VAB Backup Documents 06/29/2020 Item #12E (VAB Resolution 2020-05)VAB RESOLUTION 2020-05
A RESOLUTION OF THE VALUE ADJUSTMENT BOARD OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE USE OF COMMUNICATIONS MEDIA TECHNOLOGY FOR MEETINGS
WHEREAS, Collier County is under Federal, State, and Local States of Emergency for the COVID-19
virus pursuant to Executive Orders of the Governor for the State of Florida (Executive Order Nos. 20-51 and 20-
52) and the Collier County 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, Collier County's Proclamation, in accordance with Chapter 252, Florida Statutes, authorizes
the County to take all necessary action and issue any necessary orders to protect human health and safety; and
WHEREAS, the President of the United States in conjunction with the U.S. Department of Health &
Human Services through its Centers for Disease Control and prevention (CDC) has issued community mitigation
strategies which recommend aggressive social distancing measures, such as avoiding gatherings of more than 10
people; and
WHEREAS, recognizing the compelling need to protect life while at the same time maintaining the
functioning and continuity of government, the Governor issued Executive Order 20-69 (EO 20-69), which suspends
the requirement that local governing bodies have a quorum physically present in a specific public place to conduct
public meetings; and
WHEREAS, Executive Order 20-69 (EO 20-69), and any applicable extensions thereof, specifically
authorizes the use of communications media technology, as provided in Section 120.54(5)(b)2., Florida Statutes, to
conduct meetings of local governing bodies; and
WHEREAS, the use of communications media technology during the declared state of local emergency
due to COVID-19 to conduct meetings of the Collier County Value Adjustment Board and its Special Magistrate
Hearings will allow governance to continue while protecting the health and safety of elected officials, staff, and the
general public; and
WHEREAS, neither EO 20-69, nor any applicable extensions thereof, nor this Resolution suspend the
requirements of Florida's public records laws in any way or the Sunshine Law beyond the specific, discrete
parameters explicitly set forth in EO 20-69, and applicable extensions thereof, and this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE VALUE ADJUSTMENT BOARD OF
COLLIER COUNTY, FLORIDA, that:
1. The above recitals are true and correct and are incorporated herein.
2. The Collier County VAB Hybrid Remote Public Meeting Procedures, attached hereto as Exhibit A, are
hereby adopted and incorporated herein.
3. This Resolution shall expire at the expiration of EO 20-69, including any extensions, unless the
Governor issues new orders resuspending the requirement that local governing bodies have a quorum
physically present in a specific public place to conduct public meetings.
4. This Resolution shall be effective upon filing with the VAB Clerk.
This Resolution of the Value Adjustment Board adopted this day ofk)—C , 2020, after
motion, second and majority vote.
ATTEST:
CPYSTAI K. KINZEL, CLERK
Chal _ � ty �ca
e only.
60roVed as to form
and' legal sufficiency:
Cosby, Esq.
VAB Legal Counsel
VALUE ADJUSTMENT BOARD
COLLIER WUNTY, FLO
1/0
BY: e^
Chairman
EXHIBIT A
Collier County Value Adjustment Board Hybrid Remote Public Meeting Procedures
As recognized and authorized by Governor DeSantis' Executive Order No. 20-69 (EO 20-69), as extended, the
COVID-19 pandemic has created the need to modify procedures for public meetings to enable official public
business to be conducted. These procedures are applicable when a public meeting is conducted utilizing both in -
person and remote participation (hybrid remote public meeting). These procedures may be modified to permit
various options for public participation during meetings and alternative technical solutions.
A hybrid remote public meeting may be conducted to facilitate the telephonic or remote participation of
members of boards/committees/agencies, staff and consultants during the pendency of the COVID-19
pandemic. Such meetings will be conducted to be consistent with Chapter 28-109 Florida Administrative Code
(F.A.C.), Conducting Proceedings by Communications Media Technology (attached hereto).
Social distancing guidelines shall be applicable to both remote and in -person components of a hybrid remote
public meeting.
3. Committee or board members in a hybrid remote public meeting shall count toward a quorum requirement as
if they were physically present.
4. A hybrid remote public meeting may be conducted for any public hearing including quasi-judicial proceedings,
provided that all legal requirements can be met.
5. Participants required to provide sworn testimony as part of a hybrid remote public meeting/hearing must be
physically present. If they are not able to be physically present, they must submit a notarized, sworn -to
statement, of their participation and testimony under oath at their scheduled meeting/hearing (NAME) on
(DATE) is true and accurate to the best of their knowledge.
6. Public access to a hybrid remote public meeting must be provided where those participating in -person are
physically located. Members of the public who are participating in -person will be allowed to speak during the
public comment portion of a hybrid remote public meeting.
7. An opportunity for remote public comment will also be provided. Information about how to register in -advance
will be included in the public meeting notice and any public outreach information to include a deadline for
registering. Those registering to speak will be provided call -in information and will be called upon individually
during the appropriate public comment period. All comments must be civil and appropriate in a public context.
Violators will be muted.
8. Until further notice, all hybrid remote public meetings will be conducted in the:
Harmon F. Turner Administrative Building, 3299 Tamiami Trail East, Naples, FL 34112.
9. Conducting a hybrid remote public meeting requires the approval of the Value Adjustment Board or VAB
Designee, such as the VAB Legal Counsel or the Clerk to the Value Adjustment Board.
10. Staff will ensure that individuals who will be participating remotely will be given written instructions on how
to participate remotely.
11. To ensure that all individuals have been heard, the Chair or the Special Magistrate of the meeting should
repeatedly and loudly ask if there are any other comments/questions. (For VAB meetings, the Chair may
conduct a roll call vote and may want to conduct a roll call for comments to ensure everyone has the opportunity
to speak without speaking over each other).
12. All individuals participating in hybrid remote public meetings must identify themselves each time they speak.
13. Individuals participating by phone will not have the benefit of visual presentations unless the meeting is
televised or conducted using remote access software. Individuals participating by phone and those in attendance
must keep in mind that there is a delay in the broadcast. The Chair/Special Magistrate may need to account for
this as s/he conducts the meeting.
14. Procedures may be modified provided that such modifications are consistent with law, including Governor
DeSantis' Executive Order No. 20-69, as extended and/or modified, and Chapter 28-109, Conducting
Proceedings by Communications Media Technology.