Thursday, September 20, 2007

Stop Developers Gone Wild. by Geniusofdespair


Lobbyist Ron Book is fighting hard against the initiative "Florida Hometown Democracy" for his clients, according to an article in the Daily Business Review. That alone should tell you how good FHD is.

The developers are calling it the "vote on everything" amendment. I call it the amendment to stop "Developers gone wild."

Last night at an Urban Environment League dinner Miami City Commissioner Thomas Regalado, talking about the importance of citizen activism, only had good things to say about the petition drive. He was saying that the developers were scared of it. I think he is tired of always being a vote of one or two on a five member commission. His frustration is our frustration.

In the article by Terry Sheridan, George Pincus - some Boca Guy of little importance to me - said:
“Comprehensive plan amendments and zoning changes are complicated issues,” he said. “Instead of imposing their Draconian amendment to bring every [plan change] to a vote, you have elected officials and trained professionals charged with doing this. Let the system work."

Ha, ha, you have got to be kidding Boca Guy. The system has not worked for years. The County Commission (and the City Commission) for the most part doesn't listen to their trained professional staff. I wouldn't trust these elected officials as far as I can throw the Vile Commissioner Natacha Seijas. And, I don't think I could budge her an inch! Fireplug shape.

Our Growth Management Plans were written for the long term. The state Growth Management Act called for plan amendments only twice a year, but these lawmakers we are suppose to trust "have enacted 32 exceptions to that limit. And local governments often consider dozens of plan changes every six months. The result was the adoption of more than 8,000 plan changes in 2005 alone statewide" according to the article.

Like we the voters could do any worse? You would see land-use changes drop dramatically. The link to more information and the petition is on the right of this page: hit on "Florida Hometown Democracy."

The big foe (that have put out a competing petition with a similar name to confuse you), Florida Chamber of Commerce, has these registered State lobbyists:

Babington, Adam R.
Becker, Geoffrey P.R.
Blanton, Travis W.
Bonfanti, Joanna L.C.
Bryan, Matt A.
Daniel, David T.
Daughton, James R., Jr.
Davis, Jennifer Krell
Doyle, Joshua E.
Dyal, Stephen D.
Harris, James E., Jr.
Hartley, Jeff
Husband, Warren H.
Johnson, Jon E.
Johnson, Marian P.
Littlejohn, Charles B.
Metz, Stephen W.
Myers, Julie S.
Naff, Jim A.
Sheheane, G. Herb
Sheheane, Gabriel H.
Swanson, Brad
Villella, Ronald
Weber, Victoria L.
Wheeler, Doug C.
Wilson, Mark

17 comments:

Anonymous said...

i was not sure about HTD but if Ron Book is against it, i am for it.

Anonymous said...

Mark Wilson? Is that the former president of the Dade County Farm Bureau Insurance Company? Makes sense that the Farm Bureau development company would be against FHD.

sparky said...

I agree. The power structure brought this on itself through decades of kowtowing. If Florida government functioned as anything other than a rubber stamp for development then this would be a bad idea. But since it IS a rubber stamp, this can only be an improvement, if for no other reason than throwing more sand in the gears. Sad that sand in the gears is the only tool left in the democracy box in the US.

Anonymous said...

Another dark page in Miami history with former politicials showing their
*(&^% in public.

For the record: Community Council 11 meeting was held last night. Attendance was poor, which is no surprise. Many residents were confused because the Team Metro website posted the wrong date, time and location for the meeting. Those residents who did find there way to the right place at the right time could not find parking at the Highshool that night as there was an open house.

In the meeting, not all citizens comments heard (even though there were not that many speakers). One very sweet, eloquent older woman admonished the Council members as they sat up high on their dais, only to be shushed by the chairman.

THE RESULTS:

Application #8

P and Z Recommendation: deny

Public Sentiment at meeting :deny

CC11 Recommendation: transmit with recommendation for approval.

Application #9

P and Z Recommendation: deny

Public sentiment at meeting: deny

CC11 decision: "transmit with no recommendation"

Amongst Miguel Diaz De La Portilla's comments and rebuttals(Miguel is the attorney for the second application):

1. -- we're only moving the UBD 15", look at the map(he might have said 13").

2. -- average wage in Florida is $50,000. (He used this argument in his presentation for his client who is proposing to build 500 luxury homes on five acre lots. Did I miss something here?)

2. (rebuttal) it's not a question of how much water we will have, it's a question of how much it will cost...the county is already looking at desalization plants (a campaign manager would have been all over him for saying this).

3. (rebuttal) regardless of what these people say, people are going to keep coming to South Florida. (They can keep coming to Rhode Island too, but there is only so much room for them.)

4. (rebuttal) we are going to need these houses in four years...if we run out, other housing costs will rise. (yeah, says the man in the back who is up-side-down in a sub prime mortgage with a home value that is falling faster than Alan Greenspan's popularity rating).

I was sickened by all the sophomoric ecomonic advice that was being shoveled to the CC11 members. Slicked up pretty boys (wearing too much cologn) flashed their French cuffs and served up Supply and Demand diabtribes. One lady put it well: "let's practice watchful waiting; we will watch and you can wait." another statement "just because they bought it for speculation does not mean that we have to let them develop it...that's why we call it speculation"

I think the CC11 was sleeping by the time this all ended. Evidently they want this thing to continue on so that "it can be studied." I guess the guys from P and Z and DCA did not do their job well enough here. Maybe Miguel can give them an extra hand.

Geniusofdespair said...

Thank you for the information on the meeting...Miguel Miguel....what happened to you?

Anonymous said...

Ok so some facts are about the Comp Plan change process:

Your local government officials that are elected by the people to run our cities and counties currently do not have the final say on comp plan changes, nor are their decisions simple votes.

There are at least two and sometimes many more public hearings on comp plan changes, all open for public input.

Those changes have to be submitted to the state Department of Community Affairs (DCA) and must be approved step by step along the way.

Additionally, there is a built in challenge process and in addition to that, there is a built in appeal process on the comp plan change process that is available to the public…

Ok, you argue, these are the public hearings no one from the public knows about it and/or attends??

SO, let me ask you, these are the same lazy voters you want to have voting on every single comp plan change?

Oh! you say... The public will take responsibility to educate themselves on each and every comp plan change issue that will be before the electorate in every election!

...OK fantasy land dwellers...

PS: (did you know in the past 4 years, Broward County had 686 –six hundred and eighty six - comp plan changes??)

EDUCATE YOURSELVES WITH THE FACTS ON THIS ISSUE AND MAKE YOUR OWN DECISION.

Anonymous said...

To stop the overdevelopment insanity we should all sign the petition and pray it makes it to a voter referundum.

Geniusofdespair said...

Dear Educate Yourselves know it all Anonymous....
do you not read this blog regularly ... that is why you are uninformed: (The DCA is bowing out):
Blog dated:
Thursday, June 28, 2007

Right Under our noses: House Bill 7203 covers City of Miami, Hialeah and all of Broward.

By Geniusofdespair

I went to a Downtown Bay Forum meeting yesterday and heard Carolyn Dekle, Executive Director of the South Florida Regional Planning Council (you all must remember that Katy Sorenson was taken off the Council by Commissioner Chair Martinez last year).

I have an uncanny ability to zone out most of the time but still pick up what is important. I almost hit the floor when Dekle referred to a new law that has truncated review of (State Growth/Planning Reviewing Agencies) DCA and SFRPC. Deckle said the State agencies are moving towards letting local communities take more of a role in their growth management.

I am a pretty regular reader of the Miami Herald and not much slips by me...although I am on overload, but somehow this became a law right under my nose, never saw it in the Herald.

When I got home I quickly called Charles Pattison of 1000 Friends of Florida, a former staff member of the Department of Community Affairs. He said I should have looked on their website 1000 Friends of Florida . The Bill was there. (This is boring stuff but you have to know it so please read on).

In short, the bill is a pilot project. The process affects the City of Miami (not the county YET!) and is basically a modified “small scale” amendment process for all amendments – one hearing, DCA , RPC and state agencies, and any local government that asks, get copies of the proposed amendments, and they can comment if they want but they don’t have to. Individual comments are then sent back to the city, and then a 2nd adoption hearing is held. Any amendments that pass are sent back to the agencies, and the agencies can appeal if they chose. Standing by citizens affected to challenge any amendment remains the same. 1000 Friends wrote:

OVERALL IMPRESSION - not moving in the right direction as many more issues included:
1. makes it easier for development to occur regardless of transportation concurrency issues
2. dangerous extension of local government/developer agreements from 10 to 20 years when revenue forecasting less certain than ever
3. establishes a pilot program in several communities (Broward, Pinellas, Jacksonville, Miami, Hialeah, Tampa) that allows all amendments to be reviewed through small scale amendment process
4. citizens get little from this bill - developers and local governments get relaxed concurrency standards with limited requirement for consistency with the local comprehensive plan

It seems like we need - Florida Hometown Democracy Petition more than ever.

In short order — if the State keeps moving in that direction -- the Vile Natacha Seijas and other County Commissioners will not have the State scrutinizing land use changes they make for their developer pals.

If you hit “Read More” you can see what 1000 Friends of Florida wrote about this bill before it became law:

HB 7203, 2nd engrossed version, with amendments as of May 1, 2007

Our goal this year - only minor changes necessary to fix glitches from SB 360 regarding concurrency and financial feasibility this year, with more substantial and comprehensive revisions in 2008 session.

OVERALL IMPRESSION - not moving in the right direction as many more issues included:

1. makes it easier for development to occur regardless of transportation concurrency issues

2. dangerous extension of local government/developer agreements from 10 to 20 years when revenue forecasting less certain than ever

3. establishes a pilot program in several communities (Broward, Pinellas, Jacksonville, Miami, Hialeah, Tampa) that allows all amendments to be reviewed through small scale amendment process

4. citizens get little from this bill - developers and local governments get relaxed concurrency standards with limited requirement for consistency with the local comprehensive plan

HIGHLIGHTS as we see them on 5/5/07 (subject to update):

1. community redevelopment areas now included in Chapter 163 definition of "urban redevelopment"

2. comp plans deemed "financially feasible" when the capital improvements schedule shows that concurrency standards (for transportation and schools) will be achieved/maintained by the end of the 5 year schedule (means you don't have to meet concurrency in any one year IF you can demonstrate you will meet it by year 5)

3. allows plan amendments to be deemed "financially feasible" as well as meeting the "achieve and maintain" standard with respect to transportation facilities IF

(a) is a condition of development order of a DRI with proportionate share mitigation
(b) is part of a binding agreement with fair share mitigation where the amendment to the future land use map is within designated urban infill, urban redevelopment or urban service area - binding agreement must be based on maximum allowable amount of development on the map and/or in plan policy if less than the maximum
4. adds airport passenger terminals, concourses, air cargo facilities, hangars, aircraft maintenance/storage areas to existing transportation concurrency exemption for public transit facilities

5. clarifies that where urban service areas are to be considered for transportation concurrency, they can only be as large as the area covering a 10 year planning period (means that existing very large urban service areas that allow for more than 10 years of growth will not qualify)

6. allows existing Transportation Concurrency Areas to meet the tighter requirements established in 2005 at the time of the next EAR instead of 2006

7. clarification that DRIs using proportionate share not required to reduce or eliminate existing backlogs on roads and schools - extends this provision as well to Florida Quality Developments and optional sector plans

8. where a school board agrees to include a new facility in its next scheduled work program, developers can accelerate building of one or more schools

9. proportionate fair share mitigation specifically allowed to be focused on one or more transportation improvements - clarification that where such funding "significantly benefits" the overall transportation system as determined by the local government, development is allowed to occur even if concurrency not met

10. Transportation Concurrency Backlog Areas authorized:

a. allows creation of an authority (meaning the appropriate local government) that designates an area where one or more traffic deficiencies exist such that traffic volume(s) exceed the level of service standard (LOS) as found in the local plan
b. provides tax increment financing to raise funds needed to demonstrate that deficiencies will be addressed in 10 years or less - allows for bonds and related financing mechanisms
c. allows development to proceed once the improvement schedule is made part of the comprehensive plan - will be deemed "financially feasible" and meeting the "achieve and maintain" standard now required
d. also requires an overall plan showing deficient roadways, priority improvement list and financing schedule as part of the comprehensive plan
11. allows Jacksonville-Duval to have 720 acres (instead of 120) of small scale amendments/year - no more than 120 acres of such amendments allowed outside designated urban infill, urban redevelopment areas

12. Plan Amendment Review Pilot Progam:

a. designates Broward, Pinellas, Jacksonville, Miami, Tampa, Hialeah to have all amendments reviewed under a modified small scale process
b. local government has transmittal hearing and DCA,FDOT, DEP, Education Commissioner, DACS, DOS, and Game Commission and any requesting local government may or may not comment within 30 days - Regional Planning Council comments limited to regional issues - use Chapter 125 or 166 notice requirements - DCA encouraged to focus on state and regional issues
c. local government has adoption hearing to consider any comments using Chapter 125 or 166
d. amendments go into effect if not challenged within 30 days
e. citizen standing allowed as before, with "preponderance of the evidence" test; state agencies may also challenge
f. any rural land stewardship, optional sector plan, EAR update amendment, implementation of any new statutory requirements, and new plans for newly incorporated areas required to use current system
g. Administration Commission takes final action within 45 days if administrative law judge recommends "not in" finding; DCA receives recommendations if "in compliance"
h. Where DCA finds amendment "not in", sends on to Administration Commission; if it finds "not in", may apply sanctions; if finding is "in", enters final order
i. OPPAGA to present evaluation report by December 1, 2008, to Governor, Speaker and President on pilot program
13. DCA gets 4 new positions for technical assistance

14. DRI buildout dates extended by 3 years without becoming substantial deviations

15. Community Workforce Housing Innovation Pilot Program (CHWIP) for building affordable housing renamed "Representative Mike Davis Community Workforce Housing Innovation Pilot Program

16. Conservation easement revisions which also appear in a DEP sponsored bill appear here regarding "Tax Increment Financing for Conservation Lands"

17. When Port Master Plans are integrated into a local comprehensive plan as part of an EAR, and the EAR is found not sufficient, the port master plan may still be adopted

18. DCA authorized to use rulemaking to implement Local Update Census Addresses (LUCA) tech assistance grants

Anonymous said...

I am sure to anyone who looks at the approval system on paper, it looks like there's plenty of oversight and plenty of experts looking out for the public. But anyone who has sat in the Miami Commission Chamber and watched the rules be completely ignored while the City Attorney shuts down residents and encourages the lobbyists to continue on with half truths and nonsense knows that the process is irredeemably broken. I am sure we would not have hundreds of comp plan changes each year and that everyone would suddenly know what our comp plan actually says if the Florida Hometown Democracy movement succeeds. I have signed the petition and I encourage everyone who is tired of business as usual at City Hall to do so also.

Anonymous said...

I have an idea. Why couldn't you send a mass emailing to all the the county and city officials in the dade county area to visit the blog site regularly to make sure they aren't in it. I have been reading these blogs for a few months now and I think staying out of the blogs, in general, is a "good thing" in 8 out of 10 instances.

You guys are becoming urban legends. Could you imagine what would happen if this blogsite became the next water cooler downtown in all the office cubicals.

Maybe this is a good idea, or maybe its the worst idea I ever had. What do you all think?

Geniusofdespair said...

love your idea....it is building....we are a groundswell.

What's your name so we can put you in the 80%....

Anonymous said...

I love the irony of developers trying to build they way out of overproduction and surplus product supply. Cash rich from all of the good years they refuse to downsize and deal with the short-term pain they instead try to grow out of the downturn just prolonging the pain and making a bad situation even worst. Does anyone read history? The irony is that given their huge resources big developers should support FHD, or at least float their own version of it to push the little ones even further out of the marketplace. Large developers would always have an advantage when it comes to more regulation. Today large firms are really the only organizations that have the unlimited funds to maintain complete access to the media. This is the strategy that railroads pursed in the 19C according to Gabriel Koko's research. Even since the government has set up regulatory agencies to reassure the public but whose real duty was to maintain conditions that allowed larger firms to strangle their competition and therefore maintain their oligopolies positions against tremendous market pressures. There were some interesting articles in the NYTs recently about various industries calling for increased regulations to achieve the same purpose but I guess FL developers don't read the NYTs nor do they plan their own future very well. Worst of all they are taking us all down the gutter with them.

Anonymous said...

I do not support the petition, but it isn't because I don't support limiting development. It is because big time developers will still prevail because of all the money they will pour into these elections.

If so many elected officials are idiots and so many activists are geniuses, why aren't more activist geniuses running for office at all levels and changing the make up of all the idiot governments?

We get what we deserve in our representatives, unless we start training more activists to prepare and to run for office. Come on already...take over some city councils/commissions. Do it today!

Anonymous said...

To anonymous who does not support the petition...

I am glad that we agree about over development. Have a bit of hope here. Here are a few thoughts for the day:

Corrupt politicians often get caught. Blog sites have not been around that long relative to the history of politics in this country. Can you imagine if we had a blog site during the Vietnam War or during Watergate? They are powerful because the writers are not oblidged to cater to advertisers, sponsors or politicians. You can be a friend on a blog site today and a foe the next. You are judged on the individual merits of your actions. This blogsite is amazing and the authors are incredible researchers. They do not slander. For the most party, they are not petty. (Commentors may be, but that will always happen.) This blog site is being read by some pretty important and powerful people on a daily basis. They look on here each day, because this can become a graveyard for politicians. While much of the content in this blogsite does not have national appeal, these bloggers do, because if they continue blogging here, its going to amp up the tension in this county's politics. There are a few good blogsites in the country. There are many trivial ones. This is one of the good sites. Stay here and keep commenting with us -- conservatives, moderates, liberals -- and most importantly, send your friends and collegues here. We may have just found a place where intelligent debate and terrible truths can take place without two minute limits, agendas or fear of retribution.

Anonymous said...

With less than 15% of the voters turning out at elections, could you imagine if they started reading this on a daily basis. I don't care how much campaign money you get from builders or developers, this blog has got to have some sort of affect on the vote. Also, if business can't be taken care of with "the vote", then perhaps the Ethics Committee (for all that it is worth) will be compelled to act upon some things. There is some pretty nasty things being exposed here. I took the time to read several old blogs and I would be dying if I were the subject of that kind of talk. Glad I'm not in politics!

Anonymous said...

George Pincus, the Boca Raton Guy, is a real estate investor / developer attorney in Boca with Proskauer Rose, Ltd.

Anonymous said...

If Ron Book is being paid to oppose the Hometown Democracy Movement then it must be good.

The City of Miami Beach approved the Save Our Homes amendment many years ago and the sky did not fall. Save Our Homes requires voters to vote on changes to waterfront zoning.