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HomeMy WebLinkAboutAgenda Packet 10-10-2016 Special CAPE CANAVERAL SPECIAL CITY COUNCIL MEETING City Hall Conference Room 105 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA October 10, 2016 11:00 AM REVISED 10-5-16 - 1:15PM CALL TO ORDER: ROLL CALL: ITEM FOR ACTION: 1. Consider continuing or lifting the City of Cape Canaveral Civil Emergency as declared by Mayor Robert E. Hoog on October 5, 2016 due to Hurricane Matthew, and to take whatever action the City Council deems necessary due to Hurricane Matthew. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF CIVIL EMERGENCY WHEREAS, Hurricane Matthew has the potential for causing extensive damage to life and properties within all cities and municipalities within the geographic area of the City of Cape Canaveral and poses an immediate threat; and WHEREAS, Hurricane Matthew has the potential for causing extensive damage to public utilities, public buildings, public streets and roads, public drainage systems, commercial and residential building and areas; and WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for a political subdivision such as the City of Cape Canaveral to declare a state of local emergency and to exercise certain powers and authority to safeguard the lives and property of its citizens; and WHEREAS, pursuant to Section 18-2 of the City Code of the City of Cape Canaveral, Florida, the Mayor shall have the right to declare a civil emergency provided the declaration is in writing in the event the City Council cannot be convened a meeting in a timely manner to address the civil emergency; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IN ME, AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that Hurricane Matthew poses a serious threat to the lives and property of the residents of the City of Cape Canaveral and that a state of local emergency is declared effective this 5th day of October, 2016 for all the territory within the legal boundaries of the City of Cape Canaveral. SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this resolution. SECTION 2. As Mayor, I hereby authorize the City to exercise its authority and powers pursuant to Florida Statutes 252.38(3)(a) and Chapter 18 of the City Code, and under the direction of the city manager to the extent necessary to protect the public health, safety and welfare and the best interests of the City of Cape Canaveral, which include the authority and powers to: 1. CONTRACTS; EQUIPMENT, SUPPLIES. Appropriately expended funds; make contracts; obtain and distribute equipment, materials and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergencies; and direct and coordinate the development of emergency management plans set by the Federal and State Emergency Management agencies. 2. ADDITIONAL PERSONNEL: Appoint, employ, remove, or provide (with or without compensation) coordinators, rescue teams, fire and police personnel, and other emergency management workers. City of Cape Canaveral Mayor Declaration of Emergency Page 1 of 3 3. EMERGENCY OPERATING CENTERS: Establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. ASSIGNMENT — CITY PROPERTY/PERSONNEL: Assign and make available for duty the offices and agencies which operate under the City Council of the City of Cape Canaveral, including the employees, property, and equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the City of Cape Canaveral for employment within or outside the political limits of the City of Cape Canaveral. 5. REQUEST FOR ASSISTANCE: Request County assistance or invoke emergency related mutual aid assistance by declaring a state of local emergency in the event of emergency affecting the City of Cape Canaveral. 6. WAIVER OF PROCEDURES: To waive the procedures and formalities otherwise required of the City of Cape Canaveral by law pertaining to: a) Performance of public work and taking whatever prudent action necessary to ensure the health, safety, and welfare of the community b) Entering into contracts c) Incurring obligations d) Employment of permanent and temporary workers e) Utilization of volunteer workers 0 Rental of equipment g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities h) Appropriation and expenditure of public funds 7. DURATION OF DECLARATION. Pursuant to Section 18-4 of the City Code, this declaration of civil emergency shall commence immediately, and shall terminate when the declaration has been rescinded or terminated by resolution of the City Council or written instrument executed by the undersigned Mayor. City of Cape Canaveral Mayor Declaration of Emergency Page 2 of 3 SECTION 3. All public officials and employees of the City of Cape Canaveral are hereby directed to exercise the utmost diligence in the discharge of the duties required of them for the duration of the emergency and in the execution of emergency laws,regulations and directives,state and local. SECTION 4. All citizens are called upon and directed to comply with the necessary emergency measures, to cooperate with public officials and civil emergency disaster service forces in executing the emergency operational plans, and to obey and comply with the lawful directions of properly identified public officers. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this declaration 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 6. Effective Date. This declaration shall become effective immediately upon the execution of this declaration by the undersigned. SECTION 7. Notice to the City Council. The City Clerk is hereby directed to provide a copy of this declaration to all members of the City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials .. o`1 Cly it 1) t/be Mayor of the City Council of the City of Cape Canaveral, fi this 5th day-of-Orpber,2016. ,l � Se ,; Bob Moog, Mayor de Mia Gofort City Clerk,MMC Approved as to legal form and sufficiency for the City - ape Canaveral only: � 4 ` ANTHONY A.GARGANESE,City Attorney City of Cape Canaveral Mayor Dcciaration of Emergency Page 3 of 3 1 RESOLUTION NO.2016-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREYARD COUNTY, FLORIDA,DECLARING A STATE OF EMERGENCY DUE TO IMPENDING DISASTER CONDITIONS AND THE POTENTIAL OF HURRICANE MATTHEW TO CAUSE EXTENSIVE DAMAGE TO LIFE AND PROPERTY WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Hurricane Matthew has the potential for causing extensive damage to life and properties within all cities and municipalities within the geographic area of the City of Cape Canaveral and poses an immediate threat; and WHEREAS,Hurricane Matthew has the potential for causing extensive damage to public utilities, public buildings, public streets and roads, public drainage systems, commercial and residential building and areas; and WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for a political subdivision such as the City of Cape Canaveral to declare a state of local emergency and to exercise certain powers and authority to safeguard the lives and property of its citizens; and NOW, THEREFORE, BE IT RESOLVED that Hurricane Matthew poses a serious threat to the lives and property of the residents of the City of Cape Canaveral and that a state of local emergency is declared effective this 5th day of October,2016 for all the territory within the legal boundaries of the City of Cape Canaveral. SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this resolution. SECTION 2. The City Council of the City of Cape Canaveral hereby authorizes the exercise of its authority and powers pursuant to Florida Statutes 252.38(3)(a), and under the direction of the city manager to the extent necessary to protect the public health, safety and welfare and the best interests of the City of Cape Canaveral, which include the authority and powers to: 1. CONTRACTS; EQUIPMENT, SUPPLIES. Appropriately expended funds; make contracts; obtain and distribute equipment, materials and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergencies; and direct and coordinate the development of emergency management plans set by the Federal and State Emergency Management agencies. City of Cape Canaveral Resolution No. 2016-25 Page 1 of 3 2. ADDITIONAL PERSONNEL: Appoint, employ, remove, or provide (with or without compensation) coordinators, rescue teams, fire and police personnel, and other emergency management workers. 3. EMERGENCY OPERATING CENTERS: Establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. ASSIGNMENT— CITY PROPERTY/PERSONNEL: Assign and make available for duty the offices and agencies which operate under the City Council of the City of Cape Canaveral, including the employees, property, and equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the City of Cape Canaveral for employment within or outside the political limits of the City of Cape Canaveral. 5. REQUEST FOR ASSISTANCE: Request County assistance or invoke emergency related mutual aid assistance by declaring a state of local emergency in the event of emergency affecting the City of Cape Canaveral. The duration of each state of emergency declared locally is limited to seven(7)days,which may be extended,as necessary, in seven(7)day increments. 6. WAIVER OF PROCEDURES: To waive the procedures and formalities otherwise required of the City of Cape Canaveral by law pertaining to: a) Performance of public work and taking whatever prudent action necessary to ensure the health, safety, and welfare of the community b) Entering into contracts c) Incurring obligations d) Employment of permanent and temporary workers e) Utilization of volunteer workers f) Rental of equipment g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities h) Appropriation and expenditure of public funds SECTION 3. All public officials and employees of the City of Cape Canaveral are hereby directed to exercise the utmost diligence in the discharge of the duties required of them for the duration of the emergency and in the execution of emergency laws, regulations and directives, state and local. SECTION 4. All citizens are called upon and directed to comply with the necessary emergency measures, to cooperate with public officials and civil emergency disaster service forces in executing the emergency operational plans, and to obey and comply with the lawful directions of properly identified public officers. City of Cape Canaveral Resolution No. 2016-25 Page 2 of 3 SECTION 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of that conflict. SECTION 6. 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 7. Effective Date. This resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in an emergency meeting assembled this 10th day of October,2016. Bob Hoog, Mayor For Against ATTEST(City Seal): John Bond Mike Brown Mia Goforth,CMC, City Clerk Bob Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution No. 2016-25 Page 3 of 3