The City Council of the City of Riviera Beach, Palm Beach County, Florida has been informed by its emergency management staff and the Palm Beach County Emergency Operations Center and the Palm Beach County Health Department of the imminent threat posed by the COVID-19 virus.
The COVID-19 virus is a serious respiratory illness that causes symptoms similar to influenza including fever, difficulty breathing and coughing. According to the World Health Organization the COVID-19 virus originated in China however, as of March 12, 2020, there were over 125,000 worldwide cases of COVID-19 with over 4,600 deaths reported.
As of March 11, 2020, the Centers of Disease Control and Prevention (the “CDC”), has reported over 1,200 cases of the COVID-19 virus in the United States with over 35 reported deaths. According to the CDC, persons at higher risk are older adults and people with serious chronic medical conditions like heart disease, diabetes and lung disease.
Riviera Beach has a significant population of persons who are over 60 years of age or who have chronic medical conditions.
Currently, five (5) cases of the COVID-19 virus have been confirmed in Palm Beach County, Florida. There is no current vaccine or drug available to combat COVID-19 and the CDC has predicted likely widespread transmission of COVID-19 in the United States.
On March 1, 2020, the Governor of the State of Florida issued Executive Order No. 20-051 establishing a public health emergency in order to direct response to COVID-19 and appointing the Florida Department of Health as the lead agency to coordinate emergency response activities.
On March 9, 2020, the Governor of the State of Florida issued Executive Order No. 20-52 declaring a State of Emergency in the State of Florida based on the on-going risk posed by COVID-19 including the fact that at least eight (8) Florida counties have reported positive cases of COVID-19; and the City of Riviera Beach must take all necessary coordination, preparation and response activities necessitated by the rapidly expanding COVID-19 virus emergency.
Section 252.38, Florida Statutes and Sections 15 and 2-26 of the Riviera Beach Code of Ordinances provides authority for a political subdivision such as the City of Riviera Beach to declare a state of local emergency and to waive the procedure and formalities otherwise required of political subdivisions in order to take whatever action is necessary to ensure the health, safety and welfare of the community.
EFFECT OF THE RESOLUTION
This Resolution would authorize the Mayor to exercise his authority and waive the procedures and formalities required by law of a political subdivision, as provided in Section 252.38 Florida Statutes, and Sections 15 and 2-26, of the Riviera Beach Code of Ordinances. The Mayor, or in his absence, the Council Chairperson or Chair Pro Tem in the absence of the Chair, or the City Manager or his designee in the absence of the Chair Pro Tem, would be authorized and empowered to exercise all powers and duties and take all action deemed appropriate as authorized in Section 252.38, Fla. Stat., and Sections 15 and 2-26, Code of Ordinances.
The Mayor would be authorized to waive the procedures and formalities otherwise required of the City of Riviera Beach pertaining to:
a. Performance of public work and any other prudent action necessary to ensure the health, safety and welfare of the citizens of the City of Riviera Beach.
b. Entering into contracts.
c. Incurring obligations.
d. Employment of permanent and temporary workers.
e. Utilization of volunteer workers.
f. Rental of Equipment.
g. Acquisition and distribution, with or without compensation, of supplies, materials and facilities.
h. Appropriation and expenditure of public funds.
Further, the Resolution would authorize the City Manager or designee, to exercise such emergency powers necessary to carry out the provisions of Chapter 252, Florida Statutes, to provide for the health and safety of persons and property including, but not limited to: establishing a curfew order to restrict travel and movement within the City; waiving utility late fees; and prohibiting the disconnection of utility services for non-payment during the state of emergency. The emergency restrictions shall be tailored to meet the exigency of the circumstances and can be modified by further order at any time as necessary.
A state of local emergency would be declared in Riviera Beach, Palm Beach County, Florida, effective for seven (7) days beginning 6:00 p.m., this eighteenth day of March, 2020.
The State of Emergency shall extend for a period of 7 days and may be extended as necessary in 7 day increments pursuant to Section 252.38(3)(a)5 by order of the City Manager or designee, or until further action by the City Council terminates such authority.