HomeMy WebLinkAboutReso 2020-3070 RESOLUTION NO. 2020 - 30/0
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA,IN ACCORDANCE WITH THE FLORIDA GOVERNOR'S
EXECUTIVE ORDER 20-69, ADOPTING RULES OF PROCEDURE
FOR VIRTUAL QUASI JUDICIAL MEETINGS THAT TAKE PLACE
DURING THE PENDENCY OF THE STATE OF EMERGENCY
DECLARED IN FLORIDA GOVERNOR'S EXECUTIVE ORDER 20-
52; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,it is well established in opinions issued by the Florida Attorney General that
in order to establish a quorum,the requisite number of members must be physically present in the
room and, that if a quorum is physically present, the participation of an absent member by
telephone/video is permissible due to extraordinary circumstances;and
WHEREAS, the Center for Disease Control and Prevention has advised that in order to
slow the spread of the Coronavirus/COVID-19, individuals should adopt far-reaching social
distancing measures; and
WHEREAS, finding it necessary and appropriate to take action to ensure that
Coronavirus/COVID-19 remains controlled and that residents and visitors in Florida remain safe
and secure, on March 20, 2020, the Governor of the State of Florida issued Executive Order No.
20-69 ("Order") suspending any Florida Statute, "that requires a quorum to be present in
person or requires a local government body to meet at a specific public place"; and
WHEREAS, the Order also expressly permits local government bodies to utilize
communications media technology, such as telephonic and video conferencing, as provided
in Florida Statute 120.54(5)(b)(2); and
WHEREAS, the Eleventh Judicial Circuit of Florida is holding virtual evidentiary
hearings where sworn testimony is taken, as set forth in Administrative Order 20-05 and 20-
07, and the Florida Supreme Court has issued Administrative Order 20-23 allowing for court
proceedings using electronic means; and
WHEREAS, certain pending quasi-judicial items may need to proceed prior to when in-
person meetings are permitted; and
WHEREAS, the Order does not waive any other requirement under the Florida
Constitution or"Florida's Government in the Sunshine Law," including Florida Statutes Chapter
286; and
WHEREAS,the Order requires that local government bodies adopt rules of procedure
for virtual meetings,in accordance with Florida Statute 120.54(5)(b)(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Sectionl. Incorporation of Recitals. The foregoing recitals are hereby ratified and confirmed
by the City Commission and are incorporated herein by this reference.
R2020 Adopt Virtual Quasi-Judicial Procedures Page 1 of 2
Section 2. Adoption of Rules of Procedure for Virtual Quasi-Judicial Meetings. In accordance
with the Order, Chapter 252, F.S., and Section 120.54, F.S., the City Commission hereby adopts
the Rules of Procedure attached hereto as Exhibit "A" for virtual quasi-judicial meetings of the
City Commission that take place during the pendency of the state of emergency declared in the
Governor's Executive Order 20-52. The City Attorney is authorized to make changes to the
rules, consistent with the Commission's intent and in order to comply with best practices, as they
are developed.
Section 3. Effective Date. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 18th u ay o f June 2020.
George H. Scholl, Mayor
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Ma.ricio B•tancur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGALCIENCY
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ward A. Dion, City Attorney
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Vote:
Mayor Scholl I (Yes) (No)
Vice Mayor Svechin V (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama --(Yes) (No)
Commissioner Viscarra ✓ (Yes) (No)
R2020 Adopt Virtual Quasi-Judicial Procedures Page 2 of 2
RULES OF PROCEDURES FOR QUASI-JUDICIAL
VIRTUAL MEETINGS
OF THE SUNNY ISLES BEACH CITY COMMISSION
(CORONAVIRUS/COVID-19)
These rules are adopted in accordance with the Florida Governor's Executive Order 20-69, Florida
Statutes Chapter 252, and § 120.54(5)(b)(2) in order to provide for quasi-judicial virtual meetings
of the City Commission. This action is taken in response to the Coronavirus/COVID-19 pandemic,
in order to comply with social distancing recommendations intended to protect the life and safety
of individuals in the community, while ensuring that quasi-judicial matters may be heard.
Accordingly,Commission Chambers will be closed to the public except as provided below.
PLATFORM:
The video conference platform Zoom will be used for virtual quasi-judicial meetings. The City
already has a subscription with Zoom, it is the platform used by the City Clerk for live remote
public comments during traditional City Commission meetings, and it is the platform used by the
City Commission for virtual City Commission meetings. In accordance with Section 67-3 of the
City Code, the Mayor acts as the Chair of the City Commission for the purpose of conducting the
quasi-judicial virtual hearing. Therefore, the Mayor will administer the meeting, with technical
assistance from the City Clerk and the Media Division.
For quasi-judicial meetings of the City Commission, video of the virtual meeting will be live-
streamed on the City's website at: https://www.sibfl.net/city-hall/webcasting/ and on City of
Sunny Isles Beach Television (SIBTV).Additionally,a Zoom conference number will be available
so that any individual who does not wish(or is unable)to use Zoom video conference may listen to
and participate in the meeting via phone.
NOTICE:
Virtual quasi-judicial meetings will be noticed in the same manner and at the same locations as all
quasi-judicial meetings are typically noticed (including mailed notice, as may be required by the
City Code). The Zoom conference number (along with instructions) will be published on the
agenda and will be included everywhere that the meeting is noticed. The Zoom conference number
will also be included on the agenda and everywhere that the meeting is noticed. Additionally,
instructions on how to provide a comment via e-comment and an email address will be provided
everywhere that the meeting is noticed.
All notices will make clear that Commission Chambers will be closed to the public.
All notices will provide that any person needing an accommodation in order to listen to or
participate in the meeting should contact the City Clerk at 305-792-1703, TTY 305-792-1589 no
later than 48 hours prior to the proceedings.
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OUASI-JUDICIAL HEARING:
Virtual quasi-judicial hearings shall be conducted in the same manner as traditional quasi-judicial
hearings with the following stipulations that account for the virtual nature of the hearing:
Exhibits:
For all quasi-judicial hearings except appeals, a list of all proposed exhibits and a copy of the
proposed exhibits shall be provided to the City Clerk, five (5)days prior to the hearing, in a format
that is easily viewable on the Zoom platform. All exhibits shall be clearly labeled so as to allow
for efficient retrieval and display on the Zoom platform during the hearing. All exhibits will be
posted online.
Testimony/Public Participation:
A list of all individuals who will be called as witnesses during the hearings, shall be provided to
the City Clerk, five (5) days prior to the hearing. At the beginning of the hearing, the City Clerk
shall call each witness by name, one-by-one, in order to swear each person in. Any witness who
wishes to testify during the hearing and is not included in the previously provided witness list, shall
be sworn in after all witnesses on the list are sworn in, and prior to testifying. All witnesses
providing testimony must appear by video conference. The City Clerk shall administer the oath
to any individual who is appearing by video conference and shall establish the identity of the
witness on the record as well as the witness's consent for the hearing to be recorded.
In addition, comments to be considered during the hearing may be provided prior to the beginning
of the meeting, using the City's already-established e-comment function which may be found on
the City's website at: https://sunnyislesfl.seamlessdocs.com/f/Public_Comment_Card or by
emailing CityClerk@sibfl.net.
The Mayor will allow for public comment using Zoom after the parties have concluded the
presentation of their cases and before a vote is taken. In addition, the Mayor will request that the
City Clerk read any e-comments or emails sent about the matter that is the subject of the hearing
into the record. However, those comments standing alone are not sworn and do not qualify as
competent substantial evidence on which the City Commission may rely, except that they may be
considered if they support sworn testimony that is considered competent substantial evidence.
The Mayor may exercise his authority to limit the length of time provided to an individual for
public comment. In addition, the Mayor may preserve decorum and order in accordance with
Section 74-21 of the City Code.
A phone number and email address will be provided for individuals who may have questions on
how to access the meeting or participate in the meeting, prior to the date of the meeting.
MINUTES:
Minutes, a transcript, and/or recording of the meeting will be kept as customary.
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