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HomeMy WebLinkAboutOrder No. 20-012 - Use of Communication Media Technology for Nontelevised County Meetings (04-13-20)ORDER NO. 20-012 AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR AUTHORIZING (USE OF COMMUNICATIONS MEDIA TECHNOLOGY FOR NONTELEVISED COUNTY MEETINGS) WHEREAS, the St. Lucie County Administrator has made the following determinations: mOMDO 0wmzm 1. On March 17, 2020, the St. Lucie County Public Safety Director declared a State of o $ m r _ ZA�nm Local Emergency Covid-19 Public Health Emergency ("St. Lucie County Declaration of P8 W m Co 3 3. a 2 Emergency"); and omN�mco 0 wo X a, w O 2. The Findings contained in the St. Lucie County Declaration of Emergency are oo m incorporated herein. 0 o =� 3. On March 20, 2020, the Governor of the State of Florida issued Executive Order ° C Number 20-69 suspending 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 providing that local government bodies may utilize communications media technology such as telephonic and video conferencing, as provided in Section 120.54(5)(b)2, Florida Statutes. 4. On March 24, 2020, the Governor of the State of Florida issued Executive Order No. 20-83 directing the State Surgeon General and State Health Officer to issue a public health advisory to all persons over 65 years of age and persons that have serious underlying medical conditions that place them at high risk of severe illness from COVID-19 urging them to stay home and to take such other measures as necessary to limit their risk of exposure to COVID-19; and 5. Pursuant to Executive Order No. 20-83, the Governor of the State of Florida further directed the State Surgeon General and the State Health Officer to issue a public health advisory providing that individuals should cease all social or recreational gatherings of 10 or more people; and 6. On March 25, 2020, the State Surgeon General issued a Public Health Advisory consistent with Executive Order 20-83; and 7. On March 25, 2020, the President of the United States declared that a major disaster exists in the State of Florida as a result of COVID-19; and 8. On April 1, 2020, the Governor of the State of Florida issued Executive Order 20- 91 directing senior citizens, individuals with a significant underlying medical condition, and persons engaging in nonessential services or activities to stay at home. 9. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the County Administrator may take all actions necessary and appropriate to protect human life and prosperity, to the extent necessary to accommodate the emergency; and 10. St. Lucie County is working to ensure continued public access and opportunity to be heard at County meetings during the State of Emergency, in order to continue the business of the County during the state of emergency. 11. As used herein, the term "Nontelevised County Public Meetings" shall mean and refer to meetings of the boards, advisory boards, committees which are a component of or dependent upon the County and are authorized by St. Lucie County Board of County Commissioners which have not been televised live as of April 1, 2020. NOW, THEREFORE, BE IT ORDERED AS FOLLOWS: 1. The determinations, orders, and declarations identified above are incorporated herein. 2. All County public meetings in April 2020 from the date of this Order through April 30, 2020 are cancelled. 3. No quasi-judicial hearings shall be held before June 2, 2020 and then only if technology can accommodate due process rights. 4. The standards for public access and opportunity to be heard for Nontelevised County Public Meetings during the State of Emergency are attached as Exhibit "A" incorporated into this Order. Agendas for these meetings should be limited to items that in the judgment of the County Administrator or designee should not be postponed until in -person meetings are resumed. 5. The "Notice of Public Meeting Using Communication Media Technology" attached as Exhibit "B" is incorporated into this Order and shall be posted on the County's website and incorporated into the published agenda of each Nontelevised County Public Meeting during the State of Emergency where communication media technology is proposed to be utilized. In addition, the Notice shall be included with any mailed notice required to be provided for public hearings under the County's Land Development Code as well as any published notice of public hearing required by law. 6. Any provision(s) within this Emergency Order that conflict(s) with any state or federal law or constitutional provision, or conflict(s) with or are superseded by a current or subsequently -issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Emergency Order, with the remainder of the Emergency Order remaining intact and in full force and effect. 7. Effective Date; Duration. This order shall be effective as of 8:00 (am) on q Ll_� 2020. This order shall expire upon the expiration of the existing State of Local Emergency, as same may be extended by subsequent order or declaration, unless earlier terminated by subsequent Emergency Order or upon expiration of Governor Executive Order No. 20-69. 8. This Order shall be filed in the Office of the Clerk of the Circuit Court. � Q Signed this�3 day of t 2020 at 0��� (am) m). Exhibit "A" Public Access and Opportunity to be Heard NONTELEVISED MEETINGS Board members, County staff and the public may participate in Nontelevised County Public Meetings during the State of Emergency by utilizing Communications Media Technology, including telephone. The public will not be able to physically attend the meetings as there is no physical meeting place. The public is encouraged to listen to Nontelevised County Public Meetings during the State of Emergency remotely while practicing Social Distancing. The County encourages the public to make use of online tools and phone service and stay informed about County business. The Public will be able to submit questions and comments electronically at publiccomment@stlucieco.org. Comments received electronically will be distributed to the Board in advance of the meeting and included in the record provided that the comments comply with the County's rules. All electronic comments must be received by noon on the day prior to the County meeting. The public may provide comments by phone by calling (772) 462-1499. Comments must be received by noon on the day prior to the County meeting. Persons may call (to be determined) to listen to the nontelevised County public meeting. St. Lucie County is committed to promoting transparency and engaging the public in all County decisions. All votes shall be by roll call to be sure the clerk is able to record all official actions taken for minutes and the public is able to determine how each member voted. If at any point the technology fails or is interrupted, the meeting shall cease until the problem is resolved. EXHIBIT B NOTICE (USE OF COMMUNICATIONS MEDIA TECHNOLOGY) NONTELEVISED MEETINGS St. Lucie County is working to ensure continued public access and opportunity to be heard at nontelevised County public meetings during the State of Emergency in order to continue the business of our County. The public will not be able to physically attend the meetings as there is no physical meeting place. Persons who do not attend will be able to submit questions and comments electronically at publiccomment@stlucieco.orq. Comments received electronically will be distributed to the Board in advance of the meeting and included in the record provided the comments comply with the County's rules. All electronic comments must be received by noon on the day prior to the meeting. The public may also provide comments by phone by calling (772) 462-1499. Comments pertaining to a public hearing or agenda items must be received by noon on the day prior to the meeting. Comments received by phone will either be played at the County meeting or transcribed in written form and provided to the Board provided the comments comply with the County's rules. St. Lucie County is committed to promoting transparency and engaging the public in all crucial County decisions. Members of the public who desire to listen to a County meeting may call (to be determined). All votes shall be by roll call to ensure the clerk is able to record all official actions taken for the minutes and the public is able to determine how each member voted. If at any point the technology fails or is interrupted, the meeting shall cease until the problem is resolved. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.