Res 100-91 Failed 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
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. 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
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 Inform&tion.' 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 sort~A"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
[IT¥ DF I]ELRII¥ BEfl[H '
CITY ATTORNEY'S OFFICE ~°°~^~,,,~[,_~'~ "* ~o?~?...,?. ^~' ~'-~'~' '~" ~'-°~'~^ ~"'*"
Writer's D~rect L~ne
(407) 243-7092
MEMORANDUM
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]~~:~r~¥, Clt¥Clez~
county.txt
Palm neatfl I oun[y MHN]I[:IPA£ LEAGUl
P.O. BOX 1989. GOVERNMENTAL CENTER. WEST PALM BEACH. FLORIDA 33402 (407) 355-4484
;'/Of~ 1 5 t991
MI~MO ~ t~ C / ., ,,, ,k,.~, /~ %, £ 8 . ~'
?O: All Palm Beach County Mayors and Managers
FR: Jack Horniman, Munlcipa]~"Executive Director
D?: November 13, 1991
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 County MUNICIPAL LEAGUE
P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM 9F. AC,H. FLORIDA ~2 (407) 355-4484
TO: Ail Palm Beach County Mayors and Managers
FR: Jack L. Horniman, P~Beach County 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 abilitF 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 Countywide
Future Land Use Element (CFLUE) Committee in developing a future
land use elezent 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
Ail Mayors and Managers
October 24, 1991
Page 2
by the Planning Council acting 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 Ccunty. 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 approved providing a checks and
balances system to monitor the activities of the Planning Council.
The League's position over the past year bas 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 proDosed 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 of the Planning 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
Ail Mayors and Managers
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
d±scussion and refrain from the consideration of any changes to
Article VII of ~he Palm Beach County Charter."
If the Board of County Co~missioners 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 re~eal 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 Article 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 fs 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 resolu=ion 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 Com=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. 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:
_v C~ty Cl~rk~ '
RESOLUTION NO. 101-91
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
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 shall take effect immediately upon
its passage.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAYOR
ATTEST:
City Clerk