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1991-11-06 Morell to 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) 668-7274 (904) 668-1893 FAX November 6, 1991 VIA FACSIMILE TRANSMISSION (813/467-2570) Lester W. Jennings Attorney at Law 110 N.E. Third Avenue P.O. Box 237 Okeechobee, Florida 34973 Re: Confirmation of reservations for November 11, 1991 Dear Lester: The purpose of this letter is to confirm that I have reserved three rooms with king size beds for you, Frank Altobello and Robbie Hoover at the Cabot Lodge located at the intersection of Interstate 10 and Highway 319 (the Thomasville Road) . The rate for each room is $56 . 00 plus tax. I guaranteed the reservations in your name and gave them your American Express Card No. 3728-261894-13006, Expiration Date 2/94 . I told the Cabot Lodge that you would probably be arriving before 6 : 00 p.m. on Monday, November 11, 1991 and would be departing on Tuesday, November 12, 1991 . The clerk at the reservations desk said that if you wanted to cancel the reservations you should call 904/386-7500 before 6 :00 p.m on November 11th. The confirmation number for the block of three rooms is 8183 . I look forward to seeing you, Frank and Robbie on Monday. Call me when you arrive at the Cabot Lodge. My home is only about 1 mile from the Cabot and I will come over and the four of us can go out to dinner and discuss the negotiations . In the meantime, If I can be of any further assistance, please do not hesitate to call . With best personal regards, I am Sincerely, Michael Wm. Morell MWM:mm TECHNICAL INFORMATION FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS VOLUME 6 • NUMBER 4 SEPTEMBER • 1991 FEATURE DCA's Commitment toAffordable Housing Interview withSecretarySadowski The 1990 census confirms what we already knew. Florida has grown Editor's Note: Soon after his appointment as Secretary of the Department of Corn- by almost 900 people every day over munity Affairs, Technical Memo staff interviewed William E. Sadowski. In this the past decade. Now we're over 13 mil- interview,Secretary Sadowski shared his views on his priorities for the Department, ways lion,the fourth largest state in the nation to better coordinate Florida's growth management efforts at the state level,and DCA's and headed toward third. By the year review of local government comprehensive plans. 2000,our population is projected to reach 16 million. During the same period,the 1. What changes do you wish to make and to deal with density problems both number of Floridians who live below the at the Department of Community Af- emotionally and politically.We must ap- poverty level will grow from today's 1.7 fairs? What are your immediate priori- proach this problem with flexibility. ties and your long term priorities for the There is a natural tension between agency? DCA and local governments.We have to say"no"from time to time. But we must SECRETARY'S COLUMN The local comprehensive planning develop a positive relationship with those ,, , WILLIAM E.SADOWSKI process has nearly reached the end of its with which we interact—local govern- first major phase,and we're now entering ment officials and private citizens—but the next phase.We must now pause,re- at the same time,we must not compro- million to 2.1 million.Even today,more fleet,see what we've wrought,look at it mise the growth management system. than two million Floridians face critical with candor,and look for things to change. There are different ways to say"no." housing problems:they either live in sub- I view the plan amendment process as We must stop making local governments standard conditions, or they're paying an opportunity for creativity. Adopted guess the right answer and be polite,con- more than they can afford for housing. plans are the hard core documents. siderate,positive,and helpful within the i The need for affordable housing in Amendments give us the opportunity to parameters in which we operate. 1 Florida is undeniable. Shaping a sound fine tune these plans and turn them into The next half dozen years should be affordable housing policy for this state something more meaningful. They can loads of fun. It shouldn't be drudgery, and forming a productive housing part- become living documents for local gov- trying to defend good plans against bad nership between state and local govern- ernments and DCA.Our people and local amendments.Amendments can be a fun, ments and the private sector will be governments must get their creative juices continued on page 4 emphasized while I am secretary of the flowing.Our agency must take the lead to Department of Community Affairs. make local governments realize that jNSIDE Affordable housing will share top prior- amendments and the five-year review cycle ity with our broader growth management are opportunities. We must make sure responsibilities because housing and that the ideas that we've gotten from re- Regulations 2 P g g Environmentally Sensitive Lands growth management go hand-in-hand. viewing 459 local government plans are Governor Chiles' Growth Manage- available for consideration by local gov- Ask DCA 6 ment Task Force included the following ernments. Siting Cellular Telephone Towers comments in a recommendation concern- Density is a highly charged issue.We pi g Notes 8 ing DCA's housing programs: "[DCA's must figure out how we can get people to continued on page 2 buy into the growth management system FEATURE from page 1 agencies: the Departments of Environ- In the statewide scope of planning,so mental Regulation,Transportation,Com- far the locals are ahead of the state.Thus creative experience.The plan review proc- merce,Labor and Employment Security, far,the state has said do as we say,not as ess has had a brutal effect on planners Community Affairs,and the Governor's we do. There is a void at the state level. and has robbed them of the potential for Office of Planning and Budgeting,of which The state coordination group is the first creativity. DCA is the lead agency. We have been step to adopting a meaningful state com- Regarding housing,we have a lot of directed to: 1) Develop procedures so prehensive plan. discrete programs. I don't understand that when people come to DCA and DOT, Governor Chiles and Lieutenant how they relate to each other, and my for example,they don't get different an- Governor MacKay have said that Florida fear is that they don't. We need to under- swers to the same question;2)develop a is a community,not a crowd.We should stand what the needs are,and we need to single stop permitting system; and 3) take care of the people here,take control get a background/fabric within which to develop a division and strategic plan on a of our own destiny.To enhance the eco- fit the programs. We need to come up coordinated basis. We are to take the nomic base in the state, we should do with a coherent relationship between our Chiles/MacKay vision and develop spe- more that just lure more people and new housing programs and to bring our vari- cific,programmatic budgetary responses business to the state.In the past,Florida ous programs together. to flesh it out. has said"Come take us and use us as you The relations between the Division of Members of the Strategic Manage- wish." Now we are the fourth largest Housing and Community Development ment Program have been meeting regu- state,and we must take care of the people (HCD) programs and planning are im- larly since mid-January. Intellectually,it here. We don't need to invite new folks. portant. Planning has tension, but we Our old policy resulted in populating also need to bring happiness and joy to the state with people who came here for the lives of those under our purview. We low taxes and cheap labor. We have con- must facilitate their visions by offering Governor Chiles and I L Gov sequently created a constituency of folks money and programs to implement hous- who are very reticent about paying for ing elements--whether through Commu- MacKay have said that Florida is government and education. In short,we nity Development Block Grants(CDBG) a community, not a crowd. We have shot ourselves in the foot. Instead, or Community Development Corpora- should take care of the people we need to broaden and diversify our tions(CDC)--to help local governments here,-take control of our own economic base and take advantage of our achieve the visions they've articulated in geographical location between the main- their plans. We must start to view our destiny. land states and the Caribbean basin and role as both planners and enablers. These South and Central America. two functions must be brought together. Tom Pelham did an excellent job. He 3.Florida's growth management laws was the right person at the right time to have been criticized for not giving enough carry Florida into the growth manage- is a fascinating exercise. It is the first time emphasis to economic development.Do ment phase that we're now completing. I this has been attempted. This small clus- you see the department getting more was glad it was he and not I. I may be ter of agencies will eventually be expanded. involved in economic development in better suited for this next phase. Eventually, HRS will be brought in, as the future? The Department of Community Af- will cabinet agencies. fairs is misnamed. Instead, the depart- The long range vision is exciting. Plan- Under Section 163.3177, F.S., local ment should be named the Department ners should have the top-of-the-line governments may prepare an optional of Planning and Coordination. We need computer equipment. While Iwas at the economic development element. Eco- to be stressing coordination. We need to Southwest Florida Water Management nomic development should be an essen- add people with coordination skills.For District,computerization increased the tial ingredient to any growth manage- example,earlier this morning I was talk- productivity of our existing people. ment or planning program. We can't ing to someone concerned with trans- Computers make life more fun and more sustain planning without economic de- portation planning,and he pointed out productive. velopment. There are many small local to me the multiple layers of government governments that may not have economic involved in implementing a comprehen- 2.Florida's growth management laws expertise. We should help them out. sive transportation plan. are designed to be implemented at the By folding the Departments of Labor To better coordinate the state's net- state,local,and regional levels.The first and Commerce in the cluster with DER, work of agencies,the Governor and the round of review of local government corn- DNR,and DCA,the Governor and Lieu- Lieutenant Governor have initiated the prehensive plan is scheduled to end this tenant Governor show that they view all Strategic Management Program,which year.How are things working at the state of these agencies as being integrated;and involves the coordination of a cluster of level? they are.You can't sustain one without 4 TECHNICAL MEMO FEATURE the other. A case can be made for estab- tory to us.That is the case,at least in the defray planning costs.A lot of them have lishing an economic development corn- context of a home. Perhaps a similar been at the 10 mil cap for extended peri- ponent within this agency to help local approach would benefit the development ods.They enter into a $50,000 contract governments that lack economic devel- and review of local comprehensive plans. with a planning consultant and by the opment expertise. We need to form technical teams to time all the reviews are complete, they assist small local governments, to help get hit with a$200,000 contract. In some 4.You recently met with represents- ease them through the process.Our repu- counties,one mil generates only$40,000. fives of 25 rural counties who voiced tation is that of an ogre in some jurisdic- The revenue generated by 1/10 mil in concerns about the department's poli- tions.We have a vested interest in shap- Dade County would finance some rural cies concerning comprehensive planning Mg our future.We shouldn't make people counties for years. We must be sensitive in rural areas. What are their concerns guess.We can minimize the trauma a lot to this. and how can the department respond to more than we have. The process is threat- them? ening to them;it is awesome;it is unlike 5.Do you intend to make any changes anything they've ever done. And they'd in the department's approach to review- Our attitude toward local governments prefer not doing it,but they are required ing local comprehensive plans? has been criticized as being distant and to do it;so we should help them through unhelpful. We should make ourselves the process and be sensitive to their needs. We will continue our past patterns of available and helpful with everyone we There are a lot of misconceptions out review until I feel comfortable about deal.We shouldn't draw a line in the sand in the rural areas as to what is required of changing it. and say we will let them cross it when they them. And, frankly, a lot of planning give us the right answer.Rather,we should consultants aren't contributing at all to 6. The state has provided about $35 work in a positive mode with these folks. million in grants to local governments That's just good human relations. It's a for comprehensive plans, LDRs, and matter of good policy and good politics. What we are trying to achieve on a compliance agreements. Do you see a We've got a load of good information statewide basis is a coordinated need for continued funding for 5-year here,and we should make it available to system for managing and planning plan updates and implementation pro- people. There are different ways to say grams? our"no,"and sometimes you don't have tom We have a vested futur say"no";you go on to different subjects interest in this system both The state needs to continue providing until you come up with positive results. individually as citizens and as the support to some local governments that We should be solution finders rather department charged with that are less wealthy if they are to have a than problem identifiers.We should help decent chance of dealing with planning people find a way around a problem rather and regulation. just identify the problem. ORC [objec- tions,recommendations,and comments] 7. How important of a role has the reports are fearsome-looking documents. better understanding in a positive way. stipulated settlement agreement played They seem to focus more on preserva- We can be a more positive and contribut- in the local government comprehensive tion of legal options than on communi- ing force. planning process? cation in clear English.Major issues are What we're trying to achieve on a identified in a cover letter,while the ORCs statewide basis is a coordinated system Dispute resolution is the key to the themselves are long laundry lists of tech- for managing and planning our future. whole process. There clearly needs to be nical jargon. Deeply buried in the legal We have a vested interest in this system a vehicle for resolving differences.There mumbo-jumbo are the options and con- both individually as citizens and as the needs to be some sort of mechanism within cerns that should be readily accessible in department charged with that responsi- the system to resolve differences before the document. bility. And it shouldn't be a matter of going to administrative hearings. We've got to know what we are deal- forcing people to guess what we require Stipulated settlement agreements have ing with. It is hard to evaluate a local plan and what the bottom lines and the vari- been instrumental in keeping DCA and without knowing about the local govern- ables are. It's just not fair to expect local local governments out of administrative ment.I don't think you can do that fairly governments without substantial plan- hearings. So far,65 local governments or appropriately. For example,when my ning departments to sit back and start have brought their comprehensive plans wife and I decided to add to our house,we everything from scratch.Our role as a de- into compliance through settlement agree- invited the architect to spend the week- partment is to be an interface between ments; another 54 have either entered end with us. That way he could get the state and local government. into or are currently negotiating agree- feel of the house and of our needs. The We're also going to shake loose addi- ments with DCA . results of the process are very satisfac- tional money to help the rural areas to SEPTEMBER • 1991 5