R93-107RESOLUTION NO. R93-/~
A RESOLUTION OF THE CITY COF~ISSION OF
THE CITY OF BOYNTON BEACH, 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 APPROyED
AGREEMENT BETWEEN THE BOARD .OF COUNTY
COMMISSIONERS AND THE PALM BEACH COUNTY
MUNICIPAL LEA~q3E RELATIVE TO THE
COUNT~!DE oRDiNANcE pROcEDURES;~' AND
PROVIDING ANEFF~CTIVE DATE.
WHEREAS, it has come to the attention of the City
Commission of the City of Boy,ton beach, Florida that the Palm
Beach County Board of County Commissioners proposes to amend
the Wetlands Protection Section of the Unified Land
Development Code; 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 Regulation to the County 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 Commissioner~ until March
15, 1993, however, delegation has not been achieved; and
WHEREAS, in the meantime, the Board of County
Commissioners reached an agreement with the Pal.m 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 ~eading 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 input
received from the municipalities, 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 date has not been postponed due to the
efforts of the Municipal League; and
WHEREAS, the City Commission of the Cit~ of Boynton
Beach, Florida desires to make its position know~ to the Board
of County Commissioners in that it opposes any a~tempt 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 CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Sectioq 1. The City Commission of the City of Boynton
Beach, ~lorid~- strongly objects to the Wetlands Protection
Section~f 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 City Commission of the Cityof Boynton
Beach, Florida hereby directs the City Clerk toRub mit copies
of this Resolution to the Board of County Commissioners and to
all other municipalities within Palm Beach County requesting
that each municipality adopt a similar resolution and forward
same to the Board of County Commissioners in order to preserve
the policy agreement which is in effect between ~he County and
the Municipal League and to prevent further abrogation of
municipal autonomy in regulatory matters.
Section 3. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this ~ day of July, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Commi~ oner
ATTEST:
Ci~ Clerk --
(Corporate Seal )
Authsig.doc
Mun. Lge
7/16/93