HomeMy WebLinkAboutResolution No. 2016-15 (not adopted) At the August 16,2016 City Council Regular Meeting, an Interlocal Agreement
was utilized instead of a Resolution per Brevard County Commission request.
RESOLUTION NO. 2016-15
A RESOLUTION OF THE CITY COUNCIL OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA;
SUPPORTING A COUNTYWIDE REFERENDUM FOR A
SPECIAL ASSESSMENT MILLAGE FUNDING SOURCE
FOR INDIAN RIVER LAGOON (IRL) RESTORATION;
SUPPORTING THE IRL RESTORATION PLAN
DEVELOPED BY BREVARD COUNTY NATURAL
RESOURCES MANAGEMENT DEPARTMENT;
PROVIDING FOR REPEAL OF PRIOR, INCONSISTENT
RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS,the City is granted the authority under Section 2(b),Article VIII, of the State
Constitution to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the IRL is a unique, shallow-water estuary which spans 156 miles on
Florida's east coast and which is a part of the National Estuary Program, the IRL being one of only
28 estuaries of National Significance in the country; and
WHEREAS, seventy-one percent of the IRL's area, and nearly half its length, is within
Brevard County and provides both residents and visitors with several opportunities and economic
benefits; and
WHEREAS, the IRL is both environmentally and economically important to Florida,
generating more than $3.7 billion annually to the State; and
WHEREAS, Section 90-149 of the City Code identifies the IRL as an area of special
concern as to stormwater management in relation to development projects discharging into the
IRL, requiring additional levels of treatment for water quality requirements than that which is
required in other areas, which demonstrates the City's concern for the water quality of the IRL;
and
WHEREAS, the IRL has become one of the most vulnerable estuaries in Florida that is
threatened throughout its geographic range and watershed by water quality decline, habitat
alteration and loss, fisheries decline, loss of filter feeders and biological diversity, invasive exotic
species, altered hydrologic flow, pathogens and toxic chemicals; and
WHEREAS, the nutrient pollution sources represent the most serious threat to the IRL,
with nutrient and pollutant loads that originate from inadequate design and aging infrastructure
contaminating stonnwater and groundwater (i.e., old sewer systems, wastewater management,
sludge management, etc.), legacy nutrients already residing in the IRL as muck deposits, industry
waste and pollutants and residential/commercial property owner activities and behaviors that
negatively impact the IRL related to fertilizing, landscaping, application of pesticides/herbicides
and other issues; and
City of Cape Canaveral
Resolution No.2016-15
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WHEREAS,in January through March 2016, Brevard County residents endured the most
extensive and intensive algal bloom recorded in the IRL system, with the collapse of this bloom in
March resulting in one of the most extensive fish kills ever recorded in Brevard County; and
WHEREAS, Brevard County was advised by members of the Florida Legislative
delegation to develop an IRL Restoration Plan with a comprehensive list of projects that include
funding estimates and implementation timeframe, which would allow the County to compete for
up to 40-50% cost-share from the State; and
WHEREAS, the Brevard County Natural Resources Department has developed a $300
million, ten-year IRL Restoration Plan (Save Our Lagoon Projects Plan) that focuses on a
collaborative effort between the Cities and Brevard County to "Reduce, Remove, Restore and
Respond"to the pollution affecting the Lagoon; and
WHEREAS, Brevard County has proposed a countywide funding proposal to be solely
dedicated to projects outlined in the IRL Restoration Plan (Save Our Lagoon Project Plan), as
amended from time to time, and is to consider a Resolution calling for a Save Our Indian River
Lagoon t/2 Mill Countywide Ad Valorem Tax Referendum election on November 8, 2016; and
WHEREAS, the City Council of the City of Cape Canaveral desires to express support
for the proposed countywide referendum for a funding source to fund IRL restoration projects
(Save Our Lagoon Project Plan); and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution
is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated
herein by this reference as part of this Resolution.
Section 2. Support for the Proposed Countywide Referendum for a Funding Source for
the Save Our Lagoon Projects Plan. The City Council of the City of Cape Canaveral hereby
expresses its support for the proposed countywide referendum for a funding source to fund the
projects outlined in the IRL Restoration Plan(Save Our Lagoon Projects Plan).
Section I Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council are hereby expressly repealed to the extent of the conflict.
Section 4. Severability.If any section,clause,phrase,word or provision is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, whether for substantive or
procedural reasons, such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption.
City of Cape Canaveral
Resolution No. 2016-15
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ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 16th day of August, 2016.
Bob Hoag, Mayor
ATTEST: Name FOR AGAINST
John Bond
Mia Goforth, Mike Brown
City Clerk
Bob Hoog
Brendan McMillin
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2016-15
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