HomeMy WebLinkAboutcocc_council_mtg_packet_20220927_emergencyCAPE CANAVERAL CITY COUNCIL EMERGENCY MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
September 27, 2022
5:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Per Section 2-57(b), City Code, special and emergency meetings shall be limited to the purpose and
scope of the item(s) publicly noticed and placed on the meeting agenda. No other item(s) may be
discussed or decided by the city council at these meetings.
ITEM FOR ACTION I 5:00 p.m. - 5:10 p.m.
1. Resolution No. 2022-24; declaring a State of Civil Emergency due to Hurricane Ian to
commence at 8:00 a.m. on September 28, 2022; providing for 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 workshop, 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 Workshop. 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 [(321) 868-1220 x207 or x206] 48 hours in advance of the workshop.
ITEM # 1
RESOLUTION NO. 2022-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA; DECLARING A STATE OF CIVIL EMERGENCY DUE TO HURRICANE
IAN TO COMMENCE AT 8:00 A.M. ON SEPTEMBER 28, 2022; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, Hurricane Ian 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 Ian has the potential for causing extensive damage to public utilities,
public buildings, public streets and roads, public drainage systems, commercial and residential
building and areas; and
WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for a political
subdivision such as the City of Cape Canaveral to declare a state of local emergency and to
exercise certain powers and authority to safeguard the lives and property of its citizens; and
WHEREAS, on September 22, 2022, Governor Ron DeSantis issued Executive Order
22-218, declaring a state of emergency for several counties within the State of Florida in response
to Hurricane Ian, and said Executive Order was expanded on September 24, 2022, for the entire
State of Florida via Executive Order 22-219; and
WHEREAS, pursuant to Section 18-2 of the City Code of the City of Cape Canaveral,
Florida, the City Council shall have the right to declare a civil emergency by resolution; and
WHEREAS, the City Council finds that this Resolution is in the best interests of the public
health, safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED AND DECLARED BY THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, UNDER SECTION 18-2
OF THE CITY CODE, that Hurricane Ian 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 at 8:00 a.m. on September 28. 2022 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 hereby authorizes 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
City of Cape Canaveral
Resolution No. 2022-24
Page 1 of 4
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. Appropriate and expend 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
f) Rental of equipment
g) Acquisition and distribution, with or without compensation, of supplies, materials,
and facilities
City of Cape Canaveral
Resolution No. 2022-24
Page 2 of 4
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 at 8:00 a.m. on September 28, 2022, and shall terminate when
the declaration has been rescinded or terminated by resolution of the City Council or within 7
days, whichever occurs earlier.
SECTION 3. All public officials and employees of the City of Cape Canaveral are hereby
directed to exercise the utmost diligence in the discharge of the duties required of them for the
duration of the emergency and in the execution of emergency laws, regulations and directives,
state and local.
SECTION 4. All citizens are called upon and directed to comply with the necessary
emergency measures, to cooperate with public officials and civil emergency disaster service forces
in executing the emergency operational plans, and to obey and comply with the lawful directions
of properly identified public officers.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this declaration is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 6. Effective Date. This Resolution shall become effective at 8:00 a.m. on
September 28, 2022, following adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED in a Special Meeting of the City Council of the City of Cape Canaveral, Florida,
this 27th day of September, 2022.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2022-24
Page 3 of 4
ATTEST:
Daniel LeFever,
Deputy City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Kristin Eick, Assistant City Attorney
Wes Morrison, Mayor
FOR AGAINST
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
City of Cape Canaveral
Resolution No. 2022-24
Page 4 of 4