BE ANY CHANGE ORDERS BECAUSE MY GUESS IS THERE IS GOING TO BE SOMETHING OUT THERE THAT CHANGES THAT WE WEREN'T AWARE OF, BUT THAT'S PROVIDED FOR IN THE BUDGET. >>KEN HAGAN: COMMISSIONER FERLITA. >>ROSE FERLITA: THANK YOU, MR. GORDON, BUT THAT IS SOMETHING THAT WE DEAL WITH ALL THE TIME. THERE'S A DIFFERENCE BETWEEN LOW-BALLING IN TERMS OF YOUR PRICE AND THEN CHANGE ORDERS THAT WE ANTICIPATE SOMETIMES AND EXPECT THAT THAT WILL OCCUR. >> CORRECT. >>ROSE FERLITA: I KNOW SOME OF THE SPEAKERS WANT TO SPEAK, BUT THIS IS MY OPINION ABOUT THIS -- AND I DID DO SOME RESEARCH -- I DON'T HAVE ANYTHING ELSE, BOB. THANKS. >>BOB GORDON: OKAY. >>ROSE FERLITA: I DID SPEAK WITH THE PRINCIPALS OF PEPPER, JUST BASICALLY ON PROCESS AND OUR PROCEDURES, ET CETERA. OBVIOUSLY, ANYTIME YOU TALK TO SOMEBODY, THERE'S ALWAYS ROOM FOR MORE EFFICIENCY, BUT THAT IS SEPARATE AND DIVORCED FROM THE ISSUE TODAY IN TERMS OF PROTEST. WITH ALL DUE RESPECT, MR. PRESSMAN, I HAVE NEVER HEARD US CONVERTING SOMETHING LIKE THIS INTO A PUBLIC HEARING WHEN OUR ATTORNEY HAS CLEARLY SAID THIS IS NOT SOMETHING THAT JUST STARTED. IT'S BEEN GOING ON FOR A WHILE. AND I THINK IF WE RUN DOWN THAT ROAD OF CONVERTING THIS CONVERSATION AND THIS DEBATE BACK AND FORTH BETWEEN THE PARTIES BASED ON A PUBLIC HEARING, I THINK WE ARE FRAGMENTING THE SYSTEM THAT I THINK WE SHOULD PROTECT. LET ME JUST SAY THAT I HAVE LOOKED AT SOME RESEARCH, AND I KNOW THAT PEPPER HAS DONE GREAT PROJECTS. I HAD A LISTING OF THEM. I THOUGHT I HAD IT WITH ME. I APOLOGIZE. I LEFT IT ON MY DESK. THE POINT IS THIS IS A FAIR PROCESS AS FAR AS WHAT I'M CONCERNED, AS FAR AS I'VE OBSERVED, SO NOT ONLY WOULD I NOT SUPPORT YOU COMING BACK UNDER A PUBLIC HEARING VENUE, AT THIS POINT, I WOULDN'T EVEN SUPPORT A REMAND. I THINK IT WAS FAIR. THEIR PRICE IS LOW. THEIR PRICE IS GOOD. AND THEY DON'T DARE COME BACK TO US AND SAY WE MADE A MISTAKE. WE DIDN'T REALLY MANY THIS PRICE. WE MEANT THIS PRICE. BECAUSE THEN WE DO HAVE AN ISSUE. YOU HAVE AN ISSUE AND WE HAVE AN ISSUE. IN TERMS OF WHAT WAS PRESENTED, I THINK OUR STAFF HAS DONE THEIR DUE DILIGENCE, AND I'M REALLY SORRY, BUT I CAN'T SUPPORT YOUR REQUEST. >>KEN HAGAN: COMMISSIONER SHARPE. >>MARK SHARPE: I READ BACKGROUND MATERIAL AS WELL, AND PEPPER I KNOW HAS BEEN INVOLVED IN A NUMBER OF PROJECTS AND DO GOOD WORK. BID PROTESTS ARE ALWAYS CHALLENGING. AS I'VE SAID IN THE PAST, IF I SEE HEAR OR READ EVIDENCE OR INFORMATION WHICH I THINK WARRANTS A REVIEW, I'M WILLING TO CONSIDER IT, BUT I REALLY DO RELY HEAVILY ON THE RECOMMENDATION OF STAFF AND TO GIVE US AN INDICATION AS TO WHETHER OR NOT THERE IS MERIT FOR A DELAY BECAUSE ONCE WE BEGIN THIS PROCESS OF GIVING INDIVIDUALS OPPORTUNITIES TO CHALLENGE AWARDS, IT NEVER ENDS. AND I'VE READ THE SEPTEMBER 28th MEMO IN WHICH WE RESPOND TO THE BID PROTEST, AND IT SEEMS THAT THE KEY PROTEST WAS THE -- THAT IT WAS A NONRESPONSIVE -- K & R'S BID WAS NONRESPONSIVE TO AND DID NOT COMPLY WITH THE BID REQUIREMENTS OF ARTICLE 1.11 OF THE SPECIAL CONDITIONS. IT'S THE COUNTY'S OPINION AND THE OPINION OF PUBLIC WORKS THAT K & R'S BID IS NOT UNBALANCED AND GOES ON TO EXPLAIN WHY. AND UNLESS YOU HAVE ANY -- YOU KNOW, ANY INFORMATION THAT YOU COULD PROVIDE THAT WOULD INDICATE OTHERWISE, I WILL SUPPORT MOVING THIS ITEM FORWARD. >> YES, I'D LIKE TO SUBMIT A COUPLE POINTS, IF I MAY, MR. CHAIRMAN. >>KEN HAGAN: SURE. >> IN REGARD TO UNBALANCED BIDS, IN A LETTER OF OCTOBER 20th, THE COUNTY RESPONDS. AND I THINK THE BENCHMARK FOR YOU IS THAT THAT PRICE, WHICH IS A CRITICAL ITEM IN THIS PROJECT, IS 1500% DIFFERENT THAN THE COUNTY ENGINEER'S ESTIMATE. THAT'S HOW FAR OFF THAT ELEMENT IS IN TERMS OF AN UNBALANCED BID. THAT'S THE BENCHMARK, AND THAT'S BEEN SUBMITTED TO YOU IN WRITING. BUT INTERESTINGLY ENOUGH, MR. GORDON SORT OF REFERRED TO THIS, AND I READ DIRECTLY FROM THE REMEMBER. THEY NOTE THE CITY OF TAMPA REVIEWED THE BID TABULATIONS AND CONSIDERS K & R'S BID FOR THE PROPOSED IMPROVEMENTS RESPONSIVE. YET NEXT PARAGRAPH, THE SAME LETTER SAID THE DECISION ABOUT A BALANCED BID IS THE COUNTY DECISION. SO WHICH ONE IS IT, THE CITY MAKING THE DECISION OR THE COUNTY MAKING THE DECISION? THAT'S VERY UNCLEAR. AND THE DIRECTIVE FROM THE LETTER IS IT'S THE CITY, BUT THE CITY HASN'T MADE THAT DECISION. IN REGARD TO THE MINORITY BUSINESS CONCERNS, YOU'VE HEARD FROM A COUPLE FOLKS ALREADY. WHEN YOU LOOK AT THE MINORITY PARTICIPATION, SEVERAL OF THE COMPANIES ARE OUT OF BUSINESS. I HAVE THE CORPORATE RETURNS HERE OF SOME OF THE CORPORATIONS THAT WERE TALLIED THAT WERE DISSOLVED IN 2007. THREE OF THEM WERE UNCERTIFIED IN HILLSBOROUGH COUNTY. TRIED CALLING A COUPLE. THEIR LINE'S DISCONNECTED. SO THE CRITICAL ELEMENT ON YOUR CONTRACT, ARTICLE 7.2, IS THAT THEY HAVE TO DETERMINE GOOD-FAITH EFFORT. WELL, MY PERSONAL OPINION IS IF YOU'RE CONTACTING COMPANIES THAT ARE NO LONGER IN EXISTENCE AND THEIR PHONE'S DISCONNECTED, THAT'S NOT A GOOD EFFORT, LET ALONE YOU HEARD FROM TWO GENTLEMEN TODAY WHO SUBMITTED A BID SPECIFICALLY FOR A LARGE PIECE OF THIS PROJECT, $4 MILLION, AND THEY'RE REQUIRED UNDER THE CONTRACT TO BE RESPONSIVE AND TO BE COMPETITIVE. THEY WERE NEVER CONTACTED BACK, THEY WERE NEVER TALKED TO, AND THEY WERE UP HERE BECAUSE THEY WERE UPSET BECAUSE THEY FEEL THE MINORITY ELEMENT OF THIS PROJECT, WHICH IS REQUIRED, WAS SKIRTED. THAT WAS THEIR OPINION AS PRESENTED TO YOU. IN OUR OPINION, IT WAS NOT FOLLOWED UP. IT WAS NOT A PRO FORMA EFFORT. YOU'VE HAD PRESENTATION AND TESTIMONY TO THAT EFFORT, OR TO THAT REGARD. THERE'S A LOT MORE TO THIS. THIS IS A COMPLEX ISSUE. THIS IS A $400-MILLION PROJECT. AND I -- >> 40 MILLION. >> AND OUR CONCERN IS IT BEING BANTERED ABOUT A FEW MINUTES BEFORE THE BOARD OF COUNTY COMMISSIONERS. THIS IS A PROJECT THAT'S NOT ONLY GOING TO WIDEN THE ROAD BUT IS GOING TO BE THE MAIN WATER CARRIER FOR THE WELLFIELDS FOR THE CITY OF TAMPA. THESE ARE CRITICAL PROJECTS, AND THEY NEED TO BE DONE, AS WE FEEL -- OUR OPINION IS THAT THERE'S BEEN INCONSISTENCIES IN REGARD TO NOT NECESSARILY YOUR SCORING BUT THE WAY THE STAFF HAS INTERPRETED IT AND CONSTRUED IT. AND TO TAKE ANOTHER HALF HOUR TO REVIEW THESE IN DEPTH IS WHAT WE'RE REQUESTING. >>KEN HAGAN: COMMISSIONER NORMAN. >>JIM NORMAN: MR. GORDON -- OR ROSEMARY, I GUESS, I'D LIKE TO ASK A COUPLE QUESTIONS. YOU SAID YOU SPENT 18 DAYS -- WAS IT 18 DAYS REVIEWING THIS? >>ROSEMARY PERFIT: I HAVEN'T SPENT 18 DAYS REVIEWING THIS. IT'S BEEN GOING ON SINCE SEPTEMBER -- I DON'T KNOW WHEN THE FIRST LETTER WENT OUT. >>BOB GORDON: BID OPENING WAS SEPTEMBER 3rd. THE PROTEST WAS FILED SEPTEMBER 21st. WE RESPONDED SEPTEMBER 28th. >>JIM NORMAN: OKAY. AND THE THINGS AND THE CLAIMS OF MINORITY, YOU MENTIONED THE CITY OF TAMPA WAS SATISFIED. I'M SAYING IF THEY TAKE THE NEXT STEP AND TAKE US TO COURT OR SOMETHING, IT WOULD BE PRETTY EMBARRASSING IF ALL THESE THINGS ARE -- >>BOB GORDON: I DON'T THINK THERE'S ANY CONCERN FROM STAFF THAT WE WON'T BE ABLE TO DEFEND THOSE EASILY. >>JIM NORMAN: FOR A $40-MILLION CONTRACT, WHAT I'M SAYING, IT WOULD BE PRETTY EMBARRASSING -- >> 40. >> 40 MILLION. >>JIM NORMAN: 40. IF THE PHONES -- NOBODY HOME KIND OF THING -- >>BOB GORDON: YES, SIR, I UNDERSTAND THAT. >>JIM NORMAN: THAT WOULD BE AN EMBARRASSMENT TO THE COUNTY IF THEY'VE ADDED MINORITY PARTICIPATION OR WHATEVER TO A CONTRACT AND WE DIDN'T -- WE DIDN'T SCRUB A $40-MILLION CONTRACT. I'M JUST SAYING I'M HEARING TESTIMONY, I'M RELYING ON YOUR CREDIBILITY AND ROSEMARY'S CREDIBILITY THAT YOU ALL REVIEWED THIS AND YOU FEEL THAT YOUR STATEMENTS TO US THAT YOU'RE ON SOLID GROUND, THE COUNTY'S ON SOLID GROUND -- >>BOB GORDON: ABSOLUTELY, COMMISSIONER. >>JIM NORMAN: -- AND THERE IS SOMEBODY HOME AT THESE PHONES. >>BOB GORDON: OH, YES, WE ARE VERY CONFIDENT. WE HAVE NOT TAKEN THIS LIGHTLY, SIR. >>KEN HAGAN: COMMISSIONER FERLITA. >>ROSE FERLITA: THANK YOU, MR. CHAIRMAN. I JUST WANT TO MAKE ONE POINT HERE. AGAIN, I'M NOT SO SURE THIS IS ABOUT THE PROCESS. IT APPEARS FROM OUR ATTORNEY AND MR. GORDON THAT THE PROCESS WAS FOLLOWED AND IT WAS AWARDED ACCORDINGLY. I THINK MR. PRESSMAN TALKED ABOUT SOMETHING THAT IT WAS UNBALANCED AND 1500% LOWER THAN -- WHATEVER. LET ME JUST GIVE YOU AN EXAMPLE, AND NOT IN TERMS OF AN EMERGENCY SITUATION BECAUSE THAT'S WHEN THE GOVERNMENT WOULD GET INVOLVED IN TERMS OF GOUGING PEOPLE BECAUSE WE'RE HAVING AN EMERGENCY HURRICANE OR SOMETHING. BUT UNDER NORMAL CONDITIONS IN ANY BUSINESS AND TRYING TO BE COMPETITIVE, SUPPOSE, FOR INSTANCE, WHEN I WAS IN THE DRUGSTORE BUSINESS AND I BOUGHT SOMETHING AT A REALLY GOOD PRICE AND I BOUGHT A LOT OF IT. THERE'S NOTHING TO PRECLUDE ME FROM BEING MORE COMPETITIVE THAN THE GUY DOWN THE STREET BY SELLING MY PRODUCT CHEAPER. I HAVE MY PRODUCT. I HAVE SECURED IT. I KNOW THE COST OF GOODS IS ALREADY BUILT INTO MY BID. AND THERE IT IS. I SUSPECT THAT PERHAPS MAYBE THESE PEOPLE, THIS OTHER COMPANY, HAD AN EXCESS INVENTORY OF WHATEVER IT IS MR. PRESSMAN IS REFERRING TO, BUT HE HAS EVERY RIGHT TO SELL IT TO YOU AT WHATEVER HE WANTS SO LONG AS -- AND BACK TO MY FIRST CONVERSATION -- THAT HE DOESN'T COME BACK AND SAY OH, THAT'S NOT WHAT I MEANT OR HE MAKES UP SOME STORY ABOUT HOW HE HAS TO REBID AT A DIFFERENT COST. THAT'S ANOTHER ISSUE AND WE SHOULD TAKE CARE OF THAT AND VERY AGGRESSIVELY. BUT IN TERMS OF WHAT HAS HAPPENED HERE, YOU CANNOT FAULT ONE VENDOR VERSUS THE OTHER IF HE HAS THE INVENTORY AND HE CAN SELL IT TO US CHEAPER. I MEAN, IT'S JUST -- IT'S BUSINESS. IT'S DOING BUSINESS. AND IF HE IS IN A POSITION TO HAVE THE OPPORTUNITY TO SELL IT TO US CHEAPER, THEN I DON'T THINK IT DIMINISHES THE WORTH OF HIS BID. IT BENEFITS US BECAUSE WE'RE GETTING IT CHEAPER, BUT IT DOESN'T HELP THE OTHER GUY BECAUSE MAYBE HE DOESN'T HAVE THAT INVENTORY AT THIS POINT AND HE HAS TO GO BUY IT AT TODAY'S COST AND AT TODAY'S VALUES. >>BOB GORDON: THAT'S CORRECT, AND I BELIEVE THEY'VE REAFFIRMED THAT TO US AND THEY'RE HERE THIS AFTERNOON. THEY CAN REAFFIRM THAT THEY ARE GOING TO HONOR THOSE PRICES AS WELL. >>KEN HAGAN: AND IT'S GOING TO BE NECESSARY TO HEAR FROM THIS VENDOR BEFORE WE VOTE ON THE MOTION, SO IS THE OTHER COMPANY HERE? NOT RIGHT NOW, MR. EVERS. >>PAT BEAN: KAMMINGA. >>KEN HAGAN: GOOD AFTERNOON, SIR. WANTED TO GIVE YOU AN OPPORTUNITY TO SPEAK. >> THANK YOU. MARK TIDY, KAMMINGA & ROODVOETS. >>KEN HAGAN: DO YOU HAVE ANY COMMENTS YOU WOULD LIKE TO MAKE? YOU'VE HEARD THE BOARD DISCUSSION UP TILL NOW. >> YEAH. THERE'S ALMOST 600 BID ITEMS, 400 FOR THE COUNTY AND ALMOST 200 FOR THE CITY OF TAMPA. THERE ARE ITEMS THEY PICKED SUBSTANTIALLY LOWER. WE ARE SUBSTANTIALLY LOWER THAN THEM. THEY ARE AT A DISCOUNT. IT WAS A CONSCIOUS DECISION TO BID THOSE ITEMS AT THE PRICE WE BID THEM AT AS AGGRESSIVELY AS POSSIBLE TO GET THE JOB. THAT'S WHAT YOU DID. YOU WILL NOT SEE US BACK HERE ASKING FOR ANY MORE MONEY ON ANY ONE OF THOSE ITEMS. I'M SORRY, I'M NERVOUS. >>KEN HAGAN: THAT'S RIGHT ALL RIGHT. >> WE DON'T DO THAT, NEVER DONE IT, WON'T DO IT. MY PROMISE. >>KEN HAGAN: OKAY. THANK YOU, SIR. I DON'T KNOW ABOUT THE REST OF THE BOARD MEMBERS. I'M NOT INCLINED TO AUTHORIZE A PUBLIC HEARING ON THIS. I DON'T THINK WE'VE EVER GONE THAT ROUTE, AT LEAST SINCE I'VE BEEN HERE. I DON'T HAVE A PROBLEM WITH, YOU KNOW, CONTINUING IT BASED ON PROCESS, PROCEDURE, AND RESPONSE, CONCERNS, LOOKING AT IT DEEPER, BUT I'M NOT GOING TO SUPPORT A PUBLIC HEARING. >>ROSE FERLITA: MR. CHAIRMAN, I'LL MAKE A MOTION TO MOVE IT AND SEE WHERE WE GO. I THINK IT'S A FAIR PROCESS, AND I'M SORRY FOR THE VENDOR THAT LOST, BUT IT'S A FAIR PROCESS, AND I'LL SUPPORT IT. >>KEN HAGAN: THE MOTION ON THE FLOOR IS TO APPROVE THE ITEM BY COMMISSIONER FERLITA, AND SECOND COMMISSIONER HIGGINBOTHAM. >>MARK SHARPE: SHARPE. >>KEN HAGAN: SHARPE. I'M SORRY. I'LL GIVE YOU TWO MINUTES BEFORE WE VOTE. >> AND WITH ALL RESPECT, I APPRECIATE THAT. I DEFERRED FROM NOT SPEAKING THIS MORNING SO WE COULD AT LEAST -- >>KEN HAGAN: TYPICALLY IT'S FIVE MINUTES FOR EVERYONE, NOT THREE, THREE, THREE. >> I UNDERSTAND, AND I DO APPRECIATE YOUR TIME. THREE BIG-PICTURE POINTS, AND I'LL BE VERY BRIEF. I'VE BEEN IN THIS BUSINESS FOR ABOUT 30 YEARS. WE -- BID PROTESTS ARE NOT COMMON. WE DON'T DO THEM WILLY-NILLY. WE UNDERSTAND MINOR IRREGULARITIES ARE WAIVED. BUT THESE DISCREPANCIES GO BEYOND JUST MINOR IRREGULARITIES OR WE WOULD NOT HAVE VOICED THIS PROTEST TO BEGIN WITH. YOU RECEIVED EIGHT BIDS FOR THIS PROJECT. EVERYONE BID THIS PROJECT RESPONSIVELY EXCEPT FOR YOUR LOW BIDDER. THERE WERE EIGHT ADDENDUMS WHICH I'M HOLDING IN YOUR HAND WHICH GAVE VERY SPECIFIC INSTRUCTIONS ABOUT HOW TO BID THIS JOB. WE FOLLOWED THOSE ADDENDUMS TO THE T. AND YOU HAVE A VERY SOPHISTICATED BID PROCESS FOR PROJECTS THAT ARE OF THIS MAGNITUDE, AND THE PEOPLE LIKE US OUT THERE TAKE THOSE RESPONSIBILITIES VERY SERIOUSLY IN TERMS OF HOW WE RESPOND TO -- I MEAN, THIS ADDENDUM ACTUALLY SAYS ON THE SPECIFIC ITEMS THAT KAMMINGA & ROODVOETS THAT'S UNBALANCED, IT SAYS DON'T DO IT. IT'S THAT SPECIFIC. AND THE MESSAGE TO OUR INDUSTRY IS THAT I GUESS IT DOESN'T MATTER. AND I'M NOT TRYING TO BE -- PLEASE TAKE THAT IN THE POSITIVE WAY I'M TRYING TO SAY IT. BUT IF IT DOESN'T REALLY MATTER TO COMPLY WITH YOUR MINORITY BUSINESS REQUIREMENT AND THE RESPONSIVENESS REQUIREMENTS OF THE BID, THAT IMPACTS HOW THESE PROJECTS ARE DONE GOING FORWARD. AND THAT'S FOR REAL. I MEAN, WHAT YOU DECIDE ON THIS BID WILL HAVE AN IMPACT LONG-TERM GOING FORWARD. YOUR MBE GOAL WAS 13%. WE MET IT. THE MAJORITY OF THE BIDDERS MET THAT GOAL. IT WAS AN ATTAINABLE GOAL. THEY GOT 2.8% BECAUSE THEY NEVER REALLY TRIED, AND THE BOARD JUST NEEDS TO DECIDE IS YOUR PROGRAM FOR REAL OR IS IT NOT. >>KEN HAGAN: THANK YOU. >> MAY I HAVE YOUR NAME FOR THE RECORD PLEASE, SIR. >> YES, I'M SORRY, DOUG EVERS, PEPPER CONTRACTING. >>KEN HAGAN: COMMISSIONER HIGGINBOTHAM. >>AL HIGGINBOTHAM: DOES THIS MERIT -- BEFORE WE SIGN OFF ON IT -- WITH THE QUESTIONS THAT HAVE BEEN RAISED, AN ADDITIONAL LOOK TO SEE IF THIS HAS BEEN PROPERLY VETTED. I DON'T KNOW IF THAT'S WHAT YOU WERE ALLUDING TO, MR. CHAIRMAN, OR NOT. >>KEN HAGAN: I PERSONALLY -- >>AL HIGGINBOTHAM: THERE IS A MOTION ON THE FLOOR, BUT I'LL ASK THAT WE AMEND THAT MOTION TO HAVE ONE MORE LOOK TO MAKE SURE THESE QUESTIONS OF PROPER VETTING HAVE TAKEN PLACE. >>ROSE FERLITA: THAT WOULDN'T AMEND MY MOTION. WHY DON'T YOU COME UP WITH -- THE MOTION WAS MINE, I BELIEVE. MR. SHARPE, AM I WRONG? >>MARK SHARPE: NO, IT'S YOUR MOTION. >>ROSE FERLITA: SO DON'T AMEND IT BECAUSE YOU'RE GOING ANOTHER DIRECTION AND I CAN'T SUPPORT IT, SO LEAVE MY MOTION ALONE. >>AL HIGGINBOTHAM: I'LL SUBSTITUTE A MOTION THAT WE TAKE ANOTHER LOOK, ASK STAFF TO GO BACK AND LOOK AT THIS, ADDRESS THESE CONCERNS THAT WE HAVE TO MAKE SURE THAT -- YOU KNOW, THE MAGNITUDE OF THIS CONTRACT, MAKING SURE IT'S DONE RIGHT. I KNOW THAT STAFF HAS SAID TRUST US, AND I FEEL PART OF MY JOB IS TO WATCH STAFF, MAKE SURE THAT THERE ISN'T ANY COVERAGE BETWEEN THE CHANGE ORDERS THAT MAKE UP FOR LOSSES THAT MAY OR MAY NOT BE CORRECT, BUT I JUST WANT THIS TO BE LOOKED AT ONE MORE TIME. I MAKE A SUBSTITUTE MOTION THAT WE REVIEW THIS FOR ANOTHER LOOK TO MAKE SURE WE'RE CORRECT. >>KEN HAGAN: COMMISSIONER FERLITA. >>ROSE FERLITA: CERTAINLY I'M NOT GOING TO SUPPORT THE SUBSTITUTE. I'LL SUPPORT MY OWN. I JUST WANT TO MAKE SOME CLOSING COMMENTS SO NOBODY GOES AWAY WITH MISUNDERSTANDING. MR. EVERS, WHEN YOU AND I AND YOUR PARTNER MET, WE HAD A VERY CONSTRUCTIVE CONVERSATION. I APPRECIATE SOME OF THE WORK YOU'VE DONE. SOME YOU HIGHLIGHTED LIKE GANDY BOULEVARD. BUT IT IS IMPORTANT TO US. OUR POLICY DOES MATTER. OUR PROCEDURES DOES MATTER. WHETHER OR NOT IT COMES OUT ON YOUR SIDE OR SOMEBODY ELSE'S, THAT'S A MATTER OF PERSONAL INTEREST, AND I UNDERSTAND BUSINESS. BUT FOR ME TO GO AWAY AND NOT RESPOND TO THAT, I WOULD FEEL BADLY IF I WALKED AWAY WHEN OUR ATTORNEY CLEARLY HAS PUT HER REPUTATION BEHIND HER COMMENTS, AND MR. GORDON, WHO IS VERY WELL RESPECTED IN THE PUBLIC WORKS INDUSTRY. WE HAVE DONE OUR PROCESS. IT WAS FOLLOWED. YOU DIDN'T LIKE HOW IT CAME OUT, BUT I DON'T SEE ANY FAULT WITH HOW IT WAS AWARDED OR THE WAY THE PROCEDURE WAS FOLLOWED. I KNOW WE ARE DISAGREEING, BUT BELIEVE ME, THE PROCESS DOES MATTER. IT JUST DIDN'T WORK IN YOUR BENEFIT THIS TIME. >>KEN HAGAN: COMMISSIONER WHITE. >>KEVIN WHITE: THANK YOU, MR. CHAIRMAN. MR. EVERS, WOULD YOU PLEASE COME UP. THERE'S A COUPLE OF THINGS THAT I'M UNCLEAR ABOUT WHAT YOU'RE STATING. YOU'RE SAYING THE NONRESPONSIVENESS IN THE EIGHT ADDITIONAL ITEMS THAT YOU HAVE IN YOUR HAND. ARE YOU SAYING THAT, FIRST OF ALL, THESE ARE THINGS THAT WERE REQUESTED ON THE BID THAT WERE NOT ANSWERED CORRECTLY AND HAD TO GO BACK AND BE REDONE AGAIN? IS THAT WHAT YOU'RE SAYING ON THAT? >> WELL, AND VERY BRIEFLY, THERE REALLY ARE TWO PRIMARY REASONS WHY WE FELT THIS BID WAS -- >>KEVIN WHITE: NO, NOT WHY YOU FELT, BUT WHAT IS THAT? THE REASON YOU'RE SAYING UNRESPONSIVE, FIRST OF ALL, WITH THAT STACK. >> THIS STACK HAS TO DO WITH 15 BID ITEMS THAT HAVE A NUMERICAL DOLLAR VALUE OF $1.7 MILLION. KAMMINGA & ROODVOETS BID THOSE SAME ITEMS AT $136,000. JUST TO BUY THE MATERIAL IS $1.2 MILLION. SO IT'S NOT THAT THEY HAD AN INVENTORY OF THESE THINGS AND COULD OFFER THEM TO THE COUNTY AT A DISCOUNT. YOU CANNOT BUY THEM -- AND NOBODY KEEPS THEM IN INVENTORY. THE BIGGEST CONTRACTOR IN THE UNITED STATES DOESN'T KEEP THESE PARTICULAR TYPE OF THINGS IN INVENTORY. SO THAT'S HOW DRAMATICALLY THIS BID WAS UNBALANCED. IT'S NOT JUST -- [LAUGHTER] -- THAT'S THE ORDER OF MAGNITUDE. ADDENDUM NUMBER 7 IN THIS PACKAGE SAYS TO THE BIDDERS, AFTER ABOUT THREE OR FEWER TIMES THE SAME QUESTION WAS ANSWERED, IT SAYS BIDDERS, BID THOSE ITEMS BALANCED, AND IT EVEN SAYS -- IT DEFINES IT AS A BALANCED BID IS YOUR MATERIAL COST PLUS LABOR, EQUIPMENT, AND MARKUP. SO IT'S A FIFTH-GRADE-LEVEL INSTRUCTION. ALL OF YOUR OTHER BIDDERS FOLLOWED THAT TO THE T BUT FOR KAMMINGA & ROODVOETS. >>KEVIN WHITE: I'M SORRY. AND THE OTHER THING WHICH YOU MENTIONED, WHICH I'VE ALWAYS BEEN VERY CONCERNED ABOUT ON THIS BOARD, IS MINORITY PARTICIPATION COMPONENT OF THE PROJECT, AND YOU'RE SAYING THAT -- IS THERE ANYONE IN OUR STAFF FROM OUR ECONOMIC DEVELOPMENT OFFICE? MR. GRAY? FIRST OF ALL, CAN YOU -- YOU'RE SAYING THIS THAT WAS ONLY 2.8%, AND OUR GOAL IS 13%. BUT NOT ONLY ON THIS PARTICULAR CONTRACT -- AND ONE OF THE THINGS I'VE ALSO BEEN TRYING TO GET FROM THE ECONOMIC DEVELOPMENT DEPARTMENT, CAN WE GET A ROLLING REPORT ON ALL OF THESE CONTRACTS THAT WE AWARD WHEN PEOPLE ARE SAYING WHEN THEY PUT THE BID IN FOR CONTRACT THAT WE'RE GOING TO HAVE WHATEVER THE PERCENTILE IS, GET A REPORT BACK WHEN THESE CONTRACTS ARE DONE OF THEIR ACTUAL UTILIZATION OF MBEs AND SBEs? AND SECOND OF ALL, WHEN WE WERE TALKING ABOUT THE CONTRACT WITH MR. PRESSMAN SAID HE DID HIS DUE DILIGENCE IN CALLING SOME OF THESE PARTICULAR VENDORS THAT I GUESS WAS LISTED, AND THEY WERE NO LONGER IN BUSINESS OR OUT OF BUSINESS, NO PHONE. IS THAT PART OF OUR PROCESS TO FOLLOW UP WITH THE -- THE BIDDER'S REQUEST WITH THEIR MINORITY MBE VENDORS THAT THEY'RE LISTING TO MAKE SURE THAT THEY ARE STILL IN BUSINESS AND THEIR REGISTRATION IS STILL CURRENT WITH HILLSBOROUGH COUNTY? >>GENE GRAY: COMMISSIONER, GENE GRAY WITH ECONOMIC DEVELOPMENT DEPARTMENT. COMMISSIONER, TO ADDRESS THAT FIRST, WE DO NOT CALL THESE SUBCONTRACTORS, THE MINORITY SUBCONTRACTORS, BUT WE DO VERIFY THAT THEY ARE ON OUR CERTIFIED LIST FOR EVERY BID. BUT WE DON'T CALL THEM TO ENSURE THAT THEY'RE STILL IN BUSINESS. WE RELY UPON THE -- A CURRENT CERTIFICATION FOR THE VERIFICATION. >>KEVIN WHITE: OKAY. REAL QUICK, HOW OFTEN, AFTER A VENDOR BECOMES CERTIFIED AND ON OUR BID LIST -- HOW OFTEN DO THEY HAVE TO RECERTIFY AND UPDATE? IS IT YEARLY? >>GENE GRAY: EVERY TWO YEARS. AND COMMISSIONER, WITH REGARD TO THE REVIEW BY OUR STAFF OF THIS BID AND ALL BIDS, THE COUNTY POLICY AND LAW DOES NOT ALLOW US TO REQUIRE MINORITY PARTICIPATION. WE ENCOURAGE THAT THROUGH A GOAL-SETTING PROCESS. IT IS NOT UNCOMMON FOR A BID TO BE SUBMITTED THAT COMES IN LESS THAN WHAT THE ESTABLISHED GOAL IS, WHICH IS WHY THE GOOD-FAITH EFFORT PROVISION IS IN THERE. OUR STAFF DID LOOK AT THE DOCUMENTATION THAT WAS PROVIDED TO SEE IF THEY DID MEET THE GOOD-FAITH EFFORT TEST, AND THEY DID PASS THAT. NOW, EVEN IF WE DISAGREE ON WHETHER OR NOT THAT WAS PROCEDURALLY HANDLED CORRECTLY, IT REALLY IS A MOOT ISSUE BECAUSE OF THE PRICE DIFFERENTIAL BETWEEN THESE TWO BIDS. THE COUNTY PURCHASING POLICY WAVES THE MBE PROVISION OR MBE REQUIREMENT IF THE DIFFERENTIAL BETWEEN THE TWO BIDS IS 15% OR $200,000. AND IN THIS CASE, IT'S $2.5 MILLION, SO IT REALLY -- IF YOU LOOK AT IT FROM THAT PERSPECTIVE, IT'S REALLY A NONISSUE BECAUSE OF THE DIFFERENTIAL. >>KEVIN WHITE: OKAY. I SEE THAT. AND IN THIS PARTICULAR BID -- I REMEMBER WE HAD AN ISSUE WITH PROCUREMENT ON ANOTHER CONTRACT THAT WE HAD PREVIOUSLY AS FAR AS THE SCORING. IN THIS PARTICULAR CONTRACT, WAS THERE SCORING CRITERIA, POINTS -- ADDITIONAL POINTS AWARDED FOR THE MBE PARTICIPATION ON THAT? >>GENE GRAY: YES, SIR. EACH BIDDER WAS ALLOWED UP TO 105 OR 110 -- CAN YOU ADDRESS THAT, LYNNE? >>LYNNE FILLMON: YES, LYNNE FILLMON, PROCUREMENT SERVICES. NO, THERE WAS NO SCORING ON THIS. IT WAS AN AWARD TO A LOW RESPONSIVE, RESPONSIBLE BIDDER MEETING SPECIFICATIONS. I THINK THE ONLY SCORING GENE IS TALKING ABOUT IS ON THE GOOD-FAITH EFFORTS QUESTIONNAIRE, THEY HAVE GOOD POINTS THEY ASSIGN THEM. IF THEY GET A 70, THEY PASS. IF THEY GET BELOW THAT, THEY DON'T PASS. THIS WAS STRAIGHT LOW BID, NO POINTS. >>KEVIN WHITE: I THINK I CAN SORT OF SEE MR. EVERS, I GUESS, HESITANCY, AND I'M TRYING TO GO -- YOU KNOW, WE HEAVILY RELY ON OUR STAFF RECOMMENDATION, AND I THINK HIS CONCERN -- AND I COULD BE WRONG -- AND BRIEFLY CORRECT ME IF I AM -- I THINK HE'S SAYING IT'S ALMOST TOO GOOD TO BE TRUE WITH THE PRICE BIDDING. >> WELL, AND IF I COULD, I'VE LIVED IN TAMPA BAY FOR 30 YEARS. WE KNOW THIS INDUSTRY IN AND OUT. I COULD NAME YOU THE VARIOUS MINORITY FIRMS FROM PRETTY MUCH TOP TO BOTTOM. WHEN YOU PUT A PROJECT OUT FOR BID, WE CAN MEET YOUR GOAL. ALL IT TAKES IS -- >>KEVIN WHITE: I'M NOT TALKING ABOUT THE MINORITY COMPONENT RIGHT NOW. I'M TALKING ABOUT PRICING. >> OH, I'M SORRY. BUT ON THE MINORITY SIDE, FOR CLARIFICATION, YOUR GOALS ARE ATTAINABLE. IT JUST REQUIRES A LEGITIMATE EFFORT. WE DID THAT AND THE MAJORITY OF THE BIDDERS ON THIS PROJECT DID IT. K & R HAS A 2.8% COMPARED TO A 13% GOAL. IF YOU DIG BELOW THAT, YOU WILL SEE THERE WERE PLENTY OF PEOPLE, LIKE THE FOLKS FROM MIAMI, WHO WERE READY, WILLING, AND ABLE TO PROVIDE MINORITY PRODUCTS AND SERVICES AT COMPETITIVE PRICES. AND UNFORTUNATELY -- AND IF YOU DECIDE TO GO THAT WAY, YOU KNOW, I'M VERY RESPECTFULLY STANDING IN FRONT OF YOU. WE UNDERSTAND. BUT YOU'RE SENDING A MESSAGE TO THE INDUSTRY THAT IT DOESN'T MATTER. >>KEVIN WHITE: THANK YOU, MR. EVERS. WITH THAT STATEMENT, I'M GOING TO SECOND COMMISSIONER HIGGINBOTHAM'S SUBSTITUTE MOTION THAT I BELIEVE WE CAN SEND THIS BACK TO STAFF FOR ONE LAST REVIEW, AND HOPEFULLY -- LIKE I SAID, ONE OF THE THINGS THAT I AM STAUNCHLY AND FERVENTLY IN AGREEMENT WITH IS TRYING TO MAINTAIN THE HIGHEST LEVEL OF MINORITY PARTICIPATION IN THIS COMMUNITY AS POSSIBLE, AND THAT IS THE GOAL THAT WE HAVE SET AS HILLSBOROUGH COUNTY POLICY, AND I WILL DO EVERYTHING I CAN TO MAKE SURE THAT THAT GOAL IS ATTAINED AT ITS HIGHEST LEVEL. >>KEN HAGAN: MS. BEAN, YOU WANT TO MAKE A COMMENT? >>PAT BEAN: YES, I WOULD JUST ASK THE BOARD IF YOU'RE GOING TO CONSIDER DEFERRING TO REMEMBER THAT THIS PROJECT IS ONE THAT'S LONG BEEN AWAITED. WE'D LIKE TO GET GOING. WE'VE GOT A VERY GOOD PRICE. I WOULD ASK YOU NOT TO DEFER IT ANY FURTHER THAN NEXT TUESDAY'S LAND USE. >>KEN HAGAN: COMMISSIONER FERLITA. >>ROSE FERLITA: MS. BEAN, THANK YOU FOR YOUR SUGGESTION; HOWEVER, I'M NOT GOING TO TAKE THAT SUGGESTION. I THINK WE'VE GONE THROUGH THIS LONG ENOUGH, AND I UNDERSTAND THE SITUATION ABOUT SOME PEOPLE HAVING A CONNECTED PHONE, DISCONNECTED PHONE, BUT I SEE THIS BIDDER WAS HERE, HE WAS AWARDED THE BID. THEY APPEAR TO BE ALIVE AN WELL. I AM NOT GOING TO SUPPORT THE SUBSTITUTE MOTION, AND I THINK MR. PRESSMAN HAD SPOKEN SHORTLY FOR MR. EVERS, AND I THINK THIS IS THE ATTORNEY FOR THE AWARDEE, AND HE OUGHT TO HAVE THE OPPORTUNITY FOR REBUTTAL. >> YES, THANK YOU. I APPRECIATE THE OPPORTUNITY. I AM AN ATTORNEY WORKING WITH KAMMINGA & ROODVOETS ON THIS ISSUE. TO ADDRESS COMMISSIONER NORMAN'S CONCERNS ABOUT HAS THE COUNTY'S ANALYSIS, THE LEGAL ANALYSIS, BEEN VETTED, I ASSURE YOU IT HAS. I AM A BOARD-CERTIFIED CONSTRUCTION LAWYER, WHICH MEANS THE FLORIDA SUPREME COURT APPARENTLY THINKS THAT I KNOW SOMETHING ABOUT CONSTRUCTION LAW ISSUES. THIS IS EXACTLY WHAT I DO. I HAVE HANDLED MANY, MANY, MANY BID PROTESTS, MANY ISSUES JUST LIKE THIS WHERE A DISGRUNTLED SECOND LOW BIDDER CAN'T BELIEVE THAT THE PRICES WOULD BE THAT LOW. THAT'S NOT THE LAW. A CONTRACTOR CAN SUBMIT WHATEVER PRICE HE WANTS AS LONG AS THAT'S WHAT THE PRICE HE'S GOING TO STAND ON. JUST BECAUSE HE HAS A LOWER PRICE THAN ANYONE ELSE DOESN'T MEAN IT'S UNBALANCED. THE STANDARD IS IS IT MATERIALLY UNBALANCED? AND THAT'S -- YOU DON'T HAVE THAT HERE. THE D.O.T. HAS LOOKED AT THIS, AND THIS IS WHAT THEY DO ALL THE TIME, TO FIND OUT IF A BID IS MATERIALLY UNBALANCED. AND IT'S MATERIALLY UNBALANCED IF THERE IS AN ERROR BY THE COUNTY IN THE QUANTITIES. AND YOU DON'T HAVE THAT HERE. ALL YOU HAVE HERE IS A VERY GOOD PRICE BY A VERY AGGRESSIVE CONTRACTOR WHO COMPLIED WITH THE RULES. AND THAT'S WHAT YOU SHOULD BE THINKING ABOUT HERE TODAY IS IN A COMPETITIVE BID SETTING LIKE THIS, IS IT AN EVEN PLAYING FIELD? IS IT A LEVEL PLAYING FIELD? IS EVERYONE BEING EVALUATED UNDER THE SAME SET OF RULES? THERE'S BEEN NO ALLEGATIONS HERE THAT KAMMINGA & ROODVOETS HAS RECEIVED PREFERENTIAL TREATMENT. THERE'S BEEN NO ALLEGATIONS THAT THE COUNTY HASN'T COMPLIED BY THE RULES. ALL YOU'RE HEARING IS WE'RE UPSET, PEPPER'S UPSET BECAUSE THEY DIDN'T GET THE CONTRACT BECAUSE SOMEONE BEAT THEM. THAT'S THE NATURE OF THE COMPETITIVE BID PROCESS. AND THERE'S BEEN NO ALLEGATIONS HERE THAT K & R CAN'T PERFORM. THEIR SURE HE HAS LOOKED AT IT. THEY'VE GOT A PERFORMANCE BOND GUARANTEEING THAT THE WORK WILL BE COMPLETED BY K & R. SO THERE'S BEEN NO ALLEGATIONS THAT THE COUNTY HASN'T APPLIED THE RULES EVENLY TO ALL OF THE PLAYERS, AND THE DBE ISSUE, IT'S -- THAT'S A RED HERRING BECAUSE K & R COMPLIED WITH THE RULES. YOUR OWN RULES SAY THAT IF THE PRICE IS SUFFICIENTLY LOW, THEN THE PERCENTAGES DON'T APPLY ANYMORE. THAT REQUIREMENT DOESN'T APPLY. AND THEY EXCEED THAT -- THAT DOLLAR VALUE BY FAR. AND THEY OBTAINED A PASSING SCORE UNDER THE COUNTY'S OWN DBE PROGRAM. PASSING SCORE IS 70. THEY GOT AN 85. BUT THAT DOESN'T MATTER BECAUSE THAT PROVISION DOESN'T APPLY HERE ANYMORE BECAUSE THEIR BID WAS THAT MUCH LOWER. THANK YOU. >>KEN HAGAN: THANK YOU, SIR. COMMISSIONER HIGGINBOTHAM, YOU WANT TO RESTATE YOUR MOTION? SUBSTITUTE MOTION? >>AL HIGGINBOTHAM: SUBSTITUTE MOTION WAS THAT WE SEND THIS BACK TO STAFF FOR ONE ADDITIONAL LOOK AND THE ADMINISTRATOR'S REQUESTED THAT WE BRING THIS BACK IN FOR A FINAL DECISION AT THE LAND USE MEETING, AND THAT WILL BE MY MOTION. >>KEN HAGAN: COMMISSIONER NORMAN. >>JIM NORMAN: MR. GORDON. IF -- HEARING THE TESTIMONY FROM THE FOLKS WHO WON THIS BID, THAT THEY CAN COMPLY, THEY WILL COMPLY, THEY WILL COMPLY, THEY WILL COMPLY, AND THEY WON'T COME BACK, THEY WON'T COME BACK. WALK ME THROUGH THE SCENARIO IF NONE OF THAT'S TRUE. >>BOB GORDON: IF THEY DON'T HONOR THEIR BID PRICES, THEN THAT'S A BREACH OF THE CONTRACT, AND WE'D BE WORKING WITH THE COUNTY ATTORNEY'S OFFICE. >>JIM NORMAN: WHAT'S THEIR BOND SAY? WHAT NONPERFORMANCE OF -- >>BOB GORDON: THE NONPERFORMANCE OF THE CONTRACT, YOU COULD GO BACK UNDER SURETY, BUT -- >>RENEE LEE: THEY'VE POSTED A BOND FOR THIS, COMMISSIONER, AND THAT BOND CAN BE CALLED IF THEY BREACH THE CONTRACT, THEY CAN'T COMPLETE IT, OR THERE'S SOMETHING THAT HAPPENS HERE. SO I MEAN, I THINK WE'RE SECURED WITH THAT SURETY. THE SURETY WOULD EVEN REPLACE THE CONTRACTOR IN SOME INSTANCES. >>JIM NORMAN: OKAY. >>KEN HAGAN: OKAY. WE'VE GOT A SUBSTITUTE MOTION BY COMMISSIONER HIGGINBOTHAM FOR COUNTY STAFF TO TAKE ANOTHER LOOK AT IT AND BRING BACK TO OUR LAND USE MEETING ON TUESDAY, SECOND BY COMMISSIONER WHITE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION FAILED 3-4. COMMISSIONERS FERLITA, HAGAN, NORMAN, AND SHARPE VOTED NO. >>KEN HAGAN: BACK TO THE ORIGINAL MOTION BY COMMISSIONER FERLITA, SECOND COMMISSIONER SHARPE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: PLEASE RE-RECORD YOUR VOTES. MOTION CARRIED 4-3. COMMISSIONERS BECKNER, HIGGINBOTHAM, AND WHITE VOTED NO. >>KEN HAGAN: OKAY. NEXT ITEM. >>PAT BEAN: THE ONLY OTHER THING LEFT, COMMISSIONERS, IS IF YOU HAVE ANY FUTURE ISSUES THAT YOU WANT TO IDENTIFY AT THIS POINT. AND I DON'T KNOW IF YOU INTEND NOW TO TAKE ANY FURTHER PUBLIC COMMENT. THERE WERE PEOPLE HERE THIS MORNING WHO DIDN'T GET TO SPEAK. >>MARK SHARPE: YES, MA'AM. WE HAVE A NUMBER OF PEOPLE WHO HAVE PUBLIC COMMENT, AND I WANT TO ENSURE EACH AND EVERY INDIVIDUAL THAT WE ARE GOING IN THE ORDER IN WHICH WE RECEIVED THE REQUESTS TO SPEAK. THE NEXT SPEAKER WOULD BE OSCAR DEAN WINDHAM AND THEN DEREK SHOMBLAY AND BRIAN REHNQUIST. >> GOOD EVENING, LADIES AND GENTLEMEN. I THANK YOU FOR TAKING THIS TIME TO HEAR MY COMPLAINT. >>PAT BEAN: SPEAK INTO THE MIC. PIQUE IT HAS TO DO WITH BEING UNFAIRLY, I THINK -- >> SIR, WOULD YOU PLEASE IDENTIFY YOURSELF. >> OSCAR DEAN WINDHAM. I OWN THE PROPERTY AT BEARSS AND 148th AVENUE EAST. IT'S ON THIS PROPERTY THAT I THINK I HAVE BEEN UNFAIRLY CITED FOR CODE ENFORCEMENT FOR THE DISPLAY OF SIGNS ON MY SIX-FOOT WOODEN FENCE, WHICH WAS MANDATED BY THIS BOARD. AND I'VE TALKED WITH THE CODE ENFORCEMENT PERSONNEL, AT LEAST SIX DIFFERENT PEOPLE, ASKING THEM TO RECONSIDER AND TO WITHDRAW THE CITATION THAT THEY'VE ISSUED ME, AND THEY REFUSE SAYING THAT THE SIGN THAT I HAVE UP IS A BANNER, AND IT CAN ONLY BE USED FOR 30 DAYS FOR TWO PERIODS OF 30 DAYS WITHIN ONE YEAR, AND THEN IT HAS TO BE REMOVED, AND THEY WANT ME TO GO GET A PERMIT FOR $180. AND MY REPLY TO THEM IS THAT IT'S A LEGAL SIGN. EVEN THOUGH IT'S MADE OF VINYL. AND I WANT TO LEAVE MY SIGN UP. AND THEY'RE JUST BEING UNREASONABLE, AND I HAVE WRITTEN A LETTER OUT AND GIVEN A COPY TO EACH COMMISSIONER WITH THE RECEPTIONIST THIS MORNING IN A SIMILAR FOLDER TO THIS WITH PICTURES TO SHOW WHAT I'M TALKING ABOUT, AND I'D APPRECIATE IF YOU FOLKS WOULD TAKE A LOOK AT IT AND DO SOMETHING ABOUT THIS ORDINANCE FOR BEING IN VIOLATION OF SIGN ORDINANCE BECAUSE AFTER I WAS CITED, I STARTED TAKING A LOOK AROUND AT ALL MY NEIGHBORS, AND I'VE NOTICED THAT PRACTICALLY 100% OF EVERY BUSINESS IN HILLSBOROUGH COUNTY IS IN VIOLATION OF THESE ORDINANCES, WHEN I, IN FACT, AM NOT IN VIOLATION OF THIS ORDINANCE. AND IT'S JUST -- IT'S JUST NOT FAIR. SO I'M HOPING YOU FOLKS WOULD TAKE A LOOK AT THIS, AND I INTEND TO MAKE AN APPOINTMENT WITH KEN HAGAN, WHO IS IN MY DISTRICT, AND TALK TO HIM PERSONALLY ABOUT THIS. IS SMALL POTATOES, A NUISANCE COMPARED TO THE IMPORTANT BUSINESS YOU PEOPLE ARE TAKING CARE OF. I UNDERSTAND THAT. BUT IT HAS THE POTENTIAL TO OVERWHELM MY TIME, AND IF EVERYBODY IS CITED AS I WAS WHO IS IN VIOLATION RIGHT NOW, YOU CAN HAVE A LOT OF PEOPLE HERE. >>JIM NORMAN: COMMISSIONER, I'LL REFER THAT OVER FOR A SECOND LOOK. I'M SORRY. JUST A FACT, REFER IT OVER FOR A SECOND LOOK. WE TRY TO TAKE THAT EXTRA MILE FOR SMALL BUSINESS, AND THE FACT -- HAVE THEM LOOK AT THE SITUATION AND SEE IF THERE'S ANYTHING THAT COULD BE DONE. >>AL HIGGINBOTHAM: COMMISSIONER FERLITA. >>ROSE FERLITA: JUST A SECOND WITH A COMMENT. SIR, SOMETIMES YOU'LL LOOK AROUND AND SEE OTHER PEOPLE DOING THE SAME THING YOU'RE DOING. BECAUSE STAFF HAS BEEN CUT BACK, SOMETIMES THIS IS ONLY COMPLAINT DRIVEN, LIKE IF SOMEBODY COMPLAINED ABOUT YOURS BUT DOWN THE STREET THEY ARE DOING THE SAME THING. I'M NOT SAYING THAT'S A FAIR PROCESS. I'M JUST SAYING IT HAPPENS SOMETIMES. AND JUST TO SET YOUR MIND AT EASE, BECAUSE YOU TOOK YOUR TIME TO COME HERE, REGARDLESS OF WHETHER THE GUY BEFORE YOU'S ISSUE WAS BIGGER, FINANCIALLY, WHATEVER, DOESN'T MATTER. YOU HAVE THE RIGHT TO BE HEARD, AND THAT'S WHY WE'RE HERE. IT IS A NUISANCE FOR YOU. AS A SMALL BUSINESS, BELIEVE ME, I APPRECIATE THAT. HOPEFULLY THEY'LL TAKE ANOTHER LOOK AND COME UP WITH SOMETHING THAT'S SUITABLE TO YOU. >> YES, MA'AM. JUST ONE MORE, IF I MIGHT RESPOND TO YOUR COMMENTS, THAT'S AN EXCUSE THEY'RE USING BECAUSE THEY ARE SAYING THIS PHANTOM PERSON IS CALLING IN. NOBODY HAS TO LEAVE THEIR NAME AND PHONE NUMBER. >>ROSE FERLITA: NO, IT CAN BE ANONYMOUS. >> SO THERE'S NO WAY OF KNOWING IF ANYONE CALLED IN OR NOT. >>ROSE FERLITA: I UNDERSTAND, BUT -- >> SOME OF THE IMPETUS FOR ME COMING HERE, IT SEEMS TO BE THAT CODE ENFORCEMENT HAS SOMEWHAT OF A VENDETTA OR EVEN PERSONAL AGENDA WHEN IT COMES TO MY PROPERTY. >>ROSE FERLITA: WELL, I DON'T KNOW THAT, SIR, AND I DON'T WANT TO MAKE ACCUSATIONS OR AGREEMENTS OR SOMETHING I DON'T KNOW, BUT I WILL TELL YOU THAT BECAUSE THIS BOARD OF COUNTY COMMISSIONERS, WHO HAPPENS TO BE THE BOARD THEY ANSWER TO, IF WE'RE TELLING THEM TO LOOK AT IT AGAIN, I'M PRETTY COMFORTABLE THAT THEY'RE GOING TO GIVE IT AN OBJECTIVE LOOK. LET'S GIVE IT A SHOT AND SEE WHERE WE GO. >> THANK YOU VERY MUCH. DEREK CHAMBLEE, BRIAN REINHARDT. >> DEREK SHOMBLAY. I'M THE ORGANIZER OF THE HOMELESS NETWORK, AT LARGE. I'D LIKE TO -- ONCE AGAIN, I'M HERE TO TALK ABOUT THE SYSTEMATIC TRESPASSING OF THE HOMELESS FROM PUBLIC PARKS AND PUBLIC STREETS. THE HOLY SPIRIT SPEAKS THROUGH THE APOSTLE PAUL IN THE LETTER TO THE ROMANS IN THE 13th CHAPTER ABOUT BEING SUBJECT TO THE POWERS THAT BE, THE HIGHER POWERS, BECAUSE THEY ARE MINISTERS OF GOD. AND NOT TO RESIST THESE HIGHER POWERS, MAN, BECAUSE THEY'RE MINISTERS OF GOD, AND TO DO GOOD. HOWEVER, IN TALKING TO THE HOMELESS AND OBSERVING THESE THINGS MYSELF, I DO BELIEVE THAT WE SHOULD BE ALLOWED, IN THE UNITED STATES OF AMERICA, PASSIVE RESISTANCE, NONVIOLENT RESISTANCE, CIVIL DISOBEDIENCE. AND IF THESE THINGS PERSIST -- AND I HAD ABOUT A 20-MINUTE CONVERSATION WITH THE CHIEF OF POLICE LAST WEEK -- THAT SOMETHING'S GOING TO HAVE TO BE DONE. I DON'T KNOW IF WE'RE GOING TO RESORT TO DRAGGING STUDENTS FROM THE UNIVERSITY OF TAMPA OUT OF MASSEY PARK FOR FEEDING THE PEOPLE ON SUNDAYS, AS MAYOR IORIO DID IN 2004. I HAVE YIELDED, IN MY OWN PERSONAL LIFE, FOR THE THINGS THAT I FEEL ARE RIGHT TO STAND FOR BY GOING TO JAIL 26 TIMES, 18 CASES. IT TOOK ME ALMOST SEVEN YEARS TO WIN MY FREEDOM FOR MY VOLUNTEER WORK WITH THE HOMELESS. AND I'M VERY, VERY TROUBLED BY THESE THINGS TODAY. I WOULD SUGGEST THAT YOU LOOK INTO THE FEDERAL STIMULUS MONEY THAT'S COMING DOWN THE PIPELINE AND FIND SOME SORT OF CREATIVE WAY, FOR INSTANCE, TO OPEN UP THESE CONDO TOWERS AND APARTMENT TOWERS THAT HAVE BEEN BUILT THROUGHOUT CHANNELSIDE AND DOWNTOWN AS WELL AS THE FORECLOSED PROPERTIES, BECAUSE FOR EVERY ONE OF THE 10,000 HOMELESS THAT YOU SEE ON THE STREETS, IN THE WOODS, PERHAPS IN HILLSBOROUGH COUNTY, THERE MUST BE AT LEAST 10,000 FAMILIES ON THE BRINK OF HOMELESSNESS. LOOK INTO SOME SORT OF FEDERAL EMINENT DOMAIN BECAUSE THE FEDERAL GOVERNMENT HAS BAILED OUT MANY OF THESE FINANCIAL INSTITUTIONS, THE BANKS, THAT IN TURN ARE HOLDING THE BAD PAPER FROM THE DEVELOPERS THAT HAD LED US TO THE ABYSS. BUILD IT AND THEY WILL COME. THEY'RE EMPTY, EMPTY, EMPTY. LOOK INTO SOME SORT OF SOLUTION ON A FEDERAL, STATE, COUNTY, AND CITY LEVEL TO HOUSE THE PEOPLE. IT'S TIME TO BAIL OUT THE PEOPLE. GOD BLESS AMERICA, AND IF WE HAVE TO, WE WILL RESIST BECAUSE I BELIEVE THAT GOD IS THE HIGHEST POWER. HE'S ON THE SIDE OF THE POOR. THANK YOU VERY MUCH. >>MARK SHARPE: THANK YOU, DEREK. THANK YOU VERY MUCH. NEXT SPEAKER, WE HAVE BRIAN REINHARDT -- BRIAN, OKAY. >> THANK YOU VERY MUCH FOR THIS OPPORTUNITY. MY NAME IS BRIAN REINHARDT, 57 STREET, TAMPA. I ALSO WORK WITH THE HOMELESS NETWORK, BUT I'M NOT GOING TO SPEAK TO THE ISSUES DEREK DID. I WANT TO GIVE YOU THE PICTURE OF THE HOMELESS AND WHAT THESE PEOPLE ARE DEALING WITH EVERY DAY. THESE ARE -- IF YOU SHOULD FIND YOURSELF HOMELESS TOMORROW, YOUR ONLY OPTION IS THE SALVATION ARMY. WE QUASHED THE SHELTERS, AND I THINK THAT WAS A GOOD. I DON'T THINK WE NEED MORE SHELTERS. WE HAVE A SHELTER CALLED THE SALVATION ARMY. RIGHT NOW IT'S RUNNING AT ABOUT 60% CAPACITY. THE HOMELESS PEOPLE DON'T WANT TO GO THERE BECAUSE IT'S DIRTY. THERE ARE COCKROACHES. THERE ARE MICE OR RATS. YOU DON'T SEE THEM EVERY DAY, BUT THEY'RE THERE. THERE'S A PROBLEM WITH PEOPLE STEALING. NOW, YOU SAY TONIGHT YOU WENT TO THE SHELTER, TOMORROW YOU HAVE TO LEAVE AT 6:00 A.M. WHAT DO YOU DO FOR THE REST OF THE DAY? YOU HAVE TO CARRY YOUR STUFF AROUND ON THEIR BACK. THAT'S WHY YOU SEE THESE PEOPLE ALL OVER THE STREETS WITH THEIR BACKPACKS. THEY HAVE NOWHERE TO GO. YOU WANT TO LOOK FOR A JOB. YOU'RE NOT GOING TO FIND A JOB WITH A BACKPACK. YOU'RE NOT GOING TO FIND A JOB -- I DON'T KNOW ANYBODY WHO WILL HIRE SOMEBODY WHO DOESN'T HAVE AN ADDRESS. AFTER FIVE DAYS, THAT'S YOUR FREE TIME. NOW YOU HAVE TO GET A REFERRAL TO GO TO THE HOMELESS NETWORK, AND THEY ARBITRARILY -- NO, HOMELESS RECOVERY -- THEY ARBITRARILY DECIDE HOW MANY DAYS YOU'RE GOING TO GET. SOME GET 5, SOME GET 15, SOME GET 30. THERE ARE REQUIREMENTS. YOU HAVE TO GO APPLY FOR 20 JOBS, WHICH ISN'T FAIR. ON THIS JOB SEARCH, THE MERCHANTS OR BUSINESSES YOU GO TO, THEY ARE REQUIRED TO SIGN THAT. THESE PEOPLE REFUSE TO DO IT BECAUSE THEY'VE BEEN DELUGED BY SO MANY HOMELESS PEOPLE AND PEOPLE LOOKING FOR JOBS, AND THEY JUST DON'T WANT TO DO IT. THEY DON'T HAVE THE TIME. SO THEN AFTER THIS PERIOD, WHERE ARE YOU? YOU'RE BACK ON THE STREET. THIS JUST ISN'T RIGHT. FRANKLY, I THINK HILLSBOROUGH COUNTY BOARD OF CORRECTIONS TREATS THEIR PEOPLE, THE INMATES -- THESE WERE THE PEOPLE THAT WERE TAKEN PRETTY MUCH AGAINST THEIR WILL -- WITH MORE RESPECT AND DIGNITY THAN THEY ARE BEING TREATED DOWN HERE AT THIS SHELTER. THAT'S ALL I REALLY HAVE TO SAY. IT'S WORTH LOOKING INTO. I'M ASKING FOR SOME ACCOUNTABILITY. THE HOMELESS RECOVERY. THAT'S YOUR TAX DOLLARS. THOSE VOUCHERS ARE PAID FOR BY HILLSBOROUGH COUNTY. OKAY? WE SHOULD LOOK AT WHAT'S BEING DONE. YOU KNOW? THERE'S NO ACCOUNTABILITY. AND I THINK IT'S INCUMBENT UPON THE GOVERNMENT TO MAKE SURE THAT THESE DOLLARS ARE GOING TO THE RIGHT PLACE AND THESE PEOPLE ARE BEING PROPERLY CARED FOR. THANK YOU VERY MUCH. >> THANK YOU, BRIAN, AND WE'LL MAKE SURE THAT WE TAKE YOUR CONCERNS TO THE HOMELESS COALITION AS WELL. THANK YOU, SIR. THE NEXT SPEAKER I BELIEVE, LAST NAME IS THOMAS. I'M NOT SURE WHAT THE FIRST NAME IS, PAMELA OR PAM THOMAS? MARIA HERNANDEZ. AND THEN ALSO CAROL CARDELL. I BELIEVE CAROL HAS LEFT. ELIZABETH BELCHER IS NEXT. VIVIAN BACCA. AND MARK WANICH. IS THIS MARIA? OH, ELIZABETH. YES, MA'AM. AND IS THIS MS. THOMAS? [OFF MICROPHONE] >>MARK SHARPE: YOUR NAME IS. >> MARIA HERNANDEZ. FIRST OF ALL, I DON'T SEE ANYTHING FUNNY ABOUT THIS SITUATION, MR. NORMAN. IS A BIG PROBLEM. OF COURSE, THERE'S A LOT OF PEOPLE WHO STILL HAVE THEIR HOMES, STILL HAVE JOBS THAT JUST DON'T UNDERSTAND THE SITUATION. THEY'VE NEVER BEEN THROUGH IT BEFORE. I'M ASSUMING YOU THINK IT'S FUNNY. >>JIM NORMAN: [OFF MICROPHONE] >> I SAW YOU TURN YOUR HEAD AND IT LOOKED LIKE YOU WERE LAUGHING AT IT OR SOMETHING. ANYWAY, LET ME GET TO THE MATTER AT HAND HERE. YOU KNOW, WE ARE REALLY -- OBVIOUSLY, WE ALL KNOW THAT THERE IS A BIG PROBLEM WITH HOMELESS. OKAY? IT COULD BE ANYBODY IN YOUR FAMILY, ANYBODY. OKAY? THESE PEOPLE NEED HELP. OKAY? NOW, EXACTLY WHAT DEREK SAID, I THINK THOSE ARE GOOD IDEAS, LOOK AT THE HALF-EMPTY BUILDINGS THAT I JUST WORKED ON WITH ATLAS COMFORT SYSTEMS. YOU KNOW, THEY'RE BARELY FILLED UP. YOU KNOW WHAT I MEAN? AND ANOTHER -- ANOTHER THING IS IS LIKE I SAID LAST TIME, THE ACCOUNTABILITY OF THESE PROGRAMS THAT ARE SUPPOSEDLY HELPING PEOPLE WHO ARE LOOKING FOR ASSISTANCE. I'M ONE OF THEM LOOKING FOR ASSISTANCE, AND THEY PUT YOU THROUGH A RAT MAZE, AND YOU CAN'T GET ANY HELP. AND WHEN YOU DO GET HELP, IT'S SORT OF LIKE, YOU KNOW, HALF HELP. YOU KNOW WHAT I MEAN? SO THE ACCOUNTABILITY OF THESE PEOPLE GETTING MY TAX DOLLARS WHEN I'M WORKING, IF I'M NOT LAID OFF, YOUR TAX DOLLARS, WHERE IS THIS MONEY GOING WHEN PEOPLE ARE LOOKING FOR HELP? YOU KNOW, THERE'S LIKE A SECTION 8, YOU'VE GOT THE HUD AND ALL THIS STUFF. THERE'S LIKE FIVE-, SIX-, EIGHT-YEAR WAITING LIST FOR SECTION 8 IF YOU GET TO THAT POINT WHERE YOU NEED HELP WITH HOUSING. AND YOU KNOW, LIKE THE HUD HOUSING OR THE -- I'M NOT TOO FAMILIAR WITH ALL THAT. I'VE NEVER BEEN THROUGH IT BEFORE, BUT I'M LEARNING AS A GO. THERE'S LIKE A TWO-YEAR WAITING LIST FOR THE REGULAR HOUSING PROJECTS. AND IT'S BASICALLY A RAT MAZE, THE 211 LIST. I'M ASKING YOU GUYS, PLEASE, SOMEBODY HAVE SOME SORT OF COMPASSION AND UNDERSTANDING TO HELP PEOPLE WHO REALLY DO, YOU KNOW, WANT TO WORK. YOU KNOW, THERE ARE PEOPLE THAT REALLY WANT TO WORK. ALL OF THEM AREN'T DRUG ADDICTS. JUST PLEASE LOOK INTO THIS. YOU KNOW, WE NEED SOME HELP OUT THERE. YOU KNOW, THERE'S MORE AND MORE PEOPLE LOSING THEIR JOBS, AND THEY'RE GOING TO BE IN THIS SITUATION, PEOPLE THAT USED TO BE IN THE BUILDINGS, YOU KNOW, THAT HAVE THE, YOU KNOW, PRESTIGIOUS CAREERS. YOU UNDERSTAND, THERE'S A FEW OF MINE THAT ARE FRIENDS AND THEY'RE HOMELESS RIGHT NOW. OKAY? SO PLEASE LOOK INTO THIS. I APPRECIATE YOUR TIME. >>MARK SHARPE: THANK YOU, MA'AM. I WANT YOU TO KNOW THAT EACH OF THE BOARD MEMBERS DOES TAKE THIS SERIOUSLY. THERE WAS NO REACTION TO ANY COMMENTS REGARDING THE HOMELESS ISSUE. >> YES, SIR. THANK YOU. >>MARK SHARPE: THANK YOU, MA'AM. ELIZABETH BELCHER, VIVIAN, THEN MARK WANICH. >> GOOD AFTERNOON. MY NAME IS ELIZABETH BELCHER. I'M FROM SEFFNER, FLORIDA. PER FLORIDA STATUTES, GOVERNMENT PROPERTY MAY BE SOLD TO A FOR-PROFIT CORPORATION IF THE SALE IS OPEN FOR PUBLIC BIDDING. GOVERNMENT PROPERTY MAY NOT BE SOLD WITHOUT PUBLIC BIDDING TO EITHER ANOTHER GOVERNMENT -- EXCUSE ME. GOVERNMENT PROPERTY MAY BE SOLD WITHOUT PUBLIC BIDDING TO EITHER ANOTHER GOVERNMENT ENTITY OR A NONPROFIT CORPORATION. A FOR-PROFIT CORPORATION FCGE -- I'LL CALL IT FC -- HAS APPROACHED THE COUNTY WITH A PROPOSAL TO PURCHASE CONE RANCH. FC IS A FOR-PROFIT CORPORATION. THEREFORE, FOR FC TO PURCHASE CONE RANCH, IT MUST BE OPEN TO THE PUBLIC BIDDING. INSTEAD OF FOLLOWING THE LAW, FC IS PROPOSING TO SELL CONE RANCH TO A NOT-YET-CREATED NONPROFIT LAND TRUST, WHICH FC WILL CREATE IN THEIR BEST INTEREST, WITH NO INPUT FROM THE COUNTY OR ANY REGULATORY BODY. DURING THE CONE RANCH ADVISORY BOARD MEETING, A COUNTY EMPLOYEE WAS ASKED ABOUT THE BIDDING PROCESS. THE ONLY THING THAT SHE SAID WAS WHAT I JUST SAID. SHE REPEATED IT. FOR-PROFIT COMPANIES, OPEN BIDDING; NONPROFIT, NO BIDDING. ISN'T IT ILLEGAL TO CREATE A NOT-FOR-PROFIT ORGANIZATION SOLELY FOR THE BENEFIT OF A FOR-PROFIT CORPORATION TO CIRCUMVENT THE FLORIDA STATUTES TO PURCHASE PUBLIC LAND? SHOULDN'T THE EMPLOYEE HAVE HAD A RESPONSIBILITY TO COMMENT ON THE OBVIOUS QUESTION OF WHETHER WHAT FC WAS PROPOSING IS LEGAL? APPARENTLY NOT. SO I'M HERE TODAY TO ASK BOCC TO ASK THE COUNTY ATTORNEY'S OFFICE FOR LEGAL ADVICE ON WHETHER IT IS ILLEGAL FOR FC TO CREATE A NONPROFIT ORGANIZATION TO EVADE OPEN PUBLIC BIDDING. IS THIS A CRIMINAL OCTOBER OR A CIVIL VIOLATION? WHETHER THIS IS A CRIMINAL VIOLATION OR A CIVIL VIOLATION, IF THE BOCC KNOWINGLY -- AND NOW YOU KNOW THE ISSUE -- GOES AHEAD AND ALLOWS FC TO PURCHASE THE LAND BY A NONPROFIT, IS BOCC MEMBERS PUTTING THEMSELVES IN A SITUATION WHEREBY THEY ARE ACCESSORIES AND CAN FACE CRIMINAL AND/OR CIVIL PENALTIES? HEAVEN KNOWS THAT THE COUNTY AND ITS CITIZENS CANNOT AFFORD ANOTHER CIVIL LAWSUIT. THANK YOU. >>MARK SHARPE: THANK YOU, MA'AM. AND WE'LL REFER THAT QUESTION OVER TO THE COUNTY ATTORNEY. YES, MA'AM, THANK YOU, AND WOULD YOU BE WILLING TO RESPOND TO MS. BELCHER? >> WE HAVE YOUR NAME AND NUMBER. >>MARK SHARPE: THANK YOU, MA'AM. VIVIAN. EXCUSE ME. MR. WANICH, AND THEN MR. EDWARDS, ROBERT EDWARDS OUR NEXT SPEAKER. >> VIVIAN BACCA, 1413 EL GRECO DRIVE IN BRANDON. B-6, WHICH YOU'VE ALREADY VOTED ON, WE HAVE A REGIONAL WATER AUTHORITY. IT'S CALLED TAMPA BAY WATER. AND HOW'S THAT WORKING FOR YOU? YOU KNOW, WE HAVE TWO REPRESENTATIVES ON TAMPA BAY WATER, AND YET SOMEHOW IT SEEMS LIKE EVERY TIME I TURN AROUND, COMMISSIONER NORMAN'S COMPLAINING THAT WE'RE THE DONOR COUNTY FOR EVERYTHING FOR TAMPA BAY WATER. SO I AM SERIOUSLY CONCERNED THAT WE'RE TALKING ABOUT COMMITTING $400,000 FOR A STUDY WHICH, OH, YEAH, WELL, WE'RE NOT REALLY PAYING FOR THIS BECAUSE IF WE DO THIS, WE'RE GOING TO GET THE MONEY BACK WHEN WE DO ALL THIS REFINANCING, BUT WHAT IF WE DON'T DO THIS? WHAT IF PEOPLE REALLY DON'T LIKE THE IDEA? IT'S STILL $400,000. AND NOBODY'S MENTIONED THE BONDHOLDERS. NOW, I'VE BEEN COMING DOWN HERE PRETTY REGULARLY FOR ABOUT THREE YEARS, AND UNTIL RECENTLY, I REALLY THOUGHT THAT, YOU KNOW, IT WAS THE TAXPAYER, THEN THE COMMISSIONER, THEN THE COUNTY ADMINISTRATOR. BUT NOW IT'S REALLY ALL ABOUT THE BONDHOLDERS. THEY OWN US. AS HILLSBOROUGH COUNTY WATER RESOURCE SERVICES UTILITY ENTERPRISE AND CONE RANCH FAX MEMO NOVEMBER 2nd, 2009, TALKING ABOUT ENTERPRISE ASSETS. EVERY ENTERPRISE ASSET IS SUBJECT TO THE COVENANTS OF ANY OUTSTANDING ENTERPRISE BONDS, WHETHER OR NOT ACQUIRED DIRECTLY WITH THOSE BONDS. IF THE ENTERPRISE REDEEMED ALL OF ITS OUTSTANDING BONDS AND SUBSEQUENTLY ISSUED NEW BONDS TO FINANCE AN EXPANSION OF ANY PORTION OF ITS SYSTEM, ALL EXISTING ENTERPRISE ASSETS WOULD TYPICALLY BE SUBJECT TO THE COVENANTS OF THE NEW BOND. SO IT SOUNDS LIKE RATHER THAN HAVING YOUR MORTGAGE TIED TO YOUR HOUSE AND YET YOU HAVE THE CONDO IN VEGAS, IT'S LIKE EVERY TIME YOU'RE GETTING A REFINANCING OF BONDS FROM YOUR ENTERPRISE, THEY'RE NOT ONLY LOOKING AT YOUR INCOME AND YOUR MORTGAGE AND YOUR CONDO IN VEGAS. SO WHAT IT MEANS TO ME IS THAT, FIRSTLY, IF WE DID DECIDE TO HAVE THIS BIG KUMBAYA UTILITY COMPANY, THE BONDHOLDERS, WOULDN'T THEY WANT EVERYTHING TO BE REFINANCED FOR THOSE KINDS OF BONDS WITH THAT ENTERPRISE RESOURCES? SO I THINK IT'S AT LEAST 2% MINIMUM FINANCING COST FOR BONDS, AND IS THIS LIKE A BILLION DOLLARS OF ASSETS? THAT'S A PRETTY BIG NUMBER, AND YET, YOU KNOW, WE'VE GOT TO SPEND $400,000 TO FIGURE OUT THAT IT'S GOING TO COST US A LOT OF MONEY. AND YOU KNOW, POSSIBLY THERE WILL BE SAVINGS, AND THAT'S ANOTHER ISSUE. I ALSO THINK THAT PART OF THE -- WELL, NEVER MIND. >>MARK SHARPE: THANK YOU, VIVIAN. SEE YOU AT THE NEXT MEETING. MARK WANICH, ROBERT EDWARDS -- MR. EDWARDS. >> GOOD AFTERNOON, BOARD MEMBERS. BEFORE I GET STARTED, I SAW SOMETHING TODAY THAT WAS VERY DISTURBING. I CAME IN THIS MORNING AND SIGNED IN AT 8:50 A.M. I'VE SEEN AT LEAST SEVEN PEOPLE THAT HAVE SPOKE THAT CAME IN AFTER ME. I DON'T THINK IT SHOULD BE MANIPULATED LIKE THAT. IT'S UNFAIR TO CONSTITUENTS WHO YOU MAY OPPOSE THEM BECAUSE THEY OPPOSE THE RAIL TAX OR WHATEVER, BUT I CAN ASSURE YOU, I DO MY HOMEWORK, AND TEN PEOPLE PASSED ME TODAY THAT WERE OUTSIDE TALKING WHILE I WAS IN HERE BEFORE YOU EVEN HONORED THE LITTLE LEAGUE TEAM THIS MORNING. THAT'S NOT RIGHT. BUT BESIDES THAT, LET ME GO ON TO WHAT I WANTED TO TALK ABOUT, AND THAT'S ON THE TASK FORCE RECOMMENDATION. IT'S CLEAR TO ME -- AND I'M GLAD I SAW THE REST OF IT TODAY AT HOME -- THAT THIS VOTE REALLY SHOULD BE DEFERRED TO 2012 IN ORDER TO FRAME AND CONSTRUCT THE FIRST-CLASS ALL TRANSPORTATION SYSTEM WITH ALL CITIZENS OR AT LEAST AN OVERWHELMING PERCENTAGE OF THE COMMUNITY TO MAKE IT WORK. LET ME SUGGEST SOME THINGS TO YOU. FIRST OF ALL, YOU SHOULD ALLOCATE -- IF YOU HAVE TO ALLOCATE -- A ONE-HALF-CENT SALES TAX RATHER THAN A FULL SALES TAX PENNY. THE FIRST FIVE YEARS 50% SHOULD BE GOING TO IMPROVING THE EXISTING BUS LINE, 25% NONTRANSIT, 25% RAIL. YEAR FIVE THROUGH TEN, 25% NONTRANSIT, 40% BUS IMPROVEMENTS, 35% LIGHT RAIL. I RECOMMEND YEAR 10 THROUGH 15 25% NONTRANSIT, 37.5% BOTH SYSTEM AND RAIL. WHAT'S HAPPENING HERE, THIS WILL PROBABLY BE THE FIRST TIME THAT NONSUBURBAN RURAL VOTERS AND INNER-CITY MINORITY VOTERS WILL COME TOGETHER ON A CONSENSUS TO DEFEAT THIS ISSUE BECAUSE NO MATTER HOW YOU LOOK AT IT FROM THE TRANSPORTATION TASK FORCE AND EVERYTHING ELSE, THIS ISSUE IS ABOUT THE RAILS. AND WHAT IS VERY CONCERNING TO ME IS THAT THERE'S BEEN A CONCERTED EFFORT BY THE LEADERS OF THIS MOVEMENT TO SILENCE PEOPLE WHO ARE IN OPPOSITION, WHETHER IT'S FOR THE SALES TAX OR WHATEVER. AND I DON'T THINK COUNTY COMMISSIONERS WHO ARE ADVOCATING THIS RAIL THING SHOULD BE IN A POSITION TO TRY TO, WITH INTIMIDATION OR WHATEVER, SILENCE THOSE OF US WHO OPPOSE THE ISSUE ON ITS MERITS. NOW, I'VE BEEN PERSONALLY AFFECTED BY THAT, AND I HAVE OTHERS WHO WON'T EVEN SHOW UP TO COUNTY COMMISSIONERS FOR THAT. LET ME SUGGEST SOMETHING TO YOU. GO BACK AND REVIEW HARTLINE WHEN IT WAS FIRST PUTTING UP THE MARION STREET TRANSIT. THE COST OVERRUN, THE PROMISES THEY MADE, AND ALL LIKE THAT. GO BACK, AND THEN YOU'LL KNOW WHAT I'M TALKING ABOUT. BUT I ASK OF YOU, OUT OF CIVIL LIBERTY, IF YOU DISAGREE WITH ME, YOU OUGHT TO AFFORD ME THE OPPORTUNITY TO DISAGREE BACK WITH YOU. YOU OUGHT TO SHUT DOWN NOBODY BECAUSE RIGHT NOW WE'RE NOT INTERESTED IN THE WAY IT'S PRESENTLY CONSTRUCTED THE PROPOSED RAIL PLAN, AND CERTAINLY NO COMMISSIONER SHOULD BE IN THE POSITION TO DO THAT OR ENABLE THOSE WHO SUPPORT HIM TO TRY TO KEEP PEOPLE FROM TALKING AS A PUBLIC CITIZEN. AND I'M NOT JUST TALKING ABOUT HERE BUT ON OTHER CASES. THAT'S JUST NOT RIGHT. >>MARK SHARPE: THANK YOU, MR. EDWARDS, AND YOU'RE ABSOLUTELY RIGHT, YOU SHOULD HAVE EVERY OPPORTUNITY TO SPEAK, AND I APPRECIATE THAT, SIR. KELLY CORNELIUS, PAM CLOUSTON, JUDY JAMES, JEANINE BLAKE I BELIEVE IT IS, CHRISTOPHER CANO, MARILYN SMITH -- MS. SMITH. AND MICHELLE WILLIAMS. >> GOOD AFTERNOON. I'M GOING TO MAKE THIS QUICK. THERE'S SOME PERTINENT ISSUES THAT NEED TO BE ADDRESSED. MARILYN SMITH, GRANDMOTHER-AT-LARGE. FOR THOSE OF YOU WHO HAVEN'T BEEN AROUND VERY LONG, LET ME JUST REFRESH YOUR MEMORY ABOUT A $600,000 STUDY CALLED [INDISCERNIBLE] STUDY. REMEMBER THAT, JIM? IT'S ON THE SHELF STILL AND NEVER BEEN USED. WOW. ANOTHER STUDY. NUMBER TWO -- AND TOO BAD HE'S NOT HERE -- THE CHAIR. I JUST WONDER NOW THAT MS. BEAN IS UNDER INVESTIGATION WITH THE FDLE, THAT RISES TO THE LEVEL OF CRIMINAL. FDLE DOESN'T DO SOMETHING FOR A PARKING METER OFFENSE. THEY DO THAT FOR CRIMINAL ACTIVITIES. AND I GUESS HE STILL LIKES HER A BUNCH, LIKE HE CLAIMS HE DOES. MR. NORMAN, THE LAST THING WE NEED IS ANOTHER UTILITY, ANOTHER WAY TO GET MONEY OUT OF THE PUBLIC. IT'S LIKE VIV SAID, HOW'S THAT TAMPA BAY WATER WORKING FOR YOU? WE DON'T NEED ANYMORE. >> [OFF MICROPHONE] >> WELL, WE DON'T NEED ANYMORE. STOP INTERRUPTING ME. >> [OFF MICROPHONE] >> IF YOU'RE SO WORRIED ABOUT MY WATER SOURCE, THEN WHY DID YOU VOTE IN THE RIDICULOUS AND DETRIMENTAL WAY THAT YOU DID TO BEAT THE HECK OUT OF MY EPC AND NOT PROTECT MY WETLANDS? THAT'S YOUR WATER. DON'T NEED A UTILITY COMPANY TO TELL US WHAT A WETLAND IS. OKAY? AND THEN WE HAVE THE TRANSPORTATION ISSUE. THIS IS SO FUNNY. LET ME ELUCIDATE TO YOU JUST A LITTLE BIT SO YOU GET A LITTLE SMARTER. MOST OF YOU DON'T HAVE ANY HISTORY. THE PEOPLE ON THIS LIST WERE PICKED BY YOU COMMISSIONERS. THE PEOPLE ON THAT LIST EXCEPT FOR VERY FEW ARE THE SAME ONES THAT TOLD US WHAT A GREAT THING THAT TROLLEY WAS GOING TO BE AND HOW MUCH MONEY WE WASTED ON THE TROLLEY. IT STILL GOES NOWHERE. NOW WE HAVE A DESAL THAT DOESN'T WORK PROPERLY. OH, YEAH, STU ROGEL CALLED MRS. FRANK EVERYTHING EXCEPT A HUMAN BEING BECAUSE SHE ASKED ABOUT THOSE QUESTIONS WHEN THEY WERE BUILDING THAT. INSISTED WE GET A PERFORMANCE BOND ON THAT. AND THEN WE HAVE THE RESERVOIR THAT FAST EDDY TURANCHIK WANTED TO BUILD BECAUSE OF THE OLYMPICS HE THOUGHT WAS GOING TO COME HERE, AND HE WAS GOING TO HAVE PEOPLE CANOEING ON THAT RESERVOIR. CAN'T DO ANYTHING EXCEPT MUDSLIDE RIGHT NOW. DOESN'T HOLD ANYTHING. YOU KNOW, WE HAVE BACKGROUNDS HERE, DESAL, RESERVOIR, STREETCARS, AND THIS STILL GOOD IDEA -- THIS TRANSPORTATION IS DRIVEN BY REAL ESTATE. THEY WANT TO SELL US REAL ESTATE ALL UP AND DOWN I-4. IF YOU REALLY WANT TO DO SOMETHING, MAKE THE PEOPLE AT HARTLINE DO THEIR JOB. LET'S -- YOU KNOW, YOU'VE GOT TO CRAWL BEFORE YOU WALK. WE ARE NOT CLOSE TO WALKING. YOU NEED TO MAKE THEM ADHERE TO THEIR JOB, THEIR DUTY OF GIVING A DECENT TRANSPORTATION SYSTEM WITH THE WHEELS OF A BUS. FORGET THE OTHER CRAP. WE DON'T NEED IT, AND WE WILL NOT GIVE YOU A PENNY TO BUY ANY OF IT. THANK YOU. >>MARK SHARPE: THANK YOU, MS. SMITH. AND THE FINAL SPEAKER, I BELIEVE, IS MS. WILLIAMS, UNLESS THERE'S ANYBODY ELSE WHO WISHES TO SPEAK. >> I DON'T KNOW HOW TO FOLLOW AN ACT LIKE THAT. [LAUGHTER] COMMUNITY ACTIVIST MICHELLE WILLIAMS. >>MARK SHARPE: GOOD AFTERNOON, MS. WILLIAMS. >> PO BOX 1295, VALRICO, FLORIDA. JUST A COUPLE REAL QUICK THINGS. TAKING US BACK TO THIS MORNING, COMMISSIONER HIGGINBOTHAM, AS USUAL, THE INVOCATION WAS BEAUTIFUL, AS ALWAYS, AND YOU KNOW, I'M ECSTATIC WHEN I CAN BE HERE TO HEAR IT. THERE WAS SOMETHING THAT YOU SAID THIS MORNING WHEN YOU SPOKE ABOUT THE SHIP, AND THAT'S EXACTLY WHAT I CONSIDER THIS BOARD TO BE, THE CAPTAINS OF HILLSBOROUGH COUNTY. BUT RIGHT NOW I FEEL LIKE A VAGABOND BEGGING FOR MERCY, ECONOMIC DEVELOPMENT, JOBS, EQUALITY, AND FOR ALL OF THESE INJUSTICES TO END. I HAVE A BEAUTIFUL DAUGHTER THAT JUST TURNED 18 YEARS OLD ON APRIL THE 2nd. GRADUATED THE TOP 25% OF HER CLASS FROM SPOTO HIGH SCHOOL. ONE OF HILLSBOROUGH COUNTY'S FINEST. AND I'M ABOUT TO TEACH THIS COUNTY A LESSON THAT IT'S NOT GOING TO FORGET. MY DAUGHTER WAS RACIALLY PROFILED, BUT SHE WAS SMART ENOUGH, HAVING A MOTHER, A SMART COOKIE LIKE ME, WHERE HE THOUGHT THAT HE WAS SAYING THINGS TO HER WHILE HE HAD MY DAUGHTER IN TEARS. WHEN HE TOLD HER I WORKED MY BUTT OFF -- I HAVE WORKED MY BUTT OFF MY ENTIRE LIFE WORKING SINCE I WAS 14 YEARS OLD TO MAKE SURE THAT ONE DAY WHEN I DID HAVE CHILDREN THAT MY CHILDREN WOULD BE BETTER THAN WHAT MY PARENTS WERE ABLE TO GIVE ME. BUT MY DAUGHTER WAS RACIALLY PROFILED WHERE HE TOLD HER -- AND I QUOTE -- AND I'VE BEEN TO INTERNAL AFFAIRS -- I GET PAID BIG BUCKS TO KEEP YOU PEOPLE OUT OF PANTHER TRACE. AND I HAVE THIS ON VIDEOTAPE. MY 18-YEAR-OLD DAUGHTER IS AFRAID TO DRIVE HER OWN CAR NOW OVER TO THE USF TO GO TO SCHOOL. SO YOU KNOW WHAT I DO AS A GOOD PARENT? EVERY MORNING I'M UP AT 5:45, AND I DRIVE MY DAUGHTER TO SCHOOL NOW. ALL BECAUSE OF ONE OFFICER. AND IT JUST DIDN'T HAPPEN TO MY DAUGHTER. I WENT TO THE COMMUNITY CENTER IN PANTHER TRACE, AND I SPOKE WITH MISS VITEL THERE. SHE GAVE ME A LIST OF RESIDENTS WHO OWN HOMES THERE. THIS OFFICER LIVES THERE. NOW, WHETHER OR NOT HE'S INTIMIDATED BECAUSE AFRICAN AMERICANS CAN AFFORD A HOME IN PANTHER TRACE -- HE BARKED UP THE WRONG DAMN TREE ON THE WRONG DAY. ALL DAY LONG I'LL TAKE DARTS AT ME, BUT WHEN YOU BOTHER WITH MY CHILDREN, WE'RE ON A WHOLE DIFFERENT LEVEL. I'M UPSET, AND THIS ISN'T GOING TO GO AWAY. YOU WANT TO START DEALING WITH SOME REAL ISSUES, WE NEED TO START DEALING WITH RACISM. I'M NOT GOING TO GO AWAY. THAT'S GOING TO BE MY FIGHT FROM NOW ON, RACISM WITH THESE POLICE DEPARTMENTS. >>MARK SHARPE: THANK YOU, MS. WILLIAMS. IF THERE IS NO ONE ELSE, I BELIEVE WE STAND ADJOURNED. WE STAND ADJOURNED. OH, COMMISSIONER FERLITA, I'M SORRY. >>ROSE FERLITA: I JUST WANTED TO SAY ONE QUICK THING. MRS. WILLIAMS, I'M SORRY TO HEAR YOUR TESTIMONY, BY THE WAY. I'M VERY SORRY. MR. EDWARDS, IN TERMS OF YOUR COMMENT, SIR, PLEASE JUST BRIEFLY REALIZE THAT THAT WAS NOT THE FINAL CONFIGURATION TODAY ABOUT PERCENTAGES AND WHERE IT'S GOING AND WHAT IT'S DOING AND NOT DOING. SO LET'S SEE WHERE THAT GOES. AND JUST THE LAST THING, I'VE BEEN ASKED THIS BEFORE TOO, MR. CHAIRMAN, AND I THINK I KNOW THE ANSWER, BUT I'M NOT SURE. IS IT POSSIBLE, MS. BEAN, FOR YOU TO BRING A POLICY BACK THAT TELLS US WHAT THE CRITERIA ABOUT IS IT JUST IN ORDER OF SIGN-UP, IS IT IN ORDER OF WHETHER OR NOT IT'S AN OFF- AGENDA ITEM OR ON-AGENDA ITEM IN TERMS OF PEOPLE THAT ARE WAITING, BECAUSE I'M NOT CLEAR. >>PAT BEAN: YES, THERE IS A POLICY, AND WE'LL MAKE THAT AVAILABLE TO YOU. >>ROSE FERLITA: MAYBE WE CAN SHARE WITH THE AUDIENCE NEXT BOCC MEETING. >>MARK SHARPE: ALTHOUGH THE CHAIR, I THINK -- HE INDICATED TO ME AS HE LEFT THAT HE WAS READING FROM THE LIST FROM THE STACK, AND I WAS WATCHING, AS THEY CAME ONE AT A TIME, AND THEY ARE ON THE RIGHT-HAND, TOP RIGHT-HAND CORNER, MOST OF THEM ARE TIMED, AND IT DOES FOLLOW A CHRONOLOGICAL ORDER, BUT I THINK WE SHOULD BRING IT BACK. >>ROSE FERLITA: CERTAINLY, I DIDN'T MEAN THAT AGAINST YOU. BECAUSE OF ALL THE STUFF THAT WAS GOING ON THIS MORNING, SOMETHING COULD HAVE GOTTEN SHUFFLED. I'M NOT SAYING -- BUT BECAUSE THAT QUESTION'S BEEN ASKED, I CAN'T REALLY ANSWER THE QUESTION, I'D LIKE TO KNOW SO I CAN TELL MY CONSTITUENTS WHEN THEY ASK. >>PAT BEAN: WE'LL BRING THE POLICY AND TALK ABOUT IT AT THE NEXT BOARD MEETING. >>MARK SHARPE: COMMISSIONER NORMAN. >>JIM NORMAN: I WOULD LIKE TO REFER AT LEAST RESPONSE OVER -- DID YOU SAY IT WAS THE SHERIFF'S OFFICE? >> YES, SIR. >>JIM NORMAN: REFER THAT OVER TO LET OUR SHERIFF BE AWARE IF HE'S NOT. I DON'T KNOW IF YOU SPOKE WITH THE SHERIFF OR NOT. >>MARK SHARPE: ABSOLUTELY. >>JIM NORMAN: BUT WE'RE A DIFFERENT BODY THAN THE SHERIFF, BUT REFER THAT OVER FOR A COMMENT BY THE SHERIFF BECAUSE THAT'S NOT ACCEPTABLE IN ANY NEIGHBORHOOD, ANYWHERE, ANYPLACE. AND IF THAT -- YOU KNOW, THAT NEEDS TO BE RESPONDED TO. AND SIR, THEY DON'T TURN MY LIGHT ON EITHER, SO DON'T TAKE IT PERSONAL. [LAUGHTER] >>MARK SHARPE: WE STAND ADJOURNED. 1