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HomeMy WebLinkAboutcocc_council_mtg_packet_20200508_specialCITY OF CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING https://attendee.gotowebinar.com/register/5554544034272244496 1-(415)-655-0052; Attendee Access Code 226-119-251 AGENDA FRIDAY May 8, 2020 6:00 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 PUBLIC PARTICIPATION Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. Please review and follow the Special Instructions referenced above to submit public comments for this meeting. AGENDA ITEM 1. Resolution No. 2020-11; rescinding and terminating the existing emergency measure prohibiting the use of public beach -end parking spaces within City rights -of -way for beach access which was affirmed and ratified by the City Council by Resolution No. 2020-09; 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] 48 hours in advance of the meeting. 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 an internet address and/or phone number/access code listed at the top of each respective meeting agenda and on the City website's Events Calendar available at: https://www.cityofcapecanaveral.org/calendar.php 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 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 City of Cape Canaveral - Virtual Meeting Instructions Page 1 of 3 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.org, 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 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 accompanying screenshot to the right. City of Cape Canaveral - Virtual Meeting Instructions Page 2 of 3 Computer audio Phone call MUTED Microphone (HD Webcam C5101 Speakers (High Definition Aud... 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. 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. Rev. 04/15/2020 City of Cape Canaveral - Virtual Meeting Instructions Page 3 of 3 SUN SPACE AND SEA CITY OF CAPE CANAVERAL City of Cape Canaveral City Council Special Meeting - May 8, 2020 Agenda Item Summary Item No. 1 Subject: Resolution No. 2020-11; rescinding and terminating the existing emergency measure prohibiting the use of public beach -end parking spaces within City rights -of -way for beach access which was affirmed and ratified by the City Council by Resolution No. 2020-09; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: City Manager's Office Summary: City Council adopted Resolution No. 2020-09 on April 14, 2020 in response to the COVID-19 federal and state declarations of emergency and said Resolution included affirming and ratifying an existing emergency measure prohibiting the use of public beach -end parking spaces within the City rights -of -way for beach access. Since then, Florida Governor Ron DeSantis issued Emergency Order 20-122 outlining a Safe, Smart, Step -by -Step Plan for Florida's Recovery which lifted certain restrictions. Brevard County reopened County beaches including Cherie Down Park and other Brevard County beach municipalities have rescinded their own respective beach parking restrictions in furtherance of the Governor's Emergency Order 20-112. Additionally, lifting the public beach parking restriction will reduce public confusion about which public parking spaces are open. Submitted by Interim City Manager: Todd Morley Date: May 7, 2020 Attachment: Resolution No. 2020-11 Financial Impact: Staff time and effort to prepare this agenda item and to hold the Special City Council Meeting. Reviewed by Administrative/Financial Services Director: John DeLeo Date: May 7, 2020 Interim City Manager recommends City Council take the -following action: Adopt Resolution No. 2020-11. Approved by Interim City Manager: Todd Morley Date: May 7, 2020 RESOLUTION NO. 2020-11 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; RESCINDING AND TERMINATING THE EXISTING EMERGENCY MEASURE PROHIBITING THE USE OF PUBLIC BEACH -END PARKING SPACES WITHIN CITY RIGHTS -OF -WAY FOR BEACH ACCESS WHICH WAS AFFIRMED AND RATIFIED BY THE CITY COUNCIL BY RESOLUTION NO. 2020-09; 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, the City Council previously adopted Emergency Resolution No. 2020-09 in response to the COVID-19 federal and state emergency and said Resolution included affirming and ratifying an existing emergency measure prohibiting the use of public beach -end parking spaces within the City rights -of -way for beach access; and WHEREAS, since the ratification of the beach -end parking emergency measure, Brevard County has recently reopened County beaches including Cherrie Down Park, and other Brevard County municipalities have rescinded their own respective beach parking restrictions in furtherance of the Governor's Emergency Order 20-112 outlining a Safe, Smart, Step -by -Step Plan for Florida's Recovery; and WHEREAS, the City Council likewise desires to rescind and terminate the existing public beach -end parking prohibition which was ratified by the City Council pursuant to Resolution No, 2020-09; 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. Rescind Emergency Measure - Public Beach -End Parking Prohibition. The existing emergency measure prohibiting public beach -end parking within City rights -of -way ratified by the City Council pursuant to Resolution No. 2020-09 is hereby rescinded and City of Cape Canaveral Resolution No. 2020-11 Page 1 of 2 terminated effective immediately and City staff is instructed to remove the barriers as soon as possible. Section 3. 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 4. 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 5. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting duly assembled on the 8th day of May, 2020. Bob Hoog, Mayor ATTEST: For Against Mike Brown Robert Hoog Mickie Kelllum Wes Morrison Angela Raymond 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. 2020-11 Page 2 of 2