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HomeMy WebLinkAbout2/17/1993SPECIAL MEETING Wednesday, February 17, 1993 The Board of County Commissioners of Indian River. County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida on Wednesday, February 17, 1993 at 9:00 A. M. Present were Richard N. Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Diane Albin, Deputy Clerk. The Chairman called the meeting to order and read aloud the following proposed letter: BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 5674WW February 17, 1993 The Honorable Patsy Kurth Florida Senator State Senate - 16th District 258 Senate Office Building Tallahassee, FL 32399-1100 The Honorable Charles Sembler II Florida Representative State House - 78th District 407 House Office Building Tallahassee, FL 32399-1100 Dear Senators and -Representatives: Suncom Telephone: 224-1011 The Honorable William G. Myers Florida Senator State Senate - 27th District 342 Senate Office Building Tallahassee, -FL 32399-1100 The Honorable Bill Posey Florida Representative State House - 32nd District 14 House office Building Tallahassee, FL 32399-1100 The Board of County Commissioners of Indian River County is concerned about excessive external involvement in local planning and zoning decisions in general, and specifically is opposed to the extra layer of bureaucracy required by our county's involvement in the Treasure Coast Regional Planning Council. At its February 17, 1993, meeting, the Board of County. Commissioners voted unanimously to relay our concerns about the Planning Council to our local delegation in hopes that the delegation could sponsor some remedial legis- lation. FF R 17 1993 8009 8 864 BOOK 88 NK 65 -1 The Board's first choice would be.to abolish the Treasure Coast Regional Planning Council entirely, or, if that is not possible, to restrict its powers to planning and mediation only without any direct control over local governing bodies power to plan and zone. The Board feels that any regional cooperation necessitated by any project can be handled better by the counties of Martin, St. Lucie, Okeechobee, and Indian River through the local council of governments, 'which is in existence in the four -county area, or through other non-governmental groups, which may provide a better forum. We request your'support for the ideas mentioned in this letter and would be happy to meet with you or your staffs in our county or in Tallahassee at any hearings which might be scheduled on bills relating to these matters. Please let us know how we can assist you. Sincerely, BOARD OF COUNTY COMMISSIONERS Richard N. Bird, Chairman RNB/Vk . Chairman Bird explained that this special meeting was requested by Dan Carey, Executive Director of the Treasure Coast Regional Planning Council (TCRPC) as a result of the above letter. Dan Carey related that the TCRPC was formed because local governments wanted to create a new region that would be more responsive to their shared concerns. All four member counties of the TCRPC - Palm Beach, Martin, St. Lucie, and Indian River - are coastal counties and important agricultural counties. He stressed that Palm Beach County is the largest agricultural county in Florida. Mr. Carey explained that regional planning councils enable local governments to participate in decisions regarding developments of regional impact. If a large regional mall is built in one county, it results in wear and tear on the road systems of neighboring counties, and it is important to ensure that some of the taxes and impact fees are allocated for road improvement. Another function of regional planning councils is to provide a person to conduct studies or handle projects rather than four different people in four different counties. For example, the TCRPC hired one licensed contracting engineer to evaluate all the hurricane shelters in the region at a much lower cost than if each local government performed an individual study. Mr. Carey added that regional planning councils provide technical assistance to small municipalities that do not have their own planning staff, and counties can rely on regional planning councils for highly E � r r specialized studies rather than go to the expense of hiring staff. For example, the TCRPC totally funded and organized a test project to revitalize downtown Stuart which resulted in an increase in the occupancy rate from less than 50 percent to nearly 100 percent. Mr. Carey recounted that the TCRPC assisted Lake Worth and Jupiter Farms in redevelopment and is currently assisting Martin County in designing a model affordable housing community. He stressed that if Vero Beach obtains a grant for downtown redevelopment, the TCRPC can provide staff expertise free of charge. Mr. Carey discussed a number of TCRPC projects that in his opinion have been beneficial to local governments: o Mapping and classification of coastal areas, wetlands and upland habitats o Wildlife corridor studies o Marina siting studies o University siting studies o DRI reviews o Resolving conflicts among counties o Hurricane evacuation plans and damage assessment models o Assessment of the economic benefits of wetlands to sport and commercial fishing o Assistance in land acquisition and matching grant applications o Maintaining data bases on hazardous materials, chlorine storage, and census and statistical information o Emergency planning o Economic assessment of the Port of Fort Pierce which resulted in St. Lucie County's decision to expand the Port o Grand Harbor estuary cleanup and restoration o Negotiation of habitat preservation at a 60 -acre development on the St. Sebastian River. o Assistance with Conservation and Recreation Lands (CARL) and Preservation 2000 negotiations Mr. Carey discussed several current projects in which the TCRPC is involved, such as assisting local communities in their attempts to get AmTrak back on the Florida East Coast Railway line. Next month the Emergency Planning Committee (EPC), which is funded by the TCRPC, will be staging a mock chlorine spill in Indian River County and can conduct the same kind of a drill for a nuclear accident. He explained that EPC members include representatives of 3 88 Pn7E 866 FEB J7 1993 r FFR 17 Boa 88 F,�rt industry as well as emergency planning staff from the four counties and major municipalities. Mr. Carey emphasized that many projects require regional planning. For example, if a high speed rail system is constructed in central Florida, it will take the focus away from the coastal areas. Participation in a regional planning council enables local governments to influence the decision on this project. Mr. Carey agreed that many of the TCRPC's responsibilities could be transferred to local governments, which would give his staff more time to concentrate on major projects, such as hurricane evacuation planning and developments of regional impact. He agreed that there is duplication in government agencies. He felt that the Florida Department of Community Affairs (DCA) could be eliminated because regional planning councils are more knowledgeable about local issues and can do a better job than a state agency located in Tallahassee. Mr. Carey stressed that TCRPC staff members have advanced degrees in biology and ecology and have a great deal of credibility with state agencies. He reminded the Board that the TCRPC is not a state agency, although some people have started to view it as a state agency because responsibilities have been delegated to his office that were previously handled at the state level. Unfortunately, the state still reviews everything, resulting in confusion, conflict and misinformation at the local level. Mr. Carey pointed out that not only does the TCRPC save counties much more money than they pay in the form of dues, it can help counties obtain grants. For example, an application for a bike path system grant is currently in the final stages of approval. Indian River County is at the top of the list for receiving the money because the proposal was carefully designed and well thought out. Mr. Carey summarized that this is probably the • fastest-growing region in the United States, with rapid urbanization as well as rapid expansion of agriculture because it is below the freeze line. He felt that the TCRPC has represented the rights of agriculture and development while protecting habitat. He hoped the Board will agree that the TCRPC has done a good job and can continue to do so. He asked the Board to focus on the specific areas where they feel the TCRPC can do better, or areas of responsibility that should be transferred to local governments. Commissioner Eggert commented that she was chairman of the TCRPC when comprehensive plans were being formulated, and that proved to be one of the most frustrating experiences she had ever been through. She realized the TCRPC has had a lot of major accomplishments in terms of studies and planning. However, she felt as though the needs of Indian River County have not been met 4 by TCRPC staff. She felt that the counties could work together on developments of regional impact. Mr. Carey pointed out that growth management will not be thrown totally out the door, and there are times when interlocal agreements are not effective in resolving conflict. For example, airports can have both positive and negative effects on a region. He stressed that county commissioners should call him when they do not agree with TCRPC staff reviews or feel their side of the story was not adequately presented. Commissioner Eggert explained that one problem is that the information packets usually arrive late and the Board does not have time express their objections. The other problem is when she calls with facts she wants to present, she gets an argument from TCRPC staff. The biggest problem is the imbalance between problems and needs of Palm Beach and problems and needs of the other three counties. Mr. Carey agreed that Palm Beach is different; however, the problem of habitat loss is not just a problem in Palm Beach. There has been significant loss in the other counties as well. Chairman Bird thought perhaps the TCRPC has worked itself out of a job to some extent because county planning staffs are a lot more sophisticated than they were in the 1970s. Mr. Carey reminded the Board that although Indian River County has a sophisticated planning staff, the TCRPC serves municipalities as well as counties. He agreed with the Board that the role of the TCRPC needs to be redefined. Commissioner Tippin commented that perhaps there was a time when regional planning councils were needed, but something has to be done about the layering of bureaucracy and redundancy of regulations in Florida. There are areas that require cooperation among counties, but he felt that could be accomplished without a regional planning council. Commissioner Macht commented that like all bureaucracies, the TCRPC has too much staff and excessive authority. He did not agree with all the benefits reported by Mr. Carey and felt that the burden on our taxpayers, not only for dues but in terms of time spent by staff and commissioners running back and forth, is unjustifiable. He felt the TCRPC has outlived its usefulness. Chairman Bird asked if there was anyone in the audience who would like to speak. Dan Dehan, president of Dehan Appraisal Company, spoke on behalf of the Economic Council of Martin County and the Martin County Business Development Board. He felt the perception of the public is that the Treasure Coast is one of the most difficult 5 FEB 1 `� 1993 Bou �� F.+ci 86 L-�A r FEB 17 19q? BOOK 88 F�! UF. 869 places to develop and for new businesses to enter in the state of Florida. one of the main concerns in Martin County is a lack of jobs for young people. The layers of bureaucracy in Florida make it difficult for us to compete with other southeastern states. Lack of growth results in a narrowing of the tax base and private home owners have to pay higher taxes. Mr. Dehan felt that local government and volunteer groups can handle regional problems. He disagreed with Mr. Carey that the TCRPC was responsible for the revitalization of downtown Stuart. He recalled that the Economic Council, a group of volunteers, sponsored a two-day seminar that resulted in Stuart's downtown revitalization, and the Affordable Housing Study came out of a growth management plan which was also developed by a volunteer group. Linda McCann spoke on behalf of the Martin County Agricultural League, which represents 60,000 acres of agricultural property in Martin County and also has many members from St. Lucie and Indian River Counties. In 1989, Martin County's comprehensive plan was being drafted. The TCRPC was the only regional planning council in Florida that required 25 percent of agricultural property to be set aside for uplands habitat preservation. Every other region in the state permitted agricultural land to be cleared and used to its full potential, so representatives of the Martin County Agricultural League appeared before the Martin County Commission to oppose the requirement. In June 1989, the 25 percent requirement was dropped from the comprehensive plan, which resulted in Martin County being not in compliance with the regional plan. Numerous meetings entailing many of hours of discussion were held over a 16 - month period. Citizens groups, mostly from Palm Beach County, spoke in opposition to dropping the requirement. Martin County was not willing to jeopardize its entire comprehensive plan, so a requirement was again imposed for habitat preservation on agricultural properties. This was stricter than the provisions that were eventually adopted in Indian River and St. Lucie Counties. Ms. McCann felt that regulations should be consistent throughout the state, because Martin County farmers are now at a competitive disadvantage. Another objection she had was that regional planning councils do not simply determine how development will affect adjacent counties. They actually get into the details of site planning, which she felt was inappropriate. She concluded that the Martin County Agricultural League is in favor of mailing the proposed letter. 6 o s � Harold NeDuffey, president of the -Treasure Coast Builders Association, an organization of 900 businesses in Martin, St. Lucie and Indian River Counties, announced that last month he attended the governmental affairs committee meeting of the Florida Home Builders Association in Orlando. The Environmental Land Management Study Commission's (ELMS III) report was discussed at that meeting. A group of 50 members, including builders, developers, state and local government agency employees and dedicated environmentalists, took two years to complete the report. The only reason given in the report for keeping regional planning councils was to assist small counties with no planning staff. The Treasure Coast Builders Association supports abolishment of the TCRPC. Dean Luethje, a local engineer with Carter Associates, was of the opinion that the TCRPC's job is done and that local planning departments can handle growth management, intergovernmental situations and developments of regional impact. He disagreed with the statement that services are provided free of charge and emphasized that taxpayers pay a great deal for them. Dennis Mathurne, director of development for the Grand Harbor project, related that it is hard for a developer to speak at a meeting like this because a developer has to go before governmental agencies with hat in hand. However, he wanted to let the Board know that over the past seven years he has dealt with planning staff at Indian River County and during that time Grand Harbor has developed into an excellent project. He felt that county planning staff is able to administer a DRI project without the help of another layer of government. J. B. Norton, representing the Chamber of Commerce of Vero Beach and Indian River County, reported that about five years ago, his office asked State Representative Dale Patchett to introduce legislation eliminating regional planning councils. Legislation was introduced two years in a row, but there was a powerful backlash. Regional planning councils will be eliminated this year under the sunset law unless some action is taken. Mr. Norton commented that even though Mr. Carey insists regional planning councils are not state agencies, they reportedly received more than $40 million dollars last year from the State. He reported that the Florida Chamber of Commerce is in favor of letting the regional planning councils sunset this year. 7 BOOK�� F'� r 80 FEBr- I 17 1991 BOOK 88 F"�F 871 Talmage Rogers spoke on behalf of the Indian River Citrus League, which is in strong concurrence with the letter as drafted He felt that planning staffs of various areas ought to have the freedom to group and regroup as needed, because some issues..are of concern to the counties north of us, where others are of concern to those south or west of us. Mr. Rogers felt there is no check and balance on the TCRPC and it does not have to respond to citizens of the respective communities. He disagreed that the TCRPC assists the County in CARL and Preservation 2000 negotiations. Peter Robinson, local land developer, recalled that years ago it was desirable to have regional planning councils to advise county planning staffs. The TCRPC is no longer needed because the County has an excellent planning staff. It is difficult for developers to stay in business because of problems in the economy and the banking industry. They do not need another layer of bureaucracy. Wylie Graham, director of economic development of the St. Lucie County Economic Development Council, stated that his job is to entice businesses to come to St. Lucie County. There are representatives of other economic agencies at this meeting who are trying to do the same thing for their counties. The perception is that Florida is not a good place to do business because it takes a lot of time and money to get permitting. In other parts of the country, a company with 500 employees is considered a small business, but to us it is a tremendously large business that we would love to have. It is unfortunate that not one business employing more than 500 people has relocated or expanded into this area. The economic ramifications of the bureaucracy that exists in Florida must be considered. The Chairman asked if there was anyone else who wished to speak. There being none, he closed the public discussion. Chairman Bird introduced into the record the following letter from J. Richard Graves, Jr.: 8 ® I M s ,trot aves h February 15, 1993 company P. O. BOX 277.8465 OLD DIXIE HWY. • (407) 589-4356 WABASSO, FLORIDA 32970 • FAX (407) 589-5901-. DISTR18UTiom LISTcomin hers Administrator Attorney _ public 3 Commissioner Dick Bird «:;;.:,``'"� ;{ r rn��7'.al�►�Y Lw. '�f Indian River Count Commission ,a Y • �^t Itil«;es Administration Buildinga Vero Beach, Florida 32960 = - *: -,i u Dear Dick: I understand that the commission will reconsider the Treasure Coast Regional Planning Council (TCRPQ at its next meeting. I commend the commission in this regard and support their continued efforts to withdraw from membership therein. The TCRPC is a unnecessary layer of government that serves no useful purpose except to cause complications for Indian River County planning officials as well as for property owners and business people in this area. When the comprehensive planning process was started years ago the "councils" might have made some sense, but now with the coming of age of the Department of Community Affairs and the acquisition of a full blown local planning staff, the regional councils make no sense. As you know, the councils statewide are set for "sunset" on October 1, 1993. Hopefully the legislature will allow the sunset to occur. This county would be much better served to spend the money that the TCRPC gets on other more pressing problems. Don't be swayed by the pleas from the TCRPC staff. It sounded most self, -serving to me. Very ruly y rs, J. Richard Graves, Jr. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Tippin, to transmit the letter, as presented above, to the state legislators. Under discussion, Commissioner Adams commended Mr. Carey for his presentation and noted that he probably feels like the chicken that walked into the foxes' den. Although she and Commissioner Tippin have been vocal opponents of the TCRPC, she stressed that the ELMS III report recommends that regional planning councils not be sunset but that their regulatory authority be taken away. At the same time, they should be more effective in planning and in 9 jr Fti . 14, FES 17 i993 60GK � BOOK U S P.AGE C7 j finding solutions to regional problems. She reminded the Board that even though the County has competent staff and does not need the services of the TCRPC, Fellsmere, Orchid and Sebastian do not have a planning staff and need the TCRPC's assistance on particular issues. Commissioner Adams did not think there was any question that Tallahassee will continue to require some sort of regional coordination because they want to make sure they can still spend that $40 million somewhere. She cautioned that if we get rid of a known entity, we run the risk of getting something worse. She was concerned that agriculture is.the next endangered species because it will not be protected by legislation that comes out of Tallahassee. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. There being no further business, on Motion duly made, seconded and carried, the meeting adjourned at 11:00 A. M. ATTEST: J. Barton, Clerk Me] Rich rd N. Bird, Chairman