Res 16-91 RESOLUTION NO. 16-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA, IN OPPOSITION TO THE PENDING
DELEGATION AGREEMENT BETWEEN THE PALM BEACH COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
(DERM) AND THE FLORIDA DEPARTMENT OF ENVIRONMF_~TAL
REGULATION (FDER); PROVIDING AN EFFECTIVE DATE.
WHEREAS, DERM and FDER are in the process of negotiating an agree-
ment which will turn over environmental permitting responsibilities to
DERM; and
WHEREAS, as a result of the proposed delegation of permitting
responsibilities, DERM will likely need to increase staffing resulting
in increased costs to the taxpayers to maintain the Department; and
WHEREAS, the County may provide local regulation over unincor-
porated areas by separate ordinance, however, municipalities may, and
often do, adopt their own environmental protection ordinances. DERM
proposes to force a broadening of its jurisdiction into municipalities,
thus creating yet another layer of government and bureaucratic cost; and
WHEREAS, further County tax increases necessary to provide for
services presently provided by the State is in contradiction to the
desire of taxpayer's of the County to reduce, not increase, County
taxes. State taxes will not decrease to compensate for the increase for
County taxes to support the County assuming a State responsibility; and
WHEREAS, the City of Delray Beach does not know of, or has not been
given an opportunity to comment on this agreement; and
WHEREAS, there is significant concern about consistency in applying
regulations. Florida Department of Environmental Regulations (FDER)
staff apply environmental rules evenly throughout the state since they
are controlled by one administration. Inserting another staff to deal
exclusively with Palm Beach County could lead to wide variations in
applying regulations throughout the state. This could lead to an
increase in legal appeals and possible weakening of environmental
regulation through the courts if application is found inconsistent; and
WHEREAS, historically, municipal governments such as the City of
Delray Beach have regulated their jurisdictions and the County has
handled the unincorporated areas. FDER has had authority over waters of
the State. This system has functioned efficiently and the concepts of
"homerule" and "equal treatment under the law" were preserved. There is
no justification now to change the system and risk violating these
important concepts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City of Delray Beach opposes the delegation of
regulatory responsibility from the FDER (State) to DERM (County).
Section 2. Further, we, the City Commission of the City of Delray
Beach, Florida, on behalf of the citizens of the City of Delray Beach,
Florida, request that the County Commission intervene to halt the
adoption of the DE~--FDER Agreement and direct DERM to cease further
efforts to assume regulatory authority already provided by other govern-
mental agencies.
Section 3. That this Resolution shall immediately upon passage be
communicated to the County Commission for Palm Beach County, Florida,
and copies will be sent to all cities in Palm Beach County, the
Municipal League, the Florida League of Cities, and the Governor's
Office.
Section 4. That this Resolution shall be effective upon adoption.
PASSED AND ADOPTED in regular session on the 13th day of March,
1991. ~~
ATTEST:
citY Cle?k .... J '
2 RES. NO. 16-91
Board of County Co, Jsioners anty Administrator
Karen T. Marcus, Chair Jan Winters
Carole Phillips, Vice Chair
Carol A. Roberts
Carol J. Elrnquist
Mary McCarty
Ken Foster
Maude Ford Lee
April 11, 1991
Elizabeth Arnau
City Clerk
'City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 34444
Dear Ms Arnau:
This letter acknowledges receipt of Resolution No. 16-91 in
opposition to the pending delegation agreement between the Palm
Beach County Department of Environmental Resources Management
(DERM) and the Florida Department of Environmental Regulation
(FDER).
The Palm Beach County Board of County Commissioners officially
received and filed the resolution at the April 9th Board meeting.
A copy of the resolution was forwarded to the Director of the
County's Envrionmental Resources Management Department.
Sincerely,
Connie Tolliver
Agenda Coordinator
cc: Richard Walesky, Director, ERM
"An Equal Opportunity - Affirmative Action Employer"
BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989
~ printedon ,ecvcledpaper (407) 355-2030
Suncom (407) 273-2030