HomeMy Public PortalAboutRES 93/07RESOLUTION NO. 93 -7
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, 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 Town
Commission of the Town of Gulf Stream, Florida, that the Palm
Beach County Board of County Commissioners proposes to amend the
Wetlands Protection Section of the Unified Land Development Codek
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 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 Commisssioners until March 15,
1993; however, delegation has not been achieved; and
WHEREAS, in the meantime, the Board of County Commis-
sioners 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 the input recieved from the municipal-
ities, 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 Resources
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 ccuntywide 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 Town Commission of the Town of Gulf Stream
desires to make its position known to the Board of County Commis-
sioners 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 TOWN COMMISSION
OF THE TOWN OF GULF STREAM, THAT:
Section 1: The Town Commission of the Town of Gulf
Stream, 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 Town Commission of the Town of Gulf
Stream hereby directs the Town 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 munici-
pality adopt a similar resolution and foward same to the Board of
County Commissioners in order to pxt_serve 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:
upon adoption.
This regulation shall take effect immediately
PASSED AND ADOPTED in regular session on this 22 day of
July, 1993
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Mayor
ATTEST:
Town Clerk
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Commissioner
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Commissioner
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Commissioner
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Commissioner