HomeMy WebLinkAbout2021 07 12 Consent 308 - Repeal of Resolution No. 2020-06 (Decaration of Civil Emergency) and related Emergency Executive Orders related to COVID-19 • CONSENT AGENDA ITEM 308
,n m=ared CITY COMMISSION AGENDA I JULY 12, 2021 REGULAR MEETING
1959
TITLE
Repeal of Resolution 2020-06 related to the Declaration of Civil Emergency
and related Emergency Executive Orders related to Covid-19
SUMMARY
The City Manager previously issued two Emergency Executive Orders, Orders
2020-01 and 2020 -02, on March 31 and April 1, 2021 respectively. These
Orders dealt with enforcement of Seminole County Executive Order 2020-06
and tolling of timeframes for processing development permit applications.
Additionally, A civil emergency related to COVID-19 was declared by the
Deputy Mayor in the City of Winter Springs on April 2, 2021 . These measures
related to COVID-19 were ratified by the City Commission through Resolution
2020-06 at the April 13, 2020 Regular Meeting.
Per Section 4 of Resolution 2020-06 and Section 2-256 of the City Code, "The
Declaration of Civil Emergency issued by the Mayor and approved hereunder
shall remain in effect within the jurisdictional limits of the City of Winter
Springs until terminated by the City Commission by Resolution."
Given recent actions taken by Governor DeSantis and the Florida Legislature
which are cited in proposed Resolution 2021-19, it is recommended that the
City Commission repeal Resolution 2020-06 related to Covid-19.
RECOMMENDATION
Staff is recommending the approval of Resolution 2021-19.
106
RESOLUTION NO. 2021-19
A RESOLUTION OF THE CITY CONUMSSION OF THE CITY OF
WINTER SPRINGS FLORIDA; REPEALING CITY CONUMSSION
RESOLUTION NO: 2020-06 WHICH PREVIOUSLY AFFIRMED
AND RATIFIED A DECLARATION OF CIVIL EMERGENCY AND
RELATED EMERGENCY EXECUTIVE ORDERS RELATED TO
COVID-19; PROVIDING FOR SEVERABILITY, REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE
DATE.
WHEREAS, Resolution No. 2020-06 was adopted in accordance with, and in reliance
upon,the emergency powers vested in the City of Winter Springs pursuant to Chapter 252,Florida
Statutes, Chapter 2 of the City Code and other applicable law (hereinafter referred to as "City's
Emergency Powers"); and
WHEREAS, the reopening of the State of Florida is now substantially underway and
previously adopted COVID-19 restrictions have been lifted, suspended or terminated by the State
of Florida and other government agencies; and
WHEREAS,on May 3,2021, Governor DeSantis issued two Executive Orders suspending
or invalidating local government emergency actions based on the COVID-19 state of emergency
with the intent to protect the rights and liberties of individuals, accelerate the State's recovery from
the crisis, and mitigate the adverse and unintended consequences of the emergency; and
WHEREAS,Executive Order 21-102 suspends, effective May 3,2021, all local Covid-19
"restrictions and mandates on individuals and businesses" and further prohibits a municipality or
county from renewing or enacting emergency orders or emergency ordinances using a local state
of emergency or using the emergency enactment procedures under Chapters 125, 166, or 252,
Florida Statutes, that imposes restrictions or mandates upon businesses or individuals due to the
COVID-19 emergency; and
WHEREAS, Executive Order 21-101, effective July 1, 2021, provides any emergency
order issued by a political subdivision (municipality or county) due to the COVID-19 emergency
which restricts the "rights or liberties of individuals or their businesses" is invalidated; and
WHEREAS,during the 2021 Legislative Session,the Florida Legislature enacted Chapter
2021-8, Laws of Florida, which provides, effective July 1, 2021, that"emergency orders" issued
by a political subdivision in response to an emergency pursuant to Chapter 252 or Chapter 381,
Florida Statutes (excluding in response to hurricanes or other weather-related emergencies) that
limit the rights or liberties of individuals or businesses are prohibited; and
WHEREAS, in consideration of the recent adoption of the aforementioned Executive
Orders and Chapter 2021-8, Laws of Florida, the City Commission hereby finds that the
Declaration of Emergency and related Emergency Executive Orders ratified and affirmed by the
City of Winter Springs
Resolution 2021-19
Page 1 of 2
107
City Commission under Resolution No. 2020-06 are no longer needed and should be terminated;
and
WHEREAS, the City Commission of the City of Winter Springs deems that this
Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct
and are hereby fully incorporated by this reference.
Section 2. Terminating the Civil Declaration of Emergency. Pursuant to Section 2-256-4
of the City Code,the City Commission hereby terminates the Declaration of Civil Emergency and
related Emergency Executive Orders affirmed and ratified by the City Commission pursuant to
Resolution No. 2020-06 effective immediately upon adoption of this Resolution.
Section 3. Repeal of Prior Inconsistent Resolutions. Resolution 2020-06 and all other
prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the
conflict.
Section 4. Severability. If any section, subsection,sentence, clause,phrase,word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12th day of July, 2021.
KEVIN McCANN,Mayor
ATTEST:
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2021-19
Page 2 of 2
108
BY ORDER OF THE MAYOR OF CITY OF WINTER SPRINGS
DECLARATION OF CIVIL EMERGENCY
WHEREAS, Coronavirus Disease 2019 (COVID-19) is a severe, acute
respiratory illness that appears to occur through respiratory transmission and
presents symptoms similar to those of influenza; and
WHEREAS, The Centers for Disease Control and Prevention
recommends that all states and territories implement aggressive measures to
slow and contain transmission of COVID-19 in the United States; and
WHEREAS, on January 30, 2020, the World Health Organization declared
a public health emergency of international concern related to COVID-19; and
WHEREAS, on January 31, 2020, the United States Department of Health
and Human Services declared that a public health emergency exists nationwide
as a result of confirmed cases of COVID-19 in the United States; and
WHEREAS, on Monday, 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
State of Emergency be declared in the State of Florida; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive
Order 20-52, 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; and
WHEREAS, on March 2, 2020, the Seminole County Chairman executed
Executive Order 2020-001, declaring a Local State of Emergency under the
provisions of Chapter 72, Seminole County Code, due to the serious health
threat to those within the County arising from and related to COVID-19; and
WHEREAS, the Local State of Emergency has been extended three (3)
times by Executive Order No. 2020-002, 2020-003, and 2020-005 due to the
ongoing health threat to those within the County related to COVID-19; and
WHEREAS, on March 24, 2020, Governor Ron DeSantis issued Executive
Order 20-83, directing the State Surgeon General and State Health Officer to
issue a public health advisory to all persons over 65 years of age and to all
persons that have a serious underlying medical condition that places them at
high risk of severe illness from COVID-19, urging them to stay home and to take
other measures as necessary to limit their risk of exposure to COVID-19; and
WHEREAS, Executive Order 20-83 also directs that the State Surgeon
General and State Health Officer issue a public health advisory against all social
or recreational gatherings of 10 or more people and to urge all who can work
remotely to do so; and
City of Winter Springs
Mayor Declaration of Emergency—COVID-19
Page 1 of 4
109
WHEREAS, the Centers for Disease Control and Prevention ('CDC" also
currently recommends that all events in the United States of 10 or more people
should be cancelled or held virtually, staying at home when sick, keeping away
from others who are sick, and staying at home when a household member is sick
with respiratory disease symptoms or if instructed to do so by public health
officials or a health care provider; and
WHEREAS, on March 31, 2020, the City Manager of the City of Winter
Springs, pursuant to his authority under Sections 2-253 and 2-254 of the City of
Code, issued Executive Order 2020-01, which constituted concurrence by the
City of Winter Springs of the enforcement of Seminole County Executive Order
2020-08 within the jurisdictional limits of the City of Winter Springs, which
requires social distancing and adherence to The Centers for Disease Control and
Prevention guidelines throughout Seminole County; and
WHEREAS, on April 1, 2020, Governor Ron DeSantis Issued Executive
Order 20-91, which states that senior citizens and individuals with a significant
underlying medical condition shall stay at home and take all measures to limit the
risk of exposure to COVID-19 and that all persons in Florida shall limit their
movements and personal interactions outside of their home to only those
necessary to obtain or provide essential services or conduct essential activities
through April 30, 2020; and
WHEREAS, COVID-19 continues to pose an imminent risk to healthcare
workers, first responders, and emergency medical services workers caring for
patients with COVID-19 and to residents, employees and businesses in the City
of Winter Springs and neighboring communities; and
WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for
a political subdivision such as the City of Winter Springs to declare a state of
local emergency and to exercise certain powers and authority to safeguard the
lives and property of its citizens; and
WHEREAS, pursuant to Section 2-255 of the City Code of the City of
Winter Springs, Florida, the Mayor shall have the right to declare a civil
emergency provided the declaration is in writing in the event the City
Commission cannot be convened a meeting in a timely manner to address the
civil emergency; and
NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER
VESTED IN ME, AS MAYOR OF THE CITY OF WINTER SPRINGS, FLORIDA
UNDER SECTION 2-255, that COVID-19 poses a serious threat to the lives and
property of the residents of the City of Winter Springs and that a state of local
emergency is declared effective this 2nd day of April, 2020 for all the territory
within the legal boundaries of the City of Winter Springs.
SECTION 1. Recitals. The foregoing recitals are hereby fully
incorporated herein by this reference and are deemed a material part of this
resolution.
City of Winter Springs
Mayor Declaration of Emergency—COVID-19
Page 2 of 4
110
SECTION 2. As Mayor, 1 hereby authorize the City to exercise its
authority and powers pursuant to Florida Statutes 252.38(3)(x) and Chapter 2,
Article VII, of the City Code, and under the direction of the city manager and
police chief to the extent necessary to protect the public health, safety and
welfare and the best interests of the City of Winter Springs, which Include the
authority and powers to take whatever steps are necessary pursuant to the
authority granted under Section 2-255 of the City Code to protect the public
health, safety and welfare, and the City shall have the power and authority to
enforce all executive emergency orders promulgated by the federal, state and
Seminole County Government (including the Seminole County Sheriff) related to
COVID-19 within the jurisdictional limits of the City of Winter Springs, Florida.
SECTION 3. All public officials and employees of the City of Winter
Springs are hereby directed to exercise the utmost diligence in the discharge of
the duties required of them for the duration of the emergency and in the
execution of emergency laws, regulations and directives, state and local.
SECTION 4. All citizens are called upon and directed to comply
with the necessary emergency measures, to cooperate with public officials and
civil emergency disaster service fords in executing the emergency operational
plans, and to obey and comply with the lawful directions of properly identified
public officers.
SECTION 5. Severability. If any section, subsection, sentence,
clause, phrase, word, or portion of this declaration is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portion hereto.
SECTION 6. Effective Date. This declaration shall become
effective immediately upon the execution of this declaration by the undersigned
and shall remain in effect until terminated by the undersigned or the City
Commission in writing.
SECTION 7. Notice to the City Commission.The City Clerk or
City Manager is hereby directed to provide a copy of this declaration to all
members of the City Commission, City Manager, City Attorney, City Department
Directors, and other appropriate government officials. This declaration of a state
of emergency and all emergency regulations and actions activated under the
provisions of Chapter 2, Article VII, City Code shall be confirmed by the city
commission by resolution within five (5) working days of such declaration or at
the next regularly scheduled meeting of the city commission, whichever occurs
first, unless the nature of the emergency renders a meeting of the city
commission extremely impractical.
City of Winter Springs
Mayor Declaration of Emergency—COVID-19
Page 3 of 4
111
DECLARED by the Mayor of the City Commission of the City of Winter
Springs, Florida, this 2nd day of April, 2020.
fx �'4-
Charles Lace
ATTEST (City Seal): Oj ED
4 0
M.
N•
Cfir,istian Gowan,Interim City Clerk
%
0% 0
VrY I 4L
Approved as to legal form and sufficiency for
the aCity..,dinter Springs only:
u f
ANTHONY A. GARGANESE,City Attorney
City of Winter Springs
Mayor Declaration of Emergency-COVID-19
Page 4 of 4
112
EMERGENCY EXECUTIVE ORDER 2020-01
OF THE CITY MANAGER OF WINTER SPRINGS
(ENFORCEMENT OF SEMINOLE COUNTY EXECUTIVE ORDER 2020-006)
WHEREAS,on March 1,2020,the State surgeon General and State Health Officer declared
a Public Health Emergency exists in the State of Florida as a result of COVID-19;and
WHEREAS, on March 9, 2020,Governor DeSantis issued Executive Order 20-52 declaring
a state of emergency for the entire State of Florida as a result of COVID-19,and has since issued
several other Executive Orders attempting to meet the dangers presented to the state and its
people by this emergency,and
WHEREAS, Executive Order 20-52 specifically authorizes each public subdivision within
the State of Florida to waive the procedures and formalities otherwise required by the political
subdivision by law pertaining to various matters including "taking whatever prudent action is
necessary to ensure the health, safety and welfare of the community";and
WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention ("CDC') issued the "15 Days to Slow the Spread" guidance advising
individuals to adopt far-reaching social distancing measures,such as avoiding gatherings of more
than 10 people, and in states with evidence of community spread, bars, restaurants,food courts
gyms and other indoor and outdoor venues where groups of people congregate should be closed;
and
WHEREAS,on March 27,2020,Seminole County issued Executive Order 2020-06 requiring
social distancing and adherence to the centers for disease control and prevention guidelines
throughout Seminole County;and
WHEREAS, Seminole County has requested that the emergency management official of
each municipality execute a concurrence instrument for enforcement of Seminole County
Executive Order 2020-06;and
WHEREAS, pursuant to Section 2-252 of the City Code, the City Manager is vested with
emergency management powers,duties and responsibilities, and is charged with performing the
function of director of emergency management for the City of Winter Springs, and shall
implement, manage, and report on all actions authorized and taken under the provisions of the
City Code,and
WHEREAS, in furtherance of the declaration of State emergency issued by Governor
DeSantis,the President's guidance and the guidance of the State Surgeon General,and Seminole
County Executive Order 2020-06, and the powers and responsibilities vested in me as City
Manager, I desire to support Seminole County's request and execute the concurrence form for
enforcement of Seminole County Executive Order 2020-06 within the jurisdictional limits of the
City of Winter Springs; and
NOW,THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME,AS
CITY MANAGER OF THE CITY OF WINTER SPRINGS, FLORIDA UNDER SECTION 2-253 AND
1
113
2-254, that this Executive Order 2020-01 is hereby adopted and applicable for all the territory
within the legal boundaries of the City of Winter Springs.
SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Supplemental Emergency Order#2.
SECTION 2. Enforcement of Seminole County Executive Order 2020-06. This
Executive Emergency Order shall constitute concurrence by the City of Winter Springs of the
enforcement of Seminole County Executive Order 2020-06 within the jurisdictional limits of City
of Winter Springs. In furtherance of this Executive Emergency Order, I will execute Seminole
County's Concurrence Form per their request and forward the same to Seminole County.
SECTION 3. Effective Date; Termination. This Emergency Executive Order 2020-01
shall become effective immediately upon execution of this order by the undersigned. This
Emergency Executive Order may be expressly terminated by subsequent order of the City Manager
or City Commission or shall automatically terminate at such time Seminole County Executive Order
2020-06 is terminated.
SECTION 4. Notice to the Mayor, City Commission and City Officials. The
City Clerk is hereby directed to provide a copy of this Executive Emergency Order to the Mayor,
all members of the City Commission, Police Chief, City Attorney,City Department Directors, and if
necessary, to other appropriate government officials.
15
DECLARED by the City Manager of Winter Springs, FI rr , Is � day of March, 2020.
Shawn Boyl 'ty.Manager
ATTEST,(City Seal)
Christian Gowan, Interim City Clerk
Approved as to legal form and sufficiency for
the City, f Winter Springs, Florida only:
Anthony A. Garganese, City Attorney
2
114
MUNICIPAL CONCURRANCE FOR ENFORCEMENT OF
SEMINOLE COUNTY EXECUTIVE ORDER 2020-006
REGARDING COVID-19 REQUIRING SOCIAL DISTANCING AND
ADHERENCE TO THE CENTERS FOR DISEASE CONTROL AND
PREVENTION GUIDELINES
Authorized Munic al Emer gent � Mana ement Official
For the City of Winter Springs
o
Shawn
oyle
City Meager
115
EMERGENCY EXECUTIVE ORDER 2020-02
OF THE CITY MANAGER OF WINTER SPRINGS
(Development Permit Applications)
WHEREAS,Coronavirus Disease 2019(COVID-19)is a severe,acute respiratory
illness that appears to occur through respiratory Ummmission and presents symptoms
similar to those of influenza;and
WHEREAS,The Centers for Disease Control and Prevention recommends that all
states and territories implement aggressive measures to slow and contain transmission of
COV1D-19 in the United States;and
WHEREAS, on January 30, 2020, the World Health Organization declared a
public health emergency of international concern related to COVID-19;and
WHEREAS, on January 31, 2020, the United States Department of Health and
Human Services declared that a public health emergency exists nationwide as a result of
confirmed cases of COVID-19 in the United States;and
WHEREAS, on Monday, 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 State of
Emergency be declared in the State of Florida; and
WHEREAS,on March 9, 2020, Governor Ron DeSantis issued Executive Order
20-52,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;and
WHEREAS, on March 2, 2020, the Seminole County Chairman executed
Executive Order 2020-001,declaring a Local State of Emergency under the provisions of
Chapter 72, Seminole County Code, due to the serious health threat to those within the
County arising from and related to COVID-19;and
WHEREAS,the Local State of Emergency has been extended three(3)times by
Executive Order No. 2020-002, 2020-003,and 2020-005 due to the ongoing health threat
to those within the County related to COVID-19; and
WHEREAS,on March 24,2020,Governor Ron DeSantis issued Executive Order
20-83,directing the State Surgeon General and State Health Officer to issue a public health
advisory to all persons over 65 years of age and to all persons that have a serious underlying
medical condition that places then at high risk of severe illness from COVID-19,urging
them to stay home and to take other treasures as necessary to limit their risk of exposure
to COVID-19;and
City of Winter Springs Executive Order 2020-02
Page 1 of 3
116
WHEREAS, Executive Order 20-83 also directs that the State Surgeon General
and State Health Officer issue a public health advisory against all social or recreational
gatherings of 10 or more people and to urge all who can work remotely to do so;and
WHEREAS, the Centers for Disease Control and Prevention ("CDC") also
currently recommends that all events in the United States of 10 or more people should be
cancelled or held virtually,staying at home when sick,keeping away from others who are
sick, and staying at home when a household member is sick with respiratory disease
symptoms or if instructed to do so by public health officials or a health care provider,and
WHEREAS,on March 31,2020,the City Manager of the City of Winter Springs,
pursuant to his authority under Sections 2-253 and 2-254 of the City of Code, issued
Executive Order 2020-01,which constituted concurrence by the City of Winter Springs of
the enforcement of Seminole County Executive Order 2020-06 within the jurisdictional
limits of the City of Winter Springs,which requires social distancing and adherence to The
Centers for Disease Control and Prevention guidelines throughout Seminole County,and
WHEREAS,COVlD-19 continues to pose an imminent risk to healthcare workers,
fust responders,and emergency medical services workers caring for patients with COVID-
19 and to residents, employees and businesses in the City of Winter Springs and
neighboring communities;and
WHEREAS,the ability to conduct public business in accordance with Florida's
Sunshine Law and the laws applicable to quasi-judicial proceedings at open public
meetings is currently severely hampered;and
WHEREAS,formerly routine processes of the City,and elsewhere,are disrupted
and taking longer to accomplish due to coronavirus precautions being mandated by the
federal,state and county governments;and
WHEREAS,under the circumstances, additional time for applicants and the City
to complete and process development permit or development order applications will likely
be required during the current emergency;and
WHEREAS, during this emergency period, City staff will continue to process
development permit and development order applications as quickly as is possible under the
circumstances;and
NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER
VESTED IN ME, AS CITY MANAGER OF THE CITY OF WINTER SPRINGS,
FLORIDA UNDER SECTION 2-253 AND 2-254 OF THE CITY CODE, that this
Executive Order 2020-02 is hereby adopted and applicable for all the territory within the
legal boundaries of the City of Winter Springs:
SECTION 1.Recitals. The foregoing recitals are hereby fully incorporated herein
by this reference and are deemed a material part of this Executive Order.
City of Winter Springs Executive Order 2020-02
Page 2 of 3
117
SECTION 2. Tolling of Timeframes for Processing Applications Under
Section 166.033,Florida Statutes and City Code. The time frames for the City to
process any and all applications for development permits or development orders under
Section 166.033, Florida Statutes, and applicable City Codes are hereby tolled until the
City staff fully responds and applicable City committees or boards take official action on
the application, or Governor Ron DeSantis's Executive Order 20-52 expires and is not
extended or is rescinded, whichever occurs first, Upon expiration (with no extension) or
rescission of the Executive Order,the timeframes shall be extended by an additional thirty
(30)days for pending applications in order to provide a smooth transition for applicants to
complete and the City to process such applications. At the expiration(with no extension)
or rescission of the Governor's Executive Order,the subject matter of this Executive Order
shall be reevaluated in light of conditions presented at that time, and a determination of
whether further extensions of the timeframes and this Executive Order are necessary shall
be made.
SECTION 3. Effective date. This Emergency Executive Order 2020-02 shall
become effective immediately upon execution of this Order by the undersigned. This
Emergency Executive Order may be expressly terminated by subsequent order of the City
Manager or City Commission or shall automatically terminate at such time as Governor
Ron DeSantis's Executive Order 20-52 expires and is not extended or rescission of such
Executive Order.
SECTION 4. Notice to Mayor,City Commission and City Officials. The City
Clerk is hereby directed to provide a copy of this Executive Emergency Order to the Mayor,
all members of the City Commission, Police Chief, City Attorney, City Department
Directors,and if necessary,to other appropriate government officials.
DECLARED by the City Manager of Winter Springs,Florida, his, day
of April,2020.
Shawn Boyle, Gii y
MarA
3 ,41
ATTEST:
4C
Christian Gowan, Interim City Clerk 00*
tpt`� 8�'bll�4t� 6fl��'
Approved as to legal form and sufficiency for
the City o rater Springs, Florida only:
Anthony A. N' leg'anese, City Attorney
City of Winter Springs Executive Order 2020-02
Page,3 of 3
118
RESOLUTIONNO. 2020-06
RESOLUTION F THE CITY COMMISSION F WINTER SPRINGS,FLORIDA CONFIRMING
AND EXTENDING THE COVID-19 DECLARATIONF CIVIL EMERGENCY APPROVED Y THE
MAYORAPRIL 2, 2020; AFFIRMING AND RATIFYINGEMERGENCY EXECUTIV
ORDERS 2020-01 AND 2020-02 ISS Y THE CITY MANAGER RELATED TO THE C VI
9 EMERGENCY;PROVIDING FOR TUTU TERMINATION OF THE CIVIL EMERGENCY
BY THE CITY COMMISSION ATA LATER ATEA PROVIDING FOR THE REPEAL OF PRI®
INCONSISTENT RESOLUTIONS;SEVERABILITY;A D AN EFFECTIVE DATE.
WHEREAS, On March 31, 2020, at the request of Seminole County, the City Manager,
pursuant to emergency powers vested in him under Section 2-252 of the City Cade, issued
Executive Emergency Order 2020-01 regarding the City's enforcement of Seminole County
Executive Order 2020-006 regarding social distancing and adherence to the Center For Disease
Control and Prevention guidelines within the Jurisdictional limits of the City of Winter Springs;and
WHEREAS, On April 1, 2020, the City Manager pursuant to emergency powers vested in
hire under Section 2-252 of the City Code, issued Executive Emergency Order 2020-02 tolling
timeframes for processing development permit applications in accordance with Section 166,033,
Florida Statutes and the City Code for purposes of affording the City and applicants additional
time to complete the processing of such applications due to the disruptions caused by the COVI -
19 emergency, and
WHEREAS, On April 2, 2020, following Governor DeSantis' "Safer at Nome" Executive
Orders 20-91/92, Mayor Charles Lacey, in consultation with the City M a n a g e r and the City
Attorney, issued a local emergency declaration pursuant to Section 4,05 of the City Charter
and Section 2-255(x) of the City Code due to the COVI -19 Emergency, and
WHEREAS, the City Commission hereby finds that the City is currently in a state of
emergency due to the fact that in conjunction with other local, state and federal agencies,
the City is required to take appropriate measures to deal with the COVID-19 emergency, and
WHEREAS, the City Commission further finds that it is necessary and reasonable for
the City to continue exercising emergency powers invoked by the Declaration of Civil
Emergency approved by the Mayor and the City's Executive Emergency Orders issued by the
City Manager in order to protect the public health, safety and welfare of the citizens of Winter
Springs, and
WHEREAS, pursuant to Section 2-255 of the City Code, the City Commission finds that
it is necessary to confirm and extend the Declaration of Civil Emergency approved by the
Mayor until further notice of the City Commission and to affirm and ratify the previous Executive
Emergency Orders issued by the City Manager and referenced herein; and
City of Winter Springs
Resolution No,2020-06
Page 7 of
119
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER
SPRINGS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Confirming and Extending Civil Declaration of Emergency. Pursuant to
Section 2-255 of the City Code, the City Commission hereby confirms and extends until further
action of the City Commission, the Declaration of Civil Emergency approved by the Mayor on
April 2, 2020. An executed copy of the Declaration of Civil Emergency is attached to this
Resolution and fully approved by the City Commission and incorporated herein by this reference.
Section 3. Affirming and Ratifying Prior Executive Emergency Orders.
Executive Emergency Orders 2020-01 and 2020-02 issued by the City Manager are hereby
affirmed and ratified and shall remain in effect until amended or cancelled by the City Commission
or City Manager. An executed copy of the Executive Emergency Orders referenced herein are
attached to this Resolution and fully approved by the City Commission and incorporated herein
by this reference. Neither this Section nor any other provision of this Resolution shall be construed
or interpreted as limiting or repealing any of the emergency powers, duties and responsibilities
vested in the City Manager in accordance with Chapter 2, Article VII of the City Code or any other
applicable law.
Section 4,. Termination of Declaration of Civil Emergency. The Declaration of Civil
Emergency issued by the Mayor and approved hereunder shall remain in effect
within the jurisdictional limits of the City of Winter Springs until terminated by the City
Commission by Resolution.
Section S. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of resolutions in conflict herewith, are hereby repealed
to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions of this resolution.
Section 7. Effective Date.This Resolution shall take effect immediately upon adoption
by the City Commission.
City of Winter Springs
Resolution No. 2020-06
Page 2 of 3
120
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular
Meeting duly assembled on the day of April, 2020.
. s .A ;�: � 'r
ATTEST:
, N ,
CHRISTIAN GOWAN, Interim City Clerk
Approved as to leal form and sufficiency for
the City of Wpp Vit" °'prings, Florida only:
._�............
.. �
ANTHONY A.GARGANESE,City Attorney
City of Winter Springs
Resolution No.2020-06
Page 3 of 3
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