RESOLUTION NO. 06-04

 

A RESOLUTION OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, EXPRESSING OPPOSITION TO THE PROPOSED “SAVE BREVARD” AMENDMENT TO ARTICLE 5 (AKA SECTION 5) OF THE BREVARD COUNTY CHARTER RELATING TO BUILDING PERMITS; MAKING FINDINGS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION.

 

 

            WHEREAS, Save Brevard, a Political Action Committee, is proposing an amendment to Article 5 (aka Section 5) of the Brevard County Charter relating to building permits; and

            WHEREAS, if approved by the voters, the amendment would require all municipalities in Brevard County to temporarily suspend (for an unspecified period) issuing any new construction building permit when that permit causes schools, water, sewer, drainage, recreation areas, landfill, police, fire, rescue or transportation services to exceed defined service levels or capacity; and

            WHEREAS, if approved, this amendment would interfere with a municipality’s ability to operate within its home rule powers, as granted by Article VIII, Section 2, of the Constitution of the State of Florida; and

            WHEREAS, municipalities currently have the legal authority to conduct municipal government, perform municipal functions and render municipal services; and

            WHEREAS, the issuance of a building permit within a municipality is clearly a municipal function; and

            WHEREAS, the Town’s Comprehensive Plan establishes goals, policies, objectives and standards for the furnishing of public facilities and services; and

            WHEREAS, the Town’s current regulations provide that a development order may not be approved unless adequate public facilities and services are available; and

            WHEREAS, neither the adoption, enactment, nor implementation of this amendment would result in better service to the public; and

            WHEREAS, the referral of this proposal to the voters before its intergovernmental review through the Growth Management Task Force could lead to lengthy and costly intergovernmental disputes and litigation.

 

 

 

      NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA to oppose the proposed Save Brevard Charter amendment to Article 5 (aka Section 5) of the Brevard County Charter and request that the Board of County Commissioners table the proposal and refer it to the Growth Management Task Force for further review and consideration.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, THIS 15th DAY OF AUGUST, 2006.

 

 
TOWN OF INDIALANTIC

 

 

 

__________________________

Daniel S. Trott

Mayor

Attest:____________________

            Laura Eaton, CMC

            Town Clerk