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Res 99-91 RESOLUTION NO. 99-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 7.19 OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA, VOTING TO REPEAL ARTICLE VII (COUNTYWIDE PLANNING COUNCIL) OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA; URGING SUPPORT FROM OTHER LOCAL GOVERNMENTS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Article VII of the Palm Beach County Charter, specifically, Section 7.19 which is entitled "Repeal Provision", the local governments in Palm Beach County through their governing bodies have the ability to vote by Resolution to repeal the entire Article VII pertaining to the Countywide Planning Council within thirty (30) days prior to the fifth year anniversary January 1, 1992; and, WHEREAS, the City of Delray Beach has determined it is in the interest of its citizens and the citizens of all local governments within Palm Beach County to repeal Article VII (Countywide Planning Council) of the Palm Beach County Charter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the governing body of the City of Delray Beach, Florida, hereby casts its vote by this Resolution to repeal Article VII of the Palm Beach County Charter in accordance with Section 7.19 of the Charter which is entitled "Repeal Provision" and which provides that each local government in Palm Beach County has the authority, through its governing body, by Resolution to vote to repeal the entire article within thirty (30) days prior to the fifth year anniversary of the effective date, which would be January 1, 1992. Section 2. That the governing body of the City of Delray Beach, Florida, urges each and every local government in Palm Beach County to support this position and adopt a similar resolution during the month of December, 1991. Section 3. That the City Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach Countywide Planning Council, the Palm Beach County Municipal League, the Board of County Commissioners of Palm Beach County, the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs. Section 4. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 10th day of December, 1991. ATTEST: - C~ty Cl~rk~/ ' ! [lTV OF OELRFIV BEFI[H December 13, 1991 _r. Carmen Annuziato, Executive Director Palm Beach Countywide Planning Council 2290 Tenth Avenue North, Suite 501 Lake Worth, FL 33461 Re: Resolution No. 99-91 Dear Mr. Annunziato: In regular session on December 10, 1991, the Delray Beach City Commission adopted, by unanimous vote, Resolution No. 99-91, voting to repeal Article VII (Countywide Planning Council) of the Charter of Palm Beach County. A copy of Resolution No. 99-91 is enclosed for your consider- ation. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Alison MacGreg~g~g~g~g~g~g~g~g~Harty City Clerk AMH/rs Enclosure cc: City Attorney Director of Planning and Zoning RESOLUTION NO. 99-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 7.19 OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA, VOTING TO REPEAL ARTICLE VII (COUNTYWIDE PLANNING COUNCIL) OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA; URGING SUPPORT FROM OTHER LOCAL GOVERNMENTS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Article VII of the Palm Beach County Charter, specifically, Section 7.19 which is entitled "Repeal Provision", the local governments in Palm Beach County through their governing bodies have the ability to vQte by Resolution to repeal the entire Article VII pertaining to the Countywide Planning Council within thirty (30) days prior to the fifth year anniversary January 1, 1992; and, WHEREAS, the City of Delray Beach has determined it is in the interest of its citizens and the citizens of all local governments within Palm Beach County to repeal Article VII (Countywide Planning Council) of the Palm Beach County Charter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOL~WS: Section 1. That the governing body of the City of Delray Beach, Florida, hereby casts its vote by this Resolution to repeal Article VII of the Palm Beach County Charter in accordance with Section 7.19 of the Charter which is entitled "Repeal Provision" and which provides that each local government in Palm Beach County has the authority, through its governing body, by Resolution to vote to repeal the entire article within thirty (30) days prior to the fifth year anniversa~ of the effective date, which would be January 1, 1992. Section 2. That the governing body of the City of Delray Beach, Florida, urges each and every local government in Palm Beach County to support this position and adopt a similar resolution during the month of December, 1991. Section 3. That the City Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach Countywide Planning Council, the Palm Beach County Municipal League, the Board of County Commissioners of Palm Beach County, the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs. Section 4. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 10th day of December, 1991. ATTEST: - city Cl~r~/ ' Ruth: the following letter is to be sent along with a copy of Res. ~99-91 to the following people/entities: - Palm Beach Countywide Planning Council (check with Celeste for address; I believe Mr. Carmen Annunziato is the person to whom it should be directed, but please verify with D. Kovacs) - Mr. Jack Horniman Executive Director Palm Beach County Municipal League P.O. Box 1989 West Palm Beach, FL 33402 - Board of County Commissioners (each member) - Treasure Coast Regional Planning Council (obtain address & contact from DJK) - Florida Department of Community Affairs (obtain address & contact from DJK) Re: Resolution No. 99-91 Dear so and so: In regular session on December 10, 1991, the Delray Beach City Commission adopted, by unanimous vote, Resolution No. 99-91, voting to repeal Article VII (Countywide Planning Council) of the Charter of Palm Beach County. A copy of Resolution No. 99-91 is enclosed for your consideration. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Alison MacGregor Harty City Clerk AMH/ Enclosure cc: City Attorney Director of Planning and Zoning MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER c~ PALM BEACH COUNTYWIDE PLANNING COUNCIL DATE: December 6, 1991 Attached for your consideration are three resolutions with regard to the Palm Beach Countywide Planning Council. The first, Resolution No. 99-91, provides for the sunset of the Palm Beach Countywide Planning Council. Staff has reported that as of December 5, 1991, nine municipalities have adopted "Sunset Resolutions" The County has indicated that they will do likewise. Twenty resolutions are required to sunset the organization. The second, Resolution No. 100-91, calls for the Palm Beach County Board of County Commissioners to pursue a program for a countywide planning program but only after due deliberation with other affected entities including municipal interest. The third, Resolution No. 101-91, supports the continuance of the Palm Beach Countywide Planning Council. This resolution was drafted pursuant to direction received at your December 3rd regular meeting. A detailed staff report is attached as background material for this item. RESOLUTION NO. 99-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 7.19 OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA, VOTING TO REPEAL ARTICLE VII (COUNTYWIDE PLANNING COUNCIL) OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA; URGING SUPPORT FROM OTHER LOCAL GOVERNMENTS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Article VII of the Palm Beach County Charter, specifically, Section 7.19 which is entitled "Repeal Provision", the local governments in Palm Beach County through their governing bodies have the ability to vote by Resolution to repeal the entire Article VII pertaining to the Countywide Planning Council within thirty (30) days prior to the fifth year anniversary January 1, 1992; and, WHEREAS, the City of Delray Beach has determined it is in the interest of its citizens and the citizens of all local governments within Palm Beach County to repeal Article VII (Countywide Planning Council) of the Palm Beach County Charter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the governing body of the City of Delray Beach, Florida, hereby casts its vote by this Resolution to repeal Article VII of the Palm Beach County Charter in accordance with Section 7.19 of the Charter which is entitled "Repeal Provision" and which provides that each local government in Palm Beach County has the authority, through its governing body, by Resolution to vote to repeal the entire article within thirty (30) 'days prior to the fifth year anniversary of the effective date, which would be January 1, 1992. Section 2. That the governing body of the City of Delray Beach, Florida, urges each and every local government in Palm Beach County to support this position and adopt a similar resolution during the month of December, 1991. Section 3. That the City Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach Countywide Planning Council, the Palm Beach County Municipal League, the Board of County Commissioners of Palm Beach County, the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs. Section 4. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 10th day of December, 1991. ATTEST: CITY COMMISSION DOCUMENTATION MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: DECEMBER 5, 1991 FOR MEETING OF DECEMBER 10TH SUBJECT: PALM BEACH COUNTYWIDE PLANNING COUNCIL Further Information: The material provided in your previous documentation (12/3) is apparently scuttled by the Board of County Commissioners (BOCC). The latest workshop discussion and BOCC consensus set forth the following program: * BOCC vote to "sunset" the Planning Council. * Transfer of the Planning Council Director and staff directly under the County system as a division within the Planning Zoning and Building (PZ&B) Department. * Put forth a different type of charter provision (referendum) which will provide countywide planning (and regulatory) authority under the BOCC for the areas of water quality/quantity; solid waste; environment(?). * Other topics/subjects may be added through the initial referendum or subsequent (amending) referendum. * Establishment (through referendum) of a sortsA"board of adjustment" which would consider and act upon double i's (Intergovernmental Inconsistencies). There is some merit in approaching the countywide planning issue in the above format. Such an approach addresses some of the City Manager' s concerns which involve the "bureaucracy" which is a part of the present system. However, it would be best if the referendum would "evolve" as opposed to _it being a hastily drafted charter provision. Thus, in addition to the previously directed alternative resolutions, we now have another option to consider. The range of options now include: 1. Adopt a resolution calling for SUNSETTING of the County Wide Planning Council. City Commission Documentation Memorandum Palm Beach Countywide Planning Council Page 2 2. Adopt a resolution (formal statement) in support .of retaining the existing situation. 3. Adopt a resolution (formal statement) in support of the most recent proposal. 4. Adopt a resolution (formal statement) in support of the most recent proposal including a request that wor~ing of the referendum be carefully constructed through some sort of participatory process. 5. Both 1 & 4 6. Take no action. As of the writing of this background documentation, nine municipalities have adopted SUNSET resolutions. The County has indicated that they will do likewise. Twenty resolutions are required to sunset the organization. DIRECTOR'S RECOMMENDATION: Either take no action or' support the approach which was set forth at the work session, but with the caveat that occur through constructive participation. Attachments: * Resolutions for actions 1 and 4 (If a different direction is desired, a resolution can be easily constructed at the meeting.) DJK/#90/RESPC.DOC CITY I:IF DELRII¥ BEACH ' CITY ATTORNEY'S OFFICE ~°° '~'" "~ ^'~'~'' ~'"^" "~'~"' ~'-°~"~ ~'" FACSIMILE 407/278-4755 Wr2ter's D2rect L~ne (407) 243-7092 MEMO~ND~ Date: November 27, 1991 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Resolution Concerning Countywide Planning Council Our file #25-90.007 Attached please find a resolution which would cast a vote to repeal Article VII of the Charter of Palm Beach concerning the Countywide Planning Council. Also attached is a memorandum from Jack L. Horniman, Executive Director of the Palm Beach County Municipal League, which explains in detail the background of this resolution. We are ~requesting that this resolution be placed on the next December agenda Should you have any further questions regarding this matter, please do not hesitate to contact the City Attorney's Office. JSK:jw Attachments cc: David Harden, City Manager A~lll~_Har~¥, Clty Cle~ county.txt Palm [leal h Coufll: MUNICIPAL LEAGUE P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 355-4484 $ 799! TO: All-Palm Beach County Mayors and Managers~ n -.~f~/C~ FR: Jack Horniman, MunXcipa]~'Executive Director PT: November 13, 1991 RE: Palm Beach Countywide Planning Council At the Board of Directors meeting of November 13, 1991, the Board of Directors requested that a memorandum be sent as a reminder to all cities to carefully consider at your December 1991 regular Council/Commission meeting appropriate action reGardinG the Countywide Planning Council. Attached is the memorandum dated October 24, 1991 that previously explained this matter in detail. You must act within the provision of the County Charter, in the month of December only (within 30 days prior to January 1, 1992). This is simply a reminder as you will have only one time to act appropriately. If you have any questions reGardinG this matter, please contact this office. Thank you. Palm Beach Counl:y MUNICIPAL LEAGUE P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH. FLORIDA 3.3402 (407) 3554484 M]~ORAI~tlN TO: Ail Palm Beach County Mayors and Managers FR: Jack L. Horniman, P~Beach Councy Municipal League Executive Director DT: -October 24, 1991 RE: Article VII -- Palm Beach County Charter Countywide Planning Council The Board of County Commissioners of Palm Beach County is proceeding toward a revision to Article VII of the County Charter which would expand the powers and scope of the Countywide Planning Council or abolish it in its entirety. They have prepared an ordinance for public hearings dates that have not been set yet that would provide for a referendum to be placed before the voters of Palm Beach County on March 10, 1992 to accomplish this end. The ordinance specifically deletes the repeal provision (Section 7.19) of the current charter. This repeal provision was originally placed on the County Charter as part of the checks and balances to assure that all parties' interests were protected from the Planning Council exercising powers and authority beyond the Charter's original intent. To date, the Countywide Planning Council has spent $2.8 million tax dollars and its current budget for fiscal year 91-92 is $1,106,278. The month of December is crucial to all local governments as this month represents the only 30 day period in the past five (5) years within which municipalities have had the ability to exercise, if deemed appropriate, the repeal provision of Article VII of the Palm Beach County Charter. As you are well aware, the Palm Beach County Municipal League has played an active role throughout the past year in working with the Palm Beach Countywide Planning Council staff and their CountEwide Future Land Use Element (CFLUE) Committee in developing a future land use element that meets the intent and purposes of Article VII of the Palm Beach County Charter. After numerous hours, of League participation and expenditure of funds and resources for extensive professional legal and planning expertise, a CFLUE was approved on July 1, 1991 by a 15 to I vote All Mayors and Managers October 24, 1991 Page 2 by the Planning Council actin~ as the Local Planning Agency (LPA) for Palm Beach County. The Planning Council recommended approval by the Board of County Commissioners who unanimously approved the CFLUE and transmitted it to the DCA at their public hearing held on July 22, 1991. This revised approved CFLUE now tracks the language of the existing charter and is consistent with the scope and authority granted through the charter. Even though the League and the Planning Council mutually agreed on the content of the CFLUE, and the Board of County Commissioners finally agreed on the content of the CFLUE as presented, the Board of County Commissioners has introduced a proposed ordinance and ballot language to amend Article VII of the Palm Beach County Charter. This action by the Board of County Commissioners is inconsistent with the creation of a harmonious relationship among the County, the Planning Council and the League working toward the unified planning of Palm Beach Ceunty. This action by the County negates the good faith efforts conducted by the parties in arriving at a workable solution in developing and approving a CFLUE this past year. As of this writing, the proposed revisions by this ordinance would "expand" the powers and the scope of the Planning Council or "abolish" it in its entirety. The proposed charter revision breaches the original 'agreement reached in 1986 between the municipalities and the County when Article VII of the charter was &pproved providing a checks mn~ balances system to monitor the activities of the Planning Council. The League's position over the past year has been consistent and unchanging. In short, the League has advocated that no charter revisions are necessary due te the agreement by all parties. Therefore, the League cannot support the proposed expansion of the powers and scope of the Planning Council. Further, the League would hope that the Board of County Commissioners would not jeopardize the future existence cf the Pla~ing Council, but would allow it to actually commence its charter mandated function. The Planning Council, the very body whose powers, functions and duties are being contested, adopted Resolution No. 91-5 on July 1, 1991 by a 12-4 vote. It is strongly noted that the 12-4 vote was not All Mayors and ~anagers October 24, 1991 Page 3 a strict municipal/county split in vote. Three (3) of the County appointees on the Planning Council voted for this Resolution along with the municipal membership on the Council. This resolution requested the Board of County Commissioners to "table any discussion and refrain from the consideration of. any changes to Article VII of uhe Palm Beach County Charter." If the Board of County Commissioners forces the issue regarding expansion of the powers of the Planning Council, the municipalities would be faced with making a decision to either exercise or not exercise the repeal provision of Article VII of the County Charter. It is emphasized that the Municipal League has not taken an official policy position on this issue. Each municipality will have to make this decision individually. Specifically, Section 7.19 which provides that a majority of local governments, voting by resolution of their governing bodies during the month of December 1991 have the authority to abolish the Planning Council by repealing Ar=icle VII of the charter. It is each municipality's responsibility to place this item on its agenda for careful consideration during the month of December, 1991 since according to Section 7.19 of the Palm Beach County Charter, if any action is desired, such action must be accomplished by resolution and must be taken within thirty (30) days prior to January 1, 1992 (i.e. during the month of December.) A sample resolution is attached for your municipality's reference and possible use. It is suggested that your clerk submit a certified copy of the resolution to the League office, the Board of County Comu=issioners and others cited in your resolution. Please forward a copy of any resolution your municipality adopts to the League office immediately upon adoption. Should you have further questions regarding this matter, please contact this office. RESOLUTION NO. 100-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CALLING FOR THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO PURSUE A PROGRAM FOR A COUNTYWIDE PLANNING PROGRAM BUT ONLY AFTER DUE DELIBERATION WITH OTHER AFFECTED ENTITIES INCLUDING MUNICIPAL INTERESTS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach is committed to the principles of good planning in order to promote and protect the quality of life and to encourage and foster reasonable development in Palm Beach County; and, WHEREAS, the City Commission of the City of Delray Beach supports the concept of countywide planning and its implementation of selected items of countywide significance provided that such a concept does not unduly infringe upon principles of municipal home rule and that such a concept involves from a deliberate process of consultation with affected entities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the governing body of the City of Delray Beach, Florida, hereby provides its support for the continued pursuit of an appropriate program for countywide planning and a forum for the resolution of matters of intergrovernmental incompatibilities provided that such a program does not unduly infringe upon principles of municipal home rule and that such a concept evolves from a deliberate, thoughtful process which includes consultation and discussion with affected entities. Section 2. The City Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach Countywide Planning Council, the Palm Beach County Municipal League, the Board of County Commissioners, and individual municipalities within Palm Beach County. Section 3. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the day of , 1991. MAYOR ATTEST: City Clerk RESOLUTION NO. 101-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELI{AY BEACH, PALM BEACH COUNTY, FLORIDA, CALLING FOR THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO MAINTAIN THE CURRENT PROGRAM FOR A COUNTYWIDE PLANNING PROGRAM; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach is committed to the principles of good planning in order to promote and protect the quality of life and to encourage and foster reasonable development in Palm Beach County; and, WHEREAS, the City Commission of the City of Delray Beach believes that the compromises reached in the creation of the Countywide Future Land Use Element furthers the concept of countywide planning and its implementation NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the governing body of the City of Delray Beach, Florida, hereby provides its support for the continuation of the current program for countywide planning as a forum for the resolution of matters of intergrovernmental incompatibilities. Section 2. The City Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach Countywide Planning Council, the Palm Beach County Municipal League, the Board of County Commissioners, and individual municipalities within Palm Beach County. Section 3. This Resolution shal~ take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the day of , 1991. MAYOR ATTEST: City Clerk Board of County Commissioners County Administrator Karen T. Marcus, Chair Jan Wrinters Carole Phillips, Vice Chair Carol A. Roberts Carol J. Elmquist Mary McCarty ~ Ken Foster ,/~~qN December 17, 1991 Ms. Alison MacGregor Harty, City Clerk 100 NW 1st Avenue Delray Beach, FL 33444 Dear Ms. Harty: I~d like to thank you for your sending me a copy of your Resolution No. 99-91 pursuant to Section 7.19 of the Charter of Palm Beach County, Florida, voting to repeal Article VII (Count~ide PlanningCouncil) of the Charter of Palm Beach County. I have forwarded your resolution to County Administration with a request that it be placed on the next available Board agenda to be received and filed into the official records. If I may be of further assistance in any way, please don't hesitate to contact me. i~rely, ~oar~of C~issioners KTM/pw cc(w/enc): County Administration "An Equal Opportunity - Affirmative Action Employer" BOX 1989 WEST PALM BEACH, FLORIDA ~3402-1989 ~:~ printed on recycled paper Carble Phillips Jan Winters County Administrator County Commissioner ~ District Five December 18, 1991 Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 32444 RE: Resolution # 99-91 Dear Ms. Harty: Thank you for sending a copy of the above-referenced resolution. This resolution will be forwarded to County Administration to be placed on the Board of County Commissioners agenda at the earliest possible date. Please be assured of our cooperation on this matter. If I or my staff can be of assistance, please do not hesitate to telephone us at 276-1310 in south county or 355-2205 in West Palm Beach. S~erely, % o County Commissioner District 5 CP/bg cc .- County Administration "An Equal Opportunity - Affirmative Action Employer" BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989