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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 ATb E'. : i I vivieF: .,_"q I Ma.ricio B•tancur, CMC, City Clerk APPROVED AS TO FORM AND LEGALCIENCY 4, ward A. Dion, City Attorney 1f _^ 'I � \JMkMoved b : V let 0e- � IJ Seconded b : to1512 Y Y 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. 1 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. 2