2015/236 Hillsborough County Aviation Authority Regular Board Meeting & Board of Adjustment Hearing Thursday, 9:05 A.M. November 5, 2015 A regular meeting of the Hillsborough County Aviation Authority and a Board of Adjustment Hearing was convened in the Boardroom, Main Terminal Building, Level 3 at Tampa International Airport, Tampa, Florida, on Thursday, November 5, 2015. Members present were: Robert I. Watkins, Gary Harrod, Commissioner Victor Crist and Mayor Buckhorn who arrived at 9:43 AM. Aviation Authority staff members present were Chief Executive Officer Joseph W. Lopano, Interim General Counsel David Smith, Al Illustrato, John Tiliacos, Damian Brooke, Chris Minner, Janet Zink, Scott Knight, Michael Kamprath, Jeff Siddle, Ed Haines, Elita McMillon, Ann Davis, Dominic Macrone, Richard Coudurier, Lloyd Tillman, Laura Tatem, Laurie Noyes, Beth Zurenko, Dan Johnson, Aileen Rodriguez, Kari Goetz, David James, Cheryl Hawkins, Airport Police Officer Jimmy Bizzle, Violet Cummins, Rob Porter, James Tarro, Airport Fire Chief Danny Olegario, Airport Police Chief Paul Sireci, John Evans, Brenda Geoghagan, Teresa Howell, Randy Forister, Gina Evans, Kelly Figley, Tony Mantegna, Tom Thalheimer, Danny Cooper, Brett Fay and John Mallory. Chairman Watkins welcomed everyone to the Regular Board Meeting of November 5, 2015 and the Board of Adjustment Hearing. He informed the audience that Mayor Buckhorn would be arriving late due to a speaking engagement. Chairman Watkins stated that we would start with the Board of Adjustment Public Hearing and advised the audience that anyone wishing to comment on propositions before the Board should fill out a form and give it to Violet Cummins, Board Service Administrator. Chairman Watkins then proceeded to ask everyone to please stand for the Pledge of Allegiance. Michael Kamprath then opened the Board of Adjustment Public Hearing, provided a few brief remarks regarding the background of the Hearing, and then proceeded to ask Mr. Tony Mantegna, the Authority’s Height Zoning and Land Use Manager, and the Petitioners if present, to step forward and be sworn in by Chairman Watkins. The Oath was administered to Tony Mantegna, Jose De Jesus representing Port Tampa Bay and Clayton Watkins representing Bohler Engineering. Mr. Mantegna proceeded to present the first petition for variance to be discussed, Airport Study No. 2015-78.
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2015/236
Hillsborough County Aviation Authority
Regular Board Meeting
&
Board of Adjustment Hearing
Thursday, 9:05 A.M.
November 5, 2015
A regular meeting of the Hillsborough County Aviation Authority and a Board of Adjustment
Hearing was convened in the Boardroom, Main Terminal Building, Level 3 at Tampa International
Airport, Tampa, Florida, on Thursday, November 5, 2015.
Members present were: Robert I. Watkins, Gary Harrod, Commissioner Victor Crist and Mayor
Buckhorn who arrived at 9:43 AM.
Aviation Authority staff members present were Chief Executive Officer Joseph W. Lopano,
Interim General Counsel David Smith, Al Illustrato, John Tiliacos, Damian Brooke, Chris Minner, Janet
Zink, Scott Knight, Michael Kamprath, Jeff Siddle, Ed Haines, Elita McMillon, Ann Davis, Dominic
Macrone, Richard Coudurier, Lloyd Tillman, Laura Tatem, Laurie Noyes, Beth Zurenko, Dan Johnson,
Aileen Rodriguez, Kari Goetz, David James, Cheryl Hawkins, Airport Police Officer Jimmy Bizzle, Violet
Cummins, Rob Porter, James Tarro, Airport Fire Chief Danny Olegario, Airport Police Chief Paul Sireci,
John Evans, Brenda Geoghagan, Teresa Howell, Randy Forister, Gina Evans, Kelly Figley, Tony
Mantegna, Tom Thalheimer, Danny Cooper, Brett Fay and John Mallory.
Chairman Watkins welcomed everyone to the Regular Board Meeting of November 5, 2015
and the Board of Adjustment Hearing. He informed the audience that Mayor Buckhorn would be
arriving late due to a speaking engagement. Chairman Watkins stated that we would start with the
Board of Adjustment Public Hearing and advised the audience that anyone wishing to comment on
propositions before the Board should fill out a form and give it to Violet Cummins, Board Service
Administrator.
Chairman Watkins then proceeded to ask everyone to please stand for the Pledge of
Allegiance.
Michael Kamprath then opened the Board of Adjustment Public Hearing, provided a few brief
remarks regarding the background of the Hearing, and then proceeded to ask Mr. Tony Mantegna,
the Authority’s Height Zoning and Land Use Manager, and the Petitioners if present, to step forward
and be sworn in by Chairman Watkins. The Oath was administered to Tony Mantegna, Jose De Jesus
representing Port Tampa Bay and Clayton Watkins representing Bohler Engineering.
Mr. Mantegna proceeded to present the first petition for variance to be discussed, Airport
Study No. 2015-78.
2015/237
Bohler Engineering (Petitioner) is requesting a variance for a new twenty-three story
residential building, with a maximum height of 281’ AMSL, on a site located at 915 N. Franklin Street,
Tampa, FL. The nearest airport is Peter O. Knight.
Notice of this hearing before the Board of Adjustment was provided on October 16, 2015.
Petitioner is requesting a variance to construct a twenty-three story residential building.
The petition was presented to the Airport Hearing Officer on September 10, 2015 and, based
on testimony and evidence presented, the Hearing Office found that approval of the variance, with
required conditions, would have no effect on existing FAA restrictions, would not cause additional
impacts or loss of utility to Peter O. Knight, would not be contrary to the public interest, will do
substantial justice, and is in accordance with the spirit of the Airport Zoning Regulations and Chapter
333, Florida Statutes.
The FAA’s aeronautical study found that Petitioner’s request would not be a hazard to air
navigation provided certain conditions are met. Additionally, the FDOT did not identify any concern
with the request.
The Airport Hearing Officer recommended that the Board of Adjustment approve the variance
to Airport Zoning Regulations requested by Petitioner with the following conditions: (1) the building
is marked/lighted in accordance with FAA Advisory Circular 70/7460-1 K Change 2, Obstruction
Marking and Lighting, red lights – Chapters 4, 5 (Red), & 12; and (2) Petitioner must submit Form
7460-2 to the FAA and the Airport within five business days after construction reaches its maximum
height.
The variance will be valid until the FAA Determination of No Hazard to Air Navigation expires
on December 15, 2016, but if the FAA Determination of No Hazard is extended by the FAA for no more
than 18 months, the variance will also be extended one time, without further action of the Board of
Adjustment, provided that no changes in the proposed building have occurred.
The Board of Adjustment may render its decision based on the findings and recommendations
of the Hearing Officer. However, the Board of Adjustment may, but is not required to, review the
record of the Hearing Officer’s public hearing.
Upon motion by Commissioner Crist, seconded Mr. Harrod, a variance for Airport Study No.
2015-78, Bohler Engineering, for a new twenty-three story residential building, with a maximum
height of 281’ AMSL, on a site located at 915 N. Franklin Street, Tampa, FL was unanimously approved
by all members present; and the Airport Zoning Director or his designee was authorized to execute
all other ancillary documents by adoption of Resolution No. 2015-212.
Mr. Mantegna next presented the second petition for variance, Airport Study No. 2015-79.
2015/238
Bohler Engineering (Petitioner) is requesting a variance for the use of a temporary
construction crane to construct a new twenty-three story residential building, with a maximum height
of 319’ AMSL, on a site located at 915 N. Franklin Street, Tampa, FL. The nearest airport is Peter O.
Knight.
Notice of this hearing before the Board of Adjustment was provided on October 16, 2015.
Petitioner is requesting a variance for the use of a temporary construction crane to construct
a twenty-three story residential building.
The petition was presented to the Airport Hearing Officer on September 10, 2015 and, based
on testimony and evidence presented, the Hearing Officer found that approval of the variance, with
required conditions, would have no effect on existing FAA restrictions, would not cause additional
impacts or loss of utility to Peter O. Knight, would not be contrary to the public interest, will do
substantial justice, and is in accordance with the spirit of the Airport Zoning Regulations and Chapter
333, Florida Statutes.
The FAA’s aeronautical study found that Petitioner’s request would not be a hazard to air
navigation provided certain conditions are met. Additionally, the FDOT did not identify any concern
with the request.
The Airport Hearing Officer recommended that the Board of Adjustment approve the variance
to Airport Zoning Regulations requested by Petitioner with the following conditions: (1) the
temporary crane is marked/lighted in accordance with FAA Advisory Circular 70/7460-1 K Change 2,
Tampa International Airport, Resolution No. 2015-207 and Part 2 Supplemental Design-Build Contract
B, Taxiway J Bridge Reconstruction, HCAA Project No. 8110 14, Cone and Graham, Inc., Tampa
International Airport, Resolution No. 2015-211, presented by Jeff Siddle.
As part of the Master Plan Phase 1 Program, an Automated People Mover (APM) will connect
the new Consolidated Rental Car Facility with the Main Terminal. It is necessary to reconstruct the
Taxiway J Bridge to include an opening for the APM to pass underneath the Taxiway J Bridge and to
expand roadway capacity on the George J. Bean Parkway. This project provides for the design and
construction of the Taxiway J Bridge.
To date, the Board has approved the following:
Contract Scope Board Approved
Date Total Amount
Part 1
Design-Build
Agreement
All required planning, design
up to 90%, and permitting
for Taxiway J Bridge
replacement, new guard
lights and modifications to
Runway 10 threshold
March 6, 2014 $2,113,453.57
Part 2
Design-Build
Contract
The completion of the
design, construction of early
enabling work and the
Design-Builder’s General
Conditions for the entire
project
October 2, 2014 $5,796,203.00
2015/255
Part 2
Supplemental
Design-Build
Contract A
The completion of the
construction of the entire
project
February 5, 2015 $23,086,088.00
To date, the Chief Executive Officer has approved three no cost amendments to the Part 1
Design-Build Agreement. The amendments were Attachments that were either added to or removed
from the Agreement.
The existing 12” diameter sanitary sewer force main from north of Taxiway J to the lift station
on the west side of the Main Terminal is over 45 years old and comprised of materials that are
incapable of guaranteed repairs by the City of Tampa. A determination has been made that the force
main must be replaced to satisfy City of Tampa ownership, maintenance and easement requirements.
Upon completion, the City of Tampa will own and maintain the force main.
Amendment No. 4 to the Part 1 Design-Build Agreement provides for the design of the 12”
sanitary sewer force main.
The not-to-exceed amount for Amendment No. 4 will be $227,278.72, bringing the total
combined Part 1 Design-Build Agreement amount to date to $2,340,732.29.
The Part 1 Design-Build Agreement incorporates a DBE participation of at least 20.6% for
design.
The Part 2 Supplemental Design-Build Contract B provides for the construction of the 12”
sanitary sewer force main.
The Guaranteed Maximum Price (GMP) for the Part 2 Supplemental Design-Build Contract B
will be $2,200,000.00, bringing the total combined project Part 2 Design-Build Contract amount to
date to $31,082,291.00.
The Part 2 Design-Build Contract and Part 2 Supplemental Design-Build Contract A, as
amended by the Part 2 Supplemental Design-Build Contract B, will incorporate a DBE participation of
at least 20.2% for design and 9.4% for construction.
Per Authority Policy P410, Procurement, staff may authorize use of the Owner’s Direct
Purchase Program with respect to construction materials and supplies, if appropriate.
These items are included in the FY2014 Capital Budget.
Management recommended adoption of Resolution No. 2015-207 and Resolution No. 2015-
211.
2015/256
Mr. Harrod inquired why there were multiple contracts since there was one sewer line. Mr.
Siddle replied that when the Authority entered into the Master Plan program it was broken down into
components. Since the sewer line was not contemplated as one single contract at the time the Master
Plan was presented, the sewer line was added to the scope of work of the individual contractors.
Upon motion of Mr. Harrod, seconded by Commissioner Crist, the execution of Amendment
No. 4 to Part 1 Design-Build Agreement for Taxiway J Bridge Reconstruction at Tampa International
Airport with Cone and Graham, Inc. was unanimously approved by all members present, and the Chief
Executive Officer or his designee was authorized to execute all other ancillary documents by adoption
of Resolution No. 2015-207.
Chairman Watkins then called for a motion for approval of Resolution No. 2015-211.
Upon motion of Mr. Harrod, seconded by Mayor Buckhorn, the execution of Part 2
Supplemental Design-Build Contract B for Taxiway J Bridge Reconstruction at Tampa International
Airport with Cone and Graham, Inc. was unanimously approved by all members present, staff was
authorized to use Owner’s Direct Purchase Program if appropriate, and the Chief Executive Officer or
his designee to execute all other ancillary documents by adoption of Resolution No. 2015-211.
The third item and last item under Unfinished Business was the Contract for Continuing
General Consultant, RS&H, Inc., Tampa International, Peter O. Knight, Tampa Executive and Plant City
Airports, Resolution No. 2015-202, presented by Jeff Siddle.
On September 3, 2015, the Board approved negotiations with the number one ranked firm,
RS&H, Inc. The Contract for Consulting Services is intended to provide design services for specific
projects with a construction value of $2,000,000 or less as selected by the Authority to support the
Capital Improvement Program (CIP) and other ancillary services.
The proposed scope of work will include design professional and consultant services for CIP
and O&M projects for FY2016 through FY2020.
The term of the Contract is November 5, 2015 through November 4, 2018 with two one-year
options at the discretion of the Chief Executive Officer and is for a total amount not-to-exceed
$11,100,000.
A D/W/MBE expectancy of at least 10% of the dollar amount earned on the Contract was
prescribed. A D/W/MBE expectancy of 10% will be incorporated into this Contract.
This item is included in the Capital Budget.
Management recommended adoption of Resolution No. 2015-202.
2015/257
Upon motion of Mr. Harrod, seconded by Commissioner Crist, the execution of the Contract
for Continuing General Consultant at Tampa International, Peter O. Knight, Tampa Executive and Plant
City Airports with RS&H, Inc. was unanimously approved by all members present, and the Chief
Executive Officer or his designee was authorized to execute all other ancillary documents by adoption
of Resolution No. 2015-202.
Chairman Watkins moved on to New Business.
The first item under New Business was Ratification of Emergency Purchase, Construction
Contract, Building #432 Roof Rehabilitation – FY15, HCAA Project No. 6265 15, American Roofing &
Sheet Metal, Inc., Tampa International Airport, Resolution No. 2015-218, presented by Jeff Siddle.
Building #432 was built in 1999 with two different roof types: a built-up roof section over the
office part and a metal roof over the warehouse area. Minor repairs were performed on the built-up
roof section during a renovation in 2011. During the 2011 repairs, it was determined that the built-
up roof portion was reaching the end of its expected life and required replacement.
The roof rehabilitation will consist of approximately 6,600 square foot of built-up roofing
system removal and replacement with a new thermoplastic polyolefin (TPO) roofing system. The roof
rehabilitation will also include the installation of new roofing fasteners and foam enclosures for
approximately 20,500 square foot of corrugated metal roof. Other roof rehabilitation work includes
the installation of new roof drain gates, curb flashing and new light fixture supports.
The Authority’s Chief Executive Officer designated Jeff Siddle, Assistant Vice President of
Planning and Development, to investigate the status of the roof on Building #432 and, if deemed
necessary, make an emergency purchase to repair or replace the roof. Pursuant to Policy P410, Mr.
Siddle found that an emergency existed to replace the roof. The current tenant, Sky Chefs, has
performed repairs to the roof as leaks became evident during the heavy rains last July and August.
Sky Chefs’ management is concerned about protecting Sky Chefs’ equipment and office areas from
the leaks. As a result, the Director of Procurement proceeded with an emergency purchase and
entered into a contract with American Roofing & Sheet Metal, Inc. for the Building #432 Roof
Rehabilitation in the amount of $115,190.
On October 14, 2015 quotes were received as follows:
Company Name Quote Amount
American Roofing & Sheet Metal, Inc. $115,190.00
Ryman Commercial Roofing, Inc. $119,000.00
TarHeel Roofing, Inc. $125,423.44
Southern Roofing Company, Inc. $138,145.00
No W/MBE expectancy participation rate was prescribed.
2015/258
This item is included in the FY2015 Capital Budget.
Management recommended adoption of Resolution No. 2015-218.
Upon motion of Commissioner Crist, seconded by Mayor Buckhorn, the ratification of the
emergency purchase and execution of Construction Contract for Building #432 Roof Rehabilitation –
FY15 at Tampa International Airport with American Roofing & Sheet Metal, Inc., in the amount of
$115,190, was unanimously approved by all members present and the Chief Executive Officer or his
designee was authorized to execute all other ancillary documents by adoption of Resolution No. 2015-
208.
The second item under New Business was Selection of Firms and Award of Contracts, Direct
Placement Financing, Tampa International Airport, Resolution No. 2015-204, presented by Damian
Brooke.
As part of the Authority financial planning program, outstanding bonds are reviewed on an
on-going basis as they become eligible for refunding. This review includes an analysis of potential
savings by refinancing the debt at lower interest rates and also evaluates which methods of refunding
would be most beneficial to the Authority. The Authority outstanding 2005A AMT and 2005B Non-
AMT Bonds are currently eligible for refunding. Under current market conditions, there are financial
advantages to selling the new bonds required for this refunding through a direct placement with a
financial institution, meaning the entire series of bonds will be placed directly with the selected
institution. This approach has become more popular in recent years with many banks having been
aggressive purchasers of such bonds typically with principal amounts of approximately $50 million or
less with maturities of ten years or less. The Authority 2005A AMT and 2005B Non-AMT Bonds,
currently outstanding in the amount of $45,445,000 and $18,655,000 respectively, fit into these
categories.
On September 8, 2015, a Request for Proposals (RFP) was issued for Direct Placement
Financing at Tampa International Airport. The RFP invited banks to submit proposals to provide a
direct placement to refund the 2005A AMT and 2005B Non-AMT Bonds.
Three responses for the refunding of the 2005A AMT Bonds and two responses for the
refunding of the 2005B Non-AMT Bonds were received and evaluated by staff. The following firms are
listed in order of technical ranking:
AMT Bonds Non-AMT Bonds
1. Bank of America, N.A. 1. TD Bank NA
2. Wells Fargo, NA 2. Bank of America, N.A.
3. STI Institutional &
Government
2015/259
No specific expectancy for W/MBE participation was established.
The Chief Executive Officer recommended ranking the firms in the order listed above and award to the top ranked firm in each category, with staff authorized to negotiate the terms and
conditions of a contract with the highest ranked firm in each category. If staff is unable to negotiate
acceptable terms and conditions with the top ranked firm, they are authorized to negotiate with the
next highest ranked firm in that category and so on through the rankings until a contract can be
agreed to with acceptable terms and conditions.
Resolution No. 2015-204 authorized the issuance of Hillsborough County Aviation Authority
Tampa International Airport Revenue Refunding Bonds, 2015 Series B (AMT), in the aggregate
principal amount of not to exceed $48,000,000, for the purpose of refunding all of the Authority’s
2005 Bonds, Series A (AMT); authorized the issuance of Hillsborough County Aviation Authority
Tampa International Airport Revenue Refunding Bonds 2015 Series C (non-AMT), in the aggregate
principal amount of not to exceed $20,000,000, for the purpose of refunding all of the Authority’s
2005 Bonds, Series B (Non-AMT); approved the form of 2015 Supplemental Trust Agreement with
respect to one or more of such series of bonds and approved certain amendments to the Trust
Agreement as provided therein; delegated to staff the authority to award the sale of the 2015 Series
B Bonds to Bank of America, N.A. and to award the sale of the 2015 Series C Bonds to TD Bank NA, in
each case subject to successful negotiation, or to negotiate and award the sale of the respective
Bonds to the next highest ranked bidder if agreement could not be reached, and approved the
conditions of each such sale; designated the registrar, paying agent and authenticating agent for such
series of bonds; approved the form and authorized the execution and delivery of an Escrow Deposit
Agreement and designated the Bank of New York Mellon, New York, New York, as escrow agent
thereunder; provided certain findings with respect to the foregoing; provided certain other details
with respect thereto; and provided an effective date.
Upon Motion of Commissioner Crist, seconded by Mr. Harrod, Resolution No. 2015-204 was
unanimously approved by all members present.
The third item under New Business was Short Listing of Artists, Tampa International Airport
Public Art Main Terminal, Airside F and Consolidated Rental Car Facility, Tampa International
Airport, presented by Chris Minner.
The Public Art Program provides a variety of opportunities for the traveling public to
experience and engage in artistic excellence. As part of the Master Plan construction program, twelve
locations throughout the Airport’s facilities were identified to accommodate Public Art. The
solicitation process was designed to identify qualified Artists that would be approved to move on to
a formal Request for Proposals process.
On August 17, 2015, a Call for Artists was issued for Tampa International Airport Public Art
Main Terminal, Airside F and Consolidated Rental Car Facility. Seven hundred fifty three (753) Artist
applications were received.
2015/260
Between October 6 and October 12, 2015, a Technical Evaluation Committee, which consisted
of four members of the Public Art Committee, conducted a review of all Artist applications in response
to the Call for Artists and developed a recommended short list of five qualified Artists for each of the
twelve locations.
On October 19, 2015, the Technical Evaluation Committee presented its short list
recommendations to the Public Art Committee. After thorough review and discussion of the
recommendations, the Public Art Committee reduced the number of locations from twelve to ten by
eliminating locations MT TR 2 and MT TR 3, finalized the recommended short list of qualified Artists,
and assigned three Primary Artists and two Alternate Artists to each location.
The Public Art Committee recommends to the Board the following short list of qualified Artists
to be invited to participate in the Request for Proposal process and recommends awarding each
Primary Artist per location a $3,000 stipend to develop and present a proposal for a concept and
design to the Public Art Committee. The Public Art Committee will evaluate the proposals and identify
one Primary Artist for each of the ten locations which will be recommended to the Board for final
approval and contract award. The Public Art Committee also recommends the selection of two
Alternate Artists for each of the ten locations that may be invited to respond to the Request for
Proposal should a Primary Artist elect not to participate. Location: AS F 1
Primary Cesar Cornejo
Primary Carlos Garaicoa
Primary Dagoberto Rodriguez Sanchez &
Marco Antonio Castillo Valdes
Alternate 1 Karin Giusti
Alternate 2 Christopher Janney
Location: AS F 2
Primary Val Britton
Primary Daniel Canogar
Primary Alyson Shotz
Alternate 1 Juan Lopez
Alternate 2 Titia Ex
Location: AS F 3
Primary Clyde Butcher
Primary Elisabeth Condon
Primary Carlton Ward, Jr.
Alternate 1 Jake Fernandez
Alternate 2 Edgar Sanchez-Cumbas
2015/261
Location: AS F 4
Primary Sandra Cinto
Primary Esterio Segura
Primary Aaron Stephan
Alternate 1 Frederik Molenschot
Alternate 2 Norman Lee
Location: MT TR 1
Primary Alice Aycock
Primary Ned Kahn
Primary Jaume Plensa
Alternate 1 Dagoberto Rodriguez Sanchez &
Marco Antonio Castillo Valdes
Alternate 2 Alyson Shotz
Location: APM 1
Primary Volkan Alkanoglu
Primary Ralph Helmick
Primary Gordon Huether
Alternate 1 Mabel Poblet
Alternate 2 Iva Gueorguieva
Location: APM 2
Primary Michael Galbreth & Jack Massing
Primary Jason Hackenwerth
Primary Daniel Rozin
Alternate 1 Simon Donovan & Ben Olmstead
Alternate 2 Sheryl Oring
Location: APM 3
Primary Adam Frank
Primary Robert Ley
Primary Tim Prentice
Alternate 1 Norman Lee
Alternate 2 Norie Sato
2015/262
Location: CNRC 1
Primary Benjamin Ball & Gaston Nogues
Primary Norman Lee
Primary Erwin Redl
Alternate 1 Ralph Helmick
Alternate 2 Alice Aycock
Location: CNRC 2
Primary Bob Faust & Nick Cave
Primary Dixie Friend-Gay
Primary Janaina Tschape
Alternate 1 Vera Lutter
Alternate 2 Rosario Marquardt & Roberto Behar
No specific expectancy for W/MBE participation was established.
The stipend is included in the FY2016 O&M Budget.
The Chief Executive Officer recommended approval of the short listed Artists as listed above.
Upon motion of Commissioner Crist, seconded by Mr. Harrod, the Short Listing of Artists,
Tampa International Airport Public Art Main Terminal, Airside F and Consolidated Rental Car Facility,
Tampa International Airport was unanimously approved. No resolution was required.
The fourth item under New Business was Appointment of Procurement Appeals Hearing
Officer and Agreement for Services – Procurement Appeals Hearing Officer, Tampa International,
Tampa Executive, Peter O. Knight and Plant City Airports, Resolution No. 2015-208, presented by
Scott Knight.
At the October 1, 2015 Board meeting, the Board revised Policy P512, Procurement Protests,
effective February 4, 2016, to, among other things, create the Procurement Appeals Hearing Officer
position. Under the revisions to Policy P512, the Procurement Appeals Hearing Officer is to receive
and analyze the submission of evidence and testimony relating to procurement protests in an open
public hearing and make a written decision containing findings of fact and conclusions of law.
Staff recommends the appointment of Donald D. Conn, an attorney with Pennington, P.A., as
Procurement Appeals Hearing Officer pursuant to an Agreement for Services – Procurement Appeals
Hearing Officer (Agreement). The Agreement is for a term of 3 years beginning February 4, 2016 and
ending February 3, 2019. During his term as Procurement Appeals Hearing Officer, Mr. Conn may not
be an employee of the Authority or other governmental agency in Hillsborough County and is subject
to the provisions of Section 112.3145, Florida Statutes, insofar as they relate to local officers. Mr.
2015/263
Conn will be compensated for the services of Procurement Appeals Hearing Officer at the rate of $185
per hour and will be reimbursed for necessary expenses incurred relative to the performance of duties
as Procurement Appeals Hearing Officer.
Management recommended adoption of Resolution No. 2015-208.
Commissioner Crist inquired how the Authority derived the $185 hourly rate for the services
of the Procurement Appeals Officer because it seemed high. Commissioner Crist went on to add that
the PTC had recently re-contracted a number of Hearing Officers at a much better rate. Mr. Lopano
replied that the PTC may have received a lower rate due to the higher volume of cases they hear.
Upon motion of Mayor Buckhorn, seconded by Mr. Harrod, the appointment of Donald D.
Conn as Procurement Appeals Hearing Officer and the execution of Agreement for Services -
Procurement Appeals Hearing Officer at Tampa International, Tampa Executive, Peter O. Knight and
Plant City Airports with Donald D. Conn was unanimously approved by all members present and the
Chief Executive Officer or his designee was authorized to execute all other ancillary documents by the
adoption of Resolution No. 2015-208.
The fifth item under New Business was Contract for Special Legal Services, Kaplan, Kirsch &
Rockwell LLP, Tampa International, Peter O. Knight, Tampa Executive and Plant City Airports,
Resolution No. 2015-206, presented by Michael Kamprath.
Kaplan, Kirsch & Rockwell, LLP has provided advice and counsel in connection with the
airport’s concessions program and other airport matters for Tampa International, Peter O. Knight,
Tampa Executive and Plant City Airports.
Authority Policy P500 authorizes the utilization of non-Authority attorneys without obtaining
three quotes or advertisement based upon such factors as needed services, experience,
qualifications, geographic location, length of services, and efficiencies.
Authorize execution of a Contract for Special Legal Services with regards to Airport Law and
related legal matters with Kaplan, Kirsch & Rockwell, LLP for a three-year period beginning November
5, 2015 and continuing through November 4, 2018, with one two-year renewal option. The Contract
authorizes the Authority General Counsel or Assistant General Counsel to exercise the one two-year
renewal option. The total not to exceed amount for the three-year term of the Contract, including
the renewal option, is $250,000.
This item is included in the O&M Budget.
Management recommended adoption of Resolution No. 2015-206.
Upon motion of Commissioner Crist, seconded by Mr. Harrod, the execution of the Contract
for Special Legal Services at Tampa International, Peter O. Knight, Tampa Executive and Plant City
2015/264
Airports with Kaplan, Kirsch & Rockwell, LLP was unanimously approved by all members present, and
the General Counsel or Assistant General Counsel or designee was authorized to execute all other
ancillary documents by adoption of Resolution No. 2015-206.
The sixth item under New Business was Purchase Orders, Miscellaneous IT Equipment utilizing
State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS, Dell Marketing L.P., Tampa
International Airport and Tampa Executive Airports, presented by Damian Brooke.
The Authority routinely purchases miscellaneous IT equipment such as desktops,