HomeMy WebLinkAbout2005-090RESOLUTION NO. 2005- 090
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING
THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE
THE AMENDED AND RESTATED
INTERLOCAL AGREEMENT CREATING
THE TREASURE COAST REGIONAL
PLANNING COUNCIL.
WHEREAS, the Treasure Coast Regional Planning Council was created
by interlocal agreement entered into on August 19, 1976 by and between Palm
Beach County, Martin County, St. Lucie County, and Indian River County
pursuant to the Florida Interlocal Cooperation Act of 1969; and
WHEREAS, paragraph 3(c) of that agreement provides that any
amendments to the agreement shall be in writing and set forth an effective date,
and that to put into effect any amendment each principal member unit shall adopt
a resolution authorizing its chairman or chief elected official to execute the
amendment;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of Indian River County, Florida, that the Chairman of the Board
of County Commissioners is authorized to execute the Amended and Restated
Interlocal Agreement Creating the Treasure Coast Regional Planning Council.
The resolution was moved for adoption by Commissioner Davi s
and the motion was seconded by Commissioner Neuberger
put to a vote, the vote was as follows:
Thomas S. Lowther, Chairman Aye
Arthur R. Neuberger, Vice Chairman Aye
Wesley S. Davis Aye
Gary C. Wheeler Aye
Sandra L. Bowden Aye
, and, upon being
Transmittal Letter
To: Joseph A. Baird
County Administrator
Indian River County
1840 25th Street
Vero Beach, FL 32960-3365
We are sending you --
(1) Recorded copy of the Amended and Restated Interlocal Agreement
Treasure Coast Regional Planning Council
These are transmitted as checked below
X For your files
As requested
For review and comment
Remarks
Please contact Michael Busha if you have any questions.
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RESOLUTION NO. 2005- 090
The Chairman thereupon declared the resolution duly passed and adopted
this 14th day of June, 2005.
Jeffrey K. Bart • -, _ erk
Deputy Clerk
Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By C\\\ S,
Thomas S. Lowther, Chairman
Approved as to form
and legal sufficiency:
By: Z.2
.
William G. Collins II
County Attorney
2
F:\Attorney\Nancy\DOCS\RES\RESO treasure coast regional planning council.doc
1739285
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 2013 PG:852, Pagel of 13
03/29/2006 at 09:31 AM,
JEFFREY K BARTON, CLERK OF
COURT
R2005 2118 ocriocus
AMENDED AND RESTATED
INTERLOCAL AGREEMENT
CREATING TBE
TREASURE COAST REGIONAL PLANNING COUNCIL
Prepared;bv:
Roger G. Saberson
Roger G. Saberson, P.A.
70 SE 4th Avenue
Delray Beach, FL 33483
Return to:
Liz Gulick
Treasure Coast Regional Planning Council
301 East Ocean Blvd, Suite 300
Stuart, FL 34994
•
AMENDED AND RESTATED
INTERLOCAL AGREEMENT
CREATING THE TREASURE COAST REGIONAL PLANNING COUNCIL
THIS AMENDED AND RESTATED AGREEMENT, made and entered into this day of November 2004,
pursuant to authority of Section 163.01, Florida Statutes, by and between:
INDIAN RIVER COUNTY
MARTIN COUNTY
PALM BEACH COUNTY
and
ST. LUCIE COUNTY
WITNESSETH:
WHEREAS, The Florida Interlocal Cooperation. Act of 1969, Section 163.01, Florida Statutes, permits local
government units to make the most efficient use of their powers by enabling them to cooperate with other localities
on the basis of mutual advantage; and
WHEREAS, The Treasure Coast Regional Planning Council was created by Interlocal Agreement entered into
on August 19, 1976 ("1976 Interlocal Agreement") by and between Palm Beach County, Martin County, St. Lucie
County, and Indian River County pursuant to the Florida Interlocal Cooperation Act of 1969; and
WHEREAS, in 1980 the Florida legislature amended the provisions of Chapter 160 of the Florida Statutes
pertaining to regional planning councils; and
WHEREAS, the 1980 amendments to Chapter 160 of the Florida Statutes provided that existing regional
planning councils organized under the Florida Interlocal Cooperation Act of 1969 would be the designated regional
planning council for their area provided the council agreed to meet the membership criteria established therein; and
WHEREAS, Palm Beach County, Martin County, St. Lucie County, and Indian River County entered into an
amendment to the 1976 Interlocal Agreement, on November 25, 1980 which complied with the requirements of
Chapter 160 of the Florida Statutes, and
WHEREAS, from August 19, 1976 the Treasure Coast Regional Planning Council which was created by the
1976 Interlocal Agreement has continuously been the regional planning councillregional planning agency for
Comprehensive Planning District X comprising Palm Beach County, Martin County, St. Lucie County and Indian
River County, Florida, and
WHEREAS, the Florida Administrative Procedure Act Section 120.54(4) requires that an agency must have a
written description of its organization and general course of its operation which is to be made available to any
person who requests it, and in part, this Amended and Restated Interlocal Agreement is to fulfill the foregoing
requirement, and
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WHEREAS, this Agreement amends, ratifies, confirms and restates, in its entirety, the Interlocal Agreement
entered on August 19, 1976, as amended on November 25, 1980, by and among the parties to this agreement
pursuant to which the Treasure Coast Regional Planning Council was originally created; and
WHEREAS, the Florida Regional Planning Council Act, mandates the creation of a Regional Planning Council
in each of the several comprehensive planning districts of the state; and,
WHEREAS, the Executive Office of the Governor has designated that Comprehensive Planning District X shall
be comprised of the counties of Indian River, Martin, Palm Beach and St. Lucie; and
WHEREAS, a declared purpose of the Florida Regional Planning Council Act is to establish a common system
of regional planning councils for areawide coordination and related cooperative activities of federal, state and local
governments and ensure a broad-based regional organization that can provide a truly regional perspective enhancing
the ability and opportunity of local governments to resolve issues and problems transcending their individual
boundaries; and
WHEREAS, it is the desire of the parties hereto to continue as a regional planning council and regional
planning agency; and
WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act,
contained in Chapter 163, Part II Florida Statutes, assigns to regional planning councils the responsibility to review
local government comprehensive plans and comprehensive plan amendments; and
WHEREAS, the Environmental Land and Water Management Act, Chapter 380, Florida Statutes, assigns to
regional planning agencies, among other duties, the duty to study, review and make recommendations concerning
areas of Critical State Concern, Florida Quality Developments, and Developments of Regional Impact; and
WHEREAS, Governor's Executive Orders 83-150 and 95-359 and Presidential Executive Order 82-12372,
designates the comprehensive regional planning agencies as areawide clearinghouses responsible for review and
coordination regarding certain Federal programs; and
WHEREAS, Regional Planning Councils are statutorily assigned various responsibilities or functions in
Chapter 163, 164, 186, 252, 260, 288, 339, 378, 380, 403, 419, 420, and 985, Florida Statutes and other applicable
federal, state and local laws.
WHEREAS, the parties hereto desire to make the most efficient use of their powers to cooperate for mutual
advantage in being a member of the Treasure Coast Regional Planning Council and to confer upon the Treasure
Coast Regional Planning Council in addition to any statutory powers it currently possesses the additional powers
herein set forth.
NOW, THEREFORE, for and in consideration of mutual promises, covenants, benefits to accrue from conduct
of a regional planning process, and agreements herein contained and set forth, the member governments do hereby
ratify and confirm the establishment and continuation, pursuant to the authority of Section 163.01 and Section
186.501, Florida Statutes, of the Treasure Coast Regional Planning Council located in Comprehensive Planning
District X consisting of the counties Indian River, Martin, Palm Beach County, and St. Lucie, hereinafter referred to
as the COUNCIL, a separate legal entity, and do further delegate such powers as are specified herein to it and agree
as follows:
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1. Purposes.
The purposes of this agreement and the Council are:
(a) To provide local governments with a. means of exercising the rights, duties and powers of a regional
planning council and regional planning agency as defined in Chapter 186, Florida Statutes and other
applicable federal, state and local laws as now existing and/or as from time to time amended.
(b) To provide a means for conducting and implementing the regional planning process.
(c) To provide regional coordination for local governments in the Treasure Coast region.
(d) To have an organization to act in an advisory capacity to exchange, interchange, and review the
various programs referred to it which are of regional concern.
(e) To promote communication among local governments in the region and the identification and
resolution of common regional -scale problems.
(f) To facilitate with Federal, State, local, and non-governmental agencies and citizens to promote the
orderly and harmonious coordination of Federal, State, regional and local planning and development
programs in order to encourage the orderly, and balanced growth and development of this region
consistent with the protection of natural resources and the environment and to enhance the quality of
life of the residents of the region and to promote their health, safety, and welfare.
(g) To encourage and promote communications between neighboring regional planning districts to attempt
to assure compatibility in development and long-range planning goals and to coordinate with
neighboring regional planning districts whenever possible and to enter into agreements with
neighboring regional planning districts pertaining to activities or projects that are of mutual interest.
(h) To have an organization that will promote areawide coordination and related cooperative activities of
federal, state and local governments insuring a broad based -regional organization that can provide a
truly regional perspective and enhance that ability and opportunity of local governments to resolve
issues and problems transcending their individual boundaries.
(i) To have an organization to review Developments of Regional Impact, Florida Quality Developments
and other developments as defined or set forth in Chapter 380, Florida Statutes, which will collect
review fees and make recommendations to the local government(s) of jurisdiction for applications to
be approved, denied or approved subject to conditions, restrictions or limitations so that development
within the region is consistent with adopted Strategic Regional Policy Plan and the applicable Local
Government Comprehensive Plans.
(k) To have an organization to carry out the duties, functions and activities that are to the mutual
advantage of the local government units within Comprehensive Planning District X.
(1) To have an organization to carry out other duties, functions and activities for other public purposes
consistent with the powers conferred herein.
2. Definitions.
(a) Alternate -a policy board member of the Council when serving in the. absence of an Appointed
Representative.
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(b) Appointed Representative — policy board member of the Council.
(c) Comprehensive Planning Districts — the geographic areas within the state specified by the Executive
Office of the Governor.
(d) Contribution — any monies received by the Council from a member government.
(e) Council — the TREASURE COAST REGIONAL PLANNING COUNCIL.
(f) Elected Official — a member of the Governing Body of a municipality or a county, or a county elected
official chosen by a Governing Body.
(g) Federal or Federal Government — the government of the United States or any department, commission,
agency, or other instrumentalities thereof.
(h) Governing Body — the Board of County Commissioners or City/ Town/Village Council/Commission of
any member government.
(i) Local General Purpose Government — any municipality or county created pursuant to the authority
granted under ss. 1 and 2, Article VIII of the State Constitution.'
(j) Participating Member Unit — any incorporated municipality located within a Principal Member Unit.
(k) Principal Member Unit — any county within the Treasure Coast Comprehensive Planning District X
which is a signatory to this interlocal agreement.
3. Effective Date, Duration, Amendment and Termination...
(a) The effective creation date of the COUNCIL is August 19, 1976.
(b) This agreement shall continue in effect until terminated as provided in Section 3.d.
(c) Any amendments to this agreement shall be in writing and set forth an effective date. To put into effect
any amendment, each Principal Member Unit shall adopt a resolution authorizing its chairman or chief
elected official to execute the amendment.
(d) This agreement may be terminated by resolution duly adopted by the Governing Body of each
Principal Member Unit. The effective termination date shall be after the date said resolutions have
been adopted by all Principal Member Units unless contractual obligations of the Council would
require a later termination date.
(e) In the event there is a complete termination of this agreement, as provided for in Section 3.d., which
would involve the disposition of the property of the COUNCIL, such property shall be liquidated and
each Principal Member Unit shall be entitled to a share of the proceeds bearing the same ratio as the
Contribution of that Principal Member Unit to the Council in the most recent fiscal year. Said proceeds
from the liquidation of the property of the Council shall be applied to satisfy debts, liabilities and
financial obligations of the Council prior to any distribution to the members.
(f) Further, in the case of a complete termination of this agreement, the non -Federal matching contribution
required to match any approved Federal or State grant shall be submitted to the appropriate agency.
However, the preceding notwithstanding, if the grant program may be canceled or terminated early
(thereby eliminating or reducing the amount of required non -Federal matching contribution), then it
shall be terminated and any excess matching funds shall instead be distributed to each Principal
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Member Unit with each Principal Member Unit being entitled to a share of such proceeds bearing the
same ratio as the Contribution of that Principal Member Unit to the Council in the most recent fiscal
year.
4. Membership, Voting and Term of Office.
(a) Indian River County and Martin County, and St. Lucie County, as Principal Member Units, shall each
be represented by two (2) members, and Palm Beach County as a Principal Member Unit shall be
represented by three (3) members. All members shall be appointed from the respective elected county
Governing Body by such Governing Body.
(b) In addition to the Principal Member Unit membership referred to in 4.(a) above, Martin County shall
be entitled to one (1) municipal member to serve on the Council, St. Lucie County and Indian River
County shall be entitled to two (2) municipal members each to serve on the Council, and Palm. Beach
County shall be entitled to five (5) municipal members to serve on the Council. Such municipal
members shall be municipal Elected Officials from a Participating Member Unit who serve on a
municipal Governing Body in the respective counties. The municipal members and their alternates
shall be appointed by a participating member or members from the respective counties subject to the
approval of the Board of County Commissioners of the applicable Principal Member Unit.
(c) The Governor of the State of Florida shall appoint a maximum of nine (9) voting members as
Appointed Representatives. Unless otherwise required by law, the counties in the Region shall be
represented by the Governor's voting members in the following manner: Indian River County one (1)
representative; Martin County two (2) representatives; St. Lucie County two (2) representatives; and
Palm Beach County four (4) representatives.
(d) Each Principal Member Unit shall appoint an alternate for each Appointed Representative. These.
alternates shall be Elected Officials and shall be approved by the Governing Body of the Principal
Member Unit. In the event that neither the Appointed Representative nor his/her regular alternate is
present at a Council meeting and there is another alternate from the same county present (who is not
needed to attend for the Appointed Representative for whom he/she is the regular alternate) then this
alternate may substitute for the absent Appointed Representative. A person that has been appointed as
an alternate for an Appointed Representative from a Participating Member Unit may also serve as an
alternate for an Appointed Representative from the same county under the preceding sentence.
(e) There shall be appointed for each Appointed Representative from a Participating Member Unit one
alternate. These alternates shall be municipal Elected Officials from a .Participating Member Unit who
serve on a municipal Governing Body. In the event that neither the Appointed Representative nor his
Alternate is present at a Council meeting and there is another Alternate from the same county present
(who is not needed to attend for the Appointed Representative for whom he is the regular Alternate),
then this Alternate may substitute for the absent Appointed Representative. A person that has been
appointed as an Alternate for an Appointed Representative from a Principal Member Unit may also
serve as an Alternate for an Appointed Representative from the same county under the preceding
sentence.
The names of all of the Appointed Representatives and their Alternates shall be recorded in the
Council minutes.
For the conducting of all business, each Appointed Representative or Alternate serving for an
Appointed Representative shall have an equal vote, which shall be one (1) vote each.
The basic term of office for Appointed Representatives and Alternates appointed by either
participating or principal members shall be for one (1) year' commencing with the regular December
meeting in each year. The representatives appointed by the. Governor shall serve a term pursuant to
law and as designated by the Governor. All Appointed Representatives shall be eligible for
reappointment. All Appointed Representatives and Alternates shall serve until a replacement is
appointed by the appropriate appointing authority.
(i) The Governor of the State of Florida shall designate such ex -officio non-voting members as provided
by law. Presently the Governor of the State of Florida shall designate as ex -officio non-voting
members the following: a representative of the Florida Department of Transportation, a representative
of the Florida Department of Environmental Protection, a representative nominated by Enterprise
Florida, Inc. and the office of Trade, Tourism and Economic Development and a representative of the
applicable water management district or districts. At the present time, the Governor may also appoint
ex officio non voting members representing the appropriate metropolitan planning organizations and
regional water supply authorities.
(j) The South Florida Regional Transportation Authority may appoint an ex officio non-voting member to
the Council and such ex officio member shall be a full time employee staff person of the South Florida
Regional Transportation Authority.
5. Vacancies.
Any vacancy in membership shall be filled for the unexpired term in the same manner as the initial
appointment.
6. Removal From Office.
Should a representative have three (3) consecutive absences from regular meetings with or without a
justifiable reason, the Secretary -Treasurer shall so advise the appropriate member government, or the
Govemor, and request another appointment. Should a representative have five (5) absences during any one
(1) year period, the Secretary -Treasurer shall so advise the appropriate member government. Members may
be removed from the Council by the authority which made the appointment only after written notice of such
removal has been given to the Council.
7. Officers, Term of Office and Duties.
(a) The regular December meeting shall be known as the Annual Meeting of the Council, and shall be for the
purpose of electing the new officers and conducting such other business as may come before the
members. The Council shall elect from its membership the following officers: Chairman, Vice
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Chairman, and Secretary -Treasurer. Each member so elected shall serve for one (1) year or until he is
reelected or his successor is elected.
(b) The newly elected officers shall be declared installed following their election, and shall assume the duties
of office upon adjournment of the Annual Meeting.
(c) The Chairman, who shall be chief policy officer, shall be responsible for overseeing the working
organization of the Council, for seeing that all policies of the Council are carried out, for signing with the
counter signature of the Executive Director as authorized by the Council any contract or other
instruments which the Council deems in its interest, and for presiding over all Council meetings. The
Chairman or his designated representative shall .be an ex officio member of all committees.
(d) The Vice Chairman shall act. in the Chairman's absence or inability to act. The Vice Chairman shall
perform such other functions as the Council may from time to time assign to him.
(e) The Secretary -Treasurer shall be responsible for minutes of the meetings, keeping the roll of members,
the financial affairs of the Council and such other duties as may be assigned to him.
8. Meetings.
(a) The annual election of officers shall be held during the December meeting in each year.
(b) Regular meetings shall be held on the days and times established by the Council.
(c) Special meetings shall be called by the Chairman either at his discretion or when he is requested by at
least five (5) Appointed Representatives provided adequate notice shall be given to all Appointed
Representatives and Alternates stating the date, hour and place of the meeting and the purpose for which
such meeting is called, and no other business shall be transacted at that meeting. However, if a
determination to hold a special meeting is reflected upon the record of any Council meeting, no
additional notice is necessary except as required by law.
(d) The place and time of each regular meeting shall be determined by the Council prior to the adjournment
of the previous meeting. In the absence of such determination, the time and place of the meeting(s) shall
be determined by the Chairman. The Council may establish a regular meeting time and place, in which
case no special action by either the Council or the Chairman is required, provided the meeting is to be
held at the regular time and place.
(e) Written notice of all Council meetings shall be mailed to each Appointed Representative and Alternate at
the address, as it appears on the records of the Council, at least (7) days prior to that meeting, or earlier, if
required by law. The notice shall include the date, time, place, subject of the meeting and the agenda.
Business transacted at all special meetings shall be confined to the subject stated in the notice.
(0 All official meetings of the Council shall be open to the public as required by the Florida Sunshine Law,
Chapter 286, Florida Statutes.
(g) A quorum at any meeting shall consist of a majority of the Appointed Representatives (including
Alternates for Appointed Representatives when an Alternate or Alternates are serving) on the Council. A
quorum shall be required for the conduct of all official business. When a quorum has been determined to
be present, a majority of those present and voting may take action in all matters presented at the meeting.
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Proxy voting is prohibited; however, it is understood that the vote of an Alternate is not to be considered
a proxy.
(h) The Secretary -Treasurer or his nominee, in accord with Florida's Public Records Law, Chapter 119,
Florida Statutes, shall keep minutes of each meeting and distribute a copy thereof to each member
government.
9. Finances.
(a) The work year and fiscal year of the Council shall be the twelve (12) months beginning the first day of
October and ending on the thirtieth day of September.
(b) On or before the regular July Council meeting of each year, the Council shall adopt an annual budget and
certify a copy thereof to the Clerk or authorized recipient of the Governing Body of each Principal
Member Unit. Each Principal Member Unit shall contribute such cash amount per capita on the total
population of its county as is required together with other fees, revenues and charges received by the
Council, in such fiscal year, to make the annual budget. The population base for calculating such pro rata
Contribution shall be the most current reported for each county in accordance with the annual estimate of
population prepared by the Bureau of Economic and Business Research at the University of Florida or
any successor bureau or agency thereto designated by the State of Florida.
(c) Contributions shall be paid in full no later than November 1.
(d) Each Principal Member Unit who does not remit the assessed amount by November 1 shall lose all
voting privileges; both for representatives from the Principal Member Unit and other appointees from the
same county (except the governor's appointees), until payment is made.
(e) The following persons are designated to sign all checks issued by the Council: (1) the Chairman; (2) the
Vice -Chairman; (3) the Secretary -Treasurer; (4) the Executive Directorr of the Council; and (5) a Council
member designated by Council from the county in which the Council offices are located. All checks
shall be co-signed by two (2) of the above designated persons.
(f) The budget and such other changes, amendments or supplements as may be necessary to conduct the
fiscal affairs of the Council may be amended from time to time by action of the Council; provided,
however, that the budget may not be amended to increase the annual per capita Contribution by the
Principal Member Units without the consent of the governing bodies of each of the Principal Member
Units.
(g) The purchase of any single item of either equipment or goods which will required the expenditure of
more than five thousand dollars ($5,000) must be approved by the Council.
10. Powers.
The Council shall have all powers granted herein including:
(a) The powers granted to regional planning councils and regional planning agencies by Chapter 186, Florida
Statutes, and other applicable federal, state and local laws as now existing and/or as from time to time
amended, and pursuant to Section 163.01, Florida Statutes, the additional powers set forth herein.
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(b) To adopt rules of procedure for the regulation of its affairs and the conduct of its business, and to appoint
from among its members a chairman to serve annually, provided that such chairman may be subject to
reelection.
(c) To adopt an official seal utilizing the name of the Council.
(d) To maintain an office at such place or places within the comprehensive planning district as it may
designate.
(e) To employ and to compensate such personnel, consultants, and technical and professional assistants, as it
shall deem necessary to exercise the powers and perform the duties set forth in this agreement.
(f) To make and enter all contracts and agreements necessary or incidental to the performance of its duties
and the execution of its powers.
(g) To hold public hearings and sponsor public forums in any part of the regional area whenever it deems
necessary or useful in the execution of its other functions.
(h) To sue and be sued in its own name.
(i) To accept and receive, for public purposes, funds, grants and services from the Federal Government or its
agencies; from departments, agencies, and instrumentalities of state, municipal or local government;
from other public or quasi public entities, and from private or civic sources.
(j) To receive and expend such sums of money as shall be from time to time appropriated for its use by any
county or municipality where approved by the Council and to act as an agency to receive and to expend
federal funds for planning and other public purposes.
(k) To act in advisory capacity to the constituent local governments in regional, metropolitan, county and
municipal planning matters.
(1) To cooperate, in the exercise of its planning functions, with federal and state agencies in planning
disaster preparedness and emergency management.
(m) To fix and collect membership fees, and service charges and fees for planning review and other services
provided by Council.
(n) To acquire, own, hold in custody, operate, maintain, lease or sell real or personal property.
(o) To incur debts, liabilities or obligations which do not constitute the debts, liabilities or obligations of any
parties to this agreement.
(p) To accept gifts, grants, assistance, funds, or bequests.
(q) To enter into agreements with respect to the receipt and expenditures of grants or other funds, including
but not limited agreements as to revolving and other loan funds, and to exercise such powers as shall be
necessary or appropriate to implement such grants or other funding, which shall include (but not be
limited to) the power to hold and manage such funds, to enter into loan agreementsor other agreements
relating thereto and to enforce and collect loan payments thereunder, and to lend and re-lend such funds
for the public purposes to be accomplished with such grant or other funding.
(r) To conduct studies of the region's resources.
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(s) To participate with other governmental agencies, educational institutions, and private organizations in the
coordination or conduct of its activities.
(t) To conduct planning charettes within and outside the region.
(u) To select and appoint such advisory bodies as the Council may find appropriate for the conduct
of its activities.
11 Staff.
(a) The Council shall employ and set the compensation of an Executive Director, who shall serve at the
pleasure of the Council. The Council shall engage or employ and set the compensation of the general
counsel, who shall serve at the pleasure of the Council.
(b) The Executive Director shall employ and discharge other professional, technical, or clerical staff as may
be necessary to carry out the purposes of the Council. The Executive Director, with the consent of the
Council or pursuant to procedures established by the Council, may acquire the services of consultants.
(c) The Executive Director shall be responsible to the officers and the Council for supervising and
administering the work program of the Council, including preparation of a proposed annual budget, and
supervising the professional, clerical and technical employees of the Council.
(d) The Executive Director shall act as Assistant to the Secretary -Treasurer of the Council and shall, at the
direction of the Secretary -Treasurer prepare minutes of each meeting and be responsible for distributing
copies to members of the Council, and shall perform such other duties and responsibilities as directed by
the Council.
12. Committees.
a. The Chairman shall establish and maintain such Committees as deemed necessary to carry out the
purposes and objectives of the Council. Committees shall be created or discontinued by the Chairman
subject to approval of the Council.
There shall be a minimum of two standing committees, and the membership of each shall have at least
one representative from each county in the region. The two standing committees shall be:
(1) Budget/Finance Committee; and
(2) Personnel Committee.
All Committees and Chairmen thereof shall be appointed by the Council Chairman with the approval of a
majority of the Council, except that, between regular meetings of the Council when the need arises the
Chairman alone (without any additional authorization other than this provision) may fill vacancies, and/or
appoint temporary committee members or chairmen thereof. Any person so appointed by the Chairman
between regular meetings of Council, shall have full and complete authority to vote and carry out the duties
of regular committee members until the next regular meeting of the Council or such shorter period of time, as
the Chairman shall determine. The authority of the person appointed by the Chairman between regular
meetings of the Council may not extend past the next regular meeting unless confirmed by a majority of the
Council. If majority of Council does not confirm the person appointed for future service on the committee,
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this shall in no way affect the validity of the actions taken by such person during the period. between regular
meetings of the Council.
13. Immunity.
All of the privileges and immunities from liability and exemptions from laws, ordinances and rules which
apply to the activities of Local General Purpose Governments or the officials, officers, agents or employees of
Local General Purpose Governments shall apply to the Council and officials, officers, agents or employees of
the Council when performing their respective functions and duties under the provisions of this Agreement.
14. Limited Liability.
No member shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of
any actions of the Council (except the Principal Member Unit's share of the annual budget), or arising as a
result of any actions of any representatives of the Council, its agents, employees, officers or officials. Neither
the Council or its agents, employees, officers or officials shall have any authority or power to otherwise
obligate the members in any manner.
15. Severability.
If any provision of this agreement or the application of such provisions to any person or circumstance shall be
invalid, such invalidity shall not affect other provisions or applications of this agreement which can be given
effect without the invalid provisions or applications, and to this end the provisions of this agreement are
declared severable.
16. Signatories.
It is expressly understood and agreed that the terms and conditions of this agreement shall be not become
effective until approved by the Board's of County Commission of Palm Beach County, Martin County, St.
Lucie County and Indian River County.
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IN THE WITNESS WHEREOF, the parties have officially adopted and caused this amended and restated
agreement to be executed and their signature to be affixed by their respective Chairman as of the day and year first
above written.
ATTEST:
NIAT Y eft%
Sharon .Bock, q eciE ompfrde'a
Palm BEJ :C • .
0 o: j 04; ';u�
0.:� - _�,_ �.:_ _,...--'`%
Dept lerket 6 oR ID A Step
is„
PALM BEACH COUNTY, FLORIDikliih% 74.b.
BYITS BOARD OF COUNTY COMMISSId"1 ERS
MARTIN COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
Lee Weberman, Chairman
APPROVED AS A FORM & CORRECTNESS:
AB&
en F , Coin Attorne
APPROV ' AS Tri FORM
Chai
R
ate, .fir/C ' "°
•
urian 'fly �_.,,..1
,li
ST,.-i:UCIE-,60 ITY, FLORIDA.
arm ROAR0.-0:COUNTY COMMISSIONERS
2118.
OCT '18 2005
;INDIAN.'RIVE1 COUNTY, FLORIDA
43Y ITS BOA1t OF:COUNTY COMMISSIONERS
ChairmanL-'i'`'
13
AND LEGAL SUFFICIENCY
•
COUNTY ATTORNEY
APPROVED AS TO FORM
AND LEGAL, SUFFICIENCY
WILLIAM G. COLLINS 11
COUNTY ATTORNEY