Loading...
1991-10-28 Morell to DCA & Jennings MICHAEL WM. MORELL ATTORNEY AT LAW 705 FOREST LAIR ADMINISTRATIVE AND GOVERNMENTAL LAW TALLAHASSEE, FLORIDA 32312-1744 ALSO ADMITTED IN THE ENVIRONMENTAL AND LAND USE LAW DISTRICT OF COLUMBIA 904) 666-7274 (904) 668-1o,_ .AX October 28, 1991 VIA FACSIMILE TRANSMISSION (904/488-3309) Robert Pennock Chief, Bureau of Local Planning Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Re: DCA v. City of Okeechobee, DOAH Case No. 91-5962GM; DCA Docket No. 90-NOI-4702-(N) . Dear Robert: The purpose of this letter is to confirm the details of four telephone conversations I have had with representatives of the Department recently concerning the scheduling details and process for negotiating a settlement in the above-referenced case. On or about October 16 , 1991 I had a telephone conversation with Randy Fox. During that conversation I requested that Randy provide me with copies of plan policies and other information about planning approaches agreed to by the Department and local governments in other cases to settle issues similar to those alleged by the Department in its Statement of Intent to Find the City of Okeechobee ' s Plan Not in Compliance. I further stated to Randy that after receiving the Department' s suggested plan policies and other information, the City would review them to see if similar policies and approaches are suitable for the City of Okeechobee. Randy stated that he would try to send me the requested information in advance of the City' s first settlement negotiation meeting with the Department. During our conversation on October 18, 1991, I informed you that I previously had spoken with DCA Assistant General Counsel Karen Brodeen on October 7th and 8th, 1991 . I informed you that during my telephone conversation with Karen on October 8th, she stated that the Department has agreed to negotiate with the City in accordance with the partial settlement policy announced by Secretary Sadowski in an article he published in the June 1991 issue of Florida Planning. (A copy of the Secretary' s article which describes that policy is attached to this letter for your convenience. ) During my conversation with you on October 18th I also stated that I had been provided a copy of your August 20, 1991 correspondence to Mayor Kirk in which you outlined the Department ' s Robert Pennock October 28, 1991 Page Two suggested process for negotiating an agreement with the City. I further stated that the City would not be submitting any draft proposals in writing at the first meeting but that any proposals which the City may subsequently develop would be presented in writing. On October 23, 1991 I had a telephone conversation with Melba Ulmer. During that conversation Melba confirmed that you have agreed that our first two meetings to discuss settlement will be held at the Department on Tuesday, November 12, 1991 from 10 : 00 a.m. to 1 : 00 p.m. and on Monday, November 25, 1991 from 10 : 00 a.m. to 1 : 00 p.m. I told Melba that I would inform counsel for the intervenors about the time and location of these meetings . By copy of this letter to Randi Fox and Karen Brodeen, I am requesting that you, Randi and Karen please let me know immediately if I have misunderstood or misstated the substance of my phone conversations with each of you. Robert, I look forward to meeting with you, Karen, Randy and counsel for the intervenors at our first meeting on November 12th. I am mailing the original of this letter to you under separate cover by U.S . Mail . With best personal regards, I am Sincerely, oilhatikkildg Michael Wm. Morell MWM:mm Enclosure cc . John Drago, City Administrator Karen Brodeen, DCA Assistant General Counsel Randy Fox, DCA Planner Lester Jennings, Esquire (counsel for intervenors) INCA Report: Department Undertakes New Initiatives to Address Planning Needs of Rural Cities and Counties by Secretary William E.Sadowski Florida Department of series of technical assistance governments have submitted Community Affairs workshops has been sche- plans with new and doled to be held throughout innovative approaches to As we complete the first phase of the rural areas of the state to density. All of this infor- statewide comprehensive planning, ensure that local officials are mation will be made available the Department of Community Affairs fully informed about the array and disseminated at the (DCA) is taking extra steps to help of rural planning approaches workshops and through our Florida's more rural counties and cities that have been found technical assistance program. comply with the 1985 Growth acceptable by the Depar- I am hopeful that these steps Management Act. tment. will make it easier for rural local governments to reach Since January,my staff and I have • Supplemental Appro- satisfactory solutions on the had numerous discussions with priation: In response to density issue. representatives of these communities concerns expressed about the about the need to recognize differences inability of many rural local • Partial Settlements: The between urban and rural areas as we governments to fund prepa- Department is instituting an plan for Florida's future. Local ration of their plans and experimental approach to governments in north and central LDRs, DCA and Governor settlements of comprehensive Florida are the last to submit their Lawton Chiles requested a plan cases that will embrace comprehensive plans for DCA review $1,077,190 supplemental the settlement of certain under the schedule requiring all plans appropriation, which the issues while other issues are to be in byJuly 1. Ourpurpose is to help Legislature approved. These left for determination by the these communities adopt plans that funds will be distributed to hearing officer and the are in compliance with the state law, small rural counties (under Administration Commission. 50,000 population) and cities Negotiations will take place DCA's new efforts include: in those counties. An as they have in the past. If additional $200,000 will also settlement on all of the issues • Technical Assistance: The be passed through to small in the statement of intent Department has initiated a cities which, though not cannot be reached, the new program to increase located in small counties,may Department will accept a technical assistance to rural need additional financial partial settlement of discrete, communities. DCA staff assistance to complete their unrelated issues through a members have been directed to plans and LDRs. This stipulation between the make themselves available for , supplemental appropriation Department and the affected consultations and meetings is in addition to other funding local government stating that with local officials to help solve which will continue to be the provision in question is not problems in the preparation of available for these purposes. in compliance; that the both plans and land inconsistency can be corrected development regulations • Density: Although I am not by adopting agreed upon (LDRs). A technical assistance prepared to make material remedial measures; that the team, consisting of state and changes in the Department's proceeding will go to hearing local people with experience past policies regarding on all other unrelated issues; and knowledge about rural density, I have pressed our and that the Department will planning issues, is now staff to be as flexible as seek no sanctions related to or available to provide possible in reviewing plan arising out of the agreed upon specialized assistance to densities and to generate new provisions. individual rural communities ideas and approaches for upon request. dealing with densities. At the This approach is meant to • Technical Workshops: A same time, several local Continued on page 19 June 1991 /Florida Planning I Page 3 SCHEDULE OF WORKSHOPS • "Any fact facing us is Ch. 163/Rule 9J5 Rural Assistg>ace, not as important as our • June 12 7-9PM • May 29 '10-5PM attitude toward it, for Ft. Myers Leesburg • June 13 10-1PM • June 12 10-5PM that determines our Miami Sebring . • June 19 7-9PM • June 26 ._ ' '10-5PM success or failure . Daytona Beach Marianna . • June 20 10-1PM • July 10 : I.4-5PM.:. St. Petersburg Lake City :,'',' : :;:i • June 21 10-1PM Norman Vincent Peale Tallahassee • June 24 7-9PM Marianna For Mare Informatiari'.:"..... ` :> `: CAN YOU AFFORD ORD• Ch.163'R'4$J$ Rural AssistancEs :: . Mike Cavanaug : Am eat : NOT TO? -•(904)922-.54sa: <> a904)4 s !6 > > DCA Report continued from page 3 If you advertise in Florida Planning, provide an alternative for those smaller local governments which have inadequate staff and other your message is seen by members of ff resources to accomplish either total settlement or Florida APA and many of their hearing preparation in the allotted time and in a colleagues, clients and friends reasonable manner. throughout Florida. If your business is • Ratios: At our April 1 meeting many local officials geared for those in the planning field,you expressed concern that the Department automatically won't find a more targeted audience at a disapproves plans which allocate more than 1.25 times for residential land use than supported by data and more reasonable price. analysis. As far as I can determine,this Department does not apply such a rule. While the Department Display ad space is available in 1/4 closely scrutinizes all plans, land use allocations in 1/2 page and full page formats. Call excess of 125 percent do not automatically result in a page, p g p g determination of non-compliance. It is my 904/222-0808 for Rate Sheet and further understanding the Department has approved plans information. from rural areas which allocate considerably more residential land than is actually supported by a strict view of data and analysis. • Reliance on Population Projections: There was also a feeling that the Department relies exclusively on GROWTH MANAGEMENT population projections to determine land use allocations. While we utilize population projections, SHORT COURSE the Department also considers other factors such as SCHOLARSHIPS the amount of land needed to accommodate anticipated growth,the character of undeveloped land, the availability of public facilities and services,and the To apply for scholarship(per page 15), send a need for redevelopment, in determining appropriate statement of interest to Richard Levey, FAPA Vice land use allocations and development patterns. President, Planning Department,400 S. Orange • Growth Management Review: The Department is Avenue,Orlando, Florida 32801. Specify your beginning a comprehensive review of various aspects name, address,phone,position, and why you feel of the growth management system. This review will you should be selected. Deadline is June 21. You start with a series of workshops across the state to must be an FAPA member to apply. comprehensively review Chapter 163, Part II, F.S., and Rule 9J-6,F.A.C.This should present an excellent opportunity for all local governments to further define their concerns and,hopefully,their solutions. June 1991 t Florida Planning I Page 19 MICHAEL WM. MORELL ATTORNEY AT LAW 705 FOREST LAIR ADMINISTRATIVE AND GOVERNMENTAL LAW TALLAHASSEE, FLORIDA 32312-1744 ALSO ADMITTED IN THE ENVIRONMENTAL AND LAND USE LAW DISTRICT OF COLUMBIA (904) 668.7274 (904) 668-1, AX October 28, 1991 Lester W. Jennings Attorney at Law Post Office Box 237 Okeechobee, Florida Re: DCA v. City of Okeechobee, DOAH Case No. 91-5962GM Dear Lester: Enclosed please find a copy of a letter dated October 28, 1991 to Robert Pennock, Chief of DCA' s Bureau of Local Planning. Pennock will be the chief negotiator for DCA during settlement negotiations in the above-referenced case. The letter contains basic information on the settlement discussions which will begin on November 12, 1991 . I have also enclosed a copy of the correspondence and materials which Pennock sent to Mayor Kirk on August 20, 1991 concerning DCA' s suggested process for negotiating a compliance agreement with the City. You may wish to familiarize yourself with this material before our first meeting scheduled on November 12, 1991 . With best personal regards, I am Sincerely, (610Q(Aiitildf2 Michael Wm. Morell MWM:mm Enclosures