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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: Page 2 of 6 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 Page 3of6 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. Page 4of6 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 Page 5of6 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 Page 6 of 6 Resolution No. 2020-067-3465