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HomeMy WebLinkAboutReso 2020-3128RESOLUTION NO. 2020 - 1)12-g A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING RULES OF PROCEDURE FOR HYBRID MEETINGS OF THE CITY COMMISSION AND CITY BOARDS THAT TAKE PLACE DURING THE PENDENCY OF THE STATE OF EMERGENCY DUE TO THE CORONAVIRUS/COVID-19 PANDEMIC; AND PROVIDING FOR AN EFFECTIVE DATE. 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 section 120.54(5)(b)(2), F.S.; and WHEREAS, the Order does not waive any other requirement under the Florida Constitution or "Florida's Government in the Sunshine Law," including Chapter 286, F.S.; and WHEREAS, the Order requires that local government bodies adopt rules of procedure for virtual meetings, in accordance with section 120.54(5)(b)(2), F.S.; and WHEREAS, the City Commission finds that if a member of the City Commission feels unsafe attending the Commission meeting in person due to the risks associated with the Coronavirus/COVID-19 pandemic, and instead wishes to attend the meeting virtually or telephonically, that is considered an "extraordinary circumstance" thereby allowing the member to attend the meeting in that fashion so long as there is a physical quorum present in the room; and WHEREAS, the Order (as amended) is set to expire on November 1 st and if it is not extended by the Governor, it will require the City Commission to meet in person with a quorum present in the room; and WHEREAS, the City Commission wishes to adopt Rules of Procedure for hybrid meetings of the City Commission and other City boards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Adopting Procedures. That 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 hybrid City Commission and board meetings 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. 82020 Hybrid Meetings Procedures Pagel of 2 Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of Octo r 20 0. 1 f,. George . Scholl, Mayor AT ES � icio'Bet*cur, CMC, City Clerk TO FORM S F-WIENCY: , ,.,Edward A. Dion; City Attorney Moved by: �VVIo(c4WNer- Q-W(ft� Seconded by: C6AkMtC-eA'0NC-IC—t-�Va Vote: Mayor Scholl v1 (Yes) (No) Vice Mayor Svechin —(Yes) (No) Commissioner Goldman -(Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra —(Yes) (No) 82020 Hybrid Meetings Procedures Page 2 of 2 vNNY RS[ aks F�8 City of Sunny Isles Beach n 18070 Collins Avenue u Sunny Isles Beach, Florida 33160 ASB CAy' F �o`�qo 5w� (305) 947-066 Ci 306) 949-3113 Fax Hall Ty OR 54N h� MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Edward A. Dion, City Attorney DATE: 10/15/2020 RE: Adopting Rules of Procedure for Hybrid Meetings RECOMMENDATION: This Resolution is presented for your consideration. REASONS: On March 9, 2020, the Governor of the State of Florida issued Executive Order No. 20-52, declaring a state of emergency for the entire State of Florida. Said order was issued in response to the COVID-19 emergency. Recognizing the need for a local government body to meet while still adhering to principles of social distancing, on March 20, 2020, the Governor issued Executive Order No. 20-69, suspending the in-person quorum requirement and expressly allowing for local government bodies to utilize telephonic/video conferencing to hold meetings. Executive Order No. 20-69 has been extended numerous times and is currently set to expire on November 1st. In light of the impending expiration of Executive Order No. 20-69, the proposed procedural rules are established for hybrid meetings/hearings of the City Commission (in both its legislative and quasi-judicial capacity) as well as for its advisory and quasi-judicial boards, wherein a quorum will be maintained in-person, but the remaining members of the governing body and the public will appear virtually. This resolution ratifies and adopts Rules of Procedure for hybrid meetings/hearings. ATTACHMENTS: Description Resolution Rules of Procedure Item Number: 10.J. RULES OF PROCEDURES FOR HYBRID MEETINGS/HEARINGS OF THE CITY OF SUNNY ISLES BEACH COMMISSION (LEGISLATIVE AND QUASI-JUDICIAL CORONAVIRUS/COVID-19 These rules are established in accordance with Chapter 252 and Section 120.54(5)(b)(2), F.S. These rules are established for hybrid meetings of the City Commission where a quorum of the members of the City Commission is present in the rooms while. applicants and the public attend the meeting virtually. These rules apply to all City Commission meetings and are intended to address both legislative and quasi- judicial items. These rules shall also apply to all City board meetings, including advisory board meetings and quasi-judicial board meetings, who shall be required to meet in person with a quorum present in the room and the public attending virtually. 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. Accordingly, Commission Chambers shall remain closed to the public. The video conference platform Zoom will be used for public participation in hybrid City Commission meetings as it was for virtual City Commission meetings. The City has a subscription with Zoom and it is the platform used by the City Clerk for live remote public comments during traditional 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 Cleric and the Media Division. Video of the meeting occurring in City Commission chambers will be 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. ' While the City remains in a State of Emergency due to the COVID-19 pandemic, the existence of the pandemic is hereby determined to constitute an "extraordinary circumstance." (See AGO 03-41) NOTICE: The hybrid meeting/hearing will be noticed in the same manner and at the same locations as all City Commission meetings/hearings are noticed (including mailed notice, as may be required by the City Code or Zoning Code). The Zoom conference number (along with instructions) will be published on the City Commission agenda and will be included everywhere that the meeting/hearing is noticed. The phone number for phone participation will also be included on the City Commission agenda and everywhere that the meeting/hearing is noticed. Additionally, instructions on how to provide a comment via e -comment and an email address will be provided everywhere that the meeting/hearing is noticed. All notices will make clear that Commission Chambers (and other meetings spaces where advisory or quasi-judicial meetings/hearings may be held) are 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. Members of City staff presenting an item on the agenda will do so virtually via Zoom. The public may comment during the "Open Public Comment" portion of the meeting or on an item on the agenda using the Zoom platform. The public may also comment using the dedicated phone number provided for anyone wishing to comment, via telephone, on an item on the agenda. Members of the public who attend the meeting by phone must keep their line muted at all times, except when acknowledged by the Mayor/Chair to speak on a particular agenda item. 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.seamlessdoes.com/f/Public_Comment_Card or by emailing PublicCommentg,,sibfl.net. Before each item is voted on, the Mayor/Chair will allow for public comment using Zoom or the telephone line provided. When the Mayor/Chair acknowledges those on the phone line that wish to speak, only one individual will be permitted to speak at a time. In addition, the Mayor/Chair will request that the City Cleric read any e -comments or emails relating to that particular item into the record. The Mayor/Chair may exercise his or her authority to limit the length of time provided to an 4 individual for public comment. In addition, the Mayor/Chair 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/hearing, prior to the date of the meeting. Hybrid 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 a portion 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/board liaison, five (5) days prior to the hearing, in a format that is easily viewable on the Zoom platform. All exhibits shall be clearly labeled to allow for efficient retrieval and display on the Zoom platform during the hearing. All exhibits will be posted online, as is customary. Testimony/Public Participation: The applicant shall present via Zoom. A list of all individuals who will be called as witnesses during the hearings, shall be provided to the City Clerlc/board liaison, five (5) days prior to the hearing.' At the beginning of the hearing, the City Clerk/board liaison 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 the beginning of the hearing. All witnesses providing testimony must appear by video conference. The City Cleric or court reporter 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 CityClerlc@sibfl.net. The Mayor/Chair 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/Chair will request that the City Clerk or board liaison 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 quasi-judicial board may rely, except that they may be considered if they support sworn testimony that is considered competent substantial evidence. The failure to read a comment shall not have any impact on the validity of the final determination. 3 This requirement shall not apply to objectors at a zoning hearing. The Mayor/Chair may exercise his or her authority to limit the length of time provided to an individual for public comment. In addition, the Mayor/Chair 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/hearing, prior to the date of the meeting. MINUTES Minutes and a recording of the meeting will be kept as customary. 4