City Council

CLARKSVILLE CITY COUNCIL SPECIAL SESSION MARCH 18, 2020, 3:00 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA 1) CALL TO ORDER ​Mayor Joe Pitts 2) PRAYER ​Councilman Jeff Burkhart 3) PLEDGE OF ALLEGIANCE ​Councillady Valerie Guzman 4) ATTENDANCE ​City Clerk 5) MAYOR’S DECLARATION OF STATE OF EMERGENCY 1. RESOLUTION 47-2019-20 ​Approving and adoption Mayoral Executive Order No. 001 declaring a Local State of Emergency due to the Novel Coronavirus in order to prevent the spread of and to facilitate the containment of the COVID-19 disease 6) ADJOURNMENT  RESOLUTION 47-2019-20 A RESOLUTION APPROVING AND ADOPTING MAYORAL EXECUTIVE ORDER No. 001 DECLARING A LOCAL STATE OF EMERGENCY DUE TO THE NOVEL CORONAVIRUS IN ORDER TO PREVENT THE SPREAD OF, AND TO FACILITATE THE CONTAINMENT OF, THE COVID-19 DISEASE WHEREAS​, Coronavirus Disease 2019 (COVID-19) is a respiratory disease caused by the SARS-CoV-2 virus that can result in mild or severe symptoms, including fever, cough, and shortness of breath, and can lead to serious illness or death, particularly in the case of older adults and persons with serious chronic medical conditions; and WHEREAS​, in late 2019, a significant outbreak of COVID-19 occurred, and this disease has since spread to many countries; and WHEREAS​, to date, according to the Centers for Disease Control and Prevention (CDC), there have been 5704 cases of COVID-19 identified in the United States, which have resulted in 97 deaths; and WHEREAS​, to date, according to the Tennessee Department of Health there have been 73 cases of COVID-19 identified in the State of Tennessee; and WHEREAS​, on January 16, 2020, the Tennessee Department of Health activated the State Health Operations Center (SHOC), and on January 21, 2020, following CDC guidance, the Department designated COVID-19 as a reportable disease in Tennessee; and WHEREAS​, on March 4, 2020, Governor Bill Lee of the State of Tennessee announced the formation of a Coronavirus Task Force to enhance Tennessee’s coordinated efforts to prevent, identify, and treat potential cases of COVID-19; and WHEREAS​, on March 4, 2020, the first case of COVID-19 in the State of Tennessee was identified, and several additional confirmed or presumptively positive cases of COVID-19 have since been identified in Tennessee; and WHEREAS​, on March 11, 2020, the World Health Organization (WHO) declared the novel coronavirus (COVID-19) outbreak a global pandemic; and WHEREAS​, on January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and WHEREAS​, several states, counties, and cities throughout the country have declared states of emergency to facilitate their responses to COVID-19; and WHEREAS​, a state of emergency has been declared through Executive Order issued March 12, 2020, by Governor Bill Lee of the State of Tennessee in connection with the COVID-19 disease outbreak; and WHEREAS​, the spread and identification of additional cases of COVID-19 in Tennessee is likely to continue, and therefore, taking proactive steps to prevent a substantial risk to public health and safety is paramount; and WHEREAS​, although no confirmed cases of COVID-19 have yet been identified in Clarksville, Montgomery County, Tennessee, nevertheless it is advisable to be pro-active in adopting local measures to prevent the spread of COVID-19, and to aid in its containment should it spread to Clarksville; and WHEREAS​, the City of Clarksville, the Mayor, and the City Council has a responsibility to take all reasonably possible actions to ensure public health, safety, and welfare in the event of an infectious disease pandemic; and WHEREAS​, empirical medical evidence and expert reports strongly indicate and advise that the spread of the COVID-19 disease is effectively slowed by frequent hand washing, social distancing, self-quarantine, and the reduction of public interactions and gatherings of groups of people; and WHEREAS​, the provisions of this Order are necessary to maximize efforts to protect the health and safety of City employees and all Clarksville residents and visitors; and WHEREAS​, the City government desires and intends to continue to provide exemplary government services of the highest quality to Clarksville residents and visitors while dealing effectively with the challenges presented by the pandemic through a reasoned, flexible response and pro-active steps to stem the spread of the pandemic and lessen its impact on public health, safety, and welfare, and on local economic activity; and WHEREAS​, Tennessee Code Annotated §58-2-110 and §58-8-104 provides the City Mayor with the power and authority to declare a local state of emergency, to include in cases of disease outbreaks and epidemics, which shall have an immediate effect when declared for a period of seven (7) days, but may have continuing effect beyond seven (7) days in seven (7) day increments upon approval by the City Council by resolution; and WHEREAS​, the state law, private act, City Charter confers general police powers upon the City, and authorizes the City to act and to regulate in the interests of public health and welfare; and WHEREAS​, the City Code Section 1-1204, provides that the Mayor shall power and authority to declare a state of emergency, which shall have an immediate effect when declared for a period of seven (7) days, but may have continuing effect beyond seven (7) days upon approval by the City Council by resolution. WHEREAS​, the City Council finds that the Mayor’s Executive Order is in the public interest and serves public health and welfare. NOW​, THEREFORE​, the Mayor’s Executive Order No. 001 DECLARING A LOCAL STATE OF EMERGENCY DUE TO THE NOVEL CORONAVIRUS IN ORDER TO PREVENT THE SPREAD OF, AND TO FACILITATE THE CONTAINMENT OF, THE COVID-19 DISEASE, attached hereto and incorporated herein as Attachment One (1), together with any Exhibits, Attachments or Annexes thereto, is hereby approved and adopted, effective as of 3:00 p.m. this 18​th day March 2020, and same shall have effect for a period seven (7) days, and is hereby approved to be extended, in seven (7) day increments, as may be determined prudent by the Mayor in his discretion, up to and until, and including, April 2, 2020, at 11:59 p.m.(CDT). ADOPTED:  CITY OF CLARKSVILLE EXECUTIVE ORDER BY THE MAYOR No. 001 AN ORDER DECLARING A LOCAL STATE OF EMERGENCY DUE TO THE NOVEL CORONAVIRUS IN ORDER TO PREVENT THE SPREAD OF AND TO FACILITATE THE CONTAINMENT OF COVID-19 WHEREAS, Coronavirus Disease 2019 (COVID-19) is a respiratory disease caused by the SARS-CoV-2 virus that can result in mild or severe symptoms, including fever, cough, and shortness of breath, and can lead to serious illness or death, particularly in the case of older adults and persons with serious chronic medical conditions; and WHEREAS, in late 2019, a significant outbreak of COVID-19 occurred, and this disease has since spread to many countries; and WHEREAS, to date, according to the Centers for Disease Control and Prevention (CDC), there have been 5704 cases of COVID-19 identified in the United States, which have resulted in 97 deaths; and WHEREAS, to date, according to the Tennessee Department of Health there have been 73 cases of COVID-19 identified in the State of Tennessee; and WHEREAS, on January 16, 2020, the Tennessee Department of Health activated the State Health Operations Center (SHOC), and on January 21, 2020, following CDC guidance, the Department designated COVID-19 as a reportable disease in Tennessee; and WHEREAS, on March 4, 2020, Governor Bill Lee of the State of Tennessee announced the formation of a Coronavirus Task Force to enhance Tennessee’s coordinated efforts to prevent, identify, and treat potential cases of COVID-19; and WHEREAS, on March 4, 2020, the first case of COVID-19 in the State of Tennessee was identified, and several additional confirmed or presumptively positive cases of COVID-19 have since been identified in Tennessee; and 1  WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared the novel coronavirus (COVID-19) outbreak a global pandemic; and WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and WHEREAS, several states, counties, and cities throughout the country have declared states of emergency to facilitate their responses to COVID-19; and WHEREAS, a state of emergency has been declared through Executive Order issued March 12, 2020, by Governor Bill Lee of the State of Tennessee in connection with the COVID- 19 disease outbreak; and WHEREAS, the spread and identification of additional cases of COVID-19 in Tennessee is likely to continue, and therefore, taking proactive steps to prevent a substantial risk to public health and safety is paramount; and WHEREAS, although no confirmed cases of COVID-19 have yet been identified in Clarksville, Montgomery County, Tennessee, nevertheless it is advisable to be pro-active in adopting local measures to prevent the spread of COVID-19, and to aid in its containment should it spread to Clarksville; and WHEREAS, the City of Clarksville, the Mayor, and the City Council has a responsibility to take all reasonably possible actions to ensure public health, safety, and welfare in the event of an infectious disease pandemic; and WHEREAS, empirical medical evidence and expert reports strongly indicate and advise that the spread of the COVID-19 disease is effectively slowed by frequent hand washing, social distancing, self-quarantine, and the reduction of public interactions and gatherings of groups of people; and WHEREAS, the provisions of this Order are necessary to maximize efforts to protect the health and safety of City employees and all Clarksville residents and visitors; and WHEREAS, the City government desires and intends to continue to provide exemplary government services of the highest quality to Clarksville residents and visitors while dealing effectively with the challenges presented by the pandemic through a reasoned, flexible response and pro-active steps to stem the spread of the pandemic and lessen its impact on public health, safety, and welfare, and on local economic activity; and WHEREAS, Tennessee Code Annotated §58-2-110 and §58-8-104 provides the City Mayor with the power and authority to declare a local state of emergency, to include in cases of disease outbreaks and epidemics, which shall have an immediate effect when declared for a period 2 of seven (7) days, but may have continuing effect beyond seven (7) days in seven (7) day increments upon approval by the City Council by resolution; and WHEREAS, the state law, private act, City Charter confers general police powers upon the City, and authorizes the City to act and to regulate in the interests of public health and welfare; and WHEREAS, the City Code Section 1-1204, provides that the Mayor shall power and authority to declare a state of emergency, which shall have an immediate effect when declared for a period of seven (7) days, but may have continuing effect beyond seven (7) days upon approval by the City Council by resolution. NOW THEREFORE, I, Joe Pitts, Mayor of the City of Clarksville, Tennessee, by virtue of the power and authority vested in me by the Charter for the City of Clarksville, Tennessee, and the City Code, and other applicable law, do hereby declare a state of emergency exists in the City of Clarksville to facilitate an effective response to prevent the spread of COVID-19 and to aid in its containment, and do hereby order the following: 1. The provisions of the City municipal Emergency Management Program and Plan are ordered into effect as applicable, pursuant to City Code, Title 1 (Administration, Officers, and Personnel), Chapter 12 (Emergency Management). Specifically, the City COVID-19 Response Plan attached hereto and incorporated herein is ordered into effect upon City Council approval. 2. All Parks & Recreation Department events, activities, and programs are canceled during the time period of this declared state of emergency, and any extension thereof. 3. All Parks & Recreation facilities normally open to the public are closed, to include, but not limited to, all City owned or leased ball fields, parks, swimming pools, recreation or community centers. 4. All City departments / offices, to include City public utilities, to the maximum extent possible, shall limit person-to-person public access; instead, utilization of drive through window service, and electronic, telephonic and mail methods of communication shall be used whenever possible. Department heads are authorized to develop and implement policies and procedures to carry out any necessary measures to protect the public and employees during this pandemic while allowing person-to-person to access as may be absolutely necessary for the conduct of City business and as may be required by law. 5. All non-essential City employees, and all essential employees who can perform their job function / duties while working from home, as determined and authorized by department heads, shall work from home. Department heads shall take steps to ensure this requirement is not abused and that healthy workers perform their job duties and functions while working from home. 3  6. All City Code laws as authorized by Section 1-1203(6) of the City Code may be and are suspended as reasonably required to the extent necessary to prevent the spread of COVID-19, or aid in its suppression or in the treatment of City residents, visitors, and employees. 7. All department heads are directed to be pro-active and are authorized to take any lawful action pertaining to their departments they may deem necessary to effectuate the provisions of this Executive Order and Declaration of a Local State of Emergency, and Exhibit A attached hereto, in furtherance of the purpose of preventing the spread of the COVID-19 disease, or aiding in its suppression or in the treatment of City residents, visitors and employees, while continuing to provide and maintaining City services. 8. All members of the public and businesses are strongly encouraged to follow and comply with guidance and directives issued by the federal CDC and state and local departments of health. 9. All members of the public are strongly encouraged to remain calm, to resist panic purchasing, consider their neighbors who have need, and to look after and help those most at risk to this pandemic to include the elderly and those with suppressed immune systems. Our faith prescribes life, and life more abundantly. Our finest hour is at hand. 10. This Executive Order and Declaration of a Local State of Emergency shall remain in effect until 3:00 p.m., Central Daylight Time, on March 25, 2020, at which time this Order and declaration of emergency shall cease and be of no further force and effect, unless sooner terminated, or extended, by written amendment hereof, or by subsequent written order issued, in accordance with law, and upon approval of the City Council, shall remain in force and effect, and shall continue, in seven (7) day increments, until 11:59 p.m. (CDT) on April 2, 2020. IN WITNESS WHEREOF, I have subscribed by signature and caused the Seal of the City of Clarksville to be affixed this 18th day of March, 2020. __________________________________________ MAYOR ATTEST: _______________________________ City Clerk APPROVED AS TO LEGAL FORM: _________________________________ City Attorney 4