1999-030 Comp Plan Amendment Coord. Review•
RESOLUTION NO. 30-99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE
THE PARTICIPATION AGREEMENT ATTACHED AS EXHIBIT
"A", WHICH AGREEMENT ESTABLISHES THE VILLAGE OF
NORTH PALM BEACH AS A PARTICIPANT AND MEMBER OF THE
COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW
INTERLOCAL AGREEMENT DATED OCTOBER 1, 1993;
DESIGNATING THE VILLAGE MANAGER AS THE PERSON
AUTHORIZED ON BEHALF OF THE VILLAGE TO FILE A
WRITTEN NOTICE OF INTENT TO OBJECT AND TO MAKE
FORMAL OBJECTION; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, various municipalities, other local governments and
agencies entered into a Comprehensive Plan Amendment Coordinated
Review Interlocal Agreement dated October 1, 1993, for the purpose
of reviewing and coordinating comprehensive plans of local
governments within Palm Beach County and the plans of school boards
and other units of local government providing services but not
having regulatory authority for the use of land; and
WHEREAS, the Village of North Palm Beach is desirous of
executing the Participation Agreement attached as Exhibit "A" in
order to become a participant and a member of the Comprehensive
Plan Amendment Coordinated Review Interlocal Agreement dated
October 1, 1993.
•
•
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach, Florida, does hereby approve the Comprehensive Plan
Amendment Coordinated Review Interlocal Agreement dated October 1,
1993, and the Participation Agreement attached as Exhibit "A",
which Participation Agreement establishes the Village of North Palm
Beach as a participant and member of the Interlocal Agreement.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Participation Agreement set
forth in Exhibit "A" for and on behalf of the Village of North Palm
Beach.
Section 3. The Village Council does hereby designate
the Village Manager as the person authorized on behalf of the
Village to file a written notice of intent to object and to make
formal objection.
Section 4. The Village Council shall execute two (2)
originals of the Participation Agreement attached as Exhibit "A",
and the Village Clerk is hereby directed to file one of such
Agreements with the Clerk of the Courts of Palm Beach County,
Florida.
Section 5. This Resolution shall take effect immediately
upon its adoption.
•
PASSED AIVD ADOPTED THIS 27th DAY OF
MAY
1999.
%~%' ~ •~-
MA OR
(Village Seal)
AT'T'EST
Village Clerk
~J
u
COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW
INTERLOCAL AGREEMENT
PARTICIPATION AGREEMENT
THIS AGREEMENT dated this 27th day of MAY ,
1999 ,entered into by and among the Village of North Pdlm Beach
a local government
(local government or service provider)
hereinafter "New Participant", and the various parties executing the Interlocal
Agreement dated October 1, 1993, hereinafter "Master Agreement";
WITNESSETH:
WHEREAS, an intergovernmental coordination program for reviewing
proposed changes to adopted comprehensive plans which fully utilizes the
existing Chapter 163 comprehensive planning process with minimal
bureaucracy and expense for local governments and service providers has been
established as evidenced by that certain Interlocal Agreement dated October 1,
1993; and
WHEREAS the Village of North Pa]m Beach desires to become a
participant under said agreement; and
WHEREAS, pursuant to Article IV, Section 1 of the Master Agreement,
participation is authorized upon execution of this unilateral Participation
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, it is agreed and understood by and among the undersigned New
Participant and the participants in the Master Agreement as follows:
1. Upon execution of this Agreement and upon payment of the
annual participation fee prescribed in Article IV, Section 2 of the Master
Agreement, New Participant will become a participant in the Master Agreement
recorded in the Official Records at Book No. _, Page
EXHIBIT "A^
\I
2. The New Participant shall enjoy all the privileges of, and shall be
bound by all the terms and conditions of, the Master Agreement.
3. The participants in the Master Agreement agree to the inclusion of
• New Participant in accordance with Article IV, Section 1 of the Master
Agreement as it is acknowledged that the inclusion of an additional pazticipant
furthers the intent and spirit of the Master Agreement and the ultimate goal of
providing planning coordination among all local governments and service
providers.
4. A copy of this pazticipation Agreement shall be filed with the Clerk
of the Court in and for Palm Beach County and with the Clearinghouse.
5. This Participation Agreement shall be effective upon execution
and filing pursuant to Paragraph 4 and shall continue in full force and effect
unless New Member withdraws pursuant to Article XI, Section 7 of the Master
Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by
_ the Village of North Palm Beach
as of the date and year indicated below.
sy:
Its: V_ i r. Mayor
Date:~y~, i g99
•
•
COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW
INTERLOCAL AGREEMENT
PARTICIPATION AGREEMENT
THIS AGREEMENT dated this 27th day of MAY ,
1999 ,entered into by and among the Village of North Palm Beach
a local government
(local government or service provider)
hereinafter "New Participant", and the various parties executing the Interlocal
Agreement dated October 1, 1993, hereinafter "Master Agreement";
WITNESSETH:
WHEREAS, an intergovernmental coordination program for reviewing
proposed changes to adopted comprehensive plans which fully utilizes the
existing Chapter 163 comprehensive planning process with minimal
bureaucracy and expense for local governments and service providers has been
established as evidenced by that certain Interlocal Agreement dated October 1,
1993; and
WHEREAS the Vi.l lage of North Palm Beach desires to become a
participant under said agreement; and
WHEREAS, pursuant to Article IV, Section 1 of the Master Agreement,
participation is authorized upon execution of this unilateral Participation
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, it is agreed and understood by and among the undersigned New
Participant and the participants in the Master Agreement as follows:
Upon execution of this Agreement and upon payment of the
annual participation fee prescribed in Article IV, Section 2 of the Master
Agreement, New Participant will become a participant in the Master Agreement
recorded in the Official Records at Book No. ,Page
EXHIBIT °A°
2. The New Participant shall enjoy all the privileges of, and shall be
• bound by all the terms and conditions of, the Master Agreement.
3. The pazticipants in the Master Agreement agree to the inclusion of
New Pazticipant in accordance with Article IV, Section 1 of the Master
Agreement as it is acknowledged that the inclusion of an additional participant
furthers the intent and spirit of the Master Agreement and the ultimate goal of
providing planning coordination among all local governments and service
providers.
4. A copy of this participation Agreement shall be tiled with the Clerk
of the Court in and for Palm Beach County and with the Clearinghouse.
S. This Participation Agreement shall be effective upon execution
and filing pursuant to Paragraph 4 and shall continue in full force and effect
unless New Member withdraws pursuant to Article XI, Section 7 of the Master
Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by
as of the date and year indicated below.
By' -_
Its: Mavor
Date:May 27, 1999
C~
COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW
• INTERLOCAL AGREEMENT
This Interlocal Agreement, dated the 1st day of October, 1993,
entered into by and among the various parties executing this
Agreement, each one constituting a public agency as defined in Part
I of Chapter 163, Florida Statutes;
W I T N E S S E T H:
WHEREAS, Part I of Chapter 163, Florida Statutes, permits
public agencies as defined therein to enter into interlocal
agreements with each other to jointly exercise any power,
privilege, or authority which such agencies share in common and
which each might exercise separately; and.
WHEREAS, Part II of Chapter 163, Florida Statutes, requires
the coordination of local comprehensive plans with the
comprehensive plans of adjacent local governments and the plans of
school boards and other units of local government providing
services but not having regulatory authority over the use of land;
and
WHEREAS, the participants to this Agreement desire to
establish an intergovernmental coordination program for reviewing
proposed changes to adopted comprehensive plans which fully
utilizes the existing Chapter 163 comprehensive planning process
with minimal bureaucracy and expense for the participants; and
WHEREAS, participation in this program shall not diminish any
existing local government's or service provider's process or power;
• and
WHEREAS, the participants desire to enter into this Agreement
to provide countywide coordination in the comprehensive plan
amendment process.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is: mutually agreed and understood,.. by and
among the ,undersigned .agencies that now or. may hereafter execute
this Agreement;.as.follows:.
ARTICLE I. TITLE
This Agreement shall be known and may be cited as the
"Comprehensive Plan Amendment Coordinated Review Interlocal
Agreement".
ARTICLE II. PIIRPOSE
The purpose of this Agreement is to establish a countywide
Comprehensive Plan Amendment Coordinated Review Process. This
process is designed to provide coordination of proposed .plan -.
~:y
amendments, cooperation .between affected local governments and
service providers; and opportunities to resolve. potential. disputes.
only within the Plan Amendment Process with the least amount of
infringement upon existing processes, without undue processing
delays and without the necessity of significant staffing or
consultant costs. Specifically, the Comprehensive Plan Amendment
Coordinated Review Process will accomplish the following:
A. Proposed Plan Amendments shall have sufficient
distribution and dissemination to insure that initial
transmittal and final approval will not occur without
adequate .notice to local governments and service
providers who .may be adversely affected by the action. •
L:
2
B. An avenue for discussion and evaluation of the proposed
i Plan Amendments is created so that the governing body is
aware of objections, the basis for them, and the
reasonableness of the objection.
u,>~•;
C. An opportunity is created for conflict resolution of an
item which, if approved, may result in a potential
.~,. ,::
problem for another local government or service provider.
D. The Comprehensive Plan Amendment Coordinated Review
Process does not diminish or transfer existing authority
with respect to planning and implementation decisions of
the participants.
ARTICLE III. DEFINITIONS
The following definitions shall apply to this Agreement:.
"Act" means Part I of Chapter 163, Florida Statutes.
"Agreement" means this Interlocal Agreement, including any
amendments or supplements hereto, executed and delivered in
accordance with the terms hereof.
"Clearinghouse" means the agency that provides the logistic
support services for the Comprehensive Plan Amendment Coordinated
Review Process. '
"Comprehensive Plan" means the plan adopted by a local
government pursuant to Chapter 163, Part II, Florida Statutes,
meeting the requirements of Chapter 163, Part II, Florida Statutes
and its implementing rules.
"Conflict Resolution Panel" means a subgroup of the Interlocal
• Plan Amendment Review Committee. -
3
"Days" means calendar days.
"Executive Committee" means the representative body of the ~.
local governments and service providers responsible for the
oversight.. and administration:of this Agreement..
"Fact-finding: Panel".means a subgroup of the.Interlocal Plan
Amendment:Review~Committee:...,.
"Governing Sody" means the board of county commissioners of a
county, the commission or council of an incorporated municipality,
the Palm Beach County School Board, the Governing Board of the
South Florida Water Management District, or the governing body of
a special district.
"Interlocal Plan Amendment Review Committee" means the body
comprised of full-time planning directors or other similar
position,.from.any local government participant.. This group is
charged. with the major technical role in the Comprehensive-Plan
Amendment. Coordinated:Review:.Process...
"Local Government" means the incorporated cities, villages and
towns within Palm Beach County and the County oP Palm Beach.
"Participants" means those local governments and service
providers who have entered into the Comprehensive Plan Amendment
Coordinated Review Process through this Agreement and have paid the
annual participation fee as required in this Agreement.
"Plan Amendment" means any change or modification to an
adopted comprehensive plan. that is considered a comprehensive plan:
amendment pursuant. to Chapter 163, Part II, Florida Statutes, or'
its implementing rules. •
4
"Service Providers" means the Palm Beach County School Board,
• the South Florida water Management District, and all independent
special districts located in whole or in part in Palm Beach County
which provide services required to be addressed in comprehensive
plans by Chapter 163, Part II, Florida Statutes.
ARTICLE IV. PARTICIPATION.
Section i. All local governments and service providers
located in whole or in part in Palm Beach County are eligible to
participate in this Agreement. Only the parties who execute this
Agreement and who have paid their annual participation fee are
considered participants under this Agreement. Any local government
or service provider who is not a participant by October 1, 1993,
may become a participant upon execution of a unilateral
Participation Agreement, in such form as the agreement attached
1ZCrCl.V d~ Eichiblt °A".
Sect ion 2 . Participant General O bliaations
A. All participants shall be obliged to pay an annual
participation fee.
(1) The initial participation fee shall be $500.00 per
participant. This fee shall cover participation
from October 1, 1993 to September 30, 1994 and
shall be due and payable by October 31, 1993.
(2) The participation fee shall be $500.00 per year for
each subsequent year, unless this amount is
modified as authorized in Article V, Section 2 F.
• No modification shall increase the fee by more than
5
25~ of the past year's fee amount. The annual ~~-,,
participation fee shall be due and payable by
October 1 of each succeeding year.
(3) Non-payment •of the fee shall result in the
suspension.-of participation in this Agreement
pursuant to.•Article XI, Section.7.
(4) A fee paid pursuant to this section shall not be
returned in full or prorata amount upon a
participant's withdrawal from this Agreement.
Participants entering into this Agreement after
October 1, 1993, or during any period subsequent to
September 30 of each year thereafter, shall be
obliged to remit the entire fee amount. - •
B. The local governments- employing full-time planning "~
.
directors or other similar positions are required to appoint that ~
person. to the Interlocal.Plan.-Amendment: Review..Committee..
C. The local governments and service providers who become
participants agree to provide technical assistance requested by a
Fact-finding Panel or Conflict Resolution Panel established
pursuant to this Agreement.
ARTICLE O. E%ECUTIVE COMMITTEE
Section i. Creation/PU+-*+~~p
There shall be created an Executive Committee to provide
oversight and direction to the Comprehensive Plan Amendment
Coordinated Review Process established this Agreement, in
accordance with and pursuant to the duties and responsibilities .
6 "
expressed herein.
• Section 2. Duties and Powers
The Executive Committee shall have the following duties,
powers and responsibilities:
A. Prepare an annual budget.
B. Oversee the collection and expenditure of funds.~Y
C. Prepare an annual report to the participants
detailing the activities and results from the
comprehensive plan amendments processed pursuant to
this Agreement.
D. Oversee the operations of the' various panels,
committees, and the Clearinghouse established
pursuant to this Agreement.
E. Make recommendations to the participants on ways to
iTup~v'vE L70 coorwination procc~s.
F. Modify the annual participation fee in accordance
with this Agreement.
G. By majority vote of the entire membership of the
Committee, modify the time frames set forth in
Article VIII.
H. Propose amendments to this Agreement pursuant to
Article Xi, Section 4.
I. Select the Clearinghouse from interested
participants.
No enumeration of duties, powers, and responsibilities herein
• shall be deemed exclusive or restrictive, but shall be deemed to'
7
incorporate all implied powers necessary or incident to carrying ~
out the purposes of this Agreement. ~
Section 3 Membershiv
A. The.Executive Committee. shall consist of nine members,
selected:_from the following: five categories in the manner
specified,.and.shall meet~the.following•criteria:
(1) Four elected .municipal officials, selected by the
Palm Beach County Municipal League.
(2) Two Palm Beach County Commissioners, selected by
the Palm Beach County Commission.
(3) One member of the Palm Beach County School Board,
selected by the Palm Beach County School Board.
(4) One member of the South Florida Water Management
District Governing Board, selected by the South ~
4;
Florida Water Management District Governing Board.
(5) One Special District .Representative, who shall.
reside in Palm Beach County and represent a
District in Palm Beach County, appointed by the
Regional Chair of the Florida Association of
Special Districts.
B. Except for the Special District Representative, all
members of the Executive Committee shall be a representative of a
participant. Each member shall have one vote on the
Committee.
C. Each category as set Porth fn Paragraph A shall be
entitled to appoint one (1) alternate. The alternate from •
8
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categories 1 - 3 must be an elected official. If no other member
• of the South Florida Water Management District Governing Board
resides in Palm Beach County, the Executive Director or his
designee shall be the South Florida Water Management District
alternate. The Regional Chair of the Florida Association of
Special Districts shall appoint as the Special District alternate
a person who resides in Palm Beach County and represents a district
in Palm Beach County. The alternate may act in place of any member
Prom the same category. '
D. In the event there are no participants in a designated
category set forth in paragraph A, that category shall be deemed
deleted and all remaining categories shall constitute the Executive
Committee accordingly.
Section 4. Executive Committee Action
A. The affairs, Asti OliS aiid uuiico Oi the EX2CUt wE
Committee shall be undertaken at duly called meetings pursuant to
Section 9 hereof.
B. For any meeting of the Executive Committee at which any
official action is to be taken, a majority of the committee members
shall constitute a quorum, and a majority vote of the members
present shall be the act of the Executive Committee.
C. A certificate, resolution, or instrument signed by the
Chair, Vice-chair or such other designated person of the Committee
as may be hereafter selected by the Committee shall be evidence of
the action of the Committee.
• Section 5. Election o'f OPPicers
9
Once a year, and at such other time as may be necessary to .~
fill a vacancy, at a meeting of the Executive Committee called for .~
the purpose thereof, the Committee members shall elect a Chair, a
Vice-chair,: and .a Secretary-Treasurer. to conduct.meetings>of-the
Committee and to perform. such other.functions.•.as.herein-.provi.ded.
Said.Chair,.Vice-chair .and Secretary-Treasurer .shall serve•.one (1)
year terms unless they resign sooner pursuant to Section 7 hereof.
Section 6. A+thr+r;ty of O i .orc
A. The Chair and the Vice-chair shall take such action and
sign such documents on behalf of the Executive Committee and in
furtherance oP the purposes of this. Agreement as shall be approved
by resolution of the Committee.
B. The Secretary-Treasurer, or his or her designee, shall '
keep minutes of all meetings, proceedings and acts of the Executive ".
Committee but.such.minutes need not be verbatim. Copies .of all
minutes of the .meetings of: the Committee shall . be -.sent ~by the
Secretary-Treasurer, or designee, to all Committee members and to
such other parties as requested.
Section 7 Resignation
A. Any member .may resign from all duties and
responsibilities hereunder by giving at least seven (7) days prior
written notice sent to the Chair. Such notice shall state the date
said resignation shall take effect and such resignation shall take
effect on such date.
B. In the event any member shall resign as the
representative.of a participating. group such participating group •
10 ~--
shall appoint a new representative as expeditiously as possible.
• C. Any member, upon leaving office, shall forthwith
turn over and deliver to the Chair or Vice-chair any and all
records, books, documents, or other property in his or her.
;....
possession or under his or her control, which belongs to the.
Executive Committee and/or relates to this Agreement.
Section 8. Liability
No member of the Executive Committee shall be liable for any
action taken pursuant to this Agreement in good faith, or Por any
omission, except gross negligence, or for any act of omission or
commission by any other member of the Committee.
Section 9. Meetings
A. The Executive..Committee shall convene at a meeting called
by either a majority of the members or at the request of the Chair.
Meetings shall be conducted at such locations as may be acceptable .
,.
to the majority of the Committee. The Chair shall set forth the
date, time, location and purpose of each meeting and notice
thereof, unless otherwise waived, shall be furnished to each member
by the Secretary-Treasurer, or his or her designee, not less than
seven (7) days prior to the date of such meeting. The Chair may
direct the Secretary-Treasurer to send the prerequisite notice for
any meeting oP the Committee otherwise called in accordance with
the provisions hereof.
B. During October 1993, the duly appointed members of the
Committee shall hold an organizational meeting to elect officers
• and perform such other duties as shall be provided under this
11
Agreement. •~.•
ARTICLE VI. INTERLOCAL PLAN AMENDMENT REVIEW COMMITTEE
A. Participant local governments employing Pull-time
planning directors •or other similar position. are required to
appoint that person as a member of :the Interlocal:Plan.-Amendment
Review Committee.
B. The functions of this Committee are as follows:
(1) To provide participants, on a rotating basis, for a
Fact-finding Panel.
(2) To provide participants, on a rotating basis, for a
Conflict Resolution Panel.
(3) To call for technical assistance from service
providers and other agencies which participate in
this coordination activity. r^.
4r
(4) To meet, at least quarterly, for the purposes of
administration, consideration of referrals, reports .
of subcommittees, general coordination and
consultation, and the forwarding oP reports of
actions to the participants.
C. The Committee shall establish its own organization and
rules of procedure consistent with the provisions of this
Agreement.
ARTICLE VZI. CLEARINGHOIISE
A. The Clearinghouse shall be a participant public agency.
B. The Clearinghouse shall be responsible for:
1. The establishment of an account into which the •
12 ~"
participation fees required herein shall •be
• deposited.
2. The deposit and disbursement of funds in accordance
with generally accepted accounting standards.
3. Securing and storing,. all adopted .local government
comprehensive plans, and all amendments thereto.
4. Coordinating the Comprehensive Plan Amendment
Coordinated Review Process, as specified in Article
VIII, Section 3.
ARTICLE VIII. COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW
PROCE68
Section 1 Local Government Specific Obligations
A. All participant local governments are obligated to do the
following:
(1) inform the Clearinghouse of the notice of plan
amendments proposed by other participants that it desires to
receive.
(2) Designate to the Clearinghouse the position or
individual who can file a written notice of intent to object and a
formal objection.
(3) Inform the Clearinghouse whether a formal governing
body action is required prior to filing a written objection.
(4) Provide the Clearinghouse with a full copy of the
local government's adopted Comprehensive Plan within thirty (30)
days oP the effective date of this Agreement. If a local
government becomes a participant after October 1, 1993, the
•
13
participant shall provide the Clearinghouse with a full copy of its : ~•.
adopted Comprehensive Plan within thirty (30) days of the effective
date of the Participation Agreement.
B. When processing •a proposed plan amendment to its own.
Comprehensive Plan, .the local. government shall do the following:
(i) Submit all .proposed plan amendment .documents
required by.Section 3 A. to the Clearinghouse at
least thirty (30) days prior to the local
government's transmittal hearing.
(2) Meet with any objectors at least one time prior to
the transmittal hearing on the proposed plan
amendment.
(3) Participate in fact-finding as described in Section •
3 . ~',
c~
(4) Include in .the proposed plan amendment transmittal
to the Department of Community Affairs, or within
five (5) days of receipt if received after
transmittal, all written notices of intent to
object and written objections received pursuant to
Section 3, the status of that objection, a fact-
., finding report prepared pursuant to Section 3, and
any report from a Conflict Resolution Panel
prepared pursuant to Section 3.
(5) Consider participating in any Conflict Resolution
Panel requested by an objector. The local
government initiating the proposed plan amendment •
14 '
is under no obligation to participate in the
• Conflict Resolution Panel process.
(6) For all proposed plan amendments, provide the
Clearinghouse with a copy of the full proposed plan
amendment; all. background .materials, including the
supporting data and analysis; the objections,
recommendation and comments report prepared by the
Department of Community Affairs for the amendment
upon its receipt; the response to the objection,
recommendation and comment report prepared by the
local government; and, if adopted, the amendment to
the local government's comprehensive plan; the
notice of intent .issued by the Department of
Community Affairs; and any final orders or
compliance agreements dealing with the amendment.
(7) When it becomes available, provide the. Clearfng-
house with a revised copy of the local government's
Comprehensive Plan including all amendments.
C. If the local government desires to object to another
local government's proposed plan amendment, the objecting local
government shall do the following:
(1) Submit a written notice of intent to object to the
Clearinghouse and the local government initiating
the proposed plan amendment pursuant to Section 3.
(2) Meet with the local government transmitting the
• proposed plan amendment at least one time prior to
15
that local government's transmittal hearing.
•
(3) File a written objection with the Clearinghouse
pursuant to Section 3.
(4) Participate in fact-finding as described in Section
3 if the local.government Piles a written objection.
(5) Consider participating in. any Conflict Resolution
Panel requested by the initiating local government
or other objector. An objector. is under no
obligation to participate in the Conflict
Resolution Panel process.
(6) If the objection is to be withdrawn, file a written
notice withdrawing the objection with the
Clearinghouse and the local government proposing
the plan amendment.
v'
Section 2 A>> Othe partic+ ants Soec ~c Ob ration
All participants..who.are.not local. governments must comply
with the requirements of Article VIII, Section 1 A. (1), (2), and
(3). A non-local government desiring to object to a proposed Plan
amendment has the same obligations as an objecting local government
detailed in Article VIII, Section 1 C.
Section 3. Plan Amendment R v~Pw P ocess
A. A plan amendment is prepared pursuant to policies and
procedures of the initiating local government. At least thirty
(30) days prior to the governing body's transmittal hearing, an i
Executive Summary along with a copy of the proposed plan amendment
and supporting material, and the date, time, and place of the .
16
transmittal hearing, shall be furnished to the Clearinghouse.
• B. Within five (5) days, the Clearinghouse shall distribute
the Executive Summary and hearing information to the participants
in the Agreement who have requested copies of the initiating local
'~ .
government's amendments.
C. A written notice of intent to object may be filed by any
participant.
(i) A written notice of intent to object must be filed
no later than fifteen (15) days before the transmittal hearing.
(2) If a proposed plan amendment is substantially
modified between the submittal to the Clearinghouse and the
transmittal of the amendment, a written notice of intent to object
may be filed within ten (10) days of transmittal.
D. The Clearinghouse shall immediately notify the initiating
local government of aii written notices of intent to object
received by the Clearinghouse.
E. The initiating local government shall meet with all
objectors prior to the transmittal hearing unless the written
notice of intent to object was filed pursuant to Section 3 C. (2)
above. In that instance, the parties shall meet within fifteen
(15) days of the submittal of the written notice of intent to
object to the Clearinghouse.
F. No later than fifteen (15) days after transmittal of the
proposed plan amendment, a participant who filed a written notice
of intent to object prior to transmittal may file a written
• objection to the proposed plan amendment with the Clearinghouse.
17
If a written notice of intent to object was filed after transmittal ~ ~
pursuant to Section 3 C.(2) above, a written objection may be Piled •
by that participant no later than thirty (30) days after the Piling
of the written notice of•intent to object.
G.. Upon receipt•of: a written objection~•the Clearinghouse
shall notify the initiating local government and the Interlocal
Plan Amendment Review Committee of the written objection and
transmit a copy of the objection to the initiating local goverrunent
and the Interlocal Plan Amendment Review Committee.
H. The Interlocal Plan Amendment Review Committee shall
convene a Fact-finding Panel within ten (10) days of receipt of the
written objection. The Fact-finding Panel shall review the
objection pursuant to Article IX and shall issue its opinion letter •
no later than twenty (20) days after the submittal of the written
objection to the Clearinghouse.
I. After the Fact-finding Panel .issues its opinion letter,
any party (the initiating local government and any participant
objector) to the fact-finding may request conflict resolution •
pursuant to Article X. The request shall be submitted in writing
to the Clearinghouse no later than ten (10) days after transmittal
of the Department of Community Affairs Objection, Recommendation
and Comments Report. The Clearinghouse shall immediately notify
the other parties of this request. Within ten (10) days of receipt
of notification from the Clearinghouse, the other parties shall
notify the Clearinghouse of their decision on whether or not to
agree to conflict resolution. If the initiating local government
18 '~
and any objector agree to conflict resolution, the Clearinghouse
shall notify the Interlocal Plan Amendment Review Committee, which
shall convene the appropriate Conflict Resolution Panel pursuant to
Article X.
Section 4. Modification of Time-Frames y
By majority vote of the entire membership of the Executive
;:
Committee, the Executive Committee may modify the time-frames set
forth for any activity as specified in Article VIII.
ARTICLE I%. FACT-FINDING PANEL
A. The three person fact-finding panel shall consist of
members of the Interlocal Plan Amendment Review Committee. The
Chair shall be selected by the, panel.
B. The Clearinghouse shall provide the panel with the
following information prior to the meeting:
(1) that portion of the Plan Amendment which is under
consideration; and
(2) the .written objection.
C. The Chair shall arrange for testimony and technical
assistance from participants as is appropriate.
D. At the meeting, only the initiating local government, the
participant objector, property owner for a site specific plan
amendment, and any participant who has been requested to provide
technical assistance shall be allowed to present testimony. The
initiating local government shall present the item being objected
to, the reason for the proposed amendment, and its supporting data,
• analysis, and documentation. This presentation may be supplemented
19
by the affected property owner. The objecting party(ies) shall ~ ~
make a presentation on the basis for its objection. Technical
assistance testimony as requested by the Chair may be presented at
any time. The panel may. ask, questions. The Chair shall close
discussion with the participants and thereafter.confine-discussion
to panel members.
E. The panel shall specifically identify each objection and
shall issue an opinion letter including, but not limited to, the
following on-each objection which fs filed:
(1) The objection appears to be one of miscommunication.
and that it appears to be resolved.
(2) There is insufficient data and analysis upon which
to support either the amendment or the objection or
both.
_ ~::+
(3) Sufficient data and analysis has been provided and
a conflict appears to exist. The conflict should
be resolved either:
(a) through the normal Department of Community
Affairs review process; or
(b) in a conflict resolution forum such as
provided in Article X, mediating services oP
the Treasure Coast Regional Planning Council,
or other mediation forum.
F. Within.two (2) working days, the Chair shall Pax an
opinion letter to the involved parties. If warranted, a minority
opinion may be prepared by other members of the panel and provided •
2 0 ~-
concurrently with the Chair's opinion letter.
• ARTICLE %. CONFLICT RESOLOTION PANEL
A. The Conflict Resolution Panel shall consist of three
members when performing facilitation services or five members when
performing mediation services. .The. panel.shall be composed of
individuals who are members of the Interlocal Plan Amendment Review
Committee. The Chair shall be selected by the panel.
B. The Chair shall arrange for testimony and technical
assistance from participants as is appropriate. Testimony shall be
provided only through participants who are parties to the objection
unless technical assistance testimony has been requested by the
Chair.
C. Two types of service may be provided. These are:
(1) Facilitation
a. A facilitation panel shall consist of three
members. When the facilitation panel convenes
. to review the objection, it shall seek to have
the parties reach a mutually agreeable
position on the proposed amendment and the
objection to it.
b. The facilitation panel shall declare when its
work has been finished or an impasse has been
reached. At that time, the Chair shall write
a letter documenting the meetings which were
held, the evidence and testimony received,
• points oP agreement, and points of
21
o participating parties and the Department of
Community Affairs.
(2) Mediation
a. A mediation panel shall~~consist of .five
members. In addition to functioning as a
facilitation panel, the mediation panel shall
provide a statement recommending a method of
resolving any remaining points of
disagreement. If there is not unanimous
consent among panel members, a minority
opinion may be issued. It shall accompany the
majority position.
b. As with the facilitation panel, the Chair
shall write a letter documenting the meetings
which were held, the evidence and testimony
received, points of agreement, points of
disagreement, and recommendation. The letter
and any minority opinion shall be transmitted
to participating parties and the Department of
Community Affairs.
ARTICLE 8I. MISCELLANEOIIS
section 1 Deleaat<~*+ of D ty
Nothing. contained herein shall be deemed to authorize the
delegation of the constitutional or statutory duties of the state,
county, or city officers. •
22 1~~
disagreement. The letter shall be transmitted ~~
t
Section 2 Filing
• A copy of this Agreement shall be filed with tha Clerk of the
Circuit Court in and for Palm Beach County.
Section 3. Limited ?.iAfiil{*.,
No participant shall in any manner.be obligated;to pay any
debts, obligations or liabilities arising as a result of any
actions of the Executive Committee. The Executive Committee members
have no authority or power to obligate the participants in any
manner.
Section 4 Amendmen s
This Agreement may be amended in writing at any time by the
concurrence of a two-thirds vote of the entire membership of the
Executive Committee and subsequent ratification by all of the
participants in this Agreement and any Participation Agreement.
Section 5. Controlling aw
This Agreement shall be construed by and governed by the laws
of the State of Florida.
Section 6. Effective Date~'~'p+-+~+
This Agreement shall be effective on October.i, 1993, and
shall continue in full force and effect unless all the participants
withdraw in accordance with Section 7.
Section 7. Withdrawal
Any participant may withdraw as a party to this Agreement
after October 1, 1994, upon sixty (60) days written notice to the
Chair of the Executive Committee. Any participation Pees paid will
• not be returned and the participant will cease activities in the
23
program outlined in this Agreement. Suspension of participation in
this Agreement will occur upon the nonpayment of the fee prescribed
herein or for the nonperformance of any of the terms and conditions
of this Agreement by any participant. The suspension will be
effective thirty (30) days after date • of ~- notice-• from the
Clearinghouse that noncompliance has occurred. Any participant
receiving such notice shall have an opportunity to cure its
noncompliance• in a reasonable time. Upon compliance, the
participant shall be notified by the Clearinghouse of its
reinstatement as a participant.
IN WITNESS WHEREOF, this Agreement has been executed by the
participants as of the date and year indicated above.
1~ ~; . .
`~~' ATTEST: CITY OF ATLANTIS
i;
7
Ci y~Cl r .Clyde F. Farmer, Mayor
,';,~ ';U; ,.
ATTEST:' ' ~' *BELLE GLADE
By: i~
.~~,, ity Clerk --
*Nothing in this
delegation of~
ATTEST: CITY Olr BOCFsi
~' City Clerk ',. /
24
will au~dtorize the
.~,~gi ative authority.
• •~
•
'•`
ATTEST:
•
City Clerk C
ATTEST:
CITY OF BOYNTO BEACH
--
By: ~~~~'~~~
E. .F. Harman ng ayor
T0~7N OF BRINY..BREF~ZES
By: ~ By; ~~ ..
` ~~~~(~ `
Town~Cl k( ,,y_ ,,, ,>H gh Dav d, Mayor
A EST: TOWN OF CLOUD LAKE
By : BY ~.
Town le Robert R. Reynolds, III,
Council Chairman
ATTEST:
. ~(~L~~yG~~i
City Clerk By. T` hotnas E: nch, Mayor)
L~
ATTEST:
V lli age .C ark
ATTEST:
CITY OF DELRAY BEACH
VILLP.GE OF GOLF
Donald H. Gustafson, Mayor
CITY OF
BY: 7,f1//~R~ /1~. ~~t~~ By:
ity Clerk mu ~~erreri, Mayor
,.~
~~ ;:.
;f;
. ~`~~•
25
ATTEST:
TOWN OF GULF STREAM
By: ~ gy; ~ ~ ~
~-
Town le 1 iam Koch, Jr., Mayor
ATTEST:
TOWN OF HIGHLAND BEACH
3y: ~_~ / '
Ar3fn Voress, Mayor
ATTEST: TOWN OF HYPOLUXO
.~/ r /'
Town Clerk Al M- yon, Mayor
ATTEST:
By:
Town Clerk
i.
''ATTEST:
~By. ~~
. To Cler
ATTEST•
By:
Town Clerk
TOWN OF JUNO BEACH
BY:-~?i/7l a~it.~ o
Frank W. Harris, Mayor
TOWN OF JUPITER
By: ~o,~_
Karen Golo ka, yor
TOWN OF JUPITER INLET COLONY
By: CHOSE NOT 7b PARTICIPATE AT THIS TIME
N cholas F. Porto, Mayor
26
• `}`
•
L.
ATTEST:
• By : ~ ~ial~J .~,U
Town ,Clerk
., ~•
~,.
•. :.
TOWN OF LAKE CLARKE SHORES
By:
Gregor asey, Mayor
ATTEST: CITY OF LAKE WORTH
j' (SEAL)
By: ,,~By: ~ .~:~
bara A. Fors e, R dne mano, Mayor ~~
C' y Cleprko .,, '
DATE: 7. ~/. !~ ~ ;, ..,
ATTEST:
:'
Town Clerk
~ ~ ,
TOWN OF A ~ ! ~ ,
By:
Rober McDonald, Mayor
a .
:.
.; ,
ATTEST: TOWN OF MANALAPAN
/ i
Charles H. Helm, ~G. Kent Shortz, M.D., Mayor
Town Clerk
:i
ATTEST: ~ TOWN OF ONIA,PARK
By: ~ gy; v
Town Clerk a M. Eng s yor
AT'PEST:
' Town Clerk `-
•
TO OCEAN R GE ~
By:
Dan el J. Connell, yor
27
ATTEST:
BY: ~_~_~~
City C er
CITY OF PAHOKEE .-.,
Y~ ,~ •
RSmon Horta, Jr., Mayor
ATTEST: TOWN OF PALM BEACH .
J ~ : ~ l ~~
Tow Cler .- W 11 am We nbu ,
Town Council Pre dent
DATE:
ATTEST: PALM BEACH COUNTY BOARD OF COUNTY
COMMISSIONERS
DOROTHY H. WILKEN, Clerk
!~ +~ Clerk ~ Mary -McC~ty, Chair
,......~
R 93 g 0 2, r _ of cou~v y,,,
APPROVED AS TO FORM ~ g~ '.p,
AND LEGA SUFF CIENCY ~ T; f~'~ `'~ ;~~
.ti, r,~
%~' Cv^titiTl; ''
:r~~ ~~;
By • County tto ney ~~'~i~?~t C f' ~,}t' ~'`
'43>~ ~- gt>__
ATTEST: CITY OF PALM
gy• By:,l
ity. Clerk ~ 'h ;
STATE OF FLORIDA, COUNTY OF PALM BEACH
I, CvRGTHY H. WILI<EN, ex-ofliclo Clerk o! the
` ~~F+1iG~ of C~.ur:!y Commissierers ce ~ify this to be 2
r~ ~y0.(3~,G'frdLi CC~y Cf itle CilGifl2i ?~~e;~'n my C}iiC9
Q~-rU~F~BpcI,, ~••~O~~i ?3iRc u32~..,1, ~~. :%.':1,1..L_-.[.~/ /3
C(iUp'Z•(~~r %i'iL'rCEN ~ieC~ ,..._ .,. ~.
~ t );~
~on~c'~
ATTEST:
TOWN OF PALM BEACH SHORES
• BY : ~LL•7 a L~ c/ ~ ~ ~ aw~+~/ B
: ~"
y
_ .!~l~lw~.(F ~/ l/
wC~c.p~LF
Town Clerk Thoma s lcote, Mayor
EXECUTED on :•~ .,,?3 by authority of the Village Council
as provided" n'Resoltit on R93-19.
f ..
•• ATTEST: VILLAGE COUNCIL OF THE VILLAGE OF
PALM SPRI ~~~ ///!~
.. ~~
BY%. ~i•r . ~ .. e<u ~ By:
• 'Irene L. Burrou s,~ Ri hard H. Jette;/~ 'yo' r
Village Clerk {~
(SEAL)
ATZ
By.
ATT
CITY O R VIERA BEACH
y
Clara K. Williams
Mayor, City of Riviera Beach
VILLAGE OF ROYAL PALM BEACH
BY ~ ~ By
lage Clerk
ATTEST:
CITY OF SOUTH BAY
By: '/t-2~` ~LC~GL.r• ~/l ~~ ~1~^J By:
City Clerk
• By:
•
29
ATTEST: TOWN OF SOUTH PALM BEACH
BY~ ~ B
• Tow Jerk ar oberts, Mayor
ATTEST:
• J
.. Bx ~ .. ~~s, . 0O/
~,~,_~ , ~ z''!•:o~,'n Clerk
i;; ~ +,
•.,P,TTES'r•f~~
~:..
By
Agnes Hayhu t,
.. •City Clerk
.`;
VILLAGE. OAF TEQUESTA....
Ro T'. Mackail, May r
CITY OF ST PALM BEACH
By:
ancy Gra am, Mayor
(INTENTIONALLY LEFT BLANK)
30
~',
C~
...
•
ATTEST:
BOCA RATON AIRPORT AUTHORITY
' eo W. B ank, Chai man
ATTEST:
By:
William G ~ inters,
Secretar
LAKE WORTH DRAINAGE STRICT ''
By:
John I. hltworth, III,
President
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
M t• rney for
Lake Worth D inage District
ATT
R Dent,
Executive Director
LOXAHATCHEE RIVER ENVIRONMENTAL
CONTROL DISTRICT
By:
George G. Gentile, Chairman
ATTESTS
Gaq~ M. Engli~,
General Manag r
Cs\gengovt\dmd\suggtxt.mep
•
SOUTH INDIAN WATER CONTROL DISTRICT
By:
T mas H. Powell, President
Or: ,
av d J. Bea Vice-President
31
ATTEST: NORTHERN PALM BEACH C
WATE OL DISTRI •
r
By: By;
Pete Pimentel, District Secretary William Kerslake, President
APPROVED AS TO FORM
AND GALS FI CY
By:
Ken Edwards, Legal Counsel
`e.
~: ~
~J,~
i~
SCHOOL BOARD OF PALM BEACH''. ~ ~'~`''
COUNTY
By: a<Q _ _ ... .
:•,~..,
ATTEST:
Monica Uhlhom, Superuttendent ~
1 Bjork, C
(INTENTIONALLY LEFT BLANK)
32
..~,`
~•
:~,"
•
• PARTICIPATION AGREEMENT
THIS AGREEMENT dated this day oP
1993, entered into by and among
a
(local government or aerviee provider)
hereinafter "New Participant", and the various parties executing
the Interlocal Agreement dated October 1, 1993, hereinafter "Master
Agreement";
W I T N E S S E T H:
WHEREAS, an intergovernmental coordination program for
reviewing proposed changes to adopted comprehensive plans which
fully utilizes the existing Chapter 163 comprehensive planning
process with minimal bureaucracy and expense for local governments
and service providers has been established as evidenced by that
certain Interlocal Agreement dated October 1, 1993; and
WHEREAS, desires to become a
participant under said agreement; and
WHEREAS, pursuant to Article IV, Section 1 of the Master
Agreement, participation is authorized upon the execution of this
unilateral Participation Agreement.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is agreed and understood by and among the
undersigned New Participant and the participants in the Master
Agreement as follows:
1. Upon execution of this Agreement and upon payment of the
~nual participation fee prescribed in Article IV, Section 2 of the
Master Agreement, New Participant will become a participant in the
EXHIBIT
ATTEST:
LOXAHATCHEE GROVES WATER
CONNTROL DISTRICT (` ~~-----
By: ~ By~ UG~4~t..~+_ C
William H. Thrasher, Distn t Director Meredi Fox, Chairman of the Boazd of
Supervisors
(INTENTIONALLY LEFT BLANI:)
33
.^ .
a.,
•