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Item 6AAGENDA ITEM # 6A FEBRUARY 22, 2010 RESOLUTION 10-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL CHANGES TO THE ADOPTED COMPREHENSIVE PLAN THROUGH LOCAL REFERENDUM. RECITALS WHEREAS, proposed Amendment No. 4 to the Constitution of the State of Florida, proposed by Florida Hometown Democracy, Inc., (hereinafter "Amendment 4") has been certified to appear on the November 02, 2010 general election ballot; and WHEREAS, Amendment 4 would require that before a local government may amend its duly adopted Comprehensive Plan, any and all amendments shall be subject to a vote of the electorate of the local government by referendum, following consideration by the local planning agency and by the governing body in accordance with the requirements of Chapter 163, Florida Statutes, and the requirements of local laws and ordinances, and WHEREAS, Amendment 4 is in conflict with the stated legislative intent of Chapter 163, Part II, Florida Statutes, known as the Local Government Comprehensive Planning and Land Development Regulation Act, to strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and control future development, and WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and this proposed amendment constitutes a fundamental abandonment of government's responsibility to represent all of its citizens as so intended; and WHEREAS, Amendment 4 is in conflict with Sections 163.3187 and 3191, Florida Statutes, which establish procedures for amending Comprehensive Plans, and for public participation in the amendment process and directs local governments to adopt needed amendments to ensure that the Plan provides appropriate policy guidance for growth and development; and WHEREAS, Amendment 4 will be counterproductive to quality community planning initiatives and will have unintended consequences that will worsen the situation it is intended to cure; and WHEREAS, local elected officials engage in a long and thorough deliberative process when considering Comprehensive Plan amendments, while the complexity of such issues cannot be appropriately considered in a referendum process; and WHEREAS, while the City of Atlantic Beach supports and encourages active citizen participation in the comprehensive planning process, there is a high probability that community planning by referendum will create conflicts with constitutionally based protections such as due process and private property rights, and will serve to politicize land use and planning decisions, and AGENDA ITEM # 6A FEBRUARY 22, 2010 WHEREAS, this amendment will impede progress on the adoption and implementation of smarter growth policies aimed at improving citizen input, enhancing public participation, and engaging every community, and WHEREAS, this amendment will further disenfranchise millions of Florida's already fatigued electorate and has the potential to create excessive and unpredictable financial burdens to local governments related to the costs required to conduct and supervise additional elections. WHEREAS, at a critical time in this State's future, this amendment has strong potential to exacerbate poor economic conditions within the state, and imperil recovery from the recession. NOW, THEREFORE, BE IT RESOLVED that the City of Atlantic Beach opposes the Hometown Democracy Constitutional Amendment No. 4, while supporting legislative changes in Florida's growth management processes to the extent needed to improve citizen involvement. PASSED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IN REGULAR SESSION THIS 22nd DAY OF FEBRUARY, 2010. LOUIS "MIKE" BORNO, JR. Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: DONNA L. BARTLE, CMC City Clerk