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HomeMy WebLinkAboutAgreement_Interlocal_10/01/1993_Comp Plan Amendment10!261'2007 00:40 5614344513 CLEARINHOUSE PAGE 01i'35 COMPBERENSIVE FLA1~1 AMENDMENT CQORDINATED REVIEN INTERLDCAL AGREEMENT This znterlocal Agreement, dated the 1st day of octaber, 1993, entered into by and among the various parties executing this Agreement, each one constituting a public agency as defined in Part I of Chapter 153, Florida Statutes; W I T N E S S E T H; WHEREAS, Qart z of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlacal agreements with each other to jointly exercise any polder. prXVilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Fart II of Chapter 163, Florida Statutes, requires the coordination of local comprehensive plans with the comprehensive plans of adjacent local governments and the plans of school boards and other units of local government providing services but not having regulatory authority over the use of land; and WIiEREAS, the participants to this Agreement desire to establish an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fu11y utilizes the existing Chapter 163 Comprehensive planning process with minimal bureaucracy and expense fior the participants; and WHEREAS, partiaigation in this program shall not diminish any existing local government's or service provider's process ox power; and WHEREAS, the participants desire to enter into this Agreement MAY-18-2~~9 ~9:14PM FA~:5614344513 ID: PAGE:~~1 R=95% 1012bf2~0~ 0k~:4~ 5614344513 CLEARINHOUSE PAGE ~2l35 to px~avide countywide coordination in the comprehensive plan amendment process. NQW, THRRRFDRB, in consideration of the mutual cover-ax~ts contained herein, it i,s mutually agreed and understood, by and amarg the undersigned agencies that now ox~ may hereafter execute this Agreement, as follows: ARTICLE I. TITLR This Agreement shah. be ~nawn and may be cited as the "Comprehensive Flan Amendment Coo~'dinate.d Review Tnterlacal Agreement}~ . ARTICLE II. FIIRFU:9E The purpose of this Agreement is to establish a countywide Campx-ek~ensive Plan Amendment Coorda~nated Review Process. This process is designed to provide coordination of ~rroposed Plan amendments, cooperation between affected local governments and serv~.ce providers, and opportunities to resolve potential disputes only within the Plan Amendment Process with the Least amount of infringement upon existing pracessos, without undue processing delays and without the necessity of significant staffing or consultant costs. Specifically, the Comprehensive Plan Amendment Coordinated ~teview Process wi11 accomplish the fallowing: A« Proposed Plan Amendments shall have suffxcYenz distribution and dissemination to insure that initial. transmittal and final approval will not occur without adequate notice to local governmec~ts and service providers who may be adversely affected by the action. 2 MAY-18-2~~9 ~9:14PM FAX:5614344513 IQ: PAGE:~~2 R=95% 1012612007 00:40 5614344513 ~LEARINHOLJSE PAGE 03135 8. An avenue far discussian and evaluation of the prapased Plan amendments is created s4 that the governing body is aware of ab~ec~tions, the basis for them, and the reasonableness of the olajectian. ~. A,z~ opportunity is created far conflict resolution of an item which,lf approved, may result in a potential problem far another local government ox` service provide'. D. The Comprehensive P~.an Amendment Coordinated ~teview' Process does not diminish or transfer existing authority with respect to planning and im~slementation decisions of the participar-ts . ~iRTICL}3 III. DEFINITIONS The fallowing defin~.tions shall apply to this Agreement: "A,at" means Part I of Ck~apter 163, Florida Statutes. "Agreem,ent" means this Znter].ocal Agreement, including any amendments ar supplements hereto, executed and delivered in accordance with the terms hereof. "Clearxnghause" means the agency that provides the logistic support services for the Comprehensive Plan Amendment Cao]:dinated Re~riew Frocess. "COmpreheasa,ve Plan" means the plan adapted by a, local government pux'suant to Chapter 163, Part Il, Florida Statutes, meeting the requiremants of Chapter 163, Part IT, Florida Statutes and its implementing rules. °CoafliCt ~esalution, Panel" means a subr~raup of the InteXlacal Flan Amendment Review Committee. 3 MAY-18-E0~9 ~9:14Ph1 FA:5614344513 ID: PAGE:003 R='~5~ 101261'2007 00:40 5614344513 GLEARINHOUSE PAGE 041'35 "Days" means calendar clays . "E~eauta.ve Committee" means the representative body of the local governments and service providers responsible for the oversight and adminXStratXan of this Agreement. "Feat-~fadi.nq P$nel" means a subgroup of the ~nterlocal Pla~- Amendment Review Committee. "Goveraiag Sady" means the board of county commissioners of a county, the commission or council of an incorporated municipality, the Falm Beach County School ward, the Governing Board of the South Florida Water Ma~xagement bistrict, ar the governing body of a special district. "Interiacal plea Amendmea~k Review Committee" means the body comprised of full-time planrning directors nr other similar position, from any local gavern~nent participant. This group is changed with the major technical role ix~ the Comprehensive Plan Amar~drnent Caax-dinatad Review Praeess. "LOOai Goveramen,t" means the incorporated cities, villages and towns within Palm Beach County and the County of Palm Beach. ",Participa~.ts" means tk~ose local governments and service providers who have entered into the Comprehensive Plan Amendment Coordinated Review Fracess through this Agreement and have paid the annual participation fee as requixed in this Agreement. "P1an 14mendmeat" means any change or rnadification to an adopted comprehensive plan that is considered a comprehensive plan amendment pursuant to Chapter 163, Part II, Florida Statutes, or its implementing rules. 4 MAY-18-2009 09:15PM FAX:5614344513 Id: PAGE:~~4 R=96% 10f26f2007 00:40 5614344513 r•LEARINHOUSE PAGE 05r35 "Ser'~-ioe Providers" means the Palm aeach County Schao~, Board, the South Florida Water Management District, and a~.1 independent special. districts 1©ca,ted in whale ~sr ix~ part in Pal~- Heath County which provide se~`vicee required to be addressed in comprehensive p~.ans by Chapter ~,~3, Part Iz, Florida statutes. ARTICLE IV. PARTICTP~iTION. Sect' ~.. All laca], governments and service providers located ix~ ~rhole ar ix~ part in Palm Beach County are eligible to participate in this Agreement. Dn],y the parties who execute thXs Agreement axtd who have paid tk~eir annual participation fee are cons~.dered participants under this Agreement. Anx local government or service provider who xs not a participant b~ October 1, 1993, znay become a participant upon execution of a unilateral Partfcipatian Agreement, in such form as the agreement attached hereto as Bxhibit "p,". Secti_cn ?, Fart'ci ant Ge eral Obl' atians A. All participants shah be obliged to paX an annual paxticipatior~ fee. (1) ~'he initial participation fee shall be $500.DD per participanf._ This fee shall cover participation from October 1, 1993 to September 30, 1994 and shall be due and payable by October 31, 7.993. (2) The participation fee shall be $~00.DO per year for each subsequent year, unless this amount is m,odif ied as authari~ed in Art~,cle V, Section 2 F. No modification shall increase the fee by more than 5 MAY-18-2~~9 ~9:15PM FAX:5614344513 ID: PAGE:005 R=95% 16126:'2007 66:40 5614344513 CLEARINHDUSE PAGE 6b135 25~ of the past year's fee amount. The annual participation fee shah. be due and payable by October 1 of each succeeding year. (3) Nan-payment of the fee shall result in the suspension of ~aartici,patian in this Agreement pursuant to Article ~I, Section 7. (4) A fee paid pursuant to this sectxan shall net be returned in full or prorate amount upon a participant's withdrawal from this Agreement. Participants entering into this Agreement after October 1, 1993, or during any period subsequent to September 30 of each year thereafter, shall be ab].iged to remit the entire fee a~tount. B. The lace]. governments employing full time planning directors ax~ other similar positions are required to appoint that person to the Interlace] Flan Amendment ~2eview committee. C. The local governments and service providers who become garta.cipants agree to provide technical assistance requested by a Faot~finding Qanel ar Conflict Resc+lution Fanel established pursuant to t~iis Agreement. ARTICLE V. E][ECU't'ZVE COMMITTEE Section 1_ Creat.io Purpose There shall be created an Executive committee to provide oversight and dix~eatian to the comprehensive Flan Amendment Caordiz~ated Review Process established this Agreement, in accaaCdance with and pursuant to the duties and responsibi~.ities 6 MAY-18-2~~9 ~9:15PM FA:5614344513 ID: PACE:@6 R=95% 10126!2007 00:40 5614344513 C~EARINHOUSE PAGE 07135 expressed herein. Sectiar~ 2 D ties and Pawer_s The Executive Committee shall have the following duties, powers and responsibi~.ities: A. prepare an annum budget. a. Overrsee the collection and expenditure of funds. C. Prepare an annual repox't to the participants detailing the activities and results from the comprehensive plan amendments processed pursuant to tk~is Agreement. D. Oversee the operations of the various panels, committees, and the Clearinghouse established pursuant to this Agreement. E. Mahe recarnmendations to the participants on ways to improve tkae coordination process. E. Modify the annual, participati.ori fee in accordance with this Agreement. G. By ma,~ority vote of the entire membership of the Committee, modify the time frames set forth in Article VIII. N. Propose amendments t4 this Agreement pursuant to Article XI, section 4. I. select the Clearinghouse frominterested participants. Na enumeration of duties, powers, and xesponsibi~lities herein shall be deemed exclusive or restrictive, but skull be deemed to 7 MAY-18-2009 09:15PM FA:5614344513 ID: PAGE:OO7 R=95% 1012612007 00:40 5614344513 CLEARINHOUSE PAGE 08135 incorporate all implied powers necessary or incident to carrying Out the purposes of this Agreement. SeCt10 3. embers ' A. The Executive Committee shall consist of nine members, selected from the following five categories in the manner specif ied, and shall meet the following criteria: (i} Four elected municipal officials, selected by the Palm Beach county Municipal League. (2) Two Palm Beach County Commissioners, selected by the Palm Beach County Commission. (3) One member of the Palm Beach County School Board, selected by the Palm Beach County school Board. (4) One member of the South Florida Water Management District Governing Beard, selected by the 5auth Florida Water Management District Governing Boyd. (5} One Special District Representative, who shall reside in Qalm Beach county and represent a District in Palm Beach County, appointed by the Regional Chair of the Florida Association of Special Districts. B. Except for the Special District Representative, all members of the Executive Committee shall be a representative of a participant. Each member shall have one vote an the Committee. C. Each category as set forth in Paragraph A shall be entitled to appoint vne (1) alternate. The alternate from 6 MAY-18-2009 09:16PM FAX:5614344513 ID: PAGE:008 R=95~ 10!'16!2007 00:40 5614344513 CLEARINHOUSE PAGE 09!35 categories 1 - 3 must be an elected official. If no other member of the South Florida Water Management district Governing Beard resides in Palm Beach county, the Executive Direotor or his designee shall be the South Florida Water Management District alternate. The Regional chair of the k'lorida Association of Special Districts shall appoint as tk~e Special Distrrict alternate a person who z~esides in Palm Beach County and represents a district in Palm beach Caut~ty. The alternate may act Xn place of az~y member from the saao,e category. n. In the event there are zoo participants in a designated category set forth in paragraph A, that category steal]. be deemed deleted and all rezuaxning categories shall constitute the Executive committee accordingly, Section 4 Exe utive Committee Action A. The affairs, actions and duties of the E~secutive Committee shall be undertaken at. duly called meetings pursuant to section 9 hereof. B. For any meeting of the Executive Committee at which any official action is to be taken a majority of the cammittee member`s sha~,l canstitute a quorum, and a majority vote o£ the members present sha,~.~, be the act of the Executive Committee. C. A certifioate, resolutiari, or instrument signed by the Chaa.r, Vice-chair or such other designated person of the Committee as may be hereafter selected by the Committee shall be evidence of the action of the Committee. seatio Elect'a o Office s 9 MAY-18-209 ~9:16PM FA:5614344513 ID: PAGE:009 R=95% 16!26!2667 06:46 5614344513 CLEAPINHOUSE PAGE 16135 once a year, and at such other time as may be necessary to fill a vacancy, at a meeting at the Executive Committee called far the purpose thereof, the Committee members shall elect a Chair, a Vice~ahair, and a Secretary-Treasurer to oanduct meetings of the Oommittee and to perform such other functions as hezein provided. Said Chair, Vice-chair and Secretary-Treasurer shall serve one (1) year teams unless they resign sooner pursuant to Section 7 hereof, ctio A thorit of 0 icers A. The Chair and the Vice-chair shall take such action and sign such documents an behalf of the executive Committee and in furtherance of the purposes of this Agreement as shall be approved by resolution of the committee. ~. The Secretary~Treasurer, or his or her designee, shall keep minutes of all meetings, proceedings and acts of the Executive Committee but such minutes need not be verbatim. copies of all minutes of the meetings of the Committee shall be sent by the Secretary-Treasurer, or designee, to all Committee members and to such ether parties as requested. ect'on 7. es' nation ~. Any member may resign from all duties and responsibilities hereunder by giving at least seven (7) days prior wrXtten notice sent to the Chair. Such notice shall state the date said resignation shall take effect and such resignation shall take effect on such date. B. In the event any member shall resign as the representative Qf a participating group such participating group l0 MAY-18-2~~9 ~9:16PM FA:5514344513 ID: PAGE:~1~ R=95% 10126!2007 00:40 5614344513 CLEARINHOLISE PAGE 11!'35 shall appoint a new representative as expeditiously as possible. C. Any member, upon leaving office, shall forthwith turn aver and deliver to the Chair or Vice-chair anY and all records, books, documents, or other property in his or her possession or under his ar her control which belongs to the Executive Go~mmittee and/ox' relates to this Agreement. 5ect'on 8. Liab' it No member of the Executive Committee shall be liable for any action taken pursuant to this Agreement in good faith, or for any omission, except gross negligence, ar for any act of omission or commission by any other member of the Committee. ection Meeti s A. ~'he Executive Committee shall convene at a meeting called by either a znajarity of the members or at the request of the Chair. Meetings shall be conducted at such locations as may be acceptable to the majority of the Committee. The Chair shall set forth the date, time, location and purpose of each meeting and notice thereof, unless otherwise waived, shall be furnished to each member by the Secretary-Treasurer, ar k~~,s or her designee, not less than seve.xa ("~) days prior to the date of such meeting. The chair may d~.rect the Secretary-treasurer to send the prerequisite notice ~'or a~ly meeting of the Committee otherwise called in accordance with the provisions k~ereof . B. During October X993, the duly appointed members of the Committee shall hold an organizational, meeting to elect officers and perform such other duties as sha11 be provided under this 11 MAY-18-209 09:16PM FAX:5614344513 ID: PAGE:011 R=96% 101261007 00:40 5614344513 CLEARINHOUSE P€~GE 12?35 ,agreement. ARTIc~B Yi . INTERI,OCAL PLAr1 AMENUMEN'1' REYIE~Y CQN~ITTEE A. Participant local governments employing full-time planning directors or other simile];' position are required to appoint that person as a member of the z~aterloc~l Plaza Amendment Review Committee. B. The functions of this Gamanittee are as follows: (1) Ta prQVide participants, on a rotating basis, for a Fact-findixag Panel. (2) Ta provide participants, on a rotating basis, fox a Conflict Resolutxdn Panel. (~) Ta call f or teckanical assistance from service providers and other agencies which participate in this coordinati~Qn activit~r. (~) Ta meet, at least quarterly, flax the purposes of adaninistration, consideration of referaCals, reports of subcommittees, general coordination and consultation, and tkxe forwardi.n,g of reports of act~.oras to the participants. C. The Committee shall establish its awn organization and rules of procedure consistent with f.he provisions of tkais Agreement. ARTICLE VII. CLEARiNGHausE ,A. The C1ea,a°inghause skaa~.l be a participant public agency- B. The Clearialghouse steal]. be responsible far: i. The establishmexat of an account into which the iz MAY-18-2~~9 ~9:17PM FAX:5614344513 ID: PAGE:~712 R=96% 10!'2612007 00:40 5614344513 CLEARINHOUSE PAuE 13!35 participation foes required herein shall be de.pos ~,ted . 2, ~]xe depaait and disbursement of fuhds in accordance with genera7.].y accepted accounting standards. 3. Securing and staring all adopted local government campx`ehensive plans, and all amendments thereto. Q , coordinating the comprehensive Flan pmerYdme~"1t Cvox~dinated ~teview Process, as specified xn Arti.cle VIII, Section 3. ,ARTICLE VIII.. CpM'pRERENBTVE PLAN AMENDMENT CpDRpINA'PED REVIEW PROCE~$ Se tian 1. __Local Governm_e t Specifi_o Obligations A. All participant local governments are obligated to do the following: (~.} Inform the Clearinghouse of the notice of plan amendments proposed by other participants that it desires to rece i've . (~) Designate to the Cleaara,nghouse the position or indiv~,dual who caa~ file a written notice of intent to object and a £o~:mai objection. (3) Inform the C~.earinghouse whether a formal governing body action is required prior to filing a written abjection. (4) Provide the Clearinghouse with a full copy of the local gaverx~merit"s adapted Camprelaensive Plan within tkaxrty (30) days of the effective date of this Agreement. If a ~,ocal government becomes a participant after pctaber 1, 13 1993, the MAY-18-E~09 ~9:17PM FA?C:5614344513 ID: PACE:~13 R=96% 1012612007 00:40 5614344513 CLEARINHO~SE PAGE 14135 participant shall provide the clearinghouse with a full copy ^f its adopted Comprehensive Plan within thirty (30) days of the effective date of the Participation Agreement. 8. vmen processing a proposed plan amendment to its own Comprehensive Plan, the local government shall do the following: (1) Submit all proposed plan amenamen~ avGUm~ii4~ required by Section 3 A. to the Clearinghouse at least thirty (30) days prior to the local government's transmittal hearing. (2) Meet with any objectors at least one time prior to the transmittal hearing on the proposed plan amendment. (3) Participate in fact-finding as described in Section 3. (4) znclude in the proposed plan amendment transmittal to the Department of Community Affairs, or within five {5) days of receipt if received after transmittal, all written notices of intent to abject and written objections received pursuant to section 3, the status of that objection, a fact- finding report prepared pursuant to Section 3, and any report from a Conflict Resolution Panel prepared pursuant to Section 3. (5) Consider participating in any Conflict Resolution Panel requested by an objector. The local government initiating the proposed plan amendment X4 MAY-1$-2~~9 ~9:17PM FAX:5614344513 IQ: PAGE:~14 R=95% 112612667 0:40 5614344513 CLEARINHOUSE PAGE 15135 is under no obligation to participate in the Conflict Resolution Panel process. (6) Far all proposed plan amendments, pravlae one Clearinghouse with a copy of the full proposed plan amendment; all background materials, including the supporting data and analysis; the objections, recommendation and comments report prepared by the Department of Community Affairs for the amendment upon its receipt; the response to the objection, recommendation and comment report prepared by the local government; and, if adapted, the amendment to the local government's comprehensive plan; the notice of intent issued by the Department at Community Affairs; and any final ordexs or compliance agreements dealing with the amendment. (7) When it becomes available, provide the Clearing- house with a revised copy of the local government's Comprehensive Flan including all amendments. C. If the local government desires to object to another local government's proposed plan amendment, the objecting local government shall do the fallowing. (1) Submit a written notice of intent to object to the Clearinghouse and the local government initiating the proposed plan amendment pursuant to Section 3. (2) Meet with the local government transmitting the proposed plan amendment at least one time prior to 15 MRY-18-209 ~9:17PM FR:5614344513 ID: PRGE:~15 R=96% 1012612007 00:40 5614344513 CLEARINHOUSE PAGE 16135 that local government"s transmittal hearing. (3) File a written abjection with the Clearinghouse pursuant to Section 3. (4) Participate in fact-finding as described in Section 3 if the local government files a written objection. (5) Consider participating in any Conflict Resolution Panel requested by the initiating local government ar other obaector. An objector is under na obligation to participate in the Conflict Resolution Fane1 process. (6) zf the abjection is to be withdrawn, file a written notice withdrawing the objection with the Clearinghouse and the local government proposing the plan amendment. Sectia 2. All Ot~ex' partici~a~ts Snecif~c Obliq tom' ons ,A,11 participants who are not local governments must Comply with the requirements of Article VIII, Section 1 A. (~)- (~), and (3) . A non-~i~soal government desiring to abject to a proposed Plan amendment k~as the s~.xne obligations as an vb~ecting laca~. government detailed in Artic~.e VIII, Section 1 G. Section.._3_ Plan Amendment Rev'ew Praceas A. A plan amendment is prepared pursuant to policies and procedures of they initiating local government. ,At least thirty (30) days pri4x` to the governing body"s transmittal hearing, an Executive Summary along with a copy of the proposed plan amendment and supporting material, ar~d the date, time, and p1~,ce of the ~, 6 MAY-18-E009 09:17PM FA:5614344513 ID: PAGE:016 R=95% CLEARINHOUSE PAGE 17135 1012612007 00:40 5614344513 transmittal hearing, shall be furnished to the Ciearingho~se. g, Within five (5) days, the clearinghouse shall distribute the Executive Summary and hearing information to the participants in the Agreement who have requested copies of the initiating local government's amendments. e. A written notice of intent to abject may be filed by any participant. (1) A written notice of intent to object must be filed na later than fifteen (l5} days before the transmittal hearing. (~) Zf a proposed plan amendment is substantially modified between the submittal to the Clearinghouses and the transmittal of the amendment, a written notice of intent t4 object may be filed within ten (10) days of transmittal. ~. The Clearinghouse shall immediately notify the initiating local government of all written notices o£ intent to abject received by the clearinghouse. E. The initiating local government shall meet with all objectors prior to the transmittal hearing unless the written native of intent to abject was filed pursuant to gectian 3 C.{2) above. in that instance, the parties shall meet within fifteen (15) days of the submittal Q£ the written notice a£ intent to object to the Clearinghouse. ~. Na later than fifteen (l5y days after transmittal of the proposed plan amendment, a participant who filed a written native o£ intent to abject prior to transmittal may file a written abjection to the proposed plan amendment with the clearinghouse. 17 MAY-18-209 09:18PM FAX:5614344513 ID: PAGE:~17 R=95% 1F~126!2007 00:4© 561434513 CLEARINHOUSE PAGE 18;'35 If a written native of intent to abject was filed afte.z~ transmittal pursuant to Section 3 G. (2) above, a written objection may be filed by that participant no later than thirty (30) days after the filing of the written nati,ce of intent to object. G. Upon receipt of a written abjection, the Cleari~nghause shall notify the initiating local government and the Interl.ocal Plan Amendment review Committee of the written object~,on and transmit a copy of the abjection to the initiating local government and the Interlocal Plan Amendment Review committee. H. The Znter],ocal Plan Arnendanent Review Gamznittee shall convene a Fact-finding 1~anel within ten (1a) days of receipt of the written objection. The Fact-finding Panel shal]. review the objection pursuant to Arti.ale ZX and sha11 issue its opinion letter no later than twenty (zoj days after the submittal of the written objection to tk~e Clearinghouse. T. After the Fact-finding Panel issues its opinion letter, a~xy party (tk~e initiating local government and any participant abjecta~r) to the fact-finding may request conflict resal.ution pursuant to ,article X. The request shah. be submitted in writing to the Clearinghouse no later than tez~ (lo) days after transmittal of the Department of Community Affairs Objection, Recommendation and Comments Report. The Clearinghouse sha11 immediately notify the other parties of this request. Within ten (10) days of receipt of notification from the Clearinghouse, the other parties shall notify the Clearinghouse of their decision on whether ar not to ag7ree to conflict Xesolutian. If the initiating local government 1.8 I"IAY-18-209 09:18PM FA:5614344513 ID: PAGE:018 R=96% 10f26f2007 00:4 5614844513 CLEARINHUUSE PAGE 19f85 and any objector agree to conflict resolution, the Clearinghouse shall notify the xnterlocal Plan Amendment Review Committee, which shall convene the appropriate Conflict Resblutibri Qanel pursuant tb Article x. Section 4. Modification bf Txme~Frames By majority vote of the entire membership of the Executive Committee, the Executive Committee may modify the time-frames set forth far any activity as specified in Article VIII. ,ARTICLE IX. FACT~FINDING PANEL A. The three person fact-finding panel sha11 consist of members of the Interlocal Plan Amendment Review Coxn1mittee. The Chair shall be selected by the panel. ~. The Clearinghouse shall provide the panel with the following information prior to the meeting: (1} that portion of the Plan Amendment which is under consideration; and (2) the written objection. C. The Chair sha11 arrange for testimony and technical assistance from participants as is appropriate. D. At the meeting, only the initiating local government, the participant ab3ector, propertX owner far a site specific plan amendment, and anX participant who has been requested to provide technical assistance shall be allowed to present testimony. The initiating local government sha11 present the item being objected to, the reason fQx the proposed amendment, and its supporting data, analysis, and documentation. This presentation may be supplemented 19 MAY-18-2089 09:18PM FAX:5614344513 ID: PAGE:019 R=96% 10126!2007 00:40 5614344513 CLEARINHOUSE PAGE 20135 by the affected property owner. The objecting paxty(ies) shall make a presentation an the basis for its objection. Technical assistance testirnany as requested by the Chair may be presented at any time. The panel may ask questions, The Chair shall close discussion with the participants and thereafter confine discussion to panel members. E. The panel shad specifically identify each objection and shad issue an Qpinion letter including, but not Yimited to, the following on each objection which is flied: (1) The abjection appears to be one of miscommunication and that it appears to be resolved. {2) There xs insufficient data and analysis upon which to support either the amendment or the Objection or both. (3) Sufficient data and analysis has been provided and a conflict appears to exist. The conflict should be resolved either: (a) through the normal Department of Community Affairs review process; ar (b) in a conflict resolution (arum such as provided in Article X, mediating services of the Treasure coast Regional Planning Council, or other mediation forum. F. Within two (2) working days, the Chair shall fay an opinion letter to the involved parties. If warranted, a minority opinion may be prepared by other members of the panel and provided as MAY-18-2009 09:18PM FA:5614344513 ID: PAGE:020 R=96~ 10126120x7 00:40 5614344513 CLEARINHDUSE PAGE 21!35 concurrently with the Chair's opinion letter. A1~TICLB S. CONFLICT RESOLUTION PAMEL A. mhe conflict ~esolutidn Panel sha11 consist of three members when performx~g facilitation services or five members when performing mediatXon services. the pahel shill be composed of individuals who are members of the Interlocal Plan Amendment review Cozumittee. The Chair shall be selected by the panel. B. The Chair sha11 azrange for testimony and technical assistance from participants as is appropriate. mestimony shall be provided only through participants who are parties to the objection unless technical assistance testimony has been requested by the Chair_ C. Two types of service may be provided. These are: (1) Facilitation a. A facilitation panel shall consist of three members. When the facilitation panel convenes to review the objection, it shall seek to have the parties reach a mutually agreeable position on the proposed amendment and the objection to lt. b. The facilitation panel shall declare when its work has been finished or an impasse has been reached. At that time, the Chair shall write a letter documenting the meetings which were held, the evidence and testimony received, points of agreement, and points of z1 MAY-18-2009 09:19PM FAX:5614344513 ID: PAGE:021 R=96% CLEARINHOUSE PAGE 22!35 10{26{2007 00:40 5614344513 disagreement. The letter shall be transmitted to participating parties and the Department of Community Affairs. (2) Mediation a. A mediation panel shall Consist of five members, In addition to functioning a,s a facilitation panel, the mediation panel shall provide a statement recommending a method t~f resolving any remaining paints of disagreement. If there is not unanimous consent among panel members, a minority opinion may be issued. It shal7~ accompany the m,ajori,ty posXtion. b. As with tk7.e facilitation panel, the cha>~ar shall write a letter dacumenta.ng the meetings which were held, the evidence and testimony received, points of agreement, points of d,~,sagreement, and recommendation. The letter and any minority apinion shall be transmitted to participating parties ~,nd the Department of Community Affairs. AR'T'ICLE gT . g~BCELLANEQIIt~ Section_ i Delegation of Duty Nothing captained herein shall be deemed to authorize the delegation of the constitutional oar statutory duties of the state, county, oar city officers. ~7_ MAY-18-P009 09:19PM FAX:5614344513 ID: PAGE:022 R=95~ 10126!2007 00:40 5614344513 CLEr~RINHOUSE PAuE 23135 Section 2. Pilina A copy of tka],s Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Ccr~i- ~ on 3 Limited Liability No paacticipant skull in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Executive Committee. The Executive Committee members have n4 authority ar power to obligate the participants ia~ ahy manner. Section 4. Arnenciments This Agreement may be amended in writing at any time by the concurrence of a two-thirds vote of the entire membership of the Executive Committee and subsequent rat ificatian by all df the participants in this Agreement and any Participation Agreement. T~~+ i nn ~ Cc~ntroll.~na Law This Agreement sha~.~. be construed by and governed by the laws of the State of Florida- Section G Ef~eGti-ve Date/Term mhis Agreement shall be effective on October ~., 1993, and shall continue a~n full farce and effect unless a17. the participants witk~dxaw xn accordance with Section 7. Sect ion 7 . W. _ithd~awa~ Any partica.p$nt may withdraw as a party to this Agreement after October 1, 1994, upon sixty (50) clays written notice to the Chair of the Executive Committee. Any participation fees paid will net be returned and the participant wi11 cease activities in the 23 MAY-18-2009 ~9:19PM FA:5614344513 ID: PAGE:~23 R=95f 10126!2007 00:40 5614344513 CLEARINHOUSE PAGE 24135 program outlined in this Agreement. Suspensicn of participation fn this Agreement will occur upon the nonpayment of the fee prescribed herein oz~fox the nonperformance of any of the terms and conditions of this Agreement by any participant. The suspension wXll be effective thirty (3 U) days after date of natice fraz~ the Clearinghouse that noncompliance has occurred. Any participant receiving such natice shall have an opportunity to cure its nvncQmpliance ix~ a reasaz~able time. Upon complfar,ce, the participant shall be notified by the C~,eax'inghouse of its reinstatement as ~, participant. ZN w1TNES5 WHEREOF, this Agreement has been executed by the participants as of the date and year indicated above. Sy: _~ -~. ~ City ler~. CTTX OP ATLANTIS 7/! ~ ,'Cly.e F. Farmer, Mayor AT' Sy ATT By: *BELLE GLAA~ Bill Bailey, Mayor ~YVC•thir~g in txaa.s agreement will a prize the de~.egation of any ~xaica.pa7, le sla•tizre authority. 24 MAY-18-2~~9 ~9:19PM FAX:5614344513 IQ: PAGE:~E4 R=95% 10/26f2007 00:40 ATTEST: 5614344513 By : L~'~ t~'~a-v ~ ~ f City Clerk (~~~, 1 ATTEST: F Hy: Town C l e ~~,~ ~ e m~ SST ~~ h Tawas Cle ATT85I' CLEARINHOUSE PAGE 25135 CITY ~~' BOY`N'~'ON BEACH ~ ~ , E. E~'. Harmenincy; ayo]r TOWN OF $RINY BREEZES N~/~+ "' ~'~~ ELI... ~_ ~~ ~ ~ By: ~ ~ - H gh avid, Mayorr Town a~ cLOUn T.AK~ By: 1~dk~s ~2. R nalds, ITI, G4uncil Ckx~,j.~nax1 CITY aF DET~RAX BFACH ;~ City Clerk mas E. ch, Mayox"- ATTESTS VIZ,~AGE OF GOZ.F V'~].l,age Clerk Danal.d H. Gustafson, Mayor ATTEST: CITY a~ GREENACRES By • 4-'~! Hy' M City Clerk Ferrari, Mayo` 2S MAY-18-2@@9 @9:2@PM FAX:561~344513 IQ: PAGE:@25 R=95% 10126!2007 00:40 5614344513 CLEARINHDUSE PAGE 26135 ATTEST: By: aw lefk ATTEST: By ATTEST: Town Glerk ATTEST: By = fd Town Clerk ATTEST: TOWN OF GTTLF STREAM ~~ By: illiam Koch, Jr., Mayor TOWN ^k' HIGHLAND BEACH ~--~ ~ ~ gY ~ ~~ ~'~ a~~~ ~~ Arl n Voress, Mayor TO'R'N' OF FT'ltPOL[7K0 Hy: Al erion, Mayor TOWN Off' ~TUNO BEACH ~TJ _ g By: ~~ Fx`ank GJ`. Harris , Mayer 'I'QWN OF ~DPITER ~. By: { ~y: To~bn Gle~r ~~~ Kareri Gc n , y r ATTEST: TOWN QF JUk'1'~ER INLET COLONY gy . By ; CHASE NO'S' ~ ~AR~'7GI~Pl-1'z'E AT THIS TIME Town Clerk Nicholas F, Porto, Mayor 25 MAY-18-2009 09:20PM FAX:5614344513 ID: PAGE:026 R=95~ 101261'2007 00:40 5614544513 CLEARINHUUSE PAGE 27135 ATTEST: ~ 'TOWN OF J,,A,KE CLARKE SHORES Town I ~rlt, Grego W asey, May ATTEST: CITY OF LAKE WORTH ~} (S FAQ, By: ~, ` y: tiara, A. k'or / R ne omant~, 1Kayo~'-,~ . f ~` Clear] f - ~ ~ ., DATE :.. _ ATTEST: - - Town Clerk TOWN OF LANTANA ~"~ . ~~: -- fiobert McDonald, ,Mayor ATTEST : ~,'pWN O F N~ANALAFAI~ Ckaaar~~s H. F 'e m, - G, dent Sho]Ctz, M. D. , Mayor Town G1ark '.- ATTEST. r By:~ Tvwn C:.lerk TOWN OF' GONZA P yy~~,, By: //1 ale M. English, ayor ATT~~' : - .~ ~ 1 TOWN OF Q AN RZD ~ r .~_~,. Ey : ~tid~G Daniel •7= D Cannel]., Ma .r ~` 27 MAY-18-2~~9 ~9:2~PM FAX:5614344513 ID: PAGE:~27 R=96% 1612612007 60:40 ATTEST: 5614344513 B~ : V1.r s.ty-- Clerk CLEARINHOUSE CITx a~ PAHOKEE PAGE 28!'35 .,,r;. ? 8y : --- Ra an Horta, x., M Qr ATTEST : TOWN OF PAL'NI BEACH ~ H tom. / ...---B~; ~ To Cle M -Wil~.iam Weinbur , Tdwt1 CouztC].~. ~Pres dept DATE: AT'Z'EST f~OROTHY H. WILISEN, Clerk BY ~ !~~~ -~--~ Clerk APPROVED AS TO FORM ,~,ND LEGA SUFF C NCY By. County tttrrney ATTEST: PALM BRACH COUNTY BOARD Off' COUNTY CpY SS IOI+TEI2S By: Mar , NtcCa y, hair CI2 B By: C ty C erk 28 ~~ ~~ `~~ti~,.aw~ne~c 'e,,'8~.a ~~ ~~~ ~~f w-~~ e e 0.lJ* ~ `t~~,~ " MAY-18-209 ~9:2~PM FAX:5614344513 ID: PAGE:~28 R=95~ 10126rF200? 00:40 5614344513 C~EARINHOUSE PAGE 29/35 ,A,TTEST TOWN bF PALM BEACH SHbRES Town Clerk Thomas ek~ilcote, Mayor --- EXECUTED on by authority of the vi.].lage Cauzacil as provided' xrf Reso7, tion R93-19. ATTEST: VILLAGE CDUNCIL OF TIE VIx,,I„A,GE Ok' PALM SPR zren,e L. BurrougY}~; Richard ~i . Jet a yox` Vi.I.lage Clerk ((~~ (SEAL) A~" By AT Hy ATTEST: CITY O Ft~VIERA BE r ~^ r By : Gam- ~ -~'~-f -~ Clara K. Williams Mayor, Gity of Riviera Beaok~ VILLAGE CAF RbYAL PALM BE~,,CH sy: Ton Mks` otti, ayor CITY OF SOUTH BAY By : ~BY ' y Clerk By: 29 MAY-18-P~~9 ~9:R0PM FAX:5614344513 IQ: PAGE:029 R=95% 10!26!2007 00:40 5614344513 ~LEARINHOUSE PAGE 30!35 AT'Z'ES'Y': TQ1aN aF oUTH PALM REACH c~w~~.e;rk Mang M. R bents, Mayor A'~'~'FST liy :C~ - .: ~ _ - _ .1 T6~ran..~Clerk ATTEBT« SY : ~'2.t.{~ fines Hayhur City Clerk viLr1AC~ ~~ TEQi,JEST,A. By «~G., ~ ~'I~Gt~U Ron T. Mackail, Mayor CZ"X'X bF T ~,A,~,NI ~~,A,,C~I Sy: Nancy G sham, Mayor (ZNTENTIONALLX LEFT BLANK) 30 MAY-18-209 09:21PM FA:5614344513 ID: PAGE:030 R=95~ 10!26{2007 00:40 5614344513 CLEARINHOUSE Pr~GE 31{'35 ATTEST : 80CA BATON AIRPOR'T' AU~'HOTrtZ'I'X e ge W. Blank, Cha rman r' A,'Z"~'EST: By: ti111iam G. 'nters, Secretary LA,IiE WQRTH DRAINAGE D~STRTCT Y . 'Wh~.twa President APPROVED AS TO FORM AND LEGAL SUFFICIEtdCY' .'`, aY ~ -- - "~ Per tQx'z~ey for Lake ~ t rainage District `~~ R Dent, Executive Director ATTEST: 1~ Ga M. Englis , General Nanag r d:\gengovt\dn-d\suggtxt.mep LOXAHATCREE RIVER ENVIRONMEIdTA~ CONTROL DISTRTGT By: ' George G. Gentile, chairman SOiJTH INDZ,A~T WATER CONTROI~ DISTRICT BY= h~ as H. Powel President or: 31 avYd ,~, £#e n ,~' Vice-President MAY-18-2009 09:21PM FA:5614344513 IQ: PAGE:031 R=96~ 1126/2007 0Q: 40 5614344513 CLE~`RINHOUSE PAGE 32135 ATTEST; By: Pete Piznentcl, District Secretary APPROVED AS TO EO~tM AN EGAL {FT ~NCY Sv; Ken Edwards, T.,egal Counsel --_ ATTEST; $y. ~ - --.....C~+1.,r..r~--., ~ c Monica Ulalhorn, SupcrintcndrnC NO~tTHEI~N PALM BEAC COUNTY OVATE CON'TRaL DDS C 8y: W~lli.atxa ~erslalce, resiclcnt SCliipQL BOARD Q>r ~'A~.1V,[ BEACH Ct~trNTY ,,.,A~ By: ~ ail Bjork, airman ( TN'PFNT~ON.A,J~UY LEFT ~LI1NK) ~2 MAY-18-2139 ~9:21PM FAX:5614344513 ID: PAGE:~32 R=96% 10J26~2007 00:40 ATTEST: 5614344513 VVi)liarn H. Thrasl]cr, District Director CLEARINHaUSE PAGE 33!35 I,O~AI3ATCIIE~ GROVES WATER CONTRUL DISTRICT ..__.., ...__. .,: .___. Mcredi Fox, Cha.ir~xxaax of the Board of SuFexvisors (INTENTIONr~'1LI,Y' LET~'T ~I,ANK) 33 MAY-18-209 ~9:21PM FAX:5614344513 ICS: PAGE:033 R=95% 16/261207 0F~:40 5614344513 CLEARINHOUSE PAGE 34!35 PARTICIPA~'ION AGREEMENT THIS .AGREEMENT dated this ~ day of 1993, entered into by and among a (local govexra~eat or se~v3~e provl,der ) ----- k~,ereinafter "New k~articipant", and the various partzes executing the Interlacal Agreement dated October 1, 1993, hereinafter "Maste]~ Agreement"; W I T N E 8 8 E T H; WHEREAS, an intergovern~-ental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive plax~nxzag process with minimal bureaucracy and expense for laoal governments and service px~ovxders has been established as evidenced by that certain Interlocal Agreement dated October ~., 1993; and WHEREAS, _ desires tb become a participant under said agreement; and WHEREAS, pursuant to Article IV, Section 1 of the Master Agreement, participation is authoarized upon the execution of this unilateral Participation Agreement. NOiP, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and un~dexstood by and among the undez~signed New Part~,cipant and the participants ix~ the Master Agreement as follows: 1. Upon execution df this Agreement and upon payment of the annual participation fee prescribed ].1~ Ax'tic].e ZV, Section 2 of the Master Agreement, New Participant will became a partxci.pant in the E~HI~IT ,~A„ MAY-18-2~~9 ~9:E1PM FAX:5614344513 ID: PAGE:~34 R=96% 10/26f2007 00:40 5614344513 CLEARINHOUSE PAGE 35135 Master Agreement retarded in the Cfficxal Records at Book No.~, Page _...- 2. The Netnr Participant shall enjolr all the privileges of, and shall be bound by all the terms and conditions oi', the Masten Agreement. ~. The participants in the Master Agreement agree to the inclusion of New Participant fn accordance with Article TV, Section 1 of the Master Agreement as it is ac]~n,Qwledged that the inclusion df an additional participant furthers the intent and spix~xt of tha Master Agreement and the ultimate goal of providing planning coordination among all local, governments and serv~,ce providers. 4. A copy of this Fartici,pation Agreement shall be filed with the clerk of the Court in and far Palm Beach county and with the ClearinghQUSe. 5. This Participation Agreement shall kae effective upon execution and filing pursuant to paragraph 4 and sha11 continue in full a~orce and effect unless New Member withdra~rs pursuant to Article ~I, Sectiah 7 of the Master Agreement. III WITNESS WHEREQF, this Agreement has been executed lay as of the date az~d year indicated below. By: Its: Date: ~:\gengovt\dmd\pax'tieip.agt MAY-18-209 09:22PM FA:5614344513 ID: PAGE:~35 R=95%