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Res 62-93 RESOLUTION NO. 62-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT AND THE MULTI-JURISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT, AND AUTHORIZING THE MAYOR, WITH ATTESTATION BY THE CITY CLERK, OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECUTE SAME. 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 Comprehensive Plan Amendment Coordinated Review Interlocal Agreement establishes an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive planning process with minimal bureaucracy and expense for the participants; and WHEREAS, the Multi-Jurisdictional Issues Coordination Forum Agreement establishes a vehicle for consensus building through the identification and possible resolution of multi-jurisdictional issues; and WHEREAS, the City Commission of the City of Delray Beach, Florida, in the spirit of cooperation and as an expression of its commitment to the betterment of Palm Beach County as a whole, desires to become a participant in the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and a member in the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby affirmed and ratified. Section 2. That the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement are hereby approved. Section 3. That the Mayor of the City of Delray Beach, Florida, with attestation by the City Clerk, is hereby authorized to execute said agreements PASSED AND ADOPTED in regular session on this the 22nd day of June, 1993. ATTEST: City C~erk ! - 2 - Res. No. 62-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER RESOLUTION NO. 62-93 DATE: June 18, 1993 This is a resolution approving the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Multi-jurisdictional Issues Coordination Forum Interlocal Agreement; and, authorizing the Mayor, with attestation by the City Clerk, to execute the same. These proposed agreements and programs replace the defunct Countywide Planning Council. The first agreement establishes a comprehensive plan review process which emphasizes participation of local governments and affected agencies in the front end of the planning process in an effort to resolve potential comprehensive plan conflicts. By signing this agreement, the City becomes signatory to this countywide intergovernmental coordination program. The second agreement establishes a multi-jurisdictional Forum to hear and discuss issues that are deemed to be of countywide significance by a membership of participants from local governments. By signing this agreement, the City also becomes signatory to this program. Because of the anticipated large number of participants, the Municipal League is requesting that the City authorize the execution of this agreement by resolution. Signature blocks will then be prepared and the original copies routed to the people authorized to sign the agreements. The goal is to implement this process by October 1, 1993. Planning and Zoning Board review is not required. Detailed documentation is included in the backup material for this item. Recommend approval of Resolution No. 62-93. RESOLUTION NO. 62-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT AND THE MULTI-JURISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT, AND AUTHORIZING THE MAYOR, WITH ATTESTATION BY THE CITY CLERK, OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECUTE SAME. 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 comprehensive Plan Amendment Coordinated Review Interlocal Agreement establishes an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive planning process with minimal bureaucracy and expense for the participants; and WHEREAS, the Multi-Jurisdictional Issues Coordination Forum Agreement establishes a vehicle for consensus building through the identification and possible resolution of multi-jurisdictional issues; and WHEREAS, the City Commission of the City of Delray Beach, Florida, in the spirit of cooperation and as an expression of its commitment to the betterment of Palm Beach County as a whole, desires to become a participant in the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and a member in the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby affirmed and ratified. Section 2. That the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement are hereby approved. Section 3. That the Mayor of the City of Delray Beach, Florida, with attestation by the City Clerk, is hereby authorized to execute said agreements PASSED AND ADOPTED in regular session on this the 22nd day of June, 1993. ATTEST: City C~erk /~ - 2 - Res. No. 62-93 CITY COMMISSION DOCUMENTATION TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 22, 1993 PARTICIPATION IN INTERGOVERNMENTAL COORDINATION PROGRAMS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Resolution which authorizes the Mayor to execute two separate interlocal agreements. These agreements provide for participation in: * Countywide Plan Amendment Review; and, * a Multi-jurisdiction Issues Forum BACKGROUND: The correspondence from the Municipal League is self-explanatory. These agreements were created with the direct participation of your Planning Director. They have been reviewed for legal sufficiency by the City Attorney. In her review, the City Attorney notes that full compliance with ELMS-III legislative is not accommodated in these interlocal agreements. Specifically, requirements dealing with a mandatory mediation process are not in place. This situation is acknowledged by the task team of elected officials which guided our efforts. The thought is that after the "voluntary" approach gains creditability, we will then proceed to full compliance with the ELMS-III legislation. Thus, a new agreement will evolve; however, such a step may not be pursued for one to three years. Compliance with the ELMS-III legislation (with respect to intergovernmental coordination) is not required until December, 1997. City Commission Documentation Participation in Intergovernmental Programs Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed this item. However, they have been kept aware of its evolution. Proposed amendments contained in 93-2 are structured to accommodate the provisions of this agreement. Those plan amendment provision have been supported by the Planning and Zoning Board. RECOMMENDED ACTION: Approval of the resolution. Attachments: * Material as provided by the Municipal League. DJK/T:CCINTER.doc PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: //.~AN RUBY, CITY ATTORNEY ,. FROM: DAVID-~Ii KOVACS, DIRECTOR . . DEPARTMENT OF PLANNING AND ZONING DATE: JUNE 7, 1993 SUBJECT: INTERLOCAL AGREEMENTS IMPLEMENTING MULTI-JURISDICTIONAL REVIEW OF PLAN AMENDMENTS AND CREATION OF AN ISSUES FORUM Attached is a cover letter, two interlocal agreements, and a resolution which provides the authorization for execution of these agreements. I have asked that these items be placed on the June 22nd agenda of the City Commission for action. The agenda items would be: * Resolution No ~-93 authorizing execution of the "Comprehensive Plan Amendment Coordinated Review Interlocal Agreement" and the "Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement" ..~ * Actions to provide for implementatio ution No. -93 including: * payment of membership fee for FY 93/94, amount of $5OO; * appointment of the Director of Planning and Zoning to the Interlocal Plan Amendment Review Committee (Art IV, Sec 2.B); * designate the City Manager as the individual who can file a written notice of intent to object, to file a formal objection [Art VIII, Sec l(A)((2)]; * determine that a formal action of the City Commission is not required prior to filing of a written objection [Art VIII, Section l(A)(3)]; * Designation of a specific Commission Member, and an alternate, to represent the City of Delray Beach on the FORUM. I will prepare the City Commission Documentation; however, it is necessary that your office review and approve of the interlocal agreements and the enabling resolution. The legal documents have been prepared by John Corbett, representing the Municipal League, and by Denise Dytrych, an Assistant County Attorney. To: Susan Ruby, City Attorney · Re: Interlocal Agreements Implementing Multi-Jurisdictional Review of Plan Amendments & Creation of an Issues Forum Page 2 If you have any questions about the substance of the agreements, call on me. Questions as to legal form should be directed to the above named individuals. DJK/dlm Attachments: * Memo of June 1, 1993 from the Municipal League * Interlocal Agreement for Plan Amendment Review * Interlocal Agreement for Issues Coordination * Model Resolution C: David Harden, City Manager, memo only Alison Harty, City Clerk, with attachments DJK/INTERGV.DOC £1T¥ DF DELRII¥ BEII£H CITY ATTORNEY'S OFFICE FACSiMIi.E 4~)7/27~.~75~ Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: June 14, 1993 TO: David Kovacs, Director of Planning and Zoning FROM: Susan A. Ruby, City Attorney SUBJECT: Interlocal Agreements Implementing Multi-Jurisdictional Review of Plan Amendments and Creation of an Issues Forum I have reviewed the documents sent along with your June 7, 1993 memorandum. My only legal question is the effect of the Elms Bill, Section 35 on Page 81 which states that each Regional Planning Council shall establish by rule, a dispute resolution process to reconcile differences on Planning and Growth Management issues between local governments, regional agencies and private interests. It further requires that the dispute resolution process shall, within a reasonable set of time frames, provide for voluntary meetings among the disputing parties; if those meetings fail to resolve the dispute, initiation of voluntary mediation or similar process; if that process fails, initiation of arbitration or administrative or judicial action where appropriate. My review of the documents you sent indicate that there is a facilitation and non-binding mediation process, but the agreement does not include arbitration or administrative or judicial action processes. The dispute resolution process to be established by rule by the Regional Planning Council has, I'm sure, not been established as of this date. Do you contemplate revisions to these agreements once the rule is published. Should you inform the Commission that this process may or may not meet the dispute resolution process requirements once established by rule? In to all other respects, I have no objection as to the legal su~iciency or form. If you want to discuss this, please call. cc David Harden, City Manager issues, sar Palm Beatll I oun[y MUNIGIPAL LEAI IIE P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 355-4484 R C iVF-D JUN 4 M E M 0 R A N D U M CITY MANAG£R,S OFFICE · O: Mayors, Managers, County Commissioners, Palm Beach County School Board Members, Special District Members and the South Florida Water Management District Bob McDonald, ~ernme Coordination FR: Program ?ask ~ ~ ntal June 1, 1993 ~ RE: Countywide Intergovernmental Coordination Program For the past six (6) months, representatives of the municipalities, the County, the School Board, and special districts have been meeting in an effort to establish an effective intergovernmental coordination program for Palm Beach County. A Task Force represented by the following individuals with assistance from Planners from various cities, the County and other agencies have been developing this program: Mayor Bob McDonald, Lantana Mayor Gale Milton English, Mangonia Park Mayor Karen Golonka, Jupiter Mayor Ed Harmening, Boynton Beach Mayor Sam Ferreri, Greenacres (Alternate) Commissioner Mary McCarty, Palm Beach County Commissioner Carol Roberts, Palm Beach County Commissioner Warren Newell, Palm Beach County (Alternate) Ms Leah Schad, South Florida Water Management District Mr Bill Graham, Palm Beach County School Board Mr William Winters, Special Districts The Task Force has completed its efforts and is now asking local governments, the School Board and special districts to become participants in this program. Intergovernmental Coordination Task Force June 1, 1993 Page 2 To summarize the Task Force efforts, a program has been established which requires a minimal cost to local governments, the School Board and special districts; and minimal bureaucracy. A two (2) part program has been developed. Part I establishes a comprehensive plan review process that operates within existing Chapter 163, F.S. and Rule 9J5, F.A.C. State Planning law requirements. It emphasizes participation of local governments and affected agencies in the front end of the planning process in an effort to resolve potential comprehensive plan conflicts in a coordinated fashion. Also, Comprehensive Plans of local governments will have to amend their Intergovernmental Coordination element to address the program's objectives. All local governments, the School Board and special districts are being asked to sign an interlocal agreement entitled "Comprehensive Plan Amendment Coordinated Review Interlocal Agreement" that is attached to this correspondence (see Attachment I). By signing to this agreement, your local government becomes signatory to this countywide intergovernmental coordination program. Also included in this correspondence is a model resolution (see Attachment II). Because of the anticipated large number of participants, we request that your local government, the School Board or special district authorize the execution of this agreement. Signature blocks will then be prepared and the original copy routed to the people authorized to sign the agreement. Part II of this intergovernmental coordination program is to establish a multi-jurisdictional Forum to hear and discuss issues that are deemed to be of countywide significance by a membership of participants from local governments. The idea and purpose of the Forum is to develop, through a consensus building process, a way to effectively identify and address countywide issues. Your local government is also being requested to become a signatory to the Part II program by signing the interlocal agreement entitled "Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement" (see Attachment III). Like Part I, the model resolution will apply to the Part II program. A person should be authorized to execute the Part II interlocal agreement and the original copy will be routed to those authorized for signature at a later date. Our go'al is to implement this process by October 1, 1993 which means that the interlocal agreements and the resolution must be signed by this time. Intergovernmental Coordination Task Force June 1, 1993 Page 3 The Task Force believes that it has developed a countywide intergovernmental coordination program for Palm Beach County that will be a model for other cities and counties in the State of Florida. The processes developed as part of this program closely track the new ELMS legislation that was passed by the Florida Legislature during its 1993 Legislative Session. Our efforts should give us a head start in our comprehensive planning programs as the comprehensive plan update timeframes approach. Each city, County, the School Board and special district will be assessed a $500 annual fee to participate in this program. Larger cities, the County, the School Board and special districts with planning staffs will be asked to offer additional in-kind services of these professionals to perform review and research functions for the intergovernmental coordination program. The Town of Lantana will house the "clearinghouse" and staff (one part-time planner) to effectuate this program. Your participation in this program is necessary to make it successful. We know details of this program may require further- explanations. Please consult with your Planner if he or she has been a participant in the Planners Group or contact Mr. David Kovacs, Planning Director of Delray Beach at (407) 243-7040, who has been spearheading the administrative efforts of this program. £1T¥ OF DELRFIV BEFI£H 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 June 29, 1993 Bob McDonald, Chairman Palm Beach County Municipal League P.O. Box 1989 Governmental Center West Palm Beach, FL 33402 Re: Countywide Intergovernmental Coordination Programs Dear Bob: At its meeting of June 22, 1993, the City Commission of Delray Beach approved Resolution 62-93 which approved both interlocal agreements and authorized the Mayor to execute them. A sealed original of the Resolution is enclosed. In separate actions, the City Commission also: 1. Authorized payment of the $500 membership fee. Upon receipt of an invoice, this fee will be paid. 2. Appointed David J. Kovacs, A.I.C.P., Director of Planning to serve on the Interlocal Plan Amendment Review Committee [Article IV, Section 2.(S)]. 3. Designated the City Manager as the City Official who may file a formal "intent to object" [Article VIII, Section l(a)(2)]. 4. Determined that a formal action of the City Commission is required for filing a formal objection [Article VIII, Section l(A)(3)]. 5. Appointed Commissioner Jay Alperin as the City representative to the Issues Forum with Commissioner Barbara Smith being an alternate. THE EFFORT ALWAYS MATTERS To: Bob McDonald, Chairman Palm Beach County Municipal League Re: Countywide Intergovernmental Coordination Programs June 29, 1993 Page 2 If I may be of any further assistance to you, feel free to call on me. Sincerely, David J. Kovacs, Director Department of Planning DJK/cm Attachments: * Resolution 62-93 C: Alison Harry, City Clerk DJK/T:INTERL.doc £1T¥ aF DELRI:I¥ BEI:I[H ~ ,_',', .L, ~ ~ z~', E'~,LE · [~EL:~Z~' ~EAC~4 F-'-OFIIDZ, 334.4.4. · 305 278[_-~'~ CERTIFICATION I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 62-93, approving the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement, and authorizing the Mayor, with attestation by the City Clerk, of the City of Delray Beach, Florida, to execute same. Resolution No. 62-93 was passed and adopted in regular session on the 22nd day of June, 1993, by the City Commission of the City of Delray Beach, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 25th day of June, 1993. Alison Mac~rego~ Harry City Clerk City of Delray Beach, Florida SEAL RESOLUTION NO. 62-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT AND THE MULTI-JURISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT, AND AUTHORIZING THE MAYOR, WITH ATTESTATION BY THE CITY CLERK, OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECUTE SAME. 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 Comprehensive Plan Amendment Coordinated Review Interlocal Agreement establishes an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive planning process with minimal bureaucracy and expense for the participants; and WHEREAS, the Multi-Jurisdictional Issues Coordination Forum Agreement establishes a vehicle for consensus building through the identification and possible resolution of multi-jurisdictional issues; and WHEREAS, the City Commission of the City of Delray Beach, Florida, in the spirit of cooperation and as an expression of its commitment to the betterment of Palm Beach County as a whole, desires to become a participant in the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and a member in the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby affirmed and ratified. Section 2. That the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement are hereby approved. Section 3. That the Mayor of the City of Delray Beach, Florida, with attestation by the City Clerk, is hereby authorized to execute said agreements PASSED AND ADOPTED in regular session on this the 22nd day of June, 1993. ATTEST: city C~erk -- - 2 - Res. No. 62-93 COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT This Interlocal Agreement, dated the 1st day of October, 1993, entered into by and among the various parties executing this Agreement, each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes; W I T N E S S E T H: 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, Part II of Chapter 163, Florida Statutes, requires the coordination of local comprehensive plans with the comprehensive plans of adjacent local governments and the plans of school boards and other units of local government providing services but not having regulatory authority over the use of land; and WHEREAS, the participants to this Agreement desire to establish an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully' utilizes the existing Chapter 163 comprehensive planning process with minimal bureaucracy and expense for the participants; and WHEREAS, participation in this program shall not diminish any existing local government's or service provider's process or power; and WHEREAS, the participants desire to enter into this Agreement to provide countywide coordination in the comprehensive plan amendment process. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is mutually agreed and understood, by and among the undersigned agencies that now or may hereafter execute this Agreement, as follows: ARTICLE I. TITLE This Agreement shall be known and may be cited as the "Comprehensive Plan Amendment Coordinated Review Interlocal Agreement". ARTICLE II. PURPOSE The purpose of this Agreement is to establish a countywide Comprehensive Plan Amendment Coordinated Review Process. This process is designed to provide coordination of proposed plan amendments, cooperation between affected local governments and service providers, and opportunities to resolve potential disputes only within the Plan Amendment Process with the least amount of infringement upon existing processes, without undue processing delays and without the necessity of significant staffing or consultant costs. Specifically, the Comprehensive Plan Amendment Coordinated Review Process will accomplish the following: A. Proposed Plan Amendments shall have sufficient distribution and dissemination to insure that initial transmittal and final approval will not occur without adequate notice to local governments and service providers who may be adversely affected by the action. 2 B. An avenue for discussion and evaluation of the proposed Plan Amendments is created so that the governing body is aware of objections, the basis for them, and the reasonableness of the objection. C. An opportunity is created for conflict resolution of an item which, if approved, may result in a potential problem for another local government or service provider. D. The Comprehensive Plan Amendment Coordinated Review Process does not diminish or transfer existing authority with respect to planning and implementation decisions of the participants. ARTICLE III. DEFINITIONS The following definitions shall apply to this Agreement: "Act" means Part I of Chapter 163, Florida Statutes. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Clearinghouse" means the agency that provides the logistic support services for the Comprehensive Plan Amendment Coordinated Review Process. "Comprehensive Plan" means the plan adopted by a local government pursuant to Chapter 163, Part II, Florida Statutes, meeting the requirements of Chapter 163, Part II, Florida Statutes and its implementing rules. "Conflict Resolution Panel" means a subgroup of the Interlocal Plan Amendment Review Committee. "Days" means calendar days. "Executive Committee" means the representative body of the local governments and service providers responsible for the oversight and administration of this Agreement. "Fact-finding Panel" means a subgroup of the Interlocal Plan Amendment Review Committee. "Governing Body" means the board of county commissioners of a county, the commission or council of an incorporated municipality, the Palm Beach County School Board, the Governing Board of the South Florida Water Management District, or the governing, body of a special district. "Interlocal Plan Amendment Review Committee" means the body comprised of full-time planning directors or other similar position, from any local government participant. This group is charged with the major technical role in the Comprehensive Plan Amendment Coordinated Review Process. "Local Government" means the incorporated cities, villages and towns within Palm Beach County and the County of Palm Beach. "Participants" means those local governments and service providers who have entered into the Comprehensive Plan Amendment Coordinated Review Process through this Agreement and have paid the annual participation fee as required in this Agreement. "Plan Amendment" means any change or modification to an adopted comprehensive plan that is considered a comprehensive plan amendment pursuant to Chapter 163, Part II, Florida Statutes, or its implementing rules. "Service Providers" means the Palm Beach County School Board, the South Florida Water Management District, and all independent special districts located in whole or in part in Palm Beach County which provide services required to be addressed in comprehensive plans by Chapter 163, Part II, Florida Statutes. ARTICLE IV. PARTICIPATION. Section 1. Ail local governments and service providers located in whole or in part in Palm Beach County are eligible to participate in this Agreement. Only the parties who execute this Agreement and who have paid their annual participation fee are considered participants under this Agreement. Any local government or service provider who is not a participant by October 1, 1993, may become a participant upon execution of a unilateral Participation Agreement, in such form as the agreement attached hereto as Exhibit "A". Section 2. Participant General Obligations A. All participants shall be obliged to pay an annual participation fee. (1) The initial participation fee shall be $500.00 per participant. This fee shall cover participation from October 1, 1993 to September 30, 1994 and shall be due and payable by October 31, 1993. (2) The participation fee shall be $500.00 per year for each subsequent year, unless this amount is modified as authorized in Article V, Section 2 F. No modification shall increase the fee by more than 5 25% of the past year's fee amount. The annual participation fee shall be due and payable by October 1 of each Succeeding year. (3) Non-payment of the fee shall result in the suspension of participation in this Agreement pursuant to Article XI, Section 7. (4) A fee paid pursuant to this section shall not be returned in full or prorata amount upon a participant's withdrawal from this Agreement. Participants entering into this Agreement after October 1, 1993, or during any period subsequent to September 30 of each year thereafter, shall be obliged to remit the entire fee amount. B. The local governments employing full-time planning directors or other similar positions are required to appoint that person to the Interlocal Plan Amendment Review Committee. C. -The local governments and service providers who become participants agree to provide technical assistance requested by a Fact-finding Panel or Conflict Resolution Panel established pursuant to this Agreement. ARTICLE V. EXECUTIVE COMMITTEE Section 1. Creation/Purpose There shall be created an Executive Committee to provide oversight and direction to the Comprehensive Plan Amendment Coordinated Review Process established this Agreement, in accordance with and pursuant to the duties and responsibilities 6 expressed herein. Section 2. Duties and Powers The Executive Committee shall have the following duties, powers and responsibilities: A. Prepare an annual budget. B. Oversee the collection and expenditure of funds. C. Prepare an annual report to the participants detailing the activities and results from the comprehensive plan amendments processed pursuant to this Agreement. D. Oversee the operations of the various panels, committees, and the Clearinghouse established pursuant to this Agreement. E. Make recommendations to the participants on ways to improve the coordination process. F. Modify the annual participation fee in accordance with this Agreement. G. By majority vote of the entire membership of the Committee, modify the time frames set forth in Article VIII. H. Propose amendments to this Agreement pursuant to Article XI, Section 4. I. Select the Clearinghouse from interested participants. No enumeration of duties, powers, and responsibilities herein shall be deemed exclusive or restrictive, but shall be deemed to 7 incorporate all implied powers necessary or incident to carrying out the purposes of this Agreement. Section 3. Membership A. The Executive Committee shall consist of nine members, selected from the following five categories in the manner specified, and shall meet the following criteria: (1) Four elected municipal officials, selected by the Palm Beach County Municipal League. (2) Two Palm Beach County Commissioners, selected by the Palm Beach County Commission. (3) One member of the Palm Beach County School Board, selected by the Palm Beach County School Board. (4) One member of the South Florida Water Management District Governing Board, selected by the SoUth Florida Water Management District Governing Board. (5) One Special District Representative, who shall reside in Palm Beach County and represent a District in Palm Beach County, appointed by the Regional Chair of the Florida Association of Special Districts. B. Except for the Special District Representative, all members of the Executive Committee shall be a representative of a participant. Each member shall have one vote on the Committee. C. Each category as set forth in Paragraph A shall be entitled to appoint one (1) alternate. The alternate from 8 categories 1 - 3 must be an elected official. If no other member of the South Florida Water Management District Governing Board resides in Palm Beach County, the Executive Director or his designee shall be the South Florida Water Management District alternate. The Regional Chair of the Florida Association of Special Districts shall appoint as the Special District alternate a person who resides in Palm Beach County and represents a district in Palm Beach County. The alternate may act in place of any member from the same category. D. In the event there are no participants in a designated category set forth in paragraph A, that category shall be deemed deleted and all remaining categories shall constitute the Executive Committee accordingly. Section 4. Executive Committee Action A. The affairs, actions and duties of the Executive Committee shall be undertaken at duly called meetings pursuant to Section 9 hereof. B. For any meeting of the Executive Committee at which any official action is to be taken, a majority of the committee members shall constitute a quorum, and a majority vote of the members present shall be the act of the Executive Committee. C. A certificate, resolution, or instrument signed by the Chair, Vice-chair or such other designated person of the Committee as may be hereafter selected by the Committee shall be evidence of the action of the Committee. Section 5. Election of Officers 9 Once a year, and at such other time as may be necessary to fill a vacancy, at a meeting of the Executive Committee called for the purpose thereof, the Committee members shall elect a Chair, a Vice-chair, and a Secretary-Treasurer to conduct meetings of the Committee and to perform such other functions as herein provided. Said Chair, Vice-chair and Secretary-Treasurer shall serve one (1) year terms unless they resign sooner pursuant to Section 7 hereof. Section 6. Authority of Officers A. The Chair and the Vice-chair shall take such action and sign such documents on behalf of the Executive Committee and in furtherance of the purposes of this Agreement as shall be approved by resolution of the Committee. B. The Secretary-Treasurer, or his or her designee, shall keep minutes of all meetings, proceedings and acts of the Executive Committee but such minutes need not be verbatim. Copies of all minutes of the meetings of the Committee shall be sent by the Secretary-Treasurer, or designee, to all Committee members and to such other parties as requested. Section 7. Resiqnation A. Any member may resign from all duties and responsibilities hereunder by giving at least seven (7) days prior written notice sent to the Chair. Such notice shall state the date said resignation shall take effect and such resignation shall take effect on such date. B. In the event any member shall resign as the representative of a participating group such participating group 10 shall appoint a new representative as expeditiously as possible. C. Any member, upon leaving office, shall forthwith turn over and deliver to the Chair or Vice-chair any and all records, books, documents, or other property in his or her possession or under his or her control which belongs to the Executive Committee and/or relates to this Agreement. Section 8. Liability No member of the Executive Committee shall be liable for any action taken pursuant to this Agreement in good faith, or for any omission, except gross negligence, or for any act of omission or commission by any other member of the Committee. Section 9. Meetings A. The Executive Committee shall convene at a meeting called by either a majority of the members or at the request of the Chair. Meetings shall be conducted at such locations as may be acceptable to the majority of the Committee. The Chair shall set forth the date, time, location and purpose of each meeting and notice thereof, unless otherwise waived, shall be furnished to each member by the Secretary-Treasurer, or his or her designee, not less than seven (7) days prior to the date of such meeting. The Chair may direct the Secretary-Treasurer to send the prerequisite notice for any meeting of the Committee otherwise called in accordance with the provisions hereof. B. During October 1993, the duly appointed members of the Committee shall hold an organizational meeting to elect officers and perform such other duties as shall be provided under this 11 Agreement. ARTICLE VI. INTERLOCAL PLAN AMENDMENT REVIEW COMMITTEE A. Participant local governments employing full-time planning directors or other similar position are required to appoint that person as a member of the Interlocal Plan Amendment Review Committee. B. The functions of this Committee are as follows: (1) To provide participants, on a rotating basis, for a Fact-finding Panel. (2) To provide participants, on a rotating basis, for a Conflict Resolution Panel. (3) To call for technical assistance from service providers and other agencies which participate in this coordination activity. (4) To meet, at least quarterly, for the purposes of administration, consideration of referrals, reports of subcommittees, general coordination and consultation, and the forwarding of reports of actions to the participants. C. The Committee shall establish its own organization and rules of procedure consistent with the provisions of this Agreement. ARTICLE VII. CLEARINGHOUSE A. The Clearinghouse shall be a participant public agency. B. The Clearinghouse shall be responsible for: 1. The establishment of an account into which the 12 participation fees required herein shall be deposited. 2. The deposit and disbursement of funds in accordance with generally accepted accounting standards. 3. Securing and storing all adopted local government comprehensive plans, and all amendments thereto. 4. Coordinating the Comprehensive Plan Amendment Coordinated Review Process, as specified in Article VIII, Section 3. ARTICLE VIII. COMPREHENSIVE PLAN ~MENDMENT COORDINATED REVIEW PROCESS Section 1. Local Government SDecific Obliqations A. Ail participant local governments are obligated to do the following: (1) Inform the Clearinghouse of the notice of plan amendments proposed by other participants that it desires to receive. (2) Designate to the Clearinghouse the position or individual who can file a written notice of intent to object and a formal objection. (3) Inform the Clearinghouse whether a formal governing body action is required prior to filing a written objection. (4) Provide the Clearinghouse with a full copy of the local government's adopted Comprehensive Plan within thirty (30) days of the effective date of this Agreement. If a local government becomes a participant after October 1, 1993, the 13 participant shall provide the Clearinghouse with a full copy of its adopted Comprehensive Plan within thirty (30) days of the effective date of the Participation Agreement. B. When processing a proposed plan amendment to its own Comprehensive Plan, the local government shall do the following: (1) Submit all proposed plan amendment documents required by Section 3 A. to the Clearinghouse at least thirty (30) days prior to the local government's transmittal hearing. (2) Meet with any objectors at least one time prior to the transmittal hearing on the proposed plan amendment. (3) Participate in fact-finding as described in Section 3. (4) Include in the proposed plan amendment transmittal to the Department of Community Affairs, or within five (5) days of receipt if received after transmittal, all written notices of intent to object and written objections received pursuant to Section 3, the status of that objection, a fact- finding report prepared pursuant to Section 3, and any report from a Conflict Resolution Panel prepared pursuant to Section 3. (5) Consider participating in any Conflict Resolution Panel requested by an objector. The local government initiating the proposed plan amendment 14 is under no obligation to participate in the Conflict Resolution Panel process. (6) For all proposed plan amendments, provide the Clearinghouse with a copy of the full proposed plan amendment; all background materials, including the supporting data and analysis; the objections, recommendation and comments report prepared by the Department of Community Affairs for the amendment upon its receipt; the response to the objection, recommendation and comment report prepared by the local government; and, if adopted, the amendment to the local government's comprehensive plan; the notice of intent issued by the Department of Community Affairs; and any final orders or compliance agreements dealing with the amendment. (7) When it becomes available, provide the Clearing- house with a revised copy of the local government's Comprehensive Plan including all amendments. C. If the local government desires to object to another local government's proposed plan amendment, the objecting local government shall do the following: (1) Submit a written notice of intent to object to the Clearinghouse and the local government initiating the proposed plan amendment pursuant to Section 3. (2) Meet with the local government transmitting the proposed plan amendment at least one time prior to 15 that local government's transmittal hearing. (3) File a written objection with the Clearinghouse pursuant to Section 3. (4) Participate in fact-finding as described in Section 3 if the local government files a written objection. (5) Consider participating in any Conflict Resolution Panel requested by the initiating local government or other objector. An objector is under nc obligation to participate in the Conflict Resolution Panel process. (6) If the objection is to be withdrawn, file a written notice withdrawing the objection with the Clearinghouse and the local government proposing the plan amendment. Section 2. All Other Participants Specific Obliqations All participants who are not local governments must comply with the requirements of Article VIII, Section 1 A. (1), (2), and (3). A non-local government desiring to object to a proposed Plan amendment has the same obligations as an objecting local government detailed in Article VIII, Section 1 C. Section 3. Plan Amendment Review Process A. A plan amendment is prepared pursuant to policies and procedures of the initiating local government. At least thirty (30) days prior to the governing body's transmittal hearing, an Executive Summary along with a copy of the proposed plan amendment and supporting material, and the date, time, and place of the 16 transmittal hearing, shall be furnished to the Clearinghouse. B. Within five (5) days, the Clearinghouse shall distribute the Executive Summary and hearing information to the participants in the Agreement who have requested copies of the initiating local government's amendments. C. A written notice of intent to object may be filed by any participant. (1) A written notice of intent to object must be filed no later than fifteen (15) days before the transmittal hearing. (2) If a proposed plan amendment is substantially modified between the submittal to the Clearinghouse and the transmittal of the amendment, a written notice of intent to object may be filed within ten (10) days of transmittal. D. The Clearinghouse shall immediately notify the initiating local government of all written notices of intent to object received by the Clearinghouse. E. The initiating local government shall meet with all objectors prior to the transmittal hearing unless the written notice of intent to object was filed pursuant to Section 3 C.(2) above. In that instance, the parties shall meet within fifteen (15) days of the submittal of the written notice of intent to object to the Clearinghouse. F. No later than fifteen (15) days after transmittal of the proposed plan amendment, a participant who filed a written notice of intent to object prior to transmittal may file a written objection to the proposed plan amendment with the Clearinghouse. 17 If a written notice of intent to object was filed after transmittal pursuant to Section 3 C.(2) above, a written objection may be filed by that participant no later than thirty (30) days after the filing of the written notice of intent to object. G. Upon receipt of a written objection, the Clearinghouse shall notify the initiating local government and the Interlocal Plan Amendment Review Committee of the written objection and transmit a copy of the objection to the initiating local government and the Interlocal Plan Amendment ReView Committee. H. The Interlocal Plan Amendment Review Committee shall convene a Fact-finding Panel within ten (10) days of receipt of the written objection. The Fact-finding Panel shall review the objection pursuant to Article IX and shall issue its opinion letter no later than twenty (20) days after the submittal of the written objection to the Clearinghouse. I. After the Fact-finding Panel issues its opinion letter, any party (the initiating local government and any participant objector) to the fact-finding may request conflict resolution pursuant to Article X. The request shall be submitted in writing to the Clearinghouse no later than ten (10) days after transmittal of the Department of Community Affairs Objection, Recommendation and Comments Report. The Clearinghouse shall immediately notify the other parties of this request. Within ten (10) days of receipt of notification from the Clearinghouse, the other parties shall notify the Clearinghouse of their decision on whether or not to agree to conflict resolution. If the initiating local government 18 and any objector agree to conflict resolution, the Clearinghouse shall notify the Interlocal Plan Amendment Review Committee, which shall convene the appropriate Conflict Resolution Panel pursuant to Article X. Section 4. Modification of Time-Frames By majority vote of the entire membership of the Executive Committee, the Executive Committee may modify the time-frames set forth for any activity as specified in Article VIII. ARTICLE IX. FACT-FINDING PANEL A. The three person fact-finding panel shall consist of members of the Interlocal Plan Amendment Review Committee. The Chair shall be selected by the panel. B. The Clearinghouse shall provide the panel with the following information prior to the meeting: (1) that portion of the Plan Amendment which is under consideration; and (2) the written objection. C. The Chair shall arrange for testimony and technical assistance from participants as is appropriate. D. At the meeting, only the initiating local government, the participant objector, property owner for a site specific plan amendment, and any participant who has been requested to provide technical assistance shall be allowed to present testimony. The initiating local government shall present the item being objected to, the reason for the proposed amendment, and its supporting data, analysis, and documentation. This presentation may be supplemented 19 by the affected property owner. The objecting party(ies) shall make a presentation on the basis for its objection. Technical assistance testimony as requested by the Chair may be presented at any time. The panel may ask questions. The Chair shall close discussion with the participants and thereafter.confine discussion to panel members. E. The panel shall specifically identify each objection and shall issue an opinion letter including, but not limited to, the following on each objection which is filed: (1) The objection appears to be one of miscommunication and that it appears to be resolved. (2) There is insufficient data and analysis upon which to support either the amendment or the objection or both. (3) Sufficient data and analysis has been provided and a conflict appears to exist. The conflict should be resolved either: (a) through the normal Department of Community Affairs review process; or (b) in a conflict resolution forum such as provided in Article X, mediating services of the Treasure Coast Regional Planning Council, or other mediation forum. F. Within two (2) working days, the Chair shall fax an opinion letter to the involved parties. If warranted, a minority opinion may be prepared by other members of the panel and provided 2O concurrently with the Chair's opinion letter. ARTICLE X. CONFLICT RESOLUTION PANEL A. The Conflict Resolution Panel shall consist of three members when performing facilitation services or five members when performing mediation services. The panel shall be composed of individuals who are members of the Interlocal Plan Amendment Review Committee. The Chair shall be selected by the panel. B. The Chair shall arrange for testimony and technical assistance from participants as is appropriate. Testimony shall be provided only through participants who are parties to the objection unless technical assistance testimony has been requested by the Chair. C. Two types of service may be provided. These are: (1) Facilitation a. A facilitation panel shall consist of three members. When the facilitation panel convenes to review the objection, it shall seek to have the parties reach a mutually agreeable position on the proposed amendment and the objection to it. b. The facilitation panel shall declare when its work has been finished or an impasse has been reached. At that time, the Chair shall write a letter documenting the meetings which were held, the evidence and testimony received, points of agreement, and points of 21 disagreement. The letter shall be transmitted to participating parties and the Department of Community Affairs. (2) Mediation a. A mediation panel shall consist of five members. -In addition to f~nctioning as a facilitation panel, the mediation panel shall provide a statement recommending a method of resolving any remaining points of disagreement. If there is not unanimous consent among panel members, a minority opinion may be issued. It shall accompany the majority position. b. As with the facilitation panel, the Chair shall write a letter documenting the meetings which were held, the evidence and testimony received, points of agreement, points of disagreement, and recommendation. The letter and any minority opinion shall be transmitted to participating parties and the Department of Community Affairs. ~RTICLE XI. MISCELLANEOUS Section 1. Deleqation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county, or city officers. 22 Section 2. Filinq A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 3. Limited Liability No participant shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any ! actions of the Executive Committee. The Executive Committee members have no authority or power to obligate the participants in any manner. Section 4. Amendments This Agreement may be amended in writing at any time by the concurrence of a two-thirds vote of the entire membership of the Executive Committee and subsequent ratification by all of the participants in this Agreement and any Participation Agreement. Section 5. Controllinq Law This Agreement shall be construed by and governed by the laws of the State of Florida. Section 6. Effective Date/Term This Agreement shall be effective on October 1, 1993, and shall continue in full force and effect unless all the participants withdraw in accordance with Section 7. Section 7. Withdrawal Any participant may withdraw as a party to this Agreement after October 1, 1994, upon sixty (60) days written notice to the Chair of the Executive Committee. Any participation fees paid will not be returned and the participant will cease activities in the 23 program outlined in this Agreement. Suspension of participation in this Agreement will occur upon the nonpayment of the fee prescribed herein or for the nonperformance of any of the terms and conditions of this Agreement by any participant. The suspension will be effective thirty (3 0) days after date of notice from the Clearinghouse that noncompliance has occurred. Any participant receiving such notice shall have an opportunity to cure its noncompliance in a reasonable time. Upon compliance, the participant shall be notified by the Clearinghouse of its reinstatement as a participant. IN WITNESS WHEREOF, this Agreement has been executed by the participants as of the date and year indicated above. Ci~y/~l,~ Clyde F. Far~er, Mayor '~ ' *~g ~ ~s a~~t will au~rize ~e . del~a~on~~c~i~ative au~ority. ATTESTBy: ~~~~~: ~ CITY ~BO~TO~//// ~ City Clerk ,~ /~ , Mayo~ 24 ATTEST: TOWN OF BRINY BREEZES T~w'n Cl~k(/~..~ ~gh David, Mayor ATTEST: TOWN OF CLOUD LAKE ~ B By: Robert R. Reynolds, III, Council Chairman ATTEST: CITY OF DELRAY BEACH City Clerk- By: 'T~o~nas E~nch, Mayor ATTEST: VILLAGE OF GOLF Village Donald H. Gustafson, Mayor ATTEST: CITY OF GREENACRES City Clerk .~errer i Mayor ATTEST: TOWN OF GULF STREAM By: . By: Town 5~il~iam Koch, Jr', Mayor ATTEST: TOM OF HIGHLAND BEACH Arlln Voress, Mayor ATTEST: TOWN OF HYPOLUXO Town Clerk A1 Merion, Mayor ATTEST: TOWN OF JUNO BEACH Town Clerk ~-- ~ Frank W. Harris, Mayor ATTEST: TOWN OF JUPITER By:..- _ By: Karen Golo~kyor ATTEST:, TOWN OF JUPITER INLET COLONY By: By: CHOSE NOTTOPAR~ICIPATEATTHIS TIME Town Clerk Nicholas F. Porto, Mayor 26 ATTEST: CITY OF LAKE WORTH .~ (SEAL) By: Fdrs~t~e, ~ By: DATE: , .. ATTEST: TOWN O_LAN~4LNA .,-: Tow~ Clerk Rober~,A. McDonald, May~or ATTEST: TOWN OF MANALAPAN He lm, Charles H. ./G. Kent Shortz, M.D., Mayor To~ Clerk ATTEST: TOWN OF MA~GONIA PARK By 3 2r By: Town Clerk.. ~) ~ ~a~e M. English, ~yo~' Town Clerk - Daniel J. D Connell, M~yor 27 ATTEST: CITY OF PAHOKEE ~_~/~///_~ Ramon Horta, Jr., Mayor ATTEST: TOWN OF PALM BEACH Mw William Weinbu~, Town Council Pre..~.dent DATE: ATTEST: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, Clerk ~~ Mary McCa~ty, Chair APPROVED AS TO FORM AND~ /~ //~LEGAL~ SUFFICIENCY: ..~ ,;.~..;...: ~//~ity -Clerk · t,._J.o',~bh~/~, R. 'Russo, ~Mayor / STAT~': OF FLORIDA. ~OUNT¥ OF PALM BEACH, / I, DOROTHY H. W~LKEN, ex-officio Clerk of the ~.~, (~t0 .,> ~- ATTEST: TOWN OF PALM BEACH SHORES Town Clerk Thomas Chilcote, Mayor /I EXECUTED on '.~.-~.~..~.3 ~.~ by authority of the Village Council ~as provided'in~esol~tlon R93-19. ~ATTEST: VILLAGE COUNCIL OF THE VILLAGE OF ~ Irene L. ~urrou~,~fs, Village Clerk (SEAL) ',B_ 0 'Clara K. Wil'liams ,~ ~~ "'//'"/--'/~/:'~~~~~/ Mayor, City of Riviera Beach ATTEST: VIL~GE OF ROYAL PA~ B~CH ~lag~Clerk - ATTEST: CITY OF SOUTH BAY Cit~ Clerk ..... ~n h - Ma r Bazi~ AndeFsgh, V~e Mayor 29 ATTEST: TOWN OF/ SOUTH PALM BEACH ~ - ' 'M~r~ M.~Roberts, Mayor ATTEST: VILLAGE OF TEQUESTA Ro~ T. Mackail, May~r By By: ~//~_~ ~. ~.~Sc~earYkhU~t, NancyFM. Graham, Mayor (INTENTIONALLY LEFT BLANK) 30 ATTEST: BOCA RATON AIRPORT AUTHORITY , /~eor~ W. Blank, Chairman ATTEST: LAKE WORTH DRAINAGE ~I~STRICT / William G///Wi~ters, /John I. Whitworth, III, Secretar~ President APPROVED AS TO FORM M~4/~t~r ne y for Take W~inage District ATT~. \ ~ LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT George G. Gentile, Chairman Executive Director ATTE~,By:~ /~-~ ~[' -f-/f~ ~~ By:SOUTH INDIAN WATER CONTROL DISTRICT Ga~ M. Engli~, ~h~mas H. Powell, President General 'Manager Or: ~~~ ~David J. Bea¥$e, Vice-President G~ \gengovt \chad\suggtxt. meI:) 31 ATTEST: NORTHERN PALM BEACH C(~3NT~'  / WATER/O~NTROL DISTKIC~ By: By: Pete Pimentel, District Secretary William Kerslake, President APPROVED AS TO FORM AND b GAL S/ rrlC 'aCY ("k Ken Edwards, Legal Co.scl . , A~EST: SCHOOL BO~ OF P~M BEACH CO~ ~ . " Momca ~om, Supe~tendent By:~ C (INTENTIONALLY LEFT BLANK) 32 ATI'EST: LOXAHATCHEE GROVES WATER CONTROL DISTRICT William H. Thrasher, DistriCt Director Meredith Fox, Chairman of the Board of Supervisors (INTENTIONALLY LEFT BLANK) 33 PARTICIPATION AGREEMENT THIS AGREEMENT dated this day of , 1993, entered into by and among , a (local government or service provider) hereinafter "New Participant", and the various parties executing the Interlocal Agreement dated October 1, 1993, hereinafter "Master Agreement"; W I T N E S S E T H: WHEREAS, an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive planning process with minimal bureaucracy and expense for local governments and service providers has been established as evidenced by that certain Interlocal Agreement dated October 1, 1993; and WHEREAS, desires to become a participant under said agreement; and WHEREAS, pursuant to Article IV, Section 1 of the Master Agreement, participation is authorized upon the execution of this unilateral Participation Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood by and among the undersigned New Participant and the participants in the Master Agreement as follows: 1. Upon execution of this Agreement and upon payment of the annual participation fee prescribed in Article IV, Section 2 of the Master Agreement, New Participant will become a participant in the Master Agreement recorded in the Official Records at Book No. , Page . 2. The New Participant shall enjoy all the privileges of, and shall be bound by all the terms and conditions of, the Master Agreement. 3. The participants in the Master Agreement agree to the inclusion of New Participant in accordance with Article IV, Section 1 of the Master Agreement as it is acknowledged that the inclusion of an additional participant furthers the intent and spirit of the Master Agreement and the ultimate goal of providing planning coordination amOng all local governments and service providers. 4. A copy of this Participation Agreement shall be filed with the Clerk of the Court in and for Palm Beach County and with the Clearinghouse. 5. This Participation Agreement shall be effective upon execution and filing pursuant to Paragraph 4 and shall continue in full force and effect unless New Member withdraws pursuant to Article XI, Section 7 of the Master Agreement. IN WITNESS WHEREOF, this Agreement has been executed by as of the date and year indicated below. By: Its: Date: O: \gengovt\dmd\particip.agt .... '~,v STATE (OF FLOHIDA, COUNTY OF PALM BEAC~ .--1"00U~'.~,~. DOROTHY H. WILKEN. ex-officio C!erk cf tbs ~0~-'~-~"- ~a~d of t. ou ~;v Co~ m ss o~scs c6?ifv '~*~.~ t~. ~.~ ,, ,, © - MULTI-JURISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT This Interlocal Agreement, dated the 1st day of October, 1993, entered into by and among the various parties executing this Agreement, each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes, and each one a participant in the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement; W I T N E S S E T H: WHEREAS, the creation of the Multi-Jurisdictional Issues Coordination Forum (hereinafter "Forum") will facilitate the identification and possible resolution of multi-jurisdictional issues by providing a vehicle for consensus building through the research of issues and the debate of same; and WHEREAS, the Forum can provide direction on the resolution of a multi-jurisdictional issue and the implementation of a program of multi-jurisdictional significance; and WHEREAS, the Forum may also determine a countywide position relative to multi-jurisdictional issues and growth management needs at the County, Regional, and State level; and WHEREAS, the Forum would also serve as a vehicle for clarification of and technical assistance in understanding Regional and State initiatives; and WHEREAS, the Forum would also be an outlet to provide constructive critiquing of county legislative proposals having countywide implications; and WHEREAS, the Forum over time may provide the initiative for shall act when the regular representative is not in attendance. Section 2. Associate Forum Members Any person or entity approved by the Executive Committee may become an Associate Forum Member. Associate Forum Members shall be treated in the same manner as Forum Members except that they do not have the power to vote. Section 3. Membership Fees A. There shall be no membership fee for Forum Members for the first year. The Executive Committee may establish such a fee effective after October 1, 1994. B. There shall be' a $200.00 annual membership fee for Associate Forum Members. The Executive Committee may change the amount of this fee. Section 4. Membership Obligations All Forum Members and Associate Forum Members agree to provide technical assistance requested by the Executive Committee and any ad-hoc committee established pursuant to this Agreement. ARTICLE V. FORUM POWERS AND DUTIES Section 1. Powers The Forum may exercise the following powers: A. Refer an item of potential multi-jurisdictional' significance to the Executive Committee for discussion. B. Veto an action of the Executive Committee taken pursuant to Article VIII of this Agreement; C. Adopt the minority opinion on an issue when the 4 Executive Committee has issued both a majority opinion and a minority opinion; and D. Ratify or modify an action taken by the Executive Committee pursuant to Article VI, Section 2 C. E. Establish its own rules of procedure that are not inconsistent with this Agreement. Section 2. Meetinqs A. The Forum shall meet at least quarterly on dates set by the Executive Committee. The Executive Committee may schedule additional meetings provided that there is at least two weeks notice distributed to each Forum Member and Associate Forum Member. B. In order to take an action a quorum must be present. A quorum consists of 50% + 1 of the total number of Forum members. ARTICLE VI. EXECUTIVE COMMITTEE Section 1. Purpose The Executive Committee shall process issues of multi- jurisdictional significance pursuant to Article VIII and shall coordinate activities of the Forum in accordance with and pursuant to the duties and responsibilities set forth herein. Section 2. Duties and Responsibilities The Executive Committee shall have the following duties and responsibilities relative to the Forum: A. Process proposed issues of multi-jurisdictional significance pursuant to the procedures set forth in Article VIII; B. Schedule meetings of the Forum and prepare the agenda for same; C. Set annual membership fees for Forum Members and Associate Forum Members which shall be placed on the agenda for the next Forum meeting for ratification or modification; D. Establish criteria for Associate Forum Membership; E. Create ad-hoc committees pursuant to Article VII; F. Administer this Agreement, including but not limited to, preparing an annual budget, overseeing the collection and expenditure of funds, and overseeing the operations of the Clearinghouse and ad-hoc committees. G. Propose amendments to this Agreement pursuant to Article X, Section 4. No enumeration of duties and responsibilities herein shall be deemed exclusive or restrictive, but shall be deemed to incorporate all implied powers necessary or incident to carrying out the purposes of this Agreement. ARTICLE VII. AD-HOC COMMITTEES Ad-hoc committees can be created only by the Executive Committee. Each committee shall be created for a specific purpose and for a period not to exceed one year unless extended by the Executive Committee. ARTICLE VIII. PROCEDURE The following procedure is to be used for the identification, definition, and disposition of an item which may be of multi- jurisdictional significance. A. An issue of multi-jurisdictional significance can be initiated by one of the following: 1. The Intergovernmental Plan Amendment Review Committee if the issue is identified in the "fact- finding" or "conflict resolution" process. 2. A member agency through a formal action of the governing body. 3. The Forum through an action initiated by a member. B. An issue of multi-jurisdictional significance is submitted to the Executive Committee by the initiator on a form prescribed by the Executive Committee. The form should require, at a minimum, the following information: 1. The nature of the item and a statement identifying its multi-jurisdictional significance. 2. How or why the issue is not being adequately addressed at present. 3. A statement as to why the Forum is the appropriate place to address the issue. C. The issue shall be considered at the next meeting of the Executive Committee. D. The Executive Committee shall take one of the following actions: 1. Make a determination that the issue is of multi- jurisdictional significance and recommend a course 7 of action. 2. Refer the issue to an ad-hoc committee. 3. Refer the issue back to the initiator with direction. 4. Make a determination that the Forum is not the appropriate vehicle to address the issue. 5. Make a determination that the issue is not one of multi-jurisdictional significance and that no further review or action by the Forum is necessary. E. The Executive Committee shall present its written report on the action taken on a submitted issue of multi-jurisdictional significance to the Forum at the next meeting of the Forum. A minority opinion approved by at least three members of the Executive Committee shall accompany the report. F. The Forum, by a two-thirds vote of the Forum members present and voting, may either veto the action of the Executive Committee or adopt the minority opinion issued by the Executive Committee and direct its implementation. Otherwise, the action of the Executive Committee shall remain in effect. G. If the issue is referred to an ad-hoc committee, the ad- hoc committee shall review it and submit a report to the Executive Committee. The Cha-ir of the assigned ad-hoc committee may call upon the resources of Forum Members and Associate Forum Members. The ad-hoc committee shall issue a report including the following: 1. Clear identification of the issue. 2. Implications of the current situation or course of 8 action. 3. Alternative courses of action and probable implications. 4. Need for further information, research, and direction. 5. Recommended disposition or next step. H. The Executive Committee shall review the ad-hoc committee's report and take formal action on the recommendations contained in the report. The Executive Committee shall present the ad-hoc committee's report and its action on the recommendation contained in the report, along with any minority opinion adopted by at least three members of the Executive Committee, at the next meeting of the Forum. The Forum by a two-thirds vote of the Forum Members present and voting may either veto the action of the Executive Committee or adopt the minority opinion issued by the Executive Committee and direct its implementation. Otherwise, the action of the Executive Committee shall remain in effect. ARTICLE IX. LOGISTICS AND SUPPORT Clerical and logistical support for the Forum and the Executive Committee shall be provided by the Clearinghouse. Professional services and advice shall be provided through the. resources of the Forum Members and Associate Forum Members. ARTICLE X. MISCELLANEOUS Section 1. Deleqation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, 9 county, or city officers. Section Z. Filing A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 3. Limited Liability No member shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Executive Committee. The Executive Committee members have no authority or power to obligate the members in any manner. Section 4. Amendments This Agreement may be amended in writing at any time by the concurrence of a two-thirds vote of the entire membership of the Executive Committee and subsequent ratification by all of the Forum Members in this Agreement. Section 5. Controllinq Law This Agreement shall be construed by and governed by the laws of the State of Florida. Section 6. Effective Date/Term This Agreement shall be effective on October 1, 1993, and shall continue in full force and effect unless all the members withdraw in accordance with Section 7. Section 7. Withdrawal Any member may withdraw as a party to this Agreement after October 1, 1994, upon sixty (60) days written notice to the Chair of the Executive Committee. Any membership fees, if required, will not be returned and the member shall not exercise any of the powers 10 outlined in this Agreement. Suspension of membership in this Agreement will occur upon the nonpayment of the membership fee, if any, established pursuant hereto or for the nonperformance of any of the terms and conditions of this Agreement by any member. The suspension will be effective thirty (30) days after date of notice from the Clearinghouse that noncompliance has occurred. Any member receiving such notice shall have an opportunity to cure its noncompliance in a reasonable time. Upon compliance, the member shall be notified by the Clearinghouse of its reinstatement as a participant. IN WITNESS WHEREOF, this Agreement has been executed by the members as of the date and year indicated above. ATTESt: CITY OF ATLANTIS · City ~ler~ / ~lyde F. Farmer, Mayor B ~-~ , By: B~ll Bailey, ~ ity Clerk ~ Mayor *Noth~g ~this agreement will a~z~horizethe delegation of anymunicipal legislative authority. ATTEST: ,. ~ t CIT~~.// 11 ATTEST: CITY OF BOYNTO~BEACH City Clerk ~~~ E.F. Harmenin~ayor ATTEST: TOWN OF BRINY BREEZES By: : T6wn Cl'e/~ ~.~m/ ATTEST: TOW~ OF ~CLOUD LAKE ~~-Town ~e~ ~ By: R~obe~ R~. R~.~ ~/ Council Chairman ATTEST: CITY OF DELRAY BEACH City Clerk- 'T~omas E..//~nch, Mayor ATTEST: VILLAGE OF GOLF Village ~erk Donald H. Gustafson, Mayor ATTEST: CITY OF GREENACRES  ity Clerk ~rreri, Mayor ... ,'.: . / 12 ATTEST: TOWN OF GULF STREAM By: ~ By: " Town Clerk Wi~.lia~ Koch, ., 'Mayor ATTEST: TOWN OF HIGHLAND BEACH Town C ' ~ Arlin Voress, Mayor / ATTEST: TOWN OF HYPOLUXO Town Clerk A1 Morion, Mayor ';' ATTEST:~· TOWN OF JUNO BEACH "" .TOwn Clerk Frank W. Harris, Mayor ATTEST: TO~ OF JUPITER , 'To~' Cler~~. - ,, (:~ 7 Karen Go~, C~ayor .,.,'" ~ . ~ -- ~z.:, . By: By: ~ ~ ~ P~IC~A~ ~ ~S T~ Town Clerk Nicholas F. Porto, Mayor 13 ATTEST: .'f":'" "~ "'->'i/ TOWN OF LAKE CLAR}fE SHORES ToWndClerk..:?:'''' ~...~<. Gre~~asey, MayJ ~_~B.~a A. Fors~h~e',/ Rodne~ C Clerk DATE: G~~ ~' ~..- "~,-.~.~ q R~ert A. McDo~d, Mayor , ATTEST: TO~ OF ~A~P~ Charles H. Helm, / G. Kent Shortz, M.D., Mayor Town Clerk ATTEST: TOWN OF M~GONIA P~ARK ATTEST: CITY OF PAHOKEE ~ity Cler~ - Ramon Horta, Jr.', Mayor ATTEST: TOWN OF PALM BEACH ~ ~~" BY: ~~ent. . .~ DATE: ATTEST: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, Clerk ._--..,~' . .... .. R93 02 ...... · I .:'<',,' '".-"" L.,~-.: APPROVED AS TO FORM 8 , I ;cz,.c_c .. '-' - ~ :- %~. ,~ .... ~.~ ,.., _...--:. ,'....:. By: Count~ ~ttorney 'h;:' 7--.'/,; · ~,~,,.-.,, ..... ATTEST:.-~/'?~'-~" CZTY O~ PALM,~AC~~ ~DENS · Ir $';':,.'r2 OF FLORIDA, COUNT{ Or' PALM .,.~'"~,",.,',-,-,,",'R.- · ........... .' '".:.-'.' - · -- u;p.~ ,;~, ;,4 ~"'"'-'-&"%'1"':- ~' '-':. ¢ '~ .... ~' '; :~_' .... : ~'-r, mr.'rrr', .-.-:- ~;.~:~, ~ :Re~, -: 7~ C~{:('T. t I / 1.3 ATTEST: TOWN OF PALM BEACH SHORES Town Clerk Thomas Chilcote, Mayor EXECUTED on~.~-~,./~27, /~?_~ by authority of the Village Council .asdprovided i~ Reso]~ution R93-19. · · ~i~'.k' AT~E~ VIL~GE COUNCIL OF THE VIL~GE OF '~ '~-~ '~ ~ ~ .~/ By: .~.?~. ~r~ne~. ~ur~gn~, --~c~ar~ ~. ~e~or "~ ':Village Cler~ . ' ..... , (S~L) "?~:" ~., ~,..~ ~ Clara K. Williams ~../~" .... ~ ..... Mayor, City of Riviera Beach ATTE~ V~L~GE OF ROYAL PA~ BEACH ATTEST: CITY OF SOUTH BAY / , /---Ba~l And~r~dn,~_V~i~ce Mayor 16 ATTEST: VILLAGE OF TEQUESTA B "::'~ - "~ ~:."~ ~ ~c~-~ ..... ~on ~ ~ac~a~z ~a~or :~..':?:-/ATTES~?: CITY~T PA~ BEACH 'Agnes Hayhurs~ ~ ~Ci~y Clerk ~ N~ncy ~. Granam, Mayor (INTENTIONALLY LEFT BLANK) 17 ATTEST: BOCA RATON AIRPORT AUTHORITY ,~'eo_~e W. Blank, Chairman ATTEST: LAKE WORTH DRAINAGE DISTRICT ~ W~il~TM G. ~t~rs, //John I. Whitwort , III, ~President Secretary APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~_~ Pe~At.t~ney for Lake W~inage District R~C~ Dent, George G. Gentile, Chairman Executive Director ATTEST~ ~ SOUTH INDIAN WATER CONTROL DISTRICT Ga[~ M. English, General Manager Th as H~ Powel President Or: ~ Be~~sident 18 ATTEST: NORTHERN PALM BEACH CO~ By: By: Pete Pimentel, District Secretary William K~rslake, P-r&ide~t' ' , ~-- APPROVED AS TO FORM AND LEGAL SI~FICIEN_ CY Ken Edwards, Legal Counsel ATTEST: SCHOOL BOARD OF PALM BEACH COUNTY.. By:..O...-"~O)~_~_; ~. _~~_._. By: (~j~ ~~ Momca Uhlhom, Superintendent 9a~fBjork, ChCa(rman (INTENTIONALLY LEFT BLANK) 19 ATTEST: LOXAHATCHEE GROVES WATER By: ' By: //k._~t._x._.©~,.~--;j-~- c),~7 William H. Thrasher, District Director Meredith'Fox, Chairman of the Board of Supervisors (INTENTIONALLY LEFT BLANK) 20 MEMBERSHIP AGREEMENT THIS AGREEMENT dated this day of , 1993, entered into by and among , a (local government or service provider) hereinafter "New Member", and the various parties executing the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement dated October 1, 1993, hereinafter "Forum Agreement"; W I T N E S S E T H: WHEREAS, a Multi-Jurisdictional Issues Coordination Forum to facilitate the identification and possible resolution of multi- jurisdictional issues through the research of issues and the debate of same has been established as evidenced by that certain Forum Agreement dated October 1, 1993; and WHEREAS, desires to become a Member under said agreement; and WHEREAS, pursuant to Article IV, Section 1 of the Forum Agreement, Forum membership is authorized upon the execution of this unilateral Membership Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood by and among the undersigned New Member and the members in the Forum Agreement as follows: 1. Upon execution of this Agreement and upon payment of the annual participation fee prescribed in Article IV, Section 3 of the Forum Agreement, New Member will become a Forum member pursuant to the Forum Agreement recorded in the Official Records at Book No.__, Page 2. The New Member shall enjoy all the privileges of, and shall be bound by all the terms and conditions of, the Forum Agreement. 3. The Forum members in the Forum Agreement agree to the inclusion of New Member in accordance with Article IV, Section 1 of the Forum Agreement as it is acknowledged that the inclusion of an additional Forum member furthers the intent and spirit of the Forum Agreement and the ultimate goal of providing coordination in the identification and possible resolution of issues of multi- jurisdictional significance among all local governments and service providers. 4. 'A copy of this Membership Agreement shall be filed with the Clerk of the Court in and for Palm Beach County and with the Clearinghouse. 5. This Membership Agreement shall be effective upon execution and filing pursuant to Paragraph 4 and shall continue in full force and effect unless the New Member withdraws pursuant to Article 'XI, Section 7 of the Forum Agreement. IN WITNESS WHEREOF, this Agreement has been executed by as of the date and year indicated below. By: Its: Date: ...--~..O/~,~b~.. -~'- ,-, .... r:,;~,., ,..(..~UNT ~ OF PALM cou v '.' .... . ' _.