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CORONAVIRUS - Resolution 20-08 - Holmes Beach Announces State of Emergency

Mayor Titsworth, City of Holmes Beach, Florida executed  Resolution 20-08 language on March 17, 2020.  Seven days extensions were approved on both March 23, 2020 by Resolution 20-09, and on March 30, 2020 by Resolution 20-10.

RESOLUTION 20-08
CITY OF HOLMES BEACH, FLORIDA
 

A DECLARATION OF A STATE OF EMERGENCY FOR THE CITY OF HOLMES BEACH, FLORIDA, DECLARING A STATE OF LOCAL EMERGENCY DUE TO THE PANDEMIC KNOWN AS THE NOVEL CORONAVIRUS (COVID-19); PROVIDING THE MAYOR AND HER DESIGNEES WITH POWERS, INCLUDING, BUT NOT LIMITED TO THOSE SET FORTH IN FLORIDA STATUTES, CHAPTER 252.38(3), AND THE CODE OF ORDINANCES OF THE CITY OF HOLMES BEACH, CHAPTER 18-31 ET SEQ.; PROVIDING FOR PENALTIES FOR VIOLATIONS; AND PROVIDING FOR A TERMINATION DATE
            WHEREAS, Section 252.38(3), Florida Statutes, authorizes the City of Holmes Beach to declare a state of local emergency and to waive the procedures and formalities otherwise required of political subdivisions by law; and
            WHEREAS, Chapter 18. Section 18-31 et seq. of the Code of Ordinance of the City of Holmes Beach authorizes certain powers to be exercised in the event of a local state of emergency; an
            WHEREAS, a state of local emergency proclamation is allowed for seven (7) days with appropriate extensions pursuant to law
            WHEREAS, on March 1, 2020, Governor Ron DeSantis issued Executive Order 20-51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the
            State of Florida
            WHEREAS, the implementation of basic precautions of infection control and prevention, including staying at home when ill and practicing respiratory and hand hygiene are necessary to slow or prevent the spread of COVID-19; and
            WHEREAS, COVID-19 is a communicable disease with significant morbidity and mortality, and presents a severe danger to public health, and the City of Holmes Beach should take timely precautions to protect the health and safety of the residents of Holmes Beach; and 
            WHEREAS, the Mayor is exercising her authority to declare a state of local emergency as set forth in this Resolution.

            NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
             SECTION 1.   State of Local Emergency – F.S. Chapter 25228(3).

  1. The Mayor of the City of Holmes Beach, Florida, in accordance with the powers vested in her by Chapter 252.38(3), Florida Statutes, and Section 18.31 et seq. of the Code of Ordinances of the City of Holmes Beach does hereby proclaim the existence of a state of local emergency in the City of Holmes Beach, Florida, as identified in the recitals of this Proclamation. 
  2. The Mayor and her designees are authorized to take all actions necessary and appropriate to protect human life and property, including the promulgation of rules and orders as may be necessary subject to the limitations of Section 252.33, Florida Statutes. This Resolution further authorizes the Mayor and her designees to utilize all lawful authority granted to the City of Holmes Beach by Federal, State, County, or City Emergency Management Laws, Rules, Regulations, Orders and, including, but not limited to, Section 252.46 and Section 252.38(3)(a)(1) through Section 252.38(3)(a)(5), Florida Statutes, inclusive.
  3. All existing laws, ordinances, and rules inconsistent with the provisions of Sections 252.31 to Section 252.905, Florida Statutes, inclusive, or inconsistent with any rule or order specifically promulgated under this Resolution shall be suspended during this period of time and to the extent that such conflict exists. 
  4. The Mayor may suspend, toll or extend the time requirements, notice requirements and deadlines for final action on applications for permits, licenses, rates and other approvals under the City of Holmes Beach Code of Ordinances, to the extent necessary to accommodate the emergency. 
  5. Pursuant to Section 252.38(3)(a)(5), Florida Statutes, the City hereby exercises its authority and waives the procedures and formalities otherwise required of a political subdivision by law, pertaining to:
  • Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community;
  • Entering into contracts;
  • Incurring obligations;
  • Employment of permanent and temporary workers;
  • Utilization of volunteer workers;
  • Rental of equipment;
  • Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and
  • Appropriation and expenditure of public funds
  • 6. If FEMA or other federal or state programs provide for reimbursement of expenses incurred by the City in responding to the spread of COVID-19, the Mayor or her designees shall follow applicable guidelines in procuring services, materials, labor and equipment necessary to respond to the emergency, including recovery efforts.  The Mayor shall abide by the “Uniform Administrative Requirements, Cost Principles, and Audit Requirements” for federal awards, codified at 2 C.F.R. §§200.317 through 200.326.

 SECTION 2.   State of Local Emergency – Chapter 18, Code of Ordinances.
 1.         The Mayor may suspend or limit the sale, dispensing or transportation of alcoholic beverages.

2.         The Mayor may establish curfews, including but not limiting to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians.
3.         The Mayor may utilize all available resources of the city government as reasonably necessary to cope with the disaster emergency expenditures.
4.         The Mayor may make provisions for availability and use of temporary emergency housing and emergency warehousing of materials.
5.         The Mayor may establish emergency operating centers and shelters in addition to or in place of those provided for in the Manatee County's emergency management plan.
6.         The Mayor may declare that during an emergency it shall be unlawful and an offense against the city for any person, firm or corporation to use the fresh water supplied by the city for any purpose other than cooking, drinking, or bathing.
7.         The Mayor may declare that during an emergency it shall be unlawful and an offense against the City for any person, firm or corporation operating within the City to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency. The average retail price as used in this subsection is defined to be that price at which similar merchandise, goods and services were being sold during the 90 days immediately preceding the emergency or at a markup which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency.  Reimbursement shall be within 60 days and at customary value charged for the items during the 90 days immediately preceding the emergency.
8.         The Mayor, on behalf of the City, may call on the National Guard, Army, or Coast Guard, through Manatee County emergency management, or other law enforcement, fire, or public works divisions as necessary, to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control.          

            SECTION 3.   Penalties for Violations.
Any person violating any rule or order issued pursuant to this Resolution or any person who willfully fails or refuses to comply with the order or orders of any duly authorized law enforcement officer or personnel charged with the responsibility for the enforcement of such orders shall, upon conviction therefor, be punished as provided by Section 252.50, Florida Statutes, and by such other laws as may be applicable to the offense.  In the alternative, pursuant to Section 18-31 et seq. of the Holmes Beach Code of Ordinances, any person, firm or corporation who refuses to comply with or violates any section of this Resolution, or the emergency measures or regulations which may be effective pursuant to this Resolution, shall be punished according to law, and upon conviction for such offense, shall be punished as provided in13 of the Code of Ordinances.  Each day of continued noncompliance or violation shall constitute a separate offense. In addition, any licensee of the City found guilty of violating this Resolution may have its license suspended or revoked by the City.  Nothing contained in this section shall prevent the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this Resolution or the emergency measures or regulations which may be effective pursuant to this Resolution. Such other lawful action shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.


            SECTION 6.  Effective Date and Termination Date.
This Proclamation shall take effect immediately upon its adoption and shall terminate automatically seven (7) days from this date unless terminated earlier or extended by a document in accordance with applicable law and ordinance. 

Signed this  17th day of March, 2020.
CITY OF HOLMES BEACH:
s/Judy Titsworth, Mayor   
ATTEST: (City Seal) s/Stacey Johnston, MMC, City Clerk
Approved as to Form:    s/Thomas A. Thanas, on behalf of Patricia A. Petruff, City Attorney