Agenda 12/08/2020 Item # 2B (BCC 10/22/2020 Special Mask Order Meeting Minutes )12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Item Summary: October 22, 2020 - BCC/Special Mask Order Meeting Minutes
Meeting Date: 12/08/2020
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
11/05/2020 1:47 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
11/05/2020 1:47 PM
Approved By:
Review:
County Manager's Office MaryJo Brock County Manager Review Completed 11/25/2020 11:21 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
2.B
Packet Pg. 22
October 22, 2020
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 22, 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 3:00 p.m., in SPECIAL
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
Jeffrey A. Klatzkow, County Attorney
Troy Miller, Communications & Customer Relations
October 22, 2020
Page 2
CHAIRMAN SAUNDERS: Ladies and gentlemen, the
meeting of the county commission will please come to order.
We're fortunate today to have Senior Pastor Heath Jarvis from
the Faith Life Worship Center to get us on the right path this
afternoon.
After the invocation, Commissioner Taylor, if you'd lead us in
the Pledge.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE –
INVOCATION GIVEN
PASTOR JARVIS: Well, I hope it can be on the right path this
afternoon.
Good afternoon, everybody. Let's pray. Father in heaven, we
come before you today, we're thankful that we live in the greatest
nation on the planet. We're thankful to see your hand of protection
and provision on us, thankful to live in one of the most beautiful
places on earth here in southwest Florida.
Lord, this has been a year of unprecedented challenges, but
throughout it all, we've been privileged to see you at work. We're
still here, we're still blessed, we're still strong, we're still hopeful.
Today, God, we have the opportunity to discuss some important
topics that will affect all who live here, so I ask for your guidance as
we discuss these issues. Help us, Lord, to see things how they are;
no more than that and no less than that. Help us to make decisions
based on reality, not a narrative, not an agenda. Help us to discuss
these things, Lord, with civility, with patience, and with respect.
Most of all, Lord, help us to make the decisions that will best
benefit our community. Your word tells us in the book of James that
October 22, 2020
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if we ask for your wisdom, you will give it to us in generous
abundance. So, we ask for it, and we receive it thankfully by faith.
I pray this according to your word, and I pray it in the name of Jesus.
Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN SAUNDERS: Welcome, everybody. When we
all signed up to be county commissioners, we didn't have any kind of
a game plan for a pandemic, so that's one of the reasons why we are
here for the third or fourth time on an issue that's very important.
Before we get into that, I want to make a suggestion to the
commission on how we can proceed with -- or how I would suggest
we proceed with public comment.
One of the arguments or complaints from folks that have been
on the other side of the issue, in terms of requiring masks, is that they
haven't been given an opportunity to present medical testimony. So
if we have medical experts, epidemiologists, infectious disease
experts that are -- that want to participate in public comment, I would
suggest that we ask them to kind of state their credentials, so we
know that they really are experts, and then give them more time to
state their case in opposition to any kind of a mask-wearing mandate.
Does anybody have any problem with that? Is that acceptable?
(No verbal response.)
CHAIRMAN SAUNDERS: All right. I think we -- we have
about 50 or 60 people.
MR. MILLER: About 65 registered at this point.
CHAIRMAN SAUNDERS: We've limited speakers to two
minutes in the past, that has worked well, I believe, and I'd like to
continue to do that, other than medical experts; they can speak for an
extended period of time.
I asked for this meeting to be set at 3:00 for a couple of reasons.
One is that I believe we'll go into the early evening, and I wanted to
October 22, 2020
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give people that are working an opportunity to log on and participate
in this conversation after 5:00.
So, my expectation is that we'll be here certainly through 5:30,
6:00, 6:30. This gives people that are working and want to
participate an opportunity to do so. Just trying to be fair to
everybody.
With that, I'll turn this over to the county manager to introduce
the folks that are going to be talking from -- as representatives of the
medical community and the hospital.
Mr. Ochs?
Item #2A
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 – MOTION FOR EXECUTIVE
ORDER 2020-06 TO EXPIRE – APPROVED; MOTION TO
APPROVE THE CHAIRMAN’S REVISED ORDER W/CHANGES
THAT WILL EXPIRE ON APRIL 13, 2021 – APPROVED
MR. OCHS: Thank you, Mr. Chairman. As is our custom, we
will begin the special meeting by hearing from the Department of
Health for Collier County State Department of Health. Mr. John
Drew will begin the briefing.
MR. DREW: Good afternoon. Thanks. Nice to see you all
again. I am John Drew, for the record, Florida Department of Health
in Collier County, and I'm presenting on behalf of Stephanie Vick.
And before I get started, we have Dr. David Lindner from NCH
Healthcare System participating remotely, and he's going to make a
October 22, 2020
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couple of opening remarks.
MR. MILLER: Let me get him ready. Sorry, I didn't know he
was coming up here.
MR. DREW: Oh.
MR. MILLER: All right. Mr. Lindner, are you with us?
DR. LINDNER: Can you hear me? This is Dr. Lindner.
MR. MILLER: Yes, sir, we can hear you.
DR. LINDNER: Okay. Thank you for the opportunity to
again address the commission today on October 22nd, 2020 at special
session. My name is Dr. David Lindner, and I am the subdivision
head of pulmonary and of critical care. I have academic
appointments at Mayo Clinic School of Medicine and University of
Central Florida, as well as I am the medical director for COVID-19
for the NCH Healthcare System.
I am regretfully unable to attend this meeting in person today, as
I am currently lecturing at the virtual national ACOI convention and
am unable to leave my computer setup to come to the commission
chambers.
As we shared with the commission on October 13th, in the
regular meeting, it remains our position that by scientific evidence,
the wearing of appropriate face coverings, masks, personal hygiene,
and social distancing are and remains the most effective methods
available at this time to slow the spread of aerosolized COVID-19.
Since asymptomatic individuals are the most infectious part of
this process, the current requirements to wear a (audio distortion)
covering and mask in the public under circumstances detailed in the
emergency executive order of 2020-05 and 06 has undoubtedly saved
lives in Collier County and beyond in Lee County.
This allowed the health care system to safely treat and decrease
the surge of COVID-19 that we experienced here in Collier County.
Unfortunately, we are now seeing, both nationwide and locally, the
October 22, 2020
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potential next wave and continuous wave of COVID-19 cases. And
with the advent of our usual viral season and the changes of our
weather and the hopeful return of our seasonal residents, it is likely
that cases will once again increase, as they appear to be doing.
Collier County has, in many ways, been fortunate in other ways,
such as cases per 100,000 (audio distortion). COVID-19 has had a
significant and remains a significant penetration into our community.
And as we discuss this issue again today, COVID-19 is still present,
ready, and waiting to infect members of our community.
NCH Healthcare and our partner health care providers have and
will continue to undertake the daunting task to respond to this crisis.
We have done so through the acquisition of appropriate PCE,
ventilators, equipment, as well as numerous now therapeutic for this
new novel virus, and we have been successful, and we will continue
to be so.
But a far greater success would be for us to prevent the disease
(inaudible) in the first place. The very nature of our community,
population, demographic, and density, as well as other factors, such
as people traveling to Collier from other places in the country and
world, all contribute to the risk that the requirement to wear face
coverings (audio distortion) has mitigated (audio distortion). It's
also a scientific fact that when a (audio distortion), especially where
(audio distortion).
CHAIRMAN SAUNDERS: Excuse me for just a moment,
Dr. Lindner. We're having a little trouble.
DR. LINDNER: (Audio distortion.)
CHAIRMAN SAUNDERS: Or at least I'm having a little
trouble.
MR. MILLER: I believe that's on his end, sir. Something with
the way he's mic’ed.
COMMISSIONER FIALA: He must be wearing a mask
October 22, 2020
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because it's -- it's all muted.
CHAIRMAN SAUNDERS: Can you -- I'm not sure if there's
anything we can do to --
MR. MILLER: Dr. Lindner, we're having trouble hearing you
clearly.
DR. LINDNER: I'm not sure --
MR. MILLER: We're having trouble hearing you clearly.
DR. LINDNER: Okay. I'm very sorry, sir. I have a good
signal, so I don't know why. Can you hear me now?
MR. MILLER: Yes.
DR. LINDNER: Okay. I will -- it is also -- it is a scientific
fact that when individuals wear a mask, especially when adequate
social distancing isn't practical, the likelihood of transmitting or
(audio distortion) COVID-19 is significantly decreased. Now, while
a suitable, safe, and effective vaccine may be on our horizon, it is not
available yet. And our single and most safe method that is not
devastating (audio distortion) economy (audio distortion).
It is our opinion that extending (audio distortion) can lessen a
resurgence of the virus. It's our opinion that the requirement to wear
a mask in public provides businesses in our community, our seasonal
residents, who are wondering if it's safe to return, confident that their
actions will not result in negative repercussions upon them and will
encourage safe actions among the (audio distortion) population. It
will protect employees, who are at work, from harm, and will
importantly protect the citizens of Collier County from illness and
death.
Finally, as our community does strain to recover from the earlier
shutdown from the spring and summer, the lowering of transmission
of COVID-19 will continue to inspire confidence for our seasonal
residents, to the migrant farm workers population, all of whom
Collier depends upon for the health of our community, that Collier is
October 22, 2020
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an open (unintelligible), and that we are using appropriate safeguards
so that they may engage in public activities.
Preventing the real possibility of viral resurgence is our most
vital and important task, in the most positive way that we can
continue to recover emotionally, physically, and economically.
It is the opinion of the vast majority of the medical staff within
the NCH Healthcare System that continuation of this mask mandate
for Collier County is still appropriate until such time that we can
successfully prevent the disease by (audio distortion).
I thank you for your time and your kind invitation to once again
address the commission. If there are any questions, I would be
happy to provide the answers to the best of my ability.
CHAIRMAN SAUNDERS: Dr. Lindner, let me have you stand
by. Do you -- let me just ask you, did you write out your comments?
Because our court reporter was having a great deal of difficulty
hearing you. If you have your comments in writing, if you could
provide that, that would be helpful. If not, not a problem.
DR. LINDNER: Yes, I do.
CHAIRMAN SAUNDERS: All right. If you could provide
that, that would be --
DR. LINDNER: I did -- I did write out my comments.
They're on paper, but I can have them typed up and I can send them
to --
CHAIRMAN SAUNDERS: That would be very helpful
for -- for the record. Let's see if there are any questions from the
county commission before you hang up.
Any questions for Dr. Lindner from the commission?
COMMISSIONER FIALA: I didn't hear a lot of what he said,
but -- so I don't have any questions.
CHAIRMAN SAUNDERS: All right.
Dr. Lindner, we have no questions at this time. If anything
October 22, 2020
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comes up, will you be available by phone in the event that we do
need to talk to you --
DR. LINDNER: Yes.
CHAIRMAN SAUNDERS: -- again?
DR. LINDNER: And Miss Vick has my phone number.
CHAIRMAN SAUNDERS: All right.
DR. LINDNER: And I can -- I can provide it to others if
they --
CHAIRMAN SAUNDERS: All right.
DR. LINDNER: -- need to.
CHAIRMAN SAUNDERS: All right. Thank you, Dr.
Lindner.
MR. DREW: Yes, thank you, Dr. Lindner.
Thank you, Commissioners.
So, we were asked to provide our usual data points, with
comparisons to Lee County, so that's what we did. Before I present
those, I'd just like to remind you that comparing these data points
directly like this doesn't account for all the confounding variables that
make the results look the way that they look.
So, starting with influenza-like illness syndrome from the
emergency department visits. On all these charts, the blue lines will
represent Collier County, the orange lines represent Lee County.
You can see the Lee County influenza-like illness trend seems to
be going downward, and the Collier trend seems to be going slightly
upward, although the Lee County chart has that anomaly there, that
high number at the beginning of the two-week period, which is
causing that trend line to go down. So, if you took that out of there,
it's probably going to be relatively flat.
Same similar situation with the COVID-like illness, that both
lines are relatively flat, with the Lee County going slightly upward
and the Collier County going slightly downward.
October 22, 2020
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Looking at the positivity rates, the trend line on the Lee County
positivity rates is a little bit steeper than the Collier County positivity
rates, but they are both increasing.
And then looking at positivity rates over time, you can see that
both curves follow pretty much the same pattern, with the peak in the
middle of July, bottoming out at the end of September, and starting to
increase again over the last several weeks.
We didn't go to -- to the region level or the ZIP Code level with
Lee County data, but it was just -- since we showed this to you last
week, we wanted to show it to you again to remind you that although
the overall county positivity rate is around 6 and a half percent,
the -- the -- there's variability in the different regions of the county.
The next slide, we have hospital capacity. We haven't
presented you this hospital capacity data in this way before, but this
is the way that Lee County's been calculating it and -- and presenting
it, so we just used the same data points and plugged in the Collier
County data. Again, you can see that there's pretty much no
significant difference in those trends.
And then looking at our hospital data the way you're used to
looking at it, remember the maroon color at the bottom of the bars is
the COVID-filled beds. And I'll remind you that last week the
average number of COVID-filled beds was between -- in the -- in mid
to upper 20s. And if you look at this two-week period, we're -- the
average has jumped to the low to mid 30s.
And this is the hospital charts over time, the 14-day moving
average of hospitalizations over time. And the -- last week we
predicted that there would be a slight uptick, and that's indeed what
happened.
Back to the comparisons, Collier with Lee and comparing the
last two-week period with the current two-week period. So, for new
cases, Collier's case count has increased -- I shouldn't have said it that
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way. Not the case count but the number of new cases in those
periods increased 66.1 percent for Collier, 56.7 percent for Lee, and
the positivity rates increased 31.8 percent for Collier and 41 percent
for Lee.
And we showed you this last week as well. The -- the leading
causes of death for COVID-19, compared to the -- to 2019 leading
causes of death. So, if you remember, our first case of COVID-19
occurred in about April, so we're looking at about seven months'
worth of COVID-19 deaths, compared to a full year for the other
causes of death.
At this point in time, Collier would -- COVID would be the fifth
leading cause of death for Collier County and the fourth leading
cause of death for Lee County.
And this chart we've been showing to you every day for a long
time. Collier is still in third place for the cumulative cases per
capita, with Miami-Dade and Broward one and two.
And the -- this chart we showed also last week. It has the lines
on there, the vertical lines, showing when the different mask
mandates were in place. It's essentially the same as the bar chart we
looked at a few minutes ago, showing the positivity rates over -- this
is over a longer time span, and you can see those curves are relatively
following the same pattern.
So, again, all these data are -- are not necessarily accounting for
all the confounding factors, like the differences in population, the
differences in population demographics, the traveling that occurs
between our two counties, and several other different factors, but
we've pulled out some recent emerging international and national
scientific evidence. These are peer reviewed studies that are starting
to demonstrate that mask mandates actually do make a difference and
help slow the spread of COVID-19.
So this June 2020 study out of the University of Iowa says the
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study provides evidence that US states mandating use of face masks
in public had a greater decline in daily COVID-19 growth rates after
issuing these mandates, compared with states that did not issue the
mandates.
Then in August of 2020, out of the South Carolina State
Department of Health, when comparing the jurisdictions that have
mask requirements in place to those that don't, the jurisdictions with
mask requirements have shown a 46.3 percent greater decrease in
total number of cases during the four weeks after the requirements
were implemented.
And then, finally, this one, just published a couple weeks ago
out of Canada's National Bureau of Economic Research. Results
suggest that indoor mask mandates can be a powerful preventive
measure in the COVID-19 context. Estimates of mask mandate
impact across Ontario's public health units are equivalent to a 25 to
31 percent reduction in weekly cases.
Furthermore, this -- using survey data, we show that mask
mandates increase self-reported mask usage in Canada by 30
percentage points, suggesting that the policy has a significant impact
on behavior.
Jointly, these results suggest that mandating indoor mask
wearing in public places is a powerful policy measure to slow the
spread of COVID-19 with little associated economic disruption.
And I'll remind you that these studies, they used sophisticated
statistical analysis to control for these variables that I'm mentioning,
about mask mandates in different jurisdictions versus non -- no mask
mandates and the traveling between jurisdictions and things like that.
So, also, I want to remind everyone that the Florida Surgeon
General still has a public health advisory in effect. And that public
health advisory says that every individual in Florida should wear a
face covering over the nose and mouth in any setting where social
October 22, 2020
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distancing is not possible, both indoors and outdoors.
And the CDC also has mask guidelines and recommendation for
people to wear masks. I pulled this from the CDC website two days
ago. Masks are recommended as a simple barrier to help prevent
respiratory droplets from traveling into the air and onto other people
when the person wearing the mask coughs, sneezes, talks, or raises
their voice. This is called source control.
COVID-19 spreads mainly among people who are in close
contact with one another, within about 6 feet. So, the use of masks
is particularly important in settings where people are close to each
other or where social distancing is difficult to maintain.
And the next slide just shows the list of scientific peer reviewed
articles from which the surgeon general and the CDC based -- on
which they based their guidelines.
That is all for me, unless there are any questions.
CHAIRMAN SAUNDERS: All right. Let me see if there are
any questions. Nobody's light is lit up, so I'm assuming there are no
questions from the commission.
All right. Thank you. And if you -- can you remain for a little
bit, in case there are questions during the rest --
MR. DREW: I'm here and Stephanie is here as well.
CHAIRMAN SAUNDERS: Okay. Great. Thank you.
MR. OCHS: Mr. Chairman, I had asked Mr. Mullins from our
office to prepare a few other slides, essentially pulling data points
from the department of health website for a slightly broader range of
counties. I thought that might be informative for the board at this
time.
Mr. Mullins?
MR. MULLINS: Good afternoon, Commissioners. For the
record, John Mullins, government affairs manager. And
Commissioner McDaniel had requested a series of charts plotting
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state department of health daily coronavirus report data, which I will
now briefly review for format and included data points, and then
defer to the commissioner for his analysis.
The commissioner requested three chart topics, positivity rate,
hospitalizations, and fatalities, using the earliest report by county that
we could obtain, and that ended up being April 25th.
The charts plot one-month intervals from that date, of which
coincidentally took us through September 25th, the day that phase
three for all counties was announced by Governor DeSantis.
Now, the highlighted portions of the report that you see there
were where the -- were where the data were collected. And
regarding positivity, please keep in mind that the report states that the
rate is calculated excluding people who have previously tested
positive. And on the positivity charts, the colored number at each
data point is the total number of test results listed in that daily report.
Now, there are two charts for each of the three topics, one being
for southwest Florida compared -- comparison of Collier, Lee, and
Charlotte Counties, and then the other, a wider selection of populous
counties.
Regardless of chart, Collier County is represented by the red line
in each chart. A circle and cross represents the date that a mask
order was put into effect by a county. And, as you will see, a couple
of the counties had mask orders in place prior to public availability of
county by county data. Also, several counties had stay-at-home
orders or had passed resolutions urging residents to stay home. And
all these orders and resolutions predate the county by county report
data. Likewise, the statewide safer-at-home executive order by the
governor also predates this data.
And, lastly, the phased reopening time-line is depicted on every
chart simply for reference.
And with that, I am happy to control the various charts per the
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direction and comments of Commissioner McDaniel.
CHAIRMAN SAUNDERS: Commissioner McDaniel?
COMMISSIONER MCDANIEL: Yes.
And I -- I thank you, John. I -- you and I worked a lot on
these -- on these numbers.
I wanted to share this information because -- with you. I
have -- I -- I look at a lot of data sets. I hear a lot of information that
comes from a lot of different people.
And one of the things that disappointed me early on was our
board not deploying our staff and bringing back information to us for
us to review and -- and make our decisions accordingly. So, what
I -- and it wasn't random, I just -- I had named, I think, those five
counties; Dade, Broward, Palm Beach, Orange, and Pinellas
Counties. Those were five heavily, densely populated communities
that all had stay-at-home orders and mask mandates well in advance
of ours and certainly have a more dense -- denser population.
And I compared our numbers, if you will, on positivity,
hospitalizations, and then fatalities to those communities, and that's
all here. And then I also compared Collier County to our sister
counties, Lee and Charlotte.
Lee County has had neither stay-at-home order at all or a mask
mandate and double our population. And then Charlotte County did
enact a mask mandate, but after -- after we did.
And, again, this is from -- from my perspective, everybody's
kind of -- even -- even with what John had showed earlier,
everybody's kind of doing the same thing. The virus is doing what
the virus does, irrespective of local government's efforts to forestall it
or reduce the spread or anything along those lines.
And of course, John, I -- that was -- that was a very appropriate
statement. There's -- there's an enormous amount of factors that
come into play when you're looking at this data. Community density
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population, demographic of population.
There's -- there's, you know, you -- there's hardly anybody that
knows more about what we have going on with our community of
Immokalee than myself. And the -- with the adversities that we, as a
community, have had to face, and those diversities of population,
cultural barriers, and so on and so forth.
So, I just -- I wanted this data to become part of our record.
You know, there are similarities throughout everybody's case
management, if you will. I stayed on fairly easy -- easy numbers to
ascertain positivity, hospitalizations, and then of course fatalities.
I -- in my heart, I truly believe that the majority of the
management, with regard to this illness, has to do with not
overwhelming our health care system. And I've been very, very
diligent in looking at our health care assets, both in Collier and in
Lee. Especially because managing Immokalee's population, those
folks have a chance to go to Lee County health systems just as quick
as they can come to Collier.
And so that was the reason that I added hospitalizations in here
as well, just so we could see those trends and -- and do some
comparison with communities that haven't had mandates, haven't had
stay-at-home orders, and then those that have.
And, quite frankly, though there are anomalies, and there's an
enormous amount of data that makes up the data, everybody's kind of
doing the same thing. Everybody -- there was one singular point that
I could say for sure we were all on a downtrend, coming off of that
first 45 days of countrywide shutdown. The 45 days to slow the
spread, we were all on a downtrend. And as soon as we went into
phase one, everybody -- everybody went up.
And -- and so -- and -- but they've gone up at different rates and
different curves. Lee County, not having the mask mandate and/or a
stay-at-home order, their actual numbers -- they never really peaked,
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they just kind of -- you can see their number, it's right there on the
screen. It just kind of curved, and then it's come back down in
amongst the rest.
So, I just -- it's not a lobby for or against, it's information.
It's -- and I think Mr. -- I want to thank John for doing this. This
is -- this is something that I -- I would've liked for us to have done
quite some time ago as we were making these decisions.
CHAIRMAN SAUNDERS: All right. Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. I've been doing some
reading, and one thing that I noticed that we are markedly different
from the other counties that you brought into it are the fatalities.
And Lee County leads the fatalities, it looks like.
And one of the -- I don't think it's recent. Well, it's recent
because we're discussing this -- this epidemic or pandemic is recent,
but one of the documents that I read is with a study that says that
mask wearing could be minimizing the symptoms. Not that it keeps
it completely away, but it could minimize it to the wearer so you
don't get as sick.
CHAIRMAN SAUNDERS: Commissioner Taylor? I
apologize for interrupting, but let's -- in terms of the process, let's go
through the questions for Mr. Mullins and then -- I think you're
getting into arguments supportive of a position.
COMMISSIONER TAYLOR: Not so much argument, just a
comment, and I'll stop.
CHAIRMAN SAUNDERS: Yeah. But let's -- yeah, let's try
to --
COMMISSIONER TAYLOR: That's fine.
CHAIRMAN SAUNDERS: -- get through that and then
reserve the -- that type of dialogue for when we're ready to coalesce
all of this information.
Any other questions for Mr. Mullins?
October 22, 2020
Page 18
All right. Thank you.
COMMISSIONER MCDANIEL: Thank you, John.
CHAIRMAN SAUNDERS: Mr. Ochs, does that conclude --
MR. OCHS: Yes, sir. That --
CHAIRMAN SAUNDERS: -- comments from staff?
MR. OCHS: -- concludes staff presentation.
CHAIRMAN SAUNDERS: All right. We obviously have
quite a few people registered to speak. Would it be desirable to go
ahead and start the public comment? All right.
MR. MILLER: Thank you, Mr. Chairman. We have 17
registered speakers here in the room, 51 registered online. Of that
51, 33 are online with us right now.
CHAIRMAN SAUNDERS: Let me again reiterate that we
have a two-minute time limit, unless you are involved in the medical
world as an expert in infectious disease or epidemiology. I don't
think I said that right. But we'll get your credentials if you want to
have a few more minutes.
MR. MILLER: And I want to remind our online speakers,
when we call your name, we'll -- we'll allow you to speak on our end,
but you may still have to unmute your microphone on your end.
All right. Let's begin. Here in the room, Keith Flaugh. He
will be followed by April Donahue, Kristina Houser, and then Carol
Moore.
Mr. Flaugh, you have two minutes.
MR. FLAUGH: Good afternoon -- good evening. My name is
Keith Flaugh. Marco Island, Florida.
I urge you to vote against continuing this mask mandate. It's
overreaching.
A recent meta-analysis of scientific literature, including 11
randomized control trials and ten observational studies, found that
there was no clear laboratory-confirmed evidence that mask
October 22, 2020
Page 19
protection works. In fact, there was quite a bit of evidence that
wearing a mask could actually raise your risk.
Recent -- three weeks ago, CDC put out a study of 2,000 people
that contracted COVID virus. 86 percent of those people wore their
mask a hundred percent or most of the time, only 3 -- 3.9 percent who
never wore a mask contract -- in that study never wore a mask. So
there's a huge amount of evidence there that wearing a mask could
actually increase your risk.
And I've been here now for four of these -- I think there's been
five, Commissioner -- for four of these. And we hear a number of
folks get up here and say that they're feeling much safer because
they're wearing a mask. Wearing a mask doesn't stop you from
getting COVID, and the CDC data confirms that. Thank you.
MR. MILLER: Your next speaker is April Donahue. She'll be
followed by Kristina Houser, Carol Moore, and then Laurie Harris.
Miss Donahue, are you with us online?
MS. DONAHUE: Yes, I am. Can you hear me?
MR. MILLER: Yes, ma'am. You have two minutes, please
begin.
MS. DONAHUE: Thank you, Chair Saunders, and
commissioners for the opportunity to speak today. And I represent
the board of directors of Collier County Medical Society. We
applaud the commission for enacting a mask order in Collier County
and ask you to extend the order that requires facial coverages.
The CCMS board has reviewed input from the volunteer
members of their COVID-19 mask force and discussed issues such as
the efficacy of masks, the upcoming flu and snowbird seasons, the
phase three openings in Florida, and the rates of COVID-19 cases and
death in our community. The board's conclusion is to strongly
recommend that the county extend the order.
The CDC has concluded, and I quote, the principal mode by
October 22, 2020
Page 20
which people are infected with SARS-CoV-2, the virus that causes
COVID-19, is through exposure to respiratory droplets carrying
infectious virus. The pathogens are transmitted primarily in one or
more of the following situations: Enclosed spaces, prolonged
exposure, and inadequate ventilation or air handling.
The virus can be transmitted to others even when more than
6 feet away or in passing through a space after the infectious person
has left. Masks and facial coverages are the strongest method
currently available to us of preventing transmission and, at the least,
reducing severity of symptoms.
Numerous studies demonstrate that mask mandates are effective
in reducing the percentages of cases by protecting others from
infection that the mask wearer might carry.
The mandate is working in Collier County. While our numbers
are getting better, however, they are still fluctuating, and there's
major risk with this potentially deadly disease, which could also have
long-term effects on survivors that are not still fully understood.
The significant proportion of infections, around 40 to
45 percent, occur without symptoms. An infection can be spread by
people showing no symptoms.
Nursing home positivity rates have begun increasing again.
The results of moving Florida to phase three will not yet be seen for
another few weeks. Death rates remain elevated.
Masks are safe for the vast majority of people, and the order
provides exceptions for those who are physically unable to wear
them. It is our duty to protect the health and safety of those around
us. My mask protects you.
CHAIRMAN SAUNDERS: Thank you very much. Your --
MS. DONAHUE: Thank you.
CHAIRMAN SAUNDERS: Your time is up. Thank you.
MR. MILLER: Your next speaker will be Kristina Houser,
October 22, 2020
Page 21
followed by Carol Moore, Laurie Harris, and then Christina Restrepo.
Miss Houser, you have two minutes.
MS. HOUSER: Thank you.
Good afternoon. Just to shift the conversation away from the
data a little bit, because I think we're too focused, really, on the
positivity rate, even though we're only talking about 6 percent at this
point.
There's a lot of information out there that these tests are very
sensitive, and they're only picking up, in many cases, small particles
of the virus, which doesn't indicate that a person is, in fact, infected
or able to transmit the virus.
But the governor of the State of Florida, Governor DeSantis, has
wisely decided to move us to phase three of our reopening plan, his
reopening plan, which is a full and complete reopening. And he
issued that order on September 25th.
And he noted in there that no COVID-19 emergency ordinance
may prevent an individual from working or from operating a
business. Now, while you don't explicitly prohibit those things,
your -- your executive order -- which I think is
inappropriate -- inappropriately named the governor issued an
executive order, because he is, in fact, the executive of this state,
you're a legislative body.
But putting that aside, you are impinging upon businesses'
ability to operate freely because you're imposing restrictions upon
them. And I -- although I wasn't present at the last meeting, I was
able to watch it. And there was a gentleman that testified that he has
had to quit his job two times because he's so uncomfortable wearing a
mask. So, you are imposing restrictions. And I -- I'm running out
of time, unfortunately.
CHAIRMAN SAUNDERS: I'll give you a few more seconds --
MS. HOUSER: Thank you.
October 22, 2020
Page 22
CHAIRMAN SAUNDERS: -- but I just want to clarify the
gentleman was very emotional in his comments. His employer
wanted his employees to wear a mask, and he was not comfortable
wearing a mask --
MS. HOUSER: Yes.
CHAIRMAN SAUNDERS: -- and so he resigned. That was
not a function of a mask order, that was an employer requiring
employees to keep each other safe by wearing a mask. So just
wanted to state that for the record.
MS. HOUSER: Well, I don't think that's -- that was necessarily
clear from his comments, because employers are imposing these
restrictions on employees in order to be in compliance with your
mandate.
The governor's order also says that it's suspending all related
individual fines and penalties. So, although your order only imposes
fines upon businesses, I think it's clear that the spirit of the governor's
order is to bring us to a full and complete reopening and lift all of
these restrictions.
And I just have to make one point, which is very important,
because -- I've been following the case against the county regarding
this mandate. And the county attorney put in a document where he
apparently agrees that this -- the spirit of this order is contrary to the
county's order. Because he wrote to the Court that because of
Governor DeSantis' executive order, nothing further can or will
happen, from the county's standpoint, until the matter is heard by the
special magistrate in November. That's referring to the citations that
were issued to Oakes Farms and Seed to Table.
No further code enforcement citations will be issued against the
plaintiff's two stores as doing so would be both meaningless and
pointless.
So, if continuing to enforce your order is meaningless and
October 22, 2020
Page 23
pointless, why are we even here? Just let it expire.
CHAIRMAN SAUNDERS: You do need to wrap it up.
Thank you very much.
MR. MILLER: Your next speaker is Carol Moore. She'll be
followed by Laurie Harris, Christina Restrepo, and then Christy
McLaughlin.
Miss Moore, are you with us online?
MS. MOORE: Yeah, I'm here. Can you hear me?
MR. MILLER: Yes, ma'am. You have two minutes, please
begin.
MS. MOORE: Okay. Thank you.
I'd just like to say that I do love seeing the "three maskateers,"
Solis, Saunders, and Taylor properly muzzled up there with a mask.
And this is a -- smoke and mirrors. What is the possible agenda
here, people? This is reduced down to a cult. This is something
that 99 percent 9 percent [sic] of the people recover from with no
problem. The oldest people, maybe 74 percent, like our president,
you know, recover very well.
So, I don't know what your agenda is. I mean, I swear, like, the
emperor has no clothes. These medical people that get up there,
they're buffoons. I don't know what the agenda is. This is the
most -- it's the most amazing thing I've ever seen.
So, I saw a little -- little meme, and I'm going to repeat it to you,
from Cat in the Hat. I will not wear it on my face; I will not wear it
any place. I will not wear it to get in; I will not wear it on my chin.
I will not wear it on my ear; I will not wear it out of fear. I will not
wear your stupid mask; I will not wear it, do not ask.
The governor cut your legs out. You can't enforce anything.
Back down. Admit you're wrong and just stop. And just realize -- I
told you before, at the last meeting, you will not be reelected. I am
going to make sure of that. But you do not represent your district,
October 22, 2020
Page 24
and you're just way off base here.
MR. MILLER: All right. Your next speaker is Laurie Harris.
She'll be followed by Christina Restrepo, Christy McLaughlin, and
Cindy Grossman.
Miss Harris, you have two minutes.
MS. HARRIS: Thank you, Commissioners.
MR. OCHS: Ma'am --
MR. MILLER: Pull the mic down.
MR. OCHS: Pull that mic a little closer. Thank you.
MS. HARRIS: Better?
MR. MILLER: Yes.
MS. HARRIS: Commissioners, first I have to start by thanking
Commissioner Fiala and McDaniel for not imposing a face mask.
And now, after listening to Dr. Lindner, I'd like to thank him for
admitting they do no good, since you've had a mask mandate and
cases are going up. So, thank you to Dr. Lindner.
Back in April, I spoke here about reopening Collier County, that
my rights do not end with somebody else's fears, and we've never
before quarantined the healthy.
Yesterday, Florida's House of Reps received a study from the
CDC indicating that nearly 60 percent of the deaths had -- labeled
COVID have errors, 10 percent were misclassified.
We heard two weeks of flatten the curve back in March. Two
weeks was not to lessen the number of cases, it was to lessen the
number of cases presenting to the hospital at the same time. Okay?
Two weeks is now eight months.
The CDC, which you have referenced in one of your summaries,
says that between ages zero and 70 there's a 99 percent survival rate.
Over 70, 75 percent.
So, when the -- when does this face covering expire? When
there's a vaccine, a forced vaccine, proof of a vaccine? Do I get a
October 22, 2020
Page 25
microchip to prove my vaccine? Where does this end?
Bill Gates has been working on a vaccine. He's not a doctor.
MS and MSNBC stands for Microsoft. Why do you think he needs
to control what is said on your TV? His father was the head of
Planned Parenthood. He was -- took out eugenics. Eugenics, what
does that mean? He gave vaccines to the elderly to get rid of them.
I will -- couple more things. I heard that bell. Your legal
impact from your executive summary says there's none. Well,
maybe not, but you're taking away my rights. Your fiscal impact
says there's none. Untrue. There are businesses suffering because
you are forcing people to wear face masks. I will not go into one
that forces me to wear one.
The CDC says face masks, if you can't -- you don't want to buy
one, they have guidelines on their websites for do it yourself.
Really? Do it yourself? Should we ask Martha Stewart how to
decorate them for the holidays for a Zoom meeting with our families.
CHAIRMAN SAUNDERS: We do need you to wrap up, if you
would.
MS. HARRIS: These -- these face masks don't work. The
doctor here just admitted it. If these face masks are mandatory,
these face coverings are mandatory, that means they are infected with
a biohazard. They are being discarded like cigarettes butts.
If they are truly the biohazard that you say they are, I want the
medical receptacles set up at hospitals for them to be disposed of
properly, and I'd like to know what your plan is to do that. But I
laugh because there is no plan to do that, I'm just pointing out your
hypocrisy.
CHAIRMAN SAUNDERS: Thank you very much.
MR. MILLER: Your next speaker is Christina Restrepo.
She'll be followed by Christy McLaughlin, then Cindy Grossman,
then Melissa Hughes.
October 22, 2020
Page 26
Miss Restrepo, are you with us online?
MS. RESTREPO: Yes, I am. I -- is there any chance you can
put me --
MR. MILLER: Ma'am -- ma'am --
MS. RESTREPO: -- to the next one? I just walked in the door
from work. Please, I ask you to just --
CHAIRMAN SAUNDERS: All right. Let's pass on that, go to
the next one.
MR. MILLER: All right. I'm going to go to our next -- next
speaker in the room then, Christy McLaughlin, and she'll be followed
by Cindy Grossman, Melissa Hughes, and then we'll come back to
Christina Restrepo.
Miss McLaughlin, once the table is ready, you will have two
minutes.
CHAIRMAN SAUNDERS: We can use both podiums, right?
MR. MILLER: Yes. I'm sorry.
MS. MCLAUGHLIN: Good afternoon. My name is Christy
McLaughlin. I urge you to let this mandate expire. I have always
been against these mask mandates.
I have brought some quotations from federal case law. In the
appellate court, Butler versus Wolf, that -- although it regards the
issues on stay-at-home orders, it is very relevant because it discusses
the constitutionality when we're facing pandemics.
To quote it: The constitution sets certain lines that may not be
crossed even in an emergency.
Another quote: Although courts are lenient to give deference to
temporary measures for emergency circumstances, that deference
cannot go on forever.
And what we're seeing here, with this continuous lengthening of
this mandate, is it's a manner in which this ordinance is just
administered completely and shockingly arbitrary.
October 22, 2020
Page 27
The greater issue here is that you have a legal duty to create an
ordinance that is enforceable and that has the outcome and the result
that the ordinance was created for. Governor DeSantis has banned
localities from collecting fines for mask mandates. It is
unenforceable.
And we heard from Keith Flaugh that the CDC has released
studies. Mine says 70 percent of 154-person study who contracted
COVID wore masks, quote, always. So, efficacy of masks is not
resulting in the outcome that you yearn for. You, as commissioners,
are aware of this, and yet you're maintaining this order because -- it's
in hopes of the people are fearful enough to simply comply because
there might be legal ramifications.
I urge people to vote educatedly, vote wisely, and vote
selflessly. Because although the commissioners sitting here don't
have opponents in this election or are not seeking reelection -- other
than McDaniel, Commissioner McDaniel, who has always been in
favor of the constitution. Thank you.
And congratulations, Commissioner Fiala.
CHAIRMAN SAUNDERS: We do need --
MS. MCLAUGHLIN: I'll wrap up.
Congratulations on your retirement.
You must vote, because you have to protect the interests of the
constitution and future generations which the current sitting
commissioners, Taylor, Saunders, and Solis, have not been.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Cindy Grossman. She'll
be followed by Melissa Hughes, then Christina Restrepo, and then
Dean Parave.
Miss Grossman, are you with us online? Miss Grossman?
Check and make sure you're not --
MS. GROSSMAN: Yes.
October 22, 2020
Page 28
MR. MILLER: Yes, there you are. You have two minutes,
ma'am.
MS. GROSSMAN: Hello?
MR. MILLER: Yes, ma'am. You have two minutes, please
begin.
MS. GROSSMAN: Okay. Thank you.
We need the mask mandate to be renewed, and we'll need it at
least until next spring, between flu season and COVID's new surge
and all the snowbirds and vacationers that will arrive.
Even if a vaccine is found, that citizens why -- we believe is safe
and is not rushed for political reasons, it will take a long time to
distribute it widely, and there will be anti-vaxxers to deal with. So,
masks are the solution to keep us safe and the economy going.
I know a nurse administrator at a hospital who has no patient
contact, and she just quit her job because she believes the second
surge of COVID will be much worse than the first, and she doesn't
want the exposure, even though she's been feeling safer at the
hospital than anywhere else, due to all the hospital precautions,
including masking.
I've spoken to employees at Costco, Target, and the offices of
my doctors. They all live in fear and are grateful that their
employers have mandates, regardless of the county status. So, the
county mandate matters for other employees who are not so
fortunate.
Essential workers, who are responsible to care for our health and
keep us stocked with food, aspirin, and toilet paper want the mandate.
The rest of us owe it to them to wear masks. People must
understand that the masks are to protect others as much as
themselves.
And these essential workers who want the mandate wear masks
at least eight hours a day, five days a week. The rest of us should be
October 22, 2020
Page 29
able to deal with the discomfort for a couple of hours on occasion
when we do errands.
As more is learned about COVID, it's clear that it's more
contagious than originally thought. Now we know it can last in the
air for hours as an aerosol, especially in places that are not well
ventilated. And just yesterday the CDC changed the 15-minute
exposure guidelines from 15 consecutive minutes to 15
nonconsecutive minutes over 24 hours.
Yes, the CDC and other authorities have made changes as
they've learned more, because the virus is brand-new and they're
human and need time to study and study COVID patients and learn
more as time goes on, but this is the best information we have.
CHAIRMAN SAUNDERS: We need you to wrap up very
quickly, if you would. Thank you.
MS. GROSSMAN: Okay. Suddenly everyone believes that
they're constitutional experts but they're not. They're not
constitutional experts any more than they're brain surgeons or rocket
scientists. Virtually all constitutional experts believe that mask
mandates are constitutional.
CHAIRMAN SAUNDERS: Thank you very much.
MS. GROSSMAN: Thank you.
MR. MILLER: Next speaker is Melissa Hughes. She'll be
followed by Christina Restrepo, Dean Parave, and David Rasmussen.
Miss Hughes, you have two minutes.
MS. HUGHES: Take this off. Thank you for --
MR. MILLER: Can you please step a little closer to the
microphone.
MS. HUGHES: Thank you for all -- letting all of us share our
opinions.
I live in a community in Naples, and perhaps 80 percent of us
are -- comply with the masks, and we wear them and we comply with
October 22, 2020
Page 30
the other mitigation measures, and there's a very small group that
does not.
And now that very small group -- many of them have contracted
the virus. And I think that our community is very much a
microcosm of what's happening across the country, in other
communities, in university settings, and other school settings.
So, somebody said earlier, you don't wear the mask for yourself,
you wear the mask for other people. And I think we do need to
listen to the health medical professionals, the scientists. I don't
know -- I'm not a scientist, I'm not an epidemiologist, but I know
enough to know what I don't know. And I'm going to take their
word for it over somebody who is -- is, you know, any -- any
other -- any other profession.
And so, here's the thing. I think that all of us can take that little
bit of discomfort to protect those people around us, so I urge you to
extend the mask mandate. Thanks.
MR. MILLER: Your next speaker is Christina Restrepo,
followed by Dean Parave, David Rasmussen, and then Beth Sherman.
Miss Restrepo, I hope we've given you enough time. I'll remind
you, please mute any other audio in your room that might be from the
meeting. Are you with us, ma'am?
MS. RESTREPO: Thank -- yes, I am. Can you hear me?
MR. MILLER: Yes, ma'am. You have two minutes, please
begin.
MS. RESTREPO: Thank you.
I'm a veterinary doctor, a specialist, and I'm speaking to ask you
to please end this mandate immediately.
Please read this important petition authored by three infectious
disease epidemiologists. Those are specialists of infectious diseases
such as COVID. These three are from Harvard, Oxford, and
Stanford. They signed and authored this petition October 4th, 2020,
October 22, 2020
Page 31
in Great Barrington, US.
I quote: Those who are not vulnerable should immediately be
allowed to resume life as normal. Simple hygiene measures, such as
hand washing and staying at home when sick, should be practiced by
everyone to reduce the herd immunity threshold. Schools and
universities should open for in-person teaching; extracurricular
activities, such as sports, should be resumed; young, low-risk adults
should work normally, rather than from home; restaurants and other
businesses should open; arts, music, sport, and other cultural
activities should resume. People who are at risk -- who are more at
risk may participate if they wish, while society as a whole enjoys the
protection conferred upon the vulnerable by those who have built up
herd immunity, end quote.
We had fear -- now this is my words. We had fear when this
first started due to the unknown. We now know better and must do
better. We do have adequate treatments. As soon as symptoms
start, you can receive hydroxychloroquine, zinc, et cetera. There are
multiple -- 99.9 percent effective -- efficacious protocols.
Masks only delay herd immunity. You are prolonging the
general population from getting over this by making people wear
masks. It's okay to have higher numbers; we want that. We need
herd immunity. 99.7 percent of people are fine or, at most, have flu
season -- flu symptoms. It's only the 0.2 percent at most that are
very vulnerable.
Masks lead to more illness, including respiratory illness,
headaches, migraines from rebreathing CO2 and decreased oxygen.
This is traumatic to young children and the elderly.
Hundreds of frontline doctors held a conference in front of the
supreme court in Washington, D.C. July 27th to 28th this year.
CHAIRMAN SAUNDERS: We need --
MS. HUGHES: This was banned.
October 22, 2020
Page 32
CHAIRMAN SAUNDERS: We need you to wrap up your
comments, if you would, please.
MS. HUGHES: Okay. So that's -- I can provide that data for
you to -- you must add this to the records that you're looking at.
These are frontline doctors, and this is a Barrington declaration from,
like I said, Oxford --
CHAIRMAN SAUNDERS: Thank you.
MS. HUGHES: -- Harvard --
CHAIRMAN SAUNDERS: Thank you very much.
MS. HUGHES: Thank you.
CHAIRMAN SAUNDERS: If you'll provide that document, it
will become part of the record, if you'll email it to us. Thank you.
MS. HUGHES: I will. Thank you.
MR. MILLER: Your next speaker is Dean Parave, followed by
David Rasmussen, Beth Sherman, and then Deborah Hermalyn.
Mr. Parave, I hope I'm pronouncing that right.
MR. PARAVE: Perfect.
MR. MILLER: And you have two minutes, sir.
MR. PARAVE: Thank you.
My name is Dean Parave. Everybody's pretty much saying
what I have to present today. I'm totally against this mask.
I just pulled a study today from the CDC, and it says that
overwhelming majority of people getting coronavirus are wearing
masks. Okay? I haven't wore a mask yet, I never will, and I'm not
sick. And same with the other thousand people that I know.
They -- it -- your immune system is building up.
I mean, I would -- that doctor said he wanted some, you know,
questions. I would like to know how many people actually died of
just COVID and not other illnesses with COVID. Okay?
That -- you know, if this was a serious disease, I would be serious.
It's a flu. It is nothing. You -- you're not going to die from it.
October 22, 2020
Page 33
If -- if you can pretend to be Bruce -- that -- Bruce Jenner can pretend
to be a woman and Kamala Harris can pretend to be black, pretend
I'm wearing a mask. Okay? This is ridiculous, this stuff, for real.
You're just -- you're killing the economy, you're making people
leave here, you're making people -- like was said, I won't go into a
restaurant if they force me to wear a mask. I turn around and walk
out, me and my family. We'll go somewhere else that we don't have
to wear a mask. Thank you.
MR. MILLER: Your next speaker is David Rasmussen,
followed by Beth Sherman, Deborah Hermalyn, and then Scott
Sherman.
Mr. Rasmussen, are you with us, sir?
MR. RASMUSSEN: I am. Thank you very much for hosting
this presentation today.
I have a few comments. I'm not a medical professional, I'm an
engineer by trade, but I work by science. And the science is truly
there that masks do protect not only others around you but also
yourself from being around others.
6-foot is just too -- it's not enough in certain circumstances.
Restaurants are notorious and bars are notorious for sharing virus.
We need to continue the mask and -- throughout our county, even at
the farmers markets and other places where you think you're outside,
you're still getting within 6 feet of other people.
I have no -- numerous families that I know that -- where
the -- one person brought it in, and because they don't wear masks at
home, they freely give it to each other. We had my family here from
Colorado. They wore masks, we wore masks for the whole week
they were here whenever we were around indoors. It's just the
reality.
We can't deny that the -- the infection is there, and it does hurt
our economy. There's no right answer to this. Let's not make it
October 22, 2020
Page 34
personal, let's not make it political, let's do what's right, and let's get
on with this until the virus -- the vaccine is available.
MR. MILLER: Your next speaker is Beth Sherman. She'll be
followed by Deborah Hermalyn, Scott Sherman, and then Diane
Field.
Miss Sherman, you have two minutes.
MS. SHERMAN: It has been made clear to me, and many
others, that the deep state has infiltrated Collier County. Those who
don't believe in such a thing clearly don't follow political and world
events. Those who do, are awake to see the corruption. We see that
you are violating your oath to the Constitution of the United States of
America and the State of Florida.
The idealistic me would like to say to you to wake up and do
some research, since our very own CDC has compared COVID to the
early flu and listed the survival rate for it at 99 percent. But the
realist in me knows that we have already presented these facts and
figures to you many times, and you just don't care.
You pack the room with one side of experts, like the Florida
Department of Health, who lies through their teeth with NCH, and
usually the school board, who is using our children as pawns to
control the COVID narrative.
We are living in an age of propaganda and censorship. I have
felt that censorship at every meeting I have attended here for this
issue. I have personally sat in the hall for hours on end to get my
reduced time, while so-called VIPs fill seats and get unlimited time to
speak. You've pushed cases and never speak of the 99 percent
recovery rate.
You are instilling fear into our community, and I am tired of it.
Those of you who continue to vote for this mandate have become a
slave to fear and are not fit to run this county. This county needs
leaders who speak truths, put their name on the line for what is right,
October 22, 2020
Page 35
and aren't willing to sell out to a corrupt system that is broke.
Change is on the horizon, and I for one am thankful some of you
have showed your true colors. As people wake up, they will see
what I see, so-called leaders who want to rule the community and not
protect and serve it.
I invite you all to come to Freedom Festival this Saturday at
1260 Deer Run Lane, from 11:00 to 3:00. You can learn about what
freedom really means to people in this community. It is free fun,
and I welcome everyone listening to join us. Thank you.
MR. MILLER: Your next speaker is Deborah Hermalyn,
followed by Scott Sherman, Diane Field, and Bryan Harris.
Miss Hermalyn, are you with us online, ma'am? Diane
Hermalyn, are you with us, ma'am? You may have to unmute.
Miss Hermalyn?
MS. HERMALYN: Hello?
MR. MILLER: Yes.
MS. HERMALYN: Yes. I'm here --
MR. MILLER: Miss Hermalyn, you have two --
MS. HERMALYN: Thank you.
MR. MILLER: Miss Hermalyn, you have two minutes.
MS. HERMALYN: Thank you.
Commissioners, first of all, I want to say that I appreciate your
taking time to review all of our comments, and I want to tell you that
I am very much supportive of the mandate to ex -- and I would like
you to extend this mask ordinance really for two reasons. The
ordinance has actually been working. And the second reason is the
risk is now exponentially growing.
We all know fall and winter are approaching, and there has been
a dramatic increase everywhere in the positively rate. We also know
that people flock to Collier County from all over the world, and we're
hoping to see them again. But with that flocking to our community,
October 22, 2020
Page 36
they are bringing with them COVID cases.
For these two facts alone, we -- demonstrates the need to
continue the mask ordinance. But I want to spend a couple of
moments just addressing some of people's concerns, and the reason
they often resist having a mask ordinance.
One excuse concerns the meaning of the principle of free choice.
I am a strong proponent of the principle of free choice. However,
this public health crisis is not about the principle of free choice,
because free choice is in conflict now with an equally valid but
overarching principle, the right to freedom.
If an individual can choose not to wear a mask, I am no longer
free. I am no longer free to enjoy public places safely or with
confidence. It might -- if your choice limits my freedom and makes
me a shut in, your choice denies my right to live and travel safely in
the community in which I am a full-time tax paying citizen. Your
choice takes away my freedom.
In this case, two principles that are very important are in
conflict, but your rights are not greater than mine. Your right to
choice is not greater than everyone else's right to be free --
CHAIRMAN SAUNDERS: Ms. Hermalyn --
MS. HERMALYN: -- from a public health plague.
CHAIRMAN SAUNDERS: We need you to wrap up your
comments.
MS. HERMALYN: I will. Thank you.
You do not have the right to infect me, which could kill me.
During a public health crisis, as during times of war, the principle of
free choice does not apply.
CHAIRMAN SAUNDERS: Thank you.
MS. HERMALYN: Leaving it up to every man, woman for
themselves --
CHAIRMAN SAUNDERS: Ms. Hermalyn --
October 22, 2020
Page 37
MS. HERMALYN: -- is dangerous.
CHAIRMAN SAUNDERS: Ms. Hermalyn, thank you. We
need to move on.
MS. HERMALYN: Vote to continue your ordinance. Thank
you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Scott Sherman. He will
be followed by Diane Field, Bryan Harris, and Dr. Joseph Doyle.
Mr. Sherman, you have two minutes, sir.
MR. SHERMAN: Thank you, Commissioners, for hearing us
again.
The last few times we spoke, I spoke science, because I am a
bioengineer, studied microbiology for 30 something years, and I'm
not going to go there.
The absurdity of this doctor back there, whose numbers clearly
didn't support his opinion, bringing in outside sources from as far
away as Canada and also wearing a mask that he pulled out of a box
that says this does not protect you from a virus, it just blows me
away. So, thank you for the entertainment today.
Now let me get into what I wanted to say. Gosh, if you are at
advanced stage or obese, or have comorbidity, please protect
yourself. But I heard the lady say that my mask protects her, and it
doesn't, a mask doesn't work. But when did it become my problem
to keep you healthy? Okay? I don't expect you to keep me healthy.
I work my ass off to exercise, eat right, organic, plant-based diet.
That's what I do.
And when I'm looking at someone yelling at me in Publix for
not wearing a mask, who's 50 pounds overweight, hasn't seen a gym
in ten years, telling me I have to keep them healthy, this is a big
problem for me. You guys overstepped your bounds when you
made this mandate. I would really, really, really appreciate it if you
October 22, 2020
Page 38
would just lift it, and let's get on with our lives.
Some of the things that you could do instead -- oh, my
word -- you know, why don't you have a town hall meeting, instead
of these five-hour long bitch sessions we all have to sit through. If
you had a town hall meeting with a moderator, where you can come
and ask questions and actually engage with your citizenry, wouldn't
that be more productive? Then you could have a vote without a lot
of this kind of discussion.
Oh, my word, you could increase the greenway. You know,
let's go back to the Blue Zone stuff. Everybody eat right and
exercise, that's where you're going to get people healthy. And you
have the power to do that.
You know, bring people -- have more festivals in Cambier Park,
get people together, put taxes on fast food and chips and soda. I
mean, those are the things we're talking about. Give tax breaks to
wellness centers and people that are going to go out and make people
be more healthy and more active. That's where you can make a
difference.
And you guys have been given -- you are public servants.
You're not kings and queens, you're public servants that have sworn
an oath to help protect us. And I've given you many, many different
ways to do it. And if you want to talk further, I can give you a long
list of things you can actually do that will be much more effective
than a freaking mask.
MR. MILLER: Your next speaker is Diane Field. She'll be
followed by Bryan Harris, Dr. Joseph Doyle, and then Daija
Hinojosa.
Diane Field. Miss Field, are you with us online, ma'am?
Miss Field, you may need to unmute your mike. Are you with us?
Diane Field, are you with us?
MS. FIELD: I'm here.
October 22, 2020
Page 39
MR. MILLER: Yes, ma'am. You have two minutes, please
begin.
MS. FIELD: All right. Thank you.
Please extend the mask mandate. They work to prevent the
spread of COVID. This commission has acted to protect residents
from COVID in the past.
Last spring, when you opened the beaches and were -- there
were many visitors from the other coast, you closed the beaches.
And the reason you did that was to protect your residents from
contracting and spreading COVID.
This commission has extended the mask mandate since July for
the sole reason of helping to prevent the spread of COVID. COVID
cases are already on the rise in Collier County. The rates are rising
before the snowbirds flock here. Cases will, no doubt, rise once they
get here in full force.
It's important to have a clear mandate before the population
surges here. Having a -- masks help manage expectations of
seasonal visits and tourists. Many people are coming from states
where masks mandate are already in place, so requiring people to
wear a mask will not be unduly burdensome, and it will not be a
deterrent to shopping, eating at restaurants, and supporting local
businesses, as people are already accustomed to wearing masks. Of
course, if a person can't wear a mask for medical or psychological
reasons, they should not be required to do so.
Commissioners, you have worked hard to listen to your
constituency. For that, I thank you. Please continue to do the right
thing and extend the mask mandate. Protect the air we share.
Thank you.
MR. MILLER: Your next speaker is Bryan Harris. He will be
followed by Dr. Joseph Doyle, Daija Hinojosa, and then Gary
Canino.
October 22, 2020
Page 40
Mr. Harris, you have two minutes, please.
MR. HARRIS: Thank you.
My wife told me when I left the house to make my mama proud,
because she's -- she knows I can get a little emotional, and I haven't
spoke at a podium since I quit preaching the Church of Christ. So if
I get a little long, I'm really sorry, that's the preacher.
But I will tell you that I -- everybody is -- for the -- for not
extending the mask mandate, which is -- I am one, I am one for not
extending the mask mandate. All of you have gotten emails from
me, now you can see me in person. I send emails frequently to make
sure you guys are hearing the facts that I see and the data.
And the data and facts are clear. In fact, I have -- I don't know
how you enter it in the record here, if I can leave these with
somebody.
CHAIRMAN SAUNDERS: If you'll just leave them with the
county attorney.
MR. HARRIS: I'll leave them with the county attorney. These
are all graphs that everybody can see that show that every state in the
union, as well as around the world, the countries around the world
that have put in mask mandates from the get-go, saw the same
increase in cases that states that didn't. Countries that didn't do a
mask mandate had the same increase in cases as the countries that
did. France, Italy, Spain, Germany all had huge mask mandates,
huge mask mandates, lockdowns from the beginning.
All these graphs show that when their mask mandate went into
effect, the cases actually went up in the weeks prior -- the weeks
after. So the mandate literally did nothing.
All these graphs are -- I'm going to give them to you. I've
actually sent them to you on email so you guys can look at them.
LA, which is one of the strictest states in our -- LA, that's not a
state. California, one of the strictest states in our union, had one of
October 22, 2020
Page 41
the biggest mask mandates from the get-go, and they've had -- again,
you'll see on the graph that when their mask mandate went into
effect, the cases still climbed.
So, I'll leave with you with that. To me it's just a matter of
looking at the data. The data says mask mandates do not work. We
need to end this mandate, and let us all go back. Because the one
result of the mask mandate that makes me sick is I -- I moved here
from New Jersey, and I expected to be free when I got to Collier
County, Florida, and I was excited about it, only to learn that there's a
mask mandate in place. And then I go around and I see people in
cars with masks on, I see people walking on the beach with masks on.
I think the brainwashing that's taken place is sad and sick. So, I
hope I made my mama proud.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Dr. Joseph Doyle,
followed by Daija Hinojosa, Gary Canino, and then Carolyn Bivans.
Dr. Doyle, are you with us, sir?
DR. DOYLE: Yes, I am. Can you hear me?
MR. MILLER: Yes. Dr. Doyle, you have two minutes, please
begin.
DR. DOYLE: Chairman Saunders, I would like to request a
little extra time since I am a physician. I'm actually board certified
in public health. I have my medical degree. I have a degree
in -- master's of public health. I am --
CHAIRMAN SAUNDERS: All right. We -- we know who
you are, so we'll consider you to be an expert, medical expert, and
take a -- take a few more minutes.
DR. DOYLE: Okay. I appreciate it.
I'm not here really to have a war of the studies. You know, you
can -- being a medical professional, I read several studies. You can
find studies and data and statistics on both sides of the issue.
October 22, 2020
Page 42
But I would like to say that for Collier County specifically, we
have been under the 10 percent positivity rate since August 24th.
And we've really been hovering around 5 or 6 percent, which is good.
Now, the thing is the positive people are younger now, around
age 41, than they were back in March, when we first started having
our first cases, which were around 60 years of age. So we've known
how to care for the people who are older and -- and, really, the cases
are showing up in the younger people who don't, quite frankly,
require hospitalization and they're not dying. And many of the
public comment -- you've already heard all this ad nauseam.
As a person who watches people, because I do population health
management, it's my observation that people wear masks, but they
handle them incorrectly. When they leave a building, I watch people
put them in their back pocket. They handle the front and the back of
them. So, some of the mask studies that show that they're not
effective is because people are putting on dirty masks, so they're
infecting themselves.
I say that what we really need, from a hygiene standpoint, is
more hand washing and the use of sanitizers.
Now, as far as the people who are over the age of 60 and have
underlying conditions, even phase three of the White House
guidelines that came out in April say that those people still have to
stay closer to home and wear masks. But to require people under the
age of 60, who are otherwise healthy, to continue to wear masks is
unreasonable.
And, you know, we -- people talk about trying to make things
safer for the snowbirds and the tourists. Well, a lot of them are
retirees over the age of 60. So, guess what? When they come back
here to Naples for the winter, to enjoy the sunshine -- that's great,
they want to get out of the snow. But guess what? They need to
stay closer to home.
October 22, 2020
Page 43
And we are not here, as year rounders, here to -- for their
enjoyment. They are visitors here, so they need to live on our terms,
and our terms are we don't want to wear masks. They need
like -- again, stay closer to home, have meals delivered, what have
you. Enjoy the sunshine, great, but they need to live here on our
terms, and we follow the constitution.
Basically, the health department and the medical establishment
are selling a panic, and the media is fueling the fear in the
community. So I request that we sunset this mask mandate today.
Thank you.
CHAIRMAN SAUNDERS: Thank you, sir.
MR. MILLER: Your next speaker is Daija Hinojosa, followed
by Gary Canino, Carolyn Bivans, and then Jane Smith.
MS. HINOJOSA: Good afternoon, Commissioners. My name
is Daija Hinojosa, and I am actually -- you said it right this time.
Thank you.
MR. MILLER: Thank you for spelling it phonetically for me.
MS. HINOJOSA: I was like, sounded like.
I'm actually here today because I'm going to be reading
something that someone asked me to present anonymously, and so I
said I would do that for her.
I am a Collier County resident who has a medical reason for not
wearing a mask. I choose to remain anonymous because, one, my
personal health and history is private; two, I have been subjected to
enough harassment to date.
The mask mandate has done nothing but add to the stress of an
already existing condition. I am constantly being harassed by other
citizens of the county. People now think they have the right to
ridicule, shame, call out others in front of entire store of people.
You are not protecting all citizens by requiring this mask
mandate. You have made it very difficult for people like me to live
October 22, 2020
Page 44
a normal life. It is not okay for citizens to think that they have a
right to traumatize other citizens. How are you protecting me?
There are handicapped laws in place to prevent these kinds of
behaviors. You all have thrown them out the window and left us
vulnerable.
Recently, the World Health Organization came with a study
which showed that people wearing masks got sick more often than
people who don't wear masks. And there are so many arguments on
either side that there is no way anyone can say a mask mandate is
necessary.
You are perpetuating more problems than helping anyone.
You're also supposed to be making decisions based on what's right
for all of the county population, not your personal political belief.
And I do have to say that I am very fortunate that I have not
been ridiculed or harassed by people when I go anywhere because I
tell them I don't have to wear a mask, I refuse to wear a mask. I am
a healthy person. And if I was at home with the flu, I would not be
asking my husband to wear a mask for me.
So, I'm going to conclude that. Thank you very much.
And, Bill McDaniel, I hope you get reelected.
Donna Fiala, congratulations.
MR. MILLER: Your next speaker is Gary Canino. He'll be
followed by Carolyn Bivans, Jane Smith, and then Christopher
Lewis.
Mr. Canino, are you with us online, sir? You may need to
unmute yourself. Mr. Canino, Gary Canino, are you with us, sir?
I'm going to give him one more shot here.
Mr. Canino, please check to make sure you're not muted.
All right. I'm going to move on, and we'll circle back and try to
call him again. Carolyn Bivans is your next speaker, followed by
Jane Smith, Christopher Lewis, and Judy Palay.
October 22, 2020
Page 45
MS. BIVANS: Good afternoon. Can you hear me?
CHAIRMAN SAUNDERS: Yes.
MS. BIVANS: Hi. My name is Carolyn Bivans. I'm a
resident here in Collier County, actually a new transplant from
Chicago, Illinois. I actually am a former health professional. I was
a registered dietitian, but that was not only a training that I had, I
actually have a degree in research biology, and I have some training
in epidemiology at a graduate level. So, I actually have quite a good
medical perspective on this matter.
I want to thank the fellow people here that have spoken in
opposition to the mandate because the facts that they presented
actually have been accurate. I don't want to go back. As you can
see, I've been taking notes furiously from pretty much everyone who
has spoken, and I wish I could actually answer some of what they
said.
But much of what has been presented, as far as the fact that the
masks have not had any correlation with the caseload of positivity for
COVID, is accurate. The masks have not shown to be preventive.
Furthermore, there really is no medical ground for wearing a device
to protect somebody else. We are responsible for our own health.
I want to remind people that the definition of contact for
possible contraction of the disease, you have to be in prolonged
contact with a symptomatic person.
And, second of all, prior to the -- this year, the definition of a
case was actually positivity of symptoms, and then that was
combined with a positive diagnostic test. For COVID, that has not
been the case. We've simply been going on the diagnostic test, of
which has been of questionable accuracy, with no symptoms at all.
So, we're dealing with an entirely different animal here. This is
not how the medical profession has operated in the past.
And I want to -- if you'd give me just a teeny bit extra time over
October 22, 2020
Page 46
the two minutes, I do want to tell a story that is very relevant to this
issue. We've all heard people compare this COVID-19 to the flu, the
Spanish flu of 1918, which was devastating. It killed millions of
people.
There is an interesting research study done in 2008, and the title
of it is Predominant Role of Bacterial Pneumonia as a Cause of Death
in Pandemic Influenza: Implications for Pandemic Influenza
Preparedness. This was published in the Journal of Infectious
Diseases, Volume 198, Issue 7, on the 1st of October of 2008.
And I actually did read through the whole study, and, yes, I do
understand it. And the -- I'll kind of give the ballpark summary. So
the pandemic flu of 1918 killed millions of people. And a research
group of doctors and specialists wanted to go back retrospectively
and see what happened.
And, apparently, there were tissues taken from the people that
had been deceased, and those tissues were stored. So these doctors
and researchers took the tissues and they -- they have literally stored
for almost a hundred years at the time. Took them and stained them,
went to microscopes, and they looked at them. And they found there
was no indicative evidence of death from influenza; it was actually
from bacterial infection. Moreover, it was not just bacterial
infection, it was from the bacteria that are normally found in every
human being's nasal and oral cavities. And they're normally benign
bacteria. So, the researchers actually looked at this and said, what
on earth --
CHAIRMAN SAUNDERS: You do need to wrap up.
MS. BIVANS: Okay. I'll -- I will finish in a minute. I'll be
very quick.
So, they looked at it, and they found that it was oral and nasal
bacteria. What they didn't fail to notice -- and, by the way, one of
the study researchers was Anthony Fauci -- was that mask mandate
October 22, 2020
Page 47
was common in 1918 as the only pandemic influenza, apart from this
in the last hundred years, that have mask mandates.
What do masks do? Moist, wet environment where bacteria can
grow. You're breathing in your own bacteria, and it's very
dangerous. Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: All right. Mr. Chairman, your next speaker is
Jane Smith, followed by Christopher Lewis, then Judy Palay, and
then William Tolp.
I do want to take a second real quick here. I have
troubleshot -- we had a couple people who couldn't connect. We
looked into that, if you -- you may need to update your version of
Zoom if you're having trouble connecting. I want to send that
warning out to the folks at home.
Jane Smith, are you with us, ma'am?
MS. SMITH: Yes, Mr. Chairman.
MR. MILLER: You have two minutes.
MS. SMITH: May I proceed?
MR. MILLER: Yes.
MS. SMITH: Thank you.
My name is Jane Smith. I've been an attorney for 40 years, I've
been a municipal judge, and I was elected to serve on a city council
in Jefferson City, Missouri.
Today I'm speaking to you as a mother. My oldest son
contracted -- contacted coronavirus attending his Bible study group in
Illinois. He was wearing a mask, half the people at the Bible study
group were not, due to the infringement on their individual rights.
Two weeks later, he was hospitalized. Two days later, he was
medevaced to Barnes Hospital in St. Louis, where he was on the ICU
COVID unit for three weeks.
COVID is not a joke. It is not a -- something inspired by the
October 22, 2020
Page 48
deep state. It is real. He has -- he had no underlying conditions.
He has had one leg amputated, and they're not sure now if they're
going to be able to save -- save his right foot. He's been on kidney
dialysis for three weeks, and he has heart arrhythmia.
I totally support the masking ordinance, and I ask the
commission and I ask the people in your audience to consider science
and to consider also empathy.
Thank you very much, Mr. Commissioner.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Christopher Lewis. He'll
be followed by Judy Palay, William Rob Tolp, and then Judit Price.
Mr. Lewis.
MR. LEWIS: Thank you very much for giving me the
opportunity to speak. My name is Christopher Lewis, and I'm a
medical researcher, and I work with over 25 physicians across the
country.
The thing I wanted to bring up today is this whole rumor about
asymptomatic spread, which is the entire foundation of the pro-mask
argument.
The World Health Organization actually claims that
asymptomatic spread does not occur. And the reason why they
initially thought it did occur is because the people only had very mild
symptoms. So, when the contact tracers went through the
information to begin with, they basically just said they didn't have
symptoms. But when the World Health Organization went back and
did more detailed contact tracing, they found that the people who
transmitted the disease did have symptoms, but they were actually
very mild.
So that takes away the entire argument for wearing a mask.
And you should only wear a mask when you're sick, because if you
don't have the virus, no, you can't spread it to anyone.
October 22, 2020
Page 49
Spread comes from when a virus sheds the body. And the only
time you're going to shed a virus is when you have symptoms,
because that's what your body is doing, is getting rid of the virus and,
therefore, you have symptoms because it's shedding.
In other words, you can't catch coronavirus from someone who
doesn't have at least mild symptoms. And the mask mandate gives
people the illusion that the mask works, and they leave the house
when they have these mild symptoms, and that's why you're seeing
this spread. If we would focus more on getting people to stay home
when they have the mildest of symptoms, we could limit the spread
much further.
That's all. Thank you.
MR. MILLER: Your next speaker is Judy Palay, followed by
William Rob Tolp, then Judit Price and then Debra Baldwin.
CHAIRMAN SAUNDERS: I think we're going to -- after the
next speaker, I think we need to take a --
MR. MILLER: Sure.
CHAIRMAN SAUNDERS: -- break for the court reporter.
MR. MILLER: Absolutely.
Miss Palay, are you with us online? Ma'am, you may need to
unmute yourself.
MS. PALAY: I am with you. Can you hear me?
MR. MILLER: Yes, ma'am. You have two minutes, please
begin.
MS. PALAY: Thank you.
It's hard to believe that we're back discussing the mask issue.
One does not have to show severe symptoms to be contagious.
So, a 30-year-old, who seems healthy, can share the disease
before he knows that he really has a bad case of it. How could I
protect myself if he is contagious?
Infectious disease experts agree the next four months are going
October 22, 2020
Page 50
to be the most dangerous, besides everyone getting inoculated with
the flu vaccine -- and, by the way, they are out of it in some of the
midwestern states -- the best antidote we have is mask wearing, then
social distancing, and hand washing.
The experts, the doctors who deal with epidemics and
pandemics are in total agreement. The flu bug and COVID are a
deadly combination, especially for seniors.
Our numbers have been going down. Why? Masks. All
school children, stores, and us as well, follow that directive, which
was simple. I wear a mask to protect you. Please show me the
same respect and wear a mask to protect me.
By sheer age alone, I'm in the high-risk category. I would like
to get to spend time with my children and grandchildren if we can get
through this safely.
Now is not the time to ease up on restrictions. We can do this
together for just a bit longer. We are not abrogating anyone's rights.
We are protecting everyone's. Please listen to the experts so that
more of us might live. Thank you.
CHAIRMAN SAUNDERS: Thank you.
Unless there's some objection, why don't we take a break until
4:40. That work for everybody? All right. We'll be in recess until
4:40.
(A recess was taken at 4:25 p.m. and resumed at 4:40 p.m.)
CHAIRMAN SAUNDERS: Please take your seats. We'll
reconvene the county commission meeting.
If you'd call the next speaker.
MR. MILLER: Absolutely, Mr. Chairman. Your next speaker
is William Rob Tolp. He would be followed by Judit Price, Debra
Baldwin, and then Judith Belmont.
MR. TOLP: Good afternoon, Commissioners. Thank you for
the opportunity to speak to you guys.
October 22, 2020
Page 51
My name is William Rob Tolp. I'm a first veteran from the
United States first Gulf War era. I also am currently on my second
year serving on the Collier Super -- Soil and Water Conservation
District Board, serving as chairman there, former chairman of the
Libertarian Party of Collier County.
I come at this not from the study aspect, but from a freedom
aspect. I studied the constitution my entire life. I took some prelaw
in undergrad and have a pretty -- grasp of that legal, although
there -- I understand that there are also differences of legal opinion
too. Plenty of that out there.
But your responsibility as a governing body, my responsibility
when I sit and serving in that capacity myself, I have to represent
every one of the constituents who placed me in that office, and I have
to allow the constitution to govern my actions. Not my political
leadings, not my libertarian ideology. It has to be the constitution
first.
And as a libertarian, we have a model that says the constitution
is to be followed all the time, every time, regardless of circumstances.
And the reason for this is that when you look at history, the amount
of freedom that we have possessed and possess today in this country
is, bar none, the most that any other people in the entire face of the
planet have ever possessed in all of human history.
And what we learned from history is that by incrementalism,
allowing, whether local, state, or federal governments, to start
passing little restrictions here, little restrictions there, and then those
restrictions never get lifted, or they get accepted as the norm, and
then the next generation allows even more encroachments on their
liberty, and the next generation more encroachments on their liberty.
What you are doing by these mask mandates -- your power
comes from the consent of the governed. And by a majority of the
folks that we are hearing here today, at least, you don't have our
October 22, 2020
Page 52
consent; therefore, you do not have the power to do so.
So, I would urge you let the ban expire, let herd immunity start
taking place. Thank you.
MR. MILLER: Your next speaker is Judit Price. She'll be
followed by Debra Baldwin, Judith Belmont, and Fay Greystone.
Miss Price, you may need to unmute yourself. Are you with us,
ma'am? Judit Price, Miss Price, are you with us, ma'am?
I'd like to give her one more minute here.
Miss Price, you may need to unmute your microphone.
All right. Let's move on to your next speaker here in the room.
That is Debra Baldwin, followed by Judith Belmont, Fay Greystone,
and then Karen Conrad.
Ma'am, you can use this podium over here while that one's being
cleaned.
MS. BALDWIN: Good afternoon, Commissioners. This is
Debbie Baldwin. Thanks for your service. I appreciate it.
Well -- while I respect your position, I totally oppose the mask
mandate that you have put in place. There's no federal mask
mandate or state mask mandate, yet you continue to push this
draconian measure in place. This is in direct opposition to
our -- Governor DeSantis' statement to release all restrictions that
were in place.
The CDC has on their website that of the thousands of
death -- deaths, there is only documentation of 6 percent being only
COVID, which is slightly over 9,000. The rest consists of at least
2.6 other existing conditions.
The government now has stats to confirm the various age
survival rates for COVID. Every single age group has a survival rate
of at least 99 percent, except for 70 above, which is close to
95 percent.
The study of COVID cases the CDC -- I'm going to forego that
October 22, 2020
Page 53
because that was said before. But one point is if these proponents of
mask mandates believe that the masks work, then why do they
not -- they don't have to worry about who isn't wearing one.
Have you conducted studies to validate wearing masks to say
that they work? Then why the mask mandates. The virus size is
0.125 which, by the way, is smaller than a hair. With that
understanding, do you really think that China masks or other generic
masks will prevent the virus from coming in or going out?
We will put our money where our mouth is. For the stores
which require a mask, I am -- and I am allowed to not wear one, I
will continue to shop in the city. For the stores that are hardnosed
about it, I know that this family will not comply, and we will stop
spending money in this city.
Know this, we will remember you come voting time if you
continue to mandate these senseless measures. We are the silent
majority, but we are silent no longer, and we speak even louder with
our actions. We will remember what you are doing, and we won't
forget in 2022.
MR. MILLER: Your next -- we're going to try Judit Price
again and then Fay Greystone.
MS. PRICE: Yes, I'm here.
MR. MILLER: Miss Price, one moment.
MS. PRICE: I am here.
MR. MILLER: One moment.
After Miss Price will be Fay Greystone, then Judith Belmont,
and then Alfie Oakes.
Miss Price, you have two minutes, please begin.
MS. PRICE: Okay. I'm sorry I didn't unmute before, but
thank you for listening to me, and thank you for all work you've
done.
I cannot believe that this is the third time I am actually speaking
October 22, 2020
Page 54
for the mask mandate. It should be a nonissue. Why are people
fighting it? I don't understand it. All the scientists, medical people
say it saves lives. Our numbers were dropping, now it's back again.
Why are people so selfish that they don't want to accept it? It is
shameful that there are people in our community looking at it as a
political issue. It's a health issue; it saves our community.
If we had better leadership on the top, we wouldn't be in this
situation. Our supposed leaders are not leaders; they are self-serving
and negligent. But you know what? They will never admit it, but
they are grateful to us who wear masks because they know that we
are -- our mask wearing saves their lives and their loved ones.
Please, please extend the mask mandate at least until we have
the vaccine available. It just is a disaster what's happening, and they
don't want to accept it. I don't understand people.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Fay Greystone, followed
by Judith Belmont, Alfie Oakes, and then Karen Conrath.
Yes, this here is fine, ma'am. Thank you.
MS. GREYSTONE: My name is Fay Greystone, Chinese
redneck. People call me Chop-Chop.
Okay. I work for people. I'm a housekeeper. Okay.
Summertime, okay, the clothes closet, have you noticed that -- one
lady, she don't want to spend money, so put 80 degree. Okay. So
when I get in one time, all the clothes got mold. Here, shoulder get
mold, shoes special -- special leather shoes get mold. Slimy the
feeling. God, you tell me how long to take a clean.
Okay. And then a house at 77, so same thing. Okay.
Because of the moisture, warm, and it -- now coming to, when you
wear mask, look -- I wear glass, pretty soon I -- my -- I couldn't see
much stuff. That's the moisture in the -- in the clothes closet,
multiply very fast, mold multiply very fast.
October 22, 2020
Page 55
If I wear mask, okay, moisture plus warm, all this bacteria grow
very fast. Okay. Multiply. Okay. People breathing O2, breathe
out CO2. Okay. With the mask, you breathe in your own CO2 all
the time. Okay? Okay. Least when your pH -- your blood pH, no
balance, affect your lung, your heart, and your mental, your brain.
Okay. I don't have kids. Okay -- sorry. I don't have kids,
okay, but -- but for them, last time we went to COVID -- okay. Fast
food. I saw the kids playing that -- all the time they are leaving,
mama, "Put on a mask." You can see the eye, they change right
away. Okay. For the mental -- okay. I fighting for the kids.
Okay? I have no kids, I fight for kids. Hope you think about that.
Oh, very fast, my -- my -- my friend, her name's Princess. Her
mother in -- living with them, take care of her kids. Two to -- one is
eight -- one is 12, one is eight. The end of May, godmother got a
positive COVID, everybody nervous. Okay. So, the daughter say
stay him to the motel. My girlfriend say, "Nonsense. I will take
care of that."
Okay. Guess what? Ten days later, negative. I said, "What
the symptoms?" She said, "Nothing. Just breathe hard and the oh,
so tired." Okay. And she's asthma --
CHAIRMAN SAUNDERS: We need you to wrap up, if you
would, please.
MS. GREYSTONE: Okay. Very fast. Okay. So --
CHAIRMAN SAUNDERS: You already said that once.
MS. GREYSTONE: Yes, sir, your majesty.
Okay. That's it. That's why I coming for, I fighting for the
kids. Okay? I for no kids, for me doesn't matter, but for them they
cannot speak. Okay. Thank you, thank you, everybody.
And, McDaniel, my husband love you. Me too. Thank you.
MR. MILLER: Your next speaker is Judith Belmont. She'll be
followed by Alfie Oakes, Karen Conrad, and then John Melton.
October 22, 2020
Page 56
Miss Belmont, are you online with us? You may need to
unmute your microphone. Judith Belmont, are you with us, ma'am?
I'll check with you one more time, miss Belmont. Are you there
with us?
CHAIRMAN SAUNDERS: Just circle back to her.
MS. BELMONT: Yes. Okay. No, I -- I didn't know how to
unmute myself. Yes, I am here.
MR. MILLER: Thank you, ma'am. You have two minutes.
MS. BELMONT: Okay. Thank you for revisiting the
ordinance. As citizens, we all have the responsibility to not
endanger the health of others. All the non-maskers at the hearing
today, including the two commissioners, are being reckless with the
health and safety of those around them.
It is interesting that they talk about personal freedom. Well,
they have made me less free. For example, I would've loved to go to
the hearing in person today to speak, but I was afraid for my health
because I knew I would be surrounded by the -- by the non-maskers,
and potentially a virus that could make me sick or maybe have me
pass it on to others.
They seem to think that this whole pandemic is exaggerated or
unreal, and I -- it just boggles my mind. How many people have to
die before they believe it? It's amazing that some of them said,
"Well, I don't know anybody who's sick." What does that matter? I
believe the statistics. I personally know people who have been on
ventilators. I know two people and a couple people who have died.
But regardless of that, does it matter? I mean, don't you believe
that they -- the news? 1 to 2 percent of the population is a lot of
people in the country. Hundreds of thousands to millions could
contract this before we have safety measures in place.
The statistics are not made up. And what really angers me is
that if they get sick, they will be the first ones to go to the doctor's
October 22, 2020
Page 57
office or the hospital, and they will take up precious resources from
others that are playing the game -- being -- playing it a lot more safe.
We are getting people from up north, and we have -- will have
an increasing incidents of COVID probably from that.
And I want to conclude to -- with this statement. I'm glad a few
of the anti-maskers said they would not go into businesses that
require a mask. I am just the opposite. I avoid places that don't
have a mask mandate.
And I really am fed up with people who, like in Trader Joe's,
they take off their mask, and then they say they have a preexisting
condition, so, you know, no one can ask them. And the people that I
saw without the mask were endangering the lives of frail people
around them --
CHAIRMAN SAUNDERS: We need you to --
MS. BELMONT: -- and this is unforgivable.
CHAIRMAN SAUNDERS: We need you to wrap up, please.
MS. BELMONT: Okay. I did.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Thank you.
Your next speaker is Alfie Oakes, followed by Karen Conrath,
John Melton, and then Mary Flood.
Mr. Oakes, you have two minutes.
MR. OAKES: Yeah. The last speaker there is a perfect
example of someone that is staying at home watching the news too
much. It's all -- you know, I feel so sorry for those kind of people,
and I'm very thankful that our founding fathers weren't scared little
people like that. It's disgusting.
CHAIRMAN SAUNDERS: Let's try to keep the comments not
personal to our other speakers.
MR. OAKES: This is personal to me, so --
CHAIRMAN SAUNDERS: No. I'm --
October 22, 2020
Page 58
MR. OAKES: Yeah.
CHAIRMAN SAUNDERS: What I'm saying is --
MR. OAKES: Okay. I hear you.
CHAIRMAN SAUNDERS: -- other speakers -- you don't need
to criticize other speakers.
MR. OAKES: Take an extra minute so --
CHAIRMAN SAUNDERS: You can criticize us.
MR. OAKES: Yeah. Well --
CHAIRMAN SAUNDERS: We're used to it.
MR. OAKES: I want to actually thank all you. I
want -- actually, I want to thank Solis and Saunders and Penny
Taylor for the extra six or seven millions dollars worth of business
that you've given us at the store. Because everyone is coming there,
it's cram packed with people, and my bank account thanks you.
But I also want to thank Donna Fiala and Bill McDaniel for
being true patriots and standing up for our country. I had -- I had
Gina Tomlinson from WINK News was at my store last night doing
an interview, and she said, "Why are you against the mask mandate?
You're benefiting more off this than anyone else out there." And I
said, "You're right, but I'm not here for myself. I'm here to protect
the constitution. I'm here to try to protect things for the children that
are -- that come down from" -- this is not about health.
These people from the health department, these paid actors, and
most of these people that called in that aren't even from here, it's a
total political event. Wearing the mask is nothing more than virtue
signaling. It's like wearing the swastika. It's like, okay, I conform.
And that's what you guys -- and I don't know if you're -- if
you're really that ignorant that you can't see what's going on, that you
cannot see that very few people in this county have died from
COVID-19, and you're putting all this pain on all these other
businesses that, unfortunately, are too afraid not to -- not to stand up.
October 22, 2020
Page 59
And I'm going to take a little bit of extra time here. I'm going
to tell you that I have never worn a mask. Most of the people in my
store have never, ever worn a mask. For seven, eight months,
thousands of people a day, I'm kissing them, I'm hugging them,
we -- there's no social distancing, and nobody's getting sick.
There's -- the lying liberals make rumors that, oh, Seed to Table
is a COVID safe -- place for COVID. There's nobody -- I've had 14
employees total, from the beginning, that had any type of illness. I
sent them to a doctor, they gave them hydroxychloroquine with zinc
and a couple -- and -- intravenously, with some vitamins, and they're
back to work two days later. And these guys don't want to tell you
that.
The -- all the frontline doctors that come out and
they -- they -- they -- because they put their lives on the line to tell
you how great the hydroxychloroquine works, and they're -- they lose
their jobs.
You can't see what's going on? You cannot see that the
government is suppressing this? Why -- why, in the first time in
our -- in our country are we looking at this illness in such a different
way? Like -- like the woman said over there, why -- in the flu, we
never -- we never took asymptomatic people and counted them as
cases.
COMMISSIONER SOLIS: Out of fairness to the rest of the
speakers, I think Mr. Oakes has had his time.
MR. OAKES: Don't let me make a good point. Right.
CHAIRMAN SAUNDERS: If you -- I appreciate your
comment.
Take another minute or two, and then we'll move on.
MR. OAKES: Okay. Why -- why all of a sudden are we -- is
the government looking at this illness as so much different? Why
are we looking at these cases as being -- where we count
October 22, 2020
Page 60
asymptomatic people? Why do we count all the people that died of
all these other illnesses?
When we look at the amount of people that have died in the first
ten months of this year of 2020, there's barely anymore people than
died in 2019 and 2018. It's a sham. You guys should be smart
enough to understand that.
CHAIRMAN SAUNDERS: Just take one more minute, if you
would, Mr. Oakes.
MR. OAKES: I just --
CHAIRMAN SAUNDERS: Unless you're finished.
MR. OAKES: I'm very -- it's very personal to me. And I
would like -- I wanted to come here and tell you guys if you
don't -- if you don't continue the mask mandate, that I will drop the
lawsuit. Because, procedurally, your lawyers know that you've
messed up here, and we're going to come after you for the damages.
At least -- at least a minimum of our attorney fees, which is 20 some
thousand dollars.
So, you have an opportunity right now to not have to pay
additional attorney fees to fight against us, and then also you have an
opportunity that I will drop it. If you drop it today, I will drop the
extra $20,000 that you're going to have to give us for a lawsuit.
CHAIRMAN SAUNDERS: All right. Thank you, sir.
MR. OAKES: I'd like the public to know that you have -- you
have ability to do that right now.
CHAIRMAN SAUNDERS: All right. Thank you.
MR. MILLER: Your next speaker is Karen Conrath. She'll be
followed by John Melton, Mary Flood, and then Dan Cook.
Miss Conrath, are you with us, ma'am?
MS. CONRATH: I am. Can you hear me?
MR. MILLER: Yes, ma'am. You have two minutes, please
begin.
October 22, 2020
Page 61
MS. CONRATH: Thank you to Commissioner Solis, Taylor,
and Saunders for continuing your conversation in this current
environment.
As a writer, I'd like to speak using some imagery so people who
are open to this sort of thinking can take a few minutes and imagine a
shiny coin, maybe a silver dollar, that some people might call their
lucky dollar. Now let's think about how that coin can affect the
Super Bowl.
So, the Super Bowl begins with a flip of that coin. And, as we
know, heads or tails determine which team will get the ball first. It's
dependent simply upon how the coin falls, and it's just a game of
chance.
So, in a way, the choice of wearing a mask or not is a coin flip
and hoping that the results will be what you hope will happen.
Heads you wear a mask, tails you do not.
So, the coin is flipped, and it comes out heads, and what does
that mean? It means you're betting on science and the views of
educating people who affirm that wearing a mask will protect others.
Yet same -- I'm sorry. Some of those people we've heard today
say it's not their responsibility to protect others. Why should they?
Other people should not have to protect them. That's pretty harsh,
and I'm thankful that those are not the friends or people that I turn to
in an emergency, because my needs would mean nothing.
Continuing on that, with that analogy of the coin representing a
mask, let's say that your sister chooses not to wear a mask and then
takes your child to school. Your sister has COVID but does not
know it because she would never knowingly put your family in
danger.
If she's not wearing that mask, your child has a much more
likely chance to catch COVID. The outcome is potential for
sickness and death and is spread from person to person through
October 22, 2020
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particles and air.
You are making a definitive bet that she will give your child
COVID-19. And like the brave female judge who spoke, whose son
was stricken with the virus, she is now in dire straights, as is her son.
So when you stand next to someone at the grocery store,
someone who's picking the red delicious apples, the ripe tomatoes,
the brown toasted almonds, and that person is not wearing a mask,
let's hope that the shopper standing next to your child is not infected.
But don't worry because it's not that shopper's responsibility to
protect you or your child. Why should he? Are you not being
responsible for that person either?
And, finally, where does the biblical dictate love your neighbor
as you love yourself come into this scenario when people say they
owe nothing to their neighbors? Mr. Oakes and some of the other
people --
CHAIRMAN SAUNDERS: We do need you to wrap up, if you
would.
MS. CONRATH: I will.
Nothing to give them in the way of love or care. Please
remember that silver coin when you determine --
MR. MILLER: I guess we lost her, sir. I'm sorry.
Your next speaker is John Melton, followed by Mary Flood, Dan
Cook, and then Maureen Murphy.
MR. MELTON: Good afternoon. Here we are again.
Just wanted to ask Penny, what's the threshold? Because we've
had a lot of people talk, come up here and, you know, speak at you,
like to hear from you. What's the threshold that you see that this
stops? What does it have to be?
CHAIRMAN SAUNDERS: When we get into
a -- Commissioner Taylor wants to answer.
MR. MELTON: I would like to know, sir.
October 22, 2020
Page 63
CHAIRMAN SAUNDERS: I understand. If Commissioner
Taylor would like to answer the question, that's fine, but we -- she
can answer that question when we get into the discussion, which will
conclude after -- which will start after the conclusion of the public
comment.
So, you've got two minutes. We'll start the clock over again.
If Commissioner Taylor -- when you're finished, if she wants to
answer that question, that's fine. If not, we'll move on to the next
speaker.
MR. MELTON: I ask it for all of you, actually. I mean, what
have you guys done? What homework have you done on this, other
than sit here and listen to people and make decisions? But what
have you done? Have you gone out in the community? Have you
guys done any studies? Do you know if these masks work? Do you
have a definitive data that says that they absolutely do work? Where
do you get your data? I mean, are you just making decisions
arbitrarily based on feeling, or what is it?
Because, I mean, when -- when does this -- I mean,
we're -- we're in less 10 percent right now. The numbers are going
down, absolutely. And people can say it's mask or -- I don't -- I
personally don't believe that. I personally believe that this is a
chicken shit virus, and that it's been blown out of total proportion.
And that at 99.7 percent death rate -- how many people die of
influenza every day, guys?
I mean, you've got to have some sensibility here and think
about -- I mean, you're causing a hornet's nest in the community.
You're dividing people. I mean, when does this -- I mean, at what
point -- where is the threshold that it ends? That's what I'd like to
know.
And I won't get that answer today, but I think you do owe that,
because you guys have never come forward and said that. Ever.
October 22, 2020
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You have never said that to anybody. You just continue to -- I've
got 29 seconds. You continue to just make decisions, but
when -- where does it stop? That's all I'd ask, where does it stop?
When do you say, okay, guys, for the community, this is when
we'll stop this? But you're not getting that. You already said
10 percent about two -- two meetings ago that that was going to
happen, and you didn't do it.
So, I'm sorry, but this is getting out of hand. You guys need to
make some decisions and do right by your constituents and give them
some answers. Thank you.
MR. MILLER: Your next speaker -- your next speaker is Mary
Flood. She will be followed by Dan Cook, Maureen Murphy, and
Hope Crolius.
Miss Flood, are you with us online? You may need to unmute.
Mary Flood? If you're with us, check your mute. Try one more
time. Mary Flood, are you with us, ma'am?
All right then, we'll circle back. Dan Cook will be followed by
Maureen Murphy and then Hope Crolius.
Mr. Cook, you have two minutes.
MR. COOK: Good afternoon. So, when did freedom become
such a hard concept for this board to understand? I mean, look how
divisive this mask issue is becoming for us.
I wonder, why are you so hell bent to cover my smile? Why do
you ignore the psychological damage that your actions have on the
community? Why do you continue to govern without the consent of
the governed? Why do you put someone else's health above my
health?
I can't seem to understand your reasoning for even considering
the extension of this attempt to control me. Because that's how I see
it, I see this as control, compliance and obedience.
Let me just state for the record that I would rather die on my feet
October 22, 2020
Page 65
than to live on my knees. And I do take this mask mandate very
personally, Mr. Chairman. I mean, I wonder, are you willing to get
off your pedestal and physically put a mask on me? Is that what this
has come down to? I didn't think so. Because that would be
assault, and I would press charges on you if you did do that.
So, I wonder why you're trying to force a mask on me by putting
pressure on businesses. I feel like you're trying to marginalize
people like myself who do not want to wear a mask.
So, I'll just end with this, Mr. Chairman. I believe that you've
already ignored numerous petitions by the people. You've already
shown a willingness to disregard my health concerns regarding the
masks, and you've shown a disregard for my rights. So, I assume
that your decision is already made up, and therefore I would like to
make a freedom of information request for all commissioners' oath of
office in writing, if I can request that, Mr. Chairman.
CHAIRMAN SAUNDERS: Mr. Klatzkow, that's a legitimate
request for public records, but I'm not sure if we have those or if the
supervisor of elections.
MR. OCHS: I believe the state has those.
CHAIRMAN SAUNDERS: All right. Why don't we collect
those and get those to the speaker.
Generally, we don't collect public records from other political
bodies, but we'll make an exception to get the oaths of office. And if
you'll leave your email address, we'll try to get you those.
MR. COOK: Okay. Thank you.
MR. MILLER: Your next speaker is Maureen Murphy,
followed by Hope Crolius, Paul Kardon, and Robert Chas.
Miss Murphy, are you with us online, ma'am? You may need
to unmute yourself.
MS. MURPHY: Yes, I am.
MR. MILLER: All right, Miss Murphy. You have two
October 22, 2020
Page 66
minutes, please go ahead.
MS. MURPHY: Thank you.
Hello commissioners and everyone. My name is Maureen
Murphy, and I've been a Collier County resident and voter for 33
years. Thank you for this opportunity to speak.
I'll be quoting from two articles regarding mask usage. I sent
the entire articles, plus three more, to the commissioners in advance
of the meeting, and I hope you read them, as there's much more
information in them than I have time to share. I hope you'll also
enter those into the public record.
I recommend that you allow this freedom-robbing mask mandate
to expire. People who want to wear a mask may do so, but I ask you
to quit trying to force the rest of us -- the rest of us to wear them.
The first article is entitled masks are neither effective nor safe.
And it's called A Summary of the Science, written by Citizens for
Free Speech. In it -- I'll just quote a few lines. This is a review of
peer reviewed medical literature.
And it says: The purpose of this paper is to examine data
regarding the effectiveness of face masks, as well as safety data, and
when answering the question are masks effective at preventing
transmission of respiratory pathogens.
The article goes on to list five meta-analysis studies, concluding,
quote, none of the studies established a conclusive relationship
between mask use and protection against influenza infection, end
quote.
The second article, The WHO Admits no Direct Evidence that
Masks Prevent Viral Infection. This was in August of 2020, and it
was quoted by -- written by Dr. Joseph Mercola. And I quote,
according to the World Health Organization's June 5th, 2020
guidance on face mask usage, there's no direct evidence that universal
masking of healthy people is an effective intervention against
October 22, 2020
Page 67
respiratory illnesses. In addition, a policy review paper published by
the CDC's Journal, Emerging Infectious Diseases, found that masks
do not protect against influenza in nonhealth care settings.
They then go on to outline harms and risk of mask wearing. In
conclusion, clearly most people are being bombarded with
mainstream media propaganda that seeks to convince you that masks
are necessary to prevent the spread of COVID-19. So, it is entirely
understandable that you would want everyone to wear a mask
because you believe that they will save lives. However, if you
carefully evaluate the evidence, it is likely you will conclude that this
recommendation has nothing to do with decreasing the spread of
virus.
CHAIRMAN SAUNDERS: We need you to wrap up.
MS. MURPHY: Most --
CHAIRMAN SAUNDERS: We need you to wrap up, if you
would.
MS. MURPHY: Okay. I will.
Most people wear masks in public regardless of the mandates,
but it is entirely irresponsible and unethical for governments to
mandate such a practice to anyone.
In conclusion, I request that you end this mask mandate in
Collier County immediately. Thank you.
MR. MILLER: Your next speaker is Hope Crolius. We're
then going to circle back to Mary Flood and then Paul Kardon and
then Robert Chas.
Miss Crolius, I hope I'm saying your name right. no.
MS. CROLIUS: You pronounced it perfectly.
Thank you, Mr. Chairman.
I'm from Massachusetts. I just got here about a week ago.
And I came -- considering a life change, and of all the places where I
was considering moving, I knew that my priority was a place where
October 22, 2020
Page 68
my freedoms as an American would be respected. And not only
respected but protected.
And I have a friend who lives down here, and she began to send
me pictures of Mr. Oakes and these meetings. And after sorting
through where I would come for an extended stay and possible
relocation, I came here because of the decision to -- by your
governor, but also Naples had decided to not enforce this ridiculous
face diaper that you see everywhere up north.
I will tell you, if you want to come and see what it feels like to
live in a restrictive place, where your constitutional rights are
completely overridden, come to Massachusetts, and it's very
different.
I got -- I arrived here, the first place I wanted to go, of course,
was Seed to Table, and I cried when I came out of that store. I took
a little bit of video, make sure I didn't get people's faces too close up,
but sent it to my friends in Massachusetts, and they were saying we're
crying.
It's really, really bad. And that's what is going -- it's happening
all over the country. You stand head and shoulders -- or Naples
does, as a national reputation for being a place for freedom, and there
are many of us for whom that is a priority.
I just want to -- I guess time pretty soon, but I just want to point
out that George Washington and the people who fought for our
freedoms and our American Revolution fought it during a smallpox
epidemic.
We need to take the immune system that the good Lord gave us
and try to do what we can to strengthen that for Americans
everywhere and not rely on bandaids like the mask and a reliance on
pharmaceuticals. Thank you for letting me come here. Thanks.
MR. MILLER: Mr. Chairman, that was our last in-person
speaker. The rest of our speakers are online. We're going to circle
October 22, 2020
Page 69
back and try Mary Flood, then Paul Kardon, and then Robert Chas.
Miss Flood, are you with us, ma'am?
MS. FLOOD: Yes. Can you hear me?
MR. MILLER: Absolutely, ma'am. You have two minutes,
please begin.
MS. FLOOD: Okay. Great.
America, home of the free because of the brave. People died
for our freedoms. So here we sit, we have the COVID virus going
around, flu virus going around, all these other illnesses, all these
other viruses. It still comes down to the person's health, the person's
well-being.
The person that knows that their system has diseases or they're
sick or they're not feeling well, well, then they need to stay home.
As others travel about and do their daily things, it should be their
choice if they want a mask or not.
Nobody knows what it's like to work eight hours, seven hours,
six hours in a mask in a restaurant. People -- you're stifling people's
freedoms because of the scare -- of the media scaring people
continuously. So, the more we scare people, the more we don't get
the proper information about how masks do not work because, boy,
we never hear that. We never hear anything about do the masks
really work; everyone just says it does.
So, for me, this is about freedom. This is about our rights as
Americans. This is about our brothers and sisters that have died in
wars for our freedoms. And we should be able to express it any way
we want to. It's not about, oh, I'm worried about my neighbor or
human kindness. No, this is about living your life. And if you are
sick, you stay home. If you have an illness, then have somebody
else go shopping for you. So just like if you had the flu, you don't
go around other people.
I'm not saying good things didn't come out of COVID, as if
October 22, 2020
Page 70
you're sick, stay home from work, I think that's great, people should
be doing that. So, it comes down to the person's wellness, taking
care of themself, eating right.
And I do thank Alfie Oakes for saying all the things that
everybody else just wants to say. That's all I got. Home of the free
because of the brain.
MR. MILLER: Your next speaker is Paul Kardon, followed by
Robert Chas, Robert Sanchez, and Suzanne Cherney.
Mr. Kardon, are you with us, sir? You may have to unmute.
Paul Kardon? Mr. Kardon, please check your mute. Are you with
us, sir?
He is not there, I am told. So, we're going to go on to Robert
Chas, then Robert Sanchez.
Mr. Robert Chas, are you with us, sir? Okay. He has left too.
I'm getting messages when people drop off online here.
Let's go with Suzanne Cherney. Are you with us,
Miss Cherney? All right.
MS. CHERNEY: Hi. Can you hear me now?
MR. MILLER: Yes, Miss Cherney. You have two minutes,
please begin.
MS. CHERNEY: Thank you. I retired to Naples 12 years ago.
For 30 years I worked closely with epidemiologists and I coauthored
publications with them at the World Health Organizations. So, I
want to point out just some serious bloopers I heard today.
First, a speaker misrepresented WHO's views on who can spread
the virus. I want to just read from the WHO scientific brief of
July 9th on transmission and precautions.
Quote, in brief, evidence suggests that SARS RNA can be
detected in people one to three days before their symptom onset.
Given that infected people without symptoms can transmit the virus,
it is prudent to encourage the use of fabric face masks in public
October 22, 2020
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places where there is community transmission, end quote.
Second, two speakers totally misrepresented the data point from
a recent CDC study that 74 percent of the infected people in the study
had worn a mask. Don't people yet understand that the primary
purpose of masks isn't self protection? It's to prevent the wearer
from spreading the virus to others.
The CDC study actually found that people who were infected
tended to have been eating out a lot more at restaurants, which is of
course something that people do without masks.
Finally, we even heard that we should be encouraging
transmission and striving for herd immunity. I hope that everyone
understands that this is a very fringe view, not shared by the vast
majority of the scientific community.
The only safe way to get to herd immunity is with a vaccine, not
by letting transmission rip, which will result in not just more deaths
but in many more people getting sick, in many cases severely and
long-term. It's misleading to just look at the death rate.
In conclusion, I commend the members of the commission who
want to continue the mask mandate. It needs to be extended. We're
going into the winter, and things are going to get a lot worse before
they get better. Thank you.
MR. MILLER: Mr. Chairman, we're going to go back and try
Robert Sanchez. And then after Mr. Sanchez, will be William
Norgard and Deb Cruise.
Mr. Sanchez, are you with us, sir? Robert Sanchez, are you
with us, sir?
MR. SANCHEZ: Yes. Can you hear me?
MR. MILLER: Yes, sir. Please begin. You have two
minutes.
MR. SANCHEZ: All right. Thank you.
I also am a resident of Collier County. I live here in Pelican
October 22, 2020
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Bay, and I'm a retired naval officer, among other things. I served in
a number of capacities. I (inaudible) teach me a lesson that, you
know, you -- you have a responsibility for your -- your fellow
combatants. You have -- you have people that -- whose lives, in
many cases, are really dependent on your wisdom and your -- your
judicious use of resources.
And -- and, you know, the idea of a mask, it really does make
sense to me because it -- if it -- it were not to (inaudible) to effect
the -- the COVID incurring, it would -- it would at least protect the
person that is a victim of it from my having it. I don't know whether
I'm symptomatic or not. I have not been tested, but I don't want to
take a chance on infecting somebody just because I'm unwilling to
observe common sense precaution.
I really truly believe that we should continue the -- the mask
mandate. I don't know how long it would be continued -- continued
for. I would ask that of you. And I don't know what enforcement
methods would be available to -- to see that people who do use
the -- the mask, but I would ask that they have a -- a life time to
(inaudible) and give the individual an opportunity to use common
sense and use judgment in protecting himself and his -- his neighbor,
his family, those with whom he comes in contact.
Tell me, if you know, how long a mandate would continue if it
were to be kept in place, and if there would be any enforcement
methods or suggested procedures to enforce the use of the mandate.
Thank you.
MR. MILLER: Your next speaker is William Norgard,
followed by Deb Cruise, Gene Goldenziel, and Chadwin Taylor.
Mr. Norgard, are you with us online, sir? You may need to
unmute yourself.
MR. NORGARD: Yes, sir. Can you hear me?
MR. MILLER: Yes, we can, sir. Please begin.
October 22, 2020
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MR. NORGARD: First I want to say it's an honor to follow a
fellow military officer who's also had responsibility from men in the
field and (inaudible).
Here we go again. We're again hearing from all the same
constitutional scholars that never passed the bar exam. Former
members of the military who considered boot camp on Paris Island
constructive credit for a constitutional law class taught an AVA
accredited law school. Something, as a former military officer and
attorney, I find particularly irksome.
Here we are again, listening to members of the body politics
espouse the virtue of conservative scientists versus liberal ones, when
any freshman undergraduate in the country could tell you that science
is general a binary affair.
Here we are again, continuing to willfully disregard the fact that
masks are mandated across the country to prevent one spreading the
virus, not to protect the one wearing the mask.
Here we are again, drawing illogical comparisons between
airplane crashes, heart attacks, and cancer cases in 2019 versus
COVID deaths in 2020.
Here we are again, missing the most important thing for Collier
County, revenue. Snowbirds won't come to spend money, long-term
renters from Europe won't dare step foot in Florida. Rent prices are
at least half of what they would normally be.
Here we are again, where we are essentially making the
argument that we are really free. What we're really free from is
giving a damn about our fellow citizens. I conclude.
MR. MILLER: Your next speaker is Deb Cruise, followed by
Gene Goldenziel, Chadwin Taylor, and James Kelly.
Miss Cruise, are you with us, ma'am?
MS. CRUISE: Yes, I am.
MR. MILLER: You have two minutes, ma'am, please begin.
October 22, 2020
Page 74
MS. CRUISE: Thank you.
Please continue the mask mandate. The mask mandate is
exactly what will keep businesses open and successful.
Without masks, as illness increases in severity and hospitals
become overwhelmed, businesses will have to close completely in
order to manage the illness. We can avoid that and keep businesses
and the economy rolling through continuing to require masks. A
mask mandate is exactly what will keep businesses open and thriving.
Thank you.
MR. MILLER: Your next speaker is Gene Goldenziel,
followed by Chadwin Taylor and then James Kelly.
Gene Goldenziel, are you with us, sir? You may need to
unmute yourself. Mr. Goldenziel, are you with us, sir?
I'm going to try him one more time, Mr. Chairman.
Mr. Goldenziel, you may need to unmute your computer or your
smart device. Are you with us, sir?
MR. GOLDENZIEL: Yes. Could you -- could you hear me,
sir?
MR. MILLER: I can hear you now, sir. You have two
minutes, please begin.
MR. GOLDENZIEL: Thank you.
I ask the commissioners to continue the mask mandate. I
recognize that will not convince those who do not believe that masks
reduce the probability of COVID-19.
The purpose of government is to protect the public welfare. I
ask the commissioners to restrict my liberty by continuing the mask
mandate. It's a small price to pay to protect your health and the
health of my neighbors. Thank you.
MR. MILLER: Your next speaker is Chadwin Taylor, and he
will be followed by James Kelly.
Mr. Taylor, are you with us, sir? Chadwin Taylor? You may
October 22, 2020
Page 75
have to unmute yourself, sir. Are you with us?
I'm going to give him one more attempt.
Chadwin Taylor, are you with us, sir? Can you hear me?
All right. I'm going to move on and try James Kelly. James
Kelly, are you with us, sir? You may need to unmute yourself.
Mr. James Kelly? James Kelly?
All right. Mr. Chairman, at this point I've lost my internal
communication with my Zoom people. I don't have any more names
at this moment. I'm -- they're hearing me right now, so hopefully
they'll feed me some more.
MR. KLUCKHUHN: Hello? Can you hear me?
MR. MILLER: Is this Mr. Taylor or Mr. Kelly?
MR. KLUCKHUHN: Neither. But you requested me to
unmute on this machine a couple of times.
UNIDENTIFIED SPEAKER: Hello?
MR. KLUCKHUHN: This is a -- this is Gary Kluckhuhn.
You want me to mute again until you --
MR. MILLER: No.
MR. KLUCKHUHN: -- get one --
MR. MILLER: Gary, please go ahead, sir. Could you say
your last name again for me?
MR. KLUCKHUHN: Kluckhuhn.
UNIDENTIFIED SPEAKER: Sorry.
MR. KLUCKHUHN: Gary Kluckhuhn.
MR. MILLER: All right. Mr. Kluckhuhn, please --
UNIDENTIFIED SPEAKER: Calling in to speak.
MR. MILLER: Please go ahead.
And, Mr. Taylor, would you please wait for Mr. Kluckhuhn,
please?
UNIDENTIFIED SPEAKER: Hold on one second.
MR. KLUCKHUHN: Okay. You know, you guys got a tough
October 22, 2020
Page 76
one here, but we've been living with this thing and the differing
opinions on it and positions. If you were to leave it to whereby if a
business or individuals chose to go where the mask was required and
for patrons if you wanted to go into a store where it was required and
only those stores go there and if a place doesn't want to have it and
you choose to go there, that's your choice too.
Our freedoms are important. The protection from the virus is
important, but our free will is the number one thing we need to work
with. And we could do it very, very respectfully, as we have been
doing it. When I go to ABC, I put my mask on. When I go to
Oakes, I don't worry about it. And I haven't gotten it yet.
I'm at high risk, but the freedom of having to wear a mask -- I
feel sorry for the people that have to wear it, I respect the ones that
consider it essential, and I wouldn't want to call somebody to be
uncomfortable because I'm not wearing it. Thank you.
MR. MILLER: All right. I do believe we have Mr. Chadwin
Taylor. Mr. Taylor, if you will unmute again, we are ready for you
at this time.
He will be followed by James Kelly, then Daniella Dye.
Mr. Taylor, are you with us, sir?
MR. TAYLOR: Yes, I am. Can you hear me?
MR. MILLER: Absolutely, sir. Please begin. You have two
minutes.
MR. TAYLOR: Thank you. You know, first, thank you,
commissioners, for allowing me to speak today again.
I'd like to start out with a question, and I pose this to the
commissioners and to the public. At what point do we consider
personal responsibility?
Now, there's this whole narrative of my mask protects me, it
protects you. You know, and I can tell you that never before in my
life -- I'm 43 years old, and I've never expected anyone else to take
October 22, 2020
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care of my health. That is my personal responsibility.
And more and more, as we continue to enforce these mandates,
it's feeling more and more like big brother. And, you know, we have
to remember that, you know, health is a very personal decision, how
we manage that. From what we eat to what we wear, how we
control our breathing, all of it, that is our personal choice. Okay?
And if someone else is afraid of me or someone else getting
them sick, take personal responsibility, assess how at risk you are,
and stay home. Stay -- take the precautions yourself. Do not expect
other people to take precautions for you to protect your health.
And I can tell you there's a giant disconnect in the public
between what -- the understanding of how to wear a mask, and more
specifically the actual ordinance in place.
And I can tell you, because -- I have a son who's autistic. He's
nonverbal and he has sensory processing challenges. At the
beginning of all this -- he has three therapists, an occupational
therapist, behavioral therapist, and a speech pathologist. And
we -- they worked with him for a month trying to get him to wear a
mask, and I can tell you for him it's like torture.
And the fact that these businesses do not understand what
the -- the ordinance is, they don't understand that kids under nine are
exempt from it, and people with medical exemptions, my son is
absolutely one of them. And my wife has been kicked out of
businesses for this, and it's because your lack of education on the
actual ordinance to businesses and people's -- people's just lack of
education on -- on all of this.
And that -- that's what -- these unintended consequences of
mandating masks, that's what it causes. It causes discontent amongst
our community. Look at how divided the people are that are
speaking. Look how passionate people are. This is the divide that
you're continuing to enforce. Why don't we take personal
October 22, 2020
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responsibility?
CHAIRMAN SAUNDERS: We do need you to wrap up.
MR. TAYLOR: Allow people to -- allow people to take
personal responsibility, and let's get back to some level of normalcy.
Thank you for your time.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is James Kelly, followed by
Daniella Dye, Morris Herstein, and Susan Bookbinder.
Mr. Kelly, are you with us, sir? You may need to unmute
yourself. James Kelly?
Okay. I know we have Mr. Kelly online. We've --
MR. KELLY: Okay. So, I unmuted --
MR. MILLER: There you go, sir. Mr. Kelly, you have two
minutes.
MR. KELLY: Thank you. I apologize for that.
Yes, couple (audio distortion) said something that -- he asked
you to take away his liberty so that he would be safe. One of the
founders -- and I don't remember which one it was -- said that those
who seek to security in exchange for liberty deserve neither.
So, lots of medical information is coming your way, and lots of
patriotic information is coming your way. And I wish you a clear
mind and a sense of what the constitution means when you make
your decision today.
Another comment was saying that -- somebody who favored the
masks said that all these constitutional scholars who never took a
class in constitution, what do they know? Well, let me tell you what
we know. We know that the constitution in America is a very small
document. We can all carry it in our breast pocket.
We're all citizens, and we have an obligation to be familiar with
the constitution. And this type of order goes against that. Because
what it is, is an order and, from what I understand, you're not allowed
October 22, 2020
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to make orders, to make ordinances. And I don't know the
differences, I just know that the -- you know, the tag line for the
debate.
Your staff was presented a lot of information, and I heard words
like it could help or it has no measurable economic effect. Well, tell
that to the people that are being laid off, that there's no economic
effect, and tell that to people whose businesses are struggling and say
there's no economic effect, or closed or worse.
And, also, as far as economic effect goes, how about you ask
your staff to measure the economic effect for the areas where the
mask mandate is not in place, compared to where the mask mandate
is in place in Collier County. And I think you're going to find that
Fifth Avenue South is probably doing a little bit better, on average,
than the rest of the county.
And then the data that was presented today as a request from
Mr. McDaniel, I think, is persuasive. And I would ask that your
staff -- and you might be able to do this pretty quickly before your
meeting, is to average out all of the different counties that was
presented in the chart.
And I think you're going to see, with or without mandates, with
or without stay-at-home orders, the general motion of the curve was
up, flattened, and then down, generally speaking. In other words, we
flattened the curve. We accomplished the mission. It's over, and
we need to move on. And we need to put more emphasis on Liberty
than we need to worry about the spread of the virus. Think about
it --
CHAIRMAN SAUNDERS: We do --
MR. KELLY: Peterson --
CHAIRMAN SAUNDERS: We do need you to --
MR. KELLY: Says look --
CHAIRMAN SAUNDERS: -- wrap up.
October 22, 2020
Page 80
MR. KELLY: Go ahead.
CHAIRMAN SAUNDERS: We need you to wrap up, if you
would, please.
MR. KELLY: If you walk out your house, the world is trying
to kill you, from viruses, to predators, to cars, to a hole in the street.
Stop. It's more important for us to concentrate on individual liberty
than it is for us to allow a continuation of fear and separation, which
is what communists and Nazis did to accomplish their evil goals. So
good luck to you.
MR. MILLER: Your next speaker is Daniella Dye, followed by
Morris Herstein, Susan Bookbinder, and Eve Gron.
Miss Dye, are you with us, ma'am? Daniella Dye? You may
have to unmute yourself. We've released you to speak. Miss Dye,
are you with us?
CHAIRMAN SAUNDERS: How many more speakers do you
have there?
MR. MILLER: I'm working on that, sir. It kind of fluctuates.
We've got about -- I think it's about 14 at this point. I'll get a hard
number for you after this.
COMMISSIONER FIALA: It just keeps getting bigger.
MS. DYE: Hi, I'm here. I just wanted to give you a moment
to finish and --
MR. MILLER: Thank you, Miss Dye. We're now ready for
you. You have two minutes.
MS. DYE: Perfect. Thank you.
So, I've been listening to everybody speak today, and they've all
brought up points that I wanted to say myself, so I don't want to keep
reiterating the same information.
In a time of disruption, it's always good to say thank you to the
things that you were grateful for, so I want to thank you to everybody
for having another meeting.
October 22, 2020
Page 81
I also want to thank my teachers in middle and high school for
teaching me to think for myself. I appreciate the fact that they
constantly asked me to ask questions of others, including who, what,
when, why, where, and how. They asked me to continually look at
information and look at it from both perspectives. I am extremely
grateful for that. I am extremely grateful for them. I will actually
go back and reach out to them today.
I'm also grateful for the fact that I was able to read a map.
Because I looked at it, and I didn't find any state that was labeled
fear, and I refuse to live in a state that doesn't exist. I think it's great
that we can sit here and to -- have a discussion about people, and to
sit there and look at the who, what, when, why, where, hows.
I don't understand how this particular ordinance is going to
protect anybody. If it's already been deemed unenforceable if it's
already been deemed essentially unenforceable -- we'll stick with
that. But how are we supposed to sit there and continue to have a
mandate? How do we sit there and continue to encourage
something?
The only thing that I see being encouraged is the distance
between people. And I don't mean physically, I mean in the
emotional and communal standpoint where you have people that feel
like they've been deputized to sit there and have discussions and to sit
there and call people out and delegitimize medical exemptions
because they don't feel that it applies to somebody, or to sit there and
feel like they're so compelled to make a discussion and distinction
about somebody's medical state or mental state that they have the
ability and right to just approach them and publicly assassinate their
character and health choices.
So, I don't see where all people are represented in this particular
mandate. I don't see how it's going to be effective, and I don't see
what it is that we're trying to obtain from this. I feel like it's
October 22, 2020
Page 82
something that is just furthering the divide with people. Where -- if
you keep the mandate, letting it exhaust itself, we don't pursue it any
further, people that want to pursue safety measures of wearing a mask
are able to.
We have to ask ourself if we're doing this out of compliance or
if we're doing this out of concern. Many people that have been
speaking today in favor are doing it out of both. They're doing it
because they are concerned, but they're doing it out of compliance as
well.
So, again, I'm grateful for the ability to look at all different
avenues of information. I also have to thank my college professors,
especially in statistics, when we went over the fact that numbers don't
lie but people do.
The questions that are asked to obtain the numbers, the review
of the numbers afterwards, and the content that you get from it are
going to be manipulated. Those things are things to take into
consideration when reviewing data and making considerations for an
entire group of people.
I don't know if I still have more time, but I'll wrap it up and say
thank you.
CHAIRMAN SAUNDERS: All right. Thank you.
MR. MILLER: Mr. Chairman, we have eight speakers left at
this point, all online. Your next speaker is --
COMMISSIONER FIALA: Are people allowed to call in after
these eight?
CHAIRMAN SAUNDERS: We're trying to accommodate
people that are coming home from work. This --
COMMISSIONER FIALA: Oh, I see.
CHAIRMAN SAUNDERS: Let's just see how it goes. That's
generally not what we do, but I -- we've been criticized for having
this meeting during the day, when people can't call in after work, and
October 22, 2020
Page 83
we're taking care of that.
MR. MILLER: I have alerted the Zoom people to continue to
accept registrations.
CHAIRMAN SAUNDERS: We'll cut that off in just a few
minutes.
MR. MILLER: Okay, sir.
CHAIRMAN SAUNDERS: We do have to have our debate as
well.
MR. MILLER: Yes, sir. Your next speaker is Morris
Herstein, followed by Susan Bookbinder, Eve Gron, and Gary
Canino.
Mr. Herstein, are you with us, sir? You may need to unmute
your -- your device. Morris Herstein? Sir, are you with us? I'll try
one more time at this juncture. Mr. Herstein, you may need to
unmute your device. Are you with us, sir?
Okay. Getting a message. All right. We're going to circle
back around then. My Zoom people are having trouble connecting
with Mr. Herstein. I'm going to move on then to Susan Bookbinder.
My Zoom people will try to get her ready to go.
Susan Bookbinder. Miss Bookbinder, are you with us, ma'am?
MS. BOOKBINDER: I am. First, I'd like to thank you for
coming and doing this again and again and again. It is very much
appreciated by those of us who feel strongly that the mask mandate
should continue.
I have multiple sclerosis, and therefore I have a weakened
immune system. But I do go outside, which for the last couple of
months have been very, very rare.
When I see other people walking around without masks, I'm
offended. How negligent they are. Masks stop others from
spreading COVID. I don't understand how anyone can be so
self-centered that they don't care about possibly transmitting the
October 22, 2020
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disease to someone else who might have a weakened immune system,
such as myself.
One of the reasons I love Naples is that it's so philanthropic, but
maybe not everybody cares about their neighbors. Someone
casually said to me in passing that not wearing a mask is, quote,
involuntary manslaughter. And I thought that was pushing it a little
bit, so I looked it up in the dictionary.
Involuntary -- this is a quote. Involuntary manslaughter is
defined as the unintentional death of an individual as a result of
another person's negligent action.
We have to stop this involuntary manslaughter, and we have to
keep our mask mandate. Thank you all very much.
MR. MILLER: Mr. Chairman, we're going to try Morris
Herstein again and then Eve Gron and then Gary Canino.
Mr. Herstein, I think we have our problems worked out with
you. Are you hearing me, sir? Are you with us? Mr. Herstein?
All right. We have him registered on two different devices,
we've unmuted both of them.
Mr. Herstein, you may need --
CHAIRMAN SAUNDERS: Let's just move on to the next
speaker.
MR. MILLER: Yes, sir, we will move on.
Heads-up, guys, we're going to go to Eve Gron, then Gary
Canino, and then Steven Bracci.
Miss Gron, are you with us, ma'am? Eve Gron? Are you with
us, ma'am?
MS. GRON: Yes, yes, I am.
MR. MILLER: Please begin, ma'am. You have two minutes.
MS. GRON: Okay. Thank you for allowing me to speak,
although a lot of things have been said already.
I want to say that the virus -- the virus is always going to be
October 22, 2020
Page 85
around, and it's never going to go away. It has been -- coronavirus
has been around 700 years, and it's not going to go away. So, with
this saying, like any other viruses, we know what to do. We have
lived on this plant long enough to protect ourselves without the
masks.
One more thing I would like to bring up is children. Masked
children are at school. That -- maybe we don't realize that those
children -- masked children at school going to be -- that's very
detrimental for their mental state, of course.
According to immunologists and psychologists, we're creating
intimidated children with problems. It's going to be a generation,
pretty much, of scared followers that have no identity and no
individualism created at school. So, this is in our future. I want to
draw your attention to it, it's very, very important.
And now I want to jump quickly to a law. The federal law,
Title 18, tag 14, the code of safety. It says: Where county public
officials are required to proclaim the termination of mask mandates
and all emergency restrictions where there is no emergency.
And there is no emergency. There's no federal emergency,
there is no state emergency, no county emergency. So, you public
officials, are required to proclaim the termination of mask --
CHAIRMAN SAUNDERS: We need --
MS. GRON: -- mandates and stop --
CHAIRMAN SAUNDERS: We need you to -- excuse me.
We need you to --
MS. GRON: Today you have to -- you are required --
(Simultaneous crosstalk.)
CHAIRMAN SAUNDERS: We need you to wrap up, if you
would, please.
MS. GRON: -- otherwise you -- you are against the law. And,
thank you, I wish you all health and --
October 22, 2020
Page 86
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Gary Canino, followed by
Steven Bracci, and then Steve Mason.
Mr. Canino, are you with us, sir? You may need to unmute
your device. Mr. Canino, are you with us, sir?
CHAIRMAN SAUNDERS: Let's move on.
MR. MILLER: All right, sir. Steven Bracci -- wait. Mr.
Canino, was that you, sir?
MR. CANINO: Yes, Gary Canino.
MR. MILLER: You can begin, sir. Two minutes.
MR. CANINO: Okay. Thank you.
I support the words and advice from scientists, medical
professionals. I don't accept anecdotal information and comments
from laymen, backed by little bit more than enthusiasm. I don't
support political consensus bias, which looks for ways to support
preconceived ideas over public health.
I'm proud of the people who listen to and read the opinions of
scientists and medical professionals. I don't know why that would
not be viewed as -- as a positive thing.
People keep talking about the constitution. I look at it this way.
You can't yell fire while not wearing a mask in a crowded movie
theater, as it shows a disregard of the health and well-being of others.
I'd like to thank you, because in a meeting like this -- I was once
on a board with 10,000 members. For some reason, meetings tend to
have the strongest support, even though it may be the smallest
number of total people, from naysayers. I'm proud of the fact that in
the past you've stood strong, and you've continued to mandate the
wearing of the mask.
Thank you for protecting my health and giving me the
opportunity to speak today.
CHAIRMAN SAUNDERS: Thank you.
October 22, 2020
Page 87
MR. MILLER: Your next speaker is Steven Bracci, followed
by Steven Mason, Judith Belmont, and then Paul Cardon.
Mr. Bracci, are you there, sir? Steven Bracci? Mr. Bracci, you
may need to unmute your device. Are you with us, sir?
MR. BRACCI: Yes, I'm here now. Can you hear me?
MR. MILLER: Yes, Mr. Bracci. You have two minutes, sir.
MR. BRACCI: Thank you.
On July 14th, Commissioner Saunders tried to circumvent the
four-fifths supermajority vote for an emergency ordinance by instead
trying to go with an emergency order. It's clear that the county can
only do an emergency ordinance by four-fifths vote.
Mr. Klatzkow, the county attorney, said you can do it by
emergency order under a different statute. That different statute is
252.46, which says you can enact an emergency order if you do it in
accordance with Chapter 120, which is the public -- which is the
administrative procedure act.
That act specifically says that if you're going to enact an
emergency order or rule, which are synonymous, you can -- you
cannot have any such emergency order longer than 90 days. And we
are past 90 days now.
It also states that you are not allowed to renew an emergency
order at all, any period of time, unless you have fully engaged in full
rule making, rather than emergency rule making.
Mr. Klatzkow has been informed of this. He knows this.
Under Rule 4-1 of the rules of the Florida Bar, he has an ethical duty
of competency, which means he has to research both the law and the
facts and properly advise the board.
You have no authority to enter into an emergency order today.
Period. And you never had the order -- authority to do it by a four
fifth -- by a three-fifths vote back on July 21st.
So, ironically, Commissioner Solis, when he's criticizing
October 22, 2020
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Commissioners Fiala and -- and McDaniel for undermining the -- the
integrity of the board by not wearing masks --
Mr. Solis, with all due respect, you've undermined the integrity
of the board -- and you too, Mr. Saunders, by -- by trying to gin up a
way to avoid the four-fifths requirement, which is procedurally
required in order for you to strong -- you know, just to strongarm
everyone --
CHAIRMAN SAUNDERS: Mr. Bracci, we need --
MR. BRACCI: -- into wearing masks.
CHAIRMAN SAUNDERS: We need you to wrap up.
MR. BRACCI: Shame on you, Commissioner Solis, and shame
on you, Commissioner Saunders.
CHAIRMAN SAUNDERS: All right. Thank you, sir.
MR. MILLER: All right. Your next speaker is Steve Mason,
followed by Judith Belmont, Paul Kardon, and then Amy Veneziano.
Mr. Mason, are you with us, sir?
CHAIRMAN SAUNDERS: We have the four more speakers,
let's cut off. We've given people almost an hour to --
MR. MILLER: We just stopped taking them, and I've got like
one -- excuse me one, two, three, four, five, six people left.
CHAIRMAN SAUNDERS: Okay.
MR. MILLER: Okay?
CHAIRMAN SAUNDERS: Any objection from the board?
COMMISSIONER SOLIS: A few of them you've called
before, right?
MR. MILLER: Not the names I'm doing right now.
COMMISSIONER FIALA: Oh, okay.
CHAIRMAN SAUNDERS: Any objection from the board to
cut off signing up?
(No verbal response.)
CHAIRMAN SAUNDERS: Okay.
October 22, 2020
Page 89
MR. MILLER: Okay.
CHAIRMAN SAUNDERS: Four or five more speakers, and
then we're going to take a short break, and then we'll come back to
deliberate.
MR. MILLER: Okay. Next is Steve Mason, followed by
Judith Belmont, Paul Cardon, Amy Veneziano.
Mr. Mason, are you with us, sir? You may need to unmute
your device.
MR. MASON: I am here.
MR. MILLER: Mr. Mason, you have two minutes, please
begin.
MR. MASON: Thank you.
I'm a Florida licensed physician, trained at Harvard and Johns
Hopkins, and a Collier County resident. I completed a research
fellowship in infectious disease at NIH when Dr. Fauci was head of
the division, and I am angry. I'm angry about needless lives lost
already, and needless loss yet to come.
Wearing a mask is a measure of decency, responsible behavior,
and concern for others. I find it interesting that many people who
denounce masks also claim to believe in personal responsibility, yet
they don't understand or want to understand that going without a
mask in public is just like driving while drunk.
The Institute of Health Metrics estimates that 95 percent of
Americans, if they just wore a mask, that's all, just wear a mask,
would save nearly 100,000 lives in this pandemic.
A review of 172 studies by the British Medical Journal Lancet
found that face masks significantly reduce virus transmission. And
as a recent study estimated that mask mandates could have
avoided -- averted 230,000 coronavirus cases already.
I'm amazed that nonscientists chose to ignore facts and proven
data, yet have the authority to literally save lives, and do not exercise
October 22, 2020
Page 90
this authority.
Masks protects jobs and our economy. Goldman Sachs
estimates that a national mask mandate could substitute for
lockdowns that would shrink the economy by 5 percent. Think
about it. Our choices were never masks or jobs, but masks for jobs.
The more employees and customers who wear them, the more
businesses can stay open and flourish. Even if your concern is only
for the economics of it, the choice is still clear. Masks matter.
The head of the NIH said this week, people are tired of this, but
the virus is not tired of us. A Nobel Prize winner reminds us that in
the struggle against new diseases, it's our wits versus their genes.
Commissioners, please use your wits against the coronavirus
genes and continue the Collier County mask ordinance. Your
constituents' futures, indeed our very lives, are in your hands.
CHAIRMAN SAUNDERS: Thank you, sir.
MR. MILLER: Your next speaker is Paul Cardon, followed by
Amy Veneziano, Flannery Dziedzic -- I think I'm saying that close to
right -- and Steven Veneziano.
Mr. Cardon, are you with us online, sir? You may need to
unmute your device.
DR. CARDON: I am here.
MR. MILLER: You may begin, sir. You have two minutes.
DR. CARDON: Okay. I am a physician. My previous or last
job, I was the medical director of a hospital very much like Naples
Community Hospital.
This is deja vu all over again. For the third time in as many
months, we're debating the same issue, whether or not wearing a
mask to protect others, as well as ourselves, is important enough to be
mandatory.
What has changed since we last met? Data has been collected
and reported, showing that communities mandating mask wearing
October 22, 2020
Page 91
have lower rates of COVID-19 than communities where it is optional.
We have seen vividly, as the president set an example for the country
by holding mask-free events, leading to a significant number of those
attending the events to test positive for COVID-19.
We are not turning the corner. We are entering a time of year
when the incidents of COVID-19, as well as the seasonal flu, are
anticipated to and actually are rising. The pandemic is far from
over.
The most optimistic outlook, assuming the arrival of a safe
vaccine that can be accepted by the populous and be widely
distributed, is a -- to return us to something resembling normal is a
minimum of nine months to a year away. Hopefully, the sooner we
accept that, the sooner we will stop having these monthly meetings,
debating the same issues again and again.
We need to be patient to avoid becoming a patient. To
plagiarize the editorial from today's Naples Daily News, in the words
of the ancient philosopher Yogi Berra, it ain't over till it's over.
Commissioner --
CHAIRMAN SAUNDERS: We need you to wrap up.
DR. CARDON: Unfortunately, it ain't over. Thank you.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next spearer is Amy Veneziano, followed
by Flannery Dziedzic, Steven Veneziano, and then we have a medical
person that I guess has been trying to join for a while, Rebecca Smith
from the Medical Society. I assume -- she was registered. She
hasn't been able to join until now, sir.
Okay. I understand now that Amy Veneziano is gone, so we'll
try Flannery Dziedzic. And I hope I'm saying that right, sir. It's
D-Z-I-E-D-I-C [sic]. Are you with us, sir? You may need to
unmute your device.
MS. DZIEDZIC: I am here. My name is Flannery Dziedzic.
October 22, 2020
Page 92
If you could just give me one moment, I am about to be home.
CHAIRMAN SAUNDERS: All right. Let's move on to the
next speaker. We'll --
MR. MILLER: Ma'am, if you'll mute again, we'll come back to
you. My apologies for not getting the gender right there.
Steven Veneziano, followed by --
MS. DZIEDZIC: No worries.
MR. MILLER: -- Rebecca Smith.
Steven Veneziano? Mr. Veneziano, are you with us, sir? You
may need to unmute your device.
All right. Now I'm told that he is gone. They are dropping
like flies, sir.
CHAIRMAN SAUNDERS: We have two more speakers.
MR. MILLER: Yes. Rebecca Smith, and then at that point
we'll come back to Flannery.
Rebecca Smith. Miss Smith, are you with us, ma'am? You
may need to unmute your device.
DR. SMITH: (Audio distortion.)
MR. MILLER: Miss Smith, is that you?
DR. SMITH: Hello, I am --
MR. MILLER: Is this Rebecca Smith?
DR. SMITH: Yes. Are you able to hear me?
MR. MILLER: Now we can, ma'am.
DR. SMITH: Yes, it is.
MR. MILLER: Please begin.
DR. SMITH: Okay. Chair, commissioners, thank you. I am
Rebecca Smith. I am a physician practicing in Collier County. I'm
actually a hospice and palliative care doctor. I've been in town for
ten years, and I have been busier than I expected during this time of
year.
I'm also a member of the board of the Collier County Medical
October 22, 2020
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Society and a member of the COVID-19 Task Force. April
Donahue, our executive director, presented a position of the Collier
County Medical Society and Task Force earlier this -- today.
I am independently requesting that you extend the mandate to
wear masks in Collier County. The current order has helped keep
our communities safe. However, we are still at risk of a resurgence
if we let our guard down too soon. Our youth are back at school,
many businesses are open to full capacity, and the northerners have
begun to return for season.
I feel we need to give this phase of opening some more time to
normalize so we can see the effects before we cease the
mask-wearing mandate. I will appreciate your strong considers.
Thank you.
MR. MILLER: All right, Mr. Chairman. And now the only
person I had left, Flannery Dziedzic, who said she needed more time,
she has now -- oh, she's now back.
Miss Dziedzic, are you with us, ma'am? Flannery -- I hope I'm
saying that close to correct. Are you with us, ma'am? If you're
there, ma'am, you need to unmute. We're short on time. Flannery,
are you with us, ma'am? I think I hear her.
MS. DZIEDZIC: Hello?
MR. MILLER: Yes, Flannery. How do you say your last
name, ma'am?
MS. DZIEDZIC: Flannery Dziedzic.
MR. MILLER: You have two minutes, ma'am, please begin.
MS. DZIEDZIC: Okay.
MR. MILLER: Please begin, ma'am, Flannery.
MS. DZIEDZIC: Yes. Okay. So, my name is Flannery
Dziedzic, and I am an Army veteran living here in Naples. I moved
here with my husband a little over a year ago. I actually moved here
from Georgia right after I got home from Afghanistan.
October 22, 2020
Page 94
I just wanted to tell you how -- my personal views on the mask
mandate for Collier County. And I personally believe it to be a
gross government overreach to force a mandate onto your
constituents.
A study done in 2008, with Dr. Fauci being one of its authors,
found prolonged mask wearing potentially causes bacterial
pneumonia. And I have links to that study.
Regardless of the study and the plethora of other studies, some
concurring, obviously, with masks being harmful and then others
contradicting, we know that the science is constantly changing. We
have also seen that the vast majority of people who have caught
COVID-19 have been avid mask wearers. My own sisters back in
Georgia wore masks and gloves and still got sick.
The link below -- I have some links to this as well. A study by
the CDC stating that roughly 70 percent of the participants always
followed CDC guidelines with social distancing and mask wearing,
and they still caught COVID-19.
My husband and I, we never wear masks, and we have yet to get
sick. My father, he just turned 70 this past weekend, and he never
wears a mask, and he has not gotten sick either.
But I say this with great respect to everybody here, and I want to
thank you all for the service that you do for our county and our
awesome, great state of Florida. Thank you.
CHAIRMAN SAUNDERS: Thank you.
All right. Let's close the public hearing. I would suggest that
we take a brief break so we can collect our thoughts and come back at
quarter after 6:00. Would that be sufficient?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SAUNDERS: All right. We're going to be in
recess until 6:15.
(A recess was taken at 5:57 p.m. and resumed at 6:15 p.m.)
October 22, 2020
Page 95
CHAIRMAN SAUNDERS: The meeting of the county
commission will please come to order.
I, quite frankly, still am not sure how I'm going to vote on this.
I will tell you I'm leaning towards extending the order. But in
anticipation of the meeting I went through the existing order and I
had it redrafted. So, I'm going to distribute to you -- to each of you a
new draft.
The order is essentially the same, with some changes that make
it a little bit more clear and also deal with the social distancing aspect
of trying to prevent the spread of COVID.
So, as we're discussing this, this is the -- if I'm going to proceed
with a positive vote on this, it will have to be something similar to
what I've -- what I'm handing out. Again, the changes are
highlighted in yellow.
And with that, Commissioner Fiala, your light is lit up.
COMMISSIONER FIALA: Yeah, it is. A couple questions
that I had.
Jennifer Edwards had -- I'm sure she called everybody. And
she said something about please keep the mask in effect during
elections, through the election, and I was wondering if that could
even be done.
I think I asked -- have to ask Jeff if we can -- as far as the people
wanting to vote, who are going over to the election's office, no matter
which office they have, can we -- I told her you should be able to just
post something that says to enter this area you must wear a mask.
There's nothing that says -- even if we have no mask mandate,
there's nothing that says you can't say you have to -- you can't wear a
mask if there's something that says you can. So I figure let's see
what we can do. Can we do that? But it's just like in all the election
polling places.
MR. KLATZKOW: Well, the supervisor can do it if she's --
October 22, 2020
Page 96
COMMISSIONER FIALA: I can't understand you.
MR. KLATZKOW: The supervisor of elections can do it. She
doesn't need us to do that.
COMMISSIONER FIALA: Oh.
COMMISSIONER TAYLOR: But that's not the issue, ma'am.
COMMISSIONER FIALA: Pardon me?
COMMISSIONER TAYLOR: That's not your -- that's not the
issue. The issue is not that people won't come in, the issue is she
won't have poll workers because they feel --
COMMISSIONER FIALA: Yeah, that's right, that's right,
exactly.
So, she feels that the poll workers -- thank you. She feels that
the poll workers won't want to work unless there's a mandate that
says they have to wear masks. And I think that's fair. You know,
we're trying to get everybody to vote that will vote. And so, is -- is
that something that can be done? And the day after elections, stop it,
but just in those polling places.
MR. KLATZKOW: I mean, we can do that, ma'am. I just
don't know why the supervisor can't do this on her own. I mean, she
controls her own buildings.
COMMISSIONER FIALA: Oh, you mean --
CHAIRMAN SAUNDERS: I would presume that when there's
a polling place selected, that she would be in control of that polling
place.
MR. KLATZKOW: I presume that, yes. I mean, if she needs
our support on that, the -- the board, we could certainly do that.
COMMISSIONER FIALA: Maybe they can put signs out front
that to enter this area, masks must be worn or something.
MR. KLATZKOW: Yes. I mean, I know -- I know that her
poll workers tend to be older.
CHAIRMAN SAUNDERS: Commissioner Taylor?
October 22, 2020
Page 97
COMMISSIONER TAYLOR: No, I just wanted to respond
to --
CHAIRMAN SAUNDERS: Oh, okay.
Commissioner McDaniel.
COMMISSIONER FIALA: I still have another comment,
couple comments.
CHAIRMAN SAUNDERS: I'm sorry.
COMMISSIONER FIALA: That's all right.
COMMISSIONER MCDANIEL: Just on the mask comment
thing, I voted in Immokalee yesterday, and there's a mask
requirement on the door before you come into the county facility and
all the way through the process.
So, it -- I understand the -- I understand the supervisor's request.
She actually left me a voice mail last night as well. But I think the
county attorney's correct, she's got control of the facilities and those
polling places.
COMMISSIONER FIALA: Good. I can understand her
request, because people lined up -- I was watching it the other day,
and, you know, they -- there's so many people in one area. I can
understand her feeling that the poll workers would like a mask there
so -- okay. So, it can be done.
COMMISSIONER MCDANIEL: It is being done.
COMMISSIONER FIALA: Good. Other question.
Now -- now, the businesses can always require masks, right? I
mean, even if we don't have a mask ordinance in place, you can say
you must have a mask in order to enter my business. And I believe
that that's correct, unless you tell me it's incorrect. People can
always wear a mask. Doesn't make any difference if we have to
have an ordinance or not.
What's interesting is that we have two cities right here -- Penny
lives in one of them. You don't have to wear a mask there. There's
October 22, 2020
Page 98
no mask ordinance, but their restaurants are doing fine and
everything because they're -- they don't have any masks.
COMMISSIONER TAYLOR: Oh, yes, they do, ma'am.
COMMISSIONER FIALA: And this is --
COMMISSIONER TAYLOR: Yes, they do.
CHAIRMAN SAUNDERS: Let's do one at a time.
COMMISSIONER FIALA: Okay. This is just -- and then also
the -- they don't have any mask mandate on Marco, and -- and
nobody is asking for a mask mandates in either one of those places,
that I know of. At least not in Marco, because I don't get any letters
for that.
And the figures are the same, that's the big thing. The figures
are the same whether you're wearing a mask or not wearing a mask,
whether you're requiring it or not.
Now, I was -- I thought, you know, the selling point would be if
when you were required to wear a mask, the numbers would drop
greatly. They haven't even dropped a little. So, I -- I'm --
COMMISSIONER SOLIS: They haven't --
COMMISSIONER FIALA: I have to make that statement.
COMMISSIONER SOLIS: They haven't dropped a little? Is
that what you said?
COMMISSIONER FIALA: That's right. Compared to
other -- the other cities. And the cities in our county, as well as Lee
County and Collier -- Charlotte County. Nobody wears -- has a
mask mandate but us. I thought, you know, maybe we ought to
rethink this.
CHAIRMAN SAUNDERS: Commissioner Taylor, did you
have some comment you wanted to make?
COMMISSIONER MCDANIEL: Yes. Even though there's
not a mandate in the city of Naples, the restaurants, many, many of
them, especially on Fifth Avenue, have a, you know, requirement for
October 22, 2020
Page 99
masks.
COMMISSIONER FIALA: Yeah, that's fine. And I know I've
been to a few of them, so --
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER FIALA: And you wear them, you know.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER FIALA: That's one thing about freedom,
you can wear it if you want to. You don't have to wear it; you're not
forced to. I don't like that.
CHAIRMAN SAUNDERS: One of the speakers asked if we
were doing any research or what are we looking at. I came across an
article in the New England Journal of Medicine, and there -- there
were -- the point of this article was that the amount of viral load that
one is exposed to has a dramatic impact on the severity of disease
that might result from that.
Lower viral load, the body is typically able to fight that off. A
cough or a sneeze with a tremendous amount of viral load, if you
receive that, then the body's response is what kicks into action and
causes severe illness.
And the article -- I'm just going to read one paragraph in this
article, and it's the New England Journal of Medicine. It says:
Ultimately, combating the pandemic will involve driving down both
transmission rates and severity of disease. Increasing evidence
suggests that population wide facial masking might benefit both
components of that response.
The point being that there's evidence that wearing a mask -- if
two people are together and they're both wearing a mask and one of
them is COVID-19 positive and shedding the virus, that wearing the
mask will reduce the amount of viral load that somebody else in the
vicinity will receive.
There was another article. And I'm going to read this, and then
October 22, 2020
Page 100
I'm going to turn this over to Andy because his light is lit up. This
was in the New England Journal of Medicine as well. And let me
just read this one conclusory paragraph.
It is important to inform the public that the discomfort
associated with mask use should not lead to unsubstantiated safety
concerns, as this -- as this may attenuate the application of a practice
proven to improve public health. As growing evidence indicates that
asymptomatic individuals can fuel the spread of COVID-19,
universal mask use needs to be vigorously enforced in community
settings, particularly now that we are facing a pandemic with minimal
proven therapeutic interventions. We believe our data will help
mitigate fears about the health risk of surgical mask use and improve
public confidence for widespread acceptance and use.
This was from a study at a veterans hospital in Miami, part of a
Jackson Hospital. And they took a group of healthy individuals and
checked their blood and oxygen levels wearing a mask both before
and after exercise and found that there was no change in blockage in
levels and other markers because of the wearing of masks.
Then they took a group of patients that had COPD, chronic
obstructive pulmonary disease. Same thing, they checked those
individuals wearing a mask for 30 minutes and determined that there
was no change in the markers that you would look for to see if there
was an impact from the mask.
Then they had those COPD individuals exercise. They walked
for six minutes, and again did the same analysis, and determined that,
actually, on some of the markers there was an improvement. Not
a -- not a negative response.
So, I want to mention those -- those two articles. And I'll turn
this over to Mr. Solis.
I know you -- your light is lit up.
COMMISSIONER SOLIS: Well, I'd like to start by -- you
October 22, 2020
Page 101
know, I heard -- I heard something today that I -- I have to bring it
up. I mean, I -- one of the speakers said that this is not about human
kindness.
COMMISSIONER FIALA: About what?
COMMISSIONER SOLIS: Human kindness.
That is a stunning statement for me. Because, ultimately, I
think everything needs to be about human kindness. You know,
caring for our neighbors caring for our family members, you know,
caring for our colleagues, caring for, you know, our community
means that we all have to pitch in.
A community means communion, where everybody's in it
together, and I think we've lost that because -- this is real, it is not a
hoax. And I have a copy of Governor Christie's article. Wasn't
wearing a mask, and he says: I mistook the bubble of security
around the president for a viral safe zone. I was wrong. There is no
safe zone for this virus. When you get this disease, it hits you how
easy it is to prevent.
This is Governor Chris Christie, the staunchest of Republicans.
We are asked to wear a cloth over our mouth and nose, wash our
hands, and avoid crowds. These minor inconveniences can save
your life, your neighbors, and the economy. Seldom has so little
been asked for so much benefit. When the passage will be
brought -- when the message will be broadly heeded -- sorry. Yet
the message will be broadly heeded only if it is consistently and
honestly delivered by the media, religious leaders, sports figures, and
public servants. Those in positions of authority have a duty to get
the message out.
And as a lead-in to my next point: Those who deny the
scientific realities of the pandemic undermine conditions that allow
for rapid and complete reopening.
You know, I think I started this discussion, I don't know how
October 22, 2020
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many months ago, from the basis of we have to protect our economy.
We have to protect our businesses. We have to protect the
employees. All of the business owners, except for a few, by and
large are in favor of maintaining a mask requirement.
I've spoken with the folks at Arthrex, the chamber of
commerce -- we all received an email from the chamber of commerce
requesting that we continue the order. I've spoken with Dr. Patent
from the school district, and I have an overwhelming number of
emails.
As -- at the time that the meeting started, I had 805 emails in
support of extending the mask ordinance and 126 in opposition.
You know, and we hear that we need to listen to the people that we
represent. I mean, I'm hearing it. 805 to 126.
You know, Governor Christie was very clear. He wished he
had worn a mask. A week in the intensive care unit. The
president -- my understanding is Byron Donalds has tested positive.
I saw that in the newspaper.
So, I will -- I can say that in terms of my constituents in District
2 -- and a large number of these 805 are not from District 2. My
constituents are overwhelmingly in favor of having some requirement
that masks be worn in public spaces like we've had.
This is just like the issue with secondhand smoke. How is it
any different than the requirement that -- or the -- the laws or
ordinances that don't allow people to smoke cigarettes in public
spaces anymore? That's not about an individual liberty. It's about
the effect of that secondhand smoke on the people that don't want to
smoke. That's exactly what it is. And that's exactly why smoking is
not allowed in restaurants and public buildings anymore. And --
CHAIRMAN SAUNDERS: I'm sorry.
COMMISSIONER SOLIS: And I'll wrap it up. I think -- I've
looked at the revisions to the -- to the proposed order, and I -- I think
October 22, 2020
Page 103
they're spot on.
But I -- again, the downside -- and this is where I started when
we started having these discussions. The downside to doing this
incorrectly is too great a risk for our economy, for our residents, for
the businesses, for the employees. It's too great a risk that I don't
think we should take. And that's on top of the human side of this,
the human kindness side of this, that this is about caring for our
neighbors, caring for our community, and caring for our family
members. It is about that.
CHAIRMAN SAUNDERS: Two quick comments. You were
quoting from the article that Chris Christie wrote, and there was one
other paragraph in there that, quite frankly, I think bears repeating.
And it's one of the things that's really kind of saddened me in a lot of
ways, because this has become such a political issue that
you're -- you're either on one side or the other, and there's no in
between, and people are just very, very emotional about it.
That's one of the reasons why I wanted to have this hearing go
into the evening, so that no one can complain that we haven't given
everyone an opportunity to speak on this. And that's one of the
reasons why I was a little bit loose in terms of the timing, because I
wanted people to be able to say what they needed to say.
But this is Chris Christie again, and this is exactly the way I feel.
One of the worst aspects of America's divided politics is the
polorization of something as practical as a mask. It's not a partisan
or cultural symbol, not a sign of weakness or virtue. It's simply a
good method -- not a perfect one, but a proven one -- to contain a
cough or prevent the virus from getting in your mouth or your nose.
Wear it or you may regret it as I did.
And it's interesting just how polarized this -- this issue is. And
it's a public health issue, it's not a political issue. And I think those
words coming from a staunch Republican really capsule -- capsulate
October 22, 2020
Page 104
how I feel about the polarization of this.
Some of the speakers have said that we are not doing what our
constituents want us to do. Commissioner Solis, you just pointed out
the 800 and some emails that you've gotten. I got 700 emails. So
not as many as you but close. 87 percent of them were supportive of
continuing with a mask requirement, 13 percent said no.
And then we got 27 phone calls. And out of the 27 phone calls,
21 of them were supportive of continuing with some mask order, and
six were opposed to it.
And so I -- we're not up here to try to figure out what the
majority wants and -- we're here to try to figure out what's in the best
interests of the community. You cannot ever determine what the
majority really wants, unless you have an election. But there is an
indication, just from these numbers, that there are a lot of people in
this county that are supportive of moving forward with this. And so
I just wanted to state those statistics.
Commissioner Taylor?
COMMISSIONER TAYLOR: Thank you.
My numbers started October the 13th and ended at about 1:00
today. There were 765 emails to our office extending the mask
ordinance or mandate, excuse me, mask mandate, and there were 89
requesting that we end it.
We had 26 calls to our office requesting to extend the mask
mandate, and there were only seven asking that it end.
But, you know, we -- I was asked by the press, are you going to
base your -- what are you going to base your decision on, and I -- and
I said I'm going to base it on science. And we all got very
interesting articles from Arthrex, Reinhold Schmieding.
And I started to go through some of them, and I'm just going to
quickly and succinctly just end with my -- my comments with one
about -- from New England Journal of Medicine. It was published
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September the 8th, 2020. And in it, the first paragraph says: As
SARS COVID 2 continues its global spread, it's possible that one of
the pillars of the COVID-19 pandemic control, universal face -- facial
masking, might help reduce -- might help reduce the severity of the
disease and ensure a greater proportion of new infections are
asymptomatic.
Now, did they say it works? No. But as we go through this,
there is more and more evidence that wearing masks makes a
difference to the health of the people wearing the mask and also the
health of the people around them.
So, I -- I -- there are many more articles. If anybody wants me
to send these to them, I would be more than happy to send them, just
contact my office. But clearly I -- I agree with Commissioner Solis'
remarks regarding the economy. People want to feel safe, for Pete's
sake.
You know, way back when -- when cities were being built, one
of the greatest causes of death were the cars that were running over
the people because they didn't have any way of controlling how the
people walked across the street, they didn't have streetlights. That's
history, folks.
People want to feel safe, and we live in a time of rules. Are we
going to live -- wear masks our whole life? No. I was asked
today -- asked directly today how long is this going to go on. And I
think that's going to be our next discussion. I think it has to be,
because nobody can do this every few days -- or few weeks. Excuse
me, few weeks.
And to credit to our -- our chairman -- and please understand,
we -- there's no rule book of how to handle a pandemic. There's no
rule book about what a governing body is supposed to do. And so
we deliberately were very methodical and very careful about how we
approached this. And in my mind, it's clear that you want to feel
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safe and be -- feeling safe is wearing a mask. Thank you.
CHAIRMAN SAUNDERS: Commissioner McDaniel?
COMMISSIONER MCDANIEL: Yes. Troy --
MR. MILLER: Yes, sir.
COMMISSIONER MCDANIEL: If you folks will indulge me,
on September 24th, before the governor moved us to the phase three
opening, he hosted -- if you didn't see it, it was a two-hour press
conference. And if you'll indulge me to accept the fact that he read
the qualifications of the experts that he brought in for a two-hour
press conference and accept the fact that these guys are walking
experts, I have about a four and a half minute video --
CHAIRMAN SAUNDERS: Sure.
COMMISSIONER MCDANIEL: -- I'd like to show.
CHAIRMAN SAUNDERS: Absolutely.
COMMISSIONER MCDANIEL: And if you haven't seen it,
for those who are watching, it's worth two hours of your life to watch
that press conference that -- that the governor put on.
(The video was played as follows:)
GOVERNOR DESANTIS: -- to characterize the efficacy of
some of these things, they're called nonpharmaceutical interventions.
I mean, obviously you have the -- the draconian -- some draconian
Australia style lockdown or some of these places, but then you also
have business closures, some other types of mandates.
How -- what's the evidence that they've really been important in
bending the curve? And I just mention this because, you know, the
sunbelt -- we saw prevalence increase within a week of each other
from Los Angeles to South Carolina, and different policies, different
openings. They'll say, oh, well, Texas did this, but then I can point
you to Georgia that did the opposite, and the epidemic curves are
pretty similar. And so what role do they play, in terms of bending
the curve of an epidemic? Can we say that at this time, given that
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we do seem to have a lot of AB tests that have happened?
DR. BHATTACHARYA: Yeah, I think it's -- it's -- it's mixed
at best. I mean, like -- things like hand washing I'm -- I'm fully in
favor of. You definitely -- there's lots of good evidence on that
from -- you know, a long history.
I think I want to distinguish, in answering your question, a
mandate to do certain activities, like a mask mandate, from people
naturally engaging in protective behavior.
When people feel like there's some threat, some risk, they will
automatically naturally engage in protective behavior. All right. So
in places like Sweden, we see social distancing even without
mandated social distancing. Because you communicate clearly to
the public what the risks are, and people will take those actions on
their own, versus a mandate that says we're going to fine you or
imprison you or something if you violate this, if you don't engage in
the particular behavior.
From what I've seen in the empirical evidence, these mandates
seem to be uncorrelated. Like, for instance, mask mandates seem to
be uncorrelated with disease spread. All right?
So, you have places that have mask mandates go in place, and
you see cases continue to rise. Mask mandates are sometimes put in
place during -- during the decline in cases, and people say, oh, look,
the cases declined, but the cases were declining even before.
The path of the disease seems -- seems, for the most part, as far
as I can tell, immune -- just sort of uncorrelated with the imposition
of these -- these kinds of NPI mandates.
GOVERNOR DESANTIS: Case simply has one positive test,
without any -- any clinical symptoms -- because, you know, when we
were doing -- we had a lot of drive through test sites, where
thousands of people were going through at the height, and we started
surveying the people about why are you getting tested. And in some
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of our most well-traffic areas, 80 percent had no symptoms. They
were either just curious, they were told that they should for work,
maybe they thought that they may have been exposed or whatever.
But if they test positive, there's really no other evaluation. It's
considered a case, and then presumably they're told, you know, to
isolate.
And, I don't know, is that how they typically have done it in the
past, without any clinical confirmation?
DR. BHATTACHARYA: In -- in medicine, there's a principle.
You don't treat a number, you treat a patient. And I think we -- I
think we've made that mistake with COVID. I mean, what
Dr. Kulldorff said is exactly right. It depends on the context. If you
want a more sensitive case -- a sensitive test -- I mean, I think
the -- I've been really -- just like my colleagues, I've been very, very
disappointed with the scientific community and the reaction, also the
press -- the press as well.
There have been open call by fellow folks here at Stanford to
establish, in effect, a censorship board over open science, published
in the New York Times. I've seen my colleague, Dr. John
(inaudible), one of very top scientists, epidemiologists, infectious
disease experts in the world, his -- his videos that he's done,
suppressed. I've seen people attack scientists, respected scientist,
who dissent, attacked in the ugliest ways.
And I've been trying to understand what is motivating it. And
almost always the complaint is that if you have dissent or are on this
issue, that -- that you're endangering the public. I mean, I myself
have been -- have been attacked in this way as well.
I don't understand how having open scientific debate could
possibly endanger the public. Science is not a mechanism of
population control. It's a mechanism for seek -- learning true things
when -- when the -- when it's something -- when you have a very
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complicated situation.
And everyone in science gets things wrong. I mean, everyone.
It's not possible. That's why we have the open scientific debate, to
correct one another.
(The video recording was stopped.)
COMMISSIONER MCDANIEL: That's good enough, Troy.
Thank you. That's good enough.
I -- I think it's important that -- that you folks at least understand
my position. I haven't -- I haven't really adjusted from my position
since the beginning of this.
I -- the virus is real. There are people that are going to get sick,
and there are going to be people that pass away. And empathy for
those -- for those people is -- is the utmost from my heart, but I think
we have approached this from a -- in my mind, a counterintuitive
process.
I asked on March 13th that we reach out and protect our most
vulnerable population. I don't think we, as a society, have done a
very good job of that. Folks that are of age and have comorbidities.
We've done an admirable job of assisting folks who have
actually tested positive, but the case management after that has been
lackluster, at best. Lackluster.
I mean, our health department has told us regularly that they're
at an 85 percentile on the contact of the positive cases. That means
15 percent of the people that did test positive slipped back in to
wherever they came from and didn't get managed.
I would rather, than a mandate, we focus our energies on
education. I have said from the beginning, educate, don't mandate.
We have had enormous positive effects of education with our efforts
with our -- with our folks over in Immokalee. I mean, you know,
20 -- nearly 20,000 of the 88,000 tests that have been conducted in
Collier County have been done in that ZIP Code of Immokalee on
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less than 10 percent of Collier County's population.
And it takes a community to -- to work through that process. I
host -- or not host, but the health department now hosts it. We have
a call every week. I missed it today. But we bring the partners
together, we talk about the issues of the community. We talk about
the services that the government is offering to assist positive cases. I
have promised regularly that no one will be deported, and no one will
be denied care, irrespective of their capacity to pay for that care. But
educate, not mandate.
The data that John Mullins did for us was -- was, to me, a decent
outside opinion from our staff, which is what we have done, what I
asked us to do back when this mandate came about. There really is
no substantive shift in communities, on a community basis, to
warrant the mandate.
Is there a benefit in wearing a mask? I will answer that
question. Yes, if you're put in places where you can't properly
socially distance, if you are symptomatic of anything. I -- I think
we've educated our population for it to become an obligation to wear
a mask and/or not go at all.
It's difficult for me when we have two incorporated communities
within Collier County who have -- one chose to opt out, out at all, the
city of Naples, and the other two chose not to opt in. We have
community members traveling to and from those areas. We have
visitors traveling to and from Collier County every single day from
other communities.
That's one of the reasons why I reached out to those heavily,
heavily populated communities of Dade, Broward, Palm Beach,
Orange, and Pinellas Counties. All five of those counties have had
mask mandates and lockdown, shutdown orders for quite some time.
And if you take some time --
I think, County Manager, we distributed this to the board a week
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or two ago, if I'm not mistaken. I asked you to anyway, make sure
you get it to them. I mean, because it's all a matter of public
knowledge. But have a look at that data.
There -- everybody kind of sort of did the same thing. Maybe
at different times, and -- and I know -- I know John with our health
department talked today. There's a lot -- you know, it doesn't take
very much, and you can tweak that data. But, basically, everybody
did the same thing on singular points with regard to what's going on
in the world, in the country.
Everybody's -- everybody's numbers were coming down in that
first 45 days, and everybody's numbers started to go up as soon as we
went to phase one. Everybody's numbers were coming down in
phase two. And the governor moved us to phase three, schools have
been open for a month and a half, what do you think the numbers are
going to do?
Have you looked -- and forgive me for pointing at you, but have
you looked at -- have you looked at the average age of the positive
cases? It's tanking as well. It's come down to 41 in Collier County
right now.
So, one of our speakers spoke today, I -- I was listening. You
know, I listened to all of them. And we have all struggled with this
decision, coming at it from different viewpoints.
Arguably, there are -- I'm not in opposition of masks. I am in
absolute opposition of the mandate. And I would prefer that we
spent our money and our time and our energy in education. Educate
our population on the benefits of wearing a mask when you're in that
spot, the benefits of eating properly and increasing your own immune
system, washing your hands, don't pick your nose with the pointy end
of your finger that you just hit an elevator button with and a million
people haven't -- haven't sanitized it, use the back of your knuckle.
Use your nondominant hand to adjust your glasses. Little social
October 22, 2020
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things that will help benefit all of our community in staying healthier
longer.
CHAIRMAN SAUNDERS: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Well -- oh. Wrong
microphone.
See, I guess we're all stuck in the same position, because I can't
see any difference. I can see demanding it if we could see that by us
wearing the masks, our figures had plunged compared to everybody
else's, if we could see that it's made a big difference, but it hasn't
made it at all.
We see the other areas right around us, and they're -- they have
the same thing. I've got people from Marco Island demanding that
we use masks. They don't have masks.
You know, but I want to tell you all, we all can wear them
anytime we feel like it. We can put a sign on our business saying do
not enter unless you have a mask, and people will adhere to that; they
will obey it. And you have the freedom to do that, and I -- I think
that that -- that's all people are saying.
We've still got smart heads on our shoulders, and we don't -- I
know -- I don't know about you guys, but when I go into a crowded
store, I put a mask on all the time. You know, you have to -- you
know, you have to be safe, you have to be smart about the whole
thing.
Nobody has to mandate me to do that, I just do it because I care
and I figure that other things -- same thing, I go to certain
particular -- like, for instance, if I would go -- I don't go to the sports
park, but if I was going to the sports park, I would probably wear a
mask because there's so many people there, and you want to do that.
Or like the elections office, where I suggested, according to Jennifer's
request, that we ask them to wear masks there because they're all
going to be in close contact, and I think that that would be a smart
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thing to do.
But the rest of it -- I want to tell you, if we don't have a mask
there, nobody's goes to stop wearing them, because there's a lot of
people that they real -- feel that they really need to. Let them.
You know, the business, the same thing. "Well, I can't open my
business unless I have a mask mandate." Well, that's good, they can
do that. But we're not forcing them to do it, they are -- they're doing
it because they want to.
And -- and I -- I just -- I -- I just hate government overreach. I
just do. And I feel that people are smart enough to know how to
protect themselves without you telling them what they have to do.
Especially when nobody else tells them that they have to do it, and
they're all just as safe as we are.
CHAIRMAN SAUNDERS: I was -- I was out in Arizona a
couple weeks ago. My brother had some surgery out there, so I went
out for -- I was there for a week. And they have a statewide mask
mandate, and I'll tell you, everywhere I went, every store, gas station,
everywhere, people were wearing their mask. And they really
weren't -- and I asked a couple people what they thought about it.
No one had any -- any particular problems with it. The ones I talked
to. That doesn't mean no one had any problems with it, but just the
few people that I talked to. And the -- kind of the consensus was it's
a minor intrusion, and it may have a positive impact.
Now, in Arizona the numbers have come way down, from what
I understand, since they imposed a statewide order. And businesses
are busy, people are shopping, but they're wearing their mask and
doing those sorts of things. And I just wanted to mention that
because there -- there is at least some evidence that I've seen that
these types of things work.
Also, we're at -- we're only at the beginning of what is going to
be a major surge in cases. We had, I think, almost 70,000 cases in
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the United States. Now Florida, the weather is good here. It's
actually getting better, the weather is getting better for outdoor
activities in Florida now, but it'll -- it'll -- we'll get to that point where
we have a lot of people coming to our community, doing indoor
activities.
And I'm going to turn this over to Commissioner Taylor in just a
moment, but I'm going to ask the county attorney to go through the
changes that I had recommended. And the one change that is, I
think, very significant is this will apply where social distancing is not
feasible. So, I know a lot of people have been concerned about how
we would apply this.
And then, also, there's a change clarifying that this is not a
criminal sanction. It's purely a code enforcement sanction or issue
that is complaint driven.
And so, we'll get to you in a few minutes, Mr. Klatzkow. So, I
want that -- that explained.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, just one thing. And,
Commissioner McDaniel, the -- on what you gave and the data you
gave me -- I don't think you can understand me. So what
you -- what you gave us and the data that you gave us under
fatalities -- now, Lee County, I don't believe -- I believe areas of Lee
County have mask mandates, but Lee County doesn't.
COMMISSIONER MCDANIEL: That's correct.
COMMISSIONER TAYLOR: Their fatalities are staggering
compared to Collier County.
COMMISSIONER FIALA: What are the numbers, please?
COMMISSIONER TAYLOR: Well, let's just -- let's just put it
on the visualizer. I'd like to go to fatality southwest Florida, and
also fatality -- fatalities various counties, but especially southwest
Florida.
October 22, 2020
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And the gray line is Lee County, the red line is us, and the other
line -- the orange line is Palm Beach.
MR. OCHS: Charlotte, ma'am.
COMMISSIONER TAYLOR: Oh, Charlotte. Pardon me. I
saw Palm Beach.
MR. OCHS: That's on the --
COMMISSIONER TAYLOR: Oh, that's the phase. Okay.
Beg your pardon, that's correct. Charlotte is there, and we are the
red, and this is Lee County. And then if you go to the -- I mean, Lee
County leads hospitalizations. There -- so many more than we have
had.
So, again, from my reading -- and I'm not a scientist, so please.
But what I'm reading is saying that masks might reduce the severity,
the severity of the pandemic, of the virus. And it's the severity that
frightens us all.
And when you heard this very poignant and very, very sad
testimony of this mother who is describing what her son has gone
through -- I mean, that's -- we still don't know so much about this.
And if -- if we can mask to -- to protect other people and -- and
to -- to bring a sense of compassion and empathy to this terror of this
pandemic that we really don't know enough about it, I think -- I think
it's so little that we can do, and I think it's so important that we do it.
CHAIRMAN SAUNDERS: All right. We have two more
general comments, and then I think it will be appropriate to have the
comments from the county attorney.
Commissioner Fiala?
COMMISSIONER FIALA: You know what? I've forgotten
what you just said. And I had a reply before Penny started, and I
didn't write it down, and there was something I -- whatever you said.
CHAIRMAN SAUNDERS: I have no idea what I said.
COMMISSIONER TAYLOR: About Arizona? About
October 22, 2020
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Arizona?
COMMISSIONER FIALA: No. It was after that. It was just
something about --
CHAIRMAN SAUNDERS: I was saying -- what I said after
that is that we were on -- really on the cusp of a surge of COVID
cases throughout the country. We've had about 70,000 new cases
per day for the last couple days. Predictions are that those numbers
are going to go up dramatically as it gets colder.
And I mentioned that Florida -- we're in an ideal situation in
Florida because, actually, the weather's getting better for outdoor
activities now, but that's going to change.
And we have to be prepared for what I believe will be people
coming to our community, many of which are likely to be COVID
positive, and this seems to be a simple way to protect ourselves, our
visitors, our businesses, and to keep -- keep businesses open.
As a matter of fact, the -- I know the chamber of commerce
doesn't represent all businesses, but the chamber of commerce has
come out in support of continuing the mask mandate.
COMMISSIONER FIALA: They're in the city of Naples also.
CHAIRMAN SAUNDERS: They're -- yeah, they're all over.
But they -- they are supportive. And, now, originally they would not
support a mask mandate. They said we're not going to oppose it, but
we're not going to take a position one way or the other. Well,
they've changed.
And while I'm mentioning that, let me just pull up the -- the
letter if I can find it.
COMMISSIONER FIALA: Oh, that's okay.
CHAIRMAN SAUNDERS: It's an interesting --
COMMISSIONER SOLIS: I've got it.
CHAIRMAN SAUNDERS: You have it? If you'd read it,
that's an interesting paragraph from Michael Dalby that I think --
October 22, 2020
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COMMISSIONER SOLIS: This was in -- Mr. Chair, if you
want me to read it?
CHAIRMAN SAUNDERS: Yes, sir.
COMMISSIONER SOLIS: Sure. It's -- this is an email from
Michael Dalby to the chairman.
Dear Chairman Saunders and Board of County Commissioners,
we respectfully ask to read the following statement from Chamber
President and CEO Michael Dalby into the record.
COMMISSIONER FIALA: Got it. I remember now.
COMMISSIONER SOLIS: The Greater Naples Chamber
continues to support measures, including mask
requirement -- masking requirements, that keep our economy open.
We have received little negative feedback on the current masking
requirements. The vast majority of employers have
adopted -- adapted to the requirements and are willing to do their part
to encourage consumer confidence and safety and to help our local
economy recover.
With the COVID-19 numbers unfortunately increasing in Collier
County, see attached, and our seasonal residents returning, we believe
it makes good sense to continue the masking requirement for the time
being.
Thank you for your time and consideration, Michael Dalby.
CHAIRMAN SAUNDERS: Commissioner McDaniel. And
then we'll turn to the county attorney for --
COMMISSIONER FIALA: And I -- I do remember what I was
going to say.
CHAIRMAN SAUNDERS: Yes. Go ahead.
COMMISSIONER MCDANIEL: She can go first.
CHAIRMAN SAUNDERS: Go ahead.
(Simultaneous crosstalk.)
COMMISSIONER FIALA: Okay. Fine.
October 22, 2020
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We were -- you were talking about code enforcement, and we
were talking about the people who aren't wearing their masks.
If we -- if we put a mask mandate or if we extend this mask
mandate anyway, even though the governor is stopping theirs, one of
the -- one of the deputies asked me -- he said, "I have no right to even
go and, you know, recommend anybody because now, you know, the
governor has said it's okay to be without masks." And same with the
City of Naples.
CHAIRMAN SAUNDERS: The way we did this was to take
the sheriff's office completely out of the picture.
COMMISSIONER FIALA: Okay. How about code
enforcement? How can code enforcement do anything?
CHAIRMAN SAUNDERS: Well, we'll have to have the
county attorney explain that.
COMMISSIONER FIALA: It's -- yeah, because if -- if the
governor has said it's okay, and we're the only guy around that says,
no, it isn't --
CHAIRMAN SAUNDERS: I understand. It's a little bit more
complicated than that. I'll have --
COMMISSIONER FIALA: Okay.
CHAIRMAN SAUNDERS: I would ask the county attorney to
address that.
COMMISSIONER FIALA: Thank you for letting me say that.
CHAIRMAN SAUNDERS: Commissioner McDaniel, then
let's turn it over to explain the -- the new draft.
COMMISSIONER MCDANIEL: Well, the county attorney
can come on up if you want, because my questions kind of are for
him as well.
One of my -- one of my issues with this -- any mandate, again, is
what I understood in the moving to phase three and the preemption of
personal or individual penalties for the violation of local mandates
October 22, 2020
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were -- are we putting ourselves in a position where we're creating a
new ordinance that isn't enforceable?
CHAIRMAN SAUNDERS: Mr. Klatzkow, if you could
address that, and then if you would go through the proposed changes
for our consideration.
MR. KLATZKOW: Yeah. I'll need to take my mask off.
I believe you've got the police power to enact this order, yes,
and I believe it's enforceable, yes.
Getting to the changes that Commissioner Saunders had asked
me to make. First off, in answer to Commissioner Fiala's question,
what the governor did was he limited the enforcement of mask orders
and barred the enforcement against individuals. Businesses he
allowed to be continued to be fined.
And we called the governor's office, and it was confirmed, yes,
you can still fine businesses for letting people into their businesses in
violation of local ordinance, but we don't want -- we are suspending
all fines against individuals. So, the governor made that differential,
which you'll see has been put into place in this proposed order.
The highlighted portions are the changes from the new order as
compared to the old or the current order, which expires midnight.
And the first substantive change is that first we're going to define
social distancing. It's a safe space between yourself and other people
who are not from your household. At least 6 feet from other people.
And this is directly, word for word, out of the CDC guidelines.
What we then did was -- what we said was an owner, manager,
employee, customer, or patron of a business establishment must wear
a face covering while in a business establishment where social
distancing is not possible.
So, in other words, a business that has the ability to have people
there who can socially distance, this order would not regulate. It's
when -- the order is intended to regulate those situations where
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people are packed together.
Think of a movie house as an example. A full movie house,
people are just crammed all into one room, it's indoors. Social
distancing, unless it's a really bad movie, is relatively impossible.
Other places, clearly social distancing is an easy thing to do.
Commission Saunders expressed he wanted to remove the
sheriff from any possibility of having to enforce.
CHAIRMAN SAUNDERS: The sheriff has never been
involved.
MR. KLATZKOW: Never been involved. But there's been
allegations --
CHAIRMAN SAUNDERS: We're not removing the sheriff
from this, but we're just clarifying.
MR. KLATZKOW: There have been allegations
or -- allegations may be too strong a word. There's been
misconceptions that the sheriff could do this. We wanted to
expressly put into the ordinance that the only enforcement agency,
Collier County Code Enforcement.
This can be complaint driven, which is how we operate anyway.
So, our code enforcement agency would have to receive a complaint,
they'd have to go there, determine there was a violation, and then the
alleged violator would have to refuse to comply. Okay? Because
our code enforcement has always been compliance driven. So
we're -- so we don't really look into anything unless there's a
complaint, and then when we do, we're always trying to get
compliance.
After that --
CHAIRMAN SAUNDERS: You need to move that down.
There you go.
MR. KLATZKOW: Yeah. Because of the governor's order
that I spoke to earlier, we wanted to make it clear that the citations
October 22, 2020
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are to businesses only, not to individuals.
We also want to make clear -- because, again, there was a
misconception on this. The order was never intended to constitute a
criminal penalty. We want to expressly put into here that, no, this is
not a criminal penalty. This is just a civil citation against businesses
who refuse to comply.
CHAIRMAN SAUNDERS: All right. Then I'm going to ask
you one question, then I'll turn this over to Commissioner McDaniel
and then Commissioner Solis.
What we are doing, this is not an emergency -- maybe you need
to kind of guide me on this. This is a -- this is a regularly scheduled
county commission meeting; this is not an emergency meeting.
Would this be considered an emergency order, or what would be the
characterization of that? It just says order on there.
MR. KLATZKOW: No. You have -- you enacted this in an
emergency situation, but this is -- you've enacted this order, you then
extended this order, now this is the third time this is before you.
At this point in time, you cannot say that this meeting is an
emergency. Had it been an emergency, you would've acted at your
prior meeting on Tuesday. This is just a natural evolution of this
particular order.
CHAIRMAN SAUNDERS: Commissioner McDaniel?
COMMISSIONER MCDANIEL: So, is this an emergency
executive order?
MR. KLATZKOW: No.
COMMISSIONER MCDANIEL: No. Has it -- and it hasn't
been in -- and, again, this is one of my questions. I've -- I've been
reading about the process, the due notice to the public, the proper
advertising, having these emergency meetings. We had ample time
last week, in our stated communication for -- for -- to notice of a -- of
a -- an impending meeting, and it's not being done and I -- I -- you
October 22, 2020
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know, I didn't -- I have -- I have issues with the -- I have issues with
the mandate at all. I've said that regularly, I'm not going to come off
of that.
I just -- and I -- and I think we're just moving -- we're moving
from one unenforceable mandate to another and -- without any good
evidence to -- other than fear or the theory of fear, to warrant
continuing it.
Now, I -- I do -- so that's my statement there. I'm not going
to -- I'm good with that.
Commissioner Taylor, I -- you questioned -- you were
questioning some of the data with regard to --
COMMISSIONER TAYLOR: No, not questioning, just
making a statement.
COMMISSIONER MCDANIEL: And I want to clarify that
statement, in that as -- as was said by John from the health
department, if he's still back there, there's a lot of information that
comes into this. And you -- one of the statements that you made was
the -- a large amount of fatalities for Lee County, in comparison to
Collier, when in fact it's just about double, and it's based upon the
population of the community. Lee County is double in population to
us.
COMMISSIONER TAYLOR: If it was a flat line, I would
accept that; but it's not, it's a huge peak.
COMMISSIONER MCDANIEL: I understand, I understand.
I just --
CHAIRMAN SAUNDERS: Commissioner Solis?
COMMISSIONER SOLIS: I just want to revisit something that
the county attorney just said.
So -- so you actually contacted the governor's office to figure
out what the governor's position was on the effect of the governor's
order on our order and whether or not -- well, let me -- let me
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rephrase that.
You actually called and contacted the governor's office to find
out whether or not the governor's order would prevent us from
enforcing through code enforcement on businesses?
MR. KLATZKOW: Yes, sir.
COMMISSIONER SOLIS: And the governor's office said that
we could -- that was okay, they -- the order was limited to
enforcement and fines against individuals?
MR. KLATZKOW: Yes, sir.
COMMISSIONER SOLIS: The governor's office could have
said you can't do this on businesses either, right?
MR. KLATZKOW: The governor could've preempted local
governments at any time.
COMMISSIONER SOLIS: Right.
MR. KLATZKOW: It has been the governor's policy to allow
local governments to put in whatever measures they deem to be
appropriate. Because what's happening in the Panhandle is very
different than what's happening, for example, in east Florida or even
here.
Palm Beach County, Miami-Dade, what's happening there is
very, very different than what's happening in more rural parts of the
state. It would've made very little sense for the governor to have a
statewide mask mandate because of that.
So he expressly stated enumerable times, "I am leaving to local
government to enact these measures," and he could've preempted you
at any time.
COMMISSIONER SOLIS: And then the other question I had
is -- and I have a copy of what you sent me. I had just asked, you
know, what was the status of all of the ordinances that you had
looked at before, when we started visiting this, throughout the county
and -- and had they been extended, had they expired, had they been
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renewed, that -- and -- and so I'm -- I didn't count them up, but I've
got four pages.
MR. KLATZKOW: Yes, sir.
COMMISSIONER SOLIS: And I think you highlighted for me
the ones that had either been -- had either expired or repealed -- had
been repealed.
MR. KLATZKOW: Yes, sir.
COMMISSIONER SOLIS: And so I'm counting one, two,
three, four, five of the -- I would assume that there's a hundred.
MR. KLATZKOW: Something like that. I didn't count.
COMMISSIONER SOLIS: So, there's been five that have been
either repealed or have been allowed to expire.
MR. KLATZKOW: Yes. The -- it's clear that the vast
majorities of counties who have enacted these measures have
continued these measures.
COMMISSIONER SOLIS: Okay. Thanks. That's all
I -- that's all I --
CHAIRMAN SAUNDERS: Commissioner Fiala. And then I
think we're ready to --
COMMISSIONER FIALA: Thank you.
CHAIRMAN SAUNDERS: -- have a motion one way or the
other on this.
COMMISSIONER FIALA: So, what happens to the people
who will not wear a mask, whether it be for health reasons or
otherwise?
MR. KLATZKOW: From the county's perspective, we're not
going to do anything. Now, if a business wishes to bar them entry,
that's -- that's on the business, okay, but there's no infraction of this
ordinance as to this -- quite frankly, there's never been an infraction
on an individual. The original order was set up to put the onus on
businesses to enact these measures by basically barring people at the
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door.
COMMISSIONER FIALA: Okay.
CHAIRMAN SAUNDERS: All right. Nobody else's light is
lit up. Is there a motion one way or the other?
COMMISSIONER FIALA: I vote to let it die.
CHAIRMAN SAUNDERS: All right. Is there a second?
COMMISSIONER SOLIS: Was that a motion?
COMMISSIONER FIALA: Yes.
CHAIRMAN SAUNDERS: It's a motion to -- quite frankly, I
don't have a problem with that motion because I think that order
should -- should go away, but we do have a new order. So, from a
procedural standpoint, we can support that motion. The order that's
in place now goes away anyway.
COMMISSIONER MCDANIEL: So, we can get credit for
killing the ordinance that's in place while --
CHAIRMAN SAUNDERS: We're --
COMMISSIONER MCDANIEL: -- you enact a new one.
CHAIRMAN SAUNDERS: We're going to run over the
roadkill.
COMMISSIONER MCDANIEL: Second Commissioner
Fiala's motion. It's not funny, but I'll second it.
CHAIRMAN SAUNDERS: No, it's a -- it's a good point
and -- and let me call for the question on that now. The only thing
we're voting on at this point is the order that's in place now, and the
motion is to let that expire.
COMMISSIONER FIALA: Thank you.
CHAIRMAN SAUNDERS: All in favor signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
October 22, 2020
Page 126
COMMISSIONER MCDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: That passes unanimously.
Now, I have presented to you an alternative order. I don't know
if there's any support for it, but --
COMMISSIONER SOLIS: I --
CHAIRMAN SAUNDERS: It's time now for us to put this to
bed one way or the other.
COMMISSIONER SOLIS: I'll make a motion to approve the
revised order that was presented by the chairman, with the changes
that are indicated.
COMMISSIONER TAYLOR: But, but --
CHAIRMAN SAUNDERS: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. Excuse me. And I'll
second it if you tell me how long it's going to be. That's -- that's --
CHAIRMAN SAUNDERS: We do not have an ending period
in this, and that is a good -- an excellent point.
COMMISSIONER TAYLOR: So, I mean, do we -- you know,
we've heard suggestions until there's a vaccine; we've heard
suggestions through the season.
COMMISSIONER SOLIS: I would suggest that -- because, I
mean, my focus has been the businesses are concerned about the
season, that we -- we extend it through the end of the season. If at
some point --
COMMISSIONER FIALA: You mean like in July?
COMMISSIONER TAYLOR: No. April.
COMMISSIONER SOLIS: Is that the season?
COMMISSIONER FIALA: I don't know what season you're
talking about. Right now we're going into high season for our area.
COMMISSIONER SOLIS: Right. And it usually ends when,
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around Easter?
COMMISSIONER FIALA: Yes.
COMMISSIONER SOLIS: Yeah.
COMMISSIONER FIALA: You want to extend it until Easter?
COMMISSIONER SOLIS: And if at any time we are advised
by the CDC, the governor's office, the health care professionals, the
department of health, that it's no longer needed, I will be the first one
to bring it back prior to April.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN SAUNDERS: So, we -- we haven't defined that
season. So, you're saying --
COMMISSIONER FIALA: You better define it.
COMMISSIONER TAYLOR: I was looking --
CHAIRMAN SAUNDERS: While he is looking for a date to
put into this, any time this commission is in session, we can rescind
an order or extend an order. So if there's a date put in here, if it's,
you know, April 15th, whatever the date is, if in January we decide
that this is not the way to go, we can always repeal an order in
a -- whenever this commission is meeting.
COMMISSIONER SOLIS: The season's always been
considered through -- through Easter.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER SOLIS: And Easter in 2021 falls on
April 4th. So, I would -- I would amend my motion to have it expire
at midnight on April 5th.
COMMISSIONER TAYLOR: Would you consider moving it
to a meeting date, rather than having to have a special meeting?
COMMISSIONER SOLIS: Good point.
COMMISSIONER MCDANIEL: Just let it expire.
COMMISSIONER TAYLOR: So -- well, I mean, it's --
MR. OCHS: Your first meeting date in April is the 13th.
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COMMISSIONER TAYLOR: The 13th. And tax day is the
15th, so that's very good time --
COMMISSIONER SOLIS: Yeah.
COMMISSIONER TAYLOR: -- frame.
CHAIRMAN SAUNDERS: So, you're amending your motion
to --
COMMISSIONER SOLIS: To -- to the 13th.
CHAIRMAN SAUNDERS: Right.
COMMISSIONER FIALA: So, let's see, that's November,
December, January, February, March, April. Six more months.
COMMISSIONER SOLIS: I'll -- I'll amend my motion to
include that.
CHAIRMAN SAUNDERS: We have a motion, a second.
Commissioner McDaniel, you're lit up again.
COMMISSIONER MCDANIEL: Yes. I -- first off, if I were a
proponent of mandates, I want to compliment you on the preparation
of this mandate.
I'm not a supporter of mandates, as I've already said to you, but I
do want to say to you, since this entire process, short -- short of the
stay-at-home order in March, that was a bit distressing, but you have
managed this mask issue very appropriately.
Before the mandate came out, you talked about the validity of
wearing masks. You talked about -- you talked about it was cool to
wear a mask, trying to incentivize people to know and understand
that benefit. It saddens me that we have to move to some kind of a
local government ordinance to, theoretically, induce people to
comply.
But having said -- I'm not going to support the motion, of
course, but the compliment is you -- you watered down the last
ordinance that was brought before us that had criminal charges and
all kinds of unrealistic processes in place. And, again, I even said
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Page 129
after that meeting that if I were someone that could support a
mandate, you did a good job in making that one halfway palatable,
so -- I'm not in favor of the motion.
CHAIRMAN SAUNDERS: I'm going to call for the vote in
just one quick second, but I am going to make two quick comments.
One is I want to thank the board and our staff for your patience
and the public. It's been pointed out that we've had four or five of
these long -- very long hearings, and I think that's been very helpful,
and I think it's been very important because these are very difficult
issues, very emotional issues, and we've been able to kind of keep up
with the science on this. So, at some point, if the science changes
between now and April, we can come back and rescind this order any
time we're in session.
But I really want to thank -- thank our staff and my fellow
commissioners and the public, again, for being patient. These are
long, difficult issues.
I believe that this order is the right thing to do. I believe that
we will be judged -- we are always judged by the things that we don't
do. If we don't extend this order and we have a tremendous spike in
cases, then we made a mistake. If we adopt this order and there are
no cases and there's no spike, no one will know if we did the right
thing or not, but at least we'll know we didn't do the wrong thing,
from the perspective of adopting this order.
So, with that, if there's no further discussion, all in favor signify
by saying aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER MCDANIEL: No.
COMMISSIONER FIALA: I would never vote for that. No.
October 22, 2020
Page 130
CHAIRMAN SAUNDERS: That passes three to two.
Mr. Ochs, do we have any other business to conduct?
MR. OCHS: No, sir.
CHAIRMAN SAUNDERS: All right. If not, we are
adjourned.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 7:21 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 REBBECCA L. CRANE, RPR, FPR,
COURT REPORTER AND NOTARY PUBLIC.