HomeMy WebLinkAboutResolution_01-21_01/14/2021RESOLUTION NO. 01-21
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO
ARRANGE FOR THE VILLAGE ENVIRONMENTAL ADVISORY
COMMITTEE TO MEET ELECTRONICALLY THROUGH USE OF
COMMUNICATIONS MEDIA TECHNOLOGY AND FOR ATTENDANCE
BY USE OF SUCH TECHNOLOGY BY COMMITTEE MEMBERS DURING
A DECLARED PUBLIC HEALTH EMERGENCY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES
WHEREAS, the Novel Coronavirus Disease 2019 ("COVID-19") is a contagious
disease that has the apparent ability to spread rapidly among humans and may result in
serious illness or death, constituting a clear and present threat to the lives, health, welfare,
and safety of the people of the Village of Tequesta; and
WHEREAS, on March 1, 2020, Governor Ron DeSantis issued Executive Order
number 20-51 directing the Florida Department of Health to issue a Public Health
Emergency; and
WHEREAS, on March 1, 2020, the State Surgeon General and State Health
Officer declared a Public Health Emergency exists in the State of Florida as a result of
COVID-19; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order
number 20-52 which declared a State of Emergency for the State of Florida due to
COVID-19; and
WHEREAS, on March 13, 2020, the Village of Tequesta took similar action and
declared a local State of Emergency which has been extended by subsequent Village
Council resolutions and continues to be in effect; and
WHEREAS, on December 10, 2020, the Village adopted Resolution No. 46-20, the
most recent extension of the Village's Emergency Declaration as originally declared on
March 13, 2020; and
WHEREAS, Governor DeSantis' Executive Orders 20-51 and 20-52 also contain
a recommendation to limit public gatherings; 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, public meetings have traditionally been conducted in spaces with
people in close proximity with each other and in groups varying in size, but generally
much larger than ten people; and
WHEREAS, on July 11, 2019, the Village Council approved Resolution 21-19
establishing the Village of Tequesta Environmental Advisory Committee, a committee of
seven (7) appointed members who are also residents of the Village of Tequesta; and
WHEREAS, since its establishment, the Village Environmental Advisory
Committee has held traditional public meetings in compliance with the Sunshine Law,
with a mission to develop recommendations for goals, objectives and policies related to
sustaining and improving the natural environment of the Village of Tequesta; and
WHEREAS, due to the apparent ability of COVID-19 to spread rapidly among
humans, during this declared State of Emergency the traditional public meeting, including
compliance with the physical quorum and public attendance requirements of the Sunshine
Law, may unnecessarily expose members of the Village Environmental Advisory
Committee as well as Village residents to COVID-19; and
WHEREAS, the Governor's Executive Order 20-52 acknowledges that special
duties and responsibilities placed on state, regional and local agencies in responding to
the 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 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 Council to
take prudent action to ensure the health, safety, and welfare of the community, which
necessarily includes holding virtual public meetings; and
WHEREAS, on November 3, 2020, Governor DeSantis signed Executive Order
20-276 which extended Order 20-52 through January 2, 2021; and
WHEREAS, Governor DeSantis recognized this action was necessary as, on
March 20, 2020, he rendered Executive Order 20-69 which suspended any Florida
Statute provision 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 govemment
body to hold virtual public meetings; and
WHEREAS, Governor DeSantis has extended Executive Order 20-69 several
times with the last extension taking place on September 30, 2020 as Executive Order 20-
246, which allowed public meetings to continue virtually through November 1, 2020;
however there is still a need for the Village to hold virtual meetings through the use of
communications media technology to protect the health and safety of members of both
the Village Environmental Advisory Committee and Village residents as a whole; and
WHEREAS, Chapter 252, Florida Statutes, among other things, confers upon the
Village Council 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, COVID-19 threatens the public health, safety, welfare and security of
the citizens, residents and visitors of the Village of Tequesta, Florida; and
WHEREAS, as of December 16, 2020, the Florida Department of Health reports a
total number of COVID-19 cases of 1,155,335 with 20,204 deaths in Florida and 73,998
cases and 1,796 deaths in Palm Beach County; and
WHEREAS, a significant portion of the Village's population is 65 years of age or
older, placing the health of Village Environmental Advisory Committee members as well
as other Village residents at risk in the event the requirement for an in -person meeting is
not waived during the declaration of this COVID-19 emergency; and
WHEREAS, the Village Council finds there is a clear and present danger in holding
a public "in person" meeting for the members of the Village Environmental Advisory
Committee, those attending the Village Environmental Advisory Committee's public
meetings, and for those who come into contact with those attending; and
WHEREAS, the current outbreak of COVID-19 has made the Village Council
acutely aware that provisions must be made to ensure that the Village Environmental
Advisory Committee's development of policy recommendations related to sustaining and
improving the natural environment can occur without unnecessarily exposing Village
Environmental Advisory Committee members or the general public to a risk of infection,
while simultaneously ensuring public access and open government; and
WHEREAS, the technology exists to conduct public meetings using technology in
which the Village can comply with the provisions of the Sunshine Law while preserving
human life; and
WHEREAS, since Executive Order 20-69 was rendered by the Governor, the
Village Council has conducted virtual public meetings; and
WHEREAS, the Village's virtual public meetings have provided for the public to
comment live over the phone, via email, or live in -person at a designated location at
Village Hall for those without phone or email access; and
WHEREAS, the technology and methods to hold virtual public meetings by the
Village provide broader access to the general public to watch, listen to, or comment on
public business; and
WHEREAS, the Village is unaware of any person that has been unable to view or
participate in any virtual meeting held to date; and
WHEREAS, the Village Council 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, no statute, Charter provision, ordinance, or resolution provides that
the Village Environmental Advisory Committee must physically be present at the same
place to hold a meeting; and
WHEREAS, the Village Council is acutely aware that an appropriate balance must
be struck between compliance with existing Sunshine Law requirements, the need for
the continuing operation of local government, and practicing social distancing in order to
manage the current outbreak of COVID-19; and
WHEREAS, as of the date of this Resolution, both state and local Emergency
Declarations remain in effect, and the Village Manager finds that it is necessary to
continue to utilize communications media technology to arrange for the Village
Environmental Advisory Committee to conduct virtual or electronic meetings in order to
limit gatherings, thus helping to prevent the spread of COVID-19 throughout the
community; and
WHEREAS, due to the continued significant risk to the public health, safety and
welfare by having in person public meetings as recited above, the Village Council finds
that it is in the best interests of the Village and its residents to authorize the Village
Manager to provide for the Village Environmental Advisory Committee to be able to attend
meetings electronically during a declared public health emergency; and
WHEREAS, the Village shall continue to comply with all provisions of Florida's
Sunshine Law, through the use of communications media technology, in order to ensure
public notice and public access to all Village Environmental Advisory Committee public
meetings held electronically during this State of Emergency or until terminated; and
WHEREAS, this Resolution serves a public purpose, and is in the best. interest of
the public health, safety, and welfare of the Village of Tequesta.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA:
SECTION 1. The recitals are declared to be true and correct and are hereby made
part and parcel of this Resolution.
SECTION 2. Pursuant to the Village's Charter and Code of Ordinances, the home
rule authority of the Village Council, Chapter 252, Florida Statutes, Section 4.D. of
Governor DeSantis' Executive Order 20-52, and based upon the Legislative Findings set
forth in the above- stated recitals, the Village Manager is hereby authorized, during a
declared public health emergency, to arrange for the Village Environmental Advisory
Committee to meet electronically through the use of communications media technology.
Such meetings shall be planned, conducted, and attended in consultation with Village
Resolution No. 12-20 (adopting communications media technology protocols for public
meetings) as well as the Village Attorney's office to ensure, to the extent practicable,
substantial compliance with all applicable provisions of Florida's Sunshine Law.
SECTION 3. This Resolution shall take effect immediately upon adoption.
RESOLUTION Date
01-21 01-14-2021
Motion Council Member Laurie Brandon Second Vice -Mayor Kyle Stone
FOR
AGAINST
ABSENT
CONFLICT
Mayor Abigail Brennan
El
1:1
13
Vice -Mayor Kyle Stone
M
0
Council Member Laurie Brandon
0
0
Council Member Frank D'Ambra
E
17
0
Council Member Bruce Prince
0
0
0
The Mayor thereupon declared the Resolution duly passed and adopted.
MAYOR OF TEQUESTA:
ATTEST:
P0
0RP09'9 4G :
INCORAp� L. :D
ATED/
,F 4, 1
" ,GF FLI
Lori McWilliams, MMC
Village Clerk