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HomeMy WebLinkAboutcocc_resolution_no_2021-03_20210216RESOLUTION NO. 2021-03 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA; BANNING THE USE OF HERBICIDES CONTAINING GLYPHOSATE ON CITY -OWNED OR MANAGED PROPERTIES; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the governing body has determined that it is necessary to reduce the risk to human health and the environment by minimizing the use of certain herbicides; and WHEREAS, in a March 2015 report, the World Health Organization's International Agency for Research on Cancer ("IARC") concluded that glyphosate, the key ingredient in several popular herbicides is "probably carcinogenic in humans;" and WHEREAS, the governing body has determined that the use of certain herbicides on lands within the City of Cape Canaveral may increase the risk of contributing to adverse effects on surface and/or groundwater; and WHEREAS, the governing body wishes to take reasonable steps to protect the public health, safety, and welfare of its residents, employees, and contractors by eliminating their exposure to potentially harmful and carcinogenic substances used in the maintenance of landscaping within the City of Cape Canaveral owned facilities and lands; and WHEREAS, in an effort to protect the Indian River Lagoon ecosystem and improve water quality throughout the region, the governing body has determined that banning the use of herbicides containing glyphosate by any City employee applicator or applicator on City -owned property is in the best interests of the public and Indian River Lagoon; and WHEREAS, the governing body wishes to reduce the potential risks associated with herbicide products containing glyphosate and therefore seeks to formally ban the application of glyphosate containing herbicides by all City employees and commercial contract applicators in the performance of landscaping and maintenance work on all City -owned or managed properties and direct City of Cape Canaveral departments to take all actions necessary to accomplish the aforestated objectives. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. The governing body hereby formally directs City department heads to take all actions necessary to ban the use of herbicides containing glyphosate by all City of Cape Canaveral employees and contracted applicators in the performance of landscaping and maintenance work on all properties owned, leased, or operated by the City of Cape Canaveral in favor of non- glyphosate-based alternatives effective immediately and henceforth. City of Cape Canaveral Resolution No. 2021-03 Page 1 of 2 Section 2. The governing body hereby directs the City of Cape Canaveral Clerk to transmit a copy of this Resolution to the Florida Department of Agriculture, the Florida League of Cities, the Florida League of Counties, the Board of County Commissioners of Brevard County and to all municipalities in Brevard County. 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, 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 take effect immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th Day of February, 2021. Attest: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown x Bob Hoog x Mickie Kellum x Wes Morrison Motion Angela Raymond Second City of Cape Canaveral Resolution No. 2021-03 Page 2 of 2 SEAL of Cape Canaveral, Florida