Manatee County Board of Commissioners are Officially Against Amendment 4

During their regular meeting on April 27, 2010, the Manatee County Board of Commissioners voted in favor of Resolution R-10-70. A key paragraph in this document says, "The Manatee County Commission is in opposition to passage of proposed Amendment 4 to the Florida Constitution, scheduled for the November 2010 general election."

If passed by voters during this November's general election, Amendment 4, also known as the "Hometown Democracy Amendment," will give Florida citizens veto power over changes to their counties' Comprehensive Land Use Plans.

The Florida Association of Counties opposes Amendment 4, as do many other groups of local elected officials.  

An early draft of the Commission's resolution said "Manatee County is in opposition..." but Commissioner Joe McClash (who is also publisher of The Bradenton Times) suggested that this might not be a completely correct statement; that not every Manatee County resident was necessarily against the passage of Amendment 4.  

Commissioner McClash cast the sole vote against the Commission's anti-4 resolution.

The complete text of  resolution R-10-70, as approved, follows below the dotted line:

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RESOLUTION   R - 10-70

            A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, OPPOSING THE ADOPTION OF THE PROPOSED AMENDMENT 4 TO THE FLORIDA CONSTITUTION; MAKING RELATED FINDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
             

      WHEREAS, one of the primary goals of the Manatee County Board of County Commissioners (”Commission“) is to make decisions which are in the best interests of the citizens, visitors, and businesses of the County; and

      WHEREAS, the Commission is committed to sound land use planning policies which balance environmental and resource protection, economic development, citizen involvement and private property rights; and

      WHEREAS, the Commission is aware of the proposed Amendment 4 to the Florida Constitution, which will be on the November 2010 general election ballot; and

      WHEREAS, the Commissioners understand and are aware of thoughtful and reasoned arguments made by individuals and in published materials that are both supportive of and in opposition to Amendment 4; and

      WHEREAS, the Commission has reviewed Amendment 4 and notes that it would require that before a local government may adopt a new comprehensive plan or plan amendment, same would be required to be approved directly by the voters by referendum; and

      WHEREAS, the Commission believes that Amendment 4 will result in the unintended consequence of delaying and complicating the implementation of comprehensive plan and land use changes that are in the public interest and which both protect the environment and allow for responsible economic development; and

      WHEREAS, land use decisions, which are often complex, multi-faceted and involving technical and legal ramifications, have historically been entrusted to local elected governing bodies with the aid of trained professional staffs; and

      WHEREAS, the Commission finds that passage of Amendment 4 will result in unnecessary delay and significant costs to local governments in carrying out their land use planning responsibilities by virtue of the need to hold special elections with lengthy, complex ballots before any changes in land use and comprehensive plans can be approved; and

      WHEREAS, while the Commission supports active citizen participation in land use and the comprehensive planning process, such participation is best achieved through the County’s current planning and approval processes, which include ample opportunity for notice to citizens, the ability for citizens to review relevant records, and the ability to direct comments to staff and/or the Commission on any given land use or comprehensive plan change.

      NOW, THEREFORE, BE IT RESOLVED by the Manatee County Board of County Commissioners that:

1. The Manatee County Commission is in opposition to passage of proposed Amendment 4 to the Florida Constitution, scheduled for the November 2010 general election.

2. The County Administrator is authorized to coordinate any efforts to communicate factual information to the County’s citizens on the Amendment and its impact on the County, voters, and owners of private property, to the extent such education efforts are authorized by law.

 

      BE IT FURTHER RESOLVED that this Resolution shall be effective upon adoption.

      BE IT FURTHER RESOLVED that any existing Resolution or portion thereof of the Manatee County Board of County Commissioners which contains terms or provisions which are in direct conflict with and cannot be harmonized with the provisions of this Resolution shall, as to such terms or provisions, be deemed as superseded by this Resolution.

      BE IT FURTHER RESOLVED that the provisions of this Resolution are severable such that the invalidity of any one provision shall not operate to invalidate any other provision.

      PASSED AND DULY ADOPTED by the Board of County Commissioners of Manatee County, Florida, with a quorum present and voting, this ____ day of __________________, 2010.
 

                              BOARD OF COUNTY COMMISSIONERS

Attest:     MANATEE COUNTY, FLORIDA

R.B. SHORE

CLERK OF THE CIRCUIT COURT

                              By:____________________________________

                                    Donna Hayes, Chairman

By:____________________________

      Deputy Clerk