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HomeMy WebLinkAboutDocumentation_Regular_Tab 8J_7/22/1993 l' J • • +.6 1 LEAGUE Palm Beach County MUN C!P L A • P.O.BOX 1980,GOVERNMENTAL CENTER,WEST PALM BEACH,FLORIDA 33402(407)35S-4484 • • MEMORANDUM• TO: A11 •yors ;and Managers 00 FR: Jac I; niman, Executive Director DT: Jul P 14 193 RE: Wetland; Plotection Ordinance • *********** ** ************************************* • Enclosed is a Resolution from the Town of Lake Clarke Shores objecting to the ?roposal of Palm Beach County that the Wetlands Protection Section of the Unified Development Code; be adopted under the auspices of t • Environmental Control Act. The League is on .ecgrd asking the Board of County Commiasionere to prepare these gu1ations for the unincorporated areas of Palm Beach County with .he ability for cities to "opt-4" if so desired. The League's Boa • f Directors at its July 14, 1993 meeting suggested that ta 's� resolution be sent as a sample to all municipalities fo their action in support qf the League's position. The Le=gu will make a presentation o the Board of County Commission,rs � ,t on Tuesday, July 20, 1993 when the County staff will be requ.=st ng to advertise for the first public hearing on these regulatio s. Your prompt atte tin in this matter, therefore, would be appreciated. ' We w.ul also appreciate if you would send a copy of your resolution to th- Municipal League office upon adoption. Thank you. • • • RESOLUTION NO. _ 722 A gESOLUTION OF THE TOWN COUNCIL OF THE TOWN bF LAKE CLARKE SHORES, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, . THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROVED AGREEMENT 1 BETWEEN THE BOARD OF COUNTY COMMISSIONERS' AND THE& PALM BEACH COUNTY MUNICIPAL LEAGUE . RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN EFFECTIVE . DATE; AND F01 OTHER PURPOSES. WHEREAS, i h s come to the attention of the Town Council of the Town of Lake Clarke Shores, Florida, that ,the Palm Beach •County Board of Coun y ommissioners proposes to amend the Wetlands protection Section t the Unified Land Development Code; and WHEREAS, is particular ordinance was originally adopted several years ago u de the auspices of the Enviromental Control Act, a special act �n Palm Beach County adopted in 1977; and WHEREAS, hen this particular ordinance was adopted to apply countywide, i 7113 with the provision that lf "delegation" was not achieved frot tiie Department of Environmental Regulation to • the County Departme t Qf Environmental Resources Management, that I portions of the ordnance would sunset; and 1 . % he sunset provision of this wetlands ordinance WHEREAS, tj was extended by the Board of County Commissioners until March 15, 1993; however, dele at on has not been achieved; 4id WHEREAS, in, the meantime, ' the Board of County I Commissioners reached an agreement with the. Palm Beach County 1 Municipal League that all ordinances proposed to have impact . countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied countywide, regardless of input received from the municipalities, the County would still retain the legal right to I adopt the ordinance countywide, and the municipalities would still retain their legal a ility to "opt out" of the ordipance; and WHEREAS, tris countywide ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all ¶ lI1department heads in Bo l Beach County on February 2, 1993, and was reiterated by the a}rd of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unified Land Development Code on March 2, 1993; and WHEREAS, the Department of Environmental Resource Management had propo$edIto amend the Wetlands Protection Section of II 1 the Unified Land Deveelopment Code and to submit same to the Board of County Commissioners forfirst reading on June 15, 1993, to be applicable countywide TTith no opportunity for municipalities to • I "opt out"; and WHEREAS, this date has now been postponed due to the efforts of the Municipal League; and WHEREAS, the Town Council of the Town of Lake Clarke Shores desires to make its position known to the Board of County Commissioners in tha i opposes any attempt by the Board of County adopted to ten ge on the policyado ted on February 2, 1993, as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances adopted countywide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE CLARKE SHORES, FLORIDA, THAT: Section 1: The Town Council of the Town of Lake Clarke Shores, Florida, strongly objects to the Wetlands Protection Section of the Unifi,edlLand Development Code being: amended in any manner which precluc(esmunicipalities from 'being able to "opt out" of the entire wetlandsprotection ordinance. Section 2: The Town Council of the Town. of Lake Clarke Shores hereby directs ;•the Town Clerk to submit copies of this Resolution to the Barl of County Commissioners and to all other municipalities within ; Palm Beach County requesting that each municipality adopt A imilar resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the_County and the Municipal League and to prevent further abrogation of municipal autonomy in i regulatory matters. Section 3: This Resolution shall take effect immediately upon adoption. i I ,I 'I • TOWN OF LAKE CLARKE SHORES, FLORIDA. A FOR AGAINST BY: Gres • or Ro•'=' alhou• , -Vic- M.yor :ram eir, Pre- 'ro Tem Malcolm K. Lewis, Council Member (Mei David Pleasanton, Council Member tes • i • • ann Ha on, Town Clerk t • RESOLUTION NO. 17 - 92/93 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, OBJECTING TO THE . PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, ' THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, it has come to the attention of the Village Council of the Village of Tequesta, Florida, that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and WHEREAS, this particular Ordinance was originally adopted several years ago under the auspices of the Environmental Control Act, a special Act in Palm Beach County adopted in • 1977; and WHEREAS, when this particular Ordinance was adopted to apply countywide, it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources Management, that portions of the Ordinance would sunset; and WHEREAS, the sunset provision of this Wetlands Ordinance was extended by the Board of County Commissioners until March 15, 1993; however, delegation has not been achieved; and WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Palm Beach County Municipal League that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the Ordinance should be countywide, and that even if the County determined that the Ordinance should be applied countywide, regardless of input received from the municipalities, the County would still retain the legal right to adopt the Ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the Ordinance; and WHEREAS, this countywide Ordinance procedure policy was enunciated by Robert Weisman, County Administrator, to all department Heads in Palm Beach County on February 2, 1993, and was reiterated by the Board of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unified Land Development Code on March 2, 1993; and WHEREAS, the Department of Environmental Resource Management had proposed to amend the Wetlands Protection Section of the Unified Land Development Code and to submit same to the Board of County Commissioners for first reading on June 15, 1993, to be applicable countywide with no opportunity for municipalities to "opt out"; and WHEREAS, this date has now been postponed due to the efforts of the Municipal League; and WHEREAS, the Village Council of the Village of Tequesta desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2, 1993, as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances adopted countywide unless they are adopted by referendum, in accordance with the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council of the Village of Tequesta, Florida, strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire Wetlands Protection Ordinance. Section 2. The Village Council of the Village of Tequesta hereby directs the Village Clerk to submit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar Resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. Section 3. This Resolution shall take effect immediately upon adoption. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION • The Mayor thereupon declared the Resolution duly passed and adopted this 22nd day of July, A.D. , 1993.. • MAYOR OF TEQUESTA • Ron T. Mackail ATTEST: • Joann Manganiello Village Clerk