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Res 63-04 RESOLUTION NO. 63-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF, I,RAY BEACH, FLORIDA SUPPORTING THE ESTABLISHMENT OF THE PALM BEACH COUNTYWIDE COASTAL COUNCIL; PROVIDING THAT THE CITY OF DELKAY BEACH SHALL PARTICIPATE AS AN EQUAL MEMBER OF THE COUNCIL; ADOPTING THE PROVISIONS OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND .AL1. OTHER MEMBERS OF THE PALM BEACH COUNTYWIDE COASTAL COUNCIL; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT. WHEREAS, the Palm Beach Countywide Coastal Council is designed to be an informal forum for the exchange of information and education of its members about the protection and enhancement of the Atlantic coast in Palm Beach County; WHEREAS, the Palm Beach Countywide Coastal Council shall take no regulatory action nor make recommendations to any regulatory bodies; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEl .RAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach shall support the establishment of the Palm Beach Countywide Coastal Council as follows: A. The City of Delray Beach shall execute the attached Interloeal Agreement which establishes the Palm Beach Countywide Coastal Council. B. The terms and conditions of the Interlocal Agreement shall be incorporated herein. C. The City of Delray Beach shall participate as an equal member on the Palm Beach Countywide Coastal Council D. The City Manager of the City of Delray Beach, or his/her designee, is hereby designated as the representative of the City of Delray Beach to the Palm Beach Countywide Coastal Council. Section 2. That the City Clerk is hereby dkected to furnish a copy of this Resolution to the Palm Beach County Department of Environmental Resources Management Section 3. The foregoing recitals are hereby adopted and ratified. PASSED AND ADOIVrED this ~:~ day of-~~ ~ ,2004. ATI'EST: Acting City Clerk 2 RES NO. 63-04 TO: DAVI~,~AR E~'~MCI ,M~ANAGER THRU: PAUL DORLING, DIRE/G'T~DR OF PLANNING AND ZONING FROM: SCOTI' D. PAPE, SENIOR(J/PLANNER SUBJECT: MEETING OF SEPTEMBER 7, 2004 *CONSENT AGENDA* RESOLUTION TO SUPPORTING THE ESTABLISHMENT OF THE PALM BEACH COUNTYVVlDE COASTAL 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. At its meeting of May 18, 2004, the City Commission passed and adopted Resolution 39-04, which notified the Palm Beach Countywide Beaches and Shores Council of its intent to withdraw from the Council. This withdrawal will take effect on November 18, 2004. As noted above, the Coastal Council will be established in its place for the exchange of information and educational purposes. The attached Resolution No. 63-04 designates the City Manager as the City's formal representative. The City Manager will have the flexibility to designate staff as her/his alternate to the Coastal Council. By motion, approve Resolution No. 63-04 supporting the establishment of the Palm Beach Countywide Coastal Council. Attachment: ~' Resolution No. 63-04 >. Coastal Council Interlocal Agreement RESOLUTION NO. 63-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA SUPPORTING THE ESTABLISHMENT OF THE PALM BEACH COUNTYWIDE COASTAL COUNCIL; PROVIDING THAT THE CITY OF DELRAY BEACH SHALL PARTICIPATE AS AN EQUAL MEMBER OF THE COUNCIL; ADOPTING THE PROVISIONS OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ALL OTHER MEMBERS OF THE PALM BEACH COUNTYWIDE COASTAL COUNCIL; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT. WHEREAS, the Palm Beach Countywide Coastal Council is designed to be an informal forum for the exchange of information and education of its members about the protection and enhancement of the Atlantic coast in Palm Beach County; WHEREAS, the Palm Beach Countywide Coastal Council shall take no regulatory action nor make recommendations to any regulatory bodies; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach shall support the establishment of the Palm Beach Countywide Coastal Council as follows: A. The City of Delmy Beach shall execute the attached Interlocal Agreement which establishes the Palm Beach Countywide Coastal Council. B. The terms and conditions of the Interlocal Agreement shall be incorporated herein. C. The City of Delray Beach shall participate as an equal member on the Palm Beach Countywide Coastal Council. D. The City Manager of the City of Delray Beach, or his/her designee, is hereby designated as the representative of the City of Delray Beach to the Palm Beach Countywide Coastal Council. Section 2. That the City Clerk is hereby directed to furnish a copy of this Resolution to the Palm Beach County Department of Environmental Resources Management .Section 3. The foregoing recitals are hereby adopted and ratified. PASSED AND ADOPTED this day of ,2004. MAYOR ATTEST: City Clerk INTERLOCAL AGREEMENT This counterpart Interlocal Agreement is made this day of ,200 , between the Undersigned Member ., and each and every other Signatory Member (Palm Beach County, inlet/special taxing districts, environmental groups, coastal municipalities and the Palm Beach County League of Cities). WlTNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exemise separately; and WHEREAS, the parties desire to establish a Council to be a forum for information exchange and education about beach and shore protection, preservation and/or enhancement. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Recitals The foregoing recitals are true and correct and hereby incorporated by reference. Section 2. Purpose The purpose of this Agreement is to establish and provide for the Palm Beach Countywide Coastal Council (Coastal Council). The Coastal Council is designed to be an informal forum for the exchange of information and education of its members about the protection and enhancement of the Atlantic coast in Palm Beach County. The Coastal Council shall take no regulatory action nor make recommendations to any regulatory bodies. Section 3. Obiectives The objectives of the Coastal Council are as follows: 1. Increase member awareness and knowledge of coastal projects in order to increase trust and cooperation. 2. Discuss new and existing methods of erosion control, storm protection, beach nourishment and preservation, as well as coastal environmental protection. 3. Achieve better working relationships and communication be~veen members. 4. Allow various interest groups to have an equal opportunity to be heard on coastal issues. Section 4. Council Membership Membership on the Coastal Council shall be possible for the following entities: 1. Palm Beach County; 2. Each inlet or special taxing district having jurisdiction over land fi'onting on the Atlantic Ocean in Palm Beach County (currently Jupiter Inlet District, Port of Palm Beach District, and the Greater Boca Raton Beach Tax District); 3. Environmental bodies expressly concerned with the Atlantic Ocean beaches and shores in Palm Beach County (currently Audubon Society and the Marine Life Center of Juno Beach); 4. Each Palm Beach County coastal municipality that owns or controls land fronting on or adjacent to the Atlantic Ocean; and 5. The Palm Beach County League of Cities. An entity becomes a Member upon execution of this Interlocal Agreement. Membership may be extended in the future to a new entity falling into one of the above categories by majority vote of the Coastal Council. Each member of the Coastal Council shall be an equal member and each Member shall be entitled to one (1) representative. Each representative must be properly authorized by a Member. 2 Section 5. Council Meetings The Coastal Council shall meet semi-annually. Additional meetings maybe held if proposed by the Moderator and upon consent of the majority of the Members. Palm Beach County shall provide a meeting place and technical staff to the Members. Palm Beach County shall also notify Members of meetings and provide necessary technical equipment for meetings. Section 6. Council Organization A Moderator shall preside over each Coastal Council meeting. The Moderator and Alternate Moderator shall be a volunteer from among the Members to serve for the calendar year. Within thirty (30) days after the meeting, the Moderator shall prepare a brief stmunary of the meeting and provide the summary to Palm Beach County. The summary shall be distributed electronically by Palm Beach County to all Members. A recording of the meeting shall be created and stored for two (2) years by Palm Beach County for review upon request. Section 7. Council Discussion Presentations and discussions shall be limited to matters pertaining to the Objectives of the Coastal Council as described in Section 3 of this Agreement. Every Member is encouraged to present a brief presentation annually. Member presentations and discussions may include: shore protection projects, sand transfer plants, maintenance dredging projects, preservation and/or enhancement projects, reports, surveys, coastal policies, codes, ordinances, resolutions, funding, monitoring and environmental issues. Section 8. Amendment This Agreement may be amended or modified only by written agreement executed by all the parties hereto. 3 Section 9. Withdrawal Members of the Coastal Council may withdraw from the Coastal Council by written notice to the current Moderator. The written notice must be signed by an individual or group authorized to act on behalf of the Member. Membership in the Coastal Council shall cease upon receipt of the notice. Section 10. Term/Effective Date This Agreement shall take effect upon execution by Palm Beach County. The term of this agreement shall be for a period often (10) years, with automatic five (5) year extensions unless terminated as provided herein. Section 11. Termination This Agreement shall automatically terminate upon the written agreement of all parties hereto or upon the withdrawal of all but six (6) Members from the Coastal Council. Section 12. Governing Law/Venue This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. Section 13. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4 Section 14. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. ATTEST: By: By: Clerk or Wimess Mayor/Chairperson INTERLOCAL AGREEMENT B~. This counterpart Interlocal Agreement is made this X[~.~W", day of ~ ,200 3~ , between the Undersigned Member C~ 0{2 ~10~{xt~,~ ~ and each and every other Signatory Member (Palm Beach County, inlet/special taxing districts, environmental groups, coastal municipalities and the Palm Beach County League of Cities). WlTNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the parties desire to establish a Council to be a forum for information exchange and education about beach and shore protection, preservation and/or enhancement. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Recitals The foregoing recitals are true and correct and hereby incorporated by reference. Section 2. Purpose The purpose of this Agreement is to establish and provide for the Palm Beach Countywide Coastal Council (Coastal Council). The Coastal Council is designed to be an informal forum for the exchange of information and education of its members about the protection and enhancement of the Atlantic coast in Palm Beach County. The Coastal Council shall take no regulatory action nor make recommendations to any regulatory bodies. Section 3. Objectives The objectives of the Coastal Council are as follows: 1. Increase member awareness and knowledge of coastal projects in order to increase trust and cooperation. 2. Discuss new and existing methods of erosion control, storm protection, beach nourishment and preservation, as well as coastal environmental protection. 3. Achieve better working relationships and communication between members. 4. Allow various interest groups to have an equal opportunity to he heard on coastal issues. Section 4. Council Membership Membership on the Coastal Council shall be possible for the following entities: 1. Palm Beach County; 2. Each inlet or special taxing district having jurisdiction over land fronting on the Atlantic Ocean in Palm Beach County (currently Jupiter Inlet District, Port of Palm Beach District, and the Greater Boca Raton Beach Tax District); 3. Environmental bodies expressly concerned with the Atlantic Ocean beaches and shores in Palm Beach County (currently Audubon Society and the Marine Life Center of Juno Beach); 4. Each Palm Beach County coastal municipality that owns or controls land fronting on or adjacent to the Atlantic Ocean; and 5. The Palm Beach County League of Cities. An entity becomes a Member upon execution of this Interlocal Agreement. Membership may be extended in the future to a new entity falling into one of the above categories by majority vote of the Coastal Council. Each member of the Coastal Council shall be an equal member and each Member shall be entitled to one (1) representative. Each representative must be properly authorized by a Member. 2 Section 5. Council Meetings The Coastal Council shall meet semi-annually. Additional meetings may be held if proposed by the Moderator and upon consent of the majority of the Members. Palm Beach County shall provide a meeting place and technical staff to the Members. Palm Beach County shall also notify Members of meetings and provide necessary technical equipment for meetings. Section 6. Council Organization A Moderator shall preside over each Coastal Council meeting. The Moderator and Alternate Moderator shall be a volunteer from among the Members to serve for the calendar year. Within thirty (30) days after the meeting, the Moderator shall prepare a brief summary of the meeting and provide the sun,nary to Palm Beach County. The summary shall be distributed electronically by Palm Beach County to all Members. A recording of the meeting shall be created and stored for two (2) years by Palm Beach County for review upon request. Section 7. Council Discussion Presentations and discussions shall be limited to matters pcr~ining to the Objectives of the Coastal Council as described in Section 3 of this Agreement. Every Member is encouraged to present a brief presentation annually. Member presentations and discussions may include: shore protection projects, sand transfer plants, maintenance dredging projects, preservation and/or enhancement projects, reports, surveys, coastal policies, codes, ordinances, resolutions, funding, monitoring and environmental issues. Section 8. Amendment This Agreement may be amended or modified only by written agreement executed by all the parties hereto. 3 Section 9. Withdrawal Members of the Coastal Council may withdraw from the Coastal Council by written notice to the currem Moderator. The written notice must be signed by an individual or group authorized to act on behalf of the Member. Membership in the Coastal Council shall cease upon receipt of the notice. Section 10. Term/Effective Date This Agreement shall take effect upon execution by Palm Beach County. The term of this agreemem shall be for a period of ten (10) years, with automatic five (5) year extensions unless terminated as provided herein. Section 11. Termination This Agreement shall automatically terminate upon the written agreement of all parties hereto or upon the withdrawal of all but six (6) Members from the Coastal Council. Section 12. Governing Law/Venue This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. Section 13. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the sm-ne instrument. 4 Section 14. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. ATTEST: Clerk or Wimess ~//?~ha~rpersOn  a8 to form 8nd ~~ o Oily Attorney ~