Charter Review Commission
May 1, 2008
Agenda

We will meet in Cleveland City Council’s Committee Room (217).

Cleveland City Council security has asked that Commission Members that are not Members or staff of Cleveland City Council refrain from entering Council offices without an escort.

1)    Amendments proposed by the Department of Port Control

2)    Amendments proposed by the Clerk Department of Public Utilities

Charter Review Commission
Meeting
May 1, 2008

Vice Chairperson Robert Triozzi called the meeting to order at 8:45 AM, and Director Ricky Smith from the Port Control provided an overview on the functions and duties of the Port Control operations.  The Director had introduced an proposed amendment to the charter that would provide city council with authority to authorize city departments to award design-build or engineer, procure, and construct (EPC) contracts for the purpose of public improvements.  This would be done by awarding the contract on the basis of the best proposal that would take into consideration the engineering, design and construction method as well as the proposed design and construction cost.

Richard Horvath mentioned that are only 3 ways to do a public improvement project, and there could be a 4th method of making a public improvement and this is why this amendment is being proposed.  The current language does not include professional services for making public improvements.  Horvath mentioned that he could come up with some language for that process.

It was mentioned that the design-build system is used to minimize the project risk for the owner and to reduce the delivery schedule for the project by overlapping the design phase and construction phase of the project.  The design and construction phases overlap and the bidding periods and redesigns are eliminated which can also reduce cost.

It was also mentioned that when city is competing for FAA grants and there is a need for the city to upgrade the timeline for completion of project schedules and this design-build method can greatly accomplish that for the city port control.

Commissioner of Public Utilities, Mr. Neilson also provided comments.  He mentioned about the design and build process and an overview was provided. The Commissioner had mentioned that after 9/11 the city had to make security improvements to the water system, and had to use professional services because they did not want to make any of the security features public, which would have happened through the regular bidding process.  It was also mentioned that the quality of work is better when using professional services. 

Commissioner Henderson, CPP commented that the design build approach can save money and time.  There are cutting edge emission controls and improvement in technology, which can also save in cost.

Bill Zigley, Deputy Commissioner mentioned that the security project was a very good example and there was real gap in the city’s procurement.

Port Director Smith had also mentioned about the Southwest Airlines project in regards to design build and how they were able to complete this project fairly quickly. 

Roosevelt Coats mentioned that the same contractor doing the contract would also design it.  Smith mentioned that the city would go out for an FRP for both design and construction. 

In the utility industry this is very common because they have the expertise to do this.

Richard Horvath mentioned that design-build method is presently prohibited under the current law, and this amendment would allow for the port control to use a fourth method, which is design build. 
 
According to Horvath the current law has been in existence since 1931, and some of the provisions go back to 1913.  Horvath mentioned that design build may not have been prevalent in the day (1931).  Ken Johnson had raised questions regarding design build. 

Patricia Britt had raised the question if the design-build method was used for the Cleveland Browns stadium project.  It was not built using design build. Bill Callahan raised the issue about the lack of standards in the design build proposal.  Richard Horvath mentioned that if you look closely at the language there are some standards included.  There are criteria included in this process. 

Commissioner Neilson mentioned that this would be inspected and the proposal would be closely checked to make sure that the criteria is met. 

RFP would be put out and you would get several bidders and the port would evaluate those bids in regards to price and this would be brought to Council for direct award.  This would also be evaluated by qualifications and price. 

Ken Johnson mentioned his concerns about this, cited example about concrete business and the processes used in that industry for procuring contracts.  When you have design build concept it involves the option for procurement of a contract and you should only use this under extraordinary circumstances as it pertains to certain projects. 

Ken Johnson mentions that before he approves this he would have to see the language and also raised concerns about the increased possibility for fraud. 

Ken Johnson would like to see this expanded and put into the charter.  Richard Horvath mentioned that the council would still be control of this process before a contract is ever authorized. 

Roosevelt Coats mentioned that when you include the council into this situation who are not designers, problems can occur.  Council could go out and get professional people to determine if the design is suitable according to Roosevelt Coats.

Vicky Johnson mentioned that you have a better chance of having a good project under this proposal because you have professionals making those decisions.

Ken Johnson mentioned that he agrees but there is the political element that needs to be considered.  There will be future directors and you may not be able to trust them in how they do certain things because they may do some things different. 

Robert Triozzi mentioned that this proposal will come back before the commission for further review. 

Ken Johnson mentioned that he wants the committee to appreciate how votes are obtained to get certain proposals passed. 

Phyllis Cleveland mentioned that airport police force would be up next.  The proposal is to establish a police force at the department of Port Control.  Director Smith mentioned that this is not a people issue this is more of a structural issue. 

Police Chief McGrath mentioned about the police lay-off where 350 positions were eliminated.  The previous administration had looked at the airport and recommended that a certain number of officers be assigned to the airport.  There have also been an upgrade in security at the airport through the TSA and the demands for security have increased as a result of the aftermath of 9/11.  The police division does not have the resources to meet these new demands by the TSA.  Since 9/11 the requirement for airport security keeps increasing.  The security force at the airport be specific for airport security. 

The Chief believes that there is a need for expertise at the airport and should be specific to the airport.  Ken Johnson wanted to get more detail about this.  The Police Chief Michael McGrath mentioned that police need to be trained on how to look at and evaluate customers in relation to security.  Port Director Smith mentioned that there is a partnership involved with other security personnel and you need to have police that are familiar with the airport environment. 

There are certain issues that are security sensitive in regards to the airport.  According to the Director the public safety department would advise the port control about security services.   Ken Johnson raised the question regarding why is the police chief not involved in the selection of police officers at the airport.  Director Smith mentioned that the airport would not create a police force without the input of the public safety department.

Ken Johnson mentioned that we would feel more comfortable with the police chief being more involved in this process.  Creation of this police force would be under the direction under port control and what involvement will the public safety director have?

Director Smith indicated that there will be a committee put in place comprising of the public safety director and police chief to help make the selections and help establish policy. 

Kevin Kelley mentioned that there would be a police chief over the police force at the airport. Ken Johnson raised the question of who is going to run the airport security operations at the airport.  Ricky Smith mentioned that the chief will report to the commissioner of airport security, which is Fred Szabo.  Ken Johnson believes that the public safety department should have some input into this as well. 

Ricky Smith mentioned that the bomb squad unit of the police department will still be a police function and they would still be involved at the airport. 

Greg Huth mentioned why would we need a charter provision to do this?  Director Smith mentioned that the police force needed at the airport presently has language in the present charter pertaining to temporary authority and this needs to be changed.  All police officers report directly to the chief of police.  The plan is to try to develop a unique police force under the control of the port control director, this language is not in the present charter according to Richard Horvath.

Bill Callahan raised the question why not have a dedicated unit in the police force assigned to port control.  Director Smith mentioned that if the threat level changes the city may not have the budget to add more additional police officers to the airport.   Callahan mentioned that the airport presently reimburses the city for the police officers that it is using presently. 

Police Chief McGrath mentioned that he is not responsible for security at the airport based on federal requirements, the director of port control is responsible for providing this. 

Roosevelt Coats asked where will the resources come from and where will the police officers come from and will they be part of the FOP. Director Smith mentioned that these officers will come from the city of Cleveland.  These officers will be new officer and the present officers that are out at the airport will be reassigned to police districts.

The Federal government holds the airport director responsible for security at the airport.  Fred Szabo mentioned that this is the industry standard used nationwide in regards to airport police security.

Director Smith mentioned that there is an immediate need to change security structure at the airport. 

Ken Johnson mentioned that where the problem occurs is when something major happens at the airport and the city police is called in who would they answer to.

Director Smith mentioned that if there is an emergency at the airport the primary responsibility is to maintain order.  The TSA would handle security and for catastrophic events the airport would have jurisdiction. 

Police Chief McGrath mentioned that there could be a situation where the fire department could come into the airport and take control. 

Fred Szabo mentioned that there will be training for police personnel in homeland security on airport related security matters.

Patrick Managan mentioned about the qualifications for the positions at the airport.  Director Smith mentioned that there will be a process for classification that would go through the civil service.

Managan also raised the question about the first responders to the airport.  Fred Szabo mentioned that the fire division would have the responsibility in a structural fire to control the fire and to take the appropriate safety measures.  Patrick Managan asked the question about the qualification and training requirements of the fire fighters and according to Fred Szabo, the fire staff at the airport have proper qualifications and credentials and state certified.

Ken Johnson mentioned that there appears to be an intent to make the airport police a separate entity from the city police.  Smith mentioned that he can provide information on the MOU with the police department in regards to homeland security that he can provide. 

Phyllis Cleveland mentioned that she would like to have Port Control come back next week.  There will be more language brought back on design build.

Cleveland also that mentioned the Commission can begin to focus on the sub-committees and then review each issue and make  a vote in regards to what the Commission would like to do with each of the recommendations presented to the commission so far.

Richard Horvath provided information on all of the issues that came before the commission to all  members so they can review it. 

Matt Silverstein mentioned that he feels strongly that there needs to be prioritization in regards to proposals that would be brought towards city council and would suggest setting up a sub-committee to look at the airport police issue. 

Ken Johnson raised the question on when would the Commission want to review all of the easy charter proposals and then vote on the proposals.

Robert Triozzi suggested that we should provide two weeks to allow all commission members to review the proposals and then submit to the staff their votes on the proposals.  This would be a preliminary vote not the final vote just to see where everyone is at.  
 
Richard Horvath will also e-mail the documents that he provided at the meeting to Katherine Buluva who can then get them to those people who were not present. 

Chairperson Cleveland also mentioned about the public meetings that will take place on May 13th and 15th.  Cleveland also indicated that there will be a third meeting in May at a central location.

Chairperson Cleveland adjourned the meeting at 10:42 AM.