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Agenda 08/09/2022 Item #16F 5 (Affordable Housing Advisory Committe Communication)08/09/2022 EXECUTIVE SUMMARY Recommendation to accept the County Manager's decision to allow members of the Affordable Housing Advisory Committee to participate in meetings by communications media technology to vote during the Board's summer recess. OBJECTIVE: To allow for sufficient membership participation requirements at meetings during the Board's summer recess. CONSIDERATIONS: On July 14, 2022, the Chair of the Affordable Housing Advisory Committee (AHAC) communicated with the County Attorney's Office seeking clarification related to committee members participating via Zoom during the committee's meetings. The Chair cited that previous staff direction allowed members to participate but was not counted towards quorum requirements nor permitted to vote. The County Attorney responded indicating that committee membership attendance via Zoom was a matter of Board policy. Additionally, the Chair was referred to the current County Manager's Agency policy (CMA) 5411 that requires County Manager authorization to hold hybrid remote meetings that utilize Zoom or other communications media technology. The CMA was revised as a result of the COVID pandemic to extend the use of remote participation. The participation of an absent member is allowed as long as a quorum of the committee is physically present and where extraordinary circumstances exist as determined by the good judgment of the committee. The County Manager has approved the Chair's request for the summer meetings. An item will be placed on Board’s agenda at an upcoming regular meeting to consider any further revisions of the Board policy related to remote participation. FISCAL IMPACT: There is no Fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: To accept the County Manager's decision to allow members of the AHAC participating in meetings by communications media technology to vote during the Boards summer recess under CMA 5411. Prepared by: Amy Patterson, County Manager ATTACHMENT(S) 1. CMA 5411 Hybrid Remote Public Meetings (PDF) 16.F.5 Packet Pg. 342 08/09/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.5 Doc ID: 22919 Item Summary: Recommendation to accept the County Manager's decision to allow members of the Affordable Housing Advisory Committee to participate in meetings by communications media technology to vote during the Boards summer recess. Meeting Date: 08/09/2022 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 08/09/2022 8:54 AM Submitted by: Title: Deputy County Manager – County Manager's Office Name: Amy Patterson 08/09/2022 8:54 AM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/09/2022 8:57 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/09/2022 4:19 PM Board of County Commissioners Geoffrey Willig Meeting Pending 08/09/2022 9:00 AM 16.F.5 Packet Pg. 343 CMA #5411 HYBRID REMOTE PUBLIC MEETINGS Page 1 of 3 [Effective Date: October 1, 2021] § 5411-1. Purpose. The purpose of this Instruction is to provide for hybrid remote public meetings that may be conducted to facilitate the telephonic or remote participation of members of boards, committees, agencies, staff, consultants, and the public. § 5411-2. Definitions. A. Access Point - means a designated place where a person interested in attending a communications media technology proceeding may go for the purpose of attending the proceeding. B. Attend - means having access to the communications media technology networ k being used to conduct a proceeding. C. Communications Media Technology (CMT) – means the electronic transmission of printed matter, audio, full-motion video, freeze frame video, compressed video, and digital video by any method available. D. Hybrid Remote Public Meeting - means a public meeting conducted utilizing both in-person and remote participation via communications media technology. § 5411-3. Procedures. A. Approval of Hybrid Remote Public Meetings (1) Conducting a hybrid remote public meeting requires the authorization of the County Manager or their designee. The County Manager or their designee is the final decision - maker on all scheduling or technical conflicts. (2) Prior to a board, committee, or agency staff member or consultant establishing t he use of CMT for conducting hybrid remote public meetings, staff for said entity must: a. Obtain authorization from the County Manager or their designee. Staff will submit to the County Manager or their designee a proposed plan for facilitating the meetings, which will include all staff responsible for or to be in attendance at the meetings; the dates, places, and times of the proposed meetings; and the manner in which the proposed meetings will be conducted. If approved, b. Contact the County Attorney who will review the proposed process to assure all legal requirements can be met. c. Coordinate with the Communications or Television Operations Manager and IT, when necessary, to ensure that CMT employed is appropriate for meeting facilitation and to ensure that the entity’s staff are appropriately trained for its utilization. d. Coordinate with the Chair and other members of the committee or board. 16.F.5.a Packet Pg. 344 Attachment: CMA 5411 Hybrid Remote Public Meetings (22919 : Zoom Advisory Meeting Attendees) CMA #5411 HYBRID REMOTE PUBLIC MEETINGS Page 2 of 3 B. Notice of a Hybrid Remote Public Meeting A hybrid remote public meeting notice shall provide all information required by law for an in- person public meeting and shall include: (1) The address or addresses of all access points where an interested person may go for the purpose of attending the proceeding. (2) An address, e-mail address, and telephone number where an interested person may write or call for additional information. An opportunity for remote public comment will be provided for any hybrid remote public meeting. Information on how to register in advance of the hybrid remote public meeting and the deadline for such registration for remote public comment will be included in the public meeting notice. The public notice provided for each hybrid remote public meeting should include the following: “Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues.” C. Conducting a Hybrid Remote Public Meeting A hybrid remote meeting may be conducted for any public hearing, including quasi-judicial proceedings, provided that all legal requirements can be met. If a quorum is physically present, the participation of a n absent member by communications media technology is permissible when such absence is due to extraordinary circumstances such as illness. An extraordinary circumstance shall be determined in the good judgment of the board or committee. Participants required to provide sworn testimony as part of a hybrid remote public meeting must be physically present. 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. Entity staff will ensure that individuals who will be participating remotely will be given written instructions on how to participate remotely. Remote public comment 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. All speakers participating electronically must b e 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. All individuals participating in hybrid remote public meetings must identify themselves each time they speak. 16.F.5.a Packet Pg. 345 Attachment: CMA 5411 Hybrid Remote Public Meetings (22919 : Zoom Advisory Meeting Attendees) CMA #5411 HYBRID REMOTE PUBLIC MEETINGS Page 3 of 3 Rules of decorum applicable to meetings of the Board of County Commissioners shall apply to all County hybrid remote public meetings. At the discretion of the Chair, participants attending remotely may be disconnected from the hybrid remote public meeting for violating the rules of decorum. All public comment in a hybrid remote public meeting will be limited to a maximum of three (3) minutes unless the Chair, 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. 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 may need to account for this as they conduct the meeting. D. Annual Review On July 1 of each year, each board and committee utilizing an approved hybrid remote public meeting format will provide a report to the County Manager or their designee summarizing each of the following (where applicable): (1) Average number of board or committee members utilizing the remote option for meeting participation (outside of the required in-person quorum). (2) Average number of public commenters utilizing the remote option to provide citizen input. (3) Average number of public commenters providing in-person citizen input. (4) Any proposed change to their current hybrid remote public meeting format. (5) Any updated hybrid public meeting staff facilitator direct contact information. The County Manager or their designee will review the report and determine if hybrid remote public meeting utilization by the board or committee will be reauthorized. § 5411-3. Currency. The Communications, Government & Public Affairs Division is responsible for maintaining the currency of this Instruction. 16.F.5.a Packet Pg. 346 Attachment: CMA 5411 Hybrid Remote Public Meetings (22919 : Zoom Advisory Meeting Attendees)