2010-10 Opposition to Amd. 4 on 2010 BallotRESOLUTION NO. 10 -10
A RESOLUTION OF THE CITY OF OKEECHOBEE, 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 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 11, 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 governing
body only after significant review and input from the public, professional planners and
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 Okeechobee, Florida, 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 in -fill measures, redevelopment initiatives and
the development of essential infrastructure; and
WHEREAS, the City of Okeechobee, Florida, finds that the Hometown Democracy amendment will
subject important planning and policy decisions to potentially misleading and inflammatory
media campaigns; and
Resolution No. 10 -10 Page 1 of 2
WHEREAS, the City of Okeechobee, Florida, 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 Okeechobee, Florida, finds that the Hometown Democracy amendment w
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, it is resolved before the City Council for the City of Okeechobee Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City Council;
and properly executed by the Mayor or designee, as Chief Presiding Officer for the City:
Section 1. That the City of Okeechobee, Florida, 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 Okeechobee, Florida, 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 Okeechobee, Florida, 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. That a copy of this resolution be provided to the membership of the Florida
League of Cities, Inc. and other interested parties.
Section 5. This Resolution shall take effect immediately upon adoption.
INTRODUCED AND ADOPTED in regular session this 19"' day of October, 2010.
ATTEST:
4
Lane ar iotea, MC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 10 -10 Page 2 of 2
James E. Kirk, Mayor