“As a result of the spread of COVID-19, pursuant to R.C. 735.051 a real and present emergency exists in the City of Loveland.”
Loveland, Ohio – The Loveland City Council met in a “Special Session” this afternoon at 5 PM and passed a resolution declaring a state of emergency in the City that gives broad powers to City Manager Dave Kennedy to deal with consequences of a possible spread of the COVID-19 virus. The powers were granted to make sure that if Council can not meet, the manager can act swiftly to exercise all necessary “emergency authority” for the protection of the lives and property of the people of the City. The meeting was held at the Loveland Museum Center,
The Resolution reads in part, “There is an urgent and immediate need to take emergency measures to maintain essential municipal operations, protect lives, homes, and property, and to ensure that basic needs of City residents are met.”
Voting for the Resolution was Mayor Kathy Baily, Andrew Bateman, Ted Phelps, Neal Oury, and Kent Blair. Vice-Mayor Rob Weisgerber did not attend the meeting at the advice of his doctor.
Tim Butler voted against the Resolution. He made two suggested amendments that did not receive the support of other councilmembers. Butler was not ready to grant the City Manager more authority than the Ohio Governor or other state agencies were yet willing to declare, such as possibly unilaterally closing local bars and restaurants.
There are no reported cases of COVID-19 in the City at present.
Kennedy, Fire Chief Otto Huber, and Police Chief Sean Rahe each gave an update on the precautions their departments are currently taking to protect the public and city employees.
City Solicitor Joe Braun live-chatted during the meeting via the City Manager’s smartphone. The speakerphone allowed conversation between Council and their lawyer. Braun did not attend because someone in his law office is under preventative observation for having the COVID-19 virus.
Below is the Emergency order that Council adopted this afternoon.
Resolution declaring a state of emergency in the City of Loveland due to the coronavirus disease outbreak
WHEREAS, there has been an outbreak of Coronavirus Disease 2019 (COVID-19) across the United States of America and in the State of Ohio; and
WHEREAS, there have been multiple confirmed cases of COVID-19 across the State of Ohio; and
WHEREAS, the President of the United States Donald J. Trump has declared a national State of Emergency and the Governor of the State of Ohio, Michael Dewine, has declared a State of Emergency in Ohio (Executive Order 2020-OID) which, among other restrictions, has closed all schools in the State of Ohio and limits large indoor gatherings; and
WHEREAS, Governor DeWine’s Declaration follows the Center of Disease Control and Prevention “Interim Guidance,” recommending that all employers consider how best to decrease the spread of COVID-19, including the review of guidance from state and local health officials; and
WHEREAS, there is an urgent and immediate need to take emergency measures to maintain essential municipal operations, protect lives, homes, and property, and to ensure that basic needs of City residents are met.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Loveland, Hamilton, Clermont and Warren County, Ohio:
Section 1. That the City Council hereby declares that a State of Emergency exists in the City of Loveland, and invokes and declares those portions of the Ohio Revised Code which are applicable to the conditions and have caused the issuance of this resolution to be in full force and effect in the City of Loveland for the exercise of all necessary emergency authority for the protection of the lives and property of the people of the City of Loveland and the restoration of local government with minimal interruption.
Section 2. Any and all powers to be exercised by the City as authorized by Ohio Revised Code Chapter 5502 are permitted by passage of this Resolution and are incorporated herein by reference.
Section 3. Finds that as a result of the spread of COVID-19, pursuant to R.C. 735.051 a real and present emergency exists in the City of Loveland affecting the public health and safety of residents necessitating the purchase and acquisition of certain items and services by the City Manager to maintain essential municipal operations and deal with the present emergency without the requirement for competitive bidding, advertising and the pre-authorization of City Council.
Section 4. The City Manager is hereby authorized to take any and all steps necessary to maintain order and control in the City of Loveland for the well-being, health and safety of residents.
Section 5. All public offices and employees of the City of Loveland are hereby directed to exercise the utmost diligence in the discharge of duties required of them for the duration of the emergency and in the execution of emergency laws, regulations, and directives, both federal, state and local.
Section 6. All citizens are called upon and directed to comply with necessary emergency measures to cooperate with public officials and emergency services personnel in executing emergency operational plans, and to obey and comply with the lawful direction of properly identified emergency services personnel.
Section 7. All operating forces and residents affected by such conditions should direct their communications and requests for assistance and operations directly to the City Manager.
Section 8: That the Council hereby finds and determines that all formal actions relative to the passage of this Resolution were taken in an open meeting of the Council, and that all deliberations of this Council and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22 of the Ohio Revised Code.
Section 9: This Resolution shall be in full force and effect from and after the earliest date allowed by law.
Approved as to Form:
_________________________ City Solicitor