Loading...
HomeMy Public PortalAboutRES 91/03RESOLUTION NO. 91 -3 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, IN OPPOSITION TO THE PENDING DELEGATION AGREEMENT BETWEEN THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION (FDER); PROVIDING AN EFFECTIVE DATE. WHEREAS, DERM and FDER are in the process of negotiating an agreement which will turn over environmental permitting responsi- bilities to DERM; and WHEREAS, as a result of the proposed delegation of permitting responsibilities, DERM will likely need to increase staffing resulting in increased costs to the taxpayers to maintain the Department, and WHEREAS, the County may provide local regulation over unincor- porated areas by separate ordinance, however, municipalities may, and often do, adopt their own environmental protection ordinances. DERM proposes to force a broadening of its jurisdiction into municipalities thus creating yet another layer of government and bureaucratic cost; and WHEREAS, further County tax increases necessary to provide for services presently provided by the State is in contradiction to the desire of taxpayer's of the County to reduce, not increase, County taxes. State taxes will not decrease to compensate for the increase for County taxes to support the County assuming a State responsibility; and WHEREAS, the Town of Gulf Stream does not know of, or has not been given an opportunity to comment on this agreement; and WHEREAS, there is significant concern about consistency in applying regulations. Florida Department of Environmental Regulations (FDER) staff apply environmental rules evenly through- out the state since they are controlled by one administration. Inserting another staff to deal exclusively with Palm Beach County could lead to wide variations in applying regulations throughout the state. This could lead to an increase in legal appeals and possible weakening of environmental regulations through the courts if application is found inconsistent; and WHEREAS, historically, municipal governments have regulated their jurisdictions and the County has handled the incorporated areas. FDER has had authority over waters of the State. This system has functioned efficiently and the concepts of "homerule" and "equal tratment under the law" were preserved. There is no justification now to change the system and risk violating these important concepts. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. The Town of Gulf Stream opposes the delegation of regulatory responsibility from the FDER (State) to DERM (County). Section 2. Further, we, the Town Commission of the Town of Gulf Stream, Florida, on behalf of the citizens of the Town of Gulf Stream, Florida, request that the County Commission intervene to halt the adoption of the DERM - -FDER Agreement and direct DERM to cease further efforts to assume regulatory authority already provided by other governmental agencies. Section 3. That this Resolution shall immediately upon passage be communicated to the County Commission for Palm Beach County, Florida, and copies will be sent to all cities in Palm Beach County, the Municipal League, the Florida League of Cities, and the Governor's Office. Section 4. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED in regular session on the day of 40)� I' , 1991. MAYOR , ATTEST: IR �-o / z7a: TOWN CLERK 'gA C.." COMMISSIONERS