Advisory Council Meeting

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					                           Florida Conflict Resolution Consortium
                                 Thursday, February 7, 2008

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Members Present: Curt Kiser, Charles Pattison, Marsha Hosak (by Phone), Ed Fernald
Terry Joseph, Bill Bryant, Steve Pfeiffer (by phone), Mary Ann Poole, Bob Rhodes (by
phone), Jim Murley (by phone) and Bob Jones
Senior Fellow: Stu Langston
Staff: Chris Pedersen, Rafael Montalvo, Hal Beardall, Jeff Blair, Allison Stribling &Tom

A. Introductions and Status Report

Following member and staff introductions, Bob Jones, the FCRC Director welcomed
everyone and explained that Bob Bradley had a death in the family and could not be there.
The meeting objectives, agenda and materials were reviewed. Bob Jones shared some of
Bob Bradley’s assessment of the serious State budget crisis and that he pointed out that
agencies still have to get the job done and there may be an increased need for contract

Mr. Jones offered a status report on the the FCRC offering the following points:

      In 2006 we were able to get some core recurring funding with the help of Senator
       Pruitt, Curt Kaiser and others. This has proven critical in stabilizing our financial
      In 2007 the FCRC asked Stu Langton to conduct a quality assessment through
       interviews with over 35 FCRC clients. Fall of 20076 was very busy with 3 legislative
       commissions and the Emerald Coast regional visioning initiative. CSEC.
      We are now going to get more disciplined on the strategic planning.
      Our budget is covered through June but it is uncertain what will happen in the
       session. We are seeking to diversify beyond our dependency on state and local
       government in light of budget cuts being forecast at the state and local levels.
      We have 43 projects, 31 at FSU and 12 at UCF (Rafael takes the lead on these).
      Chris Pedersen is taking on new administrative roles and has prepared charts of our
      The Fertilizer Task Force report was delivered in January.
      We also completed the Emerald Coast report. They have requested that the
       Governor appoint an implementation team and have a summit every couple of years.
       This was informed by previous regional efforts that were put on the shelf. There will
       be a presentation of the report to the Governor and Tom Pelham, DCA Secretary.
      We have a mix of federal, state, regional, local and higher education funding.
      We are at a maximum level of projects with the existing staff.
      There was an attempt by the BOG to cut our entire budget allocation but this was
       reduced to just an 8% cut with the help of Senator Pruitt.
      We are now in another round of budget cuts and we can live with a percentage cut.
      They have to cut $1 billion dollars from the current year state budget.

   Members Comments
    The FSU Collins Center report predicted this problem. It was not heeded. We also
      showed that the real estate market would not be affected by Amendment #1.

B. Discussion of Opportunities for the FCRC

The Director offered some initial comments on opportunities offering the following points:

      Some of the agencies are addressing the budget issues.
      DOT has not reappointed the state planner and several assistant secretaries. They
       need to renew plans and we are not sure if the new Secretary will want our
      DCA is taking a while to figure out what they want to do. Initially we were talking to
       them about rural lands, growth management and possibly more.
      We need to diversify the project mix like we are doing with the Air Force on
       strategic air space in the Gulf. This is a pilot project for the US DOD.

Member Comments

      State University System. State university governance is in flux. Litigation is
       pending and in doubt and there will be appeals involving the BOG, universities and
       the legislature. Consensus could help resolve these issues possibly after the Supreme
       Court sets some parameters. There is work that needs to be done on campus master
       planning. Rafael got rave reviews on the academic master plan for New College.
      Agency Stakeholder Advisory Groups We have been trying to use consensus-
       building approaches for stakeholder advisory groups for policy development.
       Climate Change. Staff is working with climate change and are talking with staff
       from the Governors Action Team. We haven’t gotten involved in part because the
       national climate change facilitation organization received funding for its services
       through and they are using a national facilitation and technical assistance group.
       There is a Rockefeller grant that we may want to look at. Charles Pattison is on the
       Climate Change Committee. Bob Jones will be in Salt Lake City to talk about
       climate change. There may be some interest there. We have not been active in
       exploring foundation support. We need to do more of this and climate change
       would be potentially a good topic. There is some pending legislation at the national
       level that may also provide some funds.
      Regional Visioning. Regional Visioning is an important area from an RPC
       perspective. I just read the report to the Century Commission and implementation is
       key. All of the RPCs will be involved in visioning depending on what comes out of
       the legislature. It will take funding. We can use the existing structure of the RPCs.
       There is always an opportunity for training and education.
      Local Government Service Consolidation. Local governments are suffering from
       a lack of money. There is a need to have discussions on service consolidation
       between cities and counties. Some have consolidated planning programs.
      Citizen Participation. DCA wants a legislative packet that included citizen
       participation. This could require a neighborhood meeting and these will require
       assistance. I haven’t heard too much reaction from the development community.
       You may want to have meetings with development groups. There may need to be
       some dialogue about hometown democracy and reasonable alternatives. I am not
       sure who the convener would be.
      The neighborhood meetings are another opportunity and other things in the
       comprehensive plan.
      Gaming Issues– There will be a battle between the Indian and para-mutual
       gambling interests: horses, dogs, cards, etc. There is a lot of money involved. There
       is interest in changing class-size requirements.
      K-12 Education. Class size is important for elementary but not as much for higher
       grades. It would require stakeholder buy-in. There has been a problem with kids
       needing to be moved when new kids come in; which is disruptive for everyone.
      Everglades Restoration. Lake Okeechobee is a big issue that needs to be resolved
       and it is key to the environment in S. FL. There needs to be a table where all the
       agencies and interests can meet.
      All of our professional boards (doctors, engineers, nursing, etc.) bring their fights to
       the legislature each year. We need to get out to these boards and find a way to help.
       They all have fees and funds.
      Rural Land issues and initiatives could create an area for effort.
      Training. What about training for mediation training for growth management
       issues? [We haven’t done that in the last 3-4 years. We were loosing money on
       training. We have responded for training requests from agencies. There is mediation
       training in the courts system. There are not a lot of GM cases to justify a lot of
       interest in the training.]

Bob Jones thanked the members for their thoughts and suggestions regarding potential
opportunities and noted that staff would review these and consider how to take best
advantage of them.

   C. FCRC Strategic Development

Stu Langton presented a brief history of the FCRC’s strategic planning and suggested that it
was timely to move beyond the immediate to consider the longer term possibilities and
strategic considerations. He then provided an overview of the quality assessment he
conducted on behalf of the FCRC through a series of interviews with clients. The take away
points were:

     Of the over 30 clients I talked to, almost all were all highly supportive and satisfied.
     These clients anticipated a high level of need for assistance with consensus building
      in the future.
     Based on the assessment, I give the FCRC an A.
     There were some quality concerns. There was difficulty with the contracting.
      Reports could have been better edited and have better graphics. There were
      suggestions that they streamlined support and make better use of technology.
     I made recommendations in 2 parts: how to maintain quality and how to grow.
     We need to look at where we grow and how.
     The FCRC has functioned under four governors who had different approaches.
     Three things emerged, one was quality assessment,
     Chris – Stu had 12 recommendations. Every contract needs an advocate to assure it
      goes smoothly to find out what the client and FSU needs. We are doing some
      standards for how we negotiate with clients and the pricing. At the last council
      meeting there was a suggestion for a client guide and we are working on that. We are
      working through the suggestions.
     Stu - There was a suggestion for a Strategic Development Committee. I have been
      talking with Bob Rhodes, who has agreed to chair this, Bob Jones and Bob Bradley
      who is doing planning for FSU. Bob Bradley is doing some things we can connect
      with. This is a way to use the experience of a talented advisory group and not have
      planning just done by staff. This can be meaningful. I raised questions in the report
      about the role, services, scope, priorities, capacity and marketing. There are more
      questions I am sure. There are some deep choices about training and other issues. I
      see the FCRC as boutique consulting firm. There is a limiting size for this kind of
      organization. In recent years, by force, we have been opportunistic rather than
     The third initiative involves the linkage of 3 ideas:
     In the beginning we were called the consortium with bases at other universities. We
      still have an office at UCF and have had offices at FAU and FGCU. Bob came up
      with the idea of a Florida Solutions Alliance that would bring other groups together.
      We have several papers that explain these concepts. This includes the idea of
      collaborative governance, a term used by foundations and others. At the core it
      recognizes that government can’t do it alone. Governance is used to go beyond just
      government. The other part is collaborative.” The Policy Consensus Initiative is
      organizing a new network of university centers. Harvard and Washington are good
      examples of how to provide neutral forums and community problem solving.
     We want to first do an inventory of what has and is being done in the state. This will
      be done to provide something back to the BOG. There are 557 centers at the
      universities. We want to see what they do and what their interests are. Bob Bradley
      suggested talking to President Delaney at UNF. [Bob – We will take this in small
      steps and talk to those who may see us as a competitor. The legislature is looking for
      consortium efforts to reduce duplication of effort. There is a value of talking at a
       high conceptual level and provide a way to talk to state leaders about a strategy for
       state issues.

   Member Comments
    Bob Rhodes noted he had agreed to chair the committee. He suggested Stu had
      identified some good initial strategic questions and the committee is certain to have a
      few more. There is nothing like a fiscal crisis to focus the mind.
    We will need to staff this effort but want to get initial direction from the committee.
    We will have a 3 meeting process: spring, report to advisory council and a meeting in
      the Fall.
    We want to conclude by the end of 2008.

D. Building Code Project – A Case Study

Jeff Blair introduced the FCRC’s work with the Florida Building Commission as an
introduction to the guest speaker, Raul Rodriguez, chair of the Commission.

      This has been the longest continuing FCRC project, 1996 to 2008.
      The 23-members on the commission all have specific groups they represent, except
       the chair. The Governor appoints the chair.
      The focus initially was to develop the Florida Building Code. This was difficult
       because of all the state agencies, local government and stakeholders (the building
       trades) had different and sometimes competing agendas.
      This Commission has been successful. The Legislature gives the Commission about
       10 assignments per year.
      Rick Dixon, the director, the legal counsel and I have met with Raul every 6 weeks
       for 10 years.
      Steve Pfeiffer was the first chair of the Commission.
      The code is part of a system that also includes, education, and enforcement.

Steve Pfeiffer, a council member and the first Chair of the Florida Building Commission
introduced Raul Rodriguez to the Council:

      When I met Raul I was concerned about the success of the Commission. After 30
       seconds I was sure he was the right person to carry on the consensus process. There
       was no other way to deal with the building code. No one could just force their point
       of view. The Home Builders Association and insurance industry are both powerful
       and there were others too. Without consensus nothing would have happened.
      Raul has practiced architecture based in Miami for 30 years, has received many
       Miami and state design awards. He has worked for state and local governments and
       universities. He is part of a school of architecture that is exciting and sustainable.

Raul Rodriguez offered thanks to Steve and to Jeff and noted he too was concerned when he
met Steve and he too was as quickly reassured. Some of the point made included:
   “I committed to the Governor that I would serve from April to July of that first year
    and here I am after 10 years only because I am in awe of the Consortium, Jeff and
    Bob’s expert assistance and the DCA staff especially Rick Dixon. They have made
    me look good which is not always easy.
   “My partner emphasized that the code was objective. You comply with it or not.
    The local agencies have jurisdiction over it. “
   The appointment was clouded by the fact that there was concern in Miami about
    reducing the new standards after Hurricane Andrew and the impact on product
    approval. “Politicians saw it as a way to scare people. The local newspaper scared
    people too. It was an uncomfortable climate to begin building consensus in. “
   “I was concerned about the amount of time this consensus building would require.
    Steve mentioned collaborative governance. I have lived in Miami for 49 years. In
    my home country [Cuba] things are not done collaboratively. There is a little Fidel in
    each of us. I survived the first couple of meetings. One thing that helps was
    insisting people to come in and advocate their positions and not demonize others.
    Everyone who comes before the commission leaves knowing they have been h eard.
    Sometimes it takes time.”
   “We worked out trade-offs that have protected the consumer. The controversy
    regarding putting air conditioning units in the attic was an example. It was permitted
    with protective conditions. “
   “We have had pressure from the insurance industry. Each industry wants to make
    money. We joked that the ideal house of builders would be made out of straw and
    the insurance company wanted concrete bunkers. The Consortium has brought
    process discipline. Commissioners have to commit time for meetings and being on
    sub-committees. There is also a lot of study and preparation. It has been interesting
    to see the harmony that has developed over time with the assistance of the FCRC
    and DCA staff. “
   We got aggressive press from the insurance companies criticizing the commission on
    some issues. The commission managed to stick to their standards and maintain
    support of the legislature. “These are life safety standards that are sacred and we
    negotiate the best way to achieve them.”
   The facilitator calls these folks “stakeholders.” Others call them "special interests."
    The legislature always is tempted to yield to the special interests but they have been
    supportive. There is a 2-way communication with the legislature. They have a
    political process while ours is a technical process.
   “Who ever it was that designed this mechanism was very wise. It does not give
    immediate gratification but it works. We voted to set a 75% majority and we
    deliberate until we achieve that. Jeff asks, “who has heartburn over this?” The
    process has been validated by the successful building code that has been developed,
    including the code, code plus and more. If it weren’t so, working people would quit
    coming. The industry comes and presents and is part of the public process. We
    have a diverse state with unique needs. :

   “We have to earn our wings everyday. If we do, we will be heard. If you just impose
    your will it won’t work. Most who come before the commission may not get
    everything they want. “
Steve Pfieffer noted that the Building Code may be the most facilitated group in the world.
Bob Jones noted its process has received national recognition.

E. Next steps

Bob Jones thanked the members for their active participation and noted the following next
     The Development committee will be doing their work over the Spring and Fall of
     We will report on the legislative session and what we are doing to survive at the
       September meeting. We will also update you on the BOG initiative.
                           Florida Conflict Resolution Consortium
                             ADVISORY COUNCIL MEETING
                               FSU University Center, 5th Floor
                                   Thursday, February 7, 2008
                                       Tallahassee, Florida

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                             PROPOSED MEETING OBJECTIVES
   To provide an update on CRC strategic view going forward and an update on budget, projects
    and business strategies;
   To review activities and identify FCRC opportunities in 2008;
   To review quality enhancement and strategic development efforts;
   To provide guidance on strategic priorities in 2008; and
   To present some leadership lessons learned from the FCRC’s work with the Florida Building

                                         DRAFT AGENDA

10:00      Welcome, Introductions/Roll Call and Agenda Review-Robert Bradley, Chair, FCRC
           Advisory Council, VP for Planning and Programs, FSU
10:10      Overview and Context for FCRC Planning and Projects- Director’s Report
           o State budget and economic downturn
           o FCRC Budget overview and update
           o Project overview and update
10:30      Identification of Key Opportunities in 2008
11:00      Strategic Development- Dr. Stuart Langton
           o Progress Report on FCRC Quality Enhancement
        o Strategic Directions- Deepening the SUS Connection and Promoting Collaborative
             Leadership and Governance.
        o FCRC Strategic Directions Committee, Robert Rhodes, Chair
11:45   Next Steps - Bob Jones
12:00   Lunch Presentation- Leadership Lessons Learned: Raul Rodriguez, Chair Florida
        Building Commission and Steve Pfeiffer, Vice Chair, Florida Building Codes Study Commission and
        initial Chair, Florida Building Commission
1:00    Adjourn
                  Florida Conflict Resolution Consortium
                             PROJECT LIST
                               January, 2008

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Strategic focus: regional consensus building efforts involving local governments and statewide planning


        Committee for a Sustainable Emerald Coast. (4 county initiative). DCA funding, 25 member
         executive order regional planning committee. (September 2006- December 2007)
        Central Florida Visioning Initiative. (7 county effort) working with, ECRPC and
         Central Florida MPO Alliance. Funding form FDOT. (July 06- September, 07)
        Indian River Lagoon Listening Forums (FCRC facilitated listening forums in 6 counties to
         develop a strategic communications plan for the National Estuary Program. (2007)
        Capital Region Transportation Planning Agency Strategic Visioning Workshop. Interviewed
         CRTPA elected officials from 3 counties and facilitated a visioning workshop. (September-
         October, 2007)
        Port Everglades This involved planning and facilitation of two meetings of local, state and
         federal agencies to seek consensus on a Habitat Equivalency Analysis, HEA for a proposed
         dredging project at Port Everglades in Fort Lauderdale (September – November, 2007).
        Environmental Science and Policy Center The FCRC assisted in developing this new center and
         facilitated a meeting of key partners to clarify priority springs and ground water research and
         policy activities and roles for the Center (October, 2007).
        Leon County Canopy Roads Workshop. Stakeholder workshop to develop plan (November,
        Disability Solutions for Independent Living This was a two-day strategic planning retreat for
         board and staff members (January 2008)

          South Florida Regional Transportation Authority. (3 county effort) Design and facilitate a
           strategic visioning process for Board and staff (Summer, 2007) (Bob, Hal, Jim Murley ($10,000)
          Campus Master Plan Collaborative Regulation Process (FSU, UCF, FAU) Under the
           BOG contract. (Jan 2008-Fall 2008) (Bob, Evan Rosenburg, Jim Murley, Steve Pffeiffer)
          Neptune Beach Visioning (UCF/IOG and FCRC)
          Eustis Visioning (FCRC)
          Seminole County Joint Services Advisory Committee
           Krome Avenue, Miami-Dade Public Involvement Process
           Hendry County Preparation and facilitation of the Commissions annual strategic planning
            retreat (April 2008).

         Our Region Tomorrow- Capital Region Visioning Plan ( 2008-09) In cooperation with the
          Tallahassee Chamber of Commerce, the Capital Region Transportation Agency and Apalachee
          Regional Planning Council.
         Wakulla (Tallahassee and Leon) Septic Tank Study and Policy Development, (Center for
          Economic Forecasting and Analysis, Tom)
         Cape Coral, North Spreader Ecosystem Management Project (Rafael and Tom)
         Heartland Regional Committee. Building on previous county visioning effort, work with DCA to
          create a committee to work on issues. Potential partnership with CUES
         CRTPA Long Range Transportation Plan- Mobility Plan Development Process
         Miami Dade “visioning” initiative (Rafael, Murley)
         Keys/Monroe County EARS (Amy, Rafael)
         Babcock Ranch implementation (Rafael)
         Possible statewide Growth Management committee (Bob)
         Governor’s Climate Change process/committee (with Jim Murley)
         Possible Rural Lands/ Florida Forever committee- DACS, 1000 Friends, DCA building on “case
          for action” from January, 2007 leadership dialogue(Bob/Hal)
         Leon County Canopy Roads Workshops (possible future workshops)?

         Family Network on Disabilities of Florida This was a three-day team building and planning
          retreat for the FNDF Board (September 2007)

           SUS Board of Governors, Florida Solutions Alliance Assessment (Bob, Stu, Jim Murley)

         Strategic Intermodal System statewide stakeholder committee
         Florida 2030 Transportation Plan statewide stakeholder committee
         Florida Ports Council strategic development (building on 2007 work)


           SF Ecosystem Restoration Task Force Facilitate selected meetings under DOI contract (2008)
           Gulf Region Airspace Initiative- Northwest Florida- DOD sponsored facilitated stakeholder
            process (2008-2010)
           Project Fish Smart Marine Conservation Initiative (national fisheries adaptive management
            program, University of Maryland (2008-2009)
           FL Keys National Wildlife Refuge, Predator Management Plan. This involves an
            assessment and meeting with key stakeholders to seek consensus on controlling feral cats,
            raccoons and other predators. (2007-08)

         Possible new Everglades Commission (Bob)
         De-compartmentalization Project, SFERTF (Bob/ with Barbara Stinson, Meridian Institute)
         Climate Change- Local/Regional Solutions (Bob) (with National Policy Consensus Center,
          Portland State Univ., Mayor Becker, Salt Lake City, Jim Souby, Park City Center for Public

Strategic focus: consensus building opportunities involving regulated industries and stakeholders.


         SFWMD Lower Kissimmee Chain of Lakes Management Plan Update with Hunters and others-
          Assessment and Stakeholder Advisory Process -Assessment and facilitated planning committee


           Consumer Fertilizer Task Force- DACS (Sept 07-Jan 08) consensus report to legislature
           Consumer Fireworks Task Force- DACS (Sept 07-Jan 08) consensus report to legislature
           Lobster Stakeholder Advisory Board-FWC –Recommended Management Plan
           Green Buildings Workshops- DCA (Florida Building Commission) (2007)

           SUS Campus Master Plan Regulation work group (2008)
           DCA- Florida Building Commission- facilitation and process design, 10th year. 101K, 07-08)
           Interagency Services for Youth with Disabilities Committee, AHCA, 4-07-2-08)
           FWC Florida Quota Hunt Program Stakeholder Work Group and Rule Development (74K)
           DACS- Pest Control Enforcement Advisory Council (18K)
           DACS - Florida Coordinating Council on Mosquito Control ( 20K)
           DEP- ELRA Enforcement Mediation Contract for Mediation Referral (16K)


           SFWMD Training Pilot- (July 06- June 07)
           DOH Basic and Advanced Mediator Training
           Consensus Building for Planners, FSU Dept. of Urban and Regional Planning (Summer 2007)
           Eye of the Storm: Conflict Management, City of Tallahassee (August, 2007)
           Facilitating Effective Board Meetings, City of Melbourne (September, 2007)
           Managing Change, City of Tallahassee (October, 2007)
           Conflict 1, City of Tallahassee (January, 2008)
         League of Cities Training-Advisory Committees (UCF/IOG Marilyn)
         Florida MPO Advisory Council Institute
         Natural Resource Leadership Institute (UF/IFAS, FCRC
         New College Academic Strategic Plan (UCF/IOG)
         Managing Change, City of Tallahassee (Tom February 27, 2008)
         Managing Multiple Projects, City of Tallahassee (Tom February 28, 2008)
         Effective Advisory Boards and Committees, FL League of Cities, Vero Beach (February,
          2008), Opa-Locka (February, 2008)Cape Coral (March, 2008), Tallahassee (May, 2008)

      FSU Strategic Plan, 2007 (with Bob Bradley)