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Backup Documents 05/26/2020 Item #11EORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 1 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. .11tach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. Risk A.fa e Risk Management. 3. County Attorney Office County Attorney Office JAK 5-26-20 4. BCC Office Board of County Commissioners B IV , 5. Minutes and Records Clerk of Court's Office 01 _ )4. "SAP PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey Klatzkow/County Attorney's Office 239-252-8400 Contact / Department Agenda Date Item was May 26, 2020 Agenda Item Number HE Approved by the BCC Type of Document Executive Order establishing Hybrid Virtual Number of Original I Attached Quasi -Judicial Hearing Procedures during Documents Attached declared emergencies. PO number or account N/A number if document is to be recorded W INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not avororpriate. Initial Applicable) 1. Does the document require the chairman's original signature? STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed bv the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on May 26, 2020 and all changes made JAK N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the PIIs option for Chairman's signature. line. ***Please send a copy to Jeremy Frantz, A.ICP, Land Development Code Manage *** I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 !1� Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, June 1, 2020 12:57 PM To: ashton_h; RodriguezWanda; FrantzJeremy Subject: Emergency Executive Order 2020-04 (5-26-20 Item #11 E) Attachments: Emergency -Executive Order 2020-04.pdf Good Afternoon, An executed copy of EwKergency/Executive Order No. 2.02.0-04, adopted by the 13CC Tuesday, May 2-6, 2A2A (Itew► #9-1E) is attached for your records. Thank you! Ann Jennejohn BMR Senior Deputy Clerk Clerk to the Value Adjustment Board Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jenneiohn(@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com 1 11E EMERGENCY/EXECUTIVE ORDER NO. 2020 - 0 4 AN EXECUTIVE ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR HYBRID VIRTUAL QUASI- JUDICIAL HEARING PROCEDURES DURING THE CURRENT COVID-19 STATE OF EMERGENCY WHEREAS, COVID-19 is a respiratory illness caused by a virus that spreads rapidly from person to person, which may result in serious illness or death, and which constitutes a clear and present danger to the health, welfare and safety of the citizens of Collier County; and WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency as a result of COVID-19, and on March 9, 2020, Governor DeSantis issued Executive Order 20- 52, declaring a State of Emergency as a result of COVID-19, which has been supplemented by subsequent Executive Orders all relating to the threat of COVID-19, which Orders are incorporated herein; and WHEREAS, on March 16, 2020, the Board of County Commissioners of Collier County, Florida adopted Proclamation/Resolution No. 2020-50 declaring a state of emergency due to COVID-19 for all territory within the legal boundaries of Collier County; and WHEREAS, Florida Statutes Sec. 252.38 provides that "Safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state;" and WHEREAS, Florida Statutes Sec. 252.46 provides in relevant part that "In accordance with the provisions of Chapter 120, the political subdivisions of the state ... are authorized and empowered to make, amend, and rescind such orders and rules as are necessary for emergency management purposes..." so long as such powers are not in conflict with the State; and WHEREAS, Governor DeSantis' Executive Order No. 20-69 specifically provides: "Section 1: I hereby suspend 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. Section 2: 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... Pagel of 3 ! lE Section 3. This Executive Order does not waive any other requirement under the Florida Constitution and "Florida's Government in the Sunshine Laws," including Chapter 286, Florida Statutes. Section 4. This Executive Order shall expire at the expiration of Executive Order 20-52, including any extension." ; and WHEREAS, Governor DeSantis directed that Executive Order No. 20-69 shall expire at the expiration of his Executive Order 20-52, including any extension thereof, which the Governor extended on May 8, 2020 for an additional sixty days from that date; and WHEREAS, on April 28, 2020, the Board of County Commissioners of Collier County, Florida adopted Emergency/Executive Order No. 2020-01, which implemented Collier County Hybrid Remote Public Meeting Procedures to facilitate conducting the Board's meetings, including its advisory boards, councils and committees during the COVID-19 declared state of emergency; and WHEREAS, on May 12, 2020, during a regular meeting of the Collier County Board of County Commissioners the Board discussed its interest in implementing procedures to conduct hybrid virtual quasi-judicial proceedings before the Board, the Collier County Planning Commission, and its other Quasi -Judicial bodies to insure fair hearings that are accessible to the public and to all participants to such proceedings, while allowing for the Centers for Disease Control's direction to practice "social distancing"; and WHEREAS, on May 26, 2020, during a regular meeting of the Collier County Board of County Commissioners the Board reviewed and approved the attached Hybrid Virtual Quasi - Judicial Hearing Procedures to be implemented during declared emergencies to include the COVID-19 pandemic; and WHEREAS, the Board of County Commissioners believes that these procedures are necessary to promote the health, safety and welfare of the County residents and the general public. NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Collier County Hybrid Virtual Quasi -Judicial Hearing Procedures During Declared Emergencies attached hereto as Exhibit "A," is hereby approved, adopted and shall be Page 2 of 3 !lE implemented by all Collier County boards, the Collier County Planning Commissions and its other Quasi -Judicial bodies. 2. The attached Collier County Hybrid Virtual Quasi -Judicial Hearing Procedures supplements and amends Collier County Executive Order No. 2020-01, County Resolution No. 98-167, and County ordinances and resolutions governing land use matters. 3. The attached procedures are hereby ordered to be followed immediately. 4. Effective Date; Duration. This Order shall remain in effect as long as the Governor DeSantis' Executive Order 20-52 remains in effect, including any extensions by the Governor. THIS ORDER ADOPTED after motion, second, and majority vote favoring same this 26th day of May, 2020. ATTEST: . `„ , CRYSTA : U EL, CLERK By: a `C- s eputy Clerk 1 skILI.r`�� Jeffrey 4. 1Klizkow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BURT L. SAUNDERS, Chairman Item # l is Agenda S—?Jwr� Cate Date �.►� '� ReCd Page 3 of 3 !lE COLLIER COUNTY HYBRID VIRTUAL QUASI-JUDICIAL HEARING PROCEDURES DURING THE DECLARED COVID-19 EMERGENCY 1. Applicability. These procedures allow for the use of communications media technology (CMT) pursuant to Executive Order No. 20-69, Section 120.54(5)(b)(2), Florida Statutes, and supplement and amend Collier County Executive Order No. 2020-01, County Resolution No. 98-167, and County ordinances and resolutions governing land use matters. A hybrid quasi-judicial proceeding allows for in person participation and CMT participation as described in these procedures. 2. Ex parte communications. All ex parte disclosures by the Board of County Commissioners or members of the Planning Commission, or other body subject to ex parte communication disclosures (Quasi - Judicial Body), who are appearing virtually, will be made in writing before the public hearing. Unless waived by an individual Commissioner of the Board of County Commissioners, there will be no ex parte communication by any parry to the proceeding beginning five business days before each public hearing. Staff will send the written disclosures electronically to the Applicant and any person that requests a copy. 3. General procedures. (a) Condition to Scheduling Hearing. When an Application has progressed to the point of scheduling a quasi-judicial hearing (as determined by the County), Applicants shall choose either (i) delaying consideration of their Application and proceeding with the public hearing, after the declared emergency has ended, at a meeting that is not a hybrid virtual meeting; or (ii) proceeding during the declared emergency, while the County conducts a hybrid virtual meeting, and waiving Applicant's right to contest any procedural irregularity. Such election by an Applicant shall be provided in writing. (b) Oaths. A person who appears remotely before the Quasi -Judicial Body who is not a parry or party -intervenor shall be allowed to testify before the Quasi -Judicial Body, subject to control by the Quasi -Judicial Body, and may be requested to respond to questions from the Quasi - Judicial Body, but shall not be sworn as a witness, is not subject to cross-examination, and is not required to be qualified as an expert witness. The Quasi -Judicial Body shall assign weight and credibility to such testimony as it deems appropriate. A party or party -intervenor in a quasi-judicial proceeding on local government land use matters, upon request by another party or party -intervenor, shall be sworn as a witness, shall be subject to cross-examination by other parties or party - intervenors, and shall be required to be qualified as an expert witness, as appropriate. Each Staff person participating remotely may be sworn one time for all quasi-judicial proceedings during the duration of the Declared Emergency. Rev. 5-15-20 Page 1 of 3 11E (c) Technical Malfunction During Hearing. In the event the County's communications media technology malfunctions during the Hybrid Virtual Quasi -Judicial Hearing, the County shall use its best efforts to provide notice to all parties as to the date and time of the continuation of the Hybrid Virtual Quasi -Judicial Hearing. (d) Record. The Clerk shall maintain custody of all recordings of testimony, evidence, and documents submitted into evidence at the Virtual Quasi -Judicial Hearing in the same manner as for non -emergency quasi-judicial hearings. (e) Notice. The notice of Hybrid Virtual Quasi -Judicial Hearing will provide the instructions for accessing the meeting using CMT. 4. Hybrid Virtual Quasi -Judicial Hearing Procedures. Public meetings conducted as hybrid virtual meetings will be conducted in accordance with the procedures in County Resolution No. 98-167 subject to the following: a) Quorum; Voting. Unless a physical quorum is required, any requirement that the voting members be physically present at the meeting, either to vote or to be counted for quorum requirements, is hereby waived for the duration of the declared State of Emergency provided that a quorum of such members participate in the meeting by means of a hybrid virtual meeting. If there is not a physical quorum present at the meeting, the Chairman or his designee will call the roll and verbally verify that a quorum is present at the beginning of the meeting and all voting shall be conducted verbally by roll call. b) Staff and Applicant Participation. Unless waived by a majority of the voting members of the Quasi -Judicial Body, the Applicant and its witnesses will attend the meeting in person. Staff and its witnesses may attend in person or electronically. c) General Public. The public may attend in person or electronically. All public comment or participation will be limited to a maximum of 3 minutes, unless the Chairman, in their discretion allows additional time. Remote participants will not be allowed to receive speaking time from another speaker or to provide speaking time to another speaker. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. d) Participation by way of electronic media. All speakers participating electronically must be recognized by the Chair prior to speaking, and no more than one person will speak at the same time. To facilitate the orderly conduct of the meeting, the County will "mute" or otherwise disable the lines of members of the public until such time as they are recognized to speak. Interested persons desiring to provide public comment should comply with the directions provided in the meeting notice and/or otherwise described by the Chair and/or County staff operating the electronic media. Electronic participants will be placed in a queue on a first -come, first serve basis, and will be notified by a member of County staff when they will be permitted to speak. Rev. 5-15-20 Page 2 of 3 !lE (e) Order of presentation. The initial presentation will be by Applicant followed by Staff s presentation. Applicant and Staff are limited to the use of Powerpoint. Unless approved by the Chair, a visualizer will not be available. S. Technical Information for CMT Quasi -Judicial Hearings. (a) Participating in the Virtual Quasi Judicial Public Meeting. Individuals who would like to participate remotely, should register in advance through the link provided on the front page of the county website at www.colliercopptyfl.g-ov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Virtual meeting attendees will be able to hear the members of the Quasi -Judicial Body and other persons when speaking. (b) Viewing the Virtual Quasi -Judicial Public Meeting. The meeting may be viewed online via livestreaming at www.colliercountyfl.gov. or live on Comcast Channel 97, within the County limits. The public will be able to listen to the meeting, but no comments can be made without registering in advance in accordance with the prescribed procedure. Rev. 5-15-20 Page 3 of 3 Hybrid Virtual Quasi -Judicial Hearing Procedures Ex Parte Communications Disclosures by Commissioners appearing virtually made in writing before the public hearing. No ex parte nmunication beginning five days before the aring unless waived by the Commissioner Applicant waives right to contest procedural irregularities — in writing. Virtual participants: Shall not be sworn as a witness Not subject to cross-examination Not required to be qualified as an expert witness Staff participating virtually may be sworn one time for all quasi-judicial proceedings during the state of emergency M Voting members not required to be present for vote or quorum. Votes conducted by roll call. Applicant and its witnesses must attend the meeting in person unless waived by a majority of the voting members of the Quasi -Judicial Body. Public may attend in person or electronically. Remote participants not allowed to receive speaking time from another speaker. Remote participation is provided as a courtesy and at the user's risk. Register in advance to Qparticipate remotely www.colliercountyfl.gov Survey &email response will provide instructions on participating remotely. Regular viewing of meetings available online or Channel 97. Finalized Procedures