Resolution No. 2020-14R(S%.
CITY OF CLERMONT
C RESOLUTION NO.2020-14R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
FLORIDA, AUTHORIZING THE USE OF COMMUNICATION MEDIA
TECHNOLOGY TO CONDUCT PUBLIC MEETINGS FOR THE
PRESERVATION OF THE CONTINUITY OF GOVERNMENT DURING
THE NOVEL CORONAVIRUS DISEASE 2019 (COVID-19) STATE OF
EMERGENCY AND AUTHORIZING THE CITY MANAGER TO TAKE
ANY AND ALL MEASURES REASONABLE AND NECESSARY TO
IMPLEMENT THIS PURPOSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Governor Ron De5antis issued Executive Order 20-52 dated March 10, 2020,
declaring a State of Emergency for specified counties, including Lake County, related to the Novel
Coronavirus Disease 2019 (COVID-19);
WHEREAS, 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 accordance with Section 252.38, Florida Statutes, the City of Clermont has
the authority to declare a state of emergency within the municipal boundaries of the City and invoke
any and all emergency provisions, regulations, policies and programs as may be authorized by the
State of Florida, State Statutes and County or City ordinances; and
WHEREAS, the Clermont City Council adopted Resolution 2020-11R on March 17, 2020
declaring a Local State of Emergency related to the public health emergency of international
concern related to COVID-19; and
WHEREAS, the threat of COVID-19 persists throughout our community, therefore posing a
significant threat to public health and welfare; and
WHEREAS, the City Council, Code Enforcement Special Magistrate and those Advisory
and Quasi -Judicial Boards created by the City Charter, City Code and the City Council must
convene in order to ensure the continuity of government, the delivery of essential services,
protecting the interests of property owners and preserving the public health, welfare and safety; and
WHEREAS, Governor DeSantis, by Emergency Order No. 69, suspended the effect of
Florida Statutes and prior opinions of the Florida Attorney General that may require a quorum to be
present in person or that may require a lobal government body to meet at a specific site, and
authorizes local governments to utilize communications media technology (CMT), including
telephonic, video conferencing and anything permissible pursuant to Fla. Sta. § 120.54(5)(b)(2), to
conduct public meetings; and
WHEREAS, the City has made arrangements to broadcast its public meetings to the public;
and
1
6=
CLER%NT CITY OF CLERMONT
�.Rh.RESOLUTION NO.2020-14R
WHEREAS, in the interest of the continuity of government, while still providing
meaningful access to the public, and minimizing the health threat to participants the City has
determined that rules of procedure for conducting public meetings, hearings and workshops using
CMT are necessary.
NOW THEREFORE; BE IT RESOLVED by the City Council of the City of Clermont,
Lake County, Florida, as follows:
SECTION 1. Suspension or Amendment of Code Provisions, Rules and Policies in
Conflict.
All provisions of the City Charter, the City Code or Resolution 2417-03R, "Rules of
Conduct" that are in conflict herewith are hereby suspended or amended as set forth below.
SECTION 2. Communication Media Technology (CMT) meeting notices shall include
the following:
1. The physical address of City Hall or, if applicable, any remote access sites.
2. The general subject matter to be considered and instructions on how to obtain a copy
of the agenda.
3. Instruction on how to provide public comment, submit evidence, give testimony and
ask questions prior to, and during the public meeting without attending the meeting
and in accordance with applicable law and rules, which may be limited to an email
address or written statement mailed or delivered to City Hall. The notice shall
provide that all presented evidence and testimony shall be afforded equal
consideration, regardless of the means of communication or media technology.
4. An email address and telephone number for individuals who require special
accommodations pursuant to ADA to participate in the meeting, and advisement that
such request be submitted to the City three days prior to the meeting.
5. A statement regarding appeals of decisions made by the Council or Board and the
requirement of appellant to ensure that a verbatim record of the proceeding is made.
6. Contact information for the clerk to the City Council or applicable Board for further
inquiries.
SECTION 3. Procedures for CMT Meetings. In addition to those procedure set forth
in applicable law, City Code, Resolution 2017-0311, and Roberts Rules of
Order, as may be applicable, the following procedures shall be used for
CMT meetings:
2
�d=
CLENT CITY OF CLERMONT
«�Z RESOLUTION NO.2020-14R
Roll call of elected or appointed officials shall be made verbally on the record for the
establishment of quorum.
2. Public comment shall be permitted in accordance with applicable law for public hearings
and Florida's Public Participation Law and as set forth on the applicable meeting
agenda. Nothing herein shall require or grant to the public the right to speak at
workshop or upon any matter where the council or the board does not intend to take final
action.
3. The public shall have the following communication avenues to address the City Council
or the Board as may be permitted by law:
a) Public Access Location. The public or applicant may address the council or board on
a live video conference feed at a public access location to be established by the City
and using technology provided and operated by the City. In such instances, the
location shall be established according to the Center for Disease Control guidelines
and other reasonable precautions shall be implemented, maintained and monitored by
the City. The City Manager is hereby granted authority to have any individual
removed from that public access location who displays symptoms associated with
coronavirus or refuses to comply with reasonable and necessary precautions
established by the City.
b) Email. The public or applicant may send a comment or statement to be read at the
Council or Board meeting at the appropriate time. All emails must be received prior
to the published start time of the applicable meeting. The email address shall be:
cityclerk@clermontfl.org
c) Written Statement. The public or applicant may mail or deliver to City Hall on or
before 2 p.m. EST of the day of the meeting to which the statement applies. The
written statement shall be read at the Council or Board meeting at the appropriate
time.
d) Nothing herein shall act to waive, release or amend any authority of the presiding
officer to limit statements to comments relevant to the particular item, prohibit
abusive and disparaging comments or shall act as a release or waiver of any rule
related to time limits for speakers.
4. In addition to any livestream or broadcast of the applicable meeting, a copy of any CMT
meeting shall be published on the City's website as soon as practical after adjournment.
5. These procedures may be reasonably modified during any CMT meeting as necessary to
accommodate technical failures or limitations that may occur to ensure the continuation
and completion of City business.
3
d=
CLE
SECTION 4. Authority
CITY OF CLERMONT
RESOLUTION NO.2020-14R
The City Manager is hereby authorized and directed to revise the procedures set forth herein as may
be required to ensure the efficient operation of the City, the appropriate review of City matters and
to ensure the public has a reasonable and fair opportunity to be heard on any final action matter
taken by the Council, Special Magistrate or an appointed board.
SECTION 5. Effective Date; Duration
This resolution shall take effect immediately upon its adoption and shall remain in effect until such
time as the Novel Coronavirus Disease 2019 (COVID-19) state of emergency remains in effect
or the Governor's Emergency Order No. 69 is terminated.
4
CLEAW CITY OF CLERMONT
' RESOLUTION NO.2020-14R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 14th day of April 2020.
CITY OF CLERMONT
ATTEST:
Tracy Ackroyd Howe, City Clerk