The purpose and effect of these amendments is to update the Council’s rules regarding its organizational structure and the authority of the executive director, revise rules concerning Council committees, provide for meetings of the Council, revise ...

 

REGIONAL PLANNING COUNCILS
Tampa Bay Regional Planning Council

RULE NO: RULE TITLE
29H-1.003: General Description
29H-1.005: Officers and Committees
29H-1.006: Meetings
29H-1.008: Powers
29H-1.010: Information Inquiries
PURPOSE AND EFFECT: The purpose and effect of these amendments is to update the Council’s rules regarding its organizational structure and the authority of the executive director, revise rules concerning Council committees, provide for meetings of the Council, revise Council powers and clarify the process for informational inquiries and submissions.
SUMMARY: These amendments remove outdated and unnecessary provisions of the Council’s organizational rules and provide greater specificity and clarity regarding Council committees, powers, meetings, and the ways in which the public can contact and provide information to the Council.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 186.504, 186.505, 163.01, 120.53, 120.54 FS.
LAW IMPLEMENTED: 186.504, 186.505, 163.01, 120.53, 120.54 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, December 15, 2008, 9:00 a.m.
PLACE: Tampa Bay Regional Planning Council, 4000 Gateway Center Blvd., Suite 100, Pinellas Park, Florida 33782
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ms. Wren Krahl at [phone], ext 22 or email [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Manny Pumariega, Executive Director, Tampa Bay Regional Planning Council, 4000 Gateaway Center Blvd., Suite 100, Pinellas Park, Florida 33782

THE FULL TEXT OF THE PROPOSED RULE IS:

29H-1.003 General Description.

(1) The staff of the Tampa Bay Regional Planning Council is headed by an Executive Director. The staff includes an Assistant Director and/or Director of Planning, professional, technical and clerical personnel. Staff duties and responsibilities are assigned by the Executive Director.

(2) The following are the general operating areas of the Council’s staff:

(a) Information Services. Maintenance and provision of regional-scale information, which is timely and accurate to assist the public and private sectors in decisions on regional issues.

(b) Regional Planning, Review and Coordination. Functioning in a review, coordination, analysis and comment capacity for local, state and federal governments. This responsibility includes the general stated purposes of the Council (Rule 29H-1.002, F.A.C.), and specifically the regional planning agency responsibility for developments of regional impact, pursuant to Chapter 380, F.S., and areawide clearinghouse responsibility consistent with OMB Circular A-95, Revised.

(c) Assistance to Local Governments, Authorities, Regional Agencies and Others. Advice and special assistance to local governments, authorities, regional agencies, and others is provided by the Council when requested by a local government in the region and when the Council has the financial and professional resources available.

(3) The Executive Director may act on behalf of the Council when necessary to meet the statutory responsibilities of the Council and it is not possible for either the full Council or the Executive-Budget Committee to meet. In any instance when the Executive Director takes final agency action, a report of such action shall be made at the next regular meeting of the Council for whatever action is deemed appropriate by the Council.

Specific Authority 186.504, 186.505, 163.01, 120.53(1)(a) FS. Law Implemented 186.504, 186.505, 163.01, 120.53(1)(a) FS. History– New 11-27-75, Formerly 29H-1.03, Amended________.

 

29H-1.005 Officers and Committees.

The officers of the Council shall be as follows:

(1) Chairman: The Chairman shall preside at meetings of the Tampa Bay Regional Planning Council. The Chair He shall appoint all committees and committee chairsmen and shall sign on behalf of the Regional Planning Council all deeds, contracts, and other formal instruments, and shall perform such other duties as may from time to time be assigned to him by the Regional Planning Council.

(2) Vice-Chairman: The Vice-Chairman shall, during the absence of the Chairman or his inability to act, have and exercise all the powers and duties of the Chairman and shall perform such other duties as may from time to time be assigned to him by the Regional Planning Council.

(3) Secretary-Treasurer: The Secretary-Treasurer shall give notice and keep minutes of all meetings, have custody of the records of the Regional Planning Council and of its seal, and attest all necessary instruments. The Secretary-Treasurer shall be the chief financial agent of the Regional Planning Council and may exercise authority in all financial matters in accordance with such authority as may be granted by the Regional Planning Council. The Secretary-Treasurer He shall have an annual audit made by an independent auditing firm approved by the Council and shall submit a yearly financial report at the Annual General Meeting.

(4) The officers shall be elected annually by at the annual meeting of the Council and shall hold office for one (1) year or until their respective successors are elected and qualified. The Council shall utilize a Nominating Committee, chosen by the Chairman, for nominating the annual slate of officers. Any vacancy in office shall be filled by the Council at its next regular meeting; the person so elected shall serve until a successor is elected and duly qualified.

(5) Executive-Budget Committee: An Executive-Budget Committee may be appointed by the Council and shall at a minimum consist of all officers of the Reginal Planning Council. The Committee, and shall exist for the time specified and shall perform those duties delegated to it by the Council, including approving an annual

(6) Budget Committee: The Budget Committee shall consist of the Chairman, Secretary-Treasurer and Executive Director, serving ex-officio, and two members to be appointed by the Chairman. The Budget Committee shall prepare annually a budget to govern financial operations of the Council for each fiscal year beginning October 1st and shall submit same to the June July regular meeting of the Council for adoption, unless otherwise decided. The Chairman of the Executive-Budget Committee shall be the Chairman of the Council and the Ccommittee shall meet at the his call of the Chair. The Executive-Budget Committee may act on behalf of the full Council when a quorum of the full Council is not present, in case of emergencies, or when required to meet the statutory responsibilities of the Council, and shall report such action to the Council at its next regular meeting for whatever action the Council deems necessary. In those instances when the Committee acts on behalf of the full Council, members of the Committee may attend and participate either by telephone or in person.

(6)(7) Advisory Committees Board: The Chair may appoint Advisory Committees to assist the Chair, the Council and the staff in carrying out their responsibilities. Advisory Committees may consist of Council and non-Council members. The Council Chair shall either appoint a Chair from among the members of each Advisory Committee or delegate authority to one or more Advisory Committees to appoint a Chair from among their members. Advisory Committees shall meet upon the call of the Council Chair, its Chair or the Executive Director, and Board shall be comprised of the chief planner of each member city or county. The board shall meet at the call of the Executive Director of the Council to consider such matters as may be referred to it. Advisory Committees shall present recommendations, findings and reports to the full Council and/or the Executive-Budget Committee for whatever action is deemed appropriate.

(7) Agency on Bay Management: The Council Chair shall appoint the members of the Agency on Bay Management, which shall carry out responsibilities and operate in accordance with policies approved by the Council. The Agency on Bay Management shall consist of Council and non-Council members. The Council Chair shall appoint the Chair and Vice Chair of the Agency on Bay Management. Additional meetings to discuss specific matters shall be called by the Executive Director when requested by the Council for any three or more Advisory Board members.

(8) Clearinghouse Review Committee. The Clearinghouse Review Committee is a policy committee established by the Council with authority to conduct pre-application meetings, site visits concerning proposed Developments of Regional Impact (DRI), and provide advice as necessary on matters relating to the Strategic Regional Policy Plan for the Tampa Bay Region and/or intergovernmental coordination and review. carry out assigned intergovernmental review and coordination responsibilities. All report findings or recommendations approved by the Committee shall be based upon the Council’s adopted growth policy. Future of the Region, the Regional Capital Improvements Plan, Regional Comprehensive Plan Guide, Regional Housing Plan Guide, and the Council’s adopted list of regional issues, Rules 9B-20.001-.004 and .013, F.A.C.

(a) The Council Chairman with the approval of the Council, shall appoint a minimum of five Council representatives to the Committee of which the Vice Chairman of the Council shall be the Chairman of the Committee. The Council Chairman, with the approval of the Council, may appoint additional appointees who need not be limited to Council representatives and shall not exceed the number of Council representatives. Each appointee shall be a resident of the region. The term of each appointment shall expire with the term of the Chairman of the Council.

(b) The Committee shall carry out intergovernmental review responsibilities as delegated herein by the Council for review and comment on the consistency of federal and state assistance applications subject to Florida’s Intergovernmental Coordination and Review Process pursuant to Presidential Executive Order 12372; federal and state permit applications; proposed federal and state rules, regulations and policies; environmental impact statements; and state plans with local and regional plans and issues, as appropriate, and make recommendations for approval by the Council as individual recommendations or part of a consent list.

1. The Tampa Bay Regional Planning Council has been designated by the Governor’s Executive Order 83-150 as the Regional Clearinghouse for Administrative District VIII to exercise the responsibilities under Presidential Executive Order 12372.

2. If the committee meeting does not coincide with review process time frames, comments will be sent under the Executive Director’s signature, or his designee, and a status report brought to the committee for concurrence.

(c) The Clearinghouse Review Committee shall carry out the following intergovernmental review and coordination responsibilities specific to Section 380.06, F.S., and Chapters 9B-16, and 20, F.A.C., for Developments of Regional Impact (DRIs):

1. The committee shall identify the regional issues pertaining to each DRI review to be conducted by the Council.

2. The committee shall submit recommendations on Binding Letter of Interpretation applications to the Florida Department of Community Affairs after review and approval by the full Council.

(b)3. The Committee may shall conduct a preapplication conference for each DRI to be assessed by the Council pursuant to the following procedures:

a. A project summary will be prepared by the applicant and submitted at least 20 days prior to the scheduled date of the project preapplication conference.

b. The project summary will be reviewed by Council TBRPC staff and a report prepared for committee action which will include the aspects of the proposed project recommended for designation as regional issues of concern.

c. The project summary, along with the staff report, will be sentmailed to committee members and to the appropriate reviewing agencies 10 days prior to the scheduled date of the project preapplication conference. The staff report will also be provided to the applicant 10 days prior to the scheduled date of the project preapplication conference.

d. Preapplication conferences, as needed, shall be held once a month during the regularly scheduled Clearinghouse Review Committee meetings.

e. The applicant, Council TBRPC staff and reviewing agencies shall be provided the opportunity to identify areas of concern with the proposed projects during the preapplication conference.

f. A list of regional issues specific to the project, as approved by the committee, shall be provided 10 days following the preapplication conference to the developer for consideration during the preparation of the Application for Development Approval, as part of the follow-up correspondence reiterating the areas of agreement reached at the preapplication conference.

(c)4. A site inspection for committee members, other agency representatives and staff may will be held, as needed, during the month following the preapplication conference and shall be scheduled for the mutual convenience of the parties involved.

(d) As necessary and upon the request of the Council or staff, the committee shall review and provide advice on matters relating to the Strategic Regional Policy Plan for the Tampa Bay Region and/or intergovernmental coordination and review.

5.a. For the preliminary review phase of a DRI, the committee shall approve regional issues and requests for additional information pursuant to Chapter 380, F.S.

b. In the event the statutory conclusion of preliminary review period does not coincide with a scheduled committee meeting, the correspondence will be sent to the applicant under the Executive Director’s signature, or his designee, and a status report brought to the committee for concurrence.

6.a. For the sufficiency review phase of a DRI, the committee shall determine if the ADA information is complete, shall direct Council staff to initiate the final report and notify the local government to set a public hearing date.

b. If the committee meeting date does not coincide with statutory time requirements, the Council staff will proceed with correspondence sent under the Executive Director’s signature, or his designee, and a status report will be brought to the committee for concurrence.

7. For the final review phase of a DRI, approval of the Council’s DRI report shall remain a responsibility of the full Council.

8. The committee shall assess the consistency of development orders, amendments to development orders and substantial deviation determinations issued by local governments with the Council’s approved DRI report. Final concurrence of the development order shall remain a responsibility of the full Council.

9. The committee shall approve the annual DRI monitoring reports prepared by staff pursuant to the terms of the Council’s contract with the Florida Department of Community Affairs (DCA). The committee shall be briefed on annual reports for DRIs approved subsequent to August 1980 as they are submitted by developers.

(d) As delegated by the Council, the committee shall monitor, evaluate and prepare comments on all policies, programs, hearings, permits, applications and reports which affect regional issues, as identified by the Council for approval by the Council for approval by the Council as individual recommendations or part of a consent list. Management and

(9) Other Committees: The Chairman or Executive Director may appoint additional such standing or special committees as he may deemed necessary. Appointments to special committees need not be limited to members of the Tampa Bay Regional Planning Council. All committee appointments shall be for the work year and shall expire with the term of the Chairman.

Specific Authority 186.504, 186.505, 120.53(1)(a), 163.01(2), (7)(a), (b) FS. Law Implemented 186.504, 186.505, 120.53(1)(a), 163.01(2), (7)(a), (b) FS. History–New 11-25-75, Amended 11-8-76, 11-19-79, 8-15-83, 10-21-84, Formerly 29H-1.05, Amended________.

 

29H-1.006 Meetings.

(1) There shall be an annual General Meeting for the swearing in election of officers and other business which shall be the December January regular meeting of the Council.

(2) Regular meetings of the Regional Planning Council shall be held monthly on the second Monday of each month or such other date as may be specified by the Council, except that the Council will not meet during January and July. The regular meetings shall be held in each of the participating cities and counties in accordance with a rotating schedule to be adopted by the Regional Planning Council at a location to be designated by the host member.

(3) Special meetings may be called by the Chairman provided that ample notice is given to all members.

(4) A quorum of the Council shall consist of a simple majority of the total number of representatives. A quorum shall be required for the conduct of all official business. Each representative present shall vote on each question presented to the Council except in the event that a representative requests disqualification for cause. No one individual shall cast more than one vote on any one question. Any appointed representative may send an alternate to represent him/her at any meeting of the Council provided said alternate is duly appointed to the same member government governing body.

(5) The Secretary-Treasurer or designee or his nominee shall keep minutes of each meeting and distribute a copy thereof to each voting member.

(6) All regular meetings, Executive Committee, and special meetings, workshops, and or hearings held by the Tampa Bay Regional Planning Council and any of its Committees shall be open to the general public.

Specific Authority 186.504, 186.505, 120.53(1)(a), 163.01, 163.01(5)(h) FS. Law Implemented 186.504, 186.505, 120.53(1)(a), 163.01(5) (c) FS. History–New 11-27-75, Amended 11-8-76, Formerly 29H-1.06, Amended________.

 

29H-1.008 Powers.

The Council shall have all powers granted in the interlocal agreement established by the Council, including:

(1) To exercise powers granted by Chapters 23, 380 Sections 163.01, 163.02, F.S., as now existing or as from time to time amended.

(2) To conduct studies of the region’s resources with respect to existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, human resources, natural resources, government, and any other matters which are relevant to regional planning.

(3) To adopt rules of procedure and bylaws, to regulate its affairs and conduct its business.

(4) To adopt an official seal.

(5) To maintain office space at such places within the region as may from time to time be required in performance of its duties.

(6) To employ and set the compensation of the Executive Director, who shall serve at the pleasure of the Council. The Executive Director shall employ and discharge professional, technical or clerical staff as may be necessary to carry out the purposes of the Council.

(7) To authorize compensation for members of the Council for per diem, travel, and other reasonable expenses for meetings, hearings and other official business conducted outside the region’s boundaries.

(8) To hold public hearings, sponsor public forums, and conduct other activities whenever deemed necessary or useful in the execution of the functions of the Council.

(9) To acquire, own, operate, maintain, lease or sell real or personal property and hold title hereto in the name of the Council.

(10) To fix and determine in accordance with applicable laws by resolution rules and regulations relating to advertisement for bids, manner of bidding and amount below which same will not be required.

(11) To sue and be sued, implead and be impleaded, complain and defend, intervene and appeal, in all courts and administrative agencies.

(12) To accept gifts, apply for and use grants, assistance funds or bequests of money or other property from the United States, the state, a local unit of government or any person for any Council purpose and to enter into agreements required in connection therewith, and to hold, use, and dispose of such monies or property in accordance with the terms of the gift, grant, loan or agreement relating thereto.

(13) To make and enter into all contracts and agreements, and do and perform all acts and deeds necessary or incidental to the performance of its duties and the exercise of its powers.

(14) To prescribe all terms and conditions for the employment of officers, employees and agents including but not limited to the fixing of pay and classification plans, benefits, and the filing of performance and fidelity bonds and such policies of insurance covering itself and employees as it may deem advisable.

(15) To participate with other government agencies, educational institutions, and private organizations in the coordination of the activities above.

(16) To determine and collect charges or fees for the provision of assistance for special services and for reviews and referrals.

(17) To select and appoint such advisory bodies as the Council may find appropriate for the conduct of its activities.

(18) To enter into contracts to provide, at cost, such services related to its responsibilities as may be requested by local governments within the region and which the Council finds reasible to perform.

Specific Authority 186.504, 186.505, 163.01, 163.01(4), 163.01(5)(c), 163.01(5)(h), 163.01(5)(b) FS. Law Implemented 186.504, 186.505, 163.01(5)(a), 163.01(5)(g), 163.01(5)(h), 163.01(5)(j), 163.01(5)(m), 163.01(10)(b) FS. History–New 11-27-75, Formerly 29H-1.08, Amended________.

 

29H-1.010 Information Inquiries and Submissions.

(1) The principal office of the Tampa Bay Regional Planning Council is located at 4000 Gateway Centre Boulevard, Suite 100, Pinellas Park, Florida 33782 9455 Koger Boulevard, St. Petersburg, Florida 33701. The office hours are Monday through Friday, from 8:30 a.m. to 5:00 p.m. All official forms, publications or documents of the Tampa Bay Regional Planning Council are available for public inspection at the Council’s principal office during regular business hours.

(2) All documents filed with the Council shall be submitted in original printed form (“hard copy”) and in electronic form unless the nature of the submission, or any part thereof, would result in an undue burden for the originator or the Council, in which case a hard copy will suffice. Information available for public inspection includes the following:

(a) Basic demographic, geographic and economic data projections,

(b) Planning periodicals and published texts, and

(c) All information relating to the planning and review activities of the Council.

(3) Copies of the Council’s forms, publications, and official documents prepared for public dissemination are available for inspection and copying in accordance with the public records law. through the following procedures:

(a) Tampa Bay Regional Planning Council Newsletter mailed free of charge to all parties upon written request.

(b) Public agencies, defined as those organizations representing the public, government agencies situated in the State of Florida receive publications at no charge.

(c) Private organizations situated in Florida and all parties outside of Florida can receive Council publications at cost.

(d) Publications out of print or singular documents are available for inspection at its principal office. Persons wishing photocopies may receive same at cost.

Specific Authority 186.504, 186.505, 120.53(1)(a), 163.01(5)(h) FS. Law Implemented 186.504, 186.505, 120.53(1)(a), 163.01(5)(h) FS. History–New 11-27-75, Amended 11-19-79, Formerly 29H-1.10, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Manny Pumariega, Executive Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tampa Bay Regional Planning Council
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 13, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 24, 2008