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Backup Documents 10/22/2020 S BCC SPECIAL MEETING BACKUP DOCUMENTS OCTOBER 22, 2020 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority .`k I // . 4110 ' r / 1 ()f ,\ N. SPECIAL MEETING TO CONSIDER EXTENDING THE EMERGENCY/EXECUTIVE ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MANDATING THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES. AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 October 22, 2020 3:00 PM Commissioner Burt Saunders, District 3 — Chair Commissioner Andy Solis, District 2 — Vice-Chair Commissioner Donna Fiala, District 1; CRAB Co-Chair Commissioner Penny Taylor, District 4 Commissioner William L. McDaniel, Jr., District 5; CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION Page 1 October 22,2020 TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Senior Pastor Heath Jarvis - Faith Life Worship Center Invocation given 2. BOARD OF COUNTY COMMISSIONERS A. Recommendation to consider whether to extend Executive Order 2020-06, Emergency Executive Order of the BCC of Collier County, Florida, mandating that individuals wear a face covering in public in certain circumstances. (All Districts) Motion for Executive Order 2020-06 to expire—Approved 5/0; Executive Order 2020-07: Motion to approve the Chairman's revised Page 2 October 22,2020 order w/changes that will expire on April 13, 2021 — Approved 3/2 (Commissioner Fiala and Commissioner McDaniel opposed) 3. ADJOURN 4. Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. Page 3 October 22,2020 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinedines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. l Risk-Management 3. County Attorney Office County Attorney Office JAK b 10-23-20 4. BCC Office Board of County BS b s/ 10-23-20 Commissioners !i►'►► 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Hayes/County Attorney Phone 239-252-8400 Contact/ Department Agenda Date Item was October 22,2020 Special Meeting Agenda Item Number 2A Approved by the BCC Type of Document Emergency Order Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 22,2020 and all changes made JH • is n during the meeting have been incorporated in the attached document. The County option Attorney's Office has reviewed the changes,if applicable. r . 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the ilro Chairman's signature. Please send a copy to Len Golden Price I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORDER NO.2020- 0 7 A REVISED ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,MANDATING THAT INDIVIDUALS WEAR A FACE COVERING IN PUBLIC IN CERTAIN CIRCUMSTANCES. WHEREAS,COVID-19 is a respiratory illness caused by a virus that spreads rapidly from person to person, which may result in serious illness or death, and which constitutes a clear and present danger to the health, welfare and safety of the citizens of Collier County; and WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency as a result of COVID-19, and on March 9, 2020, Governor DeSantis issued Executive Order 20- 52, declaring a State of Emergency as a result of COVID-19, which has been supplemented by subsequent Executive Orders all relating to the threat of COVID-19; and WHEREAS, on March 16, 2020,the Board of County Commissioners of Collier County, Florida adopted Proclamation/Resolution No. 2020-50 declaring a state of emergency due to COVID-19 for all territory within the legal boundaries of Collier County; and WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease Control and Prevention ("CDC") has issued guidelines that the general population should wear face masks to capture the respiratory droplets of infected people to slow the spread of COVID-19, which guidelines include maintaining at least 6 feet distance from other people who are not from your household in both indoor and outdoor spaces; and WHEREAS,the CDC does not recommend wearing cloth face covering for children under the age of 9, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance; and WHEREAS, the CDC recommends only simple cloth face coverings for the general population and not surgical masks or N-95 respirators because these are critical supplies that must continue to be reserved for healthcare workers and other medical first responders; and WHEREAS, cloth face coverings are relatively inexpensive and readily available as the CDC states they can be made from household items and provides online guidance for making"do- Page 1 of 5 it-yourself'coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and WHEREAS, on July 21, 2020, the Board of County Commissioners issued Emergency/Executive Order No. 2020-05 mandating that individuals wear a face covering in public under certain circumstances,which Order was extended by the Board on September 3,2020 by Emergency/Executive Order No. 2020-06; and WHEREAS, on September 25, 2020, Governor DeSantis issued Executive Order No. 20- 244, which among other things suspended the collection of fines and penalties associated with COVID-19 enforced upon individuals; and WHEREAS, Emergency/Executive Order No. 2020-06 is set to expire midnight of October 22, 2020,unless further extended by the Board of County Commissioners; and WHEREAS, during the Board's regular meeting of October 13, 2020, and at the Board's special meeting held this date, local health professionals and the Florida Department of Health urged the Board to continue the Mask Order, stating their belief that the Mask Order has been effective in reducing the spread of COVD-19; and WHEREAS, the Board finds it is in the best interest of public health, safety and welfare of the residents and workers of and visitors to Collier County to follow expert medical advice with respect to COVID-19 and, accordingly, to require suitable face coverings in public locations to slow the spread of COVID-19 where social distancing is not possible; and WHEREAS,the Board wishes to replace the existing Mask Order with this Order, which would require wearing a mask only where social distancing is not possible; and WHEREAS, the Board finds implementation of this Order is necessary for the preservation of the health, safety, and welfare of the community. NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: FINDINGS. Page 2 of 5 The above recitals are adopted by the Board as legislative findings. SECTION TWO: DEFINITIONS For purposes of this Order,the following terms are defined as follows: (1) Face Covering. A"face covering" is a material that covers the nose and mouth. It can be secured to the head with ties or straps or simply wrapped around the lower face. It can be made of a variety of materials, such as cotton, silk,or linen. A cloth face covering may be factory-made or sewn by hand or can be improvised from household items. (2) Business establishment. A "business establishment" means a location with a roof overhead under which any business is conducted, goods are made or stored or processed or where services are rendered. The term"business establishment"also includes locations where non-profit, governmental,and quasi-governmental entities facilitate public interactions and conduct business. The term does not include schools servicing students under the age of 18, or places of worship. (3)Lodging establishment. A"lodging establishment"shall have the same meaning as the term "transient public lodging establishment" has in F.S. 509.013(4)(a)1 (2019). A lodging establishment is a specific type of business establishment. (4) Social Distancing means keeping a safe space between yourself and other people who are not from your household by staying at least 6 feet (about 2 arms' length) from other people who are not from your household in indoor spaces. SECTION THREE: MANDATORY REQUIREMENTS (1) An owner, manager, employee, customer or patron of a business establishment must wear a face covering while in that business establishment where social distancing is not possible. (2)The requirements of this section do not apply to: a. Restaurant customers or patrons while dining and/or consuming beverages while seated at a table; b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists with the next closest patron; c. Barbershop or beauty salon customers or patrons when wearing a face covering would reasonably interfere with receiving services; Page 3 of 5 d. Business owners, managers, and employees who are in an area of a business . establishment that is not open to customers, patrons, or the public, provided that 6 feet of distance exists between employees. This exception does not apply to employees who are present in the kitchen or other food and beverage preparation area of a restaurant or food establishment. When an owner, manager,or employee is in their place of employment but not within six feet of another person, that owner, manager, or employee does not need to wear a mask. e. Bar patrons while consuming beverages and/or food; f. A lodging establishment guest when inside of the lodging unit including but not limited to a hotel room, motel room,vacation rental unit, timeshare unit, or similar unit. (3) The owner, operator, manager, and employee of a business or lodging establishment shall ensure that every individual in that establishment complies with this section. (4)When a customer of a business establishment asserts that he or she has a disability that prevents the individual from wearing a mask, the owner, manager, or employee of the business establishment may exclude the individual, even if they have a disability, as they may pose a direct threat to the health and safety of employees and other customers, even if asymptomatic, and shall accommodate the disabled individual in a manner that does not fundamentally alter the operations of the business establishment nor jeopardize the health of that business's employees and other customers, such as providing curb service or delivery or other reasonable accommodation. SECTION FOUR: PENALTIES AND EXCLUSIONS. Enforcement of this Order will be by Collier County Code Enforcement only, and only then upon receipt of a complaint, determination of a violation, and refusal by the alleged violator to voluntarily comply with this Order. Violations of this Order shall be punishable by a fine not to exceed $500.00. An owner,manager,and/or employee of a business establishment shall not be liable in any enforcement action taken under this section for the violations of a guest, customer, and/or patron if that owner,manager,and/or employee directed that guest,customer,and/or patron who refuses to wear a face covering to vacate the premises or face prosecution of trespass. This Order shall not apply to a child under nine years of age;an individual who has one or more medical conditions or disabilities that prevent wearing a face covering; an individual obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to Page 4 of 5 perform the service; or an individual who works in a profession where use of a face covering will not be compatible with the duties of the profession. In furtherance of Executive Order No. 20- 244, citations issued pursuant to this Order shall be as to businesses only, and not individuals. Violation of this Order shall not constitute a criminal penalty. SECTION FIVE: SEVERABILITY. In the event this Order conflicts with any Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Order invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: APPLICABILITY. This Order is intended to apply solely within unincorporated Collier County. Any of the Municipalities within Collier County may opt-in to this Order. SECTION SEVEN: EFFECTIVE DATE. This Order supersedes and replaces Emergency/Executive Orders No. 2020-05 and 2020- 06, shall take effect immediately and shall expire midnight of April 13, 2021, unless otherwise extended by the Board. THIS ORDER ADOPTED after motion, second, and majority vote favoring same this 22nd day of October, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,'Clerk COLLIER COUNTY, FLORIDA (�,n4(. . B La — By: l�,.rF�.- y eputy Clerk BURT L. UNDERS, Chairman est.as to Chairman, signet re 4 y. , !tern# Approve, .. t t •rm . ' t legality: fl 1, 4 4) II'I e r Date imcmc.a. Jeffrey A =rla S1 owrrea ,-it , County Attorney t' tg �� I 1 r :c'd 1 0.10(AA:. .‘...r 46 Page 5 of 5 -"'7k 4 4 Special Meeting Collier County Commissioners Oct 22,2020 Thank you for the opportunity to again address the commission today October 22,2020 in its special session. My name is Dr. David Lindner, I am the subdivision head of Pulmonary&Critical Care, have academic appointments with the Mayo Clinic School of Medicine and the University of Central Florida and am the medical director for COVID-19 at NCH. I am regretfully unable to attend the meeting in person today as I am lecturing at the virtual national ACOI convention and am unable to leave my computer set up. As we share with the commission on October 13, 2020 regular meeting, it is our position backed by scientific evidence that the wearing of appropriate face covering/masks, personal hygiene and social distancing are the most effective methods available at this time to slow the spread of aerosol COVID19. Since asymptomatic individuals are some of the most infectious part of this process, the current requirement to wear a face covering/mask in public under circumstances detailed in the emergency executive order 2020-05 &06 has undoubtably saved lives in Collier County and beyond in Lee County. This allowed the health care system to safely treat and decrease the surge of COVID19 we experienced. We are now seeing both nationwide as well as locally a potential next wave/continuing wave of COVID19 cases with the advent of our usual viral season and the changes in our weather, with the hopeful return of our seasonal residents. Collier County has in many ways been fortunate and in other ways, cases per 100,000 population, not so. COVID19 has had a significant penetration into our community. As we discuss this issue again today, COVID19 is still present, ready, and waiting to infect members our community. NCH Healthcare and our partner health care providers have and will continue to undertake the daunting task to respond to this crisis through the acquisition of appropriate PPE,ventilators, and equipment as well as treatments for this novel virus. We have been successful and will continue to be. A greater success is to prevent the disease in the first place.The very nature of our community, its population demographics and density as well as other factors such as people who travel to Collier County from elsewhere contribute to the risk that the requirement to wear a face covering in public has mitigated successfully. It is also a scientific fact that when individuals wear a mask, especially where adequate social distancing is impractical,the likelihood and chance of transmitting or contracting COVID19 is significantly decreased. While a suitable, safe, and effective vaccine may be on the horizon, it is not available yet. Our most simple and safe method that does not devastate the economy and saves lives is to wear a face covering/mask. Extending the current mask requirement will further allow our community to protect each other especially our vulnerable populations and lesson a resurgence of the virus that we are expecting. The requirement to wear a mask in public provides the businesses in our community, and our seasonable residents who are wondering if it is safe to return confidence that their actions will not result in negative repercussion upon them. It will encourage safe actions in the community, protect the employees who need to work from harm and importantly protect the citizens of Collier County from illness and death. Finally, as our community strains to recover from the earlier shutdown from this spring and summer the lowering of transmission of COVID19 will continue to inspire confidence that for our seasonal residents and migrant farm workers on whom we depend upon for the health of our community that Collier is open, safe, and is using appropriate safeguards so that they may engage in public activity. Preventing the very real possibility of COVID19 virus resurgence is our most vitally important task and the most positive way we can recover emotionally, physically, and economically. Thank you for your time and the kind invitation to address the commission and if there are questions, I will be happy and available to provide any answers that I can. Ann P. Jennejohn From: BrockMaryJo <MaryJo.Brock@colliercountyfl.gov> Sent: Thursday, October 22, 2020 4:04 PM To: DLCOMM; Minutes and Records; BrownleeMichael; FilsonSue; GoodnerAngela; GrecoSherry; LykinsDave; TrochessettAimee Cc: ochs_I; Vick, Stephanie; carnell_s; david.lindner@nchmd.org Subject: FW: Statement for the commissioners Attachments: Statement to the County Comissioners. .docx Good afternoon, Please see attached statement that was read into the record by Dr. Lindner at today's Special Meeting. (Minutes and Records-Please supply to the Court Reporter) Thank you, MJ Mary-Jo Brock - Executive Assistant to Leo E.Ochs,Jr. maryio.brock@colliercountyfl.gov County Manager's Office 3299 East Tamiami Trail Naples FL 34112 239.252.8364 From:Vick, Stephanie<Stephanie.Vick@flhealth.gov> Sent:Thursday, October 22, 2020 4:00 PM To: OchsLeo<Leo.Ochs@colliercountyfl.gov> Subject: Fwd: Statement for the commissioners EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dr Lindners comments Get Outlook for iOS From: Lindner, David<David.Lindner@nchmd.org> Sent:Thursday, October 22, 2020 3:47:43 PM To:Vick, Stephanie <Stephanie.Vick@flhealth.gov> Cc: Holliday, Matthew<Matthew.Hollidav@nchmd.org> Subject:Statement for the commissioners Here is a copy of my statement for the commissioners for the record. Can someone get it to them as was requested of me. 1 David H. Lindner, D.O. MBA, FCCP, FACOI Subdivision Head Pulmonary Critical Care &Sleep Medicine Medical Director of COVID19 Medical Director NCH Healthcare Intensive Care Units, Respiratory Care and Pulmonary Rehab Instructor of Medicine Mayo Clinic School of Medicine Associate Professor of Medicine University of Central Florida Internal Medicine Residency Pulmonary Program Director CONFIDENTIALITY NOTICE -Visit our website at https://urldefense.com/v3/ http://www.nchmd.org ;IIB6di6wlspaildXNIVOc61Ovr5iCwS4tkNSVoH3bd1SOJG7MGSkC w-xmp5BWiDcYDxTz2H3tiaFMCQ$ This email and any files transmitted with it are from the NCH Healthcare System.This message is confidential and is intended only for the addressee. If you are not the intended recipient or have received this email in error, please call us immediately at (239) 624-5000 and ask to speak to the message sender or promptly email the message sender of the delivery error and then delete the message.Thank You. 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