HomeMy WebLinkAboutResolution_16-92/93_07/22/1993 RESOLUTION NO. 16 — 92193
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
Burckart , who moved its adoption. The motion
was seconded by Councilmember Capretta , and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Earl L. Collings
Ron T. Mackail
Joseph N. Capretta
• William E. Burckart
The Mayor thereupon declared the Resolution duly passed and
adopted this 22nd day of July, A.D., 1993.
MAYOR OF TEQUESTA
Ron T. Mackail
�I ATTEST:
J66nn Manganiel
Village Clerk