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HomeMy Public PortalAbout20-01RESOLUTION NO. 20-1 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING EMERGENCY PROCEDURES FOR REMOTE ATTENDANCE AT PUBLIC MEETINGS BY THE COMMISSION, ARCHITECTURAL REVIEW AND PLANNING BOARD, STAFF, AND THE PUBLIC, PROVIDING AN EFFECTIVE DATE. WHEREAS, Coronavirus disease 2019 ("COVID-19") is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents symptoms similar to influenza; and WHEREAS; in response to the spread of COVID-19 in China, Iran, Italy and, South Korea, the World Health Organization has declared COVID-19 to be a Public Health Emergency of International Concern; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control 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 10 people; and WHEREAS, Governor Ron DeSantis issued Executive Order No. 20-51 directing that a public health emergency be declared in the State of Florida; and WHEREAS, Governor Ron DeSantis issued Executive Order No. 20-52, declaring a State of Emergency throughout Florida and has recognized that local governments have special duties and responsibilities in responding to emergencies that may require them to suspend the application of statutes, rules, ordinances and orders that they administer; and WHEREAS, Florida law requires that a physical quorum be present for local government bodies to conduct public business and, in accordance with the opinion of Florida Attorney General Ashley Moody, local governments may only suspend the in-person quorum requirement if permitted to do so by statute or executive order; and WHEREAS, Governor Ron DeSantis issued Executive Order No. 20-69 in which he determined it to be necessary and appropriate to take action to control the spread of COVID-19 in order to ensure the health and safety of Florida residents and has suspended the requirements that a quorum of local government bodies be physically present or that they meet at a specific public place and has authorized local governments to utilize communications media technology such as telephonic and video conferencing in order to facilitate the conduct of public business and to ensure the public's ability to participate; and WHEREAS, on April 1, 2020, Governor Ron DeSantis issued Executive Order No. 20-91, directing senior citizens and individuals with a significant underling medical condition to stay at home, and all persons in Florida to limit their movements and personal interactions outside their home to only those necessary to obtain or provide essential services or conduct essential activities; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby ratified and confirmed. Section 2. The Town Commission hereby adopts the following procedures for remote attendance at Town Commission and Architectural Review and Planning Board meetings during the pendency of the declared State of Emergency caused by COVID-19: A. Definitions 1. "Emergency" means the threat to the public health and welfare caused by the spreading of COVID-19 throughout Florida. 2. "Duration of Emergency" means the period of time during which the Governor's Declaration of Emergency in Executive Order 20-52 is effective, including any extension thereof. 3. "Remote Attendance" means having access to the communications media technology network being used to conduct a proceeding, or being used to take evidence, testimony, or argument relative to issues being considered at a proceeding. 4. "Communications media technology" (CMT) means the electronic transmission of printed matter, audio, full -motion video, freeze frame video, compressed video, and digital video by any method available. B. Procedures (1) Notice: The Town Clerk or designee shall prepare notices of all regular, special and emergency meetings of the Town Commission and Architectural Review and Planning Board in accordance with the requirements of Florida Statute section 286.011. The Notice shall state that the proceeding is to be conducted using CMT, shall identify the specific type of CMT to be used, and shall describe how interested persons may attend. The Notice must include the telephone number, email address or other means by which an interested person may participate in the meeting and must provide a telephone number or email address where an interested person may call or write to receive additional information. If the CMT proceeding involves a quasi-judicial hearing, the Notice must also provide an email address to which any written or other physical evidence may be submitted. The Notice must be posted in accordance with Gulf Stream's standard procedures. (2) Public Participation in Agenda Items: All members of the public who are interested in participating shall be heard. Prior to voting on an agenda item, those attending in person or using CMT will be given an opportunity to speak for each agenda item to which their comments are directed, following which all written comments will be read into or made part of the record in accordance with Gulf Stream's previously adopted Procedures. (3) Public Participation in Public Forum: All comments that do not relate to matters on the Agenda will be heard during the public comment section of the meeting and may be offered telephonically or in writing in accordance with the Commission's previously adopted Procedures. Written comments will be read into or made a part of the record. (4) Quasi -Judicial Proceedings: Gulf Stream's previously adopted Procedures governing quasi- judicial proceedings shall apply to the Town Commission and Architectural Review and Planning Board for the Duration of the Emergency except as follows: a. The applicant and other interested parties may participate remotely, at the discretion of the Town Manager. b. All written or other physical evidence must be provided to the Town Clerk at least five working (5) days prior to the meeting. c. The required public hearing will be conducted in accordance with the procedures set forth in paragraph (2) above. d. Any evidence, testimony, and argument offered using CMT shall be afforded equal consideration as it were offered in person, and shall be subject to the same objections. (5) Recording of Votes: The Town Clerk or her designee attending public meetings shall record the vote of each Commission or Board member by verbal polling to ensure that those using CMT are able to determine the vote of each member of the public body. (6) Previously Adopted Commission Procedures: Except as expressly set forth herein, all other Commission Procedures shall apply to public meetings held in the Town of Gulf Stream. Section 3. The Town Commission finds that the above procedures are consistent with Executive Order No. 20-69 issued by Governor DeSantis and are no broader than necessary to permit public business to be done during the Duration of the Emergency. O 0 Cd ao a. 0 �a U 42 0 U Cd 0 0 ti x 0 0 U 0 b b a� a� V) 0 rn m a� cd A w H P.� A d A z Q a O N O N W O cn cn 0-2O U