Resolution No. 20-32RESOLUTION NO. 20-32
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING THE PROCEDURES FOR HYBRID COMMUNICATIONS
MEDIA TECHNOLOGY (CMT) QUASI-JUDICIAL HEARING
PROCEDURES AND ACKNOWLEDGMENT AND WAIVER OF RIGHTS.
WHEREAS, Pursuant to Governor DeSantis' Executive Order Number 20-69, issued on
March 20, 2020, as extended by Executive Order Number 20-179, as may be extended "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." Pursuant to Section 2-403,
Code of Ordinances, and to an emergency order executed March 27, 2020, as re-instituted by the
Mayor and City Manager, the City Manager has adopted administrative rules that are necessary
and appropriate to implement communications media technology, and to set the time, place, rules
of conduct and procedure for meeting; and
WHEREAS, City Commission desires to adopt procedures for virtual quasi-judicial
hybrid hearings whereby both virtual and in person meetings can take place in accordance with the
Sunshine Laws and statutory notice requirements and State Statutes; and
WHEREAS, City Commission chambers will still be physically accessible during the
hearings with numerous restrictions based upon health and safety standards for the applicants,their
representatives and the public who may wish to make public comments, testify at the hearing
and/or watch the meeting; and
WHEREAS, citizens who prefer not to attend the hearing in Commission Chambers can
make comments,testify at the hearing and/or watch the meeting via a virtual format; and
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. The City Commission hereby adopts the hybrid (in person or virtual)
participation procedures and Acknowledgement and Waiver of Rights as shown in Exhibit A; and
SECTION 2. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 24th day of August, 2020.
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E en Glasser, Mayor
Attest:
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Donna L. Bartle, City Clerk
Approved as to form and correctness:
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B m. Dun•-nnrty Attorney
EXHIBIT A
Hybrid" Communications Media Technology (CMT) Quasi-Judicial Hearing Procedures
for the City of Atlantic Beach
1. Communications Media Technology (CMT) means any alternative forms of audio, video,
electronic, or digital communication transmitted or hosted via telecommunications or
computer web-based platform services. These procedures for quasi-judicial hearings are
hybrid,"in that they allow for both virtual participation and in person participation,subject
to the provisions below.
2. Implementation of these CMT procedures may only be utilized during the pendency of a
declared State of Emergency by the Governor's office. The Executive Order of the
Governor must allow for suspension of any Florida Statute requiring a quorum to be
physically present. CMT procedures must comply with Section 120.54(5)(b)(2),Fla. Stats.
3. These CMT procedures will be available for meetings of the City Commission,Community
Development Board, and any other City board or committee that may conduct a quasi-
judicial hearing.
4. All applicants have the option of deferring their case to be heard at a future date under
established non-emergency hearing procedures.
5. Any applicant choosing to have their case heard under these CMT procedures must
complete the Acknowledgement and Waiver Form provided.This form must be completed
by the Applicant, Agent, if any, AND the property owner if not the Applicant. The form
must be sworn to or affirmed, and notarized.
6. Noticing provisions are not suspended. Noticing will be as required by the City Code and
Florida Statutes. Noticing will include information on how the public or Applicants may
participate by CMT.
7. Agenda packets and registration instructions will be available online at coab.us
8. The Commission Chambers will be open for public attendance consistent with City health
and safety procedures published on the City's website and provided with agenda notices.
Physical attendance in the Commission Chambers will be prioritized as follows:
a. Applicant and/or Applicant's Agent/Legal Counsel and Witnesses
b. General Public
9. The members of the General Public and the Applicants and/or Applicant's Agent that
choose to attend the hearing physically in the Commission Chambers will be directed to
speak into a laptop that is logged in to the zoom meeting.
10. Applicants and/or Applicants' Agent may attend physically or by CMT. Witnesses and
affected parties may appear by CMT or physically on a limited basis consistent with health
and safety procedures established by the City. All testimony at quasi-judicial hearings will
be sworn under oath. Please be advised that members of the public and witnesses may or
may not be granted physical access to the inside of Commission Chambers until it is their
specific time to speak at the discretion of the meeting moderator present in the Commission
Chambers. A speaker located outside of Chambers will also broadcast the meeting.
EXHIBIT A
11. Presentation materials, documents, witness lists, photographs, and other evidence and
exhibits must be provided to the City Clerk's Office if the quasi-judicial hearing is
occurring before the City Commission, or to the Community Development Board staff
secretary if the hearing will occur before the Community Development Board,no later than
three(3)business days prior to the meeting to provide all applicants,staff,board members,
attorneys and adversely affected parties to have the same information prior to the start of
the meeting or quasi-judicial hearing.
12. Public comment and participation will be conducted with a 5-minute limit on all speakers.
Members of the public who wish to participate using CMT will be requested to dial in to
the announced phone bank number or connect to the zoom link for video and audio
participation published on the specific agenda notice for that meeting. The participants will
be placed on hold and queued for each agenda item public comment period or applicable
public hearing. In the alternative, members of the public may provide written comment to
the City Clerk or Community Development Board staff secretary prior to the hearing via
U.S. Mail or email, no later than 6 hours before the meeting begins. The City staff present
at the meeting or Board Chair will read any received written comments into the record.The
City staff present at the meeting will receive and preserve all written comment consistent
with Florida Public Records law but will only read into the record the equivalent of five
minutes or 500 words.
13. An opportunity for persons to speak on each agenda item or case, virtually or in-person,
will be made available after the applicant and staff have made their presentations on each
item.All testimony,including public testimony and evidence by adversely affected parties,
will be made under oath or affirmation. Additionally, each person who gives testimony
may be subject to cross-examination. If you do not wish to be either cross-examined or
sworn, your testimony will be given its due weight under Florida law. Applicants, City
staff and adversely affected parties will be permitted to cross-examine witnesses and
parties. However, the public may request the Board Chair or moderator to ask questions
of parties or witnesses on their behalf. Persons representing organizations must present
evidence of their authority to speak for the organization.
14. Applicants and/or Applicants' Agent/Legal Counsel may rebut public comments through
the Chairperson.
15. All other rules of decorum apply to the extent they do not conflict or are not applicable.
The meeting moderator will monitor adherence to the Commission Rules of Procedure,
these CMT Procedures or Robert's Rules of Order and may mute any persons determined
to be in violation.
EXHIBIT A
Acknowledgment and Waiver of Rights: City of Atlantic Beach CMT Hearings
I,the undersigned Applicant or Authorized Agent, and Property Owner, hereby acknowledge and agree that:
I) Applicant and/or Property Owner has the option of deferring their case to be heard at a future date under
established non-emergency procedures.
2) Applicant and/or Property Owner knowingly and willingly chooses to proceed to hearing under the
Communications Media Technology (CMT) Quasi-Judicial Hearing Procedures for the City of Atlantic
Beach.
3) CMT procedures are held only during a declared State of Emergency by the Governor. Such procedures
may or may not comply with Florida Statutes or case law governing Quasi-Judicial, Legislative, or
Administrative Hearings. CMT procedures must comply with Section 120.54(5)(b)(2), Fla. Stats.
4) An opportunity for persons to speak on each agenda item or case will be made available after the applicant
and staff have made their presentations on each item. All testimony, including public testimony and
evidence by adversely affected parties, will be made under oath or affirmation. Additionally, each person
who gives testimony may be subject to cross-examination. If you do not wish to be either cross-examined
or sworn,your testimony will be given its due weight under Florida law.Adversely affected parties will be
permitted to cross-examine witnesses and parties. However, the public may request the Board Chair or
moderator to ask questions of parties or witnesses on their behalf. Persons representing organizations must
present evidence of their authority to speak for the organization.
5) Presentation materials,documents,witness lists, photographs,exhibits and any other documentary
evidence must be provided to the City Clerk's Office if the quasi-judicial meeting is occurring before the
City Commission,or to the Community Development Board's Staff Secretary if the quasi-judicial
meeting is occurring before the Community Development Board, no later than three(3)business days
prior to the meeting to provide all applicants, staff, board members, attorneys and adversely affected
parties to have the same information prior to the start of the meeting or quasi-judicial hearing.
6) "Adversely Affected Person" is defined in the City of Atlantic Beach Land Development Regulations as a
person who is suffering or will suffer an adverse effect to an interest protected or furthered by these land
development regulations or the City of Atlantic Beach Comprehensive Plan.The alleged adverse effect may
be shared in common with other members of the community but must exceed in degree the general interest
in community good shared by all persons in the community.
7) Decisions and Orders of any board or commission may be subject to challenge by private parties,
government agencies, and adversely affected persons. Further, such Orders or Decisions are subject to be
overturned by a court of competent jurisdiction. Applicant and/or Property Owner agree to indemnify and
hold harmless the City of Atlantic Beach, its boards and commission, staff, and appointed and elected
officials, for any and all claims arising out of Applicant and/or Property Owner's decision to proceed to
hearing utilizing CMT procedures.Applicant and/or Property Owner agree to pay all reasonable attorneys'
fees and costs incurred by the City in defending the decision or order of the board or commission utilizing
CMT procedures related to your hearing.
8) Applicant and/or Property Owner fully understand the risks and costs of litigation and have independently
assessed these risks and costs and choose to proceed with hearing of the application utilizing CMT
procedures.
EXHIBIT A
Applicant or Applicant's Agent, who represents and warrants that (s)he is authorized by the Applicant to
execute this Acknowledgement and Wavier of Rights by the Applicant, and Property Owner each further
acknowledges that they have had an opportunity to consult with and be represented by counsel of their
choosing and is advised to do so. Each of the undersigned freely, without duress or coercion, and based on
their own independent judgment wish to proceed with hearing of their application utilizing CMT hearing
procedures.
PROPERTY OWNER
SIGNATURE:
NAME:
STATE OF FLORIDA
COUNTY OF DUVAL
I HEREBY CERTIFY that on this day, personally appeared before me, by means of[ ] physical presence or
online notarization, who is personally known to me or who has
produced as identification, who is the person described in and who
executed the foregoing instrument and who acknowledged before me that he/she executed the same for the uses
and purposes therein expressed.
Witness my hand and official seal, this day of 2020.
Notary Public, State of Florida
APPLICANT OR APPLICANT'S AUTHORIZED AGENT
SIGNATURE:
NAME:
STATE OF FLORIDA
COUNTY OF DUVAL
I HEREBY CERTIFY that on this day, personally appeared before me, by means of[ ] physical presence or
online notarization, who is personally known to me or who has
produced as identification, who is the person described in and who
executed the foregoing instrument and who acknowledged before me that he/she executed the same for the uses
and purposes therein expressed.
Witness my hand and official seal, this day of 2020.
Notary Public, State of Florida