A publication of the Pinellas Planning Council

July 2002

In This Issue:

The Pinellas Assembly

After months of planning and preparation, the Pinellas Assembly convened on Thursday, May 16, 2002. Over the following two and one-half days, representatives from virtually all segments of the private and public sectors in Pinellas County discussed, debated, reached consensus, and maintained differences of opinion on how best to solve the myriad problems facing the county.

   

 
 
 

Mayor Jerry Beverland and other participants discuss countywide issues at the Pinellas Assembly.

 

The Assembly was organized by a steering committee that worked with Professor Lance deHaven-Smith to identify participants and select the issues to be addressed. The approximately 150 representatives were divided into six groups, each led by a facilitator and recorder who took notes. All of the groups discussed the same subjects concurrently, which included:

  1. Goals and principles for governments in Pinellas County
  2. Urban service delivery and financing
  3. Economic development and community redevelopment
  4. Governing intergovernmental relations
  5. Annexation
  6. Targets of opportunity
  7. Next steps

In order to provide focus for the participants in their discussions, questions had been prepared by the steering committee. A sampling includes:

  1. What principles should govern intergovernmental relations?
  2. Are there particular services where waste and overlap could be eliminated?
  3. If a countywide economic development and community redevelopment plan or strategy is needed, what should it include and how should it be framed?
  4. Should the county have a general policy on urban service delivery in the unincorporated area?
  5. Is the current system of government in Pinellas County suitable for guiding the community into the future?

At the end of the Thursday and Friday sessions, the notes from the separate groups were compiled by Dr. deHaven-Smith. The notes served as the foundation of the draft policy statement document discussed at the plenary session on Saturday morning.

While the Assembly was designed to discuss countywide problems, participants recognized that intergovernmental cooperation successes have been achieved over the years. Several of the most significant successes were the creation of Tampa Bay Water and the Pinellas Library Cooperative; the Gulf Blvd. improvement efforts; and construction of the Pinellas Trail. On the other hand, participants identified opportunities for improvement in intergovernmental coordination/cooperation efforts, e.g., modification of land use codes to achieve a higher level of consistency in order to facilitate economic development and community redevelopment; tourism promotion by coordinating events through the establishment of a common events calendar; and facilitating partnerships with the school system for transportation, recreation, and use of facilities.

Expectations for the Assembly ranged from confidence that most, if not all, of the major countywide problems would be solved, to little faith that any lasting improvements would result. The outcome was somewhere between those two extremes. Few solutions were finalized, but consensus was reached on some approaches to the solutions and new concepts were introduced. The benefits to be realized from a two-tiered governmental structure, with more clearly defined county and municipal roles, was extensively discussed. The potential benefits, including enhanced efficiency and effectiveness, that could be realized from some service consolidations received considerable discussion. The current disjointed approach to countywide transportation could be addressed through the creation of a new county transportation department that would organize all of the governmental transportation services, including the PSTA, under one agency. And, while all governments address intergovernmental coordination/cooperation in their comprehensive plans, the county lacks a formalized forum for addressing cross-jurisdictional issues.

 

Mayor Robert Jackson and Dr. Lance deHaven-Smith chat about ways to address key countywide issues.
 
 

Consensus was reached on several important issues. There was general agreement that enclaves (those unincorporated areas completely surrounded by a city) should be annexed. Additionally, urban service delivery efficiency and financing equity were recognized as needing improvement. Finally, participants agreed that there were potential opportunities for code commonalties that could limit confusion in a redevelopment environment. As expressed by one participant, the goal with regard to the codes should be to achieve “consistency where possible.”

Perhaps most importantly, it was agreed that the Assembly was the first step in a long journey and that if a more healthy and productive intergovernmental environment is to become a reality, the onus for starting the improvement process is on the political leadership. Likewise, it was recognized that political leaders need to provide their staff members with the ongoing support and backup necessary to foster the change embraced by the leadership.

The participants envisioned that future actions would include continuation of the original steering committee to provide assistance to the county commissioners and the mayors in their efforts to formulate task forces to address specific issues. The task forces will initiate in-depth studies of the issues identified in the final policy statement with the goal of reaching conclusions and formulating solutions to the complex intergovernmental and service delivery issues which were the focus of the Assembly.




PPC Study Examines Wireless Facilities Issues


   
   
Wireless facilities regulations often encourage colocation of antennas on existing cell towers (such as the monopole tower in the left photo) and on other utility structures (such as the Florida Power structure in the right photo).
 

 

 

Technological innovations over the past decades have had profound impacts on the nature of telecommunications. More and more users depend on wireless technologies such as cellular and Personal Communications Systems (PCS), making wireless phones, pagers, and other devices increasingly commonplace. Evolving technology that will someday allow users to transmit data and video with wireless devices will also help make these technologies more widespread. The growing demand for wireless services ensures that many more of the facilities that support wireless communications (including antennas, “cell towers,” and other support structures) will need to be constructed. There are an estimated 200,000 such facilities in the United States already with as many as 1,000,000 projected by 2010. Pinellas County alone is estimated to have at least 500.

As these wireless facilities proliferate, local governments responsible for permitting them face the distinct challenges of protecting the community's safety and visual environment, while ensuring that providers can serve the community's citizens with wireless technologies. The evolving legal implications of government wireless regulations stemming from the 1996 federal Telecommunications Act have made the regulatory environment for local governments uncertain. However, new models for successful regulation of wireless facilities are emerging. Increasingly, local governments are using wireless master plans and carefully-crafted ordinances to encourage facilities that blend aesthetically with the community. Some are even taking advantage of the revenue potential of these facilities, by renting publicly-owned communications towers and rooftops to wireless service providers.

To assist Pinellas County's local governments in “looking down the road” at the future of wireless communications facilities, PPC staff have recently begun a study to explore the technological and legal trends that will affect the regulation of these facilities. This effort will include an examination of the twenty-two existing local wireless ordinances and an assessment of the key regulatory issues identified by the county's local governments. Through the study, staff will identify local and countywide opportunities for the county's communities to plan effectively for wireless services, while protecting quality of life. It is anticipated that staff will submit a draft of a report summarizing the findings of the study to the Council in September. In a second phase, staff will also identify alternative approaches to the current regulatory mechanisms and prepare model/sample regulations that local governments could use to update existing wireless regulations.




PPC Welcomes Three New Members


Mayor Jerry Beverland, City of Oldsmar

While new to the PPC, Mayor Beverland has a long history of local government experience, beginning with his first term on the Oldsmar City Council from 1970 to 1972. He served as councilmember again between 1990 and 1994, then as mayor from 1995 to 1999. After a brief hiatus due to term limits, he was elected mayor again in March 2001.

The mayor states that he has only recently come to appreciate the role—and potential—of the PPC. The makeup of Pinellas County has changed greatly over the last several decades, as once-isolated rural communities have grown together and become more urbanized, and a majority of the population has shifted to incorporated areas. With these changes, he feels that it is increasingly vital for local governments to recognize that they have common interests, and to speak with one voice. He would like to see the PPC become even more proactive in encouraging local governments to work together, and to seek bold solutions to countywide issues.

When not representing the city, the mayor deals in antiques, which he describes as both a hobby and a business. He and his wife, Wanda, have raised four children and have four grandchildren.



Councilmember Sandra Bradbury, City of Pinellas Park

Elected in March 2002, Ms. Bradbury is serving her first term on the city council and on the PPC. However, she has a thorough understanding of land use issues, having previously served on the city's Board of Adjustment. Through her appointment to the PPC, the councilmember states that she hopes to learn more about the county as a whole, and welcomes the opportunity to work with her counterparts from other jurisdictions.

Ms. Bradbury acknowledges that the county's 25 local governments have both strengths and weaknesses when it comes to intergovernmental cooperation. She cites the most recent disagreements over annexation and fire service as areas where improvement is needed. However, she feels that the PPC can encourage cooperation by providing a venue where all communities—both municipalities and unincorporated areas—are treated fairly, according to a common set of rules.

She is the second generation of her family to participate in Pinellas Park government, following her father, former Mayor Cecil Bradbury, who also served on the PPC. Outside of her political career, she is employed as the metro marketing team leader for Sam's Club, and is engaged to be married.



Commissioner Hoyt Hamilton, City of Clearwater

Mr. Hamilton was elected to the city commission in March 2001, marking his first foray into public office. A lifelong Clearwater resident, he brings a great deal of local perpective and enthusiasm to the countywide planning process.

While quality of life remains high in Pinellas County, the commissioner recognizes that there are challenges on the horizon. With its supply of developable land nearly exhausted (he prefers the term “geographically challenged” to “built-out”), local governments will need to work harder to encourage quality redevelopment and maintain economic growth. He feels that the county's greatest asset is its people—a diverse population, many distinctive communities, and a willingness to work together to solve common issues. Even though each community is unique, he believes that they face many of the same redevelopment issues, and can find common solutions without compromising their individuality.

In addition to his activities on the city commission and PPC, Mr. Hamilton is the general manager of the Palm Pavilion Inn on Clearwater Beach. He and his wife, Sheryl, have two sons ages 14 and 16.




New Statewide Building Code Takes Effect


Rehabilitation efforts in the county, such as the one shown above, may be inadvertently discouraged by the new code.

 

In March 2002, a new statewide building code took effect in Florida. Consolidating and replacing more than 400 local documents, the Florida Building Code was developed by the state-appointed Florida Building Commission, which consists of 23 representatives of the construction industry, its suppliers and consumers.

The legislation has generated controversy, due largely to its increased emphasis on natural disaster resistance. For example, the document requires new standards for windows and glass doors, including water resistance, air leakage, mandatory load deflection, and structural tests. While these measures succeed in making structures safer, they can also significantly increase construction costs.

For Pinellas County, an even greater impact will likely come from Chapter 34, which regulates rehabilitation of existing buildings. Prior to March 2002, all jurisdictions in the county were governed by a countywide rehabilitation code. The 216-page document took into account the structural limitations of older buildings, and provided more flexible standards than those imposed on new construction. In contrast, the Florida Building Code is primarily concerned with new construction, and devotes only four pages to the rehabilitation of existing buildings.

Following a conventional standard known as the “25/50 percent rule,” the new code divides rehabilitation projects into three categories, based on the ratio of the cost of the alteration to the replacement cost of the existing structure. The three categories include projects with ratios below 25 percent, between 25 and 50 percent, and above 50 percent. Different standards apply to each category, with most projects above 50 percent required to comply with the same codes as new construction.

While these provisions are consistent with national standards, the experience of many jurisdictions around the country has shown that the 25/50 percent rule is not the most effective way to encourage rehabilitation, and may inadvertently discourage it. The cost of retrofitting an older structure to meet current codes is often so prohibitive that for many property owners, it is more cost-effective simply to maintain structures in an unimproved condition, or to tear them down and build new structures.

Adoption of the statewide code is likely to have a significant effect on Pinellas County, which is almost completely built-out, and is therefore dependent on redevelopment to remain economically sustainable. In practical terms, as long as the county remains an attractive destination, some form of redevelopment will occur. However, the new code may mean that older neighborhoods and districts, which could be preserved and revitalized, will instead see many buildings go unimproved and fall into disrepair, or be demolished and replaced with new construction. Over time this trend could significantly alter the character of established local communities.

For the time being, there is little that Pinellas County jurisdictions can do to change the situation. Local governments are permitted to make their own amendments to the statewide building code, if they can demonstrate that there are local conditions that warrant the proposed changes. However, the altered standards must be more stringent than the statewide equivalent. Therefore, it is doubtful that a redevelopment-friendly amendment would be approved.

Fortunately, the Florida Building Commission Report to the 2002 Legislature acknowledges that the new standards for existing buildings are insufficient, and endorses the need for a separate rehabilitation code with more flexible standards. The report states that “numerous other states and local jurisdictions have realized the benefits of developing and adopting a rehabilitation code. It was discovered that rehabilitation codes encourage the use and reuse of existing buildings...promote community redevelopment and promote the rehabilitation of affordable housing.”

Perhaps the best-known example of this trend is the State of New Jersey, whose groundbreaking Rehabilitation Subcode was designed to streamline the rehabilitation process while ensuring that buildings continue to meet a minimum level of safety. The new process requires a higher level of subjectivity and judgement on the part of building officials, but has been well-received by the development community, and redevelopment activity has increased by as much as 84 percent in some cities.

Inspired by New Jersey's experience, jurisdictions in Masschusetts, New York, Rhode Island, Kansas, and Missouri have all developed or begun development of similar codes. The federal Department of Housing and Urban Development has developed model language to assist these efforts, and the International Conference of Building Officials is developing a similar Uniform Code for Existing Buildings. In the coming years, this trend is expected to have a significant impact on the way in which local governments regulate rehabilitation.

These efforts have not gone unnoticed by the State of Florida. During its 2002 legislative session, the legislature directed the Florida Building Commission to develop provisions that may be added to the statewide code to facilitate the rehabilitation and use of existing structures. The commission will study the various issues, and present a report containing the proposed additions by no later than January 1, 2002. Given the importance of encouraging rehabilitation in Pinellas County, local governments should follow these efforts closely and the PPC will continue to monitor this issue as part of its efforts to facilitate redevelopment.




Upcoming Public Hearing and Meeting Schedule

Planners Advisory
Committee
Pinellas Planning
Council
Countywide Planning
Authority
 
  • September 9, 2002
  • October 7, 2002
  • November 12, 2002
  • September 18, 2002
  • October 16, 2002
  • November 20, 2002
  • October 15, 2002
  • November 5, 2002
  • December 3, 2002



The Pinellas Planning Council

•   Commissioner Nadine S. Nickeson, Chairman (Safety Harbor)
•   Vice-Mayor Janet Henderson, Vice-Chairman (Dunedin)
•   Mayor Robert DiNicola,
Treasurer
(Group B Communities: Belleair Shore, Belleair Beach, Indian Rocks Beach*, Indian Shores, North Redington Beach, Redington Beach, Redington Shores)
•   Mayor Robert Jackson, Ph.D.,
Secretary
(Largo)
•   Mayor Jerry Beverland (Oldsmar)
•   Councilmember Sandra Bradbury (Pinellas Park)
•   Mayor Tom De Cesare (Group A Communities: Madeira Beach*, St. Pete Beach, Treasure Island)
•   Mayor Frank DiDonato, DC (Tarpon Springs)
•   Councilmember Bill Foster (St. Petersburg)
•   School Board Member
Dr. Max Gessner
(Pinellas County School District)
•   Commissioner Hoyt Hamilton (Clearwater)
•   Commissioner Calvin D. Harris (Pinellas County)
•   Mayor William B. Smith (Group C Communities: Belleair, Belleair Bluffs, Gulfport, Kenneth City*, Seminole, South Pasadena)

* Councilmember serves on this governing body.




The Countywide Planning Authority

  • Commissioner Barbara Sheen Todd, Chairman
  • Commissioner Karen Williams Seel, Vice-Chairman
  • Commissioner Calvin D. Harris
  • Commissioner John Morroni
  • Commissioner Susan Latvala
  • Commissioner Robert B. Stewart
  • Commissioner Kenneth T. Welch


The Pinellas Planning Council Staff

David P. Healey, Executive Director
Office Administration
Dolly Eylward, Office Manager
April Collins, Secretary
Local Assistance/Plan Administration
Michael C. Crawford, Principal Planner
Mark Ely, Program Planner
Abby Shannon, Planner
Countywide Plan/Plan Coordinator
Larry S. Pflueger, Principal Planner
Linda Fisher, Program Planner
Kristin Boesch, Planner

If you have any questions or comments about this newsletter, please feel free to email us, call us at 727-464-8250, or write to us at:

Pinellas Planning Council
600 Cleveland Street, Suite 850
Clearwater, FL 33755-4160