BCC Minutes 05/10/2016 R BCC
REGULAR
MEETING
MINUTES
May 24, 2016
May 10, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 10, 2016
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m., in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRWOMAN: Donna Fiala
Tom Henning
Georgia Hiller
Tim Nance
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
May 10, 2016
9:00 AM
Commissioner Donna Fiala, District 1 — BCC Chair
Commissioner Tim Nance, District 5—BCC Vice-Chair; CRAB Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Representative
Commissioner Penny Taylor, District 4 — CRAB Vice-Chair; TDC Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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May 10,2016
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Michael Smith-New Hope Ministries
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. April 12, 2016 - BCC/Regular Meeting Minutes
3. SERVICE AWARDS
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May 10, 2016
4. PROCLAMATIONS
A. Proclamation designating May 2016 as Motorcycle Safety Month and to
promote motorcycle awareness and safety in Collier County. To be accepted
by representatives of American Bikers Aimed Toward Education - ABATE
of Florida Inc. — Gator Alley Chapter: John Stevens, President; Lynn Corr,
Legislative Trustee; Laurajo Smith, Communications; and William
"Riffraff' Breen, Safety Director.
B. Proclamation designating May 2016 as National Drug Court Awareness
Month in Collier County. To be accepted by The Honorable Janeice Martin,
Presiding Judge; Ashley Swan, Case Manager; members of the Drug Court
team (Judge, Prosecution, Defense and Clinicians) and many participants.
C. Proclamation declaring May 21-27 as National Safe Boating Week in Collier
County, in conjunction with the North American Safe Boating Council's
campaign to spread the message of boating safety and the importance of
wearing a life jacket every time on the water. To be accepted by members of
the U.S. Coast Guard Auxiliary Flotilla 95: Commander Keith Wohitman,
Doug Bartlett, Joe Riccio and Doug Johnson.
D. Proclamation designating May 2016 as National Fair Housing Month in
Collier County. To be accepted by Michael Puchalla, Executive Director -
HELP (Housing. Education. Lending Programs).
E. Proclamation designating May 2016 as Drowning Prevention Month in
Collier County, recognizing and promoting community drowning prevention
efforts, education and programs. To be accepted by representatives of the
NCH Safe and Healthy Kids Coalition of Collier County: TJ Snopkowski,
Coalition Program Coordinator; Danna Breeden, Coalition Board Chair;
Paula DiGrigoli, Board Member; and other coalition members, staff
members and supporters.
F. Proclamation designating May 15-21 as Emergency Medical Services Week
in Collier County, in recognition of the dedication of all emergency medical
professionals serving in a variety of roles. To be accepted by Walter Kopka,
Chief, Collier County EMS.
G. Proclamation designating May 2016 as Trauma Awareness Month in Collier
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May 10,2016
County, recognizing the accomplishments of the Lee Memorial Hospital
Trauma Center and its critical role to citizens and visitors of Collier County.
To be accepted by representatives of the Lee County Trauma Services
District (which includes Charlotte, Collier, Glades, Hendry and Lee
Counties) - Dr. Robert Tober, Member, Regional Advisory Committee on
Trauma Services and Medical Director, Collier County, EMS &
Neighborhood Health Center; and Pat Barton, Member, Regional Advisory
Committee on Trauma Services.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for May 2016 to
First Florida Integrity Bank. To be accepted by Gary L. Tice, Chairman and
CEO, First Florida Integrity Bank; Holly Burghardt, Vice President-Branch
Manager, First Florida Integrity Bank; Michael Dalby, President and CEO,
the Greater Naples Chamber of Commerce; Kristi Bartlett, Vice President,
Economic Development, the Greater Naples Chamber of Commerce; and
Ashley Porraro, Account Executive, the Greater Naples Chamber of
Commerce.
B. Presentation to recognize Amitay Tadmor for earning the Boy Scout's Dr.
Bernard Harris Supernova Award. The Supernova award recognizes superior
achievement by a boy scout in the fields of science, technology, engineering,
and mathematics (STEM). Amitay is a senior patrol leader of Troop 951,
and he is in attendance today with his parents Mr. and Mrs. Tadmor, and Mr.
James Giles, District Executive, Boy Scouts of American Southwest Florida
Council.
C. Recommendation to recognize Jeanne Marcella, Executive Secretary,
Growth Management Department as Employee of the Month April 2016.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
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May 10,2016
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to direct the County Manager to cease all further review
and otherwise not process the application for a PUD Rezone filed by Robert
Vocisano and Mario Vocisano with respect to the Golden Gate Golf and
Country Club, and to direct the County Attorney to take any action
necessary to enforce a restrictive covenant set forth in the subject parcel's
Warranty Deed to keep the golf course open to the public for golf, tennis,
swimming and other recreational uses. (Commissioner Henning)
11. COUNTY MANAGER'S REPORT
A. Recommendation to direct the County Attorney to prepare and advertise an
Ordinance amending Ordinance No. 2013-69 as amended, to add a new
section establishing a vendor payment dispute resolution process in
accordance with the Local Government Prompt Payment Act (LGPPA).
(Tim Durham, Executive Manager Corporate Business Operations)
B. This item to be heard at 10:00 a.m. Recommendation to provide direction
to staff regarding the use of fluoride in the public potable water supply
distributed by the Public Utilities Department's Water Division. (Steve
Carnell, Public Services Department Head)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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May 10,2016
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Mockingbird
Crossing, PL20140001607, and to authorize the County Manager, or
his designee, to release the Final Obligation Bond in the amount of
$4,000 to the Project Engineer or the Developer's designated agent.
2) Recommendation to approve final acceptance of the water and sewer
facilities for Terracina Grand, PL20140001444, accept unconditional
conveyance of a portion of the water facilities, and to authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$19,788.31 to the Project Engineer or the Developer's designated
agent.
3) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Hacienda
Lakes of Naples, Phase 1, PL20140000433, and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the total amount of$4,000 to the Project Engineer or the
Developer's designated agent.
4) Recommendation to approve final acceptance of the water and sewer
facilities for Sandalwood Village, PL20140002790, accept
unconditional conveyance of a portion of the water and sewer
facilities, and to authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation
Bond in the total amount of$38,480.08 to the Project Engineer or the
Developer's designated agent.
5) Recommendation to approve final acceptance of the water utility
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May 10,2016
facilities for Youth Haven, PL20140002336, accept unconditional
conveyance of a portion of the water facilities, and to authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$7,044.81 to the Project Engineer or the Developer's designated agent.
6) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Arthrex Commerce Park
Application Number PL20110000783, with the roadway and drainage
improvements being privately maintained, authorizing the release of
the maintenance security, and acceptance of the plat dedications.
7) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plats of Camden Lakes and
Camden Lakes Phase lA Application Numbers PL20110000747 and
PL20130001071 with the roadway and drainage improvements being
privately maintained and authorizing the release of the maintenance
security.
8) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Quarry Phase 4
Application Number PL20110002575 with the roadway and drainage
improvements being privately maintained and authorizing the release
of the maintenance security.
9) Recommendation to approve final acceptance of the private roadway
and drainage improvements for the final plat of Marsala at Tiburon
(AR-7629) and authorize the acceptance of the plat dedications and
release of the maintenance security in the amount of$211,836.03.
10) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, for the final plat of
Piacere - Pavia, Application Number AR-9836, authorize the release
of the maintenance security and accept the plat dedications.
11) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Buckley Parcel, (Application
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May 10, 2016
Number PL20150002371) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Cay of Naples at Hacienda
Lakes, (Application Number PL20150002352) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
13) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve an extension for completion of required subdivision
improvements associated with Naples Motorcoach Resort (AR-12512)
subdivision pursuant to Section 10.02.05 C.2 of the Collier County
Land Development Code (LDC).
14) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve an Excavation Performance Agreement and accept an
alternate excavation performance security to replace the existing
excavation performance security, for the project known as the State
Road 846 Land Trust Mine, Commercial Excavation Permit 59.703-2,
PL20100000204.
15) Recommendation to authorize a budget amendment to fund landscape
architectural services for SR 84 (Davis Boulevard) from County Barn
Road to Santa Barbara Boulevard.
16) Recommendation to award Contract No. 16-6608, County Wide
Pathways - Outer Drive Sidewalk Project, to Bonness, Inc., in the
amount of$294,746.17, Project No. 60118.3.
17) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement (Agreement)
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May 10,2016
between Collier County and The Moorings, Incorporated, for
landscape and irrigation improvements within the Airport-Pulling
Road Public Right-of-Way.
18) Recommendation to approve an Amended and Restated Developer
Agreement (DA) between the developer of Parklands PUD, Parklands
Associates I, LLLP, (Developer) and Collier County (County) to fund
and construct Logan Boulevard North (Project #33464); to execute the
attached Transportation Regional Incentive Program (TRIP)
Agreement between the Florida Department of Transportation
(FDOT) and Collier County to provide funding in the amount of
$2,663,736 in FDOT Fiscal Year 2015/2016 (Financial Project
#438268-1) for the construction of Logan Boulevard from its current
terminus north of Immokalee Road to the Lee County Line; to
approve a resolution authorizing the Chairman of the Board of County
Commissioner (BCC) to sign the agreement; declare a valid public
emergency to complete the design and post design services in the
amount of$63,250; and approve work orders and necessary budget
amendments.
19) Recommendation to hear Land Development Code Amendments at
two regularly scheduled daytime hearings and waive the night hearing
requirement.
20) Recommendation to adopt a resolution authorizing the Chairman to
execute a Statutory Deed to a 0.0471 acre parcel of land and directing
the County Manager or his designee to deliver the same to the owners
of the Sonoma Oaks PUD in return for a warranty deed to a 0.60 acre
parcel of land after the Board's approval and the chairman's execution
of an agreement setting forth the terms and conditions of the property
exchange.
21) Recommendation to accept the "2016 Indexing Calculations" report,
prepared by Tindale-Oliver and Associates, Inc., in accordance with
the adopted indexing methodology, for the Transportation Impact
Fees and the Correctional Impact Fees and to authorize the County
Manager, or his designee, and the County Attorney to advertise for
future consideration an ordinance amending Chapter 74 of the Collier
County Code of Laws and Ordinances, which is the Collier County
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Consolidated Impact Fee Ordinance, amending the Road Impact Fee
rate schedule, which is Schedule One of Appendix A, and the
Correctional Facilities Impact Fee rate schedule, which is Schedule
Four of Appendix A, in accordance with the 90-day notice
requirements set forth in Section 163.31801(3)(d), Florida Statutes.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve budget amendments in the amount of
$1,133,706.78 to allow continuous operation of the Community Care
for the Elderly, Alzheimer's Disease Initiative, and Home Care for the
Elderly grants for the Collier County Services for Seniors program
from the Area Agency on Aging of Southwest Florida, Inc. prior to
the execution of funding award (Net Fiscal Impact $1,112,466.78).
2) Recommendation to approve a Memorandum of Understanding with
the Southwest Florida Workforce Development Board which will
provide funds to allow up to 130 children to receive recreational
opportunities during the summer (Fiscal Impact $71,500).
3) Recommendation to authorize execution of the grant award for the
Federal Transit Administration 49 U.S.C. § 5339 FY15 grant award in
the amount of$347,686 and appropriate a budget amendment.
4) Recommendation to recognize and approve a donation of$12,790.28
for the continuation of the Library Electronic Assistance Program
through annual recurring funding by the Friends of the Library, Inc.
and approve the necessary budget amendment.
5) Recommendation to approve First Amendment to the Subrecipient
Agreement with Habitat for Humanity of Collier County, Inc., to shift
remaining project delivery funds between line items in order to fully
expend remaining awarded funds for acquisition. There is no net fiscal
impact.
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May 10,2016
6) Recommendation to approve an "after-the-fact" amendment,
attestation statement and budget amendment for the Older Americans
Act Program Title III from Area Agency on Aging for Southwest
Florida, Inc. to reflect the final FY15 grant funding amount. (Net
Fiscal Impact is a reduction in award and match totaling $24,517.67).
7) Recommendation to approve the conveyance of a Grant of Utility
Easement to Comcast of Colorado; Florida; Michigan; New Mexico;
Pennsylvania; Washington, LLC, a subsidiary of Comcast Cable
Communications, LLC, to provide cable connections for "Xfinity"
high speed internet service within the Marco Island Historical
Museum.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve an Assumption and Second Amendment
to Lease Agreement with Embarq Florida, Inc., DBA Centurylink.
2) Recommendation to recognize additional Freedom Memorial Fund
(620) revenue to continue with construction of additional project
elements and authorize necessary budget amendments in the amount
of$76,400.
3) Recommendation to approve an amendment to the agreement with
Florida Department of Transportation for the third year funding of
Fire Station 63 on I-75 and authorize the necessary budget amendment
recognizing State grant funds in the amount of$1,522,069.60.
4) Recommendation to recognize and appropriate revenue obtained
through the dissolution of the Fire Code Official's Office to the
Ochopee Fire Control District's Operating Budget in the amount of
$15,000 and approve the necessary budget amendment.
5) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for modifications to work orders,
change orders, surplus property and other items as identified.
6) Recommendation to approve an Agreement for Sale and Purchase
with Agata Maggio, Saverio Maggio, Vito William Maggio, Frank
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May 10,2016
Maggio, John Maggio, Robert Maggio, and Joann Maggio, at a cost
not to exceed $336,170 to purchase property in Naples Park for
demolition and the future relocation of wastewater Pump Station
101.07 as part of the Wastewater Basin Program, Project Number
70046, on behalf of the Public Utilities Department.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
3) Recommendation to provide after-the-fact approval for the submittal
of Rural Business Development Grant (RBDG) grant application to
the United States Department of Agriculture Rural Development
(USDA) for the Immokalee Culinary and Agribusiness Accelerator in
the amount of a $200,000.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint a member to the Industrial Development
Authority.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) To provide to the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2016-01, Authorized Use of
Motor Fuel Taxes issued on April 6, 2016.
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May 10,2016
2) To provide to the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2016-2, 2015 Fiscal Year-End
Inventory of EMS Helicopter Operations Parts, issued on May 4,
2016.
3) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between April 14 to April 27, 2016 pursuant to Florida Statute
136.06.
4) To provide to the Board a "Payables Report" for the period ending
April 27, 2016 pursuant to the Board's request.
5) Report to the Board of County Commissioners (BCC) regarding the
status of payments to Paradise Advertising and Marketing, Inc.
pursuant to BCC request of April 26, 2016.
6) Report to the Board regarding the investment of County funds as of
the quarter ended March 31, 2016.
K. COUNTY ATTORNEY
1) Recommendation to approve a Joint Motion and Final Judgment in the
amount of$455,000 for total compensation owed for the taking of
Parcels 119FEE and 119TCE in the case styled Collier County v.
RTG, LLC, et al., Case No. 13-CA-259 required for the construction
of improvements to the intersection of US-41 and Collier Boulevard,
Project No. 60116. (Fiscal Impact: $ 339,800)
2) Recommendation to approve an Assumption Agreement substituting
U. S. Legal Support, Inc., for Gregory Court Reporting Service, Inc.,
as it relates to ITB #13-6133 (Court Reporting Services).
3) Recommendation to approve a Joint Motion and Final Judgment in the
amount of$1,715,000 for the taking of Parcels 251DAME,
255DAME, 257DAME, 258DAME, 258TCE1 and 258TCE2, as full
compensation, including all attorney's fees, expert fees and costs, in
the lawsuit style Collier County v. S.D. Corporation of Naples, Inc., et
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May 10,2016
al., Case No. 15-CA-1580, required for the Wing South / Sandy Lane
Interconnect portion of the Lely Area Stormwater Improvement
Project, Project No. 51101, and authorize any necessary budget
amendments. (Fiscal Impact: $976,330)
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. Recommendation to approve (adopt) the Naples Bridge Center small-scale
amendment to the Collier County Growth Management Plan, Ordinance 89-
05, as Amended, for transmittal to the Florida Department of Economic
Opportunity. (Adoption Hearing) (PL20150002525/CPSS-2015-3)
[Companion to Petition CU-PL20150000873]
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution
providing for the expansion of an existing conditional use which allows a
social club in the Estates Zoning District pursuant to Section 2.03.01.B.1.c.2,
of the Collier County Land Development Code for property known as the
Naples Bridge Center located at 5865 Golden Gate Parkway in Section 29,
Township 49 South, Range 26 East, Collier County, Florida (CU-
PL20150000873). Companion item to PL20150002525/CPSS-2015-3).
C. Recommendation to adopt an Ordinance that will implement a six month
moratorium on new applications for development orders involving the
conversion of lands currently zoned for golf course use, during which time
staff will develop and bring forward Growth Management Plan and Land
Development Code amendments to address issues such as the loss of open
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May 10,2016
space, stormwater management, and potential environmental impacts
associated with the conversions.
Note by County Attorney: This moratorium period commenced 4/12/16 (Item 10-
B).
D. Recommendation to approve an Ordinance amending Ordinance No. 2006-
57 to add a new section allowing for the use of golf carts upon designated
roads in the Ave Maria Stewardship Community District (the "District").
E. This item continued to the May 24, 2016 BCC Meeting. Recommendation
to approve a resolution designating the Close-Out of the adopted Twelve
Lakes Planned Unit Development (PUD) which has completed all or a
portion of its development and has constructed up to the authorized density
and/or intensity, and has been found by County staff to have only one
relevant transportation commitment remaining.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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May 10,2016
May 10, 2016
MR. OCHS: Ladies andg entlemen, please take your seats.
Madam Chairman, you have a live mike.
CHAIRWOMAN FIALA: Thank you very much. Good
morning, everyone, and we thank you all for being here today. It's
always wonderful to see an audience full of people.
Did you see all the Boy Scout troop back there? That's just
wonderful. You guys are --
COMMISSIONER TAYLOR: Oh, we can't hear you.
CHAIRWOMAN FIALA: --just so great working with these
kids. Yes?
COMMISSIONER TAYLOR: Talk into your mike.
CHAIRWOMAN FIALA: Pardon me? Oh.
COMMISSIONER TAYLOR: They can't hear you in the back.
CHAIRWOMAN FIALA: Oh, you can't. Well, anyway, thank
you very much, everyone, for being here this morning.
And with that, I would ask you to stand. Where is our minister,
please? Very good. Thank you.
MR. OCHS: This is Pastor Michael Smith from New Hope
Ministries.
CHAIRWOMAN FIALA: Thank you.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — PASTOR
MICHAEL SMITH FROM NEW HOPE MINISTRIES —
INVOCATION GIVEN
PASTOR SMITH: Good morning, Commissioners, ladies and
gentlemen of the community.
Let's bow our heads together in prayer.
Dear Lord and heavenly father, we thank you for your presence
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May 10, 2016
here today. And, first of all, we recognize you have sovereignty over
all things.
We look around this country and we pray for the families that
have been dislodged through wildfires, flooding, vicious tornadoes,
and we thank you for your hand of blessing over your community.
We thank you for safety and protection through our armed forces
and on a local level through our Sheriffs Department and the city
police.
And we thank you this day for divine health for our
commissioners and godly wisdom as they make decisions that affect
our community.
We give you the praise, honor, glory, in your son, our savior's
name, Jesus Christ. Amen.
CHAIRWOMAN FIALA: Thank you.
And with that, would you please put your hands over your hearts
and say with me...
(The Pledge of Allegiance was recited in unison.)
CHAIRWOMAN FIALA: Thank you. And with that, Leo, I'm
going to turn this meeting over to you for a little bit.
MR. OCHS: Thank you, Madam Chair. Good morning,
Commissioners.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES
These are the proposed agenda changes for the Board of County
Commissioners' meeting of May 10, 2016.
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May 10, 2016
The first proposed change is to continue Item 16D5 to the May
24, 2016, board meeting. This is an amendment to a sub-recipient
agreement for Habitat for Humanity of Collier County, and this request
was made by Commissioner Fiala.
The next proposed change is to move Item 16J1 from the consent
agenda to become Item 13A on the regular agenda under Clerk of
Courts. This is an internal audit report on the use of motor fuel taxes.
That request is made by Commissioner Hiller.
The next proposed change is to move Item 16J2 from the Clerk's
consent agenda to become Item 13B. It's an internal audit report on
EMS helicopter year-end inventory, and that change is made also by
Commissioner Hiller.
The next proposed change is to continue Item 16J3 indefinitely
until such time as the Clerk certifies that the payables presented in the
report have been pre-audited as previously specified by the Board.
That change is made at Commissioner Fiala's request.
The next proposed change is to move Item 16J5 to become Item
13C on the regular agenda. This is a report to the Board regarding
status of payments to Paradise Advertising and Marketing. The next
proposed change -- and that is made at Commissioner Hiller's request.
The next proposed change is in regard to Item 16J4. That is your
payables report. I would ask that as part of the consent agenda
approval that the Board declare that those expenditures serve a valid
public purpose and authorize the Clerk of the Courts to make
disbursement.
The next proposed change is to move Item 17D to become Item
9A under advertised public hearings. This is a recommendation to
approve an ordinance allowing for the use of golf carts upon
designated roads in Ave Maria stewardship community district. That
move is made at Commissioner Taylor's request.
We have one agenda note this morning, and that relates to that
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May 10, 2016
same item, 17D. There was an Exhibit A to that ordinance that was
inadvertently omitted from the printed agenda. That exhibit has been
distributed to the board members and to the minutes and records
department. That was done at the County Attorney's request.
We have one time-certain item today, Commissioners. That is
Item 11B to be heard at 11 -- excuse me -- at 10 a.m. That's 11B to be
heard at 10 a.m. That's a discussion about the use of fluoride in the
public potable water supply in the county's utilities special district.
I have no other comments or changes to the proposed agenda this
morning, Madam Chair.
CHAIRWOMAN FIALA: Thank you.
County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRWOMAN FIALA: Okay, very good.
Leo, can I just ask you one thing? I don't see on my change sheet
16J4.
MR. OCHS: Yes, ma'am. I've been doing that as a matter of
course. I just make a note on my own change sheet to ask you to do
that. I'll list that next time. I apologize for that.
CHAIRWOMAN FIALA: Okay. No apologies.
MR. OCHS: Okay.
CHAIRWOMAN FIALA: We're good.
Commissioner Henning, any ex parte?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN FIALA: Okay.
COMMISSIONER HENNING: We've all heard the Naples
Bridge Club amendment to the Growth Management Plan and the final
resolution on that conditional use, which is 17A and 17B, and that's the
only ex parte communication that I have.
CHAIRWOMAN FIALA: Any changes or corrections or
anything?
Page 5
May 10, 2016
COMMISSIONER HENNING: No, ma'am.
CHAIRWOMAN FIALA: Okay. Thank you very much.
Commissioner Hiller?
COMMISSIONER HILLER: No changes; no ex parte.
CHAIRWOMAN FIALA: Very good.
Commissioner Taylor?
COMMISSIONER TAYLOR: No changes; no ex parte.
CHAIRWOMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes, ma'am. I have no further
changes; I have no ex parte on today's consent agenda. On today's
summary agenda, Item 17B1, the Naples Bridge Center items, I've read
the staff report. Nothing else.
CHAIRWOMAN FIALA: Very good. Thank you very much.
And, lastly, on 16 -- for ex parte for me, 16A13, Naples
Motorcoach Resort, I got some emails on that one many years ago but,
anyway, I still received them.
And then the Naples Bridge Center, again, just as others have
reported, I've spoken to staff and read the staff report. So nothing
further.
COMMISSIONER NANCE: Move approval of today's agenda
as amended.
COMMISSIONER HILLER: Second.
CHAIRWOMAN FIALA: The second is Commissioner Hiller.
Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
Page 6
May 10, 2016
CHAIRWOMAN FIALA: Thank you very good -- very much.
Moving on.
Page 7
Proposed Agenda Changes
Board of County Commissioners Meeting
May 10, 2016
Continue Item 16D5 to the May 24,2016 BCC Meeting: Recommendation to approve First
Amendment to the Subrecipient Agreement with Habitat for Humanity of Collier County,Inc.,to
shift remaining project delivery funds between line items in order to fully expend remaining
awarded funds for acquisition. There is no net fiscal impact. (Commissioner Fiala's request)
Move Item 16J1 to Item 13A: To provide to the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2016-01,Authorized Use of Motor Fuel Taxes issued on
April 6,2016. (Commissioner Hiller's request)
Move Item 16J2 to Item 13B: To provide to the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2016-2,2015 Fiscal Year-End Inventory of EMS Helicopter
Operations Parts,issued on May 4,2016. (Commissioner Hiller's request)
Continue Item 16J3 Indefinitely until such time as the Clerk certifies that the payables presented in
this report have been pre-audited as previously specified by the Board: To record in the minutes of
the Board of County Commissioners, the check number(or other payment method),amount, payee,
and purpose for which the referenced disbursements were drawn for the periods between April 14
to April 27,2016 pursuant to Florida Statute 136.06. (Commissioner Fiala's request)
Move Item 16J5 to Item 13C: Report to the Board of County Commissioners (BCC) regarding the
status of payments to Paradise Advertising and Marketing,Inc. pursuant to BCC request of April
26,2016. (Commissioner Hiller's request)
Move Item 17D to Item 9A: Recommendation to approve an Ordinance amending Ordinance No.
2006-57 to add a new section allowing for the use of golf carts upon designated roads in the Ave
Maria Stewardship Community District(the "District"). (Commissioner Taylor's request)
Note:
Item 9A (Previously Item 17D): Exhibit A to the proposed ordinance was inadvertently
omitted from the agenda. The Exhibit has been distributed to the Board members and to the
Minutes and Records Department. (County Attorney's request)
Time Certain Items:
Item 11B to be heard at 10:00 a.m.
5/24/2016 2:13 PM
May 10, 2016
Item #2B
BCC/REGULAR MEETING MINUTES FROM APRIL 12, 2016 —
APPROVED AS PRESENTED
MR. OCHS: Commissioner, that takes us to Item 2B, which is
the approval of the regular BCC meeting minutes of April 12, 2016.
COMMISSIONER NANCE: Move to approve.
CHAIRWOMAN FIALA: And second from Commissioner
Hiller?
COMMISSIONER HILLER: Yes.
CHAIRWOMAN FIALA: Okay. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed?
(No response.)
CHAIRWOMAN FIALA: Very good. Going on to
proclamations.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN FIALA: This is the fun part of the meeting.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS — ADOPTED
Item #4A
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May 10, 2016
PROCLAMATION DESIGNATING MAY 2016 AS
MOTORCYCLE SAFETY MONTH AND TO PROMOTE
MOTORCYCLE AWARENESS AND SAFETY IN COLLIER
COUNTY. ACCEPTED BY REPRESENTATIVES OF
AMERICAN BIKERS AIMED TOWARD EDUCATION - ABATE
OF FLORIDA INC. — GATOR ALLEY CHAPTER: JOHN
STEVENS, PRESIDENT; LYNN CORR, LEGISLATIVE
TRUSTEE; LAURAJO SMITH, COMMUNICATIONS; AND
WILLIAM "RIFFRAFF" BREEN, SAFETY DIRECTOR —
ADOPTED
MR. OCHS: Item 4A is a proclamation designating May 2016 as
Motorcycle Safety Month and to promote motorcycle awareness and
safety in Collier County. To be accepted by representatives of
American Bikers Aimed Towards Education; ABATE of Florida,
Incorporated; Gator Alley Chapter; John Stevens, President; Lynn
Corr, Legislative Trustee; Laurajo Smith, Communications; and
William "Riffraff' Breen, the Safety Director.
If you'd please step forward and receive your proclamation.
(Applause.)
CHAIRWOMAN FIALA: Come on down. You guys do so
much for your community -- people don't even realize -- and we thank
you for that.
Thank you. Riffraff, I love that.
Now stay right here because we're going to take a picture of you.
UNIDENTIFIED SPEAKER: I finally made the magazine.
MS. CORR: Thank you. I'm Lynn Corr. I'm the legislative
trustee for our local chapter of ABATE, Gator Alley. And thank you,
Commissioners, for allowing us to come here today.
Real quick, ABATE of Florida is a safety and education program.
We want to educate new riders on how to ride safely, and we want to
Page 9
May 10, 2016
educate those that are in cars to be aware of motorcyclists. And it's not
just motorcyclists. It's pedestrians. It's bicyclists. It's moped riders,
too, as well.
So our -- you see our tags on the cars and everything, watch out
for motorcyclists, think twice. But for all of our community, it's -- like
I said, it's not just motorcyclists. We should all be aware of what's
around us, who is around us, and keep everybody safe, because they do
go home to families.
So thank you very much. I appreciate it.
CHAIRWOMAN FIALA: Thank you.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MAY 2016 AS NATIONAL
DRUG COURT AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY THE HONORABLE JANEICE MARTIN,
PRESIDING JUDGE; ASHLEY SWAN, CASE MANAGER;
MEMBERS OF THE DRUG COURT TEAM (JUDGE,
PROSECUTION, DEFENSE AND CLINICIANS) AND MANY
PARTICIPANTS — ADOPTED
MR. OCHS: Item 4B is a proclamation designating May 2016 as
National Drug Court Awareness Month in Collier County. To be
accepted by the Honorable Janeice Martin, Presiding Judge; Ashley
Swan, Case Manager; Jennifer Toussaint, Assistant State Attorney;
Sergeant Leslie Weidenhammer; members of the Collier County
Sheriffs Office; and members of the Drug Court Team.
If you'd all please step forward.
(Applause.)
CHAIRWOMAN FIALA: Good morning, and thanks for all
Page 10
May 10, 2016
You're doing for our community. You've got a good team going here,
don't you?
JUDGE MARTIN: Crowd in for a picture.
COMMISSIONER TAYLOR: Vertically challenged in the front.
(Applause.)
JUDGE MARTIN: Madam Chair and County Commissioners,
thank you so much for having us here today.
I was thinking last night about some comments, and it occurred to
me I'm about to celebrate my fifth anniversary as the presiding judge
over drug court. For those who don't know, drug court is an alternative
treatment court, a felony court.
Our folks here have felony charges and have decided that,
frankly, it's time to turn their lives around. And they demonstrate
unimaginable courage in facing down challenges in trying to repair the
wreckage that's been caused while they were in active addiction.
They make whole their debts, they raise their children, they work
in your businesses, and I am humbled and proud to stand here with
them in front of you today and to receive your support.
It is important for us to understand that drug courts work. Drug
courts save tax dollars and, most importantly, drug courts return
parents to children; they return employees to businesses. We've got
some business owners as well.
And we just want to thank the County Commission for setting an
atmosphere and a tone in our community where redemption is possible
and where second chances are encouraged, and these folks are making
the most of that.
So thank you for your support.
(Applause.)
Item #4C
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May 10, 2016
PROCLAMATION DECLARING MAY 21-27 AS NATIONAL
SAFE BOATING WEEK IN COLLIER COUNTY, IN
CONJUNCTION WITH THE NORTH AMERICAN SAFE
BOATING COUNCIL'S CAMPAIGN TO SPREAD THE
MESSAGE OF BOATING SAFETY AND THE IMPORTANCE OF
WEARING A LIFE JACKET EVERY TIME ON THE WATER.
ACCEPTED BY MEMBERS OF THE U.S. COAST GUARD
AUXILIARY FLOTILLA 95: COMMANDER KEITH
WOHLTMAN, DOUG BARTLETT, JOE RICCIO AND DOUG
JOHNSON — ADOPTED
MR. OCHS: Item 4C is a proclamation designating May 21-27 as
National Safe Boating Week in Collier County in conjunction with the
North American Safe Boating Council's campaign to spread the
message of boating safety and the importance of wearing a life jacket
every time on the water.
To be accepted by members of the U.S. Coast Guard Auxiliary
Flotilla 9-5, Commander Keith Wohltman; Doug Bartlett; Past
Commander Doug Johnson; Staff Officer, Vessel Exams, John Moyer;
and Staff Officer, Public Education, Joe Riccio.
If you'd please step forward, gentlemen.
(Applause.)
CHAIRWOMAN FIALA: These guys also help with the life
jacket program, checking all the life jackets in a certain area, and
they're just wonderful people.
UNIDENTIFIED SPEAKER: Thank you, Chairman Fiala and
the rest of the County Commissioners.
Thank you for joining us in the -- as we strive to wind up
improving boating safety in Collier County. And as has already been
mentioned, it's very important for everybody to understand if you have
a life jacket on your boat, you need to wear it. It doesn't do any good
Page 12
May 10, 2016
just sitting on the boat.
Life jackets will save lives. Thank you.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING MAY 2016 AS NATIONAL
FAIR HOUSING MONTH IN COLLIER COUNTY. ACCEPTED
BY MICHAEL PUCHALLA, EXECUTIVE DIRECTOR - HELP
(HOUSING. EDUCATION. LENDING PROGRAMS) — ADOPTED
MR. OCHS: Item 4D is a proclamation designating May 2016 as
National Fair Housing Month in Collier County. To be accepted by
Michael Puchalla, the Executive Director of HELP, Housing Education
and Lending Programs.
Please step forward.
MR. PUCHALLA: Good morning and thank you,
Commissioners.
Just a very few brief words. We are a -- HELP is a
HUD-approved nonprofit housing agency located here in Naples. We
are also running some Immokalee money management programs and
some great programs in the Immokalee market as well, and we do
know we face many fair housing/affordable housing challenges, which
the commissioners have been addressing recently in some workshops
and working towards hopefully some things that can result in some
change.
What we strive to do is provide education and counseling for
individuals at no cost who our interested in obtaining housing. If they
have issues with rentals, we're here to assist in any way we can and
promote fair housing, making sure people have a safe and affordable
place to live in Collier County.
Page 13
May 10, 2016
So thank you for recognizing fair housing as an important issue in
our county.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING MAY 2016 AS DROWNING
PREVENTION MONTH IN COLLIER COUNTY, RECOGNIZING
AND PROMOTING COMMUNITY DROWNING PREVENTION
EFFORTS, EDUCATION AND PROGRAMS. ACCEPTED BY
REPRESENTATIVES OF THE NCH SAFE AND HEALTHY KIDS
COALITION OF COLLIER COUNTY: TJ SNOPKOWSKI,
COALITION PROGRAM COORDINATOR; DANNA BREEDEN,
COALITION BOARD CHAIR; PAULA DIGRIGOLI, BOARD
MEMBER; AND OTHER COALITION MEMBERS, STAFF
MEMBERS AND SUPPORTERS — ADOPTED
MR. OCHS: Item 4E is a proclamation designating May 2016 as
Drowning Prevention Month in Collier County recognizing and
promoting community drowning prevention efforts, education, and
programs. To be accepted by representatives of the NCH Safety and
Healthy Kids Coalition of Collier County: TJ Snopkowski, Coalition
Program Coordinator; Dana Breeden, Coalition Board Chair; Paula
DiGrigoli, Board Member; and other Coalition Members, Staff
Members, and Supporters.
If you'd please step forward and receive your proclamation.
(Applause.)
MR. SNOPKOWSKI: First off, I want to thank you all so much
for giving us this tremendous proclamation. We've done this for many
years now, and we love that you guys continue to support us between
this and our swim lessons discount, which I know we're going to be
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May 10, 2016
talking about at the next meeting, I believe.
But first off, to everyone in the audience, if you're not aware,
drowning is the biggest threat facing children one to four in Collier
County. It is the leading cause of death. It will continue to be, and
that's why it's very important that programs that we work on and that
many other people in this room work on continue to exist and not only
do that but thrive.
As some of you may be aware, if you've been around our county
beaches, you've seen our "kids don't float" life jacket program. That
has been a tremendous driving force of ours, as well as this entire
board, and as well as many members of the auxillary. I saw that they
had left now.
But we just expanded to three more stations. You'll be seeing that
grow in Marco Island in the coming months. We're very excited about
that. We also have our Swim Central program which puts 1,100 kids
per year through free swim lessons. These are our at-risk minority kids
from our VPKs and early learning centers. We just celebrated our
3,000th participant since 2012, and we're very excited about that
program as well.
And most recently, as you see those little ducks up there with the
commissioners, we have a new initiative called Stewie the Duck. He's
coming to Collier County. He's our new mascot for drowning
prevention. It's a tremendous free app. I hope you all get it, give it to
your kids to play with, your grandkids, your nieces, your nephews. It's
a really tremendous way to teach kids fun ways about water safety, and
you will see him in every county VPK, Head Start, library, you'll see
him at the department of health, you'll see him pretty much --
anywhere you can imagine there being a public event for a message
like that, you'll see Stewie the Duck.
So we're very excited. Thank you all so much for your support,
and thank you all, as always. Have a lovely day.
Page 15
May 10, 2016
(Applause.)
COMMISSIONER NANCE: Ladies and gentlemen, everybody
needs to take advantage of these programs over the summer. I know
each of you know young kids that don't know how to swim and adults
that don't know how to swim.
Collier County has got more water than land, okay. When it
starts raining in July, there are risks everywhere, there are risks in your
backyard, the drainage canals, you know. Tragedy can strike, and it
does, and it breaks my heart every year that it does.
So encourage everybody you know. Get the mothers and baby
classes into the Red Cross, the Y, the programs we have in this county
and get it done. It's the most important thing you can do for your kids,
and not only that, they'll have a great time. They'll be like fish before
you know it.
I know little kids who are terrified of the water, and before you
know it, they're Olympic swimmers. So Commissioner Hiller was that
way when she was little, but she's not that way now.
So thank you very much.
(Applause.)
Item #4F
PROCLAMATION DESIGNATING MAY 15-21 AS
EMERGENCY MEDICAL SERVICES WEEK IN COLLIER
COUNTY, IN RECOGNITION OF THE DEDICATION OF ALL
EMERGENCY MEDICAL PROFESSIONALS SERVING IN A
VARIETY OF ROLES. ACCEPTED BY WALTER KOPKA,
CHIEF, COLLIER COUNTY EMS — ADOPTED
MR. OCHS: Item 4F is a proclamation designating May 15
through the 21st as Emergency Medical Services week in Collier
Page 16
May 10, 2016
County in recognition of the dedication of all emergency medical
professionals serving in a variety of roles.
To be accepted by EMS Chief Walter Kopka. Chief?
(Applause.)
MR. OCHS: Get a picture.
COMMISSIONER TAYLOR: You can't sneak away.
MR. OCHS: Now you can come and talk.
CHIEF KOPKA: Good morning. Walter Kopka, chief of your
Emergency Medical Services Department. Thank you, Chair and
Commissioners, for recognizing the EMTs and paramedics during this
EMS proclamation.
This week has been a tradition for over 40 years in the United
States; started in 1974. There are many people and groups that make
EMS strong from the 911 dispatchers, the law enforcement first
responders, to the fire departments who assist in treatment and
transport of these injured and ill patients. We need to certainly
recognize their help and their assistance.
Additionally, there are countless administrative support, clerical,
secretarial, supply staff that give us the tools that we need to get the job
done.
Most importantly, we need to recognize the EMTs and
paramedics who are truly heros doing the job day in, day out. We have
nearly 200 of them that respond to nearly hundred calls a day, and they
should be recognized for their efforts. Thank you for recognizing
them.
(Applause.)
COMMISSIONER HILLER: Our emergency medical
professionals really deserve to be honored. They don't just help those
who have been injured or who are ill, but they save lives.
And, Leo, I was wondering, can we please bring back the Phoenix
Awards? Our community needs to know how many lives are being
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May 10, 2016
saved by our emergency medical service providers.
And I do realize that they keep saving more and more lives and
that our growing Phoenix Award program is evidence of that. Our
community needs to know it.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Thank you.
CHIEF KOPKA: If I may.
CHAIRWOMAN FIALA: Go ahead.
CHIEF KOPKA: I'm sorry. I neglected to mention two events.
One is the Phoenix Award. We do hold that at the emergency services
center. I know. It's gotten so large. We have so many awardees, and
people that come to that event, but we're going to bring it back to the
Board.
COMMISSIONER HILLER: I mean, how -- I mean, why aren't
we letting the whole world know? Those are lives saved. These
people would be dead but for you --
CHIEF KOPKA: Thank you.
COMMISSIONER HILLER: -- and your team. So I think letting
everyone know how many lives are being saved here in the boardroom,
there's nothing more important that we do as government.
CHIEF KOPKA: I understand. And we appreciate that,
Commissioner. So that event is May the 19th at 9 a.m. at the
emergency services center. You're welcome to come. It is open to the
public. It is a great event.
The other event is May the 18th at 1 p.m. at our new EMS station
which is Station 76 at Logan and Vanderbilt Beach Road. It's an open
house and ribbon cutting for that event, and please come and support
our EMS staff at that event as well.
COMMISSIONER HILLER: Thank you.
CHIEF KOPKA: Thank you.
CHAIRWOMAN FIALA: Moving on.
Page 18
May 10, 2016
Item #4G
PROCLAMATION DESIGNATING MAY 2016 AS TRAUMA
AWARENESS MONTH IN COLLIER COUNTY, RECOGNIZING
THE ACCOMPLISHMENTS OF THE LEE MEMORIAL
HOSPITAL TRAUMA CENTER AND ITS CRITICAL ROLE TO
CITIZENS AND VISITORS OF COLLIER COUNTY. ACCEPTED
BY REPRESENTATIVES OF THE LEE COUNTY TRAUMA
SERVICES DISTRICT (WHICH INCLUDES CHARLOTTE,
COLLIER, GLADES, HENDRY AND LEE COUNTIES) - DR.
ROBERT TOBER, MEMBER, REGIONAL ADVISORY
COMMITTEE ON TRAUMA SERVICES AND MEDICAL
DIRECTOR, COLLIER COUNTY, EMS & NEIGHBORHOOD
HEALTH CENTER; AND PAT BARTON, MEMBER, REGIONAL
ADVISORY COMMITTEE ON TRAUMA SERVICES —
ADOPTED
MR. OCHS: Item 4G is a proclamation designating May 2016 as
Trauma Awareness Month in Collier County recognizing the
accomplishments of the Lee Memorial Hospital Trauma Center in its
critical role to citizens and visitors of Collier County.
To be accepted by representatives of the Lee County Trauma
Services district, which include Charlotte, Collier, Glades, Hendry, and
Lee Counties.
Accepting today are Dr. Robert Tober, a member of the Regional
Advisory Committee on Trauma Services and Medical Director of
Collier County EMS and also the Director of Neighborhood Health
Center, and Pat Barton, member of the Regional Advisory Committee
on Trauma Services.
(Applause.)
Page 19
May 10, 2016
CHAIRWOMAN FIALA: Let me give you this little --
MR. OCHS: Dr. Tober, get your proclamation.
DR. TOBER: Commissioners, thank you very much, and thank
you everyone for being here, and thanks for recognizing the Trauma
Center.
I just want to make sure people know that most of what our
Trauma Center takes care of are bad motor vehicle accidents. Yes,
they take care of knifings, gunshots, bad falls, bad burns, but motor
vehicle accidents on our roads is what causes our EMS chopper to
swoop down and bring these people to the Trauma Center.
The Trauma Center is taking care of thousands of people a year.
It's an extremely practiced, unique set of skills and a tremendously
dedicated staff.
I also want people to know that the Lee Memorial Trauma
System, which is primarily spearheaded by Michael Marcus who is the
trauma nurse director up there, provides an incredible amount of
trauma education to all of our medics, our flight medics, and our flight
crews, and they are part of our quality assurance measures for
improving emergency medical services, so we thank all of you for your
support.
(Applause.)
COMMISSIONER NANCE: Commissioner, do you want to
make a comment?
COMMISSIONER HILLER: I just want to make one comment.
Dr. Tober made passing reference to this, but I also just want to
highlight to everyone the importance of our EMS chopper. None of
this would be possible without our helicopter team that transports all
the victims to the Trauma Center and are really an integral part of the
system. So thank you to the Trauma Center for all you do and again to
our EMS staff and chopper pilots.
CHAIRWOMAN FIALA: Commissioner Nance?
Page 20
May 10, 2016
COMMISSIONER NANCE: Yes. I would just like to say one
thing and that is the people that come to the meetings for the
proclamations and the people at home that watch the proceedings of
the Board of County Commissioners, month after month after month
you see our first responders up here to receive accolades and receive
proclamations and receive the credit they do for their tremendous
performance, and that is Collier County EMS, our dependent and
independent fire district, our Sheriffs Office, Collier County Medical
Director. All these people are working, and they are tremendous --
having tremendous individual achievement and together -- the way
they're working together now, I think the greatest accomplishment --
one of the things -- you know, I'm leaving the service of the county and
the citizens, but I am really looking forward to them continuing to
come together. I hope in my lifetime I see where Collier County is
mentioned number one in the nation for emergency response. And
these guys are getting it done every month, every day of the year, you
know, 24/7/365.
What a tremendous group of partners we have and what a
tremendous job they're doing. It's amazing, and everybody should be
delighted in Collier County.
So I give everybody my sincere thanks and congratulations for
the job you do all the time whether you're getting recognized or not.
But you are an extraordinary group of professionals.
Thank you so very much.
COMMISSIONER HENNING: Move to approve the
proclamations.
COMMISSIONER NANCE: Second.
CHAIRWOMAN FIALA: Okay. Motion to approve and second.
All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
Page 21
May 10, 2016
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed?
(No response.)
CHAIRWOMAN FIALA: Very good, 5-0.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR MAY 2016 TO FIRST FLORIDA INTEGRITY
BANK. ACCEPTED BY GARY L. TICE, CHAIRMAN AND CEO,
FIRST FLORIDA INTEGRITY BANK; HOLLY BURGHARDT,
VICE PRESIDENT-BRANCH MANAGER, FIRST FLORIDA
INTEGRITY BANK; MICHAEL DALBY, PRESIDENT AND CEO,
THE GREATER NAPLES CHAMBER OF COMMERCE; KRISTI
BARTLETT, VICE PRESIDENT, ECONOMIC DEVELOPMENT,
THE GREATER NAPLES CHAMBER OF COMMERCE; AND
ASHLEY PORRARO, ACCOUNT EXECUTIVE, GREATER
NAPLES CHAMBER OF COMMERCE — PRESENTED
MR. OCHS: That takes us to Item 5 on today's agenda. Item 5A
is a presentation of the Collier County Business of the Month for May
2016 to First Florida Integrity Bank.
To be accepted by Gary Tice, Chairman and CEO; and Holly
Burghardt, Vice President-Branch Manager; also Michael Dalby,
President and CEO of the Greater Naples Chamber of Commerce; and
Ashley Porraro, Executive -- Account Executive for the Greater Naples
Chamber of Commerce.
(Applause.)
MR. TICE: You know, whenever someone gives me a
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May 10, 2016
microphone, it's normally a half an hour, but today, Madam Chairman,
Commissioners, thank you so much for allowing us to serve this great
community.
I've had the privilege of living here for 39 years and seen so much
change. And I will tell you that the businesses in Collier County just
do an outstanding job supporting this community.
And for the Chamber, you're so active, and you do an outstanding
job. And we're so pleased to be part of the Chamber, and we're also
pleased to be the bank for Collier County.
And thank you for this award. And we're going to continue to
support this community because this is where we live and this is where
we're going to see this county grow, and it's going to grow properly.
And thanks for your guidance.
(Applause.)
Item #5B
PRESENTATION RECOGNIZING AMITAY TADMOR FOR
EARNING THE BOY SCOUT'S DR. BERNARD HARRIS
SUPERNOVA AWARD. THE SUPERNOVA AWARD
RECOGNIZES SUPERIOR ACHIEVEMENT BY A BOY SCOUT
IN THE FIELDS OF SCIENCE, TECHNOLOGY, ENGINEERING,
AND MATHEMATICS (STEM). AMITAY IS A SENIOR
PATROL LEADER OF TROOP 951, AND HE IS IN
ATTENDANCE TODAY WITH HIS PARENTS MR. AND MRS.
TADMOR, AND MR. JAMES GILES, DISTRICT EXECUTIVE,
BOY SCOUTS OF AMERICAN SOUTHWEST FLORIDA
COUNCIL — PRESENTED
MR. OCHS: Item 5B, a presentation to recognize Amitay
Tadmor for earning the Boy Scouts Dr. Bernard Harris Supernova
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May 10, 2016
Award. The Supernova Award recognizes superior achievement by a
Boy Scout in the Fields of Science, Technology, Engineering, and
Mathematics.
Amitay is a senior patrol leader of Troop 951, and he is in
attendance today with parents, Mr. and Mrs. Tadmor, and Mr. James
Giles, District Executive of the Boy Scouts of America with Southwest
Florida Council.
CHAIRWOMAN FIALA: Maybe after we take this picture we
can even get a picture with his parents here as well.
MR. OCHS: Absolutely.
CHAIRWOMAN FIALA: Amitay's parents. Okay.
Congratulation, by the way. That's just a wonderful honor.
(Applause.)
CHAIRWOMAN FIALA: I bet you're really proud, huh?
MR. TADMOR: Very proud.
MR. GILES: Madam Chairman, Commissioners, and guests,
thank you for giving us this opportunity to award this National Boy
Scouts of America award.
Amitay is the first Boy Scout to earn the Supernova Award. In
2010 Exxon Mobil saw the potential to tie together 100 years of
scouting STEM activities into one award. To do this, they donated $3
million to National Boy Scouts of America organization to create these
opportunities.
The Boy Scouts of America is truly a partner in education with
the community and the schools in which we serve.
Thank you, Commissioner Henning, for setting this up a couple
years ago with us. I understand you may have a little extra time, and
we can always use an extra hand in scouting to make a difference in
lives.
COMMISSIONER HENNING: When I'm not creating lives.
MR. GILES: To honor Amitay for his accomplishment, we will
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May 10, 2016
open a national court of honor. To start the court of honor, I call upon
Alligator District STEM Committee Member Dennis Crowe. Mr.
Crowe is also the cub master of Pack 165 and works locally as an IT
professional.
MR. CROWE: By the authority vested in me by the National
Council of Boy Scouts of America and the Southwest Florida Council,
I declare this court of honor convened for the sole purpose of honoring
Amitay Tadmor the Bernard Harris Supernova Award.
Amitay -- you've already stepped forward. So to present this
award, I'm going to call upon his STEM mentor, Mr. Josh Maxwell.
Mr. Maxwell is an Eagle Scout who has served as a Scout Master and
grew up in Collier County within the scouting program. He's an
engineer here in town at Turrell, Hall & Associates.
And to earn this award, Amitay had to enlist the assistance of an
adult mentor in the science fields of technology, engineering, and
math.
MR. MAXWELL: Dr. Bernard Harris, a physician, astronaut,
and entrepreneur, this award named after, changed -- challenged all of
us to help our youth excel. We must not lose the will to pursue the
daring goals, encourage scouts to dream, and equip them with the
educational tools and pursue their aspirations. Our future depends on
it.
Amitay, congratulations on your achievement today. You spent
an extraordinary amount of time dedicated to pursuing knowledge in
the STEM fields within scouting.
Technical difficulties. See if we can fix this real quick. There we
go. Well, you'll get two parts of it.
You are the first Boy Scout to earn this award within Collier
County joining 15 Cub Scouts to do so, but unlike the six- to
nine-week Cub Scout award, this award takes one to two years.
You've earned five merit badges, including scholarship, studying and
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May 10, 2016
reported on the career of video game design, even though I was hoping
it was going to be ocean engineering; built and competed in a solar
powered model boat race; applied engineering to physics to build a
catapult; and made my job as your mentor extremely easy.
On top of this, you're working on your Eagle Scout project;
leading your troop, participating in Mock UN, and maintaining your
grades. The focus and drive is most impressive.
Scouting is much more than camping and campfires that draws
boys in; however, the career and character education learned through
the Merit Badge Program, leadership opportunities, and additional
awards like this one is what scouting is all about.
Scouting is a partner in education with the tools -- with schools
and the community we serve.
Amitay, I'm a proud -- proud of you and proud to award you the
Dr. Bernard Harris Supernova Award.
Will Mr. and Mrs. Tadmor please step forward for photos. Oh,
we took care of that. We can do more.
COMMISSIONER TAYLOR: Let's do it again.
MS. TADMOR: We'll do it again.
COMMISSIONER TAYLOR: Yeah, let's do it again.
MR. MAXWELL: Let's see if we can fix this thing real quick so
you can wear your award. If I was allowed to bring my Leatherman
past security, we'd fix this already.
COMMISSIONER TAYLOR: There it is.
(Applause.)
MR. OCHS: Hold on. One more.
(Applause.)
MR. CROWE: I'd like to thank the Board of County
Commissioners for allowing us, the volunteers, to honor Amitay in this
way -- very meaningful way.
COMMISSIONER HENNING: Can I say something?
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May 10, 2016
CHAIRWOMAN FIALA: Sure. Please do.
COMMISSIONER HENNING: You know, we need to honor
you, Josh, and others that are involved in scouts and the parents,
obviously, of taking the time to raising our future in a positive way
that's going to help lead our -- not only our community, but our
country.
You know, Josh obviously was involved in scouts when he was
young in Collier County, has stepped up to the plate along with a lot of
his friends that I know that could be doing other things, but they want
to help scouting and mentor a lot of these young kids in a very
meaningful way, and I'm so glad that my son had a part of it and had
the opportunity to seek -- or to get guidance from a lot of these men
and women who have stepped up to the plate to assist our young
futures.
CHAIRWOMAN FIALA: Thank you.
COMMISSIONER HENNING: Thank you.
COMMISSIONER TAYLOR: Thank you.
(Applause.)
MR. OCHS: Item 5C -- I'm sorry.
COMMISSIONER TAYLOR: Madam Chair, I don't know if
Amitay has friends and family here, too, but if they do, maybe
everyone could do a group shot to show, because I think we've got
some scouts in the audience. Maybe everyone could come up to do
one more photograph. This child -- this young man has achieved a
first. No one has ever done it in the history of Collier County.
COMMISSIONER HENNING: All the scouts.
COMMISSIONER TAYLOR: So they could all come up.
COMMISSIONER HENNING: Den leaders.
COMMISSIONER TAYLOR: I'm sure the most exciting thing
he likes to do is get his photograph taken, right?
(Applause.)
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May 10, 2016
CHAIRWOMAN FIALA: You're always helping the kids, aren't
you?
COMMISSIONER TAYLOR: Thank you, Madam Chair.
Item #5C
RECOGNIZING JEANNE MARCELLA, EXECUTIVE
SECRETARY, GROWTH MANAGEMENT DEPARTMENT AS
EMPLOYEE OF THE MONTH APRIL 2016 — PRESENTED
MR. OCHS: Commissioners, Item 5C is a recommendation to
recognize Jeanne Marcella, Executive Secretary with Growth
Management, as Employee of the Month for April 2016.
(Applause.)
CHAIRWOMAN FIALA: And I'll give you this, and a check --
I'm going to have to give you the check, too. I can't keep it anymore so
-- and the little bag just to cover it. Jeanne, thank you so much. We all
know how much you do for us. Thank you.
MR. OCHS: Jeanne, stand right there. I'll tell the Board a little
bit more about you, like they don't already know.
But Jeanne's been a member of our county team since 1998 and
works for our Growth Management Department. She's been
instrumental in helping Dave Wilkinson make the transition to county
government as our new department head in growth management.
Her years of experience, exceptional work ethic, and
dependability have helped make this a smooth transition for everybody
in the department. Her exceptional customer service extends not only
to the external customers but to all of her co-workers as well.
She's always available. Her extensive knowledge of the county is
often sought after by her peers. She's the first to provide assistance and
lifts morale wherever she is.
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May 10, 2016
She does so many of those things that really mean a lot to others
in so many subtle ways, and her dedication and professionalism is truly
endless, and she's very deserving of this award, and it's a great honor
for me to present Jeanne Marcella, your Employee of the Month for
April 2016. Congratulations, Jeanne.
CHAIRWOMAN FIALA: Jeanne, don't go away. Stay there for
a second. Look at this. Look at that.
While we have her here -- you know what, it looked like you had
a proud dad over here. You would have thought that was his own
child. Let's take a picture. Commissioner Taylor's suggested we take a
picture with Nick and with David while we've got you here.
MS. MARCELLA: I have the best bosses. I have the best
co-workers.
MR. CASALANGUIDA: I guarantee you she's going to cry right
now.
CHAIRWOMAN FIALA: I've got Kleenexes right back here.
MR. CASALANGUIDA: So proud of you.
UNIDENTIFIED SPEAKER: It's a rose between two thorns.
(Applause.)
MR. OCHS: Thank you, Jeanne.
MS. MARCELLA: Thank you.
CHAIRWOMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Something that the public may not
know is that Jeanne is behind all those incredible trees in growth
management, and what you contribute to our community and those
offices by those trees of recognition and remembrance and celebration
are beyond belief. I don't know how you do it, but they are absolutely
gorgeous, and they make such a difference. So thank you.
We should -- maybe we could put some of the photographs of
some of the trees up on our website so people can see Jeanne's
creativity. I particularly like the St. Patrick's Day tree and right now,
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May 10, 2016
coming up, our Memorial Day tree; they're really special.
MR. OCHS: Will do.
COMMISSIONER HILLER: You should see it. You need to go
see it.
Item #1 OA
DIRECT THE COUNTY MANAGER TO CEASE ALL FURTHER
REVIEW AND OTHERWISE NOT PROCESS THE
APPLICATION FOR A PUD REZONE FILED BY ROBERT
VOCISANO AND MARIO VOCISANO WITH RESPECT TO THE
GOLDEN GATE GOLF AND COUNTRY CLUB, AND TO
DIRECT THE COUNTY ATTORNEY TO TAKE ANY ACTION
NECESSARY TO ENFORCE A RESTRICTIVE COVENANT SET
FORTH IN THE SUBJECT PARCEL'S WARRANTY DEED TO
KEEP THE GOLF COURSE OPEN TO THE PUBLIC FOR GOLF,
TENNIS, SWIMMING AND OTHER RECREATIONAL USES -
MOTION TO PUT THE APPLICATION ON HOLD UNTIL A
COURT RULING HAS BEEN MADE AND HAVE THE COUNTY
ATTORNEY ENFORCE THE COVENANT — APPROVED
MR. OCHS: Madam Chair, that takes us to Item 10A on the
agenda this morning, Board of County Commissioners. 10A is a
recommendation to direct the County Manager to cease all further
review and otherwise not process the application for a PUD rezone
filed by Roberto (sic) Vocisano with respect to the Golden Gate Golf
and Country Club, and to direct the County Attorney to take any action
necessary to enforce a restrictive covenant set forth in the subject
parcel's warranty deed. This item was brought forward by
Commissioner Henning.
COMMISSIONER HENNING: Yeah, real quick.
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May 10, 2016
As the backup, Commissioners, you have witnessed that the same
owners that are petitioning Collier County for change has this cloud
over the property they're asking to rezone, and the cloud is -- is the use
of the public residents of Golden Gate and Golden Gate Estates to have
use of the golf course. The recreational -- actually the recreational
facilities at this -- at the land.
And I think it's only appropriate, until this is cleared up within the
courts, that we direct the County Manager to direct his staff to cease
any further reviews. And furthermore I think that we should direct the
County Attorney, since the County Attorney has forwarded to all of us,
there is an action right now pending in the courts to keep the covenants
alive and not allow any rezone, is for the county, through the County
Attorney, to defend that covenant restriction for the citizens of Golden
Gate and Golden Gate Estates.
COMMISSIONER TAYLOR: I'd like to make a motion to
support Commissioner Henning's recommendation that we -- and I
guess I need you to explain it again, sir, or to state it again, but
basically to support the petition -- the Golden Gate citizens in their
defense of the cloud over their -- over the property which guarantees
that in perpetuity the Golden Gate golf course be open to the public
and to the residents of Golden Gate.
CHAIRWOMAN FIALA: Do I hear a second?
COMMISSIONER NANCE: Yes, I'll second it for discussion,
certainly.
CHAIRWOMAN FIALA: We've got a motion and a second. We
don't have any speakers; is that correct?
MR. MILLER: None on this one.
CHAIRWOMAN FIALA: Okay, fine. And we have -- which
one are you, first or second?
COMMISSIONER NANCE: I don't know. I think
Commissioner Hiller might be first.
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May 10, 2016
CHAIRWOMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yes. I just want to clarify what
we're doing is we're suspending the review. We're not denying the
review of this petition pending the court hearing which is forthcoming.
MR. KLATZKOW: Yeah. The thought process, Commissioners,
is that -- I've asked Mr. Casalanguida to put the covenant up so the
public could see it.
The public is -- the covenant, which basically is a promise by the
owner to keep the golf course open, that that promise extends to the
public in general, which is you. If a majority of you want me to
enforce that promise, there's really no point continuing the application
because you're just asking the applicant to spend time and money on an
application you're going to deny anyway.
So that my thought process was, put the application on hold.
They don't need to re-file. Let's get this dispute resolved in the courts.
And if the Court upholds the covenant there's no purpose on
proceeding with the application, and if the Court should strike the
covenant, at that point in time the application could proceed without
the cloud that Commissioner Henning was talking about.
CHAIRWOMAN FIALA: Okay. Does that meet with your
approval, Commissioner Henning?
COMMISSIONER HENNING: Correct.
CHAIRWOMAN FIALA: Okay, fine.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I'd like to thank
Commissioner Henning for bringing this to everybody's attention.
I think this particular situation, this restrictive covenant which we
-- I think all of us support enforcing, provides clarity to this one.
I think there's also a reason to continue to look at the body of
court decisions that also establish the means by which properties are
encumbered and, you know, commitments are made to purchasers of
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May 10, 2016
lots in these communities.
I think we need to go ahead and pursue that because no doubt we
will continue to have these applications, and we just need to get our
head around what the -- you know, what the courts are telling us
regarding commitments that have or have not been made. So I
certainly support the motion.
CHAIRWOMAN FIALA: Very good.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. I just -- you know, I'm
the vehicle for this item. It was Jeff Wright, who's the attorney for Rl
Associations, which abuts the golf course, and Russell Tuff who has
brought this to my attention, and, you know, with this out there, it
needs to be, in my opinion, enforced or, like the County Attorney says,
let the judge decide.
CHAIRWOMAN FIALA: I think it was great that you had
people out there that found this, that you took this and are bringing it to
-- as a home -- coming in as a home run. So I think we're all here in
support of this.
So with that, I -- we have a motion on the floor. Oh, okay.
COMMISSIONER TAYLOR: And just a point of order, Mr.
County Attorney. The -- my motion stated that we would join the
neighborhood in appealing to the Court, that -- to enforce the covenant.
I'm not sure that that's what you said, so I want to make sure I'm on
firm territory here.
MR. KLATZKOW: My understanding from the Board is that I'm
under direction to enforce this covenant on behalf of the public.
COMMISSIONER TAYLOR: Thank you. That's what I would
like.
CHAIRWOMAN FIALA: Okay. So with that, all in favor,
signify by saying aye.
COMMISSIONER TAYLOR: Aye.
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May 10, 2016
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: And it is a 5-0. Thank you very
much.
Item #1 1 A
DIRECT THE COUNTY ATTORNEY TO PREPARE AND
ADVERTISE AN ORDINANCE AMENDING ORDINANCE NO.
2013-69 AS AMENDED, TO ADD A NEW SECTION
ESTABLISHING A VENDOR PAYMENT DISPUTE
RESOLUTION PROCESS IN ACCORDANCE WITH THE LOCAL
GOVERNMENT PROMPT PAYMENT ACT (LGPPA) —
APPROVED
MR. OCHS: Madam Chair, that takes us to Item 11A on the
agenda this morning. This is a recommendation to direct the County
Attorney to prepare and advertise an amendment to your procurement
ordinance to add a section establishing a vendor payment dispute
resolution process.
Commissioners, the County Manager and the County Attorney
were previously directed by the Board to develop this process and to
bring it forward. We have done so.
Mr. Durham is available to brief the Board or to answer questions
at the pleasure of the Board, Madam Chair.
CHAIRWOMAN FIALA: Okay, very good.
Mr. Durham, do you want to present?
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May 10, 2016
MR. DURHAM: Thank you, Madam Chair. Tim Durham,
County Manager's Office.
The only thing I'd like to add to what's pretty obvious in the
materials is a key component of this is one of the core values of the
agency, and that is to be self-correcting. And we view this as an
opportunity to have an impartial look at our processes and what we do
and to be able to improve our ability to pay vendors in a timely
fashion.
And to accomplish that, one of the requirements in the policy is
that there would be an annual report created by the hearing officer that
would guide us on the type of issues that frequently arise and what we
could do to make the process better. Thank you.
CHAIRWOMAN FIALA: Thank you.
Commissioners, we will start with Commissioner Henning --
Commissioner Nance, excuse me.
COMMISSIONER NANCE: Yes. I think this is a very clean
recommendation and a great process. It mirrors state statute. I think it
will -- it will help. I think it's been well thought through, and I want to
make a motion to approve.
COMMISSIONER HILLER: Second.
CHAIRWOMAN FIALA: And I have a second by
Commissioner Hiller, okay.
Commissioner Henning?
COMMISSIONER HENNING: Well, I'm going to support the
item, but the -- does the county pay vendors?
MR. OCHS: No. No, sir.
COMMISSIONER HENNING: No.
MR. OCHS: No, but we --
COMMISSIONER HENNING: How is it going to speed up the
process of paying vendors?
MR. OCHS: Well, the idea is that if a vendor lodges a complaint
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May 10, 2016
for untimely payment, the contracts are between the Board and the
vendor. So that is the process that we've established in the policy as a
mechanism for that vendor to come and have that issue heard in front
of an impartial hearing officer who would make a finding of fact
strictly on whether the requirements in the Prompt Payment Act were
met or not, sir.
We don't pretend to think that we have the ability to actually issue
payment or -- ultimately, the Clerk is going to have to -- have to cut a
check to get a vendor paid. We acknowledge that.
This is an effort on the county staffs part on behalf of the Board
to make sure that we're doing everything that we can to comply with
the state Prompt Payment Act.
COMMISSIONER HENNING: Wouldn't the objective be to get
the vendor paid? This process seems to be a little bit short. I mean, if
the goal is to get vendors paid for services rendered, why don't we do
-- go a step further and ask the Clerk of Court to join in?
MR. OCHS: Well, there is a provision in the policy that allows
the Clerk to participate at whatever level he would want to participate,
I believe.
COMMISSIONER HENNING: During the dispute process;
however, why get to that -- that far? I mean, we have a process right
now in growth management. You submit a building permit, and staff
has so much time to review that. How many days is it?
MR. CASALANGUIDA: Single trade, five days, sir.
COMMISSIONER HENNING: Single trade, five days. Well,
let's say you're building a house. That's more than one trade, right?
MR. CASALANGUIDA: Well, that's considered a five-day
permit as well. Commercial is multiple trades.
COMMISSIONER HENNING: Okay. Multiple trades on --
MR. CASALANGUIDA: Commercial.
COMMISSIONER HENNING: On commercial. So what is it on
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May 10, 2016
commercial?
MR. CASALANGUIDA: Up to fifteen business days, sir.
COMMISSIONER HENNING: Fifteen business days. Then the
county staff has to respond to that request for a permit.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: And if there's any deficiencies, it
goes back to the applicant. And if you deem the applicant -- or let's
say the applicant is the county staff, because county is -- staff is
actually submitting the invoice for payment -- is give the county staff
so many days to respond to the deficiency of the invoice. The Clerk is
asking for information. Get them to respond in so many days. There
you have resolution. This -- this doesn't get anybody paid. I mean, it's
good, but it doesn't get anybody paid.
MR. CASALANGUIDA: Commissioner, I think in working with
the County Manager's Office and Tim to work on this item, it was, if
there was a dispute where the parties feel they've done everything to be
paid, and the county staff feels like they've done everything to be paid,
then they would have a dispute resolution hearing to determine if
there's something wrong from a third-party review.
And I think the intent was to have the Clerk's Office participate so
they could put evidence on file as well, too.
COMMISSIONER HENNING: Who's the hearing officer going
to be?
MR. CASALANGUIDA: And I think that's to be determined, but
I think we'd hire, like, an accounting firm or an attorney, a contract
attorney, to be the hearing officer.
MR. OCHS: Commissioners, this is a requirement of the state's
Prompt Payment Act.
COMMISSIONER HENNING: No, I'm in favor of it, but I'm --
you know, we're -- and staff, too, is every meeting complaining that
vendors are not getting paid, but there's nothing concrete of the process
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May 10, 2016
of getting them paid. There's this thing in between county staff and the
Clerk's Office.
So I'm just trying to -- you know, you have a process within
growth management to resolve these issues of the law or Florida
Building Code, and you have a law and a contract about vendors
providing services, but nobody's coming up with real solutions on how
to get them paid.
We're just complaining about it. I'm just trying to come up with
ideas and maybe ask the Clerk of-- have a review time, just like we do
in growth management. Have a policy where staff has to respond to
more information requesting them to make payment. That's how you
get things paid. I guess I don't see anybody agreeing with me. So
we're just going to complain about it.
COMMISSIONER TAYLOR: No, I agree. I think -- well, I'm
not --
CHAIRWOMAN FIALA: I think we're all taking it in.
Next is Commissioner Hiller.
COMMISSIONER HILLER: Thank you.
The process is clearly defined by state statute, and that statute is
the Prompt Payment Act. And what the Prompt Payment Act provides
and what's incorporated in this particular ordinance amendment is that
after an invoice is submitted, the county has 10 days to preaudit, to
come back with a written statement that provides what the deficiencies
are and what kind of underlying evidence is needed to cure those
deficiencies if there's any question about the propriety of the invoice.
That goes back to the vendor by Day 10. There's no option.
That's the law. Between Day 10 and Day 45, the vendor has the
opportunity to come back to the county and provide the evidence that
has been specifically asked of him.
If at the end of Day 45 there is no resolution, then the vendor has
the opportunity to have an independent hearing officer review the
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May 10, 2016
underlying evidence and make a determination whether or not the
invoice is proper or improper.
There is finality at the end of Day 60. Between Day 45 and Day
60 is the period of time during which the hearing is held and a review
is conducted by the independent hearing officer.
Day 60, if the determination is made that the vendor has complied
and has provided the evidence to satisfy that the invoice is a proper
invoice and should be paid, the invoice will be paid at Day 60. If not,
the county will deny payment, and then the vendor has the opportunity
to go to court and sue the county and make a claim that he or she was
improperly denied. That is the state statute. That is what is
incorporated in this ordinance.
And as to who pays, the Board of County Commissioners is the
only body politic that can make the decision as to whether or not
payment should be made. That is a discretionary decision. That is the
spending decision. That decision is not made by the Clerk of Courts.
The Clerk's function is ministerial, it is administrative, and it is limited
by statute. The Clerk cannot do more than what statutes allow him to
do.
He is required to preaudit to a narrow standard to determine the
legality of payments. That is to determine that it is budgeted for, that it
is procured according to local ordinance or state statute, and to -- oh, I
heard a little squeaking in the background -- and to make the
determination that the goods or services were for a public purpose; not
the determination that it was valid, but merely that it was for a public
purpose, and that is the narrow scope of his audit testing.
That was established in the Alachua case, which is the Supreme
Court case which governs this. That's it. And that is the process in a
nutshell. There is no other process. It has been defined by the law, and
that is what we are adopting here today.
And that will resolve these issues because it will bring finality. It
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May 10, 2016
will actually bring two things. It will bring clarity as to what the
deficiencies are to give the vendor the opportunity to cure, and it will
also bring finality to the process since the law says it must come to a
conclusion within Day 60.
All the other counties in the state are doing it, and we have to
also.
CHAIRWOMAN FIALA: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. The reason that I support this
is that I feel like it gives the vendors a process that they can depend on.
You know, the public debate that has been going on ad nauseam here
for years and years has to do with the procedures and policies of the
County Manager's agency in the county and the procedures and
policies of the Clerk of Courts.
And how many times have we seen vendors stand up at the
podium here and say, well, that's good that you-all are debating
whether these are right and proper or not, but what is my process to get
paid?
So I think this is only fair that we take the Prompt Payment Act as
defined by the legislature and, you know, have this dispute resolution
process in place so that the vendors can go forward and they don't
languish over time.
So I give staff a great deal of credit for putting this together. I
think it is the one thing that perhaps will help our vendors get
satisfaction.
So that's why I make the motion for approval.
CHAIRWOMAN FIALA: Thank you.
Commissioner Taylor.
COMMISSIONER TAYLOR: And I support the concept,
clearly. It troubles me a little bit about -- it seems to be straying into
the Clerk versus the County Manager again, and that's what -- I need to
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May 10, 2016
ask a question, and I do that in the spirit of learning about things, not
condemning.
But, County Manager Ochs, was the Clerk's Office involved in
the creation of this at all?
MR. OCHS: No, ma'am.
COMMISSIONER TAYLOR: Were they briefed at all about this
at all, or have they been asked to maybe add to it in any way?
MR. OCHS: Not to my knowledge. We just followed the statute,
essentially.
COMMISSIONER TAYLOR: Okay.
MR. OCHS: Which I'm not sure we have too much discretion on
that, Commissioner.
COMMISSIONER TAYLOR: No, I agree, but maybe there
could have been positive input; that's just a suggestion. I hate silo kind
of decisions, and this seems to be what has happened. But I certainly
could support it.
Now, I'd like to ask Commissioner Henning again to explain how
you would modify this, sir, or how -- what is your -- what is your
concern? Understanding that I think everyone up here wants to get the
vendors paid. There's no question about it.
COMMISSIONER HENNING: Well, yeah. And I think there's a
misconception that this is going to provide payment to the vendor.
And there is nothing in there because -- Commissioner Nance, you
think this is going to get --
COMMISSIONER NANCE: No, I don't think it will. I think it's
just providing the vendor with a procedure that he can follow if he
continues to feel like he's caught between an intergovernmental dispute
and has no option to get compensated in a timely fashion for what he
feels like he has fairly delivered.
It's just, like I say, we have our procedures and policies; we're
debating them. The Clerk has done the same; he's debating them. And
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May 10, 2016
these ladies and gentlemen whose businesses -- you know, they come
before us and they say, well, tell me what I have to do. If they can't get
any satisfaction, it seems like the State of Florida, through their --
through their Prompt Payment Act, has so directed that this is in place
and that we need to be able to work within that statute. And I think
that's all this dispute resolution process proposal does. It doesn't assure
payment. It just allows the process to continue forward to some sort of
a resolution.
COMMISSIONER HENNING: Right. And I think -- I'm glad
everybody has the understanding. To take it a step further,
Commissioner Taylor, to answer your question, is you being inclusive
instead of exclusive. And the staff was directed to do what they have
brought back, but to be inclusive you would want to include all the
parties involved --
COMMISSIONER TAYLOR: I agree.
COMMISSIONER HENNING: -- such as the Clerk of the Court,
to do payment.
And my suggestion would --just give you a parable of what they
do in growth management. There is a turnaround time. In other words,
staff only has certain days to answer, and the applicant has many days.
Well, the applicant in this case would be county staff, who's submitting
the invoices to the Clerk, should have so many days to respond to the
information requested under the law.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: That was my -- that was my
whole suggestion to get the vendors paid; however, when you don't --
when you have -- obvious what's happening is this disagreement or tiff
or whatever you want to call it between the county staff and an
independent constitutional officer and nobody's going to step in
between and said (sic), you're going to resolve this, County Manager,
by putting in a process to make sure that the vendor gets paid.
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May 10, 2016
And give you an example, we had somebody stand up here
months ago and said -- and did subcontracting work or paid a
subcontractor to do work in Immokalee. It was, like, $27,000. Well,
he wasn't getting paid because he didn't provide the invoice from the
subcontractor.
Well, when you got that information, and it was demonstrated by
Crystal that this subcontractor, instead of marking it up, I think, 10
percent, of what the contract said, he marked it up 33 percent.
Fraudulently submitted information to the county. And in
communication with the County Manager, what are you going to do
about that?
They haven't done anything about it, and they're not going to do
anything about it because the -- what I get from the County Manager
and the Deputy County Manager is, pay them. Pay the 33 percent
more than what is contracted.
Okay. And that's Bart Zino that stood up there and said, "I want
to get paid."
CHAIRWOMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. I don't think we need to
continuously slip into detailed analysis of any given situation. We
certainly need to have a process in place.
The Clerk of Courts, one of his last appearances before the Board
on another agenda item, said that he would more than happy -- be
happy to have a dispute resolution process as directed by Florida
Statute. He stood here and said that.
So I don't think that the Clerk of Courts is out of agreement on
having a dispute resolution process as outlined by statute because he
stood here and said that he would be more than happy to do that.
Am I wrong, Crystal? I think that he did. I think he was happy to
say, yeah, we'd certainly be more than happy to do that.
MS. KINZEL: Commissioner Nance, this is your dispute
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May 10, 2016
resolution, so the Board can choose to do whatever.
COMMISSIONER NANCE: Yeah, but I mean, the Clerk so
indicated he had no problem with the statute and would be delighted to
participate.
So if that's not the case, I'd be surprised. But I didn't think it was a
requirement to have the Clerk participate in developing a process that
was already fairly much outlined, but -- so anyway.
CHAIRWOMAN FIALA: Okay. And -- okay, folks. We've got
a whole audience here, and I think we ought to be winding this up
rather than everybody talking, talking, talking, unless you have
something new.
COMMISSIONER HENNING: I'm done.
CHAIRWOMAN FIALA: Commissioner Taylor, do you have
something new?
COMMISSIONER TAYLOR: No.
CHAIRWOMAN FIALA: Okay. Commissioner Hiller, do you
have something new?
COMMISSIONER HILLER: No, other than to say that --
CHAIRWOMAN FIALA: Okay. Very good.
COMMISSIONER HILLER: Let me just say the Clerk is Clerk
to the Board and will --
CHAIRWOMAN FIALA: That's nothing new.
COMMISSIONER HILLER: But -- yeah. I just want to -- I just
-- that's a very good point, but I just -- this is -- this is very important.
There is a statutory provision that provides that the Clerk shall provide
such service and shall conduct himself as the Board shall direct. And
the Board is directing, by way of this ordinance, that the Clerk will
participate --
CHAIRWOMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: -- in conformance with this
ordinance that is critical.
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May 10, 2016
COMMISSIONER NANCE: Let's call the question.
CHAIRWOMAN FIALA: Okay. Let's -- okay. We have a
motion on the floor and a second. Sorry to interrupt --
COMMISSIONER HILLER: That's okay. I totally understand.
CHAIRWOMAN FIALA: -- you, but --
COMMISSIONER HILLER: I understand.
CHAIRWOMAN FIALA: And with that, all in favor, signify by
saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: And opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Very good.
Now, before we move on, County Manager, we have our
stenographer, court stenographer, who's going to need a break, and I
would hate to interrupt the proceedings, and yet we've got a lot of
people waiting here to get back to work as well.
What do you want to do about this?
COMMISSIONER NANCE: Let's take a break.
MR. OCHS: Let's take a 10-minute break, perhaps.
COMMISSIONER TAYLOR: Or five minutes. Maybe five.
MR. OCHS: Five? She indicates five minutes would be enough
to allow her to --
CHAIRWOMAN FIALA: Five minutes, okay.
MR. OCHS: -- rest her hands before --
CHAIRWOMAN FIALA: We don't even have to go -- yeah, I
know they have to -- that's the problem. They have to take everything
down, and their hands get so exhausted, she needs to just exercise. But
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May 10, 2016
thank you very much.
We'll be back at 10:25.
MR. OCHS: Twenty-two.
CHAIRWOMAN FIALA: Okay, 22.
MR. OCHS: Five minutes.
CHAIRWOMAN FIALA: All right. Five minutes.
MR. OCHS: Thank you.
(A brief recess was had.)
MR. OCHS: Madam Chairman, you have a live mike.
Item #11B
PROVIDING DIRECTION TO STAFF REGARDING THE USE OF
FLUORIDE IN THE PUBLIC POTABLE WATER SUPPLY
DISTRIBUTED BY THE PUBLIC UTILITIES DEPARTMENT'S
WATER DIVISION - MOTION TO PUT THIS ITEM ON THE
NOVEMBER BALLOT AND ALLOW THE VOTERS TO MAKE
THE DECISION — FAILED DUE TO LACK OF A SECOND;
MOTION TO KEEP THE FLUORIDE IN THE PUBLIC POTABLE
WATER SUPPLY — APPROVED
CHAIRWOMAN FIALA: Very good. Thank you so much. We
appreciate all of you being here today. And we have 70 speakers.
That's going to take us an awfully long time. So what we're going to
try and do is tighten this thing up just a little bit.
First of all, the petitioner wanted 15 minutes. We're going to --
we were going to leave it at 10, but we granted her the extra five
minutes, so then we have to give the other side the extra five minutes.
Now, all of the 70 speakers, a lot of them have requested to deed
their time to somebody else. I would suggest that the person who got
the time deeded to them, try and tighten it up as much as you can. We
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May 10, 2016
know what it's all about. It's for and against. That's what it's all going
to be. We understand that. And each one is going to give their reasons
for it.
I would suggest that if you can -- we always give a three-minute.
We might even ask you to try and do this in two minutes if you feel
like speaking. But if somebody has already said what you want to say,
we would be happy to have you just say "I agree," and we could
tighten it up a little bit more that way.
Even with our first two speakers, we've got a half an hour, and we
haven't even started listening to anyone. So that's what I'm going to
ask you to do. And I'll do what I can to speed this along.
And with that, Steve Camel!.
MR. CARNELL: Thank you, Madam Chairman, members of the
board. Steve Camel!, your public services department head, and I am
the liaison to the Florida Department of Health, your liaison.
On January 12th, the BCC heard a public petition requesting that
the Collier County Water/Sewer District discontinue the use of fluoride
in the production of potable water, drinking water. That's a practice
that Collier County's been engaged in since 1985.
In response to the petition, the Board directed staff to schedule the
issue for further discussion, so we're back today in response to that
direction.
Today's agenda package includes a summary of operating
information from your water division director regarding the
water/sewer district's annual cost of fluoridation, a summary of the
various local drinking water providers and their practices regarding
fluoride, and some data regarding those who use wells in Collier
County for their drinking water.
Also, the agenda package includes a PowerPoint presentation
from your county health administrator; a presentation from the
petitioner, Ms. Camden Smith; and information that was presented to
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May 10, 2016
the Board in September of 2011, which was the last time the Board had
a policy discussion regarding this issue.
As you mentioned, Madam Chairman, both Camden Smith and
Stephanie Vick have been allotted time to speak, and then we have, as
you said, 70 public speakers, so I'll turn it over to you to direct us from
here.
CHAIRWOMAN FIALA: Very good. Thank you so much.
And Camden has assured me that she can do this in the tight 15
minutes. So let's -- with that, let's call to the microphone, if you can
find a place there to start your presentation.
MS. SMITH: Well, they're working on some audio, and I'm
going to need that. So do you want to fix it real quick? It has nothing
to do with me. Hang on. Because I'm going to need that computer.
This has nothing to do with me.
If you want me to go, then we can work on it. I don't want to
upset the Chairman. I work for the Board.
CHAIRWOMAN FIALA: Yeah, I could be mean.
MS. SMITH: No. Well, your mean is still nicer than I am.
Okay, hang on. Let me bring up my Explorer. Okay. I'll let that
start in a second.
Camden Smith, for the record. I am the original petitioner who
was asking you to end the water fluoridation program. I want you to
keep in mind the following information. I'm not going to go back
through and regurgitate what fluoride does. You know. You received
all of the information and backup.
But what I want you to keep in mind is the number 203.38
milligrams of fluoride daily that people have exposure to in Collier
County. Now, that's on the high end. So we have anywhere between
89 milligrams and 203 milligrams. And you have a handout in the
sheets, Collier County residents and visitor exposure to fluoride, that
shows you how I came up with that equation.
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May 10, 2016
The question is, of that very absurd amount of fluoride, how
much am I actually absorbing? Not all of it, of course. And I'm no
expert, so I went out and found experts, talked to them. I want to show
an eight-minute video, and then I will be doing a very brief summary
to spare you extra time.
It's buffering. I don't know, Troy. It's buffering. It played for
you. Oh, it's going to have to buffer. Yeah, it's really buffering.
While that loads, I'm going to do part of my summary because
this is going to take too much time. The system's very slow.
Okay. So what I'm going to do is, while it buffers, I'm going to
do a little bit of my summary because we're doing some time counting
here.
The Collier County Health Department and the Collier County
Public School District do third grade -- they perform third grade
inspections for dental and tooth decay. And you'll see that sheet. I've
given you a sheet that says, "Proof there is no fluoride connection to
lower cavity rates." Well, that is, in fact, the truth, because while the
health department has said Tommie Barfield on Marco Island has no
fluoride in the water and they have a higher tooth decay rate, some of
your lowest tooth decay rates are in your non-fluoridated schools; that
is Golden Gate Estates Elementary as well as another one, Palmetto
Elementary.
Some of your highest fluoride rates are in your water fluoridated
schools; that is children who live in districts where they receive
fluoridated water.
Based on this, which was provided to me by the health
department, there's no empirical data support showing that water
fluoridation actually has a true impact on tooth decay rates because
some of your lowest rates are in non-fluoridated areas.
Now, I wanted to -- remember, I told you about 203 milligrams. 1
That's my exposure based on how much I weigh and how much water I
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May 10, 2016
use. And I used the U.S. Geologic Service, that's the federal
government's, averages for usage.
And you'll see that on the sheets I gave you with the tables. And
I'd really like you to take a look at them, because I put a lot of effort in
this. I know you get a lot of information. But 203 milligrams does not
mean even though I'm exposed to that I absorb that.
So not being a mathematician, I went out and found the experts,
and that is the EPA's general exposure formula. Using their general
exposure formula with 203 milligrams, my weight, how often I'm
exposed, which is a daily rate, and the bio-availability factor of
fluoride, which is -- on the moderation and median, it's 7.2. That
means on a daily basis I am absorbing 23.28 milligrams of fluoride
when the recommended daily amount is 3 milligrams for me because
I'm a female over 14 years old.
Over an annual basis, that means this county in a
water-fluoridated area is asking my body to absorb 7,402 extra
milligrams of fluoride every single year.
Now, you may be able to process that out and your bodies may be
a lot better than mine, being Type 1 diabetic and having an
autoimmune disease, but I assure you, my body has enough to deal
with, as many people do with diseases, that 7,402 extra milligrams
annually of fluoride is absolutely unnecessary, and it means I'm
overexposed, you're overexposed, even if you support it, and everyone
in this room, whether they support it or not, is overexposed to fluoride,
which is why I'm asking you to end the water fluoridation program.
And I'm using the EPA's general exposure mathematics. I'm not
inventing a method.
Now, I'm going to try to show you this video. I've got to love
Collier County Internet. It's a little slow, so I'm going to hit play. I
went out and found experts to talk to. This is an eight-minute video. I
pray to God it buffers, and we'll just see how we do.
Page 50
May 10, 2016
(Video being played.)
..."seeks to end the water fluoridation
program.
DR. CAROL LAYTON: Fluoride is the only
chemical added to water that does not
actually treat the water. In addition, it
actually violates the Clean Water Act.
Fluoride is added to prevent a disease,
tooth decay, that is not caused by drinking
water.
While iodine can be added to the salt
and Vitamin D is added to milk, both of which
are essential nutrients for health, the
additional of fluoride to water is not an
essential nutrient.
MS. SMITH: After the age of 10, is
fluoride taken internally, for example,
drinking it or prescription beneficial?
DR. GARRY SMITH: After the age of 10,
it's not beneficial internally because the
teeth are fully formed. The only time you
use it is topically to present other things
like gum disease, superficial decay because
they have brackets on, that type of thing.
But it's not -- in the water, it wouldn't be
helpful. You need it in a prescription
strength for a mouth rinse.
DR. CAROL LAYTON: As a dentist
practicing for over 39 years now, I initially
supported water fluoridation, and I used
fluoride topically in my practice for many
Page 51
May 10, 2016
years.
All of this gradually changed. I have a
daughter. And most people are -- become
passionate and advocates because of personal
experiences, and I'm no exception.
I have a daughter that is 43 years old
now, and she developed fluorosis. My
youngest son, who is 25 now, would go outside
the office every time I applied topical
fluoride to his teeth and he threw up.
There is ingestion absorption of
fluoride through the mucous membranes every
time a topical fluoride was applied, whether
we like to believe this or not. This was not
what a young mother wanted for her children.
Little research has been done on this
subject on the effectiveness of fluoride in
the water since 1975 or so, and it was all
poorly done with small sample sizes not done
over long periods of time or other factors
controlled, yet the mantra of safe and
effective is still the mindless chant of the
American and Dental Association.
DR. JOEL BOHEMIER: So while I'm a
doctor of chiropractic, my practice focuses
on whole body health. And so we focus on
five essentials. We focus on the mind, on
the nerve system, on nutrition, on oxygen
through exercise and lean muscle, and we
focus on toxicity, and it is -- toxicity is a
huge problem in the 21st century.
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May 10, 2016
We have toxins in the air in what we
breathe, in what we eat, in what we drink.
There are toxins everywhere, and they slowly
bio-accumulate, meaning they fill -- imagine
your body like a bucket. They fill your
bucket up, and eventually it leads to
symptoms and it leads to disease process.
DR. CAROL ROBERTS: I've done functional
medicine now for 20 years, and I'm all about
nutrition and health and the health-promoting
effects of good nutrition and hormone
balance, et cetera.
So the question of fluoridation of city
drinking water has come up. And I did a
PubMed search, and I've come up with some
articles that very clearly have changed the
tone of what fluoride should be used for and
the ways that it should be used.
Indeed, it's true that fluoride does
reduce the number of cavities. That's its
greatest benefit; however, recent articles
have shown that it is more effective used in
a toothpaste or in a topical preparation than
it is as -- when it's ingested.
When it's ingested, it has deleterious
bad effects on several body systems,
particularly the thyroid where it interferes
with iodine metabolism. Most people in my
practice even, who are very well aware of
nutrition, are still iodine deficient, and
fluoride competes with iodine.
Page 53
May 10, 2016
And so you can get low thyroid
functioning as a result. It also stains
teeth; it also damages bone, making it
brittle; it has a bad effect on nerves and
muscles as well. And all of this is
supported through the scientific literature.
DR. JOEL BOHEMIER: If you look back
through toxicity history, you look at things
like lead toxicity. You know, they said the
same thing, the chemical industry said the
same thing, that lead was fine. It was only
toxic at certain levels, but when you
breathed it in, it didn't affect you, right?
And once they determined that there was
an element of toxicity that, yeah, you could
breathe it in, you know, it took 25 years to
remove it from our body, and it's still
affecting people today.
They're saying the same thing with
fluoride. They're saying, oh, just because
we use small levels of it, it's fine. It's
not. There's research that shows and puts in
question fluoride.
And so even if you're -- even if you're
of the opinion that fluoride might be
beneficial for your teeth, there is not one
biological process in the body that requires
fluoride.
DR. GARRY SMITH: We have no idea how
much exposure to fluoride they're getting, so
the prescription strength is the best way,
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May 10, 2016
and there are prescriptions available at the
pharmacy. We write them all the time."
(The video ended.)
MS. SMITH: There we go with the buffering.
In summary, what the video -- I'm not even going to bother to
show you the rest of the video -- which is really, really good -- because
our Internet is just way too slow here.
In summary, what I said was that many may be harmed by
leaving fluoride in our water, but no one would be specifically harmed
taking it out because we have fluoridated toothpaste and, believe it or
not, even eating produce and foods, because they are processed with,
unfortunately, pesticides, they contain fluoride.
So if someone wants to access fluoride, they can and,
unfortunately, it's almost impossible to escape. But I can tell you that I
don't need an extra 7,402 milligrams of fluoride on an annual basis
because I don't need it, and there's no biological use in my body for it.
So I am asking you to please truly, truly consider the weight of
how much we're exposing people because, really, if someone can't
detoxify the extra fluoride, the water is toxic for them; maybe not for
all, but for them.
Thank you for considering ending the water fluoridation program,
and I'm really sorry you didn't get to see the rest of my video. IT, we
need to fix this. Thanks.
A lause.
C pp )
CHAIRWOMAN FIALA: Now we have Stephanie Vick, right,
from the public health unit.
MS. VICK: Well, good morning, Madam Chair and
Commissioners. I feel like deja vu.
But, yes, let me see if I can get a sheet. It's still buffering hers.
So you-all know me. I am from your local health department, but
I'm also -- the local health department is the arm of the Florida
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May 10, 2016
Department of Health. So we are your state representatives in Collier
County.
The Florida Department of Health really stands behind
community water fluoridation. I think you've received plenty of
information that would let you know that, and it's no surprise that I'm
standing up there (sic) saying this.
Here's a quote from our former Surgeon General and Secretary of
health. This is from Dr. Armstrong saying that we're strongly
committed to fluoridation in the community water system. It's an ideal
public health measure where everybody benefits, rich or poor, no
matter the age, and without requiring any conscious effort on the part
of the individual.
Now, I would have to disagree with Ms. Smith when she's saying
that some people can't tolerate the level of fluoridation that we use in
our water. It's minuscule. It's the amount that you need to protect your
teeth. If-- I want to show you a statement from the U.S. Surgeon
General, but I'm not sure that it's going to work.
MR. CARNELL: Do you want to take a moment, and we'll pull it
up on YouTube?
MS. VICK: Yes. Because it's -- it's a very good statement from
the U.S. Surgeon general about the virtues of community water
fluoridation. Let's see if I can pull it up here. And I promise you I
won't be taking the 15 minutes.
COMMISSIONER HENNING: Are you sure?
(Video being played.)
"DR. MURTHY: Over the past 70 years,
community water fluoridation has contributed
to dramatic declines --"
MS. VICK: You can hear?
COMMISSIONER TAYLOR: No.
MS. VICK: Sorry.
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May 10, 2016
"DR. MURTHY: -- in both the prevalence
and severity of tooth decay.
This is why the CDC named it one of the
10 great public health achievements of the
20th century, along with the immunizations,
family planning, tobacco control, and motor
vehicle safety.
Water fluoridation is the best method
for delivering fluoride to all members of the
community, regardless of age, education,
income level, or access to your routine
dental care.
Fluoride's effectiveness in preventing
tooth decay extends throughout once's life,
resulting in fewer and less severe cavities.
In fact, each generation born over the
past 70 years has enjoyed better dental
health than the one before it. That is the
very essence of the American promise.
Our progress on this issue over the past
70 years has been undeniable, but we still
have work to do because we know that so much
of our health is still determined by zip code
rather than genetic code.
That's why creating a culture of disease
prevention through community efforts and
insuring health equity for all is one of my
highest priorities.
Community water fluoridation helps us
meet these goals, as it is one of the most
cost effective, equitable, and safe measures
Page 57
May 10, 2016
communities can take to prevent tooth decay
and improve oral health.
Advocates and community leaders have
fought for water fluoridation in communities
throughout our country. Today we applaud
their efforts, and we will not rest until
every community is equipped with the tools
they need to help their residents live
healthy, happy lives.
Water fluoridation will be a critical
part of that effort, and I look forward to
working side by side with community leaders
to make that goal a reality."
(Video ended.)
MS. VICK: So as you can see, this isn't just the state of Florida.
It's not just Collier County. It's a national effort. And fluoride is
touted to be important for everybody.
So what happens -- what do you think happens if we take fluoride
out of the water? If we take fluoride out of the water, you can expect
that we're going to have an increased rate of tooth decay. The figures
are about 19 percent increased rate.
And that's even if we have people using the topical products that
have been touted here early. That's even if we're using fluoride rinses.
And let me tell you, prescriptions for fluoride are not -- are not
practical across the board for everybody in the county. They're very
expensive whereas community water fluoridation is very cheap and
easily done.
It's recommended by major public health agencies in the U.S. and
by major medical agencies in the U.S., the Centers for Disease Control,
the American Dental Association, the American Academy of
Pediatrics, even the World Health Organization recommends
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fluoridated water, and where you cannot do fluoridated water, there are
other options of delivering fluoride to mass populations.
So the Florida Department of Health says to you that community
water fluoridation is safe, it's effective, it's cost saving, and it happens
to be one of the top 10 public health achievements in the century.
Now, there are other speakers here today that will give you the
nitty-gritty science, and that is why I'm not spending time here to say
that to you. But I want you to know that we support community water
fluoridation and hope that you will continue to support it as well.
Thank you.
(Applause.)
CHAIRWOMAN FIALA: And now we'll ask Troy to call on our
speakers. We're going to -- as I said before, if you just want to confirm
that you agree with whatever they say, I would appreciate it if you
would just say "I agree" or "I pass" or whatever.
Meanwhile, I'm going to ask all commissioners not to plan to
speak until we've heard all of our speakers. That way it will speed it
up as well.
MR. MILLER: Madam Chairman, we have 77 speakers.
Now, I'm going to ask the speakers to utilize both podiums. I will
call the name of the present speaker and the next speaker. If we could
use both podiums.
Our speaker is Dr. Joel Bohemier, and he's been ceded three
additional minutes from Meagan Jackson. Ms. Jackson, can you
indicate your presence?
MS. JACKSON: Here.
MR. MILLER: He will be followed by Marque Kolock.
CHAIRWOMAN FIALA: Would you step up to the other
podium, please.
MR. MILLER: Go ahead, sir.
DR. BOHEMIER: My name is Dr. Joel Bohemier. I'm a local
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chiropractor here. Madam Chairman, thank you for having me.
You're going to hear pros and cons today on both sides of the
aisle, and a lot of people showed up with banners and signs and stuff,
which is all nice, but there are a few facts that I'd like to share with you
that are even of greater concern than do they help or not help with
cavities.
Number one, fluoride is a neurotoxin. It is toxic to nerve tissue.
That's undeniable. It is a neurotoxin. It calcifies the pineal gland. The
pineal gland is responsible for circadian rhythms. It's responsible for
producing a hormone called melatonin, and we find that when there's
calcification of the pineal gland, it affects and influences the pituitary
gland in a cascade response, which affects the FSH, follicular
stimulating hormone, and LH, which cause an early onset of puberty.
And so what we've found is that -- with sciences showing that there's
approximately five months of early onset of puberty.
Now, I understand that there are other neurotoxins involved, but
fluoride has a direct link to early onset of puberty, and that's a problem.
I think many people can see that maybe 30 years ago the onset of
puberty was different, a little bit later than it is today.
So as a neurotoxin, I believe that it is -- there are too many in our
society. There are too many in our environment. And if we could
reduce the amount, that is beneficial.
We -- I have patients who are here with me today, one of which
has shown extremely high levels of fluoride in her system. She is a
cancer survivor, and she has multiple hormone issues and
dis-regulation.
Do you know how difficult it is to deal with somebody who has
hormone dis-regulation, which is a very common today -- disease of
the new millennium. One of the causes is neurotoxins, and fluoride is
one. I believe that there's even a bigger issue than that, however --
because other people will talk about toxicity and it's effects in the
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body. And for me, the issue is that you will see science from, I'll say,
the pro-fluoride group that shows that, for example, in Calgary, when
they took out fluor -- when they took fluoride out of the water in 2011,
that cavities increased, and they compared it to a city in Canada called
Edmonton, which is pretty close, about a three-hour drive away, and
they found that it increased there as well, right, but at slightly different
rates.
You'll also find cities like Toronto, Canada, and Vancouver, the
two biggest cities in Canada, where Toronto has fluoridation and has
done it for 40 years, and Vancouver has never done water fluoridation,
and there's less dental cavities in Vancouver than there are in Toronto.
So the science is conflicting. You'll find some pro and some against.
However, there's one issue that I personally have, and many
people do, and it's the freedom of choice. We use fluoride as a drug to
treat and prevent cavities. It's very clear we don't use it for anything
else. It's to treat and prevent cavities. Any other drug on the face of
the plant demands what's called informed consent in medicine, except
for fluoride.
It would be the equivalent of saying, well, you know, diabetes is
on the rise, so let's put metformin in the water, or depression is on the
rise, let's put Prozac in the water so everybody can benefit.
That's -- that's absolutely insane. It makes absolutely no sense,
and it is the exact same thing because I now have no choice but to
ingest this chemical, this neurotoxin, this hormone disruptor because
it's been done forever.
Now, I understand that changing the status quo is not easy. I
understand that it's been done for a long time, but it doesn't mean it's
right. There are many examples of where stalling and delaying the
precautionary principle and just going with status quo has led to untold
amounts of disease process and untold amounts of harm. And I'm
hoping that you guys, as commissioners, will see that maybe in this
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case the precautionary principles should rule, and that means that when
there is suggestion of toxicity, when there is suggestion of hormone
dis-regulation, that we should maybe step back and pull it out of the
water before we just continue with the status quo. That's been proven
time and time again.
You know, the advocates for fluoride are not the ones who are
responsible for the health of me and my family. They're not the ones
who are going to bear the burdens of patients of mine who are
suffering severely from neurotoxicity. They're not the ones who are
responsible, but they will gladly chant to prevent cavities and have
everybody forced to do it.
Listen, I don't want cavities for my children, myself, or anybody
for that fact. We're all anti-cavities, but the cause of a cavity is sugar
and acidity formed by bacteria, not by a lack of fluoridation and, for
that matter, I'm asking you to please consider the precautionary
principle and remove fluoride from the water. Thank you.
MR. MILLER: Your next speaker --
(Applause.)
CHAIRWOMAN FIALA: Folks, that just holds it up. We can't
get moving on. And also those with these signs, especially those in the
back, people can't see beyond them. You're holding it up in front of
our staffs faces as well. I would ask that you please don't do that.
If--just be conscious of the people around you so that they can
see also and you're not waving a sign in their face. I would ask you to
do that.
And from here on in, would you hold your applause? I
understand how you're feeling, and that's great, but we need to move
on.
Sir -- and would you call the next --
MR. MILLER: Madam Chair, your next speaker is Marque
Kolock. He'll be followed by Mary Jo Williams. If you could wait at
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the other podium. Thank you.
Sir?
MR. KOLOCK: Thank you.
Madam Chair, good morning, ladies and gentlemen. Thank you
so much for having this hearing. My name is Marque Kolock. I'm a
corporate training executive, Collier County resident, and a health
coach.
Today I'd like to tell you a little bit of a story. You may have
heard it before, but I feel like I want to read it to you one more time.
It goes like this: Fluoride is not a pharmaceutical grade product,
but it's an industrial waste byproduct from the phosphate mining
industry found mostly in Central Florida.
In the process of converting phosphate rock into soluble fertilizer,
two very toxic gases are released, hydrogen fluoride and silicone
tetrafluoride.
Although illegal now, in the past the phosphate industry used to
let these two gases vent freely up their smokestacks into the
atmosphere, so much so that between 1957 and 1970 in Central Florida
the phosphate industry in Polk County was successfully sued by
farmers and citizens living near their plants for killing 3,000 -- 30,000
head of cattle and destroying 25,000 acres of citrus groves in the area
through fluorine gas.
In fact, the airborne fluorides have caused more worldwide
damage to crops and domestic animals than any other known air
pollutant. Today those phosphate plants are prohibited by law from
disposing of their toxic industrial fluoride effluents either out their
chimneys or in the local environment.
So with the help of new pollution control devices called wet
scrubbers, the phosphate industry is able to capture poisonous fluorine
gases before they vent and turn those gases into another byproduct, if
you will, rather than having them go up the chimney, and that
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byproduct is what we know as fluoride.
Then the fluoride acid, a classified hazardous waste, is barreled
up and sold unrefined, untreated, untouched, still in its toxic state, to
communities across the country where it is added to their water
supplies as the primary fluoride chemical for water fluoridation.
In other words, fluoride-toxic phosphate chemical mine tailings
are pumped into water -- into trucks at the plants in Central Florida and
shipped all over the country and dumped into our water supply.
Our retired senior vice president of the EPA headquarters union,
when asked about fluoride in the drinking water, stated the following,
and I quote: If this stuff gets into the air, into a river, or into a lake, it's
a pollutant, and it's illegal. If it goes right into your drinking water
system, however, it's not a pollutant and it's perfectly legal. He said,
this, to me, is amazing.
I would just like you to consider, along with the other health
hazards of this, that you be visionaries and choose to remove fluoride
from our beloved Collier County water supply.
Thank you.
(Applause.)
MR. MILLER: Your next speaker is Mary Jo Williams. She'll be
followed by Pat Acerra. I hope I'm saying that right.
Mary Jo?
MS. WILLIAMS: Good morning. My name is Mary Jo
Williams. I worked in Germany and Italy from the Year 2000 to 2015
for the Department of Defense Dependent Schools.
I was the reading recovery teacher leader for the Mediterranean
district. Our focus was to help first-grade children who were
struggling with reading catch up with their peers in as short a time as
possible. I care deeply about young children.
I lived on the economy and was very happy that the water supply
was not fluoridated. The military children at Aviano Air Force base
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also lived on the economy and drank un-fluoridated water.
My entire life I have researched wellness because it interests me,
and I wish to be as healthy as possible. One of the first things I did
when retiring to Southwest Florida last summer was to purchase a
Berkey gravity water system. The system removes any additives that
are not good for my health, like fluoride, while leaving in valuable
minerals.
I spent quite a bit of money on this system, but it was well worth
it to maintain my health. I had the money to do this. So I had a
choice. Not all people can afford to purchase and maintain a filter
system. Not all people understand the problem with fluoride in our
bodies.
There are many compelling reasons that have been presented for
not adding fluoride to the water. Those children I taught and the
children of Italy where there is no fluoridation have been found by the
World Health Organization to have dramatic decrease in caries over
the last 40 years.
It has been hypothesized that fluoridated toothpaste and better
diets could be the reason -- sorry -- but no one really knows. What we
do know is that if caries decreases with fluoridated and un-fluoridated
water, why would we add something children or adults don't need?
Thank you for your time.
MR. MILLER: Your next speaker is Pat Accera. She'll be
followed by Kristin Ostrander.
MS. ACCERA: I have handouts.
MR. MILLER: I'm sorry. What?
MS. ACCERA: I have handouts.
MR. MILLER: You have to ask the Board.
MS. ACCERA: May I give you a quick handout?
CHAIRWOMAN FIALA: Pardon me?
MS. ACCERA: May I give you a handout?
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CHAIRWOMAN FIALA: Well, we don't want to read it while
you're talking. We can have the attorney --
MS. ACCERA: It's just a picture.
CHAIRWOMAN FIALA: Okay. Well, okay.
MS. ACCERA: It's a picture.
CHAIRWOMAN FIALA: You're already on the time clock.
MS. ACCERA: Okay. My name is Patricia Accera. I'm an
acupuncture physician with a private practice in Naples for over 20
years. Ninety percent of staying healthy is avoiding those elements that
destruct the body's natural ability to function.
I'm going to be speaking on the endocrine system specifically
which is a sensitive collection of glands that produce hormones, and
that simple handout is just to show you the complexity of this system.
If one part -- if you consider it software for your body, if one part
of that software gets a little virus in it, the whole body can go haywire.
We have a very sensitive homeostasis that the body maintains.
There is no government agency responsible for monitoring the
effects of fluoridated water on any organ, gland, or system of the body
other than teeth. That's crucial.
In our court system, the jury's encouraged to refrain from giving a
guilty verdict if there's any reasonable doubt.
So what I plan to do here is just give you a few quotes from a
scientific journal and hopefully instill some reasonable doubt in your
mind.
I will be quoting from a 500-page report by the National Research
Council entitled, "Fluoride in Drinking Water, a Scientific Review,"
and this project was supported by a contract between the National
Academy of Sciences and the United States Environmental Protection
Agency. They reviewed various reports throughout the year, and these
are a summary of the reviews straight from the report.
Several lines of information indicate an effect of fluoride
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exposure on thyroid function. Suggested mechanism of the action for
the results reported to date include decreased production of thyroid
hormone, effects on thyroid hormone transport in the blood, and
effects on peripheral conversion of T4 to T3.
Fluoride is likely to cause decreased melatonin production and to
have other effects on normal pineal function which, in turn, could
contribute to a variety of effects in humans.
The major endocrine effects of fluoride exposures reported in
humans include elevated TSH with altered concentrations of T3 and
T4, increased calcitonin activity, increased parathyroid hormone
activity, secondary hyperparathyroidism, impaired glucose tolerance,
and possible effects on timing of sexual maturity. This is a scientific
report.
Does that mean I'm done?
MR. MILLER: Thirty seconds.
CHAIRWOMAN FIALA: Thirty seconds.
MS. ACCERA: Thirty seconds.
In summary, evidence of-- and this is from the report. In
summary, evidence of several types indicates that fluoride affects
normal endocrine function or response. The effects of the
fluoride-induced changes vary in degree and kind for different
individuals. Fluoride is, therefore, an endocrine destructor in the broad
sense of altering normal endocrine function or response.
So I respectfully request that you consider taking this out of our
water. Thank you.
MR. MILLER: Your next speaker is Kristin Ostrander. She'll be
followed by Michael Monteleone.
MS. OSTRANDER: Good morning. My name is Kristin
Ostrander. I'm a CNHP. I'm a wellness doctor and natural practitioner
cancer coach.
But, more importantly, I'm a 14-year cancer survivor. I chose --
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had the choice -- to treat myself naturally without chemo and radiation.
And I stand here today as cancer free and never been healthier. But I
had that choice.
So I agree with all of the information that's been presented on the
possible negative effects of what fluoride can do to the body. I've
spent the last 14 years researching, because when you decide to make
the choice to not do the prescribed chemo and radiation, you better
know what you're going to do to try and fight cancer and build a
stronger body.
Well, that's what I do now. I coach people and teach them about
what they should be doing to be healthier and to fight these things.
And this is a huge thing.
Our bodies are made up of more than 80 percent water. So how
important do you think it is that we put healthy, clean water in our
systems? That is our detoxifying method for the body is to hydrate and
rehydrate and eliminate. We have to have good, clean water to do that.
We live in a paradise where we have the most amazing beauty
and natural resources here in Florida. But I'll tell you, I walk out the
door and I see landscape company after landscape company spraying
toxins and chemicals all over my neighborhood. I have no choice but
to be submitted to what they're putting in my environment. But I
would like the inalienable right to choose what kind of water I put into
my body, and I believe it's my inalienable right, as it is yours, to have
that choice.
I was also a dental assistant for years, and I realized that people
have the choice to go to the dentist and get a fluoride treatment. Good.
If that's what you believe in, go do it. But don't take my right away to
have good, clean water to help me stay cancer free and healthy and so
that I can talk to everybody that I help and assure them that they also
have that right. Good, clean water. It's number one in helping to fight
cancer and stay well.
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Thank you for listening.
MR. MILLER: Your next speaker is Michael Monteleone. He'll
be followed by Tracy Burton.
MR. MONTELEONE: Chairwoman Fiala, these are excerpts
from a journalistic piece by medical writer Joel Griffiths on the
historical origins of how fluoridation was sold to, at the time, a weary
and suspicious public.
The public relations strategist for the water fluoridation campaign
was none other than Sigmund Freud's nephew, Edward L. Bernaise,
the original spin doctor, as a Washington Post headline recently termed
him.
Bearnaise, also known as the father of public relations, pioneered
the application of his uncle's theories to advertising and government
propaganda.
The government's fluoridation campaign was one of his most
stunning and enduring successes. In his 1928 book Propaganda,
Bernaise explained the structure of the mechanism which controls the
public mind and how it is manipulated by the special pleader, i.e.,
Public Relations Council who seeks to create public acceptance for a
particular idea or a commodity.
If you can influence the group leaders, wrote Bernaise, who had
many confidential industrial clients, either with or without their
conscious cooperation, you automatically influence the group which
they sway.
Describing how, as a PR man for the Beech-Nut Baking
Company, he influenced leaders of the medical professions to promote
sales. Bernaise wrote, the new salesman would suggest to physicians
to say publicly that it is wholesome to eat bacon. He knows as a
mathematical certainly that large numbers of persons will follow the
advice of their doctors because he understands the psychological
relationship of dependence of men on their physicians. Substitute
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dentist for physicians and fluoride for bacon, and the similarities are
apparent.
Almost overnight under Bernaise mass mind molding, the popular
image of fluoride, which at the time was being widely sold as rat and
bug poison, became that of a beneficial provider of gleaming smiles,
absolutely safe, and good for children, bestowed by a benevolent
paternal government.
It was a simple task for promotors under the guidance of the
original spin doctor to paint all opponents as deranged, and they played
this angle to the hilt.
Actually, many of the strongest opponents originally started out
as proponents but changed their mind after a close look at the
evidence, and many opponents came to view fluoridation not as a
communist plot but simply as a capitalist style con job of epic
proportions, which brings us to the last benefit to industry from
fluoridation.
Most of the fluoride added to drinking water has been recycled
waste, particularly from the fertilizer industry. What are the effects of
the decades-long increase in fluoride exposure on the nation's health?
The best answer is, given the size and persuasiveness of the motive for
bias and the extreme politicization of science on this question, no one
knows.
Does fluoridation reduce cavities in children? Almost everyone
feels certain that it does, but only because trusted authorities have told
them so. And those authorities, in turn, receive their information from
leaders who, as the original spin doctor noted, must be influences if
you want to make the public believe something.
Actually, over the years, many health professionals, especially
abroad, have decided that beneficial effects of fluoride are mostly
hokum. But open debate has been stifled if not strangled.
Repeatedly, dentists and doctors who are regarded as paragons of
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professional excellence when they supported fluoride have been
vilified and professionally ostracized after they changed their minds.
CHAIRWOMAN FIALA: Thank you very much.
I don't know if you were able to get all of that; it was so fast.
Were you able to get that?
Okay.
MR. MILLER: Ladies and gentlemen, I want to remind you,
when you come to the podium, please state your first and last name
clearly for the record.
Our next speaker is Tracy Burton. She'll be followed by Karen
Beatty.
MS. BURTON: Good morning, Chairwoman and
Commissioners. The -- my name is Tracy Burton. I'm a resident here
in Naples, Florida. I'm a board-certified holistic health counselor. I'm
a 15-year breast cancer survivor. I've never been in better health in my
entire life, and it's because I made the choice to remove as much as I
possibly could from my own lifestyle all of the toxins that would
impact my body's natural ability to fight cancer, to be healthy, et
cetera.
I'm also on a leadership team of Natural Awakenings magazine
which, as you may know, was founded here in Naples, Florida, is now,
after 22 years of publishing in the natural health and sustainability
marketplace, if you will, with consumers, we have taken a very, very
strong stance against water fluoridation.
I am here to share with you portions of an article that was in our
May issue. I brought copies of this issue for all of you. On Page 29
we have an article that states -- that starts with doctors warn of fluoride
risks. Fluoride works topically, not systemically, which is why it
makes no sense whatsoever to add it to municipal water systems.
Going on in the article it states, physician and New York Times
best-selling author, Mark Hyman, M.D., is calling for a federal
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investigation of water fluoridation of municipal water. And I'm
quoting, there are numerous mechanisms by which uncontrolled
dosing of fluorides through water fluoridation can potentially harm
thyroid function, the body, and the brain.
He goes on to say that a malfunctioned thyroid often leads to
weight gain. Diabetics, patients with kidney diseases are often thirsty,
as are people in a subtropical climate. This causes them to consume
increased amounts of fluorides if they have access to only fluorinated
water.
Communities of color and the underserved are disproportionately
harmed by fluorides because most rely on municipal water sources,
many of which continue to add fluoride despite research showing the
potential harms and negating the potential benefits, end of quote.
I want to go on and quote Christopher Hussar. He's a D.D.S. and
D.O. and also against treating municipal water. He's saying the
majority of European nations discontinued fluorinating water when
their research showed it was not as efficacious as was originally
proposed, that it interferes with thyroid function completely. He states,
it's alarming that 4.6 million people over the age of 12 have
hypothyroidism, a disorder that occurs when the thyroid gland does not
make enough thyroid hormone to meet the body's needs.
I respectfully request we remove fluoride from our water so I can
choose how to care for my body. Thank you.
CHAIRWOMAN FIALA: Thank you.
MR. MILLER: Madam Chair, your next speaker is Karen Beatty.
She'll be followed by Dr. Lina Garcia.
MS. BEATTY: Good morning, Madam Chair. Thank you for
this opportunity to speak.
You know me as -- from some -- another arena, real estate and the
CRA, but today I'm wearing a different hat. Something you don't
know about me is I am also a nutritional counselor, State of Florida
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Board of Health. I keep that license active and throughout the years,
starting way back when I got the license in the late '80s, I've had to do
continuing education to keep my license. Right now I just use it as a
volunteer to help people, friends and family, whomever needs advice.
But in the continuing education, you get to choose from a wide
variety of topics, and one of mine that was the most interesting to me
was environmental toxins. So I first learned about fluoride and -- as an
environmental toxin and being bad for the body and the thyroid in a
continuing education class that was approved by the State of Florida
Department of Health.
These providers that teach these classes, these educators, have to
go through a stringent process to qualify. I find it interesting. It's like
the left hand doesn't know what the right hand's doing.
From there, I just want to tell my little story about my health
situation. I do have a thyroid problem. I do have a kidney problem. I
injured my kidney when I was in my 20s. So I'm one that shouldn't
have fluoride in my water, and I've known this for a long time.
For many years, I had a water distiller because I knew I needed to
not have fluoride in my water, and that worked beautifully for me, but
then I got really tired of the distiller. It was hard to clean. It was hot.
It took five hours to make one gallon. So I sold it, and I got a reverse
osmosis thinking it would do the same. I didn't realize that it didn't.
A year later I went from a mild case of hypothyroid to a
full-blown autoimmune disease called Hashimoto's thyroiditis in one
year of drinking reverse osmosis water. I was very upset when my lab
results showed me I had fluoride, arsenic, and lead in my system.
My healthcare practitioner is Deb Post. You've received a letter
from her. She is a nurse practitioner. And so I was upset. So, I mean,
I was mad. I thought, what the heck? I'm taking such good care of
myself. What is going on here?
So I called the City of Naples water department on 10th Street. I
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talked to a gentleman. He was reluctant to talk to me at first, and I
asked him, does reverse osmosis -- he started talking to me because I
mentioned my thyroid, and his wife has thyroid issues.
I said, does reverse osmosis remove fluoride, and he said no. So
then I had to be in search of another system.
What I want to say to you -- I know you're concerned about the
underprivileged, and I am, too, and I appreciate your hearts on that but,
unfortunately, the underprivileged are getting inundated with fluoride
in their water, and it's very bad for their health.
I suggest that you come up with a creative idea. Perhaps maybe --
CHAIRWOMAN FIALA: Thank you.
MS. BEATTY: -- you know, some other -- some other way. I
definitely am for removing it. I have some petitions here, 21 pages.
CHAIRWOMAN FIALA: We have to stop.
MS. BEATTY: Okay. Well, here's petitions.
MR. MILLER: Madam Chair, your next speaker is Dr. Lina
Garcia. She's been ceded additional time from -- I'm going to try to get
these right -- Garteen Rocken (sic). Someone help me with that.
MR. RAWCLIFFE: Gareth Rawcliffe.
MR. MILLER: Gareth, thank you. Kathleene Mracheck.
MS. MRACHECK: Here.
MR. MILLER: Kaata, is it Marchelle (sic)? Am I reading that
right?
MS. KAATA MRACHECK: Yes.
MR. MILLER: Yes, okay. And Amber Shields.
MR. OCHS: She's over here.
MS. SHIELDS: (Raises hand.)
MR. OCHS: Okay. So that will be a total of 15 minutes. Your
next speaker will be Dr. Paul Connett. Ms. Garcia; Dr. Garcia.
DR. GARCIA: I am Dr. Lina Garcia, a D.M.D., doctor medical
dental, and a D.D.S., doctor in dental surgery.
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When I graduated from both dental schools, I took an oath that to
this day encourages me. The oath said in part, I will strive to advance
my profession by seeking new knowledge and by reexamining the
ideas and practices of the past.
I'm here to present facts. I'm here requesting that you make
decisions on scientific integrity and the ethical principle of first to no
harm.
Water fluoridation is the practice of using the public water supply
as a vehicle to mitigate people. The Food and Drug Administration
classifies fluoride as an unapproved drug; therefore, the FDA does not
support water fluoridation.
Proponents of water fluoridation have yet, in 70 years, produced
any controlled peer-review studies showing the long-term ingestion of
fluoride, that it's safe or effective.
The FDA has labeled every toothpaste and mouthwash with this
warning, if more than used for brushing is accidently swallowed, get
medical help or contact a poison control center right away. This
warning is written under drug fact, and it is required by the Food and
Drug Administration, FDA.
Now, so far, we talked about pharmaceutical grade fluoride,
toothpaste, mouthwash, dental office topic application, but do you
really know where the fluoride in our public water supply comes from?
Certainly not from the pharmaceutical grade but from fluoride rich in
treated, untreated hazardous waste, primarily from the fertilizer
industry, like cargo, other companies (sic), either from the U.S. or
China.
The Environmental Protection Agency, EPA, classifies the
fluoride that has been added to the public water as a hazardous waste.
It's not treated, it's not refined, it's not purified. It's simply loaded in
trucks and dumped into our water supply.
Most countries in the world has made the decision to stop this
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practice; more than 97 percent of the European countries. It is in your
hands to add Collier County to this percentage. It will be 100 percent
sooner than later. Let's do it now.
When we doctors prescribe drugs, we must control the dose and
take into consideration the age, weight, the other drugs they're taking,
allergies. Water fluoridation remove all these controls when used in
public water supply.
Finally, I think it's highly relevant to ask this question that many
people have already. Why should any drug be added to the public
drinking water supplies in a country founded on individual rights and
freedom to choose? Fluoride is the only substance added to the water
intended to medicate the people drinking it, not to treat the water.
As I mentioned before, the proponents for water fluoridation is
still to prove a control peer review study. Nothing so far. Talk, talk,
and talk.
But Harvard University has compiled enough research which
associates brain damage with fluoride exposure. Twenty-six out of 27
studies have found an association with lower IQ and fluoride exposure
where -- our Harvard University right in Boston, Massachusetts.
My priest, Father John from the church, St. John the Evangelist
talks about number of poor kids in our county, communities that
cannot afford bottled water and only (sic) the contaminated fluoride
rich, untreated hazardous waste public water that can be associated
with brain damage and lowering IQ.
For 30 years, I have treated teeth, I have dedicated my life to
follow the oath and do no harm.
I present my request to you that you help your community, our
country, and the world to move towards cleaner water just like your
neighbor communities have already done and most of the world have
done.
The only thing I want to add is also in my 30 years I have written
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a book. I have treated enough people and enough patients, done
enough surgeries. All the arguments that I have heard here so far pro
fluoride, it's not based in any truth.
And luckily we have Dr. Paul Connett here will be your next
speaker, and all those wonderful people here, and I'm very honored
that we could have joined in this humble meeting here some very
serious people that have worked very hard.
I really request that you approve fluoride from -- being removed
from our waters.
MR. MILLER: Your next speaker will be Dr. Paul Connett. He's
been ceded additional time from seven speakers for a total of 24
minutes. If you've ceded time, please acknowledge when I call your
name. Karl Yentz?
MR. YENTZ: (Raises hand.)
MR. MILLER: Michael Shields?
MR. SHIELDS: (Raises hand.)
MR. MILLER: Thank you.
MR. WARD: John Ward?
(Raises hand.)
MR. MILLER: Thank you. Sally Mc -- Wolver, rather. Sally
Wolver? Sally?
COMMISSIONER TAYLOR: Wolover.
MR. MILLER: Sandra McGill?
(No response.)
MR. MILLER: Marjorie Ziff Levine?
MR. OCHS: Over here.
MR. MILLER: Thank you.
Cheryl (sic) Bryant? Cheryl Bryant.
(No response.)
MR. MILLER: Two of those names seem to be missing, Madam
Chair. Shall I go on with the total for 24, or would you like me to --
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COMMISSIONER TAYLOR: That's not our policy, right?
CHAIRWOMAN FIALA: Our policy is to go on with people of
that --
MR. MILLER: With the names?
COMMISSIONER TAYLOR: They have to be here.
MR. MILLER: We will reduce that to 18 minutes. Dr. Connett
will be followed by Dr. Tomar.
Dr. Connett, please.
DR. CONNETT: I have a copy of the PowerPoint here in two
parts. One on environmental justice and the other one on the total
case, and I can provide those for each of the commissioners.
I'm a required professor of chemistry. I taught chemistry at St.
Lawrence University in Canton, New York, from '83 to 2006. I
specialized in environmental chemistry and toxicology.
My wife persuaded me to look into this issue in 1996. I was the
director of the Fluoride Action Network from 2000 to 2015, and in
2010 I co-authored the book The Case Against Fluoride, eighty pages
of references. Unbelievably, in the six years since that was published,
there's been no formal response in writing, documented by the
proponents.
I had two co-authors, James Beck, M.D., Ph.D., a retired
professor of physics in Calgary, and Spedding Micklem, a retired
professor of biology from Edenburg.
I'll be giving a brief history of water fluoridation, why it's a poor
medical practice. It makes no sense to swallow fluoride. I should be
taking equity and environmental justice. Fluoride is neurotoxic. Give
you the information there.
And the commissioners' dilemma, the dilemma that you face, if
you get to that, the scientific evidence that swallowing fluoride reduces
tooth decay is very weak, and there are better alternatives to
fluoridation.
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What is water fluoridation? It's a deliberate addition of a
compound containing or yielding fluoride to the public drinking water,
ostensibly to reduce tooth decay. The practice began in 1945 with
trials. Before any of those trials were complete, it was endorsed by the
U.S. Public Health Service, so there was little science then, which is
continued to this day, even though it has attracted endorsements from
nearly every major dental public health and medical association. No
science when it was endorsed.
Historically the level used in the U.S. ranged from .7 to 1.2 parts
per million. In 2015, the Department of Health and Human Services
reduced that to .7. Point 7 parts per million is not small. It's not small.
It's actually 175 times larger than the level in mother's milk.
The chemicals used, we've heard many times, they're not
pharmaceutical grade. They come from the phosphate fertilizer
industry.
Why is it a poor medical practice? We add a lot of chemicals to
the water, but fluoride is the only chemical that we've ever added to the
water to treat people, not to treat the water. We should never use the
public water supply to deliver any medical or human treatment. Why?
You cannot control the dose, you cannot control who gets the
substance, and it violates the individual's right to informed consent to
medical or human treatment.
These arguments would be true for any substance to treat people,
but for fluoride it's especially bad. It makes no sense to swallow
fluoride. Fluoride has never been shown to be an essential nutrient.
There's not one single biological process in the body that needs
fluoride to function, but many biological processes have been shown to
be harmed by fluoride, enzymes, G proteins, and so on, and there's --
for those who are really interested, there's a whole review paper on the
molecular mechanisms of fluoride's toxicity. So it doesn't do you any
good. It could do you a lot of harm.
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Here are some of those mechanisms. Fortunately, mother's milk
protects our babies from early exposure to fluoride. Thank goodness
for nature. The level in mother's milk is .004 parts per million. But
water fluoridation removes nature's protection, removes it, because if
you fluoridate at one part per million, the baby's going to get 250 times
more fluoride than it would get from mother's milk.
People could have perfectly good teeth without swallowing
fluoride. Even though the vast majority of your European countries do
not fluoridate -- 97 percent of Europe, you've heard about that -- but
their teeth decay -- tooth decay is coming down as fast in the
non-fluoridated countries as the fluoridated ones. And if you look at
the present, this is all based upon World Health Organization data. It's
a wash.
The probable explanation for this lack of difference in tooth decay
is mechanism of fluoride's action on the teeth. Even leading
proponents of fluoridation, like the CDC oral health division, now
admit that the major benefit, the predominant benefit of fluoride is
topical; works on the outside of the tooth. Not from inside the body.
Here's a direct quote from the CDC, 1999. If fluoride works
primarily on the outside of the tooth, why swallow it? Why expose
every tissue of the body to a toxic substance when you can brush it on
your teeth and spit it out? And why put it in the drinking water and
force it on people who don't want it when you've got this mechanism
of applying it?
Now, the equity and environmental justice issue: This is -- what
I'm about to say is based upon a 132-page report that our organization
put together called Water Fluoridation and Environmental Justice, and
it was submitted to the Environmental Justice Interagency working
group.
One of the most powerful and emotional arguments used by
promotors of fluoridation is that we must do this to help children from
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low-income and minority families, and I think we all agree with that
sentiment. And it is true that most of the tooth decay is concentrated in
low-income families, but it is not equitable to target them in this way,
because low-income families are trapped. If they don't want fluoride
because they cannot -- because they cannot afford bottled water or
avoidance measures if they don't want it, so you've trapped one
segment of the community with this practice.
And to make matters worse, it's well established that the fluoride's
toxicity is made worse by poor diet, low vitamins, low calcium, low
protein. And black Americans have a higher rate of lactose
intolerance, so they're not getting some of those nutrients.
Minority communities have higher rates of kidney disease, which
means they're less able to clear fluoride from their bodies. Minority
communities have higher rates of diabetes, which could lead to
excessive water consumption.
The American Dental tragedy is that 80 percent of U.S. dentists
refuse to accept patients on Medicaid because the financial returns are
too low.
A devastating review of fluoridation, the effectiveness of
fluoridation, was published by the Cochrane Collaboration, world
famous for its meta-analysis of science-based medicine. In their
review of the effectiveness, they could find no high-quality studies
which showed that fluoridation reduced inequalities among children
from different social economic groups.
Tooth decay is not caused by a lack of fluoride but by a lack of
early intervention, education for better dental hygiene, and poor diets;
too much sugar and not enough fruit and vegetables.
We need education, not fluoridation, to fight tooth decay in
low-income families. The good news is that money spent fighting
tooth decay in this way, in low-income families, will not just fight
tooth decay but will also help us to fight obesity, which makes such an
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educational campaign a really good investment.
And Scotland and Denmark and other countries have excellent
programs targeting low-income families with these alternative
methods.
And, lastly, fluoride is neurotoxic. The last children who need
their mental development compromised are children from low-income
families. Thus, far from helping children from low-income families,
we may be hurting them.
So the conclusion, while targeting low-income or minority
families was well-intentioned, it is a classic example of good intentions
going awry. The very people that you want to help are going to be hurt
most.
Do you really want your children drinking a neurotoxic chemical?
The evidence that fluoride is neurotoxic: There are over 300 animal
and human studies that indicate that fluoride is neurotoxic. They're all
documented on our web page. There's the address where you can find
the lot. My son has spent about 10 years documenting this.
In animal studies, it's been shown that fluoride can enter the brain
and change brain chemistry even at low levels. For example, this
study by Varner in 1998, they gave rats one part per million fluoride in
their water for one year. The rats had kidney damage, brain damage, a
greater uptake of aluminum into the brain and beta amyloid deposits
characteristic of Alzheimer's disease.
Now, I think these are very important experiments. Now, the
advantage of animal studies is that you can control all the variables.
You can't do that with human studies. It's very difficult to get two
human populations that are identical, but with animals, you can give
them the same diet, the same water, the same housing, everything the
same except the thing that you're looking at.
And when they do this within animals and put them in mazes,
they're taught which channel gets the cheese and which one doesn't.
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They learn that. It turns out that the animals that get the fluoride are
less able to memorize and learn. That's 34 positive results out of 36.
As far as IQ studies, there are now 50 out of 57 studies have
found in association with exposure to fluoride and lowered IQ; China,
India, Mexico, and Iran.
Notice where these studies are coming from. These are studies
where they don't have a water fluoridation program to protect. We've
been protecting water fluoridation since 1950. Since the U.S. Public
Health Service endorsed it, we switched to a promotion mode -- and
you can see it here -- promotion mode instead of an investigatory
mode. So none of these IQ studies have been done in the United
States.
Harvard reviewed 27 of those studies. You heard this.
Twenty-six of them showed a lower IQ in the high-fluoride village
compared to the low-fluoride village. They admitted there were
weaknesses in the studies, some of them. But the results were
remarkably consistent considering these studies were done in different
parts of China at different times by different research teams.
Twenty-six of the 27 studies found a lowering of IQ with an average
lowering of seven IQ points, which is substantial.
Fluoridation proponents have argued that concentrations in the
high-fluoride villages were not relevant to water fluoridation in the
United States. They are wrong. One of the studies reviewed by
Harvard was the study by Xiang, and they found that the IQ was
lowered somewhere between .75 and 1.5 parts per million. That
overlaps with the current range of fluoridation in the United States, .7
to 1.2.
I know Xiang. I've been to these studies. The low-fluoride village
has an average of .36; the high fluoride, 2.5. He controlled for lead.
He controlled for iodine. He controlled for arsenic. He found a drop of
five to 10 IQ points across the two villages. You can see the IQ curve
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shifted right over there.
But what he did that no one else has done, he took the
high-fluoride village and divided it up into five subgroups in this table,
A, B, C, D, E. You see in those five subgroups that their concentration
of fluoride is going up. It's going up from .75 to 4.16 parts per million.
Look at this table, and you see as the fluoride concentration is
going up, the IQ is going down; the mean IQ is going down. So you've
got what looks like a dose-response relationship. If you plot it, it looks
like this. And from those two data points there, you can see that
fluoride is lowered somewhere between .75, the first dot, and 1.5, the
second dot, parts per million.
Now, moreover, these children in these rural Chinese villages
were getting less fluoride from other sources than American kids.
They weren't using fluoridated toothpaste, and they probably were not
breast -- bottle fed. They're breastfed. So in that respect, American
kids are getting more fluoride than those Chinese kids. There's
certainly no margin of safety to -- based upon this study and others, to
protect all our children from lowered IQ.
And I've said before, the last children who need their mental or
intellectual development compromised is, by fluoridation, low-income
families.
A key question for fluoridation promoters -- and I ask this to all
the fluoridation promoters here: What primary scientific studies can
you cite that you have read that allow you to confidently ignore all
these IQ -- all these studies, all 300 studies on neurotoxicity?
Here we've got a situation where over 300 red flags are being
waved on the possibility that you're lowering your children's mental
ability with this practice, 300 red flags. Where are your green flags?
Show me your green flags. Show me the IQ studies that have not
found this. Show the animal memory studies that have not found this.
Show me your science, not your CDC saying it's the best practice in
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the 20th century. That's not science. That's political relation -- public
relations.
Dr. Philippe Grandjean said that fluoride seems to fit in with led,
mercury, and other poisons that cause chemical brain drain.
There's an incredible double standard here. Right now we have
U.S. health agencies aggressively reducing exposure of children to
lead. Why are they doing that? Because lead is neurotoxic. These
same agencies are standing by and allowing, deliberately, a neurotoxic
substance to be added to the water. And unlike removing lead from
our lives, removing fluoride from our lives is easy. You just turn off
the tap. You just need a strong wrist at the water department.
The commissioners' dilemma: I feel for you because you're going
to have to make a tough decision. You know if you make -- if you
continue it, you're going to upset a lot of people here. You've heard
from them, whose health themselves have been compromised. You
know other people that are very angry about having their individual
rights abused, their right to informed consent to medication.
Are you prepared to do to the whole community what an
individual doctor cannot do to a single person in this community,
prescribe them medication without their informed consent?
So you're going to make those people very angry. Then you're
going to make these dentists very angry, too. They're going to swear
up and down, "This is the best thing since sliced bread. You're going to
ruin your children's health." It's going to be a tough decision. And it's
really tough, because do any of you -- are any of you doctors? Are any
of you toxicologists? Do any of you have the time to study this in
depth?
You've heard from people that have studied this for 10 years, 20
years. I've studied it for 21 years. It's still difficult for me to
confidently say one way or the other.
But you have to have absolute confidence. You can't say, I hope
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it's not going to hurt their brains. I hope it's not going to lower their
thyroid functions. Where can you get that confidence from?
We know how the game is played. You've heard it here. They're
going to ask you to take this confidence because the Surgeon General
says it's the best thing since sliced bread, because it's the top 10
medical achievements of the 20th century.
Incidentally, the science on which that statement was based is so
poor.
I think we're going to hear from Scott Tomar. He's part of-- one
of the authors of that statement that underpins that.
So I don't think you have the scientific background and
experience and time to make this decision with confidence and,
therefore, I question your conscience here. If you don't know for
certain, if you don't have the scientific qualifications, if you don't have
the time to devote to this, how can you force it on these people? How
can you force it on people who have said, I do not give you my
consent? And how can you force it on people from low-income
families who can't avoid what you're pushing on them?
So, at the very least, I urge you to do the following: Put a
moratorium on fluoridation. Just stop it now on these conditions: Ask
the proponents to debate me or other leading opponents of fluoridation
in a public forum, hear from both sides going one-on-one through the
science.
Secondly, ask them to provide a detailed -- something they
haven't done in six years -- a detailed written response to the
arguments that we carefully laid out in our book.
And, finally, to provide the primary studies -- I've already asked
this -- that they've read that have convinced them that we can safely
ignore the 300-plus animal studies and human studies that indicate that
fluoride is neurotoxic.
I don't have time to go into the evidence, right? I have one
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minute left, eh?
MR. MILLER: Thirty seconds.
DR. CONNETT: Thirty, okay.
This year -- last year, as I've mentioned, the Cochrane
Collaboration reviewed the study, partly paid for by the CDC -- and
this is what they concluded. The authors could find no high-quality
research that showed that it provided -- fluoridation provided any
benefit to adults, it provided additional benefits beyond topically
applied, it reduced the inequalities among children, and tooth decay
increased in communities --
CHAIRWOMAN FIALA: Thank you very much.
DR. CONNETT: -- when fluoridation is stopped. Thank you very
much.
MR. MILLER: Madam Chair, your next speaker --
(Applause.)
MR. MILLER: Ladies and gentlemen. Ladies and gentlemen.
Your next speaker is Dr. Tomar. He has been ceded time from
nine additional people, giving him a total of 30 minutes.
Please acknowledge your presence when I call your name.
Barbara Reed?
DR. REED: Here.
MR. MILLER: Holly Lefkow.
MS. LEFKOW: (Raises hand.)
MR. MILLER: Thank you.
Jeff Skupny?
MR. SKUPNY: (Raises hand.)
MR. MILLER: Thank you.
Susan Gorman?
MS. GORMAN: (Raises hand.)
MR. MILLER: Thank you.
Patricia Hansen?
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MS. HANSEN: (Raises hand.)
MR. MILLER: Charlie Hammel?
MR. HAMMEL: Present.
MR. MILLER: Thank you.
Danna Breedon?
MS. BREEDON: (Raises hand.)
MR. MILLER: Thank you.
Connie Dale?
MS. DALE: (Raises hand.)
MR. MILLER: Thank you.
And Cindy Whetsell.
MS. WHETSELL: (Raises hand.)
MR. MILLER: Thank you. That will total 30 minutes, and Dr.
Tomar will be followed by Dr. Allen Weiss.
CHAIRWOMAN FIALA: I better tell you right now that we're
going to have to break after the doctor speaks. He's got 30 minutes.
And then we'll have to take a break for a lunch break and give our
court stenographer a break as well, and then we'll be back right after
lunch.
Proceed, sir.
MR. MILLER: Madam Chair, real quick. I've received three
additional slips since we began this item. We normally don't take
those.
CHAIRWOMAN FIALA: We need to be cutting that off.
MR. MILLER: Thank you, ma'am.
CHAIRWOMAN FIALA: I mean, 70 speakers is plenty.
MR. MILLER: Thank you, ma'am.
DR. TOMAR: Good morning. Thank you for the opportunity.
My name is Scott Tomar. I'm a professor at the University of Florida
College of Dentistry.
Just to explain my degrees there. So I am a dentist, and as the
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previous speaker said, in my previous employment, I was an
epidemiologist with the Centers for Disease Control and Prevention in
the division of oral health. The DRPH, the doctorate in public health,
is epidemiology. I'm also a board-certified public health dentist and
currently serve as the editor of the Journal of Evidence-Based Dental
Practice, just so you know where I'm coming from.
So the -- first, you know, we've heard some information and a lot
of misinformation about what fluoridation is. So it's the process of
adjusting the naturally occurring fluoride concentration in drinking
water to an optimal level for the purpose of preventing dental caries.
And I say that because it's important to remember -- and this has been
glossed over and actually omitted by some of the previous speakers,
you know, how did we know that fluoride was associated with
prevention of dental caries?
Well, it comes from studies that were done before the trials.
Fluoride was naturally occurring in various levels in different bodies of
water. And so early studies actually looked at the prevalence of dental
caries, and communities looked at the concentration of fluoride in their
drinking water and actually found an inverse relationship, that the
higher the level of fluoride in the water, the lower the prevalence of
caries, which led to the hypothesis that, well, maybe if we could adjust
the levels of water in those with low levels of naturally occurring
fluoride, because fluoride, after all, it's ubiquitous. It's an element. It's
found in virtually all bodies of water, soil, rock. It's pretty much
everywhere. This is a matter of just adjusting it to a level associated
with prevention of dental caries.
That's what led to the four pioneering fluoride trials that were
conducted beginning in 1945, that pairs -- four pairs of cities, one city
was fluoridated, one was kept as the control. They examined dental
caries at the beginning of that trial, and then followed those
communities over time to examine the prevalence of dental caries in
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each of those.
And what they found -- this is in one of the pairs of cities. In
Sarnia and Brantford, both up in Ontario. Brantford was the
fluoridated city, actually found 57 percent reduction in the mean
number of decayed, missing, and filled teeth in that community
compared to Sarnia, which remains almost unchanged.
And we saw similar in Kingston and Newburgh, New York, that
fluoridated Newburgh had experienced a 70 percent reduction in dental
caries.
So this is really the history of fluoridation, which I think is
important to keep in mind. This -- unlike the way it's been
characterized by others, this is a naturally occurring mineral. It's found
in every body of water, rock, soil, sand.
Fluoridation is simply the adjustment of that level to a level
optimum for the prevention of dental caries, and it worked. So that
was back in the 1940s.
And, you know, I mentioned one of the hats that I currently wear,
I teach evidence-based dentistry to my dental students, to my residents,
at the University of Florida College of Dentistry. I also serve as the
editor for the Journal of Evidence-Based Dental Practice.
So when we make decisions on -- either clinical decisions or
public health decisions, we want to base those decisions on the highest
level of science available, and we usually do that -- we usually try to
collect that information through a process known as doing a systematic
review. We look at the full body of literature on a given clinical or
public health question and see where is the -- the substance of the
evidence falling in terms of whether something was effective or
ineffective.
And it's possible on any topic to find individual studies that agree
with your own personal bias or opinion. And this is why we use
systematic reviews is to try to guide our clinical and public health
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decision making.
And, in fact -- and I know you've been sent the references. A
colleague of mine, Dr. Johnson, you will hear from in a little bit. I
know he has forwarded you many systematic reviews that have done
this.
I quote from one of them here that has -- that looked at the
evidence, and it said, what are the effects of fluoridation of drinking
water supplies on the incidence of caries? And based on the
systematic review done by -- at the University of York, it said, the best
available evidence suggested fluoridation of drinking waters does
reduce caries prevalence, both as measured by the proportion of
children who are caries free and by the mean change in DMFT, that's
decayed, missing, and filled tooth score, what a mean -- a median
difference of 14.6 percent of children being caries free in fluoridated
communities compared to non-fluoridated communities and a mean
reduction of 2.25 teeth.
So, again, you know, this is -- and I can provide evidence of-- I
could provide the references for others. I know many have been sent
to you, but they're all consistent with this, that the -- looking at the total
body of literature on community water fluoridation consistently
concludes that it is effective in reducing tooth decay.
So the question is, is intentional water fluoridation more
efficacious than no fluoridation in the prevention of caries? Again, the
conclusion -- this is from a different systematic review done by the
Australian government -- said the existing body of evidence strongly
suggests that water fluoridation is beneficial at reducing caries.
So, again, another -- and this is a little more recent systematic
review. I could give you others that reach the very similar conclusions.
So the question is, well, maybe that was true back in the 1940s
and '50s, but now we have all these other fluoride products. We have
toothpaste. We have fluoride mouth rinses. We have various types of
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topical fluorides. And so the systematic review specifically looked at
that question and said, if water fluoridation is shown to have beneficial
effects, what is the effect over and above that offered by the use of
alternative interventions and strategies?
And in this systematic review they concluded, in examining the
post-1974 studies -- and, again, the market share of fluoride toothpaste
has been well over 95 -- well over 95 percent since that point -- the
evidence suggests that water fluoridation has an effect over and above
that of fluoridated toothpaste and other sources of fluoride.
So even in the era when we have fluoride toothpaste, when we
have these other sources of fluoride, community water fluoridation is
still effective in reducing tooth decay.
So how does -- how does fluoride work? And I know we've had,
you know, some information and, unfortunately, a lot of
misinformation presented here today. Fluoride actually has both
topical and systemic effects. This has been -- this has been
documented. Yes, it is predominantly topical, but there is actually
pretty good evidence that it is also a systemic effect in preventing
dental caries.
The way fluoride works is it inhibits demineralization when
fluoride is present during time of an acid challenge. So the bacteria in
the plaque that resides on your teeth uses carbohydrates, sugars, other
carbohydrates that you take in, produces acid as part of the metabolism
of those carbohydrates. That acid is what demineralizes hard tooth
structure, enamel and the dentin underneath it.
When fluoride is present at the time of that acid challenge, it
inhibits that demineralization process.
When the fluoride is incorporated into the remineralizing enamel,
the white part on your teeth when you look in the mirror, it enhances
the remineralization and actually makes that more resistent to future
demineralization of that.
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And, you know, even though, you know, we think of fluoride --
you know, the question that the previous speaker asked, well, why
would we put it in the water? Well, we put it in the water because it
actually works incredibly well when it's present in the water at very
low concentrations. Point seven parts per million is concentrated right
at the interface between the enamel and the dental plaque so you have
the highest concentration exactly where you need it at the time of an
acid challenge, it prevents the demineralization, and when there is --
when it's overwhelmed by the amount of acid produced by the
bacterial plaque, it promotes remineralization.
That's how we -- that is exactly how fluoride works. It's -- it's
part of an ongoing balance in maintaining the mineralized content of
our enamel.
In very high concentrations, it inhibits bacterial metabolism. This
really is not a major mechanism of community water fluoridation.
This is really for -- very high-concentration topical fluorides are more
likely to produce that effect.
And, you know, to try to, you know, portray this
diagrammatically, this is a picture from an article by Dr. John
Featherstone. He's now the dean at University of California, San
Francisco's School of Dentistry, renowned caries researcher and
chemist.
And fluoride really falls in the area of being a protective factor.
So, no, it doesn't -- there is, unfortunately, no substance in the world
that can completely prevent a multi-factorial disease. There are a
number of factors involved in whether or not a person gets tooth decay.
What fluoride does is it helps tip the balance towards no caries.
Through that process of preventing demineralization and promoting
remineralization, it helps to tip the balance to help counterbalance
some of the pathologic factors that the person is exposed to.
So one of the things that the Board of County Commissioners had
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asked when we were originally scheduled several months ago, they
asked if I could talk about the dental screenings we've been doing here
in Collier County. Even though I am based up in Gainesville, we are
very much part of this community. University of Florida College of
Dentistry runs a pediatric clinic and dental residency program here in
Naples. We have faculty and staff that live here in the community, and
we've been doing dental screenings in Collier County for the last three
years.
We examine essentially every third grade student in this
community as part of our effort to help set up an oral health
surveillance system for this community. That's done by our pediatric
dental residents and our staff.
So we look for a couple basic things on this. So, you know, there
are no X-rays. We don't use any instruments, so it's fairly noninvasive,
but it's to give us an idea of the oral health status of our community.
We look at a couple basic indicators: The percentage of kids that
have untreated decay, that have what we call caries experience, that
they have experienced decay and it's either been treated or has not yet
been treated.
The prevalence of dental sealants, it's a protective measure that
we also provide in school-based settings, and treatment urgency.
So the first measure are untreated cavities. You think of
answering the question of does this child have any cavities that have
not been treated? And we include both baby teeth, primary teeth, and
permanent teeth in that.
Caries experience; ask the question of has this child ever had a
cavity, and it includes, again, both treated and untreated tooth decay.
Presence of dental sealants. And for those who haven't seen it,
we actually do dental sealants here in our sealant program. That's what
an opaque sealant looks like, but there are also transparent sealants out
there.
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And we score every child that we see on a treatment urgency code
from zero to two. Zero with there's no obvious problem; one, early
need for care; and, two, urgent need.
And this -- and, unfortunately, we see a lot of this. This is an
example of a child with an urgent need. This child has a -- has an
abscess associated with a tooth whose pulp has become -- their product
has died, and now this child has an active infection and probably
experiencing some pain.
So what is going on here in Collier County? Unfortunately, there
is a lot of disease. So we've seen caries experience consistently. And I
hear some comments from the audience, but I'm happy to take
questions at the end if you would like.
So we have about two-thirds of the children in Collier County
have experienced tooth decay by the time they get to third grade. But,
again, the thing to remember in all this is this is a multi-factorial
disease. We have a lot of things at play: Diet, socioeconomic status,
immigration from other countries where there was no standard of--
there was no dental care at all.
The one thing I'm very proud of is that since we've been involved,
we've tremendously moved the needle on dental sealants, so hopefully
we'll prevent tooth decay on their permanent teeth. We haven't yet
been as successful in baby teeth. And we have other activities going
on to try to deal with that.
But to give you an idea of what's going on, not only is disease
high, but there's really a range of disease that we see among the third
grade elementary schools in Collier County.
So it -- at the high end here, Tommie Barfield, that's close to 90
percent of these children have experienced dental caries by third grade.
That also happens to be one of the schools in a non-fluoridated part of
the community.
I am not drawing any causal conclusions here. Again, this is a
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multi-factorial disease. There are other issues at play here. But we
have -- we clearly have a serious problem with dental caries here. If
there were no fluoridation, I unfortunately, am sure that this would be
even worse. But I would say this is not the time that we want to reduce
an established known effective preventative measure in our
community.
Just to summarize -- and I know I've actually left quite a bit of
time on there, I believe.
CHAIRWOMAN FIALA: We wouldn't mind if you gave that
time up.
DR. TOMAR: And I -- and I would do that. Just to move things
along, I would be happy to do that.
But just to summarize this, fluoridation applies what we've
learned from natural exposure to fluoride. And, again, I think that's
important to remember all the accusations about what fluoride is,
where it comes from. And it is not a drug. It is a mineral. We are
adjusting the levels to mimic what nature showed us. That's how we
learned about fluoridation, and we're simply -- we're simply applying
what we learned from nature.
The safety and efficacy of-- safety and effectiveness of
fluoridation have repeatedly been upheld by systematic reviews, and
those who have made the acquisitions about the toxic effects, I left this
out because I honestly wasn't sure how much time you would have. I
can also provide many systemic reviews that have looked at
neurotoxicity, other supposed adverse health effects. These have all
been reviewed by expert panels. They've all been dismissed, quite
frankly.
And I know Dr. Connett will rub his head here and make
comments in my left ear, but these have actually been examined. I will
be happy to send you those references, although I know that we've
already sent them to you.
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And I will repeat one more time that dental caries is
multi-factorial. Nobody is saying that fluoride is a panacea. It is not a
vaccine. It is not a cure-all. What it does is it tips the balance towards
reducing the prevalence of disease. And as high as the disease is in this
county, to me as a public health dentist, as a parent myself, raised two
boys drinking fluoridated water, I drink it, I would not do this, you
know, if I had any doubt in my mind about the safety and effectiveness
of it.
I'm a health professional. I'm a public health professional. I'm a
professor. It would make no sense. If I really believed these
accusations, you know, I wouldn't be up here telling you that it's a
good thing. I rely on the best available evidence out there which tells
me it is both safe and effective. I have the -- you know, pretty much
every major public health organization in the world, not just the United
States, but Pan American Health Organization, World Health
Organization, pretty much every major medical association, the
American Public Health Association, I could go on and on, why would
these organizations whose mission is to protect the health and
well-being of the public, why would they endorse this if they did not
believe the high-level evidence that it is both safe and effective?
As I said, you know, the caries prevalence is already high. You
know, we're dealing with, unfortunately -- and we treat them every day
in our clinic, a lot of children from very low -- low socioeconomic
status, a lot of children that are relatively new in this country that,
unfortunately, are still experiencing lots of disease; that's what we pick
up in our surveys.
Our sealant program has been a tremendous boon. I think going
forward in their permanent teeth, hopefully we will start to see a
turning of that tide.
We clearly need to do more in earlier ages. We're trying. We
work in places like WIC centers, Women, Infant, and Children centers,
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doing prevention and screening programs. We're in other
community-based centers but, clearly, community water fluoridation
remains the cornerstone of prevention.
There's no doubt in my mind that we do also need to increase
access to treatment services. And, again, you know, water fluoridation
is only -- only part of the puzzle. We absolutely do need to expand our
treatment services. We're well beyond capacity in what we can treat in
the -- in our pediatric dental center, that we're running over a one-year
wait list for operating-room-based treatment of early childhood caries.
Clearly, we need to do other things, but this is not the time to
remove an established effective preventative measure from the
community. As bad as things are, we would only make it worse.
And so I would say the community water fluoridation, based on
all the available high-level evidence from the bodies that have
reviewed it, remains safe and effective and, I'd say, essential for this
community.
And I thank you.
CHAIRWOMAN FIALA: Thank you very, very much.
(Applause.)
CHAIRWOMAN FIALA: We will now break for lunch. We'll
be back at 1:05. Thank you.
(A luncheon recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRWOMAN FIALA: Thank you very much.
Welcome back. We've lost a few of the people in our audience,
but those who have stuck with us, welcome back. We are going to
take up where we left off.
And would you start that, please.
MR. MILLER: Madam Chair, your next speaker is Allen Weiss.
He'll be followed by Johnny Johnson.
COMMISSIONER TAYLOR: Madam Chair, if I may, before
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Mr. Weiss speaks -- and Mr. Weiss, please stay there.
I think it was Dr. Tomar, and I went up to him after the meeting
after we broke, but I just want to put it on the record what an
extraordinary contribution the dental clinic that UF has out at Edison.
Well, it's not Edison; Southwest Florida. What an incredible
contribution it is to our community.
It is -- it's state of the art, and you just have to go there just to see
how they run it. And it serves such a population that's so important to
be served.
CHAIRWOMAN FIALA: It does.
COMMISSIONER TAYLOR: And, just, congratulations to that
university to make it --
COMMISSIONER NANCE: Go Gators.
COMMISSIONER TAYLOR: Yeah, that's right --just to make
that contribution. It's changing lives. Thank you.
CHAIRWOMAN FIALA: Thank you very much. Dr. Weiss.
DR. WEISS: Thank you, Commissioners, and thanks for the
opportunity. I'm Allen Weiss, president and the CEO of the NCH
Healthcare System. What you might not know or remember about me
is that I did practice medicine here for 23 years. I'm board certified in
geriatrics, internal medicine, and rheumatology. I graduated from the
College of Physicians and served as the Columbia University.
And with these boards that I'm triple board certified in, internal
medicine, rheumatology, and geriatrics, they are licensed by the
American College of Physicians, which is a different level than some
of the other things we heard this morning, which are whatever type of
credentials needed.
Having said that, and as passionate and as persuasive as some
folks were this morning, sadly they're incorrect. The real knowledge
about cancer-causing thyroid dysfunction, diseases of the bones and so
on, are just completely false.
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We've had fluoride in this country now for 70 years. As we heard
from the Surgeon General, I wish we could be as good at preventing
disease as we are treating disease.
Certainly, the dentists here are -- by preventing dental caries and
problems with teeth, children and adults, they're -- they are
economically hurting themselves. They have a disincentive to be on
the fluoride campaign, you know, when you just think about the
behavioral economics.
So we've got a real dilemma. We've got a real opportunity. We'll
hear later in the program about the real science that has really been
looked to help prevent caries and dental problems in children and in
adults.
I was, frankly, surprised and disappointed that our third graders
aren't doing better than they have been doing, although, we have to
remember that in our community over 50 -- over 70 percent of our
children are going on free or reduced lunch menu, so that the coastal
Collier County, which everybody has their image of, is not the same as
our entire community when you look at it.
So we have this opportunity to help children, to help adults long
term, to help our health. I've been involved in other health projects,
and fortunately, we are the healthiest and happiest community,
according to the Gallop's poll, which is good for everybody, not only
ourselves as being members here, but also as an economic incentive or
an attraction for people wanting to migrate to Florida and particularly
to migrate to our community. So we have real opportunities.
On a very personal level, our two daughters were born and -- one
was born in New York but came here at Age 2, but both were raised
here, have basically zero or no cavities. We have two grandkids who
are in the community also with no cavities.
I, sadly, lived up north growing up, did not have fluoride, and I'm
keeping my dentist occupied.
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So thank you very much for what you're doing, and thanks for
being involved in what is a difficult decision, I'm sure. But,
nonetheless, make the right one for the most people.
Thank you.
CHAIRWOMAN FIALA: Thank you, Dr. Weiss.
(Applause.)
MR. MILLER: Madam Chair, your next speaker is Johnny
Johnson. He has been ceded time from 21 speakers. I will call their
names.
DR. JOHNSON: I won't take that long.
MR. MILLER: Mark Singer?
MR. SINGER: (Raises hand.)
MR. MILLER: Sean Carr?
MR. CARR: (Raises hand.)
MR. MILLER: Elizabeth Orr?
MS. ORR: (Raises hand.)
MR. MILLER: TJ Albert?
MR. ALBERT: (Raises hand.)
MR. MILLER: Christi Pickard?
MS. PICKARD: (Raises hand.)
MR. MILLER: Laura VanVarick?
DR. VanVARICK: (Raises hand.)
MR. MILLER: Suzanna (sic) Rodriguez?
MS. RODRIGUEZ: (Raises hand.)
MR. MILLER: Adam Fundora?
MR. FUNDORA: (Raises hand.)
MR. MILLER: Lisa Grueldoh? Lisa Grueloh?
(No response.)
MR. MILLER: Okay. I think she's gone.
Debbie Equitz?
MS. EQUITZ: (Raises hand.)
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MR. MILLER: Thank you.
Nancy Aguire? Am I saying that right?
MS. AGUIRE: (Raises hand.)
MR. MILLER: Okay. Thank you.
Krystle Garcia?
MS. GARCIA: (Raises hand.)
MR. MILLER: Thank you.
MR. PATU: Vaishari Patu?
MR. MILLER: Thank you.
Jessie Brave?
MS. BRAVE: (Raises hand.)
MR. MILLER: Thank you.
Nina Brumfield?
MS. BRUMFIELD: (Raises hand.)
MR. MILLER: Thank you.
Sue Lester? Sue Lester?
(No response.)
MR. MILLER: That's two.
Kirpah Parmar? Sorry for the pronunciation.
MR. PARMAR: (Raises hand.)
MR. MILLER: Jennifer Gomez?
MS. GOMEZ: (Raises hand.)
MR. MILLER: Timothy Snopkowski? Timothy Snopkowski?
(No response.)
MR. MILLER: Three.
Deborah Lux?
MS. LUX: (Raises hand.)
MR. MILLER: Okay. So that's going to be a total of 60 minutes,
then.
CHAIRWOMAN FIALA: And you said that maybe you would
not take that long?
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DR. JOHNSON: I promise I won't take long.
CHAIRWOMAN FIALA: You're welcome to not take that long.
DR. JOHNSON: I'm Dr. Johnny Johnson.
COMMISSIONER NANCE: Some of us are going to miss our
dental cleaning if--
DR. JOHNSON: I don't want that to happen.
I'm Dr. Johnny Johnson. I'm a pediatric dentist, private practiced
for 30 years until gravity changed all that, fell off my bicycle and had
to have my wrist fused; became involved in water fluoridation when
my point county, Pinellas, decided at the County Commission level,
4-3, to stop fluoridating the water.
And my background and my master's research was in fluoride,
fluoridation, and infant formula. So I stepped up.
I am speaking on behalf of the Florida Dental Association today
and also Oral Health Florida, which is a group that brings -- helps to
bring health equity to families in the oral health arena here in Florida.
So I do -- I do have a presentation and -- okay. Changing from
one to the next?
MR. MILLER: Space bar.
DR. JOHNSON: Sir? This one? Oh. It's the simple things in
life that mess me up.
I'd like to start with just really the overview of community water
fluoridation. It is safe. It has absolutely no adverse health effects for
anyone that drinks the water. It's effective in reducing cavities by a
minimum of 25 percent for everyone, including adults and children,
regardless of their socioeconomic status, their age, their -- excuse me --
their race, their ethnicity, their level of education, or their access to
dental care. It's simply drink the water; you reap the benefits.
It has cost savings. For every one dollar that you invest in water
fluoridation, you receive a reduction of$43 per person per year in
dental treatment cost. And a community the size of yours, it will not
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cost a dollar. It's going to cost 50 cents or less per year, so you can
double that $43 savings to 86. So it's a huge savings for your
taxpayers and for the healthcare system and insurance companies.
And it is the most cost-efficient means, as Dr. Tomar said, to
deliver fluoridation to everyone without a single change in anyone's
behavior.
The biggest thing that it does is help to reduce preventible dental
disease causing pain and suffering in our children and adults.
I do want to address, before I go on about what fluoridation is, is
a couple of statements that were made, and I think there was some
miscommunication or misunderstanding.
Ms. Smith quoted that it -- she would be getting an increase of
203 milligrams of fluoride from fluoridated water, if I understood her
correctly, every day. And she equated that to around 7,000 milligrams
per year.
To get 203 milligrams of fluoride from drinking water, you would
have to drink 290 liters per day. So I think there was a
misunderstanding. Yes, cheers.
You would die of electrolyte imbalance and toxicity from water,
period, before you would ever get to a level of fluoride that could ever
cause an issue for you.
So you've heard of kids in college binge drinking milk and dying
because they wanted to see who could get the most in. All they've
done is thrown off their electrolytes and their heart goes into arrest. So
that is way off. Those numbers are way off.
Also, there's been references to randomized control trials on water
fluoridation. There have not been randomized control trials, and the
reason for that is there's observational studies that have been done, just
like they were done on smoking and the diseases that happen from
smoking, on sexually transmitted diseases, and figuring out that that
was transmitted by sexual contact, as well as alcohol consumption and
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health issues that came from it. Those never had randomized control
trials.
When you see something in an area and it's widespread,
observationally, epidemiologists will say, there's a connection. Well,
the Surgeon General didn't need to give one group of people smoke --
here, you smoke these cigarettes. This group don't smoke because we
suspect it's causing cancer. That was never done, and it never will be
done.
Water fluoridation, as Dr. Tomar said, started in 1945, and it was
a 15-city study. It was -- for several years it was to go on. In four
years' time, Gainesville was already fluoridating, as well as a lot of the
control cities because they saw the benefit. That's how health benefits
work.
You have a group that gets penicillin. People over here don't get
it. They're dying; these people are living. Health interventions are
abandoned many times when you see the absolute benefit from it.
So the same is with fluoridation. It works, it's safe, and it's
effective.
One last thing on the Cochrane review, which was mentioned.
The Cochrane review was looking at -- and I'll use penicillin again as
an example. The Cochrane group is a very well-respected think tank.
And they were charged with updating a study from the Year 2000,
which found that there were cavity reductions from fluoridated water.
They used the same criteria 15 years later, and the criteria was,
we want to see a community before and -- one that was before
fluoridation and then fluoridated. We want to see the differences.
Well, in this country, where we're 75 percent fluoridated, you
don't see that anymore. It's like looking for a better mousetrap. So it's
like taking, okay, here we want to go back and see if penicillin works.
Well, their studies, almost 90 something percent of them were from pre
1974 when those studies were being done.
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So the anti-fluoridation is we're so abusing their summary which
is produced for any water decision -- fluoridation water decision maker
in the world, they were abusing the poor risk -- or poor quality of
studies.
They used scientific terminology, unfortunately, in other words,
in their conclusion or plain-language summary. It was being abused so
badly that they went back and, I think, on the first time ever, rewrote
the entire thing to say fluoridation does work. It does prevent more
cavities, and more kids have less -- have less cavities than before water
fluoridated.
And that same group also reviewed the studies at the U.S.
Community Preventative Services Task Force used and came out with
their review in 2013 which said, community water fluoridation is
highly recommended on strong evidence. So it depends on what type
of evaluation criteria you're using. And their criteria that they used
was one that has been widely criticized.
And I'm a coauthor on an article that just came out on that, but I
won't go into any more on that. But it is -- they're a good group of
folks. They just did something that wasn't the best in the world to do in
the way they worded things.
Dr. Tomar talked about what fluoridation is. I won't go back
through that. It's just suggesting what's already in your water. You
already have fluoride in your water. You're just touching it up to make
it at a maximum level of fluoridation.
Fluoride is a naturally occurring mineral on earth. It is the 13th
most abundant mineral in our earth's crust. It's been around however
long we've been around. Whatever we believe in, big bang theory,
God created it. But it's the 13th most abundant mineral. It's in all of
the foods that we eat. It's in -- it's in the air some. It's in groundwater.
In the ocean, it's high. It's at levels that we fluoridate our water, which
is around .7, but in the oceans it's .8 to 1.4. So it's naturally in all
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waters at some level. In Collier County it's too low to prevent cavities.
Like Dr. Tomar said, fluoridation's not a magic bullet, but it does
provide a level of prevention for people. When you have half of our
families in this country not going to a dentist routinely, when you can
prevent at least 25 percent of the cavities for these folks by just simply
drinking the water, you need to provide it to them. It is a no-brainer.
And I will tell you, as a clinician who takes X-rays -- and so will
these other folks that take X-rays in our offices -- these 25 percent
reductions were just by looking at the teeth, like Dr. Tomar said, in
their screening. If you see a hole, whether it's a tooth totally rotted off
or a little tiny speck, that's counted as one tooth having cavities.
We will tell you that between the differences in a fluoridated area
and non-fluoridated area, the number of cavities that we see are huge
differences because we can see in between the teeth, and that's where
fluoride works its magic.
Our choices in diet not only are hitting obesity bad, but hitting
cavities bad, and I am thrilled that California is now getting ready to
vote on a one-cent tax on sugar-sweetened drinks, and that is to -- and
it's at the distributor level, and that is to deter some of the issues of
having these products available and take that money and offset some
care to provide for folks.
Water fluoridation is the closest thing to a magic bullet that we
have. As Dr. Tomar said, it works while the teeth are developing,
under the gums and, for averages, that's up till the age of eight that the
fluoride's getting into the tooth, as well as works on the teeth once they
come into the mouth, because it's coming out of the saliva as well at
very, very low levels.
So it's constantly bathing the tooth with fluoride. So it works
both in getting into the tooth, while you're developing, as well as after
it comes into the mouth.
Toothpaste, great. Mouth rinses, great. But they're a one-time
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done, maybe twice-a-day done, and then your fluoride levels drop off.
It's that low level that helps adults and children keep cavities away.
And for adults, a lot of us get recession. I just turned 60. I have a few
areas of root showing. That's the softest part of our tooth.
We lose more teeth from cavities as adults for root cavities than
we do for any other reason, and that's because as good as we are, we
cannot go back around, underneath a tooth, to get into where a cavity is
in the root surface.
So nothing against our dentists. We do the best we can, but root
cavities are a deadly thing to have for a tooth. It's a gone deal.
Again, adults benefit from fluoride, in fact, more than kids,
because we're adults longer than we are kids, and that fluoride's
constantly bathing our teeth.
Let me just go back to the history of fluoride for a minute,
because it's -- from everything that's said, it sounds like this all blew
around in 1945. Well, fluoride's been around, as I said, as the third
most common element in the earth, or mineral, excuse me.
Frederick McKay graduated from dental school in 1901. He went
out to the Colorado Springs area to set up his practice. When he did
that, he noticed something he hadn't seen in school, and that was
families that lived in that area for their lifetime or infants that moved
into that area had a brown stain on their teeth once they came in, and
that brown stain was something that they could not really scrub off.
He also noticed those people had very few cavities. And if you
can imagine 1901 having very few cavities, that was unheard of.
There was something going on, definitely. He didn't know what. So
he asked for some help from his professors and all.
They began to study it. And the first person that was really
appointed to the public health -- National Institute of Health was H.
Trendley Dean, and his job -- first job was figure out why the water, or
whatever it was out there -- and the only thing that was happening in
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the Colorado Springs area, they were drinking the same water source.
Everybody drank from the same water source. That was the only thing
they had in common.
There happened to be other areas in the U.S. that there were
pockets of very few cavities and there were good-looking teeth. So
they realized, those people drink from the water and these
good-looking teeth and low cavities, and those people had
brown-looking teeth and almost no cavities, so what's the difference?
Well, an engineer developed a probe, an -- a chemical probe that
he was able to measure fluoride. And they sent some water out from
Colorado Springs to him, and it measured at 2 to 12 parts per million.
We fluoridate water at .7 parts per million.
So their fluoride level at 2 to 12 was what was causing the brown
stains. Now, that happens only while the teeth are developing. Teeth
do not develop fluorosis once they come into the mouth. It only
happens during tooth development.
Well, that's where they started to figure out and say, well, let's do
-- this lower area where the teeth look good and few cavities, that's at
one part per million. So they decided to say, let's try this on a scale of
15 cities, and Grand Rapids was one of the first cities that it was
introduced into.
Well, their cavity rates fell off. In a few years' time, about three
years, teenagers had 60 percent or so less cavities. Well, the other
cities and -- like Gainesville said, you don't have to hit me in the head.
This stuff is working. It's been around since the beginning of time. We
understand where we found it in 1901, and we discovered the benefits.
It's been around forever, and now we're getting good-looking teeth and
cavity reductions. So the rest is history. We just celebrated our 71st
anniversary of water fluoridation.
So what's fluorosis? We talk about these brown stains. Dental
fluorosis is a cosmetic change in the appearance of the tooth enamel.
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Almost every single bit of it is very mild to mild. That constitutes 97
percent of what is called fluorosis, and that would be looking like
under -- and these teeth I'm showing you have been blown up, they're
in a dental setting where they've been dried off; not something you see
walking down the street.
So we have something from normal to questionable to very mild
and the very mild. One thing that you need to see is -- and I think
these things -- and on cameras that we take photographs with, they
have a little ring on the inside of the lens, so they give a little circular --
or my mouth -- they give a circular kind of appearance. That's not
fluorosis. Fluorosis is this little white speck right here. That is very
mild fluorosis.
Mild fluorosis, we called it snow camping. As a pediatric dentist,
we see that when the teeth come in, a lot, and that is some of the stuff
that is only these. The very mild and mild and questionable are caused
by water fluoridation.
Moderate, you see it more on the surface of the tooth. Again,
dried off. I challenge you to walk down the street and see anyone with
moderate fluorosis. Severe fluorosis does not occur with community
water fluoridation. Several studies have confirmed that, and I'll get
into those in a moment.
Again, under the age of eight, while the teeth are developing, is
when this occurs, not after -- not after they come in.
So a little better close-up view. The ones that are severe have
brown stains, pits in them, and this is most likely someone from
another country or from an area that had nationally high levels of
fluoride in the water. And we have several areas in the U.S., but it
only covers about 200,000 people.
And I do want to clarify one thing in the presentation that Ms.
Smith gave last time in January. This picture that she showed was
from an Irish report that was done back in 2002. These teeth called
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moderate fluorosis have actual pitting on them. I contacted a
gentleman who actually wrote that report, and he sent me the photos of
what they are using now, because they agree that that is more in the
severe range.
So with better photographic evaluations and examiner reliability,
they now have this photograph at the University of Cork where they're
teaching these students what fluorosis looks like. It mimics what we
have in this country.
Again, severe fluorosis does not occur there unless someone has
overdosed themselves on toothpaste, swallowing way too much. But
this severe fluorosis here on the bottom right is almost always due to
levels at four parts per million of fluoride in the water. Again, we're at
.7, six times less than that.
Is water fluoridation still a need? As Dr. Tomar said, absolutely.
Systemic reviews which look at the evidence-based information out
there by expert panels, when you take a community that starts
fluoridating, you will see almost a 30 percent drop in cavities within
three to five years.
What happens when you stop fluoridating? You will get almost
an 18 percent rise, again, visually. You ask us as dentists, like is going
on in Calgary now where they're taking X-rays, they're going to tell
you there are much greater increases in cavities than this. It's,
unfortunately, a natural -- not a natural, but an experiment that's
occurring because of ceasing fluoridation there.
Water fluoridation is determined everywhere by decision makers.
Israel stopped fluoridating three years ago because their ministry of
health -- their health minister was totally against it. For no other
reason. There were no health issues associated with it. She lost her
job. The new health minister just got in. Fluoridation's back in affect
for Israel.
So for community water fluoridation, it does fit the old adage, one
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ounce of prevention is worth a pound of cure. It is safe, it's effective at
reducing cavities 25 percent or greater, it saves millions of dollars of
treatment costs, and it eliminates preventable and communicable dental
disease, pain and suffering. The CDC has called it one of 10 great
public health achievements of the 20th century.
Our adults are keeping their teeth longer to adulthood more than
ever before, and two -- over 214 million residents, as of 2014 data at
the CDC, have fluoridated water at their tap every single day.
Why do cavities matter? Well, it's -- the first reason right here
ought to sell any one of us on why cavities are so important. They still
remain the number one chronic disease of childhood, and it's five times
more common than asthma, seven times more common than hay fever
or, as my pediatric endocrinologist daughter says, use "chronic
rhinitis," Dad.
Life threatening? Absolutely. Deaths? Absolutely. Cavities --
this young lady is not physically abused. I've seen these kids. They're
not only in poor neighborhoods; they're in more than poor
neighborhoods.
But my practice was in an area that developed out to be upper
middle to upper class. I've had kids come in like this who parents did
not start them out early. She has an abscess in her tooth on the upper
left, her eye is closing, and she is just a breath away from having an
infection that will go retrograde into her brain, and she can die from it.
She has to have immediate and concentrated doses of penicillin,
antibiotics, to help get this under control. This is life threatening.
The one on the bottom made national news in 2007. Deamonte
Driver died because of an abscessed tooth and did not get it taken care
of. The sad story is, these things happen with adults and kids every
year.
So looking at these pictures, I mean, that sickens anyone.
Cavities are disproportionally distributed to the poor. They have more
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than anyone else, and nearly all cavities, 80 percent, occur in 20
percent of the population, and we know that concentration happens in
our poor families.
Is there a debate over water fluoridation? Not at all. The science
on it, evidence-based science, is crystal clear.
Debates on science occur in expert panels, as Dr. Tomar said. It
does not occur in public forums. These folks are experts. They are in
their fields. The one that was mentioned this morning, the National
Research Council, is appointed by the National Academy of Science
every few years to look at the level of fluoride, which is a maximum
that should be able to be drunk in this country for families not to
develop any health issues.
And that group had 12 people on it which were all experts. Four
happened to be totally against water fluoridation. But when the bells
rang after three-and-a-half years of debate, all 12 signed off on the
report.
So although individuals, like in the show that you saw last time
that Camden played, Camden Smith played the video, had Kathleen
Thiessen, who was on this group, they use their own opinions and what
their thoughts were about it, but they are not giving the summary of
what that report found. And I'll give you that in a minute.
The other group that is a congressional appointed group. All
these folks are nonpaid. They give their time. As a Community
Preventative Services Task Force, they look at many, many issues in
communities and decide, what does the evidence-based science show,
and what do we recommend to communities?
The National Research Council issued their report in 2006. They
looked at the literature on fluoride's levels at -- all the literature that
showed, would it affect the teeth? Can it affect your musculoskeletal
system, any reproductive or developmental disorders, neurotoxicity,
neuro-behavioral issues, effects on the endocrine systems, effects on
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GI, renal, hepatic, and immune systems, and any genotoxicity and
carcinogenicity (sic) issues? Those were all the study types that they
looked at.
We have states in the U.S. that have naturally high levels of water
(sic) in their wells, anywhere from six parts per million in South
Carolina up to almost 16 in Idaho. Well, those people are not allowed
to drink that water because above four parts per million, the potential is
there for developing skeletal fluorosis, which is crippling, and you start
to get bent over.
Even in this country with water levels higher than that, like in
Texas and other areas, we have only had about six cases of skeletal
fluorosis in the last 50 years. None of them were related to water
fluoridation. The latest one was a lady that used it -- I think she used 8
or 10 tea bags in her pitcher of iced tea that she drank one or two
pitchers of every day. And tea is high in fluoride content, and she
developed skeletal fluorosis.
Well, to reverse that, it's just like your gentleman at the water
plant we toured this morning, he said that distilled water is bad for you
because it leaches minerals out of your bone system. Well, that's how
they cured her. They gave her distilled water until her bone
equilibrated back to where it was an appropriate amount of fluoride in
it, and then she went back on drinking regular water, and no 8 to 10
bags in her tea every day.
Okay. So this group, again, it is a -- it is a "what can we set as a
maximum contaminant level" goal. Anything in water that is other
than plain water, whether it's sand, whether it's odor, whether it's
fluoride, whether it's iron, anything is called a contaminant. That's just
the terminology that EPA uses.
The maximum contaminant level goal is set at a level where -- at
a concentration which no adverse health effects are expected to occur
and the margins of safety are judged adequate. For fluoride, that has
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always been at four parts per million.
Now, this study of three-and-a-half years cost about four million
bucks. It was done for 200,000 people that live at areas that have
above that amount of fluoridation naturally in their water. That's
responsible government. That's what we do.
Here were their findings. After looking at all of the different
bodily systems, every single one of them, the only effect that fluoride
at four parts per million had was on the teeth, and that was severe
fluorosis. So that answers the questions that a lot of people have talked
about.
This was evidence based. These were the best experts in the
world, and they all said no other health systems, no other parts of your
body are affected by fluoride at these levels.
You did develop severe fluorosis above that level. So there was a
recommendation made to lower it, the maximum contaminant level.
It's called a secondary maximum contaminant level, because at two
parts per million, they found that severe fluorosis was virtually zero.
So, again, at two parts per million it goes away. We're at 0.7.
We're at three times -- a third of that water from fluoridation. So you
do not get severe fluorosis from water fluoridation levels.
The second group that I spoke about was Community
Preventative Services Task Force. This task force has recommended in
the past, water fluoridation on strong evidence-based science, that it
reduces cavities.
And as I said, the Cochrane Oral Health Group reviewed the
literature that this group used using their criteria, and they came out
with, yes, it absolutely makes a difference because they considered
more current studies, and that's how things are done. They're called
cross-sectional studies. Once you know something works, you're
looking for a better mousetrap. And that's what cross-sectional studies
do with medications, whether it's with healthcare, whether it's with
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your automobile. Does this part work better than that one?
We're not going to go back and look at Model T's and see. We're
going to see what was a mousetrap from this year and this year.
What's working? What's not breaking down?
And they -- this group also said that there was no evidence that
community water fluoridation levels results in severe fluorosis. So
now you've got two groups that say you do not get severe fluorosis.
Every U.S. Surgeon General since 1945 has endorsed water
fluoridation.
Dr. Connett likes to talk about endorsements, which there are well
over 100 credible scientific groups in the world that endorse
community water fluoridation as -- he likes to refer to them basically
as a rubber stamp, that they don't do the literature -- they don't study it.
American Academy of Pediatrics, American Medical Association,
World Health Organization.
An endorsement, to him, he speaks about it, is nothing. Well, we
trust our families to these folks, and we don't -- we don't go on
something that's just on a whim. We go on the evidence-based
science.
The weight of the science is on the side that everybody has looked
at it goes for water fluoridation, says it's safe and effective, and not a
single credibly recognized group in the world opposes water
fluoridation. Plus, there are no adverse health effects from it, so we're
good to go.
Which would you rather have? Pictures on the left? Pictures on
the right? On the right here, that is mild fluorosis. You will not see
that walking down the street. In fact, I'll go into it just a little bit
further, and I'm going to try to get done here in the next 10 minutes.
The proof is in the pudding. Severe fluorosis does not occur from
fluoride levels in fluoridated water. You have fewer cavities; less
severe cavities, less need for fillings and extractions, and less pain and
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suffering because of this cavity issue.
So if the science is crystal clear, why do people oppose it? Well,
truly some people believe that water fluoridation is causing harm to
them, and my heart goes out to them. I can't tell someone that what
they believe is wrong. I know what the science shows, but I am
empathetic as well.
There are those that just don't -- are not believing it for reasons
that I can't even say. As Dr. Connett said when I left, he said, what are
you going to say to your maker when you meet him about why you're
giving neurotoxins to his children and causing brain damage?
I said, I'd like to be there for the reverse conversation he has with
you, Dr. Connett.
Opponents claim all sorts of false issues, and every one of these is
incorrect. But the one I like the best is that we were taught as dentists
in school that it works for stopping cavities because big companies that
produce it couldn't get rid of it, so -- you know, they said to us in
dental school that it's good for your teeth, so we bought it. We're
idiots, apparently.
Senator Patrick Moynihan's probably said it best, that everyone's
entitled to their own opinion's but not their own facts. A claim has
been made that fluoridated water contains 250 times more fluoride
than mother's milk. Well, that's true. It does; and that mother nature
apparently knows better so that's why she has less fluoride in it.
Well, mother nature gave us research and doctors to do research,
and thank God they found that, number one, not only is there no
adverse health effects for infants drinking fluoridated water -- and its
only risk is mild or fluorosis (sic), which is a picture up there to the
right, but also that babies need Vitamin D because they're deficient in
it. They're not outside as much as they need to be, and we want to
protect them from skin cancers, so they get supplemented with
Vitamin D within the first two months of life.
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They also are lacking in Vitamin K, clotting factor. So they
receive Vitamin K supplements, breastfed children.
They also receive iron supplementation. I believe that's up to the
age of six months. So mother nature knows best is right. She taught
us learn these things through evidence-based dentist -- or
evidence-based science, and it's applied in the proper ways to keep our
kids alive.
Another claim that's made is the ADA warns parents not to add
fluoridated water to infant formula because it's harmful. I did the
research back in '83 to '85 on how much fluoride was in the infant
formulas. We never recommended it back then, and it's never been
recommended not to use it.
If some parent -- if some parents were worried about mild
fluorosis, then they can use low-fluoride containing water, but this
mild fluorosis that you see is actually a bit beneficial because those
teeth are more resistent to cavities.
Dr. Connett mentioned about IQ being lowered by water
fluoridation. It's referred to as the Harvard study. Really, it was not a
study. It was a meta-analysis of poorly-conducted Chinese studies,
Mongolia were some, Iran, and -- well China and, I'm sorry, there was
another.
But those areas that had fluoride at high levels were in the water,
and that's what they looked at. And some of the areas were up at 10 to
15 times what is in water and fluoridated water. These are areas that
just have fluoride in the water. They were very polluted waters. They
can have arsenic, they can have mercury and other issues going along
with it.
They did not measure fluoride that came from the coal. They
burned coal for heating in their homes, and it has a high amount of
fluoride, and that fluoride's released, and these kids breathing that in as
well as the adults. They also drink a lot of black brick tea, which is
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high concentration of fluoride. So they were just looking at the
fluoride in the water.
Well, basically, when you boil down the studies of low amounts,
which were their control group, like what's in our water fluoridation,
versus the high groups -- it was the high group that had an IQ deficit of
seven points. Even those poor studies, when looked at it critically,
showed that water fluoridation levels did not have IQ issues. It was
only the ones at a higher amount.
Again, I don't know that we can draw a lot of conclusions. People
who oppose fluoridation try to use that as a backdrop to stop water
fluoridation. Well, one of the authors, Philippe Grandjean, stated
recently in 2014, when a -- when a water operator for the state asked
him, being it was being used in their community, that it's dumbing
people down, he responded that, we do not wish to take any sides on
water fluoridation. He knows that it is not an issue.
In Wichita, Kansas, when they were going through water
fluoridation in 2012 when these studies first were published, he said,
we do not wish to take a side there because it does not apply to water
fluoridation levels in the United States. Those levels we tested were
much higher.
CHAIRWOMAN FIALA: Are you pretty close to the end, Dr.
Johnson?
DR. JOHNSON: I am.
CHAIRWOMAN FIALA: All right.
DR. JOHNSON: Causing cancer? Nope, not at any level.
I like the toothpaste one, though. Look at the back of the tube.
Contact Poison Control Center if swallowed. Well, they also say, keep
it out of the reach of children under the age of six and supervise your
kids so that they're not swallowing it.
Nobody's ever died from toothpaste ingestion. A child that's four
years old would have to eat two adult-sized tubes of toothpaste at one
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sitting to die. You'd throw up from the sudsing agent before you ever
got enough into you and get you sick.
Again, fluorosis issue. It does not cause any issues to the looks of
the teeth, it reduces cavities greatly, and it also reduces the quality of
life -- or improves the quality of life of people being out of pain.
I'll kind of let this be the last one. This was the slide that Dr.
Connett showed and Camden showed last time where it was on the
right side you had a linear reduction in cavities since the -- really
around the time toothpaste -- fluoridated toothpaste was what -- and
became in wide use. And that was a very interesting linear regression
there.
In fact, the one on the left, the graph, is the actual data from the
World Health Organization. But the folks re-manipulated it to -- that
are against fluoridation to show linear. You can't do that. You cannot
do that. In fact, when you look at the two groups, when you go into an
area that's non-fluoridated and you start fluoridating it, you get a 25
percent reduction in cavities, so it does work in addition to toothpaste
and every other form of fluoride that we're using.
I think that's it.
CHAIRWOMAN FIALA: Thank you so much.
DR. JOHNSON: You're welcome.
CHAIRWOMAN FIALA: Very interesting.
DR. JOHNSON: Thank you.
CHAIRWOMAN FIALA: Thank you, sir.
(Applause.)
MR. MILLER: Madam Chair, yourspeaker next s eaker is David
Bolduc. He'll be followed by Jill Dixon.
CHAIRWOMAN FIALA: How many other speakers do we have
after that?
MR. MILLER: Eighteen more after Mr. Bolduc here.
MR. BOLDUC: Good afternoon. For the record, David Bolduc.
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You know, when I was -- 25 years ago when I was studying
economics at Brown University, which is the same undergraduate
degree held by the current Fed Chair, Janet Yellen, I was taught by my
professors that the Federal Reserve, it's a conspiracy theory if it's not a
part of the government and that if-- it's actually owned by private
banks like Goldman Sachs, JP Morgan, and Bank America.
In fact, the leading expert, what many consider the leading
economic expert of the 20th century, Dr. Milton Friedman, in his book,
Free to Choose, on Page 264 states, the only way to finance higher
government spending is by increasing the quantity of money. As we
noted in Chapter 3, the U.S. Government can do that by having the
U.S. Treasury, one branch of the government, sell bonds to the Federal
Reserve System, another branch of the government.
Well, today if you had someone from the dental community come
up and say, you know what, based on current research, current
academic papers and things of that nature, it's a -- and even
publications from the Fed itself, the Federal Reserve is a private bank.
So it's not -- it wasn't a conspiracy back then; it's a fact now.
And if you look at the paper to support the claim from the CDC
that fluoridation is one of the top 10 health achievements of the 20th
century, they devote one sentence to safety, and it says, the safety and
effect of water fluoridation --
THE COURT REPORTER: Sorry. Can you slow down.
MR. BOLDUC: Okay -- have been re-evaluated frequently and
no credible evidence supports an increase in bone fracture, lower IQ,
Alzheimer's disease, and cancer.
Well -- and they use a reference, No. 25, which is the National
Research Council's study from 1993. And what Dr. Johnson talked
about was that the National Research Council updated their fluoride
study in 2006, and here's what they had to say.
On Page 15, in addition to, a body of information has developed
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that indicates the major anti-caries benefit of fluoride is topical and not
systemic, and you don't need to drink it.
Regarding, does it do any harm outside of the teeth? On Page
348, overall, there was consensus among the committee that there is
scientific evidence that under certain conditions fluoride can weaken
bone and increase the risk of fractures.
On Page 218, the pattern of neuronal degeneration found by
Varner was also found in two other studies. And then also moving to
Page 336, several studies indicating at least some positive associations
of fluoride with one or more types of cancer have been published since
the 1993 National Research Council report.
So, I say we look at current information. If we're going to -- you
know, this is out of date. The CDC's claim that it's the top 10 health
achievement of the 20th century, out of date. Let's use modern science.
Let's take actual quotations from this study, because if the CDC
thought it was the best study or the best scientific body, let's still
consider this the best scientific body. Thank you.
(Applause.)
MR. MILLER: Madam Chair, your next speaker is Jill Dixon.
She has been ceded time from four speakers. I will call their names.
Mara Bugarini? Bugarini?
(No response.)
MS. DIXON: A couple people had to leave to go back to work.
MR. MILLER: Okay. Yvonne Rybarowsky.
(No response.)
MR. MITCHELL: Levine -- Lewis -- Levine Williams?
MR. WILLIAMS: She had to take my children back. They were
getting rowdy.
MR. MILLER: Matthew Williams?
MR. WILLIAMS: I'm here.
MR. MITCHELL: That is one person left ceding time. That
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would be a total of six minutes. Okay.
CHAIRWOMAN FIALA: Okay.
MS. DIXON: Okay. Thank you for having me here. I'm Jill
Dixon, and I'm going to get right to it.
One thing that we need to consider is the fluoride that we are
discussing is not a naturally occurring fluoride. We are talking about
flecks of fluoroacetic acid and sodium fluorosilicate. It is a byproduct,
an industrial biproduct. It is not the fluoride that comes in cucumbers,
spinach, tomatoes, and avocados. Okay. We need to make that
distinction.
Fluoride regulations. We do know that the health department and
EPA announced .7 milligrams as a level of fluoride in optimally
fluoridated water instead of the then current recommendations.
The Institute of Medicine published recommendations that
reference intakes for males would equal four milligrams a day of
fluoride; female, three milligrams a day of fluoride; children four to
eight would be one milligram a day of fluoride; and younger, .7 to .01
(sic).
On the sheets, it explains adverse effects of excessive
consumption, which was enamel and skeletal fluorosis.
There are many things to consider when fluoridating an entire
population. The ADA itself states that the appropriate amount of daily
fluoride intake varies with age and body weight. As with other
nutrients, fluoride is safety effective when used and consumed
properly.
So I agree with Commissioner Taylor and the dental clinics and
their good jobs at fluoridating the community and providing free
fluoridation.
One of the things I must mention is I was asked at lunch today if I
have a water filtration system by a gentleman here in the room and --
that just previously spoke. I'm wondering if the opposition asked that
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to every person in the community. I think it shows directly that the
very fact that they ask that question and that they tell me it removes 78
percent of the fluoride in the water says that it shouldn't be in
everyone's water.
Who is paying for water filtration systems in low-income
families? Okay. So that is a major point to consider.
I want to point out the World Health Organization states in their
technical report, Series No. 846, dental and public health
administrators should be aware of the total fluoride exposure in a
population before introducing an additional fluoride program.
So what is your exposure? Well, right now we get it through
foods, drinking tap water, obviously, beverages such as coffees, teas,
lemonade, anything used with water. Do you use ice cubes? Do you
boil pasta? Do you boil foods and vegetables? These all absorb water.
Then we have bathing and showering. Remember we're not
talking about a naturally occurring fluoride. We're talking about a
chemical byproduct -- excuse me -- industrial byproduct.
Camden used the EPA's absorption limits, which were directly
stated. How much we're in-taking a day is beyond the recommended
level, which I've already said; males four, women is three in general
ranges, and children. Between the ages of four and eight, one
milligram of fluoride a day.
Toothpaste alone, which covers the length of a child's toothbrush,
contains between .75 to 1.2 milligrams of fluoride. If children ages
four to eight are brushing from a normal dose of toothpaste, then
they're receiving 75 percent to 150 percent of their daily intake of
fluoride in one brushing. We're not taking into account the percentage
that comes from the fluoridated water that we're drinking.
Many children swallow the fluoridated toothpaste. I think -- I
believe some people have already said this. We've already been
warned on the toothpaste what happens with overexposure. It's written
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right on there. It adds up.
Fluoride based contaminating foods. The EPA allows seven parts
per million of fluoride on more than 30 fruits and vegetables that are
treated with cryolite pesticides. This is nonorganic produce. Cryolite is
actually sodium aluminum fluoride, and it is especially effective at
killing bugs, because it's very sticky; therefore, it tends to stick to the
fruit more, the food more.
Therefore, if-- you have 126 milligrams of fluoride, which is 180
times higher than the amount of fluoride recommended in our water
supply and 126 times higher than what a child should have as a
recommended daily allowance of fluoride not including what is
ingested in their water. Okay.
Camden already talked about the mathematic formulation for the
EPA, which is not opinion, actually mathematical calculations on the
absorption intake. I do want to state that it is -- been proven that
within 26 seconds after exposure to chemicals such as those found in
cleaning products, traces of these chemicals can be found in every
organ of the body. Again, we're not talking about naturally occurring
fluoride. We're talking about an industrial byproduct, a chemical.
So what is the exposure of the Collier County residents in
particular and yourselves? Well, you can't really pinpoint your exact
exposure, can you, which is exactly what was suggested by who that
you do before adding water fluoridation to the population. However,
we've proven that there's more exposure.
It's a different age than it was 50 to 60 years ago. We have the
ability to receive fluoride from the dental community, thank God,
which is a great thing. So why are we overexposing our children and
ourselves to fluoride? What can we control? Well, we can control the
.fluoride that's in the water.
Part two, it is classified as a neurotoxin. Fluoride can cross the
blood-brain barrier, and it can cause adverse effects in the brain cell
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architecture.
I'm going to go through all of this. I did want to mention I do
have papers about industrial chemical suppliers are required to provide
documentation to their employees from Material Safety Data Sheets.
Well, on those Material Safety Data Sheets, it mentions fluorosis
on many of them. What is fluorosis? Well, according to the CDC,
only children age eight years or younger can develop dental fluorosis
because this is when permanent --
CHAIRWOMAN FIALA: Thank you very much.
MS. DIXON: -- teeth are developed. Adults cannot develop
dental fluorosis.
CHAIRWOMAN FIALA: Thank you.
MR. MILLER: Madam Chair, your next speaker is Susan
Gorman. She'll be followed by Bill Oppenheimer.
CHAIRWOMAN FIALA: How many speakers do we have left?
MR. MILLER: Maybe 15. I found a duplicate while I was
waiting, and I also saw one that I had misfiled.
CHAIRWOMAN FIALA: Anybody who doesn't want to speak
MR. MILLER: Susan Gorman? Bill Oppenheimer.
CHAIRWOMAN FIALA: -- would be fine with us.
MR. MILLER: Lisa Howe. Any of those people here?
COMMISSIONER TAYLOR: Madam Chair, if they --
MR. MILLER: Are you Ms. Gorman?
MS. GORMAN: Yes, I am.
MR. MILLER: Please.
COMMISSIONER TAYLOR: Maybe if they agree with the
previous speaker, maybe they could just come up and --
CHAIRWOMAN FIALA: Yeah. How about that? If you agree
with the previous speaker -- thank you, Commissioner Taylor. If you
agree with the previous speaker, just tell us you agree, and that way
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we'll be able to trim it down a little bit.
COMMISSIONER NANCE: If you have something new to add
CHAIRWOMAN FIALA: Fifteen more. We've got almost
another hour here before we even start to deliberate. So anything you
could do to help us cut it a little bit short would be very nice.
MS. GORMAN: Great. Hello.
CHAIRWOMAN FIALA: Do you agree with anybody?
MS. GORMAN: I agree with Dr. Scott Tomar, and I will cut
mine short. I am the program coordinator for the dental outreach
programs through the University of Florida, which is centrally located
at the pediatric dental center here in Naples, Florida.
I would just like to let you know that I am in full support ofthe
community water fluoridation because I see first hand, through being
the registered dental hygienist, the amount of tooth decay that is
prevalent in the children of Collier County.
One of the services that this program provides are dental
screenings to the children of Collier County. And as Dr. Tomar had
stated, that we had screened over 3,436 children last year; 37.7 percent
had untreated decay; 66.7 had caries experience. That represents
treated and untreated decay present; 4.9 had urgent dental need,
meaning that the children need dental care; and 35.5 had early dental
need.
What does this mean? This means that the prevalence of cavities
is high in Collier County with 66.7 of the third graders screened having
a caries experience, and 37.7 of these having untreated decay.
Given the evidence-based data, community water fluoridation
helps prevent cavities and reduces the disparities in cavity risks among
children. For this reason, I am in full support of remaining (sic) having
the community water fluoridation.
COMMISSIONER HENNING: Pardon me. What's your name
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again?
MS. GORMAN: Susan Gorman.
COMMISSIONER HENNING: Okay. Thank you.
MR. MILLER: Your next speaker is Bill Oppenheimer. He'll be
followed by Lisa Howe.
MR. OPPENHEIMER: Good afternoon. I'm Bill Oppenheimer,
resident of Collier County.
First of all, I'd like to say that in the interest of full disclosure, I'm
not on the payroll of NCH, the County Health Department, UF, or any
other organization. I speak for myself as a resident and taxpayer of
Collier County.
First of all, I'd like to say that you have a perfect opportunity to
make a courageous and heroic decision here, and I encourage you to do
that.
To recycle an older phrase, I would just say no to drugs. FDA
has classified fluoride as a drug. Please say no to mass medication.
I would like to pick and choose which medications I'd like to take.
I don't think I should be force-fed anything that I don't think is good
for me or my family.
I will tell you that my children grew up in a small town up north
that didn't have a public water supply. They grew up without fluoride.
They had topical fluoride treatments and sealants applied to their teeth,
and at the age of 34 and 36, neither one of them has a cavity.
I think we need to stick with the topical applications which the
dentists are good at. Systemic application of fluoride is dangerous, and
I don't think that the commission should go along with that.
And, in closing, I'd just like to say again it's a difficult decision to
make, but I think we have the ability to start a trend here, and I think
it's the right thing to do.
Thank you for your time this afternoon.
(Applause.)
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MR. MILLER: Your next speaker is Lisa Howe. Lisa Howe.
(No response.)
MR. MILLER: Amanda Just? She will be followed by Marlaine
Reick, Rieck, Rick?
MS. JUST: I definitely cut my speech much shorter, and thank
you for giving me the opportunity to speak her today.
My name is Amanda Just, and I am a resident of Fort Myers. I'm
here today out of concern for the residents of Naples.
I am disgusted by the lack of informed consent for what is added
to the water supply, and I also choose to continue avoiding products
containing fluoride because I work as the program director for the
International Academy of Oral Medicine and Toxicology, also known
as the IAOMT.
We are a global organization of over 800 dentists, physicians,
scientists, and research professionals, and our members have been
expert witnesses about dental products before the U.S. Congress, the
FDA, Health Canada, the United Nations, and other government
bodies around the globe.
The IAOMT's official position is that we are opposed to water
fluoridation because of its scientifically established links to cancer, hip
fracture, dental fluorosis, lower IQs, and neurological impairments.
My job was to catalog all of those studies. I read every single one
of them, including the 2006 National Research Council report. I beg
of you to read them yourself if you're confused by the arguments going
on. Because when I read all that science -- and it is evidence based --
it's clear that a risk exists. You have a tough task in front of you today,
and I respect you for taking the time to do it.
Everyone in this room agrees that we want to stop tooth decay
and prevent cavities. We all agree on that. There are much, much
safer ways to do that than by adding fluoride to water.
So please consider that, and thank you again.
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May 10, 2016
MR. MILLER: Your next speaker is Marlaine Rieck. She'll be
followed by Dr. Scott Needle.
MS. RIECK: Marlaine Rieck from Collier County. Private
citizen.
I stand against fluoridation of any public water supply.
Can you hear me? Okay.
The form of fluoride most commonly used, or former forms, in
drinking water is toxic and of little or no benefit regarding protecting
the teeth from decay. It is -- number 2, it is impossible to control the
dosage through public water supply. Number three -- to me, the most
important -- it violates our individual right to choose what medications
to add or not add to our bodies.
Would the government choose to add magnesium to the water
supply? Most of us could use more than that. But what form? Maybe
they could add Vitamin D, or how about B vitamins? You know, the
whole idea is ridiculous. If we want to protect our teeth with fluoride,
we can choose fluoride toothpaste, rinse, et cetera. And if-- the poorer
people in the area, if that's a problem for them financially, perhaps the
county could subsidize, make those things available for those who
choose.
My local dentists support those forms but not in the drinking
water. I don't know whether I'd use any of it or not, but that should be
individual choice.
And if we are really serious about protecting our children's teeth
and our own, how about we eat healthy food and cut down on sugary
food and drink that create an acid condition that leaches calcium from
teeth and bones?
In short, let us choose. Please eliminate the adding of fluoride to
the water. Thank you.
MR. MILLER: Your next speaker is Dr. Scott Needle. He'll be
followed by Jason Hartgrave.
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May 10, 2016
DR. NEEDLE: Yes, Commissioners. Thank you for the
opportunity to speak. My name's Dr. Scott Needle. I'm a father to
three boys who have been raised here in Naples and have drunk the tap
water the whole time through.
I'm also a pediatrician and the chief medical officer for the
Healthcare Network of Southwest Florida. We are the healthcare
organization that serves the poor and the underserved in this
community, and we are the ones that, in conjunction with UF, provide
dental care to the poor and underserved.
We see in our offices every day caries, dental decay that would,
quite honestly, shock you, and it's happening right here in Collier
County.
Right now our treatments that have to be done under anesthesia,
such as kids that are with developmental delays, kids with autism,
toddlers who are too young to cooperate with their treatments, right
now there is up to a two-year wait list to get those services done under
anesthesia.
My concern, why I'm here today, is if we remove the fluoride
from this water, you are going to see that number climb up even
further. Therevious speaker talked about doingall we can for the
p p
poor and underserved, and I think all of us here are in agreement for
that.
But the reality is, on an everyday basis, we do not have the
resources to give all the kids the treatment that they need.
The fluoride that we put in the water is one measure that will help
those kids right now. We talk about having choice, but for many of the
people, many of the families that are in Immokalee, in East Naples, in
Golden Gate, they don't have a choice as to when to see the dentist,
when to get care. They are pretty much at the mercy of their
circumstances. They don't have the access. They don't have the ability
that most of the rest of us do.
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The science is very clear. You heard the presentations from Dr.
Johnson, from Dr. Tomar, the side effects that people are talking about
are occurring in natural fluoride concentrations that are way higher
than anything that we're talking about here in Collier County.
If we can reach the recommended level of.7 parts per million, it's
safe, it's effective, it's cost effective, and it's the best way that we can
ensure the health of the children and families in this county going
forward.
Thank you very much.
(Applause.)
MR. MILLER: Madam Chair? Madam Chair, before I get to the
next speaker, I've had a couple people bring up slips still as this item
continues. We do not accept slips once the item has started. I just
wanted to make that announcement to let them know.
CHAIRWOMAN FIALA: We said that a while back.
MR. MILLER: Sure. Jason Hartgrave will be followed by Dr.
Mark Corke.
MR. HARTGRAVE: Thank you for your time. Jason Hartgrave,
concerned citizen, and also with the Libertarian Party of Collier
County.
I think one of the things that everybody can agree on is anyone
who wants to argue for or against fluoride treatment to reduce tooth
decay should have little trouble finding some medical and dental
authorities to take whatever side of the fence that you're on.
But what we really need to realize here is, like other speakers
have mentioned, this choice, this individual choice. My right to
choose what I feel is an appropriate medical treatment or preventative
decay for me.
So in light of this freedom-of-choice issue, how could we go
about doing this? We hear a lot of controversy, but we don't really
hear a lot about possible solutions to the problem.
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Well, we think that maybe we could reasonably advocate that
those wishing to use fluoride for themselves or their children could
utilize, you know, sodium fluoride tablets, which are available at the
precise dosage.
Other free-market solutions, there's fluoride salt, toothpaste,
brands of milk. So we have this available, and we can offer it to those
in need if need be. We don't need to mass medicate everyone from the
community water supply.
Or if the Board decides that, you know what, we're just going to
do it anyway, well, let's think about the possibility of injecting that
fluoride at the point where the water enters the home, thus allowing
each family its choice, its personal choice in receiving the fluoride or
not.
Or, you know, whether we attach the fluoridation equipment
ahead of or behind a water softener might be a problem in some
houses. You know, that raises another question. You know, if the
majority should insist on fluoridated water, is it going to be a problem
if somebody installs water-treating equipment that would remove the
fluoride? You know, are we really putting the needs of our -- or the
government ahead of our personal freedoms in this choice?
We would ask you to really respect the personal choice of all of
the citizens in Collier County. Allow this to be a personal matter that's
made by each individual citizen, and please respect their right to
choose for themselves.
Thank you.
MR. MILLER: Your next speaker is Dr. Mark Corke. He'll be
followed by Cade Copeland.
DR. CORKE: Yes. Thank you, Commissioners, for the
opportunity to speak. My name is Dr. Mark Corke, and I have been
practicing dentistry in Florida since 1998. I am proud to live on the
Island of Sanibel where our water is not fluoridated.
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May 10, 2016
I'm here today out of concern for the residents of Naples, some of
whom are my patients, and many of whom travel specifically up to my
office so that I can offer them fluoride-free dental treatment.
I'm an accredited member of the International Academy of Oral
Medicine and Toxicology, the IOMT (sic). Dentists in the IOMT have
shared research about the dangers of water fluoridation specifically, in
one instance, to individuals with thyroid disease. These people have a
much lower threshold for tolerance of fluoride than others, and they're
therefore -- if their water supply is fluoridated, are forced to buy
non-fluoridated bottled water without the option of drinking their tap
water.
In addition, my colleagues have identified research that the
fluoride added to water does not serve its intended function of reducing
tooth decay. You've heard many people say that topical fluoride is the
way to go for that.
Furthermore, the fluoride added to water is not pharmaceutical
grade, as many people have also said. It's actually toxic waste from the
phosphate industry. Sometimes it's even being imported from China in
some communities.
Also a concern is that there is no separate -- and no kind of dose
control for children or for anybody. There's no way to tell how much
fluoride you're getting. It depends entirely on how much water and
other product containing fluoride you consume.
The hazards of using fluoride on children have been documented.
Exposure to excess fluoride in children is known to result in dental
fluorosis, of which you've seen pictures.
The Centers of Disease Controls have found that 23 percent of
Americans age 6 to 49 have dental fluorosis, and 41 percent of children
age 12 to 15 exhibit some fluorosis.
The implication of fluoride in childhood cancer is even more
alarming. Data has pointed towards a link between fluoride exposure
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May 10, 2016
and osteosarcoma, which is a bone cancer in boys and young men.
This type of cancer is recognized as the sixth most common group of
malignant tumors in children and the third most common malignant
tumor for adolescents.
In addition to recognizing the risk of fluoride in osteosarcoma, the
2006 National Research Council reports cited concerns about
musculoskeletal effects, reproductive and developmental effects,
neurotoxicity, neuro-behavioral effect, genotoxicity, and
carcinogenicity.
Fluoride, in its form that it's most commonly used -- which is not
the pharmaceutical, it's the hydrofluorosilicic acid, is added to many
water supplies because it's -- it's just -- I think it's much more cost
effective -- attracts lead.
This is a very timely topic with Flint, Michigan, being in the
headlines. Because of this -- fluoride's affinity for lead, fluoride has
been linked to higher blood levels in children, especially in minorities
CHAIRWOMAN FIALA: Thank you very much, sir.
MR. MILLER: Your next speaker --
DR. CORKE: -- lower IQs in children.
CHAIRWOMAN FIALA: Thank you very much, sir.
MR. MILLER: Your next speaker is Cade Copeland.
MR. COPELAND: Hi, guys. Are we having -- are you having
fun? This is awesome. So thank you guys for hearing me out.
The beautiful part about science, right, is that when the science
tells us that we're wrong, we can actually remove ourself from the
situation and accept that we're wrong.
So my name is Dr. Cade Copeland. I've been in private practice
in Naples, Florida, for five years. I've been voted by Naples Daily
News as the best chiropractor in town and the best physician, again,
from Naples Daily News.
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May 10, 2016
I come to you today not only as a doctor, right, I come to you as a
father and a community advocate, okay. I'm going to quote Maya
Angelou here today. When -- we do the best with what we know. But
when we know better, we must do better. We must do better.
So today, let's look at history. We once thought that lead was
safe, but we know better. We once prescribed cigarettes to our patients
for anxiety and depression, but we know better. We were told that
Agent Orange and DDT were safe, but we know better. There was --
infants were given soda pops, but we know better, okay. We thought
Vioxx was safe. In fact, the FDA approved Vioxx as safe, but we
know better.
And so the same thing is when we're looking about fluoride we
know -- no one's ever said that fluoride isn't (sic) safe, right? We've
always known that fluoride is a poison and a toxin.
What the side of anti-fluoride is saying is not dismissing, right? It
isn't saying that -- we need to look at the bigger picture, I guess, is
what I'm saying, right? We need to zoom out. If we just look at tooth
decay right now, that's one topic, but I'm begging you and I'm asking
you to zoom out and look at the bigger picture. The bigger picture is
how is fluoride affecting our overall health?
When you look at the research, it is very, very clear that the toxic
side effects of fluoride are outweighing the benefits of better dental
health, right.
Dr. Admena (phonetic) said that she took a Hippocratic Oath,
primum non nocere, first do no harm. And we take that very, very
seriously as practitioners. First do no harm. And again in this case, it's
not not happening.
History shows us that, like many health topics in the past, right, it
is not a matter of if; it's a matter of when fluoride will be removed.
I'm asking you to make a very courageous decision today, very
courageous decision today, to be a pioneer and to change what things
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May 10, 2016
look like going forward by removing fluoride -- removing fluoride
from the water.
Again, science points us very clearly in that direction, okay. It's
not a matter of if, but it's a matter of when this will happen.
Thank you guys very much for your time.
(Applause.)
MR. MILLER: Madam Chair, the only slips I have left were for
Stephanie Vick, who was afforded 15 minutes earlier, so I'm assuming
these are --
MS. BRADSHAW: I've been waiting five hours.
MR. MILLER: What's your name, ma'am?
MS. BRADSHAW: Kim Bradshaw.
MR. MILLER: I will go through all of these. I'm sorry. Yes, if
you would like to -- it's going to take a while to go through these. I do
not believe I --
CHAIRWOMAN FIALA: Make it quick.
MR. MILLER: I do not believe I omitted anyone.
MS. BRADSHAW: I've waited five hours to talk to you, and I'm
not a doctor.
CHAIRWOMAN FIALA: What is your name, please?
MS. BRADSHAW: Oh, sorry. Pardon me? Too loud?
CHAIRWOMAN FIALA: Your name, please.
MS. BRADSHAW: Oh, Kim Bradshaw.
And my family owns a business here. And I'm not a doctor or
cancer survivor, and I've learned a lot listening to both sides today and
also found out that those white spots on my teeth are fluorosis. Didn't
know that.
Bottom line for me is, I'm talking business. Our business is a
small manufacturer, and we use ultra pure water to make our products,
and all of our clients see that on our products that that's the basis of
what we offer.
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May 10, 2016
We send in tests constantly to check our water for parts per
million to make sure that we keep everything just right. And, recently,
because of all the news coming out, we have clients and customers
calling us asking about fluoride. And we're like, well, surely our water
system that's cost us, I can't even -- I don't even know how much the
last system cost, but it was very expensive.
Get my water guy in, and he says, no, it doesn't take all the
fluoride out. A system like that would cost you a hundred thousand
dollars on a commercial level.
I was kind of just -- and we deal with practitioners and people
from Europe and Canada. And I -- you know, it doesn't matter what I
think. It's what my customers think.
And here I thought I was offering a product that was as healthy as
possible. If there's any question in my mind, I have to do something
about that. I don't just say to them, well, I've heard that it's safe, and
the dentist says it's okay, and -- they are not happy, and if there's any
question in my clients' mind, just as if there is in the public, I have to
seriously contemplate changing what I'm doing. And I'm praying to
God that you're going to take fluoride out so I don't have to buy a
hundred-thousand-dollar water purification. It should be a choice.
And the one question I had, because I haven't been privilege to
the whole process, is how much do we spend to do the fluoridation.
You guys must know how much it costs, right?
COMMISSIONER HENNING: Very little to nothing.
MS. BRADSHAW: What's little to nothing? I just want to know,
like --
COMMISSIONER TAYLOR: Dr. George can --
MS. BRADSHAW: Can someone give me, like, a little bit of
information?
MR. OCHS: Thirty thousand a year.
MS. BRADSHAW: Thirty thousand. So I'm thinking 30,000
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May 10, 2016
could buy a lot of those little tablets for the underprivileged children
that they could take and probably --
(Applause.)
MS. BRADSHAW: I'm just a business woman. That's -- you
know, no science involved there. I just -- money? Things? We've got
a problem. Make everyone happy.
So that's just my thought. So I surely hope that you take fluoride
out. It's an easy fix.
(Applause.)
MR. MILLER: Madam Chair, for the record, that slip did come
in late. I did receive a slip, but it did come in late, and that is the final
speaker we have.
CHAIRWOMAN FIALA: Okay, fine. Thank you very much.
Okay. We are -- we've heard everybody. We appreciate you all
being here and spending the day with us. It's kind of nice to have
people to spend the day with, isn't it?
And now, I have first -- the first commissioner who wants to
speak is Commissioner Taylor.
COMMISSIONER TAYLOR: I just needed to ask a question,
and either -- Dr. Johnson maybe could answer it, and I had a question
about fluorosis. What we saw, the pictures, decay versus fluorosis and
severe fluorosis, is that from ingestion of fluoride? What is that from?
DR. JOHNSON: The severe fluorosis that you will see is from
areas where water is above two parts per million and above that.
We don't allow families to drink above four parts per million in
this country, but there's areas, like in Texas, where that's naturally
there. It's in wells there. You will see that. It's very mild/severe
fluorosis, but you'll see more -- as it gets to the four parts per million
and above, you'll see more brown pitted stains.
You see a lot of it from folks that are coming from other
countries; Mexico where the water has natural high fluoride levels in
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May 10, 2016
it; China, you'll see those sorts of things.
But in this country, we don't see severe fluorosis because it's --
our intake is from water fluoridation. You will see very mild to mild.
The moderate form of fluorosis, which was more the white spots,
that is caused by swallowing fluoride products like toothpaste and
fluoride rinses, things like that, before you're eight -- I should say up to
the age of eight. So that's improper use of products, which we can
blame ourselves as parents not paying attention to that and teaching
our kids how to swish and spit.
But if you do swallow it and you get moderate fluorosis, those
teeth are resistent to cavities. And studies have shown that quality of
life when compared to cavities on teeth versus white spots, people
have chosen the white spots always.
COMMISSIONER TAYLOR: Is there any reverse -- reverse to
fluorosis? Once you have it, you have it; that's it?
DR. JOHNSON: You know what, on -- as a pediatric dentist of
30 years, I will tell you that kids who came in and certainly who had
dental treatment, that I dried their teeth off, you would see some of the
white spots of mild and very mild fluorosis and sometimes moderate
because they swallowed toothpaste.
I will tell you as a practitioner of 30 years that as their teeth --
their teeth actually look like a shingle of a house, one lap over another
lap over another lap. That's how the enamel develops. As those areas
just smooth down through attrition and wear and tear, those little white
spots tend to fade on the front. They don't on the back teeth in
between them, and that's great, because that's where you want your
fluoride concentrations, where cavities happen the most, in between
your teeth.
So, yes, that color, which 41 percent of people -- and that was
from fluoridated and non-fluoridated communities that study was
done. It was just generally that 41 percent of the 12 to 15 years-olds
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had fluoride of the -- 97 percent of it was questionable, mild, and very
mild. The mild and very mild and even moderate fades out.
COMMISSIONER TAYLOR: Thank you. Thank you very
much.
DR. JOHNSON: Yes, ma'am.
CHAIRWOMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. Stephanie, you got the
information that you provided me about the third grade information
from Susan Gorman, if I recall? Yes.
MS. VICK: Yes.
COMMISSIONER HENNING: Well, interesting -- and I heard
her concern about kids in Collier County having so many cavities.
Most of the schools in Collier County are in areas that have fluoride,
whether it be Immokalee, Golden Gate, the urban area, which Collier
County serves, has fluoride within their drinking water, and you would
only assume that these elementary schools are in neighborhoods that
have fluoride that these kids are digesting. So I would walk away with
the information that fluoride does not help cavities, preventing cavities
in Collier County.
(Applause.)
COMMISSIONER HENNING: The one that does stand out is
Tommie Barfield on Marco Island, which I confirmed their -- Marco
Island does not have fluoride in their water.
I'll give you an example. In Golden Gate Estates, comparable to
Tommie Barfield, Golden Gate Estates does not have fluoride in the
water, they have less cavities there than they do at Tommie Barfield.
Neither one of them have fluoride; however, you have Village Oak
Elementary, which does have fluoride, have a high rate of cavities.
MS. VICK: I believe, Commissioner, that that's a failure to really
understand fluoride. I think that --
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May 10, 2016
COMMISSIONER HENNING: So I'm stupid?
MS. VICK: Yeah -- no, I didn't say you were stupid. But I'm --
what you heard today was that fluoride exists in all water. So just
because a particular area in the Estates is not community water
fluoridated does not mean that there's not fluoride in the water.
COMMISSIONER HENNING: Well, it's a -- the water source,
the source that we have and the source that Golden Gate has, the
source that Immokalee has, is the same source.
MS. VICK: Yeah, not true. There are varying levels of
background fluoride in the water across the county, and so there --
COMMISSIONER HENNING: It's the same aquifer.
MS. VICK: -- there are places in the Estates where the fluoride
level was actually higher than the .7 that we do with community water
fluoridation. So it's not hard to believe that there are some areas in the
Estates that might not have as much tooth decay. But you did also hear
Dr. Tomar say --
COMMISSIONER HENNING: Stephanie, it is the same source
of water, and that --
MS. VICK: The aquifers are different.
COMMISSIONER HENNING: The same aquifer is the same
source that all these utilities are using, and those -- that aquifer is a
flowing aquifer.
MS. VICK: I'll be happy to get you the data, Commissioner.
COMMISSIONER HENNING: You gave me the data.
MS. VICK: No.
COMMISSIONER HENNING: You gave me the data --
MS. VICK: I'm happy to get you the data on where the water
comes from for those particular areas.
COMMISSIONER HENNING: I'm not trying to be personal on
this. But it's -- the fluoride you're showing is -- there's -- whether you
have fluoride within the water or whether you don't have fluoride, and
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May 10, 2016
that's what we heard from your experts, is communities that don't have
fluoride have a higher rate of cavities, okay. So --
MS. VICK: But Dr. Tomar also said that it is not an independent
thing. It depends upon the eating habits of people.
COMMISSIONER HENNING: Exactly, exactly. That's the
point.
MS. VICK: That's true.
(Applause.)
MS. VICK: But you're -- again, you're leaving out part of the
data because what you're saying is because that is true, that if you stop
fluoride -- community water fluoridation altogether that it won't make
a difference, and what we're saying to you is, yes, indeed, it will make
a difference. The rate of decay will be even higher than it is now.
(Applause.)
CHAIRWOMAN FIALA: So let's see. Next we have
Commissioner Hiller.
COMMISSIONER HILLER: Thank you.
Unfortunately, Doctor, that's a statement without proof. Canada
has given up fluoridation for about 70 percent of its population.
Europe has given up fluoridation. Yes, it has. I grew up without
fluoridation, and my daughter who grew up here in Collier County
experienced fluorosis to the point that it was, I would say, moderately
severe, to the point that my dentist here in Collier County told me to
ensure that my daughter stopped drinking the county water because of
the fluorosis she experienced.
I have to agree with Commissioner Henning.
COMMISSIONER HENNING: That's hard to do.
COMMISSIONER HILLER: No, it's actually easy to do when
you're right.
COMMISSIONER NANCE: I'm stunned. I've got to go get
something to drink.
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May 10, 2016
COMMISSIONER TAYLOR: Some water?
COMMISSIONER HILLER: No, when I go back and I look at
the evidence that was presented by this study, out of, I believe it was,
3,000 students that were tested, the range of cavities that were
experienced by the different schools is very telling. Avalon
Elementary, out of 90 screened, 80 had cavities. That was a
fluoridated community.
Big Cypress Elementary, out of 144 that were tested, 64.6 had
cavities, significantly less. That's a non-fluoridated community.
You look at Corkscrew Elementary, 96 tested, 67.7 experienced
cavities, non-fluoridated.
By contrast, you look at Shadowlawn Elementary, 82 tested, 68.3
had cavities in a fluoridated community.
You go back and forth, and you can see clearly that there isn't a
trend that shows that a lack of fluoridation correlates with higher
cavity levels, and there are no communities, you know, that I know of
in the communities that have eliminated fluoride in Canada and in
Europe that have experienced a reverse trend in cavities.
And there's a reason, and there's a reason why the study that the
first doctor who spoke in favor of fluoridation, the Sarnia/Brantford
study doesn't make sense today. At that time that study was done,
which is decades ago, the dental care was very different in the
community. You didn't have fluoridated toothpaste on every grocery
store shelf. You didn't have mouthwashes with fluoride. The education
about dental hygiene in schools wasn't what it is today.
When you look at the way our communities have been educated
about the importance of dental care, the importance of dental hygiene,
the importance of being judicious in terms of what we eat, you know,
avoiding sugar, you know, brushing after we have meals and so forth,
that is what has significantly reduced the number of cavities in our
young children today and has contributed to significantly better dental
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health overall.
(Applause.)
COMMISSIONER HILLER: Whether or not we have fluoride in
our water -- and, by the way, I do believe that there is value to fluoride,
and I do believe topical fluoride is very important and should definitely
be part of dental care for our children, but whether or not that fluoride,
the nonnatural fluoride, should be added to our public drinking water
and thereby not giving people the choice whether or not they want to
consume it since it is the public's water, that is a problem.
(Applause.)
CHAIRWOMAN FIALA: Come on. Come on. We've got to
keep on going.
COMMISSIONER HILLER: But I will --
CHAIRWOMAN FIALA: Please.
COMMISSIONER HILLER: And the last thing I will say on this
is that I do feel that it is the public's choice, and that choice should be
made at the polls, and my recommendation is that this question be put
on the November ballot and the community should decide for itself
whether or not it wants to expose itself to nonnatural fluoridated public
water. That's what I think should happen.
And I think if we let the people make the decision for themselves,
it's the people's choice.
CHAIRWOMAN FIALA: Commissioner Nance?
MS. GORMAN: May I please approach the podium here --
COMMISSIONER NANCE: Yes.
MS. GORMAN: -- and speak to you regarding the study that has
been mentioned and to the commissioners?
COMMISSIONER HILLER: Which study?
MS. GORMAN: The study, the screening.
COMMISSIONER HILLER: This one here?
MS. GORMAN: My name is Susan Gorman. I'm the program
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coordinator that is over the screening that goes into the 32 schools in
Collier County.
And I think that one thing that we need to maybe clarify is
actually when you look at all the data here is what we're mentioning is
the untreated caries. I would like you to go over -- and if you would
like a copy -- if you do not have the one here that has all the schools
listed, all the way to the right there's a column that is caries experience.
COMMISSIONER HILLER: That's the number I was relying on.
CHAIRWOMAN FIALA: What does caries even mean?
COMMISSIONER HILLER: Cavities.
MS. GORMAN: Caries is a cavity.
DR. JOHNSON: Decay, cavities. The same word.
MS. GORMAN: Caries experience is untreated plus treated
decay, meaning that is actually what -- you're getting a good overall
view of the caries incidence in that area.
One thing we have to remain and keep in mind is in Collier
County School District many of its students do not remain within one
school. They are migrant throughout our area. They go from one
school to another.
There's a large percentage of transferring from one elementary
school to another. I know that first hand because we also provide
dental sealants in the schools, and when we are there in second grade
and we come back into the third grade, we are unable to locate those
children. There's a huge percentage that are not -- no longer there.
That could actually take into account why the caries is so high in
one area. Maybe you're questioning whether that school has
fluoridated water in that area or not.
If you take Avalon Elementary, which you had mentioned,
untreated caries is 60 percent; caries experience is 80 percent. And
down here, Tommie Barfield, we have 51.6 and 88.4. Those are
almost our two highest amounts of untreated or treated decay within
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our district.
One thing we have said, both Dr. Tomar and Dr. Johnson, is that
fluoride is not the bullet that's going to cure the end-all of caries;
however, it's going to level the playing field. Caries or cavities is a
disease. It is multifactorial, meaning it takes into place many different
things: The eating habits of the family; ethnicity; transmission of the
cavity bacteria from the parent to the child. I could go on and on, and
I'm sure that you've had enough today talking about this, but one thing
that we can, as -- being educated both with evidence-based literature is
that the one thing that we can help our children of Collier County is
actually having that addition -- that small addition of fluoride in the
water. That's going to level the playing field.
I also work out in Immokalee in the WIC department, and I see
first hand from the very small children --
COMMISSIONER HENNING: Are we giving a do-over?
MS. GORMAN: I'm sorry?
COMMISSIONER HILLER: This is straying from the issue.
MS. GORMAN: Okay. I rest my --
COMMISSIONER HILLER: Because you're getting a second
opportunity to speak that no one else is.
MS. GORMAN: Okay.
(Applause.)
COMMISSIONER TAYLOR: With all due respect, this lady
seems to be not only articulate, I would say she's an expert. And what
that clinic does, the UF clinic, the pediatric clinic in the eastern part of
our county is extraordinary, and I think we need to defer --
COMMISSIONER HENNING: Commissioner Taylor, we're not
debating that.
COMMISSIONER TAYLOR: I think we need to defer to an
expert and not equate an expert with the grave and serious concerns of
thep ublic.
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CHAIRWOMAN FIALA: You had just about finished.
COMMISSIONER HILLER: And if I may.
MS. GORMAN: I'm finished.
CHAIRWOMAN FIALA: Okay, fine.
COMMISSIONER HILLER: Yeah. Can I please -- I'd like to
remark since it was my --
CHAIRWOMAN FIALA: Let's --
COMMISSIONER HILLER: Can I finish? It's my time.
CHAIRWOMAN FIALA: No, because it isn't your time. It's
now Commissioner Nance's. I'd already called on him, and then --
COMMISSIONER HILLER: But she was answering my
question.
COMMISSIONER NANCE: The information that was presented
to us regarding the third grade study is only a statement of the situation
at that moment. It's a snapshot in time only.
Anybody that knows anything about Collier County knows how
much -- how many people are new to our area, leave our area, move
within our area. I don't think you can make a really good analysis of
the impact of the use of fluoride on that because you don't know how
long those people have been residential in Collier County in those
schools and so on and so forth, and so much of it is based on what
occurs with them when they're very young children. We don't even
know if they were here then or what their situation is.
From my perspective, you know, each commissioner represents
20 percent of the population in the county. I represent District 5,
which is the easternmost part of the county. I have 20 percent of the
citizens but very nearly 30 percent of the children.
Out of the children that are in my district, which are almost 30
percent of the county -- and I think Commissioner Fiala has probably
close to 30 or maybe even a taste more than I do -- most of those
people are economically disadvantaged.
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I will tell you the analysis that will be diagnostic. If you look at
the people that have terrible oral health and the people that are
economically disadvantaged, you'll find out that it runs in a parallel,
very straight line. Those are the people that we have a responsibility
to.
I am personally sensitive to people's choice to make their own
determination, but the one thing that government is supposed to do is
the government is supposed to do things for people that they can't do
very well for themselves.
And these are the most vulnerable people amongst us, the most
vulnerable people amongst us. There are children that are going out
there, that are showing up at the University of Florida that have never
seen a dentist. They've never seen any sort of a dental product in many
cases because their economic focus is trying to figure out what it is
they're going to eat that day and, sadly, what they eat that day is not
going to be very healthy for them and certainly is not going to be very
healthy related to their oral health.
So I -- you know, I am sorry. I cannot make a decision that's
going to go against the weight of most of the science in the United
States, the Center of Disease Control, our surgeons general over a long
period of time, and studies that have been made in communities that
are stable populations over a very, very long period of time. I think
trying to analyze a migrant population is very, very difficult and to
come up with anything that's really -- that's really valid.
So, you know, I've -- I have to -- I have to go with the science. I
think the science strongly supports that the careful use of fluoride in
drinking water does have value, especially to those that are the most
vulnerable and especially to our young children. So I can't support
removing fluoride from our waters.
CHAIRWOMAN FIALA: Okay. Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. And, you know, I have a
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few friends out there that are strongly and passionately and with great
integrity against fluoride, and I can respect their position.
But I, too, have had an experience of seeing underprivileged kids
and what happens to them with decay and understand how serious a
dilemma it is. And, you know, we have such a unique county because
we welcome many -- what, 86 different languages spoken in our
schools; 86. That tells you right there, you know, we're no -- we're no
upscale community, county, slash, you know, white bread. It's not
happening.
We are a wonderful mix of ethnics and ethnicities and children
who come here with the promise of the future. And I think this is an
important health benefit, and I cannot support taking it from our water.
We've heard a lot about choice, but we all have choices. You do
not have to drink the fluoridated water. You can get the filter on your
showers. There are many options. But little children in families who
have just come here from maybe other lands, little children, they don't
have choices.
And I think my colleague to my left spoke very eloquently; their
families are more concerned about what the food is on the table and
feeding them than concern about making sure their teeth are brushed.
And that's just the way it is. That's reality. And if anybody -- I
would welcome anyone to understand what's happening with the
University of Florida pediatric dental clinic.
As a photographer, many, many years ago the Children's Health
Network realized that we didn't only have to worry about the health of
our children, we had to worry about the dental health of our children,
and they started the Ronald McDonald, and it was a van, a van that
went from school to school to see the health of the children's mouth.
They would, of course, get parental permission, but they would
have these children come out in their van and take care of
extraordinary problems; abscesses and tooth decay. And from that --
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from that incredible groundbreaking, exciting pioneer within our
county, this pediatric clinic was developed.
CHAIRWOMAN FIALA: Thank you, Commissioner Taylor.
Thank you.
Commissioner Hiller.
COMMISSIONER HILLER: Thank you.
Commissioner Nance, your concern for those in need is
compassionate and I believe is sincere. The only problem is your logic
is flawed, because the majority of your community is not on county
water. The majority of your community is on well water.
So the issue of fluoridating our county water system to benefit the
children in your community is a misguided argument, not for the
wrong reason, but merely for failing to consider that those families are
not on the county system, so --
COMMISSIONER NANCE: Well, Commissioner, they're on
Immokalee Sewer and Water, which is fluoridated water, and they
need it in the worst possible way, ma'am.
COMMISSIONER HILLER: Okay. The Estates --
COMMISSIONER NANCE: The Estates is not.
COMMISSIONER HILLER: The Estates is not. That's the
majority of your population. Immokalee is a very small population,
very small population.
So the issue is the majority of the children in your district are on
well water which is not county fluoridated water. So to make the
argument that we should be fluoridating the county water system to
benefit the children that are on well water doesn't flow.
(Applause.)
CHAIRWOMAN FIALA: Thank you.
COMMISSIONER HILLER: And the story -- and let me just
make the statement that this notion that they go to the schools and
therefore they will drink water from the fountain and that water has to
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be fluoridated -- my children both went through the public school
system -- no, the kids at school are not hanging out at the water
fountain and drinking that water to the degree that it would make the
difference that you're presuming it would make. I don't agree with
that. I'm sorry. And that is just a false presumption.
CHAIRWOMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, we don't have a say-so in
Immokalee water/sewer district nor do we do the Golden Gate system,
Florida Government Utilities. The only one that we have control is
Collier County water and sewer district which doesn't have -- very
little in District 5, however, it will have more when we take over the
Orange Tree Utility.
COMMISSIONER NANCE: If we all live long enough to have
that happen, sir, that will be true.
COMMISSIONER HENNING: That would be after my term,
I'm sure.
But, anyways, there's a majority that wants to keep it, Madam
Chair. It sounds like there's a majority that wants to keep the fluoride
in the water, so to move this along, there needs to be a motion made so
we can move on to the next item.
CHAIRWOMAN FIALA: Would you like to -- I was going to
speak, but if somebody would like to make a motion.
COMMISSIONER HILLER: I'd like to make a motion.
CHAIRWOMAN FIALA: No, I --
COMMISSIONER HILLER: And I'd like to make a motion --
CHAIRWOMAN FIALA: I would like -- okay.
COMMISSIONER HILLER: -- that we put this question on the
November ballot and let the community decide whether or not they
want it in the public system. I don't think this is something that we
should be deciding on behalf of the community. We do have the legal
right to make the decision, but since it is very clear that we have a
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divided community and that there are a lot of people who are for it and
there are a lot of people against it, let the voters decide.
(Applause.)
COMMISSIONER HILLER: Let's put it on the ballot. Put it on
the November ballot, and then let both -- let both advocates for both
positions educate the community and let the community make the
decision.
CHAIRWOMAN FIALA: Is there a second on that motion?
(No response.)
CHAIRWOMAN FIALA: Okay. The motion fails for lack of a
second.
Now I just want to weigh in on this as well. I've been patient
because that's my job as the chairman, to be patient and preside.
COMMISSIONER TAYLOR: And you've done that very well.
CHAIRWOMAN FIALA: Thank you. I have -- I have a huge
majority of children in my community as well. I have six elementary
schools, two middle schools, and a high school. Most of the kids in
my area come from other countries. They come here because their
parents want to give them a better life, but before their teeth were
formed, as they were forming, they lived in another country. They just
did not have the benefit of our waters down here.
Yes, the schools in some cases have pretty high rating, but that's
because their teeth started forming before they ever got here.
As you know, from things that you've read in the paper, the
schools have to send food home with our kids for the weekends
because they don't have enough money to buy food for themselves.
And if they don't have money to buy food, folks, they're probably not
going out and buying toothbrushes and toothpaste either. So we've got
a big deal.
I would have to say that that's probably true with your district and
part of Commissioner Henning's district as well. There is -- this is just
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the way it is.
I want to do everything I can to safeguard our children's teeth, our
children's health. And when my doctor, when my dentist, when my
health community tells me this is good for them, I'm not going to fight
that at all.
So I will make a motion to approve keeping the fluoride in our
water.
COMMISSIONER NANCE: I will second it.
CHAIRWOMAN FIALA: Okay. I have a motion and a second.
Any further comment?
(No response.)
CHAIRWOMAN FIALA: All those in favor, signify by saying
aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: (No verbal response.)
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: That is a 3-2. Thank you.
COMMISSIONER HILLER: Actually, it's not. It's a 4-1. It's a
4-1. I'm going to leave it.
COMMISSIONER NANCE: You're voting to leave it?
COMMISSIONER HILLER: Uh-huh.
CHAIRWOMAN FIALA: Oh, okay. It's a 4-1. That means she
can reconsider.
COMMISSIONER HILLER: And the reason -- and the reason
I'm leaving it the way it is is because I feel this needs to go on the
ballot, and the citizens need to decide, and I think we should maintain
the status quo until the citizens have an opportunity to voice their
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position on this.
I don't think that this is a decision that this board should be
making. I think the community should have its own internal debate on
it and make the decision for itself.
(Applause.)
COMMISSIONER TAYLOR: And just to speak in opposition to
that position, I think the buck stops here. I think we have a
responsibility to those who do not have a voice, to those who are just
moving into this community, to make the decision, and certainly be
responsible and have that been (sic) accountable at the polls or at the
voters (sic).
So I do not believe that we should pass this off and make
grandstand, let's send it to the people. The buck stops here. We've got
the responsibility.
(Applause.)
MR. OCHS: Madam Chair?
CHAIRWOMAN FIALA: Thank you all for being here today. I
appreciate all of you being here.
Yes, sir?
MR. OCHS: It might be an appropriate time for a brief court
reporter break.
COMMISSIONER HENNING: Where's the brownies at?
MR. OCHS: Till three o'clock, ma'am?
CHAIRWOMAN FIALA: That will be good.
MR. OCHS: Thank you.
(A brief recess was had.)
MR. OCHS: You have a live mike, ma'am.
CHAIRWOMAN FIALA: Thank you very much.
Item #7
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PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: We're on Item 7, public comment on general topics
not on the current or future agenda.
MR. MILLER: Madam Chair, we had one registered speaker.
She informed me she did have to leave.
CHAIRWOMAN FIALA: Okay. Very good.
Item #9A
ORDINANCE 2016-14; AN ORDINANCE AMENDING
ORDINANCE NO. 2006-57 TO ADD A NEW SECTION
ALLOWING FOR THE USE OF GOLF CARTS UPON
DESIGNATED ROADS IN THE AVE MARIA STEWARDSHIP
COMMUNITY DISTRICT (THE "DISTRICT") — ADOPTED
MR. OCHS: That takes us to Item 9A, which was previously
Item 17D on your summary agenda. This is a recommendation to
approve an ordinance to add a new section allowing for the use of golf
carts upon designated roadways in the Ave Maria stewardship
community district. And it was brought forward by Commissioner
Taylor.
COMMISSIONER TAYLOR: Yes, and thank you very much.
And I brought it forward because there seems to be a concern whether
we even have jurisdiction.
I am concerned about this from experience in my neighborhood,
and I'm not sure sidewalks is an appropriate place to put golf carts.
I believe that golf carts can be used as vehicles. I don't think
children should be driving them. I can't help what the state is saying;
you know, unlicensed drivers in golf carts kind of scares me. That
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means my six-year-old granddaughter could probably drive a golf cart,
and I don't think that's the intention of it.
But, more importantly, why would you put golf carts on
sidewalks?
MR. KHAWAJA: Good afternoon. My name is Anthony
Khawaja. I'm the chief traffic engineer for the county.
The portion of the sidewalks that will be accommodating
sidewalks (sic) are 12-foot-wide paths. They are wide enough to
accommodate both bicycles, pets, and golf carts.
In the middle of town, they are on the roadway, and they are
allowed to get onto the roadway, and they would be driving on the
roadway system.
COMMISSIONER TAYLOR: No. I understand the plan of it.
It's just, are golf carts considered -- because they're motorized and have
four wheels, are they considered vehicles? Because I know that
bicycles are considered vehicles.
MR. KHAWAJA: They could be considered vehicles once they
are on the roadway system. The thing is, in the Florida Statute, they
are set as golf carts and not low-speed vehicles, which are post stop
(sic) golf carts. So they still have to follow the law.
What they proposed in the Ave Maria area, that the driver has to
have a license or a permit to drive. So, you know, you shouldn't be
concerned about a young child driving them.
COMMISSIONER TAYLOR: But there's some part of it that
talks about unlicensed drivers.
MR. KHAWAJA: Unlicensed is a driver -- how it was described,
Jeff-- maybe Jeff, you want to take --
MR. KLATZKOW: I would like to hear the applicant.
MR. KHAWAJA: Okay. We have Lisa (sic).
MS. WILLSON: Good afternoon, Commissioners. My name's
Alyssa Willson. I'm with the law firm of Hopping, Green & Sams.
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We represent the Ave Maria stewardship community district.
The only reason "unlicensed driver" is a definition in the
ordinance -- and I'm going to try to stay fairly high level and avoid
getting into the weeds.
But the statutory framework in 316.212, Florida Statutes, allows
-- allows a municipality or a county to designate road -- public roads
for golf cart use. Any other operation of golf cart use on public roads,
unless it's been designated, is not allowable by Florida Statutes.
Later on in the statute -- and then the statute describes certain
things that the golf carts have to be, you know, like their speed
restrictions, there's a definition. They have to have a windshield, a
certain number of other requirements.
And then in Section, I believe it's, 8, it says that the municipality
or county can adopt an ordinance that has more restrictions than those
already in the statute, but those can only apply to unlicensed drivers.
So that's the reason that there's the definition of unlicensed driver in the
ordinance.
And so the ordinance allows people with a learner's -- a restricted
learner's permit or a driver's license to operate golf carts. The people
that have a driver's license you only regulate pursuant to those
parameters laid out in Florida Statutes. Then the ordinance puts
additional requirements like insurance requirements and those things
on the unlicensed drivers. So, therefore, the unlicensed driver is only
someone who has a restricted learner's permit. So the unlicensed
driver is 15 years or older.
COMMISSIONER TAYLOR: Okay. Thank you for that.
MS. WILLSON: Oh, you're welcome. Please proceed.
CHAIRWOMAN FIALA: Commissioner Henning?
COMMISSIONER TAYLOR: May I just -- I just have a
question to ask. Why can't these golf carts go on -- why can't you
create a pathway through your extensive golf courses there? I'm not
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suggesting they -- I'm not suggesting they -- you know, they go across
the fairway or whatever those areas are called. I'm not a golfer. But
why would you not use all the extensive green space and create
pathways there for golf carts to use?
MS. WILLSON: Well, just to give you a little bit of the lay of the
land. And if it gets more technical, I have Dave Gensen with -- the
registered agent of the district and with Barron Collier Companies, and
Norman Trebilcock, the traffic engineer.
But basically what the issue is is that the Ave Maria community,
hundred of residents are currently using golf carts to -- I don't know if
you've been out to Ave Maria but, you know, there's the town center
core, there's the different neighborhoods. It's actively marketed as an
environment for people to use the golf carts throughout the
community.
So I don't think that it would be sufficient -- I don't think that
people would be able to -- that's not a realistic way for people to travel
around the community.
And my law firm hasn't been with the district since its
establishment, so I'm not sure what advice was previously given to the
district, but it came to our attention. So basically the district is
existing, and people are using these golf carts, and we're really just
trying to get them using them in conformance with Florida Statutes.
COMMISSIONER TAYLOR: And why not the road? Why can't
they use the road?
MS. WILLSON: Well, it -- for probably 90 percent of it is --
we're using the road, and it's just -- go ahead.
MR. TREBILCOCK: Yeah. Good afternoon. For the record, my
name is Norman Trebilcock with Trebilcock Consulting Solutions,
engineer and certified planner as well.
My firm did the traffic study for the project. And the main reason
-- what we did -- in doing the study, one of the things we did is we
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looked at all the roads within the community, and we did what we call
a speed study to look at what are the speeds of the cars? What's the
speed of the cars on the roadways?
And so what you don't want to do, necessarily, is have a big
differential in speed. Your golf carts are going 20 miles per hour, is
the speed of your golf cart on a roadway. And some of the roads in the
district are posted at 45 miles per hour.
So it would be recognized that having that differential in speed of
25 miles per hour really isn't the most desirable or safe condition.
A key thing to understand is, you know, Ave Maria is in its
infancy, you know. You're about at 10 percent buildout of this
community and so, really, what we're trying to do with this, having the
golf cart study, doing it, is to really plan ahead and look in the future to
see what's going to work out the best for the community.
Because we've got these speeds, some, you know, collector-type
roadways that are kind of high-speed avenues, and you really -- the
desire isn't to have a golf cart and the cars mix together there.
The recognized rule and the proposal in here is when a golf cart is
going to use a pathway, its speed limit will be 15 miles per hour and,
by state statute, the minimum width of a sidewalk for use of golf carts
is eight foot in width.
And so -- and what we're looking to designate here in the
community is any golf cart that is on a sidewalk would be -- it would
be a one-way path. It would basically follow the same travel lane. If
you're on the right-hand side, that golf cart would go in that same
direction. So it would be singular direction of travel. Where we have
a 12-foot path is where it could allow dual direction of the golf carts as
well.
So this community, fortunately, is well planned out with wider
sidewalks and pathways that make this possible. We want to minimize
the amount of use of golf carts on sidewalks, but we really have to look
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at the speed of the roadways, and that's what we looked at is basically
anything above 30 miles per hour would be recommended to not have
the golf carts on that same roadway and to have them on these separate
pathways and to make sure that the paths are of a minimum width to
accommodate them.
So that's the main concern and really what we focused on in the
study as well and what we've designated and recommend to you-all.
COMMISSIONER TAYLOR: Okay. So who's going to enforce
this?
MR. TREBILCOCK: Who's going to enforce? Well, there's a
number of things that are recommended is -- one is we're going to
create a more detailed signing and marking plan for the project to
make it as clear as possible. The other element is the community will
create a handbook of education for the residents as well, also to have
folks register the golf carts, too.
And then this will then allow the Sheriffs Department to help,
because they're out there on site. And right now it's a bit of they don't
really have something they can stand by right now, and they're really --
they're kind of anxious to have something to be able to enforce, quite
frankly, themselves. And so this would allow that to occur.
So things could be enforced in terms of not having the golf carts
because right now, again, there really are, essentially, no limitations or
rules, per se. They're just being used out there. And that's really, you
know, the key thing that I think folks from the county saw that we need
to really kind of get a handle on and establish appropriate rules and
limits on what we need to do, especially when the community builds
out.
You know, we're going from 1,100 homes to 11,000 at buildout,
and we really need to address it.
I mean, I've -- we looked at other communities when we were
doing this. Ourselves and staff went up to Sun City and looked at how
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they're implementing up there and the rules and got a lot of good
guidance from them. I've also looked at, you know, Flagler Beach as
well. The Villages has this as well. Even Ocean Reef, I'm familiar
with, since 1980, you know, and I saw how that community has grown
up. And I was just there recently, and I see how differently it is now
than it was way back then.
So I see a real opportunity for us to catch up with this and really
get a handle on it. And I feel the plan that's being proposed makes
sense for the community in the long run as well.
MR. KLATZKOW: Commissioner, to answer your question, the
ordinance is structured with the statutes so it would be a traffic
violation that could be enforced by the sheriff.
COMMISSIONER TAYLOR: Sheriff. But I guess my question
is, you know, if we're taking golf carts off of roads and putting them on
sidewalks and stuff happens on sidewalks -- I mean, I know that that
can be enforced. It's just do you not need extra personnel to enforce?
I'm really okay with golf carts. I think it's a wonderful way of
transportation, especially Ave Maria.
MR. TREBILCOCK: Yes.
COMMISSIONER TAYLOR: It's beautiful.
MR. TREBILCOCK: Yes.
COMMISSIONER TAYLOR: So I don't have a problem. It's
just taking them and -- taking them off the roads and putting them on
the sidewalks instead of saying, well, you know, maybe there's --
maybe there's places golf carts can't go where it's 45 miles an hour.
But when it's 35 miles an hour, we'll just lower the speed limit. And
then everybody -- you know, within five miles an hour, everybody can
coexist. I mean, isn't that what Ave Maria's about? It's changing a
lifestyle.
MR. TREBILCOCK: To a certain extent you're right; however,
the reality is this. As we -- in just setting a speed limit out there and
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throwing a sign out, you're not necessarily going to get compliance.
And so the key thing is folks really do drive to the conditions of
the road that they see, so that's what we're really being cognizant of in
the design here that -- like, for instance -- and that's a good point you
make. Like, John Paul, II, which is a road coming off of Camp Keais,
that has a 30-mile-per hour posting, yet cars were going much faster
than that. And that's one where we did recommend not (sic) vehicles
being on the roadway for that very reason, because we're seeing the
real operating speed is more like 40 miles per hour.
And so due to a caution and concern with safety -- and that was a
key thing from staff why we did this speed study, is to look at the
actual travel speeds of the cars on these roads versus the golf carts and
realize that, listen, we need to segregate those folks in those cases.
And then you're really getting into the weeds in terms of, like you're
saying, with the sidewalks to designate -- you know, I've seen the areas
where they put, you know, little lane areas and stuff so that you know
where the golf carts need to go versus the peds and things like that. I
mean, it's an important issue; you're right.
But there is fortunate things with this community that does have
the wider sidewalks and pathways that can make this more feasible
than other areas.
CHAIRWOMAN FIALA: Maybe I can jump in just a second.
Like in Goodland, they -- everybody drives their golf carts anyway.
Of course, it's a very small community, but they needed to have some
rules to go by because they felt that there wasn't anything -- any strict
guidelines, like lights on the vehicles if they're going to drive at night
and the licensed drivers and so forth.
And it really helped. When we got that in place, it really helped
the Goodlanders to -- because everybody drives in a golf cart there.
They don't drive around. And so I think it's a good move, and I'm glad
that you're for it.
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COMMISSIONER TAYLOR: Yeah. Thank you.
CHAIRWOMAN FIALA: Commissioner Henning?
COMMISSIONER NANCE: Henning.
COMMISSIONER HENNING: I'll pass.
CHAIRWOMAN FIALA: Pardon me?
COMMISSIONER HENNING: I will pass.
CHAIRWOMAN FIALA: Oh. Commissioner Nance?
COMMISSIONER NANCE: Yes.
You know, when you go to Ave Maria, I will tell you, regardless
of where we are at the time, golf carts have been in general use out
there successfully for a very long time.
Now, I can tell you that they're not universally endorsed. There's
a few people that don't particularly care for them. But I will tell you,
based on the communique I've had on this item, the grand majority of
them have used them successfully and enjoy them. You know, the
university atmosphere, they use them in between different buildings on
the university. They use them on the hardscapes there.
People are respectful at Ave Maria. I don't think they have any
real conflict out there. You've got bike people. You've got ped people.
You've got golf course people. It's a -- you know, it's a small
developing community. It's -- I think it's developed. It's just kind of a
natural for them to do it.
You know, do they use it on the Del Webb golf course? Of
course. But, I mean, you know, they go to see their neighbors. I can't
say that people are going from their homes to downtown Ave Maria in
a golf cart. I don't see that, but I know they visit their neighbors. They
go for a ride. They go on the wide pathways. And, frankly, I think
they've got the best pathways in the whole county. I wish some of the
other areas had nice wide pathways like that. They're perfectly
compatible between multiple uses at the same time.
So I'm -- you know, I'm in favor of letting the community go
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ahead and work on it and work it out. I think across the state, Mr.
Trebilcock, you know, named off a half a dozen of them that you can
-- that you know are actively doing it.
Mr. Klatzkow seems to be comfortable. We're indemnified. You
know, the county's indemnified in this -- in the way so they're free to
go ahead and develop it without any liability to the county. I feel
perfectly safe with what they're doing, so I'm going to make a motion
to approve.
COMMISSIONER HENNING: Second.
CHAIRWOMAN FIALA: And a second from Commissioner
Henning.
Do we have a speaker on this?
MR. MILLER: Yeah. Well, I had Alyssa Willson registered,
who spoke. And did you want to speak some more, Ms. Willson?
MS. WILLSON: No. I'm just here for questions.
CHAIRWOMAN FIALA: I have Commissioner Hiller here.
MR. MITCHELL: I also have -- I also have John McCann
registered to speak.
CHAIRWOMAN FIALA: Well, right after -- oh, do you mind if
he speaks?
COMMISSIONER HILLER: I absolutely have no problem
because all I was going to do was make a motion to approve so, I
mean, if-- that was it.
CHAIRWOMAN FIALA: Okay.
COMMISSIONER HILLER: So thank you.
CHAIRWOMAN FIALA: Go ahead, Mr. McCann.
MR. McCANN: Well, even though I'm swimming upstream, I'll
go ahead anyway.
There's a fair amount of misinformation abroad in the land,
including some this afternoon. A, I don't think you should run your
policies around the fact that people speed when they shouldn't speed,
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and that's a constant theme of this. People speed, and so you can't have
golf carts on the road.
B, the road we're talking about here is not 45 miles an hour. It's
35 miles an hour.
C, I've timed that road. And the stretch of road that's in question
where this 12-foot sidewalks exists, if you drive that at 25 miles an
hour and then drive it at 35 miles an hour, you've saved yourself
exactly 28 seconds. I don't really think that's the kind of result that
should obtain (sic) here.
Now, as to -- I've sent you all a memo on jurisdiction. There are
no public roads in Ave Maria. They're all owned by the district. The
public only has the right to use them because the district lets them use
it. They close them whenever they want to. They close them for
processions, for public events, for barbecues, you name it, and nobody
has a right to use those roads when the district closes them. So to say
they're public is just plain false.
And the only way that this has been accomplished is by Mr.
Trebilcock making up his own definition of a public road, which is not
in the statute. Another definition that he's fond of using is the county
road system, as though that somehow has a meaning. That is a defined
term in the transportation code. The transportation code, by terms,
says it's designed to set up a coordinated road system throughout the
state, not to regulate traffic.
That's regulated in 316, which specifically says it's to regulate
traffic and has an interesting phrase at the end of the preamble. It says
that no municipality can do anything contrary to the statute. That's
exactly what you're doing. You are taking a nonpublic road and trying
to exercise the power you have over public roads. It just doesn't work.
Assuming that you could do that, the statute also says, to put
sidewalks -- golf carts on a sidewalk, you have to have a study
showing it's safe. There is nothing in the Trebilcock report dealing
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with that subject. There's a reason for that; because it's not safe.
I've sent you pictures of the kind of people who use the sidewalk
now. And for him blindly to say that at some future day we can
outline paths for the golf carts to use is just nuts. There's no room for
paths. There are carriages and bicycles and kids on skateboards.
They're all over the place. So this is not doing anything for public
safety. God knows what it's doing, but that's not what's happening.
And if you do this -- I congratulate the County Attorney for
getting an indemnity agreement. I think there's a reason he got it,
because he expects you're going to be sued. This is a totally invalid
exercise; has no public safety aspect to it.
Right now the golf carts safely use the roads. You're asking them
to unsafely use the sidewalks. Bad decision.
CHAIRWOMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yeah. Mr. Klatzkow, does the
CDD have authority to allow -- if these, indeed, are private roads, can
the CDD just make a provision to use them on the roads; is that
reasonable or --
MR. KLATZKOW: These are public roads. They're not private
roads.
COMMISSIONER NANCE: Oh, okay. All right.
MR. KLATZKOW: They're not county roads, okay. The county
doesn't own them.
COMMISSIONER HILLER: They're district roads.
MR. KLATZKOW: They're district roads, but they're public
roads.
CHAIRWOMAN FIALA: Okay.
COMMISSIONER NANCE: Okay.
MR. KLATZKOW: There is a legal -- a technical legal argument
to be made, the way the statutes are constructed, that these particular
roads don't fall within the definitions, which is why I got the
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indemnity.
COMMISSIONER NANCE: Okay, okay. Thank you.
CHAIRWOMAN FIALA: Okay. So I have a motion on the floor
and a second. Any further conversations?
(No response.)
CHAIRWOMAN FIALA: And there are no other speakers. All
in favor, signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: And opposed, like sign.
COMMISSIONER TAYLOR: I'm opposed, and I am concerned
about public safety. I don't think this is the appropriate place for -- I
don't care how wide the sidewalk is. Anyone who's seen children on
skateboards, and they have to ride on sidewalks, know that golf carts
don't mix with pedestrians. So I just -- I just don't see it.
CHAIRWOMAN FIALA: So that is a 4-1 vote. Thank you.
Item #13A
TO PROVIDE TO THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT'S INTERNAL AUDIT
REPORT 2016-01, AUTHORIZED USE OF MOTOR FUEL
TAXES ISSUED ON APRIL 6, 2016 — APPROVED
MR. OCHS: Madam Chair, that takes us to Item 13A, which was
previously 16J1 on your agenda. This is an internal audit report by the
Clerk of the Circuit Court regarding the motor fuel taxes. This was
moved onto the regular agenda at Commissioner Hiller's request.
COMMISSIONER HILLER: Commissioner Fiala, may I
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comment?
CHAIRWOMAN FIALA: Sure.
COMMISSIONER HILLER: The reason I moved this audit to
the general agenda is because it's not an audit; it's not an internal audit.
In effect, what happened was, as I understand and -- is Mark Isackson
here? Mark?
MR. ISACKSON: I'm hiding in the back.
COMMISSIONER HILLER: Mark, you want to come forward.
I just -- I'm going to make a few statements, and I just want to confirm
my understanding is correct.
MR. ISACKSON: Sure.
COMMISSIONER HILLER: Thank you.
My understanding is that this summary goes to how the budget
was established for expenses out of several line items, or a line item,
that include motor fuel tax revenue in that staff and the Clerk's Office
for several years have both been in mutual agreement and full
awareness on both sides that the budget was set as it was and that there
was no attempt to amend the budget to separate these fuel tax revenues
out and the related expenditures separately.
So this audit seems to suggest that there were -- there was about
$20 million in expenditures that were improperly made with fuel --
with these fuel tax revenues when, in fact, what we're really talking
about is two issues: The first is that this issue could have been readily
adjusted by a budgetary line item amendment and that, secondly, if, in
fact, this was wrong, the Clerk failed in his preaudit because part of the
preaudit test which goes to the legality of expenditures is making sure
that the expense is being paid out of the appropriate budget line item
and that that budget line item is not being overspent.
So, quite frankly, it astounds me that this report exists because it
does nothing but show the failure of the Clerk to have properly
pre-audited these expenses if, in fact, they were being improperly spent
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out of those budget line items. And that still remains a question in my
mind as to whether that's even an issue.
Of the 20 million, 15 million was debt service related to these --
you know, that was basically encumbered by these fuel tax revenues,
so that's a nonissue. So what we're really talking about is the spending
of$5 million, which is obviously significantly less than 20 million.
The bottom line is I don't understand why this is even an audit --
MR. ISACKSON: Is that a question?
COMMISSIONER HILLER: -- based on what I just said. No,
it's a statement, and that's why I pulled it, because it attempts to
wrongly and unfairly characterize what has, in fact, happened and what
the solution should have been as opposed to how it's been presented.
So I'm very disturbed by it, and that's why I pulled it, because I
think that statement had to be made on the record.
COMMISSIONER HENNING: Move to approve.
MS. KINZEL: Commissioner Fiala?
CHAIRWOMAN FIALA: Second.
MS. KINZEL: This was actually a good-news item, cleanup
item. The Clerk's Office worked with the budget office, finance.
Audits take different forms. This was no way an inappropriate
audit, and I just wanted to put that on the record. It was actually
something that we worked collaboratively with the departments and
have taken some corrective action. So it's good news.
COMMISSIONER HILLER: There was -- it's not good news.
It's not good news because it's characterized as an improper payment
out of a budget line item, and if it is good news, it could have been
corrected merely by a line item adjustment without the need for
wasting time on an audit. You were fully aware of this for several
years, and it had been accounted for in this fashion.
So, again, there's -- there's no good news in this. It's a waste of
time and money. So, like I said, you know, let's call the question.
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CHAIRWOMAN FIALA: We have a motion on the floor and a
second. Any further comments?
(No response.)
CHAIRWOMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Okay. That's a 5-0.
Item #13B
TO PROVIDE TO THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT'S INTERNAL AUDIT
REPORT 2016-2, 2015 FISCAL YEAR-END INVENTORY OF
EMS HELICOPTER OPERATIONS PARTS, ISSUED ON MAY 4,
2016 — APPROVED
MR. OCHS: Item 13B was previously Item 16J2 on the consent
agenda. This is an internal audit report from the Clerk of the Circuit
Court regarding the 2015 Fiscal Year-End Inventory of the EMS
Helicopter Operations Parts.
Commissioner Hiller had moved this item for discussion to the
regular agenda.
COMMISSIONER HILLER: Again, I moved this because it's
problematic as an audit.
The first issue is that the identification of the failure to report
some inventory was announced by staff. This wasn't uncovered as part
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of an audit. This was staff recognizing that part of its inventory was
not being accounted for and then disclosing that discovery.
So to find fault with failure to disclose is inappropriate given that
staff appropriately recognized that this separate parts inventory should
have been reported and had not been for years.
The second criticism was that the inventory was not accounted for
at the proper cost, that it wasn't accounted for at acquisition cost but
rather was accounted for using a different methodology. That had been
going on for years.
You know, again, this discovery is so late. You know, why are we
learning of these kind of issues now at this time?
MS. KINZEL: Commissioner Fiala, I can respond to that?
COMMISSIONER HILLER: Can I have Mr. Chief Kopka --
MS. KINZEL: I think this is a Clerk's agenda item,
Commissioner, so I'd appreciate --
COMMISSIONER HILLER: Oh, no. I pulled it, though, and I'm
addressing it under executive --
MS. KINZEL: But it's the Clerk's item.
COMMISSIONER HILLER: Yeah. But I'm addressing it from
the perspective of the Board.
MS. KINZEL: Okay. Go ahead.
COMMISSIONER HILLER: Chief Kopka.
CHIEF KOPKA: Yes, ma'am. For the record, Chief Kopka from
EMS.
COMMISSIONER HILLER: Thank you.
Can you -- can you explain what happened. I want to confirm
that my understanding is correct.
CHIEF KOPKA: That is correct. This inventory had not been
reported to the Clerk for as long as I've been chief, if not longer, but
there has been an inventory of the parts and a record of the parts.
There have been controls in place for these parts with an accounting of
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them, but it had not been reported to the Clerk, that's correct.
COMMISSIONER HILLER: And then you recognized that it
should have been reported, and then you advised the Clerk that that
inventory was there and should be accounted for.
MR. KOPKA: Correct, correct.
COMMISSIONER HILLER: And then as a result of your
recognition of the correction, it turns into an audit?
MR. KOPKA: Correct. Staff was asked if we had or there was
an inventory of the parts. Staff did report that to the Clerk, and then
came the audit, correct.
COMMISSIONER HILLER: Again, to what end? I mean, you
recognized, you admitted, it was corrected, and then it becomes an
audit to find fault? It makes no sense.
MS. KINZEL: And, Commissioner Fiala, could I respond to
that?
CHAIRWOMAN FIALA: Sure.
MS. KINZEL: We worked -- again, this -- we worked very
closely with Chief Kopka.
Commissioner Hiller is incorrect. Our staff-- the inventory of
facilities was discovered by one of our ex-internal auditors. She
reported the facilities audit. I then said, well, we better start asking if
there are other audits that have not been reported to us.
Our staff contacted helicopter parts to follow up on the year-end
audit reporting. We request from the department every single year for
administrators to fill out a rather large report to our office so we can
collect information for financial reporting.
We worked very closely with the chief. This is -- again, it is not a
very negative "beat you up." It is simply a report of something that we
discovered and it will be -- it needed to be corrected.
They've taken corrective action. We worked with the department.
That's how most internal audits work. They are not negative nor are
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they intended to be adversarial at all. But that is how the issue was
discovered.
And, again, we worked very closely with the chief, and there
were no audit problems.
CHAIRWOMAN FIALA: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I think there was a small
administrative problem that was identified. I think everybody worked
to fix it. I think it's been fixed. I congratulate everybody working
together, and I make a motion to approve.
COMMISSIONER HILLER: Second.
COMMISSIONER TAYLOR: Second.
COMMISSIONER HENNING: Second.
CHAIRWOMAN FIALA: Okay. I've got two -- three seconds.
Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
CHAIRWOMAN FIALA: Okay. That's a 5-0. Thank you very
much.
Item #13C
REPORT TO THE BOARD OF COUNTY COMMISSIONERS
(BCC) REGARDING THE STATUS OF PAYMENTS TO
PARADISE ADVERTISING AND MARKETING, INC.
PURSUANT TO BCC REQUEST OF APRIL 26, 2016 —
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May 10, 2016
DISCUSSED
MR. OCHS: Item 13C was previously 16J5. This is a report to
the Board regarding the status of payments to Paradise Advertising and
Marketing.
This item was moved at Commissioner Hiller's request.
COMMISSIONER HILLER: Can we have a status report?
MR. DURHAM: Yes, ma'am. Tim -- I'm sorry.
MR. OCHS: This is the Clerk's item.
MR. DURHAM: Oh. Yes, sir.
COMMISSIONER HILLER: And I pulled it because I wanted
the status report on the record.
MR. OCHS: Well --
MS. KINZEL: Thank you, Commissioner Hiller, for pulling the
item, I guess.
The executive summary, I think, was fairly self-explanatory or
intended to be, but we have identified at -- last Wednesday we
identified about $134,000 after we received additional documentation
from Paradise that could be processed.
Since last Wednesday, we have about another 25-, 26,000 that
will also be processed based on the backup that we've received. There
remains another, I guess, probably 300- that we're working with the
vendor very closely to resolve.
As of last Thursday, they submitted additional supporting backup
documentation, which we are reviewing, and that's the status.
CHAIRWOMAN FIALA: May I ask, being those two different
things from Tuesday and Wednesday, or Wednesday and Thursday,
have you started to cut those checks, or when will you be mailing
those?
MS. KINZEL: I believe the majority of the 134- was going
today; is that correct? Right. Staff is saying today.
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CHAIRWOMAN FIALA: Thank you.
Yes, Commissioner Hiller.
COMMISSIONER HILLER: Can staff report what the
outstanding balance is and what documentation was requested for the
134,000 that resulted in the payment and how that compares to
previous payments and nonpayments?
MR. DURHAM: Yes, ma'am. Tim Durham with the County
Manager's Office.
I have kind of a brief presentation, if I may. Everything that
Crystal stated was, in fact, correct. We show an outstanding balance of
$343,129.84. That's 47 invoices. That's all invoices that are long
overdue, some as long as 159 days beyond submittal.
There's basically -- I'm sorry. There's basically three general
categories of payment that Paradise Advertising submits and services
that they provide. One is an agency fee that's a monthly fee. That's
paid pretty much on a regular basis.
They do media work where the money passes through to them to
pay ad agencies to run ads about Collier County in different locations.
That pretty much gets paid.
The issue is with the production work, and that's where some of
these invoices have been held up for months.
We talk about the Prompt Statement Act, and we talk about that if
an invoice is improper there's a 10-day window to notify the vendor
that there's something
wrong with their invoice submittal or request for
payment.
When you go into the SAP/Dolphin database, it's a workflow
database. That's how all our invoices are processed. It's not unlike
SIRE in some regards, and any work that's done within the database is
recorded as apart of history,ry, comments are made, communication goes
back and forth between county staff and Clerk's finance.
And one of the things with some of the unpaid invoices, the one
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you're looking at here, Invoice No. 5533, is an unpaid invoice. You
can see the top row. That's the county staff member, Tina Moon.
She's out of Jack Wert's shop. She's a physical tech there. She
submitted the invoice on December 3, 2015. Within about an hour,
Clerk's staff that takes an initial look at this particular item, approved
it, approved it on a lump sum basis, and it was initially approved for
further processing and payment.
The next day, clerk supervisor raises concerns about this
particular invoice. There's no communication with county staff at this
point, and then two full months go by. February 2nd, clerk staff
notifies their lower level clerk that you need to send this back to the
department for payment. This is 61 days after the submittal.
It's 74 days from the original submittal. We're talking two months
and two weeks. You have clerk's staff going back to county staff
saying, hey, we have a problem with that invoice. You need to go
back and provide additional documentation.
And then we see on February 23rd, in the bottom entry, that's
clerk staff responding to the latest from the Clerk. And, again, a
hundred and fifty -- as of today, 159 days have transpired from when
this was originally submitted.
This is not an outlier. This is just one sample of many that are in
there. I've only included a couple because I know you don't want to
spend a lot of time going over this, but this is another example. You
have an invoice. This one was paid, by the way, just within the last 48
hours.
But this invoice was originally submitted December 3rd by
county staff, reviewed by the Clerk's Office on February 15, again, two
and a half months after the submittal, and then you see county response
there at the bottom.
So one of the things I did, I did a bunch of research on the
expectations in other clerk offices around the county and how they
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process these sort of things. And you've heard a lot about Okaloosa
County. This is the excerpt from the policy from the Okaloosa County
Clerk of Courts. Policy No. 3101, this is post Auditor General audit.
It talks about complying with the 10-day limitation. And if you look at
the bottom paragraph, it says, the goal for the accounts payable section
is to pay all invoices by their due date, discount date if applicable, or
within 30 days from the invoice date, and that doesn't seem to be an --
uncommon expectations in other counties. Nobody has the problems
we have here, trust me.
COMMISSIONER HENNING: Trust me?
MR. DURHAM: From the research. You don't have to, sir.
COMMISSIONER TAYLOR: Trust me. Was that part of-- oh.
MR. WERT: For the record, Jack Wert, your tourism director.
And just a couple more slides that I'd like to just share with you.
Kind of the timeline of the lump sum process that we have been using
for some time. Back in August of 2014, we had a meeting with the
Clerk's staff regarding the proposed contract language. That's when
we were putting the Paradise Advertising contract together. We
wanted their input.
We have tried to do that in as many cases as we can so that we get
all of the language correct and acceptable to the Clerk's staff so that
they can audit against that contract with future invoices.
In September, then, the County Commission approved that
advertising and marketing contract with a lump sum time and material
language included, and I'd like to, if I could --just for a moment, Leo,
if we could show this. This is the Exhibit C to that contract that the
Board approved, and it is, as you can read there, very specific as to
what the quoting process is if-- if we choose the -- either the time and
materials or the lump sum option.
In the case of the lump sum option, you can see that the process is
to provide an estimate, and that is signed off by the tourism
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department, me, in each case, and that process actually includes getting
a detailed version of that estimate. So you can see exactly what the
time will be involved. Those are the estimates that Crystal mentioned a
few minutes ago that we provided through the agency to finance to see
how each of these jobs is structured.
What's on that detailed estimate is how many hours the
copywriter's going to take, how many hours the art director might take
to create an ad, for instance. If it's something that also relies on some
contractors, such as printing something or a photographer, more detail
is added on that estimate as well.
We then approve a lump sum version of that, a not to exceed the
total amount on that estimate, and that is what is provided to the --
back to Paradise Advertising so they can begin.
So we were under the -- this lump sum option in the contract,
following that, and we actually had another meeting in January with
both Paradise Advertising, the Clerk's staff, and staff from my office as
well.
We talked about how we process invoice (sic), we talked about
lump sum, and we left that meeting with what we felt was agreement
that everyone did not have anything against the lump sum; that this
was how we were going to proceed.
And that's exactly what we did between then, January, up to the
end of October of last year. Invoices were coming to finance. They
included that lump sum version of the estimate. The invoice reflected
that same dollar amount or less and, in many cases, the agency delivers
the job less than what the estimate was. So in that case, the invoice
might be less than what we had originally agreed to as the estimate
delivery amount.
Attached to that as well were all of the deliverables. So if it's an
ad, you see the finished ad. If it's a TV spot, you'll see all of the scenes
that went into making up that television spot. So clear indication of
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what has been delivered.
Then in the end of October, suddenly those production invoices
stopped being paid. And we're literally talking all of the production
invoices stopped.
As Tim indicated, the media invoices were continued to be paid
and the service fees, those invoices were being paid, but none of the
production. And when you think -- production is an important part of
what we do with the agency because that's all the development of the
television spots, photography, everything we use in our advertising,
and that is all based on hourly rates of their creative staff. So if those
items are not being paid then, obviously, the agency has a difficult time
paying their staff as well.
The other source of revenue that the agency has is the monthly
service fee, which is -- we talked about this when we reviewed the
contract -- 10 percent of the approved budget. That is in lieu of any
commission. So all of the media that we place -- and that's about 75
percent of the budget every year -- is a direct passthrough. They
simply collect the dollars and pay the media. So there is no additional
revenue to the agency from all of those. So we had quite a dilemma
starting the end of October that these production invoices were not
being paid.
And two other opportunities: In January of this year and again in
March, the County Commission did affirm the lump sum option for
contracts and was, in fact, codified in -- on March 22nd of this year.
The next couple of slides, I won't really go into them, but these
really do show why a lump sum option works for this kind of a
contract.
We have a great number of internal controls in the tourism
department, both on the production -- and you see all the things that we
go through. You know, I've shown you the marketing plan. You
approve that marketing plan every year. It's a really -- not only thick,
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but it's loaded with information about this is what we plan to do, and
the media plan is there, and the production budget is all laid out there.
You approve our budget as well.
So we begin every job with a creative brief so we know exactly
what's going to be produced, we watch that job all the way through.
We make -- every time -- we see copy, we see layouts, we see proofs.
All the way through we are -- we are checking that particular job to be
sure it does not exceed any of the estimated materials that we asked
for.
And after it's all done, the agency then compiles all the hours that
went into it based on the estimate that we originally approved, and that
invoice is then prepared. The estimate that we agreed to, the
not-to-exceed amount, is attached to that in all the deliverables, as I
mentioned just a few minutes ago.
Same things happens with media. We really plan media way
ahead of time. It's negotiated. It's based on a particular budget. And,
in fact, one of the things that we agreed to going to the lump sum
version was that -- if you could just maybe put that up for me.
Just very quickly one I want to show you is, this is the purchase
order that actually -- we worked in January with the Clerk's Office to
develop this to create a new version of the purchase order that the
agency worked against every -- and every invoice then is put against
this purchase order and reduces the amount of money for production or
reduces the amount of money for media or reduces the amount of
money for the fee.
So that's our check. That's finance's check as well to be sure
we're not exceeding anything, and that was at -- really, we think, an
agreement that we had with the Clerk's staff and us that this was a way
that, frankly, we could provide all of the backup that they would be
able to audit to. So that's how we've been proceeding all the way
along, and you can see that media's the same thing. We attach
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affidavits from television stations and all of the vendor invoices, if it's
from a magazine ad, that type of thing.
So everything is there, and that's why we feel the time -- excuse
me -- the lump sum option works very well here. We think we have
the controls in place to make it work. We're just kind of stymied now
by the fact that it has been so long for so many of these invoices to be
paid.
And so we're hoping we're on the right track, but we've still got
$300,000 worth of invoices that finance has asked for -- and, Crystal,
you just articulated this: You've asked for additional information and
backup. The agency's provided that. Obviously, we're hoping that that
will be enough to get these additional invoices paid.
But this is over $300,000 that's still standing out there, and some
of it goes back to November of last year, so that's our dilemma right
now.
MS. KINZEL: And, Commissioner Fiala, could I respond to
those?
CHAIRWOMAN FIALA: Yes. I've got a few commissioners
waiting, but --
MS. KINZEL: Oh, go ahead, and then we'll respond. Go ahead.
Sorry.
CHAIRWOMAN FIALA: Well, Commissioner Hiller --
MS.
-
MS. KINZEL: I'll wait my turn.
CHAIRWOMAN FIALA: So -- then I had Commissioner Taylor
and Commissioner Hiller.
COMMISSIONER TAYLOR: So, Mr. Wert, will you please put
up -- no, was it Mr. Durham? Yeah. You had a -- you had a specific
slide that talked about the time -- yeah. Maybe the next one.
Something that -- right. There's been now communication from -- on
this particular invoice for $120.
Ms. Kinzel, there's been no -- am I reading this correct, there's
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been no communication from December the 3rd, 2015, to February the
15th, 2016?
MS. KINZEL: No, Commissioner Taylor, and thank you very
much for asking. That was going to be part of my explanation.
What Mr. Durham put up were some of the comments that go
back and forth in the SAP system. We do not log or track every
telephone call, every meeting that we've held, every indication to Mr.
Wert regarding the backup documentation that we require.
Jack has heard; he knows we require detail backup. And I would
like to explain some of the items on the record since it's been brought
up. So if I could --
COMMISSIONER TAYLOR: So is that the understanding of
staff? Is that the understanding -- Mr. Durham, you brought that up,
but is that the understanding of staff that this does not accurately
represent the communication between the Clerk's Office and staff, or
do you think it does? I just -- you know, I'm new at this. I just need
some clarification.
MR. DURHAM: It would be -- Tim Durham from the County
Manager's Office.
If there was communication, it would be outside this system,
which is a workflow system. Within the system, you're looking at the
more detailed version on your screen. So this is Invoice --
COMMISSIONER TAYLOR: Same one.
MR. DURHAM: -- 545, so this is the same one I displayed
earlier. You can see here where the communication goes back and
forth between the entities. And not every comment ends up going
back to staff.
Now, Jack assures me, based on his constant interaction with the
vendor and knowledge of what's going on in his own office, that if
there's any other communication going on besides this, it's news to us.
MR. WERT: I might just add, I would say that 90 percent of the
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communication that we have with Ms. Kinzel's staff and our physical
tech or our department is primarily through this billing system. It is
the messages back and forth. Very, very seldom do we get a telephone
call asking for something, and -- so if we don't get anything more than,
you know, a time and material is what we want, and we say we're not
on a time and material we are on a lump sum version, and we show the
quoting process, that's -- and then there's no communication from that
point. Literally nothing written, nothing -- no phone calls or anything.
So it went that long in silence. For this particular invoice, I can
tell you that's the case.
MS. KINZEL: I mean, I have to respectfully disagree with that.
We have made it very clear, and when we indicate that we need the
backup and supporting documentation equal to the time and materials,
that's very clear.
You, obviously, have known what lump sum versus time and
materials generates. And if you choose not to respond to the rejected
invoices where we have told you that we are unable to pay because
we're waiting for additional backup -- and what I would like to put on
the record -- I brought some additional information also.
CHAIRWOMAN FIALA: Is it a little cold in here, Leo?
COMMISSIONER HILLER: Yeah. Can they warm it up, you
know, now that all the people have left.
CHAIRWOMAN FIALA: My hands are like ice cubes.
COMMISSIONER HILLER: I know. I feel the same.
MS. KINZEL: For the record, Crystal Kinzel, and it's somewhat
interesting. I mean, Mr. Durham has picked a couple of examples on
the turnaround, but we actually have all of these generated at different
times and dates, and they are almost all the exact reason we needed
additional backup on these types of invoices. The --
CHAIRWOMAN FIALA: Can I see those, Crystal, when you're
done?
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MS. KINZEL: Sure, sure.
We also -- when we got to one of the last points where Tina, I
believe it is, responded and she said see attached memorandum -- I
want to show you -- real close. This is the memorandum that we
received back -- whoops. Is that it?
MR. OCHS: I'll blow it up so they can see.
MS. KINZEL: Okay. We find some of these very interesting.
And we've discussed this lump sum and time and material rate
according to several vendors, and it is a consistent issue. But, for
example, the lump sum, quote, method was selected by the contractor.
Well, first of all, I hope we're not letting our contractors choose the
method of our contracts.
The contracts are very specific. And, Jeff, did you want to say
something? He asked some contractual questions that I answered
earlier.
MR. KLATZKOW: I think you guys are -- one of you guys are
arguing English, the other guys are arguing Spanish. You're not
communicating here.
I think that's been the problem now for a couple of meetings.
MS. KINZEL: Well -- and I would like to go over some
additional items.
MR. KLATZKOW: I think your issue is set forth in 4.2 of the
contract, all right. And if that's the Clerk's issue and no other issue, I
understand the Clerk's point, all right. I'll put it on the monitor if you
want to look at it.
MS. KINZEL: But I would like to go over a couple of these
examples. When the narrative is portrayed to you that we get these
estimates and detailed estimates, well, at the TDC meeting, on the
April 25th TDC meeting, it became clear that Mr. Wert, perhaps, was
getting the background information, but that information was not
coming forward to finance after repeated requests.
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Now -- and I want to walk through what we have since received
from the contractor.
COMMISSIONER HILLER: I can't see it. Can you move it
over.
MR. OCHS: Which one -- what are you working on?
MS. KINZEL: This one, 4.2, is what he said.
MR. KLATZKOW: If the invoices that are in controversy here
fall within the parameters of 4.2, all right -- and I think that's what I
heard from Tim. If those are the issues -- Tim and Jack -- the
purchase, talent, and other services, our contract gives the method of
payment. Our contract says it's going to be billed to the county at the
actual cost paid by the contractor with no markup. That's why they
need the backup to demonstrate what the actual cost is.
COMMISSIONER HILLER: Yeah. But I don't believe that was
it, because according to what Mr. Wert described as the three
categories that weren't being paid, it was not the purchase, talent, but
the staff of the agency itself.
MS. KINZEL: No, Commissioner.
MR. KLATZKOW: And I'm trying to give -- I'm trying to get
clarity here. Crystal --
MS. KINZEL: It is the production. That's why -- let me go
through a couple of the invoices. This was one of the -- and is one of
the larger outstanding invoices that we received. And let me start with
the estimate. I want to do it in order of receipt.
COMMISSIONER HILLER: Was that section of the contract
modified or fixed price, or was that left as-is, Jeff?
MS. KINZEL: This is the estimate that we received as
attachment to the invoice that I just showed you, the 140,000. There
were several invoices that actually ended up to a little bit less than the
193-. But this was the invoice. This was the estimate that we received,
the one line with a brief description, production only, $193,000. Okay.
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COMMISSIONER HILLER: That was the quote? Which was
the --
MS. KINZEL: That was the quote. This is the estimate.
COMMISSIONER HILLER: So the invoice was $50,000 less?
MS. KINZEL: No, there are additional invoices, but I'm showing
you the first invoice at the 140-. Okay. That was the estimate.
For backup, what we received with this invoice are a series of
photos. No documentation, no time, no materials, no rates, no active
information.
MR. KLATZKOW: And, Crystal, where in the contract does that
fall within?
MS. KINZEL: Well --
MR. KLATZKOW: Because the contract provides the method of
payment.
MS. KINZEL: Exactly.
MR. KLATZKOW: So where in the contract does that fall
within?
MS. KINZEL: This is an unacceptable invoice in our opinion.
MR. KLATZKOW: That's not what I'm asking. You're talking
Spanish, not English.
MS. KINZEL: Oh, you mean the production? This is production.
MR. KLATZKOW: Where in the --
MS. KINZEL: This is production.
MR. KLATZKOW: Okay. And under what provision of the
contract does that fall under? Because that's what you're auditing to.
MS. KINZEL: It includes the talent and the other services. And
I'll show you that if I can get to the right invoice with the detail, okay.
This is why we were concerned. When we asked for -- because Mr.
Hames from Paradise Advertising had indicated that he had been
giving Jack more detailed estimates, Jack was then asking him to
create the one line production to submit to finance. So we asked Mr.
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Hames for the backup of the original estimate.
Now, this is more what you would expect, and this is why it goes
to your talent, Jeff. Let me do --
COMMISSIONER HILLER: These are all of their staff.
MS. KINZEL: No, it is not. If you look at the bottom part, it is
all the expenses, including photographer for 76,000, talent, adults, the
equipment rentals, insurance, backup travel, for another -- I think that's
123,000.
So when we saw this, which does go to the contract item for talent
and time, we were questioning, and we have asked Paradise, and they
have replied and responded with detailed invoices supporting these
items, but we just got those last Thursday. It ties a little bit less. They
billed about 184- in total to the 194- estimate.
But when we received --
COMMISSIONER TAYLOR: Excuse me, Ms. Kinzel?
MS. KINZEL: Yes.
COMMISSIONER TAYLOR: Could you put that back up there.
I'm sorry, as a photographer, I am definitely -- this photographer
makes what I make on the commission for what, five days?
Seventy-six thousand? That has to be a misprint.
MS. KINZEL: I believe this was a four-day shoot, as indicated at
the top.
COMMISSIONER TAYLOR: Seventy-six -- I'm having a little
trouble with that one.
COMMISSIONER HENNING: Well, it might have been more
than one.
COMMISSIONER TAYLOR: Even at that, sir.
COMMISSIONER HENNING: Well, I don't know.
COMMISSIONER TAYLOR: Four days.
MR. WERT: The photographer estimate is a package for all of
the things that they provide, all of his camera crew, his equipment. He
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pays for everything, all of their travel, everything. And he provides a
package quote to the advertising agency, and the agency got three
quotes for -- from three different photographers to choose which one
was going to do the work.
But it's a package deal. So it's a -- it's one check that the agency
writes to the photographer for all that amount. So it was a four-day
shoot. It was models. It was all of his equipment. All of that together
was quite economical for the amount of money that -- for the amount
of money we invested in that, it was certainly well worth it. And --
well, it was the lowest of the three quotes, so -- we do a lot of
photography. This is not at all out of the norm at all. We know what
photography costs, and this was a very good bid for this project.
CHAIRWOMAN FIALA: Do they even include, like, splicing
and the music added to it and everything?
MR. WERT: Well, that's -- the video is separate. That is done by
the in-house video team from Paradise Advertising, and that's also
included in those figures.
COMMISSIONER HILLER: Can you shrink it? What's the date
of this invoice?
MS. KINZEL: This particular invoice -- oh, gosh. I left my
glasses up there.
MR. WERT: You want mine?
MS. KINZEL: Just tell me.
MR. WERT: What's the date? The date is October the 3rd.
MS. KINZEL: October the 3rd, okay.
COMMISSIONER HILLER: Okay.
COMMISSIONER HENNING: That's an estimate.
MS. KINZEL: Yes. This was the estimate that was received at
that time.
COMMISSIONER HILLER: What's the date of invoice?
MS. KINZEL: The first invoice I believe that we got we received
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in December.
Now, what I would like to go over -- and Jack said the
photographer included billing everything through the photographer,
but there were other invoices. You can see the 22,000 for talent; 9,000
for travel; the equipment rental, 6,600. So we were asking Paradise for
some additional backup.
And as of today, we have not completed the review of all of the
backup. It's about this deep (indicating). I said, staff, how much did
we get? About that deep.
But let me show just one of the invoices that we're a little bit
concerned when we see these, because it was billed through the
photographer. If you'll note, there's no invoice number. It's dated
October from 2015. It says stylist services. And if you go down on
the stylist services, you'll see that it indicates that it's 13 days at 750 a
day or 9,750 for a stylist. Then the total of the invoice is $12,000.
Obviously, that doesn't add up. So we'll be getting back with Paradise
to ask for additional information to tie to the underlying invoices.
But this is why it takes a little bit of time. Once we do get this
information, we are trying to tie each of these elements to the billed
amount of money.
Also, what's a little concerning -- I don't know if you-all
remember, but several years ago we had already done an audit of this
particular photographer with both shoots. At that time we questioned
the wardrobe charges; we questioned the cost of their rentals; we
questioned what had happened to the wardrobe. It had been given
away. And as a result of that audit that we brought to the Board -- and
it wasn't an internal audit. It was just a review of accounts payable --
that resulted in an almost $20,000 reduction in the bills that we
actually ended up paying.
So that's one of the reasons that we're so sensitive to receiving this
supporting documentation. We need to tie back to the source
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document, make sure that we're not being billed any more than the
contract provides.
COMMISSIONER TAYLOR: You're telling me this is the same
photographer; this is the same company?
MS. KINZEL: Yes, Commissioner.
COMMISSIONER HENNING: Can I go?
CHAIRWOMAN FIALA: Yes, please do.
COMMISSIONER HENNING: Can we put up what Mr.
Klatzkow provided, the contract that we pay on? The production is --
and I think it says the actual cost of production, correct?
MS. KINZEL: Correct.
COMMISSIONER HENNING: The actual cost.
MS. KINZEL: Correct.
COMMISSIONER HENNING: So an estimate isn't a cost.
COMMISSIONER TAYLOR: That's right.
COMMISSIONER HENNING: All right. It's just what they
think it's going to cost.
MS. KINZEL: Correct.
COMMISSIONER HENNING: The actual cost is what the
vendor bills Paradise.
MS. KINZEL: Correct.
COMMISSIONER HENNING: Are you getting that?
MS. KINZEL: That is why we have held up these bills. We have
been attempting to get this for months. And Mr. Hames has just now
started providing us this documentation.
COMMISSIONER HENNING: No. Are you getting his actual
cost from the vendors that he's using?
MS. KINZEL: This is what we're starting with. This is one of the
vendors, for example, that were used as a sub, and this is a stylist that
provides wardrobe.
COMMISSIONER HENNING: That's not an invoice.
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MS. KINZEL: It doesn't even have a number, but it's labeled an
invoice. But as I said, we're just now reviewing this backup
documentation in further detail. But I agree with you.
COMMISSIONER HENNING: Well, you know, we're sitting
here as policymakers. I don't know why every meeting that we're
getting in between this tiff between county staff and the Clerk of
Courts with no resolution.
The County Attorney clearly pointed out what it says in the
contract, what is being paid on. Where is Paradise's invoices?
MS. KINZEL: And I will say -- I'm sorry. I will say this,
Commissioner Henning --
COMMISSIONER HENNING: Leo, is it -- is it not clear? Am I
mistaking what the contract says? They're not looking for pictures.
MR. OCHS: No. Their invoices are in the system, in the SAP
system.
COMMISSIONER HENNING: Their actual --
MR. OCHS: Yes.
COMMISSIONER HENNING: -- invoices, what Paradise paid?
MR. OCHS: Yes. Their invoice is in the system.
COMMISSIONER HENNING: That one of a picture is not an
invoice. The series of pictures are not invoices.
COMMISSIONER TAYLOR: That's not an invoice.
COMMISSIONER HENNING: I mean, it's a bill to Paradise
what it owes the vendor. That's what needs to be provided. So what is
this? Is that -- that looks like an invoice.
MS. KINZEL: This is --
COMMISSIONER HENNING: No, that's an invoice from
Paradise.
MS. KINZEL: From Paradise to us.
COMMISSIONER HENNING: No.
MS. KINZEL: Exactly, and it says lump sum, and that's what
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they have been presenting when Leo says the invoice is in the system.
COMMISSIONER HENNING: Okay. Now, what needs to be
provided -- Paradise, when it is their staffing, it is the hours of their
staffing for each of the projects, okay. Lump sum is we're -- Jeff, help
me out, because I'm tired of this being on the agenda with no
resolution from county staff. It's really getting old.
MR. KLATZKOW: If you look at 4.1, just as an --just as an
example.
COMMISSIONER HILLER: But, Jeff, can I ask a question?
Was this contract modified?
COMMISSIONER HENNING: No. I'm not done yet.
MR. KLATZKOW: To my knowledge, this was not amended.
COMMISSIONER HILLER: This contract was not amended?
COMMISSIONER HENNING: I'm not --
MR. KLATZKOW: To my knowledge --
COMMISSIONER HENNING: I'm not done yet.
COMMISSIONER HILLER: What was amended?
THE COURT REPORTER: I can only get one at a time.
COMMISSIONER HENNING: I am not done yet.
CHAIRWOMAN FIALA: Please let Commissioner Henning go.
COMMISSIONER HILLER: Go ahead.
COMMISSIONER HENNING: It's very simple and very clear
what's to be provided.
4.1, charges to be advertised -- be placed by the contract on behalf
of the county billing system to the county for actual cost paid by the
contractor and shall not include a makeup -- markup, not makeup. I
know there's a lot of makeup going on here.
COMMISSIONER TAYLOR: Freudian slip.
COMMISSIONER HENNING: So, Crystal, you agree that they
-- Paradise needs to provide staff with their actual cost of what it --
what their costs -- what it costs.
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MS. KINZEL: Yes.
COMMISSIONER HENNING: Okay.
MS. KINZEL: That's the backup documentation so that we can
assure that the estimates and then the production item that's billed is
according to the terms of the contract.
MR. KLATZKOW: Now, where you may have the disconnect is
that finance may be looking for a slightly different level of proof on
this that is being provided.
COMMISSIONER HENNING: Well --
MR. KLATZKOW: I don't know how deep into the weeds
finance isoin on this.
g g
COMMISSIONER HENNING: It is clear that the vendor
submits to Paradise. That's the -- that's the backup material that is
needed. That's what it says in the contract. Is that correct? Is that how
you read it?
MR. KLATZKOW: As I understand the process, Paradise would
go out and place the advertising. They're going to subcontract a lot of
this work. They're going to get invoices from all those people.
COMMISSIONER HENNING: Right.
MR. KLATZKOW: Those invoices are going to be the costs paid
by Paradise in that they get that reimbursed by us. So what the Clerk
should be looking at is the backup invoices that Paradise is paying on.
COMMISSIONER HENNING: Okay. And that's what staff
should be providing to the finance department.
MR. KLATZKOW: It's what Paradise should be providing to.
COMMISSIONER HENNING: To the staff.
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: Because the staff is the first one
that needs to verify that the work was done.
MR. KLATZKOW: Yes. And this is our contract.
COMMISSIONER HENNING: Right. Its not the Clerk's
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contract.
MR. KLATZKOW: It's our contract; that's what it says.
COMMISSIONER HENNING: So it goes to the county staff,
then county staff verifies that it was performed, then it -- if it was
performed, then it goes to the Clerk for payment. Now --
MR. KLATZKOW: And 4.2 is structured the same way.
COMMISSIONER HENNING: Right. Now, other services,
expenses, talents, marketing, media, production, advertising, contractor
on behalf of the county will be billed on the actual cost paid by the
contract, and it shall not include markup. That's --
COMMISSIONER TAYLOR: Talent.
COMMISSIONER HENNING: That's very simple.
So where Paradise gets paid for their work is they need to provide
how many hours they spent on each project.
MR. WERT: Correct.
COMMISSIONER HENNING: All right. That is not a lump
sum. They need to provide that detailed information; is that correct,
Jeff?
MR. KLATZKOW: And if you go to Paragraph 4 we have an
exhibit with the rate schedule, all right, where these payments are
defined.
MR. WERT: Yes.
COMMISSIONER HENNING: Right. Their rate schedule, and
MR. KLATZKOW: Our rate schedule. We have an entire
schedule here for different services, how much it would cost per hour,
or whatever, and that's what the billing is supposed to be based on.
COMMISSIONER HENNING: Right. And staff-- it's supposed
to go to staff, staff verifies that those charges are reasonable, and then
from that it goes to the Clerk.
MR. WERT: No. If I might just -- Commissioner --
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COMMISSIONER HENNING: That's fine.
MR. WERT: -- let me just kind of clarify, a little bit, the
procedure.
There's another part of the -- that Paragraph 4. The Exhibit C
quoting process is also important because it's part of that same
paragraph. And that reads, if we're -- if we've elected to use the lump
sum quote, the contractor shall provide, one, not-to-exceed total cost
for each task and, two, a brief description including the deliverable of
each task to be performed. That's exactly what those lump sum
estimates do.
But in addition to that, if I -- we also -- I receive two things. First
of all, once we decide to do a job, I get an estimate that shows how
many hours they're going to -- how many hours of copywriting, how
many hours of art direction and digital work and that type of thing, and
then if we're in agreement between the agency and our shop that that is
a legitimate amount of money for that particular job, we sign the lump
sum estimate for that not-to-exceed amount that was on the detailed
estimate.
COMMISSIONER HENNING: Where's that stated in the
contract?
MR. WERT: It says it right here under quoting. It specifically
says the lump sum version --
COMMISSIONER HENNING: Let me follow it.
MR. WERT: Okay, sure.
COMMISSIONER HENNING: Where you at?
MR. OCHS: Sir, the first paragraph in Paragraph 4, professional
fees and creative work. If you go down to the last sentence in that first
paragraph, it talks about how it will be billed in accordance with
Exhibit A and Exhibit C, which is the quoting process.
COMMISSIONER HENNING: That's a quote; quote.
MR. WERT: That's right. That's the estimate.
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May 10, 2016
MR. OCHS: That's how they bill.
MR. WERT: That's how all jobs start, with an estimate.
COMMISSIONER HENNING: With a quote, but the actual
charges for payment is in 4.1, 4.2, and 4.3.
MR. CASALANGUIDA: Commissioner, I've got to get you to
Exhibit C, because there's a conflict in this contract as well, too.
MS. KINZEL: And here's where we're --
COMMISSIONER HENNING: You guys are not bringing
resolution to these issues. That's what you're here for. All we're here
is policymakers.
Staff brought this contract to us, and they say now there's a
problem with it. There's conflicting information. You're not bringing
anything back to correct it.
MR. WERT: No, sir. I'm not saying there's anything wrong with
this contract. The contract is sound --
COMMISSIONER HENNING: Deputy County Manager said it.
MR. WERT: What we're having a discussion --
(Two speakers speaking at the same time.)
COMMISSIONER HENNING: -- conflicting information.
MR. WERT: I guess the discussion here -- and I think Jeff said it
as well -- is we've decided -- we, staff--
MR. KLATZKOW: You should --
MR. WERT: -- have decided that it's lump sum, and that's what
we're following.
MR. KLATZKOW: If the issue here is getting -- if the issue here
is getting the vendor paid -- because you guys have been arguing now
for a long time.
MS. KINZEL: Six months.
MR. KLATZKOW: Okay. If the issue is to get the vendor paid, I
will tell you how to get the vendor paid, all right, and that's the backup
invoices that the vendor got from his subs.
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COMMISSIONER HENNING: That's because it says it in the
contract.
MR. KLATZKOW: All right. Now, you can argue with the
Clerk if you want, and you might be right, okay, but you're not going
to get the vendor paid. If you want to go pure lump sum, amend the
contract, get rid of a lot of this language, and be done with it.
MR. WERT: Okay.
MR. KLATZKOW: All right. But this is our contract. No. You
have an interpretation of the contract; the Clerk has an interpretation of
the contract. You've been arguing for months about this.
MR. OCHS: No. We were relying on the payments that were
made up to November using the lump sum method.
MR. KLATZKOW: I'm not -- Leo? Leo, I'm not taking a side
here. I'm just telling you that from what I'm hearing here, if you want
to get the vendor paid, okay, you have a process to get the vendor paid,
and that's with the backup invoices. And then if they don't pay, I have
no explanation.
COMMISSIONER HILLER: Hang on a second. May I?
MR. WERT: I think I understand that.
COMMISSIONER HILLER: Can I speak?
CHAIRWOMAN FIALA: Yes.
COMMISSIONER HILLER: Thank you.
First of all, let me say that the payment of 134,000 is actually out
of an outstanding balance of 470,000, because since the last meeting,
the previous month's invoice came in, and the balance outstanding
increased to 470,000, so that 134,000 is reducing 470,000.
And my guess -- and I don't know for sure, but my guess is that
134,000 relates to, more likely than not -- and correct me if I'm
mistaken -- payments in those categories which are being readily paid
and that the production category is still being left unpaid.
MR. WERT: The ones that are on the list to be paid right now as
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May 10, 2016
of today --
COMMISSIONER HILLER: Are the production.
MR. WERT: -- they are production, and they are all those
invoices that were -- that we provided the detailed estimate for.
COMMISSIONER HILLER: Okay.
MR. WERT: They didn't have --
COMMISSIONER HILLER: I don't need any more --
MR. WERT: -- any outside charges, in other words.
COMMISSIONER HILLER: Okay. So -- oh, there were no
outside charges in the 3- --
MR. WERT: No outside charges on any of those that were paid
today. All the ones that are, I think, being held up now are ones that
have outside charges that were -- that we've now --
COMMISSIONER HILLER: So --
MR. WERT: -- understand that they've provided those vendor
invoices.
COMMISSIONER HILLER: That's what I thought. So it went
up to 470,000; 134- was paid. The balance that's owed relates to the
production category, and the question of what the appropriate
underlying evidence to basically label this a proper invoice and ready
for payment is what's at issue.
The contract that we just looked at, the previous page where we
were looking at the section that you've all been discussing refers
specifically to the Prompt Payment Act. It's really simple. The Prompt
Payment Act requires that the Clerk provide in writing with specificity
what the issue is and provide in writing with specificity what the
solution to the problem is.
There shouldn't be any guessing. We shouldn't have to sit here
and have this discussion. The Clerk should state this is the issue under
this section of the contract, this is what's deficient, and as a result these
are the documents we specifically need to pay this invoice, and that
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May 10, 2016
should be produced within 10 days of the submittal of each of these
invoices.
We are long past that and, as I understand, that document has
never been produced by the Clerk's Office and delivered to the county
so that could be delivered to the vendor; is that correct? Can you state
on the record whether or not that's the case.
MR. WERT: Commissioner, what we have received are
messages such as "we need more backup."
COMMISSIONER HILLER: Okay. No. That's -- no.
MR. WERT: That doesn't say what I need.
COMMISSIONER HILLER: The law is clear. The Prompt
Payment Act says there shall be a statement that provides with
specificity what the exception is and then shall provide with specificity
what the solution to the exception is, and that hasn't been provided.
MR. WERT: Have not received that.
MS. KINZEL: Commissioner?
COMMISSIONER HILLER: So -- may I finish?
We are well past the 10 days of having received the invoice to
provide that information. There is a solution to this problem, and the
solution to this problem is what we are passing by way of an
amendment to our purchasing ordinance which is the dispute
resolution process provided for by the Prompt Payment Act.
Leo, can you please pay attention to this? Because I really feel
that we have to bring closure to this, and this closure is not between
staff and the Clerk's Office and the Board intervening in the middle. I
feel that what we need to do to bring closure and have final resolution
on the 343,000 that's outstanding is invoke the dispute resolution
process under the ordinance as soon as it's passed, which is in two
weeks from now at the next hearing, at the next reading, I should say,
and bring in the -- an external audit -- an auditor to review the contract,
review the underlying evidence, and make a determination whether it
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May 10, 2016
is a proper invoice or an improper invoice.
We have to take it out of this forum and have an independent
hearing on this issue. We are not coming to a conclusion. We are well
beyond the limitations of the Prompt Payment Act, and we have been
noncompliant with the Prompt Payment Act. So let's follow the law
and get it done.
MS. KINZEL: Commissioner Fiala, could I offer that?
CHAIRWOMAN FIALA: Yes.
MS. KINZEL: First of all, the citations of the Prompt Payment
Act, we have in fact told the department exactly what was wrong. This
is a process that was set up years and years and years ago.
The citation of the Prompt Payment Act and the days and between
which department is being put out there totally incorrectly, but the
good news of this is, we have already started a dispute resolution
process. We sent to this vendor on April 22nd a letter to their
attorneys. We have been working through those attorneys and also
through Mr. Hames. That is why we have been able to pay almost
200,000 of the outstanding balance.
Once we took it to our dispute resolution, not relying on county
staff to forward the information, we are resolving it and getting the
vendor paid. That's already been done. The notices were given to staff.
Staff continued to refuse to give us the backup.
Mr. Wert even went so far as to have the detailed estimates
restated to a single line estimate to provide to the Clerk saying because
it's lump sum, the Clerk doesn't get the detail.
We have told them over and over the Clerk's audit role requires
that we're able to substantiate the costs. That's why the contracts are
written that way. That's why you have a rate.
And I would like to ask Mr. Wert what his estimates are based on
and what his approval of the estimates are based on if he's not even
receiving any of the documents to the cost.
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May 10, 2016
COMMISSIONER HILLER: And if I may say, up until
November you were making payments on these types of invoices
without that underlying evidence, and now you've suddenly changed.
So my concern is, what were you doing prior to November? Between
March and November of 2015, you were not looking at the same
evidence you're looking at now.
MS. KINZEL: That probably is correct, Commissioner Hiller,
because we relied on county staff. We've subsequently, obviously,
found out that there are several issues and discrepancies with what
county staff may approve or process or attempt to process. And we
have asked for greater detail.
Now, in a lot of these supporting backups, we have asked for the
travel. Two and some years ago we did the same presentation on the
same vendor, both shoots, and saved the county $19,800 because they
had given away wardrobe, bought cameras they couldn't even find.
CHAIRWOMAN FIALA: Okay, okay.
MS. KINZEL: You know, okay.
CHAIRWOMAN FIALA: Let's just get back to the --
MS. KINZEL: But to try to say that we have not been doing our
job along the way --
COMMISSIONER HILLER: You haven't.
MS. KINZEL: -- I'm sorry, I'm taking grand exception to that.
COMMISSIONER HILLER: Well --
CHAIRWOMAN FIALA: Okay. Now, let's --
COMMISSIONER HILLER: -- you haven't.
CHAIRWOMAN FIALA: We're not getting anyplace anymore.
I've got two commissioners that are waiting to speak. One was
Commissioner Taylor.
MS. KINZEL: Could I just put one more item on the record,
Commissioner? Well, real quick.
COMMISSIONER TAYLOR: I just -- I would like to ask
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May 10, 2016
County Manager what every other contractor or vendor besides
Paradise is doing right in the county, because I'm going to ask Ms.
Kinzel what you've paid in the last two weeks, what the amount is, and
how many invoices have you paid.
MS. KINZEL: And thank you, because that's -- I have stated that
several times.
You know, we keep talking about, oh, the Clerk's not paying
these vendors. In the last two weeks we have paid $16.6 million. We
have paid almost 5,000 invoices; 4,895 to be exact, and we have paid
1,107 different vendors just in the last two weeks.
So to try to imply that the Clerk's Office doesn't pay vendors over
and over is just untrue. There are several vendors, a handful, that we
have issues that arise, and we resolve them through a process in,
hopefully, working with county staff and working with the vendors. It
has worked routinely.
COMMISSIONER TAYLOR: Mr. Count -- may I just --just --
no, just an address, yes.
CHAIRWOMAN FIALA: Please. I mean, you just staged that
one. Let's get --
COMMISSIONER TAYLOR: No, I didn't stage it.
My question to you, Mr. Ochs, is what -- what can you learn from
this?
I'm going back to Commissioner Henning's comment. If we're
paying -- if there are 1,100 invoices being paid for vendors, what are
they doing right and Paradise or the TDC doing wrong?
And this is a question I don't expect you to answer now but,
clearly, there it is. So let's just get -- let's stop these discussions and get
everybody paid. It's so important to get the vendors paid.
CHAIRWOMAN FIALA: Okay. Let's move on.
Commissioner Henning?
COMMISSIONER HENNING: Okay. This item on the agenda
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May 10, 2016
is really not an item to vote on. It's just --
CHAIRWOMAN FIALA: No, it isn't.
COMMISSIONER HENNING: Yeah. It's just an explanation.
All we are is having a pissing contest, excuse me. It's not resolving
anything.
The item that we had on the agenda, the dispute resolution, is not
going to get the vendor paid. As what Commissioner Hiller stated, the
constitutional officer, an independent constitutional officer, never was
asked to participate in this dispute resolution to come up with a faster
process.
And if anybody should be paying their contractor, it should be
Commissioner Hiller, who hasn't been paid for over two years.
CHAIRWOMAN FIALA: Oh, my goodness. Not -- come on.
COMMISSIONER HENNING: So this is going to keep on until
the August election is over with --
CHAIRWOMAN FIALA: Let's just move on.
COMMISSIONER HENNING: -- between Hiller and Brock.
CHAIRWOMAN FIALA: There's no reason for this. Let's just
move on. I don't want to be playing these little games.
Commissioner Hiller, do you have something reasonable to say?
COMMISSIONER HILLER: Yeah. I think that it --
CHAIRWOMAN FIALA: I don't want to get into any of this
political junk.
COMMISSIONER HILLER: No, I understand.
What is very important is that, again, the report to the
commissioners reveals the following: That 470,000 was the
outstanding balance, 134,000 of which was paid. The balance, which
is what's in dispute, the production category, has to be resolved, I
believe, using that dispute resolution process.
And I would hope this board, at the next board meeting, once we
adopt this ordinance, let's get someone from the outside who's
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May 10, 2016
independent to review the contract, review the underlying evidence,
and make a determination and recommendation to us whether or not
we should approve this for payment, because that's what the law
provides.
We have an Attorney General opinion that says, we have the right
where there is a dispute like this to go to an external auditor and let the
external auditor give us guidance so that we can move forward.
And whether this is -- it is proper to pay or not proper to pay
would be decided by the independent hearing officer, and there would
be finality to this, and we will not have this ongoing, because this is a
burden on everybody, and it's not resolving itself.
CHAIRWOMAN FIALA: Absolutely everybody, and it gives
fodder to everybody else to ridicule or make fun of all of us. And I
think this is -- it needs to come to an end, for goodness sake.
COMMISSIONER HILLER: Exactly.
CHAIRWOMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Well, one thing that we do have -- I
hope this resolution process is helpful, but one thing that we absolutely
have to have, regardless of if it's the administrative approach by the
county staff or the administrative approach by the Clerk's staff, is it's
got to be predictable and it's got to be consistent, and that's one thing
that we have not had from the Clerk of Courts.
COMMISSIONER HILLER: Exactly.
COMMISSIONER NANCE: The Clerk of Courts will go along
for a long period of time, and then all of a sudden, there will be some
sort of a crisis. And, frankly, I think that has caused a great deal of
frustration, because people thought things were going along okay, and
then there was a concern.
So if there is a concern or there's a change in thought that occurs,
then everybody should understand immediately where we are. If the
Clerk has had a change in thought, I think that's fine, but we need to
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May 10, 2016
define what it is so that we're at least consistent and everybody knows
what is -- what the expectations are, and I think those are fair and just
requests.
COMMISSIONER HILLER: And if I may just conclude by
saying, if at the end of the dispute resolution process the
recommendation to us is that we should not pay, the recourse the
vendor has is the courts, because the courts are where these kind of
disputes are properly resolved.
CHAIRWOMAN FIALA: Okay. So we're done with that
subject.
And we're going to —
Item #15
STAFF AND COMMISSIONER GENERAL COMMUNICATIONS
MR. OCHS: We're on Item 15, Madam Chairman.
CHAIRWOMAN FIALA: -- move on.
MR. OCHS: That's staff and commission general
communications. I got this, Jack.
Nothing from me today, Commissioners.
CHAIRWOMAN FIALA: I don't blame you.
Anything from you, County Attorney?
MR. KLATZKOW: Oh, Lord, no.
CHAIRWOMAN FIALA: That's a good choice. Right.
Let's start with Commissioner Henning.
COMMISSIONER HENNING: Motion to adjourn.
COMMISSIONER TAYLOR: Second.
CHAIRWOMAN FIALA: Second.
Unless there's something beautiful to say, we are adjourned.
COMMISSIONER NANCE: Wait a minute. Hold on. Hold on.
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May 10, 2016
CHAIRWOMAN FIALA: We've got beauty.
COMMISSIONER NANCE: No, I do have one thing that I'm
going to mention before I go home immediately and brush my teeth
after today's discussion.
But I will say that I am going to -- I'm working with Mr. Ochs.
I've asked him to help me, and he has indicated his willingness to do
so, and I've also talked to some of the other fire district chiefs.
I'm very, very concerned, and this -- you know, this is not the first
time this has happened, but I've dedicated myself now in the months
still left as a District 5 commissioner to work on a community fire plan
for the eastern part of the county. It is very, very essential that we
address these things.
I know prior to the recession Victor Hill, who's a public
information officer with the then Golden Gate Fire District, was
working on a community fire plan for the Estates and areas that are
subject to the sort of windblown fires that we can see the tremendous
devastation in the western United States and Canada on a fairly regular
basis.
I will tell you it is my fear and my assertion to everyone that the
greatest risk in our community is not a hurricane but, in fact, a
windblown fire.
It's very clear that we could lose a thousand homes or more in one
of these incidents, and we do have spring conditions that promote
those sorts of disasters from taking place.
The reason I'm bringing this up at this moment is because some of
the considerations that we have to make and the planning that we have
to review goes right to land and use in the Golden Gate Estates area.
And I'm just going to give you a couple of examples.
We have site development requirements in Golden Gate Estates
that are very respective of the environment that put a very strict
limitation on the amount of property out there that can be cleared, but
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May 10, 2016
sometimes that amount of property and the lots that are being
permitted do not result in that homeowner being able to create the 30
foot of defensible space around his or her home that is recommended
by all our fire professionals, including Florida Department of Forestry.
So what we need to do is we need to go in there, and we need to
make sure that our Land Development Code and our environmental
management in our fire safety code are not in conflict, and currently
they are.
Secondly, that same sort of addressing the Site Development Plan
is going to be in the way of our dispersed water storage. When we're
talking about retaining and detaining water during the wettest times of
the year so that we're not -- that we're not discharging the water any
sooner than we absolutely have to is in conflict with some of these site
development regulations that we currently have.
So now when we're reviewing the master plan for the Estates and
we recognize that the Estates has not only the ability to help us
county-wide but also some very serious health, safety, and welfare
exposure, I want to make sure that we get those deliberations into our
master plan restudy. That is all. Thank you.
COMMISSIONER HILLER: Very good point.
CHAIRWOMAN FIALA: That's a good message.
COMMISSIONER HILLER: Very good message.
CHAIRWOMAN FIALA: Commissioner Henning, would you
like to say anything other than an "adjourn"?
COMMISSIONER HENNING: No.
CHAIRWOMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Adjourned.
CHAIRWOMAN FIALA: Okay. And I will just say I'll see you
in two weeks. Thank you for putting up with us, County Manager and
Deputy Manager. We're done.
Page 208
May 10, 2016
*****
**** Commissioner Nance moved, seconded by Commissioner Hiller
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
MOCKINGBIRD CROSSING, PL20140001607, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION
WAS DONE ON FEBRUARY 3, 2016 AND THE FACILITIES
WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE
Item #16A2
FINAL ACCEPTANCE OF THE WATER AND SEWER
FACILITIES FOR TERRACINA GRAND, PL20140001444,
ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION
OF THE WATER FACILITIES, AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $19,788.31
TO THE PROJECT ENGINEER OR THE DEVELOPER'S
DESIGNATED AGENT - FINAL INSPECTION WAS DONE ON
FEBRUARY 19, 2016 AND THE FACILITIES WERE FOUND TO
BE SATISFACTORY AND ACCEPTABLE
Page 209
May 10, 2016
Item #16A3
ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF
THE WATER AND SEWER UTILITY FACILITIES FOR
HACIENDA LAKES OF NAPLES, PHASE 1, PL20140000433,
AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE TOTAL AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT -
FINAL INSPECTION WAS DONE ON FEBRUARY 22, 2016 AND
THE FACILITIES WERE FOUND TO BE SATISFACTORY AND
ACCEPTABLE
Item #16A4
FINAL ACCEPTANCE OF THE WATER AND SEWER
FACILITIES FOR SANDALWOOD VILLAGE, PL20140002790,
ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION
OF THE WATER AND SEWER FACILITIES, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $38,480.08 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT - FINAL INSPECTION
WAS DONE ON MARCH 1, 2016 AND THE FACILITIES WERE
FOUND TO BE SATISFACTORY AND ACCEPTABLE
Item #16A5
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES
Page 210
May 10, 2016
FOR YOUTH HAVEN, PL20140002336, ACCEPT
UNCONDITIONAL CONVEYANCE OF A PORTION OF THE
WATER FACILITIES, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $7,044.81 TO THE
PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED
AGENT - FINAL INSPECTION WAS DONE ON MARCH 3, 2016
AND THE FACILITIES WERE FOUND TO BE SATISFACTORY
AND ACCEPTABLE
Item A
to 6 6
RESOLUTION 2016-91 : GRANT FINAL APPROVAL OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF ARTHREX COMMERCE PARK
APPLICATION NUMBER PL20110000783, WITH THE
ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIVATELY MAINTAINED, AUTHORIZING THE RELEASE OF
THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE
PLAT DEDICATIONS
Item #16A7
RESOLUTION 2016-92 AND RESOLUTION 2016-93: GRANT
FINAL APPROVAL OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLATS OF
CAMDEN LAKES AND CAMDEN LAKES PHASE 1A
APPLICATION NUMBERS PL20110000747 AND PL20130001071
WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS
BEING PRIVATELY MAINTAINED AND AUTHORIZING THE
Page 211
May 10, 2016
RELEASE OF THE MAINTENANCE SECURITY
Item #16A8
RESOLUTION 2016-94: FINAL APPROVAL OF THE PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF QUARRY PHASE 4 APPLICATION NUMBER
PL20110002575 WITH THE ROADWAY AND DRAINAGE
IMPROVEMENTS BEING PRIVATELY MAINTAINED AND
AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A9
RESOLUTION 2016-95: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF MARSALA AT TIBURON (#AR-7629)
AND AUTHORIZE THE ACCEPTANCE OF THE PLAT
DEDICATIONS AND RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $211,836.03
Item #16A10
RESOLUTION 2016-96: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, FOR THE FINAL PLAT OF
PIACERE - PAVIA (APPLICATION NUMBER AR-9836)
AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY AND ACCEPT THE PLAT DEDICATIONS
Item #16A 11
Page 212
May 10, 2016
RECORDING THE FINAL PLAT OF BUCKLEY PARCEL,
(APPLICATION NUMBER PL20150002371) APPROVING THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — W/STIPULATIONS
Item #16Al2
RECORDING THE FINAL PLAT OF CAY OF NAPLES AT
HACIENDA LAKES, (APPLICATION NUMBER PL20150002352)
APPROVALING THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY —
W/STIPULATIONS
Item #16A13
AN EXTENSION FOR COMPLETION OF REQUIRED
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH NAPLES
MOTORCOACH RESORT (#AR-12512) SUBDIVISION
PURSUANT TO SECTION 10.02.05 C.2 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE (LDC) — EXTENDING
THE PLAT IMPROVEMENT FINAL ACCEPTANCE DEADLING
FROM APRIL 8, 2015 TO APRIL 8, 2017
Item #16A14
AN EXCAVATION PERFORMANCE AGREEMENT AND
ACCEPT AN ALTERNATE EXCAVATION PERFORMANCE
SECURITY TO REPLACE THE EXISTING EXCAVATION
Page 213
May 10, 2016
PERFORMANCE SECURITY, FOR THE PROJECT KNOWN AS
THE STATE ROAD 846 LAND TRUST MINE, COMMERCIAL
EXCAVATION PERMIT 59.703-2, PL20100000204 — DUE TO A
CHANGE IN OWNERSHIP THE BUYER (27TH/PICO
BOULEVARD LIMITED PARTNERSHIP) IS REQUIRED TO
ENTER INTO A STANDARD EXCAVATION PERFORMANCE
AGREEMENT AND PROVIDE A NEW EXCAVATION
PERFORMANCE SECUTIRY FOR $500,000 REPLACING THE
EXISTING BOND
Item #16A15
AUTHORIZE A BUDGET AMENDMENT TO FUND
LANDSCAPE ARCHITECTURAL SERVICES FOR SR 84
(DAVIS BOULEVARD) FROM COUNTY BARN ROAD TO
SANTA BARBARA BOULEVARD — THIS FDOT ROADWAY
PROJECT IS TO BE COMPLETED BY JULY 17, 2017
Item #16A16
AWARD CONTRACT NO. 16-6608, COUNTY WIDE
PATHWAYS - OUTER DRIVE SIDEWALK PROJECT, TO
BONNESS, INC., IN THE AMOUNT OF $294,746.17 (PROJECT
NO. 60118.3)
Item #16A17
AUTHORIZING THE CHAIRMAN TO SIGN A COLLIER
COUNTY LANDSCAPE MAINTENANCE AGREEMENT
(AGREEMENT) BETWEEN COLLIER COUNTY AND THE
MOORINGS, INCORPORATED, FOR LANDSCAPE AND
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May 10, 2016
IRRIGATION IMPROVEMENTS WITHIN THE AIRPORT-
PULLING ROAD PUBLIC RIGHT-OF-WAY
Item #16A18
RESOLUTION 2016-97: AN AMENDED AND RESTATED
DEVELOPER AGREEMENT (DA) BETWEEN THE DEVELOPER
OF PARKLANDS PUD, PARKLANDS ASSOCIATES I, LLLP,
(DEVELOPER) AND COLLIER COUNTY (COUNTY) TO FUND
AND CONSTRUCT LOGAN BOULEVARD NORTH (PROJECT
#33464); TO EXECUTE THE ATTACHED TRANSPORTATION
REGIONAL INCENTIVE PROGRAM (TRIP) AGREEMENT
BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AND COLLIER COUNTY TO
PROVIDE FUNDING IN THE AMOUNT OF $2,663,736 IN FDOT
FISCAL YEAR 2015/2016 (FINANCIAL PROJECT #438268-1)
FOR THE CONSTRUCTION OF LOGAN BOULEVARD FROM
ITS CURRENT TERMINUS NORTH OF IMMOKALEE ROAD
TO THE LEE COUNTY LINE; TO APPROVE A RESOLUTION
AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONER (BCC) TO SIGN THE
AGREEMENT; DECLARE A VALID PUBLIC EMERGENCY TO
COMPLETE THE DESIGN AND POST DESIGN SERVICES IN
THE AMOUNT OF $63,250; AND APPROVE WORK ORDERS
AND NECESSARY BUDGET AMENDMENTS
Item #16A19
TO HEAR LAND DEVELOPMENT CODE AMENDMENTS AT
TWO REGULARLY SCHEDULED DAYTIME HEARINGS AND
WAIVE THE NIGHT HEARING REQUIREMENT — TO BE HELD
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May 10, 2016
ON TUESDAY JUNE 14, 2016 AND JUNE 28, 2016
Item #16A20
RESOLUTION 2016-98: A RESOLUTION AUTHORIZING THE
CHAIRMAN TO EXECUTE A STATUTORY DEED TO A 0.0471
ACRE PARCEL OF LAND AND DIRECTING THE COUNTY
MANAGER OR HIS DESIGNEE TO DELIVER THE SAME TO
THE OWNERS OF THE SONOMA OAKS PUD IN RETURN FOR
A WARRANTY DEED TO A 0.60 ACRE PARCEL OF LAND
AFTER THE BOARD'S APPROVAL AND THE CHAIRMAN'S
EXECUTION OF AN AGREEMENT SETTING FORTH THE
TERMS AND CONDITIONS OF THE PROPERTY EXCHANGE
Item #16A21
ACCEPT THE "2016 INDEXING CALCULATIONS" REPORT,
PREPARED BY TINDALE-OLIVER AND ASSOCIATES, INC.,
IN ACCORDANCE WITH THE ADOPTED INDEXING
METHODOLOGY, FOR THE TRANSPORTATION IMPACT
FEES AND THE CORRECTIONAL IMPACT FEES AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
AND THE COUNTY ATTORNEY TO ADVERTISE FOR
FUTURE CONSIDERATION AN ORDINANCE AMENDING
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, WHICH IS THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, AMENDING
THE ROAD IMPACT FEE RATE SCHEDULE, WHICH IS
SCHEDULE ONE OF APPENDIX A, AND THE
CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE,
WHICH IS SCHEDULE FOUR OF APPENDIX A, IN
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May 10, 2016
ACCORDANCE WITH THE 90-DAY NOTICE REQUIREMENTS
SET FORTH IN SECTION 163.31801(3)(D), FLORIDA
STATUTES
Item #16D1
A BUDGET AMENDMENTS IN THE AMOUNT OF $1,133,706.78
TO ALLOW CONTINUOUS OPERATION OF THE
COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER'S
DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY
GRANTS FOR THE COLLIER COUNTY SERVICES FOR
SENIORS PROGRAM FROM THE AREA AGENCY ON AGING
OF SOUTHWEST FLORIDA, INC. PRIOR TO THE EXECUTION
OF FUNDING AWARD (NET FISCAL IMPACT $1,112,466.78)
Item #16D2
A MEMORANDUM OF UNDERSTANDING WITH THE
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT
BOARD WHICH WILL PROVIDE FUNDS TO ALLOW UP TO
130 CHILDREN TO RECEIVE RECREATIONAL
OPPORTUNITIES DURING THE SUMMER (FISCAL IMPACT
$71,500) — PROVIDING THEM THE OPPORTUNITIY TO
PARTICIPATE IN THE SUMMER CAMP INITIATIVE IN
IMMOKALEE
Item #16D3
EXECUTION OF THE GRANT AWARD FOR THE FEDERAL
TRANSIT ADMINISTRATION 49 U.S.C. § 5339 FY15 GRANT
AWARD IN THE AMOUNT OF $347,686 AND APPROPRIATE A
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May 10, 2016
BUDGET AMENDMEN — FOR THE PURCHASE OF A BUS TO
REPLACE A VEHICLE THAT HAS MET ITS USEFUL LIFE
Item #16D4
A DONATION OF $12,790.28 FOR THE CONTINUATION OF
THE LIBRARY ELECTRONIC ASSISTANCE PROGRAM
THROUGH ANNUAL RECURRING FUNDING BY THE
FRIENDS OF THE LIBRARY, INC. AND APPROVE THE
NECESSARY BUDGET AMENDMENT — FOR THE LEAP
PROGRAM WHICH HIRED SEVEN HIGH SHOOL STUDENTS
TO WORK AT SEVERAL LIBRARIES TO PROVIDE
TECHNOLOGY ASSISTANCE TO PATRONS ALONG WITH
OTHER LIBRARY DUTIES
Item #16D5 — Continued to the May 24, 2016 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE FIRST AMENDMENT TO
THE SUBRECIPIENT AGREEMENT WITH HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC., TO SHIFT
REMAINING PROJECT DELIVERY FUNDS BETWEEN LINE
ITEMS IN ORDER TO FULLY EXPEND REMAINING
AWARDED FUNDS FOR ACQUISITION (THERE IS NO NET
FISCAL IMPACT) — FOR THE PERFORMING THE
ENVIRONMENTAL REVIEW, CLOSING COSTS, INSPECTION
AND PURCHASE OF VACANT LOTS
Item #16D6
AN "AFTER-THE-FACT" AMENDMENT, ATTESTATION
Page 218
May 10, 2016
STATEMENT AND BUDGET AMENDMENT FOR THE OLDER
AMERICANS ACT PROGRAM TITLE III FROM AREA
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. TO
REFLECT THE FINAL FY 15 GRANT FUNDING AMOUNT.
(NET FISCAL IMPACT IS A REDUCTION IN AWARD AND
MATCH TOTALING $24,517.67) — FOR CONCREGATE MEALS,
HOME DELIVERED MEALS AND HOME SUPPORT SERVICES
FOR QUALIFIED SENIORS IN COLLIER COUNTY
Item #16D7
THE CONVEYANCE OF A GRANT OF UTILITY EASEMENT
TO COMCAST OF COLORADO; FLORIDA; MICHIGAN; NEW
MEXICO; PENNSYLVANIA; WASHINGTON, LLC, A
SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS,
LLC, TO PROVIDE CABLE CONNECTIONS FOR "XFINITY"
HIGH SPEED INTERNET SERVICE WITHIN THE MARCO
ISLAND HISTORICAL MUSEUM
Item #16E1
AN ASSUMPTION AND SECOND AMENDMENT TO LEASE
AGREEMENT WITH EMBARQ FLORIDA, INC., DBA
CENTURYLINK — REDEFINING THE ANNIVERSARY DATE
FOR RENTAL PAYMENTS ON BEOF THE IT DEPARTMENT
FOR A TELEPHONE SWITCHING STATION AT THE ORANGE
BLOSSOM DRIVE LOCATED IN THE NORTH COLLIER
GOVERNMENT CENTER
Item #16E2
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May 10, 2016
RECOGNIZING ADDITIONAL FREEDOM MEMORIAL FUND
(620) REVENUE TO CONTINUE WITH CONSTRUCTION OF
ADDITIONAL PROJECT ELEMENTS AND AUTHORIZE
NECESSARY BUDGET AMENDMENTS IN THE AMOUNT OF
$76,400 — WHICH WILL BE USED TO COMPLETE THE
FOUNTAIN, THREE GRANITE BENCHES AND AT LEAST
THREE OF THE FIFTY STATES (MORE AS THE FUNDS
PERMIT)
Item #16E3
AN AMENDMENT TO THE AGREEMENT WITH FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE THIRD
YEAR FUNDING OF FIRE STATION 63 ON I-75 AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
RECOGNIZING STATE GRANT FUNDS IN THE AMOUNT OF
$1,522,069.60
Item #16E4
RECOGNIZE AND APPROPRIATE REVENUE OBTAINED
THROUGH THE DISSOLUTION OF THE FIRE CODE
OFFICIAL'S OFFICE TO THE OCHOPEE FIRE CONTROL
DISTRICT'S OPERATING BUDGET IN THE AMOUNT OF
$15,000 AND APPROVE THE NECESSARY BUDGET
AMENDMENT — USED ON THE REPROGRAMING OF THE 800
MHZ RADIOS SO THAT THEY CONFORM WITH THE NEW
DISPATCH SYSTEM, REPLACING AGING EQUIPAMNET AND
PURCHANSE HARDWARE FOR ESSENTIAL REPAIRS
Item #16E5
Page 220
May 10, 2016
THE ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR MODIFICATIONS
TO WORK ORDERS, CHANGE ORDERS, SURPLUS PROPERTY
AND OTHER ITEMS AS IDENTIFIED — THE CHANGE ORDERS
REPORT COVERS THER PERIOD OF MARCH 16, 2016 THRU
APRIL 18, 2016 AND THE SURPLUS REPORT COVERS THE
PERIOD OF MARCH 22, 2016 THRU APRIL 19, 2016
Item #16E6
AN AGREEMENT FOR SALE AND PURCHASE WITH AGATA
MAGGIO, SAVERIO MAGGIO, VITO WILLIAM MAGGIO,
FRANK MAGGIO, JOHN MAGGIO, ROBERT MAGGIO, AND
JOANN MAGGIO, AT A COST NOT TO EXCEED $336,170 TO
PURCHASE PROPERTY IN NAPLES PARK FOR DEMOLITION
AND THE FUTURE RELOCATION OF WASTEWATER PUMP
STATION 101 .07 AS PART OF THE WASTEWATER BASIN
PROGRAM (PROJECT NUMBER 70046), ON BEHALF OF THE
PUBLIC UTILITIES DEPARTMENT — FOLIO #62835920005
Item #16F1
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY —
FROM THE DOMESTIC ANIMAL SERVICES DONATION
FUND 180
Item #16F2
Page 221
May 10, 2016
RESOLUTION 2016-99: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2015-16 ADOPTED BUDGET
Item #16F3
AN AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF
RURAL BUSINESS DEVELOPMENT GRANT (RBDG) GRANT
APPLICATION TO THE UNITED STATES DEPARTMENT OF
AGRICULTURE RURAL DEVELOPMENT (USDA) FOR THE
IMMOKALEE CULINARY AND AGRIBUSINESS
ACCELERATOR IN THE AMOUNT OF A $200,000 — FOR A
FULLY EQUIPPED COMMERCIAL KITCHED FOR FOOD
PRODUCT DEVELOPMENT AND TESTING EQUIPMENT
THAT WILL INCLUDE A COLD FOOD STORAGE AND
LOADING DOCK THAT MEET ALL FDA AND USDA
REQUIREMENTS
Item #16H1
RESOLUTION 2016-100: APPOINT A MEMBER TO THE
INDUSTRIAL DEVELOPMENT AUTHORITY — APPOINTING
VICKY TRACY TO FILL A VACANCY EXPIRING ON JUNE 12,
2017
Item #16I
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
Page 222
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
May 10, 2016
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH.ACTION AS DIRECTED:
A. CLERK OF COURTS:
1) Items to be Authorized by BCC for Payment:
B. DISTRICTS:
1) Heritage Greens Community Development District:
Meeting Agenda 03/21/2016
Meeting Minutes 03/21/2016
2) Port of the Islands Community Improvement District:
Meeting Agenda 03/18/2016
Meeting Minutes 03/18/2016
3) Quarry Community Development District:
Proposed FY 2016/17 Budget(October 1, 2016 September 30, 2017)
4) Verona Walk Community Development District:
Proposed FY 2016/17 Budget(October 1, 2016—September 30, 2017)
C. OTHER:
1) Collier County Sheriffs Office:
Certified FY17 Proposed Budget submitted by Sheriff Kevin.1. Rambosk
May 10, 2016
Item #16J1 — Moved to Item #13A (Per Agenda Change Sheet)
Item #16J2 — Moved to Item #13B (Per Agenda Change Sheet)
Item #16J3 — Continued Indefinitely (Per Agenda Change Sheet)
TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN APRIL 14 TO APRIL 27, 2016
PURSUANT TO FLORIDA STATUTE 136.06
Item #16J4
TO PROVIDE TO THE BOARD A "PAYABLES REPORT" FOR
THE PERIOD ENDING APRIL 27, 2016 PURSUANT TO THE
BOARD'S REQUEST — FOUND TO SERVE A VALID PUBLIC
PURPOSE (DURING AGENDA CHANGES)
Item #16J5 — Moved to Item #13C (Per Agenda Change Sheet)
Item #16J6
REPORT TO THE BOARD REGARDING THE INVESTMENT OF
COUNTY FUNDS AS OF THE QUARTER ENDED MARCH 31,
2016
Item #16K1
A JOINT MOTION AND FINAL JUDGMENT IN THE AMOUNT
Page 223
May 10, 2016
OF $455,000 FOR TOTAL COMPENSATION OWED FOR THE
TAKING OF PARCELS 119FEE AND 119TCE IN THE CASE
STYLED COLLIER COUNTY V. RTG, LLC, ET AL., CASE NO.
13-CA-259 REQUIRED FOR THE CONSTRUCTION OF
IMPROVEMENTS TO THE INTERSECTION OF US-41 AND
COLLIER BOULEVARD, PROJECT NO. 60116. (FISCAL
IMPACT: $ 339,800) — FOR AN ORDER OF TAKING FOR 1 .74
ACRE PARENT TRACT OWNED BY ABC LIQUORS, INC.
Item #16K2
AN ASSUMPTION AGREEMENT SUBSTITUTING U. S. LEGAL
SUPPORT, INC., FOR GREGORY COURT REPORTING
SERVICE, INC., AS IT RELATES TO ITB #13-6133 (COURT
REPORTING SERVICES) — COUNTY STAFF WAS NOTIFIED
BY E-MAIL ON APRIL 8, 2016
Item #16K3
A JOINT MOTION AND FINAL JUDGMENT IN THE AMOUNT
OF $1,715,000 FOR THE TAKING OF PARCELS 251 DAME,
255DAME, 257DAME, 258DAME, 258TCE1 AND 258TCE2, AS
FULL COMPENSATION, INCLUDING ALL ATTORNEY'S
FEES, EXPERT FEES AND COSTS, IN THE LAWSUIT STYLE
COLLIER COUNTY V. S.D. CORPORATION OF NAPLES, INC.,
ET AL., CASE NO. 15-CA-1580, REQUIRED FOR THE WING
SOUTH / SANDY LANE INTERCONNECT PORTION OF THE
LELY AREA STORMWATER IMPROVEMENT PROJECT,
PROJECT NO. 51101, AND AUTHORIZE ANY NECESSARY
BUDGET AMENDMENTS. (FISCAL IMPACT: $976,330)
Page 224
May 10, 2016
Item #17A
ORDINANCE 2016-12: THE NAPLES BRIDGE CENTER
SMALL-SCALE AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS
AMENDED, FOR TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY (ADOPTION
HEARING) (PL20150002525/CPSS-2015-3) [COMPANION TO
PETITION CU-PL2015 0000 8 73]
Item #17B
RESOLUTION 2016-101 : A RESOLUTION PROVIDING FOR
THE EXPANSION OF AN EXISTING CONDITIONAL USE
WHICH ALLOWS A SOCIAL CLUB IN THE ESTATES ZONING
DISTRICT PURSUANT TO SECTION 2.03.01.B.1 .C.2, OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY KNOWN AS THE NAPLES BRIDGE CENTER
LOCATED AT 5865 GOLDEN GATE PARKWAY IN SECTION
29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA (CU-PL20150000873) COMPANION ITEM
TO PL20150002525/CPSS-2015-3)
Item #17C
ORDINANCE 2016-13: AN ORDINANCE THAT WILL
IMPLEMENT A SIX MONTH MORATORIUM ON NEW
APPLICATIONS FOR DEVELOPMENT ORDERS INVOLVING
THE CONVERSION OF LANDS CURRENTLY ZONED FOR
GOLF COURSE USE, DURING WHICH TIME STAFF WILL
DEVELOP AND BRING FORWARD GROWTH MANAGEMENT
Page 225
May 10, 2016
PLAN AND LAND DEVELOPMENT CODE AMENDMENTS TO
ADDRESS ISSUES SUCH AS THE LOSS OF OPEN SPACE,
STORMWATER MANAGEMENT, AND POTENTIAL
ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE
CONVERSIONS (Note by County Attorney: This moratorium
period commenced 4/12/16 (Item #10B)
Item #17D — Moved to Item #9A (Per Agenda Change Sheet)
Item #17E
This item continued to the May 24, 2016 BCC Meeting.
RECOMMENDATION TO APPROVE A RESOLUTION
DESIGNATING THE CLOSE-OUT OF THE ADOPTED TWELVE
LAKES PLANNED UNIT DEVELOPMENT (PUD) WHICH HAS
COMPLETED ALL OR A PORTION OF ITS DEVELOPMENT
AND HAS CONSTRUCTED UP TO THE AUTHORIZED
DENSITY AND/OR INTENSITY, AND HAS BEEN FOUND BY
COUNTY STAFF TO HAVE ONLY ONE RELEVANT
TRANSPORTATION COMMITMENT REMAINING
*****
Page 226
May 10, 2016
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:42 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
4114/40 ja4c6.-H
DONNA FIALA, CHAIRWOMAN
ATTEST
DWIGHT E. BROCK, CLERK
Attest as to Chairma
signature onl"" ,t)
These minutes approved by the Board ont - , '2c'(lp
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
** During the May 24, 2016 BCC Meeting a motion was made to
correct a scrivener's error that occurred at the May 10, 2016 BCC
Meeting for **Item #16J3 and Item #16J4** where the action on the
change sheet had the item numbers reversed and this motion corrects
that — Approved 4/1 (Commissioner Henning opposed)**
Page 227