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HomeMy WebLinkAbout2022 11 14 Consent 305 - Resolution No. 2022-34 Ratifying the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery • CONSENT AGENDA ITEM 305 ,n m=ared CITY COMMISSION AGENDA I NOVEMBER 14, 2022 REGULAR MEETING 1959 TITLE Resolution No. 2022-34 Ratifying the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery SUMMARY Mayor McCann signed a Declaration of Local Emergency on November 8, 2022 pursuant to Section 4.05, City Charter and Section 2-255, City Code. The declaration of emergency became effective immediately upon execution and remains in effect for seven (7) days or until terminated by the signatory or City Commission in writing. This declaration of a state of emergency activated under Chapter 2, Article VII, City Code must come before the City Commission to be confirmed within five (5) working days of such declaration or at the next regularly scheduled meeting of the City Commission, whichever occurs first. RECOMMENDATION Staff recommends the City Commission consider and approve Resolution 2022-34 104 BY ORDER OF THE MAYOR OF THE CITY OF WINTER SPRINGS DECLARATION OF LOCAL EMERGENCY HURRICANE IAN RECOVERY WHEREAS,Hurricane Ian has caused extensive damage within the geographic area of the City of Winter Springs, including extensive damage to bridges and other critical City infrastructure, which poses an immediate threat to the public health, safety, and welfare of the residents of Winter Springs; WHEREAS, on September 22,2022, Governor Ron DeSantis issued Executive Order 22- 218 declaring a state of emergency for several counties within the State of Florida in response to Hurricane Ian, and said Executive Order was expanded on September 24,2022, for the entire state of Florida via Executive Order 22-219. The Governor's state of emergency remains in effect for Seminole County, Florida, and shall remain in effect until November 22, 2022, unless further extended; 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 to exercise certain powers and authority to safeguard lives and property of its citizens; and WHEREAS,the City of Winter Springs is still in the midst of recovering from the damage caused by Hurricane Ian and will need to engage in emergency procurement of construction services to repair roads and bridges within the City; 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 local civil emergency provided the declaration is in writing in the event the City Commission cannot be convened at a meeting in a timely manner to address the local civil emergency. NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IN ME, AS MAYOR OF THE CITY OF WINTER SPRINGS, FLORIDA, UNDER SECTION 4.05 OF THE CITY CHARTER AND SECTION 2-255 OF THE CITY CODE, that the damage caused by Hurricane Ian continues to pose a serious threat to the lives and safety of the residents of the City of Winter Springs and that a state of local emergency is declared effective upon execution of this Declaration by the undersigned Mayor 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. Section 2. Declaration. As Mayor acting pursuant to Section 4.05 of the City Charter and Section 2-255 of the City Code,l hereby authorize the City to exercise its authority and powers pursuant to Florida Statutes section 252.38(3)(a) and Chapter 2, Article VII,of the City Code, and under the direction of the City Manager (or acting City Manager in the absence of the City City of Winter Springs Declaration of Emergency Hurricane Ian Recovery Pagel of 4 105 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 powers to take whatever steps are necessary pursuant to the authority granted under Chapter 2,Article VII,of the City Code and Section 252.38(3)(a), Florida Statutes, to protect the public health, safety, and welfare including, but not limited to; 1. To implement the City's emergency management plan to the extent deemed necessary to protect the public health, safety and welfare within the City. 2. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies. 3. To assign and make available for duty the offices and agencies of the City, including the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the City for employment within or outside the political limits of the City. 4. To request assistance from the State or Seminole County or assistance from other municipalities or invoice emergency-related mutual-aid assistance by declaring a state of local emergency in the event of an emergency affecting the City of Winter Springs. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. 5. To waive the procedures and formalities otherwise required of the City pertaining to; a. Performance of public work and taking whatever prudent action is necessary to ensure the health,safety, and welfare of the community. 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. 6. 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 Hurricane Ian within the jurisdictional limits of the City of Winter Springs,Florida. City of Winter Springs Declaration of Emergency Hurricane Ian Recovery Page 2 of 4 106 Section 3. Duty of Officials and Employees. 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. Duty of Citizens. All citizens are called upon and directed to comply with the necessary emergency measures, to cooperate with public officials and civil emergency disaster service forces 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 for seven(7) days or until terminated by the undersigned or the City Commission in writing. Section 7. Notice to the City Commission. The City Cleric 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. Section 8. Notice to the Public. Pursuant to Section 2-255(f) of the City Code, the City Manager is hereby directed to post a written notice of this Declaration upon the main bulletin board in the city hall, and shall notify by telephone not less than two (2) newspapers of general circulation within the city, at least three (3) television stations and at least three (3) radio stations broadcasting in Seminole County. When practicable,the City Manager shall also cause the written notice to be published, in its entirety, at least one (1) day each week in a newspaper of general circulation in the city until the state of emergency is declared to be terminated. DECLARE, by the Mayor of the City of Winter Springs, Florida, this Rh Eday of November,2022. Kevin McCann, Mayor City of Winter Springs Declaration of Emergency Hurricane Ian Recovery Page 3 of 4 107 ATTEST: jk Christian Gowan,City Cleric R.li • U Approved as to legal form and sufficiency c� • h for the City of Winter Springs only: Anthony Garganese, City Attorney City of Winter Springs Declaration of Emergency Hurricane Ian Recovery Page 4 of 4 108 RESOLUTION NO. 2022-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CONFIRMING AND EXTENDING THE DECLARATION OF LOCAL CIVIL EMERGENCY APPROVED BY THE MAYOR ON NOVEMBER 8, 2022, DUE TO ONGOING RECOVERY EFFORTS AS A RESULT OF HURRICANE IAN; PROVIDING FOR THE FUTURE TERMINATION OF THE LOCAL CIVIL EMERGENCY BY THE CITY COMMISSION AT A LATER DATE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, on September 27, 2022, the City Commission of the City of Winter Springs enacted Resolution No. 2022-26, declaring a State of Civil Emergency for the City of Winter Springs due to the effects of Hurricane Ian, pursuant to Sections 4.05 and 4.06 of the City Charter and Section 2-255 of the City Code. Resolution No. 2022-26 provides that a State of Local Emergency may declared by the City and that each State of Local Emergency shall last for 7-days, subject to renewal; and WHEREAS, pursuant to Section 4.05 of the City Charter and Section 2-255 of the City Code, Mayor Kevin McCann, in consultation with City Staff, issued a Declaration of Local Emergency due to the lingering effects of Hurricane Ian on November 8, 2022; and WHEREAS, the City Commission hereby finds that the City remains in a state of emergency due to the fact that, in conjunction with other local, state, and federal agencies, the City is still in the process of implementing the City's emergency management plan and recovering from the aftermath of Hurricane Ian; and WHEREAS, on September 22, 2022, Governor Ron DeSantis issued Executive Order 2- 218 declaring a state of emergency for several counties within the State of Florida in response to Hurricane Ian, and said Executive Order was expanded on September 24, 2022, for the entire state of Florida via Executive Order 22-219. The Governor's state of emergency remains in effect for Seminole County, Florida, and shall remain in effect until November 22, 2022, unless further extended; and WHEREAS, Section 252.38(3), Florida Statutes, provides authority for political subdivisions such as the City of Winter Springs to declare a state of local emergency and to exercise celiain powers and authority to safeguard the lives and property of its citizens; and WHEREAS, pursuant to Section 2-255 of the City Code, the City Commission finds that it is necessary to confirm and extend the State of Local Emergency approved by the Mayor; and City of Winter Springs Resolution No. 2022-34 Page 1 of 3 109 WHEREAS, the State of Local Emergency is required to quickly and effectively repair the City's bridges and other critical infrastructure which was damaged by Hurricane Ian; and 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 Declaration of Local Civil Emergency; Emergency Powers. Pursuant to Section 2-255 of the City Code, the City Commission hereby confirms and extends a State of Local Civil Emergency approved by the Mayor on November 8, 2022, due to the lingering effects of Hurricane Ian. An executed copy of the Declaration of Local Emergency is attached to this Resolution and fully approved by the City Commission and incorporated herein by this reference. Hurricane Ian resulted in an enormous amount of property destruction, including damage to crucial portions of the City's infrastructure. This damage continues to cause an increased strain on the City's resources and continues to cause adverse effects to the citizens of Winter Springs. Therefore, upon execution of this Resolution, a State of Local Emergency is continued and extended for all the territory within the legal boundaries of the City of Winter Springs for a period of an additional 7 days, subject to renewal for additional 7-day periods, until such time as emergency conditions are no longer present in the City. Section 3. Notice to the Public. Pursuant to Section 2-255(f) of the City Code, when practicable, the City Manager shall continue to cause the written notice of this Resolution to be published, in its entirety, at least one (1) day each week in a newspaper of general circulation in the city until the state of emergency is declared to be to lninated. Section 4. Termination of Declaration of Civil Emergency. The Declaration of Local Emergency shall remain in effect within the jurisdictional limits of the City of Winter Springs until terminated by the City Commission by Resolution or for a duration of seven (7) days until November 15, 2022,whichever is earlier. Section 5. 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 City of Winter Springs Resolution No. 2022-34 Page 2 of 3 110 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 on November 14, 2022 following adoption by the City Commission. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 14th day of November, 2022. 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 No. 2022-34 Page 3 of 3 111