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Interlocal Agreement Creating the Northeast Florida Regional Planning Council v \ • INTERLOCAL AGREEMENT CREATING THE NORTHEAST FLORIDA REGIONAL PLANNING COUNCIL (Inclusive of all amendments as of 11/30/89) INTERLOCAL AGREEMENT CREATING THE NORTHEAST FLORIDA REGIONAL PLANNING COUNCIL THIS AGREEMENT, made and entered into this 1st day of October, 1980, pursuant to authority of Section 160.04, Florida Statutes, by and between: BAKER COUNTY CLAY COUNTY DUVAL COUNTY FLAGLER COUNTY NASSAU COUNTY PUTNAM COUNTY and ST. JOHNS COUNTY WITNESSETH: WHEREAS, the Florida Regional Planning Council Act, Chapter 160, Flori- da Statutes, 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 IV shall be comprised of the counties of Baker, Clay, Duval , Flagler, Nassau, Putnam, and St. Johns; and WHEREAS, the declared purpose of the 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 t-at can provide a truly regional perspective enhancing the ability and oppor:unity of local governments to resolve issues and problems transcending their individual boundaries; and WHEREAS, it is the desire of the parties hereto to establish a region- al planning council to serve in an advisory capacity to the constituent local governments in regional , metropolitan, county and municipal planning matters; and, WHEREAS, the parties hereto desire to make the most efficient use of their powers to cooperate for mutual advantage in conducting the comprehen- sive regional planning process for the area within this comprehensive plan- ning region; and, WHEREAS, the Executive Office of the Governor of the State of Florida 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 through the extent feasible; and, WHEREAS, the Local Government Comprehensive Planning Act of 1975, Section 163.3184(3) of the Florida Statutes assigns to regional planning agencies the responsibility to determine the relationship and effect of a local government' s plan or element thereof to or on any regional comprehen- sive plan; and, WHEREAS, the Environmental Land and Water Management Act, Chapter 380, Florida Statutes, assigns to regional planning agencies the duty to study, review and make recommendations concerning "areas of critical state con- cern" and "developments of regional impact; " and, WHEREAS, the Office of Management and Budget, Executive Office of the President, designates the comprehensive regional planning agencies as areawide clearinghouses responsible for review and coordination regarding certain Federal programs. NOW, THEREFORE, for and in consideration of mutual promises, cove- nants, benefits to accrue from conduct of a comprehensive regional planning process, and agreements herein contained and set forth, the member govern- ments do hereby establish, pursuant to the authority of Section 160.04, Florida Statutes, the Northeast Florida Regional Planning Council located in Comprehensive Planning District IV consisting of the counties of Baker, Clay, Duval , Flagler, Nassau, Putnam and St. Johns, hereinafter referred to as the COUNCIL, a separate legal entity, and do further delegate such pow- ers 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 regioTial planning council as defined in Chapter 160 and Section 403.723, Florida Statutes, and of a regional plan- ning agency as defined in Chapter 23, Chapter 163, and Chapter 380, Florida Statutes, as amended, including those functions enumerated herein above by legislative finding and declarations of Chapter 160, Florida Statutes and other applicable federal , state and local laws:- (b) To provide a means for conducting the comprehensive regional planning process. (c) To provide regional coordination for local governments in the Northeast Florida region. (d) 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 cf commcn regional-scale prob- lems. (f) To cooperate with Federal , State, local and non-governmental agencies and citizens to insure the orderly and harmonious coordination of Federal , State and local planning and development programs in order to insure the orderly, and balanced growth and development of this region, consistent with the protection of the natural resources and environment of the region, and to promote safety, welfare and to enhance the quality of life of the residents of the region. (g) To encourage and promote communications between neighboring regional planning districts in an attempt to insure compatibility in devel- opment and long-range planning goals. (h) To establish an organization that will promote areawide coordination and related cooperative activities of federal, state and local governments ensuring a broad-based regional organization that can provide a truly regional perspective and enhance the ability and opportunity of local governments to resolve issues and problems transcending their individual boundaries. (i) To establish an organization to review Developments of Re- gional Impact, Florida Quality Developments, and other developments defined in Chapter 380, Florida Statutes, which will collect review fees and make recommendations to the local government(s) of jurisdiction for application approval/disapproval in order to insure that quality development within the region is consistent with the adopted Comprehensive Regional Policy Plan and Local Government Comprehensive Plans. (j) To establish an organization to review, at the request of a local government, development proposals which are not subject to the review requirements of Developments of Regional Impact, Florida Quality Develop- ment, and other developments that are or will be defined in Cha::er 380, Florida Statutes, which will collect review fees and make recommendations to the local government(s) of jurisdiction for application approv- al/disapproval in order to insure that quality development within the re- gion is consistent with the adopted Comprehensive Regional Policy Plan and Local Government Comprehensive Plans. 2. Definitions. (a) Appointed Representative - policy board member of the Coun- cil . (b) Comprehensive Planning Districts - the geographic areas within the state specified by rule by the Executive Office of the Governor pursuant to Section 23.0115. (c) Comprehensive Regional Policy Plan - a long-range guide for the physical , economic, and social development of the region which identi- fies regional goals and objectives and opportunities as embodied in the policies of the Council . (d) Contribution - any monies received by the Council from a member government or otherwise. (e) Council - the Northeast Florida Regional Planning Council . (f) Elected Official - a member of the governing body of a munic- ipality or county or a county elected official chosen by the 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 Council of any member government. (i) Local General purpose government - any municipality or coun- ty created pursuant to the authority granted under ss. 1 and 2, Article VIII of the State Constitution. (j) Member Government - any county within the Northeast Florida Comprehensive Planning District which is a signatory to this interlocal agreement. (k) Participating Member Unit - any incorporated municipality or group of municipalities located within a member government. (1 ) Actual cost - for the purposes of project review actual cost shall be calculated on the basis of reasonably anticipated expenses related to a project review and monitoring, shall include but not be limited to, the cost of staff and other associated direct and indirect cost. (m) Developments of Regional Impact - A development is defined to be a development of regional impact based upon the criteria in Chapter 380, Florida Statutes and Chapter 28-24, Florida Administrative Code. (n) Florida Quality Development - A development is defined to be a Florida Quality Development based upon the criteria in Chapter 380.061, Florida Statutes and Chapter 28-24, Florida Administrative Code. (o) Other developments defined in Chapter 380, Florida Statutes- other types of development as is or may be defined by the criteria in Chap- ter 380, Florida Statutes, and Chapter 28-24, Florida Administrative Code, requiring review by the Northeast Florida Regional Planning Council . 3. Effective Date, Duration, Amendment, Withdrawal and Termination. (a) The effective date of the COUNCIL shall be upon execution of this interlocal agreement by member governments. (b) This agreement shall continue in effect until terminated as provided in Section 3.e. (c) Any amendment to this agreement shall be in writing and set forth an effective date. To put into effect any amendment, each member government shall adopt by a majority vote of its governing body a resolu- tion authorizing its chairman or chief elected official to execute the amendment. (d) Any member government hereto may withdraw its membership by resolution duly adopted by its governing body, and upon giving written notice of withdrawal to the Council and the Chairman or chief elected offi- cial of the governing body of each member government, without the effect of terminating this agreement. The withdrawal shall only be effective at the close of terminating this agreement. The withdrawal shall only be effec- tive at the close of the fiscal year (September 30), with all funding and contractual obligations of the withdrawing member government continuing until that date. All property, real or personal , of the COUNCIL on the effective date of such withdrawal shall remain the property of the COUNCIL and the withdrawing member governments shall have no rights thereto. (e) This agreement may be terminated by resolution duly adopted by the governing body of all member governments. The effective termination date shall be after the date of said resolution unless contractual obliga- tions would require a later termination date. (f) In the event there is a complete termination of this agree- ment, as provided for in Section 3.e. , which would involve the disposition of the property of the COUNCIL, such property shall be liquidated and each member government shall be entitled to a share of the proceeds bearing the , same ration to the total proceeds as the contribution of that member govern- ment. (g) Further, in the case of a complete termination of this agree- ment, the non-Federal matching contribution required to match any approved Federal or State grant shall be submitted to the appropriate agency. Howev- er, the preceding notwithstanding, if the program may be canceled or termi- nated early, then it shall be distributed and any excess matching funds contributed by the COUNCIL shall be distributed, to each member government. 4. Membership, Voting and Term. (a) Each member government shall have four (4) appointed repre- sentatives of which at least (3) shall be locally appointed representa- tives, including, two (2) of which shall be elected representatives of the governing body of each of the member governments; however, each member government shall have the option of appointing a person who resides within the boundaries of the member government to represent one of the positions who is not an elected representative of the governing body of that member government nor compensated by that governing body; one (1) of which shall be an elected municipal representative of a participating member unit from each member government; however, each municipality which is represented shall have the option of recommending a person who resides within the bound- aries of the municipality to represent them who is not an elected municipal representative. No less than one (1) additional representative from each member government who shall be a gubernatorial appointee, pursuant to Sec- t-!on 186.504 Florida Statutes. The total number of appointed representa- t=ves on the COUNCIL shall be thirty-one (31) inclusive of the ten (10) cJbernatorial appointees. (b) Municipal representatives from the participating member units shall be appointed by the governing body of the member government. The municipal representative shall be selected appointed from among the recommendations provided by the governing bodies of each municipality mak- ing such recommendation. In any event, the appointment of the municipal representative from each member government shall be at the sole discretion of the governing body of the member government. (c) The Governor of the State of Florida shall appoint a maximus of ten (10) voting members. Each member government in the region shall have at least one (1) representative appointed by the Governor. (d) The names of all of the appointed representatives shall be recorded in the COUNCIL minutes. (f) For the conducting of all business, each appointed represen- tative shall have an equal vote which shall be one (1) vote for each ap- pointed representative. In those instances where the COUNCIL may have under consideration a matter which will impact only one member government and a vote of the COUNCIL on this matter is needed or required, then a weighted vote may be taken on the question according to the following proce- dure: 1. Weighted Vote Procedure - a weighted vote may be invoked when the majority of the representatives of two (2) or more member govern- ments request the same before a vote on the subject question is called. When a weighted vote has been called for, then the procedure for voting shall be as follows: Each representative shall have one vote except that the county which is solely impacted by the subject under consideration shall have an additional four (4) votes per representative. The total votes available on a weighted vote question shall then equal forty-four (44) votes. A majority vote of those present and voting is needed to pass a weighted vote question. Once a vote on a weighted vote questions has been taken, then it may be set aside only by two-thirds (2/3) vote of the member governments wherein each representative of a member government shall cast one (1) vote only. (g) The basic term of office for appointed representatives of the COUNCIL shall be for two (2) years commencing with the October meeting each year. All representatives shall serve until a replacement is appoint- ed by the appropriate appointing authority. 5. Officers. The officers of the COUNCIL shall consist of: (a) A chairman, who shall be responsible for overseeing the working organization of the COUNCIL, for seeing that all policies of the COUNCIL are carried out, and for presiding over all COUNCIL meetings. The chairman or a designated representative shall be ex officio member of all subsidiary committees and boards. (b) A vice chairman, who shall preside in the chairman's absence of inability to act. The vice chairman shall perform such other functions as the COUNCIL may from time to time assign. (c) A second vice chairman, who shall preside in the chairman' s and vice-chairman' s absence or inability to act. The second vice-chairman shall perform such functions as the COUNCIL may from time to time assign. (d) A secretary-treasurer, who shall be responsible for minutes of the meeting, keeping the roll of members, the financial affairs of the COUNCIL and such other duties as may be assigned. (e) The original officers shall be elected at the first regular meeting of the COUNCIL and shall serve until the first annual election meeting as determined in Section 6.a. 6. Meetings. (a) The annual election of officers shall be held during the October meeting in each year. (b) Regular meetings shall be held on the days and times estab- lished by the COUNCIL. (c) Special meetings shall be called by the chairman either his/her discretion or when he/she is requested by at least three (3) ap- pointed representatives, none of which may be from the same member govern- ment; provided adequate notice shall be given to all appointed representa- tives 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. (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 determination, the time and place of the meeting(s) shall be determined by the chairman. (e) All meetings of the COUNCIL shall be open to the public. (f) The secretary-treasurer or his/her nominee, shall keep min- utes of each meeting and distribute a copy thereof to each member govern- ment. 7. 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 the thirti- eth day of September. (b) On or before July 15 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 member government. Each member government shall contribute such proportionate cash amounts as determined by the COUNCIL, AND APPROVED BY ITS GOVERNING BODY, that is required to make up the remainder of the annual budget. (c) Contributions for each fiscal year shall be payable in in- stallments as provided by the Rules of the COUNCIL. (d) Each member government who does not remit the contribution amounts in accordance with the Rules of the COUNCIL shall lose all voting privileges until payment is made. (e) The COUNCIL shall have the right to receive and accept in furtherance of its function; gifts, grants, assistance funds, bequeaths, and services from Federal , State and local governments 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 in- cluding: (a) The powers granted to regional planning councils or regional planning agencies by Chapter 12, Chapter 160, Section 163.3181(3), Section 403. 723 and Chapter 380, Florida Statutes as now existing or as from time to time amended. (b) To adopt rules of procedure for the regulation of its af- fairs and the conduct of its business, and to appoint from among its mem- bers a chairman to serve annually, provided that such chairman may be sub- ject to reelection. (c) To adopt an official name and seal . (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 exer- cise the powers and perform the duties set forth in this act. (f) To make and enter into all contracts and agreements neces- sary or incidental to the performance of its duties and the execution of its powers under this act. (g) To hold public hearings and sponsor public forums in any part of the regional area whenever it deems it 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, in furtherance of its functions, funds, grants and services from the Federal Government or its agencies; from departments, agencies and instrumentalities of state, municipal or local government; or from private or civic sources. All regional planning councils shall , no later than January 30 of each year, render an accounting of the receipt and disbursement of all funds received by them to the Secre- tary of the Department of Community Affairs. The Secretary of the Depart- ment of Community Affairs shall consolidate all such reports and submit such consolidated reports to the Legislature no later than March 1 of each year. A separate accounting of the receipt and disbursement of funds re- ceived by each regional planning council pursuant to the Federal Older Americans Act shall be submitted to the Legislature no later than March 1 of each year. (j) To receive and expand 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. (k) To act in an advisory capacity to the constituent local governments in regional , metropolitan, county and municipal planning mat- ters. -(1 ) To cooperate, in the exercise of its planning functions, with federal and state agencies in planning disaster preparedness. (m) To fix and collect membership fees, rents or fees where appropriate. (1) Fees for review of application, for development for Developments of Regional Impact and Florida-Quality Developments will be subject to the following guidelines. A review fee shall be as- sessed each applicant prior to the initiation of the Northeast Florida Regional Planning Council ' s review of an Application for Development Approval (ADA). The applicant shall pay $5,000 of the review fee prior to the date of preapplication conference held by the Northeast Florida Regional Planning Council . This $5,000 portion of the review fee is non-refundable. No application for development Approval shall be accepted for review unless accompanied by the remaining amount of the assessed fee payable to the Northeast Florida Regional Planning Council (Council ). The remaining portion of the review fee shall be non-refundable except when the applicant notifies the Northeast Flori- da Regional Planning Council , in writing, prior to the setting of the local government Development of Regional Impact hearing for the project. The applicant shall be refunded that portion of the fee remaining after prewithdrawal cost incurred by the Northeast Florida Regional Planning Council and the non-refundable $5,000 fee paid at the time of the preapplication conference are deducted. No portion of the fee shall be used by the Northeast Florida Regional Planning Coun- cil to support the cost associated with an appeal of a Development Order once the appeal is filed by the Northeast Florida Regional Plan- ning Council . The schedule for assessing review fees by the Northeast Florida Regional Planning Council shall be set as follows: a. Residential Developments as defined in Chapter 28-24, Florida Administrative Code and Chapter 380, Florida Statutes: Number of Units Amount of Fee 1 - 199 $ 10 per unit 200 - 1,199 $ 13,000 2,000 - 4,999 $ 17,000 5,000 - 8,999 $ 21,000 9,000 - 13,999 $ 25,000 14,000 - and over $ 2 per unit over 13,999 b. All other developments including: Retail , Wholesale Commercial Development, Office Development, Industrial Development, Mining Operations, Hospitals, Schools, Attraction and Recreation Facilities, Airport expan- sion, Airports, Petroleum Storage Facilities, And Mari- nas, as a minimum, see Subparagraph f. Size Amount of Fee Criteria set in 28-24, FAC, Part II $12,000 Up to double the DRI criteria set in 28-24, FAC, Part II $17,000 Up to triple the DRI criteria set in 28-24, • FAC, Part II $21,000 For each threshold increment over triple the DRI criteria set in 28-24, FAC, Part II $ 3,000 c. For an Application for Development Approval which contains multiple development types as defined in 28- 24, F.A.C. , the fee shall be the aggregate total of the fees for each separate development type determined by Subparagraphs a. and b. For development types with multiple Development of Regional Impact criteria set forth in 28-24. F.A.C. , for example. gross square, acreage, and parking spaces, the fee for that component of the development shall be determined based upon the criteria which yields the largest size. Where a devel- opment type of the proposed development does not exceed any of the criteria set forth in 28-24, F.A.C. , the fee assessed for that component of the development shall be based upon the percentage of the threshold achieved multiplied by fee level set for that development type. d. An Application for Development Approval submitted for Downtown/Areawide Developments of Regional Impact, new airports, new ports or port expansions shall be assessed a review fee of S75,000. e. The initial review fee submitted to the Northeast Florida Regional Planning Council shall not exceed $100,000. f. Modifications to projects determined to be substan- tial deviations shall be assessed a review fee based on the fees established in Subparagraphs a. , b. . and c. The fee shall be computed on the basis of the magnitude of the change with the minimum assessment being $12,000. g. A maximum review fee of $5,000 shall be assessed for each increments- plan submitted to the Northeast Florida Regional Planning Council for review. Such fee shall be based on the cost incurred by the Northeast Florida Regional Planning Council when reviewing incre- mental plans. The incremental plans referred to in this subparagraph are plans required of projects for which a development order has been issued. Incremental plans addressed in this subsection shall include but is not limited to, resource management plans, literal zone plans, special traffic studies and other plans similar in nature. This section does not apply to applications for incremental Development Approval or Substantial Deviations which are subject to Subparagraph a. , b. , c. , and d. h. In the event the cost of review exceed the amount of the fee as stipulated in Subparagraphs a. , b. , c. , d. , e. , f. , or g. , the applicant shall be responsible for reimbursing the Northeast Florida Regional Planning Council for 80 percent of the cost exceeding the fee. i . An Application submitted as a Florida Quality Devel- opment, as defined in Section 380.061, Florida Stat- utes, shall be subject to the same review fees as pre- scribed for Developments of Regional Impact as provided in this agreement. (2) Fees for review of development proposals requested by local government shall be subject to the following provisions: a. Review fees shall be collected from the entity requesting the land use decision and not from the local government of jurisdiction. b. Calculation of the review fee shall be based upon the criteria contained in Subsection 2.(l) of this agreement. c. No review shall be under taken by the Northeast Florida Regional Planning Council until the fee is received. d. Since the development review and approval process differs airiong local governments specifics of the review procedure as authorized herein shall be set forth in a written agreement between the local government of juris- diction requesting the review and the Northeast Florida Regional Planning Council . (n) To acquire, own, hold in custody, operate, maintain, lease or sell real or personal property. (o) To dispose of any property acquired through the execution of an interlocal agreement under s. 163.01. (p) To accept gifts, grants, assistance, funds or bequests. (q) To conduct studies of the region' s resources. (r) To participate with other governmental agencies, educational institutions, and private organizations in the coordination or conduct of its activities. (s) To select and appoint such advisory bodies as the COUNCIL may find appropriate for the conduct of its activities. 9. Severability. If any provision of this agreement or the application of such provision to any person or circumstance shall be invalid, such invalidity shall not affect other provisions or applications of this agreement which can be given effeci without the invalid provisions or applications, and to this end the provisions of this agreement are declared severable. 10. Signatories. It is expressly understood that the terms and conditions of 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 provisions of this agreement to the contrary notwithstanding. IN WITNESS WHEREOF, the parties have officially adopted and caused this agreement to be executed and their signature to be affixed by their respective Chairman or chief official as of the day and year first above written. NASSAU COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Chairman BAKER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Chairman DUVAL COUNTY, FLORIDA BY ITS COUNCIL Attest: Mayor City of Jacksonville Corporation Secretary CLAY COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Chairman ST. JOHNS COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Chairman PUTNAM COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Chairman FLAGLER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Chairman