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HomeMy WebLinkAboutcocc_council_mtg_packet_20200414_specialCAPE CANAVERAL SPECIAL CITY COUNCIL MEETING VIRTUAL MEETING via GoToWebinar https://attendee.gotowebinar.com/register/1451975879357299725 or via telephone 1-631-992-3221; Attendee Access Code: 734-035-626 REVISED AGENDA April 14, 2020 3:00 P.M. COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting will be held virtually by communications media technology (CMT). Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Special instructions for the public to attend and provide public comments during this meeting can be found at: https://www.cityofcapecanaveral.org/government/city departments/city clerk s office/public re cords laserfiche weblink.php. Please read and follow the instructions carefully if you want to attend or provide public comments on specific agenda items. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ITEMS FOR DISCUSSION 1. Familiarization and utilization of the GoToWebinar platform. 2. Resolution No. 2020-09: confirming and extending the COVID-19 Declaration of Civil Emergency approved by the Mayor on March 16, 2020; affirming and ratifying the Mayor's Supplemental Emergency Orders No. 1 (Temporarily tolling time periods for processing development permit applications), No. 2 (Temporarily allowing use of feather flags and snipe signs by businesses), and No. 3 (Temporary beach use restrictions and amending use of feather flags and snipe signs to "essential service" businesses only); affirming and ratifying the City Manager's Emergency Order No. 1 (Prohibiting the use of public beach - end parking spaces within City rights -of -way for beach access); providing for the future termination of the Civil Emergency by the City Council at a later date; providing for the repeal of prior inconsistent resolutions 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 virtual meeting is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206]. CITY OF CAPE CANAVERAL ATTENTION: TEMPORARY VIRTUAL PUBLIC MEETING AND COMMENT INSTRUCTIONS IN LIGHT OF COVID-19 EMERGENCY Due to the COVID-19 Pandemic Emergency, City Hall is closed to the public in an effort to comply with Federal and State public health and safety directives to keep our citizens and City officials and employees safe. As a result, the City of Cape Canaveral will be temporarily utilizing virtual Communications Media Technology (CMT) for upcoming City Council and other board meetings pursuant to the Governor's Executive Order Number 20-69 and Florida Statutes, Section 120.54(5)(b)(2) until further notice. Governor DeSantis' Executive Order suspended the requirement of a quorum to be present in person or having a local government body meet at a specific public place. Therefore, the City Council and other City boards (hereinafter referred to as "Board") may attend public board meetings and participate by telephonic and video conferencing. Additionally, for the safety of our citizens, in -person attendance by the public will not be allowed at this meeting due to the COVID-19 Emergency and the closing of City Hall to the public. However, the City of Cape Canaveral remains committed to providing alternative platforms for citizens to virtually attend scheduled board meetings and have an opportunity to submit their public comments in an efficient, orderly and safe manner. INSTRUCTIONS FOR VIRTUAL ATTENDENCE AT MEETING AND AGENDA. The City of Cape Canaveral temporary CMT meeting platform is GoToWebinar. Videoconferencing and teleconferencing will be used to virtually connect the following meeting participants: board members, City staff, City Attorney, City consultants and Applicant(s), if any, for purposes of conducting the board meeting. However, the public may virtually attend the meeting live by viewing and listening to the meeting by accessing the meeting at the following internet address: https://attendee.gotowebinar.com/register/1451975879357299725 or, the public may phone into the meeting by dialing 1-631-992-3221; access code: 734-035-626. To obtain a copy of the board meeting agenda interested persons should go to the City's online Public Records/Laserfiche WebLink and search for the specific board and agenda package at: https://www.cityofcapecanaveral.org/government/city departments/city clerk s office/public re cords laserfiche weblink.php City of Cape Canaveral Virtual Meeting Instructions Page 1 of 4 INSTRUCTIONS FOR PROVIDING PUBLIC COMMENTS REGARDING MEETING AGENDA Public comments are permitted at most scheduled board meetings. When public comments are permitted, there are several alternative ways for the citizens to provide public comments to the board prior to or during the scheduled board meeting: 1. ONLINE PUBLIC COMMENT FORM Please complete a City online public comment registration form and upload any relevant attachments related to the City of Cape Canaveral and board agenda items at: https://www.cityofcapecanaveral.org/government/city departments/city clerk s office/public m eeting speaker registration.php Comments must be received no later than 4 PM the day of the meeting and these comments will be distributed to the board and City staff and officials participating in the meeting. Any comments received after the deadline may not be distributed and read during the meeting but will be included as part of the record. At the meeting, City staff will read your written comment and add it to the public record. However, public comments are limited to three (3) minutes so please keep your written comments to no more than 400 words. Please note that written comments that extend beyond the set time limit will not be read in their entirety. The citizens entire written comment, however, will be entered into the record. Public comments read into the record are subject to City meeting rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the board and may be reduced from three (3) minutes based on the number of speakers and comments received or previous comments made by the speaker. 2. BY EMAIL OR U.S. MAIL Please send your written public comment and any relevant attachments related to the City of Cape Canaveral and board agenda to publiccomments@cityofcapecanaveral.orq, or deliver them in writing by U.S. Mail to Cape Canaveral City Clerk's Office, ATTENTION: PUBLIC COMMENT, 100 Polk Avenue, Cape Canaveral, Florida 32920. Comments must be received no later than 4 PM the day of the meeting and these comments will be distributed to the board and City staff and officials participating in the meeting. Any comments received after the deadline may not be distributed and read during the meeting but will be included as part of the record. Emails are preferred over U.S. Mail. Please identify the applicable board meeting and include your name, address, phone number and the agenda item or topic of your public comments in the email. At the meeting, City staff will read your written comment and add it to the public record. However, public comments are limited to three (3) minutes so please keep your written comments to no City of Cape Canaveral Virtual Meeting Instructions Page 2 of 4 more than 400 words. Please note that written comments that extend beyond the set time limit will not be read in their entirety. The citizen's entire written comment, however, will be entered into the record. Public comments read into the record are subject to City meeting rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the board and may be reduced from three (3) minutes based on the number of speakers and comments received or previous comments made by the speaker. 3. PARTICIPATION OPPORTUNITIES DURING THE GOTOWEBINAR MEETING There will be appropriate times during the GoToWebinar meeting when the chairperson or designee of the meeting will invite live public comment during the public participation portion of the meeting and for specific agenda items. You must be properly logged into the live GoToWebinar meeting on your computer or electronic device and have a functioning microphone to participate live. When these invitations are announced by the chairperson or designee at the meeting, citizens may virtually raise their hand to speak by pressing the hand feature on the GoToWebinar screen in timely manner so as to be recognized as a speaker by the City staff person monitoring the meeting. The hand feature is illustrated in the following screenshot: Audio Sound Check Computer audio Phone call MUTED Microphone (HD Webcan C510) Speakers (High Definition Aud... Questions (Enter a question for staff Multi sessions different registrants Webinar ID: 980-960-603 GoToWebinar When the citizen is recognized by the City monitor for their turn to speak to the board, the citizen's audio will be unmuted, and citizens should speak loudly into their microphone. The citizen must first state their name and address for the record, and then provide their public comment within the time period allowed. The public comment must also be relevant to the board agenda item being considered at that time, and not for purposes of repeating any written comments previously provided by the speaker by online public input form, email or mail. Irrelevant and repetitive public comments will be deemed out -of -order and will not be heard. At the conclusion of the Citizen's public comment opportunity, the citizen's audio will be muted so the board can continue conducting the meeting. City of Cape Canaveral Virtual Meeting Instructions Page 3 of 4 Public comments are limited to three (3) minutes. The comments will be heard at the meeting and will be entered into the record. Public comments are subject to City meeting rules of decorum. The citizen's activated audio may be muted by the City for violating the time limit or rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the board and may be reduced from three (3) minutes based on the number of speakers or comments received or previous comments made by the speaker. ACCESSIBILITY STATEMENT The City intends to have a sign language interpreter participating at the meeting who will be visible on the GoToWebinar videoconference screen. However, in accordance with the Americans with Disabilities Act of 1990, persons needing additional special accommodation to participate in this meeting may contact the City Clerk's Office at 321-868-1220 no later than one (1) business day prior to the meeting. MISCELLANEOUS The rules established herein are intended to provide a general framework for the conduct of public CMT meetings as authorized pursuant to the Governor's Executive Orders Nos. 20-52 and 20-69. The City of Cape Canaveral reserves the right to modify, amend, or discontinue these temporary procedures for public comments, with or without notice, in order to ensure compliance with applicable laws, rules and regulations; to overcome technical or logistical difficulties or practical challenges in implementing public meetings via CMT; or to ensure the public health, safety and welfare of the public. Thank you for your patience and understanding during this very challenging time. For more information about these temporary procedures or a board meeting, please contact the City Clerk prior to the meeting during normal City business hours at: 321-868-1220. City of Cape Canaveral Virtual Meeting Instructions Page 4 of 4 City of Cape Canaveral City Council Special Meeting - April 14, 2020 Agenda Item Summary Item No. 1 Subject: Familiarization and utilization of the GoToWebinar platform. Department: City Manager's Office Summary: City Council, Staff and the general public will utilize, practice and identify any troubleshooting needs with conducting a communications media technology (CMT) virtual meeting prior to the April 21, 2020 Regular Meeting. Submitting Department Director: Todd Morley Date: 4/13/2020 Attachments: None. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/13/2020 Interim City Manager recommends City Council take the following action: Utilize this portion of the meeting to become more familiar with use of GoToWebinar and identify any issues that may require troubleshooting. Approved by Interim City Manager: Todd Morley Date: 4/13/2020 City of Cape Canaveral City Council Special Meeting - April 14, 2020 Agenda Item Summary Item No. 2 Subject: Resolution No. 2020-09: confirming and extending the COVID-19 Declaration of Civil Emergency approved by the Mayor on March 16, 2020; affirming and ratifying the Mayor's Supplemental Emergency Orders No. 1 (Temporarily tolling time periods for processing development permit applications), No. 2 (Temporarily allowing use of feather flags and snipe signs by businesses), and No. 3 (Temporary beach use restrictions and amending use of feather flags and snipe signs to "essential service" businesses only); affirming and ratifying the City Manager's Emergency Order No. 1 (Prohibiting the use of public beach -end parking spaces within City rights - of -way for beach access); providing for the future termination of the Civil Emergency by the City Council at a later date; providing for the repeal of prior inconsistent resolutions severability and an effective date. Department: City Manager's Office Summary: The World Health Organization defines COVID-19, novel coronavirus, as the infectious disease caused by the most recently discovered coronavirus. This new virus and disease were unknown before the outbreak began in Wuhan, China, in December 2019. The CDC (Centers for Disease Control and Prevention - cdc.gov) is responding to a pandemic of respiratory disease spreading from person -to -person caused by a novel (new) coronavirus. The disease has been named "coronavirus disease 2019" (abbreviated "COVID-19"). This situation poses a serious public health risk. The federal government is working closely with state, local, tribal, and territorial partners, as well as public health partners, to respond to this situation. COVID-19 can cause mild to severe illness; most severe illness occurs in adults. On March 1, 2020, Florida Governor Ron DeSantis issued Emergency Order (EO) 20-51 establishing COVID-19 response protocols and declaring a public health emergency in the State of Florida. March 9, 2020 the Governor issued EO 20-52 containing Section 4: "I find that the special duties and responsibilities resting upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to suspend the application of the statutes, rules, ordinances, and orders they administer." Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Following declarations of emergency issued respectively by the President of the United States, Governor Ron DeSantis and Brevard County, the Mayor of Cape Canaveral, by the powers vested in the Mayor by law, issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 on March 16, 2020 (hereinafter referred to as "Declaration"). Additionally, the Resolution includes: ➢ Supplemental Emergency Orders Nos. 1, 2 and 3 issued by the Mayor in further of the Declaration are hereby affirmed and ratified and shall remain in effect until amended or cancelled by the City Council, Mayor or City Manager pursuant to the City's Emergency Powers; and City of Cape Canaveral City Council Special Meeting — April 14, 2020 Agenda Item No. 2 Page 2 of 2 ➢ Emergency Order No. CM #1 issued by the City Manager prohibiting the public's use of public beach -end parking spaces, which are located on City rights -of -way, for beach access purposes shall remain in effect until amended or cancelled by the City Council, Mayor or City Manager. An executed copy of Emergency Order CM#1 issued by the City Manager referenced herein is attached to this Resolution and fully approved by the City Council and incorporated herein by this reference. It is now incumbent upon the City Council to adopt Resolution No. 2020-09. Submitting Department Director: Todd Morley Date: 4/13/2020 Attachments: Resolution No. 2020-09 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/13/2020 Interim City Manager recommends City Council take the following action: Adopt Resolution No. 2020-09. Approved by Interim City Manager: Todd Morley Date: 4/13/2020 RESOLUTION NO. 2020-09 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; CONFIRMING AND EXTENDING THE COVID-19 DECLARATION OF CIVIL EMERGENCY APPROVED BY THE MAYOR ON MARCH 16, 2020; AFFIRMING AND RATIFYING THE MAYOR'S SUPPLEMENTAL EMERGENCY ORDERS NO. 1 (TEMPORARILY TOLLING TIME PERIODS FOR PROCESSING DEVELOPMENT PERMIT APPLICATIONS), NO. 2 (TEMPORARILY ALLOWING USE OF FEATHER FLAGS AND SNIPE SIGNS BY BUSINESSES), AND NO. 3 (TEMPORARY BEACH USE RESTRICTIONS AND AMENDING USE OF FEATHER FLAGS AND SNIPE SIGNS TO "ESSENTIAL SERVICE" BUSINESSES ONLY); AFFIRMING AND RATIFYING THE CITY MANAGER'S EMERGENCY ORDER NO. 1 (PROHIBITING THE USE OF PUBLIC BEACH -END PARKING SPACES WITHIN CITY RIGHTS -OF -WAY FOR BEACH ACCESS); PROVIDING FOR THE FUTURE TERMINATION OF THE CIVIL EMERGENCY BY THE CITY COUNCIL AT A LATER DATE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, this Resolution is adopted in accordance with the emergency powers vested in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and WHEREAS, following declarations of emergency issued respectively by the President of the United States, Governor Ron DeSantis and Brevard County, the Mayor of Cape Canaveral, by the powers vested in the Mayor by law, issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 on March 16, 2020 (hereinafter referred to as "Declaration"); and WHEREAS, after the issuance of the Declaration, on March 31, 2020, the President updated federal public health guidance regarding COVID-19 and issued an advisory called "30 Days to Slow the Spread," and along with the White House Coronavirus Task Force urged Americans to continue to adhere to CDC social distancing guidelines and expand community mitigation efforts to avoid gatherings of more than 10 people; and WHEREAS, in furtherance of the President's guidance and the guidance of the State Surgeon General, Governor DeSantis has issued several Executive Orders to -date that restrict certain activities and the operations of various businesses in order to implement and comply with social distancing guidelines and mitigate against the spread of COVID-19, strengthened public health measures in response to COVID-19, and temporarily authorized local government boards to conduct virtual public board meetings using communication media technologies such as telephonic and video conferencing in an effort to assist local governments to conduct board business while avoiding public in -person group meetings; and City of Cape Canaveral Resolution No. 2020-09 Page 1 of 4 WHEREAS, also after the issuance of the Declaration, Governor DeSantis issued Emergency Executive Order Number 20-91 and 92 on April 2, 2020, imposing a "safer at home" order which requires all persons in Florida to limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, in furtherance of the Declaration, and an emergency action taken by Brevard County, Canaveral Port Authority and other Brevard County Municipalities to close public beach parking to limit public access to the beaches in order to mitigate against the occurrence of mass gatherings and the spread of COVID-19, the City Manager issued Emergency Order CM #1 establishing an emergency measure pursuant to Section 18-3(m) of the City Code to likewise prohibit the public's use of City public beach -end parking spaces located on City rights -of -way for beach access purposes; and WHEREAS, the City Council hereby finds that the City is currently in a state of emergency due to the fact that in conjunction with other local, state and federal agencies, the City is required to continue to take appropriate measures to deal with the COVID-19 emergency; and WHEREAS, the City Council further finds that it is necessary and reasonable for the City to continue lawfully exercising emergency powers invoked by the Declaration approved by the Mayor as deemed necessary to preserve and protect the public health, safety and welfare of the citizens of Cape Canaveral and City officials and staff; and WHEREAS, pursuant to Section 18-4 of the City Code, the City Council finds that the COVID-19 Emergency exists and it is necessary to confirm and extend the Declaration of Civil Emergency approved by the Mayor until further notice of the City Council and to affirm and ratify the previous Supplemental Emergency Orders issued by the Mayor and referenced herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Confirming and Extending Civil Declaration of Emergency. Pursuant to Section 18-4 of the City Code, the City Council hereby confirms and extends until further action of the City Council, the Declaration of Civil Emergency approved by the Mayor on March 16, 2020. City of Cape Canaveral Resolution No. 2020-09 Page 2 of 4 An executed copy of the Declaration of Civil Emergency is attached to this Resolution and fully approved by the City Council and incorporated herein by this reference. Section 3. Affirming and Ratifying Prior Supplemental Emergency Orders by Mayor and City Manager. (a) Supplemental Emergency Orders Nos. 1, 2 and 3 issued by the Mayor in further of the Declaration are hereby affirmed and ratified and shall remain in effect until amended or cancelled by the City Council, Mayor or City Manager pursuant to the City's Emergency Powers. (b) Emergency Order No. CM #1 issued by the City Manager prohibiting the public's use of public beach -end parking spaces, which are located on City rights -of -way, for beach access purposes shall remain in effect until amended or cancelled by the City Council, Mayor or City Manager. An executed copy of Emergency Order CM#1 issued by the City Manager referenced herein is attached to this Resolution and fully approved by the City Council and incorporated herein by this reference. (c) Neither this Section nor any other provision of this Resolution shall be construed or interpreted as limiting or repealing any of the City's Emergency Powers, duties and responsibilities vested in the City. Section 4. Termination of Declaration of Civil Emergency. The Declaration of Civil Emergency issued by the Mayor and approved hereunder shall remain in effect within the jurisdictional limits of the City of Canaveral until terminated by the City Council by Resolution. Section 5. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 7. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. [Adoption and Signature Page Follows] City of Cape Canaveral Resolution No. 2020-09 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting duly assembled on the 14th day of April, 2020. Bob Hoog, Mayor 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 Mike Brown For Against Rober Hoog Mickie Kellum Wes Morrison Angela Raymond City of Cape Canaveral Resolution No. 2020-09 Page 4 of 4 BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF CIVIL EMERGENCY WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can be spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and WHEREAS, Governor DeSantis has issued Executive Order Number 20-52 declaring a state of emergency in the State of Florida regarding COVID-19, which is hereby incorporated herein by this reference with respect to findings and applicability to the municipalities within the State of Florida; and WHEREAS, on March 13, 2020, President Donald Trump has declared a national emergency regarding COVID-19; and WHEREAS, on March 15, 2020, Brevard County declared a county emergency regarding COVID-19; and WHEREAS, the Centers for Disease Control and Prevention has issued interim guidance for COVID-19 which currently recommends that for the next 8 weeks, organizers (whether groups or individuals) cancel or postpone in -person events that consist of 50 people or more throughout the United States, and have recommended practicing "social distancing" in public spaces to slow the spread of infection; and WHEREAS, cities in the United States and foreign cities are experiencing COVID- 19 outbreaks that have had significant health, safety, and economic impacts on their residents, businesses, and visitors, and have resulted in mandatory quarantines, self - isolation, business supply chain interruptions, cancellations of school and conventions and other actions affecting people's lives and livelihoods; and WHEREAS, in furtherance of the emergency declarations of the President of the United States, Governor of Florida, and Brevard County, I find it necessary, by virtue of the authority vested in me as Mayor of the City of Cape Canaveral, Florida, to likewise declare a local public health emergency within Cape Canaveral so the City may immediately take emergency protective actions when necessary and do its part to attempt to slow the spread of infection of COVID-19 and to take such steps deemed necessary to protect the public health, safety and welfare; 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 City of Cape Canaveral Mayor Declaration of Emergency COVID-19 Page 1 of 4 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 at 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 COVID-19 poses a serious threat to the lives and property of the residents and businesses of the City of Cape Canaveral and that a state of local emergency is declared effective this 16th day of March, 2020 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. Emergency Powers. 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. 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 City of Cape Canaveral Mayor Declaration of Emergency COVID-19 Page 2 of 4 Canaveral for employment within or outside the political limits of the City of Cape Canaveral. 5. REQUEST FOR ASSISTANCE: Request Federal, State and 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 f) 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. 8. CITY MEETINGS AND EVENTS. Unless otherwise directed by the City Council, the City Manager is hereby authorized to cancel or postpone all City board meetings and City hosted/organized/sponsored public events and gatherings as deemed advisable under the guidance provided by public health officials. SECTION 3. City Officials. 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. Citizens. All citizens are called upon to stay informed about COVID-19 and are hereby directed to comply with the necessary emergency measures, to cooperate with public officials and civil public health officials, and 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 City of Cape Canaveral Mayor Declaration of Emergency COVID-19 Page 3 of 4 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. DECLARED by the Mayor of the City Council of the City of Cape Canaveral, Florida, this 16th day of March, 2020. ATTEST (City Seal) Mia Goforth City Clerk, MMC Bob Hoog, Mayor Approved as to legal form and sufficiency for The City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Mayor Declaration of Emergency COVID-19 Page 4 of 4 SEAL of Cape Canaveral, Florida BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF EMERGENCY— COVID-19 SUPPLEMENTAL EMERGENCY ORDER #1 WHEREAS, on March 16, 2020, by the powers vested in me as Mayor of the City of Cape Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 ("Declaration") following declarations of emergency issued respectively by the President of United States, Governor Ron DeSantis and Brevard County, and said Declaration shall remain in full force and effect until further notice; and WHEREAS, the intent and purpose of this Supplemental Emergency Order is to supplement the Declaration; and WHEREAS. COVID-19 continues to pose an imminent risk to healthcare workers, first responders, and emergency medical services workers caring for patients with COVID-19 and to residents and businesses in Cape Canaveral and neighboring communities; and WHEREAS, the Centers for Disease Control and Prevention ("CDC") currently recommends mitigation measures in communities with COVID-19 cases including no meetings, events, or gatherings with ten (10) or more people, staying at home when sick, keeping away from others who are sick, and staying at home when a household member is sick with respiratory disease symptoms or if instructed to do so by public health officials or a health care provider; and WHEREAS, the ability to conduct public business in accordance with Florida's Sunshine Law and quasi-judicial requirements at open public meetings is currently severely hampered; and WHEREAS, formerly routine processes of the City, and elsewhere, are disrupted and taking longer to accomplish due to coronavirus precautions being mandated by the federal, state and county governments; and WHEREAS, under the circumstances, additional time for applicants and the City to complete and process development permit or development order applications will likely be required during the current emergency; and WHEREAS, during this emergency period, City staff will continue to process development permit and development order applications as quickly as is possible under the circumstances; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME, AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that this Supplemental Emergency Order is hereby adopted and applicable 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 Supplemental Emergency Order. SECTION 2. Tolling of Tinnefranmes for Processing Applications Under Section 166.033, Florida Statutes and City Code' The time frames for the City to process any and all applications for development permits or development orders under Section 166.033' Florida Statutes and applicable City [odes are hereby tolled until the City staff fully responds and applicable City committees or boards take official act/on on the application, or the current Declaration expires orbrescinded, whichever occurs first. Upon expiration V,rescission of the Declaration, the timefrarnes shall be extended by an additional thirty (30) days for pending applications in order to provide a smooth transition for applicants to complete and the City to process such applications. At the expiration or rescission of the Declaration, the subject matter of this Supplemental Emergency Order shall be reevaluated in light ofconditions presented at that tinne, and a determination of whether further extensions of the tirnefrarnes and this Order are necessary. SECTION 3. Effective Date. This Supplemental Emergency Order shall become effective immediately upon execution of this order by the undersigned. SECTION 4. Notice to the City Council. The City Clerk ishereby directed to provide a copy of this Supplemental Emergency Order toall members ofthe City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials. In addition, a copy shall also be provided to all current and future applicants of development permits and development orders affected by this Supplemental Emergency Order. DECLARED by the Mayor of the City of Cape Canaveral, Florida this 20th day of March, 2020. Bob Hoog, Mayor Mia Goforth City Clerk, MMC Approved as to legal form and sufficiency for the City of Cape Canaveral, Florida only: Anthony A. Garganese City Attorney BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF EMERGENCY — COVID-19 SUPPLEMENTAL EMERGENCY ORDER #2 (Feather Flags and Snipe Signs) WHEREAS, on March 16, 2020, by the powers vested in me as Mayor of the City of Cape Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 ('Declaration') following declarations of emergency issued respectively by the President of United States, Governor Ron DeSantis and Brevard County, and said Declaration shall remain in full force and effect until further notice; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ('CDC') issued the '15 Days to Slow the Spread' guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, bars, restaurants, food courts gyms and other indoor and outdoor venues where groups of people congregate should be closed; and WHEREAS, in furtherance of the President's guidance and the guidance of the State Surgeon General, Govemor DeSantis has issued several Executive Orders to -date that restrict the operations of various businesses in order to implement and comply with social distancing guidelines; and WHEREAS, businesses around the country, including those in Cape Canaveral, that are still permitted to operate have been forced to adapt to these social distancing guidelines and orders, and are implementing creative operational changes to attract and service customers during the emergency period; and WHEREAS, as Mayor of the City of Cape Canaveral, I am committed to supporting retailers, restaurants and their employees as they pursue creative business practices that safely serve customers during this temporary period of social distancing and emergency, and WHEREAS, the intent and purpose of this Supplemental Emergency Order #2 is to supplement the Declaration; and WHEREAS, COVID-19 continues to pose an imminent risk to healthcare workers, first responders, and emergency medical services workers caring for patients with COVID-19 and to residents and businesses in Cape Canaveral and neighboring communities; and WHEREAS, the Centers for Disease Control and Prevention (`CDC' currently recommends mitigation measures in communities with COVID-19 cases including no meetings, events, or gatherings with ten (10) or more people, staying at home when sick, keeping away from others who are sick, and staying at home when a household member is sick with respiratory disease symptoms or if instructed to do so by public health officials or a health care provider, and 1 WHEREAS, in order to promote the sale of available and necessary goods and services to the public and to attract potential customers in need of such goods and services while traveling along the rights -of -way without unnecessarily leaving their vehicles and maintaining social distancing guidelines, I support a temporary waiver of the City's Sign Code during this unique COVID-19 emergency to allow the installation of temporary on -premises 'feather flags' and 'snipe signs' by businesses providing available goods and services to the public provided the installed feather flags and snipe signs comply with the terms of this Supplemental Order #2; and WHEREAS, the terms and conditions imposed by this Supplemental Order #2 for feather flags and snipe signs are derived predominantly from the terms and conditions established by the City Council for other authorized temporary on -premises signs as set forth in Chapter 94 of the Cape Canaveral Code; and WHEREAS, this Supplemental Emergency Order #2 is intended to apply to businesses located only within the City's commercial and industrial zoning areas and zoned C-1, C-2 and M- 1 zoning districts; and WHEREAS, upon termination of the emergency and Declaration, however, the waiver authorized by this Supplemental Declaration shall expire and any feather flags and snipe signs shall be permanently removed because under normal circumstances, such flags and signs contribute to long lasting urban blight and deterioration, negatively impact the quality of life of Cape Canaveral residents and businesses, are contrary to maintaining Cape Canaveral as an attractive, safe and healthy sustainable urban environment, and if allowed to proliferate could pose traffic safety problems for motorists and pedestrians; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME, AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that this Supplemental Emergency Order #2 is hereby adopted and applicable 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 Supplemental Emergency Order #2. SECTION 2, Sign Code Waiver — Temporary On-Premlises Feather Flags and Snipe Signs. On property currently zoned C-1, C-2, and M-1, the prohibition of feather flags and snipe signs under Chapter 94 of the City Code is hereby temporary waived for businesses that are open for business and providing goods and services to the public. Such businesses shall be permitted to install temporary on -premises feather flags and snipe signs under the following terms and conditions: A. In addition to the temporary on -premises signs permitted under Section 94-76 of the Cape Canaveral City Code, one temporary on -premises feather flag and one temporary on - premises snipe sign are allowed for every 150 linear feet of property frontage, or portion thereof unless additional signage is authorized and required by state or federal law. Individual tenant spaces occupied by a business located on a property shall be permitted one such feather flag and one snipe sign for each separate business, regardless of the linear feet of property frontage so 2 that each business operating in separate space on the property is afforded an equal opportunity to install one feather flag and one snipe sign. Feather flags and snipe signs must also comply with the following conditions and requirements: (1) Shall only be displayed during the operational hours of the subject business, and shall be removed and installed inside a building when the business is not in operation. (2) Shall be substantially secured or weighted to resist movement while on display. (Per Sec. 94-76(2)(4), Cape Canaveral Code) (3) Shall not encroach into vehicular circulation areas or be located so as to reduce parking areas. (Per Sec. 94-76(2)(n)(5), Cape Canaveral Code) (4) Minimum setbacks for any part of the temporary feather flag or snipe sign structure shall be a minimum of two feet from any right-of-way. (Per Sec. 94-76(2)(g), Cape Canaveral Code) (5) No part of any temporary feather flag and snipe sign shall be placed within the right-of- way or within the visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safety. No part of any temporary feather flag and snipe sign shall be located so as to reduce any required parking area. No part of any temporary feather flag and snipe sign shall be located in such a way that it restricts a pedestrian way and/or sidewalk to Tess than 44 inches in width. Temporary feather flags and snipe signs shall be removed and brought inside a building when there are storm warnings so as not to become a hazard during a storm event. (Per Sec. 94-76(2)(h), Cape Canaveral Code) (6) Shall be freestanding and shall not rely on any support that is not a part of the feather flag or snipe sign. (Per Sec. 94-76(2)(i), Cape Canaveral Code) (7) Snipe signs shall be treated substantially similar to temporary on -premises sandwich boards and subject to the following conditions: a. Shall not exceed five feet in overall height (per Sec. 94-76(2)(n)(1), Cape Canaveral Code); b. Shall not exceed 12 square feet in area (per Sec. 94-76(2)(n)(2), Cape Canaveral Code); c. May be double-faced (back-to-back) and only one side of a double-faced sign shall be counted for sign area calculations. (Per Sec. 94-76(2)(e), Cape Canaveral Code); and d. Shall be constructed of sturdy material such as wood, hard plastic, vinyl, hardboard or particle board of sufficient thickness so as to withstand the weather elements commonly experienced within the city. Cardboard and paper -faced temporary signs are strictly prohibited unless they are safely fastened, in their entirety, to a backing made of material set forth in this section (Per Sec. 94-76(2)0), Cape Canaveral Code). 3 (B) No provision of this Supplemental Emergency Order #2 shall be construed or interpreted as authorizing the installation of an off -premises feather flag and snipe sign. (C) At such a time as the Declaration or Supplemental Emergency Order #2 is terminated, all feather flags and snipe signs installed pursuant to this Supplementary Emergency Order #2 shall be removed by the business or property owner within 24 hours of said termination. (D) Pursuant to Section 18-3 of the Cape Canaveral City Code, this emergency measure shall have the full force and effect of law. Violations of this emergency measure shall constitute a code violation and be punishable pursuant to Section 18-6, Cape Canaveral Code. SECTION 3, Effective Date; Termination. This Supplemental Emergency Order #2 shall become effective immediately upon execution of this order by the undersigned and upon termination, feather flags and snipe signs shall again be considered prohibited signs under Chapter 94 of the Cape Canaveral Code. This Supplemental Emergency Order #2 may be expressly terminated by subsequent order of the Mayor or City Council or shall automatically terminate at such time the Declaration is terminated. SECTION 4. Notice to the City Council. The City Clerk is hereby directed to provide a copy of this Supplemental Emergency Order to all members of the City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials. DECLARED by the Mayor of the City of Cape Canaveral, Florida this 27th day of March, 2020. ATTEST (City Seal) Mia Goforth City Clerk, MMC Bob Hoog, Mayor Approved as to legal form and sufficiency for the City of Cape Canaveral, Florida only: Anthony A. Garganese, City Attorney 4 SEAL of Cape Canaveral, Florida BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF EMERGENCY — COVID-19 SUPPLEMENTAL EMERGENCY ORDER #3 (Governor EO 20-91/92 - Beaches and Amendment to Supplemental Emergency Order #2 re: Feather Flags and Snipe Signs) WHEREAS, on March 16, 2020, by the powers vested in me as Mayor of the City of Cape Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 ("Declaration") following declarations of emergency issued respectively by the President of United States, Governor Ron DeSantis and Brevard County, and said Declaration shall remain in full force and effect until further notice; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, bars, restaurants, food courts gyms and other indoor and outdoor venues where groups of people congregate should be closed; and WHEREAS, on March 31, 2020, the President updated the guidance, renaming it "30 Days to Slow the Spread," and along with the White House Coronavirus Task Force urged Americans to continue to adhere to the guidelines and expand community mitigation efforts; and WHEREAS, in furtherance of the President's guidance and the guidance of the State Surgeon General, Governor DeSantis has issued several Executive Orders to -date that restrict the operations of various businesses in order to implement and comply with social distancing guidelines; and WHEREAS, on April 2, 2020, Governor DeSantis issued Emergency Executive Order Number 20-91 and 92 imposing a "safer at home" order which requires all persons in Florida to limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, Section 4 of Executive Order Number 20-91, as amended by 20-92 provides that "this Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19;" and WHEREAS, as Mayor of the City of Cape Canaveral, I am committed to supporting the Governor's Executive Orders to fight against the spread of COVID-19, and to protect the residents and businesses in Cape Canaveral; and WHEREAS, the intent and purpose of this Supplemental Emergency Order #3 is to supplement the Declaration and to expressly revise Supplemental Emergency Order #2 regarding feather flags and snipe signs to address the local preemption in Section 4 and therefore, to permit such flags or signs for businesses that are only deemed to be providing "essential services" as defined by the Governor's Executive Order Number 20-91 and 92; and 1 WHEREAS, Executive Order Number 20-91 also limits citizen conduct to "essential activities," which include "participating in recreational activities (consistent with social distancing guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming" and prohibits social gatherings in a public space; and WHEREAS, Executive Order Number 20-91 further provides that local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public space; and WHEREAS, in recognition of Executive Order Number 20-91 may impact our citizens ability to use the beaches within the City of Cape Canaveral, and other Brevard County beachside communities are adopting a similar approach, I find it necessary to post a public notice at the beaches as specifically stated herein; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME, AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that this Supplemental Emergency Order #3 is hereby adopted and applicable 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 Supplemental Emergency Order #3. SECTION 2. Amendment to Supplemental Emergency Order #2 — "Essential Services" Businesses. Due to the local preemption set forth in Section 4 of the Governor's Executive Order Number 20-91 and 20-92, Supplemental Emergency Order #2 is hereby revised to limit the use of feather flags or snipe signs by businesses that are only permitted to operate because such businesses are deemed to be providing "essential services" as defined by the Governor's Executive Order Number 20-91. SECTION 3. Beaches — Essential Activities Permitted. Due to the Governor's Executive Order Number 20-91, the City Manager shall post a public notice at public beach access points and advise Cape Canaveral residents by use of social media in a manner substantial form as follows: COVID-19 Beach Restrictions In Furtherance of Florida Governor DeSantis' Executive Order 20-91, the following Beach Restrictions will be in effect beginning April 3, 2020 at 12:01 a.m. in order to suppress the spread of the COVID-19 virus until further notice: 2 Beach activities are limited to Participating in Recreational Activities (consistent with Social Distancing Guidelines) such as walking, biking, hiking, fishing, running or swimming. Beaches are closed to activities which violate CDC social gathering and social distancing guidelines. Beachgoers must abide by Social Distancing (minimum 6 ft.) Social Gatherings of 10 or more people are prohibited. Beachgoers must act responsibly consistent with all public guidelines so that beaches may remain open for these limited activities. The City reserves the right to fully close the beaches if the public engages in irresponsible behavior inconsistent with public guidelines. To view Florida Executive Order 20-91, or to learn more about how you can protect yourself from the COVID-19 Virus, please visit wwvv.cityofcapecanaveral.org Working Together We Can Get Through This ****************************************************************************/ The City Manager may revise this notice if he deems necessary to address the public health, safety and welfare of the public pursuant to the emergency authority vested in him under Chapter 18 of the City Code. SECTION 4. Effective Date; Termination. This Supplemental Emergency Order shall become effective immediately upon execution of this order by the undersigned. SECTION 5. Notice to the City Council. The City Clerk is hereby directed to provide a copy of this Supplemental Emergency Order to all members of the City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials. DECLARED by the Mayor of the City of Cape Canaveral, Florda this 3rd day of April, 2020. Bob Hoog, Mayor ATTEST (City SeaI) Mia Goforth City Clerk, MMC 3 Approved as to legal form and sufficiency for the City o pe Canaveral, Florida only: Anthony A. Garganese, City Attorney 4 CITY OF CAPE CANAVERAL STATE OF EMERGENCY - COVID- 19 CM Order #1 TOWING AND FINES FOR PARKING IN CLOSED AREAS Beginning 12:00 p.m. 3/20/2020 until rescinded Pursuant to the authority vested in me as lnterim City manager of Cape Canaveral by the City Council of the City of Cape Canaveral, and in furtherance of the Declaration of Civil Emergency signed by Mayor Bob Hoog on March 16, 2020 and the emergency powers vested in me as City Manager under Section 18-3 of the City Code, I hereby Order that vehicles parked in locations that have been closed for use by the public shall be subject to immediate towing and shall be subject to a fine for violation (pursuant to Cape Canaveral City Code Secs. 18-6 and 1-15) which is set at $500.00 per occurrence. The phone number of the towing company is 321-632-1234. Done and ordered this 20th day of March, 2020 Todd Morley, Interim City Manager