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HomeMy Public PortalAboutLTC 160-2020 - EmergencyOrder_VirtualMeetingsBoardsAndCommitteesOFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL NO. 160-2020 To: Mayor Gabriel Groisman and Members of the Village Council From: Jorge M. Gonzalez, Village Manager Date: November 13, 2020 Subject: Amended Emergency Order 12-2020 Virtual Meeting for Village Council, Boards, and Committees The purpose of this Letter to Council (LTC) is to inform you that on November 4, 2020, I signed Bal Harbour Emergency Measure – Update #12-2020 allowing advisory boards and committees of the Village to continue meeting virtually in accordance with Village Order #10-20 “Virtual Meeting Procedures.” The Village has various advisory boards and ad hoc committees comprised of appointed volunteers lending their time and expertise to the Village, and in November, the Village had learned that a quorum of at least one of its advisory boards was unavailable to attend a Board meeting in person due to Board member health concerns regarding COVID-19, but Board members were available to continue to meet virtually. Today, November 13, 2020, upon reviewing rising COVID-19 case numbers and an increasing positivity rate, and having consulted with members of the Council, I have amended the order to include meetings of the Bal Harbour Village Council. This order allows for me, or my designee, to determine how each meeting will be held, and requires that meeting be publicized as to whether it is being held virtually or in person, describing how the public may attend and be heard at each meeting. Attached is a copy of the Amended Update #12-2020 for your review If you have any questions or need any additional information, please feel free to contact me. JMG/Rl BAL HARBOUR - VILLAGE - UPDATE # -20 BAL HARBOUR EMERGENCY MEASURES Amended Virtual Meetings for Village Advisory Boards November 13 2020 (5 PM) WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis issued Executive Order 20-52 declaring a state of emergency throughout the State due to the outbreak of the Coronavirus ("COVID-19"); and WHEREAS, on March 11, 2020 Miami -Dade Mayor Carlos Gimenez issued a Declaration of Emergency addressing the outbreak of COVID-19 as a public health emergency; and WHEREAS, Chapter 252, Florida Statutes, among other things, confers upon the Village the emergency powers provided for in Chapter 252 in order to protect the public peace, health, and safety; and to preserve the lives and property of the people of the state; and to "make, amend, and rescind such orders and rules as are necessary for emergency management purposes and to supplement the carrying out of the provisions of ss. 252.31 -252.90, but which are not inconsistent with any orders or rules adopted by the division or by any state agency exercising a power delegated to it by the Governor or the division." Section 252.46(1), Florida Statutes; and WHEREAS, on March 13, 2020, I, as Village Manager of Bal Harbour Village, promulgated an Emergency Order which, among other requirements, temporarily closed Village facilities and certain businesses located in the Village, and imposed emergency measures effective immediately; and WHEREAS, Florida law, including Florida Statutes Sections 286.011 and 166.041, requires that meetings of elected and appointed officials, for the conduct of public business, must be held following procedures (notice, access to meetings, opportunity to be heard, the taking of minutes) that ensure that the public is able to participate in and be aware of the decision making process (the "Sunshine Law"); and WHEREAS, previously, when asked whether a public body complies with the Sunshine Law when one or more members of a governmental body wish to participate in a meeting electronically from a remote location, the Florida Attorney General ("AG") has opined that a quorum of the body must be physically present in order to allow a member, who due to "extraordinary circumstances" is unable to physically attend the meeting, to appear and participate electronically; and WHEREAS, on March 17, 2020, the Village Council's regular meeting was forced to be held virtually because multiple members of the Council were in quarantine due to COVID-19 exposure, and the meeting was conducted in accordance with the written opinion of the Village Attorney to comply with the Sunshine Law as fully as possible under the circumstances; and WHEREAS, on March 19, 2020, the AG answered the Governor's inquiry by issuing Opinion 20-03, opining that meetings of local government bodies could be held through the use of communications media technology such as telephonic and video conferencing, as provided in Section 120.54(5)(b)2, Fla, Stat. ("virtual public meetings") on the basis of a declared emergency; and WHEREAS, based on AGO 20-03, Governor DeSantis issued Executive Order 20- 69, "Emergency Management - COVID-19 Local Government Public Meetings" on March 20, 2020, which suspended 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 authorized a local government body to hold virtual public meetings; and WHEREAS, on April 15, 2020, I, as Village Manager of Bal Harbour Village, promulgated Emergency Order 10-20 "Virtual Meeting Procedures," which established procedures for the Village Council and Village advisory boards and ad hoc committees to meet virtually as provided in Executive Order 20-69; and WHEREAS, each of these declarations remain in effect and are in response to COVID-19, which is a highly contagious virus that has and continues to reach unprecedented levels throughout the world, the State of Florida, Miami -Dade County and the Village; and WHEREAS, in response to COVID-19, the U.S. Center for Disease Control and public health officials have established guidelines that all persons must wear protective gear, socially distance, and importantly, avoid group gatherings to limit exposure to the virus; and WHEREAS, the Village has followed the CDC recommendations and those of other renowned health officials by temporarily suspending in -person public meetings, including Village Council meetings and meetings of Village advisory boards and ad hoc committees through the end of October; and WHEREAS, the Village is unaware of any person that has been unable to view or participate in any virtual public meeting held to date; and WHEREAS, at the regular October Council meeting, a quorum of the Village Council indicated that they would attend the November Village Council meetings in person, with physical modifications to the Council Chambers and additional meeting procedures to follow CDC guidelines and limit exposure to the virus; and WHEREAS, on November 1, 2020, Governor's Executive Order 20-69 specifically authorizing virtual public meetings expired; and WHEREAS, the Village recognizes the importance of in -person meetings under the Sunshine Law, and its Council has therefore decided to resume in person Village Council meetings in November; and WHEREAS, the Village also has various advisory boards and ad hoc committees comprised of appointed volunteers lending their time and expertise to the Village, and the Village has learned that a quorum of at least one of its advisory boards is unavailable to attend a Board meeting in person due to Board member health concerns regarding COVID-19, but Board members are available to continue to meet virtually; and WHEREAS, the paramount concern of the Village is to protect the health, safety and welfare of its citizens, employees and the general public by reducing the risk of the spread of COVID-19, while still continuing with the business of the Village; and WHEREAS, Governor's Executive Order 20-52 acknowledges that special duties and responsibilities placed on state, regional and local agencies in responding to the COVID-19 emergency may require them to suspend the application of the statutes, rules, ordinances and orders they administer; and WHEREAS, specifically, Section 4(D) of Executive Order 20-52 provides for political subdivisions within the State (such as municipalities) to "waive the procedures and formalities otherwise required . . . by law pertaining to: 1) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community; 2) Entering into contracts . . 3) Incurring 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 expenditure of public funds."; and WHEREAS, therefore, Executive Order 20-52 authorizes the Village to take prudent action to ensure the health, safety, and welfare of the community, which necessarily includes the option of holding virtual public meetings; and WHEREAS, the Village also possesses broad home rule powers that authorize it to protect the public health, safety, and welfare, declare emergencies, and protect its citizens; and WHEREAS, there is no intrinsic evil to virtual attendance to achieve a quorum so any preemption of virtual attendance must be expressly set forth in the Florida Constitution or general or special law and, as a result, the Village finds that no preemption exists in state law; and WHEREAS, no statute, Village Charter provision, or Village ordinance provides that the Village Council or any Village advisory board or ad hoc committee must physically be present at the same place to hold a meeting, and Division 1 of Chapter 2, Article I II of the Village Code establishes procedures for advisory boards and ad hoc committees which contemplate virtual attendance at Board meetings (See, e.g., Sections 2-49(1)(b) and 2- 72); and WHEREAS, the Village Charter does not prohibit attendance at a meeting of Village boards by electronic media, and the Village finds that the attendance requirement for the purpose of establishing a quorum, participating and voting on any Village board or committee can be satisfied by physical or virtual attendance, or any combination of physical and virtual attendance; and WHEREAS, on November4, 2020, in order to assure the uninterrupted continuation of Village business, I issued an Order because the Village seeks to provide the option for its advisory boards and ad hoc committees to meet virtually until this Order is revoked; and WHEREAS, COVID-19 continues to threatens the public health, safety, welfare and security of the citizens, residents and visitors of the Town, conditions have continued to worsen since the November 4 order, the daily positivity rate has increased from 6.9% to 9.2%, and the 14 -day average positivity rate has increased from 5.3% to 6.8%; and WHEREAS, as of November 13, 2020, the Florida Department of Health reports a total number of COVID-19 cases of 851,825 with 17,372 deaths in Florida, and 195,513 resident cases and 3,701 deaths in Miami -Dade County; and WHEREAS, I therefore seek to amend this Order to enable the Village Council to also meet virtually until this Order is revoked. NOW, THEREFORE, as Village Manager of Bal Harbour Village, Florida, and pursuant to the authority vested in me by Chapter 252.38(3)(a), Florida Statutes, and Bal Harbour Village Code Chapter 2, Article VIII "Emergency Management" (the "Village Code"), as well as that certain Village of Bal Harbour Village Declaration of State of Emergency, dated March 13, 2020, and in addition to the Emergency Measures I have previously ordered and promulgated, I hereby ORDER and PROMULGATE the following, effective immediately (the "Order"): 1. The Village Council and aAll advisory boards and ad hoc committees of the Village may continue to meet virtually in accordance with Village Order #10-20 "Virtual Meeting Procedures." The Village Manager or designee shall determine how each Village Council and advisory board meeting will be held, shall publicize whether it is being held virtually or in person, and shall describe how the public may attend and be heard at each meeting. Additional Council or Board members may virtually attend a Council or Board meeting at which a quorum of the Council or Board members are attending in person. 2. All other Village Orders currently in effect, shall remain in effect. All requirements of Village Emergency Orders, Miami -Dade County Emergency Orders, State of Florida Executive Orders, and federal Emergency Orders shall be strictly adhered to at all times. THIS EMERGENCY ORDER SHALL BE EFFECTIVE IMMEDIATELY, AND SHALL REMAIN IN EFFECT UNTIL REVOKED. BAL HARBOUR VILLAGE, FLORIDA ATTEST: Dwight S. Danie, Village Clerk Jorg . ti . Gonz,Q z, Village Manager � 'Date: November 13, 2020 - Viltl. .2i - Time: 5:00 p.m.