M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, ICMA-CM, CFM, Town Manager
Date: April 22, 2020
Re: Confirming Town Manager’s Declaration of State of Emergency and
Emergency Orders 20-01, 20-02, and 20-03.
Coronavirus Disease 2019 (COVID-19) Pandemic
REQUEST
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A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, CONFIRMING A DECLARATION OF STATE OF EMERGENCY AND EMERGENCY ORDERS NO. 20-01, 20-02, AND 20-03 DUE TO CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC; AND PROVIDING FOR AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
In late 2019, a new significant outbreak of Coronavirus Disease 2019 (COVID-19) emerged throughout the World and was declared a Public Health Emergency of International Concern by the World Health Organization. On March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19 and confirmed eight (8) counties in Florida (including Miami-Dade County) to have tested positive for the disease. COVID-19 poses a health risk to Town residents (particularly elderly residents) and responding to the threat may require extraordinary and immediate actions by the Town in order to protect the public health, safety, and welfare.
In response to the COVID-19 pandemic, a National Emergency was declared by President Donald J. Trump of the United States via Proclamation effective on March 13, 2020 (Attachment “A”), Governor Ron DeSantis of the State of Florida Executive Order No. 20-52 (Attachment “B”) on March 9, 2020, and Mayor Carlos A. Gimenez of Miami-Dade County (Attachment “C”) effective on March 12, 2020.
It was imperative for the Town of Cutler Bay (the “Town”) to move swiftly to protect our residents: taking preventive and proactive measures to slow the spread of the virus and treat those affected. On March 13, 2020 the Town issued a Declaration of State of Emergency in accordance with Chapter 12, Article II, Section 12-23 of the Town Code of Ordinances (the “Code”). The Declaration was sent to the Town Clerk’s Office for posting, as well as local media outlets (Attachment “D”).
Section 12-23 of the Town Code states, “The Town Manager shall have the sole authority to declare a state of emergency hereunder […] Any declaration of a state of emergency and all emergency regulations activated under the provisions of this article and any emergency expenditures made hereunder pursuant to section 12-22(9) shall be confirmed by the Town Council by Resolution no later than the next regular meeting, or as reasonably as possible, unless the nature of the emergency renders a meeting of the Town Council impossible”.
On April 7, 2020, Emergency Order No. 20-01 was issued with a commencement date of April, 10, 2020 at 11:59 PM. The purpose for the Order was to mandate that all employees and customers of grocery stores, pharmacies, and restaurants shall be required to wear a form of covering over their nose and mouth at all times while inside these establishments. Emergency Order No. 20-01 was sent to the Town Clerk’s Office for posting, as well as local media outlets (Attachment “E”).
On April 10, 2020, Emergency Order No. 20-02 was issued with a commencement date of April 13, 2020 at 11:59 PM. The purpose for the Order was to declare a Zoning in Progress for the acceptance, processing, and approval of development applications during the declared State of Emergency. Order No. 20-02 was sent to the Town Clerk’s Office for posting, as well as local media outlets (Attachment “F”).
On April 14, 2020, Emergency Order No. 20-03 was issued with a commencement date of April 14,2020 at 11:59 PM. The purpose for the Order was to provide rules of procedure for Public Meetings utilizing communications media technology, including instructions on how to access the public meeting either via telephone, video conference, or other communications media technology utilized by the Town. Order No. 20-03 was sent to the Town Clerk’s Office for posting, as well as local media outlets (Attachment “G”).
RECOMMENDATION
It is recommended that the Town Council adopt the attached Resolution, confirming the Town Manager’s declaration of State of Emergency and Emergency Orders 20-01, 20-02, and 20-03 due to Coronavirus Disease 2019 (COVID-19) pandemic.
ATTACHMENT(S)
Ø Attachment “A” - National Emergency Declaration
Ø Attachment “B” - State of Florida Executive Order
Ø Attachment “C” - County State of Emergency Declaration
Ø Attachment “D” - Town - Declaration of State of Emergency
Ø Attachment “E” - Town Emergency Order 20-01 (Facial Coverings)
Ø Attachment “F” - Town Emergency Order 20-02 (Zoning in Progress)
Ø Attachment “G” - Town Emergency Order 20-03 (Rules of Procedure for Public
Meetings)