City extends its COVID-19 emergency order

Posted on May 1, 2020

At their Tuesday night meeting, city council members voted unanimously in favor of extending a local state of emergency order, adopted to address the COVID-19 threat, at least until their next meeting scheduled for May 12.

Based on a recommendation from City Manager Taylor Brown, the council voted 5-0 in favor of re-enacting the emergency declaration to ensure it remained in effect at least until their upcoming meeting in two weeks.

The city’s emergency ordinance was originally tied to Governor Ron DeSantis’ Executive Order #20-52, and was therefore subject to possibly expire on May 8, unless the governor extended his order.

“Because the governor has not yet revealed what his intentions are concerning this executive order, we were left facing the prospect that our ordinance could expire prior to the next regularly scheduled meeting of the City Council,” City Manager Taylor Brown explained Wednesday.

“I recommended that the city council extend our emergency ordinance until May 14, which is the date of our next meeting, thereby giving the city time to wait and see what the state and federal governments order, advise and/or recommend moving forward so that we can then amend our local plans accordingly,” he added.

Brown explained that extending the emergency ordinance was “just a formality”

DeSantis issued Executive Order 20-52 on March 9, 2020, declaring a state of emergency for the State of Florida and authorizing Florida cities and counties to “waive the procedures and formalities otherwise required” by law pertaining to performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the

community.

The emergency order grants temporary expanded powers to the “City of Perry Emergency Director” (designated as Mayor Alan Hall or Brown) to have the authority on behalf of the city to execute contracts with third parties and other governmental agencies as deemed necessary to respond to and mitigate the effects and conditions attributable to COVID-19 and any other related adverse health conditions concomitantly impacting the City.”

However, “political subdivisions are cautioned against entering into time and materials contracts without ceiling as defined by 2CFR 200.318(j) or cost plus percentage contracts as defined by 2 CFR 200.323(d).”

While the city has not yet exercised any of the provisions to do so, the emergency ordinance allows for the city to establish curfews and restrictions on vehicle and pedestrian traffic and the “closing of places of public assemblage with designated exceptions.”

“To such end, the City of Perry Emergency Director shall have the authority to close public spaces or otherwise cancel, rescind, close, or postpone any special events, assemblies, or gatherings scheduled or unscheduled within the City where COVID-19 may be spread or otherwise transmitted to others,” the ordinance states.

“The City of Perry Emergency Director may further close any public offices, facilities, parks, or buildings of the City or otherwise limit access thereto to further assist in any quarantine efforts,” the emergency order

reads.

Among the “Emergency Powers” spelled out under the emergency ordinance, the city may suspend the effect of any statute, ordinance, procedure, rule or order, to the extent necessary to procure any and all necessary supplies, commodities, services and other resources.

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