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Home My WebLink Aboutcocc_council_mtg_packet_20241007_emergencyCAPE CANAVERAL CITY COUNCIL EMERGENCY 11 LLI City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA October 7, 2024 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 1 5:00 p.m. - 5:10 p.m. 1. Resolution No. 2024-16; declaring a State of Emergency due to impending disaster conditions and the potential of Hurricane Milton to cause extensive damage to life and property within the City of Cape Canaveral; providing for repeal of prior inconsistent resolutions; providing for severability; and providing an effective date. 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 [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. RESOLUTION NO. 2024-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, DECLARING A STATE OF EMERGENCY DUE TO IMPENDING DISASTER CONDITIONS AND THE POTENTIAL OF HURRICANE MILTON TO CAUSE EXTENSIVE DAMAGE TO LIFE AND PROPERTY WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 5, 2024, Governor Ron DeSantis issued Executive Order 24-214, declaring a state of emergency for several counties within the State of Florida, in response to Tropical Storm Milton; and WHEREAS, on October 6, 2024, Governor Ron DeSantis issued Executive Order 24-215, amending Executive Order 24-214 to include additional counties to the list of affected counties; and WHEREAS, since the initial executive orders issued by the Governor, Tropical Storm Milton has increased in intensity to a hurricane and 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 Milton 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, and Chapter 18 of the City Code, provide authority for a political subdivision such as the City of Cape Canaveral to declare a state of local emergency and to exercise certain powers and authority to safeguard the lives and property of its citizens; and NOW, THEREFORE, BE IT RESOLVED that Hurricane Milton 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 upon approval of this Resolution by the City Council 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. City of Cape Canaveral Resolution No. 2024-16 Page 1 of 4 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), 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 or state assistance or invoke emergency related mutual aid assistance by declaring a state of local emergency in the event of emergency affecting the City of Cape Canaveral. The duration of each state of emergency declared locally is limited to seven (7) days, which may be extended, as necessary, in seven (7) day increments. 6. WAIVER OF PROCEDURES: To waive the procedures and formalities otherwise required of the City of Cape Canaveral by law pertaining to: a) Performance of public work and taking whatever prudent action necessary to ensure the health, safety, and welfare of the community b) Entering into contracts c) Incurring obligations d) Employment of permanent and temporary workers e) Utilization of volunteer workers f) Rental of equipment City of Cape Canaveral Resolution No. 2024-16 Page 2 of 4 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. SECTION 5. Duration. The State of Emergency shall be effective and commence at 8:00 a.m. on October 9, 2024, or sooner if conditions worsen, and as jointly authorized by the Mayor and City Manager pursuant to the emergency declaration authority vested in them under Chapter 18, City Code, and this Resolution. If declared sooner by the Mayor and City Manager, the City Manager shall immediately notify the City Council, City Attorney, City Clerk and department directors by email. The declaration of emergency shall terminate when rescinded or terminated by Resolution of the City Council or within seven (7) days of the commencement of the declaration of emergency, whichever occurs earlier. The City Council may renew this Resolution and extend the duration of the declaration of emergency by majority vote in increments of at least seven (7) days, either retroactively or going forward. SECTION 6. 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 7. 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 8. 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. 2024-16 Page3of4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled this 7th day of October, 2024. Wes Morrison, Mayor NAME Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis ATTEST: Mia Goforth, City Clerk Approved as to form and legal sufficiency For the City of Cape Canaveral only: Anthony A. Garganese, City Attorney FOR AGAINST City of Cape Canaveral Resolution No. 2024-16 Page4of4