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HomeMy WebLinkAbout2020-03-19 20-103 ORDERCITY COUNCIL ACTION Council Meeting Date: 03/19/2020 Item No: 20-103 As Amended Responsible Dept: Legal Requested Action: Order 03/19/2020 20-103 As Amended Map/Lot: N/A Title, Order Renewing the City Manager's March 16, 2020 Proclamation Declaring State of Emergency Summary This Order would renew the emergency proclamation declared by the City Manager in response to the ongoing COVID-19 pandemic. On March 16, 2020, after consultation with the Chair of the City Council, the City Manager declared and signed a "Proclamation Declaring State of Emergency." This followed the declaration by the Governor of the State of Maine of a civil state of emergency on March 15, 2020. Both of these declarations addressed the ongoing COVID-19 pandemic. Since these declarations, the number of confirmed cases in the State of Maine has increased, and no solution for the spread of COVID-19 has been found. In short, the pandemic, and the emergency created by this novel coronavirus both continues and worsens. These factors present an immediate threat to the public health and safety, and require the City to be able to react and regulate quickly as additional information becomes available. In order to preserve the health, safety, and welfare of the City of Bangor, this Order would renew the City's Proclamation Declaring State of Emergency until seven days after the Governor's declared civil state of emergency is over. Given the immediate threat of the pandemic, this Order is being introduced as an emergency measure pursuant to Article V, Section 1 of the Bangor City Charter. Committee Action Committee: Meeting Date: Action: Recommend for passage For: Against: Staff Comments & Approvals City Manager Introduced for: New Business City Solicitor Finance Director CITY OF BANGOR ORDER Date: 03/19/2020 Item No: 20-103 As Amended Assigned to Councilor: Nichols 03/19/2020 20-103 As Amended Renewing the City Manager's March 16, 2020 Proclamation Declaring State of Emergency WHEREAS, on March 16, 2020, after consultation with the Chair of the City Council, the City Manager declared and signed a "Proclamation Declaring State of Emergency"; WHEREAS, this followed a declaration by the Governor of the State of Maine of a civil state of emergency on March 15, 2020; WHEREAS, the City Council agrees with the rationale of and the need for the March 16, 2020, Proclamation Declaring State of Emergency; WHEREAS, as of the morning of March 18, 2020, there are twenty-three (23) confirmed cases of COVID-19 in the State of Maine and nine (9) presumptive cases; WHEREAS, the number of confirmed cases in the State of Maine of COVID-19 is increasing rapidly; WHEREAS, the COVID-19 emergency persists and grows throughout the City, the State of Maine, the United States of America, and the world; and WHEREAS, these factors present an immediate threat to the public health and safety, and require the City to be able to react and regulate quickly as additional information becomes available; Be it Ordered by the City Council of the City of Bangor that: 1. Pursuant to Section 28-78 of the Bangor Code of Ordinances, the City Council hereby renews the March 16, 2020, "Proclamation Declaring State of Emergency" signed by the City Manager; 2. The City Council hereby explicitly affirms that all of the emergency powers and duties contained in Chapter 28 of the Bangor Code of Ordinances shall continue until this renewed Proclamation Declaring State of Emergency ends, and recognizes that the City Manager will likely promulgate additional regulations pursuant to these emergency powers as she deems necessary; 3. This renewed Proclamation Declaring Emergency shall end seven (7) days after the termination of the March 15, 2020 State of Emergency to address COVID-19 that was declared by the Governor of the State of Maine, or at such other time as this Council determines it should end; 20-103 As Amended 03/19/2020 4. The original March 16, 2020 Proclamation Declaring State of Emergency that is hereby renewed is attached to this Order and incorporated herein; and this Order and its attachment shall be filed with the City Clerk within twenty-four (24) hours of its issuance. 5. The ongoing COVID-19 pandemic, combined with the need for immediate action to prevent or mitigate the further spread of the disease, constitutes an emergency, and the actions contemplated in this Order are therefore immediately necessary for the preservation of the public peace, health or safety. This Order is therefore enacted as an emergency measure pursuant to Article V, Section 1 of the Bangor City Charter. Title, Order CITY COUNCIL ACTION Council Meeting Date: 03/19/2020 Item No: 20-103 Responsible Dept: Legal Requested Action: Order 03/19/2020 20-103 Map/Lot: N/A Renewing the City Manager's March 16, 2020 Proclamation Declaring State of Emergency Summary This Order would renew the emergency proclamation declared by the City Manager in response to the ongoing COVID-19 pandemic. On March 16, 2020, after consultation with the Chair of the City Council, the City Manager declared and signed a "Proclamation Declaring State of Emergency." This followed the declaration by the Governor of the State of Maine of a civil state of emergency on March 15, 2020. Both of these declarations addressed the ongoing COVID-19 pandemic. Since these declarations, the number of confirmed cases in the State of Maine has increased, and no solution for the spread of COVID-19 has been found. In short, the pandemic, and the emergency created by this novel coronavirus both continues and worsens. In order to preserve the health, safety, and welfare of the City of Bangor, this Order would renew the City's Proclamation Declaring State of Emergency until seven days after the Governor's declared civil state of emergency is over. Committee Action Committee: Meeting Date: Action: Recommend for passage For: Against: Staff Comments & Approvals ly 1 City Manager Introduced for: New Business City Solicitor Finance Director CITY OF BANGOR ORDER Date: 03/19/2020 Item No: 20-103 Assigned to Councilor: Nichols 03/19/2020 20-103 Renewing the City Manager's March 16, 2020 Proclamation Declaring State of Emergency WHEREAS, on March 16, 2020, after consultation with the Chair of the City Council, the City Manager declared and signed a "Proclamation Declaring State of Emergency"; WHEREAS, this followed a declaration by the Governor of the State of Maine of a civil state of emergency on March 15, 2020; WHEREAS, the City Council agrees with the rationale of and the need for the March 16, 2020, Proclamation Declaring State of Emergency; WHEREAS, as of the morning of March 18, 2020, there are twenty-three (23) confirmed cases of COVID-19 in the State of Maine and nine (9) presumptive cases; WHEREAS, the number of confirmed cases in the State of Maine of COVID-19 is increasing rapidly; WHEREAS, the COVID-19 emergency persists and grows throughout the City, the State of Maine, the United States of America, and the world; Be it Ordered by the City Council of the City of Bangor that: 1. Pursuant to Section 28-78 of the Bangor Code of Ordinances, the City Council hereby renews the March 16, 2020, "Proclamation Declaring State of Emergency" signed by the City Manager; 2. The City Council hereby explicitly affirms that all of the emergency powers and duties contained in Chapter 28 of the Bangor Code of Ordinances shall continue until this renewed Proclamation Declaring State of Emergency ends, and recognizes that the City Manager will likely promulgate additional regulations pursuant to these emergency powers as she deems necessary; 3. This renewed Proclamation Declaring Emergency shall end seven (7) days after the termination of the March 15, 2020 State of Emergency to address COVID-19 that was declared by the Governor of the State of Maine, or at such other time as this Council determines it should end; and 4. The original March 16, 2020 Proclamation Declaring State of Emergency that is hereby renewed is attached to this Order and incorporated herein; and this Order and its attachment shall be filed with the City Clerk within twenty-four (24) hours of its issuance. ` ���������� ��� TT� � ��K—��� MANAGER �_��_ �_ ��� �� ��� u � �x~ �—,� � � CITY OF BANGOR CATH ERIN sM.CON LOW CITY MANAGER PROCLAMATION DECLARING STATE OFEMERGENCY VVHEHEAS,thereisourrent|yanoutbreakofnove|coronavirusdiaease2O1Q ("[OV|D-2O19~), a respiratory illness,first detected in Wuhan City, Hubei Province, China, and it continues to expand to a growing number ofinternational locations, including the United States; WHEREAS,on January 31, 2020, the United States Secretary of Health and Human Services announced a nationwide public health emergency torespond toCOViD'19; WHEREAS,on March 11, 2020,the World Health Organization (the"WHO')declared that the global health crisis involving[OV|D'19 /aapandemic; WHEREAS, on March 12, 2020, the State of Maine identified and confirmed its first case of COVID-19; � WHEREAS, as of March 16, 2020, there are eight confirmed cases and nine presumptively positive cases � in Maine ofCOV0'19; � WHEREAS, COVID-19 has been detected in thousands of people worldwide and can be spread from person Loperson; WHEREAS,this worldwide outbreak ofCOV1O-I8isemerging and rapidly evolving; WHEREAS,the number of confirmed cases of COVID-19 has risen steadily in the past months; WHEREAS,the City of Bangor(the "City")and all of its departments are prepared to respond to COVID- 19 and are committed toprotecting the health, safety and welfare ofeveryone inBangor; WHEREAS, the City urges the public to stay home if they are ill and consult with their doctor if they are experiencing more severe symptoms such aashortness ofbreath,are older adults, orare any age with chronic medical conditions that increase the likelihood of a more severe COVID-19 disease; WHEREAS,in accordance with guidance frorn the President of the United States and the Center for Disease Control ("CDC"),the City urges the public to practice social distancing and not attend events where ten nrmore people will begathered; 73 HARLOW STREET BANGOR, ME 04401 TELEPHONE: (2O7) 992-42D5 VVW"�8ANG[)RMA|NEGOY WHEREAS,the City recommend that the public follow the CDC's stringent guidance for cleaning and disinfection; WHEREAS,the City recommends that all Bangor businesses follow CDC guidance in allowing for workplace social distancing and remote work where applicable; WHEREAS,the City recommends that all fitness centers,gyms,yoga studios,and indoor cycling studios cease operations for the immediate future; WHEREAS, the City recommends that all Bangor restaurants and bars institute and follow the recommended CDC guidance, and further close their establishments to all in-person dining and gathering,and only offer take-out dining-options for their customers; WHEREAS,the risk of community spread throughout Bangor impacts the life, health and safety of the public and public health is imperiled by the person-to-person spread of COVID-19; and WHEREAS on,March 15,2020, the Maine Governor,Janet Mills,declared a State of Civil Emergency for the entire State of Maine in order to address the threat of COVID-19 poses to the health and welfare of residents and visitors to the State of Maine; NOW THEREFORE, pursuant to the powers vested in me through the statutes of the State of Maine;the Bangor Code of Ordinances,Chapter 28,Section 28-77;the City Charter;and common law authority to protect the public's health, safety and welfare in the event of an emergency, 1,Catherine M.Conlow, City Manager for the City of Bangor, in consultation with the Chair of the City Council of the City of Bangor,do hereby declare and order as follows-, 1.A civil state of emergency exists within the entire City of Bangor. 2. No business shall host or organize and no person shall be in or remain in any establishment within the City, including, but not limited to, restaurants, bars, movie theaters, museums, dance clubs, music venues, and any other establishment where individuals gather in groups or are in close contact with one another, beginning March 17, 2020 at 8:00 p,rn. until March 18, 2020 at 2:00 a.m. and thereafter daily from 8:00 p.m. until 2:00 a.m, 3.As per Chapter 28, Section 28-78 of the Bangor City Code,this proclamation shall remain in effect for five(5) days unless and until it is renewed by the Bangor City Council. Dated: Monday, March 16, 2020 Catherine M, Conlow,City Manager .......... Memorandum CITY OF BANGOR. To: Catherine M. Conlow, City Manager From: Paul Nicklas, Assistant City Solicitor Date: March 16, 2020 Re: Emergency Powers The City's emergency powers are primarily addressedthrough Bangor Code Chapter 28, Article XVII (Emergency Management Agency). Council The Council must renew a state of emergency for it to last longer than 5 days, which is the reason for the Council Order on tonight's agenda. The Council also has its normal powers under home rule, such as to enact ordinances. Given the amount of time it takes to call meetings (24 hours at a minimum by City Charter, and practically speaking more than that), it is difficult for the Council to react quickly to emergency situations. This is presumably the reason for the emergency provisions of Chapter 28. Chair The City Manager consults the Council Chair before declaring a state of emergency. City Manager While a City state of emergency is in effect, the City Manager can regulate as necessary to "protect life and property and to preserve critical resources." This includes, but is not limited to: 1) Regulations prohibiting or restricting the movement of vehicles in areas within or without the City. 2) Regulations facilitating or restricting the movement of persons within the City. 3) Regulations pertaining to the movement of persons from hazardous areas within the City. 4) Such other regulations necessary to preserve public peace,health, and safety. During the period of the emergency, the City Manager's regulations;supersede conflicting City ordinances, orders, and regulations. She cannot overrule state statutes, the City charter, or court orders. Other laws Apart from the 24 hour requirement for Council meetings, nothing in the Charter appears particularly relevant to emergencies. State law is primarily concerned with the Governor's actions in an emergency. It does allow the City to set up an emergency'management agency (such as our Chapter 28, Article XVII), and has provisions regarding planning, mutual aid, and the appointment and removal of the emergency management director. In general;with respect to municipalities, state law is concerned with planning, not direct response. OFFICE of THECITY MANAGER CITY OF BANGOR CATHERINE M.CONLOVY CITY MANAGER EMERGENCY REGULATION: PROHIBITIONS ON PUBLIC-FACING BUSINESSES WHEREAS, the City issued a Proclamation Declaring State of Emergency on March 16, 2020, in response to the COVID-19 outbreak; WHEREAS, at that time, in accordance with guidance from the President of the United States and the Center for Disease Control,the City urged the public to practice social distancing and not attend events where ten or more people will be gathered; WHEREAS, said outbreak continues to emerge and spreadrapidly, so that the number of cases of COV1D-19 since the City's Proclamation was issued has risen from eight confirmed and nine presumptively positive cases to 30 confirmed and 12 presumptively positive cases; WHEREAS,health officials have now confirmed the first case of COVID-19 in Penobscot County; and WHEREAS the risk of community spread throughout Bangor impacts the life,health and safety of the public and public health is imperiled by the person-to-person spread of COVID-19; I, Catherine M. Conlow, City Manager of the City of Bangor, pursuant to the City's Proclamation Declaring State of Emergency of March 16, 2020 and Section 28-79 of the Bangor City Code,hereby regulate as follows: I. Beginning March 19, 2020 at 6;00 p,m., no auditorium, stadium, arena, large conference room,meeting hall,theater,gymnasium,fitness center,or private club,said uses being listed in the Governor of the State of Maine's Executive Order of March 18, 2020,or movie theater,museum,dance club,music venue,adult entertainment facility, casino; gym, yoga studio, or indoor cycling studio, shall be open while said Proclamation Declaring State of Emergency shall remain in effect,;including any renewal'thereof. 2. The establishments covered under sections l do not include businesses that provide essential services, including but not limited to food processing, agriculture, industrial manufacturing,construction,trash collection, grocery and household goods(including convenience stores), home repair and hardware and auto repair, pharmacy and other medical facilities, biomedical and health care, child care, post offices and shipping outlets, insurance, banks, gas stations,laundromats,veterinary clinics and animal feed 73 HARLOW STREET,' BANGOR, ME 04401 TELEPHONE; (207)992-4205 WWW.BANGORMAI N E.GOV and supply stores, shipping stores, public transportation, and hotel and commercial lodging (except to the extent that said hotel and commercial lodging facilities include bars,restaurants,meeting facilities,and other facilities required to be closed by City or State emergency proclamation, including but not limited to section'1 above). 3. The establishments covered under section,1 also do not include any establishment to the extent it is used for COVID-19 relief efforts, including but not limited to housing, meal preparation, medical facilities, and other relief efforts. V March 19, 2020 Catherine ff. nlow, City Manager