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HomeMy Public PortalAboutPalm Beach Countywide Beaches & Shores CouncilCOMMISSIONERS WILLIAM F. KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT 111 ROBERT W. HOPKINS II WILLIAM A LYNCH June 11, 2004 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Mr. William V. Hayes, Chair and Members of the Palm Beach Countywide Beaches and Shores Council c/o The Department of Environmental Resources Management 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406-1548 Subject: Notice to Withdraw Membership Dear Mr. Hayes: Telephone (561)276-5116 In )561)737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR In a motion passed unanimously on February 9, 2004, the Palm Beach Countywide Beaches and Shores Council decided that the Interlocal Agreement which established the Council should be modified or replaced in order to maintain a forum for education, dialogue and information exchange while altering the present meeting schedule, Council organization, format and processes. The most efficient method of updating the Council is to terminate the current Interlocal Agreement and form a new agreement. Termination of the current agreement requires withdrawal of all but six (6) of the current members. With the purpose of terminating the current agreement, the Town of Gulf Stream hereby notices the Council of its withdrawal from Council membership by resolution effective six months from the date of this notice. Si' V�' air F. Ko Mayor 100 SEA ROAD, GULF STREAM, FLORIDA 33483 RESOLUTION NO. 004-06 RESOLUTION OF THE TOWN OF GULF STREAM THAT IT IS GIVING NOTICE TO THE PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL OF ITS INTENT TO WITHDRAW MEMBERSHIP ON THE BEACHES AND SHORES COUNCIL, WITH AN EFFECTIVE DATE OF DECEMBER 12, 2004. WHEREAS, on July 12, 1985 the Town of Gulf Stream approved a counterpart Interlocal Agreement for membership on the Palm Beach Countywide Beaches and Shores Council (Council); and WHEREAS, the Council was formed as a forum for information exchange and as a cooperative effort to protect, preserve and/or enhance beaches and shores in Palm Beach County; and WHEREAS, the reasons and benefits contemplated for creation of the Council was its application as a logical first step in coastal management; and WHEREAS, many of the circumstances that were present at the time t hat t he C ouncil w as formed have changed and different objectives for the Council are needed; and WHEREAS, Section 9 of the existing Interlocal Agreement requires that parties withdraw only by adoption of a formal resolution and that they give six (6) months notice. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF GULF STREAM FLORIDA, THAT: Section 1. Notice is given to the Palm Beach Countywide Beaches and Shores Council that, effective December 11, 2004, the Town of Gulf Stream will withdraw its membership on the Council. Section 2. The foregoing recitals are hereby adopted and ratified. PASSED AND ADOPTED in regular session this 11`h day of June, 2004. Wayorliam F. Koch, Jr. ATTEST: �— w Town Clerk TOWN OF GULF STREAM Commis ' ner Devitt ti Commissioner Hopkins Commissioner L h mmissioner Orthwein INTERLOCAL AGREEMENT This counterpart Interlocal Agreement is made this 11th day of June 2004, between the Undersigned Member Town of Gulf Stream, and each and every other Signatory Member (Palm Beach County, inlet/special taxing districts, environmental groups, coastal municipalities and the Palm Beach County League of Cities). WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the parties desire to establish a Council to be a forum for information exchange and education about beach and shore protection, preservation and/or enhancement. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Recitals The foregoing recitals are true and correct and hereby incorporated by reference. Section 2. Purpose The purpose of this Agreement is to establish and provide for the Palm Beach Countywide Coastal Council (Coastal Council). The Coastal Council is designed to be an informal forum for the exchange of information and education of its members about the protection and enhancement of the Atlantic coast in Palm Beach County. The Coastal Council shall take no regulatory action nor make recommendations to any regulatory bodies. Section 3. Obiectives The objectives of the Coastal Council are as follows: Increase member awareness and knowledge of coastal projects in order to increase trust and cooperation. 2. Discuss new and existing methods of erosion control, storm protection, beach nourishment and preservation, as well as coastal environmental protection. 3. Achieve better working relationships and communication between members. IFI.Y1[4.'A 4. Allow various interest groups to have an equal opportunity to be heard on coastal Section 4. Council Membership Membership on the Coastal Council shall be possible for the following entities: 1. Palm Beach County; 2. Each inlet or special taxing district having jurisdiction over land fronting on the Atlantic Ocean in Palm Beach County (currently Jupiter Inlet District, Port of Palm Beach District, and the Greater Boca Raton Beach Tax District); 3. Environmental bodies expressly concerned with the Atlantic Ocean beaches and shores in Palm Beach County (currently Audubon Society and the Marine Life Center of Juno Beach); 4. Each Palm Beach County coastal municipality that owns or controls land fronting on or adjacent to the Atlantic Ocean; and 5. The Palm Beach County League of Cities. An entity becomes a Member upon execution of this Interlocal Agreement. Membership may be extended in the future to a new entity falling into one of the above categories by majority vote of the Coastal Council. Each member of the Coastal Council shall be an equal member and each Member shall be entitled to one (1) representative. Each representative must be properly authorized by a Member. Section 5. Council Meetings The Coastal Council shall meet semi-annually. Additional meetings may be held if proposed by the Moderator and upon consent of the majority of the Members. Palm Beach County shall provide a meeting place and technical staff to the Members. Palm Beach County shall also notify Members of meetings and provide necessary technical equipment for meetings. Section 6. Council Organization A Moderator shall preside over each Coastal Council meeting. The Moderator and Alternate Moderator shall be a volunteer from among the Members to serve for the calendar year. Within thirty (30) days after the meeting, the Moderator shall prepare a brief summary of the meeting and provide the summary to Palm Beach County. The summary shall be distributed electronically by Palm Beach County to all Members. A recording of the meeting shall be created and stored for two (2) years by Palm Beach County for review upon request. Section 7. Council Discussion Presentations and discussions shall be limited to matters pertaining to the Objectives of the Coastal Council as described in Section 3 of this Agreement. Every Member is encouraged to present a brief presentation annually. Member presentations and discussions may include: shore protection projects, sand transfer plants, maintenance dredging projects, preservation and/or enhancement projects, reports, surveys, coastal policies, codes, ordinances, resolutions, funding, monitoring and environmental issues. Section 8. Amendment This Agreement may be amended or modified only by written agreement executed by all the parties hereto. l<1 Section 9. Withdrawal Members of the Coastal Council may withdraw from the Coastal Council by written notice to the current Moderator. The written notice must be signed by an individual or group authorized to act on behalf of the Member. Membership in the Coastal Council shall cease upon receipt of the notice. Section 10. Term/Effective Date This Agreement shall take effect upon execution by Palm Beach County. The term of this agreement shall be for a period of ten (10) years, with automatic five (5) year extensions unless terminated as provided herein. Section 11. Termination This Agreement shall automatically terminate upon the written agreement of all parties hereto or upon the withdrawal of all but six (6) Members from the Coastal Council. Section 12. Governing Law/Venue This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. Section 13. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4 Section 14. Entirety of Aereement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. ATTEST: By Rita L. Taylor, Town Clerk G Town of Gulf Stream, Florida By: )- I William F. Koch Jr., Mayor INTERLOCAL AGREEMENT (Palm Beach Countywide Beaches and Shores Council) THIS counterpart INTERLOCAL AGREEMENT, made and entered into this day of June , 198 5, by the Undersigned Participant (either Palm Beach County, an inlet/special district, the two environmental bodies, a coastal municipality or the Municipal League of Palm Beach County), with each and every other Signatory Participant (Palm Beach County, inlet/special districts, the two environmental bodies, coastal municipalities and/or the Municipal League of Palm Beach County); W I T N E S S E T H: WHEREAS, the Parties hereto recognize the need for coordin- ated protection, preservation and/or enhancement of the beaches and shores along the Atlantic Ocean in Palm Beach County; and WHEREAS, the Parties hereto desire to establish a Council to be a forum for information exchange and cooperative effort to assist the Undersigned Participant and each other Signatory Participant in fulfilling interests of beach and shore protection, preservation and/or enhancement; NOW, THEREFORE, in consideration of the premises and in consideration of the mutual agreements, terms and conditions hereinafter set forth, the Parties hereto (Undersigned Partici- pant and other Signatory Participants) hereby mutually agree as follows: 1. PREDICATE. The predicates for this Agreement are as follows: A. The above recitals are true and shall remain true. B. A forum is needed for information exchange and cooperative effort to protect, preserve and/or enhance Atlantic Ocean beaches and shores in Palm Beach County. The following reasons and/or benefits are contemplated: (1) This is logical First Step. governments areconcernedaboutturning poloverPolLocal Policy making decisions and power to tax and enforce those policies. It is considered premature to force establishment of a specific inflexible policy supported by taxing authority and perhaps another layer of governmental control, somewhat or far removed from the local level directly affected. Other efforts attempting initially to go far beyond such a First Step and attempting to establish a defined policy with taxing authority and governmental control have failed. (2) Increased communication will increase awareness and knowledge, and will increase trust and cooperation. (3) various interests will have a fair oppor- tunity to be heard. (4) Dialogue and persuasion will hopefully result in legitimate reasonable projects and/or actions. (5) Projects contemplated by different proponents, and the effects of those projects, the timing of them, and the contracting for them might all be coordinated so as to unify permitting processes and/or contracting and perhaps reduce overall costs. (6) New methods of erosion control, storm protection, beach nourishment and preservation might be discussed and the information widely disseminated. (7) Better overall working relationships between the governments and interested parties would be obtained. 2. AUTHORITY FOR INTERLOCAL AGREEMENT. By entering into this Agreement, each of the parties respectively represents that it has full right and lawful authority to enter into and perform this Agreement, and that is has fully considered, found and determined entering into and performing this Agreement to be in its best interests and the best interests of its constituency. The Parties represent and agree they are entering into this Agreement in pursuance of Part I, Chapter 163, Florida Statutes and/or their inherent power. 3. PURPOSE. The purpose of this Agreement is to establish and provide for the Palm Beach Countywide Beaches and Shores Council designed to be a forum for information exchange and cooperative effort toward the end of protecting, preserving and/or enhancing beaches and shores along the Atlantic Ocean in Palm Beach County. 4. DEFINITIONS. Words and phrases shall have their ordinary meaning in the construction and interpretation of this Agreement, except that words or phrases defined and/or used in Section 163.01(3), Florida Statutes, shall control. 5. ESTABLISHMENT OF THE COUNCIL. The Parties agree there is hereby established the PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL (Council) upon the following terms and conditions: A. Council Purpose. The purpose of the Council shall be to provide a forum for information exchange and -2- cooperative effort toward the end of protecting, preserving and/or enhancing beaches and shores along the Atlantic Ocean in Palm Beach County. B. Council Membership. The Undersigned Participant and each Signatory Participant shall be an equal member on the Council, each such Party having one (1) seat on the Council and designating one (1) delegate, and such alternates as it deems proper, to represent it on the Council. Only the following may be Parties to this Agreement and have a seat on the Council: (1) Palm Beach County; (2) Each inlet or special taxing district having jurisdiction over land fronting on the Atlantic Ocean in Palm Beach County (Jupiter Inlet District, Port of Palm Beach District, South Lake Worth Inlet District and The Greater Boca Raton Beach Tax District); (3) Two environmental bodies expressly concerned with the Atlantic Ocean beaches and shores in Palm Beach County (Audubon Society and Coral Reef Society International, Inc.); (4) Each Palm Beach County coastal municipality, being a municipality which owns land fronting on the Atlantic Ocean or which otherwise has jurisdiction over land fronting on the Atlantic Ocean; and (5) Municipal League of Palm Beach County. If the Council undertakes consideration of actions or projects directly involving other municipalities, then the Council should consider inviting such municipalities to membership. C. Council Meetings. Council Meetings shall be regularly scheduled monthly and more frequently as appropriate. The meeting place shall be in Palm Beach County and shall be furnished by Palm Beach County or selected or designated as the Council may otherwise choose. D. Council Organization. The Council shall have three officers, a Chairman, a First Vice Chairman and a Second Vice Chairman. Annually from among its members at its regular January meeting, the Council shall select its officers. The Chairman shall conduct meetings and otherwise represent the Council. In the absence or unavailability of the Chairman, the First Vice Chairman shall fill the office of Chairman; and in the absence or unavailability of both the Chairman and First Vice Chairman, -3- the Second Vice Chairman shall fill the office of Chairman. The Second Vice Chairman shall be responsible to notice meetings, prepare minutes of meetings and correspondence, maintain records and otherwise perform duties and functions appropriate to the office of executive secretary. Vacancies in such offices shall be filled from the membership, by the members. E. Rules, Regulations and Procedures. The Council shall establish its own rules, regulations and procedures. Six Council members and one officer attending a meeting shall constitute a quorum for the conduct of such meeting. Votes may not be cast by proxy. F. Administrative and Professional Support. Each Party shall supply its own administrative and/or professional support as it deems necessary or appropriate, if any. Adminis- trative support for the Council shall be furnished by Palm Beach County, or otherwise as the Council shall determine. G. Council Agenda. The Agenda for regular Council meetings shall include the following: (1) Roll call of members. (2) Approval of minutes of Council meetings. (3) Reports and/or presentations concerning methods, facilities, devices and concepts for beach and shore protection, preservation and/or enhancement. (4) Consideration of projects and actions. (5) Public comments. 6. PROJECTS AND ACTIONS. All projects and/or actions in- volving any beach or shore located in Palm Beach County on the Atlantic Ocean seaward of the coastal construction control line (including beach and/or shore erosion control projects, sand transfer projects, dredging and other beach and/or shore erosion, maintenance or protection, preservation and/or enhancement projects and/or actions) shall be a subject of Council considera- tion. A. Considering Projects Prior to Permit Application. Prior to such project being approved, authorized or sanctioned by any Party hereto, or such a project being permitted by the appro- priate permitting authority, each Party to this Agreement agrees to raise for Council consideration each such project involving beaches or shores within its jurisdiction for which its approval -4- will be needed or about which it has concerns. Each project shall be conceptually considered to the extent necessary for the Council members to determine the merit of each project and express comment and/or recommendation. The Council may, after consideration and upon vote of its members, take a position in favor of or against any project, and such position may be with or without comment and/or recommendation. B. Permitting Projects. The Council shall have absolutely no permit authority over any project. C. Monitoring Projects. The Council shall monitor Projects in progress to the extent it deems necessary or ap- propriate. D. Recommending Actions for Projects The Council may consider and recommend actions or projects. E. Palm Beach County Support. As a Signatory Party, Palm Beach County expresses it might only support projects favorably considered and recommended by the Council; and pro- jects not receiving favorable Council consideration, comment or recommendation might not be County funded or sponsored. F. Council Action, Comment or Recommendation. Council action, comment or recommendation shall not bind any project proponent and shall not limit, restrict or bind any Council member from taking or not taking any action or from making a comment or recommendation either in favor of or opposing any project in any manner whatsoever. 7. EACH PARTY TO BEAR OWN COSTS AND EXPENSES. No Party to this Agreement shall charge another under this Agreement for any service or action whatsoever, nor shall there be reim- bursement or liability from one Party to another for any loss or damage of any kind whatsoever resulting from any actions, comment or recommendation related to this Agreement. 8. AMENDMENT, MODIFICATION, TERMINATION AND NOTIFICATION. This Agreement may be amended or modified by written addendum only, effective upon the j..,inder of all Parties hereto at the time of the proposed amendment or modification. This Agreement shall terminate upon the agreement of all Parties hereto or upon the -5- J -withdrawal of all but six (6) Signatory Participants to this Agreement. All parties to this Agreement shall be notified by the Council Second Vice Chairman upon the joinder or termination of each signatory to this Agreement. 9. EXECUTION AND WITHDRAWAL BY RESOLUTION. The Parties hereto shall join and execute this Ageement by the adoption of a formal resolution of the governing body of each such Party, which incorporates the terms of this Agreement and attaches a copy thereto. The Parties hereto may withdraw only by adoption of a formal resolution after six (6) months prior notice. 10. EFFECTIVE DATE; TERM. The effective date of this Agreement shall be upon its execution by seven (7) Parties. The term of this Agreement shall be perpetual, or until such time as the purpose of this Agreement has been fulfilled, or when, because of withdrawal, there are fewer than seven (7) Parties hereto. IN WITNESS WHEREOF, the Undersigned Party has hereunto set its hand and seal to this counterpart of the Interlocal Agreement on the day and year written above. Attest: Title; O CLERK ( SEAL• ) 0 } MAYOR, TOWN OF GULF STREAM