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HomeMy Public PortalAboutRES 85/02RESOLUTION NO. 85 -2 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, EXPRESSING THE DESIRE OF THE TOWN COMMISSION TO ENTER INTO THE INTERLOCAL AGREEMENT RELATING TO PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL AND TO HAVE A REPRESENTATIVE OF THE TOWN OF GULF STREAM APPOINTED TO SAID COUNCIL. WHEREAS, the Town Commission of the Town of Gulf Stream recognizes the need for coordinated protection, preservation and /or enhancement of the beaches and shores along the Atlantic Ocean in Palm Beach County; and WHEREAS, the Town Commission is in favor of establishing a council to be a forum for information exchange and cooperative effort to assist in fulfilling the interest of beach and shore protection, preservation and /or enhancement; and WHEREAS, Palm Beach County has proposed an interlocal agreement to establish a Palm Beach Countywide Beaches and Shores Council; and WHEREAS, the Town of Gulf Stream desires to be represented on said council; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Town Commission hereby goes on record as being in favor of a Palm Beach Countywide Beaches and Shores Council and its desire to enter into an interlocal agreement to effectuate same. Section 2. The Town Commission desires to be a participani on the above - referenced council and its endorsement of said council is conditioned upon the Town of Gulf Stream having represen- tation thereon. Section 3. The Town Commission hereby adopts by reference the terms of the interlocal agreement attached hereto. Section 4. The Town Manager of the Town of Gulf Stream is hereby authorized to execute the interlocal agreement to effectuate the above - referenced purposes. Section 5. A copy of this Resolution shall be forwarded to the Palm Beach County Commission. PASSED AND ADOPTED ON READING THIS DAY OF ATTEST: TOWN C AS AND CONSTITUTING THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA - 2 - -% INTERLOCAL AGREE,'4ENT (Palm Beach Countywide Beaches and Shores Council) THIS counterpart INTERLOCAL AGREEMENT, made and entered into this Il&,_day of 198 S, 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 a logical First Step. Local' governments are concerned about turning over 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 commu.ication will increase awareness and knowledge, and will _-::crease trust and cooperation. (3) Various interes =s will have a fair oppor- tunity to be heard. (4) Dialogue and persuasion will hopefully result in legitimate reasonable prcjects and /or actions. (5) Projects conter_ -plated 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 wide_+ disseminated. (7) Better overall working relationships between the governments and interested parties would be obtained. 2. AUTHORITY FOR INTERLOCAL iGREEMENT. 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 /cr 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 o= 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 constructicn and interpretation of this Agreement, except that words or phrases defined and /or used in Section 163.01(3), Florida Statu =es, shall control. 5. ESTABLISHMENT OF THE COUNC_L. The Parties agree there is hereby established the PAL' -. BEACH COUNTY14IDE 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 UP 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 C.airman shall be responsible to notice meetings, prepare minutes of meetings and correspondence, maintain records and other-dise perform duties and functions appropriate to the of-'ice 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 tra:ufor pr-a3oc:a, drodging are- othor hooch and /or shorn orosion, a:nt"" ncc o: - • or Preservation and /or a hancemen Pro'e sn d, c: sc;_ons) shall be a subject of Council considera- 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- . r , Z the Second Vice Chairman shall fill the office of Chairman. The Second Vice C.airman shall be responsible to notice meetings, prepare minutes of meetings and correspondence, maintain records and other-dise perform duties and functions appropriate to the of-'ice 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 tra:ufor pr-a3oc:a, drodging are- othor hooch and /or shorn orosion, a:nt"" ncc o: - • or Preservation and /or a hancemen Pro'e sn d, c: sc;_ons) shall be a subject of Council considera- 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 reir.- 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 joinder 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- wi,.::drawal 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 terra 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. U. e: es t: w It Title: (SEAL) w - ar, MM