Resolution 053-1993
Monroe County Commission
RESOLUTION NO. 053 -1993
A RESOLUTION AUTHORIZING THE MAYOR OF MONROE
COUNTY, FLORIDA, TO EXECUTE ON BEHALF OF THE
COUNTY AN INTERLOCAL AGREEMENT WITH DADE AND
BROWARD COUNTIES CREATING THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to
sign and execute on behalf of Monroe County an Interlocal
agreement with Dade and Broward Counties creating the South
Florida Regional Planning Council, a copy of same being attached
hereto and made a part hereof.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 2!h day of February, 1993.
Mayor London
Mayor Pro Tem Cheal
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Commissioner Harvey
Commissioner Freeman
Commissioner Reich
(SEAL)
Attest: DANNY KOLHAGE, Clerk
BY~C,~
eputy er
BOARD OF COUNTY COMMISSIONERS
OF MON E COUNTY, FLORIDA
viexecute
FIRST AMENDMENT TO
INTBRLOCAL AGREBMENT CREATING A
SOtJ11'B FLORIDA UGIONAL PLANNING COUNCIL
THIS is a First Amendment to the Agreement made and entered
into this ____ day of , 1993, pursuant ~o the authority of
Section 163.01, Florida Statutes, as amended, by and between the
counties of Broward, Dade, and Monroe, each being a political
subdivision of the State of Florida,
WIT N E SSE T H:
WHEREAS, section 163.01(4) of the Florida Statutes provides'
that "a public agency of the State of Florida may exercise jointly
with any other public agency of the State, or any other State, or
of the united States Government any power, privilege, or authority
which such agencies share in common and which each might exercise
separately"; and
WHEREAS, the parties hereto desire to make the most efficient
use of their powers to cooperate for mutual advantage in conducting
the regional planning process for the 11th Comprehensive
Planning District, and
WHEREAS, the South Florida Regional Planning Council
(hereinafter referred to as the "Council") has, since its
inception, functioned consistent with and in appreciation for the
requirements of Chapters 380, 163, and 186, of the Florida
Statutes, in addition to the applicable provisions of the Florida
Administrative Code set forth in Rules 9J, 28, and 29J, and such
interpretations of same by the State of Florida, Department of
Community Affairs; and
WHEREAS, the parties hereto have met, conferred and concluded
that it is in the best interests of the parties to amend this
Agreement, confirm and ratify the relationship between the parties,
and to set forth certain additional terms, conditions and
provisions which will guide the Council and the constituent
governmental entities made a part hereof, into the future,
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irrespective of House Bill 1061 (1992), and also known as Laws of
Florida, 92-182, and codified in Chapter 186, Florida statutes; and
WHEREAS, certain additional functions and responsibilities of
the Council are requested by the parties hereto and the
governmental agencies served by the Council are set forth
hereinafter to the extent of such requests an~ obligations; and
WHEREAS, the parties hereto have further reviewed the need for
future activities associated with regional planning, local
comprehensive planning, large-scale development review (DRI),
inter-governmental coordination and review (ICR), hazardous
materials planning, urban development strategies, economic
development issues, wa.ter resources issues, wetlands resources
issues, transportation planning requirements, air quality,
hurricane preparedness, coastal zone management, solid waste
management, capital facilities, social and economic disparities,
affordable housing, information management, conflict mediation,
educational facility planning, historical/archaeological resources
preservation, globalization of the south Florida region, aviation
and the precepts set forth in the Regional Plan for South Florida
set forth in Rule 29J-2.007, Florida Administrative Code, effective
August 14, 1991; and
WHEREAS, the Environmental Land and Water Management Act,
Chapter 380 of the Florida Statutes, assigns to regional planning
agencies the duty to study, review, and make recommendations
concerning "Developments of Regional Impact" and "Areas of Critical
State Concern", and
WHEREAS, the Office of Management and Budget, Executive Office
of the president, designates comprehensive regional planning
agencies as areawide clearinghouses responsible for review and
coordination regarding certain Federal programs, and
WHEREAS, the Division of State Planning of the State of
Florida, Department of Administration, is required by Part I of
Chapter 23, Florida Statutes, to integrate the services and plans
of local governments and regional planning agencies into the State
planning process to the extent feasible, and
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'WHEREAS, Rule'27E-1.003, et seq, of the Administrative Code
of the state of Florida established the geographical region of the
11th
Comprehensive Planning District, comprising Broward, Dade
and Monroe counties: and
WHEREAS, the parties hereto wish to set forth their mutual and
collective intent to continue the functions, duties and
responsibilities of the council in accordance with the terms,
conditions and provisions hereof and the aforementioned provisions
of general law, rules and regulations of the state of Florida:
NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises,
covenants, benefits to accrue from conduct of a comprehensive
regional planning process, and agreements herein contained and set
,
forth, the parties signatory to hereby establish the "South Florida
Regional Planning Council", of the 11th Region as a regional
planning and coordinating agency, a separate legal entity, and do
further delegate such of their powers as are specified herein and
agree as follows:
1. Purpose: The purposes of this Agreement are:
a. To provide local' governments with a means of
exercising the rights, duties, and powers of a Regional
Planning Agency as defined in chapters 23, 163, 186 and
380 of the Florida Statutes, including those functions
enumerated hereinabove by preambles, and other app1 icab1e
Florida, Federal and local law.
b. To provide a means for conducting the comprehensive
regional planning process.
c. To provide regional coordination for the members of
the Council.
d. To exchange, interchange, and review the various
programs of the lndi vidual members which are of the
regional concern.
e. To promote communication among members and the
identification and resolution of common regional-scale
problems.
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f. To cooperate with Federal, State, local and non-
governmental agencies and citizens to ensure the orderly
and harmonious coordination of State, Federal and local
planning and development programs in order to assure the
orderly, economic, and balanced growth and development of
the Region, consistent with the protection of the natural
resources and environment of the Region and to protect
the health, safety, welfare and quality of life of the
residents of the Region.
g. To further and enhance the counties' public
involvement and responsibilities associated with regional
planning, local comprehensive planning, large-scale
development review (DRI) , inter-governmental coordination
and review (ICR) , hazardous materials planning, urban
development strategies, economic development issues,
water resources issues, wetlands resources issues,
transportation planning requirements, air quality,
hurricane preparedness, coastal zone management, solid
waste management, capital facilities, social and economic
disparities, affordable housing, information management,
conflict mediation, educational facility planning,
historical/archaeological resources preservation,
globalization of the South Florida region, aviation and
the precepts set forth in the Regional Plan for South
Florida in Rule 29J-2.007, Florida Administrative Code,
effective August 14, 1991.
2 . Comprehensive Regional Planning Process:
a. The Council shall prepare and amend from time to
time as necessary, a comprehensive plan or portions
thereof for its Region. The comprehensive plan shall
include a description of the continuous planning process
and provide materials in both written and graphic form
and in other descriptive form which shall prescribe
guidelines for the orderly and balanced economic, social,
physical, and fiscal development of the Region to promote
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health, safety, welfare, comfort, order, convenience, and
general welfare. The comprehensive plan shall embody the
guidelines of the Council and shall include, but not be
limited to:
(1) a statement of the objectives, standards, and
principles sought to be expres~ed in the plan or
its elements and the continuous planning process;
(2) recommended guidelines for the most desirable
pattern and intensity of activity within the Region
in the light of the best available information
concerning natural environmental factors, the
present and prospective social, economic and
demographic basis of the area, and the relation of
activity within the area to activity to the
adjoining areas. The activity pattern shall
provide for open space as well as urban and rural
development, and shall include recommended
regional-scale elements of urban and rural
activities and systems;
(3) recommended guidelines for the general
circulation system for the area including land,
water and air transportation and communication
facilities whether used for movement within the
area or to and from adj oining and more remote
areas;
(4) recommended guidelines concerning the need
for, and proposed general location of federal,
state, local and other public and private works and
facilities which by reason of their function, size,
extent, or for any other cause extend beyond the
boundaries of the jurisdiction of any unit of local
general purpose gov~rnment within the Region;
(5) recommended guidelines for the long range
financing and schedul ing of capital proj ects and
facilities;
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(6) recommended guidelines for meeting the housing
needs of existing and prospective indigenous and
immigrant population of the Region:
(7) to the extent possible, recommended guidelines
for programs within the Region for adequate
economy, including industr~al development,
commerce, and trade: human resources, health
services: management of solid and liquid waste:
water supply and distribution: natural resource
protection: agriculture' manpower planning,
broadened employment opportunity, community
facilities: quality education: public utilities and
services: parks and recreation: water resources:
air and water pollution: environmental health:
elimination of poverty: and effective and efficient
law enforcement, taking into account the purpose,
nature and methods of regional plans and programs:
and
(8) such other guidelines and recommendations as
the Council may deem appropriate concerning current
and impending problems as may affect the Region.
b. In preparing its comprehensive regional plan, the
Council shall consider appropriate studies, reports,
plans and regulations, and shall take into account the
existing and prospective resources, capabilities, needs
and efforts of the units of local government located
within the boundaries of the Region.
c. The comprehensive plan, portions thereof, and any
amendments thereto shall be officially adopted by a
majority vote of those members present and voting at a
legal meeting after submission to the division of state
planning, and to the governing body of each unit of local
general purpose government within the Region for a period
of not less than thirty days prior to a hearing to be
held by the Council thereon after adequate notice.
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d. subsequent to the date of adoption of the
comprehensive plan or element thereof by the Council, it
shall not establish any policy or take any action which
is not in conformity therewith or amendments thereto.
e. The comprehensive plan may be amended in the same
manner as provided for the oriqinal a~option, but if the
Council determines that a proposed amendment has less
than Reqion-wide effect, such amendment may be submitted
only to the qoverninq bodies of those units of local
qovernment which the Council shall determine to be
affected and to the division of state planninq.
f. The Council shall annually, on or before July 1,
conduct a hearinq to review the comprehensive plan, or
completed parts of it, and the proqress made for
implementation of the plan or parts thereof to determine
whether it is advisable to amend the plan. Notice, at
least ten days prior to said hearinq, shall be qiven to
the division of state planninq, all local units of
qeneral purpose qovernment, and newspapers o~ qeneral
circulation within the Reqion.
3. Effective Date. Duration. Termination and Withdrawal:
a. The effective date of the Council will be July 1,
1974.
b. This Aqreement shall continue and shall be effective
from year to year without the necessity of formal renewal
by any party hereto, unless terminated as provided for in
Section 3(q) hereinafter.
c. Amendments to this Aqreement shall, require three-
fourths (3/4) vote of principal members in addition to
the three-fourths (3/4) vote of the votinq members of the
Council. Any amendments reqardinq membership, votinq and
finances shall be made- only by the principal member
units. Any amendment to this Aqreement shall be
submitted, in writinq, to each votinq member at least
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fifteen (15) days prior to the meeting at which such
amendment is to be voted upon.
d. Any party hereto or principal member uni 1: may
withdraw its membership by resolution duly adopted by its
qoverninq body, and upon giving twelve (12) months
written notice of withdrawal to the chairman of the
governing body of each principal member unit, without the
effect of terminatinq this aqreement. Contractual
obligations of the withdrawing member shall continue
until the effective date of the withdrawal. All
property, real or personal, of the Council on the
effective date of such withdrawal shall remain the
property of Council and the withdrawing principal member
unit shall have no right thereto.
e. In the event there is a complete termination of this
agreement which would involve the disposition of the
property of Council, such property shall be liquidated
and each participatory county shall be entitled to a
share of the proceeds bearing the same ratio to the total
proceeds as the contribution of the participatory county
during the preceding fiscal year of the Council.
f. In case of a complete termination of this Agreement,
the non-federal matching contribution required to match
any approved Federal or State grant shall be firm. The
project(s) shall be completed and the required reports
and accounting shall be completed.
g. This Agreement may be terminated at any time by
resolution duly adopted by the governing body of each and
every principal member unit.
4. MembershiD:
a. Membership of the Council shall be as provided for
in Chapter 380, Florida statutes, as amended from time to
time, and the provisions set forth in Chapter 29J-1,
Florida Administrative Code.
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b. The principal members shall be selected by the
governing body of the respective principal member units.
c. The Council shall adopt bylaws at its first meeting
after the effective date and the bylaws shall specify the
procedures for selection of participating members from
within each principal member unit. ~he procedures must
provide for the broadest possible representation of
municipal interests in each county, and as otherwise
provided for in Chapter 29J-1, Florida Administrative
Code.
5. Officers: The officers of the Council shall consist of
the following:
a. A Chairman, who shall be the chief policy officer,
is responsible for overseeing the organization of work of
the Council, for seeing that all policies of the Council
are carried out, and for presiding over all Council
meetings. The Chairman or designated representative
shall be ex officio a member of all subsidiary committees
and boards.
b. A Vice Chairman, who shall act in the Chairman's
absence or inability to act. The Vice Chairman shall
perform such other functions as the Council, shall, from
time to time, assign.
c. A Secretary, who shall be responsible for minutes of
the meeting, keeping the roll of members, and other such
duties as may be assigned by the Chairman or the members.
d. A Treasurer, who shall be responsible for the
financial affairs of the Council.
e. The original officers shall be as hereinafter
provided. Thereafter, the officers shall be elected at
the annual meeting of the Council and shall hold office
for one (1) year or until their respective successors are
elected and qualified.
f. An Executive Committee, consisting of the Chairman,
immediate past Chairman, Vice Chairman, Secretary,
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Treasurer, and two other members elected by the Council,
to ensure representation from within each participatory
county, shall be established to act for the Council when
necessary to meet any emergency or to deal with any
matters when it would be impossible or inconvenient to
convene a meeting of the full Council.. The governance of
the Executive Committee shall also be as provided for in
Rule 29J-1. 007, "Officers, Term' of Office and Duties", of
the Florida Administrative Code, as amended from time to
time.
6. Meetinas:
a. There shall be an annual meeting for the election of
officers.
b. Regular meetings shall be held at least once each
month.
c. Special meetings may be called by the Chairman at
his discretion and shall be called by the Chairman when
requested by voting members from two-thirds (2/3) of the
participating counties. '
d. The place and time of each meeting shall be
determined by the membership prior to the adjournment of
the previous meeting. In the absence .of such a
determination, the time and place of meetings shall be
determined by the Chairman.
e. A quorum at any meeting shall consist of a majority
of the voting members present. When a quorum has been
determined to be present, a majority of those present may
take action on all matters present at the meeting. Each
member present shall vote on each question presented to
the Council except in the event that a member requests
disqualification for cause and leaves the room. Proxy
voting is prohibited.
f. The Secretary or nominee shall keep minutes of each
meeting and distribute a copy thereof to each voting
member.
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7. Finances:
a. The Council shall adopt a work program and budget
for each fiscal year and shall, on or before September
30, certify a copy thereof to the Clerk of the governing
body of each principal member unit. Each principal
member unit shall include in its .annual budget and
provide to the Council funds in an amount sufficient to
fund its proportionate or minimum share of the Council's
adopted budget.
b. The proportionate share of the budget of the Council
shall be an amount which bears the same ratio to the
local share of the total annual Council budget as the
population of each principal member unit bears to the
total population of all participatory counties, based
upon the most current annual population estimates
provided by the Department of Administration pursuant to
Section 23.019, Florida Statutes. The local share is the
total annual budget minus funds supplied to the Council
under contract with Federal or State agencies.
c. The Council in adopting its annual budget, may
establish a reasonable minimum financial contribution
from each principal member unit.
d. The Council shall have the right to receive and
accept in furtherance of its functions: funds, grants and
services from federal, state and local government or
their agencies and from private and community sources,
and to expend therefrom such sums of money as shall be
deemed necessary from time to time for the attainment of
its objectives in accordance with all applicable laws.
8. Powers: The Council shall have all powers granted
herein, including:
a. The powers granted by Chapters 23, 163, 186, and 380
of the Florida Statutes as now existing or as from time
to time amended.
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b. To conduct studies of the Regions's ~esources with
respect to existing and emerging problems of industry,
commerce, transportation, population, housing,
agriculture, public services, human resources, natural
resources, local government, relative tax effort and
fiscal capacity of local government:s, and any other
matters which are relevant to regional planning.
c. To adopt rules of procedure and bylaws, to regulate
its affairs and conduct business.
d. To adopt an official seal.
e. To maintain an office at such place within the
region as may from time to time be determined.
f. To employ and set the compensation of the executive
director, who shall serve at the pleasure of the Council.
The executive director shall employ and remove
professional, technical, clerical or other staff as may
be n~cessary to accomplish the work authorized by the
Council. The executive director may make agreements with
local planning or other public agencies, within or
without the geographic boundaries of the Region, for
temporary transfer, loan, or other cooperative use of
staff employees and, with the consent of the Councilor
pursuant to procedures established by the Council, may
acquire the services of consultants and enter into
contracts on behalf of the Council.
g. To authorize compensation for members of the Council
for per diem, travel, and other reasonable expenses for
meetings, hearings, and other official business,
consistent with the provisions of Chapter 112, Florida
statutes, as amended, from time to time, and such
interpretations of same by the state of Florida,
Commission on Ethics.
h. To hold public hearings, sponsor pUblic forums, and
conduct other activities whenever deemed necessary or
useful in the execution of the functions of the Council.
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i. To acquire, own, operate, maintain, lease or sell
real or personal property and hold title thereto in the
name of the Council.
j. To fix and determine in accordance with applicable
laws by resolution, rules and regulations relating to
advertisement for bids, manner of ~idding and amount
below which same will not be required.
k. To sue and be sued, implead and be impleaded,
complain and defend, intervene and appeal in all courts
and administrative agencies.
1. To accept gifts, apply for and use grants or loans
of money or other property from the united states, the
state, a local unit of government or any person, for any
Council purpose and to enter into agreements required in
connection therewith, and to hold, use, and dispose of
such monies or property in accordance with the terms of
the gift, grant, loan or agreement relating thereto.
m. To make and enter into all contracts and agreements,
and do and perform all acts and deeds necessary or
incidental to the performance of its duties and the
exercise of its powers.
n. To prescribe all terms and conditions for the
employment of officers, employees, and agents including
but not limited to the fixing of compensation and
classification plans, benefits, and the filing of
performance and fidelity bonds and such policies of
insurance covering itself and employees as it may deem
advisable.
o. To participate with other government agencies,
educational institutions, and private organizations in
the coordination of the activities above.
p. To fix and collect cha,rges or fees for the provision
of local assistance services and for reviews and
referrals.
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q. To select and appoint such advisory bodies as the
Council may find appropriate for the conduct of its
activities.
r. To select and appoint by three-fourths (3/4) vote
such ex officio, non-voting members to the Council as the
Council may deem appropriate.
s. To enter into contracts to provide, at cost, such
services related to its responsibilities as may be
requested by local governments within the Region and
which the Council finds feasible to perform.
9. Definitions:
a. Principal member unit -- a county signatory to this
Agreement.
b. Principal member a county commissioner
representing a principal member unit.
c. Participating member an elected municipal
official representing municipalities within a principal
member unit.
d. Participatory county -- a county signatory to this
Agreement whose proportionate share of the local share of
the total annual Council budget is paid.
e. Voting member an elected local government
official representing a participatory county or
municipalities within a participatory county.
10. Transfer: The assets, liabilities, contract obligations,
operating procedures and the policies, officers, and staff of
the agency organized under Chapter 186, Florida statutes, as
amended, from time to time, and heretofore known as the South
Florida Regional Planning Council, are hereby transferred to
the Council.
11. Severability: If any section, subsection, sentence,
clause, phrase or word of this Agreement is for any reason
held or declared to be unconstitutional, invalid, inoperative,
ineffective, inapplicable or void, such invalidity or
unconstitutionality shall not be construed to affect the
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. .
portions of this Agreement not so held to be unconstitutional,
void, invalid, or ineffective; any such inapplicable or void
portion or portions of this Agreement did not induce its
passage,
and
without
the
inclusion
of
any
such
unconstitutional, illegal, invalid, ineffective or void
portions of this Agreement, the signatory parties would have
enacted the valid and constitutional portions thereof.
12. It is expressly understood the terms and conditions of,
and this Agreement, shall be effective between and among those
parties signatory hereto; and that the validity, force and
effect of their Agreement shall not be affected by one or more
of the parties named herein not joining in this Agreement, any
other provision of this Agreement to the contrary
notwithstanding.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed and their signatures to be affixed as of the day and
year hereinafter set forth.
Executed this 9th day of
February , 1993 by:
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
Chairman
~~
ounty rney
Executed this ___day of
, 1993 by:
this c;;JC:, day of
, 1993 by:
.'"VYWD _ 10 ~..
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~ fftty lItto,......,
Approved as to form:
BY:
SOUTH FLORIDA REGIONAL PLANNING COUNCIL
SFRPC General Counsel
BY:
Chairman
[k:\w\sfrpc\newagMt.2l
(rev. 10/28/92:01/05/93:01/15/93)
AS TO MONROE COUNTY:
ATTEST: DANNY L. KOLHAGE, CLERK
By
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Deputy Clerk