HomeMy WebLinkAboutItem 18 Discussion of Re-Opening Practices for Advisory Boards and City Commission Meetings ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: June 2, 2020
Item # 18
Reviewed By
Contact Name: Cr7 Shadrix, ACM Department age Director
Contact Number 407-905-3111 City Manager
Subject: Discussion of Re-opening practices for advisory boards and City ommission
Meetings
Background Summary:
The Governor's executive order 20-52 declaring a state of emergency was initially declared on March 9, and
extended on May 8 for an additional 60 days. During this same time frame, the Governor issued executive order
20-69 which relaxed in person quorum requirements and allowed for teleconferencing for local government
meetings The recent efforts by the state to allow business re-openings raise the question of how the City may
continue with advisory boards and City Commission meetings and whether to continue the public call-in protocol
Some area local governments are continuing use of web-based meeting protocols until the Governor's executive
order 20-69 expires on July 7, while others have opened their meetings to the public with social distancing and
facial coverings
Issue:
When should the City Commission allow the public to attend City Commission meetings?
Recommendations:
The City Commission may 1) continue the meeting protocol identified by the City Attorney until the Governor's
Executive Order expires on July 7, or 2) Reopen advisory boards and the City Commission meetings to the
public provided that CDC guidelines are followed
Attachments:
Executive Orders 20-52, 20-69 and 20-114
Financial Impact:
N/A
Type of Item: (please math with an"x)
Public Hearing For Clerk's Dept Use
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Heanng
Resolution K Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. _ N/A
Reviewed by ( ) N/A
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STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-52
(Emergency Management -COVID-I9 Public Health Emergency)
WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory
illness that can spread among humans through respiratory transmission and presents with
symptoms similar to those of influenza; and
WHEREAS,in late 2019,a new and significant outbreak of COVID-19 emerged in China;
and
WHEREAS, the World Health Organization previously declared COVID-19 a Public
Health Emergency of International Concern; and
WHEREAS,in response to the recent COVID-19 outbreak in China, Iran, Italy,Japan and
South Korea, the Centers for Disease Control and Prevention("CDC ')has deemed it necessary to
prohibit or restrict non-essential travel to or from those countries; and
WHEREAS, on March 1, 2020, I 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 7, 2020, I directed the Director of the Division of Emergency
Management to activate the State Emergency Operations Center to Level 2 to provide coordination
and response to the COVID-19 emergency; and
WHEREAS, as of March 9, 2020, eight counties in Florida have positive cases for
COV ID-19, and COVID-1 9 poses a risk to the entire state of Florida; and
WHEREAS, the CDC currently recommends community preparedness and everyday
prevention measures be taken by all individuals and families in the United States, including
voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs
and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often
with soap and water for at least 20 seconds, using of alcohol-based hand samtizers with 60%-95%
alcohol if soap and water are not readily available and routinely cleaning frequently touched
surfaces and objects to increase community resilience and readiness for responding to an outbreak;
and
WHEREAS, the CDC currently recommends mitigation measures for communities
experiencing an outbreak including staying at home when sick,keeping away from others who are
sick,limiting face-to-face contact with others as much as possible,consulting with your healthcare
provider if individuals or members of a household are at high risk for COVID-19 complications,
wearing a facemask if advised to do so by a healthcare provider or by a public health official,
staying home when a household member is sick with respiratory disease symptoms if instructed to
do so by public health officials or a health care provider; and
WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state
and its people by this emergency.
NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the
authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252,
Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take
immediate effect:
Section 1. Because of the foregoing conditions, I declare a state of emergency exists in the
State of Florida.
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Section 2. I designate the Director of the Division of Emergency Management("Director")
as the State Coordinating Officer for the duration of this emergency and direct him to execute the
State's Comprehensive Emergency Management Plan and other response,recovery,and mitigation
plans necessary to cope with the emergency. Additionally, I designate the State Health Officer
and Surgeon General as a Deputy State Coordinating Officer and State Incident Commander.
Pursuant to section 252.36(I)(a), Florida Statutes, I delegate to the State Coordinating
Officer the authority to exercise those powers delineated in sections 252.36(5)-(l0), Florida
Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of
section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State
Coordinating Officer shall confer with the Governor to the fullest extent practicable. The State
Coordinating Officer shall also have the authority to:
A. Seek direct assistance and enter into agreements with any and all agencies of the
United States Government as may be needed to meet the emergency.
B. Designate additional Deputy State Coordinating Officers, as necessary
C. Suspend the effect of any statute, rule, or order that would in any way prevent,
hinder, or delay any mitigation, response, or recovery action necessary to cope with this
emergency.
D. Enter orders as may be needed to implement any of the foregoing powers;however,
the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such
orders issued by the State Coordinating Officer; however, no such order shall remain in effect
beyond the expiration of this Executive Order, to include any extension.
Section 3. I order the Adjutant General to activate the Florida National Guard,as needed,
to deal with this emergency.
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Section 4. I find that the special duties and responsibilities resting upon some State,
regional, and local agencies and other governmental bodies in responding to the emergency may
require them to suspend the application of the statutes, rules, ordinances, and orders they
administer. Therefore, I issue the following authorizations:
A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the
Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide
budget authority for state agencies to cope with this emergency. The requirements of sections
252.46 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the
Executive Office of the Governor; however, no such suspension shall remain in effect beyond the
expiration of this Executive Order, to include any extension.
B. Each State agency may suspend the provisions of any regulatory statute prescnbing
the procedures for conduct of state business or the orders or rules of that agency, if strict
compliance with the provisions of any such statute,order,or rule would in any way prevent,hinder,
or delay necessary action in coping with the emergency. This includes, but is not limited to, the
authority to suspend any and all statutes,rules,ordinances,or orders which affect leasing,printing,
purchasing,travel, and the condition of employment and the compensation of employees. For the
purposes of this Executive Order, "necessary action in coping with the emergency" means any
emergency mitigation, response, or recovery action: (1) prescnbed in the State Comprehensive
Emergency Management Plan ("CEMP"): or (2) ordered by the State Coordinating Officer. The
requirements of sections 252.46 and 120.54, Florida Statutes, shall not apply to any such
suspension issued by a State agency; however, no such suspension shall remain in effect beyond
the expiration of this Executive Order, to include any extensions.
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C. In accordance with section 465.0275, Florida Statutes, pharmacists may dispense
up to a 30-day emergency prescription refill of maintenance medication to persons who reside in
an area or county covered under this Executive Order and to emergency personnel who have been
activated by their state and local agency but who do not reside in an area or county covered by this
Executive Order.
D. In accordance with section 252.38, Florida Statutes, each political subdivision
within the State of Florida may waive the procedures and formalities otherwise required of the
political subdivision 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; however, political subdivisions are cautioned
against entering into time and materials contracts without ceiling as defined by 2 CFR 200.318(j)
or cost plus percentage contracts as defined by 2 CFR 200.323(d);
3) Incoming 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.
E. All State agencies responsible for the use of State buildings and facilities may close
such buildings and facilities in those portions of the State affected by this emergency,to the extent
necessary to meet this emergency. 1 direct each State agency to report the closure of any State
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building or facility to the Secretary of the Department of Management Services. Under the
authority contained in section 252.36, Florida Statutes, I direct each County to report the closure
of any building or facility operated or maintained by the County or any political subdivision therein
to the Secretary of the Department of Management Services Furthermore, I direct the Secretary
of the Department of Management Services to:
I) Maintain an accurate and up-to-date list of all such closures; and,
2) Provide that list daily to the State Coordinating Officer.
Section 5. I find that the demands placed upon the funds appropriated to the agencies of
the State of Florida and to local agencies are unreasonably great and the funds currently available
may be inadequate to pay the costs of coping with this emergency. In accordance with section
252,37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by
transferring and expending moneys appropriated for other purposes,moneys from unappropriated
surplus funds,or from the Budget Stabilization Fund.
Section 6. All State agencies entering emergency final orders or other final actions in
response to this emergency shall advise the State Coordinating Officer contemporaneously or as
soon as practicable.
Section 7. Medical professionals and workers, social workers, and counselors with good
and valid professional licenses issued by states other than the State of Florida may render such
services in Florida during this emergency for persons affected by this emergency with the
condition that such services be rendered to such persons free of charge, and with the further
condition that such services be rendered under the auspices of the American Red Cross or the
Florida Department of Health.
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Section 8. All activities taken by the Director of the Division of Emergency Management
and the State Health Officer and Surgeon General with respect to this emergency before the
issuance of this Executive Order are ratified. This Executive Order shall expire sixty days from
this date unless extended.
Sry,x IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
Florida to be affixed, at Tallahassee, this 9th day of
t / March, 21
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4., ,.. ON . S , •R
ATTEST:
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STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-69
(Emergency Management -COVID-19- Local Government Public Meetings)
WHEREAS. on Nlatch 1, 2020. I issued Executive Order 20-51 directing the Florida
Department of Health to issue a Public Health Emergency as a result of COVID-19; and
WHEREAS, on March I. 2020. the State Surgeon General and State Health Officer
declared a Public Health Emergency exists in the State of Florida as a result of C'OVID-19; and
WHEREAS, on March 9. 2020. I issued Executive Order 20-52 declanng a state of
emergency for the entire State of Florida as a result of COVID-19: and
WHEREAS, on March 16. 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention ("CDC") issued the "15 Days to Sloe 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, on March 17, 2020, 1 wrote a letter to Attorney General Ashley Moody
seeking an advisory opinion regarding concerns raised by local govemment bodies about their
ability to hold meetings through teleconferencing and other technological means in order to protect
the public and follow the CDC guidance regarding social distancing: and
WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion
to me indicating that certain provisions of Florida law require a physical quorum be present for
local government bodies to conduct official business, and that local government bodies may only
conduct meetings by teleconferencing or other technological means if either a statute permits a
quorum to he present by means other than in person. or that the in person requirement for
constituting a quorum is lawfully suspended during the state of emergency: and
WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19
remains controlled, and that residents and visitors in Florida remain safe and secure,
NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida. b} 'irtue of the
authority vested in me by Article IV, Section 11 it a) of the Florida Constitution, Chapter 252.
Florida Statutes. and all other applicable laws, promulgate the following Executive Order to take
immediate effect:
Section I. I hereby suspend any Honda Statute that requires a quorum to be present in
person or requires a local government hod) to meet at a specific public place
Section 2. Local government bodies may utilize communications media technology.
such as telephonic and video conferencing.as provided in section 120 54(5)1 b)2., Florida Statutes.
Section 3. This Executive Order does not Name am other requirement under the
Florida Constitution and "Florida's Government in the Sunshine Laws." including Chapter 286.
Florida Statutes.
Section 4. This Executive Order shall expire at the expiration of Executive Order 20-
52, including any extension.
IN TESTIMONY WHEREOF, I have hereunto
t C' v set my hand and caused the Great Seal of the
•
� State of Florida to be affixed, at 0 allahassee.this
f ;: 20th da ' of March. 2020
':'
RON DESANTIS. GOVERNOR
ATTEST.
SE RETARY OF STATE
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-114
(Emergency Management—Extension of Executive Order 2452—COVID-19)
WHEREAS, on March I. 2020, I issued Executive Order 20-51. directing the Florida
Department of Health to issue a Public Health Emergency due to COVID-l9: and
WHEREAS. on March 9, 2020. 1 issued Executive Order 20-52. declaring a state of
emergency for the entire state due to COV 1D-19: and
WHEREAS, on March 25, 2020. President Donald J. Trump approved my request and
declared a Major Disaster due to COVID-19 in Florida: and
WHEREAS. on April 29, 2020,after consulting with my Task Force to Re-Open Florida.
I issued Executive Order 20-112, my "Phase I Safe. Smart Step-by-Step. Plan fur Florida's
Recovery-, and
WHEREAS, I,as Governor of Florida,am committed to providing all available resources
and assisting all Floridians and our local communities with their efforts; and
WHEREAS. no state of emergency declared pursuant to the Florida Emergency
Management Act may continue for more than 60 days unless renewed by the Governor: and
WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety
and welfare of the State of Florida and its residents
NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the
authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida
Emergency Management Act,as amended.and all other applicable laws,promulgate the following
Executive Order, to take immediate effect:
Section I. The state of emergency declared in Executive Oi der 20-52,will be extended
for 60 days following the issuance of this order for the entire State of Florida.
Section 2. To the extent Executive Order 20-112. Phase 1 Safe. Smart. Step-by-Step.
Plan for Florida's Recovery, amended or extended any executive order related to COVID-19, the
referenced executive orders shall remain to effect, as modified.
Section 3. All actions taken by the Director of the Division of Emergency
Management as the State Coordinating Officei with respect to this emergency before the issuance
of this Executive Order are ratified, and he is duected to continue to execute the State's
Comprehensive Emergency Management Plan and other response. recovery, and mitigation plans
necessary to cope with the emergency.
Section 4. Except as amended herein. Executive Order 20-52 is ratified and
reaffirmed.
IN TESTIMONY WHEREOF. I have hereunto
> set my hand and caused the Great Seal of the
< State of Florida to be affixed, at Tallahassee,
�y� \ this 8t ' of May, 2020.
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