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Res 72-93 RESOLUTION NO. 72-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, it has come to the attention of the City Commission of the City of Delray Beach, Florida, that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and, WHEREAS, this particular ordinance was originally adopted several years ago under the auspices of the Environmental Control Act, a special act in Palm Beach County adopted in 1977; and, WHEREAS, when this particular ordinance was adopted to apply countywide, it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources Management, that portions of the ordinance would sunset; and, WHEREAS, the sunset provision of this wetlands ordinance was extended by the Board of County Commissioners until March 15, 1993; however, delegation has not been achieved; and, WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Palm Beach County Municipal League that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied coutywide, regardless of input received from the municipalities, the County would still retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and, WHEREAS, this countywide ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all department heads in Palm Beach County on February 2, 1993, and was reiterated by the Board of County Commissioners as applied to ~hese amendments to the Wetlands Protection Section of the Unified Land Development Code on March 2, 1993; and, WHEREAS, the Department of Environmental Resource Management had proposed to amend the Wetlands Protection Section of the Unified Land Development Code and to submit same to the Board of County Commissioners for first reading on June 15, 1993, to be applicable countywide with no opportunity for municipalities to "opt out"; and, WHEREAS, this date has now been postponed due to the efforts of the Municipal League; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances adopted countywide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: $~tiQn 1. The City Commission of the City of Delray Beach, Florida, strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protection ordinance. Section 2. The City Commission of the City of Delray Beach, Florida, hereby directs the City Clerk to submit copies of this Resolution to the BOard of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar resolution and forward the same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. Section 3. This Resolution shall take effect immediately upon adoption. -2- Res. No. 72-93 PASSED AND ADOPTED in regular session on this 13th day of July, 1993. ATTEST: - city f~erk ' -3- Res. No. 72-93 CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JULY 13. 1993 - 6:00 P.M. PUBliC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: V. RESOLUTION NO. 72-93: A resolution objecting to the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Land Development Code be adopted under the auspices of the Environmental Control Act, thus being countywide, even within the incorporated areas of Palm Beach County, in derogation of the recently approved agreement between the Board of County Commissioners and the Palm Beach County Municipal League relative to countywide o~dinance procedures. 07/19/93 13:48 8407 243 3774 CITY/DELRAY BCH. ~001 ACTIVITY REPORT TRANSMISSION OK CONNECTION TEL 14073556545 CONNECTION ID G3 START TIME 07/19 13:45 USAGE TIME 03'09 PAGES 5 CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FLORIDA 33444 (407) 243-7000 FAX NUMBER (407) 243-3774 VAX TRANSMITTAL TOTAL PAGES OF THIS FAX (including transmittal sheet): COMMENTS: COPIES TO: F,OM: SENOER: C,~,, ?-.,-/e ~ ~,'~-r'~r>_ -r~,. NuMBeR: ** IF YOU DO NOT RECEIVE ALL OF THE ABOVE REFERENCED FAGES, FLEASE CONTACT THE SENDER NOTED ABOVE ASAF ** CITY aF I]ELRII¥ BERgH ,' ' L, ~ , ~ J-- ,~E * '_U-_:_m,: , ~EACH FLORIDA 33444 · 407 243 7000 July 16, 1993 1993 Mr. Jack Horniman Executive Director P.B.C. Municipal League P.O. Box 1989 West Palm Beach, FL 33402 Re: Wetlands Protection Ordinance Dear Mr. Horniman: Enclosed is a copy of the City of Delray Beach's Resolution No. 72-93 objecting to the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Development Code be adopted under the auspices of the Environmental Control Act. This resolution was passed and adopted by unanimous vote of the Delray Beach City Commission in regular session on July 13, 1993. A copy of Resolution No. 72-93 has been forwarded to the Board of County Commissioners, as well as to all other municipalities within Palm Beach County requesting that each adopt a similar resolution and forward same to the County Commission. Should you have any questions, please do not hesitate to contact me. Sincerely, Alison MacGregor Harty City Clerk AMfl/m Enclosure COPY SENT VIA FAX/ ORIGINAL BY REGULAR MAIL THE EFFORT ALWAYS MATTERS 0q-1~-~3 ~: ~ P. 8. CO. MUNICIPBL LEBGUE ~B~ PO1/D~ 7/15/93 To: Alison Hartyo For your response. ~/~ RECEIVEO (Selma for DTH) q J4.~ I 4 I~ CITY MANAGF~'S OFFICE. Palm Heath Couflly MUNICIPAL LEAGUE P.O 6OX 19~, GOVERNMENTAL CENTER, WE$~ PALM B~CH. FLORIDA ~2 (407) 35~44ad MEMORANDUM TO: All~y~rs and Managers FR: Jac~niman, Executive Director I)T: July 14, 1993 RI~: Wetlands Protection Ordinance **************************************************** Enclosed is a Resolution from the Town of Lake Clarke Shores objecting to the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Development Code be adopted under the auspices of the Environmental Control Act. The League is on record asking the Board of County Commissioners to prepare these regulations for the unincorporated areas of Palm Beach County with the ability for cities to "opt-in" if so desired. The League's Board of Directors at its July 14, 1993 meeting suggested that this resolution be sent as a sample to all municipalities for their action in support of the League's position. The League will make a presentation to the Board of County Commissioners on Tuesday, July 20, 1993 when the County staff will be requesting to advertise for the first public hearing on these regulations. Your prompt attention in this matter, therefore, would be appreciated. We would also appreciate if you would send a copy of your resolution to the Municipal League office upon adoption. Thank you. 0q-14-9~ 1B:iS P.B. CO. ~UNIC~PBL LEBGUE BBB PB~/~S RESOLUTION NO. 722 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN ~F LAKE CLARKE SHORES, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, it has come to the attention of the Town Council of the Town of Lake Clarke Shores, Florida, that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and WHEREAS, this particular ordinance was originally adopted several years ago under the auspices of the Environmental control Act, a special act in Palm Beach County adopted in 1977; and WHEREAS, when this particular ordinance was adopted to apply countywide, it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources Management, that portions of the ordinance would sunset; and WHEREAS, the sunset provislon of this wetlands ordinance was extended by the Board of County Commissioners until March 15, 1993; however, delegation has not been achieved; and WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Palm Beach County 8q-14-g3 1~:1~ P.8. CO. MUNICIPAL LEAGUE 686 P03/0S Municipal League that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading f~r input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied countywide, regardless of input received from the municipalities, the County would still ~retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and W~EREAS, this countywide ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all department hQads in Palm Beach County on February 2, 1993, and was reiterated by the Board of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unified Land Development Code on March 2, 1993; and WHEREAS, the Department of Environmental Resource Management had proposed to amend the Wetlands Protection Section of the Unified Land Development Code and to submit same to the Board of County Commissioners for first reading on June 15, 1993, to be applicable countywide with no opportunity for municipalities to "opt out"; and WHEREAS, this date has now been postponed due to the efforts of the Municipal League; and WHEREAS, the Town Council of the Town of Lake Clarke Shores desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, Oq-14-BB 1~:1B P.B. CO. ~UNIC~PRL LERGUE BBB P04/05 as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances adopted countywid~ee unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORF., BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE CLARKE SHORES, FLORIDA, THAT: Section 1: The Town Council of the Town of Lake Clarke Shores, Florida, strongly objects to the Wetlands Protection Sectlon of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protection ordinance. Section 2: The Town Council of the Town of Lake Clarke Shores hereby directs .the Town Clerk to submit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar resolution and for~ard same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. Section 3: This Resolution shall take effect immediately upon adoption. 0q-14-93 1~:1q P.B. CO. ~UNI~fPRL LERGUE BOG POS/OS TOWN OF LAKE CLARKE SHORES, FLORIDA. / ,~ . .....? ~eir, Pre~f~Pro Tem Malcolm K. Lewis, council Member David Pleasanton, Council Member test. . ['ann Ha~oh, TOwn Clerk TOWN OF PALM BEACH SHORES 247 Edwards Lane · Palm Beach Shores, Florida · 33404 - 5792 · (407) 844 - 3457 · Fax 863 - 1350 Mayor THOMAS CHILCOTE Vice-Mayor July 16, 1993 JOE BACCARI Commissioners Palm Beach County Municipalities MARGARET MCNERNEY Re: Resolution No. 415 BILL REEF Enclosed please find a copy of our Resolution 415 of the CYNTHIAWATTS Town Commission of the Town of Palm Beach Shores objecting to the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Land Development Code be adopted under the auspices of the Environmental Control Act, thus being effective Countywide, even within the incorporated areas of Palm Beach County, in derogation of .the recently approved agreement between the Board of County Commissioners and the Palm Beach County Municipal League relative to Countywide ordinance procedures, passed and adopted by the Palm Beach Shores Commission on July 12, 1993. Sincerely, Sandra T. Holmes, CMC Town Clerk STH:Jm enclosure RESOLUTION NO. 415 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF PALM BEACH SHORES, PALM BEACH COUNTY, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, it has come to the attention of the Town Commission of the Town of Palm Beach Shores, Florida, that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and WHEREAS, this particular ordinance was originally adopted several years ago under the auspices of the Environmental Control Act, a special act in Palm Beach County adopted in 1977; and WHEREAS, when this particular ordinance was adopted to apply countywide, it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources Management, that portions of the ordinance would sunset; and WHEREAS, the sunset provision of this wetlands ordinance was extended by the Board of County Commissioners until March 15, 1993; however, delegation has not been achieved; and WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Palm Beach County Municipal League that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied countywide, regardless of input received from the municipalities, the County would s~ill retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and WHEREAS, this countywide ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all department heads in Palm Beach County on February 2, 1993, and was reiterated by the Board of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unified Land Development Code on March 2, 1993; and WHEREAS, the Department of Environmental Resource Management had proposed to amend the Wetlands Protection Section of the Unified Land Development Code and to submit same to the Board of County Commissioners for first reading on June 15, 1993, to be applicable countywide with no opportunity for municipalities to "opt out"; and WHEREAS, this date has now been postponed due to the efforts of the Municipal League; and WHEREAS, the Town Commission of the Town of Palm Beach Shores desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances adopted countywide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW THEREFORE BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF PALM BEACH SHORES, FLORIDA as follows: SECTION 1. The Town Commission of the Town of Palm Beach Shores, Florida strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protection ordinance. SECTION 2. The Town Commission of the Town of Palm Beach Shores hereby directs the Town Clerk to submit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. SECTION 3. This Resolution shall take effect immediately upon passage. INTRODUCED, PASSED AND ADOPTED at the Regular Commission Meeting of the Town of Palm Beach Shores, Florida, on the llth of July, 1993. Aye ~o Thomas C. Chilcote, ~yor Aye No ~o~ B~ccari, Vice Mayor Aye No M~rgar~ McNerney, C°~iss~ner Aye No Bill Reep, loner X Aye No Cynthia Watts, Comissioner ATTEST: Sandra T. Holmes, Town Clerk ( Seal ) 415 Boynton Beach  'I~ 100 E. Boynton Beach Boulevard ~ P.O. Box310 " Boynton Beach, Florida 33425.0310 City HodI: (407) 734-8111 FAX: (407) 738.7459 July 21, 1993 Alison MacGregor Harty City of Delray Beach 100 N. W. 1st Avenue Deiray Beach, FL 33444 RE: RESOLUTION #R93-107 Dear Ms. Harty: Attached please find a copy of the above resolution opposing the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Development Code be adopted under the auspices of the Environmental Control Act. This resolution was approved by the City Commission in the City of Boynton Beach at the regular meeting held on July 20, 1993. If you have any questions regarding this, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH Sue Kruse~ CMC City Clerk Attachment /mas America's Gateway to the Gulfstream RESOLUTION NO. R93-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO THE COUNTYWIDE ORDINANCE PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has come to the attention of the City Commission of the City of Boynton beach, Florida that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and WHEREAS, this particular ordinance was originally adopted' several years ago under the auspices of the Environmental Control Act, a special act in Palm Beach County adopted in 1977; and WHEREAS, when this particular ordinance was adopted to apply countywide, it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources Management, that portions of the ordinance would sunset; and WHEREAS, the sunset provision of this wetlands ordinance was extended by the Board of County Commissioners until March 15, 1993, however, delegation has not been achieved; and WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Palm Beach County Municipal League that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied countywide, regardless of input received from the municipalities, the County would still retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and WHEREAS, this date has not been postponed due to the efforts of the Municipal League; and WHEREAS, the City Commission of the City of Boynton Beach, Florida desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances adopted countywide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protection ordinance. Section 2. The City Commission of the City of Boynton Beach, Florida hereby directs the City Clerk to submit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this J~ day of July, 1993. CITY OF BOYNTON BEACH, FLORIDA ,' Ma o~ / co~i s% ~ o~zJ Comm.~.~£oner ATTEST: !t {Corporate Seal) :: Authsi~.doc ;i Mun. Lge ~7/15/93 PHONE: (407) 965-1744 CITY OF 2® O~'~OE ~E DRIV~ FAX: (407) 642-1806 ATLANTIS, FLORIDA CLYDE F. FARMER E. EARL MOORE MAYOR CITY MANAGER TO: ALL PALM BEACH COUNTY MUNICIPALITIES ALL PALM BEACH COUNTY COMMISSIONERS FROM: City Clerk Betty Yon ~ DATE: July 22,1993 SUBJECT: Resolution Attached please find copy of the following resolution which was adopted at a regular meeting of the Atlantis City Council on July 21, 1993 and is submitted for your consideration. Resolution No. 93-12 - Objecting to the Wetlands Protection Section of the Unified Land Development Code. /bay attachment LAKE WORTH 7 NORTH DIXIE HIGHWAY LAKE WORTH. FLORIDA 33460 I BARBARA A. FORSYTHE, CMO TELEPHONE (407) ssa-lee2 CITY CLERK FAX (407) 586-1760 MEMORANDUM C-3 TO: Ail Palm Beach County Municipalities FROM: City Clerk Barbara Forsythe ~ DATE: July 22, 1993 SUBJECT: Proposed County Amendment to Unified Land Development Code In regular meeting held July 20, 1993, the Lake Worth city Commission adopted Resolution No. 59-93, objecting to the County's proposal to adopt the Wetlands Protection Section of the Unified Land Development Code under the auspices of the Environmental Control Act, thereby precluding municipalities' opportunity to "opt out" of the entire Wetlands Protection Ordinance. A copy of Resolution No. 59-93 is enclosed; the City of Lake Worth urges each municipality in the County to adopt a similar resolution and to forward same to the Board of County Commissioners. Encl. (1) BAF/ble cc: City Manager City Attorney 59-93 RESOLUTION NO. 59-93 OF THE CITY COMMISSION OF LAKE WORTH, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY CO~94ISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. , WHEREAS, it has come to the attention of the City Commission of the City of Lake Worth, Florida, that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and WHEREAS, this particular ordinance was originally adopted several years ago under the auspices of the Environmental Control Act, a special act in Palm Beach County adopted in 1977; and WHEREAS, when this particular ordinance was adopted to apply countywide, it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources Management, that portions of the ordinance would sunset; and WHEREAS, the sunset provision of this wetlands ordinance was extended by the Board of County Commissioners until March 15, 1993; however, delegation has not been achieved; and WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Palm Beach County Municipal League that all ordinances proposed to have impact countywide would be presented t~ the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied countywide, regardless of input received from the municipalities, the County would still retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and WHEREAS, this countywide ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all department heads in Palm Beach County on February 2, 1993, and was reiterated by the Board of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unifed Land Development Code on MarCh 2, 1993; and WHEREAS, the Department of Environmental Resource Management has proposed to amend the Wetlands Protection Section of the Unified Land Development Code and to submit same to the Board of County Commissioners for first reading on June 15, 1993, to be applicable countywide with no opportunity for municipalities to "opt out"; and WHEREAS, this date has now been postponed due to the efforts of the Municipal League; and WHEREAS, the City Commission of the City of Lake Worth desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, as set forth herein, whereby the"muniCipalities Pg. 2, Reso. 59-93 preserved the right to "opt out" of all ordinances adopted ggunt._vwide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LAKE WORTH, FLORIDA, that: ~ The City Commission of the City of Lake Worth, Florida, strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protec~ion ordinance. Section 2. The'City Commission of the City of Lake Worth hereby directs the City Clerk to submit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal league and to prevent further abrogation of municipal autonomy in regulatory matters. Section 3. This Resolution shall take effect immediately upon its passage. The passage of this Resolution was moved by Commissioner Shepherd, seconded by Commissioner Clager, and upon being put to a vote, the vote was as follows: Mayor Rodney G. Romano AYE Commissioner Lynda S. Summer AYE Commissioner Dennis F. Dorsey ABSENT Commissioner Daniel T. Shepherd AYE Commissioner Lloyd A. Clager AYE The Vice Mayor thereupon declared this Resolution duly passed and adopted on the 20th day of July, 1993. Signed this~ day of ... ~ ~t~ , 1993. LAKE ~RTH CITY C~ISSION ~.'~1' ~;"&"'*:' ':' .... ' * Z/ ~ ~issioner · ,,>..., .. .... ....,,. / to.er C6~i s~'t~e r ATTEST: VILLAGE OF TEQUESTA Post Office Box 3273 · 357 Tequesta Drive Tequesta, Florida 33469-0273 · (407) 575-6200 Fax: (407) 575-6203 July 27, 1993 MS. Alison M. Harty City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Bch, FL 33444-2698 RE: Village of Tequesta Resolution No. 16-92/93 Dear Ms. Harty: Enclosed herewith, please find a copy of Village of Tequesta Resolution No. 16-92/93 Objecting to the Proposal of Palm Beach County that the Wetlands Protection Section of the Unified Land Development Code be Adopted Under the Auspices of the Environmental Control Act. Resolution No. 16-92/93, adopted by the Village Council at the July 22, 1993, Village Council Meeting, is submitted for your review, consideration and action in regard to this important matter. Sincerely, Joann Manganiello Administrative Assistant/Village Clerk JM/krb Enclosure c: Thomas G. Bradford, Village Manager Recycled Paper RESOLUTION NO. 16 - 92/93 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACHCOUNTY, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVKCOUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECKNTLT APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, it has come to the attention of the VillaGe Council of the VillaGe of Teguesta, Florida, that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and WHEREAS, this particular Ordinance was originally adopted several years ago under the auspices of the Environmental Control Act, a special Act in Palm Beach County adopted in 1977; and WHEREAS, when this particular Ordinance was adopted to apply countywide, it was with the provision that if "deleGation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources ManaGement, that portions of the Ordinance would sunset; and WHEREAS, the sunset provision of this Wetlands Ordinance was extended by the Board of County Commissioners until March 15, 1993; however, delegation has not been achieved; and WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Palm Beach County Municipal LeaGue that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal LeaGue and then to the General membership prior to first readinG for input on whether the Ordinance should be countywide, and that even if the County determined that the Ordinance should be applied countywide, regardless of input received from the municipalities, the County would still retain the legal right to adopt the Ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the Ordinance; and WHEREAS, this countywide Ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all department Heads in Palm Beach County on February 2, 1993, and was reiterated by the Board of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unified Land Development Code on March 2, 1993; and WHEREAS, the Department of Environmental Resource ManaGement had proposed to amend the Wetlands Protection Section of the Unified Land Development Code and to submit same to the Board of County Commissioners for first readinG on June 15, 1993, to be applicable countywide with no opportunity for municipalities to *'opt out'; and WHEREAS, this date has now been postponed due to the efforts of the Municipal League; and WMEREAS, the Village Council of the Village of Tequesta desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, as set forth herein, whereby the municipalities preserved the right to "opt out" of ~1~ ordinances adopted countywide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF TH~ VILLAaE OF TEQUESTA, PALi~BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council of the Village of Tequesta, Florida, strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire Wetlands Protection Ordinance. Section 2. The Village Council of the Village of Tequesta hereby directs the Village Clerk to submit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar Resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. Section ~. This Resolution shall take effect immediately upon adoption. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Burckart , who moved its adoption. The motion was seconded by Councilmember Capretta , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Ron T, Mackail Joseph N. Capretta William E. Burckart The Mayor thereupon declared the Resolution duly passed and adopted this 22nd day of July, A.D., 1993. MAYOR OF TEQUESTA Ron T. Mackail ATTE ST: Jo~nn Manganiel~ Village Clerk CITY HALL · 201 WEST PALME'I-rO PARK ROAD · BOCA RATON, FLORIDA 33432-3795SUNCOM:' PHONE: (407)(407) 922-7700393'7700 TDD: (407) 367-7046 DATE: August 2, 1993 TO: Board of County Commissioners Palm Beach County Municipalities FROM: Candace Bridgwater, City Clerk Enclosed is a copy of Resolution No. 127-93 of the City of Boca Raton objecting to the portion of the Palm Beach County Wetlands Protection Ordinance which would make such ordinance applicable within the municipalities. The resolution was adopted on July 27, 1993. CB:jd Enclosures -- AN EQUAL OPPORTUNITY EMPLOYER 1 RESOLUTION NO. 127-93 2 3 A RESOLUTION OF THE CITY OF BOCA RATON 4 OBJECTING TO THE PORTION OF THE PALM 5 BEACH COUNTY WETLANDS PROTECTION ORDIN- 6 ANCE WHICH WOULD MAKE SUCH ORDINANCE 7 APPLICABLE WITHIN THE MUNICIPALITIES 8 9 WHEREAS, the Palm Beach County Board of County Commis- 10 sioners is considering an amendment to the Wetlands Protection 11 ~ection of the County's Unified Land Development Code; and 12 WHEREAS, it is the understanding of the City of Boca 13 [aton that the existing Wetlands Protection Ordinance contains 14 a provision that if a delegation agreement has not been ob- 15 tained with the Department of Environmental Regulation, that 15 )ortions of the ordinance would sunset; and 17 WHEREAS, such delegation has not been achieved; and 18 WHEREAS, the County has adopted a procedure policy in 19 :onjunction with the Palm Beach County Municipal League, which 20 provides that all ordinances adopted by Palm Beach County would 21 llow municipalities to "opt out" of the effectiveness of such 22 ordinance; and 23 WHEREAS, the proposed amendment to the Wetlands Protec- 24 tion Ordinance appears to be applicable countywide with no 25 opportunity for municipalities to "opt out;" and 2§ WHEREAS, the City Council of the City of Boca Raton 27 opposes any attempt by the Board of County Commissioners to 28 deprive municipalities of their right "to opt" out of ordinanc- 29 es adopted by the County unless they are adopted by referendum 30 in accordance with the dictates of the Palm Beach County 31 Charter; now therefore 32 33 34 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1 BOCA RATON: Section 1. The City of Boca Raton objects to the 4 5 adoption of the amendments to the Wetlands Protection Ordin- 6 ance, which would preclude municipalities from being able to 7 "opt out" from the provisions of the entire Wetlands Protection )rdinance. Section 2. The City Clerk is directed to submit copies l0 )f this resolution to each of the members of the Board of 11 County Commissioners and to other municipalities within Palm 12 Beach County urging them to adopt a similar resolution. 13 Section 3. This resolution shall take effect immediate- 14 ly upon adoption. 15 PASSED AND ADOPTED by the City Council of the City of 16 Boca Raton this ~~day of ~~/ , 1993. 17 CITY OF BOCA3%A~ON, FLORIDA 20 ~~~~ ~1 ~S~th,. Jr., Mayor / ~21 ~andace Bm:' ~ ~ O' Y er / // 22 23 RC2/93127 24 25 27 28 29 30 31 32 33 3~ 8/10/93 TO: City Clerk c: David Kovacs RAB :mld CiTY OF PALM BEACH GARDENS 10500 N, MILITARY TRAIL ° PALM BEACH GARDENS, FLORIDA 33410-4698 Mayor City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444-2698 Dear Mayor: Enclosed please find a copy of Resolution 91, 1993, objecting to the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Land Development Code be adopted under the auspices of the Environmental Control Act. Resolution 91, 1993 was unanimously approved by the City Council at their Regular Meeting of August 5. 1993. Sincerely, Exa M. Rief Deputy City Clerk Enclosure: As Stated ' ' RE'¢EiVE6 '" g/tol? [ CITY CLERK , RESOLUTION 91, 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, it has come to the attention of the City Council of the City of Palm Beach Gardens, Florida, that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and WHEREAS, this particular ordinance was originally adopted several years ago under the auspices of the Environmental Control Act, a special act in Palm Beach County adopted in 1977; and WHEREAS, when this particular ordinance was adopted to apply countywide, it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resource Management, that portions of the ordinance would sunset; and WHEREAS, the sunset, provision of this wetlands ordinance was extended by the Board of County Commissioners March 15, 1993; however, delegation has not been achieved; and WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Palm Beach County Municipal League that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied countywide, regardless of input received from the municipalities, the County would still retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and WHEREAS, this countywide ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all department heads in Palm Beach County on February 2, 1993, and was reiterated by the Board of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unified Land Development Code on March 2, 1993; and WHEREAS, the Department of Environmental Resource Management had proposed to amend the Wetlands Protection Section of the Unified Land Development .Code and to submit same to the Board of County Commissioners for first reading on June 15, 1993, to be applicable countywide with no opportunity for municipalities to "opt out"; and WHEREAS, this date has now been postponed due to the efforts of the Municipal League; and WHEREAS, the City Council of the City of Palm Beach Gardens desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances adoDted countywide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: Section 1: The City Council of the City of Palm Beach Gardens, Florida, strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protection ordinance. Section 2: The City Council of the City of Palm Beach Gardens hereby directs the City Clerk to submit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. resgl.93 2 Section 3: This Resolution shall take effect immediately upon adoption. INTRODUCED, PASSED AND ADOPTED T.IS TNE ~// DAY OF AUGUST, 1993. U~S6, MAYOR- ATTEST: · KOSIE~ CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR MONROE COUNCILMAN JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK APPROVED AS TO FO~M ~%ND [.EC:,AL SUFFICIENCY resgl.93 3 TOWN OF PALM BEACH Office of the Town Clerk August 13, 1993 Ms. Allison MacGregor Harty, City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444-2698 Dear Ms. Harty: At the Town Council meeting held on August 10, 1993, the Town Council of the Town of Palm Beach adopted Resolution No. 31-93 and in accordance with the stipulation set forth in Section 2 of that Resolution a copy is being sent to you for your further handling. If this office can be of any further service to you, please do not hesitate to call or write. Sincerely, Towa~e Ts Pe~'te~~ ~'rk, CMC, AAE enc. GTP/JR Post Office Box 2029 · 360 South County Road · Palm Beach, Florida 33480 · (407) 838-5416 Fax No. 407-833-8827 RESOLUTION NO. 31-93 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, it has come to the attention of the Town Council of the Town of Palm Beach, Florida, that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and WHEREAS, this particular ordinance was originally adopted several years ago under the auspices of the Environmental Control Act, a special act in Palm Beach County adopted in 1977; and WHEREAS, when this particular ordinance was adopted to apply countywide~ it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources Management, that portions of the ordinance would sunset; and WHEREAS, the sunset provision of this wetlands ordinance was extended by the Board of County Commissioners until March 15, 1993; however, delegation has not been achieved; and' WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Palm Beach County Municipal League that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied countywide, regardless of input received from the municipalities, the County would still retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and WHEREAS, this countywide ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all department heads in Palm Beach County on February 2, 1993, and was reiterated by the Board of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unified Land Development Code on March 2, 1993; and WHEREAS, the Department of Environmental Resources Management had proposed to amend the Wetlands Protection Section of the Unified Land Development Code and to submit same to the Board of County Commissioners for first reading on June 15, 1993, to be applicable countywide with no opportunity for municipalities to "opt out"; and WHEREAS, this date has now been postponed due to the efforts of the Municipal League; and WHEREAS, the Town Council of the Town of Palm Beach desires to advise the Board of County Commissioners that the Town opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances adopted countywide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, that: Section 1: The Town Council of the Town of Palm Beach, Florida, strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protection ordinance. Section 2: The Town.Council of the Town of Palm Beach, Florida, hereby directs the Town Clerk to submit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County, requesting that each municipality adopt a similar resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League. Section 3: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 10th day of August, 1993. ATTEST: ~ Town Clerk Town 8/27/93 c:~C.---i~Y Commission 5985 Tenth Avenue North Samuel J. Ferreri .' ~i?~~lerk (407) 642-2006 David B. Farber ',~. Attorney City Manager City of Greenacres TO: MJ~u[~]~,S OF TIIE BOARD OF COUNTY COHHISSIONERS ~T.T. PAI~ BEACH COUNTY HUNICIPALITIES FROM: SONDRA K. HIS, CITY CLERK RE: RESOLUTION NO. 93-21 - WETLANDS PROTECTION DATE: AUGUST 23, 1993 COPIES: HAYOR SAHUEL J. FERREILY AND CITY COUNCIL DAVID B. FARBER, CITY HAHAGER At their meeting of August 16, 1993, the City Council unanimously approved Resolution No. 93-21 as follows: RESOLUTION NO. 93-21 A Resolution adopted by the City Council of the city of Greenacres, Florida, objecting to the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Land Development Code be adopted under the auspices of the Environmental Control Act, thus being effective countywide, even within the incorpor- ated areas of Palm Beach County, in derogation of the recently approved agreement between the Board of Commissioners and the Palm Beach County Municipal League relative to countywide ordinance procedures. The City Council requests that each municipality adopt a similar resolution in order to preserve the policy agreement which is in effect between the County and the Municipal League. Attachment Richard C. Radcliffe James E. Rawlins, Sr. Charles E. Shaw Isaiah "Shy" Freed Murray R. Eckstein Cour~cHma¢~ Oouncilma~ Couc, cilman Councilma,1 Councilman District I District Il District III District IV District V ordinance was extended by the Board of County Commissioners until March 15, 1993; however, delegation has not been achieved; and RESOLUTION NO. 93-21 Page 2 W~]~Y2%S, in the meantime, the Board of County Commissioners reached an'agreement with the Palm Beach County Municipal League that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied countywide, regardless of input received from the municipalities, the County would still retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and W~RREAS, this countywide ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all department heads in Palm Beach County on February 2, 1993, and was reiterated by the Board of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unified Land Development Code and to submit same to the Board of County Commissioners for first reading on June 14, 1993, to be applicable countywide with no opportunity for municipal- ities to "opt out"; and WIq~N~Y~AS, this date has now been postponed due to the efforts of the Municipal League; and RESOLUTION NO. 93-21 Page 3 WHEREAS, the City Council of the City of Greenacres desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, as set forth herein, whereby the munici- palities preserved the right to "opt out" of all ordinances adopted countywide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THR. CITY COUNCIL OF ~ CITY OF GREENACRES, FLORIDA, THAT: Section 1. The City Council of the City of Greenacres, Florida, strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protec- tion ordinance. Section 2. The City Council of the City of Greenacres, Florida, hereby directs the City Clerk to submit copies of this resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. RESOLUTION NO 93-21 Page 4 Section 3. This resolution shall take effect immediately upon its adoption. RESOLVED AND ADOPTED this 16th day of August , 1993. 'Ged erl Richard C. Radcliffe/~ / ~ Deputy Mayor~ s.~hdra K. Hill Ja~es E. Rawlins, Sr. ~ity Clerk Councilman, District II Charles E. Shaw Councilman, District III ~'... Isaiah ~Shy~ Freed / Councilman, District IV ) Councilman, District V Approved as to Form and Legal Sufficiency Char]les- F Scho~ch, City Attorney