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Agenda Item: 13(d) |
Prepared By: Mike McNees |
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Business: City Council Item |
Department: City Manager |
Subject:
Title
Review of Proclamation of October 16, 2020 Declaring a State of Emergency Related to the COVID-19 Pandemic
Body
BACKGROUND:
During the early stages of the developing COVID-19 pandemic, Chairman Brechnitz executed a proclamation (attached) enacting provisions of Chapter 10 of the City Code of the City of Marco Island, which establishes procedures for the City’s response to civil emergencies.
One of the fundamental effects of the Declaration of Emergency is to create eligibility for the City for reimbursement from state and federal agencies for certain costs incurred by the City in preparation for, in responding to, and in the aftermath of the emergency event.
Section 10-6 of City Code, which was thereby enacted, also allows for certain emergency measures to be enacted by the Chairman without further action of the City Council. Given the nature and duration of the COVID-19 event, which is significantly different from more typical emergency events, a question has been raised by the Council as to whether unilateral action by the Chairman related to emergency response protocols remains necessary or appropriate. Further discussion raises the question of whether remaining in a declared state of emergency is appropriately justified for purposes of preserving federal and state funding eligibility.
City incurred expenditures on preventive and response measures related to COVID-19 through the end of October 23, 2020 are $435,000. Under the state of emergency, we have received $70,000 in reimbursement from the Justice Department, through the Florida Department of Law Enforcement, through the Coronavirus Emergency Supplemental Funding (CESF) program. Application has also been made to Collier County, who administers Coronavirus Aid, Relief, and Economic Security (Cares) funding as provided by Congress and passed down through the State of Florida. This request was initially denied, and Chairman Brechnitz appealed to the County Commission on October 27 and was told this request would be granted. The County Commission also indicated future such requests by the City would be favorably considered.
FUNDING SOURCE / FISCAL IMPACT: N / A
Given the unprecedented nature of the Coronavirus pandemic, it is difficult to predict precisely continued levels of expenditure for the City for such things as personal protective equipment, medical-leave related overtime, physical office reconfiguration, or other expenditures. It is fair to assume however that the pattern to date (March through October) will continue, particularly given the continued levels of new cases of COVID-19 being reported in Florida, in Collier County, and on Marco Island.
RECOMMENDATION:
It is recommended that the declared State of Emergency remain in place to preserve the City’s eligibility for reimbursement for qualified future protective, response, or mitigation expenses. Given the slow-moving nature of this emergency however, and the ability of the City Council to meet with appropriate safety precautions in place, it is recommended that the Covid-19 Proclamation be amended to specifically exclude the powers granted under City Code Section 10-6. This would mean any emergency measures related to the COVID-19 declaration that fall outside of the City Manager’s administrative authority would come to the full City Council for consideration.
POTENTIAL MOTION:
Move that the Declared State of Emergency governing the City’s COVID-19 Pandemic Response be amended to specifically exclude the authority granted solely to the Chairman to enact emergency measures under City Code section 10-6.