Fort Walton Beach Resolution — 2010-05 -Opposing Amendment 4 — reading text

RESOLUTION 2010- 5 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA OPPOSING AMENDMENT 4 ON THE 2010 GENERAL ELECTION BALLOT, WIllCH 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 on the 2010 general election ballot as " Amendment 4"; and placed 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 comprehensive planto manage and guide the use and development of municipality adopt a property within the municipality; and WHEREAS, the intent of the Act is to empower local governments, including municipalities, to health, safety, comfort, good order, appearance, preserve, promote, protect and improve the public convenience, law enforcement, fire and prevention welfare; to prevent the overcrowding of land general and avoid undue concentration of population; to facilitate the adequate and efficient provision of other transportation, water supply, sewer treatment, schools, parks, recreational facilities, housing and services; and to conserve, developand protectnatural resources within their jurisdictions; and WHEREAS, the Act requires extraordinary public notice, review, comment and hearings before a may be adopted or amended by a municipality; and comprehensive plan WHEREAS, municipal comprehensive plans are adopted and amended by a municipal and governing body only after significant review and input from the public, professional planners municipal staff; and WHEREAS, the elected body' s decision to amend, or the manner in which to amend, a of comprehensive plan is based upon legal requirements as well as policy issues that require balancing a 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, affordable housing measures, urban infill measures, r~development initiatives and the including development of essential infrastructure; and --  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 F ort 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. That 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 communities. Section 4. TheCity 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 Mayor. Adopted by the City of Fort Walton Beach City Council on this 23m day of February 2010. Ituk~ Mike Anderson, Mayor Attest: Approved for form. DISPOSITION Res. 2010- 5 Page 2 of2