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.
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