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HomeMy WebLinkAbout2020-136-3533 - COVID-19 Meeting Rules - Adopted (1)RESOLUTION NO. 2020-136-3533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING RULES AND PROCEDURES FOR CITY OF MIAMI GARDENS MEETINGS AS OUTLINED ON EXHIBIT “A” ATTACHED HERETO, IN THE EVENT THAT GOVERNOR DESANTIS DOES NOT EXTEND EMERGENCY ORDER 20-69; AUTHORIZING THE CITY MANAGER, CITY CLERK AND CITY ATTORNEY 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 Health 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, the Governor has extended Executive Order 20-69 multiple times with the last extension ending on September 30, 2020, and Page 2 of 3 Resolution No. 2020-136-3533 WHEREAS, in the event the Governor does not extend Executive Order 20-69, 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 amended 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 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: APPROVAL OF PROCEDURES: In the event that Governor Desantis does not extend Executive Order 20-69, the City will conduct meetings as outlined in Exhibit “A” attached hereto. 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 SEPTEMBER 23, 2020. ________________________________ OLIVER GILBERT, III, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: MARIO BATAILLE, CMC, CITY CLERK Moved by: Vice Mayor Harris Seconded by: Councilman Leon VOTE: 7-0 Page 3 of 3 Resolution No. 2020-136-3533 Mayor Gilbert Yes Vice Mayor/Councilman Harris Yes Councilwoman Campbell Yes Councilman Leon Yes Councilwoman Wilson Yes Councilman Williams Jr. Yes Councilman Stephens, III Yes Rules of Procedures for Meetings of the City Council These rules are adopted to establish procedures for meetings of the City Council while the City remains under a declared State of Emergency due to the Coronavirus/COVID-19 pandemic and are consistent with social distancing recommendations intended to protect the life and safety of individuals in the community. City Hall remains closed to the public but exception will be made for the allowance of one individual at a time to enter Council Chambers in order to address the City Council during the Open Public Comment portion of the City Council meeting, on a particular item, or during a quasi-judicial public hearing. Platform: The City Council meeting will be streamed on the City website via the Agenda Web Portal at https://miamigardens.civicweb.net/Portal/Video.aspx and YouTube Live. Zoom will be available as an additional means for public participation. Notice: City Council meetings will continue to be noticed in the same manner and at the same locations as all City Council meetings are noticed (including mailed notice, as may be required by the City Code or Zoning Code). The Zoom credentials (along with instructions), for public participation, will be published on the City Council agenda and will be included 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 City Hall will be closed to the public except for the allowance of one individual at a time in order to address the City Council during the Open Public Comment portion of the City Council meeting, on a particular item, or during a quasi-judicial public hearing. STAFF/PUBLIC PARTICIPATION: The only individuals that will be present physically at all time during these City Council Meetings are the Mayor, City Council, Charter Officers, Deputy City Manager, Deputy City Clerk, Assistant City Attorney, and a I.T. support staff members Members of City staff presenting an item on the agenda should enter the Council chambers one at a time to present the item and promptly exit the chambers after the presentation is complete. The public may comment on any item on the agenda using the Zoom platform. The public may also address the City Council in person. A member of the public who wish to address the City Council in person should pre-register emailing the City Clerk (mbataille@miamigardens-fl.gov) at least one hour prior to the beginning of the City Council meeting, indicating the subject matter or public hearing item he/she wishes to speak on. Once the person arrives at City Hall, he/she must check in with a City representative and undergo screening which will include a temperature and symptom check. He/she shall then proceed to wait in his/her car or outdoors (while wearing a facial covering/mask and maintaining 6-feet of separation from others). When the item the person wishes to speak on is called, the individual will be notified via text message, and the individual will be escorted to City Council chambers. In accordance with applicable emergency orders, once the individual has addressed the City Council, he/she shall promptly exit the building and will be escorted out by a City representative. A facial covering/mask must be worn at all times. If an individual wishes to speak on more than one public hearing item, he/she must wait in the car or outdoors, as described above, until the next public hearing item is called and shall then follow the same process for the additional item(s). In addition, the public may provide public comment prior to the meeting by emailing the City Clerk at mbataille@miamigardens-fl.gov. The Mayor will allow for public comment in person and through Zoom during public comment and during public hearing items. In addition, they Mayor will request that the City Clerk read any public comments received via email. As Chair of the City Council, the Mayor may exercise his or her authority to limit the length of time provided to an individual for public comment. In addition, the Mayor may preserve decorum and order. 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. Quasi-Judicial Hearings: An applicant or applicant’s representative presenting an application may remain in the City Council Chambers throughout the entire quasi-judicial hearing on the item in order to be able to direct and cross examine witnesses and to answer any questions that may arise. One witness may be present at a time and shall be sworn in prior to providing testimony. All witnesses who appear in person shall follow the procedure detailed above. Any witness that is not present and wishes to provide 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. In addition, comments to be considered during the hearing may be provided prior to the beginning of the meeting by emailing the City Clerk (mbataille@miamigardens-fl.gov) The Mayor will allow for public comment physically and using Zoom after the parties have concluded the presentation of their cases and before a vote is taken. Anyone who wishes to provide public comment in person shall follow the procedure detailed above. As Chair of the City Council, the Mayor may exercise his or her authority to limit the length of time provided to an individual for public comment. In addition, the Mayor may preserve decorum and order. 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 and a recording of the meeting will be kept as customary.