BCC Minutes 07/14/2020 RJuly 14, 2020
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, July 14, 2020
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
Chairman: Burt L. Saunders
Andy Solis
William L. McDaniel, Jr.
Donna Fiala
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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July 14, 2020
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
July 14, 2020
9:00 AM
Commissioner Burt Saunders, District 3 – Chair
Commissioner Andy Solis, District 2 – Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Penny Taylor, District 4
Commissioner William L. McDaniel, Jr., District 5; CRAB Co-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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July 14, 2020
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation Given
2. AGENDA AND MINUTES
A. Approval of Today’s Regular, Consent and Summary Agenda as Amended
(Ex Parte Disclosure provided by Commission Members for Consent
Agenda).
Approved and/or Adopted w/changes – 5/0;
Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2
B. June 2, 2020 BCC Special Meeting Minutes
Approved as presented – 5/0
C. June 9, 2020 BCC Meeting Minutes
Approved as presented – 5/0
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July 14, 2020
D. June 18, 2020 - BCC Budget Workshop Meeting Minutes
Approved as presented – 5/0
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
Nicholas Quist - Recognized by County Manager (See Item #16F1)
4. PROCLAMATIONS
Census Partnership Plan - Read into the record by Commissioner Taylor (See
Item #16H1)
5. PRESENTATIONS
A. Presentation by the County’s Director of the Bureau of Emergency Services
regarding hurricane preparedness and operations for the 2020 Hurricane
Season (All Districts)
Presented by Dan Summers
6. PUBLIC PETITIONS
A. Public Petition request from Judith Hushon regarding installing charging
stations at public facilities.
Discussed; County Manager to bring back a staff analysis, including the
cost benefit - Consensus
7. To be heard no sooner than 1:00 p.m. Public Comments on General Topics not
on the Current of Future Agenda.
No speakers
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
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July 14, 2020
A. Recommendation not to approve an Ordinance for a single Petition from the
2018 Cycle Three of Growth Management Plan Amendments for an
Amendment Proposed to the Future Land Use Element to Establish the
Ventana Pointe Residential Overlay and not to approve for Transmittal to the
Florida Department of Economic Opportunity for Review and Comments
Response. [PL20180002668/CP-2018-7] (Adoption Hearing)
(Companion to Item #9B) (District 5)
Ordinance 2020-21: Motion to approve Item #9A – Adopted 5/0: Motion
to direct staff to award two dwelling units to non-village developments –
Approved 5/0; Motion for staff to bring contribution to Conservation
Collier – Approved 5/0
B. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, which established the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Rural Agricultural
zoning district within the Rural Fringe Mixed Use District Overlay -
Receiving Lands to a Residential Planned Unit Development (RPUD)
zoning district for the project to be known as Ventana Pointe RPUD, to
allow construction of up to 77 detached single family dwelling units on
property located on the south side of Immokalee Road, approximately two
miles east of Collier Boulevard, in Section 25, Township 48 South, Range
26 East, consisting of 37.62± acres; and by providing an effective date.
[PL20180002669] (This is a companion to Agenda Item #9A) (District 5)
Ordinance 2020-22 Adopted – 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to direct the County Manager to work with the Naples
Senior Center (NSC) team to explore opportunities to locate on public
property or other alternative private sites in the county.
(Commissioner McDaniel) (All Districts)
Approved – 5/0
B. Recommendation to direct the County Manager, or designee, to develop a
scope, estimated cost and schedule for a combined Vulnerability Assessment
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July 14, 2020
and Adaption Planning Study related to sea-level rise for future
consideration. (Commissioner Taylor) (All Districts)
Motion for the County Manger to bring back findings in the fall -
Approved 5/0
C. Recommendation to adopt a resolution designating the area located in the
District 2 Industrial Park area as a cultural arts district.
(Commissioner Solis) (District 2)
Resolution 2020-132 Adopted - 5/0
D. Discussion of proposal by the Citizens Climate Lobby.
(Commissioner Saunders) (All Districts)
After additional information is provided to the Commission, this item
will be brought back for further discussion in the Fall
E. This item to be heard no sooner than 1:00 p.m. Recommendation that the
Board direct the County Attorney to advertise and bring back for a Special
Hearing an Ordinance mandating that individuals wear a face covering in
public. (Commissioner Solis) (All Districts)
Failed - 2/3 (Commissioner Taylor, Commissioner Fiala and
Commissioner McDaniel opposed)
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a resolution establishing Proposed Millage Rates
as the Maximum Property Tax Rates to be levied in FY 2020/21 and
Reaffirm the Advertised Public Hearing dates in September 2020 for the
Budget approval process. (Mark Isackson, Director of Corporate Financial
Planning and Management Services) (All Districts)
Resolution 2020-133 Adopted - 5/0
B. Recommendation to approve allocations of the Coronavirus Relief Fund
appropriation to Collier County in the amount of $67,162,425. (Sean
Callahan, Executive Director, Corporate Business Operations) (All Districts)
Motion to approve as presented – Approved 5/0
One Motion Taken to Approve Item #11C through Item #11K
C. Recommendation to award Agreement No. 19-7632 for Construction
Engineering and Inspection (“CEI”) and Related Services for "Eleven
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July 14, 2020
Bridge Replacements East of SR 29" to HighSpans Engineering, Inc., in a
not to exceed amount of $3,184,809.50. (Marlene Messam, Principal Project
Manager, Transportation Engineering Division) (District 5)
Approved – 5/0
D. Recommendation to award Invitation to Bid (“ITB”) #20-7719, Palm River
Blvd Bridge Replacement (Project No. 66066), to ZEP Construction, Inc., in
the amount of $1,295,966.06, and authorize the Chairman to sign the
attached Agreement. (Jay Ahmad, Director, Transportation Engineering)
(District 2)
Approved – 5/0
E. Recommendation to award Bid Number #20-7770, “South County Water
Reclamation Facility (SCWRF) Modifications to Clarifier #2,” to
Contractor, PWC, Joint Venture LLC, in the amount of $1,599,700 for
Project Number 70270, and approve the necessary budget amendments.
(Tom Chmelik, Public Utilities Engineering and Project Management
Division) (District 1)
Approved – 5/0
F. Recommendation to award Invitation to Bid No. 20-7769, “South County
Regional Water Treatment Reactor Tank No. 4,” Project #70135, to Mitchell
& Stark Construction Company, Inc., in the amount of $3,843,000, and
authorize the Chairman to sign the attached agreement. (Companion to
Agenda Item 12743) (Tom Chmelik, Public Utilities Engineering and
Project Management) (All Districts)
Approved – 5/0
G. Recommendation to award Contract #19-7633 “South County Regional
Water Treatment Reactor Tank No. 4 - CEI Services,” Project #70135, to
Stantec Consulting Services, Inc., in the amount of $318,640, for
Construction Engineering Inspection Services. (This is a companion to
Agenda Item 12742) (Tom Chmelik, Public Utilities Engineering & Project
Management). (All Districts)
Approved – 5/0
H. Recommendation to award Invitation to Bid (“ITB”) No. 20 -7747-ST,
Immokalee Health Building HVAC and Roof Replacement Project, to DEC
Contracting Group Inc., in the amount of $1,266,093 and authorize the
Chairman to sign the attached agreement. (John McCormick, P.E., Principal
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July 14, 2020
Facilities Engineer, Facilities Management Division) (All Districts)
Approved – 5/0
I. Recommendation to award Invitation to Bid ("ITB") No. 20-7741, "Carica
Pump and Pipe Improvements," (Project Number 71067), to Florida Design
Drilling Corporation, in the amount of $1,354,000, and authorize the
Chairman to sign the attached agreement. (Tom Chmelik, Public Utilities
Engineering and Project Management) (District 2)
Approved – 5/0
J. Recommendation to approve and authorize the Chairman to execute a
Seventh Amendment in the amount of $1,637,264 to Agreement No. 04 -
3673 with Carollo Engineers, Inc., pertaining to the design of the Northeast
Water Reclamation Facility and Water Treatment Plant, and to authorize the
necessary budget amendments. (Craig Pajer, Public Utilities Principal
Project Manager) (District 5)
Approved – 5/0
K. Recommendation to award Invitation to Bid (“ITB”) No. 20 -7752, “Hickory
Road Water Main Improvements” (Project Number 70129), to Haskins, Inc.,
in the amount of $1,377,246.50, and authorize the Chairman to sign the
attached agreement. (Tom Chmelik, Public Utilities Engineering and Project
Management) (District 2)
Approved – 5/0
L. This item to be heard no sooner than 1:00 p.m. Recommendation to
accept the COVID-19 Status Report and provide further direction as
appropriate. (Steve Carnell, Department Head, Public Services Department)
(All Districts)
Presented by John Drew, Health Department
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
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July 14, 2020
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jeff Klatzkow – Charlotte County did not pass a mask mandate
B. Commissioner Saunders – Acknowledging Mark Strain and Stan
Chrzanowski for their service to the County
C. Adjourned - Consensus
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted w/Changes – 5/0: Commissioner McDaniel voted “no” on
Items #16G4, #16G5 and #16F2 (During Agenda Changes)
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Isles of
Collier Preserve Phase 10D, PL20180003662 and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent. (District 4)
A final inspection was conducted on May 7, 2020 and found the
facilities to be satisfactory
2) Recommendation to approve final acceptance of the potable water and
sewer facilities for Kohl’s, PL20110001976, accept the conveyance of
a portion of the potable water facilities, and to authorize the County
Manager, or his designee, to release the Utilities Performance Security
(UPS) and Final Obligation Bond in the total amount of $13,547.69 to
the Project Engineer or the Developer’s designated agent. (District 2)
A final inspection was conducted on May 18, 2020 and found the
facilities to be satisfactory
3) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Bent
Creek Preserve Phase 2B, PL20180003037 and to authorize the
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July 14, 2020
County Manager, or his designee, to release the Final Obligation Bond
in the amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 5)
A final inspection was conducted on May 28, 2020 and found the
facilities to be satisfactory
4) Recommendation to approve final acceptance of the potable water and
sewer facilities for Thrive @ Naples, PL20180000748, accept the
conveyance of a portion of the potable water and sewer facilities, and
to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of $57,190.25 to the Project Engineer or the
Developer’s designated agent. (District 4)
A final inspection was conducted on May 26, 2020 and found the
facilities to be satisfactory
5) Recommendation to approve final acceptance of the potable water and
sewer facilities for Gateway Shoppes Expansion, PL20180003733,
accept the conveyance of a portion of the sewer facilities, and to
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of $38,378.38 to the Project Engineer or the Developer’s
designated agent. (District 2)
Located on the northeast corner of US 41 and Wiggins Pass Road
6) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Trevi Phase 2, PL20180001898, and to
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of $16,792.01 to the Project Engineer or the Developer’s
designated agent. (District 1)
A final inspection was conducted on June 3, 2020 and found the
facilities to be satisfactory
7) Recommendation to approve final acceptance of the potable water and
sewer facilities and accept the conveyance of the potable water and
sewer facilities for Naples Reserve Boat Ramp and Tot Lot.
[PL20200000743] (District 1)
A final inspection was conducted on April 28, 2020 and found the
facilities to be satisfactory
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July 14, 2020
8) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
LaMorada Phase 3, PL20180003705, and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
total amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 5)
Located at the corner of Immokalee Road and Woodcrest Drive
9) Recommendation to approve final acceptance of the sewer utility
facilities for Price Street Plaza Phase 3, PL20190000906, and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the total amount of $4,000 to the Project Engineer
or the Developer’s designated agent. (District 1)
Located off of US 41 and Price Street
10) Recommendation to approve final acceptance of the sewer utility
facilities and accept the conveyance of a portion of the sewer utility
facilities for the Naples Heritage Tennis Center. [PL20200000834]
(District 3)
A final inspection was conducted on May 26, 2020 and found the
facilities to be satisfactory
11) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Edge 75 by Watermark,
PL20190000548, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security. (District 3)
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Fiddler’s Creek Plaza,
PL20160003105, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security. (District 1)
13) Recommendation to approve the 2017 TIGER IX Discretionary Grant
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Agreement, sponsored by the United States Department of
Transportation, for the Immokalee Complete Streets - Growing
Connections to Create Mobility Opportunities Project, in the amount
of $16,415,864 and authorize the necessary Budget Amendments.
(District 5)
Resolution 2020-111
Moved to Item #17J (Per Agenda Change Sheet)
14) This item requires ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve a variance from the Coastal Construction Setback Line
(CCSL) to allow for construction of an expansion of the existing
wood deck attached to the landward edge of the existing north
boardwalk, approximately 63 feet seaward of the CCSL, and removal
of the derelict seaward section of the north boardwalk, approximately
93.8 feet seaward of the CCSL. The subject property is located at the
Clam Pass County Park Facility, Pelican Bay Planned Unit
Development, in Section 8, Township 49 South, Range 25 East,
Collier County, Florida. [PL20190002627] (District 2)
15) Recommendation to approve a standard form Indemnity and Hold
Harmless Agreement as a requirement for Collier County Fire
Department and Sheriff’s Office training exercises on County-owned
improved properties where the buildings are destined for demolition
and authorize the County Manager or designee to execute.
(All Districts)
16) Recommendation to award Invitation to Bid (“ITB”) No. 20 -7733
“Roadway Striping” to McShea Contracting, LLC., as the Primary
Vendor, and Paramount Asphalt Sealcoating Corporation, as the
Secondary Vendor, and authorize the Chairman to sign the attached
Agreements. (All Districts)
17) Recommendation to approve the release of a code enforcement lien
with an accrued value of $14,630.86, for payment of $580.86, in the
code enforcement action titled, Board of County Commissioners v.
Timothy Todd Lainhart, Lori Renee Lainhart, Anthony Ira Lainhart,
and Deana Renee Lainhart, related to property located at 75 25th
Avenue NW, Naples, Collier County, Florida. (District 5)
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July 14, 2020
Violations consist of a structure that had unpermitted alterations,
located on a parcel without a principal structure and brought into
compliance on March 27, 2013
18) Recommendation to approve the release of two code enforcement
liens, with an accrued value of $627,054.79, for payment of $2,904.79
in the code enforcement action titled, Board of County
Commissioners v. Ella III LLC., related to property located at 459 S.
8th St, Collier County, Florida. (District 5)
Violations for a vacant mobile home with broken windows,
screens, doors and a fractured exterior wall and roof line.
Violation was abated by the new owner on January 30, 2020
19) Recommendation to approve the release of a code enforcement lien
with a value of $138,000 for payment of $1,500 in the code
enforcement actions entitled Board of County Commissioners v. CKK
Properties LLC, relating to property located at 3440 22ND AVE SE,
Collier County, Florida, and to authorize the Chair to execute the
Satisfaction of Lien. (District 5)
Violation consisted of an unpermitted fence and structures on the
property. The property was brought into compliance on April 13,
2020
20) Recommendation to approve the release of a code enforcement lien
with a value of $36,719.47 for payment of $5,119.47 in the code
enforcement actions entitled Board of County Commissioners v.
Milan Jovanovic, relating to property located at 839 104th Ave N,
Collier County, Florida, and to authorize the Chair to execute a
Satisfaction of Lien. (District 2)
Violations consisted of damages within the unit, roof and soffit
damage, and broken windows. The property was brought into
compliance on February 24, 2020
21) Recommendation to approve the release of a code enforcement lien,
with an accrued value of $182,427.92, for payment of $627.92 in the
code enforcement action titled Board of County Commissioners v.
Tarpon IV LLC., related to unimproved property, Folio No.
7621084000, Collier County, Florida. (District 4)
Violation consisted of having prohibited exotic species and
brought into compliance on February 18, 2020
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July 14, 2020
22) Recommendation to accept the Subrecipient Agreement IROO2 with
the Florida Department of Economic Opportunity (FDEO) for funding
in the amount of $591,374 from the Community Development Block
Grant Disaster Recovery (CDBG-DR) for the construction of the
Immokalee North 3rd Street Drainage Improvements and authorize all
required Budget Amendments. (District 5)
23) Recommendation to approve a Local Sponsor Agreement (the
“Agreement”) between the State of Florida, Department of
Environmental Protection (“State DEP”), by and through the Rookery
Bay National Estuarine Research Reserve (“RBNERR”) and Collier
County, a political subdivision of the State of Florida, for the
monitoring of existing mangrove population related to environmental
permitting conditions required for the construction of Project No.
60200, Goodland Drive. (District 1)
24) Recommendation to approve a work order with APTIM
Environmental & Infrastructure, Inc.; to provide professional
engineering services to prepare the Florida Department of
Environmental Protection Local Government Funding Request to
offset future beach renourishment costs in Collier County. The work
will be completed under Contract No.18-7432-CZ for time and
material cost not to exceed $22,713.99. Additionally, authorize the
Chairman to execute the work order, and make a finding that this item
promotes tourism. (All Districts)
Assisting the County with the preparation of the 2021-2022 LGFR
for future Collier County shore protection projects
25) Recommendation to award Request for Professional Services ("RPS")
No. 19-7570 "Collier County Timing & Coordination Project"
(Project No. 33589), to Faller, Davis and Associates, Inc., in the
amount of $439,257.74 for professional services required to complete
the retiming of 37 signalized intersections and authorize the Chairman
to sign the attached agreement. (District 2, District 3, District 4)
26) Recommendation to approve the proposal by CSA Ocean Sciences,
Inc., to continue the required post-construction hardbottom
monitoring for the Collier County Beach Nourishment Project in
summer 2020 for Time and Material not to exceed $159,997.30 under
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July 14, 2020
the already approved and executed Contract No. 17 -7188; authorize
the Chairman to execute the work order for the proposed services and
make a finding that this item promotes tourism. (All Districts)
27) Recommendation to award Invitation to Bid (“ITB”) No. 20 -7730,
“Vanderbilt Drive Canals Maintenance Dredging” (Project No.
50154), to Greg Orick II Marine Construction, Inc., in the amount of
$324,816.45, and authorize the Chairman to execute the attached
Agreement. (District 2)
For the excavation of the terminal portions of four (4) existing
canals, adjacent to the west side of Vanderbilt Drive, that received
a large amount of sediment during Hurricane Irma
28) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $497,800 which was posted as a
guaranty for Excavation Permit Number 60.084.1, PL20130000686,
for work associated with Esplanade Golf and Country Club of Naples
SDP #1. (District 3)
29) Recommendation to approve Amendment No. 01 to Agreement No.
4600003935 with the South Florida Water Management District to
extend the agreement to September 21, 2021, for the Cocohatchee and
Palm River Dredging Project (#33606). (District 2)
Due to delays in permitting
30) Recommendation to recognize FY 2020/21 Transportation
Disadvantaged Planning Grant funding in the amount of $27,016 to
the Collier Metropolitan Planning Organization from the Commission
for the Transportation Disadvantaged and to authorize the necessary
budget amendment. (All Districts)
31) Recommendation to approve an agreement for the purchase of a fee
simple property (Parcel 123FEE) required for the Immokalee
Stormwater Improvement Program. (All Districts)
Folio #00087640001
32) Recommendation to approve the final ranking of design-build firms
and to commence negotiations with Quality Enterprises USA, Inc., Q.
GradyMinor & Associates, P.A., for Request for Professional Services
(“RPS”) No. 20-7708, Design-Build Veterans Memorial Boulevard
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July 14, 2020
Extension, Phase I (Livingston Road to New High School on Veterans
Memorial Boulevard). (District 2)
33) Recommendation to accept Contract No. ASH85, Financial Project
#412574-1-78-02, State of Florida Department of Transportation
(“FDOT”) State Highway Lighting, Maintenance and Compensation
Agreement for maintenance of FDOT owned roadway lighting
systems to be maintained by Collier County Traffic Operations and
granting signature authority to the Chief Engineer of Traffic
Operations to sign off on ministerial annual updates concerning the
Exhibit List to the Agreement. (All Districts)
34) Recommendation to approve Amendment No. 2 to Contract No.
ARX56, Financial Project #41266618801, State of Florida
Department of Transportation (“FDOT”), State Highway Traffic
Signal, Maintenance and Compensation Agreement, for maintenance
of FDOT owned traffic signal systems to be maintained by Collier
County Traffic Operations and granting authority to the Chief
Engineer of Traffic Operations to sign off on annual ministerial
updates concerning the Exhibit List to the Agreement. (All Districts)
35) Recommendation to terminate Agreement No. 18-7413 with Schneck
Legal, as Legal Counsel for the Collier County Code Enforcement and
Nuisance Abatement Boards, for convenience. (All Districts)
36) Recommendation to waive formal competition and approve Master
Agreement No. 20-046-NS with Metro Forecasting Models, LLC, as a
single source consultant for software and services related to Metro’s
proprietary County Interactive Growth Model. (All Districts)
37) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 20-7710, “Plantation
Island Waterways Post-Hurricane Irma Restoration Pre-Design
Study,” and authorize staff to begin contract negotiations with the top -
ranked firm, Atkins North America, Inc. (District 5)
38) Recommendation to establish a policy and a standard template for an
Easement Use Agreement associated to existing minor encroachments
in the Collier County Drainage Easement for the Golden Gate Main
Canal between Airport Road and the Golden Gate Main Canal Control
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July 14, 2020
Structure #1, maintained by the South Florida Water Management
District, on behalf of the Board of County Commissioners. (District 4)
39) Recommendation to authorize submittal of the Immokalee Water
Quality Enhancement Project to the South Florida Water Management
District (SFWMD) Big Cypress Basin Local Partnership Grants
Program for FY 2021 in the amount of $3,000,000 and approve a
Resolution supporting the County’s grant application. (District 5)
Resolution 2020-112
40) Recommendation to accept a Federal grant with the U.S. Department
of the Interior through U.S. Fish and Wildlife Service, and additional
funding from Florida Department of Environmental Protection for a
total amount of $294,353.41, for the removal of eligible debris from
mangroves, shorelines and open waters as a result of Hurricane Irma
and authorize any necessary budget amendments. (All Districts)
41) Recommendation to approve an Agreement between Andrew W.J.
Dickman, A.I.C.P. and Collier County to provide Hearing Examiner
services. (All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRA), approve and
authorize the Chairman to execute a Site Improvement Grant
Agreement between the Community Redevelopment Agency and
Radel Realty, LLC, in the amount of $6,133.05 for the property
located at 2723 Gulfview Drive, Naples, Florida 34112 located within
the Bayshore Gateway Triangle Community Redevelopment Area.
(District 1)
Replacing the broken concrete driveway with pavers and adding
landscape lighting
2) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRA), approve and
authorize the Chairman to execute a Commercial Building
Improvement Grant Agreement between the Community
Redevelopment Agency and Things I Like by Catherine, LLC, in the
amount of $50,000 for the property located at 3954 Bayshore Drive,
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July 14, 2020
Naples, Florida 34112 located within the Bayshore Gateway Triangle
Community Redevelopment Area. (District 4)
Converting an existing single-family residence at the corner of
Bayshore Drive and Linda Drive into a commercial gallery and
retail space
3) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRA), approve the
Mutual Termination Agreement between Crown Castle South LLC
(Crown) to formally terminate the Cell Tower lease as outlined in the
Agreement Regarding Cell Tower for CRA property within the
Bayshore Gateway Triangle Community Redevelopment Area.
(District 4)
Located at 2370 Kirkwood Avenue
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve: (1) Amendment No. 1 to the Major User
Agreement for Delivery and Reuse of Irrigation Quality (“IQ”) Water
enhancing the County's ability to add new customers when the IQ
system’s capacity can sustain it; and (2) a Resolution authorizing the
Chairman to sign the amendment as the executed versions are returned
by Major User customers. (District 1, District 2, District 3, District 4)
Resolution 2020-113
2) Recommendation to adopt a Resolution and to approve a Collier
County Standard Form Long-Term Lease Not-For-Profit Entity with
SNIP Collier Inc., for use of the former DAS shelter in Immokalee.
(District 5)
Resolution 2020-114
3) Recommendation to approve a Resolution and Satisfactions of Lien
for the 1992, 1993, 1994, 1995, and 1996 Solid Waste Collection and
Disposal Services Special Assessments where the county has received
payment in full satisfaction of the liens. (All Districts)
Resolution 2020-115
4) Recommendation to approve a work order to Quality Enterprises
USA, Inc., in the amount of $278,511.53, under Bid No. 2005-009-
01-01-Request for Quote (“RFQ”) No. 14-6213, “Master Pump
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July 14, 2020
Station 300.06 Rehabilitation,” and authorize the necessary budget
amendment. (District 1)
Located along Saint Andrews Boulevard in the community of Old
Lely
5) Recommendation to approve a zero-dollar Change Order No. 1 to
Agreement No. 19-7615, Big Corkscrew Island Regional Park, adding
123 days to the South Contract portion of the Park Project. (District 5)
As detailed in the Executive Summary
6) Recommendation to authorize the necessary budget amendments to
reallocate Public Utilities Department project funds. (All Districts)
Funding for three projects: #70129 (Vanderbilt Beach Road
Water Main Replacement - Airport Road to US 41), #70135
(South County Regional Water Treatment Plant Reactor #4) and
#71067 (Distribution Repump Station TSP)
7) Recommendation to approve an Agreement for Sale and Purchase
(“Agreement”) for the Solid and Hazardous Waste Management
Division to acquire 5 acres of land that is improved with a single -
family home (“Property”) as part of an assemblage of properties that
are immediately adjacent to the County landfill and contiguous to
other lands acquired by the County. (Project #59012) (District 5)
Folio #00337440003 (2390 Markley Avenue)
8) Recommendation to approve a work order to Kyle Construction Inc.,
for the amount of $328,300.00 under Request for Quotation #14-6213
for Underground Utility Contracting Services for "Goodland and
Bellaire Water Main Replacement" (Project Number 70174) and
approve the necessary budget amendment. (District 3)
Replacing approximately 1,700 linear feet of 24” polyvinyl
chloride (“PVC”) water main with new 10” water main within the
Heritage Bay commercial area
9) Recommendation to approve a Developer Phase Agreement and
Master Developer Agreement with Ave Maria Utility Company,
LLLP to provide water and wastewater service to the Multi -Purpose
Public Safety Facility on County-owned property located within the
Town of Ave Maria in furtherance of the Board approved Lease
Agreement with the Immokalee Fire District. (District 5)
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July 14, 2020
10) Recommendation to approve a Sixth Amendment to Real Estate Sales
Agreement with Richard D. Yovanovich, Successor Trustee (and not
individually) to increase the size of the Randall Curve Property by
5.16 acres for an additional $78,000 to provide private treatment and
attenuation for a segment of Immokalee Road. (District 5)
As detailed in the Executive Summary
11) Recommendation to award an Agreement for Request for Proposal
(“RFP”) No. 20-7743, “Emergency Catering Services,” to AshBritt,
Inc., as a primary vendor, Mattison’s 41, LLC dba Mattison’s
Catering, as a secondary vendor, and Tastebuds Custom Catering,
Inc., as a tertiary vendor for County-wide emergency catering
services. (All Districts)
Supplying bulk and/or boxed food meals, and food supplies to the
County’s employees and emergency workers before, during,
and/or after an emergency or disaster event
12) Recommendation to authorize a Budget Amendment for the Facilities
Management Division in the amount of $200,000 to redistribute
existing Division funds to redistribute existing Division funds to focus
on HVAC projects. (All Districts)
Redirecting funds within County-Wide Capital Fund (301) from
the Government Building Project (52506) to New Air
Conditioners Project (52162) for the replacement of HVAC
equipment County-wide
13) Recommendation to award Invitation for Qualifications No. 20-7700-
ST, “Construction Manager at Risk (“CMAR”) for Government
Operations Business Park to Manhattan Construction, Inc., for pre-
construction phase services for the Collier County Government
Operations Business Park in the amount of $206,920 and to authorize
the Chairman to execute the Agreement. (All Districts)
Project Site at 3959 City Gate Blvd. N
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve the submittal of the FY20 Program of
Projects grant application for the Federal Transit Administration 49
U.S.C 5307 and 5339 FY20 grant funds supporting the transit system
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July 14, 2020
capital and operational costs in the amount of $3,323,246 through the
Transit Award Management System and accept the award and
authorize any necessary Budget Amendments. (All Districts)
For bus shelters, security enhancements, rolling stock
replacement, software warranties and technology enhancements
2) Recommendation to approve “After-the-Fact” contract Amendments,
Attestation Statements, and Budget Amendments between the Area
Agency on Aging for Southwest Florida, Inc., and Collier County
Services for Seniors to extend the Community Care for the Elderly,
Alzheimer’s Disease Initiative and Home Care for the Elderly
Programs grant period for sixty (60) days or until a new 2020 contract
is executed. (All Districts)
3) Recommendation to approve the submittal of an FY19/20 grant
application for Federal Highway Administration Flexible Funding in
the amount of $500,000 for the purchase of a 30 ft. fixed route bus
through Federal Transit Administration Transit Award Management
System. (All Districts)
4) Recommendation to accept the FY20 Bureau of Justice Assistance
COVID-19 Emergency Supplemental Funding Program Grant Award
in the amount of $223,627 for the purchase of Personal Protective
Equipment for Collier County Sheriff's Deputies and authorize the
County Manager to sign all necessary documents and authorize the
necessary Budget Amendment. (All Districts)
5) Recommendation to accept $126,099 in Neighborhood Stabilization
Program recaptured funds, authorize the Chairman to sign
Amendment #8 between Collier County and Habitat for Humanity,
and authorize the necessary Budget Amendment. (All Districts)
Allowing the Developer to acquire a foreclosed, abandoned,
vacant, or deed in lieu property; allowing for the replacement of
the non-compliant property
6) Recommendation to approve an “After-the-Fact” submittal of five (5)
applications to the State Department of Economic Opportunity for
competitive Community Development Block Grant - Mitigation
funding in the amount of $6,620,174. (All Districts)
For the following project sites: Immokalee Sports Complex,
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July 14, 2020
Golden Gate Senior Center, Immokalee Library, Marion E.
Fether Medical Clinic Immokalee and Heathcare Network of SW
Florida
7) Recommendation to approve and authorize the Chairman to sign a
subrecipient agreement between Collier County and the Collier
County Housing Authority and a Letter of Commitment providing for
$500,000 of FY19-20 HOME Investment Partnership Funding for
HVAC installation at Farmworker Village. (District 5)
For installation of at least forty-nine (49) HVAC units
8) Recommendation to accept and ratify fee waivers granted by the
Director of Domestic Animal Services for the period of October 1,
2019 through March 31, 2020 in accordance with the process
established by Resolution No. 2018-106 in the amount of $1,758.
(All Districts)
The Director waived surrender and board fees for twenty-four
(24) animals
9) Recommendation to approve and authorize the Chairman to sign a
Developer Agreement with Housing Development Corporation of SW
Florida, Inc., d/b/a/ HELP in the amount of $160,000 for the
acquisition of two (2) permanently affordable housing units.
(All Districts)
10) Recommendation to approve and authorize the chairman to sign one
(1) Satisfaction of Mortgage for the Community Development Block
Grant loan program in the amount of $20,000 for an owner -occupied
dwelling unit that has satisfied the terms of the affordability period.
(All Districts)
Located at 4472 25th Ave SW
11) Recommendation to approve and authorize the chairman to sign two
(2) Releases of Lien for the Disaster Recovery Initiative loan program
in the amount of $281,821.75 for owner-occupied dwelling units that
have satisfied the 10-year affordability period. (All Districts)
Located at 47 Moon Bay Street and 71 Isle of Saint Thomas
12) Recommendation to approve and authorize the chairman to sign six
(6) mortgage satisfactions for the State Housing Initiatives Partnership
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July 14, 2020
loan program in the amount of $84,500 and the associated Budget
Amendment. (All Districts)
Located at 5489 Martin Street, 1962 45th Terrace SW, 13384
Covenant Road, 13601 Koinonia Drive, 1505 Peace Way and
15733 Marcell Circle
13) Recommendation to adopt a Resolution approving the transportation
plan for acute care services for adults and children in Collier County
for the state fiscal year 2020-2023. (All Districts)
Resolution 2020-116
14) Recommendation to approve a budget amendment and accept a
$10,000 grant award from the Partners for Fish and Wildlife Program
and authorize the Chairman to sign the Landowner Agreement to
support the fish and wildlife habitat restoration at McIlvane Marsh
Preserve. (All Districts)
For invasive, exotic plant removal and management
15) Recommendation to authorize purchases from Bibliotheca, LLC and
OverDrive, Inc., as exemptions from the competitive process for the
acquisition of electronic resource materials (eBooks) for library patron
use, in a not to exceed the amount of $400,000 per fiscal year, as
budgeted, through FY 2023. (All Districts)
16) Recommendation to approve the Third Amendment to Agreement No.
19-002-WV with Benavate, Inc., ("Benavate"), for Grant Management
Software, approve the expenditure in the amount of $14,300, and
authorize the Chairman to sign the attached amendment.
(All Districts)
17) Recommendation to approve an “After-the-Fact” agreement and
attestation statement with the Area Agency on Aging for Southwest
Florida, Inc., Coronavirus Aid, Relief, and Economic Security
(CARES) Act funding under the Older American Act grant program
for the Collier County Services for Seniors Program and authorize the
necessary Budget Amendments. (All Districts)
Providing assistance to older persons and caregivers and are the
only federally funded support service programs directed solely
toward improving the lives of older people
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July 14, 2020
18) Recommendation to approve the reallocation of estimated
FY2020/2021 State Housing Initiatives Partnership (SHIP) funds to
the Coronavirus/Relief Fund for the SHIP program, authorize the
County Manager to sign the funding agreement upon arrival, and
authorize the necessary administrative budget reallocation
amendment. (All Districts)
Providing housing and utility assistance to individuals and
households who have lost employment or income
19) Recommendation to approve the Chairman to sign six (6) Countywide
Impact Fee Releases of Lien for full payment of $95,918.13
(including $14,711.57 interest) and one (1) State Housing Initiatives
Partnership Impact Fee Deferral lien release ($12,389.98), pursuant to
Agreement for Deferral of 100% of Collier County Impact Fees
Program for Owner-occupied Affordable Housing Dwellings.
(All Districts)
Located at 1505 Peace Way, Immokalee; 13384 Covenant Road,
Naples; 13601 Koinonia Drive, Naples; 4430 Botanical Place Unit
104, Naples; 325 Rose Ave, Immokalee, Naples Manor Annex
Block 8, Lot 23; and 1651 20th Ave NE, Naples
20) Recommendation to approve the Chairman to sign a Resolution and
submit a letter of commitment in support of the Leadership Council
on Aging (LCA) seeking membership to the Association of American
Retired Persons (AARP) Network of Age Friendly Communities.
(All Districts)
Resolution 2020-117
21) Recommendation to authorize expenditures for the single-source
purchase of BECS Technology chemical and pool filtration systems
(BECS), parts and materials, and approve and authorize the Chairman
to sign the attached Agreement No. 20-041-NS with Commercial
Energy Specialists, Inc. (All Districts)
For use at Sun-N-Fun Lagoon, Eagles Lakes Community Park
and Big Cypress Island Regional Park
22) Recommendation to approve a First Amendment to Agreement No.
19-7500 with G.A. Food Services of Pinellas County, Inc., d/b/a G.A.
Food Service, Inc., for the Senior Food Program. (All Districts)
Amendments include a 10% match requirement, Update invoicing
Page 24
July 14, 2020
requirements to include match requirements and providing for a
3% price increase to unit process (effective July 1, 2020)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation for EMS to accept direct payments from the
program named Statewide Medicaid Managed Care (SMMC), a
supplemental Medicare payment program, in the amount up to
$620,090.36 and to authorize Chairman to sign seven (7) Public
Emergency Medical Transportation Uniform Increase Agreements
with Florida Community Care, LLC, Humana Medical Plan, Inc.,
Molina Healthcare of Florida, Staywell, Sunshine State Health Plan,
Inc., Vivida Health and Clear Health Alliance, and to approve the
necessary budget amendments (All Districts)
As detailed in the Executive Summary
2) Recommendation to approve and authorize the Chairman to execute a
Federally Funded Subgrant Agreement G0161 to accept the
Emergency Management Performance Grant COVID-19
Supplemental in the amount of $22,103.80 from the Florida Division
of Emergency Management and to authorize the necessary budget
amendment. (All Districts)
3) Recommendation to approve an Assumption Agreement with
Rechtien International Trucks, Inc., assigning all rights, duties and
benefits, and obligations under Invitation to Bid (ITB) No. 19 -7651,
“International Trucks Parts.” (All Districts)
4) Recommendation to adopt a resolution authorizing the removal of
7,484 ambulance service accounts and their respective uncollectible
accounts receivable balances which total $5,756,419.57, from the
accounts receivable of Collier County Fund 490 (Emergency Medical
Services) finding diligent efforts to collect have been exhausted and
proved unsuccessful. (All Districts)
Resolution 2020-118
5) Recommendation to approve “after-the-fact” submittal of a Fire
Management Assistance Subgrant to the Florida Division of
Emergency Management for reimbursement of expenses incurred
during the Florida 36th Avenue SE Fire in the estimated amount up to
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July 14, 2020
$300,000. (District 5)
6) Recommendation to approve modifications to the 2020 Fiscal Year
Pay & Classification Plan which consist of the removal of five
obsolete classifications and three reclassifications made from April 1,
2020 through June 30, 2020. (All Districts)
7) Recommendation to approve the first Addendum to Amendment No.
15 to the Agreement with Collier County District School Board for
the Driver Education Program. (All Districts)
Due to Covid-19, the program is cancelled this year and funds will
be carry forwarded to the 2020-2021 school year
8) Recommendation to authorize the Chairman to sign a Memorandum
of Agreement with the Florida Division of Emergency Management
and any subsequent MOA’s offered during calendar year 2020 that are
of identical form to accept and house a towable generator for shared
use. (All Districts)
For a State owned, 250-kilowatt towable generator for local and
or state deployment for emergency situations
9) Recommendation to award Request for Professional Services (“RPS”)
No. 18-7432-EV, “Professional Services Library – Environmental
Engineering Category,” to Jacobs Engineering Group Inc., Stantec
Consulting Services Inc., Atkins North America, Inc., Johnson
Engineering, Inc., Cardno, Inc., Earth Tech Environmental LLC, GFA
International, Inc. and American Management Resources Corporation,
and authorize the Chairman to sign the attached agreements.
(All Districts)
10) Recommendation to waive competition and approve Wesco Turf, Inc.,
as the sole source vendor for Toro commercial turf and golf course
irrigation products, parts, and services. (All Districts)
11) Recommendation to award Invitation for Qualification (“IFQ”) No.
20-7712, "Construction Management Services,” to Owen-Ames-
Kimball Company, Jacobs Engineering Group Inc., Gates Group LLC
d/b/a Gates Construction, AIM Construction Contracting LLC,
Capital Consulting Solutions, DeAngelis Diamond Construction, and
Wright Construction Group, Inc., and authorize the Chairman to sign
Page 26
July 14, 2020
the attached agreements. (All Districts)
For an initial five-year term with an optional one-year renewal
12) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
For two change orders modifying contracts by $6,134.40 and
three after-the-fact memos with a fiscal impact of $4,213.16 for
additional services
13) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
For trade-ins in the amount of $41,318.00 and disposed assets had
a net book value of $61,965.48
F. COUNTY MANAGER OPERATIONS
1) Recommendation to recognize Nicholas Quist, Public Utilities
Wastewater Maintenance Specialist, as the June 2020 Employee of the
Month. The award has been presented to the recipient by staff
members. (All Districts)
Recognized; County Manager read into the record
Commissioner McDaniel voted “No” on this item during Agenda Changes
2) Recommendation to approve the attached First Amendment to
Agreement No. 16-6571 with Tindale Oliver & Associates Inc.,
pertaining to the provision of professional Impact Fee Study services,
which provides for an additional one-year renewal term, or until a new
contract can be solicited and awarded by the Board, whichever is
sooner, and a $200,000 increase to the maximum amount that can be
expended under the agreement through the renewal term.
(All Districts)
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2019-20 Adopted Budget. (All Districts)
Resolution 2020-119
4) Recommendation to authorize budget amendments totaling $286,500
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July 14, 2020
that will provide funding for various agencies within the Courts
System to cover Article V revenue shortfall for the balance of FY
2020. (All Districts)
5) Recommendation to award Request for Proposal (RFP) No. 20-7706
for Tourism Public Relations Services to Lou Hammond &
Associates, Inc. (FL), authorize the Chairman to execute the County
Attorney approved contract and make a finding that this expenditure
promotes tourism. (All Districts)
Creating and implementing an effective out of market media
relations strategy that provides a full range of media pitching and
targeting
6) Recommendation to approve Tourist Development Tax Promotion
Funds to support the upcoming September and October 2020 Sports
Tourism Events up to $29,450 and make a finding that these
expenditures promote tourism. (All Districts)
For the Publix Labor Day Soccer Cup scheduled for September 5-
7, Naples Kick off Soccer scheduled for September 19-20,
Alligator Alley Fall Baseball Classic scheduled for October 2-4
and the International Soccer Qualifier scheduled for October 24-
25
7) Recommendation to approve the agreement with Cision USA, Inc., to
provide Media Monitoring Services to the Tourism Division for
FY20-FY 23 in the total amount of $41,925 and make a finding that
this action promotes tourism. (All Districts)
8) Recommendation to adopt a Resolution fixing September 3, 2020,
5:05 p.m., in the Third Floor Board Room, 3299 East Tamiami Trail,
Naples, Florida, as the date, time and place for the Public Hearing for
approving the Special Assessment (Non-Ad Valorem Assessment) to
be levied against the properties within the Pelican Bay Municipal
Service Taxing and Benefit Unit. (District 2)
Resolution 2020-120
9) Recommendation to approve the combined FBU National
Championship (FBUNC) and Top Gun Showcase agreements and to
extend the term for each event to 2025 and make a finding that this
action promotes tourism. (All Districts)
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July 14, 2020
Making the payment installments easier to manage due to the
closeness of each installment
10) Recommendation to approve renegotiated IRS Plan 457 deferred
compensation agreements with Nationwide and ICMA-RC providing
for lower investment and administrative fees; open architecture
investment platform; and generally, more favorable best practices
financial and administrative terms benefiting the individual Collier
County Manager's Agency retirement plan investor. (All Districts)
G. AIRPORT AUTHORITY
1) Recommendation to approve the Collier County Airport Authority
Standard Form Lease Agreement with Career Aviation Flight Training
and Aircraft Rental, Holding, LLC, for office space in the new Marco
Island Executive Airport terminal building. (District 1)
For monthly rent in the amount of $1,431.25, plus an annual
Commercial Operating Fee of $200.00
2) Recommendation to approve the Collier County Airport Authority
Standard Form Lease Agreement with Paradise South Ventures, LLC,
for office space in the new Marco Island Executive Airport terminal
building. (District 1)
For monthly rent in the amount of $583.33, plus an annual
Commercial Operating Fee of $200
3) Recommendation to approve the Collier County Airport Authority
Standard Form Lease Agreement with Brightest Antares, LLC, for
office space in the new Marco Island Executive Airport terminal
building. (District 1)
For monthly rent in the amount of $554.17, plus an annual
Commercial Operating Fee of $200
Commissioner McDaniel voted “No” on this item during Agenda Changes
4) Recommendation to approve the rankings of firms for Request for
Proposal (RFP) No. 20-7726 “CEI Services for Immokalee Regional
Airport Runway 18-36, Taxiway C” and to direct staff to negotiate a
contract with the top-ranked firm, Atkins North America. (District 5)
Commissioner McDaniel voted “No” on this item during Agenda Changes
Page 29
July 14, 2020
5) Recommendation to approve the Sixth Amendment to Agreement No.
16-6561, “Design Services for Marco Executive Airport Terminal,”
with Atkins North America, Inc., to extend the schedule an additional
one hundred eighty (180) days to coincide with construction and
increase the fee associated with the extended schedule by $154,894
for engineering services during construction. (District 1)
Extending the schedule an additional one hundred eighty (180)
days to January 31, 2021; and increases the agreement from
1,278,811.50 to $1,433,705.50, or an increase of 12.11%
6) Recommendation to authorize budget amendments to recognize
revenue and transfer reserves for Marco Island Executive Airport, in
the amount of $210,000 to accommodate increased fuel purchases and
associated operating expenses over budgeted levels. (All Districts)
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating April as 2020 Census Partnership Plan
Month in Collier County. The proclamation will be mailed to Mr.
Vincent Keeys, Chair of the Collier County 2020 Complete Census
Count Committee.
Adopted; Read into the record by Commissioner Taylor
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve adjusting the Fiscal Year 2021 Proposed
Budget to return $5 million to the Collier County Tax Collector’s
Office for the funding of the Phase 1 of the Heritage Bay Government
Center. (All Districts)
2) Recommendation to recognize CARES Act grant funds that are being
made available to “prevent, prepare for, and respond to Coronavirus,
domestically or internationally for the 2020 Federal election cycle” in
the amount of $369,489 and to authorize any necessary budget
amendments. (All Districts)
3) Recommendation to approve a budget amendment recognizing a
Florida Department of State, Division of Elections, Cybersecurity
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July 14, 2020
Grant Award in the amount of $2,249.69. (A ll Districts)
Awarding counties $2,249.69 in order to purchase an emergency
backup communications device
4) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between June 11, 2020 and July 1, 2020 pursuant to Florida
Statute 136.06. (All Districts)
5) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of July 8,
2020. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to appoint a member to the Bayshore Beautification
MSTU Advisory Committee. (District 4)
Resolution 2020-121: Appointing Chad Willis to fill the current
vacancy
2) Recommendation to appoint a member to the Haldeman Creek
Dredging Maintenance Advisory Committee. (District 4)
Resolution 2020-122: Appointing Jacob Dutry van Haeften, with
term expiring March 13, 2022
3) Recommendation to appoint a member to the Water and Wastewater
Authority. (All Districts)
Resolution 2020-123: Appointing Michelle McLeod, with tern
expiring May 21, 2021
4) Recommendation to reappoint three members to the Animal Services
Advisory Board. (All Districts)
Resolution 2020-124: Re-appointing Marjorie Bloom, Dr. Michael
Gordon and Sarah Baeckler Davis, with terms expiring April 13,
2024
5) Recommendation to review and approve the County Attorney’s
recommendation to waive any potential ethics conflict for a member
of the Collier County Planning Commission based on Ch. 112, Florida
Page 31
July 14, 2020
Statutes. (All Districts)
As detailed in the Executive Summary
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
------------------------------------------------------------------------------------------------------------
Adopted w/Change – 5/0
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 14-06, the 7-Foodmart Commercial Planned
Unit Development (CPUD), and by amending Ordinance Number 2004 -41,
the Collier County Land Development Code by amending the appropriate
zoning atlas map or maps by changing the zoning classification of 1.09 acres
of land presently zoned Residential Multi-Family-12 District (RMF-12)
within the Santa Barbara Commercial Overlay District to incorporate the
parcels into the 7-Foodmart CPUD for a total PUD size of 2.12± acres; and
to increase the commercial square footage from 10,000 square feet to
15,000. The subject property is located on the east side of Santa Barbara
Boulevard, north of Golden Gate Parkway in Section 21, Township 49
South, Range 26 East, Collier County, Florida; and by providing an effective
date. [PL20190000683] (District 3)
Ordinance 2020-18
B. Recommendation to approve the single petition for Temple Shalom within
the 2019 Cycle 2 of Growth Management Plan Amendments for transmittal
to the Florida Department of Economic Opportunity for review and
Comments response for an amendment specific to the Estates-Mixed Use
District of the Golden Gate Area Master Plan. (Transmittal Hearing)
[PL20180003708/CP-2019-02] (District 3)
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July 14, 2020
Resolution 2020-125
C. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution
approving a site plan with deviations pursuant to LDC Section 10.02.03.F
and seven total deviations, including one deviation from Section 4.06.02.C.4
to reduce the north buffer width; three deviations from Section 5.05.05.E.1
to reduce the landscape buffer width on the eastern property line, allow no
undulated berm on the east property line and reduce the tree clustering and
spacing to allow the existing trees to remain; one deviation from LDC
Section 4.06.02.D.4 to allow the storage structure to remain within the south
landscape buffer; and two deviations from Section 5.05.05.B.1 to reduce the
setback on the north property line to 25.55 feet and to reduce the setback on
the south property line to 16.8 feet; for redevelopment of the convenience
gas station project consisting of 1.72± acres located on the west s ide of
Santa Barbara Boulevard, approximately 420 feet north of Radio Road in
Section 32, Township 49 South, Range 26 East, Collier County, Florida.
[PL201800017850] (District 1)
Resolution 2020-126
D. Recommendation to consider adoption of an Ordinance establishing the
Tamarindo Community Development District (CDD) pursuant to Section
190.005(2), Florida Statutes. (District 1)
Ordinance 2020-19
E. Recommendation to approve an Ordinance amending Ordinance Number
04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, to increase the seating limitations to a maximum of
200 seats and extend the hours of operation for restaurants within the Golf
Course and Recreational Use District (GC), when located within the Golden
Gate City Economic Development Zone by providing for: Section One,
Recitals; Section Two, Findings of Fact; Section Three, Adoption of
Amendments to the Land Development Code, more specifically amending
the following: Chapter Two - Zoning Districts and Uses, including Section
2.03.09 Open Space Zoning Districts; Section Four, Conflict and
Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. [PL20190002545]
(District 3)
Page 33
July 14, 2020
Ordinance 2020-20
F. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution of the
Board of Zoning Appeals of Collier County, Florida, relating to Petition
Number NUA-PL20190002862, providing for the approval of a
nonconforming use alteration pursuant to LDC Section 9.03.03.B. to reduce
the eastern side setback from 7.5 feet to 5.3 feet for the existing structure
and proposed enclosure of the screened-in lanai. The subject property is
described as Lot 18, Block 53, Naples Park Unit 4, also described as 851
92nd Avenue North, in Section 33, Township 48 South, Range 25 East,
Collier County, Florida. (District 2)
Resolution 2020-127
G. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution of the
Board of Zoning Appeals relating to VA-PL20190002360 for a variance
from Land Development Code Section 5.03.06 to reduce the minimum side
yard riparian setbacks to zero, for the benefit of Lot 8, Block G, Little
Hickory Shores, Unit 3 Replat subdivision, also known as 267 3rd Street in
Section 5, Township 48 South, Range 25 East, Collier County, Florida.
(District 2)
Resolution 2020-128
H. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20200000704, to disclaim, renounce and vacate the County and the public
interest in 6-foot drainage and public utility easement located on each side of
the common lot line between Lots 25 & 26 and 26 & 27, Block 73 of Golden
Gate, Unit 2, Part 1 as recorded in Plat Book 9, Page 116 of the public
records of Collier County, Florida, located on the west side of C.R. 951
(Collier Boulevard), approximately 500-feet south of Green Boulevard, in
Section 22, Township 49 South, Range 26 East, Collier County, Florida.
(District 3)
Resolution 2020-129
I. Recommendation to adopt a resolution approving amendments
Page 34
July 14, 2020
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2019-20 Adopted Budget. (All Districts)
Resolution 2020-130
Moved from Item #16A14 (Per Agenda Change Sheet)
J. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a variance from the
Coastal Construction Setback Line (CCSL) to allow for construction of an
expansion of the existing wood deck attached to the landward edge of the
existing north boardwalk, approximately 63 feet seaward of the CCSL, and
removal of the derelict seaward section of the north boardwalk,
approximately 93.8 feet seaward of the CCSL. Th e subject property is
located at the Clam Pass County Park Facility, Pelican Bay Planned Unit
Development, in Section 8, Township 49 South, Range 25 East, Collier
County, Florida. [PL20190002627] (District 2)
Resolution 2020-131
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
July 14, 2020
Page 2
CHAIRMAN SAUNDERS: Ladies and gentlemen, the
meeting of the County Commission will please come to order.
We're going to start off this morning with an invocation, and we
have a special guest that's going to help us set the tone for the
meeting. Mr. Keeys, if you'd come forward. I really appreciate
your helping us set the proper tone for this meeting. Thank you.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE - INVOCATION
GIVEN
MR. KEEYS: Very good. Thank you so very much, County
Commissioners. I appreciate the opportunity to do this.
Please, guests, join with me. And thank you so very much for
showing up. Mr. McDaniels [sic], how are you?
COMMISSIONER McDANIEL: Sorry for being late. I had
an important phone call.
MR. KEEYS: Good, good, good.
God, we ask you to take a moment out to bless this group.
Special County Commissioners and lovely guests, we ask that you
take a moment out to set the tone essentially for all of us. We ask
those things in God's name, that we lead us in the right direction, that
we would rise to the occasion for all of the people in the world and
for this great county for which we live. All those things we ask in
God's name. Amen.
CHAIRMAN SAUNDERS: If you'll remain standing for the
pledge.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN SAUNDERS: I want to welcome everybody this
morning. And I appreciate people wearing masks and exercising
July 14, 2020
Page 3
social distancing as we deal with the pandemic, and it's nice seeing so
many people wearing masks. So, thank you for that.
Mr. Manager, we have some changes to the agenda?
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA) - APPROVED AND/OR ADOPTED
W/CHANGES; COMMISSIONER MCDANIEL VOTED “NO” ON
ITEMS #16G4, #16G5 AND #16F2
MR. OCHS: Yes, sir. Good morning Mr. Chairman and
Commissioners. These are the proposed agenda changes for the
Board of County Commissioners' meeting of July 14th, 2020.
The first proposed change is to move Item 16A14 from your
consent agenda over to the summary agenda becoming Item 17J.
This item was misplaced originally on the agenda. It is an advertised
public hearing. It's a variance from a coastal construction setback
line to allow us to complete the boardwalk expansion at Clam Pass
Park. That move to summary is at staff's request.
Then I have three time-sensitive items on this agenda today,
Commissioners. They will all -- these following three items will be
heard no sooner than 1:00 p.m. and heard in the following order:
First will be Item 11L. That's the COVID-19 status report from your
public Health Department and your staff.
That item will be followed by Item 10E. This is an item
directing the County Attorney to advertise for a special hearing, an
ordinance mandating individuals wear face coverings in public.
And your final item today will be Item 7, public comments on
July 14, 2020
Page 4
general topics not on the current or future agenda.
A couple of agenda notes. First is to note that public speakers,
including those registering remotely to speak, must register to speak
prior to the start of the hearing on the specific item that interests them
and that they would like to speak on.
And then also, Commissioner and Mr. Chairman, at the
appropriate time we do have Item 16F1, which is an Employee of the
Month which I would like to read and recognize at the appropriate
time.
And we also have a proclamation under your consent agenda
that Commissioner Taylor has worked with the Chairman to be able
to present in person at the appropriate time in the agenda today, sir.
CHAIRMAN SAUNDERS: All right.
MR. OCHS: And those are all the changes that I have.
CHAIRMAN SAUNDERS: All right. In reference to the
changes, I had suggested that we have the public hearing on some of
these items at 1:00 so we can conclude our business that we have to
get done this morning. And then when we get into the issue of
masks and the COVID-19 responses, that there will be plenty of time.
My intention is that if it goes till 10:00 tonight, it goes till 10:00
tonight. But we're going to finish today. We're not going to go
over until tomorrow.
COMMISSIONER TAYLOR: As long as you're buying pizza,
I'm fine.
CHAIRMAN SAUNDERS: I'll buy pizza.
And the other thing I'd like to suggest with the permission of the
Board is that we generally permit speakers three minutes. We have
132 registered speakers at this point on the mask issue. I'm going to
suggest that we limit speakers to two minutes. I think that gives
everyone enough time to say their piece. Is there any objection to
limiting speakers today to two minutes?
July 14, 2020
Page 5
COMMISSIONER TAYLOR: No.
CHAIRMAN SAUNDERS: All right. So, Mr. Manager, if
you could --
MR. OCHS: Two minutes.
CHAIRMAN SAUNDERS: -- make sure that everyone knows
there will be a two-minute limitation.
MR. OCHS: Thank you. Commissioner, one other note: I
believe you do have one registered speaker that wants to speak on a
consent agenda item before you finalize today's agenda.
CHAIRMAN SAUNDERS: All right. Let's see if there are
any other changes to the agenda.
Commissioner McDaniel, do you have any changes?
COMMISSIONER McDANIEL: I have no changes. I just
want to register --
CHAIRMAN SAUNDERS: Let's do, I guess, the ex parte as
we're going down the row here.
COMMISSIONER McDANIEL: Do you want to do ex parte
first?
CHAIRMAN SAUNDERS: Well, changes and ex parte, we'll
do both at the same time.
COMMISSIONER McDANIEL: Just like we usually do.
CHAIRMAN SAUNDERS: Yeah.
COMMISSIONER McDANIEL: Good morning, by the way.
I am sorry for being late.
I have no changes to the agenda other than I would like to
register a no vote on G4 and G5. I am also registering a no vote on
F2. And I would like to make a shout out and make a statement with
regard to 16A13 and 16A22. Those were two grant fundings that
came available to Immokalee, and I really want to thank all of you for
the support along the way, the benefits to our community. 16A22 is
a CDBG grant that is coming in to assist the drainage issue up on
July 14, 2020
Page 6
Third Street that has been going on for a millennia, and then the other
was the TIGER grant, and that is $16 million improvement for
complete streets, sidewalks, streetlights, oh my. So thank you, thank
you, thank you.
So, with that -- and I have no other ex parte.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Oh, the only ex parte for
something that if it's moved to the summary agenda, which is
Item 16A14, would be I did have a telephone call with some residents
up in that neighborhood concerned about the posting of the sign, but
other than that I have no ex parte and no changes to the agenda. And
that would be for 17J, assuming it's approved.
MR. OCHS: Yes, ma'am.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: I have no changes and no
disclosures on the consent agenda.
CHAIRMAN SAUNDERS: Commissioner Fiala?
COMMISSIONER FIALA: Yes. No changes, no corrections,
and no disclosures.
CHAIRMAN SAUNDERS: And I have no changes and no
disclosures as well.
MR. OCHS: Mr. Chairman, it would be appropriate to take
your public speaker, I think, at this time.
CHAIRMAN SAUNDERS: Which item is that?
MR. OCHS: Nick?
MR. CASALANGUIDA: It's 16A14, sir, that was moved to
17J. Your public speaker is Garrett Beyrent. You might give him a
minute, if he's in the hallway, to get here. It's a written-in request,
sir. And if he doesn't show up within the next minute or so, then I
guess we can table that.
COMMISSIONER McDANIEL: I think he's making his way
July 14, 2020
Page 7
in now.
MR. OCHS: Here he comes.
CHAIRMAN SAUNDERS: Mr. Beyrent, good morning. We
are limiting our speakers today to two minutes. So be quick if you
could. We've got a lot of speakers registered for today.
MR. BEYRENT: For the record, Garrett Beyrent.
I'm -- actually, I'm only here because I wasn't sure whether or
not the Clam Pass agreement was violated. The 1986 lawsuit I had
against the county, you were the attorney. Remember that? Long
time ago.
CHAIRMAN SAUNDERS: I'm sure the county must have lost,
then, if I was the --
MR. BEYRENT: Yeah. That was one of the few I actually
beat you on.
But long and short is that I want to make sure that this -- the
construction in Clam Bay that's related to the boardwalk, that doesn't
affect the boardwalk's drawbridge, specifically. And does it or
doesn't it? I don't know. I read the thing. I couldn't figure it out.
And you were the County Attorney back in 1986, and you and I
worked out a settlement agreement to ensure the boating rights of the
Seagate homeowners’ access to the Gulf of Mexico.
CHAIRMAN SAUNDERS: Mr. Ochs, do you know the
answer to that question?
MR. OCHS: Yes, sir. These are improvements to boardwalks
along the beach that lead out onto the beach from the concession
area, nowhere near the drawbridge, and it has absolutely no impact
on the agreement with the drawbridge.
MR. BEYRENT: Sounds good to me.
CHAIRMAN SAUNDERS: All right. Thank you, sir.
And I think we're ready for a motion on the agenda and the
consent agenda.
July 14, 2020
Page 8
COMMISSIONER TAYLOR: So moved.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and a second.
Is there any discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: That passes unanimously.
Proposed Agenda Changes
Board of County Commissioners Meeting
July 14, 2020
Move Item 16A14 to Item 17J: This item requires ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all participants are required to be
sworn in. Recommendation to approve a variance from the Coastal Construction Setback Line
(CCSL) to allow for construction of an expansion of the existing wood deck attached to the
landward edge of the existing north boardwalk, approximately 63 feet seaward of the CCSL, and
removal of the derelict seaward section of the north boardwalk, approximately 93.8 feet seaward
of the CCSL. The subject property is located at the Clam Pass County Park Facility, Pelican Bay
Planned Unit Development, in Section 8, Township 49 South, Range 25 East, Collier County,
Florida. [PL20190002627] (District 2) (Staff’s request)
Time Certain Items:
Item 11L to be heard no sooner than 1:00 p.m.; followed by Item 10E; followed by Item 7
7/29/2020 10:19 AM
July 14, 2020
Page 9
Item #2B, #2C and #2D
JUNE 2, 2020 BCC SPECIAL MEETING MINUTES, JUNE 9, 2020
BCC MEETING MINUTES AND JUNE 18, 2020 - BCC BUDGET
WORKSHOP MEETING MINUTES - APPROVED AS
PRESENTED
MR. OCHS: Mr. Chairman, that takes you to Item 2B, C, and
D. 2B is approval of the BCC special meeting minutes of June 2nd,
2020; 2C is approval of the regular Board of County Commissioners'
meeting minutes of June 9th, 2020; and the final approval is the BCC
budget workshop meeting minutes, June 18th, 2020.
CHAIRMAN SAUNDERS: We'll take all three of those in one
vote but, first, is there any discussion or any corrections on any of the
minutes?
COMMISSIONER McDANIEL: To be or not to be.
CHAIRMAN SAUNDERS: All right. Seeing none, is there a
motion to approve all three of these items?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: Second? All right. We have a
motion and second. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: That passes unanimously.
MR. OCHS: Thank you, sir.
Item #3D
July 14, 2020
Page 10
EMPLOYEE OF THE MONTH - NICHOLAS QUIST -
RECOGNIZED BY COUNTY MANAGER (SEE ITEM #16F1)
MR. OCHS: That -- I would like to, with the Chairman's
permission, take our Employee of the Month item right now, take a
moment to recognize --
CHAIRMAN SAUNDERS: Yes.
MR. OCHS: -- Nicholas Quist from our Public Utilities
Wastewater Division as your June 2020 Employee of the Month.
Nick was selected as Employee of the Month for accepting a difficult
temporary assignment in the Wastewater Department which we took
him out of the field and into the office serving temporarily as our
operations coordinator, filling in until we could hire the position
permanently.
Nick excelled in that assignment, not only handled day-to-day
operations, but because of COVID-19, he also jumped in and handled
all of the personal protective equipment gear, monitored work
assignments, and maintained all of the state-required reporting for the
plant. He was available to respond to citizens' calls and was there to
make sure that any concerns and issues from the staff were quickly
resolved.
What's really a testament to Nick is the fact that his team in the
field was anxious to get him back but also all of the team members in
the office didn't want him to leave. So, again, a testament to Nick's
ability to work with all people.
This is something that we're very proud of, and it certainly is
deserving of the Employee of the Month Award. So it's my honor to
recognize Nick Quist as your Public Utilities June 2020 Employee of
the Month.
So, congratulations to Nick.
July 14, 2020
Page 11
COMMISSIONER FIALA: Is he here? No.
(Applause.)
CHAIRMAN SAUNDERS: All right.
Item #4
PROCLAMATIONS - CENSUS PARTNERSHIP PLAN - READ
INTO THE RECORD BY COMMISSIONER TAYLOR (SEE ITEM
#16H1)
MR. OCHS: And also, sir, it would be appropriate at this time
to take up the proclamation that is on your -- excuse me -- your
consent agenda. It's Item 16H1. I know, Mr. Chairman, you've
worked with Commissioner Taylor to allow this proclamation to be
presented in person today, and it's a proclamation designating April
as the 2020 Census Partnership Plan Month in Collier County.
We're honored to have Mr. Vincent Keeys, the Chair of the
Collier County 2020 Complete Census Count Committee, here to
accept the proclamation. And I know Commissioner Taylor would
like to read that proclamation.
CHAIRMAN SAUNDERS: And before she starts with reading
the proclamation, just for the public information, we do not have
people come to our board meetings to receive proclamations like
we've done in the past because of the COVID-19 issue and keeping
people safe. We do make some very rare exceptions to that. Today
is one of those exceptions. This is a very special proclamation, and
we've received -- gotten a lot of assistance from Mr. Keeys on a lot of
different issues, and we wanted to recognize him specially today.
So, Commissioner Taylor, if you would proceed.
COMMISSIONER TAYLOR: Thank you very much. And I
think it's called a two-fer, because we have two very special
July 14, 2020
Page 12
acknowledgments to consider. But, clearly, the leader in the census
count has been Mr. Keeys in this community for probably over a
year. And I'm going to read the proclamation right now.
Whereas, the United States Constitution empowers Congress to
carry out the census by conducting a complete count of every person
living in the United States of America; and,
Whereas the census helps determine the number of seats each
state receives in the U.S. House of Representatives, and,
Whereas, responding to the census helps to guide planning for
the future of our communities. The 2020 Census will help form
decisions on how billions of dollars are allocated annually for public
services including roads, schools, hospitals, fire and emergency
services, and hundreds of other programs; and,
Whereas, the Complete Count Committee of Collier County sponsors
various community activities and events to encourage all to
participate in this initiative; and,
Whereas, on Wednesday, April the 1st, 2020, the people of
Collier County began the process to do their part for a Collier County
complete count.
Now, therefore, be it proclaimed by the Board of Collier County
Commissioners that April be designated as 2020 Census Partnership
Plan Month in Collier County.
Done and ordered this day of -- the 14th of July 2020.
Thank you, Mr. Keeys.
(Applause.)
CHAIRMAN SAUNDERS: If you'd like to say a few words,
that would be fine and, also, we will take photographs. We don't do
the hand shaking, but --
MR. KEEYS: Of course.
CHAIRMAN SAUNDERS: -- we will take photographs.
MR. OCHS: Mr. Keeys, step forward and receive your
July 14, 2020
Page 13
proclamation first, please. Thank you.
MR. KEEYS: Thank you.
MR. OCHS: Maria, you need to get a photo?
CHAIRMAN SAUNDERS: You can let the record reflect that
we were all smiling, all five of us.
MR. KEEYS: If I may just take a moment out, number one, to
thank the Chair and county commissioners for receiving -- or giving
this proclamation. And I really want to concede my time but
definitely say that a special person, Mary Winston Johnson, who was
an extremely intelligent person, and many may remember her. She
was the person that allowed Apollo to set on the moon years ago.
And so, I brought today with me one of those examples of a special
mind, and I'd like to concede my time to her.
So, I want Chrisli Poteau to please step forward and introduce
yourself. She's a young lady that attends Lely High School, and we
would ask her to present just for one minute, please.
COMMISSIONER TAYLOR: As she's coming up, I'd like to
give you a little bit of information about Ms. Poteau. She is a
17-year-old junior, a Lely High School student, who is currently
under dual enrollment with Florida Southwestern. Her GPA is 4.8,
and she has recently passed the Federal Aviation Association -- the
FAA exam for drone certification. And I believe you spent [sic]
a camp last year up in Pensacola thanks to the work of the NAACP.
MS. POTEAU: Yes.
COMMISSIONER TAYLOR: Ms. Poteau.
CHAIRMAN SAUNDERS: Good morning.
MS. POTEAU: Good morning to everyone in attendance. As
they said, my name is Chrisli Poteau, an honor student at Lely High
School, top 5 percent of my class. I am 17.
And in the fall, as Ms. Taylor said, I will be dual enrolled with
FSW. I've also taken several aviation classes at Embry Riddle,
July 14, 2020
Page 14
including -- including principles of aeronautical science and
unmanned aircraft systems, where I retained [sic] my drone
certification after the written exam over at Lely High School.
Through the NAACP, which is the National Association for the
Advancement of Colored People, here in Collier County, I was able
to go to the national flight academy in Pensacola and meet people
that were interested and had the same passion as I did in aviation, and
it furthered my knowledge and my career base.
Personally, I plan to go to Stetson University and major in
psychology before attending law school to become a criminal defense
attorney. And while my aspirations are in law, aviation is still a
major passion of mine and getting the opportunity to meet so many
amazing people that allowed me to do what I want to do and further
my interests in all my hobbies and my aspirations, and I'm grateful
for the opportunity to be able to speak today to all of you and to be
able to have the opportunities I've had in the past to get me where I
am now.
Similar to Mary Jackson, as he has said, the brilliant
mathematician who helped send Apollo 11 to the moon, I know that I
have a lot of challenges in my future, but I am ready to overcome
them, and I know that it will make me a better person than who I am
today, so I am patiently waiting for those challenges to come for me
to overcome them.
COMMISSIONER FIALA: I missed so much of what she said.
(Applause.)
CHAIRMAN SAUNDERS: Well, thank you for that, and
report back to us from time to time. Let us know how you're
progressing in college and, ultimately, in law school.
MS. POTEAU: No problem.
CHAIRMAN SAUNDERS: All right. Mr. Ochs, we'll move
on to presentations.
July 14, 2020
Page 15
Item #5A
PRESENTATION BY THE COUNTY’S DIRECTOR OF THE
BUREAU OF EMERGENCY SERVICES REGARDING
HURRICANE PREPAREDNESS AND OPERATIONS FOR THE
2020 HURRICANE SEASON - PRESENTED BY DAN SUMMERS
MR. OCHS: Yes, sir. Item 5A is a presentation this morning
by Dan Summers, your director of the Bureau of Emergency
Services, regarding hurricane preparedness and operations for the
2020 hurricane season.
Mr. Summers.
CHAIRMAN SAUNDERS: You know, Mr. Summers, when I
was in the legislature, I think Charlie Crist was governor, and he
proposed a proclamation that was passed by the legislature to prohibit
hurricanes from coming to Florida, and we did not have a hurricane
for five or six years. It was maybe even longer than that. I don't
know if that was effective but, Mr. Ochs, you might want to consider
putting something like that together for us.
MR. OCHS: Absolutely. Yes, sir.
MR. SUMMERS: Commissioners, good morning. For the
record, Dan Summers, Director of your Bureau of Emergency
Services and Emergency Management.
And if it's any consolation, I am out of hurricane permit forms.
So, we'll continue to work on that in Collier County as we address
permitting as well.
Thank you for the opportunity. I know you have a full day.
Let me slide through this real quickly.
Obviously, we start with a prediction every year, and it appears
to be a very busy season. We -- although we always talk about
July 14, 2020
Page 16
predictions, at the end of the day, one hurricane, as you know, can
change your year. It can change a couple years in your personal
response and recovery. So regardless of the forecasting, we want to
remind everyone, especially our businesses in town, to be as prepared
as they possibly can.
Secondly, we can't continue to stress enough that folks
understand their topography, they understand their location,
understand their evacuation zone. We have reworked the evacuation
zones not from an elevation standpoint, but from a numbering or
lettering just to try to make that a little bit simpler for everyone.
And so, go to our website, know which zone you live in. We
will still provide geographical reference. For example, if you are
west of 41 or west of Airport-Pulling Road or south of U.S. 41, we
can address those type of things. But understanding your zone is so
very important.
We've also asked you to expand the time of your preparedness
kit. It used to -- we used to say the first 72 hours are up to you.
COVID is changing that. Supply chains are different. Response
mechanisms are different now than they were a year ago. So, again,
we're recommending a 96- or four-day evacuation kit supply kit that
you have on hand. And we realize that's difficult for many. But
right now the discipline is putting a little bit aside each week so that
you can be as prepared as you possibly can.
Staying informed. We were successful with Alert Collier, a
mass notification system. Got a really good test during the wildfire
operations, and we feel very comfortable about that system. If you
have a cell phone, remember it's important to go to that website and
subscribe. We cannot blitz your cell phone without your approval,
and so we want to encourage you to do that.
One thing that's really important this year is that because of the
challenges involved in evacuation shelters, we may, in fact, use Alert
July 14, 2020
Page 17
Collier for some very specific geographical evacuation locations, and
we may send out a message that says shelter in place. We want to
talk more about keeping the census low in an evacuation shelter for
obvious reasons. So, again, maintaining that subscription to Alert
Collier is certainly important. And we know that based on the
storm, based on COVID challenges, we have a very different
opportunity here in terms of how we're going to posture notification
as well evacuation.
If you elect to leave, and we think that's always a good strategy,
leave early. Go well inland sheltering with family and friends, in
hotels.
Remember from your insurance perspective, your individual
home, your insurance company is your first line of defense. Make
sure you understand your homeowners' policy.
With the COVID-19 in the evacuation shelters, remember that
some of our shelters are going to be without air conditioning.
They're going to have minimal services so, therefore, all the
COVID-19 protective action -- protective strategies, such as our
masks, hand washing, hand sanitizing, temperature checks are going
to be real important in the evacuation shelter world.
If you're someone with special needs, if you're electrically
dependent or transportation dependent, please make sure you're
registered with our office. That doesn't guarantee you necessarily a
place at an evacuation shelter, but what it does allow us to do is
continue to check with you and check on you and find out whether or
not you might need special transportation or you might need special
assistance at our special needs shelter, which is Palmetto Ridge High
School.
We have expanded from Irma the number of shelters that we
have available. Remember, we don't have a cot for everybody. So
everyone needs to -- who does come to a shelter needs to be totally
July 14, 2020
Page 18
self-sufficient; that means bringing their bedding, their food, any
resources that that may need to ride the storm out.
A shelter is just a shelter. It's not a hotel. The services are
basic. And we're going to do the very best that we can under those
conditions to make you comfortable.
We have worked very hard. I can't be more proud of the team
at Emergency Management under difficult situations. We've built
response kits for all 22 of these shelters with hand sanitizer, face
masks, hospital disinfectant, and the list goes on. So we are working
really hard to address that.
One comment I want to share with you, the COVID-19 risk
mitigation that we really want to do and we're taking a hard look at is
maybe an automated shelter registration. Traditionally, you sign in
on a piece of paper and talk to a shelter manager to check in, and you
get your wristband. The school district, as you know, has a terminal,
and you can slide your driver's license through that terminal, and it
will provide a roster, their visitor registration process. We'd like to
look at that as a means of mitigating the face-to-face contact for
shelter registration. We don't have the pricing of that yet, but we
think that might be a great way to minimize exposure to county
employees during that shelter registration process. So with your
blessing, we'd like to research that a little bit further.
Moving on real quickly, middle schools are pet friendly. Our
pet-friendly operations are self-service. We've had very good
success with that during Irma; very responsible pet owners. They
brought what they needed. We separate the pets from the
individuals. That keeps the risk down for any concerns. We ask
that adults handle the pets, not children, and that's worked extremely
well in the past. But you do need to bring your crate and all of your
supplies.
We have worked with Dr. Patton and her team. As you know,
July 14, 2020
Page 19
she's done hundreds -- millions, now, of grab-and-go lunches and
breakfast and meals for her students throughout the summer, and she
has mastered -- her team has mastered that process. So there will not
be cafeteria lines in the shelter. There will be bagged food services
available, and we've worked that out with her.
Our special-needs shelter at Palmetto Ridge, we've made an
enormous investment in supplies and equipment over there;
Dr. Patton, who's spent funds as well to rework that generator for
some additional reliability, as well as for additional expansion. And
we're going to continue to work with FEMA and our state partners
for staffing. And we know our public health folks are responsible
for that, but they have been through a heck of a summer, as you well
know. So we want to try to get the -- we'll do our best to get some
additional staffing into Palmetto Ridge.
In terms of county government, understand that while we might
want to come to you to declare a state of emergency a little bit earlier,
not that we necessarily need provisions or prohibitions at that point,
but it is going to take longer to set up. It is going to take longer to
get supplies, material, personnel in place. Individuals and
employees have got to get their situations squared away for the
response to the event as well, and also we may need a little extra
downtime on the backside of the storm in order to pack up and
disinfect our schools on that we can reopen.
We continue to work on social distancing in the EOC, and that's
going very well. We have an opportunity to brief you remotely as
we have in the past.
We had good practice during the 36th Avenue fire, and we've
had great support from the Florida Division of Emergency
Management.
Utilities issues, Dr. George, did you want me to proceed on, or
did you want to make any comments on utilities?
July 14, 2020
Page 20
DR. YILMAZ: All good.
MR. SUMMERS: Okay. Significant investment by Public
Utilities continues to work really hard on generator and stormwater
resiliency primarily for wastewater. That program has gone very
well and has been augmented by some FEMA grants.
Strategies for power outages, again, continue to be towable
generators as well the ability to pump lift stations, et cetera, and
additional in-house investment in supplies and equipment.
Additional work being done on the force main capabilities with
backup generators and their ability to, again, maintain proper flow.
Last, but not least, the partnership. We've been working with every
public safety agency. Eighty-five agencies we've been working with
on COVID throughout the event, so our team is strong, and I can't
thank the community enough.
Finally, stay in touch. Check us out on the website. You can
always dial 311 for additional information and follow us on social
media. Any questions?
CHAIRMAN SAUNDERS: Are there any questions?
Commissioner Taylor.
COMMISSIONER TAYLOR: Well, sorry, this is kind of a
loaded question. Given the social distancing and the issue we have
with sheltering our population, are you going to be able to monitor
folks that might be fleeing from other counties to have respite here?
MR. SUMMERS: Commissioner, it's going to be difficult. I
think the good news is that our working relationship -- all the county
EM directors that conference call sometimes a couple of times a day
can get the pulse, you know, if we're going to get folks from the other
coast or not. We haven't seen a lot of that, traditionally, in previous
storms. The East Coast tends to travel north, just as we do; we tend
to travel north, but all of that is certainly under consideration
depending on the track of the storm.
July 14, 2020
Page 21
Either way, you know, we'll get support from Florida
Emergency Management and the Governor's Office and do the best
that we can under the conditions that we have.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Just as a repeat. Could you
make sure that you get the information with regard to the shelters,
where they are, who's pet friendly, who isn't, who's allowed to go
where or enticed to go in any particular place so that we can all share
it with our constituents. I know I have a web page that I utilize quite
regularly to put that information out so folks have an opportunity to
go, and some of my colleagues do newsletters and the like. So just
make sure that we have that.
MR. SUMMERS: Absolutely. We'll pass that along. Thank
you.
CHAIRMAN SAUNDERS: All right. Any other questions or
comments from the Commission?
(No response.)
CHAIRMAN SAUNDERS: Do we have any registered
speakers?
MR. CASALANGUIDA: No, sir.
CHAIRMAN SAUNDERS: Thank you, sir.
MR. SUMMERS: Thank you, all. Thank you for the support.
COMMISSIONER FIALA: Commissioner Saunders, I was
going to say, I missed most of everything that the girl from Lely High
School said.
MR. OCHS: Commissioner, I'm sorry.
COMMISSIONER McDANIEL: We're missing everything
you're saying.
COMMISSIONER FIALA: Sorry. I missed almost
everything that the girl from Lely High School said. I
July 14, 2020
Page 22
couldn't -- because of the mask, it seemed like it was muffled. I'm so
sorry. Maybe it's just my hearing that's bad, but I'm having a
problem. But they can't spread anything, they're so far away from
everybody up there. And they clean everything off even though
people are wearing masks. Could we suggest that maybe they speak
without a mask?
CHAIRMAN SAUNDERS: Yeah. We have permitted that. I
think it's kind of a personal choice. If someone wants to come up to
the microphone and keep their mask on, that's fine. If you want to
take your mask off while you're speaking, that's fine as well.
COMMISSIONER FIALA: Thank you. I appreciate that. I
appreciate that.
CHAIRMAN SAUNDERS: Mr. Ochs, we're down to the
public petitions?
Item #6A
PUBLIC PETITION FROM JUDITH HUSHON REGARDING
INSTALLING CHARGING STATIONS AT PUBLIC FACILITIES
- DISCUSSED; COUNTY MANAGER TO BRING BACK A
STAFF ANALYSIS, INCLUDING THE COST BENEFIT –
CONSENSUS
MR. OCHS: Yes, sir. It's Item 6A, and this is a public petition
request from Ms. Judith Hushon regarding installing charging
stations at public facilities.
CHAIRMAN SAUNDERS: Good morning.
MS. HUSHON: Good morning.
CHAIRMAN SAUNDERS: And I believe you have 10
minutes for public petitions.
MS. HUSHON: Yeah. I have to figure out how to bring this
July 14, 2020
Page 23
up.
CHAIRMAN SAUNDERS: We won't start the clock until
you're ready to go.
COMMISSIONER McDANIEL: We also want the record to
reflect as well she didn't follow the arrows on the floor.
COMMISSIONER FIALA: That what?
COMMISSIONER McDANIEL: She didn't follow the arrows
on the floor either.
COMMISSIONER FIALA: Add a little levity to the meeting.
MS. HUSHON: Thank you. Sorry. I'll do that. Is that
enough for you?
I think it's time for Collier County to start thinking about electric
vehicle charging stations. You know, we're the largest county in
Florida, and people have to drive sometimes 50 miles to get here.
And if you happen to have an electric vehicle, you drive here and
back, you may have blown your charge. So, I think there's a real
need.
I have sent out some materials, and I'd like to do a little
presentation today, if I may.
The transportation sector has now taken over from the electric
sector as being the largest greenhouse gas generator in Florida. The
one way we can do something about it is electric vehicles and
encouraging them, but Collier County isn't very encouraging. I have
one. I'll tell you, it's really hard to find a charger here in Collier
County, a public charger.
The cost of vehicles is coming down. The cost of batteries is
coming down. These are all good things. And encouragement,
therefore, is something worth doing. We have a situation where -- I
have had my car now for two years, and I am on my seventh tank of
gas. Mine is a dual hybrid. I get 14-plus [sic] miles per gallon.
Yay. This is what we need to be encouraging.
July 14, 2020
Page 24
COMMISSIONER SOLIS: I'm sorry. You said 14 miles a
gallon?
MS. HUSHON: Yes.
COMMISSIONER SOLIS: Fourteen.
MS. HUSHON: Yes. No. I'm sorry.
COMMISSIONER SOLIS: Yeah, right.
MS. HUSHON: No.
MR. OCHS: 140?
MS. HUSHON: 114; 114.
COMMISSIONER SOLIS: 114.
MS. HUSHON: I'm sorry. 114 miles a gallon.
COMMISSIONER McDANIEL: My one-ton truck --
MS. HUSHON: You do better than that. Yeah. It's 114. I'm
sorry. 114 miles a gallon.
People are really worried about where to get charges if you have
an electric vehicle. People plan trips and even plans to go to a
farmers’ market or something knowing where they can get a charge.
And the consulting firm of M.J. and Bradley said Florida can
achieve a 70 to 80 percent reduction in emissions if we encouraged
nearly all vehicles to be electric by 2050. It just says, when you're
buying your next car, look at it.
There are three kinds of charging stations. Level one, it's
your -- it's your 120-volt that's in your house. It's all the plugs that
are around the walls. It takes about an overnight to charge.
Level 2 is 240; this charges in about four hours. And, actually, these
are what I'm recommending you to install or to require to be installed,
because they take three or four hours.
Level 3 is a 480, and this is what the state is planning on
installing along our two major highways with the Volkswagen
settlement money. They announced this two days ago, our governor.
And they're going to put in these fast charging stations on our big
July 14, 2020
Page 25
Internet roads so that you will have the potential of getting through
the state and getting a charge to get through it.
So, the one thing I would say, be sure when you specify your
connectors, you specify the round connectors and not the Tesla
connectors. Tesla connectors are ovoid, and most cars can't use
them. Only Teslas. But the Tesla people give their people a
converter to the normal round socket, which looks just like the one
behind your electric dryer. That's exactly what it looks like.
The first installment will be 27 stations, but they're only using
25,000 -- 25 million out of 166 million. They will be doing a lot
more statewide stations. And these will be the rapid EV stations.
And they really see this as a roadmap to opening up the state. Our
state's behind. A lot of other states have done a lot more.
What can we do? I would like to ask you to look at installing
stations in public county locations, including government centers,
libraries, parks, places where people go and spend some time. They
may also come there from some distance and need to go some
distance back from there.
And I would like to change the Land Development Code to
require hotels, motels, and shopping centers to install them; and begin
to acquire a county fleet of electric vehicles. We buy new vehicles
every year. Some of these can be electric. Think about your guy
who goes around and inspects homes to see if they were built
properly. He could certainly be using an electric vehicle. He plugs
it in overnight, charges it up, goes out the next morning, goes to his
five or six stops, comes back, plugs it in. It's really very simple, but
it's something that our county needs to do.
One of the things I did, I sent this document, and you should
have gotten it. This was put out by the Southeast Florida Regional
Compact on climate change, and it has in it sample LDC code
changes that were made along the southeast coast by various
July 14, 2020
Page 26
jurisdictions. This included, for a shopping center of this size, how
many EV parking spaces you have to have. For a hospital, how
many EV parking spaces you have to have. For the government
center. So, they've already put out a first estimate. But I think it's
something that it's high time we looked into, and it's kind of saying,
let's bring us up to the 21st century, let's get with the program, and
get to thinking electric vehicles. You don't have to drive one, but
think one. Your neighbors are driving them, and they would
appreciate your approving asking staff to look into this and come
back to you with a plan for how we could go about doing this. So
that's what I'm asking this morning.
Thank you.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. Just a quick question.
Are they more expensive than regular cars?
MS. HUSHON: A little bit. But you know what, I haven't put
any gas in my car, and a charge of my car is less than 25 cents.
COMMISSIONER FIALA: Thank you.
MS. HUSHON: So that gives you a little bit of a -- you know,
some states actually, I'll tell you, are worried because they're not
getting as much gas tax money, states like California where they have
a lot of electric vehicles. But that's another whole issue. It can be
another day. But I will say, I think putting in the charging
stations -- and I would not charge for the charging stations. I would
put them in as a county service. What are you going to charge for a
25-cent charge; a quarter?
COMMISSIONER McDANIEL: Two bucks.
MS. HUSHON: You're going to charge two bucks. Come on.
Like nickel-and-diming.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I'm sorry, yes. I
July 14, 2020
Page 27
wondered -- Ms. Hushon, thank you very, very much, but I think it's
important for you to know what we've done so far. So, I don't know
if I turn to my County Manager or my Deputy County Manager about
what we're doing here for --
MR. CASALANGUIDA: Sure, ma'am. At the sports
complex, we've included electric vehicle charging stations. Under
the FPL program, they install them for free. You have to provide
free power for a period of seven years. And, Ms. Hushon, it's more
than 25 cents to charge your car, from what I've been told by FPL.
We're going to look at them, I think, as part of our standards
going forward at government centers and work with FP&L to see if
we can include those at a lot of our projects that are coming forward.
So, we have installed one at the sports complex, and we are
looking at them at other projects.
MS. HUSHON: I think you really ought to be looking at them
here, for one thing. People come here for the courthouse and for the
county from all over the county. They come to other -- they come to
the libraries and spend a lot of time there. Some people spend a lot
of time at our libraries and the other sports complexes like the one up
off Livingston Road, for example.
So, I'm just suggesting that I think this ought to become a
standard thing. They can be retrofitted. That is not a big deal.
They don't have to put in from the beginning. And if you can work
out a deal with FPL, go for it --
MR. CASALANGUIDA: Okay.
MS. HUSHON: -- Nick. I mean, that's just --
CHAIRMAN SAUNDERS: All right. Thank you. Thank
you very much.
We'll move to Item 9A, I believe, is next.
MR. OCHS: Yeah, Mr. Chairman, before we move on from
6A, your normal policy after hearing a public petition is to either take
July 14, 2020
Page 28
no action or direct the staff to do some -- perhaps some research and
come back at a later date with a report on this item. Is there a
preference from the Board at this point?
CHAIRMAN SAUNDERS: I think that's a great idea. I
thought we were already doing that, frankly.
COMMISSIONER McDANIEL: Right.
COMMISSIONER TAYLOR: Maybe we could have a plan
going forward with what we're doing.
MR. OCHS: Yeah. What I'd like to bring back is maybe a
staff analysis and a bit of a five-year master plan that is a proposal
you can evaluate for cost benefit.
CHAIRMAN SAUNDERS: Great. All right.
COMMISSIONER McDANIEL: Including the cost benefit.
MR. OCHS: Featuring the cost benefit. Yes, sir.
CHAIRMAN SAUNDERS: I think there's unanimous approval
of doing that.
MR. OCHS: Very good. Thank you.
CHAIRMAN SAUNDERS: Thank you, Ms. Hushon.
Item #9A
ORDINANCE 2020-21: A SINGLE PETITION FROM THE 2018
CYCLE THREE OF GROWTH MANAGEMENT PLAN
AMENDMENTS FOR AN AMENDMENT PROPOSED TO THE
FUTURE LAND USE ELEMENT TO ESTABLISH THE
VENTANA POINTE RESIDENTIAL OVERLAY AND NOT TO
APPROVE FOR TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW
AND COMMENTS RESPONSE. [PL20180002668/CP-2018-7] –
ADOPTED; MOTION TO DIRECT STAFF TO AWARD TWO
DWELLING UNITS TO NON-VILLAGE DEVELOPMENTS –
July 14, 2020
Page 29
APPROVED; MOTION FOR STAFF TO BRING CONTRIBUTION
TO CONSERVATION COLLIER – APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 9 this
morning, advertised public hearings. You have two companion
items to be heard this morning, Items 9A and 9B. We'll begin -- we
can hear them both but understand there's different recommendations
from the staff on 9A and 9B. So, if the Board does not approve
Item 9A, we would not take action on 9B.
CHAIRMAN SAUNDERS: All right. Why don't we go
through the ex parte, swear in the witnesses. I realize we're on an
item that doesn't require that, but we'll be on 9B. They're kind of
combined.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: So, let's start with Commissioner
McDaniel in terms of ex parte disclosures in reference to Item 9B.
COMMISSIONER McDANIEL: Yes. Meetings, emails, and
phone calls.
CHAIRMAN SAUNDERS: And, Commissioner Taylor.
COMMISSIONER TAYLOR: I'm the same.
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER SOLIS: Meetings, phone calls with
Mr. Yovanovich, and Mr. Zuckerman.
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER SOLIS: And some emails, yeah.
CHAIRMAN SAUNDERS: Commissioner Fiala?
COMMISSIONER FIALA: Yes, excuse me. I only had
meetings and emails.
CHAIRMAN SAUNDERS: All right. And I had some
meetings and emails and telephone communications as well in
reference to Item 9B. And we need to swear in the witnesses. So if
July 14, 2020
Page 30
you're going to testify, please stand.
(The speakers were duly sworn and indicated in the affirmative.)
MR. OCHS: Mr. Chairman, Item 9A is a recommendation to
deny the single petition for a growth management -- Cycle Three
Growth Management Plan amendment proposed to the Future Land
Use Element to establish the Ventana Pointe residential overlay and
not to approve for transmittal to the Florida Department of Economic
Opportunity for review and comment. This item is an adoption
hearing, and it's a companion to Item 9B, which is a request to
change the zoning classification from rural to agricultural "A" zoning
district within the Rural Fringe Mixed Use District overlay receiving
lands to a residential Planned Unit Development zoning district for a
project known as Ventana Pointe RPUD to allow construction of up
to 77 detached single-family dwelling units.
This property's located on the south side of Immokalee Road,
approximately two miles east of Collier Boulevard. And the
petitioner begins.
MR. MULHERE: Good morning. For the record, Bob
Mulhere here on behalf of the applicant.
I am having trouble. I cannot start this PowerPoint because this
little message is in my way. Troy, if you hear that, I need some help.
But I'll proceed as it is --
MR. MILLER: Bob, push F5.
MR. MULHERE: Thank you. I'm working on it. I did.
Okay. Thank you, Troy.
So as the County Manager indicated, this is two companion
petitions. It's a Growth Management Plan Amendment and a
Residential Planned Unit Development. On the screen right now is
an aerial that shows the subject property. It's presently zoned ag,
and it is located within the Rural Fringe Mixed Use receiving area.
This is a snippet from the Future Land Use Map. Shows the
July 14, 2020
Page 31
subject property, which had direct frontage on Immokalee Road and
is located within one mile of the urban boundary. It is right here.
Just another aerial showing the location within one mile of the
urban boundary.
And this just shows some of the surrounding development.
Directly across the Immokalee Road is Heritage Bay. There's some
multifamily right here, and then you have similar development as we
are proposing in this vicinity here. I think that's called La Morada,
as well as over here, and over here.
There are only a handful of parcels that could possibly be
developed in the future that are within one mile of the urban
boundary. And what's unique about this parcel is that it has not only
direct frontage on Immokalee Road where we will take our access,
not only that it's within one mile of the urban boundary, it also has
access to central sewer and water to serve the site -- Collier County
central water and sewer to serve the site.
The density we're requesting is 77 units, which is 2.04 units per
acre. I'm not going to go over all this because it's part of the
presentation as I proceed, so there's a lot of information on that slide.
I'll do that as I go through here.
This is the actual transmittal language. The property's
37.62 acres. Primary access shall be via Immokalee Road.
We had a neighborhood information meeting in October, and
there were about 10 or 12 people there. There were some comments
and concerns from the attendees that related to four issues. One was
the access, which at that time we were proposing off a private road on
our east side called Richards Road. And the folks that live along
Richards Road did not want us to use that for access, so we
redesigned the site to access off Immokalee Road where we will be
installing a turn lane.
They also had concerns about the density and the fact that we
July 14, 2020
Page 32
were proposing to allow a multifamily product. We agreed to limit it
to single-family detached and reduce the density to 77 units.
The other issue was related to the perimeter landscape buffers.
The perimeter landscape buffers would otherwise be, I believe,
10 feet, on the west, a Type D, I believe a 20-foot buffer along
Immokalee Road, and 20 foot on the other two private roads that abut
us on Richards and Sunset, which I'll point out to you, and we agreed
to do a 25-foot Type B buffer, which is substantially increased from
what we would otherwise be required.
We have to buy TDRs, and this map shows you the locations
where my client has contracts to purchase those TDRs. This is just
under 80 acres of land that would be put into -- that would limit land
development under the TDR program to transfer or sever the TDRs
from these parcels.
You will recall that at the transmittal hearing the Board added an
additional condition on this that's highlighted in the box right here
which says that the purchaser of the TDR credits will enter into a
contract from sending lands that have not severed TDRs of the date
of the contract, and the owner subsequently severs those TDRs. So,
the idea would be that we would be putting more lands into sending
than exist today. And that is the case with these properties.
And as we have indicated, we believe it's a very reasonable
incentive to develop this program which, again, has those attributes
that few properties have of being close to the urban area, access to
central sewer and water, and direct access to an arterial roadway.
By the way, the purchase price for those TDRs is $19,428 per
TDR, which is really a premium price. So, as we suggested, the
effect of this is that the actual price being paid to those sending
landowners is considerably higher than what has previously been
paid, which ranges from about 12,000 to 15,000.
Moving to the PUD -- and I think I mentioned all of this, so I
July 14, 2020
Page 33
won't spend any additional time on it, but we did have no opposition
at the transmittal hearings and no opposition at the Planning
Commission adoption hearing.
After the neighborhood information meeting when we changed
the plan to address the concerns, we sent an email, my client did, to
all of the folks that were at the meeting. We had no -- we had one
email back, one or two, that supported the concept and the changes
that we had made. And that is one of the emails that we received
back. A little hard to read, but it's favorable.
This is the master plan. You can see the -- in the green,
surrounding the property, the enhanced buffer, the access off
Immokalee Road right there. We have a 9.63-acre preserve right
here, and it meets all of the requirements that we agreed to at the
neighborhood information meeting.
We were also -- early on at the Planning Commission, I believe,
at transmittal, there was a desire that we meet the open space
requirements and native vegetation preservation that would have been
required. As you know, this -- under the current Rural Fringe Mixed
Use District, you need 40 acres to accept TDRs, and this is
37.62 acres, and that was reduced by acquisition for widening
Immokalee Road.
And so, part of this allows us to accept TDRs even though we
are 37.62, because the property was reduced in size for a public
benefit to widen Immokalee Road. But we have based our native
vegetation and open space as if we were still 40 acres. So, we
exceed the requirements and meet or exceed the requirements that
would have
been required if we were still 40 acres.
There was one issue that came up between transmittal and
adoption. My client had submitted a subdivision plat to get that
process working. Staff indicated we needed to have a sidewalk
July 14, 2020
Page 34
along Richards and along Sunset, which is the east and south property
line.
And this cross-section here shows you the challenges. So, on
my client's property there is a -- there's a 30-foot private access
easement. This is Richards Street or Sunset. These -- there is a
matching 30-foot easement here on the adjacent property. The
right-of-way -- the roadway, which is 20 feet wide, is entirely on my
client's property, and immediately adjacent to it is a drainage ditch.
Those are both necessary. That's perfectly fine. There just wasn't
any room to put a sidewalk within that 30-foot easement.
So, we did meet with staff, and staff supported putting a
sidewalk in the 25-foot buffer, as we will still retain a 20-foot
planting area, and we'll still put in the Type B planting. So, it will
still work very well. And the issue was that you can either build a
sidewalk or you pay in lieu, and the formula you use to pay in lieu is
twice the cost of installing the sidewalk. So, we're going to install
the sidewalk, and hopefully somebody will use it.
So, in conclusion, we believe the overlay amendments to the
Rural Fringe Mixed Use District makes sense. It will generate
interest, and in this case, we've demonstrated it will generate interest
and the higher purchase price for those TDRs. A lot of those smaller
sending landowners who lost their development rights have not seen
a value in transferring those, because the cost -- the price is too low.
And as you know, there is a restudy going on. I think it's somewhere
in three years now, and that was the reason why we came forward.
We just couldn't wait any longer. And I do know that that restudy is
moving forward, but it probably will be -- I'm not sure -- some time
before it gets to you.
So, I do want to ask Rich if I missed anything. Sorry. Yes, I
did. I forgot to mention that the Planning Commission
recommended unanimous approval of this project both at transmittal
July 14, 2020
Page 35
and at the adoption hearing.
CHAIRMAN SAUNDERS: Mr. Mulhere, we're hearing both
petitions at the same time, so does that conclude the petitioner's
comments?
MR. MULHERE: It does.
CHAIRMAN SAUNDERS: We'll see if there are any
questions or comments from the Commission.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Just specifically where is the
80 acres that you're acquiring for creating the TDRs?
MR. OCHS: Mr. Chairman, we also have a staff --
CHAIRMAN SAUNDERS: Right. We're going to get to that
as soon as we finish the questions here. We'll get the staff, and then
we'll also get to public comment. Thank you.
MR. YOVANOVICH: It's in the North Belle Meade area,
which is one of the more sensitive areas under your Comprehensive
Plan.
I'm not sure if I'm allowed to touch this or not.
For the record, Rich Yovanovich.
So, yes, the property is located in the North Belle Meade area,
and I could put the graphic back up.
COMMISSIONER McDANIEL: Well, we talked about it the
other day, and, you know, I wasn't -- I thought you had shared with
me it was in that Frangipani area.
MR. YOVANOVICH: Yes, yes, it's up in that area.
COMMISSIONER McDANIEL: In the North Belle Meade. I
just wanted that for clarification. That is -- it's sensitive area that
we've been looking at, so...
MR. YOVANOVICH: Right.
CHAIRMAN SAUNDERS: All right. If no other questions
from the Commission, let's go to staff presentation.
July 14, 2020
Page 36
Good morning.
MS. JENKINS: Good morning, Commissioners. Anita
Jenkins, your Interim Planning and Zoning Director.
Your Comprehensive Planning staff had made a
recommendation of not to approve and transmit this item, and if you
chose to do so, that you reduce the density to one unit per acre
consistent with the Rural Fringe Mixed Use District; however, if you
choose to transmit, we would like to seek your direction to bring back
an amendment to the Rural Fringe Mixed Use District to allow two
units per acre for all non-village properties. And I'm happy to
answer any questions that you have on this project.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: And this is where -- this is
just a point of clarification. Are we not adopting it today? We've
already transmitted.
MS. JENKINS: So, you transmitted at the transmittal hearing,
and today's the adoption hearing. So, your decision today would be
final.
COMMISSIONER McDANIEL: Okay. So, this is the
adoption hearing that we are hearing today, and you're
recommending that we not transmit from before?
MS. JENKINS: And if you choose to transmit, that you would
direct staff to bring back an amendment to two units per acre.
COMMISSIONER McDANIEL: Of course, okay. Number
two -- I have several questions, if I may, Mr. Chair.
CHAIRMAN SAUNDERS: Sure.
COMMISSIONER McDANIEL: Number two, in your opinion,
are we establishing a precedent here that is going to negatively
impact the entire TDR or Rural Fringe Mixed Use District?
MS. JENKINS: Well, fortunately, we're going to bring back
the amendments to the Rural Fringe Mixed Use District in the first
July 14, 2020
Page 37
quarter of next year, so we can take your decisions today into
account. So, if we do go to two units per acre, we can recalibrate the
credits to allow that to occur.
There's been many credit ideas that are coming forward, one to
protect agriculture lands and one to protect flow-ways. So that's
going to generate more credits for the system. So, once we get your
direction on density, then we can recalibrate those credits
accordingly.
COMMISSIONER McDANIEL: Speaking of the credit
system, have you got any idea with regard to the balance in the
system as the supply and demand goes?
MS. JENKINS: Well, right now, the supply seems to be
working okay. If the petition right now is demonstrating that they
can go out and buy properties, the supply is there. But moving
forward that supply will be greater when we bring back credits to
incentivize those things that are important to this board, flow-way
protection and agriculture.
COMMISSIONER McDANIEL: Absolutely. And I was
getting more on the larger picture with regard to the requisites of
TDRs for the development of the lands that are designated as
receiving areas and the supply/demand ratio with regard to the
availability of TDRs in relationship to the requisite to have them.
MS. JENKINS: So, I think what we found in the study is that
you do have some imbalance in supply and demand and, therefore,
we are adding credits to the program.
COMMISSIONER McDANIEL: Okay. Commissioner
Taylor.
COMMISSIONER TAYLOR: Yeah. Just a couple things, but
this caught my eye. My understanding is there are already credits in
the system for flow-ways and agriculture.
MS. JENKINS: Not in this program. This program --
July 14, 2020
Page 38
COMMISSIONER TAYLOR: The mixed use, the RLSA is,
but not this RFMUD.
MS. JENKINS: Right. The RFMUD was designed primarily
to protect habitat areas, but we're incentivizing agriculture and flow-
ways as well.
COMMISSIONER TAYLOR: But it's also my understanding
that the RFMUD is to promote affordable housing.
MS. JENKINS: In the rural villages, there is a requirement to
provide affordable housing, in rural villages. That would not apply
to the non-village areas.
COMMISSIONER TAYLOR: Which is petition --
MS. JENKINS: Yes, ma'am. This petition would qualify for
non-village.
COMMISSIONER TAYLOR: So, what, in your opinion, are
we giving density for here?
MS. JENKINS: The recommendation of staff was to limit the
density to one unit per acre, but if you choose to increase the density,
to do that for the entire program as we bring back an amendment.
COMMISSIONER TAYLOR: Does -- in your opinion, in your
opinion, does this -- because I've heard some comments from the
public. Are we allowing -- now are we allowing developers'
attorneys and developers to define our program?
MS. JENKINS: Well, the developers and any property owner
in our system can come in for a Growth Management Plan
Amendment. We allow that. And then it's the Board's policy and
the Board's decision whether they want to move forward with that
amendment or not. Currently, your program allows for one unit per
acre for the entire rural fringe area. So, all the properties that have
participated in the program thus far have been achieving one unit per
acre. This would change that.
COMMISSIONER TAYLOR: Right. But we want to adopt it.
July 14, 2020
Page 39
MS. JENKINS: If you want to adopt it, it would change that,
and we would ask for your direction to apply that to the entire
program.
COMMISSIONER TAYLOR: Why?
MS. JENKINS: That was part of the study to increase the
density and, therefore, incentivize the protection of the habitat areas,
because you weren't seeing the habitat areas protected as readily with
the density at one unit per acre.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SAUNDERS: So, this will make the transfer of
those development rights more readily available and more
successful?
MS. JENKINS: It could --
CHAIRMAN SAUNDERS: More opportunity to --
MS. JENKINS: I think that's what this project is
demonstrating, a willingness from the developers to go forward with
this density and the credits.
CHAIRMAN SAUNDERS: So, we're not just simply giving a
developer -- a particular developer a benefit. This actually will
benefit the overall program.
MS. JENKINS: In the protection of -- yes, in the protection of
habitat areas, it will benefit the overall program.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Thank you.
I have a question for the lawyer or the developer. Thank you,
Anita. You did well.
And let the record reflect that Mr. Yovanovich is not following
the arrows either. Are those arrows on the floor?
CHAIRMAN SAUNDERS: We'll let you know where those
arrows are after the meeting.
COMMISSIONER TAYLOR: You just need to paint them
July 14, 2020
Page 40
yellow so we can follow the yellow brick road.
MR. YOVANOVICH: Well, it's just --
CHAIRMAN SAUNDERS: They're hard to see with a mask
on.
MR. YOVANOVICH: If I follow the theme of Commissioner
Taylor, you know, I don't like to follow the rules anyway, so I
just -- sorry.
COMMISSIONER McDANIEL: I started this, so forgive me.
MR. YOVANOVICH: You did. It's all in fun.
COMMISSIONER McDANIEL: It is. I'll accept that. You
know, I want to ask a couple of questions. You're -- one of the
stipulations that we asked was that they actually enhance the Rural
Fringe Mixed Use District by actually going out and buying land and
severing the TDRs.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER McDANIEL: And we all know that -- well,
most of us know that you get two TDRs for showing up, and then you
get more TDRs if you contribute the land to an agency that will
accept it, and then -- and/or do the environmental remediation.
And so my question is, would you consider, if, in fact, it flies
with staff and the county -- my understanding is is that there is a
permit that is requisite for the removal of exotics and enhancement of
the habitat with the District?
MR. YOVANOVICH: Yes. One of the good things about the
Rural Fringe Mixed Use District program is that you can get the third
credit, which is -- I call it the cleanup credit. You remove the
exotics, and you make sure it stays exotic free usually for five years,
according to your Water Management District permit. So we will be
able to obtain the third credit by cleaning up and removing the
exotics which will get us to the number of TDRs we need under the
program we're talking about.
July 14, 2020
Page 41
Where we find problems is with the fourth credit, which is the
conveyance credit. The state agencies simply don't want the land;
however, the county could take the land or Conservation Collier
could take the land. So, if we were -- if we could get the fourth TDR
through a conveyance credit, that's my shorthand for what your
program already provides. So, there are those four credits that are
already out there.
COMMISSIONER McDANIEL: Thank you for explaining
that.
My question is, we want to support the program. We want to
protect the environment. The developer is already going through the
motions of the exotic removal and the habitat enhancement. If, in
fact, the conveyance credits could be generated and Conservation
Collier was in the mind to take it, we've already -- he's got a five-year
agreement with the District where it has to be maintained. It has to
be clean before the bequeath occurs. So, we're not taking on that
original expense that we oftentimes do when we buy lands with
Conservation Collier funds, and there is an extra -- there is extra
credits that are generated. So I would like -- I don't -- I don't know,
necessarily, how to word this, but what I would like to stipulate is
that that land be contributed to Conservation Collier if we'll accept it,
and the credits that are generated from that inure to the benefit of the
county.
MR. YOVANOVICH: So, let me give an example of how that
would work. If we were to do 60 acres -- we have a right to buy
80 acres. We're going to need about 60 of those acres to get enough
credits and to meet our environmental permitting requirements. So
we would get the first three credits that would come to us. The
fourth credit, by giving the lands to -- as I understand it, would be a
donation to Conservation Collier. It would not be an acquisition by
Conservation Collier.
July 14, 2020
Page 42
COMMISSIONER McDANIEL: That's correct.
MR. YOVANOVICH: So, it's free land --
COMMISSIONER McDANIEL: Free land.
MR. YOVANOVICH: -- to Conservation Collier.
COMMISSIONER McDANIEL: Five years worth of
maintenance and --
MR. YOVANOVICH: On the lands we use as mitigation, we
would do the maintaining and you would get it clean, for lack of a
better word, and you're asking us to give the land to Conservation
Collier as well as the fourth TDR that we would obtain from that
conveyance would also go to the county. So, you can use -- let's just
use 15,000 an acre for what you may decide to sell the TDRs from.
That's basically the market price today. We're paying above that.
But that would be land free with the potential to earn another
$180,000 to the county through its program to use for Conservation
Collier, use however you want.
So that's what you're asking?
COMMISSIONER McDANIEL: Yes.
MR. YOVANOVICH: And we've talked about that. We've
gone back and done the math, and that would -- that would work for
us, because the reality is, it's hard to find the conservation credit
anyway -- I mean, the conveyance credit anyway so if that will also
incentivize the program to continue to work, I think that's a great
addition, and we can craft language. And I've met with your County
Attorney over the phone to put those concepts into play. So, we
have language with your staff and your County Attorney to allow for
that fourth credit and the free donation to -- if Conservation Collier
wants it. They don't have to take it.
COMMISSIONER McDANIEL: Correct.
MR. YOVANOVICH: If they don't want it, they don't have to
have it, but we'll make it available.
July 14, 2020
Page 43
CHAIRMAN SAUNDERS: I think we ultimately make the
decision on what property Conservation Collier takes.
MR. YOVANOVICH: Right.
CHAIRMAN SAUNDERS: So, if we take this route, I think
that's a given that we're going to be accepting that property into
Conservation Collier.
COMMISSIONER McDANIEL: Well, it could come back at a
separate presentation.
MR. YOVANOVICH: It will come back, but -- yes. And it's
where you guys have targeted your acquisitions.
CHAIRMAN SAUNDERS: So, your proposal is not to set that
in stone today.
MR. YOVANOVICH: Right.
CHAIRMAN SAUNDERS: But to direct staff to come back
with that type of proposal.
COMMISSIONER McDANIEL: Yes, sir.
CHAIRMAN SAUNDERS: All right. Commissioner Taylor?
COMMISSIONER TAYLOR: I'm reminded of when the
Naples Preserve was created in the City of Naples, and every
developer in Collier County realized it was a perfect place to put their
gopher tortoises so they could develop their land. And suddenly we
had an overpopulated gopher tortoise because they would drop them
in the middle of the night. Then the agencies would come back and
they say, oh, there's no gopher tortoises here.
What I don't want to get into is a gopher tortoise issue with
Conservation Collier. Conservation Collier researches where they
want to create land and where they want to buy land, and there's a
reason for it, and it can't be -- in my opinion, it can't be because a
developer needs a conveyance vehicle, but what it can be is
something that could be considered.
MR. YOVANOVICH: Right. And that's what we've written
July 14, 2020
Page 44
in the language.
COMMISSIONER TAYLOR: But if we accept this, I
don't -- I'm not so sure. I mean, I'd like Conservation Collier to look
at it --
COMMISSIONER McDANIEL: Absolutely.
COMMISSIONER TAYLOR: -- but I'm not so sure that if we
accept it now, that means we have to accept it because we're the
ultimate board.
CHAIRMAN SAUNDERS: So, the proposal would be that if
we approve these two petitions this morning, then staff can take a
look at that proposal from Commissioner McDaniel and come back to
us. We're not making a decision on that proposal today.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER McDANIEL: Correct. And if you wish,
I'll make a motion to that effect.
CHAIRMAN SAUNDERS: Well, let's go through the rest of
this hearing first, and then we'll --
COMMISSIONER McDANIEL: Oh, I thought we were done.
CHAIRMAN SAUNDERS: We'll get to motions once we
conclude.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SAUNDERS: Does that conclude our staff
presentation as well?
MS. JENKINS: (Nods head.)
CHAIRMAN SAUNDERS: We do have a public hearings
[sic].
MR. CASALANGUIDA: No, sir. Your public speakers are
consultants, so there are no public speakers.
CHAIRMAN SAUNDERS: No public speakers.
Okay. So, we'll close the public hearing. Now we're ready for
motions on Items 9A and 9B.
July 14, 2020
Page 45
COMMISSIONER McDANIEL: Do you want me to repeat it
or just --
CHAIRMAN SAUNDERS: Let's do this: Let's take up the
transmittal motion first on 9A.
COMMISSIONER McDANIEL: The adoption.
CHAIRMAN SAUNDERS: For the adoption, rather. So, we
need a motion to approve Agenda Item 9A. And you may be
making a second motion in reference to that. So, is there a motion to
approve Item 9A?
COMMISSIONER McDANIEL: Yes.
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and
second on Item 9A. Any discussion?
MR. OCHS: Mr. Chairman, I just want to make sure the
motion marker and the second are including in that recommendation
the staff recommendation to direct us to now look to award two
dwelling units to non-village development in our upcoming restudy
recommendation.
COMMISSIONER McDANIEL: Right. And that's to be
approved at a future time when we're reviewing the entire Rural
Fringe Mixed Use District.
CHAIRMAN SAUNDERS: Let's do this procedurally,
correctly. We have an item in front of us, 9A. We're going to
approve that, and then we're going to direct staff, in a second motion,
to deal with the other item. So, we have a motion.
MR. OCHS: This is still 9A.
CHAIRMAN SAUNDERS: On 9A, to approve 9A. All in
favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
July 14, 2020
Page 46
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Mr. Ochs, you need some direction going forward?
MR. OCHS: Yes, sir, Mr. Chairman. In light of the Board's
decision to approve, the staff, with regard to 9A, is recommending
that the Board direct the staff to award two dwelling units to
non-village developments in the upcoming restudy GMP
amendments and to recalibrate the TDRs accordingly.
CHAIRMAN SAUNDERS: All right. Do we have a motion
and second?
COMMISSIONER McDANIEL: I so move.
CHAIRMAN SAUNDERS: All right. We have a motion and
second.
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: Okay. We have a motion and
second. All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: That passes unanimously.
MR. OCHS: Thank you.
CHAIRMAN SAUNDERS: And, Commissioner McDaniel,
does that cover your -- you had another issue in reference to --
COMMISSIONER McDANIEL: Conservation Collier.
CHAIRMAN SAUNDERS: Conservation Collier. Why don't
you make that motion now.
July 14, 2020
Page 47
COMMISSIONER McDANIEL: If you would indulge, I
would like to give direction to staff to bring back to us at a future
time the contribution of this land to Conservation Collier for free and
then -- and the development of those TDRs, severing of those TDRs,
to inure to the benefit of the county in some form or fashion.
CHAIRMAN SAUNDERS: We have a motion. Is there a
second?
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: We have a motion and second.
Commissioner Taylor.
COMMISSIONER TAYLOR: I wonder if the motion maker
would amend their motion by saying -- and that -- by having
Conservation Collier weigh the value of this land to the program.
COMMISSIONER McDANIEL: Absolutely. Well, I mean,
and also the density with regard to the gopher tortoises, because we
don't want overcrowding.
COMMISSIONER TAYLOR: No, it's not gopher tortoises I'm
talking about.
COMMISSIONER McDANIEL: I know.
COMMISSIONER TAYLOR: I'm talking about the bully
pulpit we have by which Conservation Collier feels that their science
is being over -- well, their science is being diminished by the need of
a developer. So, what I want to do is prevent that, because
Conservation Collier spends a lot of time looking at lands and
assembling lands and why they're very important to the program. So
by us asking them to look at these, I don't want them to feel obligated
to recommend this. I want an honest scientific-based response to
this property.
COMMISSIONER McDANIEL: I would expect nothing less
than that out of our staff at Conservation Collier. This motion is
only -- is by no means an obligation to me. It's just an enhancement
July 14, 2020
Page 48
of already known environmentally sensitive lands and enhancement
of habitat in an area where we are already accumulating additional
lands. So -- and I appreciate you sharing that, but it's -- to me, that
just flows with what --
CHAIRMAN SAUNDERS: We don't need to amend the
motion.
COMMISSIONER McDANIEL: No.
CHAIRMAN SAUNDERS: I think the clarification has been
made.
Mr. Yovanovich, you were raising your hand.
MR. YOVANOVICH: Yeah. My only question is, I thought
that condition was related to the approval of the PUD.
MR. OCHS: Yes #9B.
MR. YOVANOVICH: Which hasn't happened yet. So
assuming the PUD gets approved, then there would be the condition
to bring back this --
CHAIRMAN SAUNDERS: Yeah. We just got a unanimous
vote on 9A, so I assume 9B's going to pass.
MR. YOVANOVICH: I hope you're right.
CHAIRMAN SAUNDERS: And, Mr. Ochs, did you have
anything else on that motion?
MR. OCHS: No. I was just going to add on Commissioner
Taylor's point, there's an established process in your Conservation
Collier ordinance for your land acquisition committee to go through
their evaluation process with staff ranking and criteria. So I would
anticipate we would use that process to evaluate this acquisition and
bring it back to the Board.
COMMISSIONER McDANIEL: Just like we do all of them.
CHAIRMAN SAUNDERS: All right. We have a motion and
second. Any further discussion?
(No response.)
July 14, 2020
Page 49
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Item #9B
ORDINANCE 2020-22: AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL ZONING DISTRICT WITHIN THE RURAL
FRINGE MIXED USE DISTRICT OVERLAY-RECEIVING
LANDS TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR THE PROJECT TO BE
KNOWN AS VENTANA POINTE RPUD, TO ALLOW
CONSTRUCTION OF UP TO 77 DETACHED SINGLE FAMILY
DWELLING UNITS ON PROPERTY LOCATED ON THE SOUTH
SIDE OF IMMOKALEE ROAD, APPROXIMATELY TWO MILES
EAST OF COLLIER BOULEVARD, IN SECTION 25, TOWNSHIP
48 SOUTH, RANGE 26 EAST, CONSISTING OF 37.62± ACRES;
AND BY PROVIDING AN EFFECTIVE DATE. [PL20180002669]
July 14, 2020
Page 50
– ADOPTED
CHARIMAN SAUNDERS: We'll move on to Item 9B. This
does require a supermajority vote. Is there any discussion on 9B?
(No response.)
CHAIRMAN SAUNDERS: Do we have a motion?
COMMISSIONER McDANIEL: Do we have any -- do we
have any public --
CHAIRMAN SAUNDERS: No speakers.
COMMISSIONER McDANIEL: So, I make a motion for
approval.
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: We have a motion and a second.
Any discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
MR. YOVANOVICH: Thank you.
CHAIRMAN SAUNDERS: Thank you.
COMMISSIONER McDANIEL: He is following the arrows
now. I wanted the record to reflect.
MR. OCHS: Mr. Chairman, would you like to move to
Item 10?
CHAIRMAN SAUNDERS: Yes. Let's go ahead and move
July 14, 2020
Page 51
on, and we'll take a court reporter break here shortly, as soon as she
raises her hand and says "uncle."
COMMISSIONER TAYLOR: She never does that. She just
falls on her face.
Item #10A
DIRECTING THE COUNTY MANAGER TO WORK WITH THE
NAPLES SENIOR CENTER (NSC) TEAM TO EXPLORE
OPPORTUNITIES TO LOCATE ON PUBLIC PROPERTY OR
OTHER ALTERNATIVE PRIVATE SITES IN THE COUNTY –
APPROVED
MR. OCHS: Item 10A is a recommendation to direct the
County Manager to work with the Naples Senior Center team to
explore opportunities to locate on public property or other alternative
private sites in the county.
And Commissioner McDaniel has placed this item on the
agenda.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. And I just wanted to
bring this item forward. We all know that we were gearing up for
hearing on this particular site, this project to be located up on Oakes
Boulevard. Very contentious item, property location, neighborhood
issues, and the like.
I love the mission of the Naples Senior Center. And it had been
shared with me that our staff had suggested, potentially, the county
owns other lands that might be able to be utilized for this -- for this
project as an alternative to the site that's being proposed.
And -- now I did make an error -- well, actually, I'm going to
blame Nick because he assisted me with the preparation of the
July 14, 2020
Page 52
executive summary. I didn't mean to give direction to staff to go out
and hunt land in the private sector. That wasn't my intention
whatsoever. I just wanted to explore the county-owned properties
and discuss with the applicant the potential of utilizing lands that the
county already, in fact, owns, and I need -- well, I need your support
in order to give them that direction.
CHAIRMAN SAUNDERS: Okay. Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. It's my understanding this
was never discussed with the Senior Center in advance of this --
COMMISSIONER FIALA: Say it again. I'm sorry. I can't
hear you.
COMMISSIONER TAYLOR: I'm sorry. I'm sorry. Let me
move to my mic.
It's my understanding that this issue was never discussed with
the Senior Center.
COMMISSIONER McDANIEL: No, and that was an oversight
on my part. I apologized to them both yesterday. I thought that our
Deputy County Manager was talking to them. He thought I was
talking to them. I talked to Rich on two different occasions last
week on other items, and after the conversation -- you know, those
Zoom calls, you never know what's going on. And afterwards I'm
like, he didn't bring up the executive summary that I put on the
agenda yesterday. Again, he thought I was telling them. I thought
he was telling them. And it was absolutely an oversight.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER McDANIEL: I called and groveled
appropriately yesterday, I think.
COMMISSIONER TAYLOR: Well, maybe on behalf of the
Naples Senior Center -- and I think they could speak probably more
eloquently on this. But one of the things that I found out about them
years ago is that -- I had a call, you need to come to the Naples
July 14, 2020
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Senior Center, and I said, really? You have one? And this was
maybe five years ago. Well, where is it? It's on Castello Drive. I
said --
COMMISSIONER McDANIEL: Where?
COMMISSIONER TAYLOR: -- Castello Drive. And so I
went to see this extraordinary organization, and then I said, why
Castello Drive? And they said, because we did the research, and
F -- University of -- not USF, but it's FGCU, helped us do this
research, and we determined that when we decided to center it here
that these were the majority of seniors that needed help. And we
have seniors coming -- we have seniors walking to our establishment
to get use of the pantry. We have this incredible lunch every
Wednesday where they all come and they congregate, and it's
convenient for them. So, when they chose the place they've chosen,
which is not before us but hopefully will be coming before us, which
is on Logan -- I believe that's correct.
COMMISSIONER McDANIEL: Oakes.
COMMISSIONER TAYLOR: Oakes -- one of the questions I
had is, did you do the research to determine that, and the answer was
yes. What we determined is this is a central place for our seniors to
come. It needs to have access for seniors to be convenient for them,
and this was the place, and that's why they chose it. It wasn't chosen
because, oh, there's a piece of property. It was chosen. It was data,
and it was science that was behind it.
So, I guess we could ask the county to look at our places that we
have land in, but I kind of understand that how they approach
something is from a very serious data-driven platform, and, you
know, given that, I'm not inclined to agree to your request.
COMMISSIONER McDANIEL: Well, that's --
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER FIALA: Yes, thank you very much.
July 14, 2020
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It's interesting, because I also called Jackie Faffer before that
ever was discussed, by the way, because I had started to get -- we've
got a lot of people from East Naples that go there. And they were
encouraging me to approve it and so forth.
And I -- when I talked to each one, and I said, but it's going over
to the very corner of the county. And some people said, well, I
won't be able to go there anymore because it's too far for me to drive,
but it's really important.
And so, I was talking to Jackie, and she says, there's only 30
people that live in East Naples that go.
I said 30? I said, where in East Naples are you talking?
And so, then she was starting to tell me about all of the mobile
homes along Radio Road. I said, yes, that is East Naples, absolutely,
but it's in District 3. And then she was talking about other areas.
Well, that's all in District 4. I said, District 4 has just a little piece of
it going into the City of Naples. Everything else is in East Naples.
I said, these are all part of it, too.
She said, well, she said, we just thought it was your district.
And I said, no. I said, I'm afraid you've got a majority of people that
come from East Naples, but they're in different commission districts.
And then they've got a lot of volunteers that come in there as well.
They just felt it was far.
I was thinking of, when you talk central, to me central is Pine
Ridge Road. Pine Ridge Road and maybe Livingston or maybe
Airport, in that general vicinity. And I was thinking, you know, not
only land that is already available, but what about places that have
old buildings on there that have been sitting there for a long time and
kind of are crumbling or whatever, and it would be just as easy to
eliminate that building that isn't being occupied anyway and find
something else so it would be more centrally located. So that's -- I
was glad that you brought that up. That's a neat idea, because I think
July 14, 2020
Page 55
it's important everybody goes.
One of the things -- Jackie was saying, well, we'll build a little
one in East Naples. No, no, no. They don't want it there. They
want to socialize. It's all about socialization where everybody can
get together. Not just people who can walk there, but everybody.
And I think that that would be most important to this. And I would
hope that staff would be able to look beyond -- beyond to see the
importance of even land that could be utilized but right now just has
an old building sitting on it. So that's my suggestion.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: I'd just like to suggest --
COMMISSIONER McDANIEL: I'm sorry. I was lit up down
here.
CHAIRMAN SAUNDERS: So was Commissioner Solis.
You're not being ignored. I'm just trying to let everybody speak.
COMMISSIONER SOLIS: I'd just like to suggest that the issue
at hand is whether or not we want to direct staff to look at
county-owned land. I mean, I think we're wandering into talking
about land use, and the Senior Center isn't even here. And I
think -- I think we need to be very careful with that. So I would just
suggest that we -- let's limit our discussion and just make a decision
on the issue of whether or not we want staff to look at the possibility
of what county-owned land is in that area and contact the Senior
Center so we don't get ourselves in trouble.
CHAIRMAN SAUNDERS: All right. Commissioner
McDaniel.
COMMISSIONER McDANIEL: I'll make that motion as I
brought forward. And I appreciate you sharing that, because we
went off -- my goal here is to help. I love this organization. I love
what they do for our community. My goal here was to seek your
support in directing staff to work with the Senior Center to explore
July 14, 2020
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other alternatives, and that was it. Nothing other than that, so --
CHAIRMAN SAUNDERS: I'll second that motion.
COMMISSIONER McDANIEL: -- I make that motion.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. The great thing is,
everybody loves the project. Everybody loves what they do for the
community. And I was thinking -- oh, we have county land,
actually, in East Naples here right on Manatee Road. There's
60 acres that's just sitting there for years and years and years and
years; empty, empty land. But still, it's just like at the other end of
town, it's too far from anybody. You need something more centrally
located, and I think that's the most important thing. Everybody
agrees it's a great program, but you want to be able to make sure that
everybody can get to it. That's my point. And so --
CHAIRMAN SAUNDERS: On the motion, the reason -- one
of the reasons I'm seconding the motion is I think it's certainly
worthwhile for the county to work with those folks to see if there's
some alternative. The mere fact that they've done research and made
a determination is not a relevant issue with us when we deal with the
zoning issue. The relevant issue is going to be compatibility and
how it impacts the neighborhood, and so that's my rationale for
seconding that motion.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. One of the things that I
hope that when staff looks at these properties and works with the
Naples Senior Center, they consider -- the three-year process by
which the Naples Senior Center developed a criteria for locating their
building. And one of the criteria is a location near the I-75 corridor,
a signalized intersection, if available. I mean, we have it. We got it
in a letter, so I would hope that we all could direct staff to consider
that when they evaluate their land.
July 14, 2020
Page 57
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. Any further discussion on the motion? Everybody
understand the motion?
MR. CASALANGUIDA: Mr. Chairman, I have quite a few
speakers for this.
CHAIRMAN SAUNDERS: I'm sorry.
MR. CASALANGUIDA: Yes, sir. Are you ready?
CHAIRMAN SAUNDERS: Yes. Let's go through the public
speakers.
MR. CASALANGUIDA: Okay. Your first speaker is virtual.
It's Jackie Zeller, and we'll give her a second.
CHAIRMAN SAUNDERS: And if you would remind the
speakers you have two minutes for your presentation.
MR. CASALANGUIDA: Oscar, if you want to un-mute
Jackie, and see if Jackie is on the line.
MS. ZELLER: Hi, can you hear me?
CHAIRMAN SAUNDERS: Yes, we can here you.
MS. ZELLER: Okay. Hi, my name is Jackie, and I'm in
support of the Senior Center finding a location within the county that
best addresses the needs of our community.
This is an example of a resource that should be a priority for the
county, and that could have a far broader impact if it were to have
more funding.
So, I must point out that a grossly disproportionate chunk of the
county budget is proposed to be allocated to our Sheriff's
Department. I'm suggesting a reallocation of those Sheriff's Office
funds to other community resources.
CHAIRMAN SAUNDERS: Okay. We're speaking in
reference to a motion dealing with the potential for the county to
assist in finding a location for the Senior Center. We're not dealing
with the Sheriff's budget or any issues dealing with reallocation of
July 14, 2020
Page 58
our budget funds. So, if you could limit your --
MS. ZELLER: Yes, but this is --
CHAIRMAN SAUNDERS: -- comments to the issue, that
would be appreciated.
MS. ZELLER: My comments do address the Senior Center,
but it's important that we note that the Senior Center requires county
funding and that a large chunk of the county funds are currently being
allocated to the Sheriff's Department, and if we reallocate funds from
the Sheriff's budget into resources that address noncriminal issues,
we can be investing in strengthening the wellness of our community.
If they could be -- if these funds -- these reallocated funds could
be directly invested into neighborhoods where people of color
predominantly live, including East Naples and Golden Gate City,
those investments could be in the form of community-based centers
for the arts, for senior centers, which is the topic of this comment, or
for parks.
The funding could also go to additional drug treatment centers
or researches [sic] for the community members battling addiction
rather than using punitive legal measures and incarceration as an
attempted resolution of addiction, which is, at its core, a public health
issue.
I also must point out that the 287(g) program is an example of
county funds being used to handle federal issues of immigration, and
an immediate end to this agreement between our Sheriff's Department
and ICE would be the best -- would be in the best interest of this
county.
CHAIRMAN SAUNDERS: All right. Thank you. Thank
you very much. Your time is up.
Let me ask: How many speakers do we have on this?
MR. CASALANGUIDA: We have 17 in the HR overflow
room, and they're in --
July 14, 2020
Page 59
CHAIRMAN SAUNDERS: We're not going to be dealing with
the Sheriff's budget and reallocation of funds. We're on a motion in
reference to a specific request of staff to take a look at properties that
may be available for the Senior Center. We do not have to have a
public hearing on that. So, I don't want to spend the next hour
listening to those types of comments.
So, with the permission of the Board --
COMMISSIONER McDANIEL: Waive it.
CHAIRMAN SAUNDERS: -- I'm going to suggest that we
close the public hearing and vote on the motion. Any objection?
COMMISSIONER McDANIEL: Solis is on the way back.
COMMISSIONER TAYLOR: Sir, I do, but only because I'm
not sure that everyone is going to be talking about the Sheriff's
budget. So, I think, perhaps, a screening, maybe served by you,
before the speaker speaks to find out if we are, you know, to -- again,
let's clarify what we're talking about. We're directing staff to work
with the Senior Center about finding an alternate location. Then
that's it. And maybe, sir, you could screen them that way.
CHAIRMAN SAUNDERS: All right. Well, I'm not sure how
we would do that. I do know we have 17 speakers, and we're going
to spend a lot of time talking about an item that is not on our agenda.
So, my request is that we move -- we vote on the motion and proceed
from there.
COMMISSIONER McDANIEL: Waive the public hearing.
CHAIRMAN SAUNDERS: Any objection to that?
COMMISSIONER FIALA: No, I think it's good.
CHAIRMAN SAUNDERS: All right. Then all in favor of the
motion, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
July 14, 2020
Page 60
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SAUNDERS: That passes unanimously.
MR. OCHS: 4-1.
COMMISSIONER TAYLOR: Oh, wait. I'm sorry. The
motion --
CHAIRMAN SAUNDERS: I'm sorry.
COMMISSIONER TAYLOR: I thought we were going to
discuss whether we were going to take the speakers or not.
CHAIRMAN SAUNDERS: No, we're on the motion.
COMMISSIONER TAYLOR: Oh, the motion. I agree to the
motion. Excuse me. Let me change my vote. I beg your pardon.
CHAIRMAN SAUNDERS: I'm sorry. I thought that -- the
motion passes unanimously.
We're going to take a break until, let's see -- 10:50, will that be
all right?
COMMISSIONER FIALA: Sure.
CHAIRMAN SAUNDERS: All right. We're in recess until
10:50.
(A brief recess was had from 10:35 a.m. to 10:50 a.m.)
CHAIRMAN SAUNDERS: The meeting of the County
Commission will please come back to order. If you would take your
seats. And we do try to exercise social distancing. So if you need
to speak to our staff, we want to kind of keep everybody separated,
especially if you're not wearing a mask.
All right. Mr. Ochs, where are we?
Item #10B
DIRECTING THE COUNTY MANAGER, OR DESIGNEE, TO
July 14, 2020
Page 61
DEVELOP A SCOPE, ESTIMATED COST AND SCHEDULE FOR
A COMBINED VULNERABILITY ASSESSMENT AND
ADAPTION PLANNING STUDY RELATED TO SEA-LEVEL
RISE FOR FUTURE CONSIDERATION - MOTION FOR THE
COUNTY MANGER TO BRING BACK FINDINGS IN THE FALL
– APPROVED
MR. OCHS: Mr. Chairman, we're on Item 10B. I know this is
Commissioner Taylor's item, so I see her walking in, so we can
proceed.
This is a recommendation to direct County Manager to develop
a scope, estimated cost, and a schedule for a combined vulnerability
assessment and adaptation planning study related to sea level rise for
future consideration.
COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: When I became -- was elected
in 2014 as a commissioner, at that point sea level rise -- I'll never
forget -- and Commissioner Fiala, you were here. We had the
chambers full. I think there was a commissioner -- former
commissioner from Lee County who was very eloquent and led the
charge.
And our -- the feeling of people from the region was, you know,
study this issue. Please study this issue. And at the time the staff
decided, and the Commission decided that they would approach it
from a way where they were able to locate a -- we'll just call it a
bathtub study, and this would be suffice.
And then our wonderful scientists, Dr. Peter Sheng and
Dr. Savarese, received a million dollars from NOAA to talk about
Collier County. Not Lee County. Not Charlotte County. But talk
about Collier County. And the reason they chose Collier
July 14, 2020
Page 62
County -- and they had to apply for this million-dollar grant -- was
because of the mangroves and because of the natural protection of the
coastline. And they received a grant. We supported that. Our
government supported it.
And then we have Mr. McAlpin working in the background with
the Army Corps of Engineers. Not working in the background but
working hard over being able to obtain a $3 million grant to study
coastal resiliency, which is now going to be completed and made
open to the public. I believe it's on the 17th of this month.
And so, I think it's time that we, as a commission -- I hope I
have support of my colleagues -- we bring this forward and ask staff
now to start planning not for tomorrow but for the future. And it is
tomorrow, but I'm not talking about next year. I'm talking about 10,
20, 30, 50 years from now, for the future of our county and how we
can ground these ideas into our regulations. And so that's it. I think
I have --
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Just a question as to -- and maybe
I'm just not remembering. Where does -- the study that Dr. Shang
and Dr. Savarese are working on, where are they in the whole study?
COMMISSIONER TAYLOR: They have created a tool called
ACUNE. And ACUNE is a very important -- and I think Amy
Patterson can probably speak to this as a scientist better than I can.
But it also talks about the vulnerability of our coastline. And it's a
tool that will allow a government such as Collier County to run a
statistical analysis of when a storm --
COMMISSIONER SOLIS: Model.
COMMISSIONER TAYLOR: It's a model.
COMMISSIONER SOLIS: It's a modeling thing.
COMMISSIONER TAYLOR: And they've also just received
another million-dollar grant from NOAA to study inland waterways
July 14, 2020
Page 63
and the impact of rain and flooding on inland and on what we're
facing. So, it's -- we're -- I think Collier County's been blessed. To
me this is just a natural progression as we go forward.
COMMISSIONER SOLIS: Yeah. And I guess my question
is, is -- right, is this -- what they're doing is going to factor into this is
what we're suggesting, right? This isn't something necessarily
completely different. It's bringing all that data together and then
using it as a tool for us to make long-term planning decisions.
COMMISSIONER TAYLOR: Exactly. In 2014, we
didn't -- there was no willingness to do this. And there was no data.
Since then it's just come forward, and it's -- I consider it an opportune
time to look to the future.
MR. OCHS: Would you like to hear from Ms. Patterson?
COMMISSIONER TAYLOR: Oh, yes, please.
MS. PATTERSON: Amy Patterson, for the record. Director
of Capital Project Planning, Impact Fees, and Program Management.
As Commissioner Taylor accurately described, we are in year
three of the first of the three-year study for the ACUNE 1, which is a
series of modeling efforts that's going to create tools for public use.
It was always intended from the beginning that when they got
through this first process with ACUNE, that those tools would be
provided to the local government and that we would then utilize them
to move forward in our planning efforts, so that's what we're
proposing here.
As Commissioner Taylor also noted, the ACUNE Plus is now
moving forward. That's the second grant, the second NOAA grant,
which will look at some of the areas between where the modeling
done by South Florida Water Management District ends and where
this modeling ends. It leaves a gap in what -- we call it no man's
land, but basically the area beyond the final control structure,
stormwater control structures, and the coastal modeling being done
July 14, 2020
Page 64
by ACUNE 1.
This middle ground is going to be looked at by ACUNE Plus as
well as some efforts to look at the effects of mangroves as a
protective feature in various locations. So, this is going to pick up
where ACUNE 1 left off and provide us even more data.
But, as I said, the intent always was to take these tools provided
by ACUNE 1 and move into both of the vulnerability
assessment -- which there have been some other activities that have
helped us along including, as Commissioner Taylor mentioned, the
Army Corps study, some work undertaken by the City of Naples, and
some other work undertaken by Dr. Savarese and the League of
Women Voters. We will move forward now and embed these tools
in our vulnerability work and then our adaptation planning process.
CHAIRMAN SAUNDERS: Mr. Ochs, did you have
something?
MR. OCHS: Yes, sir. Just quickly, Commissioners. We're
not asking you to commission the study today. We're merely asking
for the permission to develop the scope of work, an estimate of cost,
a schedule, bring that back in the fall, and let you decide if you'd like
to proceed.
CHAIRMAN SAUNDERS: Commissioner Taylor, why don't
you go ahead and make a motion.
COMMISSIONER TAYLOR: I'll make a motion to that effect
by our County Manager; that we ask staff to evaluate and bring back
a scope of services, and also the cost for our consideration in our first
meeting in September.
CHAIRMAN SAUNDERS: Do we have a second?
COMMISSIONER SOLIS: And I'll second that.
CHAIRMAN SAUNDERS: We have a motion and a second.
Any discussion?
MR. OCHS: Just the first meeting in September?
July 14, 2020
Page 65
COMMISSIONER TAYLOR: Or second meeting in
September.
MR. OCHS: How about the fall?
COMMISSIONER TAYLOR: Okay. I'll leave it at that. Not
too open, though.
MR. OCHS: As quickly as we can.
COMMISSIONER TAYLOR: Fall ends at the end of October.
Halloween.
MR. OCHS: Trick or treat.
CHAIRMAN SAUNDERS: December 21st, doesn't it?
MR. OCHS: I'll wear my mask.
CHAIRMAN SAUNDERS: All right. All in favor, signify by
saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
COMMISSIONER TAYLOR: And just as an aside, I have
what I consider a single-spaced one-page scientific document that
Dr. Savarese has sent to us, and I'm going to make sure that each of
you have a handout so that when you're really tired at night you can
read it.
CHAIRMAN SAUNDERS: All right. Thank you.
COMMISSIONER TAYLOR: Thank you.
Item #10C
July 14, 2020
Page 66
RESOLUTION 2020-132: DESIGNATING THE AREA LOCATED
IN THE DISTRICT 2 INDUSTRIAL PARK AREA AS A
CULTURAL ARTS DISTRICT – ADOPTED
CHAIRMAN SAUNDERS: Commissioner Solis, we're on
Item 10C.
COMMISSIONER SOLIS: Yes. And this is the item that I
brought up before regarding designating the Naples Art District, the
area in the industrial park off of Pine Ridge Road, as a cultural arts
district.
And I think some of the concerns, I think, which came at the last
meeting were, I think, you know, valid concerns about creating
confusion, and I think Paula Brodie is on the line somewhere as well.
But I think in that regard, if there's no objection to just having
signage that just says it is a cultural arts district. It doesn't have to
say Naples. It doesn't have to somehow appropriate that name.
There's -- you know, nobody wants to create confusion.
And as our cultural arts process and what it all means develops,
then, you know, there -- as I understand it, they're willing to go
through whatever process comes up in the future. It's -- they really
just are trying to get some help because, like everyone else, this
season they had a very, very bad season, and it's affecting the artists
that work out of that space.
So, if Ms. Brodie is available, I'd turn it over to her just to speak
on their behalf.
MR. CASALANGUIDA: Mr. Chairman, she is available. I'll
have Oscar un-mute her, if we could, Oscar.
MS. BRODIE: Thank you. Can you hear me?
CHAIRMAN SAUNDERS: Yes, yes. And we heard your
presentation, I think, a couple weeks ago. So, I think we're pretty
familiar with that. So, if you could keep it fairly brief, that would be
July 14, 2020
Page 67
appreciated.
MS. BRODIE: Okay. I am Paula Brodie, the President of the
Naples Art District, Inc. And on behalf of the 70 local artists who
are part of our vibrant alliance, I want to thank you for your
June 23rd vote in favor of recognizing this unique Collier County
tourism asset as a cultural arts district. This designation would
enable us to have the signage that would increase visibility and
accessibility for our unique concentration of working art studios.
For several years, we have worked with Collier County officials
regarding recognition in the industrial area just north of Pine Ridge
Road and west of Airport. As Commissioner Fiala just mentioned in
regard to the Naples Senior Center, our business neighborhood is
very centrally located within Collier County.
As working artists, we want to contribute to the economic
benefits that derive from a countywide thriving arts community. But
today our goal is very simple. We are just asking for the formal
recognition of this designation so that we can have road signage that
would enable county visitors and residents alike to find our unique
concentration of working artists, to be able to visit working art
studios, to see free demonstrations of silversmithing, woodworking,
pottery, fiber arts, painting and so much more.
I do want to reemphasize that the research findings from this
new Strategic Arts Plan indicated that 72 percent, nearly
three-quarters of all respondents, said that they chose -- they choose
to go to art studios and art galleries more than any other art venue,
including museums, and 82 percent --
CHAIRMAN SAUNDERS: Ms. Brodie, if you could wrap up.
I think we're all familiar with the presentation that you made before.
COMMISSIONER SOLIS: And if we can just confirm,
Ms. Brodie, that in terms of signage, if the signage was just to
indicate that there's a cultural and arts district that way, you know, a
July 14, 2020
Page 68
signage that -- it wouldn't have to say Naples on it or create any kind
of confusion that we were concerned with before.
MS. BRODIE: I think we would really be comfortable with
that.
COMMISSIONER SOLIS: Okay.
MS. BRODIE: We've been waiting a long time just for
recognition, for accessibility and visibility. It's so hard for people to
find us, and it would take a first step toward enabling us to move
forward toward Wayfaring signage throughout the district.
CHAIRMAN SAUNDERS: Commissioner Solis, I think we're
probably ready for a motion.
COMMISSIONER SOLIS: Yeah. I would make a motion that
we adopt the resolution designating the area in District 2 as a cultural
and arts district.
COMMISSIONER FIALA: I'll second your motion.
CHAIRMAN SAUNDERS: We have a motion and a second.
Any discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Item #10D
July 14, 2020
Page 69
PROPOSAL BY THE CITIZENS CLIMATE LOBBY - AFTER
ADDITIONAL INFORMATION IS PROVIDED TO THE
COMMISSION, THIS ITEM WILL BE BROUGHT BACK FOR
FURTHER DISCUSSION IN THE FALL
CHAIRMAN SAUNDERS: Item 10D is a discussion of
proposal by the Citizens' Climate Lobby, and this item was brought
forward by Chairman Saunders.
CHAIRMAN SAUNDERS: Okay. And for the Commission's
benefit, I was requested to put this on. I thought it was a reasonable
issue for us to at least hear. I've told the group that wanted to make
a presentation that they had 10 minutes, that we weren't going to
permit any other speakers, no other comments, just the comments
from one presenter, and then subsequent to that we could direct staff
to take a look at it or not.
So, with that, good morning. And if you'd identify yourself for
the record as well.
MR. BONASIA: Yes, good morning. Joseph Bonasia.
CHAIRMAN SAUNDERS: I'm sorry. Say that again.
MR. BONASIA: Joseph -- sorry. Joseph Bonasia.
CHAIRMAN SAUNDERS: Good morning.
MR. BONASIA: And on behalf of Citizens' Climate Lobby,
thank you for this opportunity. I just want to get the TV on.
CHAIRMAN SAUNDERS: All right. And we won't start
your time until you get your presentation set up.
And while you're getting set up, I think I'll remind the Commission, I
think Congressman Francis Rooney endorsed this concept. He may
have been the only Republican congressman to do so, but at least
there was one.
MR. BONASIA: Co-sponsor.
CHAIRMAN SAUNDERS: Happens to be local.
July 14, 2020
Page 70
MR. BONASIA: Along with several other Florida Congress
people.
And I should add there are municipalities and counties in
Florida -- Miami, Broward, Sarasota -- that have already endorsed the
Energy Innovation and Carbon Dividend Act because they see, as
apparently this board does, the consequences and the costs of our
climate crisis.
So, a carbon fee and dividend program, which is what the
EICDA is, is the most cost-effective lever that we have to reduce
carbon emissions on the scale that is needed in the time that we have.
Who says so? Well, very notably, these people said so. These are
former chairs of the Federal Reserve and 27 Nobel Prize winning
American economists, as well as a host of others, who back in 2019
published a letter in the Wall Street Journal in which they went on to
add that there is a well-known flaw in the market, and that flaw is
working against the benefit of the planet. The Energy Innovation
and Carbon Dividend Act corrects that flaw.
And I'd like to provide a very down-to-earth illustration of the
basic principle so you understand just why this bill is so effective.
Every day thousands of Floridians go to Publix, and they see a $5
head of broccoli organically grown and a $3 head organically [sic]
grown. And even though they know or certainly surmise that the $5
head is better for the planet and for people, they end up buying the $3
head because they believe that it costs less, but it does not, because
that conventional farmer, unlike the organic farmer, is using synthetic
fertilizers, which everyone here knows contributes to nutrient runoff
which exacerbates our blue/green algae blooms and red tides.
Two years ago, who paid to clean up those tens of thousands of
tons of dead fish and other sea life on our beaches? We did. Not
the conventional farmer. That was a cost of his product that he
passed on; he externalized onto us.
July 14, 2020
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And when people went to the doctor because they were suffering
from cyanobacteria and when they brought their pets to the vets, who
paid those bills? Not the conventional farmer. We did. That was
another cost of that product externalized onto us.
And when our restaurants and our bars and our hotels went
nearly empty and our charter boats went unchartered, who suffered
the economic cost? Who paid for that? Again, we did. That was
an externalized cost onto that, costs that were not reflected in the
price of that $3 head of broccoli. There is no Floridian who would
take a couple bags of fertilizer, walk down to one of our waterways,
and dump it into the water but, effectively, that is what we do
purchase by purchase a thousand times a day, bit by bit.
How do we correct this? Well, you have to make the cost of
that $3 head of broccoli reflect -- the price of that head of broccoli
reflect all its costs. How do you do that? Put a price on fertilizer
that is commensurate with all those costs I just mentioned.
Now, in order to protect his profit margin, the conventional
farmer is going to have to raise his price. Here's the price of the $5
organic broccoli. Here's the $3. When you add on those extra
costs, now cost is going to reflect all costs, the consumer can make a
fair comparison. And now, instead of thousands of people buying
the product that damages our water, they're going to buy the product
that restores our water. This is the way the market should work.
Take the same sort of thinking and apply it to fossil fuels. Fossil
fuels did not create Hurricane Irma, but they certainly made her
bigger and stronger and more destructive. Who paid the $50 billion
in damage costs? Fossil fuel companies? Nope. We did. That's
an externalized cost. Every year fossil fuel companies kill thousands
of people and cost the American people $188 billion in healthcare
costs.
And that's again an externalized cost.
July 14, 2020
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Back in 2018, a report, a government report, the product of 13
different federal agencies, concluded that no state in the union was
going to incur as great an economic hit from climate change than
with Florida. And when you look at our coastlines and you start
considering sea level rise, then it's no wonder why. Who's going to
pay the price for the sea level rise? You know who's going to pay.
We are going to pay.
So how do we correct this situation? You have to make the cost
of fossil fuels apparent in its price. How do you do that? Place a
tax or a fee commensurate with all of these other costs that I just
mentioned and many that I didn't, put that tax on carbon, and that is
what -- the Energy Innovation and Carbon Dividend does that. It
starts at $15 a metric ton of carbon, and it goes up. And the more it
goes up, here's clean renewable energy right now, the price. Here's
the price of fossil fuels, which people think are so less costly. When
you start adding the price of all these external costs, you make it
apparent in the price, now the marketplace is leveled. The
competition is fair and honest, the way the market is supposed to
work.
Then utilities and businesses and people are going to buy the
clean renewable energy instead of the fossil fuel energy. That is the
way the market works to restore the planet.
Now, there's one thing you're probably thinking. Energy goes
into everything we grow, manufacture, and transport. So, is the
price or are the prices of virtually everything we buy going to go up?
Yes. So how is the individual American going to pay for those
increased prices? Well, this is where the dividend in the carbon fee
and dividend program comes in.
The government takes that money from the fossil fuel
companies in the form of a tax or a fee. It does not keep the money.
If it kept the money, it would be a tax. It doesn't keep the money. It
July 14, 2020
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turns around, and it distributes it to every single American in the
country. Full share for an adult. Half share for minors.
Numerous studies show that approximately, at least at the
beginning of the program, a family of four will get about $3,600 per
year in this dividend, moving up to 4,800 over the years. And,
again, study after study shows that even after we use this dividend
money to pay for the rising costs of everything, 80 percent of the
population will come out ahead or break even.
Institute a carbon fee and dividend program, let the market work
the way it's supposed to work, let the competition be fair and honest,
correct that flaw. We will reduce carbon emissions 40 percent in 12
years; 90 percent in 30 years. You're going to save thousands of
lives, and you're going to create 2.1 million jobs as well.
I don't know how close I am to my time over here. I didn't
expect to convince everybody within 10 minutes.
MR. CASALANGUIDA: A minute-and-a-half, sir.
MR. BONASIA: I didn't expect everybody to endorse this right
away, but I hope I have said enough to certainly --
CHAIRMAN SAUNDERS: Well, let me ask you a question,
just so the Commission understands what you are suggesting and then
what the ask -- you need to tell us what the ask is in terms of action
by the Board. But this is federal legislation that, obviously, the
Citizens' Climate Lobby is supporting. And my assumption is that
you're asking the Board to get information about this -- perhaps you
could provide some information in writing to us -- and consider
endorsing the -- is that what you're asking for?
MR. BONASIA: That is what I am asking for. I do have some
information with me today that I could leave you. I could certainly
provide you with a lot more information.
CHAIRMAN SAUNDERS: All right.
MR. BONASIA: I would ask that I am the -- I am CCL's
July 14, 2020
Page 74
legislative alliance to Senator Scott. The senator wants to hear from
his constituencies, and an endorsement of the energy and innovation
bill from this Board of Commissioners certainly would have impact.
CHAIRMAN SAUNDERS: Well, we will be able to take up
this issue in the September or October time frame. If you provide
us, again, some additional information; information from Senator
Scott's office, I'm sure, would be very persuasive.
Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I just wish we had had
this information prior to this being put on the agenda, and that's not a
criticism, sir, at all.
CHAIRMAN SAUNDERS: Yeah.
COMMISSIONER TAYLOR: Because I think this is a critical
issue. I think it's well thought out. I'm aware of this concept but
not in this detail, and I look forward to receiving that information.
CHAIRMAN SAUNDERS: Well, let me suggest, then, if
you'll provide us the written information you have, I'll make sure that
the Commission has an opportunity, after we get that information and
do a little bit of research on our own, that we have an opportunity to
take this up in the fall. I'll make sure it gets back on the agenda for
discussion.
Any other questions or comments?
(No response.)
CHAIRMAN SAUNDERS: Then, thank you very much. And
if you'll leave the written information with the County Attorney
or -- that would -- they'll distribute it to us.
MR. BONASIA: Thank you very much.
CHAIRMAN SAUNDERS: All right. Thank you, sir.
Item #11A
July 14, 2020
Page 75
RESOLUTION 2020-133: ESTABLISHING PROPOSED
MILLAGE RATES AS THE MAXIMUM PROPERTY TAX
RATES TO BE LEVIED IN FY 2020/21 AND REAFFIRM THE
ADVERTISED PUBLIC HEARING DATES IN SEPTEMBER 2020
FOR THE BUDGET APPROVAL PROCESS – ADOPTED
MR. OCHS: Commissioners, that moves us to Item 11A. This
is a recommendation to adopt a resolution establishing proposed
millage rates as the maximum property tax rates to be levied in Fiscal
Year 2021 and reaffirm the advertised public hearing dates in
September 2020 for the budget approval process.
Mr. Isackson is available to make a presentation.
Mark?
MR. ISACKSON: Good morning, Commissioners. Mark
Isackson with the Office of Management and Budget.
A couple of things for the record. Number one, the Property
Appraiser's required to provide us with certified taxable values on
July 1st, which the Property Appraiser has, to my office.
July 1 begins the formal TRIM process as well as our formal
budget approval process. The resolution, which you have in your
packet, provides the operative action item. The resolution will
contain as attachments the maximum millage rates that are being
suggested, the maximum -- the proposed tax dollars that are being
raised from those millage rates, as well as the July 1 certified taxable
values.
The resolution will also contain the hearing dates in September
for your first and second public hearings. It will also provide for a
July 17th -- on or about July 17th budget submittal as part of the
tentative budget, which the Board will receive on or about the 17th,
and that essentially represents changes from a June -- the June
workshop until this point based on the certified taxable values.
July 14, 2020
Page 76
I'm available for any questions.
CHAIRMAN SAUNDERS: All right. Are there any questions
from the Commission?
(No response.)
CHAIRMAN SAUNDERS: Do we have any registered
speakers on this item?
MR. CASALANGUIDA: No, sir.
CHAIRMAN SAUNDERS: All right. Then we need a motion
to approve the maximum property tax rates.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN SAUNDERS: All right. We have a motion.
COMMISSIONER SOLIS: Second.
CHAIRMAN SAUNDERS: We have a motion and a second.
Any discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously. Thank
you.
MR. ISACKSON: Thank you.
MR. OCHS: Thank you.
Item #11B
July 14, 2020
Page 77
ALLOCATIONS OF THE CORONAVIRUS RELIEF FUND
APPROPRIATION TO COLLIER COUNTY IN THE AMOUNT
OF $67,162,425 - MOTION TO APPROVE AS PRESENTED –
APPROVED
MR. OCHS: Commissioners, we move to Item 11B. This is a
recommendation to approve allocations of the coronavirus relief fund
appropriation that was made to Collier County in the amount of
$67,162,425.
Mr. Callahan will make a presentation.
COMMISSIONER FIALA: And if I may.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: One thing that I want the public
to be quite aware of, we are not sitting here giving out grants today to
individual businesses. This is about an allocation of a pot of money.
It is up to these individual entities within Collier County to apply for
these grants. It is not up to us to determine who gets them at this
point. And the application or the receiving of these grants will be
determined by a three audit system based on federal guidelines. And
I'll turn it over to Mr. Callahan.
MR. CALLAHAN: Thanks, Commissioner.
For the record, Sean Callahan, Executive Director of Corporate
Business Operations.
I'm joined here today by Ms. Kristi Sonntag, who's been my
partner in crime on this the whole time. And we've appreciated the
input of both her staff and members of the community who we've
reached out to for informational meetings and helping us construct a
recommendation to the Board today for how to allocate the funds that
came from the CARES Act to the local government.
So just to back up, the governor put out a plan to allocate a state
portion of CARES Act funding that came in for state, local, and tribal
July 14, 2020
Page 78
governments. And under his direction back on June 16th, he
directed allocation of a little bit over $67 million to Collier County.
I'll remind the Board that the first 25 percent of that will come to us
as direct appropriation. The remainder of that money will have to be
applied for on a reimbursable basis.
I've listed the different -- is this up on the screen? There we go.
I've listed -- again, just as a reminder, all payments from this fund
have to be necessary expenditures that are concurred in response to
the COVID-19 health emergency. They could not have been
accounted for in the most recent budget which, as a government, in
our budget is Fiscal Year 2020.
And then also the money and expenses that we do allocate
funding towards have to be concurred by the end of this year. So it's
pretty imperative today with our recommendation we get some
feedback from the Board so that we can move forward with starting
to expend some of these funds.
At a high level, eligible expenditures that have been given out as
nonexclusive uses in the treasury guidance that we've received
include medical expenses, public health expenses, payroll expenses
for public safety and health services, actions to facilitate compliance
with health measures, and then, again, provision of economic support
where there's a lot of flexibility given in the guidance on how that's to
be administered.
Just some important notes on uses. Again, have to be concurred
this -- this calendar year. You cannot duplicate benefits. There's
been a lot of federal assistance through the CARES Act that has come
for different industries, for healthcare providers, for education. We
cannot duplicate any of these benefits.
The county is ultimately, on the sections of flexibility,
responsible for determining ineligible expenditure and, because of
that, we're responsible for covering any ineligible expenditures. So,
July 14, 2020
Page 79
it's very important that we make sure that we're in compliance with
the federal guidelines that have been given around allocation of this
funding.
Any funds we don't use, incurred expenses by the end of the
year, will need to be returned to the treasury.
They're not eligible to fill shortfalls on government revenues. And
as Commissioner Taylor mentioned, they are all subject to Federal
Single Audit Act requirements.
Again, not going to read this whole thing, but the guidance does
say that as best as possible, except in administrative necessities, funds
should be applied for on a reimbursable basis. So, throughout the
different programs that we've constructed, we've tried to find ways to
structure those so that we could do them on a reimbursable basis and
get the money into the community as quickly as possible.
So, since the last meeting when we received some directions
from the different steps that we've taken as a staff is to sign that
agreement with the Florida Division of Emergency Management.
We've gone back to them several different times to seek clarity
around certain programs that have either been implemented
elsewhere in the state or been suggested by members of the
community in some of the informational calls that we've done.
We've started recruitment of the eight temporary full-time employee
positions that the Board authorized at the last meeting. We've hired,
I believe, one or two?
MS. SONNTAG: Three.
MR. CALLAHAN: Three now. That's good. That's one
more than yesterday. And we're in the process of getting those folks
on board as quickly as possible.
So, we've held informational meetings with the community, our
nonprofits, our business, other partners in the community to seek
feedback where other programs have been implemented so that we
July 14, 2020
Page 80
can come up with a good recommendation for you today. We've
internally planned to stand up a phone bank, much like we do for
informational purposes during emergencies like hurricanes so that
people can get relevant information as quickly as possible, and I'll
show you the timeline for when we plan, with your approval, to
actually open some of the different assistance lines that would be out.
We've held in-depth meeting with our partners up in Lee County
to seek feedback from where they've implemented programs and
where they've done things that have been very successful, where
they've wished they'd done things differently, and I'll thank my
colleague up there, John Talmage, for making his staff available to
answer any questions that we did have.
And we've begun development of an application process,
frequently asked questions, and payment requirements with the
Clerk's finance staff as well, again, so that we can get this money into
the community as quickly as possible.
So, I'll skip this slide in the essence of time.
In recommended Coronavirus Relief Act allocations, we're
proposing that we allocate $15 million to individual assistance, and
that would be used to pay overdue rent, mortgage, or utility bills for
income-qualified individuals and families. We've recommended
allocating $10 million towards a small business relaunch and re-hire
grant program. We've recommended allocating $30 million to
community health and services initiatives, which is really out there to
support our non-profit partners and implementing different programs
and reimbursing them for some increased operating costs they've seen
as a result of the pandemic, which includes separate allocations of
$5 million for childcare initiatives and $5 million for emergency food
assistance; an allocation of $5 million for personal protective
equipment.
And then we've recommended establishing a reserve of the
July 14, 2020
Page 81
remaining funding, which is about $7.1 million, to cover the
administrative expenses that are associated with implementing some
of these programs, and also to reserve money to backfill any of these
programs that have a significantly higher demand than we've
anticipated.
So, on individual assistance. We want to make this as easy and
as inclusive as possible, so we've recommended a maximum of up to
$10,000 per household. Any payments will be made directly to
landlords, mortgage, and utility companies. Income qualifications,
we've based and mirrored the economic impact payments that were
established in the CARES Act for the $1,200 per person and families
so that a single person could qualify based on a $75,000 income and a
maximum household income of $150,000. There has to be proof of
loss of or reduction of employment due to the health emergency, and
anybody applying for this assistance needs to be a Collier County
resident or also a permanent U.S. citizen or permanent legal resident.
In order to expedite different payments, examples of
documentation that we would be looking for is, again, that proof of
loss or reduction of an income, which you could see some examples
that we could use to do that. The income guidelines that I mentioned
previously, the residency requirements and then, again, that overdue
utility rent or mortgage statement, which would then be paid directly
to that mortgage provider, that landlord, or that utility company.
On small business and relaunch and re-hire grants, these would
be one-time grants to businesses of up to $25,000 to offset the cost of
business interruption due to the state executive order. We've defined
small businesses as 50 or less full-time employees. Again, no
duplication of benefits. So those businesses that have received other
federal assistance like the Paycheck Protection Program or Small
Business Administration economic injury loans would, again, have to
show other expenses outside of those to be eligible for any grant
July 14, 2020
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money. And, again, a documentation of economic loss due to the
emergency.
So, what we've done -- and I'll give you some eligible uses. So
capital for those small businesses that have been injured
economically by the shutdown; payroll assistance to re-hire workers;
workplace improvements that are directly related to mitigating the
spread of COVID-19; and then remarketing the resumption of
activities and steps that are taken to ensure a safe experience.
And what we've done is we've given some different examples of
documentation that we would need to do that. We've created a
business interruption worksheet where we've tried to make it as
simple as possible for businesses to show economic loss and
document their year-over-year revenues from March 1st to the date of
their grant application, from 2020 to 2019, to actually show the
economic loss, and then categorize expenses that would make them
eligible for this grant award.
Community health and services initiatives. Again, this is -- I
don't want to call it a catch-all pot, but it's really geared towards
helping our community providers establish programs in response to
the emergency. A lot of them have seen increase in operating
expenses due to this, have seen some lost revenues. So eligible
entities can enter into a sub-recipient award with the county for
reimbursements, and no duplication of benefits, as there have been a
lot of different pots of money that have come down through the
CARES Act.
So, I won't read all of these, but we did put examples of eligible
uses and funding that could be used really to implement programs
around this. We held a call last week with our non-profit
community -- I think there were about 68 different organizations on
that call -- to really talk about examples of how we could help
backfill some of the different effects that they've had during this
July 14, 2020
Page 83
health emergency, and we've heard a lot of different ideas. And,
again, this is something that we think we could implement rather
quickly and make sure we've got agreements in place with nonprofits,
with folks in these categories to really help them help us respond to
the community.
A smaller pot for childcare funding. So up to $1,250 for one
month of care for qualified families that have had a loss of
employment or reduced employment. Again, mirroring the
individual assistance guidelines for qualification or, on the flip side
of that, an assistance to a licensed provider that's seen a huge increase
in costs due to it, whether it's extra sanitation measures or needing
further staff in order to establish social distancing measures, things
like that.
Emergency food assistance. We discussed at last meeting our
food pantries, our food banks here in Collier County have seen an
extraordinary increase in cost. Most of them estimated about
75 percent increase in costs to respond to this due to the higher
demand for food banks for food assistance. So we will look to
establish larger agreements with food banks, such as Harry Chapin
and Midwest, and then also smaller grants to smaller food banks to
reimburse them for some of these operating costs.
Personal protective equipment. We'd like an allocation to be
able to go out to try to use our buying power as a county to establish
a large reserve of personal protective equipment that businesses in
these non-profit organizations, when making applications for some of
the other programs, can indicate whether or not they're in need of
this, and we can assist them with PPE kits that are used and
determined based on availability but also the number of employees
that they have.
And then communications and implementation. So our 311
staff, our communications staff, is prepared. We've already done
July 14, 2020
Page 84
some of the prework for this based on your guidance today to post a
lot of this information publicly. Staff from all departments we will
source will help us as much as we do in times of emergency to
respond to public questions after some of these emergency portals
open to assist folks that are -- that are applying for this type of
assistance.
Quest Marketing, which is a marketing firm that's already online
and is helping us with some of our different housing initiatives, will
assist us in the implementation of a communications plan, and we'll
have more informational sessions after we establish a program, much
like we did to seek feedback on the establishment of our
recommendation today.
And again, as I mentioned earlier, we've hired three. We have
five further positions that we're currently recruiting for this.
Electronic portals. We have worked with our community partners.
I show you this. There's about 27 communities in the state of
Florida who are using this Neighborly software. Our housing staff
has used it successfully for grant assistance applications and for other
public assistance programs, and we'd like to use this to administer the
program. We've talked with our other partners that will help us on
the front lines, like the United Way, Salvation Army, and others who
are in agreement with that and think that we can adequately and very
successfully process applications in a safe way and get those
processed by our clerk finance staff and payments out the door.
CHAIRMAN SAUNDERS: Commissioner McDaniel?
COMMISSIONER McDANIEL: At the end.
CHAIRMAN SAUNDERS: At the end. All right.
COMMISSIONER McDANIEL: Thank you, sir.
MR. CALLAHAN: Important dates. Just to establish a
timeline, we're hoping to get an approval of allocations by the BCC
today. Tomorrow we'll continue with those staff recruitment, that
July 14, 2020
Page 85
technology setup, phone bank training. We'll begin to explore
procurement of PPE. On July 20th, we'll open the portal to United
Way individual applications that have been waiting for rental and
mortgage assistance that we think we can process very quickly.
July 27th we'll open a portal for community health and services
initiatives that will allow those folks in that non-profit and
community health providers categories to apply and start to establish
agreements with us for programs to benefit them moving forward.
Then in August we'll have a second opening for rounds of individual
assistance, childcare applications, things of that nature, and on
August 31st we will open the small assistance business portal.
We've staggered these because we think it will allow us to
respond to the needs more appropriately, more quickly. We think
that starting with applications that have already been vetted by the
United Way will help us get individual assistance out the door
quickly, and then establishing those community initiatives with our
non-profit community and community health providers will only help
us even more in identifying individuals that might be eligible for that
further individual assistance.
So, with that, I'm sure you have questions and comments, and
we're seeking your feedback today on all of those programs.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah, two things. Number
one, I want to start off by saying with the proviso I want to move for
approval with these suggestions. I have had
conversations -- because, as you know, we have our partners call
every Wednesday, and I hear what's going on with a lot of our
not-for-profit organizations, especially in Immokalee, and there's
been an issue with the United Way, and I was concerned -- I
expressed that yesterday -- about the United Way's capacity to issue
out the money.
July 14, 2020
Page 86
And so, with that as an understanding that -- and that's
been -- just so you know, the county got money from the CARES Act
back in March or so?
MR. OCHS: (Nods head.)
COMMISSIONER McDANIEL: Somewhere in there, and
predominantly was put out through -- or made available to the United
Way for rent assistance, mortgage assistance, and the like. And
because of the Governor's stay of execution for foreclosures and
evictions, that money hasn't been appropriated as of yet. So I've got
to -- there's no fault necessarily of the United Way. I just want us to
be extremely cognizant of that money that's available, one; two, I
want to make sure that we get reports. Even though the Board's not
meeting throughout the summer, I would like to have, as often as is
possible, reports by email in some form or fashion as to how much
money has been distributed out.
I know that this board gave direction early on in the first
25 percent allocation, that that money be injected back directly into
the community.
And I would like to have those reports to us on as regular -- even
though we're not regularly meeting, if it's one-way communications
and email, I want to know that.
So, with that, I'm going to move for approval.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: And I'll second the motion.
I want to thank you for the staggered approach. I think that's very
wise.
And I wonder, Mr. Chair, with your indulgence, I'd like to hear
from our clerk to see if she's in agreement with this program and the
way it's being put forward.
I have talked to some folks to let them know there's going to be
three audits here, and the Clerk's audit is one of the most important.
July 14, 2020
Page 87
MS. KINZEL: Thank you, Commissioners. For the record,
Crystal Kinzel, Clerk.
We've been working very closely with your staff and very much
appreciate it. The devil is, obviously, always in the details. But,
conceptually, we've been working lockstep, and we're going to make
sure this is successful. Because you are correct, getting through
many, many barriers, depending on the levels of review that are put
in place, could be cumbersome. So, we're doing our utmost to
streamline that. And staff started working with staff right away, and
they've had meetings. And so, we expect that this is going to be very
successful, and we'll get the money out the door.
COMMISSIONER TAYLOR: Thank you.
MS. KINZEL: Okay. Positive.
CHAIRMAN SAUNDERS: I have a question for staff and also
a comment. First in reference to the comment -- and I support the
motion, but I want to make sure that we have total and full
transparency; that no individual, no organization receives funding
without the Board, in some form, having that. So that's public
information. I don't want there to be any potential allegation that
there are funds going to a particular business, for example, that
perhaps should not get it. I want everything to be as transparent as
possible. And so that's going to put a little bit of a burden on staff.
I don't know if that means we have a consent agenda item to approve
things or how you do it, but I want to make sure that we have full
transparency.
Secondly, and this is the question. In terms of these allocations,
I have no problem with the allocations today. In September, October
we may have a problem, or we may want to make some changes. So
I'm assuming that this is all very flexible; that these are recommended
allocations subject to change as the Board deems appropriate.
MR. OCHS: That's correct, Commissioner. That's why we left
July 14, 2020
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that -- the contingency as well.
CHAIRMAN SAUNDERS: All right. So we have a motion
and second.
MR. CASALANGUIDA: Mr. Chairman, you've got three
speakers, sir.
CHAIRMAN SAUNDERS: All right. Let's go through the
three speakers.
MR. CASALANGUIDA: Your first public speaker's online.
His name is Arturo Lopez.
And, Oscar, if you could turn him on. Arturo, you'll have two
minutes.
MR. LOPEZ: Yes, can you hear me?
CHAIRMAN SAUNDERS: Yes.
MR. LOPEZ: Thank you very much for the opportunity to
speak. I'm with the Coalition of Florida Farmworker Organizations,
and we're funded by DEO through the Community Services Block
Grant.
We are receiving CARE Act money to help those affected by the
virus here in Homestead and in Immokalee. And there's an
organization in Immokalee called the Immokalee Multi-Service
Multicultural Community Action Agency that is also eligible to
receive CSBG money for the CARES Act; approximately $260,902.
The agency is nowhere to be found, and I am afraid that that
money is going to be lost. It could be used now to help the clients
and agencies in Immokalee, and we had requested that the Office of
Economic Opportunity temporarily subcontract that grant to our
organization so that we could utilize it in Immokalee. But we have
not heard from them. And I was wondering if the county had had
any information on how that money would be distributed.
CHAIRMAN SAUNDERS: All right. I'm not sure if we have
anybody that can answer that question, but --
July 14, 2020
Page 89
COMMISSIONER McDANIEL: Specifically, no, but we are
aware that there is an issue with that organization, and staff's been
working to work through that process.
CHAIRMAN SAUNDERS: All right. Next speaker.
MR. CASALANGUIDA: Very good. In the Risk overflow
room, you have Donna McGinnis. If you could queue up Donna,
please.
MS. McGINNIS: Hi. For the record, Donna McGinnis,
president and CEO of Naples Botanical Garden. Is the sound level
okay?
CHAIRMAN SAUNDERS: Yes.
MS. McGINNIS: Okay, great.
So on behalf of Naples Botanical Garden, I just wanted to thank
you, and many of our non-profit colleagues want to express gratitude
as well as for, number one, providing a safe overflow space today but
also for the opportunity to meet with staff and give input on CARES
Act funding and its potential uses over the last few weeks in
meetings. We appreciate the chance to have been at the table.
The Garden, in particular, we've been -- we are open. So far in
July we've had 1,000 visitors through the Garden. And we have 100
staff and about a $6 million annual payroll. So, we're paying close
attention to everything that's going on.
And the reason that this can be -- the plan that you have before
you today, which we fully support, whether for profit or non-profit, to
reopen safely, our staff members have to feel safe coming back to
work. So, the PPE, as well as helping with the additional expense of
sanitation and cleaning supplies, is going to be extremely helpful as
well as some assistance with the modifications that we've had to
make to be able to do business.
So, everything from online ordering to touchless credit card
processing systems, plexiglass for sneeze guards, and the ability to
July 14, 2020
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work virtually, that's what's helping us get our people back to work
safely. And for many of us, we have a revenue loss, so assistance in
getting this done is going to be a really critical asset for us that we
really appreciate.
And for those of us that are attractions that are part of our
tourism economy, the fact is we need to open but also make sure that
we can stay open. So that continued access to PPE is going to be
really helpful for us.
The other thing, which I know that the staff has considered, is
access to rapid testing. Right now the testing that's available to us
when we have an employee that needs to get tested has that seven- to
10-day turnaround, and --
CHAIRMAN SAUNDERS: Ms. McGinnis, I'm going to have
to ask you wrap up. Your time's up. If you could wrap up.
MS. McGINNIS: Absolutely. That's all we wanted to say.
Thank you for letting us be a part of the decision-making process.
CHAIRMAN SAUNDERS: Thank you.
MR. CASALANGUIDA: Mr. Chairman, your final speaker's
in the room, Mr. John Jenkins.
Mr. Jenkins, you'll have two minutes.
MR. JENKINS: Thank you.
If I could, I've made copies of this for all the commissioners.
CHAIRMAN SAUNDERS: If you'll hand them to the County
Attorney, then they'll distribute it to us.
MR. JENKINS: Thank you. I'll take one.
I first want to open by saying that it's so nice to see leadership
leading by example, and Chairman -- Mr. Saunders -- Chairman
Saunders and Commissioner Solis, I want to thank you very much for
your leadership by example in this time.
This development plan that has been presented to you has been
obviously thoroughly reviewed. They haven't really seemed to miss
July 14, 2020
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a step. Everything's been thought of -- I mean, I congratulate them,
and everything that I can -- I really see no problem with the plans that
they've put forward. And it's -- time is of the essence, so we've got
to do this in fairly short order.
Excuse me. The one thing that I think that we are missing here,
though, is in order for our economy and for businesses -- I'm a small
businessman. In order for businesses and for the economy and for
people to get back, all these things help, but it's the consumer
confidence that is the biggest issue. And so many of my constituents
that I'm talking to are saying, you know, we've been open for
business. We're doing the cleaning. We're doing this. We're
doing -- but the people aren't coming in because they don't know.
They're afraid.
What I'd like to see the county do in addition to this, maybe
incorporate -- this is just a rudimentary plan that I've put together.
But it's business coding based upon the safety level of businesses in
Collier County.
This is a jobs program. The purpose, to ensure consumers have
comfort in knowing the decisions they make to go into whatever
business in Collier County, they're making the best efforts and
practices for public health and safety; number two, to ensure
businesses continue to strive and provide safety -- safe and healthy
environment for the consumers; and, number three, to inform the
consumer of the level of health risk and exposure that has
compromised, giving the consumer the information to take for the
best decisions.
This is totally based on a visual sign system that would be --
MR. CASALANGUIDA: Mr. Jenkins, your time's up, sir.
MR. JENKINS: Please review this. I feel free to have any of
you call me for any questions. I'd love to help out and see the
consumers taken care of.
July 14, 2020
Page 92
CHAIRMAN SAUNDERS: If you want to provide additional
input to our staff, that would be welcomed as well.
MR. JENKINS: Thank you. Thank you very much for your
time.
CHAIRMAN SAUNDERS: All right. I believe we have a
motion and a second. Is there any further discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: Seeing none, all in favor, signify
by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously. We're
going to move to Items 11C through, I believe, 11K that are fairly
routine matters.
ONE MOTION TAKEN TO APPROVE ITEM #11C THROUGH
ITEM #11K:
Item #11C
TO AWARD AGREEMENT NO. 19-7632 FOR CONSTRUCTION
ENGINEERING AND INSPECTION (“CEI”) AND RELATED
SERVICES FOR "ELEVEN BRIDGE REPLACEMENTS EAST OF
SR 29" TO HIGHSPANS ENGINEERING, INC., IN A NOT TO
EXCEED AMOUNT OF $3,184,809.50 – APPROVED
July 14, 2020
Page 93
Item #11D
AWARD INVITATION TO BID (“ITB”) #20-7719, PALM RIVER
BLVD BRIDGE REPLACEMENT (PROJECT NO. 66066), TO ZEP
CONSTRUCTION, INC., IN THE AMOUNT OF $1,295,966.06,
AND AUTHORIZE THE CHAIRMAN TO SIGN AGREEMENT -
APPROVED
Item #11E
AWARD BID NUMBER #20-7770, “SOUTH COUNTY WATER
RECLAMATION FACILITY (SCWRF) MODIFICATIONS TO
CLARIFIER #2,” TO CONTRACTOR, PWC, JOINT VENTURE
LLC, IN THE AMOUNT OF $1,599,700 FOR PROJECT NUMBER
70270, AND APPROVE THE NECESSARY BUDGET
AMENDMENTS – APPROVED
Item #11F
AWARD INVITATION TO BID NO. 20-7769, “SOUTH COUNTY
REGIONAL WATER TREATMENT REACTOR TANK NO. 4,”
PROJECT #70135, TO MITCHELL & STARK CONSTRUCTION
COMPANY, INC., IN THE AMOUNT OF $3,843,000, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT –
APPROVED
Item #11G
AWARD CONTRACT #19-7633 “SOUTH COUNTY REGIONAL
WATER TREATMENT REACTOR TANK NO. 4 - CEI
SERVICES,” PROJECT #70135, TO STANTEC CONSULTING
July 14, 2020
Page 94
SERVICES, INC., IN THE AMOUNT OF $318,640, FOR
CONSTRUCTION ENGINEERING INSPECTION SERVICES –
APPROVED
Item #11H
AWARD INVITATION TO BID (“ITB”) NO. 20-7747-ST,
IMMOKALEE HEALTH BUILDING HVAC AND ROOF
REPLACEMENT PROJECT, TO DEC CONTRACTING GROUP
INC., IN THE AMOUNT OF $1,266,093 AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AGREEMENT – APPROVED
Item #11I
AWARD INVITATION TO BID ("ITB") NO. 20-7741, "CARICA
PUMP AND PIPE IMPROVEMENTS," (PROJECT NUMBER
71067), TO FLORIDA DESIGN DRILLING CORPORATION, IN
THE AMOUNT OF $1,354,000, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AGREEMENT – APPROVED
Item #11J
SEVENTH AMENDMENT IN THE AMOUNT OF $1,637,264 TO
AGREEMENT NO. 04-3673 WITH CAROLLO ENGINEERS,
INC., PERTAINING TO THE DESIGN OF THE NORTHEAST
WATER RECLAMATION FACILITY AND WATER
TREATMENT PLANT, AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS – APPROVED
Item #11K
July 14, 2020
Page 95
AWARD INVITATION TO BID (“ITB”) NO. 20-7752, “HICKORY
ROAD WATER MAIN IMPROVEMENTS” (PROJECT NUMBER
70129), TO HASKINS, INC., IN THE AMOUNT OF $1,377,246.50,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENT – APPROVED
MR. OCHS: Yes, sir. These are all the capital improvement
contract awards that have all been competitively solicited and
procured in full compliance with your procurement ordinance.
They're on the regular agenda because the amount of the award
exceeds the $1 million standard that the Board had previously set
for -- on the regular agenda item.
CHAIRMAN SAUNDERS: Let me try something here. Let
me see if there are any questions or comments about any of these
items. If there aren't any questions or comments, we could take all
these up with one motion. But let's -- I don't want to skip over
anything that anybody may have some question or comment on.
COMMISSIONER McDANIEL: Which items again?
CHAIRMAN SAUNDERS: This is 11C through 11K.
They're all routine contracts that are bid awards. Nothing
controversial about them, but they're not on the consent agenda solely
because they're over the amount that would be permitted on the
consent agenda.
MR. CASALANGUIDA: Mr. Chairman, there are no public
speakers for these items.
CHAIRMAN SAUNDERS: Okay. So take a quick look. See
if you have any --
COMMISSIONER McDANIEL: I have a lot of notes, and I
was just going through the --
CHAIRMAN SAUNDERS: Take your time. This may not
work. We may have to go through each one of them individually.
July 14, 2020
Page 96
COMMISSIONER McDANIEL: And, you know, I think if you
would indulge me just to make a suggestion -- and it's something that
we can -- if you want to vote on these en masse. I would -- we had a
discussion yesterday during our staff meetings, because one of the
things having to do with the CIE contractors that we're hiring, I'd like
to -- I'd like to review that process in some form or fashion to have a
discussion at some -- in a different -- to adjust the system so that we
are incentivizing contractors to perform -- incenting them to perform
better and penalizing them in the event they don't perform under the
terms of their contract. I'd like to have a little closer look at that.
I didn't have anything in particular. My questions were answered
yesterday. I've reviewed my notes. But that was just a -- when we
were talking about it yesterday. Maybe in the fall I can bring back
an agenda item, and we can actually specifically go through some of
my thoughts.
CHAIRMAN SAUNDERS: All right. When we conclude the
vote on this, bring that up, and then we'll --
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SAUNDERS: -- direct staff on that.
All right. Any other questions or concerns in reference to any
of these?
(No response.)
CHAIRMAN SAUNDERS: Then I would entertain a motion to
approve Agenda Items 11C through 11K.
COMMISSIONER SOLIS: So moved.
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: Second -- third.
CHAIRMAN SAUNDERS: We have a motion and second.
Any discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
July 14, 2020
Page 97
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Commissioner McDaniel, you had a request for staff?
COMMISSIONER McDANIEL: Yeah. Well, I could just do
it now. If it would please my colleagues, I can bring back an item
when we come back in the fall to discuss the parameters of what I
was talking about in regard to the contracts and contractors that the
county's working with.
MR. OCHS: Mr. Chairman, if I might, we're in full support of
Commissioner McDaniel's suggestion. In fact, as we talked
yesterday, we are preparing some proposals to bring to your
Productivity Committee regarding our construction, engineering, and
inspection program. So, I think that would work very well with
Commissioner McDaniel's objective.
CHAIRMAN SAUNDERS: And you don't need any approval
from the Board. You're going to bring that back and --
MR. OCHS: Yes.
CHAIRMAN SAUNDERS: All right. That concludes our
regular agenda. We're going to reconvene at 1:00 after a lunch
break. We're going to have a lot of -- I believe we've 132 speakers
on the mask issue as of 9:00 this morning. That's probably doubled
by now.
So, as I had mentioned, my hope is that we go through the entire
presentation and make our decision as opposed to delaying any
further in terms of going into a second day to hear this. So, we may
July 14, 2020
Page 98
be here a little late tonight. So, when you order your lunch, you
might want to order some dinner.
COMMISSIONER TAYLOR: You're buying pizza.
CHAIRMAN SAUNDERS: I'll buy the pizza.
All right. With that, we are in recess --
COMMISSIONER SOLIS: Can't be $4, though --
CHAIRMAN SAUNDERS: Unless there's anything else, we
are in recess until 1:00.
(A lunch recess was had from 11:50 a.m. to 1:00 p.m.)
Item #11L
ACCEPT THE COVID-19 STATUS REPORT AND PROVIDE
FURTHER DIRECTION AS APPROPRIATE - PRESENTED BY
JOHN DREW, HEALTH DEPARTMENT
CHAIRMAN SAUNDERS: Ladies and gentlemen, the
meeting of the County Commission will please come to order. If
you would take your seats.
Mr. Ochs, I believe we're on the COVID-19 status report.
MR. OCHS: That's correct, sir. That's Item 11L on this
afternoon's agenda.
COMMISSIONER FIALA: I'd like to just add, as you said,
Mr. Oakes. We've got two Mr. Ochs. Of course, they're spelled
differently, but two Mr. Ochs right here in the audience or -- well, in
the room.
MR. OCHS: Yes.
COMMISSIONER McDANIEL: I was going to say that
earlier.
MR. DREW: Does that mean you're ready for me, sir?
MR. OCHS: Yes. John Drew.
July 14, 2020
Page 99
MR. DREW: Good morning -- or good afternoon,
Commissioners.
COMMISSIONER FIALA: Could you do me a favor? I can
barely understand you. Could you pull your mask down a little bit?
There's nobody in six feet around you or anything.
MR. DREW: I'm going to leave my mask on, and I'll speak
up --
COMMISSIONER FIALA: Okay. Fine and dandy.
MR. DREW: -- so that you can hear me, okay?
So, my name is John Drew. I'm with the Florida Department of
Health in Collier County. I'm here on behalf of Stephanie Vick.
And I'm just going to give you -- do we have my slides up here?
No. My slides aren't on the machine here yet. I started without
you.
COMMISSIONER SOLIS: We can get the microphone closer,
too.
MR. MILLER: What are you trying to do, sir? I'm not sure.
MR. DREW: I'm supposed to have slides. I sent slides in to
Mr. Willig yesterday.
MR. CASALANGUIDA: They should be there.
MR. MILLER: Let me see if I can find them.
MR. DREW: There it is. COVID briefing.
MR. MILLER: There you go, sir.
MR. DREW: Okay. So, we're just going to move quickly
through. We've brought the gating criteria for you again for the last
couple weeks.
So, with our emergency department visits, the influenza-like
illness syndrome emergency departments visits are going in an
upward trajectory. The COVID-like illness syndrome seems to be
pretty flat over the last couple of weeks.
Moving on to cases. Our case count has continued to increase.
July 14, 2020
Page 100
So, we have an upward trajectory there.
On the percentage of positive cases, it appears to have a
downward trajectory, although we do have that anomaly of the
40.4 percent for the one day in there, so -- but we're calling that one a
downward trajectory for today's purposes.
Just down to the bottom of the slide there you can see the
average for the two-week period that we're looking at 6/28 to 7/12,
we had 159 new cases per day on average, and the previous two
weeks, the average was 108 cases per day.
Over -- with the percentage positives, we did -- for the two
weeks that we're looking at, the average is 18 percent, and the
average for the last two weeks is 16 percent; however, we did take
out that anomaly. And when we removed that 40 percent, the
average percentage for the last couple of weeks is also 16 percent.
So, we've been holding 16 percent for about four weeks, which is still
well above the target range of 10 percent.
As far as hospital capacity, as you can see, the ventilators, we're
looking again at the bottom colors, the ventilators, there's a slight
uptick the last couple of days in ventilator use but, for the most part,
it's stayed relatively steady.
As for COVID patients in the hospitals, that number continues
to increase, and we're -- we have reports from both hospitals that
they're experiencing some staffing challenges, but they're both
working on and looking closely at ways to overcome those
challenges.
So, our conclusions for using the gating criteria are a "no" on the
symptoms. So those trajectories were going the wrong direction.
We gave it a "yes" on the positive tests as a percentage of total tests,
because we did have that downward trend, and hospitals were still
giving a yes on capacity, because the hospitals still do have some
capacity.
July 14, 2020
Page 101
I was told after I sent in these slides that you all appreciated last
time the rates of increase, so I went ahead and calculated those for
you. The rate of increase for COVID cases, new cases, from the
14th to the 28th was 67 percent, June 14th to 28th; and for the last
two weeks, June 28th to July 12th, also 67 percent rate of increase.
So, we're still increasing the number of cases in the county by a little
over two-thirds each two-week period.
Hospital rate of increase for hospital admissions was 37 percent
that first couple of weeks. I'm sorry, the June 14th through 28th.
And these past two weeks, the rate of increase still about the same, a
little bit lower, 35 percent. So still increasing the number of hospital
patients by 35 percent over the two-week period.
And so, I just wanted to take this opportunity to reiterate our
messaging to the public. And I know that there's been a high
demand for testing, and we've been doing a lot of testing. In fact, in
addition to our Immokalee testing last week, we did 922 tests in
Naples and Golden Gate City.
But testing is not a form of prevention. Testing -- if you test
negative, you could be exposed -- well, that only tells you that you're
negative at the time of your test. So, you could be exposed to the
virus and become positive at any time after that test. Okay. That's
important.
So, the key here is to continue to practice the advice that we, the
Health Department, has been giving all along: Wash your hands
often with soap and water for at least 20 seconds. If you don't have
soap, use hand sanitizer with at least 60 percent alcohol; clean
high-touch surfaces like counters and remote controls often; cough
and sneeze into your elbow or into a tissue; practice social distancing;
wear a cloth face covering over your mouth and nose; keep at least
six feet between you and other people.
And something that's easy to remember for working on that
July 14, 2020
Page 102
social distancing, avoid the three Cs: Closed spaces with poor
ventilation; crowded places with a lot of people nearby; and close
contact settings. If you have to be in those places, wear a mask.
That's all for me.
CHAIRMAN SAUNDERS: All right. My little board here is
not lit up. Troy, I may need some help just to get that working. So,
if you want to speak, just raise your hand.
COMMISSIONER SOLIS: For whatever it's worth, mine says
No. 1.
COMMISSIONER TAYLOR: 2. I'm 2.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Thank you for the information.
And just one question: I mean, from the Department of Health's
perspective, does wearing a mask and would wearing a mask help
slow the spread of COVID-19 in Collier County if everyone wore a
mask?
MR. DREW: Well, the Department of Health recommends
wearing a mask any time that you're in -- not able to social distance.
COMMISSIONER SOLIS: Okay.
MR. DREW: So, if you're in public and not able to social
distance, Department of Health recommends wearing a mask.
COMMISSIONER SOLIS: And that would help slow the
spread of COVID-19 in Collier County?
MR. DREW: Wearing a mask --
COMMISSIONER SOLIS: Okay.
MR. DREW: -- helps slow the spread, yes, that is --
COMMISSIONER SOLIS: Thank you. That's all I have.
CHAIRMAN SAUNDERS: Andy, do you have any more
softballs there?
COMMISSIONER SOLIS: No. I'm just trying.
COMMISSIONER McDANIEL: Is that a leading question?
July 14, 2020
Page 103
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. A couple of things:
According to CDC website as of today, or maybe, let's put it, during
week 27, which I think we're in week 27 -- and this is for, I believe,
the United States, we are below the epidemic threshold for mortality.
Can you speak to that?
MR. DREW: I can't, uh-uh, no.
MR. OAKES: I can.
COMMISSIONER TAYLOR: Okay. So, then my next
question is, I have first-hand knowledge that there were two tests
done -- and this is not a criticism, okay, but this is a fact. Two tests
done for folks who came to the Department of Health not necessarily
over here, but Department of Health supervised or authorized testing
stations who we're going into day 16 and 15 and they have yet to get
the results of their test.
MR. DREW: I can tell you that the testing that we're currently
doing is taking between seven and 10 days to get results back.
COMMISSIONER TAYLOR: They're at day 16 and 15.
MR. DREW: I can't respond to those individual --
COMMISSIONER TAYLOR: Okay.
MR. DREW: -- situations.
COMMISSIONER TAYLOR: Even some of the quick tests
they were told where there was -- where they had to go in for
something else and they got questioned about a test, and they wanted
to take their test, the doctor said three to five days, and the assistant
said 10 days.
So, I know we're behind. And, again, this is not a criticism, but
it's more, how -- are we going to play catch-up as a second grade
teacher used to ask the kids using the word k-e-t-c-h-u-p?
COMMISSIONER McDANIEL: Or mustard, please.
COMMISSIONER TAYLOR: Catch up. How are we going
July 14, 2020
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to do that?
MR. DREW: All I can tell you is that the laboratories are
behind. They're -- it takes time to process the results. And I'm
going to let Stephanie finish my response.
MS. VICK: Hello, Commissioners. Good to see you.
We can increase testing all we want, and as long as we're having
to use labs and send our tests out to labs -- and from the Health
Department standpoint we have used at least four different
commercial providers for laboratory results.
Now, for people that have had symptoms and they've come to
the Health Department and we send it to the state lab, we were having
a very good turnaround time in the very beginning. You know, it
was running three days or so. But as the number of people needing
to be testing ramped up and the state lab became overwhelmed, more
arrangements were made with private labs. And it is not just the
Health Department that is having these issues. It is almost every
organization, healthcare organization in the country.
There was a report this weekend for Phoenix, Arizona, that
people were sitting in line for 13 hours or so. They would start at
11:00 in the morning, sit in line to get tested, and then wait for 16
days to get the results back. It kind of defeats the purpose of testing.
I understand that.
COMMISSIONER TAYLOR: Yes.
MS. VICK: But unless we get to a point where we can do
point-of-care testing --
COMMISSIONER TAYLOR: Like you do with the flu. Like
when you -- a doctor, right away, 15 minutes.
MS. VICK: Right, they do the flu, and they can test you right
in their office, and within so many minutes you can get a result.
When we get to that point either as a county or providers individually
can all do point-of-care testing, we're likely to continue to see delays,
July 14, 2020
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because the labs are getting overwhelmed.
Each time we've made a change in a private lab, in the beginning
they're pretty good, and we're thinking, okay, this will be good.
Three days, five days is better than 10 and 15. But as their volume
goes up and more people use them, we have longer waits.
COMMISSIONER TAYLOR: Okay.
MS. VICK: Okay.
COMMISSIONER TAYLOR: And that would be for folks
who test with symptoms as well as folks who do not have symptoms
and they just want to be tested?
MS. VICK: That is the truth.
COMMISSIONER TAYLOR: Wow.
MS. VICK: Yes.
COMMISSIONER TAYLOR: Thank you very much. Thank
you.
MS. VICK: You're welcome.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Stephanie?
MS. VICK: I'm sorry.
COMMISSIONER McDANIEL: How you doing?
MS. VICK: I'm feeling good. Thank you.
COMMISSIONER McDANIEL: Good, good, good.
Have you had any experience, or are you capable of voicing an
opinion with regard to the CLIAwaived rapid tests?
MS. VICK: Well --
COMMISSIONER McDANIEL: Yes? No? Maybe?
Forever? Seldom? Occasionally?
MS. VICK: The problem with the CLIAwaived rapid test is
that the more studies that -- scientific studies that keep going on, they
waived them early to get more tests out there because people were
clamoring for them. But the studies are being done that not -- they
July 14, 2020
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don't have the efficacy. And so, they might only be 40 to 50 percent
accurate whenever you do them. So --
COMMISSIONER McDANIEL: I've been told that they're
95 percent.
MS. VICK: Yeah, the manufacturer will tell you all kinds of
things.
COMMISSIONER McDANIEL: Okay. Well -- and -- thank
you. I mean, that was -- because I have some information on those I
got from an organization that we were trying to bring to Immokalee
to help our citizenry.
And the discussion with regard to the testing, Commissioner
Taylor, when you go and get tested on a Thursday afternoon, we're
using a lab in Virginia, I think, right now, and you're told seven days.
MS. VICK: New Jersey.
COMMISSIONER McDANIEL: And so the last FedEx shot
out is at 5:00, and you go at 4:00. You don't make the FedEx drop.
It doesn't go till Friday. So, then the test doesn't get to Virginia until
Saturday. No one's working Saturday and Sunday. And so by the
following Wednesday when you're at the end of your seven days in
your brain, in actuality you're only day three, and all you need is for
someone to have an overload or anything along those lines, and
you're into the following Monday or Tuesday, which puts us off with
regard to that which is -- the manufacturer of that rapid test that I was
speaking with, they also have a lab in California that has shared with
me, and I've -- where'd Nick go? There he is back there.
I sent the information to our staff just to have it looked into to
see if there was something that we could do to help. I know a lot of
our first responders are utilizing those tests just on a preventative
basis just to help us keep our first responders staffed up and so on,
so...
MS. VICK: Right.
July 14, 2020
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And Nick and I just had a side conversation about the possibility
of getting some key people together in the county and trying to figure
out a solution for countywide, because it is such a problem
countywide. It's not -- as I said, it's not just our organization. It's
across the board.
COMMISSIONER McDANIEL: Well, no. Yes, yeah.
COMMISSIONER TAYLOR: Oh, no, it's not. And I started
off this is not a criticism. This is --
MS. VICK: Yes.
COMMISSIONER TAYLOR: -- just getting information out
there. And then that, of course, someone who's quite concerned
might decide they're going to go do the rapid testing, and then all of a
sudden we have got a record of two tests, which adds to statistics in
the CDC dashboard, not necessarily to statistics about --
COMMISSIONER McDANIEL: No, it doesn't.
COMMISSIONER TAYLOR: Oh, yes. There's a whole thing
in the state about number of positive tests. Number of positive labs.
COMMISSIONER McDANIEL: Okay.
MS. VICK: May I just interject one thing before we go on to
more questions?
Commissioner Solis, you asked about the efficacy of a mask.
COMMISSIONER SOLIS: Yeah.
MS. VICK: And I just wanted to share some research that
Dr. Lindner -- you remember him from NCH. He's here to
talk -- had done. On the -- remember of the Princess cruise ship that
had people there for a long period of time? Their percentage of
people positive was about 18 percent on the ship even with them
trying to social distance people, but no masks, no -- so 18 percent.
In the hospital, in NCH here, everybody's wearing a mask. People
that are coming in are wearing a mask. They've been able to keep
their infection rate less than 1 percent. So, does it make a
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difference? Absolutely.
COMMISSIONER SOLIS: Thank you.
CHAIRMAN SAUNDERS: Go ahead. I'm sorry.
COMMISSIONER TAYLOR: But I have another question,
because I was asked this question, and I couldn't answer it. Has
there been any study done, you know, a study, a controlled study
showing the efficacy of masks versus no mask besides your anecdotal
information since this epidemic has come to us?
MS. VICK: There have been considerable studies being done
showing efficacy today how far droplets go.
COMMISSIONER TAYLOR: Yes.
MS. VICK: Like when you talk and when you sneeze and
whatever without a mask, and it's even further than we thought. So
six feet is probably not far enough away, especially if you're laughing
loudly or you're singing loudly or you're coughing. It's much more
forceful, and it can stay out there for a long period of time suspended
in air, especially inside. Outside is a little better because of the
breeze, and it disperses. Okay. But inside is a real problem. And
also they're showing studies that it gets into the ventilation system
and transfer those droplets.
So -- but with a mask on, you can cough or you can sing or
sneeze, and things stay right about here (indicating). And it's really
because it comes out the sides. But in right about here (indicating).
COMMISSIONER TAYLOR: And is that any mask, or is that
a specific mask? I mean, we see lots of folks with handkerchiefs
over their faces, or they pull their shirt up.
MS. VICK: Handkerchiefs are not as good, but cloth masks
that are at least two-ply.
COMMISSIONER TAYLOR: Yes.
MS. VICK: Three-ply is better, and then an N95 mask --
COMMISSIONER TAYLOR: N95, of course.
July 14, 2020
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MS. VICK: -- but we want to save those for our healthcare
providers, the N95s, because they are still somewhat in short supply.
And if we continue to get a rise in cases and more demand on
hospitals, we're likely to have a shortage again.
So, what we're looking at are, like, procedure masks, three-ply
cloth masks for the community.
COMMISSIONER TAYLOR: Okay. Thank you.
CHAIRMAN SAUNDERS: Let me just ask a real quick
question.
The number of patients in the hospital, both ICU and regular
patients, is approaching 185 plus or minus. So the numbers have
gone up dramatically.
I remember back in April we had 20 or 30, and it was up to 40
and 50, and it's been kind of inching up, but it's gone up rather
dramatically in the last week or so. Are you getting any indication
from our hospital systems as to whether or not there's concern of
running out of space, or are they still pretty well set and we have
more numbers, but that's not a big problem?
MS. VICK: Well, what I'm hearing is that they -- they have
planned for surge but also then -- you have the space, but you don't
necessarily have the staff. So, the concern is, is when we need to use
the space, will we have the staff and can we access staff? And we
might need some assistance from the state to get them. However,
many people were given leave whenever the caseloads were low, and
so the first option would be to pull them back in first to care for
people.
CHAIRMAN SAUNDERS: Okay. All right. I have no other
questions. I don't see anybody's light lit up. Why don't we -- if
there's no other questions for the Department of Health, why don't we
move to, Commissioner Solis, your proposal.
COMMISSIONER SOLIS: Okay.
July 14, 2020
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CHAIRMAN SAUNDERS: I think we do have a few people
that are registered to speak on that.
COMMISSIONER McDANIEL: Mr. Chair?
CHAIRMAN SAUNDERS: Yes.
COMMISSIONER McDANIEL: Might I make a suggestion?
I had heard something about limiting the speakers to one minute
apiece.
CHAIRMAN SAUNDERS: Well, we haven't -- we limited
them to two minutes.
COMMISSIONER McDANIEL: We did.
CHAIRMAN SAUNDERS: That's been done. The question
becomes whether or not we have to limit speakers further. We have,
I believe, about 160.
MR. MILLER: We currently have 172 people registered online
and about another 30 at remote locations around the campus and
another nine in the room. Currently we have, of the people, 172 who
preregistered, we have 118 of those online.
CHAIRMAN SAUNDERS: All right. So, we do have a bit of
a problem in terms of accommodating everybody. I suggest that we
start into the public comment after Commissioner Solis has made his
presentation. At some point we may have to say, okay, we've had
enough public comment, we have to take some action, and move on,
but I think we can kind of see how that goes.
COMMISSIONER McDANIEL: I guess my question was
more to Troy, are these 180, 200 speakers registered for this item or
for the topics not on today's agenda?
MR. MILLER: That is exclusively the people registered for
either 10E or 11L. That is not for the Item 7. I've got about 20 of
those registered right now.
COMMISSIONER McDANIEL: Okay.
July 14, 2020
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Item #10E
DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK FOR A SPECIAL HEARING AN ORDINANCE
MANDATING THAT INDIVIDUALS WEAR A FACE
COVERING IN PUBLIC – FAILED
CHAIRMAN SAUNDERS: All right. So, Commissioner
Solis, why don't you lead us off, and then we'll start the public
comment. And we may have to make some further curtailing of time
as we get into that.
COMMISSIONER SOLIS: Well, thank you, Mr. Chairman.
At the board meeting on June 30th we had discussed whether there
was any interest in having a discussion on a mask requirement, an
ordinance that would require masks, and at that time the Board
decided that we weren't going to have that discussion. And since
that time I think everyone has seen on the news that Florida has
become -- I saw it this morning being referred to as the -- South
Florida specifically being the epicenter of the pandemic now.
And as I've said from the beginning when we started discussing
closing beaches and whether or not we needed to be concerned with
travelers from other places, this has a significant effect on our
economy as well and specifically the tourism industry.
One of the things that I've found personally in what I'm doing
now in the private sector is that planners of conventions, conferences,
and the attendees are asking certain questions. Does the hotel that
you're at have any kind of, you know, CDC requirements, processes
for cleaning, that sort of thing, and does the location have any kind of
mask requirement? This is being asked not only by the attendees,
but I think, most importantly, this is -- this is being asked by the
employers, because the companies that I'm dealing with have travel
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restrictions, and their employees cannot travel to places that are
considered hotspots because they don't want employees coming back
and bringing the virus into their facilities.
So as the chair of the TDC, I thought that it was incumbent upon
me, since this is something that's impacting our tourism industry,
which is the lifeblood of our county and that already took a
tremendous hit this year -- I mean, occupancy was down 10 percent
during the season -- that it was incumbent upon me to bring this to
the TDC and have a discussion as to, one, from a marketing
perspective, what do we want to do? What does the TDC want to
do?
And Jack Wert has -- and staff has put together, I think, a very
good plan, but also is this -- is not having a mask ordinance
something that puts us at a disadvantage to the areas that we compete
with every day for tourism dollars? And the TDC voted that -- to
bring this forward to the County Commission.
The competitors -- the Keys, Orlando, Pinellas County,
Hillsborough County -- those areas have adopted mask-mandated
ordinances for folks that are in public where social distancing is not
possible to wear masks. They've done that. And they're using that
as a marketing point.
It is common sense, I think, that if I'm going to go on vacation,
I'm going to go somewhere where I feel safer and I'm less likely to go
someplace that I don't feel as safe. It's just common sense.
And I have numerous emails that I will share from the hoteliers.
You know, Clark Hill at the TDC spoke very eloquently that
while -- in the last few months, May, maybe in May, that bookings
were on the rise, and since this spike in our cases and the press that
we're -- that Southwest Florida and Florida in general is receiving,
that the bookings are now going down again, and it's of great concern
to them.
July 14, 2020
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And so, the discussion I would like to have is, from an economic
standpoint, is this something that would help our businesses? When
red tide was here, we really couldn't control in any way the
perception of whether red tide was here or not. It was here, you
could see the fish, and we just had to ride that out.
In this perspective, we have the ability to change the narrative.
We have the ability, if we want, to make our marketing strategy
that -- come to Collier County because it is the safest place as well as
the best to live, work, and vacation. That is a strong message, I
would say, on behalf of our businesses, on behalf of all of, you know,
the tourist-based businesses, the hotels, the restaurants, but all the
other businesses that benefit from our season.
If we don't do everything that we can to protect our tourism
industry, it's going to take us years to recover, and there are -- our
competitors are using this in the way that I'm suggesting.
So I just want to -- I want to keep this to an economic
discussion, but I know that we will get bogged down into whether or
not an ordinance that requires people to wear masks in indoor public
places is constitutional and that it is somehow unconstitutional.
And bear with me, because I think this is important. It is not
unconstitutional. In 1905, in Jacobson versus Massachusetts, the
U.S. Supreme Court ruled that in a local ordinance requiring
vaccinations to quell an outbreak of smallpox in Cambridge,
Massachusetts, was absolutely constitutional.
And Mr. Jacobson made exactly the same arguments in 1905
that we're hearing today; that the constitution somehow provides
protection for not having to have -- submit to a vaccine; that we have
an unrestricted right to do whatever we want that's protected by the
constitution. And the Supreme Court has held over and over again
that that is not the case; that where the health and safety of the public
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is at stake in times of medical emergencies, that local governments
have the authority to enact these kinds of laws.
Bear with me, because I want to read this because this is directly
on point, and this is what the law is.
This is today the case that was recently relied upon by our
current Supreme Court in upholding a COVID-related regulation
limiting the number of people that could assemble in a church. And
the case says, we come to then inquire whether any given or -- any
right given or secured by the constitution is invaded by the statute as
interpreted by the state courts.
The defendants insist that his liberty's invaded when the state
subjects him to a fine or imprisonment from neglecting or refusing to
submit to vaccination; that a compulsory vaccination law is
unreasonable, arbitrary, and oppressive, and therefore hostile to the
inherent right of every free man to care for his own body and health
in such a way as to him seems best.
And Justice Harlan went on to say that the liberties secured by
the Constitution of the United States to every person within its
jurisdiction does not import an absolute right in each person to be at
all times and in all circumstances wholly freed from restraint.
There are manifold restraints to which every person is
necessarily subject for the common good. On any other basis,
organized society could not exist with safety to its members.
Society based on the rule that each one is a law unto himself would
soon be confronted with disorder and anarchy. Real liberty for all
could not exist under the operation of a principle which recognizes
that the right of each individual person to use his own, whether in
respect to his person or property, regardless of the injury that may be
done to others.
This court has more than once recognized it is a fundamental
principle that persons and property are subject to all kinds of
July 14, 2020
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restraints and burdens in order to secure the general comfort, health,
and prosperity of the state.
So in a case that was decided in May, our current Supreme
Court upheld -- it relied on the Jacobson case that I just read to you
and upheld denial of an injunction against the law prohibiting
gatherings of more than 25 people based upon a restraint on the right
to practice the appellant's religion. And it quoted that very same
language.
And now another federal district court, the District Court of
Maryland, has ruled in the last couple of weeks, I believe -- yeah.
Well, May 20th -- that the requirement that there would be no
injunction against an ordinance requiring the public to wear masks in
public on the same basis. So, this is not a constitutional issue. It's
been decided.
So, there are -- there's any number of laws and ordinances and
things that we abide by on a daily basis that everybody abides by.
Well, most everybody. We require people to wear shoes when they
go into restaurants. We require people to wear clothing when they're
in public. We require people to wear seatbelts. People are required
to drive on the right-hand side of the road. We require employees in
restaurants to wash their hands after using the bathroom. I mean,
that is a sign that is posted in every single restaurant. Everyone has
seen them.
The current CDC guidelines -- and, yes, the CDC and the
W.H.O., their messages have evolved since the beginning of this
crisis. The current CDC guidelines, the current U.S. Surgeon
General's guidelines, the AMA, and the W.H.O. guidelines all state
that mask use, social distancing, and hand washing are keys to
slowing the spread. We've heard that again here today from our own
Department of Health.
It's my understanding that the Collier County School District
July 14, 2020
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today will be requiring that kids coming back to school wear masks
and goggles because based upon the science and the
recommendations of our healthcare professionals, that is the best
thing for both teachers and the children.
The Collier Medical Society, the NCH -- I had a discussion with
Paul Hiltz yesterday. Yes, they have available ICU beds and
ventilators; however, he said to me that since the 28th the number of
people they have in the hospital today has doubled. And if that
continues -- and we just heard from the Department of Health that the
rate of increase has remained at 67 percent -- that that will be
problematic. And I think -- I don't know if he's here or if
he's -- Dr. Lindner's on the line.
So -- and what I'd like to do is I have a -- there's some
PowerPoint slides that I would like to share. Okay. Here's one
from the AMA, right. The CDC director, Robert Redfield, if
everyone wore a mask for the next six weeks, we could drive the
pandemic into the ground. This is from the AMA.
The next one is from -- the health advisory from Governor
DeSantis. Residents advised to wear masks in public and socially
distance.
There's a message from Vice President Pence, wearing a mask.
The usage of mask coverings to prevent the spread of COVID-19.
There was a fact check, because I had heard that -- one, I'd heard
somebody testified at the TDC that the Surgeon General had said
masks -- we shouldn't wear masks, and I personally watched the
Surgeon General wearing a mask saying that we all needed to wear
masks.
OSHA recommends the use of face masks amid the COVID-19.
The next slides are Collier County Medical Society requests that we
adopt an ordinance requiring masks in public places.
Here's an interesting one in terms of the economic damage.
July 14, 2020
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Feds -- Kaplan, who's one of the fed chairs from, I believe, Texas,
says that wearing face masks is the key to U.S. economic growth
because we will slow the curve, which has always been the goal.
Forbes and an article from Goldman Sachs, that a national mask
mandate could save the U.S. economy one trillion dollars. Our own
Senator Rubio, his famous quote: "Everyone should just wear a
damn mask."
Senator Scott has also chimed in and said people need to wear
masks.
Okay. And here is one of the pieces of information that was
brought up by our staff at the TDC. AFAR is one of the publications
that we use and we rely upon for getting information in terms of the
tourism industry. This is the question. Florida start opening to
travelers, but should you go? And I would say, should you come to
Collier County?
And then the last slide is just an example. This is one of our
main competitors, Sarasota County. Okay. They're showing that
they have taken precautions to make sure that everybody's safe. And
I would suggest that adopting an ordinance that requires folks to wear
masks in public and indoor places where social distancing is not
available, as we just heard, indoors is the biggest concern, is a
problem.
I have received emails from some of our best restaurateurs:
Tony Ridgeway; Jason Parsons, the manager of the Naples Beach
Hotel; Randall Upchurch, professor at the Lutgert School of Business
about how this would help our economy; Tom White from the
Hawthorne Suites; Dr. Tom Lanson, a retired neurosurgeon in favor
of such an ordinance; Attorney Lisa Littman relaying to me how her
estate planning clients who were over the age of 80 -- 65, sorry -- 65
and snowbirds are stating to her that they're not coming down. And
I'm sure we've all received lots of emails.
July 14, 2020
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So, the other thing I'd like to do is -- and, again, as evidence of
the kind of information that is out there that our businesses have to
deal with.
Leo, you've got the ones for the visualizer.
So, the first -- the first slide is the Department of Health slide
from 6/29. This is where we were on the last day of June. The next
one is where we are as of the 13th. The cases in the hospital from
the 29th to the 13th have gone from somewhere around 115 to, it
looks like, 185, 190.
The next one, Leo, is -- again, the other chart's as of 6/29 when
we had our discussion last time. The next one from 7/13. I don't
think it is unreasonable to say that things have changed considerably
in terms of what's happening in the community and the rate of
infection and the number of people in the hospital. The numbers are
there.
And the last one is just the final chart that we get on a regular
basis, as of 6/29, that shows chronologically what's happened since
different phases of opening. And then the last one shows as of the
13th that there's something going on, obviously, and the numbers are
increasing.
The discussion that we had at the TDC was that this is
something that could be helpful, would be helpful to our businesses
of all types if Collier County was known to be now taking the steps to
make sure that we are the best and safest place to come, not the
opposite, which is what we're seeing in the media.
And I would urge everyone on the Commission to consider the
effect of not requiring this. And one being -- you know, being
wrong. And if the rate of increase continues and the press continues,
the effect of that on our businesses. It will be catastrophic, and it
will take decades, I think, to recover.
We will hear from -- I'm sure he's still on the phone -- Michael
July 14, 2020
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Dalby from the Chamber.
COMMISSIONER McDANIEL: He's right there.
COMMISSIONER SOLIS: Oh, there he is. Good. He's here.
I spoke yesterday with the president of the Chamber on Sanibel.
They adopted a mandatory mask ordinance two weeks ago, and he
relayed to me that they are seeing dramatic results as a result of that,
and for an interesting reason that I think merits discussion. They're
seeing this because one of the things that it provides people, not only
visitors but residents, is a uniformity that when people venture out,
they know what to expect wherever they go. And he said that has
been a very important factor in their businesses seeing more activity
and more revenues.
So I would like to ask my colleagues that we took a stand as a
community to make Collier County the safest and best place to live,
work, and vacation like we've always said that it has been, because if
we do nothing, we won't be that anymore.
CHAIRMAN SAUNDERS: No one's light's lit up.
COMMISSIONER SOLIS: Thank you.
CHAIRMAN SAUNDERS: Are you finished?
COMMISSIONER SOLIS: I'm finished.
CHAIRMAN SAUNDERS: No one's light's lit up at this point.
I do want to make a couple quick comments. First of all, that was a
very good, thorough presentation, so I appreciate it. I agree it's an
economic issue, but I also agree that it's a health issue --
COMMISSIONER SOLIS: Absolutely.
CHAIRMAN SAUNDERS: -- which actually is more
significant than the economic issue.
As we go through the public discussion, I'd like you to consider
the possibility, if there are three votes to move forward with this, that
we do this as an emergency order, because we could do that today.
It has the same effect. If there are three votes. As opposed to
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continuing this for another two weeks to advertise.
COMMISSIONER SOLIS: Well, I think there's a difference in
the number of votes required for an emergency order as opposed to --
CHAIRMAN SAUNDERS: An emergency order only requires
a simple majority. An emergency ordinance requires a
supermajority. I'm talking about --
COMMISSIONER SOLIS: Emergency order. Oh, I'm sorry.
Got it.
CHAIRMAN SAUNDERS: -- an emergency order, which has
the same force and effect as an ordinance. But just consider that if
there are --
COMMISSIONER SOLIS: Absolutely.
CHAIRMAN SAUNDERS: -- three votes when we get to the
end of this.
Commissioner McDaniel.
COMMISSIONER McDANIEL: First of all, it's obvious that
you're extremely passionate in what you're saying and what
you're believing. I don't concur with your thought process.
I have seen nothing but anecdotal data with regard to the negative
impacts for our economy. When you hosted the emergency meeting
last week, all I saw was anecdotal data with regard to theoretical
reductions in our tourism. It may well happen. I think you're
leaving out the number one issue, and that is the matter of choice.
You carefully avoided that when you talked about the school
district voting when coming up this afternoon. I talked to Dr. Patton
last night, and there are four choices for our children who are going
back to school this year, and if they're going to go back to school,
they have to wear a mask, they have to sit socially distanced, they
have to do all of those things, but they have that choice. And that,
sir, is where you and I go like this (indicating).
COMMISSIONER SOLIS: Exactly the same.
July 14, 2020
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COMMISSIONER McDANIEL: I think this board already
shared with you that -- a strongly worded suggestion along the CDC's
guideline of the benefits of wearing a mask, and our Sheriff shared
with you about the un-enforceability of any kind of a mandate on
wearing a mask.
I shared with you the thought processes of education, which is
where I'd really, really like us to put our energies. The obligation of
wearing a mask if you are symptomatic of anything, anything that
obligation is incumbent upon, I believe -- of society. But I don't
concur with your thought processes. As a matter of fact, it's actually
a little bit counterintuitive for me because while you're over -- while
you're suggesting that we're hurting our economy on a tourism basis,
you were the first to jump to restrict our beach activities, to restrict
our beach operations, our hours of operations.
And that, to me, is as large of -- if tourism, in your words, is
such as important process, the restriction of our beach hours on the
premise of keeping those bad people from the other coast from
coming here is -- it's counterintuitive to me.
So, I mean, you're well presented, well thought out. I just -- I
can't support your rationale.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I wondered if my
commission would indulge me for three minutes.
And, Troy, I wonder if you would please put that recording on
that I heard this morning. This is a recording on National Public
Radio. It was aired this morning. It was a report from California
that has a mandatory mask ordinance and, as you probably know,
they have now gone to a shutdown because it's not working. Thank
you.
(A recording was played as follows:)
"So, what do owners do about customers who won't wear masks
July 14, 2020
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even when it's the law? Here's NPR's Jim Zarroli.
Brenda Leek began running a restaurant last year in the San
Diego suburb of La Mesa. It's called Curbside Eatery, and most
days she loves it.
When it's rolling along, it's wonderful. I couldn't be happier.
We have a fantastic clientele. We have a beautiful community.
But this year hasn't been so fantastic. Because of COVID-19,
the state say customers can only go into restaurants if they're wearing
masks.
Leek recently had to kick out a woman who wouldn't put one on.
She had her shirt over her face, and I wouldn't let her. And so then
she said, this is ridiculous, you're discriminating against me, and told
me that I would be hearing from her attorney, and I said that's fine.
The attorney never called. Still, Leek is frustrated. She feels like
she's caught in the middle.
States such as California have imposed strict social distancing
guidelines on retail stores and restaurants, and it's often up to the
businesses themselves to enforce them.
The Internet is filled with scenes of angry confrontations
between customers and store managers.
Don't touch me. I'm filming.
This is a shopper at a mall outside of Pittsburgh who's refusing
to wear a mask.
I have a doctor's note where I don't have to wear one. I'll show
you.
You cannot come in here.
I'll show you. Don't touch me.
Other times one customer stands too close to another, and they
get into a fight. And this kind of a thing is happening a lot,
especially at places that serve alcohol, says San Diego Attorney Kelly
Deford Williams.
July 14, 2020
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I have had clients who've had to call the police multiple times in
order to have a customer escorted off the premise or, at times,
arrested.
Williams says this is a legal minefield for small businesses. If
they don't enforce COVID-19 regulations, they not only face fines, if
anything goes wrong, they can be sued by customers, employees,
even the state.
If two customers got into an argument or a fight, the restaurant
could be named on the complaint if they failed to enforce the mask
rule or failed to kick them out.
Williams says if a business doesn't follow the rules and an
employee gets sick, it can be sued for creating an unsafe work
environment.
It's often a store's employees who are on the front lines in
altercations with customers.
Anthony Hernandez works as a barista in suburban Chicago.
Since COVID-19 came along, he's had to deal with a lot more unruly
coffee drinkers.
They'll say, like, you know, you're being very disrespectful.
Now you're telling me that I have to wear my mask. I have to do
this and this. I mean, it will escalate to that point. You're just
standing there at the barista, what do I do? What do I do?
Hernandez, whose family is from Mexico, says he and the other
staff are sometimes subject to ethnic slurs from irate patrons who
won't wear masks. When that happens, he'll tell coworkers he needs
to take a smoke break.
Which is basically code for saying, I need to get out of the store
for a little bit so I can go and just relax and cool myself down before I
explode, you know, just because it gets really stressful at that
moments.
Hernandez adds that most customers are like that. They follow
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the rules. But there are enough who refuse to do so, and it's workers
like him who have to deal with the consequences.
Jim Zarroli, NRP News."
COMMISSIONER TAYLOR: And I bring that up because
there's another side to this story, and there's another side by a state
who have enforced a mandatory mask ordinance. And I think it's
very important that we bring this forward in our discussions.
Thank you.
CHAIRMAN SAUNDERS: All right. Unless there's any
further discussion, I think we should turn this over to Troy.
And, Troy, I know we've got a lot of speakers. Let's go through
them as quickly as you can and remind each one they have two
minutes.
MR. MILLER: Yes, sir. And we're -- in order to try to speed
things along, since we're doing cleaning and stuff, we're going to
rotate between here, registered online, and at the other locations on
campus.
CHAIRMAN SAUNDERS: Wherever you want to go, that's
fine.
MR. MILLER: Okay, sir.
So, our first speakers in this order will be Alfie Oakes, Dan
Stevens, and Monica Morgan. And I want to remind everybody -- I
know you're trying to get a lot of information in in two minutes, but
the court reporter is trying to take down word for word what you're
saying. So, please, no speed talking. Thank you.
Mr. Oakes.
MR. OAKES: Yeah. So, I'd like to address the false premise
that Mr. Solis has come up with here.
Clearly -- I sent everyone studies, 15 different scientific studies
that says that the mask absolutely does nothing. I had an
epidemiologist in the store that said having a mask is the same as
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putting a chain-link fence around your house to keep the mosquitoes
out. It does nothing to thwart off the virus. It's scientifically been
proven.
As far as business goes, my store is known as the store that no
one wears a mask at. Friday was the busiest day we've ever had
since we've been open. I couldn't even find a parking spot in the
place. People were parking off site because the place was packed.
People love to come to the store because they said it's the only place
that feels like -- feels like it's normal again.
And nobody's getting sick. The false news over here, Fox 4
that's made false allegations, we're suing them. They said that
someone died at my farm that didn't die, and I have proof that they
didn't -- just because I come against it.
This is -- this is not about medical. This is -- this is a political
statement that's going on, and the media's in with it. A lot of
different people are in with it.
When we go back to the facts, the facts are that 94 people have
died in Collier County from the whole COVID thing from the
beginning. We were sitting here talk -- about three months ago I
was up here asking you not to shut the businesses. If we didn't shut
anything down, we'd still be fine. The people on Fifth Avenue could
be open.
We made less bad decisions here on this board than many places
in the country, and that's why -- that's why we're more healthy than
everyone.
Ninety-four people have died here out of 374,000. That
percentage rate is a quarter of a person per 1,000. A quarter of a
person in Collier County have died from COVID out of 1,000.
Do you know that in 2017, the normal -- this is CDC. I sent
everyone -- from the CDC, I sent it to you this morning -- 2017, two
people in 1,000 died of the influenza virus in Collier County here.
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That's eight times more people that have died from COVID, and
we're asking people to wear masks and shutting down businesses.
CHAIRMAN SAUNDERS: Mr. Oakes, I'm going to ask you
to --
MR. OAKES: I can't wait till two years. I'm running after
your position. We're going to take the communists out of here.
MR. MILLER: Your next speaker is Dan Stevens.
COMMISSIONER SOLIS: Can I ask Mr. Oakes a question?
MR. OAKES: No thanks.
CHAIRMAN SAUNDERS: I'd like to ask Mr. Oakes a
question.
MR. OAKES: Go ahead.
COMMISSIONER SOLIS: When you were here last time, I
asked you how many people you thought had to die --
MR. OAKES: Yeah, right.
COMMISSIONER SOLIS: -- for it to be significant. You said
125,000 people, and now we're there.
MR. OAKES: Well, we're not because it's fake --
CHAIRMAN SAUNDERS: Hang on a second.
MR. OAKES: No, it's false.
CHAIRMAN SAUNDERS: Wait a minute. I want our staff to
be away from --
MR. OAKES: Okay.
CHAIRMAN SAUNDERS: We do social distancing. She's
trying to clean the microphone, and you're --
MR. OAKES: Anyway.
CHAIRMAN SAUNDERS: -- standing next to her.
MR. OAKES: We know you're a communist. Your parents
did a good job taking you out -- coming out of Cuba, but you're
trying to put us back in there.
COMMISSIONER SOLIS: Will you ask him to please sit
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down?
CHAIRMAN SAUNDERS: All right.
MR. MILLER: Mr. Chairman.
CHAIRMAN SAUNDERS: Ladies and gentlemen -- all right.
Ladies and gentlemen, we're not going to have any outbursts in the
audience. We're going to exercise decorum. If you can't be patient
and polite, then I'm going to ask you to leave.
Mr. Bracci, we need you to stop yelling.
MR. BRACCI: Wait. I didn't yell. I didn't say a word.
CHAIRMAN SAUNDERS: All right.
MR. BRACCI: Commissioner Saunders, you need to correct
the record, because I didn't say a word.
CHAIRMAN SAUNDERS: Sorry about that. I thought you --
MR. BRACCI: I didn't yell at all. Did I yell? That is not
true.
CHAIRMAN SAUNDERS: You're yelling now. But I'm
sorry. You did not yell.
MR. BRACCI: I talk loudly. Look, Commissioners, I have
hearing aids. I speak loudly. Do you understand that? I didn't
yell. You correct the record, sir.
CHAIRMAN SAUNDERS: I just did. You did not yell.
For the audience, if we have yelling in the audience, I'm going to ask
the security to remove you from the audience. So, no yelling from
the audience.
Next speaker.
I'm sorry, Mr. Solis. You had -- anything else?
COMMISSIONER SOLIS: No.
MR. MILLER: Your next speaker is Dan Stevens. He will be
followed by Monica Morgan and then Yvonne Isecke.
Mr. Stevens, are you ready to go, sir?
MR. STEVENS: I am. Can you hear me?
July 14, 2020
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MR. MILLER: Yes. You have two minutes, sir.
MR. STEVENS: Thank you.
I'm a full-time resident of Naples for over 20 years. I moved
here from Ohio where my businesses were my full career. And I
have a good understanding of what it takes to successfully operate a
business.
One of the reasons I chose Naples was that it was a safe place.
It is no longer safe.
In his email to me, Commissioner Solis said, the world is
watching Naples and Collier County and how we proceed. I hope
we all agree with that.
I had COVID-19 in March. During my recuperation, I spoke
with several doctors, three of which said that wearing a mask does
protect the wearer as well as others near you. Some say you have
about a 40 percent less chance of acquiring the virus if you wear a
mask. We don't hear much about that, but we obviously should.
We must do all we can to stop this spread. The economy will
not recover until we do. We should have started earlier, but a
mandatory mask policy now with enforcement will help, but we must
be prepared to enact other restrictions with penalties. My health is
more important than business short-term profits, and I say that as a
businessman.
Your health and the people of Collier County's health is more
important than business short-term profits.
Your reelection is not more important than the safety and
security of the people of Collier County.
Thank you.
MR. MILLER: Mr. Chairman, your next speaker is Monica
Morgan. She'll be followed by Yvonne Isecke and then John
Melton.
Ms. Morgan, you have two minutes. Please begin.
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MS. MORGAN: Oh, I thought I had three minutes. That's
what they said.
MR. MILLER: The time has been adjusted to two minutes
today, ma'am. You have two minutes. Please.
MS. MORGAN: I won't be able to finish, but okay.
All health experts agree that simple behaviors as washing hands,
safe distancing, and wearing masks in public places could
significantly reduce the spread of infection but, unfortunately, local,
state, and federal officials aren't seriously following scientific
guidelines. This is precisely why masks must be mandated in
Collier County.
About a week ago a local news station featured a story about
how many people in the area wear masks in public places such as
groceries [sic]. They found that 51 percent did not wear masks.
Consequently, recommendations aren't working, which is why masks
should be mandated.
In the same broadcast, one of the Collier commissioners was
asked if she thought masks should be required. She answered
something to the effect that people should have the freedom to wear
one or not. A person's freedom should end when the action they
choose infringes on the health of another. Hence, the passing of
smoke-free environmental -- environment legislation.
While researching sources offering local guidance, I came
across a website which featured an article: Collier commissioners
declare a state of emergency. This seemed to be the last posting date
of March 16, 2020. There were approximately five cases diagnosed
at that time.
Attorney Jeffrey Klatzkow was quoted as saying, this gives
emergency powers to do whatever we need to do for public health
and safety, and it's going to be consistent with what the feds and state
guidance is going to be.
July 14, 2020
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My gosh. I sure hope that is not the current sentiment of the
commissioners. We've seen how irresponsible guidance at the
federal and state levels has been. We know the President has
certainly not led in fighting this virus and doesn't allow his experts to
speak with total transparency. The Florida governor has taken this
state -- has led this state following Trump's playbook. It's no
coincidence that the states whose governors most align themselves
with Trump are experiencing the largest spike in infection, namely
Florida, Texas, and Arizona.
CHAIRMAN SAUNDERS: I'm sorry. Ms. Morgan, your
time is up.
MR. MILLER: Thank you, Mr. Chairman. We will move on.
Your next speaker is Yvonne Isecke in our Risk Management
building, followed by John Melton in our HR building, and then they
will be followed by Steven Bracci here in the boardroom.
Ms. Isecke, I hope I'm saying that right. Are you there, ma'am?
MS. ISECKE: Yes, yes. Thank you.
I'm a realtor, property manager, and mother of three school-aged
children here in Collier County for the last 17 years, and I'm against
any type of forced mask mandate. We've just recently in our
industry seen an uptick in the real estate market, in tourism. All of
our luxury rentals are booked solid, and I think that's just going to
squash any kind of progress we're making and income that these
businesses are earning.
All the customers that I'm hearing from, my colleagues are
hearing from, they're fleeing all these oppressive mask ordinances in
other states, coming here for sunshine, fresh air, and the freedom that
our area's been known for.
And I disagree with Mr. Solis that people are going to come here
to so-called epicenter if they're believing all this news and the hype
because a flimsy mask is being worn. They're coming here because
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they're coming here for freedom. They're coming here to get away
from all of that stuff.
You know, I don't think personally that they're healthy to wear.
I think it's going to create a lot of respiratory issues. I don't want my
children wearing them. My children don't want to go to school if
they're mandated. They'd rather be homeschooled. And I think this
is just a big government overreach, and I'm totally against it.
Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is John Melton. He will be
followed by Steven Bracci, who will then be followed by Andrea
Halman.
MR. MELTON: Good afternoon, Commissioners. I hope
everyone's doing well. My name's John Melton. I'm a general
contractor here in Naples, Florida. Lived here for 20 years. I serve
on the Board of County Commissioners, Appeals and Appeals Board,
so I try to serve my community when I can best.
I've heard a lot of different things today about -- and very
passionate things said on both sides of this issue. But I'd like to
bring one thing just to start out. Masks, I feel, don't work, and I'll
tell you why. Here's a picture I'd like to enter as an exhibit. This is
a picture of a virology lab, okay, and I believe this one was actually
in China. I pulled it off the Internet. They're readily available.
As you can see from this picture, these people -- the doctors and
the research people are doing this. They're wearing full contained
stealth breathing apparatuses that do not allow them to interact with
any type of an open scenario.
And what we're seeing right now is based on a small piece of
cloth or a, let's say, just -- I've seen people wearing welding masks.
I've seen people wearing handkerchiefs, that they don't work.
If you look back at the comments that were made by the woman
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from the Department of Health earlier today, you asked her a direct
question and you said, what is the data that you have that the masks
work? She stumbled around and talked in different -- different
anecdotal things, but there was no actual data. There is zero data
that these work.
Now, I could tell you one thing, and in a situation of surgical for
a doctor to wear a mask in a low-humidity environment in a
contained environment for a couple hours is what these things have
been designed to use, but they're not supposed to be worn for days on
end, hours on end. And if you as the commissioners and the people
in this country believe that you can create an ordinance to keep germs
from spreading, then you're mistaken.
CHAIRMAN SAUNDERS: Mr. Milton, if you'll wrap up.
Your time is up. If you would wrap up your comments.
MR. MELTON: I thought I had two minutes.
COMMISSIONER McDANIEL: You did.
MR. MELTON: Okay. Thank you, Commissioners. Have a
good day.
MR. MILLER: Thank you.
Next up we will go here in the room to Mr. Steven Bracci.
After Mr. Bracci will go Andrea Halman and then Adrienne Martin.
Mr. Bracci, you have two minutes.
MR. BRACCI: The Florida Constitution is very broad.
Article 1, Section 23, states that every natural person has the right to
be let alone and free from government intrusion into the person's
private life.
The United States Constitution -- I guess I'm one of those pesky
people that are going to deal with that thing called the Constitution
that keeps bogging us down, Commissioner Solis.
The United States Constitution says that the protection of a
person's general right to privacy, his right to be let alone by other
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people is like the -- is like the protection of his property, left largely
to the law of the individual states.
It then goes on to say, the citizens of Florida opted for more
protection from government intrusion when they approved Article 1,
Section 23. It's broader than the United States Constitution,
Commissioner Solis. It says that this amendment is an independent
free-standing constitutional provision which declares the fundament
right to privacy. I'm reading from, by the way, the Florida Supreme
Court in 1985 in the Winfield case, which is five years after the 1980
amendment to the Constitution that I just read you.
It goes to say, it is important for us to identify an explicit
standard to be applied in order to give proper force and effect to the
amendment.
The right of privacy is a fundamental right which we believe
demands the compelling state interest standard; that this test shifts the
burden to the state -- that's you, Commissioner Solis -- to justify an
intrusion on privacy. The burden can be met by demonstrating that
the challenged regulation serves a compelling state interest and
accomplishes its goal through the use of the least intrusive means.
You have failed to show that. You have not shown that putting
a mask on the 80 percent of the people that don't have COVID makes
any sense in the context of protecting, really, a small class of people
who are at risk when everyone else has about a .05 percent risk.
Good luck with that one. We'll see you in court.
MR. MILLER: Your next speaker is Andrea Halman, and she
will be followed by Adrienne Martin and followed by Jim Boatman.
Ms. Halman, are you with us?
MS. HALMAN: Yes.
MR. MILLER: You have two minutes, ma'am.
MS. HALMAN: My name is Andrea Halman.
I don't know how we let this get into political. I think we all
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want to be healthy, and I think we all need to look at the science and
not politics. Politics shouldn't be running what our doctors are
telling us we need to do.
There's no way in the world that we would go to a doctor, hear
him tell us to take a certain medication, and leave his office and not
do it. We have the medical profession telling us what we need to do.
We need to follow what they're suggesting. We're never going to get
rid of this -- this pandemic if we don't follow what we're being told
we need to do.
Thank you.
MR. MILLER: Your next speaker is Adrienne Martin. She
will be followed by Jim Boatman, and he will be followed by Joel
Pittelman.
Ms. Martin, are you with us?
(No response.)
MR. MILLER: Adrienne Martin, are you with us?
(No response.)
MR. MILLER: All right. Mr. Boatman, are you here in the
room?
MS. MARTIN: Yes, I am here. Can you hear me?
MR. MILLER: Oh, thank you, Ms. Martin. You have two
minutes. Please begin.
MS. MARTIN: Thank you. Good afternoon, Commissioners.
I'm a concerned citizen who lives and works in Immokalee and
Naples, and I am urging the commissioners to enact an ordinance that
would require the use of face masks in public places.
John Hopkins [sic] recently reported that our state of Florida has
now more cases of COVID-19 than most countries in the world. We
went from roughly 800 cases a day during the peak of lockdown to a
record high of over 15,000 cases in a single day on July 12th. The
rest of the country and the world is looking at us right now with a
July 14, 2020
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mixture of pity and horror.
Our citizens are at risk, our health is at risk, and we need to take
steps to protect all of us. A small inconvenience is worth saving the
lives of others in our community. Even just one person dying
knowing that we could have done something to prevent it is one too
many deaths.
I urge the commissioners to listen to science and the comments
regarding masks made by our own health officials and put the safety
and health of our citizens first.
Thank you.
MR. MILLER: Commissioners, your next speaker is here in
the room, Mr. Jim Boatman. Mr. Boatman will be followed by Joel
Pittelman and Patricia Pollok.
COMMISSIONER SOLIS: Mr. Chair, could I just
ask -- Mr. Dalby is here from the Chamber, and I know that he has a
3:00 commitment. Could we have him speak --
CHAIRMAN SAUNDERS: All right. Let's just finish this.
COMMISSIONER SOLIS: -- before he needs to leave?
CHAIRMAN SAUNDERS: Let's go with Mr. Boatman, then
Mr. Dalby.
MR. BOATMAN: Good afternoon. My name is Jim
Boatman. I'm a local attorney and resident of Collier County, and
I'm appearing before you on behalf of Citizens Awake Now, an
organization intent on improving true situational awareness among
people in our community so that they can make good decisions come
election time and so they can effectively engage their local
government.
It was very interesting. I had a whole presentation, two
minutes, on how you cannot prove, based upon the data that's
available, that masks work, but then Mr. Solis made my job easier by
essentially making this an economic issue.
July 14, 2020
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I sat back in relief, but then I was confounded by the fact that he,
then, saw to support the capacity of this board to undertake the mask
limitation on the basis of a constitutional argument. But then when I
listened to his constitutional argument, it had nothing to do with
economics. It had to do with the health, safety, and welfare of the
citizens. So there has to be a nexus between whatever you do that
might or might not be unconstitutional and an actual health issue.
That's where Mr. Solis is failing.
And each one of the individuals who get on the phone and want
to sing us a song about how healthy it is to wear masks and how they
actually work, they haven't looked at the data. The data that's
principally being relied upon is out of the American Journal of
Sciences. And as much as they wanted these scientists to be able to
say that masks help, they couldn't say it.
Here's the best they could do. Although no randomized control
studies on the use of masks is a source for control of COVID 2 has
been published -- there's plenty of other respiratory ones that have
which show that they don't work -- a number of studies have
attempted to indirectly estimate the efficacy of the results -- of masks.
Overall, an evidence review finds, quote, moderate certainty shows
that use of hand washing plus masks probably reduces the spread of
respiratory viruses. Hand washing plus masks, probably.
CHAIRMAN SAUNDERS: I need you to wrap up.
MR. BOATMAN: Thank you.
There is no economic certainty. And the bottom line is, this is a
bad move for our community. Thank you very much.
CHAIRMAN SAUNDERS: Mr. Boatman --
MR. MILLER: Mr. Chairman, we're going to pause for the
podium to be cleaned, and then we'll go to Mr. Dalby. After
Mr. Dalby, we'll go online to Joel Piddelman, and then Patricia
Pollok.
July 14, 2020
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And once again, I'd like to remind our speakers -- I know you
have a lot of information you want to get in, but our court reporter is
trying to take down everything you're saying word for word. So,
please, try to be a little bit slower. Thank you.
Mr. Dalby, two minutes.
MR. DALBY: So, Michael Dalby. I'm the President and CEO
of the Greater Naples Chamber of Commerce. We represent over
1,200 employers and well over 40,000 employees.
During these past few months, we've spoken one on one with
over 500 businesses and asked them specifically, what are their
concerns. Their concerns are, they want to stay open. They want
the economy to not get shut down again.
While the Chamber board has not taken an actual position on
whether Collier should institute a mask requirement, we continue to
encourage the county lawmakers to prioritize health, safety, and
welfare of our residents, visitors, and our community.
So, we encourage you to heed the advice of healthcare experts
which recommend face coverings and social distancing. The
objective, your mission, should prioritize health and safety and
welfare. That comes first, and masks help us protect ourselves and
others.
As a business organization, we want to stay open and encourage
our economy to stay open. We want to project, as a county, that we
are prioritizing health and safety which, in turn, gives consumers and
perspective tourists, visitors, and guests a confidence and helps them
make the choice to come here as opposed to someplace else.
Most businesses have already made mask requirements and put
those in place, certainly for staff. And being able to point to a sign
and say "it's a county ordinance" would make it easier for us all to be
able to understand what we need to do.
We did speak with our colleagues in Sanibel Island who have a
July 14, 2020
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mask ordinance. Their statement is that it's been a big positive, and
their visitor information phone line has had an uptick in calls because
people want to go to the safe place.
It is not a negative. It's just something that we need to do to
help everyone stay safe. As a chamber, we'll help get out the word,
we'll help businesses have proper signage, and we'll help the
businesses comply.
Please help us tell the world that we're safe and healthy.
CHAIRMAN SAUNDERS: Mr. Dalby, your time is up, but I
do want to ask you a question, because I think you started off by
saying your board has not taken a position as to whether or not there
should be a mandatory mask thing, and then it sort of sounded like
you personally may be suggesting it.
MR. DALBY: We didn't have the time -- sorry. We didn't
have the time to be able to get everything together to do that, so we
did it on a shorter basis. We took it from our executive committee,
and they said yes. This statement was approved by them.
CHAIRMAN SAUNDERS: All right. The statement, then, is
that a mask ordinance would be helpful?
MR. DALBY: We're okay with that, absolutely. We're okay
with it.
CHAIRMAN SAUNDERS: Businesses --
MR. DALBY: It's not going to be a negative to business. It's
not going to hurt us in any way. We'll take care of it from there.
CHAIRMAN SAUNDERS: All right.
MR. DALBY: Okay.
CHAIRMAN SAUNDERS: Commissioner Taylor, did you --
COMMISSIONER TAYLOR: Yes, just one quick question,
sir, because I know you have to leave. You're aware, of course, that
we did pass a resolution strongly encouraging mask wearing?
MR. DALBY: Sure.
July 14, 2020
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COMMISSIONER TAYLOR: Okay. So, you are -- your
executive committee wants a mandatory mask ordinance?
MR. DALBY: So we all know that just saying, hey, everybody
should be wearing masks, there's a lot of people who go, I'm not
going to follow that, and that leads to having more and more cases
out there which leads to then getting shut back down again. Number
one, health and safety of our citizens. Number two, keep our
economy open.
COMMISSIONER TAYLOR: So --
MR. DALBY: So, if you can't keep the economy open because
you have so many cases, maybe it would be best to take an action that
would, perhaps, decrease the number of cases.
COMMISSIONER TAYLOR: So, I'll repeat my question.
Your executive committee of the Chamber of Commerce would like
a -- like us to pass a mandatory mask ordinance?
MR. DALBY: You're not hearing me, and I'll repeat my
statement again.
(Simultaneous crosstalk.)
MR. DALBY: So, I said that we don't have a problem. So,
ask -- the question is, do we have a problem if you pass a mask
ordinance? No, we do not.
COMMISSIONER TAYLOR: Okay.
MR. DALBY: We will follow, and we'll do what needs to be
done, because we feel like that is the best way to get towards health,
not towards just --
COMMISSIONER TAYLOR: Okay.
MR. DALBY: -- do whatever.
COMMISSIONER TAYLOR: So, there's no motion or no
request by the Chamber of --
MR. DALBY: Do you think I'm opposing this or positive
towards it?
July 14, 2020
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CHAIRMAN SAUNDERS: I think you've been -- I think
you've been pretty clear.
MR. DALBY: I think I've been clear.
CHAIRMAN SAUNDERS: There's -- they've not taken
official action asking us to pass an ordinance, but they will enforce it,
and their members will --
MR. DALBY: Accept it, be a part of it, absolutely.
CHAIRMAN SAUNDERS: Go to the next speaker.
MR. MILLER: Yes. Your next speaker is remote. It is Joel
Piddelman. He will be followed by Paticia Pollok, and then here in
the room, Patrick Dearborn.
Mr. Piddelman, are you there, sir? I'm going to give him just a
second. Mr. Piddelman, are you with us?
MR. PIDDELMAN: I am. Thank you, Mr. Chairman.
MR. MILLER: You have two minutes.
MR. PIDDELMAN: My name is Joel Piddelman. I urge you
to protect the community's health and safety by mandating the use of
masks.
There's been a great deal said about statistics and about using
common sense on this issue. I agree, common sense easily resolves
the matter. There's no dispute COVID-19 has spread through
airborne particles. Can anyone dispute that the spread of the disease
here in Collier County is really occurring?
A new record, 266 new cases just yesterday. Those facts are
uncontested, yet I hear demands for evidence that a mask will help.
There's a single statistic that should make this decision simple.
Australia, a country of 23.2 million people, people who fiercely
defend their individual liberty, a bunch of Crocodile Dundees at the
outset of the COVID virus imposed strong medical science-based
restrictions on their entire population. It was mandatory and
extensive.
July 14, 2020
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As a result, from the inception of the pandemic to today,
Australia has suffered 107 deaths from COVID-19. Compare that to
Collier County. At 93 deaths, we're nearly caught up to the entire
country of Australia. Isn't it clear that Australia's medical-based
approach has shown more than speculative benefits?
The basic function of government creates a natural tension
between individual rights and community needs. It is a continuing
condition. It will always be part of government. There will always
be a tug of war between individual freedom and community needs.
When those who insist the government not mask off their noses
and mouths in defense of their personal freedom, are they defending
the community's health? No. It's not their responsibility. They are
on the end of the tug-of-war rope that protects individual rights.
When elected, you agreed to accept the responsibility to protect the
community. It is our elected representatives who pick up the other
end of the rope --
CHAIRMAN SAUNDERS: Mr. Piddelman, your time is up.
Next speaker.
MR. MILLER: Thank you, Mr. Piddelman.
Your next speaker is Patricia Pollok. She will be followed by,
here in the room, Patrick Dearborn, and then Chadwin Taylor in one
of our overflow rooms.
Ms. Pollok, are you with us?
MS. POLLOK: Yes.
MR. MILLER: Ms. Pollok, you have two minutes. Please
begin.
MS. POLLOK: Okay. I am here to speak strongly in favor of
mandatory masking. Not do us a big favor and wear a mask, but
mandatory masking.
I was particularly stunned at the fellow who came up and waved
the Constitution to prove that that gives him a right to not wear a
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mask. That is a total misunderstanding of the Constitution in my
view, but that's -- that's something else.
In any case, I think for every freedom that the Constitution gives
us, there is an obligation that comes with it to behave responsibly for
the greater good. The greater good.
So, to me, that indicates that we should be asking people to do
something that the medical profession has indicated is, in fact, very
significant in stopping the spread of this virus, and that is to wear a
mask. And I think it's up to the county to put some sort of rule in
effect to make this mandated that in a public place you wear a mask.
Not only to protect yourself, but to protect the other people that you
are involved with.
And I agree with Commissioner Solis that this will send a
message that Florida's tourism is taking this virus seriously, and that
if you come here to Collier County, you can -- you will be safe
because you will not be throwing yourself into a petri dish of people
with the virus.
So, I am hoping that what comes out of this is not just a
suggestion but a mandatory obligation that people must wear masks
until we get this thing under control, and that could be in a month or
six months or whatever. But it certainly isn't under control now, and
so people should be wearing masks.
Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is here in the room is Patrick
Dearborn. Mr. Dearborn will be followed by Chadwin Taylor and
then Charles Colucci.
Mr. Dearborn, you have two minutes, sir.
MR. DEARBORN: Thank you.
First, a quick thank you to Collier County Sheriffs. You guys
have been all over our county keeping us safe, man. And I'm
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praying that we don't ask you guys to enforce something as crazy as a
local government mandated mask. But thank you guys for keeping
us safe in this county.
Commissioner Solis, so I know you were referencing
earlier -- you stated some pretty interesting things, and I appreciate
all of you guys as commissioners. But you were mentioning hotels
and businesses were way down in March and April into early May.
Well, really? That's because things were locked down, and then we
started opening back up, and business started to really pick up.
During our forced lockdown, all the businesses suffered. We've
lost close to 100 local businesses that I'm aware of, and the list is still
growing. Businesses have locked their doors and are not going to
open back up.
And now I heard you say that hotels and businesses are telling
you that they're starting to slow down. Yeah, it's summer in Naples.
Go look back at a 15-, 20-, 30-, 40-year history of our county.
Things start to slow down middle of July, end of August, into
September, into October.
Okay. I'm going to keep it on an economic tick, because being
a relator here in Collier County, I've got a news flash for everybody,
and I know you all have heard this. And for those listening abroad,
we have had so many great families moving here to Collier County
because they're leaving lockdown counties, they're leaving uber
aggressive liberal mandated mask states to come to Florida.
We are seeing a record -- you can quote me on this. According
to NABOR, record May, June, July almost in the history of Naples
real estate. Why? Because these families are coming from other
areas, and they're getting out of those areas to come here. If we start
mandating masks, beach lockdowns from 11:00 to 5:00 -- that was
ingenious -- and all kinds of other draconian things, we're going to
lose those people, and we're going to be just as bad as they are, and
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it's going to get worse.
CHAIRMAN SAUNDERS: Mr. Dearborn.
MR. DEARBORN: Thank you for your time.
MR. MILLER: Mr. Chairman, your next speaker is Chadwin
Taylor. He will be followed by Charles Colucci and then, here in the
room, Kristina Heuser.
Mr. Taylor, are you with us, sir?
MR. TAYLOR: Yes.
MR. MILLER: You have two minutes, sir.
MR. TAYLOR: Okay. Board of County Commissioners,
thank you for the opportunity to speak today.
First, I'd like to point out that over the last three commissioner
meetings not one commissioner wore a mask while sitting down.
Ironically, today we see masks on.
At the Tourist Development Council meeting last week
Commissioner Solis clearly stated that masks should not be a political
issue, but his actions say something else today.
As a former marine I've taken an oath to protect this nation from
enemies, foreign and domestic. Any threat to freedom is an enemy
to a free country. The freedom to choose the food we eat, what
doctor to trust, when it's safe to leave our home, or when we can
breathe unobstructed air is a right of every free citizen in this nation.
The idea of mandating masks infringes on our liberty to choose how
to manage our own health. We live in a day and age when groceries,
clothes, technology, and medicine can either be delivered to your
door or picked up in a drive-through.
Citizens who don't feel as safe being in public likely won't travel
and have the freedom to stay home. Citizens who aren't afraid of
getting COVID-19 should have the right to live their life without
government intervention.
If a mask ordinance is put into place, how long will you hold
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this power? What rights will you take away in the name of safety?
What -- at what point does our government give we, the people, the
right to choose our own fate? Be the leaders our community and our
state needs. Prove to our nation that despite COVID-19, freedom
and health can coexist.
Thank you for your time today.
MR. MILLER: Your next speaker is Charles Colucci. He will
be followed by Kristina Heuser, and then followed by Tara Crete.
Mr. Colucci, are you with us, sir?
MR. COLUCCI: Yes, I am.
CHAIRMAN SAUNDERS: Troy, when we finish with -- I
think you said Charles Colucci is next?
MR. MILLER: Yes, sir.
CHAIRMAN SAUNDERS: And then Kristina Heuser.
MR. MILLER: Here in the room, yes.
CHAIRMAN SAUNDERS: When Kristina Heuser is
completed, we're going to take a break.
MR. MILLER: Yes, sir.
Mr. Colucci, you have two minutes, sir. Please begin.
MR. COLUCCI: Hi. My name is Charles Colucci. I live in
the Sterling Oaks community, which I believe is in District 2.
I'm here to ask you to enact the must wear mask ordinance for any
indoor activity in a public place. I hope that you can depoliticize
this issue.
The reason for this request is pretty obvious by the numbers, and
wearing a mask reduces the risk of spreading the disease, assuming
that you believe the experts and your own Health Department.
The only argument that I have heard against doing this centers
around it being a violation of somebody's rights. This is nonsense.
I'm a graduate of Cornell University in Ithaca, New York, with a
degree in government and a master's degree from Northwestern. I
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believe that I know what I'm talking about when I tell you that there
is nothing in the Constitution or Bill of Rights that prohibits you from
enacting such an ordinance.
I would view your failure to act now as an abdication of your
responsibility and a slap in the face for those of us who want to do
everything possible to keep one another safe. I think all you have to
do is ask yourself two questions. First question is: What is the
downside? And, frankly, I don't -- I'm answering for you. There is
no downside. The second question you need to ask yourself is: Am I
doing everything possible to control the virus?
Thank you. I'm done.
MR. MILLER: Mr. Chairman, your next speaker here in the
room is Kristina Heuser, and then we will take a break and come
back for more speakers after that.
Ms. Heuser, you have two minutes. I hope I'm saying it right.
MS. HEUSER: Heuser.
MR. MILLER: Heuser.
MS. HEUSER: I'm Kristina Heuser, and there are so many
important points to be made on this issue, but to retort what the last
caller just said, I'll just briefly state my own resume so that you know
that I also know what I'm talking about. I have a degree in
government from Georgetown University and a juris doctor, and I'm
an attorney in the state of New York. I moved to Florida a year ago,
and I will be seeking admission to the bar here, and I focus my
practice in the area of constitutional law and civil rights litigation.
And I really have to disagree with the previous caller as well as
with Commissioner Solis. And I didn't intend to stand up here as an
attorney but rather just as a private citizen, but you cited a case from
1905 when there was a smallpox epidemic which is vastly different
than from a virus that has a death rate of less than 1 percent, and then
two cases that you, yourself, stated were decisions on preliminary
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injunctions which, as I'm sure you know, don't reach the ultimate
merits of a case.
Earlier today I was standing in the back of the room during a
break having a conversation and then when the meeting resumed was
publicly chastised by Commissioner Saunders for having a
conversation, and I think this is just indicative of the problem here.
For some reason, some of you think that it's okay for you to dictate to
individual educated adults what they can do, how far they have to
stand from one another, when they engage in conversation, if they
need to cover their face.
I am an educated person. I'm also a parent, and I alone will
make the decisions about my own health and the health of my
children.
I thank you, Commissioner Taylor, for the recording that you
played earlier, because it's really illustrative of a real problem. I will
be one of those people that will refuse to comply with the mandate.
And it's not because I'm not a law-abiding person. I've never been
convicted of any crime, but are you going to direct your sheriff to
arrest me, a single mother, sole provider for two people, because I
don't want to do something that I believe is detrimental to my own
health?
CHAIRMAN SAUNDERS: Your time is up.
I will say, though -- and this is not directed to you. Just a
comment. I was not chastising anybody for having a conversation.
There was yelling going on, and I was trying to keep people from
yelling. I'm not talking to you, Ms. Heuser. I'm just indicating that
I was trying to maintain decorum.
MS. HEUSER: May I respond?
CHAIRMAN SAUNDERS: No. It's not a question.
All right. Why don't we come back at 2:50. I'm going to ask the
speakers that are still lined up, if you can hear me, when we come
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back -- we probably have about 100 speakers still to go?
MR. MILLER: I would imagine so, sir, yes.
CHAIRMAN SAUNDERS: I'm going to ask you not to be
repetitive. I think we've heard a lot of the different arguments. I'm
going to ask you to just indicate whether you support a mask
ordinance or if you don't. That would be appreciated so we can
move this along. We'll be in recess until 2:50.
(A brief recess was had from 2:37 p.m. to 2:50 p.m.)
CHAIRMAN SAUNDERS: We have a quorum. If you'll
please take your seats.
Troy, let's go ahead and start with the speakers. And let me,
again, say to the speakers that can hear me, if you -- it would be
appreciated if you are supportive of wearing a mask in public and
requiring that an ordinance saying so. If you're opposed to it, saying
so. And if we can move this along quickly, that would be
appreciated.
MR. MILLER: Okay. Mr. Chairman, your next speaker is
Tara Crete. She will be followed by Dan High and then, here in the
room, Representative Byron Donalds.
Ms. Crete, are you with us, ma'am? Tara Crete. I hope I'm
saying that right.
MS. CRETE: Thank you, Commissioners.
A government mandate is a fascist type of regulation that many
residents and tourists of Collier County do not want to have forced
upon them.
Where's the scientific proof that wearing a mouth and face
covering helps to mitigate the spread of COVID? We've been
wearing masks since March, so why is it that we are ostensibly
getting worse instead of better? Why aren't we being told how many
people have recovered from COVID thus far?
The latest stat we heard from Florida is .2 per every thousand
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people die of or with COVID. That's another whole topic for
discussion. The average daily death rate for the U.S. before
coronavirus was about 7,500 people per day. Yet, for .2 per
thousand people you want us to wear a muzzle over our faces and our
mouths?
I don't live my life in fear. I never have and I'm not going to
start now. There are far greater risks we could be subjecting
ourselves to that require taking precautions, but we aren't doing this
because we aren't being feared into it by the media.
If not for the massive media coverage, would we even know
about this virus? The media is complicit in scaring the population
into believing that standing next to someone and breathing is going to
cause imminent harm if not death to your neighbor. This is
preposterous, and we aren't going to stand for it as free American
people.
The unwarranted fear that this has been perpetuated on by the
American people by the media is shameful if not criminal. Don't
make things worse with this unpatriotic and unscientific mandate.
The government should not impose its own risk evaluation into the
lives of the population. Allow us to assess the risk of our own
choices like we've been doing our whole lives. Most people here
have gotten along pretty well without unconstitutional government
intervention. Let's keep it that way.
Thank you.
MR. MILLER: Your next speaker is Dan High. He will be
followed by Representative Byron Donalds and then William
Norgard.
Mr. High, are you with us, sir?
MR. HIGH: Yes, I am.
MR. MILLER: You have two minutes, sir. Please begin.
MR. HIGH: Thank you for having me.
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I oppose a mandatory mask ordinance. The reason we are here
today is on thin footing, not because of a true majority consensus.
An emergency Tourism Development Council meeting was called,
and Marco Island's TDC representative, Victor Rios, could not attend
based on the short notice.
Based on his recent COVID-19 comments about government
overreach, I believe he would have voted no on this issue, which
would have been a tie and, therefore, no vote to send this back to the
county Board of County Commissioners, and we wouldn't be here.
We would not be here. However, we're here now because of
political maneuvering.
I don't watch the 24-hour news cycle. I do monitor Department
of Health and CDC dashboards. I do look up hospital capacity
information. Since late April, when you correctly chose not to
mandate masks, over 2.2 million Floridians have been tested, and the
positivity rate has gone up only 1.8 percent, and the lethality has
plummeted.
Of course, hospitals have -- of course, hospitals have more
patients because elective procedures started back up.
What I see in the community is the community is self-adhering
to recommendations for the most part. People are respecting
people's personal space now more than ever. It's proven you get the
virus from prolonged close personal interaction, not passing someone
in a parking lot.
I believe -- believe in your community, do the right things, do
not enact a blanket governmental order regardless of other situational
factors.
Thank you.
MR. MILLER: Your next speaker is Representative Byron
Donalds, and he will be followed by -- I lost my place -- by William
Norgard, and after Mr. Norgard, it will be Carl Yacobacci.
July 14, 2020
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COMMISSIONER McDANIEL: Mr. Chair, let the record
reflect that Representative Donalds did follow the arrows.
COMMISSIONER TAYLOR: He did.
REPRESENTATIVE DONALDS: Listen --
CHAIRMAN SAUNDERS: Does that mean that he would
follow a mask ordinance since he is following that other regulation?
REPRESENTATIVE DONALDS: You will get my answer
soon, Commissioner Saunders.
Representative Byron Donalds, Florida House of
Representatives, House District 80. Good seeing you guys again.
This seems to be like a regular occurrence between us.
Obviously, the issue is the matter at hand with a potential mask
ordinance. I've had this conversation with the City Council in Cape
Coral, the City Council in Fort Myers over the last week.
It is clear by Florida Statutes, in my opinion, that the legislature
has never delineated the power to issue a mask ordinance to any city
council or any commission in the state of Florida.
Actually, if we're going to be clear, in my interpretations, mask
ordinances are actually silent with respect to what the legislature has
authorized.
I will further add that I know that there are some in the media
who wish for the Governor to issue an order. It's not clear that the
Governor has such authority under emergency powers under Florida
Statute.
This is a very interesting time. I understand that many people
are scared, and they are concerned. And in some respects they have
a right to be, especially if you have other comorbidities that the
coronavirus does take advantage of your body.
But from my reading of Florida statutes and my understanding
in the legislature, we've never issued such an order. We've never
given local governments such authority. We've also never
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preempted such authority, let that be clear, but Article 1, Section 23
of the Florida Constitution does stand very loudly in this question.
I think that, you know, if the county wanted to do something that
was actually really effective, obviously strong matters of education
would be important for all businesses and for all people.
I think following CDC guidelines is critical, especially for those
who have those comorbidities. But the other thing that you've going
to do if you issue such an order, is you're going to put
extensive -- you're going to put extensive burdens on your police
force and on your sheriffs.
How are you going to have them enforce such a mandate? Who
are they going to decide to enforce it on and who are they not going
to enforce it on?
There are major issues with such an order. I would really
compel you not to go down this track. If you feel the need to make
sure that the public has additional masks and you want to educate the
public, I think that is the proper scope for county powers.
Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: All right. Mr. Chairman, we've had some
people drop. Let me reset my order here. Your next speaker is
going to be Daniella Dye, then followed by Carl Yacobacci, and after
Mr. Yacobacci, we will have here in the room Stacy Gary.
Daniella Dye, Ms. Dye, are you with us?
(No response.)
MR. MILLER: Ms. Dye?
(No response.)
MR. MILLER: Let's move along to the HR room. Carl
Yacobacci. Mr. Yacobacci, are you with us?
(No response.)
MR. MILLER: He may need a second to get to the iPad. Mr.
July 14, 2020
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Yacobacci, are you with us?
MR. YACOBACCI: Yes.
MR. MILLER: Please begin, sir.
MR. YACOBACCI: Good afternoon.
And one question I did want to ask, as I saw the Board sitting
here, is if we believed all the CDC rules about social distancing, why
would some people need to wear a mask for safety? That's a
question.
And I tell you, I understand the dilemma we're facing due to the
Chinese Wuhan virus situation we're in. Although this can be
blamed on only one source, China, we as Americans cannot have an
overreaction to fear that may not be warranted. We are bombarded
with a mass quantity of raw data that we are trying to sift through to
determine real facts. With all this information, misinformation,
skewed facts, and outright lies, it leads us to make irrational,
emotional decisions.
Mainstream media, fear mongers, and other organizations who
want to cripple America are trying to turn citizens against each other
with some of the misuse of information.
I am not saying we do not have a pandemic here, but the decisions
being made are necessarily not the correct ones for the virus but are
politically motivated to help spread fear and gain more control over
us, the citizens.
Please don't look at just the number of cases but the cases per
capita, the number of tests that were given, number of deaths per
million, what demographic is affected, and protect that demographic.
Shutting down our county and installing arbitrary laws is not the way
to fight this. All over the world, schools are opening, economies are
opening, all without this mandate, and they're doing well.
So, I do not agree with this face mask mandate for some of the
following reasons. Anything but the N95 is just giving people a
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false sense of security. None of the homemade masks that have been
tested protect people. So, what's the point? It just does not do the
job. It will start to turn neighbor against neighbor based only on
emotion determined by media -- determined by the media, and it will
differ dramatically from one person to another to find out who is
being safe enough. We've seen --
CHAIRMAN SAUNDERS: Carl, your time is up.
MR. YACOBACCI: Okay. Thank you.
MR. MILLER: Mr. Chairman, I'm going to go back and pick
up someone we had some difficulties with. Mr. William Norgard
will be next, then followed by Daniella Dye and then Stacy Gary here
in the room.
Mr. Norgard, are you back with us? Mr. Norgard?
(No response.)
MR. MILLER: Oh, he dropped again. Daniella Dye, are you
with us? Daniella Dye? Ms. Dye?
(No response.)
MR. MILLER: Stacy Gary, come on down. Ms. Gary -- oh,
it's Mr. Gary. I'm sorry, sir. Forgive me. Two minutes, please.
MR. GARY: Thank you.
So, I'm greatly appreciative of your position to make a really
difficult call here. I wear a mask if it makes people feel comfortable.
I greatly respect that.
There's been a lot of conversation, I think, around the science
and the evidence and the constitutional elements, medical -- medical
data. I think there's a lot of confusion and conflicting information
out there.
So, I'll share some of those things that suggest that maybe
wearing a mask isn't actually that helpful. Actually, it could be even
harmful, and that is from the World Health Organization. If you go
to their website, there's an article you can read, and basically it
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suggests -- I'll quote from their article. It says at present there's no
direct evidence from studies on COVID-19 and in healthy people in
the community on the effectiveness of universal masking of healthy
people in the community to prevent infection with respiratory viruses,
including COVID-19. And they go on to state that actually there
has -- regular mask wearing has significant negative health risks for
mask wearers.
This last few weeks, I've had a couple of medical appointments
with just, you know, annual exams and things like that with three
different doctors, and one office, some of their staff were wearing
masks, but they said more to make people feel comfortable. The
other doctors said, we don't think the masks really do anything. In
fact, the science suggests that the masks don't help. So, they -- one
doctor actually said he actually recommends people don't wear
masks.
I think as far as the idea that Florida is increasing in cases and,
therefore, we need to wear masks -- I'm from California, recently
moved to Florida. And California, as everybody knows, has been,
like, seriously locked down, and they're seeing a rise in cases. It's
difficult to make this correlation that wearing a mask is going to
prevent the rise in cases, because we see places where it's actually not
working. I would think that would beg the question on is it about the
masks, and I would suggest there's other stuff at play.
Thanks for your time.
MR. MILLER: Mr. Chair, let's see if we can do better here.
Your next speaker is Yvonne Rybak. She will be followed by
Kyle Fussganger and then, here in the room, Michelle McCormick.
So, do we have Ms. Yvonne Ryback? Are you with us?
UNIDENTIFIED SPEAKER: She's right here.
MS. RYBACK: Hello. My name's Yvonne Ryback, and I'm
here to voice my opinion on mask mandate, to vote against.
July 14, 2020
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I believe that wearing masks should be optional because wearing
it can cause a lot of problems in healthy -- to healthy people. It is
not healthy to breathe back in your own bacteria or Co2 and, plus, it
reduces intake of oxygen that our body needs. Statistically, if you
compare places that mandates masks to places that they don't, you
can't find any significant difference in the spread of the virus,
hospitalization, or death.
Also, I think this is very important when we interact with people
to see who they are, read their facial expression, to know who they
are, if they're laughing or if they're crying.
Wearing a mask causes emotional distance as well physical and,
also, when I am with my children, I want to see who is approaching
us and not to guess who is hiding behind us or what are their
intention.
I'm an immigrant, and I believe I came to this country to defend
my rights and freedom. I believe that elected officials have an
obligation to defend those rights by all means needed.
Thank you.
MR. MILLER: Your next speaker is going to be online,
Mr. Kyle Fussganger. I hope I'm saying that right, Mr. Fussganger.
And then -- Fussganger, excuse me, and then here in the room will be
Michelle McCormick, and then after that will be Mara Bugarin.
Mr. Fussganger, are you there?
MR. FUSSGANGER: Hello. I'm here.
MR. MILLER: You have two minutes, sir.
MR. FUSSGANGER: I am a citizen of Collier County. I
grew up there. I went to Laurel Oak Elementary. I went to Oak
Ridge Middle School. I went to Gulf Coast High School.
I am fortunate enough to study at the University of Denver. I
study chemistry, and I am saying that the mask order is very, very
well. You should mandate them. Not only because of the science,
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of particle science and aerosols, also because of the safety of
everyone else.
Yes, the economy is very important to open so that we can keep
the country, but also mandating the mask for public safety is very
important. We can see that in science articles, yes, there's
contradictory information from all over. That is what the science
world brings. There is contradiction in everything, but there's
proven studies that although you wear a mask, your oxygen levels do
not go down. Your oxygen levels stay the same. It reduces the
particle size of the virus at which you can contain, because in
chemistry and when you release particles from your body, you can
have a particle size that varies. So, when a particle contains the
virus, it can have multiple different copies of the virus. It can have
different particle sizes and different copies of the virus. Although
not all of the virus can be transferred to someone else because it can't
be -- like, isn't viable to be transferred. It can still cause a significant
effect in that.
We need to mandate masks to risk -- lower the spread. People's
lives are at risk. Collier County --
CHAIRMAN SAUNDERS: I'm sorry. Your time is up.
Your time is up.
MR. MILLER: All right. We'll go ahead and mute that, sir.
Oscar, if you'll take care of that.
Our next speaker here in the room is Michelle McCormick.
She will be followed by Mara Bugarin, and after that will be -- let's
see. Rosie Poling.
Ms. McCormick, you have two minutes. Please begin.
MS. McCORMICK: Yes. Hi. My name is Michelle
McCormick, and I have a few questions for the Board today.
Considering that roughly 50 percent of the Collier County
General Fund, next year over $215 million will be spent at the Collier
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County Sheriff's Office because of health and safety, why is it so hard
to pass an order to mandate masks which will save lives and keep
people both healthy and safe and literally cost the county nothing? I
don't understand that priority.
And also, more relevant to today specifically, why is it that a
group of black youth were denied access to this meeting multiple
times since 8:00 a.m. this morning, and when they finally make their
way in, they are met with a local flat-earther and racist, Alfie Oakes,
who's been sitting comfortably in the air conditioning while they've
been standing outside in the heat since 8:00 a.m.?
Whose decision was it today to do everything that they could to
block Collier Youth for Black Lives from this meeting?
CHAIRMAN SAUNDERS: Thank you.
Mr. Ochs?
Thank you. I appreciate your comments.
Mr. Ochs, some rather startling allegations there. And I want to
make sure that --
MS. McCORMICK: I'm happy to answer follow-up questions.
CHAIRMAN SAUNDERS: I've asked Mr. Ochs this.
What's the situation there? We've not denied anybody access as
far as I know.
MR. OCHS: Sir, for several months, since the onset of the
pandemic, we've tried to create a social or physical distancing as
recommended by CDC in this chambers, and in order to limit the
seating for the public in this chambers, we've identified other
locations on the campus where people could go to view the meeting
and speak to the commissioners when they were registered to speak.
So, obviously, as the facilities fill up -- it's a first-come first-serve
seating arrangement, and no one is singled out. It's just a matter of
who comes to the door. And when we seat people and we reach
capacity in this room, we direct them to the two other overflow
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rooms that we have available during the board meeting.
CHAIRMAN SAUNDERS: All right.
MS. McCORMICK: That's not at all what happened.
MR. MILLER: Mr. Chairman, your next speaker is Mara
Bugarin. She will be followed by Rosie Poling and then Loissa
Antoine.
Ma'am, please.
Your next speaker is Mara Bugarin. Ms. Bugarin, are you
there?
MS. BUGARIN: Yes.
MR. MILLER: Ms. Bugarin, please go ahead.
MS. BUGARIN: Hi. My name is Mara Bugarin, and I want to
share something with you. I'm coming from the place where all
started just like this. This is deja vu for me. But this time I don't
have another America to run. I'm coming from communist, socialist
country.
I run away from the system that was implementing the laws for
greater good. I run away to a land of free just to find myself now in
a battle to fight for my basic human rights. This is a nightmare.
Please wake me up.
It's not government job to protect my health. It's government
job to protect my constitutional rights. It's my job to protect my own
health. When you trade liberty for safety, you end up losing both.
Even CDC and W.H.O. are not mandating the masks. They are
recommending them. What mask you will recommend? If you're
eligible to mandate for the people to wear the mask, because you
have all credential, then please tell us which one. Is the napkin the
right one? And where you will install all those biohazard disposable
bins for those masks?
In less than four months, few were successfully installed in the
majority of the population in America. We are brainwashed by the
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media, which is listed as entertainment; therefore, they not have to
tell us the truth.
And the most dangerous and terrifying part, people are afraid of
their neighbors, families, and friends. I never attack anyone for
wearing the mask, but today I was insult for not wearing one. I was
attacked from a scared, angry, and rude person who is full of hate that
is the media direct product. I'm stunned.
Also, for how long you want to do this, to make this mandate
for?
And do not forget people are working so hard so you can put the
bread on your table.
CHAIRMAN SAUNDERS: Ma'am -- your time is up, ma'am.
Thank you.
MR. MILLER: Thank you, Mr. Chairman.
Your next speaker is Rosie Poling. She will be followed by
Loissa Antoine, here in the room, and then Joe Gonzales.
Ms. Poling, are you with us?
MS. POLING: Yes, I am.
MR. MILLER: You have two minutes, ma'am. Please begin.
MS. POLING: Thank you.
Hello, my name is Rosie Poling. I grew up here and graduated
from Lely High School in 2017. I'm currently going into my senior
year at Harvard College where I'm studying global health and health
policy.
My parents, Doctor and Doctor Poling, have served as primary
healthcare physicians on Marco Island for 16 years. They regret
they cannot speak here today but understand that their services are
desperately needed attending to their patients.
With over 25 years of clinical experience, they wanted me to
pass along their support for the mask mandate we are here to discuss.
Florida is the epicenter of the world for COVID-19. My parents
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have, unfortunately, seen some of these horrors firsthand in our
community. And it's not just death rates. It's also long-term
physical and mental health consequences that devastate families.
As we've already heard from Stephanie Vick and John Drew,
masks are one way to help stop the rates of transmission. There is
no evidence that masks cause harmful carbon dioxide exposure, and
they will not deprive your body of oxygen. In fact, surgeons operate
for hours with masks.
While it is clear we need larger systematic solutions, and masks
are only part of a bigger necessary response, we should consider
ourselves lucky that the technology we need to protect ourselves and
our community is so effective, accessible, and noninvasive.
In terms of economics, pandemics suppress the economy, not
public health interventions. According to a study from MIT and the
Federal Bank Reserve using data from the 1918 pandemic, cities that
adopted non-pharmaceutical interventions, like wearing masks, were
actually associated with better economic outcomes in the medium
and long run. This is the data that Chairman [sic] McDaniel was
looking for.
In the beginning of the pandemic, the CDC was slow to
encourage mask wearing. This was because they wanted to protect
the dwindling supply of PPE for healthcare workers who are at
highest risk. However, as they saw how effective public mask
wearing was in Asian countries and European countries, many of
which have since been able to reopen, they reversed their position.
This is the essence of the scientific process, correcting positions
when new information's available.
Wearing a mask is a patriotic duty that we all must do.
Government intervention is needed.
As a study from University of Iowa found that countries that put
mask mandates in place -- or counties, sorry -- that put mask
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mandates in place averted between 230,000 to 450,000 COVID cases
over a three-month period. The government must intervene.
I wear a mask and encourage others to not out of fear but out of the
love for my community and the people around me.
Thank you for your time.
MR. MILLER: Commissioners, your next speaker here in the
room is Loissa Antoine. She will be -- I hope I'm saying that right.
And she will be followed by Joe Gonzales and then Karen Kahle,
K-a-h-l-e.
I'd like to remind our speakers, please, try to not go too fast for
our court reporter.
Loissa Antoine.
MS. McCORMICK: She's no longer here. She was denied
entry at your front door.
MR. MILLER: Okay. Let's go to here in the room. Do we
have Dan Cook? Mr. Cook, if you'll make your way up here.
You'll have two minutes. After Mr. Cook, we'll go to Joe Gonzales
and then Karen Kahle, if I'm saying that correctly, I hope.
MR. COOK: Good afternoon, Commissioners.
First let me start and say that I am not anti-mask. I am pro
choice. I will fight for your freedom to wear a mask and protect
your health as you see fit, and I expect you to respect my right to do
the same.
Now, on behalf of 228 Collier citizens and a small handful of
tourists, I'd like to lawfully and formally serve a petition for redress
of grievances.
Over the past weekend, over three days, we collected these
signatures of people who support a vote -- a no vote on the mask
mandates. So, let me just read that.
Whereas, the right to breathe fresh, clean air is not a political
issue. It is a constitutionally protected right endowed by our creator;
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and,
Whereas, a mask mandate would be unenforceable and would
take away law enforcement resources from real crime; and,
Whereas, a mask mandate would make the police look like
tyrants in a time where tensions are already very high;
Whereas, after the County Commissioners have twice rejected a
mandatory mask ordinance in Collier County, Commissioner Andy
Solis has solicited a recommendation from the Tourism Development
Council to, again, try to mandate the masks;
Whereas, tourists who want to escape the cities and states that
already have draconian measures in place will opt to go to
neighboring areas such as Cape Coral and others that have already
rejected mask mandates; and,
Whereas, if a mask mandate were to pass, it would set a
dangerous precedent for future mandates such as vaccinations and
microchips.
Therefore, we, the people of Collier County, lawfully and
formally petition our County Commissioners to vote no and to vote
against any attempts to impose mandatory masks upon us. And I
have --
CHAIRMAN SAUNDERS: Please hand that to the County
Attorney. He'll make sure we get it. Thank you.
MR. COOK: Absolutely. Thank you.
MR. MILLER: Your next speaker is Joe Gonzales. He will be
followed by Karen Kahle -- I'm going to spell it, K-a-h-l-e -- who is
online, and then in the room will be Edward Belmonte.
Mr. Gonzales, Joe Gonzales, are you with us?
MR. GONZALEZ: Yes. Thank you.
It's ironic that with all the civil unrest caused by a bad cop restricting
the breathing of a man, here we are talking to you about our right to
breathe freely.
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Three things you must ask yourselves. Number one, compared
to what alternatives? A "right to choose" mask policy. If a mask
was the answer, why does the county health officer or maybe some of
you still have a job? Shouldn't we have done this back in March?
The lockdowns cost us millions of jobs and trillions of dollars.
So, number two, at what cost? So far six trillion to $10 trillion,
roughly 50 million to $75 million per death in the United States. In
Florida, we've had approximately 4,500 deaths on a population of
22.5 million people, or .0002 percent, which is half of the U.S.'s of
.0004 percent. What exactly is your goal here? What are you
trying to do?
Did you know that more people die yearly, according to Johns
Hopkins, of 250,000 people per year, which is more than the COVID
deaths in the United States, just from medical malpractice, and that's
available in a study from them.
The government's job is not to guarantee health. It's to provide
services and information and regulate the number of beds.
Now, do you want your political legacy to be labeled as an
overreaching tyrant violating liberties and medical freedoms?
Now, I'm not sure with Mr. Solis here. He's already kind of
picked a fight with Mr. Alfie Oakes, so I'm pretty sure he might have
to move if he wants to continue his legacy.
But do you want your children and grandchildren to be subjected
to this fear and anxiety? Have you thought about the lawsuits and
the strain on small businesses? Are you trying to alienate the group
that is most for your law enforcement officers here?
There will be thousands of people who will not comply, and
right now we have people from Antifa and Black Lives Matter
outside that want to put each more -- do you want to put even more
strain on your police force?
The Sheriff's Office said that this was not going to be
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enforceable anyway and probably would be illegal, according to your
county attorney.
Number three, what hard evidence do you have --
CHAIRMAN SAUNDERS: I'm sorry. Your time is up. I
appreciate it.
MR. MILLER: Thank you, Mr. Gonzales.
Your next speaker is Karen Kahle. I hope I'm pronouncing it
correct. Followed by Edward Belmonte, and then after that will be
Christy McLaughlin in Risk.
Ms. Kahle? I hope I'm saying that right.
MS. KAHLE: You did great. Thank you very much. Can
you hear me?
MR. MILLER: Yes. You have two minutes, ma'am. Please
begin.
MS. KAHLE: Okay, thank you.
First, I wanted to say that I have a vast network of friends here
in Naples who work in a variety of industries, some in very
prominent positions in the community, and every single one of them
is vehemently opposed to a mask mandate to the point that they will
be in that group who will not be compliant. Not a single one in
support. So, I wanted to make sure that I was able to represent their
voice here today, as they couldn't attend.
Second, to touch on the economic part of the discussion, which
is where, you know, this was brought about by the Department of
Tourism. I want to say that I believe strongly that a mask mandate
would have exactly the opposite effect on tourism that they and
Mr. Solis and others are suggesting. I believe it would actually deter
people from coming to Naples. We know that people have flocked
to Florida to escape rigid restrictions in their own states, such as the
northeast, and I think several other people have referenced that as
well.
July 14, 2020
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People do not want to go on vacation or to actually move here,
in some cases, if they have to wear a mask. And I want to end with
an example from a person who posted to a Collier County group last
night. She said, hi, all. My family is due to move back to Naples in
a few weeks. I'm extremely concerned with the possible mask
mandates being voted on. Is this happening tomorrow? This,
among many, is the reason we are leaving Massachusetts.
Thank you.
MR. MILLER: Your next speaker is Edward Belmonte. He
will be followed by Christy McLaughlin and then Jeffrey
Boost -- Bruce, excuse me.
Mr. Belmonte, you have two minutes, sir. Please begin.
MR. BELMONTE: Yeah. I'd just like to start by saying we've
heard a lot of talk about overuse of force and even words like
"tyranny" and things like that. And I just want to come back to the
idea of a lot of people are concerned with the tourism and things like
that and businesses and small businesses and how the masks will
affect those.
And I just wanted to point out that there's almost no money, a
few million dollars from our very large budget put aside for actual
help with those things. For actual -- I'm trying to think of the word.
It's eluding me at the moment, but -- funds for those businesses to
pull from, to use when they need them, right, in order to help our own
economy, but yet we have a $215 million budget approved for
CCSO.
We need to actually come around and pull money out of there if
we want to have the ability to save our asses in what happens with
COVID-19. We need to be able to do what needs to be necessary,
and we need the money to do that, and that money is very much
available to us right there in CCSO.
I'll give up the rest.
July 14, 2020
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CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Okay. I've had some moving parts here. Let
me try to stay with this. Jeffrey Bruce. We're going to go to Jeffrey
Bruce next. I guess Christy McLaughlin was on her way from an
overflow facility to this room. So, Jeffrey Bruce will be next, and
then he will be followed by Angela Kerton.
COMMISSIONER McDANIEL: Christy's here.
MR. MILLER: And then followed by Christy McLaughlin.
So, Jeffrey Bruce, are you with us?
MR. BRUCE: I am.
MR. MILLER: Please begin, sir. You have two minutes.
MR. BRUCE: Thank you.
The Collier County Commission has the legal right, as
Commissioner Solis has pointed out, and it has the moral duty to
enact a face covering ordinance, and I support the idea of doing it on
an emergency basis.
You know, it's illegal to smoke in Alfie Oakes' grocery store, so
I don't think it's too big a stretch to make it illegal not to wear a mask
there, too.
The Board has a duty to do what it can to help fight this
epidemic. And despite what's been said by some, masks do work.
Masks do not cause respiratory issues. That's the science.
There is no inalienable right to infect other people. This is a
modest and sensible proposal, and it should be enacted today. And I
want to thank Commissioner Solis for pressing this issue.
Thank you very much.
MR. MILLER: We're going -- sorry, Oscar, if I'm confusing
you in the other room.
We're going to go with Christy McLaughlin. I guess she is here
in the room now. So, if you will come on up. And after
Ms. McLaughlin, we will go to Angela Kerton, and then after
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Ms. Kerton, we'll go to Kristel Sulser.
MS. McLAUGHLIN: All right. Hello, friends. It's been a
long day, I know.
So, I've spoken on this issue many times. Many of you have
heard it from me on several occasions. But I want to note that the
operative term when we say "control the spread," is "control," and
that includes controlling the people, and that is an issue. It is a
constitutional issue when it comes to personal liberties.
So, Commissioner Solis, you mentioned a Supreme Court case
from 1902 [sic]. I did a quick LexisNexis search, found a 2020 case.
Bailey's Campground, Inc. v. Mills. I have the citation if you want
it.
To quote it directly, the permissive Jacobson rule -- that's the
case you mentioned -- floats about in the air as a rubber stamp for all
but the most absurd and egregious restrictions on constitutional
liberties free from the inconvenience of meeting full judicial review.
This is a matter of personal liberties. This is not political. This is
constitutional. This is fundamental.
When it comes to tourism, we saw the issues that we faced with
tourism was due to the fact that most of our restaurants had to close.
Our businesses had to close. Our beaches were closed, and people
were unable to live freely.
I would like to note that I just now had the opportunity to enter
this room when I've been here since 8:30 in the morning. We have
about 25 people packed into an even smaller room in another
building. So, do we really have a goal of social distancing and
health, or is it an agenda?
Now, I advocate strongly, strongly to oppose this mandate. But
I would also like to mention somebody who did text me a little earlier
from Facebook, and I think it's meritorious, and she needs to be heard
because she's not here. She says that these mandates are
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discriminatory to her autistic child who cannot wear a mask because
he takes issue with stimulus deprivation. We cannot discriminate
against those children.
Thank you.
CHAIRMAN SAUNDERS: Thank you.
Mr. Ochs -- thank you.
Another allegation that I think you need to comment on. Are
we cramming 25 people into a smaller room? Are we -- if we are,
that's inappropriate.
MS. McCORMICK: That's exactly what happened.
MR. BEAL: That's exactly what's going on.
MS. McCORMICK: And they tried to get 50 of us in that same
room.
CHAIRMAN SAUNDERS: Okay. Hang on. I'm asking the
Manager.
MS. McCORMICK: We waited outside because we didn't want
COVID.
MR. BEAL: I was in there.
CHAIRMAN SAUNDERS: I want to make sure that we
understand. Mr. Casalanguida, are you going to address that issue
or --
MR. CASALANGUIDA: I'm going to go check and confirm.
CHAIRMAN SAUNDERS: All right.
MR. OCHS: To my knowledge, we are maintaining the social
distancing guidelines in our overflow rooms.
MS. McCORMICK: We have video. I'd be happy to send it to
you.
CHAIRMAN SAUNDERS: All right. That will be helpful.
All right. Let's go to the next speaker.
MR. MILLER: Thank you, sir. Our next speaker is going to
be Angela Kerton online followed by Kristel Sulser in our Risk
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Facility, and then Marina Ons here in the room.
Angela Kerton, are you with us, ma'am?
MS. KERTON: Yes, sir.
MR. MILLER: Please begin. You have two minutes.
MS. KERTON: Okay, thank you.
Well, good afternoon, Commissioners. Well, I'm against your
mandatory masks. It's interesting, this Saturday my husband and I,
we went to get tested at the Collier and Green Boulevard due to a
friend of ours who had no symptoms, perfectly fine, and he did test
positive.
But our bigger issue is, if this is such an issue, can someone tell
me why that those who are going car to car, they did not have on any
kind of gloves? And there was no sanitizer that any of these officials
were using going in between cars, obtaining licenses and paperwork.
So, if it's so easily transmitted from surfaces and the droplets,
what is the big deal? Why are we mandating this?
There's -- it's pretty much a political ploy that we have going on
here. We're going to say no to it. It is not enforceable. It is not a
law. You cannot fine people nor arrest them. My tax dollars, they
go for our police departments to help against crime, not against
telling people what is and isn't on their face.
So, I please ask you to vote no.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is in our Risk building is
Kristel Sulser. She'll be followed here in the room by Marina Ons
and then online, Michael Finkel.
Ms. Sulser, are you with us?
MS. SULSER: I'm here. Can you hear me?
MR. MILLER: Yes. You have two minutes, ma'am. Please
begin.
MS. SULSER: Hi. My name is Kristel. I'm a mother and a
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native to Naples, Florida.
I'm here because I care for the people. I am pro medical
freedom. Science says healthy people shouldn't be wearing mask.
Masks reduce the intake of oxygen leading to carbon dioxide toxicity.
Germs are trapped near your mouth and nose, increasing infection.
Wearing a mask causes you to touch your face more frequently.
There is no scientific evidence that supports healthy people wearing
masks.
Masks obscure your facial features and impede normal social
interaction. Masks make it hard for the hearing impaired people to
understand you.
Studies that you can reference to comes from the New England
Journal of Medicine and also OSHA regulations.
Masks mandates are a slippery slope to vaccine mandates. We
need to preserve our medical freedom. We need to preserve our
patients' rights to say yes or no to any medical recommendation.
We all need to be responsible for our own health, as there is no
one size fits all, and real science proves that.
So, let's -- it is not the government's responsibility to tell
individuals how to live their lives and how to take care of their
families. This is not about wearing masks. This is about the proper
role of limited government. You will be held accountable by your
voters for your actions because of your mandates instead of
recommendations.
There are at least four attorneys in the state of Florida who are
filing lawsuit over mask mandates in over 10 counties. Do you want
to position yourselves to be next?
I will not comply with mask mandates. Thank you for your
time.
MR. MILLER: Your next speaker is Marina Ons here in the
room, will be followed by, after that, Michael Finkel, and then Ali
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Mitt, if I'm reading the name right.
Marina Ons, if I'm saying that -- Ors? Ons? I'm sorry. I can't
read your writing. Is it Ors?
MS. ONS: Tarina.
MR. MILLER: Tarina. Okay. I'm sorry.
MS. ONS: I do have messy handwriting.
MR. MILLER: You have two minutes, ma'am. Please begin.
MS. ONS: Hello. I would first like to start by commending
Commissioner Solis for continuing to press on even with all the press
back.
And also, I would like to reiterate again that I have heard a lot of
talk about the economy and things of that nature, but I think it's a
very insensitive thing to continuously talk about the economy when
in reality we're affecting people's day-to-day lives.
And also, it's quite insensitive to the victims of these families by
continuing to make this virus a lot smaller than it actually is.
And also, Commissioners, I think it's very obvious which side
you guys stand on considering only two out of the five of you in front
of me are wearing masks.
I would also like to circle back to a point that my colleague,
Eddie here, made earlier about if you guys are truly so concerned
about the economy and stimulating it, I imagine putting money back
into our community and investing actually where the money needs to
go would be a better way to do it rather than, one, sacrificing the
health of many individuals here and also put -- allowing CCSO to
have it and just sit with it.
They currently have $200 million while many other facets of
this community and facets of this budget are suffering. So, in
reality, it's kind of -- it's quite backwards, actually, the way you guys
are going about this, and I would like everyone to continuously place
focus on CCSO's budget and the $200 million of money that's just
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sitting there, and actually start thinking that.
Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Ali -- no, Michael Finkel,
excuse me. He will be followed by Ali Mick, and then here in the
room -- I'm having real trouble with this handwriting. Cynthia -- is
Olderna? Oderna?
MS. ODIERNA: Odierna.
MR. MILLER: Odierna.
Okay. Mr. Finkel, are you with us?
DR. FINKEL: Yes.
MR. MILLER: You have two minutes, sir.
DR. FINKEL: I'm Dr. Finkel, and I'm speaking on behalf of
the board of the Retired Physicians Association of Southwest Florida.
Our board supports masks. The Florida Medical Association and the
Collier County Medical Society support masks.
The -- in the last seven days, the percentage of positive tests has
been 18.8 percent versus 10.69 percent in the state of Florida. The
median age is 38. I did the math on this today, and of the -- when
you look at the number of people affected in Florida out of the total
number of people here, and the same in Collier County, you find that,
yes, the number of people affected is 1.5 percent, but the number who
have died of the affected people is 25 percent higher here in Collier
County.
You folks, by the Constitution, are -- are the ones where the
buck stops, and your oath of office is to the Constitution established
by the people, for the people, not to a party philosophy, dogma, or
personality.
The Constitution says promote the general welfare. That
doesn't mean the individual trumps the importance of the general
people.
July 14, 2020
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Vote for the mask. Thank you.
MR. MILLER: Your next speaker in our HR building is Ali
Mick. She will be followed here in the room by Cynthia. I'm not
even going to try it, Cynthia. After that will be Judy Palay online.
Ali, are you with us?
MS. MICK: Yes, I am.
MR. MILLER: You have two minutes. Please begin.
MS. MICK: Thank you. Good afternoon, Commissioners.
I would just like to know why you all seem to be promoting the
fear-mongering media. Why are you clinging to the death cult
narrative when, as leaders, why can't you be proactive in sharing the
actual stats or demanding the truth in finding out the number of
people that tested positive and were treated successfully?
Recovered? Released from the hospital the very next day? Why
aren't we hearing about any of those numbers?
It's up to you as leaders to believe in a better future, but if you
won't do that, you won't do what's necessary to make it a reality. If
you resign yourselves to this terribly frightening future, you're doing
that for one reason, and that's because that future does not ask
anything of you today.
As leaders, I'm asking you to step up -- step up to the plate, start
envisioning a better future now. Start believing in it, and spread a
message of resiliency and strength and, dare I even say, hope. Start
showing the community that you're determined to rebuild stronger
than ever. Resolve to make that future the new normal.
No masks. Thank you.
MR. MILLER: Your next speaker is Cynthia. I'm sorry,
Cynthia. You're going to have to tell me.
MS. ODIERNA: It's Cynthia never mind.
MR. MILLER: She will be followed by Judy Palay online and
then, in our Risk Management building, Trudy Olander.
July 14, 2020
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You have two minutes, ma'am.
MS. ODIERNA: Thank you.
So, to segue off what the last --
MR. MILLER: I'm sorry. I'll start your clock again. Can you
please state your name properly for the record.
MS. ODIERNA: Oh, sure. Cynthia Odierna.
Yes. So, to segue off what the last person said, they were
talking about that we should believe in a better future. Well, there's
actually a psychosis out there that -- a designated name for a
psychosis called belief in a perfect world, and there are a lot of
people with this dilution pretending that business is great, life is
beautiful.
The fact is, we are in a pandemic, okay. You don't call that,
you know, oh, you know, somebody's got warts on their feet and they
should just go to the store and get some wart medicine. We're
talking about a big deal here. And people who want to deny science,
unfortunately, that seems to be the same people who believe in the
perfect world.
I want to protect myself and, whereas, nowadays I don't have to
breathe passive smoke, we finally realized that, yes, cigarettes are
harmful. There are also a bunch of people who are wanting to
pretend that we're not in a pandemic and that Florida is not in the
epicenter.
I want to protect my students. I want to -- particularly am
worried about the black and brown students who -- and their parents
who seem to get sicker. And the people, I think, who are saying
there's no problem, I don't have to wear a mask, are operating from a
place of white privilege. And I've had enough.
We're talking about a senior center. Great. What about the
poor kids who have to walk around after Trayvon Martin is killed?
After -- Breonna Taylor does not -- her killers are not brought to
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justice. We have to worry about the people in our community, and
until we're all safe, nobody is safe.
Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Judy Palay online. She'll
be followed by Trudy Olander and then Jason Beal.
Ms. Palay, are you with us?
MS. PALAY: I'm with you.
MR. MILLER: You have two minutes, ma'am. Please begin.
MS. PALAY: Thank you.
When polio was rampant, we were given the vaccines. No
questions asked. Everyone got it. We stopped the spread in this
country very quickly. We protected ourselves and our family,
friends, neighbors, and strangers.
We have an equally rampant disease today. The only
prevention we have at this point is the wearing of the mask. Why
are we so afraid to make this minimal demand of our fellow
countrymen? Is it fair to risk so many lives because of fear of
offending someone who does not understand the severity of the risk?
Besides the possibility of physical harm, even long term, what are the
financial costs, the danger to our responders, and the sheer selfishness
by not respecting your fellow countrymen?
Leaders must be leaders. They must be knowledgeable and be
able to explain the whys and the consequences of inaction. Look
what happened on Memorial Day when no action was taken to close
our beaches. The alternative to no masks is closure again.
Please, our lives depend on your strong voices in a unified and
resounding, "You must wear a mask. Our lives depend on your
compliance," and then, please, let's enforce it. This is not politics.
It's common sense. It's caring. I want to live to see my children and
grandchildren again.
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Thank you.
MR. MILLER: Your next speaker is Trudy Olander, followed
by Jason Beal and then Danielle Dye -- Daniella Dye, excuse me.
Ms. Olander, are you with us?
MS. OLANDER: Yes, I am.
MR. MILLER: Please begin, ma'am.
MS. OLANDER: Hello there. I wanted to say hello again to
the Board. I was in there earlier. I was the blonde-haired lady, but I
had to leave because I couldn't breathe with my mask on, so hello
again.
I want to start by addressing the issue that we were talking about
with tourism. I'm originally from Seattle, Washington. I lived there
for 12 -- I lived there all my live. I've lived down here in Naples for
12 years.
Because I do a lot of social media platforming and talking about
how we've been free in this Collier County area, I literally, just this
last week, had five friends that are going to move 3,000 miles away
to move to beautiful Naples, Florida.
So, I just wanted to address the fact that, you know, we were
talking about if we're mandating masks and that's going to lose
tourism, it's actually the opposite from what I'm discovering.
Okay, moving on. I'm also a mother and an educator in the
secondary level, and I find as an educator, especially in the high
school level, we spend so much time trying to implement basic
behavioral issues such as the use of inappropriate cell phone use,
basic behavioral classroom behavior, that we compromise the level of
effectiveness of our education to our students that they need to
graduate and reach FSA standard state levels.
We spend so much time; it's many meetings we talk about this.
We are constantly distracted about basic behavioral things. And
then to add in another thing in mandating a mask? Not only is that
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going to compromise their comfort level, which is going to be
another distraction to education because, let's face it, they go to
school to get an education so they can become productive citizens so
they can graduate and move on to universities and be amazing people
in life. That's going to be a distraction. So that's going to add
another issue, and I feel that that's something that's not even really
being considered, okay.
And I just feel very passionate about, obviously, not mandating
masks. I think people should have the constitutional right to make
the choice. If you feel compromised, wear a mask, but do not
mandate it. It is completely stripping our freedoms away.
CHAIRMAN SAUNDERS: Thank you. Your time is up.
Thank you.
MR. MILLER: Your next speaker here in the boardroom is
Jason Beal. He'll be followed by Daniella Dye and then Falynne
Miller.
MR. BEAL: I'd like to start by addressing Andy Solis. You
told us today that you have the authority --
CHAIRMAN SAUNDERS: Hang on a second.
COMMISSIONER SOLIS: Mr. Chairman, I think they're
supposed to addressed Chair and not individual --
MR. BEAL: Okay. I'll address the Chair. That's fine. My
name is Jason Beal. I'm addressing the Chair today and the council.
We were told today that you have absolute mandate and
authority to mandate masks on us and then went further on to tell us
today that you have the authority to maintain vaccines and -- for me
and my children. I totally disagree with that, and I look forward to
Alfie replacing one of these seats.
I'm going to start out by reading off from The New England
Journal of Medicine this May, and what they did was do an
exploratory on masks and how effective they are. They opened up
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by saying, we know that wearing a mask outside a healthcare facility,
which is a sterile environment, offers little, if any, protection from
infection. Public health authorities define significant exposure to
COVID as face-to-face contact within six feet of a patient
symptomatic of COVID-19 that is sustained for at least three
minutes. You have to be sustained three minutes with a person with
COVID to actually catch it from them. Passing by is minimum. In
fact, they state the chance of catching COVID-19 from a passing
interaction in public space therefore is minimum. In many cases, the
desire for widespread masking is a reflective reaction to anxiety over
the pandemic.
Now, let's go one step farther. This COVID-19 no longer
qualifies as an epidemic anywhere in the world. It has fallen below
that. So, by definition, if it is not an epidemic anymore, CDC
guidelines, it is not a pandemic anymore.
So, stop the madness. Let us have freedom. The death rate has
absolutely dropped. Nobody is dying in the streets from this. We
are not seeing overrun hospitals from this. What we are seeing is
increased testing with increased positive results, and that's even being
questioned.
We had numerous labs last week come back with 100 percent
positive. How does that happen? Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Mr. Chairman, your next speaker is online,
Daniella Dye. She'll be followed by Falynne Miller here in the room
and then, here in the room, Drew-Montez Clark.
Ms. Dye, are you with us?
MS. DYE: Third time's a charm?
MR. MILLER: Yes, ma'am. Please, you have two minutes.
Begin.
MS. DYE: Yes. Wonderful. My name is Daniella Dye, and
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I'm calling today to oppose the mask mandates. I am calling today
to also ask for a motion to be put on the floor to override the ruling of
this particular motion that's currently being heard under the grounds
that the council member that requested this sent out information and
requests for people to participate that was variable depending on their
outlook.
I have three emails here that have been provided by Mr. Solis
that request information and participation from people that support
his mandate, and then I have another document that shows that
people that were opposed to the mandate were requested to view or
advise that they were able to but not encouraged to participate. So I
am asking you today to put another motion on the floor that this be
held at a different time to be reviewed with a more general outcome
where people have the opportunity to participate at a more even
participation level, I guess you can say.
CHAIRMAN SAUNDERS: All right. Thank you very much.
MR. MILLER: Your next speaker is Falynne Miller, and she
will be followed by Drew-Montez Clark and then Wendy Tyler
online.
Ms. Miller, are you with us?
MS. MILLER: Okay. Hi. I will just hit my bullet points.
The FDA is investigating tens of thousands of test results in
Florida. Florida DOH has advised labs are not reporting negative
results. Lee Health just announced that it wrongly reported its
positive cases. I personally know four people who were never tested
that received positive results.
Now, it was addressed at the TDC that it's not unconstitutional
to require clothing or seat belts, and I take issue with this premise that
this somehow also applies to masks. Humans have been clothed
since -- shortly since after the dawn of time. It's not just a cultural or
a societal norm, but a human norm to practice decency, and it does
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not exacerbate existing health issues. Clothing does not cause
headaches, dizziness, and disorientation among the otherwise healthy.
It does not exacerbate underlying health issues.
Seat belts are used in a very specific setting. They are required
in passenger vehicles but not on trains, buses, subways, scooters, or
the majority of your time in plane rides. There is also emphatic
empirical evidence that seat belts actually do save lives.
The science on the efficacy of masks, however, is far from
settled and it hotly contested amongst the professionals. Only those
that are for masks are getting airtime in our media because it fits the
narrative, feeds people's fear, and drives up ratings. There are
thousands of professionals speaking out across the country that
disagree with masking the healthy.
Asymptomatic transmission is rare, further undermining the
narrative that masks are necessary. Dr. Fauci even stated that masks
are mere symbolism. The mask has become the most visible symbol
of social conditioning to Americans determined to preserve
individual freedom. Mask mandates are about control, not public
health, and we, the people, do not consent.
MR. MILLER: Next speaker is Drew-Montez Clark. He will
be followed by Wendy Tyler and then William Norgad -- Norgard,
excuse me.
Mr. Chair, before Mr. Clark begins, I just want to point out we
still have 100 people online at this point waiting to participate. I
can't guarantee that some of those haven't, but we certainly have done
[sic] anywhere near that number already.
CHAIRMAN SAUNDERS: I think at some point we may have
to close the public hearing, but we'll proceed --
MR. MILLER: Sure.
CHAIRMAN SAUNDERS: -- but obviously --
MR. MILLER: I just wanted to give you an update, sir.
July 14, 2020
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CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Mr. Clark, please. Two minutes.
MR. CLARK: So, my name is Drew Montez-Clark, and I am
here in opposition of the mask mandate.
Obviously, I'm not standing here from a place of white privilege,
since I heard race brought into this, nor am I standing here from a
place of black privilege, but I stand here in instance for American
privilege. And one of the many things that I love about this country
is the freedom that it provides.
This is not about race. It should not be about politics, but it
doesn't also seem to be about science and -- science and data either.
So, I get tired of hearing people use Facebook as a means of
data. I get tired of people using the media as a source of data instead
of looking at the research themselves. And I do agree with the point
that it seems as though we put the health professionals in a spotlight
that favor an agenda as opposed to allowing this to be an active
debate within the entire healthcare community, because there is
unrest within the healthcare community about what needs to be and
what does not need to be.
Fundamentally, fear is real, and I think we contribute to the fear
that the public is experiencing at this particular point and then
reacting to, and I think it's an obligation of ours to point out the facts
and to point out the data and let the rest sort out where it may.
An example of that would be media's reporting that we have 15,300
new cases and it shatters a single-day infection record, and we're only
talking about infections. We're not talking about hospital rates.
We're not talking about death rates. It's misleading to the public.
And if I go to the Florida Department of Health, it says that we
had a record number of more tests, 142,900 tests reported in one day,
and we had the third day decline in percent positivity of new cases,
but the way that that was presented fed into the fear as opposed to
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presenting actual facts.
Governor DeSantis reported yesterday that the 1.9 percent -- we
have a fatality rate of 1.9 percent. Beyond that, there's a statute in
Florida Statute that says that it's illegal to wear a face covering in
public. That is a legislative process. And the case that we referred
to in the beginning refers to state powers. And the last thing I
understood, that this is not state powers, and we have to delegate that
to them.
CHAIRMAN SAUNDERS: Thank you very much.
MR. MILLER: Your next speaker is Wendy Tyler. She will
be followed by William Norgard and, oh, boy, and then Antonio
Dumornay, I think.
Ms. Tyler, are you with us?
MS. TYLER: I am. Can you hear me?
MR. MILLER: Yes, ma'am. You have two minutes. Please
begin.
MS. TYLER: I will.
I was raised in the northeast. Spent a lot of time in New York
City where we all were crammed into small spaces but learned how
to be gracious and take care of each other. And I was raised to
believe that we are our brother and sister's keepers; that we have a
duty to take care of each other.
I am listening to the science. I believe that until we have a
vaccine against a virus that we are just learning about and learning
more information every day, we ought to be wearing a mask out of
precaution and our caring for our fellow citizens and neighbors. I
am really amazed at the number of people I've heard talk about their
constitutional right and their selfishness when it comes to this.
So let me just say, as a newish member of the Naples
community, the choice I have is I have a choice on where I shop and
where I buy my groceries, and who I spend time with, and I will be
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spending time in places that believe, as I do, that we have a right and
a duty to protect each other.
Thank you very much, and thank you, Andy Solis.
MR. MILLER: Your next speaker is William Norgard. He
will be followed Antonio Dumornay, and then Betty Hughes.
Mr. Norgard, are you with us, sir?
MR. NORGARD: Yes, sir, I am.
MR. MILLER: You have two minutes, sir. Please begin.
MR. NORGARD: Thank you.
My greatest honor was to fight for those who couldn't fight for
themselves in the United States Army. It's a soldier's highest calling
and their utmost duty.
We are all free in this country, but we are not free of a duty to
one another. We are not free to drive as fast as we want to on the
road. We have a public safety duty to adhere to the speed limit.
I wear a mask while in public because of my duty to protects
others. I have a duty to my fellow Americans, especially to those at
risk who cannot defend themselves, and I will wear a mask to fight
this enemy.
I encourage the Commission to make the right decision. Thank
you.
MR. MILLER: Your next speaker is Antonio Dumornay, and
he will be followed by Betty Hughes and then Elizabeth Baird.
MR. DUMORNAY: Hi, everybody. How you doing?
Antonio Dumorney.
I heard a lot of talk today about everybody wanting to mandate a
mask. I've been actually yelled at a couple times by plenty of people
for not wearing a mask. I just wanted to say that I know a large
number of people who has contracted COVID and have recovered at
home. I think their voices really matter, because they recovered at
home without any meds and without any hospital help. I guess they
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developed their own antibodies from staying safe and healthy the best
way they can.
I haven't wore a mask or gloves since COVID, and I'm a
transporter. I transport all across Southwest Florida. Haven't had
any type of sickness whatsoever. Everybody has their own duty to
keep them and themselves safe the best way they can. I feel like
everybody should do that.
We are number one in obesity but, fortunately, for me I've been,
you know, drinking my juices and eating my vegetables and having a
glass of seed moss every day.
But what's really bothering me is the fact that we are not really
thinking about the kids, because I hear a lot of people saying that
masks don't, you know, cause fatigue or a lot of stuff, but a doctor
should be in here to -- a doctor and the school board member should
be in here to assure us that they're ready to accept the consequences if
these kids fall out in class for wearing a mask. Are they willing to
accept that type of lawsuit? Because that's the real problem. We
can do what we want to do as an adult. We want -- you know, want
to honor our rights about, you know, being able to keep ourselves and
others safe the best way we can. If we want to walk into an
establishment with a mask, if the establishment is not mandating the
mask, then we're free to do as we should be able to do in that
establishment.
But for these kids, what are we really doing for that if they fall
out? Because they can't. Pub Med and Stanford University have all
said kids can actually pass out from a lack of fatigue [sic] by wearing
a mask for eight hours a day in school. And we all know kids are
reckless. They touch. And they will take that mask off in a
heartbeat.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Betty Hughes. She'll be
July 14, 2020
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followed by Elizabeth Baird and then Jessica Morales.
MS. HUGHES: Good afternoon. My name is Betty Hughes.
I am a retired homeowner in Collier County. I vote and I pay taxes.
But one thing I have not done much of in the last few months is
support the local economy. There are establishments that have done
a great job of keeping their places of business safe for employees and
customers. Others, however, make up their own rules or simply
have no rules.
This lack of uniformity among businesses does not instill
confidence in me as a consumer. I never know until I get to a place
of business if it engages in safe practices.
Listening to some of the presenters who do not want a mask
ordinance, I'm appalled at the selfishness and the ignorance of their
arguments using cherry-picked details. For example, a previous
presenter commented that W.H.O. had been hesitant to recommend
wearing face masks. Well, their latest directive was on June 5th
where they stated, in light of evolving evidence, the W.H.O. advises
that governments should encourage the general public to wear masks
when there's widespread transmission and physical distancing is
difficult.
So, the naysayers, I ask, if not masks, what exactly do you pose
to end this pandemic? You talk about your rights but not about
responsibilities.
I am asking for a mandatory mask ordinance to get the pandemic
under control. It is a short-term measure to get us back on track.
Thank you.
MR. MILLER: Mr. Chairman, shall I continue?
CHAIRMAN SAUNDERS: Yes.
MR. MILLER: Your next speaker is Elizabeth Baird. She'll
be followed by Jessica Morales and then Sandy Parker.
Ms. Baird, are you with us, ma'am?
July 14, 2020
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MS. BAIRD: Yes, I am.
MR. MILLER: You have two minutes. Please begin.
MS. BAIRD: Thank you.
I am a constituent of Commissioner Taylor. Mask wearing is a
public health issue. It's not a political issue. Thank you to the
Department of Health and to Commissioner Solis for the -- for
presenting the current state of COVID-19 in Collier County which
strongly supports a reasonable mandatory mask mandate.
As so clearly explained by Commissioner Solis, the federal,
state, and local governments have a general police power to impose
reasonable ordinances and laws to regulate personal behavior for the
good of the public health and safety. This has been followed since
the Supreme Court [sic] that the commissioner cited. It is still the
law of the land, even though it is an old case, and it is still the basis
on which all public safety laws stand.
And despite what has been said here today by commissioners
and presenters, there's no choice involved in following reasonable
laws enacted for public health and safety, such as those against drunk
driving, smoking in public, selling alcohol and cigarettes to minors,
and so on.
So even though we have many personal freedoms in America,
which obviously we do not take for granted, we live in a society
where we are all dependent upon one another to behave in a way that
is not detrimental to or endangering the health of our neighbors.
Citizenship carries both rights and responsibilities. And put
another way, your rights to swing your fist ends where my nose
begins.
Commissioners, you have the opportunity to use the reasonable
police powers of the government in order to make a positive
difference in the physical health and eventually the economic health
of the citizens of our county. Is this hard? Yes, absolutely. Are
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we all angry about what has happened to our lives as a result of the
pandemic? Yes, absolutely. But this is our chance to do the right
thing. And given the current explosion of the virus in Florida, we
may not get another chance.
CHAIRMAN SAUNDERS: Thank you very much. Your time
is up. Thank you.
MS. BAIRD: Okay. Thank you.
MR. MILLER: Your next speaker is Jessica Morales.
CHAIRMAN SAUNDERS: While Jessica Morales is coming
up, Commissioner Fiala, you had a comment you wanted to make?
COMMISSIONER FIALA: I'm sorry I'm saying this a little bit
late, but the gentleman a couple times ago had talked about the kids
in school. And I just happened to talk with Kamela Patton last night,
and I asked her about that same thing, a child that cannot wear a
mask, and she says, then they won't be allowed in school. She said
if they can't wear a mask, they can either be homeschooled or they
can go to a private school.
COMMISSIONER McDANIEL: The virtual schools. There
are two different virtual schools. There's four choices.
COMMISSIONER FIALA: Okay. Good.
MR. MILLER: Okay. Your next speaker is Jessica Morales.
She will be followed by Sandy Parker and Reverend Dawson Taylor.
Ms. Morales?
MS. MORALES: Hello, and good afternoon.
I would first like to start off by thanking the Board of County
Commissioners for their time and patience.
I spoke at the last board meeting, and I was pleased to see that
testing sites were set up in Golden Gate and at the Nichols
Community Center on Collier Boulevard; however, I think that all of
these efforts have come too little and too late.
If we look at East Coast neighboring counties, ICUs and
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hospitals are filling up. I tried to get a COVID-19 test last Friday
and last Saturday but was turned -- but was turned away due to a lack
of tests, and my reasoning in getting a retest is because I was exposed
to a family member who tested positive, and I worry immensely for
the health and safety of everyone in Collier County, especially our
elderly community, but particularly for my parents and people like
me who need access to these tests.
So, my main question to the Board, is how many people need to
die until we issue a mask ordinance? My uncle has already died.
My parents are at risk. And I believe that we need a mask ordinance
in close public spaces and that we need to listen to our own health
department which recommends avoiding closed spaces with poor
ventilation, crowded places with many people near by, and close
contact settings.
We need to listen -- in the past week, I have seen EMTs on my
street twice. Once during my lunch break today.
We need to refocus our county and the direction in which we are
headed. Collier County needs to be on the right side of history in
this matter.
In conclusion, I would like to thank you -- I would like to issue a
public thanks to Doctors Without Borders for assisting our
community in Immokalee who were largely ignored when all of this
started.
And thank you for your time, and I yield the rest of my time to
the board. Thank you.
MR. MILLER: Thank you very much.
Your next public speaker -- we've had people drop off here -- is
Dr. Richard Conrath. He will be followed by Paul Flowerman and
Judith Belmont. You will each have two minutes.
Dr. Conrath, are you with us, sir?
DR. CONRATH: Yes, I am. Thank you.
July 14, 2020
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MR. MILLER: You have two minutes.
DR. CONRATH: I'm a former professor of education of
leadership and philosophy. My Ph.D. dissertation was a legal one
that dealt with the responsibility of universities to care for their
students under the common law doctrine of in loco parentis. You
might wonder why I bring that up now. It's because I believe the
lines between what the law says we can do and what we should do
could be blurred in some cases. Say, in the case of student riots -- I
was there at Penn State during the riots -- or a pandemic where we
find ourselves now.
And so, it seems to me that we can use a simple analogy of a
three-legged stool. You all know how the four-legged stool works.
If you take one of the legs away, the stool can still stand if you're
careful, but if you take away one of the legs of the three-legged stool,
the stool tumbles over.
And so, I see the three-legged stool this way: The first leg is
wearing a mask, the second leg is keeping socially distant, and the
third leg is washing hands.
Now, I'm going to assume, presuppose that those three -- those
three solutions to dealing with the COVID-19 virus, before we have a
vaccine or before we have a cure, are universally recognized in the
scientific community.
Now, the debate has been whether or not the wearing of masks
is useful or not. I'd like to side with the doctors who have
already -- Dr. Fiscal [sic], I believe his name was, who already
testified that doctors are, in Florida, generally supportive, and it
seems like the scientific evidence is there.
So, the question is: If it's scientifically supported, is it
supported legally? And the one case I want to cite here is one that
mentioned already, one that Commissioner Solis has already referred
to, and that is the case of Jacobson --
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CHAIRMAN SAUNDERS: I'm sorry, but it's going to
be -- that would be an interesting argument, but your time is up, and
we need to keep on moving.
MR. MILLER: Okay. Mr. Chairman, I had Sandy Parker
come back online, so we're going to go with Sandy Parker next, and
then Paul Flowerman and Judith Belmont.
Ms. Parker, are you with us?
MS. PARKER: I am. Can you hear me?
MR. MILLER: Yes, ma'am. Two minutes. Please begin.
MS. PARKER: Good afternoon, Commissioners. I appreciate
the opportunity to talk to you today about an issue that's very
important to me. As you know, I've emailed each of you several
times, and I appreciate those of you who have responded to me.
The reason I decided to call in today and not just email you
again is because I wanted to tell you how I've been feeling these past
weeks and months. And, quite simply, the word that describes how
I've been feeling is unsafe. I don't feel safe leaving the confines of
my little gated community.
I had surgery in February and continue to go to physical therapy
at NCH twice a week but, otherwise, I'm pretty much staying home.
My husband and I ventured out for lunch at Skillets a few weeks
ago for the very first time, and we both felt uneasy and agreed it was
too soon. While the restaurant staff were wearing masks and
appeared to be taking the appropriate precautions, some of the other
customers were not.
I heard your discussion a few weeks ago about whether or not to
impose a mask ordinance, and I listened to the public comments. I
understand the view that people should take individual responsibility
for their actions and behavior and do what's best for us, but the truth
is, not everyone believes responsibly or thinks of the safety of others.
We need rules and laws.
July 14, 2020
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Today's discussion is being framed in the context of what's best
for the business community and tourism. I guess that's because
framing it simply as what's best for us as individual community
members wasn't compelling enough.
From a business perspective, I can tell you that before COVID,
my husband and I ate out in local restaurants at least four times a
week, we went shopping, spent money, went to the movies. We're
not doing that now because we don't feel safe.
I urge you to vote in favor of a reasonable mask ordinance.
Thank you.
MR. MILLER: Your next speaker is Paul Flowerman. He will
be followed by Judith Belmont and then Bonnie LaFemina.
Mr. Flowerman, are you with us?
MR. FLOWERMAN: I am, indeed.
MR. MILLER: Please begin.
MR. FLOWERMAN: Good afternoon, Commissioners.
I've served our nation as a Peace Corps volunteer and am now
devoting the bulk of my time in the battle for our recovery by
deploying volunteer medical students nationwide, including in Collier
County, where the situation in various communities is getting
increasingly serious.
As bad as the pandemic is, my wife and I are unnecessarily
restricted because we cannot count on some of our fellow citizens to
take the responsible and reasonable precautions to not infect us and
worsen the crisis.
I tried Saturday to patronize a favorite local Naples merchant.
None of the staff wore masks. Half patients -- patrons were not
wearing masks, and we cannot return until our safety is respected.
Thirty-six Southwest Florida Publix supermarkets in Collier and
nearby counties have had employees test positive. Employees are
now all wearing masks, but even today most patrons are not, and we
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will not return until our safety is respected.
And we will not allow our family to come visit Collier and enjoy
its many attractions until our safety is respected.
An ordinance will increase compliance with this essential
precaution. Stores must require all employees and all patrons to
always wear masks in indoor spaces, and the county must make it
required, expected, and easy for people to wear masks in densely
occupied outside public areas.
We applaud those individuals wearing and those establishments
requiring masks. It takes big courage in this county, and we
commend Commissioner Solis. Unfortunately, some continue to
endanger their fellow citizens. When did self-righteous become
more important than respect and kindness for our fellow citizens and
in such a deadly situation?
Please, courageously mandate masks to help save lives, permit
us to emerge from seclusion, and accelerate the recovery of our local
economy. Please, do the right thing.
Thank you.
MR. MILLER: Your next speaker is Judith Belmont. She'll be
followed by Bonnie LaFemina, and then, in our HR overflow room,
Loissa Antoine.
Ms. Belmont, are you with us?
MS. BELMONT: Yes, I am. Can you hear me?
MR. MILLER: Yes, ma'am. Please begin.
MS. BELMONT: Okay. Unnecessary sickness and death is
happening because mask wearing has become politicized. The virus
does not care if you're Republican, Democrat, left, or right. This is
no time to politicize science while so many people are sick, dying,
afraid, losing their livelihoods and businesses.
With personal rights come the corresponding responsibilities not
to harm others carelessly. We need to act responsibly and do our
July 14, 2020
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part to make this country safe again.
Mask wearing is not about just own personal rights and your
choice. It's about your responsibility to others as a citizen. Do you
have a choice to harm someone and even kill them? I don't think
people really understand that this is not about your personal rights.
It's about being safe for others. We have evidence that masks work.
Look at the great job New York and New Jersey has done, as so
many other countries around the world. The graphs do not lie.
I am incredulous on how many people are citing facts that are
not there listening here today. Such ignorance is just astounding.
People who think mask wearing is an affront to their rights are either
being ignorant or selfish. This is a public health issue. We are in a
pandemic.
There are plenty of facts out there, and they are either being
misinterpreted or ignored. When people say there's no evidence that
masks work, that's outright false according to scientists who know
best, including our top CDC expert, Dr. Fauci, our surgeon general,
and the medical community today in the Naples Daily News that ask
for a mandate for masks.
Why are so many people so anti science? Wishful thinking
does not make us safer. This is like the emperor with no clothes.
There's a pandemic out there. This is not a little flu that will
magically disappear. How much more sickness and how many more
deaths will we tolerate until we have a mask mandate?
CHAIRMAN SAUNDERS: Your time is up. Thank you very
much.
MR. MILLER: Thank you so much.
Your next speaker is Bonnie LaFemina. She will be followed
by Loissa Antoine and then Cheryl Childress.
Ms. LaFemina, are you with us?
MS. LaFEMINA: Yes. It's Bonnie LaFemina.
July 14, 2020
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MR. MILLER: I'm sorry about that. Please go ahead.
MS. LaFEMINA: Good afternoon. Chair Saunders and the
Commissioners, I do appreciate you allowing me to take a few
moments to speak today. I will be brief.
I am a full-time resident of Collier County for almost 17 years
now. I've been working in healthcare for many years, and I've also
recently gone back to school at FGCU, and I'm in the health science
program. I study health science, epidemiology, and ethics and law
and healthcare, among many other subjects.
There have been many, many comments about science and
individuality in this hearing today, and it's frustrating to hear the
ignorance and the selfishness.
We're called upon to take care of each other and to look out for
each other, and this is a public health crisis. Our rate of positivity
with this virus has continued to increase, and there have been studies
upon studies that mask wearing helps.
In fact, I just pulled a recent study on the community use of face
masks and COVID-19 evidence from a national experience of state
mandates in the U.S. This study was just published June 16th, 2020,
and discusses and provides evidence from 15 states plus D.C.
between April 8th and May 15th and how it's shown mask wearing
has lowered cases of COVID-19.
Now, aside from many studies that have taken place, our
physicians and healthcare providers have implored us to enact a
mandatory face covering, something that would be considerable to
use in enclosed spaces, something that's reasonable. And I implore
this board to please have the courage to fight against fake information
that's being put out there and propelled in the media and in social
media and among some of the speakers citing very old science.
I also want to say it has been four months since I've been able to hug
my family.
July 14, 2020
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CHAIRMAN SAUNDERS: Excuse me. Your time is up.
We have to keep on moving.
MR. MILLER: Your next speaker in our HR overflow room is
Loissa Antoine. She will be followed by Cheryl Childress and
Dr. Marcia Maloni.
Loissa, are you there?
MS. ANTOINE: Yes, I'm here.
MR. MILLER: You have two minutes, ma'am. Please begin.
MS. ANTOINE: Hi. Well, I'm not really here to talk about
masks. I've been here since 8:00 a.m. trying to talk.
I want to talk about how they're going to benefit our community,
and when I mean "our community," the low-income community, the
brown and black community.
I know they want to send us back to school, but at the end of the
day, a lot of you guys up there don't know how it feels to be in a low
income. So how are these parents going to afford to send their kids
back to school? A lot of us can't afford to give our kids the high,
top-notch masks and goggles that you guys want us to have. And a
lot of parents don't have health insurance or healthcare to afford to
get their kids tested.
There's a lot of major issues, and I feel like you guys are going
of the top a little bit. How are we going to provide for us? Like,
what is going to be done?
Collier County sees a lot of money, but a lot of communities like
Immokalee, Golden Gate, the Manor, Lely, we don't see that. It goes
to only the higher income, the rich people. What about us? We
seem not to matter.
We've been out here since 8:00, and no one will let us inside to
talk, and now we have no choice but to sit here and talk about masks
because that's the only thing you guys care about. You guys care
about what you guys want to care about, but what about us? We are
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the future. We matter. But, once again, we get shut out and shut
out and shut out.
So, what I really want to know is how you're going to better our
community, the people that really need it. A lot of us don't have
money. A lot of us are out of work. And when I mean "us," people
that look like me. In case you guys can't see me, or if you can, I'm a
black young woman just trying to make it. So how are you going to
help the next girl or the next young man that looks like me and can't
afford to do the things that you guys want us to do? We're still out
of the work. We have no money. We have not been provided extra
help. So, what's the next step for us.
CHAIRMAN SAUNDERS: All right. Thank you.
MR. MILLER: I'm going to assume she's concluded.
Your next speaker is Cheryl Childress, followed by Dr. Marcia
Maloni and then David Gamber.
Cheryl Childress, are you with us, ma'am? Cheryl?
MS. CHILDRESS: Hello.
MR. MILLER: Cheryl, yes. Your time is starting. Please
begin.
MS. CHILDRESS: Okay. Statistics seem to point to countries
with a high mask wearing culture experience fewer cases and deaths.
To compare Taiwan, which has a mandatory mask policy, with a
population of over 23 million, with Florida at over 21 million
population: Taiwan has only 451 confirmed cases and seven deaths.
Florida has over 269,000 confirmed cases and over 4,000 deaths.
This comparison is stunning.
The CDC and the Florida Department of Health both
recommend that everyone wear face mask coverings in public
settings and when around people who don't live in your household
and when social distancing is difficult to maintain. And now, the
Surgeon General, Jerome Adams, has changed his recommendation
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to wear masks to slow the spread.
Recently, the Collier County Medical Society is also urging you
to make masks mandatory, and the Collier County tourism council
has made a recommendation that you consider a mask mandate.
In Collier County, the number of confirmed cases are rising as
well as deaths. It is evident to me that not taking any precaution can
and has resulted in a wider spread of the disease. People need to
understand the seriousness of this situation, and if they won't wear
masks voluntarily, there needs to be a mandate.
Together we can slow the spread. It is time for the
Commissioners to put your constituents first and vote to mandate the
masks.
Thank you for your consideration.
MR. MILLER: Your next speaker is Dr. Marcia Maloni. She
will be followed by David Gamber and then Stephen McCloskey.
CHAIRMAN SAUNDERS: And, Troy, how many more
speakers do we have?
MR. MILLER: I'll check during the speaker. But at last check
we still had over 90 people connected online, sir. But we'll go back
and effort that. Maybe we can get a better list of who's already
participated on the break.
CHAIRMAN SAUNDERS: All right.
MR. MILLER: Ms. -- excuse me. Dr. Maloni, are you there?
Marcia Maloni.
(No response.)
MR. MILLER: All right. Let's move on and try David
Gamber. David Gamber, are you with us, sir?
(No response.)
MR. MILLER: All right.
MR. GAMBER: Yes, I am.
MR. MILLER: Mr. Gamber, thank you. You have two
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minutes, sir. Please begin.
MR. GAMBER: By your actions, or lack of, you have
endorsed as an acceptable number of Collier County residents to die
as 96. How many more to meet your tolerable number?
This is not a political issue. It's a public health issue. The use
of seat belts in our cars started out this way. Those that saw the
value in saving lives wore them. Those that argued that their
freedoms were being taken away didn't wear them. Common sense
went out, and laws were passed to save lives.
The same naysayers who complained about freedom then feel
it's okay for them to spread COVID-19 to others and refuse to wear
masks. What about the freedom of those who wear masks? When I
wear a face mask, I do so to protect you, and I respect you. Why
won't you do the same to protect me and everyone else?
Not only is tourism being affected, when Floridians travel, they
now have to quarantine themselves for 14 days should they go to
New York, Chicago, Pennsylvania and elsewhere in the northeast.
Noted economist, Paul Krugman, in a recent COVID-19 column
of his stated, I don't know about you, but I'm feeling more and more
as if we're all trapped on the titanic, except that this time around the
captain is a madman who insists on steering straight for the iceberg,
and his crew, that would be you, council people, just -- is too
cowardly to contradict him, let alone mutiny to save the passengers.
In just two weeks Collier County has recorded 2,606 new cases.
That represents 40 percent of all cases since recording began in
March. In the same time period, 15 new deaths have occurred.
That number represents 15.6 percent of all deaths in Collier County
since recording began. That's just two weeks.
CHAIRMAN SAUNDERS: I'm sorry, sir. Your time is up.
We need to keep on moving.
MR. MILLER: Your next speaker is Stephen McCloskey.
July 14, 2020
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He'll be followed by Deborah Cruise and Suzanne Cherney.
Mr. McCloskey, are you with us, sir?
(No response.)
MR. MILLER: All right. Oscar, if you're listening, we're
going to try Deborah Cruise.
Ms. Cruise, are you with us?
MR. McCLOSKEY: Hello. Can you hear me?
MR. MILLER: Oh. Is this Mr. McCloskey?
MR. McCLOSKEY: It is, yes, sir.
MR. MILLER: We can now hear you. You have two minutes.
Please begin.
MR. McCLOSKEY: Okay, thank you.
Here in Collier County we're on our own about masks. There is
no leadership forthcoming from the state or federal government on
this issue.
You five elected commissioners are charged with protecting the
health of your constituents. COVID-19 is exploding across Florida.
Requiring masks will slow the spread as proven by the data, science,
and medicine.
This virus kills and maims. It spreads from both the
symptomatic and the asymptomatic to others. A spike in deaths
among the elderly is surely coming soon since the young are now
getting infected and spreading the virus. Perhaps fear of the political
consequences is driving the inaction on masks by some on the Board.
While that is understandable, it's not acceptable.
If the Board really cares about tourism and business in Collier
County, then the Board will pass a mask ordinance now.
The Collier County Chamber of Commerce is in favor of it.
People will not patronize businesses, and tourists will not come to
Collier County because they will not feel safe.
If you don't want to wear a mask, stay home. If you don't wear
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a mask, I'll stay home. We all need to protect ourselves and each
other. I prefer to wear a face mask to a ventilator mask. Wouldn't
you? You can't avoid a hard decision by agonizing about
enforcement. People said the same thing about seat belts. If the
Board leads by example and passes a mask ordinance, your
constituents will follow.
CHAIRMAN SAUNDERS: Thank you. Your time is up.
MR. MILLER: Mr. Chairman, your next speaker is Deborah
Cruise. She'll be followed by Dr. Rebecca Smith and Jill Sasso.
Ms. Cruise, are you with us, ma'am?
MS. CRUISE: Yes.
MR. MILLER: Please begin.
MS. CRUISE: Thank you very much. I'm going to be very
brief, and I'll follow your direction to say support or don't support. I
support face masks.
Thank you, Commissioner Solis, for providing this leadership to
our county, and I hope the rest of you sitting up there not wearing
masks can show that you care about your constituents in some other
way, because you're not caring about us.
CHAIRMAN SAUNDERS: Thank you. And I'll, again, say to
the speakers that are online waiting, if you can follow that example,
that would be appreciated. Let us know if you support the ordinance
or if you don't support it. We've heard probably every argument that
can be made pro and con at this point. But we're not going to
deprive anybody of the opportunity to speak. So if you could help
us out on that, that would be appreciated.
MR. MILLER: Okay. Dr. Rebecca Smith, followed by Elaine
Bogdanoff and then Dr. Rebekah Bernard.
Dr. Smith, are you with us?
DR. SMITH: Yes, I am. Thank you.
MR. MILLER: Please begin.
July 14, 2020
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DR. SMITH: Yes. I am supportive of the mandate requiring
facial coverings of all citizens in all public places where social
distancing cannot be performed safely, and I'll leave this to the others
to give their feelings. But I am in favor of the mandate.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Elaine Bogdanoff,
followed by Dr. Rebekah Bernard and then not Patty Huff.
Ms. Bogdanoff -- I hope I'm saying that right -- are you with us?
(No response.)
MR. MILLER: Elaine Bogdanoff?
(No response.)
MR. MILLER: All right. We'll try Dr. Rebekah Bernard.
Dr. Bernard, are you with us?
DR. BERNARD: Yes, I am. I'm here.
MR. MILLER: Please begin, Dr. Bernard.
DR. BERNARD: Thank you. I'm speaking with you on behalf
of the Collier County Medical Society in favor of a mask mandate.
Last week the Medical Society formed an ad hoc COVID-19
task force committee. We met via Zoom, and members of the task
force unanimously supported asking the Commission to enact face
covering requirements for residents who are in close proximity to
others within indoor areas.
We found that there is strong support for this mandate within the
local medical community. We started a petition which we have now
over 700 signatures. We originally intended that to be for physicians
only, but because this is such a hot-button issue, many other
community members began to sign that petition.
As physicians, we believe that the scientific evidence is
sufficient to show that the use of masks can decrease the spread of
COVID-19 to others.
We also note that businesses are requiring their employees to
July 14, 2020
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wear masks to protect customers, but these employees are at risk
when customers do not wear masks in return. One of my patients
was recently talking with me tearfully about the fact that she's afraid
she is going to bring the virus home to her immune-compromised
daughter. She told me that customers will not wear masks when
they're shopping, and some have even coughed and sneezed in
proximity to her, but she's unable to stay home from work because
she relies on her income to provide for her family.
While wearing masks can feel uncomfortable, they do not cause
serious health hazards for most people, and one alternative for
patients who are unable to wear a mask because of a medical
condition would be to wear a plastic shield instead to block droplet
spread.
Thank you, Commissioners and our neighbors, for your support.
MR. MILLER: Your next speaker -- we're going to go back.
Elaine Bogdanoff, Ms. Bogdanoff, and then followed by Patty Huff
and George Russell.
Ms. Bogdanoff, are you with us?
DR. BOGDANOFF: Yes. Dr. Bogdanoff.
MR. MILLER: Oh, I'm sorry. I did not have "doctor." Please
begin, ma'am.
DR. BOGDANOFF: That's okay.
While Florida has forth [sic] 12,000 new COVID cases this past
Sunday, if it were a country, it would be fourth in most new cases.
The increased cases are not the result of increased testing. If they
were, hospitalizations would not be increasing.
Florida had 7,000 hospitalizations Friday; 8,000 yesterday.
Forty hospitals across Florida have no remaining ICU beds. Florida
hospitals are using refrigerated trucks as auxiliary morgues.
Our local counties have and will see an influx of visitors from
counties that have tightened restrictions or rolled back their openings.
July 14, 2020
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Florida's positivity rate is currently above 15 percent. CDC suggests
5 percent or lower for 14 days prior to reopening from lockdown.
If our goal is to preserve our local economy while also
preserving lives and flattening the curve, we need a solution. How
do we do this? Japan has had less than 1,000 total COVID deaths.
Japan is 12 times more densely populated than the United States.
They have more elderly per capita than any other nation. They never
did a complete lockdown. How did they do it? Virtually everyone
wears a mask.
Florida adopted the Indoor Clean Air Act which prohibits
smoking in indoor environments. This smoking ban limits the public
act of expelling toxins from one's respiratory system that are
potentially harmful to others. Coronavirus is airborne. A mask
mandate would eliminate the public act of expelling toxins from one's
respiratory system that are potentially lethal to others.
Studies show that COVID-19 transmission could be reduced up
to 33 percent if 95 percent of the population wore masks.
Remember this: 30 to 45 percent of those who test positive are
asymptomatic spreaders. So, if you're standing in a room of 10
people, over four of them could be spreading COVID-19, and neither
you nor they will be aware of it.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is -- your next speaker is
Patty Huff. She will be followed by Richard Zelinka and then
Shawman Meireis, if I'm saying that correct.
Ms. Huff, are you with us?
CHAIRMAN SAUNDERS: After the next two speakers, we'll
take a court reporter break.
MR. MILLER: Thank you, sir.
Ms. Huff? Patty Huff, are you with us?
MS. HUFF: Yes.
July 14, 2020
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MR. MILLER: Please begin, ma'am.
MS. HUFF: Okay, thank you.
I would like to express my support for requiring face coverings
in public places in Collier County. We're in the middle of a crisis,
and I would hope that our county commissioners would react as they
would in any crisis.
Every summer we prepare for hurricane season and have a plan
if we are threatened. Today we are threatened with a similar crisis.
One that has already taken the lives of 96 of our residents as of today.
Many more than any hurricane that has passed through here.
How many more lives will be lost? How many more thousands of
people will be infected or hospitalized? All I ask is that you treat
this like any other emergency. Deaths and hospitalizations are
preventable with this virus.
It has been proven that masks and social distancing work. The
lives and health of our citizens are dependent upon your decision. It
is truly a life or death situation. People are dying.
Collier County is ranked No. 10 out of 67 Florida counties for
the number of deaths. If Collier was getting a direct hit from a
hurricane, you would take the appropriate steps to protect our
citizens. Why not be as proactive during this crisis? This will help
our people get back to work and visitors back to our county.
Thank you. And I would just like to thank Commissioner Solis for
bringing this back and doing the right thing. Thank you.
MR. MILLER: Your next speaker will be Richard Zelinka, and
then we will take a court reporter break.
Mr. Zelinka, are you with us, sir? Richard?
MR. ZELINKA: Yes. I am, yes.
MR. MILLER: Thank you, sir. You have two minutes.
Please begin.
MR. ZELINKA: Thank you. I'm speaking in support of the
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mask ordinance proposed by Commissioner Solis, and I thank him
for it.
I had a lot of prepared remarks. I'll forget all of those.
I've been listening to the arguments that have been made here
against, and they seem to boil down to the whole thing is a hoax,
notwithstanding the death and the sickness and the rising number of
cases and hospitalizations and positivity rate. It's all a hoax.
Masks don't work, notwithstanding that the W.H.O., AMA,
Surgeon General, and medical authorities around the world find them
effective; that the ordinance is unenforceable because a few people
are not going to obey it as if, you know -- and we shouldn't have
speeding laws or laws against theft because people won't obey those
either; and even though these mask ordinances are generally enforced
all around the world and in many states in the United States; and that
we have some kind of a constitutional right to infect each other and
infect our neighbors. I think that's just nonsense.
I'm an attorney. I've studied constitutional law. I agree with
Commissioner Solis. That's just nonsense.
And, finally, there seemed to be an argument, frankly, that
tourists will flock to Naples because it's a COVID hotspot because
we're ignoring the virus. The people won't stay away because people
are being infected, and the virus is out of control here, but they'll
flock here for that. Is that really what we want, to announce to the
country and the world that we don't believe the virus is real and that
we don't want to do anything to control it, so come on down and
party? That seems to be the arguments that are being made against
this ordinance. I don't find that any of them hold water, and I am in
support of the ordinance.
And the last thing I'd say is that if you don't do this, the message
to me as a senior is I have to stay at home forever so that people who
are denying science and have made up constitutional law can party
July 14, 2020
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like the pandemic is done and dusty.
CHAIRMAN SAUNDERS: Thank you. Let's take a break
until 4:50. That's 16 minutes. Is that all right? All right. We'll be
back at 4:50.
(A brief recess was had from 4:33 p.m. to 4:50 p.m.)
CHAIRMAN SAUNDERS: Ladies and gentlemen, the
meeting of the County Commission will please come back to order.
Troy.
MR. MILLER: Mr. Chair, we still have 90 people online. We
are doing some --
COMMISSIONER FIALA: How many?
MR. MILLER: Mr. Chairman, we still have 90 people online.
We are doing some double scrubbing.
COMMISSIONER FIALA: Didn't you tell us about two hours
ago that was 100?
MR. MILLER: Well, what's happened is we had 172
registered. Registration was cut off at 1:00 when the item begun.
When we started the meeting, we had about 80 or 90, 100 people
online. The balance of the 172 are beginning to join us
systematically as we go along. So as some drop off, more join.
CHAIRMAN SAUNDERS: Yeah. Let's go ahead and start.
At some point we're going to have to close the public hearing, but
let's see how far we can get over the next hour.
MR. MILLER: All right. And I will echo your sentiments, if
we can get the speakers to say for or against in the fewest words
possible, that would be great.
Next up will be Suzanne Cherney, followed by Shawman
Meireis -- I hope I'm saying that right -- and Gloria Hagopian.
Ms. Cherney, are you with us, or Cherney?
MS. CHERNEY: I am.
MR. MILLER: Ma'am, you have two minutes.
July 14, 2020
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MS. CHERNEY: Thank you so much for the opportunity to
speak.
I just want to share some thoughts with you that come from my
40 years of public health including 10 years trying very hard to help
the international fight against HIV/AIDS.
And one of the things we've learned from that epidemic is that,
as happens with many, many epidemics, there is a wishful thinking
about it, a hope that it will go away, a lack of trust that it is what the
doctors say it is and so on.
And I saw that acting out especially in developing countries in
Africa and elsewhere where many people didn't even understand the
germ concept of disease, that a little thing like a virus could cause
such devastation.
And while I understand that in developing countries, I'm really
dismayed to see it playing out in Southwest Florida in a supposedly
educated population where people seem to feel that their own
personal wishes for denying the seriousness of the epidemic or the
efficacy of the tools that we have to curb it just are -- fly in the face
of rational thought and science.
I think that it's really important that we should be wearing
masks. I'm very sorry that it has to come to a mandatory order. I
wish it were not so. But I think in view of a significant population,
minority I hope, that is dead set against mask wearing and for really
fantasy reasons, I'm afraid that we have no other option, and I would
ask the people who are against masks, what do they propose to bring
this runaway epidemic under control? We have no vaccine yet. We
have no cure. We are left with really these minimal tools, but they
do work.
CHAIRMAN SAUNDERS: Thank you. Your time is up.
Let me ask the Board as we go forward here, I think it might be
appropriate to, again, limit the amount of time that speakers have.
July 14, 2020
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I'd like to suggest, perhaps, that we go to one minute. That will give
people an opportunity to quickly say that they support this or they
don’t; otherwise, we're going to have about three more hours of
comment -- and I think we need to shorten that.
COMMISSIONER McDANIEL: And you will have to buy the
pizza.
CHAIRMAN SAUNDERS: That would be the main thing.
COMMISSIONER FIALA: I didn't hear what you said.
COMMISSIONER McDANIEL: He's just trying to get out of
buying the pizza.
CHAIRMAN SAUNDERS: No. I'm suggesting that -- and I
hate to do this, but we've got 90 speakers. We've been at this now
for almost four hours in terms of the COVID issue. I don't want to
cut anybody off, but I'm suggesting that perhaps we go to a
one-minute time limit. That will give people an opportunity to
quickly state their position and why, and I think that will give
everybody an opportunity to speak.
Commissioner Taylor.
COMMISSIONER TAYLOR: I would really concur with your
decision.
CHAIRMAN SAUNDERS: Okay. All right. Any objection
to doing that?
COMMISSIONER TAYLOR: Your comments.
CHAIRMAN SAUNDERS: We have one speaker that is -- the
last speaker that you just called will have two minutes, but for all the
other speakers, we're limiting time now to one minute. I apologize
for having to do that, but that will give you an opportunity to speak.
It will give you an opportunity to state your position and your
reasoning for that position.
Troy.
MR. MILLER: Thank you. Your next speaker is Shawman
July 14, 2020
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Meireis. I'm sorry if I'm saying that last name wrong. Followed by
Gloria Hagopian and Cathy O'Brien.
Shawman, are you with us?
MS. MEIREIS: Yes, thank you. Hi. My name --
MR. MILLER: You have one minute.
MS. MEIREIS: -- is Shawman Meireis.
Hi. I have my BSBA from Boston University. My MBA from
Duke University (audio interruption) School of Business and work as
a management consultant (audio interruption) experts in
immunology, epidemiology, and public health.
I've been a resident for 10 years and (audio interruption) support of
the mask ordinance.
I'm going to skip over a couple of things. And leading off of
what the previous speaker said, I haven't heard any alternatives from
the opposition. In absence of (audio interruption) or an effective
vaccine, what are our options as a county to curb the economic health
impacts of this deadly epidemic?
One of the things we do know is that it's spread via respiratory
droplets. The majority of large studies in current real-world
epidemiology confirms that masks reduce the propulsion of
respiratory droplets.
I'd like to share a couple of pieces of empirical evidence for you
to reference. The first is titled "Face masks against COVID-19," an
evidence review published by PNAS on the 10th of April with 96
references. A meta-analysis of 172 studies was published on
June 24th in the Lancet, Volume 395, and publisher Elsevier, also
have has coronavirus information center with (audio interruption).
Also, the New England Journal of Medicine has responded to
the use of its April 1st article, which was quoted many times today,
indicating that their intent was to push for more masking, not less. I
quote, Universal masking helps to prevent asymptomatic or
July 14, 2020
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presymptomatic people from (audio interruption) the virus (audio
interruption) secretions whether they recognize that they're infected
or not.
CHAIRMAN SAUNDERS: Troy, was that two minutes?
MR. MILLER: That was one, sir.
CHAIRMAN SAUNDERS: Okay. I'm sorry. You still have
about a minute left.
MS. MEIREIS: Thank you.
As a constituent, I expected that all of the commissioners would
have performed sufficient research of peer reviewed journal articles
regarding the efficacy of masks rather than putting someone on the
spot.
I'm also disappointed that a commissioner incompletely quoted
the CDC website, misconstruing the current statement regarding
epidemic morality rates. This is not about fear, opinion, or politics.
This is science. You don't have the right to get me sick, and with
COVID-19, you can't guarantee that you're healthy. If an
asymptomatic person without a mask expels droplets near someone
with a mask, that person still has a moderately high chance of
contracting the disease.
The likelihood of contagion drops significantly when both
people are wearing a mask. We can reduce the risk posed by
asymptomatic spread simple by mandating masks. If you don't want
to wear a mask, you have the freedom of choice. Wear a mask or
stay home.
Thank you.
CHAIRMAN SAUNDERS: Thank you. All right. For the
remaining speakers, we're going to limit that to one minute. I
apologize again for that, but we need to --
MR. MILLER: That was my confusion by starting that too
soon.
July 14, 2020
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Let me remind the speakers, even though we are dropping down
the one minute, the faster you talk, the harder it is for us to not only
hear but for the court reporter to get your words down. So, I'm
going to ask you one more time, please try to monitor your speed
there.
Our next speaker is Gloria Hagopian, followed by Cathy
O'Brien and JoAnn Aycock.
Ms. Hagopian. Gloria? Am I saying that right?
MS. HAGOPIAN: Yes.
MR. MILLER: You have one-minute, ma'am.
MS. HAGOPIAN: My name is Gloria Hagopian. I'm a retired
professor of nursing. I have a doctorate in education, and I'm
speaking in favor of a mandated face mask.
The current scientific research that I've read supports the benefit
of wearing a mask and shows that virus droplets are generated just by
talking and can linger in the air for hours. When masks are worn,
nearly all the droplets are blocked.
I've spoken with an expert on the Constitution, and he says that
the government has the authority to enforce compulsory laws. Any
society which has the responsibility of preserving the safety of its
members has the right to constrain individual liberty.
In your board's mission, vision, and guiding principle statements
you indicate that you're responsible for protecting the health and
welfare of the community. You also say that you will mitigate the
impact of disasters, and you do say that you will do the right thing
even when it is unpopular.
Well, we have a disaster, COVID-19. Please follow your
mission, vision, and guiding principles. By your inaction, you are
prolonging the crisis --
CHAIRMAN SAUNDERS: Thank you very much.
MR. MILLER: All right. We'll move on. Your next speaker
July 14, 2020
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is Cathy O'Brien, followed by JoAnn Aycock and Sally Woliver.
Ms. O'Brien, are you with us?
MS. O'BRIEN: Yes, I am.
MR. MILLER: One minute, please.
MS. O'BRIEN: Okay. My name is Cathy O'Brien, and I am a
full-time resident of Naples.
I support an ordinance that requires people to wear face masks
to slow the spread of coronavirus. Masks work. We need to listen
to the healthcare experts.
Most of my points have been covered by other pro-mask
advocates except for the following: Last Friday Judge John Cooper
of the Second Circuit Court of Florida found that their county's mask
ordinance does not violate any constitutional rights. Judge Cooper's
rulings cited evidence that face masks can help prevent the spread of
the virus, and the ordinance has a valid basis to protect public health.
This pandemic is real. To feel safe, we need steady, significant
declines in rates in cases.
Please be leaders. Masks work. Protect public health and pass
a mask ordinance. Thank you.
MR. MILLER: Your next speaker is -- oops. I've lost my
page. Your next speaker is JoAnn Aycock, followed by Sally
Woliver and then Jackie Kostic.
JoAnn, are you with us?
MS. AYCOCK: Yes, I am.
MR. MILLER: Please begin.
MS. AYCOCK: Okay, thank you.
I am a strong proponent of the mask mandate in Collier County,
and I strongly ask that you pass that.
I will just point out a couple of things since many health
professionals have already given the reasoning behind this. But
toward the beginning of your hearing there, of course, many people
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that spoke were against the ordinance. That's because they were
willing to come down there and risk their health not wearing masks
or are around people that are not wearing masks.
Here in the last hour or so all of us who are getting the chance to
speak are opposed to it or for the mask mandate, I'm sorry, as you've
heard.
And I suspect if anyone doesn't get to speak, that will also be the
case.
I just also would like to add that I'm one of the local residents,
full-time local residents that I do not go out in public into
establishments because I have no idea whether the employees and the
other visitors there will have on masks or not.
CHAIRMAN SAUNDERS: Thank you.
MS. AYCOCK: So, unfortunately --
MR. MILLER: All right. Thank you. Your next speaker
is -- I'm sorry?
CHAIRMAN SAUNDERS: No, I was going to say time was
up. Again, remind speakers they have that one minute.
MR. MILLER: I will do that. Speakers, let's be mindful, we
have one minute now. You have one minute to sum up your
comments.
Your next speaker is Sally Woliver, followed by Jackie Kostic
and then Monica Ludwig.
Ms. Woliver, are you with us?
MS. WOLIVER: Yes, I am.
MR. MILLER: You have one minute, ma'am. Please begin.
MS. WOLIVER: My name's Sally Woliver. I'm a 29-year
resident of Golden Gate Estates.
Thank you very much for the opportunity to tell you that I am in
support of a mask ordinance. If it would help, I'd buy you-all your
pizza tonight. Thank you for the opportunity to make remarks.
July 14, 2020
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CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Jackie Kostic, followed
by Monica Ludwig and then Cindy Grossman.
Ms. Kostic, are you with us?
MS. KOSTIC: Yes, I am.
MR. MILLER: You have one minute.
MS. KOSTIC: Can you hear me?
MR. MILLER: Yes, ma'am. One minute. Please begin.
MS. KOSTIC: I'm a full-time Naples resident, retired
healthcare professional and a senior citizen who falls into the most
vulnerable category for complications for COVID-19.
I strongly urge the Commission to pass this ordinance for face
masks immediately. We must create a new norm in Collier County.
I personally am very frightened by this pandemic, and I don't
frighten easily. I had a career in New York City as a registered
nurse during AIDS crisis, SARS epidemic, TB outbreaks, and the
Twin Towers. I'm a member of the New York City 911 Disaster
Committee.
Over the years, Americans have embraced new ways of
behaving when it mattered and created new norms. Examples have
been cited today as the seat belts, the wearing of gloves, actually, to
draw blood. I don't think anyone would think that -- that came out
of the AIDS crisis, and how about the uproar over the ban on
smoking in residence -- in restaurants?
CHAIRMAN SAUNDERS: Thank you very much.
MR. MILLER: Your next speaker is Monica Ludwig, followed
by Cindy Grossman and then Joan Saperstein.
Ms. Ludwig, are you with us?
MS. LUDWIG: Hello. Yes, I am. Can you hear me?
MR. MILLER: Yes, ma'am. One minute. Please begin.
MS. LUDWIG: Yes, thank you.
July 14, 2020
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First of all, I want to commend Andy Solis to bring this to the
front, and I'm strongly in favor for a mandated mask wearing. I'm
also an attorney, and I completely agree with him on that -- on the
legal issue.
I'm 73 years old. I am in a, how shall I say it, vulnerable
position, and I think that now the off season is the time to enact
measures to bring this under control so that when we get to the
season we are able to welcome visitors again to this area.
The last thing I want to say is that -- as to Mr. Alfie Oakes,
I'm -- I'm perhaps the only one that sees the irony of someone who
thinks this pandemic is a hoax to receive between 2 to $9 million in
PPP funds.
CHAIRMAN SAUNDERS: Okay. Thank you --
MS. LUDWIG: Thank you.
CHAIRMAN SAUNDERS: Thank you very much.
MR. MILLER: Your next speaker is Cindy Grossman,
followed by Joan Saperstein and then Laraine Deutsche.
Ms. Grossman, are you with us?
MS. GROSSMAN: Yes, I am.
MR. MILLER: Please begin. You have one minute.
MS. GROSSMAN: Can you hear me?
MR. MILLER: Yes, ma'am. You have one minute.
MS. GROSSMAN: I'm a full-time -- a full-time resident at
high risk for COVID who wishes she was somewhere safer and who
is considering moving somewhere which will follow science.
We need a mask mandate for everyone except people with a
legitimate medical issue. Many speakers have missed the point that
masks are not to protect the wearer. They're to protect the other
people. Don't I have a constitutional right not to be infected by
selfish or uninformed people?
And for those who doubt the science, why not err on the side of
July 14, 2020
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caution given the life and death stakes?
One reason people oppose the mask mandate is their lack of
knowledge about the virus, and people who don't pay attention to the
science news should not be allowed to endanger the rest of us. Like
many don't know that asymptomatic people can infect other people or
that there are certain categories of high-risk people. Except for in
needed -- for needed in-person doctor appointments, the last two
times I was out in public was back in March, and both times a
customer near me coughed into the air in spite of tons of publicity at
that point about the need to cover your mouth.
People don't pay attention, and so a mask mandate is needed.
CHAIRMAN SAUNDERS: I'm sorry. Thank you for your
comments.
MR. MILLER: Your next speaker is Joan Saperstein, followed
by Laraine Deutsche and Dr. Marcia Maloni.
Ms. Saperstein, are you with us?
CHAIRMAN SAUNDERS: For the speakers, keep in mind we
have a one-minute time limit so you can state your position and your
rationale for that position.
MS. SAPERSTEIN: Can you hear me?
MR. MILLER: Yes, Ms. Saperstein. You have one minute.
MS. SAPERSTEIN: Okay. My name is Joan Saperstein. I'm
a Collier County concerned citizen. I am in favor of the mask
mandate.
Why wouldn't we do something to protect our family, friends,
and neighbors? Why don't we listen to the experts who know more
about our aerolization [sic] than we do? In fact -- and there are some
places where you cannot social distance or people who won't social
distance.
This talk about masks discouraging tourism is ridiculous after
all. Disney World is requiring masks. People won't come to Collier
July 14, 2020
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County if it's unsafe to do so. We need to do whatever we can to get
control of the spread of this virus.
Thank you.
MR. MILLER: Your next speaker is Laraine Deutsche. She
will be followed by Dr. Marcia Maloni and Dr. Richard Conrath.
Ms. Deutsche, you'll have one minute. Are you ready?
(No response.)
MR. MILLER: Ms. Deutsche? Laraine Deutsche?
Oscar, let's move on.
Dr. Marcia Maloni, Dr. Maloni, are you with us?
(No response.)
MR. MILLER: Ms. Maloni?
(No response.)
MR. MILLER: All right. Let's move on.
Dr. Conrath, are you with us? Dr. Richard Conrath?
(No response.)
MR. MILLER: All right. I'm being cautioned here that I have
a little bit of a technical issue across the hall with our Zoom,
Mr. Chairman. Wait, I have someone there. Is this Ms. Deutsche?
MS. CONRATH: No, this is Conrath.
MS. DEUTSCHE: This is Deutsche.
MR. MILLER: Let's do one at a time. Ms. Deutsche, you're
there. We're going to have you go ahead and go. Ms. Deutsche,
you have one minute.
MS. DEUTSCHE: Okay. I am reading from the American
Association -- from the American Association for the Advancement
of Science from June 26th, 2020, and this is data from America's
greatest scientists.
By the time symptoms occur, the patient has transmitted the
virus without knowing, increasing evidence for SARS -- it's about the
aerosols. Okay. I'll skip around.
July 14, 2020
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Breezes and winds often occur and can transport infectious
droplets and aerosols long distances. Asymptomatic individuals who
are speaking while exercising can release infectious aerosols that can
be picked up by air streams. It is highly contagious.
Ultimately, the amount of ventilation and number of
people -- for these reasons it is important to wear masks properly
fitted indoors. I know I'm jumping around.
Masks provide a critical barrier, reducing the number of
infectious viruses in exhaled breath, especially of asymptomatic
people and those with mild symptoms. From epidemiological data,
places that have been most --
CHAIRMAN SAUNDERS: I'm sorry. Thank you. Your
time is up there. Thank you.
MR. MILLER: Okay. Dr. Conrath, are you still with us?
Dr. Conrath? And then we'll follow Dr. Conrath with Mitchell
Bryars.
Dr. Conrath, you have one minute.
CHAIRMAN SAUNDERS: Let me remind the speakers that
one minute goes by very fast. As a matter of fact, I think it's about
60 seconds. So, state your position and your rationale. But trying
to get into scientific articles and things like that, that's just not going
to work in a one-minute time frame. But we want to hear your
opinion and your position.
MR. MILLER: Dr. Conrath.
DR. CONRATH: Okay. Can you hear me? This is Karen
Conrath.
MR. MILLER: Yes.
DR. CONRATH: Okay. Yeah, I'm taking this from an
economic development standpoint, like Mr. Solis did. My husband
and I own two rental properties on Sanibel. We've had a number of
calls from former guests and new potential guests. Their first two
July 14, 2020
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questions are, how safe is it to vacation this year, and do the
legislators have a mandate to wear masks? My answer is yes,
Sanibel is one of the safest spots in Florida. Feel comfortable
coming to our island and stay there.
Interestingly, the potential guests ask, is the surrounding area
okay? And, sadly, I have to say no. Sometimes my friends have
been shunned and mocked by wearing masks.
So now I would like to say that the people of Naples are not
going to have the same visitors. In fact, one person told me he used
to come to Naples and will now come to Sanibel. Economically, this
will be good for me.
And I just want to say, Commissioner Solis, I am a Democrat
but next -- in 2022, I will be working on your campaign.
CHAIRMAN SAUNDERS: Thank you very much.
MR. MILLER: Your next speaker is Mitchell Bryars, followed
by Frank Halas and Sarah Innis.
Mr. Bryars, are you with us?
MR. BRYARS: Hello.
MR. MILLER: Yes. You have one minute, sir.
MR. BRYARS: I'm glad to join you today. I'm absolutely in
favor of masks being a mandate in Collier County.
And I would like to add that there are many restaurants and
other retail establishments that do not require their employees to wear
masks and, if they're serving food, gloves, and this should not be
tolerated under any circumstance, thank you very much for your
attention.
MR. MILLER: Your next speaker is Frank Halas. He will be
followed by Sarah Innis and Judith Ivester.
Mr. Halas, are you with us, sir?
COMMISSIONER SOLIS: Commissioner Halas.
MR. MILLER: Commissioner Halas, are you with us, sir?
July 14, 2020
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MR. HALAS: Yes, I am.
MR. MILLER: Please begin, sir.
MR. HALAS: Can you hear me?
MR. MILLER: Yes, sir. You have one minute.
MR. HALAS: I live in a community here with 850 residents,
and it's independent living and also assisted living.
And we've been locked down here since March. And the
reason we can't leave is because there's not -- there's not an ordinance
out there for people to wear masks. And as -- we're basically told
not to leave unless it's just for medical appointments.
So, we at Bentley Village are in favor of a mask ordinance so we
can go out and shop and enjoy some of the things that we've been
locked down for almost five months now.
Thank you for your time. And, Commissioner Solis, thank you
so much for bringing forward this ordinance, and I'm right with you.
Take care, and remember, Commissioners, health, safety, and welfare
is your responsibility.
MR. MILLER: Your next speaker is Sarah Innis. She'll be
followed by Judith Ivester and Kristen Donovan.
Ms. Innis, are you with us? Sarah Innis?
MS. INNIS: Yes, I'm here.
MR. MILLER: Ms. Innis, you have one minute. Please begin.
MS. INNIS: Thank you.
It's difficult for me to understand why something as simple as
wearing a mask during a national health emergency has caused such a
furor. Wearing a mask has nothing to do with our rights as citizens
of the United States. It has to do with common sense and caring for
ourselves and other citizens during, again, a national health
emergency.
Thank you, Commissioner Solis. I strongly support wearing a
mask and a mask mandate. Thank you.
July 14, 2020
Page 222
MR. MILLER: Your next speaker is Judith Ivester followed by
Kristen Donovan and John Dwyer.
Judith Ivester, are you with us, ma'am?
MS. IVESTER: Yes, I am.
MR. MILLER: Please begin. You have one minute.
MS. IVESTER: I own a condo in Naples. Normally I rent it
out three months a year, and I spend another two months there
myself.
I'm in favor of a strong mask ordinance.
I've already backed out of one of my months, and I have not
even returned to Naples to pick up my car because of COVID.
Last week before the recent uptick, my renters for October notified
me they are afraid of keeping their commitment for the upcoming
season. Until the government of Florida takes this pandemic
seriously, renters and part-time residents will not be returning and
spending their dollars there.
I pay tourist taxes on my rentals. In a typical month of
residence, I have company 50 percent of the time, I eat out a third of
the time, and I'm going to 15 to 20 events.
Responsible management of the COVID crisis will bring a better
financial return to Collier County; the money spent on tourists,
advertising marketing, or promotions.
I ask that you follow the science and enact a strict mask
ordinance.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Judith Ivester, followed
Kristen Donovan, and John Dwyer.
Ms. Ivester. Judith Ivester, are you with us, ma'am?
MS. IVESTER: I hope you just heard what I had to say.
MR. MILLER: Oh, I'm sorry. I repeated the name. I'm sorry.
Next up is Kristen Donovan, followed by John Dwyer and
July 14, 2020
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Steven Perkins.
Ms. Donovan, are you with us?
MS. DONOVAN: Hi. Yes.
MR. MILLER: Please begin.
MS. DONOVAN: This is Kristen.
I just first want to express my gratitude to all of you for sitting
through such a long day and hearing all these different opinions.
Thank you so much.
And thank you, Commissioner Solis, for your phenomenal
presentation.
I am for a mask mandate. I believe it will make us all safer and
make people of differing health conditions feel more
comfortable to leave their homes, like my 86-year-old
grandmother with COPD. Thank you.
MR. MILLER: Your next speaker is John Dwyer, followed by
Steven Perkins and then Francine [sic] Hunt.
John Dwyer, are you with us, sir?
(No response.)
MR. MILLER: Mr. Dwyer?
(No response.)
MR. MILLER: Mr. Dwyer? One more time.
(No response.)
MR. MILLER: Let's try Steve Perkins. Mr. Perkins? Steven
Perkins, are you with us, sir? Mr. Perkins?
MR. PERKINS: Yes, I'm here.
MR. MILLER: You have one minute, sir. Please begin.
MR. PERKINS: Thank you.
Steve Perkins. Naples Park.
I fully support the passing of an ordinance or emergency order
requiring masks immediately.
If more education alone or some advertised encouragement
July 14, 2020
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would get us a larger portion of folks wearing masks, that would be
great, but we've been trying that for the last three months. We're not
getting there. Masking is simply an extension of respect and caring.
A mask ordinance is not forever, folks. Please, let's cover our
faces for each other. Thank you.
MR. MILLER: Your next speaker is Francine Hunt, followed
by Susan Hart and then Annisa Karim.
Ms. Hunt, are you with us? Francine Hunt?
DR. HUNT: Yes, I'm here.
MR. MILLER: You have one minute, ma'am. Please begin.
DR. HUNT: But I can't hear you. Hold on one second.
MR. MILLER: All right. Can you hear me now? Ms. Hunt?
Francine Hunt. Francie -- can you hear me?
(No response.)
MR. MILLER: Francie, you have one minute, ma'am.
(No response.)
MR. MILLER: All right, Oscar. Let's come back to that.
Susan Hart. Susan Hart?
DR. HUNT: Can you hear me now?
MR. MILLER: Okay. Francie Hunt, is that you, ma'am?
DR. HUNT: Yes, I'm here.
MR. MILLER: Okay. You need to -- you can begin. You
have one minute.
DR. HUNT: Ready?
MR. MILLER: Yes, ma'am.
DR. HUNT: I can't hear them.
CHAIRMAN SAUNDERS: All right. Let's go to the next
speaker, and we'll try to figure out --
MR. MILLER: All right. Susan Hart. Susan Hart, are you
with us?
(No response.)
July 14, 2020
Page 225
MR. MILLER: While Ms. Hart queues up here, I think
Ms. Hunt was listening to us on two different devices, and that was
causing some delay in feedback. So maybe we can get around that.
Susan Hart, are you with us?
MS. HART: Yes, yes. Can you hear me?
MR. MILLER: Yes, ma'am. Susan Hart, you have one
minute. Please begin.
MS. HART: Okay. I am in strong support of the mandatory
mask mandate because some people don't make good decisions.
In the development I live in, there is a person who has tested
positive for COVID. He is asymptomatic, and him and his
roommate have been going out daily without masks, spreading the
virus. I feel the only way to slow down the spread, instead of
speeding it up, is to mandate a mandatory mask ordinance.
Thank you.
MR. MILLER: Let's go back and see if we can get Francie
Hunt. Francie Hunt, are you with us, ma'am? Can you hear
me? Ms. Hunt?
(No response.)
DR. HUNT: Yes. Can you hear me?
MR. MILLER: Yes, ma'am. You have one minute. Please
proceed.
DR. HUNT: All right. My name is Dr. Francie Hunt. I'm a
retired professor. I moved here seven years ago, and I live here full
time.
I have multiple risk factors for COVID-19. If I catch this virus,
there's a very good chance I will not survive. So, I have been
following all the guidelines and precaution to protect myself, and I'm
thankfully in a position to be able to continue to protect myself by
isolating, wearing a mask, hand washing, and staying home.
However, many others in our community are not able to stay home
July 14, 2020
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and isolate. Some are hardwired to serve and protect our
community: The doctors, nurses, aides, police, emergency services,
first responders, essential workers. Wearing a mask protects them.
Others in our community -- in fact, the majority of people in our
community, your constituents, they cannot afford to stay home
because they have to put food on the table for their families, pay the
rent and stay employed so that they can keep their health insurance.
For these people, these are the majority of workers in our community.
It is basic survival. We need to wear the masks for them. Every
day they must leave their homes and go out into the community and
risk exposure to this virus.
CHAIRMAN SAUNDERS: Thank you.
DR. HUNT: And we need them to continue to this do.
CHAIRMAN SAUNDERS: Sorry, but your time is up. Thank
you very much.
MR. MILLER: Your next speaker is Annisa Karim, followed
by Roanna Handy and Irene Horowitz.
Annisa, are you with us, ma'am?
MS. KARIM: I am, yes. Can you hear me?
MR. MILLER: You have one minute, ma'am. Please begin.
MS. KARIM: Good afternoon, Mr. Chair, Commissioners.
My name is Annisa Karim.
Today I ask for the Board to vote and implement an emergency
order to mandate face coverings in indoor public spaces.
We know that face coverings are part of the success equation. In
fact, washing your hands, physical distancing, those things can't work
if face coverings are not part of the equation.
We know this because the Health and Human Services testing
czar, Admiral Brett Giroir, stated on Sunday that at least 90 percent
of Americans must wear masks to control the surge. The U.S.
Surgeon General has the same opinion.
July 14, 2020
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If masks didn't work, Trump wouldn't have worn one in Walter
Reed. If masks didn't work, Ron DeSantis wouldn't be fumbling
with one at every press conference. If masks didn't work, the
medical professionals, our public health officials, would not be
entering this contentious argument to ask that we wear masks.
It's a simple, simple answer. Masks are mandatory, or they
should be, for temporary purposes so that we can control this
epidemic. Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Roanna Handy, followed
by Irene Horowitz and then Richard Price.
Roanna Handy, are you with us, ma'am?
MS. HANDY: Yes, I'm with you.
MR. MILLER: You have one minute, ma'am. Please begin.
MS. HANDY: I would just like to say that I was shocked and
appalled by the ignorance of so many people who deny the science
and make up their own constitutional law. I actually -- and actually
refer to this horrible pandemic as a hoax.
But I am heartened by the last 50 or more callers, all of whom
were for mask mandate, as I am.
I also applaud Mr. Solis. He made all his statements based on
fact and real Supreme Court opinions. Everything he said points to
the fact that you must vote for a mask mandate. To do otherwise
would simply be sentencing many people to death. Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Irene Horowitz, followed
by Richard Price and Bill Gagliano.
Ms. Horowitz, are you with us? Irene Horowitz, are you with
us?
(No response.)
MR. MILLER: She's gone. Let's move on.
July 14, 2020
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Richard Price. Mr. Price, are you there? Richard Price?
MS. PRICE: This is Judith Price.
MR. MILLER: Okay. Ms. Price, you have one minute.
Please proceed.
MS. PRICE: Yes. First of all, I want to thank Andy Solis,
Commissioner Solis, for his brave behavior, his activity. He's been
fantastic, and I can't say enough good things about him for embracing
this issue and being so generous with his support for our cause.
Yes, I am very much for the mandate of installing masks, using
masks. I think it's not a partisan issue; however, our leadership in
the state level and the federal level doesn't show a good example, and
many people are ignorant, and they follow that instead of following
the scientists.
I am a democrat, and I strongly believe in free speech and all
that, but I also believe we have to save our economy. I am -- my
husband and I, we go out to dinner almost every night. I go to all the
shops and --
CHAIRMAN SAUNDERS: Judith --
MS. PRICE: -- I haven't (audio malfunction) the last four
months.
MR. MILLER: Thank you, Ms. Price.
Your next speaker is Bill Gagliano, followed by Laura Novosad
and Stephen Suden.
Mr. Gagliano, are you with us, sir?
MR. GAGLIANO: Yes, I am.
MR. MILLER: You have one minute, sir. Please begin.
MR. GAGLIANO: Thank you.
I am strongly in favor of the mask mandate. I think it's
extremely important. I know one of the speakers just a few speakers
ago mentioned the fact that a Circuit Court judge just this past Friday
rejected a challenge to the constitutionality of a Leon County
July 14, 2020
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ordinance that requires face masks in public. The plaintiffs in that
case contended that it violated the Florida Constitution.
You heard a lot about the Florida Constitution from some of the
people that opposed this mandate, but the Court said, no, it does not
violate the Constitution. It doesn't violate the federal Constitution
either.
I direct a comment to those commissioners who may be
considering voting against this and wonder why would you ever do
that? You heard several physicians today. You heard of several
medical societies today tell you that they all support masks. Is your
medical knowledge better than theirs? I do not understand how you
can do that. I have not been in a restaurant or a bar for four months,
and I will --
CHAIRMAN SAUNDERS: Mr. Gagliano, your time is up.
Thank you.
MR. MILLER: Your next speaker is -- oh, goodness. Okay.
We've had people move around on me here. John Dwyer followed
by Laura Novosad and Stephen Suden.
Mr. Dwyer? John Dwyer?
(No response.)
MR. MILLER: Okay. He's dropped out.
Laura Novosad? Ms. Novosad, are you with us? I hope I'm
saying that correct. Laura Novosad.
(No response.)
MR. MILLER: All right. Stephen Suden or Suden? Stephen
Suden, are you with us?
(No response.)
MS. NOVOSAD: Yes, it's Laura Novosad.
MR. MILLER: Laura Novosad. Yes, you have one minute,
ma'am. Please begin.
MS. NOVOSAD: Yes. My name is Laura Novosad. I'm a
July 14, 2020
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candidate for Florida House of Representatives District 80, and I'm a
strong proponent for this mandatory ordinance for mask wearing.
I think we have heard a lot today from the scientists, the doctors
in the room, who have the degrees that we don't have that are all
showing that mask wearing is what's working. We have had other
countries in this -- in the world that have been able to curb it and
even eradicate it from -- and so for now I would like to say that I am
for mandatory masks, and we need to remember that this is an
economic issue. We cannot get people -- people are not going to
come out of their homes and start participating in society until we
make it safe for them. And the longer we keep our society
dangerous and COVID-19 there, the longer it's going to take to get
people and our economy going again.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Next up is Stephen Suden or -- I guess it would
be Suden followed by Naz Bhimji and William Pope.
Stephen, are you with us, sir?
MR. SUDEN: Yes, I am.
MR. MILLER: You have one minute, sir. Please begin.
MR. SUDEN: The research and science I will cite emanate
from U.S. universities and organizations such as the CDC and
Institute of Health Metrics and Evaluation.
This information is not anecdotal. These are facts derived from
these institutions as well as infectious decease specialists and
epidemiologists, from other data that I've researched from Texas
A&M University, University of Texas, University of California, San
Diego, and the California Institute of Technology, all of whom
support mask wearing as a method of dramatically decreasing
COVID-19 transition. Stanford University also is among those
institutions that feel that way.
To those who identify with percentages, the University of Cal
July 14, 2020
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Davis says that wearing masks will decrease risk of infection by
65 percent.
Finally, the wearing of masks does not mean that you are weak,
rather it's the way to protect the vulnerable --
CHAIRMAN SAUNDERS: Stephen, thank you very much.
MR. MILLER: Thank you very much, Mr Suden.
Your next speaker is Naz Bhimji followed by William Pope and
Joni Zalasky.
Naz, if I'm mangling your last name, please forgive me. Are
you there, sir?
MR. BHIMJI: Yes, I am here. Can you hear me one?
MR. MILLER: You have one minute, sir. Please begin.
MR. BHIMJI: Thank you very much.
I think you commissioners are doing a terrific job. I just want
to compliment you on what's been going on all day.
I am concerned about the fact of making it mandatory. I am
totally in support of the concept of getting people and urging people
to wear a mask. Making it mandatory implies enforcement, and how
do you enforce a requirement like that? If you don't enforce and you
ignore it, then it becomes an issue of a law being on the books that
people can choose to follow or not follow. That's my only concern.
Thank you very much again.
MR. MILLER: Your next speaker is William Pope, followed
by Joni Zalasky and then Lisa Freund.
Mr. Pope, are you with us, sir?
MR. POPE: I am. Can you hear me?
MR. MILLER: Yes, sir. You have one minute, Mr. Pope.
MR. POPE: Thank you for addressing this vital issue. My
name is Bill Pope. I'm a year-round resident of Naples. I urge you
to institute the mask mandate especially in closed places such as
supermarkets and shops.
July 14, 2020
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There are many reasons for such a mandate, and you've heard
many of them. And I want to just highlight one, and that is the fact
that wearing a mask, especially in supermarkets and other closed
spaces, is the right, considerate thing to do.
The Constitution gives us many rights but not to endanger our
fellow citizens. We have the right to free speech but not to yell
"fire" in a crowded theater. We can own a car but not drive
100 miles an hour down a residential street. Our rights are not
unlimited if the exercise of them endangers others. And the best
analogy to the virus, which you've heard before, is smoking. It's
legal to smoke, but it is not right to exhale second-hand smoke on
other people, and it's a very similar analogy --
CHAIRMAN SAUNDERS: Thank you. I'm sorry, but your
time is up.
MR. MILLER: Thank you, Mr. Pope.
Your next speaker is Joni Zalasky, followed by Lisa Freund and
Margaret Vickery.
Joni Zalasky, are you with us?
MS. ZALASKY: Hello. Can you hear me?
MR. MILLER: Yes. You have one minute.
MS. ZALASKY: Thank you. Hi. My name is Joni Zalasky.
I've been a full-time resident in Collier County since 2012.
I'd just like to say that I think the best way to get our lives as
close as possible back to some sort of normal is by wearing masks
and social distancing, and it seems to me the simplest, best way to
keep people safe and keep businesses open and have as best a life as
we can down here under the situation.
Thank you. Please pass it. Thank you so much.
MR. MILLER: Thank you.
Your next speaker is Lisa Freund, followed Margaret Vickery
and Thomas Lansen.
July 14, 2020
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Lisa, are you with us?
MS. FREUND: Yes, I am.
MR. MILLER: You have one minute, ma'am. Please begin.
MS. FREUND: Sure. I just -- I'm going to go in a little
different direction.
I want to start out by thanking Andy Solis for his leadership, for
your fact-based, excellent presentation and your dignity in the face of
the disrespectful outbursts and personal attacks that you've had to
face.
I continue to support a mandatory mask ordinance. I am
devastated by the insensitivity of some people toward victims of this
virus; my mother-in-law having been one of them. It is not the flu.
It is a horrific disease that affects respiratory and circulatory systems.
And we've just set a new death record in Florida, I just saw in
Bloomberg news.
So please pass this mask ordinance. Thank you.
MR. MILLER: Your next speaker is Margaret Vickery,
followed by Thomas Lansen and Steven or -- or Steve Sorett.
Margaret, are you with us?
MS. VICKERY: Yes. Can you hear me?
MR. MILLER: Yes, ma'am. You have one minute. Please
begin.
MS. VICKERY: Good afternoon, Commissioners. My name
is Margaret Vickery, and I strongly support mandatory masks.
I am not a medical professional, so I can't be swayed by
anecdotes and opinions. I have to be smart and rely on medical
science professionals and their solid, proven evidence that masks
reduce the spread of COVID-19.
Florida Medical Association supports masks. CDC supports
masks. Collier County Medical Society. We have heard so many
medical professionals today present facts and solid information, and I
July 14, 2020
Page 234
implore you to please listen to them.
My mask protects you and your mask protects me. It's the air
that we share transmitting the virus. We all need to do our part,
whether it's by our own decision or by a decision made for us by
educated concerned leaders such as you. This has already been
successfully done in many areas in the United States and right here in
Florida.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Thomas Lansen, followed
by Steve Sorett and Ken Osofski -- Osowski. Excuse me.
CHAIRMAN SAUNDERS: Just a second.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I have a question for
Troy, if I may.
MR. MILLER: Yes, sir.
COMMISSIONER McDANIEL: Are we able to poll these
people that are online?
MR. MILLER: Yes, sir, and we have, sir. Would you like the
results, sir?
COMMISSIONER McDANIEL: Well, I -- because there's
been representations made to me that since that poll went out, not one
person who has been in favor -- or in opposition of the mask mandate
has been called upon to speak.
MR. MILLER: No. They're being called in order, sir. No
one is being discriminated against --
COMMISSIONER McDANIEL: I'm sharing with you -- I
didn't realize we were polling people that were calling in in the first
place, and then -- and then that representation has been made to me,
and I just wanted to make sure that --
MR. MILLER: Sir, I believe it was an informal poll just to try
to see how many people we had left and sort out, you know, the
July 14, 2020
Page 235
breakdown. But nothing is being done with the results of that. We
were just checking on that.
CHAIRMAN SAUNDERS: Let's go ahead and keep moving
forward.
MR. MILLER: Yes, sir.
CHAIRMAN SAUNDERS: Obviously, anyone that wants to
speak pro and con --
MR. MILLER: Everyone is being allowed to speak, sir. Yes,
absolutely.
COMMISSIONER McDANIEL: I just wanted to make sure.
MR. MILLER: Your next speaker is Thomas Lansen, followed
by Steve Sorett and Ken Osowski. I hope I'm saying right.
Mr. Lansen, are you with us, sir?
DR. LANSEN: Yes, can you hear me?
MR. MILLER: Yes, sir. Please begin.
DR. LANSEN: Yes, sir. Thank you.
Mr. Chairman, Dr. Thomas Lansen.
We heard random medical articles cited today. These are
anecdotal. There haven't been any perspective or randomized
studies because this is a novel virus, and these studies take a long
time and are almost completely prohibitively complex; however, last
Saturday the Journal of the American Medical Association Network
published a review article of all available and recent studies that
noted that masks reduce COVID spread. Current medications do not
cure the virus. Dexamethasone and remdesivir may reduce the
duration, but there's no evidence that they or hydroxychloroquine or
azithromycin have any effect.
Finally, no vaccine or treatment on the near horizon. So, our
weapons to fight this virus are very limited. Let's use what we have:
masks and social distancing.
Thank you.
July 14, 2020
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MR. MILLER: Mr. Chairman, I just wanted to reiterate -- I just
got a message from the Zoom people. They don't have results by
name, just sheer numbers. So, there was no way to differentiate
between who was in favor and against.
Your next speaker is Steve Sorett, followed by Ken Osowski
and Richard Martinez.
Steve Sorett, are you with us, sir?
MR. SORETT: Can you hear me?
MR. MILLER: Yes, sir. You have one minute, sir.
MR. SORETT: All right. I'm Steve Sorett, and I live in the
Vineyards, and I'm on the association board.
I'm speaking today in my personal capacity, and I'm a strong
proponent on every individual wearing masks when in public settings
and support the adoption of the emergency order.
This is not a legal or political issue. It's a public health issue. I
want to underscore a statement made by the previous speaker that
mentioned the proceedings of the National Academy of Sciences led
by a team from major universities, including Texas A&M and the
University of Texas at Austin, which was mentioned in a Forbes
article recently.
The study revealed that mandated mask wearing represents the
major determinate in shaping the trends of the pandemic and
concluded that wearing face masks is the key to reducing the spread
of the virus due to asymptomatic spread and the aerosol effect.
The Forbes article also mentioned another study which found
that the loud talking in rooms released droplets that lingered in the air
for eight to 14 minutes and that mask wearing plays a central role in
minimizing the spread of those droplets.
Finally, in an article today in the --
CHAIRMAN SAUNDERS: Sorry to interrupt you. Thank
you. I'm sorry. Your time is up.
July 14, 2020
Page 237
MR. MILLER: Your next speaker is Ken Osowski, followed
by Richard Martinez and Paul Kardon.
Mr. Osowski, are you with us, sir?
MR. OSOWSKI: I am, sir.
MR. MILLER: One minute, sir. Please begin.
MR. OSOWSKI: Yeah. Hi. My name is Ken Osowski, and
thank you for pronouncing it correctly, by the way.
I'm a full-time resident, and I'm strongly in favor of a mandatory
mask ordinance. The reason I plead for this ordinance relates to
inadequacies in the current COVID testing process.
Currently, not everyone can be tested, and test results are not
known for many days, as was noted earlier. We know that testing,
then diagnosis, then treatment in an isolation works as an effective
COVID response. Countries around the world have done this
successfully, as mentioned by others today. Therefore, it would be a
prudent best practice to require that individuals wear a mask during
this period when testing is inefficient and before therapeutics or
vaccines are available.
On July 1st we had 4,300 positive cases. On 7/31, the
projections are 11,000 COVID cases for this county alone. That's
two-and-a-half times the cases in a single month for Collier County.
Collier -- I mean, Florida's projected to reach 26,000 deaths by
November 1st.
The pandemic and economy are not mutually exclusive. If
masks are required, consumers will feel safer going out in public --
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Richard Martinez,
followed by Paul Kardon and then Paul Myrin.
Mr. Martinez, are you with us, sir?
(No response.)
MR. MILLER: Richard Martinez?
July 14, 2020
Page 238
(No response.)
MR. MILLER: One more time. Mr. Martinez?
MR. MARTINEZ: Can you hear me?
MR. MILLER: Yes, sir. You have one minute, sir.
MR. MARTINEZ: Yes. This marathon has been about
science versus hyperbole. Good medicine version dogma, and I
thank you, Commissioner Solis, for your courage.
Please pass the mask mandate.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Thank you, sir. Your next speaker is Paul
Kardon, followed by Paul Myrin and then Cathy Bialy.
Mr. Kardon, are you with us, sir?
DR. KARDON: I am.
MR. MILLER: You have one minute, sir. Please begin.
DR. KARDON: I am a retired physician and hospital medical
director. My wife and I live in a retirement community in Naples.
Our community has approximately 275 residents, including a 30-bed
assisted living unit.
Early in the pandemic we created a panel to give guidance to our
residents. The guidance included education regarding hygiene,
social distancing, and wearing masks. It also included posters
strategically placed and changed to remind residents to wear masks
and practice social distancing.
Since that beginning, the executive director has provided a
weekly memorandum to all residents giving an update and status of
the pandemic. The wearing of masks in the community is practiced
by almost all residents and all the staff. As a result, and maybe with
some luck, the executive director reports that as of today there have
been zero reports of positive tests or illness in any resident.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Paul Myrin, followed by
July 14, 2020
Page 239
Cathy Bialy and Dan Howard.
Paul Myrin, are you with us, sir?
MR. MYRIN: Yes, I'm here.
MR. MILLER: You have one minute, sir. Please begin.
MR. MYRIN: Commissioners, good evening. My name's
Paul Myrin. I've been a resident of Collier County for 18 years this
October. I have waited nearly five hours to speak in favor of a
mandatory mask policy for all indoor buildings in Collier County.
Commissioners, to make something abundantly clear, every single
medical doctor and medical worker who has spoken today has been
in favor of the mask ordinance. Not a single person who has
opposed the mask ordinance has had any medical degree or training.
Commissioners, you've heard from a lot of people today. Who
you haven't heard from are my relatives currently living in New
England. They, and many of our other seasonal residents, are in the
age group most susceptible and vulnerable to COVID-19. My
relatives have been seasonal residents of Collier County for 15 years,
and they have told me for the first time in those 15 years they don't
want to come down here because Collier County is not safe for them.
They would rather endure a New England winter, pay New England
income taxes, than come down here where they aren't safe.
Thankfully there's a simple and easily enforceable way to make
them and everyone else in Collier County safer. Require a
mandatory mask policy for all indoor public buildings.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Cathy Bialy, followed by
Dan Howard and Norman MacDonald.
Ms. Bialy, are you with us, ma'am? Cathy Bialy?
MS. BIALY: Hello. Can you hear me?
MR. MILLER: Yes, ma'am. You have one minute. Please
begin.
July 14, 2020
Page 240
MS. BIALY: Can you hear me?
MR. MILLER: Yes, ma'am. You have one minute. Can you
begin, please.
MS. BIALY: Hello? Oh, no.
MR. MILLER: Yes, ma'am. We hear you. Can you begin,
please. One minute.
MS. BIALY: I'm not sure if you can hear me.
CHAIRMAN SAUNDERS: Let's go to the next speaker.
MR. MILLER: All right. Oscar, let's try to communicate with
her off-line.
Let's go with Dan Howard. Mr. Howard, are you with us?
MR. HOWARD: Yes, I'm here. Can you hear me?
MR. MILLER: Yes, Mr. Howard. Please begin.
MR. HOWARD: Okay. I'm calling in support of the mask
ordinance. Science is clear and well documented. Masks do slow
the spread of the COVID virus. And so, when are we going to get
serious about this?
One definition of stupidity it doing the same thing over and over
and expecting different results. Trying to reduce the growth of
COVID in our county without universal mask usage is failing. It's
time to do something different, follow the real science, not politics,
and implement a mask ordinance in our county.
Thank you.
MR. MILLER: All right. Mr. Chairman, let's try Cathy Bialy
again.
Ms. Bialy, can you hear me? Cathy Bialy, can you hear me,
ma'am?
MS. BIALY: Yes. Can you hear me?
MR. MILLER: Yes, ma'am. Please begin. You have one
minute.
MS. BIALY: Okay. Thank you.
July 14, 2020
Page 241
I'm a 65-year-old retired business owner, and I've owned a home
in Pelican Bay for the last 14 years. I'm sure you know my
demographic.
I'm also a registered voter whose vote, quite frankly, will be up
for grabs this next election, and this mask issue is one of the reasons
why.
I support an ordinance to mandate the wearing of masks. And,
Mr. Solis, just so you know, I don't care where your parents came
from.
Thank you.
MR. MILLER: Your next speaker is Norman MacDonald,
followed by Bray Magee and then Andrea Dick.
Norman MacDonald, are you with us?
MR. MacDONALD: Sound check.
MR. MILLER: Yes, sir. Mr. McDonald, you have one
minute, sir. Please begin.
MR. MacDONALD: Okay. Thank you. I'm Norman
MacDonald, full-time resident in Naples Park. My wife and I
support the mandate.
The sooner we all cooperate, the sooner this will all be over.
It's not just for yourself. It's for others. Consider the healthcare
workers.
Thanks a lot, Commissioner Solis. Great job. Thank you.
MR. MILLER: Your next speaker is Bray Magee, followed by
Andrea Dick and Mary Helen Reuter.
Bray McGee, are you with us?
(No response.)
MS. MAGEE: Bray Magee, are you with us?
(No response.)
MR. MILLER: All right, Oscar --
MS. MAGEE: Yes.
July 14, 2020
Page 242
MR. MILLER: Ms. McGee, is that you?
MS. MAGEE: It is.
MR. MILLER: You have one minute, ma'am. Please begin.
MS. MAGEE: Thank you.
I'm a full-time resident of Collier County, and I urge you to
mandate a mask ordinance in all public spaces. It's such a simple but
effective thing to do.
One death is one death too many, and 96 deaths is frightening.
Do your job. Enact a mask ordinance. Set hefty fines for
those who are noncompliant. Make Naples safe for its citizens.
Slow the transformation by mandating this ordinance at this
unprecedented time.
Please make a difference. Thank you.
MR. MILLER: Your next speaker is Andrea Dick, followed by
Mary Helen Reuter and Mary Peterson.
Andrea, are you with us?
(No response.)
MR. MILLER: Andrea Dick are you with us? Hello?
(No response.)
MR. MILLER: All right. Oscar, let's move on.
Let's try Mary Helen Reuter. Mary Helen, are you with us?
MS. REUTER: Hello, can you hear me?
MR. MILLER: Okay. Let's try to sort this out.
Andrea, are you with us?
MS. DICK: Yes, I am.
MR. MILLER: Andrea, you have one minute. Please begin.
MS. DICK: Yes. I wanted to just say that I am totally in favor
of the mask to be mandatory in the county. I find it absolutely
shocking that people are not listening to the scientists and the doctors'
recommendations. And all I can say is, the county commissioners
need to do their job to take care of this county for our health and
July 14, 2020
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safety.
Thank you very much.
MR. MILLER: All right. Mary Helen Reuter will be followed
by Mary Peterson and Lisa Herrlich.
Mary Helen Reuter, are you with us, ma'am?
MS. REUTER: Hello. Can you hear me?
MR. MILLER: You have one minute. Please begin.
MS. REUTER: I'm a local citizen that lives and votes in
Immokalee, District 5, and I travel to Naples for work.
I support mandating the use of face coverings and urge the
county to make a plan to disperse masks to those that don't have
access to them.
I'm appalled that the panel is ignoring the suggestions of their
appointed health officials and earlier today had the audacity to play
an irrelevant news snippet as evidence against the use of face
coverings.
Listen to the professionals, mandate face coverings, and make a
plan to disperse masks to those in need. Thank you.
MR. MILLER: Your next speaker is Mary Peterson, followed
by Lisa Herrlich and Bill Grover.
Mary Peterson, are you with us, ma'am?
MS. PETERSON: Yes. Yes, I am.
MR. MILLER: You have one minute, ma'am. Please begin.
MS. PETERSON: Hello. Okay.
I am definitely for the mask mandate. With the rising COVID
numbers, it's a clear indication that Collier County needs to issue an
order that requires all residents and visitors to wear masks in public
where maintaining social distancing is impossible to do so. This is a
public health crisis, and it is your job to protect the citizens that put
you in those chairs that you are sitting in.
And I thank Mr. Solis for getting the ball rolling on this, and I
July 14, 2020
Page 244
appreciate all of your work.
Thank you. And I look forwarding to getting this mandate
passed as quickly as possible.
MR. MILLER: Your next speaker is Lisa Herrlich, followed by
Bill Grover and Donna Gillroy.
Lisa, are you with us?
MS. HERRLICH: Yes, I am. Thank you.
I fully support an emergency ordinance mandating masks in
Collier County. By doing this, we can protect our citizens and avoid
another shutdown.
My sister and my nieces are nurses in New York City, and
they've been caring for COVID patients for over four months and
none of them, I repeat, none of them have contracted the virus?
Why is that? Because they wore masks.
Masks protect ourselves as well as our fellow citizens. This is a
public safety issue, not a political issue. Wearing masks have
proven effective in slowing the spread of the virus.
Wear a mask and you will help our economy and you may save
a life. Thank you.
MR. MILLER: Your next speaker is Bill Grover, followed by
Donna Gillroy and then Scott Sherman.
Mr. Grover, Bill Grover, are you with us, sir?
(No response.)
MR. MILLER: Bill Grover?
(No response.)
MR. MILLER: All right.
Donna Gillroy, are you with us, ma'am? Donna Gillroy?
(No response.)
MR. MILLER: Just one more second here. Donna Gillroy, are
you with us?
(No response.)
July 14, 2020
Page 245
MR. MILLER: All right. Scott Sherman, are you with us, sir?
Scott Sherman?
MR. SHERMAN: Yes, I'm here.
MR. MILLER: Mr. Sherman, you have one minute. Please
begin.
MR. SHERMAN: Okay. I want to base my comments on a
mask efficiency study done at the University of Chicago. A typical
sneeze has 8 trillion viruses in it. A mask made from cloth, scarves,
and T-shirt vary widely but, on average, will only let 6.3 trillion of
those viruses through. This goes in both directions. It doesn't
protect the person wearing it, and it doesn't protect the person talking
to the person wearing it. 6.3 trillion will come through a cloth mask
like most of you are wearing in that room. If you've got a surgical
mask, it will drop down to 4.4 trillion viruses, when your sneeze, go
through that mask.
A properly fitted N95 masks will allow 400 billion viruses to go
through, and a HEPA filter that is 99.9 percent, like the big canister
one I have -- I have big double canister HEPA filter, it will only
allow 80 billion to come through.
So if you do this mandate, you better do it with a double canister
HEPA filter, and you're still not going to stop that virus. That's the
reason the virologists wear the shield. They wear the big space
masks.
So I completely oppose this because --
CHAIRMAN SAUNDERS: I'm sorry. I'm sorry. Your time
is up. Thank you.
MR. MILLER: We're going to go next with Donna Gillroy,
followed by Nancy Koeper and then Dr. Marcia Maloni.
Donna, are you with us, ma'am?
MS. GILLROY: Yes, I am now, if you can hear me.
MR. MILLER: Yes, ma'am. You have one minute.
July 14, 2020
Page 246
MS. GILLROY: I'm a 22-year resident of Collier County, and I
strongly support a mask mandate.
I guess if we didn't need it, it wouldn't be on the agenda. I'm
sorry to say I guess we do.
As everybody has said, we're in a runaway health crisis, not a
constitutional crisis, and there's a ton of data. The doctors who
spoke today were really impressive, as are the national medical
community.
One particular cite is good to note, PSNA.org, the proceedings
of the National Academy of Science, something to have available.
I'm afraid of what the ignorance of facts can do, including
causing people to divide and divide us from one other. Somewhere
along the line, we became I, me, my, and the people, not we the
people. Let's do the right thing, Commissioners, please. You have
a sacred honor to protect the health and well-being of the public
regardless of votes.
Thank you for your courage and leadership, Commissioner
Solis. You did the right thing. Thank you.
MR. MILLER: Your next speaker is -- oh, it skipped on
me -- Nancy Koeper, followed by Dr. Marcia Maloni and then
Stephanie Yeakel. I hope I'm saying that right.
Ms. Koeper, Nancy Koeper, are you with us?
(No response.)
MR. MILLER: Ms. Koeper?
(No response.)
MR. MILLER: All right. Dr. Marcia Maloni. Dr. Maloni,
are you with us?
DR. MALONI: I'm with you.
MR. MILLER: Thank you. You have one minute, ma'am.
Please begin.
DR. MALONI: Thank you for putting up with my tech issues.
July 14, 2020
Page 247
I started out with three minutes, then two, now I'm down to one. So
I have one minute?
CHAIRMAN SAUNDERS: You have one minute, yes.
DR. MALONI: I was a school phycologist for almost 30 years,
and I know schools intimately. It will be so difficult to open schools
if your COVID numbers continue to rise in Florida. If we open up
schools and kids get sick, our teachers get sick, we will have to close
them again. I guarantee you the anger you are seeing now over to
wear a mask or not will be nothing like the anger of parents whose
children get sick in the schools.
And, Penny, I just want to -- there are a couple of researchers,
but I want to give you one that I think you'll like. Wearing masks
helps to decrease the spread of COVID. This was evidenced when
two Missouri hair stylists who worked at a Great Clips salon while
they had coronavirus did not infect the 140 clients they served even
though they had the virus for two weeks. Both stylists --
CHAIRMAN SAUNDERS: I'm sorry. Your time is up.
Thank you.
COMMISSIONER TAYLOR: With your indulgence,
Mr. Chair, the speaker did address me. There's a misunderstanding
out there. I support mask wearing.
CHAIRMAN SAUNDERS: Okay. We're going to -- yeah,
let's try to get through the public hearing. We'll have plenty of
opportunity to discuss the merits of the ordinance.
MR. MILLER: Your next speaker's Nancy Koeper, followed
by Stephanie Yeakel and then Julie Domenick.
Nancy Koeper? Nancy, are you with us?
(No response.)
MR. MILLER: Nancy?
(No response.)
MR. MILLER: All right. Let's move on and try Stephanie
July 14, 2020
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Yeakel, Y-e-a-k-e-l. Am I saying that correctly, Stephanie?
MS. YEAKEL: You got it right.
MR. MILLER: Okay. Stephanie, you have one minute.
Please begin. Hello?
MS. YEAKEL: Can you hear me?
MR. MILLER: Is this Stephanie?
MS. YEAKEL: Yep, this is Stephanie.
MR. MILLER: You have one minute, ma'am. Please begin.
MS. YEAKEL: Thank you.
I am strongly opposed to this mandate. There's no freedom
more intimate than the freedom to take care of your own health in the
ways that you choose.
If the government mandates the usage of masks or any other
preventative medicine or solution, it sets a dangerous precedent. It
doesn't matter how many doctors recommend it; it should still be
your choice.
Physicians used to recommend smoking during pregnancy.
That did not go well.
The doctor that spoke previously said that the death rate is
20 percent higher in Collier than other parts of Florida, but he
neglected to inform you that the median age in Collier is also
25 percent higher than anywhere else in the state. This has nothing
to do with wearing or not wearing masks; simply related to our older
population.
It seems like those in favor of this mandate pick and choose
what facts they like to communicate to the public, making all of this
unscientific and based on hearsay. Hearsay is not allowed in a court
of law and shouldn't be here either.
The Board has clearly stated that this should not be a political
issue, yet here we are at the Collier County Board of County
Commissioners meeting taking it to a vote by our elected officials.
July 14, 2020
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I agree this should not be political, but you have made it so, and
calling it anything else is misleading the public and taking advantage
of people's fears. Also --
CHAIRMAN SAUNDERS: Thank you.
MS. YEAKEL: -- omitting facts. I want to thank
Commissioner Taylor and McDaniel for being free thinkers and not
acting out --
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Mr. Chairman, just an update quickly. I have
13 people left online at this point. So, we've really plowed through
this.
So, your next speaker is Nancy Koeper. She'll be followed by
Julie Domenick and Stephanie Galainena.
CHAIRMAN SAUNDERS: Okay.
MR. MILLER: Nancy, are you there?
CHAIRMAN SAUNDERS: Before Nancy begins her
comments, I'm going to suggest at the end of the 13 -- make sure that
number doesn't climb. We're not adding speakers.
MR. MILLER: I'm not going to.
CHAIRMAN SAUNDERS: I'm going to suggest that we take a
15-minute break.
COMMISSIONER TAYLOR: Good.
CHAIRMAN SAUNDERS: And then we'll come back and
perhaps have a time limit on our discussion so we don't spend two
hours talking about this. So, we'll talk about that when we come
back from a break. Thirteen more speakers, so let's go.
MR. MILLER: Yes. Nancy Koeper, are you with us, ma'am?
MS. KOEPER: Yes, I am. Can you hear me?
MR. MILLER: Yes, ma'am. You have one minute. Please
begin.
MS. KOEPER: Thank you very much.
July 14, 2020
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First, I want to thank Andy for his pushing this issue.
Leadership isn't about doing what's popular. It's about doing
what's right.
I'm a full-time resident 365 days a year here.
You know, there's a reason surgeons wear masks when they
operate on you. It's so that the fluids from their bodies don't get into
yours when you're laying there and you're being operated on.
I shop in Publix over here at Pelican Bay. I've seen you there,
Andy. I was thanked this week by two employees for wearing my
mask. I told them I do it for them. The one employee told
me -- went on with a story about how he gets harassed for wearing
masks, and he specifically stated, you wouldn't believe how many of
us are getting sick because people refuse to wear masks.
I just want to say that -- just remember, the negative COVID test
is only as good as your next exposure to someone who has it,
40 percent of which don't have any symptoms at all, and when you
get near them without the mask and they have it, you likely will catch
it. I urge you, I beg you --
CHAIRMAN SAUNDERS: Thank you.
MS. KOEPER: -- to pass this ordinance.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Julie Domenick, followed
by Stephanie Galainena and then Callhan Soldav -- Soldavini.
Julie Domenick, are you there?
(No response.)
MR. MILLER: Ms. Domenick, are you with us? Julie?
(No response.)
MR. MILLER: All right. Let's try Stephanie, and I'm sure I'm
not saying this right. Galainena? Galainena? Stephanie, are you
with us?
MS. GALAINENA: Galainena.
July 14, 2020
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MR. MILLER: Galainena, thank you. You have one minute,
ma'am. Please begin.
MS. GALAINENA: Cool.
I'm in health care, and I read critical data and white papers for a
living. Please do what is American and give businesses and our
people the choice.
Why are we being forced to wear a piece of fabric with a
99 percent recovery rate? Dr. Fauci and New England Journal of
Medicine, even the CDC, have said that masks provide little to no
protection. The only one is the N95 mask.
Is the Naples Community going to shell out and Collier County
going to shell out hundreds and thousands of dollars to protect us
with an N95 mask? There is no credible data saying otherwise.
Let's also think of the sociological and emotional impact on our
children in this environment. We're going to Publix. We're
following arrows as to dare not to be face to face with each other.
Now, Dr. -- or Commissioner Solis is saying that kids have to
wear goggles in school? It's preposterous.
I'm asking you to please do what is American and give us the
choice. Thank you.
MR. MILLER: Your next speaker -- well, we're going to try
Julie Domenick. Ms. Domenick, are you with us?
(No response.)
MR. MILLER: Julie Domenick?
(No response.)
MR. MILLER: All right. Callhan Soldavini? Callhan
Soldavini will be followed by Jeanine Brakefield and then Susan
Dunn.
Callhan, are you with us?
MS. SOLDAVINI: Commissioners, thank you for your time
and service, especially on this long day.
July 14, 2020
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I am speaking in support of requiring face masks to protect the
health and safety of our residents, especially when this is something
that costs zero dollars and is only a slight convenience [sic] to
citizens, and I yield the rest of my time.
MR. MILLER: Your next speaker is Jeanine Brakefield,
followed by Susan Dunn and Kimberly McCarthy.
Jeanine Brakefield, are you with us, ma'am?
MS. BRAKEFIELD: Yes, I am. Can you hear me?
MR. MILLER: Yes, ma'am. You have one minute. Please
begin.
MS. BRAKEFIELD: Thank you very much and thank you to
the Commissioners for this opportunity to speak.
I am in favor of a mandatory face mask requirement when you
are indoors. Perhaps we wouldn't have to go to this if we had really
good rapid testing and results, but we don't. And we know that there
are asymptomatic people and pre-symptomatic people walking
around who have no idea that they're spreading the virus.
We need to protect even our weakest citizens, the children,
perhaps, who can't wear a mask. The rest of us can do it. It's not
that -- we're not invading anyone's privacy or rights. When you're in
your home, you can do what you want. Your visitors can do what
they want. But when you're out in public, you give up a little bit of
your rights for the common good.
And I appreciate all of you for doing your job, and I hope you
will vote for the common good. Thank you very much.
MR. MILLER: Your next speaker is -- well, let's try Julie
Domenick. Julie, are you with us?
(No response.)
MR. MILLER: Ms. Domenick?
(No response.)
MR. MILLER: All right. Susan Dunn, followed by Kimberly
July 14, 2020
Page 253
McCarthy and Anna Segreto.
Susan Dunn, are you with us, ma'am?
MS. DUNN: I am. Can you hear me?
MR. MILLER: Yes, ma'am. One minute. Please begin.
MS. DUNN: Good afternoon, Commissioners. My name is
Susan Bailey Dunn. I'm a native resident of Collier County, a
mother and grandmother speaking to you today to tell you I am not in
favor of you or any other government officials mandating anything
where the health of me or my family is concerned.
It is my right to determine what is in the best interest of my
family, a responsibility I take very seriously and have spent 30 years
researching what is accurate information being portrayed by media,
CDC, W.H.O., FDA, and NIH, most importantly, the funding
received by these organizations from the companies who promote
propaganda, skewed and inaccurate statistics. Let that sink in.
I've heard people today say, are you smarter than medical
doctors? Well, that was a recent buzz quote from many of these
callers. Doctors whose curriculum has been written by big pharm,
the very organization that profits from ill health, professionals who
profit from overmedicating their patients. This is so much more than
an economic issue. This is nothing more than a worldwide
promotion that another dangerous vaccine asked [sic]. If you give
up your freedom now and submit to masks, next will be a mandatory
vaccine or your rights will be removed. And any threat to freedom
is a threat to our country.
CHAIRMAN SAUNDERS: All right.
MS. DUNN: I vote no.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Kimberly McCarthy,
followed by Anna Segreto and Eileen Rossi.
Kimberly McCarthy, are you with us?
July 14, 2020
Page 254
MS. McCARTHY: Yes. Good afternoon. My name is
Kimberly McCarthy, and I strongly appeal to the County
Commission to mandate the wearing of masks in public. Our
community is in a health emergency.
Very simply, analysis by Reuters published Sunday shows that if
Florida were a country, it would now rank fourth in the world, fourth
in the world for the most cases in a day behind the U.S., Brazil, and
India. India with a population of 1.4 billion people. The world is
watching us in Florida and praying for us in Florida. We have a
runaway epidemic in our state.
I appeal to the Commission to show the leadership that this
health emergency requires. For the health of all of us, please
mandate mask wearing in public.
I would also like to say a special thank you to Commissioner
Solis for his courage and leadership in bringing forth this crucial
endeavor. Thank you.
MR. MILLER: Your next speaker is Anna Segreto, followed
by Eileen Rossi and Amy Wilkinson.
Anna, are you with us, ma'am?
(No response.)
MR. MILLER: Ms. Segreto?
(No response.)
MR. MILLER: Anna?
(No response.)
MR. MILLER: All right.
Let's move forward. Eileen Rossi. Eileen, are you with us,
please? Okay. Just a second. We're trying to figure out a little
something in the next room. Let's call Eileen Rossi. Eileen, are you
with us, ma'am?
(No response.)
MR. MILLER: Okay. Let's move down the list. Dr. Karen
July 14, 2020
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Dwyer. Dr. Dwyer, are you with us?
(No response.)
MR. MILLER: Dr. Dwyer, we have you up. Are you ready
to go, ma'am?
DR. DWYER: Hello, can you hear me?
MR. MILLER: Yes, ma'am. You have one minute,
Dr. Dwyer.
DR. DWYER: You are right, now is the time for mandatory
masks. Naples has been my hometown for 56 years. It's been one
of the healthiest places to live.
I wear a mask to keep others safe. We need a mask mandate to
keep everyone safe.
Tourism is the lifeblood of our economy. Mandatory masks
will send a visible message to tourists that Naples is still a safe place
to visit. It will show them that Naples acknowledges the threat and
has safeguards in place to protect them and the community.
Schools will be reopening. This board needs to protect our
children in and out of school. We need to model good behavior.
It's a reasonable request. Masks are now readily available and easily
worn. We are free to wear any type of mask.
Like Orlando, vote yes for mandatory masks. It's never been
easier to save a life and keep our economy open.
Thank you, Commissioner Solis, for protecting public health.
MR. MILLER: Your next speaker is Pamela Cunningham.
Ms. Cunningham, are you with us? Pamela Cunningham.
DR. CUNNINGHAM: Yes. Can you hear me?
MR. MILLER: Yes, ma'am. You have one minute. Please
begin.
DR. CUNNINGHAM: Thank you.
I am a Harvard-trained medical doctor. I am strongly opposed
to a mask mandate, as are many of my colleagues. The size of a
July 14, 2020
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COVID virus particle is 125 nanometers. The best made cloth
masks block only 63 percent of 300 nanometer particles; therefore,
they do not block the much smaller COVID virus. What face masks
do, however, is act as fomites, which are objects or materials that are
likely to carry infection from person to person.
No studies have looked at the risk versus benefit of wide-scale
masking. If the Commission insists on passing this tyrannical rule,
they should exempt children, which are people less than 18 years of
age, people with significant medical condition, and in places of
worship.
I am currently on vacation in a town that, unbeknownst to me,
recently passed a mask mandate. I will not return here, and I am not
taking my family out to dinner because I refuse to allow them to live
in fear.
What is happening with the increased number of positive tests is
a development of herd immunity, and this is something that we
cannot and should not try to reverse.
I implore you to listen to the lady who called earlier from the
communist country, because we are quickly being taken down a very
dangerous slippery slope. Thank you.
MR. MILLER: Mr. Chairman, if you'll bear with me, the last
two callers we have online did not convert their phone numbers to
names. So as not to give out their full number, I'm going to give out
the last four digits and see if we can get them on that way. If your
phone number ends in No. 6453, 6453.
Okay. Oscar, I don't know what that is, so let's mute that. If
your phone number ends in No. 8361, 8361. If you'll un-mute that
Oscar. If you're calling with a phone number that ends in 8361, can
you --
MS. KINEDO: Hello.
MR. MILLER: Yes, ma'am. Can you give us your name,
July 14, 2020
Page 257
please.
MS. KINEDO: Hi. My name is Julie Kinedo. I'm a resident
of Collier County for over 30 years, a local realtor, and a mother.
I executed a personal record of total written contracts in a
30-day period from the end of May to the end of June all (audio
malfunction) -- excuse me -- and purchasing to escape the
government control over the current cities. Two of them were so
anxious -- excuse me -- they went under contract without seeing the
property.
I, myself, went out of town for the 4th of July and visited a town
where masks were mandated even on the beach. People are wearing
the masks incorrectly. And while at the grocery stores, they did not
offer clean carts like our local Publix does, nor did they even offer
the option to clean them ourselves.
I believe our local community and businesses do more without
mandates than this town does with them, not to mention trying to
travel with these mandates was difficult.
If the intent of this vote is for tourism, I believe showcasing our
cleanliness and freedoms will do more than a forced mandate.
My most important point of concern, however, is that my son
has asthma, and even the little time he was forced to wear the mask
caused him difficulties breathing. I do not see how he will be able to
handle the mandate of a mask hours at time at school.
As I watch this live feed, I see numerous adults touching and
playing with their masks --
CHAIRMAN SAUNDERS: Ma'am, I'm sorry. Your time is
up. Thank you.
MR. MILLER: And, Mr. Chairman, with that, we've attempted
to connect with everyone that preregistered and gotten everyone that's
still online, and so that's it.
CHAIRMAN SAUNDERS: All right. Why don't we -- we'll
July 14, 2020
Page 258
close the public hearing. Let's recess until 6:25. That will give us 15
minutes. Is that enough time for everybody? 6:25. We'll be in
recess.
COMMISSIONER TAYLOR: Is that enough of time?
COMMISSIONER McDANIEL: And I think Sally Woliver
said she was going to buy the pizza.
(A brief recess was had from 6:09 p.m. to 6:25 p.m.)
CHAIRMAN SAUNDERS: Okay. Ladies and gentlemen,
we're back in session. We've completed the public hearing. I want
to thank the Commission for its diligence in getting through all of
that. That was quite a bit of public testimony.
I'm going to suggest -- I'll just throw this out as a
suggestion -- that if there's a motion and a second, that we vote on it
at 7:00 p.m. sharp, so we have 30-minutes-plus to make our points.
And it may not take that long, but let's have a maximum. So that at
7:00 or earlier we're going to vote. Is that okay?
COMMISSIONER FIALA: Good.
CHAIRMAN SAUNDERS: All right. So, Mr. Solis?
COMMISSIONER SOLIS: Well, I think we've been here all
day. I mean, not that -- I think it is telling. It's probably 4-1
speakers have spoken in favor. I think -- I will say that in my
district, it is overwhelmingly in support of requiring masks in public
places. That's why I brought this forward.
And attached to the executive summary was a draft of an
ordinance that our County Attorney put together after looking at
some of the other jurisdictions that have adopted one. I think that
what we're here today to do is to decide whether to direct the County
Attorney to bring one back for a special hearing if it's going to be an
ordinance. But I know the Chairman, you had mentioned that there's
a possibility of doing this as an emergency order.
CHAIRMAN SAUNDERS: Well, the thought was,
July 14, 2020
Page 259
Commissioner Solis, that if there are three votes to move forward
with this, it would be reasonable for us to just to simply do it as an
emergency order --
COMMISSIONER SOLIS: Okay.
CHAIRMAN SAUNDERS: -- as opposed to coming back in
two weeks and going through the same discussion. That's assuming
that there's three votes, and we'll find that out shortly, but...
COMMISSIONER SOLIS: Sure. And I'll make the motion.
I'll make a motion that we adopt as an emergency order the draft
ordinance or -- I guess it would be an order prepared by the county
attorneys. But I would add -- I would like to add one thing. And I
apologize for not bringing this up to the County Attorney before.
But I think it would also -- I think we should also include that
masks would be required in public and county buildings. I don't
know -- I didn't quite see that in there. I mean, we have our internal
policies from the County Manager's Office with regards to employees
and things but, I mean, more so about the public in general coming
in, so that that's clear.
Because I think one of the things that's important -- what I heard
from the Chamber of Commerce on Sanibel was that what's been
helpful to people is the uniformity of it. People know what to
expect. They're not going to be surprised when they go somewhere
and it turns out to be something other than what they anticipated.
MR. KLATZKOW: Yeah. If you go to Line 51 where you
have the definition of a business establishment, it includes not only
businesses but also nonprofits, government, and quasi-government
entities. So, it's --
COMMISSIONER SOLIS: You've got it, okay.
MR. KLATZKOW: It's everywhere business is conducted.
COMMISSIONER SOLIS: Okay. Well, then I would move
that we adopt this -- what's been drafted as an ordinance as an
July 14, 2020
Page 260
emergency order for the sake of our community, our tourist industry,
and then -- you know, our role is to keep people safe.
CHAIRMAN SAUNDERS: All right. Let me ask -- and I
think maybe the battery may have gone out on my little machine
here, so --
COMMISSIONER McDANIEL: We'll wave at you.
CHAIRMAN SAUNDERS: So, we'll have to kind of raise
your hand.
On the motion and on the proposed order, I think I have a couple
questions as to who this would apply to and how. So, for
example -- and the County Attorney can point where this is, if it's
already in here.
There was some discussion about not requiring children, for
example, to wear the masks. And I'm not sure if I see that in here or
not, and if it is in here already --
MR. KLATZKOW: We have it on Line 99.
COMMISSIONER TAYLOR: It's there.
CHAIRMAN SAUNDERS: Line 99.
MR. KLATZKOW: We have it as a child under two years of
age.
CHAIRMAN SAUNDERS: So, it seems to me that that's
awfully young if there's going to be a requirement to wear a mask. I
just don't think children under -- an older age than two should be
covered. I don't know what that age should be, but I don't think a
three-year-old or a four-year-old should be required to wear a mask.
COMMISSIONER SOLIS: Sure.
CHAIRMAN SAUNDERS: So, if you're willing to change that
number to something more reasonable or something higher.
COMMISSIONER SOLIS: And I'm open to suggestion.
CHAIRMAN SAUNDERS: All right. Well, I would suggest
that, perhaps, maybe we put in there, like, 10 years old so that small
July 14, 2020
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kids are clearly not required.
COMMISSIONER FIALA: But then they can't go to school.
COMMISSIONER SOLIS: The schools -- the schools are
requiring it.
COMMISSIONER FIALA: If they don't wear a mask, they're
not allowed in school.
CHAIRMAN SAUNDERS: Well, that's a whole different issue
there. The school systems --
MR. KLATZKOW: School systems are excluded.
CHAIRMAN SAUNDERS: I understand. But in terms of
what the schools are going to require, according to Dr. Patton, is that
all students -- and I asked her if this applied to kindergarten. And
she said, all students are going to be required to wear masks and
goggles regardless of the age, and that's fine. That's the school
district, and they're all in a confined space for a long period of time.
Now we're talking about families going to a grocery store or to
the mall, and that's a whole different scenario. And I think that
children under 10 -- and I'm just picking 10. That's -- it's a different
scenario. And so, I could consider supporting the motion with some
changes, and that would be one of them.
COMMISSIONER SOLIS: Okay.
CHAIRMAN SAUNDERS: So, on Line 99 we would just put
in 10 years ago. Now, that's an arbitrary number, and so -- I'm just
throwing that out.
MR. KLATZKOW: You've gotten a variety around the state.
I've seen five years of age. Ten wouldn't be outlandish.
CHAIRMAN SAUNDERS: Okay.
MR. KLATZKOW: I mean, it's really the bars and the
restaurants that are spreading this, and you don't have a lot of
10-year-olds hanging out in bars and restaurants.
CHAIRMAN SAUNDERS: There was testimony concerning
July 14, 2020
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places of worship, and I think that should be excluded from this.
Now, I understand that places of worship -- there have been cases
where there's been spread of COVID-19 in places of worship. That's
been well documented because of singing and close contact, but I
don't want to get involved in anything that could be considered an
infringement of religion. And I would consider, again, supporting
this if we eliminated places of worship in their entirety from this.
So, again, Commissioner Solis that's a question --
COMMISSIONER SOLIS: Okay.
CHAIRMAN SAUNDERS: -- to you.
COMMISSIONER SOLIS: Okay. Is there another one? Let
me write that down. Keep track. Ten years. Okay.
CHAIRMAN SAUNDERS: All right. I want to talk a little bit
about the enforcement. We heard some testimony some time ago
from our law enforcement folks that there appeared to be some
reluctance to enforce this type of an ordinance from a criminal
standpoint. I think that a $500 penalty and a jail time of up to 60
days, I think we're criminalizing this, and I'd like to find a way for it
to be not a criminal offense but a civil penalty as opposed to -- and
that would eliminate our law enforcement from having to be the
enforcement mechanism. So that will eliminate one level of contact
between law enforcement and the public. Now, that begs a question
is: How do you enforce it?
And I think perhaps, you know, this could be a code
enforcement violation. That becomes very difficult to enforce. But
I think what we -- I think what we're doing -- and I'm suggesting this
to my colleagues on the Board that are opposed to this, that if this is a
civil violation, clearly enforcement will be very difficult. There's no
question about that. If it's a criminal violation, enforcement's going
to be very difficult as well, but at least we eliminate the law
enforcement contact.
July 14, 2020
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What I'm suggesting is, we agreed there should be a resolution
strongly urging compliance with wearing masks.
COMMISSIONER McDANIEL: That's correct.
COMMISSIONER TAYLOR: It's been written.
CHAIRMAN SAUNDERS: I understand.
COMMISSIONER TAYLOR: And passed.
CHAIRMAN SAUNDERS: I understand.
If we take this additional step where we have an executive order
that mandates it, it creates -- and it creates a civil violation, again,
we're making a statement to the public, a very strong statement to the
public, that we really want people to wear a mask when they're in
enclosed public spaces. Understanding, again, that enforcement
becomes difficult.
But I think two things: One, there are people that are going to
ignore this no matter what. That's just a given. But the vast, vast
majority of people, when they know that there's an order, that's a
little -- I admit, a little squishy. But we have an order. I think the
vast, vast majority of people will comply with it.
COMMISSIONER McDANIEL: Squishy.
CHAIRMAN SAUNDERS: That's a legal term.
COMMISSIONER TAYLOR: What does it mean?
CHAIRMAN SAUNDERS: It means very difficult to enforce.
COMMISSIONER McDANIEL: Yeah.
CHAIRMAN SAUNDERS: But we're looking for compliance.
COMMISSIONER McDANIEL: Right.
CHAIRMAN SAUNDERS: We're not looking to put people in
jail.
So, Commissioner Solis, if you and I could work a little bit on
the language in terms of enforcement, eliminate the criminality of
this, that eliminates law enforcement's involvement, then I'll consider
supporting it.
July 14, 2020
Page 264
COMMISSIONER SOLIS: Okay. A couple of questions. I
just want to be clear on this as an executive order as opposed to an
emergency ordinance or a regular ordinance, because -- and maybe
I'm not recollecting it correctly, but I thought that if it was going to
be an emergency ordinance, that we need -- it was a -- there was a
supermajority requirement. If it's -- but we can do this on a simple
majority as an emergency executive order. I just want to make sure
that I understand what we can do.
MR. KLATZKOW: You can do it -- you can do this today as
an emergency ordinance, which is my preference, but you need
four-fifths vote for that.
COMMISSIONER SOLIS: Okay.
COMMISSIONER FIALA: Say that again. I'm sorry.
MR. KLATZKOW: You can do this by an emergency
ordinance, but that requires at least four votes, all right.
COMMISSIONER SOLIS: But that's not -- I don't think that's
what the Chairman is suggesting.
MR. KLATZKOW: That's one way to do it.
CHAIRMAN SAUNDERS: We're not talking about an
emergency ordinance.
COMMISSIONER SOLIS: Right. That's what I'm saying.
MR. KLATZKOW: If you have four votes up there, that would
be the preferred method.
Your secondary method of doing this is as an emergency order
under a different statute. At that point in time, that would only
require three votes. The legal underpinnings for an emergency
ordinance are stronger than they are for the legal underpinnings of an
emergency order, but you can do both.
COMMISSIONER SOLIS: Okay. Okay.
CHAIRMAN SAUNDERS: So, Commissioner Solis, if we can
work on the penalties language.
July 14, 2020
Page 265
COMMISSIONER SOLIS: I'd be willing to amend the motion
to include the 10-year age limit and remove the criminal aspect of it.
We're not going to people in -- we're trying to get people out of the
jail because of COVID, so that doesn't make any sense.
I would like to -- I would -- I'm just curious. I mean, the bans
on smoking in buildings, how is that -- how is that enforced?
MR. KLATZKOW: That's a state statute, and you get arrested
for it.
COMMISSIONER TAYLOR: That's law enforcement.
CHAIRMAN SAUNDERS: Yeah. There's a constitutional
amendment dealing with smoking in public places.
MR. KLATZKOW: I think that's the Clean Air --
COMMISSIONER SOLIS: Clean Air Act.
CHAIRMAN SAUNDERS: That was implemented with
legislation. So, a different scenario there completely.
COMMISSIONER SOLIS: Okay.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER SOLIS: I would be open to those two -- to
those two amendments.
CHAIRMAN SAUNDERS: And the places to worship.
COMMISSIONER SOLIS: I mean, I -- I will reluctantly agree
to that. I think, you know, it's one -- actually, the one case I cited
stands for the proposition that it's not unconstitutional. But, you
know, my concern is that, again, without any -- without any
restrictions, I mean, that's -- it's not going to happen, and -- but I will
reluctantly agree to that.
CHAIRMAN SAUNDERS: All right.
So, Mr. Klatzkow, if this motion passes, you'll have to draft up
something real quickly for us to look at. I think from what I
understand, you can do that in 10 or 15 minutes if we do that.
MR. KLATZKOW: I've got my deputy upstairs waiting to go
July 14, 2020
Page 266
on this.
CHAIRMAN SAUNDERS: So, I'm going to turn this over to
the other members of the Board, but --
MR. KLATZKOW: There was one other item, Commissioner,
you had noted -- I don't know if you still felt that -- and that was
adding a clause "where social distancing is not possible."
COMMISSIONER TAYLOR: Where are we?
CHAIRMAN SAUNDERS: What line item are we --
MR. KLATZKOW: Well, that was -- you don't have that. It
was a conversation I had with Commissioner Saunders earlier in the
day where he thought that perhaps we should require this but
not -- but only where social distancing was not possible.
CHAIRMAN SAUNDERS: Yeah. I think that's already in
here, isn't it? Line 63.
MR. KLATZKOW: Well, that's in yours because I changed
that this morning for you, but --
CHAIRMAN SAUNDERS: Okay. I thought that was in
everybody's. Okay. All right. So, on Line 63, I'm sorry, the other
exclusion to this is where social distancing is not possible.
COMMISSIONER SOLIS: Commissioner -- and I respect that,
but the issue that we heard specifically from the Department of
Health is that indoors, because of the way air works in indoor
situations, there's extra concern with being indoors. And what I see
is a problem is saying, okay, well, I'm indoors, do I -- if I'm social
distancing, then I don't have to wear a mask, but I'm indoors with any
number of other people. I mean, I think, if we're going to -- if we're
going to require masks indoors where it's the most risk, then I think
we should do that. I mean, to -- I think we're going to create an
exception that will swallow the rule.
CHAIRMAN SAUNDERS: All right. I want to think about
that as we get the rest of the debate. So right now we have a motion
July 14, 2020
Page 267
to approve an emergency order with the exceptions that we discussed
which eliminates places of worship, applies to children under the age
of 10, and we've eliminated criminality from that, which will require
some drafting from the County Attorney.
So, we have a motion. I haven't seconded it yet, but I want to
hear from my colleagues as to whether or not you can support what
really is a -- would be a watered-down order but I think sends a
message to the public that we are requiring masks when in public
places. It's a whole lot different than what the ordinance was that
was presented to us in the sense that it eliminates criminality and, I
think, loosens it up a bit. So that's where I get the words "a little
swishy," but at least it sends a message.
COMMISSIONER TAYLOR: May I ask the County Attorney,
as you don't -- your thing doesn't work here.
CHAIRMAN SAUNDERS: Yeah.
COMMISSIONER TAYLOR: Who enforces this?
MR. KLATZKOW: That would be our code -- our Code
Enforcement people would have to enforce that. And the probability
would be that enforcement mechanisms would be with businesses
that were not enforcing the ordinance. So, for example -- and I
know Publix is doing a wonderful job, but I'll just use them -- and
they are doing a wonderful job. But if they were allowing people to
shop there without masks, we would require -- we would say, look, if
you don't stop that and require a mask, we're going to fine you.
COMMISSIONER TAYLOR: Fine you.
MR. KLATZKOW: Yes.
COMMISSIONER TAYLOR: $500.
MR. KLATZKOW: Up to $500.
COMMISSIONER TAYLOR: Up to $500.
MR. KLATZKOW: And you can lower that if you want, but
it's up to $500.
July 14, 2020
Page 268
COMMISSIONER TAYLOR: So now the Board of County
Commissioners are going to start fining businesses that are trying to
get -- survive in the COVID times.
MR. KLATZKOW: It's the only way you're going to enforce it,
because running around trying to put citations on people without
masks is not going to work.
COMMISSIONER TAYLOR: I support businesses that want
to require masks. I think that they have the right to require masks.
And I believe -- and I -- that masks and social distancing and hand
washing are the only weapons we have to fight this virus, but I cannot
support a mandate, and I cannot support fining our businesses at this
time. And if we don't have teeth, if we can't enforce, why are we
doing this?
COMMISSIONER FIALA: You know, I agree. I agree with
you. I have an addition maybe --
MR. OCHS: Commissioner, you've got to speak in your
microphone, please.
COMMISSIONER FIALA: I'm sorry. I didn't realize I was
away from it.
So, say, for instance, we didn't -- we didn't approve this but we
still want to see businesses -- you know, some businesses really want
to have or demand masks. That's great. Some people want to
demand masks in the business they want to shop in or eat in. So
there could be something like a sticker that they put in the door that
says, you know, this restaurant is masks only except when you're
eating, of course, or a mask-only business or this isn't. This is a
free-for-all. Whatever you want. I don't know; however you'd say
it. But this way, then, people know what to expect when they get to
that business, when they get to that restaurant, movie theater,
whatever. And that would help. But I can't vote for this the way it
is.
July 14, 2020
Page 269
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Well -- and it was going -- I
was going to bring this up. I have a -- because I'm kind of counting
here, and I'm not seeing support on any level for a mandate out of a
majority of this board. And one of my questions was, after we failed
this mandate, was to ask whether or not businesses who wished to
mandate it within their premise, if we had sufficient protection to
them to enforce it.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER McDANIEL: I don't want to -- I don't
want -- I'm certainly not in support of the mandate. I've said that
since the beginning. But I also respect the right of a business owner
who wishes to attract people to come to their business to be able to
have a mask-only facility and mandate patronage to wear a mask if,
in fact, they chose to do so. Can we -- is that kind -- is that -- is that
enforceability within our purview?
COMMISSIONER FIALA: I think so. In Fresh Market, for
instance --
CHAIRMAN SAUNDERS: Hang on just a second.
MR. KLATZKOW: So, what you're saying is if, again,
going --
COMMISSIONER McDANIEL: Use Publix.
MR. KLATZKOW: Again, going to Publix. They do a
wonderful job. That's about the only place I go to these days
because they do such a great job. Somebody walks in without a
mask and won't leave, at that point in time we're talking about the
Sheriff.
CHAIRMAN SAUNDERS: That's trespassing at that point if
they --
MR. KLATZKOW: And I think Commissioner Saunders is
right. I think at that point in time the Sheriff doesn't need anything
July 14, 2020
Page 270
from us.
COMMISSIONER McDANIEL: And that was my question,
because I'm not in support of the mandate by us on everybody, but I
wanted to make sure that businesses who wanted to mandate the
wearing -- if you want to come into my restaurant and eat, if you
want to go to Publix and go shopping -- and I'm using Publix as the
example just because they're everywhere. It could be anybody. But
if they -- if you wanted to come into my restaurant and eat, I could
deny you from coming into my restaurant if you refuse to wear a
mask --
COMMISSIONER TAYLOR: Right.
COMMISSIONER McDANIEL: -- and, at the same time,
respect your decision to not wear a mask because of medical -- and
I'm pointing at you because you're sitting there. But it's -- respect
your right to not wear a mask because of particular health issues that
you may have. So that's my question.
MR. KLATZKOW: I think we're good now. I mean, for
example, no shoes, no shirt, no mask, no service. You could do that.
You have restaurants that have dress codes, you know, and they'll
turn somebody aside for that, and that's enforced by the Sheriff.
COMMISSIONER McDANIEL: Having said that, again, there
are a myriad of reasons other than -- other than what I've already
said.
But one of the -- one of the things that we haven't really even
talked about is the right of privacy for our citizenry. We're not
allowed to ask about health issues when we're hiring somebody.
We're not allowed to -- there are -- there are ADA rules that
are -- that are against acquiring this kind of information
and/or -- and/or these kind of mandates. So we haven't even got
over into that aspect of it yet from a violation of privacy standpoint,
so...
July 14, 2020
Page 271
COMMISSIONER FIALA: I just wanted to add what you were
saying, and that is over at the Fresh Market they have a sign there,
and they said no mask, please do not enter. As simple as that.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER McDANIEL: And then you go down the
street to the next store if you don't want to wear a mask.
COMMISSIONER FIALA: Right, right, right.
CHAIRMAN SAUNDERS: I've been into several stores that
have that signage, that do not enter without a mask, and people are
entering without a mask.
COMMISSIONER SOLIS: Sure.
CHAIRMAN SAUNDERS: And the stores are not enforcing
that. Some of them aren't. Costco enforces it, but the other ones
that I've been in -- Publix is a good example. If you go into Publix
without a mask, I don't believe they're going to ask you to leave.
COMMISSIONER TAYLOR: No.
COMMISSIONER SOLIS: No.
CHAIRMAN SAUNDERS: So, I'm going to second your
motion, and I'll delete the language dealing with the -- where social
distancing is not possible. I won't require that and -- as part of the
motion.
And I'm going to suggest to my colleagues that this -- you know,
there's a lot of testimony about science. And, of course, you can find
science on both sides of any issue. I'm somewhat compelled by the
Medical Society, their executive board vote, their 700 signatures. I
also -- quite frankly, my twin brother is an emergency room
physician, and I asked about masks. And he's a diligent mask
wearer, but suggested that a mandatory mask ordinance from his
perspective made a lot of sense. And he's a pretty -- he's a pretty
conservative guy. This is -- he doesn't like government intrusion,
but he doesn't think this is much of an intrusion.
July 14, 2020
Page 272
So, I'm going to second the motion and ask for consideration
from the other members.
Who's next? Any other comments?
COMMISSIONER SOLIS: Well, I mean, I would like -- I
would like to say a couple things, that, you know, this is an
unprecedented thing that we're dealing with, and there's no track
record to fall back on. There's no plans that really have taken this
into consideration. But, you know, if we're -- if we handle this
properly, no one will remember this. If we don't handle this
properly, it will be what people remember, and it will be our legacy.
It will be our legacy if we don't handle this properly, and it will be
what people remember, because it's the most significant event that
we've had, even more so than Hurricane Irma. It's the most
significant event that's happened in Collier County probably in
history.
COMMISSIONER McDANIEL: Right.
COMMISSIONER SOLIS: And probably the most longest
lasting, because we really don't know how long this is going to last.
I beseech you all -- I'll pull out a lawyer term -- that this is something
for the benefit of the county that, as soon as it's clear that the numbers
are going in the right direction, we can remove. This is a temporary
situation to protect the health and welfare of the community.
Nothing more. And it's common sense.
And I just cannot emphasize how much I think this will mean in
the long run to the community both economically and from a health
perspective. I mean, this is a life and death decision. It can be.
CHAIRMAN SAUNDERS: Commissioner McDaniel?
COMMISSIONER McDANIEL: You know, I -- I want you to
understand, Commissioner Solis, not one of us cares any less about
our community than you do. Not one. This decision today doesn't
have to do with legacy. It doesn't have to do with our protection of
July 14, 2020
Page 273
our citizenry or not. We all care about our community. It's
imperative that you know and understand that.
I have said from the beginning of this outbreak, the individual's
responsibility for their own healthcare is paramount. It is the
responsibility of the individual, when they find themselves in
circumstances that are not happy for their health, to remove
themselves. From the beginning I've said that.
If you are -- when we continued the local stay-at-home order
way back in March, I said then, if there was a movement amongst
this board to do anything, we should protect our most vulnerable
population. I believe that's something society should have done way
back at the beginning, but we didn't. We didn't. Again, we left that
up to the individual. We left those folks who were 65 and above
and/or had comorbidities to protect themselves, take additional
precautions and the like.
There is as much science on the other side of this equation as
there is on the side that you're proposing. I just want -- I want you to
know that there isn't one of us that doesn't care about our community,
and mandating the wearing of a mask has nothing to do with how we
feel about our community.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: One of the -- knowing that this
was coming before us, I have paid a lot of attention to the different
states that have mandated mask ordinances, and one of them is
California. And it hasn't worked. The mandate hasn't worked
because people probably were not using their masks. Even if it was
mandated, they weren't doing it, because now they're going to a
lockdown. They're going back. The Governor announced that
yesterday. That, to me, speaks volumes of the idea that suddenly we
can pass an ordinance or pass an order and everyone is going to
comply.
July 14, 2020
Page 274
I like the carrot not the stick, and the carrot says education. The
carrot says reward businesses by noting that they are complying with
mask wearing. I like the concept of understanding that -- and a
speaker said it. We have three weapons: Hand washing, mask
wearing, and social distancing.
I heard a report from some folks that traveled to Tennessee.
They were in Gatlinburg yesterday or the day -- last week, excuse
me. And they said they avoided a street because everybody was
close to each other on the street. They kept to themselves. They
traveled.
You can -- you can wear a mask, but if you're next to each other
it doesn't work. The whole idea is that we look at this holistically.
We don't mandate it, but we do some serious education and reward
the businesses by noting them, however -- Commissioner Fiala, I
think your idea is a very good idea -- for their compliance with the
COVID pandemic we're in.
And that's what I feel comfortable with. And it doesn't mean I
don't care about people. It doesn't mean that I don't care about their
health at all or I am not concerned. It just means I really have a firm
belief that personal responsibility comes into this and that this
community will do the best they can do here.
CHAIRMAN SAUNDERS: Okay. I'm going to just read
something real quickly from Dr. Tober. It's just two sentences.
Dr. Tober says, I cannot imagine one good reason for not wearing a
mask when inside any building, store, et cetera. This is a very
effective step towards preventing further spread with, essentially, no
serious cost. Now, we're all saying that.
He goes on to say -- and this is the part that is relevant -- so
mandating the wearing of masks has, essentially, no substantive
downside and significant upside in terms of controlling the spread of
disease, and along with social distancing and hand washing, is the
July 14, 2020
Page 275
only flattener of the curve that we have access to short of shutting
down multiple aspects of the economy again.
So, I'm basing my second on this motion on the medical folks
that have been before us. I agree with Commissioner McDaniel:
We're all concerned about the public health, and, you know, an up or
down vote on this doesn't indicate a lack of concern. It's just a
philosophical issue.
COMMISSIONER McDANIEL: It's more than philosophical.
CHAIRMAN SAUNDERS: Any other comments -- we're
going to vote here in just a second. Any other comments?
(No response.)
CHAIRMAN SAUNDERS: All right. We have a motion and
a second. If there's no further comment, all in favor, signify by
saying aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
All opposed, signify by saying no.
COMMISSIONER FIALA: No.
COMMISSIONER TAYLOR: No.
COMMISSIONER McDANIEL: No.
CHAIRMAN SAUNDERS: That passes 5-0. Was that --
COMMISSIONER McDANIEL: There you go.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER TAYLOR: I wondered, if we could, if our
County Attorney would read the resolution that we passed that I
found, if you can access it.
CHAIRMAN SAUNDERS: And let me clarify for the record.
That motion did fail, because I know people are listing, and the last
thing they heard is that it passed. That motion failed 2-3, and we're
now on a request from Commissioner Taylor to reread for the public
the resolution that we did approve a few weeks ago.
July 14, 2020
Page 276
COMMISSIONER TAYLOR: And I don't know if that's even
possible, and if it's going to take more than --
MR. KLATZKOW: Well, unfortunately, my computer battery
died about five minutes ago. I can't bring it up.
COMMISSIONER TAYLOR: Okay. So let it be.
COMMISSIONER McDANIEL: We have it. I mean, it's a
matter of record.
COMMISSIONER TAYLOR: But we strongly encourage
mask wearing. That position has not changed.
COMMISSIONER McDANIEL: Nope.
CHAIRMAN SAUNDERS: All right. Mr. Ochs, where does
that leave us? I know we had the –
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OF FUTURE AGENDA - NO SPEAKERS
MR. OCHS: That leaves us on Item 7, Mr. Chairman, which is
public comments on general topics not on the current or future
agenda.
CHAIRMAN SAUNDERS: And, Troy, we have, what, 110
speakers lined up for that?
MR. MILLER: Yes, Mr. Chairman. We have 37 -- no. I'm
double-checking with our remote right now, but we have no one
registered in the room. I have no one waiting, and I'm trying to
confirm, but we appear to have no one online for Item 7.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
July 14, 2020
Page 277
MR. OCHS: That takes us to Item 15, which is your final item
today, staff and commission general communications.
Nothing from me today, Mr. Chairman. I wish you all a healthy and
safe recess.
CHAIRMAN SAUNDERS: All right. We'll go down the row
here. First of all, Ms. Kinzel, do you have anything?
MS. KINZEL: No. Thank you, Commissioner.
CHAIRMAN SAUNDERS: Mr. Klatzkow?
MR. KLATZKOW: I would only note that a few hours earlier
in Charlotte County, by the identical vote, did not pass the identical
order.
CHAIRMAN SAUNDERS: Okay. Commissioner McDaniel,
anything for the good of the order?
COMMISSIONER McDANIEL: Nothing for now, sir.
CHAIRMAN SAUNDERS: All right. Commissioner Taylor.
COMMISSIONER TAYLOR: No. Just wish you all a very
good break.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Nothing from me.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Have a nice summer,
everyone. We'll see you in September.
CHAIRMAN SAUNDERS: All right. I've got just a couple
quick things. I've got two plaques. One for Stan Chrzanowski, who
stepped down from the Planning Commission, served from
September 2013 through March 2020, and also a plaque for Mark
Strain who served from February 1989 [sic] to January [sic] of 2020.
I just wanted to publicly acknowledge them for their service.
Obviously, we don't have them here. I'll give these to the manager
for delivery to them.
July 14, 2020
Page 278
I want to thank the Board. This was a very difficult issue. We
had a tremendous number of speakers, and I think all of you can
proudly say that we listened to the public.
And, Commissioner Solis?
COMMISSIONER SOLIS: I disagree that we listened to the
public, but that's a whole 'nother issue.
CHAIRMAN SAUNDERS: And, Commissioner Solis, I want
to thank you for bringing it forward. That was a very important
discussion.
And with that, if there's nothing else, we are adjourned.
**** Commissioner Taylor moved, seconded by Commissioner
McDaniel and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ISLES OF COLLIER PRESERVE PHASE 10D,
PL20180003662 AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT
Item #16A2
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR KOHL’S, PL20110001976, ACCEPT
THE CONVEYANCE OF A PORTION OF THE POTABLE
July 14, 2020
Page 279
WATER FACILITIES, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $13,547.69 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT
Item #16A3
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR BENT CREEK PRESERVE PHASE 2B, PL20180003037
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR
THE DEVELOPER’S DESIGNATED AGENT
Item #16A4
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR THRIVE @ NAPLES, PL20180000748,
ACCEPT THE CONVEYANCE OF A PORTION OF THE
POTABLE WATER AND SEWER FACILITIES, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $57,190.25 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A5
July 14, 2020
Page 280
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR GATEWAY SHOPPES EXPANSION,
PL20180003733, ACCEPT THE CONVEYANCE OF A PORTION
OF THE SEWER FACILITIES, AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $38,378.38
TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT
Item #16A6
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER UTILITY FACILITIES FOR TREVI PHASE 2,
PL20180001898, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $16,792.01 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT
Item #16A7
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER FACILITIES FOR
NAPLES RESERVE BOAT RAMP AND TOT LOT.
[PL20200000743]
Item #16A8
July 14, 2020
Page 281
FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR LAMORADA PHASE 3, PL20180003705, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT
Item #16A9
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
FOR PRICE STREET PLAZA PHASE 3, PL20190000906, AND
TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT
Item #16A10
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES
AND ACCEPT THE CONVEYANCE OF A PORTION OF THE
SEWER UTILITY FACILITIES FOR THE NAPLES HERITAGE
TENNIS CENTER. [PL20200000834]
Item #16A11
RECORDING THE FINAL PLAT OF EDGE 75 BY
WATERMARK, PL20190000548, APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY
July 14, 2020
Page 282
Item #16A12
RECORDING THE FINAL PLAT OF FIDDLER’S CREEK
PLAZA, PL20160003105, APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
Item #16A13
RESOLUTION 2020-111: THE 2017 TIGER IX DISCRETIONARY
GRANT AGREEMENT, SPONSORED BY THE UNITED STATES
DEPARTMENT OF TRANSPORTATION, FOR THE
IMMOKALEE COMPLETE STREETS - GROWING
CONNECTIONS TO CREATE MOBILITY OPPORTUNITIES
PROJECT, IN THE AMOUNT OF $16,415,864 AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS
Item #16A14 – Moved to Item #17J (Per Agenda Change Sheet)
Item #16A15
A STANDARD FORM INDEMNITY AND HOLD HARMLESS
AGREEMENT AS A REQUIREMENT FOR COLLIER COUNTY
FIRE DEPARTMENT AND SHERIFF’S OFFICE TRAINING
EXERCISES ON COUNTY-OWNED IMPROVED PROPERTIES
WHERE THE BUILDINGS ARE DESTINED FOR DEMOLITION
AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE
TO EXECUTE
July 14, 2020
Page 283
Item #16A16
AWARD INVITATION TO BID (“ITB”) NO. 20-7733
“ROADWAY STRIPING” TO MCSHEA CONTRACTING, LLC.,
AS THE PRIMARY VENDOR, AND PARAMOUNT ASPHALT
SEALCOATING CORPORATION, AS THE SECONDARY
VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENTS
Item #16A17
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $14,630.86, FOR PAYMENT OF $580.86,
IN THE CODE ENFORCEMENT ACTION TITLED, BOARD OF
COUNTY COMMISSIONERS V. TIMOTHY TODD LAINHART,
LORI RENEE LAINHART, ANTHONY IRA LAINHART, AND
DEANA RENEE LAINHART, RELATED TO PROPERTY
LOCATED AT 75 25TH AVENUE NW, NAPLES, COLLIER
COUNTY, FLORIDA – VIOLATIONS CONSIST OF A
STRUCTURE THAT HAD UNPERMITTED ALERATIONS AND
BROUGHT INTO COMPLIANCE ON MARCH 27, 2013
Item #16A18
RELEASE OF TWO CODE ENFORCEMENT LIENS, WITH AN
ACCRUED VALUE OF $627,054.79, FOR PAYMENT OF
$2,904.79 IN THE CODE ENFORCEMENT ACTION TITLED,
BOARD OF COUNTY COMMISSIONERS V. ELLA III LLC.,
RELATED TO PROPERTY LOCATED AT 459 S. 8TH ST,
COLLIER COUNTY, FLORIDA – VIOLATION ABATED BY
THE NEW OWNER ON JANUARY 30. 2020
July 14, 2020
Page 284
Item #16A19
RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE
OF $138,000 FOR PAYMENT OF $1,500 IN THE CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS V. CKK PROPERTIES LLC, RELATING TO
PROPERTY LOCATED AT 3440 22ND AVE SE, COLLIER
COUNTY, FLORIDA, AND TO AUTHORIZE THE CHAIR TO
EXECUTE THE SATISFACTION OF LIEN – BROUGHT INTO
COMPLAINCE ON APRIL 13, 2020
Item #16A20
RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE
OF $36,719.47 FOR PAYMENT OF $5,119.47 IN THE CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS V. MILAN JOVANOVIC, RELATING TO
PROPERTY LOCATED AT 839 104TH AVE N, COLLIER
COUNTY, FLORIDA, AND TO AUTHORIZE THE CHAIR TO
EXECUTE A SATISFACTION OF LIEN – BROUGHT INTO
COMPLIANCE ON FEBRUARY 24, 2020
Item #16A21
RELEASE OF A CODE ENFORCEMENT LIEN, WITH AN
ACCRUED VALUE OF $182,427.92, FOR PAYMENT OF $627.92
IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF
COUNTY COMMISSIONERS V. TARPON IV LLC., RELATED
TO UNIMPROVED PROPERTY, FOLIO NO. 7621084000,
COLLIER COUNTY, FLORIDA – BROUGHT INTO
July 14, 2020
Page 285
COMPLIANCE ON FEBRUARY 18, 2020
Item #16A22
SUBRECIPIENT AGREEMENT IROO2 WITH THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO) FOR
FUNDING IN THE AMOUNT OF $591,374 FROM THE
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER
RECOVERY (CDBG-DR) FOR THE CONSTRUCTION OF THE
IMMOKALEE NORTH 3RD STREET DRAINAGE
IMPROVEMENTS AND AUTHORIZE ALL REQUIRED
BUDGET AMENDMENTS
Item #16A23
A LOCAL SPONSOR AGREEMENT (THE “AGREEMENT”)
BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL PROTECTION (“STATE DEP”), BY AND
THROUGH THE ROOKERY BAY NATIONAL ESTUARINE
RESEARCH RESERVE (“RBNERR”) AND COLLIER COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
FOR THE MONITORING OF EXISTING MANGROVE
POPULATION RELATED TO ENVIRONMENTAL PERMITTING
CONDITIONS REQUIRED FOR THE CONSTRUCTION OF
PROJECT NO. 60200, GOODLAND DRIVE
Item #16A24
A WORK ORDER WITH APTIM ENVIRONMENTAL &
INFRASTRUCTURE, INC.; TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES TO PREPARE THE FLORIDA
July 14, 2020
Page 286
DEPARTMENT OF ENVIRONMENTAL PROTECTION LOCAL
GOVERNMENT FUNDING REQUEST TO OFFSET FUTURE
BEACH RENOURISHMENT COSTS IN COLLIER COUNTY.
THE WORK WILL BE COMPLETED UNDER CONTRACT
NO.18-7432-CZ FOR TIME AND MATERIAL COST NOT TO
EXCEED $22,713.99. ADDITIONALLY, AUTHORIZE THE
CHAIRMAN TO EXECUTE THE WORK ORDER, AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM
Item #16A25
AWARD REQUEST FOR PROFESSIONAL SERVICES ("RPS")
NO. 19-7570 "COLLIER COUNTY TIMING & COORDINATION
PROJECT" (PROJECT NO. 33589), TO FALLER, DAVIS AND
ASSOCIATES, INC., IN THE AMOUNT OF $439,257.74 FOR
PROFESSIONAL SERVICES REQUIRED TO COMPLETE THE
RETIMING OF 37 SIGNALIZED INTERSECTIONS AND
AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT
Item #16A26
PROPOSAL BY CSA OCEAN SCIENCES, INC., TO CONTINUE
THE REQUIRED POST-CONSTRUCTION HARDBOTTOM
MONITORING FOR THE COLLIER COUNTY BEACH
NOURISHMENT PROJECT IN SUMMER 2020 FOR TIME AND
MATERIAL NOT TO EXCEED $159,997.30 UNDER THE
ALREADY APPROVED AND EXECUTED CONTRACT NO. 17-
7188; AUTHORIZE THE CHAIRMAN TO EXECUTE THE
WORK ORDER FOR THE PROPOSED SERVICES AND MAKE
A FINDING THAT THIS ITEM PROMOTES TOURISM
July 14, 2020
Page 287
Item #16A27
AWARD INVITATION TO BID (“ITB”) NO. 20-7730,
“VANDERBILT DRIVE CANALS MAINTENANCE DREDGING”
(PROJECT NO. 50154), TO GREG ORICK II MARINE
CONSTRUCTION, INC., IN THE AMOUNT OF $324,816.45,
AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENT – REMOVING A LARGE AMOUNT OF
SEDIMENT CAUSED BY HURRICANE IRMA
Item #16A28
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $497,800 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 60.084.1,
PL20130000686, FOR WORK ASSOCIATED WITH ESPLANADE
GOLF AND COUNTRY CLUB OF NAPLES SDP #1
Item #16A29
AMENDMENT NO. 01 TO AGREEMENT NO. 4600003935 WITH
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO
EXTEND THE AGREEMENT TO SEPTEMBER 21, 2021, FOR
THE COCOHATCHEE AND PALM RIVER DREDGING
PROJECT (#33606) – DUE TO PERMITTING DELAYS
Item #16A30
RECOGNIZING FY 2020/21 TRANSPORTATION
DISADVANTAGED PLANNING GRANT FUNDING IN THE
AMOUNT OF $27,016 TO THE COLLIER METROPOLITAN
July 14, 2020
Page 288
PLANNING ORGANIZATION FROM THE COMMISSION FOR
THE TRANSPORTATION DISADVANTAGED AND TO
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item #16A31
AN AGREEMENT FOR THE PURCHASE OF A FEE SIMPLE
PROPERTY (PARCEL 123FEE) REQUIRED FOR THE
IMMOKALEE STORMWATER IMPROVEMENT PROGRAM –
FOLIO #00087640001
Item #16A32
THE FINAL RANKING OF DESIGN-BUILD FIRMS AND TO
COMMENCE NEGOTIATIONS WITH QUALITY ENTERPRISES
USA, INC./Q. GRADYMINOR & ASSOCIATES, P.A., FOR
REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 20-
7708, DESIGN-BUILD VETERANS MEMORIAL BOULEVARD
EXTENSION, PHASE I (LIVINGSTON ROAD TO NEW HIGH
SCHOOL ON VETERANS MEMORIAL BOULEVARD)
Item #16A33
ACCEPTANCE OF CONTRACT NO. ASH85, FINANCIAL
PROJECT #412574-1-78-02, STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION (“FDOT”) STATE
HIGHWAY LIGHTING, MAINTENANCE AND
COMPENSATION AGREEMENT FOR MAINTENANCE OF
FDOT OWNED ROADWAY LIGHTING SYSTEMS TO BE
MAINTAINED BY COLLIER COUNTY TRAFFIC OPERATIONS
AND GRANTING SIGNATURE AUTHORITY TO THE CHIEF
July 14, 2020
Page 289
ENGINEER OF TRAFFIC OPERATIONS TO SIGN OFF ON
MINISTERIAL ANNUAL UPDATES CONCERNING THE
EXHIBIT LIST TO THE AGREEMENT
Item #16A34
AMENDMENT NO. 2 TO CONTRACT NO. ARX56, FINANCIAL
PROJECT #41266618801, STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION (“FDOT”), STATE HIGHWAY TRAFFIC
SIGNAL, MAINTENANCE AND COMPENSATION
AGREEMENT, FOR MAINTENANCE OF FDOT OWNED
TRAFFIC SIGNAL SYSTEMS TO BE MAINTAINED BY
COLLIER COUNTY TRAFFIC OPERATIONS AND GRANTING
AUTHORITY TO THE CHIEF ENGINEER OF TRAFFIC
OPERATIONS TO SIGN OFF ON ANNUAL MINISTERIAL
UPDATES CONCERNING THE EXHIBIT LIST TO THE
AGREEMENT
Item #16A35
TERMINATION OF AGREEMENT NO. 18-7413 WITH
SCHNECK LEGAL, AS LEGAL COUNSEL FOR THE COLLIER
COUNTY CODE ENFORCEMENT AND NUISANCE
ABATEMENT BOARDS, FOR CONVENIENCE
Item #16A36
WAIVING FORMAL COMPETITION AND APPROVE MASTER
AGREEMENT NO. 20-046-NS WITH METRO FORECASTING
MODELS, LLC, AS A SINGLE SOURCE CONSULTANT FOR
SOFTWARE AND SERVICES RELATED TO METRO’S
July 14, 2020
Page 290
PROPRIETARY COUNTY INTERACTIVE GROWTH MODEL
Item #16A37
SELECTION COMMITTEE’S RANKING FOR REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 20-7710,
“PLANTATION ISLAND WATERWAYS POST-HURRICANE
IRMA RESTORATION PRE-DESIGN STUDY,” AND
AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS
WITH THE TOP-RANKED FIRM, ATKINS NORTH AMERICA,
INC.
Item #16A38
ESTABLISHING A POLICY AND A STANDARD TEMPLATE
FOR AN EASEMENT USE AGREEMENT ASSOCIATED TO
EXISTING MINOR ENCROACHMENTS IN THE COLLIER
COUNTY DRAINAGE EASEMENT FOR THE GOLDEN GATE
MAIN CANAL BETWEEN AIRPORT ROAD AND THE GOLDEN
GATE MAIN CANAL CONTROL STRUCTURE #1,
MAINTAINED BY THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, ON BEHALF OF THE BOARD OF
COUNTY COMMISSIONERS
Item #16A39
RESOLUTION 2020-112: SUBMITTAL OF THE IMMOKALEE
WATER QUALITY ENHANCEMENT PROJECT TO THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) BIG
CYPRESS BASIN LOCAL PARTNERSHIP GRANTS PROGRAM
FOR FY 2021 IN THE AMOUNT OF $3,000,000 AND APPROVE
July 14, 2020
Page 291
A RESOLUTION SUPPORTING THE COUNTY’S GRANT
APPLICATION
Item #16A40
A FEDERAL GRANT WITH THE U.S. DEPARTMENT OF THE
INTERIOR THROUGH U.S. FISH AND WILDLIFE SERVICE,
AND ADDITIONAL FUNDING FROM FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR A
TOTAL AMOUNT OF $294,353.41, FOR THE REMOVAL OF
ELIGIBLE DEBRIS FROM MANGROVES, SHORELINES AND
OPEN WATERS AS A RESULT OF HURRICANE IRMA AND
AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS
Item #16A41
AN AGREEMENT BETWEEN ANDREW W.J. DICKMAN,
A.I.C.P. AND COLLIER COUNTY TO PROVIDE HEARING
EXAMINER SERVICES
Item #16B1
A SITE IMPROVEMENT GRANT AGREEMENT BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY AND RADEL
REALTY, LLC, IN THE AMOUNT OF $6,133.05 FOR THE
PROPERTY LOCATED AT 2723 GULFVIEW DRIVE, NAPLES,
FLORIDA 34112 LOCATED WITHIN THE BAYSHORE
GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT
AREA – REPLACING A BROKEN CONCRETE DRIVEWAY
WITH PAVERS AND ADDING LANDSCAPE LIGHTING
July 14, 2020
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Item #16B2
A COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY AND THINGS I LIKE BY
CATHERINE, LLC, IN THE AMOUNT OF $50,000 FOR THE
PROPERTY LOCATED AT 3954 BAYSHORE DRIVE, NAPLES,
FLORIDA 34112 LOCATED WITHIN THE BAYSHORE
GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT
AREA – CONVERTING AN EXISTING SINGLE-FAMILY
RESIDENCE INTO A COMMERCIAL GALLERY AND RETAIL
SPACE
Item #16B3
APPROVAL OF THE MUTUAL TERMINATION AGREEMENT
BETWEEN CROWN CASTLE SOUTH LLC (CROWN) TO
FORMALLY TERMINATE THE CELL TOWER LEASE AS
OUTLINED IN THE AGREEMENT REGARDING CELL TOWER
FOR CRA PROPERTY WITHIN THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA –
LOCATED AT 2370 KIRKWOOD AVENUE
Item #16C1
RESOLUTION 2020-113: (1) AMENDMENT NO. 1 TO THE
MAJOR USER AGREEMENT FOR DELIVERY AND REUSE OF
IRRIGATION QUALITY (“IQ”) WATER ENHANCING THE
COUNTY'S ABILITY TO ADD NEW CUSTOMERS WHEN THE
IQ SYSTEM’S CAPACITY CAN SUSTAIN IT; AND (2) A
RESOLUTION AUTHORIZING THE CHAIRMAN TO SIGN THE
July 14, 2020
Page 293
AMENDMENT AS THE EXECUTED VERSIONS ARE
RETURNED BY MAJOR USER CUSTOMERS
Item #16C2
RESOLUTION 2020-114: A COLLIER COUNTY STANDARD
FORM LONG-TERM LEASE NOT-FOR-PROFIT ENTITY WITH
SNIP COLLIER INC., FOR USE OF THE FORMER DAS
SHELTER IN IMMOKALEE
Item #16C3
RESOLUTION 2020-115: SATISFACTION OF LIENS FOR THE
1192, 1993, 1994, 1995, AND 1996 SOLID WASTE COLLECTION
AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE
THE COUNTY HAS RECEIVED PAYMENT IN FULL
SATISFACTION OF THE LIENS
Item #16C4
A WORK ORDER TO QUALITY ENTERPRISES USA, INC., IN
THE AMOUNT OF $278,511.53, UNDER BID NO. 2005-009-01-
01-REQUEST FOR QUOTE (“RFQ”) NO. 14-6213, “MASTER
PUMP STATION 300.06 REHABILITATION,” AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENT – LOCATED
ALONG ST. ANDREWS BLVD.
Item #16C5
A ZERO-DOLLAR CHANGE ORDER NO. 1 TO AGREEMENT
NO. 19-7615, BIG CORKSCREW ISLAND REGIONAL PARK,
July 14, 2020
Page 294
ADDING 123 DAYS TO THE SOUTH CONTRACT PORTION OF
THE PARK PROJECT – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16C6
THE NECESSARY BUDGET AMENDMENTS TO
REALLOCATE PUBLIC UTILITIES DEPARTMENT PROJECT
FUNDS – FOR PROJECT #70129, #70135 AND #71067
Item #16C7
AN AGREEMENT FOR SALE AND PURCHASE
(“AGREEMENT”) FOR THE SOLID AND HAZARDOUS WASTE
MANAGEMENT DIVISION TO ACQUIRE 5 ACRES OF LAND
THAT IS IMPROVED WITH A SINGLE-FAMILY HOME
(“PROPERTY”) AS PART OF AN ASSEMBLAGE OF
PROPERTIES THAT ARE IMMEDIATELY ADJACENT TO THE
COUNTY LANDFILL AND CONTIGUOUS TO OTHER LANDS
ACQUIRED BY THE COUNTY. (PROJECT #59012) - LOCATED
AT 2390 MARKLEY AVENUE
Item #16C8
A WORK ORDER TO KYLE CONSTRUCTION INC., FOR THE
AMOUNT OF $328,300.00 UNDER REQUEST FOR QUOTATION
#14-6213 FOR UNDERGROUND UTILITY CONTRACTING
SERVICES FOR "GOODLAND AND BELLAIRE WATER MAIN
REPLACEMENT" (PROJECT NUMBER 70174) AND APPROVE
THE NECESSARY BUDGET AMENDMENT
July 14, 2020
Page 295
Item #16C9
A DEVELOPER PHASE AGREEMENT AND MASTER
DEVELOPER AGREEMENT WITH AVE MARIA UTILITY
COMPANY, LLLP TO PROVIDE WATER AND WASTEWATER
SERVICE TO THE MULTI-PURPOSE PUBLIC SAFETY
FACILITY ON COUNTY-OWNED PROPERTY LOCATED
WITHIN THE TOWN OF AVE MARIA IN FURTHERANCE OF
THE BOARD APPROVED LEASE AGREEMENT WITH THE
IMMOKALEE FIRE DISTRICT
Item #16C10
SIXTH AMENDMENT TO REAL ESTATE SALES AGREEMENT
WITH RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE
(AND NOT INDIVIDUALLY) TO INCREASE THE SIZE OF THE
RANDALL CURVE PROPERTY BY 5.16+/- ACRES FOR AN
ADDITIONAL $78,000 TO PROVIDE PRIVATE TREATMENT
AND ATTENUATION FOR A SEGMENT OF IMMOKALEE
ROAD – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16C11
AN AGREEMENT FOR REQUEST FOR PROPOSAL (“RFP”) NO.
20-7743, “EMERGENCY CATERING SERVICES,” TO
ASHBRITT, INC., AS A PRIMARY VENDOR, MATTISON’S 41,
LLC DBA MATTISON’S CATERING, AS A SECONDARY
VENDOR, AND TASTEBUDS CUSTOM CATERING, INC., AS A
TERTIARY VENDOR FOR COUNTY-WIDE EMERGENCY
CATERING SERVICES – SERVICES BEFORE, DURING
AND/OR AFTER AN EMERGENCY OR DISASTER EVENT
July 14, 2020
Page 296
Item #16C12
A BUDGET AMENDMENT FOR THE FACILITIES
MANAGEMENT DIVISION IN THE AMOUNT OF $200,000 TO
REDISTRIBUTE EXISTING DIVISION FUNDS TO
REDISTRIBUTE EXISTING DIVISION FUNDS TO FOCUS ON
HVAC PROJECTS
Item #16C13
AWARD INVITATION FOR QUALIFICATIONS NO. 20-7700-
ST, “CONSTRUCTION MANAGER AT RISK (“CMAR”) FOR
GOVERNMENT OPERATIONS BUSINESS PARK TO
MANHATTAN CONSTRUCTION, INC., FOR PRE-
CONSTRUCTION PHASE SERVICES FOR THE COLLIER
COUNTY GOVERNMENT OPERATIONS BUSINESS PARK IN
THE AMOUNT OF $206,920 AND TO AUTHORIZE THE
CHAIRMAN TO EXECUTE THE AGREEMENT – LOCATED AT
3959 CITY GATE BLVD. N
Item #16D1
THE SUBMITTAL OF THE FY20 PROGRAM OF PROJECTS
GRANT APPLICATION FOR THE FEDERAL TRANSIT
ADMINISTRATION 49 U.S.C 5307 AND 5339 FY20 GRANT
FUNDS SUPPORTING THE TRANSIT SYSTEM CAPITAL AND
OPERATIONAL COSTS IN THE AMOUNT OF $3,323,246
THROUGH THE TRANSIT AWARD MANAGEMENT SYSTEM
AND ACCEPT THE AWARD AND AUTHORIZE ANY
NECESSARY BUDGET AMENDMENTS
July 14, 2020
Page 297
Item #16D2
“AFTER-THE-FACT” CONTRACT AMENDMENTS,
ATTESTATION STATEMENTS, AND BUDGET AMENDMENTS
BETWEEN THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., AND COLLIER COUNTY
SERVICES FOR SENIORS TO EXTEND THE COMMUNITY
CARE FOR THE ELDERLY, ALZHEIMER’S DISEASE
INITIATIVE AND HOME CARE FOR THE ELDERLY
PROGRAMS GRANT PERIOD FOR SIXTY (60) DAYS OR
UNTIL A NEW 2020 CONTRACT IS EXECUTED
Item #16D3
THE SUBMITTAL OF AN FY19/20 GRANT APPLICATION FOR
FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE
FUNDING IN THE AMOUNT OF $500,000 FOR THE
PURCHASE OF A 30 FT. FIXED ROUTE BUS THROUGH
FEDERAL TRANSIT ADMINISTRATION TRANSIT AWARD
MANAGEMENT SYSTEM
Item #16D4
THE FY20 BUREAU OF JUSTICE ASSISTANCE COVID-19
EMERGENCY SUPPLEMENTAL FUNDING PROGRAM GRANT
AWARD IN THE AMOUNT OF $223,627 FOR THE PURCHASE
OF PERSONAL PROTECTIVE EQUIPMENT FOR COLLIER
COUNTY SHERIFF'S DEPUTIES AND AUTHORIZE THE
COUNTY MANAGER TO SIGN ALL NECESSARY
DOCUMENTS AND AUTHORIZE THE NECESSARY BUDGET
July 14, 2020
Page 298
AMENDMENT
Item #16D5
ACCEPTANCE OF $126,099 IN NEIGHBORHOOD
STABILIZATION PROGRAM RECAPTURED FUNDS,
AUTHORIZE THE CHAIRMAN TO SIGN AMENDMENT # 8
BETWEEN COLLIER COUNTY AND HABITAT FOR
HUMANITY, AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT – FOR THE REPLACEMENT OF A NON-
COMPLIANT PROPERTY
Item #16D6
AN “AFTER-THE-FACT” SUBMITTAL OF FIVE (5)
APPLICATIONS TO THE STATE DEPARTMENT OF
ECONOMIC OPPORTUNITY FOR COMPETITIVE
COMMUNITY DEVELOPMENT BLOCK GRANT -
MITIGATION FUNDING IN THE AMOUNT OF $6,620,174 –
FOR THE IMMOKALEE SPORTS COMPLEX, GOLDEN GATE
SENIOR CENTER, IMMOKALEE LIBRARY, MARION E.
FETHER MEDICAL CLINIC IMMOKALEE AND THE
HEATHCARE NETWORK OF SW FLORIDA
Item #16D7
A SUBRECIPIENT AGREEMENT BETWEEN COLLIER
COUNTY AND THE COLLIER COUNTY HOUSING
AUTHORITY AND A LETTER OF COMMITMENT PROVIDING
FOR $500,000 OF FY19-20 HOME INVESTMENT
PARTNERSHIP FUNDING FOR HVAC INSTALLATION AT
July 14, 2020
Page 299
FARMWORKER VILLAGE – FOR THE INSTALLATION OF 49
HVAC UNITS
Item #16D8
FEE WAIVERS GRANTED BY THE DIRECTOR OF DOMESTIC
ANIMAL SERVICES FOR THE PERIOD OF OCTOBER 1, 2019
THROUGH MARCH 31, 2020 IN ACCORDANCE WITH THE
PROCESS ESTABLISHED BY RESOLUTION NO. 2018-106 IN
THE AMOUNT OF $1,758 – WAIVING SURRENDER AND
BOARDING FEES FOR 24 ANIMALS
Item #16D9
A DEVELOPER AGREEMENT WITH HOUSING
DEVELOPMENT CORPORATION OF SW FLORIDA, INC.,
D/B/A/ HELP IN THE AMOUNT OF $160,000 FOR THE
ACQUISITION OF TWO (2) PERMANENTLY AFFORDABLE
HOUSING UNITS
Item #16D10
ONE (1) SATISFACTION OF MORTGAGE FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT LOAN
PROGRAM IN THE AMOUNT OF $20,000 FOR AN OWNER-
OCCUPIED DWELLING UNIT THAT HAS SATISFIED THE
TERMS OF THE AFFORDABILITY PERIOD – LOCATED AT
4472 AVE SW
Item #16D11
July 14, 2020
Page 300
TWO (2) RELEASES OF LIEN FOR THE DISASTER RECOVERY
INITIATIVE LOAN PROGRAM IN THE AMOUNT OF
$281,821.75 FOR OWNER-OCCUPIED DWELLING UNITS
THAT HAVE SATISFIED THE 10-YEAR AFFORDABILITY
PERIOD – LOCATED AT 47 MOON BAY STREET AND 71 ISLE
OF SAINT THOMAS
Item #16D12
SIX (6) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE AMOUNT OF $84,500 AND THE ASSOCIATED BUDGET
AMENDMENT – LOCATED AT 5489 MARTIN STREET, 1962
45TH TERRACE SW, 13384 COVENANT ROAD, 13601
KOINONIA DRIVE, 1505 PEACE WAY AND 15733 MARCELL
CIRCLE
Item #16D13
RESOLUTION 2020-116: APPROVING THE TRANSPORTATION
PLAN FOR ACUTE CARE SERVICES FOR ADULTS AND
CHILDREN IN COLLIER COUNTY FOR THE STATE FISCAL
YEAR 2020-2023
Item #16D14
A BUDGET AMENDMENT AND ACCEPT A $10,000 GRANT
AWARD FROM THE PARTNERS FOR FISH AND WILDLIFE
PROGRAM AND AUTHORIZE THE CHAIRMAN TO SIGN THE
LANDOWNER AGREEMENT TO SUPPORT THE FISH AND
WILDLIFE HABITAT RESTORATION AT MCILVANE MARSH
July 14, 2020
Page 301
PRESERVE – FOR INVASIVE, EXOTIC PLANT REMOVAL
AND MANAGEMENT
Item #16D15
AUTHORIZING PURCHASES FROM BIBLIOTHECA, LLC AND
OVERDRIVE, INC., AS EXEMPTIONS FROM THE
COMPETITIVE PROCESS FOR THE ACQUISITION OF
ELECTRONIC RESOURCE MATERIALS (EBOOKS) FOR
LIBRARY PATRON USE, IN A NOT TO EXCEED THE
AMOUNT OF $400,000 PER FISCAL YEAR, AS BUDGETED,
THROUGH FY 2023
Item #16D16
THIRD AMENDMENT TO AGREEMENT NO. 19-002-WV WITH
BENAVATE, INC., ("BENAVATE"), FOR GRANT
MANAGEMENT SOFTWARE, APPROVE THE EXPENDITURE
IN THE AMOUNT OF $14,300, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AMENDMENT
Item #16D17
AN “AFTER-THE-FACT” AGREEMENT AND ATTESTATION
STATEMENT WITH THE AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC., CORONAVIRUS AID, RELIEF,
AND ECONOMIC SECURITY (CARES) ACT FUNDING UNDER
THE OLDER AMERICAN ACT GRANT PROGRAM FOR THE
COLLIER COUNTY SERVICES FOR SENIORS PROGRAM AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENTS
July 14, 2020
Page 302
Item #16D18
THE REALLOCATION OF ESTIMATED FY2020/2021 STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) FUNDS TO THE
CORONAVIRUS/RELIEF FUND FOR THE SHIP PROGRAM,
AUTHORIZE THE COUNTY MANAGER TO SIGN THE
FUNDING AGREEMENT UPON ARRIVAL, AND AUTHORIZE
THE NECESSARY ADMINISTRATIVE BUDGET
REALLOCATION AMENDMENT – PROVIDING HOUSING
AND UTILITY ASSISTANCE TO INDIVIDUALS AND
HOUSEHOLDS WHO HAVE LOST EMPLOYMENT OR
INCOME
Item #16D19
SIX (6) COUNTYWIDE IMPACT FEE RELEASES OF LIEN FOR
FULL PAYMENT OF $95,918.13 (INCLUDING $14,711.57
INTEREST) AND ONE (1) STATE HOUSING INITIATIVES
PARTNERSHIP IMPACT FEE DEFERRAL LIEN RELEASE
($12,389.98), PURSUANT TO AGREEMENT FOR DEFERRAL
OF 100% OF COLLIER COUNTY IMPACT FEES PROGRAM
FOR OWNER-OCCUPIED AFFORDABLE HOUSING
DWELLINGS – LOCATED AT 1505 PEACE WAY,
IMMOKALEE; 13384 COVENANT ROAD, NAPLES; 13601
KOINONIA DRIVE, NAPLES; 4430 BOTANICAL PLACE UNIT
104, NAPLES; 325 ROSE AVENUE, IMMOKALEE; NAPLES
MANOR ANNEX BLOCK 8, LOT 23; AND 1651 20TH AVE NE,
NAPLES
Item #16D20
July 14, 2020
Page 303
RESOLUTION 2020-117: A LETTER OF COMMITMENT IN
SUPPORT OF THE LEADERSHIP COUNCIL ON AGING (LCA)
SEEKING MEMBERSHIP TO THE ASSOCIATION OF
AMERICAN RETIRED PERSONS (AARP) NETWORK OF AGE
FRIENDLY COMMUNITIES
Item #16D21
AUTHORIZING EXPENDITURES FOR THE SINGLE-SOURCE
PURCHASE OF BECS TECHNOLOGY CHEMICAL AND POOL
FILTRATION SYSTEMS (BECS), PARTS AND MATERIALS,
AND APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN
THE ATTACHED AGREEMENT NO. 20-041-NS WITH
COMMERCIAL ENERGY SPECIALISTS, INC. – FOR SUN-N-
FUN LAGOON, EAGLES LAKES COMMUNITY PARK AND
BIG CYPRESS ISLAND REGIONAL PARK
Item #16D22
A FIRST AMENDMENT TO AGREEMENT NO. 19-7500 WITH
G.A. FOOD SERVICES OF PINELLAS COUNTY, INC., D/B/A
G.A. FOOD SERVICE, INC., FOR THE SENIOR FOOD
PROGRAM – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16E1
EMS TO ACCEPT DIRECT PAYMENTS FROM THE PROGRAM
NAMED STATEWIDE MEDICAID MANAGED CARE (SMMC),
A SUPPLEMENTAL MEDICARE PAYMENT PROGRAM, IN
THE AMOUNT UP TO $620,090.36 AND TO AUTHORIZE
CHAIRMAN TO SIGN SEVEN (7) PUBLIC EMERGENCY
July 14, 2020
Page 304
MEDICAL TRANSPORTATION UNIFORM INCREASE
AGREEMENTS WITH FLORIDA COMMUNITY CARE, LLC,
HUMANA MEDICAL PLAN, INC., MOLINA HEALTHCARE OF
FLORIDA, STAYWELL, SUNSHINE STATE HEALTH PLAN,
INC., VIVIDA HEALTH AND CLEAR HEALTH ALLIANCE,
AND TO APPROVE THE NECESSARY BUDGET
AMENDMENTS – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16E2
A FEDERALLY FUNDED SUBGRANT AGREEMENT G0161 TO
ACCEPT THE EMERGENCY MANAGEMENT PERFORMANCE
GRANT COVID-19 SUPPLEMENTAL IN THE AMOUNT OF
$22,103.80 FROM THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT AND TO AUTHORIZE THE NECESSARY
BUDGET AMENDMENT
Item #16E3
AN ASSUMPTION AGREEMENT WITH RECHTIEN
INTERNATIONAL TRUCKS, INC., ASSIGNING ALL RIGHTS,
DUTIES AND BENEFITS, AND OBLIGATIONS UNDER
INVITATION TO BID (ITB) NO. 19-7651, “INTERNATIONAL
TRUCKS PARTS.”
Item #16E4
RESOLUTION 2020-118: AUTHORIZING THE REMOVAL OF
7,484 AMBULANCE SERVICE ACCOUNTS AND THEIR
RESPECTIVE UNCOLLECTIBLE ACCOUNTS RECEIVABLE
July 14, 2020
Page 305
BALANCES WHICH TOTAL $5,756,419.57, FROM THE
ACCOUNTS RECEIVABLE OF COLLIER COUNTY FUND 490
(EMERGENCY MEDICAL SERVICES) FINDING DILIGENT
EFFORTS TO COLLECT HAVE BEEN EXHAUSTED AND
PROVED UNSUCCESSFUL
Item #16E5
“AFTER-THE-FACT” SUBMITTAL OF A FIRE MANAGEMENT
ASSISTANCE SUBGRANT TO THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT FOR REIMBURSEMENT OF
EXPENSES INCURRED DURING THE FLORIDA 36TH
AVENUE SE FIRE IN THE ESTIMATED AMOUNT UP TO
$300,000
Item #16E6
MODIFICATIONS TO THE 2020 FISCAL YEAR PAY &
CLASSIFICATION PLAN WHICH CONSIST OF THE REMOVAL
OF FIVE OBSOLETE CLASSIFICATIONS AND THREE
RECLASSIFICATIONS MADE FROM APRIL 1, 2020 THROUGH
JUNE 30, 2020
Item #16E7
THE FIRST ADDENDUM TO AMENDMENT NO. 15 TO THE
AGREEMENT WITH COLLIER COUNTY DISTRICT SCHOOL
BOARD FOR THE DRIVER EDUCATION PROGRAM – THE
PROGRAM WAS CANCELLED THIS YEAR DUE TO COVID-19
Item #16E8
July 14, 2020
Page 306
A MEMORANDUM OF AGREEMENT (MOA) WITH THE
FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND
ANY SUBSEQUENT MOA’S OFFERED DURING CALENDAR
YEAR 2020 THAT ARE OF IDENTICAL FORM TO ACCEPT
AND HOUSE A TOWABLE GENERATOR FOR SHARED USE
Item #16E9
AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”)
NO. 18-7432-EV, “PROFESSIONAL SERVICES LIBRARY –
ENVIRONMENTAL ENGINEERING CATEGORY,” TO JACOBS
ENGINEERING GROUP INC., STANTEC CONSULTING
SERVICES INC., ATKINS NORTH AMERICA, INC., JOHNSON
ENGINEERING, INC., CARDNO, INC., EARTH TECH
ENVIRONMENTAL LLC, GFA INTERNATIONAL, INC. AND
AMERICAN MANAGEMENT RESOURCES CORPORATION,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENTS
Item #16E10
WAIVING THE COMPETITION AND APPROVE WESCO TURF,
INC., AS THE SOLE SOURCE VENDOR FOR TORO
COMMERCIAL TURF AND GOLF COURSE IRRIGATION
PRODUCTS, PARTS, AND SERVICES
Item #16E11
AWARD INVITATION FOR QUALIFICATION (“IFQ”) NO. 20-
7712, "CONSTRUCTION MANAGEMENT SERVICES,” TO
July 14, 2020
Page 307
OWEN-AMES-KIMBALL COMPANY, JACOBS ENGINEERING
GROUP INC., GATES GROUP LLC D/B/A GATES
CONSTRUCTION, AIM CONSTRUCTION CONTRACTING LLC,
CAPITAL CONSULTING SOLUTIONS, DEANGELIS DIAMOND
CONSTRUCTION, AND WRIGHT CONSTRUCTION GROUP,
INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENTS
Item #16E12
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E13
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16F1
RECOGNIZING NICHOLAS QUIST, PUBLIC UTILITIES
WASTEWATER MAINTENANCE SPECIALIST, AS THE JUNE
2020 EMPLOYEE OF THE MONTH. THE AWARD HAS BEEN
PRESENTED TO THE RECIPIENT BY STAFF MEMBERS
Item #16F2 – Commissioner McDaniel voted “no” on this item
during agenda changes
July 14, 2020
Page 308
FIRST AMENDMENT TO AGREEMENT NO. 16-6571 WITH
TINDALE OLIVER & ASSOCIATES INC., PERTAINING TO
THE PROVISION OF PROFESSIONAL IMPACT FEE STUDY
SERVICES, WHICH PROVIDES FOR AN ADDITIONAL ONE-
YEAR RENEWAL TERM, OR UNTIL A NEW CONTRACT CAN
BE SOLICITED AND AWARDED BY THE BOARD,
WHICHEVER IS SOONER, AND A $200,000 INCREASE TO THE
MAXIMUM AMOUNT THAT CAN BE EXPENDED UNDER
THE AGREEMENT THROUGH THE RENEWAL TERM
Item #16F3
RESOLUTION 2020-119: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2019-20 ADOPTED
BUDGET
Item #16F4
AUTHORIZING BUDGET AMENDMENTS TOTALING $286,500
THAT WILL PROVIDE FUNDING FOR VARIOUS AGENCIES
WITHIN THE COURTS SYSTEM TO COVER ARTICLE V
REVENUE SHORTFALL FOR THE BALANCE OF FY 2020
Item #16F5
AWARD REQUEST FOR PROPOSAL (RFP) NO. 20-7706 FOR
TOURISM PUBLIC RELATIONS SERVICES TO LOU
HAMMOND & ASSOCIATES, INC. (FL), AUTHORIZE THE
CHAIRMAN TO EXECUTE THE COUNTY ATTORNEY
July 14, 2020
Page 309
APPROVED CONTRACT AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM – CREATING AND
IMPLENTING AN EFFECTIVE OUT OF MARKET MEDIA
RELATIONS STRATEGY
Item #16F6
TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO
SUPPORT THE UPCOMING SEPTEMBER AND OCTOBER 2020
SPORTS TOURISM EVENTS UP TO $29,450 AND MAKE A
FINDING THAT THESE EXPENDITURES PROMOTE TOURISM
– FOR THE PUBLIX LABOR DAY SOCCER CUP, SEPTEMBER
5-7; NAPLES KICK OFF SOCCER, SEPTEMBER 19-20;
ALLIGATOR ALLEY FALL BASEBALL CLASSIC, OCTOBER
2-4; AND THE INTERNATIONAL SOCCER QUALIFIER,
OCTOBER 24-25
Item #16F7
AGREEMENT WITH CISION USA, INC., TO PROVIDE MEDIA
MONITORING SERVICES TO THE TOURISM DIVISION FOR
FY20-FY23 IN THE TOTAL AMOUNT OF $41,925 AND MAKE
A FINDING THAT THIS ACTION PROMOTES TOURISM
Item #16E8
RESOLUTION 2020-120: FIXING SEPTEMBER 3, 2020, 5:05
P.M., IN THE THIRD FLOOR BOARD ROOM, 3299 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, AS THE DATE, TIME
AND PLACE FOR THE PUBLIC HEARING FOR APPROVING
THE SPECIAL ASSESSMENT (NON-AD VALOREM
July 14, 2020
Page 310
ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES
WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING
AND BENEFIT UNIT
Item #16E9
THE COMBINED FBU NATIONAL CHAMPIONSHIP (FBUNC)
AND TOP GUN SHOWCASE AGREEMENTS AND TO EXTEND
THE TERM FOR EACH EVENT TO 2025 AND MAKE A
FINDING THAT THIS ACTION PROMOTES TOURISM
Item #16E10
APPROVAL OF THE RENEGOTIATED IRS PLAN 457
DEFERRED COMPENSATION AGREEMENTS WITH
NATIONWIDE AND ICMA-RC PROVIDING FOR LOWER
INVESTMENT AND ADMINISTRATIVE FEES; OPEN
ARCHITECTURE INVESTMENT PLATFORM; AND
GENERALLY, MORE FAVORABLE BEST PRACTICES
FINANCIAL AND ADMINISTRATIVE TERMS BENEFITING
THE INDIVIDUAL COLLIER COUNTY MANAGER'S AGENCY
RETIREMENT PLAN INVESTOR
Item #16G1
COLLIER COUNTY AIRPORT AUTHORITY STANDARD
FORM LEASE AGREEMENT WITH CAREER AVIATION
FLIGHT TRAINING AND AIRCRAFT RENTAL, HOLDING,
LLC, FOR OFFICE SPACE IN THE NEW MARCO ISLAND
EXECUTIVE AIRPORT TERMINAL BUILDING
July 14, 2020
Page 311
Item #16G2
COLLIER COUNTY AIRPORT AUTHORITY STANDARD
FORM LEASE AGREEMENT WITH PARADISE SOUTH
VENTURES, LLC, FOR OFFICE SPACE IN THE NEW MARCO
ISLAND EXECUTIVE AIRPORT TERMINAL BUILDING
Item #16G3
COLLIER COUNTY AIRPORT AUTHORITY STANDARD
FORM LEASE AGREEMENT WITH BRIGHTEST ANTARES,
LLC, FOR OFFICE SPACE IN THE NEW MARCO ISLAND
EXECUTIVE AIRPORT TERMINAL BUILDING
Item #16G4 - Commissioner McDaniel voted “no” on this item
during agenda changes
THE RANKINGS OF FIRMS FOR REQUEST FOR PROPOSAL
(RFP) NO. 20-7726 “CEI SERVICES FOR IMMOKALEE
REGIONAL AIRPORT RUNWAY 18-36, TAXIWAY C” AND TO
DIRECT STAFF TO NEGOTIATE A CONTRACT WITH THE
TOP-RANKED FIRM, ATKINS NORTH AMERICA
Item #16G5 - Commissioner McDaniel voted “no” on this item
during agenda changes
THE SIXTH AMENDMENT TO AGREEMENT NO. 16-6561,
“DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT
TERMINAL,” WITH ATKINS NORTH AMERICA, INC., TO
EXTEND THE SCHEDULE AN ADDITIONAL ONE HUNDRED
EIGHTY (180) DAYS TO COINCIDE WITH CONSTRUCTION
July 14, 2020
Page 312
AND INCREASE THE FEE ASSOCIATED WITH THE
EXTENDED SCHEDULE BY $154,894 FOR ENGINEERING
SERVICES DURING CONSTRUCTION
Item #16G6
BUDGET AMENDMENTS RECOGNIZING REVENUE AND
TRANSFER RESERVES FOR MARCO ISLAND EXECUTIVE
AIRPORT, IN THE AMOUNT OF $210,000 TO ACCOMMODATE
INCREASED FUEL PURCHASES AND ASSOCIATED
OPERATING EXPENSES OVER BUDGETED LEVELS
Item #16H1
PROCLAMATION DESIGNATING APRIL AS 2020 CENSUS
PARTNERSHIP PLAN MONTH IN COLLIER COUNTY. THE
PROCLAMATION WILL BE MAILED TO MR. VINCENT
KEEYS, CHAIR OF THE COLLIER COUNTY 2020 COMPLETE
CENSUS COUNT COMMITTEE
Item #16J1
ADJUSTING THE FISCAL YEAR 2021 PROPOSED BUDGET TO
RETURN $5 MILLION TO THE COLLIER COUNTY TAX
COLLECTOR’S OFFICE FOR THE FUNDING OF THE PHASE 1
OF THE HERITAGE BAY GOVERNMENT CENTER
Item #16J2
RECOGNIZING CARES ACT GRANT FUNDS THAT ARE
BEING MADE AVAILABLE TO “PREVENT, PREPARE FOR,
July 14, 2020
Page 313
AND RESPOND TO CORONAVIRUS, DOMESTICALLY OR
INTERNATIONALLY FOR THE 2020 FEDERAL ELECTION
CYCLE” IN THE AMOUNT OF $369,489 AND TO AUTHORIZE
ANY NECESSARY BUDGET AMENDMENTS
Item #16J3
A BUDGET AMENDMENT RECOGNIZING A FLORIDA
DEPARTMENT OF STATE, DIVISION OF ELECTIONS,
CYBERSECURITY GRANT AWARD IN THE AMOUNT OF
$2,249.69 – FOR THE PURCHASE OF AN EMERGENCT
BACKUP COMMUNICATIONS DEVICE
Item #16J4
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN JUNE 11, 2020 AND JULY 1,
2020 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J5
BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF JULY 8, 2020
Item #16K1
RESOLUTION 2020-121: APPOINTING CHAD WILLIS TO THE
July 14, 2020
Page 314
BAYSHORE BEAUTIFICATION MSTU ADVISORY
COMMITTEE
Item #16K2
RESOLUTION 2020-122: APPOINTING JACOB DUTRY VAN
HAEFTEN TO THE HALDEMAN CREEK DREDGING
MAINTENANCE ADVISORY COMMITTEE
Item #16K3
RESOLUTION 2020-123: APPOINTING MICHELLE MCLEOD
TO THE WATER AND WASTEWATER AUTHORITY
Item #16K4
RESOLUTION 2020-124: RE-APPOINTING MARJORIE BLOOM,
DR. MICHAEL GORDON AND SARAH BAECKLER TO THE
ANIMAL SERVICES ADVISORY BOARD
Item #16K5
COUNTY ATTORNEY’S RECOMMENDATION TO WAIVE
ANY POTENTIAL ETHICS CONFLICT FOR A MEMBER OF
THE COLLIER COUNTY PLANNING COMMISSION BASED
ON CH. 112, FLORIDA STATUTES
Item #17A
ORDINANCE 2020-18: AMENDING ORDINANCE NUMBER 14-
06, THE 7-FOODMART COMMERCIAL PLANNED UNIT
July 14, 2020
Page 315
DEVELOPMENT (CPUD), AND BY AMENDING ORDINANCE
NUMBER 2004-41, THE COLLIER COUNTY LAND
DEVELOPMENT CODE BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF 1.09 ACRES OF LAND PRESENTLY
ZONED RESIDENTIAL MULTI-FAMILY-12 DISTRICT (RMF-
12) WITHIN THE SANTA BARBARA COMMERCIAL
OVERLAY DISTRICT TO INCORPORATE THE PARCELS INTO
THE 7-FOODMART CPUD FOR A TOTAL PUD SIZE OF 2.12±
ACRES; AND TO INCREASE THE COMMERCIAL SQUARE
FOOTAGE FROM 10,000 SQUARE FEET TO 15,000. THE
SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF
SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE
PARKWAY IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING
AN EFFECTIVE DATE. [PL20190000683]
Item #17B
RESOLUTION 2020-125: THE SINGLE PETITION FOR TEMPLE
SHALOM WITHIN THE 2019 CYCLE 2 OF GROWTH
MANAGEMENT PLAN AMENDMENTS FOR TRANSMITTAL
TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY FOR REVIEW AND COMMENTS RESPONSE
FOR AN AMENDMENT SPECIFIC TO THE ESTATES- MIXED
USE DISTRICT OF THE GOLDEN GATE AREA MASTER
PLAN. (TRANSMITTAL HEARING) [PL20180003708/CP-2019-
02]
Item #17C
July 14, 2020
Page 316
RESOLUTION 2020-126: A SITE PLAN WITH DEVIATIONS
PURSUANT TO LDC SECTION 10.02.03.F AND SEVEN TOTAL
DEVIATIONS, INCLUDING ONE DEVIATION FROM SECTION
4.06.02.C.4 TO REDUCE THE NORTH BUFFER WIDTH; THREE
DEVIATIONS FROM SECTION 5.05.05.E.1 TO REDUCE THE
LANDSCAPE BUFFER WIDTH ON THE EASTERN PROPERTY
LINE, ALLOW NO UNDULATED BERM ON THE EAST
PROPERTY LINE AND REDUCE THE TREE CLUSTERING
AND SPACING TO ALLOW THE EXISTING TREES TO
REMAIN; ONE DEVIATION FROM LDC SECTION 4.06.02.D.4
TO ALLOW THE STORAGE STRUCTURE TO REMAIN
WITHIN THE SOUTH LANDSCAPE BUFFER; AND TWO
DEVIATIONS FROM SECTION 5.05.05.B.1 TO REDUCE THE
SETBACK ON THE NORTH PROPERTY LINE TO 25.55 FEET
AND TO REDUCE THE SETBACK ON THE SOUTH PROPERTY
LINE TO 16.8 FEET; FOR REDEVELOPMENT OF THE
CONVENIENCE GAS STATION PROJECT CONSISTING OF
1.72± ACRES LOCATED ON THE WEST SIDE OF SANTA
BARBARA BOULEVARD, APPROXIMATELY 420 FEET
NORTH OF RADIO ROAD IN SECTION 32, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL201800017850]
Item #17D
ORDINANCE 2020-19: ESTABLISHING THE TAMARINDO
COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT
TO SECTION 190.005(2), FLORIDA STATUTES
Item #17E
July 14, 2020
Page 317
ORDINANCE 2020-20: AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
TO INCREASE THE SEATING LIMITATIONS TO A MAXIMUM
OF 200 SEATS AND EXTEND THE HOURS OF OPERATION
FOR RESTAURANTS WITHIN THE GOLF COURSE AND
RECREATIONAL USE DISTRICT (GC), WHEN LOCATED
WITHIN THE GOLDEN GATE CITY ECONOMIC
DEVELOPMENT ZONE BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: CHAPTER TWO - ZONING DISTRICTS
AND USES, INCLUDING SECTION 2.03.09 OPEN SPACE
ZONING DISTRICTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE. [PL20190002545]
Item #17F
RESOLUTION 2020-127: PETITION NUMBER NUA-
PL20190002862, PROVIDING FOR THE APPROVAL OF A
NONCONFORMING USE ALTERATION PURSUANT TO LDC
SECTION 9.03.03.B. TO REDUCE THE EASTERN SIDE
SETBACK FROM 7.5 FEET TO 5.3 FEET FOR THE EXISTING
STRUCTURE AND PROPOSED ENCLOSURE OF THE
SCREENED-IN LANAI. THE SUBJECT PROPERTY IS
DESCRIBED AS LOT 18, BLOCK 53, NAPLES PARK UNIT 4,
July 14, 2020
Page 318
ALSO DESCRIBED AS 851 92ND AVENUE NORTH, IN
SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
Item #17G
RESOLUTION 2020-128: VA-PL20190002360 FOR A VARIANCE
FROM LAND DEVELOPMENT CODE SECTION 5.03.06 TO
REDUCE THE MINIMUM SIDE YARD RIPARIAN SETBACKS
TO ZERO, FOR THE BENEFIT OF LOT 8, BLOCK G, LITTLE
HICKORY SHORES, UNIT 3 REPLAT SUBDIVISION, ALSO
KNOWN AS 267 3RD STREET IN SECTION 5, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
Item #17H
RESOLUTION 2020-129: VAC-PL20200000704, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN 6-FOOT DRAINAGE AND PUBLIC UTILITY
EASEMENT LOCATED ON EACH SIDE OF THE COMMON
LOT LINE BETWEEN LOTS 25 & 26 AND 26 & 27, BLOCK 73
OF GOLDEN GATE, UNIT 2, PART 1 AS RECORDED IN PLAT
BOOK 9, PAGE 116 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED ON THE WEST SIDE OF C.R.
951 (COLLIER BOULEVARD), APPROXIMATELY 500-FEET
SOUTH OF GREEN BOULEVARD, IN SECTION 22, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
Item #17I
RESOLUTION 2020-130: AMENDMENTS (APPROPRIATING
July 14, 2020
Page 319
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2019-20 ADOPTED
BUDGET
Item #17J – Moved from Item #16A14 (Per Agenda Change Sheet)
RESOLUTION 2020-131: A VARIANCE FROM THE COASTAL
CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR
CONSTRUCTION OF AN EXPANSION OF THE EXISTING
WOOD DECK ATTACHED TO THE LANDWARD EDGE OF
THE EXISTING NORTH BOARDWALK, APPROXIMATELY 63
FEET SEAWARD OF THE CCSL, AND REMOVAL OF THE
DERELICT SEAWARD SECTION OF THE NORTH
BOARDWALK, APPROXIMATELY 93.8 FEET SEAWARD OF
THE CCSL. THE SUBJECT PROPERTY IS LOCATED AT THE
CLAM PASS COUNTY PARK FACILITY, PELICAN BAY
PLANNED UNIT DEVELOPMENT, IN SECTION 8, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
[PL20190002627]
July 14, 2020
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 7:02 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
BURT SAUNDERS, CHAIRMAN
ATTEST
CRYSTAL K. KINZEL, CLERK
r
cr
Attest, Ch man'S
signature otit '
ffi
These minutes approved by the Board on 131 ( 120
as presented ,.— or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY TERRI LEWIS, FPR, COURT
REPORTER AND NOTARY PUBLIC.
Page 320