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Res 80-97 RESOLUTION NO. 80-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE PALM BEACH COUNTY MUNICIPAL LEAGUE IN ITS RECOMMENDATION FOR AN AMENDMENT TO THE PROPOSED CHANGES BY THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (ERM) TO SECTION 9.4, WETLANDS PROTECTION, OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, The Palm Beach County Department of Environmental Resources Management (ERM) has proposed a modification to Section 9.4, Wetlands Protection, of the Unified Land Development Code which will require ERM oversight of municipal code adoption and enforcement; and WHEREAS, the proposed Wetlands Ordinance would be adopted pursuant to the Environmental Control Act, which only allows municipalities the opportunity to opt-out of those regulations if the municipality adopts an ordinance as restrictive or more restrictive than the countywide regulations; and WHEREAS, all other proposed countywide ordinances are either enumerated in the County Charter as approved by the electorate or adopted pursuant to Chapter 125, F.S., which allows an individual municipality the legal right to opt-out of the ordinance in accordance with the County/Municipal Policy; and WHEREAS, if the proposed ordinance is adopted pursuant to Chapter 125, F.S., municipalities not desiring to develop their own regulations will automatically be bound by the countywide ordinance while those adopting their own regulations will retain their legal ability to "opt-out"; and WHEREAS, the City of Delray Beach supports the recommendation of the Palm Beach County Municipal League that the municipalities should be afforded the same exemptions as the County government under these regulations in fairness to all local governments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: The City of Delray Beach, Florida, hereby supports the recommendations of the Palm Beach County Municipal League that the amendments to Section 9.4, Wetlands Protection, of the Unified Land Development Code be adopted pursuant to Chapter 125, F.S., and that all municipalities be afforded the same exemptions as the County government under these regulations in fairness to all local governments. Section 2: The City Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach County Board of County Commissioners, the Palm Beach County Department of Environmental Resources Management and to all municipalities in Palm Beach County. Section 3: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on this 4th day of November, 1997. ATTEST: City Clerk ; -2- Res. No. 80-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 4, 1997 RESOLUTION NO. 80-97 (PROPOSED WETLANDS ORDINANCE) DATE: OCTOBER 30, 1997 The Palm Beach County Department of Environmental Resources Management (ERM) has proposed a modification to Section 9.4, Wetlands Protection, of the Palm Beach County Unified Land Development Code which would require ERM oversight of municipal code adoption and enforcement. The proposed Wetlands Ordinance would be adopted pursuant to the Environmental Control Act, which only allows municipalities the opportunity to opt-out of those regulations if the municipality adopts an ordinance as restrictive or more restrictive than the countywide ordinances. All other proposed countywide ordinances are either enumerated in the County Charter as approved by the electorate or adopted pursuant to Chapter 125 of the Florida Statutes which allows an individual municipality the legal right to opt-out of the ordinance in accordance with the County/Municipal policy. If the amendments are adopted pursuant to Chapter 125, F.S., municipalities not desiring to develop their own regulations will automatically be bound by the countywide ordinance while those adopting their own regulations will retain their legal ability to opt-out. The Palm Beach County Municipal League recommends that municipalities should be afforded the same exemptions as the County government under these regulations in fairness to all local governments. To this end, the League has asked that each municipality adopt a resolution in support of it's position to be sent to the Board of County Commissioners. Attached is correspondence from Wellington, North Palm Beach and Tequesta indicating their adoption of similar resolutions. Recommend approval of Resolution No. 80-97. ref: agmemo7 FROM.: P.B.County Municipal League PHONE NO.' (561) 355-4484 Oct 23, 1997 1:15 PM P 212 £1 I'Y ~ t~l.4 r'~o,o n~clC~ Palm fleatfl ouflly MflNitIPAL L A fl[ P,O_ BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 3~02 (561)3~-~84 A4 ORA ND UA4 TO: Clerks, Mm/ors m~ FI~OM: Bob Burdett, Executive PALM BEACH COUNTY N[UN]:CJ:PAL LEA~E ~E: Pro~ Wetl~ O~i~ce' DATE: October 23, t997 ~e P~opos~ Wetlands O~di~ce, scheduled fo~ action by the ~d of Coun~ Commissio~ on O¢?obe~ 2~, Z997, h~ ~ confined to Novembe~ 18, 1997. P~io~ fo the Nov~b~ 18, BCC meetly, each ci~ is ~u~t~ to ~opt ~ ~olu~ion in support of the Le~ue's position. ~olutions should be s~t to ~he ~a~d of CounW Commissioners with a copy to the Munici~[ L~gue office. S~mple r~olutions m~ be obfoin~ by coiling the ~unici~ L~ue (56[) 355-~84. ~k you fo~ you~ ~istonce. VILLAGE OF WELLINGTON Village Council Village Manager Mary K. Foster, Mayor Charles H. Lynn Dr. Carmine A. Priore, Vice Mayor Paul A. Adams, Councilman Michael McDonough, Councilman Thomas Wenham, Councilman DATE: October 16, 1997 TO: All Palm Beach County Municipalities FROM: Awilda Rodriguez, Village Clerk RE: Village of Wellington Resolution R97-32 On October 14, 1997, the Village of Wellington Council adopted Resolution No. R97-32, supporting the Palm Beach County Municipal League in its recommendation for an amendment to the proposed changes by the Palm Beach County Department of Environmental Resources Management (ERM) to Section 9.4, Wetlands Protection of the Unified Land Development Code. The Village of Wellington requests your support of the proposed amendment. A copy of Resolution No. R97-32 is enclosed for your information. Encl. (1) G:\share\group2\res.doc 14000 Greenbriar Boulevard · Wellington, Florida 33414 · (561) 791-4000 · Fax (561) 798-5397 VILLAGE OF NORTH PALM BEACH MEMORANDUM TO: PALM BEACH COUNTY BOARD OF COUN'I~Y COMMISSIONERS PBC DEPT. OF ENVIRONMENTAL RESOURCES MANAGEMENT PALM BEACH COUNTY MUNICIPALITIES FROM: MELISSA TEAL, DEPUTY VILLAGE CLERK RE: PROPOSED CHANGES TO THE UNIFIED LAND DEVELOPMENT CODE DATE: OCTOBER 15, 1997 Enclosed is a copy of Resolution 63-97, adopted by the Village Council of North Palm Beach on October 9, 1997, supporting the Municipal League's recommendation that the amendments to Section 9.4, Wetlands Protection, of the Unified Land Development Code be adopted pursuant to Chapter 125, F.S., and that all municipalities be afforded the same exemptions as the County government under these regulations. ;?fly ~/i/,~r~9,e VILLAGE OF TEQUESTA ~LLAGE CLE~'S O~ICE ~- ~: VILLAGE OF TEQUESTA ~SOLUTION " De~ Mayor: Endo~d, ple~e ~d a copy of a V~ge of Tequema ~esoMion adopted by the V~age at ~e~ meet~g mated ~t~ the ~esolutio~ ~s Resolution ~ prodded for yo~ ~o~tion ~d se~o~ co~ideration ~ reg~d to the ~~t ~aers eont~ed there,. Sincerely, Joann Manganiello Assistant Village Manager/Village Clerk ' 250 TEQUESTA DRIVE ~ SUITE 300 - TEQUESTA, FLORIDA 33469 TEL: 561-575-6200 - FAX: 561-575-6203 RESOLUTION NO. 3-97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILr.~GE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, SUPPORTING THE PALM BEACH COUNTY MUNICIPAL LEAGUE IN ITS RECOMMENDATION FOR AN AMENDMENT TO THE PROPOSED CHANGES BY THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (ERM) TO SECTION 9 . 4 WETLANDS PROTECTION OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Palm Beach County Department of Environmental Resources Management (ERM) has proposed a modification to Section 9.4 Wetlands Protection of the Unified Land Development Code which will require ERM oversight of municipal code adoption and enforcement; and WHEREAS, the proposed Wetlands Ordinance is adopted pursuant to the Environmental Control Act, which only allows municipalities the opportunity to opt-out of those regulations if the municipality's ordinance is as restrictive or more restrictive than the countywide regulations; and WHEREAS, all other proposed countywide regulations are either enumerated in the County Charter as approved by the electorate or adopted pursuant to Chapter 125, F.S., which allows an individual municipality the legal right to opt-out of the ordinance in accordance with the County/Municipal Policy; and WHEREAS, if the amendments are adopted pursuant to Chapter 125, F.S., municipalities not desiring to develop their own regulations will automatically be bound by the countywide ordinance while those adopting their own regulations will retain their legal ability to "opt-out"; and WHEREAS, the Village Council of the Village of Tequesta supports the recommendation of the Palm Beach County Municipal League that the municipalities should be afforded the same exemptions as the County government under these regulations in fairness to all local governments. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VIT~.~GE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council of the Village of Tequesta hereby supports the recommendations of the Palm Beach County Municipal League that the amendments to Section 9.4, Wetlands Protection, of the Unified Land Development Code be adopted pursuant to Chapter 125, F.S., and that all municipalities be afforded the same exemptions as the County government under these regulations in fairness to all local governments. Section 2 The Village Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach County Board of County Commissioners, the Palm Beach County Department of Environmental Resources Management and to all municipalities in Palm Beach County. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Mackail , who moved its adoption. The motion was seconded by Councilmember Hansen , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Alexander N. Cameron Carl C. Hansen RonT. Mackail ElizabethA. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of October, A.D., 1997. MAYOR OF TEQUESTA ATTE S T: J~ann Mangan~l lo Village Clerk wp60\res\4-9? 110,.~-05-1997 16':19 COi,11,1ISSIOt~ OFFI,DES 40? 2?6 i380 P.Oi DATE: November ~, 1997 FAX TO: The Hon. Jay Alperin Mayor, City of Delray Beach 243-3774 FROM: Mary McCarty, Commissioner District IV Telephone: 355-2204 (WPB Office) 276-1220 (Delray Office) 276-1380 (Fax) Number of Paqes (including cover..sheet) COMMENTS Additional information on proposed amendments to Wetlands Ordinance Ii0~-05-i997 i6:-~__ COI'IHISSIOII OFFICEs 4D7 =,b-~- i~80 P.D2 8oa~ of Coun~ Comml~sion~ ~un~ A~Iot~F Butt Aaro~on. Chairman Rob~ ~isman, P.E Maude Fred Lee. Vice Chair ~n T. M~c~ Carol A. Robe,s Warren H. Newe]l Ma~ McCarw ~ Nove~er 5, 1997 The Honorable Jay Alperin Mayor, City of Delray Beach 100 u.W.~rst Ave~' ~n oraer t~. k~e~ ~ abr.ast os ,SBU,S. ~ ~ ,,closi,g a copy of a mem?-frc~o}nty Administrator, Bob Weisman. This memo was preclpit tea~/by comments the Board received from staff and the Municipal League on jurisdictional/procedural issues associated with the Wetlands Ordinance. It is self- explanatory and indicates additional information will be forthcoming. It has come to my attention that the director of the Department of Environmental Resources Management will be recommending that the BCC sunset the Wetlands Ordinance in order that his department may shift its efforts from regulatory toward enhancement issues. I will forward you a copy upon receipt of his memo. Sincerely, -. Co~unissi~er, D~trict. IV. Enclosure 'An F-qUaI O'l~rtunit)' affit~lat~¢ ,Ictfon EmtM~yer' P.O. Box 1989 Wes~ Palm Beach. FL 3.3402-1989 (~61; ~$5-2001 FAX: ($61) ~55-~990 ~ted on t~'V~ed t:~t:~r http:llw'w'w.¢o.pal m-be ach.t'l.us , INTI~I~DFFICE COMMUNI~ATIQN ~"~ ~ ~'-'~'~' ~ - ~ROM; Ro~ Weisman ~ ~ --) I RE: W~ds O~i~n~ ~m ~ C~ ........... ~.~ ~, ~fl~ a ~ ~o~w~. ~ c~ ~ay ~ot opt-out. The Mun~al L~gue i~ ~at C~n~ ~li~ ~uims s~ to in,ate ~ ~ R~rR re~eid~~ ~u~= ~ppli~DIl~ eve~ time an ~ue a~ has neve~ ~en ~. ~nouM~ ~=+ +h= ,.=.~= ~=-~ ,~ ........... p~~ r~YJ~JUll~ gO [0 ~e League ~r Mview. ~e ~ard d~s ...................... z. ~T ~ ~ ~aflg~ ~ ~e under whi~ the o~i~nM is in I~ht ~ ~ ~n~ by ~a~ Ind~es and B~ Mem~, m~ i~ foll~ ~ di~n ~ is mn~e~ng o~inan~ i~u~. ~ will RW:Ik TOTAL P. ~2 3990 9?'/. P. ~ SB:, 1-4-40 l lO I SS I t.ll.lO;-' O~:gT RESOLUTION NO. R97-32 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF WELLINGTON, FLORIDA, SUPPORTING THE PALM BEACH COUNTY MUNICIPAL LEAGUE IN ITS RECOMMENDATION FOR AN AMENDMENT TO THE PROPOSED CHANGES BY THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (ERM) TO SECTION 9.4, WETLANDS PROTECTION OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Palm Beach County Department of Environmental Resources Management (ERM) has proposed a modification to Section 9.4 Wetlands Protection of the Unified Land Development Code which will require ERM oversight of municipal code adoption and enforcement; and WHEREAS, the proposed Wetlands Ordinance is adopted pursuant to the Environmental Control Act, which only allows municipalities the opportunity to opt-out of those regulations if the municipality's ordinance is as restrictive or more restrictive than the countywide regulations; and WHEREAS, all other proposed countywide regulations are either enumerated in the County Charter as approved by the electorate or adopted pursuant to Chapter 125, F.S. which allows an individual municipality the legal right to opt-out of the ordinance in accordance with the County/Municipal Policy; and WHEREAS, if the amendments are adopted pursuant to Chapter 125, F.S., municipalities not desiring to develop their own regulations will automatically be bound by the countywide ordinance while those adopting their own regulations will retain their legal ability to "opt-out"; and WHEREAS, the Village Council of the Village of Wellington supports the recommendation of the Palm Beach Municipal League that the municipalities should be afforded the same exemptions as the County government under these regulations in fairness to all local governments. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF WELLINGTON, FLORIDA; Section 1. The Village Council of the Village of Wellington hereby supports the recommendations of the Palm Beach County Municipal League that the amendments to Section 9.4, Wetlands Protection, of the Unified Land Development Code be adopted pursuant to Chapter 125, F.S., and that all municipalities be afforded the same exemptions as the County government under these regulations in fairness to all local governments. Section 2. The Village Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach County Board of County Commissioners, the Palm Beach County Department of Environmental Resources Management and to all municipalities in Palm Beach County. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED/may of October, 1997. VILLAGE OF WELLINGTON, FLORIDA ~ -~_~,~ ~.... FO R A GA1 NS T BY: ~ t// Dr. Carmine Priore, Vice Mayor Paul A} Adams, Councilmember Michgql McDono~(~,h, Councilmember ~.Mbmas Wenham, Councilmember ATTEST: Awilda Rodriguez, Village l~lerk .~ g:~share\group2\clerk~es97-34.doc RESOLUTION 63-97 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLOR/DA, SUPPORTING THE PALM BEACH COUNTY MUNICIPAL LEAGUE IN ITS RECOMMENDATION FOR AN AMENDMENT TO THE PROPOSED CHANGES BY THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (ERM) TO SECTION 9.4.. WETLANDS PROTECTION, OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR DISTRIBUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Department of Environmental Resources Management (ERM) has proposed a modification to Section 9.4, Wetlands Protection, of the Unified Land Development Code which will require EP~M oversight of municipal code adoption and enforcement; and WHEREAS, the proposed Wetlands Ordinance is adopted pursuant to the Environmental Control Act, which only allows municipalities the opportunity to opt-out of those regulations if the municipality's ordinance is as restrictive or more restrictive than the countywide regulations; and WHEREAS, all other proposed countywide regulations are either enumerated in the County Charter as approved by the electorate or adopted pursuant to Chapter 125, F.S., which allows an individual municipality the legal right to opt-out of the ordinance in accordance with the County/Municipal Policy; and WHEREAS, if the amendments are adopted pursuant to Chapter 125, F.S., municipalities not desiring to develop their own regulations will automatically be bound by the countywide ordinance while those adopting their own regulations will retain their legal ability to "opt-out"; and WHEREAS, the Village Council of the Village of North Pahn Beach supports the recommendation of the Palm Beach County Municipal League that the municipalities should be afforded the same exemptions as the Count)- government under these regulations in fairness to all local governments. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLOR/DA: Section 1. The Village Council of the Village of North Palm Beach, Florida, hereby supports the recommendations of the Palm Beach County Municipal League that the amendments to Section 9.4, Wetlands Protection, of the Unified Land Development Code be adopted pursuant to Chapter 125, F.S., and that all municipalities be afforded the same exemptions as the County government under these regulations in fairness to all local governments. Section 2. The Village Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach County Board of County Commissioners, the Palm Beach County Department of Environmental Resources Management and to all municipalities in Palm Beach County. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 9th DAY OF OCTOBER , 1997. ATTEST: _.~ I VILLAG]~ CLERK RESOLUTION NO. ~, 1997 A RESOLUTION OF THE COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, SUPPORTING ~ pALM BEACH CO~ MUNICIPAL I.I~AGUE IN ITS RECOMMENDATION FOR AN AMENDMENT TO THE PROPOSED CHANGES BY THE PALM BEACH COUNTY DEPARTMENT OF ENVIRO~AL RESOURCES MANAGEMENT (ERM) TO SECTION 9.4. WETLANDS PROTECTION OF THE ~ LAND DEVELOPMENT CODE; -' PROVIDING FOR DISTRIBUTION; PKOVIDING AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Depaxtment of Environmental Resource Management (ERM) has proposed a modificaXion to Section 9.4 Wetlands Protection of the Unified Land Development Code which will require ERM oversight of municipal code adoption and enforcement; and WHEI~AS, the proposed Wetlands Ordinance is adopted pursuant to the Environmental Control Act, which only allows municipalities the opportunity to opt-out of those regulations if the municipality's ordinance is as restrictive or more restrictive than the county wide regulations; and WlO~~ all other proposed county wide regulations are either enumerated in the County Charter as approved by the electorate or adopted pursuant to Chapter 125, F.S. which allows an individual municipality the legal fight to opt-out of the ordinance in accordance with the County/Municipal Policy; and WHEREAS, if the amendments are adopted pursuant to Chapter 125, F.S., municipalities not desiring to develop their own regul&tions will automatically be bound by the county wide ordinance while those adopting their own regulations will retain their legal ability to "opt-out"; and WHEREAS, the Town Commission of the Town of Lake Park supports the recommendation of~e Palm Beach Municipal League tl~ the municipalities should be afforded the same exemptions as the County government under these regulations in fairness to all local governments. NOW, THICk--ORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLOI~mA: The Town Commission of the Town of Lake Park hereby supports the recommendations of the Palm Beach County Municipal League that the amendments to Section 9.4, Wetlands Protection, of the Unified Land Development Code be adopted pursuant to Chapter 125, F.S., and that all munici~lities be afforded the same exemptions as the County government under these regulations in fairne~ to all local governments. The Town Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach County Board of County Commissioners, the Palm Beach County Department of Environmental Resources Mana~emem and to all municipalities in Palm Beach County. This Resolution shall take effect immediately upon passage. READ AN~ ~, ADOPTED THIS 1 ~TH DAY OF OCTOBER, lt~J7.