NORTH BAY VILLAGE VIRTUAL PUBLIC MEETING NOTICE

SPECIAL VILLAGE COMMISSION MEETING

North Bay Village will hold a virtual public meeting on: Wednesday, April 22, 2020 at 6:30 p.m.

The meeting agenda is available online at: https://northbayvillage-fl.gov/agendas_minutes

Members of the public may watch, attend, or listen to the virtual public meeting by following these instructions:

Watch the Virtual Public Meeting: https://northbayvillage-fl.gov/videos

TV Channel 661 Facebook Live

Listen via telephone to the Virtual Public Meeting:

1-712-770-4907 Participant code: 681148

PUBLIC COMMENTS Public comments will be accepted by the following means:

Via e-mail to: publiccomment@nbvillage.com

Public comments will be accepted until 5:00 p.m. on the day of the meeting.

Emails submitted for public comments will be limited to 300 words. If you have a matter you would like to discuss during public comments, please send your public comment to the email above by 5:00 p.m. on the day of the meeting with the subject line “PUBLIC COMMENT” and the following information in the body of the email: your name, address, if you are a hired Consultant or Village Employee, and/or if you are engaged in lobbying activities and/or representing an organization. All public comments received by 5:00 p.m. will be read into the record by the Village Clerk at the beginning of the meeting. Any comments submitted after the deadline, will not be read into the record, but will be emailed to the Village Commission.

PUBLIC RECORDS The meeting will be recorded for later viewing and is a public record. Minutes of the meeting will be taken and will be made available.

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Virtual Public Meeting Findings

The Village finds that it is necessary to hold a virtual public meeting due to the CDC’s guidance and government orders related to COVID-19/novel coronavirus. Specifically:

• Pursuant to Governor DeSantis’ Executive Orders 20-51 and 20-52, in which the Governor declared a public health emergency and a state of emergency, there is a recommendation to limit public gatherings.

• On March 20, 2020, Governor DeSantis issued Executive Order 20-69, suspending the quorum requirements for public meetings held by a local government body, and the requirement that a local government body must meet at a specific public place.

• Consistent with the authority contained in the Governor’s Executive Orders, and in order to ensure the health, safety, and welfare of the public and Village employees, the Village finds that it is in the best interest of the Village to hold a virtual public meeting.

• Therefore, the Village will hold a virtual meeting through the use of electronic communication.

IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.northbayvillage-fl.gov.

THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 786-224-8070 NO LATER THAN FIVE DAYS PRIOR TO SUCH PROCEEDING. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT 786-224-8070 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE).

LOBBYING ACTIVITIES Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38- 17. "Lobbyist" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi-judicial proceedings where the law prohibits ex -parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item.

Have questions or need additional information?

E-mail: eriera@nbvillage.com Call: 786-224-8070

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North Bay VillageOFFICIAL AGENDA

SPECIAL VILLAGE COMMISSION MEETING 1666 Kennedy Causeway North Bay Village, FL 33141

Wednesday, April 22, 20206:30 PM

Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the board shallbe barred from further appearance before the board by the presiding officer, unless permission to continue or again address thecommission is granted by the majority vote of the commission members present. No clapping, applauding, heckling or verbaloutbursts in support or opposition to a speaker or his or her remarks shall be permitted. Signs or placards may be disallowed inthe commission chamber by the presiding officer. Persons exiting the commission chambers shall do so quietly.

Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register asa lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38-17. "Lobbyist" specificallyincludes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fallwithin the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the followingpersons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under theircontracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi-judicialproceedings where the law prohibits ex-parte communications; expert witnesses who only provide scientific, technical or otherspecialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activitiesand representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation orreimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item.

ADDENDUM NO. 1 1. Opening Items

A. Call to OrderB. Roll CallC. Pledge of AllegianceD. Invocation

2. Public Comments 3. Mayor and Commission Reports 4. Manager's Report 4A1. Village Actions on Coronavirus 2019 (COVID-19) NBVillage Staff Activities Report.docx COVID-19 Economic Forecast for North Bay Village.docx

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Potential Expenditure Reduction Options Revised 4-15-2020.xlsx 5. Discussion/Action Items 5A. Approval of Virtual Meeting Procedures

A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAYVILLAGE, FLORIDA, ADOPTING VIRTUAL COMMISSION AND QUASIJUDICIAL PROCEDURES; PROVIDING FOR TRANSMITTAL; PROVIDINGFOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE

Resolution Adopting Virtual Regular and Quasi Juidicial Meeting Procedures.pdf 5B. Adoption of Declaration of State of Emergency - Village Manage Dr. Ralph

Rosado A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAYVILLAGE, FLORIDA, DECLARING A STATE OF EMERGENCY DUE TOCOVID-19; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR ANEFFECTIVE DATE

NBV-Declaration of State of Emergency-COVID19.pdf Resolution Confirming Emergency Declaration for COVID-19 5C. Reconsideration of Action Taken Regarding Dr. Douglas Hornsby Settlement

Agreement During March 12th Commission Meeting - CommissionerAndreana Jackson

Resolution No. 2020-015 Approving Settlement Agreement - Dr. Douglas Hornsby.pdf THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT AREDISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACTTHE OFFICE OF THE VILLAGE CLERK AT 305-756-7171 EXT. 45 NO LATER THAN FOUR DAYS PRIOR TO SUCH PROCEEDING. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BYVILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, WILL NEED A RECORD OF THEPROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICHRECORD SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED ATTHE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANYAGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THEVILLAGE WEBSITE AT www.nbvillage.com. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITHDISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING,PLEASE CONTACT (305) 756-7171 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAYSERVICE).

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North Bay Village1666 Kennedy Causeway, Suite 300 North Bay Village, FL 33141Tel: (305) 756-7171 Fax: (305) 756-7722 Website: www.nbvillage.com

MEMORANDUM

TO: Mayor, Vice Mayor and Commissioners of North Bay Village

FROM: Ralph Rosado, PhD, AICP, Village Manager

DATE: April 22, 2020

SUBJECT: North Bay Village Staff Work Activities Report

Mayor and Commissioners, during this unprecedented time Village staff has been doing a commendable job of maintaining public service considering the situation we are all facing with COVID-19. For more than a month now, a number of Village staff members are working remotely to ensure staff is practicing social distancing due to COVID-19. In most cases, residents are not experiencing delays or reduction of service. This is a testament to the dedication we all have for the community and our residents.

I recently received an email from a staff member, and I wanted to share a couple of sentences. “This team work has fostered great morale and comradery across department lines, in our common goal as public servants. Personally, I love my home at NBV, and hope to serve the public here for many years to come.”

Communicating effectively with residents, and among staff, remains a high priority in spite of the need for social distancing and is being achieved through traditional and virtual means. Social Media and email blasts are the easiest to quantify through the various analytic tools. For March, there is a significant increase in actions (reactions, shares and comments) on the NBV page. This is the result of a collaboration between two of the popular private Facebook groups (Mayor Latham’s #OURNBV and NBV Residents Speak) and the Village. During this COVID-19 crisis, both pages continue to amplify the Village message and are encouraging residents to obtain their COVID-19 information from the official Village sources. Efforts from the Village include daily e-blasts and website updates along with social media posts on a regular basis. Analytics also show that the Village email blast messages had an open rate increase of 15% in March.

With limited public interaction in order to preserve the health and safety of residents, visitors and staff, extra effort is being placed on enhancing the efficiency of certain operations. Examples include converting manual processes to electronic, ones such as in the Building and Code Departments. Below is a short summary of each department’s activities since we declared the State of Emergency on Thursday, March 12, 2020.

VILLAGE MANAGER

• Overseeing operations across departments, including some level of oversight or participation in all the work contained in this memorandum. • Directing staff and ensuring that staff who can work remotely were transitioned to home status to be able to do so.• Regularly communicating individually with the Mayor, Vice Mayor, Commission and maintaining communication with other charter officials, department heads and key staff.• Conducting a daily drive, walk and/or bicycle ride through the Village to assess conditions throughout the Village. 5

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CHIEF OF STAFF & COMMUNICATIONS AND SPECIAL EVENTS COORDINATOR

• Obtain, develop and disseminate messaging and graphics for flyers, social media, videos, and daily email blast. Messages covered information such as:

o COVID-19o State, County and Village Emergency

orderso Food Distribution

o Senior Mealso Spring Break Mealso Website updateso PSAs

• Researching and drafting of emergency orders and participating on county-wide emergency conference calls. • Conferring with Miami-Dade Municipalities regarding Commission agenda standard operating procedures (SOP); reviewing and updating fee schedule agenda item.

o Updating print newsletter.o Maintaining website homepage to add AlertNBV signups and links; reviewed web content

updates.o Adding new members to the Village listserv.

CODE ENFORCEMENT DEPARTMENT

• Conducting daily drives within Village boundaries to identify any health, welfare, life safety violations.• Daily drive by inspection follow ups and proactive STVR inspection in NBI; maintaining contact with STVR property owners in NBI, TI, HI via email, phone call/message regarding Emergency Order on STVRs. Working with Code Director from Miami Beach to further enhance STVR ordinance in North Bay Village.• Continuing to enforce Village Code while providing verbal and written warnings. • Issuing citations for various violations of Emergency Orders, Operating/Advertising unlicensed STVR, BTR violation, Construction Noise and blocking ROW.• Responding to complaints from residents, and providing proper notice, resolution or responses for all cases; met with owner at 7525 WTD and confirmed nuisance tenant has been removed. Owner is back in home, no STVR! Contacted neighbor to provide positive update.• Conducting research for various ordinances. These include noise ordinance, STVR ordinance, trash ordinance, and commercial landscape noise.• Completing several property liens searches for open citations and violations as requested by clerk department.• Coordinating with Village Clerk for appropriate retention schedules for records stored in Code Department to be in compliance with Ch.119. • Removing safety hazard by having vacant lot on Center Bay Dr. secured with chain/lock.• Training on scanning and document retention process to move the department into a digital process.

FINANCE DEPARTMENT

• Attending FEMA training to inform, prepare and write instructions on how to track employee time for FEMA worksheets. • Researching and assessing revenue impacts due to COVID-19.• Submitting the Request for Public Assistance (RPA) to the Florida Division of Emergency Management to apply for public assistance (including related qualifying costs) which is available to local governments through the Federal Emergency Management Agency Public Assistance Program, aka FEMA PA Program.• Preparing and submitting Children's Trust grant reimbursement for Feb 2020.• Updating the payment policy for electronic payments. This will allow the Village to continue to provide prompt payments for services rendered while limiting paper-based transactions. We reached out to our vendors to enroll them into the system and entered invoices.

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• Approving Tyler process for bank reconciliations, daily cash receipts, requisitions, utility adjustment, and accounts payable packets• Preparing tablet for water meter reading; prepared and emailed a water meter inventory report to Public Works Director; pulled data report. • Emailing recurring parking lot invoices.• Processing daily cash receipts and Online Payments; depositing cash receivable checks; reviewing, approving and processing incoming wire payments.• Assisting with instructing departments on how to process requisitions within the Tyler system. Finance helped Building staff create cash receivables batch and trained process for entering payments.• Reaching out to credit card providers to lower processing fees. • Contacting Tyler to discuss $1.25 online payment processing fee for the utility bills. • Creating the Wire Form in DocuSign for Manager and Mayor to sign in case we have the need of electronic signatures.• Working with the Police and Public Works Department to obtain prices to clean/disinfect Village Hall, Police Dispatch and Public Works at Galleon Street, while also ordering emergency items and computer equipment.

HUMAN RESOURCES

• Participating in numerous webinars regarding safety and pay issues related to COVID-19.• Researching, drafting and implementing FMLA- Families First Corona Response Act (FFCRA), along with PDF fillable request forms.• Addressing various worker’s compensation issues with the Florida League of Cities.• Addressing COVID-19 related employee pay issues.• Working with Police to implement daily temperature and safety assessments for Police employees reporting to work.• Conference calls with Village Manager, Village Attorney, outside labor counsel and department heads to address daily changes with COVID-19 impacts.• Serves as the point of contact to address all telecommuting challenges with employees.• Maintaining daily contact with all department heads to ensure personnel issues are being addressed.• Implementing electronic Personnel Action Form to continue operations to process employee personnel action changes.• Coordinating COVID-19 exposure testing for all non-Police employees with MedRite; ensuring appointments were received, employees reported for testing, testing results received, and address return to work status for each employee.• Addressing additional COVID-19 testing protocols with MedRite, Police and Union Leadership.• Working with departments to address operational impacts as a result of employee testing in order to identify ways to ensure current service level continues to be provided. • Assisting employees and department supervisors on questions/concerns relating to new FFCRA policy. • Implementing daily temperature and safety assessments for Public Works employees reporting to work.• Developing Village-wide personnel assessment on potential budget reductions due to forecasted economic downturn.

FRONT DESK (Building, Passports, Post Office)

• Discontinuing in-person services, such as passport applications, since the Emergency Order.• Contacting lien search companies to inform them of standard lien search services only; completed lien search requests and emailed results to Village Clerk.• Running plan reviews, permit applications, permit issuance, scheduled virtual inspections, processed permit payments, and update records.• Reviewing past due tax receipts (penalties are currently waived), creating invoices and preparinglicenses; reviewing files and emailing businesses that are missing documentation or current license.

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• Processing utility payments received by mail and over the phone, creating new service orders, updatingaccounts.• Calling residents and others in the community to gather and confirm information for the free meals initiative.• Assisting Police Department with preparation of flyers for distribution; assisting Code Enforcement with scanning file; providing assistance to PD (Officer Suarez) in preparing bags of food for distribution.

INFORMATION TECHNOLOGY DEPARTMENT (IT)

• Remotely setting up all employees to work from home on Village network. • Establishing VPN; setting up all laptops in the village for VPN use; creating how-to videos for VPNs.• Programming desktop-mapped shortcut for employees’ folders and files. • Setting up firewall for extra security and internal networks.• Repairing Police laptop with office issues with cis; working with Robert Miller (Dispatch) on plans for the start of server updates for police (end of life).• Rewiring connections for remote meetings and establishing accounts for commission meetings and staff meetings.• Creating and updating website daily virus webpage.• Repairing and updating LED signs.

POLICE DEPARTMENT

• Uniform patrol continuing increased visibility throughout the Village parks and other places where gatherings may occur. • Continuing to monitor all information and intelligence being sent to the Village and Police Department; continuing to liaison with our partners at NMB EOC and the Miami-Dade EOC.; communicating daily throughout the day with department heads. • SRO Suarez continuing to liaison with Miami-Dade Schools and providing activities for kids to continue to stay active and connected.• Making final arrangements and messaging for the food drive.• Closely monitoring high profile businesses such as grocery stores and gas stations, businesses such as restaurants also being monitored for compliance with closing orders; STVRs and all bay walk areas throughout the Village are also being monitored on a daily basis.• Reviewing/discussing STVR protocols and actions during the Covid-19 Emergency Declaration Order• Patrol Units assisting Public Works with issues on construction work and construction vendors.• Coordinating with HR on return-to-work policy to follow CDC protocols, report for work screening protocol for PD employees • Working with HR to locate and purchase touchless thermometer for screening Village employees; DC Bejar and Detective Casais worked to implement health screening of all essential personnel.• Ordering and assigning of two new leased marked Patrol vehicles (budgeted for FY 19/20); AssigningProbationary Officers to take home vehicles for sanitation, resource, availability purposes.• Accepting supplies (disinfectant wipes, gloves, etc.); Issuing PPE gloves and sanitizing items to police personnel; locating and ordering advanced PPE items for delivery ASAP; continually sanitizing police equipment and vehicles.

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PUBLIC WORKS DEPARTMENT

• Finalizing draft scope of work and providing to Sustainability and Resiliency Board for comments for storm water master plan.• Planning for landscape improvements to be presented for replacement of existing plants in pots along JFK causeway and Treasure lsland sign entrances.• Requesting quotes from vendors to coordinate various repairs throughout the Village.• Confirming completion of LED light replacements. • Continuing project management of parking study and capital improvements with engineering firms and contractors, grant project closeouts, and Public Works special projects; requested project updates from Engineers and contractors. • Reviewing and processing vendor invoices for the payment and transferring all invoices, and supporting documents to electronic files.• Ordering field supplies and PPE for public works field operations.• Conference calls with FDOT on advancing federally funded projects per current status of Village’s LAP certification process; with UM to discuss role in the island walk project.• Continuing regular solid waste collection operations for residential/commercial garbage, trash and bulk pickups.• Continuing Regular Street Maintenance pothole repairs, street waste can collection, dog station waste collection.• Wastewater Pump Stations monitoring and maintenance.• Regular water meter readings; cleaning and jetting sanitary sewer line front of 7501 ETD; repairingdamaged water main infrastructure along JFK Causeway.

VILLAGE ATTORNEY

• Reviewing all county, state and federal orders and mandates and advising the Village on the effect said orders would have.• Working with the Village Manager and Chief of Staff to prepare orders addressing emergency items.• Reviewing, approving and/or revising Village messaging on assorted legal matters, to ensure compliance with the Village Code and all applicable legislation.

VILLAGE CLERK

• Preparing April Commission meeting agenda and shifting all pulled items from March agenda to April agenda; Processing board application and uploading to April Commission Meeting agenda.• Creating draft minutes for the Regular Village Commission Meeting held on March 12, 2020; contactingGranicus to fix issue with meeting minutes, resolving issue, and updating Granicus login password.• Revising advisory board welcome manual.• Emailing with Comm. Strout re: friendly fertilizer ordinance; assisting the Vice Mayor with scheduling calendar invite for Fertilizer discussion.• Emailing Commission and staff re: quarterly gift disclosure due date and mailing fully executed documents from March Comm. mtg. to Dept. Heads.• Reviewing applications as member of Committee and attending conference call for committee review of applications.• Working on Village Clerk’s one-year evaluation memo.• Working with Code Dept. re: the shredding of documents that have met retention before starting scanning project for the dept.• Drafting food distribution information email and sending to all residents who were on the list; creatingand continuously updating food distribution master list with contact information provided by Mayor Latham and Comm. Strout; conference call with Manager and Comm. Strout regarding food distribution; Callingresidents who did not provide contact information for food drive to add them to the list.

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• Logging all Resolutions from year 2001.• Sending responsive documents to requestor this week, closing out requests, contacting IT to create a Dropbox link to access responsive documents for a request made – pending response. • Processing/preparing public records requests, following up on requests from Public Works and Police Departments, sending links of documents available for a public records request to requestor. • Working with lien search requestors to ensure payment of lien requests are complete prior to processing, sending requests to Code Enforcement to ensure there are no open violations against the properties, creating Lien Search Results Letters and emailing them to appropriate Lien Agencies, answeringemail inquiries requesting instructions for submitting liens.• Reviewing expired agreements and contracts, restructuring and refiling electronic agreements and contracts within server, creating an excel spreadsheet to begin logging potentially expired contracts and agreements.• Received Variance Application; emailed applicant amount to be paid to process application; workingwith Village Planner regarding variance application and certification letter application and fees, working with Finance Dept. regarding cost recovery.• Assisting with setting up calendar invites for Facebook Live Discussions, MDCLC BOD Meeting and Strategic Planning Disc.• Posting meeting notes and PowerPoint presentation sent to Chief of Staff from March 12th meeting; emailing staff regarding the noticing of meetings on all possible platforms.

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North Bay VillageMemorandum

Page 1 of 4

DATE: April 22, 2020

TO: Honorable Mayor, Vice Mayor and Members of the Village Commission

FROM: Village Manager Dr. Ralph Rosado

SUBJECT: COVID-19 Economic Forecast for North Bay Village

Due to the worldwide pandemic of COVID-19, the Administration has begun to analyze any potential budget impacts and revenue shortfalls. I understand that during this time, we all want to immediately find a solution that will insulate the Village from any adverse effects. It is important to take a cautious approach at this time as we do not completely understand the full impact to the economy or how long it will take time to recover.

Industries and municipalities that rely heavily on tourism within the County are being negatively impacted. By closing or restricting travel, lodging, entertainment, and other industries, there is an increasing strain on the local economy. The private sector is laying people off and, in many cases shutting down. Local governments are seeing fewer sales taxes and parking fee revenues and have had to take considerablemeasures.

What Is Known for North Bay Village

We are aware that the governments that are significantly impacted by tourist revenue are seeing a large amount of revenue loss. The Miami Herald recently stated that the County expects to see a shortfall of approximately $300 million, mainly due to the negative impacts of COVID-19 on tourist industries. However, in the same article, the County stated that it expects most of these industries to recover within a year.

North Bay Village revenue is not impacted in the same way as several of the municipalities that surround the Village. The primary source of revenue for the Village isAd Valorem Taxes, which is tied to the assessed value of each property in the Village. Below is a breakdown of revenue sources for the Village and the amounts collected from each.

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Page 2 of 4

General Fund RevenueAdopted Budget

% of NBV Budget

Collected Revenue Year-To-Date

% of Revenue CollectedYear-To-Date

Ad Valorem Taxes $5,700,723.54 68% $5,220,130.58 92%

Franchise Fees $407,024.00 4.8% $148,730.62 37%

Utility Service Tax $807,000.00 9.6% $333,037.00 41%

Licenses & Permits $100,000.00 1.2% $95,815.13 96%

Local 1/2 Cents Sales Tax

$727,242.00 8.6% $302,696.00 42%

State Revenue Sharing $217,397.00 2.6% $104,760.00 48%

Other Intergovernmental Revenue

$94,999.66 1.1% $84,530.00 89%

Charges for Services $100,680.00 1.2% $49,577.12 49%

Fines & Forfeitures $147,000.00 1.7% $140,746.66 96%

Miscellaneous Revenue $126,991.13 1.5% $57,568.63 45%

Total General Fund Revenue

$8,429,057.33 100%* $6,537,591.74 78%

*The above numbers are rounded.

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Street Maintenance Fund Revenue

Adopted Budget

% of Budget

Collected Revenue Year-To-Date

% of Revenue Collected

1 to 6 Cents Local Option Fuel Tax

$96,397.00 46% $37,933.00 39%

1 Cent Local Option Sales Tax for capital projects

$37,180.00 18% $14,368.00 39%

Motor Fuel Tax $75,483.00 36% $32,558.00 43%

Total Street Maintenance Fund Revenue

$209,060.00 100% $84,859.00 41%

Transportation Fund Revenue

Adopted Budget

% of Budget

Collected Revenue Year-To-Date

% of Revenue Collected

CITT Surtax Revenue $345,888.00 100% $167,982.00 49%

Total Transportation Fund Revenue

$345,888.00 100% $167,982.00 49%

Although, the Governor extended the deadline for citizens and businesses to pay property taxes in all Florida Counties to April 15, 2020. The Village typically receives the majority of property tax revenue within the first quarter of the Fiscal Year (FY). This usually occurs because most mortgages will escrow taxes as part of the monthly payments. Then in August, the financial institutions pay the property taxes for the property owner. As you will notice in the table above, the Village has collected 92% or $5.2 million of the projected Ad Valorem Taxes.

What We Do Not Yet Know for North Bay Village

It is too early for North Bay Village to know precisely how much we will have to adjust the revenue projections based on the current conditions and the expenditures. The table above does narrow the potential revenue impacted for the Village in FY 2019-2020; it is currently not possible to know what percentage of the remaining revenue is affected.

The Administration has been in constant contact with the government financial associations, Miami-Dade County, and other Miami-Dade County municipalities. The consensus is that the Village is still a few months away from being able to estimate any significant revenue shortfalls that would affect North Bay Village.

Also, the Village’s reported revenue actuals are typically delayed as the revenue is transferred from one government agency to another and eventually to North Bay Village. Due to the normal procedure of how the non-property taxes are collected, the

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The Administration is still a few months away from being able to predict revenue shortfalls accurately.

With an overall negative impact on our local economy, we can presume that property values will also be negatively impacted at some point. However, this may not be fully realized until FY 2021-2022. For the upcoming FY 2020-2021, possible shortfalls may be due to possible under collections from those unable to pay their property taxes. The overall evaluation by Miami-Dade County is typically conducted in January, which is before the COVID-19 event. It is unknown if the County at this point will purposely undervalue assessed properties.

The Administration is anticipating that North Bay Village will first see revenue shortfalls in the 1/2 Cent Sales Tax in the General Fund, State Revenue Sharing in the General Fund (also derived from sales tax proceeds), the 1 Cent Local Option Sales Tax for capital projects, and the various Fuel Taxes for transportation operations (CITT funds), construction, and debt service.

The Administration also does not know what impacts COVID-19 may have on the cost of health benefits for Village employees, although it is reasonable to assume an increase in said costs for the next FY.

Of course, all projections assume there is no new legislation that may affect property tax levies.

Potential Immediate Steps

Each department has gone through an initial exercise to review each budget line itemand its unspent budget amounts. The enclosed spreadsheet will illustrate the various expenditures that the Village has not yet used and where it could realize immediate cost-saving measures. Although these budget items would typically be used, during these unprecedented times, The Administration is recommending these line items be reallocated to protect the Village from potential revenue short falls.

Some examples include: canceling some or all events and programs to be held during the remainder of the FY, since COVID-19 could spread at such events; freezing various part-time or full-time positions that are currently vacant, and deferring some projects to a later FY. We want to assure our Mayor, Vice Mayor, Commissioners, residents, and businesses that the Administration is continually analyzing potential financial impacts and will continue to adjust as needed to limit any negative impacts to the Village’s finances while maintaining high quality services.

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PERSONNEL STAFFING Current Savings Resulting from

COVID-19 Event Covering March 13 thru April 17, 2020

Total Anticipated Savings From March 13 thru September 30, 2020

Suspend Best Buddies program resulting in the elimination of one (1) part-time clerical position $ - $ (4,444.00)Temporary reduction of hours from 24 to 12 hours per week for one (1) part-time Custodial Worker in the Public Works Department $ (1,390.00) $ (6,116.00)Freeze vacant part-time Maintenance Worker in the Public Works Department $ (3,105.00) $ (13,662.00)Convert one (1) part-time Police Officer to one (1) Reserve Police Officer in the Police Department $ (12,000.00)

TOTAL PERSONNEL STAFFING IMPACT $ (4,495.00) $ (36,222.00)

PERSONNEL BENEFITS Current Savings Resulting from

COVID-19 Event Covering March 13 thru April 17, 2020

Total Anticipated Savings From March 13 thru September 30, 2020

Temporarily suspend any/all Villagewide training efforts that result in a cost impact $ - $ (12,300.00)Suspend all future travel and attendance to conferences $ - $ (31,000.00)Eliminate Police Department Employee Physical Fitness Program $ - $ (2,500.00)

Suspend City Commission travel and attendance to conferences $ - $ (22,000.00)

TOTAL PERSONNEL BENEFITS IMPACT $ - $ (67,800.00)

OPERATIONS Current Savings Resulting from

COVID-19 Event Covering March 13 thru April 17, 2020

Total Anticipated Savings From March 13 thru September 30, 2020

Finance: Reduce contracted Accounts Payable services from 40 to 30 hours per week

$ (660.00) $ 8,910.00

Police: Implement additional organizational staffing modifications to reduce the use of Non-COVID related overtime $ (6,000.00) $ (26,400.00)Police: Eliminate temporary personnel services contracted for the Code Enforcement Division $ (1,925.00) $ (8,470.00)Public Works: Temporary reduction of hours from 40 to 35 hours for one (1) Administrative Assistant provided through contracted temporary services $ (5,280.00)Public Works: Continue temporary suspension of Street Sweeper $ (1,440.00) $ (6,336.00)

TOTAL OPERATIONS IMPACT $ (10,025.00) $ (37,576.00)

SPECIAL EVENTS/RESIDENT PROGRAMS Current Savings Resulting from

COVID-19 Event Covering 3-13 thru 4-17-2020

Total Anticipated Savings From March 13 thru September 30, 2020

Senior Dominoes Program $ (525.00) $ (2,848.00)Movie Night $ (1,256.00) $ (4,400.00)Police National Night Out held in August 2020 $ - $ (2,000.00)Police Summer Camp Program $ - $ (20,000.00)North Bay Village Police Athletic League (PAL) Program $ (835.00) $ (4,500.00)Police Youth Services Programs $ - $ (3,600.00)Spring Event $ (7,500.00) $ (7,500.00)TIES School Supplies $ - $ (3,250.00)Special Event Banners and Signage $ - $ (5,192.00)Savings from 2019 Halloween Event $ - $ (2,752.00)July 4th Event $ - $ (10,000.00)TIES Soccer and Basketball Programming $ - $ (5,560.00)North Bay Village 75th Anniversary Celebration $ - $ (40,000.00)5K Race $ - $ (5,000.00)Community Events Sponsored by Mayor and Commission $ - $ (4,000.00)TOTAL SPECIAL EVENTS/RESIDENT SERVICES PROGRAMS IMPACT $ (10,116.00) $ (120,602.00)

Current Savings Resulting from COVID-19 Event Covering March 13

thru April 17, 2020

Total Anticipated Savings From March 13 thru September 30, 2020

TOTAL IMPACT TO FY 2019-2020 $ (24,636.00) $ (262,200.00)

POTENTIAL COST-SAVING MEASURES TO ADDRESS FINANCIAL IMPACTS RELATING TO COVID-19

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1

RESOLUTION NO. 2020-

A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, ADOPTING VIRTUAL COMMISSION AND QUASI JUDICIAL PROCEDURES; PROVIDING FOR TRANSMITTAL; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order

Number 20-51 directing the State Health Officer and Surgeon General to declare a Public

Health Emergency due to the discovery of COVID-19/novel Coronavirus (“COVID-19”) in

Florida; and

WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order

Number 20-52 declaring a State of Emergency for the State of Florida related to COVID-

19; and

WHEREAS, on March 12, 2020, the Mayor of Miami-Dade County issued a

Declaration of Local State of Emergency in connection with COVID-19, responding to the

threat posed by COVID-19 which may require extraordinary and immediate actions by

Miami-Dade County in order to protect the public health, safety, and welfare; and

WHEREAS, finding that COVID-19 poses a health risk to North Bay Village’s (the

“Village”) residents, business owners, visitors, and beyond, the Village Manager on March

12, 2019 declared a state of emergency in the Village, in order to take precautionary

action to protect the safety, health, and welfare of the community; and

WHEREAS, on March 20, 2020, Governor DeSantis issued Executive Order 20-

69, “Emergency Management - COVID-19 Local Government Public Meetings.” Pursuant

to Executive Order 20-69, “any Florida Statute that requires a quorum to be present in

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person or requires a local government body to meet at a specific public place” is

suspended; and

WHEREAS, pursuant to this Emergency Order, Chapter 252, Florida Statutes, and

Chapter 54 of the Village Code of Ordinances, and the Villages March 12, 2020

Emergency Declaration, the Village is authorized to hold public meetings through the use

of communications media technology, subject to the adoption of rules pursuant to Section

120.54(5)(b)2, Florida Statutes.; and

WHEREAS, the Village Commission, upon staff’s recommendation, desires to

formally adopt procedures for virtual Regular and Special Commission Meetings and for

Quasi Judicial Hearings; and

WHEREAS, the Village Commission finds that this Resolution is in the best interest

of the health, safety, and welfare of the Village.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION

OF NORTH BAY VILLAGE, FLORIDA, AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are confirmed, adopted,

incorporated herein and made a part hereof by this reference.

Section 2. Approval. Pursuant to this Emergency Order, Chapter 252, Florida

Statutes, and Chapter 54 of the Village Code of Ordinances, and the Villages March 12,

2020 Emergency Declaration, and in recognition of the continued need to conduct public

business in a transparent, accessible and lawful manner, the Virtual Commission Meeting

Procedures, provided in Exhibit “A”, and the Virtual Quasi Judicial Hearing Procedures,

provided in Exhibit “B”, both of which are incorporated herein and made a part hereof by

this reference, are hereby approved.

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Section 3. Transmittal. The Village Clerk is directed to transmit this Resolution

to all appropriate parties and as may be required by law.

Section 4. Implementation. The Village Manager, Village Clerk, and Village

Attorney are hereby authorized to take such further action as may be necessary to

implement the purpose and provisions of this Resolution.

Section 5. Effective Date. This Resolution shall become effective immediately

upon adoption.

The foregoing Resolution was offered by _____________ who moved its adoption. The

motion was seconded by __________________ and upon being put to a vote, the vote

was as follows:

Mayor Brent Latham _____

Vice Mayor Marvin Wilmoth _____

Commissioner Jose R. Alvarez _____

Commissioner Andreana Jackson _____

Commissioner Julianna Strout _____

PASSED AND ADOPTED on this _____ day of _______, 2020.

_____________________________ Brent Latham, Mayor ATTEST: ____________________________ Elora Riera, CMC Village Clerk APPROVED AS TO LEGAL SUFFICIENCY: __________________________________ Weiss Serota Helfman Cole & Bierman, PL Village Attorney

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NORTH BAY VILLAGE

Rules of Procedure for Public Meetings Utilizing Communications Media Technology

Pursuant to Governor DeSantis’ Executive Orders 20-51 and 20-52, in which the Governor declared a

public health emergency and a state of emergency, there is a recommendation to limit public gatherings. On March

20, 2020, Governor DeSantis issued Executive Order 20-69, “Emergency Management - COVID-19 Local

Government Public Meetings.” Pursuant to Executive Order 20-69, “any Florida Statute that requires a quorum to

be present in person or requires a local government body to meet at a specific public place” is suspended, and the

Village is authorized to hold public meetings through the use of communications media technology, subject to the

adoption of rules pursuant to Section 120.54(5)(b)2, Florida Statutes.

In accordance with Chapter 252, Florida Statutes, and Chapter 54 of the North Bay Village (the “Village)

Code of Ordinances, and the Village’s Declaration of a State of Emergency issued March 12, 2020, the following

shall serve as Rules of Procedure for Public Meetings Utilizing Communications Media Technology:

1. Prior to the commencement of any Village public meeting, the Clerk shall post notice of the meeting in a

manner consistent with Section 286.011, Florida Statutes. The notice shall also include instructions on

how to access the public meeting either via telephone, video conference, or other communications media

technology utilized by the Village.

2. As used in this Order, “communications media technology” means the electronic transmission of printed

matter, audio, full-motion video, freeze-frame video, compressed video, and digital video by any method

available.

3. If a public meeting provides for the opportunity for public comment, the notice shall also include

instructions regarding how members of the public may submit comments or questions.

4. The Clerk shall ensure that the public meeting complies with all requirements of Section 286.011, Florida

Statutes, which have not otherwise been suspended or waived pursuant to Executive Order 20-69 (e.g.,

the preparation of minutes, etc.).

These emergency meeting procedures shall expire on the earlier of the expiration of the Village’s

Declaration of Emergency issued March 1, 2020, or the expiration of the Governor’s Executive Order 20-52,

including any extensions to either.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the North Bay Village to

be affixed this ____th day of April, 2020

ATTEST:

Elora Riera, CMC Brent Latham

Village Clerk Mayor

APPROVED AS TO FORM AND LEGAL

SUFFICIENCY

__________________________________________

Weiss Serota Helfman Cole & Bierman, PL

Village Attorney

EXHIBIT "A"

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QUASI-JUDICIAL PROCEDURES UTILIZING COMMUNICATIONS MEDIA TECHNOLOGY (CMT)

DURING DECLARED EMERGENCIES

1. Intent.

The intent of these emergency quasi-judicial procedures is to establish proceduresto ensure that during a declared Federal, State, County, or Municipal state of emergency (“Declared Emergencies”) the North Bay Village (the “Village”) may still meet to consider and hear various land-use and zoning applications that are required to be considered pursuant to quasi-judicial procedures. The procedures are intended to insure procedural due process and maintain citizen access to the local government decision-making process for the review of development orders requiring quasi-judicial hearings. It is the intent of the Village to provide an equitable and efficient method for the Village Commission, as well as certain Village boards and committees, to hear land use and zoning applications that are considered quasi-judicial in nature (the “Quasi-Judicial Body”).

2. Applicability.

These procedures shall be utilized only during Declared Emergencies where theQuasi-Judicial Body is unable to have a physical quorum present at a specific public place for a public meeting. These procedures shall apply to all applications for rezonings, special exceptions, conditional use approvals, variances, preliminary and final plat approvals, site plan approvals and any other land use and/or zoning site-specific development approval determined to be quasi-judicial in nature by the Village Attorney.

3. Definitions.

The following words, terms and phrases, when used in these emergency quasi-judicial procedures and notwithstanding any other definitions in the Village code, shall have the meanings ascribed to them in this section.

Applicant shall mean the owner of record, the owner’s agent, or any person with a legal or equitable interest in the property for which an application for a development order has been made and which is subject to quasi-judicial proceedings, and shall mean the staff when the application is initiated by the Village.

Application shall mean an application for any one of the following development orders:

(1) Variances.

(2) Conditional use approvals.

(3) Preliminary and Final Plat approvals.

(4) Site-specific rezonings.

(5) Special exceptions.

(6) Site plan approvals.

EXHIBIT "B"

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(7) Rezonings.

(8) Any other site-specific development approval determined to be quasi-judicial in nature by the Village Attorney.

Chair shall mean the mayor or, in his/her absence, the vice-mayor of the Village Commission presiding over the quasi-judicial proceedings. For any quasi-judicial proceedings before any other quasi-judicial body, the chair or, in his/her absence, the vice-chair shall preside over the quasi-judicial proceedings.

Communications media technology (CMT) shall mean the electronic transmission of printed matter, audio, full-motion video, freeze-frame video, compressed video, and digital video by any method available, as provided in Section 120.54(5)(b)(2), Florida Statutes.

Competent substantial evidence shall mean testimony or other evidence based on personal observation, or fact or opinion evidence offered by an expert on a matter that requires specialized knowledge, that is relevant to the issue to be decided. Competent substantial evidence is evidence a reasonable mind could accept as adequate to support a conclusion.

Development Order shall mean the written decision of the Quasi-Judicial Body regarding an application considered under these quasi-judicial proceedings, including a written order or other communication from an authorized Village official memorializing a decision of the Quasi-Judicial Body.

Ex-parte communication shall mean any written, oral, or graphic communication with a member of the Quasi-Judicial Body, which may relate to or which could influence the disposition of an application, other than those made on the record during a quasi-judicial hearing. This term also includes visiting the site of the application, receipt of expert opinions, and any independent investigations by a member of the Quasi-Judicial Body.

Expert shall mean a person who is qualified in a subject matter by knowledge, skill, experience, training, or education.

Intervenor shall mean a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public.

Material fact shall mean a fact that bears a logical relationship to one or more issues raised by the application or the laws and regulations pertaining to the matter requested by the application.

Participants shall mean members of the general public, other than the Applicant, an Intervenor, experts, and representatives of local governments and governmental agencies, who offer testimony at the Virtual Quasi-Judicial Hearing for the purpose of being heard on an Application.

Party or Parties shall mean the Applicant, the Staff, and any person recognized by the Quasi-Judicial Body as an Intervenor.

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Virtual Quasi-Judicial Hearing shall mean a virtual hearing held by the Quasi-Judicial Body to adjudicate the rights of an Applicant on an application listed in this section above, by means of a hearing which is conducted utilizing CMT and comports with these emergency procedures and due process requirements.

Relevant evidence shall mean evidence which tends to prove or disprove a fact that is material to the determination of the application.

Staff shall mean members of the Village staff.

4. Ex-parte communications.

(a) The procedures established in Chapter 29 of the Village Code of Ordinances shall continue to govern ex parte communications with Village officials.

5. General procedures.

(a) Virtual Quasi-Judicial Hearing. The Virtual Quasi-Judicial Hearing shall be held through the use of CMT accessible to all Participants.

(b) Witnesses and evidence. Each Party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any relevant matter (subject to the rules contained herein), and to rebut evidence.

(c) Intervenor Participation. In order for an Intervenor to be able to participate in a Virtual Quasi-Judicial Hearing, the Intervenor must provide the Village, via the Village Clerk, notice of an intent to participate in a public hearing no later than three (5) days prior to the Virtual Quasi-Judicial Hearing on the Application. Failure to provide notice shall bar the individual from intervening in the Virtual Quasi-Judicial Hearing on the Application. However, the individual may avail him/herself of participating in public comments during same.

(d) Duties of Staff. Staff shall have the responsibility of presenting the Application on behalf of the Village. The Staff Report on the Application shall be made available to the Applicant, interested Parties and the Quasi-Judicial Body no later than five (5) days prior to the Virtual Quasi-Judicial Hearing on the Application.

(e) Official file. All written communication received by the Quasi-Judicial Body or Staff concerning an Application, the Staff report on the Application, any petitions or other submissions from the public, and all other documents pertaining to the Application upon receipt shall be filed in the official file for the Application, which shall be maintained by Staff. The Village Comprehensive Plan and the Village Code of Ordinances shall be deemed to be part of the official file.

(f) Meeting agenda. The printed agenda for the meeting at which the Virtual Quasi-Judicial Hearing is scheduled to take place shall explain the procedures for accessing the Virtual Quasi-Judicial Hearing, and the nature of the Virtual Quasi-Judicial Hearing. A copy of the meeting agenda, along with the agenda materials for the Application shall be posted on the Village’s Website.

(g) Applicant and Intervenor Materials. The Applicant and any Intervenor shall submit all supplemental materials, presentations, and statements related to the Application

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to the Village in electronic format no later than five (5) days prior to the date of the Virtual Quasi-Judicial Hearing.

(h) Public comment. Members of the public that desire to submit comments regarding the Application to be heard at the Virtual Quasi-Judicial Hearing may submit their comments, via any of the CMT utilized by the Village, which may include, but not be limited to e-mail, voice mail, and written correspondence, no later than one (1) day prior to the commencement of said hearing. To the extent that individuals desire to submit sworn testimony in writing, their comments should include a signed statement that their comments are provided under oath or affirmation. Notwithstanding the above, members of the public who submit timely will be provided an opportunity to provide public comments during the Virtual Quasi-Judicial Hearing, by having their comments read in the record. Members of the public who submit any communication regarding an agenda item the same say as the Virtual Quasi-Judicial Hearing shall not have their communications read during the hearing, but the correspondence shall be timely distributed and included in the record

(i) Virtual Quasi-Judicial Hearing Procedures. A copy of the Virtual Quasi-Judicial Hearing Procedures shall be posted on the Village Website.

(j) Notice. Notice requirements as contained in the Village Code of Odinances shall apply to the Virtual Quasi-Judicial Hearing. Any notice for a matter to be heard at a Virtual Quasi-Judicial Hearing shall include a reference to the Virtual Quasi-Judicial Hearing Procedures and provide the method and access to view and provide comment during the meeting at which the Virtual Quasi-Judicial Hearing will occur.

(k) In the event the CMT malfunctions during the Virtual Quasi-Judicial Hearing, the Village shall use its best efforts to provide notice to all parties as to the date and time of the continuation of the Virtual Quasi-Judicial Hearing.

6. Virtual Quasi-Judicial Hearing Procedures.

(a) The Virtual Quasi-Judicial Hearing shall, to the extent possible, be conducted as follows:

(1) The Chair or Village Attorney shall read a statement at the beginning of the Virtual Quasi-Judicial Hearing portion of the meeting agenda, which shall outline the procedure to be followed.

(2) The Applicant, Staff, and all Participants shall be collectively sworn by oath or affirmation.

(3) The Chair shall call for disclosure of ex-parte communications by the members of the Quasi-Judicial Body. Such disclosures shall be made in accordance with these procedures.

(4) Prior to the scheduled Virtual Quasi-Judicial Hearing, if no public comments are received, the Applicant may waive its right to a Virtual Quasi-Judicial Hearing if the Applicant agrees with the Staff recommendation. The Quasi-Judicial Body may then vote on the Application, based upon the Staff report,

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as well as the agenda materials for the Application entered by Staff into the record of the hearing.

(4) If a Virtual Quasi-Judicial Hearing is held, the order of the presentation shall be as follows, unless the Quasi-Judicial Body agrees to a different order, taking proper consideration of fairness and due process:

a. Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file, which have not already been transmitted to the Quasi-Judicial Body, along with the agenda materials, as staff desires; summarize issues; and may provide a recommendation on the Application. Staff may also introduce and present the testimony of any witnesses at the hearing.

b. The Applicant shall make its presentation, including offering any exhibits, and introduce and provide the testimony of any witnesses.

c. The Intervenor(s), if any, make their presentation, including offering any exhibits, and introduce and provide the testimony of any witnesses.

d. The Village Clerk shall include in the record any comments in support of the Application that were submitted prior to the Virtual Quasi-Judicial Hearing.

e. The Village Clerk shall enter into the record any comments in opposition to the Application that were submitted prior to the Virtual Quasi-Judicial Hearing.

f. Any other Participants may be recognized and may submit public comment via any of the CMT utilized by the Village, which may include, but not be limited to, email, voice mail, and written correspondence.

g. Staff may cross-examine any witnesses and respond to any testimony presented. If any witness is unavailable at the hearing to be cross-examined, their testimony may be disregarded.

h. The Applicant and any Intervenor may cross-examine any witnesses and respond to any testimony presented. If any witness is unavailable at the hearing to be cross-examined, their testimony may be disregarded.

i. The Chair may choose to allow Participants to respond to any testimony if the Chair deems the response to be necessary to ensure fairness and due process.

j. Members of the Quasi-Judicial Body, through the Chair, may ask any questions of the Staff, Applicant and Participants.

k. Final argument may be made by the Staff, related solely to the evidence in the record.

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l. Final argument may be made by the Applicant, related solely to evidence in the record.

(5) The Chair shall keep order, and without requiring an objection, may direct a Party conducting the cross-examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross-examined, is unduly repetitious, not relevant or beyond the scope of the testimony by the individual being cross-examined. If the Party conducting the cross-examination continuously violates directions from the Chair to end a line of questioning deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the Chair may terminate the cross-examination.

(6) After the presentations, and at the conclusion of any continuances, the Quasi-Judicial Body shall deliberate on the Application. Once the Quasi-Judicial Body begins its deliberations, no further presentations or testimony shall be permitted except in the discretion of the Quasi-Judicial Body. The Quasi-Judicial Body's decision(s) must be based upon competent substantial evidence in the record.

(b) The Quasi-Judicial Body may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The Applicant shall have the right to one continuance; however, all subsequent continuances shall be granted at the discretion of the Quasi-Judicial Body.

(c) At any time prior to the Quasi-Judicial Body’s decision, the Applicant may withdraw an Application by requesting such withdrawal in writing or during the Virtual Quasi-Judicial Hearing.

7. Rules of evidence.

(a) The Quasi-Judicial Body shall not be bound by the strict rules of evidence, or limited only to consideration of evidence that would be admissible in a court of law.

(b) The Quasi-Judicial Body may exclude evidence or testimony which is not relevant, material, or competent, or testimony which is unduly repetitious or defamatory.

(c) The Quasi-Judicial Body will determine the relevancy of evidence.

(d) Matters relating to an Application's consistency with the Village Comprehensive Plan or Code of Ordinances will be presumed to be relevant and material.

(e) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in a court.

(f) The Village Attorney shall represent the Quasi-Judicial Body, and advise the Chair and Quasi-Judicial Body as to the procedures to be followed and the propriety, relevancy and admissibility of evidence presented at the hearing.

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(g) The Quasi-Judicial Body shall take judicial notice of all State and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida.

(h) Supplementing the record after the Virtual Quasi-Judicial Hearing is prohibited, unless specifically authorized by an affirmative vote of the Quasi-Judicial Body under either of the following conditions:

(1) The supplementation occurs after a Virtual Quasi-Judicial Hearing is continued but prior to final action being taken on the Application; or

(2) If a question is raised by the Quasi-Judicial Body during the hearing which cannot be

answered at the hearing, the Party to whom the question is directed may submit the

requested information via electronic communication to the Village’s authorized

representative after the Virtual Quasi-Judicial Hearing, with copies to the other Parties,

provided the hearing has been continued or another hearing has been scheduled for a

future date and no final action has been taken by the Quasi-Judicial body. The information

requested will be presented to the Quasi-Judicial body at the time of the continued hearing.

8. Final decision by the Quasi-Judicial body.

The final decision on an Application by the Quasi-Judicial Body shall be reduced to writing and dated as of the date issued and shall indicate the date filed in the Village Clerk's office. Notification of the Quasi-Judicial Body’s decision, including any Development Order, shall be provided by the Village Clerk to the Applicant by certified mail and electronic mail. Copies of the final decision may also be made available to any person who requests a copy from the Village Clerk.

9. Virtual Quasi-Judicial Hearing Record.

The Village Clerk shall maintain custody of all recordings of testimony, evidence, and documents submitted into evidence at the Virtual Quasi-Judicial Hearing in accordance with the Village’s record retention policy. This shall include the official file in the matter, as well as any document presented at the hearing or demonstrative exhibit(s) seen by the Quasi-Judicial Body while making its decision.

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North Bay Village 1666 Kennedy Causeway, Suite 300 North Bay Village, FL 33141 Tel: (305) 756-7171 Fax: (305) 756-7722 Website: www.nbvillage.com

Page 1 of 4

NORTH BAY VILLAGE, FLORIDA DECLARATION OF STATE OF EMERGENCY

WHEREAS, on March 1, 2020, Florida Governor Ron DeSantis issued Executive Order No. 20-51 declaring a public health emergency due to the public health threat resulting from the spread of the Novel Coronavirus Disease (COVID-19) in every county in the State of Florida, including Miami-Dade, to handle this public health threat; and WHEREAS, on March 9, 2020, Governor Ron Desantis signed Executive Order No.20-52, thereby declaring a public health emergency in the State of Florida due to the public health threat resulting from the spread of the Novel Coronavirus Disease (COVID-19); and WHEREAS, on March 11, 2020, Miami-Dade County Mayor Carlos Gimenez declared a state of emergency in Miami-Dade County; and WHEREAS, the World Health Organization's International Health Regulations Emergency Committee declared the outbreak a "public health emergency of international concern''; and WHEREAS, the U.S. Centers for Disease Control and Prevention (CDC) is recommending that travelers avoid nonessential travel to and from countries designated by the CDC as Level 3, which currently include China, Iran, South Korea; and other European Countries, and WHEREAS, the CDC is predicting that it is "likely'' that "widespread transmission" of COVID-19 will occur in the United States; and WHEREAS, it is the innate responsibility of the governing body of each political subdivision of the State of Florida to safeguard the life and property of its residents; and WHEREAS, in Miami-Dade County, Florida, mult ip le people have tested presumptively positive for the Coronavirus Disease (COVID-19), a serious respiratory illness that causes symptoms similar to influenza including coughing, fever, and shortness of breath; and WHEREAS, Coronavirus 2019 (CODVID-19) is a major worldwide pandemic and a possible impending threat to North Bay Village residents and Staff.

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North Bay Village 1666 Kennedy Causeway, Suite 300 North Bay Village, FL 33141 Tel: (305) 756-7171 Fax: (305) 756-7722 Website: www.nbvillage.com

Page 2 of 4

WHEREAS, Chapter 252, Florida Statutes, provides authority for a political subdivision to declare a State of Local Emergency and waive certain procedures and formalities otherwise required of political subdivisions by law; and WHEREAS, North Bay Village, pursuant to its home rule powers has adopted certain emergency procedures; and WHEREAS, Section 54.10 of the North Bay Village Code of Ordinances allows the Village Manager to issue a declaration of a state of emergency and the issuance of resolutions as required because of a condition which threatens or adversely affects the public health when a federal or a state, county or local emergency management agency informs the Village or the public that emergency conditions; and WHEREAS, the Village Manager, shall perform the function of Director of Emergency Management and shall implement, manage and report on all actions authorized and taken under the provisions of Title V, Chapter 54 of the North Bay Village Code of Ordinances. NOW, THEREFORE, I, Ra lph Rosado Ph .D. , AICP , as Manager of North Bay Village, by virtue of the authority vested in me by Title V, Chapter 54 of the North Bay Village, Florida Code of Ordinances, and all other applicable laws, promulgate the following to take immediate effect:

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North Bay Village 1666 Kennedy Causeway, Suite 300 North Bay Village, FL 33141 Tel: (305) 756-7171 Fax: (305) 756-7722 Website: www.nbvillage.com

Page 3 of 4

Section 1. Declaration Because of the foregoing conditions, and pursuant Title V,

Chapter 54 of the North Bay Village Code or Ordinances, I declare that a state of emergency exists in North Bay Village, Florida, due to the Coronavirus 2019 (CODVID-19) a condition which threatens or adversely affects the public health of our community.

Section 2. Emergency Management I shall perform the function of Director

of Emergency Management for the duration of this emergency and shall implement, manage and report on all actions authorized and taken under the provisions of Title V, Chapter 54 of the North Bay Village Code of Ordinances, including the execution of the Village's Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency, as allowed under law. As Director of Emergency Management, I shall have the powers, duties, and responsibilities listed in Section 54.04 of the North Bay Village Code of Ordinances. Pursuant to Section 54.05 of the North Bay Village Code of Ordinances, emergency resolutions authorized by Title V, Chapter 54 of the North Bay Village Code of Ordinances may include, but are not limited to, the following subjects:

1. Evacuation; 2. Curfews; declaration of areas off-limits; 3. Suspension or regulation of the sale of, or offer to sell, with or without

consideration; alcoholic beverages; explosives; or combustibles ; 4. Prohibiting the sale of merchandise, goods or services at more than the average

retail price; 5. Water use restrictions; 6. Suspension of local building regulations; 7. Regulating the use of and rationing of fuel, ice, and other essentials; 8. Emergency procurement procedures.

Section 3. Suspension of Local Laws Find that the Village may suspend any

local law, rule, or order that would in any way prevent, hinder , or delay any mitigation, response, or recovery action necessary to cope with this emergency.

Section 4. Restrictions Pursuant to Florida Governor Ron DeSantis Executive

Order No . 2 0 -5 1 a n d 2 0 -5 2 North Bay Village reserves any right, benefit, or assistance offered by the State in Executive Order No . 20-51 and 20-52, and reserves its right to waive the procedures and formalities otherwise required of North Bay Village by law pertaining to the items listed in the executive order.

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North Bay Village 1666 Kennedy Causeway, Suite 300 North Bay Village, FL 33141 Tel: (305) 756-7171 Fax: (305) 756-7722 Website: www.nbvillage.com

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Section 5. Effective Date This declaration of a state of emergency shall take

effect immediately and shall continue until threat or danger no longer exists and/or until declared to be terminated by the Village Manager or Village Commission pursuant to Section 54.05(e). DULY DECLARED AND EXECUTED by the Village Manager of North Bay Village, Florida, in accordance with Title V, Chapter 54 of the North Bay Village, Florida Code of Ordinances, this 1 2 day of March 2020.

Ralph Rosado, P.hD., AICP Village Manager North Bay Village

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RESOLUTION NO. 2020-

A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, DECLARING A STATE OF EMERGENCY DUE TO COVID-19; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order

Number 20-51 directing the State Health Officer and Surgeon General to declare a Public

Health Emergency due to the discovery of COVID-19/novel Coronavirus (“COVID-19”) in

Florida; and

WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order

Number 20-52 declaring a State of Emergency for the State of Florida related to COVID-

19; and

WHEREAS, on March 12, 2020, the Mayor of Miami-Dade County issued a

Declaration of Local State of Emergency in connection with COVID-19, responding to the

threat posed by COVID-19 which may require extraordinary and immediate actions by

Miami-Dade County in order to protect the public health, safety, and welfare; and

WHEREAS, finding that COVID-19 poses a health risk to North Bay Village’s (the

“Village”) residents, business owners, visitors, and beyond, the Village Manager on March

12, 2019 declared a state of emergency in the Village, in order to take precautionary

action to protect the safety, health, and welfare of the community; and

WHEREAS, pursuant to Chapter 54 of the Village Code of Ordinances, “any

declaration of a state of emergency and all emergency regulations activated under the

provisions of this article shall be confirmed by the Village Commission by resolution no

later than at the next regular meeting . . . . [disclosing] the reasons for actions proposed

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and taken to manage the emergency, and other pertinent data relating to the emergency

requiring the declaration”; and

WHEREAS, the Village Commission finds that this Resolution is in the best interest

of the health, safety, and welfare of the Village.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION

OF NORTH BAY VILLAGE, FLORIDA, AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are confirmed, adopted,

incorporated herein and made a part hereof by this reference.

Section 2. Confirmation of Declaration of State of Emergency for COVID-

19. The North Bay Village Declaration of Emergency issued by the Village Manager

Ralph Rosado on March 12, 2020 (the “Declaration”) related to the public health

emergency caused by the novel corona virus, identified as COVID-19 (“COVID-19”), and

related actions, including, but not limited to, the cancellation of public events and

meetings, the closure of businesses, the cessation or restriction of certain activities and

the imposition of curfews, are hereby confirmed. The Mayor and Commission concur with

the Village Manager’s findings in the Declaration that COVID-19 constitutes a highly

contagious virus that will cause widespread transmission resulting in a severe public

health risk and that the Declaration and the corresponding emergency measures are

needed to timely protect the health, safety, and welfare of the community.

Section 3. Transmittal. The Village Clerk is directed to transmit this Resolution

to all appropriate parties and as may be required by law.

Section 4. Effective Date. This Resolution shall become effective immediately

upon adoption.

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The foregoing Resolution was offered by _____________ who moved its adoption. The motion was seconded by __________________ and upon being put to a vote, the vote was as follows:

Mayor Brent Latham _____Vice Mayor Marvin Wilmoth _____Commissioner Jose R. Alvarez _____Commissioner Andreana Jackson _____Commissioner Julianna Strout _____

PASSED AND ADOPTED on this _____ day of _______, 2020.

_____________________________Brent Latham, Mayor

ATTEST:

____________________________Elora Riera, CMCVillage Clerk

APPROVED AS TO LEGAL SUFFICIENCY:

__________________________________Weiss Serota Helfman Cole & Bierman, PLVillage Attorney

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North Bay VillageRecommendation Memorandum

ITEM NO. 5C

DATE: April 22, 2020 TO: Honorable Mayor, Vice Mayor and Members of the Village Commission FROM: Elora Riera, Village Clerk SPONSOREDBY: SUBJECT: Reconsideration of Action Taken Regarding Dr. Douglas Hornsby

Settlement Agreement During March 12th Commission Meeting -Commissioner Andreana Jackson

RECOMMENDATION

BACKGROUND AND ANALYSIS

Douglas Hornsby, M.D. initiated litigation against North Bay Village demanding certaininjunctive relief and damages associated with the rescission of the Commission voteappointing Dr. Hornsby to the Village Commission (Douglas Hornsby, M.D. V. North BayVillage, Case No. 2018-2739 CA 01(21)). The parties had a mutual desire to resolve theLitigation and have reached an amicable resolution and did so at a mediation held onFebruary 13, 2020. The terms include:

1. A payment from the Village to Dr. Hornsby in the amount of $100,000.00, paid jointly bythe Village and the Village’s insurance carrier, Florida Municipal Insurance Trust; and

2. Formal recognition of Dr. Hornsby’s contribution to the Village to be had at a VillageCommission meeting;

3. Execution of mutual releases regarding the Litigation and the subject matter thereof;and

4. Upon adoption of the settlement terms by the Village, Dr. Hornsby shall dismiss theLitigation with prejudice.

The Village Commission approved the above settlement via Resolution No. 2020-015(attached). It is at the request of Commissioner Jackson that the action taken at the March 12, 34

2020 Commission Meeting be reconsidered.

BUDGETARY/FINANCIAL IMPACT (Finance Dept.)TBD

PERSONNEL IMPACTTBD

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RESOLUTION NO. 2020-015

A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, APPROVING THE TERMS OF SETTLEMENT FOR THE CASE, DOUGLAS HORNSBY, M.D. V. NORTH BAY VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO FINALIZE AND EXECUTE A SETTLEMENT, SUBJECT TO APPROVAL AS TO FORM AND LEGAL SUFFICIENCY, IN FURTHERANCE HEREOF; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Douglas Hornsby, M.D. initiated litigation against North Bay Village

(the “Village”) demanding certain injunctive relief and damages associated with the

rescission of the Commission vote appointing Dr. Hornsby to the Village Commission

(Douglas Hornsby, M.D. V. North Bay Village, Case No. 2018-2739 CA 01(21)) (the

“Litigation”); and

WHEREAS, the parties had a mutual desire to resolve the Litigation and have

reached an amicable resolution and did so at a mediation held on February 13, 2020;

and

WHEREAS, the Mayor and Commission desire to dispose of the Litigation and

settle the matter pursuant to the terms stated herein

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION

OF NORTH BAY VILLAGE, FLORIDA, AS FOLLOWS:

Section 1. Recitals. The above recitals are confirmed, adopted, and

incorporated herein and made a part hereof by this reference.

Section 2. Approval of Settlement Terms. The settlement of the Litigation

is hereby approved on the following terms:

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1. A payment from the Village to Dr. Hornsby in the amount of $100,000.00,

paid jointly by the Village and the Village’s insurance carrier, Florida

Municipal Insurance Trust; and

2. Formal recognition of Dr. Hornsby’s contribution to the Village to be had

Village Commission meeting;

3. Execution of mutual releases regarding the Litigation and the subject

matter thereof; and

4. Upon adoption of the settlement terms by the Village, Dr. Hornsby shall

dismiss the Litigation with prejudice.

Section 3. Authorization. The Village Manager is hereby authorized to

negotiate, finalize, and execute a settlement agreement and release in furtherance

hereof, subject to approval as to form and legal sufficiency by the Village Attorney.

Section 4. Implementation. The Village Manager and Village Attorney are

hereby authorized to take such further action as may be necessary to implement the

purpose and provisions of this Resolution.

Section 5. Effective Date. This Resolution shall take effect immediately upon

adoption.

THIS SPACE LEFT INTENTIONALLY BLANK.

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The foregoing Resolution was offered by Vice Mayor Wilmoth who moved its adoption. The motion was seconded by Commissioner Jackson and upon being put to a vote, the vote was as follows:

Mayor Brent Latham NO Vice Mayor Marvin Wilmoth YES Commissioner Jose R. Alvarez NO Commissioner Andreana Jackson YES Commissioner Julianna Strout YES

PASSED AND ADOPTED on this 12th day of March, 2020.

Brent Latham, Mayor ATTEST:

Elora Riera, CMC Village Clerk

APPROVED AS TO LEGAL SUFFICIENCY:

Weiss Serota Helfman Cole & Bierman, PL Village Attorney

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