M E M O R A N D U M
To: Honorable Members of the Town Council
From: Rafael G. Casals, ICMA-CM, CFM, Town Manager
Date: July 15, 2020
Re: Confirming Town Manager’s Emergency Order No. 20-06, Emergency
Order No. 20-07, Amendment No. 1 to Emergency Order No. 20-06, and
Amendment No. 1 to Emergency Order No. 20-07
Coronavirus Disease 2019 (COVID-19) Pandemic
REQUEST
title
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, CONFIRMING EMERGENCY ORDER NO. 20-06, EMERGENCY ORDER NO. 20-07, AMENDMENT 1 TO EMERGENCY ORDER NO. 20-06, AND AMENDMENT NO. 1 TO EMERGENCY ORDER NO. 20-07 DUE TO THE CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC; AND PROVIDING FOR AN EFFECTIVE DATE.
body
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, the following Orders have been declared:
• March 9, 2020: State of Emergency, Governor Ron DeSantis of the State of Florida;
• March 12, 2020: Local State of Emergency, Mayor Carlos A. Gimenez of Miami-Dade County;
• March 13, 2020: National Emergency, President Donald J. Trump of the United States.
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”.
During the April 22, 2020 Regular Town Council Meeting, the Town Council adopted Resolution No. 20-15, confirming the Town Manager’s Declaration of State of Emergency and Emergency Order No. 20-01 (Facial Coverings), Emergency Order No. 20-02 (Zoning in Progress) and Emergency Order No. 20-03 (Rules of Procedure for Public Meeting) for the Town due to COVID-19.
During the May 20, 2020 Regular Town Council Meeting, the Town Council adopted Resolution No. 20-25, confirming the Town Manager’s Emergency Order No. 20-04 (Park Closures) for the Town due to COVID-19.
During the June 17, 2020 Regular Town Council Meeting, the Town Council adopted Resolution No. 20-29, confirming the Town Manager’s Emergency Order No. 20-05 (Outdoor Dining Expansion), Amendment No. 1 (Park Reopening) and Amendment No. 2 (Park Reopening) to Emergency Order No. 20-04 for the Town due to COVID-19.
On June 25, 2020, Emergency Order No. 20-06 was issued with a commencement date of June 26, 2020 at 12:01 a.m. The purpose of the Order was to conduct Quasi-Judicial Hearings virtually if requested by an Applicant; otherwise, quasi-judicial hearings will be scheduled for the next available regularly scheduled Town Council meeting where all individuals may attend the hearing in person in the Town Council Chambers. Order No. 20-06 was sent to the Town Clerk’s Office for posting, as well as local media outlets (Attachment “A”).
On June 26, 2020, Emergency Order No. 20-07 was issued with a commencement date of June 27, 2020 at 12:01 a.m. The purpose of the Order was to repeal Emergency Order No. 20-01 and superseded by a more stringent standard regarding facial coverings. Order No. 20-07 was sent to the Town Clerk’s Office for posting, as well as local media outlets (Attachment “B”).
On July 2, 2020, Emergency Order No. 20-06 Amendment No. 1 was issued with a commencement date of July 2, 2020 at 12:00 p.m. The purpose of the Order was to revise the Virtual Quasi-Judicial Hearing Procedures Section 3. Conduct of a Hearing. Order No. 20-06 Amendment No. 1 was sent to the Town Clerk’s Office for posting, as well as local media outlets (Attachment “C”).
On July 2, 2020, Emergency Order No. 20-07 Amendment No. 1 was issued with a commencement date of July 2, 2020 at 2:00 p.m. The purpose of the Order was to replace Emergency Order No. 20-07 in its entirety and adopt Amendment No. 1 to Miami-Dade County Emergency Order No. 20-20 relating to masks or other facial coverings. Order No. 20-07 Amendment No. 1 was sent to the Town Clerk’s Office for posting, as well as local media outlets (Attachment “D”).
RECOMMENDATION
It is recommended that the Town Council adopt the attached Resolution, confirming the Town Manager’s issuance of Emergency Order No. 20-06, Emergency Order No. 20-07, Amendment No. 1 to Emergency Order No. 20-06, and Amendment No. 1 to Emergency Order No. 20-07 due to Coronavirus Disease 2019 (COVID-19) pandemic.
ATTACHMENT(S)
Ø Attachment “A” - Town Emergency Order No. 20-06 (Virtual Quasi-Judicial Hearings)
Ø Attachment “B” - Town Emergency Order No. 20-07 (Facial Covering Mandate)
Ø Attachment “C” - Town Emergency Order No. 20-06 Amendment No. 1
Ø Attachment “D” - Town Emergency Order No. 20-07 Amendment No. 1