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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2020-020 Temp. Ord. #2446 December 9,2020 Page 1 of 8 •1 ORDINANCE NO. 0-20204020 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, 3 FLORIDA, AUTHORIZING THE CITY COMMISSION TO ARRANGE FOR 4 PUBLIC MEETINGS BY USE OF COMMUNICATION MEDIA TECHNOLOGY 5 AND FOR ATTENDANCE BY USE OF SUCH TECHNOLOGY BY ELECTED 6 AND APPOINTED OFFICIALS DURING A DECLARED PUBLIC HEALTH 7 EMERGENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR 8 CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN 9 EFFECTIVE DATE. 10 WHEREAS, the Novel Coronavirus Disease 2019 (COVID-19) is a contagious 11 disease that has the apparent ability to spread rapidly among humans and may result in 12 serious illness or death, constitutes a clear and present threat to the lives, health, welfare, 13 and safety of the people of Tamarac; and 14 WHEREAS, on March 1, 2020, the Governor Ron DeSantis issued Executive 05 Order number 20-51 directing the Florida Department of Health to issue a Public Health 16 Emergency; and 17 WHEREAS, on March 1, 2020, the State Surgeon General and State Health 18 Officer declared a Public Health Emergency exists in the State of Florida as a result of 19 COVID-19; and 20 WHEREAS, on March 9, 2020, the Governor Ron DeSantis issued Executive 21 Order number 20-52 which declared a State of Emergency for the State of Florida due to 22 COVID-19; and 23 WHEREAS, Governor DeSantis' Executive Orders 20-51 and 20-52 also contain 24 a recommendation to limit public gatherings; and • {00414488.12704-0501640} CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. 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Ord. #2446 December 9,2020 Page 2 of 8 25 WHEREAS, Florida Law, including Florida Statutes Sections 286.011 and • 26 166.041, requires that meetings of elected and appointed officials, for the conduct of 27 public business, must be held following procedures (notice, access to meetings, opportu- 28 nity to be heard, the taking of minutes) that ensure that the public is able to participate in 29 and be aware of the decision-making process (the "Sunshine Law"); and 30 WHEREAS, public meetings have traditionally been conducted in spaces with 31 people in close proximity to each other and in groups varying in size, but generally much 32 larger than ten (10) people; and 33 WHEREAS, due to the apparent ability to spread rapidly among humans, during 34 this declared State of Emergency, the traditional public meeting, including compliance 35 with the physical quorum and public attendance requirements of the Sunshine Law, may 36 unnecessarily expose the residents of Tamarac, the City's elected officials, appointed • 37 board members, employees, and first responders to COVID-19; and 38 WHEREAS, the Governor's Executive Order 20-52 acknowledges that special 39 duties and responsibilities placed on state, regional and local agencies in responding to 40 the emergency may require them to suspend the application of the statutes, rules, 41 ordinances and orders they administer; and 42 WHEREAS, specifically, Section 4(D) of Executive Order 20-52 provides for 43 political subdivisions within the State to "waive the procedures and formalities otherwise 44 required . . . by law pertaining to: 45 1) Performance of public work and taking whatever prudent action is necessary to 46 ensure the health, safety and welfare of the community; {ooaiaaaa.i 2704-0501640} 1111 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. 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Ord. # 2446 December 9,2020 Page 3of8 11117 2) Entering into contracts . . .; 48 3) Incurring obligations; 49 4) Employment of permanent and temporary workers; 50 5) Utilization of volunteer workers; 51 6) Rental of equipment; 52 7)Acquisition and distribution, with or without compensation, of supplies, materials 53 and facilities; and 54 8) Appropriation and expenditure of public funds."; and 55 WHEREAS, therefore, Executive Order 20-52 authorizes the Mayor and the City 56 Commission to take prudent action to ensure the health, safety, and welfare of the 57 community, which necessarily includes holding virtual public meetings; and WHEREAS, on September 4, 2020, Governor DeSantis signed Executive Order 59 20-213 which extended Order 20-52 through November 3, 2020; and 60 WHEREAS, Governor DeSantis recognized this action was necessary as, on 61 March 20, 2020, he rendered Executive Order 20-69, suspending the physical quorum 62 requirement for local government public meetings; and 63 WHEREAS, Governor DeSantis has extended Executive Order 20-69 several 64 times with the last extension taking place on September 30, 2020, Executive Order 20- 65 246, allowing public meetings to continue virtually through November 1, 2020; and 66 WHEREAS, Chapter 252, Florida Statutes, among other things, confers upon the 67 Mayor and the City Commission the emergency powers provided for in Chapter 252 in 68 order to protect the public peace, health, and safety; and to preserve the lives and • {00414488.12704-0501640} CODING: Words in strike type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2446 December 9,2020 Page 4 of 8 69 property of the people of the state; and to "make, amend, and rescind such orders and • 70 rules as are necessary for emergency management purposes and to supplement the 71 carrying out of the provisions of ss. 252.31 -252.90, but which are not inconsistent with 72 any orders or rules adopted by the division or by any state agency exercising a power 73 delegated to it by the Governor or the division." Section 252.46(1), Florida Statutes; and 74 WHEREAS, COVID-19 threatens the public health, safety, welfare and security of 75 the citizens, residents and visitors of the City of Tamarac, Florida; and 76 WHEREAS, as of October 26, 2020, the Florida Department of Health reports a 77 total number of COVID-19 cases of 782,013 with 16,652 deaths in Florida and 83,962 78 cases and 1,521 deaths in Broward County; and 79 WHEREAS, on November 3, 2020, Governor DeSantis issued Executive Order 80 No. 20-276, thereby extending the state of emergency in the State of Florida through • 81 January 3, 2021; and 82 WHEREAS, the Mayor and the City Commission finds there is a clear and present 83 danger in holding a public "in person" meeting for those attending and those who come 84 in contact with those attending; and 85 WHEREAS, the current outbreak of COVID-19 has made the Mayor and the City 86 Commission acutely aware that provisions must be made to ensure that the business of 87 municipal governance can occur without unnecessarily exposing public officials, City 88 personnel or members of the public to a risk of infection while ensuring public access and 89 open government; and {00414488.1 2704-0501640} • CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. 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Ord. #2446 December 9,2020 Page 5 of 8 IlkWHEREAS, the technology exists to conduct public meetings using technology in 91 which the City can comply with the provisions of the Sunshine Law while preserving 92 human life; and 93 WHEREAS, since Executive Order 20-69 was rendered by the Governor, the City 94 Commission's virtual public meetings have been live broadcast over television, the 95 internet, radio, and simulcast to a designated location at City Hall for those without 96 television, internet, or radio access; and 97 WHEREAS, the City Commission's virtual public meetings provide for the public 98 to comment live over the phone, via email, or live in person at a designated location at 99 City Hall for those without phone or email access; and no WHEREAS,the technology and methods to hold virtual public meetings by the City S . provides broader access to the general public to watch, listen to, or comment on public 102 business; and 103 WHEREAS, the City is unaware of any person that has been unable to view or 104 participate in any virtual meeting held to date; and 105 WHEREAS,the Mayor and the City Commission also possesses broad Home Rule 106 powers that authorize it to protect the public health, safety, and welfare, declare 107 emergencies, and protect its citizens; and 108 WHEREAS, no statute, Charter provision, or ordinance provides that the City 109 Commission must physically be present at the same place to hold a City Commission 110 meeting; and S (00414486.1 2704 0501640} CODING: Words in strike type are deletions from the existing law; Words in underscore type are additions. 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Ord. # 2446 December 9,2020 Page 6 of 8 111 WHEREAS, the City Charter does not prohibit attendance at meetings of City • 112 Commission by electronic media and the City Commission finds that its attendance 113 requirement for the purpose of establishing a quorum, participating and voting can be 114 satisfied by physical or CMT attendance; and 115 WHEREAS, Section 166.041(3)(b) allows a municipality to enact an emergency 116 ordinance in one meeting if approved by a two-thirds vote of the governing body; and 117 WHEREAS, the City Commission finds that it is in the best interests of the City 118 Commission, Boards, Committees, City personnel, and citizens and residents of the City 119 to authorize the City Commission to provide for the City Commission and members of all 120 Boards and Committees to be able to attend meetings electronically during a declared 121 public health emergency. 122 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 111 123 CITY OF TAMARAC, FLORIDA: 124 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 125 as being true and correct and are hereby made a part of this Ordinance. 126 SECTION 2. Pursuant to the City's Charter and Code of Ordinances, the Home 127 Rule authority of the Mayor and the City Commission, Chapter 252, Florida Statutes, 128 Section 4D of Governor DeSantis' Executive Order 20-52, and based upon the Legislative 129 Findings set forth in the above-stated recitals, the City Commission is hereby authorized, 130 during a declared public health emergency, to arrange for the City Commission, and all 131 Boards and Committees to meet electronically. Such meetings shall be planned and 132 conducted in consultation with the City Attorney's Office to ensure, to the extent {00414488 1 2704-0501640} • CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. #2446 December 9,2020 Page 7 of 8 413 practicable, substantial compliance with Section 286.011, Florida Statutes, "Florida's 134 Sunshine Law." 135 SECTION 3. If any clause, section, or other part or application of this Emergency 136 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 137 invalid, such unconstitutional or invalid part or application shall be considered as 138 eliminated and so not affecting the remaining portions or applications remaining in full 139 force and effect. 140 SECTION 4. All Ordinances or parts of Ordinances, Resolutions or parts of 141 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 142 such conflict. 143 SECTION 5. This Emergency Ordinance shall take effect immediately. 4114 145 146 147 BY: Ce4,&� - 148 MA OR MICHELLE J. Gr4M(Z 149 150 ATTEST \\`\F'TAM, 151 z'- .. • O .� 15 0 V4S1:' 15 NNIF R J ON, CMC _w EST 963 cr 154 CITY CLERK 155 •.w 156 � .... ;s�1 OCoUN\\ 157 158 159 160 • (00414488.12704.0501640} CODING: Words in strikethrough type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. #2446 December 9,2020 Page 8 of 8 161 RECORD OF COMMISSION VOTE: • 162 MAYOR GOMEZ 163 DIST 1: COMM. BOLTON fie5 164 DIST 2: COMM. GELIN 165 DIST 3: V/M VILLALOBOS 166 DIST 4: COMM. PLACKO 167 168 169 170 171 I HEREBY CERTIFY that 172 I have approved this 173 ORDINANCE as to form 174 175 176lit-7)14\ 177 / 178 SAMUEL S. GORE 1 179 CITY ATTORNEY 180 • 181 182 {00414488 1 2704-0501640} 11111 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions.