Res No 157-20-15597RESOLUTION NO.157-20-15597
A Resolution of the Mayor and City Commissioners of the City of South Miami,
in accordance with Florida Statutes, Chapter 252, and the City's Home Rule
Powers, suspending all ordinances that requires that a quorum be present in
person at meetings of any of the City's Boards during the pendency of the Covid-
19 pandemic.
WHEREAS, Florida Statute, Section 166.041, requires that all resolution and ordinances
be passed and enacted by a majority vote and that there must be a quorum of 3 members of the
governing body present; and
WHEREAS, Section 166.041 only applies to the governing body of a municipality; and
WHEREAS, despite the fact that Section 166.041 does not apply to municipal boards,
Section 20-6.1 of the City's Land Development Code requires that a quorum must be present in
order for the Planning Board, the Environmental Review and Protection Board and the Historic
Preservation Board to adopt resolutions; and
WHEREAS, the City's current Covid-19 resolution, authorizing virtual meetings, was based
on the premise that the Governor had suspended the operation of Section 166.041 and did not
address Section 20-6.1; and
WHEREAS, the Center for Disease Control and Prevention has advised that in order to
slow the spread of the Coronavirus/COVID-19, individuals should adopt far-reaching social
distancing measures; and
WHEREAS, the City Commission hereby finds that it is necessary and appropriate to take
action to ensure that Coronavirus/COVID-19 remains controlled and that residents and visitors
remain safe and secure; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they
are incorporated into this resolution by reference as if set forth in full herein.
Section 2. In accordance with the power and authority vested in the City by Chapter 252,
Florida Statues, and the City's Home Rule Powers, the City Commission hereby suspends any and
all requirement in the City's Code of Ordinances and City's Land Development Code that require
that a quorum of the City's Boards be physically present in order to conduct City business during
the pendency of the state of emergency declared by the Governor or the state of emergency
declared by the City Manager concerning the Covid-19 pandemic.
Pagel of 2
Res. No. 157-20-15597
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will
not affect the validity of the remaining portions of this resolution.
Section 5. Effective Date. This resolution will become effective immediately upon
adoption.
PASSED AND ADOPTED this 2"d day of November, 2020.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTIO
CIWATTO
COMMISSION VOTE:
5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda Rem No:Bc.
City Commission Agenda Item Report
Meeting Date: November 2, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Rem Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commissioners of the City of South Miami, in accordance with Florida
Statutes, Chapter 252, and the City's Home Rule Powers, suspending all ordinances that requires that a
quorum be present in person at meetings of any of the City's Boards during the pendency of the Covid-19
pandemic. 3/5 (City Attorney)
Suggested Action:
Attachments:
Res re Quorum for Boards during Covid-19.docx