HomeMy WebLinkAboutcocc_council_mtg_packet_20190829_special CAPE CANAVERAL SPECIAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
August 29, 2019
2:00 PM
CALL TO ORDER:
ROLL CALL:
ITEMS FOR ACTION:
1. Resolution No. 2019-16; declaring a State of Emergency by the City Council effective this 29th
day of August, 2019, for all the territory within the legal boundaries of the City of Cape
Canaveral; repeal of prior inconsistent resolutions, severability and an effective date.
2. Resolution No. 2019-17; providing for a temporary waiver of Building Permit fees for repairs
related to the anticipated building or structural damage caused by Hurricane Dorian; providing
for an intent and purpose of this Resolution; providing for a filing period for eligible building
permit applications; providing for severability and an effective date.
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.
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__-7,.,„=„ City Council Special Meeting Date: 8/29/2019
Item No. 1
Subject: Resolution No. 2019-16; declaring a State of Emergency by the City Council effective
this 29th day of August,2019,for all the territory within the legal boundaries of the City of Cape
Canaveral; repeal of prior inconsistent resolutions, severability and an effective date.
Department: Legislative
Summary: On August 28, 2019, Governor Ron DeSantis issued Executive Order 19-189,
declaring a state of emergency for counties in the path of Hurricane Dorian. The Governor is
urging all Floridians on the East Coast to prepare for impacts, as the latest forecasts from the
National Hurricane Center project Hurricane Dorian will make landfall on Florida's East Coast
as a major hurricane. On August 29, 2019, Brevard County will be issuing a local State of
Emergency.
Hurricane Dorian 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 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.
The City is in the process of implementing its Storm Event Preparedness & Recovery Plan, in
conjunction with other local, state and federal agencies, to deal with the aftermath of Hurricane
Dorian. The powers invoked in the aforementioned Emergency Declaration are being utilized to
protect the public health, safety and welfare of the City's citizens.
Staff has prepared Resolution No. 2019-16 for City Council to declare a State of Emergency
effective this 29th day of August, 2019, for all the territory within the legal boundaries of the
City of Cape Canaveral. This is anticipated to provide an adequate timeframe to fully implement
the City's Emergency Management Plan to restore/repair City functions/infrastructure to pre-
storm levels.
Submitting Council Members: Bob Hoog, Mike Brown and Rocky Randels
Attachment: Resolution No. 2019-16
Financial Impact: Staff time/effort in preparing Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/29/19
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2019-16.
Approved by City Manager: David L. Greene 0-4'4-- Date: 8/29/19
RESOLUTION NO. 2019-16
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; DECLARING A STATE OF EMERGENCY
BY THE CITY COUNCIL EFFECTIVE THIS 29TH DAY
OF AUGUST,2019 FOR ALL THE TERRITORY WITHIN
THE LEGAL BOUNDARIES OF THE CITY OF CAPE
CANAVERAL; REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, on Wednesday, August 28, 2019, Governor Ron DeSantis issued
Executive Order 19-189, declaring a State of Emergency for counties in the path of
Hurricane Dorian to ensure state and local governments have ample time, resources and
flexibility to prepare.
WHEREAS,on Thursday,August 29,2019,Brevard County will be issuing a local
State of Emergency.
WHEREAS, Hurricane Dorian 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 Dorian 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;
NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER
VESTED IN THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA UNDER SECTION 18-2,that Hurricane Dorian 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 29th day of August, 2019 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:
City of Cape Canaveral
Resolution No.2019-16
Page 1 of 3
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.
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
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. 2019-16
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 declaration shall become effective
immediately upon the execution of this declaration by the undersigned.
SECTION 8. Notice to the City Council. The City Clerk is hereby
directed to provide a copy of this Resolution to all members of the City Council, City
Manager, City Attorney, City Department Directors, and other appropriate government
officials.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in an
emergency meeting assembled this 29th day of August, 2019.
Bob Hoog,Mayor
For Against
ATTEST (City Seal):
Mike Brown
Bob Hoog
Mia Goforth, CMC
City Clerk Wes Morrison
Rocky Randels
Angela Raymond
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. 2019-16
Page 3 of 3
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City Council Agenda Form
__-7,.,„=„ City Council Special Meeting Date: 8/29/2019
Item No. 2
Subject: Resolution No. 2019-17; providing for a temporary waiver of Building Permit fees
for repairs related to the anticipated building or structural damage caused by Hurricane Dorian;
providing for an intent and purpose of this Resolution; providing for a filing period for eligible
building permit applications; providing for severability and an effective date.
Department: Community Development
Summary: Due to the anticipated amount of damage resulting from Hurricane Dorian, it is
proposed that building permit fees be waived for any building permit filed with the City related
to repairing building or structural damage caused by Hurricane Dorian. All such applications
must be filed with the City's Building Department on or after September 2, 2019, but no later
than November 1, 2019.
The City Council shall have the option to extend this Resolution for an additional sixty(60)days
if authorized prior to the expiration of this Resolution. The intent is to facilitate/expedite repairs
and to lessen the financial burden on property owners. All improved properties in the City are
eligible for a waiver.
The City Council previously implemented a short-term waiver to certain building fees associated
with Hurricane Irma in September of 2017 for a period of sixty (60) days.
A sworn statement certifying the damage was caused by Hurricane Dorian will be required as
part of the permit application. The Building Official or designee shall be responsible for
verifying that the repairs being permitted are directly related to damage caused by Hurricane
Dorian.
Submitting Department Director: David Dickey? Date: 8/29/19
Attachment: Resolution No. 2019-17
Financial Impact: Loss of certain building permit fees through November 1, 2019; Staff time
and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 8/29/19
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2019-17.
Approved by City Manager: David L. Greene 0J4" Date: 8/29/19
RESOLUTION NO. 2019-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA;
PROVIDING FOR A TEMPORARY WAIVER OF BUILDING
PERMIT FEES FOR ANTICIPATED REPARIS TO BUILDING
OR STRUCTURAL DAMAGE CAUSE BY HURRICANE
DORIAN; PROVIDING FOR AN INTENT AND PURPOSE OF
THIS RESOLUTION; PROVIDING FOR A FILING PERIOD
FOR ELIGIBLE BUILDING PERMIT APPLICATIONS;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, Hurricane Dorian is anticipated to cause extensive damage to
properties within the geographic area of the City of Cape Canaveral; and
WHEREAS, the City Council previously established a schedule of building
permits fees by resolution pursuant to Section 82-15 of the City Code; and
WHEREAS, in order to expedite the repairs required as a result of the anticipated
damage caused by Hurricane Dorian and to provide relief to property owners suffering
from hurricane related hardships, the City Council desires to temporarily waive building
permit fees for permit applications related to repairing such damage; and
WHEREAS, this Resolution is adopted pursuant to the Florida Municipal Home
Rule Powers Act, Section 166.222, Florida Statutes, Section 82-15 of the City Code, and
the emergency powers vested in the City Council pursuant to all applicable law; and
WHEREAS, the City Council hereby finds that this Resolution is in the best
interests of the citizens and businesses of Cape Canaveral; and
NOW,THEREFORE,BE IT RESOLVED, as follows:
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. Intent and Purpose. It is the intent and purpose of this Resolution
to only address building or structural damage directly caused by Hurricane Dorian. This
Resolution is not intended to apply to building permit applications filed with the City that
are not related to repairing building or structural damage caused by Hurricane Dorian. To
the extent that a particular building or structure was substantially destroyed by Hurricane
Dorian and is beyond repair according to the City's building official, a new replacement
building or structure on the same property as the substantially destroyed building or
structure shall be considered a repair under this Resolution.
City of Cape Canaveral
Resolution No. 2019-17
Page 1 of 3
SECTION 3. Temporary Waiver of Building Permit Fees. The City Council of
the City of Cape Canaveral hereby provides that building permit fees are hereby waived for
any building permit application filed with the City related to repairing building or
structural damage caused by Hurricane Dorian. All such applications must be filed with the
City's Building Department on or after September 2, 2019, but no later than November 1,
2019. The City Council shall have the option to extend this Resolution for up to an
additional sixty (60) days if authorized prior to the expiration of this Resolution. For
purposes of granting the building permit fee waiver, the building official or his or her
designee shall be responsible for verifying that the repairs being permitted are directly
related to damage caused by Hurricane Dorian.
Notwithstanding the fee waiver authorized by this Section, all building application,
licensing, insurance, inspection, and other building permit conditions required by law shall
apply.
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 here to.
SECTION 5. Effective Date. This Resolution shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral,Florida.
[Adoption Page Follows]
City of Cape Canaveral
Resolution No. 2019-17
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in an emergency
meeting assembled this 29th day of August, 2019.
Bob Hoog,Mayor
Name For Against
Mike Brown
Bob Hoog
Wes Morrison
Rocky Randels
Angela Raymond
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
City of Cape Canaveral
Resolution No. 2019-17
Page 3 of 3