City Council

CLARKSVILLE CITY COUNCIL SPECIAL SESSION APRIL 21, 2020, 5:00 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA IN AN EFFORT TO FACILITATE THE RESPONSE TO CORONAVIRUS DISEASE 2019 (COVID-19), THIS MEETING WILL BE CONDUCTED VIA GOOGLE MEETS AND LIVE STREAMED ON CITYOFCLARKSVILLE.COM. 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. 1) CALL TO ORDER ​Mayor Joe Pitts 2) PRAYER 3) ATTENDANCE ​City Clerk 4) APPROVAL OF ELECTRONIC MEETING MOTION: “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, this governing body determines that meeting electronically is necessary to protect the health, safety, and welfare of its citizens due to the COVID-19 outbreak.” 5. RESOLUTION 54-2019-20 ​Approving an Interlocal Agreement (Memorandum of Understanding) between Clarksville-Montgomery County 911 Emergency Communications District and the City of Clarksville (Clarksville Police Department and Clarksville Fire Rescue) relative to sharing of protected health information 6. RESOLUTION 55-2019-20 Approving alternative public hearing procedures during the time period of the locally declared State of Emergency due to the COVID-19 Pandemic 7. RESOLUTION 56-2019-20 Approving extension of Mayoral Executive Order No. 003 pertaining to the Novel Coronavirus in order to limit the spread of the COVID-19 Disease (April 22 through April 28, 2020) 8. ADJOURNMENT  RESOLUTION 54-2019-20 A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN CLARKSVILLE MONTGOMERY COUNTY 911 EMERGENCY COMMUNICATIONS DISTRICT AND THE CITY OF CLARKSVILLE (CLARKSVILLE POLICE DEPARTMENT AND CLARKSVILLE FIRE RESCUE) WHEREAS, the City Council finds that the sharing of limited Personal Health Information between the Clarksville-Montgomery County Emergency Communications District and the City of Clarksville Police Department and the Clarksville Fire Rescue Department is in the best interests of the Law Enforcement Officers and First Responders who are on the front lines of the response to COVID-19 pandemic, and such information sharing is critical to protecting said City employees and as well as the general public; WHEREAS​, the City Council finds that the attached Interlocal Agreement (aka Memorandum of Understanding) sets forth the obligations and duties of the parties and should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves an Interlocal Agreement, attached hereto as Exhibit A, with the Clarksville-Montgomery County Emergency Communications District and the City of Clarksville (Clarksville Police Department and Clarksville Fire Rescue). ADOPTED:  MEMORANDUM OF UNDERSTANDING BETWEEN CLARKSVILLE-MONTGOMERY COUNTY 911 EMERGENCY COMMUNICATION DISTRICT AND THE CITY OF CLARKSVILLE (CLARKSVILLE POLICE DEPARTMENT AND FIRE RESCUE DEPARTMENT), TENNESSEE I. INTRODUCTION 1. This Memorandum of Understanding (​MOU​) is between the ​Clarksville - Montgomery County 911 Emergency Communication District (​ECD​) ​and the ​City of Clarksville​, Tennessee (Clarksville Police Department, a law enforcement agency (​LEA​), and the Clarksville Fire Rescue Department (​CFR​), a fire prevention, containment, suppression and rescue agency), each located in Clarksville, Tennessee. The purpose of this MOU is to detail the limited purpose for which ECD is disclosing Protected Health Information (​PHI​) to LEA that ECD receives from the Tennessee Department of Commerce and Insurance - Tennessee Emergency Communications Board (​TECB​) via the Tennessee Department of Health (​Health​). Health is a Covered Entity subject to the Privacy and Security Rules (45 Code of Federal Regulations (​C.F.R.​) Parts 160 and 164) promulgated by the United States Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, as amended by the final rule modifying the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act (HITECH). 2. TECB assists emergency communications districts across the State in coordinating 911 services and implementing and maintaining 911 emergency services. TECB's mission is "Ensuring that every citizen can effectively access the life-saving power of 911." 3. ECD was created by Tennessee Code Annotated § 7-86-104 and serves Clarksville, Montgomery County, Tennessee by ensuring a system is in place in order to provide "911 Service" as defined by Tenn. Code Ann. § 7-86-103(1) to the people within the ECD's jurisdiction. 4. LEA is a law enforcement department employing Law Enforcement Officers, and CFR is a fire and rescue department employing First Responders, each located within the City of Clarksville, Montgomery County, Tennessee that provides law enforcement assistance and service, and fire prevention, suppression and rescue services, respectively to the citizens of Clarksville, Montgomery County, Tennessee or to persons within the LEA / CFR jurisdiction. II. PURPOSE OF DISCLOSURES 5. TECB acts as a clearinghouse by routing a list of names and addresses of individuals documented as having tested positive, or received treatment, for COVID-19 to the ECD. Such list is provided to TECB by Health during the pendency of the statewide state of emergency due to COVID-19. Health updates this list daily to the TECB and the TECB updates this list daily to ECD; after 30 days on the list, an individual's name and address will roll off of this list. Pursuant to this MOU and during the pendency of the statewide state of emergency due to COVID-19, ECD will provide this list daily to LEA. 6. The purpose of these disclosures is so that the LEA responders answering a call at a listed address may take extra precautions, such as the enhanced use of personal protective equipment (PPE). Health believes these disclosures are necessary to prevent or control the spread of COVID-19 and necessary to prevent or lessen a serious and imminent threat to LEA responders and to the public health, safety, and welfare of the citizens of Montgomery County. It is believed that, by making this information available to LEA, serious and imminent threat to the LEA responders will be prevented or lessened. III. LEGAL AUTHORITY AND REASONS DISCLOSURES ARE PERMITTED 7. The U.S. Department of Health and Human Services (​DHHS​) – Office for Civil Rights has issued guidelines (“COVID-19 and HIPAA: Disclosures to law enforcement, paramedics, other first responder and public health authorities.”) that discuss the release of confidential Protected Health Information ​(​PHI​) of individuals, normally protected by HIPAA Rules, to Law Enforcement Officials, Paramedics, and other First Responders in order to prevent or lessen a serious, imminent threat to the health and safety of individuals or the public generally. The U.S. DHHS has promulgated regulations to implement and enforce the provisions of the HIPAA statute. The following specific citations to the Code of Federal Regulations (​C.F.R.​) permit the release of certain HIPPA confidential PHI of individuals under specific circumstances, for specific purposes, to include threats to public health, safety and welfare. See 45 C.F.R. § 154.512(b)(1)(iv); and §164.512(j)(1) and (4); and §164.512(k)(5)(i). 45 C.F.R. §164.512(b)(1)(iv). (b) Standard: Uses and disclosures for public health activities - (1) Permitted uses and disclosures. A covered entity may use or disclose protected health information for the public health activities and purposes described in this paragraph to: (iv) A person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition, if the covered entity or public health authority is authorized by law to notify such person as necessary in the conduct of a public health intervention or investigation; 45 C.F.R. §164.512(j)(1) ​and ​(4). (j) Standard: Uses and disclosures to avert a serious threat to health or safety - (1) Permitted disclosures. A covered entity may, consistent with applicable law and standards of ethical conduct; use or disclose protected health information, if the covered entity, in good faith, believes the use or disclosure: (i) (A) Is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public; and (B) Is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat; (4) Presumption of good faith belief. A covered entity that uses or discloses protected health information pursuant to paragraph (j)(l) of this section is presumed to have acted in good faith with regard to a belief described in  paragraph (j)(l)(i) or (ii) of this section, if the belief is based upon the covered entity's actual knowledge or in reliance on a credible representation by a person with apparent knowledge or authority. 45 C.F.R. §164.512(k)(5)(i). (b) Standard: Uses and disclosures for specialized government functions. (5) Correctional institutions and other law enforcement custodial situations. (i) Permitted disclosures. A covered entity may disclose to … a law enforcement official having lawful custody of an … individual protected health information about such … individual, if the … law enforcement official represents that such protected health information is necessary for: (A) The provision of health care to such individuals; (B) The health and safety of such individual …; (C) The health and safety of the officers or employees of or others at the correctional institution; (D) The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another; (E) Law enforcement on the premises of the correctional institution; or (F) The administration and maintenance of the safety, security, and good order of the correctional institution. IV. LEA RESPONSIBILITIES 8. LEA may: • Inform its officers of the names and addresses within their jurisdiction at which there is an individual documented as testing positive, or as receiving treatment, for COVID-19, so that those officers answering or providing LEA response at such a location may take extra precautions or use personal protective equipment. • Generally, LEA may only notify the responding officer that some individual at a given address is on the list when the responding officer is answering a call at a listed address. LEA may disclose the name of a listed individual at that address only if the individual  named on the list is the subject of the call at the listed address. • ECD, or the on scene LEO(s) that have received such information from the ECD and or LEA may inform any responding First Responder(s) at such a location that there is an individual documented as testing positive, or as receiving treatment, for COVID-19, so that those First Responders answering or providing emergency aid or rescue response at such a location may take extra precautions or use personal protective equipment. 9. LEA may not: • Re-disclose the entire list to anyone; • Re-disclose any information on the list, or summary or derivative thereof, to anyone other than other LEA and First Responder personnel; • Use or disclose any information on the list for any purpose other than the purpose detailed in this MOU; or • Retain any copy, or summary or derivative, of the list for more than 30 days. 10. LEA must • Instruct officers answering a call at a location identified on the list to provide the same level of service as they would for a location not addressed on the list; while responding officers of the LEA may take additional precautions, including but not limited to enhanced use of personal protective equipment, they are instructed to provide the same level of service and responsiveness to all calls and may not discriminate against individuals or locations that appear on the list or any prior version of the list. If an LEA is not willing to make and maintain this commitment, it shall not receive information from the list; • Keep the list confidential, and secure it accordingly, including, but not limited to: • safeguarding paper copies of the list from easy view of anyone other than LEA; and • storing electronic versions of the list on encrypted devices; • Shred outdated lists, and delete any electronic copies thereof, upon receipt of an updated list from Health; • Shred the list (and any copies), and delete any electronic copies thereof, thirty (30) days after the termination of the statewide state of emergency for COVID-19;  • Limit disclosures of the information provided to the purpose detailed in this MOU ; • Inform ECD within three (3) days if information has been, or is suspected of having been, disclosed in a manner not authorized by this MOU, even if the disclosure was made by a party other than LEA; • Inform ECD immediately if it is known or suspected that, aside from taking extra precautions, including but not limited to enhanced use of personal protective equipment, any LEA responder is not responding to calls at locations appearing on the list or previously on the list with the same level of service and responsiveness that they provide in response to other calls at locations not appearing on the list; and • Make any and all arrangements necessary with the emergency service providers that may receive this information to protect and dispose of the information as required by this MOU. 12. Fire Rescue Agency may not: a. Receive the entire list, but may receive information from the list with regard to specific locations / individuals as provided above with regard to LEOs responding to calls; or b. Re-disclose any information on the list, or summary or derivative thereof, to anyone other than other LEA and First Responder personnel in response to a call; or c. Use or disclose any information on the list for any purpose other than the purpose detailed in this MOU; or d. Retain any copy, or summary or derivative, of any information from the list for more than 30 days. 13. Fire Rescue Agency shall: a. Instruct First Responders answering a call at a location identified on the list to provide the same level of service as they would for a location not addressed on the list; while First Responders may take additional precautions, including but not limited to enhanced use of personal protective equipment, they are instructed to provide the same level of service and responsiveness to all calls and may not discriminate against individuals or locations that appear on the list or any prior version of the list. If a First Responder is not willing to make and maintain this commitment, it shall not receive information from the list; and b. Limit disclosures of the information provided to the purpose detailed in this MOU; and c. Inform ECD within three (3) days if information has been, or is suspected of having been, disclosed in a manner not authorized by this MOU, even if the disclosure was made by a party other than a First Responder; and  d. Inform ECD immediately if it is known or suspected that, aside from taking extra precautions, including but not limited to enhanced use of personal protective equipment, any First Responder is not responding to calls at locations appearing on the list or previously on the list with the same level of service and responsiveness that they provide in response to other calls at locations not appearing on the list; and e. Make any and all arrangements necessary with the emergency service providers that may receive this information to protect and dispose of the information as required by this MOU. Agreed to and effective April ________, 2020. CLARKSVILLE-MONTGOMERY COUNTY 911 EMERGENCY COMMUNICATION DISTRICT CLARKSVILLE POLICE DEPARTMENT (LEA) ________________________________________ _____________________________ By: ____________________________________ By: Al Ansley Title:___________________________________ Title: Chief of Police CITY OF CLARKSVILLE, TN CLARKSVILLE FIRE RESCUE DEPARTMENT ________________________________________ _______________________________ By: Joe Pitts By: Freddy Montgomery Title: Mayor Title: Fire Chief  RESOLUTION 55-2019-20 A RESOLUTION APPROVING ALTERNATIVE PUBLIC HEARING PROCEDURES DURING THE TIME PERIOD OF THE LOCALLY DECLARED STATE OF EMERGENCY DUE TO THE COVID-19 PANDEMIC 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 ___ cases of COVID-19 identified in the United States, which have resulted in ___ deaths; and WHEREAS​, to date, according to the Tennessee Department of Health, there have been ___ cases of COVID-19 identified in the State of Tennessee, which have resulted in ___ deaths; and WHEREAS, to date, according to the Tennessee Department of Health, there have been ___ 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, the Honorable Governor Bill Lee of the State of Tennessee has previously declared a state of emergency in connection with the COVID-19 disease pandemic by Executive Order No. 14 issued March 12, 2020; 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 Honorable City Mayor Joe Pitts of the City of Clarksville, Tennessee, has 1 previously declared a local state of emergency in connection with the COVID-19 disease pandemic by City Mayor Executive Order No. 001 issued March 18, 2020, and proclaimed a civil emergency by City Mayor Executive Order No. 002 issued March 23, 2020, pursuant to, and in accordance with, the forgoing legal authorities; and WHEREAS, the City Code, Section 1-203(c), provides ​inter alia that a public ​comment period, not concerning zoning amendments, shall be conducted before the regular session of the City Council; and WHEREAS, the City Code, Section 1-203(d), at paragraphs six and seven, provides ​inter alia that a public ​comment period, not concerning zoning amendments, shall be conducted during the executive session of the City Council after the end of the executive session, as well as during committee meetings; and WHEREAS, Tennessee Code Annotated §13-7-203(a) provides ​inter alia that before enacting any zoning ordinance or amendment thereof, the chief legislative body of the municipality shall hold a public ​hearing​ thereon; and WHEREAS​, the City Code, Section 1-204(b) pertains to, and provides procedures for, in-person public ​hearings​ concerning zoning amendments; and WHEREAS, ​the City Zoning Code, Chapter 11 (Administration and Enforcement), Section 11.4 (Amendments), Sub-section (2) pertains to, ​inter alia​, the scheduling of a public hearing​ with the City Council pertaining to any zoning amendments, whether text or map; and WHEREAS, ​the Honorable Governor Bill Lee of the State of Tennessee has previously issued on March 20, 2020, Governor’s Executive Order No. 16, which, inter alia, suspended certain provisions of Tennessee Code Annotated §8-44-101, et. seq., (the Tennessee “Open Meetings” Act) to allow for meetings and conduct of essential business by a governing body by electronic means, rather than being required to gather a quorum of members physically present at the same location, and further authorized governing bodies to make and amend orders and rules as necessary to conduct such electronic meetings; and WHEREAS, the City Council recently has been, and expects to continue, meeting through electronic means during the time period of the Governor’s and / or City Mayor’s declared state of emergency, as is permitted by law; and WHEREAS, the City Council finds that alternative electronic means, other than through in-person means, should be provided for members of the public to present public ​comments at the time of committee meetings, executive and regular session meetings, and to present their statement in accordance with the aforementioned legal requirements for public ​hearings pertaining to zoning amendments, whether text or map; and WHEREAS, the City Council finds that this Resolution is in the public interest and serves public health and welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council that all public comments, and public hearings pertaining to zoning amendments, whether text or map, as required by law, shall be conducted using the following methods: 1. Any person desiring to make a public comment, or to present their statement pertaining to zoning amendments, whether text or map, may submit their written comment or statement to the City Clerk, either by regular U.S. Postal Service mail, or commercial carrier, or by email to the City Clerk at sylvia.skinner@cityofclarksville.com​, prior to the committee meeting, or to the executive or regular session meeting, during which they desire their comments to be considered, and shall specify which committee meeting, or executive or regular session meeting, at which they desire their comment or statement to be considered, and specifying the subject matter of their public comment, or specifying the zoning case number or matter they desire to present a public statement on. In ordered to be considered by the committee, or the City Council, said written comment or statement must be received by the City Clerk at least seventy two (72) hours prior to the 2  scheduled committee meeting, or executive or regular session meeting of the City Council, at which they desire their comment or statement to be considered. Any written comments or statement shall be limited to five (5) pages. If these requirements are met, the City Clerk shall forward a copy of the comment or statement, by electronic means, to each committee member, or to the City Council, as applicable. 2. Any person desiring to make a public comment, or to present their statement pertaining to zoning amendments, whether text or map, may also submit their comment or statement at the time of the committee meeting, or at the executive or regular session meeting of the City Council, being conducted electronically, by participating through the Google Meet software program through use of a computer kiosk established in the City Hall lobby, located at One Public Square, Clarksville, TN, for said purpose. In order to use this method of making public comment, or a presenting a public statement pertaining to zoning amendments, whether text or map, the person desiring to use such method shall first be required to notify the City Clerk by telephone (931)648-6121, or by email (​sylvia.skinner@cityofclarksville.com​) of their desire to make a public comment, or to present a public statement pertaining to zoning amendments, whether text or map, and shall specify which committee meeting, or executive or regular session meeting, they desire to speak at, and specifying the subject matter of their public comment, or the zoning case number or matter they desire to present a statement on, at least forty-eight (48) hours prior to the committee meeting, or executive or regular session meeting of the City Council, at which they desire their comment or statement to be considered. Each person using this method of making a public comment, or presenting a public statement pertaining to zoning amendments, whether text or map, shall be limited to a maximum of five (5) minutes to speak. No more than three (3) persons shall be allowed to use this method of making a public comment, on any subject matter not involving zoning, at any committee meeting, or at any executive or regular session meeting. No more than three (3) persons in support of, and three (3) persons in opposition to, shall be allowed to use this method of presenting a public statement pertaining to any zoning amendment, whether text or map. Scheduling of persons desiring to use this method of making a public comment, or presenting a public statement pertaining to zoning amendments, whether text or map, shall be conducted by the City Clerk on a first come, first served, basis. 3. The provisions of this Resolution shall be in effect only during the effectiveness of the Governor’s Executive Order No. 16, issued March 20, 2020. ADOPTED: 3  RESOLUTION 56-2019-20 A RESOLUTION APPROVING THE EXTENSION OF MAYORAL EXECUTIVE ORDER No. 003 PERTAINING TO THE NOVEL CORONAVIRUS IN ORDER TO LIMIT 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 ​________ cases of COVID-19 identified in the United States, which have resulted in ​_________ deaths​; and WHEREAS​, to date, according to the Tennessee Department of Health, there have been ______ cases of COVID-19 identified in the State of Tennessee, which have resulted in ___ deaths​; and WHEREAS​, to date, according to the Tennessee Department of Health, there have been ____ cases ​of COVID-19 identified in Montgomery County, Tennessee which have resulted in __ deaths​; 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 Honorable City Mayor Joe Pitts has previously issued City Mayor Executive Orders Nos. 001, 002, and 003; and  WHEREAS​, the City Council finds that the Mayor’s previously issued Executive Orders are in the public interest and serve to further public health and welfare. NOW​, THEREFORE​, the Mayor’s previously issued Executive Orders, to include No. 003 pertaining to the novel coronavirus and issued in order to limit the spread of the COVID-19 disease, is hereby approved to be extended, and this extension of same shall be effective as of 12:01 a.m. on April 22, 2020, and same shall have effect for a period seven (7) days, and is hereby approved to be extended, in seven (7) day increments, by the Mayor in his discretion during the period of the local state of emergency due to the novel coronavirus, in order to limit the spread of COVID-19, as provided by law. ADOPTED: