AGENDA ITEM REPORT
TITLE:
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A RESOLUTION RECOGNIZING THE COVID-19 VIRUS THREAT; COMMITTING TO OPEN GOVERNMENT AND PUBLIC PARTICIPATION; AND TEMPORARILY WAIVING THE CITY CHARTER’S MEETING REQUIREMENTS THAT PROVIDE THAT A COMMISSIONER MUST BE PHYSICALLY PRESENT TO BE COUNTED AS IN ATTENDANCE AT A COMMISSION MEETING.
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BACKGROUND:
On March 9, 2020, the Governor issued Executive Order No 20-52, as extended continuously thereafter, declaring a state of emergency statewide due to Novel Coronavirus (COVID-19) and authorizing, pursuant to Section 252.38, Florida Statutes, each political subdivision within the State to "waive the procedures and formalities otherwise required of the political subdivision by law pertaining to . . . [the] [p]erformance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community." On March 12, 2020, as extended continuously thereafter, the Mayor of the City of Coconut Creek declared the existence of a City-wide “STATE OF EMERGENCY.” On March 20, 2020, the Governor issued Executive Order No 20-69, as extended, suspending requirements that local governments a) have a quorum be physically present in person and b) hold meetings at a specific public place. Section 309 c. of the City Charter, which was waived by the City Commission on April 15, 2020, states that, “No Commissioner shall vote, nor be considered in attendance at any Commission meeting, except in person.”
DISCUSSION:
In support and recognition of Federal and CDC guidelines and recommendations and Executive Orders of the Governor of the State of Florida, and Broward County Emergency Orders, emergency measures are necessary to protect the public health, safety and welfare. It is essential that the City continue to function and to operate and to do so in a manner which provides ongoing local government access to the public while following governing orders regarding social distancing. As the City moves forward slowly toward more in-person meetings, with appropriate social distancing and safety precautions in place, it is important to recognize the limited space available in the City Commission chambers, the on-going possible need for City Commissioners and/or other Board Members to self-quarantine and the paramount importance of the active participation of the City Commissioners to represent the City’s residents. In recognition of the existing and on-going state of emergency and consistent with the provisions of Chapter 252 Florida Statutes, the City Commission may temporarily waive the City of Coconut Creek Charter requirement contained in Section 309 c. requiring the in-person, physical presence of Commissioners to attend and participate in City Commission meetings, provided all other requirements of law in effect at the time of each meeting, are complied with. The continued waiver of Section 309 c. of the City Charter, pursuant to the City’s declaration of emergency, will allow for full participation by all members of the City Commission while electronic communications media technology will ensure full compliance with the requirements of Section 286.0114 and Chapter 120, Florida Statutes.
RECOMMENDATION:
Staff recommends approval of this resolution.
FISCAL IMPACT: N/A