R91-71RESOLUTION NO. R91-7/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, 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..
WI{EREAS, DERM and FDER are in the process of
Inegotiating an agreement which will turn over environmental
permitting responsibilities to DER~; and
WHEREAS, as a result of the proposed delegation of
Ipermitting responsibilities, DERM will likely need to
increase staffiRg resulting in increased costs to the
!taxpayers to maintain the Department; and
WHEREAS, the County may provide local regulation over
unincorporated areas by separate ordinance, however,
'palities 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
for services presently provided by the State is in
~tion 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
WI~EREAS, the City of Boynton Beach does not know of, or
has not been given an opportunity to comment on this
agreement; and
WHEREAS, %here is significant concern about consistency
in applying regulations. Florida Department of
Environmental Regulations (FDER) staff apply environmental
rules evenly throughout 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 regulation through the courts if
application is found inconsistent; and
WHEREAS, historically, municipal governments such as
the City of Boynton Beach have regulated their jurisdictions
and the County has handled the unincorporated areas. FDER
has had authority over waters of the State. This system has
functioned efficiently and the concepts of "homerule" and
"equal treatment 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 CITY CO~MISSION
OF THE CITY OF BO~NTON BEACH, FLORIDA, T~AT:
Section 1. The
opposes the delegation
the FDER (State) to DERM
City of Boynton Beach, Florida
of regulatory responsibility from
(County).
Section 2. Further, we, the City Commission of the
City of Boynton Beach, Florida, on behalf of the citizens of
the City of Boynton Beach, 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.
PASSED AND ADOPTED this /~ day of April, 1991.
CITY OF BOYNTON BEACH, FLORIDA
~ATTEST.
ion~r -
Ci~ Clerk~ --
CorDor a~_~se a 1 )