Commissioner Kowal Ex parte Items - Commissioner Daniel Kowal
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
March 25, 2025
BOARD OF ZONING APPEALS:
S.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
Xe-mails
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)
X NO DISCLOSURE FOR THIS ITEM
All information has been filed electronically with Minutes and Records
Miccosukee Tribe of Indians
of Florida
Business Council Members
Talbert Cypress. Chairman
Lucas K. Osceola. Assistant Chairman
Kenneth H. Cypress, Treasurer
Willian J. Osceola, Secretary
Pete Osceola, Jr,, Lawmaker
March 21, 2025
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,
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 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,
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
Sarina Francis
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!
Follow Up Flag:Follow up
Flag Status:Completed
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
3
Sarina Francis
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
Follow Up Flag:Follow up
Flag Status:Completed
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
4
Sarina Francis
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
Follow Up Flag:Follow up
Flag Status:Completed
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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
5
Sarina Francis
From:jay kohlhagen <jaykohlhagen@gmail.com>
Sent:Friday, March 21, 2025 12:33 PM
To:Dan Kowal
Subject:Cell tower on Tuesdays meeting
Follow Up Flag:Follow up
Flag Status:Completed
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.
Dan
Hearing on a 350feet cell tower needs be relocated in Ochopee!
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
State of Florida’s proposal from the Florida Department of Management Services, Division of
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
directly aligns with the District’s mission to improve the reliability and resiliency of the flood
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
enhancing the District’s water management infrastructure operations within our community.
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 Collier County’s 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