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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
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*** SUCCESSFUL TX NOTICE ***
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sdeoogsaesadwtioss lfeetn the flBWMD or Glavessalart ~o.s+d.
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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_