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Agenda 09/08/2020 Item #2D (07/14/2020 Meeting Minutes)09/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 2.D Item Summary: July 14, 2020 BCC Meeting Minutes Meeting Date: 09/08/2020 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 07/29/2020 10:27 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 07/29/2020 10:27 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 07/29/2020 10:27 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM 2.D Packet Pg. 20 July 14, 2020 Page 1 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 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 t oday, 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 ma ke 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. 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 ta ke 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 p ack 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 thi s 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 reside ntial 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 al ong 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 buffe rs. 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, a nd 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 movin g 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 regar d 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. I t 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 C onservation 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 Page 53 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 Page 54 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 Page 56 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 an d 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 vulnerabi lity 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, wo odworking, 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 I nnovation 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 Page 71 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 Page 72 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 Page 73 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 a ssumption 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 resolutio n 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 concurr ed 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 Fe deral 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 b een 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 t o 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 Page 82 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 publ ic 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 Page 88 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 Page 90 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 Page 91 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 a s 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 Page 104 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 countr y. 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 Page 105 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 Page 106 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, rig ht 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 Page 107 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 July 14, 2020 Page 108 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 Page 109 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 Page 110 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 Page 111 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 July 14, 2020 Page 112 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 t hat -- 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 Page 113 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 July 14, 2020 Page 114 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 Page 115 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 restr aint 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 Page 116 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 Page 117 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 Page 118 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 Page 119 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 July 14, 2020 Page 120 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 Page 121 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 Page 122 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 Page 123 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 July 14, 2020 Page 124 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 July 14, 2020 Page 125 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 pa rking 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. July 14, 2020 Page 126 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 July 14, 2020 Page 127 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 Page 128 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. July 14, 2020 Page 129 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 Page 130 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 July 14, 2020 Page 131 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 July 14, 2020 Page 132 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 July 14, 2020 Page 133 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 July 14, 2020 Page 134 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 Page 135 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 Page 136 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 Page 137 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 Page 138 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 Page 139 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 Page 140 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 J oel 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 Page 141 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 July 14, 2020 Page 142 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 July 14, 2020 Page 143 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 July 14, 2020 Page 144 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 trave l 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 July 14, 2020 Page 145 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 communit y 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 July 14, 2020 Page 146 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 re tort 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 July 14, 2020 Page 147 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 July 14, 2020 Page 148 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 July 14, 2020 Page 149 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. July 14, 2020 Page 150 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 Page 151 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 ot her 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 July 14, 2020 Page 152 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 cou nty 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 Page 153 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, misi nformation, 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 July 14, 2020 Page 154 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 basi cally it July 14, 2020 Page 155 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 Page 156 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, July 14, 2020 Page 157 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 July 14, 2020 Page 158 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 July 14, 2020 Page 159 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 July 14, 2020 Page 160 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 July 14, 2020 Page 161 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 July 14, 2020 Page 162 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; July 14, 2020 Page 163 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. July 14, 2020 Page 164 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 bed s. 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 July 14, 2020 Page 165 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 Page 166 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 Page 167 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 July 14, 2020 Page 168 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 July 14, 2020 Page 169 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 July 14, 2020 Page 170 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 July 14, 2020 Page 171 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 July 14, 2020 Page 172 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 tr uly 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 July 14, 2020 Page 173 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 Page 174 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 Page 175 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 f uture. 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 July 14, 2020 Page 176 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. July 14, 2020 Page 177 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 July 14, 2020 Page 178 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 July 14, 2020 Page 179 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 a nymore, 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 July 14, 2020 Page 180 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 July 14, 2020 Page 181 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 Page 182 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 July 14, 2020 Page 183 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 July 14, 2020 Page 184 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 Dumorna y, 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 b y 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 July 14, 2020 Page 185 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 Page 186 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 Page 187 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 July 14, 2020 Page 188 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 July 14, 2020 Page 189 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 Page 190 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 -- July 14, 2020 Page 191 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 P arker 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 Page 192 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 July 14, 2020 Page 193 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 Page 194 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 Page 195 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 Page 196 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 July 14, 2020 Page 197 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 July 14, 2020 Page 198 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 July 14, 2020 Page 199 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 Page 200 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 July 14, 2020 Page 201 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 Page 202 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 Page 203 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 Page 204 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 Page 205 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 midd le 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 July 14, 2020 Page 206 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 pe ople who are denying science and have made up constitutional law can party July 14, 2020 Page 207 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 a gainst 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 Page 208 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 Page 209 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 Page 210 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 Page 211 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 Page 212 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 Page 213 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 July 14, 2020 Page 214 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 Page 215 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 Page 216 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 Page 217 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 Page 218 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 Page 219 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 Page 220 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 Page 221 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 Page 223 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 Page 224 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 Page 226 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 Page 227 If masks didn't work, Trump wouldn't have worn one in Walte r 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 Page 228 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 Page 229 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 Page 230 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 Page 231 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 Page 232 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 Page 233 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 vict ims 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 Page 236 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 i n 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 Page 243 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 difficul t 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 evide nced 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 Page 248 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 Page 249 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 Page 250 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 Page 251 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 Page 252 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 Page 255 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 Page 256 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 Page 261 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 Page 262 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 Page 263 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 dilig ent 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 Page 292 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 Page 320 ***** 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 _____________________________ These minutes approved by the Board on ____________________, as presented __________ or as corrected __________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC.