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:
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TOWN CLERK
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COMMISSIONERS