HomeMy Public PortalAboutRES 04/13RESOLUTION 004 -13
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA, OPPOSING 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.
WHEREAS, interest groups are gathering signatures from Florida
voters to place the proposed "Florida Hometown Democracy"
constitutional amendment on either the 2004 or 2006 general election
ballot; and
WHEREAS, the voters of Florida are being urged by interest groups
to support the proposed Florida Hometown Democracy constitutional
amendment should it gain ballot status; and
WHEREAS, the proposed Florida Hometown Democracy constitutional
amendment 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" ( "the 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 Town of Gulf Stream 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
WHEREAS, the Town of Gulf Stream finds that the Hometown
Democracy Amendment will subject complex planning and policy decisions
to potentially misleading and inflammatory media campaigns; and
WHEREAS, the Town of Gulf Stream 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 Town of Gulf Stream finds that the Hometown
Democracy Amendment will require the unnecessary expenditure of
additional municipal revenues to fund the defense of takings claims by
citizens aggrieved by the outcome of comprehensive plan amendment
elections; and
WHEREAS, these unnecessary costs will be borne by the citizens of
Florida's municipalities either through increased taxes or decreased
municipal services.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA:
Section 1. The Town of Gulf Stream urges citizens not to sign
any petitions on the proposed Florida Hometown Democracy
constitutional amendment.
Section 2. The Town of Gulf Stream urges citizens to vote
"NO" on the proposed Florida Hometown Democracy constitutional
amendment if it appears on the general election ballot.
Section 3. The Town of Gulf Stream urges citizens to exercise
their existing rights to influence the quality of life in their city
by participating in the development and amendment of their city's
comprehensive plan.
Section 4. The Town of Gulf Stream urges citizens to
regularly attend public hearings, workshops and meetings and otherwise
take an active role in shaping local policies that affect growth
within their community.
Section 5. That a copy of this resolution be provided to the
Florida League of Cities, Inc.
PASSED AND ADOPTED THIS 12th day of November 2004.
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