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HomeMy WebLinkAboutHandouts_Regular_Any Other Matters_04/09/20091 LGXAHATCHEE RIVER MANAGEMENT COORDINATING CGUNCIL B`iLAWS AP.TICLE I ClAME The name cf. the organisation shall be the Loxahatchee River Management Coordinating refe-~ a Council (hereinafter ~Le~~ to as Co~_~nci1) . ARTICLE II LEGAL AUTHORITY The legal authority for the council is Chapter 83-?58 Laws of Florida entitled "Loxahatchee River Wiid and Scenic Designation and Pre~ervtion Act". ARTICLE III POWERS AND DUTIES The Council shall have the right to exercise all the e_<press powers and` dude= exiting under Chapter 8 }- „'~~ Laws of Florida and the Loxahatchee River ^dational Wild and Scenic River Management Plan (Management Plan), ir.cludinq, to wit: (I) To re•~iew and make anon-binding, advisory recommendations cohcerning applications for permits required by rules adopted pursuant to Chapter 83-358, Laws of Florida. The Council's re•~riew shall not impede the timely processing of such permits. The Ccuncil's review shall be limited to t:he det-er.mination of whether the proposed activity will have a substantial adverse impact on resource values-~ in the P,iver Ar~.3, a~ defined in Chapter .g?- 359, Laws of Florida. (~) To review ~ ~ ~ r,- ar,,1 mar: ._ ,~n-Linding, advisory recommendations concerning rules proposed to be ad,~pted by the D ~.artment ~F of "datural Resources (hereinafter referred to as p ~Y1. O ~r~n~ ~~~~ f Department) or the South Florida Water Management District (hereinafter referred to as District) pursuant to Chapter 83-358, Laws of Florida. (') To nevi°w and ma!;e non-binding, advisory recommendaticn~ concerning amendments cr modifications to the Management Plan proposed to be adopted. (4) To propose amendment: to the Management elan. (5) To revie~.~ and make non-binding advisory recommendations concernin~3 the report submitted to the Cour;cil as a result of each rt~J~-•lar revie',~ of the Management Plan. (E) To a:lvis? the Department an~~ the District or: rnctters ~ffectin7 the administration of the River Area. (7) To exercise any other powers ~~nd duties which may be lawfully delegated to it by the Department or the District pursuant to Chapter 83-353, Laws of Florida. AP.TICLE IV COUNCIL MEMBERS Members of the Council shall be composed of one representative or alternate who shall serve in the a`"_ _'1__ _f },_~ ~=p;_~-ntati'~e f_o,m --__-~^ ~ the f^1lowin:~ . - ---- - - U.S. Department of the Interior ~1~s"~8~`Y Florida Department of Environmental Regulation Florida Department of Transportation Florida Game and Fre_h Water Fish Commission Florida Department ~~f Ccmmunity Affairs Florida Department of Agriculture & Consumer Services Florida Department of State, Division. of Archives, History and Records Management Treasure Coast Regional Planning Council M,3rt i n County Palm Beach County Page 2 r Town of Jupiter Village of Tequesta Jupiter Inlet District _ Loxahatchee River Environmental Control District South Indian P.iver Water Control District Northern Palm Beach County Water Control District Palm Beach County Farm Bureau Two (2) Representati=.~es from local environmental and conservation groups One (1) representative from local river user groups and organi~atiuns Two (2)'I,andowner Representatives One (1) At-Large Representative Appointed by the ~°° Florida Department of Natural Resources ,:~~''` One (1) At-Large Representative Appointed by the ,= ~n South Florida Water Management District r ~~~~ ~~ Additional members cf the Co~c~l may be appointed or remo~v_ed by th_ e _Department ,or/ t~he_ District. Each alternate member ma~' y -serve mote in the absence of the respective member. ARTICLE V TERMS OF OFFICE FOP, COUNCIL MEMBEF.S AND ALTERr1ATES Each member and alternate of the Council as identified in Article IV shall be appointed to the Council in =writing b~• the appointing body and shall serve until duly replaced. Council members and alternates may serve consecutive terms. Vacancies shall be filled in the same manner as the initial appointee(s) to serve out the unexpired term. All appointment records shall ~,~ retained as part of the Council records. ARTICLE VI OFFICIAL COUNCIL RECORDS All Council minutes, records, correspondence, and other documents shall be retained in the offices of the District. ARTICLE VII OFFICERS There shall be the following officers, all of whom shall be members of the Council: Chairperson, Vice Page 3 Chairperson and Secretary. Section A. The Chairperson shall be the chief officer of the Council and shall: (1) Perform all duties set forth by these bylaws or incident to the office or prescribed from time to time by majority vote of those Council members in attendance at a duly- constituted meeting of the Council; (~) Pr-elide at meetin7s of the Council; and (-'; Appoint r~~placernents of officers to serve out unexpired term, chairpersons and membership of a1.1 special committees subject to majority vote of those Council member= in attendance at a duly--constitut`d meeting of the Council. Section B. The Vice Chairperson shall: ,,. tip Perform all duties of the Chairperson during the absence or disability of the Chairperson or in the evert c;f a •~iacancy in that office. When servin;3 as Chairperson, the Vice Chairperson shall r~xPrcise all powers of that office; and ('.) Perform such other duties as may be prescribed fr~~m time to time by majority vote of those Council members in attendance at a duly-c,~n..;tituted meeting of the Council. Section, ~. The Secre}any shall. ('_) Be the custodian of the..: records of the Council; (?) Prepare and maintain the official membership directory of the Council; (3) Prepare and disseminate the official minutes of all meatin,-s ~_f the Council; and y (9) Perform such ether unties as may be required by ths.ss byl,a~Hs or as may be assigned from time to ti ~- , me b1 ma~orityvote of those Page a ^J Council members in attendance at a duly- constituted meeting of the Council. ARTICLE VIII ELECTIONS AND TERMS OF OFFICERS iJominations shall be made and elections shall be held for the offices of Chairperson, ,lice Chairr,erson and Secretary at the Annual meeting. Officers shall elected by a majority ~.•ote of these Council members ~,- attendance at a duly-constituted Annual Meeting of the Council. ElF,;.tP~' officer= shall serve for a term of one year, shall .3=.~umt_ offices immediately upon their election, and may not serve more that; three (3) consecutive term,. nfLicers may be removed from office` or jus cause y t~No-thirds vote of the entire Council membership in attendance at a duly-constituted meeting of the Council called for that purpose. ARTICLE IX COMPENSATI0~1 Officers and Council members shall serve without compensation. AP,TICLE X SUPPGRT STAFF Such professional staff as the Council may require shall be as provided in Section 5(3)(0) of Chapter 93-- 358, Laws of Fl~~rida. AP,TICLE XI VOTING Each duly-appointed Council representative or alternat? in the absence of the representative shall be entitle~.3 to one vote. There shall be no voting by proxy. ARTICLE ;<II MEETINGS Secti,~n A. There shall be an Annual Meeting cf the. Page 5 n i Council for the election of officers and such other business as may be properly brought before the Council. Such Annual Meeting shall be held on the last Monday in January of each year at a time and place_as decided by the Council. Section E. Regular meetings, including the annual meeting of the Council, shall be held on the last ~ Monday of January, March, June and September cf each year. Sa`=`-1~~~ ~'• ~ Spe~-ia1 meetings ~:~: the Council may bF~ call_;i by the chairperson or by a majority vote of `he Council members at a duly-constituted meeting. The t irle an;'_ location of the meeting shall be determined t.y the Chairperson. erection D. Written notice ~~f 3i1 Council meetings shall be given to all Council Members at least fourteen (14) days in advance as to date, time and place of said meeting. ARTICLE XIII NOTICE OF MEETINGS P~iblic notice of all Council meetings shall be given. ARTICLE XIV QUORUM A quorum for the Annual M.~eting and fc_ any ,regular or special meeting shall consist of nine (~) council representatives or alternates as identified in Article IV. At any meeting, all questions, except those concerning amendments to the Bylaws, shall be resolved by a majority vote of those Council members or alternates in attendance. ARTICLE X~,I ATTENDANCE All Council Members or their alternates are expected , ~ to attend all meetings (13? of the Council. During a twelve ~ ~~~ f~. month period, in the e~.:ent a Council m ember or 1* ~,~ ~ their alt?rnate is absent from t_wo (2) re ular , j "> ~ : meetings, or is more than thirty (30 minutes late for ,, Fa~~e 5 .~;, three (3) regular :~,~~~} i T 7_ d~_ i ^;~ a twelve (12) month .....~.~~y..y_ _ '"_-__1 _..___ ..O 1~~ t~e COUP.Cl Of- t?~le absenteeism. The Council may con=id~r any e;ctenuating circumstances which may hav= ~--_~~~ed the excessive absences and may determi^~ that exter,~~atinj circumstances existed which caused or contrib~_t~~ t- the excessive absences ~r, ir. the alternative, the Council may de termine that the member's absences were ~;<cN~si~ :. Ir: the e~r~nt th? ansence:_ are :.ietermined to be ex::e_~sive, th` Chairperson shall so notify-, in writing, the .rtity which appointed the member and rag~est that the entity appcir,t a suc;-~ssor and ~-uccessor alternate to serve on the o~n ~1 as a - __ _ .~o.._-.. representative . and alternate of that entity. AP.TI CLE X'JI AMENDMENT Or n":~:',~n15 Thee Bylaw;; may be amended by a two-thirds vote cf those C~~uncil m~mbars. in attendance at any duly- constitute-~ Annual, regular or special meeting of the Council. How~•r~r, at least fourteen !14) da~~s' written notice shall be given of the proposed Bylaws amendment. Amendments to the Bylaws shall become effective upon adoption. ARTICLE XVII PARL I AME^lTAR`l AUTHORITY The Parliamentary Authority of the Council shall be P.oberts Rules of Order, latest edition. Adopted this 27th day of March, .1989. ,~ ~ ; '~.. ~" ~ ~ ~. - r . , _.... r i . ~~ ; ATTEST' : r ~C'.6~+.~" f-=~=--: _. 1 - " ~,. (Name) ~eCr°~3r7. Page 7 i `~ ~ (Nam?) Chairperson n Date: 9eptentber 29, 2Qt18 To: it,ozahatchee River Managenseat CoordiaAting Council Frost: Tiaras Smith, Cooncit Member 5ubj: For>Diseussion: Recommendations to the Connell The following are rccotmnendations to the LRIvfCC fair improving counci! business, meetings and membership. The intent of these nccommendations is Do meet the restoration and protection goals defined by the legislature by inlraasing the efficiency and effectiveness of the entire council given limited rosottrces efts time. - The~ recommendations are strictly thoso of an individaal member and are not as a recorttmendation from the SFWii+ID or Governing Hoard. R~omma#drttiois [qr the Wild nd Beattie I.o~rahatc!~• giver Mana~ea~m-t >~lan The Jloxabatchee Rivet' Managentant Coordinating Council servos as "coardinetioa council" snd advisory body Oo the FDBP and SFWMD to achieve the goals set fiatlt by the Governor and Cabinet overtwenty-6ve years ago (Resolution Jattttary I I, I983j. These goals are as foibws: pnearervd avrderrhurtce rhs river's wrtque run7ural vahres, ' restore ties river's hialvrlca! Jaydrologie regEst~ ears ^ ret-~erse the deteter~ aalxw~aKer indwion into flat fiver. it is this member's opinion that the Coordinating Council wii! be most effective in achieving those guafs if each member has a clear understanding of the Council's rolq priorities scut how each member contributes to the collective gr~wtp. To accomplish this, the Council must have a plan; hence the Wild arts Scenic Loxahamhae River 1Managenxnt Pfau, The Plan was developed to meet the reQui:artrents of the Wild and Scenic River A+ct, but most importantly, as a guidance docwnont for involved agencies to meet the goats stated above. Ther+ofore, it fonows a primary role of the Council is to develop and implement dre Loxahatchee WiW and Scenic River Mauggegnent Plan. The Loxshatchee Wild and Scenic River h'~ent Plan shoats define the Council's ps~ities, strategies, and tasks and evacuate progress tvwatd achieving the goats. Theref+ca+e, the rocotnme»dation to the Council is eo focus on only two parts of the Plan that will become the Council's "guickboo&" far future actions and decisions: ^ Priorities„ objectives, strategies, tasks, arts resources ^ Evaluation of pmgnss relative to goals. - B~ttntta a s frog jV,jgse~ans: 1. Adhere to Robert's Rules of CMder. The t,RMCC Bylaws state "ths Ptrrlfaeteatwy,lrtthori[y of ties Corntell alrall be Robert's Rules of Chder, latent edition" (Coturcic Bylaws Article X~. Soma points of note: • The Chair shalt recognize ar "assign' the floor by recognizing those members who wish to speak try calling them by same in order: Members shall ask permission of the Chair to have the floor. • Ntembers shsQ confirus their discu~io~n bo the motion or topic on the floor. ' Each motion that is debated receives tea minutes of debate. The member initiating the motion spanks first. The Chair asks for a rebuttal. All members wishing to speak about the motion receive the opportunity to speak before any one member speaks for a second time, hems not acconlplish~ within the defarad discussion time wiil ~ considered unfinished business and carried do the next meeting. The meeting will begin and end on time, Ai! items not accomplished wil! be considered unfinished business end put on the following agenda. Z. Manage the MeoNq= Agenda: ONy members of the Council may propose Agenda items, Members of the public with am interest in an issue should contact the appropriate agency tbprosentative with their ~~ Each agenda item should have a defined timo limit for pr~erdatioat nand discussion. Members must make a (r+equost to the Chair or a motion?~ state the ralevaace of their request is achieving the goals in the plan, and either obtain (the Charm's p~issioA or majority support? to place items oA the agenda. Far example, " Chair, I'd tike ar make a motion to add a short presamati~ by the FDEP oa babNat raatordloa efforts for the ,gored S~nstigasbmr to the ae~at meatus agenda. Pt+oRect~g the habitat of tfoe 3oatigaster is as objective is the Wild and. Sc~ic Pfau and is a part of the scat to pesrve the rlwsr'a ,wl~e nat:w~al vafires: therefore is the busiueas of this council '• Public speaking opportunities will be datinad oat the agenda either after the agenda topic or at the end of the meeting---to be determined by the Comscc~. Meeting agendas sad minutes will be fiaalia~ed and Gent ar members five (5) business days in advance of tfie meeting. 3~ Condense Meeting Minutes: • Propars in accordance with Robert's hulas of ter tetptitemeaus (which does not include discussion; only motions, votes and a+~ohrtians). • Mimes Brwm the provious meeting wilt be sent wilt the upcoming meeting agenda to give mombers time for review. 4) Manage Prase~tatplass: Ali presentations to the oowtcil shall contain the following: a, rebvaaee to the Maor~geaaent Plan goofs and objectives b. proposed qualitative or quantitative bene~bdimpacts to the W&S River c. action requested of the council As a general guideline, paemntations wilt be limited to I S minutes with time afterwards for discussion. S) Dallas the Dlstriet's Sepport Aok (fe. Gardenia): - ^ Provides support to the council. • Prepares agenda and public meeting notices. • Not to r~lat:o or perform the duties of the Officers. • Not a foatim to debate or questiom the decisions of the Council. • Council discussions and business must go through the C~ercil. Requests tD agenda items must be approved by the councilor Chair. Recawmend~o,~r Mtmfierahin Council membership eurnently consists of the folibwimg seats: Legislatively»mandated - l l .. ... _.-.r~....~ ..~.....+wr - v ' SFWMD and FDEP at-large - 2 ' Non-Governmental and Interest groups -3 The Department ar-d District may add or remove non Legislatively mandated soars to the Council as "deemed advisable". The fifteen (! 5) non-mandated scats have bean added oo the Council over time and as being "darned advisable" at the time. Accenting to SFINMD Legal Counsel, the fact that the District and Department have designated members in the past "does not constitute a legally binding precedent for that composition in the future." {Bartolone, 2~Sk Therefore, Council members may recommend changes m the (non-mandated) membership at any time ba the Department and District. The recommendations below arc based on balancing the voting membership of the council so each agancy and organization has one mpr+asentative and one vote. Tho recarnmendations are also targeoed towards giving other members of the community and interest groups an opportunity to serve on the council. 1. LegislstivieEy appointed seats (uo change): t. National Park Service (nano) s. Palm Beach County (Richwtii Walemslry} z, Martin County (Cotmnissia~r Sarah ~. Jupiter Inlet District (Tom Howa:,d) s. Taws of Jupiter (Robert Rickman) ~ L~vxahaochee River Fnvirontteetrtal Control District (Rick Dart} South Indian Iftiver water Control District (Gale English} a. North Palm Betmh Water Control District (Samuel Payson) 9 Palm Beach County Farm Bureau (Melanie Peterson) to South Florida W titer Mart pisinct (Karep Ste) . t r. Florida Department of the Environment (Chad Kennedy) 2. "Other Participating Ageades: Query bo determine if they wish to retain voting status or participate oa an "as needed„ issue-rvialod basin whir no voting rights. Participating Agency raprasentativas that do not regularly atom meetings will automatically loco their sgmtcy's seat and voting right. tz U.S. Fish and wildlife Service {Darla Foeaek} 13. Florida, Department ofTrat>esportatio~n {Aan Hroadwell) ta. Florida Fish and Wildlife Conservation Commission (none) ts. Village of Tequesta (Vmco Arena) tu, lepartment of Community Affairs (gone) t~t, Treasure Caaat Regional Phtnning Council (Peter Merritt) ta. Florida Dapaftmant of Agriculture and Community Services (Rebecca Elliot} ta. City of Palm Beach Gatdelts {David Levy) 3. Wr iml~ete ~At Large" Seats to capsply r~rit6 the A~ The Act states "~[ poer»ravrerrt eme»t cno~nati~g catarcil compase9d of ~'°m each of ~ P~'~cs Pr'm' ~ at~sect(orr 2 (Chapter 83 358. Section 3 (c.) ra: LegisGttive[y Appointed Ager-cies}. T'herefora, the District and FDEp will eliminate mat-large" coats: SFwMD at Large {empty) FDBP at Largo {Marge ICetoer) 4 To allga the Council wild tlee "one representative--ane vote" rsqulrEment in the legislation, designate one (I) member for eACb Speche! Interest Area: G~erreert Meenbarship; so. Local ltivcr User Group (Jien Ostranc~r) 21. Local Environmental df: Conservation Group (Native Plant Society Herb Zebuth) n Local finvironmental dt Conaen-atioee Group (Martin County Audubon . Grzg Braun) Z~ Landowner Reproseatativa (Boy Scouts -~'at Magrogan) za. Landowner Represaatative (none) Proposed Meaebership: 20. Local River User (1) Z I . Local Environmental dt Conservadon Group (1 } 22. iandoamer Raproseertstive (1 } 23. Intar~estad Party (1) Similar to aSanay ropraeeetatives, each special ieetetest group member shall ropreseeet the inta+osts of their group. Non voting hgencies +~ in~a+est groups should expeess their views through a ropreseatative or during public comereent. 'The Caemcii will cor~inue to provide time for publio oonunent and encourage nonvoting manbecs to cwnmunicxte their concaves to the Council. The Coemci! shall givae serious consideration ba all public iasput before voting sad advising the >;lopartmuent sad District. 3. All son-IeQ~tivaly appointai aeab s6aH be coosidend `bpeu" durlog the first moetb of the csiendsr year to aflerr morn epportnaitks for diverse ageacJ- and public pArtkipatlos. ^ Individemis will have no teme limits. The District sad Department will jointly approve member rapiacemeat based on raconneaeeedations from the Couemii, from the public and other inbar~ast groups. ^ Members of the public will be encouraged to contact Council, l'?istrict or Department representatives ra exptress their interest in serving on the Council. " Agencies shall retain the right do replace individeule at anycirne for imffing reasons. " 'flee District and Departmenrt retain the right nt neplaee maenbers for dust cause" as emoted in the Act. "Just cause" includes, bat is not limited t0. violating Sunshine Lays, conflict of intee~est, dereliction of cheties, lack of attantlaneq disruptive behavior, ntc. Juan cause does not include disaegrmam~el will! council or ageeecy deciswns or policy. MEMORY TRANSMISSION REPORT TINE :03-16-'09 10:49 FAX N0.1 :7722232608 NAME :SFWMD MSL SC FILB N0. 063 DATE 03.16 10:48 TO : B 915636825011 DOCUMENT PAGES 4 START TIME 03.16 10:48 END TIMB 03.16 10:49 PAGES SEND 4 STATUS OR *** SUCCESSFUL TX NOTICE *** -• : `T~~G . Dwfae Bea~tas.sfrer 2A ZOtt6 ~~' ~.. -. Tee toaonwe.er.e >itsver M=ae~sneaat CoprMire4us Couacia ~~.~ 1-soms 1<iGeeriq IlRmttq. Ceeaerd! lldeewbor Sae 8os-fsii.ee.e.less 18aeeriewtatedetisw to We Coggei! Fire Rrilovvins are r+.aoassraewdntloser to the L.ZSiKCC tbs- tsnps,ovtlof aoeenoll bu.ireopas, snoeUwse enQ dsliasd by ~ M iatetsgeof M^o~e,,.a,~~~ ~r ~ f. hs meee tlae raaooroHOe and~rt~iw oousWtl~eia~ sfVep tlewitad ieiOYNQM +M~f1Q1~ ~-_y ~~~ wtlff e~OtlVI~MI AYtt7e ' 'l lae.r. reromiweendasiowe are narfetRy tbo.e alaw feadividesaf saeraber and sue not as a sdeoogsaesadwtioss lfeetn the flBWMD or Glavessalart ~o.s+d. TAe .Lws.iarMlSae 7tlwr Menapseant r,:.eerdiaaHwf Ceaswi! rwe~a. a. "ooord:rewtloa eeweadl•' and advlsogr fseapr eo sfee f!-L1SP and ~leWlbfD rD aeisis...w t11. s aet loth fry ties Ciove~rer e*rd r:.abirert over swwo~re-!iw yws7~ aSCr (fie.olutlosa Jsnasiary 3 Y~ :qss>- 77rae hosts aro a. abllorws: • i~iY.~irwr ..ems rarrvaa rJN ih..rbasr.moissaesar lwrrsrlos. lens dbe rlwr_ 8 fe tfefr arrawber"e oylsaiore Heat the Cootdfarelwt Ooermii wlp Cse meat ef!®oelve lss rrabi.w.fa,q 1haM lowetr fCasmh asmaabar laws a oiarr undae.daAfai oPtie Couneii's neta.~fties and taew eeeh saaawfaar sw.Nrifrestee so tlaa eelteatlw soup To aoao®RWh miR afee u anurt Save s pfasey fe.etee tba W1W a.sd Ho~.ie ~.ear~alae0atree ltivsr Ma.masat Pea.. ~TL. Plan war devrlopad m m+•t sha reawents a~tba wild aed ssor•fe Rlvwr feuc sreoat /sepaeswsl~ . a. w Hssid.noe deoeemeses the vad ysnotw se aatree tM sBafe Natrd abew. v~vl~ a aro~.w~ta ltiw:-~.~ ~i~ta~... i »mLoa w~lowud chat ~Jo'~mRin.r A?a s Pfaw efwnld deffwe fbe Caosrra /•. ferbefttee. ~1sl.r. awe tasice awe evaiwte peeve.. mwese t~~ rl.n ~i wlfii ba c~omiwolP~r ^>i~oalcm ~ wot~fomws ~ ~i ie~ ~ °~` Prfewciee. etfisatl+-s.. s4aO.~w, saeier. auad awotatee. • 8valertien lra+r~eera aelrt vo to ila-~- 1. Adhere t!e 1Cbbert'r 1Qt1al.Ir af; rPwaar. The L.1Clva6C f3ylsiwe afase t/Gs J~'wnll~...,.nsy.lnt~wirlp~ qq/f'rwr caa.reoll:Iwtl Aa J~a6.rt ~r JE'slai q/CArYfa, fYHw~ eaRfifw" ~+Deoweil sybcws Astioie XVi;7. swore P~ of Dotes • 7sae ch.1r afwl e+~oo~oid or "ar.iHre' sloe door 1rr a+eaol~ Hrese ...e...wrr vviw wisR m rpaaic fqr as/llsfs tMafa b:Y aaasrae iss oedrr. Measa6ara eaafl aadC paiwfretvaa o? tla~s Chair eo brave Hse float. • MemLwse shall oenllsse tfaelr db,oawion b the asotloe ar uvp[e ew the !loor_