Res 47-94 RESOLUTION NO. 47-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VIGOROUSLY OPPOSING AND OBJECTING TO THE
BOARD OF COUNTY COMMISSIONERS' PROPOSED AMENDMENT TO THE
UNIFIED LAND DEVELOPMENT CODE, WHICH PROVIDES FOR A
PROPOSED PUBLIC UTILITIES FEE AS A SOURCE OF FUNDING FOR
THE COUNTY'S DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT WELLFIELD PROTECTION WORK; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, a proposal is being considered to implement a public
utilities fee based on last year's average treated water pumpage, or the
number of existing and proposed wells and the number of permitted
facilities in the wellfield, to be used as a source of funding for the
County's Department of Environmental Resources Management (DERM) Wellfield
Protection work; and
WHEREAS, based on last year's average treated water pumpage of
3,901,392 gallons or the number of existing and proposed wells and the
number of permitted facilities in the wellfield, the City of Delray Beach
would be assessed the amount of $19,506.00 or $52,023.00, respectively,
for the fiscal year; and
WHEREAS, the adoption of this ordinance establishes direct
taxing authority over municipal utilities by the County for the purpose of
supporting a County program and is beyond the authority set forth in
Sections 1.3 and 3.3 of the Palm Beach County Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Delray Beach,
Florida, vigorously opposes and objects to an amendment to the Palm Beach
County Unified Land Development Code, which provides for a proposed public
utilities fee as a source of funding for the County's Department of
Environmental Resources Management Wellfield Protection work.
Section 2. The City Commission of the City of Delray Beach,
Florida, is opposed to this utility fee and further believes that DERM is
expanding its regulatory program beyond the intent of the Wellfield
Protection Ordinance by proposing said fee and that the Board of County
Commissioners is exceeding the authority as set forth in Sections 1.3 and
3.3 of the Palm Beach County Charter in attempting to assess such a fee
upon municipal utilities.
Section 3. This Resolution will become effective i~ediately
upon passage, and the City Clerk is hereby directed to forward a copy of
the same to the Department of Environmental Resources Management, the
Board of County Co~issioners, the Palm Beach County Municipal League and
all other appropriate agencies?
PASSED MD ADOPTED in regular session on this the 7th day of
June, 1994.
ATTEST:
- ~ity-~le~ ~
- 2 - Res. No. 47-94
·
CITY I:IF DELRAY BEACH
CITY CLERK
100 N ~'¥ ~;: AVff~UE * D~L~AY BEACH, FLORIDA 33444 · 407 243 7000
AII.~ Ci~
1993
June 8, 1994
Mr. Jack Horniman
Executive Director
Palm Beach County Municipal League
P.O. Box 1989
West Palm Beach, FL 33402
Re: Resolution No. 47-94/Objecting to Proposed Public Utilities ~ee
Dear Mr. Horniman:
Attached is an executed copy of Resolution No. 47-94, vigorously
opposing and objecting to the Board of County Commissioners'
proposed amendment to the Unified Land Development Code, which
provides for a proposed public utilities fee as a source of funding
for the County's Department of Environmental Resources Management
Wellfield Protection work.
Resolution No. 47-94 was passed and adopted by unanimous vote of the
City Commission of the City of Delray Beach, Florida, in regular
session on June 7, 1994.
If you need any additional information, please do not hesitate to
contact me.
Sincerely,
~/~2~~~ Distribution also to:
Alison MacGregor Harty P.B.C. DERM
City Clerk Board of County Commissioners
AMH/m P.B.C. Municipalities
Attachment Trela White, Esq.
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Paper
[ITS' DF DELRIIV BEIICH
CITY ATTORNEY'S OFFICE ~°° ~'~TM^~' ~""^¥ "~^~"' ~°"~^ ~"~
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 19, 1994
TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution Objecting to Proposed Public Utilities Fee
The County Commission is expected to hold a public hearing on
second reading of the attached ordinance which would impose a
public utilities fee to fund the County's Wellfield Protection
Program. It is expected that this second and final reading and
public hearing will be held in June.
Trela White on behalf of the City of Lantana has drafted a
resolution opposing the utility fee. I have modified the
resolution for our use and would request that the resolution be
considered at the City Commission meeting of June 7, 1994. It
is my understanding that this resolution is backed by the
municipal league and the cities of Boynton and Lantana have
already passed the resolution. In addition, it is expected
that the City of Magnonia Park, Jupiter, Atlantis, Royal Palm,
and Boca Raton will also be objecting to the fee.
In addition to the attached resolution and proposed ordinance,
I've provided a legal opinion regarding the legalities of such
a fee.
Please call if you have any questions.
cc: William Greenwood, Director of Environmental Services
Diane Dominguez, Director of Planning and Zoning
Printed on Recycled Paper
CITY OF DELRItV BEACH
CITY ATTORNEY'S OFFICE
FACSIMILE 407/278-4755 Writer' s Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 19, 1994
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Legality of the Proposed Public Utilities Fee
Florida Statutes Sec. 373.023(2) states that, "No state or
local government agency may enforce, except with respect to
water quality, any special act, rule, regulation, or order
affecting the waters in the state controlled under the
provisions of this act".
The Palm Beach County Charter in Section 1.3(1) limits the
the power of Palm Beach County to enact Wellfield Protection
ordinances within the parameters set forth in Section 3.3 of
the Charter.
Section 3.3 of the Palm Beach County Charter does not expressly
permit the imposition of fees, but instead permits Palm Beach
County to protect the health, safety, and general welfare of
all the residents of Palm Beach County by enacting ordinances
to accomplish those purposes, including a Countywide Ordinance
relating to the protection of wells and wellfields by providing
criteria for regulating and prohibiting the use, handling,
production and storage of certain deleterious substances which
may impair present and future public potable water supply,
wells and wellfields.
The aforesaid provision of the Florida Statutes and the Charter
of Palm Beach County appear to prohibit the implementation of
the proposed public utilities fee on the number of gallons
pumped from the aquifer. In addition, the State of Florida,
not Palm Beach County, has the ownership rights to the aquifer.
In addition, our office believes that this fee is in actuality
a tax which is not authorized.
Based on the foregoing, it is our office's belief that the
public utilities fee, as proposed is not legally enforceable.
Pdnted on Recycled Paper
City Commission
May 19, 1994
Page 2
Please call if you have any questions.
c~~D~t -Harden, City Manager
William Greenwood, Director of Environmental Services
Diane Dominguez, Director of Planning and Zoning
O~OINANCE NO.
3 FLORIDA AMENDING TH~ UNIFIED LAND
4 DEVELOPHENT CODE, ORD~NA}~C~ 9~-~,
5 AMENDED~ AME~ING S~ECTION 9.~K~
6 AM~ND~N~ ~CTIo~ ~,~ TO ADD 8U~EOTION
7 9.~P~ ~U~LIC UTILIT~ FEE~
8 ~NOTZON 9,~ TO ~DD ~U~CT~0N
9 NELLFIELD PROTECTIO~ ~U~Dt ~ROVIDING FOR
10 ~EP~L O~ LAWS ~N CONFL!OT~ ~OVID~ FOR
11 S~V~RABZLITy~ PROVIDING FOR INCLUSION I~
12 T~ CODE O~ LAW8 A~D
13 PROVIDIN~ FOR ?~ EFF~C¥IV~ DAT~.
14 NNEREA~, Palm Beach County enacted Ordinance 92-20,
15 commot~ly known as the Unified Land D~velopm~nt Codsi and
16 WHER~8, the Board of County Commimston~r~ enacted
17 ordinance 91-29, co~only known a~ the Palm B~ach County
18 W~llfield Prot.otion Ordinance and l~corporat~d it'into th~
19 Unified Land Development Codm at coition 9.3; and ,
20 WHE~AS, th. Boar~ of county commi.mioner~
21 determimed that the amendments contained In thi~
22 furthers the Intent and pollcy to ensure, under the Palm ~aach
23 County W~ll. field Protection Ordinance, th~ continued h~alth,
24 Safety, w~lfare, and gual.ity of th~ ~nvironment for
25 of and visitors to Palm Scroll County.
26 NOW, THERBFOR~, ~, ~T ORDAIneD BY THE BOARD OF
29 Section 9.3 of the Unified L~nd Development Code, as enacted
30 by Ordinance 92-20 and amendod from time to ttmm, is
~1 amended an follows:
32 ~ Section 9,3K, F~ES, t~ h~r~by a~end~d by adding
33 tb~ following ~ubse=tion~
34 ~__~3f~L~_.hodtf[cation Fee~~_fee,_for modl£1oation
35 pormtt due.~o Co~s~ruc~l~l or reconstruction_of .~.factllty as
40 ~p~ovad F~e Schedule..
5 ~ Section 9.3 1~ hereby amended by adding ~ub~ction
6 P, ~_~l~~_~, as fol.~oW~:
S ~ ~liu Utliitjes Fee .... -- h .aPP~Z
9 ~.~. w~ter pub_~!c_uti~~ P~~ach uoun~
i o
11 .t~e_amoun~_q~~~ter ~d pr upo~..~h~_ n~
i9 deposited _tha~ y~ar_.~the We!~:~ld F~9~ep~_lon. F~O~~
~2 ~~k~~ed_~ anc:unt..nrovid.ed for_in t!~9
23 ~Pt'OV ~d ] ~ ~,,. S~b e~ule.
24 ~ ~.~__.~~ tl~ .amount of ,~
26 ~ C~mm~no. ing 90~~99~ aDd.cont~ging
27 8v~ry OGto~r 1 ..thmreafter._.. an estim.~ted annun.t fee sha~l b~
28 ~culat~d .basod_~ ' '~d _groundWater. P_~mD~
29 ~rlnq_ the...lmmediately. Drece~/l~.. ~ndar_~ar.l comasno~
~~~.~ou~dwater. ~D~d d~n~ ,t~.e_ immediat.!~
4 tee for tile
9 ~t~ ~.~~ment=~ltR~3~._~. annual
B~~. s,otion 9.3 i9 h~reby amendod by addlnq
13 ~ ~el~fiel. d
14 ~~.~~ Fund ~hali
25 All local law~ and ordinan:~ applytn~ ~o the
26 UDiDoorporated area of Palm B~ach County in conflict with any
27 P~OVi~ion of thio ordinanc~ are h~r~by rmpaaled to th~
28 of any ~uoh conflict.
30 If any gootlo~, pnr~grapll, s.ungm~g~ ~l~;Ise, phrase,
31 or word of this ordinance is for any reason held by thm Court
32 to bm unGon{titutional, inoperattv~ or void, ~uch holding
33 shall not affect the r~maind~r of this oudinanoo.
.3
1 made a part of the code of law~ ~nd ordinance~ of Palm
~ count~, Florida. The Sectio~%s of the ordinance m~y b~
3 renumbered or relettored to a~c~mpli~h such, a~d the word
4 "ordinance" may ~e cha;]qed to "section," "article," or any
5 other appropriate word.
7 Th~ prov~sion~ of tht~ ordinano~ ~hall b~coma
8 effective upon receipt of acknowledg.ment by the ~ecr~tary of
1~ APPROVED ~D A~PT~D by the ~oard of County
11 Commis~oners of Palm Beach County, on the d~y
12 O~ . , 19
13 PA~ BEACH COUNTY, T~RIDA,
14 BY ITS BOARD OF cOUNTY CO~I88IONERS
2 0 - 'bOUN?~'
~1 AoknoWledg,ment by the Department of Stake of the State
24 ~F~CTXV~ DAT~ Ackl~owl~dge~e~ from Lh~ D~p~rt~h~ 6~
25 Stat~ received o~ the ~ day of _, 19 ...,
26 at .H. and filed in th~ office of the
27 Clerk of the Board of County Commt,~io~er~ of Palm B~ach
28 County, Florida.
Board of County Commissioners County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson ~
Maude Ford Lee
July 20, 1994
Alison MacGregor Harty, City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
This letter acknowledges receipt of Resolution No. 47-94 opposing
and objecting to the proposed amendment to the Unified Land
Development Code which provides for a proposed public utilities
fee.
The Palm Beach County Board of County Commissioners officially
received and filed your correspondence at the June 21st Board
meeting. A copy of Resolution No. 94-21 was sent to Richard
Walesky, Director of Environmental Resources Management.
Sincerely,
Dianne Cahill
Agenda Coordinator
cc: Richard Walesky
RECEIVED 'i
crI'Y CLERK ............ 1
"An Equal Opportunity - Affirmative Action Employer"
~printodon rocyclocipapor P.O. Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2030 FAX: (407) 355-3982
JULY 19,1994
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends motion to receive and file: The following Florida Department
of Corrections First Annual Follow-up Inspection Reports: Palm Beach County Jail;
Palm Beach County Stockade; Palm Beach County Jail, Belle Glade Annex; and
the Belie Glade Drug Farm. SUMMARY: In accordance with Fla. Statute 944.32,
the four (4) above-referenced FDOC First Annual Follow-up Inspection Reports are
submitted for Receive and File to be made a matter of public record and available
for public inspection. There are no substantial violations contained in these
reports.
2. Staff recommends motion to receive and file: The executed documents received
during the month of July, 1994.
3. Staff recommends motion to receive and file: Resolutions opposing and objecting
to the Board of County Commissioners' proposed amendment to the Unified Land
Development Code, which provides for a proposed public utilities fee as a source
of funding for the County's Department of Environmental Resources Management
Wellfield Protection work.
a. City of Delray Beach, Resolution No. 47-94
b. Town of Highland Beach, Resolution No. 646
4. Staff recommends motion to receive and file: Resolution No. R94-97 of the City
Commission of the City of Boynton Beach, Florida, establishing an additional
assessment as a result of violations of criminal law.
B. CLERK
1. Staff recommends motion to approve: Warrant List.
2. Staff recommends motion to approve: Contracts on contract list.
C. ENGINEERING & PUBLIC WORKS
1. Staff recommends motion to adopt: Resolution declaring the acquisition of right-
of-way for parcels 83, 86 and 125 for the improvement of Okeechobee Extension
from Seminole Pratt Whitney Road to the M-2 Canal to be a public necessity,
authorize the employment of appraisers and authorize the filing of Eminent Domain
Proceedings. SUMMARY: This Resolution initiates Eminent Domain proceedings
for Okeechobee Extension from Seminole Pratt Whitney Road to the M-2 Canal
with total appraised value at $311,000. (Companion Item3G-6) District 6 (PV)
2. Staff recommends motion to accept and authorize: Payment for a Right-of*Way
Deed and Temporary Construction Easement (parcels 109 and 309) located on
Jog Road between Woolbright Road and Boynton Beach Boulevard. SUMMARY:
The property owner for the parcel shown herein has not accepted the appraisal
value of -~ 25,700 and has submitted a counter-offer in the amount of $31,129
inclusive of attorney fees, a difference of $5,429. The Right-of-Way Acquisition
Committee has reviewed this counter-offer and recommends approval. District 5
(PFK)
Board of County Commissioners County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson ~
Maude Ford Lee
June 13, 1994
Alison MacGregor Harty
City Clerk
City of Delray Beach
100 N.W. 1st. Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
Thank you for sending me a copy of Resolution No. 47-94, opposing
and objecting to the Board of County Commissioners' proposed
amendment to the Unified Land Development Code, which provides for
a proposed public utilities fee as a source of funding for the
County's Department of Environmental Resources Management Wellfield
Protection work; passed and adopted on June 7, 1994, by unanimous
vote of the City Commission of the City of Delray Beach, Florida,
in regular session on June 7, 1994.
I have forwarded the resolution and the interlocal agreement to the
County's Agenda Coordinator to be placed on the next available
agenda to be received and filed. If I may be of further
assistance, please don't hesitate to contact me.
S inc ere ly,
~cCa~~rt, Ch~ ~
alto Beach c~r~y Commission
MM.-rfg ~
cc: Diane 1, Agenda Coordinator w/attachment
RECEIVED
CITY CLERK
"An Equal Opportunity - Affirmative Action Employer"
P.O. Box 1989 West Palm Beach, Florida 33402-1989
~oriatedon r~cyc/edoapor (407) 355-2001 FAX: (407) 355-3990