HomeMy WebLinkAboutResolution 2020 (23) Resolution No. 23 (2020)
ST. ROM�'w '° �..1NTY RESOLUTION DECLARING AN EMERGENCY AND RATIFICATION OF
PROCLAMATION DECLARING STATE OF EMERGENCY DUE TO
FLOODING ACROSS ST. CROIX COUNTY
1 WHEREAS, on June 28 and 29, 2020, parts of St. Croix County received over seven
2 inches of rain causing flooding across the county, which caused roads to wash out, including
3 State Trunk Highway 63, U.S. Highway 12, and several other county and town roads; and
4
5 WHEREAS, it is necessary for St. Croix County to declare a state of emergency as the
6 rain has caused flooding and washed out roads creating a disaster; and
7
8 WHEREAS, Wis. Stat. § 323.11 empowers a governing body of a local unit of
9 government to declare a local state of emergency whenever conditions arise by reason of riot or
10 civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food
11 or fuel supplies, medical care, fire, health or police protection, or other critical systems of the
12 local unit of government. The period of the emergency shall be limited by the ordinance or
13 resolution to the time during which the emergency conditions exist or are likely to exist; and
14
15 WHEREAS, pursuant to Wis. Stat. § 323.14(4)(a), the emergency power of the
16 governing body includes the general authority to order, by ordinance or resolution, whatever is
17 necessary and expedient for the health, safety, protection, and welfare of persons and property
18 within the local unit of government in the emergency and includes the power to bar, restrict, or
19 remove all unnecessary traffic, both vehicular and pedestrian, from the highways,
20 notwithstanding any provision of Wis. Stat. Chs. 341 to 349; and
21
22 WHEREAS, pursuant to Wis. Stat. § 323.14(4)(b), if, because of the emergency
23 conditions, the governing body of the local unit of government is unable to meet promptly, the
24 chief executive officer or acting chief executive officer of any local unit of government shall
25 exercise by proclamation all of the powers conferred upon the governing body under Wis. Stat.
26 §§ 323.14(4)(a) or 323.11 that appear necessary and expedient. The proclamation shall be subject
27 to ratification, alteration, modification, or repeal by the governing body as soon as that body can
28 meet, but the subsequent action taken by the governing body shall not affect the prior validity of
29 the proclamation; and
30
31 WHEREAS, pursuant to Wis. Stat. § 323.14(4)(b), on June 29, 2020 the St. Croix
32 County Board Chair by proclamation, a copy of which is attached as Exhibit A, declared that a
33 state of emergency exists in St. Croix County due to flooding across St. Croix County; and
34
35 WHEREAS, pursuant to Wis. Stat. § 323.14(4), the proclamation is "subject to
36 ratification, alteration, modification or repeal by the governing body as soon as that body can
37 meet, but the subsequent action taken by the governing body shall not affect the prior validity of
38 the proclamation"; and
39
40 WHEREAS, the County Board (the "Board") has determined that it is necessary to make
41 all possible resources and means available to the County in order to protect the health, safety,
42 property and welfare of its residents from the threat posed by the flooding across St. Croix
43 County.
44
45 NOW, THEREFORE BE IT RESOLVED,by the St. Croix County Board of
46 Supervisors that pursuant to Wis. Stat. § 323.11, the Board finds and declares that an emergency
47 exists within the County by reason of a disaster due to the flooding across St. Croix County.
48
49 BE IT FURTHER RESOLVED,that during the period of emergency prescribed by this
50 Resolution, the Board may order, by ordinance or resolution, whatever is necessary and
51 expedient for the health, safety, protection, and welfare of persons and property within the
52 County.
53
54 BE IT FURTHER RESOLVED,that the St. Croix County Administrator is hereby
55 authorized and directed by the Board to coordinate and administer the County's emergency
56 management response and to carry out the orders of the St. Croix County Board related thereto.
57
58 BE IT FURTHER RESOLVED,that the head of Emergency Management of the
59 County is authorized and directed to carry out his/her duties under the County's Emergency
60 Management Plan under the supervision and direction of the County Administrator and perform
61 such other duties as may be directed by further resolution of the St. Croix County Board.
62
63 BE IT FURTHER RESOLVED,that pursuant to Wis. Stat. § 323.11, the period of
64 emergency shall be limited to the time during which the emergency conditions exists or are
65 likely to exist.
66
67 BE IT FURTHER RESOLVED,that all actions heretofore taken by the Board and
68 other appropriate public officers and agents of the County with respect to the matters
69 contemplated under this Resolution, including the Proclamation declaring that a state of
70 emergency exists in St. Croix County due to flooding across St. Croix County, are hereby
71 ratified, confirmed, and approved.
Legal-Fiscal-Administrative Approvals:
Legal Note:
Fiscal Impact: Any emergency expenses may or may not be eligible for refunding.
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P Ck Thompson,County Adrninistratnr 7/3/2024
Vote Confirmation.
SL Croix County Board of Supervisors Action:
Roll Call -Vote Requirement—
....................................................................................................................................................................................................................................................................................................................................
.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scottie Ard, Supervisor
SECONDER: Dave Ostness, Supervisor
AYES: Schachtner, Anderson, Leaf, Koch, Hall, Berning, Ottino, Feidler, Ostness, Counter,
Hansen, Ard, Tellijohn, Peterson, Anderson, Achterhof, Tomtschik, Peavey
ABSENT: Bob Long
This Resolution was Adopted by the St. Croix County Board of Supervisors on July 7, 2020
Cindy Campbell, County Clerk
ST. R 1X.
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T. C'l OI C'(: UN 1'A JI� OF
PROCLAMATION ION �.EC LARII` G A
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W>1#EREA , on June°, 213 and 29, 2020, harts of St, Croix County received over seven inches
of rain causing flooding across the eoulaty, which causcd roads to Nvash orrt, including State
Trunk lhighway 63, t.J„S, Flighwaay 12, and several othea°county and town roads; and
WIII+;REA , it is necessary Parr tit. Croix Comity to declare a state of emc;rgency as the rain
has car►sed flooding and washed out roads creating a disaster; and
'VWltIEREAS, Wis. Stat. § 32111 empowers a governing body of as local unit of government
to declare as local state of emergency whenever conditions arise la}r reason of' riot or civil
commotion, a disaster, or an imminent threat ol`a disaster, that impairs transportation, food
01® 111cl srr.laPlies, Medical caare, fire, health or police protection, or other critical systems of the
local unit of government, The period of tine caaaergency shall be limited by the ordinance or
resolution to th.c time during which the einergenc.y conditions exist or are likely to exist; and
''I-11FREA , pursuant to Wis. Stat. § 323.14(4)(aa), the emergency power of the governing
body includes the general authority to order,by ordinance or resolution, whatever is necessary
and expedient for the health, saall ty, protection, and welfare of"persons and property within
the local unit of government ira the emergency and includes the power to bar, restrict, or
remove all unnecessary traaff1c, both vehicular and pedestrian, from the highways„
notwithstanding any provision of`Wis. Stat. C"hs. 341 to 349; and
WHEREAS, pursuant, to Wis, StuL § 323,14(4)(b), if, because of the emergency conditions,
(lie governing body of the local unit cal' government is unable to erect promptly, the chief'
execrative of'licer 01` acting chief executive officer of any local Urait Of t�!,cave I'll n-rerat; shall
exercise by proclaarnation all of the powers conl`crrcd upon the governing body under Wis,
Stat. §§ 32114(4)(a1) or 323.1 1 that appear necessary and expedient. The proclamation shall
be sublcet to ratification, alteration, modification, or repeal by the governing body as soon as
that body can r11eet, bUt the subsequent action taken by the governing body shall not af&ect.
the prior validity of the proclamation.
NC,}'UW, "1'I-iw1+,REFORE BE FF PROCLAIMED, by the St. Croix County l3oard Chair that a
local state: ol'ernergency now exists throughOUt St. Croix County; and
IT IS FURTHER IN'XtOCTAIMl+D ANI) ORDERED,by (lie St, Croix County Berard Chair
that during the existence of'said local emergency, the powers, functions and duties of dais
County shall be pursuant to this Proclaarnatican, and as prescribed by `Mate law, and by
ordinances and resolutions of this Comity; and
EXHIBIT"
IT IS FURTHER PROCLAIMED AND ORDERED, by the St. Croix County Board
Chair, acting under the powers granted pursuant to Wis. Stat. § 323.14(4)(b), that St. Croix
County, including but not limited to the St. Croix County Sheriff's Office, shall do whatever
is necessary and expedient for the health, safety, protection, and welfare of persons and
property within the local unit of government in the emergency and includes the power to bar,
restrict, or remove all unnecessary traffic, both vehicular and pedestrian, from the highways,
notwithstanding any provision of Wis. Stat. Chs. 341 to 349.
Adopted this 29"' day of June, 2020.
David Peterson
St. Croix County Board Chair