HomeMy WebLinkAbout2020-067-3465 Quasi-Judicial Hearings Rules for Virtual Meetings RESOLUTION NO. 2020-067-3465
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ADOPTING RULES AND
PROCEDURES FOR CITY OF MIAMI GARDENS QUASI-
JUDICIAL HEARINGS CONDUCTED THROUGH
COMMUNICATIONS MEDIA TECHNOLOGY, NUNC PRO
TUNC, TO MAY 1, 2020; AUTHORIZING THE CITY MANAGER
TO TAKE ANY AND ALL MEASURES REASONABLE AND
NECESSARY TO IMPLEMENT THIS PURPOSE; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on March 1 , 2020, Governor Ron Desantis issued Executive Order
Number 20-51 which declared a Public Heal th Emergency in the state of Florida related
to the Novel Coronavirus Disease 2019 (°COVID-19"), and
WHEREAS, on March 9, 2020, Governor Ron DeSantis promulgated Executive
Order 20-52 and declared a State of Emergency in Florida in response to COVID-19,
and
WHEREAS, on March 11, 2020, under the provisions of law and Sections
252.31-252.60, Florida Statutes, the City of Miami Gardens ("City") City Council ratified
the Declaration of a Local Emergency imposed by Mayor Oliver G. Gilbert, III and
authorized the City Manager, in consultation with the Mayor, to take all necessary
actions consistent with the Declaration of a Local State of Emergency, and
WHEREAS, the threat of COVID-19 persists throughout our community,
therefore posing a significant threat to public health and welfare, and
WHEREAS, the City Council, Code Enforcement Special Master and those
Advisory and Quasi-Judicial Boards created by the City Charter, City Code and the City
Council must convene in order to ensure the continuity of government and the delivery
of essential services, protecting the interests of property owners and preserving the
public health, welfare and safety, and
WHEREAS, on March 20, 2020, Governor DeSantis, by Executive Order
Number 20-69, suspended the effect of Florida Statutes and prior Opinions of the
Florida Attorney General that may require a quorum to be present in person or that may
require a local government body to meet at a specific site, and authorizing local
governments to utilize communications media technology ("CMT"), including telephonic,
video conferencing and anything permissible pursuant to Fla. Sta. § 120.54(5)(b)(2), to
conduct public meetings, and
WHEREAS, on April 29, 2010, Governor DeSantis issued Executive Order
Number 20-112 extending the effective duration of Executive Order Number 20-69
(Local Government Meetings), and
WHEREAS, the City possesses the technology to broadcast its public meetings
to the public, and
WHEREAS, in the interest of the continuity of government, while still providing
meaningful access to the public, and minimizing the health threat to participants the City
has determined that rules of procedure for conducting public meetings, hearings and
workshops using CMT are necessary,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS.-
Section
OLLOWS:Section 1 : ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: SUSPENSION OR AMENDMENT OF CODE PROVISIONS, RULES
AND POLICIES IN CONFLICT: All provisions of the City Charter or City Code that are in
conflict herewith are hereby suspended or amended as set forth below.
Section 3. PLATFORM:
The video conference platform Zoom will be used for all virtual quasi-judicial
hearings. Quasi-Judicial hearings will be held in accordance with the aforementioned
Executive Orders and State Statutes as well as Sections Chapter 2, Article 2 and
Chapter 2, Article XI of the City Code. The Mayor will chair all quasi-judicial hearings.
The City Clerk shall perform all clerical duties at the public hearings. The Information
Technology Department will provide technical assistance.
Quasi-Judicial hearings of the City Council will be live streamed at
/Portal/Video.aspx. For all quasi-judicial hearings, a dedicated phone line will be
available so that any individual who does not wish (or is unable) to use Zoom may listen
to the hearing via phone.
Section 4. NOTICE:
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Resolution No. 2020-067-3465
Virtual quasi-judicial hearings will be noticed in the same manner and at the
same locations as all quasi-judicial hearings are typically noticed (including mailed
notice or posted notice, as may be required by the City Code or Development Code).
The Zoom conference number (along with instructions) will be published on the agenda
and will be included everywhere that the hearing is noticed. The phone number will also
be included on the agenda and everywhere that the hearing is noticed. Additionally,
instructions on how to provide a comment via e-comment and an email address will be
provided everywhere that the hearing is noticed.
All notices will make clear that City Hall will be closed to the public except for an
area designated for those who wish to testify as part of the hearing but do not have the
ability to remotely participate in the hearing by video conference. All notices will provide
the address and specific location of the area where a computer will be available for
those wishing to testify. Social distancing requirements will be followed.
All notices will provide that any person needing an accommodation in order to
listen to or participate in the hearing should contact Mario Bataille, City Clerk at: 305-
914-9129, TTY/TDD or mbataille@miamigardens-fl.gov.
Section 5. QUASI-JUDICIAL HEARINGS:
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:
Section 6. EXHIBITS.-
For
XHIBITS: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 accordance with Section 2-85(a) of the City Code, in a format that is
easily viewable on the Zoom platform. All exhibits shall be clearly labeled so as to allow
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Resolution No. 2020-067-3465
for efficient retrieval and display on the Zoom platform during the hearing. All exhibits
will be posted online, as is customary.
Section 7. TESTIMONY/PUBLIC PARTICIPATION:
A list of all individuals who will be called as witnesses by any party during the
hearings, shall be provided to the City Clerk liaison, five (5) business days prior to the
hearing. At the beginning of the hearing, the City Clerk liaison shall call each witness by
name, one-by-one, in order to swear each person in. (There will not be a mass swearing
in of witnesses). 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 witnessses on
the list are sworn in and prior to the beginning of the hearing. All witnesses providing
testimony must appear by video conference. A computer with Zoom capabilities will be
available for those that wish to testify as part of the hearing but do not have the ability to
remotely participate in the hearing by video conference. The location of said computer
will be specified in the notice of the hearing. 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 hearing by emailing the City Clerk at mbataille@miamigardens-
fl.gov.
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. The Mayor will
also allow for cross examination of witnesses as requested by parties to the proceeding.
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 quasi-judicial board may rely, except that they may be
considered if they support sworn testimony that is considered competent substantial
evidence. The Mayor will also provide an opportunity for Councilmembers to make any
Jennings disclosures.
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Resolution No. 2020-067-3465
The Mayor may exercise his 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 Chapter 2, Division 2 of the City Code.
A phone number and email address will be provided for individuals who may
have questions on how to access the hearing or participate in the hearing, prior to the
date of the hearing. A City employee will be present during the hearing at the location of
the computer to assist the public with its use.
Section 8. MINUTES:
Minutes, a transcript, and/or recording of the hearing will be kept as customary.
Section 9: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby adopts Rules and Procedures for City of Miami Gardens Quasi-Judicial Hearings
conducted through Communications Media Technology, NUNC PRO TUNC, to May 1 ,
2020 and authorizes the City Manager to take any and all measures reasonable and
necessary to implement this purpose
Section 10: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JUNEr, 020.
,i
OLIVER�GILBERT, III, MAYOR
ATTEST:
MARIO BATAILLE, CMC,'CITY CLERK
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Resolution No. 2020-067-3465
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA DICKENTS, CITY ATTORNEY
Moved by: Councilman Reggie Leon
Seconded by: Vice Mayor Rodney Harris
VOTE: 7-0
Mayor Gilbert Yes
Vice Mayor Rodney Harris Yes
Councilman Erhabor Ighodaro, PHD Yes
Councilwoman Lillie Q. Odom Yes
Councilman Reggie Leon Yes
Councilman David Williams Jr. Yes
Councilwoman Reggie Wilson Yes
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Resolution No. 2020-067-3465