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HomeMy WebLinkAbout2010 09 13 Consent 202 Resolution 2010-47 Opposing Hometown Democracy Amendment 4 COMMISSION AGENDA Consent X Informational ITEM 292 Public Hearing _ Regular l I September 1), 2910 / M EP . W Regular Meeting Authorization REQUEST: The City Attomey requests that the City Commission consider adopting Resolution 2010- 47 opposing The Hometown Democracy Amendment 4. EXECUTIVE SUMMARY: At the 2010 General Election, the voters of Florida will consider a constitutional amendment which will require that all future local government comprehensive plan amendments be subject to voter approval in a duly held referendum (Amendment 4). Many local governments, business groups, and the Florida League of Cities have gone on record opposing the adoption of Amendment 4: The City Commission directed that a resolution be prepared so the City Commission can go on official City record as opposing the adoption of Amendment 4. CONSIDERATIONS: 1. Consistent with the principles set forth in Florida Supreme Court case law, the City Commission desire to go on official City record opposing the adoption of Amendment 4. In People Against Tax Revenue Mismanagement, Inc. v. County of Leon, 583 So. 2d 1373 (Fla. 1991), the Florida Supreme Court stated that "Leaders have both a duty and a right to say which course of action they think is best, and to make fair use of their offices for that purpose. The people elect government leaders precisely for this purpose." 2. The purpose of the attached Resolution is solely for purposes of allowing the City Commission to state an official position opposing the adoption of Amendment 4 on the City record. The recitals contained in the Resolution express that position in more detail. 3. In accordance with Section 106.113, Florida Statutes, the City Commission is prohibited from expending public funds on political advertisements, as that term is defined in the Florida Election Code. For compliance purposes, Section 5 of the Resolution provides: REGULAR MEETING - SEPTEMBER 13.2010 CONSENT AGENDA ITEM "202" PAGE 2 OF 2 This Resolution is solely for purposes of the City Commission to go on City record opposing Amendment 4. The City Clerk is instructed to only record the Resolution in the official records of the City in the same manner as any other resolution adopted by the City Commission. No public funds shall be expended by the City to publish or disseminate this Resolution in any political advertisement or communication media. Any person requesting a copy of this resolution shall be required to reimburse the City the actual cost of copying the Resolution in accordance with chapter 119, Florida Statutes and City Policy. For purpose of preparing and adopting this Resolution in compliance with section 106.113, Florida Statutes, the City Commission has relied upon the informal email opinion of Gary Holland, Assistant General Counsel of the Florida Division of Elections, to City of Jacksonville Councilman Crescimbeni, dated August 25, 2009. 4. The simple preparation and adoption of the Resolution in the normal course of City business, without any further expenditure of public funds to disseminate the Resolution in any communication media, is in compliance with section 106.113, Florida Statutes. FISCAL IMPACT: None. No public funds will be expended to disseminate the Resolution. Any person requesting a copy of the Resolution will be required to reimburse the City for copying charges. COMMUNICATION EFFORTS: None, other than the Resolution was placed on the City Commission agenda in the normal course of City Commission business. Upon adoption, the Resolution will be recorded in the official records of the City in the same manner as any other resolution adopted by the City Commission. RECOMMENDATIONS: This is a policy matter for the City Commission. The City Attorney recommends the City Commission consider adopting the attached Resolution, Further, if adopted by the Commission, the City Attorney recommends, in accordance with section 5 of the Resolution, that the City not expend any public funds to disseminate the Resolution in any communication media in order to be compliant with section 106.113, Florida Statutes. ATTACHMENTS: Resolution 2010- 47 RESOLUTION NO. 2010-47 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL CHANGES TO A CITY'S OR COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the State of Florida has experienced tremendous growth; and WHEREAS, the challenges presented by growth require that local governments embrace smart growth policies aimed at protecting our State's quality of life, engendering greater economic prosperity, and equitably planning for the common good; and WHEREAS, smart growth requires careful planning and direction combined with a clear and effective means of engaging the people's voice; and WHEREAS, the City of Winter Springs believes that elected leaders must always empower citizens and never abandon government's primary responsibility for creating sound public policy; and WHEREAS, in the 2010 general election, the Florida Hometown Democracy initiative (Amendment 4) proposes to amend Article II, Section 7, of the Florida Constitution, (Title: REFERENDA REQUIRED FOR ADOPTION OF LOCAL GOVERNMENTAL COMPREHENSIVE LAND USE PLANS); and WHEREAS, if Amendment 4 is approved, Amendment 4 will trigger taxpayer funded votes not only on land use items, but, in fact, on every single change to the City's comprehensive plan including changes to the transportation element, sewer element, potable water element, stormwater element, natural groundwater aquifer recharge element, recreation and open space element, intergovernmental coordination element, and any other technical element contained in the City's comprehensive plan; and WHEREAS, this amendment constitutes a fundamental abandonment of government's responsibility to represent all its citizens and empower special interest political action committees who will undoubtedly campaign for and against local comprehensive plan referendums required by Amendment 4; and WHEREAS, based on the experiences of the town of St. Pete Beach, who adopted a local version of Amendment 4, the City Commission believes that Amendment 4 will increase the number of special interestlawsuits filed against the City and will increase related legal expenses which will be incurred defending comprehensive plan amendments proposed by the City in future referendum; and WHEREAS, this amendment will impede progress on 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, paralyze local governments and potentially cripple vital public services including crime prevention, transportation improvement and public education; and WHEREAS, this amendment poses a grave threat to Florida's economic viability and unique quality of life; and WHEREAS, numerous other Florida cities and counties and the Florida League of Cities all oppose Amendment 4 and The Hometown Democracy initiative; and WHEREAS, consistent with Florida Supreme Court case law, the City Commission hereby finds that the City Commission has a duty and a right to state its position on Amendment 4. See People Against Tax Revenue Mismanagement, Inc. v. County of Leon, 583 So. 2d 1373 (Fla. 1991) ( "Leaders have both a duty and a right to say which course of action they think is best, and to make fair use of their offices for that purpose. The people elect government leaders precisely for this purpose. "); and WHEREAS, the City Commission of the City of Winter Springs now desires to formally go on record opposing Amendment 4 and deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Findings. The City Commission finds that the Florida Hometown Democracy initiative (Amendment 4), which proposes to amend Article II, Section 7, of the Florida Constitution, (Title: REFERENDA REQUIRED FOR ADOPTION OF LOCAL GOVERNMENTAL COMPREHENSIVE LAND USE PLANS), is bad public policy and not in the best interests of the citizens of Winter Springs. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the banner program a public forum, this Resolution shall be City of Winter Springs Resolution 2010 -47 Page 2 of 3 immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section 5. Compliance with Section 106.113, Florida Statutes. This Resolution is solely for purposes of the City Commission to go on City record opposing Amendment 4. The City Clerk is instructed to only record the Resolution in the official records of the City in the same manner as any other resolution adopted by the City Commission. No public funds shall be expended by the City to publish or disseminate this Resolution in any political advertisement or communication media. Any person requesting a copy of this resolution shall be required to reimburse the City the actual cost of copying the Resolution in accordance with chapter 119, Florida Statutes and City Policy. For purpose of preparing and adopting this Resolution in compliance with section 106.113, Florida Statutes, the City Commission has relied upon the informal email opinion of Gary Holland, Assistant General Counsel of the Florida Division of Elections, to City of Jacksonville Councilman Crescimbeni, dated August 25, 2009. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of September, 2010. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2010 -47 Page 3 of 3 1 RESOLUTION NO. 2010-47 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL CHANGES TO A CITY'S OR COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the State of Florida has experienced tremendous growth; and WHEREAS, the challenges presented by growth require that local governments embrace smart growth policies aimed at protecting our State's quality of life, engendering greater economic prosperity, and equitably planning for the common good; and WHEREAS, smart growth requires careful planning and direction combined with a clear and effective means of engaging the people's voice; and WHEREAS, the City of Winter Springs believes that elected leaders must always empower citizens and never abandon government's primary responsibility for creating sound public policy; and WHEREAS, in the 2010 general election, the Florida Hometown Democracy initiative (Amendment 4) proposes to amend Article II, Section 7, of the Florida Constitution, (Title: REFERENDA REQUIRED FOR ADOPTION OF LOCAL GOVERNMENTAL COMPREHENSIVE LAND USE PLANS); and • WHEREAS, if Amendment 4 is approved, Amendment 4 will trigger taxpayer funded votes not only on land use items, but, in fact, on every single change to the City's comprehensive plan including changes to the transportation element, sewer element, potable water element, stormwater element, natural groundwater aquifer recharge element, recreation and open space element, intergovernmental coordination element, and any other technical element contained in the City's comprehensive plan; and WHEREAS, this amendment constitutes a fundamental abandonment of government's responsibility to represent all its citizens and empower special interest political action committees who will undoubtedly campaign for and against local comprehensive plan referendums required by Amendment 4; and WHEREAS, based on the experiences of the town of St. Pete Beach, who adopted a local version of Amendment 4, the City Commission believes that Amendment 4 will increase the number of special interestlawsuits filed against the City and will increase related legal expenses which will be incurred defending comprehensive plan amendments proposed by the City in future referendum; and WHEREAS, this amendment will impede progress on 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, paralyze local governments and potentially cripple vital public services including crime prevention, transportation improvement and public education; and WHEREAS, this amendment poses a grave threat to Florida's economic viability and unique quality of life; and WHEREAS, numerous other Florida cities and counties and the Florida League of Cities all oppose Amendment 4 and The Hometown Democracy initiative; and WHEREAS, consistent with Florida Supreme Court case law, the City Commission hereby finds that the City Commission Alas a duty and a right to state its position on Amendment 4. See People Against Tax Revenue Mismanagement, Inc. v. County of Leon, 583 So. 2d 1373 (Fla. 1991) ( "Leaders have both a duty and a right to say which course of action they think is best, and to make fair use of their offices for that purpose. The people elect government leaders precisely for this purpose. "); and WHEREAS, the City Commission of the City of Winter Springs now desires to formally go on record opposing Amendment 4 and deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Findings. The City Commission finds that the Florida Hometown Democracy initiative (Amendment 4), which proposes to amend Article II, Section 7, of the Florida Constitution, (Title: REFERENDA REQUIRED FOR ADOPTION OF LOCAL GOVERNMENTAL COMPREHENSIVE LAND USE PLANS), is bad public policy and not in the best interests of the citizens of Winter Springs. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or such court declares the banner program a public forum, this Resolution shall be City of Winter Springs Resolution 2010 -47 Page 2 of 3 immediately presented to the City Commission at their next regular meeting or special meeting for further consideration which may include amending or repealing this Resolution. Section 5. Compliance with Section 106.113, Florida Statutes. This Resolution is solely for purposes of the City Commission to go on City record opposing Amendment 4. The City Clerk is instructed to only record the Resolution in the official records of the City in the same manner as any other resolution adopted by the City Commission. No public funds shall be expended by the City to publish or disseminate this Resolution in any political advertisement or communication media. Any person requesting a copy of this resolution shall be required to reimburse the City the actual cost of copying the Resolution in accordance with chapter 119, Florida Statutes and City Policy. For purpose of preparing and adopting this Resolution in compliance with section 106.113, Florida Statutes, the City Commission has relied upon the informal email opinion of Gary Holland, Assistant General Counsel of the Florida Division of Elections, to City of Jacksonville Councilman Crescimbeni, dated August 25, 2009. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of September, 2010. __)/___14-.--1R" 441 J N F. BUSH, Mayor ATT ST/ A ! °� : LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the C Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2010 -47 Page 3 of 3