Fort Walton Beach Council agenda — 02-23-2010 Regular — reading text

Forestry Coordinator FLEP Coordinator FLORIDA 850/ 921 -0300 850/ 922 -5832 Io TA kv f7 ili Email: marcusc@doacs. state. fl. us Email: boutwek0doacs. state. fl. us OF R For bid application and instructions, contact: Florida Department of Agriculture and Consumer Services Purchasing Office Mayo Building, Room SB -8 Tallahassee, FL 32399 -0800 M 0 Telephone: 850/ 617 -7181 s Download Document t Viewers o V'' rarits. html 2/ 15/ 2010 THIS PAGE IS LEFT INTENTIONALLY BLANK 72-  CITY COUNCIL MEETING February 23, 2010 General Public Comments from the General Public on items not otherwise on the agenda Agenda Item Number: 4. 1  CITY COUNCIL MEETING February 23, 2010 Resolution Resolution 2010- 5 Opposes Amendment 4 Synopsis: Amendment 4 passage would require a voter referendum for all comprehensive plan changes Agenda Item Number: 5. 1  Page 1 of 2 Robert Mearns From: Mike Anderson Sent: Tuesday, February 09, 2010 10: 04 PM To: Robert Mearns Subject: FW: NWFLC Amendment 4 Resolution Attachments: Hometown Democracy Resolution 09- 17- 09.doc Please prepare the attached NWFLC resolution for a possible resolution for the. City Council to consider. It could be part of the agenda back -up when we discuss adding our name to the list of organizations against Amendment 4. Thanks, Mike From: Mike Anderson Sent: Mon 9/ 21/ 2009 09: 38 AM To: Robert Mearns Subject: FW: NWFLC Amendment 4 Resolution e Here' s the amendment 4 resolution. Mike From: Helen Spencer Sent: Fri 9/ 18/ 2009 02: 01 PM To: Robert Nabors; Bill Patterson; Dennis Reeves; Dick Rynearson; Virgil Miller; Bill Garvie; Mike Anderson; Mike Holmes Cc: Robert Mearns; ' Toni Craig'; Brandy Wunker Subject: FW: NWFLC Amendment 4 Resolution FYI Helen Spencer City Clerk -Fort Walton Beach 850 -833 -9509 850 -833 -9640 -Fax hs pence r(cD_fwb. org Original Message---- - From: Christy Shell [mailto: cshell @iog.fsu.edu] Sent: Friday, September 18, 2009 12: 36 PM To: undisclosed -recipients 2/ 15/ 2010 - 73-  Page 2 of 2 Subject: NWFLC Amendment 4 Resolution NWFLC: Last night the NWFLC adopted the attached resolution in opposition to Amendment 4. If your municipality would like to pass a similar resolution, please use this file as a template. If you have any questions, please contact our office at 850- 487 -4184 or cshell @iog. fsu. edu. Thanks, ew3t,v sfiza Event Coordinator Northwest Florida League of Cities cshell @iog.fsu. edu 850- 487 -4184 2/ 15/ 2010 - 74-  RESOLUTION 2010 -5 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA OPPOSING AMENDMENT 4 ON THE 2010 GENERAL ELECTION BALLOT, WHICH PROPOSES AN AMENDMENT TO THE FLORIDA CONSTITUTION REQUIRING THAT EVERY AMENDMENT TO A CITY' S OR COUNTY' S COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY' S OR COUNTY' S ELECTORATE; PROVIDING FOR THE CITY CLERK TO SEND CERTIFIED COPIES OF THE RESOLUTION TO THE NORTHWEST FLORIDA LEAGUE OF CITIES AND THE FLORIDA LEAGUE OF CITIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a proposed constitutional amendment sponsored by Florida Hometown Democracy, Inc. will be placed on the 2010 general election ballot as " Amendment 4 "; and WHEREAS, this proposed constitutional change would subject every amendment to a local government comprehensive plan to a vote of the local government' s electors; and WHEREAS, planning and growth management decisions in Florida' s municipalities are presently made through a representative form of democracy in which elected governing bodies are entrusted to make policy decisions on behalf of their constituents; and WHEREAS, in 1985, the Florida Legislature enacted Chapter 163, Part II, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act," mandating that each municipality adopt a comprehensive plan to manage and guide the use and development of property within the municipality; and WHEREAS, the intent of the Act is to empower local governments, including municipalities, to preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement, fire prevention and general welfare; to prevent the overcrowding of land and avoid undue concentration of population; to facilitate the adequate and efficient provision of transportation, water supply, sewer treatment, schools, parks, recreational facilities, housing and other services; and to conserve, develop and protect natural resources within their jurisdictions; and WHEREAS, the Act requires extraordinary public notice, review, comment and hearings before a comprehensive plan may be adopted or amended by a municipality; and WHEREAS, municipal comprehensive plans are adopted and amended by a municipal professional planners and governing body only after significant review and input from the public, municipal staff; and WHEREAS, the elected body' s decision to amend, or the manner in which to amend, a comprehensive plan is.based upon legal requirements as well as policy issues that require a balancing of the needs and desires of the overall community; and WHEREAS, the City of Fort Walton Beach finds that the Hometown Democracy amendment will trample minority interests and ignore the community' s long -term planning needs and goals, including affordable housing measures, urban infill measures, redevelopment initiatives and the development of essential infrastructure; and 75-  WHEREAS, the City of Fort Walton Beach finds that the Hometown Democracy amendment will subject important planning and policy decisions to potentially misleading and inflammatory media campaigns; and WHEREAS, the City of Fort Walton Beach finds that the Hometown Democracy amendment will require the unnecessary expenditure of additional municipal revenues to fund numerous elections on comprehensive plan referenda; and WHEREAS, the City of Fort Walton Beach finds that the Hometown Democracy amendment will require the unnecessary expenditure of additional municipal revenue to fund the defense of lawsuits filed by persons aggrieved by the outcome of comprehensive plan amendment elections; and WHEREAS, these unnecessary costs will be borne by the citizens of Florida' s cities and counties either through increased taxes or decreased municipal services. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: Section 1. That the City of Fort Walton Beach urges Floridians to carefully consider the potential adverse consequences of Amendment 4 before voting in the 2010 general election. Section 2. That the City of Fort Walton Beach urges Florida' s municipal residents to exercise their existing rights to influence the quality of life in their city by participating in the development and amendment of its comprehensive plan. Section 3. Thai: the City of Fort Walton Beach urges Florida' s residents to regularly attend public hearings, workshops and meetings and otherwise take an active role in shaping local policies that affect growth within their comraunities. Section 4. The City Clerk is directed to provide certified copies of this Resolution to the Northwest Florida League of Cities and the Florida League of Cities Section 5. This Resolution shall take effect immediately upon approval by the City Council and signature of the Ma`,or. 23rd Adopted by the City,of Fart Walton Beach City Council on this day of February 2010. Mike Anderson, Mayor Attest: Approved for form. Helen Spencer, City Clerk Toni L. Craig, City Attorney I1- 11  Page 1 of 1 2010 Issue Brief: Amendment 4 The Florida League of Cities opposes Amendment 4. The League supports new legislation that requires applicants for a comprehensive plan amendment or development order to meet minimum requirements established in statute for citizen input and participation as a prerequisite to filing an application for a comprehensive plan amendment or development order. Background: Amendment 4, which will appear on the 2010 General Election ballot, proposes to amend Florida' s constitution to require a voter referendum on every city and county comprehensive plan amendment. If passed, this proposal will fundamentally alter the process and nature of local land use decisions. Supporters of Amendment 4 claim the comprehensive planning process in Florida is broken. Supporters argue that developers control the process and that average citizens have few opportunities to participate or influence the outcome of decisions. The League supports public participation in land use planning, and recognizes the current system may impede, rather than encourage, citizen participation in some instances. There are many possible solutions to this problem. Amendment 4, while well intended, will do more harm than good. The League has developed bill language that would require applicants for development orders and comprehensive plan amendments ( as defined in section 163. 3164( 7), F. S.) to engage in early public