Agenda 07/12/2022 Item #17D (Ordinance - Amending Ordinance 2003-35)07/12/2022
EXECUTIVE SUMMARY
Recommendation that the Board adopt an Ordinance amending Collier County Ordinance No.
2003-35, as amended, providing for the reimposition of the Six -Cent Local Option Fuel Tax upon its
termination on December 31, 2025, effective January 1, 2026, and continuing through December 31,
2055.
OBJECTIVE: To obtain Board approval of an Ordinance for the reimposition of the Six Cent Local
Option Fuel Tax as provided for in Section 336.025(l)(a), Florida Statutes, upon its termination on
December 31, 2025, through and including the year 2055.
CONSIDERATIONS Section 336.025(l)(a), Florida Statutes, authorizes the County to levy a Six -Cent
Local Option Fuel Tax. On May 9, 1989, the Board adopted Ordinance No. 89-27, pursuant to Section
336.025(l)(a), providing for the imposition of the additional Six -Cent Local Option Fuel Tax upon every
gallon of motor fuel and diesel fuel sold in Collier County taxed under the provision of Chapter 206,
Florida Statutes. On May 25, 1999, the Board initially extended the levy through August 31, 2015 (see
Ordinance No. 99-40), and further extended the levy through December 31, 2025, by enacting Ordinance
No. 2003-35 on June 24, 2003.
On May 24, 2022 the Board adopted Resolution 2022-93 providing notice of its intent to reimpose the
additional Five -Cent and Six -Cent Local Option Fuel Taxes pursuant to Sections 336.025(l)(a) and (b),
Florida Statutes, effective January 1, 2026 through and including December 31, 2055. Section
336.025(l)(a), Florida Statutes, provides that the levy of the additional Six -Cent Local Option Fuel Tax
may be reimposed or extended by an ordinance adopted by a majority vote of the members of the Board.
A copy of the legal advertisement for the Ordinance published in the Naples Daily News on June 22,
2022, is attached.
The current Transportation five-year Capital Improvement Element ("CIE") has a projected shortfall in
excess of $200 million. Pursuant to strategy outlined in the Board -approved FY 2023 Budget Policy, it is
recommended that the Six -Cent Local Option Fuel Tax be reimposed an additional 30 years to December
31, 2055, to provide the organization with financing flexibility. Reimposing the Six -Cent Local Option
Fuel Tax upon its expiration on December 31, 2025, positions the County to capitalize on low interest
rates; greater coverage ratios; and an extended repayment horizon that increases funding capacity. Bond
proceeds would fund identified transportation system assets deemed "poor" in the inventory,
transportation system capacity improvements, and expansion of the eastern Collier County transportation
grid. Projects identified in the five-year CIE that could be financed include Collier Boulevard (Green
Boulevard to Main Golden Gate Canal), Vanderbilt Beach Road Extension, Goodlette Road (Vanderbilt
Beach Road to Immokalee Road), Wilson Boulevard (Golden Gate Boulevard to Immokalee Road), and
Randall Boulevard (8th Street to Everglades Boulevard).
A redetermination of the method of distribution has previously been made and approved by the Board as
provided in Section 336.025, or as otherwise provided by law, and such taxes shall be distributed based
on the historic transportation expenditures of the county/cities. The distribution shall be recalculated and
established prior to the reimposition of the tax on January 1, 2026.
FISCAL IMPACT: Revenues generated from the Six -Cent Local Option Fuel Tax total approximately
$8.1 million annually. The reimposition of the Six -Cent Local Option Fuel Tax will provide for funding
flexibility and allow for debt service payments related to future transportation related financing, excess
funding would be programmed annually for pay as you go transportation network capital and maintenance
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07/12/2022
consistent with statutory guidelines. Fuel tax revenues are deposited within Gas Tax Fund (313).
GROWTH MANAGEMENT IMPACT: The additional Six -Cent Local Option Fuel Tax is a principal
revenue source of the Transportation Element in the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.-SRT
RECOMMENDATION: That the Board approve and adopt an Ordinance amending Collier County
Ordinance No. 2003-35, as amended, providing for the reimposition of the Six -Cent Local Option Fuel
Tax upon its termination on December 31, 2025, effective January 1, 2026, and continuing through
December 31, 2055.
Prepared by: Edward Finn, Director of Corporate Financial Management Services
Office of Management & Budget
ATTACHMENT(S)
1. Six Cent Fuel Tax Ordinance 061322 srt numbered (PDF)
2. Six Cent Fuel Tax Ordinance 061322 srt (PDF)
3. legal ad - 6 cent fuel tax (PDF)
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07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doe ID: 22637
Item Summary: Recommendation that the Board adopt an Ordinance amending Collier County
Ordinance No. 2003-35, as amended, providing for the reimposition of the Six -Cent Local Option Fuel
Tax upon its termination on December 31, 2025, effective January 1, 2026, and continuing through
December 31, 2055.
Meeting Date: 07/12/2022
Prepared by:
Title: — Office of Management and Budget
Name: Debra Windsor
06/27/2022 10:16 AM
Submitted by:
Title: Director - Facilities Maangement — Facilities Management
Name: Ed Finn
06/27/2022 10:16 AM
Approved By:
Review:
Facilities Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Ed Finn
Additional Reviewer
Scott Teach
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
06/28/2022 10:24 PM
Completed
06/29/2022 8:31 AM
Completed
06/29/2022 8:33 AM
Completed
06/29/2022 9:08 AM
Completed
06/29/2022 9:49 AM
Completed
07/05/2022 12:11 PM
07/12/2022 9:00 AM
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ORDINANCE NO. 2022 -
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
2003-35, AS AMENDED, ALSO CITED AS THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY SECTION 126-27, PROVIDING
FOR THE REIMPOSITION OF THE SIX CENTS OF ADDITIONAL
LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL
AND DIESEL FUEL SOLD IN COLLIER COUNTY UPON ITS
EXPIRATION ON DECEMBER 31, 2025, EFFECTIVE JANUARY 1, 2026,
UP TO AND INCLUDING DECEMBER 31, 2055, WHICH IS TAXED
UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 336.025(l)(a), Florida Statutes, provides for the levy of the up to
Six Cents Additional Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold
in a county and taxed under the provisions of Chapter 206, Florida Statutes; and
WHEREAS, Collier County previously extended the Six Cents Local Option Fuel Tax
by the adoption of Ordinance No. 2003-35 (also known as Section 126-27 of the Collier County
Code of Laws and Ordinances), on June 24, 2003, through and including December 31, 2025;
and
WHEREAS, at the time that the levy was extended through Ordinance No. 2003-35, a
re -determination of the method of distribution was made as provided in Section 336.025(4)(a),
Florida Statutes, based on the historical transportation expenditures of the County and eligible
municipalities, and the method of distribution was re -determined most recently, as required by
law, and memorialized in Collier County Resolution Number 2013-63; and
WHEREAS, Section 336.025(l)(a), Florida Statutes, provides that the levy of the Six
Cent Local Option Fuel Tax may be reimposed by adoption of an ordinance by a majority vote of
the governing body of the County; and
WHEREAS, Collier County has identified through its current five-year Transportation
Capital Improvement Element ("CIE") plan that there is a projected shortfall in excess of $200
million to undertake needed County transportation road projects; and
WHEREAS, Collier County's approved Transportation CIE plan is predicated on
bonding available fuel tax revenues; and
WHEREAS, the revenues received from a reimposition of the additional Six Cent Local
Fuel Tax will provide funding for debt service related to future transportation -related financing,
and allow excess funding to be programmed annually for pay as you go transportation network
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capital and maintenance projects, all within the definition of "transportation expenditures"
needed to meet the requirements of the County's CIE plan; and
WHEREAS, delays in undertaking specific roadway improvements outlined in the
County's road Transportation CIE would result in increased future road construction
expenditures and a decrease in the level of service on County roadways, thereby causing
increased congestion; and
WHEREAS, it is determined by the Board of County Commissioners that the
reimposition of the levy of Six Cents Additional Local Option Fuel Tax upon every gallon of
motor fuel and diesel fuel sold in Collier County is necessary to finance construction of needed
transportation facilities, and is necessary to promote the public health, safety, and welfare of the
citizens and visitors to Collier County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDING ORDINANCE NO. 2003-35, AS AMENDED
Ordinance No. 2003-35, as amended, also cited as Section 126-27(c-e.) of the Collier
County Code of Laws and Ordinances, is hereby amended to read as follows:
(c) Extensionlreimposition of the local option fuel tax. There is hereby extended, levied.,
and imposed the six cents local option fuel tax upon every gallon of motor fuel and diesel fuel
sold in Collier County and taxed under the provisions of F.S. ch. 206, as provided in F.S. §
336.025(l)(a), up to and including the year 20251 . Upon the eLcpiration of the current levy on
December 31, 2025, the six cents local option fuel tax Lipon every gallon of motor fuel and diesel
fuel sold in Collier CopRty shall be reiMposed and levied effective Januqa 1, 2026, so there is
no "gqp" or "lqpse" in the collection of the tax from its current expiration date, through and
including tefminating December 31, 242-5 2055. The ex4ensien of six cents local option fuel
tax as provided herein shall be considered a reimposition of such tax commencing from the
Januqa 1, 2026, effective date her-ee through and including December 31, 242-5 2055.
(d) Effective date of reimposition and extension of local option fuel tax and duration.
The six cents local option fuel tax currently scheduled to e2ipire on December 31, 2025, shall be
extende reiMpose effective January 1, 2,0� 2026 to expire on Deeember- 31. 2025 and such
reiMposition shall continue thereafter through and including December 31, 2055.
(e) Collection and distribution of local option fuel tax; use of local option fuel tax
revenues. The six cents local option ftiel tax shall be collected in the same manner as all other
fuel taxes pursuant to F.S. ch. 206. A re -determination of the method of distribution has
previously been made and i1pproved by the Board of Coun1y Commissioners as provided in F.S.
§ 336.025 or as otherwise provided by law, and shall be recalculated and established prior to the
reilnposition of the tax on JanuM 1, 2026. The proceeds of the tax shall be distributed among
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92 Collier County and eligible municipalities based on the transportation expenditures of each for
93 the five fiscal years preceding the year in which the tax is authorized, as a proportion of the total
94 of such expenditures for Collier County and all municipalities within Collier County, pursuant to
95 the provisions of F.S. § 336.025(4).
96
97 The revenues from the six cents local option fuel tax shall be used for "transportation
98 expenditures" as provided in F.S. § 336.025.
99
100
101 SECTION TWO: CONFLICT AND SEVERABILITY.
102
103 In the event this Ordinance conflicts with any other ordinance of Collier County or other
104 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
105 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
106 separate, distinct, and independent provision and such holding shall not affect the validity of the
107 remaining portion.
108
109 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
110
ill The provisions of this Ordinance shall become and be made a part of the Code of Laws
112 and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered
113 or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
114 "article," or any other appropriate word.
115
116 SECTION FOUR: EFFECTIVE DATE.
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118 This Ordinance shall be effective upon filing with the Department of State.
119
120
121 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
122 County, Florida, this 12th day of July, 2022.
123
124 ATTEST:
125 Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS
126 & Comptroller COLLIER COUNTY, FLORIDA
127
128 By: By:
129 Deputy Clerk William L. McDaniel, Jr., Chairman
130 Approved as to form and legality:
131
132 Scott R. Teach, Deputy County Attorney
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ORDINANCE NO. 2022 -
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
2003-35, AS AMENDED, ALSO CITED AS THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY SECTION 126-27, PROVIDING
FOR THE REIMPOSITION OF THE SIX CENTS OF ADDITIONAL
LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL
AND DIESEL FUEL SOLD IN COLLIER COUNTY UPON ITS
EXPIRATION ON DECEMBER 31, 2025, EFFECTIVE JANUARY 1, 2026,
UP TO AND INCLUDING DECEMBER 31, 2055, WHICH IS TAXED
UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND,
PROVIDING AN EFFECTIVE DATE.
WHERE, AS, Section 336.025(l)(a), Florida Statutes, provides for the levy of the up to
Six Cents Additional Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold
in a county and taxed under the,provisions of Chapter 206, Florida Statutes; and
WHERE, AS, Collier County previously extended the Six Cents Local Option Fuel Tax
by the adoption of Ordinance No. 2003-35 (also Imown as Section 126-27 of the Collier County
Code of Laws and Ordinances), on June 24, 2003, through and including December 31, 2025;
and
WHERE AS, at the time that the levy was extended through Ordinance No. 2003-35, a
re -determination of the method of distribution was made as provided in Section 336.025(4)(a),
Florida Statutes, based on the historical transportation expenditures of the County and eligible
municipalities, and the method of distribution was re -determined most recently, as required by
law, and memorialized in Collier County Resolution Number 2013-63; and
WHEREAS, Section 336.025(l)(a), Florida Statutes, provides that the levy of the Six
Cent Local Option Fuel Tax may be reimposed by adoption of an ordinance by a majority vote of
the governing body of the County; and
WHEREAS, Collier County has identified through its current five-year Transportation
Capital Improvement Element ("CIE") plan that there is a projected shortfall in excess of $200
million to undertake needed County transportation road projects; and
WHEREAS, Collier County's approved Transportation CIE plan is predicated on
bonding available fuel tax revenues; and
WHERE, AS, the revenues received froin a reimposition of the additional Six Cent Local
Fuel Tax will provide funding for debt service related to future transportation -related financing,
and allow excess funding to be programmed annually for pay as you go transportation network
[22-M BG-005 02/1726447111 "$1-
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capital and maintenance projects, all within the definition of "transportation expenditures"
needed to meet the requirements of the County's CIE plan; and
WHEREAS, delays in undertaking specific roadway improvements outlined in the
County's road Transportation CIE would result in increased future road construction
expenditures and a decrease in the level of service on County roadways, thereby causing
increased congestion; and
WHERE, AS, it is determined by the Board of County Commissioners that the
reimposition of the levy of Six Cents Additional Local Option Fuel Tax upon every gallon of
motor fuel and diesel fuel sold in Collier County is necessary to finance construction of needed
transportation facilities, and is necessary to promote the public health, safety, and welfare of the
citizens and visitors to Collier County, Florida.
NOW, THERE, FORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDING ORDINANCE NO. 2003-35, AS AMENDED
Ordinance No. 2003-35, as amended, also cited as Section 126-27(c-e.) of the Collier
County Code of Laws and Ordinances, is hereby amended to read as follows:
(c) Extensionlreimposition of the local optionfitel tax. There is hereby extended, levied,
and imposed the six cents local option fuel tax upon every gallon of motor fuel and diesel fuel
sold in Collier County and taxed under the provisions of F.S. ch. 206, as provided in F.S. §
336.025(l)(a), up to and including the year 20253 . Upon the expiration of the current levy on
December 31, 2025, the six cents local option fuel tax upon every gallon of motor fuel and diesel
fuel sold in Collier County shall be reimposed and levied effective January 1, 2026, so there is
no "gqp" or "lqpse" in the collection of the tax from its current expiration date, through and
including teyn4nafing December 31, 242-5 2055, The extension of six cents local option fuel
tax as provided herein shall be considered a reimposition of such tax commencing from the
January 1, 2026, effective date hereo through and including December 31, 2025 2055.
(d) Effective date of reiniposition and extension of local option fuel lax and duration,
The six cents local option fuel tax currently scheduled to expire on December 31, 2025, shall be
extended reimposed effective January 1, 2404 2026 to expire otl Deeembei! 31, 2025 and such
reimposition shall continue thereafter through and. including December 31, 2055.
(e) Collection and distribution of local option fiel tax; use of local option fuel tax
revenues. The six cents local option fuel tax shall be collected in the same manner as all other
fuel taxes pursuant to F.S. ch. 206. A re -determination of the method of distribution has
previously een made and approved by the Board of Coun1y Commissioners as provided in F.S,
§ 336.025 or as otherwise provided by law, and shall be recalculated and established prior to the
reimposition of the tax on January 1, 2026. The proceeds of the tax shall be distributed among
[22 -M BG -005 0211726447/11
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Collier County and eligible municipalities based on the transportation expenditures of each for
the five fiscal years preceding the year in which the tax is authorized, as a proportion of the total
of such expenditures for Collier County and all municipalities within Collier County, pursuant to
the provisions of F.S. § 336.025(4).
The revenues from the six cents local option fuel tax shall be used for "transportation
expenditures" as provided in F.S. § 336.025.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply, If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THRE E: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
4�atticle," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 12th day of July, 2022.
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
-0
Deputy Clerk
Approved as to form and legality:
Scott R, Teach, Deputy County Attorney
[22-M BG-00502/172 6447/11
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
0
William L. McDaniel, Jr., Chairman
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners on July 12, 2022,
in the Board of County Commissioners Meeting Room, Third
Floor, Collier Government 'Center, 3299 Tamiami Trail East, Na-
ples FL., to consider the enactment of a County Ordinance. The
meeting will commence at 9:00 A.M. The title of the proposed
Ordinance is as follows:
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
2003-35, AS AMENDED, ALSO CITED AS THE CODE OF LAWS
AND ORDINANCES OF COLLIER COUNTY SECTION 126-27, PRO-
VIDING FOR THE REIMPOSITION OF THE SIX CENTS OF ADDI-
TIONAL LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MO-
TOR FUEL AND DIESEL FUEL SOLD,IN COLLIER COUNTY UPON ITS
EXPIRA71ON ON DECEMBER 31, 2025, EFFECTIVE JANUARY 1,
2026, UP TO AND INCLUDING DECEMBER 31, 2055, WHICH IS
TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA
STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY, PRO-
VIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINAW
CES; AND, PROVIDING AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limit-
ed to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
Of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to promote social distancing
during the COVID-19 pandernic, the public will have the oppor-
tunity to provide public comments remotely, as well as in per-
son, during this proceeding. Individuals who would like to par-
ticipate remotely, should register up to 6 days in advance
through the link provided on the front page of the county
website at www.colliercountyfl.gov. Individuals who register
will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, rn�y need to ensure'that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
if you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, Jr., CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk (SEAL)
June 22. 2022 #5305444
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