Res 39-04RESOLUTION NO. 39-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELKAY BEACH, FLORIDA THAT IT IS GIVING
NOTICE TO THE PALM BEACH COUNTYWIDE
BEACHES AND SHORES COUNCIL OF ITS INTENT TO
WITHDRAW MEMBERSHIP FROM THE PALM BEACH
COUNTYWIDE BEACHES AND SHORES COUNCIL WITH
AN EFFECTIVE DATE OF SIX MONTHS FROM THE
DATE OF THE RESOLUTION.
WHEREAS, the City Commission approved a counterpart Intedocal Agreement for
membership on the Palm Beach Countywide Beaches and Shores Council; and
WHEREAS, the Palm Beach Countywide Beaches and Shores Council was formed as a
forum for information exchange and as a cooperative effort to protect, preserve and/or enhance
beaches and shore in Palm Beach County; and
WHEREAS, the reasons and benefits contemplated for creation of the Palm Beach
Countywide Beaches and Shores Council was its application as a logical first step in coastal
management;
WHEREAS, Palm Beach County has submitted their notice of withdrawal from the Palm
Beach Countywide Beaches and Shore Council;
WHEREAS, the Palm Beach Countywide Beaches and Shores Council found that these
reasons and benefits are no longer applicable and voted unanimously to dissolve the Council; and,
WHEREAS, Section 9 of the existing Interlocal Agreement requires that parties withdraw
only by adoption of a formal resolution and that they give six (6) month notice.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. Notice is given to the Palm Beach Countywide Beaches and Shores Council
that, effective November 12, 2004, the City of Delray Beach will withdraw its membership on the
Palm Beach Countywide Beaches and Shores Council.
Section 2. The foregoing recitals are hereby adopted and ratified.
PASSED AND ADOPTED this
ATYEST:
City Clerk
day of ~
(j'b/~/ /taA¥ --
,2004.
2 ORD NO. 39-04
TO:
THRU:
FROM:
SUBJECT:
MEETING OF MAY 18, 2004 *CONSENT AGENDA*
RESOLUTION TO WITHDRAW FROM THE PALM BEACH COUNTYWIDF
BEACHES AND SHORES COUNCIL.
In May 1985, the City of Delray Beach entered into an interlocal agreement between Palm Beach
County, 26 municipalities, Jupiter Inlet District, Port of Palm Beach District, South Lake Worth Inlet
District, The Greater Boca Raton Beach Tax District, Audubon Society, and the Coral Reef Society
International, Inc. that established the Palm Beach Countywide Beaches and Shores Council
(Council). The Council was established in recognition of the need for coordinated protection,
preservation and/or enhancement of the beaches along the Atlantic Ocean in Palm Beach County.
At the time of the creation of the Council, the County was attempting to impose jurisdiction and
regulatory authority over the beaches and shores within Palm Beach County. The Council was
formed to include the various local jurisdictions in this process.
On February 13, 2004, Palm Beach County notified the Palm Beach Countywide Beaches and
Shores Council of their intent to withdraw from the Council. As noted above, the original purpose
of the Council was predicated on maintaining inclusiveness when the County obtained jurisdiction
over the beaches and shores of the County. The County wishes to withdraw from the Council
following several court cases regarding jurisdictional issues in Palm Beach County which failed to
uphold their authority.
At its meeting of March 8, 2004 the Palm Beach Countywide Beaches and Shores Council voted
unanimously to disband the current Council and to adopt a new interlocal agreement to form the
Coastal Council, which would be limited to a forum for exchange of information and ideas for
educational purposes. This new Council would not have the regulatory capacity to review and
provide recommendations on development applications as did the former Council.
Pursuant to the executed interlocal agreement, in order to formally withdraw from the Council, the
City Commission must approve a resolution and send a notice of intent to the chairperson of the
Palm Beach Countywide Beaches and Shores Council. The City's withdrawal would become
effective 6 months following the date of the notice. A new interlocal agreement affirming the City's
participation in the Coastal Council will be forwarded to the City Commission at a later date.
By motion, approve Resolution No. 39-04 withdrawing from the Palm Beach Countywide Beaches
and Shores Council.
Attachment:
~' Resolution No. 39-04
RESOLUTION NO. 39-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA THAT IT IS GIVING NOTICE TO THE PALM BEACH
COUNTYWIDE BEACHES AND SHORES COUNCIL OF ITS INTENT TO
WITHDRAW MEMBERSHIP FROM THE PALM BEACH COUNTYWIDE
BEACHES AND SHORES COUNCiL WITH AN EFFECTIVE DATE OF SIX
MONTHS FROM THE DATE OF THE RESOLUTION.
WHEREAS, the City Commassion approved a counterpart Interlocal Agreement for membership on the Palm
Beach Countywide Beaches and Shores Council; and
WHEREAS, the Palm Beach Countywide Beaches and Shores Council was formed as a forum for
information exchange and as a cooperative effort to protect, preserve and/or enhance beaches and shore in Palm
Beach County; and
WHEREAS, the reasons and benefits contemplated for creation of the Palm Beach Countywide Beaches and
Shores Council was its application as a logical first step in coastal management;
WHEREAS, Palm Beach County has submitted their notice of withdrawal from the Palm Beach Countywide
Beaches and Shore Council;
WHEREAS, the Palm Beach Countywide Beaches and Shores Council found that these reasons and benefits
are no longer applicable and voted unanimously to dissolve the Council; and,
WHEREAS, Section 9 of the existing Interlocal Agreement requires that parties withdraw only by adoption
of a formal resolution and that they give six (6) month notice.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA AS FOLLOWS:
Section 1. Notice is given to the Palm Beach Countywide Beaches and Shores Council that, effective
November 12, 2004, the City of Delray Beach will withdraw its membership on the Palm Beach Countywide
Beaches and Shores Council.
Section 2. The foregoing recitals are hereby adopted and ratified.
PASSED AND ADOPTED this
day of ,2004.
ATTEST:
MAYOR
City Clerk