Has Avon Park CRA Violated Public Hearing Law?

The CRA here hasn't had a public hearing since March 2007, but it's possible that a public hearing wasn't required, said the deputy mayor, a city councilman and the city attorney.

The city has three Community Redevelopment Agencies, one for the airport, one for downtown, and one for the Southside. But a few years ago, the city council decided to take back the power from the CRA boards, which are now just advisory boards without the ability to spend money, Deputy Mayor George Hall said.

The CRA must adopt a plan after a public hearing, said Councilman Joe Wright. If the CRA changes that plan, they must do it after another public meeting.

In the last 19 months, the council, acting as the CRAs, has amended the CRA budgets several times, and always at public meetings. But he's unsure if they've ever changed the plan, Wright said.

Gerald Buhr of Lutz, the city attorney, doesn't attend the CRA meetings, and therefore doesn't advise the CRAs.

"I do what I'm asked to do," Buhr said Wednesday. Like Wright, without researching the law, he's unsure if the CRAs have violated the public meetings laws by changing their budgets without a public hearing.

"It's not that simple," Buhr said.

"We have been told that the plan allows you to spend money in certain categories, as long as the categories are approved," Wright said.

Will Bennett, an Avon Park accountant who is on the Main Street CRA, believes the plan has changed once in the past 19 months. He quoted Florida Statute 163.361 (2), which states, "The governing body shall hold a public hearing on a proposed modification of any community redevelopment plan after public notice thereof by publication in a newspaper."

"If that's the case, I'm disappointed," Wright said. Either the city manager, the city clerk or Maria Southerland, the city's project manager who also advises the CRAs, should have made certain the law was followed.

Bennett is also concerned about two budget discrepancies, $5,000 for advertising and $20,000 for community cultural events, which weren't properly earmarked.

Wright also questions whether the city should pay Buhr to attend the CRA meetings.

"Are we too cheap to get the legal advice?" Wright asked. "Maybe we're being too frugal."

The council will meet again at 5 p.m. Monday, and the CRA meeting will follow, Wright said. "We should attempt to correct this. And we should take no other as a CRA until we do."

"I think it will be a moot point," Hall said. He thinks the problem, if there is one, can be solved by simply scheduling a new public hearing, if necessary, and properly adopting the plan.

However, he thinks the council should ask itself if it really wants community redevelopment agencies.

"I believe our CRAs are something that should go away, because of budget restraints," he said.