City Council
Regular MeetingClarksville, TN · March 23, 2020
Minutes
CLARKSVILLE CITY COUNCIL
SPECIAL SESSION
MARCH 23, 2020, 5:00 P.M.
IN AN EFFORT TO FACILITATE THE RESPONSE TO CORONAVIRUS DISEASE
2019 (COVID-19), THIS MEETING WILL BE CONDUCTED VIA CONFERENCE
CALL. AN AUDIO/VIDEO RECORDING OF THE PROCEEDINGS WILL BE MADE
AVAILABLE TO THE PUBLIC WITHIN 48 HOURS. MEMBERS OF THE PUBLIC
ARE, BY LAW, ALLOWED TO ATTEND MEETINGS OF THE CLARKSVILLE CITY
COUNCIL BUT ARE STRONGLY DISCOURAGED TO DO SO AT THIS TIME.
MINUTES
CALL TO ORDER
A special session of the Clarksville City Council was called to order by Mayor Joe Pitts
on Monday, March 23, 2020, at 5:00 p.m. via conference call from the Mayor’s
Conference Room, 1 Public Square, Clarksville, Tennessee.
A prayer was offered by Councillady Valerie Guzman.
ATTENDANCE
PRESENT: Richard Garrett (Ward 1), Vondell Richmond (Ward 2), Ron Erb (Ward
3), Tim Chandler (Ward 4), Valerie Guzman (Ward 5), Wanda Smith (Ward 6), Travis
Holleman (Ward 7), David Allen, Mayor Pro Tem (Ward 8), Jeff Henley (Ward 9),
Stacey Streetman (Ward 10), Gary Norris (Ward 11), Jeff Burkhart (Ward 12)
All members responded verbally and were connected to the conference call.
ELECTRONIC MEETING AUTHORIZATION
In order to comply with the technical aspects of the Governor’s Executive Order
regarding holding open meetings in a forum other than in the open and in public,
Councillady Smith made a motion that the governing body determines that meeting
electronically is necessary to protect the health, safety, and welfare of its citizens due to
the COVID-19 outbreak. The motion was seconded by Councilman Burkhart. A voice
vote was taken; the motion unanimously passed.
MAYOR’S EXECUTIVE ORDER #002
RESOLUTION 49-2019-20 Approving Mayoral Executive Order No. 002 proclaiming
a civil emergency to prevent the spread of the COVID-19 Disease
Mayor Pitts offered the following statement:
The Executive Order before you mirrors much of what Tennessee Governor Bill
Lee put in his Executive Order issued yesterday, March 22, 2020. After
considerable discussion with Montgomery Council Mayor Jim Durrett, we felt we
should reflect the steps the Governor has outlined in order to reduce confusion
for our citizens. There are other provisions in the Order that are consistent
across the City and the County. This process in the environment we are in is
unprecedented and obviously very fluid as evidenced by the Governor issuing
another Executive Order today and we will discuss that in more detail later. We
may need more stringent measures in the future, but this is the right next step to
take to protect our community. We’ve discussed these measures such as requiring
a mandatory closing of certain businesses and there is concern that doing so
would be disastrous for the business and the employees. I can tell you that Mayor
Durrett has reached out to most of the manufacturing companies in our city
regarding keeping their employees safe. Most have responded very positively to
the request. Some will temporarily shut down production, others have
extraordinary measures in place to protect their employees. We’ve asked them to
communicate with their employees and, for safety reasons, we won’t be sharing
those details with the public so that the employees will understand they are being
protected. All of us have seen the email traffic of employees and families of
employees who are concerned. Hopefully when these companies communicate
with their employees, it will reduce email traffic.
Councillady Smith made a motion to adopt this resolution as presented. The
motion was seconded by Councillady Guzman.
City Attorney Lance Baker said the Mayor’s Executive Order incorporates the
Executive Orders of the Governor, specifically regarding, but not limited to, the
open meetings law, operations of restaurants and bars, gyms and fitness centers,
nursing home visitation, social gatherings and businesses allowing employees to
work from home when feasible. He noted the Mayor’s Executive Order also
required movie theaters, performing arts theaters, yoga and dance studios,
bowling alleys, and arcades to close access to the general public, as well as
closing the interior of malls and established a maximum occupancy law. Mr.
Baker said no prohibitions were ordered for medical or pharmacy businesses,
blood collection and there were exemptions for businesses, etc., deemed critical
for infrastructure, national security, or public health and welfare. The Order did
not apply to Fort Campbell Military Reservation. The Mayor’s Executive Order
strongly encouraged citizens to comply with the Centers For Disease Control
guidelines and remain calm and to resist panic purchasing. The effective date of
the Order was 12:01 a.m. Wednesday, March 25, 2020, and, unless extended,
would expire at 12:01 a.m. on April 1, 2020.
Answering Councillady Guzman’s question, Mayor Pitts said stores at Governor’s
Square Mall that had an exterior entrance would be allowed to conduct business,
but access to the interior of the mall would be closed to the general public.
In response to Councillady Smith’s question, Mayor Pitts said there were no
official restrictions regarding church congregational meetings and noted that
Governor Bill Lee urged citizens to limit gatherings to more than ten people.
Councilman Garrett asked about the City’s policing powers. Mayor Pitts said the
local Executive Order was in line with the Governor’s Executive Order. Mr.
Baker said the Mayor’s and City Council’s powers are authorized by Tennessee
Code Annotated and the Official Charter and Code of the City of Clarksville. He
said local officials have authority to enforce the Governor’s Executive Orders.
In response to Councilman Garrett’s question, Mayor Pitts said Montgomery
County Mayor Jim Durrett had reached out to local factories and day care centers
and encouraged operators to exercise recommended precautions. Mr. Baker
added that City regulations cannot conflict with the Governor’s Executive Order
and said maximum occupancy rules would apply.
Mayor Pitts replied to Councilman Allen stating the Mayor’s Executive Order
does not specifically address church meetings, but includes them in
recommendations of social gatherings of no more than ten people.
Mr. Baker responded to Councilman Richmond stating the City Code established
local curfews for minors. Mayor Pitts noted mandatory curfews were not
addressed in the local Executive Order.
Councilman Richmond also asked about local virus testing sites. Mayor Pitts said
he would obtain and share information from the Montgomery County Health
Department.
Councillady Guzman expressed appreciation to the staff of Housing &
Community Development for sharing information regarding non-profit agencies.
Mayor Pitts thanked faith-based organizations for their efforts.
Councillady Smith said she was aware that some area church congregations were
exercising social distancing by leaving space between seats.
Replying to Councilman Henley, Mayor Pitts said the restrictions for building
occupancy were established by the Governor’s Executive Order.
Mayor Pitts responded to Councilman Henley saying the effective date of the
Mayor’s Executive Order was determined to allow affected businesses time to
prepare for the new restrictions.
Mayor Pitts said future meetings of the City Council would likely be conducted
via conference calls or Google Meets.
After discussion, the following vote was recorded:
AYE: Allen, Burkhart’s, Chandler, Erb, Garrett, Guzman, Henley,
Holleman, Norris, Pitts, Richmond, Smith, Streetman
The motion to adopt this resolution unanimously passed.
ADJOURNMENT
The meeting was adjourned at 5:39 p.m.
ADOPTED: April 2, 2020
Agenda
CLARKSVILLE CITY COUNCIL
SPECIAL SESSION
MARCH 23, 2020, 5:00 P.M.
IN AN EFFORT TO FACILITATE THE RESPONSE TO CORONAVIRUS DISEASE
2019 (COVID-19), THIS MEETING WILL BE CONDUCTED VIA CONFERENCE
CALL. AN AUDIO RECORDING OF THE PROCEEDINGS WILL BE MADE
AVAILABLE TO THE PUBLIC WITHIN 48 HOURS. MEMBERS OF THE PUBLIC
ARE, BY LAW, ALLOWED TO ATTEND MEETINGS OF THE CLARKSVILLE CITY
COUNCIL BUT ARE STRONGLY DISCOURAGED TO DO SO AT THIS TIME.
AGENDA
1) CALL TO ORDER
2) PRAYER
3) ATTENDANCE City Clerk
4) MAYOR’S EXECUTIVE ORDER #002
RESOLUTION 49-2019-20 Approving Mayoral Executive Order No. 002
proclaiming a civil emergency to prevent the spread of the COVID-19 Disease
5) ADJOURNMENT
RESOLUTION 49-2019-20
A RESOLUTION APPROVING MAYORAL EXECUTIVE ORDER No. 002
PROCLAIMING A CIVIL EMERGENCY TO PREVENT THE SPREAD 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 41,936 cases of COVID-19 identified in the United States, which have
resulted in 508 deaths; and
WHEREAS, to date, according to the Tennessee Department of Health, there have been
615 cases of COVID-19 identified in the State of Tennessee, which have resulted in 2 deaths;
and
WHEREAS, to date, according to the Tennessee Department of Health, there have been
3 cases of COVID-19 identified in Montgomery County, 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 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, 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, City Mayor Joe Pitts, has previously declared a local state of emergency by
Executive Order issued March 18, 2020 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, the City Mayor and the City Council have a responsibility to take all
reasonably prudent 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
public health, safety and welfare; 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, Tennessee Code Annotated §38-9-102 provides the City Mayor with the
power and authority to proclaim a civil emergency in cases of any natural disaster within the
geographic limits of the City resulting in death or injury of persons to such an extent that
extraordinary measures must be taken to protect the public health, safety and welfare; 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; and
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. 002 PROCLAIMING A
CIVIL EMERGENCY TO PREVENT THE SPREAD OF THE COVID-19 DISEASE, attached
hereto and incorporated herein as Attachment One (1), together with any Exhibits thereto, is
hereby approved and adopted, shall be effective as of 12:01 a.m. on March 25, 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.
ADOPTED:
STATE OF TENNESSEE
EXECUTIVE ORDER
BY THE GOVERNOR
No.18
AN ORDER TO REDUCE THE SPREAD OF COVID-19 BY LIMITING NON-
EMERGENCY HEALTH CARE PROCEDURES
WHEREAS, emergency government action to limit the spread of Coronavirus Disease
2019 (COVID-19) continues to be prudent and necessary as the illness spreads rapidly throughout
our community; and
WHEREAS, on March 4, 2020, the first case of COVID-19 in the State of Tennessee was
identified, and 504 additional cases of COVID-19 have since been identified in Tennessee,
demonstrating a continued, increasing, and serious risk to the health, safety, and welfare of
Tennesseans; and
WHEREAS, the Centers for Disease Control and Prevention advises that the best way to
prevent COVID-19 is to avoid exposure to it, and exposure mainly results from close person-to-
person contact; and
WHEREAS, unnecessary person-to-person contact within the healthcare community
increases the risk of COVID-19 spreading to providers and patients throughout our healthcare
system; and
WHEREAS, the American Dental Association and the Tennessee Dental Association
recommend that dental providers and patients contribute to reducing the spread of COVID-19 by
suspending non-essential services like hygiene visits and cosmetic and elective procedures for a
minimum of three (3) weeks; and
WHEREAS, the American College of Surgeons has recommended that each hospital,
health system, and surgeon thoughtfully review all scheduled elective procedures with a plan to
minimize, postpone, or cancel electively scheduled operations, endoscopies, or other invasive
procedures and to immediately minimize use of essential items needed to care for patients,
including, but not limited to, ICU beds, personal protective equipment, terminal cleaning supplies,
and ventilators; and
WHEREAS, the federal Centers for Medicaid & Medicare Services recommends limiting
all non-essential planned surgeries and procedures, including dental, until further notice; and
WHEREAS, in addition to the other emergency management powers granted by law,
Tennessee Code Annotated, Section 58-2-107(e), provides that during a state of emergency, the
Governor is authorized to suspend laws and rules regarding the conduct of state business if
necessary to cope with the emergency, order evacuations from certain areas, make orders
concerning entry and exit and the occupancy of premises within an emergency area, and take
measures concerning the conduct of civilians and the calling of public meetings and gatherings,
among other things; and
WHEREAS, the temporary suspension of selected state laws and rules and the other
measures contained herein are necessary to facilitate the response to the current emergency.
NOW THEREFORE, I, Bill Lee, Governor of the State of Tennessee, by virtue of the
power and authority vested in me by the Tennessee Constitution and other applicable law, in light
of the continuing state of emergency to facilitate the response to COVID-19, do hereby order the
following statewide:
1. Dental service providers in the State of Tennessee, including but not limited to
dentists, pediatric dentists, orthodontists, oral surgeons, periodontists,
prosthodontists, and endodontists, shall not perform any non-emergency dental or
oral procedures. Non-emergency dental or oral procedures include hygiene visits,
cosmetic procedures, and other elective procedures. Emergency procedures for
patients with acute dental or oral needs may still be performed, including treatment
for pain, swelling, trauma, or an abscess.
2. All hospitals and surgical outpatient facilities in the State of Tennessee shall not
perform non-essential procedures, which includes any medical procedure that is not
necessary to address a medical emergency or to preserve the health and safety of a
patient, as determined by a licensed medical provider. All hospitals and
freestanding surgical outpatient facilities must postpone through the expiration of
this Order, at a minimum, joint replacement, bariatric surgery, and cosmetic
surgery, except for emergency or trauma-related surgery where postponement
would significantly impact the health, safety, or welfare of the patient. Medical
procedures excluded from postponement include, but are not limited to, surgeries
related to advanced cardiovascular disease (including coronary artery disease, heart
failure, and arrhythmias) that would prolong life; oncological testing, treatment,
and related procedures; pregnancy-related visits and procedures, including labor
and delivery; organ transplantation; procedures related to dialysis; and emergency
or trauma-related procedures where postponement would significantly impact the
health, safety, and welfare of the patient.
3. Non-hospital healthcare providers impacted by this Order are requested and
encouraged to provide necessary personal protective equipment in their possession
and not required for the emergency care exempted in the Order, including, but not
limited to, medical gowns, N95 masks, surgical masks, TYVEK suits, boot covers,
gloves, and/or eye protection to the Tennessee Emergency Management Agency by
delivering such equipment to the nearest open Tennessee National Guard Armory
listed on the TEMA website (www.tn.gov/tema) between the hours of 9:00 a.m.
and 2:00 p.m.
4. Any state or local law, order, rule, or regulation that would limit the application of
this Order is hereby suspended.
5. This Order shall be effective and enforceable at 12:01 a.m., Central Daylight Time,
on March 24, 2020, and shall remain in effect until 12:01 a.m., Central Daylight
Time, on April 13, 2020, at which time the suspension of any state laws and rules
and the other provisions of this Order shall cease and be of no further force or effect.
IN WITNESS WHEREOF, I have subscribed my signature and caused the Great Seal of the State
of Tennessee to be affixed this 23rd day of March, 2020.
RECEIVED
2020 MAR 23 PM 1:04
SECRETA RY OF STATE
PUBLICATIONS GOVERNOR
ATTEST:
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