HomeMy WebLinkAboutR-20-06 Public Meeting COVID-19 ProceduresRESOLUTION 20-06
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO EMERGENCY
MANAGEMENT, COVID-19 — LOCAL GOVERNMENT PUBLIC
MEETINGS QUORUM, PROCEDURES AND OTHER MATTERS;
PROVIDING FOR SEVERABILITY ; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on March 1, 2020, Florida Governor DeSantis issued Executive Order (EO) 20-51
directing the Florida Department of Health to issue a Public Health Emergency as a result of
COVID-19; and
WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a
Public Health Emergency exists in the State of Florida as a result of COVID-19; and
WHEREAS, on March 9, 2020, Florida Governor DeSantis issued EO 20-52 declaring a state of
emergency for the entire State of Florida as a result of COVID-19; and
WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising
individuals to adopt far-reaching social distancing measures, such as working from home and
avoiding gatherings of more than ten (10) people; and
WHEREAS, on March 17, 2020, Florida Governor DeSantis wrote a letter to Attorney General
Ashley Moody seeking an advisory opinion regarding concerns raised by local government
bodies about their ability to hold meetings through teleconferencing and other technological
means in order to protect the public and follow the CDC guidance regarding social distancing;
and
WHEREAS on March 17, 2020, Indian River County declared a local state of emergency exists
in all of Indian River County; and
WHEREAS on March 17, 2020, City of Sebastian declared a local state of emergency exists in
all of the City of Sebastian; and
WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion to
Governor DeSantis indicating that certain provisions of Florida law require a physical quorum be
present for local government bodies to conduct official business, and that local government
bodies may only conduct meetings by teleconferencing or other technological means if either a
statute permits a quorum to be present by means other than in person, or that the in person
requirement for constituting a quorum is lawfully suspended during the state of emergency; and
City of Sebastian, Florida
Resolution 20-06
Re: Emergency Management, COVID-19—Local Government Public Meetings Quorum &
Procedures
WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains
controlled, and that residents and visitors in Florida remain safe and secure; and
WHEREAS, on March 20, 2020, Governor Ron DeSantis issued Executive Order No. 20-69,
stating that municipalities may conduct meetings of their governing boards without having a
quorum of its members present physically or at any specific location, and utilizing
communications media technology (CMT) such as telephonic or video conferencing, as provided
by Section 120.54 (5) (b) 2, Florida Statutes; and
WHEREAS, the Executive Order further authorizes the City of Sebastian City Council to utilize
CMT, such as telephonic and video conferencing, as provided in Section 120.54 (5) (b) (2), F.S.,
to conduct a public meeting;
WHEREAS, the City of Sebastian City Council desires to conduct a meeting consistent with the
Order, fully compliant with the Sunshine Law, and to provide the utmost transparency and
opportunity for public access and participation while ensuring that all necessary and appropriate
steps are taken to protect the health, safety and welfare of the citizens and residents of the City of
Sebastian; and
WHEREAS, on May 8, Governor DeSantis issued Executive Order 20-114, which extends both
Executive Order 20-52 (Initial Declaration of Emergency) and EO 20-69 (executive order
relating to local government public meetings/communication media technology [CMT]) for 60
days through July 7.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, pursuant to EO 20-69, dated
March 20, 2020, the authority set forth in Ch. 252, F.S., and all other applicable laws, hereby
adopts the following procedures for City Council meetings utilizing CMT:
SECTION 1. The City of Sebastian wishes to establish procedures by which public CMT
meetings shall be held pursuant to the Executive Order referenced above under the following
procedures in SECTION 4 and adopts same which shall take immediate effect.
SECTION 2. Notice for all "'CMT" public meetings of the City Council shall he prepared and
posted in accordance with Section 120.54 (5) (b) (2), F.S., and Ch. 28-109, F.A.C., along with
the City's Code of Ordinances and other applicable local and state law.
SECTION 3. Members of the City Council and City staff may attend meetings remotely
utilizing CMT. The City's MIS Department shall assist to ensure that all members of the City
Council and necessary City staff, as determined by the City Manager, have access to the City
Council meeting. Pursuant to the EO 20-69, a physical quorum of the City Council is not legally
21PaFr
City of Sebastian, Florida
Resolution 20.06
Re: Emergency Management, COVID-19— Local Government Public Meetings Quorum &
Procedures
required to hold a meeting and conduct official business. In the event that a physical quorum is
not present, a quorum utilizing CMT shall be required in order to hold a meeting and conduct
official business.
SECTION 4. The following are procedures for CMT public meetings held by the City of
Sebastian until the expiration of the Executive Order issued by Florida Governor DeSantis:
A. The meeting's published notice shall indicate the meeting is a CMT public meeting.
B. The City shall post procedures for CMT public meetings on the City's website,
www.citvofsebastian.ore.
C. Broadcast Live. All CMT public meetings will be broadcasted live on the following:
1. Comeast Channel 25;
2. City's website (www citvolsebastian.ora/livel;
3. Facebook(httos://wa•w.facebuuk.wmfeitvofsebastiawlive);
4. UStream hu s://vidw.ibm.wmichmiicPchannel25); and
5. Youtube (httus"'www voutubc wm/sebusliaufioridwlive).
D. To participate in any published notice "CMT" Quasi -Judicial public meeting:
I. Either appear in -person (consistent with Governor DeSantis Executive Orders 20-52
and 20-112) OR
2. Contact the City of Sebastian at either cosh & custv.citvutscbr tian.com or 772-388-8226
to register to participate by video. Anyone wanting to use this method will need to
contact the city by a specific time and date prior to the hearing (See Published Notice). If
you are sending an email to cosivStucostv.citvof'sebastian.com, please include your name,
phone number and your email address so that we can contact you, if needed.
E. To participate in any other parts of the "CMT" public meeting, members of the public
can use any of the following methods:
1. Maximum Density as allowed by the Governor DeSantis Executive Orders. The City
urges members of the public to remain at home and practice social distancing. Public
meetings are not required to be held in a physical location if alternative methods allow
public participation and observation.
31t'age
City of Sebastian, Florida
Resolution 20-06
Re: Emergency Management, COV ID-19 — Local Government Public Meetings Quorum &
Procedures
a. All City Council meetings will be conducted in accordance with the Governor
DeSantis Executive Orders and CDC Guidelines.
b. Thus, members of the public that want to be heard during a "CMT' public meeting
will be brought into the chambers while maintaining recommended social distancing
guidelines and occupancy requirements.
c. Additionally, no one will be permitted to sit in the Atrium lobby to watch the meeting
on the television.
d. Also, seating will be available outside of the city hall in the courtyard with a
television and sound. The seating will be set out following the recommended
guidelines staled by the CDC and executive orders.
e. At all times, members of the public must strictly adhere to EO 20-112 and must keep
the appropriate social distancing of a minimum of six (6) feel at all times in any
public space.
2. Zoom Webinar. The webinar information will be included with the Agenda.
a. This will include the webinar ID and any other information that will be needed to join
the webinar as an attendee. This information will also be available with the meeting
agenda
b. Attendees may be allowed to speak, if council permits, by RAISEing their hands (via
the app or by pressing *9 while dialed in) and then waiting for permission to speak.
Instruction on how to raise hands will be available on-line. Additional instructions
may be posted, as needed.
F. If an individual decides to appeal any decision made by the City Council with respect to any
matter considered at this meeting, a record of the proceedings will be required, and the individual
will need to ensure that a verbatim transcript of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is based (Section 286.0105, Florida Statutes).
Such person must provide a method for recording the proceedings verbatim.
G. In compliance with the Americans with Disabilities Act (ADA), persons needing special
accommodations for this meeting shall, at least forty-eight (48) hours in advance of the meeting,
contact the City's ADA Coordinator at (772) 589-5330 x8222. Hearing Assistance Headphones
are available in the Council Chambers for all public meetings. People with personal hearing aids
may have the ability to connect to the T-Coil installed in the chamber.
41�,.gr
City of Sebastian, Florida
Resolution 20-06
Re: Emergency Management, COVID-19 — Local Government Public Meetings Quorum &
Procedures
SECTION 5. In accordance with EO 20-52, the City Council waives the procedures and
formalities otherwise required of political subdivisions by law and under Section 252, Florida
Statutes, and delegates such authority to the City Manager during the COVID-19 Emergency
pertaining to:
1. Performance of public work and taking whatever action is necessary to ensure the health,
safety and welfare of the community;
2. Entering into contracts;
3. Inuring obligations;
4. Employment of permanent and temporary workers;
5. Utilization of volunteer workers;
6. Rental of equipment;
7. Acquisition and distribution, with or without compensation of supplies, materials and
facilities; and
8. Appropriation and expenditures of public funds.
SECTION 6. PROVIDING FOR SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional,
the remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the remainder of
this Resolution without said invalid or unconstitutional provision, thereby causing said remainder
to remain in full force and effect.
SECTION 6. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized
by the City Manager, or the City Manager's designee, without need of further action of the City
Council by filing a corrected copy of same with the City Clerk.
SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its
adoption.
The foregoing Resolution was moved for adoption by Councilmember Gilliams. The motion
was seconded by Councilmember Parris and, upon being put into a vote, the vote
was as follows:
Mayor Ed Dodd
aye
Vice -Mayor Charles Mauti
aye
Councilmember Jim Hill
aye
Councilmember Pamela Parris
aye
Councilmember Damien Gilliams
aye
5IPa Re
City of Sebastian, Florida
Resolution 20-06
Re: Emergency Management, COVID-19— Local Government Public Meetings Quorum &
Procedures
The Mayor thereupon declared this Resolution duly passed and adopted on this 10 day of May
2020.
ATTEST:
} f 1AJJ
eanette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
By: !.- f-
Ed Dodd, Mayor
Approved as to form and legality for the
reliance by the City of tian not
anny on, Jr., Ci ttomey __---
611 , t:,,
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-69
(Emergency Management — COVID-19— Local Government Public Meetings)
WHEREAS, on March 1, 2020. 1 issued Executive Order 20-51 directing the Florida
Department of Health to issue a Public Health Emergency us a result of COVID-19: and
WHEREAS, on March 1, 2020. the State Surgeon General and State Health Officer
declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and
WHEREAS, on March 9, 2020, 1 issued Executive Order 20-52 declaring a state of
emergency for the entire State of Florida as a result of COVID-19: and
WHEREAS, on March 16, 2020. President Donald J. Trump and the Centers for Disease
Control and Prevention ("CDC') issued the " 15 Days to Slow the Spread" guidance advising
individuals to adopt lar-reaching social distancing measures. such as working from home and
avoiding gatherings of more than 10 people; and
WHEREAS, on March 17. 2020, 1 "Tole a letter to Attorney General Ashley Moody
seeking an advisory opinion regarding concerns raised by local government bodies about their
ability to hold meetings through teleconferencing and other technological means in order to protect
the public and follow the CDC guidance regarding social distancing; and
WHEREAS, on March 19. 2020, Attorney General Ashley Moody delivered an opinion
to me indicating thm certain provisions of Florida law require a physical quorum be present for
local government bodies to conduct official business. and that local government bodies may only
conduct meetings by teleconferencing or other technological means it either a statute permits a
quorum to be present by means other than in person, or that the in person requirement for
constituting a quorum is lawfully suspended during the state of emergency: and
WHEREAS. it is necessar) and appropriate to take action to ensure that COVID-19
remains controlled. and that residents and visitors in Florida remain safe and secure:
NOW, THEREFORE, 1, RON DESANTIS. as Governor of Florida, by virtue of the
authority vested in me by Article IV, Section (I)ta) of Are Florida Constitution, Chapter 252.
Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take
immediate effect:
Section I. I hereby suspend 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.
Section 2. Local government bodies may utilize communications media technology,
such as telephonic and video eonferencing, as provided in section 120.54(5)(b)2.. Florida Statutes.
Section 3. This Executive Order does not waive may other requirement under the
Florida Constitution and "Florida's Government in the Sunshine Laws." including Chapter 286.
Ronda Statutes.
Section 4. This Executive Order shall expire at the expiration of Executive Order 20-
52, including any extension.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and caused the Great Seal of the
State of Florida to be at fixed. at Tallahassee. this
20th da� of March, 21121�/�
/;z
RON DESANTIS, GOVERNOR
A'I'I ES,t:: J�
:SiiCRETARY OF STATE
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-114
(Emergency Management —Extension ofExecuthPe Order2"2—C'O\qD-19)
WHEREAS, on March I. 2020, 1 issued Executive Order 20-51. directing the Florida
Department of Health to issue a Public Health Emergency due to COVID-19: and
WHEREAS, on March 9. 2020, 1 issued Executive Order 20-52. declaring a state of
emergency for the entire state due to COVID-19: and
WHEREAS, on March 25. 2020, President Donald I. trump approved my request and
declared a Major Disaster due to COVID-19 in Florida: and
WHEREAS, on April 29.2020, after consulting with my Task Force to Re -Open Florida.
I issued Executive Order 20-112. my "Phase 1: Safe. Smart. Step -by -Step. Plan for Florida's
Recovery": and
WHEREAS, 1, as Governor of Florida, am committed to providing all available resources
and assisting all Floridians and our local communities with their efforts: and
WHEREAS, no state of emergency declared pursuant to the Florida Lmergency
Management Act may continue for more than 60 days unless renewed by the Governor: and
WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety
and welfare of the State of Florida and its residents.
NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the
authority vested in me by Article W. Section I(a) of the Florida Constitution and by the Florida
Emergency Management Acl. as amended, and all other applicable laws, promulgate the following
Executive Order. to take immediate eftcct:
Section 1. Thesmteofemercenev declared in Executive Order20-52, willbeextended
for 60 days following the issuance of this order for the entire State of Florida.
Section 2. To the extent Executive Order 20.112. Phase 1: Safe. Smart. Step -by -Step.
Plan for Florida's Recoven.. amended or extended any executive order related to COVID-19, the
referenced executive orders shall remain in effect. as modified.
5 ction 3. All actions taken by the Director of the Division of Emergency
Manaeement as the State Coordinating Officer with respect to this emergency before the issuance
of this Executive Order are ratified, and he is directed to continue to execute the State's
Comprehensive Emergency Management Plan and other response. recovers. and mitigation plans
necessary to cope With the emergency.
Section 4. Except as amended herein. Ixecutive Order 20.52 is ratified and
reaffirmed.
IN 'rESTIMONV WHEREOF. I have hereunto
set my hand and caused the Great Seal of the
State of Florida to be affixed. at Tallahassee.
P
of May. 20120.
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