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Commissioner McDanielEx parte Items – Commissioner Bill McDaniel COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 25, 2025 BOARD OF ZONING APPEALS – 8.A. 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 of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a 350-foot- tall communications tower on an essential service site within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST) pursuant to Sections 2.03.09.B.1.c.5 and 5.05.09 of the Collier County Land Development Code, located on approximately 5,217+ square feet of a 5.34+ acre tract located at the Ochopee Fire Control Station 66, 40808 Tamiami Trail E, Ochopee, in Section 35, Township 52 South, Range 30 East, Collier County, Florida; and authorize the County Attorney to file a lawsuit to resolve the property's deed restriction language. (PL20230011384) (2025-686) NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails Calls ADVERTISED PUBLIC HEARINGS – none CONSENT AGENDA – none SUMMARY AGENDA- 17.A. 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 rezoning ordinance for the Tamiami 58-Acre Mixed-Use Planned Unit Development, within the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay and partly within the Airport Zoning Overlay, to allow up to 400 dwelling units with affordable housing, up to 100,000 gross square feet of commercial and light industrial uses, and up to an additional 80,000 gross square feet of mini-warehouse use on property located north of Tamiami Trail East, approximately 1,000 feet west of the intersection of Tamiami Trail East and Recycling Way, in Section 18, Township 51 South, Range 27 East, in Collier County, Florida, consisting of 58.22± acres. (PL20230007470) (Companion to item 11B [GMPA-PL20230007471, Tamiami Trail 50-Acre Mixed-Use Subdistrict]) (2025-691) NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails Calls 1 Cristina Tiberia Subject:Phone call re: cell tower / Edward Ornstein-Miccosukee Tribe Location:Commissioner McDaniel call Edward: (305) 619-5864 Start:Mon 3/24/2025 12:00 PM End:Mon 3/24/2025 12:30 PM Recurrence:(none) Meeting Status:Meeting organizer Organizer:Bill McDaniel Required Attendees:edwardo@miccosukeetribe.com Edward Ornstein- Deputy General Council with the Miccosukee Tribe of Florida Regarding cell tower 1 Cristina Tiberia From:jay kohlhagen <jaykohlhagen@gmail.com> Sent:Monday, March 24, 2025 6:54 AM To:Chris Hall; Dan Kowal; Rick LoCastro; Bill McDaniel; Burt Saunders Subject:alternate location of a 350 ' Cell tower in Ochopee!Have a heart and at least look at this area! EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. 2 1 Cristina Tiberia From:Koehler, Lisa <lkoehler@sfwmd.gov> Sent:Sunday, March 23, 2025 2:49 PM To:Burt Saunders; Rick LoCastro; Chris Hall; Dan Kowal; Bill McDaniel; Amy Patterson Cc:Sue Filson; Aixa Capizzi; Louise Jarvis; Sarina Francis; Cristina Tiberia Subject:AGENDA ITEM 8 SFWMD and BCB Supports Proposed Towerr Attachments:District_Basin Support for FDEM Tower_March 2025.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Commissioners Please see attached letter. If you have any questions regarding our support for this tower, please contact me. Respectfully, Lisa Lisa Koehler Basin Administrator Big Cypress Basin, SFWMD 2660 N. Horseshoe Drive, Suite 101A Naples, FL 34104 239-263-7615 X-7603 BIG CYPRESS BASIN GOVERNING BOARD BASIN ADMINISTRATOR Charlette Roman, Chair Dan Waters, Vice Chair PJ Smith Lisa Koehler Andrew D. W. Hill Michelle McCloud Michael Romano March 23, 2025 Collier County Board of County Commissioners Collier County Government Center 3299 Tamiami Trail East Naples, FL 34112 Subject: Proposed Communications Tower in Ochopee Dear Chairman Saunders and Board of County Commissioners, The South Florida Water Management District (District) and the Big Cypress Basin support the Telecommunications, to construct a communications tower at the Ochopee Fire Control Station #66. The proposed tower will serve multiple governmental entities, promoting efficient resource consolidation and eliminating the need for additional towers, saving taxpayer dollars. The tower control system in the region. It will be strategically located and will assist with providing flood protection for the residents of Collier County, improving emergency response capabilities and The District and the Big Cypress Basin urge the Collier County Board of County Commissioners to approve the construction of the proposed communication tower at the Ochopee Fire Control Station #66. We truly appreciate long-standing support for projects that benefit the people and the environment of South Florida. Thank you for your consideration. Sincerely, Lisa Koehler Big Cypress Basin Administrator c: Big Cypress Basin Board Members 1 Cristina Tiberia From:Bill McDaniel Sent:Friday, February 28, 2025 8:04 AM To:'jay kohlhagen' Subject:RE: Meet with Concerned Americans in Ochopee Mr. Kohlhagen, I am happy to help. Would you mind providing the address of the location mentioned below? Would you like this meeting during the day or in the evening? Best regards, Cristina Tiberia Executive Coordinator Commissioner McDaniel - District 5 Board of County Commissioners 3299 Tamiami Trail East, 3rd Floor Naples, Florida 34112 Phone: 239-252-8605 DISTRICT 5 WEBSITE Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: jay kohlhagen <jaykohlhagen@gmail.com> Sent: Tuesday, February 25, 2025 11:23 AM To: Bill McDaniel <Bill.McDaniel@colliercountyfl.gov> Subject: Meet with Concerned Americans in Ochopee EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Bill Please fit in a meeting in Ochopee with your busy schedule! Lots of concerned Americans would like to meet with you! David Shealy's place would be the best place to meet. 1 Cristina Tiberia From:Jason Daniel <JasonD@miccosukeetribe.com> Sent:Monday, March 24, 2025 12:25 PM To:Rick LoCastro; Chris Hall; Burt Saunders; Dan Kowal; Bill McDaniel Subject:Proposed Installation of Communications Tower in Culturally Sensitive Area Attachments:Letter-Final-Comms_Tower-BCC.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon, Board of County Commissioners, Please find attached a letter expressing concern over a planned communications tower development in Big Cypress National Preserve. My office is available to discuss this matter further at the board’s convenience. Regards, Jason M. Daniel, Ph.D. Tribal Historic Preservation Officer (THPO) Miccosukee Tribe of Indians of Florida P.O. Box 440021 | Miami FL 33144 Office: 305.223.8380, ext. 6061 | Mobile: 786.810.7981 cZLCkEECVAO!: March 21, 2025 Miccosukee Tribe of Indians of Florida Business Council Members Talbert Cypress. Chairman Lucas K. Osceola. Assistant Chairman Kenneth H. Cypress, Treasurer Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112-5746 SUBJECT: Proposed Installation of Communications Tower in Culturally Sensitive Area Dear Board of County Commissioners, Willian J. Osceola, Secretary Pete Osceola, Jr„ Lawmaker The Miccosukee Tribe of Indians of Florida has concerns about the proposed installation of a 3 5 0-foot-tall communications tower along Tamiami Trail, between Bass Lake Road and Turner River Road (Petition No. 2023 00113 84) and recommends its relocation. The proposed site is in close proximity to a traditional Miccosukee village, which is approximately 300 feet from the Ochopee Fire Control Station 66 near which the installation of the communications tower has been proposed. This immediate area near the proposed site has a continuing history of traditional ceremonial practice, protected under the Big Cypress Enabling Legislation of 1974 (PL 93-440, as amended by PL 100-301), which provides that "members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida shall be permitted, subject to reasonable regulations established by the Secretary [of the Interior], to continue their usual and customary use and occupancy of Federal or federally acquired lands and waters within the preserve and the Addition, including hunting, fishing, and trapping on a subsistence basis and traditional tribal ceremonials." Proceeding with construction at the proposed location may cause injury to the Tribe's congressionally -protected rights to continue ceremonial practices in areas of cultural importance. Sincerely, I0,11�w -M. Jason M. Daniel, Ph.D. Tribal Historic Preservation Officer Miccosukee Tribe of Indians of Florida PO Box 440021, Miami, Florida 33144. Tel. (305) 223-8380, Fax (305) 223-1011 Constitution Approved by the Secretary of the Interior. January 11, 1962 CC: Rick LoCastro, Commissioner (District 1) Chris Hall, Commissioner (District 2) Burt L. Saunders, Chairman (District 3) Dan Kowal, Vice Chair (District 4) William L. McDaniel, Jr., Commissioner (District 5) 1 Cristina Tiberia From:Edward Ornstein <EdwardO@miccosukeetribe.com> Sent:Monday, March 24, 2025 12:22 PM To:Bill McDaniel Subject:Tribal Concerns re Ochopee Cell Tower EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Commissioner McDaniel, Thank you for calling to touch base about the proposed Ochopee cell tower. As discussed, the Miccosukee Tribe of Indians of Florida has concerns about the proposed installation of a 350-foot-tall communications tower along Tamiami Trail, between Bass Lake Road and Turner River Road (Petition No. 20230011384) and recommends its relocation. The proposed site is in close proximity to a traditional Miccosukee village, which is approximately 200-300 feet from the Ochopee Fire Control Station 66 near which the installation of the communications tower has been proposed. This immediate area near the proposed site has a continuing history of traditional ceremonial practice, protected under the Big Cypress Enabling Legislation of 1974 (PL 93-440, as amended by PL 100-301), which provides that “members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida shall be permitted, subject to reasonable regulations established by the Secretary [of the Interior], to continue their usual and customary use and occupancy of Federal or federally acquired lands and waters within the preserve and the Addition, including hunting, fishing, and trapping on a subsistence basis and traditional tribal ceremonials.” Proceeding with construction at the proposed location may cause injury to the Tribe’s congressionally-protected rights to continue ceremonial practices in areas of cultural importance. We appreciate your representation of the Tribe’s interests in this area. All the best, Edward Randall Ornstein, Esq. Deputy General Counsel Office of the General Counsel 3770 Old Tamiami Trail Miccosukee Reserved Area, Florida Office #: (305) 223-8380, Ext. 5211 Confidentiality Notice: This email, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C., Sections 2510–2521, and is legally privileged. This electronic message is intended to be reviewed only by the individual or organ ization named above. Unauthorized review, use, disclosure or distribution is strictly prohibited. This email may also be subject to the attorney- client privilege or attorney work product protection or be otherwise confidential. Any dissemination, other than to the designated and intended recipient(s), is unauthorized. Treasury Circular 230 Disclosure: To the extent this communication contains a statement relating in any way to Federal taxes, it is not a “covered opinion” and was not written or intended to be used, and it cannot be used, by any person (1) as a basis for avoiding federal tax penalties that may be imposed on that person, or (2) to promote, market or recommend to another party any transaction or matter addressed herein 2 1 Cristina Tiberia Subject:Meet w Ochopee - The Shealy Family Location:40904 Tamiami Trail E, Ochopee fl Start:Tue 3/18/2025 10:00 AM End:Tue 3/18/2025 11:00 AM Recurrence:(none) Meeting Status:Meeting organizer Organizer:Bill McDaniel Required Attendees:jay kohlhagen <jaykohlhagen@gmail.com> The Shealy Family/ Jay Kohlhagen -------------------------- Bill Please fit in a meeting in Ochopee with your busy schedule! Lots of concerned Americans would like to meet with you! David Shealy's place would be the best place to meet.